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1000-114.-12-14
70 m m j I Fn MON NEW SUFFOLK AVENUE °'S PARCEL TO BE DEDICATED TO TOWN OF SOUTHOLO 0I'E FOR FUTURE HIGHWAY PURPOSES ND VEHICULAR ACCESS 621.95 (j02' 20,E AREA 9177 S.F N.88°2900 E. _ 363.82 30.28' --NA — 206.51 O. FINISHED GRADE ��6h STORAGE GAL m I P J300 0 N TANK K, '33CT. O0 NOO ,2H[ lE N eR. el NO eouxo PVL. Qp• a 42006 SF 3' f N N s TEST WELL C R GROUND WATER N.B2027'2puW_ N-�O. 1 225.00 0 € \\ A 'W ^ TEST WELL y y' O NO x 0 2 0 m 42750 S.F. "Db o+ SUBMERSIBLE PUMP o a y N W' O ` TYPICAL WELL DETAIL PROPERTY LINE N.82°2720"W 225.00' o e' WE L 7 J wfu ? 0 2 „OPEN SPACE„ a W ` _J o 0 78504 4CRE6 Wim' p N W a W 44625 S. f eLEACHING 8 RRAUs A TIE IN 'PO �. y� O 5]=32 ROW. IIT9.I6 2 W TEST WELL U, I y N.82°27'20"W "°ti3 'm 3 ? LOCATSCALEION MAP ASEPTIC B TIC TARN J � 30p,0p' � O TEST ^qEu Go )t� eNi o(RerirwL LEACHING POOL p 4 p it INBIt /n 45000 S.F. o „� 0, m o 42 LO' SUBJECT TO COVENANTS i RESTRICTIONS LIBER y PAGE ROAD N.82°2720"W NOTE 300.00' THIS SUBDIVISION IS IN CLOSE PROXIMITY TO MATTITUCK AIRPORT AND,THEREFORE,MAY BESUBJECTED TO NOISE EMANATING FROM THE FACILITY AND FROM AIRCRAFT TAKING OFF AND LANDING. SUFFOLK COUNTY DEPARTMENT 'HEALTH SERVI TYPICAL PLOT PLAN W1 Hauppauge, NewYork_APR 06 19 JAN 3 J O =! 45000S0 o This is to Certify that the p/) 0 d a, a eLments for water supply .F. o w and sel p I tor FINISHED GRADE I'MIN. 1' MIN. !q A N M In the , -with a total zMIN z' Mw, T"o WELL z ,� m NOTE were a p70Ved on ills above date,These facilities mu t Conform t0 S 82°27 ALL RESIDENTIAL STRUCTURES ARE TO BE CONSTRUCTED USING construction standards in effect at the time of constructlon. This O E. h MATERIALS AND TECHNIQUES THAT WILL REDUCE INTERIOR NOISE approval SbAll be Valid only in the event said subdivi i I Vol N 82°27 20'W 300.00 d LEVELS RESULTING FROM AIRCRAFT NOISE IN ACCORDANCE WITH opmeni plan is duly filed with the County Clark within f THE RECOMMENDATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT thisdate, Consent is!lareby given for the filing of this ma Dnwicn e'MIN. 300 so.FT this endorsement a ears in the Office Of the Count SIDE WALL ARE 300.00' OR ANY OTHER AUTHORITY THAT HAS PROMULGATED STANDARDS FOR tHJ yClerk in accn;� LEACHING POOL Q Qou s with provisions of the Public Health Law and the Suffolk BOO GAL. _ U REDUCTION OF INTERIOR NOISE LEVELS. y ryCQ SEPTIC TANK 6 - CO TEsr$IroLE 6 m JOSEPH H 6AIER, P.E. n N4 j 45000 S.F b m NOTE Director,p sion of Environmental Quality O ^4 A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN AROUND DATER U N _ FILED IN THE SUFFOLK COUNTY CLERKS OFFICE WHICH W TEST WELL 0 AFFECTS LATS IN THIS SUBDIVISION. TYPICAL SEWAGE DISPOSAL SYSTEM '-VO N.az°27'zo"W "4 G m TEST HOLE NG.I TEST HOLE N0,2 Ov VIS 300,00' TOP 'O TOP O'O M Y#' SOIL SOIL 0 TEST WELL JLd MAP OF a5 O.0' r` 0 7 NO. T ry - LOAM �Aiav x.0' Z w 46043 S.F N ;° 0 0 0 3.0' O, P CRANED SAND&PACKED 0 �o o HENRY APPEL SPADES SPINEL .a 0 Z N r y SHARP 40 9PNOB GRAVEL W AT MATTITUCK GRAVEL GR.WATER BANGS 9.°' F,REWELL MON. N.fiI 300.08 N GRAVEL 12.0' O 1E. °074d'W. 12.50' G n1f, I 9741 TOWN OF SOUTHOLD 509.99' U U.A.W. Robert y F. MGN � .K 309101e 1M WW I..a" KQI RO d W mer O•S'N Mona ous nal 0r formerly a,'E SUFFOLK COUNTY, N.Y ,WI2 2 A. d Hessian II, ]DIVIIM.,�DTMINING i Smith Anne ,••s IPx,eRs,P, Gu TOWN i , 011c.11xc°ro,ceMe I BOARD . n . .., ry ' iP NIYEON SNiU 'm ' - 'HI t11Y1Y111(INP/Y I,„.,°N. .„o OWNER: THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD HENRY E. APPEL COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. OF TILE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED H - WILLIAM J KLUENDER FRANCIS J. VAN MANFN6903 FRESH , GLENDALEI N.Y.N111385 �OWAR�D-W YO( L.S. LIC. N0. 45893 BY DATE ���I� I_qq`, OCT. 29, 1992 1//K4N�FNG(AND S ,,.�” NOTE SUFFOLK COUNTY TAX MAP OCT 26, 1989 4P//ngalEMenW°` DIST. 1000 SECT, 114 ELK. 12 LOT 14 MAR 24 ,1988 NOTES I HEREBY CERTIFY THAT THIS MAP WAS MADE BY U8 FROM ACTUAL SURVEYS COMPLETED THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE ALTERED WITHWT PERMISSION JAN. 18,1988 AUG. 13 , 1987 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS:■ HEREON ACTUALLY FROM THE PLANNING BOARD, AND LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. SEPT 4, 1987 YOUNG S YOUN TOTAL AREA 15.3573 ACRES EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC ' DAT JUNE 23, i98T BO D BG 100 400 OSTpANDER pVE , RIVERHEAD, N.Y. DETAILS ARE CORRECT _ I�--r��r ALDEN W. YOUNG, N.Y.S. PE.B L.S. LIC. NO. 12845 I � y ' N-rvv-.+.( y'• SCALE : 1"=100' HOWARD W.YOUNG, N.Y.S. L.S. LIC. N0. 45893 HOWARD W.YOUN N.Y.S. L.S. LIC. NO 45893 NO.: 85 - 0158 1 50140 710 m m co1.11o1Du:rFr m 1-v'as An m rG�A11,r LAw 11 11115 E.VEEV MI.V Ml, NAxRE R.IV SEAL ov S OUIC efL E5 NOI M CDN9MMC ,E 1ALI1 I1.15POIr N 11 R0ILA11R PEEII N {HALL YIM AVENUE MpN ^, IH, 1111.N "D WHOM IHE'VArE NEW SUFFOLK .w(p A,1n oe ms IAHAu so ME PARCEL TO BE DEDICATED TOTUWN OF SOUTHOLD O.IE $ cnprvu+r cOvlxwNFNlu AUeNCY AA+ FUTURE HIGHWAY PURPOSES N0,WWI ULAN ACCGB 621.95 07/- FOR , num usmmEw+ usTEn xEMEU0. Arlo AREA-91 S.F N.68°290011E. OE HIE 11 THE,.1.0 1,GrA NA 206.51 363.82 30.2�J'.�[1 ..11115 nxt NOT 'R.MLA", FINISHED GRADE <"P •pVb� p „.1 "+ nmo,a nv wlLSwirr" J R"aati ,� O az GAL o I + 3,t. 0 A; TJO. WELL EADY STORAGE I �,P°NP .� S y Pl NES HOLE N p IRS [B k E GO ♦ 420 AMIP�t _ O6 S.F. 3' .82°27'20'yy, y' y — —GPO_NO WATER .00 t0 s y C 0 2 1 IS 42750 S.F SUBMERGIBLE PUMP j y A TYPICAL WELL DETAIL y N qA°' M1 Q WWCW O G� PROPERTY LINE �j 2 d yn 1 LU Fd S. W L L 4 1 uPEN , .SP Q b m 735 �QEI n 3 04'� ,g431iE3',l' '', 44626 S.FTit IN, ' JSr'BE'4O"W. Il N'c- - N.82027'2p1.51 a 00 - S 1 =50 IW - ! TIG TANN ,' !, -b LEACHING POOL 4 a 45000 &F. E N Y ROAD N.82°2720"W NOTE + 300.0' THIS SUBDIVISION IS IN CLOSE PROXIMITY TO MATTITUCIK (DEC 0 a Im v(JO+ITTAv� _ AIRPORT AND,TFEREFORE,MAY BESU8JECTED TO NOISE EMANATING _ FROM THE!FACILMY AND FROM AIRCRAFT TAKING OFF AMID LANDING. - i +• / 1 TYPICAL PLOT PLAN J $ 5 W I SUFFOLI< COUNllYDEPAi?IIv.ENTQF k C) 45000 S.F _ 0 1 Hauppauge. Neo York .r This is 1n ifd 'tppI Yd _ertdthat the r pusen aer w FINISHED GRADE D �p I'MIN. I' MIN. A• - frl and $Pwapp d15p� Sal for .L 1ClY]� '•'�'— z' MIN. z m NOTE 1 _]0 V T1�O LV __with a total of-.Z._.---lots zMIN Irl}ha ' '.5.82° N ALL RESIDENTIAL STRUCTURESARE TOBE CONSTRUCTED USING werl' approved on the a bove date Thase facilities ro ust confor m Cr i- 2720 H MATERIALS AND TECHNIQUES THAT WILL REDUCE INTERIOR NOISE n 300.0 LEVELS RESULTING FROM AIRCRAFT NOISE IN ACCORDANCE WITH Co,6truction standards In effect at the time of construction Tlvs } Q N.82°2T approval stall be valid only In the event said subdlmslon/devel- 2d'W, THE RECOMMENDATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT opmen+ plan Is duly filed will the County Clerk within U months of Goa 30.FT. OR ANY OTHER AUTHORITY THAT HAS PROMULGATED STANDARDS FOR S' IN. SIDE WALL ARE TE 300.Op' this date. Consent Is hereby Given for Thu Iiling of ffi1s map on LEACHING POOL WELL No, I '+f'j REDUCTION OF INTERIOR NOISE LEVELS. whlchi It erl7orsement appears In the off,eoftheGliU^y Clerkm e00 GAL. p `- SEPTIC TANS G occotdancewlln prov,,,ons of the Public Health Law anr.Ine SuflOtF. TEsr� 6 m County Sanitary t',exJe. xa1 43000 S.F. O 4 NOTE: _ z' MIN. GIrouND W1TER Y O A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Aldo P•ndreah P.E _ p FILED IN THE SUFFOLK COUNTY CLERKS OFFICE 0HICH W DI ester w slcl� ui Lnwronmen'. I Quality AFFECr3 LATS IN THIS SUBDIVISION t--nl6l r&-4E44 TYPICAL SEWAGE DISPOSAL SYSTEM Nae027,20"W, m 300.00', TEST HOLE NQ 'TEST HOLE 10,2 N0.0 i M, MAP OF SOIL 0.5' folL G.e' 0 O N ., LOAM LOAM z,o a n 46043 S. a b e . CLAY F' G, f A HARD SU HARP 3A O2 ,p a SAM aA0a aA z HENRY APPEL y: 40. „�B AT MATTITUCK SHARP GRAVEL PRQPOSEO� 300, GRAD R GR.WATER AO' FI M OB I�^I GRAVEL IT O' GRAVELL 12.0' flEWED 0LL ca°1'NE N.el°0740"W i .12.gp, 1 jm _ 9 J ) .1 sss' TOWN OF SOUTHOLD Robn/f I 5d ' Qrjerl F A. a H SUFFOLK COUNTY, N.Y hiGrie KDlous Ronald W Or forfherly ai EA $mlth Hessian gnhe I I " Sat'{2 OF N$"r 4�is OF NFA, - ,$D' III A, Oy' 6 �nPO W, ` `0 THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT THIS 18 TO CERTIFY THAT THIS SUBDIVISION PLA HAS BEEN APPROVED BY THE PLANNING BOARD yf r;� 06 rO O6 OWNER, COMPLY WITH THE STANDAIRDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT,OF HEALTH. OF TME TO OF SOUTHOLD B RE LUTI 0 APPROVAL DATED ] HENRY APPEL / � �t p 99 6903 FRESH POND RD. APR Y+ � �e7s+� �' NOTE+ OLENDALE, N.Y. 11385 HOWARD W.YO NG, N.Y.S. L,S. LIC• NO. 451893 DATE SUFFOLK COUNTY TAX MAP ` OCT. 24 1989 + �rc46B9'' g5B9'' DIST. 1000 SECT 114 SLK. 12 LOT 14 1 JAN. 1 ,198e • '4 '� o 4No TURNETO` I HEREBY CERTIFY THAT THIS MAP WAS MATE BY US FROM ACTUAL SURVEYS COMPLETED THE THE PLA NI SUBDIVISION MAPS FILED, CANNOT BE ALTERED HE UB PERMISSION JAN . 18,1987 NOTE! AUG, 13. 1987 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS-0 HEREON ACTUALLY FROM THE PLANNING BOARD, AND LOT MUST BE SOLO AS SHOWN ON THE SUBDIVISION MAP. " TOTAL AREA= 15.3573 ACRES SEPT. 41 1987 YOUNG BYO EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC - DATS+ JUNE 23, 1987 UJ,1 M p e0 Ipo 400 OSTRANOE^R AVE., RIVERHEAD, N.Y, A DETAILS ARE CORRECT. - Y ALDER W.YOUNG, N.Y.S. E.8L.S.LIC• N0, 93 Y. SCALE: I°=100' HOWARD W.YOUNG, N.Y.S. L.9,, LIC. N0.95883 HOWARD W.YOUNV N.Y.S. L: . LIC. NO.45SIS3 NO., 85 - 0158 50140 rt N, PLANNING BOARD MEMBERS - Pry r SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman - `- u mesas"`_;. - .i s 1�,� Supervisor p George Ritchie Latham, Jr. ✓ Richard G- Ward � ��.= Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold. New York 11971 PLANNING BOARD OFFICE Telephone (516).765-1938 TOWN OF SOUTHOLD Fax (516).765-1823 January 27, 1993 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 '4 Riverhead, New York 11901 I RE: Henry Appel Mattituck 1 SCTM# 1000-114-12-14 l :> j,qt• Dear Mr. Danowski : p p One (1) paper I ) print and four ( 4) mylar maps of the above mentioned subdivision were re-endorsed by the Planning Board Chairman on January 25, 1993. The maps were originally endorsed y on April 21, 1991 , however, as the time to file the maps lapsed, .) the maps had to be re-endorsed. The mylar maps must be picked up at this office and filed ' in the office of the County Clerk. Any plat not so filed or recorded within sixty ( 60) days of the date of final approval, I shall become null and void. Please contact this office if you have any further questions. Very truly yours, 'ZI.dlovj ,k /1" Richard G. Ward Chairman Encl. a- 11 �1 �444 DECLARATION AND COVENANT THIS DECLARATION made the _311 day of (L , 1989 by HENRY E . APPEL , 4 residing at 59-53 70th Street, Maspeth, New York and, WILLIAM J.KLUENDER residing at 64-06 Myrtle Avenue, Glendale, New York and, FRANCIS J. VAN MANEN residing at 581 T Onderdonk Avenue, Ridgewood, New York Declarants . WHEREAS, Declarants are the owners of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as- set forth as set forth in Schedule A annexed hereto as provided by the Declarants, and WHEREAS, for and in consideration of Preliminary _Map " - Approval by the Southold Town Planning Board for the major 0 C7 subdivision of Henry Appel located at New Suffolk Avenue and Ole Jule Lane, Mattituck, for 7 lots on 15 . 3 acres in the cluster .dL concept, and as a condition of said approval by resolution dated February 26 , 1987 , said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk' s • F Office, and WHEREAS, Declarants have considered the foregoing and determined that same will be in the best interest of the Declarants and subsequent owners of said parcel, NOW, THEREFORE, THESE DECLi.RANTS WITNESSETH: That Declarants , for the purpose of carrying out the intentions above expressed do hereby make known, ad,nit, publish, Fd say;, r 1118VA45 -2- covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs , executors, legal representatives, distributees , successors, and assigns, to wit: 1 . 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 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3 . There shall not be any vehicular ingress and egress on New Suffolk Avenue for Lot 1 . Said restriction shall be noted on the map to be filed in the County Clerk' s Office . 4 . No driveway or entrance road on Old Jule Lane shall be located within fifty (50) feet of the southerly end of the short radius curve, connecting the easterly side of the right-of-way of Old Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue . 5 . This subdivision is located within one mile of Mattituck Air Base and, therefore, may be subject to noise emanating from the facility and from aircraft flying overhead or nearby. 6 . All residential structures are to be constructed using materials and techniques that will reduce interior noise levels resulting from aircraft noise in accordance with the recommendations of the Department of Housing and Urban Development or any other authority that has promulgated standards for reduction of interior noise levels . 7 . To insure that the "open space area" shown on the map remains as open space, and is excluded from future development, the following requirements are to be imposed: a. A homeowners ' association shall be formed, to manage the "Open Space Area" . b. Assessment of the "Open Space Area" shall be based upon this area being an open space and/or recreational area. Such an area should be given a "zero" assessment and the assessment records prepared both for the "Open Space Area" and all the affected properties within the subdivision show that the value of the "Open Space Area" 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 Area" shall not be subdivided in the future or used for commercial use. d . The homeowners ' association shall not use the "Open Space Area" as collateral for improvements within the subdivision. 11.181PE446 � -3- e . The homeowners ' association shall meet all requirements and regulations of the State Attorney General 's Office (Referring to 13 N. Y.C.R. R. Parts 20, 21, and 22 , issued by the New York State Department of Law) . f . These requirements are necessary to protect the taxpayers of the Town of Southold as well as 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 Area" and the County from having to put this area up . for sale at an auction of tax delinquent parcels with the ` STATE OF NEW YORK / ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State - of New York in and for said County(said Court being a Coua of Record)DO HEREBY CERTIFY that I have compared the annexed cop of �.�� syo CO and that it is a just and true copy of such originals ,{� and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this J U day of /u--) . 19 y v' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L.• . . . a L Clerk. Form N0. 104 12-109..iz;eeoe STATE OF NEW YORK : COUNTY OF j1✓E F E: S' s s . : On this,'-/;,' day of M.4 ) 1989 , before me' personally came HENRY E. APPEL owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; , that he did swear to me that he executed the same. OTARY PUBLIC i :/ FREDERICK T. HALLER, JR IJO7 41 7.1532PUBLIC, - QUEENS OF N.T. Ho. 41 B7.15325 - QUEENS CO. `� O COMM. FAYIAiS MMKiE�7T 3 �1. STATE OF NEW YORK COUNTY OF ss . : On this 3/ff day of hA ; , 1989 , before me personally came WILLIAM J.KLUE NDER owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he executed the same. i %NOTARY PUBLIC _.,/NOTARY FREDLRICK T. HALLER, JR. NOIAYI PLIbIIC, SIAIE OF N.Y. UYEINS CO. _ COMM. WIMI; MAIILN-iYrW� U -JDLy STATE OF NEW YORK : COUNTY OF Cr '191CA-.S ss . : On this '-/f.. day of /IA` - , 1989 , before me personally came FRANCIS J. VAN MANEN owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he executed the same. / t 0' Tl�� f / NTARY PUBLIC FREDERICK T. HALLER, JR. NOfAbIPUBLIC, SIAfE OF N.I. N+. •I 113:]26 - QUEENS CO. COMM- EAPINES�IAAC71-1�IY-' 111810448 14-'11 O W r coo W J pJO Lr o d li lT1 y � p N o W DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this X7 , day of Al `C' A/ 1991, by HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale, New York, WILLIAM J . KLUENDER, residing at 64-06 Myrtle Avenue, Y Glendale, New York, and FRANCIS J. VAN MANEN, residing at 581 V Onderdonk Avenue, Ridgewood, New York, hereinafter referred to as ;gape "Declarants" . W I T N E S S E T H WHEREAS, Declarants are the owners in fee simple of a DIST certain parcel of land situate at Mattituck, Town of Southold, 1000 SEC County of Suffolk and State of New York, containing 15 .3573 114.00 acres, and designated on the Suffolk County Tax Map as District BLK 1000, Section 114 , Block 12 Lot 14 ; being the same premises 12 .00 LOT conveyed to Declarant by deed dated July 20, 1970, recorded in 014.00 the Suffolk County Clerk ' s Office on January 16 , 1973 , in Liber 7325, page 23, and referred to herein as the "premises" . 11 1q4 p- qS7. WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desires to subject said premises to certain reservations , restrictions , conditions , covenants and agreements . NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to conditions, covenants and restrictions hereinafter set forth , and that every purchaser of said premises or any portion thereof, by the acceptance -of a deed ti 112446 thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants , conditions , and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(s ) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II) , together with the appurtenances thereto , any and all improvements thereon, or any portion thereof, as well as to any of the Lots contained therein. ( b) "Lot" shall mean and refer to any and each of the pieces of parcels of land numbered 1 through 7, inclusive, as shown on the Subdivision Map referred to in Article II hereof, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developers" shall mean and refer to Henry E. Appel , William J . Kluender and Francis J . Van Manen, their successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. Every record owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety. Where such record ownership of any Lot is jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such 11244PC494 Lot Owner is entitled. Any one Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. (e ) As used herein, "Homeowners Association" shall refer to an association, corporation or organization of Lot Owners which shall be formed by the Developer , subsequent to the sale of 51% of the lots, and which provides for the administration and maintenance of the open space . All decisions of any such Association shall be made by at least a majority of Owner-Members in good standing. The purpose of such Association shall be the preservation of community appearance, standards and values, the enforcement of these Covenants and Restrictions , and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Lot Owners. (f) "Open Space" shall mean the 7 .8504 acres as shown on the subdivision map, dated October 16, 1989. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York , being lots numbered 1 through 7, inclusive, and such land designated as open space as designated on a certain map entitled "Map of Henry Appel ", 11.244PE/49St, prepared by Young and Young, surveyors, heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office. ARTICLE III - USE OF PROPERTY (a ) No lot shall be improved or have placed or maintained thereon any dwelling other than a single family dwelling, not to exceed two stories in height. No dwelling shall be created having less than 1 , 600 square feet of interior living area . A two story dwelling shall contain a first floor area of not less than 1000 square feet exclusive of detached garage, open breezeways , patios , terraces or basement. Each dwelling shall have a full basement made of concrete block or poured cement walls . Each dwelling shall be side with natural materials only, no vinyl, asbestos or synthetic sidings will be permitted. Each dwelling shall have a garage, either attached or detached for not more than three automobiles with an asphalt or bluestone driveway extending therefrom to the street payment line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) 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 _eclarants. 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 Declarants or their 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 Declarants or their successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns, -hall 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. (d) 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. (e ) No signs other than one identifying the owner 's name and number of the house or professional sign shall be erected on the premises . Permissible signs shall not exceed 10 inches by 0 inches, comprised of a white field with black letters or a black field with gold letters . Thus restriction shall not prohibit the I I I 11244PLO497 Declarants, their 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. (f ) All 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. (g) All exterior construction, including roof, exterior walls , painting , windows , door and landscaping shall be completed within one (1 ) year from the date construction commences. (h ) No commercial vehicles , recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. (i ) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward or a line established by extending the rear line of each house to each side line of the plot . Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. ( j ) No more than two domestic pets shall be maintained on the premises by any lot owner. (k) Exterior clothes lines shall not be installed on any lot. (1) No title in and to the bed of the road is to be 11241 V008 conveyed to the lot purchasers. The Declarants retain the said title and the right to dedicate and convey the said title to the Town of Southold. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. (m) No nuisance of any kind, including excessively barking dogs or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (n ) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swimming pool does not extend beyond six inches above the finished grade. (o ) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot un�ess its location, screening, construction, height and aesthetics are approved by Developer or by the Homeowners Association. (p) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall remove, cause to be removed or allow to be removed, without the Developer 's permission (or that of the Homeowners Association, ) , from any part of the Property not designated as required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the end that all large trees not located within required building areas of the various lots remain intact throughout the Property. Ind' ti n ad i o to the foregoing, any all landscaping to the Property shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE IV - OPEN SPACE It is the intention of the Declarants that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources . To effectuate such purposes , the following conditions, covenants and restrictions are hereby imposed on that portion of the premises designated as open space on the subdivision map, to wit: (a ) No structures shall be erected ur placed in or on any open space. (b) No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. (c ) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees , or such other removal of vegetation as may be required for the proper natural preservation thereof. i 'i j . 11214P61'.5T (d) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and recreational use of lot owners and their guests. (e ) The use of the open space shall be subject to such I reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarants, or their successors and assigns, and/or by the Homeowners Association. I ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to the Developers, the Homeowners Associations , the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns , and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developers , any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, -uccessors and assigns , and/or the Homeowners Association. Except for provisions contained herein regarding Developer' s obligations to 11244PU5561 form a Homeowners Association, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the Developer for their alleged failure to so supervise or enforce. (c ) Limit to Developers ' Obligations - Notwithstanding any provisions herein to the contrary, the Developers shall have no .further obligations , duties or responsibilities pursuant to or resulting from this Declaration subsequent to the formation of a Homeowners Association. (d) Severability - 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. IN WITNESS WHEREOF, the Declarants have duly executed this Declaration on the day and year first above written. r HENRY E. APPEL WILLIAM J. KLUENDER FRANCIS J. VAN MANEN ' 11244P615`02 STATE OF NEW YORK : COUNTY OF QUEENS ss. : On this WAday of /O pp iiC.f 1991, before me personally came HENRY E. APPEL , owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he execut,61 the same. � �Jti NOTARY .'PUBLI�'f�¢I 1./ DRAGAN X#4AN Notary Public. Siyyre of New York No.41-4945760 Qualified in Queens County Commission Expires Jan.27, 19-1 STATE OF NEW YORK COUNTY OF QUEENS. : ss. : On this 2 -7 day of 1991, before me personally came WILLIAM J. KLUENDER, owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; that he did swear to me that he executed the same. NOTARY BLIC DRAGF+fd '�;gLJAN Notary Public. ,ran:cd New York No-41-454576.0 Qualified in Queens County "V Commission Expires Jan.27, 19 STATE OF NEW YORK COUNTY OF QUEENS : ss. : On this 'Z� day of ri �����Cr �' 1991 , before me personally came FRANCIS J. VAN MANEN, owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he executed the same. _i NOTARV'//PUBLIC // DRAGAN VAWAN Notary Public,State of New York No.41-4845160 Qualified in Queens County ,�J Commission Expires Jan.27, 191 G JUDITH T.TERRY l y`� Town Hall, 53095 Main Road TOWN CLERK y P.O.Box 1179 REGISTRAR OF VITAL STATISTICSO ' Southold, New York 11971 MARRIAGE OFFICER '1' • �� Fax(516) 765-1823 RECORDS MANAGEMENT OFFICER �Oj �,°ao Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 6, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $58,750.00 performance bond for major subdivision of Henry Appel, Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. 01Q, Ajo Judith T. Terry a= Southold Town Cleric August 7, 1996 ` KIN PLANNING BOARD MEMBERS Town Fall, 53095 Mom Road RICHALRD G.WARD .'icy®,_ - t/�'� P.O. Box 1179 GEORGE RITCffiE L.=_TIi-i,&i.JR. Southold, New York 11971 -SENNETT ORLOWSPU,JR. "_ y "-_ Fax (516) 765-3136 WILLlA11 J. CREMERS %�' = �_= Telephone 1516) 765-1938 -M--N-ET i3 L.EDW_.1RD5 �1 �4_/r; PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 30, 1996 Judith Terry, Town Clerk Southold Town Hall Main Road Southold, NY 11971 Re: Major subdivision for Henry Appel SCTM# 1000.114-12-14.7 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 29, 1996: BE IT RESOLVED that the Southold Town Planning Board recommend that the Town Board release the Performance Bond Number SU1430996 for $58,750.00 for the above mentioned subdivision. All required improvements have been completed. Sincerely, Richard G. WA Chairman enc. cc: Ray Jacobs, Superintendent of Highways James Richter, Engineering inspector f^ P1 RAYMOND 7 3Lti1 :'I YJ I'13J L. ) a..Os7 J` JAMIES A. RICHTER, R.A. SUPE?1NVDENT _ = EvG;NE==INC ^lSPECTCR 'yO _ T 1C.•�._._ =moi=. �iiY1� �. _ . OFFICE OF T?IE ENGINEER -OWN OF SOUTROLD � Chairman - Planning Beard Tcwn -'ail. _3095 II Rcad Southcld, NewYorR 11P-' Major Suoeivisicn or Henr, ,apce CHe .Jule '_are, Matti,uc<. Nese '�crx SC- MT. ':LLC - ,-1 2 �1 Dear NIr. ;yard: -'s der vcur =euest. ; have onducted a mal nspectncn Or t ie aCOve -c7erence0 3L'r'dIVISICn. ,mil 0- `,`,e reC L'IIe0 COnS7rU0ticn -Lems oor,c�rning .his Projec- (lave been Satlsiactoriiy cOmCletec- If VCu have any cuestiors concernlno ills recent, please CcrtaC m`,J cffce. :�ereiv, games . . ,.icnter. a -i cc: Ravmoma Jacobs -_- ---.—_ ---.-. -- - _.-- -- i,Qu0ennterCem ci 'r-'.I ;hways) RAYMOND L. JAW13S =�® °aye JADES A. RICHTER, R.A. SUPERINTENDENT w ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE, PECONIC, N.Y. Fax_ (516) -765-175001 �aO� Tel. (516)-765-3070 OFFICE TOWN OF SHOLDM :5 11010 JULY 25, 1996 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Major Subdivision for Henry Appel Ole Jule Lane, Mattituck, New York SCTM #: 1000 - 114 - 12 - 14.7 Dear Mr. Ward: As per your request, I have conducted a final inspron of the above referenced subdivision. All of the required construction items con' Ing this project have been satisfactorily completed. If you have any questions concerning this repo,lease contact my office. yS+Ilerely, James A. Richter, R.A. cc: Raymond L. Jacobs �� —. (Superintendent of Highways) ' JUL 2 ATTORNEY AT LAW L" 9=-06 MYSTLE AVENUE G..LEyCAs E NY 1!365-9203 TEL, 718) 456-3302 FAX`r 18; 456-0808 July 22, 1996 Set theial Town Plan-.+r_a_ Board Town Hall, 531.195 Main Road P.O. Bcxi179 scut:011, Ni2w York 11_971 gs .a eIim-sa Spiro . Re : Subdivisic ,'dap of Henry Appel Ole Jule Sana and haw Suffolk Avenue M_-ttituck New V-0-10 spiAo: I nave recently c;omple „d all requited drainage and land- sca_p'_ng work ont the above _ferenced subdivision . e _ Spoke with Mr. James�Richter; the Lawn engineer, and r ,_.__ +sS u me to '.i i:. a 9uh'.A?ittinc; to 'Pe Planning Board his~letser of approval . T there=ire ask is ou cojld please take whatever measures a l-e -ecessary for me tc -btai?, from the town a release of h4 b_o—d, ufnbe: SU 143099 of Utica �`utual T_naurarce Company a , h we cu ant! y have i - effect specifically .to c_.uarantee treyrs--cirrarce of the above rEferenced subdivision ir_1'ra- SLr.. r,•L'rt� requira;uenta . have the release indemnify all three developers, myself! William .. . Kluender,, and TSV Dartners, Francis J. Van Maier, and the Estate of henry Appel . very tgt33.y yours, r.1� �. + ill"` Sv.74,mas William :;: Xluender € Z 3 ; x �L PLANNING BOARD MEMBERS- ti FFi RICHARD G.WARD Town Hall, 53095 Main Road Chairman P.O. Box 1179 ® 4 C, Southold, New York 11971 GEORGE RITCIIIE LATHAM,JR. �' 2 Fax (.516) 765-3136 BENNETT ORLOWSKI,JR_ 5 ,may,. rfti ,'% WILLIAM J. CREMERS Telephone (516) 765-1938 KENNETH L.EDWARDS .y�o PLANNING BOARD OFFICE TOWN OF SOliTHOLD January 30, 1996 William J. Kluender, Esq- 64-06 Myrtle Ave. Glendale, NY 11385-6203 Re: Major subdivision for Henry Appel SCTM# 1000-114-12-14.7 Dear Mr. Kluender: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 29, 1996: BE IT RESOLVED to adopt the Engineering Inspector's report dated December 19, 1995. In regard to Number 3 of the report, street trees must be planted at intervals of 40 feet in all areas where the existing trees have been removed and in all areas where trees are to be removed. In regard to Number 4 of the report, the fireweil was tested and accepted by the Mattituck l=ire Department in March of 1995. Please contact this office if you have any questions regarding the above. Sincerely, ,hr Richard G. Ward Chairman enc. cc- James Richter, Engineering Inspector Leonard Masone, Esq. 74 Sr RAYMOND L. JACOt&- {= JAMES A RICFITER, R.A. /'15 yy� SUPERINTENDENT G•r ` C ENGINEERING INSPECTOR SOU'rfSGIDTOWN DEPARTMENTDEPAR1lr F+z(516)-765--173017750 �"fQ/ � �b�` (516)-763-1070 OFFICE OF -THE ENGINEER TOWN OF SOUTHOLD DECEMBER 19, 1995 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: HENRY APPEL SUBDIVISION Old Jule Lane & New Suffolk Ave. SCTM #: 1000-114-12-14 Dear Mr. Ward: As per your request, I have inspected the above referenced subdivision. The following is a list of my comments: 1. The seeding of the drainage areas has not been completed. 2. The (5) five concrete survey monuments indicated in the bond estimate have not been placed. 3. Street Trees: No trees have been planted. The bond estimate called for (30) thirty trees. If all thirty trees are to be planted, additional wooded area along Old Jule Lane will require clearing to provide room for the new trees. 4. The fire well has been installed. Approval of same should be obtained from the fire commissioners. If you have any questions concerning this report, please contact my office. rely, /James A. Richter, R.A. i cc: Raymond L. Jacobs (Superintendent of Highways) ')Fr.' 2 0 1995 Pry RAYMOND L. JACOBS t JAMES A. RICHTER, R.A. i`?5 SLFERU TENDENT _ �5 ��'- q.y ` � ING@IEERPQGINSPECTOR SOLTHOLD TOWN HIGHWAY DEPARTMENT p0 F.x(516)-765-1750 ` / ���� (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER 19, 1995 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: HENRY APPEL SUBDIVISION j Old Jule Lane & New Suffolk Ave. SCTM #: 1000-114-12-14 Dear Mr. Ward: As per your request, I have inspected the above referenced subdivision. The following is a list of my comments: 1. The seeding of the drainage areas has not been completed. 2. The (5) five concrete survey monuments indicated in the bond estimate have not been placed. 3. Street Trees: No trees have been planted. The bond estimate called for (30) thirty trees. If all thirty trees are to be planted, additional wooded area along Old Jule Lane will require clearing to provide room for the new trees. 4. The fire well has been installed. Approval of same should be obtained from the fire commissioners. If you have any questions concerning this report, please contact my office. rely, James A. Richter, R.A. cc: Raymond L. Jacobs _ (Superintendent of Highways) ''� - - --•- i; '��G 2 0 1995 PLANNING BOARD MEMBERS o Town Hail, 53095 Main Road Richard G.zVVard,Chairman N - ze 'i p. 0. Box 1179 George Ritchie Latham,Jr- 4 '' Southold, New York 11971 Bennett Orlowski,Jr. Fax(516)765-3136 Mark S'. McDonald �d �� Telephone (516)785-1938 Kenneth L. Edwards eco PLANNING BOARD OFFICE TOWN OF SOUTHOLD VoJem�e? 19 James b .'t l James Richter, Road Inspector ,'§ Highway Department 7s, Peconic Lane t Peconic, NY 11958 " # Dear Mr. Richter. �E The Southold Town Planning Board hereby refers the following application for 1 your review. . ' � Application Name: 4enc.i ?�?e „I Tax Map No.: 1000- ;w- r�- Jv i Street Location: Cie „"le !d=lp �+ � Ue� $��=c11< ,•L.,,{ Hamlet Location: i Type of Application: i Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated r. Final Subdivision Map (Dated r. 'I Road Profiles (Dated Grading and Drainage Plans (Dated yy� X Other , ems nim (Dated la / / 9s- Sketch 9gSketch Site Plan (Dated �) G{ Preliminary Site Plan (Dated I' Grading and Drainage Plans (Dated / ) Other (Dated I Comments tl �• •-li• r' 1S �ti ^ri.Pp Ptt 62 "r li tai Contact person: lrol�. f� WILLIAM J. KLUENDER ISL ATTORNEY AT LAW / s 64-06 MYRTLE AVENUE GLENDALE, NY 11385-6203 TEL. (718) 456-3302 FAX(718) 456-0609 - - October 30, 1995 Town of Southold Planning Board Town Hall , 53095 Main Rd , Southold , NY 11971 -0959 Att: Melissa Spiro I Re: Subdivision of Henry Appel 01e Jule Lane and New Suffolk Ave, , Mattituck Dear Ms . Spiro : As a condition of Town approval of the above subdivision, we were required to post a Performance Bond to guarantee compliance with certain town road and drainage infrastructure requirements . I have been told by my con- tractor, Mr. Bill Grefe of Island Drainage Inc, that this work has been completed to the Town's satisfaction, I therefore ask if you could kindly verify this and if accurate have pre- pared a release by the Town of Southold to Utica Mutual Insurance Company of their Bond Number SU1430996 in the sum of $58,750.00 issued on November 29, 1990, and please forward said release to my office. Since our bond insurance premium will be due in one month, hopefully this matter can be addressed by them. Very truly yours, - —WJK:mas Wiiliaim J. Kluender S L^ cti kd P10V 9 B95 PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. -� 1,6 P. O. Box 1179 Bennett Orlowski,Jr. `�,,y ry ®�' JJJ�"""r Southold, New York 11971 Mark S. McDonald �g� �'� Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 I PLANNING BOARD OFFICE TOWN OF SOUTHOLD I IJuly 11, 1995 rLeonard Masone, Esq. Masone, White & Penkava P.O. Box 780045 Maspeth, NY 11378-0045 Re: Major subdivision for Henry Appel SCTM# 1000-114-12-14.7 Dear Mr. Masone: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 10, 1995: WHEREAS, Henry Appel, William Kluender and Francis J. Van Manen, owners of the original subdivision map known as 'Map of Henry Appel at Mattituck, Town of Southold, Suffolk County, NY% and the current owners of Lot No. 14.7 on said subdivision have requested that the Town Planning Board authorize the filing of an Affidavit of Correction; and WHEREAS, the request for the Affidavit of Correction relates to a reservation for possible future highway dedication of the area known as Lot No. 14.7 on said map; and WHEREAS, this Planning Board has reviewed the request and the records of the Planning Board and has determined that this reservation is no longer necessary and the Town dues not need the area of Lot No. 14.7 for present or future highway dedication; be it therefore �w Page 2 Major subdivision for Henry Appel July 11, 1995 RESOLVED that the Planning Board does hereby authorize the filing of an Affidavit of Correction or Amendment removing the reservation for possible future highway dedication from Lot No. 14.7 and the incorporation of said area into the open space portion of the subdivision (Lot 14.6) Enclosed please find the affidavit which has been signed by the Planning Board Chairman. Please forward a copy of the revised executed deed for the open space portion of the subdivision (Lot 14.6) upon completion of the incorporation of Lot No. 14.7 with t the open space parcel. t Please contact this office if there are any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. t STATE OF NEW YORK COUNTY OF SUFFOLK HOWARD W. YOUNG, Land Surveyor, being duly sworn, deposes and says: 1. That a final map was approved by the Town of Southold Planning Board and has been filed with the Clerk of Suffolk County. j 2 . That said map is identified as follows: "Map of Henry Appel at Mattituck, Town of Southold, 1 Suffolk County, N. Y. , filed on 2/16/93 as Map No. 9327" 3 . That the subdivision appears in District 1000, on Section 114 . 00, in Block 12 . 00 of the Suffolk County tax map. 4 . That Lot 14 . 7 on said map is a 12 . 5' wide strip of land ! which was reserved for future highway purposes . s 5 . That the Planning Board of the Town of Southold has i recognized that there is no useful purpose for this reservation and J has approved the removal of this reservation, as the Town will not require Lot 14 . 7 for present or future highway purposes . 6 . That the owner of said property as shown on said map is Henry Appel, William J. Kluender and Francis J. VanManen of 69-03 Fresh Pond Road, Glendale, New York. I - 2 - 7 . That this affidavit shall be filed with the Suffolk County Clerk correcting and amending the filed subdivision map to eliminate reservation for future highway dedication as to the area indicated as Lot No. 14 . 7 and the incorporation of said area into I j the open space portion of the subdivision (Lot 14 .6) . Howard W. Young STATE OF NEW YORK COUNTY OF SUFFOLK 1 On the day of June 1995, before me personally came Howard W. Young, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public PROVED: Chairman of Southold Town Planning Board: (Lo— 0 C'Luo-a Richard Ward Sworn to before me ,this �0 71-ji day �ofl Ju-iX 1995 . Nota y Public ELIZABETH ANN NEVILLE Notary Public,State of Caw York No.52-6125850,Suffolk County Term Expires October 31,19-;&6 pra' June 14, 1995 Melissa Spiro Planning Board Town of Southold 53095 Main Road, Box 1179 Southold, NY 11971 Re: Subdivision Map of Henry Appel Dear Ms. Spiro: I an writing you in accordance with our discussions and the May 18, 1995 letter of Laury L. Dowd, Town Attorney (copy annexed) , whereby it was indicated the Planning Board has decided to eliminate the requirement for the reservation of a 12 . 5' wide Right of Way for future widening of Camp Mineola Road, and the incorporation of said area into the open space portion of the subdivision (Lot 14 . 6) . I enclose herewith a proposed affidavit that would be signed and filed with the County Clerk to correct and amend the map by eliminating this reservation, once the Planning Board has passed a resolution authorizing same. I have also included a draft resolution that the Board may wish to use. I would ask that this resolution be adopted as expeditiously as possible. Very truly yours, MASONE, WHITE & PENKAVA Leonard Masone LM/FM encl. 5 IPGBOD I J U �4.� S� S T 1 7 1 9 W I N T E R S L A N 7] S E A R C H P _ 0 :5 r t T P,detaA Halssolf LAURY L DOWD .ip Torn Hall,69005 Maln Rood Tar�Almrnaf + �� �a�! P.O. DOW 1179 SoWhold, NOW York 11971 Fox(SIN)705-1823 TBNpAone(61 B)783.1000 OFFICE OF THE TOW)N1 ATTORNEY T1)WN 0'F SOIJTHOLD ! May 18, 1995 William J. Kluender 64-06 Myrtle Avenue Clendale, NY 11385 Re: Map of Henry Appel Tax Map 0114-12-14.7 Dear Mr- Kluender: I referred your Inquiry @bout the right-of-way you were required to dunatr as part of the above-described subdivision to the Planning Board. You felt that the parcel is unmarketable and Is a tax and liability burden to you- The Planning Board has decided to eliminate the requirement for the reservation of the 12.5 foot wide right-of-way for future widening of Camp Mineola Road. They askyou to Incorporate the right-of-way Into the open apace portion of the subdivision by filing a Certificate of Correction with the Planning Board and the Suffolk County Clark's office. Mellsea Spiro (7 1936) Is the planning staff member who Is familiar with this matter and can an rer any questions you may have as to process• I hope this provides a satisfactory resolutlon to this matter. Please advise me If 1 can be of further arslstance. Very truly ours, Towrtir�ipn�ry hlAY 22 '95 21:40 "^-- - JUN 03 95 18=04 5164847269 PAGE-03 DRAFT RESOLUTION WHEREAS, HENRY APPEL, WILLIAM KLUENDER and FRANCIS J. VAN MANEN, owners of the original subdivision map known as "Map of Henry Appel at Mattituck, Town of Southold, Suffolk County, N.Y. ", and the current owners of Lot No. 14. 7 on said subdivision have requested that the Town Planning Board authorize the filing of an Affidavit of Correction; and WHEREAS, the request for the Affidavit of Correction relates to a reservation for possible future highway dedication of the area known as Lot No. 14. 7 on said map; and WHEREAS, this Planning Board has reviewed the request and the records of the Planning Board and has determined that this reservation is no longer necessary and the Town does not need the area of Lot No. 14.7 for present or future highway dedication; NOW, THEREFORE BE IT RESOLVED that the Planning Board does hereby authorize the filing of an Affidavit of Correction or Amendment removing the reservation for possible future highway dedication from Lot No. 14 . 7 and the incorporation of said area into the open space portion of the subdivision (Lot 14 . 6) . LAW OFFICES n/ WICKHAM, WICKHAM a BRESSLER. P.C. MAIN ROAD. P.O. PDX 1424 MATTITUCK. LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSi ER 516-29[3-5300 ABIGAIL 4 WICKHAM 516-296-935--- TELEFAx NO.516-298-2012 LYNNE M.GOROON TELEFAX NO.516-2a8-5565 �OSEFH C.SAVINO HUEERT F.SULLNAN JANET GEASF. JEFFREY STARR June 9, 1995 Mr. Richard G. Ward, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Harvest Homes, Section 2 Peconic Development Corp. Dear Mr. Ward: Confirming my request at your work session this week, please extend my client's time to present preliminary maps for an additional period, inasmuch as we have now resolved the yield of 13 lots (subject to Town Engineer approval of the drainage areas) and will be presenting a sketch in the layout discussed at the work session. This will encompass lots along the perimeter of the property, with the last lot to include the large area at the center to accommodate a TDR program in the future. Thank you very much for your consideration. 2 believe that after much redesign we are moving to a final resolution. Very truly your , �v d Abigail A. Wickham AAW:mh encl. 30-plbdofc AI - - .y N PSC A( .� ��• h q�d j � L n M! y LAURY L. DOWD Town Hall,53095 Main Road Town Atromey '� P_ O. Box 1179 ~ �1r Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD May 18, 1995 William J. Kluender 64-06 Myrtle Avenue Glendale, NY 11385 Re: Map of Henry Appel Tax Map #114-12-14.7 Dear Mr. Kluender: referred your inquiry about the right-of-way you were required to donate as part of the above-described subdivision to the Planning Board. You felt that the parcel is unmarketable and is a tax and liability burden to you. The Planning Board has decided to eliminate the requirement for the reservation of the 12.5 foot wide right-of-way for future widening of Camp Mineola Road. They ask you to incorporate the right-of-way into the open space portion of the subdivision by filing a Certificate of Correction with the Planning Board and the Suffolk County Clerk's office. Melissa Spiro (756-1938) is the planning staff member who is familiar with this matter and can answer any questions you may have as to process. I hope this provides a satisfactory resolution to this matter_ Please advise me if I can be of further assistance. ( Very truly ours, i l a��L ~�owd Town-Attorney 7 3A _ G L E. ` MAY 1 9 -Qsnemr e i 01 PLANNING BOARD MEMBERS Richard G. Ward, Chairman y Town Hall,53095 Main Road George Ritchie Latham, Jr. - ® ! P. O. Box 1179 Bennett Orlowski, Jr, r Southold, New York 11971 Mark S. McDonald ®1 .��®,rQ Fax (516)765-3136 Kenneth L. Edwards Fy��. Telephone (516) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Laury Dowd, Town Attorney FROM: Melissa Spiro, Planner RE: Dedication of Road Major Subdivision of Henry Appel SCTM# 1000-114-12-14.7 DATE: May 9, 1995 Please find the following in regard to the Planning Board's review of your May 2, 1995 memorandum: The Board has decided to eliminate the requirement for the reservation of the 12.5 foot wide right-of-way for future widening of Camp Mineola Road. The 12.5 foot wide parcel shown on the filed subdivision map for Henry Appel for future highway purposes should be incorporated with the open space for the subdivision as additional open space. This will require that Mr. Klunder file a Certificate of Correction with the Planning Board and the Suffolk County Clerk's Office. ®� %%sFFOL,,C®G h] 0 y x LAURY L. DOWD G Town Hall, 53095 Main Road Town Attorney 'Ti �ao� P. O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: PLANNING BOARD FROM: TOWN ATTORNEY RE: DEDICATION OF ROAD MINOR SUBDIVISION OF HENRY APPEL DATE: MAY 2, 1995 Attached is a letter from Mr. Kluender who seeks to donate right of way to the Town. Melissa advises me that this right-of-way was apparently required during the subdivision process. Clearly we need to come up with a solution or Mr. Kluender will simply default on the taxes and let the County take the property. Another scenario is for the Town to accept and maintain the property now. A third choice is to have Mr. Kluender dedicate the property to the adjacent property owners in the subdivision, assuming they are willing to accept it. I don't know whether they will insist that the dedication of right of way be removed before they'll take the property. The Town Board must ultimately respond to Mr. Kluender's letter, but your response would be very valuable. I would appreciate a recommendation as to which of the above options would best suit the needs you had in mind when you approved the minor subdivision. " 'VILLI AM J. KLUENDER ATTORNEY AT LAZE 64-06 MYRTLE?.VENUE GLENDALE.N.Y.11385 �N TEL 17181 456-3302 FAY 17181 497-6218 April 7, 1995 Laurie Dowd, Esq. P.O. Box 1179 Southold, 14Y 11971. Re: Tax Map #114,-12-14.7 Dear Ms . Dowd: My name is William J. Kluender. I am an attorney and also one of three owners of the minor subdivision known as the`Map of Henry Appel"which is bordered between Camp Mineola Road, New Suffolk Avenue and Ole Jule Lane, As a condition of approval by Southold town of this subdivision, we were required to donate to the town a right of way easement adjoining what is currently the abandoned,unpaved Camp Mineola Road, This right of way is 10 feet in width and runs the entire length of the subdivision. The town requested this if in the future the Highway Department deems it necessary to pave and expand this road. Since we will have soon sold the remaining lots within this subdivision, the question of ownership of this parcel poses some concern. Currently, although the parcel is encumbered by this town right of way thus making it unmarketable, it nonetheless is still the property of my partners and myself and in addition, generates a small tax bill of 529.56 per year. I have spoken with Mr. Scott Russell of the Assessor's Office and since there are no adjacent taxable parcels , Mr. Russell claims it will not be possible to absorb this property tax into our lots. In addition, as is obvious, there is the problem of liability in the event someone should become injured on this parcel . I have attempted to purchase a liability insurance policy covering this parcel and been unsuccessful . In addition , even if insurance were available, I see no reason why we should be obligated to continue paying a premium in perpetuity_ Our position is that since the town mandated the donation of this right of way, the town is obligated to accept full title to this parcel . I would be happy to prepare at no cost any required deeds. Please at your convenience reply whether or not Southold town is amenable to this and if not, precisely what the township 's position is . Very truly yours, WJK:mas William J . Kluender o��s�FFO(�-co PLANNING BOARD MEMBERS = O` Richard G.Ward, Chairman y Town Hall,53095 Main Road George Ritchie Latham,Jr. p Southold, New 1/79 Bennett Orlowski,Jr. 11971 y Mark S. McDonald �Ol �aO� Fax(516)765-3136 Kenneth L Edwards Telephone(516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1995 William J- Kluender 64-06 Myrtle Avenue Glendale, New York 11385 RE: Approved Major Subdivision Henry Appel Mattituck SCTM# 1000-114-12-(14. 1-14.6) and 1000-122-10-1 & 2 Dear Mr. Kluender: As stated in the March 1, 1995 correspondence from the Mattituck Fire District, the firewell for the above noted subdivision has been tested and accepted by the Fire District- The Southold Town Planning Board accepts the recommendation of the Fire District. I have copied this letter to the Building Department to advise them that the firewell has been installed in a satisfactory manner. Sincerely, Mel iroob" Planner cc: Thomas Fisher, Senior Building Inspector OFFICE U1 u 1J! 1'7L t4'»1 93'd E! eu�uu6 07 0: ! 39i 1 `:E]S FP��f1)!If1 q €d GEF .Ui LL G F17HF QFF. TO xT;1497E i{.a P. 0[ f AT- T s r (fci s iL !y.�� A Z 1 ct Le I f e v �O (! � W 1 V^ L — 06 / Pease 1fl J1t`� - SP141 t� 7'vreuvC! f} 2[ezJ'alt � T. II J� j � r�� � r S �i / rV�. i Id7aw� `L& MAITITUCK FIRE DISTRICT o Rou te 2- PO Box 666 Q � MATTITUC.K. NEW YORK, 11952-0666 0 OFFICE (516) 298-9837 FAX (516) 298-8841 �vNravy �p�� March 1, 1995 Mr. Charles Kluender 6406 Myrtle Avenue Glendale, NX 11395 RE: Firewell - SCTM #1000-114-12-14 Dear Sir: Please be advised that the rirewell at the above noted location has been tested by the Mattituck Fire Department and is within the current Mattieuck Fire District Firewell Specifications. Pleaea nate that it is understood and agreed that the zubjecC Firewell ie to be maintained and used for fire prevention activities only. Fcahn Karg , S t . ck Fire i trict aMAR g `g Sn6T f s " 2 '' e11!111155_' ^_3: 20 LAW ]FFICE P;43E 01 WILLIA-H I KLUENDER MS AT €'JRNKY AT 1.AW 0-.05 W.HTI.E.AYRNUE G T,RNDAL,F..N Y. 11905 TEL.171014se-9110M FAX 17101 497-09I N �Qt7 P� n 1 �F DQ , December 16, 1994 Southold Town Planning Board 9 X94 Att: Melissa Spiro �UTHOLD WAIN ! Dear Ms. Spiro: p`ptdNING eorr We, the owner-s of tha sutdivisicn located at Ole Jule Lane and New Suffolk Avenue, Mattituc :, do here', request a waiver of the performance bond which would currently be rluire' prior to approval of building permits within this subdivi=_ion. This required bond for the sum of $10,000.00 is to quarantee construr.tion and completion of the required fire well for this subdivision. We lase this request upon the following reasons: 1 . An existing bond fvr the sum of $58,750,00 is already and currently in effect. 2 . The total construction costs for all required infrastructure, that is both the dra°nage requirements and the fire well is only 547,550-00. I am including copies of several local firr:s job estimate bids as documen- tation thereof. 3 . Krei er Well and Fum:p Corp. of Mattituck has already been retained to install this fire well , ':ley have been prepaid two-thirds of the entire cost of installation, all necassar=y permits have been applied for and work is scheduled to commerce under a temporary permit by the end of this month. You can contact Ike Green at rreiger Well (516) 298-4141 for confirmation. In addition, the construction firm of Island Drainage Inc. , also of Mattituck, has also been retained to complete all the required drainage systems and they too have also been prepaid in the sum of $12,600 .00 for this project. You can contact Sill Grefe at (516) 298-8988 for confirma- tion. The end result of all of thus is that the current bond, $58,750.00, represents art amount over and above the required costs of $27,250 .00. Lastly, we are already, and have been for quite same time, in contract to sell two of these lots and of course the purchasers are anxious to begin construction. Requiring us to post yet another bond would sub,jecc us to an undue additional expense of approximately $1 ,100.00 as in addil:ion to the bond premium itself, the bond company requires certified financial statements from all three partners which costs approximately $300.00 each to have prepared- Hopefully, you will find this explanation satisfactory. Please feel free to contact us i there a any additional questions. A { Q 'S'incerelyr, WJK:mas Willia� J. Kluender -^^f` ,a-:r .. - Lrilt OFFICE t':,aE -. 01 '11 15J2 _3. 26 �t -Jt71' r_uY� Ara- ��� Page No- of Pages 0 4 $4wout ISLAND IDRAINAGE INC. � 345 Greton Ct. MATTITUCK, NEW YORK 11952 Phone 288.8988 JPROSAL SD6MITTED TO PHONE DATE .ether F lQQ4JOB Tl64-06 M rtle Ave. ionTATE AND ZIP COD[ JOB LOCATION" SaAa3a Now $OFTECT DATE Or PLANS X05 PHONE ouna S XQUag 85 phereby sucmil specaic Tions ana e@tlrnate5 for' Road Drainage 1 . Clear and Grub 2. Supply and install 1501 of16" CMP piping 3. Supply and install { 3 ) catch basins With cast iron covers 4. Supply and install ( 16 ) leaching pools 101dia .X 81 deep. 5a Install ( 60 + ) of Concrete Curb 6. Repair road surface 7 . Fine grade and seed 8 . supply and install trees . ]Be g•ropunt hereby to furnish mzrerial and labor -- complete accordance with above specifications, for the sum Of! Thirtv-Seven Thousand £i4r,t .'iundred d�larsis'7 • x00. 00 —FWV en[ ;o z,rnaCle as tallows 1/3 down_ 1/3 upon installation of leaching Pools , _ balance upon ccrnplet'ort _ - _ Ann r.al rc @uaranfe.n co ea as s'vpr.ad All wp:e :a 7e cnmui;,!nd in a-wpr.m an L.e man. ii I.dvsneara y:.eLcas e,i alhrau.•n ar e.nanc..from .ocve speedos AV[nVIK9d none nvoi,.na arts costa wal b=ee_ +.d only. a:aen nrae,a. end mn Wteme an °"h'na,UrP nxtm fiat@e.,.r,no aOOA rn,vs N1i'e ..I,d•^=Tents on an8en:uP'+^ +Ir4za,acOOenfe - Or a 'R n.y..d our'91W.l O.nc, to carry firs tornado a,,. ober nec..aa•. conn,. Ple'.e.This propaia;may be Y C#ur rkers.:.roil,cwr.,.d or nmwd=a Lomriana.bon m.Yraeca wlbardwr� by us:I not CCCep;.d w:[hln_ 1. tleys. A 1 P�1�A'SILCP Uf rpj111.8El� —The abave prices, snec:+icaHm.s Signature and naa52 ion5 are ,islac!Ory ana are hereby acCepled+ You are 3urhonzed PLP d he Work AS Speraled Payment will be mane nsoutlrned abOvc. , f'Dale if Acceptance: - - - Srgbaivre ' fat JAN 000 LAW OFFICE PAGE 03 Nr ex gvc Well I Pump Corp . i LIN F<i-11.T Box 101 MAin QuAc: Woil Drilling &icy l 296-4141 Mattioucr , N. f . 4193; Wats' slatem. and Supplies TnYi (216) 4PVi442,1 PROPOSPIL SUP P—TEV—YV;-- REF. NO: 0829. CHARLES KLUENDER 1!/08 :94 DOH: a406 MYRTUET AVE KILU&NUER a. OLENUALE , NY IL385 QL E JULE LANE % 710-47F -621 i 11;�,T I I FzJl 0- FIRE WLLL Tu APPROXLMAIIELY mO al 4 [s" + 211 ALL swroul grEEL ALW01`4 15 HP (TuIALGI DEP P WELI FoMR mOULL ObDOH 4v FEEV QK 4" DRbI PM WITH *0- 1 K"HIMERAll WIRL 4" 1 HF(li YX VIE 4" A 4- 1 . 2" R%! " VIRE HOIE ODAP014 W11H CAF CHMIN ALL NECESSANY L,RCIPICAL 71171INGs Ta UUNPORM TO NPITITUCI l 1010L ALL NECESSARY MTKELLANI l FT! TfN&:, WEL"Tn BE SURGED HNTIL FREE OF SANL IF NECESSARV TD Ou BE�M hu FEET , ADD S20. 00 1510 ADDIrluNy Fool -i-SK-1—an-A & M--w T-e-T,-a L-.- -7 a-m—p! A-0- -)-n- wiLh the . U_.e 14 -atioan, P ' " the S"s & 101 , 750. 0-i dallAP5 • NJNIK TMUEAND SEVEN AmmI- D F rri , 000LARS. wiLn w.�mpnt to "y main ya t 011uwl. FORMS; 1 3 , 1 .' A a" -all at scrw- , 4 INSIA"ce in full on ocimplotion 1 RE I GER WITL L A I IRR GnOb . (InNNO 1 rm F RE APONS I U 1 K I I r FOR THF QUA! I T Y 01 FHF WATER. The Dwiloer and or HomaQwner _Mall We responsihin top tNe laretia" uF the well . ANv CHANGES IN DEFTH OR RELOCATION OF WELL , WILI. K CHARGED [ = AND MATERIAL Al COPO PREVAILING RATED. ALL 1301,KFILLING AND IPENCHING 15 ROU5H ul FiNISHINlo DR LANDSCAPING IS TIR NEPJUNETnLLTTY nF THE uWINKIN. AJI is 9"aranteed to be v�1 Hpe" j riod , All wwi ik to op naMPIntod 1 " a woi 1- manLihe manvor dccorclLm, LQ nLi"Avrd prxnLv , -n . An, . 1Ler ar,," Mr 0011MION feum wbo = sperlil , 41 ' "no 1",ul , loq . Irs c "aLa , mli I-e- m& mn , 1r wHargm over And Move 111e eQhLmwf&. 41 , agre&nant , 1 ""ttngeWt LWO" r-riiwa , G'.0 kdan%a Op OiLe ,s h, VUIW qm , ,anis (a . Ow"M t- varr- y ti, 0, a"d other "evpsba". invur =noe. COr workers nr , ful I ? vu[ Eoeu My Wnrim,, DMTr : 17�QS!94 72 to, - ----------- 0000-,V[ __ _- 0000-,V00 - LAW OFFICE .�'"^ PAGE 0-L u (\—J Page No 1 of 1 Pages CO., . CT40 Wd 1100011111ft 140.61n Wd Tri _ toga v9rd L. MY, 11201 -PRO DIAL SUBMITTED TO Pa14N£ QATE l; arLE.s hiueader 715-497-6'Z1I iec ...; : 7,1,4 STA T JOB NAME fj -Iii% ;';rtIL Ave. _ : an :)1ftent'vr An ol. Cin STATE AND bP CODE Jug L]CATION f: undalG 1.1 )., -)1,_ Aile Lane AR ITECT •� PATE ?F PIANS J06 OFONE Y ure r, 'laourta :ateicack c1,Y. ".hereby submit specifitatlens era estunate-'.or. C ear and ;rub 0. 2 acres I list,—.11. 1.6 1TOc_:i 1,rr :trill 3 euro iCt1r"t ;.� t .1rL� � 1. !V of L,5" 1IC'w'N)' Co �•:i]'.]$','.`_ ?"Kt,s1s /p l„ -( , ;7l 4"rU3!1�•ri �[lTn 23 Laic. i �VLI:+ 4�i[u_e:inot.L�. *�'vFfue�nt ij . . Y. Fiat, .r 13tt ' c- :) - . r . tolysuil an�f seeu , S - street Cree3 'OP Prapaor hereOy i.o !vniST ma'verial and labor — romplete In CCordanCe W,tri above SpecitlC1001'sfnr the Surd Of-' "LTlr' i-ye- 1 ind n�r1- w - . . - _. - "- '- -- '--'-- dollars yment la be made as falla5: +l:;n.Ce cr.l ! ? l:r� : illfnr• as +�to� i ;• C:n:.n LeC ell ll % 7_ir:: errsi 1Lt''✓C.. Ori t::Let dile -t•_Cl7.:nL3 _ __ ____ .� . I matarim :e Be.Vnt.la b be .1 All sere to Po corn Pl...d in a —inlyl.-,Lite ^A nnar .1c.10-19% M"o.ril P .a.z Any aaara+.an or deneu.r R., .revs zpacP¢,. Aulhnrti J : nvUlring a.Va ece[a wi, In. —mod a:y eo.n w-tten brdeo.m,d win bnceme an SieroT 'r _16. 'Sm cl!er4e cb' And above tna.c6maxe.Al.ogre-mama ss,'V,Sent vtn. evJ.,pc:aenly aetaya beyond cur rnntmt.awns to c rii.fire,torrmn dna ether naceavey ma.rance w This propasel'.aay be 6r wnr.o....rem y Y p Lt,rp_1L7 t rov.n.]0 4':cr4+.m f Cbr•panea hon tnc.mnc. withdrawn t1 Us �r not accepted b:Mnl tldy5. R tPptanu of 11ripasid —ThC abCve priced. speclhcanans no centlihens are sala;actary and are hereby acctPtca. You ere duihar,ted Signature __ l oo the work as specified, Pepr:ant will ba made as owimed above I to of Acceptance -^ Signature ren -^rte ARTCO DRAINAGE ClLi �P- aft &III's Mal Eacavetl Dritinalf P 0 sox 1132 JUS Ea: HPJ MATTITUCK, NFW YORK 11952 JOH # 16b (516) 290.1 Fax '(49gfi)947-5218 PATE l FAX (516) 296.21 ( 718)497-6217 12/8/94 705 NAMEILG T.QN '— Mr. Charles Kluender Old Jule Lane, Mattituck 64-06 Myrtle Ave. Tax Map - sec 114, blk 12, lot 14 Glendale, N. Y. 1 '385 Map of Henry Adel Jae ESCRIPPON• 1 . Estimate for items listed on mai; pf Henry Appel ( Infrastructure requirements A) Exclusions : 1 each fireweli to be done by others . 2. Road & Drainage: A) Clearing & grubbing 0 . 2 acres B) 160 ' - 18° CMP 8 $16 .00 per ft . $2 ,560 . 00 C) Catch basins D) Leaching pools - 16 a 10 ' x 8 ' deep $26, 063 . 00 E) 6D L. F. Concrete cuK '4 $10.00 per L. F. $600 . 00 F) Stone & paying 4OC-1 square lards $9 .00 sq. yd . $3 ,600 . 00 G) Topsoil & seeding 500 sq. ydS . $1 . 00 Sq. yd. $600 . 00 H) Concrete monuments (by Others) NIC I ) Fine grading NSC J) Street trees , white pine - 3D 3 $160 . 00 $4, 800 .00 Total $38,223 . 00 ACCEPTED AS WRITTEN x _ Please sign above and return one ropy to our Off ice. HIS TIMATE IS FOR COMPLETING THE ,IOD AS DESCRIBED ESTIMATED 38 , _23 . 00 J06 COST .eC'.E . IT IS BASED ON pUR EVALL AT!p=: AND DOES NOT IN- LUDE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND IATE9 ALS WHICH MAY BE REGUIRED SHOULD UNFORESEEN ROB RK A ADVERSE WEATHER CONDITIONS ARISE AFTER / — HE M HAS STARTED. ESTIMATED /Y/ BY 'AW e.: LN.®;rs:_Y✓1,::: •.fa.vn:M v...PF:<Y-:-�ceo - - '. a{Iz'Pee{onw�9.JOn Rn.-�u".Poar-CaM1aumn Gumam -- _: MATTITUCK EIRE WTRICT` �' s P. O. Box 6661 1000 Pike Street MaHituck, New York 11952 Office 298-8837 Fax 298-8841 December 15 , 1994 Plannina Board Office Town of Southold PO Box 1179 Southold, NY 11971 RE: Appel Subdivision SCTM #1000-114-12-( 14. 1-14. 6 ) and 1000-122-10-1 & 2 Gentlemen, Regarding the above state subdivision please relocate the proposed firewell at the South side of the Open Space Easement. Co rdiaI-Iy, i^ z John A. e� ,pp,��##-h, ect . Mattituck'�Firstrict t LM 0M16W4 D --7j S®U7407 D T®kY 4 I tib r�i9 PLANNING BOARD MEMBERSa. Richard G. Ward, Chairman ,s K ' Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski,Jr. -- - Southold, New York 11971 Mark S. McDonald / _� � Fax(516)765-:136 Kenneth L. EdwardsTelephone (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD William J. Kluender 64-06 Myrtle Avenue Glendale, New York 11385 RE: Approved Major Subdivision Henry Appel Mattituck SCTM# 1000-114-12-( 14. 1-14.6) and 1000-122-10-1 & 2 Dear Mr. Kluender: The Planning Board reviewed your letter of December 16, 1994 in regard to the above mentioned subdivision. The Board decided to waive the requirement that the firewell be installed prior to the issuance of any building permits. I have notified the Building Department of this decision. In addition, I have received notification from the Mattituck Fire District in regard to your request to relocate the firewell. The firewell is to be located on the south side of the 50' wide Open Space area adjacent to Ole Jule Lane. Please contact me if you have any questions regarding the above. Sincerely, �Guy- Melissa Sptro` Planner cc: Thomas Fisher, Senior Building Inspector John Boufis, Building Inspector "ti' •y'�i}v�y� C y F Ty PLANNING BOARD MEMBERS Richard G" Ward, Chairman zTown Hall, 53095 Main Road George Ritchie Latham, Jr. �- s" ;7 P. O. Box 1179 Bennett Orlowski, Jr. ; Southold,New York 11971 Mark S. McDonald Fax (516) 76 5-3136 Kenneth L" Edwards - ,x ' Telephone (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 December 1, 1994 John A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 RE: Approved Major Subdivision Henry Appel Mattituck SCTM# 1000-114-12-( 14. 1-14.6) and 1000-122-10-1 & 2 Dear Mr. Keogh: In 1989, the proposed subdivision map for Henry Appel was reviewed by the Fire District. One firewell was recommended, to be located on the southwest corner of Lot Number 7. The firewell was indicated on the final subdivision map, and the subdivision was approved and endorsed by the Planning Chairman on April 29, 1991 . The Planning Board has received a request from the new owner of the subdivision to relocate the firewell to the 50 foot "open space" easement between Lots Number 5 and 6. The Planning Board would like your opinion on the relocation request. I have enclosed a copy of the subdivision map and the owner's request for your review. Thank you in advance for your assistance. /Sincerely, 17 Melissa Spiro Planner enc. 12/26/1991 0a: .... -16E 01 5re13F(,C �lS `'ILLI ANI J. KI UE.NbER P3 -ATTOWNRynT 1. 7W i 11,p:NUA�.F, V y IIlxS Tql_17I,)-451-.130 FAX 171W aN7.8911 November 29., -1994 55pputhOld Town P1$nn (Att: Melissa Spiro)ing Board Re: Subdivision of Henry Appel located at Fr ? 1� Ole Jule Lane and New Suffolk Avenue, Mattituck, Section 114, Block 12, 10i 14 requesting permission to move location of required fire well . Wi { I I To Whom It May Concern: z— € The current approved plans call for a fire well to be located at the far southern property boundary of Lot #1 along the town easement beside Ole Jule Lane . We, the developers, wish to relocate this fire well to the 50 ft, ' space" easement between Lots R5 and 6 for the following red$onsI open 1 . The fire well 's current position would undoubtedly eventually subjectit to damage as 1t is located at the apex of a sharp turn anj could possibly be hit by a car which ventured onto the shoulder, y centr2. We feel by moving the fire well to this area it would more serve the subdivision for which it is intended as It redu,_es substantially the distance between the fire well and the farthest building lot. — 3. The prospective purchasers of both Lots #6 and 7 have indicated that naturally they would prefer to not have a fire hydrant at the end of their front lawns. 4 . By relocating the fire well to either the far northern or southern boundary of thp, 50 ft, wide "open space" easement between Lots #5 and 6, there would still be more than adequate access for emergency vehicles through the open space corridor. s V 7�— . � N.82027'20"W 13 W 2 25.00' z Q o y g7pEM SPACE„ J 0 7 850 o ACRES 3 a 1146 ) 44625 S.F. N-62' m 2720"W N m w 300.00' I _ J o 0 4 0 !2 4500p S.F o o ( 14-4) i j N.82027'2011W , 300.30' La O 5 w 45000 S.F c v - ' h m m 540 ,0 : 114 i N BLOCK 12 a se22 r E SEO-nO,Y °' 300.00 BLOCK 1022 2U• L TFiT n c. k G i E&SppO CYT ups Y j G1 cj 3�i000` - 7 N 61' 604 c `d 43 3 v - 3' S.1` (2 ) 111 g _ ® �1Os Q U o 0 at- � _o�•nr 07�u'r�r �— Rob2r# j 5 99' RON srforre Kalous j11 Ronaldoor formerly E 1 S- 6 14Lssron A ne Phone 296-8833 MATT1TUCK FIRE DISTRICTP.O_BOX 666, 1000 PIKE STREET MATTITLCK, LONG ISLAND, N.Y. 11952 - - - : �. U September 15, - 1989 . Mr. Bennett Orlowski, Chairman Southold Town Planning Board Southold, N.Y. 11971 Dear Sir: Enclosed are maps of sub-divisions proposed for the Mattituck Fire District Drotection. Listed below are the recommendations of the Mattituck Fire District Board of Fire Commissioners : _.--FRANKLINVILLE HOMES : FIREWELL ON PROPERTY LINE OF LOTS 8 AND 9 12 AND 13 ADAM ASSOCIATES : THE PROPOSED FIREWELL RECOMMENDED FOR THE SHOPPING PLAZA AT COX NECK LANE & ROUTE 48 WILL BE SUFFICIENT FOR THIS SUBDIVISION. HENRY APPE'L: FIREWELL AT SOUTH WEST CORNER OF LOT #7 JP_P•YES COHILL : FIREWELL AT NORTH WEST CORNER OF LOT =1 " AT SOUTH EAST it OF LOT #9 HE7RY RUTKOWSKI: FUFFICIENT PROTECTION IS AVAILABLE. Any question on these proposed recommendations please contact the Board of Fire Commissioners - 1298-8833. Cordially, "ti g . ect. i Dist. 1 Lr2E%19' 1 00: �3 FiO�uul7 Fli t-?9� LA!J OFFICE Fa P-GE 01- Srec3FL� �lS WILLIAM J. Xr—uENDER p5 ATTORNrY AT J-AN' „}pe MYHTI.F AY-FN1:9 O UENDAU&NN 11.1*5 a TV-1716,466-31UM .FAX 17161.4B7•BYIA - November 29., 7994 N,,thold Town Flinn�ng Board it: f�eli€ a Spro Re: Subdivision of Henry Appel located at ;jp4 ,rile Jule Lane and New Suffolk Avenue, 0 yl Mattituck, Section 114, Block 12, Lot 14 ` rEquest.ing permission to move location s Nov 3 o I9'� U of required fire well . 7 1 U Y To Whom It May Concern: The current approved plans call for a fire well to be located at the 6far southern preperty boundary of Lot k7 along the town easement beside le jule Lane. We, the developers, wish to rel=tate this fire well to the 50 ft. "open space" easement between Lots �5 and.6 for the following reasonsi 1 . The fire well 's current position would undoubtedly eventually subjectit to damage as it is located at the apex of a sharp turn and could possibly be hit by a car which ventured onto the shoulder. 2. We feel by moving the fire well to this area it would more centrally serve the subdivision for which it is intended as it reduces substantially the distance between the fire well and the farthest building lot. 3. The prospective purchasers 91 both Lots tib and 7 have Indicated that naturally they would prefer to not have a fire hydrant at the end of their front lawns . 4 . By relocating the fire well to either the far northern or southern boundary of the .50 ft, wide "open space" easement between Lots #5 and 6, there would still be more than adequate access for emergency vehicles through the open space corridor. AAA Uz� � E PHONE: 852-2000 SUFFOLK COUNTY CLERK'S OFFICE Edward P. TtomainP, . CO[IPTl'Y CLERIC .iIVF_Iil lEnli, 1!w 1,nK 11901 Town of Southold Assessor 7'.'ATown of Southold Planning Board Chief Deputy County'Treasurer 0/11 _! f , '1 l To Whorn This May Concern: S v �Jr�Jti�1f`— The Subdivision Map Of : i t "' ` •t � Was Filed , s, ' Filed Number , �. 1 � I' Ahst:ract Number , 4 a., l Township , Southold C_j l : I ` ! Very truly yours, County Clerk g�` ! k � - ; De arlm M, "� ' - n-Isr:slml s LAW OFFICES PETER S. DANOWSKI, JR. f�15 616 ROANOKE AVENUE P.0.BOX 779 RIVERHEAD. NY 11901 \ (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT E KOZAKIEWICZ January 22, 1993 i Southold Town Planning Board 53095 slain Rd. , Town Hall Southold, NY 11971 Attn: Melissa Re: Henry Appel Subdivision Dear Melissa: I am enclosing stylar and paper prints for the subdivision of henry Appel . As we have discussed in the past, we have been tied up in the Health Department but recently obtained their approval for the map. The Chairman has previously signed this map. Per our discussions, I would merely ask the Chariman to resign his name. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED A 2 2 M �{ SoLffP;CLJ T. PLANNING 91= 3 '� 3u8FrcE' r1s ,"`COUNTY OF SUFFOLK 106 ,•l ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD. M.D., M.P.H_ DIVISION OF ENVIRONMENTAL QUALITY September 28, 1992 COMMISSIONER Mr. Henry E. Appel 65-45 Myrtle Avenue Glendale, N. Y. 11385 Dear Mr. Appel: Subject: Board of Review Hearing- September 10, 1992 Proposed Subdivision of Appel#1066,Town of Southold(SCTM 1000-114-12-14) Enclosed is a copy of the Board of Review's findings,recommendations and determination concerning the subject application. Based on the information submitted, the Board granted the request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, E:""W`e-N,--, Dennis Moran, P.E. Chairmal-n Board of Review M& Enclosure cc: Mr. Walter G. Lindley 17 � ® � 1;k _ Nis. Susan D. Windesheun ''' Mr. Frank Dowling, Sr. Planner Mr. William J. Kluender MrI . Francis J. Van Manen Peter S. Danowski,Jr., Esq. Roy Dragotta, Esq. Town of Southold Planning Board ADMINISTRATION OFFICE 111 225 RABRO DRIVE EAST, HAUPPAUGE.NY 7 1 78 8-4290 ■ TEL. IS 161 853-3079 FAX IS 161 853-2929 SUFFOLK COUNTY DEPARTMENT OF HEAOIII S LRnCES DIVISION OF ENVIRONMENTAL QUAIXH' t Vie Article 2, Section 760-220, Suffolk Count'fS9nit* To: Mary E. Hibberd,M.D.,M.P.H. t [fly Commissioner From: Dennis Moran, P.E. Chairman,Board of Review Subject: Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Appel#1066,Town of Southold (SCTM 1000-114-12-14) *����a:a�x****$x��a�*�*��*����x�'x�+a•�x:x*a������*max***�*���*� Applicant: Henry E. Appel, 65-45 Myrtle Avenue, Glendale,N. Y_ 11385 Notice of Hearing: August 20, 1992 - Hearing Date: September 10, 1992 Statement of Problem A community type water system is required when a realty subdivision is located in an area where groundwaters are non-potable or potentially hazardous in accordance with the requirements of Article,6, Section 706-606 (Ld) of the Suffolk County Sanitary Code. Findings and Facts 1. Proposed development of a 15.4 acre parcel into seven cluster lots ranging in size from 42x000 to 46,000 sq. ft_ with a 7.85 acre open space parcel. 2. Site is in Groundwater Management Zone#N. 3. Public water is not available. 4. Depth to groundwater is about 17 to 21 feet. 5. Soils are sand and gravel materials 3 feet below grade. 6. Average lot size is 44,346 sq. ft. excluding the 7.85 acres of open space. Mary E. Hibberd,M.D.,M.P.H_ Page Two Subject: Report of Findings and Recommendations of the Review Board Regarding: Subdivision of Appel#1066,Town of Southold (SCTM 1000-114-12-14) 7. The subdivision map for the project was approved by the Health Department on 4/6/88 and restamped in 12/90. The applicant indicated an attempt to file the map failed due to missing the expiration date by one day. 8. The applicant was thereafter required to meet new test well standards which became effective 12/30/90. 9. Initial test well samples collected on 8/27/91 and 12/5/91 indicated nitrates exceed deplartment's criteria of 6.0 mg/l. Nitrates were 7.5-7.8 mg/l. Manganese levels were elevated and traces of xylene were detected. 11 10. Applicant exercised option to install a test well on each lot to determine the specific quality of water. Samples collected on 5/5/92 indicated that lots#3 to#7 contained levels of nitrates of.2-8.6 mg/1(10-0 mg/1 allowed)- Nitrate level for lot#1-10.8 mg/l; lot#I2-12.1 mg/l. 11. Applicant expressed a willingness to provide water treatment acceptable to the department. Det rmiination It was aj2 to 0 determination of the Board to grant the request for the variance provided the applicant covenants, in language acceptable to the County Attorney, that lots#1 and#2 of the subdivision do not meet drinking standards and further that treatment must be provided and the Itreatment equipment must be properly maintained. Date Dennis Moran, P.E., Chairman DM/Ir 5a aFr� COUNTY OF SUFFOLK z- ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE i DEPARTMENT OF HEALTH SERVICES MARY E. HIBSERD, M.D., M.P.H. COMMISSIONER August. 20, 1992 Mr. Henry E. Appel 65-45 r-yrtle Avenue Glendajle, New York 1138'5 RE: Subdivision of Appel #1066, (T) Southold (SCTM 1000-114-12-14) Dear MIIr_ Appel: Your r'-quest to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for September 10, 1992, at 11: 00 a.m. , in the Suffolk County Department of Health Servicles Conference Room, County Center, Room S-238, Riverhead. You an interested parties are requested to appear, with or withou� counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call Walter G. Lindley at 516-85 -2100 . Very truly yours, DennisMoran, P .E. Chairmen Board pf Review DM: cahl CC: Mt_ James L. Corbin Martin Trent NI�r. Walter G. Lindley M Susan D . Windesheim - M _ Frank Dowling, Sr. Planner Mr_ William J_ Kluender 11 LS L7 lFalX MSI . Francis J_ van Manen iFJ t M Peter S . Danowski, Jr. , Esq. AUG 2 4 19T Town of Southold Planning Board Mi IFIQN OF EN'r:RONM 9IINTAL OUALIrr -'- COUNTY CENTER SQiIT�..If�ee IGT' RIVERHEAD. NY. 11901-3997 nLR!iEi4C 8522100 W `ffi �\J LAW OFFICES PETER S. DANOWSKI, JR. 3 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEA.D, NY 11901 (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT A.KOZAKIEWICZ March 16, 1992 S014th0ld Town Planning Board 53995 Main Road Southold, New York 11971 Rei Henry Appel Dear Sir or Madam: Per my conversation with Melissa last week, and in earlier conversations several months ago, I enclose the following letter addressed to the Planning Board. Very truly yours , II j� PETER S. DANOWSKI, JR. PSD:gsg Encl. ; n 4 " C�1S : 34€ 121 E LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD. NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F,KOZAKIEWICZ March 16, 1992 Southold Town Planning Board 53095 Main Road Southold, New York 11971 Attn: Bennett Orlowski_. Chairman, and Members of the Board Re,., Henry Appel Dear Sir or Madam: As you know, your Board finally approved the subdivision of �enry Appeal on Ole Jule Lane in Mattituck. This seven lot subdivision was approved by the Suffolk County Health Department ansigned by the Planning Board Chairman. The map was then delivered to the title company for map certification and filing with the County Clerk. Unfortunately, the map was not filed timely and we are nowiigoing through the process with the Suffolk County Health Department to gain a re-approval of the map. This has taken an inordinate amount of time, but we are hopeful of having the map re-''stamped for approval and subsequent re-signature of the Planning Board Chairman. Therefore, please keep this file active, inasmuch as there is every intention to file this map. Very truly yours, PETER S . DANOWSKI, JR. PSDI:gsg cc : Henry Appel PLANNING BOARD MEMBERS as a r� 3 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman td 0 "�, n.. Supervisor Georee RitchielLatham, Jr. Richard G1 Town Hall, 53095 Main Road . Ward Mark S. McDonald � l P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (5 16) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Certified Mail: December 6 , 1991 Henry Appel William J. Klunder Francis J. Van Manen P.OI Box 1199 Southold, New York 11971 Re: Performance Bond # SU 1430996 Dear Messeurs Appel, Lunder and Van Manen: The Town of Southold is in possession of Performance Bond No. SU 1430996 from the Utica Mutual Insurance Company for a residential subdivision known as Henry Appel Subdivision located in Mattituck, New York, a copy of which is enclosed herewith. The purpose of this letter is to confirm our understanding that this Performance Bond, which was effective November 29, 1990, and was accepted by the Town Board on January 22, 1991, has been extended automatically through November 29, 1992. If such is not the case, please notify this office in writing by noon of January 8, 1991. If you have any concerns or questions, please do not hesitate to contact Valerie Scopaa, Town Planner at 765-1938 . Sincerely, Bennett Orlowski, Jr. Chairman cc: Judith T. Terry, Town Clerk Matthew Kiernan, Assistant Town Attorney �''>•'t�F�7n0'��aa�:•�pr�u� s �--�+ �r�nc—��7�—:�iiOil�{ D l+Y+t UTICA MUTUAL INSURANCE COMPANY -0 Utica,New York m l� r PERFORMANCE BOND = Bond No. SU 1430996 KNOW ALL MEN BY THESE PRESENTS, That we m Henry Appel, 1Villiam J. Flunder, Francis J. Vanbfanen o (hereinafter called Principal"), 3 as Principal, and UTICA MUTUAL INSURANCE COMPANY,a New York Corporation,with principal office w at Utica,New York, and authorized to transact business in the State of New York (hereinafter called"Surety"),as Surety,are held and firmly bound unto Toti%T- of Southold, I Suffolk County, New York (hereinafter,called"Obligee"),in the penal sum of Fifty Eight Thousand, Seven Hundred Fifty and 00/100--J DOLLARS, good and lawful money of the United States of America,for the payment of which,well and truly to be made,we bind ourselves,our heirs,administrators, executors,successors and assigns,jointly and severally,firmly by these S presents. '11Y11F SEALED with our seals and dated this 29th day of November A.D. 1990 WHEREAS,the above bounden Principal has entered into a certain written contract with rhe above named Obligee, dated the 31st day of October 19 89 covering Subdivision #1000-114-12-14 at Southeast corner of New Suffolk Avenue and Ole Jule Lane in nIattituck which contract is herebyreferred to and made a art hereof as full and to the same extent as if copied at length P Y P g . X herein. j� NOW, TBEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That if the above Y bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of any one other than tbe,Obligee named herein;and the obligation of the Surety is and shall be construed strictly, as ryl of suretyship only. Henry Appel, William J.nKlunderFrancis J: 4ara:l�rien UTICA IU AL INS 9NCE'COMPAA Y n,_..By:--- - - -- ----- ArcorneY-in-Fact Carol M. Kornmeyer �5 tonees�tre�es�+aor+ets��otEo++ottoas�,e�t�J B-a-706 Ed.9-69 UTICA' MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORKNO 297 POWER OF ATTORNEY Know all men by these Presents. the UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, having its principal office In the Town of New Hartford, County of Oneida. State of New!,York, does hereby make, constitute and appoint Carol M. Korntneyer Utica, New York its true and lawful Attorneys)-in-fact In their separate capacity if more than one is named above to make. execute, sign,ii seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one band or undertaking exceeds UNLDIITED-----------------------Dollars IS --UNLIbfITED--,i The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY asll'Ifully and to all intents and purposes as if the same had been duly executed and acknowledged by } its regularly elected officers at its Home Office in New Hartford, New York. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. "Resorved Thal the President or any vice-Presidem, in conjunction with the Secretary or any assistant Secretary be are iney are neraDy authorized aria empowered to apeo,91 Attorneys-in-rant at Ine Company. In its name and ds a dUs hr ceecute and dcxnomeog2 for and on is uenalr as Surety any aril` at novas. recogmzances. contracts of,ndemnny and all other writings obligatory in me nature thereof with power to attach therein the seat of The Company Any such writings so executed oy sucn Attorneys-in-ract shall be as binding upon me Company as it may had been duly acknowledges by the regularly ejected Officers of the Company in their own proper persons "Now, There/ore. the signatures at such officers and the seal or the company may be affixed to any sucn Power or Attorney by a racsimile. and any sucn Power at Alibi bearing such racsimile signatures or seal shall ber valid and binning upon me Company. In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized Officers, this ?nth day of Nni,enhPr . 19 nt92 . �I UTICA MUTUAL INSURANCE COMPANY ,~su4,1r% G� GV K�aLrLws4 Secretary 1914 n Pre=sident STATE OF NEW YORK l COUNTY OF ONEIDA On this 20th day of November 19 89 , before me, a Notary Public In and for the State of New York, personally came WALLACE H. WATKINS and JOHN P- SULLIVAN to me known. who acknowledged execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary !respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal Is affixed and their) signatures subscribed to said instrument by authority and order of the Board of Directors of said Corporation. In Testimon Whereof, I have hereunto set my hand a[ New Hartford, New York, th day and year first above written. r� 7 1914 rL J. : '_ - Pmtary rum¢ STATE OF NEVA YORK l 4 f c COUNTY OF ONEIDA ss` n John D. Yonkers Assistant Secretary of the UTICA MUTUA'_ INSURANCE COMPANY do hereby certify that the foregoing Is a true and correct copy or e Power of Attorney. executed by said UTICA MUTUAL INSURANCE COMPANY, which Is still in full force and effect. In Witness WlLreo(, I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford. New York, this 27th day of November 19 90 asssant 5..�r! 8 6-2 REV En -119 - UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1989 From Annual Report Filed with New York Insurance Department ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranteed Bonds S 267,250,696 Reserve for All Losses . . . . . . . . . . . . . . . S 552,328,458 All Other Bonds . .. . . . . . . . . . . . . . . . . . . . . . . 632,618,576 Unearned Premiums . . . . . _ . . . . . . . . . . . 187,271,411 Stocks . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 31,596,286 Reserve for Claim Expense . . . . . . . . . . . 117,019,405 Mortgages . . . . . : . . . . . . . . . . . . . . . . . . . . . . -0- Dividends . . . . . . . . . . . . . . . . . . . . . . . . . 6,830,540 Cash . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 8,512,217 Taxes Accrued . . . . . . . . . . . . . . . . . . . . . 7,349,323 Equities & Depositsin Pools and Associations . . 18,630.625 Federal Income Tax . . . . . . . . . . . . . . . . . 784,801 Premiums in Coli of Collection . . . . . . . . . . . 44,211,201 Miscellaneous Accounts Payable . . . . _ . . 59 089,405 Interest Due and Accrued . . . . . . . . . . . . . . . . . . 20,684,614 Other Admitted Assets . . . . . . . . . . . . . . . . . . . . 77,691,104 Total Liabilities . . _ . . . . . . . . . . . S 930.673.353 Total Admitted Assets . . . . . . . . S1,101,195,319 Surplus Funds: Dividend Reserve . . . . . . . . . . . . . . S 1,101,027 General Voluntary Reserve . . . . . . . 1,500,000 Special Contingent Surplus . . . . . . . 1,700,000 Divisible Surplus . . . . . . . . . . . . . . . 166,220.939 Surplus as regards Policyholders . . . . . . . . . . . 170,521.966 Total . . . . . . . . . . . . . . . . . . . . . . . . S 1.101,195.319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that fi'b is the above described officer of said Corp;,:ation, and that an the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at thele Lose of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the tie '<1X'yX6L zc _L( 'Q�L42,' (fU�XT7GgF�flrca President ROSEMARY WADAS Nalery Pu]lic In the State dl New YarY Attest ` rte APPpinted in Oneida County (�^ MY Cprllrtilr alon Eapl me April 3a.19..E Secretary 8-13-50 Ed. 2-90 'II Ll G'{� , UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK GENERAL AGREEMENT OF INDEMNITY This Agreement entered into by and between the undersigned, herein called the Indemnitors, and the Utica Mutual Insurance Company of New Hartford,New York,herein called the Company,witnesseth: WHEREAS, in the transaction of business certain bonds, undertakings and other writings obligatory in the nature of a bond have heretofore been, and may hereafter be,required by, for, or on behalf of the Indemnitors or any one or more of the parties included in the designation Indemnitors, and application has been made and will hereafter be made to the Company to execute such bonds, and as a prerequisite to the execution of such bond or bonds, the Company requires complete indemnification. NOW, THEREFORE, in consideration of the premises,and the payment by the Company of the sum of One($1.00)Dollar to each of the Indemnitiurs, receipt whereof is hereby acknowledged, and for other good and valuable considerations, the Indemnitors do, for themselves, their heirs,executors,administrators and assigns,jointly and severally,agree with the Company as follows: 1. The Indemniiors will pay to the Company, at its Home Office in the Town of New Hartford,New York, premiums and charges at the rates, and)at the times specified in respect to each such bond in the Company-s schedule of rates, which, with any additions or amendments 4hereto, is by reference made a part hereof, and will continue to pay the same where such premium or charge is annual, until thc�l Company shall be discharged and released from any and all liability and responsibility upon and from each such bond or matter l arising therefrom, and until the Indemnitors shall deliver to the Company at its Home Office in New Hartford, New York,competent written evidence satisfactory to the Company of its discharge from all liability on such bond or bands. 2. The Indemnitors will indemnify and save the Company harmless from and against every claim, demand. liability, cost,charge, suit,judgment and expense which the Company may pay or incur in consequence of having executed, or procured the execution of, such bonds,or any renewals or continuations thereof or substitutes therefor,including fees of attorneys, whether on salary,retainer or otherwise, and the expense of procuring, or attempting to procure, release from liability, or in bringing suit to enforce the obligation of any of the Indemnitors under this Agreement. In the event of payments by the Company, the Indemnitors agree to accept the voucher or other evidence of such payments as prima facie evidence of the propriety thereof, and of the Indemnitors' liability therefor to the Company. 3. If the Company shall set up a reserve to cover any claim, suit or judgment under any such bond, the Indemnitors will, immediately upon demand, deposit with the Company a sum of money equal to such reserve, such sum to be held by the Company as collateral security on such bond, and such sum and any other money or property which shall have been, or shall hereafter be, plzdgzd as collat11 eral security on any such bond shall, unless otherwise agreed in writing by the Company, be available, in the discretion of the Company,as collateral security on any other or all bonds coming within the scope of this Agreement- 4. The Indemnitors immediately upon becoming aware of any demand,notice, or proceeding preliminary to determining or fixing any liability with,)which the Company may be subsequently charged under any such bond, shall notify the Company thereof in writing at its Home Office in the Town of New Hartford,New York. i. The Company)shall have the exclusive right to determine for itself and the Indemnitors whether any claim or suit brought against the Company or the Principal upon any such bond shall be settled or defended and its decision shall be binding and conclusive upon tl'1le Indemnitors. 6. The Company, and its designated agents, shall, at any and all reasonable times,have free access to the books and records of the Indemnitor. _ 8-B-35 Ed.4-75 7. If such bond be given in connection &_"a contract, the Company is hereby authorizet{°'but not required, to consent to any change in the contract or in the plans or specifications relating thereto;to make or guarantee advances or loans for the purpose of the contract without necessity of seeing to the application thereof, it being understood that the amount of all such advances or loans, unless repaid with legal interest by the Contractor to the Company when due, shall be conclusively presumed to be a loss hereunder; in the event the Indemnitors, or any of them, shall fail to pay any premium charge when due; or abandon, forfeit or breach such contract; or breach any bond given in connection therewith;or fail,neglect or refuse to pay for any labor or materials used in the prosecution of such contract; or have proceedings instituted against them, or any of them, alleging that they are insolvent, or for the appointment of a receiver or trustee for the benefit of creditors,whether such Indemnitor(s) are insolvent or not; or have proceedings instituted against them, or any of them, the effect of which may be to deprive any of them of the use of any part of the equipment used in connection with the work under the contract so as to hinder,delay or impede the normal and satisfactory progress of the work, the Company shall have the right, but not the obligation, to take possession of the work under the contract and under any other contract in connection with which the Company has given its bond or bonds within the purview j of this GeneralilAgreement of Indemnity and, at the expense of the Indemnitors, to complete the contract(s), or cause,or consent, to the completion thereof.The Indemnitors hereby assign, transfer, and set over to the Company(to be effective as of the date of such bond or bonds, but only in the event of a default as aforesaid), all of their rights under the contract(s),including their right, title and interest in and to all subcontracts let in connection therewith;all machinery,plant,equipment, tools and materials which shall be upon Ithe site of the work or elsewhere for the purposes of the contract(s), including all materials ordered for the contract(s), anNI, and all sums due under the contract(s) at the time of such default, or which may thereafter become due,and the Indemnitors hereby authorize the Company to endorse in the name of the payee, and to receive and collect any check, draft, warrant or other instrument made or issued in payment of any such sum,and to disburse the proceeds thereof. S. That it shalllI not be necessary for the Company to,give the Indemnitors,or any one or more of them,notice of the execution of any such bondsd nor of any fact or information coming to the notice or knowledge of the Company affecting its rights or liabilities, or the rights orIiabilities of the Indemnitors under any such bond executed by it,notice of all such being hereby expressly waived_ 9. In the event;of any claim or demand being made by the Company against the Indemnitors, or any one or more of the parties so designated, by reason of the execution of a bond or bonds, the Company is hereby expressly authorized to settle with any one or more of the Indemnitors• individually, and without reference to the others,and such settlement or composition shall not affect the liability of any of the others, and we hereby expressly waive the right to be discharged and released by reason of the release of one or more of the joint debtors,and hereby consent to any settlement or composition that may hereafter be made. 10. The Company is not required,by reason of any applications for a bond or by reason of having issued a previous bond or bonds or otherwise, to�execute or procure the execution of or participate in the execution of any such bond or bonds and the Company, at its option, rn 'y decline to execute or to participate in or procure the execution of any such bond without impairing the validity of this General Agreement of Indemnity. 11. If the Company procures the execution of such bonds by other companies,or executes such bonds with cosureties,or reinsures any portions of such bonds with reinsuring companies, then all the terms and conditions of this Agreement shall apply and operate for the benefit ofI`such other companies,cosureties and reinsurers as their interest may appear. 12. The liabilitylof the Indemnitors hereunder shall not be affected by the failure of the principal to sign any such bond,nor by any claim that other indemnity or security was to have been obtained, nor by the release of any indemnity, or the return or exchange of any collateral that may have been obtained and if any party signing this Agreement is not bound for any reason,this Agreement shall still be binding upon each and every other party. 13. These covenants herein and also all collateral security, if any, at any time deposited with the Company conceming the said bond or bonds and any other former or subsequent bonds executed for the Indemnitors at their instance shall, at the option of the Company, be available in its behalf and for its benefit as well contenting any bond or undertaking applied for,and also concerning all other fanner or subsequent bonds and undertakings,executed for the Indemnitor or for others at their request. 14. This Agreement may be terminated by`-mu Indemnitors, or any one or more of the parlhreso designated, upon written notice sent by registered mail to the Home Office of the Company, P.O. Box 530, Utica,New York 13503, of not less than twenty(20) days, but any such notice of termination shall not operate to modify,bar or discharge the liability of any party hereto,upon or by reason of any and all such obligations that may be then in force. 15. Indemnitors agree that their liability shall be construed as the liability of a compensated Surety,as broadly as the liability of the Company islconstrued toward its obligee. lo. THE INDEMNITORS HEREBY ACKNOWLEDGE THAT THIS AGREEMENT IS INTENDED TO COVER WHATEVER BONDS, WHETHER OR NOT COVERED BY ANY APPLICATION SIGNED BY ANY ONE OR MORE OF THE INDEMNITORS WHICH MAY BE EXECUTED BY THE COMPANY ON BEHALF OF THE INDEMNITORS, OR ANY ONE OF THEM, FROM TIME TO TIME, AND OVER AN INDEFINITE PERIOD OF YEARS UNTIL THIS AGREEMENT SHALL BE CANCELLED IN ACCORDANCE WITH THE TERMS HEREOF. I r I IT This General Agreement of Indemnity applies to bonds,undertakings and other writings obligatory in nature of a bond written by Utica Mutuall['nsurance Company of New Hartford,New York on behalf of Henry Appel, William J. Klunder, Francis J. VanManen 18- IN TESTIMONY WHEREOF,the Indemnitors have hereunto set their hands and affixed their seals this day of Nobember 29, 19 90 "Winess 'I `) Henry= Appelp- Street or P. O: Box City State Str/ et or P. O- Box City State S.) -W45 s5 William J. flunder - Individual 1 Street•or P. O'�,Bf 1; City State Sjtreet or P. O. Box City State .l%Wj �iJ`. '-- 1 1 � �. """^^--s_ (L.S.) Witness Francis AiDfanen - Individual `J Street or P- O. Box City State Street or P. O. Box City State (L-S.) Witness Street or P. O- Box City State Street or P. O- Box City Statc ---(L.S.) Witness Street or P. O- Box City State Street or P. O. Box City State FORMS OF ACKNOWLEDGMENT WILL BE FOUND ON THE REVERSE SIDE. STATE OF_...I........... ......................./1.4 ss: COUNTYOF.................Q ................................................................ J ...................................day of...... ............. On this........................ ......... .......... .................................19 before me personally came He der .....Fran s .-J....yan ........................................................ _��p ..................I................................. ... ..... ....�ja.nc.n.................................. ..... ......lm.. pe�.l 1111-liam J. Taun ............ ..................... .5............_........................................................................................................................................................................................................................................ -to me known, and known to me to be the individualjwho executed the f going nst ;kit and acknowledged that Fre executed the ame. i-...... ............. ...................................................... ............................. 'MM Publico Statl of Now (ark I 7539M0 Q,.ihg STATEOF--..-j i............... .................................................................................. .. Tom FxpJms COUNTY OF,.._.._....... 17�................................................................................. n On this....._........._----...___......._... ................................_...day of................................................................................-----19............ before me personally came a -....._....._._._......._.._1........_ ...............................................I.................................................................................................................................................................. ..................................................................................................................................................................................................................................................................................................... to me known, and known to me to be one of the firm of............................................................................................................................................................... Aga ................................. .......................................................................................................... .......I.................................................................................. and acknowledged that he executed the foregoing instrument as the act of the said firm. ....................................................................................................................................................... STATE OF....7...............................I........................................................ . ss COUNTY OF. .................... ....... ... ... I On this ..............._....._.......day of......................................................................................19........... before me personally came ......................................................................................................................................................................................................................................................................................... n ............................_._..... I ........ ........................ ................................................................................................................................................................................................................................................................ o. to rue known, who, being by me duly sworn, did depose and say that he resides in....................................................................................... ...................................... .................................................................................................................................................................................................................................................. that he is the '1..........---......-----..__._........._............_...................................................................................................................of the_........................._.._.......... .._......_. .....................................I..........................................................................................................................................I.................................................... ..........the corporation which executed I he foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is su corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he signed his e to the said instrument by like order_ ........................................................................................................... .................................. 7P PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski' Jr., Chairman Supervisor George RitchiLatham. Jr. fi _ Richard G. Ward =� ' _ 3' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L.:Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TO`JVN OF SOUTHOLD Fax (516) 765-1823 1 May 3 , 1991 Robert Kozakiewicz 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision of Henry Appel SCTM#k1000-114-12-14 Dear Mr. Kozakiewicz : enclosed please find a copy of the subdivision map dated October 16, 1989 and the final road and drainage plan dated Augus''t 11, 1987 which were endorsed by the Chairman on April 29, 1991 ., As required in the conditional approval, the draft dedication papers for all areas to be dedicated to the Town have been hhrrreviewed by the Town Attorney. Please submit a final copy of these dedication papers . The dedication papers will be kept on file until such time that the Town wishes to accept these offerof dedication. ) Please notify the Planning Board when the fire well has been installed and accepted by the Mattituck Fire District. No build�ng permits will be issued until then. s per Section A106-25 (C) of the Town Code, the Planning BoarOust 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. � ad F f `+xr' Page 2 Henry Appel Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. rs;� Chairman Encl. cc: Victor Lessard, Principal Building Inspector Robert Scott, Assessors Office James Richter, Road Inspector ff• +; LAW OFFICES � � f PETER S. DANOWSKI, .JR. - - 616 ROANOKE AVENUE P.O.BOX BOX 7 79 RIVERHEAD,NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD ROBERT FJKOZAKIEWICZ of couNseL April 10, 1991 Southold Town Planning Board Town Hall 53095IMain Road Southold, New York 11971 Attention: Melissa Spiro RE: ;.Kap of Henry Appel Dear Melissa: In accordance with the request of the Planning Board, please find enclosed conformed copy of Declaration of Covenants and Restrictions relating to homeowners association that have beenlsigned by the developers and which were recorded at the County Clerk' s Office on April 9, 1991, at Liber 11244, page 492. The proposed offers of dedication have likewise been signed ; however, I will hold them until further instruction regarding final dedication. Upon receipt, please contact me to ,advise when we can pick up maps which have been signed by the Planning Board Chairman. Vev truly yours, 1 ROBERT F. KOZAKIEWICZ RFK) Enc losure ^€ 5 = = f i D . i lei DECLARATION AND COVENANT THIS DECLARATION made the V day of , 1989 by HENRY E . APPEL , residing at 59-53 70th Street, Maspeth, New York and, WILLIAM J.RLUENDER residing at 64-06 Myrtle Avenue, Glendale, New York and, FRANCIS J. VAN MANEN residing at 581 onlderdonk Avenue, Ridgewood, New York Declarants . WHEREAS, Declarants are the owners of certain real 1 pr,olperty situate in the Town of Southold, Suffolk County, New I York, more particularly bounded and described as set forth as set foil th i4 -Schedule A annexed hereto as provided by the Declarants , and WHEREAS, for and in consideration of Preliminary Map '. l 00 D Approval by the Southold Town Planning Board for the major subdivision of Henry Appel located at New Suffolk Avenue and Ole Jule Lane, Mattituck, for 7 lots on 15 . 3 acres in the cluster '�2p6 concept, and as a condition of said approval by resolution dated • yy. ` �/j�Feruary 26 , 1987 , said Planning Board has required that the . y i00R1' 1' within Declaration be recorded in the Suffolk County Clerk's L/ Office, and WHEREAS, Declarants have considered the foregoing and determined that same will be i; the best interest of the Del'llarants and subsequent owners of said parcel , NOW, TUEREFORE, THESE DECL7,RANTS WITNESSETH: That Declarants , for the purpose of carrying out the intentions above expressed do hereby make known, ad,nit, publish, 111S1P6445 -2- covenant acid agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs , executors , legal representatives, distributees , successors, and assigns, to wit: 1 . 11 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 ' i1 Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3 . II There shall not be any vehicular ingress and egress on New Suffolk Avenue for Lot 1 . Said restriction shall be noted on the map to be filed in the County Clerk's Office. 4 . 1 No driveway or entrance road on Old Jule Lane shall be located within fifty ( 50) feet of the southerly end of the short radius curve, connecting the easterly side of the right-of-way of Old Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue. 5 . I This subdivision is located within one mile of Mattituck Air Base and, therefore, may be subject to noise emanating from the facility and from aircraft flying overhead or nearby. 6 . II All residential structures are to be constructed using ma�erials and techniques that will reduce interior noise levels resulting from aircraft noise in accordance with the recommendations of the Department of Housing and Urban De 'elopment or any other authority that has promulgated st ndards for reduction of interior noise levels . 7 . To insure that the "open space area" shown on the map remains as pen space, and is excluded from future development, the following requirements are to be imposed: a. A homeowners ' association shall be formed, to manage the "Open Space Area" . b. Assessment of the "Open Space Area" shall be based upo� this area being an open space and/or recreational area . Such an area should be given a "zero" assessment and the assessment records prepared both for the "Open Space Area" and all the affected properties within the subdivision show that the valjue of the "Open Space Area" is "reflected" on the tax rolls by addling the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. C. The "Open Space Area" shall not be subdivided in the future or used for commercial use . d. The homeowners ' association shall not use the "Open Spare Area,, as collateral for improvements within the sub ivision. 11181PE446 -3- �+ e. The homeowners ' association shall meet all requirements and regulations of the State Attorney General 's Office (Referring to 13 N.Y.C.R.R. Parts 20, 21, and 22 , issued by ',the New York State Department of Law) . f . These requirements are necessary to protect the taxpayers of the Town of Southold as well as 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 Area" and the County from having to put this area up fozlsale at an auction of tax delinquent parcels with the STATE OF NEW YORK f ss.: County of Suffolk I, (EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court ofthe State _ of New York in and for said County(said Court being aCouQofRecord)DOHEREBY CERTIFY that I-hi ao ache Yannexed copy of SP rn 'i `/,11 and that it is a just and true copy of such original �,� ,{, and of the whole thereof. II i IN TESTIMONY WHEREOF,I have hereunto set my hand and affixedthe seal of said County j and Cour[this 3 U day of At--d- �� e . � is re ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /..'i LL Clerk. IForml,No. 104 12-109..12/89. STATE OF NEW YORK COUNTY OF Q4'rkJS' ss . : •,a3 ;: On this) i; day of M-4 � 19B9 , ''beforE me personally came HENRY E. APPEL owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by,lithis declaration; that he did read the above declaration and covenant and understands its contents; _ that he did swear to me that he executed the same . . y OTARY PUBLIC FREDERICK T. HALLER, JR. NOTARY PUBLIC, STATE OF N.Y. No. 41-623/1325 - QUEENS CO. COMM. EAPIkiSJ*AVCl_3 >___ k„1•{ ,3 STATE OF NEW YORK COUNTY OF aE7,�7EAJS' ss . : On this Vii day of MA y , 1989 , before me personally came WILLIAM J,KIUE NDER owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by 'Ithis declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he executed the same . -l�c�CLCZC�.ci'�C',h cf�F'E - ,f ,/NOTARY PUBLIC FREDLRICK T. HALLER, 1R. NOTARY PUBLIC. STATE OF N.Y. f\u_ it u]JCJ!] QUL[NS CO. COMM. ERPLRLS MAIL`* _N`-_ I J .' U Ly air 1 STATE OF NEW YORK COUNTY OF CruE-TE%S ss . : On this 3%1 day of 1MNY , 1989 , before me peZrnally came FRANCIS J. VAN MANEN oweof certain real property located on New Suffolk Avenue and OldIJule Lane, Mattituck, New York, the subject property covered bylthis declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me thZ he executed the same. / / � a L1Z NOTARY PUBLIC / FREDERICK T. HALLER. !R• NOf.AFY PUBLIC, STATE OE N.Y. N.. a,71d325 . QIIEEIIS CO. COMM. E%PI9E5/ � .a. s 11181P�44� z a u r O O O 0 0 � W LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.0. BOX 779 RIVERHEAD. NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT FTWICZ March 6 , 1991 Southpld Town Planning Board Town Elall 53095 Main Road South Id, New York 11971 Atten ion: Melissa Spiro RE: tap of Henry Appel Dear Melissa: er your request, enclosed please find six copies of "Map of Henry Appel" captioned Final Road & Drainage Plan dated August 11, 1987. Ver-y—truly yours, I- ROBERT F. KOZAKIEWICZ RFR/stl Enclosures 5 LAW OFFICES7 '✓irs,c�'�� PETER S_ DANOWSKI, JR. f-13 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 -- - PETER S.DNOWSKI.JR. FAX(516)727-7451 MICHAEL T.CLIFFORD ��`""" OF COUNSEL ROBERT F.I OZAKIEWICZ February 1, 1991 Town f Southold Town all, 53095 Main Road South ld, NY 11971 Att: Melissa Spiro Re : Town of Southold Matters Dear Melissa: I will attend Monday evening ' s meeting. I am enclosing with this short note a very brief status report on the following subd4isions awaiting action by your Board: Henry ,Appel Mr. Blachly James ''Cohi11 Macari at Laurel Field$ at Mattituck The N rth Forty Very truly yours/-I '� f l r ; METER S. DANOWSKI, JR. PSD Enclosure BY HAIND �'_' i �': HENRY APPEL Delivered draft documentation pursuant to final resolution of approval awaiting Town Attorney ' s approval of draft documentation and ultimately Planning Board Chairman' s signature, who must sign befor ! March 6, 1991 . I LAW OFFICES(' PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.0. BOK 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S.D NOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD ROBERT F-kOZAKIEW ICZ OF COUNSEL January 31, 1991 Town f Southold Planning Department 53095 Main Road P . O. Box 1179 Southold , New York 11971 Attention: Melissa Spiro RE: p of Henry Appel #1000-114-12-14 Dear Melissa: Please find enclosed draft Declaration of Covenants and RestrIictions , and two copies of Deeds forwarded for purposes of dediIation to the Town of Southold . Same are forwarded pursuant to telephone conversation with Mathhew Kiernan on January 30, 1991. Ver truly yours, ROBERT F. KOZAKIEWICZ RFK/Ad Enclosures 3 r !Oon I .yyJ wd DECLARATION OF COVENANTS AND RESTRICTIONS " - � DECLARATION made this , day of 1991" by HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale, New YOrk, WILLLIAM J . RLUENDER, residing at 64-06 Myrtle Avenue, Glendale, New York, and FRANCIS J. VAN MAVEN, residing at 581 Ondendonk Avenue, Ridgewood, New York, hereinafter referred to as "Declarants" . W I T N E S S E T H WHEREAS, Declarants are the owners in fee simple of a certo(in parcel of land situate at Mat ituck Town of Southold, Country of Suffolk and State of New York, containing 15 .3573 acreslrand designated on the Suffolk County Tax Map as District 1000,1 Section 114, Block 12 Lot 14 ; being the same premises conveyed to Declarant by deed dated July 20, 1970, recorded in the Suffolk County Clerk' s Office on January 16 , 1973 , in Liber 7325, page 23, and referred to herein as the "premises" . WHEREAS, the Declarants intend to subdivide said premises for rl'Isidential purposes and desires to subject said premises to certain reservations , restrictions, conditions , covenants and agreements. NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to conditions, covenants and restrictions hereinafter set forth , and that every purchaser of said (premises or any portion thereof, by the acceptance- of a deed there o, covenants and agrees that the premises so purchased �. rT shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement( s ) or amended Declaration shall, unless the context othe'r'wise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II) , together with the appurtenances thereto, any and all improvements thereon, or any portion thereof, as well as to any of the Lots contained therein. (b) "Lot" shall mean and refer to any and each of the pieces of parcels of land numbered 1 through 7, inclusive, as shownl on the Subdivision Map referred to in Article II hereof, and particular Lots shall be identified herein according to the respe�rtive nLunbers appearing on such Subdivision Map. (c) "Developers" shall mean and refer to Henry E.Appel, Willi lam J . Kluender and Francis J . Van Manen, their successors and 1'ssigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot , including the Developer with respecf to an unsold Lot. Every record owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by 11 the entirety. Where such record ownership of any Lot is jointiy, in common, or tenancy by the entirety, the majority vote of su11h owners shall be necessary to cast any vote to which such Lot 0V7ner is entitled. Any one Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purpises of any approval, voting or majority requirements herein. (e) As used herein, "Homeowners Association" shall refer to an association, corporation, organization or other voluntary or iLoluntary grouping of Lot Owners which may be formed by one or more Lot Owners, including the Developer, subsequent to the date 11 hereof, and which provides for the administration of any and all other Lot Owners upon such reasonable terms and conditions as may be established for membership by the Lot Owner or Lot Owners who form or establish such Homeowners Association. All decisions of any such Association shall be made by at least a majority of OwneI7Members in good standing. The purpose of such Association shallllbe the preservation of community appearance, standards and valuells, the enforcement of these Covenants and Restrictions, and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Lot Owners. In the event that two or more such Homeowners Associations should exist at thli� same time, then the Association with the greatest number of owner-Members shall be entitled to the powers and dutielllspecified herein. (f ) "Cutoff Date" shall mean and refer to the earlier of (1 ) four years after the Developers have conveyed away all its fee simple title to the Property, or (2 ) at such earlier time as the Divelopers transfer all their rights , duties , privileges, obligations and powers hereunder to the Homeowners Association, which Itransfer shall be evidenced by a writing filed in the same offic4 as this Declaration. 9 r (g) "Open Space" shall mean the 7 . 8504 acres as shown on the 'subdivision map, dated October 16, 1989. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situnte, lying and being at Mattituck, in the Town of Southold , County of Suffolk and State of New York, being lots numbered 1 through 7, inclusive, designated on a certain map entitled "Map of Hllenry Appel" , prepared by Young and Young, surveyors, heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk Counllty Clerk' s Office. ARTICLE III - USE OF PROPERTY (a) No lot shall be improved or have placed or maintained therllon any structure other than a single family dwelling, not to exce 'lid two stories in height. No dwelling shall be created having less than 1 , 600 square feet of interior living area. A two story dwelling shall cont in a first floor area of not less than 1000 square feet exclusive of detached garage , open breezeways , patios , terraces or sement. Each dwelling shall have a full basement made of concrl, to block or poured cement walls . Each dwelling shall be side with natural materials only, no vinyl, asbestos or synthetic sidings will be permitted. Each dwelling shall have a garage, eithlr attached or detached for not more than three automobiles with n asphalt or bluestone driveway extending therefrom to the i streilet payment line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) 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 Declarants. There shall be no alteration to the exterior of any (dwelling or structure except in accordance with the plans and splI ec 'lill fications which have received the prior written approval of the Declarants or their 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 Declarants or their successors or assil�ns . Two copies of proposed plans and specifications shall be submitted to the Declarants, their successors or assigns, one of which , when approved, shall be returned to the owner with such apprlval when thereon. If the Declarants, their successors or assigns , shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and rl6ceived, the plans and specifications shall be deemed appro ed. (d) 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 p operty . Specifically exempt from this restriction, however, are the practice of medicine, dentistry, law and I architecture, providing the profession does not exceed the licelsed practitioner and one assistant . No obnoxious or offe'Fsive activities shall be carried on upon any lot, nor shall anytiing be done on a lot which may become an annoyance or nuisance to the neighboring properties. (e) No signs other than one identifying the owner 's name and pumber of the house or professional sign shall be erected an the premises . Permissible signs shall not exceed 10 inches by 0 inchlls, comprised of a white field with black letters or a black field) with gold letters . Thus restriction shall not prohibit the Declarants, their successors or assigns, from using said premises or an part thereof for the sale of real estate , including the rightlJl to place subdivision advertising signs or model home signs on the premises. i j (f ) All debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or stplrage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premilpes. The grounds of each lot shall at all times be reasonably well maintained. (g) All exterior construction, including roof, exterior wallsi, painting, windows , door and landscaping shall be completed withione (1) year from the date construction commences. (h) No commercial vehicles , recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat ptored on the premises is to be stored along the rear line of the plot, if not garaged. (i ) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be cons}dered to have its front yard facing the subdivision road. ( j ) No more than two domestic pets shall be maintained on the 1premises by any lot owner. (k) Exterior clothes lines shall not be installed on any lot. (1 ) No title in and to the bed of the road is to be conveyed to the lot purchasers . The Declarants retain the said titl� and the right to dedicate and convey the said title to the Townlof Southold. However , the land in the bed of the streets shownIon said map shall be subject to easements to provide for the ilnstallation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners , whether installed on the surface of , or above or beloc�i the ground. (m) No nuisance of any kind, including excessively barking dogs or any use or practice which is a source of II annogance to residents and which interferes with the peaceful posselSsion and proper use of the premises by its residents shall be permitted. (n) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swi 11 ng pool does not extend beyond six inches above the finished grade. (o ) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot unless its location, screening, construction, height and aesthetics are approved by Developer or, after the cutoff date, by the Homeowners Association. (p) In order to preserve its scenic and natural beauty, no Towner or member of his family or his agent or assigns or other person shall remove , cause to be removed or -allow to be removed, without the Developer' s permission (or that of the Homeowners Association, if after the Cutoff Date) , from any part of the Property not designated as required building area, any tree which has 'ia diameter of four inches or greater (measured twelve inches above natural grade) to the end that all large trees not located wiO I in required building areas of the various lots remain intact thro'oghout the Property. In addition to the foregoing, any all landscaping to the Property shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE IV - OPEN SPACE It is the intention of the Declarants that the premises are to be subdivided and developed as a cluster type development in odder to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources . To effectuate such purposes , the following conditions, covenants and restrictions are hereby imposed on that portion of the premises designated as open space on the subdi_��sion map, to wit: (a) No structures shall be erected or placed in or on any open (space, (b) No sand, gravel, top soil or other material shall be remodled from any open space nor shall any such materials be deposited thereon. (c ) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees , or such other removal of vegetation as may be required for the proper natural preservation thereof. (d) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and recreational use of lot owners and their guests. (e) The use of the open space shall be subject to such reaso able rules and regulations, including fees and charges, as may om time to time be established by the Declarants, or their succel sors and assigns, and/or by the Homeowners Association. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The elf sements, licenses, rights and privileges established, creatd and granted by this Declaration shall be for the benefit of, and restricted solely to, the Developers, the Homeowners Assoc�fations , the Lot Owners and their respective heirs , exec ors and administrators, legal representatives, successors and aILigns , and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and t eir immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general publ'Ilic. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, andlshall inure to the benefit of and be enforceable by the Developers , any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns , and/or the Homeowners Association (if any) . Howel�er, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enfo�ce these Covenants and Restrictions and no person shall have a cause of action against the Developer for their alleged failure to so supervise or enforce. Prior to the Cutoff Date, the Developer may, in his sole discretion, modify, amend, renew or abolilsh this Declaration or any portion thereof. After the Cutofllf Date, such power may be exercised by the Homeowners Association or, if no such Association exists, by any Lot Owner upon proof of the written consent of at least 60% of all Lot Owner 3. This Declaration shall terminate and be of no further force and effect as of January 1, 2008 , unless the same is renewled prior thereto. (c ) Limit to Developers' Obligations - Notwithstanding any provisions herein to the contrary, the Developers shall have no further obligations, duties or responsibilities pursuant to or result4 ng from this Declaration subsequent to the Cutoff Date. If any written approval is required subsequent to the Cutoff Date from 4 e Homeowners ' Association, and no such Association, as defined in Article I (f ) exists the approval requirement shall PA 4 be deemed to have been waived. (d) Severability - 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. IN WITNESS WHEREOF, the Declarants have duly executed thisllDeclaration on the day and year first above written. HENRY E. APPEL SII WILLIAM J. KLUENDER FRANCIS J . VAN MANAN STATE OF NEW YORK : COUNTY OF QUEENS : ss. : L_ On this day of 1991, before me personally came 16NRY E. APPEL , owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subje t property covered by this declaration; that he did read the ove declaration and covenant and understands its contents; thatllhe did swear to me that he executed the same. NOTARY PUBLIC STATE OF NEW YORK COUNTY OF QUEENS : ss. : On this day of 1991 , before me personally cameIWILLIAM J. KLUENDER, owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject perty covered by this declaration; that he did read the above deropclaration and covenant and understands its contents ; that he did swear to me that he executed the same. i NOTARY PUBLIC STATE OF NEW YORK COUNTY OF QUEENS : ss. : On this day of 1991 , before me personally came FRANCIS J. VAN MAVEN, owner of certain real property located on N w Suffolk Avenue and Ole Jule Dane, Mattituck, New York, the sub- ct property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; that he did swear to me that he executed the same. NOTARY PUBLIC .Standard N.Y.B.T.J. Poem 4002—IUM �!Ln and Sale Uenl,with Cnvenanu against Grantors Act,—Indiv .ly.ur Gm p ,a nun. <,nKle.haq r _ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY HIS INDENTURE, made the day of nineteen hundred and ninety—one BETWEEN HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale, INew York, WILLIAM J. KLUENDER, residing at 64-06 Myrtle Avenue, Glendale, New York, and FRANCIS J. VAN MANEN, residing at 581 Onderdonk Avenue, Ridgewood, New York, party of the first part,and TOWN OF SOUTHOLD, a Municipal Corporation with iloffices at 53095 Main Road, Southold, New York, ibarty of the second part, Ir WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration aid 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, 11 LL that certain plot, piece or parcel of land,xaittXh[a[�itil$a6,xaotdxuvrpe®¢He[mtsxd¢daluxtxe7tat2e�gx�fnyY[p� DIST )pl°pmxEl;bad1WiaxNoc designated as "Parcel to be dedicated to the Town 1000 of Southold for highway purposes" on a realty subdivision map entitled , "MAP OF HENRY APPEL , at Mattituck, Town of Southold , SEC New York, " dated October 16, 1989 , 114.00 land being bounded and described as follows : LK BEGINNING at a point, where the westerly side of Camp Mineola 12. 00 Road is intersected by the southerly side of New Suffolk Avenue ; running thence southerly along the westerly side of Camp Mineola LOT IlRoad the following three ( 3) courses and distances : p/o (1 ) South 17 deg . 41 min. 20 sec . West 221 .00 feet ; 014.000 ( 2) South 16 deg. 07 min. 00 sec. West 552.48 feet; (3) South 7 deg . 32 min . 00 sec. West 521 . 93 feet to land now or formerly of Ronald A. Smith, et al ; ( running thence North 81 deg . 07 min. 40 sec. West along land now or formerly of Ronald A. Smith, et al 12 . 50 feet to a point ; running thence northerly through the land of the party of the first part the following four (4) courses and distances : (1) North 7 deg . 32 min . 00 sec. East 522. 58 feet; ( 2) North 16 deg. 07 min. 00 sec. East 553 . 59 feet; (3 ) North 17 deg . 41 min. 20 sec. East 187 . 73 feet ; (4) curve to the left with radius of 25. 00 feet and a length of 47 .65 feet to the southerly side of New Suffolk Avenue; running thence easterly along the southerly side of New Suffolk Avenue the following two ( 2 ) courses and distances : (1 ) North 88 deg. 29 min. 00 sec. East 30 . 28 feet ; ( 2) South 71 deg . 59 min. 20 sec. East 17 .02 feet to the westerly side of Camp Mineola Road and the point or place of BEGINNING. OGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center tines thereof; TOGETHER %kith the appurtenances ('and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successor and assigns of the party of the second part forever. N D the party of the first part covenants that the party of the first part has not done or suffered au}thing hereby the said premises have been encumbered in any way whatever, except as aforesaid. ND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of he 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 apph the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture 5o require. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above LLritten. 1N PRESENCE OF: HENRY E . APPEL WILLIAM J . KLUENDER FRANCIS J . VAN MANEN C `a ,5Eandard N.Y.B.T.U. Form 5W2-2051 gain and Sale DeW.w"h Covenann apinsr Gramor's.ans—Indivy A ur Co,pusaai,.n. emgle sheet' tv (CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT.THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of , nineteen hundred and ninety—one BETWEEN HENRY E. APPEL , residing at 65-45 Myrtle Avenue, Glendale, !New York, WILLIAM J . KLUENDER, residing at 64-06 Myrtle Avenue, Glendale , New York, and FRANCIS J . VAN MANEN, residing at 581 IlOnderdonk Avenue, Ridgewood, NEw York, party of the first part, and TOWN OF SOUTHOLD? a Municipal Corporation (with offices at 53095 Main Road, Southold, New York, party of the second part, LWITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration aid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs for successors and assigns of the party of the second part forever, l4LL that certain plot, piece or parcel of land,x+7[1�7t�etb¢a[I$upgstanadxt¢uptTa¢edec�t6Mltae€ianxese[I�I)tshxxta x DIST *xI ly()bRiF&wAk�t designated as "Parcel to be dedicated to the Town 1000 of Southold for highway purposes" on a realty subdivision map entitled, MAP OF HENRY APPEL at Mattituck, Town of Southold, New SEC York, " dated October 16 , 1989 , and being bounded and described as 114.00 follows : BLK BEGINNING at a point where the southerly side of New 12.00 Suffolk Avenue is intersected by the easterly side of Ole Jule Lane ; LOT p/o running thence from said point of beginning North 88 deg . 014.000 29 min. 00 sec . East along the southerly side of New Suffolk Avenue 21 .33 feet to a point; running thence westerly on a curve to the left having a radius of 25 . 00 feet a distance of 35 . 32 feet to the easterly side of Ole Jule Lane; running thence North 7 deg . 32 min. 40 sec . East along Ilthe easterly side of Ole Jule Lane 21 . 33 feet to the southerly side of New Suffolk Avenue and the point or place of BEGINNING. 'TOGETHER with all right, title and interest, if any, of the party- of the first part in and to any streets and ,roads abutting the above described premises to the center lines thereof; TOGETHER With the appurtenances 'and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO iHOLD the premises herein granted unto the party of the second part, the heirs or successors and assign: of (the party of the second part forever. ((AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part ha; duly executed this deed the day and Year first aboNe written. IN PRESENCE OF: HENRY E. APPEL WILLIAM J . KLUENDER FRANCIS J. VAN MANEN STATE OF NEW �OEK, COUNTY OF SS: STATE OF NEW TOES. COiDze" OF SS: 4 On the day of 19 before me On the day of 19 before me personally came Henry E . Appel , William J. personally came KluenderInd Francis J . Van Manen to nie known t(l be the individual described in and who to me known to be the individual described in and who executed the fo egoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they execut¢1 the same. executed the same. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 1991 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he rides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is t e , of that he*knows the corporation described in and which elecuted the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrumlent is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by ordei of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Vargaiand �$ttlr 19rrd WITH COVENT AGAINST GRANTORS AcTs SECTION 114.00 TITLE NO. BLOCK 12 .00 HENRY E. IAPPEL , WILLIAM J. KLUENDER P/OLOT 014.000 1 and FRANCIS J. VAN MANEN COUNTY OR TOWN Southold TO TOWN OF SOUTHOLD Recorded at Regmr Of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF EW YORK BOARD OF TITLE UNDERWRITERS Raum by Mail TO Distributed by CHI I�AGO TITLE INounA TCE comm ww Zip NO. W LL O N O I U V w LL N K LL F N K STATE OF NEW YORE, COUNTY OF SS: STATR OF NEW YORE, CO-_.1TY OF SS: On the i day of 19 91, before me On the day of 19 before me personally came�Henry E. Appel, William personally came J. Kluend r and Francis J. Van Manen to nic known to be the individual described in and who to me known to be the individual described in and who executed the folrcgoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they execute ld the same. executed the same. NOTARY PUBLIC STATE OF NEW ORE, COUNTY OF SS: STATE OF NEW YORE. COUNTY OF SS: I On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he rl�esides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is t e of that he'knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by orde of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. f�argai In and *ale igrrd WITH COVENNT AGAINST GRANTOR'S ACTS SECTION 114. 00 TITLE NO. BLOCK 12 .00 HENRY E. 4PPEL , WILLIAM J . p/OLOT 014.000 KLUENDER and FRANCIS J . VAN MANEN COUNTY OILrOWN SOUTHOLD TO TOWN OF SOUTHOLD Recorded aL Requat of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF EW YORK BOARD OF TITLE UNDERWRITERS Return by Mail Lo 1listribuled by CHICAGO TITLE I1V9YJIiA�TCE COMPANY Zip No. w U O LD Z a O U rc O O w a N_ I 7 K K s PLANNING BOARD MEMBERS .- € •� � � �__-�-- � SCOTT L. HARRIS Bennett Orlowski. Jr-, Chairman ?7 Supervisor George Ritchie Latham, Jr. Richard G. Ward a ' Town Hall, 53095 Main Road Mark S. Mc onald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516 765-1938 TOWN 017JSH'D31, 1991 Fax (516) 765-1823 Peter S. Danowski, Jr. 616 Ranoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision for Henry Appel SCTM#1000-114-12-14 Dear r. Danowski: nclosed please find a copy of the January 22, 1991 resolution by the Southold Town Board accepting the Performance Bond in the amount of $58,750 . 00 with respect to the roads and improvements for the above mentioned subdivision. lease contact this office if you have any questions. Very truly yours, Bennett Orlowski, Jr., /�111; Chairman Encl. , r JUDITH T. TERRY Town Hall. 53095 Main Road TOWN CLERK 31 r^ P_O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER '.'y� -�.�:' _,�. + -� Fax 1516) 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 SOUTHO D TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 22, 1991 : RESOLVED that the Town Board of the Town of Southold hereby accepts the ' $58,750 .00 Performance Bond with respect to the roads and improvements in the major subdivision of Henry Appel, located at the southeast corner of New Suffolk Avenue and Ole Jule Lane, Mattituck, all in accordance with the Town Board's resolution of February 27, 1990 approving said amount as recommended by the Southold Town Planning Board. �✓���`y Judith T. Terry Southold Town Clerk January 24, 1991 - J vFFULk �� 5 JUDITH T. TERRY Town Hall. 53095 Main Road TOWN CLERK = Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Ln Southold, New York 11971 MARRIAGE OFFICER VO • 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 JANUARY 22, 1991 : RESOLVED that the Town Board of the Town of Southold hereby accepts the $58,750.00 Performance Bond with respect to the roads and improvements in the major subdivision of Henry Appel, located at the souteast corner of New Suffolk Avenue and Ole Jule Lane, Mattituck, all in accordance with the Town Board's resolution of February 27, 1990 approving said amount as recommended by the Southold Town Planning Bowld. �./✓r Judith T. Terry Southold Town Clerk January 29, 1991 JR, Z G 91 LAW OFFICES _ PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOY.779 RIVERHEAD. NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F.I COZAKIEWICZ January 9, 1991 Townlof Southold Planning Department 53095 Main Rod, PO Box 1179 Southold, New York 11971 Attention: Melissa Spiro RE. M- ap of Henry Appel Suffolk County Tax Map No. 1000-114-12-14 Dear Melissa: This serves to confirm our discussions at your offices on Jan ry 8, 1991, concerning the above-captioned subdivision. Previously, by letter dated April 2, 1990, a proposed offeiof dedication was forwarded to your attention, as well as to H 'rvey Arnoff, Esq. Further, by letter dated April 11, 1990, Che-k Nos . 76 and 77 in the sum of $15,351 and $3 ,525 were forwazded to your attention. At our January 8, 1991 meeting, you were provided with six paper prints and two mylars of the final subdivision maps. These final maps did include a current stamp of ap�' roval from Suffolk County Department of Health, as well as the Lliber and Page Number of the filed Covenants and Restrictions. Also provided on January 8 , 1991, was a copy of the recorded Declaration of Covenants and Restrictions and submission of a Bond n the sum of $58,750 . As a result of the submission on January 8, 1991, the applicant has complied with numbers 1 through 5 of the Conditional Final Approval granted by the Southold Town Planning Board on March 5, 1990- T 990_ Left unresolved are Conditions Nos. 6 and 7 . With respe ' t to Condition No. 6, we have previously provided you with all m�terials supplied to the Attorney General' s Office in regards to a No-Action letter. I also provided you with a draft Declaration of Covenants and Restrictions which the applicant will file regarding the formation of a homeowners association. Last, lwith respect to Condition No . 7, and as noted above, we have previously provided draft dedication papers for_ all areas to be deYicated to the Town of Southold. jo � ��� Town of Southold Planning Department January 9, 1991 Page , -2- We feel we have complied with all the conditions imposed by the Planning Board and respectfully request your prompt review concerning our submission. Very truly yours, ROBERT F. KOZAKIEWICZ RFK/sd cc: Henry Appel I j �l5 PI SUBMISSION WITHOUT COVER LETTER SENDER: ',c�ae('-4 k<, L -2— SUBJECT:SUBJECT: A SCTM# c CU _-1 ! l - )L- - )-i COMMENTS. : `- �J�rcofv-no-art o � a.NU \ 17L J 2cortc\ec� C ,j S jm ® v 49-91 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1991, by having its principal office at , 1 New York 11786, hereinafter referred to as "Declarant" . W I T N E S S E T H WHEREAS, Declarant are the owners in fee simple of a certain parcel of land situate at Mattituck, Town of Southold, County of Suffolk and State of New York, containing acres, and designed on the Suffolk County Tax Map as District 1000, Section flock Lot being the same premises conveyed to Declarant by deed dated , recorded in the Suffolk County Clerk' s Office on , in Liber , page and referred to herein as the "premises" . WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations , restrictions , conditions , covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shallllbe conveyed subject to conditions, covenants and restrictions hereinafter set forth , and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shallllbe held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement6 (s ) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II) , together with the appurtenances thereto, any and all improvements thereon, or any portion thereof, as well as to any of the Lots contained therein. (b) "Lot" shall mean and refer to any and each of the pieces of parcels of land numbered 1 through 7, inclusive, as shownlon the Subdivision Map referred to in Article II hereof, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developer" shall mean and refer to Henry E. Appel, William Kleunder and Francis J . Van Manen, their successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. Every record owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety . Where such record ownership of any Lot is jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such Lot 01ianer is entitled. Any one Lot Owner owning two or more Lots shal4 be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. (e ) As used herein, "Homeowners Association" shall refer to an association, corporation, organization or other voluntary or involuntary grouping of Lot Owners which may be formed by one or more Lot Owners , including the Developer, subsequent to the date hereof, and which provides for the administration of any and i all other Lot Owners upon such reasonable terms and conditions as may be established for membership by the Lot Owner or Lot Owners who form or establish such Homeowners Association. All decisions of any such Association shall be made by at least a majority of Owner-Members in good standing. The purpose of such Association shall be the preservation of community appearance, standards and values , the enforcement of these Covenants and Restrictions , and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Lot Owners . In the event that two or more such Homeowners Associations should exist at the same time, then the Association with the greatest number of Owner-Members shall be entitled to the powersland dutiesspecified herein. (f ) "Cutoff Date" shall mean and refer to the earlier of (1 ) four years after the Developers have conveyed away all its fee dimple title to the Property, ( 2 ) nine years from the date hereof , or (3 ) at such earlier time as the Developers transfer all their rights, duties, privileges, obligations and powers hereunder to the Homeowners Association, which transfer shall be evidenced by a writing filed in the same office as this Declaration. (g) "Open Space" shall mean the acres as shown on the subdivision map. t ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot , piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being lots numbered 1 through inclusive, designated on a certain map entitled "Map of Henr Appel" , prepared by Young and Young, surveyors, heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office. ARTICLE III - USE OF PROPERTY (a) 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. No dwelling shall be created having less than 1 ,600 square feet of interior living area. A two story dwelling shall contain a first floor area of not less than 1000 square feet exclusive of detached garage , open breezeways , patios , terraces or basement. Each dwelling shall have a full basement made of concrete block or poured cement walls . Each dwelling shall be side with natural materials only, no vinyl or synthetic sidings will be permitted. Each dwelling shall have a garage , either attached or detached for not more than three automobiles with an asphalt or bluestone driveway extending therefrom to the street payment line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. t i (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c ) No building or structure shall be erected on any lot until the building plans as to the location on the lot, the j outward appearance and design have been approved. , in writing, by the Declarant. 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, their successors or assigns, one of which , when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, their 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. (d) 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. (e) No signs other than one identifying the owner 's name and number of the house or professional sign shall be erected on the premises . Permissible signs shall not exceed 10 inches by 0 E inches, comprised of a white field with black letters or a black field with gold letters . Thus 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. (f ) All 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. (g) All exterior construction, including roof, exterior walls , painting, windows , door and landscaping shall be completed within one (1 ) year from the date construction commences. (h ) No commercial vehicles , recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. (i ) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. ( j ) No more than two domestic pets shall be maintained on the premises by any lot owner. (k) Exterior clothes lines shall not be installed on any lot. (1) No title in and to the bed of the road is to be conveyed to the lot purchasers . The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold. However , the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners , whether installed on the surface of, or above or below the ground. (m) No nuisance of any kind, including excessively barking dogs or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (n) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swimming pool does not extend beyond six inches above the finished grade. (o ) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot unless its location, screening, construction, height and aesthetics are approved by Developer or , after the cutoff date, by the Homeowners Association. (p) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall remove, cause to be removed or allow to be removed, without the Developer' s permission (or that of the Homeowner' s Association, if after the Cutoff Date) , from any part of the Poperty not designated as required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the end that all large trees not located within required building areas of the various lots remain intact throughout the Property. In addition to the foregoing, any all landscaping to the Property shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE IV - OPEN SPACE It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources . To effectuate such purposes , the following conditions, covenants and restrictions are hereby imposed on that portion of the premises designated as open space on the subdivision map, to wit: (a) The interior acres as shown on "Map of Henry Appel", Town of Southold, Suffolk County, State of New York", heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office, shall be leased to Declarant, or to whomever he shall designate, for agricultural purposes . The term of the lease to be for such a period of time as determined by Declarant, or his designee , at the inception of the lease. The consideration shall be that tenant shall pay the real estate taxes on the said acres and maintenance costs . Upon the termination of such lease, the open Space shall be subject to the sole , jurisdiction of the Homeowners Association, in accordance with the terms hereof. (b) No structures shall be erected or placed in or on any open space. (c) No sand, gravel , top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon , except as may be required for agricultural use. (d) Not trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees , or such other removal of vegetation as may be required for the proper natural preservation thereof and/or proper agricultural use. (e) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and agricultural and recreational use of lot owners and their guests. (f ) The use of the open space shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or its successors and assigns. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to, the Developer, the Homeowners Associations , the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns , and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer , any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns , and/or the Homeowners Association (if any) . However, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the Developer for their alleged failure to so supervise or enforce. Prior to the Cutoff Date, the Developer may, in his sole discretion, modify, amend, renew or abolish this Declaration or any portion thereof. After the Cutoff Date, such power may be exercised by the Homeowners Association or, if no such Association exists , by any Lot Owner upon, proof of the written consent of at least 60% of all Lot Owners . This Declaration shall terminate and be of no further force and effect as of January 1, 2008, unless the same is renewed prior thereto. (c) Limit to Developers' Obligations - Notwithstanding any provisions herein to the contrary, the Developers shall have no further obligations, duties or responsibilities pursuant to or resulting from this Declaration subsequent to the Cutoff Date. If any written approval is required subsequent to the Cutoff Date i from the Homeowners ' Association , and no such Association, as defined in Article I (f ) , exists, the approval requirement shall be deemed to have been waived. (d) Severability - Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or I I court order shall in no way affect any of the remaining provi'isions hereof , and the same shall continue in full force and effect. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first above written. n STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) On the day of , 1991, before me personally came to me known, who , being by me duly sworn, did depose and say that he resides at 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 corporation, and that he signed his name thereto by like order. Notary Public I '-- '� DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this oZ7 day of At �' �f , 1991, by HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale, New York, WILLIAM J . KLUENDER, residing at 64-06 Myrtle Avenue, Glendale, New York, and FRANCIS J. VAN MANEN, residing at 581 Onderdonk Avenue, Ridgewood, New York, hereinafter referred to as Aw "Declarants" . g' W I T N E S S E T H I WHEREAS, Declarants are the owners in fee simple of a JDIST certain parcel of land situate at Mattitucic, Town of Southold, 1000 MSEC County of Suffolk and State of New York, containing 15 .3573 114.00 acres, and designated on the Suffolk County Tax Map as District IBLK 1000, Section 114, Block 12 Lot 14 ; being the same premises 12 .00 iLOT conveyed to Declarant by deed dated July 20, 1970, recorded in 014.00 the Suffolk County Clerk 's Office on January 16 , 1973 , in Liber 7325, page 23, and referred to herein as the "premises" . WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desires to subject said premises to certain reservations , restrictions , conditions , covenants and agreements. NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to conditions, covenants and restriictions hereinafter set forth , and that everypurchaser of said premises or any portion thereof, by the acceptace�q€,Oa deed tis i :� b 11244K6493 thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants , conditions , and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(s ) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II) , together with the appurtenances thereto, any and all improvements thereon, or any portion thereof, as well as to any of the Lots contained therein. (b) "Lot" shall mean and refer to any and each of the pieces of parcels of land nmubered 1 through 7, inclusive, as shown , on the Subdivision Map referred to in Article II hereof, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developers" shall mean and refer to Henry E. Appel, William J . Rluender and Francis J . Van Manen, their successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. Every record owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by '!the entirety . Where such record ownership of any Lot is jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such 11244PG494 Lot Owner is entitled. Any one Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. (e ) As used herein, "Homeowners Association" shall refer to an association, corporation or organization of Lot Owners which shall be formed by the Developer, subsequent to the sale of i. 51% of the lots, and which provides for the administration and ` maintenance of the open space. All decisions of any such I J Association shall be made by at least a majority of Owner-Members I in good standing. The purpose of such Association shall be the preservation of community appearance, standards and values, the enforcement of these Covenants and Restrictions , and the control of and jurisdiction over all portions of the Property, if any, ownedlin common by all the Lot Owners. (f) "Open Space" shall mean the 7 .8504 acres as shown,lon the subdivision map, dated October 16, 1989. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being lots numbered 1 through 7, inclusive, and such land designated as open space as designated on a certain map entitled "Map of Henry Appel ", 11244PC 96---- prepared by Young and Young, surveyors, heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office. ARTICLE III - USE OF PROPERTY (a ) No lot shall be improved or have placed or maintained thereon any dwelling other than a single family dwelling, not to exceed two stories in height. No dwelling shall be created having less than 1 , 600 square feet of interior living area. A two story dwelling shall contain a first floor area of not less than 1000 square feet exclusive of detached garage, open breezeways , patios , terraces or basement. Each dwelling shall have a full basement made of i concrete block or poured cement walls . Each dwelling shall be side with natural materials only, no vinyl, asbestos or synthetic sidings will be permitted. Each dwelling shall have a garage, either attached or detached for not more than three automobiles with an asphalt or Bluestone driveway extending therefrom to the street payment line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c ) 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 -eclarants. There shall be no alteration to the extarior of any dwelling or structure except in accordance with the plans and speciflications which have received the prior written approval of 11244PA96 the Declarants or their 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 Declarants or their successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns, -hall neither approve or disapprove the plans and I specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. (d) 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. (e) No signs other than one identifying the owner 's name and nLmnber of the house or professional sign shall be erected on the premises . Permissible signs shall not exceed 10 inches by 0 inches, comprised of a white field with black letters or a black £ield �with gold letters . Thus restriction shall not prohibit the 11244P9497 ' Declarants, their 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. (f ) All 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 .got shall at all times be reasonably well maintained. (g) All exterior construction, including roof, exterior walls, painting, windows , door and landscaping shall be completed within one (1 ) year from the date construction commences. (h ) No commercial vehicles , recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. (i ) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the raar line of each house to each side line of the plot . Each corner lot ,shall for these purposes be considered to have its front yard facing the subdivision road. (j ) No more than two domestic pets shall be maintained on the premises by any lot owner. (k) Exterior clothes lines shall not be installed on any lot. (1 ) No title in and to the bed of the road is to be �1 KIIIN 11244PA98 �a conveyed to the lot purchasers. The Declarants retain the said title and the right to dedicate and convey the said title to the Town of Southold. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below, the ground. (m) No nuisance of any kind, including excessively barking dogs or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (n ) Only permanent swimming pools shall be allowed and shall 'be constructed in such a manner that the top of the swimming pool does not extend beyond six inches above the finished grade. (o ) No satellite dishes or antennas or aerials shall be placed'i, erected or located on the lot or on the structures erected on the lot un,ess its location, screening, construction, heightland aesthetics are approved by Developer or by the Homeowners Association. (p) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other persogl shall remove, cause to be removed or allow to be removed, without the Developer 's permission (or that of the Homeowners Association, ) , from any part of the vroperty not designated as 11244PG4994`� required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the end that all large trees not located within required building areas of the various lots remain intact throughout the Property. In addition to the foregoing, any all landscaping to the Property shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE IV - OPEN SPACE It is the intention of the Declarants that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources . To effectuate such purposes , the following conditions, covenants and restrictions are hereby imposed on that portion of the premises designated as open space on the subdivision map, to wit: (a ) No structures shall be erected ur placed in or on any open space. (b) No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. (c ) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees , or such otherlremoval of vegetation as may be required for the proper natural preservation thereof. (d) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and recreational use of lot owners and their guests. (e) The use of the open space shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarants, or their successors and assigns, and/or by the Homeowners Association. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, alhd restricted solely to the Developers, the Homeowners Associations , the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns , and any Lot Owner may grant the benefit of such easem' nt, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or .-,-its, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the DevelllI'pers , any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, ^uccessors and a�lsigns , and/or the Homeowners Association . Except for provi lions contained herein regarding Developer' s obligations to 1124V56f form a Homeowners Association, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the Developer for their alleged failure to so supervise or enforce. (c ) Limit to Developers ' Obligations - Notwithstanding any provisions herein to the contrary, the Developers shall have no further obligations , duties or responsibilities pursuant to or resul';ting from this Declaration subsequent to the formation of a Homeowners Association. (d) Severability - 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. IN WITNESS WHEREOF, the Declarants have duly executed this declaration on the day and year first above written. 01 HENRY E. APPEL . i WILLIAM J. KLUENDER � r FRANCIS J. VAN MAVEN 11244PL5 2 STATE OF NEW YORK : COUNTY OF QUEENS ss, : On this ''` day of 1991, before me personally came, HENRY E. APPEL , owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and f}nderstands its contents; that,' he did swear to me that he execute the same. lll! 1 V! �VU%'V 7 NOTA 2Y.�PUBL I 11J DtRAGAN V I.JF,N N6tary Public, Otte of Nee+York No.41-445760 Qualified in Queens county Commission Expires Jan.27, 19 STATE 7, 19STATE OF NEW YORK COUNTY OF QUEENS. : ss. : On this 2-7 day of t..ae ; t 1991, before me personally came '''iWILLIAM J. KLUENDER, owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; thatllhe did swear to me that he executed the same. NOTARY 71� BLIC .Z. DRAWkuV 6ICL.JAN Notary Public,s,ait:of New York No.41-Z-545760 _j Comm'ss on County in Clueens Exp�r,Jan 27, 9 6� V STATE OF NEW YORK COUNTY OF QUEENS : ss. : On this 2l day of �.�yj���yi 1991 , before me personally came FRANCIS J. VAN MANEN, owner of certain real property located on Ne,w Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subje'ict property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; that he did swear to me that he executed the same. NOTAR UBLIC DRAGAN VAWAN -' — Notary Public.State of New York No.47-4845760 - - Qualified in Queens County q - Commission Expires Jan.27, 191 a MS SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.IL.S. Roland Anders (1922-1959) �v�""i� Francis J. Lynch Chester.C. Kelsey, RE, L.S. 45 Manor Road Phillip Schlotzhauer Robert A.Stanton, P.EI - Joseph F.Stegman Robert W. Brown,LS.'i Smithtown, N.Y. 11787 William T.Styne Zabdiel A. Blackman,P.E.. L.S. (516)-724_061 1 Richard B. Weber Frank J_Antetomaso, P.E. George A.Style, P.E. Jerry D.Almont, P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco, C.E. Paul F_Stevens, P.E. Roger L.C.occhi, P.E. Thomas R. Pynchon,L.S. January 22. 1990 Mr. Bennett Orlowski , Jr. Chairman, Planning Board TOWN OF SOUTHOLD 53095 Main Road Southold, New york 11971 RE: i Henry Appel Subdivision at Mattituck S.C.T.M. No. 1000-114-12-14 SBB NO. 87/176 Dear Mr. Orlowski : We have reviewed the Bond Estimate submitted by the developer for the above referenced project . We find that with several modifications, (see 11 attached sheet) it accurately reflects current construction cost's. Please note that our previous estimate indicated $91 ,000.00 for leacihing pool installation based on the Town requirement, at the time, for storage of 6 inches of runoff. The current estimate of 532,000 is based on storage for 2 inches, as presently required . If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B . BOWNE & SON! CONSULTING ENGINEERS VINCENT MARICONDA VM:enr a6 Encl, . A 2 4 �o 4 MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H jj DEC 1 8 1989 i! Cctaber 11, 1089 3 PipNT,':IG BaTz mmg r. g+� ryg r` PI�TRaj[C�;Of`1 Henry Appal at Mattituck, ;O Southold, wffolk CcuntY, New York A. Og" i n j _ �$L'- aavrnT Ve -21aarin^ L Gr'jzb1nq 0.2 Afros 20500. 00 $ 500.00 ' Sit=. Coated C%p 160 L.F. 'LSoo iCarch Baoins 3 Each 28000. 00 6, 000.00 Lmwchinq Pools 15 Each 2,000.00 32 ,000. 00 Canarato curb 60 L. P. qto.ao '+__ " Crushed Stw—na Baea 45 C.Y. 50. 00 2, 250.00 Jit•M. RzVama.-% 35 Tons 80.00 2 , 800.00 opoil .^_ddin~y 600 S.Y. 5.00 30000. 00 leb =. moauiwnts 5 Bach 80.00 400.00 B. i"5wwn Fees) S=��ISo.or 1. Applic tian 7an (kr ,000.00 plus $1-00 . 00 per acre or Part therm,;, - 011000,70 + (16 X 5100. 00 per &ar=) 2, 600. 00 2 . insrA-ao- on Wes (. ---F amolln't of approvad z i�F„oc pe-rfarmarce- azzid) et of Tota-1 Misc211anaoL's Costs I A. Rand 5 Drainage S. Miscsllan=us Carta S �•°= 5 at LJ 17, if, 64 Icmno y�V, vir . iv � der �kr^ / L UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK GENERAL AGREEMENT OF INDEMNITY This Agreement entered into by and between the undersigned, herein called the Indenmitors, and the Utica Mutual Insurance Company of New Hartford,New York,herein called the Company,witnesseth: WHEREAS, in the transaction of business certain bonds, undertakings and other writings obligatory in the nature of a bond have heretofore been, and may hereafter be,required by,for, or on behalf of the Indenmitors or any one or more of the parties included in the designation Indemnitors, and application has been made and will hereafter be made to the Company to execute such bonds, and as a preregIuisite to the execution of such bond or bonds,the Company requires complete indemnification. NOW, THEREFORE, in consideration of the premises,and the payment by the Company of the sum of One(51.00) Dollar to each of the Indemnitors, receipt whereof is hereby acknowledged, and for other good and valuable considerations. the Indemnitors do, for themselves,l their heirs,executors, administrators and assigns,jointly and severally, agree with the Company as follows: 1. The Indemnitors will pay to the Company, at its Home Office in the Town of New Hartford,New York, premiums and charges at the rates, anIIa at the times specified in respect to each such bond in the Company's schedule of rates, which,with any additions or amendmentsii'thereto, is by reference made a part hereof, and will continue to pay the same where such premium or charge is annual, until the Company shall be discharged and released from any and all liability and responsibility upon and from each such bond or matters arising therefrom, and until the Indemnitors shall deliver to the Company at its Home Office in New Hartford, New York, competent written evidence satisfactory to the Company of its discharee from all liability on such bond or bonds. 2. The Indemnlitors will indemnify and save the Company harmless from and against every claim, demand, liability,cost,charge, suit,judgment and expense which the Company may pay or incur in consequence of having executed, or procured the execution of, such bonds, or any renewals or continuations thereof or substitutes therefor,including fees of attorneys, whether on salary,retainer or otherwise, aitd the expense of procuring, or attempting to procure, release from liability, or in bringing suit to enforce the obligation of anly of the Indemnitors under this Agreement. In the event of payments by the Company. the Indemnitors agree to accept the voucher or other evidence of such payments as prima facie evidence of the propriety thereof, and of the Indemnitors' liability therefoy�to the Company. 3. If the Company shall set up a reserve to cover any claim. suit or judgment under any such bond, the Indemnitors will, immediately upon demand, deposit with the Company a sum of money equal to such reserve, such sum to be held by the Company as collateral sec 1 rity on such bond, and such sum and any other money or property which shall have been, or shall hereafter be, pledged as collateral security on any such bond shall, unless otherwise agreed in writing by the Company, be available, in the discretion of thkompany,as collateral security on any other or all bonds coming within the scope of this Agreement- 4- The Indemnitors immediately upon becoming aware of any demand,notice, or proceeding preliminary to determining or fixing any liability with which the Company may be subsequently charged under any such bond, shall notify the Company thereof in writing at its Hom11 e Office in the Town of New Hartford, New York. 5- The Company shall have the exclusive right to determine for itself and the Indemnitors whether any claim or suit brought against the Com1pany or the Principal upon any such bond shall be settled or defended and its decision shall be binding and conclusive upon Ote Indemnitors. 6. The Companyl, and its designated agents, shall, at any and all reasonable times,have free access to the books and records of the Indemnitors. B-B-35 Ed.4-75 r �1 r, a' � w � v PLANNING BOARD MEMBERS �� 3 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman "' 1 .A- v Supervisor George Ritchie Latham, Sr. Richard G. Ward `f Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 18, 1990 Robert F. Kozakiewicz Attorney At Law 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision for Henry Appel SCTM# 1000-114-12-14 Dear Mr. Kozakiewicz: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 17, 1990 . BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90 ) day extension of conditional final approval. The 90 day extension will expire on March 6 , 1991 unless all conditions of approval have been fulfilled. This will be the last extension that will be granted. Please contact this office if you have any questions regarding the above. Very truly yours,, �11 �al ✓ Bennett Orlowski, Jr. j s Chairman LAW OFFICES PETER S. DANOWSKI, JR. S 616 ROANOKE AVENUE P.0.BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. D'ANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F.IKOZAKIEWICZ December 3 , 1990 COPY IVIA FAX TRANSMITTAL Town 'of Southold Planning Department 53095 Main Road PO DO 1179 Southold, New York 11971 Attention: Melissa Spiro RE: *gap of Henry Appel SCTM #1000-114-12-14 Dear Melissa : On March 5 , 1990, the Board granted final conditional approval to this major subdivision. I have been advised by Mr. Frank Galliano of MRW Group, Inc. , that a bond will be forth- c oming. However, I am uncertain where we stand with you concerning draft documentation for Homeowners Association. In light of the above, I respectfully request a second 90-day extension for submission of the final plans for signing by the Chairman. Very truly yours, ROBERT F. KOZAKIEL9ICZ RFK/s Id P` SYFy3 > a F`r� PLANNING BOARD MEMBERS SCOTT L_ HARRIS d Bennett Orlowski', Jr., Chairman ^' �"'3. .- Supervisor George Ritchie Latham, Jr. � �c Richard G. Ward � ' � '� � Town Hall, 53095 blain Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 3, 1990 I Robert F. Kozakiewicz 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision for Henry Appel SCTM#1000-114-12-14 Dear Mr. Kozakiewicz : The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, October 2, 1990. RESOLVED that the Southold Town Planning Board grant a ninety ( 90) day extension of conditional final approval. Conditional final approval was granted on March 6, 1990. The 90 day extension will expire on December 6, 1990 unless all conditions of approval have been fulfilled. Please contact this office if you have any questions regar ing the above. Very truly yours, Bennett Orlowski, Jr. f Chairman ^� LAW OFFICES PETER S. DANOWSKI , JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F.KOZAKIEWICZ August 24, 1990 Town of Southold Planning Department 53095 Main Road P. O. ,Box 1179 Southold, New York 11901 Attention: Melissa Spiro Re : Map of Henry Appel ISCTM#1000-114-12-14 Dear 'Melissa: On March 5, 1990, the Board granted final conditional approval to this major subdivision. I have been advised by Mr. Frank Galliano of MRW Group, Inc. , that Messrs. Henry E. Appel, William J . Kluender and Francis J . Van Manen have been approved for a bond. However, I am uncertain where we stand with you concerning draft documentation for Homeowners Association, as welllas the proposed dedication papers. Since there are these unknowns, I sent a letter to Bennett Orlowski, Chairman of the Planning Board requesting a 90 day extension for submission of the final plans for signing by the Chairman. Very truly yours, ROBERT F. KOZAKIEWICZ RFK: as 4 v i f LAW OFFICES PETER S. DANOWSKI, .JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ August 24, 1990 Planning Board Office Town of Southold Town Hall P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski , Jr . , Chairman Re: Henry E. Appel SCTM#1000-114-12-14 Dear Mr. Orlowski : Per Resolution adopted on March 5 , 1990 with regard to the above captioned matter, . nlease be advised that the six month period for the submission of the final map will expire on September 5, 1990. Therefore, I hereby request an extension of ninety ( 90) days. Thank you. Very truly yours, v ROBERT F. KOZAKIEWICZ RFK ads , LAW OFFICES PETER S. DANOwSKi, ~]R. ' 61oROANDxsAVENUE p.0. BOX 779 R|vERHEAD, wv11oo| (516)727-4900 PETER S. FAX MICHAEL rCurpOno � ' � OF COUNSEL ROBERT F,xnzaK|E\Vmz Joll, 25, I990 ' -"7 � . � , Town of Southold - � Planning Department 53095 Main Road ' P.O. Box 1179 � Southold, New York 11971 � &tta�tiou: Melissa Goiro ' � Be : 'Mag of Henry Appel �� Dear �MbeIiooa : ! � � in accordance with our telephone conversation this day, ) please find enclosed draft documentation submitted to the Attorney General ' s Office in connection with our application for � � { a No Action Letter. ' ! I hope this clears op some of the confusion concerning � our application to the &ttoruel! General 's Office. � | Please advise whether any additional documentation with rega to the Homeowner ' s Association will be required by the Plaod�iug Board.. � Very truly yours, ROBERT F. K0DAKIEWC3 RFD: as I]uoIoaore G y 51 f0are, 1 Town Hall,53095 Main Road (516) 765-1937 P.O. Box 1179 Via= n FAX(516)765-1823 Samhald.New York 11971 BOARD OF ASSESSORS TOWN OF SOUTHOLD March 27, 199D,.-:1 � JOL 2 5 1990 ' Peter S . Danowski , Jr . , Esq. P . O. Box 779 Riverhead, New York 11901 Re : Open Space Area Henry Appel at Mattituck, Southold, New York Dear Mr. Danowski : As per your request , the open space area designed by Suffolk County Tax Map No . 1000-114-12- 14 . 6 equaling 7 . 8504 acres will be Assessed at 0 on the 1989-90 assessment roll . Using the current tax rate of $476 . 473 per thousand of assessed value would project a real estate tax of $0 . In closing, the assessed value of the open space area should meet', the requirements that are set forth in Section 247 of the Gene',ral Municipal Law and Section 339 of the Real Property Law. Very truly yours , Charles C. Watts , Chairman Board of Assessors CCW: dr STATEMENT REGARDING INCOME AND EXPENSE FOR FIRST YEAR OF OPERATION OF HOMEOWNER' S ASSOCIATION I am one of the owners of premises at Mattituck, New York, included in a subdivision map known as Map for Henry Appel, which received preliminary approval from the Town of Southold j Planning Board. The "open space " area as shown on the approved map is to be owned and managed by a homeowner 's association which i will hold title in and conduct itself through a not-for-profit corporation. Find annexed a copy of said map. During the first year of operation the expenses in connection with maintaining the "open space" area will be minimal and will include real property taxes of zero and liability insurance of about $250 . 00 per year. Both expenses will be paid by the sponsors Henry Appel , William J . Kleunder, Francis Van Manen, during the first year. In addition, the sponsors during the first year of operation of the Homeowner 's Association will maintain the "open space" without charge to the Homeowner 's Association. Dated:' March 26, 1990. HENRY E. APPEL I March 26, 1990 TO WHOM IT MAY CONCERN: Re: Henry Appel , Mattituck, New York I am one of the owners of property at Mattituck and am fully familiar with that parcel of real property consisting of approximately 7 .85 acres included as the open space area to be maintained by a Mattituck Homeowners Association. The parcel, located at Mattituck, New York, is known and identified on the Suffolk County Tax Map as District 1000, Section 114 , Block 12, Lots 14 . 1 -14. 6 and District 1000, Section 122, Block 10, Lots 1 and 2. I have been a land developer for more than fifteen (15) years. I am fully acquainted with the cost of maintaining parcels similar to this and submit that the cost to adequately maintain that site, which will be maintained in its present state. The projected expenses for the year will be in a sum of not more than $ 500. 00 . Very truly yours, Henry Appel HA:as Enclosures SEE ANNEXED PROJECTED BUDGET k mar_-•_ a Projected Budget for First Year of Operation Expenses• i Liability Insurance $ 250. 00 Landscaping 0. 00 Land Taxes 0. 00 Accountant 250.00 Franchise Taxes 0 . 00 TOTAL $ 500. 00 r Treibff 1899 - 69 899 -69 EAST JERICHO TURNPIKE. MINEOLA, N.Y. 11501 (7113) 347-3100 (516) 746-1515 March 26, 1990 Mr. Robert Kozakiewicz Peter S . Danowski, Jr. 616 Roanoke Ave. P.O. Box 779 Riverhead, NY 11901 RE: HENRY APPEL - SUBDIVISION OF VACANT LAND_ IN MATTITUCK POLICY: G11354968 INSURED: Henry A. Appel , William Kluender & Franklin Van Manen Dear Mr. Kozakiewicz : { Further to your letter of March 16th 1990, we are attaching original of letter addressed to "Whom It May Concern" indicating various insurance information as respects Mr. Henry Appels ' insurance policy covering vacant land located in Mattituck, NY. At this point in time, we would like to point out that the only request for such information was made back in June of 1989 by Pam Blake of your office, wherein a Certificate of Insurance was faxed (with original mailed your office) evidencing coverages/information as requested. We' have no other record or documentation of any further requests from that date until your enclosed letter, for which we now respond accordingly. We hope this clarifies any previous situation that we were unaware of and trust that the enclosed is in order and meets with your approval. Should any revisions or further information be required, please contact our office direct and we will be more than happy to assist,yoll in this matter. Vd]ry YulyPT ;— SOL"PA(SN CP:scp cc: Mr. Henry A. Appel Projected Budget for First Year of Operation Expenses• Liability Insurance $ 250 . 00 Landscaping 0. 00 Land Taxes 0. 00 Accountant 250.00 Franchise Taxes 0. 00 TOTAL $ 500.00 AFFIDAVIT STATE OF NEW YORK D ss: COUNTY OF SUFFOLK ) WILLIAM •KLUENDER, being duly sworn, deposes and says: That I reside at 64-06 Myrtle Avenue, Glendale, New York. That I am one of the owners having an undivided ione-third interest as Tenant in Common of certain real property at Mattituck, New York, which has been subdivided and designated i as the Map for Henry Appel . This map is annexed as part of the ` statement regarding income and expense for first year of operation. This major subdivision, consisting of seven ( 7) lots on 15 . 3573 acres is also known and designated as Suffolk County Tax Mp #1000-114-12-14. The property is located at the southeast corner of New Suffolk Avenue and Ole Jule Lane in Mattituck, Town of Southold, County of Suffolk, State of New York. The Town of Southold owns and maintains the roads known as New Suffolk Avenue and Ole Jule Lane. The property is bordered also by private road known as "Camp Mineola Road". "Camp Mineola Road" is not owned by the offerors/sponsor. Furthermore, vehicular access to the seven (7 ) lots will be via Ole Jule Lane. The property to be cooperatively owned or maintained by the Homeowner 's Association is open space consisting of 7 . 8504 acres . No improvements will be made to this open space and instead, the open space will remain in its natural condition. Thus, maintenance costs to be incurred by the Homeowners I Association (HOA) will be less than $100. 00 per lot. The offerors have read NYCRR Section 22 .8 and agree to comply with the escrow and trust fund provisions of GBL Section 352-e (2 ) (b ) and Section 352-h. The offerors will provide to each offeree the following: I (1 ) A statement that the purchase price of the lots I include membership costs in the HOA; (2 ) The estimated annual assessment and proposed budget; (3 ) Documentation by an expert as to the adequacy of the projected income and expense for the first year of operation; (4 ) A copy of any mortgagee or ground lease that will remain on HOA property after transfer to the Association; (5 ) A copy of any contract between the sponsor and the HOA: (6) A copy of the proposed deed of HOA property from sponsor to the HOA; (7 ) A copy of the recorded deed to the HOA property by which sponsor derived title or a copy of the contract of sale ..mi between the owner and sponsor if sponsor is the contract vendee; (8 ) A copy of the most recent financial statement of income and expenses for the operation of the property, if applicable; (9 ) Information known to the offeror(s ) which may result in extraordinary expenses for members or for the HOA including, but not limited to, assessments, liabilities, dangerous or hazardous conditions , pending litigation and administrative proceedings; (10) Evidence of compliance with local zoning laws and regulations, e .g. , construction permits , zoning resolutions, use permits, a certificate of occupancy if HOA property includes any buildings; and (11) Such other information as the Department of Law may require to be presented to each offeree. (f ) That the offeror (s ) agrees to furnish a complete copy of the application for a no-action letter and a copy of the no-action letter to each offeree prior to accepting any downpayment. (g ) That the offeror(s ) agrees to furnish, within five ( 5 ) days after a request by the Department of Law, copies of executed offeree affidavits required pursuant to subparagraph ( j ) of this section. (h ) That the use for which the unit(s ) and property are being offered will comply with the property 's certificate of occupancy, zoning, building and housing laws, rules and regulations . If the proposed use will not comply with the legally permissible use, a discussion of what steps must be taken to comply with or to change the legally pe'rmissible use and indemnification of which party will assume responsibility for taking such steps. (i ) Whether the offeror(s ) or its principals, have, within the preceding five (5 ) years, participated in any other i applications for a no-action letter or have made any other offerings which were not pursuant to an offering plan filed with ithe Department of Law. If so, the address of any property which was the subject of such application or offering. 1 (j ) That an affidavit will be obtained from each proposed I� offeree prior to the closing on a unit that is subject to this application which will contain the following representations: (1 ) The offeree 's name , residence and business address and legal status (corporation, partnership, individual, etc) ; (2) That the offeree has read the affidavit of the offeror (s ) submitted as part of the application for a no-action letter; (3 ) That the offeree understands that no offering literature other than asrequiredby the no-action letter will be provided; (4) That the offeree has inspected the subject property; This affidavit is made to induce the Attorney General 's Office of the State of New York to issue a no-action letter to Henry E. Appel. ' J WILLIAM KLUENDER Sworn to be me this I y of WJ e, 1 i JOSL"P-r. „ L6an N P B C Notary PnhLr., r or.J.rI ynr4 QUP%IifleJ Inuaaal��'i, Term Cx�]Ilr/ � / g ,2 75 r AFFIDAVIT S_ �L, 26 g94C; Y 5 STATE OF NEW YORK D ss: COUNTY OF SUFFOLK ) HENRY E. APPEL, being duly sworn, deposes and says: That I reside at 65-45 Myrtle Avenue, Glendale, New York. That I am one of the owners having an undivided one-third interest as Tenant in Common of certain real property s o l p p y at Mattituck, New York, which has been subdivided and designated as the Map for Henry Appel. This map is annexed as part of the i jstatement regarding income and expense for first year of operation. This major subdivision, consisting of seven (7 ) lots on 15 .3573 acres is also known and designated as Suffolk County Tax Mp #1000-114-12-14. The property is located at the southeast corner of New Suffolk Avenue and Ole Jule Lane in Mattituck, Town of Southold, County of Suffolk, State of New York. The Town of Southold owns and maintains the roads known as New Suffolk Avenue and Ole Jule Lane. The property is bordered also by private road known as "Camp Mineola Road". "Camp Mineola Road" is not owned by the offerors/sponsor. Furthermore, vehicular access to the seven (7 ) lots will be via Ole Jule Lane. The property 'to be cooperatively owned or maintained by the Homeowner 's Association is open space consisting of 7 .8504 acres. No improvements will be made to this open space and instead, the open space will remain in its natural condition. Thus, maintenance costs to be incurred by the Homeowners Association (HOA) will be less than $100. 00 per lot. The offerors have read NYCRR Section 22 . 8 and agree to comply with the escrow and trust fund provisions of GBL Section 352-e (2 ) (b) and Section 352-h. The offerors will provide to each offeree the following: (1) A statement that the purchase price of the lots include membership costs in the HOA; i (2 ) The estimated annual assessment and proposed budget; I (3 ) Documentation by an expert as to the adequacy of the projected income and expense for the first year of operation; (4 ) A copy of any mortgagee or ground lease that will remain on HOA property after transfer to the Association; (5 ) A copy of any contract between the sponsor and the HOA: (6) A copy of the proposed deed of HOA property from sponsor, to the HOA; e (7 ) A copy of the recorded deed to the HOA property by which sponsor derived title or a copy of the contract of sale v I� between the owner and sponsor if sponsor is the contract vendee; (8 ) A copy of the most recent financial statement of income and expenses for the operation of the property, if applicable; (9 ) Information known to the offeror(s ) which may result in extraordinary expenses for members or for the HOA including, but not limited to, assessments, liabilities, dangerous or hazardous conditions, pending litigation and administrative proceedings; (10) Evidence of compliance with local zoning laws and regulations , e.g . , construction permits, zoning resolutions, use permits, a certificate of occupancy if HOA property includes any buildings; and (11) Such other information as the Department of Law may require to be presented to each offeree. (f ) That the offeror (s ) agrees to furnish a complete copy of the application for a no-action letter and a copy of the no-action letter to each offeree prior to accepting any downpayment. (g ) That the offeror(s ) agrees to furnish, within five (5 ) days after a request by the Department of Law, copies of executed offeree affidavits required pursuant to subparagraph ( j ) of this section. (h ) That the use for which the unit(s ) and property are being offered will comply with the property 's certificate of _ A aar �y occupancy, zoning, building and housing laws, rules and regulations. If the proposed use will not comply with the legally permissible use, a discussion of what steps must be taken to comply with or to change the legally pe-rmissible . use and indemnification of which party will assume responsibility for taking such steps. (i ) Whether the offeror(s ) or its principals , have, within the preceding five (5 ) years, participated in any other i applications 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. If so, the address of any property which was the subject of such application or offering. (j ) That an affidavit will be obtained from each proposed offeree prior to the closing on a unit that is subject to this application which will contain the following representations: (1 ) The offeree 's name , residence and business address and legal status (corporation, partnership, individual, etc) ; (2 ) That the offeree has read the affidavit of the offeror (s ) submitted as part of the application for a no-action letter; (3 ) Tkrat the offeree understands that no offering literature other than as required by the no-action letter will be provided; - \ r 14 ) That the offeree has inspected the subject property; This affidavit is made to induce the Attorney General 's Office of the State of New York to issue a no-action letter to Henry E. Appel. HENRY E. APPCV Sworn to be me this �25day of June, 1990. VOTARY PURL meEiR R.SO�t7 f r4aaw Wk %DWIV Ngo 15gx 31e oolitiedalan N0 COWh3U 118 Tartu EW If -v rr AFFIDAVIT26 f STATE OF NEW YORK ) -..... ss; _ - COUNTY OF SUFFOLK D FRANCIS J. VAN MANEN, being duly sworn, deposes and says: That I reside at 71-60 72nd Place, Glendale, New York. That I am one of the owners having an undivided one-third interest as Tenant in Common of certain real property at Mattituck, New York, which has been subdivided and designated as the Map for Henry Appel. This map is annexed as part of the statement regarding income and expense for first year of operation. This major subdivision, consisting of seven (7 ) lots on 15 .3573 acres is also known and designated as Suffolk County Tax Mp #1000-114-12-14. The property is located at the southeast corner of New Suffolk Avenue and Ole Jule Lane in Mattituck, Town of Southold, County of Suffolk, State of New York. The Town of Southold owns and maintains the roads known as New Suffolk Avenue and Ole Jule Lane. The property is bordered also by private road known as "Camp Mineola Road". "Camp Mineola Road" is not owned by the offerors/sponsor. Furthermore, vehicular access to the seven (7 ) lots will be via Ole Jule Lane. I The property to be cooperatively owned or maintained by the Homeowner 's Association is open space consisting of 7 .8504 acres. No improvements will be made to this open space and instead, the open space will remain in its natural condition. Thus„ maintenance costs to be incurred by the Homeowners Association (HOA) will be less than $100. 00 per lot. The offerors have read NYCRR Section 22 .8 and agree to comply with the escrow and trust fund provisions of GBL Section 1 352-e ( 2 ) (b) and Section 352-h. The offerors will provide to each offeree the following: (1) A statement that the purchase price of the lots include membership costs in the HOA; (2 ) The estimated annual assessment and proposed budget; (3 ) Documentation by an expert as to the adequacy of the projected income and expense for the first year of operation; (4 ) A copy of any mortgagee or ground lease that will remain on HOA property after transfer to the Association; (5 ) A copy of any contract between the sponsor and the HOA: (6) A copy of the proposed deed of HOA property from sponsor to the HOA; e (7 ) A copy of the recorded deed to the HOA property by which sponsor derived title or a copy of the contract of sale between the owner and sponsor if sponsor is the contract vendee; (8 ) A copy of the most recent financial statement of income and expenses for the operation of the property, if applicable; (9 ) Information known to the offeror(s ) which may result in extraordinary expenses for members or for the HOA including, but not limited to, assessments, liabilities, dangerous or hazardous conditions, pending litigation and administrative proceedings; (10 ) Evidence of compliance with local zoning laws and regulations , e.g. , construction permits , zoning resolutions, use permits, a certificate of occupancy if HOA property includes any buildings; and (11) Such other information as the Department of Law may require to be presented to each offeree. (f ) That the offeror (s ) agrees to furnish a complete copy of the application for a no-action letter and a copy of the no-action letter to each offeree prior to accepting any downpayment. (g ) That the offeror(s ) agrees to furnish, within five (5 ) days after a request by the Department of Law, copies of executed offeree affidavits required pursuant to subparagraph ( j ) of this section. (h ) That the use for which the unit(s ) and property are being offered will comply with the property 's certificate of occupancy, zoning, building and housing laws, rules and regulations . If the proposed use will not comply with the legally permissible use, a discussion of what steps must be taken to comply with or to change the legally permissible use and indemnification of which party will assume responsibility for taking such steps. (i ) Whether the offeror(s ) or its principals, have, within the preceding five (5 ) years , participated in any other applications 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. If so, the address of any property which was the subject of such application or offering. (j ) That an affidavit will be obtained from each proposed offeree prior to the closing on a unit that is subject to this application which will contain the following representations: (1 ) The offeree 's name, residence and business address and legal status (corporation, partnership, individual, etc) ; (2 ) That the offeree has read the affidavit of the offeror (s ) submitted as part of the application for a no-action letter; (3) That the offeree understands that no offering literature other than as required by the no-action letter will be provided; (4 ) That the offeree has inspected the subject property; This affidavit is made to induce the Attorney General 's Office of the State of New York to issue a no-action letter to Henry E. Appel. �_T_RANCIS q1VAN MANEN Sworn to be me this /3 Pi__day of June, 1990. NOTARY PUBLIC MARIE Q,M GNER NOWY Publle.State of New Yak No.41-4918371 Qualified in Queens County ,Commission Expires February 22, 1917- LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 146 RIVERHEAD, NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ July 13, 1990 Town of Southold Planning Department 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Melissa Spiro Re : Map of Henry Appel SCTM#1000-114-12-14 i Dear Melissa: Please find enclosed copy of letter dated July 7, 1990, from 'Jacqueline Orrantia, Assistant Attorney General. Our application for a No Action Letter, or Waiver from formal filing requirements has been approved by the Attorney's General Office. During some our most recent conversations concerning this application, left opened was the question of whether we would still l be required to file voluntary Covenants and Restrictions which would fall within the meaning of your requirement that we provide draft documentation of a Homeowner's Association. In view of the Attorney's General letter, please confirm whether the Planning Board require any other draft documentation for a Homeowner' s Association. Very truly yours, ROBERT F. KOZARSEWIIM—r RFK: Enclo�lure STATE OF NEW YORK DEPARTMENT OF LAW ROBERT ABRAMs120 BROADWAY Attorney General NEW YORK,NY 10271 FREDERicK K. MEHLMAN Assistant Attorney General in Charge (212) 341-2148 Real Estate Financing Bureau Robert F. Kozakiewicz , Esq, Peter S. Danowski, Jr. I / I 616 Roanoke Avenue Box _779 Riverhead, New York 11901 U o - la Re : Lands of Henry Appel Matti'tuck (Suffolk) N.Y. Sub 10/2/89 ---------------------------- Dear Mr. Kozakiewicz: The Department of Law has received and reviewed your application for a "no-action letter" concerning a transaction involving the above premises . On the basis of the facts and circumstances stated in, your letter and supporting documentation, the Department has determined that it will not take any enforcement action because the described transaction occurs without filing or registration pursuant to Sectior. 352-e and Section 359-e of the General Business Law. We understand that it is your opinion as counsel that the transaction is not sub-ject to those registration and filing requirements . This position is based solely upon the limited information supplied and representations made it jour letter and supporting documentation. An,, different set of facts or circ L'm.star.•::es Right resutlt In the Department taking a different position . Ir. addition, this letter only expresses ithe Department' s po-sition on enforcement action which could arise from the transaction occurring without filing or registration, and uc&E not_ purport to express any legal conclusion on this or any subsequent transaction or offering. The issuance of this letter shall not be construed to be a waiver or or limitation on the Attorney General' s authority to take enforcement action for! violations of Article 23-A cf the General Business Lac: and ether applicable provisions of law. Very truly yours , JACQ1�i , INE ORRAhTIA Assist nt Attorney General JO/fj -_-- Ju�CCC,E / LAW OFFICES PETER S. DANOWSKI, .JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD. NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SAI-Vi SECRETARIES April 11, 1990 Town of Southold Planning Department 53095 Main Road Southold, New York 11971 Attention: Melissa Spiro Ree Major Subdivision for Henry Appel SCTM# 1000-114-12-14 Dear 'Melissa: Per Planning Board Resolution adopted on March 5, 1990, enclosed please find check #076 in the sum of $15,351. 00 and check #077 in the sum of $3, 525. 00 with regard to the above captioned matter. Very truly yours, J ROBERT F. KOZAKIEICZ RFK:as Enclosures CJ Su�Fi� A15 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES April 2, 1990 Town of Southold Planning Department 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Melissa Spiro Re: Henry Appel iSCTM# 1000-114-12-14 Dear Melissa : Enclosed 'herewith please find copy of Offer of Dedication which this office has prepared with regard to the above captioned subdivision regarding Camp Mineola Road and Ole Jule Lane and New Suffolk Avenue . Please have the Board review, and advise this office if, there are any problems with same. Thank you . Very truly yours, C7 ROBERT F. KOZAKSEWICZ RFK:as Enclosures cc: Harvey Arnoff, Esq. Town Attorney4. _ V eV.J OFFER OF DEDICATION 12. 5 Wide Parcel on Camp Mineola Road This Offer of Dedication, dated the _ day of March 1990 , made by Henry Appel of 65-45 Myrtle Avenue , Glendale, New York, William J. Kluender of 64-06 Myrtle Avenue, Glendale, New York and Francis J. Van Manen of 581 Onderdonk Avenue, Ridgewood, New York, owners of the property shown on Major Subdivision Map of Henry Appel at Mattituck dated October 16, 1989 made by Howard W. Young, filed in the Office of the Southold Town Clerk on covering premises situate at Mattituck, Town of Southold, Suffolk County, New York, hereby irrevocably offer to cede title to the Town of Southold of the land areas designated on said subdivision map for widening of streets and of any other lands or easement or interest herein noted on said subdivision map for dedication to the Town , to the extent that the same are shown on said subdivision map, and for the foregoing purposes; said premises being bounded and described as follows : BEGINNING at a point, where the westerly side of Camp Mineola Road is intersected by the southerly side of New Suffolk Avenue; RUNNING THENCE southerly along the westerly side of Camp Mineola Road the following three (3 ) courses and distances: (1) South 17 degrees 41 minutes 20 seconds West 221. 00 feet; (2 ) South 16 degrees 07 minutes 00 seconds West 552. 48 feet; (3) South 7 degrees 32 minutes 00 seconds West 521. 93 feet to land now or formerly of Ronald A. Smith, et al; "ri' c' RUNNING THENCE North 81 degrees 07 minutes 40 seconds West along land nor or formerly of Ronald A. Smith, et al 12. 50 feet to a point; RUNNING THENCE northerly through the land of the party of the first part the following four (4 ) courses and distances: (1) North 7 degrees 32 minutes 00 seconds East 522. 58 feet; (2 ) North 16 degrees 07 minutes 00 seconds East 553 . 59 feet; (3 ) North 17 degrees 41 minutes 20 seconds East 187. 73 feet; (4 ) Curve to the left with radius of 25. 00 feet and a length of 47. 65 feet to the southerly side of New Suffolk Avenue; RUNNING THENCE easterly along the southerly side of New Suffolk Avenue the following two (2 ) courses and distances: (1) North 88 degrees 29 minutes 00 seconds East 30. 28 feet; (2 ) South 71 degrees 59 minutes 20 seconds East 17. 02 feet to the westerly side of Camp Mineola Road and the point or place of BEGINNING. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represent that they are the sole owners of the property shown on said subdivision map, and covenant and agree to reserve to themselves the right to convey to the Town for such purposes all of such land areas or easement or interest therein in all conveyances of lots or parcels on said subdivision map. Henry Appel William J . Kluender Francis J. Van Manen STATE OF NEW YORK COUNTY OF On the day of March, 1990, before me personally came Henry Appel, 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 COUNTY OF On the day of March, 1990, before me personally came William J. Kluender, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public STATE OF NEW YORK COUNTY OF On the _ day of March 1, 1990, before me personally came Francis J. Van Manen, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public .,.'ZT, i 4 � a OFFER OF DEDICATION 91.77 square feet -Old Jule Lane and New Suffolk Avenue This Offer of Dedication, dated the day of March 1990, made by Henry Appel of 65-45 Myrtle Avenue, Glendale , New York, William J. Kluender of 64-06 Myrtle Avenue, Glendale, New York and Francis J. Van Manen of 581 Onderdonk Avenue, Ridgewood, New York, owners of the property shown on Major Subdivision Map of Henry Appel at Mattituck dated October 16, 1989 made by Howard W. Young, filed in the Office of the Southold Town Clerk on covering premises situate at Mattituck, Town of Southold, Suffolk County, New York, hereby irrevocably offer to cede title to the Town of Southold of the land areas designated on said subdivision map for widening of streets and of any other lands or easement or interest herein noted on said subdivision map for dedication to the Town, to the extent that the same are shown on said subdivision map, and for the foregoing purposes; said premises being bounded and described as follows : BEGINNING at a point where the southerly side of New Suffolk Avenue is intersected by the easterly side of Ole Jule Lane; RUNNING THENCE from said point of beginning North 88 degrees 29 minutes 00 seconds East along the southerly side of New Suffolk Avenue 21. 33 feet to a point; RUNNING THENCE westerly on a curve to the left having a radius of 25 . 00 feet a distance of 35.32 feet to the easterly side of Ole Jule Lane; RUNNING THENCE North 7 degrees 32 minutes 40 seconds East along the easterly side of Ole Jule Lane 21. 33 feet to the southerly side of New Suffolk Avenue and the point or place of BEGINNING. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represent that they are the sole owners of the property shown on said subdivision map, and covenant and agree to reserve to themselves the right to convey to the Town for such purposes all of such land areas or easement or interest therein in all conveyances of lots or parcels on said subdivision map. Henry Appel William J. Kluender Francis J. Van Manen 1 STATE OF NEW YORK COUNTY OF On the _ day of March, 1990, before me personally came Henry Appel , 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 COUNTY OF On the _ day of March, 1990, before me personally came William J. Kluender, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public STATE OF NEW YORK COUNTY OF On the _ day of March 1, 1990, before me personally came Francis J. Van Manen, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public i`'3^r PB IMS LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 j PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD March 20, 1990 OF COUNSEL ROBERT F. KOZAKIEWICZ - PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES Town of Southold Planning Department ! 53095 Main Road Southold, New York 11971 i Attention: Ms . Melissa Spiro Re: Subdivision Applications Pending for Southold Town Planning Board Dear Melissa : In accordance with your request on March 16, 1990, I am writing with regard to "punch list" of items which we are waiting for from the Southold Town Planning Board. Henry Appel - We previously forwarded for your review a draft Offer of Dedication as well as copies of draft documentation concerning creation of a Homeowner ' s Association. I understand that these items have been forwarded for review by the Southold Town Attoreny . Please be kind enough to follow up with the Town Attorney to ascertain whether the draft documentation prepared by this office, meets with the Town ' s approval. Major Subdivision - Mattituck Creek Esates - formerly James Cohill, I understand that the Suffolk County Planning Commission has responded to the Planning Board' s letter and advises that this subdivision is not within its jurisdiction. As you may recall, v we were awaiting word from the Planning Commission in order to determine what, if any, Covenants and Restrictions would be required by your Board. We require this information as it was made a condition of the Board' s approval by Resolution of November 20, 1989 . Please bring this matter to the Board' s attention and be kind enough to advise this office what Covenants and Restrictions will be mandated by the Board, if any. Very truly yours, ] ROBERT F. KOZAKIEWICZ RFK:as " I � �} « _ CES ersEm ow.ows 'R. e: q0AHOKE _llliz eon m >e , ®. ! > _. a ~._• • z;m,w mm, ate». _ z m e .L- FAX 727-7441 .. av , ILL m . m«wN m: i& c23zzz. � m . r . »wow w! DATE: . z w ! }7a RE, ----------------------------------------------- RESPONSE - ems G II it >;73t L ?z _T,3Yi ,I Z U t h 0 1Zed t 1.'. -_ i a =Gn e e:�� l'p .d'ia ' HENRY E. APP7-1 fl .�Sa.C"amen'1:.3a. _ .. _..Sava r5 Lila on If i ;m z13F>'y �:a`i J� NF- Of L _ S =FlaiLL _.. -en w edged OTA Y e4: r_j^ W F. � U= � _ __ .mss� . _ ��i o0i;3l aj tc- and � ',�13TANRY PUBLIC 7 fi S CQ ir� rrr-.._:C� .:_t=4 II - nnz5 `r - I C _ li - fcb.bl1� - S o� r, == ■waw 3 _- Town Hall, 53095 Main Road SCOTT L. HARRIS Supervisor P.O. Box 1179 ' g"� '"E Fax (516) 765[1823 Southold, New York as 11971 Telephone (516) 765-1500 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1990 Robert Kozakiewicz 616 Roanoke Avenue Riverhead, NY 11901 RE: Major subdivision for Henry Appel SCTM# 1000-114-12-14 Dear Mr. Kozakiewicz: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 5, 1990 . WHEREAS, Henry Appel, William J. Klunder and Francis J. Van Manen are the owners of the property known and designated as SCTM# 1000-114-12-14, located at the southeast corner of New Suffolk Avenue and Ole Jule Lane in Mattituck; and WHEREAS, this major subdivision, to be known as Henry Appel Major Subdivision, is for 7 lots on 15. 3573 acres; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; 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 Board grant conditional final approval on the map dated October 16, 1989, and authorize the Chairman to endorse the final surveys subject to fulfillment of. the following conditions. All conditions must be met within six ( 6 ) months of the date of this resolution. 1. Submission of final maps ( 5 paper prints and 2 mylars) with the following information: A. A current stamp of Suffolk County Health Department approval. B. The Liber and page number of the filed Covenants and Restrictions. 2 . A copy of the recorded Declaration of Covenants and Restrictions. 3 . Submission of a bond, Letter of Credit, or the equivalent, for the amount of $58,750 . 00. 4. Submission of the inspection fee of $3 ,525 . 00. 5. Submission of the payment in lieu of land for Park and Playground purposes for the amount of $15,351.00 . 6 . Review and acceptance by the Planning Board and Town Attorney of the draft documentation for the Homeowner' s Association, and filing of same. 7 . Review and acceptance by the Planning Board and Town Attorney of the draft dedication papers for all areas to be dedicated to the Town of Southold. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. mf Chairman t �Sb�'LLUf� Town Hall, 53095 Main Road m . SCOTT L. HARRIS P.O. Box s� a Supervisor Southold, Neww York �r ire Fax (516) 765-1823 11971 . ' t° Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 5, 1990 Peter Danowski P.O. Box 779 Riverhead, NY 11901 RE: Henry Appel SCTM* 1000-114-12-14 Dear Mr. Danowski: Enclosed please find a copy of the February 27, 1990 resolution from the Southold Town Board approving the amount of $58,750 . 00 for the bond for the above mentioned major subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. (/ Chairman Encl. Ju/>FiGC Town Hall, 53095 Main Road P.O. Box 1179 .''; Southold, New York 11971 lUDITHT-TERRY ^',� f-' FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS 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 FEBRUARY 27, 1990: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $58,750.00 for a bond for roads and improvements in the major subdivision of Henry Appel, all in accordance with the recommendation of the Southold Town Planning Board. ✓✓ ���_Judith h T.T_ Terry (/ Southold Town Clerk it March 1, 1990 S pF La- LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES March 1, 1990 Town of Southold Planning Department Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Melissa Spiro Re: Major Subdivison for Henry Appel Suffolk County Tax Map No. 1000-114-12-14 Dear Melissa: In accordance with Mr . Orlowski ' s letter dated February 14, 1990 , find enclosed copy of my letter dated September 22, 1969 to the Attorney General ' s Office wherein the applicant seeks an issuance of a No Action Letter in lieu of a formal offering plan filing . Also find enclosed, a proposed Offer of Dedication with respect to all areas previously indicated as proposed to be dedicated to the Town of Southold. Very truly yours, ROBERT F. KOZAKIEWICZ RFK/as Enclosure LAW OFFICES PFTER S. DANOWSKI, JR. 615 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD. NY 11901 (516) 727-4900 PETER S_ DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN September 22, 1989 ALICE SALVI SECRETARIES Attorney General's Office 120 Broadway 23rd Floor New York, New York 10271 Attention: Jackie Orrantia Re:� Henry E. Appel No Action Letter Dear Ms . Orrantia: Enclosed herewith please find the following documentation with regard to our application for a No Action Letter: 1. Statement regarding Income and Expense; 2. Affidavits of the Henry E. Appel , William J. Kluender and Francis J. Van Manen, Offerors; 3. Letter dated May 23, 1989 by Henry E. Appel ; _. 4. Projected Budget; 5. Letter from Scott L. Harris, Assessor for Town of Southold ' 6. Latest Map dated March 24 , 1988. Thank you for your anticipated cooperation. V� truly yours, t ROBERT F. KOZ IEWICZ RFK:as Enclosures OFFER OF DEDICATION This Offer of Dedication, dated the _ day of March 1990, made by Henry Appel of 65-45 Myrtle Avenue, Glendale, New York, Ruth Kluender of 64-06 Myrtle Avenue, Glendale, New York and Francis J. Van Manen of 581 Onderdonk Avenue, Ridgewood, New York, owners of the property shown on Major Subdivision Map of Henry Appel at Mattituck dated October 16, 1989 made by Ho=ward W. Young, filed in the Office of the Southold Town Clerk on covering premises situate at Mattituck, Town of Southold, Suffolk County, New York, hereby irrevocably offer to cede title to the Town of Southold of the land areas designated on said subdivision map for widening of streets and of any other lands or easement or interest herein noted on said subdivision map for dedication to the Town, to the extent that the same are shown on said subdivision map, and for the foregoing purposes; said premises being bounded and described as follows : BEGINNING at a point, where the westerly side of Camp Mineola Road is intersected by the southerly side of New Suffolk Avenue; RUNNING THENCE southerly along the westerly side of Camp Mineola Road the following three (3 ) courses and distances: (1 ) South 17 degrees 41 minutes 20 seconds West 221. 00 feet; (2 ) South 16 degrees 07 minutes 00 seconds West 552. 48 feet; (3 ) South 7 degrees 32 minutes 00 seconds West 521. 93 feet to land now or formerly of Ronald A. Smith, et al; RUNNING THENCE North 81 degrees 07 minutes 40 seconds West along land nor or formerly of Ronald A. Smith, et al 12 .50 feet to a point; RUNNING THENCE northerly through the land of the party of the first part the following four (4 ) courses and distances: (1) North 7 degrees 32 minutes 00 seconds East 522 . 58 feet; (2) North 16 degrees 07 minutes 00 seconds East 553 . 59 feet; (3 ) North 17 degrees 41 minutes 20 seconds East 187.73 feet; (4 ) Curve to the left with radius of 25. 00 feet and a length of 47 . 65 feet to the southerly side of New Suffolk Avenue; RUNNING THENCE easterly along the southerly side of New Suffolk Avenue the following two (2 ) courses and distances: (1) North 88 degrees 29 minutes 00 seconds East 30 .28 feet; (2 ) South 71 degrees 59 minutes 20 seconds East 17 . 02 feet to the westerly side of Camp Mineola Road and the point or place of BEGINNING. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represent that they are the sole owners of the property shown on said subdivision map, and covenant and agree to reserve to themselves the right to convey to the Town for such purposes all of such land areas or easement or interest therein in all conveyances of lots or parcels on said subdivision map. Henry Appel Ruth Kluender IDR. Francis J. Van.,Manen R.' ` 2 'r:o; ; STATE OF NEW YORK COUNTY OF On the day of March, 1990, before me personally came Henry Appel , 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 COUNTY OF On the _ day of March, 1990, before me personally came Ruth Kluender, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public STATE OF NEW YORK COUNTY OF On the _ day of March 1, 1990, before me personally came Francis J. Van Manen, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same . Notary Public i S�FFOLAr ITown Hall, 53095 Main Road P.O. Box 1179 �® • �0� Southold,New York 11971 JUDITH T.TERRY FAX(516) 765-1833 TOUN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS 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 FEBRUARY 27, 1990: i'- RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $58,750.00 for a bond for roads and improvements in the 1I t major subdivision of Henry Appel, all in accordance with the kl fI1.V recommendation of the Southold Town Planning Board. i. i. ±1 i i Judith T. Terry Southold Town Clerk , March 1 1990 1 i i ' jll Town Hall. =3093 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (5 16) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Judith T. Terry Southold Town Clerk Main Road Southold, NY 11971 RE: Major Subdivision for Henry Appel SCTM# 1000-114-12-14 Dear ills . Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990 . RESOLVED to adopt the bond estimate dated October 31, 1989 and revised by the Planning Board on January 6, 1990, and to recommend same to the Town Board. The bond estimate is in the amount of $58,750. 00, with an inspection fee in the amount of $3, 525 . 00. Please contact this office if you have any questions regarding the above. Very truly yours, �z�y� �ti•r���',�� Bennett Orlowski, Jr. f Chairman MS Encl. : Bond estimate J6y i 4` B` Town Hall. 53095 bfain Road P.O. Box 1179 Southold- New York 11971 TELEPHONE (516) 65-1933 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Robert F. Kozakiewicz 616 Roanoke Ave. P.O. Box 779 Riverhead, 13Y 11901 RE: Major Subdivision for Henry Appel SCTM# 1000-114-12-14 Dear Mr. Kozakiewicz : The following took place at the meeting of the Southold Town Planning Board on Tuesday, February 13 , 1990 . The final public hearing, which was opened on December 18, 1989, was closed. As requested previously, the Planning Board awaits the following: 1. A draft of the documentation for the Homeowner' s Association. 2 . Dedi-cation papers for all areas to be dedicated to the Town of Southold. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. f Chairman MS/hp Town Hall. 33093 Main Road P.O. Box 1179r:_ d Southold. New York 11971 j TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14 , 1990 Robert Kozakiewicz 616 Roanoke Ave. P.O. Box 779 Riverhead, NY 11901 RE: Major Subdivision for Henry Appel SCTM* 1000-114-12-14 Dear Mr. Kozakiewicz: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13 , 1990 . RESOLVED to adopt the bond estimate dated October 31, 1989 and revised by the Planning Board on January 6, 1990 , and to recommend same to the Town Board. The bond estimate is in the amount of $58,750. 00, with an inspection fee in the amount of $7 , 525 . 00. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. /;7S Chairman MS Encl. : Bond estimate PLANNING BOARD 9 FEBRU.AR'13 , 1990 Mr. Orlowski : I believe you got a letter on the 19th of January but I don' t see anything else in here. Mr. Raynor: If the board does not have it I can forward a copy to them in the morning. Mr. Orlowski: It' s not complete. Mr. Raynor: O.K. , I ' ll be very happy to do that. Mr. Orlowski: Any other 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: No further questions, I ' ll declare this hearing closed. Hearings Held Over From Previous Meetings : Mr. Orlowski : James H. Bailev - This lot line change is located on Fishers Island. SCTM #1000-12-2-6. 10 . The board is still waiting for comments from the Suffolk County Planning Commission so we will have to keep this hearing open. I' ll ask if anyone has any comments at this time? Hearing none, I ' ll entertain a motion to keep this hearing open. Mr. Latham: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski: Mr. Orlowski: Opposed? So ordered. Mr. Orlowski : Mr. Henry Appel - This major subdivision is on 15 . 3573 acres located at Mattituck. SCTM 1000-114-12-14. We have the bond estimate which we have waited for,and is what we kept the hearing open for. The bond estimate is in the amount of $58 ,750 . 00 , with an inspection fee in the amount of $3 ,525 . 00 . I ' ll ask if anyone has any comments r on this subdivision? Hearing none, everything is in order to close this hearing. PLANNING BOARD 10 FEBRU1,1 13 , 1990 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. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I' ll entertain a motion to send the bond estimate over to the Town Board for its approval. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski: Mr. Orlowski : opposed? So ordered. Mr. Orlowski: Alan Cardinale: (James Creek) - This minor subdivision is on 15 . 9012 acres located at Mattituck. SCTM #1000-122-3-1. 4 . We still haven' t received comment from the Suffolk County Planning Commission. I ' ll ask if anyone has any comments regarding this subdivision? Hearing no comment, I ' ll entertain a motion to keep this hearing open. Mr. McDonald: I move that we keep the hearing open. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Latham. Mr. Orlowski : Opposed? So ordered. Mr. Orlowski : North Road Associates - This minor subdivision is on 16. 886 acres located at Orient. SCTM # 1000-18-4-1 . We have not yet received comment from the Suffolk County Planning Commission so we will also keep this hearing open. I' ll ask if there are any comments while the i 1 .> r Wo Town Hall. 53095 Main Road P.O. Box 1179 A, ym �A Southold. New York 119-71 r_ w6 , TELEPHONE (5 16)765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Robert F. Kozakiewicz 616 Roanoke Ave. P.O. Box 779 Riverhead, NY 11901 RE: Henry Appel SCTM# 1000-114-12-14 Dear Mr. Kozakiewicz : The following took place at the meeting of the Southold Town Planning Board on Thursday, January 18 , 1990 . The final public hearing, which was opened on December 18, 1989, was again kept open. The hearing will kept open until the Planning Board receives the following: 1 . The Engineer's review of the bond estimate. 2. A draft of the documentation for the Homeowner' s Association. Please contact this office if you have any questions regarding the above. Very truly yours, a Bennett Orlowski, Jr. 5 Chairman s4! LAW OFFICES PETERS. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516)727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES January S, 1990 Town of Southold Planning Department Town Hall Main Road Southold, New York 11971 Attention: Melissa Spiro Re: Major Subdivision - Henry Appel Dear Melissa: In accordance with our telephone Conversation of above date, enclosed 'herewith please find check in the sum of $200 .00, which is the fee required by the Town 's Engineer to review the bond estimate with regard to the above captioned matter. Thank you . Very truly yours, r � ROBERT F. KOZAKIEWICZ RFK:as Enclosure r Town Hall, 53095 Main Road P.O. Box 1179 F Southold. New York 1.1971 TELEPHONE - - (516)165-1938 - PLANNING BOARD OFFICE ! ' TOWN OF SOUTHOLD January 8, 1990 - Robert F. Kozakiewicz 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision Proposal for Henry Appel 5CTM4 1000-114-12-14 Dear Mr. Kozakiewicz: Enclosed please find the Town Engineer ' s estimate of $200.00 for his review of the bond estimate. A review of our records indicates that an application fee of $126.50 was submitted on March 24 , 1986 for the above mentioned subdivision. This fee no longer covers the latest expense. Therefore, the Planning Board requests that you submit payment in the amount of the estimate ( $200 . 00) , to cover these additional costs. Upon submission of the payment, the Board will authorize the engineer to continue with the review. Very truly yours, 14Ltz-" L' Bennett Orlowski, Jr. „y Chairman HIS opn SI E i JAN �t . Y may^. a Town Hall. :3095 Main Road P.O. Box 1179 - � Southold. New York 11971 TELEPHONE (5 16)765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 8, 1990 Robert F. Kozakiewicz 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision Proposal for henry Appel SCTM$ 1000-114-12-14 Dear Mr. Kozakiewicz : Enclosed please find the Town Engineer' s estimate of $200 . 00 for his review of the bond estimate. A review of our records indicates that an application fee of $126. 50 was submitted on March 24, 1986 for the above mentioned subdivision. This fee no longer covers the latest expense. Therefore, the Planning Board requests that you submit payment in the amount of the estimate ( $200 . 00) , to cover these additional costs. Upon submission of the payment, the Board will authorize the engineer to continue with the review. Very truly yours, Bennett Orlowski, Jr. 61 Chairman ms s��4 V. 4a.2 dQC P•;,V vGLLr�- rT /�'�-cPctC.r � E� Sidg' S.`ow.13.PS.L.a' 1. Reiana Anders to -v—eb" F•enk Lapab.onr Pilger� Cdccnl IS �ijencr i goad Franca J.Lynn •' "�' r_'.'i.Fvt-`�cvs. e. ALta/ COP s /� Rahazv --.S;4nton a.e Sami"i tOwn, N.T. 11787 '�'( � Philip ScnlERr:ei ;ii,.ai W.=rox'rn.La. rd; 7 a 1 / ��LJnKa, ;clown F,sreyrc. A. f?G'x.:-an. -.P.. `-..., ;.16) . 24-031 11E�/ZL' Poal'F 9revem oI JCCq!✓�A"L� m mrn'r Blyne George A.Siyie.P c. (ii _ b Pi.nzre a weer JE-ry G.r•-+man[.P.E. To ,E}.- ( t� � b`-tAM5E G-€arse L.pagan,-f..An r7,.P.c. Th=mos R ryncho9,L.3. yyf2�l G�w1c.4� r TH� -DMC L 1.4=L�i�l.rr W`ny�:J r�t�/dTFiS . SIDNEF Q . BOWNE & SON . . . S33 FAX NO. ( 516) 724- 0315 A4-,-,o - CKLt{ 60411FACSIMILE COVER SHEET 7-T4�-- Zt� �aGL i Fob_ PL7 TO = FICF�Pcti�l � f rO•Li: - I�1�. 1"f�i�Go+a�A l�i✓(. � I !. NO . OF =AGES ( i.'�CLUCING THIS SHEET) : Z - CMENTS : IF VOU OHO NOT RECEIs'E ALL THE PAGES AS INDICA—iED ABOVE . .r PLEASE CALL, LIS AT 515-724-0611 AS SODA AS POSSIBLE, 0W �, f t .)A11J - .�i ISSN �L -_ t � ` , , -.�t_a_:s tr�T � a,:IRs'r YoRsc eITY ee'.`ipl+iAreR �n 2;.zi--pp*rymw C.w% r'er MIP'l, ?. TO: Southold Town Board FROM: Bennett Orlowski, Jr. - - Chairman z2: =` RE: Park and Playground Calculations: Farmveu SCTM# 1000-114-12-14; ✓j Wild Oats SCTM# 1000-86-4-6; Henry Appel SCTM# 1000-120-3-8. 1, 1000-121-3 s r: DATE: December 12, -1989 As per Section A106-38 (A) of the Town Code, the Planning Board r calculates the amount of land for Park and Playground purposes by the following formula: Five (5 ) acres of recreation area for every one hundred (100) families or dwelling units. �t The calculations for the above mentioned subdivisions are as follows: Farmveu- 47 lots on 111.764 acres 2. 35 acres are required for park and playground purposes. k Wild Oats- 6 lots on 14.734 acres 0 . 3 acres are required for park and playground purposes . Henry Appel - 7 lots on 15. 3573 acres 0 . 35 acres are required for park and playground purposes. s �^ P P-- LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. 60X.779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ - PAMELA A- BLAKE GRACE GAR EILEEN L. BRACKEN ALICE SALVI SECRETARIES January 4 , 1990 Town of Southold Planning Department Town Hall Main Road Southold, New York 11971 Attention: Melissa Spiro Re: Major Subdivision - Henry Appel Dear ;Melissa: Enclosed herewith please find two mylar prints and three paper prints with updated Department of Health Services ' stamp as of December 15, 1969 . I understand you may require additional prints before this matter can be scheduled for final hearing. Please contact me to advise what, if any, additional prints you require. Thank you. Very truly yours , ROBERT F. KOZAKIEWICZ RFK:as Enclosure lLH islrt q IggQ > ' N ..r �a Town Hall. 53095 Ntain Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516) ?65-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 21 , 1989 Peter Danowski, Jr. P.O. Box 779 Riverhead, NY 11901 RE: Henry Appel SCTM #1000-114-12-14 Dear Mr. Danowski: The following action was taken by the Southold Town Planning Board on Monday, December 18 , 1989 . The final public hearing, which was opened on December 18, 1989 , will remain open until the Planning Board has reviewed the bond estimate. As requested previously, the Planning Board awaits the . following: 1 . Maps with updated Health Department approval. 2 . A Draft Documentation for the Homeowner' s Association. , Enclosed please find a copy of the Town Board' s December 12 , 1989 resolution, determining that $15 , 351. 00 be deposited with the Town in lieu of land for Park and Playground. If you have any questions, please do not hesitate to contact this office. Ve-ry: truly yours,-.. l /J i � �eiinett Orlowski, Jr. - Chairman ' 3s7i Town Hall. 33095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Decembe-pk ao , 1989 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: I6jjv-u xcpe'� Tax Map No. : /19oo _ a/y_ Y;L_ ,y Bowne File No. : 9'717 6 Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / 89) Preliminary Subdivision Map (Dated / / 89) �(. Final Subdivision Map (Dated /o / 89) Road Profiles (Dated / / 89) Grading and Drainage Plans (Dated / / 89) Other (Dated / / 89) Sketch Site Plan (Dated / / 8'9) Preliminary Site Plan (Dated % / 89) _ Grading and Drainage Plans (Dated / / 89) Other (Dated / / 89) Please develop an estimate of what it will cost to un ertake the following review of the enclosed plan (s) : evie o J' \�Drv� So6fn h �Ag g. pL.e&�A� , S'ucv1Qervvas azti; 2 w16 X87 UE'pnpr: -TIPosP �nn�c�v i� anya9D�}� P inCvr t,en T ed�d _ 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. '�n•S, Chairman. cc: John Cushman, Accounting Department 2 1 el,l 111-<L] Pmas.cArul E.�y{no..ff f�.d �ucwym �__ - :rorn+rw+lJ W. YWr' 'U�I�IULD IOl,B PLAPIRIRG PIAi!D October 31, 1909 i Peter S. Da.noaski, 3r. , Esq. 616 R—Zar.C4-e Avenin P.O. Sox 7'9 Riverhead, New Yank 11301 RE: HENRY APPEL at Mattituck, T/O Southold, N. Y. (85-0158) Dear Mr. Oancwski: The enclosed entimate o 1nfraSt!' Ct:Sre constru tion CGsts for the above &-afer-ancel S,.jwAjV4Sion JS transmitted for your us®. If you haVe hny Tua. taons regarding this estimata, please contact this aff"Ca. Very truly yours, Thomas C. Wolpert, P.E. TCW/a j t Encl. bac: HWY Lr f �ULf 9ctcber 31, 1989 _o frvm PLAINlp!g Nonry Appel atttstuck, i!0 Southold, .ufb01k County, New York Ts.s. F"-t+�tsn..E"t'!� E'S^ �[ 1fn. '�Y ^ Taw Clearing a Gruabin 0.2 A.cras 2 , S00.00 $ 500. 00 is" ois m. Cy m d a:p 160 L.F. 0.00 3, 200, 00 Catch Baw.ns 3 arch 2,000. 00 6, 000.00 Lo-awning iOe18 15 Sach 2,000.00 32, 000. 00 Co"Crate °cvrb 30 L. P. 12.00 720.00 Crushed Skdrs oda 45 C.Y. 50. 00 21250.00 Bim° . pa'VIF-ant 35 Tans 80.00 2, 800. 00 TOuaOil L .iie6dina 600 S.V. 3.00 3, 000. 00 Coho. Monumenta 5 Bach 80.00 400.00 S0,E70. o 1. Application, 706 (51,000.00 plus $100 . 00 per acro Oa ;z~t th ruo') - '�1, OO. Ov + (16 X Slay.CO per 2, 600. 00 2 • F--a (51, :=s mrou nt of approved pa rbQrmancs Zz dJ P� G $500a70. 00 = 2t543 . 50 Total Miscolla;12oUs Casts $ 51I43 . 90 A. 1ROsd & Crain-aga $50, 270. 00 B. miscdllan�0�115 Cants 5 ,143. 50 $56, 013 . 50 � C : ! f [. l ®S�FFOL/( kl if l 't DE �x S Town Hall, 53095 Main Road M. SC'TYt4LL?CJ? P_O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516) 765-1801 REGISTRAR OF VITAL STATISTICS 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 DECEMBER 12, 1989: RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $15,351 .00 shall be deposited with the Town in lieu of land for Park and Playground purposes in the major subdivision of "Henry Appel" at Mattituck, of which sum $100.00, being the appraisal cost, shall be deducted and payable to the General Fund, and the balance deposited in the Park and Playground Trust Account. judith T. Terry (/ Southold Town Clerk December 14, 1989 "JI - - 4 1- Notice of Public Hearing - that NOTICE IS HEREBY GIVEN. STATE OF NEW YORK) ;41 ®EC l: i �� Pursuant m Section 276 of the Town Law,a public hearing will be ) S) held by the Southold Town Planning COUNTY OF SUFFOLK) + :i_�sg� Board,at WerTown 1I:°�-�r Road ` : ?Le4"dQMR ittlG E!`ART'� Southold,New York in said Town on - _ -- j We uesLi of y of December, ; on' Patricia Heaney of Mattituek in" J the question of the following; t 7:30 pm. Final approval of the. ! said County, being duly sworn,says that he/she is Principal fl let line change of Marfa HusSouthold, Clerk of THE SUFFOLK TIMES a Weekly Newspaper, N to®ted a the Town of-Southold; . ' t Y County of Suffolk and the Store of New York.Suffolk Comity Tax Map published at Mattituck, in the Town of Southold, County of u Number 1000-122-7-8.2,126-2-152 Suffolk and State of New York, and that the Notice of which The property m bordered on the the annexed is a printed copy,has been regularly published in North by Main Road;un the east by Sigsbee Road; on the south by said Newspaper once each week for —I weeks PccOnic Bay Boulevard;on We west by land now or formerly of Lmd of successively, commencing on the 7th day of - - the NaureConservancy. December 1939- 7:M p.m. Final approval of the major subdivision of Henry Appel, located at the Town of Southold, t Comfy of Suffolk and Sante of New York. Suffolk County Tax Map ,j- NmnberlOOD-114-12-14. - The WoPerty is bordered on clic /` j PrineipAl Clerk - north by New Suffolk Avenue- on t/! the eon by Camp Morena R04,of the south by land now or formmarlerly of Ronald A.&.Hcasion Atm,Smith, P?ar7Y k". D�i=NkM1i by land now or formerly If Robert F. f FdOT4^•;n y 3L 9 PZC_PJ &Male Katoris;on the wen b3'Ole, Swam to bdf re this Juk r day of Y�LJ ✓ t ';er:e. 7:4040 p.m. Final approval of We I major subdivision of Auguar Acres, ' located e[ the Town of Southold; _- Cowry of Suffolk and State of New York. Suffolk County Tax Map' Number 10(50-53A-44.1- �.i The P1OPcAY is bordered on the north by land now or formerly Of I. Posilliw,by Kerwin Boulevard,by _ Bayshom Road, by land now or formerly of Ruthkowski, by land ' now or formerly of peconic:Bay _. EnAM.by Wells Land;on the east by land now or formerly of Pecmnic - BAY Foran•,by land now,or formerly 1 of Leporm.by lard now or formerly ry of Kalbacker,by a Right-of-way of _ IP Pekunke;on the south by land now or formerly of Adam Pekua,. by ` land now or formerly of Sage Estate; un the wen by land now or formerly - of Sage Estate 7:45 p.m. Final approval of the minor subdivision of Scott Kaufman, locaLed at the Town of Southold, Cmmty of Suffolk and State of Nety York. Suffolk County Tax Map Number 1000-97-3-20. The Property is bordered on the north by land now or formerly of Greerberger,on the can by land now or formedy of G_bcmer,on the south by Eugeme'a Road;ou the wear by land now or formerly of SreP- nou". 7.50 p.m. Final approval Of We minor subdivision of Charles Sim- -rnonr,--lwatcd at the.Toxo of Sou Wold, County of Suffolk and - Stan:of New York.Suffolk Coanry Tex Map Number 1000-112-1-8. - The property is bordered on We _ north by Long Island Sound;on the east by land now or fomuedy of An- dersmn,by land now or formurly by Koroleski; on We south by Sound . Avenue;on We weal by land now or formerly of Harbor,by land now or formerly of Holm. Any person dosirmg to be heard or. the above mat=should appear at the tip and place speofic& p� Damd:Dcmnber4,1989 %I BY ORDER Of THE SOUTHOLD TOWN' PLANNING BOARr BENNETT ORLOWSKI,IR' 6517-1TD7 11111 e li pp GI u� uh �E F , LEGALS NOTICE Estate;on the west by land now Notice of Public Hearing or formerly of Sage Estate. NOTICE IS HEREBY 7:45 p.m. Final approval of GIVEN that pursuant to Section the minor subdivision of Scott 276 of the Town Law, a public Kaufman, located at the Town hearing will be held by the of Southold,County of Suffolk Southold Town Planning Board, and State of New York.Suffolk at the Town Hall, Main Road, County 7bx Map Number 1000- Southold, 000.Southold, New York in said 97-3-20. Town on the 180 day of The property is bordered on December, 1989, on the ques- the north by land now or tion of the following: formerly of Greenberger;on the 7:30 p.m. Final approval of east by land now or formerly of the dot line change of Martha Greenberger; on the south by Husing, located at the Town of Eugene's Road; on the west by Southold, County of Suffolk land now or formerly of and the State of New York. Suf- Steprtoski. folk County Tax Map Number 7:50 p.m. Final approval of 1000-122-7-8.2, 126-2-15.2, the minor subdivision of The property is bordered on Charles Simmons, 'located at the the North by Main-Road;on the Town of Southold, County of east by Sigsbee Road; on the Suffolk and State of New York. south by Peconie Bay Bottle- Suffolk County Tax Map Num- vard; on the west by land now ber 1000-112-1-8. or formerly of Land of the The property is bordered on Nature Conservancy. the north by Long Island Sound; 7:35 p.m. Final approval of on the east by land now or the major subdivision of Henry formerly of Anderson, by land Appel;llocated at the Town of now or formerly of Koroleski; Southold, County of Suffolk on the south by Sound Avenue; and State of New York.Suffolk on the west by land now or County Tax. Map Number formerly of Harbes, by land 1000.134-12-14.,,. now or formerly of Holts. Thetproperty:is bordered on Any person desiring to be the north by New Suffolk Ave- heard on the above matter nue; on the east by Camp should appear at the time and Mineola Road; on the south by place specified. land now or formerly of Ronald Dated: December 4, 1989 A. &Hession Anne Smith, by BY ORDER OF land mow or formerly of Robert THE SOUTHOLD TOWN F. &Marie Kalous; on the west PLANNING BOARD by Old Jule Lane" BENNETT ORLOWSKI JR. 7:40 p.m. Final approval of CHAIRMAN the major subdivision of August 1X, 12.17/89 (9) Acres, located at the Town of Southold, County of Suffolk and State of New York.Suffolk County Tax Map Number 1000-53-4-44.1. The property is bordered on the north by land now or formerly of J"Posillico,by Ker- win Boulevard, by Bayshore Road,by land now or formerly of Ruthkowski,by land now or formerly of Peconic Bay Estates, by Wells Land; on the east by land now or formerly of Pecordc Bay Estates, by land now or formerly of LaPorta, by land now or formerly of Kalbacker, by a Right-of-way of Pekdnka; on the south by land now or formerly of Adam Pekunka,by land now or formerly of Sage COUNTY OF SUFFOLK ss: 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 Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .7 . . . . . . . . . day of . . . �.. . . .. 19 . �7I. F Lam✓ . . . . . . . . . . . . Sworn to/ before me this . . . . . . . . .. . .�. . . . . . . . day of o , n . . . . . . . . . . . . . . . . . . . Notary Public TTSEIP;, A. c t-¢_"_.a York C. ='.9i'`$1"b CC :a;SSIOB F�cii.._ S�0U 3��i ��g 1 yam + _ , �N- 4 Town Hall- 33095 Main Road -- -b »�+ P.O. Box 1179 Southold. New fork 11971 , _ n TELEPHONE (516) '65-1939 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21 , 1989 Peter Danowski,Jr. P.O. Box 779 Riverhead, NY 11901 RE: Henry Appel SCTM #1000-114-12-14 Dear Mr. Danowski: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989 . RESOLVED that the Southold Town Planning Board set Monday, December 18, 1989 at 7: 35 p.m. for a public hearing on the final maps . Please note that as discussed previously with your office, the Planning Board awaits the following: 1. Maps with updated Health Department approval. 2 . An updated bond estimate. 3 . Draft Documentation for the Homeowners Association. Documentation that the Homeowners Association has been filed must be submitted prior to endorsement of the map by the Chairman. If you have any questions, please do not hesitate to contact this office. --Very truly yours, 6-- `-bennett' Orlowski, Jr. � Chairman jt LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NV 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516)727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ - PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES October 31, 1989 Town of Southold - Planning Office Main Road Southold, New York nn-1 Attention: Melissa Spiro: Re: Map of Henry Appel at Mattiuck Dear Melissa: Enclosed herewith please find three copies of paper prints containing Suffolk County Department of Health Services stamp dated May 24, 1989 with regard to the above captioned matter . Very truly yours, ROBERT F. KO IEPWICZ RFK: as Enclosure HAND DELIVERED LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE - P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 7274900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ L. October 26 , 1989 EILEEN ALICE SALVIKEN SECRETARIES Town of Southold Town Hall 53095 Main Road Southold, New York Attention: Melissa Spiro Re: Henry Appel at Mattituck Dear Ms . Spiro: Pursuant to discussions held at your Office, please find enclosed 12 prints of a subdivision map, above described, and revised to indicate the proposed location of a fire well. Very) truly yolrrs, PETER S . DANOWSKI, JR. ij V PSD`kpb Enclosures cc : H. Young BY HAND � c Town Hall, 53095 !Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (5 16)763-1933 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 10/06/89 Peter Danowski,Jr. P.O. Box 779 Riverhead, NY 11901 RE: Firewell locations SCTM #1000-107-1-2 SCTM 41000-114-12-14 SCTM *1000-125-2-2. 2 Dear Mr. Dandwski: Enclosed please find a copy of the map indicating the fire well location as requested by the Mattituck Board of Fire Commissioners. Please include this on your final mylar map. If you have any questions, please do not hesitate to contact this office. Very truly yours-p ,,: v ENNET2' ORLOWSKI ,JR. CHAIRMAN enc. jt ' � z I N'82027'20"W U-1 225_0d 2 o z OPEN SpgCE J o 0 7.8504 ACRES n 3 n (14.6 ) 44625 S.F N.82027'20'W 1 LLI 300.00' J o 0 4 b � 45000 S F -00 ( 14.4) 0 m N-82°2720"W, , 300;30' / W o �: J N g W 0 - 45000 S.F oo C (14.5 ) O N 1[l Kf h D SECTION 114 z c BLOCK 12 o S820272 E a n300.00 Er BLOCK SECTION1 122 7'2° C1 TEST WELL NO, 1 0 Q Li O n yosrHxE 6 pi 45000 o D S.F `O ( ! ) 00 m N U n U I W O 0 O N.82°27'20'W J J 0] m (V300.00, in v Z o 7 n1 w V, 3 3 n 46pz 3 S.F v o 0 0 1 NN N O n 0, W z c H h 300.08, 1n MON N.81 "fl3'N 07401'w I 11.4'E. 12.50' 19T41' z` v n/f Robert a 503 g9' MON. Marie Ka'IOUs d a for O E Ronald q � merly OWE Smith Hession Anne J ' Lj I If �.,:. Phone 298.6633 MATTITUCK FIRE DISTRICT P.O.BOX 666, 1000 PIKE STREET - mxrmUCK, LONG ISLAND, N.Y. 11952 - -- -- -— —" L 9 V a September 15, 1989 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Southold, N.Y. 11971 Dear Sir: Enclosed are maps of sub-divisions proposed for the Mattituck Fire District protection. Listed below are the recommendations of the Mattituck Fire District Board of Fire Commissioners : FRANKLINVILLE HOMES : FIREWELL ON PROPERTY LINE OF LOTS 8 AND 9 " If " IT 12 AND 13 ADAM ASSOCIATES : THE PROPOSED FIREWELL RECOMI%ENDED FOR THE SHOPPING PLAZA AT COX NECK LANE !k ROUTE 48 WILL BE SUFFICIENT FOR THIS SUBDIVISION. HENRY APPEL: FIREVIELL AT SOUTH WEST CORNER OF LOT #7 JAMES COHILL : FIREWELL AT NORTH I-JEST CCRNER OF LOT #1 If AT SOUTH EAST IfOF LOT #9 =TRY RUTKOWSKI : SUFFICIENT PROTECTION IS AVAILABLE. Any question on these proposed recommendations please contact the Board of Fire Commissioners - 298-8833, Cordially, ohng tect. T�tattit4o' Fi Dist. N Town Hall. 53093 blain Road P.O. Box 1179 Southold. New York 11971 ' TELEPHONE (516)765-1939 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 18, 1989 Robert F. Kozakiewicz 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Proposed Subdivision for Henry Appel SCTM# 1000--114-12-14 Dear Mr. Kozakiewicz: The bond estimate, which was received by the Planning. Board nn October 16 , 1987 , for the above mentioned subdivision must be updated. A list of estimated unit prices for the bonding of subdivision construction, and an example of the bond estimate from another maior subdivision, are enclosed for your assistance. Please submit the updated bond estimate to this office. Please contact this office if you have any further questions. z ry trLIAY ou s Bennett Orlowski, Jr. Chairman enc. . �, r_ . .. �� � i _ _ _ _ � --� • s _� — � � ��S`` i�Ps�ric�ic���Sau� �e�2�ie�e_��d=01��e —_: ----- - b�r—�--_ _ ------__------- -- � --r` -�-----. __�� n —_----._— —��S2ar.P�o�` --- — __.—_,-_ CJQ�C Cox ._ �� `6��.�J��'r�$CU_�CiP�.—�f��14�£t—�Li".N�`�_-- . f �/ ----- — -���-�—�e�r�ra�e ll . �..e� — ---------------. — -- —=-- ------- ---- - ----------- --------f .a F AUG 3 Q1,089 f -J U 5 �l _ �--Town Hall, 53095 Main Road Y P.O. Box 1179 .1.L -'iif authoid, New York 11971 1GDITH T_TERRYj� FAX(516)765-1823 :oxv CLERKTELEPHONE(516) 765-1801 REWSTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 30, 1989 Lewis Edson First Towne Realty Main Road Southold, New York 11971 Dear Lew : The Southold Town Board, at their regular meeting held on August 29, 1989, adopted a resolution engaging your services for the purpose of conducting an appraisal for the subdivision of Henry Appel, located at Mattituck, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section 106-38.E(3) of the Code of the Town of Southold. The subdivision map is enclosed herewith. When you have completed your appraisal, please file it with me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure / cc: Planning Board✓ =:a,:derd N.Y.B. .U.Form 9�10i• —Eseewor' Deed—I rdi"Edual or Co,poracecn I�iagle 5heerl / CONSULT YOUR LAWYER BEFORE SIGNING THIS iNSTRk,;M'MT THIS :NSTRUMEHT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 113' day of May nineteen hundred and eighty–eight r; BETWEEN = HENRY E. APPEL 44406_- residing 406_residing at 59-52 70th Street, Masprtff, New York % . % n as executor of J;� jp the last will and testament of CHARLOTTE APPEL lace:' ate:of 59-52 70th Street, Maspeth, New York deceased , party of the first part, and HENRY E. APPEL residing at 59-52 70th Street, Maspeth, New York SECTION [arty of the.second part, _=_ —i �__: f2 1 WITNESSETH, that the party of the first part, by virtue of t ie power and autifofity given in and try said last will and testament, and in consideration of TEN DOLLARS and other valuable ® - consideration dollars, tr . ' , paid by the party of the second part, does hereby grant and lease unto the party of the second part, the heirs or successors and assigns of the party of the second part r, rever, . ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ixV)e at Mattituck, Town of Southold, Suffolk County, New York, food bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of 114.00 New- Suffolk Avenue and the westerly side of Camp Mineola Road (private road); running thence along the westerly side of Camp Mineola Road the following courses and distances: (1 ) South 170 41' 20" West 221.00 feet; thence (2) South 16° 07' 00" rte0o West 552.48 feet; thence (3) South 70 32' 00" West 521.93 feet to a concrete monument p1� . 00o marking the northerly line of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 810 07' 40" West 509.99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, North 70 32' 40@ East 11179.16 feet to the southerly side of New Suffolk Avenue; thence along the southerly side of New Suffolk Avenue, North 8.80 29' 00" East 621.95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 710 59' 20" Eastrl.02' feet to the point _or place of BEGINNING. TOGETHER with a right of way over said foot right of way or roadway extending from New Suffolk Avenue to Peconic Bay, subject to existing rights of way of others therein. THIS DEED conveys a one-third interest in the aforementioned premises, the remaining interests-being held by .Williaro 'J;,_Kluen1 der and Francis . Van Manen. The decedent, Charlotte Appel, died on June 16, 1987 a resident of Queens County, and her Will was admitted to probate in said county under Index No. 5467187. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; 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 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. _")'he word."p�rtK_,shall-be construed as if it read "parties" whenever the sense of this indenture so requires. INWITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above wF[tten. .. 44406 IS PRESENCE OF: 6 .IMnW WMAns 3o W8313 R vi735Nn1 T3i0l1nf RQ61 Jnr � 0033V .t TRANJFKR AX �SVEFOIK�®�` Town Hall, 53095 Main Road .rl i P.O. Box 1179 ' 11 �`7jo Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 roxw CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS 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 AUGUST 29, 1989: �I is RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision of Henry Appel at j Mattituck, so the Town Board may determine the amount of money to be f deposited with the Town in lieu of land for park and playground f purposes, all in accordance with Section A106-38E. (3) , Subdivision of Land, of the Code of the Town of Southold. 1� p AteI Judith T. erI-y Southold Town Clerk August 30, 1989 { yhll Town Hall, 53098 blain Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (5 16) 765 1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 17 , 1939 Jttdith Terry Southold Tow.^. Clerk Southold, New York 11971 RE: proposer Subdivision for Henry Appel SCTM* 1000-1-14-12-14 Dear Judy, Attached please find a copy of the final map for the above '. mentioned subdivision. F a. The Planning Board is referring this subdivision to the Town Board pursuant to Section 1G6-33 E ( 3) for a determination on the amount of money to be deposited with the Town in lieu of land for Park and Playground. a: b• • ae rely 1=ours �7 ('jt 1 � �� C ria�! �%1.✓`G fi'"CHAMPIAN 16 I i. 9� I' Ali 9' Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1989 John. A. Keogh Secretary Mattituck Fire Commissioner Mattituck Fire DeF- art^;ent Pike Street Mattituck, New York 1'952 Dear Mr. Keogh: Enclosed please find the survey for Phase -oti-Py this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by 1989 . Thank you for your ccoveration. e3y truly yours, BENNETT ORT OWSKI ,JR. s% CTT aTRM7N enc . it - LAW OFFICES PETERS. [)ANOVVSK| .]R , � s1oROAN0KEAVENUE «v� � puBOX ng *|vsxxE4D, NY 11901 � pLk (516) 727-4900 :�i�������, PETER S. DANOwSK|� JR� Gw((olo)7u7-7451 MICHAEL T. C[U�FORD ------' OF COUNSEL ROBERT FKOZAK|EvY|CZ - --- PAMELAA. BLAKE GRxCc8xTZ BLEENL July 7 , 1989 L. BRACKEN AUCESALY| SsunsTAmso Town of Southold Planning Department 53095 Maio Road Southold, New York 1I971 Attention: Melissa Spiro Re: Patricia Bailey - "Kay Dee Eotateon at Cntcbogue Henryl at Mattituck Deac Ma " Spiro: I would like to make an appointment with you to discuss and review the files with regard to the above captioned subdivision applications. Please call me ogmu receipt of this letter to arrange a ouotoaIll' convenient time . Very tzoll' yours, ROBERT F. KOZAKIEWZCZ 8FK��/ cc: Robert 8ezutosoo TO: FROM: l�f� 4111 /1Lf/t fl ADDRESS: DATE: �(7� �9g f SUBJECT: 0/X/ZG1 g�M o- /j7"- r2 COMMENTS: Zb&tjg cat p � / Signature LAW OFFICES PETER S. DAN OWS KI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ August 4 , 1989 EILEEN L. BRACKEN ALICE SALVI SECRETARIES Town of Southold Town Hall 53095 I+Iain Road _,�sa z Southold, New York Attention: Melissa Spiro ' ss Re: -Henry Appel at Mattituck Dear Ms . Spiro: Pursuant to our telephone conversation of this date, enclosed please find copy of Declaration and Covenants , signed and sworn to on May 31, 1989. Please review same and contact this office to indicate approval or any changes prior to our recording of same. If you have any questions, please contact me. Very truly yours,, 4-P JU ROBERT F. KOZAKI EWICL RFK- as T-D CLARATION AND COVENANT THIS DECLARATION made the _ day of 1989 by HENRY E.. APPEL residing at 59-53 70th Street, Maspeth, New York and, WILLIAM J.KLUE-NDER —residing at 64-06 Myrtle Avenue, Glendale, New York and, FRANCIS J. VAN MANEN residing at 581 Onderdonk Avenue, Ridgewood, New York r Declarants . WHEREAS, Declarants are the owners of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth as set forth in Schedule A annexed hereto as provided by the Declarants, and WHEREAS, for and in consideration of Preliminary Map,' Approval by the Southold Town Planning Board for the major subdivision of Henry Appel located at New Suffolk Avenue and Ole Jule Lane, Mattituck, for 7 lots on 15 . 3 acres in the cluster concept, and as a condition of said approval by resolution dated February 26 , 1987 , said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, Declarants have considered the foregoing and determined that same will be in the best interest of the Declarants and subsequent owners of said parcel, NOW, THEREFORE, THESE DECLARANTS WITNESSETH: That Declarants , for the purpose of carrying out the intentions above expressed do hereby make known, admit, publish, -2- covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives , distributees , successors , and assigns, to wit: 1 . 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 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3 . There shall not be any vehicular ingress and egress on New Suffolk Avenue for Lot 1 . Said restriction shall be noted on the map to be filed in the County Clerk's Office. 4 . No driveway or entrance road on Old Jule Lane shall be located within fifty ( 50) feet of the southerly end of the short radius curve, connecting the easterly side of the right-of-way of . Old Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue. 5 . This subdivision is located within one mile of Mattituck Air Base and, therefore, may be subject to noise emanating from the facility and from aircraft flying overhead or nearby. 6 . All residential structures are to be constructed using materials and techniques that will reduce interior noise levels resulting from aircraft noise in accordance with the recommendations of the Department of Housing and Urban Development or any other authority that has promulgated standards for reduction of interior noise levels . 7 . To insure that the "open space area" shown on the map remains as open space, and. -is excluded from, future development, the following requirements are to be imposed: a. A homeowners ' association shall be formed, to manage the "Open Space Area" . b. Assessment of the "Open Space Area" shall be based upon this area being an open space and/or recreational area. Such an area should be given a "zero" assessment and the assessment records prepared both for the "Open Space Area" and all the affected properties within the subdivision show that the value of the "Open Space Area" 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 Area" shall not be subdivided in the future or used for commercial use. d. The homeowners ' association shall not use the "Open Space Area" as collateral for improvements within the subdivision. -3- e. The homeowners ' association shall meet all requirements and regulations of the State Attorney General 's Office (Referring to 13 N.Y.C.R.R. Parts 20, 21, and 22 , issued by the New York State Department of Law) . f. These requirements are necessary to protect the taxpayers of the Town of Southold as well as 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 Area" and the County from having to put this area up for sale at an auction of tax delinquent parcels with the possible loss of the open space designation once sold. IN WITNESS WHEREOF, the Declarants have hereunto set their hands and seals the day and year above written. �LL�PeM L NDE '�-F12ANCIS' J. /V MANE i SCHEDULE A BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk Avenue and the westerly side of Camp Mineola Road (private road) ; running thence along the westerly side of said Camp Mineola Road the following courses and distances : (1) South 17041' 20" West 221 feet; thence (2) South 16007' 00" West 552. 48 feet; thence (3) South 7°32 ' 00" West 521. 93 feet to a concrete monument marking the northerly line of land of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 81°07 ' 40" West 509 . 99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, North 7032 ' 40" East 1179. 16 feet to the southerly side of New Suffolk Avenue; thence along the southerly side of New Suffolk Avenue, North 88029 ' 00" EAst 621. 95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 71°59 ' 20" East 17. 02 feet to the point or place of BEGINNING. Containing 15. 3 acres . STATE OF NEW YORK COUNTY OF x uEFt15 ss . : On this,`—.r- day of M.4 y 1989, before me personally came HENRY E.. APPEL owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents; that he did swear to me that he executed the same. � j OTARY PUBLIC FREDERICK T. HALLER, JR. NOTARY PUBLIC, STATE OF N.Y. Ne. 41.6738325 - QUEENS CO. COMM. EXPIRES r1 �.3�F, iY STATE OF NEW YORK : COUNTY OF 00,40,J1- ss . : On this 3/r= day of M.4 ; 1989 , before me personally came WILLIAM J,KIUE NDER owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; that he did swear to me that he executed the same . OTARY PUBLIC FREDERICK T. HALLER, 1R, NOTARY PUBLIC, STATE OF N.Y. No, g1.673E375 - QUEENS CO. COMM. EXPIRESAw =-E 010 STATE OF NEW YORK COUNTY OF Croom C6 : ss . : On this 3if4 day of M A ? 1989 , before me personally came FRANCIS J. VAN MANEN owner of certain real property located on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the subject property covered by this declaration; that he did read the above declaration and covenant and understands its contents ; that he did swear to me that he executed the same . NOTARY PUBLIC FREDERICK T. HALLER, 1R. NOTARY PUBLIC, STATE OF N.Y. No. a1-6)38325 - QUEENS CO. COMM. EXPIRES v c al ly o MAP'I 1988 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD. NY 11901 (516) 727-0900 PETER S. DANOWSKI, JR. MICHAEL T. CLIFFORD ROBERT F. KOZAKIEWICZ OF COUNSEL April 29, 1988 PAMELA A. BLAKE j EILEEN L BRACKEN SECRETARIES Southold Town Planning Board p Southold Town Hall Main Road Southold, New York 11971 Att: Bennett Orlowski, Jr. , Chairman Re: Major Subdivision for Henry Appel Dear Mr. Orlowski : Pursuant to your letter of September 3, 1987, please find enclosed a Map of Henry Appel indicating approval from the Suffolk County Department of Health Services pursuant to Article 5.. Consistent with your letter, will you please schedule the necessary public hearing based upon the final mans copies of ,d.hiich are enclosed. Very truly yours, PETER S. DANOWSKI, JR. PSD/pb Enclosures cc: H. Young H. Appel 1, ` f S, 1Nho dA ,. I. 1\ V, ; R.,) TIl%A 1 (N `SQ I FI(11,D FN ., `I\.h J 1.1;K.: C l:N. l" Southold, N.Y. 11971 (516) 765-1938 October 28, 1987 Mr. -Peter Danowski, Jr. Attorney at Law P.O. Box 779 Riverhead, NY 11901 Re: Major Subdivision Henry Appel Dear Mr. Danowski : Enclosed for your information, is a copy of the County Planning Commission' s conditional approval on the above mentioned subdivision. When you have prepared the declaration of covenants to provide for the Homeowners ' Association would you please forward them to our office. We will then refer them to the Town Attorney for review. If you have any questions , please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. �°k COUNTY OF SUFFOLK MICHAEL A. LOGRANDE OCT 14 SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING October 8, 1987 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Henry Appel Southeasterly corner of New Suffolk Avenue and Old Jule Avenue, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on October 7, 1987 reviewed the proposed subdivision plat, entitled, "Map of Henry Appel" 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 t0 the following nine conditions deemed necessary to alert prospective owners of the lots within the subdivision that they are in close proximity to Mattituck Air Base, and that they may be subjected to noise resulting from airport activities and aircraft, and to help avoid pressures from these residents to close the airport or curtail its activities because of noise resulting from use of the facility and for good planning and land use. 1. 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. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3. There shall not be any vehicular ingress and egress on New Suffolk Avenue for Lot 1. Said restriction shall be noted on the map t0 be filed in the County Clerk's office. 4. No driveway or entrance road on Old Jule Lane shall be located within fifty (50) feet of the southerly end of the short radius curve connecting the easterly side of the right-of-way of Old Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L. NEW YORK 11 786 (516)360-5192 Map of Henry Appel S-SD-87-18 ------------------------------------------------------------------------------------- 5. All prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Mattituck Air Base and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. 6. All residential structures that are erected within this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. 7. The following requirements shall be taken to insure that the "open space area" shown on this map remaiP as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage the "open space area". b) Assessment of the "open space area" shall be based upon this area being an open space and/or recreational area. Such an area should be given a "zero" assessment and the assessment records prepared both for the "open space area" and all the affected properties within the subdivision show that the value of the "open space area" 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 area" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "open space area" 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.C.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 area" and the County from having to put this area up for sale at an auction of tax delinquent parcels with the possible loss of the open space designation once sold. 8. Conditions 1-7, 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. Map of Henry Appel S-SD-87-18 ------------------------------------------------------------------------------------- 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 and/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. 9. 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. Very truly yours, Lee E. Koppelman Director of Planning by ��r �7' L/Y!L✓ Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-87-18 GGN:mb Encl. : Map cc: J. A. Kinsella, County Clerk R. Villa, P.E. , SCDHS SIDNEY S. BOWNE & SON Sidney B.BOWne,P.E.,L.S. i9NFd�/�/r��r Roland Antlers (1922-7959) i� Roger L.Coccchi Chester C Kelsey. P.E.,L.S. 45 Manor Road PilipS J.Lynch Philip Schlutzhauer ilip Alexandre W.Mercil,P.E. Robert A.Stanton, P.E. Smithtown, N.Y. 11787 Joseph F.Segme, Robert W. Brown, L.S. (51 6) 724'0611 Paul F.Sievers Zabdiel A. Blackman, P.E., L.S. William T.slime Richard S.Weber George A.Style,P.E. Jerry D.Almont,P E. George L. Fagan,Jr.,PhD..P.E. Frank Capobianco,C.E. October, 6, 1987 Thomas R.Pynchon, L.S. gg RECE ED BY duU litULJ vV';o4 �l il'Si{s^�3 HAIM Mr. Bennet Orlowski , Jr. , Chair � TOWN OF SOUTHOLD j , OCT 16 87 Planning Board 4 "' K DATE 53095 Main Road Southold, New York 11971 1 Re: Appel Subdivision at Mattitu,. - Gentlemen: We have reviewed the above referen _.bion and at this time we request a revised drainage plan tocommodate a 6" rainfall . With reference to the report by John Davis: Since we are handling a 6" rainfall , we recommend the use of 12 foot o.d. diffusion wells 12 feet deep. (See the calculation on the attached map) . With reference to the comments of the Suffolk County Planning Commission staff: There are no references on the map pertaining to comments 1,2,4, and 5. Comment no. 3 has been addressed with a proposed dedica- tion of a 12 1/2 foot wide parcel for future highway SRO by the Town of Southold. Comment no. 6 should be addressed with data provided to the Planning Board under separate cover. Also enclosed is a Bond Estimate for this project. If you have any further questions, please do not hesitate to contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS Encl . VM:jom xc: Ray Jacobs , Supt./Hwys. Ray Dean (SBB) V. Lessard (Building Dept.) MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opponunity,Employer M/F/H TIY•%% 01 ' 111 1 1161 1) Southold, N.Y- 11971 (516) 765-1938 September 3, 1987 Peter Danowski, Jr. Attorney at Law P.O. Box 779 Riverhead, NY 11901 Re: Henry Appel Dear Mr. Danowski: We are in receipt of the final surveys for the above mentioned proposal. However, we cannot schedule a final public hearing until the approval from the Suffolk County Department of Health Services, pursuant to _ Article 6, has been submitted. Upon receipt of this approval, would you please forward it to our office, so we may schedule the necessary public hearing. If you have any questions, please feel free to contact our office. Very truly yours; B -LnE K�I� TR 1AN SOUTHOLD TOWN PLANNING BOARD 60UN1TY OF SUFFOLK � tcn 7 - Michael A. LoGrande Acting County Executive DEPARTMENT OF PLANNING LEE E.KOPPELMAN DIRECTOR OF PLANNING December 30, 1986 `' L; FS�6� vfU I;1uLll iL4ti'd FLEIdG Bv Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board S Main Road DATE Southold, N} 11901 Re: Preliminary Map of Henry Appel Southeasterly corner of New Suffolk Avenue and Ole Jule Lane, Mattituck Dear Mr. Orlowski: In accordance with your reauest the staff has examined the proposed subdivision layout for a 15.3 acre tract reputedly owned by Henry Appel and offer the following comments on the proposal for your use. Staff comments on a preliminary map, however, do not constitute a review of STAT A65F the map by the Suffolk County Planning Commission. When this subdivision fj..6P DeT�E7> proposal has been finalized it is to be referred to the Commission for review A or_ it,tiey pursuant to Section 1333 of the Suffolk County Charter. 1. A note should be placed upon the final map prd-rdbiting the use of New Suffolk Avenue as a means of vehicular ingress and egress for Lot 1. 00 H!G�:7 All vehicular access to these lots is to be by the existing street, Ole Jule Lane. 2. No driveway or entrance road on Ole Jule Lane should be located within fifty (5D) feet of the southerly end of the short radius curve No k,�=C� .SIGc 06i connecting the easterly side of the right-of-way of Ole Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue. 3. It is the belief of the staff that eventually Mineola Road, a 25 foot / wide private road, will have to be opened as a town road to provide additional access for the area and to alleviate the increasing traffic jpK ueS 3J on Ole Jule Lane, Ole Jule Lane serves a very large area and over 00-CED sixty home sites.. Therefore, provision should be made for an additional access to insure that emergency and service equipment will be able to reach all homes. - A strip of land along side of Mineola Road should be set aside for future highway use (Refer to map for \S� sketch). VETERANS MEMORIAL HIGHWAY / HAUPPAUGE.LI..NEW YORK 11766 15161360.5192 \/ age 2 / 1 4. The final map should bear a note that the subdivision is located within one mile of Mattituck Airport. The subdivider should also be ►Jo^iZ OIJ HpP required to file an advisory covenant notifying future lot owners of the location of their property relative to the airport. 5. The final map should bear a note that all residential structures are to be constructed using materials and techniques that will reduce i..:`, interior noise levels resulting from aircraft noise in accordance with (:j5 4�j Hdp the recommendations of the Department of Housing and Urban Development `. •,g or any other authority that has promulgated standards for reduction of interior noise levels. This requirement should also be filed as a covenant. - "ar"iy 5. The following information should be included with the referral of the reproposed final plat to the Suffolk County Planning Commission. Failure to provide this information may result in the referral being j (1r�ni,n1G 'F¢a�-D considered incomplete. a) Status of SEQRS review. T' f�%FoS2N,�tsr% J SEPoecP C�n1 b) What measures are being taken to insure that the open space areas a will remain as such in perpetuity. c) Who will have ownership of the open space areas, a homeowner's association or the town? What measures will be taken to insure that the open space areas do not end up in County ownership as the result of nonpayment of taxes. Very truly yours, Charles G. Lind, Chief Planner Subdivision Review Section CGL:mb File No. : 1333-SR-16-118 Enc. : Map I i r 1 SIDNEY B. BOWNE & SON September 29 , 1987 tQ.`;�� E eCI:�.�, SWUM Ou`.kK PUt' 2;U Wnt% CT 16 1991 DATE BOND ESTIMATE FOR APPEL SUBDIVISION LOCATED IN MATTITUCK, THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ITEM NO. QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 0.2 acres Clearing and Grubbing $ 2,000.00 $ 400.00 2 600 s.y. Site Grading 1.50 900.00 3 260 v.f. Leaching Pools 12' Diameter 350.00 91 ,000.00 4 3 each Catch Basins 2,000.00 6,000.00 5 160 l .f. Reinforced Concrete Pipe 18" Diameter 35.00 5,600.00 6 60 l .f. Concrete Curb 15.00 900.00 7 5 each Concrete Monuments 70.00 350.00 8 600 s .y. Topsoil and Seeding 3.50 2,100.00 9 35 tons Asphalt Top Course - 1 1/2' thick 80.00 2,800.00 10 45 c.y. Crushed Stone Base 40.00 1,800.00 Sub-Total $111,850.00 5% Inspection Fee 5,592.50 TOTAL $117,442.50 a SBB 87176 `� Page One of One D/79 To: Raymond L. Jacobs, Superintendent Report No. 561 F7tr8 � e,', Southold Town Highway Department °` ' ' From: John W. Davis Date: December 22, 1986 Re: Preliminary Major Subdivision Map for Henry Appel at Mattituck Comments: Inspection of site for drainage purposes by R_ Jacobs and J. Davis on above date. Flooding occurs at the intersection of Ole Jule Lane and New Suffolk Ave. From observation andcontoursthe profile of Ole Jule Lane slopes from Lot 5 to that intersection. The remaining length, Lot 5 to Lot 7, appears to slope in the opposite direction. Also, there is a low point on New Suffolk Avenue along the frontage of Lot 1 . In order to control the present runoff and additional runoff when houses are built and the lots graded the installation of leaching basins are recommended as follows: Along Ole Jule Lane, one each at common property lines between Lots 6 & 7, 3 and 4, 2 and 3, and 1 and 2_ Also, at New Suffolk Avenue, leach- ing basins at the N.W. corner of Lot I and at the low point in the north frontage for Lot 1. Leaching basins to be 8 ft. diam. x 8 ft. with traffic type top slab and inlet type casting. John W. Davis cc: Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. .r ��tiLl-���� Pr, _�siv rrr an".� n s TQC=uk fOF -SQU.I`Wi. D 5 L-f FU L K-I-f( f-Ni T 1 r Southold, N.Y. 11971 (516) 765-1938 ! 319 S7 Robert Brown .. Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: A,p,plica of Ma'or subdivisi minor subdivision, site plan) Hamlet 1 l � MATERIAL SUBMITTED: File # Suffolk County Tax Map No. 4-1a- Iy Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other YYd QC JL4r1 l-01-)LA or reocy--f FY�YV� ,bhtl un4-d •PhA Ht no nnLsnnlItnn Comments: k2 r `Yr13 �i I h Very truly yours, BENNETT tt , L . NETT ORLOWSKI, SR- ,CHAIRPL SOUTHOLD TOWN PLANNING BOARD �� !zR�n TQ��1 b}''tiff[ 71i�fRl.l1 S i or `y Southold, N-Y. 11971 (516) 765-1938 3,tq�Z Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) II (A4i�rar Subdivision) F+C1 if 1 U � Hamlet Ml_1l.-.. Tax Parcel Identifier No. 1O Q 114 14 Material Submitted: Minor Subdivision - Class A(3 �copies) Class B (2 copies) Major Subdivision (3 Copies) I� Preliminary .Map (1 copy) X Topographic Map (1 copy) LnC nn Darinage Plan (1 copy) X' Street Profiles (1 copy) Grading Plan (1 copy) Planning Board Res . (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet jComments : Lea-c)- C/ dJ [ lu V y truly yours , CJA Bennett Orlowski, Jr. , Chairman WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (� br Subdivision ) -I Hamlet or Village 1"�Ci ll ll AKC Town a hold The following items normally required as part of the subdivision - application have been waived . Check, as required . Preliminary Map Topographic Map Drainage Plan Street Profiles X Grading Plan x Landscape Plan Other (describe) Reason : —— . 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map . c) Other (describe ) 2) a) No new drainage structures and no changes in existing drainage proposed b) -No new roads and no changes in existing roads proposed_ C) No major site clearing and grading proposed_ d) Other -(describe) .. a 1 �. PETER S. DANOWSKI, JR. ;TTORNEr AT LAW 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 516 727-4900 August 31, 1987 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Subdivision for Henry Appel Southeasterly corner New Suffolk Ave & Ole Jule Lane Dear Sir or Madam: Enclosed please find final road and drainage plans and maps. This is a small subdivision that was originally submitted in March of 1986. On March 26, 1986, you forwarded a letter indicating that there would be conducted a field inspection. In June of 1986 , the sketch plan was approved. In November`-o-€ 1986, the preliminary subdivision map was submitted to the Planning Board. On February 9, 1987, a, public hearing was held with regard to the preliminary maps. On February 23, 1987, the preliminary maps were approved subject to conditions. Very truly yours, PEER S. DANOWS{I, JR. PSD/pb Encltisures cc: Mr. Appel Mr. Young REC�7;:eVED 8" KsECi3Y OAT: w C b SO ..r-•' .•} Southold, N-Y. 11971 (516) 765-1938 February 26 , 1987 i I - I Mr. Peter Dancwski, Jr. Attorney at Law P.O. Box 779 Riverhead, NY 11901 li Re: Major subdivision for Henry Appel Dear Mr. Danowski: The following action was taken. by the Southold Town Planning Board, Monday, February 23, 1987 . RESOLVED that the Southold Town Planning Board, following a preliminary hearing, approve the preliminary maps for the major subdivision of Henry Appel located at New Suffolk Avenue and Ole Jule Lane, Mattituck for 7 lots on 15 . 3 acres in the cluster concept, survey dated as amended October 31, 1986 , subject to: 1. Compliance with the report of the Field Inspector on the final survey submission. 2 . Compliance with the report of the Suffolk County Planning Commission for the final submission. fUpon receipt of a complete final submission, including Article 6 approval from the Suffolk County Planning Commission, we will schedule this matter for a final public hearing. S If you have any questions , please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD I By Diane M. Schultze, Secretary a n r- d0w,l rY OF SUFFOLK IN1 �. s� � Michael A. LoGrande ;f Acting County Executive DEPARTMENT OF PLANNING LEE E.ICOPPELM AN {' DIRECTOR OF PLANNING December 30, 1986 Mr <Bennett Orlowski, Jr., Chairman ToA of Southold Planning Board Main Road Southold, NY 11901 Re: Preliminary Map of Henry Appel Southeasterly corner of New Suffolk Avenue and Ole Jule 1: Lane, Mattituck Mr. Orlowski: In accordance with your request the staff has examined the proposed ivision layout for a 15.3 acre tract reputedly owned by Henry Appel and r the following comments on the proposal for your use. Staff comments on a preliminary map, however, do not constitute a review of map by the Suffolk County Planning Commission. When this subdivision osal has been finalized it is to be referred to the Commission for review uant to Section 1333 of the Suffolk County Charter. 1. A note should be placed upon the final map prohibiting the use of New Suffolk Avenue as a means of vehicular ingress and egress for Lot 1. All vehicular access to these lots is to be by the existing street, Ole Jule Lane. 2. No driveway or entrance road on Ole Jule Lane should be located within fifty (50) feet of the southerly end of the short radius curve connecting the easterly side of the right-of-way of Ole Jule Lane with the southerly side of the right-of-way of New Suffolk Avenue. 3. It is the belief of the staff that eventually Mineola Road, a 25 foot wide private road, will have to be opened as a town road to provide additional access for the area and to alleviate the increasing traffic on Ole Jule Lane. Ole Jule Lane serves a very large area and over sixty home sites. Therefore, provision should be made for an additional access to insure that emergency and service equipment will be able to reach all homes. A strip of land along side of Mineola Road should be set aside for future highway use (Refer to map for sketch) . VEfER EMOMAL HIGHWAY HAUPP .L.I..NEW YORK 11788 I518)a 192 O��J!! r —gage 2 4. The final map should bear a note that the subdivision is located within one mile of Mattituck Airport. The subdivider should also be required to file an advisory covenant notifying future lot owners of the location of their property relative to the airport. 5. The final map should bear a note that all residential structures are to be constructed using materials and techniques that will reduce interior noise levels resulting from aircraft noise in accordance with the recommendations of the Department of Housing and Urban Development or any other authority that has promulgated standards for reduction of interior noise levels. This requirement should also be filed as a covenant. 6. The following information should be included with the referral of the proposed final plat to the Suffolk County Planning Commission. Failure to provide this information may result in the referral being considered incomplete. a) Status of SEQRA review. b) What measures are being taken to insure that the open space areas will remain as such in perpetuity. c) Who will have ownership of the open space areas, a homeowner's association or the town? What measures will be taken to insure that the open space areas do not end up in County ownership as the result of nonpayment of taxes. Very truly yours, Charles G. Lind, Chief Planner Subdivision Review Section IGGL:mb !File No. : 1333-SR-86-118 Enc. : Map U CAl r�ciTl-c� - - - -- - ------------- ------- - NOTICE OF _ PUBLIC HEARINGS COUNTY OF SUFFOLK NOTICE 1S Hi"BY GIY:__'' STATE OF NEW YORK ss: 1ENthat ptirsuant to Section 276 of the T6*n'Law, public hhear-;.<_ g iby . - .- P to s wll lie held 'te Southold•- _ }, To'wn Planning Board at the Patricia Wood, being duly sworn, says that she is the :Town 14all ; Main Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold Ne- Ionto in said "roi=ntuuthe9thday'oF,Fzbtuar7 a public newspaper printed at Southold, in Suffolk County; 198". on' tlie'ques[ion of the and that the notice of which the annexed is a printed copy, ':30 ip:m_"Apbrotal of [he + has been published in said Long Island Traveler-Watchman �I prclimi un iofphemajor once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks flHenry Appel 7docrdted' at Maidtuck, in Ithe L successive) commencing on the . . . . . . . . . � � p d IS tat d, =ounlw of r Y, . . . . . . . . d buEiu' and de' 4orl. an ded hal G R and 6 .and S described as day f . . . . . . . . r State of New 19 . 7 • ed � tl BEGrN1iWllsiG'ac the Cotner F _.._ 0 ow ,outho b the.inrersetlionlof•thz . . . . . . . . . . . . . . . . . . . . . . . . . . . LL; l E, rli side 'oF lil&v Suffolk j ''Avenue and the'wzsterly side"of ramp;llin'eola road (ptivale 1 II Iroad);',rulidieig ihence'along the N: II II Moursesa ltoad�tht Carh ng ( Sworn to before me this . . . . . . . . >. .�. . . . . , . day of , e,terly side aP �i , I I alnd rii tances,(1)South I,'I1,..t('20'3xJe,t �2ft`eeCthenre lJ, . . . . , 19 . /f- f. (2) South 16' D'7'{00 \vesl i I °;5_17_.48 feet;thence(3t South ? 32",00' 1Vcot'5219311 feet'to a I r y1 �„ochnrltlzerre;, mon -; making thclcnortherly 'line llaj of thence alon' saidnor- . . . . . . . . . . . . . . �� . . . . . . . . . . - - li Notary Public !i tnerly line of land of SLhrller and land no\s;'or ifylirhefl} of v iJanzc_6o1: North 81 7 40"We,[ BARBARA 1 GREI S t "" 8 b0`p:3n. Pubhc hearing on `09 +9 feet to the easterly dine o[ I. Notary Public, State o-," New y®rk land of Ole Jute Lane; thence f.' the question of approval of the, N® 48068A6 minor subdivision,for Briscoe ,long •Bard east.rty'linr d CSIe '� Qualified in SuffoIJt comity Jule.larie, North '?` 3 40' I' Smith located at Fishers Island, commission Expires G�/s 3./ZO 1 in the Town of Southold,Coun- East'1179.16 feet to t'lie southerly ;- ty of Suffolk and State of.New side of itVew Stuffolll Avenue; +C . York and bounded and desctib- ' thence)alongside ed as follows: of'N a= e Suff i v o .4 �. nue,r111! Orth G at a monument 1 F . I� BEGINNING E8'94; 00"-East 621195 fectlto on the Northwesterly kine of " a conciiete monument, tdpgce Ocean View Avenue,said monu- ' still along Tde$outhetly,si,ae'of ment being located 863.62 feet Nei%','SEiF,folk'Nvenuc,ISot th 71' North of-a point which is 's 59•12 'IEast.iT02 feet i[o the 2876.42 feet West,of a moms poin'u•or lace of BEGIN* NG. meat marking the United States Cotftaintng'I5�3==acres±_i r. . Coast and. Geodetic Survey J.,45jo.rn. Approval ''''f? the I Tirangulation Stations"PROS ingdiarisubdivision of Elizabeth :l and running thence North 62° " 16' 40'"West 210.40 feet to a Tho son to` be knozvfi Cas I monument; thence North 82° Kings Bay_Estates" Id"sated 47' 10"West 246.21 feet to a Ortelir,i in the Town of Sottold ° k monument;401, e thence South 25 Couk}ty bf Suffolk arta Se'of 24' 40"West 156.79 feet t the e o k and 'boundee�`•'and f I l- Norlbeasterly line of Ocean . je;5.ihc j �, follo=t•, I,r r View Avenue,thence along said BFCrtiah(i ir: t ; tt on V enue'lineNorth 83°56' 00" tri z-sic;l, 115til F.int Ssr�er. - West119.05feettoamonument; I t h'ri=:l •aarhul .ltnr :ird " thence North 58°56'00"West t:•.rirl, 1E11C Ire=ir.the I"Jrrl}ict!\ f:'. 97.84 feet along-said Avenue line hnc lot .11d kilgz Srr eel; from I i I I : to amonument;:thence North >,rd f,olr,t=?i beginning ninnine 34° 00'.00" East 142.00 feet; :"I,,u Il•p.j. nn.= ,,r lurm% l> of thence North 45°44' 00,"West Llh,'r a=fid RSilt"1 t to cu,un�> _� 140A8feet to the; outherlyline, ,1 - ;, rnflny,•:E I I tio�rh in ?1, _'lJ ,� of Equestrian'Avenue, thence,.5`'i East, 631.22 feet; thence 1(2) �_,W nth 40° 36' 50" East 13.60 North ° 43 00"East 85y,of feet along said Avenue line to a 'land .96 now or formerly,.ot feet topoint;thence North 22°09'S5" _ - Rohlof thence along said�land of Rohloff and land 66ov,or 1 1 East 133.12 feet along said fornlefly of-Jolhn Jaggcr`'two Avenue line to an iron pipe; catitSes:asf©ilnws:(1)Sou't 4" thence South 79°28` 04"East OW 70--East 473:63 fleet;thence 176.39 feet to an iron pipe; (2) South 29° 55"l 10" East thence North 331 53'45"East 546,97 feet to land now or 95.00 feet to an iron pipe;thence formerly of Witzenburg;thence North 46°06'15"West 180 feet A along-said land of Witzenburg, to an iron pipe on the tl Southl:70° 13' 50" West 31.44 Southeasterly line of Equestrian p I , feet.to land now or formerly of i Avenue; thence North 43' 53' q Taborg; thence alonglad last I 45"'East.240.02 feet along said mentioned five cours VO • nes as I Avenue line to a monument; follows: (1):North 25°18' 10" thence South 510 33' 20" East West 116.65 feet thenge(2)ISouth ' 105.00 feet; thence North 43° 61° 23' 20".West'512.83, feet; 42' 40" East 122.31 feet to a thence (3) North 218° 21' '00" ' monument; thence North 43° West 9,4.70 feet;theme(4)South 34' 00" East 15.00 feet to a 65- 14' 20 West 1'64.96'fest, point;thence South 46°26'00" thence (5)On a tie line course East 90.00 feet to a point; Southl49`59',30":West 503.04 , thence North 896 25' 18"East feel -it":n« clime land rats or ': 149.49 feet to a monument form rt, o4 Tabor ana AL-Ily thence South 28°54''00"East y Lind nour D=rierk t,i Paelsin 225.42 feet to an iron pipe; .roF la• _rrz. r+;=Ern ?' lil thence North 77°32' 00"East D D o'lai E4i art leer 'hence sell 187.97 feet to a monument on 3lori said land noit rir former_ the Southwesterly line of Heathule Avenue;thence South ate ]y ofjNelson.Douglas Est three courses as follow26° 06' 20" East 107.50 feets:(1)Nor- I then iabout 110 fee I along said Avenue line to a Yt to appoint „ j which':is North 2'41'00"Westmonument at its intersection 1� ]16.10 f.a fro=Irl the la•E dz;i ri}� with the said Northwesterly line etl Pt 11r1. lhekr a 11t'I jorlh '04 of Ocean View Avenue; thence f fP .'p % e.l ,°:.'ti leer rhtn�e ' along said Avenue line On II (3) Soatb 's° 1" 00" We..1 r following three cfltrral:' 38148 feet n, ;aid es•terly line i' 58°04'40"West 109.97 ' of FSuter:lhenec,lr)riz •aid ` West 195.45 feett tamonumen -mr_ t easte�Pit ;fine of King !Street " Nort0°00' 10".West X484;78,i and south 45° 07' 20" West feet he I 365.66 feet to the monument at 1point or,place.of p Con- Beginning. Containing '23:44 ; the point of Beginning. acres.) raining 12.3± acres. fAny person desiring to be r• -rd c t1- °l -ivy rr -ter to land now or formerly" of thence Rohlofl'Yhence along said land of 73.60 ff Fc •.+ dR4+. �hEoff and land now or for• line to a point thr.:,. ur 3 me11y of John Jagger;- 'two 2:0!%' t:r.'? !:i:1 Iia, aloe `?' AE 64courses as follows: (1) South ' 1 �3 LEGLNOTIC .64'09'10''10" East 473:63 �.. "�••Icl !io.•;o un iron p:pe: _ . , ' -feet;- i v•rl; 1 ;!1 y Lri'04.. cant NOTICE.OF PUPLIC ,thence i'2i South 29-55'10" East 176:39 feet. to an iron pipe; - IIi:ARI i.-B 54697 feet to !and now m for- thence Nott/ 33'53'4Fi". East STATE OF NEW YORK Xll'I'I('I?ISI{h:4il:B1 l,!`:Eh merl.y of 'Witzenburg. thence 95.00feettoatrronplpe;thence. iIla! pwr .It;••11 it, IN••fvw !;b of along said land of Witzenburg. North 46°06'15'WestlBDfeetto � SS: :Jln ratio L,n. public heartnps South 70.13'50"West :;1.-44 feet an,.iron pfipe'on,tlie Suntbe t K d! be hold {n' 1 he Southold to land now or formerly of terly line of Equestt4an Avenue; COUNTY OF SUFFOLK ) Town Planning Board at the Taborg; thence along land last thence North 43'53'45".-East Town Hall ARnin RondSiulii- mentioned five courses 'as fol- 240,02 feet along said'-llvenue' Gj old Nov: 1:'''It. i:i o-jw 'Uwn on lows. (1) North 25'18'10" West lint to a rnonument`,thence Carol Sgarlata of Greenport, in the HI li dny of P'cln uure 1'!.i,on 116 65 feet; thence (2) 'South South 51°33'20 East, ;105;00' said County, being duly sworn, says that he/she is '! IIIeI W iillri Ol lhe.,110-r[nu': # 61°23'20" West -512.83. feet; r. feet; thence Iort11 j$'tr 2'4; 7.21!p.m. .Apprnvel of Iltr I:r;' thence(3)Nortl 82,8'21'00"West East 12231 feet to am6i ument; Principal Clerk of THE SUFFOLK TIMES, a Weekly mltnurr rt;ap;ii,r!hl•ruljor;nil 94.70 feet; ttienee1 (4) 'South' thence North 43 34'6&;'East d:viFior. of Hour., :ltpel localed 65°14'.20" West, 164.96 feet;;; 1500 feet to>'a polo£ ;'tlieiice Newspaper, published at Greenport, in the Town at Mattituck ,1n the •Town of thence (5)'On a tie line course South 46°26'00" East.9f100,feet,, of Southold, County of Suffolk and State of New cam. i;.•f; C,.t " ;, ,': 1•1 South 49°59'30" West, 503.04 to ,a point;. thence„', , Ir h "' '•„' ••:.t I.i li f'eet;,thence along land now or 89°25'18" East 149.49'�e>to a- York,and that the Notice of which the annexed is formerly ofTaborandalongland monument; thence '"`South a printed Copy, has been,regularly published in ..Iii •i `.\I�;: ;, .. or forrerly of Nelson Doug- ' 28°54'00"East 225,42 fe t;o an o n e ;1:" :;•' 1 la d state,North32°01'50"West iron pe; a said Newspaper once: each Week for 1 1 : pi thence Forth 345.68 feet; Cherrce still'along 77°32'00" East 187.97 feel to a .. - weeks successively, commencing onthe 2 9 s land now or'formerly of Nel, monument on the Southwesterly t a111p Mineola Road (pr'iyate son Douglas - Estate, three line of Heathule Avenue;thence day of January 19$7 road);running thence along!;he courses as follows:(1)Northerly South 26.'0620"Fast 107.50 feet westerly side of said Camp about 110 feet to a point which along said Avenue line to a Mineola Road the following - is'North 2'41'00" West 10610 monument at its intersection � y courses and distances (1) Soittli feet from the last described with the said Northwesterly line 17)°41'20"` A 221 feet f$ieSlce point,thence(2)North 29'18'50" of Ocean View Avenue; thence ! - (2South 16 07'00"West 552.48 West 252.70 feet; thence (3) along said Avenue Line on the in Ip I Clerk feet; thence 13) South 7`32;00" South 75°1TOO" West 781.48 following three courses: South :1 West. 5`11:93 feet to a conctete feet to said easterly line of King 58°04'40" West 108.87.feet to a monument marking the north- Street; thence along .said eas- monument;South 6°06'30"West � erly line of land of :Schiller; ter/ line of Kin Sworn t0 fore me this_�- Y g Street North 195.45 feet to a monument and theme along said northerly Line 40°00'10"West 484.78 feet to the south 45'0 a'20"West 365:66 feet day Of �� 19C_ ° ldiA!7l(K.DEGNAII of land of Schiller and land now point or lace of Beginning.Con- to the monument at the /� l`I ITARY PUBLIC,State ai Nety York P g g' point of / I Suff*1 Uust No,4949860 or formerly of Janeczko North kerning 23.44 acres. Beginning. Containing12.3± 81"07'40"West 509.99 feet to the 8:00 p.m. Public Bearing on acres. ��`, '/�+� y 7er(9 Expires FebrusarQq 1.9,r3 easterly line of land of Ole Jule the question of approval of the Any person desiring to he G✓) I Lane;thence along said easterly rhino" subdivision for Briscoe. heard on the above matter me of Ole Jule Lane, North- -Smith located at Fishers Island; - should appear at the time and 7°32'40"East 1179.16-feet to the in the Town of Southold,County place above specified. southerly side of New Suffolk . of Suffolk and State of New York Dated:January 12,1987 .,Avenue;thence along'the sotith- and'bounded and described as BY ORDER OF erly side of New Suffolk Avenue; follows: THE SOUTHOLD TOWN to a c ncrete 0"East,621.95 t 5 feet BEGINNING at a monument PLANNING BOARD; to a concrete monument;hhefice on the Northwesterly line of BENNETT ORLOWSKI,JR. still along the southerly sidQ of. Ocean View Avenue,said mono- CHAIRM_4N New Suffolk Avenue,. South ment being located 863.62 feet 1TJ29-5487 71°59'20' East 17-02 feet to Lhe North of a point which is point or place of BEGINNING. 2876.42 feet West of a monu- Containing 15.3 acres ±. .- - ment marking the United States 7:45 p.m. Approval of .the Coast and- Geodetic Survey minor subdivision. of Elizabeth Triangulation Stations "PROS" ,Thompson to be. known as and running thence North "Kings Bay Estates" located at 62°16'40" West 210.40 feet to a ;Orient in the Town of Southold, monument; thence North :Caunty of Suffolk,and State of 82"47'10" West 246.21 feet to a New York and bounded and ire- monument; thence South f scribed as follows: 25°24'40"West 156-79 feet to the BEGINNING ata point on.the Northeaetet-ly line of Ocean easterly line off King Street,13.6 View Avenue;thence along said jfeet southerly-along said eas- Avenue line North 83`56'00" `Lerly line from the northerly West 119.05 feet to a monument; 41ine-of-said King Street- from. thence North 58°56'00" West ;said Point of beginning running 97.84 feet along said Avenue along lands now or formerly of line to a monument; thence ;iTabor'and Rackett; two courses North 34'00'00" East 142.00 i�as follows: (1) South-80°21'20" _ -feet; thence North 45°44.00" East, 631.22 feet; thence (2) West 140.48 feet to the South- North$5 43;10"Ea7sC856 96 feet erly line of Equestrian Avenue, N 's I 1 ,1 i LEGAL NOTICE NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that pursuant to Section 276 of If the Town Law, pubilc hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said Town on the 9th day of February 1987 , on �! the question of the following: 7: 30 p.m. Approval of the preliminary maps for the major A subdivision of Henry Appel located at Mattituck, in the Town ii of Southold, County of Suffolk and State of New York and bounded I{, and described as follows : BEGINNING at the corner formed by the intersection of I� the southerly side of New Suffolk Avenue and the westerly side of Camp Mineola Road (private road) ; running thence along the westerly side of said Camp Mineola Road the following courses and distances : (1) South 17°41' 20" West 221 feet; thence (2) South 16007 ' 00" West 552. 48 feet; thence (3) South 7032 ' 00" { West 521. 93 feet to a concrete monument marking the northerly line of land of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North l 81°07 ' 40" West 509. 99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule 1 Lane, North 7032 ' 40" East 1179. 16 feet to the southerly side 4, of New Suffolk Avenue; thence along the southerly side of New Suffolk Avenue, North 88°29 ' 00" EAst 621. 95 feet to a concrete ;4 monument; thence still along the southerly side of New Suffolk Avenue, South 71059 ' 20" East 17. 02 feet to the point or place of BEGINNING. Containing 15 . 3 acres ± . 7: 45 p.m. Approval of the minor subdivision of Elizabeth ! Thompson to be known as "Kings Bay Estates" located at Orient IE in the Town of Southold, County of Suffolk, and State of New !� York and bounded and described as follows : jk BEGINNING at a point on the easterly line of King Street, l 13. 6 feet southerly along said easterly ine form the northerly ine of said King Street; from said point of beginning running i� along lands now or formerly of Tabor and RAckett, two courses as follows : (1) South 80021120" East, 631. 22 feet; thence (2) North 65043100" East 856 . 96 feet to land now or formerly of now or formerly Rohloff thence along said land of Rohloff and land of John Jagger; two courses as follows : (1) South 64°09 ' 10" East 473 . 63 feet; thence (2) South 29°55 ' 10" East 546 . 97 feet to land now or formerly of Witzenburg; thence laong said land of Witzenburg , South 70°13 ' 50" West 31. 44 feet to land now or formerly of Taborg; thence along land last mentioned five courses as follows: (1) North 25018 ' 10" West 116. 65 feet thence it (2) South 61°23 ' 20" West 512. 83 feet; thence (3) North 28°21' 00'° West 94. 70 feet; thence (4) South 65°14 ' 20" West 164 . 96 feet; i I� thence (5) On a tie line course South 49059' 30" West 503. 04 41 P4 feet; thence along land now or formerly of Tabor and along !! land now or formerly of Nelson Douglas Estate, North 32° 01' 50" West 345. 68 feet; thence still along said land now or formerly of Nelson Douglas Estate, threes courses as follows: (1) Northerly { about 110 feet to a point which is North 2° 41' 00" West 106. 10 feet from the last described point; thence (2) North 29018 ' 50" I West 252 . 70 feet,- thence (3) South 75°.17 ' 00" West 381. 48 feet f to .said easterly line of King Street; thence along said easterly !f + line of King Street North 40°00 ' 10" Wesr 484 . 78 feet to the ipoint or place of Beginning. Containing 23 . 44 acres. �I8: 00 p.m. Public hearing on the question of approval of the minor subdivision for. Briscoe Smith located at Fishers i f Island, inthe Town of Southold, County of Suffolk and State i of New York and bounded and described as follows: BEGINNING at a monument on the Northwesterly line of Ocean View Avenue, said monument being located 863. 62 feet I� North of a point which is 2876. 42 feet West of a monument marking I the United States Coast and Geodetic Survey Tirangulation Stations"PROS' and runing thence North 62016 ' 40" West 210. 40 feet to a monument; thence North 82°47 ' 10" West 246. 21 feet to a monument; thence ;I South 25°24 ' 40" West 156 . 79 feet to the Northeasterly line I of Ocean View Avenue, thence along said Avenue line North 83°56 ' 00" i West 119 . 05 feet to a monument; thence North 58°56 ' 00" West 97 . 84 feet along said Avenue line to a monument; thene North i 34°00 ' 00" East 142. 00 feet; thence North 45°44100" West 140. 48 feet to the Southerly line of Equestrian Avenue, thence North I 40°36 ' 50" East 73 . 60 feet along said Avenue line to a point; thence North 22009155" EAst 133 . 12 feet along said Avenue line I to a n iron pipe; thence South 79° 28 ' 04" East 176 . 39 feet to an iron pipe; thence North 33053 ' 45" East 95. 00 feet to an iron pipe; thence North 46006 ' 15" West 180 feet to an iron pipe on the Southeasterylineof Equestrian Avenue; thence North 43°53 ' 45" East 240 . 02 feet along said Avneue line to a monument; thence South 51°33 ' 20" East 105 . 00 feet; thence North 43°42 ' 40" East 122. 31 feet to a monument; thence North 43034100" East 15 . 00 feet to a point; thence South 46°26 ' 00" East 90 . 00 feet to apoint; thence North 89125' 18" East 149 . 49 feet to a monument thence South 28054 ' 00" East 225 . 42 feet to an iron pipe; thence North 77032100" East 187 . 97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26006 ' 20" East 107. 50 feet along said Avenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line on the following three courses : South 58°04 ' 40" West 108 . 87 feet to a monument; South 6'06 ' 30" West 195 . 45 feet to amonument and south 45107 ' 20" West 365 . 66 feet to the monument at the point of Beginning. Containing 12 . 3± acres . Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN . PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN ----------------------------------------------------------------- PLEASE PUBLISH ONE TIME ON JANUARY 29, 1987 AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971 . COPIES MAILED TO THE FOLLOWING: THE SUFFOLK TIMES (HAND DELIVERED) THE LONG ISLAND TRAVELER WATCHMAN ( HAND DELIVERED) SUPERVISOR MURPHY / TER DANOWSKI, ESQ. 7EIZABETH THOMPSON ISCOE SMITH NEW LONDON DAY (FOR BRISCOE SMITH ONLY) rr: ��ez .�`r�n ir Tc � S r Southold. N.Y. 11971 (516) 765-1938 January 27 , 1987 Mr. Peter Danowski, Jr. Attorney at Law P.O. Box 779 Riverhead, NY 11901 Re: Henry Appel Dear Mr. Danowski : Enclosed is a copy of the report from the Highway Superintendent with regard to the above mentioned proposal. I am sorry for omitting this from the previous correspondence. Very truly yours , Diane M. Schultze, Secretary Southold Town Planning Board enc. cU�rO�t` -NTI Southold, N.Y. 11971 (516) 765-1938 January 14, 1987 Mr. Peter S. Danowski, Jr. Attorney at Law P.O. Box 779 Riverhead, NY 11901 RE: Henry Appel major subdivision Dear Mr. Danowski: The following action was taken by the Southold Town Planning Board, Monday, January 12, 1987 . RESOLVED that the Southold Town Planning Board set Monday, February 9 , 1987 at 7 : 30 p.m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the preliminary maps for the major subdivision of Henry Appel located at Mattituck. Also, enclosed for your review is a copy of the recommendations from the Highway Superintendent with regard to this subdivision. We request that the final submission contain this information. If you have. any questions, please don' t hesitate to contact our office. Very truly yours , &PL 1 ,t OIL l c)`l� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. LAW OFFICES PETERS. DANOWSKI. JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. NOV 2E' AF, MICHAEL T. CLIFFORD - 1S OF COUNSEL ROBERT F. KOZAKIEWICZ CHRISTINE L. ZAWESKI November 24, 1986 PAMELA A. BLAKE SECRETARIES Southold Town Planning Board Main Road Southold, NY Re: Henry Appel Application Dear Diane: Please find enclosed herewith 12 prints of the Preliminary Subdivision Map prepared by Young and Young with reference to the above matter. Very truly yours, PETER S. DANOWSKI, JR. PSD fpb� Enclosures cc: Howard Young Henry Appel T9'0--'"\ or SU! l'HQLD ti,!.71 or `! !'•.l! !': fait'\'1 y Southold, N.Y. 11971 (516) 765-1938 December 17, 1986 Mr. Raymond Jacobs Superintendent of Highways Peconic Lane Peconic, NY 11958 Re: Henry Appel Major subdivision Dear Mr. Jacobs : Enclosed is a survey for the above mentioned subdivision located at New Suffolk Avenue, Mattituck. Would you please review this proposal and advise us of any comments or recommendations you may have. We have forwarded this to the Soil and Water Conservation and will send you any information we receive from them. Thank you for your assistance in this matter. If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. PLAN GBO.a D TQi OF SOUL ZD SUTFFOLY Southold, N.Y. 11971 (516) 765-1938 December 17 , 1986 Subdivision Review Section Suffolk County Department of Planning - H. Lee Dennison Executive Office Building - 12th Flr. Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: We are hereby submitting the preliminary subdivision map of Henry Appel located in Mattituck to you for your comments . This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 1333 , Article XIII of the. Suffolk County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: innn 114 1 ? _ is Materials submitted: Preliminary Map (3 copies) x Topographic Map (1 copy) incluged Drainage Plan (1 copy] ; Street Profiles (1 copy) Proposed Grading Plan (1 copy) ; Other materials (specify and give number of copies) one ccpv of a yield map Comments : This is a cluster pursuant to Section 281 of Town Law . Very truly yours , Bennett Orlowski, Jr. , Chairman Southold Town Planning Board I e0UP� D Tf), OF SOi3',r-H LD Southold, N.Y. 11971 (516) 765-1938 December 17 , 1986 Mr. Stan Pauzer, Manager Suffolk County Soil and Water Conservation 127 E. Main Street Riverhead, NY 11901 Re: Major Subdivision for Henry Appel Dear Mr. Pauzer: Enclosed is a subdivision map for the above mentioned proposal located at New Suffolk Road, Mattituck. Would you please review this and advise us with regard to any recommendations or comments on drainage for this area. Thank you for your assistance in this matter. If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN / SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. COUNTY OF SUFFOLK JAN PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER January 2, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board 'Main Street Southold, New York 11971 Dear Mr. Orlowski: \ As per your request I have reviewed the Dreposed subdivision plan at New Suffolk Road, Mattituck for Henry Appe1. Soils on the property are mapped as Riverhead sandy Loam, with 3-8 percent slopes along the northern 2/3 of the properhy and as Haven loam, with 0-2 percent slopes along the southern and eastern 1/3 of the property. Both of these soils have few or no limitations�arding use for homesites, sewage disposal fields or lawns and landscaping. Topographical information on the preliminary subdivision map indicates potential problems regarding storm water surface runoff in lot /,'l. A site inspection on December 31, 1986 confirmed that lot #1 would be located in a depressional area which would receive storm water surface runoff from Ole Jule Lane and New Suffolk Avenue. Runoff water would flow across the lot and some temporary ponding of runoff water would be possible. If you require any additional information, please contact our office. Sincerely, Thomas J. McMahon, Senior District Technician 127 EAST MAIN STREET RIVERHEAD.NEW YORK 11901 (516)-,27-2315 4� F f v.p Pi 1Sr eA#[ n l TO r „� JJ 5Lr" + .Q T Z Southold, N.Y. 11971 (516) 765-1938 June 11, 1986 i Mr. Peter Danowski, Esq. Attorney at Law P.O. Box 779 Riverhead, NY 11901 Re: Henry Appel "Ole Jule Homes" 11 major subdivision Dear Mr. Danowski: The following action was taken by the-Southold Planning Board, Monday,June 9, 1986, following a field inspection . li ofthe premises . + RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the major subdivision of Henry Appel located at Mattituck, an intitial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the major subdivision of Henry Appel located at Camp Mineola Blvd. and New Suffolk Avenue , Mattituck for 7 lots on 13 . 3 acres in the cluster concept. Survey dated July 18 , 1985 (Plan "B") , tax map no. 1000-114-12-14 . dA-W Would you please refer to Sections A106-23 and A106-42 of the Southold Town Code for the procedure and required documents for the preliminary submission. Please contact this office if you have any questions . Very truly yours , BENNETT ORLOWSKI , JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary i COUNTY OF SUFFOLK q e n 11 'A.y YDy 2 PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH ERVICES DAVID HARRIS,M.D..M.P.H- - 1 � COMMISSIONER T0: DATE: SJZ�4 l lj- - 1 t ,7 E[ RE: Dear we are in receipt of your letter dated Ll'� concerning the above referenced project. 1. This- Departtent has no objection to your designation of lead agency status. 2. Insufficient information is available for technical comments . ® 3 . There is no�zecord of an application to this Department . A more accurate project location is needed. (Suffolk County Tax Map No. ) ® 4_ This Department has received an application and it is : Complete E] Incomplete Other: 5 . It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s ) Q Other: WWM-067 COUNT'CENTER RIVLRMEAD.N.Y. 11901 (OVER) (516 ) 546-331' r �\ p tr' 4 ✓ 5 . (cont' d) Water Supply System ® A Public Water Supply System ® Individual water Supply System(s) ® Other: 6 . Comments : The Health Department' s primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements . The Health Depart- ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings . i) 9 Y l Further comment may be provided upon completion of the application review. r� R9 i ,^ _ Name Phoner`` � a } 'r P1.1ti+:v-,yl fl► tY) i 111 %1>1 1'.11.011D Si I`11ii.i%:, i 4 1 \ 1 Y Southold, N.Y. 11971 (516) 765-1938 June 4 , 1986 Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Henry Appel located at Mattituck, Tax Map No. 1000-114-12-14 . This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until June 19 , 1986 . We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services ✓ � � WAI Pr. k..A IAxctdd:=nD T0NON' nJ SOU, I HOLD S 4,.]-FO J aha::(l f-N;f Y Southold, N.Y. 11971 (516) 765-1938 March 26, 1986 Peter Danowski, Esq. Attorney at Law 3. P.O. Box 779 Riverhead, NY 11901 fRe: Henry Appel l f Dear Mr. Danowski: The Southold Town Planning Board reviewed the above mentioned file at the Monday, March 24 , 1986 meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any further recommendations or action. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary t '7'� IIS LAW OFFICES APR � `� J PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. MICHAEL T. CLIFFORD ROBERT F KOZAKIEWICZ OF COUNSEL CHRISTINEA. SIMICICH PAMELA A. BLAKE SECRETARIES I March 24, 1986 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Appel Major Subdivision Premises - New Suffolk Avenue & Ole Jule ; ane, Mattituck, New York Dear Sir or Madam: Please find enclosed herewith the following with regard to the above matter : 1. original application; 2 . form letter regarding drainage , grading and road construction; 3 . part 1 short environmental assessment form; 4 . my check in the amount of $126 . 50 , $76 . 50 representing $5 . 00 per acre fee and $50 . 00 representing inspection fee . Very truly yours , / ( i 1 ``����� �', ,����./J.,r�r✓.ice , PETER S . DANOWSKI , SR. PSD/pb Enclosures PLANWING-,it "7iA TO N O SOLI.- I-1O D SILIFflo,LE= .'.UI"TY Southold, N.Y. 11971 (516) 765-1938 a Minor Subdivision 1 Required Documents Required prior to Board' s review: 1. Filing fee of $100 per lot with an inspection fee of $150 ✓ 2 . Twelve surveys with the following information: 5 ' contours key map scale of 1" = 100 ' name of subdivider and adjoining land owners tax map number location of utilities proposed or existing streets proposed lot layout notations on existing restrictions, easements, covenants and zoning lines r ✓ 3 . Legal Description of Property, may be in the form of a deed ✓,4. Application for plat approval �/5 . Form letter regarding drainage, grading, and road construction 6 . Part I of the Short Environmental Assessment Form qq- 7. If corperation, affidavit of ownership 8 . Copy of tax map showing area Required prior to Final action: 1. Six copies of final map (see attached list) 2 . Suffolk County Health Department approval three endorsed surveys s. APPLICATIOPT FOR APPROVAL OF PLAT AH To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .OLE- SULE HOMES . . .. . . . . .. . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . .. . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4 E 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: 7325 23 . . . . . .. . On . 1/16/73 Liber . .. . . .. . . . . . . . . . . . . . . .. . Page . . . .. . . . . .. .. . . . .. . . . . . . . . ; Liber . .. . . .. . . .. .. . . . . .... ... Page . . . .. . . . . .. . . Liber . . . . . . . . . . . .. .. . . . . . . . . . Page . . . .. . . . . . . .. . . . . . . .. . On . Liber . . . . . . . . . . . .. . . .. .. . . . . . Page . .. . . .. .. .. . . . . . . .. . . . On . .. . . . . .. . . . . .. . . - Liber . .. . . .. .. .. . . .. . . .... .. . Page . .. . - -- .. . . .. . . . . .. .. . On . . . . . .. .. . . . . .. . . . . . . . . ; as devised under the Last Will and Testament of . . . . . . . . . .. . . .. . . .. . . . . . . .. . . . . . . . . . . . . or as distributee . .. .. .. . . . . .. .. .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . .. .............. . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . .. . . . . . . 5. The area of the land is . . . . . 15.3. . . . .. acres. 6. All taxes which are liens on the land at the date hereof have been paid except . . . . . . . . . . . . no exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . 7. The land is encumbered by . . . . . .. . . . . -n/a. .. . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . .. mortgage (s) as follows: (a) \lortgage recorded in Liber . . . .. . . . . . . . . . Page . . . . . . . . . . . . . . . . . . in original amount of $. . . . . . . . . . . . . . unpaid amount $ . . . . . . . . . . . . . . . . . . . . . held by . . . . . . . . . .- . . .. . . . . address . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . (b) Alortgage recorded in Liber . . . . . . . . Page . . . . . . . . . . . . . . . . . . . . .. . in original amount of . . . . . . . . . . . .. . unpaid amount $. .. . . . . . . . . .. . . . . . . . . . held b . . . .. . . . . . . . . . address . . . .. .. . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . (c) Mortgage recorded in Liber . . . .. . . . . . . . . . Page . . . .. . . . . .. .... . in original amount of . . . .. . . . . . . . . . unpaid amount $. . . . . . . . . . . . . .. . . .. . . . held by . .. . . . . . . .. . . .. . . .- . . . • .... ... . . . .. .. .. . . . . . address . . . . . .. . . . . . . .. . . . . . . . . . . . . .. .. . . .. .. .. .. . . . . . .. . . .. . . . . . S. There are no other encumbrances or liens against the land except }?o exceptions. , . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. .. .. . . .. ..... ... . . . . . . . . 9. The land lies in the following zoning use districts . . . . . Residential — Agricultural Zoning Use District . .. . . .. . . .. . . . . .. . . . . . ... . . . . . . . . . . . . . . .. . . . . .. .. . . . . .. .. .. . . . . .. . . .. .. . .. . . . .. . ... . . . . . 10. No part of the land lies under Tcater whether tide water, stream, pond cater or otherwise, ex- no exceptions 11. The applicant shall at his expense install all required public improvements. 12- The land (does) (does not) lie in a Nater District or Water Supply District. Name of Dis- trict, if within a District, is . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . ... . . . . . . . . .. . 13. Nater mains kill be laid by - .n/a. . . . . . . . . .. . . . . .. . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by a. a . . . .. . . . . .. . . . . . . .. I . .. . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas- mains will be installed by . . . n/a. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to shote same. 17. It streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway scstem, annex Schedule "C" hereto to show same. IS. There are no existing building; or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with rhe proposed streets- 20. In the course of these proceedings, the applicant will ofier proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lets showing all restrictions. covenants, etc. Annex Schedule 'rD". 22. The applicant estimates that the cost of grading and required public improvements will be S. . . . . . . . . . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . . .. .. .. . . . . . rears. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule `F". Ma . . . . . . . . .. . .. .. . . . 19. rch 21 S6. HENRY E. APP EL. . .. .. .. . . . . . . . .. . .. . . . . . . DATE . . . . . . . . . . . . . . . (IQam��plicant) jc .. . . .. . . . .. . . . . . . . . . . (Signature and Title) 6903 Fresh Pond Road, Glendale, N.Y. Address) STATE OF NEW YORK. COUNTY OF . .SUFFOLK ss: 21st March On the . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . .. . . _, 19.86. . ., before me personally- came Henry E. Appel . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . he. . . . . .. , executed the same. PAMELA /� . . . . . . . . . . . . . . . . NOTA BLAKE E�� Wotan Public iwm�w 19-CWft9 STATE OF VEIN YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . .. . . . . . ss: DO the . . . . . . . . . . . . . . . . day . . . . . . .. . . . of . . . . . . . . . . . . . .. 19. .. . . ., before me personally came . . . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . . . . . . . .. . resides at No. . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . that . . . . . . . . . . . . . .- . . _. . . . . . . . is the . . . . . . . .. . . . . . . . . . . . . . . .. . . . of . . . -. . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . the corporation described in and which executed the foregoing instrument: that . .. . - . . . . . . . knows the seal of ;aid corporation; that the seal affixed by order of the board of directors of said corporation. ar.if that . . . . _ . . . . . . . signed . . . . . . . . . . . .. . name thereto by- like order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Votary Public .14-16a[91e4) J j v't,,. '1y" PROJECT I.D.NUMBER 'I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS }!5 l State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) APX a 916 1. Applicant/sponsor 2. Project Name + Henry E. Appel by Peter S. Danowski, Sr. Es Subdivision (Ole Jule Homes) i j 3. Project location: I Municipality Mattituck county Suffolk 4. Is proposed action: ® New ❑ Expansion ❑ Modificationlalteratim t 5. Describe project briefly: 7 or 8 lot subdivision Alternative Plans — normal grid if cluster 6. Precise location(road intersections,prominent landmarks,etc.or provide map) New Suffolk Avenue Ole Jule Lane 7. Amount of land affected: Initially L5•3 acres Ultimately acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? M Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? E] Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parklandiopen spare ❑ Other Describe: 10. Does action involve 111 a�['permitlapproval,or funding,now or ultimately, from any other governmental agency(Federal,state or local)? ElYes1J No If yes, list agency(s)and permit/approvals 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes No If yes, list agency name and permit/approval type 12. As result of proposed action will existing permitlapproval require modification? ❑ Yes 2 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 15 TRUE TO THE BEST OF MY KNOWLEDGE Appl;tan So e tm . Peer S. Danows i, . , Attorney for Date: 3/21/86 .- I E. App/e'l,� i Signa...e:l If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (Tb be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12f If yes,coordinate the review process and use the FULULONG FORM EAF. ❑ Yes ® No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.71 If No, a negative declaration may be superceded by another involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on, to,or arising from the following:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion, drainage or flooding problems? Explain briefly: — N.0 — C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood characterf Explain briefl} NO C3. vegetation or fauna, movement of fish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: I NO C4. A communitys existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?Explain briefly. NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO 06. Secondary,cumulative,or other effects not identified in C1{6? Explain briefly. NO C7. A change in use of either quantity or type of energy? Explain briefly. NO PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c)duration; (d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Prepares Name Pre4arer's 519namra?Tide Date w !� • fw 'l I Southold Town Planning Board Town Hall Southold, New York 11971 Application of Henry E. Appel Re: New Suffolk Avenue Ole Jule Lane, Mattitucl N.Y. Minor Subdivision Gentlemen: i The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: I (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Y urs truly, PETER S. D WSKI, JR. PSD/pb I I �I vrnG.cda �JG I it W 114 r r WL V II.FCl/`L /�--r-C.��...cyt��.� �� '�t�t�, •��I . 'I • III -; Smdard N.7.B.7.U.Form SJa3•e-LGSM j;w oaany Deed wish Full Cod eranu–In&viduu er Co:po::cor,. ., � Gv�'..f'�'•st`ie LGM/ ei CONSULT YOUR LAWYER BEFORE v_SXING THIS INSTRUMENT—THIS iNSTRUMEN'. .40ULD BE USED BY LAWYERS ONLY. n y° ' THIS INDENTURE, made the -2 d day of July nineteen hundred and seventy BETWEEN RUTH kLUENDER, residin-- at 64-06 Lyrtle avenue , Glendale , New York 11227 and BERRY E. :;PDLL, residins at 65-45 11yrtle avenue , I Glendale , New fork 11227 ,/each to an undivided one-half interest as Tenants in Common party of the first pa-t, and RUTH ILUENDER residin- at 64-06 Llyrtle avenue , Glendale, New York 11227, ]ELI 1,0'TTE APPPL, residing at -65-45 Ll rtle avenue , Glendale, Ile",s, York 11227, --nu F t_=iiCIS J. Va1� .:ir EEN, 581 Onderdonk avenue , Rid-ewooa, New York, as •ienants in Jommon, each to an undivided one-t2ird interest party of the second part, CD OWITNESSETH, that the party of the first part, in consideration of I C] dollars, 14 a lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, their heirs or successors and assigns of the party of the second part forever, a� ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ' lying and beings at L1attltuck-, lo-w.n of voutholu, 'luffolk- Cowity, New l York, bounded and described as follows : BEGINNING at the corner formed b� the intersection of the southerly side of Ivee,r Suffolk Avenue and the westerlyside of Camp !�ineola Road (private road) ; runninj thence alonh ree the side of said Carap lllineola Road the follo4in- courses ana distances: (1) South 170 41 ' 20" ; est 221.00 feet ; thence (2) South 160 07 ' O� diest 552.43 feet; thence (5) South 70 32' 00" 'viest 521.93 feet to a concrete monument marking the northerly line of land of Schiller; ' thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 810 07 ' 40" 5iest 509.:99 feet .to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, 1;orth 70 32' 40" East 1179.16 feet to the southerlyy side of flew Suffolk Avenue - thence along the southerly side of I•Ietiv Suffolk Avenue , North 886 23' 04" Eas� 621.95 feet to a concrete monument - thence still along the southerly side of New Suffolk Avenue , Sou710 59' 20" East 17.02 feet to the point or . _ place :of BEGINNING. _ TOGE'TE2 with a ri:-•ht of ua� over said 25 foot right of way or roadway eXtend li= irO 1lev7 uffcl�-= _�Ve'-ue t0 pgC'On1C Bc�V - SUb]eCt to .esirr rig'tls of vvay of others therein. Beiip` °arid intended td be the same cremises conveyed to Van Stout Really Cor ), by deed `dated 1-20-67' and -recorded in Suffolk County = Clerk s Of�ice in Liber- 6105 Cp 441 and by deed from Van Stout ' Realty Corp. to the =antors herein by deed dated august 1969, intended to be recorred simultaneous) herewith. Subject to: (1) any state of facts ay accurate survey would show (12) Covenants, easements restrictions and agreements of record still in force and effec �, if any (j) Zoning ordinances of the Torr of Southold grid ' f - - _ µ f 3 _ A and rrowurJr w, •' sseeng— a Teou,s ly-he ruath-executed eL6YL�iTC6-rt�abG �Tl tyle SL1111 w'�,�7')!1 '-tffYr�EclTtee�}�-�3e3eiN-Yt-�I--_----- s That the grantors herein are the same persons as the grantees in deed. dated August 18, 196k and recorded in Liber 6612, Page 49 in the Office of the Clerof the County of Suffolk on August 16, 1969. SUBJECT to a first iaort,age held by yalcolm A. Tuthill, dated January 20, 1967 in the original amount of . 28,400.00 and now reduced to j20 448.00 to ether with interest at q per annum from January 2U, 1070. SUBJECT to a >second mortgage held by Susan Van lien Bosch and honte K. Stout in the original amount of 02 720.00 dated au:-ust 18, 1969 arid. now reduced to 418,176.Ob, together with interest at the ratd of 6 � per annum from July 20, 1970. 3 eczr ate--survey-may--shflw-sub jeet �6��ee33eacHzB�O�i3anz� e5tiil�.i,lui,S , ,—II4Ii�_--.. I , I 25 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. L I 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 costs 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 fany other purpose. AND the party of the first part covenants as follows: ` FtEST.—That said party of the first part is seized of the said premises in fee simple, and has good right to ; convey the same; SECOND.—That the party of the second part shall quietly enjoy the said premises; THiaD.—That the said.premises are free from incumbrances, except as aforesaid; FOURTH. That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTH.=That said party of the first part will forever warrant the title to said premises. 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 t - written_" I IN FBFSENCE OF: $ / I q RIENRY E- REPEL ��" dt-� FVtL� e4�r I Ai `STATE Of T ANISSE �!6J NEW YORK k r IIf � OF NEW YORIC. COMITY OF T_A . , �ss�; STATF OF NEW YORK, COUNT` On the .VGA• day of "fie. 197b 10efore r,e, On the day of 19 before me per Ily cache !� _ personally came to me ]mown to be the individuals described in and who to me known to be the individual described in and who ex ted the foregoing instrument, and acknbwledged that executed the foregoing instrument, and acknowledged.that executed the same. executed the same. I Yat?-t i 4 - 308175 coe'NOTHRy T.sTE or N•y. _ 7oRfIn Queen County oon1 . . ' STATE of NEW YORK,COUNTY OF sa: STATE OF NEW YORK. COUNTY OF s:c - ` On the day of 19 before me On the day of '19 before me "5 A personally came, personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that 'he resides at No. I whom I am personally acquainted, who, being by me duly " = sworn, did depose and say that he resides at No. that he is the .. } r, Of that he knows I ' the corporation described in and which executed the foregoing instrument; that heto be the individual knows the seal of said corporation; that the seal affixed" described in and who executed the foregoing instrument; 'p to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- . execute the same_; and that he, said witrness, i #t tion, and that he signed h name thereto by like orden at the same time subscribed h name as witness thereto. I it + P� P. EI a � ° W x w t totM w o w w z 3 J •7 `-1 I O O �' V7 'd 0 C u !E a v a q >_,-I O W �° x xG I EJ.� a N = W E� c c-d z , p U - 4 0 O n �Y 0 Jo i � r_a Ic_ w Gn w 7 SF Ln s-7 RECORD AND RETURN TO: cra a =I LASER FICHE FORM SUBDIVISIONS Project Type: Major Status: Final Approval SCTM # : 1000 - 114.-12-14 Project Name: Appel, Henry Location: Located on the south side of New Suffolk Avenue and the West Side of Old Jule Lane Hamlet: Mattituck Applicant Name: Henry Appel Owner Name: Henry Appel Zone 1 : R-80 Approval Date: 12/17/1990 PLAT Signed Date: nKil a2; l9q l OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : y(s l%�� r` rr 8r aQ,e 4qy Homeowners Association : ye5 R and M Agreement: Address: County Filing Date: 2/16/1993 SCAN Date: I PARCEL TO BE DEDICATED TO THE ' TOWN OF SOUTHOLD FOR FUTURE HIGHWAY PURPOSES, AREA=91.77 S:F UE - 7( NEW SUFFOLK gz2s00'E. 95' 02 "E:. •23Q` ___ _-_________ / --*' tea, , O '30.28' m C.B. NO.I R:ps pD. -/_ _� -re •\ ;'� :�c.Q,l-�, "h t_O m T.C.=16.50 321 I.E:13.00 ((6) 10,_0° DIA.K 8'-0°DEEP 44000 S.F. 11 r N LEACHING POOLS WITH „ 'e , ,1 1 1\, c C.I. FRAME a COVER ON -- ``.` `.` i 11 ..m_1--.:N � tl' ¢ NEW SUFFOLK AV / FIRST POOL. ', oa• E I l \ 'n ' _ .. . - `_ *• _ - ` ILO - 1 r1 III OFAzg � - ' < 44000 S.F 24. I I i1 N W Iz C.B. 2 / T.C.=2222.5022 rlII ,I ,1 ' I.E.=19.00 - S } I , i I `^' %' / - (6) 10'-0° DIA, X8'-0"DEEP LEACHING POOLS WITH DRAINAGE CRITERIA CI. FRAME B COVER ON ' Q 'f� FIRST POOL. �; / I 11 I I i /� '' '' Qe� y CATCH BASIN N0. i ' 44 p ,I 1 • 7 Q D ra TRIBUTARY AREA= 60289 S.F. KRAUSE Ro,1O IN 001 9.F. i 111 / } i W rRp 60289 SF. K 0.17 z 0.3 = 3074.7 CIE ri I 1 I 1' o _ f r ; g W rA 3074.7 + 0'-0" = N FT. %/ I x USE .7 168.4 DIA. z 8'-0" DEEP LEACHING POOLS I (1 ` ,) ,� 1 N 1?or CATCH BASIN NO. 2 ' 3001 \ , `1 _ I ' ~Q TRIBUTARY AREA=62462 SE LOCATION MAP 62462 SF, z 0.17 z 0.3=3185.6 C.F I = 600' 3185.6 + 68.42 = 47 FT. USE (6) 10-0°DIA z 6'-0"DEEP LEACHING POOLS t 1991 MAR • - b ';/ .- ,� ,- �� 1 5 - CATCH BASIN N0.3 1 000,8.E ` I 1 p O TRIBUTARY AREA= 43327 S.F. 0 1 1 m' N S.F. 0.17 K 0.3 -2209.7 0.F 0 2209.2209. F.7 : 68.42 = 32 USE (4) 10'-0"DIA, z8'-O" DEEP LEACHING POOLS 45000 S.F 1 111 26 0 V 1 � i x N a 300' ;' W OB. NO. 3 2 IT I II T.C.=23.50 O I.E.= 20.00 m-, 300' /� '� 21.6 ren 0 � qj /I N - O "aA"-" Z O J (4) 10'-0"DIA.z 8'-Q'DEEP y0Ip' 8 J, W ` LEACHING POOLS WITH y U a 4600 '' C.I. FRAME B COVER ON N ,� '10 SF O Z FIRST POOL. 7 / x , z FINAL ROAD 81 DRAINAGE PLAN 300' i O NOTE: PREPARED FOR 1 I ' I I TOPOGRAPHY SHOWN HEREON FROM "TOPOGRAPHIC _ I MAP- FIVE EASTERN TOWNS' PREPARED D FOR THE SUFFOLK COUNTY HENRY APPEL O 22 ! DEPT. OF PUBLIC WORKS I3 2.3. SUFFOLK COUNTY TAX"A' RESIDENTIAL- AGRICULTURAL ZONING USE DISTRICT AT MATTITUCK l 45000 S•E 3 OI J O __ 01ST IQ�O SECT 114 BL.aL0T 14 ED I Ii 4. TOTAL AREA = 15.3 ACRES SUFFOLKWN COUNTY,COUNTYO,LN.Y. 1 211 - ado, 0 - '81'07140"W ) 12.5p' y TNI 1 - - St'jE OF Nell,` IS SURVEY A A V1U„ o„ „OF I AUG. I I, 1987 HE rN6 72W IS A VIOUIION or - n/f I 509,gg' OCT. 3 , 1986 �F,µO W. SeRION Faov or ml Nrw rnRe 6rnn DATE; JULY 16, 1985 O CLUSTER foucnr101a uw - Robert F, g, n/f �pfherine A. I I CLU3lfER CALCULATION SCALE I° = 100 coefs of mis sueVn.xnr wr eeARINe" MOrie Ko IOUs PLAN John Simicich Jr. 5.3 X 43560 X 0 8_90000 = 6.7 lots NO. 85-158 Inf LA ED.SIAL ALL 1.7 SEAL OR 1 I ` m'aL'A' SIAL TRUL NO1 R COgpIpfR10 I T 10 R A VALID IRIR COPY I C DULY TO FH IPLR50N F R WHO THLL q R Q 5 A A D, AND f11 WHOM , :NIIYIi ' 'S rhFCOMP AND ON n8 gmALi L 'lu - ANY, nnl G INSTITUTION ION UI IC TALD11 n1,;ucr ARM, 46 StTL�//�N .,RIVERHEAD,N.Y. aaDINU INsnwnON LI;' IRDIC AND ALDEN Wr Y'0(JNG-N.Y.3.P.E.B L.S.LIC.NO.12B45 o mf Asslc„LEs I1 mL .Ef.I 11 Berl. N GDA0.ANTFf3 AI1[ ni01 II 'nApW HOWARD W YOUNG,N.YS.LS.LIC. N0. 45893 nn, Inw, w:mn.e � , .a. i... - 60085