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HomeMy WebLinkAbout1000-74.-1-42Southold, N.Y. 11971 (516) 765-1938 December 3, 1985 Ms. Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: John Simon Estate Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, December 2, 1985. RESOLVED that the Southold Town Planning Board amend the final resolution of January 21, 1985 to delete conditions 2 and 3 for the minor subdivision entitled "John Simon Estate", and authorize the Chairman to endorse the survey map dated January 21, 1985. When the Chairman has endorsed the surveys, we will forward one to you. If you have any qUestions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMKN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary P ~ , ,D Ts~'D $outhold, N,Y. 11971 (516) 765-1938 January 23, 1985 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: John Simon Estate Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 21, 1985. RESOLVED that whereas, a formal application for the subdivision plat entitled "John Simon Estate" Peconic was submitted to the Planning Board on June 7, 1984 and, filing fee of $100 was paid oF June 7, 1984, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southotd, New York, on January 7, 1985 7:45 p.m., and approval of a located at at WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Arthur P. Simon for approval of said subdivision plat prepared by Rod Van Tuyl, last dated January 21, 1985 , be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following~conditions within six (6) months from the date of this resolution: 1. Review and receipt of recommendations from the Suffolk County Planning Commission. Abigail Wickham Page 2 January 23, 1985 2. A 50' right-of-way running from the easterly property line to the westerly property line shall be offered for future dedication as a Town road. 3 . Condition 2 shall be filed as a covenant and restriction in the office of the County Clerk. When we are in receipt of notice that the above conditions have been met, the Chairman will endorse approval on the maps. If you have any questinss, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Elizabeth Mead DIMIKILT NOV ~n, ~ S~N, F~ S~, ~ S~ ~ ~,T~ SDS, ~1 resid~g at (no %) ~.~d~e ~d, Pe~nic, N~ York, ~ ~, resid~g at (no ~) W~i~ Way, ~x 367, ~e, N~ York, ~re~fter ~fer~ to as "~~". ~, ~e Decl~ts are ~ of ~ ~ers of all ~t ~ plot, piece or ~1 of 1~, wi~ ~e b~l~gs a~ ~v~nts ~er~n er~, sit~, ly~g ~ ~g at Peco~c, of ~u~ld, ~ty of Suffo~ ~ S~te of N~ Yo~, ~ ~scr~ as foll~s: B~GINNING at a point on the northerly side of M/~le l~ad (C.R. 27) at the southwest corner of the pre~uises herein described adjoining land of Marlake Associates on the West; RUNNING THENCE along said land North 44° 44' 20" West 5135.0 feet to Long island Sound; I~u/~qING THENCE along Long Island Sound, the tie line being North 71° 13' 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RUNNING ~:qCE along said land of Diller three courses and distances as follows: (1) South 45° 52' 50" East 1985.0 feet; (2) South 45° 45' 3]~" East 2827.53 feet; an~ (3) South 34° 22' 30" East 307.66 feet to a monun~_nt set on the northerly line of MHddle Road; RD/~NING ~ along said line, South 68° 11' 00" West 99 feet to lard of Elizabeth Simon; RUNNING TH~lqCE along said land two courses and distances ~s follows: (1) North 31° 49' West 214 feet; and (2) South 68~ 11' West 66.53 feet to land of Arthur Simon and others; RUNNING THENCE along said land the following three courses and distances: (1) North 26° 28' 20" West 138.56 ieet; (2) South 60c 48' 20" West 274.74 feet; and (3) South 29° 12' East 315.78 feet to the northerly line of Middle Road; RD2~ING THENCE along said line South 69° 17' 50" West 315.33 feet to the point or place of BEGINNING, and being the same premises of which SARAH J. SIMON died seized and possessed on May 2, 1962; and W/4EREAS, Declarants desire to subdivide t_he aforesaid premises into a subdivision to be known as Minor Subdivision for John Simon WHEREAS the test well sampled for the said subdivision indicates a groundwater supply having nitrate contamination in excess of the minimum drinkchug water standards of the State of New York, 10 rog./1 asN; ar~ WHEREAS, it is currently necessary for the County of Suffolk Depaz~,~nt of Health Service to approve any proposed subdivision within the County of Suffolk prior to the subdivision map being filed with t_he Suffolk County Clerk; and WHEREAS, the County of Suffolk Departn~_nt of Health Services has agreed to approve the aforesaid subdivision only if there is a recorded covenant disclosing the water supply probl~n and possible necessity for water treatment units and requiring future owners of the premises to connect to a future oa,,,unity water supply system, if any, and that no residence be occupied prior to a complete water analysis 2 being submitted to the Suffolk County Department of Health Services, and, if not m~eting the then existing quality standards for drinking water, that the necessary water conditioning equilanent be installed; it is DECLARfD AND ~'l'kD by Declarants, their heirs or successors and assigns forever, that no residence upon the above described property will be occupied prior to the. submission to the County of Suffolk Department of Health Services or its successor having jurisdiction over the drinking water quality at the above described real property, and, if found not to meet the then existing minimum c~1 ity stan~zrds of the State of New York for drinking water, that the necessary water conditioning equiianent be installed so t_hat the water, when conditioned, n~ets the said rain/mum quality standards for drinkirg water of the State of New York and evidence of the same is furnished to the Suffolk County Department of Health Servioes for their written approval; and it is further DECIARED AND COVT1NANi'~u by Declarants, their heirs or successors and assigns forever, that any owners of the three lots fronting on Long Island Sound as shown as Lots Nos. 1, 2 and 3 on "Map of Minor Subdivision for John Simon Estate, at Peconic, New York", made by Van Tuyl & Son, L.S., dated August 25, 1970, last revised Septmm%ber 9, 1982, filed with the Planning Board of the Town of Southold, be obligated to connect, at their own cost and expense, to any future water supply systam which may be created to supply water to any future 3 subdivision, ii any, on the farm ar~a shown as Lot No. 4 on the above-mentioned ~linor Subdivision Map if and when said Lot No. 4 is subdivided and developed. IN WITNESS W~E~REOF, the Declarants have executed this Declaration of Covenants and Restrictions the day and year first above written. ARTHUR P. SIMON FRANC~-q SIMf~ LEONE SIF~ '"k'~,T ZABETH S~ EI',T ZABETH ~ On the ~ day of September, 1984, before mm personally ca~e ARI~UR P. S/d~q, to me known to be the individual described in and who executed the foregoing declaration, and acknowledged that he execu~md the same0 Notazy Public &*CATE OF Nt~ YORK) COUNTY OF SO~'~OLK) on the ~day of Sept~nbex, 1984, before me personally came FRANCES SIMC~ and LEONE SIMON, to me known to be the individuals d~scribed in and who executed the foregoing declaration, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK) : SS,; On the ~f~day of September, 1984, before me personally came EIJZAB~A'H SIMC~, to me known to be th~ individual described in and who executed the foregoing declmration, and acknowledged that she execut~_ Notary Public STATE OF NEW YORK) ; SS.: CCONTY OF SUFFOLK) on the /~*~day of September, 1984, before me personally camm F. LIZAB~i.~ M~AD, to me know]u to be the individual described in and who execu~ the foregoing declaration, an~ acknowledged that she executed the sam~o Notary Public MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions 'J~..~'-, ~.-~0~''~ ~' Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) %tit~ Advertised ~' Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County' s recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map · / PLANNING BOARD MEMBE~[~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 2000 Betty Mead P.O. Box 112 Peconic, NY 11958 Dear Mrs. Mead, The Planning Board has reviewed the proposed map that will be created by the legal settlement on SCTM # 1000-74-1-42.1 (see first attached map). The Board feels that this subdivision would be inappropriate. It conflicts with the design of other subdivisions along Long Island Sound. The original subdivision of the property (see second attached map) placed all of the residential lots on the Sound. This is done on all Sound-front subdivisions to maximize the agricultural potential of the remaining large lot. The rectangular shape is easier to farm. The land along the Sound has the least value to farmers but the most to homeowners. The higher value of waterfront lots mean that fewer and smaller lots can be sold, protecting more land from development but yielding a greater profit. The Planning Board believes that this type &layout would be the best for the Town as well as all parties in the legal dispute. There are two options that would be acceptable to the Board. The first would be to grant you one or both &the Soundfront lots as proposed in the original subdivision. The other would be to straighten the northeastern (890.81' long) lot line to the Sound, providing a larger beach area. The Board sees no reason why this line should jog, and recognizes that this jog can cause problems later. Please contact me if you have any further questions. Sincerely, Craig Turner Planner PLANNING BOARD MEMBEe BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHA2VI, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 16, 2000 Betty Mead P.O. Box 112 Peconic, NY 11958 Dear Mrs. Mead, The Planning Board has reviewed the proposed map that will be created by the legal settlement on SCTM # 1000-74-1-42.1 (see first attached map). The Board feels that this subdivision would be inappropriate. It conflicts with the design of other subdivisions along Long Island Sound. The original subdivision of the property (see second attached map) placed all of the residential lots on the Sound. This is done on all Sound-front subdivisions to maximize the agricultural potential of the remaining large lot. The rectangular shape is easier to farm. The land along the Sound has the least value to farmers but the most to homeowners. The higher value ofwaterfrom lots mean that fewer and smaller lots can be sold, protecting more land from developmem but yielding a greater profit. The Planning Board believes that this type of layout would be the best for the Town as well as all parties in the legal dispute. Please contact me if you have any further questions. Sincerely, Craig Turner Planner :, 9ITUAT'~.. RE-CONIC ~ TOtNN Ot= 5UI=FOLK C. OUNTT, .gk,~-~qL~ ,~--'~b,lt,'i'K TAX '~ LD Southold, N.Y. 11971 (516) 765-1938 January 16, 1986 Mr. Robert Tooker Attorney at Law P.O. Box 839 Riverhead, NY 11901 Re: Estate of John Simon Subdivision atPeconic Dear Mr. Tooker: In accordance with the request of your office, enclosed is a copy of the report from our Town Inspector regarding the required improvements on the access road within the above mentioned subdivision. 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. ~_-nry E. Ra.vnor, Jr., Chairman Southold To~m Planning Board REPORT NO. 267 John W. Davis RE: DATE: December 27, 1982 JOH~! SIMCN ESTATE IN PEE0:¢IC - 1,~TNOR Sb~DIVISION ACCESS ROADS ~he existing road except fpr the first 180 ft. runs in a straight course to the wooded area on the bluff. ~he~e is no change in thc present road as observed in February, 1981 except the ruts (car tread gauge) are considerably deep,r. No oth,r material has been plnced on the surface. Tn. road is on -riginsl ground and for the most part is higher than the adjacent farm land by approximately 1 ft. (See Report No. 160). ' Ih. 25 ft. R.O.W. at the south frontage of lots 1, 2 and 3 is in onen and woo~ /-=.nd. ' Recommendations: 1. If the first 180 ft. of the road is to be r~located in the 25 ft. R.O.~J.: Remove topsoil and replace with banl~un sand and gravel to the same topsoil elevation. Foll~ writh the same requirements as for the rest of the road. the present entrance is to be retained, fill in deer,selene and update with 6" of compacted sand and gravel. ' If ~he remaining road length up ~ the lots should be graded smooth (ruts and small depres.~ions fi/led). Cq.mpactcd sand and gravel (Gravel content to be 20% or more and a loam content of 10% *_ ), shall be ol~ced far a depth cf 6" and a ~idth of 12 ft. ' 3. 25 ft. R.O.I¢. at south end of Lo,s: e Remove topsoil. Replace with sand and gravel to sa~ topsoil elevation'. Flace same bank m~n material as noted in (2.) f~r a depth cf 6" and a width of 12 ft. Clear any wooded area on the easterly R.O.W. for 25 ft. Tn. length of this one way road 'from I~ddle Road to the lots is 4700 ft. It might be advantageous to install one or two turnouts along thi~ length. ~here should be no draiuage problcm, s as long as the road is kept higher than t adjacent farm land. 7. T~rning emergency vehicl6s can be done at Lot driveways. Southold, N.Y. 11971 (516) 765-1938 January 16, 1986 Mrs. Betty Mead P.O. Box 112 Peconic, NY 11958 Re: Estate of John Simon Dear Mrs. Mead: In accordance with your enclosed herewith is a copy of the signed map for the above mentioned approved subdivision. Also, enclosed is a copy of the Inspector's report regarding the required improvements on the access road. If you have any questions, please don't hesitate to contact our office. Very truly yours, By Diane M.Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 December 23, 1985 Abigail Wickham Wickham, Wickham, and Bressler Attorney at Law PO Box 1424 Mattituck, NY 11971 Re: Estate of John Simon Dear Ms. Wickham: Enclosed is a survey for the above mentioned subdivsion, which has been approved and endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMANu SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Daniel C. Ross WICKHAm, WICKHAM & BRESSLER, HAIN ROAD, P.O, SOX 1424 MATTITUCK LONG ISLAND 516-~98-835M DATE November 22, 1985 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 Re: Minor Subdivision - John Simon Estate Gentlemen: It appears that relocation of the right of way to the East side of the farm is not feasible for the following reasons: 1. There is an existing farm road on the West side. To build another road on the East would decrease the amount of property available for farming. 2. An East-West road across the farm to lots 1, 2 and 3 would cut off the farmed portion North of the roadway, which is now actively being farmed. Therefore, Mr. Arthur Simon has requested that this subdivision proceed with a 25 foot right of way along the West side of the farm, as shown on the map. We also understand that the East-West right of way along the South side of lots 1, 2 and 3 would be reduced to 25 feet. You have a map in your file dated September 9, 1982, which we request be approved. AAW/jas Very trulY yours, Abiga~ a. Wickham WICKHAM, WICKHAM & BRESSLER, MAIN ROAD. P.O. BOX 14~4 MAtTITUCK lONG ISLAND NEW YORK II95~ November 7, 1985 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Minor Subdivision - John Simon Estate Gentlemen: We would like to finalize this subdivision, and I would appreciate a response to my inquiry regarding the language for a covenant concerning the right-of-way, if you would like me to schedule another meeting with the Board to discuss it, or if there have been any questions raised by Mr. Tasker which you would like me to address, please advise. AAW:emu PI TOW.~ ( ,D Southold, N.Y. 11971 (516) 765-1938 November 6, 1985 Judith Terry Town Clerk Town Hall Southold, NY 11971 Re: Estate of John Simon Arthur P. Simon - applicant Dear Mrs. Terry: Enclosed is a copy of the Town Planner 's memorandum regarding the above mentioned subdivision, which the Planning Board has reviewed. The consensus of the Board is in favor of the recommendations within the report. we are forwarding this to the Town Board for their review, and request their input ~as to whether they would be in favor of this. 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. Judy- Just to give you some background for the Town Board regarding the John Simon Estate, the Planning Board approved this subdivision with a condition that a 50' right-of-way be offered for futrue dedication as a Town Road from the easterly property line to the westerly propoerty line. The applicant was concerned, however, that if and when a road is ever built, a parcel will be left and he asked that this parcel be conforming so he is not left with an unbuildable lot. The Board agreed with this and proposed covenants and restrictions w~re drawn up. Since then, however, the Town Attorney advised us that if a road is accepted by the Town and no improvements are made within a certain amount of time it will revert back to the owner. The Board requested this "paper road" pursuant to the Master Plan and the possible Soundview Avenue Extension. However, the applicant approached Supervisor Murphy and requested that the Town Board review this. The Supervisor then requested that Dave prepare a report, which is what the Planning Board is referring to the Town Board. Southold, N.Y. 11971 (516) 765-1938 TO: FROM: DATE: RE: MEMORANDUM Supervisor Francis J. Murphy David Emilita~ Town Planner October 21, 1985 John Simon Estate Regarding your request for input on the above mentioned subdivision I have reviewed the file. It is my suggestion that this matter could be handled by requesting an irrevokable offer of dedication for the proposed road, with one of the conditions being that no non-conforming parcel be created. The location of the road is to be determined when the right-of-way alignment of Soundview Avenue is laid out. In this way, the Board would be able to accept the offer of dedication at any time and it could not be revoked. Also, the applicant can be assured that if dedication is accepted and the road actually constructed, the parcel left will be conforming. D 1985 HENRY E. RAYNOR, J[.. C~airman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F, MULLEN, Jr. Southold, N.Y. 11971 December 2, 1982 TELEPHONE 765-1938 Mr. William Wickham Wickham, wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: John Simon Estate Set-Off Dear Mr. Wickham: The following action was taken by the Southold Town Planning Board, Monday, November 30, 1982. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the map of John Simon Estate, dated July 30, 1982, located at Peconic, subject to the filing of covenants and restrictions stating no further subdivision will be made on the lot designated as lot ~1 in the future. Upon receipt of four (4) copies of the above mentioned map and a copy of the filed covenants and restrictions stating no further sub- division will be made, the Chairman will endorse approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary P Southold, N.Y. 11971 (516) 765-1938 March 2 0, 1985 Abigail A. Wickham Attorney at Law Main Road Mattituck, NY 11952 Re: John Simon Estate Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, March 18, 1985. RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission's resolution of disapproval regarding the ~nor subdivision of John Simon Estate located at Peconic. If you have any quesions our office. , please don't hesitate to contact Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane Mo Schultze, Secretary T S1 :D ;LD Southold, N.Y. 11971 (516) 765-1938 March 20, t985 Mrs. Betty Mead 7 Chase Commons Shirley,NY 11967 Re: John Simon Estate Dear Mrs. Mead: As per your request, enclosed is a copy of the Suffolk County Planning Commission's resolution regarding the John Simon Estate. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 March 1, 1985 Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: John Simon Estate located at Pecon±c Dear Mr. Tasker: Enclosed is a copy of covenants and restrictions for the above mentioned subdivision, as well as, correspondence from the applicant's attorney and a copy of the subdivision map. Also, enclosed is the Board's resolution requesting the 50' right-of-way which is indicated in the Covenants and restrictions. As you can see, the applicant is concerned that when such a road is dedicated, a separate parcel will be created, and they want to be sure this parcel will be a buildable lot. Therefore, they have incorporated this condition into the covenants. Would you please review them and then let our Board know if they are in order. Thank you for your assistance in this matter. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD~ P,O. BOX 142~ MAtTITUCK LONG ISLAND NEW YORK ~I952 February 26, 1985 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 ~: Minor Subdivision - John Simon Estate Gentlemen: We would like to respond to the c~L,(~nts of the Suffolk County Planning C~Ll~.~ssion as set forth in their letter of February 11, 1985. The parcels in the proposed subdivision will not be landlocked parcels, as the Planning Board can require road inprovements rd'be installed prior to issuance of certificates of occupancy in order to acc.,~L,Ls3date e~=_rgency and non-emergency access. Application to th~ Zoning Board of Appeals under 280-A of the Town Law would not be necessary. e The creation of lots which are less than the current 2-acre zoning requir~nent does not create a precedent, because the Town Board granted relief frc~ 2-acre zoning under Local Law 11, which was available only to a limited nua~ of applicants. The procedure of setting off the hc~nestead prior to sulmlission of a minor subdivision was a procedure rec~L~nded by the Southold Town Planning Board after extensive discussions with the applicant. This minor subdivision layout is in accordance with good planning in that it does not create isolated or odd shaped parcels. Any major subdivision of the overall farm would undoubtedly include set-off of the hcmestead buildings and creation of as many lots on Long Island Sound as possible. Although the plan is to keep Lot 4 as a farm, this minor subdivision would not prevent a reasonable subdivision plan for the re~aining farm. Since we do not believe the Planning Cu,,~.~ssion's c~nts are appropriate for disapproval of the map, we request that you override their rec~Li~ndation. Very t~uly yours, Abidail A. Wickham WILLIAM W~CKHAM ERIC J, BRESSLE~ WICKHAM, WICKHAM & BRESSIER, P.e. MATTITUCK LONG ISLAND NEW YORK IJ9S2 Sl6-298-8353 February 26, 1985 Southold Town PlanningBoard Town Hall -Ma inRoad Southold, NY 11971 Re: Minor Subdivision - John Simon Estate Gentl~m~en: The Simon family is agreeable to the request for a 50 foot East-West right-of-way connecting with the Diller farm for futur~ highway dedication. Their concern, however, is that when such a road is dedicated, it will create a separate parcel to the North of the road as indicated on the enclosed sketch. The Simons would like to be sure that that parcel could be approved as a buil~ble lot at the time it is set off by the dedication without having to file a major subdivision map. Pursuant to our discussion last Friday, I enclose a draft of language for a covenant. Please advise if this is acceptable or if there are any alternative solutions to the Simons' concern. Very truly yours, Abigail A. Wickham /~u encls. Re: Simon Minor Sub~ision A 50~foot right-of-way shall be reserved for future dedication to the Town of Southold for highway purposes, said right-of-way to be located along the southerly line of lots 1, 2 and 3 and extending from the westerly property line, easterly and southeasterly to a connecting 50 foot right-of- way on adjoining property now or formerly of Diller, said parcel to be dedicated upon request of the Town of Southold and issuance of a vacant land Certificate of Occupancy bY the Southold Town Building Department for the parcel located North of said right-of-way, East of lot 3 on said minor subdivision map, and West of the Diller parcel. Declarants, their successors and assigns, shall not be required to make any improvements to said right-of-way prior to offering it for dedication, except such improvements as may be required by the Planning Board by resolution dated in connection with its approval of said minor subdivision. l COUNTY OF SUFFOLK PETER ~'. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING FEB 15 1985. February 11, 1985 Mr. Bennett Orlowski, Jr., Chairman Town of Southeld planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - John Simon Estate Northerly side of Middle Road, C.R. 48, approximately 2,400 feet easterly from Bridge Lane, Peconic. ~ear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 6, 1985, reviewed the proposed subdivision plat, entitled, '~linor Subdivision - John Simon Estate", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: The proposed subdivision will result in the creation of three land- locked parcels; that is, parcels that do not have frontage on an ex- isting or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned; this could re- sult in health, safety and welfare p~oblems for the future residents of these lots. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a build- ing permit for each of these lots under Section 280-a of the Town Law as the future owners of these lots cannot be held responsible for the landlocked nature of the parcels. In addition, the future lot owners will have to depend upon a 25 foot wide by 4,700~ foot long right-of- way for access to their properties. This access, because of its esces- sire length, may be restrictive to use by emergency and service equip- ment. In addition, the access will present extraordinary clearing problems during periods of heavy, snowfall during the winter months, under which condition the residences can become isolated. Creation of a subdivision with substandard lots, that is, lots whose areas are considerably less than the minimum required by the zoning classification of the property, constitutes an overintensification of land use in a groundwater sensitive area in what is meant to be a low density area. Such action could establish a precedence for future subdivisions of this kind which would essentially be a circum- vention of the Town Board's action taken over the past years to up- zone these groundwater sensitive areas. Mr. Bennett Orlowski, Jr. 2 February 11, 1985 Re: Minor Subdivision - John Simon Estate This subdivisio~ proposal should have been treated as a major sub- division as the tract is being subdivided into a total of five parcels over a period of a few years. In addition, the eriginal subdivision (set-off) in November of 1982 was not, according to our records, referred to the Commission in accordance with the requirements of Section 1333, Suffolk County Charter, and may, therefore, be pro- cedurally defective. Piecemeal subdivision of a large tract without a tentative overall sub- division plan should be approached with caution. Prior subdivision that is not in accordance with a plan can result in a poor layout in the future and elicit a plea of hardship by the subdivider for relief from some of the subdivision requirements. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-85 -05 CGL:Jk Encl.: Map cc: J. A. Kinsella, County Clerk A. Barton Cass, Commissioner, SCDPW R. A. Villa, P.E., SCDHS Charles G. L~nd, Chief Planner Subdivision Review Section Southold, N.Y. 11971 (516) 765-1938 January 25, 1985 Mr. Charles G. Lind Chief Planner Subdivision Review Section Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: John Simon Estate Dear Mr. Lind: According to your request of November 14, 1984 for more information on the abov~entioned subdivision, we offer the following information. Three copies of the subdivision map with exact dimensions, copy of correspondence from the attorney for the applicant regarding the right-of-way and the separate lot on County Rte. 48, as well as, a copy ~ the Planning Board's action regarding same. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. ,C HAIRMAN SOUTHOLD TOWN PLANNING BOARD 'enc. WlCKHAM, WICKHAM & BRESSLER, I~.C. SI6-298-8353 January 21, 1985 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Mimor SUbdivision John Simon Estate Gentlemen: Enclosed are six prints of the survey, revised to show exact distances and bearings as requested by the Suffolk COunty Planning Commission by letter dated NOvember 14, 1984. Please be advised that the 1.845 acre parcel on Middle Road (referred to as the 1.345 acre parcel in the Suffolk County Planning Commission's letter of November 14, 1984) was set off by action of your Board on November 30, 1982. We enclose a copy of your letter to us advising of your Resolution. The right of way shown on the map is an existing roadway which will be improved pursuant to specifications of the Planning Board. You should have a report in your file from John Davis dated December 27, 1982. Very truly yours, Abi~ Wickham AAW:emu encls. WICKHAM, WICKHAM & BRESSLER, P.c. MATTITUCK LONG ISLAND 516-298-8353 January 15, 1985 Southold Town Planning Board Town Hall - Main ~Dad Southold, NY 11971 Re: Minor Subdivision - John Simon Estate Gentlemen: I was quite disturbed to read Mr. Diller's letter, because its accusations of my misinforming the Board are in themselves inaccurate. The only direct c~m~nication between Mr. Diller and this office was a telephone conversation between Mr. Diller and Mr. Wickham in which Mr. Diller stated he would ccme in to see us on a Saturday morning to discuss the Planning Board's proposal. He never did. As to cum,unications directly with my clients, it was not until after Mr. Diller's letter to you of January 10, 1985 that I was advised that there were very limited conversations. Mr. Diller spoke on the telephone with Arthur Simon several weeks ago and generally mentioned the right-of-way. No specifics were discussed, and Mr. Diller said he was going to ccme in to speak to Mr. wickham the following Saturday. Mr. Diller telephoned Elizabeth Simon Mead a couple of times, but she told him on both occasions that until the Planning Board had acted on the Simon subdivision, they did not want to cause further delays by revising the right-of-way. The Simon family's position is the s~ae as I indicated in my letter to you of November 10, 1984. I have just been advised that the Meads did agree to meet with Mr. Diller later this week to hear his proposal, but only on the understanding that it not affect their current application. They are very ar~xious to begin construction this Spring and feel that in addition to the probl~ns set forth in my letter of November 10, 1984, restructurir~3 the right-of-way would prejudice their timetable. I do not believe that I misinformed the Board that no agreement has been made with Diller, and no substantive discussions have occurred, but I do apologize for the confusion caused by my lack of knowledge that Mr. Diller did contact my clients directly rather than Mr. Wickham or me and his subsequent letter to you. cc: Mr. John C. Diller Mr. Arthur Simon Mrs. Elizabeth Simon Mead yours, JOHN C. DILLER PECON~C BAY BOULEVARD LAUREL, NEW YORK ].1948 January 10, 1985 Mr. Bennett Orlowski, Jr. Chairman Planning Board, Town of Southold Town Hall Southold, NY 11971 Dear Mr. Orlowski: have been informed by two separate sources that during Monday evening% Planning Board hearing regarding the S/man subdivlsio~ that you inquired of the Simons~ attorney, Abigail A. Wickham, as to whether any communication had taken place with the Dillers regarding a joint right of way to access the Sound lots of our subdivisions. I understand that Ms. Wickham responded to the effect that the communications had been one-sided in that her office had contacted the Dillers regarding the proposed joint right of way but had received no response from the Dillers. If the foregoing correctly describes Ms. Wickham's response, I wish to inform you that she is totally mistaken and she has seriously misled you and other members of the Planning Board. In fact, upon receiving the attached letter from Bill Wickham, who I believe is Ms. Wickham% father and partner, I immediately responded by telephone indicating discussions regarding the joint right of way had already commenced between us and his clients, the Simon family. Those discussions have continued, with our next meeting scheduled for January 15th. I will state for the record that the Dillers are interested in working out a joint right of way and ! have been informed by the Simons that they share that desire. I hope that the foregoing will dispell the effects of any misrepresentation to the Board and will confirm our intention to pursue the joint right of way suggested by the Board at its August 27, 1984 meeting. Should there be any questions regarding this matter please contact me at 212-838-8450. J~hn C. Diller cc Mr. Frank J. D£11er Mr. and Mrs. Richard Mead Mr. Arthur Simon and family Mrs. Charles Simon Mr. John Simon Abigail A. Wickham, Esq. William Wickham, Esq. WICKHAM, WICKHAI',4 & BRE$SLER, September 17, 1984 ii 1985 ~. John C. Diller P.O.: Box 39 Laurel, NY 11948 Re: Minor Subdivision of John Simon Estate Dear Mr. Diller: I Understand that at the last meeting of the Planning Board, your application for minor subdivision was con- sidered, and in the discussion, the Board suggested that you'consult with the Simon Estate for a neutral right-of- way between the two parcels. Gail and I would like to discuss this with you and would appreciate a call as to a convenient time. We shall probably be in the office this coming Saturday up to 11:30 a.m. if that would be more convenient for you.' Very?g~ial. ly yours, William Wickham WW:emu LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New YOrk in said Town on the 7th day of January, 1985 on the question of the following: 7:30 p.m. Approval of the minor subdivision of the John Simon Estate at Peconic, in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road at the southwest corner of the premises herein described adjoining land of Marlake Associates on the west; RUNNING THENCE along said land N. 44o44'20'' west 5135.0 feet to Long Island Sound; RUNNING THENCE along Long Island Sound, the tie line being N. 71o13'00'' east 738.85 feet to land of the Estate of Clarence F. Diller; RUNNING THENCE along land of Diller three courses and distances as follows: (1) S. 45o52'50'' east 1985 feet; (2) S. 45°45'30" east 2827.53 feet; and (3) S. 34© 22'30" east 307.66 feet to a monument set on the northerly line of Middle Road; RUNNING THENCE along said line, S. 68011'00'' west 99 feet to land of Elizabeth Simon; RUNNING THENCE along o said land two courses ~d distances as follows: (1) N. 31 49' west 214 feet; and (2) $.68o11 west 66.53 feet to land of Arthur Simon and others; RUNNING THENCE along said land the following three courses and distances: (1) N.26°28'20" west 138.56 feet (2) S. 60o48'20'' ~st 274.74 feet; and (3) S. 29°12'east 315.78 feet to the northerly line of Middle Road; RUNNING THENCE along said line S. 69o17'50'' west 315.33 feet to the point or place of BEGINNING. Containing 81.757 acres. 7:45 p.m. Approval of the final maps of the major subdivisJ of Laurel Estates,~located at Laurel, Town of Southold, County of Suffolk, State of New York and bounded and described as follows: on BEGINNING at a point formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Matt[tuck Park District, which point in 1165.29 feet as measured northerly along the easterly line of Aldrich Lane from Main Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the follo wing courses and distances: 1) N. 34o03'00'' W. 1169. 06 feet; 2) N. 32o56'30'' W. 370.96 feet; thence easterly along the land now or formerly of Kujawski the following courses and distances: 1) N. 53o48'40,, e. 270.70 feet; 2) N. 66o37'40" E. 106.25 feet; 3) N. 56°21'10" E. 69.30 feet; 4) N. 45o09'40'' E. 73.70 feet; 5) N. 53© 04'40" E. 117 feet; 6) N. 56o18, 10" E. 28.63 feet; 7) N. 40°39'10" E. 30.36 feet; 8)N. 49°42'10" E. 73.30 feet; 9) N. 63o51'40'' E. 26.40 feet; 10) N. 45059'40,, E. 25.35 feet; 11) N. 43°13'10" E. 62.80 feet; 12) N. 23°55'10'' E. 86.85 feet; thence southerly along the land now or fermerly of Roy Reeve the following courses and distances: l) S. 27°28'50'' E. 88.80 feet; 2) S. 33°34'10'' E. 336.50 feet; thence southerly throught the land of Luis San Andres, Lynn San Andres and David J. Saland approximately 1600 feet to a point in the northerly line of the land now or formerly of Thomas Wowak, which point is approximately 125 feet westerly of the northeasterly corner of the land now or formerly of Thomas Wowak ; thence S. 56© 11'50" W. along the northerly line of the land now or formerly of Thomas Wowak approximately 365 feet to the land of the Mattituck Park District; thence northerly and westerly along the land of the Mattituck Park District the following courses and distances; 1) N. 33o48' 10" W. 379.76 feet; 2) S. 55o57'00'' W. 578.10 feet to the point or place of beginning. Containing 36 iacres. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: December 17, 1984 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN PLEASE PUBLISH ONCE DECEMBER 20, 1984 and FORWARD TWO AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on December 17,1984: /The Suffolk Times David Saland The Long Island Traveler-Watchman Supervisor Francis J. Murphy Abigail Wickham 8) N. N. N. BOARD 1) 8. ' '"~.~.Tt' ORt,OW~'Y. dR., No 4796131, SuffoJk County Tertn Expires March 30 19~ of Greenpor~, in says that he/abe is - ,K TIMES, a Weekly aport, in the Town ) ,.'( and State of New _ hich the annexed is ulerly published in week for lng on the 2 1984 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIV- EN t~at pursuant to Section 276 of Town~~ I~w, public he'rings will be.-~ld by the ~thold Town~( ~nning ~ at the ~n HMI Main R~d: Sout~]d;~New York ~dT~n on~e 7t~ day of ~,:19~ ~ the question · ~c? ~:~ p.md~oval of the ~ subdl~is~n:~ ~ John T~a;~ ~outh~, County of ~od and described as BEO~NING at a point on the no~erly side of Middle Road at the southwest corner of the premises herein de- s~bed adjoining land of ~- l~e Associates on the west; R~NING THENCEalong said land N. 44° 44' 20" west 51~0 feet to ~ng Island Sound; RUNNING THENCE along ~ng Island Sound, the fie line being N. 71° lY ~" e~t 7~.~ fee~ ~ land of the ~te of Cin~n~: F. D~ler; RUN~G T~N~ , along l~d of Diller t~ ~rses and~ees as f~ ~} S. ~5~ east s. 4~° '45' 30" f~; and (3) S. 34° ~" ~e~t 307,66 ~eet to a ~onu- ~at set on ~e no~y l~e ': ~ Mille Road~ , BURNING ~NCE Mong ~a;. ~e, S ~o 11' ~" we~ ~ ~eet to land of El~abeth Simon; RUN- NING THENCE along said land ~o coupes and distances as follows: (1) N. 31° 49' west 214 feet; ~d (2) S. ~o 11' west ~.53 feet to land of A~hur SMon and others; RUNNING THENCE said land the foll~mg ~e courses and di~ees: (1) N. 26° 28' 20" west 138.56 f~t (2) s. ~o 48' 20" west 274.74 feet; ~d (3) S. 29° 12' Cast 315.78 feet to the no~herly line of Middle R~; RUN- NING THENCE along s~d line S. 69° COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHAG~N, 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-Watch- man once each week for ............................/. ........... weeks successively, commencing on the ............... ..~.f...~.. ......... Sworn to before me this ...................~....~. ......... day of Notary Public BAI~AI~, FORJ3ES Notary Public, State of New York 1~o. 480~8~ Qualified in Suffolk County Commission Expires March 30, 190c~ f: the final of BEGINNING at a '~oint formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Mattituck Park District, which point is 1165.- 29 feet as measured northerly along the easterly line of Aldrich Lane from Mail/ Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the following courses and distances: (1) N. 34° 03' 00" W. 1169.06 feet; (2) N. 32° 56' 30" W. 370.96 · feet; thence easterly along the land now or formerly of Ku- ~ jawski the following cour{;es and distances: (I) N. 53° 48' 40" e. 270.70 feet; 2) N. 66° " 37' 40" E. 106.25 feet; 3) N. 56° 21' 10' E. 69.30 feet; 4) N. 45° 09' 40" E. 73.70 feet; 5) N. [; .~°-04;40"E. ligfnet; 6) N. ~' 56° 18' i0" ]~. 28.'63 feet; 7) N. ~ 40° 39' 10" E. 30.36 fe~t; 8) N. 490 42; 10" E. 73.30 feet; 9) N. 63° 51' 40" E. 26.40 feet; 10) N. 45° 59' 40" E. 25.35 feet; 11) N. 43° lY 10" E. 62.80 feet; 12) N. 23° 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the following courses and distances: 1) S. 27° 28' 50" E. 88.80 feet; 2) S. 33° 34' 10" E. 336.50 ~eet; thence southerly through the land of Luis San Andres, Lynn San Andres and David Saland approximately 1600 ' feet to a point in the northerly line of the land now or formerly of Thomas Wowak, 'which point is approximately 125 feet westerly of the north- easterly corner of the land now or formerly of Thomas Wowak; tie line being N. 71° 13' 00" east 738.85 feet~ ~ land of the Estate of Clarenc~ F. Diller; RUNNING THEN~ . along land of Diller tl~xC&~ Courses and dis.tances as foll~$::~:~ S. 45° 52~'50'' east 1985~!~(2) S. 45° '4S' 30" east~'28~?.53 feet; and (3) S. 34° 22'!30" east 307.66 -feet to a ,inonu. ~'inent set on the northeiqy line ' ~ Middle Road; ~RUNNING ~-IENCE along ~4id. line S. 68° 11' 00" west ~ 'feet to laud of Elizabeth Silnon; RUN- NING THENCE along said laud two courses and distances as follows: (i) N. 31° 49' west 214 feet; and (2) S. 68° 11' west 66.53 feet to land of Arthur Simon and others; RUNNING THENCE along said land the follow~ng three courses and distances: (1) N. 26° 28' 20" west 138.56 feet (2) $. 60° 48' 20" west 274.74 feet; and (3) S. 29° 12' east 315.78 feet to the northerly line of Middle Road; RUN- NING THENCE along s~id line S. 69° 17' 50" west ~15;33 feet' to the point BEGINNING~ 757 acres. ~ 7:45 p. the final lb- Sworn to before me this ................ ..?.f. ........ day of ........... ......... , Notary Public BARBARA FORBES Blot~ry Public, State of New York No. 48068~ Qualified in Suffolk County Commiaaion Expirua Mm-eh 30, 19oc~ of BEGINNING at a ~oint formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Mattituck Park District, which point is 1165.- 29 feet as measured northerly along the easterly line of Aldrich Lane from Malr/ Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the following courses and distances: (1) N. 34° 03' 00" W. 1169.06 feet; (2) N. 32° 56' 30" W. 370.96 feet; thence easterly along the land now or formerly of Ku- jawski the following courses and distances: (1) N. 53° 48' 40" e. 270.70 feet; 2) N. 66° 37' 40" E. 106.25 feet; 3) N. 56° 21' 10" E. 69.30 feet; 4) N. 45009, 40" E. 73.70 feet; 5) N. 53° 04' 40" E. 117 feet; 6) N. 56° 18' 10" E. 28.~'~3 feet; 7)N. ~ 40° 39' 10" E. 30.36 feet; 8) N. 49° 42' 10" E. 73.30 feet; 9) N. 63° 51' 40" E. 26.40 feet; 10) N. 45° 59' 40" E. 25.35 feet; 11) N. 43° 13' 10" E. 62.80 feet; 12) N. 23° 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the following courses and distances: 1) $. 27° 28' 50" E. 88.80 feet; 2) $. 33° 34' 10" E~ 336.50 ~eet; thence southerly through the land of Luis San Andres, Lynn San Andres and David J. 5aland approximately 1600 ' feet to a point in the northerly line of the land now or formerly of Thomas Wowak, which point is approximately 125 feet westerly of the north, easterly corner of the land now or formerly of Thomas Wowak; thence S. 56° 11' 50" W. along the northerly lin~ of the land now or formerly of Thomas, Wowak approximately 365 feet to the land of the Mattituck Park District; thence northerly and westerly along the land of the Mattituck Park District the fo0owing courses and dis- tances: 1) N. 33° 48' 10" W. 379.76 feet; 2) S. 55° 57' 00" W. 578.10 feet to the point or place of beginning. Containing 36 acres. Any person desiring to be heard on the above matters should appear at the time and place above speci- fied. Dated: December 17, 1984 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNE'Fr ORLOWSKI, JR., CHAIRMAN 1T-12/20/84(13) SLaY 8outhold, N.Y. 11971 (516) 765-1938 November 28, 1984 Ms. Abigail Wickham Attorney at Law P.O. Box 1242 Mattituck, NY 11952 Re: Minor subdivision John Simon Estate Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board, Monday, November 26, 1984. RESOLVED that the Southold Town Planning Board set January 7, 1985 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of the John Simon Estate located at Peconic. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~qD~UTHOLD TOWN ~LANNING BOARD By Diane M. Schultze, Secretary S~TY Southold, N.Y. 11971 (516) 765-1938 November 16,1984 Abigail Wickham Attorney at Law P.O. Box 1242 Mattituck, NY 11952 Re: Minor subdivision John Simon Estate Dear Mrs. Wickham: Enclosed herewith is correspondence from the Suffolk County Planning Commission regarding the above mentioned subdivision. Please submit the necessary information to our Board so that we may forward to the Suffolk County Planning Commission in order for them to make a determination. We will need six (6) copies of the map with the exact distances and bearings as requested, rather than twelve. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN By Diane M. Schultze, Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-.5207 t Uv Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Plat Nam": November 14, 1984 Preliminary Final X Minor Subdivision - John Simon Estate Location: N/wly/s ~ddle Road C.R. 48 2400'~ ely of Bridge Lane, Peconic, N.Y. Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk CotmDy' Charter, the above referral will not be reviewed by the Suffolk County Planning_ Commission because of noncompliance with requirements for notice and maps as stipu- lated in Informational Bulletin #8 of' the Suffolk County Planning Commission. The material as checked below is required before referral will be reviewed: 3 copies of final map 1 copy of preliminary map 1 copy of proposed grading plan 1 copy of proposed road profiles 1 copy of proposed drainage plan 1 copy of topographic map X Letter from N.Y.S.D.g.C (Tidal Wetlands and/or Freshwater Wetlands Act) Other SEE OTHER SIDE File: 1333-D-84-67 CGL:Jk Form: $RS-76-01 Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section 11788 1. Ail lot lines must show exact distances and bearings. What is the status of the 1.345 acre parcel on Middle Road? If it is an additional and separate lot it must be designated as Lot No. 5 changing the subdivision from a "Minor Subdivision" to a "Major Subdivision". 3. Is Right-of-Way shown on map existin~ or proposed? Please clarify. WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD~ P.O. BOX [424 MATTITUCK LONG ~SLAND NEW YORK 11952 516-29~-8353 November 10, 1984 Southold Town Planning Board T~wn Hall - M~n Road Southold, NY 11971 Re: Minor Subdivision - John Simon Estate Gentlemen: Our letter of November 1, 1984 inadvertently referred to preliminary approval. Since this is a minor subdivision, we would like to request that the matter proceed to final approval at this time. With regard to your request that consideration be given to a 25 foot right-of-way adjoining the Diller farm, the Simon fsmily does not believe that such a right-of-way should be given at this time. The access to the Soundfront lots is provided on the West side along the road that has always been used for access to the northerly part of the farm. The right-of-way on the East side would have to cut across the farm at scme point to reach the Soundfront lots and would not be a feasible method of routing the access. In the event there is ever a major subdivision of the fa/m, the Simons understand that a 50 foot road would have to be located according to the layout of the subdivision. Abigail A. wickham WICKHAM, WICKHAM & BRESSIER, MAIN ROAD~ P,O. BOX 142'~ MATTITUCK LONG ISLAND NEW YORK 1195~ 516-298-8353 November 1 , 1984 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Minor Subdivision - John Simon Estate Gentlemen: Enclosed is a copy of the approval of the Department of Health Services together with a copy of the Declaration of Covenants and Restrictions required by the Department. The Declaration has been recorded in the Suffolk County Clerk's Office, and a certified copy has been sent to the Department of Health. We also enclose twelve (12) prints of the revised survey with the changes you requested. Please put this matter on the agenda for preliminary approval. Very truly yours, · Wickham AAW: emu encls. cc: M_~. Arthur P. Simon Southold, N.Y. 11971 Richard Ward JAMES WALL BENNETT ORLOWSKI, JL , Chairman GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway .~ Hauppauge, New York 11787 Octcber 31, 1984 TELEPHONE 765-1938 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) (Minor Subdivision) John Simon E~ Hamlet Peconic Tax Parcel Identifier No. ~000 74 I d9 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major subdivision (3 Copies) Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) Other material ; Topographic Map (1 copy) ; ; Street Profiles (1 copy) ; ; Planning Board Res. (1 copy) ; (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: X Very truly yours, Ben~et~. Orlow~ . WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-) Ham.let or Village Peconic John' Simon Estate Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) Topographic M~p X Drainage Plan X Grading Plan X Lands'cape Plan X 1) ~nor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed X d) Other (describe) X DEPARTMENT OF HEALTH SERVICES C~UNtY Of SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECLITIVE August 6, 1984 NOV I 1984 DAVID HARRIS, M.D.. M.P.H. Mr. Arthur P. Simon P. O. Box 294 Peconic, New York 11958 Dear Mr. Simon: SUBJECT: BOARD OF REVIEW HEARING MINOR SUBDIVISION OF JOHN SIMON ESTATE, TOWN OF SOUTHOLD (SCTM 1000-074-1-42) At the hearing held on July 20, 1984 you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220 of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted, that the application be approved subject to covenants that: disclose the possible water supply problem and requires the installation of water treatment units, if necessary; and con,nits the future owners of the three lots to connect to any future community water supply system created to supply water to the rest of the farm area if and when it is subdivided and developed. Very truly yours, Robert A. Villa, P.E. Board of Review RAV/lst cc Royal R. Reynolds, P.E. Mr. Charles G. Lind Town of Southold Planning Board 22~ RABRO D~¥£ EAS? Southold, N.Y. 11971 (616) 765-1938 October 3, 1984 Mrs. Betty Mead 7 Chase Commons Shirley, NY 11967 Re: John Simon Estate Dear Mrs. Mead: As per your request, enclosed is a copy of the correspondence sent to the attorney for the above mentioned subdivision. If you have any questions, please don't hesitate to contact our office. enc. Very truly yours, . S hultze, secretary Southold Town Planning Board WICKHAM~ WICKHAM & BRESSLER, 516-298-8353 October 12, 1984 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: John Simon Minor Subdivision Gentlemen: Thank you for your letter advising of sketch plan approval on the John Simon Estate. I would like to request an appointment with the Board to discuss their request for consideration of the use of the right-of-way in conjunction with the Diller right-of-way. Very truly yours, 0 . Abigail A. Wickham AAW:emu ,D $ Southold, N.Y. 11971 (516) 765-1938 NEGATIVE DECLARATION August 30,1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section- 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor _subdivision of the John Simon Estate , located at Peconic is a 4 lOt subdivision. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response from the Dgpartment of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. The Department 6f Health Services has no objection to our designation of lead agency status, there is no record of an application to their department. Their primary environmental concern pertaining to residential development and subdivision is that the applicant comply with the requirements of Suffolk County Sanitary Code especially Article VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at th~ time of application. Full consideration in placement of water supply wells and disposal systems is given to State and Town Wetland requirements. Th~ ~ealth Department maintains jurisdiction ©~er final location of ~isposal and well systcms an~ the applicant should not undertake to construc~ any water supply or disposal system without Health Department approval. The project will meet all the requirement s of the Code of the Town of Southold Subdivision of Land Regulations. Southold, N.Y. 11971 (616) 765-1938 August 30, 1984 Mrs. Abigail Wickham Wickham, Wickham, and Bressler Attorney at Law P.O. Box 1424 Mattituck, NY 11952 RE: John Simon Estate minor subdivision Dear Ms. Wickham: The following action was taken by the Monday, August 27, 1984. Planning Board, RESOLVED that the Southold Town Planning Board grant sketch plan approval to the minor subdivision of the "John Simon Estate" located at Peconic, plans dated September 9, 1982 as last amended, subject to a 50' East-West right-of- way. The Planning Board also requests that consideration be made to a North-South right-of-way running parallel to a right-of-way on the property of Diller for a total width of 50'. 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 DEPARTMENT OF' HEALTH SERVICES COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECU'rlVE August 6, 1984 AUG 1984 DAVID HARRIS, M.D., M,P.H. COMMISSIONER Mr. Arthur P. Simon P. O. Box 294 Peconic, NeW York 11958 Dear Mr. Simon: SUBJECT: BOARD OF REVIEW HEARING MINOR SUBDIVISION OF JOHN SIMON ESTATE, TOWN OF SOUTHOLD (SCTM 1000-074-1-42) At the hearing held on July 20, 1984 you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220 of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted, that the application be approved subject to covenants that: disclose the possible water supply problem and requires the installation of water treatment units, if necessary; and com~nits the future owners of the three lots to connect to any future community water supply system created to supply water to the rest of the farm area ifand when it is subdivided and developed. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review RAV/lst cc Royal R. Reynolds, P.E. Mr. Charles G. Lind Wickham, Wickham & Bressler, P.O. Town of Southold Planning Boar~-~~ 225 RAB~ DR~VE EAST Further information can be obtained by con%acting Diane M. Schultze, Secretary, Southold Town P1 iing Board, Main Road, So~old,~ NY 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Commission Francis J. Murphy Abigail Wickham, Attorney ~or the applicant DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE Date DAVID HARRIS, M.D., M.P.H. COMMISSIONER RE: ,-~,/~/ $;,'.o,V Es?o.-re ~ o~,~ - 7'-/-/-'-/Ap We are in receipt of your letter dated above referenced project. Fl concerning the This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comments. 4. Insufficient information is available for technical comments. 5. There is no record of an application to this Department. [--~'A more accurate project location is needed. (Suffolk County Tax Map ~) 6. This Department has received an application and it is: 'Complete Incomplete Other ; 548-3318 It appears that the project can be served by: Sewa.ge Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: Water Supply System A Public Watur Supply System Individual Water Supply System(s) Other: 8. Comments: Our primary environmental concern ~ertaining to residential development and subdivision is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Article 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 consideration in placemen~ of water supply wells and disposal systems is given to state and town wetland re- quirements. The Health Department 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. ~ The Lead Agency is requested to for~lard a copy of this form to the applicant with its findings. Further comment may be provided upon completion of the application review. Name Phone ~-~ - Southold, N.Y. 11971 (516) 765-1938 July 23, 1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of John Simon Estate, Southold Town, Located at Peconic. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until August 6, 198 ~ We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS. M.D., M.P,H. July 3, 1984 Mr. Arthur P. Simon P. O. Box 294 Peconic, New York 11958 Re: Minor Subdivision of John Simon Estate, (t) Southold (SCTM 1000-074-1-42) Dear Mr. Simon: The above referenced application to' subdivide or develop property has been rejected by the Environmental Engineering office because it does not appear to conform with the standards ~f this Department (Article 6, Section 606, Paragraph 1.d., of the Suffolk County Sanitary Code). The groundwaters in the area are non-potable (nitrate contam- ination) based upon a test well. The review of this case has been scheduled for July 20, 1984, at 10:00 a.m., in the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing, County Center, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review RAV:cah cc: Mr. Joseph H. Baier, P.E. Mr. Paul J. Ponturo, P.E. Mr. Royal R. Reynolds, P.E. Mr. Charles G. Lind Wickham, Wickham & Bressler, P.C. Town of Southold Planning Board COUNTY CENTER RIVERHEAD, Ny. 1 19OI (516) 548-3317 Southold, N.Y. 11971 (516) 765-1938 June 27, 1984 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY ~952 Re: John Simon minor subdivision Dear Mrs. Wickham: Please let this confirm the action of the Planning Board at the regular meeting of June 25,1984. RESOLVED that the Southold Town Planning Board declare themselves lead agency with regard to the State Environmental Quality Review Act for the minor subdivision of John Simon located at Peconic. An initial determination of non-significance has been made. Please forward three (3) copies of the map for our referrals to the necessary state and county agencies. If you have any questions, please contact this office. Very truly yours, BENNETT ORLOWSKI,JR.,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary JUN '7 1984 ~ (o) in order to ans¥~er the questions in this short EAF J.t is assure thct the p~eparer w~Z use currently available ~nFor~at~on concernSng project and the }~[:e~y ~m:)~c'Ls oF the action. ]t ~s not expected that additional studze., re:;aarch o~ other ~nvas~Lgat~ons ¥;&~ be undertaken. (b) if any que~.t~on has bean ons',?arad Yes the project may be ~gnZfLcenL and a completed Env.LronD~nto~ Assessment Form ~s necessary. (c) If a~ questions hove bean onsv~ered Ho ~ Ss ~keZ'y ~ho¢ projec~ ~s not i wT~i .- ·, ' · - p. a3~c~ ;esui~in o large physical change ] ' ' ' iix / /N to iha pro act site or pnysica alter more lnm~ 10 oc:e~ of land? ........................ Yes 2. ~'lill 1hcre be o mojo~ change ~o any unique o: · unusuoi land form found on thu site? Yes. 3. ¥1ill p~oject older or have o large effect on ,.' / existing body of water? ................. ; .... _ Yes/ 4. Y/ill project hove o potantiol!y large impact - on Orounov;oze~ qua!it).? - .' Yes o 5. Will project significcnily ef'F'ect droinaoe - flotz on adjacent site=? .................... ~.. Yes g. Will p~ojec~ of feat on),'lhreotened or ..... endangered plant or animal ~pecies? .......... Yes ~ No 7.. ¥1ill proje:l ~esul~ in o major odver:e effect. : / ~ on o~ quoit* ,~ .... y~s' ~. 1'fill prnjecl hera o major elf ecl on visual chc;racte~ of the cornmunit~ or scenic views o~ . vinlo~ ~nown la,be imporlon~ ~o ihe communily?, 'Yes~No · proflec~ adverse!), ~mpac~ any sz~e or .. . ~Iruciure of hi~,toric, prehistoric or poleonlo!agicol importance or any site designated os o criiical environmenlol e~eo / by a local agency? ............ ~:......;..:......~..~..~ Yes./No 10. ¥1ill project hove o mojoFer,"¢ect on exisl.ih9 - or future ~ec~eotionol opporiunities? ......... Yes. 11.' f/il! projecl ;esull ~n .mojo~ l;off~c problems ' oil cou~e o mojo~ effect ia existing / /N ~ron:p~r~otion ~ysLem ............. Ye o odors, noise, glare, vibration, or ~l~ci~icol. di:iurbonce os o resu!~ of the project's oparo~ior,? ......... ' ............................ Yes.~No' 13. ¥/ill pro ac% }',ova on)' impac[ on public health or.saFety? .................................... Yes, ~o J directly cabsino o oro'.rth in parmc:nant pop.lalion of more than 5 percent over o year period or hove o major hOg'live ef~cct om the chorg~icr of the communiiy or / ' ................................. Yes ~No 15. 1= there public controversy concerning the - . p,o~ect? ............... nc,~cacltllNG_ arthur P~mon ' DAli 6/5/86. WICKHAM, WICKHAM & BRESSLER, P,C. MAIN ROAD~ P.O, BOX 1424 mAtTItUCK LONG ISLAND Sl6-298-8353 July 13, 1984 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: John Simon Minor Subdivision Gentlemen: In accordance with your letter of June 27, 1984, we are enclosing three (3) copies of the map for your referral to the state and county agencies. /e~ encls. Very truly yours, Ellen M. Urbanski Legal Assistant WICKHAM, WICKHAM & BRESSLER, p.e. MAIN ROA~)~ P.O. BOX J424 MATT[TUCK LONG ISLAND 5~6-29~-8353 June 11, 1984 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Application of John Simon Estate for Minor Subdivision Gentlemen: In accordance with your request, we are enclosing six additional prints of the above map. Very truly yours, Ellen M. Urbanski Legal Assistant /emu encls. (By Hand) WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD~ P,O, BOX 14-24- June 6, 1984 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Arthur P. Simon Minor Subdivision at Peconic Dear Mr. Orlowski: In accordance with your letter of May 17, 1984, we are enclosing application, in triplicate, together with short enuironmental assessment form and check to the order of the Southold Town Clerk in the sum of $100.00, representing the application fee. We understand this matter has been set down for the Board's review on June 18, 1984. Very ~ruly yours, /emu P.S. Also enclosed is letter regarding grading, roads and drainage. T ~~Y D Southold, N.Y. 11971 (516) 765-1938 June 11, 1984 Mr. and Mrs. Richard Mead 291Bretton Woods Drive Coram, NY 11727 R~: Application for subdivision of John Simon Estate located at Peconic Dear Mr. and Mrs. Mead: As per your request, enclosed herewith is a copy of the Planning Board's correspondence to Abigail Wickham, esq, and a copy of correspondence from Ms. Wickham to the Planning Board. Procedure for obtaining final plat approval is outlined in the attached copy of the Southold Town Code, subidivsion regulations. If you need any further information, please contact this office. Very truly yours, BENNETT ORLOWSKI,JR. , CHAIRMAN ~y lane . ~cnultze, S~cre~ary attachment TO: FROM: RE: DATE: Southold Town Planning~Board Richard & Elizabeth Mead Minor Subdivision Application, June 6, 1984 John Simo~ Estate, Peconic The Southold Town Board has granted relief o~ the petition regarding the minor subdivisio~ applicatio~ on the John Simon Estate, Peconic, NY. Kindly outline the procedure that must now be followed in order to obtain final plat approval for said minor subdivisisn. Thank you. JUN 7 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ....M. '.l.n.o..r...S.u.b..d.i..v.i..s.i..o.n...f.o..r...J.o.h..n...S.i..m.o.n.... ....... ................................................................................ 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of .J.o..h.n...S..i.m.o..n.,...d..e.c.e..a.s..e.d. .......... September 28, ~937fi the letter.dated O~ober, 8,~1937; and S~rah J. x~x~ma~x. ?..%m.9.. ,...q.e.c..e.a..s.c.?..~..a.y...z..,..~..u.o..!,.. ~n..e...~.e..~ .e.r.s...d..a.t..e.d. September 5, 1962 5. The area of the land is ...8..]..~}./.f) ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid--e'xce~' ............ 7.The land is encumbered by . .N..0 .......................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address ................................................................. (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ................................ : .............................. This ~application was initial~ly made to tile S.outho.ld. To~n P~ngl4~g Board ~n 10f27/82, r. eturned by the Plarming Board on6/30/83 as not corrtorming w~tn the ~0,O0?-sq. uare_root lot ~eo~l-rement, and was ~ranted relief under Local Law 11-1983 pursuant to resolutzon or the Sout o d Town Board dated 5/I0/84. A copy of the resolution amd a copy of the original application are attached. (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land ,~xeept- ........................ 9. The land lies in the follo~ving zoning use districts .A.~ .R..~.s. '.l.d.e..n.~..i?..]...~..A.g.r..i.c.~.l..t.u.r..al 10. No part of the land lies under water whether tide water, stream, pond water or otherwlse,-ex- -¢ept . The .p~oper.~¥..adj ains. Long..Islan& .Soured. om..the, lqo~th ........ 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will 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. pp. 1..J..c..a.n..t: .......................... ..................................... and ~ (no) cbarge will be made for installing said lines. 15. Gas mains will be installed by ..... .N../~ .................................................. 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 Highxvay system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold High~vay system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shoxvs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proo{ of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years· The Performance Bond will be written by a licensed surety company unless othe.rwise shown on Schedule "F". Arthur P Simon DATE.....June .......... 5, ..............., 19.8..4 ............... : ................................ (Name of Applicant) (Signature and Title) · .(.n..o.. I!.)...N.o..r.t..Ii..R..o.a..d.,...P.e..c.o..n.i. 9.,...N.Y.... J-1958 (Address) STATE OF NEW YORK, COUNTY OF . .S..U.F.F.0.L.~ ..................... ss: On the . . .5..t.h. ........... day of ....... J...tl.n..e .................. 198./4 .... before me personally came ARTHUR P. SIMON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ...h.e. ....... executed the same. Ncr~ry~]~iblic ABIGAIL A. WICKHAM Notary Public, State of New York coNO* 52-4642871. Suffolk County mmis~iso~ Expires March 30, 19.~.~ STATE OF NEW YORK, COUNTY OF ............................ : On the ................ day ............ of .............. , 19 ....... before me personally came ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ............................... that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. a,d that ............ signed .............. name thereto by like order. Notary Public APPLICATICN FOR MINOR SL~DMSIC~ Arthur P. Sim~ Middle Road '~ 'Peconic; N~Yi L~GAL EESOTI PTtON ALL that certain plot, piece or parcel of ladd with the buildings and improvements there~ erected, situate, lying and being at Peccnic, Town of Southold, ODtnty of Suffolk and State of NOW York, bounded and described as follows: ~EG]/qNING at a point on the northerly side of Middle Road (C.R. 27) at the southwest corner of the prendses herein described adjoining land of Marlake Associates on the West; RL~INING ~H~NCE alc~g said land North 44° 44' 20" West 5135.0 feet to Long Island So~d; RLNNING THENCE alc~g Lcng Island Sot~d, the tie line being North 71° 13~ 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RL~]/~G THSNCE alc~g said land of Diller three courses and distances as follows: (1) South 45° 52' 50" East 1985.0 feet; (2) South 45° 45' 30" East 2827.53 feet; and (3) South 34° 22' 30" East 307.66 feet to a montm~nt set on the northerly line of Middle Road; RLlq~ING TH~CE along said line, South 68° 11' 00" West 99 feet to land o Elizabeth Simon; RIIk%NING ~NCE along said land two' courses as follows: (1) North 31° 49' West 214 feet; and (2) South 68° 11' West 66.53 feet;to :land of Arthur Simon and others; I~/k~TING ~SNCE alc~g said land the following three courses and distances: (1) North 26° 28' 20" West 138.56 feet; .~2) South 60° 48' West 274.74 feet; and (3) South 29° 12' East 315.78 feet to the northerly line of Middle Road; Rtlk%N-/NG TH~NC~ aleng said i/ne South 69° 17' 50" Wast 315.33 feet to the point or place of B~C~INNING. EAST by Estate of Clmrence Diller c/o John F. Diller Box 39 Laurel, New York Tax Map Deslgnatic~: 1000-074-01-040 Applicatic~ for Minor Subdiviscn Arthur P. Sin~ Adjoining Owners, cont'd. W~ST by Marlake Associates 35 West 45th Street N~ York, NY 10036 (c/o R. Zelman) NOR~~ by IDng Island Sold SOUTH by Middle Road, EliT~heth Simon, Arthur Simcn md others Tax M~p Designation: 1000-073-03-001 JUDITH T. TERRY TOWN CLERK REGiStRAR O~. VITAL SIAI IS'l ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 10, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Abigail A. Wickham, Attorney Main Road, P. O. Box 1424 Mattituck, New York 11952 Dear Gail: The Southold Town Board at their regular meeting held on May 8, 1984, granted relief to Arthur P. Simon under Local Law No. 11 - 1983, as per your petiti°n on his behalf. The resolution is as follows: WHEREAS, Arthur P. Simon, by petition dated November 22, 1983, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning Code on certain property located on the north side of Middle Road (C.R. 48), Peconic, New York, and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations, and WHEREAS, a public hearing was held by the Southold Town Board on said petition on the 14th day of February, 1984, at which time all persons wore given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Arthur P. Simon be and hereby is granted relief from the Bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983, on certain property located on the north side of Middle Road (C.R. 48), Peconic, New York, all in accordance with his petition, and be it further RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the Southold Town Zoning Code in effect prior to May 20, 1983. Very truly yours, Judith T. Terry Southold Town Clerk cc: Southold Town Planning Board / {., AP PLI~OON FOR APPROVAL OF PL(ie To thc Planning Board of the Tmvn of $outhold: Tlae undersigned applicant hereby applies {or {tentative) (iinal) approval o{ e 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: The applicant is the owner of record oi 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 . ..1.1.~...o~..S..~..d~.' .'.v~..J:qn...f.o.r..q..c2~...S.'..z?~n....E.s..~.~.e. ..... The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ -, Liber ........................ Page ...................... On ............. Liber . Page On as devised under the Last V;ill and Testament of JohaSimmn, deceased September 28, ,: Jr.h er.s. Og..teO .qq. tOpe-,r. .S. ~ ............. , ..... ~. arah J. Sin~n, .......... dec~ed.M~y..2,.~9.~,..th..e, letters .do..t~.' S..ep...te~...e~.. 5.:..]_?..6.2.. 5. The area of the la~d is ...[3k.3~.4. ...... acres. 6. All taxes which are liens on the land at the date hereof have been pald.~t ..... 7. The land is encumbered by .. I'{Q. ................. ..... mortgage (s) ~ 1 fbll',3%'g: ................................... (a) Mortgage recorded in Liber ~ ........... Page .. .............. ~... in original amoum of $ ................ unpaid amount $ ................ held by ........................ i. ~ .......................... address ............................................... . ...... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address .................. .~ ............................. d ..... lc) 7xlott.t;tgc. ~t'co~ded i~ I.;ber ............ P;tu, c .................... in ori.ginM arnmm: of S ................ unpb. otmt S ................ held hy . ........................ ......... address 8. There ~re no other encumbrance5 or lien5 ~gainst the land-~ ........................ 9. Ti~e land Ilea in the following zonin~ use distrJc[s . .br~tj~.~.~}. ...... 10. No part of the land lies under water whether tide water, stream, pond water 'or otherwise;~ · ,~,, . ~ .pr~. ~Ojo~. ~. I*~.8amO.oa_ ~ ~or~ ......................... 11. The applicant shall at his expense install at] required public improvements. 12. The land (~uc~) (does not) lie in a XVater District or Water Supply District. Name of Dis- trict, ff within a District, is ......... 13. Water mains will be laid by ....~9 ..................... and ia) (no) charge will be made for installing said mMns. 14. Electric lines and standards will be installed by . ..O~_~q~ ............................ .................................... and ~) (no) charge ix'ill be made for installing said Iinea. 15. Gas mains will be installed by ....D/.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 Suf£olk County Highway' system, annex Schedule "B" hereto, to show same. 17. Ii streets shown on'the plat are claimed by the applicant to be existing public streets in the Town of Southold.Highway system, annex Schedule "C" hereto to show same.· 18. There .are n6 existing buildings or structures on the land xvhich are not located and shown on the plat. .19. \Vhere the plat shows proposed streets which are extensiofis -of streets on adjoining sub- division maps heretofore filed, there are ho.reserve strips at the end of the stre'ets on said existing maps at thei[ conjunctions with .the proposed ~treets.. 20. In the course of these proceedings, the ap~licant will offer proof Df title as required by Sec- 335 of the Real Property. Law. 21. Submit a copy:.of proposed deed for lots showing all restrictions, cov~nauts, etc~ ~nnex Schedule "D". -. 5 .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years The Periormance Bond will be wrinen by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ~ On the ........ ~;; .......... day. o£ . ~3.e,p.~ ............... 19..8.2..., before me personally came -" ' ' 'A'A'A'A'A37~' '~- 'P-: -S- -' -u3P-n- ....................... to me knoxvn to be the individual described in and- wh6 executed the foregoing instrument, and acknowl.'-dged that ...h~. .......... executed the same. Notary Public ' ANNA MAE EVANS STATE OF NEW YORK, COUNTY OF ......~f-...z2~t~.. On the ........ ~ ......... da3- .............. of Z~ 19..~'.., before me personally came ..... : .......................................... that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ 'knows the seal of said corporation; that the-seal affixed by brder of. the board of directors of said corpor- ation, and that ............ signed ..... i ......name thereto by like order. -.Notary Public ANNA MAE E'VANS Nofar¥ Public In the State of New YO~'I~ APPLICATI(~ FfIR MINOR SL~DIVISICN Arthur P. Sim~ Middle 'Road ~ 'Peconic~ 'N~Y ~ LI~GAL ALL that certain plot, piece or parcel of land with the bu~]dings and improve~_nts therec~ erected, situate, lying and being at Peccnic, Togn of Southold, ODu~ty of Suffolk and State of NOW York, bounded and described as follows: ~EG~I~ING at a point on the northerly side of Fdddle Road (C.R. 27) at the southwest corner of the premises herein described adjoining land of Marlake Assoc/ates on the West; RIAIN]~G ~H~NCE alc~g said land Nc=th 44° 44' 20" West 5135.0 feet to Long Island So~d; ~G %H~I~CE alcng Lcng Island So~d, the tie line being North 71° 13~ 00" Fa~t 738.85 feet to land of the Estate of Clarence F. Diller; RLNN]/~G qI~NCE al~g said ]and of Diller three courses and distances as follows: (1) South 45° 52' 50" Fm~t 1985.0 feet; (2) South 45° 45' 30" East 2827.53 feet; and (3) South 34° 22' 30" F~t 307.66 feet to a monument set on the northerly line of Middle Road; RL~R~I~G q!4~IqCE along said line, South 68° 11' 00" West 99 feet to land o Elizabeth Simon; RLI~IN-fNG qI~t~CE along said land -two' courses as follows: (1) North 31° 49' West 214 feet; and (2) South 68~ 11' West 66.53 feet.;to .land of Arthur Simon and others; RIARgTNG ~{SNCE alcng said land the following three courses and distances: (1) North 26~ :(~2) South 60~ (3) South 29~ 28' 20" West 138.56 feet; 48' West 274.74 feet; and 12' East 315.78 feet to the northerly line of Middle 'Road; RLNNING THI~CE along said line South 69° 17' 50" West 315.33 feet to the point or place of BEC~I/~G. EAST by Estate of Clarence Diller c/o John F. Diller Box 39 Laurel, New York Tax Map Designatic~: 1000-074-0~-040 Re: Applicatic~ for Minor Subdiv/s~ Ar tln~r P. .A~joining fl~r~r~, o~nt'd. WI~T by Marlake Assoc_~ates 35 West 45th Street N~w York, NY 10036 (c/o R. Zelman) NORTH: by IOng Island Sot~d SOUR~ by Middle Road, Eli ?~heth Arthur Sin~n and others Tax ~ap Designatic~: 1000-073-03-001 Southold Town Planning Board Town Hall $outhold, New York 11971 June 5, 1984 Re: Minor Subdivision for John Simon Estate Gentlemen: 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: (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. Yours truly, Arthur P. Simon C(~NTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE Date MAY 1 1984 May 8,,1984 Henry Raynor Chairman 'RE: To Southold Town Planning Board Main Road Southold, New York 11971 DearMr. Raynor: We are in receipt of your~l~me(~xxiedm~k inquiry' the above referenced project. Minor Subdivision of John Simon Estate Peconic (T)-Southold concerning 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. '1 3. This Department does not agree with your initial determination. See Comments. ! I 4. Insufficient information is available for technical comments. 5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) ! I Test well data is needed. I j Test hole data is needed. I I Other: Complete Incomplete Other This Department has received an application and it is: 548- 3318 lears that the project can ~served by: Sewage Disposal System ~ Sewer System and Treatment Works ~Subsurface Sewage Disposal System(s) r=-=lOther: Water Supply System r===1 A Public Water Supply System r~ Individual Water Supply System,s) ~ Other: 8. Approval of other Agencies may be required: ~ Department of Environmental Conservation (NYSDEC) Army Corps of Engineers (USACE) ~ Town or Village r'''='') Other: ~ 9. Comments: See attached correspondence Thank you for coordinating with this Department and if you have any questions please contact the undersigned. Name Royal R. Reynolds. P.E. Phone 548-3318 E)I:'PARTHENT OF' HImALTH SERVICES; ,June 30, 1983 C{~NTY OF SUFFOLK PETER F. COHRLAN SUFFOLK COUNTY EXE;CUTIVIE 'DAVID HARRIS. M,D.. M.P,H. GOMMI$$1ON~ER Mr. Arthur Simon Route 48 West, PO Box 294 Pecontc, N.Y. 11958 Re: Minor Subdivision of John Simon Estate Peconlc CT) Southold Mr. Simon: The above referenced application to subdivide or develop property has been received and reviewed. This application is not being processed for approval as submitted bec~se it does not appear to conform with the standards of this Department. Article VI, Section 606 {1){d} - groundwaters in the area are non-potable (nit~te contamination) based upon test well. · .If th'is matter cannot be re~o~ved, we would like to bring to your attention that there is an appeal procedure whereby an applicant may request a variance from these stand- ards, In order to apply for a variance, it is necessary to write to Board of Review' Suffolk County Department of Health Services County Center Riverhead, Newiyork 11901 ATTENTION: Miss Carol A. Hunsinger Stating the reason{s} why such a variance should be granted. Requests for variances will be scheduled as soon as possible for a hearing before the Department's Board of Review, whereby an applicant can present his justification for a variance. Very l~ruly yours, Royal,.R. Reynolds, P.E. Public'Health Engineer Bureau of Environmental Services RRR:cah (516) 548-3318 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STSIISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May I0, 198q Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Abigail A. Wickham, Attorney Main Road, P. O. Box 1424 Mattituck, New York 11952 Dear Gail: The Southold Town Board at their regular meeting held on May 8, 1984, granted relief to Arthur P. Simon under Local Law No. 11 - 1983, as per your petition on .his behalf. The resolution is as follows: WHEREAS, Arthur P. Simon, by petition dated November 22, 1983, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning Code on certain property located on the north side of Middle Road (C.R. 48), Peconic, New York, and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations, and :~- WHEREAS, a public hearing was held by the Southold Town Board on said petition on the 14th day of February, 1984, at which time all persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Arthur P. Simon be and hereby is granted relief from the Bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983, on certain property located on the north side of Middle Road (C.R. 48), Peconic, New York, all in accordance with his petition, and be it further RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the $outhold Town Zoning Code in effect prior to May 20, 1983. Very truly yours, Judith T. Terry Southold Town Clerk cc: Southold Town Planning Board PUBLIC HEARING SOUTHOLD TOWN BOARD February 14, 1984 7:55 P.M. IN THE MATTER OF THE PETITION OF ARTHUR P. SIMON FOR RELIEF FROM THE BULK REQUIREMENTS OF THE ZONING CODE PURSUANT TO SECTION 100-31A THEREOF. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Ir. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is the petition of Arthur Simon for relief from the bulk requirements of the Zoning Code. The legal notice will be read by Justice Edwards. JUSTICE EDWARDS: "Notice is hereby given that public hearings will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on the 14th day of February, 1984, on the following petition for relief from the Bulk Requirements of the Zoning Code of the Town of Southold, pursuant to Section 100'31A thereof: 7:55 P.M. - :petition of Arthur P. Simon on certain property located on the north side of Middle Road (C.R. 48), Peconic, New York. All persons interested in said matters shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: January 17, 1984. Judith T. Terry, Southold Town Clerk." I have proof of publication from The Suffolk Times by Susan Allan; proof of publication from The Long Island Traveler-Watchman by Pat Wood; proof of posting on the Town Clerk's Bulletin Board. Letter from the Department of Planning, Suffolk County: "Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval." Letter from the Planning Board, Town of Southold: "It was the concensus of the Southold Town Planning Board to deny this proposed relief under Local Law 11. Attached are the minutes reflecting this decision." Signed by Henry Raynor, Jr., Chairman, $outhold Town Planning Board. Page 2 - Arthur P. Simu.¥ Relief Petition SUPERVISOR MURPHY: Thank you, Judge Edwards. Is there anyone here who would like to speak on behalf of Arthur P. Simon and their petition for relief? Miss Wickham. ABIGAIL A. WICKHAM, Attorney, Wickham, Wickham & Bressler, P.C.: I am representing the Simons on this application. First I'd just like to briefly explain that this property is approximately an 82 acre farm extending from Middle Road, Peconic, north to Long Island Sound. Title is presently held by nine individuals, consisting of the heirs of the John and Sarah Simon Estate. Those heirs are the four of the children of John and Sarah and the widow and four children of a deceased son of John and Sarah. The primary purpose of the subdivision has always been, and continues to be, an attempt to straighten out the title problems in the estate and effect at least a partial distribution of the estate. There's not an intent here for commercial development. The bulk of the farm will continue in farming use. I'd like to give the Board a history and submit some correspondence, certainly not all of the correspondence, but what I think are the most pertinent elements of the file in terms of the progress of the applications here. Back in 1980 I'd like to state, or thereabouts, there was an application to the Planning Board by one of the grandchildren for a one lot set-off on the Sound. After some family discussions, here application was withdrawn because it was decided among the family that a better way to proceed was that the four children of John and Sarah, the older members of the family, would retain the family home- stead, which is the house on the Middle Road in Peconic, and that there would be a three lot division along the Sound for three of the younger generation, or the grandchildren. The bulk of the farm, as I indicated, to remain in farming. Therefore, in March of 1982 an application for a Minor Subdivision was submitted to the Planning Board, together with a letter of explanation about the family history and purpose of the division, and I've labeled that as #1 and I attached a family tree which was not given to the Planning Board, but I thought it might be helpful for your consideration. There ensued, after March of 82--after the March 82 application, some discussion with the Planning Board, and the Planning Board advised that since they considered the farm as one parcel, that it would not qualify as a Minor Subdivision of four lots or less, and, therefore, it wrote us a letter requesting our advice on how we wished to proceed, with a Minor or a Major, and that letter, dated April 14, 1982, is here as Item #2. After receipt of that letter, Mr. Wickham of our office, had a meeting on or about May 4th, 1982, with the Chairman of the Planning Board, Henry Raynor, and I'm submitting a letter dated May 17, 1982 from Mr. Wickham to Mr. Simon out- lining the results of that conference. Basically it was suggested by the Planning Board, "..that we first make an application to have the residence property (on Middle Road) set-fl and then later apply for a minor subdivision along the Sound." Item #3. Shortly thereafter, on May 24th, 1982, an application for a set-off was filed with the Planning Board for the residence property on Middle Road, and the transmittal letter is here as Item #4. I'll just skip now until December of 82 when that set-off was approved by the Planning Board, and I enclose a copy of their resolution as Item #5. Then the next thing that happened, after the set-off application was pending, was that we did file a Minor Subdivision, which is the subject of this instant application. I enclose a copy of the transmittal letter to the Planning Board, dated October 27th, 1982 as Item #7, and the subdivision application itself is attached to our petition as Exhibit "A", which you already have. At that point, or shortly after that point, the Planning Board then came up with this new procedure where they wanted all subdivisions to comply with · ~ Page 3 - Arthur P. Si · i ~ Relief Petition Article 6 of the health code before they would proceed, and I will address the health department process after I finish with the Planning Board. After the Minor application was submitted in October of 1982 we received a copy of the engineer's report, from the Town, dated December 27th, 1982, which is attached as Exhibit "B" to the petition. Shortly thereafter in January of 83 it was accepted by the Planning Board, as indicated by their letter in Exhibit "C" to our petition. At that point the Planning Board apparently took no further action from January. On June 30th, 1983 we received a letter from the Planning Board indicating that the application was not approved. That letter is attached as Exhibit "E" to the petition and states, "The enclosed application for your Minor Subdivision does not meet the present zoning require- ments of 80,000 square foot lots. Although your application was distributed and reviewed by each member of the Planning Board, did not receive sketch approval prior to May 20th of 1983, on which date the Southold Town Board legislated new zoning requirements as noted above and is therefore being returned. That letter, dated June 30th, 1983, rejected an application which was submitted on October 27th, 1982, and incidentally, returned the check, application fee, dated that date, which had not been cashed. I'd also like to mention, as indicated in Exhibit "D" of the petition, that in November of 1983 we received DEC approval for the subdivision. Now, just to indicate what other expense the applicant has gone to prior to May of 83, in November of 82 we requested the health depart- ment to advise us of their requirements pertaining to this subdivision, and Item #8, which I have here, is a letter from them indicating the need for test wells on certain lots. During December and January of 82 and 83, respectively, there ensued numerous conversations and correspondence with the well driller, Krieger, Mr. Van Tuyl regarding survey, and location of test well, and making soil borings for the soil test. When Mr. Simon received the quotes for some of these well drilling expenses he suggested that we ask the health department whether we co'uld use the irrigation pump on the farm, rather than drilling a new test well. Those conversations ensued around February, and it was agreed that we could do that, but it had to wait until the spring so that the irrigation well, which is removed during the winter, could be reinstalled. The test was run in April or May. The test did disclose, probably as a result of the spring rains, just slightly over the nitrate level of the county standards, so the health department therefore, suggested a variance. A retest was later run and showed only 3.6 nitrates, which is well under the standard of 10, and we are still working with the health department on the resolution of the water question. The other item I have to submit here, Item #9, is a list of the disbursements which the Simons have incurred to date on surveys, application fees, etc. in connection with this application. It does not include at least thirty hours of legal time, which our firm has expended and which they will have incurred. I might note that the Planning Board, when they recommended to deny the relief under Local Law 11 did not give us any reasons for it and their minutes do not reflect any discussion or any reasoning other than that the application did not receive sketch plan approval. I'd just like to reiterate, as we did in the petition, that there has been a lot of time and money expended. This is not a last minute effort to get in under the one acre zoning before the two acre zoning went into effect. These people have been, for a number of years, proceeding on a very logical sub- division for this property in order to solve a family distribution--or meet a family distribution scheme, and I seriously question whether the Town can arbitrarily impose and cut off and say that anything that hasn't received sketch plan approval by a certain date can't be entertained. Even if they can do that, certainly this case extends far beyond that because of the many many efforts that were made well prior to that, and gave these people a real vested interest in subdividing this property under the old law. Thank you. Page 4- Arthur P. Si Relief Petition SUPERVISOR MURPHY: Thank you, Gail. Is there anyone else here who would like to speak in favor of the petition of Arthur Simon? (No response.) Anyone who would like to speak in opposition to it? (No response.) Anyone who would like to make any comments at all? (No response.) There being no further comments, I'll close this hearing. dith T. Terry Southold Town Clerk Southold, N.Y. 11971 (516) 765-1938 March 23, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Re: Simon Estate Minor subdivision Dear Judith: As per your request, enclosed herewith is a chronological review of the above captioned subdivision. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Di~e M. Schu~tze, Secretary enc. Simon Estate Minor Subdivision October 29, 1980- December , 1980- January 22, 1981- February 2, 1981- February 24, 1981- March 3, 1981- March 10, 1982 - March 27, 1982 - March 30, 1982- March 31, 1982- April 14, 1982- May 24, 1982- June 9, 1982- Correspondence to E. Simon that before the Board ca,take action on this matter of setting off an acre on the Sound, 6 sketch maps as drawn by a surveyor must be submitted. maps submitted to the Board Access road report submitted by John W. Davis for the right of way within the subdivision John W. Davis submitted a second access road report. Correspondence to Mrs. Meade from the Planning Board enclosing report from John W. Davis and application to be filled out and submitted. Planning Board approved the sketch map subject to the right of way being shown 25' wide and suitable for all weather conditions, the surface being graded smooth and 6" of compacted banked sand and gravel placed for a width of 12 feet as per John W. Davis' recommendation. Letter from Elizabeth Meade withdrawing application which would be superceded by a new application. application for a minor subdivision submitted in duplicate along with a Short Environmental Assessment Form. Letter to the Planning Board from Wickam, Wickam, and Bressler explaining the reason for the new minor subdivision and the relationship of the Simon heirs. Planning Board received $50. fee and 6 maps of the proposed subdivision. Letter to Wickam, Wickam, and Bressler stating that after review of the maps it was noted that the proposal consists of 6 parcels which would require filing for a major. It was questioned as to how the applicant wished to proceed and it was suggested that an appointment time be scheduled. Application received for. a set-off. Application of March 27 for a minor withdrawn as per Wickam, Wickam, Bressler. Letter to Wickam, Wickam, Bressler that the Planning Board is in receipt of application for a set-off. However 6 amended maps would need to be submitted showing set-off. After receipt of these maps, it will be on the next agenda. Simon Estate Cont. August 5, 1982- August 30, 1982- October 21, 1982- October 26 1982- October 27, 1982- November 29, 1982- November 30,1982- December 13, 1982- Decemberl5, 1982- December 27, 1982- January 10, 1983- June 30, 1983- November 18, 1983- Six amended maps received by the Planning as per their request of June 9, 1982. At a regular meeting, the Planning t~oard requested Ahiqail Wickam, esq. to ~ubm~t amende~ m~ showing Lot #1 and'LQt #2 ana to supply ~ne Board with a voluntary covenant stating no further subdivision on Lot #1. Planning Board received covenants and restrictions as requested with the original to be filed in the County Clerk's Office. Revised maps designating Lot #1 and Lot #2 submitted as per the Planning Board's request. Letter to the Planning Board from Wickam, Wickam, and Bressler submitting 4-lot minor subdivision and application, Planning Board approved set-off of John Simon Estate dated July 30, 1982 subject to filing the covenants and restrictions with the County Clerk. Upon receipt of four additional copies of the map and a copy of the filed covenants and restrictions the Chairman will be authorized to endorse approval. It was the concensus of the Board make a field inspection of this new subdivision, which was submitted October 27, 1982. Letter to Wickam, Wickam, and Bressler informing them of the action of the Planning Board at the November 29, 1982 meeting. At a regular meeting it was the concensus of the the Board to request ~ecommendations from John W. Davis on the soil and improvements within the right of way of the minor subdivision. Letter to John W. Davis from the Planning Board asking that he inspect the right of way within the subdivision and submit his recommendations. John w. Davis submitted report #267 with the access road recommendations for this right of way. Planning Board accepted John W. Davis' report #267. Planning;Board sent a letter of th~ resolution accepting the report and a copy of the report to Wickam, Wickam, and Bressler. Letter to Wickam, Wickam, and Bressler stating that the application doesn't meet the zoning requirements, and is being returned because it did not receive sketch approval. Applicant filed for relief from two acre zoning with the Town Board. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL S'IAI ISI'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 16, 1984 Diane: Please supply me with a complete chronological file on~/e Hodor-Staller [East Marion Woods, Section I) major subdivision, and the~Simon minor sub- division file. Thank you. pg. (7) 1/9/84 ON a motion made by Mr. Orlowski, seconded by Mr. Mullen it was RESOLVED That the Southold Town Planning Board approve the minutes of the regular meeting on November 21~ 1983. vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board approve the minutes of the rggular meeting of December 5, 1983. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski On a motion made by Mr. Orlow~ki, seconded by Mr. Lathem it was ~ RESOLVED that the Southold Town Planning Board approve the m_i_~utes of the special meeting of December 11~ Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Arthur Simon Estate- The Board read correspondence from the To--~-~n Ci~ ~ requesting a recommendation from the Planning Board for relief under Local Law 11 for the Arthur Simon Estate. Since the applicant had not been qiven sketc~ approval, it was the concensus of the board to recommend ~ On a motion made by Mr. Orlowski, seconded by Mr. Lathem / it was ' / RESOLVED that the Southold Town Planning Board recommend / denial under Local Law 11 for the Arthur Simon Estate located ~Peconic. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Robert N~rku~-The Board read correspondence from the Town Clerk's Office requesting a recommendation from the Planning Board for relief under Local Law 11 for Robert Norkus. It was also noted from the minutes of the JUne 1, 1983 meeting, ~~osal would be an improvement to the area and ~hat this file had been delayed by legal problems w~th _aka]~D~ment of the roadway. It was the concensus of the Board since he had followed all laws. to recommend On a moitin made by Mr. Lathem, seconded by Mr. Orlowski it was RESOLVED that the South~ld] Town Planning Board recommend ~ under Local Law 11 for the subidvision of Robert N~!~_$ at Southold. Vote of the Board: Ayes: RAynor, Latham, Mullen, Orlowski ( JUDITH T. TERRY TOWN CLERK REGISTRAROI.'VITALST\IISrlCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: Transmitted herewith is petition of Arthur P. Simon for relief from the Bulk requirements of the Zoning Code under Local Law No. 11 - 1983. You are hereby instructed to prepare an official report defining the conditions described in said petition and forward to me your official recommendations. Very truly yours, Judith T. Terry Southold Town Clerk Attachments WICKHAM, WICKHAM & BRESSIER, p.c. NEW YORK 11952 SI6-2~8-8353 November 18, 1983 Southold Town Board Town Hall - Main Road Southold, NY 11971 Re: Application of Arthur P. Local Law 11 Simon Gentlemen: Enclosed are the following in connection with the above matter: 1. Original Checklist; 2. Original Verified Petition, with Exhibits; 3. Short Environmental Assessment Form; 4. Survey; e Check to the order of the Town Clerk in the sum of $100.00, representing the application fee. If any additional this office. /emu encls. information is required, please contact Applicant CHECK LIST TO BE SUBMITTED WITH PETITION ARTHUR P. SIMON Date NOVEMBER 17 ~ 1983 Main Road Address Peconic, NY 11958 Subdivision Name MINOR SUBDIVISION FOR JOHN SIMON ESTATE Hamlet Peconic Subdivision Classification Number of Lots 4 Sketch Plan Submitted Application Submitted · Sketch Plan Approval Preliminary Maps Submitted Preliminary Hearing Held Preliminary Approval Final Maps Submitted Final Hearing Held Final Approval X Major Minor Number of Acres 81. 757 October 28, 1982 (major October 28, 1982 (major NONE (major (major (major (major (major (major ( major & minor) & minor) & minor) only) only) only) & minor) & minor) & minor) (ATTACH SUPPORTING DOCUMENTS IF AVAILABLE.) TOWN BOARD : TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF N~W YOI~K In the Matter of the Application of A~I~HUR P. SIMON VERIP~,:~ PETITICN Petitioner, For Relief Under §100-31 (a) of the Southold Town Zoning Ordinance Concerning the Application for Minor subdivision for John Simon Estate. Petitioner, 'ARTHUR P. SIMON, respectfully alleges: 1. Petitioner is an owner of certain real property located on the north side of Middle Road (C.R. 27) , Peconic, Town of Southold, County of Suffolk, and State of New York. 2. Petitioner filed an application for sketch plan approval of the Minor Subdivision for the John Simon Estate on October 28, 1982. A copy of the application is attached hereto as Exhibit A. 3. Petitioner thereafter diligently and in good faith pursued that application. 4. Subsequent to the submission of f_he application, the Planning Board requested and obtained a report frcm the Scuthold Town Highway Depaz~t~-nt by Inspector John W. Davis regarding the improvements to the access roads and resolved on January 10, 1983 to approve that report. Copies of the report and resolution are attached hereto as Exhibits B and C respectively. 5. That the Planning Board did not act on sketch plan approval of the Minor Subdivision prior to May 20, 1983 due to circumstances beyond the control of the Petitioner. 6. That the Petitioner has expended time and money in the preparation of the subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983 and has also incurred legal fees and other expenses in connection with the pursuit of the application. In addition, Petitioner has incurred expenses in obtaining a Tidal Wetlands Permit frc~ the New York State Department of Environmental Conservation approving the subdivision. A copy of the Permit is attached hereto to Exhibit D. 7. That the Planning Board, by letter dated June 30, 1983, rejected the application for Minor Subdivision on the grounds that the subdivision did not receive sketch plan approval prior to May 20, 1983, the date on which the Southold Town Board legislated new zoning requirements of 80,000 square foot minirma~ lot size, with which th~ proposed M/nor Subdivision did not conform. A copy of the Planning Board's letter is attached hereto as Exhibit E. WHEREFORE, Petitioner respectfully requests that the Town Board resolve to grant relief to Petitioner pursuant to Southotd Town Zoning Ordinance ~100-31 (a) and resolve that the provision of the Bulk Parking Schedule of the Southold Town Zoning Ordinance in effect prior to May 20, 1983 shall apply to the Minor Subdivision herein. WICK~k%M, WICKHAM & BRESSLER, P.C. Attorneys for Applicant Main Road - P.O. BOx 1424 Mattituck, New York 11952 (516) 298-8353 STATE OF NEW YORK) : ss.: ¢0~TY OF ) ARTHUR P. SIMCN, being duly swDrn, deposes and says: that deponent is the Petitioner in the within action and an owner of the real property which is the subject of this Petition; that deponent has read the foregoing Petition and knows the contents thereof; t_hat the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and to those matters deponent believes it to be true. Sworn to/~fore me this ~ yo ~Jo ~ 8 ~ /N~ot~ l~bl~c- ~ Commlsslo, ~x,i~ March 30. 19~4 ., To trio Planhing Board of the Toxvn of Southold: The undersigned applicant hereby applies for Itcntative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Soothold Town Plaoning Board. and represents and states as foilows: I. 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.) The name of the subdivision is to be . ..l~..o.r...S..~..d4..'~.r~..j:Qn...f.o.r' .~...o~...S.'..~_fi~L~..' .E.~..~..t.e. ..... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Libor ........................ Page ...................... On ........................ Liber ........................ Page ...................... On ........................ Libor ........................ Page ...................... On ........................ Libor ........................ Page ...................... On ........................ Libor ........................ Page ...................... On ........................ as devised under the Last Will and Testament of 3clmSLra:m, cleceasod .......... dec~a ~d. ~ .2,. ~Lg. fi~ ~..'qb..e..1..o.t..t~..s.: .d0.t..~' .S..cp...t:e~.. ?~...5.: 1962. 5. The area of the lafid is ...~1~[..3.~.4. ...... acres. 6. All taxes which are liens on the land at the date hereof have been paid ..... 7. The land is encumbered by .. NO... mortgage (s)~o-~", ,~,,o,,~ ......... ' ...................................................... (a) Mortgage recorded in Libor ............ Page ...... in original amounl of $ ................ unpaid amount $ ................ held by ..................... .......................... address ...................................................... (b) I~Iortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... address ' EXHIBIT A lc) .~)or:7::._-c recorded in I.iber ............ P:wc ............. ~ .... in oriZi,lM amounl oF S ................ unpaid ~_~lount S ................ held by . .......................... .: ...... ' .................... address ...................................................... S. There are no other encnmbrances or liens against the land-,_~ ~ , 9. Ti~e land lie~ in the following zoning use districts . ..A.-.l~.~i.d..eB.fj-a-l...Ap~.3.c..u~...LJXr~...1. ...... 10. No part of the land lies underwater whether tide water, stream, pond water or otherwisel~x~ ~. [il'Ua .10rope--r~a¢'..acljoil:as. J. clclp. I~J.~llcl. $o.~d.pll. ~,~ .hlOlr~h ......................... I I. The applicant shall at his expense install all required public improvements· 12. Tim land .~.2.. · ( .... ~ (does not) lie in a \Vater District or Vqater Supply District. Name of Dii- trier, if within a District, is .............................................................. 13. \Vater mains will be lald bl' ....I}./.9 ....................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...-app. l_i.c._ar3..t: ............................ .................................... and {~) (no) charge ix'ill be made for installing said lines. 15. Gas mains will be installed by .... iq,/.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 Su£1olk County Highway system, annex Schedule "B" hereto, to show same. 17. I£ streets shown on'the plat are claimed by the applicant to be existing public streets in the Town of Southold.Highway system, annex Schedule "C" hereto to show same. 18. There,~[e n6 existing buildings or structures on the'land ~vhich are not located and shown - on the l~lat. .- .19. \Vhere the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are ho.reserve strips at the end of the streets on said existing maps at their conjunctions with .the proposed streets.. 20. lu the course of these proceedings, the applicant will offer proof bf title as required by Sec. 335 of the Real Property. Lax~:...~' . 21. Submit a copy, of ~ro3o3ed deed for lots showing all restrictions, covqnants, etc~ Annex Schedule "D". .. 22. The applicnut e~timntes t~he cost oigrading anti required improvements will be S .......... as itemized in Schedule "E" hereto annexed and requests that the maturity the Perlormance Bond be fixed at ............ years. Tire Periormance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ...C~I....D4f~...G ......................... ss: On the ~ day. o£ . ~.e~t3....enJP~.... 19..8.2..., before me personally came ......~U~...u.~...P.: .S..' ..~..n. ....................... to me known to be the individual described in and- wh,> executed the foregoing instrument, and acknowledged that ...hq. .......... executed the same. ~otary Public ~ ANNA MAE EVANS STATE OF NEW YORK, COUNTY OF ...~ ............... ss: On the ........ ~ ......... da3' . ............. of~ 19..~;~.., before me personally came ..... ~..P.,~/~ ................ to me known, who being by me duly sworn did pose and say that .~ ..... resldes at No. ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knoxvs the seal of said corporation; that the-seal affixed by Order o[ the board of directors of said corpor- ation, and that ............ signed, . ........... name thereto by llke order. Notary Public ANNA MAE EVANS APPLICATI(N FOR MINOR S~DMSI~N Arthur P. Siren Middle Road ~. 'Peoonic, N.Y, LSISAL 'EESC~IPTION ALL that certain plot, piece or parcel of land with the buildings and improven~_nts therecml erected, situate, lying and being at Pecc~ic, Tc~n of Southold, Oomty of Suffolk and State of N~ York, bounded and described as follo~: ~GI~NING at a point on the northerly side of Middle Road (C.R. 27) at the southwest corner of the premise~ herein described adjoining land of Mar]ake Associates on the West; RLNNING ~H~NCE along said land N~rth 44° 44' 20" West 5135.0 feet to Long Island So~d; R~qN/NG ~/T~NCE al~g Long Island So~qd, the tie line being North 71° 13~ 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RL~N]NG q/{SNCE alQng said land of Diller three courses and distances as follcws: (1) South 45° 52' 50" w~t 1985.0 feet; (2) South 45° 45' 30" East 2827.53 feet; an~ (3) South 34° 22' 30" East 307.66 feet to a monument set on the northerly line of Middle Road; RLNNI/~G THSNCE along said line, South 68° 11' 00" West 99 feet to land o Elizabeth Simon; R~NING ~H~NCE along said land 'two' courses as follows: (1) North 31° 49' West 214 feet; and (2) South 68° 11' West 66.53 feet:to land of Arthur Simon and others; tE/qNTNG q/t~Nf]E alcng said land the following three courses and distances: (1) North 26° 28' 20" West 138.56 feet; .~2) South 60° 48' West 274.74 feet; and (3) South 29° 12' East 315.78 feet to the northerly line of Middle Road; RL~LNING ~n~NCE along said line South 69° 17' 50" West 315.33 feet to the point or place of BEGINNING. EAST by Estate of Clarence Diller c/o John F. Diller Box 39 Laurel, New York Tax .Map ~signaticn: 1000-074-01-040 Re: Application for Minor SubdivLson Arhhur P. Si~'~ Adjoining Owners, oont'd. WEST by Marlake Associates 35 West 45th $~est Ne~ York, NY 10036 (c/o R. Zelman) NOR~ by Long Island So%nd SOUTH by Middle Road, EliT~heth Simu~, Arthur SL~ and others Tax Fmp Designation: 1000-073-03-001 SHORT ENVIRON~TAL ASSESSMENT FO-~,I ~r-.-u~~-- -~4~ usa c~-~7 ~,~ah~ ~o~=~= c~. - _~:-= ~ro:ac= and _~. W~I~* ~rd~ec= rest= ~ ~ _=~=~e =~-sic~. c~' ~ =~- than 10 ac~s of 1~? - . - . ....... - ~-.~E had~ of wa=er? .......... ia~-'o~ ~m~-q= aoecies? . . . . ~--~~--~%~'S~~/ D'-Z:' 0~o~r 27, ~?~ ~ .. E;G. ~ ~. ~ [ - ~._ . 1982 p~. v~. .. , ~enry E. ~.vnor~ Jr., Chairman Southold Town Planning Board REPORT NO. 267 John W. Davis DATE: December 27, 1982 RE: JOHN SIMCN ESTATE IN PM~Oi.~IC - ~NOR Sb-BDIVISION A CC E~3S ROADS - ~he existing road except for the first 180 ft. runs in a straight course to the wooded area on the bluff. ~her. e is no change in +he present road as observed in February, 1981 except +due ruts (car tread gauge) ~re considerably deeper. No other material b~s been placed on the surface. ~he road is on ~riginsl groped and for the most part is kigher than the adjacent farm land by approximately 1 ft. (See Report No. 160). 1he 25 ft. R.O.W. at the south frontage of lots 1, 2 and 3 is in open and woode~ /and. Recommendations: If ~he first 180 ft. of the road is to be relocated in the 25 ft. R.O.W.: Remove topsoil and replace with band, un sand and gravel to the same topsoil elevation. Foll~ ~.~th the same requirements as for the rest of the road. the present entrance is to be retained~ fill in depressions and update with 6" of compacted sand and gravel. If 2. ~he remaining road length up *~ the lots should be graded smooth (ruts and small depressions filled). CQmpacted sand ar~ gravel (Gravel content to be 20% or more and a loam content of 10% width of 12 ft. 3. 25 ft. R.O.W. at south end of Lo,a: Remove topsoil. Replace with sand and gravel to san~ topsoil elevation. Place same bank ~n material as noted in (2.) f~r a depth cf 6" ~nd a width of 12 ft. Clear any wooded area on the easterly R.O.W. for 25 ft. qbe length of this one way road from F~ddle Road to the lots is 47CO ft. It might be advantageous to ins+~all one or t~o turnouts along thi~ length. 1here should be no drainage problems as long as the road is kept higher than the adjacent farm land. 7. Tarning emergency vehicl6s can be done at Lot driveways. EXHIBIT Southold, N.Y. 1 1971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. TELEPHONE 765-1938 January 17, 1983 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: John Simon Estate Minor Subdivision Dear Mr. Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 10, 1983. RESOLVED that the Southold Town Planning Board accept Inspector Davis' report #267 regarding improvements to the access road within the minor subdivision of John Simon Estate, located at Peconic. A copy of said report has been enclosed for your review. Enc. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary EXHIBI T c PERMIT ISSUED TO f NEW YORK  } ' PER~.IIT NO. DEPARTMENT OF ENVIRONMENTAL CONSERVATI 10-83-].107 S/73 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 1.5, (Protection of Water) [] ARTICLE 25, (Tidal Wellands) ARTICLE 24, (Freshwater Wetlands) [] ARTI~:LE 36, (Construction in Flood Hazard Areas) ESTATE OF JONN SIHON ¢/o Arthur Simou ADDRESS OF PERMI~EE l~ddle Road, Pecon~c~ N. Yo LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Long Island Sound un a Frivate Right of Way off N:[ddle Road- DESCRIPTION OF PROJECT Create a 4 lot subdivision each lot in excess of 40~000 emtitled "Proposed Minor Subdivision John Simon Estate ~m~mn~e~ COMMUNI~ NAME (City, Town, Village) Pecunic I COUNTY Suffolk 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permilted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may ruder the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so Ixescribed thefeon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigalion of said waters or flood flow~ or endanger the health, safety or weffare of the people of the State, or loss or'destruction of the natural resources of the State, lhe owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expirati6n or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all br any portion of the Pncompletod structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account oF any such removal or alteration. 95-~Q-4 (9/75) ITOWN Southold IFIA COMMUNITY NO. I DAM NO. PER~IT EXPIRATION DATE GENERAL CONDITIONS '1 ~/31/84 8. That the State of New York shall in no case be liable for any damage or injury Io the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right lo compensation shall accrue from any such damage. g. Thai if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manne[. 11. If granted under Articles 24 or 25, the Department reserves the righl to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the mndification of the wetland hereby aulhorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the Sla[e of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in rea[ or personal properly held or vesled in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. : lq. If granted under Article 36, this permit is granted solely, on the basis of the requirements of Arlicle 36 of the Environmental Conservation 'La~ and Part 500 of 6 NYCRR (Construction in Flood Plain Areas ha~ing Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit lhe permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. EXHIBIT. b (SEE REVERSE SIDE) , .: ." A through J and K - P attached. 1o Ail construction must be in accordance with local laws and ordinances. 2. Ail construction occurring seaward of the bluff must apply to this Office' for a Permit. Do-L:cg CoC. File attachments PERMIT ISSUE DATE Nov° 15, 1983 PERMIT ADMINISTRATOR DanieLJo Larkin , ~ ~ldg. 40,SUNY,Stony Brook, N. ¥.11974 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE L~.THAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 1971 June 30, 1983 TELEPHONE 765-1938 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Dear Mr. Wickham: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80,000 square foot lots. Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. sel Encl. John Simon Estate Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board :' ..... ' T~N OF SOUTHOLD ' ~ SHORT ENVI~9%~ENTAL'ASSESS~ENT FgR~ ]NSTR~CTIONS: ' ' ~ In' order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment ~. Will project result 'in a large physical change to the project site or physically alter more V ' than 10 acres of land? ............. ; .......... Yes No 2. Will there be a major change to any unique or /NO- -unusual land form found on the site? .......... ..Yes. 3. Will project alter'or have a large effect on ~ S4N existing body of water? ....................... . e o 4. Will project have a potentially large impact . yes ' on groundwater quality? ....................... o 5. Will project significantly effect drainage /N " flow on adjacent sites? ....................... ,'. es q 6. Will project affect any threatened or / endangered plant or animal species? ........... Yes No 7. Will project result in o major adverse effebt ' /N on air quality? ............................... ; Yes o- 8. Will project hove a major effect on visual character of the community or scenic views or vistas Rnown to:be important to ~he community? Yes /No ?. Will project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site . designated os a critico! environmental oreo by a local agency? ............ ~.~v~.~.v¥.~"~-.'~ Yes o 10. Will project have a major effect on existing ~0 or future recreational opportunities? ......... Yes ll. Will project result in.major traffic problems OK cause a major e~fect toexisting Y /No' transportation systems? ....................... es 12. Will pro~ect .regularly cause ob3ectionable odors~ noise, glare, vibration, or electrical disturbance as a resul[ of the project's Yes /No' 13. Will proSect have any impact on pub£~c nea~n Yes or.safety? .................................... ' 14. Will project affect the existing community by directly causing a growth in permanent population of mare than 5 percent over a one year period o__r have a major negative effect on the chara'cter or the community or /N neighborhood? ................................. Yes o 15. Is there public controversy concerning the Yes ~No PREPARER'S %L~AM' W~CKHAM W DATE NOvFNm~ J~, 1983 REPRESENTING ARTHUR P'. SIMON ,, - JUDITII T. TERRY TOWN CLI. RK REGISFRAR Ol' VITAL S[ *~IISF[('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: Transmitted herewith is petition of Arthur P. Simon for relief from the Bulk requirements of the Zoning Code under Local Law No. 11 - 1983. You are hereby instructed to prepare an official report defining the conditions described in said petition and forward to me your official recommendations. Very truly yours, Judith T. Terry $outhold Town Clerk Attachments WlCKHAM, WlCKHAM & BRESSLE~, P.a. November 18, 1983 Southold Town Board Town Hall - Main Road Southold, NY 11971 Re: Application of Arthur P. Local Law 11 Simon Gentlemen: Enclosed are the following in connection with the above matter: 1. Original Checklist; 2. Original Verified Petition, with Exhibits; 3. Short Environmental Assessment Form; 4. Survey; Check to the order of the Town Clerk in the sum of $100.00, representing the application fee. /emu encls. If any additional information is required, please contact this office. ? Very.CJOrdi~lt¥ ydurs, / /,x/,,! .:,: ,:' ...,'i//,~ .,.,'/,,~....,. ;,.,//-' ,,'/,.'/ "../~X / ," x i t /,.' / 4~zlliam Wickham//~,' / CHECK LIST TO BE SUBMITTED WITH PETITION Applicant ARTHUR P. SIMON Date NOVEMBER 17 , 1983 · Main Road Address iPeconic, NY 11958 Subdivision Name MINOR SUBDIVISION FOR JOHN SIMON ESTATE Hamlet Peconic Subdivision Classification Number of Lots 4 Sketch Plan Submitted Application Submitted -Sketch Plan Approval Preliminary Maps Submitted Preliminary Hearing Held Preliminary Approval Final Maps Submitted Final Hearing Held Final Approval Major Number of Acres October 28, 1982 October 28, 1982 NONE X Minor 81.757 (maior & m~nor) (major & minor) (maior & minor) (maior only} (major only) (major only) (major & minor) (major & minor} (maior g minor) (ATTACH SUPPORTING DOCUMENTS IF AVAILABLE.) TOWN BOARD : TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NE~ YORK In the Matter of the Application of ARTHUR P. SIMON VERIFIED PETITION Petitioner, For Relief Under 2100-31 (a) of the Southold Town Zoning Ordinance Concerning the Application for Minor Subdivision for John Simon Estate. Petitioner, 'ARTHUR P. SIMON, respectfully alleges: 1. Petitioner is an owner of certain real property located on the north side of Middle Road (C.R. 27), Peconic, Town of Southold, County of Suffolk, and State of New York. 2. Petitioner filed an application for sketch plan approval of the Minor Subdivision for the John Simon Estate on October 28, 1982. A copy of the application is attached hereto as Exhibit A. 3. Petitioner thereafter diligently and in good faith pursued that application. 4. Subsequent to the submission of the application, the Planning Board requested and obtained a report frcm the Southold Town Highway Department by Inspector John W. Davis regarding the improw~ents to the access road~ and resolved on January 10, 1983 to approve that report. Copies of the report and resolution are attached hereto as Exhibits B and C respectively. 5. That the Planning Board did not act on sketch plan approval of the Minor Subdivision prior to May 20, 1983 due to circumstances beyond the control of the Petitioner. 6. That the Petitioner has expended time and money in the preparation of the subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983 and has also incurred legal fees and other expenses in connection with the pursuit of the application. In addition, Petitioner has incurred expenses in obtaining a Tidal Wetlands Permit frc~ the New York State Department of ~ Environmental Conservation approving the subdivision. A copy of the Permit is attached hereto to Exhibit D. 7. That the Planning Board, by letter dated June 30, 1983, rejected the application for Minor Subdivision on the grounds that the subdivision did not receive sketch plan approval prior to May 20, 1983, the date on which the Southold Town Board legislated new zoning requirements of 80,000 scot,re foot minimum lot size, with which the proposed Minor Subdivision did not conform. A copy of the Planning Board's letter is attached hereto as Exhibit E. WHEREFORE, Petitioner respectfully requests that the Town Board resolve to grant relief to Petitioner pursuant to Southold Town Zoning Ordinance §100-31(a) and resolve that the provision of the Bulk Parking Schedule of the Southold Town Zoning Ordinance in effect prior to May 20, 1983 shall apply to the Minor Subdivision herein. WICKHAM, WICKHAM & BRESST~R, P.C. Attorneys for Applicant Main Road - P.O. Box 1424 Mattituck, New York 11952 (516) 298-8353 STATE OF NEW YORK) : SS.: COUNTY C~ ) ARUn~3R p. SIMCN, being duly sworn, deposes and says: that deponent is the Petitioner in the within action and an owner of the real property which is the subject of this Petition; that deponent has read the foregoing Petition and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and to those matters deponent believes it to be true. Sworn to/~fore me this t~ ~y o~O~e~n~C 1983 W~LLIAM W~K~AM Notary Publ~. ~tate M New Ymk ommls~ton E.,cDire. March 30, 19.~..'4 ./ APPLICATION FOR APPROVAL OF PLAT To tie Planbing Board o[ the To,va e£ Southold: The undersigned applicant hereby applies for Itentative) (final) approval of a subdivision plat in accordance with Article 16 of the '~'own Law and the Rules and Regulations of the Southold Town Pla,ming Board. and represents and states as foilows: 1. The applicant is the o~vner of record of the land under appllcation. (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 ...t~..qr...S..~..&.'5.ukS..~.qn...~p.r..q..c~. sL~zn ZsLaLe ... ;3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as_ follows: Liber ........................ Page ...................... On ....................... . Liber ............. Page Libor ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ......... Liber ........................ Page ...................... On ......................... as devised under the Last Will and Testament of gohnS~, doc~2~d ~pto. mber 28, .......... deco~ed.Y~y..2,.3.9.fi2,..~..e, let,_rs dated SeRe. ember 5, 1_962 5. The area of the la~d is ...[~..3.~.4. ...... acres. 6. Ail taxes which are liens on the land at the date hereof have been pald.~.~,.t ' 7. The land is encumbered by .. N.Q .. ' mortgage (s) "~" ..... ' ........................ (a) Mortgage recorded in Libor ............ Page ...... in original amoum of $ ................ unpaid amount $ ................ held by ..................... .......................... address ...................................................... (b) Mortgage recorded in I~er ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address .............. .EXHIBIT A iC? 7~iuri'.~;:gt rpcor(}e(i ..iber ............ Pa.'.,e ............... in c, ri~iu~! amoun: of S ................ ~npaid amount S ................ held b5- . .......................... -Y ...... ' .................... address ...................................................... g. Th=re are no other encnmbrances or lien; against lhe land-k~ ........................ 9. Ti~e land lie~ in the following zoning usu distrlc{s .-~:-~0~.8~.~ ....... 10. No part of the land lies under water whether tide water, stream, pond water-or otherwlse;~ I I. The applicant shall at his expense install al} required public improvements. 12. The land (duu~) (does not) lie in a 1rater Dislrict or ~rater Supply District. ~ame of D~- trict, if %vithin a District, is 13. 1Vater mains %rill be lald by n/a and (a) (no) charge will be made {or installing said mains_ 14. Electric lines and standards will be installed by ...~PP~iq~9 ............................ .................................... and ~) (no) charge {rill be made for installing said 15. Gas mains will be installed by ....iq/.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 Stffiolk County Highway' system, annex Schedule "B" hereto, to show same. 17. t£ streets shown on'the plat are claimed by the applicant to be existing public streets in the Town of Southold.Highway system, annex Schedule "C" hereto to show same. 18. There v. re n6 existing buildings or structures on the'land xvhich are not located an~t 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 witb .the proposed streets. 20. In the Course of these proceedings, the applicaot will offer proof bf title as required by Sec. 335 o~ the Real Property. Lax~:~ '~ 21. Submit a copy of ~ro~osed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D"... 22. The applican! tim! the cost oigrading anti public irnprovements wilJ be g .......... as itemized in Schedt]h. "E' hereto annexed and requests that the maturity the Periormance Bond be fixed at ............ .'.'ears. Ti~e Periormance Bond ',rill be written by a licensed surety company unless otherwise shown on Schedule "l:'". DATE ........ .Se.pt-g~r~.e~ ........... , 19 82 .. Arthur.P.. Si.mDn (Name of Applicant) (Signature and Title) . .406. lei..."fairg]. N..'gre~.t.,..~.a., NY 14901 (Address) ............... STATE OF NEW YORK, COUNTY OF .. On the ~ . day o£ . ~.e~.t....ery~r.. ..... lg..8.2..., before me personally came ... ~.mr.. ?.: Simon .............................. to me known to be the individual described in and- execuled the foregoing instrument, and acknowledged that ...h~. .......... executed the same. Notary Public "ANNA MAE k-VANS STATE OF NEW YORK, COUNTY OF ...~ ............... ss: On tbe ........ .O~ ......... da)' .............. of~ 19..~'.., before me personally came ' - .............. to me known, who being by me duly SWorn did de- poseand say that ..... resldesat ................................................ that ...... · ' .................. is the .......... the corporation described in and which executed the foregoing instrument; that ............ 'knows the seal of said corporation; that the' seal affixed by brder o[. the board of directors of said corpor- ation, and that ............ slgnec~ .. ... name thereto by like order. Notary Public ANNA MAE E'VANS APPLICATICN FOR MINOR SLBDMSION Arthur P. Sin~n Middle Road ~ Peoonic, N~Y. LEGAL ~ESCRIPTION ALL that certain plot, piece or parcel of land with the buildings and improveu~nts ther~an erected, situate, lying and being at Pec~nic, Town of Southold, (busty of Suffolk and State of N~ York, bounded and described as follc~: ~X~INNING at a point on the northerly side of Middle Road (C.R. 27) at the southwest corner of the premises herein described adjoining land of Marlake Associates on the West; RLIW/qING ~4~NCE alc~g said land North 44° 44' 20" West 5135.0 feet to Long Island Sound; RLSEqING qlT~NCE alcmg L~ng Island Sound, the tie line being North 71° 13~ 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RLS~ING qI4~NCE along said land of Diller three courses and distances as follows: (1) South 45° 52' 50" East 1985.0 feet; (2) South 45° 45' 30" East 2827.53 feet; and (3) South 34° 22' 30" East 307.66 feet to a monument set on the northerly line of Middle Road; RI/qNING THENCE along said line, South 68° 11' 00" Wast 99 feet to land o Elizabeth Simon; RLS~NING ~H~IqCE along said land 'two' courses as follcws: (1) North 31° 49' West 214 feet; and (2) South 68° 11' West 66.53 feet..to land of Arthur Simon and others; ~G ~I~NCE alcng said land the following three courses and distances: (1) North 26° 28' 20" West 138.56 feet; .('2) South 60° 48' West 274.74 feet; and (3) South 29° 12' East 315.78 feet to the northerly line of l~i~le Road; RLNNING THENCE along said line South 69° 17' 50" West 315.33 feet to the point or place of BEC~INNING. EAST by Estat~ of Clarence Diller c/o John F. Diller Box 39 Laurel, New York Tax .Map Designation: 1000-074-01-040 Re: Application for Minor Subdiviscn Arthur P. SJ_n~n ~joining Owners, cont'd. WEST by Marlake Associates 35 West 45th Street N~ York, NY 10036 (c/o R. NOR~{ by I~ng Island Sound SOUTH by Middle Road, Elizabeth Sir~, Arthur Sin~: and others Tax Map Designation: 1000-073-03-001 SHORT ENVIRONSLENTAL ASSESSMENT FO.~.I .H--nry E. Raynor, Jr., Chairman Southold To~m Planning Board REPORT ilO. 267 " John %~. Davis RE: DATE: December 27, 1982 JOHN SIMCN E~TATE IN PH]Oi'~IC . I'ffNOR SLqBD]VISION ACCESS ROADS - ?he existing road excent f. or the first. 180 ft. runs in a straight course to the wooded area on the bluff. ~here is no change in the nresent reed as observed in February, 1981 except +/ne ruts (car tread gauge) ~re considerably d:.eper. No other material has been placed on the surface. 1he road is on ~ri=~inal grmmd and for the most part. is kigher than the adjacent farm land by approximately I ft. (See .Report No. 160). - . 1he 25 ft. R.O.I~. at tbs south frontage of lots 1, 2 and 3 is in open ar~t L~ndo Recommendations: 1. If the first 180 ft. of the road is to be relocated in the 25 ft. R.O.i{.: IRemove topsoil and replace with banl~un sand and gravel to +.he same topsoil elevation. Foll~ ~th the same requirements as for the rest of the road. the pr,sent entrance is to he retained, fill in depression~ and update with 6" of compacted sand and gravel. If 2. ~he remaining road length up ~ the lots should be graded smooth (ruts and small depressions filled). CQ.mpactcd sand and gravel (Gravel content to be 20% or more and a loam content of ~ * 10~_ )~ shall be nlaced for a depth ef 6" and a width of 12 ft. - 3. 25 ft. R.O.I{. at south end of Lot~: Rnmove topsoil. P~olace with sand and gravel to sa~ topsoil elevation. · Place same bank m~n~material as noted in (2.) f~r a depth ~ 6" and a width of 12 ft. 4. Clear any wooded area on the easterly R.O.I~. for 25 ft. 5./ ~he length of this one way road from I~ddle Road to the lots is 4700 ft. It might be advantageous to install one or two turnouts along thi~ length. 6. ~here should be no drainage problems as long as the road is kept higher than the adjacent farm land. 7. T~rning emergency vehic~:s can be done at Lot driveways. EXHIBIT Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr, WILLIAM F. MULI~N, Jr. TELEPHONE 765-1938 January 17, 1983 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: John Simon Estate Minor Subdivision Dear Mr. Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 10, 1983. RESOLVED that the Southold Town Planning Board accept Inspector Davis' report #267 regarding improvements to the access road within the minor subdivision of John Simon Estate, located at Peconic. A copy of said report has been enclosed for your review. Enc. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary EXHIBIT c PERMIT ISSUED TO f ?ORK STATE DEPARTMENT OF ENVIRONMENT,a PERMIT SERVATION 10-83-1107 S/73 UNDER THE ENVIRONMENTAL CONSERVA~tON LAW ARTICLE 15, (Protection of Water) ~ ARTICLE 2S, (Tidal Wetlands) ARTtCLE 24, (Freshwater Wet,ands) ARTI{~LE 36, (Construc on in Flood Hazard Areas) ESTATE OP JOHN SIN_ON c/o Arthur Simou ADDRESS OF PEBMI]TEE l~ddle Road, Peconic,___N. yo LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Long Island Sound on a Private Right of Way off ~Ldddle Road- SCTMMO lq~_nT~_~l_A2 DESCRIPTION OF PROJECT Create a 4 lot. subdlvisio_n each lot in exces~ of~;000_aq, f~- ~n ~rrn~ ~.;~th the plmu entitled "Proposed M/nor Subdivision John Simon ,, ld ICOMMUNI~ NAME (City~ Town, Village) Peconic ·COUNTY I Suffolk JTOWN JFIACOMMUNITY NO. Soul, old yak NO. GENERAL CONDITIONS I. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention Io commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public intefest so requires. 3. As a condition of the issuance of this permit, Ihe applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibflity for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. S. Any material to be deposited or durnped under this permit, either in the waterway or on shore above high-water mark, shall be deposiled or dumped at the locality shown on the drawing hereto attached, and, if so pcescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That if future operations by the 5tare of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood fl0w~.or endanger Ihe health, safety or welfare of the people of the State~ or loss or destruclion ut the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter Ihe structural work, obstructions, o( hazards caused lhereby without expense to the State; and if, upon the expirali6n or revocation ut this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, Ihe owners shall, without expense to the State, and to such exlent and in such time and manner as lhe Department of Environrnental Conservation may require, remove all or any porUon of the oncompleted structure or till and restore to its former condition Ihe navigab[e and flood capacity of the walercourse. No claim shall be made against the State of New York on account of an)' such removal or alteration. 9S-~0.4 (g/75) IPERMIT EXPIRATION DATE ;?/3~/8~ 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by m result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right tc compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorizer is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of Ibe owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner· 11. If granted under Articles 24 or 25, the Department reserves Ihe ,ight to reconsider this approval at any time and after due notice and hea~ing to continue, ,escind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and reslore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property hem or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required fo~ this project. 14. If granted under Article 36, this permit is granted solely, on t~e basis of the requirements of Article 36 of the Environmental Conservation Law and Part SOO of 6 NYCRR (Construction in Flood Plain Areas haOing Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding· 15. By acceptance of this permit the permirtee ~,grees that the permit is contingent upon strict compliance with the special conditions on Ihe reverse side. (SEE REVERSE SIDE) ..: EXHIBIT b. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE PdTCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. I 1971 June 30, 1983 TELEPHONE 765-1938 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Dear Mr. Wickham: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80,000 square foot lots. Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. scl Encl. John Simon Estate Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board A through J and K - P attached. 1o Ail constructiom must be in accordance with local laws and ordinances. 2. Ail construction occurring seaward of the bluff must apply to this Office for a Permit. DJL:cg CoC. File attachments Dante£Jo Larkin,~ ·'/g .... /.~_ ~ldg.40,SUNY,Stouy Brook, N. Y.11974 . ';"' ' ~WN OF SOUTHOLD ·,i, ~' " SHORT ENV-]RONk~ENTAL'ASSESS~IENT FOR -f ]NSTRU'CTIONS: ;i.¢ ~ (o) In' order to answer the questions in this short EAF ~ that the preparer vlill use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be signi£icant and a completed Environmental ^ssessmen¢ Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment ~. W~li pro)ec¢ resuEt in a large physical change to the project site or physically alter more /No. than lO ac=es of land? ............. ~ .......... Yes, 2. Will there be a ma~or change to any un£que or -unusual land form found on [he site? .......... Yes.~ 3. Will pro~ect alter'or have a large effect'on ' ' /N existing body o~ water? ....................... Yes o 4.. Will project have a potentially large impact ~'/~ on groundwater quality? ....................... Yes o 5. W~ll project significantly effect drainage / flow on adjacent sites? .............. ~ ........., Yes &. Will project affect any threatened or / endangered plant or animal species? ........... ,,, Yes ,No 7. Will project result in o ma3or adverse e~fe~t ' /N on air quality? ............................... ,,' Yes o' 8. Will project have a ma~or effect on visual character o~ the community or scenic views or vistas known {o:be important to the commun[ty?, Yes /No ?. Will project adversely ~mpact any site or .' structure of historic~ prehistoric or paleontological importance or any site designated as a critico! environmental area by a local agency? ............ ~...v~.;,...~-.~.~..~. Yes. o 10. Will project have a molar effect on existing or future recreational opportunities? ......... Yes NO 11. Will project result in.~o~or traffic problems o~ Cause a major effect to existing /H ' transportation systems? ....................... Yes o 12. Will project .regularly cause objectionable odors~ noise~ glore~ vibrotion~ or electrical th p oSect' 7No' disturbance os o result of e r s ti n? ' Yes. 13. ['/ill pro~ect have any impact on public health or.safety? .............. Yes No d~rectly causing a growth £n permanent population or more than 5 perce~t over a one year period, or have a ~ajor negative e~fec~ on the char6'cter of the community or /N neighborhood? ................................. Yes, o 15. Is there public controversy concerning the project? .... ) .... ~ .~.2...~..~. ............... Yes No ]GNAIURE ;:' ' i~ is assumed HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 June 30, 1983 TELEPHONE 765-1938 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Dear Mr. Wickham: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80,000 square foot lots. Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board sel Encl. John Simon Estate HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 1971 January 17, 1983 TELEPHONE 765-1938 Mr. William Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: John Simon Estate Minor Subdivision Dear Mr. Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 10, 1983. RESOLVED that the Southold Town Planning Board accept Inspector. Davis' report #267 regarding improvements to the access road within the minor subdivision of John Simon Estate, located at Peconic. A copy of said report has been enclosed for your review. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary Henry ~.o Raynor~ Jr., Chaiman ~outhold ~n Flanning Board REPORT NO. 267 Joh~ W. Davis DATE: December 27, 1982 RE: JOHN SIMON ESTATE IN PE~ONIC - MINOR SUBDIVISION ACCESS RI)ADS ~ COMMEN ~: ~he existing road except for the first 180 ft. r~ns in a straight course to the wooded area on the bluff. ~here ~s no change in the present road as observed im February, 1981 except the ruts (car tread gauge) are considerably deeper. No other material has been placed on the surface. ~be road is on *riginal ground and for the most part is higher than the adjacent farm land by approximately 1 ft. (See Report No. 160). ~he 25 et. R.O.W. at the south frontage of lots 1~ 2 and 3 is in open and wooded land. Recommendations: 1. If th~ first 180 ft. of the road is to be relocated in ~he 25 ft. R.O.W.: Remove topsoil and replace with bankru~ sand and gravel to the same topsoil elevation. Follow ~ith the same requirements as for the rest of the road. the present entrance is to be retaimed, fill in depressions a~d update with 6" of compacted sand and gravel. If ~he remaining road length up to the lots should be graded smooth (ruts a~d small depressions filled). Compacted sand ami gravel (Gravel content to be 20% or more and a loam content of 10% *_ )~ shall be placed f~r a depth c~ 6" and a width of 12 ft. 3. 25 ft. R.O.W. at south end of Lots: Remove top~oil. Replace with sand and gravel ~o same topsoil elevatiow. Place ~ bank ru~ material as noted in (2.) f~ a depth c~ 6" and a width of 12 ft. 4. Clear amy wooded area on the easterly R.O.W. for 25 ft. 5. ~he leagth c~ this one way road from Middle P~ad to the lots is 4700 ft. It might be advantageous to iutall one or two turnouts along th~ length. 6. ~here should be no drainage problems as long as the road is kept higher than the adjacent farm land. 7. T~rning emergency vehicles can be done at Lot driveways. APPLICATION FOR MINOR SUBDIVISION Arthur P. Simon Middle Road - Peconic, N.Y. LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 27) at the'southwest corner of the premises herein described adjoining land of Marlake Associates on the West; RUNNING THENCE along said land North 44° 44' 20" West 5135.0 feet to Long Island Sound. RUNNING THENCE along Long Island Sound, the tie line being North 71° 13' 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RUNNING THENCE along said land of Diller three courses and distances as follows: (1) South 45° 52' 50" East 1985.0 feet; (2) South 45° 45' 30" East 2827.53 feet; and (3) South 34° 22' 30" East 307.66 feet to a monument set on the northerly line of Middle Road; RUNNING THENCE along said line, South 68° 11' 00" West 99 feet to land of Elizabeth Simon; RUNNING THENCE along said land three courses as follows: (1) North 31° 49' West 214 feet; (2) South 68° 11' West 107.0 feet; (3) North 26° 25' 20" West 211.45 feet to the northerly line of Middle Road; RUNNING THENCE along said line, South 68° 11' 00" West 200 feet; THENCE South 69° 17' 50" West 335.55 feet to the point or place of BEGINNING. ADJOINING OWNERS: EAST by Estate of Clarence Diller c/o John F. Diller Box 39 Laurel, New York Tax Map. Designation: 1000-074-01-040 ~Page Re: 2 Application for Minor Subdivision Arthur P. Simon Ad~oinin~ Owners, con't. WEST by Marlake Associates 35 West 45th St. New York, NY 10036 (c/o R. Zelman) Tax Map Designation: 1000-073-03-001 NORTH by Long Island Sound SOUTH by Middle Road and Elizabeth Simon HENRY E. KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH[E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. I1971 TELEPHONE 765-1938 December 15, 1982 Mr. John Davis Sterling Road Cutchog~e, New York 11935 Re: John Simon Estate Minor Subdivision Dear Mr. Davis: It was the concensus of the Planning Board at a meeting held December 13, 1982 to request that you inspect this area and report your comments and/or recommendations on the soils and improvements for the right-of-way designated on the subdivision map. A copy of the map has been enclosed for your review. Thank you for your assistance. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary WILLIAM WICKHAM ABIGAil A. WICKHAM WICKHAM~ WICKHAM ~ BRESSLER, P.c. MAIN ROAD~ p.O.I~OX I42~% MATTITUCK LONG ISLAND NEW YORK II952 516-298-8353 October 27, 1982 Southold T~wn Plann/ng Board Main ~)ad Southold, NY 11971 Re: M/nor Subdivision for John Simon ~state Enclosed please find ~he following in connection with the above proposed subdivision: a) application in triplicate b) legal description of property & adjoining owners c) short environmental assessment form d) letter referring to no n~ roads, etc. e) Suffolk Cot~ty tax wp f) six copies of survey g) check in the amount of $75.00 If any additional information is required, please do not hesitate ~o contact me. kW: lje ~¢s. C i-t ii> ,iH Ifil I> U~ © C, 'i b 35 o 0 b tr/