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HomeMy WebLinkAbout1000-83.-1-1?o ?" (F.,'~ Chairman -K£y 4908 ,BIRCH HILLS 0 U'T'CHO(:;;UE -}-OWN OF SoUTFIOLD ~L)b-?OLK COUNTY ~ -fyP;ca/ 3~le ~ Lvaoh'~-] pool~ ARE,'~ IL Igb.I~RE SUFFOLK COUNTY CLERK'S OFFICE NORMAN E. KLIPP, COUNTY CL£RK ~uly 2&, 1967 PHONE PARK 7-4700 {,~ner: l~rch Pro[~.rt[en. Inc. To Whom This May Concern: The Subdivision Hap o[: BIRCH ltL[,l~ AT CUTCHOOU~ was F il e d ,7/19/'f~7~ ~ 077 o:'~. File Number, Abstract Number, Township Book, 12 Page, 6 Very truly yours, County Clerk Map D~artment ~08'~.P~ C. CASARONA, residing at 705 Birch Lane~ Cutcho~ue, New York 11935 and C"~ARLES P. CASARONA, residing at 54 Cornflower Lane, East Northport, New York 11731, for the purposes of abandoning and canceling the westerly 100 feet of a street known as Glen Court as shown on a.certain map entitled, "Map of Birch Hills at Cutchogue" and filed in the Office of the Clerk of the County of Suffolk on July'19, 1967 as Map No. 4908, pursuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York, do hereby certify: 1. A certain map subdividing a tract of land situate at Cutcho~ue, in the Town of Southold, Suffolk County, New York, into lots and roads entitled and named ~Map of Birch Hills at Cutcho~ue- was filed in the Suffolk County Clerk's Office on 19th day of July, 1967 as Map No. 4908. 2. More than twenty years have elapsed since the filing of the map. 3. The tract of land owned by the undersigned~including the westerly 100 feet of the street known as Glen Court in the aforesaid subdivision is more particularly described and set forth in Schedule A which is attached hereto. The westerly 100 feet of Glen Court which is the portion of the street to be abandoned is more particularly described in Schedule B which is -attached hereto. 1 4 4 F #ABS. No. 13,1998 HAY 01 19 APR 1,3 1998 SouthoId Town PlanniqgBoard 4. The westerly portion of the street known as Glen Court comes to a dead end within the bounds of the tract of land owned by the undersigned as described in Schedule B and this westerly 100 feet of this street known as Glen Court is not open or used by the public or lot owners on the subdivision, nor necessary for the use of the owners, occupants or any other persons having an interest in any part of the aforesaid subdivision of land shown on the filed map. 5. The Southold Town Planning Board by resolution dated January 13, 1997, approved merging the property described in Schedule B with Lot No. 1 on the "Map of Birch Hills a~ Cutchogue"; in effect abandoning the westerly 100 feet of Glen Court as a street. 6. Joseph C. Casarona and Charles P. Casarona the owners of the westerly 100 feet of Glen Court as described in Schedule B annexed hereto is hereby abandoned and canceled; and effective with the due approval and recording hereof, shall no longer exist as a street. 7. Endorsed hereon is the approval by the assessor of the Town of Southold. 8. Submitted herewith is an abstract of the title of the tract of land to be abandoned covering a period of at least twenty years last past and a Certificate of the Suffolk County Treasurer to the effect there are no unpaid tax liens against the 2 land, to be approved by the County Clerk of Suffolk County at the time of recording hereof. IN WITNESS WHEREOF, this Certificate is made and executed this day of February, 1998. C] i e~ CA Ca~rona V- arles' ~. C~sarona STATE OF NEW YORK:  : ss. ' ' COUNTY OF : On the >f~ day of February, 1998, before me personally c~me JOSEPH C. CASARONA to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public STATE OF NEW YORK: On the ~ '= day of ~ 1998, before me personally came CHARLES P. CASARONA to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 1 and the westerly 100 feet of Glen Court on a certain map entitled, ~Map of Birch Hills at Cutchogue" and filed in the Office of the Clerk of the County of Suffolk on July 19, 1967 as Map No. 4908, said lot and part of street being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Glen Court 41.43 feet westerly from the corner formed by the intersection of the southerly side of Glen Court and the westerly side of Birch Lane; running thence along the southerly side of Glen Court which is also the northerly side of Lot No. 11 on the aforesaid map South 60° 35' 20" West 100.0 feet to land now or formerly of Domaleski; running thence along said last mentioned land North 37° 33' 40" West 255.51 feet to the southerly side of the "Park and Playground" as shown on the aforesaid map; running thence along said last mentioned land North 60° 35' 20" East 100.0 feet to Lot No. 2 on the aforesaid map; running thence along said mentioned land and along the westerly side of Glen Court South 37° 33' 40" East 255.51 feet to the northerly side of Lot No. 11 on the aforesaid map and the point or place of BEGINNING. SCHEDULE B ALL that certain street, road, avenue and court, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as the westerly 100 feet of ~Glen Court", containing 5,000 sq. ft.~ on a certain map entitled, ~Map of Birch Hills at Cutchogue" and filed in the Office of the Clerk of the County of Suffolk on July 19, 1967 as Map No. 4908 and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Glen Court 41.43 feet westerly from the corner formed by the intersection of the southerly side of Glen Court and the westerly side of Birch Lane; running thence along the southerly side of Glen Court which is also the northerly side of Lot No. 11 on the aforesaid map South 60° 35' 20" West 100.0 feet to land now or formerly of Domaleski; running thence along said last mentioned land North 37° 33' 40" West 50.51 feet to the northerly side of Glen Court which is also the southerly side of Lot No. 1 on the aforesaid map; running thence along said last mentioned land North 60° 35' 20" East 100.0 feet to a monument and Lot No. 2 on the aforesaid map; running thence through Glen Court South 37° 33' 40" East 50.51 feet to the southerly side of Glen Court which is also the northerly side of Lot No. 11 on the aforesaid map and the point or place of BEGINNING. t, the undersigned, the Assessor of the Town of Southold, Suffolk County, New York, do hereby approve and consent to the foregoing Certificate of Abandonment. STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On the }~ ~ day of D~ , 1998, before me personally came ~¢o}~ ~. ~u$$~}~ to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public Scott A. Russell, Chairman Darline J. Duffy, Assessor Robert I. Scott Jr., Assessor BOARD OF ASSESSORS TO~3IN OF SOUTHOLD Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 7654823 Telephone (516) 765-1937 1/16/98 Melissa Spiro Scott A. Russell Birch Lane Please be advised that a request has been made by Mr. Lark to merge a property identified as SCTM# 1000-83-1-1 with a portion of property currently known as "Glen Court". The portion will be the width of the aforementioned lot and is the western most section of the road. We will merge these properties and issue a new tax map number for 83-1-1 when we receive the deeds. IfI can be of further assistance please let me know. 1/16/98 SOUTHOLD TOWN PLANNi~qG BOARD Henry ~, l~ynor~ Jro~ Chair~n ~uthold ~wa Planning Board 1~ Joha V. I~Tt_8 250 Date= Oc~ber 13~ 1~82 ~ ~I~ 133~.T~ So~T~)i~J.~rON ~908 at Cutchogue 3ta~ off Existi~ Private Roads Birch Lane is 26 ft.*. in ~idSh. ~len Ct. ~ 34 ft. _~ in ~dth ~[ ~h a t~ning area at the easterly e~d. ~ere is no connect~o~ there to the adjacent subdivision ~ere is no road i~provea~nt at the ~esterly ~d c~ ~ Court (l~ntage for Lot ~o. 1). ~h roads are in good condition. ~ey were apparently constmc%ed to ~men apecifications. I d~d not see amy evidence c~ drainage problema. ~e large sise oa 1-de-~ac at ~ Ct. pr~ides turning fe~ e~rge~ey ~e~le~. 'Memorandum from.... BUILDING INSPECTORS OFFICE TOWN OF SOI.ITHOLD Town H^LL, SOm'ItOLD, N. Y. 11971 / / 'x April 22, 1970 Southold Town Board 16 South Street Greenport, New York Gentlemen~ Please be a~vised that al~ agreement between the Superintendent of Highways, Birch properties, Inc., and Birch Hills Property O~ners Association, Inco has been reached in which Birch properties Inc. will deed the road~ to Birch Hills property Owners Association, InCo As private roads we are fully aware that they will not be dedicated to the Town, therefore we are satisfied that the bond be released in care of Richard Lark, Attorney. cc-Richard Lark. Attorney Yours truly, JOhn Wickham, Chairman Southold Town Planning Board SI' EASTERN DEPARTMENT ' 129 FULTON STREET · NEW YORK, NEW YORK 10038 ~thOldo L.Z.o ll~ Ye~ck 11971 Bon~ No. 900772 Bond Amount Principal B:LT~h ~ _~--'~-. 1~. Obligee Date of Bond For Address surety, questions below. We would appreciate it, blanks provided and retur~ the report. This Company is surety on the bond described above. As such we are ~itally interested in securing the proper answers to the if you would complete the Thank you. 5!!91 ~ond released as a pr~vhtm ~nmd Be,sdb, g Dept. Has bonded work been satisfactorily completed? What was date of final acceptance? B~nd What percentage of work has been doneZ When is final approval anticipated? Remarks: BY: Building Inspector s~ for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ' ' -- BIRCH PROPERTIES, INC. ~~/'/Se c re t a ry STATE OF NEW YORK, COUf43'Y_~F ~ ~ , , SS: On the day of ? -' ". ':i.~ .19. ,before me personally came to me known to be the ]n~dividual described'in and who executed thd :loregolng ihstrument, andl acknowledged that executed the same.. ,. STATE OF NEW YORK, COUNTY OF Suffo1 k ss: Onthe 21stdayof April 1970 ,beforeme personally came Samuel L. Grimes to me known, who, being by me. duly sworn, did depose and saythat he resides at ~O( {no #) Briarcliff Road. Shoreham, New York ; that be is the Secretary of Bi rch Properti es , I,~h~e'corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed ti S name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came · the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that be knows to be the individual described in and who executed the foregoing instrument that he, said subscribing witness was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. O RAYMOND C, DEAN Superintendent April 14, 1970 Tel. 765-3140 734-5211 The ~lannlng Board Town of Southold Southold, New York Gentlemen: Mr. Lark asked me to inspect the roads for dedication to the Birch Bill Property Association, Cutchogue, New York. I have inspected the roads, Glen Court and Birch Landing and find them in satisfactory condition and recommend they be turned over to the Birch Hill Property Association. RCD:a /' RAYMOND C. DIiAN RAYMOND C. DEAN December 1Ss 1969 TEL. 765-3140 The Pla~g Board Town o~ Southold Southold~ New York Ge~t lemen; I have ~napect~ the ~o~ at BIR~ HILL ~T~S, ud ~ thm to ~ sat~a~cto~, Md that ~ ~RT ~ continues R~a ~ ~pt. o£ HSg~ays REPUBLIC INSURANCE COMPANY · VANGUARD INSURANCE COMPANY · BLUE RIDGE INSURANCE COMPANY EASTERN DEPARTMENT * 129 FULTON STREET · NEW YORK, NEW YORK 10038 May 21, 1969 Sou~l~old Plannning Board John Wickham, Chairman Southold, L.I., New York 11971 Bond No. 900772 Bond Amount Principal Birch Properties, Inc. Cutcho~ue, Cutchogue, New York Obligee TOWN OF SOUTHOLDt N.Y. Address ~13~000.00 Date of Bond 6-15-67 For Birch Hills at This company is surety on the bond described above. As such surety, we are vitally interested in securing the proper answers to the questions below. We would appreciate it, if you would complete the blanks provided and return the report. Thank You. Has the bond work been Sincerely, Deborah Kraus Bonding Dept. satisfactorily completed? What was the date of final acceptance? What percentage of work has been done? When is final approval anticipated? Remarks: February $, 1969 Mr. Samuel Grimes, Attorney P.O. Box 545 Smithtown, New York 11787 Dear Sir; In response to your letter of January 28th ]~E= release of bond for improvements - roads & drainage, etc. at "Birch Hills" development at Cutchogue, N.Y. The Superintendent of Highways has made an roads and drainage and find them unsatisfactory, report enclosed. this inspection of the a copy of his The Planning Board does not recommend release of bond at time. Yours truly, Howard Terry f~N Building Inspector RAYMOND C. DEAN SUPERINTENDENT TEL, 76e-s140 January 31~ 1969 The Planning Board Town of Southold $outhold, New York Gentiemen= I have inspected the roads at Birch Hills Development, and ! find the following: The road at the entrance is soft and breaking up; the curbing at intersections has dropped; the area around the Parking Lot is not cleared of rock and debris; the basins at the entrance, are full of dirt, and the Birch Hills and Duck Point developments, do not connect, therefore, I cannot recommend releasing of the Bond. RCD: a ........ ~ry truly yours,/ January 30, 1969 M~. Raymond Dean, Superintendent of H~ghways Pecon~cLane Pecon~c, L.I., New York 11958 Dear Ray~ Enclosed ~s a copy of a letter from Samuel Grhaes REz releasing bond for Birch H~11s subdiv~s~on roads. W~ll you please have a letter for the next Planning Board meeting approving or d~sapprov~ng these roads. Howard Terry, January 30, 1969 Mr. Samuel Grhuee, Attorney P.O. Box 545 Smithtown, L.I., New York 11787 Dear Sir~ Your letter of January 28th R~= release of bond for roads ~n "Birch Hills" subdivision, Duck Pond Road, Cutchogue, N.Y. received. th' X have contacted Mr. Ra~mond Dean. Supt. of Highways to check Is out and have a report for the next Planning Board meeting, February 4, 1969. If the Highway Supt. & Planning Board approve the roads, they will send a recommendation to the Town Board to release the bond. Xncidently the ~aubdivision"sign for Birch Hills has either blown over or has been removed and is laying face down partially in the Town Road. Will you please have this put back in its proper location. Yours truly, Howard Ter=y Bulld~ng Inspector ATTORNEY AT LAW POST OF-F~CE BOX S~5 · SMITHTOWN~NEW YOrK Jl787 January 28, 1969 Mr. Howard Terry Building Department Town of Southold Southold, New York Map of Birch Hills Dear Mr. Terry: Many months ago, we were advised that our roads in the Birch Hills development had been installed accord- ing to all Town specifications. We were told, however, at that time that our bond could not be released until the adjoining subdivider had paved his road to meet ours. I never did understand why this condition was made, but I would appreciate your checking into this and advising when I may expect my client to be released from the performance bond posted. SLG:KBM Sincerely yours, SAHUEL L. GRIMES KENNETH E, BOKLAN 6~:~I.,~I~,~ AND ATTORNEYS AT LAW POST OFFICE BOX $45 · S~'IlTHTOWN~NEW YORK ]]787 50! HAUPPAUGE ROAD January 19, 1968 Town Planning Board Town of Southold Southold, New York Map of Birch Hills Gentlemen: It is my understanding that the Town Engineer and the Town Highway Superintendent have inspected and ap- proved the public improvements made to the premises covered by the "Map of Birch Hills". Accordingly, it is hereby formally requested that your Board make the necessary re- quest of the Town Board for release of the performance bond posted by Birch Hills with the Town. It has been a pleasure to work with the Planning Board on this map. My client and I have appreciated very much your patient assistance and cooperation. SLG:KBM Respectfully yours, m h md ~tm dmlJm~t, tmm i ~~ tm · mm~mmmamm~em, v&*h male mimmmSmml m ~em~S3,e mt, m 4ml~mlmrAite -2- mJ%emom, emmmeutw ~r doodlw ut be ebti~ fram the ~eqm~y February 2, 1968 Samuel L. Grimes, Esq. Post Office Box 545 501 Hauppauge Road Smithtown, New York 11787 Res Map of Birch Hl]s Dear Mr. Grimes: We are in receipt of a letter from the Superintendent of High- ways in which he states the condition of the highway in your develop- ment. It is not satisfactory in that it fails to meet the gra~e of the respective highway in the adjoining subdivision. He also has notified us that the same problem exists with the adjacent subd/viaion, in that it fails to meet the grade of the highway in your subdivision. It is obvious to us t~lee is no great problem, in view of the fact the highway in the adjoining subdivision has not yet been surfaced. we have suggested to them that they meet the grade of your highway and they have agreed, but this might mean that their machinery would have to turn around on your highway. Obviously this work can not be con- cluded until after the winter w~ammer is oyeZ. We will keep our eyes on this matter. Very sincerely, John wickham, Chairman Southold Town Planning Board LAWRENCE M. TUTHILL December 12, 1967 Southold Town Planning Boar~ gouthold, N.Y. Birch Hills, Cutchogue, N.Y . Gentlemen: I have insoected the roads of Birch Hi'!ls~ Cutahogue and foun~ the roads to meet the requiremenbs O~ the Southold To~m PlaRning Board except to note that the road has hot been connected to Vista Bluff as requested by the Dla~_ning ~oard. Lawrence M. 'I~thill 21, 1967 Dear Sir~ . . Xn response to you~ telephone call yesterd~yj p~e,~,~s be aav2sed that the existing dwelling on lot ~ 11t Bil~h Hills at Cutchogue~ was built lon~g prior ,'to our zoning ordinance so we have no construction records of The ~.$11ing is carrie~ On our records as a one family dwellingt this letter will act as a certificate of occupancy for such use. There are no outstanding violatie~,~, o~ the premises at this time. ~uilding Inspector. O'une 26, 1967 8ou~hold Town Board 16 SOUth Street Oreenport, lfe~ York Rez B~rch H:tXXw At Cutehogue - Bond We enoXooe hezew:tth Bond ~900772 of RepubXZo %nnur&n~e Cm~ for ~e "bp of Btr~ H~I~s at Cutoh~" , ~ned ~d ~eXo~d by S%r~ ~o~rttem, %nc. ~&m ~p ham r~eLved aX% appr~aXs fr~ ~e Pla~g ~ard ~d nee~ ~XF ~e ft~X a~aX of b ~n ~d on ~e ~nd in or~r ~e Mp b sl~ed ~ ~e ~al~ of ~e Planning Bo~d and ~en f~led. Ploue notl~ ~ls offl~ when oaAd Bond has ~n ~pr~ed bF ~e bn S~rd. Very min~erely, john wJ~khmu0 C~heJ~man 8outhoXd, bn Planning Board /bd encY. ~,~ .~uel~_~lmes, Attorney · nithtown~ N.Y. ~une 7, 1967 Dear SirI As ~equ~sted by telephone today I am enclosing a co the engineer, estimates fo~ ~i~ch ~ills"pr~perties perfo~m~ePey of bond Trustin~ this will be helpful, lou~s truly ~uilding Inspector LAWRENCE [vi. TUTHILL December 21, 1966 Southold ~b~n Planning Board Southold, i.i~.y. Re: Birch Hills at Cutchogue Gentlemen: My estimate for the roads at Birch Hills, Cutchogue is as follows: Land clearing Rough grading 300 cy ~ !i 1.O0/cy Fine grading 1,300 if ¢i$ .30/lf Surfacing 1,300 if D ~ 4.00/lf Leaching basins 4 ~ $ 1,200 ea. Increase costs over 3 year period Administrative costs %o0.00 3o0.00 39o.oo ~,2oo.oo h,8oo.oo 1,olo.oo 80c.oo ~ 13~000.00 I reco~end a bond of .~ 13,000.00 P~spe ctifull ;- submitted, La~mence M. Tuthill April Samuel GrLmes. Esq. P. O. Box 545 Smi~htown0 Hew York Re, BLrch H~llo at Cutchogue Per formanoe bond Dear b~ ~he 8outholdTown P~ann:Lng Board at a epec:L&l moetingheld on December 20, ~966, "On mot:Lon by Mz. Mo:LIe, oecon~ed by Mr. Grebe, ~t was "RBSOLVBD that the Southold T~wn Plann:Lng Board rocommend ~o the SoutholdTown Bom~d an emt~d ~rfomnce ~d of ~13,0~.00 for ~e c~let~ of ~ r~ nd o~r ~r~mnts ~ned and ~lo~d~ Birch ~rtlea. Inc. "Vote of tho Bo~rdt Alma:- Mr. W:Lckham0 Mr. Mo:Lsa° lq=. Grebe. Respect fulXy yours, John W:Lckham, Southold Town PI&tm:Lng Board /bd 21, 3.966 Oreenport, Hew York ·hLs 4. to certl£y that the ~ollowing antio~ wee taken by the Southold Town Planning Board at a specAa! meeting held on Decoud~ 20, 1966s On motion b~ air. No~aa, eeoonded by Mr. [Jrebe. &t was RBS~LVBD that the 8outhold Town PlannLng Board recoumond ko the Southold To~n Board an estimated performance bond of $13,000.00 for the completion o £ the roadS and other haprove~ent~ An the oubd~v&sion to be known aa B~eh Hills at Cutchogue, owned and developed bM Birch Properties, ThC. Vote o£ the Boarda AFefs- Mr. Wlckh~MUo Mr. ~l~a, Mr. Orehg. f:----~Reepoct £ullM euhuitted, , Chairman S(6uthold To~n Pihnning i~3ard LEGAL t~0TICE NOTIC~ OF HEARING ~qOT~CE I$ ~Y GI~ ~at ~t ,~ ~ion 276 of the, held ~ ~e Sg~o~d Town PI~- ~ B~d at ~he T~ Offi~, eve~ ~f s~d ~y on ~e ques- ~t: Pl~t of p~rty ~ned by Bi~ ~ of a ~el of ~ of 11.126 ;t~ T~n of ~utho~d, SuXfolk', Coumty, New York, ~d bo~d~ D~k ~ ~, 2638 fe~ wes~ly ~ fr~ Orego~ ~ad, ~d ~lmt of ~nning the northerly c~r of ~o~g ~d h~ ~r mark, 495, of V~e~, S. 39° 00' E.- ~2~ m~t on ~e ~es~rly Hne of said Duck Pond ~d; thence said ~u~we~ly ~e of ~ck Pond ~d; thence al~ ~' E.-~.82 feet ~ the Any ~r~n de~r~g to be he~d ~ ~t ~e ~e ~d p~ace above COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, , ~ ,,. L:, ~, ~ ~/i~, ,~- (f' ~ ~m ~. ~., ..... being duly Sworn, says thor ... ~ is Printer and Publisher iof the SUFFOLK WEEKLY TIMES. a newspaper publish~ at Greenport. in said county; and that the n'ctic~, of which the ,~e~d is ~ print~ copy. has been published in t'he said Suffolk Week~ Times ~nce in each week, for ........ ~.'~. · ........... week~ successively commencing on the . d~y of .. 3. } ~.~:.a. ~.~). ..... 19.C-./ S~rn to before me this ........ ,..? ..... .... .... ~ ;~.~ ~.. ~ . . . LEGAL N~OTICE NOTICE OF HEARING ~O~CE IS ~Y GIVEN ~ ~t p~s~nt 4o Sectlon 2~ of the ~ T~ ~, p~bl~c hea~ng will be ~eld ~ ~ S~utho.~d Town Plan-~ ~ B~d ~t the T~ Of~ice,~ ~ ~d, S~u~d, Ne~ York, ~ ~id ~ on ~e llth day ~f A~fl, 1~'7, at 7:30 o'~k In ~e~ ev~ of ~d ~y on ~e ques-{ tl~ of ~pp~ of ~ fo~g' Pl'~t o~ pr~erty ~d by Bi~ch~ ProeMs, ~c., e~GUed ~ap of ~lrch Hil~ .at C~$e, comist- l~ of a ~a~e~ of I~ of 11.126 ~es, ~t~a:bed at C~o~, in ~ T~ of ~tho~d, Suffolk County, New York, and bounded ~nd d~d ~ foHows: B~ at a on ~he ~r~ l~e of D~k ~ ~d, 2638 feet~ n~rly ~_s~d ~uth- z~O ~0~ I~IO Io ~'lq~aua~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: · · .'~/,- ~ ~-,';': -b'%'./.% .'~-~. - .d .... i .~ :. ~.-.-;-... ~mg duly Sworn, says that ...J~?~/.. is Printer and Publishe~ ~f the SUPPOLK WEEKLY TIMES, a newspaper pubiish~ ,at Greenport, in ~aid county; and that the notice, ,of which the annexe~ is ~ printe~ copy, Kas been published in t'he fluid Suffolk Week~ Times in each wee~, for ...... ~. ~y; ............... wee~ suc~ssively oommencing on the . .i.z,.,, ~: 7 ' ;~t ~ .q ~ ~-~. d~y ,of . . ..,'. //. 4~ .~, C~.ft. ...... 19(:~. S~arn to bolo,re me this .? ........... ';.~ .......... , ...... ~r .... . ...... 276 of the Torn Law, ~l~c h~g ~1 ~ held ~e Sou~old bn Pl~ ~d at ~e bn Offlee, ~in ~d, ~old, ~ York, ~n oa~d bn on ~e ll~ ~y of AprXX, X~T, i~ 7s30 0'C1~ Xn ~e Plat Of property owned by B~r~h I~opertXes, Xnc., a ~rcel of lnd of ~.~26 ac~s, sLt~d at Cut~, Xn ~e bn of ~u~old. 8uffo~ C~nty. I~ Y~, and ~un~d ~d ~ocr~d u i~ at a ~t on ~e s~ne~r~y 11~ of ~ ~nd ~ad, 2638 f~t nor~s~rly alo~ aald sou~ea~rly ~t~ fr~ Oreg~ saXd ~Xnt of ~X~ ~X~ ~e not.taUtly ~nn~ ~n~ a~o~ sa~d lnd of 8. 52° 280 20' W.- ~.S0 f~t ~o a ~nt and lnd of ~le~r ~en~ al~ oa~d l~d of ~LO~t, E. 37° 33* 40" W.- LOL6 bt, or less. to or~ hl~ ~a~z ~k of ~g ~sl~d ~und~ ~ce nor~o~t~ly along h~ waUr ~k, 495 f~t, ~ or leos, to X~d of V~nt~ ~n~ ilo~ enid l~d of Vincent, S. 39° 000 B.- 727 bt ~re or l~a. to a Legal uo~lce Page --2-- monument on ~he northwesterly line of saidDU~k Pond~ ~hence along oaid nor~h~ea~erly line, $. 33® 04* 00s W.-26.0$ feet to said oou~weeterlM line of saidDuc~c ~ond Road~ ~hence along said southwea~erlM line, S. 39° 00' B.- 209.82 feet to the poitt ~f beginling. An~ person des Xzhg to be heard on ~he above proposed subdivision ehould appear a~ the time and pla~e above epecl£isd. DATBDs MaJ~H 7, 1967, BY OJUIit OF ~iB SOCPIHC~D TOW~ PLABMZMg BOARD Copie8 mailed ~o the following on 0larch 20. Long XaX~d ~aveXer~X~u~ Wa~ 1967t VAN TUYL & ~ON Narch 13, 1967 DESCRIPTION: Birch Hills at Cutchogue Beginning at a monument on the southwesterly line of Duck Pond. Road, 2638 feet northwesterly along said southwesterly line from Oregon Road, said point of beginning being the north- easterly corner of land of Xrupski; from~id point of beginning running along said land of Xrupski, S. 52~ 28' 20" W. - 488.50 feet to a monument ~nd land of Domaleski; thence along said land of Domaleski, N. 37v 33' 40" W. - 1016 feet, more or less, to ordinary high water mark of Long Island Sound; thence northeasterly along said high water mark, 495 feet, more or les~, to land of Vincent; thence along said land of Vincent, S. 39~ 00' E. - 727 feet more or less, to a monument on the northwesterly line of said ~uck Pond Road; thence along said northwesterly line, S. 33~ 04' 00" W. - 26.05 feet to said southwesterly line of said ~uck Pond Road; thence along said southwesterly line, S~ 39 00' E. - 209.82 feet to the point of beginning. Containing 11.126 acres. VA~ TUYL & SON JSS/mg To: Southold Town Planning Board Mr. Samuel L. Grimes, Attorney Smithtownt L.I.~ N.Y. Feburary 23, 1967 Dear Sir; Enclosed please find a Town receipt for the $110.00 fee due on Birch Properties Inc.~ application for subdivision. The Planning Board will set a final hearing date at their next meeting ahd will advise you of it at that time. Yours truly , Building Inspector ~ ~AMUEL I~. ~I~IMES ATTOF~NEY AT LAW DOST OFFICE BOX 545 · SMITHTOWN~NEW YO~K tl787 February 21, 1967 Mr. Howard Terry Town of Southold Office of Building Inspector Town Clerk's Office Southold, New York Dear b~r. Terry: Referring to your letter to me dated February 15, 1967, I am enclosing herewith Birch Properties, Inc. Check No. 506 for $110.00, payable to the Town of Southold, representing the required fees for the pro- posed Map of Birch Hills at Cutchogue. [~e appreciate so much your assistance in this matter. Sinc~ely yours, SLG:dh Encl. ~4r. Samuel L. GrimesI Attorney 501 Hauppau~e Road (LLI) · qmithtownt N.Y. Feburary 15, 1967 Dear SirS .. The Town Cler~ has forwarded your application A/C Birch propertmes AnC subdivismon to the Planning Board. I am returning your check of $ 29.00 as the correct total fee3are $ 110.00 in all. The Planning Board is prepared to set a final hearing on this application at their next meetingl March ~th~ upon the receipt of the correct fees, Yours truly Building Inspector. ,~AMUEL L. GRIMES February 10, 1967 Town Clerk Town Hall Town of Southold Main Road Southold, New York Dear Sir: I am enclosing two counterparts of Application for Approval of Plat of Birch Properties, Inc. for consideration at the meeting of the Planning Board on February 1S. My client's check in the amount of $29.00 is also enclosed. If the amount of this check is incorrect, I would be most grateful for your call to me collect for the information that I will need to get a check in the correct amount to you in time for the February iS meeting. Respectfully yours, SLG:dh Encls. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) ~(fllal~5 approval of a subdivision plat ih 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 sald land under application.) 2. The name of the subdivision is to be...~".~..P...0.~..B..I.R..C.H...14;I..L.L..S..,.R.T...C.U..T.C..H.0.~.U.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: Liber .......... $.~ 6B. ........ Page Liber ........................ Page Liber ........................ Page Liber ........................ Page ....................... On ....................... ; Liber ........................ Page ....................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is .... 11,1.26 ........ acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ :1,966-67 taxes 7. The land is encumbered by olle mortgage (s) as follows: (a) Mortgage recorded in Liber ....4.9.~.3 ...... Page ....... 1..8.9. ..... in original amount of $..4.7.,.9.~.5.,.0.0.. unpaid amount,. .4. .9.2. s.,.q9.... held by ALTItA So ..... ~.0. I~ ~.L.: ............... address . .2.1..8...C,.r. ~.f.f..i.n.g...Axe.:. ,..R. ~.v..e.r.l)~.a..d.~.. ? :.Y. :... (b) Mortgage recorded in Liber .............. Page ................ in original amount of ................ unpaid amount $ .................. held by ......................... ........................... address ..................................................... (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 except .... N...Q..N...E. ............ 9. The land lies in the following zoning use districts ....R.e..s.i..d.c..n.t.~..a. 1...-...A. ............... 10. No part of the Iand lies under water whether tide water, stream, pond water or otherwise, ex- NONE cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The laud (XR~) (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...0...N.. ~. ............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .I,.o..rig..I.s..1.a..n.d...I,.i. gb...t.]:..n.g..C.o..m~..a.n.y. ..................................... and (a) (no) charge xviI1 be made for installing said lines. 15. Gas mains will be installed by ..... .N..(]...N..E. ............................................ and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $[[.3,,.0.0.0.. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at....~tlT, el~ .... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name.~o.f~plicant) , (Signature and/Title) Secretary :---~ P. 0. Box 178 ..... .}! .a.u. pp..a.u.g.e. ~..N..e.w...Y.o.r.k. ............... (Address) STATE OF NEW YORK, COUNTY OF ............................... ss: On the ................ day of .......................... , 19 ...... , before me personally came ............................................ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ... SiIFF. 0LK ................... ss: On the...~.~.~. ?.~. ~ ....... day ............ of ..~..~...~.. ~. .... 19..6..7.-, before me personally came Samuel L. Grimes .............................................. to me known, who being by me duly sworn did de- pose and say that ... Ik~ ...... resides at No..1.8..D..a.r.?.e. 1..1...S.t..?.e.e..t.~..E.-.a.s..t..N..o.r..t.h.p.o.r.t., .... · Nel~.. Y.o rk ................................... that ....... .h.e. .......... is the .......... .Sec. re.tar¥ ...... of . B. IRCK I?~;0P.I~KT.I~.S~ I.n..c.~ ..................................... the corporation described in and which executed the foregoing instrument; that . ....... he ..... .knows the seal of said corporation; that the seal affixed by order of the board of directors of ~r, at~' ~%orpR~t~,n.jR and that .. lie ...... signed .... h.J. $. . '~ Noting, Public, Stale c~ New York ....... name thereto/by like orde~r,.~ Iqo 52-2994150 .................... ? ........... S~andatd N. Y. B. T.U. Form 8007 * 8-65-20M-- Bargain znd Sale Deed, with Covenant against Grantot's Acts-Individual or Corporation. (:ONSULT YOUR LA--ER BElt sIGNING THIS.INSTRUMENT--THIS INSTRUCT SHOULD BE USED BY LAWYERS O~ILY. SCHEDULE D to Application for Approval of Plat TH~INDEIqTIJRE, made ~e ~yof ,~netecnhundr~ ~d sixty seven ,BIRCH PROPERTIES, INC., a New York corporation having its principal office at 501 Route lll, Hauppauge, New York, party o~ the first part, and party of the second part, ~t[l-Ng.qSgl'l~ that the party of the first part, in consideration of lawful money of the United States, -TEN- dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot No. on a certain map entitled "Map of Birch Hills ak Cutchogue, Town of Southold, Sufffolk County, N. Y.", and filed in the Office of the Clerk of the County of Suffolk on , 1967 as Map No. . SUBJECT to Covenants and Restrictions as set forth in Schedule A hereto, SCHEDULE A DECLARATION OF COVENANTS AND RESTRICTIONS BY BIRCH PROPERTIES, INC. DECLAIL~TION made as of this day of , 1967 i~[~::Ci~ PROPERTIES, INC., a domestic corporation having its incJpal office at S01 Route 111, Hauppauge, New York, hereinafter the Declarant. WHEREAS, the Declarant is the owner in fee simple of the ]lo~;ing described premises: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by lot numbers 1 to 16, inclusive, on a certain map entitled "~.{ap of Birch Hills at Cutchogue, Town of Southotd, Suffolk County, N. Y.", and filed in the Office of the Clerk of the County of Suffolk on , 1967, as ~ap No. WHEREAS, Declarant desires to impose covenants and restric- on the use of said lots as follows: NOW, TIIEREFORE, it is declared that said premises shall be ~;ubject to the following covenants and restrictions which shall with the land: 1. No lot shall be improved by or have placed or maintained ~]~reon any structure other than a single family dwelling containing afgregate finished habitable floor area of less than twelve hundred ~:~uare feet (exclusive of attached garages, carports, open porches, breezeways, cellars and basements), provided, however, that a ~c-c~lted ranch type dwelling need not contain more than one thousand ~ {aero fcet of habitable floor area if all such area is on one floor , ~ick is above grade. No structure shall be erected on any lot until building plans therefor have been approved in writing by the ]]eclarant. 2. No asbestos siding shall be used in the construction of .... ~Y d%~;elling on any lot. 3. There shall not be placed or maintained on any lot, except citl~ the approval of the Declarant, (a) any wall, (b) any fence other t!~an a split-rail fence, (c) any sign other than an ornamental name and house nut. her sign and one professional sign measuring not more than one square foot, or (d) any exposed clothes line or pole or , television aerial. 4. No lot shall be used or maintain as a dumping ground for ~buish. Trash, garbage and other waste shall be kept in sanitary c~ntainers. 5. No noxious or offensive activity shall be carried on upon .y lot, nor shall anything be done on any lot which may become an ~%o/ance or nuisance to the neighborhood. $. ~o well or other individual water supply system or any ~dividual sewage disposal system shall be permitted on any lot unless ~prc~ved as to design, location and construction by the Suffolk County ~artment of Health or such other State, County~ Town or Village ~hority l~aving jurisdiction over public health. Y. All owners of lots, their guests and invitees, are here0y ranted an easement for the purpose of ingress and egress, in common : ith othcrs, at their own risk, over the roads shown on said maps. $. The Declarant reserves the fee title to the bed of the .a<~.~ shown on said map~ together with the fee title to any and all ~:~= ....~oe and park areas thereon shown, and the Declarant shall have right to dedicate said roads and drainage and park areas to the own of Smithtown without the consent of the owner of any lot or of ' e kolder of any lien thereon or any interest therein. All such ~ ~ners, lienholders and ihterest holders shall execute, if requested, ry and all instruments necessary to effect such dedication purposes. ~]~is reservation of fee title shall terminate upon acceptance of '¢dication by municipal authorities. 9. An easement along the roads on said maps and over any other ~rea necessary is hereby expressly reserved for the erection and main- ~enance of poles and wires and conduits and of all proper and necessary a!~tachments for electric power and telephone service and for the construction and maintenance of any utility easements; provided, kowever, that said easements shall be over areas designated by municipal er public utility authorities. 10. Enforcement of these covenants shall be by proceeding at taw or in equity. Invalidation of any provision herein shall have no ,,:~fect upon any other provision hergin. 11. These covenants shall remain in force and effect until January 1, 1981. Any rights of the Declarant shall remain in full force and effect until such time as the premises reserved by it are transferred to an association of property owners, at which time such association shall succeed to the rights of the Declarant. 12. The Declarant, its successors and assigns, hereby reserves the right to alter, modify~ terminate or annul any of these covenants in whole or in part without the consent of any person. IN WITNESS I?HEREOF, the Declarant has duly executed this Declaration the day and year first above written. BIRCH PROPERTIES, INC. By APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) ~X) approval of a subdivision plat in accordance with Article 16 of the To~vn 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, tbe applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be.. }?A..P...O.F...B..I.R.C..}t..}.t.I..L.L..S..A..T...C.U..T.C.H..O.q~J.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: Liber .......... $ .q. 6 8 ......... Page ........ ~3.0 1 ........... On . .JUn ¢.. 6.~.. J.9 6.0 .... ; Liber ........................ Page ....................... On ....................... ; Liber ........................ Page ....................... On ....................... ; Liber ........................ Page ....................... On ....................... ; Liber ........................ Page ....................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is .... 11...12.6 ........ acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ ......... ................................................................... 7.The land is encumbered by ...9.~..e ...................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber . ..4.9.5..-3 ...... Page ...... .1.8..9 ...... in original amount of $ .4..7., .9.2. ~.o.{~.0... unpaid amount $. ~.7.., .9. 2. .~.: 9.0. .... held by ....A.~.T. !!A...S... ........... .... ~!Q.L.L..I5 ................ address .2. .1.8...~ .r.i.f. :[.5...n.g..A.¥?....,...R.i.¥.e..r.h.e..a.d. ,...No..Y.o .... (b) Mortgage recorded in Liber .............. Page ................ in original amount of ................ unpaid amount $ .................. held by ......................... ........................... address ..................................................... (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 except .... N..0..N. J5 ............ 9. The land lies in the following zoning use districts .... lte_qicle~t J_al...-..i ............... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept .... .lq...0...N..t.i ............................................ 11. The applicant shall at his expense install all required public improvements. 12. The land (J~t[~) (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..0.2i..E ............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . Lon. g..Island..Li.gi~.ting..CoJ~pRny. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ..... N. ~ .N .E. ........................................... and (a) (no) charge will be made for installing said mains. 16. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. I9. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $1.1,11011. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at...t.~rlle .... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name %f.~l~licant) (Signature arid Title) Secretary P. O. Box 178 ..... .1 j 0.tlpp.~¢. g.e.,..N.~...Y.o..r.k. ............... (Address) STATE OF NEW YORK, COUNTY OF ............................... ss: On the ................ day of .......................... , 19 ...... , before me personally came ............................................ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF . .. $1J F.~/OLK ................... ss: On the.....~.~.~..~...~. ..... day~...~..d .... of ............... 19..67., before me personally came ........ S..aj~..ti?..1..It:' .9.1[ .~.m.o. ?. ............... to me known, who being by me duly sworn did de- pose and say that . .. he ...... resides at No. J.g..Da.rr.ell. $.l;r.e0.~ ,..[!0.5..t..S.o.r.t. lm.o.r.t., .... · lqelg..Y, ol'.k ................................... that ......... h0 .............. is the .......... · 5ecrotgr¥ ...... of ... g IRCH. PJ10P. ERT.I. ES.,..l~r~g. ..................................... the corporation described in and which executed the foregoing instrument; that ....h..~ ........ knows the seal of said corporation; that the seal affixed by order of the board of director~j~d~pffa~l~.n. and that ..... .he ...... signed .... ~i$ ..... l~otary Public, Sta!e ~.i ixYw York name theret~ by like order. .~-~ No 5~ 279,4150 Notary Public $ andard N ..... Y B T U Form 8007 * 8-6~-20M-- Bargain and 5ale D~d, with Covenant against Grantoz'a Acts-Individual or Corporation. CONSULT YOUR LAWYER BElU~ SIGNING THIS.INSTRUMENT--THIS INSTRUCT SHOULD BE USED BY LAWYERS ONLY. SCHEDULE D to Application for Approval of Plat THI~ INDENTURE, made the BETWEEN BIRCH PROPERTIES, its principal office at 501 Route York, my oi . ~neteen hundr~ and sixty seven INC., a New York corporation having lll, Hauppauge, New party of the first part, and party of the second part, ~TNF..~bKI'I~, that the party of the first part, in consideration -TEN- dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the ,party of the second part, the heirs or successors and assigns of the party of the second part forever, AI~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot No. on a certain map entitled "Map of Birch Hills at Cutchogue, Town of Southold, Suffolk County, N. Y.", and filed in the Office of the Clerk of the County of Suffolk on 1967 as Map No. . SUBJECT to Covenants and Restrictions as set forth in Schedule A hereto, SCHEDULE A DECLARATION OF COVENANTS AND RESTRICTIONS BY BIRCH PROPERTIES, INC. DECLAIb\TION made as of this day of , 1967 oI~.C., PROPERTIES, INC., a domestic corporation having its :'J.ncipal office at S01 Route 111, Hauppauge, New York, hereinafter leu the Declarant. WHEREAS, the Declarant is the owner in fee simple of the fcllowing described premises: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by lot numbers 1 to 16, inclusive, on a certain map entitled "Map of Birch Hills at Cutchogue, Town of Southold, Suffolk County, N. Y.", and filed in the Office of the Clerk of the County of Suffolk on , 1967, as Map No. WHEREAS, Declarant desires to impose covenants and restric- tions on the use of said lots as follows: NOW, TIIEREFORE, it is declared that said premises shall be subject to the following covenants and restrictions which shall run with the land: 1. No lot shall be improved by or have placed or maintained 2~rcon any structure other than a single family dwelling containing ~ aggregate finished habitable floor area of less than twelve hundred ~;quare feet (exclusive of attached garages, carports, open porches, c~en breezeways, cellars and basements), provided, however, that a ~e-called ranch type dwelling need not contain more than one thousand ~quare feet of habitable floor area if all such area is on one floor ~,q~ich is above grade. No structure shall be erected on any lot until ~he building plans therefor have been approved in writing by the Declarant. 2. No asbestos siding shall be used in the construction of any dwelling on any lot. 3. There shall not be placed or maintained on any lot, except ..~ith the approval of the Declarant, (a) any wall, (b) any fence other than a split-rail fence, (c) any sign other than an ornamental name anc house number sign and one professional sign measuring not more ~han one square foot, or (d) any exposed clothes line or pole or , tclevision aerial. 4. No lot shall be used or maintain as a dumpin.g ground for ~oo~sh. Trash, garbage and other waste shall be kept ~n sanitary ucntainers. 5. No noxious or offensive activity shall be carried on u~on any lot, nor shall anything be done on any lot which may become a~ a~noyance or nuisance to the neighborhood. 6. No well or other individual water supply system or any i~dividual sewage disposal system shall be permitted on any lot unless ~q?roved as to design, location and construction by the Suffolk County ]>epartment of Health or such other State, County, Town or Village authority having jurisdiction over public health. 7. All owners of lots, their guests and invitees, are heresy granted an easement for the purpose of ingress and egress, in common ~ith others, at their o~.m risk, over the roads shown on said maps. 8. The Declarant reserves the fee title to thc bed of the reads shown on said maps together with the fee title to any and all d~'ainage and park areas thereon shown, and the Declarant shall have abc right to dedicate said roads and drainage and park areas to the 'iewn of Smithtown without the consent of the owner of any lot or of ake ]holder of any lien thereon or any interest therein. All such c~cners, lienholders and ihterest holders shall execute, if requested, airy and all instruments necessary to effect such dedication purposes. 'fkis reservation of fee title shall terminate upon acceptance of dedication by municipal authorities. 9. An easement along the roads on said maps and over any other zzrea necessary is hereby expressly reserved for the erection and main- tenance of poles and wires and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utility easements; provided, !~owever, that said easements shall be over areas designated by municipal cr public utility authorities. 10. Enforcement of these covenants shall be by proceeding at law or in equity. Invalidation of any provision herein shall have no effect upon any other provision herein. 11. These covenants shall remain in force and effect until 3anuary 1, 1981. Any rights of the Declarant shall remain in full ~orce and effect until such time as the premises reserved by it are transferred to an association of property owners, at which time such association shall succeed to the rights of the Declarant. 12. The Declarant, its successors and assigns, hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any person. IN ~ITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. BIRCH PROPERTIES, INC. By LAWRENCE M. 'I'U'I'HILL He: ~Jil'ch [~i[ls at Cuteho~ue as fOllO~ ~ Land clearing ~ 5~0.00 Rough grading 3(~ cy Fine grading 1,~O0 If Surfacing 1,300 If ~ '~ 4.00/lf 5,200,00 teaching basins 4 ,: .~,~ 1,2 C, ea. ~800.O0 In©rea~e eests over 3 ye~' per~od 1,Ol~.O~ Ads'mis tratAve costa _ '~ 13,OO0 O0 ~ reco,,~nd a bond of i~ec tifull~. ~ub~ttted, RAYMOND C. DEAN eUPERINTENDENT October 19, 1966 TEL.?65-3t40 The Planning Board Town of Southold Southold, New York Gentlemen: I have inspected the map and approve the lay~out of the proposed road(s) at BI~CH HI~LS, Cutchogue, New York. ~--~ ' / RAYMOND C. DEAN, RCD:a / Sup't. of Highways ...... , ..... ~ T:k~ 4-b!- ~-r~~ I = -- ~,-~--: ,,~ ,4---~J :, ,¢_ , ~ : ~ r :~.j_ I=. _~,a . ~ - ' ~ ...... I -~ -- -'. ~ ..... . - {:, ,, :--- , J: ,. - It , t l' ' ' ,H /_:.1 ~L..A ht OF: $cdJe.: I00'--I"