HomeMy WebLinkAbout1000-86.-1-35. F, OME~TON EST.
5,$3°43'OO E.
VAN TUYL~ 50iN
822,61
WM. 5TO~ES
o I II
OF -~OUTHOLD
'D
rd'AP
OF
P WYLLI
' P.P..O PEiP,.T Y
6 C, ,,ATAL ANO
. PECOa~,C,
. . : ~,_. i~,.,,' ,
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
January 21, 1983
Mr. John E. Gillies
Stern & Gillies
320 Conklin Street
Farmingdale, New York
11735
Re: Andrew & Phyllis Catalano
Set-Off
Dear Mr. Gillies:
The following actions were taken by the Southold Town Planning
Board, Monday, January 10, 1983.
RESOLVED that the Southold Town Planning Board declare itself lead
agency in regard to the State Environmental Quality Review Act in
the matter of the minor subdivision of Andrew & Phyllis Catalano,
located at Peconic. An initial determination of nonsignificance
has been made.
RESOLVED that the Southold Town Planning Board approve a set-off
(106-13) as designated on the map of Andrew & Phyllis Catalano,
dated June 19, 1970 and amended January 5, 1983, subject to receipt
of a copy of filed and recorded covenants stating no further sub-
division will be made on the parcel containing 3.7 acres in the
future.
Enclosed please find your check #1477 in the amount of $25. Please
forward a check in the amount of $50 for the filing of this set-off.
Upon receipt of the filing fee, a copy of the filed and recorded
covenants and completion of the State Environmental Quality Review
Act, the Chairman will endorse approval on said maps; two copies
will be returned to your office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enc. Check #1477
By Susan E. Long,
Secretary
DECLARATION OF COVENANTS
AND
RESTRICTIONS
THIS INDENTURE made this 5TH
1983, by ANDREW CATALAN0 AND PHYI,LIS CATALAN0,
day of january,
HT~,7 WIFE, both
residing at 39945 Main Road, Peconic, Town of Southold, Suffolk
County, New York, hereinafter called the DeclaranT,
WHEREAS, the Declarant, owner in fee simple of
a certain parcel of land situate at Peconic, Town of Southold,
Suffolk County, New York, and designated on the Suffolk County
Tax Map as District 1000 Section 86, Block 1, Lot 3, containing
approximately 28.3 acres, being the same premises acquired by
the Declarant by deed dated October 1, 1972 and recorded in
the Suffolk County Clerk's Office on November 1, 1972 in Liber
7274 of deeds at page 45 and by deed dated July 5, 1978, recorded
in the 0ffioe of the Clerk of Suffolk County in Liber 8463 of
deeds at page 561 on July 19, 1978~ and referred to herein as
the "premises" and
WHEREAS, Declarant has heretofore applied to the
Planning Board of the Town of Southold, to have a c~rtaln
portion of said premises "set off", said portion hereinafter
described, comprising 3.770 acres and in connection with
said "set off" desires to subject said premises so "~et off"
to certain eonditions~ covenants and restrictions~ in order
to preserve the maximum open space~ natural scenic beauty
and natural vegetation and to conserve the ground water
resources of the Town of Southold and
WHEREAS, the Planning Board of the Town of Southold
has indicated its approval of said "set off", provided the
covenants and conditions hereinafter to be referred to be
imposed against said premises so "set off",
NOW, THEREFORE~ the Declarant do~s hereby declare
that the premises hereinafter described is hereby heU~ and
shall De conveyed subject to the conditions, covenants and
restrictions hereinafter set forth, and, that every punchase~
of said premises, or any portion thereof, by the acceptance
of a deed thereto, covenants and agrees that thepremises so
purchased shall be held subject to the covenants, conditions,
and restrictions hereinafter set forth.
1. That said premises so "set off" and hereinafter
described shall not be further sub-divided.
2. That the within covenant shall be construed
as a real covenant running with the land and shall continue
and remain in full force and effect at all times as against
the owner of the premises or any portion thereof and shall be
binding upon and enure to the benefit and be enforceable by
the Declarant, their heirs, successors and assigns; a~d the
Town of Southold, its successors and assigns and the failure
of any of the foregoing to enforce such covenant shall in no
event be deemed a waiver of the right to do so thereafter.
That the foregoing covenant may be modified and/or
altered by Deolarent, their heirs, successors and/or assigns~
following written authorization therefore by the Planning
Board of the Town of Southold without the necessity of securing
the consent and/or approval of any other owner of the real
property or portion thereof hereinafter described.
The premises "set off" and which are the subject
of the within covenant are bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate,
lying and being at Peconic in the Town of Soutl~id, County
of Suffolk and Stake of New York, more particularly bounded
and described as follows:
BEGINNING at a point on the northwesterly side of Mmin Road,
distant, 764.35 feet southwesterly from hhe ee~ner formed by
the intersection of the northwesterly side of Main Road with
the southwesterly side of Peconic Lane; running thence south
4~ degrees 26 minutes ~0 seconds west along the northwesterly
side of Main Road, 167. 78 feet; running thence north ~3 degrees
31 minutes 20 seconds west, §96.72 feet; running thence north
56 degrees 28 minutes 40 seconds east, 166.47 feet to
land now or formerly of the Town of Southold; running thenoe
along said lastmentioned land, south $~ degrees ~1 minutes
20 seconds east, 976.19 feet to the northwesterly side of
Main Road, the point or place of beginning.
The above described premises are designated on the Suffolk
County Tax Map as District 1000 Seotion 86, Block 1, Part
of Lot 3.
IN WITNESS WHEREOF, this indenture has been executed
the day and year first above written.
ANDREW CATALANO
ANDREW CATALANO
PHYLLIS CATALANO
PHYLLIS CATALANO
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On the 4TH day of January, 1983, before me personally
came, ANDREW CATALAN0 AND PHYLLIS CATALANO, to me known to
me to be the individuals described in and who executed
the foregoing instz~ument, and acknowledged that Lhey executed
the same.
ANTOINETTE BERKOSKI
NOTARY PUBLIC
STATE OF NEW YORK
No. ~2-45007§6
Qualified in Suffolk ~ounty
Commission Expires March 30, 1983.
RES'ix LOTIONS
THIS INDENTURP, made this L~T~t day of
1983~ hy ANI)R~W CATALANO AND P~i~LLIS CATALANO, HT~ WIFE~
residing at 3gg~lS Hain Road~ Peconic~ Town of SouhhoLd, S~f~olk
Ceuntly~ New Yopk~ hereinarker called hhe Dnclarant~
WNhRJiAS~ tNe Declaranh~ ownep in fee simple of
a certa{n parce] of land situate at Peoonic~ Town of Southold,
Suffolk Oounty~ New York~ and designahed on the Suffolk County
Tax Map as Dist:.,ict t000 Section 88~ Block ], I,oh 3, containing
approximately 28.3 acres, being the same premises acquir.~d by
the Declarant by deed dated October 1~ 1972 and recorded in
the Suffolk County Clerk's Office on November 1, 1972 in LibeP
727~ of deeds at page ~5 and by deed dated July 5~ 1978, recorded
in the Office of the Clerk of Suffolk County in Libar 8~68 of
deeds at page 861 on July 19~ 1978~ and referred to herein as
the "premises" and
WHEREAS~ Declarant has heretofore applied to the
Planning Board of the Town of Southold~ to have a certain
portion of said premises ,,set off,,, said portion hereinafter
described~ comprising 8.170 acres and in connection with
said "set off" desires to subject said premises so "set off"
to ~ertain conditions, coven~ts and restrictions, in order
to preserve the maxim~ open space, natural scenic beauty
and natural vesetation and to eon~erve the ground water
resources o~ the Town of Southold and
WHEREAS, the Planning Board o~ the Town of Southold
hh~ the ppem:[ses hePeinaftcp described is hereby held end
sr~dl_, be conveyed subjec~ ~o hhe cenditions~ covenants timid
reshrichions hepeSnafter_ set forth, and, that every p~r..[,aoer,' ,.. -, o
of sa{d premises, oP any poP{ion thepeof~ by the acceptaace
mi a deed thePeto~ covenants and agrees hhat theppemises so
purchased shall be held subject to the covenants, condikions,
and restrictions hereinafter set forth.
1. That said premises so "set off" and hereinafter
described shall not be further sub-divided.
2. That the within covenant shall be constp~ed
as a real covenant running with the land and shall continue
and remain in full force and effect at all times as against
the owner of the premises oP any portion thereof and shall be
binding upon and enure to the benefit and be enforceable by
the Deelarant~ their heiPs~ successors and assigns; end the
Town of Southold, its successors and assigns and the failure
of any of the foregoing to enforce such covenant shall in no
event be deemed a waiver of the right to do so thereafter.
That the foregoing covenant may be modified and/or
al~e~ed by Declarent~ their heiPs~ successors and/or assigns~
following writte~ authorization therefore by the Planning
Board of the Town of Southold without the necessity of securing
the consent and~oP approval of any other owner of the real
property om poPtlo~ thereof hereinafter described.
The premises "set off" and which are the s~bj~ct
of the within covenant are bounded and described as £ol]ows:
ALL that certain plot, piece or parcel of land, situate,
lying and being at Peconic in the Town of SoutNold~ Co~lnty
of Suffolk a~d State of }Iaw York, more particularly bounded
and described as £ollows:
BE/~INWlMG at a point on the northwesterly side of Main Road~
distant, 764.35 feet southwesterly from the corner formed by
the intersection of the northwesterly side of Main Read with
the southwesterly side of Peconic Lane; running !h~n3~ ~uth
49 degrees 26 minutes 50 seconds west along the n~rthwes+erly
side o~ Mnin Road, 167.73 feet; running thence north 33 uag~c~
3~ lainukes 20 seconds west, 996.72 feet; ~unn]ng the:~as
north 56 degrees 28 minutes 40 seconds east, 166.1~7 feet to
land now or formerly of theTown of Southold; ru~ning thence
along said lastmentioned land, south 33 degrees 31 minutes
20 seconds east, 976.19 feet to the northwesterly side of
Main Road, the point or place of beginning.
The above described
County Tax Map as
of Lot 3.
premises are designated on the Suifolk
District 1000 Section 86, Block 1, Part
STATE OF NEW YORK I ss.:
County of Suffolk
I, ARTHUR J. FELICE, Clerk of the County of Suffolk and Clerk of the Supreme
Court of the State of New York in and for said County (said Court being a Coq~rt of
Record) ~0 HERESY CERTIFY that I have compared thg annexed copy of ~
anh~hat it is a just and true copy of such original /OL(~W ~-~ an(Y
of the whole thereof.
TESTIMONY WHEREff~, I have hereunte set my hand and affixed.the seal ~.~'
~tyandCourtthis ~ , dayof~J~. ~ ~,~ ~ ,4 *
COUNi'Y OF SUFFOLK ) SS:
On the ,~ day of Januapy~
came, A~{DR~ CATALANO AND PHYLLIS
1983, befere me personally
CATAI,ANO, to me known to
re ho be the individuals described in and who
the ioregoing instrument, and acknowledged that they executed
the same.
NOTARY PUBLIC -~
THIS AGPOEE,~ENT, made this ~ ~ day of
teen Hundred and Ninety-One;
· Nine-
BETWEEN
B & J REALTY, a co-partnership, c/o John E. Gillies,
320 Conklin Street, Farmingdale, New York 11735, hereinafter
described as the SELLER,
and the COUNTY OF SUFFOLK, a municipal corporation,
its principal offices at County Center, Riverhead, New York,
after described as the PURCHASER,
having
herein-
WITNESSETH, that the SELLER agrees to sell and convey· and
the PURCHASER agrees to purchase· as authorized by the Suffolk
~°un~T_L?~al Law.~o. l~.of 1981, and in accordance with Resolution
/No. ~-1989. of:the Su::olk County Legislature, all on file w~'th the
~,,~0~/~lerk of the Suffolk County Legislature, the Development Rights· as
hereinafter. ,defined'. in all.that certain plot, piece or parcel of
land, sltuaue, lying and being in the Town of Southold, Count
~ ~'~}. ,Suffolk and State of New York, more particularly bounded and y of
..~/~t/.d.~cr!bed- as ~et forth in the description annexed hereto as-Exhibit
G~ , ~ax Map No. 1000-086-01~03.2, known as SHO-740.
1. ' ~/~
' Development. Rights, as authorized by ~2~7 of the New
York State General Municipal Law, as amended, shall mean the perman-
ent legal interest and right to permit, require or restrict the use
of the premises exclusively for agricultural production as that term
is defined in Local Law 16-1981 of the County of Suffolk, and the
right to preserve open space as that term is defined in ~247 of the
General Municioal Law as amended, and the right to prohibit or
restrict the u~e of the premises for any purposes other than
O9~-°OoL. agricultural production or to subdivide same. By the sale of such
development rights and interest, the SELLER shall be deemed to have
covenanted and agreed that the SELLER, and the heirs, legal
representatives, successors and assigns of the SELLER, shall only
use the premises on and after the date of delivery of the instrument
of conveyance to the County of Suffolk for the purpose of such
agricultural production. Such covenant shall run with the land in
perpetuity. The provisions of this paragraph shall survive the
delivery of the instrument of conveyance.
2. The sELLER acknowledges that by the terms of this
contract and the declarations in the deed, that it has been informed
that neither the SELLER, nor his heirs, successors in interest,
successors in title or assignees shall be permitted to remove soil
from the property to be covered by these development rights. The
representation is intended to also serve as a covenant running
forever with the land in perpetuity and the provisions of this
paragraph shall survive the delivery of this conveyance.
- 1 -
ECO DED
JUN 20 1991
~w~o ~,. ~,"2~E"
OLEflK OF SL.~FF-.O~ ~
11283P 0'31
DESCRIPTION OF PROPERTY
ALL that certain plot, piece or parcel of land situate,
lying and being in the unincorporated community of Peconic, Town of
Southold, County of Suffolk, New York, being tax map No. 1000-086-
01-003.2, hereinafter described as follows:
The property is situated on the north side of
Main Road, 934 feet west of Peconic Lane, in the
unincorporated community of Peconic, TOWT1 of
Southold, New York.
and as is shown on tax map attached hereto as Exhibit "H".
It is understood and agreed that the description in
this Exhibit is for the purpose of the contract only, and that
a final description for conveyance purposes shall be a more
particular description to be determined by means of the surveys
required under the contract aforesaid to which this Exhibit is
hereby appended.
EXHIBIT "G"
RECORDED
STERN & GILLIES
ATTORNEY8 AT LAW
JOt~; E pH STEF~N
JOHN E GILLIES
January 31, 1983
Planning Board
Town of Southold
Suffolk County
Southold, [~ew York
11971
Attention:
Susan E. Long,
Secretary
Re:
Andrew and Phyllis Catalano
Main Road, Peconic, NY
Dear Ms. Long:
I am pleased to enclose a copy of the Certified
Declaration of Covenants and Restrictions, which have
been duly filed in the Suffolk County Clerk's Office,
effecting the "Set Off" parcel.
Please forward as soon as possible, the two copies
of the map with filed approval endorsed thereon.
Many thanks for your continued cooperation.
(.~N E. GILLIES
JEG:mtz
Enclosure
CC: Mr. Andrew Catalano
3.
4.
5.
6.
7.
10.
11.
12.
6 copies sketch receivedg~/~
spot elevations
sent to Planning Board
Meet with Planning Board
Required changes sent in writing
New submission received
Approval of sketch plan
Sent letter with resolution approving
Application and fee
If corporation, affidavit of ownership
6 copies of' final map
Covenants and restriCtlons
Description of property
Note on plat that sanitation ans water facilities
meet County Board of Health specifications
Developer attend meeting (official submission)
Public Hearing (within 45 days)
Advertised Affidavits of publication received
Action by Planning Board (within 45 days)
Sent to County Planning Commission
Received County's recommendatiDns
Filed covenants and restrictions received
Authorization and signing of map ~
HENRY E. RAYNOR, Jr., Cha~'rrnan
JAMES WALL
BENNETT ORLOWSKI,
GEORGE KITCHIE LATHAM, Jr.
WILLIAM E. MULLEN, Jr.
Southold, N.Y. I 1971
NEGATIVE DECLARATION
February 7,
1983
TELEPHONE
765-1938
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 Andrew & Phyllis Catalano, is a two-
lot subdivision located at Peconic.
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 in the allotted time
from the New York State Department of Environmental
Conservation it is assumed that there is no objection
nor comments by that agency.
The Suffolk County Department of Health Services has
stated no objection to the designation of lead agency.
A precursory review of the subdivision indicates con-
ditions are suitable for individual sewage disposal
systems; however, problems may be encountered with ob-
taining potable water due to the effects of agriculture
on the groundwater supply.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Mrs. Susan E. Long,
Secretary, $outhold Town Planning Board, Main Road, Southold, New York
11971
Copies mailed to the following:
Robert Flack, DEC Commissioner
NYS, DEC at Stony Brook
Suffolk County Dept. Health Services
Suffolk County Planning Commission
William R. Pell, III
John E. Gillies, Esq.
D
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSK[, Jr.
GEORGE RITCH1E LATHAM, Jr.
WILL~AM F. MULLEN, Jr.
Southold, N.Y. 11971
NEGATIVE DECLARATION
February 7,
1983
TELEPHONE
765-1938
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 Andrew & Phyllis Catalano, is a two-
lot subdivision located at Peconic.
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 in the allotted time
from the New York State Department of Environmental
Conservation it is assumed that there is no objection
nor comments by that agency.
The Suffolk County Department of Health Services has
stated no objection to the designation of lead agency.
A precursory review of the subdivision indicates con-
ditions are suitable for individual sewage disposal
systems; however, problems may be encountered with ob-
taining potable water due to the effects of agriculture
on the groundwater supply.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Mrs. Susan E. Long,
Secretary, $outhold Town Planning Board, Main Road~ Southold, New York
11971
Copies mailed to the following:
Robert Flack, DEC Commissioner
NYS, DEC at Stony Brook
Suffolk County Dept. Health Services
Suffolk County Planning Commission
William R. Pell, Iii
John E. Gillies, Esq.
STERN & GILLIES
January 24, 1983
Re: Catalano Set-Off
Planning Board
Town of Southold
Main Road
Southold, New York
11971
Attention: Susan Lon~, Secretary
Dear Mrs. Long:
Pursuant to your letter of January 21, I am enclosing
herewith, new check to the Town of Southold, in the sum
of $50.00, representing filing fees.
I am in the process of having the Covenants recorded
and will forward a copy of same as recorded immediately
upon receipt.
If there is any further you require, please advise.
JEG:mtz
Very truly y~4rs, ,
/
Enclosure
DEPARTMENT OF HEALTH SERVICES
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DAVID HARRIS, M.D,, M.P.H.
COMMISSIONER
January 19, 1983
JAN gA REC'D
Planning Board
Town of Southold
Southold, New York
l1971
Attention: Henry E. Raynor, Jr.
Chairman
RE:
Minor Subdivision of
Andrew & Phyllis Catalano
Peconic (.T) Southold
Dear Mr. Raynor;
We are in receipt of your letter dated January 13, 1983 regarding
the above referenced minor subdivision.
This Department has no objection to your designation of lead
agency.
A precursory review of the above referenced subdivision indicates
conditions are suitable for individual sewage disposal systems; however,
problems may be encountered with obtaining potable water due to the
effects of agriculture on the groundwater supply.
Very truly yours,
Royal R. Reynolds, P.E,
Public Health Engineer
Environmental Engineering Section
RRR:ljr
COUNTYCENTER
548-3318
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSK[, Jn
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 1 1971
TELEPHONE
765-1938
January 13, 1983
Environmental Analysis Unit
DEC, Building 40, Room 219
SUNY
Stony Brook, New York 11794
Gentlemen:
Enclosed find a completed Short Environmental Assessment Form
and a copy of the map of the minor subdivision of Andrew & Phyllis
Catalano, 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 January 28,
1983. We shall interpret lack of response to mean there is no
objection by your agency in regard to the State Environmental
Quality Review Act.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Eric .
cc:
Department
By Susan E. Long,
of Health Services
Secretary
STERN & GILLIES
ATTORNEYS AT LAW
JAN ? REC'D
January 6, 1983
Planning Board
Town of Southold
Suffolk County
Southold, N.Y. 11971
Attn: Susan E. Long
Secretary
Re:
Andrew and Phyllis Catalano
Main Road, Peconie, N.Y.
Dear Ms. Long:
The proposed "set off" has now been revised so
as to hopefully eliminate any further questions concerning
the size of the parcel being conveyed.
You will note from the amended surveys filed with
your office yesterday, that same show the frontage of the
parcel being conveyed is in excess of 200 feet.
I am enclosing herewith, a copy of an executed
covenant, wherein the Catalanos do covenant that with respect
to the parcel to be "set off", shown on said amended maps
as 8.770 acres will not be the subject of further sub-division.
I would appreciate your making every effort to
have this matter placed on the calendar for January 10th,
so that, hopefully, approval could be forthcoming.
JEG:dk
Enc.
Thank you for your cooperation.
,~OH~ E. GIL£fES
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN,
Southold, N.Y. 1 I971
TELEPHONE
765-1938
December 15, 1982
Mr. John E. Gillies
Stern & Gillies
320 Conklin Street
Farmingdale, New York
11735
Re: Andrew & Phyllis Catalano
Dear Mr. Gillies:
At our regular meeting December 13, 1982, we had an
opportunity to review the revised maps captioned above.
Notation was made that the maps now reflect the re-
quired 150' lot width. It was the concensus of the board,
after discussing your letter of December 9, 1982 regarding
further subdivision of the proposed set-off lot, to request
a copy of the map outlining how this property would be
subdivided in the future.
Upon receipt of the above, we will place the matter on
the next available agenda for appropriate action by our
board.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
STERN 8( GILLIES
ATTORNEYS AT LAW
Deeember 9, 1982
PXanmlng Board
Town of 8oatheld
POUR Hall
SoathoXd. Hew York
ll9?l
Re, Proposed 8et-Off! Andrew ~atalaae
~aia Re~dt Seatheld~ New York
Geatlemens
Pareaaat to the euggeetloae made at year last meeting,
I have aBUSed the saryeys te be amended se aa te iaereane
the freata~e ef the premises being eonveyed by Mr. and
Catalans se that plot ese will have a f~eatnge ea Hale
Read ef 150 feet. ! am advised that yea alee reeeuueaded
that Ceveaants and Reetrietieae be fiXeS prohibiting any
fatare eabdtvisiea ef the 5.3~3 acres being retataed by
~r. and Hrs. CataXue. This letter 1o direete~ te that
reeenueadatiea.
Hr. and Hrs. Catalans parohaeed this p~eperty aa a
retlrememt home with their lifetime savings in 1972 with the
lateatten ef fa~uing the satire l~areel. As a result ef
phyeleal and eeeaeuie preblens, it has beeeme aeeeesary
for then teeenvey 25 acres ef the parable It is their ln~
teatiea te eeatiaae te reside theresa. Xf, however, ia the
future oirouuf~neee ohan~e, they must be able to lawfully
subdivide the property into plots, whioh at that time will
oonforR with applioable zonings Te deprive them ef this
potential advanSa~e, weald, in my opinion net be ia accord-
ames with sound planning, but weald ia offset impose a
eerieaa and unuarramted hardship aport Hr. and Hrs. Catalano.
I reepeotfully request that the Beard ~ive this mmtter
further aonetderatien and qr, e that any future subdivision
would, of neeeseitYe oeme before thor e~ their euoeeeeere,
at whioh time adequate eafe~uards eoald be implemented,
STERN & GILLIES
ATTORNEY5 AT LAW
JOSEPH
JOHN E. GILLIES
Than~ you for your kind &ttentien in this request.
Very truly yours,
~1. ~ILLaS
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
December 8, 1982
Mr. John E. Gillies
Attorney at Law
320 Conklin Street
Farmingdale, New York
11735
Re: Andrew & Phyllis Catalano
Dear Mr. Gillies:
Our Board reviewed the revisions on the above captioned
map at our meeting of November 29, 1982.
It was noted that the lot designated as number one is
143 feet wide and should be 150 feet wide. It was the con-
census of the Board to request covenants and restrictions
on the parcel being set off from further subdivision in the
future.
This matter has been scheduled for our meeting to be
held December 13, 1982. If you have any questions, please
feel free to contact our office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
STERN & GILLIES
ATTORNEYS AT LAW
JOSEPH STERN
JOHN E. GILLIES
November 17, 1982
Southold Planning Board
Town of Southold
Southold, New York 11958
Gentlemen:
Andrew Catalano and B & J Realty have submitted an
application for a set-off pursuant to the provisions of
Section 106 of the Subdivision regulations. It is my
understanding that this matter will be again reviewed
at the meeting to be held on November 29, 1982. As
this is literally a set-off and not a minor subdivision,
it would appear that an expeditious approval should
be forthcoming.
The closing of title between Catalano and B & J
Realty involving the 24 acres is, of course, being held
in abeyance pending your Board's approval, and the delay
~s seriously prejudicing Mr. Catalano in that a sub-
stancial mortgage has become due and must be paid from
the closing proceeds to avoid foreclosure.
Your cooperation in finalizing this approval at the
earliest date would be greatly appreciated.
~ truly yours,
JEG:mtz
STERN & GILLIES
ATTORNEYS AT LAW
JOSEPH STERN
JOHN E. GILLI£S
OB~ ¢ ~%'~ 0etober 1, 1982
Planning Board
Town of Southold
Suffolk County
Southold, N.Y. 11971
Re:
Andrew g Phyllis Catalano
Proposed Set-Off
Gentlemen:
This will serve to confirm my receipt of your
letter to me of September 27, 1982 and to also confirm that
I and Mr. Catalano will meet with your Board on October 18,
1982 at 8:15 P. M.
JEG:dk
Very truly~ours,
GILLIES
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAbl F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
September 27, 1982
Mr. John E. Gillies
Stern & Gillies
320 Conkl±n Street
Farmingdale, New York
11735
Re: Andrew & Phyllis Catalano
Proposed Set-Off
Dear Mr. Gillies:
It was the concensus of the Planning Board at their regular
meeting held September 20, 1982 to request that you meet with
them to discuss the above captioned proposal at the next
scheduled meeting to be held October 18, 1982. Your appoint-
ment to meet with the Board is 8:15 p.m.
Please advise if the above date and time is convenient for
you.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
STERN & GILLIES
ATTORNEYS AT LAW
August 24,1982
Southold Town Plar~/ng Board
Scut_hold, New York 11958
Att: Sue
I am enclosing herewith the following in connection with an
application to set off a portion of lands owned by Andrew
and Phyllis Catalano. Tb~ set off involves 4.343 acres,
the balance of the 24 acres being contracted to be conveyed
to B & J Realty, a co-partnership of which the undersigned
is a general par~,'~er.
I would sincerely appreciate the Board considering this
application pursuant to the provisions of Section 106.13
of the Southold Code relating to set offs.
Enclosed are:
6 copies of set off map i~repared by Van Tuyl &
List of adjoinir~ ~ers
Cbeck in the su~ of $25.00
Letter regarding drainage, etc.
1 Enviror~ental asses~nent form.
Certified description of entire parcel as shown
on copy of deed da~ July 5,1978.
If there is anything further re~red, please advise me.
Thank you. ~ truly yours,
JEG:hb ~ J~ E. G ...S
Enos.
IN THE M~I'IER OF THE APPLICATICN OF B & J REALTY TO SET OFF UNTO
ANDREW AND PHYLLIS CATALANO 4.343 ACRES OF LAND
O~NER: ANDreW and PHYLLIS CATALANO, Main Road, Pecc~ic, N.Y. 11958
CERTIFICATION RE LIST OF ADJOINING OWNERS:
TO THE EAST:
Town of Southold, Southold, N.Y.
JOHN W. NIERODZIK, Southold, N.Y. 11971
F.P. SVEC and CHARLES SVEC, P.O.Box 104, Peconic T~ne, Peconia, N.Y.11958
FRANK MAZZEI, Peconic Lane, Peconic, N.Y. 11958
FRANKLIN RICH, Oove Road, Stonington,CC~N. 06378
TO THE NORTH:
Long Island Railroad
TO THE WEST:
HENRY ~4ITH, Robinson Road, Peconic, N.Y. 11958
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re: Catalano Set Off
Main Road
Peconic, New York 11958
The
in the review of the a~ove-mentioned minor ~subdivision and its
referral to the Suffolk County Planning Commission:
following statements are offered for your consideration
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are p~o~osed and no changes will be made
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
· B & J Realt~~
~ order to answer tile questions in this short EAF $.¢ is assumec
tha~ the preparer w~}~ use curran¢}y ovoL~ab~e Lnfor~;~a~$on concernLng ~he
projecL and the Iii:ely imf)acts oJ the ac[ion, l~ is not expected thai
additional studlc~, research or other investlgotlons will be undertaken.
(b) if any quer.%ion has been onswe~'ed Yes lhe project may be
~ignificcnt and o completed Envlron~ntal Assessmeni Form is necessary.
(c) If oll questions have bean answered No il is likely %ho¢ this
project is not significant.
(dj Environmtnlal Asser. sr,~eni · '
1. %'~i~1 p;'ojec'l resuii--in o large physicot change '
¢o ibc projecL si%e or physically a].~er more
lmm 10 (,eras of land? ........................ Yes.x No
2. ¥1iI1 ~hero be o major change ~o any unique or
-u,,usuol land fo~m found on
3. ¥/ill pro3ect alter or have a large efFect'g~ '
exisling body of wafer? ....................... .... Yes~. ,
4. ?/ill project hove c~ potentially large impact
on grounch'~¢,ter quolily? ............ yesX 'No
5. ¥7ill project slgnificonlly effect drainage ' '-
flow on odjaceni siies?f .............. Yesx No
6. ¥~ill projec~ affect any threalenc~d or
endangered plant or animal species? .... Yesx' No
on oir qual&ty? ........... .................. : YesX No
charoc/er of the cor,]munily or scenic vie~?s or
visLos kno~vn to:be imporlont to %he communiiy?. Yes X'No
~. ¥1~tl project odvers~l), iml)acL any site or ..
. slruclure of historic, prehistoric
po.leonlologicol imporlonce or any site "
designo%ed os o c~'ilic¢~l envi~'onmenlol area
by o local agency? ........... -- ...--..v - ~-- . .. Yes No
10. ¥I&11 pro)ec¢ have a major effect on exis~ih9
or future recreofionol oppor~uni{$es? ......... Yesx No
11. ¥L{1! project result in .aojor traffic problems ' ''
or. cause a major c~fect to ex&sting
~z'onsp~'totlon ~ys'tems? ....................... Yes ~ No
12. ¥1ill praject .refiu].arly cause objectionable
odors~ halsa, glare~ v/bra~&on~ or electrical
d&sturbonce os a result o~ the pro,act's
opezo't ior~? '. Yes No
13. ~'/ill px'ojec¢ have any i~poct on public heaZth-
or safety? Y N
..................................... es X 0
14. ¥/il! l)~OjeCt of f ecl the existing community by ~ '
directly causing o 9rob.rib in pcrmcncnt
I)opuloiiom of more thon 5 perce?t over o one
yeor period or hove o mo jot negative efFcct
om the choro~ier oF the communi~y or
neighborhood? ................................. Yes X No
15. 15 lhere public con[roversy conce~-ninO
tO'ecl? ...............
P O ..................... Yes X No
PREPARER'S ]GIIAIURE ~x /
S '
REPRESE/;TING_ ~g ,~ R~a]ty DATE
320 Conklin ~treet
Par~ngdale, NY 11735
t
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (~r..~z) (final) approval of a subdivision pitont--
off
accordance ~vith 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.) Applicant, B & J i~F_ALTY is oeo. tract vendee.
2. The name of the subdivision is to be MAP..f~ .P~Qk:~q~..~...FQ.R...A:I~....P~.....A~. .....
pHYLLIS CATAIANO AT PEC(~IC, TO~q C~ SOUTHCID, N.Y.
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 ....... 727.4 ............ Page .... .4.5 ................ On ....................... ;
Liber ....... 846.% ............ Page .... 561 .............. 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 ... 4,.343 ......... acres. (balance of property c~Litorises
exactly 24 acres)
6. Ail taxes which are liens on the land at the date hereof have been paid except ............
7. The land is encumbered by ...... .1. .....................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber . .8..5.5.1. ....... Page ........ .3.4.5. ...... in original amount
of $ .... 33r775-.. unpaid amount $ ... -33,775 .......... held by . .H.q.s.t..P.~.e.s...
.............. address .1.4.5...~..a~. qn...A.v...e)3~...: ...C~..93:...G~..1..e.s.,..~_.c~..'.xt~.. ................
(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 ........................
9. The land lies in the following zoning use districts ....................................... P~ sidence "A"
10. No part of the land lies under water whether tide ~vater, stream, pond water or otherwise,
cept rl(~..e
11. The applicant shall at his expense install all required public improvements.
12. The land i~g) (does not) lle in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is .............................................................
13. Water mains ~vill be laid by ................. llO.t .applicable .........................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards ~vill be installed by ............. ..nQ..t..al~.~_.'.c~_h:.!.e ...........
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by ................. IlO.t .alPPJ.£~b~l.~ .........................
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.riot applicable
17. If streets shoxvn 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. nd: applSc~ble
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat sho~vs 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". Not applicable
22. The applicant estimates that the cost of grading and required public improvements wilI be
$ ..... n..O..r~, 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 otherwise shown on Schedule "F".
[)ATE August 24,1982 19.. B & J REALTY
(Address)
STATE OF NEW YORK, COUNTY OF . .~ ........................ ss:
On the ...... .2.4..t:[1. ....... day of .... .3~..cju~...~. .................. 19...1~2., before me personally came
............. J.CI-IN. N....GTr,r~T0'-~ ............. to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ........ he - executed the same.
No. 30-5202150
Qualified in Nassau County.
Term gxpirc~ March 30, 198~¢'
STATE OF NEW YORK, COUNTY OF ............................ ss:
/
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.
and that ............ signed .............. name thereto by like order.
Notary Public
CONSULT YOUR LAWYER mlFOll SIGNING THIS iNSTRUMENT -THIS INSTIUMINT SHOULD II USED IY ~WTERS ONLY
~ ~ day of ~ , nineteen hundred and s eeVeighntY-t
THIS
INDEN~
the
BE~EEN
~K~ RICHER, formerly kn~n as ~R~ CATALAN0,
residin~ a~ Ho. ~3 0akvie~ Avenue, Fa~mingdale,
Ne~ York,
4
party of the fi~st part, and
ANDREW CATALANO and PHYLLIS CATALANO, his wife,
both residing at No. 14 Barbara Lane, Farmingdale,
New york,
party of the second part,
WITNF..~$F-.TH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of tbe second part, the heirs
or successors and assigns of the party of the second part forever, all her undivided interest i
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being ~O~,[l~ at Peconic, Town of Southhold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the Northwesterly side of Main Road
distant 764.35 feet Southwesterly.when measured along the same,
from the corner formed by the intersection of the Northwesterly
side of Main Road with the Southwesterly side of Peconic Lane;
running thence along the Northwesterly side of Main Road, (1)
South 49 degrees 26 minutes 50 seconds West, 210.58 feet and (2)
South 54 degrees 07 minutes 30 seconds West, 157.48 feet; Thence
North 35 degrees 23 minutes 45 seconds West, along land now or
formerly of the Pontino Estate, 3010.27 feet; North 59 degrees 37
minutes 40 seconds East, along land of the Long Island Railroad,
459.48 feet; thence South 33 degrees 43 minutes 00 seconds East,
along land now or formerly of the S.F. Overton Estate and land
now or formerly of Roberts, 822.61 feet; thence South 33 degrees
48 minutes 00 seconds East, along land now or formerly of Stokes,,
365.95 feet; thence South 33 degrees 37 minutes 50 seconds East
along land now or formerly of Nierodzik, 742.60 feet and thence
South 33 degrees 31 minutes 20 seconds East, along land of the
Town of Southold, 1020 feet to the Northwesterly side of Main Road
and the point or place of BEGINNING. ~ ~.
Being the same premises conveyed byj d~ed
in L 7274 Cp45.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the a~)purtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or ~uffcn:d anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that flac party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of thc cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this ndcnturc so ~(quires.
IN WITNESS WHEREOF, the party of the first part has dnly executed this deed the da)' and ?,.ar first above
written.
IN PRESENCE OF:
Maria Richer
TOWN' CLERK ·
TOWN OF $OUTIIOLD
iS~folk Co~, New York 516. 765-1801
Cash ~ ~t_ · _ ~. .~_ . ~~ Ju~ T. Te~
O ord Pendali
STOCK No. 753
MAD£ I~{ U,{{~,
~522,61
STORES
5'7.5O E.
AREA- 24, OOOACEE 5
NOW
5010.27
ANDREW"
NAP
~,T
PEC. pm lC
TOWN OF. SC)UTHOLD,~_~,_Y. '
OF pp~opaRTv .
~. -CATALANO
RECEIVED BY '
NOV~ 1982
s3~~,
®
,33
9F 5OU,THOL P
tV'tAP
OF PP-OPEP, TY
_,~:AJIAV EyE:D FO'~
PMYLL!,_5 C
PECONtq
'rowN o~':~u ruc~?;
ATALANO
,5. F, OYEP. T'QN EST,
5,33 43oo E.
- ht:35°,z5' 4.5"'w',
o I LI
3.0NN
~.33 ~T 5O E.
20E,
OF
50LITHOLD
102,,0,
MAP OF PP. OPlS. P,%Y
SUP~VEYED FO~
.¢ PHYLLIS CATAL, ANO
Al-
PECON lC,
TOwN OF ,~iOL!THOLD , iN,Y,