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1000-113.-7-12 (2)
william formerly c#udiak or now E. ThOrnlOn flo~l or forr~erJY john simicich, J~ g~ Catherine $imiai~h forme[lY smith Area" 2.569 Acres et uene Fred t~ formerly now N, 65 ,..,. ~ Hi,hi \ ~$3o/4'31"~ Area = 2 $29 AcreS'J. %. al . ,, ,, / Lo7 2.- · , Arep- WMIibm ,4. L/~dsay, Jr et al oow or formerly James D Norr/$ Estote BERG~:N AVEAIU~ 505. THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITI COMPLY WITMTHE STANDARDS AND REQUIREMENTS, OF HEALTH· Lo/ / · Areo= 2. 001 Acres ,/i~ ~ o ... _ _ iI J~ now or forrr~r/y W//hdm Churl~ok '~/VeUdec~. ROW or Phl?ll~ II~ Hogan J t '~ IVeude~h Right of 'ELOPMENT LIC.NO 45895 -EXisting ~0' Right of Woy LOCATION MAP NOTE = I · = MONUMENT 2. ~, = STAKE S TOTAL AREA ~- 11.556 ACRES 4. SUFFOLK COUNTY TAX MAP= DIST.J.Q~..G-- SECT I1~ BL-~Z- LOT -Lg.- B. CONTOURS~ELEVATIONS~AND LINE OF WOODS SHOWN HEREON~ ARE FROM "TOPOGRAPHI.~AL MAP- FIVE EASTERN TOWNS :~ PREPARED FOR THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS. APPROVED BY PLANNING BOARD TOWN 0[: SOUTHOLD (~'Y~¢ ,1~ ./ ~(: MINOR SUBDIVISION PLAN PREPARED FOR JOHN SIMICICH ,JR. CATHERINE SIMICICH AT MATTITUCK TOWN OF SUFFOLK SCALE = I SOUTHOLD COUNTY,NEW = I00' JUNE 4, 1984 DEC, 14,1984 JAN 23, 1985 MAY 28 , 1985 ,JUNE 7,.1985 YORK ALDEN W. YOUNG, N.Y.S. RE. & L.B. LIC. NO. ISS45. HOWARD W. YOUNS~ N.Y.S L.S. LIC. NO. 4589.'5. NO. 84- 544 $outhold, N.Y. 11971 (516) 765-1938 July 30, 1985 Mr. Charles Cuddy Attorney at Law 108 E. Main Street Riverhead, NY 11901 Re: John and Catherine Simicich Dear Mr. Cuddy: The following action was taken by the Southold Town Planning Board, Monday, July 29, 1985. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "John and Catherine Simich" located at Mattituck was submitted to the Planning Board on February 21, 1985 and, filing fee of $100 was paid on February 21, 1985, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on July 8, 1985 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of"John and Catherine Simicich" for approval of said subdivision plat prepared by Howard Young and last dated June 7, 1985 , be approved and the chairman be authorized to endorse approval on said subdivision plat ~' subject to the following conditions within six (6) months from the date of this resolution: 1. Filing of covenants and restrictions with the county clerk as to no further subdivision of any lot in perpetuity. Enclosed is a draft document which can be used as a guide for preparing the covenants and restrictions which the Board requests. Mr.Charles Cuddy Page 2 30, 1985 Prior to filing the document, would you please foward a copy to our office so we may have the Town Attorney review it. Then, upon receipt of notice that it has been filed with the County Clerk, the Chairman will endorse the map. If you have any questions, please don't hesitate to contact our office. enc. ~fery trulv yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary r TOWN CLERK ~ wows ox sovT.o o N.° 1 S~fo~oun~, New York 516- 765-1801 / Judith T. Te~y, Town Clerk MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolutiQn approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised ~Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County's recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map DECLARATION $£P J-3 1985 .trict: )0 ;tion: set forth and x~k: THIS DECLARATION, made the 31st day of July 1985, by JOHN SIMICICH, JR. and CATHERINE SIMICICH, residing at (no #) Bergen Avenue, Mattituck, New York, hereinafter referred to Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as in Schedule A, annexed hereto and made a part hereof; WHEREAS, the Declarants have made application to the Zoning Board of Appeals and the Planning Board of the Town of Southold for approval to subdivide the said real property into four (4) parcels, bounded and described as set forth in Schedule A annexed hereto and made a part hereof; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Office; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interest of the Declarants and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITHNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, do hereby make known, admit, $ CHEDUL~. A DESCRIPTION MINOR SUBDIVISION JOHN SIMICICH, JR. AND CATHERINE SIMICICH AI.~ that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BE]INNING at a point which point intersects the southerly line of pr~mises now or formerly of William Chudiak and which is distant 27 degrees 03 minutes 06 seconds east 829.41 feet from the intersection of the southerly line of Bergen Avenue with the westerly line of Cox Neck Road forming the southeasterly corner of lands now or formerly of William A. Lindsay, Jr., et al.; and from said true point of beginning running: Scuth 12 degrees 19 minutes 19 seconds East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. Neudeck South 77 degrees 40 minutes 41 seconds West a distance of 250 feet; an~ thence continuing along land now or formerly of P. Neudeck and william Chudiak the following two (2) courses and distances (1) So]th 12 degrees 19 minutes 19 seconds East 264.67 feet, (2) South 63 degrees 14 minutes 01 second, West 314.66 feet to land now or formerly of James D. Norris Estate; thence along said last mentioned land the following three (3) courses and distances (1) North 33 degrees 00 minutes 09 seconds West 230.69 feet; (2) South 63 degrees 14 minutes 31 seconds west 505.27 feet; (3) South 33 de]rees 00 minutes 09 seconds east 619.82 feet to the northerly li~e of land now or formerly of Fred P. Jens and thence along said last mentioned land South 53 degrees 24 minutes 51 seconds west 222.12 feet and thence through land now or formerly of John Sinicich, Jr. North 33 degrees 00 minutes 09 seconds West 934.52 feet to the southerly line of land now or formerly of William Chudiak and thence running the following four (4) courses and distances along land of Chudiak, Lindsay and Hogan (1) North 59 degrees 19 minutes 51 seconds East 231.90 feet; (2) North 83 degrees 02 minutes 21 seconds East 93.90 feet; (3) North 76 ~~ degrees 16 minutes 51 seconds East 4 0Z~.1i967"t~_ degrees 22 minutes 51 seconds East hPoint °r-'~ place of beginning. 0848 publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the real property the subject of this Declaration, without prior approval of the Planning Board of the Town of Southold. 2. That the within Declaration may not be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. ~l,~t J~hn-Simic~ch, Jr. Catherzne Sim;i/cich STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) On this 31st day of July 1985, before me personally appeared JOHN SIMICICH, JR. and CATHERINE SIMICICH, to me known and known to me to be the persons who executed the foregoing instrument and they duly acknowledged to me that they executed the same. Notary Public 8outhold, N,Y, 11971 (516) 765-1938 MEMORANDUM TO: FROM: DATE: RE: John W. Davis Southold Planning Board May 12, 1986 A ess Road for the minor subdivisions of ~oohn and Catherine Simi~ich at Mattituck Richard Foster at PeconlC Our office has been advised that work has been done on the access roads within the above mentioned minor subdivisions. would you please make an inspection and advise our Board as to the work done and if it is acceptable. 'Thank you for your assistance in this matter. Southold, N.Y. 11971 (516) 765-1938 May 7, 1986 Mr. Victor Lessard Executive Administrator Building Department Town Hall Southold, NY 11971 Re: Access Road for the subdivision of Simicich located at Mattituck Dear Mr. L~ssard: Please let this confirm the action taken by the Southold Town Planning Board, Monday, May 5, 1986. RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis' report No. 497 with regard to the work on the access road within the minor subdivision of John and Catherine Simicich located at Matttituck and recommend that no building permits be issued for lots within this subdivision until final acceptance of the road by Mr. John W. Davis. Enclosed is a copy of the report for your review. If you have any questions, please don't hesitate to our office. contact Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN sOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary APR 9 1986 To: From: Re: Bennett Orlowski, Or., Chairman Report No. 497 Southold Town Planning Board Date: April 3, 1986 John W. Davis Access Road for J. Simicich & Catherine Simicich, Minor Subdivision road at Mattituck. No profile was submitted for this road as requested and there was no notification as to start of grading operations which are about completed. The road profile as constructed could have been improved. · beine used for the surface course and according to the Stone blend zs ~ o=~.~% the first 600 ft. from Cox Neck Road is completed. Inspection as of above date indicated some incomplete shoulder work on the sides in the 600 ft. The stone surface course (600 ft.) appeared stable and usable except at Cox Neck Road where it has been loosened for a short length (~0 ft.±) by traffic turning in and out of the The surface course (recycled concrete) depths and road widths as follows: Distance from Cox Neck Rd. D_eepth of Surface Course Road Width 2~" 20'± 16' 100' 3" 16' 200' 3" 16' 300' 3~" 16' 400' 4" 16' 500' 3¥' I5' 600' A. Foster, road contractor for the subdivision owners, and also owner of Lot No. ! wants the first 600 ft. of the access road accepted now so that owner of Lot No. 2 can get a building permit. As there is remaining work to do in the 600 ft. length I cannot recommend final acceptance of it. However, the road width at present is suitable for building construction equipment. ~ John W. Davis -- Southold, N,Y. 11971 (516) 765-1938 February 24, 1986 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: John and Catherine Simicich Dear Mr. Davis: We have been notified by an adjoining property owner that work on the right-of-way within the above mentioned subdivision has begun. It was also indicated that a drainage problem might exist with the proposed right-of-way. Would you please make an inspection and advise us as to work done and any recommendations you may have regarding the drainage problem, if one does exist. Thank you for your assistance in this matter. Also, enclosed is a copy of your latest report and a subdvision map for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. To: From: Re: Bennett Orlowski, Jr., Chairman Southold Town Planning Board Report No. 470 John W. Davis Date: August 6, 1985 Access Road for J. Simicich & Catherine Simicich, Minor Subdivision at Mattituck Comments: Clearing has been done throughout. There were no stakes to indicate the 50 ft. R.O.W. limits but from visual appearance, clearing was wide enough to accomodate at least a ]5 ft. roadway width with shoulders. Some rough grading has been done with minor deflections from straight alignment. However, the profile as of today has low and high areas that should be corrected in final grading. The owners should submit a road profile for approval. Also, there is one iow area, approximately 640 ft. from Cox Neck Road, that should have a pipe crossing. Recommendations: 1. Submit a road profile for approval. 2. Road width in the 50 ft. R.O.W. to be ]5 ft. with 4 ft. shoulders. 3. Install ]8" pipe crossing at above mentioned low area. 4. (a) Road material to be a minimum depth of 4" of compacted 3/4" stone blend or recycled concrete to accomodate emergency vehicles. The stone blend or recycled concrete may be placed on the final graded ground surface and crown shaped or the surface may be excavated to permit placing 4" of the blend or crushed concrete or: (b) Remove topsoil (if encountered) to a depth of 8" and replace with 8" of compacted bankrun sand and gravel. Gravel content to be 20%. Place a surface course of 2" of compacted stone blend or crushed concrete. 5. Based on the clearing as of today there may be a few more trees to remove to clear shoulders. Emergency vehicles will have to turn via driveways. John W. Davis Southold, N.Y. 11971 (516) 765-1938 September 17, 1985 Mr. Charles Cuddy Esseks, Hefter, Cuddy, Counselor at Law 108 E. Main Street Riverhead, NY 11901 and Angel Re: John and Catherine Simicich Dear Mr. Cuddy: The following action was taken by the Southold Town Planning Board, Monday, September 16, 1985. RESOLVED that the Southold Town Planning Board accept and recommend compliance with the report of Inspector John W. Davis regarding the improvementsrequired on the access road within the minor subdivision of John and Catherine Simicich located at Mattituck. (report No. 470) Enclosed is a copy of the report for your review. Prior to starting any work, would you please notify our office so the Inspector can be present. BENNETT ORLOWSKI, JR. , C~4AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. MARciAZ. HEFTeR E$$EK$, HEFTER, CUDDY & ANGEL COUNSELORS AT /AW IO8 EAST MAIN STREET P, O. Box 279 SEP 198,5 WATER M~LL OFFICE MONTAU K HIGHWA¥ P. O. Box 570 WATER M~LL, N,Y. 11976 (516) 726-6633 September 11, 1985 Ms. Diane Scholtz, Secretary Southold Town Planning Board Main Road Southold, New York 11971 Dear Diane: Enclosed is a copy of the Declaration made by John Simicich, Jr. and Catherine Simicich in connection with their four lot minor subdivision at Cox Neck Road, Mattituck, New York. As noted on the reverse side the Declaration was recorded with the Suffolk County Clerk on August 9, 1985, at Liber 9848, Page 257. This is forwarded to you for the board's records. CRC:gw Enclosure cc: John & Catherine Smicich Very truly yours, Charles R. Cudd~j JOHN SIMiCiCH, JR. CATHERINE S IMICICH Dated: July 31, 1985 DECLARATION Record and Return to: ESSEKS. HEftER, CUDDY ~ ANGEL XlN~IO0 ~lOdJ~$ ~0 ~B3IO P I S L~~~ y 8outhold, N.Y. I1~?! (516) 765-1938 September 10, 1985 Mr. Charles Cuddy Attorney at Law 108 E. Main Street Riverhead, NY 11901 Re: John and Catherine Simicich Dear Mr. Cuddy: As per your request, enclosed is a copy of the final resolution on the above mentioned subdivision. If you have any questions, please don't hesitate to contact our office. Very truly yours, enc. BENNETT ORLOWSKI, JR., CHAIRMAN UTHO~QWN PLANNING BOARD Diane M. Schultze, Secretary S ~y LD Southold, N.Y. 11971 (516) 765-1938 August 19, 1985 Mr. Charles Cuddy Attorney at Law 108 E. Main Street Riverhead, NY 11901 Re: Minor subdivision for John and Catherine Simicich Dear Mr. Cuddy: Enclosed is a survey for the above mentioned approved project which has been endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIR~A~ SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary WILLIAM W. ESSEKS MARCIA Z. HEFTER CHARLES ~:~. CUDDY Ess£Ks, HEFTER, CUDDY F. ANGEL COUNSELORS AT Law i os EAST MAiN STREET P, O. Sox 279 RIVERHEAD, N.Y. 11901 (516) 3691700 TELex-EHCA 6852318 UW August 9, 1985 WATER MILL OFFICE MONTAUK HIGHWAY P. O. BOX 570 WATER MIll, N.Y. i 1976 Planning Board Town of Southold Town Hall Southold, New York Re: John and Catherine Simicich Dear Board Members: Enclosed is a copy of the covenants and restrictions which have been recorded on this date with the Suffolk County Clerk. When the recorded copy is returned to us, we will forward a copy to you so that you may have the information as to the liber and page of recording. Would you kindly have the map "approved" at this time and advise us so that we may have a copy of it picked up. Thank you. Very truly yours, CRC/ec enc. P.S. ~he recording date appears on the back of the last page. DECLARATION strict: 00~ ction: ock: T~IS DECLARATION, made the 31st day of July 1985, JOHN SIMICICH, JR. and CATHERINE SIMICICH, residing at (no Bergen Avenue, Mattituck, New York, hereinafter referred to Declarants. WHEREAS, the Declarants are the owners of certain property situate at Mattituck, Town of Southold, County of Suf[!c]~k and State of New York, more particularly bounded and described set forth in Schedule A, annexed hereto and made a part hereof; and WHEREAS, the Declarants have made application to the Zoning Board of Appeals and the Planning Board of the Town of Southold for approval to subdivide the said real property into four (4) parcels, bounded and described as set forth in Schedule annexed hereto and made a part hereof; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold a~ the owners and prospective owners of said parcels that the withi]~ covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interest of the Declarants and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITHNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and 'agree that the said premis~:~s herein described shall hereafter be subject to the follcwing cover~nt~ which shall run with the land and shall be binding uDon ali purchasers and holders of said premises, their heirs, executors~. legal representatives, distributees, successors and assigns, wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the real property the subject of this Declaration, without prior approval of the Planning Board of the Town of Southold. 2. That the within Declaration may not be annull~d, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) Catherine S im~Xcich On this 31st day of July 1985, before me personally appeared JO~N SIMICICH, JR. and CATHERINE SIMICICH, to me known and known to me to be the persons who executed the foregoing instrument and the]~ duly acknowledged to me that they executed the same. Notary Public MINOR SUBDIVISION JOHN SI~iCICR, JR. AND CATHERINE ~ICICH ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which point intersects the southerly line of premises now or formerly of William Chudiak and which is distant 27 degrees 03 minutes 06 seconds east 829.41 feet from the intersection of the southerly line of Bergen Avenue with the westerly line of Cox Neck Road forming the southeasterly corner of lands now or formerly of William A. Lindsay, Jr., et al.; and from said true point of beginning running: South 12 degrees 19 minutes 19 seconds East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. Neudeck South 77 degrees 40 minutes 41 seconds West a distance of 250 feet; and thence continuing along land now or formerly of P. Neudeck and William Chudiak the following two (2) courses and distances (1) South 12 degrees 19 minutes 19 seconds East 264.67 feet, (2) South 63 degrees 14 minutes 01 seconds West 314.66 feet to land now or formerly of James D. Norris Estate; thence along said last mentioned land the following three (3) courses and distances (1) North 33 degrees 00 minutes 09 seconds West 230.69 feet; (2) South 63 degrees 14 minutes 31 seconds west 505.27 feet; (3) South 33 degrees 00 minutes 09 seconds east 619.82 feet to the northerly line of land now or formerly of Fred P. Jens and thence along said last mentioned land South 53 degrees 24 minutes 51 seconds west 222.12 feet and thence through land now or formerly of John Simicich, Jr. North 33 degrees 00 minutes 09 seconds West 934.52 feet to the southerly line of land now or formerly of William Chudiak and thence running the following four (4) courses and distances along land of Chudiak, Lindsay and Hogan (1) North 59 degrees 19 minutes 51 seconds East 231.90 feet; (2) North 83 degrees 02 minutes 21 seconds East 93.90 feet; (3) North 76 degrees 16 minutes 51 seconds East 413.25 feet; (4) North 67 degrees 22 minutes 51 seconds East 724.07 feet to the point or place of beginning. ROBERT W. TASKER Town Attorney OFFI( D TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 August 6, 1985 Mr. Bennett Orlowski, Jr., Chairman $outhold Town Planning Board Main Road Southold, New York 11971 Re: Minor subdivision of John and Catherine SimiciCh Dear Mr. Orlowski: I have reviewed the proposed covenants and restrictions sent to me in your August 1, 1985 letter and they are acceptable to me as to form. Yours very truly, ROBERT W. TASKER RWT :aa Southold, N.Y. 11971 (516) 765-1938 August 1, 1985 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11935 Re: Minor subdivision for John and Catherine Simicich Dear Mr. Tasker: Enclosed are covenants and restrictions for the above mentioned minor subdivision. Also, enclosed is a copy of the resolution of the Planning Board requesting the covenants. Would you please review them and let us know if they are acceptable. Thank you for your assistance in this matter. TTTrY truly yours~/A ORLOWSKI, JR., CHARON SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Esseks, HEFTER, CUDDY ~ ANGEL August 1, 1985 WATER MILL OFFICE MONTAU K HIGHWAY P. O. BOX 570 Mr. Bennett Orlowski, Jr. chairman of Planning Board Town of Southold Main Road Southold, New York 11971 Re: John and Catherine Simicich Minor Subdivision Dear Mr. Orlowski: At the Planning Board's meeting of July 29, 1985, the minor subdivision of John and Catherine Simicich at Mattituck was approved by the Board subject to covenants and restrictions as to further subdivision of the parcel. We enclose a proposed covenants and restrictions and request that you confirm that it is acceptable. would you kindly have one copy of the approved subdivision map forward to us. Thank you. Very truly yours, charles R. C CRC/pc Enc. DECLARATION THIS DECLARATION, made the 31st day of July 1985, by JOHN SIMICICH, JR. and CATHERINE SIMICICH, residing at (no #) Bergen Avenue, Mattituck, New York, hereinafter referred to Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule A, annexed hereto and made a part hereof; and WHEREAS, the Declarants have made application to the Zoning Board of Appeals and the Planning Board of the Town of Southold for approval to subdivide the said real property into four (4) parcels, bounded and described as set forth in Schedule A annexed hereto and made a part hereof; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interest of the Declarants and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITHNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the real property the subject of this Declaration, without prior approval of the Planning Board of the Town of Southold. 2. That the within Declaration may not be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) J~hn-Simic~ch, Jr. ~ Catherine Simi~cich On this 31st day of July 1985, before me personally appeared JOHN SIMICICH, JR. and CATHERINE SIMICICH, to me known and known to me to be the persons who executed the foregoing instrument and they duly acknowledged to me that they executed the same. SCHEDULE A DESCRIPTION MINOR SUBDIVISION JOHN SIMICICH, JR. AND CATHERINE SIMICICH ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which point intersects the southerly line of premises now or formerly of William Chudiak and which is distant 27 degrees 03 minutes 06 seconds east 829.41 feet from the intersection of the southerly line of Bergen Avenue with the westerly line of Cox Neck Road forming the southeasterly corner of lands now or formerly of William A. Lindsay, Jr., et al.; and from said true point of beginning running: South 12 degrees 19 minutes 19 seconds East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. Neudeck South 77 degrees 40 minutes 41 seconds West a distance of 250 feet; and thence continuing along land now or formerly of P. Neudeck and William Chudiak the following two (2) courses and distances (1) South 12 degrees 19 minutes 19 seconds East 264.67 feet, (2) South 63 degrees 14 minutes 01 second, West 314.66 feet to land now or formerly of James D. Norris Estate; thence along said last mentioned land the following three (3) courses and distances (1) North 33 degrees 00 minutes 09 seconds West 230.69 feet; (2) South 63 degrees 14 minutes 31 seconds west 505.27 feet; (3) South 33 degrees 00 minutes 09 seconds east 619.82 feet to the northerly line of land now or formerly of Fred P. Jens and thence along said last mentioned land South 53 degrees 24 minutes 51 seconds west 222.12 feet and thence through land now or formerly of John Simicich, Jr. North 33 degrees 00 minutes 09 seconds West 934.52 feet to the southerly line of land now or formerly of William Chudiak and thence running the following four (4) courses and distances along land of Chudiak, Lindsay and Hogan (1) North 59 degrees 19 minutes 51 seconds East 231.90 feet; (2) North 83 degrees 02 minutes 21 seconds East 93.90 feet; (3) North 76 degrees 16 minutes 51 seconds East 413.25 feet; (4) North 67 degrees 22 minutes 51 seconds East 724.07 feet to the point or place of beginning. JOHN SIMICICH, JR. CATHERINE SIMICICH Dated: July 31, 1985 DECLARATION Record and Return to: E~SEKS. HEFtE~ CUDDY & AN~EI P D T~LD Southold, N.Y. 11971 (516) 765-1938 NEGATIVE DECLARATION May 6, 1985 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 John and_Catherine Simicich is four lots on 11.356 acres located at Mattituck. Tax Map No. 1000-113-7-12. 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 comment from the Department of Environmental Conservation in the alotted time it is ~ assumed that there are no comments or objections from'~hat agency. The Suffolk County Health Department has no objection to our lead agency designation. They have received an application and it is incomplete. It appears that the project can be served by sewer subsurface disposal system, upon adequate subsoil conditions, and an individual water system upon adequate potable water supply. The Department is requesting a new survey showing the entire 30.1 acre parcel. 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 Diane M. Schu~tze,. Secretary, Southold Town Planning Board, Main Roa~, Southold, New York 11971 Copies mailed to the followi,ng; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Commission Francis j. Murphy Charles Cuddy, esq. E$$eKs, HEFTER, CUDDY ~ AnGeL COUNSELORS AT LAW RIVERHEAD, N.Y II901 TELEX-EHCA 68523~8 UW June 14, 1985 Southold Town Planning Board Town Hall Southold, New York 11971 Re: John and Catherine Simicich Dear Diane: Enclosed herewith please regarding the above which #2. find nine copies of the subdivision map shows the southerly easement along lot CRC/ec enc. Very truly yours, harles R. Cud~ LEGAL NOTICE that Puraua ,S, HEREBy GIVEN will be he d by t'~°uc hearings York, in ~a~' ~uthold, Ne~ of Richad ,1 ~aJ°r sU~ivision r lows: ~ ~esc~d as foL g N. merly of C. B~hetti and RUN~ NING THENCE N. 76°39'00'' side of Aldrich Lane and the Containing 13.894 acres. minor su~ivision of John and New York, bounded and schbed as follows: BEGINNING at a ~int which of William Chudiak and which is southerly line of Bergen Avenue Neck Road forming the southeas line of Cox Neck ~ad and thence Neudeck and William Chudiak dis~nces 1) S. 12°19'19'' East 264.67 feet, 2) S. 63°14'01' West, land the following thr~ courses and distances 1) N 33°00'09' West 230.69 f~t; 2) S. 63~14'31' West 505.27 feet; 3) S. 33000'09" red P. Jens and thence aiong [~id last mentioned land S. [: . 51 West 222.12 feet and thence through land now or for- ~erly of John Simicich, Jr., N. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKK~.$ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for nn~ weeks successively, commencing on the 2 7 dayof June 1985 Principal Clerk Sworn to before me this 27 //~/f -~NN M ABATE ,~ ~ ~ ~uffolkCounty No 47~2183 ~TOUNTY OF SUFFOLK ss: ~- I 1985 ATE OF NEW YORK NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of July 1985. on the question of the following: 7:30 p.m. Approv,al of the final maps for the major sub- division of Richard J. Cron at Laurel, in the Town of South- old, County of Suff~lk~and State of New York and bound- ed and-described as follows: BEGINNING at a concrete monument set on the westerly side of Aldrich Lene msrk_~_g the intersection of the souther- · ly line of land now or formerly of Dominick J. Catalano and now or formerly of C. Bo- schetti and from said monu- ment; RUNNING THENCE S. 18° 42' 10" east 328.30 feet tO a point; RUNNING THENCE. S. 19° 48' 40" 6asr 684.86 feet to a point; RUNNING THENCE S. 170°~ 11' 20" ~ west 586.54 feet to land now 0r formerly of Marguerite E. Shelton, Alberta S. Young and ~, RUNNING THENCE along ~' said last mentioned land the · following three, courses and 'distances.: (1) N. 19° 36' 40" west 170,29 feet to a point; (2) N, 18° 49' 40" west 602.09 feet to a point; (3) N. 16° 0~' 20" west 305.12 feet to ~. concrete monument and land now or formerly of Dominick J. Catalano and land now or formerly of C, Boschetti and RUNNING THENCE N. 76° - 39' 00" east 565,58 feet to the westerly side of Aldrich Lane and the uoint or place of BEGINNING. Containing 13.- ~ 7:45 p.m. Approval of the lohn and Catherine Simicich, located at Mattituck, Town of Southold, County of Suffolk, and State of New York, bounded and de; scribed as follows: BEGINNING at a point Which point intersects the southerly line of premises now or formerly of William Chm disk and which is distant 27° 0;3' 06" east 829.41 feet from, the intersection of the souther- · ly line of Bergen Avenue with the westerly line of Cox Neck Read forming the southeaster. ly corner of lands now or formerly of William A. Lind- say, Jr., et. al.; and from said true point of beginning run- ning; S, 12° 19' 19" East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. Neudeck' and William Chudiak the' following two courses and distances 1) S. 12° 19' 19" East 264.67 feet, 2) S. 63° 14' 01" west, 314.66 feet to land now or formerly of James D; Norris Estate; thence along said last mentioned land the following three courses and distances 1) N. 33° 00' 09" West 230.69 feet; 2) S. 63° 14' 31" West 505.27 feet; 3) S. 33~ 00' 09" East 619.82 feet to the northerly line of land now or formerly of Fred P. Jens and thence along said last men- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... f'..., weeks successively, commencing on the ........... . .c~'..~. T.... Sworn to before me this ..................... day of ....... ~ ....... ,19 Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19fg a point; RUNNING THENCE' S. 19° 48' 40" ~ast 684.86 to a point; RUNNI THENCE S. ?0° 11' 20" west 586.54 feet to land now or formerly of Marguerite E. Shelton, Alberta S. Young and RUNNING THENCE along said last mentioned land the following three, courses and distances.: (1) N. 19° 36' 40" west 1'70.29 feet to a point; (2) N. 18° 49' 40" west 602.09 feet to a point; (3) N. 16° 0,3' 20" west 305.12 feet to a'. concrete monument and land now or formerly of Dominick J. Catalano and land now or formerly of C. Boschetti and RUNNING THENCE N. 76° ~' 00" east S65.~g feet to the westerly side of Aldrich Lane and the ~oint or place of BEGINNING. Containing 13.- ~7:45 p.m. Approval of the minor subdivisinu of John and Catherine Simicich, located at Mattituck, Town of Southold, County of Suffolk, and State of New York, bounded and de; scribed as follows:: , ! ~ BEGINNING at a point Which point intersects the ' southerly line of premises now or formerly of William Chu; diak and which is distant 27° 03' 06" east 829.41 feet from the intersection of the souther, ly line of Bergen Avenue with the westerly line of Cox Neck Ro~d forming the southeaster- ly corner of lands now or ' formerly of William A. Lind- ': 'say, Jr., et. al.; and from said true point of beginning run- ning; S. 12° 19' 19" East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land' now or formerly of P. Neudeck' and William Chudi~k the' following two courses and distances 1) S. 12° 19' 19" East 264.67 feet, 2) S. 63° 14' 01" west, 314.66 feet to land now or formerly of James D~ Norris Estate; thence along said last mentioned land the following three courses and distances 1) N. 33° 00' 09" West 230.69 feet; 2) S. 63° 14' 31" West 505.27 feet; 3) S. 33~ 00' 09" East 619.82 feet to the northerly line of land now or formerly of Fred P. Jens and tioned land $... 53o 24' west 222.12 feet and thence through land now or fo~nerly of John Simicich, Jr., N. 33 00' 09" West 934.52 feet to the 'southerly line of land now or formerly of William Chudiak and thence running the follow- along land of Chudiak, Lind- ~ ~ say, and Hogan N. 59° 19' 51." East, 231.90 feet; 2) N. 83° 02' 21" East 93.90 feet; 3) N. 76° 16' 51" East 413.25 feet; 4) N. 67° 22' 51" East 724.07 feet to the point or place of begin- ning. Contalning 11..356 acres. Any person desiring to be should appear at the time and place above specified. Dated: June 24, 1985; BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., , ~, ~' 1T~6/~27/850~) Notary Public BARBARA FORBES Notary Public, ~tata of New York No. Qualified in Suffolk County Commission l~xpires Mv. reh LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Tow~ Law, public hearings will be held by the Southold Town PlanningBoard at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of July 1985, on the question of the following: 7:30 p.m. Approval of the final maps for the major subdivision offRichard J. Cron at Laurel, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a concrete monument set on the westerly side of Aldrich Lane marking the intersection of the southerly line of land now or formerly of Dominick J. Catalano and now or formerly of C. Boschetti and from said monument; RUNNING THENCE S. 18°42'10'' east 328.30 feet to a point; RUNNING THENCE S. 19o48'40,, east 684.86 feet to a point; RUNNING THENCE S. 70o11'20'' west 586.54 feet to land now or formerly of Marguerite E. Shelton, Alberta S. Young and RUNNING THENCE along siad last mentioned land the following three courses and distances:(1) N. 19o36'40'' west 170.29 feet to a point; (2) N. 18o49'40'' west 602.09 feet to a point; (3) N. 16°03'20" west 305.12 feet to a concrete monument and land now or formerly of Dominick J. Catalano and land now or formerly of C. Buschetti and RUNNING THENCE N. 76o39'00', east 565.58 feet to the westerly side of Aldrich Lane and the point or place of BEGINNING. Containing 13.894 acres. ~ 7:45 p.m. Approval of the minor subdivision of John and Catherine Simicich, located at Mattituck, Town of Southold, County of Suffolk, and State of NewjYork, bounded and described a s follows: BEGINNING at a point which point intersects the southerly line of premises now or formerly of William Chudiak and which is distant 27o03'06'' east 829.41 feet from the intersection of the southerly line of Bergen Avenue with the westerly line of Cox Neck Road forming the southeasterly corner of lands now or formerly of William A. Lindsay, Jr., et al.; and from said trw point of beginning running; S.12°19'19" East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. distances 1) S. 12°19'19'' East 264.67 feet, 2) S. 63°14'01" West, 314.66 feet to land now or formerly of James D . Norris Esstate; thence along said last mentioned land the following three courses and distances 1) N. 33o00'09'' West 230.69 feet; 2) S. 63°14'31`' West 505.27 feet; 3) S. 33000'09'' East 619.82 feet to the northerly line of land now of formerly of Fred P. Jens and thence along said last mentioned land S. 53°24'51'' West 222.12 feet and thence through land now or formerly of John Simicich, Jr., N33°00'09'' West 934.52 feet to the southerly line of landnow or formerly of William Chudiak and thence running the following four courses and distances along land of Chudiak, Lindsay, and Hogan N. 59°19'5i'' East, 231.90 feet; 2) N. 83© 02'21" East 93.90 feet; 3) N. 76°16'51'' East 413.25 feet; ~) No 67°22'51'' East 724.07 feet to the point or place of beginning. Containing 11.356 acres. Any person desiring to be heard on the at the time and place above ~pecified. Dated June 24, 1985 above matter should appear BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN PLEASE PUBLISH ONE TIME JUNE 27, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO THE $©UTHOLD TOWN PLANNING BOARD MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies mailed to the following on June 24, 1985: Suffolk Times Long Island Traveler-Watchman Supervisor Murphy Charles Cuddy, esq. Richard J. Cron, esq. To: From: Re: Bennett Orlowski, Chairman Southold Town Planning Board Report No. 510 John W. Davis Date: May 27, 1986 Access Road for J. Simicich & Katherine Simicich, Minor Subdivision at Mattituck Comments: 5/13/86 Made inspection of road beyond first 600 L.F. follows: (See report no. 497) as Distance from Cox Neck Road Depth of Surface Course Road Width 700 ft. 3" 16 ft. 800 ft. l~" 16 ft.± 900 ft. 1~" 17 ft.± 1000 ft. 2" 16 ft. Il00 ft. 2~" 16 ft. 1200 ft. 3" 16 ft.~ 1250 ft. 1~" 16 ft. In addition to correcting the depth of the recycled concrete (3 areas as shown above), there was additional work to be done on the shoulders. 5/23/86 I went over the road length with A. Foster and showed him where the addit- ional work was required. He said he would make the corrections that day. Some additional top course material was stockpiled on the site. 5/27/86 I inspected the access road today. The additional work has been done and I would recommend approval of the access road. John W Davxs T LD Southold, N.Y. 11971 (516) 765-1938 April 4, 1985 Mr. Charles R. Cuddy Attorney at Law Esseks, Hefter, Cuddy, and Angel 108 E. Main Street Riverhead, NY 11901 Re: John and Catherine Simicich minor subdivision Dear Mr. Cuddy: The following actions were taken by the Southold Town Planning Board, Monday, Aprilil, 1985. RESOLVED that the Southold Town Planning Board declare themselves lead agency with regard to the State Environmental Quality Review Act for the minor subdivision for John and Catherine Simicich located at Mattituck. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of John and Catherine Simicich located at Cox Neck Road, Mattituck for 4 lots on 11.356 acres, map dated as last amended January 23, 1985. Upon receipt of three copies of the survey endorsed by the Suffolk County Health Department pursuant to Article 6, we will schedule a public hearing. If you have our office. any questions, please don't hesitate to contact Very truly yours, · ~ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary T LD Southold, N.Y. 11971 (516) 765-1938 June 27, 1985 Mr. Charles R. Cuddy Esseks, Hefter, Cuddy and Angel Attorneys at Law 108 E. Main Street Riverhead, NY 11901 Re: John and Catherine Simicich Dear Mr. Cuddy: The following action was taken by the Southold Town Planning Board, Monday, June 24, 1985. RESOLVED that the Southold Town Planning Board set July 8, 1985- at 7:45 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of John and Catherine Simicich located at Mattituck. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Sehultze, Secretary enc. DESCRIPTION MINOR SUBDIVISION JOHN SIMICICH, JR. AND CATHERINE SIMICICH ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which point intersects the southerly line of premises now or formerly of William Chudiak and which is distant 27 degrees 03 minutes 06 seconds east 829.41 feet from the intersection of the southerly line of Bergen Avenue with the westerly line of Cox Neck Road forming the southeasterly corner of lands now or formerly of William A. Lindsay, Jr., et al.; and from said true point of beginning running: South 12 degrees 19 minutes 19 seconds East a distance of 153.57 feet along the westerly line of Cox Neck Road and thence along land now or formerly of P. Neudeck South 77 degrees 40 minutes 41 seconds West a distance of 250 feet; and thence continuing along land now or formerly of P. Neudeck and William Chudiak the following two (2) courses and distances (1) South 12 degrees 19 minutes 19 seconds East 264.67 feet, (2) South 63 degrees 14 minutes 01 second West 314.66 feet to land now or formerly of James D. Norris Estate; thence along said last mentioned land the following three (3) courses and distances (1) North 33 degrees 00 minutes 09 seconds West 230.69 feet; (2) South 63 degrees 14 minutes 31 seconds west 505.27 feet; (3) South 33 degrees 00 minutes 09 seconds east 619.82 feet to the northerly line of land now or formerly of Fred P. Jens and thence along said last mentioned land South 53 degrees 24 minutes 51 seconds west 222.12 feet and thence through land now or formerly of John Simicich, Jr. North 33 degrees 00 minutes 09 seconds West 934.52 feet to the southerly line of land now or formerly of William Chudiak and thence running the following four (4) courses and distances along land of Chudiak, Lindsay and Hogan (1) North 59 degrees 19 minutes 51 seconds East 231.90 feet; (2) North 83 degrees 02 minutes 21 seconds East 93.90 feet; (3) North 76 degrees 16 minutes 51 seconds East 413.25 feet; (4) North 67 degrees 22 minutes 51 seconds East 724.07 feet to the point or place of beginning, c~ 3 ESSEKS, HEFTER, CUDDY & ANGEL COUNSELO;~S AT LAW (516) 369-1700 June 7, 1985 Southold planning Board Town Hall Southold, New York Attention: Diane Re: John and Catherine Simicich Dear Diane: Pursuant to my secretary's telephone conversation with you, we are enclosing one copy of the minor subdivision map of John and Catherine Simicich with the Health Department approval placed thereon. It is my understanding that this is the only document necessary in order to place this matter on for a public hearing. Kindly advise this office as to the date and time of said public hearing. Thank you for your cooperation in handling this matter. Very truly yours, Charles R. Cuddy~/ CRC/ec encs. Southold. N.Y. 11971 (516) 765-1938 April 5, 1985 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of John and Catherine Simicich. 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. -._ .... May we have your views on this matter. Written comments on this project will be received at this office until April 19, 1985. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act% and our agency will assume the status of lead agency. Yours truly, BENNETT ORLOWSKI, JR. CHAIRSL~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services PL'AN~ NING~BOARD TO~N OF., SOU~HOLD SUFFOLK:COUNTY Southold, N.Y. 11971 Richard Ward KennethilEdwards BENNETTORLOWSKI. Jr., Chairman GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 April 5! 1985 TELEPHONE 765-1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) John and Catherine Simicich Hamlet Mattituck Tax Parcel Identifier No. 1000 - 113 - 07 - 12 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: Very truly yours, WAIVER OF SUBDIVISION REQUIREmeNTS (Map of) (Minor Subdivision-) Hamlet or Village Mattituck JohJ and Catherine Simicich The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Topographic M~p X Drainage Plan X Grading Plan X Landscape Plan X Other (describe) 1) b~nor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed X d) Other (describe) X ],,ST" ~?CTIOHS: ~ ..... Lhc~ the prcpo:'er wi}l uso curren¢ly avoiloble in[orc~o~on concerning ~projecL ond Lho lihely zmpoc~s o~ ~he acLion. ]~ is no~ expected oddiLi~o] s~udie~, re:;~rch o~ o~her ~nves~igo[ions will be unde~ake~ (~' If any quer,~ion has been answered Yes ~he project may be ~ignlficanL and o completed Environmen%a! Assessmen¢ Form is necessary. (c) If all questions have been ~nswered 1~o i% is likel'y ~ha~ ¢hi~ project ~s not significant. ~ t~'~i p:'ojac~ zesuZ~--~n a ~arga physical change · - to ibc project sile or physically a!ter more %J~,:n 10 acre~ of lon¢~? ................... _ YesX · u~,u~uol laad (ezra found on the si~e? ...... YosX ~ ~ ~5,X existing body of wot.r: .................. y ' ' - ........... ' ' on grounawazor quo!lty? .......... ' 5. I';il1 project slgnlflccntly el'feet drainage .... - flow on adjacent -'4 -e YesX ' g. Will project effect any ~hreotaned or ' endonoarad plant or animal species? .... Yes~' Nc : ~ oi: q~z:t>.? ........... . ..... ' ' '" ' ' ' "''"- : Y~:X ~: 8. Will prnject he:va o major effect on visual character of thc coramuni%M or scenic view5 or v~slos known to'be important ia the commu;]iiy?_ 'Yes_x ~. %'1ill project odver~e!), impact on7 ~* ' . 5iruclure of historic, prchls~oric poleonlo!ogicol importance ~r any si. to " dgsign~tcd os o crilico! environmental oreo by a local agency? ............ ~:...~-~..v...-.~..~..~-_ Ycs~ J'Jc 10. ¥1ill pl'oj~c~ have a major c[fec~ on exis¢ing or future recrca%ionn] opportunities? ......... Yes X Nc 11.' %'/il! projec~ rcsul~ ~n .~ajor ~raffi'c problcms .... eL coL, ne o major off cc% ia existing 12. Will pro joel .regularly cause ob joe{ignoble - odors, noise, glare, vibration, or electrical ali=turbonet os o rcsu!~ of the project's opera [ion? ......... '. . ~s. wzzz m'oj~t ',~ o?>"x%;~°~'°~'ph,~ZiC'fi&Ai[~ Nc or .safety? .......... directly cabsing a growth in permanent J)op.lo~ion of more thom 5 perco{~t over o one On tile chol'g~cr o~ tb~ community or 'gl ' ~Cl ~uor load? ................. ~'es ]5 ................ -.. - ]5 there public controversy co,,cerning the X No Yes X PREP/d:EP.'S SIG;IATU~,E REPP, ESEt~TI John Simicich, Jr. and Catherine DATS. February 5, 1985'. Simicidh , WILLIAM W. ESSEKS MARCIA Z. HEFtER CHARLES R. CUDOY STEPHEN RANGEL ESSEKS, HEfTER, CUDDY ~x ANgel IO8 EAST MAIN STReet February 6, 1985 WATER MILL OFFICE ~IONTA U K H~G hWAY ~ 0 Box 570 WAteR M~-l, NY H976 (516) 726-6633 Planning Board of the Town of Southold Town Hall Southold, New York Re: Subdivision of John & Catherine Simicich Dear Board Members: Enclosed herewith, in connection with the abOve captioned matter, please find the following doucments: 1) 12 copies of the survey. 2) Short Environmental Asseasment Form. 3) Check in the amount of $100.00 4) Letter regarding drainage, grading and, road construction, 5) Legal description of property. ~annexe~ to application) Kindly place this matter on the Planning Board's next meeting and advise this office as to the date of the hearing. Should you require any additional information, please advise. Very truly yours, Charles R. Cuddyt/ t CRC/ec eric. Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: John Simicich, Jr. and Catherine Simicich The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) (3) No new roads are proposed and no changes will be made in the grades of the existing roads. No new drainage structures or alteration of existing structures are proposed. Yours truly, John Simiclch, Jr. Catherine Simicieh NEGATIVE DECLARATION May 6, 1985 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 John and_Catherine Simicich is four lots on 11.356 acres located at Mattituck. Tax Map No. 1000-113-7-12. 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 p~gject be implemented as planned. Because there has been no comment from the Department of Environmental Conservation in the alotted time it is assumed that there are no comments or objections from 'that agency. The Suffolk County Health Department has no objection to our lead agency designation. They have received an application and it is incomplete. It appears that the project can be served by sewer subsurface disposal system, upon adequate subsoil conditions, and an individual water system upon adequate potable water supply. The Department is requesting a new survey showing.the entire 30.1 acre parcel. 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 Diane M. SchuYtze,. Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 COUNTY OF SUFFOLK PETER F. CONALAN SUFFOLK COUNTY EXECUTIVE /IPR 1 ? 1085 DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. Date ~/--/~'- We are in receipt of your letter dated~,~¢5"-concerning~ the above referenced project. This Department has no objection to your designation of lead agency status. This Department is in agreement with your initial detemination. This Department does not agree with your initial determination. See Conments. 4. Insufficient information is available for technical comments. 5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) This Department has received an application and it is: Complete ~'Incomplete ~' ~"'~/~-~ Other: It appears that the project can be served by: ~Sewage Disposal System Sewer System and Treatment Works ]~Subsurface Sewage Disposal System(s)c-~'~"~--'i~"~//.~/'~'''~ ' Other: COUNTY CENTER 548-3318 DEPARTMENT OF PLANNING (516) 360-5207 6 April 15, 1985 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - John Simicich Jr. and Catherine Simicich S/wly/s of Cox Neck Road, 829.41' s/e of Bergen Avenue, Mattituck. Dear Mr. Orlowski, Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: 133-NJ-85-11 CGL:Jk 11788 APPLICATION FOR APPROVAL OF PLAT To the Planning Board o£ the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .]~il:lOr..$.~bf~.J,y.:i,$.i.q.n..p.1..a.n.. p.r..ep..a.r..e.d...f.o.~ ................ .~.o.~n..s.~..m.~. ?.~.?~:..q.~.... ~ .~.d.. 9.~..~ .~?...S..~.m.~..~.~..~ .................... The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk Count)' Clerk's office as follo~vs: Liber .. 9.56.6 ................ Page ....4.4.7 ............... Liber ........................ Page ...................... On May 22 ..~.~ ...... : 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 ... %1...35.6 ...... acres. fi. All taxes which are liens on the land at the date hereof have been paid e~X ............ one (]) 7. The land is encumbered by .............................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber .... 1..0.1..2.1.... Pa,~e ........ .../492 .......in original amonnt of $. 2.49.,492, .Q0unpaid amount $ .... ~3~, ~9Z,0~... hehl by . ?.i..1.1..i.a..m..C..h.u..d.i..a.k and A~e...Chu..a.~..~.. address ...... S..e.r.~ .~..~. ~e. 9~.e.'. · ~.~.~..%~..u.~?. :.. ?¥..~. ?.Y~.' ......... (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... Mortgage recorded in Liber .............. Page ................ in original amount .............. unpaid amount $ .......... ' ............ held by ...................... ................... address ......................................................... there are no other encumbrances or liens against the land ~.[{l:x ........................ The land lies in the/ollowing zoning use districts ....................................... i,' No part of the land lies under water whether tide water, stream, pond xvater or otherwise, 1 I The applicant shall at his expense install all required public improvements. 11 The land (lffl~x)~ (does not) lie in a Water District or Water Supply District. Name o{ Dis- trict, if within a District, is ............................................................. %Vater mains will be laid by ........................................................... and (a) (no) charge will be made for installing said mains. Electric lines and standards will be installed by .... }~i].cO ....................... ~ ...... ..................................... and (a) (no) charge will be made for installing said lines. Gas mains will be installed by ........ ..................... : .............................. and (a) (no) charge will be made for installing said matns. 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. If streets shoxvn 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. There are no existing buildings or structures on the land which are not ~cated and shown on the plat. 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. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. ii!. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". ' e applicant estimates that the cost of grading and required public improvements will be :; ......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless other~vise shown on Schedule "F". .... 19..~ John Simicich Jr. and Catherine Simi- .................................................. cich (Name of App~Jcant) ~(Signature and Title) ?/ · ...Camp..Mine.ola. Ro~d,..Mat ~it~¢g ~..New York (Address) STATE OF NEW YORK, COUNTY OF .... .S~ .f.f.Q ~.k .................. ss: On the .... /./.k]~ ...... day of ...... .F.e..b.r.?.a.r..y ............. 19...8..5., before me personally came JolYn Simicich, Jr. and to me known to be the individual descrihed in and who Cafitferzne gzm~.c zc}{ executed the foregoing instrument, and acknowledged that ... ttle.y.., executed the same. Notary Public STATE OF NEW YORK, cOUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ......................... to me known, ~vho 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 foregoiug instrument; that ............ kno~vs the seal of said corporation; that the seal affixed hy order of the board of directors of said corporation· and d~at ............ signed .............. name thereto by like order. Notary Public /: now ThorntOn now or formerly ',~ john Sim/cch, Jr. ~ t or formerly chudiOk williOm Lot 4 AreO= 2.329 Acre5 '~ now " ' --::::'-::'--:'.:".,i.."'.' ,.o~. ~--~' R/gM S 65 °14 '$ I "~ or fo W/ ///bm I~ 67~ 22 ~$/ "E Area 46~'7, 505. 27 ' % ,4. L/~Tdsay , Jr et al BERGEN AV~NU~ ROW or Ph/ll/p .~ Horn now or former/y James D. Norris ~sfate COW or Wi/l/dm or former, ly E. smift) formerly Fred et or al THE WATER SUPPLY AND SEWAGE DISPOSAL COMPLY WITH THE STANDARDS AND OF HEALTH. COONTYpEPARTMENT LOCATION MAP NOTE: I. · = MONUMENT S, TOTAL AREA ~- U.356 ACRES 4 SUFFOLK COUNTY TAX MAP: 5. CONTOURS~ELEVATIONS~ANO LINE OF WOODS SHOWN HEREON, ARE FROM "TOPOGRAPHICAL THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS. MINOR SUBDIVISION PLAN PREPARED FOR ~OHN SlMICICH dR. & CATHERINE SIMICICH AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW ,SCALE : I" I00' JUNE .4, 1984 DEC. 1~,1984 JAN. NO. YORK FILE NO.I%'55-ND"- BS- [[ SUFFOLK CO. PLANNING DEP'I SUB,D REVIEW SECTION ' A?~L ~t~lOSS BY: no,/ or formerly william chudiOk .% po~V or formerly john s~micich, Jr. Et '~ Lot $ Area = 2.3 Cotherine $imi¢ich formerly or now E. smiti~ ThorntOn et Fred I~ formerly or now Lot 4 Area = 2.329 Acres ol ~EFCGEA/ ~VE7VUE' now or f~rmerly W/ID~Tm ~. L~hdsay, Jr et al Phillip M Hogan now or former/y now or far. re James D. Norris Estole Will/dm Chudiok THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WiTH THE STANDARDS AND REQUIREMENTS OF 1;RE SUFFOLK COUNTY DEPARTMENT HOWARD W YO~, N.Y 8j~.S. LIC.NQ4589~ 1 LOCATION MAP NOTE ~ l. ·: MONUMENT 2 ~, = STAKE 5. TOTAL AREA -~ ILS56 ACRES 4. SUFFOLK COUNTY TAX MAP~ SUFFOLK COUNTY DEPARTMENT OF H~LTH SERVICES JUN 04 1985 Thls is to cerfiF~ and sewage dlsposal ~or in the with a total o MINOR SUBDIVISION PLAN PREPARED FOR Sanitary Code· Director of Envlrenmemd'NI JOHN SlMIClCH JR. & CATHERINE SIMIClCH AT MATTITUCK TOWN OF SOUTHOLD SUFFOLKCOUNTY, NEW SCALE I" I00 ' JUNE 4., 1984 DEC. I'~ , 1984' ,JAN. 2~, 1985 NO. 84- 544 YORK ALDEN W. , tEAD, N.Y. ~ L.S, LIC. NO. 12845. ..S. LIC. NO. 4589S, william formerly c#udiak or now E. ThOrnlOn flo~l or forr~erJY john simicich, J~ g~ Catherine $imiai~h forme[lY smith Area" 2.569 Acres et uene Fred t~ formerly now N, 65 ,..,. ~ Hi,hi \ ~$3o/4'31"~ Area = 2 $29 AcreS'J. %. al . ,, ,, / Lo7 2.- · , Arep- WMIibm ,4. L/~dsay, Jr et al oow or formerly James D Norr/$ Estote BERG~:N AVEAIU~ 505. THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITI COMPLY WITMTHE STANDARDS AND REQUIREMENTS, OF HEALTH· Lo/ / · Areo= 2. 001 Acres ,/i~ ~ o ... _ _ iI J~ now or forrr~r/y W//hdm Churl~ok '~/VeUdec~. ROW or Phl?ll~ II~ Hogan J t '~ IVeude~h Right of 'ELOPMENT LIC.NO 45895 -EXisting ~0' Right of Woy LOCATION MAP NOTE = I · = MONUMENT 2. ~, = STAKE S TOTAL AREA ~- 11.556 ACRES 4. SUFFOLK COUNTY TAX MAP= DIST.J.Q~..G-- SECT I1~ BL-~Z- LOT -Lg.- B. CONTOURS~ELEVATIONS~AND LINE OF WOODS SHOWN HEREON~ ARE FROM "TOPOGRAPHI.~AL MAP- FIVE EASTERN TOWNS :~ PREPARED FOR THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS. APPROVED BY PLANNING BOARD TOWN 0[: SOUTHOLD (~'Y~¢ ,1~ ./ ~(: MINOR SUBDIVISION PLAN PREPARED FOR JOHN SIMICICH ,JR. CATHERINE SIMICICH AT MATTITUCK TOWN OF SUFFOLK SCALE = I SOUTHOLD COUNTY,NEW = I00' JUNE 4, 1984 DEC, 14,1984 JAN 23, 1985 MAY 28 , 1985 ,JUNE 7,.1985 YORK ALDEN W. YOUNG, N.Y.S. RE. & L.B. LIC. NO. ISS45. HOWARD W. YOUNS~ N.Y.S L.S. LIC. NO. 4589.'5. NO. 84- 544