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FURTHER sue - ~V.'QE.Q..,- .
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;::.. ,..ef'._,e,_" F:ebruClr4 '3. f9'75.
AMU'DC:.... ~T~B.2,197G) ~Ov..... 19""
flevatiot15 $ HOWrI Jaf1. /7.1975.
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srCT~ON ~~fHE-HfW-Y~~~
EDUCATION I.AW.
COFlfS OF Ti.,I$ SURVEY MAP NOT BEARING
TH~ l^~O SU;'.I/n'o~'s iNIGD SEAL OR
EMeO~S':D seAL sr;/oLL NOT 1>( CONSIDERED
TO BE A VA~:O n.l'E COPY,
GUA-~Ar~ms :~~DiCAT,~ Im~mN SHAlt RUN
ONLY T:/ Tii[ ,-'o':SO;~ FGil. WHOM THE SURVEY
1$ PREf/<.f,W,A,;..;D Ci~ 1-::5 llEHALF TO THf
TITLe Cc.MrM~Y, ':;CV2R!W.cNTAL AGENCY AND
HN&/NG INST'TUIJON L'STED HEREON AND
.To'ni~ ASSIGNEES Of ;H1: lfNOING ~STl.
'JUlION; GUAl:ANlnS\!-II:~NOT TRANSJ:cRABU C
TOADDnrO~A1~~TlTUTlqNS OR SU~
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November 16, 1976
Charlis R. Cuddy, Esq.
Tooker, Tooker & Esseks, Esqs.
P. O. Box 268
Riverhead, New York 11901
Dear Mr. Cuddy:
The following action was taken by the Southo1d Town
Planning Board at a regular meeting held November 15, 1976.
RESOLVED to authorize the Chairman to sign the map of
the minor subdivision of John Simicich.
I enclose copy of signed map.
Yours 1;%'I.\1y,
Muriel Brush, Secretary
Enclosure
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DECLAl<.ATION made this 16th day of May, 1975, by
JOHN SIMICICH, JR., residing at Camp Mineola Road, Mattituck,
New York, and JOHN SPICEJARIC, residing at 876 54th Street,
Brooklyn, New York, hereinafter called the "Owners";
WHEREAS, the Owners have title to certain lands
situate, lying and being in the Village and Town of Southold,
County of Suffolk and State of New York, said lands hereinafter
being more particularly described; and
WIlliREAS it is the Owners' intention that the
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aforesaid lands be subdivided into a minor subdivision consisting
of not more than three (3) residential lots;
NOW, THEREFORE, the following described lands shall
be restricted as hereinafter set forth:
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ALL that tract or parcel of land, situate in the
Village and Tmvn of Southold, County of Suffolk and State of
New York, bounded and described as follows;
BEGINNING at a concrete monument set on the northerly
line of Main Road at the southwesterly corner of the land of
Ollie Overton and being the southeasterly corner of the premises
herein described; running thence along said northerly line of
Main Road South 820 04' 30" West 117.09 feet to a concrete
monument and land of Scopaz; thence along said land of Scopaz,
niTO courses as follows: (1) North 70 44' 40" Hes t 310 feet;
thence (2) South 830 51' 20" West 75 feet to land of H.
Albertson; thence along said land of H. Albertson North 70 38'
10" West 622078 feet to a concrete monument and land of Long
Island Railroad Company; thence along said land of Long Island
Railroad Company North 710 22' 40" East 165.39 feet to a railroad
rail monument and land of Ollie Overton; thence along said land i
of Ollie Overton South 90 26' 00" East 966.14 feet to the point
or place of beginning.
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DECLARANTS do hereby warrant, covenant and represent
that on approval of the aforesaid described lands as a minor
subdivision by the Planning Board of the Town of Southold, no
further application will be made to that Board or to any other
Board in the Town of Southold to further subdivide any of the
lots set forth in said minor subdivision, except as provided
by lawo
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DECLARANTS do hereby further warrant, covenant and
represent that the foregoing restrictions and agreements shall
bind the undersigned, their heirs, successors and assigns, and
any and all person or persons who shall succeed to the ownership
of any of the lots shown on said aforedescribed premises in
said minor subdivision by transfer or otherwise.
IN WITNESS WllliREOF, the Declarants have caused their
hands and seals to be affixed this 139 JtJ-<-,day of May, 1975.
(John
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STATE OF NEW YORK)
) ss. :
COUNTY OF SUFFOLK)
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On the /0' day of May, 1975, before me personally
;: came JOHN SIMICICH, JR., to be known and knmvn to me to be the
individual described in and who executed the foregoing instrument
and acknowledged to me that he executed the same.
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DOPOHIY }.\. BOYD
NOT !\RY ['1 J31.1C, SI(1ls of Nf')W York
STATE OF NEW YORK)
) ) ss. :
COUNTY OF k IJ~.s, )
Hn Y) -C>:il/,61.')
Cl,(]!i!'~llJ in ;:'u:fd~,: C1!ll1ty
(omnOl:,:ion blJire:. Murcll 30, 1977
On the 1:5~ day of May, 1975, before me personally
came JOHN SPICEJARIC, to me known and known to me to be the
individual described in and who executed the foregoing
and acknowledged to me that he executed the same.
instrument
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DECLARATION made this 16th day of May, 1975, by
JOliN SIMICICH, JR., residing at Camp Mineola Road, Mattituck,
New York, and JOHN SPICEJARIC, residing at 876 54th Street,
Brooklyn, New York, hereinafter called the
HHEREAS, the CAmers have title to
"Owners"-
,
certain lands
situate, lying and being in the Village and Town of Southold,
County of Suffolk and State of Ne,oJ York, said lands hereinafter
being more particularly described; and
HHEREAS, it is the Owners' intention that the
aforesaid lands be subdivided into a minor subdivision consisting
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of not more than three (3) residential lots;
NOH, THEREFORE, the following described lands shall
be restricted as hereinafter set forth:
ALL that tract or parcel of land, situate in the
Village and Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a concrete monument set on the northerly
line of Main Road at the southwesterly corner of the land of
Ollie Overton and being the southeasterly corner of the premises
herein described; running thence along said northerly line of
Main Road South 820 04' 30" Hest 117.09 feet to a concrete
monument and land of Scopaz; thence along said land of Scopaz,
two courses as follows: (1) North r 44' 40" \-Jest 310 feet;
tbence (2) South 830 51' 20" \-Jest 75 feet to land of H.
Albertson; thence along said land of H. Albertson North 70 38'
10" \-Jest 622.78 feet to a concrete monument and land of Long
Island Railroad Company; thence along said land of Long Island
Railroad Company North 710 22' 40" East 165.39 feet to a railroa
rail monument and land of Ollie Overton; thence along said land
of Ollie Overton South 90 26' 00" East 966.14 feet to the point
or place of beginning.
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DECLARANTS do hereby warrant, covenant and represent
tbat on approval of the aforesaid described lands as a minor
subdivision by the Planning Board of the Town of Southold, no
further application will be made to that Board or to any other
Board in the Town of Southold to further subdivide any of the
lots set forth in said minor subdivision, except as provided
by law.
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DECLARANTS do hereby further warrant, covenant and
represent that the foregoing restrictions and agreements shall
bind the undersigned, their heirs, successors and assigns, and
any and all person or persons who shall succeed to the ownership
of any of the lots shown on said aforedescribed premises in
said minor subdivision by transfer or otherwise.
IN WITNESS HHEREOF, the Declarants have caused their
hands and seals to be affixed this)..?- /?""'day of May, 1975.
~j0 ~"iA~e~"J.
--C\John Simicich;-Jr:) / '
'< '0--vt,^---j;t~ 'lv)S~L-
V (John picejaric)
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STATE OF NEW YORK)
) ss. :
COUNTY OF SUFFOLK)
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On the /6 Z'day of May, 1975, before me personally
came JOHN SIMICICH, JR., to be known and known to me to. be the I
individual described in and who executed the foregoing lnstrllmen
and acknowledged to me that he executed the same.
~~C-~ 2.7 ~~7~
(/ v
DOROTHY hi BOYD
NOT/-\RY PUSLlC, Slale of r-J9W York
No 52-D37(,615
Ql'olified in Su:fdk County
CO!l'1mi,~ion Expiles March 30I 1977
STATE OF NEW YORK)
) ) ss. :
COUNTY OF /c'IVGS.)
On the I~ day of May, 1975, before me personally
came JOHN SPICEJARIC, to me known and known to me to be the
individual described in and who executed the foregoing instrllmen
and acknowledged to me that he executed the same.
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A.or.... E\fA~UE,L A. HERZ
l' f'l1hl1C. ~l'lle .: Kew York
No. 24-1777350
Q"alifieJ;, K" .
Ce {'f! 1 . ln~, (,):"ltV
C<,~~.r ~ ca:e filed in KilO"" He,,_ 7]
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. '.;J're~ M...rch 30. 19......
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1.
G copies sketch plilll received
spot elevations /
sent to Planning Board
2.
3.
4.
Meet with Planning Board
Required changes Dent in \1ri tLrg /rr/7s 7' l
New submission received ;{//7."
07)?-S /j-: /0 c;-./z# ..-"-;)c.-
Approval of sketch plan
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Sent letter with resolucion 2pproving
Application and fee ('ii>lO per lot)
If corporation, affidavit of o\'inership
G cop,ies of final map
Covenants and restrictions
Description of property
Note on plat that sanitation and c;ater LicilitL<
meet. County Board of Health specH'ica1;ions
Developer attend meeting (officidl submission)
8.
Public Hearing (wi trlin 45 days)
Advertised / Affidavits of publication receivec
9.
Action by Planning Board (within L5 days)
10.
Sent to County Plalliling Commission
Received County's recommendations
n.
Filed covenants and restrictions received
12.
Authorization and signing of map
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Page 1 ofl
Hahn Realty Marion R. King Realty
Phone: 631-477-0551 Phone: 631-734-5657
Fax: 631-477-2416 Fax: 631-734-7955
Email: sales@hahnrealty.com Email: broker@marionking.com
Listing Number: 4043
Area: Southold SubArea: Off the Water Waterfront:
Bedrooms: 3 Bathrooms: 2 Style:
Basement: full Square Foot: 1,600 Size of Lot:
Levels: I Ale: No Heat:
Pool: No Heated Pool: No Garage:
Jacuzzi: No Hot Tub: No Fireplace:
Tennis: No Taxes: $4,800.00 Rental Term:
Sale Price: $415,000.00 Rental Price: $0,00 Land Price: $0.00
Notes: Southold Exclusive, very private 3 bedroom 2 bath ranch on 1.3 acres with room for expansion and pool.
Eat-in-kitchen, family room with vaulted ceiling and skylights, living room with fireplace, dining room, 3
bedrooms, 2 baths.
All information furnished is from sources deemed reliable and is submitted subject to errors, omissions, change of price, rental or other conditions, prior
to sale, lease. refinancing or withdrawal without notice.
No
ranch
1.3
oil hot water
2
yes
http://test.hahnrealty.com/User/fullbrochure.cfm?LST=O%2E66698527
8/27/02
8) Horses and domestic animals other than household pets, provided that such animals shall
not be housed within forty (40) feet oflll,1y lot line. Housing for flocks of more than
twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line.
(b) The keeping, breeding, raising and training of horses, domestic animals and fowl
(except ducks )EN(l) on lots of 10 acres or more.
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Southold. N.Y. 11971
(516) 765-1938
June 6, 1984
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Ms. Elizabeth A. Cannazaro
Riverside Homes, Inc.
P.O. Box 274
Riverhead, NY 11901
Re: Access road within the subdivision
of John Simicich
Dear Ms. Cannazaro:
The fOllowing action was taken by the Southold Town Planning
Board at the regular meeting of June 4, 1984.
RESOLVED that the Southold Town Planning Board approve
the access road report of John W. Davis, field inspector,
No. 364 recommending approval of the access road
within the minor subdivision of John Simicich located
at Southold.
Enclosed is a copy of that report for your review.
Very truly yours,
enc.
ce: Building Department
with enclosure
BENNETT ORLOWSKI, JR., CHAIRMAN
~UTHOLD TOWN PLANNING BOARD
~D",~) cLnco
y Diane M. SChUl~ Secretary
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MAY 1 G 1984
Bennett OrloWSki. Jr., Chairman
Southold 'lbwn Planning Board
Rapar t No. 364
FROM: John W. Davis
Da te : May 15. 1984
RE: MINOR ~BDlvrSION 108 of JOHN SIMICICH AT SOU'lHOID
FINAL ACCEPTANCE OF ACCESS Ra.\D
COMMENTS :
I inspected the above acoess l"))ad today as requested.
All of the reoolmlendatiolJll noted in Rapcrt No. 351 have been cbne. 11Ie
stone blend top course is now acceptable as to depth and Width and t18 ungraded
shoulder area has been corrected.
I recollllnend approval of the above access road.
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Southold. N. Y. 11971
(516) 765-1938
May 14, 1984
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Dear Mr. Davis:
We are in receipt of a request for a final inspection
prior to a c/o issuance for the subdivision of John Simicich
located at Southold, minor subdivision No. 108.
Enclosed is a copy of a map for your review, along with
the letter requesting such inspection.
Thank you for your assistance.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
~UTHOLD TOWN PLANNING BOARD
;;;p.e~ 0 ^ tDlo~ i r'vi d../rl./J
By Diane M. Schultze, s~aretary
enc.
MAY 14 1984
Riverside Homes, Inc.
1159 West Main Street
Riverhead, N. Y. 11901
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P. O. BOX 274
Phone, 516 . 727-3395
May 11, 1984
Plarming Board
Main Road
Southold, New York 11971
RE: Minor subdivision 108, John Simicich at Southold
Gentlemen:
With regard to this minor subdivision, please be advised that in connec-
tion with our construction of a home for Mr. and Mrs. Dolomite. we have com-
plied with your engineer directive, report No. 351. dated March 31. 1984.
The lot is now ready for your inspection for C/O issuance.
May we hear from you as quickly as possib~e.
Sinqerely,
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Elizabeth
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A. Cannazaro
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Southold. N.Y. 11971
(516) 765-1938
April 10, 1984
Ms. Elizabeth A. Cannazaro
Riverside Homes, Inc.
P.O. Box 274
Riverhead, NY 11901
Re: Minor subdivision No. 108
John Simicich at Southold
Dear Ms. Cannazaro:
The fOllowing action was taken by the Southold Town
Planning Board at a regular meeting of April 9, 1984.
RESOLVED that the Southold Town Planning Board accept
Inspector John W. Davis' report No. 351 with regard
to the access road within the subdivision of John
Simicich at Southold.
A copy of that report is enclosed for your review; if
you have any questions, please contact this offfice.
Very truly yours,
HENRY E. RAYNOR,JR., CHAIRMAN
SOUTHOLD TOW~LANNING ~RD
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Southold. N.Y. 11971
(516) 765-1938
March 29, 1984
Mr. John W. Davis
sterling Road
Cutchogue, NY 11935
Dear Mr. Davis:
Our office is in receipt of a request for a final
inspection on the right of way within the subdivision
of Simichich located at Southold.
This inspection is necessary for him to obtain a building
permit.
Would you please inspect the right of way and supply
our Board with a report as to the condition.
I have enclosed a copy of the map of this subdivision.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, SEcretary
enc.
Riverside Homes, Inc.
P. O. BOX 274
1159 West Main Street Riverhead, N. Y. 11901
Phone, 516 - 727-3395
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March 28, 1984
Planning Board of South old
PO Box 728
Southold, New York 11971
Re: Property of Mr. and Mrs. Vincent Dolomite
Simtech Subidivision No. 108
Gentlemen:
This is to request a final inspection on the right of way for
the captioned property under 280A.
May we have your comments as
qUickly as possible.
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Southold, N.Y. 11971
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILUAM F. MULLEN, Jr.
TELEPHONE
765-1938
August 26, 1983
Mr. Victor Lessard
Building Administrator
Southold Town Hall
Southold, New York 11971
Re: John Simicich/Dolomite
right-of-way
Dear Mr. Lessard:
The fOllowing action was taken by the Southold Town
Planning Board, Wednesday, August 17, 1983.
RESOLVED that the Southold Town Planning Board accept
Inspector John W. Davis' report #302 regarding improvements
to the access road within the subdivision "John Simicich",
located at Southold.
A copy of the above report has been attached for your
review.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Attch.
cc: Riverside Homes, Inc.
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OFFICE.' GF> 0 TtORNEY
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TOWN b . \soU OLD
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425 MAIN ST.
GREENPORT, Lt, NEW YORK 11944
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ROBERT W. TASKER
Town Attorney
TELEPHONE
(516) 477.1400
AUG 25 REC'O
August 23, 1983
Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Minor Subdivision of John Simicich
Dear Henry:
In response to your letter of July 12, 1983, and the file of the
Planning Board approving the subdivision, sent to me on August
12, 1983, you ask that I advise the board as to who should be
responsible for the cost and the improvements of the right of way.
Section 280-a of the Town Law provides that before a building
permit shall be issued the street or highway shall have been
suitably improved to the satisfaction of the Planning Board. The
statute contains no provisions as to who is to be responsible for the
cost of such improvement. It merely requires the Planning Board to
satisfy itself that the street or right of way is suitable improved. It
would, therefore, seem to me that the question of whether or not
the original developer or the present lot owner should pay for such
improvement is a question that must be resolved between the two of
them. I do not believe that such a question is of concern to the
Planning Board unless it imposed the responsibility on one or the
other party at the time that the subdivision was approved in 1975.
Yours very truly,
.dZ
ROBERT W . TASKER
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ROBERT W. TASKER
Town Attorney
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TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.r., NEW YORK 11944
AUG 25 REC'O
August 23, 1983
Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Minor Subdivision of John Simicich
Dear Henry:
In response to your letter of July 12, 1983, and the file of the
Planning Board approving the subdivision, sent to me on August
12, 1983, you ask that I advise the board as to who should be
responsible for the cost and the improvements of the right of way.
Section 280-a of the Town Law provides that before a building
permit shall be issued the street or highway shall have been
suitably improved to the satisfaction of the Planning Board. The
statute contains no provisions as to who is to be responsible for the
cost of such improvement. It merely requires the Planning Board to
satisfy itself that the street or right of way is suitable improved. It
would, therefore, seem to me that the question of whether or not
the original developer or the present lot owner should pay for such
improvement is a question that must be resolved between the two of
them. I do not believe that such a question is of concern to the
Planning Board unless it imposed the responsibility on one or the
other party at the time that the subdivision was approved in 1975.
Yours very truly,
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ROBERT W. TASKER
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1984
TO: Henry E. Raynor, Jr., Chairman Heport No. 351
Southold Town Planning Board
FROM: John W. Davis Date: l-larch 31, 1984
RE: MUrOH SUBDIVISION 0'/108 OF JOHN SIMICICH
FINAL INSPECTION - ACCESS ROAD
COMMENTS:
I inspected the above access road as follows:
1. Hoad length is 415 ft., width 12 ft. and extends into Lot No.2
by 251:ft.
2. The bankrun material used is satisfactory and from a few test
probes appears to have the required 6" depth.
J. The profile of the road is not smooth. There are depressions
throughout. It would seem that good workmanship was not used
in spreading the bankrun material.
4. The recommendations for this access road (Heport No. J02)
called for a compacted 2" crowned top course of J/4" stone
blend. There is not a 2" top course of stone blend on the
road. From test probes the quantity used is less than required.
The road appears to be stable. However, to make it acceptable,
I would recommend the depressions be filled with the same kind
of bankrun and an additional 1" of compacted stone blend be placed
throughout. Also, shoulder material along sections of the east
side of the road has been left in an ungraded condition.
To date there is no provision to turn emergency vehicles in Lot
No.2 at the end of the access road.
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
AUG 9 REC'D
DATE: August 4, 1983
TO: Henry Raynor, Planning Board Chairman
FROM: Victor Lessard, Executive Administrator
SUBJECT: Dolomite 280a, Subdivision #108
As per a conversation with Mr. Dolomite, he contacted
the Town Attorney about who was responsible for getting
280a and cost in subdivision in question; the Town Attorney
claims a letter to that effect never was received by his
office. To save time, he (Mr. Dolomite) will take respon-
sibility for cost if we permit him to get his own contractor
and fix the road. He claims that time is a very important
factor at present. Also, he feels there is a more practical
way of doing this road. All I could do for him was to
suggest that his contractor submit the specifications on
what he intended to do to the road and I would ask the
Planning Board to submit these to the Town Engineer, who
would advise the Board on whether or not the submitted
specifications would meet the requirements of the Board
for this 280a. Copy of said specifications attached.
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PECONIC EXCAVATORS, INC.
ROBERT A. STEVENOT, President
Fill Topsoil. Loam. Trucks and Machinery for Hire
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Yard:
KROMER A VENUE
RIVERHEAD
(516) 727-5539
Mail:
P.O. BOX 632
AQUEBOGUE, N.Y. 11931
(516) 722-8148
AUG :3 REC'D
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Riverside Homes, Inc.
1159 West Main Street
Riverhead, N. Y. 11901
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P. O. BOX 274
Phone, 516 - 727-3395
AUG
August 1, 1983
Planning Board
Main Road
Southold, New York 11971
Re: Building Permit for Dolomite
in re Simtech subdivision No. 108
Gentlemen:
It has been 3 weeks since the hearing of July 11, at which
your Board heard the suggestions to road access on this property, and since
your Board decided to turn the matter over to the Town Attorney for
determination on who was to pay for the road access improvements.
Our customer, Mr. Dolomite, wants to build his house, and has
decided to go along with the Boards recommendations for road access.
Is it possible for us to obtain the building permit without
further delay? Since, as far as we have been able to determine, the Town
attorney has not made any decision yet, we and Mr. Dolomite would like
to piCk up the building permit and proceed with the Town's suggestions
As quickly as possible. Please call me and let me know if we can get
the permit now.
Sincerely,
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Southold,N.Y.11971
HENRY E. RAYNOR, Jr. , Chai,man
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILUAM F. MULLEN, Jr.
TELEPHONE
765-1938
July 12, 1983
Mr. Robert W. Tasker
Town Attorney
425 Main Street
Greenport, New York 11944
Re: John Simicich Minor Subdivision
Dear Mr. Tasker:
At our regular meeting July 11, 1983, question was
raised regarding the necessary improvements to the access
road within the above captioned subdivision. This subdiv-
ision was approved by the Planning Board November 15, 1976,
a copy of which has been enclosed for your review. A permit
to construct a dwelling on one of the lots has been denied
by the Building Department because the access had not met
Planning Board approval. A report has been submitted to our
office by our inspector with recommendations for improvements
(also enclosed) .
Would you please advise our Board if the present land-
owner or the subdivider (John Simicich) is to assume the
responsibility of cost and improvements to such a right-of-
way.
Thank you for your assistance.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Encls.
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Re: 0 n SJ.mJ.cJ.c MJ.nor u J.vJ.sJ.on ~ "~JJ~./?a "')?1t>f/:J
Dear Mr. Tasker: '7/r~'~' R ,I"
At our regular meeting July 11,1983, question was g~~
raised regarding the necessary improvements to the access
road within the above captioned subdivision. This subdiv-
ision was approved by the Planning Board November 15, 1976,
a copy of which has been enclosed for your review. A permit
to construct a dwelling on one of the lots has been denied
by the Building Department because the access had ITot met
Planning Board approval. A ,report ha3 been suQffiitted to our
office by our inspector with,recommenc:ations for improvements
(a lso enc losed) .
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HENRY E. RAYNOR, Jr. , Chaitma.
JAMES WALL
BENNETT ORLOWSKJ, Jr.
GEORGE RITCHIE LATHAM,Jr.
WILUAM F. MULLEN, Jr.
Mr. Robert W. Tasker
Town Attorney
425 Main Street
Greenport, New York
11944
.
Would you please advise our Board if the present land-
owner or the subdivider (John-Simicich) is to assume the
responsibility of cost and improvements to such a right-of-
way.
Thank you for your assistance.
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~ery truly yours,
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By Susan E. Long, Secretary
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
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Encls.
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Mr. Robert W. Tasker
Town Attorney
425 Main street
Greenport, New York
PLANNING, O'ARD .
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Soulhold, N.Y. 119&_ ...' ~;<?<~
7'" ./.:> /'- ~ TELEPHONE
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:::r ::~nT:::::~Ch Minor Subdivision ~~~~
At our regular meeting July 11, 1983, q~estion was ~~.
raised regarding the necessary improvements to the access
road within the above captioned subdivision. This subdiv-
ision was approved by the Planning Board NoveffiQer 15, 1976,
a copy of which has been enclosed for your review. A permit
to construct a dwelling on one of the lots has been denied
by the Building Department because the access had n~t met
Planning Board approval. A report ha3 been suqroitted to our
office by our inspector with. recommenc:ations for improvements
(also enclosed) .
HENRY E. RAYNOR, Jr. , Chai,ma.
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RJTCHlE LATHAM. Jr.
WILUAM F. MULLEN. Jr.
11944
Would you please advise our Board if the present land-
owner or the subdivider (Johr,-Simicich) is to assume the
responsibility of cost and imprcvements to such a right-Of-
way.
Thank you for your assistance.
~ery truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
\
By Susan E. Long, Secretary
Encls.
.
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II'.JSPECTIOi"; H~'~POnr
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rienry E. Haynor, Jr., Chairman
Southold 'rown Plalming Board
[{1':1'Ol\1' hO. 302
Fl\Or.l: John T1I1. Davis
JUL 5 REC'D DATE: July 2, 1983
HE: MHiOH SUBDIVISION PI08, JOHN SIMICICH.
ACC.ESS EOAD
COr.1I:L:~1\J111S :
The 25 ft. H.O.'oI. as shown on map dated n/Li/76 is in a well kept
lawn area throughout in Lot No.1 and in unused farmland through
Lot ;'0. 2. There is some minor small tree i';rovrth, most of which
is along the east side of the H.O.ll., that may have to be removed.
The existing surface with the exception of the first 70 ft. (probably
an old driveway) appears to be topsoil and loam.
Test holes (location shown on map) as follows;
Hole ;\[0. 1
Hole ['<0. 2
Hole JIo. 3
Holes I'~o. LJ-
2" topsoil, 4" sand and gravel.
topsoil and loam.
topsoil and loam
12" topsoil and loam.
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Based on the Van Tuyl field elevations shown, I can see no drainage
problem. However, if runoff from heavy storms is carried into
the lain l(oad, leaching basins should be installed at the south
end of the road. . The necessity for leaching basins probably could
Lot lee determined until the road is graded and runoff obuerved.
i{eCOffinendatioYls:
1
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Clear R.O.VJ. where necessary.
](oad width 12ft. centered in H. O. Vi.
Hemove topsoil and loam. 1j" this material exceedu 12", remove
for 12" only.
,Jepending on the depth of topsoil and loam excavation, additional
fill may have to be placed prior to a 6" ban.1crun course. This
Llaterial can be a good grade of clean fill.
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'_'he 6" compacted banl,run course to contain 20)" or mOi'e of
gravel and 10% or more of lO~D.
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l'1ace a compacted 2" crowned tal- course of 3/4" stone blend
0:(1 the bankrun.
7.
I,eachin[, basins to be installed only if fa und necessary.
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Southold, N.Y. 119?1
HENRY E. RAYNOR, Jr. , Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILUAM F. MULLEN, Jr.
TELEPHONE
765-1938
June 29r 1983
Mr. John W. Davis
Sterling Road
Cutchogue, New York
11935
Re: Minor Subdivision #108
Access Road
Dear Mr. Davis:
Enclosed please find copy of map and correspondence
from the Building Department regarding the access within
subdivision #108, John Simicich.
Would you please inspect the area and advise our
Board what improvements would be required for a suitable
access road to the lots in question.
Thank you for your assistance.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Encls.
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CLYDe: TOOKER (1896-19711
ROBERT L. TOOKER
WILLIAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
ANTHONY B. TOHILL
STEPHEN R. ANGEL
TOOKER. TOOKER & ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. 0. Box 268
RIVERHEAD. N. Y. 11901
516 PARK 7-3277
November 8, 1976
Mrs. Muriel Brush, Secretary
Southold Town Planning Board
Main Road
Southold, New York 11971
Dear Mrs. Brush:
Thank you for your letter of November 1, 1976.
We are enclosing three copies of the Map of Property
Surveyed For John Simicich at Southold, Town of Southold,
New York. In accordance with your letter of November 1st
we ask that the Chairman of the Planning Board sign the
map and either that you return one copy of the map to us
or advise us that it has been signed.
Very truly yours,
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Charles R.
if CJ2l.
Cuddy . t
CRC/pc
Encls.
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November 1, 1976
James vTall
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Charles Cuddy, Esq.
108 East Main Street
Riverhead, New York 11901
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Re: Simicich
~
Dear Mr. Cuddy:
;j
The following a.9t1on was taken ~ the Southold Town
Planning Board at a regular meeting held October 25, 1976.
!
RESOLVED that the ma.p of property of John Simicich
located on Main Road, Southold, be approved subject to
notation on the map that the right-of-way is reserved for
possible future dedication to the Town of' Southold.
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I hope this answers your question. Upon receipt of
three copies of the map with the above notation, I will
have the chairman sign the maps.
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Yours truly,
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Muriel Brush, Secretary
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February 4, 1976
Robert Tasker, Esq.
Main Street
Greenport, New York 11944
Re: Simicich minor subdivision
Dear Bob:
John asked me to write and give you background on the
above-captioned subdivision.
I am enclosing a map of the subdivision which I would like
returned for my file,. When Mr. Simicich, who is represented by
Mr. CUddy, Came before the Planning Board with this subdivision
he was requested by the Board to put in a fifty,.foot right-of-way
and to draw up an agreement with the Town that this would
eventually be turned over to the Town if a through road were
put in here. I sent this to you in November for execution by
the Town.
'~
When I have received this, I w.ill forward it to rrJr. Cuddy
for filing in the Oounty Clerk'sOftfbe. Ihia agreement is
also supposed to incorPorate the County's recommendations which
it looks like it does.
I enclose some baCkground correspondence.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
Enclosures 4
.
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CLYDE: TOOKER (ISSG-IS?!)
ROBERT L. TOOKER
WILLIAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
ANTHONY B. TOHILL
STEPHEN R. ANGEL
TOOKER, TOOKER & ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. Box 268
RIVERHEAD, N. Y. 11901
516 PARK 7-3277
November 17, 1975
Ms. Muriel Brush, Secretary
Southold Town Planning Board
Southold, NY 11971
Dear Ms. Brush:
For your records we are enclosing a copy of the Decla-
ration of Covenants and Restrictions on the Simicich _
Spicejaric property located at the Main Road in Southold.
By this declaration the subdivider has agreed not to
further subdivide the property. This has been recorded
with the Suffolk County Clerk on November 3, 1975 at
Liber 7936, Page 579.
We are also enclosing the original agreement between
Messrs. Simicich and Spicejaric and the Town of Southold
providing for the establishment of certain rights of way
across the above property and also agreeing to convey
the fee ownership of a certain right of way to the Town
of Southold when the adjoining premises are developed.
You may wish to forward this to Mi::'. Tasker so that the
Town may take appropriate steps to execute this agree-
ment.
Once the agreement has been executed kindly return it
to me so that same may be recorded.
Very truly yours,
c;J~1.~
Charles R. Cuddy 0
CRC:rbm
Enclosures
.
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CLYDE TOOKER (1696*1971)
ROBERT L. TOOKER
WilliAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. Cu DDY
ANTHONY B. TOHILL
TOOKER. TOOKER & ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. Q. Box 268
R1VERHEAD, N. Y 11901
516 PARK 7-3277
STEPHEN R. ANGEL
October 22, 1975
Mrs. Muriel Brush
Planning Board of the
Town of Southold
Main Road
Southold, New York 11971
Re: John Simicich - Minor Subdivision
Dear Mrs. Brush:
This is to advise that I spoke to Mr. Tasker today
and he has indicated that the agreement which we
prepared between John Simicich, Jr., John Spicijaric
and the Town of Southold with reference to the three
lots located north of the Main Road in Southold meets
with his approval.
I will have the agreement executed by Mr. Simicich
and Mr. Spicijaric, and will then forward it to Mr.
Tasker for execution by the Town.
Under date of May 23, 1975, we forwarded to you the
original Declaration whereby John Simicich and John
Spicijaric covenant to make no further application to
subdivide the lots in the minor subdivision, except
as provided by law. Would you kindly return the
Declaration to me so that the same may be recorded.
Very truly yours,
CRC/pc
cc: Robert W. Tasker, Esq.
(--)Ucf ~
c~~rles R. Cuddy (J
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October 27, 1975
Charles R. Cuddy, Esq.
Tooker, Tooker & Es.eks, Esqs.
P. O. Box 268
Riverhead, New York 11901
Re: John Simicich minor subdivision
Dear Mr. Cuddy:
Enclosed please f1hdexecijted original of deolaration
made by Mr. Simicich and Mr. Spicejaric Wldep>date of
May 16, 1975.
This is the. only or,1ginal' that I have in. the file
so I assume that you have the one which incorporates
the recommendations of the SUffolk COWlty Department
of Planning.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
EnClosure
.
.
CLYDE TOOKER (1896-1971)
ROBERT L. TOOKER
WILLIAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
ANTHONY B. TOHILL
TOOKER, TOOKER &. ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. Box 268
RIVERHEAD, N. Y. \1901
516 PARK 7-3277
STEPHEN R. ANGEL
September 29, 1975
Mrs. Muriel Brush
Planning Board of the
Town of Southold
Main Road
Southold, New York 11971
Re: John Simicich - Minor Subdivision
Dear Mrs. Brush:
We are enclosing the revised Agreement between John
Simicich, Jr., John Spicijaric and the Town of Southold
with reference to the three lots located north of the
Main Road in Southold, which form the subdivision which
has received approval of the Planning Board subject to
recording the enclosed Agreement together with the
recording of the Declaration of Covenants and Restrictions.
By copy of this letter to Robert Tasker we are enclosing a
copy of the proposed Agreement. The Agreement has been
revised in accordance with the resolution of the Planning
Board dated August 18, 1975. For your reference and Mr.
Tasker's we also enclose a copy of that resolution. Since
the Agreement previously submitted had been approved by
Mr. Tasker and the Planning Board we merely have revised
the agreement, which we now enclose, by adding the following
language at paragraph First: "...and which right of way
shall not be extended or expanded to provide access to the
rear of lots fronting on the Main Road and shall provide
access for the three lots only as shown on that certain map
by Roderick Van Tuyl, as above referred to,".
.
.
Mrs. Muriel Brush
September 29, 1975
Page 2
We also inserted a new paragraph Second and renumbered
the remaining paragraphs.
We believe this is in accordance with the resolution of
the Planning Board.
Kindly advise if any changes, additions or deletions
should be made. As soon as we hear from you with the
advice that the Agreement is in proper form, we will
have it executed by Mr. Simicich and Mr. Spicijaric and
record the same with the Clerk of Suffolk County.
Very truly yours,
@:/'IC!/l{;/)
,- Ii /./"
,,,-,_iL 1\. .v~j)
Charles R. Cuddy U
CRC/pc
Encls.
cc: Robert Tasker, Esq.
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AGREEMENT BETWEEN JOHN SIMICICH,
JR. and JOHN SPICIJARIC and T~IE
TClI.m OF SOUTHOLD
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THIS INDENTURE, made and entered into this day o.
, 1.975, between JOHN SIMICICH, JR., residing at
Camp Hine01a! Road, Mattituck, New York, anel JOHN SPICIJARIC,
residing at Gardiner's Lane, South01d, New York, hereinafter
referred to as the Party of the First Part, and the TOWN BOARD
OF THE TCMN OF SOUTHOLD, a (July organized municipal governing
body for the Town,shiD of Southold, Suffolk County, New York,
hereinafter referre,! to :!is the Party of the Second Part,
The Party of the First Part desires to develop certain
premises declcribed on Schedule A annexed hereto.
In Drier to assure the ot',\er1y drNe10prGcnt: of said
premises th~' party of the second Dart has requestE'd that the fee
ownr>rship to rights of Ylay ,iescriber! at Schedule B ~mnexed
hereto shall be offerer! to the Town of Southold, and to this end
the parties hereto agree as follows:
FIRST: The deeds to any parcel included 1'ilithin the
premises described on Schedule A shall include the following
agrf'ement to be subscribed to by the grantee of said parcel:
Subject to a right of way over Pa.rcel 4F1 :I.n favor of
the owners of Parcel #2 and Parcel *3 as shown on a certain map
of the premIses entitled Hap of Property Surveyed for John
Simic:l.ch At Southolcl, as surveyed by Rodedck Van Tuyl, P.C.
July 1, 197/f, amended February 3, 1975, [OJ: ing:::ess and egress
to and frou' Route 25 (Me.in Road), said rigbt of way running along
the easterly line of said premises and be:h,g twenty..five (25) fee
in width throughout and be:lng more particularly described below,
8.n:; whi.ch dght of way shall not be extendl,d or expanded to
provicle access to the rear of lots fronting on the Hain Road and
shall proviie access for the three lots only as shmm on that
certain maD by Roderick Van Tuyl, as above referred to, which
right of way, however, is subject to divestment UndE!r the tel!'1llll
and conditions of an agreement between John Simicich. Jr. and
John Spidjaric and the Town of Southold dated 1975
and recorded with the Clerk of Suffolk COIJoty. The grantee
herein and all subsequent grantees or successors in interest shal
execute the deed of conveyance thereby signifying their acceptanc
of the terms and conditions of the aforesai.d agreemlmt. The righ
of way is more pa.rticularly described as:
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BEGINNING at a concrete monument set on the northerly
line of Main Road at the southwesterly corner of the land of
Ollie Overton and being the southeasterly corner of the premiaea
over which the above to be deacribed right of way runa; and
ruaning thence North 90 26' 00" West 660.00 f.et to 4 point;
thence running South 800 34' 00" West 25.00 feet; thence running
in a aoutherly direction 660.00 feet a10ftl the line drawn
parallel to the line fint abovedeacribed (North 90 26' 00"
West) and distant therefrom 25.00 feet throUghout to the northerly
side of the Main Road; thence North 820 04' 30" East 25.00 feet!
to the point or !iace of BEGINNING.
SECOND: The deed to Parcel 11 as shown on a certain
map of premises entitled Map of Property Surveyed For John
Simicich At Southolli, as surveyed by Roded.ck Van Tuyl. P.C.
July 1. 1974, amended February 3. 1975, shall also include the
following agreement to be subscribed to by the grantee of said
parcel:
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The vehicular access to Parcel *1 shall be restricted
to the right of way thereby creating only a single driveway
access point on the Main Road for all three lots.
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THIRD: The deed to Parcel #2. aa ahown on a certain
map of premisea entitled Map of Property Surveyed For John
Simicich at Southo1d. 8S surveyed by Roderick Van Tuyl. P.C.
July 1, 1974. amended February 3. 1975, shall alao ine1ude the
following agreement to be subscribed to by the grantee of aaid
parcel:
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Subject to a right of way in favor of the Town of
Southo1d only for access across said parcel, said r:lght of way
running from east to west along the northerly line of said
nrem5,ses anci being 50 feet throughout, which right of way ia
subject to ciivestment under the terms and conditions of an
agreement between John Simicich, Jr. and John Spici.iaric and the
Town of Southold dated 1975. and recorded with
the Cl e'.:k of Suffolk County. The grantee herein and all lIt1baequ n
grantees or successors in interest shall execute th,e deed of
conveyance thereby signi.fying their acceptance of the terms and
con,;i tions of the aforesai.; agreement. The right of .way is more
particularly describeo as:
BEGINNING at a concrete monument set at the northeaat-
erly corner of land now or formerly of IJ. Albertson and being
the northwesterly corner of land now or formerly of K. Ruebsamen
and saio point also being distant South 70 38' 10" East 279.88
feet from the intersection of the northeasterly lhe of land of
-2-
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w. Alhertson an':! the southerly line of la.nd of the I.ong Island
Railroad Company, as measured along said easterly line of W.
Albertson; thence running North 80. 34' 00" East 172.03 f..t to
.3 point; thenee South 9. 26' 00" East '0.00 feet to a point:
thence running in a westerly direction 172.00 feet more or l.s.
along a line drawn parallel to ttt. line firSt above described
(North 80. 34' 00" Eas t) and dilltant therefrom 50.00 f..t
throughout to a p6int and the easterly line of land now or
formerly of W. Albertson; thence running along said land North
7. 38' 10" West 50.00 feet to the trUe point or place of
BEGINNING.
,
F'OURTH: At the time that the adjoining premises are
<Ieveloped and a propose.; public road laid out and approved by
the party of the second part, then the party of the second part
shall prepare and the party of the first Dart or the Sllccessors
in interest of the party of the first part: shall execute any and
all instruments nlacing the fee ownership of the right of way
described on Schedule B in the Town of Southold.
FIFTH: This agreement shall be binding upon all of
the parties hereto, their assigns, executor.s, administrators
and successors in interest .and may be enforced by any of them.
SIXTH: In the event that the adjoining premises do
not have public roads laid out, then the fee title to the rights
of way referred to herein shall remain with the then owner
of sai.d premises.
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TOON OF SOUTHOLl)
ty.
. "--...-..--.-
(John Simicich, Jr.)
(John Spicijaric)
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STATE OF NEW YORK)
) S8.:
COUNTY OF SUFFOLK)
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1975. before me
to me known, who, being
did depose and say that he resides at
; that he is the
of the Town of South61d, a duly organized municipal
corporation, .iescr:lbed in and which executed the foregoing
instrument; that he knows the seal of said corporation; that
the seal affixed 1:0 said instrument is sllch corporate seal;
that it was so aff:l.xed hy order of the Town Board of said
corporation, and that he signed his name thereto by like order. .
On the
personally came
by me duly sworn.
day of
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STATE OF NE\~ YORK)
) sS.:
COUNTY OF SUFFOLK)
On the day of 1975, before me
personally came JOlIN SIMICICH, JR., to me known to be the
individual described in Ilnd who executed the foregoing instrument
and acknowledged that he executed the same.
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e STATE OF NEW YORK)
) sS.:
COUNTY OF SUFFOLK)
On the day of
personally ,~ame JOHN SPICIJARIC, to me knmm
lndivi dual nescdbed in and who executed the
and acknowledged that he executed the sa!1"e.
1975, before me
to .be the
forego:l.ng :Instrument
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SClIiDULE A
DESCHlPTlON
All that tract or parcel of land> situate in the Village
and Town of Southold> County of Suffolk and State of New York>
bounded and described as follows: BEGINNING at a concrete
monument set on the northerly line of Main Hoad at the southwest8"',Cv'
corner of the land of Ollie Overton and being the southeasterly
corner of the premises herein described; running thence along said
northerly line of Main Road South 820 OLI,' 30" West 117.09 feet to
a concrete monument and land of Scopaz; thence along said land of
Scopaz> two courses as follows;-
.
1. North 70 4L~' 1+0" West 310 feet; thence
2. South 830 51' 20" Wes t '(5 feet to land of W. Albertson;
thence along said land of W. Albertson North '(0 38' 10" West 622. '(8
1
feet to a concrete monument and lund of Long Island Railroad Company
thence along said land of LonG Island Hailroud Company North 710
22' 40" East 165.39 feet to a railroad rail monument and land of
Ollie Overton; thence alonG said land of Ollie Overton South 90
26' 00" East 966.14 feet to the point or place of beginning.
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SCHEDULE B
BEGINNING at a concrete monum,
line of Main Road at the southwesterly (
Ollie Overton and being the southeaster!
over which the above to be described rii:
ning thence North 90 26' 00" Wes t 660. OC
running South 800 34' 00" Wes t 25.00 feE
southerly direction 660.00 feet along tt
to the line first above described (Nortt
distant therefrom 25.00 feet throughout
the Main Road; thence North 820 04' 30"
point or place of BEGINNING.
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BEGINNING at a concrete monum,
erly corner of land now or formerly of 1,
the northwesterly corner of land now or
and said point also being distant South
feet from the intersection of the north,
W. Albertson and the southerly line of
Railroad Company, as measured along sai,
Albertson; thence running North 800 34'
a point; thence South 90 26' 00" East 51
thence running in a westerly direction
along a line drawn parallel to the line
(North 800 34' 00" East) and distant th,
throughout to a point and the easterly
formerly of W. Albertson; thence runnin:
70 38' 10" West 50.00 feet to the true
BEGINNING.
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~ set on the northerly I
:ner of the land of I
corner of the premises I
~ of way runs; and run-
fee t to a point; thence,
; thence running in a :
line drawn parallel I
jO 26' 00" West) and I
J, the northerly side of!
'1st 25.00 feet to the I
t set at the northeast-!
Albertson and being i
ormerly of K. Ruebsamen i
o 38' 10" East 279.88 '
sterly line of land of
nd of the Long Island
easterly line of W.
10" East 172.03 feet to
00 feet to a point;
2.00 feet more or less
irst above described
efrom 50.00 feet
ne of land now or
along said land North
int or place of
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August 25, 1975
:.':-;~~"~-~~ ,..;...+.\;~.
Caarles R. Cuddy, Esq.
Tooker, Tooker & Esseks, Esqs.
P. O. Box 268
Riverhead, New York 11901
REI: Simicich $inor subdivision
Dear Mr. Cuddy:
The following act;l.on "7as taken by. the, Southold Town
Planning Board at a regular meeting held AUgust 18, 1975.
On motion made by Mr. Grebe, seconded by Mr. Raynor,
it was
RESOLVED that the rec()mmendations of the Suffolk
County Department of Planning be incorporated in the
Govenants and restrictions to be filed in the Suffolk
CO<Lnty Clerk's Office for the minor subdivision of land
of Jub:l ~lmicich, Jr. and John Spicejaric as follows:-~"'Mlt,
1. That vehicular access to Lot #1 shall be restricted.
to the right-of-way thereby creating only a single driveway
access point on the Main RC)d for all three lots;
2. That the 25 foot wide portion of the right-of-way
be restricted so as to provide access only for the three
proposed lots; and
3. That the 25 foot 'dde portion of the right-ot-way
shall not be expanded to provide access to the rear of the
lots fronting on Main Road in the event that they are
subdivided or are developed in the futUl~e.
Vote of the Board: Ayes: 'Wickham, Moisa, Raynor, Grebe.
Absent: Coyle
Yours truly,
Muriel ~ru8h, Secretary
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COMMISSION
Seth A. Hubbard
Chairman
Lee E. Koppelman
Director of Planning
Suffolk County Department of Planning
JOHN V.N. KLEIN. County Executive
July 3, 1975
Hauppauge, L. I., N. Y.
979-2920
Veterans Memorial Highway
Mr. John Wickham, Chairman
Town of Southo1d Planning Board
Main Road
Southo1d, New York 11971
Re: Map of Property of John Simicich
N/s of ~~in Road, N.Y.S. Route 25,
opposite Town Harbor Lane, Southo1d
Dear Mr. Wickham:
The Suffolk County Planning Commission at its regular meeting 2 July 1975,
reviewed the above captioned proposed subdivision plat referred to it pursuant
to Section 1333, Suffolk County Charter. After due study and deliberation, it
did take the following action:
The Map of Property of John Simicich, as submitted, was approved subject
to the following conditions:
1. That vehicular access to Lot One shall be restricted to the right-of-
way thereby creating only a single driveway access point on Main Road for all
three lots;
2. That the 25 foot wide portion of the right-of-way shall be restricted
so as to provide access only for the three proposed lots; and
3. That the 25 foot wide portion of the right-of-way shall not be expanded
to provide access to the rear of the lots fronting on Main Road in the event that
they are subdivided or are developed in the future.
Very truly yours,
Lee E. Koppelman
Director of Planning
CGL:fp
c.c. :
Enc1:
File:
by~$dl;
Charles G. Lind
Chief Planner
Subdivision Review Section
1. Albertson,
Map
S-SD-75-Q5
County Clerk
-.{"'~~'M .,.,-----~ ~~~ -fc""r:#~t'm;1,ftnf,"::4~1"'l'''''i :::'ij'i":'r::Qii':1i;}~lr~~~~;"~____~~iil;':~~71?l;:~,J'$.~:~'A!.~~
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June 6, 1975
Suj:'fQlk County. Planning Commission
Ve~:eran"'. Hemorial Highway
Hauppauge, New York 11787
"'-.......~'!f
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'"-,..'.....-.._..,
Pursuant 1~O Section 1333, Article XIII oi' the Suffolk
Connty Charter, the Southold Town Planning Board hereb)r
refers the following proposed ~inal plat to the Suffolk
Cotmty Planning Commission:
Name of Plat - John Simicich
Hamlet - Sputhold
Town - Southold
M.aterial submitted:
Proposed plat - 3 copies, spot elevations shown on map
'. ;.,'~--"" ...,,"'...
Comments: The Southold Town Planning Board approved this
map at a regular meeting held June 2, 1975 subject to the
recommendations of the Suffolk County Planning Department.
Covenants and restrictions will be filed with the County
Clerk's Office that if the adjacent premises are ever
developed and public road laid out that the 50 foot right-
of-way will be dedicated to the Town.
Yours truly,
Muriel Brush, secretary
Southold Town Planning Board
Enclosures :3
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CLYDE TOOKER 0896-1971)
ROBERT L. TOOKER
WILLIAM W. ESSEKS
MARCIA Z. HEF"TER
CHARLES R. CUDOY
TOOKER, TOOKER &. ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. Box 268
RtVERHEAD. N. Y. 11901
516 PARK 7-3277
ANTHONY B. TOHILL
May 23, 1975
Mrs. Muriel Brush, Secretary
Planning Board of the
Town of Southold
Main Road
Southold, New York 11971
Re: John Simicich - Minor SubdiviSbn
Dear Mrs. Brush:
We enclose a Declaration by John Simicich, Jr. and John
Spicejaric whereby they covenant to make no further
application to subdivide the lots in a described minor
subdivision except as provided by the law. Please note
that we have added the words "except as provided by Law"
since we believe that the applicants should not be in a
position inferior to any other property owner of the Town
in the event that the law is changed.
We have not had any communication from you with respect
to the Suffolk County Planning Commission's disposition
as to the Simicich-Spicejaric subdivision. Kindly advise
whether the Commission has taken any action regarding
this application.
Please also advise when we may expect to obtain final
approval by resolution of the Planning Board.
Very truly yours,
Ch~~~~
CRC/pc
Ene.
LEGAL NOTICE
,Notie of Hearing
NOTICE IS HEREBY GIVEN
lhat purs....nt to Section 276 ofthe
Town Law, Public Hearing will
be held by the Southold Town
Planning Board the Town
Clerk's ~,.. oad, South.
old, New y~, t' d Town on
the 21st day \l~' 75, on the
question of, .> 8:
7:30 p.m. a minor
subdivision ed by
Katherine H. , hold.
ers of option being
john Simicich Spice.
jaric, located i ge and
Town of Sou ounty of
Suffolk and State of New York,
bounded and described as fol.
lows:
BEGINNING at a concrete
monument set on the northerly
line of Main Road at the south-
westerly cotner of the land of
Ollie Overton and being the
southeasterly cornetpf the premo
ises herein descri d; running
thence along said n erty line of
Main Road S. 820 30" W,
117.09 feet tOea co e monu-
ment and land.f 5 . thence
along said la~ of at two
course as fouoiWs: (I . 70 44'
40" W. 310feet,theD 2) S. 83.
51' 20" W. 75 feet. d of W.
Albertson; thence' aid land
ofW. Albertson N. ' 10" W.
622.78 feet to a concrete monu-'
ment and land of Long Island
Railroad Company; thence along
said land of Long Island Railroad
Company N. 71 0 22' 40" E.
165.39 feet to a railroad rail'
OlOIlument and land of Ollie Over-
tOD; thence along said land of
Ollie Overton s. 9. 26' 00" E.
966.1~t<<l\i"~illIIiIU '1r place of
beginning:~Orita~fnil\.ll^), '.34 acres.
Any ,person '"", to be
heard on the above"' r should
appear at the time and place
above specified.
Dated: April 4, 1975
BY ORDER OF THE
SOUTHOLD TOWN PLANNING
BOARD
JOHN WICKHAM, CHAIRMAN
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COUNTY OF SUFFOLK l ss:
STATE OF NEW YORK I
Sherley Katz. being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER. MATTITUCK
WATCHMAN, a public newspaper printed at Sauthald,
in Suffolk County; and that the notice of which the
annexed is a printed copy, has been published in said
Lang Island Traveler-Mattituck Watchman once each
week for .........{f;:__tf.~..t.'......-......C././......... wee~
. I . h I AUSt
successive y, commencing on t e.......... ...Ll......................
day of .......~f/.L..t.).:..., 19';2.-:;
~{~::~f~..,....../..~~........,........
{It
Sworn to before me this ..........1..(....... day of
m~tld]. I9b;
..........G~;iLh,....ia..4fh~.. 1 .. .X~k?........
Notary PubIlc / -
t,I(11:'l"/
flDELE" PfI.'fNE ,
rv r,( ~Jcw Yorl<
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LEGAL NOTICE
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to Section 276 of
the Town Law, Public Hearing will be held by the Southold
Town Planning Board at the Town Clerk's Office, Main Road,
Southold, New York, in said Town on the 21st day of April,
1975, on the question of the following:
7:30 p.m. Approval of a minor subdivision of property
owned by Katherine H. Ruebsamen, holders of option to
purchase being John Simicich and John Spicejaric, located
in the Village and Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a concrete monument set on the northerly
line of Main Road at the southwesterly corner of the land
of Ollie Overton and being the southeasterly corner of the
premises herein described; running thence along said northerly
line of Main Road S. 820 04' 30" W. 117.09 feet to a concrete
monument and land of Scopaz; thence along said land of Scopaz
two courses as follows: (1) N. 70 44' 40" W. 310 feet; thence
(2) S. 830 51' 20" W. 75 feet to land of W. Albertson; thence
along said land of W. Albertson N. 70 38' 10" W. 622.78 feet
to a concrete monument and land of Long Island Railroad
Company; thence along said land of Long Island Railroad
Company N. 710 22' 40" E. 165.39 feet to a railroad rail
monument and land of Ollie Overton; thence along said land
of Ollie Overton S. 90 26' 00" E. 966.14 feet to the point
or place of beginning. Containing 3.34 acres.
Any person desiring to be heard on the above matter
should appear at the time and place above specified.
Dated: April 4, 1975 BY ORDER OF THE SOUTH OLD TOWN
PLANNING BOARD
JOHN WICKHAM, CHAIRMAN
PLEASE PUBLISH ONCE, APRIL 10, 1975, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on April 4, 1975:
The Suffolk Weekly Times
The Long Island Traveler-Mattituck Watchman
Charles Cuddy, Esq.
Supervisor Albert M. Martocchia
."-~.......---,..~'""~ ^.:.~~-''''-"'''~
~_~"..,(;j~'-~.m._ ~:1';~l'i.~~~,~:~~~'J;11:-~~W~,i'/4;~,2~~~~
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April 4, 1975
'.;harles Cud.dy, Esq.
Tooker, Tooker & Esseks, Esqs.
108 East Main Street
Riverhead, New York 11901
.-......,.,........;,..'.
Re, Simicich minor
Dear Mr. Cuddy:
Tne following action 'was taken by the,Southold
Town Planning Board at a regular meeti~g held March
31,1975.
On motion made by Mr. Moisa, seconded by Mr. Coyle,
it was
RESOLVED that a public hearing be held on April 21,
1975 on the question of the approval of a minor subdiv-
Hion of Simicich located at Southold, New York.
Vote of the Board: A~es: Wickham, Moisa, Coyle,
Grebe and Raynor.
Yours truly,
~lurielBrush, Secretary
southold Town Pl~ing Board
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CLYDE TOOKER (le~~6-1971:
ROBERT L. TOOKER
WILLIAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
TOOKER. TOOKER & ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. Box 268
RIVERHEAD, N. Y. 11901
516 PARK 7-3277
ANTHONY B. TOHILL
March 6, 1975
Mrs. Muriel Brush, Secretary
Planning Board of the
Town of Southo1d
Main Road
Southo1d, New York 11971
Re: John Simicich - Minor Subdivision
Dear Mrs. Brush:
We are enclosing six (6) prints of the revised map of
property surveyed for John Simicich and located in the
Hamlet of Southo1d. By this revision the entire fifty
(50) foot right of way running east and west is placed
at lot 2. The Board had agreed to this revision at
our last appearance on January 27th.
In addition we have enclosed two completed applications
for approval of plat together with our check in the
sum of $30.00.
We have been in touch with the Town Attorney concerning
the enclosed agreement permitting the Town to ultimately
obtain fee ownership to the right of way area in the
event that a public road is to be located along the
right of way. It is our understanding that this agree-
ment is acceptable in its present form to the Town
Attorney.
Please advise us when this matter is to be on your agenda
for final approval. Thank you.
CRC/pc
Enc1s.
Very truly
/' .
,...---<-
Charles R.
yours,
.', ....,~
:~dd:~J
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AGREEMENT BETWEEN JOHN SIMICICH,
JR. and JOHN SPICEJARIC and THE
TOWN OF SOUTHOLD
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THIS INDENTURE, made and entered into this day o~
, 1975, between JOHN SIMICICH, JR., residing at Camp i
,
Mineola Road, Mattituck, New York, and JOHN SPICEJARIC, residing
at 876 54th Street, Brooklyn, New York, hereinafter refprre(j cO
as the Party of the First Part, and the TOWN BOARD OF T11E "
OF SOUTHOLD, a duly organized municipal governing body for the
Township of Southold, Suffolk County, New York, hereinafter
referred to as the Party of the Second Part,
The Party of the First Part desires to develop certain
premises described on Schedule A annexed hereto.
In order to assure the orderly development of said
premises the party of the second part has requested that the fee
ownership to rights of way described at Schedule B annexed
hereto shall be offered to the Town of Southold.
FIRST: The deeds to any parcel included within the
premises described on Schedule A shall include the following
agreement to be subscribed to by the grantee of said parcel:
Subject to a right of way in favor of the owners of
Parcel No. 2 and Parcel No. 3 as shown on a certain map of the
premises entitled Map of Property Surveyed For John Simicich
At Southold, as surveyed by Roderick Van Tuyl, P.C. July 1, 1974,
amended February 3, 1975, for ingress and egress to and from
Route 25 (Main Road), said right of way running along the
easterly line of said premises and being twenty-five (25) feet
in width throughout and being more particularly described below,
which right of way is subject to divestment under the terms and
conditions of an agreement between John Simicich, Jr. and John
Spicejaric and the Town of Southold dated 1975,
and recorded with the Clerk of Suffolk County. The grantee
herein and all subsequent grantees or successors in interest shal.
execute the deed of conveyance thereby signifying their acceptanc~
of the terms and conditions of the aforesaid agreement. The rig~i
of way is more particularly described as:
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BEGINNING at a concrete monument set on the northerly
line of Main Road at the southwesterly corner of the land of
Ollie Overton and being the southeasterly corner of the premises
over which the above to be described right of way runs; and run-
ning thence North 90 26' 00" West 660.00 feet to a point; thence
running South 800 34' 00" West 25.00 feet; thence running in a
southerly direction 660.00 feet along the line drawn parallel
to the line first above described (North 90 26' 00" West) and
distant therefrom 25.00 feet throughout to the northerly side of
the Main Road; thence North 820 04' 30" East 25.00 feet to the
point or place of BEGINNING.
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SECOND: The deed to Parcel No.2, as shown on a
certain map of premises entitled Map of Property Surveyed For
John Simicich At Southold, as surveyed by Roderick Van Tuyl, P.C.
July 1, 1974, amended February 3, 1975, shall also include the
following agreement to be subscribed to by the grantee of said
parcel:
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Subject to a right of way in favor of the Town of
Southold only for access across said parcel, said right of way
running from east to west along the northerly line of said
premises and being 50 feet throughout, which right of way is
subject to divestment under the terms and conditions of an
agreement between John Simicich, Jr. and John Spicejaric and the
Town of Southold dated 1975, and recorded with the
Clerk of Suffolk County. The grantee herein and all subsequent
grantees or successors in interest shall execute the deed of
conveyance thereby signifying their acceptance of the terms md
conditions of the aforesaid agreement. The right of way is more
particularly described as:
BEGINNING at a concrete monument set at the northeast-
erly corner of land now or formerly of W. Albertson and being
the northwesterly corner of land now or formerly of K. Ruebsamen
and said point also being distant South 70 38' 10" East 279.88
feet from the intersection of the northeasterly line of land of
W. Albertson and the southerly line of land of the Long Island
Railroad Company, as measured along said easterly line of W.
Albertson; thence running North 800 34' 00" East 172.03 feet to
a point; thence South 90 26' 00" East 50.00 feet to a point;
thence running in a westerly direction 172.00 feet more or less
along a line drawn parallel to the line first above described
(North 800 34' 00" East) and distant therefrom 50.00 feet
throughout to a point and the easterly line of land now or
formerly of W. Albertson; thence running along said land North
70 38' 10" West 50.00 feet to the true point or place of
BEGINNING.
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THIRD: At the time that the adjoining premises are
developed and a proposed public road laid out and approved
by the party of the second part, then the party of the second
part shall prepare and the party of the first part or the
successors in interest of the party of the first part shall
execute any and all instruments placing the fee ownership of
the right of way described on Schedule B in the Town of Southold'l
FOURTH: In the event that the adjoining premises do
not have public roads laid out, then the fee title to the rights
of way referred to herein shall remain with the then owner of
said premises.
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TOWN OF SOUTHOLD
By:
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(John Simicich, Jr.)
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(John Spicejaric)
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STATE OF NEW YORK)
) ss. :
COUNTY OF SUFFOLK)
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1975, before me
to me known, who,
sworn, did depose and say that he resides at
; that he is the
of the Town of Southold, a duly organized municipal
corporation, described in and which executed the foregoing
instrument; that he knows the seal of said corporation; that
the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Town Board of said
corporation, and that he signed his name thereto by like order.
On the
personally came
being by me duly
day of
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On the day of 1975, before me I
personally came JOHN SIMICICH, JR., to me known to be the i
individual described in and who executed the foregoing instrumen
and acknowledged that he executed the same.
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STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
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STATE OF NEW YORK)
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58. :
COUNTY OF
On the day of 1975, before me
personally came JOHN SPICEJARIC, to me known to be the
individual described in and who executed the foregoing
and acknowledged that he executed the same.
instrumeni
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SCHl,DULE A
DESCI\IPTION
All that tract or parcel of lund> situate in the Village
and Town of Southold> County of Suffolk and State of New York>
bounded and described as follows: BEGINNING at a concrete
monument set on the northerly line of Main Road at the southwesterlJ
corner of the land of Ollie Overton and being the southeasterly
corner of the premises herein described; running thence along said
northerly line of Hain Hoad South 820 OL~' 30" West 117.09 feet to
a concrete monument and land of Scopaz; thence along said land of
Scopaz> two courses as follows;-
.
1. North 70 L~4' 40" West 310 feet; thence
2. South 830 51' 20" West 75 feet to land of W. Albertson;
thence along said land of W. Albertson North cro 38' 10" West 622.78
feet to a concrete monument and land of Long Island Hailroad Compan:
thence along said land of Long Island Eailroad Company North 710
22' 40" East 165.39 feet to a railroad rail monument and land of
Ollie Overton; thence along said land of Ollie Overton South 90
26' 00" East 96G.IL, feet to the point or place of beginning.
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SCHEDULE B I
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BEGINNING at a concrete monument set on the northerly I'
line of Main Road at the southwesterly corner of the land of
Ollie Overton and being the southeasterly corner of the premises I
over which the above to be described right of way runs; and run-
ning thence North 90 26' 00" West 660.00 feet to a point; thence
running South 80034' 00" West 25.00 feet; thence running in a
southerly direction 660.00 feet along the line drawn parallel
to the line first above described (North 90 26' 00" West) and
distant therefrom 25.00 feet throughout to the northerly side of
the Main Road; thence North 820 04' 30" East 25.00 feet to the
point or place of BEGINNING.
"
BEGINNING at a concrete monument set at the northeast-
erly corner of land now or formerly of W. Albertson and being
the northwesterly corner of land now or formerly of K. Ruebsamen
and said point also being distant South 70 38' 10" East 279.88
feet from the intersection of the northeasterly line of land of
W. Albertson and the southerly line of land of the Long Island
Railroad Company, as measured along said easterly line of W.
Albertson; thence running North 800 34' 00" East 172.03 feet to
a point; thence South 90 26' 00" East 50.00 feet to a point;
thence running in a westerly direction 172.00 feet more or less
along a line drawn parallel to the line first above described
(North 800 34' 00" East) and distant therefrom 50.00 feet
throughout to a point and the easterly line of land now or
formerly of W. Albertson; thence running along said land North
70 38' 10" West 50.00 feet to the true point or place of
BEGINNING.
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of South old :
The undersigned applicant hereby applies for ttentative) (final) approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as foilows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owuer of record of the land under application, the applicant shall state his interest in said
land under application.) Holder of option to purchase
2. The name of the subdivision is to be ..!'1;;tP.~:i;..~r.QP~rt:'y..Q:f..J~l).~..~.:i,l)l;is;i.~J;t....
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of
deed suggested.)
present owner - Katherine H. Ruebsamen
the ~nder deeds recorded in Suffolk County Clerk's office as
4. The land is held by
follows:
Liber .........?f.~?........ Page .......3~.L......... On .;r~~~.....~?~~..........;
Liber
Page
On
........................,
Liber
Page
Page
Page
On
........................,
Li ber
On
........................,
Liber
On
as devised under the Last Will and Testament of .............::.........................
or as distributee
S. The area of the land is ... ;3...:3.4.. . . .. .
acres.
6. All taxes which are liens on the land at the date hereof have been paid except
Second half taxes 1974-75
................................................................................................
7. The land is encumbered by .. nQ. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page.................... in original amOUnl
of $. . . . . . . . . . . . . . .. uupaid amount $. . . . . . . . . . . . . . .. held by ..........................
. . . . . . . . . . . . . . . . . . . . . . . . .. address ......................................................
(b) Mortgage recorded in Liber ............ Page .................... in original amount
of $. . . . . .. . . . . . . . .. unpaid amount $. . . . . . . .. . . . . . .. held by ...........................
. . . . . . . . . . . . . . . . . . . . . . . . .. address ......................................................
.
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(c) Mortgage recorded in Liber ............ Page .................... in original amount
of $. . . . . , , . . . . . . . ,. unpaid amount $, , . , . , . . . . . . . , " held by .....,...",.....,.,...,...
. . . . . . . . . . . . . . . . . . . . . . . . .. address
8. There afe no other encumbrances or liens against the land except ..... .r:t~1?-~. . . . . . . . . . . . .
9. The land lies in the following zoning use districts A . ,R~.~ t.ql!!p..t;i,~k .1I.gr:ic~l t.u~.a,l.
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cept ........... ~C?!1:l!!.. . . .. .. .. .. .. .. . ,.
11. The applicant shall at his expense install all required public improvements.
12. The land. ~ (does not) lie in a \Vater District or \Vater Supply District. Name of Dis-
trict, if within a District, is ......... ~.q~~.
13. \Vater mains will be laid by
none
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by ... .L.1LC,o,.,..,.,...........,.....,....
lines.
and (a) ~~) charge will be made for installing said
15. G<1S mains will be installed by
and (a) (no) charge will be
.. .. .. . p-.qn.E! .
made for installing saicl 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 "R" hereto, to show same. Not Applicable
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same. Not Applicable
18. There are no existing- buildings or structures on the land \vhich are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore fileel, 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".
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22, The applicant estimates that the cost of grading and required public improvements will he
$. , ' . . . . . .. 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". Not Applicable
February 27 75
VA TE ."..,........................, 19....
JOHN SIMICICH and JOHN SPICEJARIC
................................................
A 1icant~" ~
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By. . .....,... .. ... . ... ... .........
ture and Title) (John Simicich) (Partner)
1, Box 64B
.9.~~. ..:r~.~~. .~!3:I,l~~. :r1~.t;~?:~~.c:~.,.. ~E,!~ },,?~k
(Address)
STATE OF NEW YORK, COUNTY OF ....SWf.Q:t:..~........,..,...,....,ss:
On the... ,~?~9.......... day of . X~l?:r.~~.Z:Y............, 19.:?5..., before me personally came
JOHN, ,SIMICIGH~. . . .. ... . . . .. . . .... . . . . . ., to me known to be the individual described in and wh"
executed the foregoing instrument, and acknowkdged that ..... h~. . . , .. executed the same.
N;;;;;Q4:~'%UU...
>40, !'j ~ ,~~ ", _ :, ' : I
Commi"~;~'1I L:p:,-oJ; f/" 1,<:10 3G, 1976
STATE OF NEW YORK, COUNTY OF
. . .. . . .. . . . . . . . . . . .. . . .. .. . .. 55:
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 ,..,....,.
, .. .. , .. . .. .. ... of ,..,..................'......,......,....,........................'.."..".
the corporation described in and which executed the foregoing instrument; that. . . .. . . . . '" know:-;
the seal of said corporation; that the seal affilxed by order of the board of directors of said corpor-
ation, and that ............ signed ,...,.,..." name thereto by like order.
Notary Public
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APPLICATION FOR' .,>PROVAL OF PLAT
To the Planning goanl of the Town of Southold:
The undersigned applicant hereby applies for \ tcntativt) (linal) approval {If ;
ill accordaIlce with Article 16 of the Towll Law J.Tid the Rules and Hcgtdatiuns d :L("
Planning Board, and represents and states as .toilcl\I,;;-;.
';11 plat
.,u;J TowIl
1. The applicant i.-; the (Iwncr of record of the bnd under applica:ici!1. (If the applicant is not the
owner of record of the land under applicati~m. the applicant shaH stale his interest in said
land undcr application.) Holder of option to purchase
2. Thc name oi the subdivision is to be .. l1i:1P . 9:1;. .~r,qp~J;')::.Y. .qf ..J 9.1).1;1. . $.~9i. c;:i.c;:~. . . .
..1. The entire land under
deed sUg'g'ested.)
application is described in Schedule "A" hereto annexed. (Copy of
4. The land is held by
follows:
present owner_ Katherine H. Ruebsamen
thc xpptixililXX\l1lder deeds recorded in Suifoik County Clerk's
(If f ~C('
Libc!' ....... ..F~5.......... Pag'e
..36.9........... On Jlln!".>.. .19.4~..........;
Libel'
Page
On
. . . . . . . . . . . . . . . . . . . . . . . . ,
Liber
Page
On
Libel'
Page
On
Liber
Page
On
as dc\'isc(l under the Last \Vil\ and Testamcnt of
,s distributee
5. The area oi the land is "'~'" J4. . . . . . .
acre::;.
6. All taxes "which are liens on the land ai.
the date hereof have been paid except ..........
Second half taxes 1974-75
.............................................
/. Tile land i~ cnctllllhercd by . no' . . . . . . . . .. .
mortgage (s) as follows: .
(a) T\lortgag-c recorded ill Liber ....... . " Page.................... in original amOUrH
of $...
... unpaid amount $...
heJci by
. . . . . . . . .. addr(~ss .
(b) l\lortgagc recorded ill Libel' .........
Page
. . . . . . . in orig-inal amount
uf $.
. unpaid amount $...
held by
. . . . . .. address ...
.
.
(c'l ),1(;] i~:l!:-:'C rcc,):'dc(: ill Lilwr
I';::
i,; ,;-igi 11~:l ~J.! Il()ll!] j
()I S.
111lp:lid :lliltll111t $.
h.ld ))\
... addrc.-;s
~ There arc no ()ther 1..'1Ictllllhr;ulu's ()r 1;,'11.-; :tg:lillst l:ll' Llild ('XCI.:;I\"
none
() The land lies III the [()1l0\\'jl1g ZI11111q.,:' 1h,' di'~~ri,'\,'A . .l.~~.S.~.q~p-.~?-.C!-l. .~r:Lcultur81..
JO. :\'0 part of the bud !ies under "\\"at('r \\'hcthcr tide \\',[;('r. :":'!ream, pond \\'ater or otherwise, cx-
c~'pt
none
. . . . . . . . . . . . . . . . .
: 1. The applicant :.;11:\11 at IS ('XjWlh,' ills;a!] ;\j, i"( _.l1ir('(! 1'1:];];( i-,llpr'J\'('lllCnh.
12. Tile hl1d OONiX-;X (doL'S ]lOl) 1il' ill a \\'atl'~' !) :<1';,'1 (I)" \\"aiJT Supply Distric~. Name OJ Dis-
tricl, if within a J)istrict. is ....
none
1,), \\'alt'l" :11:111h \vi!l he laid hy
none
and (ai (11<1) cliarg'l' \';il1 he illadc ior il;-.:;,al~itl.~' ..;,aid lll:llll..;,.
].L L~kctri( :illC,,;, alld :-;l:-l.lldarcJ:; \\'ill he in:..:.t:dled by
LILCO
an d (a) I~X) Cllar.l:"<' will be made tur i;l.:,tJ.1iil1~~ said
1l11l':":'.
1~. t ;:~..;, lllain:; \\-ill he ilhtalled hy
:1:1(1 (<1) (lIo) charge will be
none
........
lllade io1' iJ1:~t:tllillg ~aid tlJams.
!(l. If ,-.,trcI.:L..; ",l1ow11 Oil the plat arc clai1lled hy (lie <lPi)iic:lil', (t! ]Jl' cxi<tillg pubLc :i,rccb in t:ll'
Suttulk COUllty I Iigll\\'ay Systl'lll, allllC:X SCill'dllk "n.' 11('1'<:1(1. to shU\v same. Not Applicable
~lrl'd:- :-.h\I\\'11 I)]) [Ill' pht ;lr,~ Cl:tilllt'd 11\
"j'(J\'.;11 lJl SuulhtJlil ! ligll\\"<1Y .'iy,-.:l(,l~], all1li'"
;ljJli1i";11i[
~\-1.cd\lk "e"
. . " 1."
1 ,i j)(' \:~; 1 :-' " lll;~ 1 Jt 1 !l ; ) "
hereto t,1 :.;!Jo\\' salllt'.
:<1','" ,1\ ,ii('
Not Applicable
1;-:). Thn(' are no l'xi~tillg 11l1i]dlll.~',..;, (Or strllcI1;r(',,,;, (ill 'lhc bud \\'l1idl arc llll[ ]()cated ;lid :--hown
Oil the plat.
I(). \Y)\{,l"l' the plat :-.:.]Ul\\"c:. pnil)()..;,cd ~~rct't:-; \\')I:('ll ::re l"X!t'll...,iolb u\ s;rl'eh 011 ~(djoillillg ~t1h-
di\'i;;ioll lllap~ heretofore filed, there are 11U rl';,;cr\c strip;; at 1he t'lHl or the :".trrch on said
existing' map;; at their conjl1llctitlllS \\":t11 11~(' pru}lll...;,cd streets.
20. in the COlH~1.:' of thc~,e pnKccdillg'~", the <llJ]dic:tl1t will (lIfer proof of title as required by Sec.
335 of the Real Property L;:L\\".
21. Suhmit a copy
Schedule "D",
of proposed deed fur Juh
,
:'d:U\\ lllg
all
rcstricti{l)1~,
cuycnanb,
ctc.
Annex
.
.
22. The 3ppliclllt estimates that tbe co~t of g-r.. iii1g ::l.lld required public improvements will he:
$.......... as itemized ill Schedule "E" hereto annexed and requests that the maturity of
the Performance Bond he fixed at ............ years. Tbe Performance Bond will be written
hy a liccn,ed ourety compau)' l\ule" otherwise shown on Schedule "F". Not Applicable
DATE . .Febt:'uary. .2.1. .. .. .. . . .. .,
lpS. . .JOHN . S.IMICICH. and .JOHN .SPICEJAlUC. . .
(;';ame AI' ~jcant) ,
/
~
By............
(Si 0 tu~~~d~i~e~JOhn Simicich) (Partner)
Ole. Jule. Lane.o' .Mat.ti.elolCk). .New. .York
(Address)
STATE OF "EW YORK. COUNTY OF ..SUFFOI:.K.....................,ss:
On the. .27th.......... day of F.ebruar.y ............, 1'75...., before me personally came
JOHN .S.IMleICH..........
to me known to be the individual described in and wh<:,
executed the foregoing instrument, and acknowkdgcd that... .he....... executed the same.
~.O) J
. . .. . . .. . r. ..... .. u \. .. . .. .. . : .
:\ otary Public
CHAR R. CUDDY
Notary Publ.:, tate of t-low ':ark
No. 2-5872225
Qualified in Suffolk County
Commission Expirf>> March 3~ 197~
. . . . . . . . ss:
S1xrE OF i\EW YORK, COUNTY OF .....
On the-
day
. . . . . . . . . . . . .. of .. . . . . . . . ., 19. . . . . " before me personally GIP.1('
. to me knowll, who being by me duly sworn did de~
Jill;;\.: and
.";;1)" tki;
. .. rcside-; ;1 t :-.: u. ..'
. that
IS the....
of .....
the curpuratioll cle:-:.cribcd ill and \vhich execnted the fu(egoing instrument; that............ kno\\'~.
the "tal t)[ s:1id corpCJratiOll; that the ,'-:.'-'a1 affi.."Xcd hy urder of the board df di:-<..'cto[:-, Ol said coq)O[-
alion. and that ............ signed ............ name thereto by like order.
"N otary Public
"i'~~.'''''
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February la, 1975
Charles R. Cuddy, Esq.
Tooker, Tooker & Esseks, Esqs.
108 East Main Street
Riverhead, New York 11901
RE!: Simicich
Dear JVIr. Cuddy:
Enclosed find two applications for approval of
plat. Please haTe',them cqmpletedarid return to this
office wi tha,check for$3(Y representing the fee of
$10 per 10tin,a minor subdivision.
. ,
I will also need a 'legal description of the
property to be used for the notice of public hearing.
I am hopeful that a pUblic he~1ngcan,be held in
JVIarch if I'receive ,all of the above plus the revised
maps in the near future.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
Enclosures 2
.':"l","'~ '. '~":;"""" ,~" ....."~".:,...,.....~"....',.'''''''''''",."....'',,.,;.>"''!--~.'''!'-...,...,~~-',.'''1'''''''''''.._'''''''''''''......"
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Januar/28, 1975
,
:,'j
Robert Tasker, Esq.
i'lain Street
Greenport, New York
./
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Re: Sj,micic,h ;,Qlinor
'0:
Dear Mr. Tasker::
Enclosed f:lnd draft of an agree!', nt 'oetween
Mr. Simicich ,an(t the Tow:~ of Souttlol asorestonted
by HI'.' Cuddy at tbePlanninp: 'loard ,n', ting on .Janu<,3.ry
27. 19'15. -.
i\'e would appreciate,your 'COlill!!en1'.
j<
Yours truly, '.,
"
}~~,
Muriel Brush ~\~)ecretar'i
c;outhold TO~'Plarming' Board
Enclosure
T
.~.....~....._"..,...."~
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AGREEMENT BETWEEN JOHN SIMICICH, JR.
and JOHN SPICEJARIC and THE TOWN OF
SOUTHOLD
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THIS INDENTURE, made and entered into this day of
1975, between JOHN SIMICICH, JR., residing at Camp
Mineola Road, Mattituck, New York, and JOHN SPICEJARIC, residing
at 876 54th Street, Brooklyn, New York, hereinafter referred to
as the Party of the First Part, and the TOWN BOARD OF THE TOWN
OF SOUTHOLD, a duly organized municipal governing body for the
Township of Southold, Suffolk County, New York, hereinafter
referred to as the Party of the Second Part,
The Party/of the First Part desires to develop certain
premises described on Schedule A annexed hereto.
In order to assure the orderly development of said
premises the party of the second part has requested that the fee
ownership to rights of way described at Schedule B annexed
hereto shall be offered to the Town of Southold.
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FIRST: The deeds to any parcel included within the
premises described on Schedule A shall include the following
agreement to be subscribed to by the grantee of said parcel:
Subject to a right of way for ingress and egress
to and from Route 25 (Main Road), said right of way running
along the easterly line of said premises and being twenty-
five (25) feet in width throughout and being more particularly
described below, which right of way is subject to divestment
under the terms and conditions of an agreement between John
Simicich, Jr. and John Spicejaric and the Town of Southold
dated 1975, and recorded with the Clerk of Suffolk
County. The grantee herein and all subsequent grantees or
successors in interest shall execute the deed of conveyance
thereby signifying their acceptance of the terms and conditions
of the aforesaid agreement. The right of way is more
particularly described as:
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SECOND: At the time that the adjoining premises are
developed and a proposed public road laid out and approved
by the party of the second part, then the party of the second
part shall prepare and the party of the first part or the
successors in interest of the party of the first part shall
execute any and all instruments placing the fee ownership of
the right of way described on Schedule B in the Town of
Southold.
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THIRD: In the event that the adjoining premises do
not have public roads laid out, then the fee title to the rights
of way referred to herein shall remain with the then owner of
said premises.
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RE: JOHN SIMICICH, JR. MINOR SUBDIVISION APPLICATION
Proposed Clause To Be Included In Deed To The
Subject Premises
Subject to a right of way for ingress and egress
to and from Route 25 (Main Road), said right of way running
along the easterly line of said premises and being twenty-
five (25) feet in width throughout and being more particularly
described below, which right of way is subject to divestment
under the terms and conditions of an agreement between John
Simicich, Jr. and John Spicejaric and the Town of Southold
dated 1975, and recorded with the Clerk of
Suffolk County. The grantee herein and all subsequent
grantees or successors in interest shall execute the deed of
conveyance thereby signifying their acceptance of the terms
and conditions of the aforesaid agreement. The right of way
is more particularly described as:
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.
January 22, 197~j
Robert Tasker, Esq.
Main Street
Greenport, New Yor].\: 1194/+
L'E~ar Mr. Tasker:
Enclosed find m,,,p of proposed minor s'.lbdivision
of John Simicich. The Planning Board a2,ked for a
reservation of property east to west of twenty-five
feet each on lots 2 and 3 for possible future? dedi-
cation to the Town. The maps haveb"Ecn prepa.r'c,cl
showing this .fifty:',.Jo:: resel"\ration.
The ?1anning Board would like you to funlish
them witL wording for a covenant t.hat \J5_11 be
acceptable to the TO'ffi.
.Yours truly,
Muriel.. Brush, Secretary
Southdld Town Planning Board
Enclosure
'"-~
~ "'"""'--, "
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CLYDE: TOOKER (1896-1971)
ROBERT L. TOOKER
W!LLlAM W. ESSEKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
TOOKER, TOOKER & ESSEKS
COUNSELORS AT LAW
JOB EAST MAIN STREET
P. O. Box 268
RJVERHEAD, N. Y. 11901
516 PARK 7-3277
ANTHONY B. TOHILL
January 20, 1975
Planning Board of the
Town of Southold
Main Road
Southold, New York 11971
Gentlemen:
Enclosed herewith are twelve copies of an amended minor
subdivision map made for John Simicich, Jr. of property
located at the Main Road in Southold. The map has been
revised in accordance with your request to show a right
of way along the easterly boundary together with a right
of way at the northerly end of lot 2 and the southerly
end of lot 3.
We will present to you a proposed agreement offering to
the Town of Southold the right of way at the next meeting
scheduled for January 27, 1975.
Very truly yours,
c~~~
eRe/pc
Encls.
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December 2, 1974
Charles R. Cuddy, Esq.
P. O. Box 2613
Fldr\rerhead., r,Tew York 11901
He: Simcich rrn.n:)["
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Dear Mr. Cuddy:
The next regul.er meeting of the Southold Town
Planning Board will be held December 16, 1971+.
I have llchedu1ed you for a '):00 p.!Il. meeting.
Yours truly,
Muriel 3rush, Secretary
Southold Town Planning Board
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CLYDE TOOKER (t896~1971)
ROBERT L. TOOKER
WI LLIAM W. Ess EKS
MARCIA Z. HEFTER
CHARLES R. CUDDY
ANTHONY B. TOHILL
TOOKER, TOOKER &. ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STRE.ET
P.O Box 268
RIVERHEAD, N. Y. 11901
516 PARK 7-3277
November 1, 1974
Planning Board of the
Town of Southold
Main Road
Southold, New York 11971
Gentlemen:
Enclosed herewith are twelve copies of a sketch plan
of a proposed subdivision surveyed for our client,
John Simicich. As indicated by the survey it is
proposed to divide the property into three lots, each
of which are in excess of 40,000 square feet. Further
it is proposed to utilize a twenty-five foot right of
way on the easterly boundary of the property in order
to provide access to the lots designated as No. 2 and
No.3.
Kindly place this matter on your regular meeting agenda
and advise us as to the date and time of that meeting
so that we may attend on behalf of John Simicich.
Very truly yours,
~ ~d;-e}
GRG/pc
Encls.
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_,UNAUTHORIZED All"ATlC'N ~~ii~"- ,'( -: ~" .=~ I ~.
,TO THIS SURVEY IS A VIOLATlON'00)\"t'N:,r LI '"..A.NL..~ su~r../[ V()QS
SECTION 7209 OF THE NEW yoj''''-'--~.':';'QF FN'P-O" 1>1" :">.ly...._..-
EDUCATION LAW. '::__.,-:':'..: I _" 1'('.; Il_~._.
COPIES OF THIS SURVEY MAP NC -; -
,THE LAND SU~,V::YOR'S INKeD stAL '-
EMBOSSED SEAL SHALL NOT ~.E CON~:_
JO BE A VA.:!) T~.U~ COPY.
GUARANTEES INDlc.\';'[i) H~R(QN ~"'" '.;N
ONLY TO THE f'EkSO~~ FOR WIIC 'i.lWlY
IS PREPARffI, AND ON H!S {\"' ,u [HE
TiTlE COI.\~N~Y, ,;:-.. ..A_ AG~NCY AND
LENDING I~S;iTi..:ii;)N LISTED 1kF;::DN. A;':D
TO THE ASSIGNEES OF THE lENDING INSTI-
TUTION. GUARANl[~S A~~ ,,,:...-TI,,A:iSf~~ABU
~o ADDITIONAL INSTITUTIONS ell. 5uIlSfaUENf
OWNERS.
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