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HomeMy WebLinkAbout1000-59.-3-17N/F CO NVCA¥ LL \ 5.48 Oe I0 'vv:' 8O.0OO 6,96'7 AC 8Q. 008 (4./F DONAMUE 19B,O / 360, 68 N/n- LEVi NE , a ~G~UNU w_? C,r~. 3,$ 'r Y]~.ICA L LA'C()UT PLAN 11 _LU L ]J EL~VAT[Otq 900 GAL 5EDt-lC 'IA~i~ uti 8 61 2 # FILE 1 1988 FILEDSE 131988 - ~ 6O PLEASE NOTE j Minimum distance between well and cesspool is to be 150 feet. TEST HOLE CLAY L 5AN D 4 Q~A~/ELi PC)gL FACIL/TIE~_FO~ ALL LOT5 ON THIO MAP COdPLY ~U¢¢(~LK COUNTY DEPARTMENT HEALT~ )~U~, N~W york Thi~ J§ ~1 ¢~rtJb tlqat were i~¢f ~ auove eae These ~c I [~es taus(conform to construmiDn ~an~ard~ ~ effect at the (ne of cons[ruction. EMs apprDVd ~hdl be va d ody n th~.event said subdMdon/dDveb opmeR{ plan i¢ ~dY fi~e( w th the.CdenW Cletk within 6 ?on(~s of this ~te,'Oonsen[ s hereby siren for the filM8 of th~s map o~ whic~ t~l~ Dndersement aPPears n~he ~ff ce of [he County Clerk in accofQance with provisions of the Pubhc rlem[h Law and the SuDfd k ~-.._. ~- ;~ ~ldo AndreoJi, P.E. ~irector, Division ot Environmental Quality HAP 5LJBD! VJSION icezoo ~ 4c~ . . ,SCALE dCO ~ I- A?PF2OVED ,19 SOGld0bP' TOWN RECEIVED TAX, MAP DENT ¢ ~TI, REAL PROPERTY TAX SERVICE DATE: VAN TLJYL RC, i ~'..G OF- ter supply 0NIorN] to tion. This on/deyel- ~onths of Cier~ in Suffolk Seoli, P.E: MAP 19881 APFF2OVED 5OOTkiOLP TO'¥'V N _ _P_L__A_~ ~j N _G.~B~ ~1!~~ [FZEAL PIL:~3FEP_.TY TAX ~.SE'I~.VICE , RECEIVED BY i JU~I 1~ 1987 vTD HE'I~ E DY CEEI'2_Tt FY Tt-I~T Ni_O. 1,4.ADE DY d'5 Fr20/,d ACT COhflPLIETDD JU~E IT, 1987 APPROVED BY PLANNING BOARD TOWN OF SOUTHO'. DATE //~ ~ I ., /,'.- SEAL N E ',% HAP OF .e0B~IVI~,ION 1'4t~)E FOR ARelRIO~ pAPADOPOULOe, AND FILED IN Tt-JE OFFIC, E OF THE C, LERK OF .eUFFOLK $~IIUAIIB: S©UTH©LD ~U~POL~ 6©~T~ TAX ~ ~ooo - o~oo -osoo - olloo~ ~ED, J2~2 A~ ~-I~ ?~,, ;~OVED / / / / · MONUMENT · SPIF--.E C) DRILL HOLE ®RAPHIC, 5GALE I"= IOO' / / / JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.C:kDocuments and Settings\Owner'~'ly Documents~Vly Dropbox\02\02\02-342b REVISED 10-18-2010.pro Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (5t6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 1988 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Papadopolous and Maragos SCTM #1000-59-3-17 Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board on Thursday, August 4, 1988. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final survey of this major subdivision. Map dated June 17,1987. If you have any questions, please do not hesitate to contact this office. Very t~_~ruly yours CHAIRMAN jt PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSK/ October 19, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. George L. Penny, IV 9305 Soundview Avenue Southold, NY 11971 Re~ Approval to Amend Lot 3 as indicated on the Subdivision Map of Argirios Papadopoulas and George Maragos Located on the nle/s/o Kenny's Road, 705.05' n/w/o CR 48, Southold SCTM#1000-59-3-17.3 Zoning District: A-C Dear Mr. Penny: The Southold Town Planning Board, at a meeting held on Monday, October 18, 2010, adopted the following resolutions: WHEREAS, this proposal is to amend Lot 3 of the filed approved major subdivision map for Papadopoulos & Maragos, a major subdivision which created 5 lots on 14.344 acres in 1988; and WHEREAS, Mr. George Penny owns Lot #3, SCTM#1000-59-17.3, which totals 6.967 acres and which has upon it a 25' wide area noted as "Reserved for Possible Future Dedication to the Town", running alongside a Long Island Power Authority power line utility easement; and WHEREAS, on October 5, 2009, the petitioner requested that the Southold Town Planning Board consider removing the 25' wide area reserved area delineation and notation from Lot 3 of the filed and approved subdivision map; and WHEREAS, this 25' wide area with the above-referenced notation was created as a condition of subdivision approval in the event adjacent properties were to be further subdivided and the use of a connecting road would have been required; and WHEREAS, the adjacent property (SCTM#1000-59-3-26.1) has not been subdivided to date; and WHEREAS, should the above-referenced adjacent property be subdivided, there is access from C.R. 48; and Penny Page Two October 19, 2010 WHEREAS, should the above-referenced adjacent property be subdivided, the proposed 25' width would not meet current Southold Town Highway Specifications (§161-15) for right-of-way width to accommodate a subdivision of more than 5 lots; and WHEREAS, the Southold Town Planning Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation on the map; and WHEREAS, on March 8, 2010, a public hearing on the matter was held and closed by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds the previously issued Conditional Final Approval granted on April 12, 2010 upon the subdivision map of Argirios Papadapoulos and George Maragos; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval to the petitioner's request to amend Lot 3 of the filed subdivision map known as the "Subdivision Map of Argirios Papadopoulas and George Maragos" originally filed on August 4, 1988 by removing the delineation of the proposed future right-of-way, as well as the notation "Reserved For Possible Future Dedication To The Town". Enclosed please find a copy of the map which has been endorsed by the Chairman. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman Please note the following: The amended plan for Lot 3 shall be filed with the County Clerk by the applicant within 62 days of the date of final approval, or such approval shall expire. The approved amendment above is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the Suffolk County Clerk. 10654 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 20th day of July, 1988, by ARGIRIOS ~ ',~ PAPADOPOULOS, residing at 154-11 28th Avenue, Flushing, N.Y. 11354, ~ ~ ~jand GEORGE MARAGOS, residing at 307 Melbourne Road, Great Neck, N.Y. ~ 11021, hereinafter referred to as "Declarants'. ~ ~, , .... ~ W I T N E S S E T H : WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Southold, Town of Southold, County of Suffolk and State of New York, containing 14.374 acres, and designated on the Suffolk County Tax Map as District 1000, Section 059, Block 03 and Lot 17; being the same premises conveyed to Declarants by deed dated February 9, 1985, recorded in the Suffolk County Clerk's Office on February 28, 1985, in Liber 9743 page 537, and referred to herein DIST as the "premises'. 1000 WHEREAS, the Declarant intends to subdivide said premises for SEC resident~a! purposes and desires to subject said premises to certain 059.00 reservations, restrictions, conditions, covenants and agreements. BLK NOW THEREFORE, the Declarant does hereby declare that the 03.00 aforesaid premises and every portion thereof is hereby held and shall LOT be conveyed subject to the conditions, covenants and restrictions 017.000 hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. Lot No. 3 as shown and designated on the subdivision map entitled NSubdivision Map made for Argirios Papadopoulos and George Maragos at Southold, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office, shall not be further subdivided. This covenant will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and said map is accepted by and filed with the Suffolk County Clerk. 10654 Pg464 2. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity, except with the permission of the Southold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. STATE OF NEW YORK SS.: Count¥ofSuffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that If.have compar.e.d the a~nnexed copy of and that it is a just and true copy of such original ~( ~ , z and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this c~ ~ day/cf ('~,.~/- ~j.. 19 o~ Form NO. 104 .,~.,~_ Clerk. v 12-109:1/84 Legal Description Lot 3 "Map of Subdivision Made for Argirios Papadopoulos and George Maragos" Filed in the Office of The Clerk of Suffolk County Sept. 13, 1988 as Map No. 8612 Further Described As: Lot Number 3 as shown on a certain map entitled "Map of Subdivision Made for Argirios Papadopoulos and George Maragos" filed at the office of the Clerk of Suffolk County on Sept. 13, 1988 as Map Number 8612 and being further described as follows. Beginning as a Spike found at the Point and or Place of Beginning at a point on the Easterly line of Kenny's Road said spike marking the Southwest corner of Lot 3 and the Northwest corner of Lot 4 and being 1,082.89' from an angle point that connects the Easterly line of Kenny's road with the Northerly line of County Road 48. Running thence from said spike at the Point or Place of Beginning North 41057'50" West, a distance of 158.25 feet to Lot 2 as shown on the above mentioned Filed Map thence along Lot 2, and then Lot 1 the following two courses and distances North 48°02'10'' East, a distance of 457.14 feet; thence North 41°57'50" West, through a monument and to a pipe a distance of 361.25 feet to Land of Suffolk County Water Authority; thence along the land of Suffolk County Water Authority, and also Lot 4 as shown on a map entitled "Minor Subdivision Prepared for RHR Realty Co." Map no. 8811 as Filed on Sept. 13, 1989; North 46°37'30" East, a distance of 243.96 feet to the land of Mike Venetis and Irene Ventis; thence along said land of Ventis South 42o40'20'' East, a distance of 886.35 feet other land of Suffolk County Water Authority; thence along said land South 46o38'50" West, a distance of 167.62 feet to Lot No. 5 as shown on the above mentioned Map; thence along lot 5 North 41°57'50" West, a distance of 210.29 feet, through a Spike and further along Lot 4 to a spike at the Northeast corner of Lot 4 on the above mentioned map and thence along the northerly line of Lot 4 South 63°51'00" West, a distance of 565.82 feet to the above mentioned spike on the Easterly line of Kenny's Road and the Point and or Place of Beginning. Said Lot containing 303,687 Square feet or 6. 97169 Acres doBr~ C. Ehlers Land Surveyor NY,~Lic. No. 50202 , 5 20i8 Submission Without a Cover Letter SCTM#: 1000- ~"t~S(~-- "~ 1'91. .___~ ,~..t..c[,~(1,,.~L~S &~'~ Comments NOV - 1 2010 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-39564 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original MISCELLANEOUS - DEED recorded in my office on '11/0112010 under Liber D0001264'1 and Page 773 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11/0112010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE -1 2010 SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MISCELLANEOUS - DEED ~m~er of Pages: 6 Receipt ~m~er : 10-0127427 District: Section: Block: 1000 059.00 03.00 Recorded: At: LIBER: PAGE: EX~MINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $0.00 NO EA-STATE TP-584 $0.00 NO Notation Cert. Copies $7.50 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 11/01/2010 10:44:05 AM D00012641 773 Lot: 017.003 Exempt $20.00 NO $15.00 NO $0.00 NO $0.00 NO $30.00 NO $107.50 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit C~tified Copy ) NYS ~urchar~e Other 20. 00 5. 00 4 [Dist. Real Property Tax Service Agency 6 Deed / Mortgage Tax Stamp FEES Sub Total 15. 00 Sub Total Grand Total ' 1000 05900 0300 017003 Reco[ding / Filing Stamps Mortgage Amt. l. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County. Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ 8 ification Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk I 7 I 310 Center Drive, Riverhead, NY 11901 I Co. Namc www. suffolkcountyny, gov/clerk I Title # Improved Vacant Land TD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part ofthe attached I,O I ~--~, _~ ~-~ /'~tD (SPECIFY TYPE OF INSTRUMENT) ~) O ~ ~ ~ ~--- % t~') ',~,.~'L~ (3 k..~"~e premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~ O k...,Ki'~-~"'4, ~b ~ ' the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ~-0,0,..~o~0~a (over) ' PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L, TOWNSEND DONALD J. WILCENSKI October 19, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. George L. Penny, IV 9305 Soundview Avenue Southold, NY 11971 Re: Approval to Amend Lot 3 as indicated on the Subdivision Map of Argirios Papadopoulas and George Maragos Located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, Southold SCTM#1000-59-3-17.3 Zoning District: A-C Dear Mr. Penny: The Southold Town Planning Board, at a meeting held on Monday, October 18, 2010, adopted the following resolutions: WHEREAS, this proposal is to amend Lot 3 of the filed approved major subdivision map ,for Papadopoulos & Maragos, a major subdivision which created 5 lots on 14.344 acres m 1988; and WHEREAS, Mr. George Penny owns Lot #3, SCTM#1000-59-17.3, which totals 6.967 acres and which has upon it a 25' wide area noted as "Reserved for Possible Future Dedication to the Town", running alongside a Long Island Power Authority power line utility easement; and WHEREAS, on October 5, 2009, the petitioner requested that the Southold Town Planning Board consider removing the 25' wide area reserved area delineation and notation from Lot 3 of the filed and approved subdivision map; and WHEREAS, this 25' wide area with the above-referenced notation was created as a condition of subdivision approval in the event adjacent properties were to be further subdivided and the use of a connecting road would have been required; and WHEREAS, the adjacent property (SCTM#1000-59-3-26.1) has not been subdivided to date; and WHEREAS, should the above-referenced adjacent property be subdivided, there is access from C.R. 48; and penny Pa~e Two October19,2010 WHEREAS, should the above-referenced adjacent property be subdivided, the proposed 25' width would not meet current Southold Town Highway Specifications (§161-15) for right-of-way width to accommodate a subdivision of more than 5 lots; and WHEREAS, the Southold Town Planning Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation on the map; and WHEREAS, on March 8, 2010, a public hearing on the matter was held and closed by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds the previously issued Conditional Final Approval granted on April 12, 2010 upon the subdivision map of Argirios Papadapoulos and George Maragos; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval to the petitioner's request to amend Lot 3 of the filed subdivision map known as the "Subdivision Map of Argirios Papadopoulas and George Maragos" originally filed on August 4, 1988 by removing the delineation of the proposed future right-of-way, as well as the notation "Reserved For Possible Future Dedication To The Town". Enclosed please find a copy of the map which has been endorsed by the Chairman. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman Please note the following: The amended plan for Lot 3 shall be filed with the County Clerk by the applicant within 62 days of the date of final approval, or such approval shall expire. The approved amendment above is void If revised after approval. No changes, erasures, modification(s), or revisions shall be made to any plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the Suffolk County Clerk. CERTIFICATE OF ACKNOWLEDGMENT STATE OF NEVV YORK ) ) SS.: COUNTY OF SUFFOLK) On the 19th day of October in the year 2010 before me, the undersigned, personally appeared Martin H. Sidor, Chairman of the Town of Southold Planning Board, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Legal Description Lot 3 "Map of Subdivision Made for Argirios Papadopoulos and George Maragos" Filed in the Office of The Clerk of Suffolk County Sept. 13, 1988 as Map No. 8612 Further Described As: Lot Number 3 as shown on a certain map entitled "Map of Subdivision Made for Argirios Papadopoulos and George Maragos" filed at the office of the Clerk of Suffolk County on Sept. 13, 1988 as Map Number 8612 and being further described as follows. Beginning as a Spike found at the Point and or Place of Beginning at a point on the Easterly line of Kenny's Road said spike marking the Southwest corner of Lot 3 and the Northwest corner of Lot 4 and being 1,082.89' from an angle point that connects the Easterly line of Kenny's road with the Northerly line of County Road 48. Running thence from said spike at the Point or Place of Beginning North 41Q57'50'' West, a distance of 158.25 feet to Lot 2 as shown on the above mentioned Filed Map thence along Lot 2, and then Lot 1 the following two courses and distances North 48°02'10" East, a distance of 457.14 feet; thence North 41°57'50,' West, through a monument and to a pipe a distance of 361.25 feet to Land of Suffolk County Water Authority; thence along the land of Suffolk County Water Authority, and also Lot 4 as shown on a map entitled "Minor Subdivision Prepared for RHR Realty Co." Map no. 8811 as Filed on Sept. 13, 1989; North 46Q37,30- East, a distance of 243.96 feet to the land of Mike Venetis and Irene Ventis; thence along said land of Ventis South 42°40'20- East, a distance of 886.35 feet other land of Suffolk County Water Authority; thence along said land South 46°38'50'' West, a distance of 167.62 feet to Lot No. 5 as shown on the above mentioned Map; thence along lot 5 North 41°57'50" West, a distance of 210.29 feet, through a Spike and further along Lot 4 to a spike at the Northeast corner of Lot 4 on the above mentioned map and thence along the northerly line of Lot 4 South 63~51'00- West, a distance of 565.82 feet to the above mentioned spike on the Easterly line of Kenny's Road and the Point and or Place of Beginning. Said Lot containing 303,687 Square feet or 6.97169 Acres ~yOs~J~ . ENh~r~c ~d Surveyor N S SURVEY O~ LOT 3 TOWN: SOU'I"H©LD SU~F©LK COUNTY, NEW YO~X ~3FFOLK C<~JNTY TAX # APPRq'i: TOWN · MONUHENT ~PIKE DRILL HOLE ~RA~H (7, SC, ALE I"= I00' JOHN C. EHLERS LAND SURVEYOR RF~.C:~Documents and SeUings~Owner~My Docume~ts~V/y Dropbox~02\02\02-342b REVISI~ 10-18-2010.pro Sadoo~ Tamara From: Sent: To: Subject: Lanza, Heather Thursday, October 14, 2010 9:39 AM Sadoo, Tamara George Penney reso Tamara, found these notes I had made last week on this: 1st resolve: Rescind April reso. 2nd resolve: Approve Amendment to Lot 3 of the filed subdivision map known as , and originally filed on ,to remove the delineation of the Proposed future right of way, as well as the notation "Proposed for future Dedication .... " Reword mentions of 50' easements - there was no easement - there is one for the LIPA easement, but no easement filed. Instead it was a notation for a future r.o.w. Use standard language for filing - they have 62 days to file the maps or this approval is invalid .... what we usually state for final approvals for subdivisions to be filed. Submission Without a Cover Letter Sender: ~.~ Subject: SCTM#: 1000- Comments: OCT 1 § 20~0 P.O. Box 1179 54375 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 To: Mr. George Penny From: Tamara Sadoo Fax: 631-765-9261 Pa,as: 2 (including cover) Ph~ .ate: October 12, 2010 Re: Final Approval Resolution cc: U~gent For Review Please Comment Please Reply As Requested Dear Mr. Penny, As discussed at the October 4, 2010 Southold Town Planning Board Work Session, enclosed is a copy of the pertinent 'Whereas" and "Resolved" clause which will be part of the resolution granting Final Approval on October 18, 2010 for your request to amend the subdivision map of Argidos Papdopoulas and George Maragos, Lot 3, SCTM#1000-59-3- 17.3. Thank you. WHEREAS, the Southold Town Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation upon the filed and approved map; and 1) WHEREAS, the applicant is required to submit to the Southold Town Planning Board a copy of the new filed and recorded amendment to the map of Lot 3 only as shown on the Subdivision Map of Argirios Papadopoulas and George Maragos, originally filed in the Office of the Suffolk County Clerk on September 13 1988 as Map #8612, with liber and page number from the Suffolk County Clerk's Office reflecting the removal of the above-referenced notation; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Approval to the petitioner's request to remove the above-referenced notation from the filed and approved subdivision map. Once the applicant has submitted the revised filed map of Lot 3 on the Subdivision Map of Argidos Papadopoulas and George Maragos, the Chairman is authorized to sign the amended map for Lot 3 for Final Approval. The applicant shall have 180 days from the adoption of a resolution of conditional approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved final plat shall not be filed until all conditions have been met. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 4, 2010 4:00 p.m. Applications: Locabon: on the s/s/o Old Ma~n Road, approximately 1,953 w/o uo~pmn unve, known as 750 Old Main Road in Southold D~.s~i~{i~n: i ~l~i~ ~r~d~'~" ~ t~'"~i~;~"i~ f(~"~ ~; ~o~~'"{i~'~'~{i~'~ ~ ~'~'~"sq' fi' and an alteration to 3,923 sq ff of ex~stmg build ng space on a 1.4438 acre parce n the Mil Zone ...................... Status Approved Site Plan ................................................................. A~ti~ ~t"S {~'~-issue Site Plan Approva. Th s approval exp~reo ~, on 3/14/08 ......................................................... A~tach me.nts: M.e~ o from ~wn .Eng~negr ................................................. : .. · - - Project name: Sawlckl, Edward - Conse~atlon TM 000 125 3~.1 Subdivision/ODA ' L .................. .... Location: 2700 NYS Route 25, Laurel ............................................. ~division as the first step of an Open Development Area (ODA) on a total of 13.0464 acres in the AC Zoning District. Proposed Lot 1 will total 21,288 sq. ff. (.4887 acres). Proposed Lot 2 will total 62,401 sq. ff. (1.4325 acres) and Proposed Lot will have a rese~ed area which will total 27,635 sq. ff (.6344 acres) and a prese~ed area with the Development Rights sold which will total 456 977 s~ ff (10 4908 acres) Status Open ................ Act on Rev ew Sketch App cat on/accept for formal rewew. Attachments Staff Rep?.~ ............................ Locat on 3450 Private Road ~13, Mattituck ......... , would total 1.836 acres (80,003 sq. ff.) and Lot 2 would total 3.743 acres 163044s ff ntheR-80Zonn Dstrct Status Sketch Review Action: Rev ew comments from referring agencies. Attachments: :: Staff Repo~ Pro'ect name' Penn , Geor e ~ SCTM~ 1000-59-3-17.3 Locat on' nlelslo Kenny's Road, 705 05' n/w/o CR 48 Southold Descr pt on Amend Subd v s on Map of Argirios Papadopoulas and George Maragos . Statu~ ~ndmept..gmnted ~ond t?ga!..~PP ~9~a! Action: ~ Amend previous Amendment of April 12, 2010. A~achments ~9 na an.d.~mende.d.Ame~dmen~.R~olu~ion Attn: Martin Sidor Planning Board Town of Southold 54375 Main Road Po Box 1179 Southold, New York 11971 Mr. & Mrs. George L. Penny IV Mr. & Mrs. George L. Penny V 9305 Soundview Avenue Southold, New York 11971 October 2, 2009 Re: SCTM# 1000-59-3-17.003 ~/~ ('v~ ~/ ~'~2C) OD,.~c,~ Kenney's Road, Southold ~ ¢ ) , De~ Mr. Sidor: ~..~ ~ We ~e ~e omers ofprope~y located at ~Kenney's Road, Sou~old, New York. more commonly ~om ~ SCTMg 1000-059.00-03.00-017.003. A copy of the most recent s~ey h~ been a~ched for yo~ convenience (Exhibit 1). Our lot was created as p~ of a subdivision of ~gifios Papadopoul~ ~d George M~agos in 1988 ~d approved by ~e Pla~ing Bo~d on November 17, 1988. As a condition of the sketch plan approval, the Planning Board required the "reservation" of a 50 ft. strip of land for possible future dedication to the Town. Please see the attached survey. Additionally, 25 feet of this area is included on a LIPA easement, which has been utilized from time to time by LIPA for the maintenance of its power lines and existing metal towers. Upon review of the materials from the Planning Board file, (copies of pertinent portions of the file are attached as Exhibit 2), it is evident that the Board's interest in reserving this strip of land was in the event the adjacent properties were to be further subdivided and the use for a connecting road would have been required. However, the adjacent properties have never been subdivided and do not require a connection to Kenney's Road as they have frontage on CR 48 (See attached tax map, Exhibit 3). Finally, covenants and restrictions were filed in connection with this subdivision, which do not refer to this 50' reservation indicating that this condition was not intended to mn with the land in perpetuity (see attached copy of C&R's, Exhibit 4). October 2, 2009 Page 2 We respectfully request that the Planning Board consider the adoption of a resolution relinquishing any fights the Planning Board created and abandon this reservation. We welcome the opporttmity to discuss this matter with you further and like to be placed on the agenda for your next available meeting. Thank you. Sincerely, Sylvia V. Penny NOt~5: · HONUMENT · ~TAK. F AREA = ~0~6~'I 5.F. OR 6.q'/ ACRE5 ®RAPHIC, ~C_.,ALF I"= IOO' MAR 2 2 2O04 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Ip server~dXPROS\02-342b.pro SURVEY OF LOT ~ MAP OF SUBDIVISION MAIPE FOP-. A~61t~.IOS PAPADOPOULOS AND ~EO~E MA~O~ FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUN~ ON SEPT. ID, Iq~¢ A~ ~AP NOMBE~ ¢~12 $~A~: $O~0LD TO~: $O~OLD $~OLK CO~, ~W YO~ ~UPPOL~ OOUNT% TAX ~ IOOO - osqoo -O~OO - OI9OO~ SURVEYED, 12-O4-O2 PROPOSED BUIL~IN®~ O2-Oq-O4 AMENPEE) October 20, 198~ Planning Board Meeting RE: Papadopolous and Maragos 8:15 p.m.- Mr. Rudy Bruer,~sq. was presen~ for an appointment to discuss the major subdivision of Papadopolous and Maragos located at Kenney's Road, Southold for 5 lots on 14.344 acres. Mr. Papad~polous and Mr. Maragos were also present. Mr. Orlowski indicated that the Board had some questions which ~R,why they reque~eed Mr. Bruer to be present. Mr. Orlowski questioned if there wo~ld be a covenant on Lot No. 3 staging no further ~ubdivision. Mr. BruersS~aeed that he believed there'would'be one. Mr. Orlowski al~o qu.estioned if the applicants Kouid.be willing to ~eav~ a 50' paper ~oad on the map in case of %n~ 'further subdiviSion.-which might have use for a connecting road. ~Mr. Bruererequested suqqestions from the Baerd as to . ~here it would De located.. Mr. Orlowski stated that it could rRn along the p~wer line or along lot no. '4. Mr. Bruer stated that this would not beba p~oblem,aasl~ong as it was not in violation of the eas.eme~h. Mr. Bruer and Mr. Orlowski agreed that ~hey could not violate the~LILCO easement. Mr. BrHer s~.~ae~dt%~na~ ~nere would.~ot ~e a problem and ~y would-offer lt~for dedication, at the Town s o~tion' whenever they want 1~ ~Mr. Or£owski stated that if the mad is a~justed to indicate a ~9' right,of,way ~oing to,the back of the propertyfor future dedication and provide the ~equ~sted covenanhs and restrictions, l~wou~d be-e~ceptable. Mr~ Bruer questioned if theyBoard wanted the road underneath LILCOopo~l~ne~. Mr. Ward stated that it sho~ be parallel.an~r~kBt~dquestioned the covenants on no further subdivision and using of the word perpetuity. Mr. Bruer questioned what the Board means by the word in perpetuity. MndO~o~m~t~&e~dt~at theBoard mean~ forever, Mr.B~ere stated that ~here is a law in the state against perpetuities and he' felt that perpetuity would mean subject to the review of this Board-or whatever Board sits here .fn the future in place of this Board. Mr. Orlowski stated that the Board was asking for the covenant and not mandating it. Mr. Bruer stated that he fe~t that it was not'right to dictate what is going to h~ppen to-the property today and 100 ~ears from now, he felt that the Town official 100 years.now s~ould have'~ight to say what that means. Mr. Orlowski questioned how the covenant would be worded. M~r. BBuer stated that it would be in perpetuity subject to the right of the then Planning Board or its then substitute or equivelant to change that.. Mr. Mullen stated that this might be that-w~y anyway. Mr. Bruer stated that while that may be the case he would like that it be spelled ~ut now so that it is not a problem in the future. Mr. Orlowski stated that this was not a problem. The applicant stated that he would like to have the opeion to farm that land. Mr. ~rlowski stated that this was acceptable. Mr. Bruer questioned if h~s applicant would be doing further subdivision and he replied that he would not. Mr. Bruer questioned the road and what w~u~ happen if the'road is put--in and then the lot has a shortage.of.~ron=age and he hoped t~at the Board wo~ld ~~blyyon any variance that wou£~ De requ~re~.~M~. Orlowski statedthhat it would 10ok like it wou~d work out so that this would not be a pboblem. Papadop~u~os and Maragos cont. Page 2 - Mr. Orlowski sta{ed that the easeme~o~d only be a'right-ofSway over the property-and it would not affect any lot width. Mr. Bruer-questioned if the Board would want it as arright-of-way or an easement. Mr. Taster, Town ATtorney, who was also present, stated that an easement and a right-ofww~y are the same th&ng. ~ M~.. Bruer questioned ff he could ~t the easement in the LtLCO easment and Mar Task~r Stated thathhe%~ould have to check the LILCO easement agreemenh. On a motion made by Mr. Edwards, and seconded by Mr. Ward, It was RESOLVER ~h~t th~ $outhold Town Planing Board approve the sketch map of the major subdivision of Argirios Papadopo~los and George'Maragos located at Ke~ney's Road, South~d for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to: 1. Covenants and restrictions, be no further.subdivisin of Lot of the County Clerk. stating that there will No. 3, filed in' the office 2. Revision of the survey to indicate a 50' easemen~ ~ ~ture d~dication ~ot~e Town parallel to the LILCO easement. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards, Wards ?6: Raymond L, Jacobs, Superintendent Report No. ~.~0 Sou=hold Highway D artment J ]N F~om: John W. Davis Date: December 22, {986 Re: Preliminary Major £u~divia£on for Papadopoulos and Maragos Hap by Van Tuyl dated December 10, 1986 5 I987 Comments: 1"ne following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as qReserved for possible future dedication to Town." Twenty five (25') feet of chis width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50'ft. R.O.W. for any future-road construction. Apparently the 50 ft. R.O.W. is not shown correctly for a major subdivision. Also, all the lots have frontage on'Kenny's Road and an entrance road is not necessary for this subdivision only. From observation and what-few contours are shown the runoff from most of the; lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which Will be increased when houses are buil~ and the lots graded.. Recom~endatlons: Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced top slab and inlet type castin8 on Kenny's' Road, Approximate locations - one each at N.W. and S.W. cbrners of property, one at common .property line lots 4 and 5, one at Lilco R.O:W. and one at common prouerty llne aC lots ] and 2. John W. Davis Southold Town Planning Board .Highway Committee L. M. Tuthill, P.E. 059 2?.3 (21) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 20th ~ %\ PAPADOPOULOS, residing at 154-11 ~ ~=~'~ and GEORGE MARAGOS, residing at EC 59.00 17.000 day of July, 1988, by ARGIRIOS 28th Avenue, Flushing, N.Y. 11354, 307 Melbourne Road, Great Neck, N.Y. ~ 11021, hereinafter referred to as "Declarants'. .... ~: WI TNE S SETH : WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Southold, Town of Southold, County of Suffolk and State of New York, containing 14.374 acres, and designated on the Suffolk County Tax Map as District 1000, Section 059, Block 03 and Lot 17; being the same premises conveyed to Declarants by deed dated February 9, 1985, recorded in the Suffolk County Clerk's Office on February 28, 1985, in Liber 9743 page 537, and referred to herein IST as the 'premises". 000 WHEREAS, the Declarant intends to subdivide said premises for resident{.a! purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. LK NOW THEREFORE, the Declarant does hereby declare that the 3.00 aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees thgt the premises so purchased shall be held subject 'to the covenants, conditions, and restrictions hereinafter set forth. 1. Lot No. 3 as shown and designated on the subdivision map entitled "Subdivision Map made for Argirios Papadopoulos and George Maragos at Southold, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed'in the Suffolk County Clerk's Office, shall not be further subdivided. This covenant will be effective only at such time as the South01d Town Planning Board endorses the subdivision map and said map is accepted by and filed with the Suffolk County Clerk. 10654 2. That al~ of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in ful! force and effect at all times as against the owner of the premises or any portion thereof in 9ergetuity, except with the permission of the Soutbold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns; any owner of any portion of the aforesaid prem£ses, their heirs, successors an~ assigns, and the Town of Southol~, 'and its successors anO assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. STATE OF NEW YORK CountyofSuffolk I. JULII=I I E A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I.have compared the annexed copy of · j and true copy of such original .4. ~ ~ and of the whole thereof tN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said ~ Clerk. Form NO. 104 N SUI~V~Y ©P LOT f"1AP OF SUDDIVISION HADE FO~ A~I~iOS PAPA~O~OUKO$ AN~ THE OFFICE OF THE OLE~ OF 5UFFOL~ $~A~: SO~HOLD TO~: SO~HOLD $~OL~ CO~Y, ~W 9UFFOL~ COUNTY TAX IOOO - OSqOO -0500 - SuF:'.VEYEP: 12-04-02 P'R. OPOSED E~UILPlN®S 02-0q-04 Ai'4ENDED OD-18-OD GEORG~ L. F~xlNY IV $~LWA · hdONUhdENT · STAKE AREA = ~0~66U S.F, OP-- 6.cl-/ ACRES ®P-.APHIC SCALE I"= IOO' i MA~22 2004 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 ILEF.\Lqp server\d~PROS\02-342b.pro 8612 .FILl?NO. F1LEDSE? 131988 PLEASE NOTE Mi[liFnum Ols%a~ce ~IweGn Well Mr. & Mrs. George L. Penny IV . . Mr.&Mrs. GeorgeL. PennyV ~ ~ ~ ~ 9305 Soundview Avenue / ~f~ ~, 0 ~.Southold, New York l1971 ~JcD~ /~ /~ ~~ October2,2009 , .,~ ~o 5¢.'~'- Attn: M~inSidor ~,~~ O~' ~ Pl~ingBo~d ~ . g ~ ~ ~ ~,..~ To~ of Southold ~ ,/q-~ ~ ~/ ( ~ t . .~~ 54375 Main Road ~0~~ ~* ~ ~,~ ~:5}~:'~>~'~:~'~'z':e~~ Sou~old, New York 11971 / <~'~ ~ } i:, ~', ~~: Kenney's Road, Southold ~ ~ ' Dear Mr Sidor' ~ ~~~u We ~e the owners of prope~y located at 705 Kenney's R~fthold, New York, more commonly knom ~ SCTM~ 1000-059.00-03.00-017.003. A copy of~e most recent s~ey has been attached for yo~ convenience (Exhibit 1). Our lot was created as pa~ of a subdivision of Argifios Papadopo~ and George M~agos in 1988 ~d approved by the Pla~ing Board on November 17, 1988. As a condition of the sketch plan approval, the Planning Board required the "reservation" of a 50 fi. strip of land for possible future dedication to the Town. Please see the attached survey. Additionally, 25 feet of this area is included on a LIPA easement, which has been utilized/'rom time to time by LIPA for the maintenance of its power lines and existing metal towers. Upon review of the materials from the Planning Board file, (copies of pertinent portions of the file are attached as Exhibit 2), it is evident that the Board's interest in reserving this strip of land was in the event the adjacent properties were to be further subdivided and the use for a connecting road would have been required. However, the adjacent properties have never been subdivided and do not require a connection to Kenney's Road as they have frontage on CR 48 (See attached tax map, Exhibit 3). Finally, covenants and restrictions were filed in connection with this subdivision, which do not refer to this 50' reservation indicating that this condition was not intended to run with' the land in perpetuity (see attached copy of C&R's, Exhibit 4). October 2, 2009 Page 2 We respectfully request that the Planning Board consider the adoption of a resolution relinquishing any rights the Planning Board created and abandon this reservation. We welcome the opportunity to discuss this matter with you further and like to be placed on the agenda for your next available meeting. Thank you. Sincerely, Sylvia V. Penny October 20, 198~ Planning Board Meeting RE: Papadopolous and Maragos 8:15 p.m. Mr. Rudy Bruer,~sq. was present for an appointment to discuss the major subdivision of Papadopolous and ~aragos located at Kenney's Road, Southold for 5 lots on 14.344 acres. Mr. Papadopolous and Mr. Maragos were also present. Mr. Orlowski indicated that the Board had some questions which ~R.why they requested Mr. Bruer to be present. Mr. Orlowski questioned if there wo~ld be a covenant on Lot No. 3 stating no further ~ubdivision. Mr. Bruer~]s~a~ed that he believed there would be one. Mr. 0rlowski al~o questioned if the applicants ~ould be willing to ~eave a 50' paper road on the map in case of any further subdivision_which might have use for a con~-ecting road. Mr. Bruererequested suqqestions from the Bsard aS to ~here i~uld be located. Mr. Orlowski stated ~hat it could run along the p~wer line or along lot no..4. Mr. Bruer stated that this would not beba problem,aasi~ong as it was not in violation of the easement. Mr. Bruer and Mr. Orlowski agreed that they could not violate the LILCO easement. Mr. BrRer sta~--~at ~here wouldnot be a pro_~-RTrd-3~y w6uld-offer ~t for dedication, at the Town's o~tion whenever they want ~t. Mr. Orlowski stated that if the map is adjusted to-indicate a 50' right-of,way going to the back of the propertyfor future d~edication and provide the requested covenants and restrictions, · t wou~d be a~ceptable. Mr. Bruer questioned if theyBoard~ wanted the road underneath LILCO.po~e~l~ne~. Mr. Ward stated that it sho~l~ be parallel.anMr~kB~dquestioned the covenants on no further subdivision and using of the word perpetuity. Mr. Bruer questioned what the Board means by the word in perpetuity. MndO~o~s~it~a~dthhat the Board mean~ forever, Mr.B~re stated that hhere is a law in the state against perpetuities and he felt that perpetuity would mean subject to the review of this Board or whatever Board sits here ih the future in place of this Board. Mr. 0rtowski stated that the Board was asking for the covenant and not mandating it. Mr. Bruer stated that he fe~t that it was not right to dictate what is going to hDppen to-the property today and 100 ~ears from now, he felt that the Town official 100 years~now s~ould haveabight to say what that means. Mr. Orlowski questioned how the covenant would be worded. ~i~r. BBuer stated that it would be in perpetufty subject to the right of the then Planning Board or its then substitute or equivelant to change that-. Mr. Mullen stated that this might be that w~y anyway. Mr. Bruer stated that while that may be the case he would like that it be spelled ~ut now so that it is not a problem in the future. Mr. Orlowski stated that this was not a problem. The applicant stated that he would like to have the option to farm that land. Mr. 8rlowski stated that this was acceptable. Mr. Bruer questioned if h~s applicant would be doing further subdivision and he replied that he would not. Mr. Bruer questioned the road and what w~u~ happen if the'road is put in and then the lot has a shortage of~-f~ntage an~ he hope~ t~at the ~6ard w~ld ~ok fav~rablyyon any variance that would De required.---Mr-. Orlowski statedt~at it would look like it wou~d wor~ out so that this would not be a pboblem. Papadop~u~os and Maragos cont. Page 2 Mr. Orlowski stated that the easement~.~o~d only be a right-ofSway over the property and it would not affect any lot width. Mr. Bruer questioned if the Board would want it as arright-of-way or an easement. Mr. Taster, Town Attorney, who was also present, stated that an easement and a right-ofww~y are the same th~ng. M~. Bruer questioned if he could ~t the easement in the LILCO easment and Mar Task~r Stated thathhe%~would have to check the LILCO easement agreement. On a motion made by ~r. Edwards, and seconded by Mr. Ward, tt was RESOLVED ~h~t th~ Southold Town Planing Board approve the sketch map of the major subdivision of Argirios Papadopo~los and George Maragos located at Ke~ney's Road, South~d for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to: 1. Covenants and restrictions, stating that be no further subdivisin of Lot No. 3, filed of the County Clerk. there will in the office ~. Re__vision of the survey to indicate a 50' easement for future d~dication ~ot~e Town parallel to the LILCO easement. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards, Wards To: From: Re: (( ( Raymond L. Jacobs, Superintendent Southold T~wn Highway Department John W. Davis Preliminary Major e .... - . . by Van Tuyl dated December Date: December 22, 1986 for Papadopoulos and Maragos Map 10, 1986 The following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as "Reserved for possible future dedication to Town." Twenty five (25'} feet of this width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50 ft. R.O:W. fo~ any future road construction 50 ft R O : ..... · Apparently the · · .W. ~ ~o~ saown correctly for a major subdivision. Also, all the lots have frontage on Kenny's Road and an entrance road is not necessary for this subdivision only. of the lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which will be increased when houses are built and the lots graded. Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced top slab and inlet type casting on Kenny's' Road. Approximate locations - one each at N.W. and S.W. corners of property, one at common property line lots 4 and 5, one at L£1co R.O_W. and one at common property line at lots ! and 2. cc: Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. NOTICE COUNTY OF SUFFOLK (DT~ [~1 / ~, ]~, h.~, ~F~ReN Property lax Service Age~y J ~j "~"~*~ [ SOUTHOLD SECTION NO PROPERTY UAP DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 20th day of July, 1988, by ARGIRIOS ~-~"~]% PAPADOPOULOS, residing at 154-11 28th Avenue, Flushing, N.Y. 11354, ~.~....{%~and GEORGE MARAGOS, residing at 307 Melbourne Road, Great Neck, N.Y. ~ 11021, hereinafter referred to as "Declarants". .... ~ W I TN E S SETH : WHEREAS, Declarants are the.owners in fee simple of a certain parcel of land situate at Southold, Town. of Southold, CoUnty of Suffolk and State of New York, containing 14.374 acres, and designated on the Suffolk County Tax Map as'District 1000, Section 059, Block 03 and Lot 17; being the same premises conveyed to Declarants by deed dated February 9, 1985, recorded in the Suffolk County Clerk's Office on February 28, 1985, in Liber 9743 page 537, and referred to herein IST as the "premises". O00 WHEREAS, the Declarant intends to subdivide said premises for EC resident~a! purposes and desires to subject said premises to certain 59.00 reservations, restrictions, conditions, covenants and agreements. LK NOW THEREFORE, the Declarant does hereby declare that the 3.00 aforesaid premises and every portion thereof is hereby held and shall ]T be conveyed subject to the conditions, covenants and restrictions 17.000 hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject ~o the covenants, conditions, and reStrictions hereinafter set forth. 1. Lot No. 3 as shown and designated on the subdivision map entitled "Subdivision Map made for Argirios Papadopoulos and George Maragos at Southold, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office, shall not be further subdivided. This covenant will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and said map is accepted by and filed with the Suffolk County Clerk. 10654 C464 2. That al~ of the covenants, conditions and restrictions contained herein shall be construed'as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity, except with the permission of the Southold Town. Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be e~forceable by the Declarants, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold,'and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. ano STATE OF NEW YORK County of Suffolk SSA I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (sa d Court being a Court of Record) DO HEREBY CERTIFY that I~have compared the annexed copy of t,:~.~-~,~'s~ ~'-'/-~.~ l',/~f;Y'f, .. . ~ ~, c . ./z ',~ s o.-,~,- /,,_.. and that ~t ~s a JUSt and true copy of such original of the whole thereof. //[¢ <~ ¢-, ~/ and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this c)- ~' day~f %~f- ~.~? 19 ~ Form No. 104 )c~ Clerk. ~blic ~ ~.-~PATRICIA A. ROUG~AN ~ Pu~c, ~ G{ !&Gw ym4~ ' No. ,~,"9~Z John Hodgkim and Kflsta HodgkJn, husband ami wife, both residing at 717 lrlFst StFeet SW, Roanok~ Vh~ana 24O16 pray of the tim ~ and C~orl. L. P~any IV and ~ylvla V. Penny, as hmbamd & wlf~v both residing al ~ Som~dview Avenue, Soaebold, New York 11971 Geox~ L. Penny V and Lisa M. Penny, as husband and wife, both reaming at 180 Ken,da Blvd., Greempor~, New York 11944 tIEF/'NF.5~/'H, that the pafly of the fiv~ part, in conside~tion of Ten Dollars (Sl 0.00) htwful mo~y of the United States, p~id by the pmly of the se~qd pa~ does her~y grant and release unto lhe party of the s~md i~ the heirs or ~,_,~e_~_*~s and azsiSm of the p~fly of the se~ond I~n fo~vcr, ALL thnt o~ain plot, piece or parcel of land, with the buildings and improvement~ thereon erecmi, situate, lying and b~in~ h ~hc Town of Southold, County of Suffolk and Stat* of New Yodt, bein~ known and designated as Lot No. 3 ~ ~own on a certain man ~ntldod, "Subdivision Map of Arglrios Pap~lopoulos and George Maragoz", and fil~t in the Office of the Cl~rk of the Coumy of Suffolk on Sepqember 13, 1988 as Map No. 8612. BEING AND INTENDED TO BE the 9am~ prembu conveyed to the pnrW of the first part by dom dated Jnaary 23, 2~03 amd re~orded mi February 18, 2006 bt Libor 12235, page 689. with all right, title and intere~ if any, of tim party of the first p~rt in and to any str~l~ and roads abultlng the above de. scrlbed iw~nises to the center lines fl~.mof, TOGETHER with th~ appurtenances and all Ihe estate and rights of Ibc pm~y of the first part in and to said pmmis~, TO HA I~ AND TO HOLD the premises herein granted unt° the Party °f the secee'd Pail' the hei~ °r and a~isp, s of the pmty oflhe second im~ forever. A/VD d~ party of the first pm, covemmts fiat the patty of the first p~t has not done or suffered anything whev0by the said premises have been encumbered in any why ~r, except n~ aforesaid. AND ~ party of the first part, in compliance with Section 13 of tho Lion Law, covenants that tho party of tim fir~t pm~ will r~ivo the consideration for ~is convoyane~ and will hold the fight to receive such consideration as a ~a'ust fund to be applied fi~t for tho purpose of paying tho cost of the improvemunt and will apply tho sa~e first to tho payreem of the cost of the improvement before using any pa~ of the to~al of the saree far any other purpose. Tho ~rd "patty" shall be ¢onsn*ucd as if it read "parties" whenever the sense of this indenture so requlms. IN WITNESS WHEI~OF. the party of the first part bas duly executed this deed thc day and year above written. KRISTA HODGKIN Acknowledgment by a Per,on Within New York State (RPL § 309.a) STATE OF NEW YORK ) COUNTY OF SUI~OLK ) ss.: Onthe S'~ dayofJL~LYintheyear2007beforaree, theuedarsigned, penonally appeared GEORGE L PENNY IV ami SYLVIA V. PENNY personally known to me or proved to me on the basis ofsatisthctory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to rea that I~e/she/they executed the same in his capacity, and that by his signature on the instrument, the individual(s), or the person upon behalf of which thc individual(s) a~ted, executed the instrument. (*is~at~r~ aed offico of iedi~idunl tal~g admowledgrecnt) Acknowledl~n~nt by a Presort Within Nexv York State (P,.P L § 309-a) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Onthe 5~' dayof.IIJLYintheyear).OO?beforeme, theundersi~ned, personnllyappeared~Oli~ HOBGICH~T and IO~ISTA iIODGKIN personally known to me or proved to me on t~ basis of sstist'neto~' evidence to be thc indivMual who~c name is sub3c~bad m the w~thin instrument sod acknowledged to me ~hat he/sba/the,/execuled ~he same in his capacity, and that by his si~na,+ur~ on thc ins~-ument, tho individual(s), or ~he porson ut~m b~balfofwhich ~be individual(s) ae~d, ~ the instrument. (~i~n~r~ and off'me of indlvidu~dtin8 ~:kno~l~l~) This document will be public record. Please ~emove ali Social SecurRy Numbers prio~ to recording. ~A-52 ! 7 (Sta~e) 15. O0 Other Age',cy Ven~,cedon ?J I~d / Mo~jage Tax S~amp FEES Sub To~I Sub Total 1000 05900 0300 LISA M. PENNY C./O GEORGE L. PENNY INC. PO BOX $O~LD~ NEW YORK 1197! R~COr~'8~ 2007 ,.Tu.~ ~7 02:43;26 P~ Recmding / Filing S~mgs Mortgage Aml. I, B~sk;Tax 2. Additional Tax Sub Total Sl~cJAsslt. Spec./Add. TOT, MI'G. TAX Dual Town DupI County Held ~o~ Appotmrn~ Transfer Tax The proper~y covered by this nm~gage is or will be imlxoved by a one m' two family dwelling only. YES ~ or NO $. $ TD Mall to: Judllh ~. Paw. ale, Su~ C~onty Oe~k Title Company lnfo~mation 310 C~n~r Dfl~, Riven~ NY t1~)1 Co. Name www.s tE&31kco~ntyny, gov/ded( llfle # Suffolk County Recording & Endorsement Page 1111s page forms pan of the attached ~in m~d Sale Deed by:. (SPEGFY ~YP~ OF INST~tJmEm) ~,,e~r ? I.. Pell n_v IV= Rylv~ V. Penny, The ~l~s ~eln is ~ated in Jo~ ~kin ~ Kfim ~kln ~ ~, N~YO~ TO In the TOWN of ~,~mtknld In ~e VILLAGE Of HAMLET of ~msfhnld IIIililliglBHIIalBiqlllgllll IIIBIIIIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE TTpe of lnltru~ent: DBEDS/DDD ReoeiptNu~h~r : 07-0065980 ~FBR T~R= 06-39900 LIBBR= D00012513 PAGB~ 966 Dls~=Ic~: Boc~lon: BZ~k: 1000 059.00 03.00 017.003 ~t~ $0.00 Re~orded: 07/17/2007 At: 02143;26 PM P&go/Ftl/ng $12.00 NO H~ndling $5.00 NO COB $5.00 NO N~'S SRCH~ $15.00 N0 ~-~ $5.00 ~ ~-STA~E $165.00 NO ~-584 $5.00 HO Cor~.Copies $5.00 ~ ~ $30.00 ~ S~ $0.00 ~ TF~ ~ $0.00 NO ~.~es $0.00 ~ Fill Pl~d $247.00 TAX ~: 05-39900 TH/H PAOB IS A PART 0FTHE INSTRUM~FF TH~S ~S NOT A BILL County Clerk, Suf£olk County PLEASE TYPE OR PRESS FIRMLY WHEN WRmNG ON FO~M INSTRUCTIONS; hep://www.orp~.~tate.ny,um or PHONE (518) 473.7222 I ,, RP - 5217 · . (,,.c)t.'l I I ~ ~NFO.MA~. I .,ink ~md m~ I ! ~V:~ I i i i I m ATTORI~Y i I . NEW YORK STATE COPY BARGAIN AND SALE DE;ED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) FORM 8007 indenlu~ ~o ~ql.~.~. ~.. STATE OF NF./~.YORK : COUNTY OF ~U.~.~.,~Kj::ss' ~ ~ ~y ofJnnun~. 2~, ~fo~ me, thc u~i~d, u No~ Public in ~d r~ ~id S~e, ~nlly ~d A~r~ Pn~u~, ~lly ~ to me or pmv~ m mo on ~e ~is of STATE OF NEW YORK : COUNTY OF ~U~.~-" K : Onthe oq=O e~-~lny of Jallunry. 2~8.3, before me, thc undcrailtned, a Notary Public in and ibr snid Smt~ personally appeared George Mera~o~ peraonuily known 1o me or proved to mc on thc t~is of satisfactory upon behalf of which ~e individual acted, executed the instrument. AMENDED DECLARATIQN OF (~QVENANT$ AND RESTRI(~ITION$ DECLARATION made this 23rd day of Januar/. 2003. by Argirio~ Papadopoulos. residing at 154-11 28'h Av~uc. Flushing. Ncw York 11.154 and G~orge Maragos, residing at 307 Mclbome Awmuc, Great Neck. New York 11021. hcrcianllcr refen'ed to as 'Declm, onts'. No building other than a one I~nily dwelling with garage(s) shall be en.~:ted on any one lot. '~h dwelling mu.,a, have a tx~x'~ car altached garage, and that any gnragc must conform in exterior architectural design with the dwelling. P~mises for Lot ~4 shall be a two story house having a total minimum living area of 2.464 square feet, A one ~ory dwelling ernctcd shall hcvc n first floor area of not less than 1500 square feet and a two story dwelling shall have a fir~l tlonr area of nm less than 1200 square Feel nm including pomhas or garages. 3. Every garage must have a driveway. Thc driveway musl have a stone, conon.'te, or usphah retrace. Thc premises ,,hall not be usud for thc manufacture or ~le of merchandise or good.~ of any kind. lbr any trade or business v,'hatsocver, or Ibr the display ofuay advertising or commercial signs. 5. No Ibwl. poultry, animals ~ livestock shall be kept on the premises other than two domestic ix. ts which shall he confined exclusively to the owner's property. No mobile type hon.,c~, modular homes, unlicon.~-'d motor vehicles and trailers shall he allowed on any ]ge regnrdle~,~ of their si~' with thc exception of boat trailers which must be kept in the rear of the premi.~:s. 7. Clntheslincs shall be restricted to the rear yard. 8. Flat rm~l*construclion shall not be used on gay building,,k and nil building:~ mus~ bc completed within one year from commencement of cunsUuction. The covenants and n.-strictions herein impn.~'d may bc modified, amendS, or revoked at any time by the declarant, his su,,.'c c-,~ors or assigus. However. the termination stated in Clause 10 cannot be mudit'~cd, amended, or rewaked al any time. I(L Th~..'~e covenanl~ and ~e..~'iction.,~ sh~ll ~ with ~e lan~ h~y conveyed ~d ~ull bind a~ in~, to ~c ~cfi~ al'the ~id p~ics h~, t~ir heir. ~ministmt~ ~d a~si~ unlil Jan~ I. 2()11 and ~id co~,ennnts ~ r~l~ctions ~y ~ cntb~ by action f~r ~g~ or injun~ions ~ ~th ~til th~ Ii~ day ol'Janun~.. ~1 I. I I. Lot No.I (Subdivision I~n no.) shall be allowed to havo two h~n'~:s t~' personal u.~ only, alTcr thc crc~'tion ora one family dwelling. A s~.~'~mdary structure relating to the hot'scs may he ere:led only in tho notthca~ ct~ner. 12. Lot Nt~.31Subdivision lot no.) shall b~ allowed Io have (wa barites on the premiss prior to the existence ~fa :~ne family dwelling and there a R~.'r tl~ mmbet of hor'~:s shall hc rcslricK'd only by thc Southold Town Code. A barn may bc on.~.~.'d prior to Ihe ereclion ol'a one family d~:lllng and garage provided a house and gura~,~: i.~ conVrucled within I. hn.~ (3) year~ from the dale ,~l'is.~uan~:e cd'a building permit for thc barn. $ I P.~I I'tulm.~y T~x .qe~,ice ,,~mq. V~rificmio. ~ 0~5974 1000 OSgO0 0300 017003 ~ Sal~f~t~Rel~i LiSl Pn~y Ow~ Mliliii A~ 'ID Tille Company Information . ~uffo~ Count~ ~ordin~ ~ ~dorsoment lie Ill Ill ~ Il Ill] Hill JUl IBI lUl IHI lllKIll]ll[il COUNTY CL~K RF,~OItDS OFFTCE iISCORDING PA(~ T~pe et ~n~t~nents DB~S/~D~ Recorded: 02/10/2003 TRAHSI~R T~t ~Z~: 02-27405 L~: ~0001223S P~: 689 ~wtr~ct~ Sect/~ Block~ ~000 059.00 03.00 0~7.003 ~~~ ~LL~ ~ed~t: S320,000.00 Received ~he Following Fees For Above keept Exempt Page/f~l~g S15.00 NO ]~ndl/~g 95.00 COB $5.00 HO FrS S~RCKG 915.00 NO BA-CTY $5.00 HO IA-STATS 925.00 1~O TP-S84 95.00 X0 Cart .Copiee 90.00 NO ~UT 930.00 MO SCTK 90.00 Tr~n~£er tax $1,280.00 HO Coam. Pres $4,000.00 NO Fees Paid 96,285.00 TAX ~R: 02-27405 A pAIT OF TH~ ~STRUHB~T FAvard P.Roma:b%e County Clerk, 8uEfolk County PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM ~~.~,~ RP - 5217 ~ L I NEW YORK STATE COPY PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 April 13, 2010 Mr. George L. Penny, IV 9305 Soundview Avenue Southold, NY 11971 Re: Conditional Final Approval to Amend the Subdivision Map of Argirios Papadopoulas and George Maragos Located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, Southold SCTM#1000-59-3-17.3 Zoning District: A-C Dear Mr. Penny: The Southold Town Planning Board, at a meeting held on Monday, April 12, 2010, adopted the following resolution: WHEREAS, this proposal is to amend the filed approved major subdivision map for Papadopoulos & Maragos, a major subdivision which created 5 lots on 14.344 acres in 1988; and WHEREAS, Mr. Penny owns Lot #3, SCTM#1000-59-17.3, which totals 6.967 acres and which has upon it a 50' easement consisting of 25' of a 60' LIPA easement along with the remaining 25' of the original subdivision easement; and WHEREAS, the remaining 25' of the 50' subdivision easement not encumbered by the existing LIPA easement has a notation upon it stating "Reserved For Possible Future Dedication To The Town"; and WHEREAS, on October 5, 2009, the petitioner requested that the Southold Town Planning Board consider removing this notation upon the filed and approved subdivision map; and WHEREAS, the creation of this 50' easement with the above-referenced notation was created as a condition of subdivision approval in the event adjacent properties were to be further subdivided and the use of a connecting road would have been required; and WHEREAS, the adjacent property (SCTM#1000-59-3-26.1) has not been subdivided to date; and Penney Page Two Aprill$,2010 WHEREAS, should the above-referenced adjacent property be subdivided, there is access from C.R. 48; and WHEREAS, should the above-referenced adjacent property be subdivided, the existing 25' of the 50' subdivision easement would not meet current Southold Town Highway Specifications (§161-15) for right-of-way width to accommodate a subdivision of more than 5 lots; and WHEREAS, the Southold Town Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation upon the filed and approved map; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval to the petitioner's request to remove the above-referenced notation from the filed and approved subdivision map, subject to the following conditions: 1) Submit to the Southold Town Planning Board a copy of the new filed and recorded subdivision map with liber and page number from the Suffolk County Clerk's Office reflecting the removal of the above-referenced notation. Once the applicant has submitted the revised filed subdivision map, the Chairman is authorized to sign the amended subdivision map for Final Approval. The applicant shall have 180 days from the adoption of a resolution of conditional approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved final plat shall not be filed until all conditions have been met. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H, Sidor Chairman Southold Tow~-~nin~ Board Work Session - Page T'~ - 4/5/lu L. oc~{i0n-i .................. -~""i~'~:~-~rt~'i~"i~-~"~l~d on the south side of CR 48, approximately 900 feet west of Ba berry Lane in Southold D~sc~ipii0ni This proposal is to subdivide a 34,896 sq. fl. parcel into ~o lots where Lot 1 equals 17,438 sq. ff. and Lot 2 equals 17,438 sq. ff. in the R-40 ~.~; ............................ ~.n~_~n~_. ~t.~b.~R.~RYAL Act on Grant Conditional Prelimina~ Approval. Southview Preserve Project name: ........................ SCTM#. i 1000-87-5-21.4, 7, 8, 9 i&10 Location: The property is located on the south side of Main Bayview Road, ~p_p_r.9.X..!r~.a.~ 9_00.'.~.~fg_~d.~r...[~r_ixe_..!n...S._o.u_t.h~!_d_: ............................... Description: This proposal is to subdivide a 14.54-acre parcel into three lots where i Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals i 42,470 s f, with the remaining 11.53 acres of the property to be §_t_at~s_.' ............................ Action: i Grant Cond t ona Fna Approval. Attachments Draft Reso ut on Project name Geor~!e Penn)/IV SCTM#: 1000-59-3-17.3 Location: The property is located on the nlelslo Kenny's Road, 705.05' n/w/o CR 48 .Sg~..h_o_l.d.: ........................................................................................................... Description: This proposal is to amend the approved map for the Major Subdivision ~ of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which ~ was "reserved for possible dedication to the Town" and which has never been dedicated. 6~ti_°_ql ........... ~ Grant A~j~roval to amend the a,~roved and filed subdivision ma~. i Attachments: ' PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 9, 2010 Mr. George Penny, IV 93-5 Soundview Avenue Southold, NY 11971 Re: Close Hearing: Amendment to the Approved Map regarding the Major Subdivision of Papadopoulos & Maragos Located on n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold SCTM#1000-59-3-17.3 Zoning District: A-C Dear Mr. Penny: A public hearing was held by the Southold Town Planning Board on Monday, March 8, 2010 regarding the above-referenced map amendment. The public hearing was closed. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has. remained in place for seven days prior to the date of the public hearing on -'~ / ,'~ ~-~ I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Sign~j~r~ ~ % Address Notary Pul~tic LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Courtly Term Expires December' 31; 20.~ PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 n(~on, Fri., 3/5110 Re: Proposed amendment to the approved map of Papadopoulos & Maragos SCTM#s: 1000-59-3-17.3 Date of Preliminary Hearing: Monday, March 8, 2010, 6:00 p.m. 09'71 Postage Certified Fee "~,i ~¢~ ~i_ 02/18/~0 Certified Fee Return Receipt Fee (Endorsement Required) (Endorsement Required) $2.80 $2.30 $ o9'11 Street, Apt. NO.; . . ' ....... , ...... or PO Box No [ .............. :....uz.:..~.~._.~_lh_s ....... t..g~ ........ ~ ........... Complete items 1,~?., and 3. Also complete item 4 if Rested Delivery is desired. Print y.our ~Eme and address on the reveme so tha! we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Io2 5 I ¢ nu4s A. Signature B. Received C. Date D. Is delivery 3. Service Type ['~"'~:'~rtified Mail [] Express Mail [] Register~d [~l~turn Receipt for Mm [] Insu~l Mail [] C.O.D. 4. Reatflcted Dstivery? (Extra Fee) 2. Article Number (Transfer from service label) 7009 0820 0001 7819 6006 If YES, enter daiive~/address below: ~-I I~ PS Form 3811, February 2004 1. Article Addressed to: 3. Service Type ~aed Mail [] F. xpress Mai~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex/fa Fse) [] '~ PS Form 3811, February 2004 Domestic R~ oo+t, p IIq I 7-009 0820 70001 7819 6037 ~m Receipt 102S95~ If YES, enter delivery address below: 3. Sm~i Type ~if;ed Mail [] Express Mail [] Registered [~'R'eturn Receipt for Me~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] 2. Article Number (Transfer from service label) PS Form 3811, February 2004 1. Article Addressed to: 2. Article Number (Transfer from service labe~ 009 0820 0001 7819 5955 Domestic Return Receipt 102595~ 3. ~d~e Type [~'Cmtifled Mail [] ~ Mail [] Registered ~'~Retum Receipt for Me [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] ' 7009 0820 0001 7819 5900 PS Form 3811, February 2004 Domestic Return Receipt 1ozm~ · Complete~items 1, 2, ~d-3. Also complete item 4 If Restricte~3-Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article Number ~ransfer from sen/ice label) D. Is daih~e~ address different from item 1 If YES, enter delivery address below: 3. Ice Type ~Ceritfied Mall []~3ress Mall [] Registered I~r Return Receipt for Me [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] ' 7009 082Er0001 7819 5917 PS Form 3811, February 2004 Domestic R~ ~Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach Mis card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. A~ic~e Number (Transfer from service label) turn Receipt 10259! B. Received by (Printed Name) C. Date D. Is delive~J address different from item 1 ? r~ ' If YES, enter delivery address below: [] 3, Service Type ~: ~'l~ertifled Mail [] E~.xpress Mate ~ [] Registered [~'Return Receipt for M~ I-I Insured Mail [] C.O.D. 4. Restricted Delivery? ~xfra Fee) r-I~ 7009 0820 0001 7819 6020 PS Form 3811, February 2004 DomesticlReturn Receipt 102SI · Complete .~ems 1,2, and 3, Also complete [ A~/~l~lature item 4 f Restricted Delivery Is desired. ~ ~J~.~ ~ ~ · Print your name and address on the reverse '~/~ -]/ \" so that we can return the card to you. ~,Re~aivedby(PrintedNa~ ~ · Attach this card to the back of t~e mailpiece, or on the front if space permits. 1. Article Addressed to: 2. A~icle Number ~ns~ ~m se~l~ I~1) elow~ 3. Service Type [~'~e~'er~iited Mail [] Express Mall [] Registered [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extr~ Fee) 7009 0820 0001 7819 5993 121 d 'C~ ; PS Form 3811, February 2004 Domestic Return Receipt 1025~i · · iff · Complete items 1,2, and 3. AJso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme se that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 381' D, Is delivery edd~ ¢ ! addres~ ~'~t-lfied Mail [] Expn~ [] Registered [~un [] Insured Mail 7009 0820 0001 7819 5948 · Complete Items 1,2, item 4 if Restrictsd Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: If YES, enter d ~ooo- Sci - 3-1-~. I 2. Adicle Number (Tmnsfer from service label) 7009 0820 0001 7819 5962 PS Form 3811, February 2004 iIDomest~c Return Receipt · Complete items 1, 2, and 3. Also coml~ete A. Signature r r item ,~, if Restricted Defivery is desired. X · Print your name and address on the reverse so that we can return the card to you. B. Received by · Attach this card to the back of the mailpiece, -- ' ' or on the front if space permits. 1. Article Addressed to: 1 D. Is d~lNay address different If YES, enter delivery address 3. Servic Type 7009 0620 0001 7619 6044 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540 !~ z~o-- o~ SOUTHOLO MPO SOUTHOLO, New York llSTllO00 3548330971-0097 02/18/2010 (800)2T5-8777 09:25:5B AM ------ Sales Receipt ---- -- Product Sale Unit Final Description Qty Price Price NEW YORK NY 10009 $0,44 Zone-1 First-Class Letter 0.50 oz. Return Rcpt (Green $2,30 Card) Certified Label ~: Issue PVI: $2.80 700908200001781@B051 $5.54 SOUTHOLD NY 11971 Zone-O First-Class Letter 0.50 oz. Return Rcpt (Green Card) Certified Label ~: Issue PVI: $0.44 $2.30 $2.80 700908200001T8196044 $5.54 SOUTHOLD NY llST1 Zone-O First-Class Letter 0.50 oz. Return Rcpt (Green Card) Certified Label ~: Issue PVI: $0.44 $2.30 $2.80 70090820000178196037 $5.54 DUMONT NJ 07628 $0.44 Zone-1 First-Class Letter 0.50 cz, Return Rcpt (6teen $2.30 Card) Certified $2.80 Label ~: 7009082000017819B020 #9661 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 25th day of February, 2010. Principal Clerk Sworn to before me this ToWnC~f Southold~ a p Board, at the Town Hall~ Main Road, Sou~old;~ N~W o~ng 6:~ p.m. Pro~sed ~¢~e approved map of ~e o~ p~padopoulos th~ ~e/s/o Kenny CR 48, ~un~ of Suffo~, CHRISTINA VOLINS NOTARY pUBLIC-STATE OF NEW YORK No. 01.VO6105050 Qualified in Suttolk County MY commission Explles Feb[uo~Y 28, 2012 at Southold 6:10 p.m. Propq. s..~.~La~,arA~r ~on ~forTaqtele'~ of ~Uthold, Couflty '~ S~ffo~'$~ ~ ~ ~ork. Suffolk ~unty Tax Mfi~ ~15 p.~)~:~lan for ~S 6:~ p,m. Pro~ Site p~ for ~e' , ~'Road, on the ~w ~mer of ~fiM~ #9661 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the Principal Clerk Sworn to before me this ~ i /~EGAL bc held by the South0id Td~ PlaShing Board. at the Town Ha , Ma~ Road; Sputh01d H~w YqrE ~'8~z M~h ~ib' ~n ~h~ ~QsJti~ 6f i~'~6I-~ 6:~ p.m. ~oposeU ~effd~eat t8 approv~ map o~ the Maj6r ~ CR 48, in Southold, County of Suffolk,: day of 2010. L~ NOTARY pUBLIC-STATE OF NEW yORK No, 01.VO6105050 Qualified in Suffolk County My Commission Expires February 28, 2012 division for aNiekaft; tb~ s/s/o CR '48i Nu~l~e(i!000~52-2d3 &iS I~.~ ~ed~;Plan for Ra phael Vind~rd~)lo~t:~{ 39390 Mai~ ,~at~¢' 5~5=~0 ~aian N~k,~ne, Ve~ :80~e; ~;; ~f '~Uth01d; County v~ e~¢ sa~ Staa6n '!~t~ Read,and Depot ~ne, in Cutcho~e~ ~'~an PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of March, 2010 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the n/e/slo Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the e/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/slo CR 48, approximately 900' W/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-86-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w corner of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County T. ax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 25, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPYSENT TO: The Suffolk Times Page I of 1 Kalin, Carol From: Candice Schott [legals@timesreview.com] Sent: Wednesday, February 17, 2010 9:45 AM To: Kalin, Carol Subject: RE: legal ad for 2125/10 edition of the Suffolk Times Hi Carol, I have received the legal notice and we are good to go for the 2/25 issue. Thanks and have a groat Wednesday!! Candice From: Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us] Sent: Wednesday, February I7, 2010 9:15 AH To: Legals Subject: legal ad for 2/25/10 edition of the Suffolk Times Please print the attached legal ad regarding the 3/8 Planning Bd. Public Hearings (Papadopoulos & Maragos, Mazzaferro, Valero, Raphael Vineyards & Nickart Realty) in the February 25th edition of the Suffolk Times. An e-mail confirmation of receipt would be appreciated. Thank you. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalin~town.southold.ny.us 2/17/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of March, 20t0 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the nle/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the e/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w corner of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 17th day of February, 2010 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road~ Southold, New York 3/8/10 Re.q ular Meeting: 6:00 p.m. 6:05 p.m. 6:10 p.m. 6:15 p.m. 6:20 p.m. Public Hearing for the proposed amendment to the approved map for the Major Subdivision of Papadopoulos & Maragos for George Penny IV, SCTM#1000-59-3-17.3 Public Hearing for the proposed Standard Subdivision of Karen Mazzaferro, SCTM#1000-63-1-12 Public Hearing for the proposed Standard Subdivision for Nickart Realty, SCTM#1000-52-2-13 Public Hearing for the proposed Site Plan for Raphael Vineyards, SCTM#1000-85-3-11.3 & 11.4 Public Hearing for the proposed Site Plan for the Valero Service Station, SCTM#1000-102-5-26 (~ar°l Kalin Secretary, Southold Town Planning Board Sworn to before me this Iq'/~day of /~jeoAP--'~/ , 2010. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 February 9, 2010 Mr. George Penny, IV 93-5 Soundview Avenue Southold, NY 11971 Re: Set Hearing: Amendment to the Approved Map regarding the Major Subdivision of Papadopoulos & Maragos Located on n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold SCTM#1000-59-3-17.3 Zoning District: A-C Dear Mr. Penny: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 8, 2010: RESOLVED, that the Southold Town Planning Board set Monday, March 8, 2010 at 6:00 p.m. for a public hearing regarding the maps prepared by Roderick VanTuyl, PC, Licensed Land Surveyor, dated June 17, 1987. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 n. oon on Friday, March 5m. The sign and the Post need to be returned to the Planmoo Board Office after the public hearinq. Please contact this office if you have any questions regarding the above. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an amendment to the approved map of Papadopoulos & Maragos; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-59-3-17.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to amend the approved map for the Major Subdivision of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. The property is located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: CaroI.Kalin@town.southold.ny.us; That a public hearing will be held on the matter by the Planning Board on Monda¥~ March 8, 2010 at 6:00 p.m. in the Meetinf] Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: George Penny, IV Date: 2/17/10 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 3/5110 Re: Proposed amendment to the approved map of Papadopoulos & Maragos SCTM#s: 1000-59-3-17.3 Date of Preliminary Hearing: Monday, March 8, 2010, 6:00 p.m. Town of SouthoM PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (0 The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. GEORGE PENNY, IV AMENDMENT TO THE APPROVED MAP 4:)F PAPADOPOULOS & MARAGOS 1000-59-3-17.3 Proposal to amend the approved map for the Major Subdivision of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. eMONDAY- MARCH 8, 2010 - 6:00 P.M. Southold Town I~ninR Board - Work Session - Three Locat on n/e/s/o Kenny's Road 705.05' n/w/o CR 48 Southold Description: Major Subdivision of 5 lots on 14.344 acres - Final Approval: 11/18/88. This proposal is to amend the approved map for the Major Subdivision of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. .St~tB~ , Action: Set public hearing Feb. 8 2010 for Mar. 8 2010. 'Attachments: ~ Draft Resolution PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 20, 2010 Mr. & Mrs. George L. Penny IV Mr. & Mrs. George L. Penny V 93-5 Soundview Avenue Southold, NY 11971 Re: Request to extinguish 25' of a 50' Right-of-Way SCTM# 1000-59-3-17.3 Located at Kenney's Road, Southold NY 11971. Dear Mr. and Mrs. Penny IV and V, The Southold Town Planning Board has reviewed your request to extinguish 25' of a 50' Right-of-Way adjacent to SCTM# 1000-59-3-17.3 located at Kenney's Road in Southold. The Southold Town Planning Board will hold a public hearing on this matter. This public hearing will be set at the February 8, 2010 Public Meeting of the Planning Board for March 8, 2010. The Southold Town Planning Board will contact you after the Planning Board has set the hearing date for the above referenced matter on February 8, 2010. If you have any questions, please do not hesitate to contact this office. Tamara Sadoo ~ Planner . Southold Town Planning Board Work Session - PaRe Two - 1119110 Project name: i Briarcliff Sod., Inc. i & 12.2 i on the s/s/o NYS Route 25 and the n/s/o Lesh~ s Road, approx~matel~ Location: , 1 500 feet e/o Bay Avenue, n Peconic into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres from which the Development Rights to 21.22 acres have been purchased by The County of Suffolk for the p~rpgse 0f .farm. And_p.~s?~..gn: ...................................... §t~{~ ............... Cond t ona Fna Approva · ~9~!9n: ~vie~..F. in. al Access. Easemen. t fg[..d~ai~g~: ................................... Attachments Easement .... Location: i slelslo NYS Rt. 25.9!!i.n(~(0 We s D~'~i ~ni i ~ nor subd v s on of 4 lots on 34.738 acres Action: ] Rev ew proposed ot ne changes for r ght-of-way. · A~achment~ :. Le~? fr°m.APplicant, map..(hand;.o~t) Project n~'i M~: Subdivision and Lot Line Chan~e Description: i This proposal is to create a 2 lot conservation subdivision from a total i 29.843 acres, where Lot 1 would total .722 acres (31,450 sq. ft.) and Lot ] 2 would total 28.743 acres and will be preserved as open space, in the i Status: i.0pen .............................................................................................. Act on ' Accept application for review ..... i Attachments: ! Staff Report/Timelin~ ................................ Discussion: Request of George Penny to extinguish 25' of 50' right-of-way. Discuss setting public hearing, granting resolution and amending map. 2 Mr. & Mrs. George L. Penny IV Mr. & Mrs. George L. Penny V 9305 Soundview Avenue Southold, New York 11971 October 2, 2009 Attn: Martin Sidor Planning Board Town of Southold 54375 Main Road Po Box 1179 Southold, New York 11971 Re: SCTM# 1000-59-3-17.003 Kenney's Road, Southold Dear Mr. Sidor: We are the owners of property located at 705 Kenney's i; New York, more commonly known as SCTM# 1000-059.00-03.00-017.003. A copy of the most recent survey has been attached for your convenience (Exhibit 1). Our lot was created as part of a subdivision of Argirios Papadopoulas and George Maragos in 1988 and approved by the Planning Board on November 17, 1988. As a condition of the sketch plan approval, the Planning Board required the "reservation" of a 50 ft. strip of land for possible future dedication to the Town. Please see the attached survey. Additionally, 25 feet of this area is included on a LIPA easement, which has been utilized from time to time by LIPA for the maintenance of its power lines and existing metal towers. Upon review of the materials from the Planning Board file, (copies of pertinent portions of the file are attached as Exhibit 2), it is evident that the Board's interest in reserving this strip of land was in the event the adjacent properties were to be further subdivided and the use for a connecting road would have been required. However, the adjacent properties have never been subdivided and do not require a connection to Kenney's Road as they have frontage on CR 48 (See attached tax map, Exhibit 3). Finally, covenants and restrictions were filed in connection with this subdivision, which do not refer to this 50' reservation indicating that this condition was not intended to run with the land in perpetuity (see attached copy of C&R's, Exhibit 4). October 2, 2009 Page 2 We respectfully request that the Planning Board consider the adoption of a resolution relinquishing any rights the Planning Board created and abandon this reservation. We welcome the opportunity to discuss this matter with you further and like to be placed on the agenda for your next available meeting. Thank you. Sincerely, Sylvia V. Penny October 20, 1986 Planning Board Meeting RE: Papadopolous and Maragos 8:15 p.m. Mr. Rudy Bruer,~sq. was present for an appointment to discuss the major subdivision of Papadopolous and Maragos located at Kenney's Road, Southold for 5 lots on 14.344 acres. Mr. Papadopolous and Mr. Maragos were also present. Mr. Orlowski indicated that the Board had some questions which ~R.why they requeR~ed Mr. Bruer to be present. Mr. Orlowski questioned if there wogld be a covenant en Lot No. 3 stating no further ~ubdivision. Mr. Bruer~S~a~ed that he believed there would be one. Mr. Orlowski also.questioned if the applicants would be willing to ~e~ve a 50' paper road on the map in case of an~__further subdivision which might have use for s connecting road. Mr. Bruererequested suqqestions from the Beard as to . ~here it would De located. Mr. Orlowski stated that it could run along the power line or along lot no. 4. Mr. Bruer stated that this would not beba problem,aasi~ong as it was not in violation of the easement. Mr. Bruer and Mr. Orlowski agreed that they could not violate the LILCO easement. Mr. Bru~r s~a~edt~a~ ~nere would.not ~e a problem and ~ey would offer ~t for dedication, at the Town's option whenever they want 1~. ~r. Or£owski stated that if the mad is a~justed to indicate a 50' right-ofSway ~oin~ to the back of the propertyfor future dedication and provide the requested covenants and restrictions, ~ wou~d be a~ceptable. Mr. Bruer questioned if theyBoard wanted the road underneath LILCO.po~l~ne~. Mr. Ward stated that it sho~ be parallel.~inMr~kB~u~dquestioned the covenants on no further subdivision and using of the word perpetuity. Mr. Bruer questioned what the Board means by the word in perpetuity. MndO~o~s~it~&~dthhat the Board mean~ forever, Mr.B~ere stated that ~he~e is a law in the state against perpetuities and he felt that perpetuity would mean subject to the review of this Board or whatever Board sits here i'n the future in place of this Board. Mr. Ortowski stated that the Board was asking for the covenant and not mandating it. Mr. Bruer stated that he felt that it was not right to dictate what is going to h~ppen to-the property today and 100 ~ears from now, he felt that the Town official 100 years now s~ould havet~ight to say what that means. Mr. Orlowski questioned how the covenant would be worded. ~r. BBuer stated that it would be in perpetuity subject to the r~ght of the then Planning Board or its then substitute or equivelant to change that.. Mr. Mullen stated that this might be that w~y anyway. Mr. Bruer stated that while that may be the case he would like that it be spelled ~ut now so that it is not a problem in the future. Mr. Orlowski stated that this was not a problem. The applicant stated that he would like to have the option to farm that land. Mr. ~rlowski stated that this w~s acceptable. Mr. Bruer questioned if h~s applicant would be doing further subdivision and he replied that he would not. Mr. Bruer questioned the road and what w~u~ happen if the road ~s put in and then the lot has a shortage of '~r~ntage and he nope~ t~at the Boar~ wo~ld ~blyvon any variance that WOULd De required. ~. Orlowski state~t~at it would 1oo~ like it wou~d work out so that this would not be a pboblem. Papadop~u~os and Maragos cont. Page 2 Mr. Orlowski stated that the easement~.mo~d only be a right-ofSway over the property and it would not affect any lot width. Mr. Bruer questioned if the Board would want it as arright-of-way or an easement. Mr. Tasker, Town Attorney, who was also present, stated that an easement and a rlght-ofww~y are the same th~ng. MD. Bruer questioned if he could ~t the easement in the LILCO easment and M~r Task~r Stated thathhe~ould have to check the LILCO easement agreement. On a motion made by Mr. Edwards, and seconded by Mr. Ward, tt was RESOLVED ~h~t th~ Southold Town Planing Board approve the sketch map of the major subdivision of Argirios Papadopo~los and George Maragos located at Ke~ney's Road, South~d for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to: 1. Covenants and restrictions, be no further subdivisin of Lot of the County Clerk. stating that there will No. 3, filed in the office 2. Revision of the survey to indicate a 50' easement ~' fu~ture d~dicat±on ~otne Town parallel to the LILCO easement. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards, Wards To: F~om: Re: Raymond L. Jacobs, Superzntendent Southold To~wn Highway Department John W. Davis Preliminary Major e ....... by Van Tuyl dated December Report Date: December 22, 1986 for Papadopoulos and Maragos Map I0, 1986 5 1987 The following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as '{Reserved for possible future dedication to Town." Twenty five (25') feet of this width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50 ft. R.OTW. for any future road construction. Apparently the 50 ft. R.O.W. is not shown correctly for a major subdivision. Also, all the lots have frontage on Kenny's Road and an entrance road is not necessary for this subdivision only. From observation and what few contours are shown the runoff from most of the lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which will be increased when houses are built and the lots graded. Recommendations: Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced Cop slab and inlet type casting on Kenny's' Road. Approximate locations - one each at N.W. and S.W. cbrners of property, one at common property line lots 4 and 5, one at Lilco R.O.W. and one at common property line at lots ! and 2. John W. Davis '-- CC: Southold Town Planning Board Highway Committee L. ~M. Tuthill, P.E. GREAT FOND ~LFETD¥S 27.) ~o?[~ ~,LE ~ ~ COUNTY OF SUFFOLK (~) .~,E..,~. , J~'~r~ Re~ Propert~ Tax ~rvice i...... ,m,, ~SOUTHOLD ~ 1000 SECTION NO PROPERTY MAP DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 20th day of July, 1988, by ARGIRIOS ~ '~,~ PAPADOPOULOS, residing at 154-11 28th Avenue, Flushing, N.Y. 11354, ~ ...~and GEORGE MARAGOS, residing at 307 Melbourne Road, Great Neck, N.Y ~ 11021, hereinafter referred to as 'Declarants". .... ,~ W I TNE S SETH : WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Southold, Town. of Southold, County of Suffolk and State of New York, containing 14.374 acres, and designated on the Suffolk County Tax Map as District 1000, Section 059, Block 03 and Lot 17; being the same premises conveyed to Declarants by deed dated February 9, 1985, recorded in the Suffolk County Clerk's Office on February 28, 1985, in Liber 9743 page 537, and referred to herein IST as the "premises". 000 WHEREAS, the Declarant intends to subdivide said premises for EC resident~a! purposes and desires to subject said premises to certain 59.00 reservations, restrictions, conditions, covenants and agreements. LK NOW THEREFORE, the Declarant does hereby declare that the 3.O0 aforesaid premises and every portion thereof is hereby held and shall OT be conveyed subject to the conditions, covenants and restrictions 17.000 hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject ko the covenants, conditions, and restrictions hereinafter set forth. 1. Lot No. 3 as shown and designated on the subdivision map entitled "Subdivision Map made for Argirios Papadopoulos and George Maragos at Southold, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office, shall not be further subdivided. This covenant will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and said map is accepted by and filed with the Suffolk County Clerk. 10654 2. That a~ of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity, except with the permission of the Southold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold,'and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. STATE OF NEW YORK CountyofSuffolk SS.: I, JULIETTE A. KINSELLA. Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court be ng a Court of Record) DO HERESY CERTIFY that I, qhave compared the annexed copy of ~,. ,(./.~. ~ ~',% t ,~'/-- ,.-~.. ..~ .. ~ ~ ~ //',~$~.-~- ,~. ~_~.~< /~,~-f'-~/,~ ~'~ ana tnat iT is a just and true copy of such 0ri-inal _ r -' - of the whole thereof. ~' ,/l¢ <, ¢-, ~' ana IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this o~-~' day f C~.-~._~.~.,~ . J 19,,°~' Form NO. 104 ~(~._ Clerk. N SLT~¥ ©P ]LO2' 3 MAP OF: SUBDIVISION MAPE FOP. AR®IP-.IOS PAPAPOPOULOS ANE) ®EOR®E hqARA®OS FILED IN THE OFFICE OF THE CLERK OF SUFFOLK C. OUNT'fl ON SEPT. 15, Iq88 AS HAP Nt)f'dBEP. 881,2 SF~SA2`P.,: S©~FHOLD TOWN: S©~IFHOLD $~PPOL~ CON~IFY, NI~W SUFFOL_tC OOUNTY TAX ~ I000 - 05qO0 -0500 - 011005 / . / SUP. VEYED: 12-04-02 PROPOSED E~UILPlN®S 02-0ct-04 AivlENDED O5-18-O5 S~LVIA ~ · HONUMENT · STAKE AREA = 30~,S8~7 S.F. OR 6.q7 AORE$ ®P. APHIC SCALE I"= IOO' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\EI-Ip server\dh°ROS\02-342b.pro Name of Owner(s) Address MAJOR SUBDIVISION SOUTHOLD TOWN PLANNING BOARD APPROVAL OF SUBDIVISION OF LAND ooo -- Planning Board File No. Name of Subdivider Address Name of Subdivision Location Number of Acres Number of Plots 4. Preliminary Layout and Data Received Filing Fee ~ Hearing ~ Approved with conditions Recommended Corrections Additional Requirements Needed Inspection Fee Approved 5. Final Subdivision Plat, forms, and data submitted 6. Report of Superintendent Of Highways Received ~ 7. Report of Suffolk County Planning Commission ~' 8. Approval from Suffolk County Department of Health Services 9. Public Hearing (affidavits received) ~/ 10. Approved ~/ Disapproved Approved with conditions 11. Bond in the amount of 12. Covenants and Restrictions Recorded 13. Map endorsed by Chairman 14. Map filed with the County Clerk Other Comments ~ L~ [J~.~'J ) ~, I. [7~_~{ ~ ?Q~.,~_'I'- 1'~[~~'-~ MAJOR SUBDIVISION 3. 4. 5. 6. 12 copies sketch,plan received profiles/-.,"A! 5 ft. contours 200 ft. road / proposed drainage __~pa~k and playground Affidavit of ownership ~/ Meet with Planning Board Required changes sent in writing New submission received Approval of sketch plan Letter sent with resoulution approving outside PRELIMINARY PLAT Application in duplicate to Town Clerk Fee ($50 plus $5 an acre or part thereof) Inspection fee (4% of approved performance bond) 12 paper prints to Town Clerk Description of property Superintendent of Highways review Meeting with developer Public Hearing (within 45 days) ~-~-~L~ Advertised Affidavits of publication received Planning BoDrd action (within 45 days) Copy of action sent to developer (within 5 days) Sent to County Planning Department Received County's ~ecommendations Sidney B Bowne, P.E., L S. (1922 1959) Chester C Kelsey, P E., L S Alexandre W Mercil, P E. Robert A Stanton, Robert W. Brown, L S. ZabdielA Blackman, PE George A. Style, P E Fagan, Jr , Ph George L ThomasR Pynchon, LSj~ SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 September 13, 1988 Mr. Bennett Orlowski, Jr; Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Papadopoulos & Maragos, (SBB NO. 87181) Town of Southold, New York S.C.T.M. 1000-059-03-17 Gentlemen: An inspection of this subdivision was conducted by this office on 9/9/88. We find that the area adjacent to the leaching pools have been paved satisfactorily. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ROBERT STANTON, P.E. RAS:rp c.c: Ray Jacobs, Ray Dean Supt. of Highways M/2 Roland Anders Frank Capobianco Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens William · Styne Richard B Weber MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER An Equal Opportunity Employer M/F/ti September 7, 1988 BOARD nF FIRE COMMISSIONERS SOUTHrlLD FIRE DISTRICT SDUTHDLD, N. Y. llg?l SOUTHOLD TOWN PLANN NC BrJ~R~ Town Planning Board Town of Southold Southold, N.Y. 11971 Re: Subdivision for Papadopoulos and Maragos Kennys Road, Southold, N.Y. Gentlemen: Please be advised that the the Southold Fire District for the above subdivison. Board of Fire Commissioners of has accepted the fire well installed If you have any questions concerning the above matter, you [nay contact me at 548-7044. Very truly yours/~'~ Frederick R. Weber Secretary, Southold Fire District FRW/j cc: Edson & Bruer August 10, 1988 SOUTHOLD TOWN (516) 765-t222 Southold Town Town Hall Main Road Southold, N.Y. Planning Board 11971 Att: Bennett Orlowski, Chairman Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, New York SCTM #1000-59-3-17 Dear Mr. Orlowski: In accordance with the authorization granted by the Planning Board's resolution of August 4, 1988, we ask that your endorsement be made on the final map of this major subdivision. We provide herewith one (1) mylar and one (1) paper print to be endorsed, in addition to the survey prints already in your possession. It is very important that these endorsed maps be in our hands as soon as possible, in order that a timely filing may be made with the Suffolk County Clerk. Thank you for your cooperation in this matter. Sincerely, RHB/df Encs. cc: Mr. Argirios Papadopoulos Mr. George Maragos SOUTHOLD TO ~",~N August 10, Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 1988 Att: Bennett Orlowski, Chairman Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, New York SCTM #1000-59-3-17 Dear Mr. Orlowski: In accordance with the authorization granted by the Planning Board's resolution of August 4, 1988, we ask that your endorsement be made on the final map of this major subdivision. We provide herewith one (1) mylar and one (1) paper print to be endorsed, in addition to the survey prints already in your possession. It is very important that these endorsed maps be in our hands as soon as possible, in order that a timely filing may be made with the Suffolk County Clerk. Thank you for your cooperation in this matter. Sincerely, ~ ~ruer RHS/df Encs. cc: Mr. Argirios Papadopoulos Mr. George Maragos July 29, 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Sirs: In accordance with your final approval of this subdivision and in compliance with condition numbered "2" thereof, we enclose herewith a certified copy of covenants and restrictions filed in the Suffolk County Clerk's office on 7/28/88 in Liber 10654 at page 463. Pursuant to our 7/11/88 agreement, I am now holding in escrow the sum of $2700.00, pending final inspection and approval of the fire well and drainage basin installations at the subject premises. We ask that the Planning Board now as complete and authorize Chairman subdivision map with its approval. certify their conditional approval Orlowski to endorse the final ~$-~ce r e 1 y, Rudolph ~. Bruer ~ ~-- '- RHB/df Enc. cc: Mr. Argirios Papadopoulos Mr. George Maragos July 15, 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Sirs: At the July 11, 1988 Planning Board meeting, we agreed upon the following: la. That I guarantee the completion of the conditions of your August 10, 1987 final approval resolution. That all that is required for completion is that Sidney B. Bowne & Son to approve the final asphalting around the newly installed drainage basins and that the Southold Fire Depart- ment approve the newly installed fire well. Ce That I set aside, in my escrow account, the sum of $2700.00 for the purposes of paying for these additional improvements. This sum being double the amount of the estimated costs. That the Covenants and Restrictions be recorded and a certified copy of same submitted to the Planning Board. (This is presently being accomplished). e. That all other conditions of the 8/10/87 approval have been completed. That Mr. Orlowski is hereby authorized to endorse the final subdivision map with the Planning Board's approval. Should the above be inaccurate, in immediately as time is critical. S' ertl // ~ ~ Enc. cc: Mr. Argirios Papadopoulos Mr. George Maragos any way, please let me know Sidney B Bowne, PE., L.S. ( 1922-1959) Chester C Kelsey, P.E, L.S. AlexandreW Mercil, PE. Robert A. Stanton, P.E Robert W. Brown, LS ZabdielA Blackman, PE, L.S. GeorgeA Style, PE Jerry D Almont. P E George L Fagan, Jr, PhD, PE Thomas R Pynchon, LS SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 Re,and Anders Frank Capobianco Roger L Cocchi RECEIVE[) BY' FrancJsJLynch -- -- ~ ~oool~~T ~ Richard B Weber July 1, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Papadopoulos & Maragos, Town of Southo]d, New York (SBB NO. 87181) S.C.T.M.: 1000-059-03-17 Gentlemen: A site inspection was conducted on 6/30/88, and we find that the leaching pools have been installed satisfactorily, and the areas at these structures are ready for asphaltic pavement. Very truly yours, SIDNEY B. BOWNE & SON CONS~NG ENGINEERS R'OBERT A. STANTON, P.E. CSH:rp Encl. xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Sidney B. Bowne, PE, LS. (1922-1959) Chester C Kelsey, P.E, LS Alexandre W. Mercil, P E Robert A Stanton, PE Robert W Brown, LS ZabdieiA Blackman, PE, LS. GeorgeA Style, PE Jerry D Almont PE GeorgeL Fagan, Jr, PhD., PE Thomas R Pynchon, L S SIDNEY B. BOWNE & SON 45 Manor Road RECEIVED BY Smithtown, N.Y. 11787 (516) 724-0611 Roland Anders Frank Capobianco Roger L Cocchi June 17, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Papadopoulos & Maragos, Town of Southold, New York (SBB NO. 87181) S.C.T.M.: 1000-059-03-17 Gentlemen: A site inspection was conducted on 6/16/88 by this office. We suggest the relocation of the two leaching pools of the north property line, northerly to the low point (approximately 100'+). At this low point, install the leaching pools, one on the east an~-one on the west, with inlet grate at a lower elevation, and connect the structures across Kemiey's Road. These two piped leaching structures would act as a "bubble system" and maintain the storm water runoff pattern as it exists naturally. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ROBERT A. STANTON, P.E. CSH:clg Encl. xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER An Equal Op~Dorlunlty Employer Southold. N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of ~ivision~, minor subdivision, site plan) Hamlet SOO~ '~ ' MATERIAL SUBMITTED: File # Sketch plan Preliminary map"-/ Street Profiles Grading Plan Preliminary site plan Final Map Other Suffolk County Tax Map No. Very truly yours, ~. BENNETT ORLOWSKI, JR.,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD May 13, 1988 Board of Fire Commissioners Southold Town Fire Department Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos and Maragos Kenneys Road, Southold, N.Y. SCTM #1000-59-3-17 Dear Sirs: Following our discussion, Tuesday night, I understand that you will provide us with written specifications and advice regarding this fire well installation. We will contact our well driller as soon as we are in receipt of same, in order to rectify this matter quickly. We appreciate your continued cooperation. Sincerely, Rudolph H. Bruer RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos Southold Town Planning Board May 4, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: "Wish List" Dear Mr. Orlowski: We respectfully request that the Planning Board include the following applications on their May 9, 1988 agenda: Minor subdivision for Rita Brown (#1000-94-3-1.3): For sketch plan approval - This application and accompanying fees were submitted to the Planning Board on 1/25/88, revised plans in accordance with Board recommendations submitted 4/22/88. Subdivision for Papadopoulos and Maragos ('~1000-59-3-17): Receipt and acceptance of Southold Fire Commissioner's report (fire well). inspection 3. Minor Subdivision for North Road Associates (#1000-18-4-1): For recommendations re road improvements 4. Subdivision known as "Arshamomaque Island" [Shalette] (#1000-52-7-1): For scheduling meeting with the Town Attorney. In addition, we have previously requested in writing, and twice by telephone, the s'cheduling of pre-submission conferences for: Hardy Plumbing & Heating (site plan - Mattituck) and Kalapodis/Maleas (subdivision Cutchogue). Please give this your attention. Thank you for your consideration. Sincerely, Rudolph H. Bruer RHB/df ':~ cc: Mr. Argirios Papadopoulos Mr. George Maragos Mr. Steven P. Sanders ~ Dr. and Mrs. Benson H. Shalette Mr. and Mrs. Edward M. Brown Mr. Joseph A. Hardy Mr. Gus Mitropoulos Southold, N.Y. 11971 (516) 765-1938 April 26, 1988 Mr. Rudolph Bruer Main Road Southold, NY 11971 RE: Papadopoulos and Maragos SCTM 91000-59-3-17 Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board on Monday, April 25, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer's report dated April 7, 1988. If you have any questions, please do not hesitate to contact this office. jt Very truly yours, BENNETT ORLOWSKIfJR. CHAIRMAN /j April 21, 1988 Southampton Drainage Corp. Magee street Southampton, N.Y. 11968 Att: Jack Grefe Re: Subdivision for Papadopoulos and Maragos Kenney's Road, Southold, N.Y. SCTM ~1000-059-3-17 Dear Mr. Grefe: Sidney B. Bowne & Son, engineering consultants for the Town of Southold, have revised the Town's previous recommendations for drainage basins at the above property. They now want two connected leaching basins at each of two locations (four basins altogether), each 8 ft. in diameter X 10 ft. deep. We enclose herewith a copy of the engineer's 4/7/88 letter to the Planning Board, along with their sketch and location map. As these specifications do not conform with those in your contract, we assume some adjustments are in order, hopefully in our clients favor. You may proceed with the work as soon as your schedule will allow. We are told, however, that you must notify Sidney B. Bowne & Son 24 hours in advance of commencing this job. Please call my office immediately if you have any questions or concerns re the above. Also, we may be contacting you shortly regarding some additional work of a similar nature. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. Argirios Papadopoulos Mr. George Maragos / Southold Town Planning Board~/ P%ANNIN~ BOARD April 13, 1988 Board of Fire Commissioners Southold Town Fire Department Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos and Maragos Kenneys Road, Southold, N.Y. SCTM #1000-59-3-17 Dear Sirs: Please be advised that the fire well installation at the above referenced property is now completely hooked-up and ready for your inspection. Please report the results of your inspection to the Southold Town Planning Board. We appreciate your cooperation in this matter. Sincerely, Rudolph H. Bruer RHB/df cc: Southold Town Planning Board ~UmOI.D ~ PLANNING ~OARD April 12, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: It has now been eight (8) months since the Planning Board granted final approval of this subdivision. We are unable to complete the required improvements due to the inaction of Sidney B. Bowne & Son. We have provided them with all of the information they requested to formulate a determination regarding the drainage basin locations expected a timely response. We would appreciate your contacting Bowne in this regard, as we to meet our time limitations and our contractor will require sufficient notice for scheduling the work to be done. Thank you for your consideration. cc: Mr. Argirios Papadopoulos Mr. George Maragos Sidney B. Bowne & Son and intend Sidney B Bowne, P.E., L.S (1922-1959) Chester C Kelsey, PE,, LS. Alexandre W. Mercil, P.E Robert A Stanton, P.E Robed W Brown, LS ZabdielA Blackman, PE, L.S George A. Style, PE JerryD Almont, PE George L. Fagan, Jr, Ph.D., P.E. Thomas R Pynchon, L.S. SIL.,JEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 April 7, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Papadopoulos & Maragos, Town of Southold, New York (SBB NO. 87181) S.C.T.M.: 1000-059-03-17 Gentlemen: We have reviewed the revised drainage plan dated March 24, 1988 for the above referenced subdivision. As requested in our initial review of this project, additional existing elevations (road profiles) have been provided by the developer's surveyor for Kenny Road. From the road profile, precise locations for the placement of draina§e structures could be accomplished. We have discussed the revised plan with Ray Jacobs, Supt. of the Highway Department and have decided to slightly modify the proposed plan which had five (5) individually placed leaching pools. Our modified plan would have four (4) leaching pools, placed in two (2) groups. We have enclosed a marked print showing the requested modifi- cations. Since this is a final plan, it should be revised and resubmitted. Also, the previous submission included the mention of a fire well with a submersible pump. Engineering drawings should be prepared for the fire well for approval by the local fire district commissioners. Please contact our office if you have any questions. RWB:clg Encl. XC: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER An EQual Oppo~unlty Employer M/F/H April 7, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Pending applications Dear Mr. Orlowski: We respectfully request that the Planning Board include the following applications on their April 11, ].988 agenda: Subdivision for Daniel Marcucci (~1000-18-2-34): For sketch plan approval - This application and accompanying fees were submitted to the Planning Board on 1/27/88. Revised "cluster" plan submitted on 3/31/88. 2. Subdivision for Papadopoulos and Maragos (#1000-59-3-17): For approval of drainage basin locations by Sidney B. Bowne Son. Receipt and approval of Southold Fire Commissioner's inspection report (fire well). 3. Minor subdivision for North Road Associates (~1000-18-4-1): For recommendations re road improvements 4. Subdivision known as "Arshamomaque Island" [Shalette] (#1000-52-7-1): For update re meeting with the Town Attorney. Thank you for your consideration. cc: Mr. Daniel Marcucci Mr. Argirios Papadopoulos Mr. George Maragos Mr. Steven P· Sanders Dr. and Mrs. Benson H. Shalette LEFFErT5 P. £DS~)N ~etlre~; RUD[DLPH H. ~BrUER March 29, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: Enclosed herewith please find a copy of the Planning Board's 2/8/88 resolution (letter dated 2/16/88) and a copy of Sidney B. Bowne & Son's 1/28/88 report referred to therein. In compliance with the Board's resolution, we enclose herewith: 1. A copy of the preliminary plan of this approved subdivision with the additional elevations requested and the proposed leaching basin locations. 2. A profile of Kenney's Road showing high and low points, leaching basin locations and typical construction. We respectfully request a prompt determination, in order that our clients may complete this project without further delay. Sincerely, /~udolph ~. Brue~r' ~._ V~HB/df -- · Encs. cc: Sidney B. Bowne & Son (w/encs.) Raymond Jacobs, Superintendent, Southold Town Highway Department Mr. Argirios Papadopoulos Mr. George Maragos / O0 '= 1'~ Southold, N.Y. 11971 (516) 765-1988 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of ~aj~r subdivis~ion~ minor subdivision, site plan) Hamlet ~i~ o ~.~ ~J ' ' ¥~TERIAL SUBMITTED: File # ~l ~ ~ Suffolk County Tax Map No. Sketch plan Preliminary m~i Street Profiles Grading Plan Preliminary site plan Final Map ~ (~I~ ~ Other Very truly yours, ~2 ~. BENNETT ORLOWSKI, JR.,CHAI~MJ~N SOUTHOLD TOWN PLANNING BOARD CEFFERTS March 18, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: Thank you for your letter of March 14, 1988. This letter is identified as a response to ours of March 8th, however, our March 8th letter specifically requests confirmation of the items listed therein. Mr. Robert Brown's sympathy is appreciated, but is not what we were looking for. Also, the statement that the 8/10/88 deadline cannot be extended makes me uncomfortable, in light of our option to submit a three-year performance bond. We respectfully request a direct response to our March 8, 1988 letter (copy enclosed for your reference). Our clients' are proceeding with and are most anxious to complete this project, in accordance with the requirements of the Planning Board. We simply ask to be assured that our understanding of this project's status and objectives is mutual. Thank y~u~or your consideration. Slj e el/__ cc: Mr. ~rgirios Papadopoulos gr. Goorge Maragos Southold, N.Y. 11971 (516) 765-1938 March 14, 1988 Rudolph Bruer Main Road Southold, NY 11971 RE: Subdivision of Papadopoulous and Maragos, e/s/o Kenny's Road, n/o CR 48, Southold, SCTM # 1000-59-3-17 Dear Mr. Bruer: This is in response to your letter of March 8th, please be aware that Mr. Robert Brown of Sidney B. Bowne and Son, Inc. was called by this office on March 8th with regard to this subdivision. He understands that your client is operating under a deadline which cannot be extended beyond the expiration date of August 10, 1988. It is suggested that the improvements be completed several weeks prior to the expiration date to allow sufficient time for field inspections by Robert Brown's staff and the Planning Board's staff; and for the subsequent signature of the map at a Planning Board meeting. If any problems should arise, do not hesitate to contact me. Sincerely, Valerie Scopaz Town Planner for Bennett Orlowski,Jr. CHAIRMAN cc: Robert Brown jt March 8, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: Thank you for including a discussion of this matter at last night's Planning Board meeting. As a result thereof, and so that our clients may be assured of where they stand, we ask that you confirm our understanding of this project's status, as follows: 1. This map was granted final conditional approval on 8/10/87. 2. By resolution of 2/8/88, the Board granted an extension of time to comply with the conditions of final approval, which extension will expire on August 10, 1988. That applicants may comply, in full, within this extended time period in lieu of submitting a performance bond for the required improvements. 3. By resolution of 2/8/88, the Board accepted and requested compliance with Sidney B. Bowne & Son engineer's report dated 1/28/88. That compliance with said report means obtaining and submitting a profile map of Kenney's Road (extending 200 ft. on either side of the property boundaries) with elevations at 50 ft. intervals. 4. Upon submission of the required road profile, Sidney B. Bowne & Son will exercise due diligence in approving locations for the required drainage basins. 5. Upon installation of the required improvements and full compliance with the remaining conditions of the Board's 8/10/87 final approval, the Board will authorize you, as Chairman, to sign the final map. We beg your indulgence and prompt reply. Sincerely, Rudolph H. Bruer RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos PL/ ' '/~ D SLaY Southold, N.Y. 11971 (516) 765-1938 March 14, 1988 Rudolph Bruer Main Road Southold, NY 11971 RE: Subdivision of Papadopoulous and Maragos, e/s/o Kenny's Road, n/o CR 48, Southold, SCTM 9 1000-59-3-17 Dear Mr. Bruer: This is in response to your letter of March 8th, please be aware that Mr. Robert Brown of Sidney B. Bowne and Son, Inc. was called by this office on March 8th with regard to this subdivision. He understands that your client is operating under a deadline which cannot be extended beyond the expiration date of August 10, 1988. It is suggested that the improvements be completed several weeks prior to the expiration date to allow sufficient time for field inspections by Robert Brown's staff and the Planning Board's staff; and for the subsequent signature of the map at a Planning Board meeting. If any problems should arise, do not hesitate to contact me. Sincerely, Town Planner for Bennett Orlowski,Jr. CHAIRMAN cc: Robert Brown jt 7 March 8, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: Thank you for including a discussion of this matter at last night's Planning Board meeting. As a result thereof, and so that our clients may be assured of where they stand, we ask that you confirm our understanding of this project's status, as follows: 1. This map was granted final conditional approval on 8/10/87. 2. By resolution of 2/8/88, the Board granted an extension of time to comply with the conditions of final approval, which extension will expire on August 10, 1988. That applicants may comply, in full, within this extended time period in lieu of submitting a performance bond for the required improvements. 3. By resolution of 2/8/88, the Board accepted and requested compliance with Sidney B. Bowne & Son engineer's report dated 1/28/88. That compliance with said report means obtaining and submitting a profile map of Kenney's Road (extending 200 ft. on either side of the property boundaries) with elevations at 50 ft. intervals. 4. Upon submission of the required road profile, Sidney B. Bowne & Son will exercise due diligence in approving locations for the required drainage basins. 5. Upon installation of the required improvements and full compliance with the remaining conditions of the Board's 8/10/87 final approval, the Board will authorize you, as Chairman, to sign the final map. We beg your indulgence and prompt reply. Sincerely, ~R~dolph ~. Bruer ~ RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos LEFF~RTSP.[DSON (Retired) RUDOLPH H.BRUER MAIN ROAD - p.o, BOX I 4~8 February 25, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: Thank you for your letters of 2/16/88 and 2/22/88. I respectfully call your attention to your and the board's letter of 8/17/87, wherein the board granted final approval of this subdivision on 8/10/87, subject to five conditions to be completed within six months. A copy of this letter is enclosed for your convenience. Please note that the only engineering report this subdivision approval was subject to was that of J. W. Davis (Report NO. 560 dated 12/22/86) a copy of which is also enclosed. This is also confirmed by your letter to me of 11/23/87 (copy enclosed). My clients are endeavoring to comply with this report and have hired a contractor (see enclosed copy of Southampton Drainage Corp. contract). The Town's engineering consultant, Sidney B. Bowne & Son was only to supply a performance bond estimate. My clients, by your 2/8/88 resolution, are being asked to comply with Bowne's report of 1/28/88. We beg that you further study this report, which states that this subdivision is in its preliminary stages. This is not so. Final approval has been granted. The map is in final form. This property lies on an existing Southold Town road. This application has been before the Planning Board since June 24, 1985. Further delays are not helpful to the developer or the Town. The remaining four of the five conditions of the 8/10/87 approval have been, or will be, completed within the extended time frame granted by the board on 2/8/88 and set forth in your letter of 2/22/88. B. Orlowski, Jr. -2- February 25, 1988 Your 2/16/88 letter uses "engineer's report" when referring to the 1/28/88 comments and recommendations of Sidney B. Bowne & Son and refers to this final subdivision as a "proposal". Your letter of 2/22/88, your use of "engineer's report" can only refer to the bond estimate which is the subject of condition 95 of your 8/10/87 approval of this subdivision. The one and only "engineer's report" is Davis' Report No. 560. Please also again find copies of our response to Sidney B. Bowne & Son and request to Ray Jacobs. We are trying! In light of the above, we wish resolutions of 2/8/88. Thank you in advance for ~-~./~udol~h H. Bruer ~HB/df Encs. cc: Mr. Argirios Papadopoulos Mr. George Maragos that you please clarify the board's your cooperation. 0 5.41°57'50"t~. 961.26 8~6.5.5 (Retired) February 25, 1988 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Papadopoulos and Maragos Kenney's Road, Southold, N.Y. Dear Sirs: We return herewith three prints endorsement (Feb. 17, 1988) by Health. of this final map with revised the Suffolk County Department of Sincerely, Rudolph ~. Bruer ~/~-- RHB/df Encs. (Retired) February 18, 1988 Southold Town Town Hall Main Road Southold, N.Y. Planning Board 11971 Re: Subdivision for Papadopoulos and Maragos Kenney's Road, Southold, N.Y. Dear Sirs: Enclosed please find copy of the Town Clerk's receipt dated 2/18/88 acknowledging our client's payment of $10,750.00 in lieu of land for park and playground, pursuant to your 8/10/87 resolution approving the above subdivision. Sincerely, RHB/df TOWN TOWN OF For (Retired) February 17, 1988 HAND-DELIVERED Southold Town Clerk's Office Town Hall Main Road Southold, N.Y. 11971 Att: Judith Terry, Town Clerk Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, N.Y. Dear Mrs. Terry: Enclosed herewith please find our check, payable to the Town of Southold, in the sum of $18,750.00. This sum represents the park and playground fee designated by the Southold Town Planning Board as a condition of their August t0, 1987 approval of the above-referenced subdivision. ~ Please notify the Planning Board, in writing, of your receipt and acceptance of this fee. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Southold Town Planning Board Mr. Argirios Papadopoulos Mr. George Maragos (Retired) February IT, 1988 Sidney B. Bowne & Son 45 Manor Road Smithtown, N.Y. 11787 Att: Robert W. Brown, L.S. Re: Subdivision for Papadopoulos & Maragos Southold, N.Y. Your file: #87181 Dear Mr. Brown: This office represents Messrs. Papadopoulos and Maragos in connection with the above matter. Enclosed herewith please find a copy of your 1/28/88 letter addressed to Mr. Bennett Orlowski, Jr., Chairman, Southold Town Planning Board. We assume that this letter is in response to our request to the Planning Board and Ray Jacobs for approval of the suggested drainage basin locations submitted by our surveyor, Roderick Van Tuyl, P.C. (copy of our 2/1/88 letter and enclosures addressed to Raymond Jacobs is enclosed for your reference). If this is not the case, we would appreciate being so advised. Referring again to your 1/28/88 letter, we have highlighted and respectfully request a clarification of the final sentence in item #2. In addition, your suggestion that the preliminary plan be revised and resubmitted is inappropriate. This is a final map, granted final conditional approval by the Southold Town Planning Board (see enclosed 8/10/87 resolution) and we can submit no other. Mr. Davis' report #560 recommends approximate locations for five leaching basins, we are simply seeking the Town's acceptance of the locations suggested by our surveyor. Your timely response will be appreciated. Sincerely, Rudolph H. Bruer RHB/df Encs. / cc: Southold Town Planning Board Raymond Jacobs, Superintendent, Southold Town Highway Department ccrr~mTSp, coso~(Retired) February 1, 1988 Raymond Jacobs, Superintendent Southold Town Highway Department Peconic Lane Peconic, New York 11958 Re: Papadopoulos and Maragos Kenney's Road Southold, New York Pursuant to our telephone conversation, I enclose herewith the following: 1. Copy of Jack Davis' Report No. 568, setting forth his recommendations for approximate locations of five leaching basins. 2. Copy of R. Van Tuyl's staked locations and suggestions for placement based upon the road's contours. Our clients are desirous of placing the leaching basins where they will be most effective, but must be assured of the Town's approval prior to commencing installation. Please review the enclosed and advise the Planning Board whether you approve Van Tuyl's suggestions. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Southold Town Planning Board Mr. Argirios Papadopoulos Mr. George Maragos LEFFERT5 P. EDSON ~e~lreo2 February 8, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Papadopoulos and Maragos Kenney's Road, Southold, N.Y. Dear Mr. Orlowski: On behalf of our clients, Argirios Papadopoulos and George Maragos, hereby request a six-month extension of time to comply with the Board's August 10, 1987 conditional approval of this subdivision. we The installation of the required fire well and five drainage basins is in progress, but additional time will be required to complete this work. In addition, our clients were prevented from complying with condition #5 of your approval, within the current six month time period, as they did not receive a bond estimate from your engineering consu].tant, Sidney Bowne. Thank you for your consideration Sin6~/l~,7 J ~ RHB/d~ cc: Mr. Argirios Papaaopoulos Mr. George Maragos in this matter. Sidney B Bowne, PE,, ES. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, PE. Robert A. Stanton, P.E. Robert W Brown, LS. George A. Style, P.E Jerry D Alrnont PE George L. Fagan, Jr, Ph.E), PE Frank Capobianco. C E Thomas R. Pynchon. L.S SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 {516) 724-0611 FEB - 1 1988 Roland Anders Roger L Cocchi Francis J Lynch Phihp $chlotzhauer Joseph F Slegman Paul F Stevens William T Styne Richard B Weber January 28, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Review of Papadopoulos & Maragos Subdivision Plan, Southold, New York (SBB NO. 87181) Dear Sir: We have reviewed the above referenced subdivision plan and have also discussed it with Ray Jacobs, Superintendent of Highways. A summary of our comments and recommendations is as follows. A visual inspection was made of the site from which it was determined that a low point on Kenny Road is irregular and the existing elevations as shown are too infrequent and are therefore insufficient for determining low areas or d'irection of flow on existing road. Resubmit and provide additional elevations at 50 Ft. intervals (featuring high & low points) for a distance of 200 Ft. past the boundaries of the site on Kenny Road. With this information, possible problem flooding areas can be located and drainage structures situated by the designer. A review of the sewer topographic maps indicate a-natural drainage swale just to the north of the site, heading in a westerly direction, passing the site. Also, a minor depression exists just to the south and 'southwest of th~esite. Therefore, stormwater runoff from adjoining areas should~se any threat to this site. The preliminary plan should be resubmitted including the additional information as noted above. Please contact us should you have any questions regarding this matter. Very truly yours, SIDNI CON: R( RT W. BRO~;N, L.S. '~ I" '¢" JWK:dd cc: Ray Jacobs Ray Dea~INEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER · . Am E{~ual Opportunity Employer M/F/H Sidney B. Bowne, P.E., L.S ( 1922~ 1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercg, PE. Robert A Stanton, P.E Robert W Brown, LS Zabdiel A. Blackman, P.E, L.S George A Style, PE. Jerry D Almont, P E George L Fagan, Jr., PhD., PE Frank Capobianco, CE Thomas R. Pynchon, L.S SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 FEB - ! 1988 Roland Anders Roger L Cocchi Francis J Lynch Philip Schlotzhauer Josept~ F Stegman Paul F Stevens William T Styne Richard B Weber January 28, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Review of Papadopoulos & Maragos Subdivision Plan, Southold, New York (SBB NO. 87181) Dear Sir: We have reviewed the above referenced subdivision plan and have also discussed it with Ray Jacobs, Superintendent of Highways. A summary of our comments and recommendations is as follows. A visual inspection was made of the site from which it was determined that a low point on Kenny Road is irregular and the existing elevations as shown are too infrequent and are therefore insufficient for determining low areas or direction of flow on existing road. Resubmit and provide additional elevations at 50 Ft. intervals (featuring high & low points) for a distance of 200 Ft. past the boundaries of the site on Kenny Road. With this information, possible problem flooding areas can be located and drainage structures situated by the designer. e A review of the sewer topographic maps indicate a natural drainage swale just to the north of the site, heading in a westerly direction, passing the site. Also, a minor depression exists just to the south and southwest of the site. Therefore, stormwater runoff from adjoining areas should pose any threat to this site. The preliminary plan should be resubmitted including the additional information as noted above. Please contact us should you have any questions regarding this matter. Very truly yours, SIDN~BOWNE & SO~ C O~NE~ ROBERT W. BRO~4N, L.S. JWK:dd cc: Ray Jacobs Ray Dea~NEOLA · SMITHTOWN · NEW YORK CITY An Equal Opportunity Employer M/F/H · CLEARWATER c~rr~s~.~oso~(Retired) February 1, 1988 Raymond Jacobs, Superintendent Southold Town Highway Department Peconic Lane Peconic, New York 11958 Re: Papadopoulos and Maragos Kenney's Road Southold, New York Pursuant to our telephone conversation, I enclose herewith the following: 1. Copy of Jack Davis' Report No. 560, setting forth his recommendations for approximate locations of five leaching basins. 2. Copy of R. Van Tuyl's staked locations and suggestions for placement based upon the road's contours. Our clients are desirous of placing the leaching basins where they will be most effective, but must be assured of the Town's approval prior to commencing installation. Please review the enclosed and advise the Planning Board whether you approve Van Tuyl's suggestions. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Southold Town Planning Board~' Mr. Argirios Papadopoulos Mr. George Maragos FEB ' 1988 _ Raymond L. Jacobs, Superintendent Southold Town Highway Department To: Report No. 560 JA~ Prom: John W. Davis Date: December 22, 1986 Re: Preliminary Major Subdivision for Papadopoulos and Maragos Map by Van Tuyl dated December 10, 1986 Comments: The following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as "Reserved for possible future dedication to Town." Twenty five (25') feet of this width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50 ft. R.O.W. for any future road construction. Apparently the 50 ft. R.O.W. is not shown correctly for a major subdivision. Also, all the lots have frontage on Kenny's Road and an entrance road is not necessary for this subdivision only. From observation and what few contours are shown the runoff from most of the lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which will be increased when houses are built and the lots graded. Recommendations: Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced top slab and inlet type casting on Kenny's Road. Approximate locations - one each at N.W. and S.W. corners of property, one at common property line lots 4 and 5, one at Lilco R.O.W. and one at common property line at lots i and 2. W. Davis cc: Southold Town Planning Board Highway Committee L. M. Tuthilt, P.E. Southold, N.Y. 11971 (516) 765-1938 November 23, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold,NY 11971 RE: Papadopolous and Maragos Dear Mr. Bruer: With regard to the above mentioned subdivision, please let this confirm that upon satisfactory compliance with the conditions of approval, the Board may authorize the Chairman to endorse the surveys. If you have any questions, please don't hesitate to contact our office. Very truly yours, NNETT ORLOWSKI, rjR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 October 22, 1987 Rudolph H. Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos SCTM~ 1000-59-3-17 Dear Mr. Bruer: In response to your correspondence of September 8, we offer the following. The six month time period will be for a bond then the applicants will have time under bond for of required improvements. submission - installation We have been advised by the Southold Fire District that they will require a fire well and upon receipt of bond estimate from our engineering consultant, we will forward same to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD September 8, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Papadopoulos and Maragos SCTM# 1000-59-3-17 Dear Mr. Orlowski: Please respond to my August 26, 1987 letter (copy enclosed). your response, it seems inaPpropriate and unduly burdensome six-month time restriction to have commenced. sincerely, Rudolph H. Bruer RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos Without for our LEFFERT5 P. EDSDN RUDOLPH H. BRUER Board of Fire Commissioners Southold Town Fire Department Main Road Southold, New York 11971 August 26, 1987 Re: Subdivision for Papadopoulos and Maragos Kenneys Road, Southold, N.Y. SCTM #1000-59-3-17 Dear Sirs: This office represents the owners of the above referenced property. We understand that you have been contacted by the Southold Town Planning Board, inquiring whether you will require placement of fire wells at this property. Please advise us whether or not you are going to require same and, if so, whether you will be so kind as to mark the locations on the enclosed survey map and return it to us as soon as possible. We would like to proceed quickly with this matter. Thank you for your anticipated cooperation. Sincerely, RHB/df Enc. cc: Mr. Argirios Papadopoulos Mr. George Maragos Southold Town Planning Board August 26, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Papadopoulos and Maragos SCTM# 1000-59-3-17 Dear Mr. Orlowski: I am in receipt of the Board's resolution of August 10, 1987. I wish to bring your attention to an inconsistency therein. Specifically, Condition #5. What is the point of requiring a bond if my clients are already subject to a six-month deadline to complete the listed conditions of approval. If you want a bond, then give them the three years time they are entitled to under the provisions for a major subdiw[sion. If you insist on Condition #5, kindly provide us with a copy of the Sidney Bowne determination. I would appreciate your timely Sincerely, i Rudolph ~. Brue~/ ' ,V RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos response. ?-:C~.,VED 6'¢ August 26, 1987 Board of Fire Commissioners Southold Town Fire Department Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos and Maragos Kenneys Road, Southold, N.Y. SCTM #1000-59-3-17 Dear Sirs: This office represents the owners of the above referenced property. We understand that you have been contacted by the Southold Town Planning Board, inquiring whether you will require placement of fire wells at this property. Please advise us whether or not you are going to require same and, if so, whether you will be so kind as to mark the locations on the enclosed survey map and return it to us as soon as possible. We would like to proceed quickly with this matter. Thank you for your anticipated cooperation. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr. Argirios Papadopoulos Mr. George Maragos Southold Town Planning Board RECEIVED BY B 1987 -- - DATE To: From: Re: Raymond L. Jacobs, Superintendent Southold Town Highway Department John W. Davis Report No. 560 ~J~N Date: December 22, 1986 Preliminary Major Subdivision for Papadopoulos and Maragos Map by Van Tuyl dated December ~0, 1986 The following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as "Reserved for possible future dedication to Town." Twenty five (25') feet of this width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50 ft. R.O.W. for any future road construction. Apparently the 50 ft. R.O.W. is not shown correctly for a major subdivision. Also, all the lots have frontage on Kenny's Road and an entrance road is not necessary for this subdivision only. From observation and what few contours are shown the runoff from most of the lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which will be increased when houses are built and the lots graded. Recommendations: Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced top slab and inlet type casting on Kenny's Road. Approximate locations - one each at N.W. and S.W. corners of property, one at common property line lots 4 and 5, one at Lilco R.O.W. and one at common property line at lots ~ and 2. W. Davis CC: Southold Town Planning Board Highway Committee L. M. Tuthill, F.E. T 'LD S Y FILl COPY Southold, N.Y. 11971 (516) 765-1938 August 17, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopolous and Maragos at Southold SCTM ~ 1000-59-3-17~ Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, August 10, 1987. WHEREAS,~ a formal application for the:approval of a subdivision plat, entitled Minor subdivision fPapadopolous and Maragos, was submitted to the Board on July 7, 1987 (final application) and filing fee of $125 was paid, and WHEREAS, a final public hearing was held on said subdivision and plat at the Southold Town Hall, Main Road, Southold, New York on July 27, 1987, and, WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, THEREFORE, BE IT RESOLVED that the application of Papadopolous and Maragos for approval of said subdivision plat prepared by Rod Van Tuyl and dated June 17, 1987 be approved subject to the following conditions, to be completed within six (6) months from the date of this resolution: SCTM # 1000-59-3-17: 1. Placement of fire wells, if required by the Southold Fire District. 2. Covenants and restrictions stating no further subdivision of Lot No. 3 to be filed in the Office of the County Clerk with a certified copy of same to the Office of the Planning Board. Rudy Bruer Page 2 8/17/87 3. Payment of $10,750 to the Town Clerk as payment in lieu of land for park and playground. 4. Drainage as per Inspector John W. Davis in his report No. 560. 5. Appropriate bond, letter of credit, or passbook and inspection fee for improvements in conditions #1 and #4 as determined by the Engineering Consultant, Sidney Bowne. our If you have any questions, please don't hesitate to contact office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary /: / 186.26 ~61.26 Southold. N.Y. 11971 (516) 765-1938 August 17, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopolous and Maragos at Southold SCTM # 1000-59-3-17 Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, August 10, 1987. WHEREAS,' a formal application for the:approval of a subdivision plat, entitled Minor subdivision fPapadopolous and Maragos, was submitted to the Board on July 7, 1987 (final application) and filing fee of $125 was paid, and WHEREAS, a and plat at the York on July 27, final public hearing was held on said subdivision Southold Town Hall, Main Road, Southold, New 1987, and, WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, THEREFORE, BE IT RESOLVED that the application of Papadopolous and Maragos for approval of said subdivision plat prepared by Rod Van Tuyl and dated June 17, 1987 be approved subject to the following conditions, to be completed within six (6) months from the date of this resolution: SCTM # 1000-59-3-17: 1. Placement of fire wells, if required by the Southold Fire District. 2. Covenants and restrictions stating no further subdivision of Lot No. 3 to be filed in the Office of the County Clerk with a certified copy of same to the Office of the Planning Board. Rudy Bruer Page 2 _ 8/17/87 3. Payment of $10,750 to the Town Clerk as payment in lieu of land for park and playground. 4. Drainage as per Inspector John W. Davis in his report No. 560. 5. Appropriate bond, letter of credit, or passbook and inspection fee for improvements in conditions #1 and #4 as determined by the Engineering Consultant, Sidney Bowne. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary // Raymond L. Jacobs, Superintendent Southold T~wn Highway Department To: eport From: John W. Davis Date: December 22, /986 Re: Preliminary Major £ubdivision for Papadopoulos and Maragos Map by Van Tuyl dated December lO, /986 5 The following is based on our field inspection made on above date. The map shows a 50 ft. R.O.W. noted as "Reserved for possible future dedication to Town." Twenty five (25') feet of this width is in the sixty foot (60') width of the Lilco tower R.O.W. leaving only half of the 50 ft. R.O.W. for any future road construction. Apparently the 50 ft. R.O.W. is not shown correctly for a major subdivision. Also, all the lots have frontage on Kenny's Road and an entrance road is not necessary for this subdivision only. From observation and what few contours are shown the runoff from most of the lot areas goes to Kenny's Road. There are low points in Kenny's Road along this property that are subject to flooding in heavy rainfall which will be increased when houses are built and the lots graded. Recommendations: Installation of leaching basins - 8 ft. diam. by 8 ft. depth with rein- forced top slab and inlet type casting on Kenny's Road. Approximate locations - one each at N.W. and S.W. COrners of property, one at common property line lots 4 and 5, one at Lilco R.O.W. and one at common property line at lots I and 2. W. Davis CC: Southold Town Planning Board Highway Committee L. ~ Tuthill, P.E. Southold, N.Y. 11971 (516) 765-1938 ,D November 23, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold,NY 11971 RE: Papadopolous and Maragos Dear Mr. Bruer: with regard to the above mentioned subdivision, please let this confirm that upon satisfactory compliance with the conditions of approval, the Board may authorize the Chairman to endorse the surveys. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRF~AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Drainage Corp. Drainage Contractors 395 Tuthill Road~oulhomp~On L~u.,,~.~ ~-'r' Southold. N.Y. 119910 North Magee Street 765-9255 $oushan,pton, N.Y. 11968 ~dson and ;;ain Road Oecember 3, 1997 Estimate: 2apadopoulons 3outhamplon Drainage proposes to aupi)ly all iai)or and faataria/ to perfor~:~ ti~o followin3 work: 1) Inst~l] five leaching basins, ~qch beinq 3 f-t. diam. 3 ft. deeI) ~ith traffic '.)oarin~7 slabs and inlet :;y2e 2) Roush nrado area dlo~ur,)ed by us and ~emove ]'he above ~'mrk t,sill be performed in $ ~orkmanlike manner for the su,n off $ 6500.00 by castinos. ., ate~zal Conditions of pay~lent: :~250:?.00 u;)on sPl)rova1 $J~.980.0{} '/hen naterial is d~liver~:; 0 O0 $1,000.00 upon approval bF the Town of Southold LEGAL NOTICE Notice of Hearing ' NOTICE IS HEREBY GIVEN THAT pursuant to Section 276 of the Town Law, public hear- ings will be held by the Southold Town Planning Board at the Town Hall, Main Road, South- old, New York in said Town on ( /gfthe following: ~ 7:30 p.m. Approval of the final '~ ~aps for the major subdivision for ~apadopoulo~ ~nd~Mara~os~ of Southold, County of Suffolk, State of New York and bounded as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road said point being North 41°51'50" West, 705.05 feet, westerly side of Middle Road (CR 48), said point also being the southerly ~ of ~ within described ~ ~ning nine, am~ along the ,ner~heas- terly side of Kenneys Road, North 41°47,50" West, 886.09 formerly of Conway; ~hmee~e along said land now or fo Y of Conway North 46°3T30'' East, formerly of ~Venetis, South of Levine; thence along said land now or formerly of Levine and the following two (2l courses and distances: (1) South 46°38'50'' West, 360.62 feet; (2) South 46o37'10" West, 351.56 feet to ney's Road at the point or place of BEGINNING. 7:45 p.m. Approval of the minor subdi¥ision of Richard and Anita C. Wilton located at old, County of Suffolk and State of New York, lying on the eas- terly side of Queen Street, a pti- rate road, bounded and de- scribed as follows: BEGINNING at a stake set on the easterly side of Queen wide, which said point is d~stant corner formed by the intersec- southerly side of North Road, C.R. 48 with the easterly side of Queen Street and fror- .... ,~, running ~.P?~e ~[on~g ~he southerly side of the land now or formerly of Ronald and Barbara Edeen, North 61°1T20" East, 238.68 formerly Daniel G. Conklin; thence along said last mentioned land, South 1°45'30" East, of the Village of Greenport; thence along said land of the Vil- lage of Greenport, South side of Queea Street; thence along the aertheasterly side of Queen ~, the following throe coumez and distances: (1) North 48°43'50" East, 195.90; (2) North 8°17'20" West, 123.70 should appear at the time and place above specified. Dated: July 6, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN 1TJy16-5666 STATE OF NEW YOR ) ) SS: COUNTY OF SUFFOLK ) __Gerry P~Aia rO ...... of Greenpo said County, being duly sworn, says that he/-=_ Principal Clerk of THE SUFFOLK TIMES, a W= Newspaper, published at Greenport, in the ! of Southold, County of Suffolk and State of York, and that the Notice of which the annex a printed copy, has been regularly publish= said Newspaper once each week for ~ weeks successively, commencing on the ~ day of July 19_.~7 ~ rincipal lark Sworn to b~ore me this LEGAL NOTICE {otice of Hearing ICE IS HEREBY GIVEN pursuant to Section 276 Town l~w, public hear- i11 be held by the Southold Planning Board at the Hall, Main Road, South- ,ew York in said Town on ,o',.,-4 '~Xl~livision 140~ Sllq ~l~l~arafos, pU' ~a~]an th, e s~: pU~i~;~ney s op~9K~%rth %t18 -Olll; feet, '~' _.2.e of '%9ocl uu~rth_ 'gO9 %s°%ad %xlo .LIO the ~oq l[min dn ps,aid ~ooa ~ -u~ 'oUO m ~u~l~°~ uOO'lY ~moq oI°~ ~ %{ gu~m ,puo~d o~ll~S '~ mos pu~ smum '0'~ ,pulqoq ui~o~ pu~ 'OI~d ~.~ ,pmqoq II°Y %uamO~ u~ o~J oq% ~do~uo~ osop STATE OF NEW YOR ) ) SS: COUNTY OF SUFFOLK ) ~G ~2J2~k~p_~ql ~rD_ ...... of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the ~ day of ~ 19__~L7_ :, " ~/~rincipal (~lerk LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN THAT pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hail, Main Road, Southold, New York, in said Town on tlie 27th day of July, 1987, on the question of the ;llowing: 7:30 p.m. Approval of the nai maps for the major sub- division for _Pa~gadopo¢os and Masago~located at Southold in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a point on the Northeasterly side of Ken- ney's Road said point being North 41° 51' 50" West, 705.05 feet, more or less, from the in- tersection of the northeasterly side of Kenney's Road with the northwesterly side of Middle Road (CR 48), said point also being the southerly corner of the within described premises; run- ning thence from said point of beginning ,and along the nor- theasterly side of Kenney's Road, North 41' 47' 50" West, 886.09 feet to a point and land now or formerly of Conway; thence aiong said land now or formerly of Conway North 46° 37' 30" East, 701.24 feet to a point and land now or former- ly of Venetis; thence along said land now or formerly of Venetis, South 42° 40' 20" East, 886.35 feet to a point and land now or formerly of Levine; thence along said land now or formerly of Levine and land,now or former- ly of Donahue the following two (2) courses and distance: (1) South 46° 38' $0" We% 360.62 feet; (2) South 46* 37' 10'~ West, 3~1~56 feet to the northeasterly side of Kenney's Road at the p~nt or place of BEGINNING~ 7:45 pm. Approval of the minor subdivision of Richard C. and An!ta C. Wilton located at Arshamomaque, Town of Southold, County of Suffolk and State of New York, lying on the easterly side of Queen Street, a private road, bounded and described as follows: BISGiNNING at a stake set on tlie easterly side of Queen Street, 'a private road 33 feet wide, ;whtgi~id Poii~t is distant soutberl~ 49~,~ feet from.the corner foi:m~l~y the intersec- t!on of the southerl9 side of North Road, C,R. 48 with the ~r!y side of Queen Street, and from said point of beginn- lng; running thence along thc southerly side of the land now or formerly of Ronald and Bar- bara Edeen, North 61° 17' 20° East, 238.68 feet to a stake and land now or formerly of Daniel G. Conklin; thence along said last mentioned land, South 1° 45' 30" East, 114.47 feet to a stake and land of the Village of Greenport; thence along said land of thc Village of Green- port, South 0° 51' 20" West, 457.10 feet to a stake set on the northeasterly side of Queen Street; thence along the nor- theasterly side of Queen Street, the following three courses and distances: (1) North 48° 43' 50" East, 195.90 feet; (2) North 8° 17' 20° West, 123.70 feet; (3) North H° 17' 10" West, 209.22 feet to thc point or place of beginning. Containing 1.847 acres. Any person desiring to be beard on the above matters should appear at the time and place above specified. Dated: July 6, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR, CHAIRMAN 1T-7/16/87f6) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duty sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long island Traveler-Watchman once each week for ...................... /. .... weeks successively, commencing on the -'/~- ...... C' -. .......... ;. '.!'. :'." Sworn to before me this /~ ~ ....... ' day of ....... Notary Public BARBARA FOI~ BEg Notary Pt~bl!e, State of Ne,, Ymk D LD FIL£ Southold, N.Y. 11971 (516) 765-1938 July 15, 1987 Mr. Rudolph H. Bruer, Attorney at Law Main Road Southol~, NY 11971 ESq. Papadopoulos and Maragos at Southold, SCTM ~ 1000-59-3-17. Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, July 6, 1987. RESOLVED that the Southold Town Planning Board set Monday, July 27, 1987 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the final maps for the major subdivision of Papadopoulos and Maragos located at Kenney's Road, Southold for 5 lots on 14 acres. Enclosed is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. LEGAL NOTICE Notice of Hearing NOTICEIS HEREBY GIVE THAT pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning BOard at the Town Hall, Main Road, Southold, New York in said Town on the 27th of July on the question of the following: 7:30 p.m. for Papadopoulos and Maragos located at Southold in the Town of Southold, County of Suffolk, State of New York and bounded as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road said point being North 41°51'50"West, 705.05 feet, more or less, from the intersection of the northeasterly side of Kenney's Road with the northwesterly side of Middle Road (CR 48), said point also being the southerly corner of the within described premises; running thence from said point of beginning, and along the northeasterly side of Kenney's Road, North 41047'50'' West, 886.09 feet to a point and land now or formerly of Conway; thence along said land now or formerly of Conway North 46o37'30'' East, 701.24 feet to a point and land now or formerly of Venetis; thence along said land now or formerly of Venetis, South 42040'20'' East, 886.35 feet to apoint and land now or formerly of Levine; thence along said land now or formerly of Levine and land now or formerly of DOnahue the following two (2) courses and distances: (1) South 46038'50'' West, 360.62 feet; (2) South 46°37'10'' West, 351.56 feet to the northeasterly side of Kenney's Road at the point or place of BEGINNING. 7:45p.m. Approval of the minor subdivison of Richard C. and Anita C. Wilton located at Arshamomague, Town of Southold,' County of Sufoolk and State of New York, Lying on the easterly side of Queen Street, a private road, as follows: BEGINNING at a stake set on the Approval of the final maps for the major subdivision bounded and described easterly side of Queen Street, a private road 33 feet wide, which said point is distant southerly 499.98 feet from the corner formed by the intersection of the intersection of the southerly side of North Road, C.R. 48 with the easterly side of Queen Street, and from said point of beginning; running thence along the southerly side of the land now or formerly of Ronald and Barbara Edeen, North 61017'20'' East, 238.68 feet to a stake and land now or formerly Daniel G. Conklin; thence along said last mentioned land, South 1°45'30'' East, 114.47 feet to a stake and land of the Village of Greenport; thence along said land of the Village of Greenport, South 0°51'20'' West, 457.10 feet to a stake set on the northeasterly side of Queen street; thence along the northeasterly side of Queen Street, the following three courses and distances: (1) Nortb-~8°43'50" Est, 195.90; (2) North 8°17'20'' West, 123.70 feet; (3) North 11°17'10'' West, 209.22 feet to the point of place of beginning. Containing 1.847 acres. Any person desiring to be heard on the above matters ~hould appear at the time and place above specified. Dated July 6, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on July 16, 1987 and forward two (2) affidavits of publication to the Southold Town Planning Board, Town Hall, Southold, NY 11971 Copies delivered to the following: Suffolk Times ~ung Island Traveler - Watchman dolph H. Bruer, Esq for Papadopoulos and Maragos Richard Lark, Esq for Richard and Anita Wilton Supervisor Francis J. Murphy July 3, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Papadopoulos and Maragos Dear Sirs: To complete your file, we Approval of Plat. Please advise this office of public hearing on Monday's agenda. R~lph ~. Bruer, Esq. ~RtfB/d f ~' enclose hereby Final Application for the time-slot for RSCEIVED 5¥ this APPLICATION FOR APPROVAL OF PLAT To the Planning Board oi' the Town of Southold: SOUl]tOLD IOW/ P ftfi G 80AaD DATE The accordance with Article 16 of the Town Law and the Rules a'trd-d~egulatlons of the Southold Town Planning Board, and represents ami states as follows: 1. The applicant is the owner of record of tile land under application. (If the applicant is not the owner of record qf the land under appHcation, the applicant shall state his interest in said land under app!icatlon.) 2. Tile name of the subdivision is to be . and George Maz-agos 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber 9743 Page 537 On 2/28/85 Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ..... On ........................ - as devised under the Last Will and Testament of ....................................... or as distributee 5. The area of the land is ... ].4. 374 acres. 6. All taxes which are liens on the land at the date hereof have been paid except . ,lblfl~e, .... 7. The land is encumbered by ...O.I]...e ....................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .. 3.0..6.3..0. ..... Page .... ~.5.7 ........... in original amount of 9.q9 .... unpaid amount $ .... 8. 0. t.q.0.Q ......... held by .~.c3?.~.u.e.Y.J: .~.e...R.:..C. onway Mary g...CO~V~y.., address .H..o.~..t.O..n.'.~...L..a.n,(~.,...S.Q9.~I39.~.d.,.. ~ .e.w...Y.o.¥.k....~: 3. 73. ...... (b) Mortgage recorded in Liber ......... Page ....................... in onganal amount of .............. unpaid amount $ ...................... held by ...................... .............. address (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There arc no other encumbrances or liens against the land except LILCO easement 9. The land lies in, the following zoning use districts - Residential/Agricultural lO. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept n / a 11. The applicant shall at his expense install all required public improvements. 12. The land (lllf.~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by n/a and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ... n/a ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by .... .n./..a and (a) (no) .................................................... charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold llighway system, annex Schedule "C' hereto to show same. See attached 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule °'D". 22. The applicant estimates that thc cost of grading' and reqnlred public improvements will be $...rlQiq~.. as itemized in Schedule "E' hereto annexed and requests that the maturity of the Performance Bond be fixed at ...q[.~ ....... years. The Performance Ihu.I will be written by a licensed surety company unless otherwise shown on Schedule "F". ARG~ R~OS PAPADOPOULOS 8~ GEORGE ~GOS DATE ........ ~e ~8 ., 19 ..../ .............................................. A~Co~ney for Applicant (Address) STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 3rd day of .... July 19 8 7 before me personally came ....... .R.u. 0.o..lp.h...H.t...B,r..t,l.e.r. ............. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ....h.e. ...... executed the same. Notary Public /_/~_*_ .... : ................ ~ ~ DIANA ~ ~ ~8~ $Cr STATE 0~ NEW YO~I& STATE OF NEW YORK, COUNTY OF ............................ s~:f~X'PlRE, iAISGIJST,tl, i~ll On the ................ day ............ of .............. , 19. ;: .... before me personally came .................. to me known, who being by me dui)' sworn did de- pose and say that ............ resides at No. ................. that .......................... is the ......... .................. of the corporation described in and which executed tile fllregoinlg instrument: that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and thal ............ signed .............. name thereto by like order. Notary Public ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk, State of New York, more particularly, bounded and described as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road, said point being North 41° 57' 50' West, 705.05 feet, more or less, from the intersection of the northeasterly side of Kenney's Road with the northwesterly side of Middle Road (C.R. 48), said point also being the southerly corner of the within described premises; RUNNING THENCE from said point of beginning, and along the northeasterly side of Kenney's Road, North 41° 57' 50" West, 886.09 feet to a point and land now or formerly of Conway; THENCE along said land now or formerly of Conway North 46° 37' 30" East, 701.24 feet to a point and land now or formerly of Venetis; THENCE along said land now or formerly of Venetis South 42° 40' East, 886.35 feet to a point and land now or formerly of Levine; THENCE along said land now or formerly of Levine and land now or formerly of Donahue the following two (2) courses and distances: (1) South 46° 38' (2) South 46° 37' of Kenney's Road 50" West, 360.62 feet; 10' West, 351.56 feet to the northeasterly side at the point or place of BEGINNING. SCHEDULE "A" Kenney's Road is an existing public street Highway System. in the Town of Southold SCH ~,DULE C June 18, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Papadopoulos and Maragos Kenney's Road, Southold, N.Y. Dear Sirs: In connection with the above, we submit the following for approval: 1. The original final plat tracing 2. Five (5) paper prints of the final plat Please schedule this matter for public hearing at your possible date. SiTrely' ~7 Rudolph H. Bruer ~ RHB/df Encs. cc: Mr. Argirios Papadopoulos Mr. George Maragos William H. Price, Jr., Esq. final plat earliest RECEIVED BY ' 1987 Southold, N.Y. 11971 (516) 765-1938 Southold Fire Commissioners Southold Fire Department Main Road Southold, NY 11971 Re: Major subdivisions: Papadopolous and Maragos "Reydon Court" (Marcucci) Dear Sirs: Enclosed are two subdivision proposals located at Southold which are currently pending before the Planning Board. The Planning Board requests your reco~ffnendations on the placement of fire wells within these subdivisions. Thank you for your assistance in reviewing these plans. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enCS. ~'UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 June 5, 1987 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gent lemen: The Southold Town Board, at their regular meeting held on June 2, 1987, adopted a resolution determining that $10,750.00 shall be deposited with the Town in lieu of land for park and playground in the subdivision "Papadopoulos and Maragos", located at Southold, New York. Very truly yours, Judith T. Terry Southold Town Clerk cc: Accounting Mr. 6/19/87 Bruer: The attached material may be of in,er. est to you, and is therefore forwarded for your information. From Southold Town Planning Board RK [~;OUTHOLD June 5, 1987 JUN 5 Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York 11971 TELEPHONE (516) 765-1801 Southold Town Planning Board $outhold Town Hall Southold, New York 11971 Gentlemen: The Southold Town Board, at their regular meeting held on June 2, 1987, adopted a resolution determininc3 that $10,750.00 shall be deposited with the Town in lieu of land for park and playground in the subdivision "Papadopoulos and Maragos", located at Southold, New York. Very truly yours, Judith T. Terry Southold Town Clerk cc: Accounting Southold, N.Y. 11971 (516) 765-1938 CERTIFIED MAIL April 29, 1987 Rudolph H. Bruer, esq. Attorney at Law Edson and Bruer Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, April 27, 1987. RESOLVED that the Southold Town Planning Board grant preliminary approval to the major subdivision for Papadopoulos and Maragos located at Kenney's Road, Southold for 5 lots on 14.374 acres, survey dated as amended December 10,1986. The conditions of the February 9, 1987 Planning Board resolution have been completed. Upon receipt of a complete final submission pursuant to Sections A106-43 and A106-24, P~t y~r ~ n t~ RE~flN TO" m on the ~r~ IiM. Failure ~ do this will p~en~ this Rudolph H. Bruer, esq. A~orney at Law E~son and Bruer Main Road Southold, NY 11971 x 6. ~l~mm - 7. om ~ oei~ F6 Farm 3~11, peb. 198~ i;[,~,ertlfled II COD =J E~Tm M~il a "'i'.. C RET1J'RN RECEIF suant to Section hesitate to contact JR., CHAIRMAN 'LANNING BOARD ,.ultze, Secretary Southold, N.Y. 11971 (516) 765-1938 April 23, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: Enclosed is a copy of correspondence received from the Town Clerk with regard to the above mentioned proposal and the fee in lieu of land for park and playground. If you have any questions, please don't hesitate to contact our office. Very truly yours, ENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ]UDITIt T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York 11971 C516) 765-[801 April '23, 1987 Lewis Edson FirSt Towne Realty Main Road Southold, New York 11971 Dear Lewis: The Southold Town Board, at their regular meeting held on April 21, 1987, adopted a resolution engaging your services for the purpose of conducting an appraisal for the subdivision of Papadopoulos and Maragos, located on the easterly side of Kenney's Road, Southold, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes., all in accordance with Section A106-38 E.(e) of the Code of the Town of Southold, Subdivision of Land. For your information, Section A106-38 E.(3) of the Subdivision of Land reads as follows: The Town Board shall determine the amount to be deposited based on the following formula: not less than three thousand dollars ($'3,000.) per gross acre of land that would otherwise be required for recreation purposes or five (5%) percent of the fair market value of the total acreage proposed for subdivision as determined by an independent appraiser retained by the town. When you have completed your appraisal, please file them with this office. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure (map) cc: Planning Board D :LD Y Southold. N,Y. 11971 (516) 765-1938 April 17 ,1987 Mrs. Judith T. Terry Town Clerk Town Hall Southold, NY 11971 Re: Papadopolous and Maragos Dear Mrs. Terry: Transmitted herewith are three surveys for the above mentioned subdivision at Southold. The Planning Board is referring this subdivision to the Town Board pursuant to Section 100-38E(3) for a determination on the amount of money to be deposited with the Town is lieu of land for park and playground. Thank you for your assistance in this matter. If you have any questions, please don't hesitate our office. to contact Very truly yours, ENNETT ORLOWoKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretazy aRC. Diplomate American Board of LAWRENCE A. WALSER, M. D. 222 MANOR pLACE GREENPORT, N. Y. 11944 March 31, 1987 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Dear Sirs: Re: Papadapoulos & Maragos I am writing in reference to the plans for major subdivision in the names of Papadapoulos & Maragos potentially slated for 5 lots on 14 acres located just east of Kenny's Road, and north of Middle Road. I am a resident on Kenny's Road, and I feel that a major subdivision in that area may represent a sig- nificant negative impact on the environmental status of that area. The area contains a large amount of natural wildlife which includes those present on a small fresh pond present in a cluster of trees which is just east of the planned subdivision. A large number of wildlife considered indigenous to the North Fork have frequently been seen there, and I believe may be threatened if the proposed subdivision is allowed to proceed as pIanned. The wiIdlife that have been seen in this area include deer, red fox, Canadian geese, Mal- lard ducks, and hawks. Certainly their existence in this area will be severely threatened if not abolished if building proceeds. Obviously, it appears that I have a vested interest in this, but I am speak- ing more than just from a personal level of interest. Because of my close proximity to this, I am able to observe the natural occurrence of this wiId- life in this area. I am certain that ail the other residents on Kenny's Road would be in agreement with this statement. In addition, although it may make economic sense initially to allow this sort of buiIding on the North Fork at the expense of wildlife consideration, the long-range outlook would become less favorable if the enticing factors that bring peopie here are removed. -2- Certainly, the natura! beauty and wildlife of the land is what brings most people to this area. I therefore urge you to consider the possibility of an environmental impact statement to be performed prior to any consideration on the major subdivision mentioned above. I would go even further to say that I would be w~Iling to personally arrange for this if so required. Thank you for your consideration. Lawrelqce A. Walser, M.D. LAW:mhd LEFFERTSP, EDSON ~UDOLPHH.B~UER April 7, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Papadopoulos and Maragos Dear Mr. Orlowski: We requested that Commonwealth Land Title Insurance Co. research the LILCO easement which runs along the southeasterly side of Lot #3 of the preliminary plan (amended 12/10/86) of Papadopoulos and Maragos. Commonwealth found that the LILCO easement was granted by a court order. The petition and resulting judgment, when filed, constituted the LILCO easement with the same effect as a deed. In the Petition, which was granted by the Hon. Lewis L. Fawcett on the 22nd day of December, 1927, the original grantor of the parcel, Wilfred J. Conway et al., retained the right to "use same in any manner as heretofore, which shall not interfere with said uses of plaintiff [LILCO] for the purposes herein described". In light of the above language, the Planning Board has the right to reserve the 50 foot right of way, 25 ft. of which overlaps the LILCO easement, for future road dedication. Such action, we feel, would not interfere with LILCO's maintenance and use of the utility line and poles. Attached for your review is our correspondence with Commonwealth Land Title Ins. Co. and supporting documents. Please contact me if you have any questions. At this time we ask for your confirmation that the condition imposed upon the preliminary approval granted 2/9/87 has been met, and that this map may now be submitted for your final approval. Very_~ruly yours, Patricia C. Moore, Esq. PCM/df cc: Mr. Argirios Papadopoulos Mr. George Maragos William H. Price, Jr., Esq. ECOMMONWEALTH LAND TITLE INSUI~ANCE COMPANY A Reliance Group Holdings Company 209 W. MAIN STREET, P.O. BOX 419, RIVERHEAD, NEW YORK 11901 EASTERN SUFFOLK: 516-727-7760 March 23, 1987 Edson & Bruer, Esqs. P.O. Box 1059, Main Road Southold, NY 11971 ANDREA RiVE Vice President Branch Manager ROBERT H. GAFFGA Title Officer MARIE~rA JANE FOGARTY Reader AT~I: Rudolph H. Bruer, Esq. RE: Title No. G-621-741-S Papdoupoulos and Maragos Kenneys Road, Southold Dear Mr. Bruer: With reference to the easement enclosed, please find coples of the petitions and court orders which authorized the acquisition. Please advise if this will be sufficient for your purposes or if you wil require any further information. Very truly yours, COMMONWEALTH LAND TI %E INSURANCE COMPANY ROBERT H. GAFFGA ~ / ~/' / ~' Title Officer RH6/jp Enc. TITLE INSURANCE SINCE 1876 ECOMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company 209W. MAIN STREET, P.O. BOX 410, RIVERHEAD, NEW YORK 11901 EASTERN SUFFOLK: 516-727-7760 February 23, 1987 Edson & Bruer, Esqs. Main Road Southold, New York 11971 ANOREA RIVE Vice President Branch Manager ROBERT H. GAFFGA Title Officer MARIETTA JANE FOGARTY Reader Al-tN: Rudolph H. Bruer, Esq. RE: Title No. G-621-741-S Maragos and Papdopolous Kenny's Beach, Southold Dear Mr. Bruer: Enclosed please find diagram of the LILCO easement and right of way filed November 21, 1927 as Map No. 857 under the miscellaneous LILCO maps. Very truly yours, COMMONWEALTH LAND TITLE INSURANCE COMPANY ROBERT H. GAFFGA ~ Title Officer RHG/jD TITLE INSURANCE SINCE 1876 APR 1987 March 26, 1987 Mr. Robert H. Gaffga Title Officer Commonwealth Land Title Ins. 209 W. Main Street P.O. Box 419 Rtverhead, Nrw York 11901 Co. Re: Title No. G-621-741-S Papadopolous and Maragos Kannys Road, Southold Dear Mr. Gaffga~ Thank you very much for your letter and enclosures of March 23, 1987. Since there is no deed or similar document executed by the Conway's, is it your opinion that the petition and resulting Judgment therein, when filed, constituted the LILCO easement that we have been searching for these many months. I would assume that the Judgment has the effect of a deed. Please confirm. My clients and myself appreciate your efforts in this matter. Sincerely, Rudolph H. Bruer RHB/cas cc: W. H. Price, Jr., Esq. COMMONWEALTH LA.ND T TL£ NSURANC£ COMPANY A Reliance Group Holdings Company 209W. MAIN STREET, P.O. BOX 41g, RIVERHEAD, NEW YORK 11901 EASTERN SUFFOLK; 516-727-7760 ANDREA RIVE Vice President Branch Manager ROBERT H. GAFFGA Title Officer March 30, !987 Edson and Bruer, Esqs. Main Road Southold, New York 11971 MARIETTA JANE FOGARTY Reader att: Rudolph H. Bruer Re; Title No. G-621-741-S Papadopotous and Maragos Kennys Road, Southold Dear Mr. Bruer: With respect to your letter of March 26, 1987, please be advised that the court order would consitute the easement and has the similar effect of a deed. Very truly yours, COMMONWEAL]]~ LAND TI TLE INSURANCE COMPANY Title Officer RHG/Ib TITLE iNSURANCE SINCE 1876 T D LD Southold, N.Y. 11971 (516) 765-1938 March 17, 1987 Mrs. Patricia Moore, Esq. Edson and Bruer Attorneys at Law Main Road Southold, NY 11971 RE: Papadopoulos and Maragos Dear Mrs. Moore: In response to your correspondence of March 6, 1987, please let this clarify the Board's resolution on the above subdivision proposal. It was the Board's intent that you could research the LILCO easement to determine if it was proper, or you could choose to locate the 50' right-of-way adjacent t~ and exclusive of, the LILCO easement. We hope this information is helpful to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary D ~LD Southold, N.Y. 11971 (516) 765-1938 March 13, 1987 Mr. Rudolph H. Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopolous and Maragos Dear Mr. Bruer: As per your request, enclosed is a copy of that section of the minutes from the October 20, 1986 meeting with regard to the above mentioned propsoal. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary October 20, 1986 Planning Board Meeting RE: Papadopolous and Maragos 8:15 p.m. Mr. Rudy Bruer,esq. was present for an appointment to discuss the major subdivision of Papadopolous and Maragos located at Kenney's Road, Southold for 5 lots on 14.344 acres. Mr. Papadopolous and Mr. Maragos were also present. Mr. Orlowski indicated that the Board had some questions which is why they requested Mr. Bruer to be present. Mr. Orlowski questioned if there would be a covenant on Lot No. 3 stating no further subdivision. Mr. Bruer stated that he believed there would be one. Mr. Orlowski also questioned if the applicants would be willing to leave a 50' paper road on the map in case of any further subdivision which might have use for a connecting road. Mr. Bruer requested suggestions from the Board as to where it would be located. Mr. Orlowski stated that it could run along the power line or along lot no. 4. Mr. Bruer stated that this would not be a problem, as ~ong as it was not in violation of the easement. Mr. Bruer and Mr. Orlowski agreed that they could not violate the LILCO easement. Mr. Bruer statedlthat there would not be a problem and they would offer it for dedication, at the Town's option whenever they want it. Mr. Orlowski stated that if the map is adjusted to indicate a 50' right-of,way going to the back of the propertyfor future dedication and provide the requested covenants and restrictions, it would be acceptable. Mr. Bruer questioned if the Board wanted the road underneath LILCO powe~lines. Mr. Ward stated that it should be parallel. Mr. Bruer questioned the covenants on no further subdivision and using of the word perpetuity. Mr. Bruer questioned what the Board means by the word in perpetuity. Mr Orlowski stated that the Board means forever. Mr. Bruer, stated that there is a law in the state against perpetuities and he felt that perpetuity would mean subject to the review of this Board or whatever Board sits here in the future in place of this Board. Mr. Orlowski stated that the Board was asking for the covenant and not mandating it. Mr. Bruer stated that he felt that it was not right to dictate what is going to happen to the property today and 100 years from now, he felt that the Town official 100 years now should have right to say what that means. Mr. Orlowski questioned how the covenant would be worded. Mr, Bruer stated that it would be in perpetuity subject to the right of the then Planning Board or its then substitute or equivelant to change that. Mr. Mullen stated that this might be that way anyway. Mr. Bruer stated that while that may be the case he would like that it be spelled out now so that it is not a problem in the future. Mr. Orlowski stated that this was not a problem. The applicant stated that he would like to have the option to farm that land. Mr. Orlowski stated that this was acceptable. Mr. Bruer questioned if his applicant would be doing further subdivision and he replied that he would not. Mr. Bruer questioned the road and what would happen if the road is put in and then the lot has a shortage of frontage and he hoped that the Board would look favorably on any variance that would be required. Mr. Orlowski stated that it would look like it would work out so that this would not be a p~oblem. Papadopoulos and Maragos cont. Page 2 Mr. Orlowski stated that the easement' wo~d only be a right-of,way over the property and it would not affect any lot width. Mr. Bruer questioned if the Board would want it as a right-of-way or an easement. Mr. Tasker, Town Attorney, who was also present, stated that an easement and a right-of,way are the same thing. Mr. Bruer questioned if he could put the easement in the LILCO easment and Mr¥ Tasker stated that~he,~would have to check the LILCO easement agreement. On a motion made by Mr. Edwards, and seconded by Mr. Ward, it was RESOLVED that the Southold Town Planing Board approve the sketch map of the major subdivision of Argirios Papadopoulos and George Maragos located at Kenney's Road, Southold for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to: 1. Covenants and restrictions, stating that there will be no further subdivisin of Lot No. 3, filed in the office of the County Clerk. 2. Revision of the survey to indicate a 50' easement for future dedication to.~the Town parallel to the LILCO easement. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards, Wards March 6, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Papadopoulos and Maragos Dear Mr. Orlowski: We are in receipt of your February 11, 1987 letter preliminary approval of the above subdivision upon the location of the 50' unencumbered right-of-way. conditioning the an examination of It was my understanding that we could research the question of whether the LILCO easement was proper or, in the alternative, our clients could choose to expedite this application by locating the 50-foot right of way adjacent to, and exclusive of, the LILCO easement. Your letter does not make this alternative clear. Please refer to your minutes of the Feb. 9, 1987 hearing. revised resolution is in order. Please advise. I believe a Very truly yours, .., cc~ ~r. Argirio~ Papadopoulo~ T LD Southold, N.Y. 11971 (516) 765-1938 February 11, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: The following actionwas taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board approve the preliminary maps for the major subdivision of Papadopoulos and Maragos located at Kenneys Road, Southold for 5 lots on 14.3 acres, survey dated December 10, 1986, subject to: 1. Examining the location of the 50' unencumbered right-of-way. It was discussed that the proposed right-of-way is half within the existing LILCO right-of-way. However, it was also mentioned that the LILCO easement may be improper. Would you please research this matter and advise the Board as to you findings so we may resolve the location of the 50' right-of-way as requested by the Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LEGAl NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN THAT pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said ~[bwn on the 12th day of January 1987 on the question of tthe following: ~.~ 7:30 p.m. Approval of the /'~reliminary maps for the major subdivision for Papadopoulos and Maragos located at 'Southold in the Town of $outhold, County of Suffolk, State of New York and bound- ed and described as follows: BEGINNING at a point on the Northeasterly side of Ken- ney's Road said point being N~rlh 41°57'50" West, 705.05 fe~!~lore or less, from the in- ters~.~,ion of the northeasterly side 6¥ Kenney'~ ~Road with the nortll.westerly side of Middle Road (CR 48), said point also being the southerly corner of the within described premises; rum ning thence from said poinl of beginning, and along the north- easterly side of Kenney's Road, North 41°47'50" West, 886.09 feet to a point and land now or formerly of Conway; thence along said land now or former- ly of Conway North 46037'30'' East, 701.24 feet to a point and land now or formerly of Venetis; thence along said land now or formerly of Venetis, South 42o40'20'' East, 886.35 feet to a point and land now or former- ly of Levine; thence along said land now or formerly of Levine and land now or formerly of Donahue the following two (2) courses and distances: {1) South 46°38 ~50' West, 360.62 feet; (2) South 46°37'10'' West, 351,56 feet to the northeasterly side of Kenney's Road at the point or ~plaee of BEGINNING. 7:45 p.m. Approval of the minor subdivision of Kenneth and Margaret Strachen located at Orient, in the Town of Southold, County of'Suffolk, State of New York, and bound- ed and described as follows: Parcel 1: BEGINNING at a stake s~t in the southerly side of King S~t, which said point is the.~.n~th- east corner of land nol~or formerly of O~tster'~ls Historical Soci~'~[0d fl~l~aid point of beginning r~'nning thence South 22o17'40'' East along the easterly side of land now or formerly of Oyster Ponds Historical Society 223.81 feet to a stake; thence South 66°57'40" East still along the easterly side of land now or formerly of Oyster Ponds Hi storical Society 65.80 feet to a concrete monument and the northeast corner of land now or formerly of G.R. Latham; thence along the easterly and northerly lines of land now or formerly of G.R. Latham the following four (4) courses and distances: (1) South 9044'50'' East 299.48 feet to a monument; (2) South 36 °15 ~00' East 249.83 feet to a monument;O) South 54~23 ~50' East 143.41 feet to a monument; (4) North 62 '15 '20 ' East 260.11 feet to land now or formerly of F.E. Douglas; thence North 26022'30'' West along land now or formerly of F.£. Douglas 916.73 feet to the southerlyside of King Street; thence along the southerly side of King Street the following two (2I courses and distances; (1) Suuth 7F~I6'40'' West 238.99 feet; (2) South 45°52'00' West 78.67 lect to the poim or place ol BEGINNING. COUNIYOFSU[FOLK ss: STA]EOF NEW YORK Pat~icia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed cop,/, has been published in said Long Island [ravfile~ Watchman once each week for. ..................... weeks successively, commencing on the da(ol .......... ..... 19 Swoln 1o befl2~e me this ' day ol Notary Public Parcel Il: BEGINNING at a concrete monument set on the southeaslerly line of King Street al the westerly corner of land of Oyster Ponds Historical Socie- t> and running along said land, LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT pursuant to Section 276 of the Town Law, public hear- ings will be held by the Southo]d Town Planning Board at the Town Hall, Main Road, South- old, New York in said Town on the 12th day of January 1987 on the question of the fo]lowing: p.m. Approval of the pre- 7:30 liminary maps for the major sub- '~'~division for Papadopoulos and --Maragos located at Southold in the Town of Southold, County of Suffolk, State of New York and bounded and described as fol- }ows: BEGINNING at a point on the Northeasterly side of Kenney's Road said point being North 41°57'50" West, 705.05 feet, more or less, from the intersec- tion of the northeasterly side of Kenney's ~. Wigh 'the north- westerly sideCot Middle Road (CR 48), said point also }~eing the ~outherly corner of the within de~ribed premises; running thence from said point of begin- ning, and along the northeas- terly side of Kenney's Road, North 41°4T50' West, 886.09 feet to a point and land now or formerly of Conway; thence along said land now or formerly of Conway North 46°37'30" East, 701.24 feet to a point and land now or formerly of Venetis; thence along said land now or formerly of Venetis, South 42°40'20" East, 886.35 feet to a point and land now or formerly ~f Levine; thence along said land sow or formerly of Levine and land now or formerly of Donahue the following two (2) courses and tistances: (1) South 46°38'50" West, 360.62 feet; (2) South 46°37'10'' West, 351.56 feet to the northeasterly side of Ken- ney's Road at the point or place of BEGINNING. 7:45 p.m. Approval of the minor subdivision of Kenneth and Margaret Strachen located at Orient, in the Town of South- old, County of Suffolk, State of New York, and bounded and de- scribed as follows: Parcel I: BEGINNING at a stake set in the southerly side of King Street, which said point is the northeast corner of land now or formerly of Oyster Ponds Histor- ical Society and from said point of beginning running thence South 22°17'40" East along the easterly side of land now or for- merly of Oyster Ponds Historical Society 223,81 feet to a stake; thence South 66°57'40" East still along the easterly side of land now or formerly of Oyster Ponds Historical Society 65.80 feet to a concrete monument and the northeast corner of land now or formerly of G.R. Latham; thence along the easterly and northerly lines of land now or formerly of G,R. Latham the following four (4) courses and distances: Il) South 9044'50'' East 299A8 feet to a monument; (2) South 36°15'00'' East 249.83 feet to a monument; (31 South 54023'50'' East 143.41 feet to a monument; (4) North 62015'20'' East 260.11 feet to land now or lbrmerly of F.E. Douglas 916.73 feet to the southerly side of King Street; thence along the southerly side of King Street the following two (2) courses and distances: (1) South 71°46'40" West 238.99 feet; (-2) South 45°52'00" West 78.67 feet to the point or place of BEGINNING. Parcel II: BEGI1WNI~G at a concrete monument asr on the southeas- terly line of King Street at the westerly comer of land of Oyster Ponds Historical Society and running along said land, two courses as follows: (1) South 49°29'40'' East-230 feet; (2) North 52°26'30'' East, 317.16 feet to other land four courses as follows: (1) South 8°28'40" East 299.48 feet (2) South 34°58'50" East 249.83 feet; (3) South 56°35'50" East 148.16 feet (4) North 63031'30'' East, 250.11 feet to land of Frances E. Doug- las; thence along said land of Fr- ances E. Douglas South 38022'10'' East 348.23 feet to land conveyed or to be conveyed by the party of the first part to Mary - Louise L. Blank; thence along the last mentioned land, South 51°3T50'' West 460 feet more or less to the ordinary high water mark of Orient Bay; thence northwesterly along said ordinary high water mark 1250 feet more or less to said south- easterly line of King Street; thence along said line of King Street North 34°04'40" East 280 feet more or less to the point of BEGINNING. Containing 16.4 An~ ~erson desiring to be heard on the above matter should appear at the time and place above specified. Dated: December 22, 1986 BY ORDER OF THE SOUTHOLD TOWN pLANNING BOARD BENNETt ORLOWSKI, JR., (~HAIRMAN 1TJ8-5462 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Carol Sqarlata ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which tha annexed is a printed copy, has been regularly published in said Newspaper once sach week for°ne weeks successively, commencing on the R dayof January 19 87 ~' /PHr~Ci~a~ Clerk Sworn to~-~efore me this DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Peter F. COHALAN SUFFOLK COUNTY EXECUTIVE 1987 LEE: E. KOPPELMAN DIRECTOR OF F~LANNING December 24, 1986 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Argirios Papadopoulos and George Maragos Northeasterly side of Kenneys Road 705.05 feet northwesterly from Middle Road, (C.R. 48), Southold. Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Con~nission. Very truly yours, Lee E. Koppelman Director of Planning by L~.-I~¢~/~:c .~ Charles G. Lind, Chief Planner Subdivision Review Section Note: Final map should be referred to the Commission to be sure that there has been no jurisdictional change in the interim. File: 1333-NJ-86-64 CGL:gcc Encl.: Map November 26, 1986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: subdivision for Papadopoulos Dear Sirs: Enclosed please find revised the requirement listed as #2 is enclosed). Please advise. Sincerely, Encs. and Maragos map in the above matter. Does this meet in your letter of 10/23/86 (copy of which Southold, N.Y. 11971 (516) 765-1938 D LD Y October 23, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold,NY 11971 Re: Argirios Papadopoulos and George Maragos Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, October 20, 1986. RESOVLED that the Southold Town Planning Board approve the sketch map of the major subdivision of Argirios Papadopou!os and George Maragos located at Kenney's Road, Southold for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to : e Covenants and restriction~ stating that there will no further subdivision of Lot No. 3, filing in the office of the County Clerk. 2. Revision of the survey to for future dedication to the easement. indicate a 50' Town parallel easement to the LILCO Prior to filing the above requested declaration, would you please forward a draft to our office so we may have the Town Attorney review it. Upon receipt of the draft declaration and 12 amended surveys in accordance with the above conditions, we will schedule a public hearing on this matter. Please note, the revision can be made on the preliminary maps. If you have any questions, please don't hesitate to contact our office. LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 12thday of January 1986 on the question of the following: · 7:30 p.m. Approval of the preliminary maps for the major subdivision for Papadopoulos and Maragos located at Southold in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road said point being North 41057'50'' West, 705.05 feet, more or less, frm the intersection of the northeasterly side of Kenney's Raod with the northwesterly side of Middle Road (CR 48), said point also being the southerly corner of the within described premises; running thence from said point of beginning, and along the northeasterl side of Kenney's Road, North 41o47'50'' West, 886.09 feet to a point and land now or formerly of Conway; thence along said land now or formerly of Conway North 46037'30'' East, 701.24 feet to a point and land now or formerly of Venetis; thence along said land now or formerly of Venetis, South 42040'20'' East, 886.35 feet to apoint and land now or formerly of Levine; thence along said land now or formerly of Levine and land now or formerly of Donahue the following two (2) courses and distances: (1) South 46038'50'' West, 360.62 feet; (2) South 46°37'10TM West, 351.56 feet to the northeasterly side of Kenney's Road at the point or place of BEGINNING. 7:45 p.m. Approval of the minor subdivison of ~ennt~h--a~d Margaret S~-rae~en located aG%Orient, in the Town of Southold, County of Suffolk, State of New York, and bounded and described as follows: Parcel I: BEGINNING at a stake set in the southerly side of King Street, whic said piont is the northeast corner of land now or formerly of Oyster Ponds Historical Society and from said point of beginning running thence South 22017'40'' East along the asterly side of land now or formerly of Oyster Ponds Historical Society 223.81 feet to a stake; thence South 66057'40'' East still along the eaterly side of land now or formerly of Oyster Ponds Historical Society 65.80 feet to a concrete monument and the northeast corner of land now or formerly of G.R. Latham; thence along the easterly and northerly lines of land now or formerly of G.R. Latham the following four (4) courses and distances: (1) South 9o44'50'' East 299.48 feet to a monument; (2) South 36015'00'' EAst 249.83 feet to a monument; (3) South 54023'50'' East 143.41 feet to a monument; (4) North 62o15'20'' EAst 260.11 feet to land now or formerly of F.E. Douglas; thence North 26022'30'' West alond land now formerly of F.E. Douglas 9.6.73 feet to the southerlyside of King Street; thence along the southerly side of King Street the following two (2) (1) South 71046'40'' West 238.99 feet; (2) feet to the point of place of BEGINNING. Parcel II: BEGINNING courses and distances: South 45052'00'' West 78.67 at a concrete monument set on the southeasterly line of King Street at the westerly corner of land of Oyster POnds Historical Society and running along said land, two courses as follows: (1) South 49029'40'' East 230 feet; feet to other land four courses 299.48 feet (2) South 34058'50'' (2) North 52026'30'' East, 317.16 as follows: (1) South 8028'40" East East 249.83 feet; (3) South 56035'50'' East 148.16 feet (4) North 63031'30'' East, 250.11 feet to land of Frances E. Douglass; thence along said lnd of Frances E. Douglas South 38°22'10'' East 348.23 feet to land conveyed or to be conveyed by the party of the first part to Mary - Louise L. Blank; thance along the last mentioned land, South 51037'50'' West 460 feet more or less to the ordinary high water makr of Orient Bay; thence northwest along said ordinary high water mark 1250 feet more or less to said southeasterly line of King Street; thence along saidline of King Street North 34004'40'' East 280 feet more or less to the point of BEGINNING. Containing 16.4 acres ±. Any person desiring to be heard on thea bove matter should at the time and p~lce above specified. appear Dated: December 22~ 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time on January 8, .~1~86 and forward two (2) affidavits of publication to the Southold Town Planning Board, Town Hall, Southold, NY 11971 Copies delivered to the following: Rudy Bruer, esq. for Papadopoulos and Maragos Kenneth Strachan, applicant Suffolk Times (hand delivered) LI Traveler Watchman (hand delivered) Supervisor Francis J. Murphy T LD Southold, N.Y. 11971 (516) 765-1938 December 23, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: The following action was taken by the Soutohld Town Planning Board, Monday, December 22, 1986. RESOLVED that the Southold Town Planning Board set Monday, January 12, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the preliminary maps for the major subdivision to be known as Papadopoulos and Maragos located at Kenney's Road, Southold. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRM3%N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER December 29, 1986 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold Main Street Southold, New York 11971 Dear Mr. Orlowski: I am forwarding to you a report on the Papadopoulos and Maragos subdivision which you had requested. This report was prepared by Allan S. Connell, District Conservationist with the USDA Soil Conservation Service. I am sure you will find it helpful in arriving at your decisions. \ If you need any further information, please contact me. Very truly yours, Stanley A-~ Pauzer, District Manager 127 EAST MAIN STREET RIVERHEAD, NEW YORK I 1901 (516) 727 2315 United States Soil Department of Conservation Agriculture Service 127 East Main Street Riverhead, New York 11901 December 29, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan: I have reviewed the preliminary plans for the Papadopoulos and Maragos subdivision at your request. My cormnents are based upon an onsite investigation of the site and review of the plan map submitted. Soil Data and Interpretations: The site, outlined in red on the enclosed soil survey sheet, is comprised of two soil types. Riverhead sandy loam (RdA) has slight limitations for the intended use. The steeper sloping area mapped Riverhead (RdB) is proposed to be left as open space. The entire site is currently covered with annual and perennial weeds. I would recormmend that the town require that all open space areas be planted to permanent grass if these areas are not to be used for agricultural purposes. Our office can give specific recommendations depending upon the proposed land use. A small portion of the property is mapped Montauk fine sandy loam (MfB) in the southwest corner of the property within lots 4 and 5. This soil has a distinct restrictive layer known as a fragipan between 27-60 inches. The test hole data shows the fragipan to be at a depth of 5 feet - 14 feet. This restrictive layer causes problems for septic tank absorption fields. The typical disposal field will be prone to failure due to the very slow permeability of the soil. It may be possible to locate the disposal fields outside of the Montauk soil. I would recommend that some onsite investigations be conducted to locate the septic systems within the Riverhead soil. The low area, located along the eastern edge of lots 4 and 5 should also be avoided. Storm Water Management: Runoff from the entire site flows in a northward direction. The north edge of the property is higher than the rest of the field due to past farming practices. There- fore water moves west along the access road where it ponds temporarily and then flows onto Kennys Road. It continues north down Kennys road where it spills into a natural drainageway on the west side of the road. The low area located in the southeast corner of the property appears to pond runoff water during intense storms. It seems as if the runoff eventually overflows and moves northward through the open space to the north end of the property. Mr. Stanley A. Pauzer - 2 - December 29, 1986 Runoff also travels along the east side of Kennys Road. I would recorr~end that a properly-sized swale ditch be excavated along the road and planted te the following grass mixture: Lbs. Per 1000 Sq. Ft. 0.45 Lbs Red Fescue 0.45 Lbs Tall Fescue 0.10 Lbs Redtop 1.0 Lb Rye (Fall Seeding) 1.0 Lb Oats (Spring Seeding) Mulch the ditch with straw or hay at 2-3 bales per 1000 square feet inmaediately after seeding. Properly s~zed culvert pipes will be necessary under all drive- ways crossing the ditch. If I may be of further assistance with this project please let me know. Sincerely, Allan S. Connell, District Conservationist PLANTS FOR CONSERVATION IN THE NORTHEAST USDA - SOIL CONSERVATION SERVICE CONSERVATION PLANT SHEET NE-8 RED FESCUE (Festuca rubra L.) Uses: This grass is used as a turf for lawns, athletic fields, golf courses, and playgrounds. It is an excellent soil binder and used ex- tensively for stabilizing wateFways, slopes, banks, cuts, and fills. It is also used as a cover crop in orchards. Description: Red fescue occurs in two forms, creeping and bunch-type. Creeping red fes- cue spreads by short under- ground stems that make a tight uniform sod. Chewings fescue is tufted and spreads by de - veloping new shoots. Leaves of red fescue are bright green, wiry, and narrow. They are pressed together in V shape and appear nearly round. Stems are usually bent at the reddish or purplish base and grow about 2 feet tall. Panicle seedhead is contracted or narrow. Varieties: Improved varieties of red fescue in the Northeast region are Illahee and Pennlawn. Uncommon varieties are Rainier, Golfrood, Trinity, Clatsop (Oregon), Duraturf (Canada), Olds (Canada), and Jamestown (Rhode Island). Pennlawn and Illahee are superior varieties for the Northeast. No improved varieties of Chewings fescue are on the market. Sources: The common varieties are readily available from com- mercial sources. Adaptation: This grass is hardy, wear - resistant, and shade tolerant. It is drought- resistant after establishment, R6d fescue and adapted to sandy and acid soils. It -2- prefers well-drained soils, but requires ample moisture for establish- ment. Its prime area of use in the Northeast is New York, Ohio, West Virginia, Pennsylvania, and the New England States. In the other states of the Northeast region, the grass is adapted to the cooler zones. In areas of high temperatures and humidity, the grass may turn brown or deteriorate during the summer. It will generally recover in the fall when temperature and moisture conditions are more favorable. Establishment: Red fescue is rarely seeded in pure stands. It is used, instead, with grasses and legumes for specific purposes, such as for lawns, erosion control, or recreational areas. Seedbed preparation, fertilizing, liming, rate and dates of seeding, and weed control re- quirements are generally governed by the companion grasses in the mix- ture. When red fescues are added to a mixture they usually constitute 25 to 60 percent of the mixture by weight. In shaded areas, red fescue is often the key grass in the mixture. M~nagement: To maintain stand vigor and density on lawns and recreational areas, apply fer - tilizers annually. For critical erosion areas, less frequent use of fertilizers may be satis factory. When red fescue domi- nates a stand, mowing con - sistently below 1-1/2 inches can cause severe damage to the stand. ZONE OF PRINCIPAL ADAPTATION IN THE NORTHEAST ~ Red Fescue PLANTS FOR CONSERVATION IN THE NORTHEAST USDA - SOIL CONSERVATION SERVICE CO:;SE!',VATION PLANT SHEET NE-3 TALL FESCUE (Festuca arundinacea, Schreb.) Us~: Tall fescue is used for pastures, hay, crop rotations, recreational areas, and stabilization of waterways, slopes, banks, cuts, fills, and spoils. Foliage is eaten by geese, deer, and cottontailed rabbits. The plant also provides nesting and fall and winter cover for birds. Descriotion: Tall fescue is an introduction from Europe. It is a robust, long-liVed, deep-rooted, bunchy grass often with short rhizomes. Stems are 3 ~o 4 feet tall, erect, ann smooth. Leaves are broad, flat, generally smooth on tile underside, and ribbed on the upper side. Head is a nodding panicle from 4 to 12 inches long. Varieties: There are two well-known varieties -- Kentucky 31 and Alta. These are very similar and neither superior to the other except as affected by local environment. Kentucky 31 is usually used as standard in the Northeast. Kenwell is a variety release from Kentucky promising / more palatability and disease re - \ ~. sistance than either Kentucky 31 or ~ \ ~ Sources: Kentucky 31 and Alta varieties are readily available from commercial seed dealers. The suppiy of Kenwell is limited at the present time. ~: This plant is adapted range of climatic condi - tions. It is affected more by moisture than temperature. It pro- duces topgrowth when soil tempera - ture is as low as 40°F. It tolerants a pH range of 3.0 to 8.0, but does best at 6.0 to 7.0. It grows best on fine to medium tex - tured soils. It will grow on shal- low and claypan soils if they are moist. Establishment: Drill at depths of about 3/4 inch on a well - prepared, weed- ~Fee, firm seedbed. Hydraulic seeding or broadcasting may be necessary on critical areas. Seeding rates vary from lO to 15 pounds per acre for pasture and hay to 50 to 60 pounds per acre on critical areas. For lawns and recrea- tional areas, the seeding rates may be as high as 250 pounds per acre. Plant in early spring as soon as soil conditions permit or from middle of August to early September. In some areas, late September or October seedings may be satisfactory. Apply lime and fertilizer according to test for establishment. Legumes may be added for hay or pasture, but are difficult to maintain in tall fescue stands owing to the aggressive growth of this grass. ~ana~ement: Maintain fertility by applying fertilizers based on soil tests. Graze in the spring when the plant is about 8 inches high or between the boot to early head stage. For hay or silage, cut between boot and early head stage. Later harvests give lower quality forage. On critical areas, mowing is desirable. Tall fescue tends to get clumpy on critical areas if net mowed at least once ve'ry 2 years. ZONE OF PRINCIPAL ADAPTATION IN THE NORTHE.aST ........... · '.~?.:,2:..:.:...~.~. Regional Technical Service Center Upper Darby, Pennsylvania April 1969 PLANTS FOR CONSERVATION tN THE NOIIT~tEAS[ USDA - SOIL CONSERVATION SERV[CE CONSERVATION PLANT SHEET NE-9 REDTIhP (Agrostis alba L.) Uses: in turf seedings, and occasionally for hay. It is often used for stabilizing critical areas, such as ditch and channel banks, strip mine spoils, and grassed waterways. Descriptio~n: Redtop is a rhizomatous perennial grass that makes a coarse but fairly dense turf. Leaves are nar- row and sharp and about 3/8 inch wide. The stemS are slender, growing to 30 or 40 inches tall. Heads are py - ramidal and reddish in color-- hence the common name of red- top. Varieties: No improved se - Tection~--or varieties of this grass have been developed. Only common redtop is used. Sources: Redtop seed is rea-~ available in the com - mercial market. Redtop is used for erosion control, pastures, temporary qrass Ad_a t~!on: Redtop is wide - ~read i-~-the Northeast. It does better in the humid North than in the warmer' climates of the southern portions. It will grow under a wide variety of soil and moisture conditions. It seems no other grass will toleraL(t so great a variety of conditions as this grass. It grows on very acid soils and poor clayey soils of low fertility. )t is drought-resist,mL and is also a wetland grass. Establishment: Because of its small seed, redtop should have a compact, ~-~ seedbed. It may be sown in early -pring or late sum~.r. Seeding depth is ~/4 inch. Redtop is seldom ever seeded alone excel~l,, -2- on occasion, for temporary or soil-conserving turf. Rates of seeding will vary depending upon purpose, and whether seeded alone or in mi×- tures. When used for erosion control on critical areas, fertilizing is essential to give rapid cover. In mixtures, rates of 3 to 5 pounds per acre are generally used. For pure stands, seeding rat~s are from lO to 30 pounds per acre. The high rates are used for critical area stabil ization. ~~t: Redtop is generally regarded as a poor land grass, but it will respond to fertilizer and li,~. It does not withstand continuous close grazing. It will also disappear under fre - quent close mowing. It will per- sist longer on critical areas since the grass is not often har- yes ted. ZONE OF PRINCIPAL ADAPTATION IN THE , ,~.~.i!:-i::~ NORTHEAST .v...> ?' . ~f.:.. ~:,~...,-.,~., .Z~ Hedtop SOUTHOLD TOWN - Sub~ision, ~adopoulos and Marago Riverhead Soils~'~RdA~ RdB~ RdC). Riverhead soils are deep, well drained, moderately coarse-textured soils that formed in a layer of sandy loam or fine sandy loam over thick layers of coarse sand and ~ravel. The texture from 0 - 32 inches is sandy loam and fine sandy loam. Sand, loamy sand, gravelly sand and gravelly loamy sand is found at depths of 32 - 65 inches. The permeability is moderately rapid in the root zone (surface layer and subsoil) and very rapid in the underlaying layer. Riverhead soils have moderata to high available moisture capacities (see attached table). Natural internal drainage is good, but in many places where these soils have been farmed a plowpan has formed. These soils have low organic matter contents and low natural supply of plant nutrients, but crops respond well to lime and fertilizer. Generally, these soils are well suited to crops commonly grown in Suffolk County. RdA Riverhead sandy loam: 0 to 3 percent slopes. Areas of these soils are usually large and uniform and nearly level with some areas of undulating slopes. The erosion hazard is slight. Moderate droughtiness somewhat limits plant growth unless irrigation water is ap- plied. Returning crop residue to the soil and growing winter cover crops help to protect the surface layer from wind and water damage. The addition of this organic matter also improves the available moisture holding capa- city of the surface layer. RdB Riverhead sandy loam~ 3 - 8 percent slopes. Most small deposits of this soil have moderately short slopes~ but large areas are undulating. Cultivated areas are 2 - 3 inches shallower to coarse sand and gravel than the representative Riverhead soil because of past erosion. The erosion hazard is slight to moderate. Keeping cover crops on the soil in winter and returning crop residue will help to pro- tect exposed areas from ~B-flon. Diverting runoff water from higher areas also helps to reduce erosion damage. Irrigation water can be applied at a moderate rate. MfB Montauk fine sandy loamy 3 to 8 percent slopes. Deep, gently sloping, well to moderately well drained, low lime, sandy loam soil formed in sandy loam materials over till. It has a firm fragipan at a depth of 24 to 36 inches. Available water capacity is moderate to high. Permeability is moderately slow. Southold, N.Y. 11971 (516) 765-1938 /5, Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - 12th Flr. Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: p~ We are hereby submitting the preliminary subdivision map of ~C~C~DC~77Q~Ck/~O~ located inO~~~ to you fo} your commen~s. ~ This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 1333, Article XIII of the Suffolk County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: ](~ ~q ~ J7 Materials submitted: Preliminary Map (3 copies) ~ ; Topographic Map (1 copy) Drainage Plan (1 copy) ; Street Profiles (1 copy) ; Proposed Grading Plan 1 copy) Other materials (specify and give number of copies) Comments: Very truly yours, Bennett Orlowski, Jr., Chairman Southold Town Planning Board T LD Y Southold, N.Y. 11971 (516) 765-1938 December 15, 1986 Mr. Raymond Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 RE: Major subdivision for Papadopoulos and Maragos Dear Mr. Jacobs: Enclosed is a subdivision proposal for the above mentioned located at Kenney's Road, Southold. Would you please review this survey and advise us of any recommendations or comments you may have. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 December 15, 1986 Stanley Pauzer, Manager Sufoflk County Soil and Water Conservation 127E. Main Street Riverhead, NY 11901 Re: Major subdivision for Papadopoulos and Maragos Dear Mr. Pauzer: Enclosed is a subdivision survey for Papadopoulos and Maragos located at Kenney's Road, Southold. Would you please review this proposal and send us any comments or recommendations which you may have with regard to drainage. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWS~KI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. December 11, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed major subdivision of Papadopoulos & Maragos Southold, New York Dear Sirs: Pursuant to your your letter of October 23, 1986, we enclose herewith the following: 1. Proposed Covenants and Restrictions, stating no further subdivision of Lot No. 3. 2. 12 prints of amended survey. Kindly schedule the preliminary hearing at your earliest possible meeting date. Sincerely, Ru~o±pn H.!Bruer- ~.~ RHB/df cc: Robert W. Tasker, Esq. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 19 , by ARGIRIOS PAPADOPOULOS, residing at 154-11 28th Avenue, Flushing, N.Y. 11354, and GEORGE MARAGOS, residing at 248 Todt Hill Road, Staten Island, N.Y. 10314, hereinafter referred to as "Declarants" W I T N E S S E T H : WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Southold, Town of Southold, County of Suffolk and State of New York, containing 14.374 acres, and designated on the Suffolk County Tax Map as District 1000, Section 059, Block 03 and Lot 17; being the same premises conveyed to Declarants by deed dated February 9, 1985, recorded in the Suffolk County Clerk's Office on February 28, 1985, in Liber 9743 page 537, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. Lot No. 3 as shown and designated on the subdivision map entitled "Subdivision Map made for Argirios Papadopoulos and George Maragos at Southold, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office, shall not be further subdivided. This covenant will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and said map is accepted by and filed with the Suffolk County Clerk. 2. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity, except with the permission of the Southold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such coveneants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. Argirios Papadopoulos George Maragos STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) On the day of to me known to be the foregoing instrument, SS.: , 1986, before me personally came individuals described in and who executed the and acknowledged that they executed the same. Notary Public Southold, N.Y. 11971 (516) 765-1938 October 23, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold,NY 11971 Re: Argirios Papadopoulos and George Maragos Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, October 20, 1986. RESOVLED that the Southold Town Planning Board approve the sketch map of the major subdivision of Argirios Papadopoulos and George Maragos located at Kenney's Road, Southold for 5 lots on 14.374 acres, survey dated February 11, 1985 subject to : 1. Covenants and restriction% stating that there will be no further subdivision of Lot No. 3, filing in the office of the County Clerk. 2. Revision of the survey to indicate a 50' easement for future dedication to the Town parallel to the LILCO easement. Prior to filing the above requested declaration, would you please forward a draft to our office so we may have the Town Attorney review it. Upon receipt of the draft declaration and 12 amended surveys in accordance with the above conditions, we will schedule a public hearing on this matter. Please note, the revision can be made on the preliminary maps. If you have any questions, please don't hesitate to contact our office. Rudy Bruer Page 2 10/23/86 Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary P, T ~IIL D S~i~ Southold, N.Y. 11971 (516) 765-1938 October 9, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopolous and Maragos Dear Mr. Bruer: Please let this confirm my conversation with Diana, of your office, on this date. The Planning Board has made a review of the above mentioned proposal. It was the consensus of the Board to schedule an appointment for you to discuss this matter with them at the October 20, 1986 Board meeting. If this date is convenient for you, we will schedule a time and advise you of same. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary SEP 9 APPLICATION FOR APPROVAL OF PLAT To the Planning Board o£ the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rnles and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .S..n.b..c.].J:.v..i.~.i.o..n...~.o?...~..~.9.r..i.r.J:..o.s.. ?..a?..a.d.o.?.o..u.lo$ and George Maragos 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liher ..... .9.2.4.3. ............. Page ..... 5..3.7. ............. On 2/28/85 Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... as devised under the last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is ....1.4. :.3.73 ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .N.QU-a .... 7.The land is encumbered by . ..O.n..e ....................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber ...1.0..6.3. Q ..... Page .... 4.2.7 ........... in original amount of $.1..0.5.~ .0.0.9 .... unpaid amount $ .... 8. Q,.0.9.Q ......... held by .~.9.r. cj.u.q.r.i:'9.~...R.:..C, onway Mary E,..Coa~w.ay... address .I¢. 97..t.°..~.'.s...L. 9.~..e.,.. ~.qg.~.139.]:.d.,...N..e.~...Y.o. ~.~....~ ~.9. 7.Z. ...... (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. nnpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There arc no other encumbrances or liens against the land except LIE, CO easement. 9. The land lies in the following zoning use districts ."../k."...-...R.o..~.J: .d.e.n..'c.J:9.]: ./.~.g.r. Jr.?.u..]_?..ural 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept n / a 11. The applicant shall at his expense install all required public improvements. 12. The land (lt~rSl) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if xvithin a District, is ............................................................. 13. Water mains will be laid by ...... n.. [.a. ................................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by and (a) (no) charge xvill be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold ttighway system, annex Schednle "C" hereto to show same. Soo a~c~cached 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shoxvs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Laxv. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required lmblic improve~nents will be $...n.Q.n.~.. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ...n.[~ ....... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schednle "F". ARGIRIOS PAPADOPOULOS DATE .... .S.e.p.t..e.m.b..e.r...9. ........... 19.. 86 GEORGE MARAGOS (Name of A~pli~ant) (Sigr~thre andFJTitle) Rudolph H. Bruer Attorney for Applicant ~4.a.$n..R.Q~.d. ,...P...Q:...B.o..x..1..4.6. ~.,...S.Q.u.L.h.Q~d, NY (Address) STATE OF NEW YORK, COUNTY OF ..... .S.U.F..F.O.~.K. .................. ss: On the ....... .9..t.h. ...... day of ....... .S.e.p.t..e.m.b..e.r. .......... 19.8. ~3 ....before me personally came ....... .R.u..d.o..lp.h...H.:...B.r.u..e.r. ............. to me knoxvn to be the individual described in and who executed the foregoing instrument, and acknoxvledged that ....h.e. ...... executed the same. N;~' P'u~Yi~ - ~7'" '~'v' '~',i~'f 'r~i(. .......... ~OTARY pUBlIC, State et ~lew y~rk No. 52-46552~2, SUBO~k Com:~ I~omm ssion ~g~fes ~at¢~ 30, I~"~ STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ...................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No .................................................... ............................... that .......................... is the .......... .................. of ........................................................................ the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road, said point being North 41° 57' 50" West, 705.05 feet, more or less, from the intersection of the northeasterly side of Kenney's Road with the northwesterly side of Middle Road (C.R. 48), said point also being the southerly corner of the within described premises; RUNNING THENCE from said point of beginning, and along the northeasterly side of Kenney's Road, North 41© 57' 50" West, 886.09 feet to a point and land now or formerly of Conway; THENCE along said land now or formerly of Conway North 46° 37' 30" East, 701.24 feet to a point and land now or formerly of Venetis; THENCE along said land now or formerly of Venetis South 42© 40' 20" East, 886.35 feet to a point and land now or formerly of Levine; THENCE along said land now or formerly of Levine and land now or formerly of Donahue the following two (2) courses and distances: (1) South 46© 38' 50" West, 360.62 feet; (2) South 46° 37' 10" West, 351.56 feet to the northeasterly side of Kenney's Road at the point or place of BEGINNING. SCHEDULE "A" September 8, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, New York Dear Sirs: with reference to the above referenced proposed subdivision, we enclose herewith the following, on behalf of our clients, Argirios Papadopoulos and George Maragos: 1. Application for approval of preliminary plan duplicate. 2. Application fee in the form of our check, payable to Town of Southold, in the sum of $125.00. 3. Twelve (12) paper prints of the preliminary plan. 4. Short Environmental Assessment Form, Part I completed 5. Form letter re drainage, grading and road construction. 6. Copy of survey endorsed with the approval of the Suffolk County Department of Health Services. We specifically request that you coordinate a SEQRA Review with the DEC and issue your determination. The Suffolk County Department of Health has in fact issued their negative declaration by approving the subdivision map. Please be advised that our clients knowingly waive their rights to utilize the procedure of sketch plan approval. We request that this preliminary application be set for public hearing at the earliest possible date. Rudo/l'ph Hi Bruer RHB/df cc: Mr. Argirios Papadopoulos Mr. George Maragos 1~-1~4 (9[84) PART I ' IPROJECT LD. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~' Project Information (To be completed by Applicant or Project sponso~E~) (~ '~C~ 2. Project Name Subdivision for PaDadoDolou~/Maraqos Rudolph H. Bruer, Esqs. 3. Project location: Kenney' s Road Municipality Southold CounW Suffolk E~[ New [] Expansion [] Modification/alteration Subdivision of 14.374 acre parcel creating five (5) 24 acre lots - See attached Survey - Initially 14. 374 acres Ultimately 14. 374 acres Yes [] No If No, describe briefly [] Residential [] Industrial [] Comme,cial [] Agriculture [] Parkland/open space [] Other 10 Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state ot local)? [] Yes [] No If yes, list agency(s) and permit/approvals Town of Southold - Approval of Subdivision [] Yes [] No If '/es, list agency name and permiUapproval type APProval of sed propo Suffolk County Department of Health Services-arrangements for water supply and sewage disposal 12 AS cesult of proposed action will existing permit/approval require modification~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF MY KNOWLEDGE Rudolph H, Bruer 9/9/86 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Par[ 617.127 If yes, coordinate the review process and use [he FULL/LONG FORM EAF. [] Ye, [] No C2. His o c, archeologica, v sua or aesthetic, or o her natural or cultu a esou cas'. agricultural districts', or community or neighborhood character? Explain briefly C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Exprain briefly. C6. Secondary, cumulative, or other effects not iden[ified in C1~6f Explain briefly. C7. ^ change m use of either quan y or type of energyf Explain briefly. PART Ill Determination of Significance CTo he completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL~ NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: APPLICATION FOR APPROVAL OF PLAT To the Planning Board of tile Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Towu Law and tile Rules and Regnlations of the Southohl Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be Subd£v±s±on for ArcJ±r±os Papadopoulos and George Maragos 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... 9743 Page 537 On 2/28/85 Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On as devised under the Last Will and Testament of ....................................... or as distributee s. the area of the land is :.3.7.4 ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .~q.Q~-~ .... 7. The land is encumbered by ...O.n.? ....................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber . . .1.0. .6.} 0. ..... Page....~.57 ........... in original amount of $3.95,. 9.0.9 .... unpaid amount $ ....8. Q~.QOQ ......... held by ~.a.r. cj.u?.?.j: .~.e., .R.:. ~onway Mary E...Co,Bw~y... address .H.p.r..t.o..n.'.s...L..a.n.?.,...S.qg.t. t39.!.d.,.. ~ .e.w...Y.~.r.k....~ .1.9..7.1. ...... (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... LILCO easement 8. There arc no other encnmbrances or liens against tile land except ........................ 9. The land lles in the following zoning use districts ."..A.".. 7...R.e..s.i.d..e.n..t.i..a.1../.A.g.r.i..c.u..1.t..ural 10. No part of tile land lies under water whether tide water, stream, pond water or otherwise, ex- cept n / a 11. The applicant shall at his expense install ali required public improvements. 12. The land (lt~r~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by ...... n../.a. ................................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .... .n/..a ................................. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by .... .n./..a. .................................................. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by tile applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. See attached 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required hy Sec. 335 of the Real Property La~v. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required Imblic improvements will be $..,-qQP,¢.. as itemized in Schedule "E" bereto annexed and requests that the maturity of the Performance Bond be fixed at ...r!,/~! ....... years. Tile Performance ]{ired will be written by a licensed surety company uuless otherwise shown on .qchedule "F'. ARGIRIOS PAPADOPOULOS DATE .... ~.e.p.t. 9.m.b..e.~..~ ........... 19...8.6 GEORGE MARAGOS (Name of Applicant) (Signature and Title) Rudolph H. Bruer Attorney for Applicant ~.a.$n..R.Q.a.d. ,..~...0......B.o..x..1..4.~.6.,...S.Q.q¢.h.Q~d, NY (Address) . STATE OF NEW YORK, COUNTY OF ..... .S.U.F...~.0..L.K. .................. ss: On the ....... .9. t3.h. ......day of ....... ~3.0. p.~.. 9.m.b..~.r. .......... 19.8. ~3 ....before me personally came ....... .R.u..d.o..lp.h...H.:...B,r.u..e.¥ ............. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ....h.e. ...... executed the,{arrm? Notary Public ....... .,'~'%'( 2'[~°'Ogi''° ................ STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ...................... to me known, xvho being by me duly sworn did de- pose and say that ............ resides at No .................................................... ........................... that .......................... is the .......... .................. Of ....................................................................... tile corporation described in and xvhich executed tile foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the hoard of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Northeasterly side of Kenney's Road, said point being North 41° 57' 50" West, 705.05 feet, more or less, from the intersection of the northeasterly side of Kenney's Road with the northwesterly side of Middle Road (C.R. 48), said point also being the southerly corner of the within described premises; RUNNING THENCE from said point of beginning, and along the northeasterly side of Kenney's Road, North 41© 57' 50" West, 886.09 feet to a point and land now or formerly of Conway; THENCE along said land now or formerly of Conway North 46© 37' 30" East, 701.24 feet to a point and land now or formerly of Venetis; THENCE along said land now or formerly of Venetis South 42© 40' 20" East, 886.35 feet to a point and land now or formerly of Levine; THENCE along said land now or formerly of Levine and land now or formerly of Donahue the following two (2) courses and distances: (1) South 46© 38' 50" West, 360.62 feet; (2) South 46© 37' 10" West, 351.56 feet to the northeasterly side of Kenney's Road at the point or place of BEGINNING. SCHEDULE Kenney's Road is an existing public street in the Town of Southold Highway System. SCHEDULE C September 9, 1986 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Subdivision for Papadopoulos & Maragos Kenney's Road, Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Rudolph H. Bruor Attorney for Applicant Mike Venetis 45-74 158th Street Flushing, New York ~ay 19, 1986 11358 Southold Planning Board Town Hall b~in Road Southold, New York 11971 Dear Ms. Schultze~ On the proposed road which is vertical to Kenny's Road and going through my property~ 059~3.26, I would hearby like to register my approval of the construction of this road. Very Truly Yours, Mike Venetls nb: Y~v' 14 Abrams Place Lynbrook, NY 11563 Southold To,^m Planning Board Town Hall Southoid, NY 11971 P~: A_Fplication of Papadtpou!os & ~a~a~o~ Dear Members: I am a property o%~er in the immediate vicinity of the property concerned in the subject application. I have no objections to th~ division of that p~operty into five lots for one-family dwellings, i s[renuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Read. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, 77 Oakridge Road Ramsey, NJ 07446 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Application of Pa~adopouios & Mara~os. Dear Members: I am a property owner in the i~mediate vicinity of the property concerned in the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold To~ Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic Please make this letter part of the record for this application. Very truly yours, 620 E. 20th Street New York, NY 10003 Southold Town Planning Board Town Hall Southoid, NY 11971 Re: ~pplication of Papadopoulos__&__~ra~os Dear Members: I am a property owner in the immediate vicinity of the property concerned in the subject app]ication. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact open my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Rosd. My neighborhood has enough traffic Please make this letter part of the record for this application. Very truly yours, / 1125 Kenny's Road Southold, NY 11971 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Application of Papadopoulos & Mara~_s Dear Members: I am a property owner in the immediate vicinity of the property concerned ~n the subject application. I have no objections to t~ division of that property into five lots for one--family dwellings. I strenuous_iy object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious n~$ative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, 111-34 42nd Avenue Corona, NY 11368 Southold Town Planning Board Town Hall Soothold, NY 1197] Re: Application of Papadopoulos & Marasos Dear Members: I am a property owner in the immediate vicinity of the property concerned in the subject application. I have no objections to ~h~ division of that property into five lots for one-family dwellings, i strenuously object to the Southo]d Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impac! upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic nOW, Please make this letter part of the record for this application. Very truly yours, FEB 2 1 86 LAWRENCE A. WALSER, M. D. 6355 MAIN ROAD MATT[TUCK. N. ¥. ~I952 February 26, i986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. Ii971 Re: Application of Papadopoulos & Maragos Dear Members: I am a resident of Southold on Kenny's Road, residing with my wife at 1475 Kenny's Road. We live across the road from the fourteen acre parcel which has been presented before the Planning Board for subdivision into five lots. I have also received a Ietter from Mr. Wil- Iiam H. Price, Jr. who represents the client's legal interests in the purchase of the prop- erty. He has recommended to all the neighbors on Kenny's Road to submit a form letter that you are no doubt aware of. However, I take exception to this letter, as welI as the appli- cation and the consideration by the Planning Board. Firstly, I believe that Mr. Price has perhaps inadvertently mislead his neighbors into totally agreeing with the division of that property into five lots for one-family dwellings. He has done this by discussing the other problem of the construction of a road through the parcel for future subdivisions. In gen- eral, I beIieve that all the neighbors are opposed to the subdivision of this land. As was initially proposed under the Master Plan of December 1984, this area was to be designated as agricultural conservation property. I realize that the Board can act to change this into low density zoning or even cluster housing, however it was the general belief of all the neighbors in the area that it would remain an agricultural area. This includes my- self, who has lived there for approximately one and one-half years, and moved in with the belief that the proposed plan at that time included a position against the development of agricultural conservation land north of Route 48. Certainly a number of the local residents may have reconsidered their purchase property if they thought that this area was going to be developed. Nonetheless, if infact the Planning Board has the ability to change this into a low density zoned area, then certainIy consideration should not be given to the development of a road to give access to further development east of the parcel. This is even a greater contradiction to the original idea of agricultural conservation. Furthermore, as stated in the multipIe other letters, the traffic flow would become an increased problem, as it al- ready exists to be a problem with speeding motorists present on the road. Lastly, it is my understanding that if the owner would agree to a four lot subdivision, then the idea of a road would not even come to existence. If this area is to be developed at ali, di%pite its original intent as an agricultural area, then this would be the least disagreeable to the general neighborhood. Four subdivided lots would subsequently not requir/e a road to be installed, and would have the lowest density of housing which wouId be the ~ost easily ac- cepted by the local residents of Kenny's Road. Thank you for your con~ide/ation. I would appreciate if you could include this into the appllcati~on that is before ~l~he Planning Board. // L~nce A. ~alsex, M.D. LAW/dar Kenny's Road Southold, NY 11971 So~bold Town Planning Board Town~ Hall Southo!d, NY 11971 Re: Application of Papadopoulos & Mara~os Dear Members: I am a property owner ~n the i~ediate vicinity of the property concerned in the subject application. I have no objections to th9 division of that property into five lots for one-family dwellings. I strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic ROW. Please make this letter part of the record for this application. Very truly yours, 148-58 60th Avenue Flushing, NY 11355 Southold Town Planning Board Town Hall Scuthold, NY 11971 Re: A_pplication of Papedopooios & Mara~os Dear Members: I am a property owner in the i~nediate vicinity of the property concerned in the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings, i strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, 28 Washington Avenue Greenport, NY 11944 Southold Town Planning Board Town Hal.] Southold, NY 11971 Re: ~lJcation of Papadopoulos & Marasos Dear Members: I am a property owner in the immediate v~cinity of the property concerned Jn the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, P.O. Box 951 Southold, NY 11971 Southold Town Planning Board Town Hall Southold, NY 11971 I am a property owner in the immediate vicinity of the property concerned in the subject application. I have no objections to thC division of that property into five lots for one-family dwellings, i strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's ~oad. My neighborhood has enough traffic Please make this letter part of the ~ecord for this application. Very truly yours, 1285 Kenny's Road Southold, NY 11971 Southold To~m Planning Board Town Hall Southold, NY 11971 Re: Application of Papado~?__u_los Dear Members: I am a property owner Jn ~he immediate vicinity of the property concerned in the s~bject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold Tow~ Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, Soundview Avenue Southold, NY 11971 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Application of Fa]~a_d_opc_u_los & Marafzo_~ Dear Members: I am a property owner in the immediate vicinity of the property concerned in the subject spplication. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, 3268 37th Street Long Island City, NY 11103 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Application of Papadopculos & Mara~os Dear Members: I am a property owner in the immediate vicinity of the property concerned in the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold To~ Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, 1105 Kenny's Road Southold, NY ]1971 Southold To~m Planning Board Iown Hall Soutbold~ NY Re: Application of Papadopoul_es & Mara~os Dear Members: I am a property owner in the iu~ediate vicinity of the property concerned ~n the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Soutbold To~m Planning Board's insistence that a new road be provided for or ccnstructed at that site onto Kenny's Read. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Read should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic UOW. Please make this letter part of the zecord for this application. Very truly yours, Kenny's Road Southold, NY 11971 Southold Town Planning Board To~n Hall Soutbold, NY 11971 Re: Application of Papa__dopoulos & Maragos Dear Members: I am a property o%mer in the im~mediate vicinity of the property concerned in the subject application. I have no objections to th~ division of that property into five lots for one-family dwellings. I strenuously object to the Southold Town Planning Board's insistence that a new road be provided for or constructed at that site onto Kenny's Road. It is my opinion that such a road would have a serious negative impact upon my neighborhood. I do not believe that Kenny's Road should be the access for subdivisions and/or developments not actually fronting upon Kenny's Road. My neighborhood has enough traffic now. Please make this letter part of the record for this application. Very truly yours, ) T ~ D SLaY Southold, N.Y. 11971 (516) 765-1938 October 22, 1985 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: The Board reviewed the above mentioned subdivision at the regular meeting of October 21, 1985. Following a field inspection, the Board requests that a road be established parallel with the LILCO easement, that could tie in with future developments to the East. The Board also requests that consideration be given to a cluster subdivision, whereby, the lots could be clustered down to one-acre leaving the remainder in open space. (100-136) If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary T( D S~ Southold, N.Y. 11971 (516) 765-1938 October 8, 1985 Mr. Rudy Bruer Attorney at Law Main Road, Southold, NY 11971 Re: Papadopolous and Maragos Dear Mr. Bruer: Please let this confirm the following review by the Planning Board at the regular meeting of October 7, 1985. It was the consensus of the Planning Board to conduct a field inspection of the premises prior to any further action or recommendations. It was also noted that in lieu of land reserved for park and playground, the applicants will deposit a cash payment with the Town. The amount of the fee will be determined by the Town Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary SDUTHDLD, NEW YORK 11971 SEP 3. September 11, 1985 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed major subdivision of Papadopoutos & Maragos Southold, New York Dear Sirs: We have made our clients aware of your suggestion that this subdivision plan be revised to reflect a minor subdivision of four building lots. However, our clients are most anxious to see this plan through as a five lot major subdivision. On behalf of our clients, we respectfully request that this application, as previously submitted, be placed on your meeting agenda for sketch plan approval at the earliest possible date. Thank you for your consideration in this matter. Si~ly~ . Rl~lph H.~Bruer RHB/df cc: Hr, Arg±r±os Papadopoulos JUL 1 June 28, 1985 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed major subdivision of Papadopoulos & Maragos Southold, New York Dear Sirs: Thank you for your letter of June 25, 1985. We find your recommendations, set forth therein, to be unacceptable for the following reasons: 1. This subdivision, as laid out, meets all of your requirements. 2. This subdivision will be, primarily, for the use of the developer and his family, in the future. 3. Regarding Lot #3, the developer plans to build and live on this lot. His house will be located to conform with the set-back requirements on the remaining four lots (as if his rear lot line were identical to the other lots). The additional 5~ acres in Lot #3 will be used by the developer for farming purposes. 4. The developer will be happy to make a cash contribution to the Town Board in lieu of a land reservation for a park and playground area. 5. The right of way referred to is an exclusive easement in favor of ,<~ LILCO, and we cannot give any rights over it to the Town. I would appreciate another meeting with you to discuss the above. Please advise me when this will fit into your scheduling. Thank you for your cooperation in this matter. Sin~y, ..c~] ~ ~_ R~olph H. Bruer RHB/df Southold, N.Y. 11971 (516) 765-1938 June 25, 1985 Mr.Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Papadopoulos and Maragos Dear Mr. Bruer: Please let this confirm the discussion with the Planning Board, Monday, June 24, 1985. It was the Planning Board's recommendation that this application be amended to a minor subdivision of four lots, the Board was not in-'favor of the layout of Lot No. 3. since If you have any questions, please don't hesitate to contact our office. t~truly yours, BENNETT ORLOWSKI, JR, 'G~AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary P D T LD Southold, N.Y. 11971 (516) 765-1938 June 12, 1985 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Henry Arbeeny Papadopolos and Maragos Dear Mr. Bruer: The Southold Town Planning Board requests that you appear at the next regular meeting to review the above mentioned applications. An appointment has been schedUled for June 24, 1985 at 8:15 p.m. in the Southold TownlHall. Please let us know if this is convenient for you. Very truly yours, BENNETT ORLOWSKI, JR. , ~CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 3 0 April 30, 1985 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed Major subdivision of Papadopoulos & blaragos Southold, New York Dear Sirs: On behalf of Mr. Argirios Papadopoulos and Mr. George Maragos, we sub- mit herewith twelve (12) copies of a sketch plan showing their proposal for a major subdivision at Southold, New York. Also enclosed is my affidavit, in compliance with Article IV, Section A106-40(B) o It is my hope that the board will entertain a review of this proposal at its May 20, 1985, meeting. Please advise. S i~t~ r~y, ' Enc s. RE: Proposed major subdivision of Papadopoulos & Maragos Southold, New York STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS.: RUDOLPH H. BRUER, being duly sworn, deposes and says: THAT he is an attorney, licensed to practice law in the State of New York, and that he resides at (No#) Main Road, Southold, New York ; THAT he knows that ARGIRIOS PAPADOPOULOS, residing at 154-11 28th Ave., Flushing, New York 11354, and GEORGE MARAGOS, residing at 248 Todt Hill Road, Staten Island, New York 10314, are the owners of the premises subject to this submission, and THAT MARGUERITE R. CONWAY, residing at (No#) Hortons Lane, Southold, New York 11971, and MARY E. CONWAY, residing at 1625 Hortons Lane, R.R. 3, Southold, New York 11971, are the holders of a first mortgage on this property in the sum of $105,000.00, and THAT the above mentioned are the only persons having an interest, direct or indirect, in this proposed subdivision; THAT your deponent makes this affidavit in compliance with Article IV, Section A106-40(B) of the Southold Town Code~n~wing that the Southold Town Planning Board will rely upon the statemen~§~ her~in~ ~ ~/~.~%~t.~! ~,~'J/~z~' '~,~, ~ ~ ~ud-ol-ph~. Bruer Sworn to before me this 30th day of April, 1985. No~ry Public V/ELL POiN¥ T TYPlC^L LAYOUT IgB.O ........ 167,62 ~60,62 - ,-: ~ ~ 900 GAL SEPTIC i'AhtbL . Yr ~/-,.. ¼'f:LL ' , :..~ 50 'v'¢. 360,6Z N/F' LEVI~ EL F~VA-!] O tq 5ANP FILL POOL 5Y5 T E'I',4 EL,AY _~,[2/kVE L 18' 'f'NE V,C, ATE/'2 SUPPLY ANP SE'WAOg BISPOS.~.L FACILITIES FOE ALL LO']7~ ON TNt-9 MAP COh,'IPLY 5UFFOLL CO. DEPAB..71,4ENT OF HE~LT¥~ ..~ 17 SU~£K COUNTY DEPARTMENT OF HEAL.TH SERVICES ~ HaulOl~a~[t~, New YorkJUL 3 1 (FEB ? This ~1 f~ certify that the ~posed arrangements for water supply and ~ewa~e,disposal for ~0~ in the (~ ~i~'~ wi~h a total of --~- r ~Iots were ¢~¢rbved ~ the above date These facilities must conlorm to const¢~dicn ~l~ndards in effect at the time of construction. This approv'¢i ¢~aff ~ vali~ only in the event said subdivision/deve - opmen~ ~a(is duly fi~ed with the County Clerk within 6 monH~s of ti ~s da~'.. ~sent is hereby g~ven for the fi ng of this map o ~ w:rich t~,¢s. ¢~rsement ap~ars in lhe Office of the County Clerk m accord¢~ ~i,h provisions o¢ the Public Health Law and the Suffoik ' ~~~Andreol, PE ~'i.rector, D;vis~o~ of En~i~ntai Quality AP F F2OVE'L) 705.09 - -' '~ ~ .................. f~OAO ....... t .... t77.~ ............... 1'7.5 -7 I O. 'v,,/. '160' ........ ~ ~..0 .......... ? ... 67.6E -, 46 ~8 50 ~z 360, 68 N/F f TEST NOLIZ LOAM CLAY GF,~AVE L T,L../E V,/ATEF? 5ur-'F'L',,/ ANP O_FV¢.,~,5~:' DI! I"flAP 0~- ~ 'We'Ll °,' 6,4 ~ :, ~ , - - ....... ~ S,~6 38 50 W. 360, 6~ ~ ~ ~i0 ~ujm dlsta~ce'be~n' 8 ,F, LEI] I Po.5.'5~r~rr:,M .// NAP OW~ eD :t BI~v~I.OPEI) AD.G I,r2 los PAPA ;By ¸40 7,5' /, SEP ~; l~e~ ,4 DEC 1 1986 ua~J/ - .9O