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HomeMy WebLinkAbout1000-31.-8-12 1 ,, - , � .: . . � , '.,� .—. .:'.• _ . ' -, � � r. , ,' Irk .f 1 f I. o - _ i r , I „ I I WENUE _ .. R s;4 rz'40E: 49.97 _- -_ TH : V,.1 FEQ VMS� ` EA'ST MAMAZON (' Ln TOWN oPT,st�ur�, NY Gb C2aCHM:�tl,T: _H.DAIINLK L.RACRE:TT"' N, MYLES. V,NOVAK S.ANDE450N FT'hifFL 1i:5TA� ] ' H:STAN. y lM3- uj - uff 11 ' Nj LU Ln yy Z6 10.00 z5s7© :div i rSD Rt�nHL' :O5 . WAY p / ,�-�' --N.34 e40-W: 131.74 471�$ :FT., ; X555Cj.FT. 1` i f . 4�397 Sr :Fr. cn di 15 41 °tilin i c� 1• � � ���7,>s^ NWAY &1G.HT - OF � � BY '534'[Z'40" .. 152 43 E. ANOtM;0 ON Qr <� �o o ' 3 20 W r „ � - 5 ,53 N c� M6F: VRA , ' '�., R.'J4---VF hLCi tO 1X15 EpFVFY 140 ALTERATION' OR Ab01F - '- - t ('� ]/� }., 7- J _�/{ �'^� Sf TH,, ],Rv OF itlE Nl WAYOPC$Oi i!N A ^M1L 'RICK � YM'N � dT��.fwi 4.� ' Y.;r. EPIAWONL,,. R�A�YF"{�� - s /fr•.,. i ' ., ' � rJ�.f1�..E`.46 �+ CHILES OFy,y NqF NOi OENSING VA _� Mat�TLJW}ENT i THE LS I,51PV �{ EM00 .b ALA e 1 U SZAl 011 ., .. 3 VWNPIPE Ar I /r te to dE n VAun r 1 1 a corvsartm ,F! JIIAkANiE'S 11,1 AI _ - l'A�Rn—'^' M" 21 A,A�, -... ��y _- a JNL1 ro Iu ` SNAII FLLN _ C -HYD' __ ___-_--_ n _ Is FrzhA, - .u nq sunWE .LIGLiCE;:,W.f :p I,ANQ ..i4JFGV C:1y �M L4{'4L� •- 45;1,�T, iijLE CJM+A.Y, i. L i'1[ IENomA 4 ulbv Ann' 1 _ - - iH'HE HASy�6N4$OFLi ILLNpL.JO INSH� - - OIJ.GIIMIANILES All IJOi iMNL1MY! ...++^.. +n -_,-, .-+.,-w-w.....-....,........-.._._..,...-,..- •�.....-_ '�^�f+' ,i0 ADDmUN'A IN511]Al TN, ._.,.. ..,� �•..-..�--AWbWn•-.w-..-�L.3.W:SY�IIWMIP•�.�w+...u.-.. __ .�... : ..--,_..-..,- r.-, -r_ DECLARATION AND AGREEMENT WILLIAM W. SCHRIEVER3as Executor of the Estate of Walter W. Washburn, and ERNEST G. RADFORD, as surviving tenant by the entirety, being the fee owners of an improved private road known and designated as Marion Lane and Marion Place and over which a . common right-of-way runs, hereinafter referred to as the "Road" which Road is described at Schedule "A", annexed hereto and made a part hereof, and GEORGE G. LONG, SUSAN E. LONG, WILLIAM W. SCHRIEVER, as Executor, ERNEST G. RADFORD, as surviving tenant, STUART ANDERSON, MIRIAM ANDERSON, GEORGE W. SMITH, BARBARA MARIE SMITH, PHILLIP H. KOCH, and MARIE F. KOCH, being all of the owners of eight lots abutting the Road and depending on it for access , hereinafter referred to as the "Lots" which are hereafter described on the Schedules B through I annexed 'hereto, and made a part hereof, for the purpose of providing for the owner- ship, maintenance and improvement of said Road, do hereby declare for themselves , their respective heirs , executors, administrators, successors and assigns, in consideration of the premises , and hereby make known, publish and declare, covenant and agree that the entire premises described herein, including both the Road and the Lots abutting thereon, shall hereafter be stbject to the agreements , covenants and restrictions enumerated herein which shall be considered real covenants running with the Land and binding upon all purchasers , owners, mortgagees , lienors and 'such other persons acquiring an interest in said premises, and do further covenant and agree as follows : (1) That a mutual non-profit corporation under the laws of the State of New York shall be formed having, at least initially, eight memberships, one for the owner or owners of -li- e ach of these eight Lots . The Certificate of Incorporation of this' corporation shall specify among the purposes of the corporation the ownership, maintenance and improvement of this Road together with the transaction of such other busiass as. may be permiuled by law. (2) That immediately upon the organization of the corporation, William W. Schriever, as Executor of the Estate of Walter W. Washburn, and Ernest G. Radford, as surviving tenant by the entirety, together the fee owners of the Road, shall convey title thereto to the corporation. (3) That the by-laws of this corporation shall provide: (a) That each such-membership shall be entitled to one vote at all elections and on all :natters that may come before a meeting of the corporation, with it being spec 'ifically stated that should any two or more member- ' shipo be held by one owner or group of owners, said owner or owners shall be entitled to as many votes as the number of Lots which he or they own. (b) That the affirmative vote of a simple majority o f ,the total membership of such corporation shall be required for tfe conduct of the business of the corporation with voting by proxy permitted, and that no assessment of the membership shall be voted at any meeting unless the call of the meeting shall state the amount of the assessment to be voted on and its purpose. (c) That the corporation shall have the power to assess the owner or owners of each Lot an equal share of the cost of any improvements or other necessary services to the Road as voted by a simple majority of the total membership at a meeting called for such purpose; acting in the same manner the corporation shall have the power to assess a particular lot owner the cost to repair damage to the Road caused by the owners use of his particular Lot; such assessments by the corporation shall be a charge against the Lots of the respective members until the assessment is paid in full; the corporation shall have t.-e right and power to bring actions against the owners of a Lot for the collection of such charge and to enforce the lien therefor. (d) That in the event a proposal is made to the corporation to extend the Road to provide access to lots not then abutting the Road, the corporation, by a majority vote of the total membership at a meeting called fora, such purpose, may reject such proposal; but, if such a proposal is made by either the Planning Board or the Town Board of the Town of Southold and is rejected by the corporation, the corporation shall then offer to dedicate the Road to the Town of Southold. (e) That the corporation may be dissolved by the affirmative vote of two-thirds of the total membership at a meeting called for such purpose; and in that event the corkoration shall offer to dedicate the Road to the Town of Southold. if the Town of Southold refuses to accept the Road in dedication and the corporation is dissolved, then that portion of the Road to its center-line abutting any lot shall revert to the owner of said lot wether such lot is represented in this agreement or not, and the entire Road shall be burdened with a common easement running in favor of each lot owner then represented in Itis Agreement or then owning a portion of the Road in order to assure him access from Bay Avenue. -13- (4) William W. Schriever and Ernest G. Radford shall sign the Certificate of Incorporation as incorporators. The incorporators shall adopt the initial by-laws and shall endeavor to secure corporate approval and ratification of this: Agreement through the corporate directors and officers, it being understood that any act or promise to be performed by the corporation is subject to the approval of a corporation through its duly constituted directors and officers after incorporation. (5) . That the right and privilege to use the Road described herein shall be an easement attached to each and every Lot represented in this Agreement, now or in the future. Howek7er, each Lot owner hereby covenants and agrees that in the event the corporation proposes to dedicate the Road to the Towniof Southold and the Town of Southold accepts the Road, any 'required release or other instruments necessary to complete the dedication of the Road will be executed by such owner without delay. (6) That in the event an additional lot is created by subdivision of one or more of the Lots represented in this Agreement or access to a lot abutting the Road but not repre- sented in this Agreement is proposed such lots shall be granted membership in the corporation under the same terms and condi- tions as each of the existing memberships including the re- quirement that this Agreement be on record and that such lot or lots be burdened with the covenant and agreement herein as a covenant running with the land. The owner or owners of each such lot granted membership pursuant to this agreement, shall, as a condition of membership, execute any instruments required to give affect to this agreement. -14- (7) That the foregoing covenants and restrictions are intended to cover the described real property only and are not to be extended to any other property of the parties hereto unless this Agreement is on record as a covenant running with said property. (8) And that invalidation of any one of these covenants , in whole or in part, by judgment or court order or otherwise, shall not affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto ham set their hands and seals this :S day of November 1977 , /P e 17 �:_Y+fit.=,�� .�� i IJ's�:ti 71�rvlk L _ Geoff e G.i1Long /I Susan E. Long � ( _ William W. Schriever, Executor Ernest G. Radford Stuart Anderson I Miriam Anderson ;` � � ,.Zc•�-Z 1• ..cz/ X71✓ � Gejorge:'W. Smith Barbara Marie Smith %'1.��. �1 � i�� - `- - roc-�� �• fL��� Phillip . Koch Marie F. Koch -15- 'I 1•: _ j CC,C C '76- . ,ILS Aum at 16, 1977 Chiar-'L s Cuddy, Eat ,I 108 Enast Main supe t Riverhead, New .ork 11901 ' Dear tk'Tr. Cuddy ;r `Lhe follow..ing action was taken-,at a regular meeting of the Southold Town ;Plan ing Boa.°d held July 13, 1977ra F E SOLMED to approve the map of the minor subdivision ol` property of the Valter Washburn Estate. Yours truly, �II Muriel Brush, Secretary I I it COPY FOR, ��'OUTHOLD' T05dN. PLANNING BOARPX y*;� MARION ROAD ASSOCIATION, INC. NOTICE OF FIRST METING 'I . The First Meeting of the Members of the Marion Road Association, Inc. will be held at 3:00 p.m, on Saturday, August 19, 1978, at the home of Mr, and Mrs. George W. Smith, Marion Lane, East Marion, New York. The purposes of this me-sting are clearly set forth in the a¢enda enclosed. The owners of each Lot constitute one Membership in the Corporation and a ch Membership has one vote at these meetings.. A min;mum of fkve such Votesss required to conduct the affairs of the Corporation regard- less of the attendance at the meeting. tit your convenience before the meeting, please eare£ul v-. revieyt the proposed, RULES AND REGtiiATIONS and the PROPOSED COVENANT so that V deal 4Fflciently with these matters. Y� August 9, 1978 I ..ir.,r, __tr;Y'•-i' #R,_det:r. �!4;' i ;� I Enclosures: + I,EKBERSHIP CERTIFICATE EMBERSHIP LIST (1 sheet) I f I AGENDA FOR THE FIRST MEETING (2 sheets) ` o STATEMENT OF ORGANIZATIONAL EXPE\SES I sheer ; BUDGET FOR 1978-79 (1 sheet) F.ULES AND REGULATIONS OF THE M?P.IOD; ROAD ASS:;C;,.lT,;;;.•. {e, •'J PROPOSED COVEN.SNTS FOP LOTS IN THE KkRION ROr'ii .':SYi ,w.sc'.•:; i BYLAWS OF THE MARION ROAD ASSOCIATION, INC. DECLARATION AND AGREEMENT (5 sheets) 4til CERTIFICATE OF INCORPORATIONOF MARION ROAD A. S('':: ?u� : I, ++•.� -AP Note: i The last three items are bound together with th; , - consecutively. Many Memberships already have rec_ived ' : I ' listed as enclosures, and in those cases only the br:'!.; + ' plus some correction sheets are being enclosed to c._-upl � s � I A copy of a letter to :fr. Pohlig from LILCO is encl,,sc� , .,r.�p:, : itE that might require utility service from the pole l +•._ MARION ROAD ASSOCIATION, INC, AGENDA FOR THE FIRST MISTING AUGUST 19, 1978 1. Call of the Meetinsi: The "Notice Of First Meeting" will be read. I� 2, Minutes of Organization Meeting. The Incorporators prepared and signed a "Consent To Action Taken In Lieu Of The Organization j Meeting" dated August 5, 1978, which will be read. 3. Treasurer's Report: The "Statement of Organizational Expenses" which each Membership has received will be read and reviewed. The funds required will be assessed together with the appropriation for the budget. 4. R611 Call : All proxies and powers-of-attorney must be presented now, 5. Approval of Organization Meeting: A vote will be taken on the following resolution: F RESOLVED, That the actions taken by the Incorporators as set forth in the "Consent io Action Taken In Lieu Of Organization E Meeting" are hereby approved. q 6. Adoption of the Budget: The budget will be introduced with the following resolution: RESOLVED, That the "Budget For 1978-79"of which each Membership has received a copy is hereby approved, THAT each Membership in the Corporation is hereby assessed in the amount of $190.00 to appropriate the funds necessary to provide for this budget and to pay the organizational expenses of the Corporation, and THAT such assessments are payable immediately and due before December 31, 1978. This resolution will be debated, providing an opportunity to discuss the budget and amend it through normal parliamentary procedure. Please remember that no !tern of the budget may be increased at this meeting though an increase certainly can be discussed. Any amendment may be voted Infernally, but this resolution as amended must be voted by a roll call cf the Memberships since it provides for an assessment. i i i 4 7. Election of Officers: The order of election will be President, Vice-President, Secretary and Treasurer. Nominations will be accepted from the floor and each nominee shall accept before he is voted on. Although each Membership has only one vote at a meeting of the Members, if both husband and wife are owners, each can serve as an Officer simultaneously. Each new Officer will assume his duties immediately following his election. 8. Adoption of Rules and Rezulations: These will be introduced with the following resolution: RESOLVED, That the 'Rules And Regulations Of The '.Marion Road fAssociation, Inc." of which each Membership has received a copy i are hereby adopted and shall control the maintenance and use of the Road by all parties including the Members of the Also- ciation, their families and their guests. This resolution will be debated, providing an opportunity to amend these Rules and Regulations through normal parliamentary procedure. The resolution as amended may be voted informally unless a roll call of the Memberships is requested from the floor. 9. Discussion of New Covenants: Each Membership rece`ved a copy of "Proposed Covena is For Lots In The Marion Road Association, 'k Inc." together with copies of the existing covenants. It is proposed that we execute and record a uniform set of covenants on all of the Lots in the Association, in which case the existing i covenants will be annulled by Mr. . Schriever and :^s. Radford. These proposed covenants will be discussed informally in the hope that we can agree unanimously on a uniform set of covenants, and if so, then the following resolution needs to be adopted: RESOLVED, That the Association is hereby authorized to accept an assignment of powers under covenants affecting the Lots of the Members and to participate in the enforcement of such covenants. 10, New Business: The floor will be open for the discussion of any matters affecting the Association and its Members. 11. 'Approval of Minutes: An opportunity to correct the minutes. 12. Adiournment: MARION ROAD ASSOCIATION, INC. MEMBERSHIP LT ST as of August 5, 1978 The following Membership Certificates were issued, numbered from the entrance to Marion Lane clockwise along the bounds of the Road: 1. George G. Long and Susan E. Long, Marion Lane, East Marion, New York 11939 2, Edward F. Pohlig and Margaret E. Pohlig, Marion Place, East Marion, New York 11939 3. William W. Schriever, as Executor of the Estate of Walter W. Washburn, I Main Road, Orient, N. Y. 11957 4. Ernest G. Radford, Main Road, East Marion, New York 11939 5. Stuart- Anderson and Miriam Anderson, 22 Sea Cliff Avenue, Sea Cliff, Nev York 11579 6. Ernest G, Radford, Main Road, East Marson, New York 11939 7. George W. Smith and Barbara Marie Smith, Marion Lane, East Marlon, New York 11939 1 B. Phillip H. Koch and Marie F. Koch, Bay ;.venue, East Marion, New York 11939 CONSENT TO`ACTION TAKEN IN LIEU OF THE ORGANIZATION ?FETING OF MARION ROAD ASSOCIATION, INC. The undersigned, being the incorporators of the corporation, hereby consent to the action taken, as hereafter stated, in lieu of the organ- ization meeting: That a copy of the Certificate of Incorporation together with the receipt issued by the Department of State showing the date and payment of the filing fee and organization tax for the original Certificate of Incorporation was appended to this statement. That Bylaws regulating the conduct of the affairs of the corporation were adopted and ordered appended to this statement.' That the Declaration and Agreement executed by the members of the corporation and recorded in Liber 8469 at page 213 in the office of the Suffolk County Clerk is hereby approved, ratified and in all respects adopted and consented to by the corporation and a copy thereof ordered appended to this statement. That the incorporators, William W. Schriever and Ernest G. Radford, were appointed directors of the corporation to serve until the first meeting of the members and the election of successor-directors. That William W. Schriever is to serve as President of the corporation and Erinest G' Radford is to serve as Secretary of the corporation, both to hold office until the first meeting of the members and the election C f su cessor-officers. that the first meeting of the directors and members shall be held at 3 :d10 p.m. on August 19, 1976, at the home of Mr. & Firs. George W. Smith,i Marion Lane, East Marion, New York, and ordered that proper notic of this first meeting be given on or before August 9, 1978, to all� members of the corporation. That the President shall prepare .a statement of the legal and other expenses in organizing the corporation including the expense of preparing and re'cordirg the Declaration and Agreement, filing the Certificate of Incorporation, preparing copies of a map of the parcels of property subiect to thelDeclaration and Agreement, preparing copies of the Bylaws and other documents, insuring the corporation against liability, and mailing the notice of the first meeting and enclose such statement with the notice of the first meeting. That the President shall prepare a proposed budget for the coming year and enclose such budget with the notice of the first meeting. T;'iat the President and the Secretary shall issuE a Membership Certificate to the owner or owners of record of each lot and enclose such Membership Certificate with the notice of the first meeting. i That the principal office and mailing address of the corporation shall be at East Marion, Town of Southold, Suffolk County, New York. Ttat the undersigned acrrept their ap ointment as o fficer-die Dated: I August 5 , 7.978 3•--' � ;`-Cw� ! �,.5�, a�-�,+�G.�.,�7JiG� William W. SchrieverErnest G. Radford `"•® The following are appended to this consent, Bylaws, Declaration and Agreement, CertificaCe of Incorporation, Receipt of the Department of State. M,l_RION ROAD ASSOCIATION, INC. STATEMENT OF ORGANIZATIONAL EXPENSES Listed by Payee: Tooker, Esseks, Hefter, Cuddy & Tohill 510,82 108 E. Main Street Riverhead, N. Y. 11901 Professional Legal Services 400.00 Disbursements Billed to Date 110.82 510.82 Roderick Van Tuyl, P. C. 75.00 Front Street at Main Greenport, N. Y. 11944 Map for Marion Road Association, Inc. Floyd F. King, Jr. 109.00 22420 Main Road Orient, N. Y. 11957 Liability Insurance for 711/78 to 711/79 Hartford Policy 1201-T067595 Estate of Walter W. Washburn 58.88 c/o William W. Schriever Box 128 Orient, N. Y. 11957 Copying by Imperial Copy Center 55.69 Copy of "Robert's Rules of Order" 3.19 58.88 Czganizational Expenses $753.70 Note: i A few minor organizational expenses remain which can easily be paid from the budget as proposed. MARION ROAD ASSOCIATION, INC. BUDGET FOR 1978-79 Listed by Budget Item: ADMINISTRATION: 100.00 Printing of letterheads and envelopes, postage, post office box if desired, check book and checking account service charges, balance of organizational expenses, office supplies, etc. REAL ESTATE TAXES: 16.41 Based on an estimated assessed =slue of $100 taxed at this year's rate. INSURANCE: 109.00 Based on renewal of existing liability policy at the present premium rate. SNOW CLEARING: 321.00 Based on an estimated $30.00 plus sales tax cost per trip and 10 trips per season. SIGNS : 30,00 Based on an estimate by Superintendent of Highways of $30.00 for the sign "Marion Place". Apparently the Town of Southold will supply signs such as "Stop", "15 MPH" and "Dead End Road" at no cost if requested by Association. CONTINGENCY FUND: 189.89 Unrestricted fund; can be used to supplement other budget items and maintain a mini-mum balance in the checking account. Total Budget for 1978-79 $766.30 Organizational Expenses 753.70 Total Assessment $1,520.00 Assessment per Membership $190,00 Note. Approximately two-thirds of these costs are nonrecurring so it would appear that next year's budget might be around $60.00 per Membership. There is probably sufficient cushion to absorb the cost of recording a _ the new covenants together with the necessary legal services should we l desire to undertake that project. dI J I� RULES AND REGULATIONS OF Tile MARION ROAD ASSOCIATION, INC. ` 1. Each Membership shall be limited to the parking of not more than one automobile or light truck within the bounds of the Road on a regular basis. 2. No vehicle shall be parked within 15 feet of an intersection or driveway. 3. Following a substantial snow storm, no vehicle shall remain parked i during daylight hours within the bounds of the Road until snow clearing operations on the Road have been completed, 4. Np vehicle shall be permitted to remain within the bounds of the Road in a (disabled condition. 5. No bicycles or children's toys shall be left unattended within the bounds of the Road. 6, Noe trash 'shall be accumulated or placed for collection within the bounds 'of the Road. 7. Each Membership shall be responsible for maintaining the parking along the Road that abuts their Lot including mowing the grass and trimming the trees: 8. The speed limit on the Road shall be 15 miles per hour. i 9. The Road shall be closed for a 24 hour period beginning at noon on the second Monday of July of each year by the placing of a barricade at the entrance to Marion Lane, During the week immediately preceding this c losing, a public notice to this effect shall be published in The Suffolk Times. PROPOSED COVENANTS FOR LOTS IN THE MARION ROAD ASSOCIATION, INC. 1. No buildings shall be erected, altered, placed or maintained on the premises other than one single-family detached dwelling, a private garage for not more than two automobiles which may be attached to the dwelling, and a total of not more than two accessory buildings. Every enclosed buildijng shall be supported by a continuous masonry foundation and pro- tected'] against the entrance of rodents. i 2. Any dwelling erected or maintained on the premises shall have at least 1,200 (square feet of livable floor area as defined in the Zoning Ordinance of the Town of Southold. No accessory building shall be used as a guest house,) cottage, apartment or otherwise for dwelling purposes. No medical or derytal office shall be maintained on the premises. 3. A idwelling erected or placed on the premises shall conform in archi- techtural style with the existing dwellings in the immediate area including those Pn Marion Lane, Marion. .lace and Bay Avenue. No "-wobile" or "modular" home shall be erected or placed on the premises. 4. Prior to the construction of a dwelling on the premises, a copy of the plans shall be submitted for approval to the Board of Directors of the Marion Road Association, Inc, solely to confirm thst the proposed dwelling will conform to the requirements of these covenants, if so, the approvlal of the plans shall be granted in writing and shall not be with- held or delayed unreasonably. 5. Thle front yard of the premises shall be maintained primarily in lawn and shill be free of any hedge or other obstruction to the view which shall significantly screen the front of the dwelling from the street. Pio fence iIther than a split-rail fence shall be erected or maintained in the front yard. For the purposes of this covenant, the front yard shall be daflined as the area enclosed by the two side property lines from the front of the dwelling to the street line except that, for a lot having I I'- lenger dimension parallel to the street, the front yard may be limited to a section of such area 100 feet in length that spans the front of thejdwelling. On a corner lot each side of a dwelling facing a street shall be considered a front of that dwelling. R St b. No commercial vehicle other than a pickup or van with a rated gross vehicle weight not exceeding 9,000 pounds shall be parked regularly on the premises. No more than one boat not exceeding 20 feet in overall length and no more than one recreational vehicle or camping trailer shall be stored on the premises and then only in the rear yard. Such storage shall be limited to those items owned by a resident of the dwelling and such recreational vehicle or camping trailer shall not be used for dwelling purposes on the premises. 7. A y clothes line shall be erected and maintained only in the rear yard and they. only in a manner that it will be screened from view from the street to a reasonable degree. Trash cans shall be kept either in the rear yard or screened from direct view from the street in a side yard except when placed for collection. B. No animals other than pets shall be kept on the premises and such pets (hall be confined to their owner's premises except for small animals such s cats that cannot be confined by a fence. No animals shall be kept on the premises in such a manner that they create a nuisance for the neighbors because of noise, oder, attraction of flies or rodents, or risk of physical harm. 9, The entire premises shall be maintained at all times in a neat and orderly manner. No portion of the premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and no such wastes shall be burned on the premises at any time. No portion of the premises shall be permitted to grow wild except that any lot now I wooded may remain in its natural state so long as it remains vacant. EXISTING COVENANTS ON WASHBURN'S LOTS 1. No dwelling structure of any kind shall be erected unless it contains i " a minimum of 1200 square feet of livable floor area; a "mobile" or "modular" home shall not be erected or placed on the premises. 2. The entire: premises of this parcel shall be maintained at all times in a neat and orderly manner. No portion of this premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, no such wastes shall be burned on the property at any time, and no portion of this parcel 'shall be permitted to grow wild. 3. The party of the first part reserves the right to annul , waive, alter, change or modify any of the covenants or restrictions above set forth by written declaration duly executed and recorded in the Suffolk County Clerk's Office. 4. The party of the first part, his heirs, successors or assigns may enforce these covenants. p` EXISTII•Tv COVENANTS CN RADFORD'S LOTS 1. That olnly one single family dwelling house for residential purposes,- h a private garage attached thereto for family use only, steal! be built on these premises. No occupancy of y such dwelling house shall be permitter) tmltil the outside and the roof shall be fully and completely finis'f d and painted. No trailer, tents or cadipinlgtshall I-e permitted. 2. That no building, structure or structares shall be erected or maintained at a height in excess of two stories_, and"that all roofs shall be of the hip, gable or pitch roof type construction, All buildings shall be erected on closed foundations of poured concrete or cement blocks, and no buildings ora posts shall be permitted. No flat roofs or lean-to roofs shall be permitted, There shall be no outside storage of boats or commercial vehicles Om any lot. 3. That no dwelling house, exclusive of garage, shall be erected on said premises which shall contain less than one thousand (1000) square feet of living area on the ground floor. All roofs shall be of asbestos, cedar or composition shingle and no roof shall be laid down with rolled roofing. All pians and specifications shall be subject to the approval of the party of the first part, and in writing. Such approval shall not be un- reasonably withheld. 4. No trade, craft, business, manufacture• industry, commerce or profession (medical, dental and legal professions permitted) including hotels, boarding ani rooming houses, shalt be conducted or, said premises. 5. No nuisances nor noises of any kind, unwholesome and offensive to the neighborhood, shall be per- mittee to exist ion said premises, nor shall any accumulation of rubbish, garbage, junk or materials. of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said Icts, excepting a developer's sign of reasonable dimensions, or a "for sale" or "for rent" sign not larger than 12" x 24". (. No fowl, poultry, animals or livestock shall be kept on said premises except domestic household pets. Pets shall be limited in number to two except by special permission of the grantor herein. 7. L'.xterior clothes lines shall be installed in a mariner that will detract to a minimum from the appear- ance of the neighborhood and with due consideration for the aesthetic value thereof_ S. There 'shall be no outside toilets or outltousts erected upon said premises. Adequate septic tanks Or cc.ispools shall be erected and maintained on said premises for sewage disposal in conformity with the re- quirentcnts of the Su iofk County health Department. All cesspoois shall he located in the front yard area of each lot. 9. Said piemises shall be suhject to electric, electric light, gas, water, T.V. and telephone easements nn the surface or below the surface along the roa•.I.vay or lane adjacent to said premises. 10. No sz'nd, earth or sod shall l,c removed iron, the premises, or excavatioe be allowed to remain open thcreon, except!as may be necessary during building construction periods. Individual lot grading shall be com- pleted before occupancy. 11. No fence shall be erected or maintained.on any lot over four feet in height. Fences shall be picket, ranch type, prrvht or evergreen onh_•. No fencing whatever shall be erected or grown in that area of the front h-ani .,i each plot which is furr:ard of a line established by extending the front line of the house to each side- line of the. plots On corner properties this restriction shall apply to the yard area facing both streets. 12. No title in and to the bed of any private road on said tract of lard bordering said premises is herein coyivuycd to tlrei grantee. Tlie grat:lur retains the said title, and also the right to dedicate and convey the said title to the Town of Southold, or to the Village of Greenport, or in ifs sole discretion, to convey said title to an association of owners of lots of said tract. 13. The said covenants and restrictions are hereby declared to be covenants and restrictions artached to and renninglNvith the land, and shall expire on January 1, 1953, except that any or all of the above cove- nants and restrictions may be modified, altered or annulled as to the premises described herein or as to any other neigh'uoripg property now or formerly oared by the grantor at any time by written agreement by and between the g-antor, its distributees or assigns, and the then. owner for the time being of the premises upon .vhiclh it is agreed to amend, alter or annul such covenants and restrictions and such agreement shale be ef- fectual to modify, alter or annul such restrictions as to said premises wit.out consent of the Duper or oamers of any adiacenti premises or any other neighboring premises, now or formerly owned by the grarior, or of any other party or mortgagee holding any interest in the said premises- As Originally Adopted August, 1978 BYLAWS OF THE MARION ROAD ASSOCIATION, INC. ARTICLE I NAME AND ADDRESS Section 1 : The name of the Corporation shall be "Marion Road Association, Inc." Section 2: The principal office of the Corporation, shall be in the hamlet of EastiMarion, Town of Southold, Suffolk County, New York. ARTICLE 11 PURPOSES Section 1: The purposes for which the Corporation has been organized are to provIIIda for the ownership, maintenance and improvement of the Road known and designated as Marion Lane and Marion Place in the hamlet of East Marion, New York, together with the transaction of such other business as may be permitted by law. Section 2: The Corporation shall have the :ower to assess each Membership an equal share of the cost of any improvo?ents or ether necessary services to the ',Road. Sections: The Corporation shall have the power to assess one Membership the cost to repair damage to the Road caused by the respective Member's use of ;the Lot. Section 4: Such assessments by the Corporation shall be a charge against the lots of the respective Members until the assessment- is paid in full. Section 5: The Corporation shall have the right and power to bring actions against the Members for the collection of such charge and to enforce the lie; therefor. ARTICLE III MEMBERSHIP Section 1 : Initially there shall be ei.-ht Memberships in the Corporation, one each for the owner or owners of record of each of the eight Lots subject to the: Declaration and Agreement dated November 23, 1977, and recorded In Liber '8459 at Page 213 at the office of the Suffolk County Clerk. -1- Section 2: in the event an additional lot is created by subdivision of one or more of the Lots represented in the Declaration. and Agreement or access' to a lot abutting the Road but not represented in the Declaration and Agreement is proposed, such lots shall be granted Membership in the Corporation under the same terms and conditions as each of the existing Lots including the requirement that said lots be placed on record as subject to the Declaration and Agreement as a covenant running with the land. Section 3: As a condition to any agreement by the Corporation to an extension of the Road to provide access to lots not then abutting the Road, all such lots shall be placed on record as subject to the Declaration and Agreement as a covenant running mitt-, the land, whereby such lots shall be granted Membership In the Corporation under the same terms and conditions as each of the existing Lots. Section 4: The owners of record of the Lots subject to the Declaration and Agreement or their attorneys-in-fact shall constitute the Members of the Corporation and only such Members shall be eligible to serve as Officers and Directors of the Corporation. Section 5: -in the absence of written Ol dence to the contrary, the Members of the Corporation shall be tete owners of the Lots as shown on the current assessment roll of the Town of Southold. Section 5: In the absence of written instructions to the contrary, all natices shall be mailed to each Membership at the address as shown on the current assessment roll of the Town of Southold. ARTICLE IV OFFICERS AND DIRECTORS Section l : The following Officers of the Corporation shall be elected at each Annual Meeting of the Members: a President, a Vice-President, a Secretary, and a Treasurer. These four Officers shall constitute the Board of Directors of the Corporation. Section 2: Each Officer shall serve until his successor has been duly elected unless such Officer shall die, resign, fail to qualify as a Member, or be removed from office for cause by the Board of Directors, -2- Section 3: In the event an office of the Corporation shall become vacant, the Board of Directors shall designate one of its members to fulfill the duties of that office until such vacancy is filled, except that no Director shall serve both as President and as Secretary. Section 4: The President shall preside at all meetings of the Members and of the Board of Directors. As chief executive officer of the Corporation, i the President shall take only such action as is directed by resolution of the Board of Directors. Upon formal authorization by the Board of Directors, the President shall sign all legal documents in the name of the Corporation. Section 5: The Vice-President shall perform all of the duties and exercise all of the authority of the President in his absence. He shall generally assist the President in the performance of the duties of chief executive. officer. SectioSecretary 5: The ..ecsetar} shall maintain an accurate and current list of the Members with their mailing addresses and shall be responsible for the i preparation and mailing of written notices of all meetings of the Members to each Membership. He shall cause attendance and minutes to be recorded at each meeting of the Members and of the Board of Directors, shall have custody of such records and shall have them available for use at all subsequent meetings. He shall keep on file a record of all communications sent and received by the Cortoration and shall see that all communications recei•Yed since the last meeting are read at the next meeting of the Board of Directors. He shall receive all mail addressed to the Corporation and may maintain a separate postal box for this purpose if authorized by the Boardlof Directors. He shall have the custody of the seal of the Corpor- ation;and shall affix and attest the same to documents when duly authorized by the Board. of Directors. Section 7: The Treasurer shall have custody of all funds and securities of the Corporation. He shall promptly deposit all funds received by the Corporation in accounts in the nacre of the Corporation in such banks as shalllbe designated by resolution of the Board of Directors. The signature card for each such account shall bear the signatures of each of the Officers of the Corporation and the resolution authorizing the account shall state that the signature of any two Officers shall b=_ required for the withdrawal of the funds so deposited. However, checks drawn on such accounts shall be signed by the President and the Treasurer unless they are unavailable for this purpose. Only such disbursements shall be made as may be ordered for the purposes of the Corporation by resolution of the Board of Directors. The Treasurer shall keep a regular set of books subject to audit at such times and in such manner as the Board of Directors may directi. One such audit shall be conducted preceding each Annual Meeting, The Treasurer shall provide regular reports to the Board of Directors and shall prepare an Annual Report which, together with the report of i the audit, shall be mailed with the notice of the Annual Meeting. Section 8: The Board of Directors shall submit a proposed budget for the clming year which shall be mailed with the notice of the Annual Meeting, In addition, the Board of Directors may submit a proposed budget for a specific purpose which shall be mailed with the notice of the Special Meeting to be held to consider -such appropriation. Each budget proposed shalllaaticipate the expenses which may be incurred in carrying out the purposes of the Corporation and may include contingency funds for such itemsias unanticipated incidental expenses and the maintenance of a minimum balance in a checking account. Each such budget shall state the fundsjto be appropriated under each general category of the budget such as snow-clearing, surfacing, insurance, administrative expenses and i contingency funds. It shall state the net amount of funds to be raised afterl taking into account the balance of funds carried over from the previous year and the assessment of each Membership that would be necessary to fund the budget as proposed. The Board of Directors shall not undertake any project nor incur any other expense in the name of the Corporation unless the funds required to pay the cost thereof have been appropriated either i for that purpose or as a contingency fund not excluding that purpose in a i budge adopted by the Members. Section 9: The Board of Director shall be responsible for the dissemi- nation, interpretation, and enforcement of any Rules and Regulations governing the use of the Road, but such Rules and Regulations shall be - adopted only by resolution at a meeting of the Members. -4- ARTICLE V MEETINGS OF THE MZ. IBERSHIP Section 1: The Annual Meeting of the Corporation shall be held on the second"Saturday in August of each year at such time and place as shall be designated by the Board of Directors. At least ten days preceding the date of each Annual Meeting, a notice of such meeting, the Annual Report and audit, a copy of the proposed budget for the coming year, and a copy of any amendment of these Bylaws being proposed shall be mailed to each Membership by first class mail or delivered in person. i section 2: A Special Meeting of the Members may be called for a specific purpos'ie by resolution of the Board of Directors or by a petition signed by Mezblers representing at least one-third of the Memberships in the Corporation and filed with the Secretary. A Special Meeting shall be held on a Saturday at such time and place as shall be designated by the Btiard of Directors. At least ten days preceding the date of a Special Meeting, a notice of such meeting stating its purpose shall be mailed to each Membership by first class mail or delivered in person. Section 3: At each Annual and Special Meeting the order of business shalllbe as follows: (a) Call of the Meeting by the President (b) Reading of the Minutes of the Last Meeting (c) Report of the Treasurer (d) Annual Audit Report (e) Roll Call (f) Amendment of these Bylaws (g) Adoption of a Budget (h) Election of Officers (i) Unfinished Business (j) New Business (k) Approval of the Minutes (1) AdjourrLmant In the election of officers nominations for each office and acceptance by each nominee shall take place Um;wdiately preceding the ballot to fill that office. This order of business may be suspended at a meeting of the Members by a resolution duly adopted. c Section 4: Each Membership in the Corporation shall be entitled to one vote at all elections and on all matters that may come before a meeting of the Members. Should any two or more Memberships be held by one owner or group of owners, they shall be entitled to as many votes as the number of Lots which they own. Section 5: Each Membership in the Corporation may be represented at any meeting of the Members by an owner of the Lot, by the attorney-in-fact of such owner, or by another Member authorized by proxy to act on behalf of such owner. The Secretary shall honor only those proxies that are submitted on or before the Roll Call of the meeting, that are signed and dated by such owner or by his attorney-in-fact, and that specify either a date of expiration or the particular meetings for which they are to be honored. If a proxy also indicates the desire to have certain votes cast for that Membership on particular matters that may come before a meeting, the Secretary shall so record the vote for that Membership. Every proxy shall be revocable at the pleasure of the Membership who issued it, and if more than one proxy is submitted for one Membership, the Secretary shall honor the proxy bearing the most recent date. Section 6: The affirmative vote of a simple majority of the Memberships in the Corporation shall be required for the conduct of business at any meeting of the Members unless otherwise provided in these Bylaws. Section 7: No budget item shall be adopted and no assessment of a Membership shall be voted that exceeds that proposed in the call of the meeting. Every vote to assess a Membership shall be taken by calling the roll and the vote of each Membership shall be recorded in the minutes. Section 8: Such action as may be taken by a simple majority vote of the Memberships at a meeting may also be taken without such meeting by filing with the Secretary the written consent of a simple majority of the Member- ships in the Corporation provided that such written consent shall have been solicited of every Membership either in person or by first class mail and shall have been obtained within a period not to exceed ten days. Similarly, with the approval of a majority of the Memberships represented at a ,meeting, such written consent may be used to supplement a vote taken at that meeting subject to the limitations stated above except that only those Memberships not represented at the meeting need be solicited. Each such solicitation and the response received shall be recorded in the minutes with such minutes being subject to approval at the next meeting. -6-J ARTICLE VI MEETINGS OF THE BOARD OF DIRECTORS Section 1 : The Board of Directors snail meet at least once within the ten day period immediately following the Annual Meeting, at least once during the month of July of each year, and at such other times as are necessary to dispose promptly of all matters before it. Section 2: A meeting of the Board of Directors may be scheduled either by the President or by any two Directors to be held upon at least three days notice mailed by first class mail or upon at least one days notice delivered in person or by telephone to each Director not a party to the scheduling of the meeting. Proper notice shall be considered to have been given of any meeting at which the Directors present shall not have protested such notice prior to the commencement of such meeting and for whlch 'any Director not present either shall have submitted a waiver of notice, whether before or after the meeting, or could not have been present because it can be established that he was neither available to receive the notice of the meeting nor available to attend the meeting. Section 3: A simple majority of tate Directors, excljdln.g any vacancies then existing, shall constitute a quortug for the transaction of the business of the Corporation at any meeting of the Board of Directors. Section 4: A resolution of the Board of Directors shall be adopted either by the affirmative vote of a simple majority of the Directors present and constitutiro a quorum at a scheduled meeting of the Board of Directors or by the signatures of a simple majority of the Directors, excluding any vacancies then existing, to a copy of the resolution filed with the Secretary' except that a resolution shall have received the affirmative votesor the signatures of at least two Directors to be adopted. The Secretary shall record any resolution adopted by signatures in the minutes with such minutes being subject to .approval at the next meeting of the Board of Directors. Section 5: If, at a properly scheduled meeting of the Board of Directors, a quorum is not obtained within thirty minutes of the scheduled time, then the Directors present may schedule another meeting within tell days. -7- If, at the second such meeting, a quorum is not obtained within thirty minutes of the scheduled time, any Director present may tail a Special Meeting of the Members for the purpose of either electing a new Board of Directors or filling such vacancies as then exist. Section 6: If two vacancies exist among the Directors and the business of the Corporation cannot be conducted because of a disagreement between the remaining two Directors as to the course of action to be taken, or if th'r'ee or more vacancies exist among the Directors, then a Director, If there be one, or any Member, if not, shall call a Special Meeting of the Members within thirty days for the purpose of either electing a new', Board of Directors or filling such vacancies as then exist. ARTICLE VII RULES OF ORDER Section 1: The rules contained in the latest edition of "Robert's Rules '!of Order" shall govern the meetings of the Corporation in all - cases to which they are applicable and in which they are not inconsistent with these Bylaws. Section 2: The presiding officer of any meeting, or a Parliamentarian he may appoint, shall decide all questions of order at a meeting subject to a motion to appeal . ARTICLE VIII DISSOLUTION OF THE CORPORATION' AND DEDICATION OF THE ROAD Section 1: The Corporation may be dissolved by the affirmative vote of two-thirds of the Memberships in the Corporation at a meeting of the Members called for such purpose, and in that event the Corporation shall offer ,to dedicate the Road to the Town of Southold. If the Town of Southold refuses to accept the Road in dedicat-ion'and the Corporation is dissolved, then that portion of the Road to its center-line abutting any lot shall revert to the owner of said lot whether such lot is subject to the Declaration and Agreement or not, and the entire Road ' shall 'be burdened with a common easement running in favor of each lot owner ' then a Member or then owning a portion of the Road in order to assure him access from Bay Avenue. Section 2: In the event a proposal is made to the Corporation by either the Planning Board or the Town Board of the Town. of Southold to extend the Road to provide access to lots not then abutting the Road, and_the i Corporation, at a meeting of the Members called for such purpose, rejects such proposal , then the Corporation shall offer to dedicate the Road to e the Town of Southold. Section 3: In the evert an offer by the Corporation to dedicate the Road Pto the Town of Southold is accepted, each Lot owner shall execute any required release or other instruments necessary to complete the dedication of the Road without delay. ARTICLE IX SEAL OF THE CORPORATION The seal of the Corporation shall be as follows: ARTICLE X CONSTRUCTION OF THE BIZAWS If there he any conflict between the provisions of the Certificate of Incorporation or the Declaration and Agreement and these Bylaws, the provisions of the Certificate of Incorporation and of the Declaration and Agreement shall govern. ARTICLE XI AMENDMENT OF THESE BYLAWS Section 1: An amendment of these Bylaws shall be placed on the agenda of a meeting of the Members if, and only if, such amendment is proposed either, by a resolution of the Board of Directors or by a petition signed by Members representing at least one-this'd of the Memberships in the Corporation and filed with the Secretary. -9_ Section 2: The President shall promptly appoint a committee to study the amendment so proposed and to recommend a wording of the amendment acceptable to those proposing it and not in conflict witb the provisions of the Certificate of Incorporation and the Declaration and Agreement, Section 3: If so requested by the resolution or petition proposing the amendment, the President shall call a Special Meeting within thirty days for the purpose of voting on the adoption of the amendment. Otherwise the amendment shall be placed on the agenda of the next Annual Meeting. R copy of the amendment shall be mailed with the notice of the Annual or Special Meeting at which its adoption is to be voted. Section 4: The affirmative vote of two-thirds of the Memberships in the — 7-- Corporation at a meeting of the Members called for such purpose shall be required to adopt an amendment to these Bylaws, and if so adopted, the amendment shall take effect immediately. Adopted by the Incorporators`pursuant to paragraph (4) of the Declaration and Agreement this fifth d�y yf August, 1978. Ernest G. Radford William W. Schriever -10- CERTIFICATE OF INCORPORATION OF I°:ARION ROAD ASSOCIATION, INC. Under Section 201 of the Not-For-Profit Corporation Law : The undersigned hereby certify: (1) The name of the corporation is MARION ROAD ASSOCIATION, INC. ' (2) The corporation is a corporation as defined in sub-paragraph ! (a) (5) of Section 102 of the Not-For-Profit Corporation Law in that it is not formed for pecuniary profit or financial gain, and no part of the assets , income or profit of the corporation is distributable to , or enures to the benefit of its members , directors , or officers or any private person except to the extent permissible under the i Not-For-Profit Corteration Law. i (3) The purposes for which the corporation are formed are to transact such business as may be permitted by law and to promote and enco*.,rage the ownership , maintenance , and improvement of a certain private road located in the ?hamlet of East Marion, County of Suffolk, State of New York, which road is described as : BEGINNING at a point on the west=rly line of bay Avenue about 650 feet southerly along said wes- terly line from Main Road, said point of beginning being the southeasterly corner of land of Koch; proceeding along said westerly line of Bay Avenue the following two courses : (1) South 29 degrees 06 minutes 40 seconds East 9 . 04 feet and (2) South 34 degrees 12 minutes 40 seconds East 40 . 99 feet to land of Long; thence along said land of ' Long and land now or formerly of Walter W. Washburn the following three courses : (1) South 56 degrees 35 minutes 20 seconds West 293 . 01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300. 00 feet, and (3) South 56 degrees 35 minutes 20 seconds West 50. 00 feet to land of Ernest G_ , Radford; thence along said land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds West 300. 00 feet; thence along said land of Anderson South 56, degrees 35 minutes 20 seconds West 97 . 9(3 feet to other land of Radford, thence along said last mentioned land of Radford Worth 28 degrees 22 minutes 50 seconds West 50 . 19 feet to I3dld of Smith: thence along said land of Smith and _lands of Y<Ox''h North 56 degrees 35 minutes 20 seconds Eaot 436 . 69 feet to the wes- terly li.oe of Bay Avenue a4d the point or place of BEGINN NG, containing 0. 8476 acres . and for this purpose to : (a) pay taxes , if any, on said road or other real property a• acquired by the corporation; (b) supplement municipal services ; e (c) Assess lot owners for the cost of improvement or other necessary services to the road, and to enforce the lien created by any , such assessment . (d) enforce any covenants , restrictions and agreements applicable to the property acquired by the corporation; and (e) to do any other act or thing incidental to or con- nected with the foregoing purposes or in advancement thereof , but I not ', for tine pecuniary profit or financial gain of its members , directors or officers , except as permitted under Article 5 of the ` Not 'For-Profit Corporation Lava. a ` -17- E i (4) The corporation is a Type A corporation under Section 201 of the Not-For-Profit Corporation Law. (5) The office of the corporation shall be located in the Town of Southold, County of Suffolk, State of New York. (6) The territory in which the corporation' s activities are principally conducted is the Torn of Southold, County of Suffolk and State of New York. (7) The post office address to which the Secretary of State shall mail a copy of any notice required by law is : William, W. Schriever , Main Road, Orient, New York. t (8) No approvals or consents are required by the Not-For- Profit Corporation. Law or by any other statute of the State of New York. f � I1 — Urnest . Zx or—d-� �illiam W. Schriever Main Road Main Road East Marion, New York Orient, New York E 13 EDWARD J. BALE PROFESSIONAL ENGINEER INSPECTION REPORT ...... TO: ..R1A10Ri0g...QPPnft..................... DATE jgpt2mber 19.I. 3-977 ...................... .....s...... Town ci� Southold TIME ................................................ ...................................................... ...................................................... WEATHER......................._................... RE: ............... COMMENTS: Thera is a road in the northerly right of way composed of bank run ancL heavy gravel. This road terminates at the 40,55 feet northerly boundary of Lot #2. This road needs no improvement. Any extension of this rc0shall be constructed of 6 inches of bank run (25% gravel content) laid down after all vegetation has been stripped. Thar I a is a road in the southerly right of way that n82dS to he improved ancJ widened. The existing road should be graded level and covered wit4 3 inches of bank -run (25/13 gravel Content). The area to be improv2d !ta obtain the final width of 25 feet should be stripped of all vegetation and: coveredwithat least 6 inches of bank run (25% graitel) to conform to the improved existing road-. RECOMMENDATIONS: TOOKER. TOOKER & ESSEKS COUNSELORS AT LAW ` 108 EAST MAIN STREET CLYDE TOOKER (1996-19711 P. O. BOX 265 ROBERT L.TOOK E,R RIVERHEADD_N. Y. 11901 WILLIAM W. ESsEKS 516 PARK 7-3277 1 MARCIA Z.H EFTER CHARLES R.CUDDY ANTHONY B.TOHPLL { STEPHEN R.ANGEL September 14, 1977 Southold Town Planning Board Main Road Southold, New York 11971 Dear; Sirs : OnJuly 18, 1977, the Planning Board approved a minor subdivision for the Washburn estate located at East Marion. You will recall that during the hearing in connection with the minor subdLvision application, adjacent property owners requested that somesprovision be made for maintenance of the right of way serving the subdivided lots and also the adjacent owners . This is +tie right of way commencing at Bay Avenue and running through land .of the Washburn estate and land owned by Radford. The abdlt,�ing; owners are Koch, Anderson, Smith, Radford and the 1 Washburn estate. Will , = Schriever, Executor of the Washburn estate, and Mr. Raord•, ,the owner of a fee interest to one-half of the road, and€ deve- oper of the adjacent property, have agreed, together wit,hjrthe•-•;adjacent property owners , to form a road maintenance aeodia't on and to have the road deeded to the association. In this connection, we are requesting, on their behalf, that the P1arn & ,Board approve use of the name "Marion Lane" for the major portion of the road (as it intersects Bay Avenue) and the name , Marion Place" for the smaller portion of the road running nor�tli"a}u ' south to west. Would you please advise if the use of the names "Marion Lane" and IMarrion 'Place", for this road is acceptable to the Planning Boaft kindly confirm that you have authorized the use of thes�'• road 'or street names . Thank you. Very truly yours , t .Lr'U% Charles R. Cuddy e J CRC :mgw 1 September 1, 1977 clarles Caddy; Esq. 105 Ea2t Mkin Street 77Riverhead, 1'- ow York 11901I 'he LROI �hol d Town PlanningBoard discussed the minor subdivisionyy}} �q 'of gg'".��l�e� Estatery/of Walter Wadh-burn later n '.fir the eve ing 22, They° dec ided that the rightlollw y across lot A Vul e 1 f fe U vii b 75- feet into the lot for access for !K12. TjI-,,e' rig1i G..-fir' Oayz.�ou d be 15 feet wide from Bay Avenuewest for a distnce of 190 feet and 30 feet wide for 121 feet , a d�,cent: `v hs Lang Aland Lighting Company awkent. 1? Mlham signedthe maps yesterday and Bob Mott picked up two aoplen: for Schriever. Yours truly, YhT el Brush, Secretary Southold gown Planning Board Copy to Nj. William schriever u tw+r TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW ICE EAST MAIN STREET CLYDE TOOKER IISOE-1.371i P. O SO. 205 ROBERT LTOOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARR 7-32?7 MARCIA 7,HEFTER { CHARLES R.CUDDY ANTHONY B.TOHILL STEPHEN R.ANGEL July 12, 1977 Mrs.'. Muriel Brush, Secretary Southold Town Planning Board Mair •Road Southold, NY 11971 Re Estate of Walter W. Washburn Minor Subdivision Dear Mrs . Brush: This, will confirm that I have checked with both William W. Schrlieve'r, the Executor of the Washburn Estate and Rodney Van -tuyl, who prepared the Minor Subdivision Map for the prop I6 rty located at or near Bay Avenue, East Marion. li Bothl-Mr. Schriever and Mr, Van Tuyl have indicated to the best of their knowledge there is no inlet or channel directly connecting Lake Marion to the bay or harbor to the south of tha&:land. A copy of this letter is being sent to both Mr. Schriever and Mr. Van Tuyl. Please feel free to contact either or both of t&emlif the Planning Board has any questions concerning this matter. Very truly yours, Charles R. Cuddy CRC:Ibm cc: IMr. William W. Schriever Mr. Rodney Van Tuyl Y _ {I 7 7 I j l ' I { �I RI September 28, 1977 t? .._...... .::a Sweet; Ag. !, New " '.ZZ Z Dear lNe Cuddy 9 Tht following action was taken by 'the Sauthold Topm plarming Beard at regular meeting held September � e � 1977. .• RESOLVED o .grant permission to William Schriever, Executor C I� of the, se -e' `, t , d . Radford t&9' use the 312e" "Marion LAII611 aid: "Marion Place" f'or streets in their subdivisions, r ; :* � c p o report made by €urard Rage rP --.i e a these roads. 1 am also sending a c_;pY r IIIIt c Mr. S:chrie.ver a ' Muriel Brush, Secretary Southold Town Planning Board i I II � y a NI I A LEGAL NOTICE " COUNTY OF SUFFOLK Notice of Hearing� NOTLCE..IS -HEREBY GIVEN STATE, OF NEW YORK that pursuant to,Section!276 of the �I Town Law,public hearings will be M held`by the Southold.Town Pian ningBoard at the `Town Hall Sherley Katz, being duly sworn, says that she is an M k ain'Road; Southold; New York, ' S , Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, id in satoY;n'on the Z7th day of June,:1977,'onthe question of the ❑ public newspaper printed at Southold, in Suffolk County; 'i following� 7:'30 Approval �of; the and that the notice of which the annexed is a printed copy,I I p.rn: ini or iibdivisi of''proper .of i ii n has N�11 ry ", o, P P Y been published in said Ling,Island Traveler-Vbatch- p p A a91i, K Ii r atM ,: To n tier s>the man once each week for ...........(............................ weeks 1 inch ess attitue , of Sou , of uffolkd p N S and State successively, commencing on the ... ............................... ounty to 0 ew.iXbrk bdunde and de c Beg ollo�ws: p II ed as a omt o Y he day of 3333..,��t�....................... i 9.. ./�... tmm� at m t southerl 'side of` a 35 foot — -- „� being ay said point of beginning I ��...... th fol owing courses r' ' two,co' �u anal dista ,ces from a monument 61,ii,i; on the easterly 'side of Cp ,G' Mineola Road',Ynarking the am e north- westeriy corner of land of Feter lir " Kircltgessiier (1) N 186° 18'1160' E" 1r6� thence 2) S. 85° I„ Sworn to before me this ... ............. day or 1� B . deet 'point intim f �.'. of beg54 feet; running dhce t/'''�[:r.................... 19.17 85' from sal in en II1 Illi along the southerly line of said 35ry foot roadway S. 85 38' 10',' E. F L 512.35 feet to land of 'James w Norris IEstate;, ;running' thence along said land S. "i' 32' 40" L �� 70.54 feet t ; Haberman; land n; ............................ ............. SII ifl 0 0 laud of Notary Public thence running along saidN. Vt1'i' 8Sa 38 10 W 490 25 feet'to a 25 1 III foot right ofway; running thence I, along said night of-way and'lands ° 35,' 00" W. of.,Burns N. 14 - 41i' 176.43 feet to the point or place of lcrl'u beginning; and Beginning at a. point at the northwest corner of the premises iG herein described, said point being;' S.86;0 34'2l E.250:24 feet from d . a monument Ion'the easterly side ` o£Camp Mineola=Road, marking ETHEL PALLADINO NOTARY PUBLIC, State of New York I � the northtvest�corner of laid'now iI ,Ili,r No. 52-4628953 9� or formerly of Peter.Groben; said` . ,'i Dint of beginning' bein the li�' Quali4ied in Suffolk County h ! p g Commission Expires March 30, 1978 4 northeast corner of said landnow 9 ps !or formerlyof Peter Groben;from " r saidoint of beginning running P g g g thence along land now or,formerly 'of R>D': Tuthill S. 86° 34' 20" F. I r fl o' 396.b5 feet to land of Peters; q isl°i I running thence along said an of Peters S. 40'21' 50" W. 187.05, it II! "feet to the'northerly side of said �f 35 foot roadway; running thence. ' along said northerly line N. 850' jIIII,' 38' M' W. 396 feet running'' III pal;l thence N. 4 21' 50" E. 180.58 11GI;I' feet;toF ther,,,potnt,;.or p)aee of, B!p '"il' begircto �� wiig3,6j`acres, �r more ox less' Approva101 ro ertY Of 1i 1 minor subdivi ion pWashburn alterthe Estate of WTown of axion, "F situated at East M°£ Suffolk and Southold; County bounded and State oE' yyI York, f New described as follows Dint on the. @G at a point, �l to westerly1ne of Bay Avenue at the corner of land of " ,,northeasterly, southeasterly con Ilii �' Trafftca and a the Washburi}1 j �11II tier of land'of said li Estate;running, thence along t land of Tra 1 a'S:56 35 20"w11 thence', along thl, 150.01 ' feet; d of TraffIca lull I _ I� several Ian -.I 'sev, ac Schmidt,Schmidt, Dahncke; I Anderson Thie II `I Myles, N6v.a 34° 12 ol?Ij F Stan and Krancher S. Mi - l'� ' E, 831.81 feet;thence along sal e, I r 1► land,of'Kranchex N 55° 41inelQbf V# E1,1 50 feet to„said westerly B Bay Avenue; tlience along', 5 €< 34° 12' 40 westerly line S land novo or feet; thence along the h formerly of W a 4 20 w 00 �'llhl courses (1)5.-.55 34° 12 40'I�iii, feet;thence-(2)N• h. S 55,i ]31.70 feet; thence(3) X20” .W 196:74 .'feet to lad V+of . Radford; thence along satdljl Tend of Radford four courses (,I)1ijN. v 23', 20' W 454 60'II 9 29 °35' 20 ' E.II. 0.55 thence(2)'N.5603 34 12' 411 W. ° ,fop thence(3) 4 N 560 3 120 325'feet;the ( ), li II"{erly g. 318,01 feet t., said' Avenue; then 111 on of line of Bay34° 40". said westerly line S b'Int ..of t q E: 49.97 feet to the lel 4023 Containing ,III beg Containing II inning• acres more or less f the 00 :p:m pPProval i u dlvtsfon. preliminary mal? °f su 7' theme.;. , as, Iq i{r knowr►,�,�. l:nun`n as• „Briolrngloid-!;1'-lhc- _ .J ,,'Sea", owned by Charles Rand and located at East Marion, Town of Southold, County of Suffolk and State of'New York, bounded arid.describe'd as,follows: j Parcel 1 Beginning at a point 1 I ori the northwesterly sldeiof State.- 1 1� Highway; at G theJ. southeasterly'I - corn"er of the premtses'hereinafter J :' described,saidpoint being where 1 the drvisioti'aine between the, ;^ hereinafter described premises and land,formerly,of Charles Stephens,'on; now or formerly of', PII': 'Stephenson.'Beach,. Inc., inter-, j�4li sects the northwesterly side of-, 1�I:I 'State Highway;running thence S. 24° 35' 10"W. along the north-' �ctiti,rl. -.,ulc :1f Sialc IiI i\cay - 200.2i1 feel: th(enLC soluh\\•eSWrly C tili!I 111011g 1110 norlL\\-i lerl\� side of,Slaty 1-hull ca\• oil the arc of it cilrec hearing to the right having; :i radius ol'22.59.01 feet a distance along said ctin.c of 909.-9 f(('T it, land now or IormCrh_• to (,. I. Ar Nc\\•man, formcrIv of. thence N.'24' 04' 30'' W. aloilU Mild last mentioned land and land 1 formerly of-Danforth.,, or fornierlN of H. L. Hicks. through' I:+ur nn+nmil;'nik 02111.30 f,rl to III ordinal. IIiL!!I \,al,'r :ni:rlt of Lo-lo 1,land ti,wod: Then.`,' math -- - I ea,T,'r:\ ahln! the ol-dinar\ hi!!II 'Ir %ii (nark (+f I oiw ltil:lnd Somid on , Oe line :otnti, oil• ". 17' 0" 1'. a ditlalwo ol''+.t'+.31 le,'I land' formerly.of Charles S. Ste-. I Pnson:. henow or formerly of Stephenson Beach,.Inc.; thence € S. 38 10' 40'` E. along said last mentioned land;through a,mon- ument 400 feet to the point or. I Ih place oi'beginning. I„ I Parcel II. Beginning ata point Oil the Soulhcastcll\ side of:State Fligh%%I .%-here the division line - I between premises hereinafter de- -'scribed II `scribed anti premises formerly of 1 Charles S Stephenson; now or 1 j j III formerly`of Stephenson Beach, l III Arc., intersects the soulheasterh fid side of. State High\\'a\; rennin! thence S. 38° 10' 40" E. along , said last mentioned land 286`feet A f i ,. i to the ordinary biull l5 arer in of t. Orient Flarhor: thence soil lh,•,•csl ? crl%.along theordinars•high vvatcr mark of Orient Harbor,on a.tie line course having a bearing of S. 470 30' 50" W. a ,.isiauct' 0f 1077;52 .feet i,1 land I'ornl, rll, of . Young now or;formerly of G: T. II 1 -Newman; thence N. 24° 04' 30" G kl W.along said last mentioned land IIl1�ll''_ C 39 1'eci to a monument and thea I[ southcasrerl\ side of Stale Fli;h III hence northcasterh all a II the Southeasterly Side o1' State P Highwal the following L\\o c. : 1 'On a ane 5 •scs�ano] dist O °I tout t II` j, I: •u•vc o the loftg hayin a radius of , I•, l curve t I 2325.01 feet a distance aloin:said curve of 958.11 fact:(2)N.24` 35' VIII 11' ' III F � I0" F. 166-29 I'ccl to the point ur I, place of hcrirtning' Containing b "Il 18.5 acres, more or less. H II r 11 h k NN II I p.m. .lpplo\•.rl ul' the I I J I�; IIII ', :II �' I rllin0l' subdivision o ro Crty of i p P h hI Peter Krell, located al �'4dLLll'IIC'k �I 'III II !; + VIII �I Town of Southold. C01111t)` of 1 I Is Suffolk and S-wie of New 1•'ork II I, I I bounded and 11CtiC'1-IhCd I h �1 U,J'I�: _ I - �.--� �'.'4i;' I �-G� � h II� e F t. I I - l u i I I N� I �i � VII I I• III I I n r— t,I I � I �; I I•III !IIII k I �++ I + I r l III I I I c k I �I( I I I ,I .IIIIII lows: AI';•''. i _ I I II� � r!PII k Irl IIII I II ; I., I I r l�l�f J II•I`h l -F I Beginning at apoint 0n the [�acertain I I I,�:+ �P 6 I II al,�t�,l^, I I'+IIII,• I I lypu Ir Fr,l4 t,i IIII I Ihrl l;'L� �I I II I�11"I�,1 LII �� I 5 N1 CatitCl'1\' 11170 OI PI certain .O 11.1 k r �;..k IH 14 h I ��IpI � I IIuu. I III :, FI II II 1; III II I I I it'll 1'Ight.ill-Way ll\Cr land of Pellet if II „J i r 1 I !'I f �• [+,..r�, I P. I risi I.,IIr pa�1111, I�I 1;:11 IiLI I +I IL:l`r h+ I I� �;I I 1 ''. V:III!: 930 feet. more or less. Kr(:h 1��11usaid „�l i1;1 II VIII,Lail Irl, Il, 1 Sllll[llAA CtitCl"1V' alllaIlne II�'hl Ill theyeSlClV Ilnc oil' IZCCAC, II �rIJ,': 4 I f I r I 1I!•[II 1 }i,�IS .�i",.F�', A>-II I s ,,r;1�1{1 t 1 °`'I't' I�,�I,I�111I,; I {I ,°I�'I,;l,I rl 11II�Il rtl i I{I� 111 , I:I k �; 6 r l;rhe 1 R rt @ Ir , I= y Illllr being tile ,; II I,'.1. I �.:� I.r ,,a�.,, k r�.:, I , r'�V'CI1IlC, ,said 1) p' � �t`" :.:� 1 ,hl.;r,�{ . :Ilii:.l* kr,p= a �I,�I t•:,I;.I,., ll°h ,II EI V i"llt'I,I�� ,�1�,.,1 131411 'I _ `..,' r l. �E `��: .�,, Ii14 � ... �.7 : .. _ 3�I. wuthvu_Stu 1v coil ncl of land Icon II � +II i �,L I �:L r , a° L ,t.,: I,•I f I i :� ,I �I� I r�.I r.[ ,I, .,r I ,t. rII, I l r,II .I 9y!j,iir .0SCG L\ said P lJKrCh't0 ROSa �P,,�II1I. Kreh.by,deed -dated 1976; run- !J��L , I�i I 1 �II i I � �,� •. I I I 1 I. �:,, •r".i�I ,I ning.,thence along said land of oRosaKreh 75 40'.:E:' 119:55 I e aloin !land of he Beit a 1 -._feet;thenc g Y i r � I E { � � F,I,! I , � I I I �• I II Irl ,; { 14 r;' 4 I,I'a III°k. V rII 41, ii,: r l l• 1 I two courses.. (1) "S. 16 51' E t ( ) II II 126.25 feet;thence-(2) N. 880 29' , l;: I I 11i , -„ .t., I. ,I:r „ feet• thence along r I_,II:I[ '91' - I' II,`.`' ,-I� :-Ju ', J 'I. L .,I 30 E. 84.50 ,_. g r 1 1 I� 111 ,' � kl .[I�I I I I�I I; . :. 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II.,I.KIwr1I �.Nw==PIS.r--�_,_u--�Ll)�:LL IWC Ilio IIII_ IIIIIII III IIIIIIIII . {'Ijll feet,thence(4)S. 84°50"50" W. 227 74 feet thencQS 4° 34 ' w P: 1::v i"�.;r, h� IIII �f04.4 840 50 50 W 30 44 feet ,thence {Ihll (7),S'. 4° 34'',20 ' W�''124 3'01',feet thence along land of]Folly Beach 'IIIIII Ltd three)courses'I;(1) (`184,° 50" k'llf 50 !.W 206:174 feet;''ti�eneer(2) M 6916 47 WI 191,Ifeet 'Ilen ;Ithce(3)N Ik 4°06'I WI 9b"fe`et(more or less to ordinary, 1}�ghr water mark of � IIFaq„ James I Cie„elf t)tleiice I)easterly r hgtll alongll said High water; mark 185 more dr (less,:I to land' 11, of IjS#oxig,Ithe'n m along”said ill lof qSltrong, two courses `( )S 40"06" +II ESl feet,l or'Iless� thence (2) lvl 147° l40 40 'I;E 52^3'feet h 'I;llrl thence Ialongsaid 54 foot �'1 0ght oft �IIIr'l wayshexlem lalrolye iiientione two Il ,Isrl ° i l courses (Ils)1� 75 4Q E SO feet Y' {hence (12) N 114'° 2U F ,118 26 IIID r LrP� 'Ir 'i i• I:II feet I.&the point of begmill y,lu Iprl°C .11 ontamtnlg 4171,1 acreIi s) mare �t Ilessi; AAS person desirixig Ito beI head on `the': above I natters'( 'q should) appear ail fhe'Itamel,hand '-I,II place above`:(sped ieil' I Dated June 17, 1977 BY ORDER OF THESOUTHOLD„TOWN'„ wIII PLANNING BOARD s' JOHN, I :KB Iil�rl , ''CH�IRMANI I I I I I' IIIII'l r 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 27th day of June, 1977, on the question of the following: 7:30 p.m. Approval of the minor subdivision of property of Appolonia Kirchgessner situated at Mattituck, Town of Southold, County of .Suffolk and State of New York, bounded and described as follows: Beginning at a point on the southerly side of a 35 foot roadway said point of beginning being the following two courses and distances from a monument on the easterly side of Camp Mineola Road, marking the northwesterly corner of land of Peter Kirch- gessner (1) N. 861 18' 00" E. 168.54 feet; thence (2) S. 850 38' 10" E. 85 feet; from said point of beginning running thence along the southerly line of said 35 foot roadway S. 850 38' 10" E. 512. 35 ',feet to land of James Norris Estate; running thence along said land S. 70 32' 40" E: 170. 54 feet to land of Haberman; thence running along said land N. 850 38' 10" W. 490.25 feet to a 25 foot right-of-way; running thence along said right-of-way and lands of Burns N. 140 35 ' 00" W. 176.43 feet to the point or place of beginning; and Beginning at a point at the northwest corner of the premises herein described, said point being S. 860 34' 20" E. 250.24 feet from a 'monument on the easterly side of Camp Mineola Road, marking the northwest corner of land now or formerly of Peter Groben; said point of beginning being the northeast corner of said land now or formerly of Peter Groben; from said point of beginning running thence along land now or formerly of R. D. Tuthill S. 860 34' 20"i E. 396.05 feet to land of Peters; running thence along said land of Peters S. 4° 21' 50" W. 187.05 feet to the northerly side of said 35 foot roadway; running thence along said northerly line N. 850 38' 10" W. 396 feet; running thence N. 40 21 ' 50" E. 180.58Ifeet to the point or place of beginning. Containing 3.61 acres, more or less. une,'1977,'on`the` estnon of the "icemar -� = _ _ - "situated at East p, Town o way=200.26 -feet, £hence.south :Kreh located;at Matt tuck following: _" Southold,-County of.Suffolk-and . west_erly =still -along the =nor:`, Town 7:30p.m.Approval of the minor State of New-York,,bounded and thwesterl _side of Stat of Souof Ne County bq Suffolk and subdivision of property of- Ap- , described as follows; Y e Highway State o£New_York,:bouniied and polonia Kirch gessne-:situated.at, Beginning_at a pgipt on the on the=arc of'a curve bearing to descriljed as follows: - Mattituck,- down-._of Sou.thold westei r line=of Ba =_ the right having a:radius= oL Beginning at ,a=point on==the Y y Avenue at 3259 QUeet a:distanee__alon = County=of Suffolk and State of .the northeaste•lY corner of=land - g said easterly line of a certain 50:foot _ curve Q-909 79_feefto-land now or `right_of-wa over-,land of=-' I -_New York,= bounded sad ,.of Traffics and a s6utheasterl =_go = = Y=- Peter Y - rmer-ly of G_.T iVewman,,for Kreh +930 feet, more or less " - descrieds follows >corner==of land_of the-W4shburn Youn - _ • - '. = = Beginning at a point on -the state_ rennin =th` = Y-- g, thence N--24 =southwesterly= along_==said -line g ence along degrees04'W0 W alo-k said last '`from thew= - - southerly side_o€ a 35-foot-road- said 1_and of Traffics S:56 de rees: = - = este-rly hne of $eeve - g mentioned lan_d and -land for =Averile, said;point=_bein =the way, said -point of--beginning 35' 20" W. 150 Ol feet, thence mer) _=of:Dan ` _ _ - -being_ he following two courses - Y,_ _forth, now or for southwesterly corner_ of land - -----gin _ along=-Elie several -lands=-of fnerlyof H.L.hicks theou hfour and distances.from a=monument Traffina, Schniidt�=-Dahncke = - g =_ conveyed by said Peter Kreh to on they easter-1 - - - - mbnum_ents 96 3Q feet to_the --`Rosa:Kreh by==deed:da e T y side_o Camp Racket, 1VIyles; Novak, Ari ordina hi h-=w - - _ --. t d 1976, - Mineola Read :=markin - _nary-_ g._= ,ter'mark of running along said lantl=o g =the -dersonjhiel,_Stan'-and =- f _Long Island-'=_Sound; thence Rosa_Kreh N.=_75 degrees 4o'".E: northweaterIy corner of land:of. _._S. 34 degrees:12 40;..E. 831:81- x�ortheasterr=salon t e or -_ FA _ Peterirchgessnez <(1) N_z86__- feet;=thence salon said=la y -, _, denary 119 55 feet, thence along land of g nd of high water mark of Long Island Leydon,-two 'c rses degrees-1>i' 011" K 168.54 feet, KranchexN..55`degrees-47'20"E Soon - _pu__,=• _(1) S 16 thence-:(2),5 85-deees 38x1013-E.- 130 feet,to`sal don a�t�e line course of N:_62 degrees 5L'E 3--2-6.25 feet h d westerly-line of degrees;-59 20"_-E a-distance=of- (2) N.'88 d , t-_ence "-degrees 29' 3o" E 84.-50 85 feet, from said=point =b� Bay Avenue;-thence,;along `said $38 31 feet_to:-land formed _'of_ feet beginiung running thence along ` .westerly hne S-34 degrees 1�'=40"= CStep — Y= - thence :along -land of harles S henson now -:or F'econic Sands, rine. seen the souther) line of__s_aid 35_foot E 25 feet, thence alongland now formerly of TSte henson a y' Y p Beach, °:courses; (1) S=4 d '' `_E. { -roadwayS. 85 degrees 38' 10" E -or form_erly of Washburn, tlirQe _I_nc.; thence;S'38 de - --"S,49 512 35 feet torr land: of James� courses:(1) 5.55 de rees'47'20" grpes 10' 40" 2593 _feet, thence _(2) g .- E along said= last mentioned degrees 10 W;50 feeE thence 3 Norris =Estate; running thence W. 200 feet, -thence (2) N. 34 Mand _tlirou h a t ) a - - - - - along=said land;S 7`de rees=32 g=_. monument foil S 4 =degrees-49'= E. 60.17 - - - - - - - g ' d_egrees_ 12'=40" W _131`.70 feet; '_ feet to. -t feet; - - - - 40" _E. 170.54-:feet to land th - - ---- _ -_- - he point or `place- _of thence_(4)5..84 degrees 50'50"-W: { a d of ence(3)S.55 degrees 47'20"W. beginning. _ = Haberman, thence running along 196.74-feet to=land_of'Radford 227.74 feet; `thence` (5) 5,_ 4 -asaid - - said land ong _ari o_Ra ord . _ - - ee ; - - on the southeaster)=side - 490.25 feet-to a-.25 foot ri ht-of== four eourses g .. (1)-N. 29-degrees H Y of State thence_(6)5.,84degrees50';50''W. Y , „ nghway where the division=line 30: Y way;=running- thence along said 23 20 :W. 45'4:60 fee t 44 feet;.thence(7)S._4-de reel_ - t, hence (2) between remises here' T. 7a • - - - _ _ _ _ ..- -- - -_ right-of-w,7 and, Burn N.56 „, p mafter 34' 20','_ W. 1.24.30 feet-, s egrees 35 20 E.40:55 feet, described remise thence ; S1 - _ f N 14=:degrees 35. 00 _W. 1 then _ p s forrrlerly of; along land-of Polly - 76.43 ce (3) N. 34 degrees-l2- 4Q.. - -_ 1 y ,Beach,Ltd., a feet to the Charles-S. Stephenson, -now=or three - ___ e point.or- place -of_ W. 325 feet;_thenc_e '(4 -'N ` _ courses(1)`S 84°degrees 50' - - = beginning; ;; )_ 56 formerly of-$te henson Beach 5 " - - - -- _ an - de rees 35=20- _feet; thence (2 N. - d - - Inc.,.intersects the south" 06.7 g . E. 318:01 feet to I _• Beginning at a point at the said westerl line of Ba - � Y, Y Avenue•>. .• gi - d gr'ee_s 47-W. 191'feet; thence 0 f ,_easterly 69 northwest corner of the remises thence-aloe paid' '_ de of State Highway; running (3) N, 4,degrees.o6' W.. 90 feet a-0 -. P _ 6:_ westerly line-S. thence S 38 de ees=i - - - - 9 r. �. - mmpi�� herein described,said point,hein 34vde rees l2',40". E- _ _ 0 44 E._ more or less, to ordinar ,hi h - S.86 d g - ,_g '19.97 feet to along said'last mentioned -land water, Y g egrees 34 20 E.250.24•feet the point of beginning.Containin sg r mark-;of James Creek; easterly cres minar - n said i ;� AIDfrom a >y '. - ore or less. water- ma - g - - side of Cam Min_ mark of=,Orient Harbor; water_m_ark 65-fe � - ` _ -•_ �. s - Camp-Mineola Roed 800,-p.m. = Approval- of- the the ` et,-more or less, Eq} aui a o mar n r"e_li roar ace southwester) alon °i • • . . ��.�. - - ;aQ o} UJGA% -- - lti_g the northwest corner of _ p= -m, y map of subdivision Y g-_the to�land of Strong,=thence along water mark .of said land:of Stron two -' _ land--now or formed. ordinary high y of Peter known as _ Bnonn loid b the- g, courses: Groben; said point g-- ` Y- 0nent_Harbor on a tie line course . _ (1) 'S: 40-de p_ t of beginning Sea", =owned_by=Charles =Rand eet; - - -6i- __ ; , being the northeast corner of said and=-locate` havinga bearing.of S.-47`degrees more or less'--thence 2 N d- at East . Marion, 30' 50'-' W. a di tan , , „ { ) 47 ;�' �tip�. land now, or -former) °of Pe- Towm- s ce-of 1077:52- degrees_ 40 -40 E. - y_ ter _ of Southold- County of 523 _feet; - r a Groben = from= �' feet to land formerly of Young thence along said - �o �utauetuuioo aeiss --_ Point-of Suffoikand State of New_York'-` - g a 50 foot right-of- - I asses beginning running thence aloe - - no-w or. formerly .;of G.1` way here in above mentioned t sa�aaM - g kiounded and= described as Newman thence- Wo ' •10; '31a®m � land now--or--formerly= of-R-.D, -:follows;=_ -.-.•_ N 24:-degrees courses;.(1)_N 75 degrees 40' =' Li na ui ,auo h g E. Sao[?.L A[xaa p Tuthill 8fi-de ees=34' 20" T =P r 04 30">W: along_said last men- `50 feet;--thence (2) N. 14 tltr! aIi ;;ri - a cele3. Beginning-at a point tioned land 39 fe-et`to a monument 20' W: 118; 6 feet to degrees S � � aK.} u� 1?aKsrlgnd uaaq spy •fid � 396.05 -feet to -land of Peters.--------- o&--the northwesterly side.o£State- he- point.of Muud=u st running thence along said land Highway=, at the= soutizeasterl 'and' the southeasterly side of beginning. Containing 4.78 acres, pexauu�aq} �3lqA ;® `sag}o.0 aq} }a Peters, 4 degrees 21':50" W, corner _"of =thepremises` y State Highway; thence nor-_ more or less. _3 Ins ui •}zoduaaa pun .�}unoa g= - - = _ theasterl-y along the Any person desrin to Rq - -187.05-feet to the northerly side of hereitifter described, said-point` south :� }� pagst nd aadadsnnag n •• easterly side of-State High= on.the_above matter be heard _ 3I'I03� a r -- said 35 foot roadwa rennin bein - ter-should=a"- -{ ils M 3a zegnign goNOTICE: _ Y;- _g Where the division line way the following two courses- pear-at the time.' d LEGAL thence ,]ong said:northerly line bet, fr, .the =hereinafter _ and.place-above and distances:_(1) On a:'_curve'to- specified:- -_- 'UIWAS Ain 5u[ . . . . • . 1 Notice of Hearing N 85 degrees 38'.10"W.=_396 feet; described=-premises_ and land _> P .eq NOTICE-IS-HEREBY GIVEN runningahence N 4-de=rees 2i' fofineri"= - tlib left having a_radius o-f 232s;oi = Dated, June 17 1977 g _ _y of Charles -S. feet a distance.along_said curve = that pursuant to-Section 276 of the 50=' E. 180.58 feet to the_point or Stephenson, now or=formed _ BY ORDER OF - -__ - Town Law,_ ublic hearings place of``be main - Y of 9f 958.11 feet;-(2)-&..-24 degrees THE SOUTHO D _ - p g g� _ , g -Con_ taining St6plienson Beach,_' Inc., in 35' 10'' E-.-166.29 � TOWN be held by the Southold Town 3:61 acres; more or less; tersects the=northwester) feet-to the point PLANNINGBOARD v_ Planning Board at the Town Hall, 7:45 p.m.A royal of the State y_side of or place of beginning: Containing- JOHN - PP minor Highway;=running thence S. 1B.6 acres°=-more or 1' WICK=HAM, Main Road;Southold, New York,. subdivision of property+ of the 24 degrees 35,-10" W. alon ' ess: CHAIRMAN 1 in said town-on the 27th:day of Estate of- Walter Washburn' no thwesterl si g the 8;30 p.m.Approval of the minor 1TJ23-2752 - - -y-,side of State High _ subdivision of: ro er -- _ _ _ P- P ty='-of Peter- - J Public Hearing Noite � Page Two 7:45 p.m. Approval of the minor subdivision of property of the Estate of Walter Washburn situated� at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the westerly line of Bay Avenue at the northeasterly corner of land of Traffica and a southeasterly corner of land of the Washburn Estate; running thence along said land of Traffica S. 561 35 ' 20" W. 150.01 feet; thence along the . several lands of Traffica, Schmidt, Dahncke, Rackett, Myles, Novak, Anderson, Thiel, Stan and Krancher S. 34° 12' 40" E. 831.81 feet; thence along said land of Krancher N. 550 47' 20" E. 150 feet to said westerly line of Bay Avenue; thence along said westerly line S. 340 12 ' 40" E. 25 feet; thence along land now or formerly of Washburn, three courses : (1) S. 550 47 ' 20" W. 200 feet; thence (2) N. 340 12 ' 40" W. 131.70 feet; thence (3) S. 55° 47' 20" W. 196.74 feet to land of Radford; thence along said land of Radford four courses: (1) N. 290 23' 20" W. 454. 60 feet; thence (2) N. 560 35 ' 201', E. 40.55 feet; thence (3) N. 340 12' 40" W. 325 feet; thence (4) N. 560 35 ' 20" E. 318.01 feet to said westerly line of Bay Avenue; thence along said westerly line S. 340 12 ' 40" E. 49.97 feet to the point of beginning. Containing 4.023 acres, more or less . 8:00 p.m. Approval of the preliminary map of subdivision known as "Brionngloid-by-the-Sea" , owned by Charles Rand and located, at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : Parcel 1. Beginning at a point on the northwesterly side of State Highway at the southeasterly corner of the premises hereinafter -described, said point being where the division line between the hereinafter described premises and land formerly of Charles S. Stephenson, now or formerly of Stephenson Beach, Inc. , intersects the northwesterly side of State Highway; running thence S. 240 35' 10" W' along the northwesterly side of State Highway 200.26 feet; thence southwesterly still along the northwesterly side of State Highwaylon the arc of a curve bearing to the right having a radius llf 2259. 01 feet a distance along said curve of 909.79 feet to landlnow or formerly of G. T. Newman, formerly of Young; thence Public (Hearing No �e Page Three N. 24° 04' 30" W. along said last mentioned land and land formerly of Danforth, now or formerly of H. L. Hicks, through four monuments 926.30 feet to the ordinary high water mark of Long Island Sound; thence northeasterly along the ordinary high water mark of Long Island Sound on a tie line course of N. 62° 59 ' 20" E. a distance of 838. 31 feet to land formerly .of Charles S. Stephenson now or formerly of Stephenson Beach, Inc. ; thence S. 381 10' 40" E. along said last mentioned land, through a monument 400 feet to the point or place of beginning. Parcel II. Beginning at a point on the southeasterly side of State Highway where the division line between premises hereinafter described and premises formerly of Charles S. Stephenson, now or formerly of Stephenson Beach, Inc. , intersects the southeasterly side of, State Highway; running thence S. 38° 10' 40" E. along said last mentioned land 286 feet to the ordinary high water mark of Orient Harbor; thence southwesterly along the ordinary high water mark of Orient Harbor on a tie line course having a bearing of S. 470 30 ' 50" W. a distance of 1077.52 feet to land formerly of Young now or formerly of G. T. Newman; thence N. 24° 04' 30" W. along said last mentioned land 39 feet to a monument and the southeasterly side of State Highway; thence northeasterly along the southeasterly side of State Highway the following two courses and distances: (1) On a curve to the left having a radius of 2325.01'ifeet a distance along said curve of 958.11 feet; (2) N. 24° 35 " 10" E. 166.29 feet to the point or place of beginning. Containing 18. 5 acres, more or less. 8:30 p.m. Approval of the minor subdivision of property of Peter Kreh, located at Mattituck, Town of Southold, County of Suffolk and _State of New York, bounded and described as follows : Beginning at a point on the easterly line of a certain 50 foot right-of-way over land of Peter Kreh 930 feet, more or less, southwesterly along said line from the westerly line of Reeve Avenue, said point being the southwesterly corner of land conveyed by said Peter Kreh to Rosa Kreh by deed dated 1976; running thence along said land of Rosa Kreh N. 750 40' E. 119. 55 feet; thence along land of Leyden, two courses: (1) S. 16° 51 ' E. 126.25 feet; thencei(2) N. 880 29' 30" E. 84. 50 feet; thence along land of I Peconie', Sands, Inc. , seven courses : (1) S. 40 49' E. 255.93 feet; r Public Nearing No-�- e g Page Four thence (2) S. 85° 10' W. 50 feet; thence (3) S. 4° 49' E. 60.17 feet; thence (4) S. 84° 50' 50" W. 227.74 feet; thence (5) S. 40 34' 201' , W. 30.44 feet; thence (6) S. 84° 50' 50" W. 30.44 feet; thence (7) S. 40 34' 20" W. 124. 30 feet; thence along land of Folly Beach Ltd. , three courses: (1) S. 840 50' 50" W. 206.74 feet; thence (2) N. 691 47' W. 191 feet; thence (3) N. 40 06 ' W. 90 feet, more or less, to ordinary high water mark of James Creek; thence easterly along said high water mark 85 feet, more or less;, to land of Strong; thence along said land of Strong, two courses; (1) S. 400 06' E. 35 feet, more or less; thence (2) N. 47° 40' 40" E. 523 feet; thence along said 50 foot right-of-way i herein above mentioned, two courses: (1) N. 750 40' E. 50 feet; thence (2) N. 141 20' W. 118.26 feet to the point of beginning. Containling 4.78 acres, more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: June 17, 1977 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, JUNE 23, 1977 AND FORWARD FOUR AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD T0�51 PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on June 17, 1977 : The Suffolk Times The Long Island Traveler-Watchman Abigail Wickham, Esq. Charles Cuddy, Esq. Charles Rand Peter Kreh Supervisor Albert M. Martocchia :I� y IIII gill Tune 1, 1977 a 765 °1938 ,SII 'il �II III I SII' E Charles Cuddy, Esq,. � I ih 103 East Mai`. Street Riverhead, 'New York 11901 �Ii Bear Mr. Duddy Eli of%I The following action was taken by the Southold Town Planning Boal. at a regular meeting heli: May. 23, 1977. SOLVED to grant sketch, plan. approval to the map of the Walter Washburn Estate at East Marion, said map dated Ip' May 3, 1977 and hold a public hearing on same. I I am scheduling this matter for a public wearing on June 27, 1977 and will send you a copy of the legal notice when I have prepared it. l l Ilt - Yours truly, .{ I'F I' l �I i Muriel Brush, Secretary I it 11 ;I I` l II I APPLICATION FOR APPROVAL OF PLAT To the Planniing Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) 4ftff -) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations o€ the Southold Town Planning Board, and represents and states as foilows: 1. Tlie 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 . .Minor Subdivision of Walter .. .. . ..... .. . W aLibitrn: $state,..F.slstmaxipki,..NY. . . .. . . . . . . ... . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) (note photocopy description portion of Van Tuyl letter) 4- The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .. . . .. . . .. .. . . . . .. .. . . . Page . . . . . --. .. . . . . .. . . . . . . . On . .. . . :... .. ... . .... . . . . . ; Liber Page . .. . . .. . . . . . . . . . . . . . . . On . ... . .. . . .. .. .. . . . .. .. . . ; Liber . .. . . .. . . .. .. .. .. .. . . .. . Page . ... . . . .. .. . . . . . . .. . . . On • Liber . .. . . .... .. .. . . .. .. . . .. . Page . . . . . . . . . .. . . .. ... . . . . On . .... .. . . .. .. .. .. . . . .... ; Liber Page . .. . . . . . . . . . . . . . . .. .. . On as devised under the Last Will and Testament of WalteY WaShl1uYn or as dOMMUZ& . . ExenuZor. ..'. Estate_•of .Walter.Washburn. . . ._____ .. .. . . . . .. .. .. . .. . . . .. . . .. .. .. ..... .. . . .. . . . . . . . .. . . .. .. . . . . . . .. .. .. .. . . ........ . .. . ....... .. .. - 5. The area of the land is . . .e 023. . acres. 6. All taxes which are liens on the land at the date hereof have been paid except ... .. . . .. . real property taxes 1976-77 . . . . . . .. ... . . . .. •--- .. .. .. .. . . _. . . ... . . . ... . . . . ... . . .. .- . .. . . .. .. . . . . . . .. .. .. .. . . . . . .... . . . . . . ?. The land is encumbered b7 . . . . no. . . . . . ... . . . . . . ... . . . .. .. .. .. . . ........ . ... .. . mortgage (s) as follows: (a) Mortgage recorded in Liber . . ."-. . . . . Page . . . .. . . . . .. .. . . . . .. . in original amount { of $. . . . . .. . . . . . . .. . unpaid amount $. . . . . . . . . . . . . . . . held by . .. . . .. .. . . . . ..--. . .. . . . . . I . . . . . . . . . . . .. . . . . . . .. .. .. . address . .. . . ... . . . . . . . . .. . . . . .. .- . . - • - .--- . .... . .. . . .... . . . . (b) Mortgage recorded in Liber . ----- - -- - Page . . . . . . ... . . . . . . .. .. . in original amount of $.i.. . . .. . . .. . .. . . unpaid amount $. .. . . . . . . . ... .. . held by . . .. . .. . . . . . .. .. .. . . . . .. . . . . . .. . . . . .. .. .. .. . . . . . address . . . . . .. . . . . . . . . . . .. .. . . . . . .. . . .. .. . . . . . . . .. . . .. . . . . . . . (c) Mortgage recorded in Liber 7.7. . . Psge . . . . . . . . . . . . . . . .. . in original amoaai of S.'L . . . . . . . . . . . .. . unpaid amount $. . . . . . . . . . . . . . . . held by . . . . . . . .... . . . . . . . . . . . . . . .. . . . . . . .. .. . . . . . . . . . . . address . . . . . .. _ . . . . . . . . . . . . . . .. . . .. . . . . ... . .. . . . . . . . . . . . . . . . . S. There are no other encumbrances or liens against the land except p.ostsible. . . ... . .. . . . . . estate taxes ... . . . . . . . . . .. . . . . . .. . . . . . . . . . . .. . . . . _ . . . . . . . . . . . .. . . . . I . .. .. . . .. . . . . . . . .. . . . . . . . 9. The land lies in the following zoning use districts -Agricu3tural. .Reside.ntial A . .. . . .. . . .. .. .. _ .. .. .. . . . .. .. . . . . . . . . .. .. . . . . . . . . .. . . .. . . . . . . .. .. . . . . . .. .. .. . . .. . . .. . . . 10. No part of the land lies under water whether tide water, stream, pond seater or otherwise, ex- cept . . . . . .LIQ'ne.'. .... . .. . . .. . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. ... .. . .... . .. . . . . . . .... . . . 11. The applicant shall at his expense install all required public improvements. 12. The Land XWK-)-(does not) fie in a Water Disrrict or 'Water Supply District. Name of Dis- trict.lif within a District, is . . . none 13. Zi ateIr mains will be laid be . . . none — water from individual wells . . .. . . . . . . .. .. . . . . . . . . . . . . . . . . and (a) (no) charge «i11 be made for installing said mains. 14. Electric lines and standards will be installed by LILCO . .. . . . . . . . . . . . . .. . . . . . . . . .. . . .. .. . . . and YF47(no) charge will be made for installing said lines. 15. Gas mains will be installed by . .. . - .none . . . .. .... . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . and (a) (no) charge will be made for installing said mains. M. 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. 1;. 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 sliow same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets u-hich 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 0 the Real Property Law. 2i. Subt a copy of proposed deed for lots showing all restrictions, covenants,, etc. Annex Sche ule "D". P2. The iapplicant estimates that the cost of grading and required public improvements will he $. . 7:'.-_- as itemized in Schedule "E" hereto annexed and requests that the maturity ai the P�erformance Bond be fixed at . .. .. .. . . . . . years. The Performance Bond will be written b; a'I licensed surety company unless otherwise shown on Schedule "F". DATE . . . .April. .l1 . .. .. . . .. 19.77 .Will.iam.F;.. .$P-brLever-Executor-Estate of (Name of Applicant) Walter Washburn (Signature and Title)Williatn W. Schriever, Executor (Address) j STATE OF,NEtiV YORK, COUNTY OF . .. . . SUFFOLK ss: On the . . . . . J/:. .. .. .. . day of - ..April__ ,, ___. . . . . •, 19. .7.7., before me personally came William W. Schriever-Executor . . to me known to be the individual described in and who executed the; foregoing instrument, and acknowledged that . ...he. . . . .. . executed the same. Notary Public RLLS P.. C Y jj TAWf Fl7BLC, State . New 'fir No. 53:587 [25 - S^-�.olk 45 - onmisslwn Expires N,atck� u®r 1=i2 STATE OF 'NEW YORK, COUNTY OF . . . . . .... .. .. . . . . . . .. .. .. . . . . .. .. . ss= I On the . ..i.. .. . . . . .. .. .. . day . .. ...... . . .. . of . . . . . . ... .. 19. ... . .. before me personally carne • . .. . . . . . . . . . . . .... .. . . .. .. . .. . . .. . .. . . . .. . . . . .to me known, who being by me duly sworn did de- pose and say�that . .. . . .. .. .. . resides at No. . . . ... .. . . . . . . .... .. . ... .. .. . . .. .. . .. .. ... . . . . . . . . . . . . .. .. . . . . .. :. . . . . . . .. . . . . . . .. . ... . . . . . . .. ... . . .that . .. .. .. . . .. . . .... . . . . .- .- . is the . . . . . . . .. . . . . . . .. . . . . . I'I .. . 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 corpor- ation, and thlat . .. .. .. .. .. . signed . .. . . . . .. .. .name thereto by like order- . ........ .... .. .. .. .. .. ..... ..... .. .. .. . Notary Public OTTO W. VAN TUYL RODERICK VAN TUYL Reg..Protessional Engineer '. -�- Lxe sed Land S�,-,.riLicensed Land Surveyor Phone 4771467 Phanc 4777606 RODERICK VAN TUYL, P. C. - rROUT STREET AT 14AiN - GREENPORT, NEW YORK 11544 PHONE 477-0170 March 22, 1977 DESCRIPTION: Minor Sub-division of Walter Washburn Estate, East Marion 'Beginning at a point, on the westerly .line of $ay Avenue at the northeasterly corner of land o f Traffica and -t0v southeast- erly corner of land of Washburn Estate.; running thence along said land of Traffica, S. 56 351 .2011 W. - 150.01 feet; thence along the several lands of Traffica, Schmidt, Dahncke, Rickett, Myles,;,Novak, Anderson, Thiel, Stan; and krancher, q. 34 12' 40" E. - 831 .81. fest; thence along said land of Krancher., N. 550 47' 2011 E.' - 150.0 feet to said wes8erly line of Bay Avenue.; thence along ,said westerly line, S. 34 12' ,4,0" E. - 25.0 feet; thence along land' now or formerly of Washburn,, three courses: (1 ) S. 550 47' 20" W. - 200.0 feet; thence '(2) 1% 340 12' 40" W. - 131 .70 feet; thence (3) S. 550 47' 2011 W. - 196.74 feet to land of Radford;thence along said land of Radford, four courses: (1 ) N. 290 23' 2011 W. - 454.60 feet; thence 1(2) N. 560 35' 2011 E. - 40.55 feet; thence { (3) N. 340 12' 40" W. - 325.0 feet; thence (4) N. 560 35' 2011 E. - 318.01 feet to said w8sterly line of Bay Avenue; thence along said westerly line, S. 34 12' 40" E. - 49.97 feet to the point of beginning. Containing 4.023 acres. I / � RODERICK VAN TUYL, P.C. RVT/mg To: M.rI_ William Schriever SCHEDULE A �\ . October 159 . �/ « �\ :! Mr, William Schriever � ! Main Road Orient, new York 11957 �) !w' : Washburn proy � Dear Pb , Schriever: � nm to your request to subdivide e Ace « . w property along with that of Mr. Radford into aseven lot : minGrsubdivision, I havebeen instructed by the Planning . Boarde site to you the definition U amina subdivision. "MINOR SUBDN 20 - Any subdivision containing not . more than tour (4) lots fronting on an existing street or t requiringteextmmon of municipal facilities, and -not adverselyaffecting the development o the remaindero the parcel or adjoining property and not in conflict wt any provision or portion of the PlasterPlan, Official » or Zoning Ordinance, if such exists, or these mea _R » Yours truIy, Muriel Brush, Secretary Henry St. George S{ 13 Appleby Lane Bethpage, VY `F II March 10, 1983 Mr. Henry Raynor, Jr. Chairman Southold Town Planning Board Southold, IN Dear Mfr. Raynor ` I would like approval from the Planning Board, if it is required, for the location of a driveway for a house I am building in East Marion. I think that this is a routine matter, and I hope that you will respond as soon as possible so that we can proceed with the work. The house is almost complete and we are eager to move in. I left copies of the deed and map with Mrs. Long. I plan to put in a gravel and stone driveway 12 feet wide, beginning at 19' from the NE corner of my property and 9 ' from the NW corner. The driveway will be 155-160' long in a straight line, and then proceed from that point to the house itself, approximately another 13Q ' . !I This proposed driveway does not, in any way, interfere with wr the right of way for emergency vehicles, which I plan to keep open and clear. May I hear from you at your earliest convenience. ai e, Sincerely yours, �` H George I YI �: i � i I , SII I�I. Y ' I `I $ y. VffEg f _5 f: Main Road Cutchogue, New York 11935 March 10, 1983 -- Southold Town. Planning Board Southold Town Hall -Main Road Southold, New York 11971 Dear Sirs: RegardiMix.r. Davis ' inspection and report of the right-of- way to the existing minor subdivision known as "rut ' s Acres" , I feel a letter is necessary to obtain the Planning Board' s attention so that the issue involved can be clearly identified for what it is and what it is not . Up to this point the mat- ter has run an inappropriate course only to become confused and associated with other issues properly of the Board' s responsibility but which have no relavance in this specific situation. The right-of-way from Route 25 into "rut ' s Acres" and up to the property on which a home has now been constructed was formally approved by the Town in 1975 as a basis for the Planning Board's approval in 1976 of this four lot minimum subdivision. A letter evidencing approval by Howard Terry of the improvements made by contractor Raymond Nine in ac- cordance with the then prevailing specifications is in the Board ' s file . Affidavits of these two persons could be ob- tained should there be any reason to challenge the approval. Nothing has changed in the intervening years because of nature or use , other than the presence of some grass from lack_ of sufficient traffic to keep it down. Accordingly, this matter -- should .o i properly be concerning the Planning Board and should not have called for an inspection in the first place. The roadway remains as it was originally approved by the Town. The only change is that the eastern two parcels have been pur- chasea, one of which has gone back to farmland and the other containing a new house . If the Board should now accept IVIr. Davis ' report and thereby, years later require significant new road work_ to be done. it , in reality, would be arbitrarily withdrawing the Town' s ap- proval of the right-cf-way. Such action would create a clear cut detriment to the innocent purchaser of the first .part of this 'subdivision to be sold. This, surely, does not serve any useful purpose for the Town of Southold. If anything, it would,' serve to defeat one of the very purposes of requiring approval in the first place of the work done on this subdivision. j Southold Town Planning Board IVlarch 10, 1983 Page 2; f This is not one of those cases of long-in-use rights-of-way which were never subject to specifications at their origin and where the Planning Board can only exercise its more recent requirements when a new potential user appears on the scene. The right-of-way to "Tut ' s Acres" was approved by the Town under its own specifications and before any use tf or :sale of the parcels. I respectfully submit that the right-bf-way is legal as it stands according to the facts and that no further action is re. auired. Very truly yours, Constance Cross CC :nam Copy ;to Wiir. Victor Lessard I DECLARATION AND AGREEMENT I WILLIAM W. SCHRIEVER, as Executor of the Estate of Walter W. Washburn, and ERNEST C�. RADFORD, as surviving tenant by the entirety, being the fee owners of a common right-of- way with a private road constructed thereon, hereinafter referred to as the "Road" which premises are hereinafter described as Schedule "A", and GEORGE G. LONG, SUSAN E. LONG, �E WILLIAM W. SCHRIEVER, as Executor, ERNEST G. RADFORD, as i surviving tenant, STUART ANDERSON, MIRIAM ANDERSON, GEORGE W. I SMITH, BARBARA MARIE SMITH, PHILLIP H. KOCH, and MARIE F. KOCH, being all of the owners of eight lots abutting the Road and depending on 'it for access, hereinafter referred to as the "Lots" which are hereafter described on the schedule annexed hereto, for the purpose of providing for the ownership, main- tenance and improvement -ef said Road, do hereby declare for themselves, their respective heirs , executors , administrators , successors and assigns , in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the entire premises described herein, including both the Road and the Lots abutting thereon, shall hereafter be subject to the agreements, covenants and restrictions enumerated herein which shall be considered real covenants running with the 4and ---- and binding upon all purchasers , owners , mortgagees , lienors and such other persons acquiring an interest in said premises , and do further covenant and agree as follows : i (1) That a mutual non-profit corporation under the laws of the State of New York shall be formed having, at least initially, eight memberships, one for the owner or owners of each of these eight Lots . The Certificate of Incorporation of this corporation shall specify among the purposes of the corporation the ownership, maintenance and improvement of this Road together with the transaction of such other business as may be permitted by law. (2) That immediately upon the organization of the corporation, William W. Schriever, as Executor of the Estate of Walter W. Washburn, and Ernest G. Radford, as surviving tenant by the entirety, together the fee owners of the Road, i shall convey title thereto to the corporation. l i = i a r V (3) That the by-laws of this corporation shall provide: (a) Ihat each such membership shall be entitled to one vote at all elections and on all matters that may come before a meeting of the corporation, with it being specifically stated that should any two or more member- ships be held by one owner o$" group of owners, said owner or owners shall be entitled to as many votes as the number of Lots which he or they own. (b) That the affirmative vote of a simple majority of the total membership of such corporation shall be required for the conduct of the business of the corporation with voting by proxy permitted, and that no assessment of the membership shall be voted at any meeting unless the call of the meeting shall state the amount of the assessment to be voted on and its purpose. (c) That the corporation shall have the power to assess the owner or owners of each Lot an equal share of the cost of any improvements or other necessary services to the Road as voted by a simple majority of the total membership. .at a meeting called for such purpose; acting in the same manner the corporation shall have the power to assess a particular tot owner the cost to repair damage —�— to the Road caused by activities specifically related to his particular Lot; such assessments by the corporation shall be a charge against the Lots of the respective members until the assessment is paid in full; the corporation shall have the right and power to bring actions against the owners of a Lot for the collection of such charge and to enforce the lien therefor. (d) That in the event a proposal is made to the corporation to extend the Road to provide access to lots not then abutting the Road, the corporation, by a majority vote of the total membership at a meeting called for such purpose, may reject such proposal; but, if such (2) li " al'proposal is made by either the Planning Board or the Town Board of the Town- of Southold and is refected by the corporation, the corporation shall then offer to dedicate the Road to the Town of Southold. f (e) That the corporation may be dissolved by the I affirmative vote of two-thirds of the total membership at a meeting called for such purpose; and in that event the corporation shall offer to dedicate the Road to the Town of Southold. If the Town of Southold refuses to accept the Road in dedication and the corporation is dissolved, then that portion of the Road to its center-line abutting any lot shall revert to the owner of said lot whether such lot is represented in this Agreement or not, and the entire Road shall be burdened with a common easement running in favor of each Lot owner then represented in tris Agreement or then owning a portion of the Road in order to assure him access from Bay Avenue. (4) William W. Schriever and .Ernest G. Radford shall sign the Certificate of Incorporation as incorporators . The incorporators shall adopt the initial by-laws and shall endeavor to secure corporate approval and ratification of this 'agreement through the corporate directors and officers, it being understood that any act or promise to be performed by the corporation is subject to the approval of a corporation through its duly constituted directors and officers after incorporation. (5) That the right and privilege to use the Road described herein shall be an easement attached to each and every Lot represented in this Agreement, now or in the future. However, each Lot owner hereby covenants and agrees that in the event the corporation proposes to dedicate the Road to the Town of Southold and the Town of Southold accepts the Road, any required release or other instruments necessary to complete the dedication of the Road will be executed by such owner without delay. (3) i I II (6) That in the event an additional -lot is created by subdivision of one or more of the Lots represented in this ; Agreement or access to a lot abutting the Road but not repre- sented in this Agreement is proposed such lots shall be granted membership in the corporation under the same terms and condi- tions as each of the existing memberships including the re- � quirement that this Agreement be on record and that such lot or lots be burdened with the covenant and agreement herein as a covenant running with the land. The owner or owners of each such lot granted membership pursuant to this agreement, shall, as a condition of membership, execute any instruments required to give effect to this agreement. (7) That the foregoing covenants and restrictions are intended to cover the described real property only and are not to be extended to any other property of the parties hereto unless this Agreement is on record as a covenant t running with said property. (8) And that invalidation of any one of these covenants , in whole or in part, by judgment or court order or otherwise, shall not affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto ham set their hands and seals this day of October, 1977 . George G. Long Susan E. Long William W. Schriever, Executor Ernest G. Radford 'Stuart Anderson Miriam Anderson George W. Smith Barbara Marie Smith Phillip H. Koch Marie F. Koch (4) ry STATE OF NEW YORK ) COUNTY OF SUFFOLK On the day of October, 1977, before me personally came GEORGE G. LONG and SUSAN E. LONG, to me known to be the individuals described in add- who executed the foregoing instrument, and acknowledged that they executed the same . Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss. : On the day of October, 1977, before me personally came WILLIAM W. SCHRIEVER, to me known to be the individual described in and who executed the foregoing i instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss . : - On the day' of October, 1977 , before me personally came ERNEST G'. RADFORD, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss . : On the day of October, 1977 , before me personally came STUART ANDERSON and MIRIAM ANDERSON, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss . : On the day of October, 1977 , before me personally came GEORGE W. SMITH and BARBARA MARIE SMITH to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public -5- E Ti _._. • STATE OF NEW YORK COUNTY OF SUFFOLK ss. : On the day of October, 1977 , before me personally came PHILLIP H. KOCH and MARIE F. KOCH, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. h Notary Public r i I r i I I -6- r �1 SCHEDULE "All BEGINJING at a pjiuL oil the westerly line of Bay Avenue about 650 feet southerly along said westerly line from Main Road, said point of beginning being the souUhoa,3L:L'L'ly corner of land of Koch; proceeding along said westerly line of Bay Avenue Che following two courses: (1) South 29 degrees 06 minutes - 40 seconds East 9.04 feet and (2) South 34 degrees 12 minutes 40 seconds East 40.99 feet to land uf -Loug;,_thencw along said land of Long and land naw or fortaerly of Walter W. Washburn the following three courses. (1) South 56 degrees 35 minutes 20 seconds West 293.01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300.00 feet, and (3) South 56 degrees 35 minutes 20 seconds West: 50.00 feet to land of Ernest G. Radford; thence along said land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds West 300.00 feet; thence along said land of Anderson South 56 degrees 35 minutes 9() West 97.98 feet to other land of Radford; thence along Ft l /last mentioned 747A:P1 said .land of Radford North 28 degrees 22 minutes 50 seconds West 56.19 feet to land of Smith; thence along said land of SinlLh and lands of Koch North 56-degreas 35 minutes 20 seconds East: 436.69 feet Cu the westerly title of Bay Avenue and the point or place of BEGINNING, containing 0.8476 acres. . SUBJECT 10 a cownion# right-of-way over the entire promises. r ------------- DESCRIPTION OF0 F W L T .a 0 S I V A IBURN SUBDIVISION BEGINNING 6t a point on the westerly line of Bay Avenue about 700 feet southerly along said westerly line from }Iain Road, said .point of beginning '. ••': : being the point of intersection of the southerly line of a right-of-way now or formerly owned by Walter W. Washburn and the westerly line of Bay Avonue; proceeding along said westerly line of Bay Avenue South 34 degrees 12 minutes 40 seconds Last 24.97 feet to land of Traffica; thence along s said Iand of Traffica and land of Schmidt the following two courses: (1) + South 56 degrees 35 minutes 30 seconds West 150:01 feet and (2) South i i �. 34 degrees 12 minutes 40 seconds East 186.98 feet to land now or formerly t 1 of Washburn; thence along said land of Washburn South 55 degrees µ7 minutes .� 20 seconds West 142.98 feet to said right-of-way of Walter W. Washburn; thence along said right-of-way of Washburn the following two courses: f - (1) North 34 degrees 12 minutes 40 seconds West 213.95 feet and (2) North 56. degrees 35 minutes 20 seconds East 293.01 feet to the westerly line of Bay Avenue and the point or place of BEGINNING, containing 0.7850 acres, BEING AND INTENDED TO BE the same premises conveyed to George G. Long and Susan E. Long, his wife, by deed recorded in Liber at Page 1 1 I ! i � 1 � I r. DESCRIPTION OF LOT 3 OF WASHBURN SUBDIVISION _ BEGILXNG at a point on the easterly line. of a right-of-way now or I - formerly owned by Walter W. Washburn, said point of beginning being the { - southwesterly corner of land of George G. Long and Susan G. Long and being ' distant from the intersection of the southerly line of said right-of-way of Washburn with the westerly line of Bay Avenue the following tuo courses: _ (1) South 56 degrees 35 minutes 20 seconds West 293.01 feet and (2) South it344- degrees 12 minutes 40 .seconds Gast 213.95 feet; proceeding along said ].and of Long North 55 degrees 47 minutes 20 seconds East 142.98 feet to land of Schmidt; thence along said Land of Schmidt and lands now or formerly of Dahncke, Rac€tett, and Nyles South 34 degrees 12 minutes 40 seconds East 238.13 feet to land now or formerly of Washburn; thence along said land of Washburn the following two courses: (1) South 55 degrees 47 minutes 20 seconds West 167.98 feet and (2) North 34 degrees 12 minutes 40 seconds West 152.43 feet to said right-of-way of Washburn; thence along said right-of-way of Washburn the following two courses: (1) North 56 degrees 35 minutes 20 seconds Last 25.00 feet and (2) North 34 degrees 12 minutes 40 seconds West 86.05 feet to the southerly line of land of Long and the point or place of BEGINNING, containing 0.8696 acres. 1 r 3 DESCRIPTION OF LOf 2 OF WASHBURN SUBDIVISION i - BEGINNING at a point on the southerly line of a right-of-way now or d �. . formerly owned by Walter W. Washburn, said point of beginning being distant from the intersection of the southerly line of said right-if-way of Washburn with the westerly line of Bay Avenue the following three courses : (1) South 56 degrees 35 minutes 20 seconds West 293.01 feet, ('2)- South 34 degrees 12 minutes 40 seconds East 300.00 feet, and (3) South 56 degrees 35 minutes Ap;. ',•'' 20 seconds West 25,00 feet; proceeding along land now or formerly of 'Mashburn the following two courses: (1) South 34 degrees 12 minutes '.•0 second f, ,... East 152.43 feet and (2) North 55 degrees 47 minutes 20 seconds East 167,98 feet to land now or formerly of Myles; _thence along said Land of Myles and s - lands now or formerly of Novak and Anderson South 34 degrees 12 minutes 40 seconds East 150.00 feet to other land of Washburn; thence along last � - said land of Washburn South 55 degrees 47 minutes 20 seconds West 234.09 feet to land of Radford; thence along said land of Radford the following ` ? two courses: (1) North 29 degrees 23 minutes 20 seconds West 304.07 feet a and (2) North 56 degrees 35 minutes 20 seconds East 15.55 feet to the south- westerly corner of a right-of-way now or formerly owned by Radford; thence along the southerly line of said right-of-way of Radford North 56 degrees 1 35 minutes 20 seconds East 25.00 feet to the center-line of the entire right-of-way and the point or;� place of BEGINNING, containing 0.9491 acres. . I i 11} f I„ I: it a t DESCRIPTION OF LOT 4 OF RADFORD SUBDIVISION %i BEGINidTNG at a point at the southwesterly corner of a right-or way I now or formerly owned by Radford, said point of beginning being distant F -� from the intersection of the southerly line of a right-of-way now or j - formerly owned by Waller W. Washburn with the westerly line of Bay Avenue the following three courses: (1) South 56 degrees 35 minutes 20 seconds West 293;01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300.00 .a ' . feet, and (3) South 56 degrees 35 minutes 20 seconds West 50.00 feet; ` - proceeding along land now or formerly of Washburn the following two courses; (1) South 56 degrees 35 minutes 20 seconds West 15.55 feet and (2) South 'I { - 29 degrees 23 minutes 20 seconds East 477.18 feet, more or less, to the ?i northerly shore of Marion Lake; thence westerly along the shore of Marion Lake 160 feet, more or less, to the point of intersection of the easterly line of land now or formerly of Walton C. Brooks Estate with the northerly shore of Marion Lake, said point of intersection being North 70 degrees -. ,- � 22 minutes 50 seconds West 153.00 feet, more or less, from the last described , � - point as measured on a tie line along the shore of Marion Lake; thence along 5aTM land of Brooks Estate the following two courses: (1) North 43 degrees 42 minutes 20 seconds West 259.55 feet and (2) North 28 degrees i f � •I 22 minutes 50 seconds West 199.20 feet to land of Anderson; thence along � f said land of Anderson North 56 degrees 35 minutes -20 seconds East 168.57 �i feet: to the westerly line of a right-of-way now or formerly owned by Radford; thence along said right-of-way of Radford South 34 degrees 12 minutes 40 ` - seconds East 100.00 feet to land of Washburn and the point: or place of BEGINNING, containing 1.646 acres, more or less. i { • DESCRIPTION OF LOT 3 OF RADFORD SUBDIVISION BEGINNING at a point at the southwesterly corner of:. the westerly spur of a right-of-way now or formerly owned by Ernest G. Radford, said point of ` beginning being distant from the intersection of the northerly line of said right-of-way of Radford with the westerly line of Bay Avenue Lhe following two courses: (1) South 56 degrees 35 minutes 20 seconds West 436.69 feet and (F) South 28 degrees 22 minutes 50 seconds East 50,19 feet; proceeding along the southerly and westerly lines of said right-of-way of Radford the following two courses: (1) North 56 degrees 35 minutes 20 seconds East 97.98 feet and - (2) South 34 degrees 12 minutes 40 seconds East 200.00 feet to land of Radford; thence along said land of Radford South 56 degrees 35 minutes 20 seconds West 168.57 feet to land ofWaltonC. Brooks Estate; thence along said land of the Brooks Estate North 28 degrees 22 minutes 50 seconds West 200,75 feet to other land of Radford; thence along last said land of Radford North 56 degrees 35 minutes 20 seconds East 50.19 feet to said right-of-way of Radford and the point or place of BEGINNING, containing 0.7271 acres. - BEING AND INTENDED TO BE the same premises conveyed to Stuart Anderson and Miriam Anderson, his wife, by deed recorded in Liber 7728 at Page 259. DESCRIPTION' 0F RADFORI3,S HOME PROPERTY BEGINNING at a point at the northwesterly corner of a right-of-way now or formerly owned by' Ernest G. Radford, said point of beginning being the southwesterly corner of land of.George W. Smith and Barbara Marie Smith and being distant from the intersection of the northerly line of said right-of-way of Radford with the westerly line of Bay Avenue South 56 degrees 35 minutes 20 seconds West 436,69 feet; proceeding along the westerly line of said right-of-way of Radford South 28 degrees 22 minutes 50 seconds East 50.19 feet to land of 5derson; thence along said land jof Andersen South 56 degrees 35 minutes 20 seconds West 517'.19 feet to land of Walton C. Brooks Estate; thence along said lard of the Brooks i Estate North 28 degrees 22 minutes 50 seconds West 654.05 feet to the southerly line of Main Road; thence along the southerly line of Main Roar; North 50 degrees 14 minutes 10 seconds East 1154,30 feet to lard of Gardiner; thence along said land of Gardiner and land of Dean the following two courses: (1) South 28 degrees 25 minutes 50 seconds East 155.80 feet and (2) South 27 degrees 46 minutes 30 seconds East 320.37 feet to land of Smith; thence along said land of Smith the following two courses: (1) South 56 degrees 35 minutes 20 seconds West 98,40 feet and (2) South 28 degrees 22 minutes 50 seconds East 150.13 feet to the north- erly line of said right-of-way of Radford and the point or place of BEGINNING, containing 1 .8414 acres. v DESCRIPTIO14 OF LOT 2 OF RADFORD SUBDIVISION BEGINNING at -a point on the northerly line of a right-of-way now or, formerly owned by Ernest C. Radford, said point of beginning being Che southwesterly corner of land of Phillip li. Koch and Marie F. Koch and - being distant from the intersection of the northerly line of said right- of-way of Radford with the westerly line of Bay Avenue South 56 degrees 35 minutes 20 seconds West 293,00 feet; proceeding along the northerly line of said right-of-way of Radford South 56 degrees 35 minutes 20 seconds West 143.69 feet to land of Radford; thence along said land of Radford ' North 28 degrees .22 minutes 50 seconds West 150,13 feet; thence along - said land of Radford and land of Dean North 56 degrees 35 minutes 20 seconds East 141,77 feet to land of Koch; thence along said land of Koch South 29 degrees 06 minutes 40 seconds East 150,00 feet to the northerly line of said right-of-way of Radford and the point or place of BEGINNING, containing 0,4901 acres. BEING AI4D INTENDED TO BE the same premises conveyed to George W. - Smith and Barbara Marie Smith, his wife, by deed recorded in Liber 7091 at Page 172, � I i ' DESCRIPTION OF LOT--1 .OF RADFORD SUBDIVISION -- - BEGINNING at a point on the northerly line of a sight-of-way now or formerly owned by Ernest G. Radford, said point of beginning being the southwesterly corner of land formerly of Rackett, later of Rose, I '.. and now of Koch.and boring distant from the intersection of the northerly line of said right-of-way of Radford with the westerly line of Bay Avenue South 56 degrees 35 minutes 20 seconds West 150.00 feet; proceeding along the northerly line of said right-of-Way of Radford South 56 degrees 35 minutes 20 seconds West 143.00 feet to land of Smith; thence along said land of Smith North 29 degrees 06 minutes 40 seconds West 150.00 feet to land of Dean; thence along said land of Dean North 56 degrees 35 minutes 20 seconds East 143.00 feet to land of Prolos; thence along said land of Proios and land formerly of Rackett and now of Koch South 29 degrees 06 minutes 40 seconds East 150.00 feet to the northerly line of said right-oz-way of Radford and the point or place of BEGINNING, containing 0.4910 acres. BEING A14D INTENDED TO BE the same premises conveyed to Phillip H. Koelt and Marie -F. Koch, his wife, by deed recorded in Liber 6914 at Page 127. III CERTIFICATE OF INCORPORATION OF MARION ROAD ASSOCIATION, INC. The undersigned hereby certify: (1) The name. of the corporation is MARION ROAD ASSOCIATION, INC. l (2) The corporation is a corporation as defined in sub-paragraph (a) (5) of Section 102 of the Not-For-Profit Corporation Law in that it is not formed for pecuniary profit or financial gain, and no part of the assets , income or profit of the corporation is distributable to, or enures to the benefit of its members , directors , or officers or any _private person except to the extent permissible under the Not-For-Profit Corporation Law. (3) The purposes for which the corporation are formed are to promote and -encourage the acquisition, maintenance, use and safety of a certain private road located in the Hamlet of East Marion, County of Suffolk, State of New York,- which road is described as : BEGINNING at a point on the westerly line of Bay Avenue about 650 feet southerly along said wes- terly line from Main Road, said point of beginning being the southeasterly corner of land of Koch; proceeding along said westerly line of Bay Avenue the following two courses : (1) South 29 degrees 06 minutes 40 seconds East 9. 04 feet and (2) South 34 degrees 12 minutes 40 seconds East 40. 99 feet to land of Long; thence along said land of Long and land now or formerly of Walter W. Washburn the following three courses : (1) South 56 degrees 35 minutes 20 seconds West 293. 01 feet, (2) South 34 degrees 12 minutes 40 seconds East 300. 00 feet, and (3) South 56 degrees 35 minutes 20 seconds West 50. 00 feet to land of Ernest G. Radford; thence along said land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds West 300 . 00 feet; thence along said land of Anderson South 56 degrees 35 minutes 20 seconds West 97. 98 feet to other land of Radford; thence along said last mentioned land of Radford North 28 degrees 22 minutes 50 seconds West 50 .19 feet to land of Smith; thence along said land of Smith and lands of Koch North 56 degrees 35 minutes 20 seconds East 436 .69 feet to the wes- terly line of Bay Avenue and the point or place of BEGINNING , containing 0. 8476 acres. i d"� .� - _ n..;w,;:;v rxG`._at:.�snr-.. .h,'.-tr ... ..r>.'--...• _d-.:,:,. .. ' i, and for this purpose to : (a) pay taxes , if any, on said road or other real property ' acquired by the corporation; s (b) supplement municipal services ; f (c) enforce any covenants , restrictions and agreements applicable to the property acquired by the corporation; and �. (d) to do any' other, act or thing incidental to or con- nected with the foregoing purposes or in advancement thereof, but j not for the pecuniary. � P y profit or financial gain of its members , { directors or officers, except as permitted under Article 5 of the a Not-For-Profit Corporation Law. ' [ (4) The corporation is a Type A corporation under Section 201 Ik ' of the Not-For-Profit - Corporation Law. (5) The office of the corporation shall be located in the Town of Southold, County of Suffolk, State of New York. (6) The territory in which the corporation' s activities are principally conducted is the Town of Southold, County of Suffolk and State of New York. (7) The post office address to which the Secretary of State shall mail a copy of any notice required by law is (8) The agent of the corporation is (9) No approvals or consents are required by the Not-For- Profit Corporation Law or by any other statute of the State of New York. ` -2- I Y y _ 1'L k\1I N('i,I10,1-M) ' Southold, N.Y_ 11971 HENRY E.RAYNOR,Jr.,Chairrwn - TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSIC.Jr. GEORGE RITCHIE LATHAM.Jr. WILLIAM F.MULLEN,Jr. December 2, 1982 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Washburn Subdivision East Marion Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, November 30, 1982 ; RESOLVED that the Southold Town Planning Board approve Inspector Davis ' report 4249 regarding the roads located within the subdivision of Walter Washburn Estate at East Marion. A copy of this report has been attached for your review. Very truly yours, HENRY E_ RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Attch_ TO% Renry E.. Rsynort,dr., Chairman. Report No. 249Southold Town Planning Board FROM: J'oha"TF Davis Dates October 5, 1982 REc 'Existing roads (Mario a and Marlon Road) in Mord Minor 1# 6,. Minor #209 and 'Washburn Mirior #136 subdivi.sio ib East Marion. E 60MMEDiTSd a'" T�a .oxi,�;ine'3a =ft *a ,,+s x+� a �r - af; ski abliszededium size and :Mn* gravel: Marion Road varies.from 9 ft. tofh ft. in j&dth nth the same Land of material: These private roads are in acceptable condition fcr emergency vehicles. The owner of Lot M3 (Washburn Minor #136) showed me concrete markers/ one at the end of Marion Place and one at his south property line, denoting tke center line Of &AS ft. R.O.W. going through his property to Lot M2 in the sane subdivision. This, R.O.W. is in a well kept fairly level laxi area nth no apparent drainage proble�a. FecotmsesIdations for extending Maricn. Pia-ee -t® —Lot M2: 1. Road-width-l5 ft: 2. Remove tops6U and-loam-for-a=dep of_12n, 3. Replace the topsoil and loam excavation with 12" of compacted madium size ? and fine gravel as used in the other two private roads. It may be necessary to place a thin layer of loam on the gravel iurfus to prevent raveling. 1 i i r� I ` " r E ' i f 4 4 November 2, 1977 Vx. Robert Gillispie, Jr. , Chairman Southold Town Board of Appeals Town Hall Southold, New York 11971 Dear fir, Gilaispie; You;• will note from the minutes of the Planning Board that have been sent to the Appeals Board that William Schriever has a problem with the Washburn Estate minor subdivision, The Planning Bow-d is sympathetic. As a matter of fact, we are generally recommending that not only streets- in subdivisions but rights-of-way be owned and maintained by a property owners' association and have recommended it in this case. The� problem. rises in that, if the right-of-way is conveyed to the property owners' association, lots become undersized. It is our understanding that the developer of this minor subdivision is petitioning for a variance to achieve the ends recommended by the Planning Board and by the adjacent property owners and we would generally favor such a variance. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW/mb Copy to William Schriever TEL. 765-2660 < TOWN OF SOUTHOLD i Ln T OFFICE OF ®WILDING INSPECTOR O • 0� TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 11971 Oct 19, 1377 Southold Teen Planning Board To,,m Hall Southold, N.Y. Gentlemen: I have had inquiry from a prospective purehaser of the "2iorth—east lot" of the Washburn minor subdivision, W/ Bay Ave. , Bast Yarion, IT.y., relative to having a property owners association formed to take title to a fift7(50) foot wide easement westerly from Bay Ave . and southerly along this lot in question to be held as an access for possible future public rcaa or perminent access for all properties bordering on it. If this is done , the area of this lot will be reduced below the 40,000 sq ft area required by tine zone g ordinance, however this north east lot , uld stili have some acce= to Bay live for their o=Am driveway. An easement alg the westerly edge of said lot for access to the next two lots coal e made IF the lot own_ -r was willing, without reducing the lot area, however cutting it off will reduce the area again. Any undersize lots will have to have a variance from the Board of Appeals before a -errant tc build can be issued, also any easement access must be approved bg them under section 280—a. Yours truly I _r1-7y Building Inspector I I i I 5 -;k August 26, 1976 Mr. WilUam Schriever ,r Main Road __ Orient, Yew fork 1195 r Dear Mre Sdhriever: n�:regard to the irabdi.fision o3 the Washburn property, the follrowing were the suggestions made. Your request was to exclude 25 feet on Bay avenue to he south of the right-.;of-way to be sold to an advacent property owner show =,�r in the" suture. You also said you would like to convey 7., 00 squaref feet on thLe west to Radford. 0 Plannin4 .Board. reviewed your map and decided there should .be no parc4l1ing off of these pieces of property. P9 . :Tfasliburg, 'b'efore his deaths had made application to �., sb4 d of Appeals to sell a portion of the proper and ^:� ,': ,�s tis ro ert should be t . ? �i]rlg :3!:5.,. p P subdivided C11 'It y. Yours truly, Muriel Brush, Secretary r, g p. . FI=. 'Tull lo, IW-6 [4 Mr. Rabav� Gill hies Chairman Scu,-U,-i ld Town Board of Appeals Southold, New 'perk 11971 Re: Wasuhmur T? A'_.Speal Dear vRx. GU l is-oie At a regular meeting o¢ the Southold Towu Plan.-iss.g Board held u7111Y 12,. 19706the shove-eaptzcb e3titer was c vc-assedF it was. the opinion of the Planning Board that, in v ens of the fact teat this is a fc3`,:-sae.:e parcel ar ettsr5 that it should be presented to the Planning Boat d as a minor sub- division umdivision rather than sell one lot at a tims, `ours truly, Muriel Brush, Secretary LASER FICHE FORM SUBDIVISIONS Project Type: Minor Status: Final Approval SCTM # : 1000 - 31 .-8-12 Proiect Name: Estate of Walter Washburn ,Location;. . The property is located on the west side of Bay Avenue }approximately 650' south of Main Road in East Marion. lHamlet:. .East Marion Applicant Name: ._William W. Schriever Owner Name:. William W. Schriever Zone 1 : .A-C EApproyat;Date 7/18/77 w°PLATSigfred;Date: 8131/77 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Aoreement: Address: County Filing Date: I SCAN Date: 'I b\ d-� t�fAf< "; LRNE C 21:�ti` I F `.VAY SUFFOLK CO. HEALTH DEPT. APPROVAL LA) H 5 NO ^� r� IJ -J fill t T STATEMENT OF INTENT r* 1-Z rr l THE WATER SUPPLY AND SEWAGE DISPOSAL r �� `-- ''J I v I SYSTEMS FOR THIS RESIDENCE WILL ' ✓ / E ♦ ,_I - „•_ay...: w •,may -`r J 4 cl r' F. t .:!c r CONFORM TO THE STANDARDS OF THE 155 50 C �- ? r - SUFFOLK CO DEPT OF HEALTH SERVICES. I (S) C31 Ip ! i _- C. 1 _. I ` '� APPLICANT I _.._. � PP T V0 Cd L SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF EA 1 „ � ' .fit 4 CONSTRUCTION ONLY DATE: I I— H. S. REF. NO P0�-IL(G �� i APPROVED: Of , yi SUFFOLK CO. TAX MAP DESIGNATION: DIST. S In �Yi ECT. BLOCK PCL 0. I / Ix:O 3! S P/0 !2 5 N �\ ;/ OWNERS ADDRESS: M i I . I _c5_5 4 20 E (67,98 r ; „q R$ r._ DEED: L. P. S < C �} TEST HOLE STAMP 0i �r JI� , � `- L.•� M J�j �• y! ! UNAUTNOR6EV ALi dATI N OR ADDITION ul -- - - .. /. JO M S SURVEY 'i Y A YATION OF Y T-. f f L) -'-!Z52 J'655 I SE:TIr:'!7209 OF THE NEP!YORK STATE EDUCATION LAM ��-.. ` — —"— ,.� ��{-�° Q(,j4� J � � • CopjE5 , T S R EY -E 'OT MARINO /\ - / EM TH: 11AU S I J SEA.'.CR �l}y ym..,^ � ! !'1 D n, .. 1 31 CC'ISIDfRED "Y`�" /".•�'<�-�l '..1�Iti 1.C L FDJtdD•i• > Lt ._?EON AN" ti� i0 MEA IG--,. aG IN11 y GUAR.',':' - ::'.nhar �1 ( U-1 E •.. IL0 tr, ft " " ' SEAL t`d R; i`V Z �Y ) GUAR.ANTEE., M 3JSUTHGLL) 5AVINGS BANK . L F L _. .11� {L R� VAN L. PJAN. t<]$3 Y iC1C 234, LICENSED LAND SURVEYORS } GREENPORT NEW YORK TELEDYNE POST NQ] 2 ------ «(121opaA73 RIDER TO DEED DATED JULY 8, 1982, by and between WILLIAM W. SCHRIEVER, AS EXECUTOR OF THE ESTATE OF WALTER W. WASHBURN, as SELLER to HENRY ST. GEORGE and DOROTHY ST. GEORGE, his wife, as PURCHASERS This property is subject to the following covenants , restrictions and agreements which shall run with the land: 1 ) No dwelling structure of any kind shall be erected on this premises unless it contains a minimum of 1200 square feet of livable floor area ; a "Mobile" or "Modular" home shall not be erected or placed on this premsies. 2) The front of the dwelling erected on this premises shall face toward the west with said front aligned with that of the dwelling on the premises immediately to the north. 3) All utilities serving a dwelling erected on this premises shall be installed underground from the base of LILCO Pole #3B to the foundation of the dwelling. 4) Any driveway to the premises described herein shall run parallel to the 25 foot right of way for ingress and egess and for access by public utilities underground and shall be constructed and maintained with its centerline coinciding with the westerly line of said right of way as described herein. 5) The entire premises of this parcel shall be maintained at all times in a neat and orderly manner. No portion of this premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, no such wastes shall be burned on the property at any time, and no portion of this parcel shall be permitted to grow wild. 6 ) The seller reserves the right to annul, waive alter , change or modify any of the covenants or restrictions above set forth by written declaration duly executed and recorded in the Suffolk County Clerk ' s Office. 7 ) The seller, his heirs, successors or assigns may enforce these covenants. ^� r U5F.F 2ZOPAGF3I4 Togrlher with the appurtenances, anb 'alac all the ' Testat had at the time of decease. in said premises, Aub Mk4a 0". . ,r„rr, therein, which the part of the first part hIzs or have power t., ronrry dispose of, whether individually, or by virtue of said LL'ill or otherwise. ila Mane and 10 Ralb the premises herein granted unto the part :Les of the second part, and assigns forever. And the part of the first part covenant that he ha s not done or suffered anythin.9 whereby the said premises have been encumbered in any way whatever. That, in compliance with Sec. 13 of the Lien Law, the grantor will receive consid- eration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the inrprosement and will apply the same first to the payment of the cost of the improvement bqf rr using any part of the total of the same for any other purpose. Jn Muneas 04rreaf, the party of the first part ha s hereunto set hand and seal the day and year first above written. 3n 'Preserve of t'^ (William W. Schriever) £°fate of Nrw Mark 00. 8th July On this day of Mllunfg of Suffolk Nineteen Hundred and eighty-two before me, the subscriber, personally appeared WILLIAM W. SQRIEIER the Executor of the last Will and Testament of Walter W. Washburn to me personally known and known to me to be the same person described in and who executed the within Instrument, and he acknowledged to me that he executed the same as such Executor as aforesaid for the purposes therein mentioned. �. Notary Public J; wl► � wa fit k�RVqq n TOGETHER with a non exclusive 25 foot right of way for ingress and egress and for access by public utilities underground, which right of way is described as follows: BEGINNING at a point on the easterly line of a right of way formerly owned by the Estate of Walter W. Washburn and now owned by the Marion Road Association, Inc. , said point of beginning being at the southerly end of a private road known as Marion Place and being distant from the intersection of the southerly line of said right of way of the Marion Road Association , Inc. , and known as Marion Lane with the westerly line of Bay Avenue the following two courses: 1 ) South 56 degrees 35 minutes 20 seconds West 293. 01 feet along the southerly line of Marion Lane ; and 2) South 34 degrees 12 minutes 40 seconds East 300. 00 feet along the easterly line of Marion Place. RUNNING THENCE from said point of beginning through the premises now owned by Edward F. Pohlig and Margaret E. Pohlig South 34 degrees 12 minutes 40 seconds East 152.08 feet to the above described parcel; THENCE along said parcel the following two courses: 1 ) South 55 degrees 47 minutes 20 seconds West 25. 00 feet ; and 2) North 34 degrees 12 minutes 40 seconds West 152. 43 feet to said right of way owned by the Marion Road Association , Inc. , and known as Marion Place. THENCE along said right of way North 56 degrees 35 minutes 20 seconds East 25. 00 feet to the easterly line of said right of way and the point or place of BEGINNING. TOGETHER with a 50 foot right of way for ingress and egress and for access by public utilities , either overhead or underground, which right of way is described as follows: BEGINNING at a point on the westerly line of Bay Avenue, about 650 feet southerly as measured along said westerly line from Main Road said point of beginning also being where the southeasterly corner of land of Koch intersects the land westerly side of Bay Avenue ; THENCE along said westerly line of Bay Avenue the following two courses: 1 ) South 29 degrees 06 minutes 40 seconds East , 9. 04 feet ; 2) South 34 degrees 12 minutes 40 seconds East , 40. 99 feet to land now or formerly of Walter W. Washburn ; THENCE along said land of Washburn the following three courses : 1 ) South 56 degrees 35 minutes 20 seconds West , 293. 01 feet ; 2) South 34 degrees 12 minutes 40 seconds East 300. 00 feet; 3 ) South 56 degrees 35 minutes 20 seconds West , 50. 00 feet to land of Radford ; THENCE along said land of Radford, land of Anderson and other land of Radford, North 34 degrees 12 minutes 40 seconds West , 350. 00 feet to land of Smith ; THENCE along land of Smith and land of Koch North 56 degrees 35 minutes 20 seconds East , 343. 81 feet to the westerly line of Bay Avenue and the point or place of BEGINNING. SUBJECT TO a right of way for emergency use aligned with the private road known as Marion Place and extending said road to the southerly line of the above described parcel. Said right of wav shall normally remain closed to all traffic by a gate at the southerly line of the above described parcel and control of the use of said right of way shall rest exclusively with the owner of the above described parcel except that i shall be immediately available for use by emergency vehicles responding to an emer- gency such as fire, ambulance and police. Except for the portion of said right of way used as a driveway in connection with the occupancy of a dwelling erected on this par- cel, no special surfacing of this right of way shall be required and it may be main- tained as lawn. The central portion of said right of way shall be maintained free of anv obstruction either on the surface or overhead which might interfere with its in- tended use including the parking of vehicles in 'such a mariner that access-by emergency vehicles is blocked. ti . TUTOL NX "^T WRM 5 1 N. Y. ED— XECUTOR'S .a.,...Ea..,,,.........,•,a C`. • 323 r.� V RECEIVED REAL ESTATE ,Made the Lith day of July JUL 13 1982 Nineteen Hundred and eighty-two TkANSFER I%x SUFFOLK .� �ettaeen COl1N(Y 4 WILLIAM W. SCHRIEVER, residing at Main Road (no ��) , Orient , New York, as Executor of the last Will and Testament of WALTER W. WASHBURN late of Suffolk County deceased, part y of the first part, and 1 HENRY ST. GEORGE and DOROTHY ST. GEORGE, his wife , both residing at 13 Appleby Lane, Bethpage, New York, part ies of the second part: 111iYaeseefh. That the part of the first part, by rirtue of the power and outhority to jiren. in, and by the said last 11711 and Testament, strict: andira consideration of SIXTEEN THOUSAND and 00/100 ------------------ 100 -----------------------------------------------------------Dollars, �c 'on: (s 16 , 000 . 00 ) lawful neoney of the United States, 0 paid by the parties of the second part, do hereby grant and release unto the part ies of the second part, and assigns forever, all that certain plot, piece or parcel of land, situate , lying and being in the hamlet of East Marion, Town of Southold, County of op12pib Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly line of a right of way formerly owned by the Estate of Walter W. Washburn and now owned by the Marion Road Association, Inc. , said point of beginning being at / the southerly end of a private road known as Marion Place and being distant from the intersection of the southerly line of said right of way of the Marion Road Association, Inc. , and known as Marion Lane with the westerly line of Bay Avenue the following three courses: 1 ) South 56 degrees 35 minutes 20 seconds West 293. 01 feet along the southerly line of Marion Lane; 2) South 34 degrees 12 minutes "= `` z•` 40 seconds East 300. 00 feet along the easterly line of Marion Place; and 3) South 56 degrees 35 minutes 20 seconds West 25. 00 feet to the center line of Marion Place and the westerly line of 1�1nj land of Pohlig. Proceeding along said land of. Pohlig the following two courses: 1) South 34 degrees 12 minutes 40 seconds East 152. 43 feet; and 2) North 55 degrees 47 minutes 20 seconds East 167. 98 feet to land now or formerly of Myles. Thence along said land of Myles, and lands now or formerly of Novak and Anderson, South 34 degrees 12 minutes 40 seconds East 150. 00 feet to other land of the Estate of Walter W. Washburn -, THENCE along said land of the Estate of Walter W. Washburn South 55 degrees 47 minutes 20 seconds West 234. 09 feet to land of Radford ; THENCE along said land of Radford the following two courses: 1 ) North 29 degrees 23 minutes 20 seconeds West 304. 07 feet ; and 2) North 56 degrees 35 minutes 20 seconds East 15. 55 feet to the southwesterly corner of said right of way owned by the Marion Road Association, Inc. THENCE along said right of way North 56 degrees 35 minutes 20 seconds East 25. 00 feet to land of Pohlig, the center line of said right of way and the point or place of BEGINNING. • - _ I'EC^RDE^, ___. -- EXECUTOR'S JUL 13 12 25 P►4 P (No f 1 SCHRIEVER 'LICE � r V� W ST. GEORGE (%d ed July A982. n RECORD AMID RETURN TO: IRVING L. PRICE, JR. , ESQ. 45 828 FRONT STREET GREENPORT, NL;W YORK 11944 44 F :t