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Home My WebLink About1000-83.-4-19"SCHEDULE D" ~ DECLAP~tTION OF COVENA~NTS AND RESTRICTIONS THIS DECLARATION, made the day of by WOODBINE P~A_NOR, Developers, JOHN FELLINGER-IHAR a~d OLIVIA FELLINGER-IHAR, both residing at 3180 S'u£folk County, New York, hereinafter and "WOODBINE MA_~OR": I~HEREAS, the declarants the following described premises: 1977, Duck Pcnd Road, Cutchogue, referred to as the "D'ectarants" WI TNE S S E TH are the owners in fee simple of ALL that certain plot, piece parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, sho~n and de- ~" ~signated as~Lots Numbers 1 through 22, both inclusive, on a certain ~z~ ~ap entitled, "Map of Woodbine Manor, situate at Cutchogue, To~ on ( ~'~ Southold, Suffolk County, New York", .surveyed by Young and Young, ~%~'-- Riverhead, New York, and filed in the Office of the Clerk of the County .'~ of Suffolk on the day of , 1977 under Map No. ; WTIEREAS, the declarants desire to restrict the use and enjoyment of said land and have, for such purpose, d[termined to im- pose on such premises certain covenants and restrictions, and it is hereby delcared that all of the property above-described, shall be held and shall be conveyed subject to the following covenants and restrictions: ,~ 1. Ail of the premises hereinabove described shall be known and designated as residential plots. 0 O' 0< O' 2. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed 2 stories in height. No dwelling shall be erected, placed or permitted to remain on any lot unless it has an enlcosed garage, attached or unattached, for not less than one car, and all such garages and any accessory building must conform in architectural exterior design with the dwelling. 3. No dwelling sha~l be erected, placed or permitted to remain on any lot of the ranch-type containing only one story, unless it shall contain a minimum of 1100 square feet of living space, nor any colonial or cape cod-type dwelling containing more than one story unless same shall have a minimum of 1000 square feet of living space on the first floor of said structure, exclusive of open porches and garages.P 4. Seeding of grass and landscaping shall be completed within 6 months from the data of the issuance of a certificate of occupancy for any dwelling erected upon any lot; and in the event such seeding and landscaping is not completed within the said 6-month period, then the developers shall have th~ right to complete the said seeding and landscaping at the cost and expense of t~e owner of the lot. 5. No trade or business of any kind shall be advertised from or transacted on the premises, except that this covenant shall not prevent a lawyer, accountant, physician, dentist, podiatrist, chiropractor, chiropodist, optometrist or any other member of the medical, dental, accounting, legal or allied occupation or profession O( 0 0 on said premises, and except that this covenant shall not prevent the growing of nursery stock or vegetables on the premises. However, veterinary medicine 'is specifically excluded as a permitted profession. 6. No signs of any kind shall be displayed to public view on any lot, except that one sign of not more than one foot square, upon ~hic~ shall be insqribed ~he name, and occupation or profession of th~ occupant of the premises, and signs used by the builder to gdvertise his. property during the construction and sales period, shall be permitted. 7. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats or other household pets, provided that they are not raised, bred or maintained for any co~erical purpose. 8. No lbt shall be used or maintained as a dumping ground for rubbish~ nrash!or garbage. Ail rubbish, trash or garbage shall be kept in closed sanitary containers, which containers shall be kept out of the public view and i~ the rear of the premises. 9. No fence, wall or hedge of over 4 feet in height shall he permittedwithinl0 feet of a side line, nor winhin 50 feet of any street line, except that there will be no restriction as to height of fence, wall or hedge or distance from side line as to the north line of Lot Nos. 20 and 21 and east line of Lot No. 17. 10. No clothesline, or other such clothes drying imple- ments shall be maintained o~her than in the rear yard area of the premises. 11. ~o building, fence, wall or other structure, shall be erected or maintained, nor any change or ~lteration made therein, nunless the plans and specifications therefor showing the nature, kind, shape, height, material~ color scheme and location of such structure, and the grading plans of the lot, or plot to be built upon, have been approved in writing by, and a copy thereof as finally approved, lodged permanently with the developers, their heirs~ suc- cessors or assigns. 12..' Roads,' park and recharge b'asin - a. Construction o£ roads - Woodbine Manor shall install road improvements pursuant to the specifications of the Town of Southold in existence at the time the road is constructed. b. Road easement, use of park - Ail owners of lots, their-guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others~ at their own risk, over the roads sho~n on said Hap. Ail owners of tots are hereby granted the right to use (pursuant to reasonable regulations from time to time promulgated by Woodbine Manor or By an association of property o~ners succeeding to nhe rights of Woodbine Manor) in common with others, at their own risk, the area shov~ on the su~- division map as "park"; hereinafter called "park". c. Upkeep of roads, park and recharge basin - After the installations provided for in paragraphs (a) and (b) above, each lot owner shall be responsible for 1/22 of the cost of snow- plowing, upkeep, repair and maintenance ingood condition of tl~e roads and park area~ and for 1/22 of the real estate taxes a~- tributable to the roads and park area. Ail decisions as to the OC 0 O snowplowing, up.keep and maintenance of the roads and park area, including decisions 'as to the.extent and cost of any repairs therefor, shall be in the exclusive discretion of Woodbine Manor, or its successors in interest, an assocition of property owners as herein- after provided. (please note: Duck Pond Road is a public highway, not part of the subdiv{sion). d. Payment iof cont'ributions by lot o~,zners - While Woodbine Manor holds title to the roadf, park and recharge basin, it will pay the taxes and expenses mentioned in paragraph (c) above. and will submit bills to the individual lot ov~ners for their re- spective 1/22 contributions. Such bills will be paid in full to Woodbine Manor by the then present lot owners within 10 days after said bills ~auabeen mailed. e. Maximum contribution of lot owners - In no event, while Woodbine )Ichor holds title 5o the roads, park and re- qharge basin, shall any lot owner be required to pay a sum in excess of $100 per annum toward real estate taxes for the roads and.park, and snowplowing, upkeep, repair and maintenance of said facilities. f. Property owners' association - 1. If, at any time after 1/3,of the lots have been conveyed by Woodbine Manor, it decides to transfer title to ~he roads and park to a property owners' association, and if 2/3 of the then lot owners (exclusive of the lots owned by Woodbine b[anor) vote to Ho~fever, ties at take title to said facilities, the ·conveyance shall be made. Woodbine Manor may withdraw its offer to convey nhe facili- any time prior to receipt of written notificat{on of the - 5 - offer' s acceptance. 2. association pursuant a. the roads and park shall b. If a conveyance is made to a property owners' to provision (1) above, then: Ail costs and expenses associated·wi~h · thereafter be'born entirely by the property The o~,~ers of all lots purchased from Woodbine Manor shall be members of Woodbine Manor shall not be ·members of t ion. association shall the property owners' association~ the property owners' associa- c. Each member of the property owners' be liable, on a per lot basis, for a share of the costs a~d e~penses of the property o~ers' association. d. Each member agrees to comply with the regulations for the use of the park, and road facilities enacted by the property ovmers' association. A 2/3 vote shall be required for the enactment of each such regulation. e. Upon a 2/3 vote by the members of the prop- erty owners' association, title to the roads and park shall be dedi- cated to nhe To~,~ of Southold. 3. For the purposes of provisions (1), (2d) and (2e) above, each lot o~ner shall have one vote for each lot owned, whether improved or unimproved. Conveyance or dedication~of roads: park and recharge basin - 1. Present intention to convey to property ' ov~ers' association - :. 6 shall he made, Manor. Woodbine Manor presently intends to convey title to the roads and park to a properny owners' association con- sisting of the lot owners. However, when and if such conveyance it shall rest in the sole discretion of Woodbine 2. .Reservation of right to dedicate to the ' Tovm Of Southold - In lieu of conveying the roads and park to a property owners' association, Woodbine Manor reserves the right, in its sole discretion to dedicate the roads, park and rgcharge basin to the Town of Southoid without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. 3. Instruments required for dedication - If Woodbine Manor %r the property o~aers' association decide to dedicate the roads, park and recharge basin, and the Town of Southold requires any instruments to be signed by any of the persons referred to in subparagraph (2) above, then such person or persons shall execute such instruments upon written request. If such executed instruments are not receivedw~hinl~days after the written request was made, the lot owner, lienholder or person with any other interest therein, hereby authorizes Woodbine Manor or the property ovzners' association to execute the required instruments as its special agent. 13. Easements for installation and maintenance of utilities and drainage facilities across and under the premises to be conveyed for a distance of 20 feet from the lines of'the premises and each lot are hereby reserved to the developers and their heirs~ successors or assigns~ who may grant permanent easements to public utility companies, - 7 - or to the Town of Southold. 14. All dwellings and strucnures shall be enclosed within a period of 6 months from the date of the commencement of their construction. 15. If any lot o~ner, his heirs or assigns, shall vio- late or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons o~,~ing any real property situated in said subdivision, to prosecute any proceedings at law, or in equity, against the person or persons violating or attempting to violate, any such covenant to prevent him or them from so doing: or to recover damages or other relief for such violation. 16. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 17. These covenants are to run with The land~ shall be binding upon all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for suc- cessive periods of 10 years, unless an instrument is recorded in the Suffolk County Clerk's Office7 signed by the then owner of a majority of the lots designated on the said Map, agreeing to change said covenants in whole or in part. 18. Notwithstanding covenant serve to themselves the right to amend, within covenants to the extent of (15) herein, declarants re- alter or change any of the lessening their restrictiveness. IN WI.TNESS WHEREOF, WE, John Fellinger-Ihar and Olivia Fellinger-Ihar, have hereunto set our hands and seals, and sigmed these presents, the day and year first above written. John Fellinger- Ihar Olivia Fellinger-Ihar STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of August, 1977, before me personally came JOHN FEL~LNGER-IHAR and OLIVIA FELLINGER-I~R, to me kno~ and known to me to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they executed the same. Notary Public - 9 - SLOPE I:$ MAX. A SPHA L T //~ TNAAIS/TION 11~WATER-lAY PLA N - VER TICA L SA ND DRA IN NO SCALE ~-EXISTING GRADE SECTION- VERTICAL SAND DRAIN NO SCALE - VARIES V~R/ES ":1' , < ,~ SLOPETO EX/ST/NG TOP SOILED ~ VEGETA TED GRADE SEC TION- GRASSED WA TERWA Y NO SCALE TYPICAL VERTICAL SAND DRAIN ~ GRASSED WATERV/AY WOODBINE MANOR CUTCHOGUE, N. Y SEPT. 6, 19 77 i ' -~'~/~. .~'o~.,v~.. YOUNG & YOUNG~ RIVERHE4D, M ~ ALDEN Vt YOUNG, ~l ~$. ££ aL.S, HOJ4/ARD Vi YOUNG, ~ YZ.~ L. S L lC. NO. 4S893 ~ su NO IF2184: : SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ~"~ ~. 7 Peter Harris Superintendent of Highways Peconic Lane Peconic, New York 11958 Dear Mr. Harris: October 26, 2011 Re: Woodbine Manor Subdivision Ihar Lane & Olivia Lane, Cutchogue NY SCTM #: 1000-83-04-18/19/20&21 As per your request, the above referenced subdivision was inspected on 9/9/11. This inspection was requested by the Homeownem Association in consideration of dedication of the roads and drainage systems. I have also reviewed the project history from the Planning Board files and I offer the following: An engineering report by L. K. Mclean Associates dated 1/1/86 indicated that the roads did not meet Town Standards. In addition, the proposed grass swales were constructed with flat gradients that would produce slow moving stormwater that may back up and cause intermittent flooding. Visual inspections indicate that the existing read surface is relatively free of pot holes and reasonably stable. The read was originally designed & approved to have a 36' wide pavement section. The current average width of both Ihar Lane & Olivia lane is 30'. 3. Inspections indicate that the access to & from the vertical sand drains have totally overgrown with vegetation. 4. Inspections indicate that the system of Grass Waterways have been compromised and are considered to be non functional at this time. Pdor to dedication, both vertical sand drain areas need to be cleared & grubbed along with all access pathways. All proposed grass waterways will need to be excavated and re-constructed and/or re-vegetated to meet the minimum standards indicated by the approved subdivision plans. This item would include all waterways along Duck Pond Road as well as the private roads and the swales between pdvate residential properties. a. As an alternate to this requirement, drainage designs can be calculated to provide for the installation of new inlet drainage structures to control a 2" rainfall event. This item would override the need to reconstruct all of the grass waterways. If this option is chosen, this drainage design should be submitted to the Highway Superintendent and the Engineering Department for review, comment and approval prior to construction. b. In addition, if this option is chosen, the Town should not need or require the dedication of the two sand drain parcels which should remain as park land or open space for the subdivision. Page 1 of 2 Peter Harris, Superintendent of Highways Re: Woodbine Manor Subdivision Ihar Lane & Olivia Lane, Cutchogue NY SCTM #: 1000-83-04-18/19/20&21 October 26, 2011 Page 2 of 2 Both roads should be re-surfaced to meet the Highway Specifications. Where needed or required, shim mix asphalt should be used to true and level the existing road surface. This item would then require a two (2") inch lift of Asphalt (type 6 Top) oveday that should be placed with a twenty eight (28') foot width and be centered on the existing pdvate roadways. The two cul-de-sacs should also receive a two (2") inch lift of Asphalt with a minimum outside diameter of eighty eight (88') feet. All road surfaces should be treated to remove unwanted vegetation pdor to paving and the remaining sections of road shoulder areas beyond the new pavement section should be covered with topsoil and then seeded. Guard Rails located at the far end of each cul-de-sac should be replaced. All Street Signs, Stop Signs & Dead End Signs (2 each) should also be replaced. If you have any questions conceming this report, please contact my office. CC: Martin H. Sidor Chairman - Planning Board Sincerely, ~~ Richter, R.A. MAP OF WOODBINE MANOR SUF~LK COUNT~ ~ y - RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGH~AY DEPAR"fCMENT F~x. (516)- 765 - I750 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic,' NewYork 11958 Re: WOODBINE MANOR - Cutchogue Thar Lane &.OLivia Lane SCTM #: 1000 - 83 - 04 - 18,19,20 & 21 Dear Mr. Jacobs: ~'~ES A. RICHTER/R.A. "~'?/ ENGINEER TOWN OF SOUTHO/D TEL(516)- 765 - 3070 June 12, 1997 As per your request, I have reviewed the files for the above referenced subdivision. The engineering report, dated 1/21/86 and prepared by Louis K. McLean Associates, P.C., indicated that the road constructJon and related drainage facilities were considered substantially complete with some exceptions. The report indicated that "the roads as constructed do not meet current Town Standards". Due to the fact that the roads were to remain private, the road and drainage construction utilized by the developer was noted as "generally complete and satisfactory". The repod: also discussed additional road and drainage construction that would be required if "the developer or the residents of the subdivision should wish to dedicate the roads to the Town". The two major items noted in the report were the installation of a more formal storm-water drainage system and the placement of a final wearing surface of Asphalt: To verify the stability of the roads and the current overall condition of this subdivision, I have conducted a field inspection of the roads, drainage swales and sand drain systems. I would like to offer the following list of construction items and/or current conditions that will need to be addressed before the roads and adjacent drainage systems would be considered acceptable for dedication. 1.) Road Surface: - Both roads are relatively stable and free of vegetation. Some deterioration of the pavement has occurred. Allegator cracking within the pavement surface has been noted. As per the original approvals & Engineering reports, the placement of a 2" Asphalt Wearing Course should be required to stabilize and upgrade the road to meetTown Specifications. (+/-400 Tons of Asphalt will be required) Page I of 2 Mr. Raymond L. Jacobs -,Superintendent of Highways · Re: Woodbine Manor - Inspection report for Dedication June 12, 1997 Page 2 of ~2 2_) 3.) Drainage Swales and Vertical Sand Drains: - Currently, some of the drainage swales have been intersected or cut off, by the placement of an earth berm and others are ov,ergrown with vegetation.. One swale is even being utilized as garden area. This may not. prevent run-off from entering' the vertical sand drains but it is effectively reducing the ability of the drainage system to function at full: capacity. The earth be~m plac_,~d, across the drainage easement between ot #~s 4 & 5 (seedr~wing:at~ched) iS ca.~siqg excb. ssive flooding conditions on Duck Pond Road under' heavy rain condj.tio~.s [~e~,ause~ the run-off cannot ;flow to the. sand di-aii~. These ateas~W~,[i.need to,,be'~'~sto~e..d'~; a-s.'~,stem ~of Catch basins drainage ~j~nd. babrb e .baS~i~, w I] Be. required ,~o.al]ew the run-o~generatad w~th~n the subd ~ sion, and on the, adjacent roads to~ente, r-tbe ssnd dra n areas Vert ca Sand Dra'in ar~as may a so need to ~e: excavat'ed.~everal feet to,a ow for th~s mod~ficabon to funct on proper y f the roads are to :b ,e~de~cated to the Town, all drainage swale easemegt araas noted on th~ odginal ~ubdivision pla~s Will..~e~ed to be v~ified'~g~al'ar~te~e~to~0~ of Soutb~ld f'br accbss and ~inten~a~e '' . Uti!it~es: - .T~.;iLarie does= ~,ot appear to have underground util t es nsta ed to se~vide:the~5.~ ~:lots. ~is install!,aff(~r~should.,be required prior to resu~c[ngthe road. & ofr&~ ;~l~li'ca;[ioq,to the T'0~n · ' Street Sigr~,~ ~e. Si~ .r~_~_w;e~ found." Each road should have three signs installed. On.e ea~ ~P S~{j~ - One ~ach Street Name Sign - One each Dead En~ Sign. The above referenced list sl~uld not be considered complete in every detail. It has been generated s0iel~.for the purp0~e of est mating the scope of work needed to upgrade the ro~ds to iaccePta~i~ s~ar~'dards ~r dedication To verify cost estimates for the above referer, iced work wilJ",:t'equ!re some Uesign decisions by the owner· These decisions will also neec["to~be coo[c~ihated with your office for any work proposed within the existing Town Right-of-Ways and With: existing residents for work proposed within drainage ~asement areas. For i'nstan~e, ~t,.he 'installation ofcatch basins, bubble basins and drainage pipe to connect ,~wales to dr~ r~ge areas-could be expensi,,e It wou d be more ecor~m Ca tc clear o~structions~, s~J~h· as:. the Earth Berm and overgrown vegetabon, from th~drajnage~ . swales e[tabling the~!to~.~'unction as or gina y des gned. The.cost for the inst~ilation of under~miJr~d uffii1~e~ ~il] ~eed to be coordinated with the Long, ~sland Lighting i~ompany as wel~' as any btt~e[~ agency havin~ jurisdiction. cc: (Chairman - Planning Board) If you have any questions concerning this report, please contact my office. Southold, N.Y. 11971 · (516) 765-193~ September 28, 1984 Mr. Lawrence Tuthill, P.E. i Town Engineer 1215 Inlet Lane : Greenp/o/rt, NY 11944 / : Re:vFellinger-Ihar major subdivision August Acres major subdivision Dear Mr. Tuthill: Enclosed are subdivision bond estimates for the above mentioned subdivisions. As you know, these subdivisions were both approved several years ago, however, the conditions of approval were never complied with and the approval expired. We are not in receipt of a performance. bond eifher. On the advice of the Town Attorney we are re-scheduling these subdivisions for final hearings and request that you prepare an updated bond estimate for them. The hearings are tentatively set for October 22, therefore, we would appreciate the new bond estimate prior to that. Thank you for your assistance in this matter. If you have any questions, or need any information please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI,JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. CLERK O OFFICE OF THE TOWN CLERK TOWN OF SOUT[qOLD November 17, .1983 · v ' Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ($16) 765-180/ Mr. Henry E. Raynor, Jr., Chairman $outhold Town PI:inning Board Southold, New York 11971 Dear Henry: Transmitted herewith is pertinent correspondence pertaining to the petition of John and Olivia Fellinger-lhar for relief under Local Law No. 11 with reference to major subdivision m~ap of Wood- bine Manor: ~ The Town Board asks..your Board to review the file and verify the fact that Fellinger-lhar is entitled to develop. Woodbine Manor in one acre lots. Very truly yours, Judith T. Terry South61d Town Clerk Attachments ROBERT W. TASKER Tow~x Attorney REcr-.iVED OFFICE 425 ~N ST. G~E~ORT, L.L, NEW YO~ 11944 u TELEPHONE (516) 477-1400 November 7, 1983 'To~ CIm4~ Sou'~'hoJd Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: John & Olivia Fellinger-lhar Major Subdivision Map of Woodbine Manor Dear Judy: You have referred to me the petition of John and Olivia Fellinger-lhar for relief under Local Law No. 11 for mY opinion as to whether or not the relief sought is required with respect to the above subdivision map · As you know, the purpose of Local Law No. 11 is to grant relief from the two acre requirements (enacted by Local Law No. 7 on May 16, 1983) in cases in which final map approval was not granted by the Planning Board prior to May 20, 1983, "due to circumstances beyond the control of the petitioners". You are aware of the fact that on August 9, 1983, the Town Board enacted Local Law No. 9 which excepted certain subdivision mgps from the two acre requirement imposed by Local Law No. 7. The text of Local Law No. 9 is contained in Section 100-31 of the Zoning Code. Section 100-31 B(2) thereof provides that Column A-4O (one acre lots) applies to the following subdi~/isi0ns, to wit: "(2) All .Jots shown.on major, subdivision maps upon which .the Planning Board has held a. hearing for preliminary map approval prior to May 20, 1983". (emphasis supplied) The information set forth in the subdivider's application indicates that the major subdivision map of Woodbine Manor received sketch plan approval on July 18, 1977; received a hearing for preliminary map Judith T. Terry November 7, 1983 approval on October 19, 1977; received October 19, 1977; and received final January 30, 1979. preliminary map approval on ~Ubdivisi~n map ' approval on Assuming that the sequence of events above set forth is correct, it is apparent that the developer, 'as a matter of right, is entitled to develop the major subdivision in question as one acre lots pursuant to Section 100~31 B(2) of the Zoning CQd~ as.. ad~led by Local Law No. 9. This being tl~e case, there, is no need fo~- t'he owner of the subdivision to seek relief ~rom the 'l~o~zn Board pu~sua~nt to Local Law No. 11. ' Yours very truly, ROBERT ~/. TASKER RWT :aa cc: Planning Board John & Olivia Fellinger-lhar JO6'iTH T. TERRY TOWN CLERK RI~GiS~FRAR OI" VITAL ST&TISTICS November 3, 1983 Town ttall, 53095 blain Road P.O. Box 728 Soutttold. New York 11971 TELEPHONE (516) 765-1801 Robert W. Tasker, Esq. Southold Town Attorney 425 Main Street Greenport, New York 11944 Dear Bob: I hereby refer to you the petition of John and Olivia Fellinger- Ihar request relief from the Bulk requirements of the Zoning Code with reference to WoodBine Manor, Cutchogue, New York. Please advise whether this petition comes under the provisions of Local Law No. 11 - 1983. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures INSPECTION REPORT No. '~8 D'ate:Dscember 2[}, 1978__] nd C. Dean ;erint~endent ~artment "~k%~ ~ze rec~,, ~ s~ ~ +~psoil, S~nd,-~x~a~+Zon (12~000 ~ 'O. ~.-to-dat~) 'from +recharge bas~ ~s ~ ~o~ from sorippz~ ~e-f. ~ ~ ~- ~th s~r6ng ~ ,~he~'~s dust~ from .'.ff~. :'~ :+d ~oc~)~e but sot tach Prom the topso~. .'~',[ , ',t' '? .' ...... loved and p!ecea el_sea{nero ?~:. cor~uL ...... ~.~_ scobs ~ b_e ~o,.~a ....... 'stcckpile to other ~eas znl =~. ~_Fel!~ger asked ~= ~ i. - f ~ne~ .~ . ~ -- +, -~ ~,o~d ~or'< for him in mo~_ng ~-- _ .... J~cobs ~- ~ ,bdivmszon. *'~" - - , ~ the s~d -: . '. Souiho~ $o~m p!~nning Bo~d ,' ~.O. Hi gb~-~aY Co~rAt't eg TOWN P.E~E~ED .., ,'~ .',,, '~ 00~!~1~, CHECK LIST TO BE SUBMITTED WITH PETITION '~ewfl Cie~.$~u~ha[d _ ·" Date ~ Applicant ~ ~ O~v~ Address ,: 71 ~.M~ ~e~ - ~ 7~: ~o~o~ -- ~bd~ivJs~on Name ~o~e/~ Hamlet .... Subdivision Classification fl~z~ Major .,,, Minor ', Number of Lots ]7., ', Number of Acres 20.2f/ , Sketch Plan Submitted '" 22/~ 1?77 : Application Submitted 6 7q77 · Sketch Plan Approval loe ~uZ~, 1777 7 (major"& minor) (major & mi. nq.r,) (maior & minor) Preliminary Maps Submitted 22 ~;~ 1777 Preliminary Hearing Held lq Oc.~obe,z ~?~ Preliminary Approval 7? Oe.:~e~ 7'~ (major only) (major only) (major only) Final Maps Submitted 16 Dece~er 1777 (major & minor) Final Hearing Held ~0 ~%,.,,~.y 797?? (major & minor) Final Approval (major & minor) (ATTACH SUPPORTING DOCUMENTS IF AVAILABLE,) JUDITH T. TERRY TO;~ CLERK REGISTRAR Ol' VITAL STAT[ST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Sour. hold, New York 11971 TELEPHONE (516) 76&1801 October Z4, 1983 John and Olivia Fellinger-lhar 11 Christopher Street '- Box 1545 Southampton, New York 11968 Re: Woodbine Manor Dear Mr. and Mrs. Fellinger-lhar: Your letter of July 24, 1983 indicated a desire to have your property reviewed for relief from the Bulk and Parking require- ments of the Zoning Code. .I am enclosing herewith a copy of Local Law No. 11 - 1983, and a Check List to aid you in preparing your Petition to the Town Board. A filing fee of ~100.00 must accompany your Petition when it is filed with me. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures l~. ?¥6e.~ 14). To&ex To~ o[ So~Ld ~25 ~ 7~' /oodb.um 0-) Ori~ -- Adg. Date couJ. d noi aoZve ,t./te p'~ d.w-ixm~e p,,to6Z~, on. &w.k '/brd Roaz{ o. qd. O,q. oeoe~n, Roo~ you ,,zfo come ,fro .,3e¢ u~,~z out ..,3ubt dLvL4Lon, co.,'zrcoi be ~eve. rozed asd ~ u6~ert L~ }u:z~ beoaz p.l.a.~,d tIo.,'c ord. co~, Le~ed {o,z oruz--~oze .Lo,Cz.. The ~,,~.~,d_ ~ ,,,~¢ ~q,z~_~ ~ pl_o_~ o,dy ~o .~' oM 0.~ pl_o~ 3J8 ?odod ,,~ze ea:z,,3e,,~ooz;Lu arud ,,3eeded ..¢./z¢/2uu~ ud_,Gt ~ ~eed. ,~ep LL~ co,M_,~.ac~ ud_;L4, uA, i~b.~, :~o /~onou, tou¢ corvt,~zci wouJ_d be a b,~eack o[- HENRY E. RAYNOR, Jr., CYtairman JAMES WALL ~ BEI'~ETT ORLOWSKL Ir. :' :GEORGE RITCHIE LATH.~,I, Jr. ] ' ~qLLI~t F. MULLEN, Jr. IELEPHONE 765-1938· July 18, 1983 Mr. and Mrs. John Fellinger-Ihar 11 Christopher Street Box 1545 Southampton, New York 11968 Re: Woodbine blanor ~Iajor Subdivision Dear Mr. and ~Irs. Fellinger-Ihar: Please be advised that the present lot requirement in the Town of Southold is 80,000 square feet. This was legislated by the Southold Town Board May 20, 1983. As stated in our letter to you, January 12, 1983, it would be .your option to resubmit an applxcation to subdivide the re- mainder of your property due to the expiration of your initial submission. Your present submission does not reflect the present lot requirement and we would therefore request that you resubmit --ma~s to reflect 80,000 square foot lots so that we may proceed. Thank you for your anticipated cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIR~N SOUTHOLD TOWN PLANNING BOARD By SusannE. Long, Secretary HENRY E. KAYNOR, Jr., Chairman $AMES WALL BENNETT ORLOWSKI, Jr. ' : GEOKGE RITCIt[E LATHAM, Jr_ "WFL-LIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 June 8, 1983 Mr. and Mrs. John Fellinger-Ihar 11 Christopher Street Southampton, New York 11968 Dear Mr. and Mrs. Fellinger-Ihar: The following action was taken bY the Southold Town Plan- ning Board, Wednesday, June 1, 1983. RESOLVED that the Southold Town Planning Board approve the minor subdivision of John Fellinger-Ihar & Olivia Fellinger- Ihar, dated February 14, 1983, located at Cutchogue. Kindly fo~ard three (3) copies of the final map to our office for approval to be endorsed by the Chairman. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRbtAiq SOUTHOLD TOWN PLANNING BOARD By Susan E.. Long, Secretary Sou~old, N.Y. 1 I97I HENRY E. IL4.YNOR, J'r., C~airman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI, .Ir. AGENDA ~GEORGE RITCHIE LATFL~%I, :WILLIAM F. ~iULLEN, April 18, 1983 /7:30 p.m. Public Hearing on the question of the approval of the minor _sub- w division of John & Olivia Fellinqer-Ihar, located at Cutchogue. 7:45 p.m. public Nearing on the question of the approval of the final map of the major subdivision to be known as Golden View Estates, located at Laurel. 8:00 p.m. Public Hearin~ on the question of the approval of the preliminary map of the major subdivision to be known as Settler's at Oysterponds, located aL Orient..~=~~m~"~ 8:15 p.m. Public Hearin~ on the question of the approval of the preliminary map of the major subdivision to be known as Bay View Ventures, Ltd., located at Mattituck. ~ 3umW_ ~ q ~ ~ ~<~ ~ ~ t~ ~ ~ j~ ~k~r~ 8:30 p.m. Skinny Dip Pools - Presubmission Conference 8.:45 p.m. Marine Associates, Inc. - Presubmission Conference-~u~%~6. 9!:00 p.m. Ms. Abigail Wickham, Esq. has scheduled an appointment to discuss %he change of zone application for Lawrence Bruno. Mr. Irving L. Price, Esq. has requested to speak with the Board at this time. 9:15 p.m. Munz/Catalano - Presubmission Conference Resolution approving the minutJs of the following Pl.anning Board meetings: Regular meeting - March 7, 1983 Special meeting - March 10, 1983 Regular meeting - March 28, 1983 Special meeting ~ March 31, 1983'~ Resolution to set 7:30 p.m., Monday, May 16~ 1983 at the Town Hall, Main Road, southold, New York as the time and place for the next regular meeting of the Southold Town Planning Board. Board to review Inspector John Davis' report ~284 regarding improvements to the right-of-way within the minor subdivision of Moebius Associates, Section II, Determination of the Board regarding a Professional Engineer to review the final maps of Hiqhpoint at East Marion and to set a bond estimate for same. Board to take action on the proposed amendments to the subdivision regulations Board to'take action on the proposed minor subdivision of Greenbrier Homes, located at Mattituck. San Andres/Kigambo-Maqara - Board to review this application and correspon- dence from David Saland withdrawing duplicate application. Board to review the following new p~gRg~al~l: Lula Mae La%ham at Orient Alberta S. Young at Laurel Richard J. C~on at Laurel Board to ~eport on the following field inspections: Leon Marcus George Malis-~· Northwind Village R.T. Kroepel Lawrence Bruno Daniel Shelley Verveniotos Board to review preliminary report of Constantine Georgioupolos dated March 8, 1983 and correspondence from Superintendent of Highways dated March 14, 1983. - Southold, N.Y. I I971 IIENRY E. RA. YNOR, Jr., Ct~:n,:vnan JAMES WALL BENNETT ORLOWSKI, GI~ORGE RITCHIE LATHAMJr. %~'ILLIAM F. MULLEN, Jr. AGENDA February 7 , 1983 TELEPHONE 765-t938 7:30 p.m. Public Hearing on Sadick & Schlussel 7:45 p.m. Public Hearing on Hill Crest Estates 8:00 p.m. Wilbur Fried has scheduled an appointment to discuss Senior Citizen Community - correspondence from Fire Commissioners, Greenport Water and revised maps to be reviewed. 8:15 p.m. David Saland scheduled to discuss Bayviaw Ventures, LTD 8:30 p.m. Mr. Artz scheduled to discuss Cutcho~ue ban}: 8:45 p.m. Richard Cron, Esq. to discuss Anqel Shores, Richard J. Cron minor subdivision, James W. Dawson right of way, Greenbriar Homes.. Greenbriar - needs sketch approval Richard J. Cron - decision to be made AnGel Shores - no action has been taken James W. Dawson - correspondence sent to Jack Davis on the well pipe and turnaround High~oint at East Marion - decision to be made, disclosure statement received Cutchogue Court/Library - revie%~ of site plan, correspondence from Town Attorney and from the applicant. Sal Caiola Site Plan - Planting schedule submitted - site'needs approval /~ellinqerTIhar - correspondence from Town Attorney, proceed with minor, reapply for major Abrams - board to review revised sketch showing interior circulation Mattituck Holdings - final maps showing interior circulation, needs approval and signature. Easement as indicated on map is subject to change, but not in elimination, by site plan review. Resolution to set 7:30 p.m. March 7, 1983. Board to review Inspector's Board to review INspector's received from applicant's attorney and Town Board's approval to release bond. ~nthon¥ & Helen Dris - Board to review correspondence from applicant's attorney regarding covenants on no further subdivision. for Public Hearing on Pappas & Athanoypolas report #271 on Reydon Shores report ~269 on Soundview Acres - correspondence th~ Country Club Estates - Board to review correspondence from applicant's antorney regarding access to lots within Subdivision. Diefendorf - Revised maps submitted, Board to review C&R's proposed for the property. Edward & Marie Cartnick - Board to review Town Attorney's correspondence, final approval has not'been given. DHS Realty - Resolution of the Board to update signature on the approval of the parking for this site plan. ~illispie Minor Subdivision - landowners request board to approve the . < .~ssuanse of a building permit subject to completion of improvements to · the right of way prior to issuance of a final CO. " ~olden View Estates - Attorney for applicant request final hearing, bond estimate'received and approved by board. Board to review the following new proposals: Russell & Joan Man~ James Manos Leterri .San Andres - Forest Glen Estates Donald & Lorna Tuthill 'lot line change Resolution for negative declaration for Lenzner and Catalano Resolution to set 7:30 p.m. March 7~ 1983 for next Planning Board meeting~ Field Inspection reports on the following: .Stern right of way Satriano/Patellis Hill Crest Estates Luce &Pennv C~tcho~ue Bank Cutchoque Librarv Board to review Inspection report 275 and correspondence from Richard J. Cron regarding the right of way of James W. Dawson. Constantine Georgioupolas - preliminary maps received, board to review for referral to Superintendent of Highways and Town Engineer. HENRY ~. I~hYNOR. Jx., Chairman JAMES WALL ~ENNETT ORLOWSKI, Jr. :'~GEORC~E RI~CHIE L~JI{A3,I, Jr. }~LL[AM F. MULLEN, Ir. Southold, N Y. 1197l TELEPHONE 765-1938 January 12, 1983 Mr. and Mrs. John Fellinger-Ihar 11 Christopher Street Southampton New York 11968 Dear Mr. and Mrs. Fellinger-Ihar Pursuant to_your request for a minor subdivision, I have enclosed the following correspondence from our Town Attorney, Mr. Robert W. Tasker. On the basis of his opinion you may file for a minor subdivision as you have indicated a desire to do. Please also make note that expiration of your major subdivision has expired, therefore, you may proceed with filing a four-lot minor and it will be your option to resubmit for the remainder of the property. If you have any questions, please feel free to contact our office. sel enc . Very truly yours, ~x Henry ~. ~aynor, Jr., Chairman Southold Town Planning Board UFFICE UF 1,,0¥,,~ ATTORNE TOWN OF~ SOUTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK '11944 January 7, 1983 TELEPHONE (516) 477-I400 Henry E'. Raznor, Jr., C~airp~n Southold Town Planning Board Main Road .Southold., ~Jew York 11971 Re: John Fellinger-Ihar (Woodbine Hanor) Dear Henry: On December 7, 1982, I sent you a letter in the above ~atter. It does not appear from your January 5, 1983 letter that you have read my first letter. Accordingly, a copy is enclosed herewith. Section 277 (1) of the Town Law (Approval of Plats; additional requisites) pro~ides, in part, that "all streets...storm drains... shall be installed all in accordance with standards, specifica- tions and procedure acceptable to the appropriate town departments ...or alternatively that a performance bond sufficient to cover the ~ull'cost of the same as estin~ted by the planning board shall be furnished to the town by th~ owner...such performance bond shall run for a term to be fixed by the plannzng board, but in no case for a longer term than three years., provided, however, that the term of such performance bond m~y be extended by the planning board with consent of the parties thereto." The effect of the above'quoted provisions of Section 277 is t~at the owner has the' option of either' m~king the required improve- ~nts or, in lieu thereof, posting the required perfor~nce bond. Mr. Fellinger-Ihar apparently elected to complete the improvements rather than post a bond. He has this right. However, in so doing, his subdivision ~p 'can not receive final approval until the improvements have been completed. In your December 1, 1982 letter to me, you sba~ed ~hat the ma]or subdivision m~p "is in the preli~nary stage." Your January 5, 1983 letter states, tha't the ~p "had received fznal approval of the Planning Board, January 30, 1979". I~y December 7t'h Henry E. Ra~or, Jr., Chairman -2- January 7~ 1983 letter dealt with a case of preliminary subdivisiQn approval. Apparently th.e map had. received final subdivision map approval, subject to conditions.- Subdivision 4 of Section.276 of the Town Law pro¥ides that "Conditional'approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have. been certified as domple~ed". Section A 1.06-24F(2) of the subdivision regulations contain a similar provisi6n, but per sm ts ~ot more than two 90.day extensions. Accordingly., t~e final ~ap~r~al would e~p.ire,at'the latest, 180 da~ after January 30, ~978 .(es~um~ing t~_o 90 day. extension~). With respect to the purported per nmssion of the Town Board to make impro~eme.nts in lieu of a bond, as indicated above, the owner has this option w~thout either the Town Board or the Planning Board approval. In any event, this can not prevent the Planning Board final map approval from expiring 180 da yu from January 30~ 1978. It'would be my opinion that the Planning Board approval of the final map.has expired; that the Planning Board can proceed with the application for approval of the four-lot minor subdivision; that thereafter, if the owner so chooses, he ~my submit a new application together with a new revised major subdivision map excluding the four-lot minor subdivision and the set'off lot (lot 2] and reque.st final approval thereof. Yours very truly, ROBERT W. TASKER R WT: aa HENRY E. KA~2qOR, Jr., C[~a£rman JAMES WALL BENNETT OKLOWBKI, Jr. GEORGE RITCHIE LATHAM, Jr. -WILLIAM F. MULLEN, Jr. January. 5, 1983 TELEPHONE 765-1938 Fir. and Mrs. John Fellinger-Ihar 11 Christopher Street Southampton New York 11968: Dear Fir. and Mrs. Fellinger-Ihar Our office has forwarded correspondence to the Town Attorney requesting his determination on the status of your major subdivision and its relation to your recently filed minor subdivision. As soon as we are in receipt of hi~ reply, we will~ expedite any action by this board accordingly. We will notify you when this matter will be placed on the agenda of the Planning Board. Please feel free to call our office questions. if you have any Very truly yours, HENRY E. P~AYNOR, JR. , CHAIRNAN SOUTHOLD TOWFI PLANNING BOARD By Susan E. Long, Secretary © 0 November 12~ 1982 Southold Town Planning Board Town Hall I~ain Road, Southotd, New York 11971 Att: Mrs. Long Re: Set. off Lot for John and Olivia Fellinger-Ihar Dear Mrs. Long: Pursuant to our telephone conversation of November 9, 1982, I enclose herewith four copies of survey for John and Olivia Fellinger-Ihar showing the property to be set off pursuant to the resolution of the Planning Board dated November 8, 1982. Please note that the owners of the adjoining lots are shown. I would appreciate your having Mr. Raynor stamp, sign and re- turn two copies of same to me. Very truly yours, SHEPARD H. SCHEINBERG S~/p 1 encs . HENRY E. RAYNOR. Jr., Cha~rmn 3AMES WALL · I~ENNETT ORLOWSKI, Ir. GEORGE,~RITCHIE LASfHAM,Jt_ · WILLI:KM F. ~IULLE~I, Sr. Southold, N.Y. 1 t971 November 9, 1982 TELEPHONE 765-1935 Mr. Shepard M. Scheinberg Scheinberg, De Petris & Pruzansky 220 Roanoke Avenue Riverhead, New York 11901 Re: John & Olivia Fellinger-Ihar Set-Off Dear Mr. Scheinberg: The followinq resolution was passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) to the lot designated as lot %21 on the preliminary sub- division map of Woodbine Manor, owned by John & Olivia Fellinqer-Ihar subject to receipt of four copies of the final map. Upon receipt of the above mentioned maps, the Chairman will endorse his approval; two copies will be returned to your office for your files. If you have any questions concerning the above, please feel free to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIR~N SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary © d. LvL,~Zor~ bb~ Z~.e 7au~ Poond. ca,~e ~u,M c~.,,~e ~p on. £~ p~,LLc Ae~U.,~ o~- Oc~ Z 1 CM.i_.~pk~ 5£~e~ - Bo~c zSZ~5 Te. Lepkor~. 283 0 SCHEINBERO, DE PETttIS ~c PI~UZANStrY AU6 30 RE',q August 26, 1982 Planning Board Town of Southold Southold, New York 11971 Attention: Henry E. Raynor, gr. , Chairman Re: John & Olivia Fellinger-Ihar Proposed Woodbine Hanor 5ubdivision Dear Mr. Ragnor: I am in receipt of a copy of gout letter dated August 19, 19B2 to the Southold Town Planning Board requesting from them a copy of any agreement they might have with the Fellinger-Ihars indicating there were certain waivers granted to the subdivision bg the Town Board. In order to aid you, I enclose herewith the following: copy of letter from the Suuthold Town Planning Board dated October 31, 1977; letter from myself to Albert Martocchia dated July 19, 1978, which sets out the basic agreement between the Fellinger-Ihars and the Town~ letter from Robert g. Tasker, Town Attorney, dated August $, 1978 addressed to myself; letter from myself to Mr. and Mrs. 3. Fellinger-Ihar dated August 8, 19787 copy of Contract dated August 16, 1978 between the Fellinger-Ihars and the Town of Southold; and copy of deed dated September 19, 1978 between the Fellinger-Ihars and the Town of Southold. The original deed was delivered to the Town Attorney, Robert Tasker. Once you have reviewed the enclosed, I would appreciate hearing from gOUT Board as to the requests previously sent to gou. SMS:ljc cc: ~r. and Mrs. Very truly yours, SHEPARO M. SEHEINBERG } John Fellinger-Ihar C HENRY E. RAYNOR. FREDERICK E. GORDON ~JAME3 WALL '~i~ENNETT ORLOW~KL Jr. ':t'2~EORGE RITCHLE ~THAM'; : Mr. Raymond C. Dean Supt. o£ Highways Pec0nic, New York 11958 Dear Mr.. Dean: P Southold, N.Y. 11971 November 20, 1979 TELEPHONE 765- 19~8 We have received a copy of a letter addressed to you from .Mr. Fellinger-Ihar. We would request a response at your_ earliest con+enience so should there be any further engineering -changes your office deems necessary so we may be aware of any variances to the specifications. · If we do not hear from your office within the next.thirty. days we Will presume that no changes are to~' made. Yours truly, HENRY E. RAYNOR, JR., CHAI~ SOUTHOLD TOWN f~ANNING BOARD 'HER/mt Copy to Mr; John Fellinger-Ihar ,.© Monday r~ght at the re.ar ~ ~ for cert~irz re$i~ '~ ~wn but it of suing e~.t~ken to ~!eviate ~ ~ a~ e~olos~g ~ copy of ~.~' ~f~i s~e that with f~l coop~ To~ Jo~ Copy ~o To~ Bo~d lng of ~2~e ~ Oregon :s~t of %he raw f t~t if i~edia~ ~blem +~e soma of tl%e ~%~3/sanoe ~gdivision but the t~he i~gJ~ ~ap of the T'~wn=$ 8reLuage ~l!v request *J~mt steps -digt or cower it' wi%h ~nt its blowing- .citer to~v~- ~sm- ~ion from b-im~d ~d!ed satisfactorily. trui~ y ~ December 21, 1978 ~. John Fellinger-Ihar 5180 Duck Pond Road Cutchogue, New Yo~K 11955 At a regular meeting of the Planning Board on December iSth, an attorney for some adjacent property o~mers lodged a complaint against ~ur subdivision because of the dust which-wa~s blow/_ng badly on ~ha~ date. We normally feel *~hat it is most ~uwise for developers to open themselves to lo'gal action by disturb/nE .the cover crop and leaving raw land to blow away at. this time of the year.. ~e w~uld r~Speotfu/~request that you take immediate steps t~o~rrect this..:mituation and would ~rther suggest that you contact SUf£oLk'Co~uty Soil and ~ater Conservation Distric~ at 127 East Main Street, Riverhead for possible temporary solutions as we feel this matter is o~ the utmost importance. In checking with the To~n Clerk I have discovex~d tha~ you appareled.failed to obtain a permit te move mate~i~l o~f premises and the attorney has ~oted that trucks were leaving the premises loaded with dirt. it would appear to us that you face some additional problems in this regard and suggest you immediately request the necessary public hearing to Obtain a required permit or i~mediately cease ~tl movement of material off +~he prem-~ses. truly, John Wic~am, ~nairm~u Copy to Southold 2own Board Soil & ~'ater Conservation District Southold T~wn Highway Department October 5~ 1978 Fa% John Fellinger-Ihar · Duck Pond Road Cutcho=~ue, New York 11935 . Ih ave conferred with SuperV~Ber and the Town of Southold does not accept part payment for ~he inspection fee on subdivisions. ~ The Town Clerk will hold the cheek for until suc/~_ time as you remit the balance of tbs $~, 6~0. · Yours truly, Muriel Brush, Secretary $outhold Town Planning Board I~$PECT ION REPORT No. 17 ~Rs~fmond C. Dean~ Su~erlntendent Town Hi~way'Depsrtment Southold~ New~ork DATE: September 29, 1978 John w. Davis ~ .' 7 RE: WO.0DB!NE MANOR at Cutchogue C OyfiV~N TS: ~ne swales k~ve been roughed out on about ~0~ of the project] - ~ere ars uo drainage' stract~res on this project except for a fut~e catch basin, S'+~rm sewer snd a recharge basin to be installed by the Town. Runoff from the' ~ southerly lots ~ould go ~o this 'recharge basin. .ill obber-~.noff goes to two vertical s.smd d~ai~ via .topsoil gras~ed wate~cays ~it.h flat gradients~ some are at 0.2~%, ~nis will require extra care in gradir~%. ~mer said hs would have to see ~nat hapFens ia storms ~ter swalss are' coml~_oted. ~e easLer!y R.O.W. line of ~ck Pond'~. hod been staked snd swale excavation h~s been started adjacent 'to it as nor plmns. (Y~-ner wanted to _move +,he swale location so th'at it would be 3 ft. from edge o~ existi~g pavement whicH' %~ould be partly ~thin I advksed' him that this ~-mnld not be accep~ab!e. ~mer ~rill t~f to have t_he two roads~ k and B~ stab~ized this year. Met M~. Fellinger-Ihar~ 'o~-mer~ a6 above s~fodivision as reqj~esi$d by'hfra. ~fork on this project has been in progress for two mbnthe. Ovmer is personally in charge o£ gradir~ ·operations. · . !$ork to da{e: . ~pso{% stripped ~t road_~reas_~ .sand drains: etc. and left in stock piles. Roads k and B have been graded mud most of the'Fgterial for pu!verm~xing placed. EXcavation is underway ~n the two sanc~ drain areas.' ~ne.ntrt~ierly' sand drain has beeu excavated to 6' To 7' bel~ ex%sting ground to get sand and gravel for the roads. The same procedure to be followed. in the southerly 'sand drain. The safld ~ains will: b~ hackfilled later with sand and 2ravel to plan elevations. ?ne road material in place will 'have to be blended with a sm ns~l .amount of loam and the oversize ~ravel tb. rown out~ also, I will ~ther investigate tb~ r~terial under the 6" of sa~d and gravel for tho roads +fnere profiles show minor cuts and f~ls.' C.C. South~ld Planniug Board C.C. Highway. Commi*.tee C.C.L.M. Tathill, P.E. :!~ DISTRICT i'{lOOO ~: SECTION i: 083. O0 1.102.00 i] ,OT 111o19.ooo THI~ INDE/~rlIJRE. made dm [ q day o£ September ~fineteen hundred and seventy-eight BETI~g-.~-N JOHN FELLINGER-IHAR a~d OLIVIA FELLINGER-IHAR. as tenants-in- commom, both re.siding at 3190 Duck Pond Ro,ad, Cutchogue~ New Y'ork~ p~?ty of the first pgrt, amd Town of Southold, a mtmicipal corporation, having its principal place of business at' (no number) Main Road, Southold, New York party of the second, parr, WITNESMETH, that the party of the first part, in consideration of Ten ($10.00) .................................................. dollars, lawful ~noncy of the United States. and other good ,and valuable consideration paid by the party of the second parr, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the parry of the second part foreve, r, AI.I. th-at certain plot, piece or parcel o£ ]and, with the buildings and improveme, m thereon erected, situate. lying' and beingi4i~:*P.e at Cutellogue, Towl2 of Southold, County of Suffolk and State· of New York, bo-~nded and described as follows: BEGINNING at a point on the northwesterly line of the land of John J. Walters, which point is the following courses and distances from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road; (1) North 39 ° 00' 00" Pond Road 238.00 feet; (2) North 49° 44' 40" land of Antone Haurus, West along-the northeasterly line of Duck East along the northwesterly line of the 168.11 feet; (3) North 39° 00' 00" West along the southwesterly line of the land of John J. Walters 23.85 feet; (4) North 49° 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, northeasterly, again northwesterly and again northeasterly along the land of the parties of the first part the following courses · and distances: (I) Nor,h 39° 00' 00" West (2) North 51° 00' 00" East (3) North 40° 27' 25" West (4) North 51° 00' 00" East and Peter Zuhoski; 269.69 feet; 143.50 feet; 275.08 feet; 20.01 feet to the land of Joseph Zuhoski nhence South 40° 27' 25" East along the land of Joseph Zuhoski and Peter Zuhoski, 541.02 feet to the land of Antone Haurus; Thence South 49° 44' 40" West along the lands of Antone Haurus and of John J. Walters 170.31 feet to the point or place of beginning. TOGETHER with a twenty (20) foot masement for laying and maintaining a storm smwer and for ingress and egress to the abo.ve-descrihed parcel of i~nd, th'e center line thereof described as follows:. BEGINNING at a point on the northeasterly line of'Duck Pond Road, which, poing iJ North 39° 00' 00" We-st 3~8.00 feet from a monument set at the intersection of the northeasterly line of Duck Pond Road with the nort~esteriy line of Oregon Road and .. running thence P{orth. Si° 00' 00" East 3O0~.00 feet to a point in the southwesterly lime o~ the above-described p~arcei of land. TOGETHF.-~ with all right, title and interest, i[ any, of the l~r~y of the fir~t paa-t in and to may streets and roads abutdng the above described premises to the center lines the[eof, TOGETHF--R with the appurtenances and ail the estate and rights of the party of the .first part in and to said premises, 170 HA¥~ ..~'qD TO HOLD the premises hereir~ granted unto the party of the second.part, the heirs or successors a_nd assigns 'of the party of the se~:ond part foreve]r. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered itt any way whatever, except as aforesaid, AND the par~y of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receiYe the consideratmn for this, conveyance and will bold the'right to reoeive such consid- eralion as a trust fund to be applied first for the purpose of paying the cost of'the improvement and will apply the same first to the pa)maent of the cost of the itnprovement before using any part of the total of the same for any other purpose. The word "pare3," shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~ W-I-IEREOF, the party o£ the first part ha~ duly executed this. deed the day and year first above written. JOHN FEL~rSGER-IHXR'~/ / - D' OLIVIA FELLINGER-IHAR ~' ~ fl~ of SopCember 1978 , ~re me ~rmn~y ~e John Fellinger-Ihar and Olivia Fmllinger- Ihar to me ~own to ~ ~e i~ivldu~ d~c~d in and who ~med the foregoing instrmmt, and ~wl~g~* ~t they ==ut~ ~e ~; ~HEP~'~D P~- STATE OF NEW' YO~K, COUHTY 03: ss: On /:he day of 19 , before me persortally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corpornte seal; that it was so affhxed by order of the board of directors of said corpora- tion, and that he signed h name thereto by l~e order. On the ' day of personally came 19 . before me to me known to be the indivichmt described in and who executed the foregoing instrument, and ad. mowledged that executed- the ~m~, $.TAT~ OF NEW YORK, COUNTY O~ ss: On the day of 19 , before me personally came to me known, who, l~eing by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation descn'bed in and which executed the foregoing: instrument; that he knows the se-al of said corporation; that the seal affixed to said i[~strumeot is such corporate sea/; that it was so ~.ffixed by order of the board of directors of s~id corpora- tion, an, d that he signed h n~,n¢ thereLo by like order. S0~N FELLtNGER-~AR and 0LtV~A FELLINGER- IHAR TOWN OF SOUTHOLD, a municipal corporation BLOCK LOT COUNTY OK fOWN RETURN BY MA/L TO: TITLE GUARANT6Ei- NEWYORK ROBERT W. TASKER, Esq. Office of Town Attorney Town of Southold 425 Main Street Greenport, New York Zi~No. l1944 o ~0~ ~ ~OSS~. '~ fo~ of co¢~ ~ ao exg=e~ ~ro~o~ ~ [o ~i~ of t~ b~ ~ or o~er ~ ' b~o~e de~v~ of ~e d~ U~e¢:~ ~oa is m~ [he p~o~iom-o~ S~o~ ~-ZSH of ~ O~ ~ AG~, ~ ~ / ~ ~8 BEtw~.~:~ JO~ FELLIN~P.-I~R and OLIVIA FELL!~GER-I~R, ~is Wife, rasid~g at 3180 ~k P~ ~ad, ~tcho~e, bereM~e=~scJ~ ~sS~8=r, ~ To~ of Sodthold,' a municipal co=poration., havimgs its pr~hipaI pla~ of b~ess at (no n~h~) PW~n. ~ad, Sou~old, iq~ York herei~er de~rib~ ~ ~ESSETH~ SeRes a~e~ to s~ ~d conv~, ~d P~chaser a~e~ to p~c~se, ~ ~r c~ plot, pi~ or ~c~ o~ hn~, ~~~~K~a des~ipd~ o{ whi~ {s ~n~ed hereto. ~,/a% C~tghp.gu%, Tpx~,of So~thol~ ,¢o.unty o:f Suffolk, .S~te of Newark i. tm~ sam urgers '~ r~t; ~ue an~ m~ ~z .~y, Or '~et~ m ~na~ ~y ~ l~g m ~De~ 9r ~y. s~e~, or avenue open~ 6r prbpos~ in ~ona of or zdjoin~g s~ pr~ an~ ~ ~i~z,.dtle a~ [ater~ 0~ S~er M =& ro ~y awed maSe or to ~ ma& ~ ll~ ther~f m& Maud ro ~ ~paid~aw~d for A~mage to ~aid ~,~:r~pn change of grade o~ ~y s=eet; and SoRer wffi ~e ~ ~v~ to ~. on ~,~,~.,:,f c~d=, or MI proper Msr~mems for ~e ~nveiance b~ ~ rifle an& the ~ss;~en~ ~d co~2crion of ~)' ~u~ ~& 2. ~e price h ONE T~OUS~D, F~V~ HU24~ ($~, 500.00) ................ payable as %Row$: NO ............................. & .................... Dolh=, on the siguhg of this cnn~a~, by ~e& ~bje~ m ct~ecdo~ the receipt of w~. is h~eby acknowI~d; ONE ~OUSAND, ~V~ ~OND~D ($~,500.00) ......................... ~ars, on the deEvery of ~e 8e~ ~ ~reim&er provided, Lq ~h, certi~ea che&, check of ba~ or sa~ngs and l~n &awn either co the order of Se~er or ~r, ~cept that upon request of SeE~ made nor less than 2 business days prior m ~e dosLqg, P~=er ~ d~ver certified ~ &awn in ~e manner so requite. tide subject to a first mortgage now a lien on said premises, Lq that axnonng bearing intezest at the rote of cent per annum, the prLqc£pal due and payable in . Said mortgagu is in favor of and is payable in installments of $ month covering interest and ~.mordzatinn of principal, together with monthly payments of 1/12rh of the manual taxe ' of which mort'gagu and the bond secured thereby, is annexed hereto). It is understood thar $ is the balance now due on this mortgage Should the balance bo more or lems than said amount, the c~5h payment to at dosing over the said mortgage shai/ be adjusted accordingly, so fiat the full parch~e price of $ Dollars, by Purchaser executing, acknowledging and to Selle~ a bond, or at the option of Seller, a note secured by a purchase money mortgage above premises, in that amount, payable together with interest ar the rare of per cent per annum payable 3. Any bond or note and mortgage to be given hereunder shall be on the standard forms of Board of Tide Undenvriters for mortgages of like Ilea; and shah be drawn by at ~e ex'pense of $ to Purchaser, who shall also pay the mortgage recording mx and 4. If there be a mortgage on the premiscs Sdler agrees ro ddiver to time of delivery of the deed a proper certificate exerted and acknowledged by the holder of such mortgage and in or recording, certifyLqg as to the amount of the unpaid prLqdpal and intere~ thereon, date of maturity thereof and thereon, and s~ller shall pay the fees for recording such certificate. Should the mort m defined in 5ertion 274-2, Real Propers:3, Law, the mortgagee may, in lieu of the said certificate, focnish a letter duly authorized officer, or empIoyee, or agent, conraining the information required to be set forth in said represents that such mortgage will not be in defauIt ar or as a recult of the delivery of said mort- ga.ge, nor any modification thereof contains an), provision to accelerate payment, or m change any of the or provisions thereof by reason of the delivery of the deed hereunder, tf the mort~gee is a savings and Dan 5. Said premises are sold and are to be conveyed subject to: · a. .Applicable zoning, regulations and ordinances which are not viohred by e~xisdng structures, or the present use or maintenance thereof. b. Any state of facts an accurate survey may show, provided same does nor render title unmarketable. c- Public otiliry easements within 10 feet of the perimeter of the premises, provided that no presend¥ existing srrac~ nares are located wkhin the area of easement. d_ Covenants, restrictions, reservations and agreements 7. AH .ores or ~[i~s of ~olations of law or municip~ ~dinances. orders or requkemenm noted in or i~od by the De~en~ of Ho~ing ~d B~ldLqgs, Fke, ~r, Health or other Store or Munici~ De--em having ~u~di~ion, against or affecting the pren~i~ ar the dare hermf, shall be complied wi~ by S&Her and r~ pre~ses sha~ ~ conveyed free of the sine. Se~er ~h~ ~ni~h ~&aser with ~ authorization ro ~ke the n~ smtehm therefor. 8. IL xr the time of the delive~ of the deed, the premises or any ~m rher~f sha~ be or sha~ have ~n alleged by m ~sessment or assessmmrs wMch ~re or may ~come payable in annual insm~enm, of which the first insm~ent is then a charge or lien, or has been paid, then for the p~ses of tMs conma~ aR the ~id imr&en~ of any such a~ms- merit, induing those which ~e ro ~ome due and pay~Ie after the delive~ of the de~, sha~ be deemed ro ~ due and p%'abIe add to be lie~ upon the p~ises ~f~ thereby ~d sha~ be ~id and dis~ged by Se~er, u~n tbe delive~ of the a~. __~ 9: .The foltowiag ere to b~'appordoned: Oa £a~ Da~l:3 O£ me 'nell year (December ist through No~m. be~.3Oth). ~,~Xyjilag~_w..SKR~l~riN~c~l~~li~ClZd 10. If the dosing of the al'de ~h~l[ occur before the tax rare is fixed, tha apportionment of es.xes shall be upoo. the.basis of the [ax rat for the next- pr~edfng ym~r applied ~o d~e latest ~ {~uado~ 11. The deco[ ~hnl[ be a Bargain ned. sale deed With co~enaor ~gMnst gra~or's a~s ha proper statutory short form for record mud shsl! be dmly.e~echte&anci acknowledged so as to com'ey to ~urchuser the fee simple of the said prvrn;~es, ~zee of aL[ encumbra~cas; e3o:epr as herein stared, and shall contain'the covenant teq~red by sablhvision 5 of Section 13 of the Lien Law_ ' 12. At the closing of the tide SeLler .shall deliver to Purchaser c~h or a certified check to the order of the recording office of the cotmty ia.which the deed is to he £ecorded. for the amount of the transfer tax;to be af~xed thereto in ac- ~-~ ~l,~,,~ ,~y res.sun ,me-u~kvery 'or me ~ee~, arm ' a ret=i:n, if my:be rewamM d~v siun~4 ,na'~wa,, m h and Pus~a.o~er als9 agree~ m,~stga and swe-a~ to the return ~d ;o caas~ rah~ chenk.~tc~, the xemXn .to be: delivered ko the ~ppropriaze ~unry nfffc? ~ pLom~iy aftkr ~bo~bsing.of'-tiH~. In the al~adve~ S~e~ may aullow pa/chaser ~ credit, for iny of the foregoing ~v~/si mci ~:ct~er -~all paxy same 13. SeLler shaJl give aa~ Pur&aser alkali accepi'x marketabIe ride, in accordance with. the terms of this comzazt; and one which a vide company lifend~d to'do business ha, the State of New York, wil~ a~prove a~d'insttre. 14_ ALl stuns pa~d on acco~3nt of this contract,, and the reasonable ~x-pe'a~es of the e'~u,~ination of the tide to said prem- i~e~ and of the so_trey, if any, made in cormection th~.rewich are hereby made lien~ on ~aJ.d preuXises, 'but such liens shall not continue after defauk by Puschmer under this contract. .The a~ouat of any map,aid taxes, ~sessmen~s, ~amr chazges, and sewer rents which Seller i~ oblivared m schasg_e~, wtth _the in.t~t ~ '~t~.hald~ thereoix {o % date nor- lass than two business days after r~e-~a-r%-~-[ d'~si~ titl-'e] ~y ,~L tqe opoon o.r ~ef, .,~ .~o, wed ,tS P~chaser out of the l~nc~ of the pnsc~u~e price, provided official bills there- £ ~lal interne a.~n ~11~[1~ mereon rxgt~red to, sad,date a~e f~nished by SeLler at the dosing. 17. If at the dare of doshag there may be any other liens or em:umbrances which Seller is obligated to pay ami Sdler may ute any Porvioa of,Lhe balance of/he purchase price to safi~fy the same, provided Seller ~hall simulmneouily either deliver to P2rchaser az;the i:loshag of tkld iusu~ume~zs ha reensdabi~ form and, str[ficieaz to satisfy such Lle~ encumbsances of record together with, the cost 6f recording or filing said iosmmaen~; or, provided that SeLler bas made arrangemenu with the dfie company employed by Pu!rch~.r ha advance of dosing, Seller will deposit with said company suf2icieor mohies, acceptable, to axd required, by it to ibs'~e obtaining and the Zeeocding of vach satisfactions and. the issuance of tide iosttmnce to.~ur~ free of any such .Liens mad dncumbranee~, or w~th has.ante against enforcement of a~rne out of the insured premL.~s. The existence ole any such taxes or o~er llem and,enc~-~hrances ~hall not be deemed objections to ~ifle if the Setler ~ comply with the forego~g requirements. I8.. If a search of the fide a!,sdoses judgment, bankruptcies or other returns aga.hast other persons having -~-~es the same as or simiiar to that of ~eller,, Seller will oa recluesr deliver to Purchaser an a.ffid,Fvir showing that such judgments, bankruptdas or other zemn~ are ~or ,%valnst SelI~r. 19. if Seller is unable to convey ddt in accordance wifl~ the terms of thru contracg except for Seller's willful default, the sole liability of Seller wD1 be to refund to ~:~zchaser the amount paid on account of the purchase price and to pay the net co~ of ew,~-inhag the fide, which cost is nor to exceed the cha~ge~ £~ed by the Board of Tide Underwriters, and the ne~ cost of any survey mac~e in connection therewith hacnrred by Punch, er, and upon suck refnnd and payment being made chis contra~ shaft be considered cancelled. 20. The deed shall be delivered upon the receipt of said payments at Purchasers lending iosfimfion or at the office of 21 2%e -;55 az?r .%~?onta_ggen~czes have been met herein, or sooner ~pon the agreement · r roes represe .... nO broker of the parities. 22. It S understood and agreed that v2I mxderstandings and agreements heretofore had between the parties hereto are merged in this contract, which alone furl3, and completely expresses their agreement, mad thaz the same is entered into after f,,/l im'estigation, neither party relying upon an), statement or representation, not embodied in this contract, made by dae other. Purch~ has inspected the buildings standing on said premises and is rhoronghly acquainted with their condi- tion mad agrees to take rifle "as is" and in their present condition and subject to reasomable use, wemr, teaz ~.nd nararal deterioration between the dare hereof and ~he dosing of title. Seller agrees that the pliunblng, heating and electrical systems shah be ia working order at the vitae of the dosing of title and the premises shai! be vacant. Purchaser shall h~ve the right to inspect the premises ~. reasonable time prior to dosing. The accepta~cesof a deed by Purchaser sh~l be defined full performance bi ~ad discharge of Seller of ali terms, condkfons and agreements made or required to be perforvaed hereunder and no liability therefor on the iyart of Seller shall survive the delivery of the deed. 23. This agreement ma), not be changed or terminated orally. The stipulefions ~forasaid are to apply to and bind the heks, erectors, administrators, successors and assigns of the respective parties. ~4. If rv/o or more persons constitute either Seller or Purchaser, the word "Seller" or the word "Purchaser" shaiI be construed as if it read "S~llers7 or "Purchasers" whenever the sense of this agreement so requkas. IN WITNESS WI-IEILEOF, this a~eemeor has been. duly executed by the parties hereto. OLIVI~A~ FELI~]],iqt~ER- lEAR ........................................ CONSULT YOUK LAwlrER BEFOI~E .SIGNI/qG xHIS INSTRUM~NT. SUFFOLK COI/N~' BAIl. A,~O. POI~.£ RIDER TO CONTRACT BEZ%~EEN FELLINGER-IHAR, Seller, and TOI~I$ OF SOUTHOLD, Purchase~ 1-078: DESCRIPTIO~ OF PROPERTY BEGINNING at a point on the northwesterly line of the land of John Walters, which point is the following courses and distances from a monument set at~ the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road; (1) North 39© 00' 00" West along the northeasterly line of Duck Pond Road, 238.00 feet; (2) North 49° 44' 40" East along the northwesterly line of the land of Antone Haurus, 168.11 feet; (3) i~orth 39° 00' 00" West along the southwesterly line of the land of John J. Walters, 23.85 feet; (4) North 49© 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, north- easterly~ again northwesterly and again northeasterly along the land of tha parties of the first part the following courses and distances: (1) North 39° 00' 00" West 269.69 feet; (2) North 51° 00' 00" East 143.50 feet; (3) North 40° 27' 25" West 275.08 feet; (4) ~Jorth 51© 00' O0TM East 20.01 feet to the land of Joseph Zuhoski and Peter Zuhoski; thence South 40© 27~ 25" East along the land of Joseph Zuhoski an~ Peter Zuhoski 541.02 feet to the land of Antone Haurus; thence South 49° 44' 40" West along the lands of Antone Haurus and of John J. Walters 170.31 feet to the point or place of beginning. TOGETHER with a twenty (20) foot easement for laying and maintaining a storm se~.zer and for ingress and egress to the above-described parcel of land~ the center line thereof described as follows: BEGINNING at a point on the northeasterly line of Duck Pond Road, which point is North 39° 00' 00" West 388.00 feet from g monument set at the intersection of the northeasterly line of Duck Pond Road with the north- westerly line of Oregon Road and running thence North 51° 00' 00" ~'ast 300.00 feet to a point in the southwesterly line of the above-described parcel of land. RESERVING ~D EXCEPTING therefrom all of the soil not used in construction of the recharge basin to be erected within the property lines, which soil, the second party agrees to deposit at a location hereinafter to be .designated by the first party, said designation to be within 100 feet of the property herein being conveyed. FELL INGER- IHAR, RIDER TO CONTRACT BETWEEN Seller, and TO;~ OF SOUTHOLD, Purchaser · 1978 of 6he Town o[ Southold passing a resolutio~ authgrizing th~ase of ~he within property upon the terms as set forth in ~ontract, which resolution shall be subject t0 a permissiv~e~u~ ~d ~nis Contract is further subject to and contin~n~'either the passage of thirty (30) days after th.e date o~~by the To~ ~oard of the Town of Southold author~~roperty herein and no referendum petitio~~~ ~r i~ the event a permissive r~~%~?~e of the referendum agreed be~~r~. skatl b~e da~ this contract. In ~~~ ~thin said time The pa~ties further agree t~t although the purchase price, the To~ of Southold is paying to the Fe~llinger-Ihars is $1,500.00~ that the true value of the property being conveyed hereunder is $13,000.00 and that by the Fellinger-Ihars receiving only $1,500.00 from the To~ of Southold, it is the inten.~ion of the perties that the balance of $1i,500.00 would be as a gift or donation to the To~ by the Fellinger-Ihars. JOHN FELLINGER-~'IHAR J OLIVIA' FELLINGER- I~R -- ' TOWN OF SOUTHOLD COU2'qS~LOR$ ~.T LAtz August 8, 1978 Mr_ & >Irs. J. Fetlinger-Ihar 3180 Duck Pond. Road Post Office Box 47 ~ugchooue, New ~ork 11935 Re: Town of Southold · Dear John and Olivia: Enblosed please find ~o copies of contract between yourselves and th~ Tov~ of Southold covering the recharge basin. Please sign both at ~vo places and return same to me in the enclosed envelope. I have, in the interim, contacted Richard Cron, attorney for b~r. Haurus and have sent to him a Release of Mortgage in order to release the stm~p property from Mr. Haurus' mortgage. There will be no necessity for you to pay any consideration for the release othe~ than a fee to I,~. Cron for the time he expends in contacting !~. Haurus. Bob Tasker, the Town attorney, has also advised me that there is no necessity to obtain a minor subdivision approval from the Planning Board in order to Cut off the sump area. He also advises me that he does not believe that there is a necessity to have the contract subject to a permissive refecendum and has stricken same from the contract. Very truly yours, SMS:lc Enclosures Shepard M. Scheinberg August 3, 1978 Shepart A,'L Scheinberg, Esq. Sch~inberg, Wolf, De Petris, Pruzansky & 1V~ahoney 2~0 I~oanoke Avenue Post Office ]Box '599 Riverhead, New York 11901 Re: Fellinger-Ihar w/ Town of Southold Dear Shep: Enclosed herewith in duplicate are the contracts in the above matter which have been executed by fhe Supervisor. As I advised you the other day, [ do not believe that this acquisition is subject to a permissive referendum.- Accordingly, I have deleted any references to a permissive referendum in the contract. Will you please h~ve the contract signed by the sellers and · retnrn an executed copy to me. I should also like to have you advise me whether or not present title is insured and if' so the company and tifle number. Yours very truly, ROBERT W. TASKER RW T: Enclosures .Deer ~. Tasker= Z have bse~ di?ectsd by Vioe-C~nairman Hemz~y E. Ra]¢~or¢ Jr. of the SouthOld To~ P~g Bom~d to ask you ¢ ~ · ~o. a ~,~u~itten devei~¢ed by Jg~ ~d Olivia Fel!~ger-~. %~e Fel!Luger~ ~n~s a~e to~ pay the inspection fee baaed cm this ~ount but deSire'no~ to post the bond but complete ~ req'~ements before the s'~mg of' the fir~ map. k'o ~s truly .~ %'~riel B~aa'--*._ ~. Secretary Southold To~,,~ Ple_~_~.in~ Board SCHEINBERG. %VOLF, DE PETRIS, PRUZANSK¥ 8c MA-HONEY I~IVERHF-,A.D, NEW Yol~li. July 19, 1978 Albert M. Martocchia, Supervisor Town of Southold Main Road Southold, New York 11971 Re: Fellinger-Ihar with the Town of Southold Dear Al: This letter is to confirm the understanding between the Town of Southold and the Fellinger-Ihars in connection with their proposed subdivision, known as Woodbine Manor. The Fellinger- Ihars agree to make all of the necessary improvements as re- quired u~der the subdivision regulations of the Town of Southold p~ior to the Planning Board signing the subdivision map. They further agree to pay the stnn of $2,640.00 which is 4% of $66,000 as and for inspection fees to be made by the Town to verify that the improvements have been made satisfactory to Town specifi- cations. They further agree to sell to the Town and the Town agrees to purchase from the Fellinger-Ihars, approximately one acre of land located on the southerly end of the proposed subdivision, which has been designated on the proposed map as "parcel proposed to be dedicated to the Town of Southold, one acre+" together with a twenny-foot easement running from said parcel To Duck Pond Road, all for the consideration of $1,500.00. I have spoken, to Bob Tasker relative to this purchase by the Town and he confirmed my understanding of the law that the Tovm must pass a resolution authorizing such purchase and said resolution would be subject to a permissive referendum; that would mean that after the passage of the resolution and advertisement of same, a penition, would have to be obtained and submitted to the Town within thirty days thereafter to put the question of the purchase to the voters of the Town. If the petition~t~gt filed within 30 days, the voters of resolution stands and the Town~tan proceed with the purchase. © © Albert M. Martocchia, Supervisor July 19, 1978 Page 2 The contract would contain a provision that although the pur- chase price to the Town is $1,500.00, it is agreed between the parties that the actual'value of the property is $13,000 and that the balance of $11~500 will be a gift or dedication to the Town by the Fellinger=Ihars. The contract would fur- ther provide that the Fellinger-Ihars reserve to themselves and do not intend to convey title to the Town of all soil that is excavated from the r&charge basin and not utilized in the construction of the recharge basin and that thc Town will pile such excavated soil a~ a designated site. I have some question in my mind as to whether we are not making a minor subdivision by conveying this acre parcel to the Town prior to the finalization of our major subdivision map. There might be a requirement that the Planning Board issue a resolu- tion approving the minor subdivision of the recharge basin acre from the balance of the major subdivision. I have contacted Alden Young to prepare a metes and bounds de-- scription of the recharge basin parcel and right-of-way so that I might prepare the necessary contract. Very truly yours, Shepar~d M. Scheinberg SMS:lc CO.' ~r. and Mrs J. Fellinger-Ihar Robert Tasker, Esq. Planning Board © © WOLF, DE PETRIS, PIIUZ~SKY ~: /VL~tOATEY CO~3I~IStgLOF~S AT h~%* June 22, 1978 Planning Board Town of Southold S0uthold, New York 11971 Gentlemen: As you have been previously advised, our firm represents lvk. and Mrs. Fellinger-Ihar relative to their proposed major subdivision known as Woodbine Estates. The amount of the bond as proposed by your Board has been a problem to 1~. and Pks. Fellinger-Ihar. It is their contention that many thousands of dollars to be included in the bond are to cover services to be performed by the To~n, i.e.: the Tow~ will be acquiring approximately an acre Of property from the Fellinger-Ihars and shall be constructing the recharge basin at the Town's cost and expense and not at the Fellinger-Ihar's expense. In additionl;, the bond includes a sum of $50.00 per tree times ninety trees, for a total of $4,500.00; the Fellinger-Ihars desire a clarifidation as to tke type and size of the trees that are the subject o~ the $4,500.00 allocation~ As such, we request a meeting with your Board and with Mr. Tuttle, your engineer to review the requirements of the Board and the specific specifications. SMS:lc Very truly yours, She~ard 1~_. Scheinberg cc: Supervisor Martocchia Mr. & Mrs. Fellinger-Ihar .:sgn~pard~M. Scheinberg, Esq. ,~0 Roanoke Avenue ..Riverhead, ~M York llg01 Dear Mr~ Scheinberg: ~he following action was taken by the Southold Town Planning Board at a regul~ meeting held January 30, 1978. RESOLVED tO approve the final map of the subdivision known · as "Woodbine ~auor'~ owned by Mr. and 2ers. John Fe!linger-ihar ~subJect to: .Approval of the Suffolk Cou~ut? Dept,' of Health. 2. Appro~al of the Suffolk CountT Dept. of Environmental Control. 3, Lot numbers being placed on the map by the Suffolk County.. Real Property T~ Agency. 4. ~ec$~pt of bond by the Town Clerk and receipt o£ inspection fee by ~he Town Cterk~ The amount of the bond has bean presented by Mro Tuthill but the board has not acted on recommending the amount to v. he To%~n Boardas Of this date. ~ours truly ~ Murie! Brush, Secretary Southold Town Planning Board JC~e~v. ceo,z of':' t':¢ f,ocr~ o/',. r- ~, ~ , ,'!'et., :o.?,.,? l~ .,' 7 .~e,VO,:l;-m,zce 6or,Z Shepard M. Scheinberg~ Esqo 220 Roanoke Avenue ~P. 0. Box 599 Riverhead, New York ll901 Dear Mro Scheinberg: March. 2, 1978 Re: Woodbine Estates On February. 23, 1978'the Southold Town Board discussed your l'etter of February 16, 1978 relative to.the proposed bond for "Woodbine Estates". It is the opinion of th~ Town Board any question you might have relative to the appropriate amount, of this Bond should be discussed with the Planning Board~ Very truly yours~ Judith T. Terry Town Clerk $outl~ld. N.Y. 11971 February 28, 1978 Shepard M.iScheinberg, Esq. 220 Roanoke Avenue R_lverhead, New York ll901 Re: Woodbine Manor Dear Mr. Scheinberg: The followkug action was taken by the Southold · Town Planuing Board at a regular meeting held February · 14, 1978. RESOLVED to recommend to the Southold Town Board the bond estimate of $66,000 as prepared by Lawrence M. Tuthill, P. E., for the roads and drainage in the subdivision known as "Woodbine Manor" owned by Mr. and Mrs. John Fellinger-Ihar. I have forwarded a copy of the ~ond estimate arid this resolution to the Town Board for its action. Yours truly~ Muriel Brush, Secretary Southold Town Planning Board SOuthold Town Board ~ownHall ,Southo!d~ ~ew York 11971 The following action was taken by the ~outhold Town Planning Board at a regular meeting held February 1~l, 1978. RE~DLVED to recommend to the Southeld estimate of ~66,0~9 as prepared by. _Lawrence for the roads and drainage in the subdivimi ,F~nor~ owned by Mr. and !,~$, Jo?~ Feiiinger !own Board t~he bond Tuthill~ P. E.~ known as ~'6oodbine Ihar. Muriel Brus~, Secretary Southold TO~ Planning Board SCEIEI~IBERG. ~,'VOLF, DE PETRIS. PttUZ2~'q'SK¥ ~ }¥[.~ItONE¥ February 16, 1978 Town Board of the Town of Southold Main Road Southold, New York 11971 Re: Woodbine Estates Gentlemen: Recently the Planning Board approved the filing of the sub- division map "Woodbine Estate" subject to certain contingencies, one of ~hich being the posting of a bond in an amount to be determined by the Town Board based upon the recommendations of the Planning Board. An engineer retained by the To~n estimated the amount of the bond at approximately $66,000.00, which the Fellinger-Ihars feel is most excessive. In their opinion, they believe that the bond should be in the approximate sum of $22,000.00. We would greatly appreciate meeting with Supervisor t4artocchia, the tovm engineer and a representative of the Planning Board so that we might fully discuss and come to an agreement as to the amount of the bond to be posted herein. I~[ay I please heal from Supervisor Hartocchia's office relative to a time, place and date of this meeting? Very truly yours, S~epard'M_ Scheinberg SHS:lCo~ut cc: hold Tovm Planning Board htr. and ~[rs_ Fellinger-Ihar .RAYMOND C. DEAN '. ~ Superintendent Tel_ 765-3140 734--5211 January 30, 1978 Southoid Tovm Planning Board ~in Road Southold~ New York 11971 Re: Subdivision of Jo~r~ & Olivia Fellimger-Ihgar Duck Pond Road, Cmtehogue~ New York Gentle~n: Z enclose herev~th photocopies of the letter and map of the parcel to be dedicated to the Towr~ of Southold. This is my approval and it supersedes my letter of August 2, 1977. Sup't of Highways C SCHEIN~Ei:IG-. WOLF, DF.' PETRI$; 13{RuZA--'N'SIiY ~1 1V[A/{ONE¥ I~.IVERHEAD, NEW- Yoax January 12, 1978 Mr. Raymond C. Dean Superintendent of Highways Town of Southold Mgin Road Peconic, New York 11958 Re: Subdivision of John & Olivia Fe!linger-Ihar Duck Pond Road, Cutchogue, New York Dear Fir. Dean: Confirming our telephone conversation of January 12, 1978, relative to the above matter, I enclose herewith a photocopy of a portion of 'the proposed Fellinger-Ihar subdivision showing in particular that area surrounding the parcel to be dedicated to the Town of Southold. The photocopy shows in particular,.an area comprising 50,191 square feet entitled "Parcel to be dedicated to the Town of Southold", which parcel includes a 20-foot-wide strip of land running along the easterly line of the subdivision connecting with a cul-de-sac at the end of Ihar Lane. It is proposed that this entire parcel be conveyed to the Town of Southold of which the 20-foot-wide strip leading from the cul-de-sac would supply access for your machinery to go into the re-charge basin. In addition, the Ihars would grant a right-of-way to the Town covering a 20-foot-wide strip of land comprising the 10 most southerly feet of lot 20 and the 10 most northerly feet of lot 21 running from Duck Pond Road easterly to the parcel to be conveyed to the Town. It is desired by the Ihars that this 20-foot-wide easement not be paved, but they would restrict same under the covenants and restrictions from the owners Of lots 20 and 21 making any plantings or improving the surface of the ground at the location of the easement other than the planting of grass. If this proposal meets with your approval, I would appreciate your · writing a letter to the Planning Board of the Totem of Southold setting forth your specific approval, as well as advising them Mr Raymond C. Dean Superintendent of Highways Town of Southold that this decision supersedes SMS:ssg Enc. your letter of August 2, 1977. Very truly yours, Shepard M. Scheinberg cc: John & Olivia Fellinger-Ihar Zuhosi~/ ~ 0,'0 4 ' ~ t~35~00'01 15000' / 150. O0 ~ 150, 00' $65./~' 16 59, F57 5Q, Fr. N. 39OOO 'OO"VL 150, 40,500 S~.F~. ~ [ 150. 00' 15000' 350.(20' /4 40~500 S~. Fr 510.00' 15 40,365 S~ FT 135.00' 850 $~, F K N 39 °00'00 "?t 300 O0 150 O0 541.~ I$ 19 30 21 40, 365 $~. Fr 40, 500 SQ. Fr 45, OOO SO. Fr 40, 8~9 ,~ntone Houru 0 1~5,00' John d, V/oiler .'..~58~.6F' JOHN wICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr. ~:~D~mCr¢ I;. GO,ON ~AMES w-~L 0ctob~r 5I, 1977 TELEPHONE 765 - 19;~8 Mr. John Fellinger-Iha~ Duck Pond Road Cutchogue, New York 11955 Dea~ Mr. Ihar: The following action was taken by the Southold Town Planning Board at a regular meeting held October 19, 1977. RESOLVED to approve the preliminary map of the subdivision know~ as Woodbine Manor owned by P~. and Mrs. Jot~n Fellinger- Ihar subject to: 1. Short radius curves be worked out between the Superin- 'tendent of Highways and the deveioper. 2. The town acquire the 20 foot strip for acDess to the recharge basin to be built on the rear lot. Yours truly, Muriel Brush, ·Secretary Southold TownPlanning Board -. [ ' .~ APPROVAL OF SUBB~/VISION.QF[[LAND Name ~'~ OWr~er(s)~/~/,~ - "'., Addres s~ / ' 2 Name ~f ~vider 3.. Tentative N~me of Subdivision = '"'~' · , , Final Name.;,~..Subdivision ' ' L%cation '~' ' ' ~ ~ ~" - b/~,~ · - ' -' ~, ~-~ ~'~ ~,,, ~.. Sketch .Plah'- Appr. ove~ :.~f :5. Preliminary Plat - . · ~.~,.~: -~pp!~c&t~on and 12 copies To~ Clerk - Base Fe~ Date, of Official Submission to Planning Boar'd ~ Lapse Date of Preliminary Hearing 45 days ]'[ ,, [ P~elimina~y Hearing Advertised ~ ,' Pre~iminsrv Public Hearing held 6. Repor~ of"~uperir~en~ent' of Highways '~ . Re~ort .of Town Board Highway Committee 7. Date of S~bmission %o ~oun~y: P~nn_ng Co~mission 8~ .Actio~ of Planning Board on Preliminary Plat sen[ ~o Applicant - Approved Disapproved z.45 days after date of .hearin~ ,9. Final Plat Lapse' date 'for final pia[ appIication - · .: ~"- Appii~ation received from Tcwn Clerk . "l'.[t'~ Date of official Submission %o Pianninq Board k Pla% endorsed with Health Department a~proval [ ~t~q endorsed wit'h 'approyal;-of.'required agencies : ' ~?Final'~eari~g A~v~rtised ~, .Final..Hearing. . . ~'Waived .. [[ ~ .[~ _' . , Action~of Plannin~ Board on Fi~! Plat sent to ~ipplicant - Approved Disapproved ' - 45 'days a~'ter hearing or receipt of final plat 10 Per formKnce Bond. ~ount o~ bona. se~.. ~ Pla ning ~oard .~ Bond ih~mount of $ received Bond accepted bv Town Board . Final Pi:at .signed ,Lapse date for filing with county Clerk - 30 days Noti.ce Received from County ule_k of Fiiing Let%er~'fron Superintendent of Highways - all ,:~ improvements under Performance B'ond completed ~ond reco~3~nded to be re'leased.by Planning Board Bond r~teased' by Town Board January 16, 1978 Shepard M. Soheinberg, Esq. 220 Ro~u~oke Avenue Riverhead, New York .11901 Dear N~ Scheinberg;. The following action was ~a~en by the Southold Town Planning Board a~ a regular.meeting held January 10, 1978. ~SOL~E~ to grant a 30 day extension of time to act as requested by the attorney for the developer of the subdivision known as '~Woodbine Manor" in order to get the written report of the Supt. of H_lghways. Yours truly, Muriel B~ush, Secretary $outhold Town Planning Board Januarg'16, 1978 ~. Raymond C. Dean Supt. of Highways Peconic, New York 11958 Dear Mr. Dean: The following, action was taken by the Southold Town Planning Board at a regular'meeting held January 10, 1978. R~BOL%~D to grant a 30 day .extension of time to act as requested by the iattorney for ~he developer of the subdivision ~n~own as "Woodbine ~uor~'' in order to get the written report of the Supt. of Highways., Th~ developers are willing to restribt the right-of-way in the front ~romDuck Pond Road through lots 20 .and 21 with deeded access in the back to the recharge basin. 'The Planning Board 'needs your writte~ ~eport as regards the final map. When we get that, then Larry c~n give us the bond estimate to present to the Town Board. Yours truly, ~uriel Brush, Secretary Southold Town Planning Board December 21, 1977 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1533, ~mticle XIII of the Suffolk County Charter, the Southold Town Planning Bosrd hereby refers the following proposed final plat to the Suffolk County Planning Commission: Name o'f Plat - Woodbine Manor Hamlet - Cutchogue Town - Southo'!d Mmterial submitted: Proposed plat * 3 copies Grading, profiles, drainage and tope - 1 copy Very truly yours, Muriel Brush, Secretary Southold Town Plsnning Board ~k-, P. aymond C. Deau~ Supt. Of Highways Peconic Lso. e Pecsnic, New York 11955 i e~ e~¢iosing ~he final map of the subdivision to be ~o~r~ as ~l~ocdbine M~uor" which is owned by Mr. ~ud Mrs. Jo3~ Fell inger-A--r~r. I am rescheduting the public hearing on this m~p for December 13, 1977~ .,~a~r I please have a letter frora you for the file. Yours truly~ ~ie! B~-~h.~ Secree~ry Copy to Highway Committee December 18, 1977 ~ $~_~c!~ ~O~f Pl~ing Co~isslon for its' rev~ew~ ~f~arie! ~rush ~ Secretary SouT~hold To~ Pian~ing Board Suffolk County Department ,~f .~lanz!i.ng Veterans 1-iemoria 1 Hauppauge, Mew York 11787 Mr. John Wickhmm, Chairman Town of Southold Planning Board Main Road Sonthold, N.Y. 11971 Plat Name January 4, 1978 Map of Woodbine Manor B/s Duck Pond Road 238' n/of Oregon Road, Cutchogue, N.Y. Dear Mr. Wickha~: Pursuant to the requirements of Section 1333, ArticleI XI!I of the Suffolk County Charter, the above captioned proposed .final plat which has been referred to the Suffolk Coanty Planning Commission is considered to b~ a matter for local de- termination; however, this shall not be construed tha~ the Co~nission has either approved o~ disapproved this particular plat. I Comments It is suggested that erosion control measures be reauirad durin~ constr~etion on Lot 2. CGL:fp File: S-SD-77-19 Encl.: ~p Very truly yours, Lee E. Koppelman Director of Planning by ~ ~7¢'~/r Cb. aries G. Lind Chief Planner Subdivision Review Section SRS-74-01 : DeCember~ 1977:, ::and, ,i,State, ,being,the j: n of '!and' ,'0f:, Vask6n :.from:, :said:,: poiht running along linc'of a 35"roar: r0a way the following two distances: (1)N~ 86 "E.168.54. feet,; thence, (2) i:,'.85 degrees 38!;:10" E. 85.00 Fuming thence along land Burns and the :~aster!y ·side of:fi' 25f0°t right df Way S.. t~ degrees 35' 00" E~ 176.43 feet to land :of .; running thence along said land, Si 8.5 degrees 38! '10" 490~25 feet i to land .of ,NorriSi: ..' thence..aIong said. land · i0''~ '~j:206J31 fe~ corner 'said 35 foo~:roadway; 'running ,thence al0ng ~he northerly line roadwayN. :85. degrees 19L33 feet N. 86 of said roadway. ~he. Courses. and distances,: N. 85. degrees'38' 10" W:.5 feet; 'thence (2)S. 86 00'.'W 1:52:74 .feet';. along the are'of a :curve bearing: .~feet a distance of:,41'!i8 feet :t~ !poin~t· en the: easterlY side',°I C am[ .Mineola Road; running thence ,.'~., hlong the easteriy ~.sid.~ ~ of:CamP, ..... ":,Mineoia' Road S. i4 degrees 35 .'! 60.64 feet :th the point' or of BEGINNING.' Con~:': :i;tainin~ 3.61 acrfis, more or of property Terry located in Orient froni _page 18A) less, thence along said land of Lloyd E. Terry, S. 75 degrees 55' W. 432.78 feet to the point of beginning. Containing 6.9 acres, more or less. Together with a right of way 25 feet in width from the premises to the Main Road. Approval of the final subdivision known as ' ,Wo08bine Manor;' located-at Cutch6gue, New York and owned by .JShn:'~*' and Olivi~a Fellinger- Ihar,[ibounded and described.as follows: BE~}NNING at'a p6int'on: the north~asterl~ side ,of Duck Pond Rnad:" :~distant 238 feet nor- thwesterlv from the corner formed by.the mtersechon of. the northeasterly side of Duck Pond bounded follOWs: Town of ,$oUthold, :CountY of Suffolk and:State,of New York, and. described as along (1) N. feet; 10' W. (4) N. land of Zuhoski ' 'the/~jY)S. 493.~. ,feet to th~ Stillwater Avem said easterly lit ~- of Mechanic', thence along said ~ , . courses: (l)$ 23 degrees 44' 50'~ ; ian~a~,:nl~,m.~,g ': ~'E: 371.3:i re-et? ~hence (2) N:~ 81',' ' 184.70 feet to a · ecs uu o.o. w:., ' degrees 00! E 192 88 feet -theiice land'now: or f0rn aster y side ot~. .... ..- - , , · ....... ~, : .. · along land~ of ,Martin, .,N . 82 .and Genevieve .gUl~z o'l.Iee~ l~O .. ,., ' ' - ~-. .; 7' -.'-, : :~,degrees 01 ~10~ E, :173.86 feet to along Said' land ~o,,r~nect · ~,y,: ?e, l? ~,- /the westerlyAine'of.Harbor,Lane; 10"E a ~istan~' the normeasmmy t n' 1 ' ' ' · ~.~ . . - - · he ce aongsmd-westerlytme, ' the westerly lin ond ttoao w~th~the ' -.' r " ' ' ' ._ . .... ;..,. ~ tWo cou ses~ (1) S 38 degrees 56 thence alon~ sai~ 1Oe~O! MUCK ~ono ,' ..... ,, ' ~-' -',-- · o ' - ' ~ 20 E. 43.03~feet thence (2) S. 7. ~9 de~r,~,~ ~ a,e,gr.~e,s 0,4. degrjees~58' 50 '/~Ei~13:i0 feet: ' ~65'3~ fYe~t"t%~ol :soume_as. mriy., thence ? along · ioth~r · land. of" Ro~'d Wes -' h! d,Roac[ 423 74 --. b' ' ' '~' : .... ~" ' -. · .~., '..~ alchet · Corporatmn, three- road N 88 tie r ' corner o~'land '-- · ~-,-~ ' '~'~ - - ' - .,, ' courses: (1)S. 82 degrees O1 10 dislanee of 49. ':.of, Joseph W. 195.54 feet;, thence (2) S. 81 northeasterly Peter Zuhoski; de re s 0 ............... :~ ~ . ,, g e · u w. 195.1b tee~; mence Avenue;. '_them ,~ees ~ 00 .~E. ~ (3) S '82 degrees' 39, 50" W, 9.10 northeasterlY lit now or /ormeriy ',f ' · · ...... -, ::~ eet; thence along smd land.of (i) N, 30 degree~ Zuhos~ ano re~er · ~ ~ ,' Dalchet CorPoration"and a~i0~g . feet; thence (2) 4, ~thence. S. 40 ~,:~ :Jand of'SoWii~ki~ S. 2 degrees ~0' 20' W. 778.08 fl along said W.' 814.96 feet formerly· of Joseph and Peter Zuhoski S. ,49 degrees feet to. the ~enter feet ;' thence. S. 39 00" E. 23.85 feet; fe~ thence S. 49 degrees 44',40". W. 168.11 feet to the northeasterly Pbnd Road at the of be~innina cgurses :' (1) N. 11' ,W, ~r place of ~ 4 r ~ ~,~ 43 61 feet; thence (2) N 54 12 056 acres m ,,, ac es,'more ,,, -' .' .~ ' . . , '~ ~ ~ · - degrees '44 40, W..228.44. feet; ~ , : ~. , ~,~ - ' ~' ~ thence (3) N 58 degrees 42 20'~* · ;. P pprovai 0f the ~final W 45 ~ ~e2+- +~ .... t~ x~' ~o prenmlnary mai b~ms~on 'known hs . de ~ ..... ;~-- ~ .... .':. known' as ' , , gees az 4u w 49:04 tee[~, : Manor Section0ne ~' .- ,~ .... ..: ~_",: '~ :' ~ ..... Es~teS -ownec ,~- . _ ~nence"Luj ~.'u~ aegrees z'~ 40 ' 'B 7 . _:., K ~mert J. LugliO and W :~6'~4-' fee~-~(h~nC~~ ~6)4 N_ 8~ ' "_abcocg ana- ~. Cu~.hog~e ...... d~g~ees, t5~ -50v., W'-'~*~- feet ..... Cqtghog~. Tow water ~mark of' Long thence', easterly watermark 4~0 mOre: pr: less to land 'of Estate; thence :land of Terry Estate, S. 12 degrees 3a' 5O" E. 675 0 feet, i;,; ,i {continued °n-'page :-23A),., i:of Duck: :tQ,,'the" ,~uh0ski' i' ,of 'Joseph. P~f'd:r Zuh0sk[' g, ~:aid :,,land.,' Joseph ZUho.~ki ': · o 44, thence $. 49 ; thence' $. E}' 2'3',S5'i:',feet;" .,44('~1,40,',!,: [68.1[ :feet,t0 ~e~northeaSter; D~ck,, Pond, 'Road at :b&gin- t°' be. otters and PLAN;NINb:B0ARD JOHN wICKHAM, ,: :;, ,:: ',: CHAIRMAN · ,iT-Ii~i7 (265): COUNTY OF SUFFOLK STATE OF NEW YORK SS.' "Sheriey Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........... / ........................... weeks successively, commencing on the ..... ,.f.'.?.. ............................. day of ................ Sworn to before me this /'~ day .Y./, : ......... , ot 1,/ N~ary Public · JOSEPH FENTON NOTARY PUBLIC. State ol New ¥~'# No. 52-1195150 Qualified in Suffolk County Commission Expires March 30, le~77 ,corner itidn of>the in- northeasterly with ~e P°nd 33 degrees :04' southeasterly :' Pond ··Road 423.74 r corner Of land of Joseph Peter Zuhoski; 25' 00" E. said land now or formerly Jos, eph 'Zuhoski and ~Peter 1441.75 feet 'thence S. ,40 7 25 E. shll along smd or formerly of Joseph and Peter Zuhoski thenceS. '49 degrees ; thence S: 39 - 23.85 feet; Pbnd Road at'thE or place more or and,, place COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, .~ ss: he says that ........ is Printer and Publisher of The SUFFOLK WEEKLY TIMES, a newspaper published at Greenport. in said cou,n'ty; and that the notice, of which the annexed is ~ printed copy. ,has been published in the ~aid Suffolk Weekly Times ~nce in each week, ~or On~ (1) . [ ......... weeks successively commencing on the ...~.e.v.~.B.~.e.~.O.~.h. ......... NOTARY PUBLIC, Sta,% o{ ~'.~ew Yor~ Residing ~n October TM · ~, 1977 Hr~ John wo~ ~ ..... v'~ Diok Pond Reed Culsehogue~ New York ,11935 ?i® following, action was taken, by the Southeld To~. .... ~-~=~=~=~.~~'~ ~' ~. ~ Board. a.t.a regular meeting held .October 19.~ 1977~ ........ ,~..~ ~o approve ~ne preiimina~ map of the subdivision F~uo~:~ es '~'eod'bine i~nor o%~ed by Hr. and Hrs~ John Fel!~ger~ 2. The to,,~ acquire the 20 foot strip for access to the recharge basin to be b~lt on the rear lo~ HuPiel Brush~ Secretary oe~t_u!d TownPlar~ing Board COMMISIION ~eth A- Hubbard Director of Plamzlng Su££olk Count7 Department Planning Jo/~r V,N. K~mi,~, Co;,~:U l~xec~ti~e Veterans i~emorial Highway Hauppauge, L. I., N. Y. 979-2921 September 15~ 1977 Mr. John Wickham, Chairman Town of Sot~thold Planning Board Main Road Southold, New York 11971 Re: Amended Preliminary Map of Woodbine Manor E/s Duck Road 238' n/of Oregon Road, Cntchogue, N.Y. Dear Mr. Wickham: In accordance with your request the staff has examined the proposed sub- division layout 'for a 26.4~ acre tract reputedly owned %y John and Olivia Pellinger- Ihar and offer the following comment on the map for your use. The overall layout of the subdivision is considered to be satisfactory. Mea- sures, however, should be taken to insure that no stormwater runoff resulting from the development and improvement of Lots 1 and 2 will flow out onto Duck Pond Road where it can be carried to Long Island Sound. It is suggested that consideration be given to requiring a short radius curve at the southeast corner of the intersection formed by the intersection of Duck Pond Road with Birch Lane and Vista Place. It is felt that turning movements around the corner for northbound-eastbound vehicles will be facilitated by the rounding 'of the Staff comments on a preliminary map the Suffolk County Planning Commission. be referred to the Commission for review County Charter. do not constitute a review of the map by When the map has been finalized it should Pursuant to Section 1333 of the Suffolk Very truly yours, CGL:jk File: 1333-SR-77-34,1 Encl,: Map Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIvEN that pursuant to Section 276 of the :$ I ~ 1~ ~ O~ L~,~ public hearings will be held by the Southold Town ~Plaznaing Board at the Town Hall, Main Road, ' South01d, · New York, in s~id town 'on the 19th day of September, 1977, on the quss~ion of the following:. 7:30 p.m. Approval of the .final map of the subdivision known ~s "Heritage Harbor" located at Mattituck, New York, and~owned by !l~.'~Rive~side-Eomes, Inc., bounded and'described as follows: · BEGIb~ING at a point being the interse6tion of the southerly s,ide of Westphalia Road and the easterly sideof Cox Neck Road from the said point of beginning; running thence a~ongThe southerly ~ide of Westphalia Road N. 75° 07' E. 400.23 feet to land now or formerly .of C. Bullock; running thence along land of C. Bullock the following two courses and distances: (1) S~ 18~ 50' 30" E. 200 feet; (2).N. 75° 07' 00" E. 100 feet; running thence along land now or formerly of Giannons, Husak and Fowler S. 18° 50' 30" E. 699.43 feet; running thence 71° 10' 40" E. 'lO0 feet to land now or formerly of Blanche George; running thence along said last mentioned land S. 18° &9~' 20" E. 50 feet to land now or formerly of Adamson; running-thence along said last mentioned land the following three'courses and distances: (1) S. 71° 10' 40" W. 363.36 feet; (2) S. 21° 25' 10" E. 463.30 feet; and (3) S. 23° 56' 10" E. 149.87 feet to land now or formerly of Saul Lerner; running, thence along said last mentioned land S. 86° 36' 20" W. 261.49 feet to the easterly side of Cox Neck Road; running thence along said side of Cox. Neck Road the following two courses and distances: (1) N. 22° 13' 30" W. 994.35 feet; (2) N.. 14° 27' 30" W. 535.28 feet to the point or place of beginning. Containing 1~.532 acres, more or less. 8:00 p.m. Approval of the preliminary map of the subdivision kno~.~n as "Woodbine Manor" located at Cutchogue, New York~ and owned by John and Olivia Fellinger-Ihar, bounded and described as follows: BEGINNING at a point on the northeasterly side of Duck Pond Road, distant 238 feet northwesterly from the. corner formed by ~ ~Legal Notice -2- September 9, 1977 the intersection of the northeasterly side of Duck Pond Road with the northwesterly side of Oregon Road; and running thence N. 39° 00' 00". W. along the northeasterly side of Duck ~ond Road 25~2.67 feet to the corner formed by the intersection o£ the northeasterly side of Duck'Pond Road with the southeasterly side of Duck Pond Road; thence N. 33° 04' 00" E. along the southeasterly side of Duck Pond Road 423.'74'feet to the westerly corner of land now or formerly.of Joseph Ztuhoski and.Peter Z~hoski; thence 8. 40° 25' .00" E. alone said land'now or formerly of Joseph Zuhoski and Peter Zuhoski'14~lo75 feet; thence S. 40° 27' 25" E. still along. said land now. or formerly of Joseph Zuhoski and Peter Ztuhoski 1238.06 feet; thence S. ~9° 44' 40" W~ 302.27 feet; thence S. 39° 00' 00" E. 23.85 feet; thence S. 49° 44' 40" W. 168.11 feet to the' northeasterly side of Duck Pond Road at the point or place of beginning. Containing 26.4 acres, more or less. 8:30 p.m. Approval of the final map of the minor subdivision of property owned by David and Margery C. Dignan of which Peter Kalamaras is the contract vendee, located at Oregon near Cutchogue, New York, bounded and described as follows: BEGINNING at a poLut where the southeasterly corner of the premises herein to be described intersects the center line of a certain right of way shown on a survey for subdivision map by Roderick Van Tuyl dated 7-7-77 amended August. 29, 1977. Said point of beginning also being the following twe courses and distances from a point where the northwesterly prolongation of the center line of Cox Lane intersects the northwesterly side of Oregon Road; (1) south along Oregon Road 500 feet more or less to the center line of said right of way; (2) N. 46° 39' 50" W. along the center line of said right of way 2150 feet more or less to the point of beginning; running thence N. 46° 39' 50"'W. ~long the center line of said right of way 553.17 feet to the easterly side of land of D. Rogers; running thence N. 14° 41' 30" E. along said land 497.52 feet; running thence N. 47° 12' W. 142.56 feet to the high water mark of Long Island Sound as shov~ on a survey by Roderick Van Tuyl dated 3-7-77; running thence east along .said high water mark 530 feet more or less to the land of Stevens, which distance as sho~n on a tie line S. 86° 40' 20" E. as being Legal Notice ~ ~3- ~ September 9, 1977 529.~9 feet; ruuuuing thence S. 46° 04' 40" E. along said land of Stevens 661.G feet; ruuning thence S. 67° 36' 30" W. 356.55 feet along land of Joku Zuhoski; running thence S. 41° 30' 00!' W.. still along sai~ Tend of Jobna Zuhoski 444.10 feet to the point. or place of begir~u~ng, containing 12.7~ acres, more or less.' Any person desiring to be heard on the above matters should appear at-the time.and place above specified. .Date~: Eeptemberg, t977 BY ORDER OF THE sOUTHOLD TOWN' · . PLA1N~ING BOARD JOHN WICKHAM., CHAIRMAN PLEASE PUBLISH ONCE, SEPTEMBER 15, 1977 AND FORWARD THREE. AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLA~ING BOARD, TOWN HALL, MAiN ROAD, SOUTHOLD, NEW YORK. Copies mailed-to the following on September 9, 1977: The Suffolk Times The.Long Island Traveler-Watchman Michael N. Hills, Esq. Shepard M. Scheinberg, Esq. .John R. Lynch, Esq. Supervisor Albert M. Martocchia YOUNG ~ YOUNG 400 08TP~.NDER AV~.NU5 RIVERHE~D, NSW YORK 516-72T-~303 HOWARD W_YOUNG September 6, 1977 Pi~m~ing Board To~ of'Southold Southo!d, New York Attention: Dear Firs. Brush: 11971 Re: Mrs. Muriel Brush ~Woodbine Manor" Cutchogue, New York Transmitted herewith ~_re twelve (12) copies of Typical Vertical Sa~d Drain & Grassed Waterway for above captioned realty s~odivision. ~f: kbf s~e~ Very truly yours, Howard W. Young $£OPE I.$ MAX. ~r~TRA NS! TION I I VI~TE~W~Y PLAN- VERTICAL SAND DRAIN NO SCALE ~EXISTING GRADE TOPSOILED ~ VEGETATED ~ tZ SURFACE j NO SC~L~ GRASSED WATERWAY ~ ~/4 ":1' | ~ ~//4 ": ! ~ - '~>~SLOPETOE, WSTING GRADE ~ TOPSOILED 4 ~ ~ VEGETATED SEC TION- GRASSED WA TERWA Y NO SCALE TYPICAL VERTICAL SAND DRAIN ~t GRASSED WATERWAY WOODBINE MANOR YOUNG ~ YOUNG ~ RIVERHEAO, N. Y ALDEN Vt YOUNG, N KS. t~ E a L S. L IC. NO 12845 HOViARD V{ YOUNG, N. Y ~ L, -~ L lC. NO 45,~9.~ September 6, 1977 ~ ~r~ ellLu~er~ihar Cutcho~e~ N~,~ _cr~ 11955 ~ru~n ~ Secretary Southo!d Tovnn P~s~nn~ng ~oard Co~rf to Young COM~MISSION Seth A. Hubbard ' Cha~r~a~ Lee E. Koppelm~n Veterans ~Iemorial Highway Hauppauge, L. I.~ N. Y. 979-2921 September 2, i977 Mr. John Wickham, Chairman Town of Southold Planning Board }Lin Road Southold, N.Y. 11971 Preliminary P~p of Woodbine Manor E/s Duck Road 238 feet N/of Oregon Road, Cutchogue, Dear Mr. Wickham: In accordance with your request the staff has examined the proposed sub- division layout for a 26.4± acre tract reputedly owned by John and Oiivia Fellinger-Ihar and offer the following comments on the map for your use. It is felt that the proposed subdivision will be satisfactory provided that no stormwater runoff resulting from the development and improvement of the tract will flow into the northerly section of Duck Pond Road where it could be carried to the Sound, Staff comments on a preliminary map do not constitute a review of the map by the Suffolk County Planning Commission. When the map has been finalized it should be referred to the Commission for review pursuant to Section 1333 of the Suffolk County Charter. Very truly yours, CGL:jk File: 1333-SR-77-34 Encl.: Map Lee E. Koppelman Director of Planning Charles G~ Lind, Chief Planner Subdivision Review Section Suffolk-bo~u~y B~'~t-~ o~ ~lm~ H~uppauge~ Ne~ ¥c~k ilTB7 Gentle~an~ 1~ ~$ ara'~eb? submitr~ing ~z amended prei~ir~a~ map of to +~oSe ~i~%ed fcr the C~l. Ted Doted s~odivisicn~ 'ALDEN W- YOUNG YOUNG ~ YOUNG ,~oo OSTR'ANDBR ~.VENUE RIVERHEa~.D, NEW YORK HOWARD W- YOUNG ~gust 23, 1977 PlanningBoard Town of Southold Southold, New York 11971 Gentlemen: Transmitted herewith are nine (9) additional prints of Preliminary Subdivision Map of "Woodbine Manor" at Cutchogue, New York. H~ :kbf eno. Very truly yours, Howard W. Young5' ~. /2 August t6, 19?T 765-19~8 S~t. ox~ HighwaTs T o:~.~ Engineer Gentiemen~ Ii' I enclose !~h_~ preliminary map of n~ ~.~ p~eaze-~e yo~ cements .~d reco~endatio~s by that t~e. - Muriel Brush, Secretary Southo!d Town P!~-m~g Board August 16 ~ 1977 765-i938 Subdivision Review Section $~£o!k 'C~nC~y-Dept.. of Planni~ug Veterans Memorial ' High,~.~y H~p~uge, New Tork ~! W~e are hereb~ s~o~tting ~s prelim~m~- ~p of Woodbin~ located in Cutcho~e to you for ~u~ co~ents. ~s pro~se~ plat~ %9~n in final stage, will be refe~ed to the Suffolk Co~ Pl~i~ Co~.is~ion p~s~t to Section 153~ !rticie ~II of ~ S~fo~ COUnty C~er, ~e ,. ~erefore~ ac~_o~_sd~ ~gt- ~he co~ents made-by thes~ of ~bh~= DepoSit ~e ~dv~ only ~d ~o not constitute a review oy the Suffolk .C~ P~ing Co~ssion nor a~ the co~n~s made by the s~aff b~d~g ~pon the Co~iSsion in their review of ~esed ~iat ~ ~ copies ~ich ~ve co~oimed the ~ding profiles ~ top~aphic~ ~p. ~ To~ of Sou~ld has m b~d ~a~ge pro~e~ in ~is arsm. ~a ~e~ on ~s ~aD on which is no~ed ~P~ce! '~roposed to be ded!catad to ~e To~ of Sout~nold I ~o~es plus or ~in~'~ is berg do.ted to ~e To~ of Sou~old basin i~ ~is are~ '~ mlleviat~ the ~a~ p~blem o~ ~ck Pond Road ~ Yours t~ly, ~.~iel Bru~.n, Secretly Southold Town Planning Board APPLICATION FOR APPROVAL OF PLAT To the Planuing Board of the Toxvn of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision pla~ in accordance ~vith Article 15 of the Town Law and the Rules and Regulations of the Southold Toxwi P[annlng Board, and represents and states as foilows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his in,crest in said [and under application.) 2. The name of the subddvision is to be .~..o..o.dbJ. l~. M~-B.O:lC. .............................. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . 7448 Page Z, 80 On 7/23/73 . Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distribu~tee ........................................................................ 5. The area of the land is .2.6.: .4. .......... acres. 6. Ail taxes xvhich are liens on the land at the date hereof have been paid except .......... 7. The land is encumbered by .... _o~.e_- .(.1.) mortgage (s) as follows: (a) Mortgage recorded in Liber .67.9.4 ..... Page ..26_q. .............. in original amoum of $.I._0.Q, .6_.2.0. ..... unpaid amount $7..9.,..3.9- .5.-.8. 7 .... held by A_.n.t. 9.n..e...H.a.u..r.u..s ........ .......................... address 0.rmgo. n. Moad.,_ _ Cut. ctmgue_,.. New..Yark ....... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ............... held by ........................... .......................... address ...................................................... Cq 0 0 (c) ~o~tg~ge recarde6 i~ Libe~ ........... Page .................... in eriglaal amounl o~ $ ................ u~paid amok. mt $ ................ held by ........................... .......................... address ....................................................... 8. There are no other encumbrances or liens against the land~; ....................... 9. The land lies in the following zoni,ng nsc districts RasS_denl:±al A 10. ~Xro part of the land lies under water whether tide water, stream, pond xvater or otherwise, ~ 11. The applicant shall at his expense install all required public improvements. 12. The laud ~ (does not) lie in a ~'~ ater District or X,¥ater Supply District. Name of Dis- trict, i~~l~g~ .............................................................. 13. YVater maius will be laid by . .N.O.¢.O. ...................................................... and (a) (no) charge will be made for ,2nstalling said mains. 14_ Electric lines and standards will be installed by I~O.r~g..~.s._]..a.n..d.. _L.5. g.h.g.5_.n.g...C.o..mp.a_.uy.. .................................... and ~ (no) charge will be made for installing said lines. 15. Gas mains will be installed by . ..... .N.o. rt..a ................................................. and (a) (no) charge will be made for installing said mains_ 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. Duck Pond Road 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Wliere the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 0 O' o 22. The applicant estimates that the cost of gx~dhi~ and required public improvements will be $2.3.237.. as itemized in Schedule ~E" hereto aonexed and requests that the maturity of the Performance Bond. be fixed at ....3 ........ years. The Performance Bond will he written by a licensec~ surety company unless otherwise shown on Schedule "F". (S~guatnre and Tit(l~ . · g ........ SUFFOLK STATE OF NEW YORK, COUNTY OF .................................. , ss: o~ the /4 day of .&u.g.u_s..t ............... , ~9.77..., before me personally came JoSg'~'~¥~:'~h~ a ' ...01i.v. ig .Fallir~gearv That ........... to me known to be the individual flescribed in and who executed the foregoing instrument, and acknowledged that . .g.h.e.~r ....... executed the same. No,ar3; Public SHEFARD M. SCHEINBERG ~OT,~Y PUBLIC, Stere of N~, ~c,. ~2-3,4!E~775. Suff~ County STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. d~y .............. of .......... , 19 ...... , before me personally came ................................................ to me kno~vn, who being by me duly sworn did de~ pose and say that ............ resides at No ..................................................... ....................... · ......................... that .......................... is the .......... the corporation described in 'and ~vhich executed the foregoing iustrument; that ............ knoxvs the seal of said corporation; that the seal affixed by order o£ the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public SCHEDULE A ALL that certain'plot, lying and being at CUfCHOGU~, SUFFOLK and Stake of N£W YORK, described as FOLLOWS:- BEGIRNING at a point Pond Road, distant 238.00 feet piece or parcel of land, situate, in t'be Town of SOLrrI]OLD,' CDunty of being more particularly bounded and on the N,ortheasterly side of Duel< .Northwesterly from ~he corner formed by the:intersection of the Northeasterly side of Duck Pond Road with'the Northwesterly side of Oregon Road; and /RUNNIi~G %~I2[~CE i~O2~[I 39° 00' C0" i.~ES'f, along the Nornheasterly side of Duck Pond Road, 2532.67 feet to the corner formed by the intersection of the ]ortheasterly side ef Dock Pond Road with the Southeasterly side of b~ck Pond Road: ~iENCE I'~OR'£1I 33° 04' 00'° EAST, along the Southeasterly side of Duck Pond Road, 423.74 feen to the ?!esterly corne~ of land now or formerly of Joseph Zuheski and Peter Zuhoski~ PHENC% SOU~H 40° 25' OO" EAS[, along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1~41.75 fee~ THENCE SOUf!I 40° 27' 25" EAST, still along sa~.d land ~238~06 feet; nol~ or formerly of .Joseph Zuhoski and Peter Zuhoaki, TtlENu;~ SOUTII /q~' /t/4' 40" ',.!ESE, 302.27 fee~; TIlE?iCE SOU£'[1 39° 0O' C, 0" ZASf, 23.~5 feet_; l~lmNu= SOU'EII 49~' 44' /10" '"'"'l, loo.ll feet Northeasterly side of Duck Pond Road at the point or place BEGINNING. the of DISTRICT 3ECTION BLOCK LOT CONSULT YOUR~LAWYER BEFORE SIGNIhIG THIS I~STRUMENT--THIS INSTRUMENT SHOULD BE USE~ BY LAWYERS ONLY. TH~INDE_NTURE, madeIhe d~ of ,nineteenhundredand BETW~KN JOHN FELLINGER-IHAR and OLIVIA FELLINGER-IHAR, tenants in · common, both residing at 3180 Duck Pond Road, Cutchogue, New York party of the first part, and party of the second part, WITNF_.~ETH, that the party of the first part, in consideration of Ten Dollars and other valuabIe consideration paid by the party of the second part, ~oes hereby grant and release unto the pasty oi the second part, the heirs or successors knd assigns of the parD of the second part forever, ALL that certain plot, piece or parcel of land,-~i&-t~.e-b~iP&ngs-a-c~l-im~r~gmT~Uti-the, r~oa--arec'i~, situate, lying and beingSrr~ at Cutchogue, Town o£ Southold, County of Suffolk and State of New York, known and des±gnated as Lot # on ReaLty Sub- div±sion entitled, "Nap o£ Woodbine Manor", .a_nd f±led in the 0ff±ee of the Clerk o£ the County of Su££o].k on ]-97.7, as Nap No. BEING AND INTENDED TO BE the same premises conveyed to the first parties by deed dated June 7~ 1973, and recorded in the Suffolk County Clerk's Office on July 23, 1973, in Liber 7448 of deeds, at page 480. SUBJECT to covenants, restrictions, easements and reservations of record. SUFFOLK STATE O~ NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came JOHN FELLINGER-IHAR & OLIVIA FELLINGER- IHAR to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK, COUNTY OF On the day of 19 personally came before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the mme. :Paving of Roads A & B ~ 450~ X 36'·= 450' X-36' = 16,200 sq. 1·6~,200 32,400 sq. ft. ft.;~3~600 sq, yd. X $4.00 = iSeeding around Roads A & B (on shoulders) 301' X 7' = 2~107 sq. ft.· 301' X 7' = 2,107 sq. ft. .350 X 4 X 7 = 9,800 sq. ft~ 14,114 ~q. ft.:9=1,568 sq. $14~400.00 yd. X $0.45 = 705.60 Preparation of swales t0" deep - 4,207 X 12' - 4g-.=~C~9g~·= 798 c. yd. soil prepared X $1.01 = 805.98 Seeding of i~wales 4.,207' long X 12' wide = 50,484:9=5~609 sq. ·yd.' ..... X $0.45= 27524-04 Preparation and making of 13~000' of sand ·drain basis per · $0. 231 sq. f~=3,003.00 ~ "~ 21,438.62 ~Drainage easement 2·75, X 15' = 4,125 sq. ft. Easement to recharge basin 300' X 30' = 97000 sq. ft. 137125 sq. ft.:9=1,459 sq. seeded as agreed with Raymond Dean, 1,459 X $0.45 = yd. 656.55 22,095.17 Estimat~ is based on 1977 Dodge Manual for Building, Construction, Pricing & Scheduling RAYMOND C. DEAN Superintendent Tel. 765~3140 734-5211 Auo~st 2, 1977 'ko~ PI~ Board To~a of Southold ScuthoPd~ New York 11971 Gentlemen: Re: Subdivision Joh~ & Olivia Pe]linger-~ar, Duck Pond Road, Ok~tchogue, ~w York I recommeAd 100-feet of the 2 10-foot right-of-%~s leading ~romDuek Pond Road to the proposed area be paved and lots 20 and place driveways ~dth access onto the right-of-~ys. V~y yours, j~CYMOND C d Sup ' t of Idigh~ays JO~ F'~LLIN(JEI~: I HAR BAGATELLE VINIFERA LTD. 3[80 DUCK POND RD.,P.O. BOX 47 Sec~ort 23'?.-"; 2JP'G; .% 2..~-/',. o~! © June 1, 1977 To~cn Board of the To~cn of Southold Main Road Southold, New York 11971 Att: Super'visor Albert Martocchia Re: John'& Olivia Fellinger-Ihar Dear Mr. Martocchia: This letter is to confirm the understanding reached between yourselves and Mr. and Mrs. John Fellinger-Ihar at the Executive Session of the Town Board held on ~Iay 24, 1977: The Fellinger-Ihars shall donate to the Town of Sou{hold approximately one acre of land lying in the rear (easterly) portion of lots 20 and 21 of their proposed subdivision located on Duck Pond Road, Southold, New York. In addition, the Fellinger-Ihars shall grant a 20-foot wide drainage easement running from the easterly side of Duck Pond Road easterly to the above one-acre parcel. The 20-foot easement shall be located I0 feet on both sides of the property line dividing lots 20 and 21 on the proposed subdivsion map. The To2m of Southold shall, at ids cost and expense, construct a drainage sump or basin and necessary pipes or culverts to make such basin operational, and that said construcnion shall be completed within 6 months from the date of the conveyance by the Fellinger-Ihars to the Town. It is further understood and agreed between the par~ies, that the sand basin as shown on the proposed subdivision map, locaned toward the northerly end'of the property, shall be eliminated, and that the recharge basin to be constructed by the Town on the donated property shall be the only drainage area necessary for the final approval of the subdivision map, and also that the sand basin shall become lot 22 on said proposed subdivision map. © Supervisor Albert ~iartocchia Town Board of the Town of Southold J~ne 1, 1977 It is further understood and agreed that the above agreement is sub- ject to and contingent upon the approval of the Southold Planning Board, and any other governmental agency or body~having jurisdiction over the filing of the subdivision ,map. Please sign the enclosed copy of this letter and return same to me in the enclosed envelope, if this accurately sets forth your under- standing. Very truly yours, S~.lS:ssg Shepard M. Scheinberg Enc. ce: Mr. & Mrs. Fellinger-Ihar June 1, 1977 Town Board of the To~ of Southold Main Road Southold, New York 11971 Att: Supervisor Albert Hartocchia Re: John & Olivia Fellinger-Ihar Dear Fir. Martocehia: This letter is to confirm the understanding reached between yourselves and ~xir. and Mrs. John Fellinger-Ihar at the Executive Session of rhe Tovm Board held on May 24, .1977: The'Fellinge~-Ihar§ shall donate to the Tovm of Southold approximately one acre of land lying in the rear (easterly) portion of lots 20 and 21 of their proposed subdivision located on Duck Pond Road, Southold, New York. In addition, the Fallinger-Ihars shall grant a 20-foot wide drainage easement running from the easterly.side of Duck Pond Road easterly to the above one-acre parcel_ The 20-foot easement shall be located 10 feet on both sides of the property line dividing lots 20 and 21 on the proposed subdivsion map. The Town of Southold shall, at its cost and expense, construct a drainage sump or basin and necessary pipes or culverts to make such basin operational, and that said construction shall be completed within 6 months from the date of the conveyance by the Fellinger-Ihars to the Town. It is further understood and agreed between the part%es, that the sand basin as shown on the proposed subdivision map, located toward the northerly end of the property, shall be eliminated, and that the recharge basin to be constructed by the Town on the donated property shall be the only drainage area necessary for the final approval of the subdivision map, and also that the sand basin shall become lot 22 on said proposed subdivision map. Supervisor Albert Martocc~ia Town Board of the Town of Southold June 1, 1977 - 2 ~ It is further understood and agreed that the above agreement is sub- ject to and contingen~ upon the approval of the Southold Planning Board, and any other governmental agency or body, having jurisdiction over the filing of the.subdivision map. Please sign the enclosed copy of this letter and return same'to me in the. enclosed envelope, if this accurately sets forth your under- st~d'fng. sMS:ssg Eric. cc: Mr. & Mrs. Fellinger-Ihar Very truly yours, Shepard M. Scheinberg I have read the foregoing, and concur with the terms, and conditions set forth therein. Dated: TOWN BOARD OF THE TOWN OF SOUTHOLD By: Albert Martocchia, Supervisor .:; ~' ,.~, :.?.~ ,,..' '~o~.,,< of' ~o,_'.tr~c, id ~ . . ,, _~ ~ , . '~ ~'~ ' / · ~ r ~-' '; '~ ---, ~ ~ ,,../, .-z,. {. ,,.. , · : ~4L.: ~..,-} ;'~ , ' . ~ - . , , ' · ...... ~C,C ~ ~ - 3_.T..., ~ ; : ,..,..~,rh~, k ~.'x~n~ ~, ~ ~,~ ~' - ";' ; ~h{t i ' ~ '- ' '"~ SO ~ ]'~[/ 1-,~ -'- '' ~, ,,'... .... .-. ~, ='C, ' "IOUNG ~ YOUNG .... ..' .. ..... , j~.oo o~i~,}i3~.~'~- .. ,. . .' .., ,, ... ':,.. · ,:,, .... · !, :. _.,.,. 'RIVERHEAD. NEW YORK ~'~'' ' ' : ";/'.%' ' .... - '-~ - %: ,. , . . ' ?...''~. . .,,... ~ow~w. r6uN~:.:'..', --.' ','. . .:.. ?'... .,,, :. ;. v:-, MM ~o, . ::,-' i' ~-r ~ lZ,,-~ , · ' "- · ' '-'t . ~' I ~' " ~'- ~- .~ · 2'0 ,_~r~ ' . -" StauPauzer, Soil& Water Conservation District East Main Street Riverhead~ New i enclose copy of ma~ of subdivision of John ~s~linger- lhar on Duck Pond Road in ~utchogue, There is -u.:.~sXtremely severe drainage problem in this area, most of which comes 'from other p~oper~ies. A meeting is in the process of being set up where the possibility will be for the Town to acquire an acre in the rear of lots 20 and 21 for a recharge basLu. ~u~y ad,;ice you can give us on ~this sa'ca will be greatly appreciated. Enci~ure ~D~riel B~Gsh~ SecreZary Sou%hold Town Planning Board JlJDI33~l T. T~dRR~' TOWN (.~LERK Southold, L Y. 11971 TELEPHONE February 10, 1977 Southold Tov~n Planning Board Southold, New York 11971 Gentlemen: The Southold Town Board, by resolution dated February 8, 1977 resolved to deny the request for a cluster subdivision by John Fellinger-Ihar and Olivia Fellinger-Ihar as being inappropriate for the area. Very truly yours, Town Clerk J~nuar~ 25, 1977 $Ou%hoId~ TO~: Bqard 16 South $~reet Greenport, New York 1t9~ Gentlemen: The following action was take~ at a regular meeting of the Southold Town Planning Board held January 24, 1977. RESOLVED to transmit to the Tc~-n Board for their f/~dings the proDosed cluster subdivision of Fellinger-Ihar. The Planning Board does not tike this particular cluster layout but feels that a cluster subdivision at this location might have value for preserving agriculture. Yours truly, Muriel BrUSh, Secretary Southotd Town Planning Board ,' ' ? ~GI~RAR OF VITAL © © S~u~okt TELEPHONE January 13, 1977 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith, is map of John Fellinger-Ihar and Olivia Fellinger-Ihar for a clmster concept sub- division. This map i-s returned to you as it appears it was not presented to thetPlanning Board prior to being submitted to the Town Board. Very truly Yours Judith T. Terry Town Clerk R. obe~ Task~r, Esq. F~in 8treat Oreemport., New York 1194~ DearMr. Tasker: I encio'se letter from Mr. Felllnger-Ihar in ~ich he 'obJectsto' our procedure. I ~s 'going 'bo write him ~ud tell hi~ thst he did not, in £act~lve sketch pl~ approval of his suod~slon ~ud~ ~n' if he ~d, the s~ monks for presentation of 'p~in~y ~e long gone. I decided ~a~st it as there Is ~ a~ lot of le~ l~age which I ~ it's best 'if you . ~I checked ~ ~e To~ Cle~ ~ see ~ ~y action .~s t~en On ~v~ this as a cluster ~d her reply in the ~gative. ~m past e~erience layOUt, i% ~d be ~- opinion ~t ~e T~ Board would not ap~'~e ~his ~ay ~d i ~ we ~outd be prepared for ~', Fell~r-~'s ~action. E~olosu~es ~uriel Brush, Secret~y last Plenn~2~o~ meetin~ held Ju~V 18 1977~ ~e PI~uing Bo~rd '~_w~ ~chie ~D ~ketch ~lan ~.~D~v~ after vari~nc~ ~ ~ted by the Beard of ~pD~al~ ~or lot ~ ~he e~sem~t's~,' ~e~ Kutenti~ ~ to ~'ass o-~ ~.~ Mu~iel B~ush, ~houi~- be'~et~ed to ~ar pre~imi~ map, the fee 'of $50 p%us th~r~o~ ~d ~ legal description of ~e ~sve rscei.~ed ~he above, Iwill ~et ~.i~ m~ ~r ~ public ~3miel Brush, Secretary Sou~ho!d Town Plaything BOm~d ~e 2 Dece~oer 50~ 1976 iouthOld TOv~ Board i~ Sou~h Street, ~Greenport~ New York i19~a Ge~tlemen: I enclose .map of property owned by John Feliinger~ihar Olivia Fellinger-lhar w~ttch is p~posed to be developed tn~ cluster, ooncept~ ~y ~e ~ve yo,~ app~v~ or dis~pprov~ of ~ oein= de?eloped ~ tb~s ~. Yours t_~uly, ~k~iet B~ah, Secretary Southold Town Plar~%i~_g Board Enclosure ~. Jo'on Fellinger-/har 31SO Duck Pond Road Cutcho~ae~ New York '11955 Dear Mr. Felllnger-Ihmr: I am i~ receipt of slx copies cf your proposed subdi~-lsion iu Cutchogue. cluster concept subdivision of propert~ is contemplated~ it is necessary tD~t permission be obtained TowuB~d. TherefOre, I .have transmitted a copy of your map to the To%~ Clerk for presentation to the Town Board at its next regul~rmeeting. ~.~hen I have receipted word from them one ~y or the ot2~er, I will contact you feranapgoiutment with the Planning Board. Yo~-~ s t.~u!y, Muriel Brush~ Secretary P T~ D Southold, N_Y. 11971 December 30, 1976 Southo!d Town Board 16 South Street Greenport, New York 11944 TE-LEPHONE 76,5--1313 Gentlemen: I enclose map of property owned by John Fellinger-ihar and Olivia Fellinger-Ihar which is proposed to be developed in the cluster concept. May we have your approval or disapproval of this property being developed in this ms~aer. Yours truly, Mttriel Brush, ~Secretary Southold Town Plarna~_g Board Enclosure Assisting: ~e Su_~f~Lk CoCmt), Soil aha ~,a~_ ~ '~ +=~ Cons~",~-~ion District 127 East ~t; -~ ~ - · ~,~n ot~aet~. R~verh-eaa~ New York ~'~ John Fel!inger-ihar $150 Tack Pond P.O, Box 47 Cutchogue. Ne;~ York 11955 D~ar Jc~hu: As ! mentioned go you the o'~her day, i am concerned ab~at t~_e COnservation of ~o? soil rose'arco ~ the prop~ you ar~ p%an~ng ~o ~evelop. Y~a me~- ti~d that the~ ~e remtk-lctio~ ~at mmy !i~t th~ ~ge~ of t~ soil. I believe t!~t it is v~ryw~ste~i of our top soil resD~rces tm b~rygood top soil und. er o~]er soil.~e~ial.. As you develop y~a~ propert~ aionz *iae col~e/-~atio~ -=mnagement ~el{n~$ ~at we b~ sugges~,.~here' will be a b~ ~s o~' th~ s~e p~erty~ I~stead I ~onld urge tb~t you qonsider if ~os~ible adopting the following Ahid~!ine: - - Tkat all top soil be carefully removed mud stock piI~ f~r~m the exc~.vations for drainage ways, roadways~ and ~s~ ~at six in~es of this top soil be zeplaced over ~1 ~in~l ~o~t surfaces that-have b~ c!ea~d of ~op soil; ~ thst ~n~ td~ soil r~ining be sold to other lgn~s~m in ne~ of top soil ~te~ial~ John, I hope th~ will clegr n~ any question that o~ ~i~sc~m~lon.mmy h~ve raised - - r .... ~ ~ .... ~. I look for- Yours Chiles R. ~-~nett District Cons~rvatiop~s~ cc:_~. John ~ickh~hairma. p~ Soul, old'Town Planning Board ;I STA ES 0F RmULTU _ .SOIL CONGERVATIO~Ii.$ERVlCE 'Assfsting: The'S~olk County Soil and Water Conservation District 127 East Main Street, Riverhead, New York 11901 October 1, 1973 Mr John Wickham, Chairman Sguthold Te~m Planning Board $guthold, New York 11971 D~ar Mr, ~ickham; T~is review is based ~ ~ ~r~limi~ary subdivisAon mlat map by Youn and da~ed July 25, 1973, c~t~e~ Cl~ter Realty Subdividing" ~ .... g ~. Young~ A~ consisting o~ 26,3 mores. - --~ ..... ~onn Felhnger-Ihar The soils on this property are predeminately ,Haven silt Ioam, a deep well '. d~ined silt. loa~ ~o~l 20 to 36 inches deep ever coarse sands and ~avel in ~-p substrkt~. ~is soil ~s no moderate or severe limitations ~or homesite developmem~ but does represent one of our best a~icultural so~ls f~d on the nbrth fork o~'Long 'Isi~d-.' ~e recommend tha~ . - ~ . : .-. ~ . . such prime agri~l~ural areas be preserved zn ~cult~a ~h~ever ~rh ~A '.~',- - To~ Planning BO~. ~--- r~ss[~.Z~lty can be influenced ~ the Our field checks of the site showed that ~ck Pond Road sloped ve~ gently tm~rd'~he n0~h ~i~h ~he probable conseauence that sto~r~off water from the d~e~p~nt ~reas ~ll move to,Card the ngrth end of the subdivision along E~ck P°~E~Road. ~is de~/elo~ment unlike many others, will ~obably produce a net uno~f, beca~e a large nronor~ion ~: .- chimed ~rOm ~nt.e~stve row cro~ a~;~-~ .... L ~ of the -6+ acres w~ll be la~ar~as~ ~ ~ur~ ~o open space pe~an~t vegetation We $~ommend that leaching catch basins be established in sufficient number to aac0m~date 10 year frequency storm runoff from both subdivision roads and to aecgm~d~te from driveways sloping toward Duck Pond Road on lots 14 thru 21. !~.SUggest that ~he developer consider gutters, do~mspouts, and dry wells for all roof runoff and l~aved surface runoff at each home location. We commend the designer for establishing large ~rea lets at sites 22 and 25 to properly utilize the rough irregular topography in that area. . The "pond" indicated for the area betwee~ lo~ 21 and 22 may present problem~ to future homeo~mers. I~i~'s present condition it receives storm runoff water from Duck Pond Road and acts as a wet weather temporary runoCf storage basin. After · -omesztes are developed we feel that storm runoff from the contributing water- shed may carry serious amounts of tmdesirable pollutants to this pond area in- cluding silt or sediment, salt, etc. Lot 2~ has some low areas we believe that presently are flooded when water ac- cumulates in the ';pond". We assume that the developer would expect to fill part of 10t 21 to prevent ~t weather flooding of the homesite. '~r. John }'~iekham, C~irman, Southold Town Planning Board - "Cluster Realty Subdivision'~ - October 1, 1973 strongly recommend that all cluster development su~ch as this with cozres- pohdi.~g open space ~reas, should have a carefully prepared open space pI~ to -i~lude furze ~a~e~ent ~d p~,~itted uses. Unplaced and ~anaMed ~pace ~eas often: b~come weed and b~sh patches ~at appe~ msligki~y ".hausa to~ proble~' at ,some future date. ~ong other ~i~gs we ~ould h~e that ~ke opeh sp~e wonl~ have formal provisions for ~iIdlife planting, a fish pond, M~d brews, beautification pta~tin~s, and provi~ons~ for ~tI; ~ c~eful' ~n- ~gement in y~s~.to~e ~e ~gast t~ the ~ ~k ~e deve%oper f~ such a $~e that the~ is, ~ ~oublesome depression in Duck Po~ Road just west lot': i. ~ 10~ ~e~ scml~tes ~o~ ~r~ Or~gou Ro~ ~. Depot Lane to the ~S6u~h. ~e a2~?~ to be $ p~ss~bil'ity that such ach~i~ may over~low Yours truly, Ch~-r!es R. Barnett District ~onservationlst County Sbfl and' ll~ter Conse~vkt~on Bi'strict 127' Bast ~fain Stzeet~ Riverhead, New York ' 11901 Oc~o~ber i, ~97E . . ~, . ~ - %,~, ~.~ ~_~ ~th fo~ .-~ · ;..~---~n~ ~e or our b~* g--'- -2.., .'~ ...... ~ '~/te ~-z~. ~ t-~ w~ ~p~g. S~d. ~ ~a.__ - _ ~ =~z-~cui~ soi~; ~ed in a~i~+~-~' .. "'- --~o~ena that ~h ~r~et ~-~ j-.-~ on ~e '1 ' : 3' · ~dz-,e probable cons~ue~ ~ --' r~ -~f.ed . ~nt. ~eas~ i~ ~ove t~d the ~t~$ ~ ~~er ~om the ~ua ca=ch basins be es ' ~ IO year ~nc~ st~ , -_ _ tablzsh~ in ~¢i'cient , ~..v~ slopina ~rd Duc~ ~-~ '-*~v~sz°n ~ and to l~e ' -- ~,~u ~ ~ lots 14 ~hru 21 ... ~,e [~ tOUr ~nsider ~ - ~ ~=~ ~noi~ at ea ' ' . - · ..~ d~ we!l~ for all i~egutar ~auhZ ~ zots at Sites 22 an~ 23 t' ' ~.la* . ~ z,,: raat area, 0 pr~r~y Utilize ~ond~: indica~ ' :the area be~¢een lot 2t ~d 22 ~), p~eSe~ problems to 's presefit condition it ~eaeives sto~ ~f ~ter f~m a wet ~eather tem~----- ' -- :-rom the C~tributing water- of undesirable pol]htants ~ th'~s ,salt, e~c. believe t~at pres~tt~ are flo~ed as~me that t~e developer would exg~ fl~ding of ~he hd~Site.; - L ~,~. $ob~' ~2.ckb~}~"l~:~an, $outhold To~n:.Plan'~n~:~Bo~rd - "ClUSter P~eal't-y !~e~. st]~on~ly ~eco~e~d that all elu~er 8evelopmen~ ~ch as ~is ~vi~ co~es- Yours ~.-~!y, ~ist~iet Conservationist :llingr- ~ar & :ia~ r~aiving ~incere~, 'ickha~ ~ LASER FICHE FORM SUBDIVISIONS Final Approval ~,.CT~: 1000 - 83.-4-19 i' m[~t,,Name: WoOdbine Manor -,~ba~8:n'. .The.property is located on the nor[h side of Duck Pond Road 'l~pr~imateiy~ 238' west Of. Oregon Road in Cutchogue. ~'m~et: [ Cutcho~ue ' '~Pl~Ant Name: John Fellin~er-lhar OWn~Name: John Fellin~er-lhar .... ~1; R~0 ~P'~'~al[t~a~ Date:= 6~8/83 Date: 6/8/83 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information i. Zone 2: Zone 3: C and R's: :Homeowners Association: · ' R and M Agreement: · i'; Address: ';, County Filin.q Date: SCAN Date: VISTA P£ACE 44 % S 40°RS'OO"E 4 e, o~oo sQ PT, 225 P now or formerly Joseph Zuhosk/ ~ Peler Zuhoski /44/75' S. 40o£?~5"E ' L zo' MIN TOPEL-'4~.~4 9 %,, uae ~F ,~h~,'~ - 15'EL\SE~E34T- 1258 OG ' ROAD '? ~o, woo SJ o now or formerly Antone Hauru$ f~¢/h'~o/e furnihaq m~veme~,_ ,:,~E RE: PRAINA~E Zy~?EM ~ ~ ~ ' ~ rEST HOLE ~ BOAD A ~ ~ ':~ - J ~ WOODBINE MANOR / ocotion Mop Seole I 'C-GOO' ~ ~ ~ ~ ~ ~ ~ ~ , ,, · 3R 77 54. t ~eOAO B SCALE'NORIZ/".5O-VE.Z/"=/o' SUFFOLK CO. PLANNING DEPT SUB, D REVEW SECTION :~o ba:~g~or~; ~ee c&mment~' OWNers, P.$9oOO'OO"E p3.85' UOHN bi OLIVIA FELLI,,.$ER-Ih.j9 CUTHOGUE, H Y. I N39*OO'OO"W, 258.00' -['OWN Og %OUTHOL[D DEPOT LANE ROADWAY SECTION NO SCALE AMENDED PRELIMINARY SUBDIWSION MAP OF WOODBINE MANOR AT CUTCHOGUE "*'°'"' o""'-,,~-~ TOWN OF SOUTHOLD SUFFOLK COUNT~ H K =-,,,,,,,~,~0,,. D~TE: MAR ~,1977 SCALE JULY 27, 19~7 :,. /UG I~ ~ 1~77 , RIVEHHEAD, ALDEN ~ YOUNG ~E. ~ LS. LIC. NO12845 HOWARD ~ YOUNG L.~ LICNO. dOB NO. 77-149