Loading...
HomeMy WebLinkAbout1000-73.-2-2J AP;~ROVED BY PLAN.:,N~ ~OARD · ,- ...... L)THOLD / lv'///,/o ~ ~ u~z2~ .... o ~_ .. , / V/,~ i A4A ~ y ~¢'L. RECEIVED BY IOIITNOI.I) TOWN PLANNING BOARD FILl COPY T, D Southold, N.Y. 11971 (516) 765-1938 July 15, 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road Southo]~, NY 11971 Re: Raeburn / Murphy Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, July 6, 1987. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, was submi%ted to the Planning Board on February 23, 1979, and re-submitted on April 14, 1987 by way ov correspondence from the attorney for the applicant, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Main Road, Southold, New York on June 1, 1987 and re-convened and closed on June 15, 1987, and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, · NOW, THEREFORE, BE iT RESOLVED, that the application of Robin A. RAeburn and Mary Elizabeth Murphy for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. and dated September 26, 1979 be approved and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision plat. In review of our file, there are no surveys which could be endorsed, therefore, would you please forward three surveys, last dated September 26, 1979, for the Chairman to endorse. Mr. Rudolph H. Bruer Page 2 ......... 7/15/87 If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 October 5, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 RE: Raeburn/Murphy minor subdivision SCTM 9 1000-73-2-2,3 Dear Mr. Bruer: Enclosed is an endorsed survey for the above mentioned minor subdivision which has been approved by the Board. Very truly yours, D~ane M. Schultze, Secretary Southold Town Planning Board enc. ,~ECE~VED BY' OCT 7,987 DATE October 2, 1987 Bennett Orlowski, Chairman Southold Town PlanningBeard Southold Town Hall Main Road Southold, New York 11971 Dear Chairman Orlowski: This will confirm my conversation with Frank Yakaboski, Town Attorney on Friday, September 25, 1987 in which I indicated that I have been informed by both Edgar Hills, Esq. and Philip Cardinale, Esq. that the right-of-way fr~n Bokina and Johnston has been c~pleted and recorded within the past two weeks. Sincerely, September 15, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision Cutchogue, New York Dear Mr. Orlowski: We have written to you repeatedly. You do not answer our letters, do you furnish us with approved maps, which you were authorized to sign on 7/6/87. nor Si~erely, Rudolph H~B~uer ~- RHB/df Enc. cc: Mr. John R. Dempsey Paul J. Modarelli, Esq. Francis J. Yakaboski, Esq. P.S. Michael Hall, Esq., by telephone this date, told me that the Becky Johnston easement has been delivered to Edgar Hills, Esq., as attorney for Chicago Title Ins. Co., for recording. I have also been told that the easement has physically been cut and cleared. RECEIVED BY S UTHg F HHIHG SEP18 1987 My instincts tell me there is "something rotten in Denmark". We are potentially in a position of losing this transaction due to your and the Board's inaction. In our opinion, this inaction constitutes gross negligence and malfeasance. September 15, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision Cutchogue, New York Dear Mr. Orlowski: We have written to you repeatedly. You do not answer our letters, do you furnish us with approved maps, which you were authorized to sign on 7/6/87. nor My instincts tell me there is "something rotten in Denmark". We are potentially in a position of losing this transaction due to your and the Board's inaction. In our opinion, this inaction constitutes gross negligence and malfeasance. Sincerely, Rudolph H'~ Bruer ,: RHB/df Enc. cc: Mr. John R. Dempsey Paul J. Modarelli, Esq. Francis J. Yakaboski, Esq. P.S. Michael Hall, Esq., by telephone this date, told me that the Becky Johnston easement has been delivered to Edgar Hills, Esq., as attorney for Chicago Title Ins. Co., for recording. I have also been told that the easement has physically been cut and cleared. S E P 1987 September 2, 1987 RECEIVED BY SOUTHO~ TOWN PLANNING BOARD SEP & 1987 DATE Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Cutchogue, New York Dear Mr. Orlowski: We have not received your response to our letters of July 31, 1987, August 6, 1987 or August 21, 1987. Again, may we please know when we might expect receipt of maps endorsed by the Planning Board. Thank you for your attention to this matter. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr. John R. Dempsey Leo W. Fraser, III, Esq. Paul J. Modarelli, Esq. August 24, 1987 DATE Southold Town Zoning Board Town Hall Main Road Southold, New York 11971 of Appeals Re: Appeal No. 3564 John R. Dempsey Cutchogue, N.Y. Dear Sirs: With regard to your letter of December 8, 1986 (copy enclosed for your reference), we submit herewith the following: 1. Copy of the Planning Board's letter of July 15, 1987, setting forth their July 6, 1987 resolution to approve the Raeburn/Murphy subdivision plat. 2. Copy of Easement Agreement made by Jennie Bokina to Becky Johnston. 3. Copy of August 20, 1987 letter of Edgar Hills, 'Esq., advising that a settlement has been reached in the matter of Johnston vs. Bokina. Please now place the matter of Appeal No. 3564 on your calendar for public hearing. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr. John R. Dempsey Southold Town Planning Board LEFFERT5 p. EDSON RUDOLPH h. BRUER August 21, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision Cutchogue, New York Dear Mr. Orlowski: We have not received your response to our letters of August and July 31, 1987. Again, may we please know when we might receipt of maps endorsed by the Planning Board. Thank you for your attention to this matter. S i n ~e4~l~;, RHZ/~f . Ebc. cc: Mr. John R. Dempsey Leo W. Fraser, III, Esq. 6, 1987 expect '-RECEIVE J1HOLD TOWI4 PL List of events for Raeburn-Murphy Subdivision: February 23, 1979 Subdivision application made based on court proceeding which split two parcels into three. Application fee paid (file # 172 March 26, 1979 October 1, 1979 October 1, 1979 October 10, 1979 October 18, 1979 October 18, 1979 October 22, 1979 November 15, 1979 November 29, 1979 December 5, 1979 December 13, 1979 December 18, 1979 January 14, 1980 June 6, 1985 August 5, 1985 August 14, 1985 Submission to Planning Board of deeds and right-of-way agreement. Copy of deeds transferring property as per the court proceeding. Plan. Board approved the sketch map dated 9/26/79 Referral under SEQRA and referral to County Planning Commission. Public hearing on the question of approval of the proposal. Correspondence from the Health Dept. pursuant to the SEQRA review. Negative Declaration granted Comments received from the Suffolk County Planning Commission approving with six (6) conditions. Planning Board approved subdivision subject to the conditions of the County Planning. Planning Board accepts conditions and directs that they be placed on the map. Correspondence that a 280-a is pending before the Board and requesting that the Plannning Board give their input. Planning Board forward recommendations to the ZBA. Planning Board forwards recommendations again to the ZBA. Correspondence from Ben Kinzler, esq. requesting that we advise him of the necessary improvements to the right-of-way for access to the lots inthe Raeburn-Murphy subdivision. Report from Inspector John W. Davis. Planning Board accepts report from Mr. Davis There doesn't appear to be any maps with the conditions as per the Planning Board approval and no endorsed maps in the file. AUgUSt 6, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision Cutchogue, New York Dear Mr. Orlowski: Enclosed is a copy of our letter please know when we might expect Planning Board. to you of July 31, 1987. May we receipt of maps endorsed by the Thank you for your attention to this matter. Singly, ~ R~ru e~r RHB//df ~ Enc. cc: Mr. John R. Dempsey July 31, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision Cutchogue, New York Dear Mr. Orlowski: Pursuant to the request contained in your July 15, 1987 letter (copy enclosed), we submit herewith three (3) survey prints of the above subdivision plat for endorsement of the Planning Board's approval, as you were so authorized to do by action of the Board, July 6, 1987. Sin~rely, Rudolph ~. Bruer ~- - RHB/df cc: Mr. John R. Dempsey RECEIVED BY ~IHI]L~ II~WN PL~NI;'~G BOA~ DATE Southold, N.Y. 11971 (516) 765-1938 Ju'ly 19, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Baxter Right-of-way Dear Mr. Davis: We are in receipt of a request for requirements on an access road within the above referenced right-of-way. Enclosed is a copy of the request, as well as a survey, and a copy of a previous report which you submitted regarding the same access road, in 1982. Would you please make an inspection and advise our Board if any improvements would need to be made, and if so, what they would be. To help clarify this, the property in question is to the East of Baxter's property on the survey map, however, the Baxter right-of-way will be used. If you have any questions, please don' t hesitate to contaJt us. ry truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold. N.Y. 11971 (516) 765-1938 D LD ¥ July 15, 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road Soutbold, NY 11971 Re: Raeburn / Murphy RECEIVED BY AUG 0 3 1987 Dear Mr. Bruer: DATE Please let this confirm the following action taken by the Southold Town Planning Board, Monday, July 6, 1987. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and b2ary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and re-submitted on April 14, 1987 by way ov correspondence from the attorney for the applicant, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Main Road, Southold, New York on Ju~ i, 1987 ~nd r~-conv~ed and " ~ June 15, 198'7, and ~HEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, THEREFORE, BE iT RESOLVED, that the application of Robin A. RAeburn and Mary Elizabeth Murphy for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. and aated September 26, 1979 be approved and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision plat. In review of our file, there are no surveys which could be endorsed, therefore, would you please forward three surveys, last dated September 26, 1979, for the Chairman to endorse. Mr. Rudolph H. Bruer Page 2 7/15/87 If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI; JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary DIRECT DIAL:951- 2378 _ RECEIVED BY July 15, 1987 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Southold, New York 11971 Re: Raeburn-Murphy Subdivision at Cutchogue Our File: 306,836 Dear Mr. Orlowski: We are counsel to Ms. Becky Johnston, who is the owner of the lot that adjoins Lot No. 3 (the Mary Murphy property) to the east. As you may be aware, Ms. Johnston's right to ingress and to egress from her property is a matter of dispute between her and the owner of the property adjoining these lots to the south, Jennie Bokina. With regard to the above proposed subdivision, the resolution by the Planning Board adopted on November 14, 1979, conditioned its approval of the subdivision on three conditions, one of which was that a right-of-way be continued for 150 feet across Lot No. 3. This would extend the existing right-of-way to Ms. Johnston's property and provide her legal access regardless of the outcome of the dispute with Mrs. Bokina. Although we have not yet seen it, we understand that the Planning Board has received a letter from Rudolph H. Bruer, Esq., which represents that my client's problems of access have been resolved. Unfortunately, this is not the case. In fact, her access to her property continues to be denied by Mrs. Bokina and/or her agents. An existing right-of-way across the Bokina property to Ms. Johnston's property remains physically obstructed. In view of this, we would object to any change in the Board's condition for approval of the subdivision that the right-of-way across Lot No. 3 be extended. Any such change would clearly be adverse to Ms. Johnston's interests. If an application for a change or elimination of such condition is filed, we would request the opportunity to be heard on Ms. Johnston's behalf. Thank you for your cooperation. Very truly yours, LWF/af cc: Becky Johnston MENDE~UNT ~ BY:Le~ r~asl,~iii Rudolph H. Bruer, Esq. Robert W. Tasker, Esq. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at SouthoId, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ' ...... weeks .~/ successively, commencing on the ...................... Sworn to befo~e me this . '~ / day of .................. Notary Public BARBARA FORBES LEGAL NOTICE Notice of Hearing ~gs will ~ tbe. Sm~hola- ~own planning Board al the Town Hall, Main Road, Southold; Newl York in said Town on ,the 1st ~ of June 1987 ,on., the qu~gion of the ed as follows: BEGINNING at a concrete monument set at the southwesterly corI~er of the premises and the intersection of the northerly line and/he/as~- ly line of two rights-of-way now or formerly of BOkina; running thence N 45°11'20' W. along qands now or formerly of Bokina 375 feet~ ~ore or less, to the high water: ~ar~of Long Island ~Sou~d then~ ~as~erly' along t~he high ,'v~ mark ~f 7:45 p.m. Apprvoal of the minor subdivisoh of Robin A. Long Island Sound 520 feet, Raeburn and Mary ~lizaheth more or less, to la?ids now or Murphy lb~ated at C'htcb0gUe, 'formerly ~6f Par~ thence S. intheTownofSouth61d, Co~n. ' 4;1/°29'40"E 3'3~'T~t, moreor ty of Suffolk and State of New less, along lands now or former- York and bounded and describ- ly of Parr to the northerly line of a 20 foot right-of-way; thence running the following two courses ~d distances along the fiortheriy line of a 20 foot right- of-Way: (1) S. ?0°16'10'' West, 247.70 feet;'(2) S. 70°20'10"W., 2~9.0g feet to the point or place of beginning: Containing 3.6, acres more ot less. Any p~s~'~liesiring to .he heard on t.h6 i~bove matters · should aplmar at the time and place above specified. Dated: May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN 1T-5/21/87(14) LEGAL NOTICE for the subdivision Murphy Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said town on the 1st day of June 1987 on the question of the following: 7:45 p.m. Approval of the minor subdivision of Robin A. Raeburn and MarylElizabeth Murphy located at Cutchogue, in the Town of Southold, County of Suffolk-and State of New York and bounded and described as follows: BEGINNING at a concrete monument set at the southwesterly corner of the premises and the intersection of the northerly line and the easterly line of two rights- of - way now or formerly of Bokina; running thence N. 45011'20'' W~ along lands now or formerly of Bokina 375 fee~ more or less, to the high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound 520 feet, more or less, to lands now or formerly of Parr; thence S. 44029'40'' E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right~of-way; thence running the following two courses and distances along the northerly line of a 20 foot right-of-way : (1) S. 70°16'10'' West, 247.70 feet; (2) S. 70°20'10" W., 259.08 feet to ~he point or place of beginning. Containing 3.6 acres more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies sent to the following: Suffolk Times Long Island Traveler Watchman Rudy Bruer, attorney Supervisor Francis J. Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said town on the 1st day of June 1987 on the question of the following: 7:45 p.m. Approval of the minor subdivision of Robin A. Raeburn and MarylEliZabeth Murphy located at Cutchogue, in the Town of Southold, County of Suffolk-and State of New York and bounded and described as follows: BEGINNING at a concrete monument set at the southwesterly corner of the premises and the intersection of the northerly line and the easterly line of two rights- of - way now or formerly of Bokina; running thence N. 45011'20'' W. along lands now or formerly of Bokina 375 fee~ more or less, to the high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound 520 feet, more or less, to lands now or formerly of Parr; thence S. 44029'40'' E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right~of-way; thence running the following two courses and distances along the northerly line of a 20 foot right-of-way : (1) S. 70°16'10" West, 247.70 feet; (2) S. 70°20'10" W-, 259.08 feet to the point or place of beginning. Containing 3.6 acres more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies sent to the following: Suffolk Times Long Island Traveler Watchman Rudy Bruer, attorney for the subdivision Supervisor Francis J. Murphy LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said town on the 1st day of June 1987 on the question of the following: 7:45 p.m. Approval of the minor subdivision of Robin A. Raeburn and Maryi,Elizabeth Murphy located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: ~EGINNING at a concrete monument set at the southwesterly corner of the premises and the intersection of the northerly line and the easterly line of two rights- of - way now or formerly of Bokina; running thence N. 45011'20'' W. along lands now or formerly of Bokina 375 fee~ more or less, to the high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound 520 feet, more or less, to lands now or formerly of Parr; thence S. 44029'40'' E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right~of-way; thence running the following two courses and distances along the northerly line of a 20 foot right-of-way : (1) S. 70°16'10'' West, 247.70 feet; (2) S. 70°20'10'' W., 259.08 feet to the point or, place of beginning. Containing 3.6 acres more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies sent to the following: Suffolk Times Long Island Traveler Watchman Rudy Bruer, attorney for the subdivision Supervisor Francis J. Murphy T~ LD S Southold, N.Y. 11971 (516) 765-1938 May 15, 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road Southold, NY 11971 RE; Raeburn/Murphy Subdivision at Cutchogue Dear Mr. ~Bruer: Please. let this confirm the following actions taken by the Southold Town Planning Board, Monday, May 11, 1987. ' RESOLVED that the Southold Town Planning Board override the County Planning Commission resolution with regard to the minor subdivision of Raeburn/Murphy located at Cutchogue pursuant to the request of the attorney for the applicant. RESOLVED that the Southold Town Planning Board set Monday, June 1, 1987 at 7:45 p.m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the minor subdivision for Raeburn /Murphy located at Cutchogue. This hearing is a re-hearing as the original approval of the subdivision had not been finalized. Enclosed is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary I~EGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, South- old, New York in said town on the 1st day of June 1987 on the question of the following: 7:45 p.m. Approval of the minor subdivision of Robin A Raeburn and Mary Elizabeth Murphy located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a concrete monument set at the southwes- terly corner of the premises and the intersection of the northerly line and the easterly line of two rights-ol:way now or lbrmerly of Bokina; running thence N. 45q 1'20" W along ]ands now or formerly of Bokina 375 b, et, more or less, to tb( high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound;520 feet, more or less. to lands now or formerly (if Parr; thence S. 44~29'40'' E. 330 feet. more or less, along lands now or £ormerly of Parr to the northerly line of a 20 foot right-of-wa3~; lhence running the following two courses and distances along the northerly line of a 20 foot right-of-way: (1/ S 70~16'1~'' West, 247.70 feet; 12) S 70°2ff10' W. 259.08 feet to the point or place of beginning. Con- taining 36 acres more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Richard Willianls of Greenpo~t, said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 2 1 S t dayof .... ~Y 19 Principal Clerk Sworn to bede me this T(~i~~LD Southold, N.Y. 11971 (516) 765-1938 May 8, 1987 Mr. Frank Yakaboski Attorney at Law 456 Griffing Avenue Riverhead, NY 11901 Re: Raeburn and Murphy Dear Mr. Yakaboski: As per our conversation on this date, enclosed is a copy of the correspondence from the attorney for the above mentioned proposal located at Cutchogue. Thank you for you assistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, enc. BENNETT ORLOWSKI, JR., CHAIRMAN OUTHOLD TOWN_~PL~NNING. BOARD ~y ane M. Schultze, Secretary May 4, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision at Cutchogue Dempsey from Raeburn Dear Mr. Orlowski: We respectfully request your response to our letter of April 14, 1987, a copy of which is enclosed for your reference. Time is very critical · Bruer Enc. cc: Robert W. Tasker, Esq. Frederick J. Tedeschi, Esq. Mr. John R. Dempsey Paul J. Modarelli, Esq. to us in this instance. April 14, 1987 Bennett Orlowski, ~r., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision at Cutchogue Dempsey from Raeburn Dear Mr. Orlowski: This letter is to summarize, somewhat, a conversation I had with Mr. Mullen, Mr. Ward and yourself, very briefly, on March 27, 1987. The discussion related to the above subdivision and, in particular, Mr. Tasker's letter to you of 3/12/87, a copy of which is enclosed. The discussion went somewhat as follows: The subdivision application was approved in 1979, pursuant to the facts as set forth in Mr. Tasker's 3/12/87 letter. At that time, the property was owned by my client, Robin Raeburn, and one Mary Elizabeth Murphy, who is presently, I believe, being represented by Frederick Tedeschi, Esq., however, I am not sure of this last statement. Pursuant to Mr. Mullen's instructions, I contacted Mr. Tedeschi and advised him of Mr. Tasker's letter of 3/12/87. A copy of my transmittal letter to him of 3/31/87 is enclosed. Although Mr. Tasker's letter states that the subdivision will not be finalized until such time as the conditions referred to in his letter are complied with, the property, in fact, has been subdivided. Lot #1 is presently owned by John Marshall Lancaster, who took title to the property last year, upon which property a lending institution has extended a mortgage. Ms. Raeburn owns Lot #2 and Ms. Murphy owns Lot #3. It is my understanding that Ms. Raeburn and Ms. Murphy had a falling out and the property was partitioned by order of a Supreme Court Justice. Accordingly, it is impossible for my client to comply with Item #3 as set forth on page one of Mr. Tasker's 3/12/87 letter. Item #2 will not be entertained by the Zoning Board of Appeals until the subdivision question has been resolved. We enclose herewith a copy of the ZBA's letter dated 12/8/86. B. Orlowski, Jr. -2- April 14, 1987 As to the adopted recommendations of the County Planning Commission, Item #1 cannot be complied with as the Suffolk County Health Department has already approved the location of the wells and cesspools, as can be seen from the enclosed survey. Item #6 is impossible to comply with unless agreed to by Ms. Murphy. I do not believe she will c~operate. It is my understanding that a 280-A access variance has been granted to the property immediately to the east of this subdivision, owned by one Becky Johnson. Her right of way will have to be moved to its precise location, as shown on the various maps in the Board's file, rather than its present location which meanders across the right of way onto lands now or formerly of Baxter and now or formerly of Bokina (See enclosed survey for Becky Johnson, as amended 8/7/85). By way of this letter, we request that the Planning Board amend its prior conditions to eliminate Items #1 & #6 from the County Planning Commissions recommendations, and to modify Item #3 as to the right of way continuing through Lot #3, as the premises to the east has its own access over land of Bokina. If it has not been, it will be, pursuant to information I received from Ms. Johnson and Philip Cardinale, Esq., the attorney for the Bokina family. It is imperative that the Board take affirmative action to clarify this subdivision for the benefit of straightening out its own files, as well as making the remaining lots saleable. If the Planning Board cannot resolve this matter, I see no alternative but to refer this matter back to the Supreme Court Justice, or his successor, who setoff this property. We also enclose for your reference copies of N.Y.S. DEC letter of 9/4/86 and Board of Town Trustees letter of 8/29/86. I would appreciate hearing from you as soon as possible. Thank you for your anticipated cooperation in this matter. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Robert W. Tasker, Esq. Frederick j. Tedeschi, Mr. John R. Dempsey Paul J. Moderelli, Esq. Esq. April 14, 1987 APR , ,oL Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Raeburn/Murphy Subdivision at Cutchogue Dempsey from Raeburn Dear Mr. Orlowski: This letter is to summarize, somewhat, a conversation I had with Mr. Mullen, Mr. Ward and yourself, very briefly, on March 27, 1987. The discussion related to the above subdivision and, in particular, Mr. Tasker's letter to you of 3/12/87, a copy of which is enclosed. The discussion went somewhat as follows: The subdivision application was approved in 1979, pursuant to the facts as set forth in Mr. Tasker's 3/12/87 letter. At that time, the property was owned by my client, Robin Raeburn, and one Mary Elizabeth Murphy, who is presently, I believe, being represented by Frederick Tedeschi, Esq., however, I am not sure of this last statement. Pursuant to Mr. Mullen's instructions, I contacted Mr. Tedeschi and advised him of Mr. Tasker's letter of 3/12/87. A copy of my transmittal letter to him of 3/31/87 is enclosed. Although Mr. Tasker's letter states that the subdivision will not be finalized until such time as the conditions referred to in his letter are complied with, the property, in fact, has been subdivided. Lot #1 is presently owned by John Marshall Lancaster, who took title to the property last year, upon which property a lending institution has extended a mortgage. Ms. Raeburn owns Lot #2 and Ms Murphy owns Lot #3. ' It is my understanding that Ms. Raeburn and Ms. Murphy had a falling out and the property was partitioned by order of a Supreme Court Justice. Accordingly, it is impossible for my client to comply with Item #3 as set forth on page one of Mr. Tasker's 3/12/87 letter. Item #2 will not be entertained by the Zoning Board of Appeals until the subdivision question has been resolved. We enclose herewith a copy of the ZBA's letter dated 12/8/86. B. Orlowski, Jr. -2- April 14, 1987 As to the adopted recommendations of the County Planning Commission, Item #1 cannot be complied with as the Suffolk County Health Department has already approved the location of the wells and cesspools, as can be seen from the enclosed survey. Item #6 is impossible to comply with unless agreed to by Ms. Murphy. I do not believe she will cooperate. It is my understanding that a 280-A access variance has been granted to the property immediately to the east of this subdivision, owned by one Becky Johnson. Her right of way will have to be moved to its precise location, as shown on the various maps in the Board's file, rather than its present location which meanders across the right of way onto lands now or formerly of Baxter and now or formerly of Bokina (See enclosed survey for Becky Johnson, as amended 8/7/85). By way of this letter, we request that the Planning Board amend its prior conditions to eliminate Items #1 & #6 from the County Planning Commissions recommendations, and to modify Item #3 as to the right of way continuing through Lot #3, as the premises to the east has its own access over land of Bokina. If it has not been, it will be, pursuant to information I received from Ms. Johnson and Philip Cardinale, Esq., the attorney for the Sokina family. It is imperative that the Board take affirmative action to clarify this subdivision for the benefit of straightening out its own files, as well as making the remaining lots saleable. If the Planning Board cannot resolve this matter, I see no alternative but to refer this matter back to the Supreme Court Justice, or his successor, who setoff this property. We also enclose for your reference copies of N.Y.S. DEC letter of 9/4/86 and Board of Town Trustees letter of 8/29/86. I would appreciate hearing from you as soon as possible. Thank you for your anticipated cooperation in this matter. Sinc~y~ ,' /~.~ Encs. cc: Robert W. Tasker, Esq. Frederick J. Tedeschi, Esq. Mr. John R. Dempsey Paul J. Moderelli, Esq. ROBERT W. TASKER Town At (orney OFFI RNEY 42.5 MAIN STREET * P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 March 12, 1987 TELEPHONE (516) 477-1400 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Southold, New York 11971 Re: Raeburn-Murphy Subdivision at Cutchogue Dear Mr. Orlowski: I have received a letter from Rudoph Bruer, who apparently repre-' sents one of the parties interested in the above subdivision, who has been advised by the Planning Board that this matter was referred to me on February 19 for an opinion, and he has requested the status of the matter. You will recall that two or three weeks ago, I discussed this matter on a Friday afternoon with you and with the Planning Board secretary, and orally gave you my opinion. I assumed that that was satisfactory. On the assumption that you wish something in writing, I will set forth herein my opinion. It would appear from the information which you have given me that this matter involves the approval of a minor subdivision applied for by Mary Murphy and Robin Raeburn, by application dated February 23, 1979, and that a public hearing on the approval of such subdivision was held by the Planning Board on October 18, 1979. It also appears that at a meeting of the Planning Board held on November lZl, 1979, a resolution was adopted approving the subdivision subject to three conditions, to wit: (1) COnsideration of the Town Planning Board of conditions of the Suffo-'[~-~unty Planning Commission, if any; (2) approval by the Southold Town Board of Appeals of adequate access to the property; and (3) COntinuance of a right of way for 150 feet through Lot No. 3. It also would appear that at a meeting of the Planning BOard on December 3, 1979, a resolution was adopted to accept Seven reCOmmendations and conditions of the Suffolk County Planning Department and dh'ect that Mr. ~ennett Orlowski, Jr. March 12, 1987 Page 2 "they be placed on the map". The seven recommendations and conditions are as follows: No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff In any manner., No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. ,'" Clearing and cutting of Yegetation within 50/feet of the top edge of the bluff shall be limited to that necessary for maintenance. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Access to the beach for Lots 2 and 3 shall be restricted to a single access structure located on or near the common property lien between the two lots. The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. In your February 19, 1987 letter to me you request my opinion as to "how to finalize this subdivision". From the foregoing documents which I have mentioned, it would appear that the Planning Board adopted two resolutions approving the subdivision, in each of which such approvals were contingent upon certain conditions being met by the applicant. It would appear to me that until such conditions, in both of the resolutions approving the map, have been complied with, that subdivision map approval is not final. Accordingly, the Planning Board's finalization of the subdivision would not be complete until such conditions have been complied with. At the Friday meeting at which I was present and at which this sub- division was discussed, I did advise you that, since minor subdivision maps are not filed in the Suffolk County Clerkfs office, any conditions which are required to be endorsed on such maps are not notice to a subsequent purchaser of the Mr. Bennett Orlowski, Jr. March 12, 1987 Page 2 property. I recommended to you, as I have recommended in the past, that conditions which you intend to run in perpetuity should be in the form of a declaration of covenants and restrictions, and should be recorded in the Suffolk County,Clerk's office, so that they run with the land and bind all subsequent owners of such property. As I indicated, merely setting forth such condition's on an unflled map which is in the Planning Board's file drawer is not legal notice to any subsequent purchaser of the property. I hope that the foregoing satisfies your request. If not, I will be happy to appear before your Board and to discuss the matter in further detail. In rendering the foregoing opinion, I have not taken account of the time limitations-set forth in'the subdivision regulations because I believe that the Planning Board is familiar with them, since I have set them forth in numerous opinions to the Planning Board. Yours very truly, RWT/jr Enclosure cc: Rudolph H. Bruer, Esq. ROBERT W. TASKER Hatch 31, 1987 Frederick J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 Re= Raeburn/Murphy Subdivision Cutohogue, New York Dear Fred: As we discussed, enclosed please find a copy of Bob Tesker'a letter of March 12, 1987 and a copy of the minor sub~lviBion map made for Robin A. Raeburn and Mary Rlisabeth Murphy. Please contact Ms. Murphy so that we can resolve this matter. Best regards. Sincerely, Rudolph H. Bruer RHB/cas Encs. Blind cc: J.R. Dempsey Paul J. Modarelli, Esq. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 8, 1986 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3564 - John Dempsey (Variances) Dear Rudy: In further researching the property in question, we have been advised that there is no record of Planning Board approval for the lots shown on the "Minor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy" dated March 19, 1980. A copy of the Town Planner's Memorandum is enclosed for your perusal. Also enclosed is a copy of conditions placed by the Board of Appeals under Appeal No. 3478, concern- ing the right-of-way over which you have requested 280-a approval, which is pending litigation. Until such time as approval has been received from the Planning Board and a Court settlement has been reached concerning the right-of-way, we will be unable to proceed. Please keep us advised accordingly. lk Enclosures cc: Planning Board Building Department Ms. Mary Elizabeth Murphy HENRy P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 29, 1986 Mr. Rudolph H. Bruer Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 Re: Dempsey from Raeburn, Lot 2, House Proposal Dear Mr. Bruer: The following action was taken by the Board of Trustees at their regular meeting held on August 28, 1986 regarding the above captioned matter. WHEREAS, Rudolph H. Bruer on behalf of Dempsey from Raeburn has requested a determination on the need of a Wetland Permit for the construction of a single family residence on property located off a R.O.W. off of Bridge Lane, Cutchogue, and WHEREAS, the Trustees have personallyviewed and are familiar with the property in question and the surrounding area, and WHEREAS, the Board has determined that the Trustees have no jurisdiction in regard to this matter in accordance with the proposal submitted on the map surveyed by Anthony W. Lewandowski, dated July 14, 1986, and be it further advised that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Very truly yours, t Henry P. -Sm±th, Pres±dent Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals Trustees file NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Dear Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 (516~ 751-7900 A review has been made of your proposal to: £ Id O- - New York Sta~__epartment of Environmental Conservation has found the parcel .project to be: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). /Landward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours, Alternate Regional Permit Administrator ROBEWr W. TASKER Town Attorney OFF1C~ TELEPHONE (516) 477-1400 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 March 12, 1987 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Southold, New York 11971 Re: Raeburn-Murphy Subdivision at Cutchogue Dear Mr. Orlowski: I have received a letter from Rudoph Bruer, who apparently repre- sents one of the parties interested in the above subdivision, who has been advised by the Planning Board that this matter was referred to me on February 19 for an opinion, and he has requested the status of the matter. You will recall that two or three weeks ago, I discussed this matter on a Friday afternoon with you and with the Planning Board secretary, and orally gave you my opinion. I assumed that that was satisfactory. On the assumption that you wish something in writing, I will set forth herein my opinion. It would appear from the information which you have given me that this matter involves the approval of a minor subdivision applied for by Mary Murphy and Robin Raeburn, by application dated February 23, 1979, and that a public hearing on the approval of such subdivision was held by the Planning Board on October 18, 1979. It also appears that at a meeting of the Planning Board held on November 14, 1979, a resolution was adopted approving the subdivision subiect to three conditions, to wit: (1) consideration of the Town Planning Board of conditions of the Suffo--Fk 'County Planning Commission, if any; (2) approval by the Southold Town Board of Appeals of adequate access to the property; and (3) continuance of a right of way for 150 feet through It also would appear that at a meeting of the Planning Board on December 3, 1979, a resolution was adopted to accept seven recommendations and conditions of the Suffolk County Planning Department and direct that Mr. Bennett Orlowski, Jr. March 12, 1987 Page 2 "they be placed on the map". The seven recommendations and conditions are as follows: No sanitar~posal facility shall be installed or constructed within 1~0 feet~of the top edge of the bluff. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from f!0,wing over the edge of the bluff. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. 5. Access to the beach shall be by means of a suitable structure - designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 6. Access to the beach for~'ots 2 and 3~)shall be restricted to a single access structure Iocat--a~e on or~'near the common property lien between the two lots. The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. In your February 19, 1987 letter to me you request my opinion as to "how to finalize this subdivision". From the foregoing documents which I have mentioned, it would appear that the Planning Board adopted two resolutions approving the subdivision, in each of which such approvals were contingent upon certain conditions being met by the applicant. It would appear to me that until such conditions, in both of the resolutions approving the map, have been complied with, that subdivision map approval is not final. Accordingly, the Planning Board's finalization of the subdivision would not be complete until such conditions have been complied with. At the Friday meeting at which I was present and at which this sub- division was discussed, I did advise you that, since minor subdivision maps are not filed in the Suffolk County Clerk's office, any conditions which are required to be endorsed on such maps are not notice to a subsequent purchaser of the Mr. Bennett Orlowski, Jr. March 12, 1987 Page 2 property. I recommended to you, as I have recommended in the past, that conditions which you intend to run in perpetuity should be in the form of a declaration of covenants and restrictions, and should be recorded in the Suffolk County Clerk's office, sO that they run with the land and bind all subsequent owners of such property. As I indicated, merely setting forth such conditions on an unfiled map which is in the Planning Board's file drawer is not legal notice to any subsequent purchaser of the property. I hope that the foregoing satisfies your request. If not~ I will be happy to appear before your Board and to discuss the matter in further detail. In rendering the foregoing opinion, I have not taken account of the time limitations-set forth in the subdivision regulations because I believe that the Planning Board is familiar wit. h them, since I have set them forth in numerous opinions to the Planning Board. Yours very truly, ROBERT W. TASKER RWT/jr Enclosure cc: Rudolph H. Bruer, Esq. ROBERT W. TASKER Town Attorney OFFIC~~ D 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 477-1400 March 12, 1987 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Southold, New York 11971 Re: Raeburn-Murphy Subdivision at Cutchogue Dear Mr. Orlowski: I have received a letter from Rudoph Bruer, who apparently repre- sents one of the parties interested in the above subdivision, who has been advised by the Planning Board that this matter was referred to me on February 19 for an opinion, and he has requested the status of the matter. You will recall that two or three weeks ago, I discussed this matter on a Friday afternoon with you and with the Planning Board secretary, and orally gave you my opinion. I assumed that that was satisfactory. On the assumption that you wish something in writing, I will set forth herein my opinion. It would appear from the information which you have given me that this matter involves the approval of a minor subdivision applied for by Mary Murphy and Robin Raeburn, by application dated February 23, 1979, and that a public hearing on the approval of such subdivision was held by the Planning Board on October 18, 1979. It also appears that at a meeting of the Planning Board held on November 14, 1979, a resolution was adopted approving the subdivision subject to three conditions, to wit: (1) consideration of the Town Planning Board of conditions of the Suffo-['k County Planning Commission, if any; (2) approval by the Southold Town Board of Appeals of adequate access to the property; and (3) continuance of a right of way for 150 feet through Lot No. 3. It also would appear that at a meeting of the Planning Board on December 3, 1979, a resolution was adopted to accept seven recommendations and conditiOns of the Suffolk County Planning Department and direct that Mr. Bennett Orlowski, Jr. March 12, 1987 Page 2 "they be placed on the map". The seven recommendations and conditions are as follows: No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. 2o No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Access to the beach for Lots :2 and 3 shall be restricted to a single access structure located on or near the common property lien between the two lots. 7o The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. In your February 19, 1987 letter to me you request my opinion as to "how to finalize this subdivision". From the foregoing documents which I have mentioned, it would appear that the Planning Board adopted two resolutions approving the subdivision, in each of which such approvals were contingent upon certain conditions being met by the applicant. It would appear to me that until such conditions, in both of the resolutions approving the map, have been complied with, that subdivision map approval is not final. Accordingly, the Planning Board's finalization of the subdivision would not be complete until such conditions have been complied with. At the Friday meeting at which I was present and at which this sub- division was discussed, I did advise you that, since minor subdivision maps are not filed in the Suffolk County Clerk's office, any conditions which are required to be endorsed on such maps are not notice to a subsequent purchaser of the Mr. Bennett Orlowski, Jr. March 12, 1987 Page 2 property. I recommended to you, as I have recommencled in the past, that conditions which you intend to run in perpetuity should be in the form of a declaration of covenants and restrictions, and should be recorded in the Suffolk County Clerk's office, so that they run with the land and bind all subsequent owners of such property. As I indicated, merely setting forth such conditions on an unfiled map which is in the Planning Board's file drawer is not legal notice to any subsequent purchaser of the property. I hope that the foregoing satisfies your request. If not, I will be happy to appear before your Board and to discuss the matter in further detail. In rendering the foregoing opinion, I have not taken account of the time limitations set forth in the subdivision regulations because I believe that the Planning Board is familiar with them, since I have set them forth in numerous opinions to the Planning Board. Yours very truly, ROBERT W. TASKER RWT/jr Enclosure cc; Rudolph H. Bruer, Esq. March 7, 1987 Robert W. Tasker, Esq. 425 Main Street Greenport, N.Y. 11944 Re: Raeburn and Murphy Subdivision at Cutchogue Dear Bob: In connection with the above matter, we understand that the Southold Town Planning Board's file was referred to you on February 19, 1987, along with their request for an opinion. Please ~/~ 1se. Since RHB/d; Southold, N.Y. 11971 (516) 765-1938 February 19, 1987 Mr. Rudolph H. Bruer Attorney at Law Main Road Southold, NY 11971 Re: Raeburn and Murphy subdivision at Cutchogue Dear Mr. Bruer: In response to your correspondence of February 9, and February 18, we have referred the file and correspondence to our Town Attorney to obtain his opinion on how to finalize this matter. We will advise you when we have received his opinion. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516477-9403 Ms. Diane Schultz, Secretary Southold Town Planning Board Main Road Southold, N.Y. 11971 February 27, 1986 Dear Diane: Please be advised that I have been hired by Ms. Mary Elizabeth Murphy complete subdivision of her land in Cutchogue. In connection with this matter you and I had a conversation in your off~ce some time ago wherin you suggested that I ~nquire in writing as to the current status of Ms. Murphy's project so that the Town Attorney could advise us as to the Town's requirements for completion. Wouid you please forward Ms. Murphy's file and this Ietter to Mr. Tasker at your early convenience? Thanks for your help. Sincerely, ~av(id E. Kapell 'as agent LEFFERTS P, EDSON RUDOLPH H. BRUER ATTOI~NE¥S AT LAW MAIN ROAD SaUTHOLD, NEWYDRK 11c3'71 February 18, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Robin A. and Mary Elizabeth Murphy Dear Sirs: May we please have your response copy of which is enclosed. Raeburn to our letter of February 9, 1987, a CERTIFIED MAIL February ~, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Robin A. Raeburn and Mary Elizabeth Murphy Dear Sirs: This office represents Robin A. Raeburn in connection with the above matter. Ms. Raeburn is the owner of Lot #2 on the subdivision map, by way of Suffolk County tax sale. Lot ~3 is owned by Mary Elizabeth Murphy, also, we believe, by way of tax sale. Lot ~1 is currently owned by John Marshall Lancaster. Ms. Raeburn's lot is currently under a conditional contract of sale. With regard to same, this office has filed an appeal with the Zoning Board of Appeals which is being held in abeyance at this point because, we understand, Mr. Emelita has advised the Z.B.A. that the above subdivision is not approved. We enclose herewith a copy of the Planning Board's 11/29/79 letter addressed to George Stankevich, Esq., setting forth their conditional approval of this subdivision. Please advise us what, if anything, must be done to finalize this matter. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Southold Town Zoning Board Paul J. Modarelli, Esq. of Appeals CERTIFIED MAIL February ~, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Robin A. Raeburn and Mary Elizabeth Murphy Dear Sirs: This office represents Robin A. Raeburn in connection with the above matter. Ms. Raeburn is the owner of Lot #2 on the subdivision map, by way of Suffolk County tax sale. Lot #3 is owned by Mary Elizabeth Murphy, also, we believe, by way of tax sale. Lot #1 is currently owned by John Marshall Lancaster. MS. Raeburn's lot is currently under a conditional contract of sale. With regard to same, this office has filed an appeal with the Zoning Board of Appeals which is being held in abeyance at this point because, we understand, Mr. Emelita has advised the Z.B.A. that the above subdivision is not approved. We enclose herewith a copy of the Planning Board's 11/29/79 letter addressed to George Stankevich, Esq., setting forth their conditional approval of this subdivision. Please advise us what, if anything, must be done to finalize this matter. Sincer.~ ~ly, ~ Eric. cc: Southold Town Zoning Board of Appeals Paul J. Modarelli, Esq. HENRY E RAYNOR, Jr..Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. ( T( ~D Southold, N.Y. 11971 November 29, 1979 TELEPHONE 765- 1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held November 14, 1979. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on October 18, 1979 at 9:00 p.m., and ~qEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by safd subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of Robin A. Raeburn and Mary Elizabeth Murphy for approval of said subdivision Plat prepared by Roderick Van TuYl, P.C. and dated September 26, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Consideration of the Southold Town Planning Board of conditions of the Suffolk County Planning Commission, any. if " George Stankevich, Esq. Page T~o Approval by the Southold Town Board of Appeals of adequate access to the property. Continuance of the right-of-way for 150 feet through lot 3. · I am enclosing the correspondence from the Suffolk County Planning Commission. The Board will review this matter on December 3, 1979. Yours truly, Muriel Tolman, Secretary Southold Town Planning Board Enclosure ~7~f~6o Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 T LD Southold, N.Y. 11971 (516) 765-1938 February 19, 1987 Mr. Robert W. Tasker Town Attorney 425 Main Street P.O. Box 697 Greenport, NY 11944 Re: Raeburn - Murphy subdivision located at Cutchogue Dear Mr. Tasker: Enclosed please find the following with regard to the above mentioned subdivision proposal: 1. Copy of subdivision application made based on court proceeding which split two parcels into three. Application made February 23, 1979. 2. Copy of deeds transferring the property as per the court proceeding. 3. Copy of the Planning Board resolution approving the sketch map dated September 29, 1979. 4. Copy of the legal notice advertising the public hearings. 5. Minutes from the public hearing dated October 18, 1979. 6. Copy of Planning Board resolution approving the subdivision subject to the conditions of the Suffolk County Planning Commission. 7. Copy of resolution of the Planning Board accepting conditions and requesting that they be placed on the map. There is no record in the Planning Board file of a map with the necessary conditions as per the Board's approval nor are there any endorsed maps in the file. Mrs. Raeburn's attorney has requested that we advise as to what is necessary to finalize this subdivision. $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l tELEPHONE (516) 765-1809 APPEALS 8OARD MEMSERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SA~nCKI December 8, 1986 Rudolph H. Bruer, Main Road Southold, NY 11971 Esq. Re: Appeal No. 3564 - John Dempsey (Variances) Dear Rudy: In further researching the property in question, we have been advised that there is no record of Planning Board approval for the lots shown on the "Minor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy" dated March 19, 1980. A copy of the Town Planner's Memorandum is enclosed for your perusal. Also enclosed is a copy of conditions placed by the Board of Appeals under Appeal No. 3478, concern- ing the right-of-way over which you have requested 280-a approval, which is pending litigation. Until such time as approval has been received from the Planning Board and a Court settlement has been reached concerning the right-of-way, we will be unable to proceed. Please keep us advised accordingly. Yours very truly, lk Enclosures cc: Planning Board Building Department Ms. Mary Elizabeth MMrphy GERARD p. GOEHRINGER CHAIRMAN T LD Y Southold, N.Y. 11971 (516) 765-1938 TO: FROM: DATE: RE: MEMORANDUM Jerry Goehringer, Chairman, ZBA Southold Town Planning Board November 19, 1986 Raeburn - Murphy In response to your memorandum of October 28, 1986 we have referred this matter to David Emilita, Town Planner. Mr. Emilita has made a review of the file and determined that there is no record of any subdivision approval, therefore, there is no lot No. 2. cc: Mary E. Murphy D LD Y Southold, N.Y. 11971 (616) 765-1938 November 19, 1986 Mary Elizabeth Murphy 25 East 10th Street (Apt New York, NY 10003 #4F) RE; Raeburn variance Dear Ms. Murphy: In accordance with your request, enclosed is a copy of our reply to the Board of Appeals memorandum of October 28, 1986. enc. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. S~hultze, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: FROM: DATE: SUBJECT: Southold Town Board o£Appeals MAIN ROAD- STATE RDAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Ben Orlowski, Chairman, Planning Board Jerry Goehringer, Chairman October 28, 1986 Minor Subdivision of R. Raeburn and M. Murphy (1979) N/s ROW Extending off the N/s Bridge Lane Extension, Cut. We have received an application concerning Lot #2, Minor Subdivi- sion of Raeburn-Murphy at Cutchogue, in which ~6riances are requested for an insufficient setback from the Long Island Sound bluff and for Final 280-a approval. Attached is a copy of a letter received which is self-explanatory. May we have a written confirmation for our record as to the status of the Minor Subdivision and whether the subdivider has met all the conditions imposed by the Planning Board since its November 14, 1979 action. Thank you. lk Mary Elizabeth Murphy 25 East lOth St. (A~t. ~4F) New York, N.Y. 10003 October 25, 1986 Board of Appeals Southold Township Town Hall Southold, N.Y. 11971 Dear Board Members: I am in receipt of a "Notice To Adjacent Property Owner", dated Oct. 2, 1986, from Edson & Bruer, Esqs., representing the petitioner Robin E. Raeburn, who is requesting a variance to construct a one family dwelling within 100 ft. of the L.I. Sound bluff designated as Dist. 1000, Sec.7S, Blk. 2, Lot 3.6. I vigorously protest this petition because this property is not a legal subdivision of the original Biurphy-Raeburn properties. The necessary approvals were not obtained by Raeburn, the rights-of-way were'not correctly drawn or large enough and the tax ~ap was never approved and most importantly the actual buildable land is not comparable to the original Murphy property. It is my intention to be represented at any public hearing on this matter,at which time the Aug. 17, 1978 court stipulation and all maps will be presented. Thank you very much. c.c. Edsbn g Bruer, Esq. B APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 2, 1986 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3478 Becky Johnson (280-a) Dear Mike: In response to your April 25, 1986 letter, please be advised that the following action was taken by the Board of Appeals at our Regular Meeting held last night in the above matter: RESOLVED, to hold the Matter of Appeal No. 3478 in the application of BECKY JOHNSON temporarily in abeyance pending direction in writing by the applicant or her agent as to which pontions of the right-of-ways they request 280-a approval over~ particularly the northerly sections. This resolution was duly adopted by unanimous vote of all the members. Also, the board wishes to clarify that they are not authorized to "issue permission to your client to use the farm road" as mentioned in your April 25th letter. Upon receipt of further direction by you as to the portions of the rights-of-way over which 280-a approval is being requested, in writing, we will be in a position to direct an inspection and report by our road engineer. April 25, 1986 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Becky Johnston - Appeal No. 3378 Dear Mr. Goehringer: Please consider this a formal request to place the above captioned 280A application on the very next available Zoning Board calendar. I make this request so that I can ask the board to issue permission to my client to use the farm road which has been serving her house for the past 60 years during renovation of her house pending 280A approval of the right-of-way which is currently being worked out. I understand the board has granted similar permission in the past such as with Alfred DiNunzio on Wells Road in Peconic and I can further represent to the board that no occupancy will take place until 280A approval is granted and a C.O. is issued. This interim measure is rather urgent in that my client's house is in a half completed state, with neither roof shingles nor doors and she will suffer severe and irreparable damage if construction can not be commenced prior to 280A approval. Sincerely, Michael J. Hall MJH:bl cc Becky Johnston Philip J. Cardinale, Esq. 7 7 t: ...' Southold, N.Y. 11971 (516) 765-1938 August 14, 1985 Ben Kinzler Attorney at Law 147 Willis Avenue Mineola, NY 11601 Re: Baxter right-of-Way Dear Mr. Kinzl~r: The following action was taken by the Southold Town Planning Board, Monday, August 12, 1985. RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis' report No. 463 regarding the Baxter right-of-way and access to lots within the former minor subdivision of Raeburn and Murphy. Enclosed is a copy of the report for your review. Please note, you are only required to improve the right-of-way to the lot, however, the Inspector's report includes the access to the lots East as well. . If you have any questions, please don't hesitate to contact our office. ~ery truly yours, BENNETT ORLOWSKI, JR./CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. AUG 5 1985 To: Bennett Orlowski, Chairman Report No. 463 Southold Town Planning Board From: John W. Davis Date: July 28, 1985 Re: Baxter Right-of-Way and Access to lots in former Minor Subdivision Lots ~, 2 & 3 in name of Murphy and Raeburn Map dated Amended 3/20/79 Comments: Have been advised that the 3 lots now consist of 2 lots, the westerly lot being Lot No. ! and ~ of Lot No. 2 in the name of Murphy with easterly lot being ~ of Lot 2 and Lot No. 3 in the name of Raeburn. There is a 20 ft. R.O.W. for a length of 249.52 on the map, which according to Mr. Bokina who I met on the site, is a legal R.O.W. Also shown is an offset 20 ft. R~O.W. within the subdivision for a length of 247.70 L.F. The overlap of the two R.O.W.'s shows an intersection that would not be usable for emergency vehicles and the average automobile. The offset R.O.W. should be extended westerly for an additional 30 ft. Mr. Bokina mentioned that he did not want to give any more of his property for access, apparently the reason for offset R.O.W. There is an existing farm road 7 ft.± in width fronting the length of the subdivision which is not entirely within the 20 ft. R.O.W. as indicated by monuments found. Recommendations: 1. Do the necessary clearing and grading to provide for a road width of ]5 ft. within the 20 ft. R.O.W.'s. Continue the offset R.O.W. 30 ft. westerly. Curve the road at the intersection with the Baxter R.O.W. so that emergency vehicles can negotiate the turn. The length of the road in the offset R.O.W. at ~50 L.F. would give access to the easterly, now No. 2 lot. 2o The access road to be improved in either of the following methods: (a) Surfaced with a minimum depth of four (4) inches of compacted 3/4" stone blend to accomodate emergency vehicles. The stone blend may be placed on the ground surface and shaped, or the surface may be excavated to permit the application of the compacted blend to a depth of four (4) inches; or (b) Remove topsoil to a depth of eight (8) inches and then filled with ~ eight (8) inches of bankrun sand and gravel. Gravel to be 20%. The surface to be covered with two (2) inches of the compacted stone blend. 3. There does not appear to be any drainage problems provided most of the wooded areas in the lots are left intact. Emergency vehicles will have to turn via driveways. Note: The Baxter R.O.W. road from Bridge Lane to the above R.O.W.'s has developed some potholes since it was improved a few years ago. John W. Davis BEN KINZLER 1985 June 6, 1985 MR. BENNETT ORLOWSKI Chairman of the Planning Board Town of Southold Main Road Southold, New York 11971 Dear Mr. Re: Orlowski: D'Urso and Kaufer with Baxter Private Road, Cutchogue, New York Please be advised that this office represents Messrs. D'Urso and Kaufer with respect to their purchase of property from Robin Raeburn as above captioned and the right-of-way agreement with Mr. Baxter. We wish to inform you that the January 1980 decision of the Zoning Board with reference to the acquisition of the Baxter right-of-way has been complied with. However, it is indicated in said agreement that we need Planning Board approval. Would you so indicate to us in the way of a letter what your requirements are so that we may obtain the necessary approval from your board. A prompt response to the request herein would be greatly appreciated. BK/SA Very t~u~y yours, BEN KINZLER y ~1~ IS)SI# &. PJ~, ~ reside. ~ ~06 ~an Carlo, resides at 11 Bedford Avenue, Bockviile York 11500 .[. ~? ~ p~ d Sm uocead I.,1. Thousand So~ nu/lOO*e ($265,000.00) ...... .- .................... **dlmlslbdb- at CutchOgue, Town o! Semibold, County of State of ~ York. de~ri~ es fo11~8 that ~rteLn plot, pL~ or ~r~ of la~, with t~ ~Ltdlngo inpr~flts t~r~n er~t~, sit~te, ly~ ~ ~ing ~Zd, ~Y of Suffolk, State of b York ~i~ ~re a~ de~r~ as foxiest , su-j--- r----- klm line of two rights of ~Y now or formerly of 9o ; I~I~G ~ north 4S degrees I1 minutes 20 seconds ~st along or formerly of Bokinu, 375 Bore or lals feet to the ordinary high 1mt, er; o! Long Island Soundf . .~ ~CE easterly elor~ tb~ ordirdry high w~ter eerk el Lon~ Island 210 more or les. feetj TJlE~CE South 44 degrees 29 ~inutee '40 8~onds east0 360 Inet. or les. feet to lands nov or formerly of Boklna~ T~;~CE South 70 degree, 20 ninutes l0 seconds ~et, 196.7~ feet along flow or fuze, Fly of Bokina to the ~oint or pi,ce Of SE~II~.IIH~ . .~ ~O~ETHEIt with the following perpetual rights of way and easements shall be appurtenant to the ,ubS,ct precise, and run with the lendt (a) ~ho rights of way a~l easement, deqcribed in died, recorded at the ~uffolk county Clerk'. Office at Liber 5649 Cp 177 and Liber 7259 Cp 3~1~ (b) thO rights of way and ea.ecu~nt, in the deed recOrded at the Suffolk County Cl(.rk*, Office at Liber 7658 Cp 202 and* (c) the right of way s~d easement to in.tall electric telephone and other utilities al,hq a~d in the utility ,erviee running to the pre, lees to the w~ut and runnin~ acro,e ted ~hioct pre,nisei to the pr,al.es to the em.t, provided the party Of tho ,posed part, her ,ucces~Ora and al, lee., install their own meter, pay tM cost and expun,e of such tap in, and obtain necessary approvalu.fro~ the utility ccxapany · ::.I~.;E~. to a~ ,~-c.mPnt five (5! feet in width cantered On existing utility Eontholcl, N.Y. 11971 January lZ~, 1980 I ETLHPIIONt~ Board o£ Appeals Tow~ Hsll Sou'~oq ?~ New York 11971 It is the consensus o£ the Southold To~ Planning Board that the Murphy-Raeburn minor subdivision o£ property use the Baxter t'~,~e~ty £oo-~ s~rip £or a distance'o£ approximately 200 £eet to go psst 'tho barns a~d house. At this juncture the righ~t-o£-way ~'or the Murp~y-Raeb~rn subdivision will continue on its own indicated sixteen £ee-~ noel in co~mmon use with the Ba×ter Proper-~ies, inc. subdivision. This recommendation is contingen~t upon ~a~itte~ consen-t o£ Ba~'~er Properties, Inc. Yours truly, H~NRY E. ~&YNOR, JR., CHAIRMA!,[ SOUTHOLD T0¥~ PLANNING BOARD By Muriel Totman, Secre%ary Copy 'to George Stsnkevich, Esq. George Stankevich, Esq. -2- December 5, 1979 Access to the beach for Lots 2 and 3 shall be restricted to a single access structure located on or near the common property line between the two lots. The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. Yours truly, Muriel Tolman, Secretary Southold Town Planning Board Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (616) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERT J, DOUGLASS~ Acting Chairman December 13, 1979 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Raeburn, Robin A. Appeal No. 2609 Murphy, Mary Elizabeth Right-of-Way off Bridge Lane Extension, Cutchogue Dear Sirs: An application is currently before the Board of Appeals for approval of access on a right-of-way located off Bridge Lane Extension and Oregon Road, Cutchogue, for waterfront property owned by Robin A. Raeburn and Mary Elizabeth Murphy, and for which we understand a minor sub- division was granted by your Board. c~', ~o~z~ As you probably know, the property owners have an unusual situation, wherein the subject right-of-way is encroached by a house and barn; and the Board of Appeals respectfully asks your input and recommendations to assist in rectifying this matter, as well as your opinion of the following two alternatives for this access: (1) Could a favorable consideration be anticipated from the Planning Board to allow Raeburn and Murphy t~ use the Baxter Properties' right-of-way only as far as the barn and house, and then cross back over onto the Raeburn and Murphy right-of-way? This would be for approximately 200 feet from Oregon Road. (2) Could a favorable consideration be anticipated from the Planning Board to allow Raeburn and Murphy the use of approximately six feet in width to any length of the Baxter Properties' right-of-way as may Me deemed appropriate? Southold Town Planning Board Page 2 December 13, 1979 Re: Raeburn and Murphy Appeal No. 2609 The next meeting of the Board of Appeals is scheduled for December 27th. Any reply you would give by that date will be greatly appreciated. Sincerely yours, Linda F. Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING LEE: £. KOPPELMAN DIRECTOR OF PLANNING November 15, 1979 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board M~in Road Southold, N.Y. 11971 Re: Map of Minor Subdivision - Robin A. Raeburn & Mary Elizabeth Murphy Approximately 1,035 feet northwesterly of the intersection of Bridge Lane and Oregon Road, Cutchogue, New York. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on November 14, 1979, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Robin A. Raeburn & Mary Elizabeth Murphy", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following 6 conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Long Island Sound: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 6. Access to the beach for Lots 2 and 3 shall be restricted to a single access structure located on or near the common property line between the two lots. Mr. Henry E. Raynor, Jr. - 2 - November 15, 1979 The Commission also offers the following comment on the map for your use and consideration: The proposed layout of the rights-of-way at Lot 2 will make the maneuvering of a car seeking access to Lot 3 difficult, if not impossible, without encroaching on lands outside of the rights-of-way. The present layout also precludes the use of the rights-of-way by emergency vehicles at this location. Therefore, the right- of-way within Lot 2 should be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to the other. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-79-13 CGL:jk Encl.: Map ~EORGE C. ~TAN~EVICH ATTORNEY AT LAW Pebruary 23, 1979 Hrs. Muriel Brush, Secretary Southold To~n Planning Board Southold Torn Hall Hain Road Southold, Nev York 11971 Re: Murphy/Raeburn Application for Minor Subdivision Dear Mrs. Brush: A partition proceeding was held concerning the subject property in Trial Term, Parc III of the Supreme Court Iasc s~m~er. After much litigation, a Stipulation was entered, dividing this property of two [2] parcels into three [3] parcels. The Stipulation was confirmed by Court order. Since this Court-ordered division appears Co be a subdivision under Southold Code §A106-13, enclosed please find the follo~ing: (a) Application for approval of minor subdivision. (b) Six [6] preliminary plat maps. (c) A $30.00 check in payment of your fees. (d) Copy of Stipulation of August 16, 1978. (d) Certified Settlement Order confirming the Stipulation. Thank you for your cooparation reg~ding this matter. George C.~Stankevich GcS/hg Enclosures cc: Ms. Hary Murphy Hs. Robin Raeburn HENRY E RAYNOR. Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. Southold. N.Y. 11971 December 18, 1979 TELEPHONE 765- 1938 Board of Appeals Town Hall Southold, New York 11971 Gentlemen: The Southold Town Planning Board is in receipt of your letter of December 13, 1979 in regard to the right-of-way off B~idge Lane Extension to the property of Murphy, Raeburn. The Board acted at a regular meeting held December 17, 1979 to deny both options until such time as there is information from Baxter Properties that they are willing to go along with either of these two options or some other proposal. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR, ,Ir.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, .Ir. GEORGE RITCHIE LATHAM. Jr, Southold, N.Y, 11971 November 29, 1979 TELEPHONE 765-1938 George St_ankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held November 14, 1979. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on October 18, 1979 at 9:00 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of Robin A. Raeburn and Mary Elizabeth Murphy for approval of said subdivision Plat prepared by Roderick Van Tuyl, P.C. and dated September 26, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Consideration of the Southold Town Planning Board of conditions of the Suffolk County Plarming Commission, any. if I-IENR¥ E RAYNOR. Jr.. CI;airman FREDERICK E GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 November 29, 1979 TELEPHONE 765-1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held November 14, 1979. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on October 18, 1979 at 9:00 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of Robin A. Raeburn and Mary Elizabeth Murphy for approval of said subdivision Plat prepared by Roderick Van Tuyl, P.C. and dated September 26, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Consideration of the Southold Town Planning Board of conditions of the Suffolk County Planning Commission, if any. ?/ 'x ,_ ¢ SUPREME COURT OF THE STATE OF NES~ YORK ~OUNTY OF SUFFOLK ROBIN A. RAEBURN, Plaintiff : against - :~ : MARY ELIZABETH MURP~f, : Defendant : ~ARY ELIZABETH MURPRY, : Plaintiff : - against - ROBIN A. RAEBURN~ Defendant Ind. #76-9212 Ind. #7702015.8. IBEFORE: HON. PAIrL J. HaJppauge, New York August 16, 1978 BAISLEY, Justice and agreed by and between the parties to the above actions and their respective attorneys that the same shall be settled as follows: (1) The survey dated November 3, 1972, made by Roderick Van Tuyl shall be marked :as Exhibit X amd annex to this stipulation, and the easterly lot designated Lot Num,,er C, having approximate dimensions 155 plus-min feet on Long Island Sound, 150 feet on a right-of-way, 313 feet on the easterly side, and 330 feet on the westerly side, shall be deeded by the parties solely to and in the n~me of Mary Elizabeth Murphy, together with the following rights-of-way: (A) A right-of-way appurtenant to the premises which are more particularly described in the deed recorded at the Suffolk County Clerk's office at Liber 5648, cp 177; and (B) a right-of way designated in the deed recorded at the Suffolk County Clerk's office at Liber 7658, Page 202; and (C) a right-of-way and utility easement to bring electric and telephone service into =he subject premises from the North Road, and the right to use the existing service as ins=ailed through property located to the west, with the provision that Mary Elizabeth Murphy or her successors and assigns would have to pay for any additional installation of meters or Lilco tap-in expenses. (2) The westerly lots sho%m as Lots A and B on the subject survey, and which represent the balance of the property subject to litigattbn, shall be deeded by the parties to Robin A. Raeburn, subject to the rights-of way mentioned above. (3) The conveyences mentioned above shall be free and clear without any encumbrances, judgements, or other impediments of title, except a $outhold Savings Bank mortgage with a face value of $60,000, on which there is an approximate balance of $57,000. (4) Robin A. Raeburn assumes the full payment of the subject Southold Savings Bank mortgage and shall hold Mary Elizabeth Murphy harmless against same. (5) Robin A. Raeburn shall pay Mary Elizabeth Murphy $2,500. (6) Robin A. Raeburn shall apply for and pay for all Town of Southold approvals necessary to approve the division herein provided for. Robin A. Raeburn shall select to undertake the attorney and surveyor and planners such, and shall be responsible and pay their fees, including any litigation expenses or fees. Both parties shall sign all necessary documents and applications to facilitate the above. Both attorneys shall be given irrevocable powers of attorney to execute such documents in the absence of their clients. If necessary approvals are unobtainabl~ or litigation is adverse to the parties, then the parties shall be returned to their original position, and this stipulation shall be null and void. (7) The parties shall return to this court at 2:00 p.m. August 17, 1978, in order to execute necessary deeds, powers of attorney, and mW~e payments herein provided for. (8) These actions shall be discontinued with prejudice but without costs, disbursements, or attorneys~: fees being assessed against any party. (9) The parties agree that the value of the lot deeded to Mary Elizabeth Murphy ia $60,000. (lO) In the event of default, parties have the right to return to this Court to obtain an enforcement decree or order. (ll) The parties~agree to execute all documents necessary to effectuate this stipulation. At a trial term, Part III of the Supreme Court of the State of New York, held in and for the County'of Suffolk at Veterans ~4emorial Highway, Haupl~auge, New York 117~7, on the/~/~.-day of August, 197~. ~/' PRESENT : HON. PAUL J. BAISLEY Justice SUPRE~ME COURT OF THE STATE OF NEW COUNTY OF SUFFOLK ROBIN A. RAEBU~N, Plaintiff, -against- MARY ELIZABETH MURPHY, Defendant. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK MARY ELIZABETH MURPHY, INDEX #76-9212 ACTION 91 SE~.~L., ~NT ORDER . -against- ROBIN A. RAEBURN, Plaintiff, INDEX #77-20158~' ACTION #2 Defendant. The issues in the above entitled actions having duly Come on for trial before Mr. Justice Paul J. Baisley, without a jury, at a trial term, Part III, of this Court held at the Courthouse thereof, located at Veterans Memorial !{iqhway, Hauppauge, New York 11787, on the 10th, llth, and ]2th days of July, 1978, and ROBIN A. .RAEB(RN having.appeared by her attorney, George C. Stankevich, Esq., and MARY ELIZABETH HURPitY having appeared by her attorney, Ric~ard J. ~rickwedde, Esqo who with- drew from representing said client with permission of the Court, and Edgar Hills, Esq. having appeared and having been substituted as attorney for MARY ELIZABETH MURPHY, and the parties and their attorneys havin~ a~pear~d in ~Den Court on ~uqust~ ]6, ~q7q at that said time and place having entered ~nto a Stipulation of Settlement on the record, NOW, on motion of George C. Stankevich, Esq., attorney for ROBIN A~ RAEBURN, it is ,/ ORDERED, that this action is settled and discontinued with prejudice but without co:~ts, disbursements, interest, or attorneys Cowd ~ ~ic, n,o fees being assessed against any party~Y~u~/r~l/O ~ II . I GRANTED AU(; 1'1' 1978 AHIHUR ii. FELIOIr C e,k of ~uffolk County COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK l, ARTHUR j. FELICE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the officeannexed~'~lt h~the original .(~).. ~...~. · ' ........................................... ED in my '"~__ e ~"~-~'"'"'~'"'~' f""l'"'~..~..~. ........ and, that the same is atr copy thereof, and of the whole of such original, ue In Testimony Whereof, I have hereu~.to set my hand and affixed the seal of said County and Court t~s~ e~'//~'~='[%3)~";~'"~' ~'"~ ('~' ~ uo,~ ,o. ,a~ ........ ~~~ ...... Clerk. ~ J2402 ENTER J: ,'% ? ' IIgN. PAUL q. ~A-ISLEY, ~.q.C. George Stankevich, Esq. Page T~o e Approval by the Southold Town Board of Appeals of adequate access to the property. Continuance of the right-of-way for 150 feet through lot 3. I am enclosing the correspondence from the Suffolk County ~lanning Commission. The Board will review this matter on December 3, 1979. Yours truly, Enclosure Muriel Tolman, Secretary Southold Town Planning Board HENRY E. RAYNOR, Jr.. Chairmsn FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 December 5, 1979 TELEPHONE - 765- 1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held December 3, 1979o RESOLVED to accept the following recommendations and conditions of the Suffolk County Planning Department as pertains to the map of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy and direct that they be placed on the map: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. Re No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. Clearing and cutting of vegetationwithin 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. e Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Southold. N.Y. 11971 HENRY E. RAYNOR. Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKL Jr. GEORGE RITCHIE LATHAM, Jr. NEGATIVE DECLARATION Date: October 29, 1979 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy is a three-lot minor subdivision of 3.6 acres located at Cutchogue. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effeots to the environment were likely to occur should the project be implemented as planned. The New York State Department of Environmental Conservation has stated that state jurisdiction ends at the top of the bluff. The Suffolk County Department of Health Services has not replied in the allotted time indicating that there is no objection from that department. The project will meet all requirement~ of the Code of the Town of Southold Subdivision of L~nd regulations. Further information oan be obtained by contacting Miss Muriel Tolman, Seoretary, Southold Town Planning Board, Town Hall, Southold, New York 11971. Copies to Commissioner Robert Flacke, DEC DEC at Stony Brook Suffolk County Planning Commission Suffolk County Dept. of Health Services Supervisor James F. Homan, Building Inspector, Bulletin Board New York State Department of Environmental Conservation Regu/atory Affairs Bldg. 40, SUNY - Roc~n 219 Stony Brook, NY 11794 (516) 751-7900 October 22, 1979 Commissioner Robert F. Flacke Henry E. Raynor, Jr., Chairman Town of Southampton Main Road PlanningBoard Southold, NY 11791 With respect to the proposed minor subdivision of Raeburn & Murphy at Cutchogue, fronting on the Long Island Sound, the state has no objection. Though the state Jurisdiction ends at the top of the bluff, review of proposed projects on th~=_se parcels by other agencies should oonsider that r~moval of vegetation, the additional weight of fill, structures and construc- tion machinery near the edge would reduce the stability of the bluff and increase erosion. Approvmls for such activities should stipulate a reasonable setback from the bluff. RNT/cr Very truly yours, Robert N. Thurber Environmental Analyst COUNTY OF SUFF~O~LK DEPARTMENT OFHEALTHSERVICES DAVID HARRIS, M.D., M.P.H, October 18, 1979 Mr. Henry E. Raynor, Jr., Chaiman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision of Robin A. Rae- burn & Mary Elizabeth Murphy, Cutchogue, (T) Southold Dear Mr. Raj, nor: We are in receipt of your letter dated October 10, 1979. A precursory review of the above referenced project indicates condi- tions are suitable for individual sewage systems and water supply facili- ties. Very truly yours, Royal R. Reynolds, P.E. Assistant Public Health Engineer General Engineering Services RRR:cah COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ? ss: ........ Joax~ .~ata~voDn ............. being duly Sworn, s~ys that . .aha... is Printer and Publishe~ of ~e SUFFOLK W~KLY TIMES, a news~per pubBsh~ ~ Gr~n~rt, in said county; and ~ the noti~, of which ~e ~e~ is a print~ ~py, ~s ~en published in ~e ~d Suf~lk W~k~ Times ~nce' in each w~k, ~r .~ne w~ks ~ ..... ~'~h ........ suc~ssiwly ~mmencin~ on ~e .......................... d~ of October 19 79 ~ o, ...~~.. '~.~.~, .... .. N~A~ PI~, State of New Yo~ LEGAl, NO~t ,yE Notice of Hearings Notice is hereby given that pursuant to Sectiun 276 of the Town Law, Public Hearings will be held by the Southold Towr luSg Board al the Tow all, Main Road, South- old, New York, in said town on the 18th day of October, 1979 on the question of the follow- ing: 7:30 p.m. Approval of the minor subdivision of property of the George H. Wells Estate situate, lying and boin~ at Peconic, in thc Town of South old, County of Suffolk and State of New York, bounded and described as follows: Beginning at a monument set at a point ~f deflection in the easterlv line of Wells Road adjoining Ihnd of Zaneski, said t9 59 10 monument being S ° ~ " E. 897.49 feet from ~he south erlv linc of Main Road; run- nir~g thence along said land of Zaneski and along land of Krukowski S 19° 59' 1(1" E. 205 feet, more or less, to the center of the meadow: tbenee4. along said center of the meadow adjoining land of said Krukowski southeasterly 200 feel more or less, to ordinary high water mark of Richmond Creek: thence southerly along said high water mark, 1700 feet. more or less, to land of Condit: thence along said land S 84° 56' 50" W. 194 feet, more or less, to the easterly line of Wells Road: thence along said easterly line three courses: (11 N. 5° 03' I0" W. 312.37 feet; thence (2) N. 17° 37' 00" W. 53744 feet: thence (31 N. 5° 15' 30" E 974.58 feet tc of beginning. Cont acres, more or less. 8:00 p.m Apprm minor subdivision o of Alice F Millike lying and being a Island, in the Town old, County of Su State of New York and described as roi Beginning at a mm on the southeasterl: road, said monum~ located 76935 feet ~ point which is 2691 6: S. 48° 54' 30" W. 86.31 feet; S. 9' 46' 10" E. 40,84 feet; N. 87' 22' 00" W. 99.66 feet; S. 86' 41' 20" W. 118.33 feet; N. 71° 26' 40" W. 63.72 feet; N. 79° 16' 10" W. 55.54 feet; N. 64° 32' 50" W. 74.04 feet; N. 36° 42' 30" W. 148.20 feet and N. 54° 0o' 20" W. 89.27 feet; thence N. 61° 14' 00" E. 79.80 feet to an iron pipe; thence N. 63° 22' 10" W. 109.46 feet to an iron pipe; thence N. 30° 42' 50" W. 102.71 feet; thence N. 20° 14' 40" W. 129.11 feet to a point of curve to the right having a radius of 26,94 feet and the direction of whose radius at that point is N. 56° 30' 00" E.: thence northeastwardly following the are of said curve 47.74 feet to the southeasterly line of the road to the East End at a point of curve to the left having a radios of 313.00 feet and the direction of whose radios at that point is N. 21° 57' 30" W.; thence northeastwardly along said road line and following the arc of said curve 86.76 feet; tbenee N. 52° 00' 40" E. 200.25 feet to an iron pipe at a point of curve to the right having a radius of 284.37 feet and the direction of whose radius at that point is S. 37' 50' 20" E.; thence northeastward- ly following the arc of said curve 163.51 feet; thence N. 85' 06' 20" E. 92.00 feet to the monument at the point of beginning, these last three lines running by and along said road line. Containing 8.61 acres, more or less. 9:30 p.m. Approval of the minor subdivision of property of James M. O'Connell and Suffolk and State of New York, bounded and described as fol- lows: Beginning at a point on the northerly side of Main Road where the same is intersected by the most southerly corner of the parcel about to be described; thence running N. 34° 14' 40" W. a distance of 133.0 feet to a point; thence running N. 43° 47' 40" W. a distance of 77.0 feet to a point; thence running S. 49° 18' 40" W. 75.0 feet to a point; thence running N. 26* 44' 10" W. a distance of 215.37 feet to a point on the southeasterly line of land now or formerly of the Long Island Railroad; thence N. 44* 43' 50" E. along the southeasterly line of land now or formerly of the Long Island Railroad a distance of 1272.92 feet to a point; thence S. 23* 19' 50" E. a distance of 259.53 feet to a point; thence S. 65° 05' W. a distance of 170.03 feet toa point; tbence S. 60° 24' 30" W. a distance of 246.40 feet to a point; thence S. 58° 32' W. a distance of 252.21 feet to a point; thence S. 23° 03' E. a distance of 258.92 feet to a point; thence S. 52° 01' 20" W. a distance of 197 feet to a point; thence S. 23° 03' E. a distance of 186.37 feet to a point on the northerly side of Main Road; thence S. 52° 01' 20" W. a distance of 155.28 feet along the northerly side of Main Road to a point; thence S. 51° 55' 20" W. continuing along the northerly side of Main Road a distance of 37.72 feet to the point or place of beginning. Containing 6.429 acres, more or less. of Robin A. Raeburn and Mary Elizabeth Murphy situate, lying and being at Cutchogue, in the Town of Southold, Coun- ty of Suffolk and State of New York, bounded and described as follows: Beginning at a concrete monument set at the south- westerly corner of the prem- ises and the intersection of the northerly line and the easterly line of two rights-of-way now or formerly of Bokina; run- ning thence N. 45° 11' 20" W. along lands now or formerly of Bokina 375 feet, more or less, to the high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound 520 feet, more or less, to lands now or formerly of Parr; thence S. 44° 29' 40" E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right-of-way; thence running the following two courses and distances along the northerly line of a 2O foot right-or-way: (11 S. 70° 16' 10" W, 247.70 feet; (2) S. 70* 20' 10" W. 259.0~ feet to the point or place of beginning. Containing 3.6 Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: October 5, 1979 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN 1T011-3303 LEGAL NOT1CE Notice of Hearings Notice is hereby given thcS: pursuant to Section 276 of the Town Law, Public Hearings will be held by the Southo;d Town Planning Board at the Town Hall, Main Road, South- old, New York, in said town on the 18th day of October, 1979 on the question of the follow- ing: 7:30 p.m. Approval of the minor subdivision of property of the George H. Wells Estate situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a monument set at a point of deflection in the easterly line of Wells Road adjoining land of Zaneski, said monument being S. 10° St)' 10" E. 897.49 feet from the southerly line of Main Road; running thence along said land of Zaneski and along land of Krukowski S. 19° $9' 10" E. 20S feet, more or less, to the center of the meadow; thence along said center of the meadow adjoining land of said Krukowski southeasterly 200 feet, more or less, to ordinary high water mark of Richmond Creek; thence southerly along said high water mark, 1700 feet, more or less, to land of Condit, the~xce along said land S. 84° SO' $0" W. 194 feet, more or less, to the easterly line of Wells Road; thence along said easterly line three courses: (1) N. S° 03' 10" W. 312.37 feet; thence (2) N. 17° 37' 00" W. S37.44 feet; thence (3) N. $o 1S' 30" E. 974.S8 feet to the point of beginning. Containing 8.1 acres, more or less. 8:00 p.m. Approval of the minor subdivision of property of Alice F. Milliken situate, lying and being at Fishers Island, in the Town of South- old, County of Suffolk and State of New York, bounded and described as follows: Beginning at a monument set on th~ southeasterly line of a road, ~aid monument being located ~69.35 feet north of a point which is 2691.68 feet east of a monument marking the U.S. Coast Guard and Geodetic Survey Triangulation Station "Chocomount 2" and thence running south 204.04 feet; thence S. 28° 00' 00" E. 246 feet; thence S. 48° 13' 30" E. 261 feet to a monument at a road; thence S. 10° 08' SO" E. 58.9'~ feet partly al~,,~ tho COUNTY OF SUFFOLK ~.~-A-?E OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count~; and that the notice of which the annexed is a printed copy, ~-as been published in raid Long Island Traveler-Watch- man once each week for ............ /. .......................... weeks // ~uccessively, commencing on the ........................................ Sworn to before me th~ /~'~ .. day ~ .............. Notary Public //:30 p.m, ~ppwval of the minor subdivision of property of James M. O'Connell and Philomena Liz~a situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the northerly side of Main Road where the same is intersected by the most southerly corner of the parcel about to be des- cribed; thence running N. 34° 14' 40" W. a distance of 133.0 feet to a point; thence running N. 43° 47' 40" W. a distance of 77.0 feet to a point; thence running S. 49° 18' 40" W. 75.0 feet to a point; thence running N. 26° 44' 10" W. a distance of 215.37 feet to a point on the southeasterly line of land now or formerly of the Long Island Railroad; thence N. 44° 43' 50" E. along the southeasterly line of land now or formerly of the Long Island Railroad a distance of 1272.92 feet to a point; thence S. 23° 19' 50" E. a distance of 259.53 feet to a point; thence S. 65° 05' W. a distance of 170.03 feet to a point; thence S. 60° 24' 30" W. a distance of 246.40 feet to a point; thence S. 58° 32' W. a distance of 252.21 feet to a point; thence S. 23° 03' E. a distance of 258.92 feet to a pointl thence S. 52° 01' 20" W. a distance of 197 feet to a point} thence S. 23° 03' E. a distance of 186.37 feet to a point on the northerly side of Main Road; thence S. 52° 01' 20" W. a distance of 155.28 feet along the northerly side of Main Road to a point; thence S. 51° 55' 20" W. continuing along the northerly side of Main Road a distance of 37.72 feet to the point or place of beginning. Containing 6.429 acres, more or less. ~ 9:00 p.m. Approval of the minor subdivision or prepeccy of Robin A. Raeburn and Mary Elizabeth Murphy situate, ly- ing and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a concrete monument set at the south- westerly corner of the pre- mises and the intersection of the northerly line and the easterly line of two rights-of- way now or formerly of Bolina; running thence bi. 45° 11' 20" W. along lands now or former- ly of Bokina 375 feet, more or less, to lands now or formerly of Parr; thence S. 44° 29' 40" E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right-of-way; thence run- ning the following two courses and distances along the north- eriy line of a 20 foot right-of- way: (1) S. 70° 16' 10" W. 247.70 feet; (2) S. 70° 20' 10" W. 259.08 feet to the point or place of beginning. Containing 3.6 acres, more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: October 5, 1979 BY ORDER OF T~I~ gOUTHOLD TOWN west c~ff~6f gat~oad io~ i~on pipe at thc shore of a pond; thence following thc meanders ot' said shore line S. 51° 52' S0" W. 90.72 feet; S. 48° 54' 30" W, 86.31 feet. S. 9° 46' 10" E. 40.84 feet: N. 87° 22' 00" W. 99.66 feet; S. 86° 41' 20" W. 118.33 feet; N. 71° 26' 40" W. 63.72 feet; N. 79° 16' 10" W. SS.S4 feet; N. 64° 32' $0" W. 74.04 feet; N. 36° 42' 30" W. 148.20 feet and N. S4° 09' 20" W. 89.27 feet; thence N. 61° 14' 00" E. 79.80 feet to an iron pipe; thence N. 63° 22' 10" W. 109.46 feet to an iron pi~e; thence N. 30° 42' 50" W. 102.71 feet; thence N. 20° 14' 40" W. 129.11 feet to a point of curve to the right having a radius of 26.94 feet and the direction of whose radius at that point is N. 56° 30' 00" E.; ~hence northeastwardly follow- ing the arc of said curve 47.74 feet to the southeasterly line of the road to the East End at a point of curve to the left having a radius of 313.09 feet and the direction of whose radius at that point is N. 21° S7' 30" W.; thence north- eastwardly along said road line and following the arc of said curve 86.76 feet; thence N. 52° 09' 40" E. 209.25 feet to an iron pipe at a point of curve to the right having a radius of 284.37 feet and the direction of whose radius at that point is S. 37° SO' 20" E.; thence north- eastwardly following the arc of said curve 163.51 feet; thence N. 85° 06' 20" E. 92.00 feet to the monument at the point of beginning, these last " lines running bv said road lin~ P D HENRY E RAYNOR, Jr., Chairman FREDERICK E GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 October 10, 1979 TELEPHONE 765- 1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following actions were taken by the Southold Town Planning Board at a regular meeting held October l, 1979. RESOLVED to approve the sketch map of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, said map dated September 26, 1979, subject to a dotted line being shown for 150 feet through the interior of Lot #3. RESOLVED to set 9:00 p.m., Thursday, October 18, 1979 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy located at Cutehogue, New York. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of property of Robin A. Raeburn and Mary Elizabeth Murphy. Yours truly, Muriel Tolman, Secretary Southold Town Planning Board LEGAL NOTICE Notice of Hearings Notice is hereby given that pursuant to Section 276 of the Tow~ Law, Public Hearings will be held by the Southold Town Planning Boa~ at the Town Hall, Main Road, Southold, New York, in said town on th~ 18th day of October, 1979 on the question of the following: 7:30 p.m. Approval of the minor subdivision of property of th~ George H. Wells Estate situate, lying and being at Peconic, in the Town of Southold, County of Suffolk aud State of New York, bounded ~ described as follows: Beginning at a monument set at a point of deflection in the ea~ line of Wells Road adjoining land of Zaneski, said monument being S. 19° 59' 10" E. 897.49 feet from the southerly line of Main Road; running thence along said land of Zaneski and along land of Krukows~ S. 19° 59' 10" E. 205 feet, more or less, to the center of the meade thence along said center of the meadow adjoining land of said Kruko~ southeasterly 200 feet, more or less, to ordinary high water mark oi Richmond Creek; thence southerly along said high water mark, 1700 fc more or less, to land of Condit; thence along said land S. 84° 56' 5 W. 194 feet, more or less, to the easterly line of Wells Road; thenc along said easterly line three courses: (1) N. 5° 03' 10" W. 312.37 feet; thence (2) N. 17° 37' 00" W. 537.44 feet; thence (3) N. 5° 15' 30" E. 974.58 feet to the point of beginning. Containing 8.1 acres, more or less. 8:00 p.m. Approval of the minor subdivision of property of Alice F. Milliken situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, bounded a described as follows: Beginning at a monument set on the southeasterly line of a road said monument being located 769.35 feet north of a point which is 2691.68 feet east of a monument marking the U. S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" and thence running south 204.04 feet; thence S. 28~ 00' 00" E. 246 feet; thence S. ~8° 13' 30 E. 261 feet to a monument at a road; thence S. lO° 08' 50" E. 58.92 feet partly along the west end of said road to an iron pipe at the shore of a pond; thence following the meanders of said shore line -2- S. 51° 52' 50" W. 90.72 feet; S. 48° 54' 30" W. 86.31 feet; S. 9° 46' 10" E. 40.84 feet; N. 87° 22' 00" W. 99.66 feet; S. 86° 41' 20" W. 118.33 feet; N. 71° 26' 40" W. 63.72 feet; N. 79° 16' 10" W. 55.54 feet; N. 64° 32' 50" W. 74.04 feet; N. 36° 42' 30" W. 148.20 feet and N. 54° 09' 20" W. 89.27 feet; thence N. 61° 14' 00" E. 79.80 feet to an iron pipe; thence N. 63° 22' 10" W. 109.46 feet to au iron pipe; thence N. 30° 42' 50" W. 102.71 feet; thence N. 20° 14' 40" W. 129.11 feet to a point of curve to the right having a radius of 26.94 feet and the direction of whose radius at that point is N. 56° 30' 00" E.; thence northeastwardly following the arc of said curve 47.74 feet to the southeasterly line of the road to the East End at a point of curve to the left having a radius of 313.09 feet and the direction of whose radius at that point is N. 21° 57' 30" W.; thence northeastwardly along said road line and following the arc of said curve 86.76 feet; thence N. 52° 09' 40" E. 209.25 feet to an iron pipe at a point of curve to the right having a radius of 284.37 feet and the direction of whose radius at that point is S. 37° 50' 20" E.; thence northeastwardly following the arc of said curve 163.51 feet; thence N. 85° 06' 20" E. 92.00 feet to the monument at the point of beginning, th~se last three lines running by and along said road line. Containing 8.61 acres, more or less. 8:30 p.m. Approval of the minor subdivision of property of James M. 0'Connell and Philomena Lizza situate,lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the northerly side of Main Road where the same is intersected by the most southerly corner of the parcel about to be described; thence running N. 34° feet to a point; thence running N. 43° feet to a point; thence running S. 49° point; thence r~nning N. 26° 44' 10" W. 14' 40" W. a distance of 133.0 47' 40" W. a distance of 77.0 18' 40" W. 75.0 feet to a a distance of 215.37 feet to a point on the southeasterly line of land now or formerly of the Long Island Railroad; thence N. 44° 43' 50" E. along the southeasterly line of land now or formerly of the Long Island Railroad a distance of 1272.92 feet to a point; thence S. 23° 19' 50" E. a distance of 299.53 feet to a point; thence S. 65° 05' W. a distance of 170.03 feet to a -3- point; thence 23° 03' 20" W. thence S. 600 24' 30" W. a distance of 246.40 feet to a point; S. 58° 32' W. a distance of 252.21 feet to a point; thence S. E. a distance of 258.92 feet to a point; thence S. 52° 01' a distance of 197 feet to a point; thence S. 23° 03' E. a distance of 186.37 feet to a point on the northerly side of Main Road; thence S. 52° Ol' 20" W. a distance of 155.28 feet along the northerly side of Main Road to a point; thence S. 51° 55' 20" W. continuing along the northerly side of Main Road a distance of 37.72 feet to the point or place of beginning. Containing 6.429 acres, more or less. 9:00 p.m. Approval of the minor subdivision of property of Robin A. Raeburn and Mary Elizabeth Murphy situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a concrete monument set at the southwesterly corner of the premises and the intersection of the northerly line and the easterly line of two rishts-of-way now or formerly of Bokina; running thence N. 45° ll' 20" W. along lands now or formerly of Bokina 375 feet, more or less, to the high water mark of Long Island Sound; thence easterly along the high water mark of Long Island Sound 520 feet,more or less, to lands now or formerly of Parr; thenee S. 44° 29' 40" E. 330 feet, more or less, along lands now or formerly of Parr to the northerly line of a 20 foot right-of-way; thence running the follow- ing two courses and distances along the northerly line of a 20 foot right-of-way: (1) S. 70° 16' 10" W. 247.70 feet; (2) S. 70o 20' 10" W. 259.08 feet to the point or place of beginning. Containing 3.6 acres, more or less. Any person desiring to be heard on the above matters should appear at the time and place above Dated: October 5, 1979 specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, OCTOBER 11, 1979 AND FORWARD FOUR AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK 11971. HENRY E. RAYNOR, Jr., Chairman FREDERICK E GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH~E LATHAM. Jr. Southold, N.Y. 11971 October 10, 1979 TELEPHONE 765- 1938 Mr. Roy Haje Environmental Analysis Unit Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Haje: Enclosed find completed short Environmental Assessment Form and copy of map of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy located at Cutchogue, New York. This project is unlisted; other agencies may be involved but the optional coordinated procedures for designating lead agency and determining significance will not be followed. The Southold Town Planning Board wishes lead agency status (SEQRA). May we have your views on this matter. Written comments on this project will be received at this office until October 25, 1979. We shall interpret lack of response to mean there is no objection by your agency. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Enclosures Copy to Suffolk County Dept. of Health Services Suffolk County Planning Commission Southold Town Building Department HENRY E. RAYNOR, .Ir.. C~airman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, Jr. T~P DD Southold, N.Y. 11971 October 10, 1979 TELEPHONE 765- 1938 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: Name of Plat - Minor Subdivision of Robin A. Mary Elizabeth Murphy Hamlet - Cutchogue in the Town of Southold Material submitted: Raeburn and Three copies of proposed subdivision including topos. Letter from the attorney for Ms. Raeburn regarding the grading, profiles and drainage. Comments - This property has been divided by court order. Papers are on file in this office. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Enclosures CONSULT YOUR~WYER BEFORE SIGNING THIS INSTRUMENTiq~S INSTRUMENT SHOULD nE USED BY LAWYERS ONL'r THIS INDF_.NTURE, made the 14th BETWF. EN day of June , nineteen hundred and Seventy- Four BAXTER PROPERTIES, INC., a domestic corporation with office and principal place of business at (no number) Elijah's Lane, Mattituck, New York 11952 party of the first part, and MARY E. MURPHY and ROBIN A. RAEBURN, residing at (no number) Bridge Lane, Cutchogue, New York 11935, party of the second part, WrFNE.~ETI-t, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certaiu plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingzi~xht~x North of Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a cement monument set at the intersection of the easterly line of land of Harold R. Reeve, Sr., with the northerly line of laud of Vincent Bokina, said point of beginning being where the southwesterly corner of premises herein described intersects the southeasterly corner of land of Harold R. Reeve, Sr.; running thence from said point of beginning North 45© 05' 50" West along the easterly line of land of Harold R. Reeve, Sr., and through a cement monument set near the top of the bank of Long Island Sound 347 feet to the ordinary highwater mark of Long Islanc Sound; thence northeasterly along the ordinary highwater mark of Long Island Sound to land of Parr, the tie line bearing North 76° 34' 40" East a distance of 266.87 feet; thence South 44© 29: 40" East along the westerly line of land of Parr through an iron pipe set at or near the top of the bank of Long Island Sound a distance of 313 feet to an iron pipe set at the intersection of the westerly line of land of Parr with the Northerly line of land of Vincent Bokina; thence South 70© 16' 10" West along the northerly line of land of Vincent BokiDa 2~7.70 feet to the cement monument set at the point or place of beginning. TOGETHER with a right-of-way for passage on foot and with vehicles 20 feet in width standing from a point 20 feet east of tho_ point of beginning, and running westerly along the northerly side of land of Vincent Bokina adjoining land of Harold R. Reeve, Sr., and thence turning and running southerly 16 feet in width along land of Vincent Bokina to the Oregon (North) Road. TOGI:.TIII(R with all right, title and interest, if any, of tile party of the first part in and to auy streets and roads ahutting the al~,ve dcscrihcd premises to the center lines thertx~f; TOGI£TI lEi{ wkh the appurtenances and all the estate and rights of tile party of the first part in and to said premises; TO HAVF; AND TO ] lOLl) the premises herein granted unto the party et the second part, the heirs or successors and assigns of the party of the second part forever. THIS CONVEYANCE is made during the regular course of business of the grantor herefl cund does not constitute all or substantially all of the assets of said co~q~oraticn AND the party of the first part covenants that tim party of the first part has not done or suffered anything whereby the said l)remises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lieu Law, covenants that the party et Iht first part will receive the consideration for this conveyance and will hokl the right to receive such consid- eration as a trost {und to be applied first for ,r}~e purls)se of paying the cost of the itnprovement and will apply the same first to the lmyment of the cost of tfie improvement before using any part of the total of the sa. me for any other purpose. The word "lmrly" shall be construed as it' it read "parties" whenever the sense of this indenture so requires. IN WITNF. SS WHEREOF~ the party el' the first part has duly executed this deed the day and year first above BAXTER.PRQPERTIE~,~ INC. BY: klillZ'am~',J, t~a-~bez., Jr. Pr'e si d c: nth CONSULT ~'OUR_LAWYER E~FQR~ SIGNING THIS INSTRUMENT - THIS IN~FRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ' / '-)~day of August , nineteen hundred and seventy-eight ! BETWEEN ~RY ELIZABETH MURPHY a/k/a ~ARY E. MURPHY, residing at 50~es~_SLL1-]r~---Br-i-ve, Sgz~e, New York and ROBIN A. RAEBURN, ~residing at (No Number) Bridge Lane, Cutchogue, New York 11935, party of the first part, and ROBIN A, RAEBURN, Cutchogue, New York 11935, part)' of the second part, WITNESSETH, that the party of the first part, in consideration of residing at (No Number) Bridge Lane, ONE ($1.00) ................................................... ~ollars, lawful money of the United States, and other good and lawful consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandbeing~X~ at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at the southeasterly corner of the subject premises and the southwesterly corner of premises simultaneously conveyed to Mary Elizabeth Murphy a/k/a Mary E. Murphy, said point of beginning being 150.00 feet running South 70° 20' 10" West along the northerly line of lands now or formerly of Bokina from the southwesterly corner of lands now or formerly .of Parr, RUNNING THENCE South 70° 20' 10" West 150.00 feet along lands now or formerly of Bokina, THENCE North 44° 29' 40" iffest 360+- feet to the ordinary high water mark of Long Island Sound, THENCE in a easterly direction along the ordinary high water mark of Long Island Sound 155+- feet, THENCE South 44° 29' 40" East 350+- feet to the point or place of BEGINNING. SUBJECT TO the rights of way and easements described in a deed and conveyance simultaneously made herewith to Mary Elizabeth Murphy a/k/a Mary E. Murphy. SUBJECT TO a $60,000.00 first mortgago held by the Southold Savings Bank, 54375 Main Road, Southold, New York 11971, on which the prin- cipal balance is now $~r834.96 which Robin A. Raeburn agrees to pay and agrees to hold Mary Elizabeth Murphy a/k/a Mary E. Murphy harmless against collection. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with the land: (a) the rights of way and easements described in deeds re- corded at the Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in the deed recorded at the Suffolk County Clerk's Office at Liber 7658 page 202 and; (c) the right of way and easement to install electric telephcne and other utilities along and in the aforesaid rights of way, together with the right to tap into the existing electric utility service running to the premises to the west and running across the subject premises to the premises to the east, ,.provided the party of the second part, her successors and assigns, linstall their own. meter, Day the cost and expense of such tap in, and obtain necessary approvals from the utility company. _ I[SUBJECT ._0 an easement five (~) feet in width centered on existing utility services crossing the subject premises going to the premises ",to the east for the purpose of installation and maintenance and use lof all manner of utility services. (Said easement may be relocated ~t the direction and expense of the owner of the burdened property orovided there is no interruption of service.) / /? ? // TOG1ETHiFR with a!l rk~h!:, title and interest, if any, of the the first part in and to any t ' s.Fee s and roads aim:qng tile shove described 1)reIli[ses tO the center lines thereof, TOC, ETId{ER with the appurtenances and all the estate and rights of the party of the first part in and to sakl prcmi,x s, TO HAYE AND TO HOLD the premises herein 1.5anted unto the party of the second part, the heirs or success,~rs and assigns of 1he party of the second part forever. AND the party et the iq,st part ce,,.el~-u?~ !!~pt tie ~>,>,'t, ',f thc first pa:t lis:, not done ,~: ~!'ffere,t an3, tJang the fi~st 2art will receive the consid, ,,Cci: -r thi: ,: ~, ,t,c~ ~d ~i!~ :o1 i ;?_ ~:ght lo receive such c:,nsld written. / IN PFr~SENCE OIeA STAT~ OF NEW YOT~K, CO~JNTY 0~ SUFFOLK 5s: -On,:he./ / da~of Aug - 1978 ,beforeme ~rsanally ~me ~ARY ELIgABETH a/b/~ ~RY '~. MURPHY to me blown to be the individnal described in and who executed the forei-?fing instrument, and acknowledged that she exc~ th~ san~e.~'1 , /%{ ~.~f, ( No~'c~i'y Public - STATE OF NEW YOR~(, COUNTY OF SS: On the day of 19 , before me personally 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 corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF SUFFOLK STATE OF NEW YORK, COUNTY OF On the F oC Auc. rust 19 78, before me personally' came ROBIN A. R~BUR/~ to me known to be the individual described in and who execntcd the foregoing instrument, and acknowledged that Site ex~;uted the same. Notary PuBlic f;FORG[ C. STABI~EVICH 7 On the day of i9 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness: at the same time subscribed h name as witness thereto Bargain anll l ale Deell WITIt COVENANT AGAINST GRANTOR'S Ac~s TrFLE NO. MARY ELIZABETH MURPHY a/k/a MARY E. MURPHY and ROBIN A. RAEBURN TO ROBIN A. RAEBURN ST~DARD FORM OF NEW YORK BOARD OF TITLE I)NDERWRITER$ CHICAGO TITLE COUNTY OR'tOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to ;E CONSUY. T YOUR LAWYER BEFORE SIGNING THIS Ih'STRUME NT -THIS INSTRUMENT SHOULD [~E USED BY LAWYERS ONLY THIS INDENTURE, made the day of August , nlm, teen hundred andseventy-eight BETWEEN MARY E],IZABETi{ ~ll]!iPlIY a/k/a MARY E. MURPHY, residing at 4950 West Hills Driv~, ::]yr~cuse, New York and ROBIN A. PJLEBURN, residing at (No Number) B]-idcj.t~ Lane, Cutchogue, New York 11935, pari), of the first part, and MARY ELIZABETU MURPHY a/k/a MARY E. MURPHY, residing at 4950 West Hills Drive, Syracuse, Ne~ York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ONE ($1.00) .................................................. dollars, lawful money of the United States, and other good and lawful consideration paid by the party of the second part, does hereby grant and release unto the party of the second parf~ the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the building~ and improvements thereon erected, situate, lyingandbelngk~k~ at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southwester], corner of lands now or formerly of Parr and the northerly line of lands now or formerly of Bokina and running thence South 70° 20' 10" West 150.00 feet along lands now or formerly of Bokin~, THENCE North ~4° 29' 40" Wesf 350+- feet to the ordinary high water mark of Long Island Sound, THENCE in a easterly direction along the ordinary high water mark of Long Island Sound 155+- feet, THENCE South 44° 29' 40" East 330+- feet along lands now or formerly of Parr to the. pqint..~o'r place of BEGINNING. TOGETHER N~TH the following perpetual rights of way and easements which..shall be appurtenant to the subject premises and run with the land:~ (a) the rights of way and easements described in deeds re- corded at the Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in the deed recorded at the Suffolk County Clerk's Office at Liber 7658 page 202 and; (c) the right of way and easement to install electric telephone and other utilities along and in the aforesaid rights of way, together with the right to tap into the existing electric utility service running to the premises to the west and running across the subject premises to the premises to the east, provided the party of the second part, her successors and assigns, install their own meter, pay the cost .and expense of '~ suc~. tap in, and obtain necessary approvals frcm tho utilitl- compans~. SUBJECT TO an easement five (5') feet in width centered on existing utility services crossing the subject premises going to the premises to the east for the purpose of installation and maintenance and use of all manner of utility services. (Said easement may be relocated at the direction and expense of the owner of the burdened property provided there is no interruption of service.) TOGETHER right, tith and interest, if any, of the of the first part in and to any streets and road~ ahutting the ;thove descrH, d premises to the center lines thereof, TOGETHER with the appurtenanccs and all the est'.re and rights of the party of tht first part in and to said premises, TO HAVE Al'iD TO HOLD the premises herein granted nnto the party of the second part, the heirs or successors and assigm; of thc party of the second part forever. AND Ibc party of the first pa;t cc,.e,;:mts tint the Imr',y ol lhe Grst part tm< not (l~m,' ~r suffered al!yt!~i whereby the said premise~ have h~pn incumbered in zuy wa) ..x hatex er, e~'cept as afr)rt-~aid. AND the part2 of lhe fi~st put, m comi:liance wilh ~ccti,m 13 of the i ich I aw, covenants that the ~:arty any u~hcr purpose. 'l'l;c w,,:,! "party" shall be c~nstrued 7'? f ~ :c [t "parries" whvu{~c7 ibc sense or rid4 indenture so rtqu{ written. MARY ELIZABETIt MURPHY a/k/a MARY E. MURPHY ROBIN A. RAEBU~rhN TOGETHER jail right, title and interest, if any, of the of the first part in and to any streets and roads abuttin~ the above ,tcsc~ibed pr,'mi:;cs h) fl~c center lines flmreof, TO~ETHER wilh lhe appm'tcnanccs and all the ('state and rights of the party of the first part in and to said lu cruises, TO HAVE AND TO HOLD the premises h,,reln granted unto the party of ~e second part, the heirs or successors and assigns of tim party of the second pa~t forever. AND the party of th,' ,q,'s~ part ',~ ;i:n: !hat fi:c ~,:*zlv of the fi~st par~ ha~, nor ,lone t,, st:fitted anything whereby tile said p~cmiscs ha;,'e bccn i.(tm~bc~cd Ju :,,t.r .va,/ whatever, except as aforesaid ' AND the party of l}~t~ first pa~t, in fc, mnl: cc w;th ~k'(:~o~ 13 of the 1.ic~ Iaw c-, ~:n?~s fi~r~t the party of the first part x~ili receive the consitk,raiion ?{*r ~J:~s ccn~cv~dtce and wi[t hcdd ~hc rig~:t t{~ receive such consid- · - ~ ~1 ~ indenture so ;'t quire:;. IN WITNESS WHEREOF~ thc lmrt, of fi~e ficgt t:~ait [,as duly ?x ~cm:d ti~;s ,~ecd iht (,,,y ano year flr:~t aboxe written. MARY ELIZABETIt MUPJ?HY a/k/a bSARY E. MURPttY ROBIN A. RAEBURN STAT~ OF NEW YORK. ¢OUNTYO SUFFOLK SS: On the day of August 1978 , before me pcrson%llycame M~ARY ELIZABETH MURPttY a/k/a MARY E. MURPtIY to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public STATE OF NEW YORK, COUNTY OF SS: On the' day of 19 , before me personally came to ,ne 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 wblch execnted tbe foregoing instrument; that he knows the seal of said corporation; that the seal aff~xcd to said instrument is such corporate seal; that it was so aflhxed by order of the board of directors of said corpora- tion, and that he sigmed h name thereto by like order. STATE OF N(~I~ORK, COUNTY OF On the day of August )ersonally came ROBIN A. RAEBURN to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that sba executed the same. Notary Public SUFFOLK SS: 19 78, beforeme STATE OF NEW YORK, COUNTY OF $$: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly s~vorn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness tbereto. Bargain anll 15ale tteell WiTFI COVENANT ACAINSI' GR~NTOR'S ACTS TITLE NO. MARY ELIZABETH MURPHY a/k/a IVlARY E. MURPHY and ROBIN A. RAEBURN, TO MARY ELIZABETH MURPHY a/k/a MARY E. MURPHY STANDARD FORM OF NEW YORK BOARD OF TITLE UNOERWRITER$ Distributed by ][ 1~ ~'~JI~,~.I~T ~ ~ C4~1 SECTION BLOCK COUNTY OR TOWN Recorded at Request o{ CHICAGO TI~ILE INSURANCE COMPANY Return by Mail to Zip No. '.~ " CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY LIBtR848~ Plt;{~2~ }? , nineteen hundred and seventy-eight THIS INDENTURE, made the da), of August BETWEEN NARY ELIZABETH MURPtlY a/k/a HARY E. MURPHY, residing at New__Yo~k and ROBIN A. RAEBURN, residing at (No Number) Bridge Lane, Cutchogue, New York 11935, party of the first part, and ROBIN A. RAEBUP~N , Cutchogue, New York 11935, party of the second part, WITNESS£TH, that the party of the first part, in consideration of residing at (No Number)Bridq9 _L__a_ne,' "]'J,?, TO ONE ($1.00) ................................................... ~lollars, lawful money of the United States, and other good and lawful consideration paid by the party of the second par~, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbein~k~{~l~ at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at a concrete monument set at the southwesterly corner of the subject premises and the intersection of the northerly line and the easterly-line of two rights of way now or formerly of Bokina, RUNNING TtlENCE North 45° 11' 20" %qest along lands now or formerly of Bokina 375+- feet to the ordinary high water mark of Long Island Sound, THENCE easterly along the ordinary high water mark of Long Island Sound 210+- feet, 29' 40" East 360+- feet to lands now or formerly THENCE South 44° of Bokina, THENCE South 70° 20' 10" West 196.79 feet along lands now or formerly of Bokina to the point or pluce of BEGINNING. SUBJECT TO the rights of way and easements described in a deed and conveyance simultaneously mede herewith to ~{ary Elizabeth Murphy a/k/a Mary E. Murphy. SUBJECT TO a $60,000.00 first mortgage held by the Southold Savings Bank, 54375 Main Road, $outhold, ~ew York 11971, on which the prin- cipal balance is now $~6,834.96 wi.ich Robin A. Raeburn agrees to pay and agrees to hold Mary Elizabeth Murphy a/k/a Mary E. Murphy harmless against collection. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with the land: (a) the rights of way and easements described in deeds.re- corded at the Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in the deed recorded at the suffolk County Clerk's office at Liber 7658 page 202 and; (c) the right of way and. easement to install ~lectric telephone and other utilities along and in the aforesaid rights of way, together with the right to tap into the existing electric utility service running to the pr~mises to the west and running across the subject premises to the premises to the east, provided the party of the second part, her successors and assigns, install their own meter, pay the cost and expense of such tap in, and obtian necessary approvals from the utility company. SUBJECT TO an easement five (5') feet in width centered on existing utility services crossing the subject premises going to the premises to the east for the purpose of installation and maintenance and use of all manner of utility services. (Said easement may be relocated at the direction and expense of the owner of the burdened property provided there is no interruption of service~ a e~ st, if any, TOGETHER wit'h'~ah ti~t:t, title and: ' ~ . o~ the of the first part in 2nd to any streets and roads a~utthlg tile above (ie~c ibed ?{raise: to lhe center lines :hereof, TOGETItER with the appurtenance3 and all the tstate and rights of the pa~y of the first part in and to said premises, TO HAVE ~ND TO HOLD the premls~s herein ~anred :.~to the pa~y of ~e second part, the heirs or successors and assigns of the pa~y of the second part forever. I~&Ry EL~/ZABETIt/ MURPHY a/k/a/MARY/. MURPHY / ,.- ROBIN A. RAEBURN ~.S ~;Jt'bkq-~ ~ STATE OF NEW YORK, COUNTY OF On the )/day of A'OSt 19 '78, before me por.sonallycame !NARY ELIZgJ3ETH I',IURPHY a/k/a M~RY E. MURPttY to me known to be the individual deschbed in and who executed the foregoing instrument, and acknowledged that she /~xecuted the same. /'~ ~, Not~ ~ub%ic / STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SUFFOLK S~ On the O /dayof Jkllgust 19 78, before t personally c'tme ROBIN A. R.h~B[JRN to me known to be the individual described in and wl executed the~ foregoing instrument, and aelmowledged th she ex.e/[[(eJ the same. Vr]] · ~otarY Public SS: On the day of 19 , before me personally came to m6 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 corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. G['ORCF C. STAN~£VICH NOTARY PUBLIC, Slat,~ of New Yor~ s On the day of 19 , before r personally came the subscribing witness to the foregoing instrument, wi whom I am personally acquainted, who, being by me du sworn, did depose and say that he resides at No. that he knows to be the individual described in and ~vho executed the foregoing instrumer that he, said subscribing witness, was present and s~- exectlte the same; and that he, said witne at the same time subscribed h name as witness there: Bargain ale Deeil WiTH COVENANT AGAINST GRANTOR'S Acrs I'ITLE NO. ~J:::'/J,~' - r_) =1l ?' 3 0 MARY ELIZABETH MURPIIY' a/k/a E. MURPHY and ROBIN A. P~%EBUIA~ TO ROBIN A. RAEBURN STARDARO FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE INSURANCE C OM PA]q;Y SECTION BLOCK LOT COUNTY OR 'rOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to MAIN ROAD ~EORG£ C. STANI~EVICH ATTORNEY AT LAW October 1, 1979 Southold Town Planning Board Main Road Southold, New York 11971 Re: Application of Robin A. Raeburn Gentlemen: Pursuant to the request of your secretary, I enclose herewith the following additional documents: (a) legal outline description; (b) photocopies of the three [3] deeds pursuant to which the subject property was divided; (c) short-form environmental assessment form; (d) grading, drainage, and road letter. It is respectfully requested that a resolution be passed at this evening's meeting setting this matter down for a formal hearing at your next regular meeting. By doing so, we will avoid delay and will have scheduled your hearing sub- sequent to that of the Zoning Board of Appeals whose input will be available for this matter. Thank you for your cooperation regarding this matter. our s ,~_~ George C. Stankevich GCS:kam Enclosures -4- Copies mailed to the following on October 5, 1979: The Suffolk Times The L. I. Traveler-Watchman Mr. Burt Lewis Philip Ofrias, Esq. George Stankevich, Esq~ Supervisor James F. Homan CONSULT YOUR lAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY lAWYERS ONLY THIS INDENTURE, made the day of ~!;~rch , nineteen hundred and seventy-nine BET~VEEN ~'3~?" !{LTZABETH ,It}dq}V a/k/~ ~!ARY E, ?~P~Y, re~JdJn at party of the first part, and I~OBI4 A. RAE~IJ~?~, residin~ at Cutcho~me, 2ew York II ~', number) Brid~e Lane, party of the second part, WITNESSETH, that the party of tfie first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, .S~Ll~ thatc cmt~n~Mt,:~i~P~Cd ~ land, ~,ith the'~bmld~ xn~ impxo~:~ ~e~ ~r~t~, ~imam, A RIGHT-OF-WAY over that certain oarcel of l:md de~;cribed in a deed recorded at the Suffolk Connty Clerk's' Office at Liber 8482 Page 226, said parcel lying and beJnc at Cutcho~ue, Tm.m of Southold, Connt~, of Suffolk, State of New York, sa~d ri~t-of-ws'~ be~mz -note D~rtlcularlv bounded and described as Follows: BECI]?~Ii~C at a moiat 150.00 feet runnin9 South 70° 20' 10" West along the northerly line of l~nds now or formerly of Bokin~ frora the southwesterly corner of ]ands now or formerly ~ P~rr; PU}~NiNG T!!]OiCE %outh 70° 20' lO" West 97.T) ~eet alon~ lands Ti~ENC{ ~qorth ]9° 43' 50" 'rTest for a disttnce of 20 ~eet; 'DIE~'~C"q North 7~° 20' 10" East for a distance of 83~47 Feet; THgNCE South 44° 22' 40" East for a distance or 22.03 ~eet to the ooint or'nlace o~ TOGI:/FtlER with all right, title and interest, if any, of thc party of the first part in and to any streets and roads abutting the above descril~'d premises to tfic center liues thereof; TOGETHILR v, lth the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO }lAVE AND TO I I()LI) thc premises herein granted nnto thc party of the second part, the heirs or successors and assigns of thc party of the second part fore, er. AND thc party of the first part covenants that the party of the first part has not done or suffered anything ,~hereby the said premises have been encumbered in an}' wa}' whatever, except as aforesaid. AND thc party of the first part, in compliance witfi Section 13 of tht Lien l.aw, covenants that thc party of thc fi]st part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a lrust ftmd to be applied first for the purpose of paving thc cost of thc improvement and will apply thc same first to the payment of the cost of the improvemcnt b~fore using any part of the total of the same for any other purpose. - Thc ~ord "party" shall be construed as if it read "parties" wfiencvcr the sense ol t s indenture 5o requires. IN WITNESS WHEREOF, the party of the first part has duly cxccuted this deed ~he day and year first above ? 7 r, wm ~ UIIT~P]tY 3/k/n IN PRESENCE OF: ¢ ~AT~¥ d~I.,,l~,t. ~1 ,.~ E. ~ll,I , ~ !bll~.Ihi A. . - , · :,,, p I~RY ELIZA~T~ ?4q~F~P!{:', re~d~n~ at 2~ East Tenth Street, New York, New York 1000~, res[ding at 2~ East Tenth St,New York,N.Y. party of the first pa~t, and MARY ELIZABETH MLilP}Yf,/snd ROBIN A. RAEBURN resid- ing at 163 Garfield Street, Haworth, New Jersey 07641~ as joint tenants with right of survivorship and not as tenants ii] common, of the S~cond part, art in consideration of Ten Dollars and other valuable consideration WITI'qF_.~£TI't~ that the party of the first p ; ~ t rrd~,n~e unto the l~arty o£ the second part, the heirs I a ti by the party of the second part, does hereoy grant ant or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel el land, with the buildings and improvements thereon erected, situate, lying and being in the Town of' $outhe]-d~ at Cutchogue~ Gounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at the point where the ordinary high water mark of ]long Island Sound is intersected by the division line between lands now or fo~aerl~ of Harold R. Reeve and lands now or formerly of Vincent Bokina; thence easterly along the ordinary high water mark of Lon~ Island Sound to a point distant from the point of beginning 2~.14~ feet, m~asured a3ong a tie~ li~n.e' having a bearing of North ~4'~ ~0" East; thence South k~° 0'~' 50" Eas~ 31$7o00 feet to ~and now or formerly of Vincent Bokina; thenc~ along said last mentioned land the following two courses and distances: (1) South 70° 20' 10" West 249.09 feet; and (2) North ~.~o 11~ 20" West ~60 feet to the ordinary high water mark of Long Island Sound at the point or place of beginnin TOGETHER with all r~ghts of wa~ appurtenant to said premises, which are more particularly described in deed to party of the first part recorded in .~648 cp 177. '['O(;ICI*IlI~R with all right, title ami interest, if any, of the party of tile first part in and to any streets and r¢.~ds abutting the abl~ve described plcmiscs to the centttr lines thereof; TOGk;Tlll:A'~ with the appurtenances and all the estate and rights of the party of the iirst part iu and to said premises; TO HAVE AND TO 1 l()l~l'~ the prcmis,:s bcrcin granted unto the part), of the second part, tim heirs or successors and assigns thc part.~ of thc second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered a ~ytbi~.~ whereby the said premises have been encumbered iu any way whatcxm, excct~t a~ ~f,,rcsaid. XND t~m i~arty of the iirst part, in con~pliauce with Section 13 of the l~ien Law, c<~venants that the ~rty of the first part will receive the considcraliou for this conveyance and will h~!d the right to receive such consid- eration a~ a trust hn~d to be applied first {or the purpo:;e of paving :h~ cost of the improvement and will apply the s:mm first to lhe payment of thc cost of the improvement ~eforc t sing any part oi the total of the same for any other purpose. The word "party" shall be c{u~strued as if it read "parties" whenever the sense of this indenture so requires. IN WlTN~S WH~OF~ the party o~ the first part has duly excmnted this deed the day and year first a~ve APPLICATION OF ROBIN A. P~AEBURN Description ALL that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, Stateof New York, being more particularly Oounded and described as follows: BEGINMING at a concrete monum~ent set at the ~outhwesterly corner of the subject premises and the intersection of the northerly line and the easterly line of two rights-of-way now or formerly of Bokina; RUNNI~G THENCE North 45° 11' 20" West along lands now or formerly of Bokina 375+- feet to the high water mark of Long Island Sound; THENCE easterly the ordinary high water mark of Long Island Sound 520+- feet to lands now or formerly of Parr; THENCE South 44° 2~' 40" East 339+- fe~ along lands now or formerly of Parr to the northerly line of a 20 foot right-of- way; THENCE running the following two [2] courses and distances along the northerly line of a 20 foot right-of-way: [1] South 70° 16' 10" West 247.70 feet; [2] South 70° 20' 10" West 259.08 feet to the point or place of BEGINNING. SHORT TOWN OF SOUTHOLD ENVIRONMENTAL ASSESSMEN~ F.O_R~ INSTRUCTIONS: -- ~- I'~ order to answer the questions in this short EAF it is assumed that the preporer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studles~ research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant ond a completed Envlronmentol Assessment Form is necessory. (c) If oll questions hove been onswered No i% is likely thor this project is not (d) Envi'ronmentol Assessment ~. Will project r'esult in o lorge physicol chonge to the project si%e or physicolly o~ter more /No thon lO ocres of lond? ....................... " 2. Will there be o mojOr chonge to ony unique or .~--/N unusuo~ lond form found on the site? ......... .Yes o 3. Will project olter or hove o lorge effec¢ on ........... Yes o existing body of woter? ......... l~rge im~oct 4. Will project hove o poten¢iol~y .. Yes o on groundwoter quo~ity? .................... 5. Will project slgnificontlY effect droinoge Yes 0 f~ow on od)ocent sites? ....................... '' 6. W~ll project offect ony threotened or endongered plont or on£mOl species? .......... ,Yes o 7. Will project result in o mo)or odverse effect Yes .. o on olr quol~ty? ................' ............- 8. Wi~ project hove o mojor effect'on ~isuol , chorocter of the commun&ty or scenic views or i~No vistos known to be ~mportont to the community? Yes ~. ~ill project odverse~y impoct ony site or structure of historic~ prehistoric or poleontologlcol importonce or ony site designo~ed os o criticol envlronmentol oreo Yes by o locol ogency? ............. ; .......... .... " lO. Will project hove o mojor effect on existing I/~ or future recreotlonol opportunities? ......... Yes o ll. ~ill project result in mo)or troffic problems / or couse o mo]or effect to exist&ng tronsportotlon systems? ....................... ~es o 12. Will project regulorly couse objectlonoble disturbonce as o result of the project's /N~/ Will project hove ony impoct on puOZzC Yes or sofety? .................. ~ .......... Wil~ project offect the existing communz~ ~4. directly cousing o growth in permonent populotiOn of mo~e thon 5 percent over o one yeor period o_3_r hove o mo~o~ negotive e[fect on the chorocter of the community neighborhood? ................................. Yes · ]s there public cont[ove~sy concerning the 15 . .... Yes project? ............... ~ ................ REPRESENTING Rob±~ A. Raeb~r~ .. Southold Tov~ Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision Robin A. Raeburn Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planuing Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (5) No new drainage Structures or alteration of existing structures are proposed. Y s truly, ch, Esq. Attorney for Robin A. Raeburn (516) 765-3838 GEORGE C. STANKEVICH ATTORNEY AT LAW September 28, 1979 Southold Town Planning Board Main Road Southold, New York 11971 Re: Murphy-Raeburn Minor subdivision Gentlemen: Regarding the above-entitled application for a minor subdivision, please find enclosed six [6] copies of the amended minor subdivision map. GCS:kam Enclosures Sincerely yours, l,f ~., ~~.~ ,, ..,' ,,,, Geora~ C. Stankevich ~ ~EORGE C. STANKEVICH ATTORNEY AT LAW ~arch 26, 1979 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Murphy/Raeburn Subdivision Gentlemen: Pursuant to our conversation at your meeting on March 5, 1979, enclosed please find the following: (a) Copies of deeds whereby the subject property was conveyed to Murphy/Raeburn. (b) Revised survey showing proposed right-of-way to the western~most proposed parcel. (c) Deed showing proposed right-of-way. I think these take care of access problems we ran into. If all is in order please place this matter on the calendar for your next meeting. Very truly yours, LLD/hg Enclosures RECEIVED BY ~J /Y'///x/O/;Z ,~ 0~//'-v' 6,"/~ ~ V Pax ~¢~1~ tOOO- 75- Z- ~aJ. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southohl: The undersigned applicant hereby applies for {tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regnlations cfi the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of tbe land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ~ar¥ blLlrohy and Robin Raeburn 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 follo~vs: Liber 7259 Page 381 On October 11, 1972 Liber .. 7658 Page 202 On June 18, 1974 ..; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ : as devised under the Last Will and Testa~nent of ........................................ or as distributee ........................................................................ 5. Tbe area of the land is ..... ...... 3.6. .... acres. 6. All taxes ~vhich are liens on tbe land at the date hereof have been paid except .......... (none) 7. The land is encumbered by one mortgage (s) as follows: (a) Mortgage recorded in Libor 6565 Page . 281 in original amoum of $.~.0.:.0.0..0.:00 . unpaid amount $ ................ held by Southolc] Savings Bank address 54375 blain Road, Soul:hold, New York (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... SUPREME COURT OF THE STATE OF N~ YORK COUNTY OF SUFFOLK ROBIN A. RAEBURN, Plaintiff : s~aiust - : ~RY ~IZABETH MURPHY, : Defendant : ,KY ELIZABETH MURPHY, : Plaintiff : against : ROBIN A. RA~U~, : Defendant : BEFORE: HON. PAUL J. Ind. #76-9212 Ind. #7702015.8. Hzuppauge, New York August 16, 1978 BAISLEY, Justice At a trial term, Part III of the Supreme Court of the State of New York, held in and for the County'of Suffolk at Veterans ~4emorial Highway, Haup~auge, New York 11787, on the/.~z~iday of August, 1978. PRESENT: HON. PAUL J. BAISLEY Justice SUPREME CDURT OF TItE STATE OF NE? yQgT( COUNTY OF ~ 3FF,)LK ROBIN A. RAEBURN, - lgainst- MARY ELIZAB.~TH MURPHY , Plaintiff, Defendant. SUPREME COUi1T OF THE STATE OF NEW YORK COUNTY OF SI~FFOLK MARY ELIZAB]~TH MURPHY, -against- ROBIN A. RA~:BU~N, Plaintiff, De fend ant. INDEX #76-9212 ACTION ~1 SETTLEMENT ORDER INDEX #77-20158~ ACTION #2 T~e issues in the above entitled actions having duly come on for trial before Mr. Justice Paul J. Baisley, without a jury, at ~ trial term, Part III, of this Court held at the Courthouse thereof, located a'n Veterans Memorial Highway, Hauppauge, New York 117~7, on the 10th, llth, and ]2th days of July, 197~, and ROBIN A. RAEBURN having,appeared by her attorney, George C. Stankevich, Esq., and MARY ELIZABETH MURPtlY having appeared by her attorney, Richard J. Brickwedde, Esq. who with- drew from representing said cl. ient with permission of the Court, and Edgar Hills, Esq. having appeared and having been substituted as attorney for ~tARY ELIZABETH MURPHY, an~ the parties and their attorneys havin~ aopeared in ~men Court on August ]6, ]972 and at that said time and place having entered ~nto a Stipulation of Settlement on the record, NOW, on motion of George C. Stankevich, Esq., attorney for ROBIN A; RAEBURN, it is ORDERED that this actio is settled and discontinued with prejudice but without costs, disbursements, interest, or attorneys' fees being assessed against any party~/~ ~ . I I GRANTED AU(; 17 191'8 AHI HUP, i. FELIO[ OI,.~sc of luffotk County ENTER \! COUNTY CLERK'S OFFICE ) STATE OF NEW YORK f SS.: COUNTY OF SUFFOLK I, ARTHUR J. FELICE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed~!th, tt origi~al..(~...~...R.,w. .................................... FILED in my office...~....~....~, t....{...~..~.~' ........ and, that the same is a true copy thereof, a~d of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court tla~ ~/..d]v'~ a~ _'~ Iq ? Form No. 236 ~J~ 12-102 -.. ./ FILE NO. $-$D-'79-i3 SUFFOLK CO. PLANNING DEPT The subdivision of this parcel, as proposed, ,,~ has been approved by the Suffolk County PlanninA Co~issi~ subject to ~ conditions deemed neces- sary to help preserve the natural and aesthetic attributes of Refer to letter for conditions. ]..ON~ TSLAN D ¸I, ~ ,:-;?.~_v~a~ p_Ec. 26 ~,.:Q(.,LL~<,./-."oA?.¢ , '~;'r --,