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tr.0 '/ ,lC Y -fro E3~ ~NOWOd ~S C~BOT'S WOODS P ,D Southold. N.Y. 11971 ($16) ?$5-1~8 November 28w 1984 Richard'and Sophia Greenfield $oundvtew Avenue Southold, NY 11971 Re: Minor subdivision for Richard and Sophia Greenfield Dear Mr. and Mrs. Greenfield: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, November 26, 1984. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Richard and ~ophia Greenfield to be known as "Cabot~ woods" located at Peconic was submitted to the Planning Board on February 14, 1984 and, filing fee of $100 was paid on February 14, 1984, and WHESEAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Monday, November 5, 1984 at 7:30 p.m., and WHEREAS, the requirements of the subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NO~, therefore , be it RESOLVED that the application of Richard and Sophia Greenfield for approval of said subdivision plat to be known as "Cabot's woods" prepare~ by R. Van Tuyl, dated February 2, 1984 and last amended NoVember 7, 1984, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions within 6 months from the date of this resolution: 1. Filing of the covenants and restrictions as approved by the Town Attorney with the Suffolk County Clerk. Upon receipt of notice that this condition has been met, the Chairman will endorse approval on the map. Very truly yours, BENNETT ORLOWSKI, J~.,. C~AIRMAN DMS SOUTHOLD TOWN PLA~ BOARD DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made.as of this ~day of ~W~-- , 1984 by Richard and Sophia Greenfield, residing at Sound View Avenue, Southold, N.Y. 11971, hereinafter referred to as Decla.~ant. Whereas the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated en the Suffolk County Tax Map as District 1000 Section 073 Block 4 and Lot 2 containing approxi- mately 9.46 acres, to be known and designated as Lots 1 through 4 in the minor subdivision to be knewn as "Cabot's woods", being the same premises acquired by the declarant by deed dated October 25, 1984, and Whereas the Declarant intends said premises for residential purposes and desires to preserve the scenic beauty of the area, provide sanctuary for wildlife, and protect natural vegetation to provide for future enjoyment; and to insure that all construction in the community is harmoniously designed and planned and values enhanced; Therefore, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions herein- after set forth. 1. No sanitary disposal facility shall be installed or construc- ted within 190 feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edge of the bluff. 3. The approval of the subdivision shall be made subject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. 4. 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. 5. No grading shall be permitted within 50 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and access to the beach. 7. Access to the beach shall be by means of a structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 8. No lot may be further subdivided in perpetuity. 9. Access to any of Cabot's Woods beach area of 302.47 feet shall be strictly limited to owners and guests of the four designated lots and cannot be assigned or transferred to any other property or properties or individuals. 10. Any residential building shall contain a minimum of 1400 square feet of floor area exclusive ofgarages, carports, open breezeways, patios, terraces and basements, with at least one story containing a minimum of 1000 square feet. 11. NO building, fence, wall or other structure, or change in landscaping shall be commenced, erected or maintained upon any lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereof and the materials and colors to be used, shall have been submit- ted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, its successors or assigns. In the event said Declarant, successors or assigns fails to approve or disapprove the same within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12..No trees shall be removed from the 10 foot walking right-of- way, as shown on the subdivision map, without the prior written approval of the Declarant, its successors, or assigns. 13. Use of the 10 foot walking right-of,way and of the beach easement in favor of lots 3 & 4 by the owners thereof or their guests shall be at.their own risk, and the owner of lot 2 shall in no way be responsible for maintaining same or for injury to said owners or their guests. 14. The maintenance of the right-of-way over land now or formal- ly of Minakyan, providing access to all 4 lots from County Road 48 shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Department. 15. The maintenance of the 25 foot right-of-way connecting all 4.~ parcels to the right-of-way over land of Minakyan shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1984 requirements of the Southold Town Building Department. 16. The maintenance of the 10 foot right-of-way traversing lot 2 shall be borne equally by the owners of lots 2, 3 and 4, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Dept. 17. The need for road maintenance and the cost of repairs, if any, based on the previously stated requirements, shall be deter- mined at least annually by the Declarant, its successors or assigns, subject to the approval of at least one other of the concerned Lot Owners. In the event said Lot Owners fail to either approve or disapprove the same within 30 days, approval will be assumed. Opon being billed for any assessment by Declarant or its successors, each Lot Owner shall pay such assessment within 30 days of receipt of said assessment. Said assessment shall be a lien on the real property of the assessed lot. Declarant, its successors or assigns shall have the right to proceed in accord- ance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 18. All of the covenants, conditions and restrictions contained herein shall be construed as real covenents running with the land and shall continue and remain in full force and effect at all times. Said covenants, conditions and restrictions shall be enforceable by the Declarant, their heirs, successors and assigns and the failure to enforce any of such covenents, conditions and.restrictions shall in no event be deemed a waiver of the right to do so thereafter. 19. Except as set forth in paragraphs numbered 1 through 8, above, Declarant hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any person. D~CLARATI,;q ~'nde as of this.'/L d,~y of *'~C~Z "~/ . 1786 County, New Ygrk, o~.d dcsiana-ed on tho Su[folk Count}, Tax Nap as 4 di~q. I"" .... ~ctPdor ~ 1o11~~s lq, ~:-~;,.In~nt q,.l,':.'.,, ti.reP eoveaa--- - ~u~er~d I, thro~h I* :%% -~":% ~'~.%,, ,., ,....,.. ~ _...~.,..., ~ In aTI ot,~.;. ~ 21~ nad Am ..... . - * . ]6. Use of th., tO foot r~vht-of-way traversing lot 2 .qhall be r,e~ver .~ccrue to tho boneft[ o[ ,~ny o';her property'. un~ith,· .' ~'.~ d,~) vf ..,'--:"'. · 1~86, t~fore me pe~sorai%y THIS INOINTUIIE, made the c~ "~-'day o! ,~ugu~t, nineteefl handed a~d 10B I~Ol the ~lTst part.mud ~iL~t 9. BOa!, and SOLITA ROBS~ Mu w~f% both residi~ et llO~ ;i ~sdlBon Argue, New ~o~ J~fl7 o! the laced Ix~t, -~WlT#ISSITH, that the ~ o[ ~e fiat pa~ iff ~nslde~flon of ...0 .......................... ~ll (~0.) ....... * .......................... d,liars. hwfulm~ of the Unlt~ Stute~. ~d other ~d ~d vnluUble ~tdevs~loa, ~la ALL thu~ tra~t or psroel oF lsndf ~ith the buildings ~d l~r~omentn ther~n, ~d BtatO oF Nil Tot2, b~nded ~d de~ribed es ~llowo; ~H6l~I~O at u point m~ed ~ an l~n pipe set on the b~d8~ l~fle botwem ~d o~ ~a~ld g. Ooldsulth and Alv~ B. Ooldmtth uhd l~d of Dlllo~s u~t 4~0 febt ~rthwesto~y ~o~ arid line ~rom the northerly line of ~rth Roedj ~8 ~ gO deices O~ ~nutes ~ 8econdB gest; 368.11 f~t ~m the lest deB- orlbed point; ~ thence ~ong land of ~rold 8. Ooldmith an~ Aly~ B. feet tO ~ l~n plpel ~l~ thence Btlll al~g l~d ~f ~ldmith; R~th 44 'Otto N* ~ ~1 & ~n, S~veyors) dated 3~y 18~ 1953~ ~lse~ A~uat 3, 1963, attaahed before end mdc a pePt horeo~. ~ V~e l~nd oF ~rold E. OoldmSth and AI~ B. ~ldmlth~ f~ the ~thweste~ly ~n~io~ o~ enid ~l~t of ~y ov~ and upon othe~ l~d OF s~d p~tio8 or tho f~st {'~'purtl ~BJBOT, ~svers to tho Rendition that In the event that u ~blie hl~Y H~o~ ~. ~O~'E ~a ~LV~ B, ~Lt~HI~H, both r~sidl~ at Douth- Nadleon Avonu,~ No~~~ Torh~ p~tl~e of t~ second p~t~ ~ITI~H~ That ~ tho partios Of tho first part by do.d datod August tbs p~tto~ of tho first part~ their loga~ Vopr. sentativesjldi~tr Feaso~lo oh~oe dnd ~lt~rations in tho co.ge and l~atibn oe~talfl.~l~t off wa~ ovo~ ~d upon oth~ lnnd of tho pa~tl~s of th In a i~ tho[p~ttes of tho first part a~ d~elroue bf Sell. ~ na eon~ey~ a po~tion of said p~omisos ovor ~hicb th.' said ,lght o~ .ay ~n.. $nd ~. the p~tios of th~ f~st part sro desiro~ br tion which ts bein8 convoyed by them~ '~, T~O~."id consideration or th~ s~ ~ p~tieg hereto each~to the other tn h~d ~a~ ~ .... :.:.-i~' -'"Z 18 ~reby ae~owledg~d~ ~d of otho~ ~ood and valuibl~ e~aider~ that t~d afo~oeaid ~Ght,of ee~ shall be f~x~d ~d deteP~n~d to b a P~b ~ ~ay 10 fdot l~ eidth extond~n~ tn · no~theeete~l~ ~lon ilo~ tb~ ~o~oiibo~ly linc of. otho~ land of tho p~ttns of t~ ~tt p~t f~om',tho ~o~thvesto~ly lin~ or ~orth Road) the ~d dlotanoeat ~OiN~ING ~t a point marked by ~ monist oh the ~o~h~et~Fly ~l~ off No,th Road at P~oonte~ ~n the T~n ~j 8oath oo~er of l~d of 51ed~edki); ~g thonoO, (1) ~o~h ~7o ~6t O0 v La) ag, oo,.wo, , .or:~ ~oo j~t ~0' Mostp a diet,s er ~77001 feet; {b) Worth 9o O~t.~O0. ~$lt~ i distance ]of 2~7~6~6 feot~ to~othe~ ~th tho~ f~ht ta.thO.~so ~ I 10 foot Clear.us to tho ~st or tho ~n$ Isled ~deFito~ ~d M~e~d by the p~tl~s horsts that o~ept us h~e~ '~od~ied~ fixed ~d datelined ~o PIKht to t~ Yes o~ tho way tn oo~on with 6thn~e as m~ntio~d Ln th~ ~o~8aid do~ shall Pomain as Bet forth Ln said deodJ ~d tho condLtion eot forth said dood Sha~l continue to ex~lt in full fo~o and offset ~ the ~vent that a publio hiKh~ay should bo laLd out and ~dieato~ to the T~ ~ Go.hold ~xtond~ i~ · KonoPal asst-vo8~ diP~tion t~rly of laid public hig~h~ t~nas~ and te~nate~ ' : T.~ INDENTURE. made the ~ ~'' day 8ou~hold, ffev Zork LONG ~LAND LIGHT~G COMPANY. a corporation duly organized end extefia~ under and W ~rtue of the L~we o~ the S~te of New ~ork. having Its ptlnct~l office ~t ~50 Old County Road, Mtn~ola. New York, the grantee, ' WIT~TH~ that the ffrantor~ tn consideration o~ the sum ~ ~Sl~d Lt~h~InA ~, E~e~nt lying ~ bet~ tn Peconie ~oJio*t~ flshtf end ~rtvileSes: malnidlh ind. at lt. pleasure, remove .lflgle lines of poleg Including no necessary. '.; ~ ~ ~ THIRD: To trim from time to time any trees along said lines Os t~i the Itne~ and wires thereon ~y be clear by at least Forty-eight inches off either side, ' he~et~ 8r~nted, ', .. : ~ ] ~FIFT~ ~o permit such dccees from the street over the ~entk:lnd ~ighto'-of-Way herein granted. ; . j~: ? ~.The Poles, c~oel-arme, guyf, anchors.' cables, co~uitgo man- ' RIDER~-.TO CONTRACT OF SALE BETWEEN NORTH FORK BANK AND TRUST CO. .. and PETER ~EBISHER and MILDRED ~EBISHER RE: LOT NUMBER 2, SUBDIVISION LOCATED IN SOUTHOLD, NEW YORK AT DISTRICT 1000, SECTION 073, BLOCK 4 25. Description of Property: See Schedule "A" annexed hereto. 26. Morta&ae Conditions: This contract is · .I . 27. Down Payment: The down payment shall be retained in escrow pending the closing herein, or in the event of the cancellation of this contract pursuant to the agreement, it shall be returned to the purchasers. 28. Representations Concerning Building Lot: Seller represents that the property constitutes a lawfully existing building lot upon which the purchaser can build a residence. It is further acknowledged by the parties that the ten foot right of way on the property (which principally serves as access for property owned by Ross) must be relocated so as to make it immediately adjacent to Lot No. 3 on the subdivision; in furtherance of obtaining the relocation of this right of way, the parties agree to fully cooperate with each other in requesting that the building inspector of Southold requests that the person who subdivided the property relocate the right of way and comply with all requirements imposed upon them by virtue of having subdivided the property. The Seller represents that their counsel has already contacted and spoken with the building inspector, who is aware of the fact that the right of way must be relocated and a written request will be made by Purchaser,s attorney following execution of this contract in order that the right of way can be relocated forthwith. 29. Title Problems: If there are any objections or exception to title which prohibit the Sellers from delivering title which would comply with this contract then'the Purchasers shall provide the descriptions, objections, or exception, in writing, to the Sellers at least Ten (10) days prior to the closing. If the Sellers are unable to correct these objections or exceptions prior to the proposed date of closing, the Sellers shall be entitled to a reasonable adjournment for the purpose of removing such objections or exceptions. In the event Seller is unable to remove any objections or exceptions to title, it is agreed that the purchaser shall have the option to purchase the property in its condition nonetheless. 30. Subject To Provisions: The premises herein will be conveyed subject to covenants and restrictions of record, as well as the ten foot walking right of way contained on the annexed survey and the ten foot right of way (to be relocated to the easterly line of the property, adjacent to property owned by Ross and Lot No. 3 of the subdivision) and subject to and granting the purchaser a right of way, in common with others, to North Road. 31. Assignment of this Contract: This contract may not be assigned by the Purchasers without the prior written consent of the Sellers. 32. Non-Applicability of Withholding Tax: The Seller herein represents that he is not required to withhold tax pursuant to 26 U.S.C. §1445 because he is not a foreign person as defined in the Internal Revenue Code. 33. Notices: Ail notices required, or permitted, under this contract shall be forwarded by First-Class Mail except that an y notice which alleges a breach of contract ~y a party must be by Certified Mail (Return Receipt requested): Seller(s): Ms. Cna Lee Kelley c/o North Fork Bank Mattituck, New York 11952-0902 2 ......... ==== - 'l~1,1 ~(~ O{~lll~O ISJO,{~{)l" EC*#I:DULE & ~rth 49 d~r~ O2-~l~l lB I~fl Off t~ -- the ioutheriY ntdw ~ feet to a ~intl thP ~otthveiterJY tt,~ of ~t ~. i Ot ~,,e -- :. and ten f~ w~*._-pd MteOl ~uoas-: tO be iff tbs 2.03G"~ ~459 tncludiflq CAI;I'vI"~ for th~mGeivrm, their (..eeellprJ ina . . r~)r.n ~n,I I~tian of t~* right Of ~af~ t~ the right o! May). of Nay tom.eating on tr,P ~ortherly lade of #lddle in *'.re. and nov or formally of #lni~yln and formally o! YC Hold 9 · . - --~*.UT--~ · fettering courses and dlltanccs: Perth 4~ degrees 4, ~znutes Mess Sg~.lS feets North 4& deqr~ea .N ~n~ten vest JO&.$ feet! North 4n deqreeu ~: :,.ufl~tes SO leconds Melt S$3.Ol leetl North J~ degrees ~ ~:n~eq 30 secondl Nest North 4~ d~greea ~. ~:n~tea S0 leoonds #ell Y4SSSS feet to the arorer~t,tILned 2S f'*~ rlqht of msyl t:oe Nolte-fy bo. edifY of land nov or f,~lPally ~t Of ma rheerr,d holding Corl'* end l~te*h*h'.J tO ~ the rig Y deed recorded in Libel ~l', .,tcp SUBJ~'T I~ utility ,.~s~ntt al they I~vdlvtsiufl ~&J' kfle)ufl ~'. %'~t~t s MmPif Mould ahoy. SUIIJF.~ MOP£OV~R t- ot,~ c~n4ition that in th~ lelht · public public htqhray shall tf.-~,**qon ~este and $.ter, n~tfY, m~tnt~Lned opofl any an oc-t ~,,n ~,, r su.-c.~*r~ or ~ tn approv- or 1.03~ ~462 m ~m mm lerd II~l ~m VIA CERTIFIED MAIL Ms. P. Finnegan, Southold Town Attorney Main Road Southold, NY 11971 P.O Box 218 Southold,N Y 11971 9/19/2009 Dear Ms. Finnegan, Town Attorney, We are the owners of 30160 Cabots Wood Road, Peeo~c, Cabots Wood Rck and 30165 Cabots Wood Rd. These 3 lots o~ 4 w~r~e p~viously ~d~.;.5~ by Mr. & Mrs. R. Greenfield. ~...-~' ~'~'~'~ What first attracted us to the Cabot s Wood Minor Su~ Peeomc were the isolated, densely wooded, residential parcels. Flora and fauna was abundant. Foxes, deer, osprey, red tall hawks and abundant song birds were attracted to this landscape. We were thrilled when we learned that the 2+ acre lots were heavily covenanted to preserve the woodland environment. We bought this land with the full understanding that the development of the 4 Lots was to be solely residential, to provide sanctuary for wildlife, and to protect nanaal vegetation for future enjoyment. Unfortunately, in the spring of 2009, the owners of LOt #3, Gary and Doreen StanToni, hired bulldozers to completely denude the 11/2 acres adjacent to their house. This action can be verified by the Code Compliance Officer Damon Rallis, Zoning Inspector. A Photograph is inehided. A Summons was issued by the Planning Department. Upon receiving the Summons, Mr. Stanzoni appeared at the Southold Planning Board with a letter purporting to show that he was appointed Declarant by the former owners on 6/1/1995. However, the owners sold the third lot in 1993, before the appointment At that time he allegedly stated that he could do anything to his property as the Declarent. In response, the Pl~nnlng Board erroneously suspended the Summons. A closer examination of the Covenants and its addandnms would have revealed that when Mr. Stanzoni was appointed Deelareut the Covenants had already vacated this position. In the 1987 Addendum to the Original Covenants, a quorum of homeowners was established to make decisions.'...after the sale of the 3'0 Lot (occurred in 1993) no further modifications may be made in these covenants and restrictions without the consent of 3 of the 4 Lot owners. Since the clearing of the land, the Stan:,oais planted a vineyard and appear to be starting a business. The other residents of the subdivision find this to be in violation of the Covenants In particular they worry about the following: 1. Destn~on of the woodland and natural undergrowth which provides habitats for animals and birds. 3. 4. 5. The change from residential use to agriculture use devalues our properties. The use of pesticides and fertilizers endangers our water supply.( we all have well water) Quality of life issues- excessive noise, excessive traffic of workers, and loss of privacy. Concern over what the future will bring i.e. a tasting bar, customers using private Row's and beach access as guests of the Stanzonis? · We implore you, the Town Attorney to open up this mvestigmaon of our complain A stop order may be appropriate while the review takes place. Sincerely, Peter Aebisher ~-*o ~-~x\o ~ Wendy Mosca Cc: Encl .Scott Russell Southold Town Supervisor Albert Krupsld, Jr, Southold Town Board John Wiekham, Southold Town Board Jim King, Chairmen Southold Trustees Martin Sidor, Chairmen Southold Planning Board John Kramer, Pres. Southold Voice Daniel L. Gobetz, Esq. RICHARD & SOPHIA GREENFIELD p.o. Hox 1505 Southold, NY 11971 DEC 3 1987 December 3, 1987 Southold Town Planning Board Town Hall Southold, N. Y. 11971 att. Mr. Bennett Orlowski, Chairman Dear Mr. Orlowski, and Planning Board Members: Enclosed is a copy of our variance application recently presented to the Zoning Board of Appeals. We have been informed by the Z.B.A. that since our agreement with the Planning Board to abide with a 100 foot setback preceded the Town ordinance estab- lishing that requirement, we have to get permission from the Planning Board to al4ow the Z.B.A. to review our request for a variance. As you are aware, both in reading our covenants, and working with us in passage of this subdivision, our concerns are environ- mental. We have expended considerable effort and expense over the past eight months in attempting to design a house on the site that could be built without destroying the woodland. Plans have sadly been abandoned because of the lack of space between the 100 foot setback line and an irreplaceable grove of mature trees. (Please see enclosed photographs showing the woodland and the distance from the 100 foot markers.) Therefore we would request that the Planning Board afford us the same opportunity that would be routinely offered to any other property subject to the same present Town ordinance -- namely the opportunity to have our request for a variance reviewed by the Zoning Board of Appeals. Thank you for your consideration. Sincerely, Richard & Sophia Greenfield By: Sophia A. Greenfield D Southold, N.Y. 11971 (516) 765-1938 December 8, 1987 Richard and Sophia Greenfield P.O. Box 1505 Southold, NY 11971 Re: Cabots Woods Dear Mr. and Mrs. Greenfield: The Planning Board reviewed your request with regard to your variance application for a reduction in the 100' setback from the bluff. It was the consensus of the Board that the 100' setback from the bluff be maintained. If ~ou have any questions, please don't hesitate to contact our office.~ Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals ~O: Bennett Orlowski, Jr., Chairman REPORT NO. 420 Southold n n ,,g Board JAH 11 t9 S FROM: John W. Davis DATE: January 10, RE: CABOT'S WOODS - MINOR SL~DIVISION AT PECONIC - MAP DATED 11/7/8~ COMMENTS: 1985 I made an insoection of the above property today in company with Mr. Richard Greenfield, owner, regarding access within the subdivision. ~he access road to the subdivision, approximately 4055 ft. in length and 10 ft.~- width, from C.R. 48 to the ~bdivision, has been updated and aporoved by the Town Building Department. Continuation of this access from observation appears to be within the 25 ft. R.O.W. shown for almost all of its length. ~he owner intends to hav~ the R.O.W. staked out prior to any road construction. Recommendations for road within the subdivision: 2. Remove topsoil. If some is over i ft., remove for i ft. only. 3. Replace topsoil excavation with clean fill to retain some elevations. 4. Place a 6" course of sand and gravel bankrun. 5. ~lace a top course of 1~" compacted 3/h" stone blend. ~here are no apoarent drainage problems. Emergency vehicles will have to use lot drive- ways for tlruing. The present traveled road (narrow but passable) continues through the subdivision and the Ross oroperty where a turning area is available.. (~ JOHN W. DAVIS Sidney B. bowne, PE., L.S. (1922-1959) Chester C Kelsey, P.E., I S. AlexandreW Mercil, PE Robert A. Stanton, P,E Robert W Brown. L.S ZabdielA Blackman, PE, LS GeorgeA Style, PE Jerry D Almont PE George L. Fagan Jr,PhD.,PE. Thomas R Pynchon, LS SIDNEY B. BOWNE & SON 45 Manor Road RECEivE BY Smlthtown, N.Y. 1 ;J~87~:r~ '~ ,' .~, b ~;,,~J (516) 724-061'~~u'~L' ~"'~' '~' ' ar ' ] August 25, 1987 Roland Anders Frank Capobianco Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens WHliam· Styne Richard B Weber Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Plannin9 Board 53095 Main Road Southold, New York 11971 Re: Final Inspection, Cabot Woods/Sophia & Richard Greenfield, Peconic Town of Southold, New York (SBB NO. 87153) Gentlemen: A final site inspection was conducted on August 20, 1987. Present were Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office. We find that the constructed access road was built in conjunction with the Town of Southold requirements and recommend acceptance. Very truly yours, SIDNEY B. BOWNE & SON CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) V. Lessard (Building Dept.) MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Southold, N.Y. 11971 (516) 765-1938 September 15, 1987 Sophia and Richard Greenfield Soundview Avenue SOuthold, NY 11971 RE: Cabot's Woods Dear Mr. and Mrs. Greenfield: The following action was taken by the Southold Town Planning Board, Monday, September 14, 1987. RESOLVED that the Southold Town Planning Board accept the access road report from Engineering COnsultant, Sidney Bowne with regard to the improvements to the access road of Sophia and Richard Greenfield, and the final inspection and acceptance of same. E~closed is a copy of that report for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. FILE COPY S~TY Southold, N.Y. 11971 obert Brown idney and Bowne and Son auppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application o~ (¥~ajor subdiv~sion,~nor sub~, s.ite plan) MATERIAL SUBMITTED: Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map ~ Other File # Suffolk County Tax Map No. Comments: ~O~i h~i~ ~ ~~.~ ~ ~ ~ Very truly yours, ~ f~ BENNETT O~OWSKI, JR., C~I~N SOUTHOLD TOWN PLANNING BOA~ .% 49'0~'S0'~. N.47'~3'$O"W.-I£ 6.49'0~'~'0"~, .¢ '\ SUi~VE~'ED FOI~ /Y/~ UD C AP::~LA~O~GAAI ]"OWN 0~' ~:D~T't. IOLD, AI. Y. $Cc flz: lO0' =1" 3. 4. 5. 6. 7. 11. 12. MINOR SUBDIVISION 6 copies sketch plan received spot elevations sent to Planning Board Meet with Planning Board Required changes sent in writing New submission received Approval of sketch plan Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrilctions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Hearing (within 45 days) Advertised ~ Affidavits of publication received Action by Planning Board (within 45 days) Sent to County Planning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map / t'J! ,~./~ BF, f'WJ.F-~ hlt~ovem~nt~ thereO.~. ~'~F suffolk an,t State t),,~nt or_.~).~'~t$~.HC;~; lrom ~nid point NO. ,,,n, Of a(~n~ ~;ollth 4lr~(~y n moflumrnt marK] ~ t~ e~thetlY ff~rm~tY - ~n~nt mar~ q The ~ut))('c~ 'L'-en foot. ~ L',~ubo~V~e:~'~p-tfl the hen ~~a[nr~ent io~ ~.~k~nq ear'men" of ~¢(~e~. te~t., eor~ ~r · ~hn l~int or p~a~' 1.036~, M59 TOWH OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...?.°. ~..//...<..'~.....~...'7.,~,.....~'.../..c...~...~....~.. ............ of .................. .../~..'.~.:....~....°..~....../.,,,~, .~...~.K ............... Name of Appellant ~--~,~,4,-~:'/~,cZ) Street and Number ................. .............................................. .......... : .~....'. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..,.,~/.~.,..~.~...~.....~..,~,.,~,......~...~....?...?'.,t~' WHEREBY THE BUILDING INSPECTOR DENIED '10 Name of Applicant for permit Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street /Hamlet / Use District on Zoning Map District 1000 Section~O°Biock~'Lot Map No. Lot No.-Z Prior Owner. ~/,9~-- C. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paranranh nf th~ ~.onina Ordinance by number. Do not quote the Ordinance.) ~_~,~ '~' - Section - ' 3. TYPE OF APPEAL Appeal is made herewith for (please check ~ppropri~te box) (/~) ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (ho._..s _not). been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................................... ; ................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X') A Variance to the Zoning Ordinance ( ) is requested for the re~son that 1) Building a residence, adhering to the 100 foot setback would result in a negative environmental impact to the property. This property has not been disturbed in over 100 years, and the natural tree growth has provided the protection to keep the bluffline, and the rest of the property stable. In fact, the property has been covenanted to protect the woodland, and the rest of the natural habitat. Mature woodland is not replaceable. By moving a portion of the house forward only 20 feet, it would be possible to build a house in a natural clearing, without disturbing the trees that have protected the area and created its stability. 2) Placing accessory buildings in the rear yard would place them on the Sound side of the house, in inaccessable positions, requiring excessive clearing and environmental damage. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticoldifficultiesorunneces- sory HARDSHIP because 1) Building further than 80 feet from the bluff would make it necessary to cut down a number of large mature trees. It would be environmentally far better to preserve'both the trees and the total natural woodland environment that they are a part of by moving a portion of the house 20 feet forward, than to destroy a group of 50 year old trees along with the natural wildlife that they foster. 2) Building a garage in the rea~ yard would place it in a position that would be inaccessable for a car, as well as placing it between the house and the water, thus blocking the view of the water and seriously decreasing the property value. 2. The hardship createdis UNIQUE and is notshared by afl properties alike in the immediate vicinity of this property and in this use district because 1) Because of the unique nature of the undisturbed woodland, building behind the 100 foot setback would require the destruction of numerous mature trees. An environmentally sound building site exists in a natural clearing forward of the trees. By rotating a portion of the building 20 feet forward, it can be placed in that clearing, leaving the trees to continue the natural protection they have provided in the past. 2) A garage or barn placed in the rear yard would also require the removal of trees to gain access. Two natural clearings exist south of the proposed house site in which these accessory buildings can be sited for privacy and constructed without violating the woodland. (see survey map). 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1) The neighboring properties all have houses built much closer to the bluff. The setbacks of the adjacent houses are: 39 feet (Sorrano), 24 feet (Troyano), and 15 feet (Ross). (see enlarged tax map). The requested variance is only 20%, and would still place the building completely behind (South) any of the neighboring buildings. The purpose of the ordinance is to protect the coastal area from erosion -- that purpose would be much better served by protecting the trees, and allowing them to provide natural ~rotection to the land, than by cutting them to achieve a specific setback dzstance, especially in light of the fact that the bluff has proven to be stable for at least as far back in time as we have surveys. 2) The property is very long and narrow. The rear yard represents a very small part of the lot -- in a waterfront property such as this, what is technically the front yard is for practical purposes used as a rear yard, and is much better suited to accessary buildings. The character of the immediate neighborhood is secluded and private and is one of the few unique wooded soundfront areas in Southold. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ' day of ......... 19 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Ly~riance~]~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject ~)f the Petition is located adjacent to your property and is des- cribedasfollows: C,~;~'OF',.~ ~/c~c~d~ . ~Z;~30~,,7/ c '~'W~",*',,~'~.O,,, / lo:;' '~ ~ o/z. ": /o0o- 3. That the property which is the subject of such Petition is located in the foUowing zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ ~ .~ ~ c r, ~ . ~c~ - / ~ ; '_ S. That the provisio, ns of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art.~icl~ Section ,,~,, _ //~. ~ [ ] Section 280-A, New Yo~k Town Law fo~ app~ova] of access ove~ ~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold New York and you may then and there examine the same dur ng regular office hours. (516) 76~1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner 0wne~s'Names: ~ ~. Post Office Addrms NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK SS.: , residing at , being duly sworn, deposes and says that on the day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) the construction of a residence and two ' Should 80~ setback be granted, we ~ ..... ....~....,...%'~" ".~.~'. ...,. ~ ' . ' .' ...... · .. .~.i'" '"'-"'.' ' -~.,''~ ' -~'/ ~ · accessory buildings, hope to be able to locate garage under - -~.~ ..... ,-.. ... ...... , '- ~ ....... ~ ~ ...... ~,, ~. ,_,,0 ...,.~ ~ ~/,...., ... ,.... ....... , , .... ..,,..... ~~~.~-~ ~....., , ...,.. - , ~ . . ~'..~. '.~ ~ . ' . . . .t' · · .".. -~.. ~.. ~ :.. .- ~.- -'., ' ..;. ,'..~ ~,~ ~.~ ~ · % '.. story woo~en structure with a footprint 1' .~ .-t..~.~ '~-. '.C'--- ~'' .... f~'-' .~' ' ''' ... ~' ~ :~ ~ ~ ~'~ between 600 and 800 square feet. ~' :' · .~' ...."-~ '' ' ~.-"~'~.,." ,~0~.. %~: ~,~.~.L~.~. ?~'.~'/'~-~..~"."~. -~' ~,' ~ /: / . V · ~,~w-~,'.'-..-.¢..-,..: - .. ,.~. '..-.--~ -- ./. · ~~'..: ..- -'~~'-~-~,~.,,.*s,:'~.-. '~.~.-~ -. ~, · I ~ % %~ .-, .~ . · :'- . . ..'' . . - . . · · ~ . ' · .. ' . ..' '.: .. ' · .~ . ' I ~ ~ '. ~,~ ,..., ..... . .. , , , · ~, · ,...~ . .. ~: ,. ~~.~ ~6'::.~ _.. · ..... -,. · · ~ ~. ~ u., ; .~ %- ~ . . ~x. ... · , ~. i 't~,_~ .~:t~ .. .. ....:~!//~; ..· Ix ~.,. I,'r' % ..:. X ./ ~' . ' "" . / · ': .~' " ""~- '..'.'. ' ' · ~ /~- ' I ' · · ,1' / "~ : '"'. ' ' .' ~' · . - 2: / ..~ ~":~.'~..'~ ~. ~ · ' z ~ ~~ ~ ~ . 310-- ~ · .. · ~' ~'-' .~:..Z~;-.~-~/ ,' ~ '~ ~.~, :. -~//.,~ ~, ~, ~1 / ~N .'- . · ~ - · ' · · , ~ ... '.'~.'. ~ , · . I _,~' .'.' .' -. · .%~ · ~. Ail~, ~ . -- %_~. ~1 I' I ._~ ~. : .... .~ ' . ...,. ~ ... ~ .';. _' ,':. ;~& ,,~- . ~ ,~~.~ · ~~, /'~'V ~. - ~ - '~. · .- . .' .. ./ /~.?_....~~.....: ~, __ ~ ~. ~ . ' '. · . . . . . ~ ; · . . ~ . . . · ., , · ... =~~~~~ , ~ . ' . · '..:' : ,~1~-.. · .-', ' ... ~.. g .~ ... ~ ' ~ .. ~ · ~ / D~T~IL. ,/ 940.0 j 119 . f ,/- %: "x, I o" 0 rZ f~ t,81 T ~: 9flV WILLIAM C. GOGGINS ATTORNEY AND COUNSELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone (516) 2984200 Fax (516) 298-4214 September 6, 1995 Cmniniti & Gibbons 54075 Main Road P.O. Box 846 Southold, New York 11971 Attn: Paul Caminiti WILLIAM C. GOGGINS Attorney at Law DONNA M. PALMER Pan*legal Re: Peter I. Aebisher and Mildred Aebisher v. Gary Stanzoni and Doreen Stanzoni Dear Mr. Camimti: Please be informed that this firm represents Mr. and Mrs. Aebisher in cmmection with the above referenced matter. I have reviewed your letter dated August 23, 1995 together with the deeds and surveys that affect the Cabots Woods property. There is a I0 foot right of way over the Aebishers parcel. This right of way is for the purpose of providing a pre-existing access for ingress and egress for Walter S. Ross. The right of way is also for the purpose of providing utilities such as Lilco and Cablevision and the maintenance thereof together with a walking access to the beach for all lots. There is also a 25 foot right of way which encmnbers lots 2 and 3 for the purpose of providing vehicle ingress and egress for lots 2 and 3. Consequently, the Aebishers do not object to the Stanzonis accessing their property by vehicle within the 25 foot easement. However, the Aebishers refuse to permit the Stanzonis to access their property by vehicle via the 10 foot easement. SOUTHC~LO 7©~VN -- PL~NN!,~G B0~D William C. Goggins, Attorney at Lmv Page 2 of 2 The planning board must have had section 280-a $ of the Town Law in mind when they established the 25 foot easement, to wit: "...sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and a frontage of fifteen feet shall presumptively be sufficient for that purpose." Please be further informed that the Stanzonis have not properly adhered to the 10 foot right of way. Any further use of the 10 foot fight of way shall conform to the deeded meets and bounds. Enclosed please fred a copy of a sm'vey dated September 26, 1990, delineating the location of the 10 foot right of way. If you have any questions or would like to discuss this matter, please do not hesitate to contact the undersigned. O'my ypurs; / WCG/dmp cc: Mr. and Mrs. Aebisher Southold Town Planning Board ~ Southold Town Building Department Southold Town Board Southold Town Police Department L 0 T I ROSS LOT 2 SURVEy OF PROPERTY at PECONtC TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y ~c~ / ='-'=,3¢/ PLANNING BOARD MEMBEI~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. V~ILLIAM J. CREMERS KENNETH L. EDWARDS Town Halt, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 26, 1996 Mildred Aebisher 15 Old Northport Road Huntington, N.Y. 11743 RE: Cabot's Woods Approved Minor Subdivision SCTM#1000-73-4-2 Dear Mrs. Aebisher: As discussed in our telephone conversation yesterday, please note that the Planning Board does not object if you wish to relocate the existing 10' wide right-of-way so that it is located within the 10' wide right-of-way shown on the approved subdivision. Please call me if you have any questions regarding the above. Sincerely, / dNNING BOARD M~EMBERS~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 18, 1996 Peter and Mildred Aebisher 15 Old Northport Road Huntington, N.Y. 11743 RE: Cabot's Woods Approved Minor Subdivision SCTM#1000-73-4-2 Dear Mr. and Mrs. Aebisher: On June 3, 1996, you attended the Planning Board's work session to discuss the above mentioned subdivision and, in particular, the 10' wide right-of-way located on your property. The Planning Board members discussed with you the fact that the subdivision was endorsed on November 30, 1984, and that it was not clear from the information contained in the file as to exactly which property owners had access rights over the 10' wide r-o-w. Mr. Orlowski, who was Planning Board Chairman at the time the subdivision was endorsed, and Mr. Ward, the current Planning Board Chairman, said that it appeared from a review of the approved subdivision map, that access to the four (4) lots within the subdivision was to be provided via the 25' wide r-o-w from Middle Road (C.R. 48). In addition, they said that it appeared that the 10' wide r-o-w was designed to provide access to the Ross property. Unfortunately, the Board members were unable to give you precise answers to your questions, and were able only to tell you how they assumed the map was designed. Based on the above, the Planning Board members do not agree with the statements made in your letter dated June 7, 1996. Please feel free to contact me if you have any questions regarding the above. Sincerely, Melissa Splro/ Planner cc: Planning Board Members Mr. D. Ward, Chairman Planning Board Office Town of Southold 53095 Main Road Southold, New York 11971 Dear Mr. Ward, 15 Old Northport Road Huntington, N.Y. 11743 June 7, 1996 I wish to thank you and all members of the Planning Board for meeting with us in your scheduled "Work Session" on June 3, 1996. A unanimous decision was reached only after a thorough presentation was made, and after an ex~ensive discussion was held to address the question regarding the 10~,OW over my property in the Cabot's Woods Minor Subdivision. Upon your review of our detailed application of May 7, 1996, and in related documents therein, as well as documents presented at the meeting, it was agreed that the 1 ffROW traversing Lot #2 was intended for the sole vehicular use of Mr. Walter Ross, LILCO and other utilities, and the owner of Lot #2. Only these aforementioned parties possess deeded rights for the vehicular use of the 10'ROW. Planning Board member Mr. Orlowski was chairman of the Board when the original application was made in 1984 by Richard and Sophia Greenfield. Mr. Orlowski confirmed with emphasis and clarity that Mr. and Mrs. Stanzoni, owners of Lot #3, as well as the owners of Lot #4, have clear access to their properties from the approved 25' road of Cabnt's Road Subdivision, and that they have no right to enter their properties from the 10'ROW in question. Further, the Board advised us to notify the Stanziones to vacate use of the 10' ROW over Lot #2 immediately. It was also noted that the 10~.OW in question "meanders" as much as 35' offcourse, from the Approved Sub Division Map. The relocation of the lffROW to comply with the Approved Map is appropriate now. In closing, I wish to thank you for providing clear answers to all questions posed in our application of May 7, 1996. Sincerely, Peter Aebisher and Mildred Aebisher TO: MR. BENNET ORLOWSKI, JR., CHAIRMAN TOWN OF SOUTHOLD PLANNING DEPT. FROM: MR. & MRS. PETER AEBISHER, May 7, 1996 RE: CABOT'S WOODS SUBDIVISION ~ ~ .......... We have come to believe that Mr. & Mrs. Stanzione, owners of Lot #3, are intentionally misinterpreting the Planning Board's approval in 1984 of the Cabot's Woods Subdivision, for the purpose of monetary gain. At the same time, we believe that their misinterpretation of the use of the 10' R.O.W. over Lot #2, sen, es to devaluate our property for their personal gain BACKGROUND In 1984, Sophia and Richard Greenfield applied for and won approval of their subdivision of Cabot's Woods property in Peconic, N.Y. Accompanying this approval, was an "Approved Subdivision Map", and a set of covenants dated 1984. Explicit within the site development, was the existance of two legal obligations that had to be met--oblilgations that were in existence prior to the Greenfield's purchase of the property. The first of these legal obligations was to Mr. & Mrs. Walter Ross, owners of a plot of landlocked land which is contiguous to our own and Stanzione's. Continuously, since 1953, Ross, alone, has had deeded rights to traverse our property (Lot #2) for the purposes of ingress and egress (Liber,3571 and 3819). This 10' RO.W. had to be incorporated into the subdivision in 1984. The second obligation concerned an "ELECTRICAL EASEMENT" granted in 1967, to permit LILCO, the Phone Company, and other Utilities the right to "CONSTRUCT, RECONSTRUCT, RELOCATE, OPERATE, REPAIR, MAINTAIN AND AT ITS OWN PLEASURE, REMOVE SINGLE LINES, OR POLES INCLUDING SO MANY POLES AND SUCH CROSS- ARMS ..." THEY ALSO HAVE THE DEEDED RIGHT TO" TRIM ANY TREES ALONG SAID LINES.. TO PERMIT THE ATTACHMENT OF COMMUNICATION AND TELEPHONE SERVICE WIRES AND FACILITIES OF OTHER PUBLIC UTILITIES AND TO CONVEY TO SUCH OTHER COMPANIES AN INTEREST IN THE EASEMENTS AND RIGHT-OF-WAY. HEREIN GRANTED.'(liber 6266) The legal use of the 10' R.O.W. over my property by utility companies extended to them a non exclusive, vehicular use, as it existed in common with Ross's vehicular rights.( and the owner of Lot #2's vehicular rights) This was incorporated into the subdivision in 1984, as well as in new deeds, and, by requiring underground installations of utilities in the 10' R.O.W., it satisfied the Planning Board's stipulation. Stanzione's Deed (Liber 1036) contains the following language in reference to the 10' R.O.W. Electrical privilege and Ross's: ".. for the purpose of ingress and egress and installation and maintenance of all utilities, including cablevision, for themselves, their successors and assigns and the present and future owners of Lots #2 & 4 (not Lot #3) in the aforementioned minor subdivision, as well as providing for the right of way hereinbefore granted to Walter Ross by Deed dated 1953..." The Approved Subdivision Map shows an interior gravel road, 25' wide, so placed to We are eager to receive your answers to the questions so that we might resolve this problem. It would be our pleasure to meet with you regarding this matter. Sincerely, i1,~ / Peter and Mildred Aebisher ~ Enclosed please find the following 10 documents: -Subdivision Approved Map -Subdivision Covenants (Original from subdivision, and 2 subsequent Revisions) -Electrical Easement -Ross's Deed -Rider of Contract to Sale (Nfork Bank & Aebisher) -Letter from Neufeld & O'Leary to Wickham -Stanzione's Deed (Lot #3) - Mosca's Deed CLot -Survey of Lot #2 (Aebisher) -Letter to T. Fisher, Dir. Southold Bldg. Dept. Our mailing address is as follows: Mr. & Mrs. P. Aebisher, 15 Old Northport Road, Hunt. N.Y. 11743. Home Phone-421-0742 provide ail four parcel owners access to their properties, as well as for providing the access rights hereinbefore.granted to Ross and to Utilities. This 25' road aiso conforms to Town Law (sec.208a) which stipulates that access to ones property must be offa 15' road, minimum, to accommodate fire apparatus, ambulances and other safety vehicles. This 25' Road connects to the 10' R.O.W. on my property which in mm leads to Ross's property. Also shown on the map is a 10' Walking R.O.W. which leads to a 40' wide beach easement for the benefits of Lots 2, 3, and 4. Unfortunately the instailation of the 10' R.O.W. by the Greenfields, did not adhere to the Approved Subdivision Map. It veers off my southern property line, in some places, as much as 35', thereby placing my property in jeopardy of adverse possession claims.(See Aebisher survey) PROBLEM In 1996, the Town of Southold Building Department ruled in favor of granting a building permit to the owners of Lot #3, Mr. & Mrs. Stanzione, on the expressed basis that access to their land is made via their own property off the 25' Interior Road of the Approved Subdivision. The current problem arises out of the fact that the Stanziones have begun building and continue to direct ail heavy equipment vehicles and their own cars over my property "on and off" the 10' R.O.W. ! They choose to not use their own property, and, consequently, are trespassing on mine. This interpretation of access increases their property by 10 feet, and ailows them not to have to build oer maintain their own driveway from the 25' Road! This situation has led aiso to damage to shrubbery, trees, and the R.O.W. on my property. It creates an impossible traffic situation in that there is no room for one car to pass another, thereby, overburdening the 10' R.O.W. In effect, the Stanziones want to use my R.O.W. as their personai driveway or view it as an extension of the 25' Road. They have been notified in writing last August, 1995, that they are trespassing. QUESTIONS FOR TltE PLANNING BOARD 1. What was the Southold Planning Board's intent and spirit regarding the purpose of the 25' interior Road of the Cabot% Woods Subdivision? Why does it end where it does on the map? 2. What was the Southold Planning Board's intent and spirit regarding the purpose of the 10' R.O.W. over my property (Lot#2)? 3. Do the owners of Lot #3 have the right to turn a 10'R.O.W. into a road? 4. Do the owners of Lot #3, in their deed, have the right to turn the 10' R.O.W. on my property into their private driveway? (To be used in common with Ross and Aebisher) 5. Under what circumstances, if any, does the Planning Board allow individuais to bypass their stated rulings? i~EU~'ELD & O'LEARy New York September 18, 1990 BY FACSIMILE (516) 298-8353 Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, New York 11952 Attn: Abigail A. Wickham Re: Southold Savings Bank to Aebisher Dear Ms. Wickham: I am in receipt of your letter of September 14, 1990 and the enclosed contract. The reinsertion of paragraph 6 is erroneous,. The reason that it was not included and that it was not discussed is that it is ~napplicable. Paragraph 6 deals with encroachments and consents for the erection of structures. We know of no such encroachments or consents as the property being purchased is vacant land. Additionally, we are not purchasing the property subject to any existing zoning ordinances and regulations, but rather, are purchasing a lawfully existing building lot. In view of the foregoing, please confirm that paragraph 6 is inappropriate, and is not included in contradiction with the rest of the contract, and was never agreed to. With regard to the seller's representation that the right of way which serves as access for the property owned by Ross has been relocated so as to make it adjacent to lot no. 3, please note that I asked my clients to confirm th~. However, based upon their view of the property they remain under the impression that the right of way has not been moved and, indeed, this was told to me by the building inspector when I spoke with him. The survey, which was originally prepared for the benefit of North Fork Ventures, Inc., and the bank indicates that the right of way remained within the middle of the lower portion of lot no. 2. The Planning Board required this right of way to be relocated adjacent to the westerly side of lot 2 along the boundary between lot 2 with lot 3 and 4. We all agree that the right of way must be relocated and the only issue is whether it has already been relocated. In order to expedite a resolution of this matter I have ordered a new survey, but I want you to be apprised of the fact that we are uncertain as whether or not the right of way has been relocated and that it must be relocated in the event it has not already been relocated. Please be kind enough to confirm the deletion of paragraph 6 which was never agreed to and was not within the contract that I provided to you and please let me know whether you have any other information concerning the relocation of the right of way in question. rely, DAVID S.J. NEUFELD DSJN/jb Enclosure -- Copy of survey containing arrows showing the requisite relocation of the right of way cc:~r. Peter Aebisher 15 Old Northport Rd. Huntington, N.Y~ 11743 May 2, 1996 Mr. Thomas Fisher, Director Southold Building Dept. Main Road Southold, N.Y. 11971 Dear Mr. Fisher, I wish to thank you for meeting with Peter and I on such short notice. Your professional opinion on the current dispute over the use of my property as a driveway by my neighbors Mr. & Mrs Stanzoni, is appreciated. In addition your assurances that Stanzoni's building permit was issued on the fact that access to their property fi.om the 25' bluestoned road of the subdivision satisfied any requirements fi.om your department, reconfirmed our beliefs. No consideration of the 1 O' R.O.W. on my property for that purpose was necessmy. As discussed, the Stanzoni's are not landlocked, nor do they face any other hardship regarding access to their property. The 25' bluestoned road provides access to all four parcels of the subdivision. Further, the R.O.W on my land is onlyl0' wide, not 15' as required by town law (Sec.280-a), to acccommodate fire trucks, ambulances, and other safety vehicles. We concur with your opinion that the 25' road meets the legal requirements of the Town of Southold regarding access to all four parcels of the subdivision. We wish to thank you again for your professional consideration of this matter. Sincerely, Millie Aebisher THRU ~ Mu~'r Br TYPED OR I~IIf~IT~D IN ~ s~.oLK cou~ ~ I MMltet~ TH ~ PAID IIy: L.s Suffolk County Recording & Endorsement Page Thispalteformspartoflheatbched ~.., c,¢ I madeby: (Daxl, Morlpgt, The pmabel ken, h k .#~:J~ed In SUFFOLK C~u~rrY, NEW YORK. or IIAMLL'T d' ~45ff ~ M ihe r~ pM1. Ind of th~ ordinary high vlter Iwrk o~ the ~ IIImnd Bound I) South 46 de~/ree. I] BJnuteg 20 ueco~ds ~al~t 247.?0 fe~t~ ~lst~ncm o[ 115.00 feet, The afore~ntioned '25 i~t [Jghtl of vny ire for t~ by De~ dated August 22, 1953 and record~ in Liar 3571 303, (ssid deed re~ervinq the ~lqht oi the grantor to. ~ke 3 line. IIo](ling Corp. and intended to be the right deed recorded in Liber 3819 at cp Subject to utility easements as they presently exist an~ as indicated in the a[orempfltioned ~inor subdivision mop and as attached hereto. Subject to, any state of facts the examination of the suvflivJaJon map known as 'Cabot's Woods" would ibM. SUI~3EC'r MORE~ER to the condition that tn the eYeflt hi~hvay ~hall be laid out on4 d~lcoted to t~e T~ o~ ~uthold extending In a general E~st-Meot dfrection, t~ right to t~ of 0o ~uch O~ said right-of-way Il My ~ loutherly of Naid public hi~h~oy shall thereu~ ceoge end terminate. d llde o(Middle R(md, (CIt 4~) md ~y lade o(I I0 ~ film o(w~; lunnin~ ~enc~ Sc~h 49 dt~e~s ~ mims~s GO e~nds W~ 455.~ ~t~; Thence Noflh 47 de~re~s .~) m ~0 sKnnds We~ I~.O5 feet; Thence North 4 Ide~ 46 mis 40 ___ _~_ [~ul ~J6.0~ Feel; Thence South ~5 de,.es 42 minus OO sec~ds Ga~ Id0.[4 fe~; and ~ B~INNING. The aub~ect premiaen La conveyed together vlth the following beach easement and ten foot walking right of way o~er land knc~n as lot No. 2 of the aforementioned Minor Subdivision 'cabot's Moods". Said beach ealement and walking ennement to be Iff ' the favor of thc grantor herein ns veil ns thc future owners of lots ~ and 4 ns shown on the &forensLd m/nor lUMlvillon mp of 1'he aforementioned beach ,~aaeeNent in described us follM* from the said polar nf begLnning! RONNINO ?Haling along the southwesterly aide of the aforemno- lalflnd Sound at the point or place of the SEGIMIIII~,,. wslkin9 right o! way ia described as follMt~ and Ih~ Fidclil? National Title i MAll. TO. WILLIAM C. GOGGINS ATTO RNEY AND COUNSELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone (516) 298-4200 Fax (516) 298-4214 September 6, 1995 Cmniniti & Gibbons 54075 Main Road P.O. Box 846 Southold, New York 11971 Attn: Paul Caminiti WILLIAM C. GOGGINS Attorney at Law DONNA M. pALMER Pamlegal Re: Peter I. Aebisher and Mildred Aebisher v. Gary Stanzoni and Doreen Stanzoni Dear Mr. Caminiti: Please be informed that this firm represents Mr. and Mrs. Aebisher in connection with the above referenced matter. I have reviewed your letter dated August 23, 1995 together with the deeds and surveys that affect the Cabots Woods property. There is a 10 foot right of way over the Aebishers parcel. This right of way is for the purpose of providing a pre-existing access for ingress and egress for Walter S. Ross. The right of way is also for the purpose of providing utilities such as Lilco and Cablevision and the maintenance thereof together with a walking access to the beach for all lots. There is also a 25 foot right of way which encmnbers lots 2 and 3 for the purpose of providing vehicle ingress and egress for lots 2 and 3. Consequently, the Aebishers do not object to the Stanzonis accessing their property by vehicle within the 25 foot easement. However, the Aebishers refuse to permit the Stanzonis to access their property by vehicle via the 10 foot easement. L ~[ANNJNG William C. Goggins, Attorney at Law Page 2 of 2 The planning board must have had section 280-a 5 of the Town Law in mind when they established the 25 foot easement, to wit: "...sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and a frontage of fifteen feet shall presmnptively be sufficient for that purpose." Please be further informed that the Stanzonis have not properly adhered to the 10 foot right of way. Any further use of the 10 foot ,right of way shall conform to the deeded meets and bounds. Enclosed please find a copy of a survey dated September 26, 1990, delineating the location of the 10 foot right of way. If you have any questions or would like to discuss this matter, please do not hesitate to contact the undersigned. ~ru!Y~,~; / WIL~FI~q/I (L~GQG~INS WCG/dmp cc: Mr. and Mrs. Aebisher Southold Town Planning Board Southold Town Building Department Southold Town Board Southold Town Police Department L 0 T LOT 2 600.00' ROSS L o T SURVEY OF PROPERTY ot PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 90-107 SUFFOLK COUNTY DEPARTr¢,~NT OF HEALTH SERVICES ~., ~ y~ OCT 0 4 ~ This is to certify that the peopese~ anangements for water supply inthe (T') '-'~OUT~'~/'J) with a total of -Z~r lots were al~'oved on the above ~te. Ceese~t is hereby given for the fili~j of the map o~ which this e~.~.~'~aeat river's in the OU::e of the County Cle~ in acc~nce : ........ , C~. t ! a~l Sophia ~reenfield, residing at Sound view Avenue, S~Id, N.Y. 11971, hereinafter referred to as Declarant. ~O the Declarant is the owner in fee simple of a certain pa! of land situate at Peconic, Town of Southold, SuffOlk County, New York, and designated on the amffolk count~ Tax MaP as District 1000 Section 073 Block 4 and LOt 2 containing approxi- mately 9.46 acres, to be known and designated as Lots 1 through 4 in the minor subdivision to be known aS "Cabot's Woo~s#, being the s~me premises acquired by the declaran~ by deed dated October 25, 1984, and I ~ks~Eeas the Declarant intends said premises for residential purposes and desires to preserve the scenic beauty of the area, provide sanctuary for wildlife, and protec~ natural vegetation to provide for future enjoyment; and to insure that all construction in the community is harmoniously designed and planned and values e~anced; T~erefore, the Declarant does hereby declare that the aforesaid premises an4 every portion thereof is.hereby held and Shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purChased shall be held subject to the covenants, conditions, and restrictions herein- after set forth. 1. No sanitary disposal facility shall be installed or construc- ted within 10~ feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edge of the bluff. 3. The al~proval of the subdivision shall be made smbject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. 4. No stormwater runoff resulting from the development and i~Drovement of the lots or the subdivision shall be discharged do~n the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge the bluff except t~t which may be necessary to control or ~ erosion or to prevent stormwater from flOwin~ over the 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and access to the beach. 7. Access to the beach shall be by means of a struct~e designed and constructed in a manner that will result in the least disturbance of the stability of the blUff. 8. No lot may be further subdivided in perpetuity. 9. Access to any of Cabot's Woods beach area of 302.47 feet be Strictly limited to owners a~d ~mests of the four lots and cennot be assigned or transferred to any other property orproperties or individuals. 10. Any residential building shall contain a mimimum of square feet of floor area exclusive ofgara~eS, carports, o{~en breezeways, patios, terraces and basements, with at least one story containing a minimum of 1000 square feet. IN WITNESS W~F~OF, this declaration has been executed the day and year first written above. On the ~ ~ day of ~/~/~'~ 1984, before ~e persuaally came~c~e~,~and ~d~%~t~to me k~w~ to be the individuals described in and who executed the fore~.oing instrument, and acknowledged that they executed the same. 11. No building, fence, wall or other structure, or change in landscaping shall be commenced, erected or maintained upon any lots, nor shall any exterior addition to or change or alteration ~f any thereof be made until plans and specifications showing the Proposed improvement, including the height and location thereof and the materials and colors to be used, shall have been submit- ted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, its successors or assigns. In the event said Declarant, successors or assigns fails to approve or disapprove the same within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. No trees shall be removed from the 10 foot walking right-of- way, as shown on the subdivision map, without the prior written approval of the Declarant, its successors, or assigns. 13. Use of the 10 foot walking right-of-way and of the beach easement in favor of lots 3 & 4 by the owners thereof or their guests shall be at their own risk, and the owner of lot 2 shall in no way be responsible for maintaining same or for injury to said owners or their guests. 14. The maintenance of the right-of-way over land now or formal- ly of Minakyan, providing access to all 4 lots from County Road 48 shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Department. 15. The maintenance of the 25 foot right-of-way connecting ali 4 parcels to the right-of-way over land of Minakyan shall be borne equally by the owners of all 4 lots, and said right-of-way shell be maintained in such condition as would satisfy the 1984 requirements of the Southold Town Building Department. 16. The maintenance of the 10 foot right-of-way traversing lot 2 shall be borne equally by the owners of lots 2, 3 and 4, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Dept. 17. The need for road maintenance and the cost of repairs, if any, based on the previously stated requirements, shall be deter- ~ned at least annually by the Declarant, its successors or assigns, subject to the approval of at least one other of the concerned Lot Owners. In the event said Lot Owners fail to either approve or disapprove the same within 30 days, approval will .be assumed. Upon being billed for any assessment by Declarant or its successors, each Lot Owner shall pay such assessment within 30 days of receipt of said assessment. Said assessment shall be a lien on the real property of the assessed lot. Declarant, its successors or assigns shall have the right to proceed in accord- ance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competen~ jurisdiction. 18. Ail of the covenants, conditions and restrictions contained herein shall be construed as real covenents running with the land and shall continue and remain in full force and effect at all times. Said covenants, conditions and restrictions shall be enforceable by the Declarant, their heirs, successors and assigns and the failure to enforce any of such covenents, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. 19. Except as set forth in paragraphs numbered 1 through 8, above, Declarant hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any person. ROBERT W. TASKER Town Attorney ° OFFI RNEY TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 November 20, 1984 Mr. Bennett Orlowski., Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Cabot"S Woods Subdivision Sophia and Richard Greenfield Dear Mr. Orlowski: I haVe reviewed the proposed Declaration of Covenants and Reetrtctions relative to the above Subdivision and approve the same as to form. YOurs very truly; ROBERT W. TASKER RWT :aa , 9687 . 215 DECLARATION Declaration made as of this %~ day of ~~ , 1984 by Richard and Sophia Greenfield, residing at Spund View Avenue, Southold, N.Y. 11971, hereinafter referred to as Declarant. Whereas the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000 Section 073 Block 4 and Lot 2 containing approxi- mately 9.46 acres, to be known and designated as Lots 1 through 4 in the minor subdivision to be. known as "Cabot's woods", being the same premises acquired by the declarant by deed dated October 25, 1984, and Whereas the Declarant intends said premises for residential purposes and desires to preserve the scenic beauty of the area, provide sanctuary for wildlife, and protect natural vegetation to provide for future enjoyment; and to insure that all construction in the community is harmoniously designed and planned and values enhanced; Therefore, the Declarant does hereb~ declare that the aforesaid premises and every portic~n thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions herein- after set forth. 1. No sanitary disposal facility shall be installed or construc- ted within 100 feet of the top edge of the bluff. 2. No residential structure shall be constructed within ~00 feet of the top edge of the bluff. 3. The approval of the subdivision shall meeting of all standards and requirements Department of Health Services. be made?subject to the of the Suffolk County 4. 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. 5. No grading shall be permitted within 50 feet of the top edge of the bluff except that which may be necessary to ~ontrol or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and access to the beach. 7. Access to the beach shall be by mean,s o$ a structure d~igned and constructed in a manner that w~ll result in the least disturbance of the stability of the bluff. 8. NO lot may be further subdivided in ~erpetuity. 9. Access to any of Cabot's Woods beach area of 302.47 feet shall be strictly limited to owners and guests of the four designated lots and cannot be assigned or t~ansferred to any other property or properties or individuals. 10. Any residential building shall contain a minimum of 1400 square feet of floor area exclusive ofgarages, ~arports, open breezeways, patios, terraces and basements, with at least one story containing a minimum of 1000 square feet. 11. NO building, fence, wall or other structure, or change in landscaping shall be commenced, erected or maintained upon any lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereof and the materials and colors to be used, shall have been submit- ted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, its successors or assigns. In the event said Declarant, successors or assigns fails to approve or disapprove the same within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. No trees shall be removed from the 10 foot walking right-of- way, as shown on the subdivision map, without the prior written approval of the Declarant, its successors, or assigns. 13. Use of the 10 foot walking right-of-way and of the beach easement in favor of lots 3 & 4 by the owners thereof or their guests shall be at their own risk, and the owner of lot 2 shall in no way be responsible for maintaining same or for injury to said owners or their guests. 14. The maintenanoe of the right-of-way over land now or formal- ly of Minakyan, providing access to all 4 lots from County Road 48 shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold T6wn Building Department. 15. The maintenanc~ of th~ 25 foot right-of-way connecting all 4 parcels to the right-o~-way~0ver land of Minakyan shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1984 requirements of the Southold Town Building Department. 16. The maintenance of the 10 foot right-of-way traversing lot 2 shall be borne equally by the owners of lots 2, 3 and 4, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Dept. 17. The need for road maintenance and the cost of repairs, if any, based on the previously stated requirements, shall be deter- mined at least annually by the Declarant, its successors or assigns~ subject to the approval of at least one other of the concerned Lot Owners. In the event said Lot Owners fail to either approve or disapprove the same within 30 days, approval will be assumed. Upon being billed for any assessment by Declarant or its successors, each Lot Owner shall pay such assessment within 30 days of receipt of said assessment. Said assessment shal~l be a lien on the real property of the assessed lot. Declarant, its successors or assigns shall have the right to proceed in accord- ance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection ~f any unpaid assessment in any court of competent 3urisdiction. 18. All of the covenants, conditions a~d restzictions con,aimed herein shall be construed as real covenants running with the land and shall continue and remain in full force an~ effect at all times. Said covenants, conditions and restrictions shall be enforceable by the Declarant, their heirs, successors and assigns and the failure to enforce any of such covenants, conditions and restrictions shall in no event be deemed 9 waiver of the right to do so thereafter. 19. Except as set forth in paragraphs numbered 1. through 8. above, Declarant hereby, reserves the right to alter, modify, terminate or annul any of these covemants in whole or in part without the consent of any person. L'~ C: L' IE IN WITNESS WHEREOF, this declaration has been executed the day and year first written above. STATE OF NEW YORK Go~W of,Suffa4k I. JUi2ETTE A.~KINBELZ.iA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of Nev~,Yor~ in and for said County (said Court being a Court of Record) DO H~Y ~.,G:KII:I~ fftat I hive rompe~Bd t~he annexed c6py of ~/'~kr~,~r'~ 2> of ~uoh original /~/~.~ ~' and TL~TIMONY WHEREOF, I have hereunto se~ m/y hand and ~ G~ly of /K_/.//.. affixed the seal of said Clerk. Public ARY PUBLIC. ~t~,te ef fl~w ~ / / / '/I / /- "/ Bouthold, N.Y. 119'71 (516) 765-1988 February 5, 1985 sophia and Richard Greenfield soun~V~eW Avenue Southold, NY 11971 RE= Cabot's Woods Dear Mr. and Mrs. Greenfield= The following action was taken by the Southold Town Planning Board, Monday, February 4, 1985. RESOLVED that the Southold Town Planning Board accept inspector John W. Davis~ report No. 4'20 regarding the access road within the minor subdivision of Cabot's Woods, with an amendment to line No. 1 to r~ad, "1. W~dt.. 16 It is requested that prior to any work on the improvements to the access road, the Planning Board office be notified so an inspection can be made. If you have any questions, please don't hesitate to contact our office. EnclOsed is a copy of the report for your review. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~OUTBOLD TOWN p~NNI~G BO~D ~ane M. ~chultZe, ~ec~re ry enc. $outhold To~n Planning southold Town Hall Southold. N. Y., 11971 Board January 8, 1985 Gentlemen: We are requesting a field inspection of the internal right-of-way in our sub4iv£sion .Cabot's woods", in or~er to de~ermine what improvements musk be made. Please set an appointment for me to meet with the inspector at the site at his earliest convenience. Thank you. RG/dg .? ,.! RECEIVED BY F~B! 4 ~ DATE l f: ./ .t / / LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of Town Law, public hearings vail be held by the Seuthold Town Planning Board at the Town Hall, Main Road, Seuthold, New York in said town on the 5th day of November, 1984 on the ques- t jori o[ t_b.e following: ~'~ p.m. Approval of the minor subdivision of Richard and Sophia Greenfield, subdivision to be known as "Cabot's Woods" cared at Peconic, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point marked by a monument at the southeasterly comer of the prem- ises herein described (which point is the northerly or north- easterly corner of land heretofore conveyed by Harrold E. Goldsmith and Alvah B. Goldsmith to Clarence F. Diller and Melrose J. DiBer by deed dated December 31, 1954, and which point adjoins the south- westerly line of land now or for- merly of Steve Sledjeski;) run- ning thence along said land of (contin next Legal Notices (continued from previous page) Diller, S. 49~ 08' West, a distance of 458.55 feet to a point marked by a monument and other land of Diller; running thence still along said other land of Diller, N. 47° 53' 50" West, a distance of 188.5 feet to a point; running thence still along said other land of Diller, N. 48~ 13' 20" West. a distance of 521.68 feet to a point marked by a monument and land now or formerly of Walter Ross; running thence along said land of Ro~, North 43° 0P 40" East, a distance of 158.70 feet to a point marke~ by a monument runmng thence still along said land of Ro~, N. 40° 17' 30" West a dis- tance of 365.54 feet to a point; runmng thence N. 3° 08' 20" West, a distance of 80.0 feet to ordinary high water mark of Long Island Sound; running thence in a southeasterly direc- tion along ordinary high water mark of Long Island Sound, a tie line course which nnm S. 83° 49' 30" East, a distance of 299.58 feet to land now or formerly of Henry Reichman; running thence along said land now or formerly of Henry Reichman, S. 49° 02' 50" East and passing through a monument a distance of 940.00 feet to the point or place of begin- fning. Containing 9.460 acres. 7:45 p.m. Approval of the final mal~s for the major subdivision of John Fellinger-Ihar, subdivi- sion to be known as "Woodbine Manor" located at Cutchogue. Town of Southotd, County of SuL folk, and State of New York and bounded and described as fbi BEGINNING at a point on the northeasterly side of Duck Pond Road, distant 238.00 feet north- westerly from the corner formed by the intersection of the north- easterly side of Duck Pond Road with the northwesterly side of Oregon Road; and RUNNING THENCE N. 39° 00' 00' West, along the northeasterly side of Duck Pond Road, 2582.67 feet to the comer formed by the interse- ction of the northeasterly side of Duck Pond Road with the south- easterly side of Duck Pond Road; thence N 33° 04' 00" east, along the southeasterly side of Duck Pond Road, 423.74 feet to the westerly corner of land now or formerly of Joseph Zuhoski and Peter Zuhoski; thence S. 40° 25' 00" East, along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1441.75 feet; thence S. 40° 27' 25" East, still along said land now or formerly of Joseph Zuhoski, 1238.06 feet: of Joseph Zuhoski and Peter Zuhoski, 1238.06 feet; thence S 49° 44' 40" West, 302.27 feet: thence S. 39° Off 00' East~ 2385 feet; thence S. 49~ 44' 40" West, 168.11 feet to the North easterly side of Duck Pond Road at the point or place of BEGINNING Containing 20.234 acres. Any person desiring to be hear~ on the above matter should appear at the time and place above specified. Dated: October 22, 1984 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN 1TO2~-4688 sTATE OF NEW YORK ) SS: couNTY OF suFFOLK ) of Greenport, in ys that ha/she is said principal Clerk of THE SUFFOLK TIMES, a weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copY, has been regularly published in said Newspaper once each week for weeks successively, commencing on the ~ day of OctObe~ principal Clark before me th~s 2 b Sworn to 19~_~4 day of October $outhold, N.Y. 11971 (516) 765-1938 November 29, 1984 Richard and Sophia Greenfield Sound View Avenue Southold, NY 11971 Re: Minor subidvision "Cabot's woods" Dear Mr. and Mrs. Greenfield: E~losed is a copy of your survey for your which has been endorsed by the Chairman. enc. approved subdivision Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board / / / t / / 1 / / t / / / / / / / / t / / / / / / FOR PARCEL NO, SEE SEC. NO 0?4 LINE T LD Southold, N.Y. 11971 (516) 765-1938 November 9, 1984 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY ~944 Re: Covenants and restrictions Sophia and Richard Greenfield Subdivision Dear Mr. Tasker: We are in receipt of the enclosed covenants and restrictions, for the minor subdivision of Richard and Sophia Greenfield. Would you please review same and let our Board know if they are in order. Also enclosed is a copy of the subdivision map, and we would appreciate hearing from you as this matter is on the agenda of the Board for the November 26 meeting for approval of the subdivision. If you have any questions, please don't hestate to contact our office. It should be noted that paragraphs 1-8 are the standard covenants required by the Board while the remaining are voluntary covenants proposed by the applicant. Very truly yours, enc (2) BENNETT ORLOWSKI, JR., CHAIRMAN ,~OUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of 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 5th day of November, 1984 on the question the following: 7:30 p.m. Approval of the minor subdivision of Richard and Sophia Greenfield, subdivision to be known as "Cabot's Woods" located at Peconic, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point marked by a monument at the southeasterly corner of the premises herein described (which point is the north erly or northeasterly corner of land heretofore conveyed by Harrold E. Goldsmith and Alvah B Goldsmith to Clarence F. Diller and Melrose J. Diller by deed dated December 31, 1954 and which point adjoins the southwesterly line of land now or formerl5 of Steve Sledjeski;) running thence along said land of Diller, S. 49o08, West, a distance of 458.55 feet to a point marked by a monument and other land of Diller; running thence still o along said other land of Diller, N. 47 53'50" West, a distance of 188.5 feet to a point; running thence still along said other land of Diller, N. 48o13'20,, West, a distance of 521.68 feet to a point marked by a monument and land now or formerly of Walter o Ross; running thence along said land of Ross, North 43 01'40" East, a distance of 158.70 feet to a point marked by a monument running thence still along said land of Ross, N. 40o17'30,, West a distance of 365.54 feet to a point; running thence N. 3o08'20'' West, a distance of 80.0 feet to ordinary high water mark of Long Island Sound; running thence in a southeasterly direction along ordinary high water mark of Long Island Sound· a tie line course which runs S. 83o49'30'' East, a distance of 299.58 feet ~) land now or formerly of Henry Reichman; running thence along said land now or formerly of Henry Reichman, S. 49o02'50'' East and passing through a monument a distance of 940.00 feet to the 'i~ge 2 point or place of b~nning. Containing 9.460~res. 7:45 p.m. Approval of the final maps for the major subdivision of John Fellinger-Ihar, subdivision to be known as "Woodbine Manor" located at Cutchogue, Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the Northeasterly side of Duck Pond Road, distant 238.00 feet Northwesterly from the corner formed by h~lntersection of the NOrtheasterly side of Duck Pond Road with the Northwesterly side of Oregon Road; and RUNNING THENCE N. 39000'00'' West, along the Northeasterly side of Duck Pond Road, 2582.67 feet to the corner formed by the intersection of the Northeasterly side of Duck Pond Road with the Southeasterly side of Duck Pond Road; THENCE N 33o04'00'' east, along the Southeasterly side of Duck Pond Road, 423.74 feet to the Westerly corner of land now or formerly of Joseph Zuhoski and Peter Zuhoski; THENCE S. 40o25,00'' East, along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1441.75 o feet; THENCE S. 40 27'25" East , still along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1238.06 feet; THENCt S. 49o44'40'' West, 302.27 feet; THENCE S. 39o00'00'' East, 23.85 feet; THENCE S. 49o44'40,, West, 168.11 feet to the North easterly side of Duck Pond Road at the point or place of BEGINNING. Containing 20.234 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: October 22, 1984 BY ORDER OF THE ~UTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN PLEASE PUBLISH ONE TIME OCTOBER 25, 1984 AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD MAIN ROAD, SOUTHOLD, Copies mailed to the The Suffolk Times NEW YORK. following on October 23, 1984: Supervisor Francis j. Murphy The Long Island Traveler Richard and Sophia Greenfield John Fellinger-Ihar LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of Town Law, public hearings will be held by the Southold Town Plan~ing Board at the Town Hall, Main Road, Southold, New York in said town on the 5th day of November, 1984 on the ques- o3Of the following: 0 p.m. Approval of the r subdivision of Richard and Sophia Greenfield, subdi- vision to be known as "Cabot's Woods" located at Peconic, in the Town of Southold, County of Suffolk and State of New York and bounded and de- scribed as follows: NE~I~INING at a point marked I~y a monument at the southeasterly corner of the premises herein described (which point is the northerly or northeasterly corner of land heretofore conveyed by Har- rold E. Goldsmith and Alvah B. Goldsmith to Clarence F. Diller and MelroSe J. Diller by deed da~ed December 31, 1954, and which point adjoins the southwesterly line of land now or formerly of Stev~ Sled- jeski); running thence along said land of Diller, S. 49° 08' West, a distance of 458.55 feet to a point 'marked by a monument and other land of Dillet'~ 'funning thence still along said other land of Diller, N. 47° 53' 50,, West, a distance of l~.~i;feet to a point; running ~ still along s~/d other hmi of Diller, N. 48° 13' 20" West, a distance of 52L6gfeet to a point marked by a monument and land now or formerly of Walter Ross; run_.ings thence along said land of Ross, North 43° 01' 40" East, a distance of 158.70 feet W a point marked by a monument running thence still along said land of Ross, N. 40° 17' 30" West a distance of 365.54 feet to a point; running thence N. 3° 08' 20" West, a distance of 80.0 feet to ordinary high water mark of Long Island Sound; running thence~ in a southeasterly direction along ordinary high ~te~ mark of Long Island Sound, a tie line course which runs S. 83~ 49' 30" East, a distance of 299.58 feet to land now or formerly of Henry Reichman; running thence along said land now or COUNTY OF SUFFOLK STATE OF NEM/ YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and ~hat the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ./.. ........... weeks successiveh/, commencing on the ~,~z~ .................. Sworn to before me this ............ ~.~,.,..~....Z. .......... day of ~ ~--~.'~-~ ~ 19....~'.~. Notary Public BARBARA FORBES Notsry Public, State of New York No. 4806~6 Qualified in Suffolk County Commission Expires March 30, 19 f~ ~ormerly ot Henry Reichman, S. 49° 02' 50" East ant passing through a monument a distance of 940.00 feet to the point or place of beginning. Containing 9.460 acres. 7:45 p.m. Approval of the final maps for the major subdivision of John Fellinger- lhar, subdivision to be known as "Woodbine Manor" locat- ed at Cutchogue, Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the Northeasterly side of Duck Pond Road, distant 238.00 feet Northwesterly from the corner formed by the intersection of the Northeasterly side of Duck Pond Road with the North- westerly side of Oregon Road; and RUNNING THENCE N. 39° 00' 00" West, along the Northeasterly side of Duck Pond Road, 2S82.67 feet to the corner formed by the intersec- tion of the Northeasterly side of Duck Pond Road with the Southeasterly side of Duck Pond Road; THENCE N. 33° 04' 00" east, along the South- easterly side of Duck Pond Road, 423.74 feet to the Westerly corner of land now or formerly of Joseph Zuhoski and Peter Zuhoski; THENCE S. 40° 2.5' 00" East, along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1441.7S feet; THENCE S. 40° 27' 2S" East, still along said land now or formerly of Joseph Zuhoski and Peter Zuhoski, 1238.06 feet; THENCE S. 49° 44' 40" West, 302~27 feet; THENCE S. 39° 00' 00" East, 23.85 feet; THENCE S. 49° 44' 40" West, 168.11 feet to the North easterly side of Duck Pond Road at the point or place of BEGINNING. Con- taining 20.234 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: October 22, 1984 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN IT- 10/2S/84(S) ~D Southold, N.Y. 11971 (516) 765-1938 October 23, 1984. Mr. and Mrs. Richard Greenfield Sound View Avenue Southold, NY 11971 Re: Cabot's Woods minor subdivision located at Peconic Dear Mr. and Mrs. Greenfield: The following action was taken by the Southold Town Planning Board at the regular meeting of October 22, 1984. RESOLVED that the Southold Town Planning Board set Monday, November 5, 1984 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for a public hearing on the question of approval of the minor subdivision of Richard and Sophia Greenfield to be known as "Cabot's Woods" located at Peconic. Enclosed is a copy of the to the paper for publication. If you have any questions, contact our office. legal notice which was sent please don't hesitate to Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. P ,D $ S0uth01d, N.Y. 11971 (516) 765-19~8 NEGATIVE DECLARATION September 10,'1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act 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 Sophia and Richard Greenfield is a subdivision of 4 lots on 9.460 acres located at peconic. 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 effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response from the Suffolk County Department of Health Services, it is assumed that there are no comments or objections by that agency. Because there has been no response from the Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M-. Schu~tZe~ Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Commission F r a n c i s J. MUrpphYaso~£ Richard and Greenfield, applicant Southold, N.Y. 11971 (516) 765-1938 September 12, 1984 Mr. and Mrs. Richard Greenfield $oundview Avenue Southold, NY 11971 Re: Minor subdivision of Richard and Sophia Greenfield Dear Mr. and Mrs. Greenfield: The following action was taken by the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board overrides the Suffolk County Planning Commission's resolution of disapproval after review of same and pursuant to the request of the applicants for the minor subdivision of Richard and Sophia Greenfield located at Peconic. it was also RESOVLED that upon receipt of notice that the applicants have obtained approval from the Suffolk County Department of Health Services pursuant to Article 6, the Southold Town Planning Board will set a public hearing date on the approval of this minor subdivision of Richard and Sophia Greenfield at Peconic. If you have any questionst please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN iUTHOLD TOWN PLANNING~OARD ane M. Schultze, S~cretary South01d. N.Y. 11971 (616) 765-1938 NEGATIVE DECLARATION September 10, 1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act 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 Sophia and Richard Greenfield is subdivision of 4 lots on 9.460 acres located at peconic. The project has been determined not to have a significant effect on the environment for the following reasons: a An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response from the Suffolk County Department of Health Services, it is assumed that there are no comments or objections by that agency. Because there has been no response from the Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M-. Schul-t~e~; Secretary, Southold Town Planning Board, Main Road, $outhold, New York .-~ 11971 ..... ~ -- 1984 August ~8,1984 Er. Bennett 0rlowski,Jr.~Chairman Southold Town planning B~ard ~ain R~ad Southold, h~Y llg?l Re: Richard & Sophia Greenfield ~inor Subdivision Dear Mr. 0rlowski & ~embers of the Board: With reference to the mission's letter of Jude V, to consider the following: Suffolk County Planning Com- 1984, We would ask the Board The 4,08§ foot right-Of-way is outside the metes and bounds of the property being subdivided. It was mutually agreed by the Southold Town Zoning Board of Appeals and the Building Department that the Building Department has sole JuriSdiction over this road, and we have agreed with the Building Department to restore this road to their satisfaction. The proposed right-of-way within the sub- division has been laid out following the contours of the land and a pre-existing traveled road. It was designed to preserve as much of the natural growth as possible. Comment l: We would be delighted to indicate by deed that at any time that Southold T~n opens and makes usable a new East-West road North of Route 48, all rights of access would connect to the new road, and all use of the present access road south of the new road would cease. Comment We have been advised by our attorney that creation of a common stair to the be~ch will with regard to separate parcels: 4. 5. 6. Create infringement on the individuals right to use of his own property. Create serious questions as to responsi- bility for maintenance and liability among parties involved. Involve parties in involuntary contracts. Create property rights in favor of others. Create easements in favor of others. Cause possible unmarketable titles. Adversely effect value and marketability of property. In light of the above, we request that the Southold Town Planning Board override the'Suffolk County Planning Commission's disapproval and that this matter be placed on the next available Planning Board agenda. Thank you for your attention regarding this matter. t,J'~"~ V e~r ~J~r~kly ~our s, , _ Sophia Greenfield RG:SG/sel cc: Victor Lessard, Building Department SEP 2 8 TOWN OF OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 765-1802 September 28, 1984 TO: Chairman Planning Board--Bennett ~,lowski FROM: Executive Admin.--Vietor Lessard ~ SUBJECT: R.O.W. to R. & $. Greenfield Sub-division VL:hd Gentlemen: Work has.been going on all this week on the Right of Way to the Greenfield Sub-division. It is my opinion that the requirements to up- grade this approved Right of Way has more than met the requirements of the original ap- proval and that of today. The updated approval has been given by this Department as of this date, September 28, 1984. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER ~, COHALAN SUFFOLK COUNTY EXECUTIVE JUN 12 [084 LEE E. KOPPEL~IAN DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: June 7, 1984 Minor Subdivision - Richard & Sophia Greenfield Approximately 2,300 feet westerly from Henry's Lane and 4,055 feet to the north of Middle Road, C.R. 48, Peconic, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on June 6, 1984, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Richard & Sophia Greenfield", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to dis- approve said map for the following reasons: The future lot owners will have to depend upon a 10 foot wide by 4,055 foot long right-of-way for access to their properties. This access, because of its excessive length, may be restrictive to use by emergency and service equipment. In addition, the access will present extraordinary clearing problems during periods of heavy snowfall during the winter months, under which condition the resi- dences can become isolated. The proposed right-of-way within the subdivision contains angular bends which will make use by a vehicle difficult. The proposed right- of-way is also not consistent in location and width. The Commission also offers the following comments on the map for your use and consideration: It is suggested that the subdivision be redesigned with consideration being given to providing for a future right-of-way for the proposed collector road shown in the Town's Master Plan. Such a road can still be laid out by extending Blue Horizon Court westerly with it passing just north of the land where the County has acquired development rights. The existing right-of-way up to the subdivision should only be used as a temporary access to the property and abandoned when the road is constructed. Mr. Bennett Orlowski, Jr. - 2 - June 7, 1984 Re:Minor Subdivision - Richard & Sophia Greenfield The only access to the beach for all four lots should be restricted to the walking (pedestrian ?) right-of-way. Very truly yours, Lee E. Koppelman Director of Planning c~arles G. Ll~nd, Chief Planner Subdivision Review Section File: S-SD-84-05 CGL:jk Encl.: Map cc: Robert A. Villa, P.E., S.C.D.H.S. SU~Y $outhold, N.Y. 11971 (516) 765-1938 April 10, 1984 Mr. Gerald Goehringer, Chairman Zoning Board of Appeals Town Hall Southold, NY 11971 Dear Mr. Goehringer: The following action was taken by the Southold Town Planning Board at the regular meeting of April 9,1984. RESOLVED that the Southold Town Planning Board request that the Board of Appeals review the approval of the 280-a,~iven for a right-of-way to one piece of land owned by Harold and Alvah Goldsmit~ to determine if it is still applicable. The Planning Board presently has an application before it to subdivide this piece of land into 4 lots. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN S~.THOLD TOWN pLANNING BOARD By Diane~M. Schult~e, Sec~tary TOY3 Sgt OLO $ UF. FOLK~£O~U~N~TY Southold. N.Y. 11971 HENRY E. RAYNOR, Jr_ Chairman ~]AMES WALL BENNETT ORLOWSRI, Jr. GEORGE RITCKIE LATHAM, .Ir. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 April 13,1984 TELEPHONE 765-1938 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: (Map of) (Minor Subdivision) 'Hamlet Peconic Tax Parcel Identifier No. Richard and Sophia Geeenfield 1000 073 4 2 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) Other material ; Topographic Map ; Street Profiles (1 ; Planning Board Res. (specify and give number of copies) (1 copy) ; copy) ; (1 copy) ; Waiver of Subdivision Requirements - See attached sheet Comments: X Very truly y~. ~x Henry i~. Raynor, ~Jr., chairm n x sony Southold, N.Y. 11971 (516) 765-1938 April 10,1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Sophia and Richard Greenfield, lo6ated at Peconic. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. .. May we have your views on this matter. Written comments on this project will be received at this office until April 25, 1984. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ' B y~D~ .~-S'c~r'e t~a r y~ f~/ enc. cc: Department of Health Services stay Southold, N.Y. 11971 (616) 765-1938 April 10, 1984 Mr. and Mrs. Richard Greenfield Soundview Avenue Southold, NY 11971 Dear Mr. and Mrs. Greenfield: The following action was taken by the Planning Board at the regular meeting of April 9, 1984. RESOLVED that the Southold Town Planning Board declare itself lead agency under the State Environmental Quality Review Act for the 4-lot minor subdivision located at Peconic of Richard and Sophia Greenfield. An initial determination of non-significance has been made. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN UTHOLD T(kWN PLANNING~BOARD By DiSJ%e M. Sc~hultze, Secretary SLaY $outh01d, N.Y. 11971 (616) 765-1938 April 10, 1984 Mr. and Mrs. Richard Greenfield Soundview Avenue Southold, NY 11971 Dear Mr. and Mrs. Greenfield: The following action was taken by the Planning Board at the regular meeting of April 9, 1984. RESOLVED that the Southold Town Planning Board declare itself lead agency under the State Environmental Quality Review Act for the 4-lot minor subdivision located at Peconic of Richard and Sophia Greenfield. An initial determination of non-significance has been made. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN UTHOLD TOWN PLANNING~BOARD By DiOJ%e M. ScqSultze, Secretary APR 6 1984 April, 1984 Southold Town Planning Board, Southold Town Hall, Main Street, Southold, N.Y. Re:Minor ~ubdivision Cabot's Woods Attention: Mr. Henry Raynor, Chairmah Dear Mr. Raynor; In view of the demanding schedule of the Planning Board we have chosen not to request a formal appointment on the agenda. Should there be any comments or questions re the minor subdivision Cabot's Woods we would appreciate being addressed at the next Planning Board meeting, April 9, 1984. Thank you, Riohard and Sophia Greenfield That the ga~age be located at least 20 feet from Ma~k Road in the Backyard a~ea as determined By the o~tginal f~ont vhioh was on Yo~gs Avenue.. Vote of the Boa~d~ A~s~- ~essrs~ Gi~isp~e, Ber~n~ Hulse. ..... ~LIO ~G~ Appeal No. ~8~ - 7~ P.M. (E.~.T.), upon applicatim of ~o~ E. ~Alv~ B. Go~S~tB~ Wells A~nue~ SouthoXd~ Ne~ Y~k~ fo~ approval of access ove~ p~ivate ~Y, t-of-~ off no~th side 80A. ~catlon of p~operty~ Prints ~l~ B~ Middle R~d (0R27)~ wes~ ~y. u. ff--~- . , . [~~:: ..... ~e Chair~ opened ~ ~lng By reading approval of access~ ~gal notice of ~lng~ ~f2davit attesting ~ ~;pl~:~ll,a~ton~ in t~ ,fl,cia1 ne,,~ap,~s, ~d notice to -~ C~= 'Xs t~e ~yone p~esent who wishes t9 s~ak fo~ t~s appl~cation? ............... - ' THE CBA]ltMAN: How deep does you~ property extend Back from high tide? ', ..... ~ ............ ~ owned a farm in the 40is ~:....- TBE CBAIR~V~N: What was the total acreage of the farm, %0 acres? 1~. GOLD~FLITB: That wac the original total- .... GO~H: At t~ ti~ this was subJeo~ to was never exercises. ......... conversation. T~Z CItA~RIZ~I: This is the only posslBle ~Y you have t? set to thi~-propert~. ~t is_lO foot wide and m~as~es a mile and one- tenth. XtJs a toug~x rosa. No~ you want to sell this whole nine acres to one individual? Who is the individual who has the place now? ,- 1~. GOLI~I~TH~ 1~. Koss; m~ property on the east. He has a risht-of-waY over t~ sa~ road but Just uses ~t ~n ..... T~ C~ ~s ~l~t-of-wa~ w~de~s off tM l~e. You ~ one th~ w c~~t do is ~ut a ~l~t-of-wa~ ove~ so~one ~. GO~2'~ You ~ .~ou .Wou~ .~equ~ a..cop~ of t~ Deed~ :~-."THE Ct~IKY~N: I th~nk it should be In the ~ecord. 'The the ~tate ~w ao~w~t~ ~loh ~ ~vo ~ P~ to do. Ztate ~w ~equ~es 16 feet. ~ :-. of that fact~ rega~ding width ama r=gn~-or-way. $on~/g. ...... ; TI~ CHAIB/4AN~ 'I was wondering what the thinking w~s when you ;~ sold it tn reg~ds to passing. You could not pass ~o ve~o~s on a 10 foot ~i~t-of-w~ ~. GO~ ~e ~e seve~a! t~n,Offs. ~, ~I~E~ If a fellow mined the p~operty and wanted to put up a fence~ that would be the end of the turn-offs. 1~. BEBGEN~ Lots of places are ei6ht or ten feet f~om the road. 1~, GOLD.~ICTTH~ ';At t~ time' t~ ~ed was ~a~ it ~s ~de~sto~ there would be a 10 foot' rift-of-way. I don~t ~ ~n the e~ct bo~d~tes ~e del~eated. I wish I ~d ~o~ t~s was re quired. ....... 7ou~ producing the De. ed..(Th~. Chai.rm~m:reaa. x,'r_~om_~,~e,,.r.=u.A~ .~.. ") "No pe~t sha~ be ~ssue~ ~Ss s~ree~ or n~ ~u~v~., ~... ~. GO~H= T~t applies to subdivisions. ~ C~ (oonttnu~g to ~ead "where it wou~ pr~uoe ~- necess~ h~ds~p the applic~t ~y appeal to ~ Adm~istration office~, Bui~g ~specto~ etc."). That la t~ autho~i~ ~der ~lch ~ ~e ope~ating ~e. I o~ ~e~er ~n 280A ~s o~tgt- nally put ~, ~d X ha~ ~een deaXing with it s~ce 196~67. ~. ~y, Bul~ing ~spector~ It ~aa in longer t~n that ~d nobly paid much attention to tt ~til b~ks ~d city la, ers beca~ interested in .... l~t. GO~aDSI4XTtt: '(Referring to ~p) This ie something that has been proposed fo~ Just so many ~ears I hesitate to b~g ~t up. T~e Is a ~oad ~o~ns ~om ~o~dview Road ~d connecting with wou~ Sa[~ ~ th~ one-ha~ way x'rom ex~S~S~ ~oa~s ~ v~- ~-. ThE CIL~ How much further do they have to go? · '' 1~o' GOLD~I,~I~ ~ think one o~' t~o fa~r~. There is a road now that goes up to Vails Road. TBE CBAIRMAI;~ Xs that a To~n Road. · ...... 1~. TERRY, Building .~n. spector~ itwil! be .eventually. ~. GOIDS~TR~ "(Discussing the map with the Board members) This dotted line shows two ~oads; two separate ~oade eventually going through there. This was originally proposed connecting with ~oundview and O~egon. "THE property. ~R. GOLDB~ITH~ Vtls a couple of thousand feet to get to you~ This line will go through the middle of it. 1~. HAROID GOLD~I~ITI~ If and when that highway went through we ~ou~ give ~ o~ ri~t~of-~y to No~h Road. ~ C~l X w~de~ if ~hat sho~ not be-~serted in action of this'Bo~d. Xt will ha~ to be i~roved, ~d t~ only th~s we c~ appPo~ Is t~ ~ea ~de~ d~soussion~ subject to ~spe~ion of t~ Bui' ~ing Dep~t~nt.~ X would think you have to Set a bulldoze~ ~ ~d ta~ down t~ ~dscrow. ~ight-of-~y.. .... ~ C~ ~ p~esu~ ~u ~e asking for access because ~ou ~e going to se~. ...... ~. A. GO~~ The people ~ho a~e in~e~ested ~e because t~F ~t to bulld a house, on it. ~re is Just o~ T~ O~l Is there eleotrici~?.. ~. H. GO~S~H~ Yes; ~d telephone. ~ CM~ It' ~s to be suitable fo~ e~rgenc~ veh~c~s; fire truc~, a~u~ce, etc. -6- I~R. GOLDSMITH: I can only say I assume from what I heard that the prospective buyer has been up there many times and is willing to proceed if he san get permission to butl~ a home. So, we a~e here to comply in any way we can with whatever rules and regulations there a~e. ~"~is situation has existed from a long time ~efore regulations._ . -,- ~T~E O~A~I~MA~: We cantt ~e put in the position of g~anting a right-of-way over someone elsets property. ~R. GOLDSMith: Would t~e width or the location of the r~ght- of-Way have any ~ea~ing? The fact that the right-of-way has been lO feet wide for ove~ twenty years and that it was prior to zoning, would this have any ~ea~ing? T~E CBAXRMAN: X think it does ~ut this mae .~_wanf~.t~o_ sub- di~_vide-it so the righ~-~Y~ prob._le~m. ~ What we would g~ant wou-d be-1 f~ on-~g~terly line o~ the Diller property. 'I~. GOLD~MXTH:' Xt is along the easterly line of the property. There is an existing right-of-way now. vt eau be shared._ '~ THE CHAIRMAn: We ~un into a situation...'there may be a tree so the right-of-Way hat.ally goes a~ound the tree. ~ou may wander over on Ross~s p~operty. ~R. GOLDSMITH: Ross is on the northwest corner. 1~. BERGEN: This property surrounds him? THE CBAIRI~AI$ Bis property crosses your property? NE. H. GOLD$1~TR: ~X suppose whoeve~ buys it oou~ ~ke the access w~reve~ he ~nts ~. B~G~ The road has to be improved for fi~e t~ucks and a~ul~ces. ~. A.~0~: ~ey can't ge up the~e for t~ other people. ~hese ~eple ~ve the sa~ access as we ~. ~E~ ~ey were there before we were responsible. T~ 0~ ~ew ~y pecple use that ri~t-ef-way2 ~. ~O~S~: Ross. ~e so,times uses the access of Retch~m. He ~s a friendly relationship. He goes t~t way septics. ~ fact *f the ~tter ts that the D~lle~s ~e responsible and t~y would have to ~intaim that access better f~m. ~here ~s been nc fuss abe~t it. · ~ O~ ~re will be a fuss sow because this fell~ wants to buy ~d w~ll have te improve the ri~t-ef-way fc~ fire -7- trucks and what he will have to improve is 10 feet. I think should postpone d~oision until we see you~ Deed. ~. GOIDS~LTTH= Z would be very happy to get it for you. ... 1~. RUI~E~ ~s It so--thUg that is pressing? 'Do you ha~ Deed at ho~? We oo~d postp~e ~til later this evening. -~. GO~S~ I wou~ have to ~et hold of Rennie Terry. .believe ~ ~s a cop~. ........ : -' ~ ~: I Believe t~ Bo~d Is inclined to act favorably subject to a defied right-of-way because if it is no~ ae~xnea, would ~ve to defoe ~t. ..... T ~ C~ "Is there ~yone present who wis~s to s~ak against this application? · (~ere was no ~esponse.) ~ter ~vestigation and ~spection't~ Bo~d'finds t~t the appli~t ~eq~sts permission fo~ approval of access over private ~l~t-of-way ~ acco~ce with t~ ~tate of New York To~ Section ~8~. A rift-cf-way borde;s the eas~e;~ l~ne of p;ope~ty of Dil~ ~d has been-used for ove~ t~nty ye~s. ' ~etained ~x~-ox-~ ~v~f ~-::[e[t;-~o one individual who '' app . .P ....... ;_ .~ ~+ ~ ~l~t-of-way ~s 10 feet wide~ ~s~s ~o muxAa a ~v~= ~- --. ~ Pecontc~ New Yo~k. o ucc tactical dtffloulties o~ unneoessa~ n~s~xP~ p~ d P a 1 ~o ~ties created ~s ~ique ~d would not be .~ed ~dX,~t~Fsa, use e i~diate vitrify of this prope~ net~o~hood, ~d WXA~ ~v~eA-v= On motlonb7 1/~. Gtlllspie, seconded by Mr. Hulse, it was RE~0LVED Harold E. and,~.lvahE. Goldsmith, Wells Avenue, for. Locati n P P right-of-way as ap~ie~....==., n~ad 10R27)- Peconic, New of-way off nor ....... ,.~ east bv Peconio properties bounded novth by H. & A. UOAa~m~, ic n. outh by mddle oad west by O. iiler H~ry Re --._ ~-~roval of access is GRANTED subject to the follO~ing conditions: · -8- 1. Applicant must produce Deed showing that 10 foot wide right-of-way bordering the easterly line of property of Diller does exist. 2. Xt is understood that one residence may be constructed on this. property. .... . \ - -' 3. That the right-of-way be improved to the satisfaction of the Building Department in order to provide for access of emr- ~ncy vehicles such as fire trucks, ambulances. ' ~.' This actiOn to become final when the applicant produces Deed showing proof of existence of 10 foot wide right-of-way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. " PUBLIC ~J~R]2~GI Appeal No. 1382 - 8:00 P.M. (E.S.T.), upon application of Eenneth ~chold, ~oundview Avenue,'~outhold, New ~ork a/o ~a~Ael $, CoMn, ~eton Drive, Southold~' New Yo~k, fo~ a v~l~ce in second,ce with ~M Zonin~ ~d~ce, Mticle III, ~ection 300~ ~ubseotion 6 &~ticle XII, ~ction 309~ fo~ pe~- mission to locate accessory buildin~ ~ f~ont y~d ~ea. Location of p~ope~ty; no, th side or,eton Drive, ~ou~hold, New York, bo~ded no~tBby ~. I. ~o~d~ east by ~o~e C. ~11~ sou~h by ~eton ~i~ ~st by G. A. Gol~e~. Fee paid $~.00. '' T~ C~mn- opened t~ ~tng by,ending t~ application f~ a v~i~ce, legal notice of ~ing, ~fidavit attesting ~o its p~blication In t~ official newspa~s$ and no,ice to t~ T~ C~ ~s the~e ~7one p~esent who ~ishes to spe~ for this application? ..... ~. ~H ~H0~x I am here in reference to t~ application but have nothing to state ot~ t~n w~t Is ~ the application. T~ C~ This is ~ application fo~ ~ accessory build- ing in the front ~d ~ea. The backed ~ea Is ~ong Isled go~d. There are other acoeaso~buildings in t~ ~ont y~d ~ea of ~eton ~ive. T~ C~ ~s the~e ~yone present who wls~s to s~ak against this applioa~ion? ~. B~G~ Has t~ applic~t rheum2 of buildins ~ attached ~. ~BO~ Xt ~s been discussed. It's a ~rs~al thing. It ~ould probably be bette~ attaz~d because it weald be in the bul~ing line. S ¥ S0uthold. N.Y. 11971 (516) 765-1938 April 3, 1984 Mrs. Sophia Greenfield Sound View Avenue Southold, NY 11971 Re: Minor subdivision of Richard and Sophia Greenfield Located at Peconic Dear Mrs. Greenfield: The Board met following field inspections on March 30, 1984 and the following action was taken. RESOLVED that the Southold Town Planning Board approve the sketch map of Richard and sophia Greenfield for a 4-lot minor subidivision located at Peconic, dated February 2, 1984, subject to the Zoning Board of Appeals approval of the right-of-way outside the subdivision. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary March 10, 1984 Mr. Henry Raynor, 0hairman 3outhold Town Planning Board 8outhold Town Hall Main Street 8outhold, N. Y. 11971 Dear Mr. Raynor: In order to insure ready access for the plarmimg Board to the "Cabot's Woods" site, we would like to arrange for a four wheel drive vehicle to transport you. When a date has been set for an on site inspectiom please telephone us at 788-B0§9 to make specific arrangements. Thank you. Yours truly, ~op~ia &. Greenfield APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn of Southold: The undersigned applicant hereby applies for (tentative)~pproval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) <:o~a~r t~--~e~t~~ 2. The name of the subdivision is to be ........... .~.~-.~...~..-~'.'.....~..~..O..~..~. ................ 3. The entire land under application is d~scribed in Schedule "A" hereto annexed. (Copy of deed suggested.) ~c.,/o? o~ 2>~r.~r..~ '~O~-~l-f~;~/~'~ 7~ //~,~" 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as, follows: Liber . ..~..?..?../-.~ .......... Page .....~.. ~./. ........... On ~.~...~..-~.~..-//.~..~. ,// Liber ....'~..o~../...~. ............ Page .... .~../..~. ............ On .~.O.(/..../..'~-..,.2/.~;~/ Liber ....~...~../.~. ............. Page .... .~...~...~. ........... On . .--.~..~.. · .~.~.~...~.../f?..7.~, Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distribntee ....................................................................... 5. The area of the land is .... . .~.'..~.. ....... acres. 6. All taxes which are liens on the land at the (late hereof have been paid e~'~i ............ 7. The land is encumbered by .... ~.~.~...~. ................................................ mortgage (s) as follows: , (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. ad'dress ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land e~t ........................ 9. The land lies in the following zoning use districts ~-~-~../.~F...I4.~-cT~¢~. ·~..~ · 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept .................................................................................. ~, JO 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. /0.~t~ 13. Water mains will be laid by ........................................................... and (a) (no) charge ~vill be made for installing said mains. lt.~ 14. Electric lines and standards will be installed by ......................................... ..................................... and (a) (no) charge will be made for installing said lines. /{/./~1 15. Gas mains will be installed by ........................................................... and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk Couuty Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the emi o£ the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing ail restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (Address) STATE OF NEW YORK, COUNTY OF..~?~'~--~.O.//~. ................ ss: On the.../.~.~] ........ day of ..... .~..~.~.r. ¢-~:~4~.~ ......... 19. ~..~., before me personally came .... ~.tp.tO~..i~t. ..... .~/'.¢.~ tc.'~. ~'.~g../. O(. to me known to be the individual described in and who executed the foregoing instrument, and ackno,vledged that ...~5'~).e_~... executed the same. STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ...................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ............................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Re: Gentlemen: ~ · /~c~a_~ ~ ',~t~Z ~,~ The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Co~ission: (1) No grading, residential other than foundation excavation for a building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly ~-----~ order to answer the questlon~ in this short EAF 3. t is assure , rr, o ~_on concerning thcl the preparer viii uso currently available in[o projcc/ nnd thu lihely imr~cls of the action. I1 is mai expected additional 5~odic~, ray, torch or olher invcs~igolions v;ill be undertaken. (b) If on7 qucr. tion has bean ons'.~ered Yes %he project may be siDniT''zcc, n' ;~ cad o co:nixie[ed 5nv.[ronmun%o! Asscssmen¢ Form is necessary (c) If oll questions have bean ~nsvlcred [.]o i~ is liket'y ~ha% ~l~is projcc~ i5 mai significant. (d) Environmtnlal Asscr, smen~ ' ' 1. %'~[ pc'O joeL resui'~--in o large physical change ¢o ~he projccL site or physically alter more i} 10 f land? Yes ~No 2. %'1ill ~Lcre bcc ms jar chan~c ~o amy unique or -uhu~uol land fozm found on the site? ...... Yes 3. %'1ill pro,cc'% alter or have o lorge' ef~cc~ o~'" axis%tag body of wa[or? ............. Yes, ~ 5. %'/ill projec~ significantly aff'ac~ dro%nage flow on adjacent si~as? .................... ;.. Yes ~9 6. %'/ill projeck affect on)' ~hrea%aned or endangered plant or animal :;Facies?" ::':~e~'~ : -- 7. Y/ill project resul~ in o rna jar agver~e on air quality? : Yes ~o 8. %'/ill pro jeer have o major cf foci on visual cbc:racier off the coramunily or scenic vicvl5 or vistas, known Co:be: impor¢onf fo fha community?. 'Yes ~o ~. %/ill projecf adversely impact any sife or .. 5%rucfurc of hisforic, prchisforic or polconio!ogicol imporloncc or o~y sife designated as a cri[ic{:! environmenfol oreo 10. %'till project hove a major e~fecf on cxisfing or futura rccrcofiono] opl~orfuniiies? ......... Yes 11. %'/.[!! project result in .major fro~f~c problems ozl cau~e a major elf ecl ~o exisiing 12. %'fill p~oje~ .regularly couse objectioncble .... odors, noise, glorc, vibro~ion, or elcctricol disturbance os a resu!~ o~ the project's L/or,? ' Yes ~o opera ..................................... 13. %'lill projcc~ have on)' impoc[ on public health ' ' or ~aFciy? Yes 14. %'/il! project affect the existing community by directly causing o growth in permanent popu].olion of more %hon 5 pcrccgt over a one year period or hove o major ncgo%ive cf[cci on the character oF t}%c community or nclgJ/borJlood? ................................. %'05 15 ]~ t ' . ~c~ c Fu}~lic con[rovcrsy concerni~ the project? Yes APR 9 1984 'rOWN O¥ 8OlJ'l~OlmJ:) OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 M E M O DATE: March 30, 1983 TO: Henry Raynor, Chairman, Planning Board FROM: Victor Lessard, Executive Administrator SUBJECT: R.O.W., C.R. 48 to property of Harold & Goldsmith located at Reconic Alvah Referring back to Z.B.A. Appeal #1381 with the Public Hearing on November 20, t970, the R.O.W. that ran on the easterly border of Diller property, was retained by Harold and Alvah Goldsmith, when property was sold to Diller. Please note that in actuality this R.O.W. wanders and this is what was okayed by the Appeal Board subject to physical ok by the Building Inspector. On July 14, 1971, a letter by Howard Terry indicates he inspected this R.O.W. and found it improved and met the requirements of the Board of Appeals. Conversation between myself and Mr. & Mrs. Richard Green- field (prospective buyers of property at end of R.O.W., Tax Map # 1000-73-4-2) resulted in the following agreements: 1. Pre~ent R.O.W. will be improved to meet or better requirements of 1970, before finalization of subdivision Should R.O.W. be moved from present location, new R.O.W. will meet requirements of present day criteria. Here again, keep in mind, present R.O.W. wanders but is what was okayed. I hope this will be of some aid toward the Board's future determination on property where this R.O.W. is involved. 11. NO building, fence, wall or other structure, or change in landscaping shall be commenced, erected or maintained upon any lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereof and the materials and colors to be used, shall have been submit- ted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, its successors or assigns. In the event said Declarant, successors or assigns fails to approve or disapprove the same within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. No trees shall be removed from the 10 foot walking right-of- way, as shown on the subdivision map, with out the prior written approval of the Declarant, its successors, or assigns. 13. Use of the 10 foot walking right-of-way and of the beach easement in favor of lots 3 & 4 by the owners thereof or their guests shall be at their own risk, and the owner of lot 2 shall in no way be responsible for maintaining same or for injury to said owners or their guests. 14. The maintenance of the right-of-way over land now or formal- ly of Minakyan, providing access to all 4 lots from County Road 48 shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Department. 15. The maintenance of the 25 foot right-of-way connecting all 4 parcels to the right-of-way over land of Minakyan shall be borne equally by the owners of all 4 lots, and said right-of-way shall be maintained in such condition as would satisfy the 1984 requirements of the Southold Town Building Department. 16. The maintenance of the 10 foot right-of-way traversing lot 2 shall be borne equally by the owners of lots 2, 3 and 4, and said right-of-way shall be maintained in such condition as would satisfy the 1971 requirements of the Southold Town Building Dept. 17. The need for road maintenance and the cost of repairs, if any, based on the previously stated requirements, shall be deter- mined at least annually by the Declarant, its successors or assigns, subject to the approval of at least one other of the concerned Lot Owners. In the event said Lot Owners fail to either approve or disapprove the same within 30 days, approval will be assumed. Upon being billed for any assessment by Declarant or its successors, each Lot Owner shall pay such assessment within 30 days of receipt of said assessment. Said assessment shall be a lien on the real property of the assessed lot. Declarant, its successors or assigns shall have the right to proceed in accord- ance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 18. Ail of the covenants, conditions and restrictions contained herein shall be construed as real covenents running with the land and shall continue and remain in full force and effect at all times. Said covenants, conditions and restrictions shall be enforeceable by the Declarant, their heirs, successors and assigns and the failure to enforce any of such covenents, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. 19. Declarant hereby reserves the right to alter, modify, term- minate or annul any of these covenants in whole or in part with- out the consent of any person, with the proviso that any such changes shall comply with the reguirements of the Southold Town Planning Board. July 26, 1978 Mr. George Fisher, Sr. Building Inspector Town of Southold Southold, New York l1971 Dear Mr. Fisher: The Planning Board discussed the right-of-way which would be required for the subdivision of Maude Morgan's property. It witl be necessary to have a 25 foot wide access for a minor subdivision and 50 foot wide access for a major subdivision. It will be up to the town engineer as to what is necessary to make the road passable. An inspection will be made if Ms. Morgan intends to proceed with the subdivision. Yours truly, Muriel Brush, Secretary Southold Town Planning Board July 21, 1978 Mrs. Helen Reiter Main Road Southold, New York 11971 Dear Mrs. Reiter: I referred the two items that you inquired about to the Planning Board at its regular meeting of July 17th. In the matter of Maude Morgan, it will be necessary to have the right-of-way 25 feet wide for a minor sub- division and 50 feet wide for a major subdivision. In the case of a minor subdivision, it will be up to the town engineer as to what is necessary to make the road passable. An inspection will be m~de if Ms. Morgan intends to proceed with a subdivision. As far as the Serge Traube property is concerned, a sketch should be submitted as to what the developer would like to do. I hope this answers your questions on these matters. Yours truly, Muriel Brush, Secretary Southold Town Planning Board - ~.~ t?,O,Yq~ff~JF~ made the /c/ da3' of September , nineteen hundred and seventy-one, £ETV,~EI4 ~i~UD CABOT MORGAN, residing at 3 Howland Street, Par~afthefirstpart, and lelAUD 'CABOTMORGAN,:residfng at Cambridge, Massachusetts, VICTORIA BENEDICT and 3 Howland Street, ALEXIS MORGAN, both residing at 2247 72nd Avenue, S.E. Mercer Island, Washington, as joint tenantsand not as tenant,'ih common, with right of sum- vivorship,~ and to the heirs:and assigns of._the survivor forever, party' of the second part, ' ' ~l'l'l,'that the party of the ill'st part, .... ($10.00) lawfulmOmyof~he United States, ~and o~hgr good and ~aiuab by the party~of the Second l~art; does hereby grant and re dollars. paid S or, .,, . of the econd part forever, ., '~ ~ ALL'that certa/n ~Iot~ piece 'me'Town of Southold', 7County and~ and des, cribe'd aS follows: .~., point~ marked of: the pre~mises herein described or n;or~heastdrl,y' co~ner of .land he (whiCh ,ldsmi't~ ~nd Alvlh .B~ Goldsmith ~o C F. Di old · · . J.' Diller.by deed dated December 31, 1954, agd . ad3o~ns the SoUthwesterly line of land now .or formerly of S $1edjeski.); running thence a long' said lando. f Dtlle~ *~ South,49,° .I~eSt,"a distance of 458.55 ·feet to a, point marked by a mohument by a monument and land now or formerly °f Walter Ross~running. thence along safd"$and.of Ross, North 43° 0~, An,, . . of;158.70, feet to'a n6znt m~-~3~ - ~, .~ East, a dist=.~e still aloft- : .... . ,-5 _ =~q oy a m~nument;~r~nning thence , · ~ saZ~ ~fna Of ~oss..North 40 17' '07 ~est~ a ~ fstanceOf 365.54 feet to a point, running thence Nor a distan¢~ ;~ 3 08 20 ' ' of 80.0 feet too' 'rd~nary' high,~at~r" markof, Long' West, Island' of beginning. TOGETHER with the n°~ex¢lusive ten feet in width, extending from right the'southeasterly co~nreirght2°f-way :' of the, I, premises through land heretofore conveyed to Diller ad ., ~ - the westerly line of,land of Sledjeski southeaster] ~z,~'r~h~. westerly:~line,: of North Road. , ~ i,, ~'= ji'5jf]CT, alsO, to the right-of-way heretofora grab]ted to Walter S. p~oss and Solita 5oss~ his wife, by deed dated August 22, ].953 and recorded in Liber 3571 of Deeds at page 303. TOGETHER with all the right, title and interest~ if any, of the par~y of zhe first part in and to the beach, wauers'and lands under water of Long Island Sound in front of and abutting said premises. TOGETHER with the right ~to make changes and alterations in the course and location of the right-of-way as set forth in Liber 3571 cp 303. . SUBJECT to a first mcr tgage in the amount.of $45,000-00, held by Harold E, Goldsmith and Alvah B. Goldsmith~ dated AugUst 19, 1971, and recorded in the Office ~f the Clerk of the County'°f Suffolk. 7i'}{F2:~. with 'file al,purwn: and all the estate AND TO tlO~ the premlsrs ~rante- Of the first pan covenants' that the party of the first= part has not · ~mises have been inct~mbered in anywa%wa ~vbgte~¢r; ~x.cept the ~ld pr / . .:. . , ~ .~ ,. i .., ~2~..--- ~[ the L~en ~w, ~venants t~t the party e a~y 6{ the first pa~ in ~mpnance w~m oc~t~u ~D~ p:,. , . .. ' 'r ' ' ' "~' ~" ' dvesuchcond' pn-a: bill r~eive 'thee cbnsidemtlon for th~s conveyance and wdl hold the right to theemtionfirStas · trust fund to be applied first for the put,se o~ payinSbeforetheuslngCOStanyOf ~the, improvementof t~' total oiandthewills~eaPP f. [he ~me first to the pa~ent ol the cost o~ the improvement pan ~y other pu~s~ ~ ~e word ~pany" shill ~ ~nstrued as H it trod "parties" when~er lhe sense of this indenture so r~uir. ~ ~ ~OF~ the pa~Y o~ the first ~ h~ duly ex~c~ this dee~., the I~ v~s~~ o~: !He ~:~ d~y ef ~ieptembd~', 1971 , before me ~ ~:e kr,*,wn tabz thc individual described in and ~ho rxe:uted ~l-2 fore,om: i:~strument, ~11(~ acknowledged that vme c,ec~ted th~ ~n*& On the cay Of 19 . b, personally crone to me known to bethe |ndividual described in - executed the foregoing instrument, and acknowlcdu executed the same. Co~onweakh, 'of Massachusetts CL~RK'S OFFICE OF SUPERIOR COURT~" .................................. ;--: ................................. : ....... : ........ ~2...__~ .............. ~ose ~am~ ~ ~ubsc~bed t0 th~ Certificate O/the proof or acknowledgment of euo~, i~ a.d lot smd Oou,~ty, residino thereto, duty comm*ss~oned and s~orn and authorized b~ fha laws o[ said State to take the a~k~owledgme~ts and p~oofa o] deeds or eonve~amees for tamg, temememts or hereditame~ts in said State, to be recorded thereim A~d [urther:that l am well aequainte~ with the handwriting of such Notarp Publi~, a~d verilp believ~ that the signature to $a~ eertifieata of proof or avknowledgme~t is genuine. I further'certif~ that ' ' "~ ' '= * ' "-' · ~mpressm,s of the seats pi ~otar~es Pubhe are ~w to be filed ln this office. ' ~'~" ~.~ ' : ? I~ ~ ~ ~ I haV~ hereunto det m~ say ct . ALF~I S MORGAN ':TITLE . INSURANCE COMPAN~ GUARANTEED TITLE DIVISION Clerk RETURN BY MAIL TO:. k.r , ~.1'~, OF NEW YOml~ COUNTY OF ss: On/he' d~y of August, 1971, ~f~ ~ ~r~ly ~e~0~ ~, ~0LD~ and ~V~ 5. G0~S~, m me~o~ to ~ ~c i~i~d~ ~ in ~d w~ ~t~ the fo~ng inst~ ~d ?~1~ ~t STATE OF NEW YOl~ NTT OF ss: Oa the d~y of 19 , before mc l~lotary P~ STA'I! OF NL~' YOlK COUHTI' OF ss: On the ct~y of 19 , before me p~rson~lly came. to me known, WhO, being by me duly sworn, did depose and say tlmt he resides at No. that he is the t~ said insirum~nt is such coqx~r~te seal, m~. it was so ~. by order of tbe board of directors ot.s~.. tioa, and that be si~ed h name thereto ~y uxe omer. ~ me known to be the individual described in and who executed the foregoing instrument, and acknowledged that SYA'I~ O~ ~ Y~l~ COUNTY ~ ~ ~y ~ m me ~o~, w~, ~ by me d~y ~, did ~ ~ ~y ~ ~ ~d~ at No. ; ~t ~ in ~d w~ ~t~ ~ f~ ~; ~ . ~ ~ows ~e ~ ~ ~d ~; ~ the s~ ~ Sy of oi fion, ~d ~ ~h' ~~' Wm~ COV~NAHT AC. Am~ r~Z __ nzts~ M-2~86 TG }1271528 ltAI~OLD E. ~SM'ITH and ALVAH B. GOIDS~TH G. :T r LOT ~ O~, TOWN Recorded At Request M ~ Tide Guarantee' Company RBTUItN BY MAIL TO:. RICHARD J.' CRON, Esq. Hain Road Cutchogue, New York 11935 October 17, 1995 Building Department Town of Sonthold 53095 Main Road Southotd, New York Attn: Thomas Fisher WILLIAM C. GOGGIN$ A TTORNET AND COUNSELOR A T LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone ($16) Fax (516) 298-4214 11971 Re: Application ofGn~/Stnnzoni and l)oreen Stnnzoni; SCTM No. 1000-073.00-04.00-002.003 Dear Mr. Fish: Please be advised that I represent Peter I. Ae4~isher nnd ~i~M A~i~ who ~ ~ !~ at SC~ No. 1~73.~-~.00-~2.~1. The a~ ref~ pro~ m fl~ we~ of Aebi~s is o~ by G~ S~ni ~ ~n S~i. Upon ~o~ ~d ~lief, ~. ~ ~. S~ ~e ~g for a ~ing pe~t to ~t a ~ ~ily ~l~g. U~ in~fion ~d ~lief, ~ ~d on g~n~ ~ to ~ ~eH~g ov~ a ten (10) f~ ~ wid~ ~s~ ~ch ~ o~ ~i~, is ~ ~ ~olafion of Section 280-a of~e To~ Law as well as ~er ~si~s of the To~ ~w. Before issuing a building permit to Mr. and Mrs. Stanzon/, we request that the Building Department seek opinions from the Zoning Board of Appeals, the Plmming Board and the Town Attorney. Please advise. wca/ p l~r. ~md Mrs. Peter I. Aebisher Paul A. Caminiti, Esq. Rudolph H. Bmer, Esq. Southold Town Planning Board Zoning Bo~d of Appeals Laurie Dowd, Esq. ~ '~/~ ~ t 24, 1995 So.thofd, ewYork / Mr. TAomfs Fid, er At a special m ceded et . , · -,,.,,,--~ met it wouM eppear ~at ~- - ~, m ~, ~t U~n R~8 ~ a 10 ~t t~ ~ map and ~ ~ ~ b ~ ;. ~_ ~/[ 8 ~ ~ In ~is b a filed ~, as ~ a~, wh~ wu a~ ~ ~ ~S ~rd, w~ d~fly ~ fl~ht to ~ ~ ~t ~ ~y, end Jn ~. and ~. A~m, ~ ~t~ ~ e~ ~ny e~ ~e fl~b of ~. and ~. ~it ~ ~ ~ fi~t of way. A clt~t w~M m,n ~at ~e ~ft ~ ~. and ~. A~her w~ld ~ve ~ ~ M~k~ ~ 8 Dem. Air. Fish. r: 'rJtJo Jett~l' is in ~ ~ , b~ ~ to ~r ~ent ~ ~ ~, ~. in ~ ~ ~e ~e ma~. F~, r m'~ s~ ~ the I~ ~ ~ ~ ~e ~ ~t ~ met~ ~ ~n My ~ ~ ~ at~ ~in ~ IMt w~ Mr. Thomas Fisher Pa~e 2 Octobe~ 24. 1995 am usin your office ~ in c~ $ tacitc as I have seen through your o~1 ...T~_ ,__., ~ This is about as daspicaide a ttmt they cannot sam..o,/ .~_, ---doned ' many ye~s and shoum no~ ae ~, · d have t~m~d to · - · - with the' Ptannin~ Board, an th~ ~et mvoiv ...... ~,ll~tiona and law suits a, . . ~h~t they should tile me neoc~ml '~' ..... -----~.,;~ tO add0t~m ~ mau~. oartles, includinS the title pamas .... ._ ~ ~,.! ao~s~ .to a~r ~ sub~'ision ma as ~#Y ~ ~av~e. _.-- ~.. foot rlmht of way. All ~ wgiCh was provided fo~ in me sumv~. --r and .. , · ,~ ,,,Iv tempi·aMs is not an ismm. From that .i~.' t th· point wh~'e the 25 foot d~htis"" by---'way of a 10 foot ..... nlm of wa"· or a private d_n~eway., whather acc~s to th· actual home as the legal requirements are met, then · buildin~ 10~rrmt should not be · factor. As Ions must be issued. InddentatJy, the 10 foot travelled dirt road and rlSht of way is the only a~cass that Mr. Ross has to bis pt'ol~erty on th~ Sound,. and your failure to issue a permit to M~. and Mrs. 5tanzonl, would in effect be denyins hit. Ross access tO his properly. As indicated above, I believe this matter should be addressed in the C, mnis, and throuSh your depar~.ent. I think their position is witlum merit, and is not mdy beto~ made in bad fatth, but conu'ary to alt Jessi and moral standards that prevai in the community. i u-ust that as, if, and when Mr. Stanzoni dees nuke an aplgic~tton for. · bulldins permit, that it will be issued within your nounal time frame. Thank you for your attention and consideration in this nm ~/ tte~. '*4 Pit.rd and ~ophia Greenfield, residinq at Par,mdis~- Point /'~ ~ ~ll ~ov be ~i(led Lo read an .~. ~r shall any removal o( llv~ . ..... Y ' I b~ ;n diameter be made'unti~ ~Jan- -~ --~.~n excess O(-4. inr~ ~d~t~ ih ~elr.~/on to ~urroundin9 structures a~ the ~,lme vt~h/n ~ha-*~',~.=~ns ;~zzs to ap;rove or dl~ap;ro~ It shall nov b~ ~'di(ie~ to read aa relieve: 12. ~o ~ree~ abel: be ~emoved fro~ the I0 foot vl:kzng right-st- ray. ka aho~ on the subd£v~s/on mar, vithou~ the ~rlGr vritte~ forth in Lib,? 9687 cp 2IS ~nd ameeded La Liber 9951 ~'9 388 are va MI~IIBIIBIIIlBflB~, this declaration hca I~en eeecuted t~e day · nd year first' vrStten above. / / (~ the ~ day of~e~aq~ , I~l&, I~fore m~ I~rpoflally came Richard ~. Graf. field and Sophia ~ Greenfield, to ~e knov~'to be the. l~fvidtz~ls described l:. ~nd who executed the fore,siftS instrument. ~fld acknovl~daed Chd~ they oxPcut~d thc and 1~84 and rec*o'rd~,d in t~.: Suffolk County ¢ler~'. off/ce on Novc:,l~r $0, 191~4 in I, ibex 9_~87 cf: 21.~, vith I:hu exccl~lon or *l.~ata~raphs I. chro.~h ~., NOW TII.I~FONI~., I~c~srant her,,by nodiX~s the .shove covenants 13. Use ol thr~ I0 [oo1: ~alklnq riahc-of-vay end o~ t;tc- r~p~blp fur mninininlnq snm~ or for tnJu~y to sa~d Paragra~ 15. and ;6. road as ful~ovs~ . - --_ ........ ~.- }' L~' t ~' o-qt.r~ o~ Io~. ~, ] a~ the proviso that th,, lO foet riah~-of-~ay pre~'l~wly con~ai~J vLth~n .~hl~ 2-,. f~ t Jqht-of-va~. ~aJnte~ of ~4id '1 TOG~'THF..R with all. 'r~,..m an erest, if any, of the Party of Ofirst part in and to any streets and roads abutting the above described premises to the center lines thereof, TO~I~,=I-i~ZR with the appurtenances and all the estate and rights of the Party of the first part in and to said premises, 'FO HAVE ~ TO HOLD the prem]ses herein granted unto the Party of the second part, the be{rs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the Party of the first Part has not done or suffered anything Whereby the said premises have been incumbered in any way whatever~ except as aforesaid. .. AIgD the party of the first Part, in compliance with Section 13 of the Lien Law, covenant~ that the p~.rty o! the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of Paying the cost of the improvement and will apply the same first to the Pa}'ment of the cost of the improvement before Using any part of the total of the sane for The word '~pany" shall' be eonstrued as if it read "parties" whenever the sense of this indenture so requires. IN ~ WHERI~OF, the party of the first Part bas duly executed this deed the day and year first above written. TG No. 1271528 CONSULT YOUR LAWYER B~RE SIGNING THIS INSTRUMENT--THIS INSTMENT sHMaD BE USED aY LAWYERS ON 'I~])F-I%'I'UR~ made the /?~dayo/ August ,nineteen hundredand seventy-one BLJW'EF..R HAROLD E. GOLDSM-J~TH, residing at (no number) Wells Avenue, $outhold, Ne~ York 3.1911, and ALVAH B. GOLDSMITH, residing at (no number) Hobart Road, Southold, New York 11971, ~artyofthe~rstpatt. aad lVlAUD CABOT MORGAN, residing at 3 Howland Street, Cambridge, Massachusetts 02138, party o/the second part, ~/T~, that the party of the first part, in Consideration of ........... ($10 0o) ......... dolhrs, lawful money oft he United States.and other good and valuable consideration, paid by the party of the second part, does hereby ~rant and release onto the party of the second part, the heirs or success°rs and .ass/gns °i the party of the second part forever, AU' flmt certa/n pl0t, p~eoe or parcel of land. - · the To. of York, bounded and described as follows: B~INNING at a point marked by a mon~ent at the southea t corner of the premises herein descr4h-a t.=,_~ ..... s erly or n~-~ ..... _ _ - . -~ .... ~_~aac~r~ cprner,ozlana Reretofore conveyed bv Herol ~ uozmam~gn ann Aivah B. Goldsmith em .~ ...... Dtller by deed dated December ~1 ~=,. _ southwesterl line o - --, ~=~%.anu which point adjoins the thence -~--Y---~ - f.la~d_~ or fomerly of Steve SI.dj,ski - runn .. _ --~-s usaa Anna or Olller,-iSouth 49 demrees uzs=ance of 458.55 f~- ......... · ==~ ~. a pozng marKea Dy a monument and o of Dill,r, runni-~ then .... *'' - .. _ ther lan~! · ~ =~ a=z~z along sa~a other land of Dill, p~zuc, running thence still -- ..... i _- . e ...... vm £eec con de .... =-~t~ ~aza other land of Dtller. grees 13 m~nutes 20 seconds w,=r _ ~. ...... , a u~snance of 521.68 feet to a polnt marked by a monument and land now or formerly of Walter running thence alor~ said land of Ross ~-~ ,-- ~ i. .Ross. seconns East, a.d~stance of 158.70 fee~ ~ · ~ g~ ~ poznc marKeQ ~y a mon:~e~ running thence still along said land of Ross, North 40 d~grees 17 min~% utes 30 seconds West, a distance of 365.54 feet to a point; running thence North 3 degrees 08 minutes 20 seconds West. a distance of 80.0 i! feet to ordinary high water mark of Long Is'land Sound; running thence in a southeasterly direction along ordinary high water marker Long i ~fland S~un~, a tie line course which runs South 83 degrees 49 minuteS! ~u seconas ~as~, a d~stance of 299.58 feet to land now o : .. · ~enry ~e}c.~ma,, running thence alon~ said 1--a ..... r f0.rmer~y of ~:~U~o~_:e2~an, S~uth ~9 degrees 02~minutes'~"~ 2ecUWotls:~at~s~r::d°ras. ? . .u&.. onumen= a distance of 940.00 ~ ~ -- ..... P s~_ oeglanlng. .... ~ ~.e point or place o: TOGETHER with the non-exclusive right Co the use of a riEht-of-waf feet in width extendt~ from the southeasterly corner of the prem. isei tl~ongh land heretofore conveyed to Diller adjacent to the westerly line o~and ~Sledjeski lime of North Rd~. southe~rly ~o the northwester SUBJECT, also, to the right-of-way heretofore granted to Walte~ S. Ross and Solita Ross, his wife,by deed dated August 22, 1953 and recorded-in Liber 3571 of Deeds at page 303. TOGETHER with all the right, title and interest, if any, of the party of the first part in and to the beach, waters and lands under water of Long Island Sound in front of and abutting said premises. SUBJECT to a purchase money first mortgage in the ~nount of $45,000.00, held by the parties of the first part herein, and intend to be recorded simultaneously herewith. TOGETHk~R with the right to ~ake changes and alterations in the course and location of the right of-way as set forth in Liber 3571 cp 303. f ?,30.W. ~'.~' · N/O /F ROSS , ~ .......... , ..... .- ~ 600 V' I AY L OT :5 ..: N .Y.S. JOSEI~'-,~f]NGEGNO LAND SURVEYOR 1186 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 (516) 727- 2090 LIC. NO. 49668 CERTIFIED TO: FIRST AMERICAN TITLE INS. CO. TITL. E No. 632-S-2356 AQUEBOGUE ABSTRACT CORP. PETER AEBIShIER MILDRED AEBISHEP . NOTE' LOT NUMBERS REFER TO MINOR SUBDIVISION KNOWN AS "CABOT'S WOODS". A at TOWN SUFFOLK SURVE Y OF PROPERTY PECONIC OF $OUTHOLD COUNTY, N.Y. 1000-73 -04- 2.1 SCALE' [" =40' SEPT. 26,1990 AREA= 95,098.65 SQ. FT. 2.1831 AUGUST 6, 1994 (FOUNDATION LOCATION) 90-107 OR ACRES to tie line