HomeMy WebLinkAbout1000-50.-1-18
SEP 4 1984
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Jeffrey Michael Con(orte
Attorney at Law
164 Main Street
Huntington. New York 11743
(516) 673.6811
August 31, 1984
Plarming Board
Town of Southold
Suffolk County
Southold, New York 11971
Re: Witherspoon Estate
Dear Sir or Madam:
This is to =nfim my telephone =ncersation with Ms. Diane
Schultze of your office, wherein I advised her that I represent the
Estate of Charles Witherspoon. Please be further advised that at this
point in time my client, the Estate will be unable to sign or consent
to any covenants or restrictions being placed upon any Estate property.
It is my understanding that the property which is involved in the present
application is not at this time owned by the Estate, however, the Estate
does not wish to encumber any property that it presently does own. If I
can be of any further assistance, or you need any further information,
please do not hesitate to =ntact me.
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DECLARATION made this 31st day of I\uqust 1984, by ROBERT
WITHERSPOON, Executor of the estate of Charles S. Witherspoon,
deceased, residing at Private Road, Horton's Point, Southold, New York"
hereinafter called the "Owner";
WHEREAS, the Owner has title to certain lands situate, I
lying and being at Southold, in the Town of Southold, County of SUff01J1
and State of New York, said lands hereinafter being more particularly i
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described; and !
WHEREAS, by a resolution duly adopted by the Southold Town
Planning Board on June 12, 1979, a minor subdivision map of the
premises adjacent to the north, or northeast, of the said lands here-
inafter more particularly described was conditionally approved,
subject to the receipt by said Board of this Declaration;
NOW, THEREFORE, the following described lands shall be
restricted as hereinafter set forth:
ALL that, certain tract or parcel of land situate,
lying and being near Horton's Point, near the
Village of Southold, in the Town of Southold,
County of Suffolk and State of New York, bounded
and described as follows:
BEGINNING at a point on the southeasterly line of
a 50 foot right of way, at the northwest corner
of land conveyed to the declarant and another by a
deed dat:ed May 10, 1948, and running thence north-
easterly along other lands of the declarant about
to be conveyed to Arthur W. Rathje and another a
distance of about 395 feet to a 20 foot right of
way, thence south 190 13' 30" west about 200 feet
to land of Hyatt, thence in a northwesterly dir-.
ection along the lands of Hyatt and lands now or
formerly of Simmons 371. 73 feet to a 50 foot right
of way, thence northerly along the said 50 foot
right of way 204.07 feet to the point or place of
BEGINNING.
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DECLARANT does hereby warrant, covenant and represent that
the above-described real property shall not be further subdivided.
DECLARANT does hereby further warrant, covenant and represent
that the foregoing restrictions and agreements shall bind the under-
signed, his heirs, successors and assigns, and any and all person or
persons who shall succeed to the ownership of any of the lots shown on
said aforedescribed premises in said minor subdivision by transfer or
otherwise.
IN WITNESS WHEREOF, the Declarant has caused his hand and
seal to be affixed this 31st day of August 1984.
Robert Witherspoon
STA.TE OF NEW YORK}
COUNTY OF SUFFOLK}
ss. :
On the 31st day of August1984, before me personally came
ROBERT WITHERSPOON to me known and known to me to be the individual
described in and who executed the foregoing instrument and acknowledged
to me that he executed the same.
Notary Public
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DECLARATION made this 31st day ofl\uqust 1984, by ROBERT
WI~:HERSPOON, Execut:or of the estate of Charles S. Witherspoon,
deceased, residing at Private Road, Horton's Point, Southold, New York
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hereinafter called the "OI"ner";
WHEREAS, the Owner has title to certain lands sit:uate,
lying and being at Southold, in the Town of Southold, Couni:y of Suffolk
and State of New York, said lands hereinafter being more part~l~cularly
described; and
I
WHEREAS, by a resolution duly adopted by the Soui:hold Town
Planning Board on ~rune 12, 1979, a minor subdivision map of the
premises adjacent to the north, or northeast, of the said lands here-
inafter more particularly described was conditionally approved,
subject to the receipt by said Board of this Declaration;
NOW, THEREFORE, the following described lands shall be
restricted as hereinafter set forth:
ALL that ceytain tract or parcel of land situate,
lying and being near Horton's Point, near the
Village of Sout!lold, in the Town of Southold,
County of Suffolk and State of New York, bounded
and described as follows:
BEGINNING at a point on the southeasterly line 0;:
a 50 foot right of way, at the northwest corner
of land conveyed to the declarant and another by a
deed dated May 10, 1948, and running thence north-
easterly along other lands of the declarant aboui:
to be conveyed to Arthur W. Rath: e and another a
distance of about 395 feet to a 20 foot right of
way, thence sout.h ""0 ~_3' 30" ~Test about 208' :F ;;~:
to land of Hyat.t, thence in a northwes":erly dir-
ection along the lands of Hyatt and lands now or
formerly of Simmons 371.73 feet to a 50 foot right
of way, i:}i.ence northerly along the said 50 :"oot
right of way 204.07 feet to the point or place of
BEGINNING.
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DECLARANT does hereby warrant, covenant and represent that
the above-described real property shall not be further subdivided.
DECLARANT does hereby further warrant, covenant and represent
that the foregoing restrictions and agreements shall bind the under-
signed, his heirs, successors and assigns, and any and all person or
persons who shall succeed to the ownership of any of the lots shown on
said aforedescribed premises in said minor subdivision by transfer or
,
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otherwise.
IN WITNESS WHEREOF, the Declarant has caused his hand and
seal to be affixed this 31st day of August 1984.
Robert I'litherspoon
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
55.:
On the 31st day of August1984, before me personally came
ROBERT WITHERSPOON to me known and known to me to be the individual
described in and who executed the foregoing instrument and acknowledged
to me that he executed the same.
Notary Public
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Southold, N.Y. 11971
(516) 765"1938
August 21, 1984
Mr. Jeffery Conforte
Attorney at Law
164 Main Road
Huntington, NY 11743
Re: Charles Witherspoon subdivision
Dear Mr. Conforte:
The following action was taken by the Southold Town Planning Board,
Monday, August 20, 1984.
RESOLVED that whereas, a formal application for the approval of a
subdivision plat entitled "Charles S. Witherspoon" located at
Southold was submitted to the Planning Board on March 20, 1979
and~ ap~lication fee in the amount of $20 was paid on April 13, 1979,
ana
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on July 9, 1984 at
7 :45 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of the Town
of Southold have been met by said subdivision plat and application,
NOW, therefore, be it RESOLVED that the application of "Charles S.
Witherspoon for approval of said subdivision plat prepared by
Roderick Van Tyle, P.C. dated April 9, 1979 , be approved and the
chairman be authorized to endorse approval on said subdivision plat
subject to the following conditions within 60 days from the date of
this resolution:
1. Covenants and restrictions filed with the County Clerk
stating no further subdivision for the unnumbered lot west of
lot No. 1 in the subdivision.
Upon receipt of notice that the above condition has been met, the
Chairman will endorse his approval on the subdivision.
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Mr. Conforte
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19ust 21;' 19'8'4
Page 2
If you have any questions, please don't hesitate to contact our
office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
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By Diane M. Schultze, Secretary
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Southold. N.Y. 11971
(516) 765-1938
June 28, 1984
Mr. Jeffery Conforte
Attorney at Law
164 Main Street
Huntington, NY 11743
Re: Char les S. Wi t:herspoon
Dear Mr. Conforte::
As per our telephone conversation of this date, this is
to confirm the act:ion of the Planning Board on June 25, 1984
and I have enclosed the correspondence relating to this
matter.
It was RESOLVED that the SoufuoldTown Planning Board set
July 9, 1984 at 7,45 p.m. at the Southold Town Hall as the
time and place for a public hearing on the question of
approval of the minor subdivision of Charles S. Witherspoon,
located at Southold.
Enclosed is a copy of the correspondence of Town Attorney,
copy of the sequence of events which transpired with the
original approval, copy of correspondence indicating the
condition of the Planning Board's approval, copy of the
original declaration prepared by Stanley Corwin, esq and
correspondence that this declaration was returned.
If you have any questions with regard to this matter, please
don't hesitate to contact this office.
Very truly yours,
BENNETT ORLOWSKI,JR., CHAIRMAN
-SQ.UTHOLD TOWN PLANNIN G BOARD
P)(lA-c'iU.. . 'is- JL.<..d.12A.....
By Diane M. Schultze, Secretary
enclosures
copy of map also enclosed
JI 1 ~1984.
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ROBERT W, TASKER
Town Attorney
OFFICE
TOWN;~,
~:rrORNEY
"
HoLD
TELEPHONE
(516) 477.1400
";:';:;;:';'
425 MAIN ST.
GREENPORT, L.t, NEW YORK 11944
June 19, 1984
Mr. Bennett Orlowski. Jr., Chairman
Southold Town Planning Board
Main Road
Southold, N ew York 11971
Re: Charles Witherspoon Subdivision
Dear Benny:
You have submitted information to me with respect to the above
subdivision which also granted conditional approval by the Planning
Board on June 12, 1979.
The condition in the Planning Board's resolution granting final approval
provided that the applicant file with the Planning Board a Declaration of
Covenants and Restrictions to the effect that the remaining Witherspoon
property to the west of the two lot minor subdivision be not further
subdivided.
The applicant's attorney filed a declaration. However,
expl icitly contain the requested restriction. Apparently,
action has been taken by the Planning Board.
it did not
no fu rther
The Zoning Code permits the development of the lots on the minor
subdivision with a minimum lot size of 40,000 sq. ft. It would appear to
me that the best procedure is for the Planning Board to schedule a new
hearing for the final approval of the subdivision, and thereafter approve
the same with the same conditions and then require that a new
declaration be prepared and filed to contain the conditions required by
the Planning Board.
Yours very truly,
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ROBERT W. TASKER
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STANLEY S. CORWIN
SAMUEL J. GLICKMAN
. . . . . .
CORWIN AND GLICKMAN
ATTORNEYS AT LAW
114 MAIN STREET
GREENPORT. N. Y. 11944
TELJU>HOl'JE 1516 . 477.0800
July 28, 1979
Mrs. Muriel Brush, Secretary
South old Town Planning Board
Town Hall
Southold, N. Y. 11971
Dear Muriel
Enclosed is a Declaration of Charles S. Witherspoon with respect
to his residence property at Horton's Point and related to the
Board's action of June 12th.
In due course please secure-tBe..,Chairman's approval endorsed on the
mt= . -!>.IJbdiViSioncp of the adj~ining property.
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Stanley S. Corwin
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Southold, N.Y. 11971
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FRANK S. COYLE
HENRY E. RAYNOR, Jr. , Chairman
FREDERICK E. GORDON
JAMES WALL
Bennett Orlowski, Jr.
TELEPHONE
765. 1938
June 22, 1979
Stanley S. Corwin, Esq.
Main Street
Greenport, New York 11944
Dear Mr. :::orwin:
The following action was taken by the Southold Town Planning
Board at 9. regular meeting held June 12, 1979.
WHEREAS, a formal application for the approval of a subdivision
plat, entitled Minor Subdivision of Charles S. Witherspoon, was
submitted to the Planning Board on March 20, 1979, and an
application fee in the amount of $20 was paid on April 13, 1979,
and
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall in Southold, New York, on
May 8, 19'79 at 8:15 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat and
application.
Now, therefore, be it RESOLVED, that the application of Charles
S. Witherspoon for approval of said subdivision plat prepared by
Roderick Van Tuyl, P.C., and dated April 9, 1979, be approved
subject to receipt w'ithin sixty days of covenants and restrictions
for the unnumbered lot west of lot number 1 in the subdivision.
Upon receipt of same the Chairman of the Planning Board is authorized
to endorse approval on said subdivision plat.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Brush, Secretary
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Southold, N.Y. 11971
(516) 765-1938
June 12, 1984
Mr. Robert Tasker
Town Attorney
425 Main street
Greenport, NY 11944
Re: Minor subdivision of Charles Witherspoon
located at Southold
Dear Mr. Tasker:
With regard to the above subdivision application, please note
the following events, enclosed is a map for your review.
1. Application for subdivision received March 27, 1979
2. Sketch approval granted April 4, 1979 (see enclosure)
3. Final maps received April 9, 1979
4. Public hearing held on May 8, 1979 (see enclosure)
5. Negative Declaration under SEQRA June 12, 1979
6. Resolution of final approval with conditions June 12,
1979 (see enclosure)
7. Transmittal letter from applicant's attorney enclosing
covenants and restrictions July 28, 1979 (see enclosure)
8. Correspondence fron the Planning Board to the attorney
returning the covenants because they lack the restriction
August 29, 1979 (see enclosure)
9. Maps never signed by the Chairman or filed with the
County Clerk.
Mr. aker
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P.2
. June l2, 1984
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_______________M~___________________________________________
The applicant has expressed a desire 'b sell Lot No. land
the purchaser is' very anxious to finalize this subdivision.
The Planning BO~lrd is. requesting your advice on how to proceed
with the application, would it fall under Local Law lO or
would a new appl.ication need to be made.
Thank you for your assistance.
Very truly yours,
BENNETT ORLOWSKI,JR., CHAIRMAN
~,.(OU, THOLD TOWN PLAN, NING BOARD
U.c ,iC-t'--{rr- c)~ en 1'\', iu. Ixr _ CCYV!
By Diane M. Schu~tze, ~cretary
enc.
Legal Notices
LEGAL NOTICE
NolI.e of Hearing
NOTICE IS HEREBY
GIVEN that fursuant to
Section 276 0 Town Law,
public hearings will he held by
the Southold Town Planning
Board at the Town Hall, Main
Road, Southold, New Yark in
said town on the 9th day of
July, 1964 on the question of
the following:
7: 30 p.m. Apl'roval of the
minor subdivision of
Randazzo Building Company
located at Southold, County of
Suffolk, and State of New York
and bounded and described as
follows:
BEGINNING at the corner
formed by the intersection of
the easterly side of Railroad
A venue with the southeasterly
side of Old North Road'
running thence along th~
southeasterly side of Old
North Road the following 3
courses and distances:
J) North 33' 61' 50" East
196.77 feet;
2) North 54' 26' 10" East 525
feet;
3) South 71' IS' East 150.63
feet to the westerly side of
land now or formerly of
William Coleman.
thence along said land the
following 2 courses and
distances
J) South I' 40' 00" East
39(1.03 feet;
2) South 12' 29' 40" East 425
feet to the northerly side of
land now or formerly of A.
Grigonis.
thence along said land, South
77' 30' 20" West 475' to the
easterly side of A. Salmon;
thence along said land the
following 2 courses and
distances :
1) North 11'19' 40" West 167
feet;
2) South 77' 30' 20" West 190
feet to the easterly side of
Railroad Avenue;
thence along the easterly side
of Railroad A venue the
following 2 courses and
distances :
J) North 11' 19' 40" West
11.04 feel; and
2) North IS' 15' 00" West
365.07 feet to the southeasterly
side of Old North Road, at the
corner aforesaidt and the
point or place of
BEGINNING. Containing
11.259 acres.
7: 45 p.m. Approval of the
minor subdivision of property
of Charles S. Witherspoon
located at Horton's Point in
the Town of Southold, County
of Suffolk and State of New
York, bounded and described
as follows:
BEGINNING at a point on
the southeasterly line of a 50-
foot right-of-way at the
southwest corner of land now
or formerly of Banick, and
running thence along the land
of Banick and land of
Anderson
South 67' 05' 30" East 370.89
feet
to a concrete monument set on
the northwesterly line of a 20
footrlgbt-of-way, thence along
the northwesterly line of said
20 foot right-of-way two
courses as follows:
J) South IS' 27' 20" West
33.34 feet
2) South 19' 13' 30" West
276.11 feeltoa point;
thence North 64' 50' West
893.49 feet to a point on said 50
foot right-of-way three
courses as follows:
1) North 14' 33' 40" East
107.16 feet
2) North 23' 35' 20" East
96.62 feet
3) North 31' 30" East 97.44
feet to the point of the BE-
GINNING. Containing 2.7
acres, more or less.
Any person desiring to be
heard on the above matters
should appear at the time and
place above specified.
DatedJune25,I984
ftmuJSROF
THE SOllTHOLD TOWN
PI.AN!tHG BOARD
BENNETI'~I.JR.,
CHAIRMAN
ITJ26-4606
JUDITH A. CHIEN
NOTARY PUBLIC. St.te of Ne. Yorl
No 4796131, SuHolk Count,
Term Exp"" M"'h 30 19~ )l;(CU.t l, (I. (( Lt' e ~/
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on Street. SouchaOd . 765.3652 THO- HARTFORD
3552, Shelter Island 749-0554 .1:
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Ivestment Broker
I E. Mann
lW York quo~tion
elephone lines
~.Y. 11935 e73+7500
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Most likely, if
showed you th4
investigate every
important. U the :
you probably fell d
Well, the prospe
your home are the
important in thei
they won't open y.
there. If they thinI
maybe they won't.
A house for sal
prospective buy..,
about examining
owner is standing ,
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between buyer
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answer questiom
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comfortable.
Make your bum
stand In for you to
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Arthur J.
Rt. 25. Soutt
Office (5'
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STATEOFNEWYORK )
) SS:
COUNTY OF SUFFOLK )
SUSAN W. ALLAN of Greenport. in
said County. being duly sworn. says that he/she is
Principal Clerk of THE SUFFOLK TIMES. a Weekly
Newspaper. published at Greenport. in the Town
of Southold. County of Suffolk and State of New
York. and that the Notice of which the annexed is
a printed copy. has been regularly published in
said Newspaper once each week for one
weeks successively. commencing on the 28th
day of June 19~
S?~'A" (0, ~~c;.
Principal Clerk
Sworn to before me this
day of )"Ilo
28th
19-84.
JUDITH A. CHIEN
NOTARY PUBLIC. St.te of New York
No 4796131. Suffolk Count, '), ,
Term Exp"" March 3D 19~ ~v,ct/ t~ Ci. C CL~e~
LEGAL NOTICE
Notice of Her ~
NOTICE IS HEk_ ,Y GIV-
EN that pursuant to Section
276 of Town Law, public
hearings will be held by the
Southald Town Planning
Board at the Town HaIJ, Main
Road, Southold, New York in
said towu on the 9th day of
July, 1984 on the question of
the following:
7:30 p,m. Approval of the
minor subdivision of Randazzo
Building Company located at.
Southold, County of Suffolk
and State of New York and
bounded and described as
follows:
BE9INNING at the corner
formed by the intersection of
the easterly side of Railroad
Avenue with the southeasterly
side of Old North Road;
running thence along the
southeasterly side of Old
North Road the following 3
courses and distances: 1)
North 33 degrees 61' 50" East
196.77 feet; 2) North 54
degrees 26' to.. East 525 feet;
3) South 71 degrees 15' East
150.63 feet to the westerly side
of land now or formerly of
William Coleman. thence a-
long said land the following 2
courses and distances 1) South
1 degree 40' 00" East 390.03
feet; 2) South 12 degrees 29'
40" East 425 feet to the
northerly side of land now or
formerly of A. Grigonis.
thence along said land, South
77 degrees 30' 20" West 475'
to the easterly side of A.
Salmon; thence along said
land the following 2 courses
and distances: 1) Nort~ 11 0
19' 40" West 167 feet; 2)
South 77 degrees 30' 20" West
190 feet to the easterly side of
Railroad Avenue; thence along
the easterly side of Railroad
Avenue the following 2 cours-
es and distances: 1) North 11
degrees 19' 40" West 11.04
feet; and 2) North 15 degrees
15' 00" West 365.07 feet to the
southeasterly side of Old
North Road, at the corner
aforesaid, and the point or
place of BEG1NNING. Con-
taining 11.259 acres.
7:45 p.m. Approval of the
minor subdivision of property
of Chares S. Witherspoon
located at Horton's Point in
the Town of Southold, County
of Suffolk and State of New
York, bounded and described
as follows:
BEGINNING at a point on
the southeasterly line of a
50.foot right.of.way at the
southwest corner of land now
or formerly of Banick and
running thence along the land
of Banick and land of Ander-
son
South 67 degrees 05' 30"
East 370.89 feet to a concrete
monument set on the north-
westerly line of a 20 foot
right-of-way, thence along the
northwesterly line of said 20
foot right-of-way two courses
as follows: 1) South 15 degrees
27' 20" West 33.34 feet 2)
South 19 degrees 13' 30" West
278.11 feet to a point; thence
North 64 degrees 50' West
393.49 feet to a point on said
50 foot right-of-way three
courses as follows: 1) North 14
degrees 33' 40" East 107.16
feet 2) North 23 degrees 35'
20" East 92.62 feet 3) North 31
degrees 30" East 91.44 feet to
the point of the BEGINNING.
Containing 2.7 acres, more or
less.
Any person desiring to be
heard on the above matters
should appear at the time and
place above specified.
Dated June 25, 1984
BY ORDER OF THE
SOUTHOLDTOWN
PLANNING BOARD
BENNETT ORLOWSKI, JR.,
CHAIRMAN
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southald, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ..........................(...........weeks
~
successively, commenc' g on the ...............r?r..............
............. W
4;ot ~.:~..... ........... ...::......................' 19~
Sworn to before me this ...........dr..."!..........
....................f).~...., 19...4Y
day of
...............d~...~...............
Notary Public
IlARBARA FORBES
NotMry Public, State of New York
No. .1lO6846
\tualified in Suffolk County
. j sinn Expires March 30, 19 66
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.N281984
Cfr~ iff 9UC6, fi
ATTORNEY AT LAW
828 FRONT STREET
GREENPORT, N.Y. 11944
PHONE (516)477-1016
June 27, 1984
Planning Board
Town of Southold
Main Road
Southold, New York
11971
Re:
Application of Charles
Witherspoon
Notice dated June 25, 1984
Gentlemen:
Please be advised that I do not ahd have
not represented Charles Witherspoon in the past.
I believe you have erroneously listed me as his
attorney.
Correct information can be obtained from
Mr. Albert W. Albertson, Jr. at 765-3800.
Very truly yours,
William H. Price, Jr.
WHP:kk
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:',TA:\"I.Ei N. COHWJS
SAIII',,;!. J. Ul.h',iJlJAc.;
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COHWIN A.NIJ G1.ICKMAN
ATTOHNl'.:\'lf A.T LA.W
] 1. WAIN 8TUe..T
ORt!:I!NPOHT. N. Y. 119..
Ta....no.. IUd. ."''''.0800
.July ~8. 1879
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Mrs. Muriel Brush. Secretary
Southold Town Planning Board
'I'own Hall
SOllthold. N. Y. I1D71
Dear Muriel
f';ncl osed is a Declaration of Charles S. Witherspoon with re,ipect
to his residence property at Horton's Point and rdated to the
Board's action of June 12th.
In due course please ,sJ;cure-~Chairman's approval
miLlO-I" .gVbdiViSioncp of the adj~ining property.
C\t:~i"l1~. )
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J" C' '-A-.L ''----'6 '--'----""~~ - _.
endorsed on the
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Stanley S. Corwin
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DECl.u'l.RA TLON made thiH ~ath (jay of July, 1979, by CHAIU...t;S S.
WiTtlEHSPOON r('Hidi"g at Priv,,-rc Road, Horton's Point, Southold, Nt.'!w York,
II>
hel.ciri.~fl'L'r caUed tht' liOwner";
W lIEB!.;..\.S, the Owner has title to ';ertain lauds H1tuate, lying and being i I
at Soutlwld, in the Town of Sc.)uthold, County of Suffolk and State of New York. !,laid
licmls hereinafter being more particularly dellcribed ; and
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WJJERF..AS, by a resolution duly adopted by the Southold Towll Planning I
i, I'd ,m.Julle 12, 187lJ, "- minor subc:i1visiou map of .tlle premi13es adjacent to the
north, or northeast, of the said lands hereinafter more particularly described wall
conditionally approvt'd, subject to the receipt by said Board of this Declaration;
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NOW, THEREFO~E, the following described lands shall be restricted
as hereinafLer Be t forth:
ALL that certain tract or parcel of land situate, lying and ! 1
being near Horton's Point, near the Village of Southold, in the Town ',i
of Southold, County of Suffolk and State of New York, bounded and i!i
!!
described as follows: I,
BEGINNING at a point on the southeasterly line of a 50 foot ~
right of way, at the northwest corner of land conveyed to the declarant I,:
and another by a deed dated May 10, 1948, and running thence north- I
easterly along other lands of the declarant about to be conveyed to
Arthur W. Rathje and another a distance of about 395 feet to a 20 foot
'it
right of way, thence south 190 ] 3' 30" west about 200 feet to land of "
Hyatt, thence in a northwesterly direction along the lands of Hyatt and 11.'1.
landtl now or formerly of Simmons 371.73 feet to a 50 foot right of way, i.f
then.ce northerly along the said 50 foot right of way 204.07 feet to the
:::::~:: ::e::::~::~~ther warrant, covenant and represent :1
th;).t the foregoing restrictions and agreements shall bind the undersigned, his hl:irsf
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successors and assigns, and any and all person or persons'who shall succeed to
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the ownership of any of the lots shown on said aforedescribed prerniaes in aaiel. ~
subdivision by transfer or otherwise.
IN WITNESS WHEREOF, the Declarant has caused his hand and seal
to be affixed this 28th day of July, 1979.
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9farles S. Witherspoon
STA TE OF NEW YORK)
)6S.:
COUNTY OF SUFFOLK)
On the 28th day of July, 1979, before me personally came CHARLES S.
WITHERSPOON, to me known and known to me to be the individual described in
and who executed the fOr~IlOing instrument ~knOWledied to me that he executed
the same. .
,". STANtE\' s. r.D~II.'IN ",
1lIlULia't PU/)W:, .",t.. .'1 Now YIlII J . .
, t..,_ ~,.-) T."'., -101 J
lIl:;r~'...' u.}. "'~'-.',:., v".
Jr#-;"- fJ"11JiL~N" . "~
.~" Ptar.)ir Ia' ,State of New York
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April 5, 1979
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Stanley S. Corwin, Bsq.
Main Street
Greenport, New York 11944
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Dear Mr. Corwin:
The following achon was taken by Utel:iouthold Town
P1uninq Board at a: rfiUlar meeting held March 2.7, 1979.
aMOJ.VBD to approve the sketch map of the property
of Charles Witherspoon for a two lot minor subdivision
subject to covenants for the property on the westerly
side that it will not..~ further subdivided.
Upon receipt of the six mapa 1nd1catinfJ "Map of
Minor Subdiv1aionof.'Charles Witherspoon" and the fee 1n
the ..ount of $20'.00% will present thb matter to the
Planning Board to..~a date for a public hearing.
I enclose sample of covenants.
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Yours truly,
Muriel Bruah. 'eeretary
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Incloaure
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Soutbold. N.Y. 11971
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HENRY E. RAYNOR. Jr. , Chm.
FREDERICK E. GORDON
JAMES WALL
Bennett Orlowski, Jr.
TELEPHONE
765 -1938
August 21, 1979
Stanley S. Corwin, Esq.
Main Street
Greenport, New York 11944
Dear Mr. Corwin:
Upon review of the restrictive covenant to be
placed on the lot to the west of Mr. Charles S.
Witherspoon's subdivision it was found that the
restriction was missing.
I am returning it to you for correction.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Enclosure
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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 9th day of July, 1984 onthe questlon of
the followlng:
7:30 p.m. Approval of the mlnor subdlvlsion of Randazzo
Building Company located at Southold, County of Suffolk, and
State of New York and bounded and described as follows:
BEGINNING at the corner formed by the intersection of
the easterly side of Railroad Avenue with the southeasterly
side of Old North Road; running thence along the southeasterly
side of Old North Road the fOllowing 3 courses and distances:
1) North 330 61' 50" East 196.77 feet;
2 ) North 540 26' 1011 East 525 feet;
3) South 710 15 ' East 150.63 feet to the westerly side
of land now or formerly of William Coleman.
thence along said land the following 2 courses and distances
1) South 10 40' 00" East 390.03 feet;
2) South 120 29' 40" East 425 feet to the northerly side
of land now or formerly of A. Grigonis.
thence along said land, South 770 30' 20" West 475' to the
easterly side of A. Salmon; thence along said land the fOllowing
2 courses and distances:
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1) North 11 19' 40" West 167 feet;
2) South 770 30' 20" West 190 feet to the easterly side
of Railroad Avenue;
thence along 1:he easterly side of Railroad Avenue the fOllowing
2 courses and distances:
1) North 110 19' 40" West 11.04 feet; and
2) North 150 15' 00" West 365.07 feet to the southeasterly
side of Old North Road, at the corner aforesaid, and the point
or place of BEGINNING. Containing 11.259 acres.
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7:45 p.m. Approval of the minor subdivision of property
of Chares S. Witherspoon located at Horton's Point in the
Town of southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the southeasterly line of a
50-foot right.-of-way at the southwest corner of land now
or formerly of Banick, and running thence along the
land of Banick and land of Anderson
South 670 OS' 30" East 370.89 feet
to a concrete monument set on the northwesterly line of a
20 foot right-of-way, thence along the northwesterly line
of said 20 foot right-of-way two courses as follows:
1) South 150 27' 20" West 33.34 feet
2) South 190 13' 30" West 278.11 feet to a point;
thence North 640 50' West 393.49 feet to a point on said 50
foot right-or-way three courses as follows:
1) North 140 33' 40" East 107.16 feet
2) North 230 35' 20" East 92.62 feet
3 ) North 310 30" East 97.44 feet to the point of the
BEGINNING. Containing 2.7 acres, more or less.
Any person desiring to be heard on the above matters
should appear at the time and place above specified.
BY ORDER OF THE SOUTH OLD TOWN
PLANNING BOARD
BENNETT ORLOWSKI,JR., CHAIRMAN
PLEASE PUBLISH ONCE ON JUNE 28, 1984 AND FORWARD TWO AFFIDAVITS
OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HALL
Dated June 25, 1984
MAIN ROAD, SOUTHOLD, NEW YORK 11971
Copies mailed to the following June 25, 1984:
Supervisor Francis J. Murphy
Suffolk Times
Long Island Traveler Watchman
Vito Randazzo, President Randazzo Building Company
William Price, Jr. esq.
Jeffery Conforte, esq frr Charles Witherspoon Estate
Planning ard .
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subdivision. The note on the map is for the two lots in
question. The resolution says for the westerly side that there
will be be further subdivision.
Mr. Corwin: You can make it subject to the filing of such an
instrument and we will get it to you.
Mr. Corwin presented the short Environmental Assessment Form
Mr. Raynor: Is there anyone present here this evening that has
any information with regard to this subdivision that should
become pertinent to this applican't submission tonight.
Hearing none, we will declare the public hearing closed.
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Herbert Wells property. Burt Lewis appeared with Mr. Wells.
This property has gone to DEC and is being processed in
compliance with the SEQRA law. The Board is in receipt of sketch
maps of the minor subdivision. Mr. Wells will be provided with
a short EAF to be completed as well as a set of procedures with
regard to the filing of a minor subdivision (these were given to
him at the meeting). The DEC will be informed that the Southold
Town Planning Board wishes lead agency status in this matter.
On motion made by Mr. Wall, seconded by Mr. Coyle, it was
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RESOLVED to forward to the Southold Town Conservation V
Advisory Council for its comments and recommendations the map [/"1 'i ~
of the proposed minor subdivision of property of Herbert W. lu I,l ~
Wells. /":)) /;J ,/
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Vote of the Board: Ayes; Raynor, Coyle, Gordon, Wall jI/) ...v
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Fontana minor subdivision. George Friedman appeared for Mr.
Fontana.
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The sketch map presented shows two rights-of-way. The Board
wants only one right-of-way to serve the four lots. The road v'
will have to be improved to the specifications of the Planning
Board inspector. The lots must be numbered. A short EAF will
be sent to Mr. Friedman and a set of procedures. t
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North Fork Equities. Minor subdivision. Robert Gillispie III --f0Y~
and Jack Dempsey appeared. 9,000 square foot parcel has been ~" I
held out. This must be labelled "reserved for future dedication )
to the Town of Southold". It will be necessary to have an U \
affidavi t of ownership for the file as this is a corporation. V /\
It is not necessary that the road be built at this time. There \.1 ~
has to be a copy of an agreement with the Village of Greenport Iv'
Water District as to the water supply. There was a ques"tion of
what happens to the fee title of the reserved piece. Mr. Raynor
will explore this with the Town Attorney. They would like to
I 8:15 p.m. Public Hearing on the question of the approval of the
I minor subdivision of~property of Charles Witherspoon at Southold.
f Stanley S. Corwin, Esq., appeared for Mr. Witherspoon.
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Mr. Coyle made a motion, seconded by Mr. Gordon and carried
to approve the minutes of the regular meetings of March 27 and
April 16, 1979.
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Mr. Raynor announced that there would be a meeting on
wastewater management to be held at the Town Hall on May 10,
1979 at 7:30 p.m. This program is jointly sponsored by the Town
Board, League of Women Voters, North Fork Environmental Council
and North Fork Audubon Society.
Mr. Raynor also announced that there would be a meeting at
Supt. of Highways Dean's office at 8:30 p.m. May 10 regarding ~
the subdivision map of "Long Pond Estates. Section One". He
invited the Board to participate in this meeting.
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Mr. Raynor announced that there has been a complaint about
the filling in of swales in the "Fairway Farms" subdivision.
Mr. Jack Davis, Planning Board Inspector, has done an inspection
for the board and finds this to be true. The Town Attorney has
been consulted and written notification will be given to Mr.
Philip Babcock, President of Fairway Farms, and the eight lot
owners involved that this is not in conformity with the covenants
and restrictions which are filed in the Suffolk County Clerk's
Office.
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Mr. Raynor: In the 'file there is a copy of the legal notice,
correspondence from the Board to the attorney for the applicant,
description of the property involved, receipt of payment of fee,
copy of the application, sketch map, deed to the property. I
have a letter to the applicant's attorney dated April 5th
approving the sketch plan subject to covenants for the property
on the westerly side that it will not be further subdivided.
As is the procedure of the Board with a public hearing we will
ask if there is anyone present this evening that would like to
speak in opposition to the subdivision of Charles S. Witherspoon
located at Horton's Point, Southold. Hearing none, is there
anyone present this evening that would like to speak in favor
of this proposed minor subdivision.
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Mr. Raynor read the legal notice and presented proof of publication.
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Mr. Corwin:
I will stand on the record of the former meeting.
Gentlemen, have you any questions about the sub-
don't find in the file a copy of the covenants and
that was requested by the Board for no further
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LEGAL NOTICE
Notice of Hearings
NOTICE IS HEREBY
GIVEN that pursuant to Section
276 of the Town Law. Public
Hearings will be held by the
Southold Town Planning Board
at the Town Hall. Main Road.
SouthoJd, New Yark,. in said
town on the 8th day of May.
i 979 on the question of the
following:
7:30 p:m. Approval of the
minor subdivision of property of
Peter Sledjeski situate. lying
and being at Orient in the Town
of Southold. County of Suffolk
and State of New York. bounded
and described as follows:
BEGINNING at a point on the
southerly side of Main Road
which point is the southwest-
erly corner of the premises
about to be desctibed and the
southeasterly corner of land
now or formerly of Binzley;
running thence from said point
of beginning along land now or
formerly of Binziey N. 0' 03'
10" E. 300.43 feet to landnowor
formerly of Rose; running
thence along land now or
formerly of Rose the following
three courses and distances: (1)
S. BO' 02' 40" E. 30.2feet(2) S.
68' 10' 20".E.152feet(3) N. 3'
30' 20" W. 66feettolandnowor
formerly of Stillo; running
thence along land now or
formerly of Stillo N. 86' 29' 40"
E. 286.76 feet to land now or
formerly of K. Sledjeski; run-
ning thence along land now or
formerly of K. Sledjeski S. 8'
03' E. 207.67 feet to a
monument and land now or
formerly of Rose; running
thence along land now or
formerly of Rose the following
four courses and distances: (1)
. N. 74' 39' W. 118.75 feet (2) S.
6' 21' E. 182 feet (3) N. 86' 13'
W. 33 feet (4) S. 10' 03' W.
132.0 feet to the northerly side
of Main Road; running thence
along the northerly side of Maio
Road N. 64' 10' 10" W. 368.89
feet to the point or place of
beginning. Containing 3.616
acres, more or less.
7:45 p.m. Approval of the
minor subdivision of property of
Thomas and Jean Jones situate,
lying and being at Cutchogue.
intheTownofSouthold, County
of Suffolk and State of New
York. bounded and desctibed
as follows:
BEGINNING at a point on the
southerly side of Old Pasture
Road distant 109 feet westerly
from the corner formed by the
intersection of the southerly
side of Old Pasture Road with
the westerly side of West Creek
Avenue; running thence along
the land now or formerly of K.
Fleet. S. 23' 05' 20" E. 438.53
feet to Jand now or formerly of
W. P. Emery; running thence
along said land. S. 45' 40' 30"
W. 209.70 .feet to Wickham
Creek; running thence along
said Wickham Creek, the tie
line of which bears N. 560 39'
SO" W. 206.11 feet to the
easterly side of Honeysuckle
Lane; running thence along the
easterly side of Honeysuckle
Lane. N. 35' 12'00" W.225 feet
to the corner formed by the
intersection of the easterly side
of Honeysuckle Lane with the
southerly side of Old Pasture
Road; running thence aJong the
southerly side of Old Pasture
Road. N. 47' 52' 00" E. 376.90
reet to the poffif 'or plat:e of
BEGINNING. Containing 2.95
acres, more or less.
8:00 p.m. Approval of the
Katherine Bitses to b~ k~ow~ as
"Old Town Park" situate, lying
and being in Southold in the
Town of Southold'. County of
Suffolk and State of New York
and bounded and described as
follows:
BEGINNING at a point on the
southerly line of Main Bayview
Road about 1.000 feet westerly
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER.WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and thot the notice of which the annexed is a printed copy,
has been published in said Lang Island Traveler-Watch-
man once each week for ............./........................ weeks
successively, commencing on the ..3...............................
di"c~~~....................... 191t.....
( \.:~i.=................:........~.:::..:...~~~:....
Sworn to before me this ....'1............... day or
..)117................., 19..7.7...
...............~.Ut.ft.~..~...........~.
Notary Public
Cr,
iWTARY i'" ". ,
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Residhg in )'''1:': "
GQmmi~.,io)n -Lq'n'e~' i>:_;~t:';,I';.:;? I:;S"{
2'''-'((1r.k
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along said line from JliCOb's
Lane, being the northwesterly
corner of land conVeyed by
Howard A, Toedter, Inc. to
Lefferts Edson, and running
thence more or less perpen_
dicular to the southerly line of
Main BaYView Road as follows:
S. 29057' 20" W. a distance of
300 feet, thence parallel to the
SoUtherJysideofMaiu BaYview I
Road N. 600 02' 40" W. a "-
distance of 543.67 feet, thence
N. 49000' E. a distance ofB8.36
feet, thence N. 100 00' E. a
distance of 230.29 feet to the
southerly side of Main BaYView
Road, thenceS. 600 02' 40" E. a
distance of 593.42 feet to the a
paint of place of BEGINNING. ,~
Containing four acres, more or (0
less. ::J
8:15 p.m. ApproVal of the ..
minor subdivision of property of M
CharlesS. Witherspoon located ~
at Horton's Point in the Town of '0
Southold, County of Suffolk and :OJ
StateofNewYork,andbounded ld
and deScribed as follows: :!d
BEGINNINGatapaintonthe ."
southeasterly line of a SO foot uo
right,of.way at the southwest ~l
corner of land now or formerly 'Ulf
of Banick, and running thence ,(oJ
along the land of Banick and 10S
land of Anderson S. 670 05' 30"
E. 370.89 feet; to a concrete 8H
monument set On the north.
Westerly line of a 20 foot
right.of.way, thence along the
northwesterly line of said 20
footright-of.waytwo courses as
follows: (1) S. 150 27' 20" W.
33.34 feet; thence (2) S. 19013'
30" W. 278.11 feet to a paint;
thenceN. 640 SO' W. 393.49 feet
to a paint on said SO foot
right-of'way three courses as
follows: (l) N. 140 33' 40" E.
107.16 feet, thence (2) N. 230
35' 20" E. 92.62(eet, thence (3)
N. 310 30" E. 97.44 feet to the
paint of BEGINNING. Contain.
ing 2. 7 acres, more or less.
Any person desiring to be
heard on the above matters
should appear at the time and
place above specified.
Dated May I, 1979
BY ORDER OF
THE SOUTHOLD TOWN
PLANNING BOARD
HENRYE.RAYNOR,JR.,Ch
Chairman
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COUNTY OF SUFFOLK ss:
STATE OF NEW YORK
h t she is the
. duly sworn, says t a
Patricia Wood, being RAVELER-WATCHMAN,
LONG ISLAND T .
Editor of THE h Id in Suffolk County,
' rinted at Sout 0 ,
o public newspaper p ed is a printed copy,
. f which the annex
d that the notice 0 I d Traveler-Watch-
on . 'd Long Is an
has been published In SOl I ...................... weeks
h week for ............. ":"
man once eac -< ...................
. the ..,./..............
. I ommenclng on .. IJCi
successive Y. c 191.1....
di~....~...................... ( C
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. '-.- "\. ".~--- ........
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<: ..............
" ........:'";........~..h ....
tho i ............. day a.
Sworn to before me 1S7;'" ......
../117.................. 19....I
rJA.~!:!:fl.~:.~............
....................... Notary PublIc
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J~OT;U\'Y l' ;[" {l'1~
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i'amn~~~ii~.~11 :;~i'~~: ;r'_;:;~l.ll~'-';:,!;ty.1 ';kf
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COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
COMMISSIONER
May 25, 1979
Mr. Henry E. Raynor, dr., Chainnan
TO\~n of Southold Planning Board
Town Hall
Southold, New York 11971
Re: Minor Subdivisions (SEQRA) - Old Town Park at Southold; Thomas and Jean
Jones located at Wickham Creek, Cutchogue; Charles Witherspoon at
Southold; Peter Sledjeski at Orient
Dear Mr. Raynor:
In reference to the above minor subdivisions, this Department agrees with
your position as lead agency.
A cursory review of the properties indicate that the availability of suffi-
cient potable water for the map designated as Old Town Park at Southold is
questionable and should require a test well prior to approval for home con-
struction.
The other minor maps are expected to have conditions suitable for water sup-
ply and sewage disposal.
Very truly yours,
G~J:~~_
Royal R. Reynolds, P.E.
Assistant Public Health Engineer
General Engineering Services
RRR:cah
COUNTY CENTER
RIVERHEAD, NEW YORK 11901
(516) 727-4700
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Bennett Orlowski, Jr.
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FRANK S. COYLE
HENRY E. RAYNOR. Jr. , ChIn.
FREDERICK E GORDON NEGATIVE DECLARATION
JAMES WALL NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Date: June 12, 1979
SouthoId. N.Y. 11971
TELEPHONE
765. 1938
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter .1+4 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 THE ACTION
The minor subdivision of Charles S. Witherspoon is a two-lot
res.idential subdivision on 2.7 acres at Southold, New York.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An enviror~ental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to Occur should the project
be impleme'nted as planned;
The NYSDEC has no object to the project as it does
not appear that the project lies within the jurisdiction
of the Tidal Wetlands Act due to distance of tidal water;
The Suffolk County Department of Health Services has
stated that it is expected that the conditions will be
suitable for water supply and sewage disposal;
The project will meet all requirements of the Code of
the Town of Southold Subdivision of Land regulations.
Further information can be obtained by contacting Ms. Muriel
Brush, Secretary, Southold Town Planning Board, Town Hall, Southold,
New York 11971.
cc: "Commissioner F1acke
vSupervisor Martocchia
vStanley S. Corwin, Esq.
vRoy L. Haje, NYSDEC
"Royal R. Reynolds, SCDHS
vGeorge Fisher, .sr. BuUding Inspector
vtlulletin Board
.
.
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Southold. N. Y. 11971
(516) 765-1938
June 13, 1984
Mr. Robert W. Tasker
Town Attorney
425 Main Street
Greenport, NY 11944
Re: Charles S. Witherspoon
minor subdivision located at Southold
Dear Mr. Tasker:
As per your request, enclosed herewith is a copy of the covenants
and restrictions submitted to the Planning Board by Mr. Corwin
with regard to the above mentioned subdivision, which were
returned since they lack the restriction.
I did not have these in the file, however, they were brought
to the office by Mr. Price. Also, enclosed is a copy of
the Planning Board's resolution indicating what the restriction
was to be.
If you need any more information, please don't hesitate to
contact this office. Again, thank you for your assistance.
~;y truly yours,
~Q....~~ A _ s..... (/ ,tt\, ~
Diane M: ~chul~Secretary
Southold Town Planning Board
enc.
I
/
,
{
I. Both lots are oversized so the board would require restrictive
! covenants so there 1tlOuld be no au-plication for resubmission. Mr.
l Conlin was asked if there would be any objection to a covenant
1 t~at there be no further subdivision of the parcel directly to
;1 the \Jest of number 1. !'II'. Corwill said he didn I t feel he could I
\ ILecb" that representation foJ1l;hc o'..:ner. Then he said he could ,J
I". gi ve a covenant not to subdivide the adjacent piece. TheBoard /
", '.:ill take the sketch man under consideration and [jive some ".../
",~determination "Hith :rega:r'd to it. r''--
....-..
c
(
l
PlaJming Boa.
./ c
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.
.1arch 2. 19?9
. -Ll-
The Southold TOIm Fire District Officers Association would
like to recommend the following changes and additions to the
regulations for Subdivisions pertaining to requirements for
fire\Jells for your consideration.
Eliminate the number of dwellings required for each firewell.
The determination as to the need for fire protection should be at
the discretion of the fire district involved.
Location of fiJ~ewells should be determined by the Officers
of the Fire District.
A map of the proposed subdivision should be sent to the
COY'll.1issioners of the Fire District. The Fire District will respond
\.Ii thin 30 days as to the need of firewells.
The well should be at least 8 inch minimum, 20 foot stainless
steel screen minimum, mesh to be determined as to type of strata
encountered, should produce 350 GPI'1.
Final testing and approval by the Board of Commissioners
,lith notifications of acceptance to the PlaJilling Board.
Thank you for consideration and cooperation.
/s/ Henry F. Moisa, Secretary
;.U'. Raynor feels that this should be taken under consideration
as 1.;ell as some of the ideas that were worked on in January and
sit dovlll with the Tm-lll Attorney soon and work out what should be
put in the Code. The decision of where the fire hydrants and/or
fire':lells should be has to come from the Planning Board but the
Fire Commissioners have more experience and the Board should try
to utilize their suggestions and recommendations. YlI'. Wall was
asked how this would affect Fishers Island and he said the;y go
overboard 8-Yld had the equipment to take care of this and wouldn 't
be in need of fire hydrants or fire-:Iells.
* * *
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Charles vJitherspoon minor subdivision.
appeared.
Stanley Corwin, Esq.
v
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>r< '* *
legal I1OlICt:
LEGAL NOTICE
. NolJee 01 Rea.... _
NOTICE IS HEREBY
GIVEN that ~ to See:
tiOll 276 01 the TQWD lAw,
. 'l'ublic HearinIIlI will be held
!. IIr the Southold Town PJan..
~-mllll Boai'd at the TOWIl HaD, .
Main Road, Soutbold, New
York, in said fown 01\ IhUlb
day 01 May, 1979, on the
question of the following:
7: 30 p,m, .Approva. I of the
minor subdivlslonof pnJpel'ty
of Peter SledjesId situate, ly-
ing and being at OrIentin the
Town of. Soutbold, County of
Sl1ml1kandstate of New York,
bounded end deectlbed lIS fol-
lows:
BEGINNING et e point 011
the southerly side of Main
Road which point is the SGUth-
westerly COI'IIel" of the ...~
mises eboot' to be.. descn'bed
end the- IOUlheIlIlterly comer
of laiKI now or formei'ly of
... Binzlen I"UIIIIini thence {rom
BlIii! point 01 beginning elong
land now or formertyof Binz-
ley N. O. 03' 10" E. 300:43 feet
to land now or formerly of
Rose' running thence elong
land iww or formerly of Rose
the following three courses
end distences: (1) S. SO. 03'
40" E, 30.2 feet (2) S. 68. 10'
20" E. lS2 feet (3) N. 3' 30' 20"
W. 66 feet to land now or
formerly of Stillo; running
thence along land now or
formerly of Stillo N. 86. 29' 40"
E. 286.76 feet to land now or
formerly of K. Sledjeski; run-
ning thence along land now or
formerly of K. Sledjeski S. 8.
03' E. 207.67 feet to a monu-
ment and land now or former-
ly of Rose; running thence
along land now or formerly of
Rose the following four
courses and distances: (1) N.
74' 39' W. 118.7S feet (2) S. 6"
21' E. 182 feet (3) N. 86" 13' W.
33 feet (4) S. 10" 03' W. 132.0
feet to the northerly side of
Main Road; running thence
along the northerly side of
Main Road N. 640 10' 10" W.
368.89 feet to the point or place
of beginning. Containing 3.616
acres, more or less.
7: 4S p.m. Approval of the
minor subdivision of property
of Thomas and Jean Jones
situate, lying and being at
Cutchogue, in the Town of
Southold, County of Suffolk
and State of New York, bound-
ed and described as follows:
BEGINNING at a point on
the southerly side of Old Pas-
ture Road distant 109 feet
westerly from the corner
formed by the intersection of
the southerly side of Old Pas-
ture Road with the westerly
side of West Creek Avenue;
running thence along the land
now or formerly of K. Fleet, S.
23" OS' 20" E. 438.S3 feet to
land now or formerly of W. P.
Emery; running thence along
said land, S. 4S" 40' 30" W.
209.70 feet to Wickham Creek;
running thence along said
Wickham Creek, the tie line of
which hears N. 56" 39' SO" W.
206.11 feet to the easterly side
of Honeysuckle Lane; running
thence along the easterly side
of Honeysuckle Lane. N. 3S"
12' 00" W. 22S feet to the
corner formed by the intersec-
tion of the easterly side of
Honeysuckle Lane with the
southerly side of Old Pasture
Road; running thence along
the southerly side of Old Pas-
ture Road. N. 47" S2' 00" E.
376.90 feet to the point or place
of BEGINNING. Containing
2.95 acres, more or less.
8:00 p.m. Approval of the
minor subdivision of property
of Katherine Bitses to be
known as "Old Town Park"
situate, lying and being in
Southold in the Town of South-
old, County of Suffolk and
State of New York and bound-
ed and described as follows:
BEGINNING at a point on
the southerly line of Main
Bayview Road ahout 1,000 feet
westerly along said line from
Jacoh's Lane, being the north-
westerly corner of land con-
veyed by Howard A. Toedter,
Inc. to Lefferts Edson, and
running thence more or less
perpendicular to the southerly
line of Main Bayview Road as
follows: S. 29" S7' 20" W. a
distance of 300 feet, thence
parallel to the southerly side
of Main Bayview Road N. 60'
02' 40" W. a distance of S43.67
feet, thence N. 49" 00' E. a
distance of 86.36 feet, thence
N. 10' 00' E. a distance of
230.29 feet to the southerly side
of Main Bayview Road, thenc~
S. 60' 02' 40" E. a distance of
S93.42 feet to the point or place
of BEGINNING. Containing
four acres, more or less.
8: IS p.m. Approval 01 the
minor subdivision of property
of Charles S. Witherspoon lo-
cated at Horton's Point in the
Town of Southold, County of
Suffolk and State of New York,
and bounded and described as
follows:
BEGfNNING at a point on
the southeasterly line of a
SO-foot right-of-way at the
southwest corner of land now
or formerly of Banick, and
running thence along the land
of Banick and land of Ander-
son S. 67" OS' 30" E. 370.89
feet. to a concrete monument
set ~n the norhtwesterly line of
a 20-foot right-of-way. thence
along the northwesterly line of
said 20-foot right-of-way two
courses as follows: (II S. IS"
27' 20" W. 33.34 feet; thence
(2) S. 19" 13' 30" W. 278.11 feet
to a point; thence N. 64" SO' W.
393.49 feet to a point on said
SO-foot right-of-way three
courses as follows: (!) N. 14"
33' 40" E. 107.16 feet, thence
(2) N. 23" 3S' 20" E. 92.62 feet,
thence (3) N. 31" 30" E. 97.44
feet to the poipt of BEGIN-
NING. Containing 2.7 acres,
more or less.
Any person desiring to be
heard on the above matters
should appear at the time and
place above specified.
Dated May 1, 1979
BY ORDER OF
THE SOUTHOLD TOWN
PLANNING BOARD
HENRY E. RAYNOR, JR.,
CHAIRMAN
1 TM3-3203
. being duly Sworn.
~er of the SUFFOLK
at Greenport. in said
, annexed is a printed
uffolk Weekly Times
weeks
sl. . . . . . . . . . . . . .. . . . .
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ocI .mo OJ sllo.q pue ry Fee
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n;ii-19 5.00 7.00
f';;-29 5.00 7.00
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~ver 5.00 7.00 C
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
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J
'.... .~z:o!. .~~.~~~.V:~?!l. _..'.......... being duly Sworn.
says that .. he . . , is Printer and Publisher of the SUFFOLK
WEEKL Y TIMES. a newspaper published at Greenport. in said
county; and that thE' DOtia:. of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in E'och week, for. . . 9AIl . , . . , , , . , . , , . , , . . . " weeks
successiveoly oommencing on the .. .J~c:J.",. ',.""""""
day of , . . . ,11/!-y. . . . . . . " ~I'" ^
th ~.. i/1V. I ~
~;~~~wom to befor~~A~~;~':' i: :'17,,/: i....~......"'"
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~-G:T NCRTH FCRK FCOT RAGE L. .. .... . "7.li;i<f R:J;:,;;,l~
I Box 6~1, Greenport, N,y, 11944 . ('-' j
Ip '. ~a~~
t re.reglstratlon entries must be received no NOT~.,:/,;p,uc, Stale, ci N.... York
R(;;gj>.l.,U1~j ..," ~J1H.;,'", C:r.unty
Co C.b. ir-Jo. 52.~;.~D". '<;
mmissjon E:q;lres lI!ar~' 30. IS.S}'
. ,
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Memo. FHOM: CORWIN & GLICKMAN
-FOLD HERE-
ATTDRNEYS AN[) COUNSELORS AT LAW
GREENPORT, N. Y. 11,944
516 - 477-0800
TO:
I
Southeld Town Planning Board
Town Hall
Main Road
L Southold. N. Y. 11971
I
DATE: April 11, 1979
~
SUBJECT: Map of Minor Subdivision of Charles S. Witherspoon
Perimeter description and rights of way to public highway enclosed
in duplicate.
,
~~
.
.
Description of Property shown on "Map of Minor Subdivision made for Charles
S. Wi therspoon at Horton's Point, Southold, New York.
ALL that tract or parcel of land situate, lying and being near Horton's Point,
near the Village of Southold (unincorporated) in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly line of a 50 foot right of way,
hereinafter described, at the southwest corner of land now or formerly of
Banick, and running thence along the land of Banick and land of Anderson
S. 670 05' 30" E. 370.89 feet to a concrete monument set on the northwesterly
line of a 20 foot right of way, hereinafter described, thence along the north-
westerly line of said 20 foot right of way 2 courses, as follows: (1) S. 150 27' 20"
W. 33.34 feet; thence (2) s. 190 13' 30" W. 278.11 feet to a point; thence
N. 640 50' W. 393. 4H feet to a point on said 50 foot right of way; thence along the
southeasterly line of said 50 foot right of way 3 courses, as follows: (1)
N. 140 33' 40" E. 107.16 feet. thence (2) N. 230 35' 20" E. 92.62 feet. thence (3)
N. 310 30" E. 97. 44 feet to the point of beginning
TOGETHER with a right of way over said 20 foot right of way from the
northeasterly corner of the premises southeasterlv about 870 feet to the south-
easte:"ly boundary of land now or formerly of Hyatt. and thence over the existing
roadway to Sound View Avenue.
ALSO with a right of way over said 50 foot right of way from the northwesterly
corner of the premises southwesterly about 840 feet to a second 20 foot right of
way along land now or formerly of Hyatt. thence southeasterly over said second
20 foot right of way about 500 feet to the first described 20 foot right of way.
'"'
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LEGAL NOTICE
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the
Town Law, Public Hearings will be held by the Southold Town Planning
Board at the Town Hall, Main Road, Southold, New York, in said town
on the 8th day of May, 1979 on the question of the following:
7:30 p.m. Approval of the minor subdivision of property of
Peter Sledjeski situate, lying and being at Orient in the Town of
Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southerly side of Main Road
which point is the 80uthwesterly corner of the premises about to
be described and the southeasterly corner of land now or formerly
of Binzley; running thence from ry~~d point of beginning along land
now or formerly of Binzley N. 00 10" E. 300.43 feet to land now
or formerly of Rose j, running thence along land now or formerly of
Rose the following three courses and distances: (1) S. 800 02' 40"
E. 30.2 feet (2) S. 680 10' 20" E. 152 feet (3) N. 30 30' 20" w.
66 feet to land now or formerly of Stillo; running thence along
land now or formerly of Stillo N. 860 29' 40" E. 286.76 feet to
land now or formerly of K. Sledjeski; running thence along land
now or formerly of K. Sledjeski S. 80 03' E. 207.67 feet to a
monument and land now or formerly of Rose; running thence along
land now or formerly of Rose the following four courses and
distances: (1) N. 7Lfo 39' W. 118.75 feet (2) S. 60 21' E. 182
feet (3) N. 860 13' W. 33 feet (4) S. 100 03' W. 132.0 feet to the
northerly side of Main Road; running thence along the northerly
side of Main Road N. 640 10' 10" W. 368.89 feet to the point or
place of beginning. Containing 3.616 acres, more or less.
7:45 p.m. Approval of the minor subdivision of property
of Thomas and Jean Jones situate, lying and being at Cutchogue,
in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the southerly side of Old Pasture
Road distant 109 feet westerly from the corner formed by the
intersection of the southerly side of Old Pasture Road with the
.
Legal
.
Notice
-2-
.
~
westerly side of West Creek Avenue; rurming thence along the land
now or formerly of K. Fleet, S. 230 05' 20" E. 438.53 feet to land
now or formerly of 1if. P. Emery; rurming thence along said land,
S. 450 40' 30" W. 209.70 feet to Wickham Creek; running thence
along said Wickham Creek, the tie line of which bears N. 560 39'
50" W. 206.11 feet to the easterly side of Honeysuckle Lane;
rurming thence along the easterly side of Honeysuckle Lane, N. 350
12' 00" W. 225 feet to the corner formed by the intersection of
the easterly side of Honeysuckle Lane with the southerly side of
Old Pasture Road; rllllning thence along the southerly side of Old
Pasture Road, N. 47" 52' 00" E. 376.90 feet to the point or place
of BEGINNING. Containing 2.95 acres, more or less.
8:00 p.m. Approval of the minor subdivision of property of
Katherime Bitses to be known as "Old Town Park" situate, lying
and being in Southold in the Town of Southold, County of Suffolk
and State of New York and bounded and described as follows:
BEGINNING at a point on the southerly line of Main Bayview
Road about 1,000 feet westerly along said line from Jacob's Lane,
being the northwesterly corner of land conveyed by Howard A.
Toedter, Inc. to Lefferts Edson, and rurming thence more or less
perpendicular to thE~ southerly line of Main Bayview Road as
follows: S. 290 57' 20" W. a distance of 300 feet, thence
parallel to the southerly side of Main Bayview Road N. 600 02'
40" W. a distance of 543.67 feet, thence N. 490 00' E. a distance
of 88.36 feet, thence N. 100 00' E. a distance of 230.29 feet to
the southerly side of Main Bayview Road, thence S. 600 02' 40" E.
a distance of 593.4;~ feet to the point or place of BEGINNING.
Containing four acres, more or less.
8:15 p.m. Approval of the minor subdivision of property of
Charles S. Witherspoon located at Horton's Point in the Town of
Southold, County of Suffolk and State of New York, and bounded
and described as follows:
BEGINNING at a point on the southeasterly line of a 50 foot
right-of-way at the southwest corner of
land now or formerly of Banick, and rurming thence along the land
of Banick and land of Anderson S. 670 05' 30" E. 370.89 feet;
-
.
Legal Notice
.
.
-3-
to a concrete monument set on the northwesterly line of a 20 foot
right-of-way, thence along the northwesterly line of said 20 foot
right-of-way two courses as follows: (1) S. 150 27' 20" W. 33.34
feet; thence (2) S. 190 13' 30" W. 278.11 feet to a point; thence
N. 640 50' W. 393.1:,9 feet to a point on said 50 foot right-of-way
three courses as follows: (1) N. 140 33' 40" E. 107.16 feet, thence
(2) N. 230 35' 20" E. 92.62 feet, thence (3) N. 310 30" E. 97.44
feet to the point of BEGINNING. Containing 2.7 acres, more or
less.
Any person desiring to be heard on the above matters should
appear at the time and place above specified.
Dated May 1, 1979
BY ORDER OF THE SOUTHOLD TOWN
PLANNING BOARD
HENRY E. RAYNOR, JR., CHAIRMAN
PLEASE PUBLISH ONCE ON MAY 3, 1979 AND FORWARD FOUR AFFIDAVI~S
OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies mailed to the following:
Supervisor Albert M. Martocchia
Suffolk Times
L. 1. Traveler-Watchman
Frederick Tedeschi, Esq. (for Peter Sledjeski)
Mr. and Mrs. Thomas Jones
James Bitses, Esq. (for Katherine Bitses)
Stanley S. Corwin, Esq. (for Charles S. Witherspoon)
,1
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?tanley S. Corwin, Esq.
Hain Street
Greenport, ~ew York 11944
Dear r~. Corwin:
The following action was taken by t:1e S.)Uthold .'l'oW'n
P1anning~O'ard at a regular meeting held April 16, 1979.
RESOLVED to' set 8:15 p.m., May 8, 1979 at the Town
Hall, Main Road, Southold, New York, as the time and
pla~e for a public hearing on the question of the
approval of the minor subdivision of property of Charles
Witherspoon.
I enclose copy of legal notice.
Yours truly,
Muriel Brush, Secretary
Enclosure
,
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CHARLES S. WITHERSPOON
'"
.:AT
'HORTON POINT
SOUTHOLD. L,I..N,'Y.
5COl Ie.' 100' =- ,"
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lhtbenture,
___.__ ___~__~_ ......_.. _~"'" __,..... ..........-.l....._
71gftOAttW4Y AND' RECTO!, ST.. NIlW YOlt. .
Made the
ud forty-nine,
~ttWttn ,';ALTER E. HYATT. r.esidlng at Y/1ckham Park, near Greenport, in the
Town of Southo1d, CO\U1ty of Suffolk and State of New York,
sixth
day 01
January,
nineteen hundred
,
,
part t of the first part,
'1 and (ffiARLES S. 7;ITHERSPOON and EVh"'LYN A. WITHERSPOON, his wife, as tenants by the
,I entirety, both residing at 3822 - 205 Street, Bayside, Queens County, New York,
I,
II
'I
:1
part ies of the second part,
"itne~~etU, that the part y
of the first part, in consideration of
)1
!!
__________uu______TEN ($10.)-__u_________u__-Dollars, lawful money of the United States,
end other good and valuable consideration,
paid by the p<:rt ies of the second part, do es hereby. grant and release unto the part ies of the second
part,
their heirs
and assigns forever,
au that tract or parcel of land situate, lying and being near Horton's Point,
near the Village of Souttold, in the Town of Southold, County of Suffolk and State" of
I' New York, bounded and described as follows:-
i:
BEGINNING at a point on the soutteasterly line of a 50 foot right of way, herein-
, after described, at the northwest corner of land conveyed by the party of the first
part to the perties of the second part by deed dated lcay 10, 1948; and running thence
along the southeasterly line of sald 50 foot right of wa1 3 courses, as fOllows:-
(1) N. 140 33' 40" E. 107.16 feet; tt.ence (2) N. 230 35 20" E. 92.62 feet; thence
i (3) N. 310 30' E. 97.44 feet to a concrete monument and land of Banick; thence along
said land of Banick S. 67005' 30" E. 370.89 feet to a concrete IllOnument set on the
northwesterly line of a 20 foot rijht of \~y, hereinafter described; thence along the
northwesterly line of said 20 foot right of way 2 courses, as follows; \1) S. 150 27'
. 20" ~;. 33.34 feet; thence (2) s. 190 13' 301t r;. 278.11 feet to said land conveyed by the
, party of the first part to the parties of tile second part; thence along said land con-
veyed by the party of the first part to the parties of the second part N. 640 50' \';.
395 feet, more or less, to the point of beginning. Containing 2.7 acres, more or less.
Together with a right of way over said 20 foot right of way from the northeasterly
corner of the premises southviesterly about 870 feet to the southeasterly boundary af
other land of the party of the first part, and thence over the existing roadway to
Sound View avenue.
ALSO d th a r'ight of 'way over said 50 foot right of way from the northwesterly
corner of the premises southwesterly about 840 feet to a second 20 foot right of 'll3.y
alollG land of Robert llyatt;" thence southllaster1y over said second 20 foot right of way
about 500 feet to the first described 20 foot right of way.
SUBJbCT, however, to ridht of way easements now granted or to be granted to
Long Isltmd Lighting Company for the purpos,", of ergcting public utility 11nes on
the surface or beloYl the surface of s aid rights of way.
SUBJocr TOrHllifOLLO\'/ ING COVENAI,"TS AllO ,(J:.STRIcrIONS:-
\
1. Ttiat the parties of the second purt; their. heIrs or assigns, shall not erect
upon sal~ premisos any d,.elling howie costin" les6 than $2500.
2.
That nei ther
,. .. .
the sale! parties.~; ..the\:f;~~O~d. part,
...~ .- 1'<1;/' ,
nor their heIra or assIgns,
. .
ahl1ll or w11l manufacture, or sell or cause or permit to be me.nufactured or sold, on
any portIon of saId premIse:; hereby conveyed, any goods or merchandise of any kInd,
and w111 not carryon, or per:nlt !.t.b be carr-lea on, upon any part of Sald premlses, an.Y
trade or buslness whatsoever, or ,~y boardlng house,
3. That no outslde tollats or~t-erclosets w1l1 be erected on any part of sald
premises.
4. That no trallers or tents wl11 be kept, used or allowed upon sald premlses except
when kept wi thln an enclosed bull dIng or garage.
5. That sald covenants are declared to be a'ld shall be covenants attl'lChed to and
runnlng wl th the labd. The saId restrlctlons may be released or altered by the party
of the first part at any time.
.
i iRFn2HJ5 P4cr 17
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VI:ogttf)trwitb tbe appurtenances and all tbe estate and rigbts of tbe part y of tbe first part in and to said
premises.
VI:o babe anb to bolb tbe premises berein granted unto tbe part les of the second part,
thelr 1 \'irs and assigns forever.
,
"
l'Rfii2u:1t r~Gr
aRb tbe said part y
t8
.
I
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of the first part covenant S
as foI/ows:
~irgt.-Tbat tbe part y
of tbe first part 15
seized of tbe said premises in fee simple,
amI ba 5 good rigbt to convey tbe same,
'.
6tconb.-Tbat tbe part les of tbe second part shaIl quietly enjoy tbe said premises;
~irb.-Tbat the said premises are free from incumbrances;
,
i,
'i
11
:1
'I
~ourtb.-Tbat tbe part y of tbe first part wiIl erecute or procure any furtber necessary assurance
: i of tbe title to said premises;
~iftf).-Tbat tbe part y
of tbe first part will forever warrant tbe title to said premises.
&ixtb. -Tbat tbe grantor, in compliance with Section 13 of tbe Lien Law, covenants tbat the grantor
..ill receive tbe consideration for this conveyance and wiIl bold the rigbt to receive sucb consideration as
1
! a trust fund to be applied first for tbe purpose of paying tbe cost of tbe improvement and that tbe grantor
i tri11 apply tbe same first to tbe payment of tbe cost of tbe improvement before using any part of tbe total
of the same for any other purpose.
~i'~." Pi1.~~...,..G'~~T4.;;~~'."::~IJ~. rF~-W..-~. f1'1.:~.7.2"'Jl'.'-.\,.~,~]~;. ~~.~. .r.?~. :-;:~..y;a.7."'..' i.~,~.,
I ..~ . ;ot' !-C. , . .., liffi,~_" ....,
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I
Iln ~itnt~~ 'Buereof,
,
!
tbe part Y
of tbe first part ba
5
bereunto set
h1s
: band and seal tbe day and year first above written
I In prestntt of:
I
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~-------~-
-.------.---...---_____.___________...._____________.......__L. S.
K--:'
_t;!:::________..____________..L. S.
--.-.-------..-...--------.--.......---.-----...-----.------........______.._____L. S.
--..----.-.....--..---------.....--.-------........__...._...__.L. S.
&tatt of
Clluntp of
On the
, before me came
6~
f 5ll.:
day of ~t-..--'7
rl!LTilR E. HYATT,
nineteen bundred andH-~
N3.7 YORK,
SUFFOLK.
to me known and known to me to be the individual described in, and wbo executed, the foregoing instru-
ment. and acknowledged to me that he executed the the same.
t
RECORDEUJ
~,L,," /-J( 2p ~,
Notary PUblic, ?
,
.IAN 1 fl 1949
/.. S'I F. M.
R. FORD HUGHES
Cl.ERK Of SUFI".. ..K COUH1"t
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Commissioner
Robert F. Flacke
New York State Department of Environmental Conservation
Environmental Analysis Unit
Bldg. 40, SUNY - Room 219
Stony Brook, New York 11794
May 21, 1979
Muriel Brush
Town of Southold Planning Board
Main Street
Southold, New York 11971
Dear Ms. Brush:
We have received your letters requesting lead agency status for the
projects listed below. We have no objections and are listing our comments
for each below:
1. Minor subdivision of Old Town Park at Southold, Catherine
Bitsis -- This project may lie within State jurisdiction
under the Tidal Wetlands Act as it appears to lie within
300' of tidal wetlands. We note that each of the lots
meets the minimum 40,000 sq. ft. requirements. We will
make further review on receipt of application.
2. Minor subdivision of Peter Sledjeski, Orient -- It does not
appear that this project lies within the jurisdiction of the
Tidal Wetlands Act due to distance from tidal water and ele-
vation.
3. Minor subdivision of Charles Witherspoon, Southold -- It does
not appear that this project lies within the jurisdiction of
the Tidal Wetlands Act due to distance of tidal water.
4. Minor subdivision of Thomas & Jean Jones, Wickham Creek, Cut-
chogue -- As this parcel lies on the tidal body of water, a
tidal wetlands application will be required from this Depart-
ment. We note that the parcels being created are both comprised
of a minimum of 40,000 sq. ft. when further development of this
property must be in compliance with the development restrictions
of the Tidal Wetlands Act.
V~~rUlY Y;/U~S,
RfJ Haj~
Alternate Loc 1 Tidal
Permit Administrator
'>l ')?:> \Sl<j
,~\\,\ h!
Wetlands
RLH:l1
--Y .
-:-~~/ f/ l-- Uu t J f. ~-zryJ
~.. h 1 L'J -ItVL--
SHORT
,.'
.
I]'S7?.!.fCT:CNS:
'roWN
OF
SOUTHOLD
,
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('
ENVIRONMENTAL
ASSESSMENT
FORM
Ca) in or~ar ~o -answer the q~es~~cns .- ~his S~O~ ~A: :3 :5 assuo~d ~~~~ ~he'
:~~oarer ~iL: usa c~~e~t17 avai:a~l~ ~~~r--a~~c~ ~~CCg~~~ ~~e ?~o~ec~ ~r.d ~~e
:~el1 i=oac~3 ~f t~e ac~i~n. !~:S ~o~ 3:c~~:ec ~~~ a~d~~i~~a~ 5~~~i35, ~~sear~h
~r ~ll:~er k'r~s~':'5aci.or-s "'/i2.:.. be '...L.;.d3.M:~ar"_..
(b)
~-:c:?leced
:f any qu~s~ion Cas ~ee~ a~s~o-od 7~5 -~o ~-~~oc~ ~7 be
:::n.,r -ror..:en,,:al. ASSE~ss~enl; :~~ -1; ::.~~es~~';:"":"''''''- ..
3ignil':.=ant
a::.c. a
&
ques~io~~ :~ve oee~ answer3~ Jo ~~ is :~e17 ~Ca~ ~his ?ro~ec~
:.3
-~-
~
(=1. .,"e all
3:'~:":'':'C3r..'C.
~
(~) ~v~~~~en~a1 \ssass~ent
1.
'NUl pro jec~ r~~5ul t; ic. 9. la.:g9 ?~rsi.cal c:ta::.ge
co ehe 9ro~ect 3i~a or physically al~ar ~o=a
than 10 ac:"es of la.nd? . . . . .. . . .
Uo
"
Ye$
2.
Will. t.t:.ere be a =ajor cb.ange to a='7 :~iqus: .:)r
unusual lar-e fo~ tound ~n ~he ~~~e? .
~o
....
'[<IS
3.
~'lil..: ~r':]ject titar or blve a la.r~: ai!ac"C :n
an ~x:..s,::i.."'S' bod;r o:l ','ia~er? .
:es -L.. No
I...
~'l'i'~ ;:Ira jec~ :t:L'T9 a. po'Caa:c:.a.ll7 ~a.:"g:=:! i:rpac:: en
gr'Ounc'''Ji8:t.ar qua..:!.it7? . . ..
res ~ ~To
5.
Wil~ ?rojec~ si~if~csnt17 a:fac~ i=a~ge ~7~
on adjacec": sit;::!s? ..
:.fo
!es ""
~
~.
~il: a-oje~~ a~~oc~ ~1 -~~Aa-=n~~ :)~ a~~~~g~r~d
?la.n.~.~r a~;-~~'-~p~ci=s'?"~-- ......---
!~S ~ No
7.
Wi1~ ?rojec~ =esul~ ~ a. ~jcr a~7~~e
.3.1: quaL:'::;]'? .
ai.:ac,,: :n
!as ~~)fo
.
s.
W~ ~r~j=c~ ~a7e a Zajcr effac~ ~n ,~ual :~~-
~c~ar oi ~he co~~~7 or 5ca~~c 7~aws ~~ 7~s~as
cO"'...u ~:: be i.::por:.a.:~:": to th.e =~U:::=-":"i.:.-:::r?
11'0
!as ......
9. W;i1 ?rojec~ ~d~arsell i=pac: ~Cj s~~a or s~~c~
1;:3 oi ~st::r~c, ~r~~;3'Ccri=, cr ~a~9on~~~cs~c~
~o~anc3 ~r any 3i~a ~es~gr.a~e~ as a c~~~~c~l
en~-c~~en~al ar~~ by a l~ca: age~=7?
~~S . :lo
!as -L Yo
!!S ~ ~To
7~s ... !Ie
:es ~ ~o
10.
W~ ~~~ec~ have a =ajar ~ff~c~ :~ ~~~~g Jr
~u.'Ctu"; r;c==a~:..cnal ~?PCr":t::1::':~35 '?
11.
Ni:l ?r~jec~ ~3sul~ ~ ~~cr ~~~:~c ?r~bl~~ ~~
.:3.u.sa ~ =ajcr ~,i.:'=c~ ':0 -a:c.s~:--=.g ~::"3.~S?o::-:.a..:.:ion
S"ls'Ca~? . .
. -
~.:..
~.r~" i __... ......0- -GO"\'.l ...-17 causa ""I... ':ac-.. ....."'-blQ ......lor-
4t.._l._ ;:'..."';1'- .. "-'?-~""7' -:v..... -:_......a,..o;o..._ .-1..0. ~,
:Oi39, 6~a=9, ~c~~~on, or ~~9C~=~=al a~3~~~
a.nC9 5..S a r-esul.'C Ot -:b.e ?rojec~':5 ~;erat.ion"?
:L3.
...,:.1..: ~r'" .,l~c- =.a,va i.r_y i=:;ac~ .:1':. ?''':':l.':'': :.ea:.~:t c:-
~ai":!!:7"! ..... ~ ..
,
-~.
'Ii~ ?r..,.:~c,"= ~.:f!'ec"'; ~~e ~:C-..3~:..::.-?; :~=-":"''''li::7 =:r
d.:.:sc,,:l7 -:aus:..:~~ .a. g:"7Jf't;: :.::. ?er=3.::=:-;: :::c~~a.-
~~~~~:~~o~;v~::;n~!~~:~~~~~~~~:~~~~~r:~~:~~e
"
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.,
:r.::.
:~~==~~~ :~9 ?~:~dC~:
- --_.:.:
attorney
April 21, 1979
7.Z??S3c:n:!:rc:
?~ ),,,,,~_.=:3. 'S S!'.4:rA::~.;7_ '='
;iU,3
J;:'.':''3:
-1-
T
D
Southold. N. Y. 11971
JOHN WICKHAM, Chairman
FRANK S. COYLE
HENRY E. RAYNOR, Jr.
FREDERICK E. GORDON
JAMES WALL
TELEPHONE
765 - 1938
May 15, 1979
Mr. Roy Haje
Environmental Analysis Unit
Building 40, SUNY - Room 219
Stony Brook, New York 11794
Dear Mr. Haje:
Enclosed find completed short Environmental Assessment
Form and copy of map of the minor subdivision of Charles
Witherspoon located at Southold, New York.
This project is unlisted; other agencies may be involved
but the optional coordinated procedures for designating lead
agency and determining significance will not be followed.
The Southold Town Planning Board wishes lead agency status.
(SEQRA)
May we have your views on this matter. Written comments
on this project will be received at this office until June 1.
We shall interpret lack of response to mean there is no
objection by your agency.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
<
By Muriel Brush, Secretary
Enclosure
Copy to Suffolk County Health Dept.
Southold Town Building Dept.
=~!;'r;lJ~!~
----- ',' , ~'""'..-['.>tt'~;.~~,
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Now, THEREFORE, the condition of this bond is
such that if the Principal shall well and truly install
and/or provide said requisites to the satisfaction of
the Town Board of the Town of on or
before the day of __, 19_, and
faithfully pcrform agreement to install said rcquisites
on or before such date, then this obligation shall be
void, otherwise it shall remain in full force and effect.
In the event of tl)e Principal's default in installing
and/or providing requisites within the time and in the
manner above indicated, said Obligee may accept so
much of the roads and streets shown upon said Plat as
public highways as it may desire and, with or wjthout
such acceptance, enter upon the lands shown upon
said Plat and supply such requisites, said Principal
and Surety remaining liable to said Obligee for the
cost thereof up to but not to exceed the penal sum of
this bond.
Witness (Seal)
If Individual
Attest
_(Seal)
If Corporation
_(Seal)
Principal
The
By
Surety
(Acknowledgcmcnts for both Principal and Surety)
APPENDIX G
Sample Form of Resolution for Use by Planning
Board ill Taking Final Action Oil a Proposed Subdi-
vision Plat.
60
The bl.lIlk spaces ,; "ould be filled in when the
data need.?d ,y oblair'd (most probably a,~ the time
of the pi th. heari", . after which the r"solution
should be 01" vted by, ;oiion and seconded, and by a
roll call v,':e. Note :h.' completeness of the Board's
record achielit d by 113Ir,.:~ such a resolution and having
it as part (Ji l. Ie record.
WHEREA;, a forn,] application f,or tll" approval
of a subdi ,isj. >n Plat, whtIM -"cL_J:.b....'L..___
l. i tt~\,L.....-lt.J.:.J..~___, ~W1S submitted to the Pla~~in~
Board on __h____.__.._, and au application
ree of $____ _ __ was Kid on ____________, and
WHERE A: :, a puhb: hearing was held on the said
subdivision af plical;O); lfd Plat al tf.e Town Hall in
u____ _,__, N.Y. on .__._____
at ____I '.M., a:ld
'.
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WHEREA~, the H':.lirements ot the SubdlVjSlOll
Regulations 01 the Towll of ____.___..____.____
have been me by said ;u bdivision P.lat anel applica- .
tion except ,.s, toted below.
Now, the.dJre, be.it RESOLVED, that the appli-
cation of (the .- ____n _.____.__ C0'19 for ap-
proval otsaid subdivisi:m plat pcpared by ___.
- -_, Yc. and dated ._______,
be approved s object to the following modifications,
and that th~ C ,airma, d thePlallning Board be au-
thorized to' eJ Idorse 'Fpeova! on said subdivision
Plat, uPlm...!;ot lpliance by the--lljlplicanl with such
modificatiomi1l ;'i>Q~ h: low. However,1f-s'lch modi-
fi~ns are fl<.t rnade'\rnHiu. sixty (60) d,;ys~f<:Qm
the d~f thi: resoluti"n, thep1;~~all be deemed~-
disapproved.
h, Modifieal ion of S<1i II Plat to show the following:
A~ ____..__....._________.____.._
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r. - PF 28 16/751 Standard N.Y.a.T.U. Form 8041.controct 01 58la
r.ONSULT YOUR LAY;.K BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD IE USED BY LAWYERS ONLY.
NOTE: FIRE LOSSES. This f,'rm of contract contains no express provision as to risk of loss by fire or other casualty be.
fore delivery of the deed. Unless express provision is made, the provisions of Section 5.1311 of the General
Obligations Law will apply. This section also places risk of Joss upon purchaser if title or possession is transferred
prior to closing.
\ ( +-' ~f.L-v-'-<'-""
TIlISAGREEMENTimadethe . :;' dayofrh'e ~r I ,nineteenhundred'and
BETWEEN Char es S. Witherspoon \,j
'--t-0l~
seventy- eilht;
residing at Private Road. Southold. NY,
hereinafter described as the seUer, and D
Rathje
iuthur W. Rathje. Jr. -and Helen H./ his wUe, both residing at 220 Home Street,
Valley Stream, NY,
hereinafter described as the purchaser,
WlTNESSETII, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece
or parcel of land) v. ith the eliilaiRgs e8 imfJrs\ em...Rta tHere 88 ereete~ situate, lying and being Ut.i:bc at Horton's
Point, Southold. Town of Southold. County of Suffolk, State of New York,
bounded and described as follows:
Beginning at a point on the easterly line of a right ot way 50 teet in width.
distant. in a southerly direction. 150 feet from the northerly corner of land
of the seller. and from said point ot beginning running thence in an easterly
direction. about 390 feet to a point on the westerly line ot a 20 foot right
ot way; thence in a southerly direction. along said right ot way. 150 feet to
a point; thence in a westerly direction, about 390 feet to the easterly line of
.said 50 foot right of way; thence in a northerly direction, along the easterly
line of said right of way. 150 feet to the point or place ot beginning.
Together with a right to pass and repass over the said 50 toot right at way
and extensions thereof of lesser width southerly, then easterly and then south-
easterly, to Sound View Avenue.<
.", .~
Together. too. with a right to pass on toot over a tight at way 25 feet in
width running from said 50 toot right ot way to Long Island Sound. Said
25 toot right of way starts about 200 feet southerly ot the southwesterly
cotner of the above described premises and the southerly line thereof is the
northerly line of land now or formerly ot Vincent Sardi. _
i 1'1' IS mutuall y agreed and understood that this contract is subject to obtaining
! insurance from a reputable title compa.'1Y insuring purchasers' right, in common with
.~ others, to pass and repass over the 20 foot "right-of-way" , immediately adjacent to the
k eastel'ly boundary of the subject premises, to SOWld View Avenue, said "right-of-way" .
,I being indicated on the attached map made by Roderick Van Tuyl and made a part hereof.
# In the event that such insurance cannot be obtained by the purchaser, then all lllOnie8
I deposited hereunder shall be returned to,the purchaser.
h..
..
-
I. This sale includes all right, title and interest, if any, of the seller in and to any land lying In the bed of any street, road
or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right. title and interest
of the seller In and to any award made or to be made in lieu thereof and in ~nd to any unpaid award for da"'''ge to said
premises by rea~;;on of chJnge of grJde of any street; and the seller will execute and deliver to the purchaser, on dosillg of
title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and colleclion of
any such award. \
, ,
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1 OWNER
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TOWN OF SOUI1IOLD IIIIOPIRTY /IICOItD CAID
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STREET
VILLAGE
DIST.
SUB.
LOT
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N Ll
. ~ ~.7
~:~~~~_TS~E~_____l~L ___ FARM
LAND IMP. TOTAL
,
E
COMM.
CB.
MId. Value
. DATE
REMARKS
UC}-OdJ ',60
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AGE. . BUILDING CONDITION
-~W------ r ---;:;OAAV.Li- BELOW ABOVE
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Tiliabie
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t--
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Acre Value Per ' Value
Acre .
FRONTAGE\~ WATER
I FRONT AGE ON ROIo.O
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DEPTH
- .
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-- DOCK
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Woodland
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W"'.6 SoN,,,,, w"q...L. BJ:>
Breezeway Fire Place rs Heat r.s DR.
Garage ~'()( so - Rooms 1 st Floor BR.
Patio Recreation Room Rooms 2nd Floor FIN. B
O. B. Donner Driveway
, Total 170
-
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OWNER
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FORMER OWNER
,--
RES. SEAS.
nllable
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TOWN OF IQU'I'HOLD PIIOPIaTY
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TOTAL
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.
. 40
/J'f'Fa c!;}7~tr. Y;t'w dINt. It.
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FRONTAGE ON WATER ,;;--
FRONTAGE ON ROAD / " - r
OEPTH
BULKHEAD
'.50
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-~ .. TOWN OF SOUI'HOI.D PItOfIIUY '1IC0ItD CAID
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ft1- 5/t1
='" VII.LAGE
OWNER STREET DIST. SUB. LOT
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FORMER OWNER N P{//~d. E c (P/Y 77' -I- 4H~ ~'1/"
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,RES, SEAS. VL .3/1 FARM COMM. ca. MICS. MId. Value
, .
,
LAND IMP. TOTAL DATE REMARKS
I~ 9 1M 9tTif ~ r.; h~ ", 1%//'11MNB,j;.;!~~7PA s"L,!.r:-;;. frlJ1i.:,...twk /'".._ ~ ,
j) PP. HAL ?9~.,J
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Tillable FRONTAGE ON WATER C~--
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Woodland FRONT AGE ON R<Y\O "
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House Plot BULKHEAD ,
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.....................__ _...... _ _,_I_,_,_t_t_....tIIH_l_l_............-.~-_._~....-.+
i TOWN CLERK i
I TOWN OF SOUTHOLD -
1uffolk County, New York 516 _ 765-1801 N~ 3056 .
I j _ Southold. N. y.119714HJh j~.19~'
'RECEIVED OF('~.IJ;'m~ ~u...1un-aAJ)
I ~ Dollar. S~ iJ_~ .
! For' . ' I
I CAa.... Zu~ - - "1F Judith T. Terry, To}"n Clerk
t~::..E._~::..E:'~?9.z~__......~,_~~~..~,_._._._l
.
+.........1._...1. ...._ .,.....,. _1_ _ _ .,..... _ .,.,. - _1_ -.-.- ...,.
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TOWN CLERK
TOWN OF SOUTHOLD .. .. - - - -
Suffolk County, New York 516 - 765-1801 N~ 3288 .
J _ ~_ _ "Y'. _' "'~Id. N. Y'll97*~'.J.{ 19
RECEIVED OF ~_""~ ~,,~-e.,.~ --
7 <<, I~ =-: . ~oUaro' tJ ~
110r. ~NY.- ~Q.. /~__--'J',. 4! / il- ~..n.A W.l~-,.o.A-Ho<
Judith T. Terry, Town Clerk
Cash 0 Check ~~7.37
_I_I.'" -. _ _1_1_1_ _1_
By
,
.. .
.
.
".
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southotd:
The undersigned applicant hereby applies for (tentative) ~ approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold TowIl
Planning Board. and represents and states as foHows:
attorney for the
1. The applicant is the/owner of record of the land under application. (If the applicant is not the
owner of record of the land under application. the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be ...L no. .I).j3,Ijll'!. .9.QIJI.t;elllpl..qt.~c;1.l. . MiUQ:t:. .SMd
................................................................................................
J. The entire land under application is described in Schedule "A" hereto annexed. (Copy of
deed suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber .. .?Q~~"............. Page........ ..~9.......... On
Jan 19 1949 .
........................,
Liber
Page
......................
On
........................,
Liber
Page
Page
Page
On
Liber
Liber
On
........................,
On
as devised under the Last Will and Testament of ........................................
or as distributee ........................................................................
................................................................................................
S. The area of the land is ...?.?.........
acres.
6. All taxes which are liens on the land at the date hereof have been paid except . :t:!=1J;'. . . . .
.... .1;,1l.~. .1~?l?:-:~~.(~. .t~!'l.fi. ... ...... ..... ..................................... ............
7. The land is encumbered by .Il~..........................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page.................... in original amount
of $. . . . . . . . . .. .. ... unpaid amount $. . . . . . . .. . . . . ... held by ..........................
. . . . . . . . . . . . . . . . . . . . . . . . .. address .......................................................
(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~jIt ......... - . . . . . . . . . . . . . .
.........................................................................................
9. The land lies in the following zoning use districts .... ;r:<;!:3.:i.9.EW.:t;:j.;3,1,...................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10, No part of the land lies under water whether tide water, stream, pond water or otherwise, ~-
~ .....................................
11. The applicant shall at his expense install all required public improvements.
12. The land. (Jl:oes:) (does not) lie in a Water District or \iVater Supply District. Name of Dis-
iriet, if within a District, is
13. \iVater mains will be laid by ....... .~Q~.E;..
and (a) (no) charge v\rill be made for installing said mains.
14. Electric lines and standards will be installed by ........ .NONE . . . . . . . . . . . . . . . . . . . . . . . . . .
and (a) (no) charge will be made for installing said
lines.
IS. Gas mains will be installed by . . . . . . . .J:i[O.])f~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 eXlstmg public streets 111 the
Suffolk County Highway system, annex Schedule HE" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets In the
To,vn of South old Highway system, annex Schedule "e" hereto to show same.
18. There are no existing buildings or structures on the land which are not located a.nd shown
on the plat.
19. vVhere the plat shows proposed streets which arc extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on sai(l
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 tbe Real Property Law.
2]. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
~ '
.
.
~ ,
22. The applicant estimates that the cost of grading and required public improvements will he
$. .1}.9.1}\3... as itemized in Schedule wE" 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".
DATE ... .Marcil. 20..............., 19. .7.9 ..... .::;!:.~J;l.~ey' ~.,.. .<:::~~~!l.................
(.\iame of Applicant) as attorney for
Ch es S. w' n, owner
By
(Si nature and TItle)
114 Main street, Greenport, N.Y 11944
................................................
(Address)
STATE OF NEW YORK, COUNTY OF .... R1;l:E:~9.J,J:;....................., ss:
On the ...4 O:t;lJ.. . . . . . . . .. day of ...... .~?i.~t;:~. . . . . . . . . . ., 19.... ?~ before me personally came
Ctan1ey S corwin k b h . d"d I d 'b d' d h
. . . ~. . . . . . ., ... ._, . . . . . . . . . . . . . . . . . . . . . . . . .. to me nown to e t e 10 tV! ua eSCTl e In an 'w I;
executed the foregoing instrument, and acknowledged that ... P.Ei'. . . . . . .. executed the same.
..............................................
Notary Publk
STATE OF NEW YORK, COUNTY OF
. .. . . . . . . . . . . . . . . . . . . . . .. . .. 55:
On the .................. day .............. of.........., 19......, before me personally came
. . . . .. . . . . . . . . . . . . ., . . . . . . .. .. . .. . . . . . . . . . . . . .. . to me known, who being by me duly S\"orn did de.
pose and say that. .. . . .. . . ... resides at No. ....................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that .......................... is the ..........
................ of ............................................................................
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seat afHxed by order of the board of directors of said corpor-
alion, and that ............ signed ............ name thereto by like order.
......................................,.........
:\rotary Public
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~\mtOll.fZW ALTEVoTION OR ADOItl()tc,
lO THIS SU!WEY IS A YIOLATlONOf
'lECTION nC9 Cf THE NEW ycue; STAn
fCSuCATION LAW.
toms OF T:::5 :;c;:\'~': N.J..'i' IlOT 8EARU..o
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GUARANT,,~.;. ".:.- ::.....~ ~..:_I iHf SUitvn
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ts I'lEl'A~D. A'<'.J c.; ,..;, ~_,,:,..f T?c AHO
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_JUt......... Gll -,~JIiIi&Aol1tlltl'
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l!'.!,...,-------
--
,
LASER FICHE FORM
SUBDIVISIONS
Proiect Type: Minor
Status: Expired
SCTM #: 1000 - 50.-1-18
Proiect Name: Witherspoon. Charles. Estate of
Location: Horton's Point, Southold
Hamlet: Southold
Applicant Name: Charles Witherspoon
Owner Name: Charles Witherspoon
Zone 1..
Approval Date: No; .F/rr/lZovEV
PLAT Siqned Date: fJ 0-/ &- rJIX)/eSED
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related infonnation
Zone 2: Zone 3:
C and R's :
Homeowners Association:
Rand M Aqreement:
Address:
County Filinq Date:
SCANNED
AUG 1 7 2=:'3
Rccords Management
SCAN Date: