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'"lTHORIZED ALTERATION OR ADDfTlOI'I
TO HIS SURVEY is A vrQLAT:ON OF
SEe ON 7209 OF nu: NEW YO~K STATE
fOV<tATlON LAW.
COltS C~ T~.~ S'JR"cY '.1\' 'or "-EA"ING
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PLANNING BOARD
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Soulhold, N.Y, 11971
HENRY E, RAYNOR, Jr" Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr,
GEORGE RITCHIE LATHAM, Jr.
TELEPHONE
765. 1938
September 26, 1980
Mr. and Mrs. Herbert E. Muncy
Old Orchard Lane
East Marion, New York 11939
Dear Mr. and Mrs. Muncy:
The following action was taken by the South old Town Planning
Board at a regular meeting held September 22, 1980.
RESOLVED that Whereas a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Herbert E.
and Kathleen R. Muncy located at East Marion was submitted to the
Planning Board on July 7, 1980, and an application fee of $50 was
paid on July 7, 1980, and
WHEREAS a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
September 22, 1980 at 8:00 p.m., and
WHEREAS the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat and
application,
Now, therefore, be it RESOLVED that the application of
Herbert E. and Kathleen R. Muncy for approval of said subdivision
plat prepared by Roderick Van Tuyl, P.C., be approved and the
chairman be authorized to endorse his approval on the map.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
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New York State Department of Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11794
(516) 751-2235
March 14, 1988
Thomas C. Jorllng
Commissioner
M", Francis J. Hurphy, Supervisor
Town of Southold
Southold, New York 11971
fD) l rn @ ~ u ~UI._ r;'ji
WJl : :'""C( I 8're') II" U;
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SUPERVISORS OFFICE
TOWN OF soun-JOlQ
Re: Long Beach Bay Tidal Wetlands
Q-TWL Suffolk 13.44 A,B,&C
Dear Hr. Murphy:
I am writing you and certain of your neighbors in an effort to
lessen the apparent concern that has been publiCly expressed by
many of the wetland owners at orient, over this Department's
indicated int~rest in acquiring and preserving some of those
wetlands.
In follow-up to my Barch 20, 1987 letter to you and your
nsighbors, Mrs. Patricia Zielenski of my office and I, have
variously contacted nearly every affected property owner. These
co~tacts, sometime by way of actual meetings in your homes, were
intended to convey the over-all purpose of the Department's
interest, as well as to generally outline the process to be
followed which thereafter, may culminate in the extension of a
purchase offer and more-detailed negotiations.
Perha~s these communications have not yet been totally successful
in that regard. If so, I invite you to write or call me in order
that ~e may continue the dialogue and the effort to try and
understand each other.
To date, this office has been engaged in gathering information
concerning your property, as would any interested buyer.
Appraisals have been received and are now being reviewed. A
consultant sur~ey firm (Young & Young from Riverhead) is now in
the prOC2SS of completing surveys and preparing maps I,hich will
detail the physical character of those properties involved in
this PI-oj ect.
.,
~
2.
The N.Y.S. Department of Law has been preparing abstracts of
title, which indicate the nature and extent of ownership, as well
as any legal encumbrances thereto.
Once all this data has been collected, analyzed and put in
context, coth Project-wise and in terms of each individual
ownership, determinations can be reached as to which particular
parcels are desired for purchase.
It is at that point that you and I may begin a more-specific
dialogue viz-a-viz price, as well as the extent and manner of any
acquisiticn.
Recently, many persons and groups have been seeking to have
organized meetings with this Department to discuss the Project.
I believe such meetings are premature (and perhaps not
appropriate) inasmuch as the Department has not yet completed
it's fact finding and analysis. Further, I believe that each
individual owner possesses rights and interests that may be
unique and exclusive to that ownership-not to be shared with any
parties-except an interested buyer lin this case, this
Department). Similarly, the Department has an absolute
requirement to hold acquisition negotiations as privileged and
private between itself and the land owner, or their designated
representative.
I must tell you as a relatively recent (15 years) resident of the
Town of southold, with over 28 years of involvement in real
property work for this Department, I have never experienced the
level of interest and concern in an acquisition project, as has
been evidenced by the expressions from the Orient community
regarding this tidal wetland preservation project. I am greatly
impressed by the degree of care and concern being shown by
long-term residents of Ot-ient and Southold TOl'm, many whom I
consider my friends.
I ask your indUlgence and trust in my work on behalf of the
DO;partment.
3. '
Please be assured that I will keep you informed of the
determinations concerning your property. In the meantime, I am
ready to talk or meet with you should you feel it helpful or
necessary.
7& C /2/
Richard C. Ryan
Regional Supervisor
Real Property - Region 1
RCR/sjmr
b(;c; F. Panek
H. Berger
G. Colvin
J. West
.
"'-
.
Southold. N. Y. 11971
HENRY E. RAYNOR. Jr" Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765 - 1938
NEGATIVE DECLARI\.TION
September 22, 1980
Pursuant to Article 8 of the Environmental Conservation Law State Environ-
mental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter
44 of the Code of the Town of Southold, notice is hereby given that
Southold Town Planning Board as lead agency for the action described below
has determined that the project will not have a significant effect on the
environment.
DESCRIPTION OF ACTION
The minor subdivision of Herbert E. and Kathleen R. Muncy is a two-lot
residential subdivision of property located at East Marion in the Town
of Southold.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment were likely
to occur should the project be implemented as planned.
Because there has been no response in the allotted time from the
New York State Department of Environmental Conservation it is
assumed that there is no objection nor comments by that agency.
The Suffolk County Department of Health Services has indicated
that conditions should be suitable for individual sewage disposal
facilities; however, available information indicates that the fresh
water aquifer is limited to approximately a 20 foot depth.
The project will meet all the requirements of the Code of the Town
of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Ms. Muriel Tolman,
Secretary, Southold Town Planning Board, Main Road, Southold, New York
11971.
Copies sent to the following:
Commissioner Robert Flacke, DEC
Suffolk Co. Dept. of Health Services
Bulletin Board
NYS DEC at Stony Brook
Supervisor Wm. R. Pell
Mr. and Mrs. Muncy
III
','-.;1
LEGAL NO'l1CE
~ofHearlnIl
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NOTICE IS HEREJlY
. GJ.VEN, ~1I\'p\USuaot to Sec.
~ tldo;i 276. Of tlie Town Law,
\~ publleh~'wU1 be held by
the Southold Town P1a1lll1ull
Jleatd a! th~(I'own Hall, MNIl
.;Rp4, S!Iut1l\lld, New York.lo
SIlIdtoft'oij the 22nd day of
Septem~, 1980, on the ques-
tIollr.d:the !il1Iowln1l:
'., (1:3!l p,m.. Approval of the
mUiOr subdivision of Thomas
V. PerUIo ud EcIIth M. Perillo
s1luate1ll ~ lotheTOWII of
s6~4;' Cp.iot1~of Suffolk
ud'State of New York uel
~e.II,..ild. d,escrlbed ", a~
6>111>11\''''' . , ,
1WJHllNG at a polut,ou
tll,;",_~ly.~..!l1~'
00ll\C;1Iay Boulevard IDd run.
'-~~.:;
fonnerly .~ LaureIwood. Es.
t_ No.SS95;rwmloll thence
S. 650 57' 10" W. a10nll said
Iud 99.98 feet to land, now or
. formerly of Emily Sidor; run.
, . jail!lthence N. 240 02' 50" W.
'.'fi ~ ta.t.mentluDed lands
r;,;~#.1t,Jeet to the ~outh.
-"~j:licJe of Pecomc' Bay
" Bouievard;~nlull thence N.
510 42" 50" E. a10nll the-I
southeasterly side of PecOnic
.1Iay~a1evll'd 100 ,feet to the
, - JlGl.t or p,laCe~f' BEGIN.
, NINO. Contaid1111l,52.~92
~arefeet. ...,..
/' 8:00 p.m. Approval of the
r mluor subdivision of Herbert
E. and Kathleen R. Muncy ,
situate at East Marion lo the '
Town of Southold, County of
Suffolk and State of New York,
which plot is mown as and by
the lot numbers 64,. 65, 66 as
.... OD a!II&P entit\I!d "Map
. 'ot'Sec>tloDTiioo Garcllill,r'.. Bay
Estates, situate at East Marlon
Lonll Island" which map waS
. med lo Suffolk Couoty Clerk's
Oflice on S~ember 23, 1927
\DIder the number 275.
8: IS p.m. Approval of the
preliminary map of the sub.
division of C1erneot W. Booth
situate at SOuthold lo the Town
of Southold, County of Suffolk
and State of New York and
bounded and described as
6>Uows:
BEGINNING at a point on
.the northerly side of Old North
,.~ whiclj, polut mar~ the
.' intersectk!it' of' the eUterly
side of Motlirt Beulah. Awiiue
with the Jl!IJ:therlyside of OUl
NOrth RoacJ; runlilitg thence
. from said point 'of bellinninll !
along Mount BeUlah Avenue
N. 010 55' 10" W. 1119.43 feet
. to lands now of or about to be
conveyed to Koch; running
thence alonll lands now of or
about to'be conveyed to Koch
N. 880 04' 50" E. 210.50 feet
to lands now or formerly 'of
ill>1>o\Un; f1IlIDluifthence alonll'
104<1.;' no,w or. formerly of
Robohm S.. 00 48' SO" E.
1192.85 'fe<rt to the northerly
side of, Old North 'Road;
running thence alon,g the I
northedy side "f 01<\ North
'Road~'~: '15' 10'.' 'If. 20\.25
feEitlii tlte P<lili! or p\llce of
B~Q. 'All..' iilIDlNN-
. !NO ~ a polilt on the southerly
, side of SOund View' Avenue
which point marks the inter-
,~"lOutI!~17side of
c;oc,' "~II1;,.w, the
jI,j'.' , ....lit'~Beulah
'!'~._lnll.thencefrQm
",iwr'_"Clf''l!e'i\nllhi8 along
'SOiii!il YIew AWn"" N. 630 09'
. ,W' E..' 2,,7.67.feet to lands '
no,wor 6>rmerly."f Robhom;
rwmloll thence atonll lands
now or 6>rmerly of Robohm S. .
O' 4$'50". E. 3~2.51 feet to
Other lands of KOch; runninll I
thence alonll' other lands of ,
Koch S. 880 04' 50~~ W. 219.22
feet to the easterly side of r
Mount Beulah Avenue; nin.'
nlullthettC!'. alonllthe easterly
side of Mount Bewill' AVenue
N.l' 55' 10" W. 2S8.17 feet to
the polot or place of BE-,
GINNING. Contaluinll 6.876"
acres.
8:45 p.m. Approval of the
minor subdl\olslo!1 of Dawn
Estates Shoppinll Center, Inc.
situate near Greenport in the'
Town of Soutbolcl, Coqnty of,
COUNTY OF SUFFOLK
55:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long, Island Traveler-Watch.
man once each week for ............1........................... weeks
.ucceSSiV~y. CV~ing on the ....\1.................................
d~~...........,'9.0..,
~~...............u...~:.
Sworn to before me this ....Iy.............. day aT
...~.......,19.~....
..........(J{h::L~~~.....
No~k:v~~. THOMPSON
. rlo. 52'9~~fs Ne. York
ResidlO& In Suffolk Couilty
CommissIOn Expires March 3Il, 1!1Z2
-'" ..; ~L_ _~ "Y__. V__L-
NING. Containing 52.692
square feet.
/' 8:00 p.m. Approval of the
( minor subdivision of Herbert
E. and Kathleen R. Muncy
situate at East Marion in the
Town of Southold, County of
Suffolk and State of New York,
which plot is known as and by
the lot numbers 64, 65, 66 as
shawn on a map entitled "Map
of Section Two Gardiner's Say
Estates, situate at East Marion
Long Island" which map was
filed in Suffolk County Oerk's
Office on September 23, 1927
under the number 275.
8:15 p.m. Approval of the
preliminary map of the sub-
division of Clement W. Booth
situate at Southold in the Town
of Southold, County of Suffolk
and State of New York and
hounded and described as
follows:
BEGINNING at a point on
the northerly side of Old North
.Road which point marks the
intersection of the easterly
side of Mount Beulah Avenue
with the northerly side of Old
North Road; running thence
from said point of beginning
along. Mount Beulah Avenue
. ""N. 01.55'10" W. 1119.43 feet
to lands now of or about to be
conveyed to Koch; running
thence along lands now of or
about to' be conveyed to Koch
N. 88. 04' SO" E. 210.50 feet
to lands now or formerly .of
Kobo.hm; running thence along
lands now or formerly of
Robohm S. O. 48' 50" E.
1192.85 feet to the northerly
side of Old North Road;
running thence 810n,g the
northerly side ~f Old North
RoadN. 70. 35'10" W. 201.25
feet to the point or place of
BEGINNING. And BEGINN-
ING at a point on the southerly
side of Sound View Avenue
which point marks the inter-
section of the southerly side of
Sound View A venue with the
easterly side of Mount Beulah
Avenue; running thence from
said point of beginning along
Sound View Avenue N. 630 09'
00" E. 247.67 feet to lands
now or formerly of Robhom;
running thence along lands
now or formerly of Robohm S.
O. 48' 50" E. 3~2.51 feet to
other lands of Koch; running
thence along other lands of
Koch S. 88. 04' 50" W. 219.22
feet to the easterly side of
Mount Beulah Avenue; rUD-
ning thence along the easterly
side of Mount B,:;:uhih "Avenue
N.I. 55'10" W. 258.17feet to
the point or place of BE-
GINNING. Containing 6.876
acres.
8:45 p.m. Approval of the
minor subdivision of Dawn
Estates Shopping Center, Inc.
situate Dear Greenport in the
Town of Southold, County of
~, Suffolk and State of New York
" and bounded and described
,e as foJlows:
I BEGINNnlO at a point on
,:, the easterly line of a private
fL.r.. road kno",:o ", as Maple Lane
r 131J.~.Met lbutherly along
, said Jine from the southerly
line of Main Road, said point
being the southwesterly corner
of land of Kavanagh; running
thence along said land of
Kavanagh N. 56. 37' 10" E.
195 feet to land of Kaplan:
thence along said land of
Kaplan S. 33. 22' SO" E. 607
feet to other land of Kava-
nagh; theoce along said land
of Kavanagh, three courses (I)
S. 43. 35' 49" W. 36.11 feet;
thence (2) S. 33. 30' 50" E.
t 135.52 feet; thence (3) S. 56.
29' 10" W. 147.08 feet to land
now or formerly' of Dawn
Estates Shopping Center;
thence along said land N. 39.
32' 40" W. 121.69 feet; thence
along said easterly' line of
Maple Lane N. 33.22' SO" W.
I 630 feet to the point of
~ beginning. Containing 3.232
acres.
Any person desiring to be
heard on the above matters
should appear at the time and
! place above specified.
j Dated: August 27, 1980
BY ORDER OF
THE SOUTHOLD TOWN
PLANNING HOARD
HENRY E. RAYNOR, JR.,
Chairman
IT.9/11/lltlf1d\
CLEMENT J. THOMPSON
NOTARV PUBLIC, Stale of New Vorl
f4o, 52-9321725
Residing in Suffol. Coullty
CommISSIOn Expires March 3Il. 111i?
.
~
._~""_'_l_ ~ _..l.........i_l_ _I_._-t_r_~""-I_l
TO~N CLERK
.. ~-.1
N~ v - 4641 :
'oo~oU Y.U'V f Z 19~1
<If1I-a DoDan' ~5L') TIU4
-'i
TOWN OF SOUTIIOLD
Suffolk County. New York 516 - 765.1801
..-::#
o..h 0 Checlt...../ ~ ~
~A_~~A___A_~
By.
-
Judith T. Terry, Town Clerk '-
. .
1
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.
.
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (~ (iinal) approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as foilows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be .tAw~~. .~~1:?~.~~~~.~~9.I!-. ~Lij~;l>.~~.t;. M\ffic;y. and
....... KaJ;bleCln. M\1UCOY.....................................................................
3. The entire land under .i'pplication is d.escribed 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:
Lot #64 Liber .....~?~?............. Page .~~.................. On . ~y.. ~~ 1..~.~?:1:.....;
Lot #65 & 66 Liber . . .. .3(tll..... .. .. .. ... Page .l20................. On . J:~J::m.\4;t'J{. ... .~9.~.3;
Liber ........................ Page ...................... On ........................,
Liber
Page
Page
On
........................,
Liber
On
........................,
as devised under the Last Will and Testament of ........................................
or as distributee ........................................................................
................................................................................................
S. The area of the land is .....Q ..4~... .. .
acres.
6. All taxes which are liens on the land at the date hereof have been paid except
. . . . .. .. .. . ... .... .. .. . . .... .. ... ........ . n. P. . n. e.. .... ...... .... .... ...... ........ . ...... .. .
7. The land is encumbered by ........ n. P. . n. e.. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . . . . .. .. .. .. .
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
RECEIVED BY
SOm"OlD llWiN PlANNIli& BllARll
7h/j()
I CAlf
'I
........1
.
.
(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 except ....... n. Q . n . e.. . . . . .
.........................................................................................
9. The land lies in the following zoning use districts ......................................
A-Residential.
.........................................................................................
10. No part of the land lies under water whether tide ,vater, stream, pond water or otherwise, ex-
non e.
cept ...................................................................................
11. The applicant shall at his expense install aD required public improvements.
12. The land, (JtQex:) (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is
..............................................................
13. Water mains will be laid by....... .none. require.d..................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by . pl'IUleI/.t;ly. .ay.ailabl.............
lines.
and (a) (no) charge will be made for installing sai<l
15. Gas mains will be installed by ..... .~~t. .4!lPpl.ic.~I?~~..................................
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 in the
Suffolk County Highway system. annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets Il1 the
Town of Southald Highway system, annex Schedule He" hereto to show same.
18. There are no existing buildings or structures on the land whkh are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
....,...
.
.
. ,
22. The applicant estimates that the cost of grading and required public improvements will he
$..~..O. .":. as itemized in Schedule wE" hereto annexed and requests that the maturity of
the Performance Bond be fixed at ....":. 9. . ~.. years. The Performance Bond will be written
by a licensed surety company unless otherwise shown on Schedule "F".
DATE .. .J~~Y.. 7.. ..],9.&Q........." 19....
J{17- :J.171
.a\!.d)__~~ . Mlw.<<y. ./ilnQ.. ~t;bleM.. H\lR~y. .
(~ame of Applicant)
By .. ............ ....~.~.v.t.fk1----
(Signature and Title ,r."r--;;r
.. ~.~~ .~~~... .~.~~ .'?X:'?~~~. ~~~..........
(Address) East Marion. New York 11939
STATE OF NEW YORK, COUNTY OF .....Ip~~<?~...................,ss:
h
7
On the.................. day of ....... ..J1J.ly..........., 19..60.., before me personally came
R."
H.;t:I?!l.J;'~. .~1J.t;l~.Y. ~. ~l(l~~~."!l:Q. ~~Y.l. to me known to be the individualldescribed in and wh.;
^
executed the foregoing instrument, and acknowledged that . J;.l?-~Y. . . . . . .. executed the same.
.~~.~~. ~1..2~.~.~
Notary Public FREDERICK J. TEDESCH
NOTARY PUBLIC, Stoia of New Vork
No. 52' 3945400
Qualjfied in Suffolk County (;,
Commission Expires March 30, 1~'0'
, , ,., , . . ,. .. .. . . . . .. .. . . .. . ,. 88:
STATE OF NEW YORK, COUNTY OF
On the .................. day .............. of . . . . . . . . . ., 19. . . . . ., before me personally came
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly sworn did de-
pose and say that. .. .. .. . . ... resides at No. ....................................................
.. . . .. .. .. .. .. . . . . . . .. . . .. .. .. .. . .. .. .. . .. . .. . . . that .......................... is the ..........
. .. . . .. .. .. .. ... of ............................................................................
the corporation described in and which executed the foregoing instrument; that ... . . . . . . . .. knows
the seal of said corporation; that the seal affioced by order of the board of directors of said corpor-
ation, and that ............ signed ............ name thereto by like order.
Notary Public
. - 'mr that !t of land situate at East...,,:arion in; the Town of Solt. .
old, County of folk, State of New York,..,ich plot is known as andb,V
the lot number s xty-four (64) as.shown on a map entitled "Kap otSectl~
Two Gardiner's Bay Estates, situate at East Marion Long Island" which
map waS filed in Suffolk County Clerk's office on september 23rd, 1927, ~
under the number 275. . -
Parties of the second part are to have a right of way to pass and
repass for street purposes over all streets on said map including "the
pathS" leading to the beach, the fee to the land in said streets and
paths, however, to remain in the party of the first part.
Parties of the second part are to have the right to use the beaCh
lying between Spring Pond and the bay and Old Orchard Lane and the
Channel marked upon the said map as "Beach for use of lot owners" for
bathing and similar purposes, and are to have a right of way over Old
Orchard Lane and over the beach to the said waters, such use to be sub~
ject to such reasonable restricti0fl5 as may be-- imposed by the party of
the first part and such use to be in common with other persons to whom
such rights may be granted by the said Gardners Bay Company, Inc., the'
parties of the second part hereby covenanting and agreeing to pay to the
party of the first part the sum of five ($5~ dollars per yea~for the
use of such beach, this paymEnt of five (e5j dollars per year to be
paid to the party of the first part in advance on the first day of
January in each and every year, beginning January 1st, 1952. It is under
stood and agreed that the parties of the second part are not to receive
any title to the land in said beach, or any rights or title to the watel'S
and the land under waters adjoining the said beach other than as above
a~d the party of 'the first part reserves the right to cut a canal or
canals, ditch or ditches, through the said beach, and to erect bridges
over the same, the use of the said beach, of the waters adjoining, and
of the beaches and canals, to be entirely at the risk of the parties of
the second part, who are to hold the party of the first part harmless fro
any damage or damages which said parties of the second part, or their
heirs or assigns may suffer while_upon the beach n<>.r_~ the ~a1d_waters.
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-,,/ MIl thtt pl,St of land situate at Bast JIIr1otb1.!Cf ,_ .
SouthOI!; County. Suffolk, State of .ew Y., .~ plo~ ,
and by the lots numbers sixty-five (65) and sixty-su(66), aa ahO,..
a map entitled "Map of Section Two Gardiner's Bay Estatea, situatl:a t,~!
East Marion, Long Islandn which map was filed in Suffolk County Clerk'" l
office on September 23rd, 1927, under the number 275. " ,," ..
~ with the right ot way to pass and repass for street
purposes over all streets on said map including "the paths" ~eading to
the beach, the tee to the land in said streets and paths, however, to,
remain in the party of the first part.
~GETaER with the right to use the beach lying between Spring PooG
and tlii Bay and Old Orchard Lane and the Channel marked upon the said ,-
'map as "Beach for use of lot ownersn for bathmg and similar purp~' and
together with a right-ot-way over 01.d Orchard Lane and over-the beach 1;0
the said waters, such use to be subject to such reasonable restriotians
as may be imposed by the party ot the first part, and such use to be in,
common with other persons to whom such rights may be granted by the"
party of the first part,the~ies of the second part hereby covenanting
and agreeing to pay to the party of the first part the sum of Five
~'5.00) Dollars per year tor the use of such beach, tbis~eut otF.1v
($5.00 Dollars per year to be paid to the party of the fi'1"Si:'1Jar1;'ht",,,,
advance on the first day of January in each and every year, beginning',
January 1st, 1953. ;
~t ~.!! understood and agreed that the parties of the second 'part 18",
not to receive any title to the land in the said beacb or ~ r1gbt~ or
title to th~w8ters and the land under waters adjoining the said ~~c..:'""
other than as above, and the party of the first part reserve8the,rl ,',
to cut a canal or canals, ditch or ditches, through the, said beach;'" .. -', ,:
to erect bridges over the same, the use of the said beach, of the ....ter.'
ad30ining and of the beaches and canals to be entire1.7 at the.risk'or
the pI.1't1es oj the seoond part, who is to hold the part,. or, the. t1rat Jl&I'
harmless trom any damage or damages which said parties ~1;h. second part
or their distributees or assigns may suffer while upon the said beach or
in the said waters.
,
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TOWN OF SOUTHOLD
ENVIRONMENTAL ASSESSMENT
.
!
SHORT
FORM
INSTRUCTIONS:
(0) "In order to answer the questions in this short EAF it is assumed
that the preparei will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) .If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(~).If all questions have been answered No it is likely that this
project is not significant.
(d) Envrronmen~al Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land?.......................___Yes~No
2. Will there be a major change to any unique or
..unusual land form found on the site?........ .___Yes.,XNo
3. Will project alter or have a large effect on
existing body of water?......................___Y~s~No
4. Will project have a potentially large impact .
on groundwater quality?......................___Yes~o
5. Will project significantly effect drainage
flow on adjacent sites?....................... Yes XNo
6. Will project affect any threatened or --- ---.
endangered plant or animal species?..........___YesLNo
7. Will project result in a major adverse effect
on air quality?............................................................ ._Yes~No
.8. Will project have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community? Yes X No
9. Will project adversely impact any site or ------
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency?.......~...~...v..vww.~w... Yes ~No
10. Will project have a major effect on existing --- ---
or future recreational oppartunities?........___Yes~No
11. Will project result in major traffic problems
or cause a major effect to existing :
transportation systems?...................... Yes X No
12. Will project regularly cause objectionable --- ~
odors, noise, glare, vibration, or electrical .
disturbance as a result of the project's
operation?.~................................. Yes X No
13. Will project have any impact on public health --- --- ~
or.safety?................................... Yes X No
14. Will project affect the existing community by --- ---
directly causing a growth in permanent
population of more than 5 percent over a one
year period or have 0 major negative effect
on the charaCter of the community or
neighborhood?................................ Yes X No
15. Is there public controversy concerning the --- ---
project?...... ........... ........ .......... ..___YesXNo
PREPARER'S SIGNATURE
REPRESENTING
DA TE 7. 7. '.Po
SKETCH PlAN OF
~-1I~~OQ SUBDlVI5LON
MADe: FOlC;
!-!EJ2BEk~T E. tl<ATHLEEN f<. MUNC'(
AT
-'
E,6.Zr MAii!,1Ol\.r
~~ OF SOU1J.H7.>t..1? I t-J.y.
,
,
NAUTHORIHO AlTfRATION OR Aoctno....
THIS SURVEY IS A VIOLATiON OF
ECTfON 7209 Ofn;~ NEW )'ORK Sl;..Tt ~
T~lAW. . / .
OPI~S OF T~:LS s.m.v::'\' M.M !'.:OT 'MRI.NQ "..
ELAN!) !1.)f:vn:::::r's t;,;;~~1) ~Ml.,O/l. I
BOSSED SEAL ~,U.Ll. f;.jll1i CUNSIDo,iQ
Sf A VALID E'J, C;)PY.
ARANTns iN::'CAT" '''''EON SHALL IUJN \'
LV TO m= ;L~C':-, fOR "IF("~M THE SU~\"
I PR~PAf;m, M,[; O~; KiS StKALf TO 1HI
Lf COMf'AN'f, c;OVGJ.;f/t(NrA1. ~
NDfNG INSTiTLiiL;N u:;rm H~~, ~
T THE AsslGrms Of THE I.!ND/HO IHS1k
r ITlON. GUARANTEES AM NOT T
O\OPITIONAL I16TIJWJOHS 01
""-
RECEIVED BY
SOUlHOlD TOWN PlANNING 80.MB
. -J /7/Y1/
/ DATE
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TOTAL ~EA. 19.500 sq.FT".
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l"!:'::'J~C'C ~;'t:::P_::;~.,J,i:~r:,":C'~~) - -,.~n':~JPOI2T, ~
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2,,;"01 NC/~. VJ;:.FE :":'.1"() "Fll.'.,;~ '''! .>f.::~?, "; ..../~ ,~::~,~}.."S.l: '.,n::.",:~
BAVt;~TA"t:S.FILe:DIN T'HF.: SUFFO~K.qC:,E.'-"C~: i
OFTICE is "lAt-NO~'ti1H :
3,CC!o-.lTOURS TAI('ENFROM SUFF. CC),P.p......~ .
ltiPOOI2APHI\; ~APOF 'fl'/~ E:~rE:Qj..rT6~lN5.
4,:W#\TEQ'~.u r'p LYf5iw,.~ Ei?I~P;)~'~;'::S.,!?T ~~~
T6~~" ~::d1";::9,,,"H,:j..1.::H "IE'X 5rANOAR.E.~.
S"NE1iHE"Q UJr TO BEVUQ"HE~~~:.jecl'/:;-:-F{>
6 P!:;Eij! sL, APX~f<II.;l',,,,:,~-;;,,€YAGE:--
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TOWN OF SOUTHOLD
SHORT ENVIRONMENTAL ASSESSMENT FORM
.
.
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land?....................... Yes X No
2. Will there be a major change to any unique or ---
~nusual land form found on the site?......... Yes XNo
3. Will project alter or have a large effect on --- ---
existing body of water?......................___Y~s~No
4. Will project have a potentially large impact .
on groundwater quality?...................... Yes X No
5. Will project significantly effect drainage --- ----
flow on adjacent sites?....................... Yes XNo
6. Will project affect any threatened or --- ---'
endangered plant or animal species?..........___Yes~No
7. Will project result in a major adverse effect
on air quality?..............................___Yes-1$..No
. 8. Will project have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community? Yes X No
9. Will project adversely impact any site or ------
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency?...........,...,...".,.... Yes X No
10. Will praject have a major effect on existing --- ---
or future recreational opportunities?........ Yes X No
11. Will project result in major traffic problems --- ---
or cause a major effect to existing
transportation systems?...................... Yes X No
12. Will project regularly cause objectionable --- ~
odors, noise, glare, vibration, or electrical
disturbance as a result of the project's
operation?.......... ................... ...... Yes X Na
13. Will project have any impact on public health --- ---
or. safety?............................. ...... Yes X No
14. Will project affect the existing community by --- ---
directly causing a growth in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood?....... ......................... Yes X No
15. Is there public controversy concerning the ---
project?.................................... ._YesLNo
PREPARER'S SIGNATURE
'EPRESENTING ~
r
DATE
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TOWN OF SOUTHOLD, NEW YORK
DATE EI.!,9.L.?..9
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No.
2638
Da~d October 30, 1979
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTH OLD
Herbert and Kathleen Muncy
Box 343, Old Orchard Lane
East Marion, NY 11939
Appellant
To
at a meeting of the Zoning Board of Appeals on December 6, 1979
was considered and the action indicated below was taken on your
. . ( ) Request for variance due to lack of access to property
( ) Request for a special exception ~nder the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Art. III Section 100-31
the appeal
( )
1. XROOl:XlK:lEZXK!KIlI:IllN. By resolution of the Board it was determined that a special exception ( ) be
granted (
) be denied pursuant to Article .....n............. Section
Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 9:15 P.M. Upon application of Herbert and Kathleen
Muncy, Box 343, Old Orchard Lane, East Marion, New York, for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to divide property with insufficient area and width.
Location of property: Old Orchard Lane, East Marion; Gardiner's
Bay Estates Section II, filed Map #275, Lots 64, 65 and 66.
(SEE REVERSE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) prOduce practical difficulties or unnecessary
hardship because
(SEE REVERSE)
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE)
(c) The variance (does)
(does not) observe the spirit of the Ordinance and (would)
(would not)
change the character of the district because
(SEE REVERSE)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decis~ons of the. Building Inspector ( ) be confirmed ( ) be reversed.
APPROVED
ZONING BOARD OF APPEALS
,
.
,
.
.
.
.
Atter investigation and inspection, the Board finds that the
applicants are requesting to subdivide property which was at one
time three legal lots, but because of merged ownership it is
deemed one parcel. By re-dividing this property into ~wo l?ts,
the lots would still be larger than the other lot sect~ons ~n
that neiqhborhood. The Board does agree with ~le reasoning of
. .' .._._. __'~'.'~'~~C c -';::1
The Board finds that strict applicationof the Ordinance
would produce practical difficulties and unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the property
and in the same use district; and the variance will not change
the character of the neighborhood and will observe the spirit
of the ordinance.
On motion made qy Mr. Douglass, seconded by Mr. Grigonis,
it was
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,
. RESOLVED, that HERBERT MUNCY and KATHLEEN MUNCY, BOX 343,
Old Orchard Lane, East.Marion, New york 11939, BE GRANTED a
Variance to the Southold Town Zoning Ordinance, Article III,'
Section 100-31 for permission to divide property with insuffi-
cient area and width as applied for, SUBJECT TO THE FOLLOWING
CONDITION: .' . -. .
I
(1) That the applicants obtain Southold Town Planning
Board approval for a minor subdivision. .
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Location of property: Old orchard Lane, East Marion, New
York; Gardiners Bay Estates Section II, filed Map *275~ Lots
64, 65 and 66; bounded north by Dzenkowski, east by Old Orchard
Lane, south by Frentzel, west by Heess and Schaller. Suffolk
County Tax Map Item No. 1000-37-2-7 and 6.
,
~
. Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen."
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COUNTY OF SUFFOLK
(i
DEPARTMENT OF HEAL TH SERVICES
DAVID HARRIS, M.D.. M.P.H.
COMMISSIONER
September 10, 1980
- Mr. Henry E. Raynor, Jr., Chairman
Town of Southold Planning Board
Mai n Road
Southold, New York 11971
Re: Minor Subdivision of Herbert E. and Kathleen R. Muncy, East Marion
Dear Mr. Raynor:
As requested, we have reviewed the above referenced project in respect to
the water supply and sewage disposal facilities.
Conditions should be suitable for individual sewage disposal facilities;
however, available information indicates that the fresh water aquifer is
limited to approximately a 20 foot depth.
Should you have any questions, please feel free to contact the undersigned.
Very truly yours,
~~~~
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:cah
COUNTY CENTER
RIVERHEAO, NEW YORK 11901
(SIG) 727-4700
.
.
D
Southold. N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
. 765. 1938
August 28, 1980
L. I. Traveler-Watchman
Traveler Street
Southold, New York 11971
Gentlemen:
In the legal notice I sent you yesterday I made an error
which I would appreciate your correcting.
In the lot numbers for the Muncy hearing it should read
Lots 64, 65 and 66.
I am sorry for any inconvenience this may cause.
Yours truly,
Muriel Tolman, Secretary
Southold Town Planning Board
.
.
D
Southold, N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765 - 1938
August 27, 1980
Mr. and Mrs. Herbert E. Muncy
Old Orchard Lane
East Marion, New York 11939
Dear Mr. and Mrs. Muncy:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 20, 1980.
RESOLVED that the Southold Town Planning Board declare itself
lead agency for the subdivision of property of Herbert E. and
Kathleen R. Muncy. This project is unlisted and an initial
determination of non-significance has been made.
RESOLVED to approve the sketch map of the minor subdivision of
property of Herbert E. and Kathleen R. Muncy located at East
Marion, said map dated March 5, 1980.
RESOLVED to set 8:00 p.m., Monday, September 22, 1980 at the
Town Hall, Main Road, Southold, New York, as the time and place
for a public hearing on the question of the approval of the minor
subdivision of Herbert E. and Kathleen R. Muncy located at East
Marion.
I have ordered and received three additional maps from Mr.
Van Tuyl which I needed for the public hearing. I am enclosing
the legal notice of hearing which I will cause to have printed in
the L. I. Traveler-Watchman. It would be best if you attended the
public hearing.
Yours truly,
Muriel Tolman, Secretary
Enclosure
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Southold. N.Y. 11971
HENRY E, RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
, . GEO'tGE RITCHIE LATHAM. Jr.
TELEPHONE
765 - 1938
August 27, 1980
Environmental Analysis Unit
DEC, Building 40, Room 219
SUNY
Stony Brook, New York 11794
Gentlemen:
Enclosed find completed short Environmental Assessment Form
and copy of map of the minor subdivision of Herbert E. and
Kathleen R. Muncy located at East Marion.
This project is unlisted and an initial determination of
non-significance has been made. We wish to coordinate this
action to confirm our initial determination in our role of lead
agency.
May we have your views on this matter. Written comments
on this project will be received at this office until September 15,
1980. We shall interpret lack of response to mean there is no
objection by your agency.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Copies to Suffolk County Dept. of Health Services
Suffolk County Plar.n4ng DopartmeDt
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LEGAL NOTICE
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the
Town Law, public hearings will be held by the Southold Town Planning
Board at the Town Hall, Main Road, Southold, New York, in said town
on the 22nd day of September, 1980, on the question of the following:
7:30 p.m. Approval of the minor subdivision of Thomas V.
Perillo and Edith M. Perillo situate at Laurel 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 side of Peconic Bay
Boulevard and running thence S. 240 22' 00" E. 547.31 feet to land
now or formerly of Laurelwood Estates No. 5595; running thence
S. 650 57' 10" W. along said land 99.98 feet to land now or formerly
of Emily Sidor; running thence N. 240 02' 50" W. along last mentioned
lands 522.71 feet to the southeasterly side of Peconic Bay Boulevard;
running thence N. 510 42' 50" E. along the southeasterly side of
Peconic Bay Boulevard 100 feet to the point or place of BEGINNING.
Containing 52,692 square feet.
8:00 p.m. Approval of the minor subdivision of Herbert E.
and Kathleen R. Muncy situate at East Marion in the Town of Southold,
County of Suffolk and State of New York, which plot is known as and
by the lot numbers 64, 56, 66 and 67 as shown on a map entitled
"Map of Section Two Gardiner's Bay Estates, situate at East Marion
Long Island" which map was filed in Suffolk County Clerk's Office
on September 23, 1927 under the number 275.
8:15 p.m. Approval of the preliminary map of the subdivision
of Clement W. Booth situate at 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 northerly side of Old North Road
which point marks the intersection of the easterly side of Mount
Beulah Avenue with the northerly side of Old North Road; running
thence from said point of beginning along Mount Beulah Avenue N.
010 55' 10" w. 1119.43 feet to lands now of or about to be conveyed
to Koch; running thence along lands now of or about to be conveyed
to Koch N. 880 04' 50" E. 210.50 feet to lands now or formerly of
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Notice of Hearing
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August 27, 1980
Robohm; running thence along lands now or formerly of Robohm S. 00
48' 50" E. 1192.85 feet to the northerly side of Old North Road;
running thence along the northerly side of Old North Road N. 700
35' 10" W. 201.25 feet to the point or place of BEGINNING. And
BEGINNING at a point on the southerly side of Sound View Avenue
which point marks the intersection of the southerly side of Sound
View Avenue with the easterly side of Mount Beulah Avenue; running
thence from said point of beginning along Sound View Avenue N. 630
09' 00" E. 247.67 feet to lands now or formerly of Robohm; running
thence along lands now or formerly of Robohm S. 00 48' 50" E. 362.51
feet to other lands of Koch; running thence along other lands of
Koch S. 880 04' 50" W. 219.22 feet to the easterly side of Mount
Beulah Avenue; running thence along the easterly side of Mount
Beulah Avenue N. 10 55' 10" W. 258.17 feet to the point or place of
BEGINNING. Containing 6.876 acres.
8:45 p.m. Approval of the minor subdivision of Dawn Estates
Shopping Center, Inc. situate near Greenport 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 easterly line of a private road
known as Maple Lane 1321.66 feet southerly along said line from the
southerly line of Main Road, said point being the southwesterly
corner of land of Kavahagh; running thence along said land of
Kavanagh N. 560 37' 10" E. 195 feet to land of Kaplan; thence along
said land of Kaplan S. 330 22' 50" E. 607 feet to other land of
Kavanagh; thence along said land of Kavanagh,' three courses (1)
S. 430 35' 40" W. 36.11 feet; thence (2) S. 330 30' 50" E.
135.52 feet; thence (3) S. 560 29' 10" W. 147.08 feet to land now
or formerly of Dawn Estates Shopping Center; thence along said land
N. 390 32' 40" W. 121.69 feet; thence along said easterly line of
Maple Lane N. 330 22' 50" W. 630 feet to the point of beginning.
Containing 3.232 acres.
Any perS0n desiring to be heard on the above matters should
appear at the time and place above specified.
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Notice of Hearing
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August 27, 1980
Dated: August 27, 1980
BY ORDER OF THE SOUTHOLD TOWN
PLANNING BOARD
HENRY E. RAYNOR, JR., CHAIRMAN
PLEASE PUBLISH ONCE, SEPTEMBER 11, 1980, AND FORWARD FOUR AFFIDAVITS-
OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD,
SOUTHOLD, NEW YORK 11971
Copies mailed to the following on August 27, 1980:
The L. 1. Traveler-Watchman
The Suffolk Times (Information Only)
Mr. and Mrs. Herbert E. Muncy
Rudolph Bruer, Attorney for Clement W. Booth
Theodore Kaplan, representative of Dawn Estates Shopping Center, Inc.
William B. Carman, Jr., attorney for Mr. and Mrs. Thomas Perillo
Supervisor William R. Pell III
Southold Town Board