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1000-75.-6-7.2 & 86.-6-31
Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W Young, Land Surveyor Thomas C. Wolpert, Professional Engineer =' Douglas E. Adams, Professional Engineer Robert C. Tast, Architect NOTES I. LOT NUMBERS REFER TO MINOR 5UBDIVI510N - "MOHRINCG ENTERPRISES 11" FILED IN THE OFFICE OF THE TOWN OF SOUTHOLD, BUT NOT FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY. Y Zp D v� 2. THE CONSTRUCTION OF A DOCK ON THE PORTION OF LOT I "PARCEL A" 15 PROHIBITED. Id I AII 5. ZONING USE DISTRICT = AGRICULTURAL-GON5ERVATION (AG) rn N� SITE 77-77 ���meso CERTAIN AREAS order 50r LOT I NANCY G. PEARSON = 5.2307 ACRES now or formerly �ad\ey a order o -_, - 0.2671 ACRE Gorey Greek LLG \ �rarGasc - PARCEL A = 4.8628 ACRES 33. (Subject to Suffolk County Development Right5) \ ° 4�,� 2 LOT 2 JOSEPH 8 PATRICIA BRANTUK = 5.504'7 ACRES �' + 0.2611[ ACRE X210 RICHMOND CREEK FRAME PARCEL 'B' = 5.5126 ACRES STORAGE SHED FRAME BARN GE 5II052'40"E 403.11' 05 a" ------------------ 0 AFTER APPROVAL OF TH15 MAP AND ACTION 15 COMPLETED IT C' 15 THE INTENT THAT PARCEL A WILL BE OWNED BY NANCY G. FEAR50N AND THAT PARCEL L aas m •� ® 3 523' Pam 81212'0 �Q�' 0BRANTUK 8 PATRICIA BRANTUK. WILL BE OWNED BY JOSEPH r a'm m �- Y MAP ' FRAMES IGo sw m O BARN 5GALE: 1"=600' -24,� I ° � S O WAD J `• x N In 124.0 — ° , •— � �1 � -- ----------------------- rM•� t��p �w� � =O� I m j GARAGE lJ l N 0 .� �- 4 '� 3 REFUTED 01'�NERS "a$o d o lu -1 0 Jaw ow m , U IS1 o 5. In O Q S v � y < w O �� g� S� 06 S LOT 1 1000-86-06-51 0 &< a, r� N (n �p O NANCY G. FEAR50N z o �Na- LO Ch O I L b o o �" I g v L -6 s 6 �" 3258 SOUTH HARBOR ROAD Q Q o rn , C 111w O ` O O '6 -p SOUTHOLD, N. Y. 1171 � Lot 4 Minor Subdivision O �� � { ; � 'L1 =-p o "Mohring enterprises II" -� tu ; rn 11 N 9 � -. - y m 'L O - N � -5 % LOT 2 1000--75-06-'1.2 -� �_ ° „r now or formerlyI O N s L (L o Y '501 25 28 c RIGHT OF WAY #I p rn N �' JOSEPH BRANTUK — rn ,, 0 at W N /O 2�� B PATRICIA BRANTUK �w W Timothy Coffey O L ,- � � , 15.26 (NEW RIGHT OF WAY TO / I — O ; O O }z 44632 MAIN ROAD TPARGEL'A') Z (Subject to Suffolk County Development Rights) - W SOUTHOLD, N. Y. IIQ'il y, rc� 70.47 6 " , ziE O s , N EXISTING. % l� BRANTUK a rt O 72.31' \ \OC\ — I POND — I �` � PROPERTY LINE �Z 5k O i i— — — (LINE BM"EEN LOT 1 t LOT 2) 68 9 *� – — – �� T– " –– a°2s '� 5.68' p'a 6 — �3 a 45. \ �O� � \5 — --1-- — �- — �-- -- — R10-IT OF WAY J - 26.71' N01°25'28"W \ \ '� OF WAY R.O.W _ g \ M �N RIGHT 70.4-7 TOIL RI V):1NAY EARTH ROAD �, EXISTING \ �O'C \N� N IS°25'28" yy gg5.80 I6a.4T' GUIDE RAIL SUR1lEYOR'S CERTIFICATION "� ` ¢wZ N01 25 28 W w=�¢ s PROPERTY LINE O N14oIO'2Vw 5-r4.00 Noa°40'28"w 148.00 ° d w;o C� ,� 276.0 185.50 N01°10'28"W 378.70' �� �' =m w 30 :2 N12°122 "W N15,4"i'2a"W N01°40'28"W `jO� � �` � N THIS MAP PREPARED FROM FIELD SURVEYS COMPLETED Q"=�� ry 501°25'28"E \ N13°02'25"W s 26.71' V 9 `j I 51.63, m y \ L 2$ s`� RIGHT OF WAY #3 JUNE 20, 2007 AND FROM RECORD MAPS AERIAL01 r�JQ ° PROPOSED 0 °\� rno PHOTOGRAPHY. o�o g s \\ PROPERTY LINEN now or Formerly31 y \ 13 o N Little Bear Realty, Inc. IL OL C0 r RIGHT OF WAY #I �� d N } ,. o cn �► RIGHT OF NAY #3 PROPOSED °°�, =off 3 «m W � )" �f� Q '1 M IgIeV PORTION OF RIGHT PROPERTY LIN w� O \ HTIE IGH LINE ALON& MARK APPROXIMATE }"zQ {/, N N O LOCATED BY YOUNG E YOUNG .sr p ON JUNE 12,200-1 " , F IF €a�W HOWARD W. YOUNG, S. L.5. 458,13 "o NJo s s Y O \\O RIGHT OF NAY #2 000 RIGHT OF WAY #2 \ 53 O 00/� N04047'11";N =gym MAP PREPARED FOR J �j N 13°06'48"W E (PORTION OF EXISTING RIGHT OF WAY V� ki / \ TO BE ABOLISHED FOR LOT 1) N �� N35°44'21"W 44.58 W w : a¢� 530000 \ 9 21.54' N17041'26"W 0 \ �°� TIE LINE ALONG APPROXIMATE NI5048'44"W 31. 74' JOSEPH BRA�NTUK "o `mw �� HIGH WATER MARK AS NI5 48 44 W w2°ES N \ ON XNED —200-TDY 6 Q YOUNG 11.01' ° ' NANCY l ,�� �. � R�®` , �o" ON JUNE 12,200"1 ., i In`'� I^1{I ��� �..�,. 31.22 <_ \ �- RI GHMOND GR F—K _ Nay r;)E7AIL 'q9 �� �" '�-°: °'*'l^�'� At Peconic, Town of Southold cAPPROVED BY Suffolk County, New York a \ PLANNING BOARD 50ALE: I"=50' \ a \ TOWN OF SOUTHOLD M tB 6,� BOUNDARY ALTERATION MAP o>mo ��"""'"'t�b�i3oi� rp" G2�` DATE NI"I " w ,D��?2a � N1�248'44"W RICHT O F whY AGf•LEE-MEK'( � c� _ t � ,-•�� �o OiOy N3 NI5°48'44"W 0 11.01' i0n3'"�"� �m°t7'kt — SZ RICHMOND G fi' K '� GENERAL AMENDMENTS MAY 16, 2018 u FENCE APR. 2-7, 201-T m o GENERAL AMENDMENTS OCT. 27, 2011 MAY 1 7 2018 MAP PREPARED NOV. 05, 200q 0 J Southold town SCALE: I"=100' Planning Board JOB NO. 201'1-00'75 OF I = MONUMENT SET ■= MONUMENT POUND = STAKE SET e= STAKE FOUND - DWG. 2004_0"715-2011-00181-boundary-alt Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Z Douglas E. Adams, Professional Engineer Robert C. Tast, Architect NOTES I. LOT NUMBERS REFER TO MINOR SUBDIVISION - "MOHRING ENTERPRISES II" FILED IN THE OFFICE OF THE TOWN OF SOUTHOLD, BUT NOT FILED IN THE OFFICE OF THE CLERK OF 3 SUFFOLK COUNTY. Y Z 'P 0 2. THE CONSTRUCTION OF A DOCK ON THE PORTION OF LOT I "PARCEL A" 15 PROHIBITED. W 3. ZONING USE DISTRICT AGRICULTURAL-CONSERVATION (AG) p rn 51TE a �o�mer � `•v CERTAIN AREAS \ rpW 1,kn6 Of e�5or LOT I NANCY G. PEARSON _5.230-7 26 a ACRES 3 .. now oACRE r formerly Badley a tx ° Gorey Greek LLC, 1 �arxGesc , _ - PARCEL A = 4.9628 ACRES $" (5ubjeGt to Suffolk County Development Rights) 233 LOT 2 JOSEPH $ PATRICIA BRANTUK = 5.5041 ACRES , 0\`Or� + 0.26-IQ ACRE FRAME RICHMOND CREEK ` �2�° PARCEL 'B' = 5.5126 ACRES STORAGE SHED � FRAME BARN `"F<<s SII°52'40°E 4o3.�tq' c ------ AFTER APPROVAL OF THIS MAP AND ACTION IS COMPLETED IT SAD ------ ------ ' 10 IS THE INTENT THAT PARCEL A WILL BE OWNED BY NANCY G. s =1 ° PEAR50N AND THAT PARCEL B WILL BE OWNED BY JOSEPH 24.3' aes m m� ® v o 523' PAD 8124 6 �q2' °-o 0 BRANTUK d PATRICIA BRANTUK. r9mm �= KEY' MAP I � m �� � w J B RN FRAME� m $ ILI A 4 SCALE: I"=600' - I 'S a w to th 1 - ----1241.0-------- 3. o N ( o 1 GARAGE - L 0 0 2 �� �� 4 ° REPUTED OWNER5o 1. 09 Lu 5 3 In Q ° n -� L O i. CQ 13 S - 0 OI's � lS % LOT 1 1000-56-06-31 F 4 �- O I 43 O b a NCY C. PEARSON �' ' C3, 9-�`c is t, �s 5255 SOUTH ARBOR ROAD o r g o '` ;`` '� O 10 S ..�, � SOUTHOLD, N. Y. 11971 =< O II II O L n O s .'` V' � G Taz Lot 4 Minor Subdivision � S � 2h. � - _-� Mohring Enterprises 11 C o -6 w ° m 9 L LOT 2 1000--75-06--7.2 O S m N -S N lP, JOSEPH BRANTUK A BRANTUK } -y- t3 — now or formerly I m O N L L D-- �t �W W _ ry p O w O 43 S 44632 IMAIN ROAD Nao° tS� < "SOq°25'28 E RIGHT OF WAY #I Timothy Coffey p O ,- t� < (WN RI&W OF KAY TO (Sub ect to Suffolk Count Development o ment Rights) 9 F �- _ - _ J y p g ° -----•- d z x -I _ b �� 50UTHOLD, N. Y. 1191 �� ^ — — — — IT PARCH-'A') ' ._-t ..\ ; m (n O UR ozz ��� �� IZ31 ? � N 0.4-1' \ I 6 o tid ry s (:31 \ �� O N s �_ EXISTING 3 O 72.5q' ', \ o \` I B POND rc 1_i O �' n 8 PROPERTY LINE o \ / � yy d t.5 a J\O ' (I-INE BETHEN LOT 1<LOT 2) V \ - �- - �- � �3 1 - - - - c(°25 " 5.66, - - _ - - 26.71' co s 5 -�- - RIGHT OF WAY J � F°FOF � N � 70.47 45.68 \ R.O.W. g RIGHT OF WAY ,Y17-777p <�mJ TONE RIVEINAY ,Q EARTH ROAD -- N z m PROPERTY LINE \ L O �N�' NI4°lo'2a"w 5-74.00' N 15°25'2a° w 441s.ao NOa 4 2a"N 6U'DE0' RAIL 148.00' ° �� \ �, 5URI�EYOR'S CERTIEIGA�TION �� 6 2 b.o Ib5.50 NOq°10'25"W NOq 2528 W 578.70 ,.e5 �� �� 5141.92' N12°12'2 "W 1.►15°4"I'2S"W THI5 MAP PREPARED FROM FIELD SURVEYS COMPLETED <_ SOq°25'28"E \ N15°02'25"W s NOq°40'28"W �\ �rn �9 _�� ,roe v� \ I 51.63' 25. RIGHT OF WAY #5 JUNE 20, 200'7 AND FROM RECORD MAPS 4 AERIAL96 o \ PROPOSED PHOTOGRAPHY. — I now or former) \ PROPERTY LINE y �- N y \ o o 5- 0N Little Bear Realty, Inc. �s � N RIGHT OF WAY #Io o m< RIGHT OF WAY #g PROPOSED �\ 5300000 6mU =oma _ �/ O TE LINE ALONG APPROXIMATE 17: - �/� 1 MXTINSUI5HED PORTION OF RI6HT PROPERTY LINE I ,.*`�� HGH WATER MARK AS 'I11'T_ ►r' o N OF WAY) O LOCATED BY YOUNG E YOUNG <� 51 \ ON JUNE 12,200-T N \ CP 1 HOWARD W. YOUNG, N.Y.S. L.5. NO. 458415 C. . yaj \ RIGHT OF WAY #2W N9 \ 0 W N RIGHT OF WAY #2 \ 530 00' No4°47'11"y� MSP PREPARED FOR =gym 0NW� / (PORTION OF EX1571N6 RIGHT OF WAY I-VO\� // \ TO BE ABOLISHED FOR LOT U N / �a" N55°44'2q"W 44.55' '48 W z<o� O°00 \ �Q 21.54' ERR O \ ° TIE LINE ALONG APPROXIMATE NI7°41'26"W JOSEPH f5RANT IK I$ d,J�$ V �/ ow N15°45'44"W 5q.74' �`�w N O \ 9 HI&H HATER MARK AS LOCATED BY YOUNG b YOUNG 1q.Oai' N15048'44"W �as \ % ONJUNE12,200, 53.22 ` G. PEAR50N RICHMOND GREEK �F= SETA I L N \ At Peconic Town of Southold �oa� D \ ; 5uffolk County, New York �a SCALE: 1"=50' \ — — BOUNDARY ALTERATION MAP ���` o= 28.45 NI-1°41'26 Yy N7,o 2oa NI5245144"W �O$K ]FOO <OF - N Nl5°48'4411Wo s= o IQ.O 1' c 1 FENCE APR. 27, 201'1 RICHMOND CREEKr� 1 I GAMENDMENTSGENERAL AMENDMENTS MAY I6 201 L� l� L OCT.OGT. 2'T, 2011 0 MAY 1 7 2018 MAP PREPARED NOV. 05, 20041 o SOU1h0Id 10fJ 1 SCALE. I"=100' I JOB NO. 201"1-00-5 OF O = MONUMENT SET ■= MONUMENT FOUND = STAKE SET A= STAKE FOUND Planning Board DWG. 2004_07I5_20I I_00181_boundary_a I t OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �+, 04 P.O.Box 1179 54375 State Route 25 �" +� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 6, 2019 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Final Approval — Brantuk & Pearson Resubdivision Located at 44632 &44332 Route 25 in Peconic SCTM#1000-86.-03-3.1 & 75.-6-7.2 Zoning District: AC Dear Mr. Danowski: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 5, 2019: WHEREAS, this proposal is for the resubdivision of SCTM#1000-86.-3-31 & 1000-75.-6- 7.2, where 0.27 acres is proposed for transfer from Lot 1 (86.-6-31) to Lot 2 (75.-6-7.2); and WHEREAS, Lot 1 will decrease in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District; and WHEREAS, this property is located at the end of the private r.o.w. beginning at S.R. 25 +/- 930' east of Wells Avenue, in Peconic; and WHEREAS, this resubdivision proposes to eliminate the portion of the right of way to Richmond Creek located on Lot 1, and WHEREAS, the 50' right of way was originally created for the minor subdivision for Mohring Enterprises 11 approved by the Planning Board on May 10, 1985; and Brantuk & Pearson Resubdivision Page 12 August 6, 2019 WHEREAS, as a result of this resubdivision, the existing property line of Lot 2 will be extended as a flag to incorporate a 25' wide section of the former 50' right of way currently located on Lot 1 that extends to Richmond Creek; and WHEREAS, where the right of way meets Richmond Creek, there is a "turn-around" area of 100' x 120', of which 40' x 80' will be included in Lot 2, and the remainder of the section of the right of way to Richmond Creek located on Lot 1 will be extinguished; and WHEREAS, on April 27, 2011, the applicant submitted a resubdivision application and fee; and WHEREAS, on June 10, 2011, the Planning Board found the resubdivision application complete; and WHEREAS, on July 13, 2011, the application was referred to all involved and interested agencies; and WHEREAS, at their Public Meeting, the Planning Board set the Public Hearing for the application to be held on August 8, 2011; and WHEREAS, on July 25, 2011, the Planning Board asked for additional materials and required the applicant file a covenant that would require the restriction of a dock on Lot 1, as this lot line change would create the ability for the non-waterfront lots to create a dock, and an additional dock on Lot 1, which was not permitted in the original subdivision due to the configuration of the lots and the right of way to the water; and WHEREAS, on August 8, 2011, the Public Hearing was held and closed upon the application; and WHEREAS, the applicant did not submit the materials required by the Planning Board from July 25, 2011 and the application became inactive; and WHEREAS, on July 1, 2013, the application was re-activated by request of the applicant and the Planning Board required revised draft deeds; and WHEREAS, on September 23, 2013, at their work session, the Planning Board expressed that they would deny the application if the applicant does not agree to a covenant preventing a dock on Lot 1 due to environmental concerns; and WHEREAS, the applicant did not submit the materials required by the Planning Board and the application became inactive; and WHEREAS, on September 3, 2014, the applicant sent a letter requesting that the application be re-activated; and Brantuk & Pearson Resubdivision Page 13 August 6, 2019 WHEREAS, on September 12, 2014, the Planning Board responded to the applicant and reiterated the findings of the September 23rd work session; and WHEREAS, on October 1, 2014, the Planning Board sent a letter to inform the applicant that the resubdivision application had expired and that a new application would be required to be submitted; and WHEREAS, on September 18, 2017, the application was permitted to be re-activated without the submission of a new application; and WHEREAS, on October 30, 2017, at their work session, the Planning Board agreed to classify this action as an Unlisted Action under SEQRA and required revisions to the draft deed and the re-subdivision map; and WHEREAS, on December 4, 2017, the Planning Board sent the applicant a complete list of required corrections to the map and draft deed, as required at the October 30, 2017 work session, and provided the applicant with a draft covenant and restrictions; and WHEREAS, on December 28, 2017, the applicant submitted a revised plan; and WHEREAS, on January 11, 2018, the application was referred to the Suffolk County Planning Commission for comment; and WHEREAS, on January 24, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on May 18, 2018, the applicant submitted a revised draft deed and draft covenant and restriction to the Planning Department; and WHEREAS, on June 4, 2018, the Planning Board reviewed the application and required a Schedule A be submitted for the draft covenants and restriction; and WHEREAS, on July 9, 2018, the Planning Board required corrections to the plan and required a Schedule F be submitted for the extinguished part of the right-of-way; and WHEREAS, on April 3, 2019, the applicant submitted an termination agreement for the part of the right of way to be extinguished, all required schedules, and revised draft deeds; and WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS); and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers of Certain Provisions, may waive certain elements of the subdivision review if Brantuk & Pearson Resubdivision Page 14 August 6, 2019 in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this lot line change that would adversely affect the character of the neighborhood; and WHEREAS, pursuant to 617.5(c)(16), changes in SEQRA law effective as of January 1, 2019, lot line modifications are now classified as Type II actions; WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this re- subdivision; and WHEREAS, on April 22, 2019, the Planning Board review the application and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision; and WHEREAS, on May 6, 2019, the Southold Town Planning Board determined that this proposed action is a Type II Action under SEQRA; and WHEREAS, on May 6, 2019, the Planning Board waived the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps of the required subdivision review process; and WHEREAS, on May 6, 2019, the Southold Town Planning Board waived the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this re-subdivision by the Southold Town Planning Board; and WHEREAS, on May 6, 2019, the Southold Town Planning Board granted a Conditional Final Approval upon the application with the following condition: 1. File the covenant and restriction in the Office of the Suffolk County Clerk; and WHEREAS, on July 9, 2019, the agent for the applicant submitted proof of filing for the covenants and restrictions, the deeds completing the land transfer from Nancy Pearson to Joseph Brantuk, and a Termination Agreement for the portion of the right-of-way proposed to be abandoned; WHEREAS, the submission of the materials described above fulfills the requirements of the Conditional Final Approval granted on May 6, 2019; therefore be it Brantuk & Pearson Resubdivision Page 15 August 6, 2019 RESOLVED, that the Southold Town Planning Board hereby grants a Final Approval upon the map entitled "Joseph Brantuk & Nancy C. Pearson," prepared by Howard W. Young, Land Surveyor, dated November 3, 2009, and last revised May 16, 2018. If you have any questions regarding the above, please contact this office at (631) 765- 1938. Respectfully, e— ��,Oij Donald J. Wilcenski Chairman cc: Assessors w/ map Building Department w/ map r CC#: C19-30104 k^. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/03/2019 under Liber D00013018 and Page 027 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/03/2019 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/03/2019 Number of Pages: 7 At: 11:13:35 AM Receipt Number : 19-0124140 LIBER: D00013018 PAGE: 027 District: Section: Block: Lot: 1000 086.00 06.00 031.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exe mp Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00, NO TP-584 $0.00 NO Notation $0.00. NO F Cert.Copies $26.25 NO RPT $400.00 NO Fees Paid $501.25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County [OF21 Number of pages 201'� Rd PC' Ali Y ImGt This document Will be public 'J I record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed l Mortgage Tax Stamp_7 Recording Filing Stamp, 3 FEES Page/Filing Fee Mortgage Amt. J1.Handling 00 Basic Tax 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County)............. Sub Total Spec./Add. EA-5217( lite)., TOT.MTG.TAX R.P.T.S.A.( 14c,0 oO Dual Town Dual County Held for Appointment Comm.of Ed. 5, 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is ('e rtified COPN — e-�'( a � — or will be improved by a one or two NYS Surcharge 15. 00f family dwelling only. Sub Total q(_�_u YES or NO Other U2 If NO,see appropriate tax clause on GrandTotal page#—. ofthis histru emit. 4 Dist.t, t/j 3901125 *ac-h5 Community Preservation Fund I 2�� C�_ ed Real Property TI II PP Consideration Amount$ _Q_ Tax Service (R PLPLA�A 9 U _19 Agency 27J CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address X RECORD&RETURN TO: Vacant Land Law office of Peter S. Danowski, Jr. TD 616 Roanoke Avenue Riverhead, NY 11901 TD TD . .....................................I............... Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictionsmade by: (SPECIFY TYPE OF INSTRUMENT) Nancy C. Pearson The premises herein is situated in SUFFOLK COUNTY,NEW YORK. ............ TO In the TOWN of Southold ...................... In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. pT R LPA A Stat ID. 3901125 02-JUL-19 Tax Maps District Secton Block Lot School District 1000 08600 0600 031001 1000 08600 0600 031002 P9q-L-A—R.A-T(0—N—OF PQV9RANTS AND RESTRICTIONS DECLARATION made this ofJune, 2O1Q. byNancy C. Poamon, -6�0r- presently residing at3258South Harbor Road, Southold, New York 11071. hereinafter referred toeothe DECLARANT. KV|TNES SET H: WHEREAS, the Declarant imthe owner ofcertain real property located in the Town ofSouthold, County ufSuffolk, State ofNew York, more particularly bounded and described in Schedule"A"annexed hereto (hereinafter referred to aathe Subject Pnxport/ ; and WHEREAS, the boundary ofthe Subject Property modescribed in Schedule A is the result of a resubdivision approved by the Planning Board of the Town of Southold, as shown on the approved map entitled"Boundary Alteration Map Prepared for Joseph Brantukand Nancy Pemmon.^prepared byYoung and Young, last dated May 16. 2018. on file withthe Southold Town Planning Boord, and hereinafter referred toeethe"Map and _ :�` ' WHEREAS, for and inconsideration ofthe granting ofsaid resubdivision, and oeocondition ofgranting said approval, the Town ofSouthold Planning Board has required that this Declaration berecorded /nthe Suffolk County Clerk's Office; and VVHEREAG, inthe original four-lot subdivision in 1985. known oathe filed map nfyNohring Enterprises |/. Lot 1 was the Subject Property as it appeared prior tothe resubdivision of2O18. Lot 1was the only one ofthe four lots that had frontage onRichmond Creek. The Planning Board granted aright ofaccess to Richmond Creek for all four lots, over Lot 1. The four lots shared this access and the right toone dock. The resubdivision reduced the size ofthe majority ofthe common access toRichmond Creek from 5Ufeet to25feet(refer tothe Map for the complete dimenniono). and changes the ownership nfthe right ofway from Lot 1ofthe original subdivision toLot 2. This resubdivision created the ability for the Subject Property to apply for a second dock, which is contrary to the intent of the original subdivision. The purpose of this covenant is to prevent the Subject Property from constructing a dock so that environmental impacts resulting from the resubdivision are mitigated. This restriction to prevent a dock on the Subject Property upholds the Planning Board's original intent that only one dock could result at this location; and WHEREAS,the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Subject Property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited,to wit: 1. The construction of a dock on or from the Subject Property is prohibited. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2 The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred,the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On this'd day of June, in the year 2019, before me personally appeared Nancy C. Pearson, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. NZ sufry,tkPodq tic RNexyy� al' ublic 'wplrpa 2842023618 3 SCHWULE A Pargil A (Confirmation Description NancyC. Pearson After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of 'Southold, County of Suffolk and-State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises 11" filed in the Office of-the Town of Southold, more particularly bounded and described as foil o*ws: .BEGINNING at a point on the division line between Lot 1, Minor Subdivision, "Mohring Enterprises 11" and Lot 2, Minor Subdivision, "Mohrinj Enterprises 11", said point being sit' N uate orth 63 deg. 5' 5 min. 5 3 ,sec. East as measured along said division line 26.09 feet from the easterly line of land now or formerly Little Bear Realty, Inc.; RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along-sad division line and along land now or formerly Corey Creek LLC 542.21 feet to land now or formedy Bradley Anderson& Francesca Anderson; RUNNING thence South 27 deg. 01 min. 47 sec. East along land now or formerly Bradley Anderson&Francesca Anderson 233.34 feet to land now or formerly Nancy C. Pearson; RUNNING thence South'60 deg. 31 min. 07 sec. West along land now or formerly Nancy C. Pearson 987.29 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following four (4) tie-line courses and distances: 1. North 04 deg. 47 min. 11 sec. West 73.51 feet, 2. North 13.deg. 06 min. 48 sec. West 44.58 feet, 3. North 17 deg. 41 min. 26 sec. West 39.74 feet, 4. North 15 deg. 48 min. 44 sec. West 33.22 feet to land this day acquired by Joseph Biantuk&Patricia BrAntuk; RUNNING thence along said land the following four O courses d distances: 1. North 59 deg. 59 min. 11 sec. East 82.77 feet, 2. North" '0 deg. 00 min. 49 sec. West 15.00 feet, . North 59 deg. 59 min. 11 sec. East 290.00 feet, 4. North 09 deg. 25 min. 28 sec. West-70.47 feet to the point or Place bf Beginning. CONTAINING an area of 4.9628 Acres. TOGETHER with a certain right of way. I III,[ Jill! - hi 111. 11 11 . 1 i 1, Jill q � gE w qFg� rMa"'" aN s ll qJi I� � a Pit Aj �u a y}p NyV.ar �b.� q Ad n p CC#: C19-30096 r r COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original RIGHT OF WAY AGREEMENT recorded in my office on 07/03/2019 under Liber D00013018 and Page 025 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/03/2019 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RIGHT OF WAY AGREEMENT Recorded: 07/03/2019 Number of Pages: 22 At: 11:13:35 AM Receipt Number : 19-0124140 TRANSFER TAX NUMBER: 18-37041 LIBER: D00013018 PAGE: 025 District: Section: Block: Lot: 1000 075.00 06.00 007.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $110.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $82.50 NO RPT $1,400.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $1,637.50 TRANSFER TAX NUMBER: 18-37041 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Fil 2 Number of pages 4'1j"-" 11j! Co5 H0 This document Will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed t Mortgage Tax Starnp Recording Filing Stamps FEES Page I Filing Fee -T Mortgage Amt. Handling 00 1. Basic Tax 2. Additional Tax TP-584 Sub Total NotationSpec./Assit. or EA-52 17(County) Sub Total q Y Spec./Add. EA-5217(State) TOT.MTG.TAX RT.S.A. Dual Town Dual County R. �"�k,Q LAU[-) OC- Held for Appointment Comm.of Ed. 5. 00 Transfer Tax AffidavitMansion Tax ................. % The property covered by this mortgage is C'p7)\ il? or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES--- or NO Other Grand Total If NO,see appropriate tax clause on i )"A) page#—of this instru naeat, ooh4 FSist. 3901239 5 Community Preservation Fund Real Propert p T S Consideration Amount$ Tax Service R L�P A-A Ip Agency 02-JUL-19 CPF Tax Due $ Verification .. ........ Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address6 RECORD&RETURN TO: Vacant Land Law office of Peter S. Danowski, Jr. 616 Roanoke Avenue TD Riverhead, NY 11901 TD ITD Mail to:Judith A. Pascale, Suffolk County Clerk7Title Title Coin an Information 310Center Drive, Riverhead, NY 11901 C Co'Name www.suffolkcountyny.govIclerk T Title#; 8 Suffolk This page forms part of the attached Termination of Part of Right of Way made by: Nancy C. Pearson, party of the first part, (SPECIFY TYPE OF INSTRUMENT) Joseph G. Brantuk a/k/a Joseph Brantuk and Pari Br' The premises herein is situated in party of the second part, Joseph G. Brant SUFFOLK COUNTY,NEW YORK. a, , 1 7 - and Timoth� Coifey I, party of the fourth part TO In the TOWN of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRIr,rIED IN BLACK INK ONLY PRIOR TO RECORDING OR FTLINC I LPA }� Stat ID; 3901239 _J 02-JUL-19 Tax Maps District Secton Block Lot School District 1000 07500 0600 007002 SOUTHOLD 1000 07500 0600 007004 SOUTHOLD 1000 07500 0600 007005 SOUTHOLD 1000 07500 0600 007006 SOUTHOLD 1000 07500 0600 007007 SOUTHOLD 1000 08600 0600 031001 1000 08600 0600 031002 TERMINATION OF PART OF RIGHT OF WAY THIS TERMINATION AGREEMENT made on the $- day of Iv-ife.- 2019, between NANCY C. PEARSON, presently residing at 3258 South Harbor Road, Southold, New York 11971, party of the first part (hereinafter "PEARSON") and JOSEPH G.BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A.BRANTUK aWa PATRICIA BRANTUK, residing at 44632 Main Road, Southold, New York 11971, parties of the second part, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK, residing at 44632 Main Road, Southold,New York 11971,party of the third part and TIMOTHY COFFEY, residing at 44900 Route 25, Southold, New York 11971, party of the fourth part(hereinafter"COFFEY"), WHEREAS, PEARSON is the owner of a parcel of land known as SCTM No. District 1000 Section 086.00 Block 044)0-Lot 003.001 on the current Suffolk County Tax Map in the Town of Southold,more fully described herein on the Exhibit"A"description attached hereto,and WHEREAS,JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, are the owners of a parcel of land known as SCTM No. District 1000 Section 075.00 Block 006.000 Lot 007.002 on the current Suffolk County Tax Map in the Town of Southold, more fully described herein on the Exhibit"B"description attached hereto,and WHEREAS,JOSEPH G.BRANTUK a/k/a JOSEPH BRANTUK,is the owner of a parcel of land known as SCTM No. District 1000 Section 075.00 Block 06.00 Lot 007.004 on the current Suffolk County Tax Map in the Town of Southold, more fully described herein on the Exhibit"C"description attached hereto,and r"�,-. �✓"! '� �'�,��+'d d:^"r6%" �y fr +�".� w'� w.' ,w, tea..„,a✓✓ Tw, v" p�r.�„r�-�r lier M/0 WHEREAS, COFFEY is the owner of parcels of land known as SCTM No. District 1000 Section 075.00 Block 006.00 Lot 007.005,007.006 and 007.007 and on the current Suffolk County Tax Map in the Town of Southold,more fully described herein on the Exhibit"D"description attached hereto,and WHEREAS,JOSEPH G.BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and TIMOTHY COFFEY, currently own a right of way over the land of PEARSON providing access to Richmond Creek, more fully described herein on the Exhibit "E"description attached hereto,and WHEREAS,NANCY C.PEARSON is desirous of extinguishing and terminating 2_ ortion of the right of way over her premises, WHEREAS,pursuant to Southold Town Planning Board Resolution dated May 7, 2019, see attached Exhibit"F", PEARSON shall deed to JOSEPH G. BRANTUK aWa JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, owners of SCTM No. 1000-075.00-06.00-007.002,a portion of her property burdened by part of the right of way to Richmond Creek and PEARSON relinquishes any claim to a right of way over the portion of the right of way to Richmond Creek so deeded. NOW THEREFORE, WITNESSED: That in consideration of the mutual promises herein contained, and one dollar ($1.00) each to the other in hand paid,receipt of which is hereby acknowledged, and other good and valuable consideration,the said parties hereby agree as follows: (1) That this agreement shall run with the land. (2) That this agreement shall be recorded with the Suffolk County Clerk simultaneously with a deed from PEARSON to JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK and simultaneously with a Covenant and Restriction executed by PEARSON prohibiting a dock on land of PEARSON with altered boundary. (3) That all documents to be recorded shall become effective upon issuance of a dock permit to JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, by the Southold Town Board of Trustees. (4) JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, parties of the second part, JOSEPH G. BRANTUK, party of the third part and TIMOTHY COFFEY, party of the fourth part,do hereby agree to terminate a portion of right of way over land of PEARSON as described as Exhibit "G". PEARSON agrees to such termination. IN WITNESS WHEREOF, we have hereunto set our hands the year and date first above written. NANC PE. SON JOS PI-1 G. RA a/k/a JOSET/I I BRANT'Ul. PA1kICL_.m�.._._. A SRAT 1N I4 afl I' r NITUK '.., "fl I-1 y ^I,,EY pp; t JO,EPII C',BHN 1 LjZ' �" a/ a JOSEPH BRANT"QCT"' STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of in the year 2019,before me,the undersigned,personally appeared NANCY C.PEARSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrul eilt. Kenneth 8.Zahler �� Notary Public,New'York •, Suffolk No,01Z 51761 Expires Feb.2B,2023 Notary Pub is STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the Z-P day of in the year 2019,before me,the undersigned,personally appeared JOSEPH G.BRANTUK a/k/a JOSEPH BRANTUK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted,executed the instrument. Kenneth B.Zahler . ' Notary public,New York Suffolk NO.OlZA4517618 Notary�Purlic Expires Feb.28,2023 STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of � '-:" in the year 2019,before me,the undersigned,personally appeared PATRICIA A.BRANTUK a/k/a PATRICIA BRANTUK,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted, executed the instrument. Kenneth B.Zahlew _. Notary Public,New York Notary Public suticrk No.o1 A4517618 Expires Feb.28,2025 STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the _Z4> day of m... in the year 2019,before me,the _.. _ undersigned,personally appeared TIMOTHY COFFEY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Kenneth B.Zahler Notary Public,New York — - Suffolk No.01ZA4517618 14F P t'C Expires Feb.28,2023 EXHIBIT A ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate.lying and being at Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road(NYS Route 25)at a monument on the northeast corner of land now or formerly of Apolonia Stankewicz;from said point of beginning RUNNING THENCE the following eight(8)courses and distances: (1) South 13 degrees 2'25"East,319.82 feet; (2) South 12 degrees 12'28"East,276.00 feet; (3) South 15 degrees 47'28"East,185.50 feet; (4) South 14 degrees 10'28"East,574.00 feet; (5) South 15 degrees 25"28"East,495.80 feet; (6) South 9 degrees 40'28"East,221.10 feet; (7) South 9 degrees 10'28"East,148.00 feet; (8) South 9 degrees 25'28"East,333.02 feet to the true point of Beginning. THENCE North 63 degrees 55'53"East,568.30 feet; THENCE South 27 degrees 01'47"East,233.34 feet; THENCE South 60 degrees 31'07"West,985.00 feet to the high water line of Richmond Creek; THENCE North 14 degrees 16'00"West along the high water line of Richmond Creek,228.80 feet; THENCE North 59 degrees 59' 11"East 352.00 feet; THENCE North 9 degrees 25'28"West,45.68 feet to the point or place of BEGINNING. EXHIBIT B All that certain plot piece or parcel of lai7d, situate, Lying and being u1 the Town of SOUTHOLD, at PECONIC, County of Suffollc and State of New York,being bounded and described as follows: BEGINNING at a stance set in the northwest corner of the premises about to be described said point beim distant 2020.69 feet southerly from the southerly side of Main Road, NYS Route 25 along the westerly side of a 50 foot wide right of way; THENCE from said point of be�ilming through right of way, north 78 degrees 07 minutes 20 seconds east, 483.57 feet to lands now or formerly of Terry; THENCE along said lands, south 11 degrees 52 minutes 40 seconds east, 403.99 feet to lands now or formerly of 1\4ohring Enterprises, Inc.; THENCE along said lands and through a right of way, south 63 degrees 55 minutes 53 seconds west, 522.74 feet to lands now or formerly of Stankewicz; THENCE along said lands and along the westerly side of a right of way,the following three courses and distances: 1) north 9 degrees 25 minutes 28 seconds west, 333.02 feet; 2) north 9 degrees 10 minutes 28 seconds west, 148.00 feet; 3) north 9 degrees 40 minutes 28 seconds west, 51.63 feet to the point or place of BEGINNING. SUBJEA CT TO AND TOGETBER WITH A LIGHT OF WAIT 50 FEET IN WIDTH RUNNING FROM MAIN ROAD TO RICHMOND CREED, WHICH RIGHT OF WAY IS MORE PARTICULARLY BOUNDED AND DESCRIBED IN LIBER 9857 CP 224 FOR INGRESS AND EGRESS TO MAIN ROAD ANS RICB[MOND CREEI£ AND INSTALLATION OF UNDERGROUND UTILITIES, SAID RIGHT OF AA7AY TO BE IN CO1\4MON WITH OTHEKES. THE RIGHT OF J)'AY TO RICEE,40N D CP.E++K SHALL BE FOR THE EXCLUSIVE USE OF LOTS I,2, 3 AND 4 THEIR GUEST-AND INVITEES AS PER LIBER 9857 CP 224. EXHIBIT C ` \ ALL that certain plot piece orparcel ofland,wit � hVm� k8ngaandi thereon erected, situate, lying and being okP000nic,Town ofSouthold, County ofSuffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point the following five(5)courses and distances from the intersection of the southerly side of Main Road, NYS Route 25, and the easterly boundary of land now or formerly ofApo|inio Gtenkowioz: 1. South 13 degrees2minutes 25seconds East 319.92feet; 2. South 12degrees 12minutes 28seconds East 27Ofeet; 3. South 15degrees 4Tminutes 28seconds East 185.5Ufeet; 4. South 14degrees 1Ominutes 2Oseconds East 574feet; 5. South 15degrees 25minutes 28seconds East 2O4.5gfeet; from said point of beginning. RUNNING THENCE through lands now orformerly ofMuhhng Enterprises, Inc. North 78 degrees 7minutes 2Oseconds East 405.07feet 0uland now nrformerly nfTany� RUNNING THENCE South 11degrees 52minutes 4Oseconds East 4OOfeet; RUNNING THENCE along land now or formerly of Mohring Enterprises, Inc., South 78 degrees 7 minutes 20 seconds West 483.57 feet to land now or�forrn e*rly of Stankewicz; RUNNING THENCE along said lands the following two(2) courses and distances: 1. North 9degrees 4Ominutes 28seconds West 1O9.47feet; 2. North 15degrees 25minutes 28seconds West 291.21feet tnthe point orplace of ~ BEGINNING. Said premises being Lot#3 shown on minor subdivision plan prepared for Mohring Enterprises 11, dated March 21, 1984, prepared by Young &Young, Riverhead, New York. TOGETH ~ with and subject tooright o[way 5D'inwidth running from Main Road(NYS Route 2S)tnRichmond Creek,which right ofway iemore particularly bounded and described in Schedule A attached hereto,for ingress and egress to Main Road(NYS Route 25) and Richmond Creek and installation of underground utilities, said right of way to be in common with others. The right ofway,nRichmond Creek shall bafor the exclusive use of Lots 1. 2. 5and 4.their guests and invitees. |fLot#4isfurther subdivided, only one nfthe subdivided lots shall bogiven the right nfway toRichmond Creek. continued . l ~- certainplot,,. ed situ ALL that , ,.,... piece or parcel of land,with the buildings and improvements thereon erect ate, lying and being at Peconic,Town of Southold, County of Suffolk and State of New York, more particularly bounded and of as follows: BEGINNING at a point on the southerly side of Main Road (NYS Route 25)at a monument on the northeast corner of land now or formerly of Apolonia Stakewicz,from said point of beginning, RUNNING THENCE the following nine (9)courses and distances: 1. South 13 degrees 2 minutes 25 seconds East 319.92 feet; 2. South 12degrees 12 minutes 28 seconds East 276.00 feet; 3. South 15 degrees 47 minutes 28 seconds East 185.50 feet; 4. South 14 degrees 10 minutes 28 seconds East 574.00 feet; 5. South 15 degrees 25 minutes 26 seconds East 495.80 feet; 6. South 9 degrees 40 minutes 28 seconds East 2.21.10 feet; 7. South 9 degrees 10 minutes 28 seconds East 148.00 feet; 8. South 9 degrees 25 minutes 28 seconds East 378.70 feet; 9. South 59 degrees 59 minutes '11 seconds West 362.62 feet to the high water mark of Richmond Creek; RUNNING THENCE along said high water mark,the tie line being South 14 degrees 2 minutes 57 seconds East 100.00 feet; RUNNING THENCE through Lots#1, 2, 3 and 4 on the aforesaid minor subdivision map the following twelve(12)courses and distances: 1. North 28 degrees 46 minutes 45 seconds East 137.31 feet; 2. North 59 degrees 59 minutes 11 seconds East 290.00 feet; 3, North 9 degrees 25 minutes 28 seconds West 395.96 feet; 4. North 9 degrees 10 minutes 28 seconds West 148.05 feet; 5. North 9 degrees 40 minutes 28 seconds West 222.46 feet; 6. North 15 degrees 25 minutes 28 seconds West 290.92 feet; 7. North 78 degrees 07 minutes 20 seconds East 25.05 feet; 8. North 15 degrees 25 minutes 28 seconds West 207.14 feet; 9. North 14 degrees 10 minutes 28 seconds g'u'est 574.16 feet; 10.North 15 degrees 47 minutes 28 seconds West 184.64 feet; 11.North 12 degrees 12 minutes 28 seconds West 2.74.80 feet; 12.North 13 degrees 2 minutes 25 seconds West 334.89 feet to the southerly side of Main Road(NYS Route 25); RUNNING4s�ams West 52 09 feet hto thetherly point or e of Main Ro-ad South place 60 degrees 40 minutes place of BEGINNING. FOR CO,NV CYANCING ONLY:'together with all right,title and interest of,in and to any streets and roads abutting the above de,saibed premises,to the center'line thereof. EXHIBIT D SCHEDULE ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road(NYS Route 25)at a monument on the westerly boundary of land now or formerly of Terry,and from said point of beginning running THENCE along said land now or formerly of Terry the following four courses and distances: 1) South 10 degrees 46' 35"East 174.36 feet; 2) South 10 degrees 41'07"East 691.06 feet; 3) North 74 degrees 12' 24"East 62.02 feet; 4) South 11 degrees 52'40"East 861.70 feet to land of Freedner;running THENCE along said land South 78 degrees 07' 20"West 495.07 feet to land now or formerly of Apolonia Stankewicz;running THENCE along said land the following five(5)courses and distances: 1) North 15 degrees 25' 28"West 204.59 feet; 2) North 14 degrees 10' 28"West 574 feet; 3) North 15 degrees 47'28"West 185.50 feet; 4) North 12 degrees 12'28"West 276.00 feet; 5) North 13 degrees 02'25"West 319.92 feet to the southerly side of Main Road (NYS Route 25);running THENCE along the southerly side of Main Road(NYS Route 25)North 60 degrees 40' 24"East 313.66 feet to a monument and THENCE North 59 degrees 31' 57" East 219.55 feet to the point or place of BEGINNING. Said premises being Lot#4 shown on Minor Subdivision Plan prepared for Mohring Enterprises II dated March 21,1984,prepared by Young&Young,Riverhead, New York. The premises are conveyed subject to the following Covenant&Restriction: In the event the premises conveyed herein is subdivided by the filing of a major subdivision map with the Suffolk County Clerk's Office,owners of all lots of all said subdivision map shall share a proportionate part for the maintenance of the road lying within the 55' right of way long the westerly portion of the premises until such time as the road is dedicated to the Town of Southold. Subject to the owner of Lot#3 in the minor subdivision as follows: In the event Lot 4 is developed as a major subdivision,Stanley Freedner and Doreen Freedner shall have the right to purchase the lot on said major subdivision immediately adjacent to their premises on the same terms and conditions as offered by a bona fide third party. Seller shall give written notice of such offer to Stanley Freedner and Doreen Freedner,who shall have fifteen(15)days from mailing of such notice by Certified Mail,Return Receipt Requested to the address of the Freenders as reflected in the Southold Town Assessor's Office to accept such offer,closing to occur within thirty (30)days after acceptance. This right shall be personal to Stanley and Doreen Freedner and shall terminate upon the sale or transfer of more than a 50%interest in the property. Subject to the month to month tenancy of Chris Johnson at a rental of$200.00 per month,plus$10.00 per month for use of the pump,payable on the first of the month. TOGETHER with and subject to a right of way 50' in width running from Main Road(NYS Route 25)to Richmond Creek,along the westerly and then northerly line of these premises and others formerly of Rose Gradowski,for ingress and egress to Main Road(NYS Route 25)and Richmond Creek and installation of underground utilities,said right of way to be in common with others. The right of way to Richmond Creek shall be for the exclusive use of Lots 1,2,3 and 4,their guests and invitees. If the premises conveyed herein(Lot#4)is further subdivided,only one of the subdivided lots shall be given the right of way to Richmond Creek. The party of the first part reserves the right to reduce the 50' right of way as it runs from the northerly boundary of Lot#3 to Richmond Creek to a 25' right of way as described in Schedule A attached hereto,subject to the approval of the Southold Town Planning Board. The party of the first part reserves the right to dedicate a road within the 50' right of way along Lot#4 to the Town of Southold. The premises are conveyed subject to the following covenant and restriction which shall run with the land for a period of five(5)years from the date hereof that no building or structure shall be erected upon the premises without the prior approval of the plans and specifications by the party of the first part,its successors and assigns,which shall not be unreasonably withheld,provided that the buildings and/or structures shall be of a conventional design(including but not limited to a ranch,colonial,split level, saltbox,etc.);in the case of a house,that it shall have a livable first floor area of 1,200 sq. ft.(900 sq.ft.in the case of a two-story dwelling),that any building or structure shall be reasonably situated on the premises;and that all such building or structure shall be reasonably situated on the premises;and that all such buildings or structures shall be in compliance with local building codes. BEING and intended to be a portion of the same premises conveyed to the party of the first part by deed dated 10/26184,recorded 10/29/84 iaa Liber 9667 Page 327. This conveyance is rnadc in the regular course of business actually conducted by the party of the first part and upon consent of all its stockholders,that the proposed conveyance does not constitute all or substantially all of the assets of said corporation. Description of the Right of Way affecting Lots#1,2,3 and 4 of the Minor Subdivision Plan prepared for Mohring Enterprises dated July 18,1985 by Young&Young,P.C.at Peconic,New York, Schedule A (Description of Premises) ALL that certain plot,piece of parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road(NYS Route 25)at a monument on the northeast corner of land now or formerly of Apolonia Stankewicz,from said point of beginning running THENCE the following nine(9)courses and distances: 1) South 13 degrees 02' 25"East 319.92 feet; 2) South 12 degrees 12' 28"East 276.00 feet; 3) South 15 degrees 47'28"East 185.50 feet; 4) South 14 degrees 10'28"East 574.00 feet; 5) South 15 degrees 25'28"East 495.80 feet; 6) South 09 degrees 40' 28"East 221.10 feet; 7) South 09 degrees 10' 28"East 148.00 feet; 8) South 09 degrees 25'28"East 378.70 feet; 9) South 59 degrees 59' 11"West 362.62 feet to the high water mark of Richmond Creek;running THENCE along said high water mark,the tie line being South 14 degrees 02'57" East 100.00 feet to a point;running THENCE through Lots#1,2,3 and 4 on the Minor Subdivision Plan prepared for Mohring Enterprises 11 by Young&Young,dated July 18,1985,the following twelve (12)courses and distances: 1) North 28 degrees 46'45"East 137.31 feet; 2) North 59 degrees 59' 11"East 290.00 feet; 3) North 09 degrees 25'28"West 395.96 feet; 4) North 09 degrees 10' 28"West 148.05 feet; 5) North 09 degrees 40' 28"West 222.46 feet; 6) North 15 degrees 25'28"West 290.92 feet; 7) North 78 degrees 07'20"East 25.05 feet; 8) North 15 degrees 25'28"West 207.14 feet; 9) North 14 degrees 10'28"West 574.16 feet; 10)North 15 degrees 47'28"West 184.64 feet; 11)North 12 degrees 12'28"West 274.80 feet; 12)North 13 degrees 02'25"West 334.89 feet;to the southerly side of Main Road(NYS Route 25);running THENCE along the southerly side of Main Road South 60 degrees 40'24"West 52.09 feet to the point or place of BEGINNING. EXHIBIT E ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road(NYS Route 25)at a monument on the northeast corner of land now or formerly of Apolonia Stankewicz,from said point of beginning running THENCE the following Nine(9)courses and distances: 1)South 13 degrees 2'25"East 319.92 feet;2)South 12 degrees 12' 28"East 276.00 feet;3)South 15 degrees 47' 28"East 185.50 feet;4)South14 degrees 10'28"East 574.00 feet;5)South 15 degrees 25'28"East 495.80 feet;6)South 9 degrees 40'28" East 221.10 feet;7)South 9 degrees 10'28"East 148.00 feet;8)South 9 degrees 25'28" East 378.70 feet;9)South 59 degrees 59' 11"West 362.62 feet to the high water mark of Richmond Creek;running THENCE along said high water mark,the tie line being South 14 degrees 2' 57" East 104.01 feet;running THENCE through Lots#l,2,3 and 4 on the aforesaid minor subdivision map the following eleven(11)courses and distances: 1)North 59 degrees 59' 11"East 140.86 feet;2)North 30 degrees 00'49"West 50.00 feet;3)North 59 degrees 59' 11"East 285.00 feet;4)North 9 degrees 25' 28"West 413.22 feet;5)North 9 degrees 10' 28" West 148.11 feet;6)North 9 degrees 40'28' West 223.83 feet;7)North 15 degrees 25' 28"West 497.77 feet;8)North 14 degrees 10'28"West 574.16 feet;9)North 15 degrees 47'28"West 184.64 feet; 10)North 12 degrees 22' 28"West 274.80 feet; 11)North 13 degrees 02' 25"West 334.89 feet to the southerly side of Main Road(NYS Route 25); running THENCE along the northerly side of Main Road South 60 degrees 40'24"West 52.09 feet to the point or place of BEGINNING. EXHIBIT F OFFICE LOCATION— bLkVWNCir e$O1M1~=$1',SS: ToNhi Hall Annex ��� �' � �W.. P.O.Box 117'9 54,375 State Foote 25 ��� Southold,NY 111971 Main ain Rd,&Youngs Ave.) Tele plane:681 765;1938 Southold,N3 WWF sooi bolaltow-- Ln PLANNING BOARD OFFICE TOWN cid`SOUTHOLD May 7;2019 Peter Danowski; Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Conditional Final Approval-Brantuik&Pearson Resubdivision Located at 44632,&44332 Route 25 in Peconic SC7'GVi#10170-86.-03-3,1 &75,-6-7,2 Zoning District: AC Dear Mr. D.anowski: The Southold Town Planning Board adapted the following resolutions at a meeting held on Monday, May 6,2019: WHEREAS,this proposal is for the resubdivision of 8CTM#1000-86.-3-31 &1000-75.-6- 7.2,where 0.27 acres is proposed for transfer from Lot 1 (86.-6-31)to Lot 2(75.-6-7.2); and WHEREAS, Lot 1 will decrease in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District;and WHEREAS,this property is located at the end of the private r.o.w. beginning at S.R.25 +I-930'east of Wells Avenue, in Peconic; and WHEREAS,this resubdivision proposes to eliminate the portion of the right of way to Richmond Creek located on Lot 1; and J_WHEREAS,the 0'right of way was originally created for the minor subdivision for Mohring Enterprises II approved by the Planning Board on May 10, 1985;and Brantuk&Pearson Resubdivision Page 12 May 7,201 9 WHEREAS,as a result of this resubdivision,the existing property line of Lot 2 will be extended as a flag to incorporate a 25'wide section of the former 50' right of way currently located on Lot 1 that extends to Richmond Creek;and WHEREAS,where the right of way meets Richmond Creek,there is a"turn-around" area of 100'x 120',of which 40'x 80'will be included in Lot 2,and the remainder of the section of the right of way to Richmond Creek located on Lot 1 will be extinguished;anal WHEREAS,on April 27,2011,the applicant submitted a resubdivision application and fee;and WHEREAS,on June 10, 2011,the Planning Board found the resubdivision application complete;and WHEREAS,on July 13,2011,the application was referred to all involved and interested agencies;and WHEREAS,at their Public Meeting,the Planning Board set the Public Hearing for the application to be held on August 8,2011;and WHEREAS,on July 25,2011,the Planning Board asked for additional materials and required the applicant file a covenant that would require the restriction of a dock on Lot 1,as this lot line change would create the ability for the non-waterfront lots to create a dock,and an additional dock on Lot 1,which was not permitted in the original subdivision due to the configuration of the lots and the right of way to the water;and WHEREAS,on August 8,2011,the Public Hearing was held and closed upon the application; and WHEREAS,the applicant did not submit the materials required by the Planning Board from July 25,2011 and the application became inactive; and WHEREAS, on July 1,2013,the application was re-activated by request of the applicant and the Planning Board required revised draft deeds;and WHEREAS,on September 23,2013, at their work session,the Planning Board expressed that they would deny the application if the applicant does not agree to a covenant preventing a dock on Lot 1 due to environmental concerns; and WHEREAS,the applicant did not submit the materials required by the Planning Board and the application became inactive; and WHEREAS,on September 3, 2014,the applicant sent a letter requesting that the application be re-activated;and Br ntuk&PeorsonResubdivision Page 13 Mmy7.201119 WHEREAS, b 12 2014 the Planning Board responded tothmoppUnon and reiterated the findings mnthe September 23'work smss/ow�and WHEREAS,onOctober 1.2O14.the Planning Board sent mletter toinform the app|ivamnt that the resubdivislon application had expired and that a new application would be required bmbesubmitted;and WHEREAS,onSeptember 18.2O17.the application was permitted bobnre-activated without the submission mfmnew application;and WHEREAS,on October 30,2017, at their work session,the Planning Board agreed to classify this action ooanUnlisted Action under SEORAmndrequired revia|one1othe draft deed and the re-subdivision map;and WHEREAS,on December 4,2017,the Planning Board sent the applicant a complete list mfrequired corrections*»the map and draft deed,oarequired odthe October 30. 2017 work session,and provided the applicant with adraft covenant and restrictions; and WHEREAS,on December 28, 2017,the applicant submitted a revised plan;and WHEREAS,on January 11,2018,the application was referred to the Suffolk County Planning Commission for comment;and WHEREAS,on January 24,2018,the Suffolk County Planning Commission responded without comment;and WHEREAS,on May 18,2018,the applicant submitted a revised draft deed and draft covenant and restriction tothe Planning Department;and WHEREAS,on June 4,2018,the Planning Board reviewed the application and required eSchedule Abesubmitted for the draft covenants and restriction;and WHEREAS,on July 9,2018,the Planning Board required corrections to the plan and required a Schedule F be submitted for the'extinguished part of the right-of-way;and WHEREAS,on April 3,2019,the applicant submitted an termination agreement for the part of the right of way to be extinguished,all required schedules,and revised draft dmads;and WHEREAS, pursuant tothe reuubdivioiohPolicy set bythe Planning Board inFebruary 2011.this application inI�t eUgib|efora decision�omthe Planning Bna�phorhm nace�ingmppmva|bythaGufoikCounty Department ofHealth Services(GCDHS);and WHEREAS,the Southold Town Planning Board, pursuant uuTown Code 024O-5D. Waivers of Certain Provisions, may waive certain elements ofthe subdivision review)f Brantuk&Pearson Resubdivision Page 14 May 7,201!9 in its judgment they are not requisite in the interest of the public health,safety and general welfare.After reviewing the information submitted for this application,the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Flan(ERSAP),the Primary and Secondary Conservation Areaa Plan„the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this lot line change that would adversely affect the character of the neighborhood;and WHEREAS,pursuant to 617.5(c)(16),changes in SEQRA law effective as of January 1 , 2019,lot line modifications are now classified as Type 11 actions; WHEREAS,this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this re- subdivision;and WHEREAS,on April 22, 2019,the Planning Board review the application and determined that the proposed action meets all the necessary requirements of Town Code§240-57 for a resubdivision;and WHEREAS,pursuant to State Environmental Quality Review Act(SEQRA)6 NYCRR, Part 617.5(c)(16)the granting of individual lot line adjustments are listed as a Type II Action;be it therefore RESOLVED,that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above;and be it further RESOLVED,that the Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP,Primary and Secondary Conservation Plans,Sketch Plan and Preliminary Plat steps; and be it further RESOLVED,that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this re-subdivision by the Southold Town Planning Board;and be it further RESOLVED,that the Southold Town Planning Board grants a Conditional Final Approval on the map entitled"Joseph Brantuk&Nancy C. Pearson,"prepared by Howard W.Young,Land Surveyor,dated November 3,2009,and last revised May 16, 2018,with one condition: 1. File the covenant and restriction in the Office of the Suffolk County Cleric. Brantuk&Pearson Resubdivision Page 16 May 7,20199 The applicant shall have 180 days to meet the conditions.The Planning Board may extend this time for no more than two additional periods of 90 days each. Upon a finding that all conditions have been met,the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. Please Note:The Southold Town Planning Board,in waiving the requirement for SCDHS approval prior to their own approval,is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval Is required. SCDHS approval:of this resubdivision may be necessary to be in compliance with the Suffolk Counter Sanitary Code,and to be eligible for future construction or renovations. The statement below must be signed by the property owners to validate this approval resolution. I understand that Southold Town Planning Board approval of this Resubdivision does not grant,guarantee or waive an approval,if required,from the Suffolk County Department of Health Services(SCDHS).I understand that I will need to apply separately to the SCDHS for any applicable approvals. :. Signature of(Pr rty Owner 1) Print Name Signature of(Property Owner 2) Print Name If you have any questions regarding the above,please contact this office at 765-1938. Respectfully, Donald J.Wilcenski Chairman In bMIBIT G November 9,2011 JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town Of Southold Suffolk County,New York Surveyor's Description Boundary Alteration Map Joseph Brantuk&Nancy C.Pearson Right of Way#3(Right of Way "Mohring Enterprises TrOver Lot a Portion Of the Right Of Way Shown on Minor Subdivision, I Being Extinguished for Lot 1) ALL that certain Plot,Piece Or Parcel of land with the buildings and improvements thereon erected,situate,lying and being at peconic,Town Of Southold,County of Suffolk State e 0 .-York, being-a Portion of Lot 1, as shown on Minor Subdiviii6n�,-Amohii---1. and t t fW W Office of the Town' ng Enterprises Ir filed ill �Qutholld, mQFP particularly bounded�anddescHbed as fojjow&�--.-- the BEGINNING at a point on the division line between Lot 1,Minor Subdivision, Enterprises H*and Lot 2,Minor Subdivision, "Mohring: 63 deg.55 min.53 sec.East as measuredo. "Mohring Enterprises Ir,said Point being situate t4orth a) qg said divi!5iop line 26,09 feet from the easterly line land now or formerly Little Bear Malty,Inc.,' 0,f.. RUNNING thence from said point of beginning North 63 deg.55 min.53 sec.East along said 9 - RUNNING thence through Parcel A the fol towing four(4)coarses and distances: 1. South 09 deg.25 min. 28 sec, Easit 95.26 feet, 2. South 59 deg,59".n. 11 sec. West 285.00 feet, 3. South 30 deg,00 min.49 sec, East 50.00 feet, 4. South 59 deg..59 min. 11 sec. West 119.31 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the follow line courses and distances: two(2)tie- 17 deg.41 min. 26 sec. West 28.45 feet, 2. North 15 deg.48 min. 44 sec. West 33.22 feet to Parcel B; r M1 Page 2 November 9,2011 RUNNING thence along Parcel B the following four(4)courses and distances: 1• North 59 deg.59 min. 11 sec.East 82.77 feet, 2• North 30 deg.00 min.49 sec.West 15.00 feet, 3. North 59 deg.59 min. 11 sec.&st 290.00 feet, 4. North 09 deg.25 min,28 sec. West 70.47 feet to the point or place of Beginning, 6 �� .,wr . � eR CC#: C19-30100 dp w COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 07/03/2019 under Liber D00013018 and Page 026 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof,I have hereunto set my hand and affixed the seal of said County and Court this 07/03/2019 SUFFOLK COUNTY CLERK Q. 'ZL , JUDITH A.PASCALE SEAL i i iii i ii ilii iii i�i iii iiiii ii ii i ilii i i i i iii iii..iii viii ilii SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/03/2019 Number of Pages: 14 At: 11:13:35 AM Receipt Number : 19-0124140 TRANSFER TAX NUMBER: 18-37042 LIBER: D00013018 PAGE: 026 District: Section: Block: Lot: 1000 086.00 06.00 031.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $70.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CT,Y $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $52,50 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.pres $0.00 NO Fees Paid $497.50 TRANSFER TAX NUMBER: 18-37042 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages K-'P.AKEU 2u19 3 u I F i" Ii. t Pl .31MIN R, N'104L,F U-LRK (fi This document Will be public sur-Flxx' u'i�flpfflll record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed t Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling to 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. EA-52 17(County) or Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Comm.of Ed. 5. 00 Held for Appointmet�.. Transfer Tax Agidavit--, Mansion Tax The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00family dwelling only. — Sub Total YES or NO Other Grand Total If NO,see appropriate tax clause on P� e of this instr I h lu`�d 16,11 prn 4JDiLt�i000 19019816 1000 08600 0600 031002 '0� 5 Community Preservation Fund T Consideration Amount$ Real Property �Fpl 1 Tax Service R LPA A Agency u'D Verification CPF Tax Due $ 6 satisfactions/Discharges/Releases List Property owners Mailing Address Improved RECORD&RETURN TO: l p Vacant Land Law Office of Peter S. Dandwski, Jr. 616 Roanoke Avenue TD Riverhead, NY 11901 TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 71 Title COMPAIaln Information 310 Center Drive, Riverhead,NY 11901 C wwW-SUff0lkcountyny.g0v/clerk Ti — e E4 eq--2- 8 1 Suffolk This page forms part of the attached Deed(SPECIFY TYPE OF INSTRUMENT) made by: Nancy C. Pearson The premises herein is situated in SUFFOLK COUNTY,NEW YORK. lose TO In the TOWN of Southold S Mrantuk and Patricia Brantuk In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. F.-8002—Bng.i.and We Deed,with C....wt e.gpi.t Grantor's A-—individual.,C.,p..i..(single shed) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ------------------ THIS INDENTURE,made the 4-7 0- -0 day of June,in the year 2019 BETWEEN NANCY C.PEARSON RESIDING AT 3258 SOUTH HARBOR ROAD,SOUTHOLD,NEW YORK 11971 party of the first part,and JOSEPH BRANTUK and PATRICIA BRANTUK,his wife, RESIDING AT 44632 MAIN ROAD,SOUTHOLD,NEW YORK 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and 00/100($10.00) paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the Town of Southold,at Southold,County of Suffolk and State of New York,more particularly bounded and described on"SCHEDULE A"annexed hereto. Being and intended to be the area to be transferred from Parcel"A"to Parcel"B"so as to carry out a lot line modification,as shown on a certain Boundary Alteration Map prepared for Joseph Brantuk and Nancy C.Pearson,made by Young and Young,last dated May 16,2018, which said map is annexed hereto as"SCHEDULE B"and which such lot line modification was approved b Resolution oft e Town of Southold Planning Board,dated May 7,2019. J- 6"V1111111 tlov ey With the subtraction of the area described in"SCHEDULE A"herein,the resulting premises of the party of the first part is more particularly bounded and described on"SCHEDULE C" annexed hereto and indentified as Parcel"A". With the addition of the area described in"SCHEDULE A"herein,the resulting premises of the party of the second part is more particularly bounded and described on"SCHEDULE D" annexed hereto and identified as Parcel"B". Reserving however to the grantor herein a right-of-way over a portion of Parcel"B"for the benefit of Parcel"A"as described in"SCHEDULE E". A portion of an existing right-of-way over a portion of the premises of the Grantor as described in Schedule'T"annexed hereto,is to be extinguished. SUBJECT to the continuing rights of way of Joseph G.Brantuk and Patricia A.Brantuk and Timothy Coffey over the area described in Schedule"A". TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: , NANCY C.PEARSON ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ® ..... .........,.__. .. ........ ........ State of/VY County of SUFFOLK ,as: On the 11ir day of June, in the year 2019, before me the undersigned, personally appeared NANCY C. PEARSON personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she)(they)executed the same in(his)(her)(their)capacity(ies),and that by(his)(her)(their)signature(s)on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ?� r C. ✓/d'/r Kenneth B.Zahier Notary Public,Now York v�` f,/`, ,�'"'r' „,✓✓'"',. 3u1folk No,01ZA4517516 q_— Expires Feb.2%2023 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of County of ss: On the day of in the year 20 before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence,to be the individuals)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that(he)(she)(they)executed the same in (his) (her) (their)capacity(ies), and that by(his) (her) (their) signature(s)on the instrument, the individual(s)or the person upon behalf of which the individual(s)acted,executed the instrument. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE •State of County of ,ss: "(or insert District of Columbia,Territory,Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence,to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that(he)(she)(they)executed the same in (his) (her) (their) capacity(ies), and that by(his) (her) (their) signature(s) on the instrument, the individual(s)or the person upon behalf of which the individual(s)acted,executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. Peter S.Danowski,Jr. Nancy C.Pearson to Joseph 616 Roanoke Avenue Brantuk and Patricia Brantuk Riverhead,NY 11901 his wife Section: 86 Block: 06 Lot: p/o 31 County or Town: Suffolk/Town of Southold scHE=s k ��� •fir �� Jill" III f. It w ipso { glii a pw Y ,r g s a "" SCHEDULE A November 9, 2011 JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town of-Southold Suffolk County,New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk&Nancy C.Pearson Nancy C.Pearson to Joseph Brantuk&Patricia Brantuk ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York„being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises 11"filed in the Office of the Town of Southold,more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or,formerly Little Bear Realty„Inc. at the division line between Lot 1, Minor Subdivision, "Mohr'ing Enterprises 11"and Lot 2,Minor Subdivision, "Mohring Enterprises I1®, RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; RUNNING thence through Lot 1,Minor Subdivision, "Mohring Enterprises 11" the following four(4)courses and distances: I. South 09 deg. 25 min. 28 sec.East 70.47 feet, 2. South 59 deg. 59 min. 11 sec: West 290.00 feet, 3- South 30 deg.00 min.49 sec,East 15.00 feet, 4. South 59 deg. 59 min, I I sec.West 82.77 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the followirag two(2)tie-line courses and distances: 1. North 15 deg.48 min.44 sec.West 19-09 feet, 2• North 33 deg.44 min. 29 sec.West 21.54 feet to land now or formerly Little Bear Realty, Inc. Page 2, November 9, 2011 RUNNING thence along land now or formerly Little Bear Realty,Inc. the following two(2)courses and 'stances: 1. North 59 deg. 59 min. 11 sec.East 352.17 feet, 2. North 09 deg. 25 min. 2 sec. West 45.68 feet to the point or place of Beginning. CONTAINING an area of 0.2679 Acre. SCHEDULE C November 9, 2011 JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town of Southold Suffolk County,New York Surveyor's Description Boundary Alteration Map Joseph Brantuk&Nancy C.Pearson Parcel A (Confirmation Description Nancy C.Pearson After Alteration) ALL that certain plot„piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic,Town of Southold,County of Suffolk and State of New York,being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises Il"filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 1,Minor Subdivision, "Mohring Enterprises 11"and Lot 2,Minor Subdivision, "Mohring Enterprises 11", said point being situate North 63 deg. 55 min. 53 sec.East as measured along said division line 26.09 feet from the easterly line of land now or formerly Little Bear Realty, Inc.; RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division lute and along land now or formerly Corey Creek LLC 542.21 feet to land now or formerly Bradley Anderson& Francesca Anderson; RUNNING thence South 27 deg.01 min.47 sec.East along land now or formerly Bradley Anderson&Francesca Anderson 233.34 feet to land now or forrnerly Nancy C.Pearson; RUNNING thence South 60 deg.31 min.07 sec.West along land now or formerly Nancy C.Pearson 987.29 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following four(4)tie-line courses and distances. 1. North 04 deg.47 min. 11 sec. West 73.51 feet, 2. North 13 deg. 06 min.48 sec. West 44.58 feet, 3- North 17 deg.41 min. 26 sec.West 39.74 feet, 4. North 15 deg.48 min. 44 sec.West 33.22 feet to land this day acquired by Joseph Brantuk&Patricia Brantuk; Page 2 November 9, 2011 RUNNING thence along said land the following four(4)courses and distances: 1. North 59 deg. 59 min. 11 sec.East 82.77 feet, 2. North 30 deg. 00 min.49 sec. West 15.00 feet, 3. North 59 deg. 59 min. 11 sec.East 290.00 feet, 4. North 09 deg. 25 min. 28 sec.West 70.47 feet to the point or place of Beginning. CONTAINING an area of 4.9628 Acres. TOGETHER with a certain right of way. SCHEDULE D November 9, 2011 JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town of Southold Suffolk County,New York Surveyor's Description Boundary Alteration Map Joseph Brantuk&Nancy C.Pearson Parcel B(Confirmation Description Joseph Brantuk&Patricia Brantuk . After Alteration) ALL that certain plot„piece or parcel of land with the buildings and improvements thereon erected, situate,lying and being at Peconic,Town of Southold, County of Suffolk and State of New York„ being Lot 2 and a portion of Lot 1,as shown on Minor Subdivision, °"Mohring Enterprises II" filed in the Office of the Town of Southold,more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty,Inc. at the division line between Lot 1, Minor Subdivision, " ohring Enterprises 11°"and Lot 2,Manor Subdivision, "Mohring Enterprises RUNNING thence from said point of beginning along land now or formerly Little Bear Realty,Inc.the following three(3)courses and distances: I. North 09 deg.. 25 min. 28 sec. Oldest 333.02 feet, 2. North 09 deg. 10 mire. 28 sec. "West 148.00 feet, 3. North 09 deg.40 min. 28 sec. West 51.63 feet to Lot 3,Minor Subdivision, "Mohring Enterprises II"; RUNNING thence North 78 deg. 07 min. 20 sec.East along Lot 3,Minor Subdivision, "Mohring Enterprises II"483.57 feet to land now or formerly Corey Creek LLC; RUNNING thence South 11 deg. 52 min.40 sec.East along land now or formerly Corey Creek LLC 403.99 feet to land now or formerly Nancy C. Pearson; Page 2 November 9, 2011 RUNNING thence South 63 deg. 55 min. 53 sec. West along land now or formerly Nancy C.Pearson 496,65 feet to the line of land this day conveyed by Nancy C.Pearson; RUNNING thence along said line of land the following four(4)courses and distances: 1. South 09 deg. 25 min. 28 sec.East 70.47 feet, 2, South 59 deg. 59 min. 11 sec.West 290,00 feet, 3. South 30 deg.00 min. 49 sec. East 15,00 feet, 4. South 59 deg, 59 min. I I sec.West 82.77 feet to the . approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two(2)tie-line courses and distances: I. North 15 deg.48 min. 44 sec.West 19.09 feet, 2. North 33 deg.44 min. 29 sec.West 21-54 feet to land now or formerly Little Bear Realty,Inc.; RUNNING thence along land now or formerly Little Bear Realty,Inc. the following two(2)courses and distances: I. North 59 deg, 59 min. 11 sec. East 352.17 feet, 2. North 09 deg• 25 min. 28 sec. West 45.68 feet to the point or place of Beginning. CONTAINING an area of 5.5726 Acres. TOGETHER with and subject to certain rights of way. SCHEDULE E November 9, 2011 I JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town of Southold Suffolk County,New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk&Nancy C.Pearson Right of Way#1 (Right of Way Over Portion of Parcel B for the Benefit of Parcel A) ALL.that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate,lying and being at Peconic, Town.of Southold, County of Suffolk and State of New Mork,being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II"filed in the Office of the Town of Southold,more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty,Inc.at the division line between.Lot 1,Minor Subdivision, "Mohring Enterprises 11"and Lot 2,Minor Subdivision, "Mohring Enterprises RUNNING thence from said point of beginning North 63 deg. 55 min.. 53 sec.East along said division line 26.09 feet to a point; RUNNING thence along Parcel A the following two(2)courses and distances: I. South 09 deg. 25 min. 28 sec.East 70.47 feet, 2. South 59 deg. 59 min. 11 sec.West 26.71 feet to a point; RUNNING thence North 09 deg. 25 min. 28 sec. West through Parcel B and along land now or formerly Little Bear Realty,Inc. 72.39 feet to the Point or place of Beginning. SCHMULE F November 9,2011 JOSEPH BRANTUK&NANCY C.PEARSON at Peconic,Town of Southold Suffolk County,New York Surveyor's Description Boundary Alteration Map Joseph Brannik&Nancy C.Pearson Right of Way#3(Right of Way Being a Portion of the Right Of Way Shown on Minor Subdivision, "Mohnng Enterprises 11"Over Lot I Being Extinguished for Lot 1) ALL that certain Plot,Piece Or Parcel of Land with the buildings and improvements thereon erected,situate,lying and being at Peeonic,Town of Southold,County of Suffolk and Slate of New York,being a pot-lion of Lot 1,as shown on Minor Subdivision,"Mohring Enterprises III'filed in the Office of the Town of Southold,more,particularly bounded and described as follows: BEGINNING at a Point on the division line between Lot 1,Minor Subdivision,"Mohring Enterprises 11'and Lot 2,Minor Subdivision,"Mohring Enterprises 11",said point being situate North 63 deg.55 min.53 sec.East as measured along said division line 26.09 feet from the easterly line of land now or formerly Little Bear Realty,Inc,; RUNNING thence from said point of beginning North 63 deg.55 min.53 sec.East along said division line 26.10 feet to a point; RUNNING thence through Parcel A the following four(4)courses and distances: 1. South 09 deg.25 min.28 sec,East 95.26 feet, 2. South 59 deg.59 min. 11 sec.West 285.00 feet, 3. South 30 deg.00 min.49 see.East 50.00 feet, 4. South 59 deg.59 min,11 sec.West 119.31 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two(2)de- he courses and distances: Z. North 17 deg.41 min.26 sec.West 28.45 feet, 2. North 15 deg.48 min.44 sec.West 33.22 feet to Parcel B; Page 2 November 9,2011 RUNNING thence along Parcel B the following four(4)courses and distances: 1. North 59 deg.59 min. I I sec.East 82.77 feet, 2. North 30 deg.00 min.49 sec.West 15.00 feet, 1 North 59 deg.59 min. I I see.East 290,00 feet, 4. North 09 deg.25 min,28 sec.West 70.47 feet to the point or place of Beginning. Southold Town Planning Board Work Session —August 5 2019 — Page 2 d ub �� _..e_� _ _ ..... E Project Name: Gonzalez Standaredivision SCTM#- i 1000-27.-1-9 Location: 2050 Platt Road, a roxi mately 1,823' south of NYS Route 25, Orient � Description: Thisproposal is forhe standard subdivision of a 4.29-acre parcel into { two lots, where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres in the R-80 Zoning District. This parcel is located on Platt Road, +/- 1,830' south of r S.R. 5, in Orient t _ ._ . ... �. .. . .. . ... Status: Conditional Preliminary Plat Approval _ _ _ .... i ed Final Plat Action Review Revised Attachments ; Staff Report Project Name Man gieri Resubdivision SCTM#. 1000-125-3-2.3 Location. On the south side of S.R. 25, +/- 200' west of the intersection of C Road and S.R. 5, Laurel ! Description: I This proposal is for the resubdivision of SCTM#1000-125.-3-2.3 & 18 where 9.56 acres is proposed for transfer from Lot 2.3 to Lot 18. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed Lot 1) and Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2), in the AC ......... m Zoning District Status; Pendin � . _. . . g_ _ .. Action: 1 Extension Request AttachmentsStaff Report Project name- Brantuk & Pearson Resubdivision SCTM#: 1000-75-6-7.2 & 86-6-31 Location: Route Route to 25, +�- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYSE conic w. . _ Description; This proposed resubdivision transfers 0.27 acres from Lot 1 j (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status, Pending Action: Review for Determination 1 Attachments: i Staff Report Southold Planning Department Staff Report Re-subdivision Application Work Session Review Date August 5, 2019 Prepared By: Erica Bufkins I. Application Information Project Title: BRANTUK & PEARSON RESUBDIVISION Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86.-6-31 & 1000-75.-6-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: AC II. Description of Project Type of Subdivision: Resubdivision Acreage of Project Site. Lot 1: 5.2307 acres, Lot 2: 5.3047 acres # of Lots Proposed: NA, transferring 0.2679 acres from Lot 1 to Lot 2 III: Status Conditional Final Approval IV: Action to review Final Determination V: Project Analysis On May 6, 2019, the Planning Board granted a Conditional Final Approval upon this application with the following condition: 1. File the covenant and restriction in the Office of the Suffolk County Clerk. On July 9, 2019, the applicant's agent submitted proof of filing with the Suffolk County Clerk's Office for the following items: 1. A Termination Agreement for the part of the right-of-way proposed to be abandoned; 2. The covenants and restrictions required by the Planning Board; 3. The deeds to accomplish the transfer of land from Nancy Pearson to Joseph Brantuk. Southold Planning Department Staff Report The applicant's agent also submitted a copy of the Health Department waiver on the Conditional Final Approval resolution signed by both property owners. As a result of the submission of these materials, the application has filled all requirements of the Subdivision Code and is therefore prepared for a Final Determination by the Planning Board. VI: Items to Consider 1. Does the Board agree to make a Final Plat Determination upon this application at the Public Meeting scheduled for tonight, August 5, 2019? 2 OFFICE LOCATION: s MAILING ADDRESS: Town Hall Annext� ��, P.O. Box 1179 � � 54375 State Route 25 � �„�' ��"�� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 w � www.southoldtownny.gov vV" 2 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 2018 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Resubdivision of Brantuk and Pearson Located at 44632 &44332 Route 25 in Peconic SCTM#1000-86.-03-3.1 & 75.-6-7.2 Zoning District: AC Dear Mr. Danowski: At their Work Session on July 9, 2018, the Planning Board reviewed the application referenced above. Clarification is required on whether the applicant plans to apply for approval from the Suffolk County Department of Health Services prior to filing the deeds for this resubdivision. In addition, it was brought to the Board's attention that there is another landowner, Timothy Coffey, who has rights over the portion of the Right of Way that will be extinguished by this resubdivision (referenced as Right of Way #3 on the resubdivision plan). These rights, which originated from the subdivision that created the subject lots, must also be extinguished, and the current draft deed does not accomplish this. Therefore, a revised draft deed is required. The following are required to be submitted prior to a Conditional Final Approval: 1. Schedule A for the C&R; 2. Identify whether the applicant intends to receive approval from the Suffolk County Department of Health Services prior to approval by the Planning Board; 3. Revise the draft deed to relinquish the right of Timothy Coffey over the extinguished portion of the right of way. Southold Planning Board Page 2 July 12, 2018 Next Steas after receipt of materials and clarification as described above: 1. Consider granting a Negative Declaration under SEQR and a Conditional Final Approval with the following conditions: a. File the covenants and restrictions with the Suffolk County Clerk's Office and provide proof of filing; Please note that if the applicants choose to apply for and receive approval from the Suffolk County Department of Health Services (SCDHS) prior to filing the deeds, the Planning Board will wait to grant its approval until after receipt of the approval from SCDHS. This is to avoid the situation of having to re-apply if the approval is not received prior to the expiration of the Board's approval. If you have any questions regarding the above, please contact this office. Respectfully, a Erica Bufkins Planner Trainee cc: Ms. Nancy Pearson 3258 South Harbor Road Southold, NY 11971 2 Southold Planning Department Staff Report Resubdivision Application Work Session Review Date July 9, 2018 Prepared By: Erica Bufkins 1. Application Information Project Title: Brantuk & Pearson Resubdivision Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86.-6-31 & 1000-75.-6-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: AC Il. Description of Project Type of Subdivision: Resubdivision Acreage of Project Site: Lot 1: 5.2307 acres, Lot 2: 5.3047 acres # of Lots Proposed: NA, transferring 0.2679 acres from Lot 1 to Lot 2 III: Status Pending IV: Action to review Revised Plan Covenants and Restrictions Draft SEQRA Determination Conditions of Conditional Final Approval V: Project Analysis This is a resubdivision that will create no new residential development potential. This resubdivision proposes to eliminate the portion of the right of way to Richmond Creek that services Lot 1. The existing property line of Lot 2 will be extended as a flag to incorporate a 25' wide section of an existing 50' right of way currently located on Lot 1 that extends to Richmond Creek. Where the right of way meets Richmond Creek, there is a "turn- around" area of 100' x 120', of which 40' x 80' will be included in the new lot line for Lot 2. Southold Planning Department Staff Report The 50' right of way was originally created in a minor subdivision for Mohring Enterprises II approved by the Planning Board on May 10, 1985. The section of the right of way to the Richmond Creek that currently serves Lot 1 will be extinguished. The Public Hearing was held and closed on August 8, 2011. On October 30, 2017, at their work session, the Planning Board agreed to classify this application as an Unlisted Action under SEQRA. In a letter dated December 4, 2017, planning staff provided the applicant with draft covenants and restrictions and required the following: 1. Submit five 5 paper copies of the map inclusive of the following revisions:. a. Note the Zoning District of the proposed action; Staff: Complete. b. Add the covenant as a notation: "The construction of a dock on Lot 1 is prohibited,''; Staff: Complete. c. Change the notation for Right of Way#3 to read, "Extinguished portion of right of way". Staff: Partially complete. Although the extinguished area of the right-of-way contains a label that the area is to be extinguished, it is still also labelled "Right of Way #3". Change the label "Right of Way #3"to read "existing lot line"on the detail and the resubdivision map and have the arrow point to the existing lot line. 2. Submit the draft Covenants and Restrictions with any comment or revision for Planning Board review. Staff: The applicant provided a revised covenants and restrictions to planning staff on My 15, 2018. The draft was then revised by planning staff and agreed upon by the applicant to include the follow covenant; 1. The construction of a dock on or from the Subject Property is prohibited. A Schedule "A" legal description is required for the covenants and restrictions. 2 Southold Planning Department Staff Report 3. Revise the draft deed as follows: a. Add a legal description (will be Schedule F in the deed) of the extinguished portion of the right of way, noted on the plat currently as "Right of Way#3" (see 1 c. above for the required notation change for this area); Staff: Incomplete. b. Refer to Schedule F in the beginning of the deed with a brief explanation that this section of the right of way is to be extinguished. Staff: Complete. On January 11, 2018, the application was referred to the Suffolk County Planning Commission to request lead agency and comments on the application. On January 24, 2018, the SCPC responded that this application is considered to be a matter of local determination. VI: SEQRA A Negative Declaration is proposed in the attached document. VII: Staff Recommendations 1. Upon receipt of a legal description Schedule A for the C&R, accept the draft covenants and restrictions; 2. Submit a legal description Schedule F of the extinguished portion of the right of way, noted on the plat currently as "Right of Way #3"; 3. Revise the map to include the following: a) Label Right of Way #3 as "existing lot line" on the detail and the resubdivision map; b) The line running N 63155'53" E for 26.09' and the line running S 9 25 28" E for 26.71' must be shown with a dashed line on both the detail and the resubdivision map to clarify that the area will now belong to Parcel B; 4. Next Steps after receipt of revisions described above: 3 Southold Planning Department Staff Report 1. Upon receipt of 6 copies of corrected map and a corrected draft deed, consider granting a Negative Declaration under SEAR and a Conditional Final Approval with the following conditions: I. File the covenants and restrictions with the Suffolk County Clerk's Office and provide proof of filing; 2. Upon receipt of proof of filing of the covenants, consider granting Final Approval II. File the draft deeds with the Suffolk County Clerk's Office and provide proof of filing. 4 Southold Town Planning Board Work Session — July 9 2018 — Page 3 � Oehler Family Ltd. Partnership � SCTM#: 1 1000 115 10-1 Pro ect name: K a C Location: 4180 New Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, Mattituck tion; Descri Standard Subdivision ofga 14.9 � p This proposal posal is a Clustered tandard acre parcel into seven lots where Lot 1 equals 0.8 acres; Lot 2 equals 0.9 acres; Lot 3 equals 1.11 acres; Lot 4 equals 0.71 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.7 acres; Lot 7 equals 9.5 acres inclusive of 8.72 acres of Open Space, located in the R-80 Zoning District. This property includes a proposed road totaling 0.54 acres. Status Conditional Sketch Approval 1 Completeness,& Open Space Action Final Plat Co _ Attachment s: Staff Report Project nameI Brantuk & Pearson Resubdivision _. .... 7 _ . T SCTM# 1000...... 7.2 & 86-6-31 r s Location: 44632 Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Peconic Description: This proposed resubdivision transfers 0.27 acres from Lot 1 (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status. Pending Action: Review Revised C&R's Attachments Staff Report Discussion: ❖ Draft Monthly Report for June ❖ Request for Comments to ZBA re: Zupa, Mary SCTM# 1000-81-1-16.7, 580 Basin Road, Southold Southold Town Planning Board Work Session — June 4 2018 -- Page 2 C Project Name F _ fishers Island Club Additions � SCTM# J 1000-4-6-9 { Location:. Off East End Road, ±820' s/w/o of East Main Road & East End Road, Fishers Island-- p Descri tion: This-Amended Site Plan is for the proposed addition of 10,471 sq. ft. to I expand the existing use areas within the club house and increase the existing 14,270 sq. ft. Fishers Island Country Club to 24,741 sq. ft., including the addition of 28 parking stalls and a new sanitary system on i 12.3 acres in the R-120 Zoning District. Status: ( Approved Action �'Finalito Inspection Attachments, " ._. ts: F Staff Report_.._ e j Pro ect na .. H j me: arold R. Reeve & Sons, Inc � SCT M# 1000-140-1-6 Standard Subdivision Locap Standard Subdivision _ . . on: ri do � T605p Wickham is foga Sta attituck Description,p I ..__ _ �. n° his rof a 5.1 acre split-zoned 1 parcel into 4 lots where Lots 1-3 equal 1 in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District. Status: I Conditional Sketch Approval , Comment Review G Action: Referral Review & Public Attachments Staff Report n Project name: Brantuk & Pearson SCTM#: 1000-75-6-7.2 & 86-6-31 1 Resubdivision Location: 44632 Route 25 +� .. _... _ . . . t - 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS onic Description. Thiste 2 ed on transfers ...... � ._ . 5 ec proposed resubdivisir0.27 acres from Lot 1 � (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status: Pending Action: Review Revised C&R's Attachments: 1 Staff Report Southold Planning Department Staff Report Resubdivision Application Work Session Review Date June 4, 2018 Prepared By: Erica Bufkins I. Application Information Project Title: Brantuk & Pearson Resubdivision Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86.-6-31 & 1000-75.-6-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: AC II. Description of Project Type of Subdivision: Resubdivision Acreage of Project Site: Lot 1: 5.2307 acres, Lot 2: 5.3047 acres # of Lots Proposed: NA, transferring 0.2679 acres from Lot 1 to Lot 2 III: Status Pending IV: Action to review Revised Plan Covenants and Restrictions Draft SEQRA Determination Conditions of Conditional Final Approval V: Pro"ect Analysis This is a resubdivision that will create no new residential development potential. This resubdivision proposes to eliminate the portion of the right of way to Richmond Creek that services Lot 1. The existing property line of Lot 2 will be extended as a flag to incorporate a 25' wide section of an existing 50' right of way currently located on Lot 1 that extends to Richmond Creek. Where the right of way meets Richmond Creek, there is a "turn- around" area of 100' x 120', of which 40' x 80' will be included in the new lot line for Lot 2. Southold Planning Department Staff Report The 50' right of way was originally created in a minor subdivision for Mohring Enterprises II approved by the Planning Board on May 10, 1985. The section of the right of way to the Richmond Creek that currently serves Lot 1 will be extinguished. The Public Hearing was held and closed on August 8, 2011. On October 30, 2017, at their work session, the Planning Board agreed to classify this application as an Unlisted Action under SEQRA. In a letter dated December 4, 2017, planning staff provided the applicant with draft covenants and restrictions and required the following: 1. Submit five 5 paper copies of the map inclusive of the followin revisions: a. Note the Zoning District of the proposed action; Staff: Complete. b. Add the covenant as a notation: "The construction of a dock on Lot 1 is prohibited,"; Staff: Complete. c. Change the notation for Right of Way#3 to read, "Extinguished portion of right of way". Staff: Partially complete. Although the extinguished area of the right-of-way contains a label that the area is to be extinguished, it is still also labelled "Right of Way #3". Change the label "Right of Way #3"to read "existing lot line"on the detail and the resubdivision map and have the arrow point to the existing lot line. 2. Submit the draft Covenants and Restrictions with any comment or revision for -Planning Board review. Staff: The applicant provided a revised covenants and restrictions to planning staff on My 15, 2018. The draft was then revised by planning staff and agreed upon by the applicant to include the follow covenant; 1. The construction of a dock on or from the Subject Property is prohibited. A Schedule "A" legal description is required for the covenants and restrictions. Southold Planning Department Staff Report 3. Revise the draft deed as follows: a. Add a legal description (will be Schedule F in the deed) of the extinguished portion of the right of way, noted on the plat currently as "Right of Way #3" (see 1 c. above for the required notation change for this area); Staff: Incomplete. b. Refer to Schedule F in the beginning of the deed with a brief explanation that this section of the right of way is to be extinguished. Staff: Complete, On January 11, 2018, the application was referred to the Suffolk County Planning Commission to request lead agency and comments on the application. On January 24, 2018, the SCPC responded that this application is considered to be a matter of local determination. VI: SEQRA A Negative Declaration is proposed in the attached document. VII: Staff Recommendations 1. Upon receipt of a legal description Schedule A for the C&R, accept the draft covenants and restrictions; 2. Submit a legal description Schedule F of the extinguished portion of the right of way, noted on the plat currently as "Right of Way #3"; 3. Revise the map to include the following: a) Label Right of Way#3 as "existing lot line" on the detail and the resubdivision map; b) The line running N 63055'53" E for 26.09' and the line running S 9 25 28" E for 26.71' must be shown with a dashed line on both the detail and the resubdivision map to clarify that the area will now belong to Parcel B; 4. Next Steps after receipt of revisions described above: 3 Southold Planning Department Staff Report 1. Upon receipt of 6 copies of corrected map and a corrected draft deed, consider granting a Negative Declaration under SEQR and a Conditional Final Approval with the following conditions: L File the covenants and restrictions with the Suffolk County Clerk's Office and provide proof of filing; 2. Upon receipt of proof of filing of the covenants, consider granting Final Approval II. File the draft deeds with the Suffolk County Clerk's Office and provide proof of filing. 4 Michaelis, Jessica From: Terry, Mark �4 _ Sent: Monday, June 04, 2018 2:37 PM `P 6) 1- To: Michaelis,Jessica in Subject: FW:Work session today .. . ,FR(�t4 4 �Wd Southold Town Planning Board From: Nancy Conradi [nrcpearson@gmail.com] Sent: Monday,June 04, 2018 2:18 PM To:Terry, Mark; William Price Subject: Re: Work session today As I am the other landowner and party to this agreement and was not notified of today,s work session,. I request that this be rescheduled and that I be notified. Nancy Pearson On Mon,Jun 4, 2018, 2:14 PM Nancy Conradi <nrc earson maii.cot°n<rriailto:nrc earson ail mail.corn>>wrote: As I am the other landowner and party to this agreement and was not notified to enable my appearance possibly with counsel;. I request this session be rescheduled and that I be notified of new date. Nancy Pearson 1 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 ( FAX (631) 727-7451 I. ., E-Mail: pdanowski@danowskilaw.com } JOHN R TAGGART, ESQ, jtaggart@danowskilaw,com ( May 16,2018 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Attention: Erica Bufkins Re: Proposed Lot Line Modification of Brantuk and Pearson SCTM No. 1000-86-03-31 and 75-06-7.2 Dear Ms. Bufkins: Per our discussions, I have prepared an amendment to the Covenant and Restriction,which I have forwarded to you. I understand that Nancy C. Pearson was prepared to review same with her counsel on May 16. I now also deliver amended plans with one set highlighted in yellow. Consistent with my comments regarding the Covenant and Restriction. The construction of a dock will be prohibited on the newly altered area of Lot 1 depicted on the maps as "Parcel A". Part of Lot 1 will be deeded to Partrica and Joseph Brantuk and this remaining portion of the right of way,which expands from 25' to 40±feet at Richmond Creek will be used to access the proposed dock. Nancy C. Pearson's rights over this reduced right of way to access Richmond Creek will be abolished. Very truly yours, Peter S. Danowski,Jr. PSD:mmc Enclosures cc: Mr. and Mrs. Joseph Brantuk William Duffy,Esq. r1 ; OFFICE LOCATION: -' MAILING ADDRESS: Town Hall Annex ��OF SO P. P.O. Box 1179 54375 State Route 25 O l0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold NY Telephone: 631765-1938 v' www.southoldtownny.gov G • i� ���y00UNTY,�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 4, 2017 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of,Brantuk and Pearson Located on the right-of-way off Main Road in Peconic SCTM#1000-86.-03-3.1 & 75.-6-7.2 Zoning District: AC Dear Mr. Danowski: In response to your letter dated September 20, 2017, the Planning Board has revisited the application referenced above. The Planning Department has created draft Covenants and Restrictions preventing any future dock on Lot 1(SCTM#1 000-86-3-3.1). Please review the attached document, you will also receive an electronic version of this document. Preferably, any requested revisions should be provided in "track changes" in electronic form via e-mail. The digital document you receive will be protected and allow only tracked changes to be made. You may also submit requested revisions hand-written on the attached paper version. Please note that this Lot Line Modification application is eligible for a waiver from the Planning Board regarding the requirement to receive approval from the Suffolk County Department of Health Services prior to the Planning Board approving the Lot Line Modification. The approval resolution will contain the following note, and then a statement the landowners will be expected to sign prior to the Planning Board Chairman's endorsement: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Modification may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. 1 understand that Southold Town Planning Board approval of this Lot Line Modirication does not grant, guarantee or waive an approval, if required, from the i` Southold Planning Board- Page 2 December 4, 2017 Suffolk County Department of Health Services (SCDHS). 1 understand that 1 will need to apply separately to the SCDHS for any applicable approvals. Signature of(Property Owner 1) Print Name Signature of(Property Owner 2) Print Name Upon review of the above referenced application, Planning Staff requires that the following be completed: 1. Submit five (5) paper copies of the map inclusive of the following revisions: a. Note the Zoning District of the proposed action; b. Add the covenant as a notation: "The construction of a dock on Lot 1 is prohibited," ; c. Change the notation for Right of Way#3 to read, "Extinguished portion of right of way". 2. Submit the draft Covenants and Restrictions with any comment or revision for Planning Board review. 3. Revise the draft deed as follows: a. Add a legal description (will be Schedule F in the deed) of the extinguished portion of the right of way, noted on the plat currently as "Right of Way#3" (see 1 c. above for the required notation change for this area); b. Refer to Schedule F in the beginning of the deed with a brief explanation that this section of the right of way is to be extinguished. If you have any questions regarding the above, please contact this office. Respectfully, 1 Erica Bufkins Planner Trainee cc: Nancy Pearson 2 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 20_, by Nancy C. Pearson, presently residing at hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Subject Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to modify the Property's lot line as shown on the map entitled " "prepared by last dated , on file with the Southold Town Planning Board, , and hereinafter referred to as the "Map"; and WHEREAS, for and in consideration of the granting of said lot line modification, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, in the original subdivision in 1985, known as the filed map of Mohring Enterprises II, the Planning Board granted a right of access to the water for the three upland lots over the Subject Property—the only waterfront lot. The four lots share this access and have the right to one dock. This lot line modification reduces the size of the common access to Richmond Creek from 50 feet to 25 feet, and changes the ownership of the right of way from Lot 1 in the original subdivision to Lot 2. This lot line change would create the ability for the Subject Property to apply for a second dock, which is contrary to the intent of the original subdivision. The purpose of this covenant is to prevent the Subject Property from applying for and constructing a dock so that environmental impacts resulting from the lot line modification are mitigated. This restriction to prevent a dock on the Subject Property upholds the Planning Board's original intent that only one dock could result at this location; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Subject Property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. The construction of a dock on the Subject Property is prohibited. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and 2 restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Schedule A. Legal Description of the Subject Property 4 ,F Bufkins, Erica From: Bufkins, Erica Sent: CF_[day, October 20,2017.10:12 ANl To: Lanza, Heather Cc: Terry, Mark _ Subject: CBrantuk/_Pearson - Mark and I just spoke with Pete Danowski regarding the Branktuk& Pearson lot line change. He confirmed that he is okay with the deer fence on the property line that will be created as a result of this resubdivision. His only concern was that Ms. Pearson agree to and sign the covenants so that the application can continue to be processed. I will keep a copy of this for our records. Erica Bufkins Planner Trainee Southold Town Planning Department 54375 NYS Route 25 ,P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: EricaB@southoldtownny.gov LAW OFFICES 4— PETER S. DANOWSKI, JR. � E C E V E 616 ROANOKE AVENUE RIVERHEAD, NY 11901 SEP 20 2017 (631)727-4900 FAX(631) 727-7451 So1!tmodTown E-Mail: pdanowski@danowskilaw.com Planning Board JOHN R TAGGART,ESQ. jtaggart@danowskilaw.com September 18, 2017 Planning Board Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Lot Line Modification of Brantuk and Pearson Located off the Right-of-Way at Main Road,Peconic SCTM No. 1000-86-3-31 & 76-6-7.2 Zoning District AC Dear Sir/Madam: I enclose a September 12,2014,letter from Alexandra Sabatino,Planner, requiring there be a restrictive covenant preventing any future dock on Lot 1 owned by Nancy C.Pearson. Nancy C.Pearson's lot line is being altered to provide a Parcel A as depicted on the boundary alteration map previously submitted to the Town's Planning Board as part of the boundary line alteration application. The map itself is entitled "Map Prepared for Joseph Brantuk and Nancy C. Pearson". Dr. Pearson had previously refused to honor the Planning Board's requirement of signing a covenant prohibiting the construction of a dock and use of same on her property,after the boundary is altered. I am advised by counsel for Nancy C. Pearson that she has now agreed to sign a covenant and that the alteration of boundary process can now be completed with a condition that the covenant be executed and filed with the County Clerk. I would ask that the Board calendar this matter for a resolution of approval. Prior to being notified that Nancy C.Pearson would sign a proposed declaration and covenant,I had forwarded a letter with enclosures to the Town Trustees asking them to move forward,with the process and asking for the removal of a deer fence,that had apparently been constructed with a Trustee's permit. See my letter with enclosures. I recently was advised by letter as enclosed that Trustees would wait for action to be taken by the Planning Board on the alteration of boundary line application before addressing my letter. Very truly yours, J244— Peter S.Danowski,Jr. PSD:mmc Enclosures cc: Mr. and Mrs.Joseph Brantuk William Duffy,Esq.,Town Attorney Damon Hagan,Esq.,Deputy Town Attorney a \ 1 ALAE—NG ADDRESS: PLAMING BOARD MEMBERS of soon. P.O.Box 1179 DONALD J.WMCENSEJ Southold,NY 11971 Chair OFFICE LOCATION: VALLUM J.CREMERS Town Hall Annex PIERCE RAFFERTYG • 54375 State Route 25 JAMES H.MARTIN H.ICHSIDM (cor.•Main Rd. &Youngs Ave.) G'o �� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2014 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the right-of-way off Main Road in Peconic_ SCTM#1000-86-03-31 & 75-06-7.2 Zoning District: AC Dear Mr. Danowski: In response to your letter dated September 3, 2014, the Planning Board has revisited the application referenced above. After careful consideration, the Board remains committed-to the intent of the original subdivision, which provided for a single access to Richmond Creek. This is a justifiable limit, given that only one lot from the original subdivision is located on the waterfront. Non-waterfront lots are not generally given their own separate access to the water. This lot line modification proposes to create a second access to the water exclusively for the use of non-waterfront lots, and is contrary to the original intent of the 1985 Mohring _ Enterprises subdivision. To remain consistent with the original intent, the Planning Board will not allow the Lot Line Modification to proceed without a deed restriction or covenant preventing any- future dock on Lot 1(SCTM#1000-86-3-31). If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino L4@ Planner cc: Nancy Pearson - x0f SOUS, Michael J.Domino,President jO Town Hall Annex John M.Bredemeyer III,Vice-President �� lQ 54375 Route 25 .fL .1L P.O.Box 1179 Charles J.Sanders T '! Southold,New York 11971 Glenn Goldsmith G � pQ Telephone(631) 765-1892 A.Nicholas KrupskiyC4UNTY O Fax(631) 765-6641 � ,�� - BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 25, 2017 Peter S. Danowski, Jr. 616 Roanoke Avenue Riverhead, NY 11901 RE: JOSEPH & PATRICIA BRANTUK 44632 ROUTE 25, SOUTHOLD SCTM#: 1000-75-6-7.2 Dear Mr. Danowski: We are in receipt of your application for the above referenced property. As you know we are aware of the past history of this application with the Trustees and the Planning Department. In light of that past history we will be postponing the scheduling of this application until the resolution of the planning department matter. It is our understanding that that matter will be resolved shortly. If you have any questions regarding this determination, please do not hesitate to contact the office at 631-765-1892. Sincerely, Michael J. Domino, President Board of Trustees LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 E-Mail:pdanowski@danowskilaw.com JOHN R TAGGART,ESQ. jtaggartQdanowskilaw.com July18,2017 Board of Trustees Southold Town P.O.Box 1179 Southold,NY 11971 Re: Joseph & Patricia Brantuk SCTM No. 1000-75-06-7.2 Gentlemen: Responding to your October 14,2014,letter,please provide Southold Town Code Provision verifying your position that the prior application has expired. I also enclose the following: 1. My letter of September 3,2014; 2. Earlier consents delivered to the Trustee's Office,executed by Dr.Nancy Pearson; 3. Letter from Planner dated September 12,2014; 4. Complete file returned to my office,which is re-returned to the Trustees Office to have a complete public record of the entire history of the application process; As you know,Dr.Pearson desired a reduction of the access path at the water's edge. The deeded 50' R.O.W.for the benefit of the neighboring property owners provided a width in excess of 100' at the water's edge. Dr.Pearson(by an Agreement provided to the Town Trustees and Planning Board) also desired a reduction of the 50' R.O.W.to 25' for a substantial distance on her lot. Prior to submitting the last plan to the Trustees and submitting the alteration of boundary line maps to the Planning Board,the proposed dock location with an extension of property line depicted was shown to make sure the Trustees would approve the dock application location taking into consideration all rules,regulations and Town Code Provisions. Notarized signatures are provided. The application notes that Joseph Brantuk is now the owner of the lot previously owned by "Freedner". The dock plans as now submitted conform to requested changes. The application notes the history of the passing of title to the lots on the "Mohring"subdivision. If the Trustees claim title to the lands over which the dock is proposed to the constructed,then proof of the deeded R.O.W. should be sufficient to enable the Trustees to issue the permit on the older plan as originally proposed without the need for the alteration of boundary'line. The new.photos now depict a deer fence at a location interfering with the other lot owners existing 50-foot right of way.With permission from the Town,a fence could have been erected consistent with the alteration of boundary line agreement and with approval from the Planning Board. However,the erection of this fence violated the terms of the agreement and could not have been granted a permit without the consent of all other lot owners with rights over the 50-foot right of way.The fence was improperly erected without a permit. Thereafter,the Town Trustees granted a permit after the fact for the erection of a deer fence on what appears to be non-agricultural property. The original review of the permit required a building permit,which was apparently later waived. See Michael Verity original response. Any rights to erect a deer fence along other larger agricultural properties of Dr.Pearson are,not at issue. However,this residential building lot does not appear to contain an existing agricultural use on the property entitling a waiver of the building permit process. I would ask that Dr.Pearson be required to remove the fence and that Board of Trustees revoke any permit to erect the fence. I would also ask to be supplied with proof of the Town's receipt of assessment information from Dr.Pearson entitling her properties to any form of agricultural relief. The plan amendment at the water's edge showing a 40 foot±width is a proposed plan necessitated by the request of Dr.Pearson to narrow both the access path to the water and to provide a narrowing of width at the water's edge for the erection of the dock. As it currently stands,the Board of Trustees and the Planning Board will not move forward with granting the dock permit as submitted. The 50-foot right of way to Richmond Creek with 100±foot of access at the water's edge is a,right that each of the lot owners are entitled to enjoy.The attempt to-narrow the right of way in the dock construction area was an attempt to accommodate requests from Dr.Pearson. Now that she has taken a position not to cooperate'with a Planning Board requirement and intends to take a position that she as a right to a separate dock on her lot,we are at a standstill in gaining Planning Board approval. This does not,however,mean that the dock application as filed;either the original plan or the successor plan,more centrally located at a 100 foot width at the_water's edge or the now revised plan to one side of the right of way cannot be approved. The current design of the dock following the Trustees' recommendation should be approved. The only owners with a proprietary interest in the application should now be the Brantuks and Mr.Coffey. It should be pointed out that Dr.Nancy Pearson has acknowledged the 50-foot right of way with a 100-foot±rights at the water's edge. See survey submitted along with the post construction deer fence permit application. This is also consistent with all deeds of record,including the predecessor's deed into Dr.Pearson. It should be pointed out that Dr.Pearson did not acquire title to her lot until some 10 years after the predecessor deed into Scopaz,my client's predecessor in interest. Very truly yours, Peter S.Dano ',Jr. PSD:mmc Enclosures cc/Joseph &Patricia Brantuk John M.Bredemeyer III,President OF SO(/��iO Town Hall Annex Michael J.Domino,Vice-President 54375.Main Road James F.King,Trustee -P.O.Box 1179 Dave Bergen,Trustee cis Q Southold,New York 11971-0959 Charles J.Sanders,Trustee Telephone(631)76b-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 14, 2014 Mr. Peter S. Danowski, .Jr., Esq. 61 Roanoke Avenue Riverhead, NY 11901 RE: JOSEPH & PATRICIA f3RANTUK 44632 MAIN ROAD, SOUTHOLD SCTM#: 75-6-7.2 Dear Mr. Danowsk� Thank you for your letter of September 3, 2014; 1 apologize for the somewhat delayed response. Unfortunately, the prior application has expired and new applications and Short Environmental Assessment Form are now in use. Thusly, a new application is required for this project. The minutes from the Board of Trustees public hearing held on May 18, 2011 contain matters that should be addressed In the new application which are as follows: 1) Receipt of Planning Board approval 2) The plan showing a 40 foot wide property extension needs explanation. . . 3) Although project appeared to meet the "less than 1/3 navigation rule,"this will need to be confirmed and the dock must be no more than 90' in length 4) Notarized signatures of any owners with a proprietary interest in subject application 5) Dock should be perpendicular to shore with no large tie-off piles needed Please find attached, minutes from a Board of Trustee public hearing held May 18, 2011, concerning the subject property of your inquiry. Please contact this office if you have any questions. Very truly yours, "Bryer III President, Board of Trustees CC: Trustees CC: Lori Hulse CC: Planning Dept. CC: Planning Board Board of Trustees - 50 May 18, 2011 windows. It can't be done. TRUSTEE BERGEN:What I was particularly concerned with is you already have DEC approval for this material location site. MR. COSTELLO: Yes, we do.And we have a reasonably good-size window on it, from January 15 to September. TRUSTEE BERGEN: Is there anybody else here who wants to speak for or against this application? (No response). Any other comments from the Board? (No response). What about the condition that the LWRP administrator recommended for silt boom? MR. COSTELLO: I have no problem whatsoever with it but. you know, the location of the silt boom is going to be a little difficult. But we can put it around the crane barge and container for a certain distance. You can't silt boom the whole creek. TRUSTEE BERGEN: I'think what you are proposing there is a good idea. MR. COSTELLO: Certainly. TRUSTEE BERGEN:Any other comments from the Board? (No response). If not, III make a motion to close the public hearing. TRUSTEE KING: Second. TRUSTEE GHOSIO:All in favor? (ALL AYES). TRUSTEE BERGEN: I'll make a motion to approve the application of Costello Marine on behalf of Gardiner's Bay Homeowners Association as described in dredge area number two. Spring Pond, East Marion. This was found consistent under the LWRP with the only condition that a silt boom will be used around the immediate dredge barge area as it's pressing through this project. TRUSTEE KING:Second. TRUSTEE GHOSIO:Any further discussion? MS. STANDISH: Is that a ten-year maintenance permit? TRUSTEE BERGEN: Yes, it's a ten-year maintenance permit. TRUSTEE GHOSIO:All in favor? (Trustee Ghoslo, aye. Trustee King, aye. Trustee Bergen,aye. Trustee Bredemeyer,aye)(Trustee Doherty, abstains). TRUSTEE GHOSIO: Number 12,Costello Marine Contracting Corp.,on behalf of JOSEPH BRANTUK requests a Wetland Permit to construct a 4'X20' ramp onto a 4'X57'open-grate decked catwalk to a 4'X69'open-grate decked fixed dock with a 32"X12'seasonal aluminum — I'm assuming ramp--onto a 6'X20' seasonal float secured by two 2.5"diameter galvanized steel pipes; and install three 8"diameter mooring piles. Located:44632 Main Rd., Southold. The whole Board was there, as 1 recall. The note we had from our field inspection was to make the float go straight out, shortening the catwalk. We wanted to make it subject to Planning Board approval. And no further expansion. The CAC resolved to, not support the application because the proposed dock exceeds one-third across the width of the creek and extends beyond the existing pier line. And it has been found inconsistent by LWRP. Also requesting that please have Board of Trustees 51 May 18, 2011 applicant clarify the notation on the plan proposed 40-foot wide property expansion. Please verify the property owner has provided written consent on all parties having interest in the right-of-way. And proposed vessel dimensions should be identified. That's basically it. Is there anybody here who would like to address this application? MR. COSTELLO.Again, my name is John A. Costello and we are the agents for Mr. Brantuk for this application on the dock. If you ask me the individual questions, I'll try answer them one at a time. TRUSTEE GHOSIO: Let's get this out of the way. What's the size of the vessel planning on going there. if there is any planned vessel? MR. COSTELLO. Right now I know Mr. Brantuk has a 23-foot boat. That's the only one I know. And Tim Coffey is one of the owners in the association,and he is not going to bring his main boat up there. And what other vessel he would bring up there, probably would only be. I don't know, projecting,would be a Boston Whaler. The depth of water there is certainly minimal at low tide. It's very comfortable at high tide. TRUSTEE GHOSIO: How about making It a straight dock rather than having a 'T'at the end? MR. COSTELLO: I don't think that's a problem. Just as long as the overall length gets us to the same water depth. TRUSTEE BERGEN: Then the width of the boat makes no difference also. TRUSTEE GHOSIO: Right. I think that's what we had discussed in the field. Then you could utilize both sides of the float. So, if we were to do that, what's the total distance then? TRUSTEE DOHERTY. Jim is trying to figure it out. TRUSTEE KING: Looks like the creek Is about 275 feet wide at this point. TRUSTEE GHOSIO: Here'is where we are talking about. Right around here somewhere, I suppose. I think that picture 1 took was from somewhere-- MR. COSTELLO: It's back somewhere in that little notch. TRUSTEE GHOSIO: Yes, right in here. Because here is the end of the driveway. And there was a fence, and this area had been cleared. TRUSTEE DOHERTY. So that meets the one-third rule. TRUSTEE GHOSIO: I think it does, too. MR. COSTELLO: There is an indent on the other side. With that indent and across, it doesn't qualify. I think it's within the one-third distance, only because of the shape of the land. Not because of the overall waterway. TRUSTEE GHOSIO: If it was here, it may not make it. MR. COSTELLO: It would not make it there. But in that notch, the angle of it,heads over there, where the white line ends. MS. PEARSON: My name is Nancy Pearson, I'm the owner of the property. Mr. Brantuk is making his application pending our agreement to divide a right-of-way. So at this point he really doesn't have the jurisdiction to be able to do that. I just want to point out you are not talking about the right place. Board of Trustees 52 May 18, 2011 This is where we are talking about, it's right here (indicating). TRUSTEE GHOSIO: All right, that's where I originally thought. TRUSTEE DOHERTY.Thank you. TRUSTEE GHOSIO: Do you concur with that,John? MR. COSTELLO: Yes. I think that boat is there. MR. PEARSON: I also want to say,we don't want an approval for this application at this point. What we want is some information from the Board about what is the minimum that we can have, that they can have to have their dock, the minimum property required or setback or lines on either side. TRUSTEE DOHERTY:We have given that information over and over, but you wanted something in—we understood It, all parties wanted something in writing and something definite, and we can't give something definite unless we go through the approval process. If we approve this,we are planning on making it subject to Planning Board approval. In other words, the permit will not be given out unless the Planning Board approves their lot line changes or whatever you are doing with them. So this is not going to be effective unless the property lines are changed. MS. PEARSON: Very good. That's fine. TRUSTEE DOHERTY: 1 wanted to make that clear. MS. PEARSON: Thank you. TRUSTEE KING: Near as I could figure it, it's 90 feet from low water to the end, seaward end of the float. TRUSTEE GHOSIO: So total length is 90 feet. TRUSTEE KING: From low water. And I measured low water to low water, looks like 275 feet. It's hard to scale off because It's such a tight scale here. I would say it's right on the line as far as one-third goes. TRUSTEE GHOSIO: So the total distance is fine, you know, once we make it straight, he'll just have to pull the catwalk back to make the 90 feet. TRUSTEE KING:Yes. TRUSTEE GHOSIO: Yes, ma'am. MR. CONDON: My name is Joan Condon, I live on Richmond Creek. And I think it comes out too far into the creek. Because that channel is narrow, and it will take up half the creek, I think. TRUSTEE GHOSIO: It's g0 feet. What's the total distance across? TRUSTEE DOHERTY:275. TRUSTEE KING: Looks like 275. MS. CONDON: The only deep part is in the very center. TRUSTEE DOHERTY: So the channel you are saying is in the center. TRUSTEE KING: It's marked mid channel is in the center. MS. CONDON: It was never dredged all the way, so it is shallow. TRUSTEE KING:According.to the survey mid channel is right about in the middle of the creek. TRUSTEE BERGEN:What we are saying is that's what the survey shows also, the channel Is in the middle of the creek,just like you are saying. MS. CONDON: But it's owned by four different people and if they all put boats out there, and that was, he implied a couple years ago, for this,and he talked like a marina, and all these people Board of Trustees 53 May 18, 2011 would have their boats. They are not doing that now, but there are still four owners and they have a right-of-way to that spot. TRUSTEE DOHERTY. Correct,that's what they are planning, on having a right-of-way to that spot But we will not be, its still zoned residential, we won't be approving more than the code allows. TRUSTEE KING: So we would allow one 6x20 float, and we would stipulate that there be no further expansion of this facility. They are restricted to one, 6x20 float. In that instance,you could put a boat on either side of it. MS. CONDON: You are saying you would only allow two boats there. TRUSTEE KING: By code you could have. I think, two of your own boats and two or three of somebody else's. TRUSTEE DOHERTY.Two boats other than your own and— TRUSTEE KING: But they would not have room for large boats. They would have to have a couple of small boats. MS. CONDON: The water depth is not very great. Most of the time they'll be sitting on the bottom anyway. TRUSTEE DOHERTY. So the only way there will be more than two boats if they were very small, a couple of dinghies,whatever, like that; they would not be very big boats because there is only one 6x20 float that the code allows. MS. CONDON: You could guarantee that? TRUSTEE BREDEMEYER: It's a requirement of the permit that they can't have more than a 6x20 float. MS. HULSE: And the file doesn't have the written consent of those owners yet. TRUSTEE DOHERTY: Right.And it would be subject to the written consent of the, subject to the approval of the Planning Board. If this property is not subdivided or lot line change, I'm not sure exactly what they are applying for, if that's not approved, then they don't get this permit. MS. CONDON: Thank you. TRUSTEE GHOSIO: One question did come up,John, was why two-and-half inch diameter galvanized steel poles? MR. COSTELLO: Because they probably will be removed because of the ice conditions. And they are easier to get back in and maintain it on an immediate basis, since you are only handling one small. TRUSTEE DOHERTY. So seasonal pilings. MR. COSTELLO: Basically. And the float and the ramp will be coming out. TRUSTEE GHOSIO: If you have any comments, please come up. MR. COSTELLO:The original intention at one time, and they are right, they wanted to accommodate a float with a couple of fingers so they could accommodate four small boats. That's no longer the issue. What they are going to do is probably visit the site, tie up there, probably, I'm sure, there'll be some boats that will be larger come there, on a daily basis, high tide. It does not intrude on the channel. The channel is offshore of the structure. But I don't believe there will be a lot of boating out of there except on a daily basis. TRUSTEE GHOSIO: I think one of the positive things here is we are only putting up one dock for essbntially two different Board of Trustees 54 May 18, 2011 owners, you know, which is a nice thing. Rather than having more than one dock. There are not a whole lot of docks in this area to begin with. TRUSTEE KING: The only question I have is on this eight-inch tie off piles that extend out quite a bit further than the dock. They are 20-feet seaward of the float. TRUSTEE GHOSIO: If we go out straight— MR. COSTELLO:That would probably be moot if you go out straight. TRUSTEE KING:What do you mean? TRUSTEE DOHERTY:We would eliminate them. MR. COSTELLO: I think probably. it would be a possibility, but you would not even want to put them In a ten-foot dock straight --I think they could probably, if you put the dock straight out, they could be eliminated with some tie slides or something to hold the boat. Bumpers. TRUSTEE KING: I would prefer to see something like that. MR. COSTELLO: It would accomplish the same thing. TRUSTEE GHOSIO:Any other comments from the audience? MS. HULSE: I guess we don't have to worry about the one-third rule, from what John has mentioned, I guess at in point. TRUSTEE KING: No, scaling it off, it looks okay. As near as I could scale it. TRUSTEE DOHERTY.John's plan shows the whole width of the creek. TRUSTEE GHOSIO.Any further comments from the Board? (No response). I'll make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE DOHERTY:All in favor? (ALL AYES). TRUSTEE GHOSIO. I'll make a motion to approve the application with the following changes: That we stipulate that once the permit is issued, there will be no further expansion. That we are making approval subject to approval by the Planning Board. That the eight-inch mooring piles will not be installed. That we are straightening out the, well straighten the total dock, the dock, so there Is no"T"at the end, pulling back the catwalk so that the distance is 90 feet total. And that this is subject to receiving new plans depicting those stipulations. In doing this we find that this is consistent with the LWRP. Do I have a second? TRUSTEE BREDEMEYER: Second. TRUSTEE DOHERTY.Any further discussion? (No response). TRUSTEE DOHERTY.All in favor? (ALL AYES). MS. STANDISH: Do I need to put that in the motion? The question is whether or not part of that motion really needed to have a condition that we have approval by all interested parties. But I think that goes without saying. TRUSTEE DOHERTY: Once we get the Planning Board approvals. TRUSTEE BREDEMEYER: It's implicit in the Planning Board being approved, isn't it? TRUSTEE GHOSIO:There is part about the code as well. But Board of Trustees 55 May 18, 2011 that's my feeling, too. If irs approval by the Planning Board, then it's the same thing. TRUSTEE DOHERTY. I agree with Bob. We can wait until Lori gets back to answer that question, but the motion was carried. TRUSTEE GHOSIO: We can probably do it as a separate resolution. TRUSTEE BERGEN:We can wait for her to get back. If we need to rescind the motion, we can do that. TRUSTEE GHOSIO:Why don't we move on. I'll wait for Lori to get back and figure out how she wants to do it. TRUSTEE BERGEN: For the people waiting, do you understand what just happened? Well move on but we'll wait for the attorney to get back then ask her a question regarding the Planning Board issue. So just sit tight, we'll get back to this one again. TRUSTEE DOHERTY.All right number 13, Costello Marine Contracting Corp., on behalf of FOUR-S-PROPERTIES, LLC requests a Wetland Permit to remove existing 30°X60'fixed dock, 29.5'X12'seasonal ramp, 6'X50'and 6'X20'seasonal floats, three 1.5"diameter anchor pipes; construct in-place new 4'X95' fixed dock with a 32"X12' seasonal aluminum ramp onto two 6'X20' seasonal floats secured by three 8"diameter pilings.' Located: 3490 Vanston Rd., Cutchogue. This is consistent with LWRP. The CAC supports the application with the condition the dock is shortened and the float is positioned in a "t"configuration. Our comments were to reduce to one float, not two floats, as the code says. And to have it go straight out like the neighboring docks. Is there anyone here to speak on this application? MR. COSTELLO: Yes, my name, again, is still John A. Costello and we are the agents for this application. Well,you see what was submitted. That is our preference. All the floating docks that exist there now are in reasonably good condition. The pier going out is really suspect and dangerous. TRUSTEE GHOSIO: I walked on it. MR. COSTELLO:You're the one that broke it. You must have been the guy. There is one area that is broken now. As you could see in the photo there. But those floats are, all of them are in reasonably good condition. They are certainly usable, and I made the suggestion that the Town Code allows the 6x20'float and, if you removed one section,which is 30 feet of it of the float, and when you have to rebuild that float, you certainly are going to have to take it to a single 6x20. And, I don't know, anybody want to buy a float?There is one section that is 6x20 at the end now, and a 6x50'float. By reducing both of them, we would have to just extend the finger pier out to get the depth of water necessary for the end of the dodo. TRUSTEE DOHERTY:Any comments from the Board? MR. COSTELLO: If the Board wished— TRUSTEE DOHERTY.We measured 125 that is proposed—okay. TRUSTEE GHOSIO: While we have a break here, and Jim is looking at this, for those hanging around because we were thinking about reopening. we don't have to. The issue of getting signatures from all and approval from all interested parties was discussed in the hearing and we do not have to reopen, so if you were looking to leave, by all means, you may. LAW OFFICES PETER S. DANOWSKI, 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX(631) 727-7451 JOHN P.TAGGART,,ESQ. E-Mail:pdanowski0danowskilaw com itaggartOdanowskilaw.com September 3,2014 Planning Board Southold Town P.O. Box 1179 Southold,NY 11971 Board of Trustees Southold Town P.O. Box 1179 Southold,NY 11971 Planning Department Southold Town P.O.Box 1179 Southold,NY 11971 Re: Proposed Lot Line Modification of Brantuk and Pearson SCTM No.1000-86-03-31 and 75-06-7.2 Dear Sir or Madam: I represent the interest of Joseph and Patricia Brantuk who began seeking permission to construct a dock to be shared in common with others pursuant to deeded rights consistent with a subdivision approval granted to Mohring Enterprises,Inc. The Board of Trustees held in abeyance the approval of said permit based upon an objection from one of the lot owners,Dr.Nancy Pearson. Thereafter,discussions were held with all lot owners and agreements'were entered into. Those agreements resulted in an application to alter the boundary line of two properties in question pursuant to a plan agreed to by all parties. The'Planning Board as a condition of an alteration of boundary line approval have.asked Dr.Nancy Pearson,the owner of lot 1,to sign a covenant prohibiting any future dock construction on the lot she owns whose boundary will be altered. Dr.Pearson has apparently refused to attend meetings of the Planning Board nor sign the suggested declaration or agreement proposed by the Planning Board. I would ask both Boards to now revisit all issues. I would request that each of the Boards or a representative from each Board arrange for an "onsite"meeting and advise my clients so that they can be in attendance. I will notify all neighboring property owners as to the date and time of such meeting if it is held. Very truly yours, Peter S.Danowski,Jr. PSD:mmc cc: Mr.and Mrs.Joseph Brantuk Timothy Coffey , Michael, Kimak,Esq. Rudy Bruer,Esq. Mr.&Mrs.Freedner William Price,Esq. Dr.Nancy Pearson 04 Southold Town Trustees Office P.O. Box 1179 Southold,New York 11971. . - To 1971 .To Whom It May Concern:. I, Dr. Nancy Pearson, do hereby corisent'to the filing of a dock application by Joseph Brantuk and Patricia Brantuk, with the understanding that the application calls for. a 40 foot revised prperty .line width'at:the water's edge. , I specifically restrict my.'consent to this application to the consideration of the application insofar as the location of a dock within the forty (40) feet as depicted in the application. I specifically, do•not consent to a permit beingissued'ssued until such time as I have conveyed title to the,property-tp•Mr: Brantuk and others, all in accordance with the lot line change application to be•suhmitted to the Southold Towo.Planning Board. Upon that occurrence I will transfer all of my right, title and interest in this application to the new owners of fhe property and they can proceed with their application for--'the - construction of a particular dock.,* I have been provided with a copy Qf"a Young & Young plan, which I understand has now been submitted to the Trustees folr consideration. I attach a copy of the May 28, 201,0 letter.of Peter S. Danowski, Esq. to the. Southold Town Trustees Office: DR.NANCY PEARSON . STATE OF NEW YORK) : ss.: " COUNTY OF SUFFOLK) On the 13th day of•September, in.the year 2010, before.me, the undersigned,'. . personally appeared Dr. Nancy Pearson, personally known to be or proved to me on the', basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in •' his/her/their capacity(ies), and that by his/her/their signafure(s) on the instrument, the individual(s),*or the.person-upon behalf of which the individual(s) acted, executed the instrurnent. • Notary Public ; WILLIAM H. PRICE,JR. Notary Public,State of New York ~si f No.4644944,Suffolk Count Term Expires February 28, 2W. i March 9,2010 1,Nancy C. Pearson,hereby authorize the law office of Peter•S. Danowski,Jr., Esq. to act as my agent on the property of SCTM#1000-86 - 06-31,'and handle all necessary work involved in the lot line modification process with the Southold Planning Board. NANCY C. PEARSON Sworn be bef'ora me this day of Mareh,201b N a u • • WILLIAM H. PRICE,JR. Notary Public, State of New York No. 464.4944, Suffolk County `term Expires February 28. 20 ' MAILING ADDRESS: PLANNING BOARD MEMBERS �oF so P.O.Box 1179 DONALD J.WILCENSKI 0� y�l Southold,NY 11971 Chair OFFICE LOCATION: wn,LIAM J.CRF24ERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES MARTIN ICH III (cor.Main Rd. &Youngs Ave.) �'QU��� Southold, NY Telephone: 631 765-1938 www.southoldtownnygov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2014 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the right-of-way off Main Road in Peconic SCTM#1000-86-03-31 & 75-06-7.2 Zoning District: AC Dear Mr. Danowski: In response to your letter dated September 3, 2014, the Planning Board has revisited the application referenced above. After careful consideration, the Board remains committed-to the intent of the original subdivision, which provided for a single access to Richmond Creek. This is a justifiable limit, given that only one lot from the original subdivision is located on the waterfront. Non-waterfront lots are not generally given their own separate access to the water. This lot line modification proposes to create a second access to the water exclusively for the use of non-waterfront lots, and is contrary to the original intent of the 1985 Mohring Enterprises subdivision. To remain consistent with the original intent, the Planning Board will not allow the Lot Line Modification to proceed without a deed restriction or covenant preventing any future dock on Lot 1(SCTM#1000-86-3-31). If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Nancy Pearson LAW OFFICES PETER ' S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 Cv�tJ (631) 727-4900 FAX(631) 727-7451 � E-Mail: pdanowski@danowskilaw.com LC U JOHN R TAGGART,ESQ. jtaggart@danowskilaw.com - � MAY � 92017 - � Southold Town May 12, 2017 _ _ Planning Board — Dr.Nancy C.Pearson 3258 South Harbor Road Southold,NY 11971 Re: Deer Fence—Right of Way Dear Dr. Pearson: This letter is forwarded to put you on formal notice to immediately remove the fence you have erected interfering with the other lot owners right-of-way to Richmond Creek. Had you cooperated with the Southold Town Planning Board and agreed not to install a separate dock on your property,the alteration of boundary line would have been approved by the Town's Planning Board. After transfer of properties consistent with our agreement you had executed you could have applied for and sought permission to erect the fence consistent with the altered boundary. Since you have not agreed with a Planning Board requirement, the 50-foot right of way with over 100 feet of access along Richmond Creek remains for the benefit of the other lot owners. Very truly yours, PETER S. DAN SKI, PSD:mmc Encl. cc/William Price,Esq. Michael Kimack, Esq. Joseph& Patricia Brantuk William Duffy, Esq. (w/map) Southold Town Trustees (w/map) Southold Planning Board (w/map) RLlkcT 116 John M.Bredemeyer III,President ��0� S�Uryo Town Hall Annex I Michael J.Domino,Vice-President ,`O l® 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee G Charles J.Sanders,Trustee �Q ® Telephone(631) 765-1892 � NTI,�c� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES D E C EJ v E TOWN OF SOUTHOLD OCT 14 2014 October 14, 2014 Southold Town Planning Boara Mr. Peter S. Danowski, Jr., Esq. 61 Roanoke Avenue Riverhead, NY 11901 RE: JOSEPH & PATRICIA BRANTUK 44632 MAIN ROAD, SOUTHOLD SCTM#: 75-6-7.2 Dear Mr. Danowski, Thank you for your letter of September 3, 2014; 1 apologize for the somewhat delayed response. Unfortunately, the prior application has expired and new applications and Short Environmental Assessment Form are now in use. Thusly, a new application is required for this project. The minutes from the Board of Trustees public hearing held on May 18, 2011 contain matters that should be addressed in the new application which are as follows: 1) Receipt of Planning Board approval 2) The plan showing a 40 foot wide property extension needs explanation 3) Although project appeared to meet the "less than 1/3 navigation rule," this will need to be confirmed and the dock must be no more than 90' in length 4) Notarized signatures of any owners with a proprietary interest in subject application 5) Dock should be perpendicular to shore with no large tie-off piles needed Please find attached, minutes from a Board of Trustee public hearing held May 18, 2011, concerning the subject property of your inquiry. Please contact this office if you have any questions. Very truly yours, �ohn M. Bredemeyer III President, Board of Trustees CC: Trustees CC: Lori Hulse CC: Planning Dept. CC: Planning Board Board of Trustees 50 May 18, 2011 windows. it can't be done. TRUSTEE BERGEN: What I was particularly concerned with is you already have DEC approval for this material location site. MR. COSTELLO: Yes, we do. And we have a reasonably good-size window on it, from January 15 to September. TRUSTEE BERGEN: Is there anybody else here who wants to speak for or against this application? (No response). Any other comments from the Board? (No response). What about the condition that the LWRP administrator recommended for silt boom? MR. COSTELLO: I have no problem whatsoever with it but, you know, the location of the silt boom is going to be a little difficult. But we can put it around the crane barge and container for a certain distance. You can't silt boom the whole creek. TRUSTEE BERGEN: I think what you are proposing there is a good idea. MR. COSTELLO: Certainly. TRUSTEE BERGEN: Any other comments from the Board? (No response). If not, I'll make a motion to close the public hearing. TRUSTEE KING: Second. TRUSTEE GHOSIO: All in favor? (ALL AYES). TRUSTEE BERGEN: I'll make a motion to approve the application of Costello Marine on behalf of Gardiner's Bay Homeowners Association as described in dredge area number two, Spring Pond, East Marion. This was found consistent under the LWRP with the only condition that a silt boom will be used around the immediate dredge barge area as it's pressing through this project. TRUSTEE KING: Second. TRUSTEE GHOSIO: Any further discussion? MS. STANDISH: Is that a ten-year maintenance permit? TRUSTEE BERGEN: Yes, it's a ten-year maintenance permit. TRUSTEE GHOSIO: All in favor? (Trustee Ghosio, aye. Trustee King, aye. Trustee Bergen, aye. Trustee Bredemeyer, aye)(Trustee Doherty, abstains). TRUSTEE GHOSIO: Number 12,Costello Marine Contracting Corp., on behalf of JOSEPH BRANTUK requests a Wetland Permit to construct a 4'X20' ramp onto a 4'X57'open-grate decked catwalk to a 4'X69' open-grate decked fixed dock with a 32"X12' seasonal aluminum -- I'm assuming ramp--onto a 6'X20' seasonal float secured by two 2.5" diameter galvanized steel pipes; and install three 8" diameter mooring piles. Located: 44632 Main Rd., Southold. The whole Board was there, as I recall. The note we had from our field inspection was to make the float go straight out, shortening the catwalk. We wanted to make it subject to Planning Board approval. And no further expansion. The CAC resolved to not support the application because the proposed dock exceeds one-third across the width of the creek and extends beyond the existing pier line. And it has been found inconsistent by LWRP. Also requesting that please have Board of Trustees 51 May 18, 2011 applicant clarify the notation on the plan proposed 40-foot wide property expansion. Please verify the property owner has provided written consent on all parties having interest in the right-of-way. And proposed vessel dimensions should be identified. That's basically it. Is there anybody here who would like to address this application? MR. COSTELLO: Again, my name is John A. Costello and we are the agents for Mr. Brantuk for this application on the dock. If you ask me the individual questions, I'll try answer them one at a time. TRUSTEE GHOSIO: Let's get this out of the way. What's the size of the vessel planning on going there, if there is any planned vessel? MR. COSTELLO: Right now I know Mr. Brantuk has a 23-foot boat. That's the only one I know. And Tim Coffey is one of the owners in the association, and he is not going to bring his main boat up there. And what other vessel he would bring up there, probably would only be, I don't know, projecting, would be a Boston Whaler. The depth of water there is certainly minimal at low tide. It's very comfortable at high tide. TRUSTEE GHOSIO: How about making it a straight dock rather than having a "T"at the end? MR. COSTELLO- I don't think that's a problem. Just as long as the overall length gets us to the same water depth. TRUSTEE BERGEN: Then the width of the boat makes no difference also. TRUSTEE GHOSIO: Right. I think that's what we had discussed in the field. Then you could utilize both sides of the float. So, if we were to do that, what's the total distance then? TRUSTEE DOHERTY: Jim is trying to figure it out. TRUSTEE KING: Looks like the creek is about 275 feet wide at this point. TRUSTEE GHOSIO: Here is where we are talking about. Right around here somewhere, I suppose. I think that picture I took was from somewhere-- MR. COSTELLO: It's back somewhere in that little notch. TRUSTEE GHOSIO: Yes, right in here. Because here is the end of the driveway. And there was a fence, and this area had been cleared. TRUSTEE DOHERTY: So that meets the one-third rule. TRUSTEE GHOSIO: l think it does, too. MR. COSTELLO: There is an indent on the other side. With that indent and across, it doesn't qualify. I think it's within the one-third distance, only because of the shape of the land. Not because of the overall waterway. TRUSTEE GHOSIO: If it was here, it may not make it. MR. COSTELLO: It would not make it there. But in that notch, the angle of it, heads over there, where the white line ends. MS. PEARSON: My name is Nancy Pearson, I'm the owner of the property. Mr. Brantuk is making his application pending our agreement to divide a right-of-way. So at this point he really doesn't have the jurisdiction to be able to do that. I just want to point out you are not talking about the right place. Board of Trustees 52 May 18, 2011 This is where we are talking about, it's right here (indicating). TRUSTEE GHOSIO: All right, that's where I originally thought. TRUSTEE DOHERTY: Thank you. TRUSTEE GHOSIO: Do you concur with that, John? MR. COSTELLO: Yes. 1 think that boat is there. MR. PEARSON: I also want to say, we don't want an approval for this application at this point. What we want is some information from the Board about what is the minimum that we can have, that they can have to have their dock, the minimum property required or setback or lines on either side. TRUSTEE DOHERTY:We have given that information over and over, but you wanted something in--we understood it, all parties wanted something in writing and something definite, and we can't give something definite unless we go through the approval process. If we approve this, we are planning on making it subject to Planning Board approval. In other words, the permit will not be given out unless the Planning Board approves their lot line changes or whatever you are doing with them. So this is not going to be effective unless the property lines are changed. MS. PEARSON: Very good. That's fine. TRUSTEE DOHERTY: i wanted to make that clear. MS. PEARSON: Thank you. TRUSTEE KING: Near as I could figure it, it's 90 feet from low water to the end, seaward end of the float. TRUSTEE GHOSIO: So total length is 90 feet. TRUSTEE KING: From low water. And I measured low water to low water, looks like 275 feet. It's hard to scale off because it's such a tight scale here. I would say it's right on the line as far as one-third goes. TRUSTEE GHOSIO: So the total distance is fine, you know, once we make it straight, he'll just have to pull the catwalk back to make the 90 feet. TRUSTEE KING: Yes. TRUSTEE GHOSIO: Yes, ma'am. MR. CONDON: My name is Joan Condon, I live on Richmond Creek. And I think it comes out too far into the creek. Because that channel is narrow, and it will take up half the creek, I think. TRUSTEE GHOSIO: It's 90 feet. What's the total distance across? TRUSTEE DOHERTY: 275. TRUSTEE KING: Looks like 275. MS. CONDON: The only deep part is in the very center. TRUSTEE DOHERTY: So the channel you are saying is in the center. TRUSTEE KING: It's marked mid channel is in the center. MS. CONDON: It was never dredged all the way, so it is shallow. TRUSTEE KING: According to the survey mid channel is right about in the middle of the creek. TRUSTEE BERGEN:What we are saying is that's what the survey shows also, the channel is in the middle of the creek,just like you are saying. MS. CONDON: But it's owned by four different people and if they all put boats out there, and that was, he implied a couple years ago, for this, and he talked like a marina, and all these people Board of Trustees _ 53 May 18, 2011 would have their boats. They are not doing that now, but there are still four owners and they have a right-of-way to that spot. TRUSTEE DOHERTY: Correct, that's what they are planning, on having a right-of-way to that spot. But we will not be, it's still zoned residential, we won't be approving more than the code allows. TRUSTEE KING: So we would allow one 6x20 float, and we would stipulate that there be no further expansion of this facility. They are restricted to one, 6x20 float. In that instance, you could put a boat on either side of it. MS. CONDON: You are saying you would only allow two boats there. TRUSTEE KING: By code you could have, I think, two of your own boats and two or three of somebody else's. TRUSTEE DOHERTY:Two boats other than your own and -- TRUSTEE KING: But they would not have room for large boats. They would have to have a couple of small boats. MS. CONDON: The water depth is not very great. Most of the time they'll be sitting on the bottom anyway. TRUSTEE DOHERTY: So the only way there will be more than two boats if they were very small, a couple of dinghies, whatever, like that; they would not be very big boats because there is only one 6x20 float that the code allows. MS. CONDON: You could guarantee that? TRUSTEE BREDEMEYER: It's a requirement of the permit that they can't have more than a 6x20 float. MS. HULSE: And the file doesn't have the written consent of those owners yet. TRUSTEE DOHERTY: Right. And it would be subject to the written consent of the, subject to the approval of the Planning Board. If this property is not subdivided or lot line change, I'm not sure exactly what they are applying for, if that's not approved, then they don't get this permit. MS. CONDON: Thank you. TRUSTEE GHOSIO: One question did come up, John, was why two-and-half inch diameter galvanized steel poles? MR. COSTELLO: Because they probably will be removed because of the ice conditions. And they are easier to get back in and maintain it on an immediate basis, since you are only handling one small. TRUSTEE DOHERTY: So seasonal pilings. MR. COSTELLO: Basically. And the float and the ramp will be coming out. TRUSTEE GHOSIO: If you have any comments, please come up. MR. COSTELLO: The original intention at one time, and they are right, they wanted to accommodate a float with a couple of fingers so they could accommodate four small boats. That's no longer the issue. What they are going to do is probably visit the site, tie up there, probably, I'm sure, there'll be some boats that will be larger come there, on a daily basis, high tide. It does not intrude on the channel. The channel is offshore of the structure. But I don't believe there will be a lot of boating out of there except on a daily basis. TRUSTEE GHOSIO: I think one of the positive things here is we are only putting up one dock for essentially two different Board of Trustees 54 May 18, 2011 owners, you know, which is a nice thing. Rather than having more than one dock. There are not a whole lot of docks in this area to begin with. TRUSTEE KING: The only question I have is on this eight-inch tie off piles that extend out quite a bit further than the dock. They are 20-feet seaward of the float. TRUSTEE GHOSIO: If we go out straight-- MR. COSTELLO: That would probably be moot if you go out straight. TRUSTEE KING:What do you mean? TRUSTEE DOHERTY:We would eliminate them_ MR. COSTELLO: I think probably, it would be a possibility, but you would not even want to put them in a ten-foot dock straight -- I think they could probably, if you put the dock straight out, they could be eliminated with some tie slides or something to hold the boat. Bumpers. TRUSTEE KING: I would prefer to see something like that. MR. COSTELLO: It would accomplish the same thing. TRUSTEE GHOSIO: Any other comments from the audience? MS. HULSE: I guess we don't have to worry about the one-third rule, from what John has mentioned, l guess at in point. TRUSTEE KING: No, scaling it off, it looks okay. As near as I could scale it. TRUSTEE DOHERTY: John's plan shows the whole width of the creek. TRUSTEE GHOSIO: Any further comments from the Board? (No response). I'll make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE DOHERTY: All in favor? (ALL AYES). TRUSTEE GHOSIO: I'll make a motion to approve the application with the following changes: That we stipulate that once the permit is issued, there will be no further expansion. That we are making approval subject to approval by the Planning Board. That the eight-inch mooring piles will not be installed. That we are straightening out the, we'll straighten the total dock, the dock, so there is no "T"at the end, pulling back the catwalk so that the distance is 90 feet total. And that this is subject to receiving new plans depicting those stipulations. In doing this we find that this is consistent with the LWRP. Do I have a second? TRUSTEE BREDEMEYER: Second. TRUSTEE DOHERTY: Any further discussion? (No response). TRUSTEE DOHERTY: All in favor? (ALL AYES). MS. STANDISH: Do I need to put that in the motion? The question is whether or not part of that motion really needed to have a condition that we have approval by all interested parties. But I think that goes without saying. TRUSTEE DOHERTY: Once we get the Planning Board approvals. TRUSTEE BREDEMEYER. It's implicit in the Planning Board being approved, isn't it? TRUSTEE GHOSIO: There is part about the code as well. But Board of Trustees 55 May 18, 2011 that's my feeling, too. If it's approval by the Planning Board, then it's the same thing. TRUSTEE DOHERTY: I agree with Bob. We can wait until Lori gets back to answer that question, but the motion was carried. TRUSTEE GHOSIO:We can probably do it as a separate resolution. TRUSTEE BERGEN:We can wait for her to get back. If we need to rescind the motion, we can do that. TRUSTEE GHOSIO:Why don't we move on. I'll wait for Lori to get back and figure out how she wants to do it. TRUSTEE BERGEN: For the people waiting, do you understand what just happened? We'll move on but we'll wait for the attorney to get back then ask her a question regarding the Planning Board issue. So just sit tight, we'll get back to this one again. TRUSTEE DOHERTY: All right number 13, Costello Marine Contracting Corp., on behalf of FbUR-S-PROPERTIES, LLC requests a Wetland Permit to remove existing 30"X60'fixed dock, 29.5'X12' seasonal ramp, 6'X50' and 6'X20' seasonal floats, three 1.5" diameter anchor pipes; construct in-place new 4'X95' fixed dock with a 32"X12' seasonal aluminum ramp onto two 6'X20' seasonal floats secured by three 8"diameter pilings. Located: 3490 Vanston Rd., Cutchogue. This is consistent with LWRP. The CAC supports the application with the condition the dock is shortened and the float is positioned in a 'T' configuration. Our comments were to reduce to one float, not two floats, as the code says. And to have it go straight out like the neighboring docks. Is there anyone here to speak on this application? MR. COSTELLO: Yes, my name, again, is still John A. Costello and we are the agents for this application. Well, you see what was submitted. That is our preference. All the floating docks that exist there now are in reasonably good condition. The pier going out is really suspect and dangerous. TRUSTEE GHOSIO: I walked on it. MR. COSTELLO: You're the one that broke it. You must have been the guy. There is one area that is broken now. As you could see in the photo there. But those floats are, all of them are in reasonably good condition. They are certainly usable, and I made the suggestion that the Town Code allows the 6x20'float and, if you removed one section, which is 30 feet of it, of the float, and when you have to rebuild that float, you certainly are going to have to take it to a single 6x20. And, I don't know, anybody want to buy a float?There is one section that is 6x20 at the end now, and a 6x50'float. By reducing both of them,we would have to just extend the finger pier out to get the depth of water necessary for the end of the dock. TRUSTEE DOHERTY: Any comments from the Board? MR. COSTELLO: If the Board wished -- TRUSTEE DOHERTY: We measured 125 that is proposed --okay. TRUSTEE GHOSIO: While we have a break here, and Jim is looking at this, for those hanging around because we were thinking about reopening, we don't have to. The issue of getting signatures from all and approval from all interested parties was discussed in the hearing and we do not have to reopen, so if you were looking to leave, by all means, you may. J MAILING ADDRESS: PLANNING BOARD MEMBERS OF SUT P.O.Box 1179 DONALD J.WILCENSKI OVV`v �Ql Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �0 �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCOUnm�� Southold,NY IY 11 Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2014 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the right-of-way off Main Road in Peconic SCTM#1000-86-03-31 & 75-06-7.2 Zoning District: AC Dear Mr. Danowski: In response to your letter dated September 3, 2014, the Planning Board has revisited the application referenced above. After careful consideration, the Board remains committed to the intent of the original subdivision, which provided for a single access to Richmond Creek. This is a justifiable limit, given that only one lot from the original subdivision is located on the waterfront. Non-waterfront lots are not generally given their own separate access to the water. This lot line modification proposes to create a second access to the water exclusively for the use of non-waterfront lots, and is contrary to the original intent of the 1985 Mohring Enterprises subdivision. To remain consistent with the original intent, the Planning Board will not allow the Lot Line Modification to proceed without a deed restriction or covenant preventing any future dock on Lot 1(SCTM#1 000-86-3-31). If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Nancy Pearson LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 t (631) 727-4900 D FAX(631) 727-7451 D E-Mail: pdanowski@danowskilaw.com LSE5 2014 JOHN P.TAGGART,ESQ. jtaggart@danowskilaw.com Southold Tovvn `—� Planning Board September 3,2014 Planning Board So:►thold T o3Y it P.O. Box 1179 Southold,NY 11971 Board of Trustees Southold Town P.O.Box 1179 Sputhold,NY 11971 Planning-Department - Southold Town P.O. Box 1179 Southold,NY 11971 Re: Proposed Lot Line Modification of Brantuk and Pearson SCTM No. 1000-86-03-31 and 75-06-7.2 Dear Sir or Madam: I represent the interest of Joseph and Patricia Brantuk who began seeking permission to construct a dock to be shared in common with others pursuant to deeded rights consistent with a subdivision approval granted to Mohring Enterprises,Inc. The Board of Trustees held in abeyance the approval of said permit based upon an objection from one of the lot owners,Dr. Nancy Pearson. Thereafter,discussions were held with all lot owners and agreements were entered into. Those agreements resulted in an application to alter the boundary line of two properties in question pursuant to a plan agreed to by all parties. The Planning Board as a condition of an alteration of boundary line approval have.asked Dr.Nancy Pearson,the owner of lot 1,to sign a covenant prohibiting any future dock construction on the lot she owns whose boundary will be altered.-Dr. Pearson has apparently refused to attend meetings of the Planning Board nor sign the suggested declaration or agreement proposed by the Planning Board. I would ask both Boards to now revisit all issues. I would request that each of the Boards or a representative from each Board arrange for an "onsite" meeting and advise my clients so that they can be in attendance. I will notify all neighboring property owners as to the date and time of such meeting if it is held. Very truly yours, 4e,- Peter S.Danowski,Jr. PSD:mmc cc: Mr. and Mrs.Joseph Brantuk Timothy Coffey Michael, Kimak, Esq. Rudy Esq. Mr. &Mrs. Freedner William Price, Esq. Dr. Nancy Pearson WILLIAM H. PRICE, JR. ATTORNEY AT LAW P.O.BOX 149 GREENPORT,NEW YORK 11944 TELEPHONE NUMBER: (631)477-1016 FAX. (631)477-0130 January 2, 2014 Peter S. Danowski, Jr., Esq. I��� 616 Roanoke Avenue JAN e 6 2014 Riverhead New York 11901 �ru?;�ulc!TatNn Pianrnng Goard Re: Pearson w/Brantuk Dear Mr. Danowski: I am involved in this matter to represent Dr. Pearson in the initial agreement so that your clients can have the dock that they wanted and Dr. Pearson will end up with a smaller right-of-way encumbering her property. I know nothing about any deer fence. Let me reiterate the facts concerning Dr. Pearson's title. Dr. Pearson bought the property from Arlene Feile in 1995. Ms. Feile had purchased the property on October 26, 1984. The only Covenants and Restrictions that existed at that time were those dated January 7, 1985. In August 1985,Mohring Enterprises(the developer)conveyed to John Scopaz and Linda Scopaz,the parents of Valerie Scopaz. In that deed,magically appeared the right to build a dock. Dr. Pearson and her predecessor in title had no confirmed notice whatsoever of this right and Mohring had no right to convey something that he did not have. These facts can be confirmed with Rudolph Bruer, who was the attorney for Arlene Feile in 1995. This can also be confirmed by getting a title search of Dr.Pearson's property. Again, she had no confirmed notice of anyone's right to build a dock upon her property. If you would like to discuss this matter, please do not hesitate to contact me. Very truly yours, WILLIAM H. PRICE, JR. WHP/ejf cc: Rudolph Bruer, Esq. Michael Kimak, Esq. Southold Town Planning Board Office Location: 828 Front Street, Greenport,New York 11944 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-Mail: pdanowski@danowskilaw.com JOHN R TAGGART,ESQ. jtaggart@danowskilaw.com December 27, 2013 William H. Price,Jr., Esq. P.O. Box 149 DEC 3 ®2013 Greenport, NY 11944 Dr. Nancy Pearson PIi='rury J :rd 3258 South Harbor Road Southold, NY 11971 Re: Dock Application-Agreement Between Nancy C:Pearson and Joseph G and Patricia A. Brantuk. etc. Dear Ms. Pearson&Mr. Price: As you know, Dr. Pearson was advised after speaking to Planning Staff that she was afforded the opportunity to appear before the Town's Planning Board to discuss the covenant and restriction being required by the Board. Dr.Pearson chose not to appear before the Planning Board. As a result,a condition of the alteration of boundary line approval resolution mandates her execution of the proposed covenant and restriction. 1 am sure the Doctor appreciates the environmental concerns with regard to both access to the water and the construction of another dock. This rationale can be gathered by the early covenant language that allowed for four lot owners to share in the access and construction of one dock per _ --— ----------conditions set forth in the Planning tiof Board resoluon approval and the deed language that followed. During all discussions with regard to the documentation that had been prepared to date, no mention was made of a desire to build a separate new dock facility on lot 1 of the minor subdivision. My client has taken no position with regard to any discussions that may have taken place with Planning Staff and'Dr. Pearson.,However, it is noted that without- Town approval or any of the clients'approval Dr. Pearson has erected a deer fence and placed vegetation in an area that interferes with the deeded right-of-way to lot owners 2, 3 and 4. If the completion of the alteration of boundary line map and the Trustee's dock permit application for the common dock is not to go forward,then I ask for the immediate removal of the fence and vegetation within the right-of-way area,which area is as described in the subdivision and deeds to lot owners 2, 3 and 4. Alternatively,you can agree to Planning Board's covenant language or immediately make an appearance before the Planning Board to gain their approval of any alternate language. Very truly yours, V,e4e f. s 0 4A�,� Peter S. Danowski,Jr. PSDzcEZED cc/Joseph &Patricia Brantuk Timothy Coffey Michael, Kimak, Esq. Rudy Bruer, Esq. Mr. &Mrs. Freedner Southold Town Planning Board MAILING ADDRESS: PLANNING�BOD J.ARD MEMBERS �ENSKI � �yQ So t hold,BoDONx 1179 11971 OF SOU Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY CA ,c 54375 State Route 25 JAMES H.RICH IIIG �QI�C `` (cor.Main h Southold, NY Ave.) MARTIN H.SIDOR ou 4UNTY, �v'' Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 2013 - Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the right-of-way off Main Road in Peconic SCTM#1000-86-03-31, and 75-06-7.2 Zoning District: AC Dear Mr. Danowski: Regarding the above-referenced application, the Planning Board has noted that this change will create a new waterfront parcel by extending a narrow flag from an otherwise non-waterfront parcel. The creation of an additional waterfront parcel in turn creates the potential for a second dock where the intent of the Board in approving the original Mohring Enterprises subdivision in 1985 was for all lots to share a single access to Richmond Creek. To remain consistent with the original intent, the Planning Board will not allow the lot line modification to proceed without a deed restriction or covenant preventing any future dock on Lot 1(SCTM#1 000-86-3-31). If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: , Nancy Pearson WORK_ SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 9, 2013 4.00 p.m. Southold Town Meeting Hall 4:00 p.m. Executive Session re: Legal Advice 4:30 p.m. Applications 5:30 p.m. Review Public Meeting,Agenda Applications: Project name: Stanton, Phil & JenniferSCTM#: 1000-64-1-29 Location: 845 Maple Avenue, Southold Description: This proposal is a Standard Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres, located in the R-40 Zoning District. Status: Pending Action: Review Preliminay Plat and referrals. Attachments: Staff Report Project name TTBrantuk& PearsonI SCTM#: 1000-75-6-7.2 & 86-6-31 Location: 44632 Route 26, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS r Route 25, Southold Description: This proposed Lot Line Modification transfers 0.27 acres from Lot 1 (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from,5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25,in Peconic. Status: Pending Action: Review potential Lot 1 dock covenant. Attachments: Staff Report Project name: Aries Estates/Tull SCTM#: 1000-22-3-2 Location: at the westerly terminus of a.private right-of-way which extends north _] from Kayleigh's Court in East Marion Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 , _ , Zoning District. Status: Conditional PreliminaryApproval Action: Review driveway request. ' Attachments: ; Staff Report _` `r '✓ fAT d 1 Sabatino, Alyxandra K. From: Nancy Conradi <nrcpearson@gmail.com> Emh LE 11 Y Sent: Thursday,August 15, 2013 12:26 PM - u � To: Sabatino,Alyxandra K. LU 1 6 2013 Subject: Re: Lot Line Change- Brantuk and Pearson Souiiiold Town Planning Board Aly, I'm sorry I hadn't gotten to you sooner I just returned from 2 months helping my daughter after delivery complications in Sweden. I have been advised and I agree that, although I have no plans to add a dock at this time, it is unfair to ask me to diminish the value of my property by that amount. I do not agree to the application of a covenant to my property and believe I have given the other parties enough in giving them my permission to seek permission to place a dock without payment to me. Nancy Pearson On Fri, Aug 9, 2013 at 2:14 PM, Sabatino, Alyxandra K. <alyxandra.sabatitiontown.southold.ny.us>wrote: Good Afternoon Nancy, This is a follow up email regarding the lot line change between your property SCTM# 1000-86-3-31 and Joseph Brantuk 1000-75-6-7.2. Please let me knoNv if you would be willing to consider allowing a covenant to be placed on your property to restrict the placement of any future docks. Please consider this request and Bret back to me as soon as possible. Ifyou have any questions, please feel free to contact me. Thanks so much, Aly Sabatino Alyxandra Sabatino Planner. Fown of Southold Phone: 631-765-1938 Email: Al�iidra.Sabatino�,�town.southold.ny.us From: Sabatino, Alyxandra K. Sent: Tuesday, June 25, 2013 6:01 PM To: 'nrcpearson@gmail.com' Subject: Lot Line Change- Brantuk and Pearson 1 ♦! ;�Y Jr y Good Afternoon Nancy, Regarding the lot line change between your property SCTM# 1000-86-3-31 and Joseph Brantuk 1000-75-6-7.2. The Planning Board is requesting that because this lot line change will allow the future possibility of 2 docks to Richmond Creek(the Brantuk property and yours)please consider allowing a covenant to be placed on your property to restrict the placement of any future docks. Please consider this request and if you have any questions please feel free to email or call. Thanks, Aly Sabatino Planner, Town of Southold Phone# 631-765-1938 2 Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Friday,August 09, 2013 2:14 PM To: nrcpearson@gmail.com Subject: Lot Line Change- Brantuk and Pearson Good Afternoon Nancy, This is a follow up email regarding the lot line change between your property SCTM# 1000-86-3-31 and Joseph Brantuk 1000-75-6-7.2. Please let me know if you would be willing to consider allowing a covenant to be placed on your property to restrict the placement of any future docks. Please consider this request and get back to me as soon as possible. If you have any questions, please feel free to contact me. Thanks so much, Aly Sabatino Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.nv.us From: Sabatino, Alyxandra K. Sent: Tuesday, June 25, 2013 6:01 PM To: 'nrcpearson@gmail.com' Subject: Lot Line Change- Brantuk and Pearson Good Afternoon Nancy, Regarding the lot line change between your property SCTM#1000-86-3-31 and Joseph Brantuk 1000-75-6-7.2.The Planning Board is requesting that because this lot line change will allow the future possibility of 2 docks to Richmond Creek(the Brantuk property and yours) please consider allowing a covenant to be placed on your property to restrict the placement of any future docks. Please consider this request and if you have any questions please feel free to email or call. Thanks, Aly Sabatino Planner,Town of Southold Phone#631-765-1938 i WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 1, 2013 4:00 p.m. Southold Town Meeting Hall 2:30 p.m. Executive Session -Annex Board Room - to discuss litigation & legal advice 4:00 p.m. Applications -Town Meeting Hall 5:30 p.m. Review Public Meeting Agenda Applications: Project name: Aries Estates/Tully ; SCTM#: 1000-22-3-2 Location: ' at the westerly terminus of a private right-of-way which extends north _ from Kayleigh's Courtin East Marion i Description: ; Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot ' 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 i totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminar ------ y Approval -- -- - - -- - -- --— - - _— — ---- -- ---- - -- i Action: Review submitted legal documents. Attachments: Staff Project Name:— T Colony Pond —__—_ _; SCTM#_; 1000-52-5-60.3 Location: on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold Description: This proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0_7 ac. in the R-80 Zoning District. ` Status: Conditional Preliminary Approval Action: Review Open Space Use Analysis. Attachments^_ _ Staff Report Project name__ Brantuk_& Pearson _ SCTM#:' 1000-75-6_7.2 & 86-6-31 -L iocation: 4463 2 Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS , Route 25, Southold - --- ---------- --- ------ ------------- -------- ------- -- - ----- ----- ---- ------- ------ - -- -- --- --- ---- Description: This proposed Lot Line Modification transfers 0.27 acres from Lot 1 (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 i decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status: Pending Action: Review submitted materials. Staff Report Attachments: AS LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631)727-4900 FAX(631)727-7451 E-mail: pdanowski@danowskilaw.com JOHN P.TAGGART,ESQ. jtaggart@danowskilaw.com June 13,2013 D �I Southold Town Planning Board P.O.Box 1179 juN 142013 Southold,NY 11971 _ Southold"Gown Attention: Aly Sabatino,Planner Planning Board Re: Proposed Lot Line Modification of Brantuk and Pearson SCTM No. 1000-86-03-31 and 75-06-7.2 Dear Ms. Sabatino: My client and I will try and be in attendance on July 1. Your form easement language,normally easily agreeable by a new client who has not yet been through a Planning Board process,appears redundant. Remember this was a previously approved minor subdivision. The original developer,Mohring Enterprises,Inc.,placed language on the deeds stating that lot owners 1,2 and 3 would each share 1/3 the cost of maintenance. This captures the Nancy Pearson,Brantuk and Freedner parcels. Tim Coffey's piece,which is a larger area and potentially had the right for re-subdivision was not included in the 1/3 maintenance. I believe Mr. Coffey has sold development rights off the parcel. In any case,since we have a difficult time circulating any new agreements around among 4 clients and an equal number of attorneys,it would be preferable if we don't have to add any further language and have documents re-executed. However,if it is absolutely necessary,we will add the agreed upon language to the deed documents. Obviously,if an attorney or client wants to add or subtract a word,then I may have to go back to Planning Department or Planning Board to seek reapproval. Very truly yours, PSD:mmc Peter S. Danowski,Jr.,Esq. cc: Mr. and Mrs.Joseph Brantuk f • .� ��7" � *, "�' ��?' . y, L cl DRi �i)4' 31 SLr`' r 1-i f,L., `r`�' f:,•?dt-`- k * a'•T^r�� 'i:' �T:)' "14, VC`•lq,�'{ 4i� ��Y��, `�'yL 16.1: i y,.��•r.j,'f• �t�t,� � '' ` .tS,r,k,��y t i G, ;' y` ' 1�}r, fi v�Y �a J rpwJtsa• tandard Y.9 T U.� r BU07 _ 5~ _ r,• •` 11A%.m and Sale Deed 5.tnr C'o5eiunl i w1,Gn :'rmt''lx"' n" :,r `=S• '� ' ST- t••I.Iru1 ta�k�n•� + } „5 CONSULT YOUR LAWYEIR BEFOP.E SIGNING THIS V RUMENTI.ST `',i �iY:r U: r �r ,•'f a. - ,4r�'L' >+' - 1 sr '-THIS INSTRUMEM 8E US D a S.rft'r 1 `{'�'7:IIr `" � - � :11l'���' .,4r;`�q• :�•F;SNOULO BY lA1YYS�.0 ITTILY a' - ''t'1, .I � S y I r IJ•,,. r � ��;�..":''t (rj?ink i°,a'I{-� - �•rAd�' 13$'�' '1?' ~ t' I .,.� G�A •• 9 , v^ ,l�•i�7;''r,�!�":CjutL :; I'•;j:�:i:Z.F': t; t C�lr, ",4- THIS INDENTURE, ntudc the YWjTi, .` q �::•• G d[ ,anuary ; ' •;;i�'�'tnLncluen hundred and ' -VV BETWEEN;.+� ,r "` ,? k1:`r,• .�• I tom:,.., -r '4;'>� �,• � f,s.`:+`:�-. - ' I`fOHRING6ENTEP,PRISES I,C. ` ,.jrr; ,3•.f-'; { I' a d0mestic'>•9c at`i p cipalz' It f b ins orpor on''having J ; - rin 'gyp c'e o us ss at';34 Glen: Cove�Av ri'' its ,1 ei Sep_Cliff NY,'a /� / i~'�•)y'•' '; �C''yP��',�"y f,- %i r>� ,.yS.Y.t i'J,•5, �'•,('�,-.it?'ri';��;`{ ':}, ,'` '� by, -_ / (�J -• ..r,, 'J ;tl ', _ i t:' - .41,, ,, 'r�t'�,r r,. .-, v, .;,. '•' f r`S� .� !• 3 P,g ,,,, rIr r'1`I;i,'i:, ;-l. I. [`•`�`•., ,?'•. - •1tir.Grls ��'p,('i '9,t _ 'r:�"LL 5r'• '��`,rr 25` _• •,,' ^ur,{,�'., ''-?�4;�yi.},n", _ r $ ,a 'J. Y4'!`k5n�I ,1� r:.:. 11`� , ,e ,' }Nr,.(• ,}•` 'r'.,•:�{:=.,: :r i.n � r 1 ' f� Y' :lir �'M I. f, .yyV•7.'rl� W'4-r t.J 7._ �' ,.I , I',l j' C � f �.�`+l';IjG ",I''�'';: �'I+'ti'�:, �. iY}=�' 6 F � u.� ' S,; - .,t•` 1II 5! at. ' Cti;' lti, u' niti >rJ^ ;V _ ,p, "i': •i,',r?1�J�' 1',ix ,',:'tr(^i„1' �rK ih t,a -t,` r}=M L'r,J, 'rv, 'r;:,,-1 .�p s � '+, Y party of the tint Iirt: a l ...1t •i. F„ v,• f4 i•' .�y.., ., ;,hkti i`=�'� ,; _��••` LENE't'�EIL t �� <•,}^ ,..}'_• „ �. t`residing at 595=�10, 1ia'in S a .. island + _1174 _, t" Poosev 1 ` ,��.,�. 4�7K'. , • r` ;tFK eve Js ands, NY v, �t(.y�T�,ti �S Z• v .r .,' r4, ,t14 ,1 i'.':�' r�_`' �7'( } ' # CG 4' D,' r.O / •' 7-' ',� � � ( > ..a 'Cl- `:t�`' t'� � ;``.'�{•' fi•��:. t.(; , ,5tt.��.,"�(JI!r_••',s�: , `�;� _' !•r t r Nf 41, IAC FIL GJ'1��E,I.:r�'• `C NJti Y r I" -,i 5; 'b- .• `i, i-5- L'-{r'•ffi•'r19' J i 4,• r v party of the xrnnd parte WITNESSETH, that the rt of the fent 1` r S•UFrDLK+' u P, y pan, in cons v {,: }coL ry Ten dollar's and -other ood, ablo, r, _ g find 4Va1u onsider \•� �} - , anon dolLtn, '•• Q � • 'ti C ;r, .-..r,,.�?;�,�!L`:I,%c : , `j:n a•'r�r't5Jiri2.4;:�1i1,r .�r+:?''�w'.,L.`,ei';',.- _>'.!?iIa vvful ny,ney if the lnicd states. rti"n+'rfi,°t�,'':„;•.�'..p'i,'• y .r_,,�,.,i,s ii,„:•,,.: _t i-ar , I. ,:'�:•�' '� �' the of I ' ?� [>anY n/l nn�dOCs _ � p ' hereby grant and release unto the pany_of the second Iran;the heirs or sticccs%on n.•. - •1�r1• �,t,Y,t:�J;f � �S,:ti}:�l?c'••`..Y .-;7: "'`;- w ';f :I j:jr, l,=` t:,;:' •r rev r ,r S°• arril 'v > i•.: 7i;1 i:,r :�;Ie.:3 `t. ::�rl we y_,I e t t ✓ } I assi s of'thc an icon s•. '' F !. +;r-F �.' ' .S=r+ u - P"�Y,of the d pan foreveri:6t;., :� j'? i- sr' '3':v°JtiT,ry,,��•r_ C -;7� r t.', ' r,. •#';_:�3r 1+,�. ,�:��,". is i',4,�!ry : ,i:•,.r'r., ", r.'• ,.x,�'_4 i-RSA ',�, +v'AL��th:t e i''w"f 5•. . L3FY7`>''.;'' " .-� 1 `r aN, � P S, {- �'a-°7'�i, t. •I I'c rtatn plot,0 or pnn el of land;wtlfi lh e "" 7 '- r t c buddin Nr" '. 5° w, l•_ry � n>5�[ `�1'` r,. r,. ,_ .. gs;nnd'LritprttivcmrntstherLonrrccttd.siluutc,?�}inter �,'j`}Zi., �^T?n ly;r,�r' , �. ;r�j>•� 3.3 :I,i r•- °ani)y�'•4 L F,j ',p7 ! ,c• �v, ry r��t+,�`��.' r.' 'pTk-., •. 4^ ,. .f h i uctnginrlI1 - `�;�,�,R.� r„ 7 rY' 1, ",1 `.x-��'' {k: '.4i`'ti-,Nti f �,,t •�i'ry, ,ru '1 .tyr.i'Z�.JF, r 1V ,�•,�'; o�GOo :? i+ -zli . -'n31.�•tr� x'«' ,r'esM1•'' } 110 I' i�" '- 'Y'' �Silr. �3�a'•` �`' `"'�('t''-`j"•t' .ivySr•; -q'ti~,:`: ^we +• ,�y �J`irr' ..` SY{j ;yZ"• f� �l'r•tl�a,.�- tb ' �`cz ry�r � • `•, ��1, S fi'',�Tr ry` 9pY{ '1'f- ��! ,r .�.u: `Fr 4 �' liS �•': ,. �� ti ,J p'wt ata'PeconiC To'l. ti: ae, r, #' � 1;;o'ft^'south6I:d a C. ,. r r• c, t.r �0 N9 YOT�C `3,Ci'OT ~ z w Sam Oilllt 02'iSuf 821dr S•t8 )(" �, ` W, r :4 y e;;particula`1 r,ti�u 1 d, .- a Y ngeci trancl-�d� esdri'be 'S ' •� 3: fo tlousr2' �rZ•Js�•-, ;- {•��td 71S,•ra f (� 'f ?,• {,yl'::rx,Krja=l„w�t ? 1'. ,S 1'8)� /- M'fi.�'i�^Ir.LS•,.lYxrC`,-,.jj r t�, .f �; + n�: �.=i°�'f .;1; '..;•.rjy,. ; •C- r' Y ,r' Li(-rr.,,.3Ve'l.�.c �'r~{ r, 'rt' (t.;4.,11,.•- � J r w:h'r''�•.'.-y. ��•' i t4,,+�2`'�:_r4� :y '!,;•,p i 1,`' -•'1 ' +a 1 �' O .,t• �m37,'� ••.:�1.3X.•'d4-i-Ytl, .�.tn•� N�,• �.•,4, �."�:.1i� �u f r.r r•e�••." - r,�ry 21 3 t �?•, ,;' n:•_ t' i yYie{ '+' Ci"C �•": .§ .ice ;?r., r rIr` y F:- BEGINNING etre;. r �. ~ -..r; ; �s: ? =• S a r on=;, hso t 4 ° t: f(NYS'irFouerJ' point' the AF ju horly;:side<xof? ' ri;, a. �, a. monuzent on''th ',17a Roe "� gt �r y 9..,; e�ncrthea-st.,` ' ��`IL. .Ay land„nOv�,or fora 1 'of,' ' ,cortier: of t' {: } of �f eg;Yf,'-Apo a�:S ankeuic;z� p nt=uobca znitin = r s ' �.^.,b'•, r,'r,Lr -,?� •�''k;c?=•�y�I ,�1� .�i� �,'I•u r L�--r�k.,ii w `?.r',�'•`�'a`�'' � �r�•--,t=i'2 rr'':.r-+ ail �,;.t"� 'a � �,y� ay rti.t Lr!-��r '�_ ^5` e':a.� r.r ;n•;S`>;,, i'� ',�'_ i�,,5.,,.. .• ,' }", 4: j' r'L., t- +'''!: "' ��:, f ,r,r:. �, -r,- •c., J'�, .tom., .r:�.'. 1 r5ar 'R Ino 'th''e4 Vthe`;f 'ei't�sr al t, f}';t•-_ ', �' i hence. of n `'e ��;f►' +(�'dist` off,{ lorii g-: ight:;(8),:•cour'sesr,.-ani /;:.rr '��i:_ anC09 ��`r.k,•i 1, C )_`S0Uth`!r, .3.°i�2"1-.'Z'J'�t IEas,t •'�. 1 t :'3 9a 92, feet 2) ,Sout}i A of 2'. 23 ' ,'feet 3) Sou-t n` 12°;Y7 n East, '27b.00; Gr. 5. •y47-' 28 East 1 Qj 'i- •`' ,4) ,JOU.tn;,,;14n° �10�- L8',' Eastr �5.5 •f�Ct::•�.'y��'�yc,�`,,,�,yr„: ,'a.,;- ,i `f .7 5.74-'00 5),,Soutiti:iili5�X25'; 28" ',Eaet;�r / ' 8C, ;'-;�'.{, :',•�:.�,•1��,'.: On 1.9 feet,' J ri- r' b) South,,,9, 0'' 28", East iv : .'; '21'-ti •10: e t': e• 7) 'South-•9°x'10 28" cast'r'221',, 'f e. - '_Ir 'r' _h;.;yls:•',. M` t , 8) south"_9,° '25,' 28"r East 33 .02'148-00 Poet; Beginning 3` feet ;to ,the,-,true,.point of Thence , ; r,'C-•�S xt' ; ;,:, =i, ,;•;. !,, �' 1 1 or a th,b3° 55 53 East`, 568:30, feet:,; The ,South 27° 01 ' n' ;r„- 47 ,'E ast,,,_2 ;3.34�feet. . r - � R f'. r •, _.•-..t' ..',t•,lr.mtl f. i_ ,r 'tY'ti •r: '_ . p ti �;,••,,�7 ° t.J_. Ta elce 4 SJ outh'60 31 ' 7est;gr9950;feet -to 'the high water line of„Richmond Cr'eek�t�,'•x• i6:i„ "• , , t � r' r r .=I�• !�u•; r(tl;;r• Thence North 14° 02P 57tt West,.alongr;the=, highn,water-`line of Richmond Greek, 228.93ft = . r , fee , :��;,�;;�'i�'2t;r - �'r^Cry •[ . , -t � ,gra Thence Korth ' 11" �, 7 59 , East, 362.67_ feet; Thence North 9° 25' 281, W st !or "1 ' } place of BEGINNING. c 45.08 feet toahe' point i" d9b a W 0-VVIN y. 1 1 WNr _R�ot M, < mv. _UM. , U WEIR A 'KA-4i aid bei Lot Yj Moh r!r-V- E6 n, Or_;Subd Plan Young, Ision LO: e ung, z:;,Y6urg pi fOV .4 head 14 Ydr k 1'984'--Prepared j,'y w! Togeth6r, with :r and su6j gt� -,V..L" right t 01- runninQ, 0 m 'fain Road Wdy, :)U" in' whic.h"'riach't, of way YS"Rc"te-25) to y .;.Rich_0'Onc do r, 115,more partic,11larly 6" .:,.,Cr-eck, -_9unded and c:r'i b a d --,J'n Schedule A attdcll-!d h4 , f e g r a., -reto 25 an Oute ;s',�O"Maln Road (NYS R _OZ_-ingr�ss and ri3tallatio* n Of underground :ut-Llitles d �,ichnond Cree), r'. be in� . .d- . n-nd Creel common with others. The rignt ' —3. right 'of W.- to shall. be for the exclusil of way to flichmond their c use of Lbt"s:" guests and i1vi toes.' 2, 3 and 4, "1 subdivided 0111 subdiv Y If Lq�� I,/. i s 'further D110 of th6 :Ducrlividcd the right of wa./ 10't's shall be flitren second to Richmond. ec�- ;,,, Cr, . the �party part shell pay One-t the rope I one-third;. 113) qnd a n nn of th'c I.- OQUThcr cost Of the 0 77 ar n or-'.'U Lot ii4 Is 01 Southold spe 0 n,:,, n or f 0* d R'road meeting Tov., constructed r a-. maj or ted aforesaid right of w over the subdivision road is which road rool ay intenance of 'Ot Cost of "ces '-110 161, ri��t we of §41 shall be _y in Part, then the reiaini�g Portion s:Rred only as to' the Of the 16' roadway. Th,,� u arty of tho first thopart resarves tho r 501 from the Of waY Is doscrit ig�- -to reduce northerl d ,(xt Scho(j a 251 right Y boundary of ule A as of , it runs Lot 113 to Rictinond Ore y'_- aY as described ir' schedula A�,,heret' ek to n! 3�4b'Jcctto, thetapproy�L attached t.h e., -.T -n -,,-rightg �qu�bojd% Ow *'Cedi-cato t 0 yr • a;�road,lw,i'th 0*.,#4' '5b i"f t h Un -L-ng, J Th w;jpr9c3Ases.4re,co )`Niki, -Fd', W .'v F I r 0 Yt�d% an su M -to.' s, r 1 c t I on s whi ch�I • - U shal,j`-r - F51.0,TUdwin .,I �: '61" , un.'W1-th,_th 9 cove*nantl`�: q�,il an di-,%f.dr, I ;Period- te, h hLla be -Orect�-ed-.'_u2f,, tnatrnoTt;�'i, -premi .- -1 11di t d'V* th qtrt • -si: Forlltji,6% n.e�-Plans? a In d S P 6c ff 1, 31;1 by4,, h* z! z;l:ir� `' .'. "'N ';',';not',b-67r6--- t--successor,:- 'and,:`as is IV 1 ".;_II�J�Oasonably withheld V a-6 d/- 4' - - or - t P7 i�v ded,.,t jCS h a I I _t"res-shall"b natw t h,6,�gq �qn tj not; :)nal di- d d's if evel-T n z:� ...... a coto ti h -tc..) �tb"Oi P a-L*.L'--,havei�-,-�:I-ivable:-fiiii�,-,f,,("---',T�",�,Li-cL�'nou-se,;5:1,tlilit-,,r4 t,'-' 'k, • 6b'x i4rea o T_ %• n,�the-,case - f b "200 Ubldi- p 'a-twol:gt n or': I n 90�1 4't h di P -1.6 11.1,-111 -- -_ ses 5�y, , c-.z;on!xbl ;,>Wnd.tr tha-6 y,;��jtui�t ", Y "ell - V, - b , �all 'such,b't DtF1 , on the njcpmp,1i'a`n`,_ 111d'i 1, " , - ng^ ce. w th.,10C " "r't 14 ,shall:'11 zil,�bdt.l �k c 6 d 6� W." ten ed• o be,'par-T , . _ .,I -�`Or, the first p U� lama,-Uremise he'.,�par.ty 193 P" q,. � art. S.,convey6d" Q, 'and-%re'corded same. ja October 29, ' t"d .'06�tob�r,-26 n',Libai:,`,'960:."paec .1.9 S 4,i This -on v"�e y;i H' .:"! :; - T; :3 27e HCC is made actuall* in thc*.normal, Y.,.-onducted b cour cOnsent-,.or Y the party 'Ot, Lh 0:"Or-,b-jsincs 69 ra it, s 0 e fi t t :khOldcrs-' j 1pa'rt%and u Don.' 3, 'j- ipjl� Z, vram"mman11�g wo XA OV -41t R PACE a` Y. o r"Lo I L j ► "I, I . I E�- 16' of m i- " PCO-Er _ T "' tlid Mose. ai ni I- �'A� QJV I on.Ly jig t 4 road0hu, . 7( hiz, ;W,1969,5f'k; 0 1114171. isE q e y", within 11clor V,7y, 'along X�:,Vo dcdf all 1.0 t #4 rfie"�Oriy w rf. Im LJ-fSL irt rgser��s (0 a,it t;Id "0 ..no 77T.- • 4" Creek I;Qun -,�Ot.,j�a id r0 9 8-04wr-ribed-.A,, DCHOCTU LAI 1)"'A"tP 11 q I I V.(1'��, aubjec to-.the ir * I .. . .1f;- "Appraviij VQ, ?L • VI, The,ii et ght of,,W,-)f '90, :,:1;'Vv--Y 31 t1l aL- .4110Y)p shall: iv,"O"P n with n"r I" Zh` the ri t,,to criti�tr6c�Onadd"61, In commo' way. LA" Ot er.0 w A"/, V95�'Neyed t, Z'N! !11 '4!", -the Premise sul)Je�_- for 'J". - ristri ctl&n,�.MAA V .�,w�th the land t 11romprt'hM J11111 1,dr a'' n oif�cjjqt no'buildiniP_ or ucturb,'nh&jr, , k 'fie S,;without.'tliePrior approval of, the.,plijil - r;1 upon 8j, by the arty' and Ispe f ot,'the fl. SUCCellildr -ra AC part" It not•bi nrxa�criably w whlo�.,;Ahj 1;1, t h.11 O'l C,,prav id d 1.tWQ' in:�bd�,-�'Fd a' Alave a Vable, 4 A '16. ,!Wdlj-:Li . . 1. -- r -1 '200 mc it k Kil i - of a tm—A0 ." �i .. R,44 hf4 situate mw- -4 - - d'�tkjat 'rig. ttt A 'i be Ill ct�,Plr:Ce such, birild ea 1A to 'Lhe portion of, jj cj� 15)�!, a t y-;,c) H d,,,f al in, 'go'32 +TPf by, -deed�ditedjo�/ .0 rg V15 I 'g g X Xqh k Ile 8P 1i Ion Bit," 911,W J. --icarw` I 'tlqujo, "'A A PY y1g�,' �' +�,t,,,,�'!y`„NA Lei ,`r � ,� '1 t ,L rL(,L�'"�J,` "rj ,14Y '•j�y', SID 0 gW "fill, 6, 6 U. it ,MA 'W, q MEN KM Mi. g . 11, 111, , , • 1 1�1, Mel Koy' "g, 1i j Tgn ,f 001,11,9 RAO' ffiff I R Ai 11 mur Ng"'VO"ly 'OCK WN0, "M M R p I ZY �!"'mmm_,mm gigil, VI a, 0105 wrww -fg Igd R" F"AR -.11 qW.4'A14 n{ +lj "7e4 .IZ A 3 Vv"OF .1k 0, I:” —M. 4t. V-- R Rf y % R AM M, k" W, • -.N f-K IFt MIT;.rg 'Fir qLL N V v, Ir r' ^yA h � •b,,.°P?,',it �ye}J'�y.85f45���C�??�7��t��r`�r��''��rr'I '�,','T'l`y i; �-a �-�...5rty'i v'yr,F•,,1� nw f=, � -ra 1,.—"�� �ty`.w;i'{o5 e:7ba"_ _ �t.���•,y 1` _ �,• �� d•� f '4 ~'° ."zp'4'!+ai S!!•`rf i� y Gryl.,ly RP7 �• .}�,p• ,J+I.A'�tc� rs y r r •j,._''f'�Ypr •q. � Ifi' �• .r;.;!i'S" Jl 7!�•�'liri 1 / ;'itiPY )•1! { ,�C„''tl;:Ti' x+4 K c1,0,0 V. .'iS,N 1, 'r�fii r: V�`4i,!•J i r '1 �'� �z°>�Syl"°,�.�5.yid,,e d•to,,�'`++VI iF'•3 Z�'.S Ni C U„3` .hsl';-'%r�:px�ar.4il;�i�.'�`_ i.t5$'!, }`� v`ij' sh;•it”i"'i<1,re�W�LpIFkj',7Frilyr�}.,l'fit;-j��F,', ,�' , itirJ,� ?�•N::;,cn �• q 'I)'A .1GFs„1:rai, 'ftn i, ,3iB• { •'+�j�.,c2,�A,_t, yy "sec',�ryy `l y, �r ^srr .'Lv�::•:°,r,"c:v J ,} a'" 7v c+ fi�/• (c Vra"'A ' 1.=•h=_+..,r cII� f 4 ,iAl s A� ( - ` n' 4.514iSv-\\i-0}i..•a3t` 'lr',.•r"-.,ra,:.'7...;..� JFJ.;ra+ xL'' uy.'`rv:.ttre,'.�,•mti.LtlYsti�13 Ai-.f„��•�p_ ,.�. o Y>`I 11 Jl ! • ] ts:�ll.,.a' ih. �l' �.,1- �• A7i{�: + r' l T�„F!{,tlt,�;f•�E{„-7� °,(,, ;4`i.; .i�5+, I• Y- .�i,•� _ I'�o[grr,�T,C��ir•1...7',_ i! �;a!'T���,•L iy4R1.{+1 1 ,,�„� �f'�"a�^��3_ '"9 ,fi - ' seama;rt xS`ni`V.to.0 acro:•7 T-9J-Sr+—u,wn..�aae a�7.p•.•e..lu,c.,nnr asr:!n,c c.u�ur�,eenu--Inal.{a:,..7 0.en,yarai.tun.• ����Ahirr��,t,,'P+��� �, ��. �'i 5s=i �j•���\[\i aXtZULT YOUR LAWYER OUG-"d S-West MG THM SM7':d1k,L,%t'—Tb:35 PuTCa^op OMS bti`+9tti' O Be USIM t{Tf a¢c3tvy. 9851 �y PAGE 22 1 iV Jlf TM U3d1T€�'f1ZIH.E. made the �` ainetc'm hundred r a, .till�.:•,�� Sii, - day-of' �August .-- ed and Eighty-F..ve .11K,rI JI; Jr1y:: .}P'`:�-;V;:, i �u i'`•;c�af _ `"�,, -�,•' '• '!k .. • i,+,,y„„ek?`I • 1 � �>,, :r,;s,r_t.;,; .:'tztt(i.`,;r,;��, ,;;•i'�=1 �?���•�.A 'J�r'Lr �4 � 1';OHRT3'1GiI�TERPRISES, INC., a Nea-;knrk'Corporation.=witli;ati., ffice at a t,347•G1en;Cove Av.�nn .—ue, SeaClif£f New Xor_k, ,si,- _L. r_� .{ k•r:. ^'�',+�''4J.'�ya':a�a,,...� I'>'=Sct i t.444 ,1 {,. r.'lo '�1 - 1 ti `('C''N=' o '.;i `•,�r� _ '.`�,};i`a` r�� tt,,�� �� .f 7�1 llw•F' � yt I n a,.+.':.;�( '+��p�i:':'^'' `,� {, d,•,rr. ;i,t fi c, 1' .jc 'I F�Jt ia,,�' a� . ,f. •. _ ky;-,f.���,•t•.-g',7,ld.ur::•'`; •;y- ,. i5} ,,�Si 4,3crr++ ��+ �•` :�, 4 y -r' 71 fir,(;.; _ „� '�,. ,M+,:, (4".;*,,#'P,;,,.•ii, _ t(i��.Jyy 11'G'r LI �i w]/ y, ,� `;y• ,�(�+ _ ;J. '�'s rc.:.c"1{•Pfd:•�t-i; r. '.• _ + � .3 ,��"."£i„ ,j', •r �, '1-i1` `I•' .Y i:�':_`.�.', 1,� _ 4,,i::.i�: fi::';.}oa}I:'1G�1".;fir,. �J.r�• •(` 'i ii .;tr 7;;r+';s• IId ,� ,� i '� `.i� r•�.I S�r„+ t, 1. r ����4si;� �',1,+,Jti;:^, 'r• (",t•• ����y ��•. iz 1'743 J„irr, 'F: . :, 1 r� je:' 'l u 1 •c!+, r, a ly, 'j�f�;,�: '�' I^(` ;(Cr/tYi �'y�j”:N+FI�=-i"r'•uj , '•7:,; I '!l"�y.�V 1���� 'L ' !, •i ,r, _ .,'`''�::tititW2'4=iz4��";' .. T.'s,'I:'• '� i;'nti .' 1, e :; ,,,f,'.. '•:,. ElFE9 rV .'.-�3r T M1• �I r,.,��r..,I `,sE r�31,l t4+1?ami;i,a t�?�^ _ �.?,`�zk�� 3 ..i �sr „�>,,` r , ! Ip.•, % " L 1 rijp� rp,1 t party ” iiaa '£, r rf I+Ybu 't{s' ': i dirt ".trawl •I�� ,'.9 4" ~1 4 Il of ti7e'C1YL papa rt,and •c" ,�` pit SOrr v�7'„Yi•0.F�-„„h}'+`, i 1/r”, 'al, : ::,;r•.^'rl'7L.;>%+'•.?i.i`ti'.y;'Ith:9`4�y,,: - r ;j r'i,Yi•',•fi�Srl•s.,b,Us.,'.A<;i,+•`At1<t�<Y:i•st�•':'.t>�,�:,;ts":a1``(''!• S ..�,E-IV:C.:C :,"''^rI% JOHN.SOPXi', LINDA SCOPAZhis :ife;;both residiii p(No Road,. Southold, New,York.11971; REAL ESTATE rt1. r ' J •[ Axl '•I _ , d�..• ,§ YF .`%:,:,,ty,.i�4' .:I;'Iji�",a<:'',{;etJ�:f'� Tr , �J 4i•n: ril'iL 3V1,"•v`,; - rr 'ra,P''` ,iWTt \��`j`�r�)/ =•�"•r.a;ice:,>•':�,•tt}�1�.:�:?;y„ ,'7',�]°,�'` 'aa P�: "+. :a•'i + ,��. , .'fir• I' �� '}'.. <_' ', `:t ri:'!'; .•i"L��r,3fli T^R t4 � , •'.�I��'f.: _ -r�nr,i„yqr kt'[� P.. "'iz t��:K�`::•,y;,l/•�ya,Yl:� - T�.'"t`'-:i=+'i; 'Y' '°j,�`"b`I- •''� ,'r`I_ .AUU. Ix' Vq.;r*,V'F3M1„x„�'r? /'„ !,•, ,�t.,t' p;f;'1,.,'. c •li(li��,`,'�e" �I {r - MI ll§p •k;.d' a-i;�tv _'.�+RrP,i�",�„ .I:s-t�:r {f,;t•;•` ,r - i ;:'Y,1�. ,r ti•-n :': h•.ds r t7 ��,:^.,, r ,�jp ++j k .;,t: -'.1••`,+`i;r: l+rl „r. �` cl :1� �;. "cl_'y k°ca:.�f•^:'c�':* ,`1 T�a4PlSFER T` '�:, 5.1�FOL 41 S % F -a=a.Sf�rt•,,,°n,.. r ,xr ,' ,.'ie.; ,E��r7 1•,11 ,-}i },°� ,+ -s I✓' 1";Y ii cl'S4;EU:�Y li v !P;+ ^ �..,y ,J u;:.. ,tK 3rst�.. ?r '\�y.Yl' a+' "r:'11:t(_�••' '�', 't-�t ` n 1- of.:ibe'second rt, CdU J7Y,:. G' :Pa!i d... Pa � rw ` • '.•` i•t„q'�YI„cc}, '�'.,, '.2•rgY.'I,rl •,r_:: t;e'w�� ."i i t.,Y i,2-:.�t� �. -:.. _. '. ,� ,i, 4F-'' +'{,,,fie r 1 ill` Q3!ITPE [hat the n of the part, i ;C M-- party o t ecnsideration oE "� � '' � >� � �,:,I,�`;7U �N�'i)•r;''+' , •' '°Jl 4�J`1':.�1,;,,,t„�{,i. ., S,S' ,! r�d1,�•I��"`'' 1;)cEi x$10.'00)--- ---- I ----------dollars, gel'.f s,,,Y •x7�(r i; �fj.. --- -i.--, ,t...• ,--r , k A-�S: •Cif li'7 , fr rk_r.. ,,1.^�I-,'7G,�r:`r: - i,,il,�,:;,5' !axd• •,i - ,_+"; :t`l.o i b` Y� ',,off Ai '41� 1` .`i' r';" +-" - � '". 1�i',Sti•G;- ;.1.•, p �• '�•?�'}'as _All ie'ful money of the United States; and'othei,good;rand valuable=copednsideration -- �,q •#-, ,, '` �-',If'r• ` '1,;,, ..-}`,Nf ,i• � { ,: "i,ri ;iS..,!}GI- "'rp".�y ,i. ��1�. �h I ;` {` -�. ;ii_��{VFT; e`b' ., ,i•„ly'L'-' i•7:.� 'i ,'i',1 �f�1�1�d�'rr•J"(''P � ”, it { "_ ,•+,_ 'b)L LIM i7J—1 the,seared part,,doe4 herebj;i grab;•and,7eleast unto the,piirtg;oE'the second part, the'heirs'or fi-t• 1< ``� ':rr'�r`�•'sr�tt^'.c` y" �,V - SYS i_�:I�'�1,�1{.��:;'1 ..Y%1:• :�C_„ s`y',: ,'Q - :L1 �}" Y N}' �'�,,^tf?: i`,, Y.f , •h...` +•,-•.v �i A`J��S'^4'4�t, G, - - ' _ 7 � .sl ( ��� ;k;'`-� 1 :'3+�`»'J•r y: 'i: ��;ri•.''}' { F'.• ;S;:Srh r,`�'�1'�,i'�:,' �•' �.l+i;r,-''rr,;� 'r'f� ,,'�`z Y3 ,,s' ,i" sixeessors itidgasstgns'n{the patty oi,th`e'sernnc.'-:art-forrver,�;.r. -,,.;ter;;,,..y.,.f;I .carr,, - 9�� t�.� i ;, ;tI r,; <_ """'P. - �'}-_�S (air,,':. S:,;rLi, iv,,r'�9Crs,_�:ra-�a';.:-• 'sN'c`4 tt�,L. ,1 e,;l'.•~='�:'' i_, _ _ IV I y ''�,"N�p.x m+a3r;;v',' 7 t;;r=4'E.i - ;>.ei",ts!^N5.5.�"7_z=t°,Y-4`:,-•<A_-'oF'•r�5:�,".if}3,t-;.;';^l,v:,-,rlx,'r 1�;,a(7r�, d.!.J.d+.`�'a��->+k,.z{+%'•'i:�:�M1l�.iz:N�.t�#..;+.-i'rL;,;:.rr+.'-b.•q1v`...-4.w`;x<%a_..''-"rc''^„:rSF:n'.`''yW.•r:,,i•Y:'eL�h'c1"•,o L{.•�,f,{.'t�;l>'aj";'�7,-n+"se'Yti•sit{riy'xRy..:V:3',,Jr•'s'-W,'-,%w�,rra`^Yt.,,1yr�'�^�,:f'&,{-`'-f,"uct.`•r'LG•`n;.`.,v4�'uJ'iS,fi�,l�,'L�tCK'yr^",'r•*7�i%•;„Ir I:t,i;::,'J��•;si-;�di'!;,'”'f;',,'J:.-'�;.:,,„"i-'..I1I�:,,T,�:,.-i,lffr.•:..,.' off'��,•r,,i1_r•..CH,r5�,Y'..:ry.l;•i,;,o-7:yy. > Yt':` t-4r, (,ilh3pel,{b!uidirigscrI7;1F� >'-iJ,AA&.Z.thtxttrtln;plot,ipc :parco1T7nnYaxd being 11 Peconic, Tovnyof•Suthld;,County.of Suffolk;'audz State " i, t t' ',;•'g:;;_ oIEN,w,_York;V'more`par•icularly boundsil'$ „,, •�:�, r a \,T v- °�.ti at '.J 3<,�n .h.lir' :1c.�{�c.� ::•fk_ ';1'-,. 'i��:. I'i.'+ �',�' f«v:�fi ',' �r �)'.�` - •'Y ,>`` -� +r' i'+�• t'�'c:_i� �r,�.,+r x"k.�_s„,-Y•'t3,';.15 i-I� _ "•ti; %„-• a`lY�t `c ��1q1 „a( ,s•y, -•-',' Y'lr f�lr �v� n"r^..- _ r.s.j.Vy '-R:` se'•vz7r.,. ! ,'^'� •Y• �,h3,.• Jar ;Kf'r ,:1. v:fL'”„k^Y,= ,i, 3 ✓ new may`, •S s .�+1z Scl7u-_ _ •.u, x,- :iY.. 'ii: l:,nt••'aa .,d;`%f:•~'h'wa. yrv;'t•:y' rt• �,c -'I'' ,rsr- � +,�, _ ,;� ,r;• -r''.' l}k- CFIs-' r 't `�'Jr - <,'i�2+ •`”:"'ir.•:< ' ? { ,I 1c: •,. 'r•.`.':i Al �p�}"a�_,ri�,Cr'e,. rr• ,, , ..tH,ti�; r..�rY �i: �����Y .d'': rl+if; BEGINHIING-at;,a1,stake_sat,"in:vthe3nor.tliwe^t the,"remises'; ,.mac$ a,», .�,. a •,.rx.T•'y, ,. < , o.. a •,, i„ �r •(s +�^'�;tterein�i"descri+b::d;mad olein =..land's' owl+ t•i' f' ' r'`"'•-`��,' � j, g ri or^u fc�rmer'].y,NA�b�.oaa tFStankew�:cz:�'on,arr,;y,,;�y°,� i" Y! s����a0c ;Ehehi7est;said t:of'rb'2 innYribeia .Llie;-foYow 3 Sr _ 8_ rt ,a� � r •:'?;- ofA u ii+' :.j ••r ,r4. ._ t;,"r,•' -Or,- 71 distances?from=the: `oint.ma`rkiu '£he"souther lxrte�'of I4a �• ."r 'C' i P S: d, y,,.. ry�r� d ,+.'w``,, fAY ,i r., �!•{e rf 'y,�r a, ., �c 1, - -",Y;';y-n'r'i._. - '.t• 't - !' ,; I �; iPr�, i 4, ;t „�iNYS;Route;'25;`land saidlPasterl r^l:ue;tof•.Flatidnov_or formed olonla,.;:?< "'iY'�' " r r k+r. 9z, a y: t`a+y ; ,'=' :' 1 j! t;°'''- k (: .v• �_P rv:-:• •<` Y„', ,:rt, `45 � P - "x" }1•' dS,S� f, o•+' '1Y .�Y� - '' ^�,�• l "� g,,, !;) :nketricz_. '1 ,Suuth'13',02!a;1,25xEasu;31 :92'feet.� �itt , �' Ir-' k t �•�, e <$r '=L•,.ne ,.ar.,'•��f,.�!�.. }:: lfefra� n�;� )"•z � ., T9. _ ¢ ",ns'r:2)+{:ffi.SOUCh',12-,.>,i12 '+•„ S,i ',•!.T,a n, ,.i,<• { k`7'" 'a`�`-'1: 1 x '�i r. •'•T �;::,.1,. _ •�, `v'iglir y! ;t ;,• S ;3 ;2, East;,27b_OQ feet' `-3)"'"South,l5 ,East,YB :.SOfeet;:: s,4 ;MARy"ES tIv r4 fr: `'�`;•n"•�Y s; a'v,Mt v'�:r. I4, s�;y14,q�,10',:i: taEast�i'�74':OO,tfeeC' w 5 ni'$ot3th"1 e: •" e'r: rr.. � ur 'ar, .,' );:- $; 5 ,:28g.+Eask'495:80•'f'eet` ,�r,a, .`r •U'* r t �M}f¢irid„d) 43c7iir.5.9 ;40 28_ East =169':47-+fe'et ;fromsaid oiut';of:'lie inning' +'• ; ' +7.\C�t•\F”{ "? lar 's-,r:� r•l:Y '' % s I i4�, $ i7i: I„ r�_RUNNLNG:IEiENCE,North,.78i-�07.: •20r''East',alon& ot'I r t�>,: '�C>£�:G\•\TIO\-c , _, _ _ , _ :, h,eri;land :r. iparty;of.',ihe+;first part,',483:'S7,.fcet 'to;a:'staket andsland'now ar'formerl t F 1 .,1000 17„'•'.FlorenceSH: Terny s• ,'Urn 4,<,., i ^•.s,r 7•.i5yy,:•r%.•,r,, .ri„^`;'„:'•;.%i=•i ,•r r•,�s;•I �'' IT +{�,7rt utl'x' P. East,;!THENCE South 11' East='along1•said3land riot, or formerly, Floien e;;1:`_' eY•--;403„ t "t ,:,._ ,1• p c ry 99� a"et tcla.morii7tnent and oth"r 'land of the party i�l' �'of:£he'"first, nrt; ' "- ``/. ; ;;.�s=; •n�'y`r"�;'"•,. , ,r ,R��`!r§§�t; T'�Y��-' z %�' ,d - ,P "�,�(.r; :+ter�;'•,'"_- - + ..{`_.+a, ..;,,,;., ,J' - , ;.- r xrrsp`P Pr 06 ;THENCE t "1 Sout 63°,55'.'S ' West`along<;said;last mentioned land, r 522.74;feet to a stake and land•ntw•or•formerly,,A oloni'a'!Stankewicz �i'�r•els.r71r j�y o LKEr1, 3 +,- ,,;THENCE northerly along said land ncwtor tformerly Apolonia' 7+t 007.6173 tsnkewiczr,the following three,(i)`'courses•aLi;l istaitces:;'+ 1) North 09' f 25'=28''`West,`333.02 feet; ;2) `,,Koi tt''09,°`•10'�28r'_ Westi•148.00;•feet;.and` i,'i `' -• ' c n -' ri.ft=.� ';i`•'• • I' - I i4 .<r G 1✓I r f I ^� 3)r;North 09 40' 23 West. 51:63 feet to'the}stake-a'6''the point or pla_ce'. of;BEC INNING.- ;- n _ `�Gy>;..,,.•.; rf; �i<<. I i I ?„ _ . - •," ,,t:'1�.V:S•ri' -N`r,,Y 4-''p'� Y �§Y [,X� �1' 6,YI'<' i,; M ,r, .__,. a.,r�++"1.�'. .-.�,�iix y. :4r+.•.,-,... r '�¢�� K err 1 ;t�,. .l-��...,-� '. ., "';,'",•^ 7 •r.}� 2i'\ J:.:••.t+) ,,.er ::• � ,. �.• y !} q'' Y" Sai3•:premisrs brie La t',i9 .shown_bn_Hinor^5ub'd'i'vis ori Plan prep tr'd ir71 t -' for Moh'icing*.`,Enterprises II datedi 1TaT:ti'-Zk,r1484;�pi'eparzd tiy.Yotmg',&'Young; •Riverl7ead; New-York. • _, _�z•'.ii Jy;"�..+_r�.�,.''•;l:�aijr .'ems!=��.'S;�;'; r:'!; ,,, •S:i i;ri ,t,r4 �,� f , 4 .B� '� "u'=,y. c1{a;.:�.�'Xor i� i;il,,t."..:1•`.''r�.�S.,-. :151u:'r." ;•J•_}Sy, .In-•',i,Y;.' ` y9zfTc���rJJ, ::%-�`,'''�'SS' 'w•^•;.=''Y;-- TeOGETHER.with and sub ect'4ti' arra ht f'r�ra op,y rvnnritiJ ''from •, f,'Itt 7 f G %. . ,g y ' ifl• r til•:, Main Roadq NYS'Route 25 to'Richmon+-''}Creek_ wh cl�'of,'asy`'is moi•e'pFir`:'icuittrly " botinclr�drt+iid'r;'"Zaa�.ibed in c ed he=e't'o',-.for ingress and Ggrersr7'. i r1I34 ('+ +;' e•. Eo Mbtxtt:Roiid'4(,NYS Route 25) and-Ricimond Creek' itnd iir5tall ation of undt:Ygrotinci' ci .r r.i. ;'i'4-..:7'j CS r; t _ _;i':-`„ - _,:i rfiYt'•_Y� ,LIt tit '�fl^31�'+ fi.,•;h •cr„•ti ' "i-Yf, ii•iL� - ;'I ,.,. . i.fi'' „ _ _ ? - _"�.`', - ” I '+��tW,rE,r Gi• _ p t w t�-% 1 >"j'4r"e�• ` •S}• + ��,•Ef ,.y I, i..'r; •`J S l , y �. r13�'F( { �;1 1 y,,, ,�?.tt�' �• ` t ` 7,- - , _ -�.'- xE�'1:a`i '`rt�Yy L�,51r ;n �., L`u;= "5r ll,T yqJ! ,;.y:Hl�f4� ���- �' P' .,�,�,r•� y^'71�;.n� RI� 'A +h 7r}�1_1}�{?" F" 1 v� .•rr1i," a� t •,A �"el,y1�':ealy r anf Ij`; i v�t kN fr;?i���fv h,2 I: 1, Ygy{� a 1t1a:JP` :,ra,•,.'F:�.d w"...' b ''�'����" v.:k :s 1 f`' fi;' �'... v ' �; rt t�lll. 'C} •, i \ �r i�{ .s ihc` c�r 4-Jl`,},af'Im,1 crA � i , . -}�il f I�I<lh•' '..��jl;a+r,; -`r•.,X qj,i. LI (• - Id 't._ .'.f4'_�I I II,,Nr�('y}{er�y„X'rT utilities, said right of way to he '.ti coamn withy`otherJs. `The right of way _ �$o Richmond Cree s.;L1 be for the esc usive ❑so_,of,Lots,l, 2, 3 and [,, their x,e4�$•c� ` ' T'f"'tot`�14�.s f " ) ea ��tiTMtM1�'"C guests''and invitee`s. �rthersubdivided,',on1y one of the sudivic+ed s e given the right ofiwa}' to RichTnond,Creels: _, i �`" The party of the second ppay one,•'third:(1/3j o1` the cost' of {t el,E,rt4 r the repair an maintenance o,_ the Inc roadway from Main.Fca to t.e nor er y7, ,�"'1�,I' u LtTt r J f_ en[ r o� s,sub ivi a -i nta`.:a major sub sim tI 4' ; a, oa Meeting Town of Southold,Ispecifications;,;fo�'a.major subdivision road kMy �4 is'coiistrutted over the aforesaid,�right of.way of IoC'`4,, which roadrepllaces ;�S.I,y,.,, E' Y� the 16�'' r_fj ht;'of way in part, then the:co'str of maintenance shall be shared oily ��"e���' d , as to;the°,Iremaining portion of the•il`6'„roadway. .'•Th e',oartyT of. the first part �cEti 7544 re efiie' rthe'ti ht to dedicate a-roadl<'i:Uliin the'•5b'I;'ri ht of way along Lot _ '�1J;,"„ 3 �'+ {ii,\�J '� •'r\ d'+'>='v ..e%1.,'kl,Yti +.g`-'-„ us`d [I 4 Co;the'�t'own of Southold. A iilr=�,,, as,4_'.;c ti t;'” i {;,y `.i- ,I -r i" 'l•'i l•��• ''.irt'_` -1;,r19!s r��fl ;� `,!r,``•.>i. r~e.� �.s,5<a R ;� ,?wt;I: `.55�: rr.,t,! ,r ;'',. ,,. p r ,�i b, •��` J I 1�.,5'` ,;•.f 'Y e{'^' a 7'. ` �: .. •fit-:-,, Y.t,i �:i,'. j`' L�,_ P� `=�;Tlie,partS'o£ the'f first pa"r`t ' eserti+es-the:T ghryfo_rednce,Eli 50 'fright ' of way:asi' t, uns.from the. :horti{erly'bo`uzidury of-, +' - s o is mon ree to 41 .' 1 w r ; a,35 ==igtit''of way as described�liii,schedul,:-,.B a tache ere o; su jest to, e., apt, p ,o r e Southold Town Plannin3 Board. t ;.1mThe,ri'ght-of to tichmond Creek set forth abc.re,i'sliall'include'Ehe ' n•,,, y� right"t'o ,consiruct a dos in;t 5aanonivith'kothers wlio'iusei"said 'right of way'' g34YI r't'` •<' , ?_;t;,Tlte:premises`'are conveyed ubjecC,.tb, "covenant an3'restrictiun ��� !> fc'"? ?' hich:sha1L""Arun`Uith'the land;fot;al�period,Jif�five,;'(5)';,yea= from the date W-11 ereotf.''thatrrio;building or structure ahall-"be erected.upoti the premises without 7,• `' iJ r4 , L:E % �i i the prior,:approval of the pians and,specificatioris,rby_"ttie;party of Che first �.1U ,r f, } part;;'itsa"successors and assigns;?which',sfiall not~.be unreasonably withheld, •,I Ei „ e r.'� y. provided:iitat the buildings''and/o'r``st-ucture"s shall'`5e of:a conventional design includin i,but-not limited to',a';ranch' color.'ial split'I level, saltbox, etc.) iii-th'er'case`'of'a house, 'that�it•.shall }iszveiEa,livable'first floor area of 1,2J0 + to -" .,t:`{,1'•1, 1 ..,. ;{dr:.z-l,st .. scjt ft:;';(900;Esq:,`,ft'.'.in_,th?•;case,:of a twq;,-stoiy,'dwellin'g);' that,any building Jl. tf'•' \1; i 9., 'r• •q � .Y: 5•T.. 1.,[,..`�..t`•tFn-d.... M• `, _ lar.y,rj,sty "i;striscti'ire' shall be;reasonablyl;Ysituatedl,on<the='premises="r and,that;`all suclr' bl d�J.A >r '; uildiigs{ots`structures'shall;betR al`,compliance,;iatti'cilocal=;bui13'iag:Acodes:,l'., }v ysa f.'- .Si .,•A, •.9'; 'y.v1.w•i '�'•:14Ti�'�c '.S(C:,+ir;i �incC ��N^s_. �it=Z..,'',�,-,.I qt,�h �'3.J "�•3's+�-a�T.j:� `�.i,=5:"�:*'.yt'�':'v.�iS;'1,�f„J:.h•>•P'7� •;G�+>{r,. "�.l.ti�° .,,��, ,,f"n��P:l,., t..��.r`:,�.41r,; t' :.t,,,n'S:r'!'tl.st ;r.`ra.^�>.C�aa.l':'ti�nw,��...�`w�'..� =e�-;+sal: •n#t., ,TY,i,.�i�`;,i;;s�.G - -l:`•h4." ��=�-�='-:n,•ri-"�f��f;rr�.�,-u - ,�t• i "'ff�-''t�€, 'a)� r�,fi: ' tiw;a Stitt` 'tl;f.{i�,. •'r'.ti"F'; t_' S„'t[.n - '' �,,.' v, ,. �"_:-r,-;BE1NGt r►iid r'intended' u be;a)portioi3,ofr•the sameapr"e`"mtses'con�e�redr',tL: ;�, :' ;1 } i -•'�'}•' 1�,,�C^'P" .y ,TY'rS:M dnn,h. i''\�.�.•.v..:tw:�._"�lY� ti'E'.. _ ,r d' _ L- t c .. 4 _ „ - '•tF _ the•; art of:the;,first"Parr,,t y-deed dated410%26/84',,trecorded` 10/29/84 in'I h'er: .p y., ``', `ice: ,b. }`., t.: '"` a,c•i'•i -•r,"k.•".' •s>' `r t� .�'r;:? - :•(arFn'•,'r•:'+` i:::�=..vk:;:+' :7,. j.�� 'r, N� ,UcF73 ?\'•::,iy•rats,�l'a.w"'+;`::• ;r,'',' t,'-`r,�i� a� r 'g+ `.., ,#ti rF -;r;__,trs-•`r°91 S,Pu z.:327. ,r„•�, w�� '?, ,13=�; `�_�'� 4r•'r'`; tu,-^.. rr;' - � •E�k• � ;,{+ 96'57 ��.. _ ,•yw,„- z\;e, _t, ,_ ,.-, :��,': - ti ,;,, ,�L v: 9; ,`,4• ',., :,,;,'„L '�r,;_r`$-'is`(iF_ .,.A`..''r u ,r i w{T.. r; l.l,-R•n,r,a.,.•: _TF,•t'.`S:' 'a.:;' -t "Sf. .r<. 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DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-Mail: pdanowski@danowskilaw.com JOHN P. TAGGART, ESQ. jtaggart@danowskilaw.com May 8,2013 Southold Town Planning Board E t9 E 1-U P.O.Box 1179, E 179 MAY - 9 2013 Southold,NY 11971 ___ ] Southold Tovvn Re: Proposed Lot Line Modification of _ '' ' rso SCTM No. 1000-86-03-31 and 75-06-7.2 Dear Sir or Madam: As a follow up to my response of October 12,2011,to the Board's letter of July 26,2011,copies of which letters are enclosed herein,enclosed find the following: 1. Affidavits from other lot owners in the subdivision,Stanley Freedner,Doreen Freedner and Timothy Coffey,indicating that they aware of and approve of the lot line change; 2. Agreements and Addendum to Agreement signed in counterparts from each of the owners in the subdivision regarding the dock construction; 3. Draft deeds for the lot line change; As previously advised,Dr. Pearson"s-existing rights over a way to New York State Route 25 will continue to exist without the need for a new access easement: However,her rights over the access path to the water will be extinguished as those rights exist in regard to the area being acquired by the Brantuks. With regard to the suggested covenant from Lot 1 that no dock will be allowed from that parcel because they gave up the right when they transferred the water access way to Lot 2,I would ask that the Planning Board and Board of Town Trustees communicate directly with Dr. Nancy Pearson or her counsel with regard to this issue. Upon the Board's review of the enclosed,please provide our office with any comments you may have. Very truly yours, (2111t- Peter S. Danowski,Jr. PSD:mmc Enclosures cc: Mr. and Mrs.Joseph Brantuk LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631) 727-4900 FAX(631)727-7451 E-Mail: pdanowski@danowskilaw.com JOHN R TAGGART,ESQ. jtaggart@danowskiiaw.com October 12,2011 Southold Town Planning,Office P.O.Box 1179 Southold,NY 11971 Re: Proposed Lot Line Modification of Brantuk and Pearson Dear Sir or Madam: Although much of the information requested has been provided in the past in one form or another,I provide a response to your July 26,2011 letter as follows: a. Lots 2,3 and 4 currently owned by the Brantuks,the Freedners and Tim Coffey will be the only parties having access to the water over the newly described right of way. Fee title ownership will be transferred by Dr.Pearson to the Brantuks subject to the rights of the Freedners and Tim Coffey to travel over said property. In fact,the Freedners and Tim Coffey as lot owners already have the right of access although the width of the access path will be changed per the understanding with Dr.Pearson. To the extent that we will alter the boundary line,Dr.Pearson will now actually own a portion of her property free of any rights of travel over same currently_owned by the same above- mentioned other lot owners. �T —� Also,the Brantuks will now own the underlying fee per the alteration of boundary line plan free of any rights of Dr.Pearson to travel over that portion of the right of way providing access to the water. In fact,the remaining property of Dr. Pearson has direct access on the water without the use of the right of way. b. I will provide "Affidavits"from the other lot owners albeit that I had forwarded a copy of an executed agreement setting forth the understanding amongst the parties. ;0- I will provide draft deeds. d. Dr. Pearson's existing rights over a way to New York State Route 25 will continue to exist without the need for a new access easement. However,her rights over t %1 - 1 . the access path to the water will be extinguished as those rights exist in regard to the area f being acquired by the Brantuks. e. I would ask that the Planning Board and Board of Town Trustees communicate directly with Dr. Nancy Pearson or her counsel with regard to this issue. Very truly yours, Peter S. Danowski,Jr. PSD/eaf cc: Mr. and Mrs.Joseph Brantuk i PLANNING BOARD MEMBERS ti0��of SO!/T�olo A A P.O. ADDox RESS: MARTIN H.SIDOR Southold,NY 11971 Chair c�a OFFICE LOCATION: WILLIAM J.CREMERS �Q Town Hall Annex KENNETH L.EDWARDS Oly54375 State Route 25 JAMES H.RICH III CQUI ,� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 26, 2011 Peter Danowski,-Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the r.o.w off Main Road in Peconic SCTM#1000-86-03-31 and 75-06-7.2 Zoning District: AC Dear Mr. Danowski: The Planning Board reviewed this application at their July 25, 2011 Work Session and asked that you clarify the following: a) Provide a written explanation about rights of access to the new dock and which lots in the original subdivision have access over the right-of-way to the water and how this lot line change will or won't affect their rights along with any supporting copies of deeds, easements, or other documents. b) Provide affidavits from other lot owners in the subdivision with rights over the original right-of-way to the water indicating that they are aware of and ' approve the lot line change. c) Provide draft deeds for the lot line change with reference to Town Planning Board approval, metes and bounds description, and a schedule showing the map or an illustration of the map that legibly depicts the lot line change including old & new lot lines. d) rovide a draft access easement for Lot 1 over the new area of Lot 2. e) Consider requiring that Lot 1 file a covenant that no dock will be allowed from that parcel because they gave up the right when they transferred the water access way to Lot 2. Ask applicant for a draft covenant to this effect. Coordinate with Trustees on this to get their in-put, and check the Trustees permit for a new dock for any conditions that should be considered in the Planning Board's decision. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Heather Lanza, Planning Director Planning Board 2 / I STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: TIMOTHY COFFEY, being duly sworn deposes and says: That I am the owner of Lot No. 4 in the subdivision known as "Mohring Enterprises", and have rights over the original right-of-way to the water. I am aware of and approve the lot line change between Joseph G. Brantuk, Patricia A. Brantuk and Nancy C. Pearson. 4M C Sworn to before me this J' day ofd, 2012 a���- Notary Public MICHAEL A.KIMACK Notary Public,State of New York No.02KI5056823 Qualified in Nassau County Term Expires March 11,2/� STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: NANCY C. PEARSON, being duly sworn deposes and says: That I am the owner of Lot No. 1 in the subdivision known as "Mohring Enterprises", and have rights over the original right-of-way to the water. I am aware of and approve the lot line change between Joseph G. Brantuk, Patricia A. Brantuk and Nancy C. Pearson. NANCY C. PEARSON Sworn to before me , this 3 -w day of / , 2012 Notary Public WILLIAM H. PRICE, JR. Notary Public, State of New York No. 4644944, Suffolk County Term Expires February 28, 20�. STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: STANLEY FREEDNER and DOREEN FREEDNER, each being duly sworn depose and say: That we are owners of Lot No 3 in the subdivision known as "Mohring Enterprises", and have rights over the original right-of-way to the water. We are aware of and approve the lot line change between Joseph G. Brantuk, Patricia A. Brantuk and Nancy C. Pearson. 17 STANLEY FREEDNER DOREEN FREEDNER Sworn to before me this day of ')-(A3 Notary Public DAPHNE V BOUKLAS Notary Public,State of New York No 01 B04733633 Suffolk County Term Expires May 31,20 • S F AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 WHEREAS,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,husband and wife,are the owners of premises known as 44632 Main Road,Southold,New York, having purchased said property on March 15,2005 from JOHN MEYER and GAIL MEYER. See attached deed; and WHEREAS,STANLEY FREEDNER and DOREEN FREEDNER,residing at 21 ,7 Sycamore Avenue,Ronkonkoma,New York 11779,are the owners of Lot No. 3 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,TIMOTHY COFFEY,residing at Main Rod,Peconic,New York 11958,is the owner of Lot No.4 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the BRANTUK property is also known as Lot No.2 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the predecessors in title were JOHN SCOPAZ and LINDA SCOPAZ,his wife,and MOHRING ENTERPRISES,INC.; and WHEREAS,the deed from MOHRING ENTERPRISES,INC.to SCOPAZ allowed for the right to construct a dock in common with others who used a 50' right of way. (See deed attached hereto and made a part hereof.) WHEREAS,said deed from MOHRING ENTERPRISES,INC. reserved the right to reduce the 50 foot right of way from the Northerly boundary of Lot No. 3 to Richmond y Creek to a 25 foot right of way,subject to the approval of the Southold Town Planning Board; and WHEREAS,BRANTUK has filed an application to construct a dock with the Southold Town Trustees; and WHEREAS,the owner of Lot No. 1 on the minor subdivision map of MOHRING ENTERPRISES,II is DR. NANCY C. PEARSON; and WHEREAS,said DR. NANCY C.PEARSON does not wish to join in nor benefit from the construction of a dock as proposed by BRANTUK; and WHEREAS,DR. NANCY C.,PEARSON does hereby relinquish any and all rights to participate in the construction of and ultimate use of a dock with BRANTUK and/or other lot owners; The undersigned,JOSEPH G.BRANTUK,PATRICIA B.BRANTUK, STANLEY FREEDNER,DOREEN FREEDNER and TIMOTHY COFFEY,do hereby indemnify and hold harmless DR.NANCY PEARSON for any liability on account of the construction or use of the dock. SUBJECT TO approval from the Southold Town Planning Board,the owners of Lot Nos.2,3 and 4 agree to extinguish part of the existing right of way over the property of DR.NANCY C.PEARSON,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W. Young,licensed land surveyor, dated October 27,2011. Said extinguishment shall be in the form of a recordable document to be filed with the Suffolk County Clerk in form approved by the Southold Town Planning Board. SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C.PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A.BRANTUK,subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER and DOREEN FREEDNER over a part of the area of the existing right of way,consistent with the map prepared for JOSEPH BRANTUK and NANCY C.PEARSON, by Howard W. Young,licensed land surveyor,dated October 27,2011. Simultaneously with the execution of the required deed documentation,DR. NANCY C.PEARSON shall provide written documentation addressed to all permitting agencies, withdrawing all opposition to the pending application for construction of a dock by JOSEPH BRANTUK. Dated: ,2012 Owner of Lot No. 1: Owners of Lot No.2: Dr. Nancy Pearson Joseph G. Brantuk Patricia A. Brantuk Owners of Lot No. Owner of Lot No.4: Stanley Freedner Timothy Coffey Doreen Freedner �S Y STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared NANCY C.PEARSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signature on the instrument,the individuals or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: n M On the_ day of 1 i ,in the year2()�3 before me,the undersigned,personally appeared STANLEY FREEDNER and DOREEN FREEDNER, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals or the person upon behalf of which the individuals acted, executed the instrument. DAPHNE V BOUKLAS Notary Public,State of New York No 01 804733633 Suffolk County Notary Public Tenn Expires May 31,20J.,2:2 STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared TIMOTHY COFFEY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to,the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public ri r ADDENDUM TO AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 The following paragraph: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young, licensed land surveyor,dated October 27, 2011. is hereby amended to read as follows: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON, agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor,dated October 27, 2011. The use of any dock constructed on or at the end of the right of way shall be shared and enjoyed equally by the then owners of lots 2, 3,and 4. The said owners and/or their successors in interest agree to share and pay equally in the reasonable cost of construction and reasonable cost of maintenance of any dock, if and when they use the dock." Dated: 02e 0 4-dU9 o AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 WHEREAS,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,husband and wife,are the owners of premises known as 44632 Main Road,Southold;New York, having purchased said property on March 15,2005 from JOHN MEYER and GAIL MEYER. See attached deed; and WHEREAS,STANLEY FREEDNER and DOREEN FREEDNER,residing at 21�7'Sycamore Avenue,Ronkonkoma,New York 11779,are the owners of Lot No. 3 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,TIMOTHY COFFEY,residing at Main Rod,Peconic,New York 11958,is the owner of Lot No.4 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the BRANTUK property is also known as Lot No.2 on the minor - subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the predecessors in title were JOHN SCOPAZ and LINDA SCOPAZ,his wife,and MOHRING ENTERPRISES,INC.; and WHEREAS,the deed from MOHRING ENTERPRISES,INC.to SCOPAZ allowed for the right to construct a dock in common with others who used a 50' right of way. (See deed attached hereto and made a part hereof.) WHEREAS, said deed from MOHRING ENTERPRISES,INC. reserved the right to reduce the 50 foot right of way from the Northerly boundary of Lot No. 3 to Richmond Creek to a 25 foot right of way,subject to the approval of the Southold Town Planning Board; and WHEREAS,BRANTUK has filed an application to construct a dock with the Southold Town Trustees; and WHEREAS,the owner of Lot No. 1 on the minor subdivision map of MOHRING ENTERPRISES,II is DR. NANCY C. PEARSON; and WHEREAS, said DR. NANCY C. PEARSON does not wish to join in nor benefit from the construction of a dock as proposed by BRANTUK; and WHEREAS,DR. NANCY C. PEARSON does hereby relinquish any and all rights to participate in the construction of and ultimate use of a dock with BRANTUK and/or other lot owners; The undersigned,JOSEPH G. BRANTUK,PATRICIA B. BRANTUK, STANLEY FREEDNER,DOREEN FREEDNER and TIMOTHY COFFEY,do hereby indemnify and hold harmless DR. NANCY PEARSON for any liability on account of the construction or use of the dock. SUBJECT TO approval from the Southold Town Planning Board,the owners of Lot Nos.2,3 and 4 agree to extinguish part of the existing right of way over the property of DR. NANCY C. PEARSON,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON, by Howard W. Young,licensed land surveyor, dated October 27,2011. Said extinguishment shall be in the form of a recordable document to be filed with the Suffolk County Clerk in form approved by the Southold Town Planning Board. SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No.2,JOSEPH G. BRANTUK and PATRICIA A.BRANTUK,subject to the rights of TIMOTHY COFFEY, STANLEY FREEDNER and DOREEN FREEDNER over a part of the area of the existing right of way,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON, by Howard W.Young,licensed land surveyor,dated October 27,2011. Simultaneously with the execution of the required deed documentation,DR. NANCY C. PEARSON shall provide written documentation addressed to all permitting agencies,withdrawing all opposition to the pending application for construction of a dock by JOSEPH BRANTUK. Dated: 92012 Owner of Lot No. 1: Owners of Lot No.2: Dr. Nancy Pearson Joseph G. Brantuk Patricia A. Brantuk Owners of Lot No. 3: Owner of o.4: Stanley Freedner othy C fey Doreen Freedner Y _ STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared NANCY C.PEARSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the I day of ,in the year 2012, before me,the undersigned,personally appeared JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signature on the instrument,the individuals or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012, before me,the undersigned,personally appeared STANLEY FREEDNER and DOREEN FREEDNER, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the Sday of Ally/ ,in the year 2012, before me,the undersigned,personally appeared TIMOTHY COFFEY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. F NIMCHAEL A.IGMACK Notary Public,State of New York Notary Public No.02KI5056823 Qualified in Nassau County Term Expires March 11,AM 2®/4L-' ADDENDUM TO AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 The following paragraph: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor, dated October 27, 2011. is hereby amended to read as follows: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON, agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor, dated October 27, 2011. The use of any dock constructed on or at the end of the right of way shall be shared and enjoyed equally by the then owners of lots 2, 3,and 4. The said owners and/or their successors in interest agree to share and pay equally in the reasonable cost of construction and reasonable cost of maintenance of any dock,if and when they use the dock." Dated: t�J� s AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 WHEREAS,JOSEPH G.BRANTUK and PATRICIA A.BRANTUK,husband and wife,are the owners of premises known as 44632 Main Road,Southold,New York, having purchased said property on March 15,2005 from JOHN MEYER and GAIL MEYER. See attached deed; and WHEREAS,STANLEY FREEDNER and DOREEN FREEDNER,residing at 217 Sycamore Avenue,Ronkonkoma,New York 11779,are the owners of Lot No. 3 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,TIMOTHY COFFEY,residing at Main Rod,Peconic,New York 11958,is the owner of Lot No.4 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the BRANTUK property is also known as Lot No.2 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the predecessors in title were JOHN SCOPAZ and LINDA SCOPAZ,his wife,and MOHRING ENTERPRISES,INC.; and WHEREAS,the deed from MOHRING ENTERPRISES,INC. to SCOPAZ allowed for the right to construct a dock in common with others who used a 50' right of way. (See deed attached hereto and made a part hereof.) WHEREAS,said deed from MOHRING ENTERPRISES,INC. reserved the right to reduce the 50 foot right of way from the Northerly boundary of Lot No. 3 to Richmond } . Creek to a 25 foot right of way,subject to the approval of the Southold Town Planning Board; and WHEREAS,BRANTUK has filed an application to construct a dock with the Southold Town Trustees; and WHEREAS,the owner of Lot No. 1 on the minor subdivision map of MOHRING ENTERPRISES,II is DR. NANCY C.PEARSON; and WHEREAS, said DR. NANCY C.PEARSON does not wish to join in nor benefit from the construction of a dock as proposed by BRANTUK; and WHEREAS,DR. NANCY C.PEARSON does hereby relinquish any and all rights to participate in the construction of and ultimate use of a dock with BRANTUK and/or other lot owners; The.undersigned,JOSEPH G. BRANTUK,PATRICIA B.BRANTUK, STANLEY FREEDNER,DOREEN FREEDNER and TIMOTHY COFFEY,do hereby indemnify and hold harmless DR. NANCY PEARSON for any liability on account of the construction or use of the dock. SUBJECT TO approval from the Southold Town Planning Board,the owners of Lot Nos.2,3 and 4 agree to extinguish part of the existing right of way over the property of DR.NANCY C.PEARSON,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor, dated October 27,2011. Said'extinguishment shall be in the form of a recordable document to be filed with the Suffolk County Clerk in form approved by the Southold Town Planning Board. SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C.PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER and DOREEN FREEDNER over a part of the area of the existing right of way,consistent with the map prepared for JOSEPH BRANTUK and NANCY C.PEARSON, by Howard W.Young,licensed land surveyor,dated October 27,2011. Simultaneously with the execution of the required deed documentation,DR. NANCY C. PEARSON shall provide written documentation addressed to all permitting agencies, withdrawing all opposition to the pending application for construction of a dock by JOSEPH BRANTUK. Dated: ,2012 Owner of Lot No. 1: Owners Lo o. L Dr. Nancy Pearson /1+6h . Brantuk 4 VP �4� C/A,��r atricia A. Brantuk Owners of Lot No. 3: Owner of Lot No.4: Stanley Freedner Timothy Coffey Doreen Freedner a STATE OF NEW YORK) COUNTY OF SUF,FOLK)ss.: 77 On the O�� day of ,in the year 2012, before me,the undersigned,personally appeared NA CY C. PEARSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. (2)6&ea Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK)ss.: On the da of y , in the year 2012, before me,the undersigned,personally appeared JOSEPH G.BRANTUK and PATRICIA A. BRANTUK,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signature on the instrument,the individuals or the persons upon behalf o which the individuals acted,executed the instrument. PEtER 1R. Mo.MY 5-�ggyf+�w Mak Term aw SOL 30,ZO�� r Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared STANLEY FREEDNER and DOREEN FREEDNER, personally known to me or proved to me,on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared TIMOTHY COFFEY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public ADDENDUM TO AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 The following paragraph: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor,dated October 27, 2011. is hereby amended to read as follows: "SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C. PEARSON, agrees to convey fee title by recordable deed to the owners of Lot No. 2, JOSEPH G. BRANTUK and PATRICIA A. BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER AND DOREEN FREEDNER over a part of the area of the existing right of way, consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor, dated October 27, 2011. The use of any dock constructed on or at the end of the right of way shall be shared and enjoyed equally by the then owners of lots 2, 3,and 4. The said owners and/or their successors in interest agree to share and pay equally in the reasonable cost of construction and reasonable cost of maintenance of any dock, if and when they use the dock." 1 Dated: !VL1 3 Joe G.I ntu Patricia A. Brantuk AGREEMENT AMENDING AND SUPERSEDING PROPERTY AGREEMENT EXECUTED IN THE YEAR 2009 WHEREAS,JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,husband and wife,are the owners of premises known as 44632 Main Road,Southold,New York, having purchased said property on March 15,2005 from JOHN MEYER and GAIL MEYER. See attached deed; and WHEREAS, STANLEY FREEDNER and DOREEN FREEDNER,residing at 21 ,7 Sycamore Avenue,Ronkonkoma,New York 11779,are the owners of Lot No. 3 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,TIMOTHY COFFEY,residing at Main Rod,Peconic,New York 11958,is the owner of Lot No.4 on the minor subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the BRANTUK property is also known as Lot No. 2 on the minor. subdivision plan prepared for MOHRING ENTERPRISES,II; WHEREAS,the predecessors in title were JOHN SCOPAZ and LINDA SCOPAZ,his wife,and MOHRING ENTERPRISES,INC.; and WHEREAS,the deed from MOHRING ENTERPRISES, INC. to SCOPAZ allowed for the right to construct a dock in common with others who used a 50' right of way. (See deed attached hereto and made a part hereof.) WHEREAS, said deed from MOHRING ENTERPRISES,INC. reserved the right to reduce the 50 foot right of way from the Northerly boundary of Lot No. 3 to Richmond Creek to a 25 foot right of way,subject to the approval of the Southold Town Planning Board; and ° WHEREAS,BRANTUK has filed an application to construct a dock with the Southold Town Trustees; and WHEREAS,the owner of Lot No. 1 on the minor subdivision map of MOHRING ENTERPRISES,II is DR. NANCY C.PEARSON; and WHEREAS, said DR. NANCY C. PEARSON does not wish to join in nor benefit from the construction of a dock as proposed by BRANTUK; and WHEREAS,DR. NANCY C.PEARSON does hereby relinquish any and all rights to participate in the construction of and ultimate use of a dock with BRANTUK and/or other lot owners; The undersigned,JOSEPH G. BRANTUK,PATRICIA B.BRANTUK, STANLEY FREEDNER,DOREEN FREEDNER and TIMOTHY COFFEY,do hereby indemnify and hold harmless DR.NANCY PEARSON for any liability on account of the construction or use of the dock. SUBJECT TO approval from the Southold Town Planning Board,the owners of Lot Nos.2,3 and 4 agree to extinguish part of the existing right of way over the property of DR. NANCY C. PEARSON,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON,by Howard W.Young,licensed land surveyor, dated October 27,2011. Said extinguishment shall be in the form of a recordable document to be filed with the Suffolk County Clerk in form approved by the Southold Town Planning Board. SUBJECT TO the approval from the Southold Town Planning Board, DR. NANCY C.PEARSON,agrees to convey fee title by recordable deed to the owners of Lot No. 2,JOSEPH G. BRANTUK and PATRICIA A.BRANTUK, subject to the rights of TIMOTHY COFFEY,STANLEY FREEDNER and DOREEN FREEDNER over a part of the area of the existing right of way,consistent with the map prepared for JOSEPH BRANTUK and NANCY C. PEARSON, by Howard W. Young,licensed land surveyor,dated October 27,2011. Simultaneously with the execution of the required deed documentation,DR. NANCY C. PEARSON shall provide written documentation addressed to all permitting agencies,withdrawing all opposition to the pending application for construction of a dock by JOSEPH BRANTUK. ' Dated: ,2012 Owner o of No. 1 Owners of Lot No. 2: Dr.Nancy Pearson Joseph G.Brantuk Patricia A. Brantuk Owners of Lot No. 3: Owner of Lot No.4: Stanley Freedner Timothy Coffey Doreen Freedner 4 R STATE OF NEW YORK) COUNTY OF SUFFOLK )ss.: On the_�T day of d ,in the year 2012,before me,the undersigned,personally appeared NANCY C. PEARSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument,and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual of the person upon behalf of which the individual acted,executed the instrument. Notary Public WILLIAM H. PRICE,JR: Noiary Public, State of New York No. 4644944, Suffolk County Term Expires February 28, 20W STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared JOSEPH G. BRANTUK and PATRICIA A. BRANTUK,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that,they executed the same in their capacity-,and that by their signature on the instrument,the individuals or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012,before me,the undersigned,personally appeared STANLEY FREEDNER and DOREEN FREEDNER, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of ,in the year 2012, before me,the undersigned,personally appeared TIMOTHY COFFEY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public Rrm 8002 Bargain and Sale Deed,with Covenant againit Grantor's Acts—Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ------------------ THIS INDENTURE,made the day`of ,in the year 2012 BETWEEN JOSEPH G.BRANTUK AND PATRICIA A.BRANTUK,RESIDING AT 44632 MAIN ROAD, SOUTHOLD, NEW YORK 11971; STANLEY FREEDNER AND DOREEN FREEDNER,RESIDING AT 2157 SYCAMORE AVENUE,RONKONKOMA,NEW YORK 11779; AND TIMOTHY COFFEY,RESIDING AT 44900 ROUTE 25, SOUTHOLD,NEW YORK 11971; party of the first part,and NANCY C.PEARSON RESIDING AT 3258 SOUTH HARBOR ROAD,SOUTHOLD,NEW YORK 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten and 00/100($10.00) dollars paid by the party of the second part, does hereby grant and release unto ,the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain part of a right-of-way over a piece or parcel of land situate,lying and being in the Town of Southold,at Southold, County of Suffolk and State of New York, more particularly bounded and described in "SCHEDULE A" annexed hereto as depicted in "SCHEDULE B" Boundary Alteration Map prepared for Joseph C. Brantuk and Nancy C. Pearson made by Young and Young,last dated October 27,2011. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Joseph G.Brantuk Stanley Freedner Patricia A.Brantuk Doreen Freedner Timothy Coffey I y _ ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012 , before me the undersigned, personally appeared Joseph G. Brantuck and Patricia A. Brantuk personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012, before me the undersigned, personally appeared Stanley Freedner and Doreen Freedner personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012, before me the undersigned, personally appeared Timothy Coffey the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE * State of County of , ss: * (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis,of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. To Section: Block: Lot: County or Town: SCHEDULE A November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk& Nancy C. Pearson Right of Way #2 (Right of Way Over Portion of,Parcel B to be Abolished for Lot 1) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, .situate, lying and,being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1., as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more,particularly bounded and described-as follows: BEGINNING at a point at the southeasterly corner of land now-or formerly Little Bear Realty, Inc., said point being situate South 09 deg. 25 min. 28 sec. East as measured alone easterly line ,of land now or formerly Little Bear Realty,Inc. 45APeet from the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II ' and Lot 2, Minor Subdivision, "M'ohring,Enterprises II"; RUNNING thence from said point of beginning South 09 deg. 25 min. 28 sec. East through Parcel B 26.71 feet to a point; RUNNING thence along Parcel At-he following three (3) courses and distances: I. South 59 deg. 59 min. 11 sec. West 263.2feet, 2. South 30 deg. 00 min.-49 sec. East 15.00 feet, 3. South 59 deg. 59 min. 11 -sec. West 82.77 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the,high water mark of Richmond Creek the following two (2) courses and distances: 1. North 15 deg. 48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc.; RUNNING thence North S9 deg. 59 min. 11 sec. East along land now or formerly Little Bear Realty, Inc. 352.17 feet to the point or place of Beginning. Young & Young 400 Ostrander Avenue,Riverhead.New Yvr4 IIS LY 637-727-2303 R4we.a r r°Nnp cane SLrvrp°r Th4mm G►alp�rl Prvlfrai4,lal Lnginrrr z 0°uplm F Adu Pr°J,nonW£nplmrt n R°Errl C T—,Arrhllrvt 3 NOTES I LOT NIII�ER9 REFER TO MINOR SUBD1 V1510N-,NgglNb ENTERPRISES 11'FdED IN TIE OFflLE OF TIE TOHPI OP SOUTHOLa M NOT FWD IN THE OFFICE OF TME LLERR OF I., ° OLK CalNTT W C ::SITE'' ., CER Of'or on so�sLor I NANCY c PEArIsoNTAIN AREAS _ now or formerly �od�By pnd® - o34T4^ Gorey Greek LLC, FrO�Bsca .� PARCEL A 4R42eK �,-J• '� I (SUbject to 50F.1k County Development Rights) + 4n.E �� \ LOT 3,IOSEPN.PATRILIA BRANTLK .2-1 K O\' •03414 A ^••..oe� ` 9�• PAFLFI.H .5544 K 511-52.40-E INAre 409 99' ° AFTER APPROVAL OP This nM AND--is r.QRM® p \ nl '1 F O 15 THE INTENT ATP A WILL EE OWNED BY NANCY L -r� aX PEARSON Alla TNAi PANLEL B wILL RE ANTED BY.FfEPN i A. r� 4LLLJJIJI'�.o�r 1{ � BRANRK r PATRICIA BitAMLK KEY MAP I 0 �s3 4� �el�"{�I{• gu Q � �' �'o xALE•I.(� I C0- ILOL �LLJ I F ..--y�v_ W���p1 °' � � '"m•°`F cG ` O= W W =A c G IS Y t>S O O O_0 m gpO 0Yi ue W Zii '6 '00 R E O °m' f' f9 (ll U"m 3 6 `�'. Q ? m9 REPUTID oNP+ERs o o �� [ E w a o o m s o w Lor I NANGYPro BGOb91 •`" ++'O W O T m �•`9, r 7 s3sa eanH NARBofl ROAD �W l } " O S W ° NOLs KY 11411 Lot 4 Minor Subdivision w0 `0 0 � G `.,a_J �=v "Mohring Enterprises II" F 6'010 tB OYp,N Q W N 9�is4 bB p 3 HOW Or formerly I N,C 0 O W OIL N p o -T2 l000-,s-GY-T3 FO > S sov25�2 -E Mew OF WAt'pl o �-py Timoth GofFe O a „ W O •PATRI�AtNtAH1K 7111 m --'r<''26'_ _ 1w.°,., ,y (S+bjBct to Suffolk GDlmty Development Rights) , °� sarr BHas Al.�m � I-� 111 W 7041 ry i 1`xl N I V W➢ a' s \�` OtY N `, EXISTING n rhag 7299' 3�� PROPERTI'Ltd fi . E (_] 45,68 1W'- I�S�a _— --____�-T__—__ SII �---_.$ _ see• F��r-iI Tj� ��L F_J-°---- °p fllwT or g ...s.m. In.7' FA+ G E%ISTIN6 �(t�,�T+`• 4 flIGHT Cd' WAY U ROW WAY I 047' PROPMUY LINE \ 1'`r H�� '� N Is•3s-B'w +4s 144wT °,s I4B.00, 9 SURVEYORS CERTIFICATION U / BI943 4 8550 NI1•IODB7 S14f0 N04•gp2BY N09.1028'W NO9��w 97070' 609°25'2B•E .11 \ NIB•03'35Y1 T W2'V NPS•9T30'w N09°40'2B•W TN5 MM PREPARED FROM FIELD SURVEYS LOI�LPTCD 2671' iFD \ I 5169' y Rl&HT OF wAY-9 30 2—Alro rR REcoRD HAPS r AERIAL §9 FROPOSM C 5 11t \ PROp@2Tr LINE E`1- Ior f \ w Little Bear Realty,Ina. Z \ _nyDN o d c i - a RIGHT OF WAY 41 ,nib V Tom'-_ 11161 OP WAY IIS PROP OOO• AA 'E 1Gp 0. p � (/� 9 N 1—"r•���aTPROPERTY LIIg HOWARD w YOIPK NY5 L9 NO i5B43 RI6NT OF WAY u2 V y I RI6NT OF WAY o2 s \VV 5 p w 04 4ir1•W MAP PREPARED FOR N99.4429•W NIS'Ob'48°W 4456' 5 �' \\ re 2154' NrT°41'26 W JOSEPH BRANTUK $ t5p \� NIS°4B'44'W 15.46 NIS•48'44'W """'° 19pG 99.22• NANCY G. PEARSON W� \\ RICHMOND CREEK a DETAIL �� \ At PeLonw,Town of Southold Suffolk County,New York xALE.r.sc \ BOUNDARY ALTERATION MAP 2B 45' zly, NI7'4126"W leeAA'2a'� ryl�'S 48'44•W NIS°4B'44RY 1 RICHMOND GREEK _. g, • SOME 1-.100 I .Xs No 3onolel a•Nx•e,rn • Irmo Q.GrAa Der A•erAre eaw of DYlS 3004_OTIS_3011_OOIDI Talt I Form 8002—Bargain and Sale Deed,with Covenant L Grantor's Acts—Individual or Corporation(Single Sheet) s 'q-CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ------------------ THIS INDENTURE,made the day of ,in the year 2012 BETWEEN NANCY C.PEARSON RESIDING AT 3258 SOUTH HARBOR ROAD,SOUTHOLD,NEW YORK 11971 party of the first part,and JOSEPH G.BRANTUK and PATRICIA A.BRANTUK,his wife, RESIDING AT 44632 MAIN ROAD,SOUTHOLD,NEW YORK 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten and 00/100($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Southold, County of Suffolk and State of New York, more particularly bounded and described on "SCHEDULE A' annexed hereto. Being and intended to be the area to be transferred from Parcel "A" to Parcel "B" so as to carry out a lot lin ,. modification, as shown on a certain Boundary Alteration Map prepared for Joseph Brantuk and Nancy C. Pearson, made by Young and Young, last dated October 27, 2011, which said map is v j'� 1-=SEH�E�tE-B" and which such lot line modification was approved by Resolution of the Town of Southold Planning Board, dated , 2012. With the subtraction of the area described in "SCHEDULE A" herein, the resulting premises of the party of the first part is more particularly bounded and described on "SCHEDULE C" annexed hereto and indentified as Parcel "A'. With the addition of the area described in "SCHEDULE A" herein, the resulting premises of the party of the second part is more particularly bounded and described on "SCHEDULE D" annexed hereto and identified as Parcel "B". Reserving however to the grantor herein a right-of-way over a portion of Parcel "B" for the benefit of Parcel "A" as described in "SCHEDULE E". SUBJECT to the continuing rights of way of Stanley Freedner, Doreen Feedner and Timothy Coffey over the area described in Schedule "A". The Grantor specifically relinquishes any claim to a right-of-way over the area being transferred to the Grantees providing access to Richmond Creek.and any right to participate in the construction of or use of a dock at the extension of the boundary of the parcel at Richmond Creek being deeded to the Grantees. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets,and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive, such consideration a$ a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: NANCY C.PEARSON i ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE -State of County of SUFFOLK , ss: On the day of , in the year 2012 , before me the undersigned, personally appeared NANCY C. PEARSON personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of County of , ss: On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of County of , ss: On the day of , in the year 20 , before me the undersigned, personally appearedthe subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by,me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) - to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said - witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE * State of County of , ss: * (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. To Section: Block: Lot: County or Town: SCHEDULE A r v ` November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Nancy C. Pearson to Joseph Brantuk,& Patricia Brantuk ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate., lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II" RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; RUNNING thence through Lot 1, Minor Subdivision, "Mohring Enterprises II" the following four (4) courses and distances: I. South 09 deg. 25 min. 28 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 290.00 feet, 3. South 30 deg. 00 min. 49 sec. East 15.00 feet,`� 4. South 59-deg. 59 min. 11 sec. West 82.77 feet to the f approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2) tie-line courses and distances: 1. North 15 deg. 48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc. / r t Page 2 November 9, 2011 RUNNING thence along land now or formerly Little Bear Realty, Inc. the following two (2) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 352.17 feef' 2. North 09 deg. 25 min. 28 sec. West 45.68 feet to the point or''� place of Beginning. CONTAINING an area of 0.2679 Acre. Young & Young 400 ftf-nd r Avenue,Riverhead N'-York 11901 691-727-2309 tl Bouwrd� Yov Lend Sururyvr 1 D ugly X.id—�l.•iand Eng( rr £o4rr1 r T-L A-Alf•rf 3 NOTES - 4 laT MARS R[fIIt Tb MY,OR SICDIv151CW-TY7Hi1N', Id `� aREFPR15E5 11-P62p M TIC OFPaE�TIC TOwY OP •AVRq.D BI!NOT Pn2p M TIC OFFILe OP TIE LLPRK OP '91PPGK LONfIY. f�Marl 6 r-MTAIN AREAS ,x,M• 1 MH Or er� PdebOn ' ' lar 11p41cY c W •55001 ACRES • now Or former) odtey ARdB -o 26 Aare 'k�' Gorey Greek a .` fro�Wab�o tp � � PAR2 •A• .+vase Acrws (SvbjO t to Suffolk County Development Rlghts) \ OVA') �39� l.m s• 'PATRay.Lv°AWn'c :o36 -Re tr+� yr• PAR[Fl.H •55136 ALRF9 51MV401E 40999' •� APTHt APPROVAL W 11A5 MI,P N0 KTION IS G@6lETtD rt } p l is TIE 6lIf3R 1NAT PARCEL A MLLBEof 6Y WANLY G el .3 i .v o yl�. .I,J F U• 6�p W:JR Tw u,e AHuc.rau.BE owlEv BY.ID•vEPW KEY MAP i W - ' Q %1j1y a I� 5GALE,I••6Lo• I O- LL �'- .4 p19• � � •�'� 'c a SO REPUTED 0"eR5 .Nt a-c 1 I a l@Q { r lll �O O V �r�+ pS MANLYL PPA' lei I 1000-06•a6-91 S,'s,;; V-1. 7 935D SarM HARBOR ROAD Lot 4 MUgr Subdivision I m0 U P Cg t I� SIS.m,m� b, t m ,� ��, samlDln W.Y nun -5 Na "Mohring Enterprises il• m_o W I E S m o p �: ea Q �y T� lm2 l000--rs-oa-�� b v b now or formerly I r c o oN I ry ` 1 n 4 u 40 .w w, ,a .PANIC AA 0 _— 1y1 50•1.25'28•E RMW OF MAY WITIrnothy GofFey I J LL i b yp 1� 's �j +w53 n.,M Roe _-G536' ..m•T (SubJeetto Suffolk COudy Development Rights) 5 -_ ,•1! �aR a� �,a, 5olmrxn.Il Y.uvTl �, 28'E •A' � 1p b Ben 1'R! y C a U1➢1;' r •• F IOAI' In �p \`S tON I N _--'e�1I _ ��� FRROMMLINE C 72.99' H 1 / N09•257BY) \\-I IA�T�✓ t` A ti^.-- - --��-- WAY �- L- �� 0.0 M. - c RI T Ol' WAY -----�� OAT' Za Ti 1i f� RWIT 6 E Ew9TIN5 \ %t N Isss=6•w 4vs 16aAT• .e laem' ; o SURVEYORS GERTIFIGATIt7N 55 PROPH2TY LINE / e 165.50 N14•lo'36-w s4ao• •�'36.1T NO9.1078'W NO9.7528Y( 97870' TH5 MAP PREPARED PROM PIFLD suRver9 co.wlerep 509'25.28•E \ V- NI9'10375Y1T Na•a ll N15.4.136M =-'40'28-W J 6 2611' \ I 51b9 0 R16M OF WAY 9 \ F'ROPa�ED JnC 30,]00'1 Alm F7i0M RECORD MAPS.AFTiIAI PHprO6RAPW1' 1S \ FRopmz3 y LIM E V- I now or formerly Little Bear Realty,Ira. W \ N loo— oma b o ;a p I RIGHT OF WAY 61 2w —*h— FROPOSEa _OF WAY a3 oe... PROPERTY LINE 1 •� rz I;` pp v y �eee..•. veu�m •n'^ O \\ •€.E S R \\Q RIGHT OF WAY a2 w YLIM+N.Y3 LS NG 4S5'e v O• � \ y 1 k rasNT of KAY p2 u9 \\1' po 1 NO4 47nsv MAP PREPARED FOR \ N53.4479•W NI3.O6'46•W 0 4458' \ 2144• M'7'41'26*W 1 \ N '48'44M8 • J05EPH BRANTUK 8�0 wJ54 '44W ! \ 9373' NANCY 0. PEARSON - DETAIL RICHMOND GREEK At Peconlc,Town of 5ovthold c \ Suffolk Golmty,Naw York \� scxe,r•sa \ 1 • BOUNDARY ALTERATION MAP Ni 4126•w 9373'. N15.4a 44'W NIs•48'441W € 19A9' e RICHMOND GREEK `P 10 ;,"moe p.Waue,.ro . rrAw A•arnx xr A.m..e rno r•1oo .a9 No 3011-0161 I OF 1 wl0 3ap4�llS�On_aD1d_bw.4}Pa SCHEDULE C November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel A (Confirmation Description Nancy C. Pearson After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II", said point being situate North 63 deg. 55 min. 53 sec. East as measured along said division line 26.0Q/feet from the easterly line of land now or formerly Little Bear Realty, Inc.; RUNNING th rice from said point of beginning North 63 deg. 55 min. 53 sec. East aloR7aid division line and along land now or formerly Corey Creek LLC 542.21 feet to land now or formerly Bradley Anderson & Francesca Anderson; RUNNING thence South 27 deg. 01 min. 47 sec. East along land now or formerly Bradley Anderson & Francesca Anderson 233.34 feet to land now or formerly Nancy C. Pearson; RUNNING thence South 60 deg. 31 min. 07 sec. West along land now or formerly Nancy C. Pearson 987.29 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following four (4) tie-line courses and distances: 1. North 04 deg. 47 min. 11 sec. West 73.51 feet, 2. North 13 deg. 06 min. 48 sec. West 44.58 feet, 3. North 17 deg. 41 min. 26 sec. West 39.74 feet, 4. North 15 deg. 48 min. 44 sec. West 33.22 feet to land this day acquired by Joseph Brantuk & Patricia Brantuk; Page 2 November 9, 2011 RUNNING thence along said land the following four (4) courses and. distances: I. North 59 deg. 59 min. 11 sec. East 82.77 feet, 2. North 30 deg. 00 min. 49 sec. West 15.00 feet, 3. North 59 deg. 59 min. 11 sec. East 290.00 feet, 4. North 09 deg. 25 min. 28 sec. West 70.47 feet to the point or place of Beginning. CONTAINING an area of 4.9628 Acres. TOGETHER with a certain right of way. SCHEDULE D ` November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel B (Confirmation Description Joseph Brantuk & Patricia Brantuk After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being Lot 2 and a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II ' filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II"• RUNNING thence from said point of beginning along land now or formerly Little Bear Realty, Inc. the following three (3) courses and distances: 1. North 09 deg. 25 min. 28 sec. West 333.02 feet, 2. North 09 deg. 10 min. 28 sec. West 148.00 feet, 3. North 09 deg. 40 min. 28 sec. West 51.63 feet to Lot 3, Minor Subdivision, "Mohring Enterprises II"; RUNNING thence North 78 deg. 07 min. 20 sec. East along Lot 3, Minor Subdivision, "Mohring Enterprises II" 483.57 feet to land now or formerly Corey Creek LLC; RUNNING thence South 11 deg. 52 min. 40 sec. East along land now or formerly Corey Creek LLC 403.99 feet to land now or formerly Nancy C. Pearson; Page,2 November 9, 2011 RUNNING thence South 63 deg. 55 min. 53 sec. West along land now or formerly Nancy C. Pearson 496.65 feet to the line of land this day conveyed by Nancy C. Pearson; RUNNING thence along said line of land the following four (4) courses and distances: I. South 09 deg. 25 min. 28 sec. East 70.47 feet,) i 2. South 59 deg. 59 min. 11 sec. West 290.00 feet, 3. South 30 deg. 00 min. 49 sec. East 15.00 feet, 4. South 59 deg. 59 min. 11 sec. West 82.77 feet to theJ approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2) tie-line courses and distances: 1. North 15 deg.'48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or , formerly Little Bear Realty, Inc.; i RUNNING thence along land now or formerly Little Bear Realty, Inc. j the following two (2) courses and distances: �i 1. North 59 deg. 59 min. 11 sec. East 352.17 feet, 2. North 09 deg. 25 min. 28 sec. West 45.68 feet to the point or J place of Beginning. CONTAINING an area of 5.5726-Acres. i TOGETHER with and subject to certain rights of way. i SCHEDULE E r November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Right of Way #1 (Right of Way Over Portion of Parcel B for the Benefit of Parcel A) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II" RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; RUNNING thence along Parcel A the following two (2) courses and distances: 1. South 09 deg. 25 min. 28 sec. East 70.47 feet, j 2. South 59 deg. 59 min. 11 sec. West 26.71 feet to a point; RUNNING thence North 09 deg. 25 min. 2,8 sec. West through Parcel B and along land now or formerly Little Bear Realty, Inc. 72.39 feet to the point or place of Beginning. I LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 r FAX (631) 727-7451 E-Mail: pdanowski@danowskilaw.com JOHN P TAGGART,ESQ. jtaggaa@danowskilaw.com 4`` l'y FS January 23, 2012 ' JAN 24 2012 Southold Town Planning Office P.O. Box 1179 Southold,NY 11971 Re: Proposed Lot Line Modification of Brantuk and Pearson Dear Sir/Madam: As a follow up to my October 12,2011,letter,I enclose for your review copies of the proposed deeds in regard to the lot line modification. Please review and advise if these deeds meet the Board's approval. Very truly yours, S ()G&� . Peter S. Danowski,Jr. PSDI15]2) Enclosures cc: Mr. and Mrs.Joseph Brantuk Fo:yn 8002-Bargain and Sale Deed,with Covenant 'it Grantor's Acts—Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ------------------ THIS INDENTURE,made the da of ,in the year 2012 BETWEEN JOSEPH G.BRANTUK AND PATRICIA A.BRANTUK,RESIDING AT 44632 MAIN ROAD, SOUTHOLD, NEW YORK 11971; STANLEY FREEDNER AND DOREEN FREEDNER,RESIDING AT 2157 SYCAMORE AVENUE,RONKONKOMA,NEW YORK 11779; AND TIMOTHY COFFEY,RESIDING AT 44900 ROUTE 25, SOUTHOLD,NEW YORK 11971; party of the first part,and NANCY C.PEARSON RESIDING AT 3258 SOUTH HARBOR ROAD,SOUTHOLD,NEW YORK 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten and 00/100($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain part of a right-of-way over a piece or parcel of land situate,lying and being in the Town of Southold,at Southold, County of Suffolk and State of New York, more particularly bounded and described in "SCHEDULE A" annexed hereto as depicted in "SCHEDULE B" Boundary Alteration Map prepared for Joseph C. Brantuk and Nancy C. Pearson made by Young and Young,last dated October 27,2011. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party"shall be construed as if it read"parties".whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Joseph G.Brantuk Stanley Freedner Patricia A.Brantuk Doreen Freedner Timothy Coffey 1� ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012 , before me the undersigned, personally appeared Joseph G. Brantuck and Patricia A. Brantuk personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012, before me the undersigned, personally appeared Stanley Freedner and Doreen Freedner personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of NEW YORK County of SUFFOLK , ss: On the day of , in the year 2012, before me the undersigned, personally appeared Timothy Coffey the subscribing witness to the foregoing instrument, with whom I am personally 'acquainted, who being by me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE * State of County of , ss: * (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. To Section: Block: Lot: County or Town: SCHEDULE A November 9, 2011 JOSEPH BRANTA & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York , Surveyor's Description - Boundary Alteration Map Joseph Brantuk&Nancy C. Pearson Right of Way #2 (Right of Way Over Portion of Parcel B to be Abolished for Lot I) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more.particularly bounded and described as follows: BEGINNING at a point at the southeasterly corner of land now or formerly Little Bear Realty, Inc.,, said point being situate South 09 deg. 25 min. 2.8 sec. East as measured along the easterly line of land now or formerly Little,Bear Realty,Inc. 45.68 feet from the "division line between Lot 1, Minor Subdivision, "Mohring.Enterprises II" and Lot 2, Minor Subdivision, "M'ohring Enterprises II"; RUNNING thence from said point of beginning South 09 deg. 25 min. 28 sec. East through Parcel B 26.71 feet to a point; RUNNING thence along Parcel A the following three (3) courses and distances: 1. South 59 deg. 59 min. I I sec. West 263.29 -feet, 2. South 30 deg. 00 min. 49 sec. East 15.00 feet, 3. South 59 deg. 59 min. 11 sec. West 82.77 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2)- courses and distances: 1. North I5 deg. 48 min. 44 sec: West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc.; RUNNING thence North 59 deg. 59 min. 11 sec. East along land now or formerly Little Bear Realty, Inc. 3S2.17 feet to the point or place of Beginning. Young & Young 400 Ostr¢nder Avenue.R<yerhe¢d.Neur Y¢Yk 11001 631-727-2000 Z H,-,d m Y -L¢nd Survry¢r TAvrnm C Ir•Iperl.Pr¢Jevemn¢f kYrB.nrer 0¢u0fm£Adnmr rr¢Jeae[•n¢l Lnginerr n R9Eew C Tmf,ArtRfleel 3 NOTES 1 LOT NUM3ER9 REPeR TO MNOR SUeDIVI510N-'M01RIN6 ENTERPRISES II•FILED IN THE OPPILE OP TtE TOw1 OF sounaLv arr Nor TILED w T12 oFFlce oP TNe eLERc oP suFFax couwrY u t Ld \ �•�'.4 '°t' or Wide"on `'^spLar I NANcr c Pe CERTAIN AREAS •s.]sm+.c us ^v_ae \a de _ -o]6w noAcne w or formerly ad y Pn ^•"'� Gorey Greek LLC •, pnLe6La q' S� PARCEL•A 9636 a i 0un (subject to SOF.lk 0ty Development Right.,) Qn.E .�99 LOT].YJSF3M r PATRICIA BRAHIIIIC .99017 A— \ .0]679 AL STrp PA m H •557]6 ALRES rn.«e an9. 511°52'40"E 40999' AFTER APPROVAL oP THI9 MAP Alm ACTON 19 LOMPLESED R A� � �9 � °• 1PeA�R50N��r PEEL ewi+oiL I s„> .3 a �• r .,. „; sem"= 3 O aRANTUS•PATRILIA 0RA1mlIC KEY MAP scALe,r•boo o- LL lY,�.-�-'��•� b > 11-2 1 e", REPUTED 0ru+ER5 dj o O sV,fa;Lt Ft a F u 6 y o �m rm 8 m'� I.or I sub salluRLeoRRow Lot 4 Minor Subdivision 5 ��FvY+'YY �'T o•vPF,�,—reYld`S•I�p �, FIfm6oc�m "Mohring Enterprises II" d0I6 �0F_2Y_- i(I a g p5 pw ndd�'¢ �`,`W'>•g A N\,t�' my°��,6 4a —2 o mRnow or formerly 0 o j ° saaAm.RIO�+blS0.EGLpoDMAo5O9'25'2H-E R16W OF WAY MI Timothy Coffey ° 9 to aty Delopmnt igh -632 __ --___ (subpa sN�ABNIN.RY hRMONnrArIAKDlcl R Y nml Iw-1 7 % 70 504]B•E \ I �•r , N 70 47' a 1S'� °' \\�•b♦ty� Y lII N ¢r�`I v�� faxOf�xm LINE W / RIUr O My Y q 3671• x EwsTtN6 NO.2s2Bw \ \7na� Z MMT OF war G n aow —T— oar V PROPERT'LIFE! \ �OY� N14•lo'u'rt 574.00' N Is•u.e•W xn5o t noT�7v .,F,,.r. 14H,Lyj' Nog°25'2B°W SURVEYORS CERTIFICATION N09.102B'W 978 70' a THIS MAP PREPARID PROM PIF1D SURVEYS COMPLeIED 609°25'28'(/ \ V- Ne'O]]5'wT NI3'13']7V NIS'�4T 26 TI' \ T —9 J11E]O]Oai AND FROM RELORD MAP$a AERIAL` \ PROPOSID r� C SIb9' u ? RIGHT OF WAY¢3 PNoro6RAPNY 3 rl O 5 \ PROPHZTY LINEnaw or formerly W $v \ o Little Bear Realty,InG o a> I RIGHT OF WAY¢I m W5 111,11111,11OP AY FROPOSID `,9�0 O• g � 0 �n...o. e. PROPERTY LIFE: D� (� ° \O� HOWARD W YOUNb NYS LS NO 45693 3 gS Y 6 Q \\°O R16HT OF WAY¢2 AAeJJ 'A \ 00, 7951' R16HT OF WAY 02 \ 5'A• O• N04.4711•W MAP PREPARED FOR N93°44'29'W 445J)' 68° \� _ 2154 3q;41'261W JOSEPI f BRANTrJK & \A nrrn,r«� NIS°481 Oq N54844•W 9922 NANCY G. PEAR50N \� RICHMOND GREEK d DETAIL a° \ At Peconlc,Town of Southold Suffolk County,Naw York scALe,r•sc \ BOUNDARY ALTERATION MAP Ni 5 NIT41'26'W NIS°-4B'-M14°W � • 1909' e RICHMOND CREEK of ERAL AMENDr9?} DLT],,]D I I MAP PREPARED NOV D3.3009 SCALL I-.100 .bB NO]011-x161 I OP I DWb]004_0715011_00101 r+'•.-� Form$002—Bargain and Sale Deed,with Covenant agar ,antor's Acts—Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ------------------ THIS INDENTURE,made the day of ,in the year 2012 BETWEEN NANCY C.PEARSON RESIDING AT 3258 SOUTH HARBOR ROAD,SOUTHOLD,NEW YORK 11971 party of the first part,and JOSEPH G.BRANTUK and PATRICIA A.BRANTUK,his wife, RESIDING AT 44632 MAIN ROAD,SOUTHOLD,NEW YORK 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten and 00/100($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or' parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Southold, County of Suffolk and State of New York, more particularly bounded and described on "SCHEDULE A" annexed hereto. Being and intended to be the area to be transferred from Parcel "A" to Parcel "B" so as to carry out a lot line modification, as shown on a certain Boundary Alteration Map prepared for Joseph Brantuk and Nancy C. Pearson, made by Young and Young, last dated October 27, 2011, which said map is annexed hereto as "SCHEDULE B" and which such lot line modification was approved by Resolution of the Town of Southold Planning Board, dated J2012. With the subtraction of the area described in "SCHEDULE A" herein, the resulting premises of the party of the first part is more particularly bounded and described on "SCHEDULE C" annexed hereto and indentified as Parcel "A". With the addition of the area described in "SCHEDULE A" herein, the resulting premises of the party of the second part is more particularly bounded and described on "SCHEDULE D" annexed hereto and identified as Parcel "B". Reserving however to the grantor herein a right-of-way over a portion of Parcel "B" for the benefit of Parcel "A" as described in "SCHEDULE E". The Grantor specifically relinquishes any claim to a right-of-way over the area being transferred to the Grantees providing access to Richmond Creek and any right to participate in the construction of or use of a dock at the extension of the boundary of the parcel at Richmond Creek being deeded to the Grantees. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: NANCY C.PEARSON ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of County of SUFFOLK , ss: On the day of , in the year 2012 , before me the undersigned, personally appeared NANCY C. PEARSON personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of County of , ss: On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person•upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of County of , ss: On the day of , in the year 20 , before me the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE * State of County of , ss: * (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. To Section: Block: Lot: County or Town: SCHEDULE A November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Nancy C. Pearson to Joseph Brantuk & Patricia Brantuk ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II"• RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; r RUNNING thence through Lot 1, Minor Subdivision, "Mohring Enterprises II" the following four (4) courses and distances: 1. South 09 deg. 25 min. 28 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 290.00 feet, 3. South 30-deg. 00 min. 49 sec. East 15.09 feet, 4. South 59 deg. 59 min. 11 sec. West 82.77 feet to the approximate high water mark of Richmpnd Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2) tie-line courses and distances: 1. North 15 deg. 48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc. Page 2 November 9, 2011 RUNNING thence along land now or formerly Little Bear Realty, Inc. the following two (2) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 352.17 feet, 2. North 09 deg. 25 min. 28 sec. West 45.68 feet to the point or place of Beginning. CONTAINING an area of 0.2679 Acre. Young & Young 400 Oe(randar A—.Aiurrhand,Naw Y-k 11601 631-727-2303 b Neuwrd d-7ounPPyyrrvvLund Sururyer 2 Douglva E.Ad m�A➢roJranonN Enp(nrm 4 Ae6rrl C.T-L A-hfhH 3 NOTES 1 lOI NR06[5 rs�ER TO M110ft StEDIV1510N-TgRlN6 BlIEr8R15e5 II'Fn•n M TlE OFPILe OP TIE TOWI OF samrno Bur Nor FLLm M TBe aFF¢e oP TBE ciinc oP swrouc rant W ,br1y s CERTAIN AREAS no"1e0y F 40 a� 5GOn IAr I NM�GY O PCAFAN K/LF�'"E ?� nOW Or fofinef ly w oo"'" PARGB'A' •45605 Kf✓F5 Gorey Greek LLG \ IF'o-0 to Suffolk County Dave:lop—t Rights) �9 LOT]J05FA1 a PATRILIA BRANRK •53PW KRFS Olp•1•E .o.6ta Kis y5rr PutrA H' .55l]6 KB6 9II.52'40'E 409 99' p APTEi AITROVAL OP TBxS MM AIm KTION 19 ONPIETED R TBR M1E1lr THAT PAFOBl A BULL BE OW FD BY NA1CY G ' \ s ^I ,� [ �a'� roc f b �9 g+NmK PATRKIA BRANnKMLL Be P'e®BY Jo9EPx KEY MAP 50Aa.E,1••600' C- LL /�- �` ( .®'�' S O i m. '-a,"j > a m ;m y 3 y-.1, •0 REPUTED OPOLMS �pG3 � � 3 m UR■ —m LLI T P (1 O�� � O 1WIGY O PB/JL^Otl T, LOr I bO0-D6�6-91 �' !� C lm F tT'� ' �B 5L1lfNOLD N.Y�119KII Lot 4 Minor 5ubdivislon `O� y,Q;f 1 c w`m a 0 "o •Mohring Enterprl6 5 11' f c;� to I •c F E��m. - e $ o p �p r -Y2 l000-�5c6-7� b b no.or formerly m o°m n .�m $ u ' m o ,"a .PAm 0AA1fILK -_ ARAB. -509.25t28•E MSW OF PLAY 01 Timothy GoFFey t Q _ --55 6' aB (Subject to Suffolk Gamty Develop—t Rights) ! J LL U SolmGly N.Y�itaKil P a a ,0.40q.25'2 9� N 4Q Ex15TIN6'P p �' a• \ (y I •eat' FROPE M UNE 6 asbe \\ 00-v 00 --'------w------"------ T----- -1L --- --- r---$$ ..ate-- : ao seB• �a� + �7$ Ex15nN6/ •25�e•YV \\S- \H p y PoONT or WAY 6 -p nom •o xrcJ+r [r wM T 047' o6-n PROPERTY UNE •MpF�' Nu•lo'3e�+ s+oo' N 15•ss=D'W + Nai�ioietil '4 1�m' gy SURVEYOR5 GERTIFIGATION 509°25'29'E \ IU91S1YT a 10550' N09.4O7NOq*B7Y0� NO9.257971 979.70' Ni3•I]7 T1 N15•+T'1091 RI6Nf OF WAY a3 .NES 30O'f FAOH NFYOWD MAPS a AER PIIDrCGRAP9IY \ PROPOSED m \ PROPERTY UNE E`-t m I nota or formerly Little Beor Rcoltg,Inc s 1I RI6M OF WAY NALP AA R16W OF WAY 03 C PROPOsm ;r�i0•� __ VI $SL i a�o PROPERTY UNE VO \� wAe.A.B•.. - � .ve lig� R*W OF WAY•2 �W YOlws NY3 L5 N0.+5B.0 G \ Y \ OO'� 7951' RI6Nr'oF HAY 02 \\1'�po.—� "Oq'47u•W MAP PREPARED FOR N� \ N93.44291H N19.Ob'48'W 4 004t1 �� mu.A AroP.wa M5'4B'44'YI sv 9a " JOSEPH BRANTUK 4 9D4 9372' NANCY 0. PEAR5ON DETAIL m� \� At Peconw,Town of Southold \' RICHMOND GREEK Suffolk Golmty,New York SGALe�r•5c \�. BOUNDARY ALTERATION MAP NB 4126'W 114 9332' �9•A'ti'1a N15'4944•W N15.49'44•W 19P9' e RICHMOND GREEK 6t7HtAL A+-frNOI@fIH OOT Z'1,]011 HAP P1gPA>ZFD NOV 09,0009 o.,,,,.a,rY. . ra,e o.6,�e<r •.,r.�raPo 5cAt8I•.,,,' e .100 NO Oo1FOIDl I OP 1 or+s�oo+aTo�anaotd a SCHEDULE C November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel A (Confirmation Description Nancy C. Pearson After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II", said point being situate North 63 deg. 55 min. 53 sec. East as measured along said division line 26.09 feet from the easterly line of land now or formerly Little Bear Realty, Inc.; RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line and along land now or formerly Corey Creek LLC 542.21 feet to land now or formerly Bradley Anderson & Francesca Anderson; RUNNING thence South 27 deg. 01 min. 47 sec. East along land now or formerly Bradley Anderson & Francesca Anderson 233.34 feet to land now or formerly Nancy C. Pearson; RUNNING thence South 60 deg. 31 min. 07 sec. West along land now or formerly Nancy C. Pearson 987.29 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following four (4) tie-line courses and distances: 1. North 04 deg. 47 min. 11 sec. West 73.51 feet, 2. North 13 deg. 06 min. 48 sec. West 44.58 feet, 3. North 17 deg. 41 min. 26 sec. West 39.74 feet, 4. North 15 deg. 48 min. 44 sec. West 33.22 feet to land this day acquired by Joseph Brantuk & Patricia Brantuk; r � o Page 2 November 9, 2011 RUNNING thence along said land the following four (4) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 82.77 feet, 2. North 30 deg. 00 min. 49 sec. West 15.00 feet, 3. North 59 deg. 59 min. 11 sec. East 290.00 feet, 4. North 09 deg. 25 min. 28 sec. West 70.47 feet to the point or place of Beginning. CONTAINING an area of 4.9628 Acres. TOGETHER with a certain right of way. SCHEDULE D November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel B (Confirmation Description Joseph Brantuk & Patricia Brantuk After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being Lot 2 and a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises . II"• " RUNNING thence from said point of beginning along land now or formerly Little Bear Realty, Inc. the following three (3) courses and distances: 1. North 09 deg. 25 min. 28 sec. West 333.02 feet, 2. North 09 deg. 10 min. 28 sec. West 148.00 feet, 3. North 09 deg. 40 min. 28 sec. West 51.63 feet to Lot 3, Minor Subdivision, "Mohring Enterprises II"; RUNNING thence North 78 deg. 07 min. 20 sec. East along Lot 3, Minor Subdivision, "Mohring Enterprises II" 483.57 feet to land now or formerly Corey Creek LLC; RUNNING thence South 11 deg. 52 min. 40 sec. East along land now or formerly Corey Creek LLC 403.99 feet to land now or formerly Nancy C. Pearson; Page 2 November 9, 2011 RUNNING thence South 63 deg. 55 min. -53 sec. West along land now or formerly Nancy C. Pearson 496.65 feet to the line of land this day conveyed by Nancy C. Pearson; RUNNING thence along said line of land the following four (4) courses and distances: 1. South 09 deg. 25 min. 28 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 290.00 feet, 3. South 30 deg. 00 min. 49 sec. East 15.00 feet, 4. South 59 deg. 59 min. 11 sec. West 82.77 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2) tie-line courses and distances: 1. North 15 deg. 48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc.; RUNNING thence along land now or formerly Little Bear Realty, Inc. the following two (2) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 352.17 feet, 2. North 09 deg. 25 min. 28 sec. West 45.68 feet to the point or place of Beginning. CONTAINING an area of 5.5726 Acres. TOGETHER with and subject to certain rights of way. .y SCHEDULE E November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Right of Way #1 (Right of'Way Over Portion of Parcel B for the Benefit of Parcel A) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II"; RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; RUNNING thence along Parcel A the following two (2) courses and distances: 1. South 09 deg. 25 min. 28 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 26.71 feet to a point; RUNNING thence North 09 deg. 25 min. 28 sec. West through Parcel B and along land now or formerly Little Bear Realty, Inc. 72.39 feet to the point or place of Beginning. ti LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX(631)727-7451 E-Mail: pdanowski@danowskilaw com JOHN P.TAGGART,ESQ. jtaggart@danowskdaw.com October 12,2011 Southold Town Planning.Office P.O. Box 1179 }0er` �- Southold,NY 11971 Re: Proposed Lot Line Modification of Brantuk and Pearson- Dear earsonDear Sir or Madam: Although much of the information requested has been provided in the past in one form or another,I provide a response to your July 26,2011 letter as follows: a. Lots•2;3-`and-4 currently owned by the Brantuks,the Freedners and Tim Coffey will be the only parties having access to the water over the newly described right of way. Fee title ownership will be transferred by Dr.Pearson to the Brantuks subject to the rights of the Freedners and Tim Coffey to travel over said property. In fact,the Freedners and Tim Coffey as lot owners already have the right of access although the width of the access path will be changed per the understanding with Dr. Pearson. To the extent that we will alter the boundary line,Dr.Pearson will now actually own a portion of her property free of any rights of travel over same currently owned by the same above- mentioned other lot owners. Also,,-the Brantuks will-now own the underlying fee per the alteration of boundary line plan free of any rights of Dr.Pearson to travel over that portion of the right of way providing access to the water. In fact,the remaining property of Dr. Pearson has direct access on the water without the use of the right of way. Cb)I will provide 'Affida•wits"from the other lot owners albeit that I had forwarded a copy of an executed agreement setting forth the understanding amongst the parties. - ZI will provide draft deeds. d. Dr:Pearson's existing,rights over a way'to New York State Route 25 will continue to exist without the need for a new access•easement. However,her rights over the,access path to the water will be extinguished as those rights exist in regard to the area being acquired by the Brantuks. e. I would ask that the Planning Board and Board of Town Trustees communicate directly with Dr.Nancy Pearson or her counsel with regard to this issue. Very truly yours, 6w;' V`—, - Peter S.Danowski,Jr. PSD/eaf cc: Mr. and Mrs.Joseph Brantuk rjF S0 MAILING ADDRESS: PLANNING BOARD MEMBERS ��� yQ 1 P.O.Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS �Ql • �� 54375 State Route 25 JAMES H.RICH III �C�U �� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSHI �Y Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 2011 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Close Hearing: Proposed Lot Line Modification for Brantuk & Pearson Located +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Southold SCTM#1000-75-6-7.2 & 86-3-31 Zoning District: A-C Al _.... Dear Mr. Danowski: A public hearing was held by the Southold Town Planning Board on Monday, August 8, 2011 regarding the above-referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 44632 Main Road, Southold, NY 11971 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the sfreet(s) where it can be easily seen, and that I have checked to be sure the poster has.remained in place for seven days prior to the date of the pub ' Barin _ I ha sent notic�s, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of re rd of every property which abuts and every property which is across on VU l ®�( Peter S. Danowski, Jr. Yo m (pr' t) U , Signa j �C,` AUG - 8 2011 Address lwv � ,w Da Notary Public f IUBETl)A.FALLON O1�F 569 677 @©I1A PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 8/5/11 Re: Proposed Lot Line Change for Brantuk and Pearson SCTM#s: 1000- 75-6-7.2 & 86-3-31 Date of Hearing: Monday, August 8, 2011, 6:00 p.m. STATE OF NEW YORK) COUNTY OF SUFFOLK) TOWN OF SOUTHOLD ) --------------------------------------------------------------x In the Matter of the Application of JOSEPH & PATRICIA BRANTUK AND NANCY PEARSON AFFIDAVIT OF MAILING 44632 Main Road,Southold,New York ---- - SCTM# 1000-75-6-7.2 & 86-3-31 Location of Property AUG - 8 2011 ----------------------------------------------------------------x I _ Soutiold Tovn 1,Elizabeth A.Fallon,being duly sworn,deposes and says: T Pi,rr• S Board I am not a party to the action,am over 18 years of age and reside at Ridge, New York. That on the 21st day of July,2011,1 did send notification,copy annexed hereto,by certified mail,return receipt requested,to each of the persons shown on the annexed schedule,as required by Section 108-3(A)(3) & 108-3E(2)for a public hearing for an application: PROPOSED LOT LINE MODIFICATION scheduled to be held on the 8th day of August,2011 at 6:00 p.m. Eii'lzabeth A. Fallon Sworn to before me this ?Notakf—uJoic y ofAnrnic+ ,2011 JOHN P.TAGGART NOTARY PUBLIC,State of New York No.02TA5029408 Qualified in ff k nity pi,es Commission Ex , Nancy C.Pearson ° 3258 South Harbor Road Southold,NY 11971 Stanley Freedner Family Trust 2157 Sycamore Avenue Ronkonkoma,NY 11779 'Timothy Coffey 44900 Route 25 Southold,NY 11971 Corey Creek LLC ` c/o Bedell North Fork LLC 36225 Route 25 Cutchogue,NY 11935 t„ Corey Creek LLC 36225 Route 25 Cutchogue,NY 11935 Bradley and Francesca Anderson 51 Cranberry Street Brooklyn,NY 11201 rs Henry E. Pierce e 1675 Wells Road P.O. Box 235 Peconic,NY 11958 Henry and Jenny L. Pierce 2615 Wells Road Peconic,NY 11958 Joan M. Condit Revocable Trust b 2765 Wells Road Peconic,NY 11958 Little Bear Realty Inc. ` Attn: Davidoff&Malito LLC Attn: Howard B. Present 605 Third & 34th Avenue New York,NY 10158 CO im NO IrB° ru • . .-. 0 . •,F • USE I3 M 111 • Ln Postage $ . �° df= t �• � Ir E77 O Certified Fee Ir Postage $ I; Return Recelpt Fee Postmark ' 0 (Endorsement Required) Here OC3 M Certified Fee Restricted Delivery Fee RetumReceipt Fee Postmark O (Endorsement Required) E3 (Endorsement Required) Here 0 Restricted Delivery elive Fee �O Total Postage&Fees $ 5 5 p (Endorsement Required) J O c ent To 1 ''IE!'' Bear Realt jnc• Ln Total Postage&Fees o ttn• $ S 5 ---- _ p �rreer,;�pt o. t�O4y�1 r.T r.__.:_ r_ orPOBoxNo S - IYCl�u B PZ•esP_Il�_.___., Sent To en _.__.._ :e34h 1�genueeOe................ ; o Joan M. Condit Revocable L- S��___��P_�______ _______ beet Apt No.•--_.__..._.. _..._.._ .�St-a--.__.._.___...._ W YOrK, `---- NY 10158 ; r- or PO BoxNo.�2765 Wells Road T NY 958 CO t s ■ °- ru Be , e e ■ ®• ■ ■ M QLn Postage $ • €� C t U IE 0 Certified Fee L l Postage $ 1M , °� Return Receipt Fee Postmark Certified Fee r3 (Endorsement Required) Here M Postmark 1:3 Return Receipt Fee Here' Restricted Delivery Fee 0 (Endorsement Required) � p (Endorsement Required) � - Restricted Delivery Fee Lr) Total Postage&Fees $ S S p (Endorsement Required) O M J to nt To � Total Postage&Fees $ J IM Henry and Jen_ ny 'L. Pierce I o M 5'rrear.Abf-M.i"261.5�We11s ... E, Pierce r- or Po9oxNo. ROaC................................. o t - --- _ --- ------------ - - --- �;-NY-11958................................................. o $`[teat Apt No.16�5'"We1T's I [�- or PO Box No.P.O. BOX 235 -- -------------------------------------- 11958 ------------------------------------- L "' °� t�b4�ic;-NY 11958 ME ®• Ln M N M • D = 0 I s e - o • s e-r O M Ln Postage $ • O F• HC [AL U eS E D ul Postage $ Certified Fee [I'• O Postmark Certified Fee 0 Return Receipt Fee Here C3 Postmark O Endorsement Required) p � ( � Return Receipt Fee Restricted Delivery Fee (Endorsement Required) Here (Endorsement Requved) �I O Restricted Delivery Fee p 0 (Endorsement Required) Lr7 Total Postage&Fees $ S. 5 M C3 tr7 Total Postage&Fees S .5 to Modley & ,Francesca Anderson nrTo ____. .......................................... fore Creek LLC M orP0,Apt ro. 51 Cranberry Street y � or PO Box No. tti _ o PO Box 700:1-"36225 Route�25 ____ ______________e_.-___.._ �1Cyi1, NY 11201 N orPoeoxivo. eO_________________________________________________________ — - �Ni�'d11�$e, NY 11935 i :ee ee. SENDER: COMPLETE THIS SECTION ON DELIVERY ■ Complete ite ,2,and 3.Also complete A. Si item 4 if acted Delivery is desired. X 03 Agent 11gnature Print your name and address on the reverse ❑Addressee so that we can return the card to you. g, a by(Pdn d Name) C. D e of D lie ■ Attach this card to the back of the mailpiece, -'� )t or on the front if space permits. D. 16 dYliv* ery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: G�o Corey Creek LLC 36225 Route 25 Cutchogue, NY 11935 3. Service Type INCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number f . 7008. 0500; 001109514;:0342 !I (rransfer from seance label) ;.a —, — :- -—j— J� Ps Form 3811,February 2004 ' Domestic Return Receipt 102595-02-M-1540 'SEN■ER: COMPLETE THIS SECTION • . ON DELIVERY ■' Complete items,1,2,and 3.Also complete A. Signature bl item 4 if Restricted Delivery Is desired. ❑Agent ■ Print yo r name and address on the reverse X ❑Addressee so thatV'ie can return the4card to you. g, elved by d ted ame) C. Vteoivery Attach t-s card to the back of the mailpiece, or on th front if space permits. D. Is delivery address different from item 1 1. A[oreY l:.i"eeIcIe Addr sed tq_ L If YES,enter delivery address below: C: Jc C/o Bedell North Fork LLC 36225 Route 25 Cutchogue, NY 11935 3. Service Type $1 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number i _ (Transfer from service label)I b ; i i7 0 0 8 0 5-0 0 0 0 0`0 .q,51 W j 0 9 FS Form 3811,F pry 20044 iii :Domestic Return Receipt 102595-02-M-1 540, ■ ■ - ■ Complete items 1,2,and 3. • ' • • item 4 if Restricted Delive Also complete A. IN Print your name and address on the reverse X ���� sot t esired we can return the card to /R ■ Atta h this card to the back of the mailpiece, A or o the front if space permits. B• Received by(printed Na ee 23t?o011D liv 11 1• Articl Addressed to: 1 D. Is delivery address different Nang C• PSC Son If YES,enter delive ro item 1? E3 yes 3258 South Harbor ry addre be ❑ Southold Road gem ,,,1 / USPS � �' 11971 3. service Type b Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 2. Article Number 4• Restricted Delivery?(fro Fee) i i+(Transfer,fiom sery/ce Q 5 Q ❑Yes y )'§'Form 3811,Fe6r6ary2004, Q 9= Q3�3 4 Domestic Return Receipt 102595-02-M-1540 4 f SENDER: COMPLETE SECTION COMPLETE SECTIONON DELIVERY ■ Complete items 1,2,and"Also complete' A. Sign ture l Item 4 if Restricted Delivery is desired. 1- • Agent j Print your name and address on the reverse X so that we can return the card to you.'.., �' SQA ressee ■ Attach this card to the_back of the mailpiece, B. R ived doted N e) _� ry or on the front if space permits. e k 1. Article Addressed to: D. Is delivery address diffe t f i e Henry and Jenny L. Pierce If YES,enter delivery adelow___v❑ 2615 Wells Road Peconic, NY 11958 a[N� f 3. Service Type f CfCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑y� 2. !arae r1ro%Numbe . f 7208 050,111F0000 9514 0328 1 (Transferfrom'si �,ate—r.-�� -T:7--r-r _ ,.,•- ' PS Form 3811,February 2004 Si Dorti6ttic-Fietur'"n"R'ec"efpt- '° r ` ' 1 F;: C?595-02-M-1540, COMPLETE • ON DELIVERY COMPLETE • complete A Sign ure ■ Complete items 1,2,and 3.Also Agent Item 4 if Restricted Delivery is desired. X' ❑Addressee ■ Prin your name and address on the reverse C, of D iv ry sot t we can return the card to you. B. Reda ad�y(Print (Namg) / I ■ Atta this card to the back.t the mailpiece, _J C® or o the front if space permits. D. Is delivery address different from item 1? El Noes [[[t 1. Article Addressed to: If YES,enter delivery address below: Joan M. Condit Revocable ! Trust �l 2765 Wells Road ' Peconic, NY 11958 3. Service Type $I Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise 1! ❑Insured Mail ❑C.O.D. t 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number: i :7 2 0 8 :0500 9,514 0 0,4 (Transfei.lrom'seMce'labdl)' ;`i'j DomesticReceipt Return 102595-02-M-1540 PS Form 3811,February 2004' _ SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. Sig re i item 4 Restricted Delivery is desired"" X� A ❑Agent ■ Print y ur name and address on'the reverse Addressee so that a can return the card to you. B. Re i ed by nted am �� felivery Attach is card to the back of the maipiece, i f or on the front if space permits. D. Is delivery address d ffe n I 9 Y 1. Article Addressed to: If YES,enter delive ress below*N Henry E. Pierce 1675 Wells Road � a P.O. Box 235 01N0`J'� Peconic, NY 11958 3. grvice Type Certified Mail ❑Express Mail i ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) A ❑Yes 2. Article Number i {;E : ; ; 17208' 05001 :0000 9514 0311 : (Transfer from service label)• '` ' ' ` 4 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i - 3 SENDER: DELIVERY ■ Complete mems 1,2,and 3.Also completeA. Signature f item 4 if Restricted Delivery Is desired. ❑Agent 4 I s Print your name and address on the reverse ❑Addressee { { so that we can return the card to you. B. Received by(Printed Name) C. D f Delivery j ■ Attach this card to the back of the mailpiece, ont if space permits. or on the ft D Is delivery address different from dem Yes 1. Article Addr ssed to: If YES,enter delivery address below ❑No Little B Realty Inc. Attn: Davidoff & Malito LLC Attn: Howard B. Present 605 Third -& 34th Avenue New York, NY 10158 3. Service Type IN Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number 7208 0500 0000 9514 0298 (rransfer from sei__ i PS Form 381;1,;February;2oo4 ; ; {Domestic Return Receipt 102595-02-M-1540 r Vk-L , �k 7 Jill M.Doherty,President �*®F SO!/ry® Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O lQ 54375 Main Road James F.Kin P.O.Box 1179 g Southold,New York 11971-0959 Dave Bergen G Q • �� Telephone(631) 765-1892 John Bredemeyer OIyCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD C5 rI � TO: Alyxandra Sabatino Planner FROM: Jill M. Doherty, President Board of Trustees DATE: August 1, 2011 RE: Brantuk/Pearson_Lot Line Modification SCTM#1000-86-3-31 & 1000-75-6-7.2 The-Board of Trustees has reviewed the boundary alteration map prepared by Howard W. Young dated November 3, 2009 and finds the proposed lot line modification to be acceptable. Please feel free to contact our office should you have any questions. /W�r uTH0 y0 4,0 SRF oISTR\G SOUTHOLD FIRE DISTRICT P.O. BOX 908. SOUTHOLD, N.Y. 11971 July 27, 2011 (631) 765-4305 FAX (631) 765-5076 Ms. Alyxandra Sabatino, Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 s; ' JUL 2 8 2011 Re: Brantuk/Pearson Lot Line Modification t Dear Alyxandra: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned lot line modification application and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, O4 arol A. Miller Fire District Secretary i _ t t LING PLANNING BOARD MEMBERS O��QF SDUTyOI M�P.O. BooxD1D KESS : MARTIN H.SIDOR Southold,NY 11971 Chair N OFFICE LOCATION: WILLIAM J.CREMERSKENNETH L. G ® �pQ Town Hall Annex JAMES H.RICH IIDS�� �`'oU '� 54375 State Route 25 DONALD J.WILCENSKI (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 26, 2011 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: Proposed Lot Line Modification of Brantuk and Pearson Located on the r.o.w off Main Road in Peconic SCTM#1000-86-03-31 and 75-06-7.2 Zoning District: AC Dear Mr. Danowski: The Planning Board reviewed this application at their July 25, 2011 Work Session and asked that you clarify the following: a) Provide a written explanation about rights of access to the new dock and which lots in the original subdivision have access over the right-of-way to the water and how this lot line change will or won't affect their rights along with any supporting copies of deeds, easements, or other documents. b) Provide affidavits from other lot owners in the subdivision with rights over the original right-of-way to the water indicating that they are aware of and approve the lot line change. c) Provide draft deeds for the lot line change with reference to Town Planning Board approval, metes and bounds description, and a schedule showing the map or an illustration of the map that legibly depicts the lot line change including old & new lot lines. d) Provide a draft access easement for Lot 1 over the new area of Lot 2. e) Consider requiring that Lot 1 file a covenant that no dock will be allowed from that parcel because they gave up the right when they transferred the water access way to Lot 2. Ask applicant for a draft covenant to this effect. Coordinate with Trustees on this to get their in-put, and check the Y ~ f Trustees permit for a new dock for any conditions that should be considered in the Planning Board's decision. If you have any questions regarding the above, please contact this office. Very truly yours, 0-9,�pC"6--c' scxbo�� Alyxandra Sabatino Planner cc: Heather Lanza, Planning Director Planning Board 2 Southold Town Planning Board Work Session Page Two July 25, 2011 I Project name`__ `Brantuk & Pearson ; — ! SCTM#T1000-75-6-7.2 & 86-6-31_1 Location: 44632 Route25,+/-9`50 ft. east of Wells Road, +/- 2,020 ft. south of NYS' i -- ----- ---- -1 Route 25, Southold- - -- - - - - -i Description: I This proposed Lot Line Modification transfers 0.27 acres from Lot 1 I I (SCTM#1000-86-06-31) to Lot 2 (SCTM1000#-75-06-7.2). Lot 1 i decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased froml i 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of - - ! Route 25 in Peconic. Status_ I Pending Action: ; Review comments and Staff Report j - - - 'n-s: -- Staff-- Rep- --ort--- - --- - Attachmet _ Project name: I Guada no, Patrick SCTM#: 1000-27-1-2 - - 1- ---- - - -- - -- - Location: on the north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient_ Description: I This standard subdivision to subdivide a 10-acre parcel into two lots j C where Lot 1 is 1.5 acres and Lot-2 is 8.5 acres, inclusive of a 2.5-acre i building envelope and 6 acres of subdivision open space. _ 1 - - -------- --- Status: ! Conditional Sketch Approval , Action: Review staff report & consider for Preliminary Plat determination at j 8/8/11 Public_Meeting. -- - -- -- - -- - - - - Attachments__ _ I Staff Report I Project name: ' Highland House FI, LLC I SCTM#: 1000-9-11-7.12_ -- - - - - - - - - - 1 Location: I Located at corner of Ocean View and Heathulie Avenues, F.I. Description: This proposal is to subdivide a 4.56 acre parcel into 2 lots where Lot 1 = 1 80,390 sq_ ft. and Lot 2 = 118,289 sq. ft. in the R-80 Zoning District. C Status:— _ C 0- ndition ad Preliminary Approval Action: Review staff report and consider for Final Plat determination at 8/8/11 Public Mtg. ! Attachments: ! Staff Report _ — NG PLANNING BOARD MEMBERS OQF SU(/TyOI NLATP O Bo�D 9ESS: x 11 MARTIN H.SIDOR „ Southold,NY 11971 Chair cr, OFFICE LOCATION: WILLIAM J.CREMERS ® �pQ Town Hall Annex KENNETH L.EDWARDS O 54375 State Route 25 JAMES H.RICH III CQ�NT`1,� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Members of the Board of Trustees From: Alyxandra Sabatino, Planner S Date: July 20, 2011 Re: Request for review on Brantuk and Pearson Lot Line Modification SCTM#1000-86-03-31 & 1000-75-06-7.2 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM#1000-86-03- 31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, in Peconic. Thank you for your co-operation. Encl.: Lot Line Modification Plat #10336 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schottof Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 1 week(s), successively, commencing on the 28th day of July, 2011. Piial Clerk Sworn to before me this day of10_1C2011. = > iarrc» �y Notice`uf.Pulilic IIeairiiig;s . E IS-BEREBY I `ttcat �u",rsiiafif<�'to:�Sec�ton��L76�_�oi�z;tfi��i'o�wu oupl3ITaiinlannirigBoaid atithe gwntall'Main 11toaily;Southold,,l�tew.+' �brk'o iJhe Stl�ilay_�of August;X013 vn; CHRISTINA VOLINSKI h qus[onofSCe`follbFwing -STATE OF NEW YORK '600, ro NOTARY PUBLIC cation�fo�Braritakai3dr.Peason;locaiei'1= NO. 01-V06105050 -V06105050 W-ilsaRoad�+/ ;2;02Off 111 Suffolk County -- -.� - :.. Qualified FloIY } 25 Pe conic;Todvi fof- 201 Southolii purity Q Suffolk Sta[e:of My Commisslon Expires febtuary 28 ew�e�Corl�:;;S,uffollcsCdiiutj;�;Tax 1ii3ap. � pmlieis�000n�5=6;,'7�2�`&`�8633S�y�; �, Dated 7/13/71 n' t `<'-" s a,. wP ��ti BY t3RbEIf�O MTF empmOL=-T)k k,--' TOy int Pl ANNWG_30X F airm,a w`O�S0U, MATTING ADDRESS: PLANNING BOARD MEMBERS � y� 'P.O.Box 1179 MARTIN H.SIDOR l0 Southold,NY 11971 Chair _ OFFICE LOCATION: WILLIAM J.CREMERS G Q -Town Hall Annex KENNETH L.EDWARDS �� 54375 State Route 25 JAMES H.RICH IIII��� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSHI yCOU Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Roa.d,,Sputhold, New,York on the 8th day of August, 2011 on the question of the following,-, 6:00'p.ni:';Proposed Lot Line Modification for Brantuk and Pearson, located'-Q- 950 ft. e/o Wells Road, +/- 2,020 ft. s/o FLYS Route 25, Peconic, Town of Southold, County of Suffolk; State of New York. Suffolk County Tax Map Numbers 1000-75-6-7.2 & 86-3-31 Dated: 7/13/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, JULY 28, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times ' i Page'l of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Thursday, July 14, 2011 9:43 AM To: Kalin, Carol Subject: RE: Legal Ad for 7/28 Suffolk Times Hi Carol, I have received the notice and we,are good to go for the 7/28 issue. Thanks and have a great Thursday! Candice From: Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.us] -.�..._ ._ _ „ .. Sent: Wednesday, July 13, 201111:11 AM To: tr-legals Subject: Legal Ad for 7/28 Suffolk Times Please print the attached legal ad for the August 8, 2011 Planning Board Public Hearing regarding the Brantuk/Pearson Lot Line Modification in the July 28th edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold,NY 11971 Phone: (631)765-1938 Fax: (631)765- 3136 Carol.Kalin@town.southold.ny.us 7/14/2011 DR PLANNING BOARD MEMBERS O��QF S0VryDl NLATP.O.Box 1179 S: MARTIN H.SIDOR ~ Southold,NY 11971 Chair l� OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L. ARDS54375 State Route 25 JAMES H.RICH IIIOlyComm (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of August, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Modification for Brantuk and Pearson, located +/- 950 ft. e/o Wells Road, +/- 2,020 ft. s/o NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-75-6-7.2 & 86-3-31 Dated: 7/13/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 13th day of July, 2011 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 8/8/11 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Line Line Modification for Brantuk and Pearson, SCTM#1000-75-6-7.2 & 86-3-31 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of\j1A� , 2011. ot Notary Public -MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Qualified in Suffolk County Cummission Expires September 30, �� MAILING ADDRESS: PLANNING BOARD MEMBERS ��0f SUUTyoP.O.Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III ���. (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COU NI`I,� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Alyxandra Sabatino, Planner P`S Date: July 13, 2011 Re: Brantuk and Pearson Lot Line Modification SCTM#1000-86-03-31 & 1000-75-06-7.2 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM#1000-86-03- 31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2-increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25, +/- 950 ft. east of Wells Road, +1- 2,020 ft. south of NYS Route 25, in Peconic. Thank you for your cooperation. �F soar MAILING ADDRESS: PLANNING BOARD MEMBERS ��� y�1 P.O.Box 1179 MARTIN H.SIDOR '` 4 Southold, NY 11971 Chair J OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS �� a0 54375 State Route 25 JAMES H.RICH IIII�COU �� (cor.Main Rd.&Youngs Ave.) DONALD J.WILCENSKI Southold,NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2011 Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: � Request-for;review on Brantuk and Pearson Lot Line Modification SCTM#1000-86-03-31 &75-06-7.2 Dear"Ms. Miller: The enclosed lot line'modification is being referred to you. Please be advised that with a lot line modification there is limited change occurring to the original property.Your, comments are requested on matters of interest to the fire department, including fire department equipment access;emergericy-seMbds, and any-other issue that may be of concern or relevance to this applidati6r:j Plbase'respondvith your recommendations at your earliest convenience. This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM#1 000-86-03- 3 1) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57.acres. This property is located on the r.o.w. off of Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Peconic. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, V Alyxandra Sabatino Planner Encls.: Lot Line Modification Plat ' PLANNING BOARD MEMBERS QF SUS MAILING ADDRESS: �� rjsi� P.O.Box 1179 MARTIN H.SIDOR ,`O �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N ac Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III O • �� DONALD J. RICH ly�'Q (cor.Main Rd. &Youngs Ave.) Ulm Southold,NY Telephone:631765-1938' Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter,Engineering Inspector From: Aly Sabatino,Planner Date: July 13,2011 Re: Brantuk and Pearson-Lot Line Modification Application Name: Joseph G. and Patricia Brantuk Tax Map Number: 1000-86-03-31 & 75-06-7.2 Location: +/-950 ft. east of Wells Road,+/-2,020 ft.south of NYS Route 25, Peconic Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) X Lot Line Modification (Dated: 11/03/09 ) Road Profiles (Dated: ) Grading,and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Proiect Description: This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM1000-86-03-31) to Lot 2 (SCTM1000-75-06-7.2).Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres.This property is located on the r.o.w. off of Route 25 in Peconic. Thank you for your cooperation. Enc: 1 copy of Boundary Alteration Map Joseph Brantuk&Nancy Pearson PLANNING BOARD MEMBERS o��zF SU(/�yOl MAILING P.O. Box 1D KESS : MARTIN H.SIDOR Southold,NY 11971 Chair N OFFICE LOCATION: WILLIAM J.CREMERS pQ Town Hall Annex KENNETH L.EDWARDS �� ,�aa 54375 State Route 25 JAMES H.RICH III CoUNTY,� (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSHI Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2011 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Set Hearing: Proposed Lot Line Modification for Brantuk & Pearson Located +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Southold SCTM#1000-75-6-7.2 & 86-3-31 Zoning District: A-C Dear Mr. Danowski: The public hearing regarding the Lot Line Modification for the above-referenced application has been scheduled for Monday, August 8, 2011, at 6:00 p.m. at the Southold Town Hall on the maps dated November 03, 2009. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified_ mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday, August 5th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. I Southold Town Planning Board J Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Change; 2'. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-75-6-7.2 & 86-3-31; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application to transfer 0.27 acres from Lot 1 (SCTM#1000-86-03-31)-to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from.5:30 acres to 5.57 acres. This property is located on the r.o.w. off of NYS Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south,of NYS Route 25, in Peconic; 5. Thatthe files pertaining to this application are open for your information during normal business days between'the hours of 8 a.m.'and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI.', Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board ,on Monday, August 8, 2011 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Joseph & Patricia Brantuk and Nancy Pearson Date: 7/13/11 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 8/5/11 Re: Proposed Lot Line Change for Brantuk and Pearson SCTM#s: 1000- 75-6-7.2 & 86-3-31 Date of Hearing: Monday, August 8, 2011, 6:00 p.m. Town of Southold PC/Codebook for Windows §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L.No. 12-2003] Whenever the Code calls for a public hearing this section shall apply.Upon determining that an application or petition is complete,the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time,date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice.An application or petition, initiated,proposed or requested by an applicant or petitioner,other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be.displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2)' The applicant or petitioner is required to send notice to the owners of record of every, property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the-street location and area of the subject property, nature of relief or approval involved, and date,time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 BRANTUK, JOSEPH & PATRICIA AND VEARSON , NANCY LOT LINE CHANGE FOR BRANTUK & PEARSON 1000 -75 -6 -7 . 2 & 8603 -31 4 of Line Change to transfer 0e27 acres from Lot 1 (SCTM#l000-86-03- 1 ) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres #0 5.57 acres. MONDAY - AUGUST 8, 2011 - 6 : 00 P. M . eVisions 12.06-96 ac - 10-07-97 a�� a 12-OI-97 �pQ ♦ $ 1-23-9 ry1 1.1 SEE SEC.N0.069 4-03-9 pQ' 3.5A(C1« 9-01-96 '� X304200"' 4 MATCH 6-02.0 1.2 7- -� -�7 L ,^' - 6-14-01 LOA �- N 304 z0a 07-06-01 ♦Q•' 15.2 ,♦` 9 5-10.0 �♦' ty 18.4A(c) 6-30-0 o ffmm OF SOVDAWD 2.2A S sy § , 96 e a LBP ti DEVELOVENr RiLHr9 P 6-06-0 5-04-0 F ry 0P a ♦ 6,0 ? 2fl 10-12-0 {p S.OA(cl 2-1-19-06 8 9 9 8 ,o` _ CHURCH OF THE 02.0 ftp' 4 16.8A(c) 18.9A(c) ,ov ,'' '., r, N C OPEN DOOR 3-30-06 '0 6 6.27-0615.1 H � �- 4j o�o L 24P iw 6-04-0 ,^ a ryS p O 2.7A(c) 4.26-0 6�p♦J 4 b L � ry0. � O •Y�o 1p ,`.°4 e � y,4`P 5 sn A a m &LA `�� 6 8 9 t•° ,w L '� 3 W lsP ry �� 1 9•P 4 a ryti �# 4T opo ry�p �� b 6% +♦ti o r L, O 's +° L2 s 'P s°b`a�.S 4L4 , LZ $ m A,0N a 10.4A(c) 20.2 'S, ¢` ^� ,. 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'�e 4y ,Y1. + ., 086-01-003.1 813.2 - °G FOR PCL.NO. FOR PCL NO. .2ryo SEE SEC.N0. 2.2A FOR PCL,N0. 086-01-010.9 A ��o AN S�SEC.N0. �°'' 7.2 FOR PCL.N0. +P 086-01-009.1 in y i^SEE SEC,N0. 5.2A(U SEE SEC.N0. N 300 too y"r 086-06-028.4? OB6-03-001 y 4 )tares LINE" z 8 JT MATCH - -Z a - ,`� $ LLINEx, MATCH z �- LINE MATCH �- �- �- N 3o04a0 LINE SEE SEC.NO.086 SEE SEC.NO.086 L k00"c Hs um SCgHSWi Lot LL. nb 8n Ub ---- SdW Olstrkt L/v SOI II d V t 06Kkt Um --H-- UNLESS DRAWN OTHERWISE, ALL PROPERTIES E ° °°' °in� -7� K ooe 06B ora TOWN OF SECTION NO -T- SlfVel4on abA/Byy N2 i21i FA'°Dlstrkt lire --F-- ARE WITHIN THE FOLLOWING DISTRICTS NOTICE Im7G�alm+n use -_R-_ D 4 COUNTY OF SUFFOLK © SOUTHOLD G SE6Nsmn Lor lire ----- p�0 p �` VatQ a:t.tt Uv --V__ S� 5 SERER we MAINTENANCE,ALTERATION,SALE OR °� A� Real Property Tax Service Agency Y E N.- Velvlmlmetrrt Lk -HST-- LFIREIGHT 42R WATER CE, N, O oV O 1 Srcsm/9,srs ., •-•--� m _- DISTRIBUTION OF ANY PORTION OF THE p � (� Ssa.4 Olmnsim cwGtr L6v LIO,t Olskkf la,e --L-- ssda m Olalrict IYio--a-- ;,- r.44 tATDt Q0 074 OTs ale VILLAGE OF .,�'D'F=S�',•�=` - `-- -b^^s�m 12.3_,acm_or iziA *.^`1'� --- ,y.,n,..y,..•"" -_.P-- a P"'tt TO RERaE SUFFOLK COUNTY TAX MAP 15 pR010&TED County Center Riverhead,N Y 11901 oT''`."`sv'tT, -" - r•�-,> '+:-tis ;ysy S`atF,:•'�;u,-�_ _ _ _ '' aor..eerroNmn lA<-a.-_ nu9ULaNCE 9a5TEWaTER_ WITHOUT WRITTEN PE THE SCALE w FEET, M a•, > _ syaa.i., 2 23-mid',••• •• RWSSION OF _ Rt LT,'TArt^ �flM$O� 2m o ata Gro A /1 _ -.._•'PROP.�a .Jfe,cf. .. _ _ P 06TRIC7 NI iQaS/ ,�'" t'�'_". ': n. _P.RDP.ER;,,,T,Y MM = -e- 6-11-96 6-09-97 � SEE SEC. 'EC. IEC.NO.075 SEE SEC:NO.075 SEE SEC.NO.075 SEE SEC.N0.075 1-03.90 N NO.074 NO.075 1-23-90 N 300400MATCH LINE MATCH LINE MATCH LINE N W0,00 6-17-99 z % ... PECONC LAND TRUST FOR FOR PCL. FOR PCL.NO. S- 0: E�N 0�06�99 NO SEE SEC. FOR PCL. 2�O6w99 9.1 SEE 075-06-00 SEE SEC.NO SEE SEC.NO. .Fr yOYc o0 3-27-01 4.OA 075-06-006.1 075-06-011 5-10-01 075-07-006.1 I 1.4 7-10-01 41" 1-19-01 .2A(c) 3-04-03rL 10, .32.j.1411 6-18-011 -26-05 0-12-05� (S.2 A D1.I 6 0 -0't-07 7.6A 3.1 (d (RESERVED AREA-D-) C3 ul, 3 7..' 4.27 19A % • 1.010 ti 9.3 10.6 37.3A 32 ITOWN OF.SOUTtO(D 3.1A A.S a DEVELOPMENT RGPffS) na a3 10.6 > S 3.5 1.5A(c) 75.6A(c) 3.3 A IJA A%S 21-77 0 5 lZp '.'A 5111 PECONIC LAND TRUST a 9.6 PARKq1g 4y 4.28 2.4A 16. 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(21) k ft 5 DO Q Agency SEVER IND_ MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service ge y VILLAGE OF G ------ VWW�Dttkt Lim I Lbs HST FIRE 28 HYDRANT_ DISTRIBUTION OF ANY PORTION OF THE E s�_I M_ Q-'Y U1. mftkt tt� --L-- III~ A-_ LIGHT 43.44 'RATER- SUFFOLK COUNTY TAX MAP IS PROHIBIT County Center Riverhead,N Y 11901 m 086 N PARK 70 REFUSE VITHO WRITTEN PERMISSION OF THE SCALE IN FET: P-4 N� 23 Dd k. 12.1 A(d) or 12.1A I-L� P�Dwki LRw P lmtwd�01�1�th, WW-- AMBULANCE- WASTER LIT 2M 0 ma 4w A DSTRICI NO 1000 Area 12.1 A(d Lbw REAL PROPERTY TAX SERVICE AGENCY. ..... P PROPERTY MAP CONVERSION DATE hat 10.1997 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 13, 2011 4:00 p.m. Applications Project name: r Brantuk`&Pearson SCTM#: 1000-75-6-7.2 & 86-6-31 Location: 44632 Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS _ Route 25, Southold Description: This proposed Lot Line Modification transfers 0.27 acres from Lot 1 (SCTM#1 000-86-06-3 1) to Lot 2 (SCTM1000#-75-06-7.2). Lot 1 I decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status: New Application Action: Accept for review. Attachments: Staff Report Project name: ! Manor Grove Conservation SCTM#:! 1000-53-1-1.2 & 1.3 Subdivision j Location: Northeast corner of Albertson Lane and Main Road, Greenport Description: 80/60 conservation subdivision of a 29.8 acre parcel into 2 lots where Lot 1 = 0.72 acres (31,450 s.f.) clustered - LB Zoning District and Lot 2 = 28.74 acres to be preserved as open space - R-80 & LB Zoning Districts. A lot line change is also proposed to transfer a narrow strip of land behind Drossos Motel to those parcels to remedy several encroachment issues. Status: Conditional Sketch Approval Action: Status Up-Date Attachments: None 5:30 p.m. Review Public Meeting Agenda Discussion: 1) Factory Avenue Parking — Code Amendments 2) Noise Ordinance 3) New Change of Zone Application in Cutchogue - Oviansik i LAW OFFICES Vv" PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727." 900, FAX(631) 72717451 E-Mail: pdanowski@danowskilaw.com JOHN P TAGGART,ESQ. jtaggart@danowskilaw com April 26, 2011 - r Southold Town Planning Board P.O. Box 1179 `' -,-- Southold, NY 11971-0959 APR a 7 2011 Re: Joseph G. Brantuk and Patricia Brantuk,etc. Boundary Alteration Map - f Ilj Former Project Name: Mohring Enterprises ___ _ Dear Sir or Madam: I enclose Re-Subdivision Application with accompanying documents,to wit: Boundary Alteration Maps prepared by Howard W.Young, dated November 3, 2009 Authorization executed by Nancy C. Pearson , ',-.Short Environmental Assessment Form executed by Nancy C. Pearson Disclosure form executed by Nancy C. Pearson Authorization executed by Joseph Brantuk and Patricia Brantuk Short Environmental Assessment Form executed by Joseph Brantuk and Patricia Brantuk Disclosure form executed by Joseph Brantuk Disclosure form executed by Patricia Brantuk I also enclose earlier correspondences addressed to the Board or its representatives. This matter had been placed on the Planning Board work session agenda on March 23, 2009 and on January 19, 2010. See enclosed copies of pertinent portion of Planning Board agendas. I Southold Town Planning Board Page 2 April 26, 2011 As has been stated in the past, my client also has a pending application with the Southold Town Board of Trustees, and this map modification results from a discussion and agreement reached with Dr. Nancy Pearson. Very truly yours, 0//L— PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Joseph and Patricia Brantuk William H. Price,Jr., Esq. South-vi'd Planning Department Stai---Report Subdivision — Sketch Plat Application Completeness Review Date 9-23-13 Prepared By: Aly Sabatino I. Application Information Project Title: Brantuk and Pearson Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86-06-3.1 & 1000-75-06-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: A/C II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: 10.55 acres # of Lots Proposed: NA III: Status Pending IV: Action to review Review Planning Board request for a covenant restricting future dock on Lot 1. V: Project Analysis This is a lot line modification that will create no new residential development potential. The existing property line of Lot 2 will be extended as a flag to incorporate an existing access easement in Lot 1 that extends to Richmond Creek. The existing r.o.w. will decrease in size from 50' wide to 25' wide and the turn around will decrease from 100' wide to 40' wide. Joseph Brantuk (Lot 2) will own a fee title to the row with other lots having access to it. This lot line change will, however, allow for a second dock where there would have only been one. The Planning Board requested that Lot 1 file a covenant stating that a future dock will not be allowed from that parcel because the right was given when they transferred the water access way to Lot 2. l Southuid Planning Department Staii-Report After discussion with Nancy Pearson, the owner of Lot 1 she does not agree to the application of a covenant on her property restricting a dock. She has stated that although she has no plans to add a dock at this time, it is unfair to ask her to diminish the value of her property by restricting a future dock at this location. Lot 1, however, could retain the right to access the common dock while still transferring the fee ownership of the water access to Lot 2 as proposed. In the original subdivision in 1985, the Planning Board granted a right of access to the three upland lots over Lot 1 —the only waterfront lot. The four lots share this access and have the right to one dock. Restricting this subdivision to a single common dock is important for two reasons. 1. Three of the lots are not waterfront and have no inherent right to a dock. Only one parcel in this subdivision is waterfront, thus only one dock should be allowed. 2. Richmond Creek is a designated Significant Fish &Wildlife Habitat, and this parcel is located in the upper reaches of the creek which are much more susceptible to damage from pollution and boat traffic due to the shallower water and reduced tidal flushing. VI: Staff Recommendations 1. Require a deed restriction or covenant preventing any future dock on Lot 1. 2. Without#1 above, consider denying the application because it does not comply with the original intent of the subdivision, and additional docks in this sensitive area are not advisable. 2 Soutl..,'d Planning Department Stai', keport Subdivision — Sketch Plat Application Completeness Review Date 9-9-13 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Brantuk and Pearson Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86-06-3.1 & 1000-75-06-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: A/C II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: 10.55 acres # of Lots Proposed: NA III: Status Pending IV: Action to review Review Planning Board request for a covenant restricting future dock on Lot 1. V: Project Analysis This is a lot line modification that will create no new residential development potential. The existing property line of Lot 2 will be extended as a flag to incorporate an existing access easement in Lot 1 that extends to Richmond Creek. The existing r.o.w. will decrease in size from 50' wide to 25' wide and the turn around will decrease from 100' wide to 40' wide. Joseph Brantuk (Lot 2) will own a fee title to the row with other lots having access to it. This lot line change will, however, allow for a second dock where there would have only been one. The Planning Board requested that Lot 1 file a covenant stating that a future dock will not be allowed from that parcel because the right was given when they transferred the water access way to Lot 2. i Southvid Planning Department Starr Report After discussion with Nancy Pearson, the owner of Lot 1 she does not agree to the application of a covenant on her property restricting a dock. She has stated that although she has no plans to add a dock at this time, it is unfair to ask her to diminish the value of her property by restricting a future dock at this location. Lot 1, however, could retain the right to access the common dock while still transferring the fee ownership of the water access to Lot 2 as proposed. In the original subdivision in 1985, the Planning Board granted a right of access to the three upland lots over Lot 1 —the only waterfront lot. The four lots share this access and have the right to one dock. Restricting this subdivision to a single common dock is important for two reasons. 1. Three of the lots are not waterfront and have no inherent right to a dock. Only one parcel in this subdivision is waterfront, thus only one dock should be allowed. 2. Richmond Creek is a designated Significant Fish & Wildlife Habitat, and this parcel is located in the upper reaches of the creek which are much more susceptible to damage from pollution and boat traffic due to the shallower water and reduced tidal flushing. VI: Staff Recommendations 1. Require a deed restriction or covenant preventing any future dock on Lot 1. 2. Require a deed restriction or covenant allowing Lot 1 access to the common dock. This could be made subject to the owner of Lot 1 signing a maintenance agreement should they choose to exercise their right to use the common dock. 3. Without#1 above, consider denying the application because it does not comply with the original intent of the subdivision, and additional docks in this sensitive area are not advisable. 2 � Ej Souk ..:)Id Planning Department St'�_=Report Subdivision — Sketch Plat Application Completeness Review Date 7-1-13 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Brantuk and Pearson Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86-06-3.1 & 1000-75-06-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: A/C II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: 10.55 acres # of Lots Proposed: NA III: Status Pending IV: Action to review Review submitted documents V: Project Analysis This is a simple lot line modification that will create no new residential development potential. The existing property line of Lot 2 will incorporate an existing access easement in Lot 1 that extends to Richmond Creek. The existing r.o.w. will decrease in size from 50' wide to 25' wide and the turn around will decrease from 100' wide to 40' wide. Joseph Brantuk (Lot 2) will own a fee title to the row with other lots having access to it. This lot line change will, however, create waterfront access for a lot that otherwise would not have had it, causing a situation that would now allow for two separate docks instead of one community dock. Richmond Creek is a designated Significant Fish & Wildlife Habitat, and this parcel is located in the upper reaches of the creek which are much more susceptible to damage from pollution and boat traffic due to the shallower water and reduced tidal flushing. o Hearing was held and closed on August 8, 2009 i Sout...,Jd Planning Department Sta,... .teport o Referrals received: • Trustees stated that they found the proposed lot line modification to be acceptable • The Southold Fire District found that there is adequate fire protection. The following was requested by the Planning Board at their July 25, 2011 Work Session: 1. Provide a written explanation about rights of access to the new dock and which lots in the original subdivision have access over the right-of-way to the water and how this lot line change will or won't affect their rights along with any supporting copies of deeds, easements, or other documents. Submitted: The agent has submitted an agreement amending and superseding property agreement executed in the year 2009 which states that Nancy Pearson relinquishes any and all rights to participate in the construction of and use of a dock. Through this agreement lots 2; 3, 4 agree fee title of the 50 ft. wide right of way will be sold from Nancy Pearson to Brantuck subject to the rights of Coffey and Freedner over a park of the area of the existing right of way. 2. Provide affidavits from other lot owners in the subdivision with rights over the original right-of-way to the water indicating that they are aware of and approve the lot line change. Submitted: Affidavits from Lots 1, 3, and 4 with the above required information. 3. Provide draft deeds for the lot kine change with reference to Town Planning Board approval, metes and bounds description, and a schedule showing the map or an illustration of the map that legibly depicts the lot line change including old & new lot lines. Submitted: Required draft deeds with reference to the Planning Board approval and an illustration of the map. 4. Provide a draft access easement for Lot 1 over the new area of Lot 2. Submitted: The draft deed has reference to Dr. Pearson's existing rights to New York State Route 25 "Reserving however to the grantor a right-of-way over a portion of Parcel "B" for the benefit of Parcel "A" as described in "Schedule E" 5. Consider requiring that Lot 1 file a covenant that no dock will be allowed from that parcel because they gave up the right when they transferred the water access way to Lot 2. i 2 Sou....Ad Planning Department Sti... 'Report Submitted: Agent has requested that we communicate directly with Dr. Nancy Pearson with regard to this issue. VI: Staff Recommendations 1. Revise the submitted deed language to use lot number designations (Lot 1 and 2) instead of parcel designations (Parcel A and B). 2. Recommend adding a schedule to the submitted deed for Lots 1 and 2 that reflects the allowable change of the existing right of way from 50' to 25'. 3. Lots 1 and 3 both have a reduced right of way (from 50' to 25). 'Recommend reducing the right of way on Lot 2 to 25'. 4. The-applicant must preserve right of way access for Lot 1 over Lot 2 and access to Richmond Creek for Lots 3 and 4 over Lot 2. Note Lot 1 has relinquished all rights to water access over Lot 2. 5. The new deeds for Lots 1 and 2 must be updated to reflect the right of way width, maintenance of the right of way to Rte. 25 and the flag to the water. 6. Discussions are ongoing with Nancy Pearson regarding a covenant that no dock will be allowed on Lot 1. 3 Soutl",�J,-� Planning Department Star.-.report Subdivision — Sketch Plat Application Completeness Review Date 07-25-11 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Brantuk and Pearson Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86-06-3.1 & 1000-75-06-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: A/C II. Description of Project Type of Subdivision: Lot Line Modification This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM1 000-86-06- 3 1) to Lot 2 (SCTM 1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. III: Project Analysis This is a simple lot line modification that will create no new residential development potential. The existing property line of Lot 2 will incorporate an existing access easement in Lot 1 that extends to Richmond Creek. The existing r.o.w. will decrease in size from 50' wide to 25' wide and the turn around will decrease from 100' wide to 40' wide. Joseph Brantuk (Lot 2) will own a fee title to the row with other lots having access to it. This lot line change will, however, create waterfront access for a lot that otherwise would not have had it, causing a situation that would now allow for two separate docks instead of one community dock. Richmond Creek is a designated Significant Fish & Wildlife Habitat, and this parcel is located in the upper reaches of the creek which are much more susceptible to damage from pollution and boat traffic due to the shallower water and reduced tidal flushing. IV: Staff Recommendations 1. Require the applicant submit the following information/documentation: Southvid Planning Department Sta'i, -keport a) Provide a written explanation about rights of access to the new dock and which lots in the original subdivision have access over the right of way to the water and how this lot line change will or won't affect their rights, along with any supporting copies of deeds, easements, or other documents. Affidavits from others with rights over the original right of way to the water that they are aware of and approve the lot line change. b) Provide draft deeds for the lot line change with reference to Town Planning Board approval, metes and bounds description, and a schedule showing the map or an illustration of the map that legibly depicts the lot line change including old & new lot lines (see map requirements for re- subdivisions in Town Code Section ) c) Provide draft access easement for Lot 1, over the new area of Lot 2 d) Consider requiring that Lot 1 file a covenant that no dock will be allowed from that parcel because they gave up the right when they transferred the water access way to Lot 2. Ask applicant for a draft covenant to this effect. Coordinate with Trustees on this to get their input, and check the Trustees permit for a new dock for any conditions that should be considered in the Planning Board's decision. 2 Southo,"' Planning Department Staff _ _-,port Subdivision — Sketch Plat Application Completeness Review Date , 06-10-11 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Brantuk and Pearson Map Prepared By: Young and Young Date of Map: November 03, 2009 Applicant: Joseph G. and Patricia Brantuk Date of Submission: April 27, 2011 Tax Map Number: 1000-86-911 -3t.1 & 1000-75-06-7.2 Project Location: r.o.w. off the Main Road and +/- 950 ft. east of Wells Road Hamlet: Peconic Zoning District: A/C II. Description of Project Type of Subdivision: Lot Line Modification This proposed lot line modification transfers 0.27 acres from Lot 1 (SCTM1000-86-06- 31) to Lot 2 (SCTM1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. III: Project Analysis This is a simple lot line modification that will create no new development potential. The existing property line of Lot 2 will incorporate an existing access easement in Lot 1 that extends to Richmond Creek. The existing r.o.w. will decrease in size from 50' wide to 25' wide and the turn around will decrease from 100' wide to 40' wide. Joseph Brantuk (Lot 2) will own a fee title to the r.o.w. with other the lots having access to it. l IV: Staff Recommendations J • The application is complete. Accept the application for staff review and processing, and refer it out to the Town Engineer for Sketch Plan comments. • Begin SEQRA review. MAILING ADDRESS: PLANNING BOARD MEMBERSo�0 Gy� P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair ti = OFFICE LOCATION: O T RICHARD CAGGIANO • Town Hall Annex WILLIAM J.CREMER.S y�0� �aO� 64375 State Route 26 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Re-Subdivision/Lot Line Modification APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name "Minor Subdivision - Mobri ngEnterprises, I>" 2. Suffolk County Tax Map# 1000 - 86 - B6 - 31 ; 1000 - 75 - 06 - 7.2 3. Hamlet Peconic' 4. Street Location R.O-.W. off Main Road - Route-,.-2-5-- 1\\7 oute-,.2-5-- \I L: 5. Acreage ofSlte Transferring 1,1, ,'6167 =sq. ft. 6. Zoning District A/C' APR 2 7 2011 - 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: Joseph G. and Patricia Brantuk By: Law offices of Peter S_ Danowski, Jr. , Esq. 616 Roanoke Ave- i Riverhead, NY 11901 727-4900 Agent: Law offices of Peter S. Danowski, Jr. ,Esq. , 61 6 Roanoke Ave. Riverhead, NY 11901 727-4900 Property Owner(s): Joseph G and Patricia Rrantuk and. 131 Nassau Blvd. Garden City, NY. 11530-2618 Nancy C. Pearson 3258 South Harbor Road (516 ) 747-6067 Southold, NY 11971 Surveyor: Young & Young, S_ veyors 400 Ostrander Ave. Riverhead, NY 11901 727 2303 Engineer: Thomas P Wolff ,rt , P_F_ 400 Ostrander Ave. Riverhead, NY 11901 727-2303 Attorney: Peter S. Danowski, Jr. , Esq. 616 Roanoke Ave. Riverhead, NY 11901 727 49nn 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. F . 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? No Affect any area reserved for public use? No Diminish the size of any lot? Yes ' I i Create an additional building lot? No Create a nonconforming lot? No Require a variance from the Zoning Board of Appeals? Nn Impact the future planning of the subject properties? No 11. Application completed by [x] owner k] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION,THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER,THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES,LOT WIDTHS OR MAKE EXISTING STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS,THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. LSignature of Preparer /- V, Date ` f PETER S. DANOWSKI, . R. , ESQ. March 9, 2010 s, I, Nancy C.Pearson,hereby authorize the law office of Peter S. ;Janowski, Jr., Esq.to act as my agent on the property of SCTM #1000 - 86 - 06 - 31, and handle all necessary work involved in the lot line modification process with the Southold Planning Board. NANCY C. PEAPSON Sworn be befon.,me this day of h'E�' ' 2010 N ar u WILLIAM H. PRICE, JR. Notary Public, State of New York No. 4644944, Suffolk County Term Expires February 28, 20 r March 9, 2010 We,Joseph G. Brantuk and Patricia Brantuk, his wife,hereby authorize the law office of Peter S. Danowski, Jr., Esq.to act as our agent on the property of SCTM #1000 - 75 - 06 - . , a d handle all necessary work involved in the lot line modification pro ess wi'h the Southold Planning Board. he tpB TUK PATRICIA BRANTUK Sworn be before me this day of March, 2010 Notary Public Notary Puu 11cA Sttatte of New York No.01 PE6106597 Qualifi din MCorn .Ex i efsoMar.8 2012 Applicant Transactional Disclosure Form �! The own of Svutlrold's Cod©of Etlucs r lti its co nfllc s o in eves on 1 e art of town officers and em 1 'e s 't ir' a�t` so of tli form is to bxovide lnfotniallon wlicln can alert the town Ofr�ssible ,+'j conflicts of interest and allow it to take whatever action Is necessary to avoid Barns. Your Name; Pearson, Nancy C. last name,first name,middle initial Unless you are applying itt tits sante of sonteone else of other entity,Bitch as a company. Xfso, indicate the other pet soil's or company's mine. Nature of Application: (Check all that apply) 'fax grievance Building Variance Trustee Coastal ErosionSpecial Exception i Change of zone Mooring X Subdivision plat Planning Site Llan other(Please name other activity) i Do you personally(or through your comliany,spouse,sibling,parent or child)have a relationship with any lie Town of Southold? officer or employee,of l -Relationship hncludes by blood,marriago or-bushtess interest. "Business.intetest"means a businesi,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation iii which the town officer or employee owns more than 5%of the,shares. Yes No X if you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person " Describe lie relationship between,yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer'or etnployee or his of her souse,sibling,•patent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a cotporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a colporathon); C.an officer,director,partner or employee of the applicant;or D.the actual appllcant Description of Relationship: •Q Submitted this y of Signature Print Name a cy a rson Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Brantuk, Joseph G. last name,first name,middle initial unless you are applying in the name of someone else or other entity,such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning X Site Plan Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: � � Submitted thi da2010 y o Sign atur ✓� � Print am Josep G. Brantuk • ,;iia i `Illy Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible ' conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Brantuk, Patricia last name,first name,middle initial unless you are applying in the name of sonteone else or other entity,such as a company. Ifso, indicate the otherperson's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning X Site Plan Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. `Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in'which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted day of m 2010 Signature -' t'' Print Name Patricia,Brantu • I" Southold Town Ph' ;na Board Work Session—Page Tin,' 1/19/10 Project name: Briarcliff Sod., Inc. SCTM#: 1000-97-10-1, 85-3-12.1 & 12.2_ Location: on the s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately 1,500 feet e/o Bay Avenue, in Peconic Description: This proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres from which the Development Rights to 21.22 acres have been purchased by The County of Suffolk for the purpose of farmland preservation. Status: _� Conditional Final Approval Action: Review Final Access Easement for drainage. Attachments: Easement P 'ect name: Mohrin Enterprises i SCTM# ro1000-75-6-7.1 thru 7.4 Location: s/e/s/o NYS-Rt: 25, 911' n/e/o Wells Rd., Peconic Descriptions _ minor subdivision of 4 lots on 34.738 acres Status: Final Approval - _ Action: Review proposed lot line changes for right-of-way. Attachments: _ (_Letter from Ap lip cant, map hand-out) Project name: Manor Grove/Conservation SCTM#. 1000-53-1-1.2 & 1.3 Subdivision and Lot Line Chan e Location: _ _ _ 68775 Main Road &650 Albertson Description: This proposal is to create a 2 lot conservation subdivision from a total of 29.843 acres, where Lot 1 would total .722 acres (31,450 sq. ft.) and Lot 2 would total 28.743 acres and will be preserved as open space, in the LB Zoning District. Status: Open Action: _ Accept application for review. Attachments: Staff Report/Timeline Discussion: • Request of George Penny to extinguish 25' of 50' right-of-way. Discuss setting public hearing, granting resolution and amending map. 2 WORK SESSION AGENDA { SOUTHOLD TOWN PLANNING BOARD Tuesday, January 19, 2010 4:00 P.M. 4:00 p.m. Applications Project name: Valero Service Station_ _ SCTM#: 1000-102-5-26 Loca_tion: on the n/w corner of Main Road and Depot Lane, Cutchogue Description_ _ This site plan is for the conversion of an existing automotive repair shop and gasoline service station to a convenience store and gasoline service station on an 18,473 sq. ft. lot in the Hamlet Business Zoning District. Status: _ _ New Site Plan Action: ^-- Review revised site plan and applicant's submission, including a traffic — analysis. Review applicant's request to the County to re-consider their original recommendation to deny the project. Attachments: Staff Report, Traffic Analysis, and applicant's letter addressed to the Count wy ith the response from the County_ ___ __ _ _ Project name: Matt-A-Mar Marina , SCTM#: 1000-114-3-1 —j Location: Wickham Avenue, Mattituck_ Description: expansion of boat storage and offices �-- Status: _ The approved site plan was extended to February 9, 2010. Action: _ The applicant requests an extension of time for the architect to complete I, _ . _ .._ _ his drawings^ Attachments: Request from Applicant Project_name:__ Zuckerberg, Lloyd P. TM 1.— SCTM#=000-86-1-10.9 _ Location: southwest corner of Wells Road and State Route 25 in Peconic Description: 80/60 Conservation Subdivision on 32.83 acres of land. Lot 1 equals j 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold__ Status: Sketch Approval _ _Action: _ Discuss grant of drainage easement to Town applicant. Attachments: Project name:_ ` Mazzaferro, Karen --( SCTM#: 1000-63_1-12 �r Location: _ on the east side of Horton's Lane, in Southold I Description: I This proposed standard subdivision-is to subdivide a 4.28-acre parcel , I into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90, 023 sq. ft, in the R-40 Zoning Districts _ Status: T-- --��_-Sketch Approval___ Action: Review Town Engineer Comments. Attachments___ Staff Report/Engineer Comments WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Mohd6y,,March,23, 2009r+e, a ; 4:00 p.rh. o �( 4:00 p.m. Site Plans & Subdivision Applications Subdivisions: Project name_ Nickart_Realty _-. � SCTM#:�_SCTM#1000-52-2-13 -L ocation: _ The property is located on the south side of CR 48, approximately 900 ___ feet west of Bayber Lane, in Southold. Description: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and-Lot 2 equals 17,438 sq. ft. in the R-40 Zoning-District. ......... Status: Prelimin yr Plat Review Action: _ Review the LWRP & a licants 3/12/09 submission. Attachments: A Staff Report _ Project name: Standard Subdivision of Joseph & SCTM#: ( 1000-64-3-3 Heidi Batt; 0q a c Location: _ This site is located on the west side of Hobart Avenue, approximately 1,059 ___ feet north from Terry Lane, Southold. De scription: _ This is a standard subdivision to "subdivide 95,846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f. in the R-40 Zoning District.__ Status: Sketch Plan review. As discussed,-review of the application will continue but wetlands will need to be accurately depicted on the plat plan. An amended plan has been submitted for review and based on staff review of this plan, the wetlands on the subject site remains inaccurate. Staff may begin the SEAR process for this unlisted action with uncoordinated review once an accurate Ian has been submitted. Action: — u Review memo and draft letter to the applicant regarding delineationAdvise the applicant the amended plan will need to be revised to accurately reflect the wetlands on site. It is further recommend that the applicant request guidance _ _ from planning staff regarding the inaccuracies of wetland depicted on the lat. Attachments: Department Memo & Draft letter to applicant. Project name: Mohring Enterprises II SCTM#: 1000-86-6-31, 75-6-7.2, 7.4 & 7.7 Location: Main_Road in Peconic__ Description: ^- 4 lot minor Subdivision — Lot 1 is 5.3233 adzes, Lot 2 is 5.3046 acres, Lot 3 is,5.1105 acres and Lot 4 is 19 acres and is,subject to Suffolk County Development Rights. — Status_ _ ^_ Approved Minor Subdivision__ Action_ — _ Review Request for Lot Line Modification (resubdivision)_.______, Attachments_ �-_Applicant's Letter LAW OFFICES 'I PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. E-Mail:pdanowski@danowskilaw.com jtaggart@danowskilaw.com November 10, 2009 Tamara S. Sadoo, Planner Town of Southold Southold Town Hall Annex 54375 State Route 25 -P.O. Box 1179 Southold, NY 11971-0959 Re: Joseph G. Brantuk and Patricia Brantuk, etc. Dear Ms. Sadoo: Consistent with an understanding reached with residential neighbors, including Dr. Nancy C. Pearson, Timothy Coffey, and Stanley and Doreen Freedner, the parts-have agreed to decrease the width of an existing right of way and to alter the boundary of the properties of Brantuk and Pearson. The Planning Board had previously listened to a discussion of this issue with Dr. Pearson and Mr. Brantuk in attendance. I believe this matter can be internally handled by the Planning Board with a simple resolution of approval, inasmuch as we will only be transferring a small piece of property from one property owner to the other. Please advise if anything further is required. As you may know, a dock application filed with the Board of Trustees by the Brantuks has not moved forward as my clients;the Brantuks, have attempted to work out an agreement with Dr. Pearson regarding the existing right of way. I ani forwarding a copy of this letter and a copy of the plan to the Trustees, so they can be aware of this application. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. 4 t cc: Southold Town Trustees Joseph G. Brantuk and Patricia Brantuk William H. Price, Jr., Esq. Nancy C. Pearson Stanley and Doreen Freedner Rudolph H. Bruer, Esq. Timothy Coffey Charles Cuddy, Esq. V LAW OFFICES l PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631)727-4900 d FAX(631)7274451 JOHN R TAGGART,ESQ. E-Mail:pdanowskl0danowskilaw.com jtaggart@danowskilaw.com January 29, 2009 Southold Town Planning Board Main Road Southold, NY 11971 Re: Request for Amendment to Minor Subdivision Plan Previously Prepared for Mohriag]Enterprises, II at Peconic Dear Members: I would ask for a date and time to appear before the Board at a work session to explain further the request as set forth in this letter. I enclose a copy of the minor subdivision plan prepared for Mohring Enterprises, 11. This contains a last date of March 21, 1984. The issue at hand concerns the 50 foot right of way as to that portion of the right of way traveling over a lot No. 1. As noted on the map, the 50 foot area expands to approximately 104 feet for a distance of approximately 140 feet to the approximate high water mask. Lot No. 1 is now owned by Dr. Nancy Pearson. Lot No. 2 is owned by my clients, Mr. and Mrs. Joseph Brantuk. The Bi-antuks perman6iitly reside in the residential home that they purchased from John and Gail Meyer. This is t e same parcel identified ' on the copy of the map submitted which contains the name "Sco az". Lot No, 3 is owned by the Preedners, and Lot No. 4, whivh in part was the su ject of the sale of development rights, is owned by Tim Coffey: I enclose a copy of some deed information.' As is evidenced in the documents, the original developer, Mr. Molu•ing, allowed for.,the potential of reducing the width of the right of way from 50 feet to 25 feet. Plans in that regard were prepared but may never have been approved by the Town. My client'has filed an application to build a dock consistent with his rights under his deed. This right to build is in common with others. Dr. Pearson does not wish to join in the construction or use of the proposed dock by Mr, Brantuk. She has agreed, subject to the approval of the other lot owners, to not object to the construction of the proposed dock on condition that (1) a 25 foot portion of the right ' - (. :IItT',4.1i}.y�+y• .M14 ••Ai' ;,l y(E: ^ ( • . I' Southold Town Planning Board Page 2 January 29, 2009 of way be eliminated and that the remaining 25 foot of the right of way be converted to a parcel to be owned by the other lot owners. In essence, Dr. Pearson will end up owning• less land but it will be free of any burden of a right'of way, and the other homeowners will own fee title to a parcel of land, not merely a right of way. This parcel of land will not be for residential building purposes but merely used to gain access to the dock that is to be built. Dr. Pearson has made it clear that she does not wish to own the underlying fee to the land to be used by others. She merely wishes to deed out that portion of the property as a separate parcel to be owned by others. This will not affect any residential build out. I would thunk the Board could administratively process this matter. Since there is no need to build a residential home or place any septic system or wells on the properly, I would expect no health Department permission is necessary and the lot to be created could merely be filed with the Planning Board office and Town Clerk's office. I enclose a map depicting the change within Lot No. 1. This map has been prepared by Young & Young and is last dated September 23, 2008. Very truly yours, ally PETER S. DANOWSKI, JR. PSD:gsg Encls. / cc: Dr. Nancy Pearson William Price, Esq. Stanley and Doreen Freedner Rudy Bruer, Esq. 119 c o Tim Coffey / Charles Cuddy, Esq. Joseph and Patricia Brantuk ' 2006 11:47 Aq,1F_n"r'JE ABST - 631 369 0199 "P.02 . THI(U 9 MUST BE TYVED OR HL— i- BLACK INK ONLY PRIOR TO ASCORDIhu"• ANQ. •jd N4LKCOUNTYCLLR[ 1521 3 +t 1720 P6923 SP Nweber Ilf w AlJ1 CL ATRI ht.1 r Iu Irl 0,1 r�J APR 4 1995 i MKAX Cudlletthrt ODed 1 111or1Imp INPIFU treat Dad I rdiW ulp Tut Sump 1111ordlnp!t1111011400F 1 rate l filling WN 1.finite Tin Iiolnilen ^�,� Bob Total 9"317(Ceoaly) ._ seb Teltd �)_ apec.lAdd. 2Ml217(State) , TOT.MTG.TAX Rt•.T�!l.A. �;�J Ouo1 Tuna-,_,�fival Caanly Ilebl rep Ap(lortlode at Comm of IUL D,91 + � ' TrauferTolt Allklarh _ Mendon Tu Cerlined Cally Tba propm?ceremd hf 1h41aarttp p /ZI, ,- ii or will be lmprmd by■oar or Nro ft Copy ._ Brb TolNt _ ra idly M"Ill"only. r- V113 or NU„_ Other __., _ GRAND TOTA1, II NO,Boll Mppruprtele ue claw on paps N�al rhlo Inilrtlnrap Root hoperty I'M=;Azu y Yeel"Catlon 6 Tito Gmpally Infortoollod t �r 1000 086.00 06.00 031,000 QOAtAptfWSAL�btJWoIkR00� � ..cepilny x•afe RH950176 t>u AID Can4_ Cheek 1F_Cherp_ �1 Commonwealth In I a IL Land't'itte in<uruneN C1�mpuny Voyer was aN RA A, 1 QrII+rn•9:1i111I1 IU•Idln�.r OLD COUN7nY nVAD,PO,BOX 414,RIVI:1111rA0.NY 11901 ®R:�i•rn.r,r,:•c�lf%l•�1 �Ccrir , sl RECORD&RITURN TO � Suffolk County Recording & Endorsement Page This page forms part of The affacbed Deed made by: (Deed,Mortgage,etc.) Arlon" Fedi The prem(all herein If 01cultteA Irrk� SUFFOLK COUNTY,NEW Y6klt. TO b the TOWN of Bouthuld NaneX C. Pearvan fn the V1LLt%Gt or HAMLET of peonis _ 1/--2006 11:47t ' "EBOGUE RBST 631 369 0199 ' -P.03 443 - hrm 100!•.....,,y—Mr,au..1 -111,",veal er,led unit.r&Aowtdl•t4,.j cer,mllr. t„gM,...,1 - 1* .,l`'�j'.• •gM�tllr�ittl�uwrw�y HeM1l1�iplal 1MEtt11unt1olr fare dytiedMpart Rlstgtetp elf ta1�er Nwr�tartare, . a.f>� 7H111nfDRPlllllllhh;mark llta S' dap of Mprr.h ,nlaeleen hundredTurd ninety-five ARLENE residing at 595-10 Main Street, Apt. 6DB, kooeevwlt Island, New York 10044' party of the first lam,rued NANCY C. PEARSON, residing at 3259 South Harbor Road, Southold, Now York 11971, Harty of aha errand put, t, MRI'lM!/iM Ilett the Fwy of fh4 fiat parrs in tumidilrylllon of ten Dulles Ahd odor vdN&W oonlldaf4flm aiti bbyeiar�ill ti or pen,doe here�y Giant trod referee unto she pony of alto teeaad psi,thus hdn Ent of the party of Iha aecand part forayer, ALL that cutaln plat,plan or pant at had,witk 11u bultilfnnpp Rind Improvainarlis thenen oroctad,situm, Iytsgtus Itailmiltudo at Peconicr Triwh of Solithold, County of Suffolk and State of Now York, Mort Partiettlprly boundrid and described err rollnwps, WINNING at a point on tho sou(:herly side of Main Road (NYS Route 251 Aka monument on the northeast corner of land now or formerly of Apolonim St.ankewleaf Ecom maid 00inl: of hegih,i hq RUNNING 'rHf:NCu' the following eight 18) courses and dlstancest (1) South 13 degrees 2 minutes 25 seconds Fant, 319.92 i:erttf (2) 901,10 12 degrees 17 minutAS 28 seconds East, 276,00 feAtf 131 South 15 dogreco 47 minutes 20 seconds Cast, 185.50,Pentl 141 South 14 degrees 10 minutes 28 sracondd East, 574.00 fast) (5) South 15 degrees 25 minutes 20 seconds East, 495.RD rant) (6) South 9 degrees 4D minutes 26 "econds East, 221.10 feetf 17) douth 9 degrees 10 minutes 28 seconds East, 140.00 fest) 18) South 9 degrees 25 minutes 28 seconds East, 333,02 frret to the true point of Beginning) THENCE North 63 degrees 55 minutes 51 second" ghat, 569.30 feett THRUCF South 27 degrees 01 minute's 47 sraconde Rant, 233.34 faetr THENCE South 60 degrees 31 minutes 07 artcottIds Wrist, 985.00 feet to the high Mater line of Richmond Creek) THENCE; North 14 degrees 16 minutes 00 seconds West along t17, high water line of Richmond 'Creek, 229.B0 feetl THENCE Narth 59 degroes 59 minutia 11 seconds East 352,00 feet) tAX.11Ap THENCF North 9 degrees 25 minutes 28 seconds west, 45.66 feet to the DeVIRYAT10N point or pl,actr of BEGINNING.' Dm T0013THER wit:1 all rf ht,tide anal interest,if any,of the parly of Lite fire) 1411 in olid to any .ureal■erf Set marls 1lbiflillt,B die above deacril rd pfsn 645 lu the center linea thereof;TOGETHER with the appurtenance and all the estate and rights of the party of the firsl i* In Land to said promises; TO NAVY: AND TO HOLD the premila Herein granted unto the part of aha■eennd he M th party of the wxand pmt forayer. y part,the ins or etttcdtsora And a/Isar of B r., AND INi'ENDE 01 B8 the same pramRaea conveyed to the p,lrty of th.r firot part Ldt.l by Dead datt,d 1-29-89 rind recorded 1-9-•88 in 1.1her 10550, cp 313, AND the party 01 the firer part eavenanta that the party of tier+ first pan hal not done nr.uttered anything whereby the said 1lteniset have bun encumbered in any way whalevar,except;a aforaald, Af1D the party o[the first part,in compliance with Sectlon 13 of the Lien Lw,euvenanl/that the party of tits feral part will receive 111.ttminierelion for tl,i1 fo114eyanee and will hold the right to receive such cunsid• .ration at a trust futld to pe applied Ar.r reP the ppv�rpase'oI payitq f 111e caul of The impeovement and will apply Ilia same fin)ea It Irvnleet of the cost of the Improyetnent tsrforr using any pari of the Iwai ul aha carte for ,any alhvr purpm. The limed"Fan?"eh>tll sae construed ai ft It rein"perms,"whenever the sense of this fedetture 10 req■lrati IN V4 NK"V"Q7UAP',the party of the first part has duly axireated the/tlerd The day and ytar Rrst above *tittle, Itt rt►wiMtN art , Arlene Fri1i `7-2006 11:48 PSL 3UE ABST 631 369 0199 P.04 �JLJ.(4v I' 1106VxX31 AFa.A ON N17 imam,""y 1$r - LaTu®r slats.e►qa,aettBlor�T oa •�� CM 1M ')'i *l of Starch 19 95 . b*tma ma On file day of 14 ,before me poraotlgly cum Arlene rnili peeebnally am a to the kltawn to be the iw5vidoal ductibed !n and who :o wit known to It dw individual dertfibed in a114 who RAVCV1e6 the lore¢¢ai1:i inargmlmt, and aeknowladpil tial eatcrued the lortgoing Inslrume®t, and acknowltdCed ihal she va mttd On maw executed the aunt. Nota:`y 1 a ' aTA1t1 w tentr vem Gamy Ca os1 $TA"OF AIM WOW CGVWT Of ate On the day of 1>a , before me Oh the day of '19 , befog me pananally came perteddlly came to a1s known who,b by WA drily awarn,dud depou and the subfctibily Whiten to the lgrgoldg i!atrumew. with any that he rycldle at No. whom 1 am personally ueainted, wbo, Laing by me duly swum,did depot and say that hA teddn a No. Thal he,is Ibe 10 that 6 imow! of IM emperatien daeeribed In And whfeh eNeeata4 Ila (01"ig htetrummt;thatht to be the fndIVId"I kawa Ila len) of Iadd arportlim; thtt the pal 4111XVd denrilted in and who esaeuled the (tm�elea fI►rlrunHnl; ` to 1414 inittlttr"is melt wr}lar%te tilt slut ie *13 sa that be, aid 1u6r Abinp v ittIew was pnemt Ind ww 40in(i by order of the bond of dlrretors of said corpora• eaecllle the!lme;ww that hr.aid whdeas. IW,ttnd dW he OpW It ossa Ownto by lam order. N Ifs same Ume sdbterlbed h hent as WIMP tlwrUo. "Navin; me i t 'x1a tmCnoN WI III COVANANT AGAINII C ZAPvTPA s Aris TIT4t1 f , ILMA lCT ARLENE FEILI BOUNTY OA TOWN Tell aILUNd AbUbella TO NANCY C, PEARSON rqwmhdNr4 Wa11 rTlettwmissoawn WTUVIN SY MAIL TO; Nauman t Comnae Counot.lors at LAW Da,..Dn�l h P.O. Box 1304 ®®R a a r 6i.p�� 9xidgehamgtonr Hew York 11932-1] 4 Gl9MY NUG i►N� 4 TOTAL P•.04 4s� a • IIIIIIIIIIIIIIIIIIIIIIillllllllllll 1 .*,,•• IIIlilllllllllllllli , - IIIIIIIIIIIIIIIilllll - . . • IIII SUFFOLK COUNTY CLERK �ZECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/29/2005 Number of Pages: 5 At: 04 : 17 :30 PM Receipt Number : 05-0033019 TRANSFER TAX NUMBER: 04-39$04 LIBER: D0001279 PAGE : 408 District': Section: Block: Lot: 1000 075 .00 06 . 00 007 . 002 EXAMINED AND CHARGED AS FOLLOWS Deed ,Amount: $2; 900, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .00 NO Handling $5 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Cert.Copies $6 .25 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax $11, 600 . 00 NO Mansion Tax $29, 000 . 00 NO Comup.Pres $55, 000 . 00 NO Fees Paid $95,761.25 TRANSFER TAX NUMBER: 04-34804 THIS PAGE ,TS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County � 2] , Number of pages REC IF:L'E[' 005 11 a r 29 04:17:30 PPl TORRENS EdklFir-d P.Rcrn�iee CLERK; OF Serial # SUFFOLK CQI_►f1'f1' L 1-0001.2,379 Certificate# F' 408 [,T# 04-34804 Prior Clf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/riling Fee ! '� . Mortgage Amt. 1. Basic Tax ' IIandliug AA5. 00 2. Additional lax 'ITP-584 J Sub Total Notation • Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT, MTG. TAX R.P.T.S.A. 3U Bd� Dual Town Dual County Held for Appointor fit Comm. of Ed. 5. 00 Transfer Tax / ia xQIP ' Affidavit �o�.._ - � , Mansion Tax , � �,. �•�, �Nb INbe4e Certified Copy - 5 �� The property covered by this mortgage is , or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause'oil - page# of this instrument. 4 Dist1000 -05011994 1000 07500 0600 007002 2 . - 5 Community Preservation Fund " PYS Real Properly RPOL q Consideration Amount $ Tax Service 8-MAR-0 Agency CPF Tax Due c $ sS 000 Verification, Improved Vacant Land G Satisfactions/Discharges/Releases List Property Owners Mailing Address 1LECORD & RETURN TO: TD PETER DANOWSKI, ESQ. TD 616 Roanoke Avenue TD PO Box 779 Riverhead, NY 11901 7 'Title Company Information Co. Name Title# 632-S-8015 81 Suffolk Count ' 'Recordin & Endorsement Pau This page fortes part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) JOHN MEYER & The premises herein is-situated in GAIL MEYER SUFFOLK COUNTY, NEW YORK. TO In the Township of S o u t ho lid,' JOSEPH G. BRANTUK & In the VILLAGE .)3RArN,TUK or HAMLET of Southold ,:,�.' 's• :tin BOXL , ,i C1� 3'N1 JS° ",D -''1�`S�i l ',fJ1�'rPRINTED IN BLACK INK ONLY PRIf}£t I�.IZ�'1 COItD11�}�"C�'1�"I ING.� j BARGAIN AND SALE DEED WITH COVENANT AGAINST i,iSt r, GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) FORM 8002 (short version), FORM 8007 (Yong;version) CAt1'I'ION:'I I IIS AGREEMENT SI IOULD BE PREPARED BY AN ATTORNEY AND REVIEWED 11 A 1"I ORNEYS WR SL?LLER AND PURCHASER n[ifORE SIGNING. TINS INDENTURE, made the Ar day of MARCH 2005, between JOIIN MEYER& GAIL-MEYER, of 44632 Main Road, Southold, New York 1 1971, party of the first part,and JOSEPH C.BRANTUK&PATRICIAAK BRANTUKhof 131 Nassau Boulevard, Garden City,New York 11530-2618) party of the second part; WITNESSETH, that the'party of the first part, in consideration ol"I'en Dollars and No Cents ($10.00), lawful money of the United States, and other good and valuable consideration paid by the party of the second part,.does hereby grant and 'release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever; ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly described in Schedule A attached hereto. SEE "SCHEDULE A" ANNEXED HERETO AND,MADE A PART HEREOF. BEING AND INTENDED TO BE the same premises conveyed to the parties of the First part by Deed, dated 12/17/98, and recorded in the Office,of the Clerk of Suffolk County, on 12/28/98, in Liber 11936, page 308. Premises known as : 44632 Main Road, - Southold, NY 11971 TOGETHER with all right, title and'interes't, if any;of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances aitd all the estate and rights of the party of the first part in and to said premises, TO fIAVEAND TO HOLD the premises herein granted unto the parly'of the second part, the heirs or successors and assigns ofthe party of the second part forever. NYSIIA's,ltcsidenlial heal Eslale Poi ms(9/00) 02004 Marlhew IRnder&Co.,,i member ol'Ihc LexisNexis Group. s+' F" SCI3EDULE "A" ' and being in the Town of -All that certain plot piece or parcel of land, situate, lying S OUTHOLD, at S OUTHOLD, County of Suffolkand State of New Yorkbeing bounde and described as follows: ibed BEGINNING at a stake set in the northwest coiner of the premises about to�Road,said'point being distant 2020.69 feet southerly from the southarlyTI�NCL fiom said point P Route 25 along tl`e westerly side of a 50li�$ degreesd07 minutes 20 seconds east, 483.57 of beginning through.right of way, not feet to lands now or formerly of Terry; THEN CE along said lands, south 11langrerise� ml nutes 40 seconds east, 403.99 feet to lands now or formerly of Mo Ing rP • � along said lands and through a right of way, south 63 deg NCE long saes 55 id Inc. , THENCE g 53 seconds west, 522.74 feet to lands now or formerly of Steak�w1wing THENCE courses and lands and along the westerly side of a right of way, th distances: 333.02 feet; 1) north 9 degrees 25 minutes 28 seconds West 148.00 feet; 2) north 9 degrees 10 minutes 28 seconds , 3) north 9 degrees 40 minutes 28 seconds west, 51.63 feet to the point or place of BEGINNING. i TOGETPICR WITH A RIGHT OF WAY 50 FEETIT O��Y SUBJECT TO AND RUNNING FROM MAIN ROAD TO RICHMOND CRE MINI L RIGHT 9857 CP 224 'IS MORE PARTICULARLY BOUNDED AND D AND RICHMOND CREEK AND FOR INGRESS AND EGRESS TOUTILIOTID, SAID RIGHT OF WAY TO BE IN INSTALLATION OF UNDERGROUND WITH OTHERS. THE RIGHT OF WAY TO RICHMONDCRE T TESTI AND COMMON WI 4 TIS BE FOR THE EXCLUSIVE USE OF LOTS 1, 2, 3 AND INVITEES AS PER LIBER 9857 CP 224. I, a° AND the party of the first part, covenants that the party of the first pari has not done or : 5 uttered anything whereby the said premises have been encumbered in any way whatever, excel5t as aforesaid. / AND the party rt of the first part, in compliance with Section 13 of the Lien Law,covenants or his he that the party of the first part will receive the considerationdlied first For lite conveyance i��ose of p<ayingtll e right to receive such consideration as a trust fu p , cost of the improvement and will rt of the total of the same foe same first to the r any othylliellt er r per cost - the improvement before using any part of t ed as if it read "parties" whenever the sense of this The word "party" shall be constru , indenture so requires. IN 6VITNESS b1'I-IE'REOF, the party of the first part has duly executed this deed the clay and year first above written. IN PRESENCE OF: jp gYE, 1IL MCR .n 04 FYIa' 2004 Matthew Bender&Co,a member of the L.exisNexls(Troup• NYSnA'ti Itesidenlinl Item I?sl de Forms(9/00) -2— Acknowledgment by a Person Within New York Slate(RPL § 309-a) STATE Of NEW YORK ) ° ss.. COUNTY OF SUFFOLK ) On the day of MARCH in the year 2005, before me, the undersigned, personally appeared JOHN MEYER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the sante in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (signat a e of individual takin acknowledgment) KENNETH B. ZAHLER Notary Public,State of New York Suffolk County - No, OIZA4517618 Term Expires February 28, 2007 Acknowledgment by a Person Within New York State(RPL § 309-a) s STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the day of MARCR in the year 2005, before me, the undersigned, personally appeared GAIL MEYER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed file instrument. (signature an office of in ividual taking acknowl figment) KENNETH B. ZAHLER Notary Public, State of New York Suffolk County - No. 01ZA451�618 Term Expires February 28, 2007 Meyer,Jolm/A,1632A4ninitd/Deed-Brnuluk3-15-05 NYSnA's Residential iteal Gslatc forms(9100) ©2004 Matthew render&Co.,a member of the I,exisNexis(iroup - ;.; 1 ; , • 01720 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT CORM For UNLISTED ACTIONS Only PART I-PROJECT'INFORMATION To he com feted by A 211Pcant or NAME t Sponsor) 1, APPLICANT/SPONSOR Jose hG. and Patricia Brantuk - Lot 'Line Modification Brahtuk Byy: Law �,ppf f ice of,Peter S. Danowski ,Jr. Es . and, Naricy C.Pears n 3, PROJECT LOCATION: County Suffolk , Municipality Peconic 4. PRECISE LOCATION(Street address and road intersection$,prominent landmarks,etc.;or provide map) ; Main Road (N.Y.S. Route 25) - R.O.W. to Richmond Creek 5. PROPOSED ACTION IS: New Expanslon Modiflcallonlallerallon 6. DESCRIBE PROJECT BRIEFLY: Deed part of ,Pearson parcel subject to R.O.W. ; extinguish part of 'R.O.W. on retained parcel of Pearson. 7. AMOUNT OF LAND AFFECTED: 1 acres (approximately 11 ,6,67 s.f. ) (nitlally4 1 acres Ultimately 0. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? x Resldenlls) Industrial n Commercial n Agriculture 0 ParWForesUOpen Space El Other, , Describe: _ P f �` 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FRO OTAPERR G20�RNM�NTAL AGENCY (FEDERAL,STATS OR LOCAL)? �(J 1 Yes No" 'If Yes,list egency(s)name and permll/approvals: s __3 11: DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 Yes �{ No If Yea,Ilst agency(s)home and permldapprovals:' ;ti 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAP.PROVAL REQUIRE MODIFICATION?_- Yes E] No' o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Dale: 10 AppllcanUsponsor nampr') Nanc Signature: If the action is in the Coastal Area, and YOU are a state aggency, complete the Coastal Assessment Form before proceeding with this'assessment OVER ' 1 pI�R1'it IMPACT ASSESSMENT"��`b� completed b Lead A ehc• ' A, DOES ACTION EXCi:ED ANY TYPE I THRESHOLD IN 6 NYCRR,PART M7,47 If yes,coordinate the review process and use the FULL EAF. Yes `"� No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 If No,a negative declaration may be supersedes(by aholher Involved agency. Yes E] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answere,may be handwritten,if legible) Ci. Existing air quality,surface or groundwater quality or quenlity,noise levels,existing traffic pattern,solid waste production or disposal, f potential for eroslon+drainage or flooding problems? Explain briefly: ' C2. Aesthetic,agricultural,arctieeologlcal,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not Identified in C1-05? Explain briefly: C7. Other impacts(Including changes In use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? _ , Yes No ' If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ej Yes n No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect ideniifidd above,determine whether It Is substantial',large,Important or otherwise significant. Each effect should be assessed In connection with its(a)setting (i.e.urban or rural); (b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope; and (f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. If question D of Part II was checked yes,the determination of slgnlficoncd must evaluate the potential Impact of the proposed action on the environmental characteristics of the CEA. 0 Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL SAF and/or prepare a positive declaration. nCheck this box If you have determined,based on the Information and analysis above and any supporting documentation,that the proposed action WILL NOT result In any signlficani adverse environmental Impacts AND provide,on attachments as necessary,the reasons supporting this determination ems o. ea Agency Date r nt or Type Name of Responsible O ffcer n Lead Agency Title of Responsible officer Signature o Responsible O ficer n ea Agency S gnature o Preparer I f Brent from responsible of ser 017.20 • Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed b y A llcant or Project Sponsor) 1. APPLICANT/SPONSOR Joseph G. and Patricia 2. PROJECT NAME Brantuk, By: Law office of Peter S. Brantuk - Lot Line Modification Danowski, Jr. , Esq. and Nancy C-I-Pc-arson 3. PROJECT LOCATION: Municipality Peconic County Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) Main Road (N.Y.S. Route 25) — R.OW. to Richmond Creek 5. PROPOSED ACT ION IS: E] New Expansion Modification/alteration 8. DESCRIBE PROJECT BRIEFLY: Deed part of Pearson parcel subject to R.O.W. ; extinguish part of R.O.W. on retained parcel of Pearson. 7. AMOUNT OF LAND AFFECTED: 1 (approximately 11 ,6-67 s.f. ) Inlllally c 1 acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? El Yes FiNo If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJEC77 M Residential F] Industrial El Commercial Agriculture El park/Forest/Open Space E] Other Descri e: 1 ' r'r"- OR FUNDING,NOW OR ULTIMATELY FROM'ANY OTHER GOVERNMENTAL AGENCY 10. DOES ACTION INVOLVE A PERMIT APPROVAL, r., (FEDERAL,STATE OR LOCAL)? t',� Z- 7 201'1' E]Yes n No 'If Yes,list agency(s)name and pennit/approvals: i '," AW,R, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes L I-XI No if Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? El Yes No Lot ine I CERTIFY THAT TAE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Josep G Brantuk and Patricia Brantuk Date: / ,a Signature: If the ction i in the Coastal Area, and you are a state agency, complete the oastal Assessment Form before proceeding with this assessment OVER 1 'Y PART II- IMPACT ASSESSMENT r v be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. Yes � No 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 If No,a negative declaration may be superseded by another Involved agency. Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) Ci. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-057 Explain briefly: C7. Other Impacts(Including changes In use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS-THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? 11 Yes n No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes n No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether It is substantial,large,Important or otherwise significant. Each effect should be assessed In connection with its (a)setting (i.e. urban or rural); (b)probability of occurring; (c)duration; (d)Irreversibility;(9) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations conlain sufflclent detail to show that all relevant adverse Impacts have been Identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential Impact of the proposed action on the environmental characteristics of the CEA. Chock this box If you have Identilled one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the Information and analysis above and any supporting documentation,that the proposed action WIL NOT result In any significant adverse environmental Impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer In Lead Agency Signature of Preparer(if different from responsible officer) MAILING ADDRESS: PLANNING BOARD MEMBER ' O��QF S0(/ryOl P.O.Box 1179 MARTIN H.SIDOR O Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS va y� Town Hall Annex KENNETH L.EDWARDS G O 54375 State Route 25 JAMES H.RICH III 'Q DONALD J.WILCENSKI l�'�+ (cor.Main Youngs Ave.) �UNT`l+ Southold, d,NY Telephone: 631765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 14, 2011 Re: Deferred Revenue The Lot Line change application listed below has been accepted by the Planning Board; therefore the funds may be processed to Revenue Account B2115.10: Planning Application Fees. Thank you. Applicant/Project Name & Tax Map Amount Check Type # Date/No. Brantuk Lot Line Change 86-6-31 &75- 6-7.2 $500.00 4/26/11 -#21453 LR SCHEDULE C November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel A (Confirmation Description Nancy C. Pearson After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II", said point being situate North 63 deg. 55 min. 53 sec. East as measured along said division line 26.09 feet from the easterly line of land now or formerly Little Bear Realty, Inc.; RUNNING thence from said point of beginning North 63 deg. 5 5 min. 53 sec. East along said division line and along land now or formerly Corey Creek LLC 542.21 feet to land now or formerly Bradley Anderson & Francesca Anderson; RUNNING thence South 27 deg. 01 min. 47 sec. East along land now or formerly Bradley Anderson & Francesca Anderson 233.34 feet to land now or formerly Nancy C. Pearson; RUNNING thence South 60 deg. 31 min. 07 sec. West along land now or formerly Nancy C. Pearson 987.29 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following four (4) tie-line courses and distances: 1. North 04 deg. 47 min. 11 sec. West 73.51 feet, 2. North 13 deg. 06 min. 48 sec. West 44.58 feet, 3. North 17 deg. 41 min. 26 sec. West 39.74 feet, 4. North 15 deg. 48 min. 44 sec. West 33.22 feet to land this day acquired by Joseph Brantuk & Patricia Brantuk; Page 2 November 9, 2011 RUNNING:thence along said land the following four (4) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 82.77 feet, 2. North 30 deg. 00 min. 49 sec. West 15.00 feet, 3. North 59 deg. 59 min. 11 sec. East 290.00 feet, 4. North 09 deg. 25 min. 28 sec. West 70.47 feet to the point or place of Beginning. CONTAINING an area of 4.9628 Acres. TOGETHER with a certain right of way. I - SCHEDULE D November 9, 2011 , I JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Parcel B '(Confirmation Description Joseph Brantuk & Patricia Brantuk After Alteration) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being Lot 2 and a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II RUNNING thence from said point of beginning along land now or formerly Little Bear Realty, Inc. the following three (3) courses and distances: 1. North 09 deg. 25 min. 28 sec. West 333.02 feet, 2. North 09 deg. 10 min. 28 sec. West 148.00 feet, 3. North 09 deg. 40 min. 28 sec. West 51.63 feet to Lot 3, Minor Subdivision, "Mohring Enterprises II"; RUNNING thence North 78 deg. 07 min. 20 sec. East along Lot 3, Minor Subdivision, "Mohring Enterprises II" 483.57 feet to land now or formerly Corey Creek LLC; RUNNING thence South 11 deg. 52 min. 40 sec. East along land now or formerly Corey Creek LLC 403.99 feet to land now or formerly Nancy C. Pearson; i Page 2 November 9, 2011 RUNNING thence South 63 deg. 55 min. 53 sec. West along land now or formerly Nancy C. Pearson 496.65 feet to the line of land this day conveyed by Nancy C. Pearson; RUNNING thence along said line of land the following four (4) courses and distances: 1. South 09 deg. 25 min. 28 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 290.00 feet, 3. South 30 deg. 00 min. 49 sec. East 15.00 feet, 4. South 59 deg. 59 min. 11 sec. West 82.77 feet to the approximate high water mark of Richmond Creek; RUNNING thence along the high water mark of Richmond Creek the following two (2) tie-line courses and distances: 1. North 15 deg. 48 min. 44 sec. West 19.09 feet, 2. North 33 deg. 44 min. 29 sec. West 21.54 feet to land now or formerly Little Bear Realty, Inc.;I RUNNING thence along land now or formerly Little Bear Realty, Inc. the following two (2) courses and distances: 1. North 59 deg. 59 min. 11 sec. East 352.17 feet, 2. North 09 deg. 25 min. 28 sec. West 45.68 feet to the point or place of Beginning. CONTAINING an area of 5.5726 Acres. TOGETHER with and subject to certain rights of way. ' 1 SCHEDULE E November 9, 2011 JOSEPH BRANTUK & NANCY C. PEARSON at Peconic, Town of Southold Suffolk County, New'York Surveyor's Description - Boundary Alteration Map Joseph Brantuk & Nancy C. Pearson Right of Way #1 (Right of Way Over Portion of Parcel B for the Benefit of Parcel A) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being a portion of Lot 1, as shown on Minor Subdivision, "Mohring Enterprises II" filed in the Office of the Town of Southold, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly Little Bear Realty, Inc. at the division line between Lot 1, Minor-Subdivision, "Mohring Enterprises II" and Lot 2, Minor Subdivision, "Mohring Enterprises II"• RUNNING thence from said point of beginning North 63 deg. 55 min. 53 sec. East along said division line 26.09 feet to a point; RUNNING thence along Parcel A the following two (2) courses and distances: 1. South 09 deg. 25 min. 29 sec. East 70.47 feet, 2. South 59 deg. 59 min. 11 sec. West 26.71 feet to a point; RUNNING thence North 09 deg. 25 min. 28 sec. West through Parcel B and along land now or formerly Little Bear Realty, Inc. 72.39 feet to the point or place of Beginning. ti LAW OFFICES c PETER S. DANOWSK1, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX(631)727-7451 E-Mail- pdanowski@danowskilaw.com JOHN P.TAGGART,ESQ. jtaggart@danowskdaw.com October 12,2011 '`,\:��a•�' 3 2011 .� Southold Town Planning,Office ���� �,� QCT P.O. Box 1179 ,Ft "�•� Southold,NY 11971 ,, Re: Proposed Lot Line Modification of Brantuk and Pearson' Dear Sir or Madam: Although much of the information'requested has been provided in-the past in one form or another,I provide a response to your'July 26,2011 letter as'follows: , a. Lots,2',' 3-and-4 currently owned by the Brantuks,the Freedners and Tim Coffey will be the only parties having access to the water over the newly described right of way. Fee title ownership will be transferred by Dr.Pearson to the Brantuks subject to the rights of the Freedners and Tim Coffey to travel over said property. In fact,the Freedners and Tim Coffey as lot owners already have the right of access although the width of the access path will be changed per the understanding with Dr.Pearson. To the extent that we will alter the boundary line,Dr. Pearson will now actually own a portion of her property free of any rights of travel over same currently owned by the same above- mentioned other lot owners. Also;the Brantuks will now own the underlying fee per the,alteration of boundary line plan free of any rights of Dr. Pearson to travel over that portion of the right of way providing access to the water. In fact,the remaining property of Dr.Pearson has direct access on the water without the use of the right of way. �b I will.provide "Affidavits"from the other lot owners albeit that I had forwarded a copy of an executed agreement setting forth the understanding.amongst the parties. � c I4`ill•provide draft deeds. r d. Dr.Pearson's existing right's'over a way`to New York State Route 25 will continue to exist without the need for a new access easement. However,her rights over the access path to the water will be extinguished as those'rights exist in regard to the area being acquired by the Brantuks. e. I would ask that the Planning Board and Board of Town Trustees communicate directly with Dr.Nancy Pearson or her counsel with regard to this issue. Very truly yours, owl V`-, Peter S. Danowski,Jr. PSD/eaf cc: Mr. and Mrs.Joseph Brantuk �f soar MAILING ADDRESS: PLANNING BOARD MEMBERS ��� yQl P.O.Box 1179 MARTIN H.SIDOR h Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS Q 54375 State Route 25 JAMES H.RICH III I�COU'ml�� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Irl 1, Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 2011 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Close Hearing: Proposed Lot Line Modification for Brantuk & Pearson Located +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Southold SCTM#1000-75-6-:7.2 & 86-3-31 Zoning District: A-C f Dear Mr. Danowski: A public hearing was held by the Southold Town Planning Board on Monday, August 8, 2011 regarding the above-referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman L/ AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 44632 Main Road, Southold, NY 11971 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the streets)where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the pub ' Barin on A„�p,�t �, .off I ha sent notic�s, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of re rd of every property which abuts and every property which is across on Peter S. Danowski, Jr. Yo m (pr' t) �--F MOO Signatu i AUG - 8 2011 Address DaiA Notary Public mETN ATALLON NotootHewyank ew RO f'V,AA 67 ONC PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 8/5/11 Re: Proposed Lot Line Change for Brantuk and Pearson SCTM#s: 1000- 75-6-7.2 & 86-3-31 Date of Hearing: Monday, August 8, 2011, 6:00 p.m. STATE OF NEW YORK) COUNTY OF SUFFOLK) TOWN OF SOUTHOLD ) --------------------------------------------------------------x In the Matter of the Application of JOSEPH &PATRICIA BRANTUK AND NANCY PEARSON AFFIDAVIT OF MAILING 44632 Main Road,Southold,New York -- SCTM# 1000-75-6-7.2 & 86-3-31 Location of Property c I _ ' AUG 8 2011 ----------------------------------------------------------------x Southold Toym I,Elizabeth A.Fallon,being duly sworn,deposes and says: A_4 P!: I am not a party to the action,am over 18 years of age and reside at Ridge, New York. That on the 21st day of July,2011,I did send notification,copy annexed hereto,by certified mail,return receipt requested,to each of the persons shown on the annexed schedule,as required by Section 108-3(A)(3) & 108-3E(2)for a public hearing for an application: PROPOSED LOT LINE MODIFICATION scheduled to be held on the 8th day of August,2011 at 6:00 p.m. 4� 441&n E ' abeth A.Fallon Sworn to before me this ?NotakEU'*c y ofAairnlQi- ,2011 JOHN P.TAGGART NOTARY PUBLIC,State of New York No.02TA5029408 %1, uain ff k� n�y Commission Expires Nancy C.Pearson ° 3258 South Harbor Road Southold,NY 11971 Stanley Freedner Family Trust 2157 Sycamore Avenue Ronkonkoma,NY 11779 'Timothy Coffey 44900 Route 25 Southold,NY 11971 Corey Creek LLC ` c/o Bedell North Fork LLC 36225 Route 25 Cutchogue,NY 11935 F„ Corey Creek LLC 36225 Route 25 Cutchogue,NY 11935 Bradley and Francesca Anderson 51 Cranberry Street Brooklyn,NY 11201 Henry E.Pierce d 1675 Wells Road P.O.Box 235 Peconic,NY 11958 Henry and Jenny L. Pierce 2615 Wells Road Peconic,NY 11958 Joan M. Condit Revocable Trust b 2765 Wells Road Peconic,NY 11958 ,0 Little Bear Realty Inc. Attn: Davidoff& Malito LLC Attn: Howard B. Present 605 Third & 34th Avenue New York,NY 10158 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSEE C Southold,NY 11971 Chair to Z OFFICE LOCATION: RICHARD CAGGIANOTown Hall Annex WILLIAM J.CREMEAS y�ol ���� 64375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Re-Subdivision/Lot Line Modification APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name "Minor Subdivision - Mnhri nci Enterprises, I>!' 2. Suffolk County Tax Map# 1000 - 86 - 06 - 31 ; 1 000 - 75 - 06 - 7:2 3. Hamlet Peconic 4. Street Location R.O.W. off Main Road -,.Route 25 5. Acreage of Site Transferring 11 ,'6,67 sq. ft. 6. Zoning District A/C APR 2 7 2011 7. Date of Submission 8. Please provide the.names,, addresses and phone numbers for the following people: Applicant: Joseph G. and Patricia Brantuk By: Law offices of Peter s- Danowski, Jr. , Esq. 616 Roanoke Ave_ Riverhead, NY 11901 727-4900 Agent: Law offices of Peter S. Danowski, Jr. ,Esq. 616 Roanoke Ave. Riverhead, NY 11901 727-4900 PropertyOwner(s): Joseph G and Patricia Rrantuk and: 131 Nassau Blvd. Garden City, NY 11530-2618 Nancy C. Pearson 3258 South Harbor Road (516 ) 747-6067 Southold, NY 11971 Surveyor: Young & Young, Suryeyxms 400 Ostrander Ave Riverhead, NY 11901 727- 7tnz Engineer: Thomas P wn1 part-, v E 400 Ostrander Ave. Riverhead, 'NY 11901 . 727-2303 Attorney: Peter S Danowski, Jr. , Esq. 616 Roanoke Ave. Riverhead NY 11901 797 49no 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. SFT PRIOR i-ORRESPONDENCE ENCIOSED HEREWITH- 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? No Affect any area reserved for public use? No Diminish the size of any lot? Yes Create an additional building lot? No Create a nonconforming lot? No Require a variance from the Zoning Board of Appeals? No Impact the future planning of the subject properties? No 11. Application completed by [g] owner k] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION,THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW . IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER,THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES,LOT WIDTHS OR MAKE EXISTING STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS,THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Prepare r Date ��� PETER S. DANOWSKI, R. , ESQ. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 , W „1 FAX 631 727-7451 ( a ( r E-Mail: pdanowski@danowskilaw.com JOHN P.TAGGART, ESQ. jtaggart@danowskilaw.com .w.. ' i May 12, 2017 ��Uiruirnuc pnbu Dr. Nancy C. Pearson 3258 South Harbor Road Southold,NY 11971 Re: Deer Fence—Right of Way Dear Dr. Pearson: This letter is forwarded to put you on formal notice to immediately remove the fence you have erected interfering with the other lot owners right-of-way to Richmond Creek. Had you cooperated with the Southold Town Planning Board and agreed not to install a separate dock on your property, the alteration of boundary line would have been approved by the Town's Planning Board. After transfer of properties consistent with our agreement you had executed you could have applied for and sought permission to erect the fence consistent with the altered boundary. Since you have not agreed with a Planning Board requirement, the 50-foot right of way with over 100 feet of access along Richmond Creek remains for the benefit of the other lot owners. Very truly yours, PETER S. D1 SKI., a. PSD:mmc Encl. cc/William Price, Esq. Michael Kimack, Esq. Joseph& Patricia Brantuk William Duffy, Esq. (w/map) Southold Town Trustees (w/map) Southold Planning Board (w/map) Young do Young 400 Ostrander Avenue, Riverhead, New York 11901 63f-727-2303 Al Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Z Robert C. Tast, Architect Douglas E. Adams, Professional Engineer NOTES I LOT NUMBERS REFER TO MINOR SUBDIVISION - "MOHRIN6 ENTERPRISES II" x b s N � (V CERTAIN AREAS SITE ZPARCEL PRIOR AFTER BRANTUK 5 504 7 ACRES +0.26-19 ACRE =55726 ACRES r0 OF v, foren\ ss prderg0 n g0� � PEAR50N 5.2307 ACRES -02679 ACRE =4.9628 ACRES now or formerly rodey 0 Ande o — 'nus (Subject to Suffolk CeSk County Devel pment Rights)ey Cree�, LLC ` �rQ,� FRAME 9TO 9 SHED 'E FRAME EARN �.SW 511°52'40"E 403Aq' � 099 KEY MAPa. mf 0 q 4 04.9' REPUTED OWNERS SCALE: I"=600' �r� 3 pky VANNN a Z LOT 1 ase oto-B6-06-31 $yE< NANCY G. PEARSON �"4> 5258 SOUTH HARBOR ROAD 5�og O SOUTHOLD, NEW YORK IKIT240 7:¢ N _ —1----_—___ i W "0 LOT 2 1000-75-06-7.2 JOSEPH 5RAN7UK 151 NASSAU BOULEVARD o "g 0 'S GARDEN CITY, NEW YORK II550-2616 I m t R Lot 2 �g Lot I 3s 9M Lot 4 —1 w H ry S (subject to Suffolk County Developmelnt Rights) r- s y fi �o €s yonB w�h` ry n' R SURVEYOR'S CERTIFICATION E R A N T U K �' Ta rE w THI5 MAP PREPARED FROM FIELD SURVEY5 COMPLETED @N o� F POND C S �A ° X11 � ° n g 9Cn J - - x "PEARSON PARCEL PHOTOGRAPHY. AND FROM RECORD MAPS AERIAL a`Fu 9N R G.W. o WAY WAY E RIGHT OF 15°25'28' W 495.50 169.47' NOw�ce RML lwxhr sham echo 9 S NI4°l0'2B"W 9°40'2&'W 148.00' NOq°25'28"W �p SIa92' z 6.0 IS5.50' NOq 1028'IN 3-!8.70' 3 V' NI05 NI °1 '2 I5°4726"✓ Oq°4o' W ?° ' f_ s 51.63' ze u� B 3 EXISTING now or formerly y s�= y � mPROPERTY LINE o p m Little Bear Reolty, Inc. "BRANTX PARCEL'' 1 L 0 a+ 9 0 a o HOWARD W. YOUNG, N.Y.S. L.S. NO. 4515-13 0 0 � 53 °0 PROPOSED \5 00 \\::yi T LINE ALON&APPROXIMATE PROPERTY LINE W� �5q ? HocAMFE,15 NOUNS a rOUNS = 2 ONJ0NE12,n.1 BOUNDARY ALTERATION MAP w JOSEPH SRANTUK � NANCY 0. PEAR50N � dio= No4°47'11"W At Peconlc, Town of Southold 43°86'46"w - peg N33°44'2-1"4 44:58' 21.54' NI7°41'26"W Suffolk County, Naw York ' NI5°48'44"W 5q.74' Iq.Oq' NI5'4644"W 111 2 ] 2011 RICHMOND GREEK SKETCH PLAN �Q B MAP PREPARED NOV. 03, 200-1 9 SCALE: I"=100' JOB NO. 2007-0259 I OF DWG, 2004-0715-ffi5-9CBtLh-poll 0= MONUMENT SET 0= MONUMENT FOUND = STAKE SET A= STAKE FOUND