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Legal Notices -2- October 11,. 1979 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west~by Hart, east by Goose Creek Lane Association. 8:25 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York, (George C. Stankevich, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8:35 P.M. (D.S.T.) Upon application of Robin A. Raeburn and Mary Elizabeth Murphy, by Georfe C. Stankevich, Esq., Main Road, S~uthold, New York, for a Variance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and~Baxter Properties, east by Parr. 8:50 P.M. (D.S.T.) Upon application of Ronald J. Edeen, Main Road, East Marion, New York (Rudolph H. Bruer, Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to subdivide property with insufficient area and width. Location of property: Main Road, East Marion, New York; bounded'north by Reybine, south by Main Road, west by Limouze, east by Dam Pond. 9:00 P.M. (D.S.T.) Upon application of Vincent and Catherine Acunto, 35 Glenrich Drive, St. James, New York (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insuf- ficient frontyard setback. Location of property: Gagen's Landing Road and Clearview Avenue, Southold, New York; bounded LEGALNOTICE NOTICE OF HEARINGS PursUant to Section 267 of the Town Law and Pwvisions of the Amended Building Zone Ordinance of Southold Town, New York, public.hearings will be held by the Zoning Board of Appeals at Town Hall Main Road, Southold, New York, on Thursday, October 11, 1979 on the following hearings: 7:30 P.M. (D.S.T.) Upon ~pplication of Charles and Edna Hart, Smith Drive South- old, Southold, New York, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31, for permission to subdivide with insufficient area add for permission to'.construct dwell- 'ing with insufficient rearyard setback. Location of property: Smith's Drive l~orth, South- old, New York;bounded north by Smith Drive; south by ~catiOn' of Reic~-B~o-/hers Automotive Service Inc., Front Street, Greenport, New York (William H. ~ice, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91, for iload, ~/outhold, New Y~/'~; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8'35 P M. (D.S.T.) Upon _a~llcatton at Boom A. ~ae~, buin and Mary I/lizab,etJ), ~u_r~.hv, by oeorge C. Stan~:- kevich, Esq., Main Road, -'Southold, New York, for a Variance for approval of ac- cess, New York Town Law, Section 280A. Location of property: Bridge Lane Exten- sion, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Proper- ties, east by Parr. 8:50 P.M. (D.S.T.) Upon .application of Ronald J. Ed- north by County Road, east and south by Suffolk County, west by c-ralton, and others. 11:20 P.M. (D.S.T.)Upon application of Southold Town Demacratic Committee, South- old, New York, for a Special Exception to the Zoning Ordin- ance to erect an off-premises directional, sign. Location of property: Main Road, Laurel, New York; bounded north by Main Road, south by Murphy, west by Rodden and others, east by Old Main Road. BY ORDER OF THE SOUTHOLD TOWN 'BOARD OF APPEALS IT, 10/4/79 (1008~ COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count/; and that the notice of which the annexed is a printed copy, has been published in said Lon~ Island Traveler-Watch- / man once each week for .......... ]. ............................ weeks successively, commencing on the ....~ .................................. ................ Notary Public A NTOiWI~]'£ BERKOSKI NOTARY Pt~!.t~. State of N~-,v York ~cL"~ In Sultolk County No. 52-45~196 ~ion ~p~ ~rch 30. 19~ ~ LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 o~ the Town Law and Provisions of the Amended Building Zone Qrdinanee of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals at Town Hall, Main Road, Southold, New York, on Thursday, Oc- tober 11, 1979 on the following hearings: 7:30 P.M. (D.S.T.) Upon application of Charles and Edna Hart, Smith Drive South, Southold, New York, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31, for permission to subdivide with insufficient area and for permission to construct dwel- ling with insufficient rearyard setback. Location of property: Smith's Drive North, South- old, New York; bounded north by Smith Drive; south by Smith Drive South; east by Smith Drive South: west bv Carway and Hoffman. 7:45 P.M. (DS?I'.) Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oak- dale, New York (Irving L. Price, Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permis- sion to construct dwelling with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New York, bounded north by Corey Creek Lane~ south by Corey Creek; west by Hammer- schlag; east by Corey Creek Lane. 8:00 P.M. ID.S.T~) Upon application of Belch Brothers Automotive Service Inc., Front Street, Greenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Art- icle IX, Sections 100-90 and 100-91, for permission to oper- ate an Automotive Repair Shop. Location of property: Rocky Point Road. East Mar- ion, New York; bounded north by Edwards; east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Soutbeld, New York (George C. Stankevich, Esq.), for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southotd, New York; bounded north by Dav- is, south by Wendell, west by Hart, east by Goose Creek Lane Association. 8:25 P.M. (DS.T.) Upon app]ioation of Gertrude C. Mc- Lean, Blue Marlin Drive, Southold, New York, (George C. Stankevich, Esq.) for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Sec- tion 280A for approval of ac- cess. Location of property: Private Road, Southold, New York; bounded north by Ken- nedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8:35 P.M. (D.S.T.) Upon application ot l~obin A. l~/ae- ohl'n aha mary rmza'6b'tn ~vmr- Esq., Main Road, Soathold, New York, for a Variance for Town Law, Section 290A. Lo- cation of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. 8:50 P.M. (D.S.T.) Upon application of Ronald J. Edeen, Main Road, East Mar- ion, New York (Rudolph H. Bruer, Esq.), for a Variance to the Zoning Ordinance, Art- icle III, Section 100-31, for per- mission to subdivide property with insufficient area and wiath. Location of property: Main Road, E~ Marion, New York; bounded north by Rey- blue, south by Main Road, west by Limouze, east by Dam Pond. 9:00 P.M. (D.S.T.) Upon application of Vincent and Catherine Acunto, 35 Glenrich Drive, St. James, New York iRudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insuffic- ient frontyard setback. Loca- tion of property: Gagen's Landing Road and Clearview Avenue, Southold, New York; bounded north by Clearview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lade- mann and Delyanis. 9:15 P.M. (D.S.T.) Upon application of Stuart F. Du- bon, 293 Randall Avenue, Freeport, New York, (Gary Flanner Olsen. Esq.) for a Variance to the Zoning Ordin ance, Article III, Secfion'100- 31 for permission to construct a dwelling with insufficient sideyard. Location of proper- ty: Southern Cross Road (or South Cross Road), Cut- chogue, New York; bounded north by South Cross Road; south by Hunt, Gurican, Mill- to; west by Moon; east by Wolber. 9:25 P.M. (DS.T) Upon application of Mattituck Hold- ing Co. Mill Road, Mattituck, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article VIII. Section 100- 80B(15) for permission to con- struct a boat storage shed. Location of property: West Mill Road,' Mattituck, New York; bounded north by Holmes, Killian; south by Fou- dy, Zieglec, McGunnigle; west by Leo Grande, Inlet Lodge Inc.; east by Mattituck Creek. 9:40 P.M. (DS.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article III, Section 30B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. 9:50 P.M. (D.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30B2, for per- mission to place building for charity use with insufficient frontyard setback. Location of property: Lower Road and Route 25, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Gold- smith. 10:00 P.M. (DS.T.) Upon application of Ralph H. Dick- inson, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk and Park Schedule, for per- mission to construct a dwel- ling with insufficient front- yard and sideyard setbacks. Location of property: Off Pe- conic Bay Boulevard, Laurel. New York; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. 10:10 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York for a Special Exception to the Zon- ing Ordinance for permission to erect an off-premises direc- tional sign. Location of pro- perty: Main Road, Southold, New York; bounded north by DeFriest, south by Radich, west by Main Road, east by Southold School District No. 5. 10:20 P.M. (D.S.T.) Upon application of Seathold Town Democratic Committee, Soathold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect ,,, off-premises di- rectional sign. Location of property: Tabor Road and Main Road, Orient, New York; bounded north by Main Road, Ferreira, Gloria, Wer- inkowski, south by Orient Cen- tral Cemetery, west by Tabor Road, east by Terry. 10:35 P.M. (D.S.T) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises di- rectional sign. Location of property: Main Road, South- old, New York; bounded north by Willow Hill Cemetery; south by Bogovic, Goldsmith, west by Lower Road, east by Main Road. 10:45 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Soathold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Southold, New York; bounded north by Trav- eler Street, south by Main Road, west by Pudge Corp. and Dougherty, east by South- old Free Library. 10:55 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Orient, New York; bounded north by Main Road, south by Orient Harbor, west by Aha, east by Welles. 11:05 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance. for permission to erect an off-premises direc- tional sign. Location of proper- ty: County Road 27 and Cox Lane, Cutchogue, New York; bounded north by County Road 2., south by Pietrewicz, west by Pietrewicz, east by Cox Lane. 11:15 P.M. (D.S.T.) Upon aDniication of Southold Town Democratic Committee, Soutbeld, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- cation of property: County Road 27, Peconic, New York; bounded north by County Road 27, east and south by Suffolk County, west by Gral- ton and others. 11:20 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Soutbeld, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- cation of property: Main Road, Laurel, New York; bounded north by Main Road, south by Murphy, west by Rodden and others, east by Old Main Road. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TP4-3299 tl~t.~, ._ duly Sworn, ~he SUFFOLK .~nport, in said ~d is a printed t~eekly Times ....... weeks FORM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. No'rICE OF DISAPPROVAL PLEASE TAKE NOTICE that your a~c~tlcn dated ................................................... , or permL ._ c ........ ct ..... ~ZL.q..~. ...... at tl,e premises located at ....~....,.~. ........... ,.~ ~.....~.....~.....~.~.~. Street ~C~ Map .................................... Black ............................................ Lot ................................................ is returned herewith and disapproved on the {ollowln§ grounds ........................................ · '7-' ......... ':' ............... ;r .............................................................. T ........ ,"'~' ............. ~,-~Po ~. ..................................................... /oo o ~ Building Inspector © O TOWN OF $OUTHOLD, NEW YORK 'APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ TO THE ZQNING BOARD OF ;%PPEAL~, TOWN OF, SOU'[HOLD, N. y t~eorge C. S~an~evzcn, ,:sQ. zor ~oDln ~. RaeD.urn & ~.ary ~:£zzaDe~n ...... t~urDhy a/k/a Mary E. ?{urDhv , (No Number) ~aln Road Nome of Appellon~ Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Robin A. Raeburn and t¢arv Elizabeth ~urohy a/k/a ~.ary E. t~urphy Name of Applicant for permit of (No ~.) Bridge Lane, Ext. Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY x) Ne~,~ York Town Law ~280 (a) Bridge Lane Ext., Cutchogue, New York 1. LOCATION OF THE PROPERTY .............................................................................. : ...................... Street Use District on Zoning Map 1000-073-002-003 "A-Agricultural/Residential" Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) $outhold Town Code (Zoning) §100-31, New York Town Law §280(a) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop (×) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... None. REASON FOR APPEAL (x) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for tee reason that premises lacks frontage on a Town (Public) road. Form ZB1 (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIP becau~ : (a) the proposed three lot minor subdivision exceeds all zoning, subdivision, and planning requirements, except it lacks frontage on a Town (public) road; (b) the subject premises is serviced by a deeded and long-existing 16 foot and 20 foot right- of-way to Oregon Road and Bridge Lane; (c) the deeded rights-of-way have been long used by the house on the subject premises and other surrounding houses; (d) the bulk of the surrounding land is undev- eloped with no indication of change for the foreseeable future, thus ruling out the prospect of the availability of a Town (public) road to service these premises. 2. The hardshipcreatedis UNIQUE and isnotshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because: (a) the minor subdivision of this property was necessitated by the partition order of Hon. Paul J. Baisley, Justice, in the Supreme Court of the State of New York, County of Suffolk, in the partition action between Robin A. Raeburn and ~4ary Elizabeth ~rphy on August 17, 1978, and the deeds effectuating such were recorded in the Suffolk County Clerk's Office at Liber 8482 page 222, Liber 8482 page 226, and Liber 8483 page 61. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) for Robin A. Raeburn & }~ary Elizabeth Sworn to this ............................. day of ......... ~t.~.~...~.~ ................. ]-. .............. 19/~ /~oo- ~'a-~- ~./ TOWN OF SOUTHOLD I.,~OPERTY RECORD CARD OWNER FORMER OWNER STREET DISTRICT SUB. ACRFJkGE TYPE OF BUILDING LOT RES. IO LAND AGE NEW Fo rm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot IMP. NORMAL Acre TOTAL FARM DATE BUILDING CONDITION /~_. ! .L ~O / ~, ~,,~//a' / BELOW [ ABOVE Value Per Acre Total TOWN OF SOUTHOLD OWNER FORMER OWNER I STREET S R~. 3/f LAND 3f,,-o , Tglable V~land SEAS. IMP. VL ,~ TOTAL FARM DATE PROPERTY VILLAGE W COMM. CB. MICS. REMARKS RECORD CARD T. SUB. LOT ,,~ ~- ~'C_ , TYPE OF BUILDING Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH ~ Plot BULKHEAD Total FOR PARCEL NO. SEC. NO. ® 4 SLSA (c) THE SOCIETY FOR THE PROPAGATION OF THE FAITH MATCH SEE SEC, NO. 084 Legend MICHAEL BAKER, JR. No. (21) TOWN O1: SOUTHOLD PROPERTY RECORD C:ARD LOT ~1~ ~ ~ E ~ ACR. J FORMER OWNER N ~[1~. I, ~:::~U ~C)J ~t, ~'~/~I~ C~ ( ~,.~ S W ~ ~PE ~ BUILDI~ R~. S~S. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable r. ~- FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~d~l~ DEPTH H~se Plot BULKH~D Total /ooo--~a-,~.-'$,,,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWI~ER RES._~// LAND /b Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot SEAS. IMP. NORMAL Acre STREET TOTAL FARM DATE BUILDING.~ o~..~ COND}T~ID_ .L Value Per A~re VI LLAGE DISTRICT SUB. _ LOT TYPE OF BUILDING COMM. lIND. __ JCB. _ j MISC. _ REMARKS ~_,. ~____o:~ . ~__ABOVE Value Total 13.0 A I CONSUL¥ Y4~JR L~WYER BEFORE SIG~"'fl~'~S INSTRUM'ENT--TH~S INSTRUMENT SHOULD BE USED BY LAWYEI~S ONLY. THI~ INDF..N'ruR~ made the 14 th day of aune , nineteen hundred and Seventy- Four BETWEEN BAXTER PROPERTIES, INC., a domestic corporation with office and principal place of business at (no number) Elijah's Lane, Mattituck, New York 11952 Par~ of the first paR, Md MARY E. MURPHY and ROBIN A. RAEBURN, residing at (no number) Bridge Lane, Cutchogue, New York 11935, ~'i- as tenants in common, party of the second paR, WITNF...~E1~ that the party of the first part, in consideration of Ten Dollars and ~r valuabJe consi~er~tlon paid ~ the party of the second part, does hereby grant and relea~ unto ~e ~y ot the se~nct Part, the n~rs or successors and ~si~s of the party of the second part forever, ALL t~t certain plot, pi~e or Pared of l~d, with ~e buildi~s Md ~provemen~ thereon ~e~, situate, ~and~ingZ~X~ North of Cutchogue, in the Town of Southold, County of.Suffolk and State of New York, bounded and described as follows:- easterly line of land of Harold R. Reeve, Sr., with the ~grtherly line of land of Vincent Bokina, said point of beginning being where ~he southwesterly corner of premises herein described intersects the southeasterly corner of land of Harold R. Reeve, Sr.; r~nning thence from said point of beginning North 45~ 05' 50" West along the easterly line of land of Harold R. Reeve, Sr., and through a cement monument set near the top of the bank of Long Island Sound 347 feet to the ordinary highwater mark of Long Island Sound; thence northeasterly along the ordinary highwater mark of Long Island Sound to land of Parr, the tie line bearing North 76" ~ 34' 40" East a distance of 266.87 feet; thence South 44" 29~ 40" East along the westerly line of land of Parr through an iron pipe set at or near the top of the bank of Long Island Sound'a distance of 313 feet to an iron pipe set at the intersection of the westerly line of land of Parr with the Northerly line of land of Vincent Bokina; thence South 70~ 16' 10" West'along the northerly line of land of Vincent Bokina 247.70 feet to the cement monument set at the point or place of beginning. TOGETHER with a right-of-way for passage on foot and with vehicles 20 feet in width standing from a point 20 feet east of the point of beginning, and running westerly along the northerly side of land of Vincent Bokina adjoining land of Harold R. Reeve, Sr., Ind~thence turning, and running~souther.l.y .1,6. feet in width along th~ an~ of Vincent BoKina to the oregon (Nor~n~ Road. TOGETHER with nil right, title and interest, if any, of the party of the first part in and to any streots and roads abotting 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 ~id premises; TO HAVE AND TO HOLD the premises herein granted unto the Par~y of the second part, the heirs or successors and assigns of the party of the second part forever. THIS CONVEYANCE is made during the regular course of business of the grantor here~ and does not constitute all or s~dbstantially all of the asse~s of said corporation AND the party of thc first Pa~t covenants that thc 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 o~ · the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for ~he 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 ~or any other purpose. ., The word "pan)"' shall be construed as if it read "parties" \vhenever the sense of this indenture so requires. IN WrrNF23S WHEREOF, the party of the first part has duly executed this deed the day and year first above BAXTER PRO~TI~';~ INC. BY: Pre sideff~ RE/~I~,R OF VITAL STATISTICS MARRIAGE OFFICER REOORDS MANAGEMENT OFFICE. R FREEDOM OF Ih'FORMATION O~'~'tCER OFFICE OF THE TOWN CT.ERK TOWlq OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 APPLICATION FOR PUBLIC AccEss TO RECORDS INSTRUCTIONS: Please 'complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. (Department or Officer, if known, that has the information you are reque$:ing.)'~'.~ RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent Information.) Signature of Applicant: Address: Bailing Address (if different from above): Telephone Number: [ ] APPROVED [ ] AP_PROVED~[ITH DELAY* Elizabeth A. Neville Freedom of InformaUon Offioer [ ] DENIED* * If delayed or denied see reveree side for explarmUon. Date REGI~I~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SouTHOLD Town Hall, 53095 Main RD6 P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk',, Office (agency' Freedom of Information Officer). One copy will be returned to yot in response to your request, or as an interim response. SECTION I. TO~/that has t eh information you a~ RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supph date, file title, tax map number, and any other pertinent information.) Printed Name:~ i ~ Address: ' Mailing Address (if different from above): Telephone Number:_ ~_ ~,[~ Date: /- ~ ' ~ -- -- [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. Neville Freedom of Information Officer * If delayed or denied see reverse side for explanation. Date A GAL PROPERTY TAX SER~'t¢£ AGENCY , 13.0 A I 5,8 A N $00,400 3 THE SOCIETY FOR THE PROPAGATION OF THE FAITH MATCH SEE SEC. NO. 084 4 3L5A SEE SEC, NO, 084 At a trial term, Part III of the Supreme Court of the State of New York, held in and for the County of Suffolk at Veterans ~emorlal Highway, HaupL~auge, New Yc~rk 11787, :,n the/.~-~dav of Allg/lst, 197.q. //~ ~ PRESENT: HON. PAUL J. BLISLEY Justice SUPREME COURT OF '!'lie STAn?E 07' ~,~E~,~ ycl[~T[ ROBIN A. ~EBURN, -against- MARY 'ELIZABETIt .~URP!IY, Plaintiff, Defendant. SUPRE'}~ COURT OF THE STATE OF NEW YORK' COUNTY OF SUFFOLK MARY ELIZABETH MURPHY, [t~D. sX #76-9212 AC.~ .Oq #1 ROBIN A. .-against- R/LEBURN, Plaintiff, INDEX #77-20158i/ AC5 ION # 2 De f3.ndant. The issues in the above entitled actions having duly come on for trial before Mr. Justice Paul J. Baisley, without a jury, at a trial term, Part III, of this Cou~t held at tile Courthouse thereof, located at Veterans Memori~] !{i¢lhway, llauppauge, N(?w York ].17q7, on .the l.Oth, llth, and ]2th days of July, 197~, and ROBU~ A. .qAEI~{ R'~ having .aDoearr2d bv her attorney, George C. Stankevich, Esq., an~ MARY EI,IZABETH NUTd~IY having appeared by her attorney, Richard J. 3r~.ckwerid~, Esq. who with- drew from representing said c) ient with ])ermission of the Court, and Edgar Hills, Esq. having appeared and having been substituted as attorney for MARY ELIZABETH MURPqY, and the DartieS and their at that said time and place h~ving o. nteFo.~ ~'"!-'~ a qt].?u!.~tion of Settleme,%t on the record, NOW, on motion of ~oorge C. Stankevich, f.:s~., attorney for ROBIN Az RAEBURN, it is ORDERED, that this 4ction is settled and discontinued with prejudice but without co~{ts, disbu~-sements, interest, or attorneys' fees being assessed against any party~]/ /~ ~ E N T ~ R % ' ., ,: , COUNTY CLERK'S OFFICE STATE OF NEW YORK { SS.: COUNTY OF SUFFOLK !, ARTHUR J. FEI.ICE. Clerk of the County of Suffolk and the Court of Record dwreof, do hereby certify tha~ I have compared the °ffice'"~'~'~"~"'~"~t....t..~..2.~ ........ aud, that the same is a true cop~ thereof, aud o~ the whole of such origiual. In Tesdmony Whcreo~, I have h.~'rc}mro set m7 hand and affixed the seal of said Cotmty ami Com't ti}is~ ~(~..~S~ ~l )-'~ /~ 2 / ~ , / ' '"t'.~'~"; .................... '.. · +{ ~ ',.=; , MR, HILLS. Yes, x{e did. Thank you. ~' ; 'eforegoing is If a time and accurate copy of the minutes of the proceedings held in connectionwtth the above-ent, itled matter. CHICAGO TITLE INSURANCE COMPANY 117 EAST MAIN ST., RIVERHEAD, NEW YORK 11901/(516) 727-4455 RIVERHEAD OFFICE October 11, 1979 Geo~e C, Stankevtch, Esq. I~tn Rd, Southold, N.Y. 11971 Gentlemen: RE: Land of Raeburn and Murphy Reference is made to your inquiry relating to whether the p~emtses shown on a certain minor subdivision made for Robin A. Raeburn and Mary Elizabeth Murphy at Cutchogue, New York by R. Van Tuyl on February 5, 1979, amended March 20, 1979 and September 26. 1979 have legal access to,fUdge Lane. We have examined tttle to these premises and find that easements in favor of these premises were created by deeds in Liber 1771 cp 533 and Ltber 1154 cp 366. Accordlngly these pre~tses do have access to ~Rtdge Lane over the Easement areas shown on the aforesaid minor sub- division. TSS:lk Very truly yours, NP,.' STANKEVICH: Yes. THE COURT: I'll ieave it up to you gentlemen. If you w~nt to submit an order on the ~tipulatton~ you may. I'll leave that up to you. MR. HILLS: All right. THE COURT: Either party that wishes to submit such an order should also submit this with a copy of the stipulation. All right? MR. HILLS: Fine. MR. STANKEVICH: Thank you. THE COLrRT: Thank you very much. And the clerk ~lll return the exhibits that were previously marked. MR. HILLs: May I note for the record, though, your Honors that if It weren't for 'your help we "would not have been able to settle this case. mean that sincerely. THR COURT: Thank you. If it were not for the help of the attorneys and the parties. MR. ttlLLS: And the parties, too. ~HE COURT: We needed everybody's help. C THE COURT: MR. STANKEVICtt: the stand? ! EXA.M~NATIOI~ BY ill right'. 9 Thank you: Miss Murphy. May I have my client take ROBIN A. RAEBURN, 780 Cape View Drive, Fort Meyers, Florida 33907, called as a witness in her own behalf, having been first duly sworn~ testified ~s follows: STANKEVICH: number 1 and the defendant A I am. Miss Raebure, are you the plaintiff in action in action number 2? And have you heard the stipulation that hag been l! read ' from the record this morning? A stipulat ion? A q A Yes, I did hear it. Do you understand the terms and conditions of that Yes, I do. Are you in agreement with that stipulatioh? Yes~ I am. MR. STANKEVI~{: I have no further questions. Anything, Mr. Hills? No, no further questions. All right. Thank you, Miss Raeburn. you are going to return here THE COURT: MR. HILLS: T}~ COURT: Oe~tlem~n, You understand rhst you have at 2 o'Clock for the puq~ose o~ executing certain deeds and/o~ 'other documents which will be in accord with the terms and conditions of the stipulation? A I understand, q And you are willing to come back here tomorrow? Yes, sir. Q You understand thac this is an enforceable iistipulation; and if for any reason you choose not to carry lout ~ny of the terms~ that this stipulation may be enforced i!by order of this court? A I do, Q All right. You underst:and' also that you are 'releasinE any and all claims that you have as against llHiss Raeburn in these actions, and she ~.s likewise releasing Iclaims a~ainst you in these actions? do. You are willing to abide by that; is that true? A MR. HILLS: THE COURT: witness? All right. %"bank you very much. Do you have any questions of this MR. STANKEVICH: No. 7 q Miss Murphy, you are a dcfe,~dant in one of the actions and a plaintiff in the other action, each of which actions are for a parti~ion of property; is that true? A CorrecC. And you have discussed this case with me this morning as well as on other occasions; isn't that true? A Yes, sir. Q Have I explained to you fully the terms and i¢ondttions of a proposed settlement agreement which would effectively settle each of these actions? A Yes, you have. Q And have you heard the repcr~er read to you the terms and conditions of that settlement agreement? A Yes, I have. You are familiar with real estate, are you not? A Yes. And having heard the terms and conditions of that stipulati~n~ are you in full accord with the agreement that has been reached and has been recorded by the reporter? A ! am. Q All right. You are willing to abide by )lthat true? 6 (12) This stipulation regresents a settlemene of the respective claims of the Ferries as asserted in these litigations, and no ~curther clsims shall be made by either of the parties as against each other for any of the ela~as involved in these (13) All sides shell be i~rniihed with copies of ail communications~ documents, applica~ions, and o~he~ papers ~egard~ng subdivision approvals. THE COURT: I understand you gentl.e~en hav~ agreed on a stipulation that's already been put on the ~eco~d. MR. STAN~EVXCH: Ye£, it read to the clients. THE COURT: All right. ladies to listen to the stipulation a~ it's read. then you will put your clients on the stand. MR. HILLS: Yes, we Inland to do that. (Whereupon the above stipulation was read by the Reporter to the Court, counsel, MARY ELIZABETH M~rRPHY, 25 East lOth Street, York 10003, called as a witness in her own behalf, havimg been first duly sworn, testified as follows: EXAMINATION BY MR. HILLS: sir. An~ we would like ask both you And and the parties.) New York, New ~he~r fee~ includSng any [~t[~tto~ e~ense'~ or Both pa~es ahe~ stun ail necessary doc~en~s ~nd sh~ be ~tven ~revocsb[e powe~ o~ at~o~ey ~o execute such documents i~ the absence of ~he~r c'[~en~s-~ necess~Y app~ova~ are unobtainable o~ ~i~gat~on adverse to ~he partie~, ~hen the parties sha~ be re~u~ed to ~heir o~[nak position, and this sC~pula~ioU shall be null and void. (?) The patties shall return to this court at 2:00 p.m. August 17, 1978, i,~ order to execute necessary deeds, powers of attozne¥, mad make payments herein provided for. (8) These actions shall be discontinued with prejudice but without costs, disbursements, cr attorneys' fees being assessed against any party. (9) The parties a~ree that. the valu'e of the lot deeded to Mary Elmzabetn Murphy is $60,000. (10) In the event of default, parties have the right to ~eturn to decree O~ order. (11) The parties agree to execute all documents necessary to effectuate this ptipulation. this cou~Ct to obtain an enforcement her successors and assign~ ~uld have =o pay for any additional installation of meters or Lilts tap-in expenses. (2) The westerly lot~ shown as Lots A and B sl~)wn on the sub]ect survey, and which represent the balance of the property subjec: to liti~tion, s~all be deeded by the parties to Robin A. Rae~urn, subject to t~e rights-of way men:io~ed above. (3) The conveyenees men~oned above shall be free 'and clear without any encumbrances, Judgements, or Other impediments of title~ uzcept a Southold Savings Bank mortgage with a face value of $60,00~, on %;hich there is an approximate balance'of $57,000. (4) Robin A. Raeburn assumes the f~ll payment of the subject $outhold Mav~ngs Bank mortgage and shall hold Mary Elizabeth Murphy karmless against sam~. (5) Robin A. Raeburn shall pay Mary Elizabeth Murphy $2,500. (6) Robin A. Rseburn shall apply for and pay for all Town of Southold approvals necessary to approve the division herein provided for. Robin A. Raeburn shall select the attorney and surveyor and planners tO undertake such'i and shall be responsible and pay MI{. ~TANKEVICH: It is hereby stipulated and agreed by and between the parties to the above actions and their respective attorneys that the same shall be settled as follows: (1) ~e survey dated November 3, 1972, made by Roderick Van Tuyl shall be mmrked a~ Exhibit X and annexed to this stipulation, amd the east~,rly lot desfsnated Lot Number C, having approximate dimzmsions 155 plus-minus feet on Long Island Sound, ~50 fe~t on a right-of-way, ~13 feet on the easterly side, smd ~30 feet on the westerly side, shall be d~ded by the parties solely to and in the name of Mary Elizabeth Murphy,- together with the following rights-of-w~y: (A) A right-of-way appurtenant ~o the premises which ate more particularly described in the deed recorded at the Suffolk County Clerk's office at Libor 5648, ep 177; ann (B) a right-of- way designated in the deed recorded at the Suffolk Count~ Clerk's office at Liber 7'$58, Page 202; and (C) a right-of-way and utility easement to bring electric and telephone service into the subject premises from the North Road, and the r~ght to use the existing service as installed through property located to the west, with the provision that Mary Elizabeth Murphy or 3 APPEARANCES: 2 GEORGE C. STAI4KEVIC!I, ESQ. Attorney fo~ Robin A. Raeburn Hain Road Southold, New Yoxk 1!)71 EDGAR HILLS, ESQ. Attorney for Mary EIt:~al,eth Murphy 205 Roanoke Avenu,: Riverhead, I~ew York [!901 ~.{trtt. n K. Rowe, C.S.R. Offl. cla~ Couzt Reporter ~UPREI~ COURT OF T!tE STA~E OF NE~J YOKe( ~OUNTY OF SUFFOLK ~,OB~N A. RAEBURN, : ][nd. ~$76-9212 MARY ELIZAEETH I4~'~IFWI, De fendar, t MARY ELIZABETH MUP. F~iY, : Ind. ROBIN A. RAEBUP, N, Defend~vL 1{auppau~e, N~ York 16, 1.~7~ BEFORE: lION. PAUL J. O~e-h'alf ~/2)'undivided interest to W~L~N ~. ~AX~ER, SR. and ......... ~ ..................... dolhrs, ~ecl'lbed at; an iron plpe set ~et;he no~t~es~7 o~e~ of ~he above 8883 cp 358 and .362; ~g cp 170. S~ to the ~l~ts of way ~ted in Liber 843 cp 578; 1154 cp ? L o .. /r,,,, Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS~ JOSEPH R. SAWJCKI Patricia C. Moore, Edson & Bruer Main Road Southold, NY 11971 Esq. December 5, 1987 Re: Appl. No. 3564 - John Dempsey/Robin A. Raeburn (Variances) Dear Mrs. Moore: Transmitted herewith for your record is a copy of the official findings and determination rendered in the above matter. At the time an application for a Building Permit is made to the Building Department, we ask that you furnish a copy of same together with a copy of the survey showing the proposed construc- tion. It is also requested that the corners of the proposed construction be flagged, prior to the construction of the foundation or placement of forms), and certified by the surveyor or engineer. (This is requested as a preventive measure and in no way precludes the requirement of a second/foundation survey.) Please notify our office in writing when the right-of-way improvements are constructed. In the event the Building Inspector (or Town Engineer) is not satisfied with the.,,required improvements, he may require an additional inspection by this Board. Yours very truly, Enclosure Copies of Decision to: Building D6partment Philip J. Cardinale, Esq. John M. Wagner, Esq. Leo W~ Fraser III, Esq. Ms. Becky Johnston, C.S.W. GERARD P. GOEHRINGER L]na~Kowa/sKi Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD. L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3564 Application for Variances TO: Patricia C. Moore, Esq. Edson & Bruer, as Attorneys Main Road Southold, NY 11971 for JOHN DEMPSEY [Appellant ($) ] At a Meeting of the Zoning Board of Appeals held on November 18, 1987, the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a , and [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section 100-]]9.2 [ ] Request for Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a) for final approval under New York Town Law, Section 280-a over the existing private right-of-way, and (b) for permission to locate proposed dwell- ing with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled ov'er lands of Bokina fr6m~ the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). WHEREAS, a public bearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of JOHN DEMPSEY under Appl. No. 3564; and WHEREAS, at said hearing all those who desired to be heard were heard'and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this appl'ication; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is locate~ in the A-40 Residential Zoning District and is known and referred to as Lot No. 2 on the Minor Subdivision Map of Robin A. Raeburn and Mary Elizabeth Mur- phy prepared February 5, 1979, amended September 26, 1979, by Roderick VanTuyl, P.C. an~ endorsed by the Chairman of the 'Southold Town Planning Board on October 2, 1987. 2. The suSject premises contains a royal area of 48,525± (CONTINUED ON PAGE T.WO) DATED: November 18, 1987. Fo~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWlq ZONING BOARD"-- OF APPEALS Page 3 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 and character, but also as to eroding bluff conditions. This Board finds that no structures should be permitted closer than 40 feet to the highest point of the bluff (or the 75-foot elevation line under consideration) for purposes of safety, health, welfare, convenience and order. 9. The right-of-way over which appellant has requested 280-a consideration is situated at the north side of Oregon Road (and Bridge Lane Extension), and extends in a northerly direction along the east side of Baxter's right-of-way and over lands of Bokina, a distance of 1868 feet, more or less, to a survey monument, then extending in an easterly direction along the northerly portion of lands also of Bokina, to the subject premises, a distance of 250 feet, more or less. 10. The applicant and his attorneys are aware that this Board does not have authority to determine or grant right-of-way easements; and this action does not grant or otherwise affect the appellant's rights, if any, to enter over and upon these lands. Il. It is also noted for the record: (a) that under Appeal No. 2609, a conditional 280-a Variance was granted on January 22, 1980 concerning this right-of-way; (b) that under Appeal No. 3478, a conditional temporary 280-a Variance was granted on September II, 1986 concerning this right-of-way; (c) that to date no improvements have been made which would satisfy the requirements of the prior Z.B.A. actions or the requirements of New York Town Law, Section 280-a. 12. ments will access by It is again the opinion of this Board that improve- be necessary upon the right-of-way for sufficient fire an~ emergency vehicles, as further noted below. 13. It shall be understood that no building permits shall be issued or construction take place until compliance -with these requirements and pursuant to New York Town Law, Section 280-a. 14. In granting alternative relief herein, the Board finds: (a) the relief is substantial in relation to the requirements; (b) there will be no substantial change in the character of this district; (c) the relief as conditioned herein w~ill not cause a substantial detriment to adjoining properties; (d) the circumstances of the property are u~.ique; (e) there is no other method feasible for appe'llant to pursue other than a variance; (f) in view of the manner in which the difficulty arose and in consideration of all the above factors, justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that: the (l) The application as to an insufficient setback from top of bluff as applied is DENIED; . (2) Alternative relief is GRANTED for a reduced setback Page 4 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 from the top of bluff at not less than 40 feet for the proposed dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: (a) No excavation or disturbance of soils within 37 feet of top of bluff; b) All water runoff shall be retained toward the house [to the south]; c) Small two-to-three-foot high berms shall be placed along the southerly property line (to in the prevention of flooding of neighboring properties, farm, roadway, etc.); aid d) The subject premises remafning as a whole parcel, without division, and more particularly Lot No. 2 as shown on the Minor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy approved by the Southold Town Planning Board. 3. The York Town Law, THE FOLLOWING application as to approval Section 280-a, is hereby CONDITIONS: of access under New GRANTED, SUBJECT TO (a) Such access road shall have an unobstructed width of not less than._fifteen feet (except at the point where the barn exists), and improved as follows: 1. Surface with a minimum depth of four inches of packed 3/4-inch stone blend, either applied to the ground surface and shaped, or the surface be excavated to permit the application of packed. stone blend to a depth of four inches (or more), OR 2. Remove top layer to a depth of eight inches and then fill with eight inches of compacted bank run, and then surface with two to four inches of 3/4-inch stone blend; 3. Oiled with a minimum of 4/lOths of a gallon of road oil per square yard. .. (b) No building permits, temporary or final Certificates of Occupancy shall be issued until such access road has been constructed in accordance with these requirements (after notificatio~ to the Z.B.A. Office in writing). The Board of Appeals may make any reasonable exception it deems appropriate under the circumstances. (c) The right-of-way shall be maintained at all times in good, satisfactory condition; (d) The conditions hereunder shall apply to any and all lots claiming and requiring access oger this right-of-way, and will also be subject to para- graph 3(b), supra [or as an alternative, re-apply to this Board under separate application fob 280-a]. Vote of the. Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fi.shers Island was absent.) This resolution was duly adopted. ~ ~~ j lk GERARD P. GOEHR]NGER, C~]KIRMAN Signed: December 5, 1987 Page 2 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 sq. ft., is presently vacant and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (formerly 3.5 and 3.4). 3. By this application, appellant requests: (a) Variance from the Provisions of Article XI, Section 100-119.2 for permis- sion to locate a new single-family dwelling structure with an insufficient setback from 75-ft. bluff contour line at 22± feet, and 28± feet from the top of bluff (at the outer edge)-see Map prepared by Anthony W. Lewandowski Ouly 14, 1986); and (b) Variance pursuant to New York Town Law, Section 280-a for final approval over existing right-of-way. 4. Article XI, Section 100-119.2, subparagraph AIl] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5.- On-site inspections find as follows: (a) the predominant vegetation on the bluff face is Bayberry; however, areas along the top 20 feet of the bluff face are completely bare of vegetation; (b) the bottom third of the bluff face from the toe of the slope to approximately 40 feet up the face is also completely barren of vegetation~'~'This is a very critical area and poses a great threat of erosion from wave action during storm activity. Without the necessary support at the toe of the slope, the soil above will slide downward and erode during or following storm activity. Any structures in close proximity to the edge are in danger of falling over if such erosion should take place; (c) the toe of the slope must be prevent continual erosion of the bluff with similar structure. stabilized to a bulkhead or 6. The dwelling as proposed is shown with a setback at 80± feet from the southeasterly corner of the dwelling and at 50± feet to the southerly property line. The angle of the bluff line is almost parallel with the south- erly property line, and the dwelling is angled 30± degrees to the north. 7. The upland distance between the outer edge of ~.he top of the bluff and the southerly property line averages to 114± feet. The dimensions of the dwelling proposed by this application scale to 60 feet wide by 35 feet deep. The total setback footage of the remaining open yard areas is 79± feet (114 less 35). The Board agrees the property is unique and variances are warranted; however, the close placement of the dwelling to the bluff edge not only appears unsafe and unreasonable, but also unwarranted. 8. Although there is a dwelling existing along the Long Island Sound bluff 225 or more feet (to the east) and a dwelling existing further to the west of the subject parcel, each parcel is-unique not only as to size, shape Southold Town Board o£Appeals SnUTHnLD, L. I., N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERTJ. DOUGLASS I Acting Chairman October 11, 1979 George C. Stankevich, Esq. Main Road Sou%hold, New York 11971 Re: Appeal No. 2609 Application of Robin A. Raeburn and another Dear Sir: At a Public Hearing held by the Southold Town Board of Appeals on October 11, 1979, the following action was taken: On motion made by Mr. Doyen, seconded by Mr.. Grigonis, it was RESOLVED, that the matter of the application of Robin A. Raeburn and Mary Elizabeth Murphy, Appeal No. 2609, be recessed until the November 15, 1979 meeting of this Board. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. The time scheduled on this matter for the November meet- ing is 8:15 P.M. (E.S.T.). Sincerely, ~. Kowalski Secretary Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLAS~ Acting Chairman October 16, 1979 Miss Muriel Tolman, Secretary Southold Town Planning Board Town Hall Southold, NY 11971 Re: Matters before the Board of Appeals Requiring Planning Board Recommendation/Procedure/Approval Dear Mert: The following matters have been heard by this Board on Thursday, October 11, 1979 and were considered favorably subject to the following conditions: Matter of Appeal No. Determination & Conditions HART, Charles & Edna County Tax Map #1000-076-02- 6,7,36,37. (see attached) 2614 Minor Subdivision recommenda- tion of the Town Planning Board; Suffolk County Plan- ning Commission approval; variance application for frontyard setback. REICH BROTHERS County Tax Map #1000-31-2- 20,21. (see attached) 2611 Site Plan Approval of the Town Planning Board. Special Exception approved for lease purposes only; if purchased must re-apply. tDICKINSON, Ralph H. County Tax Map #1000-128-06-05. (see attached) 2629 Subject to property being a legally set-off lot by the Town Planning Board; Suffolk County Planning Commission approval; appli- cation for approval of access to Board of Appeals and insufficient area to set-off lot if not on file as a legally set-off lot. Southold Town Planning Board -2- October 16, 1979 The following matter was recessed until November 15, 1979 in order to allow applicants to negotiate an alternate right-of- way to their premises with Mr. Bokina: Raeburn-Murphy County Tax Map #1000-073-02-03 2609 Applicant advises that ap- plication is in for subdivi- sion before Town Planning Board. Sincerely yours, Linda F. Kowalski Secretary At a trial term, Part III of the Supreme Court of the State of New York, held in and for the County of Suffolk at Veterans Nemorial Highway, Haup~l~.~uge, New %~or~, i]7~7, ~n the/~-' day__ of August, 1972. / PRESENT : HON. PAUL J. BAISL]~Y Justice .qUPREME COURT OF q'HE sq'~E ©?' ~.~F~'~ Y~'~ ROBIN A. ~EBURN, Plaintiff, -against- MARY 'ELIZABETH NURP~{Y, Defendant. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SI/FFOLK MARY ELIZABETH MURPHY, Plaintiff, -against~ ROBIN A. RA~EBURN, Defandant. INDEX t76-9212 ACU~O~ ~1 SETTLEMENT O RI~PI R / INDEX t77-2015,9" ACTION i2 The issues in the above entitled actions having duly come on for trial before Mr. Justice Paul J. Baisley, without a jury, at a trial term, Part III, of this Coup% held at the Courthouse thereof, located aY Veterans Memorix! Ui~hway, Hauppauqe, New York 11797, on ::he 19th, llth, and ':2th days of July, 1979, and ROBIq A. RAEBI R'I having apocar~d bv her attorney, George C. Stankevich, Esq., ard ~iARY ELIZAGETIi ~II~IIY havinq appeared by her attorney, Ric[~ard J. qr~.ckwecid~, Esq. who with- drew from representing s~i [ client with permission of the court, and Edgar Hills, Esq. having appeared and havinq been substituted as attorney for ~RY ELIZABETtl MURPqY, and the oartias and their at tha~ said time and place ha. vlnq alt~raa t.n a qt].!)u!~tion of ~ 1 the record, ~ett ament on - NOW, on motion of G~orge C. Stankevich, [sq., attorney for ROBIN A; RAEBURN, it is ORDERED, that this .lction is settled and discontinued with prejudice but without co:~ts, diF:bursement.~, fnter,~st, or attorneys' fees beinq assessed aqainst anV '~arty~7]~/~V~ ~ COUNTY CLERK'S OFFICE } STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I. ARTHUR J. FELICE. Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed/~ith the origi.al.~-.?,~.E..~...,a'.~,-: .................................. FILED in my office...~5..~.,~...33..~t....[..~..2.~ ........ aod. d~at the same is a true copy thereof, and of the whole of such original In Tosti~nanv Whereof, I have hereuoto set my hand and affixed SUPREi~ COURT OF T!tE STA~E OF NEU ¥o~t?'. COUNTY OF SUFFOLK ROBIN A, RAEBURN, ELIZAEETH MUR FHY, MARY ELI ZABE'ITI ROBIN A. RAEBUPO'~ ~ i? d.__i~7702015-~ York L979 ~BEFORE: HON. PAUl. J. r, al:.,,}'., Ju~,tlce APPEARANCES: GEORGE C. STANKEVIC!t, ESQ. Attorney for Robin A. Raeburn Main Road Southold, New ¥o~k 11971 EDGAR HILLS, ESQ. Attorney ~or Mary Eli~abeth Murphy 206 P~anoke Av~u~ Riverhead~ Hew York 1!90] Mart~n K, Rowe, C.S.R. O,,~ic;.a~ Couzt Reporter and agreed by and between the parties to the above actions and their rezpective attorneys that the same shall be settled as follows: (1) ~e survey dated November 3, 1972, made by Rodertck Van Tuyl shall be marked as Exhibit X and annexed to this sttpulatio~ and the easterly lot desi§nated Lot Number C, having approximate dimensions 155 plus-minus feet on Long Island Sound, L50 feet ~n a right-of-way, 313 feet on the easterly side, and 330 feet on the westerly side, shall be d~ded by the ~arties solely to and in the name of Mary Elizabeth Murphy, together with the following rights-of-way: (A) A right-of-way appurtenant to the premises which are more particularly described in the deed recorded at the Suffolk County Clerk's office at Ltber 5648, cp 177; and (B) a right-of- way designated in the deed recorded at the Suffolk County Clerk's office at Ltber 7658, Page 202; and (C) a right-of-way and utility easement to brlng electric and telephone service into the subject premises from the North Rmad, and the rfght to use the existing service as installed through property located to the west, with the provision that Mary Elizabeth Murphy or O O 4 her successors and assi§n~ would have to pay for any additional installation of meters or Lilco tap-in expenses. (2) The westerly lot~ shown as Lots A and B sl~wn on the subject survey, and which represent the balance of the property subject to liti~ation, shall be deeded by the parties to Robin A. Raeburn, subject to the rights-of way mentio~ed above. (3) The conveyences mentioned above shall be free 'and clear without any encumbrances, judgements, or other impediments of title, except a Southold Savings Bank mortgage with a face value of $60,000, on which there is an approximate balance of $57,000. (4) Robin A. Raeburn assumes the full payment of the subject Southold Savings Bank mortgage and shall hold Mary Elizabeth Murphy harmless agatns~ same. (5) Robin A. Raeburn shall pay Mary Elizabeth Murphy $2,500. (6) Robin A. Raeburn shall apply for and pay for all Town of Southold approvals necessary to approve the divlslon herein provided for. Robin A. Raebu~n shall select the attorney and surveyor and planners to undertake such, and shall be responsible and pay 5 their fees, including any iitigatto~ expenses or fees. Both parties shall sign all necessary documents and applications to facilitate the above. Both attorneys shall be gSven irrevocable powers of attorney To execute such documents in the absence of their clients. If necessary approvals are unobtainable or litigation is adverse to the partf, es, then the parties shall be returned to their original position, and this stipulation shall be null and void. (7) The parties shall re~urn to this court at 2:00 p.m. August 17, 1978, im order to execute necessary deeds, powers of attozney, and make payments hereim provided for. (8) These actions shall be discontinued with prejudice but without cost~, disbursements, or attorneys' fees being assessed against any percy, (9) The parties agree that the value of the lot deeded to Mary Elizabeth Murphy is $60,000. (10) In the event of default, parties have the right to return to this court to obtain an enforcement decree or order. (11) The parties agree to execute all documents necessary to effectuate this ptipulation. 6 (12) This stipulation represents a settlement of the respective claims of the parties aa asserted in these litigations, and no further claims shall be made by e~ther of the parties as against each other for any of the cla~as involved in these l~tigations., (13) All sides shall be furnished with copies of all communicstions~ documents, applications, and o~her papers regarding subdivision approvals. THE COURT: I understand you gentlemen have agreed on a stipulation that's record. already been put on the MR. STANKEVKCH: Yes, sir. And we would like it read to the clients. THE COURT: All right. I'd ask both you ladies to listen to the stipulation as it's read. then you will put your clients on the stand. MR, HILLS: (Whereupon And Yes, we intend to do that. the above stipulation was read by the Reporter to the Court, counsel, and the parties.) ~MARY ELXZABETHMWRPHY, 25 East 10th Street, New York, New York 10003, called as a witness in her own behalf, having been first duly sworn, testified as follows: EXAMINATION BY MR. HILLS: O · A terns and A q 7 Q Miss Murphy, you are a defe~%dant in one of the actions and a plaintiff in the other action, each of which actions are for a partition of property; is that true? A Correct. Q And you have discussed this case with me this morming as well as on other occasions; isn't thaC true? A Yes, sir. Q Have I explained to you fully the rems and conditions of a proposed settle~uent agreement which would effectively settle each of these actions? Yes, you have. And have you heard the reporter read to you the conditions of that settl.em~nt agreement? Yes, I have. You are familiar with real estate, are you mot? Yes. And having heard the terms and conditions of that stipulation, are you i[~ full accord with the agreement that has been reached and has been recorded by the reporter? A I am. Q All right. You are '¢illf~g to abide by it; is I} that true? Q You understand that you have ~o return tomorrow at 2 o'Clock for the purpose of executin§ certain deeds and/or other documents which will be in accord with the terms and conditions of the stipulation? I I understand, Q And you are willin~ to come back here Yes, sir. q Yo~l understand that this is an enforceable stipulation; and if for any reason you choose not to carry out any of the terras, that this stipulation may be enforced by order of this court? A I do. All right. You understand'also that you are releasing any and all claims that you have as against Miss Raeburn in thes~ actions, and she is likewise releasing claims asainsc you in these act/.ons? A I do. q You are willing ~o abide by that; is that true? A Yes. MR. HILLS: All right. Thank you very much. THE CO[~T: Do you have any questions of this witness? MR. STANKEVICH: No. 9 THE COURT: MR. STANKEVICH: the stand? ;11 right'. Thank you, M~ss Murphy. May I have my client take ROBIN A. RAEBURN, 780 Cape V~ew Drive, Fort Meyers, Florlda 33907, called as a witness in her own behalf, having been first duly sworn, testified ~s follows: EXAMINATION BY MR. STANKEVICM: Q Miss Raeburn~ are you tl:~ plaintiff in act!on number 1 and the defendant in action D,~r~her 2? I am. And have you heard the stipulation that has been read from the record this morning? A Yes, I did hear it. Q Do you understand the terms and conditions of that stipulation? A Yes, I do. Are you in agreement with that stipulation? A Yes, I ~. ~. ST.~EVI~: I have ~ ~rther questions. ~E ~RT: Anytht~*g, Mr. Hills? ~. HILLS: No~ ~ further ~esttons. ~ ~URT: Ail right. ~ank you, Miss ~ebu~. Gemtlemen, you are going to return here tomorrow to implement some of the I0 terms of that stipulation. ~. STANKEVICH: Yes. %'HE COURT: I'll leave it up to you gentlemen. If you want to submit an order on the stipulation, you m~y. I'll leave that up to you. MR. HILLS: All right. THE COURT: Either party that wishes to sub,itt such am order should also submit this %rlth a copy of the stipulation. All right? MR. HILLS: Fine. ~. STANKEVICH: Thank you. THE COURT: Thank you very much. And the ¢lerk~ll return the exhibits that were pre~riously marked. ~. HIIJ~S: May I note for the record, though, your Honor, that if it weren't for your help we 'would not have been able to settle this case. I mean that sincerely. THE COURT: Thank you. If it were not for the help of the attorneys and the parties. And the parties, too. We needed everybody's help. ~. HILLS: THE COURT: 11 )JR. HILLS: Yes, we did. Thank you. ~, Martin K. Rowe, do hereby certify that the foregoing is a ~:~ue and accurate copy of the minutes of the proceedings held in connection with the above-entitled matter. CHICAGO TITLE INSURANCE COM,PANY 117 EAST MAIN ST., RIVERHEAD, NEW YORK 11901/(516) 727-4455 RIVERHEAD OFFICE October 11, 1979 George Co Stankevich, Esq. Main Rd, Southold, N.Y. 11971 RE: Land of Raebure and Murphy ~entlemen: Reference is mde to your inquiry relating to whether tie preetses shown on a certain minor subdivision made for Robin A. Raebuen and Mary Elizabeth Murphy at Cutchogue, New York by R. Van Tuyl on February 5, 1979, anended March 20, 1979 and September 26, 1979 have legal access to~lUdge Lane. We have examined title to these premises and find that easements in favor of these premises were created by deeds in Liber 1771 cp $33 and Liber 1154 cp 366. Accordingly these pretenses do have access to ~Ridge Lane over the Easement areas shown on the aforesaid minor sub- division. TS$:lk Very truly youes. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GI~GONIS, JR. SERGE DOYE N~31;t TERRY TUTHI LL ROSERTJ. DOUGLASSw Acting Chairman September 24, 1979 George C. Stankevich, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2609 APplication of Raeburn & Murphy for Approval of Access Dear Mr. Stankevich: Please provide us with a copy of the deed at Liber 1154 .page 366, dated November 14, 1925 which appears to describe the original accesses to the subject properties, as mentioned in the copy of deed at Liber 1771 page 533 dated June 23, 1934. Returned are the copies of deeds submitted by your office. Sincerely yours, Linda F. Kowalski Secretary Enclosures · · GEORGE C. STANKEVICH ATTORNEY AT LAW September 21, 1979 Southold To~m Board of Appeals Main Road Southold, New York 11971 Re: Application of Raeburn and Murphy Appeal No. 2609 Dear Sir: Please find enclosed the requested deeds by which the applicants obtained rights of way to the subject premises. It is asked that you preserve the deeds until this matter is completed since these are our only copies. Thank you for your cooperation regarding this matter. Sincerely yours · Stankevich GCS:kam Enclosures 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11~'71 TELEPHONE (515) 765-1809 APPEALS BOARD MEMBERS CHAR LES GR IGONI$, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS~ Acting Chairman September 19, 1979 George C. Stankevich, Main Road Southold, NY 11971 Esq. Re: Appeal No. 2609 Application of Raeburn and Murphy for Approval of Access Dear Mr. Stankevich: We are in receipt of the application for a variance on the above matter, which will be scheduled for a hearing, tentatively for October 18, 1979. A time will be provided at the next Board of Appeals meeting. In order to proceed, the Board requires documentation showing whether any access off Oregon Road was conveyed to the applicants together with the dates of conveyance and names of the conveyors.. Sincerely yours, Linda F. Kowalski Secretary i~ his.property from the lot owne~ Dy Mr. Angelo Accardo~ which · door to his property~ The Board is goxng to reg~pect the premises~!! On ~otion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the ~arc~..%, 1979, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. During'the past several months the Board of Appeals has been hearing a growing number of applications for recognition of access. After much discussion and investigation, it was decided that a set of specifications should be drawn up and used as guidelines for the improvements of the rights-of-way. On ~otion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that all rights-of-way, private road or other means of access to one or more parcels of land or buildings shall conform to following requirements: the (1) Such access road shall have a width of not less than 15 feet. (2) Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. (3) Such access road shall be improved'in either of the following methods~ (a) Such access road shall be surfaced with & minimum depth 4 inches of packed 3/4 inch stone blend so as to afford access for SOUTIIOLD TOWN BOARD OF APPEALS -23- March 22, 1979 emergency vehicles. Such stone blend may be either applied to the ground surface & shaped or the surface may be excavated to permit the application of pa6ked blend to a depth of 4 inches. (b) The access road shall have topsoil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4 i~h stone blend. ~ (c) Oiled with a minimum of 4/10th of a gallon of road oil per square yard. (4) Ail work required as hereinbefore set forth shall be performed under the supervision of the Town Engineer and no building permits or certificates of occupancy shall be issued by the Building Inspector until the Town Engineer has certified that such access road has been constructed in accordance with the foregoing requirements.. (5) Where the terrain of the land over which such access road is to traverse is au.ch that drainage problems may occur, the applicant shall be required to' construct such drainage facilities as may be recommended ! the Town Engineer. (6) The Board of Appeals may in passing upon any appeal for~approva access make any reasonable exception as in its judgment it deems ~i'~ ' ~te to the circumstances. 'i~'Vote of the Board: Ayes: Messrs: Gillispie, thill and Douglass. The f~ll~win9 1966 ~ign Resolution was Grigonis, Doyen, Reaffirmed and Restated with* Road, $0uthold, New .York, relative to his junk yard situation there. Mr. Walters claims~% does not run a junk yar~ He.claims he deals iq parts. The rea~ he has not erected scree~ng Ks that there is a covenant in the Laughing%~aters'Subdivision which states that no fencing over 4 feet is allowed. Mr. Walters claims he has removed all his property from the lot owned by Mr. Angelo Accardo, which is next door to his property. The Board is going to reinspect the premises on April 19, 1979. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the March 1, 1979, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. During'the past several months the Board of Appeals has been hearing a growing number of applications for recognition of access. After much discussion and investigation, it was decided that a set of specifications should be drawn up and used as guidelines for the improvements of the righ~s-of-way. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that all rights-of-way, private road or other means of access to one or more parcels of land or buildings shall conform to the following requirements: (1) Such access road shall have a width of not less than 15 feet. (2) Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. '(3) Such access road shall be improved'in either of the following methods: (a) Such access road shall be sUrfaced with & minimum depth 4 inches of packed 3/4 inch stone blend so as to afford access for SOUTHOLD ToWN BOARD OF APPEALS -23- March 22, 1979 emergency vehicles. Such stone blend may be either applied to the ground surface & shaped or the surface may be excavated to permit the application of pa~ked blend to a depth of 4 inches. (b) The access road shall have topsoil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4 inch stone blend. (¢) Oiled with a minimum of 4/10th of a gallon of road oil per square yard. (4) All work required as hereinbefore set forth shall be performed under the supervision of the Town Engineer and no building permits or certificates of occupancy shall be issued by the Building Inspector until the Town Engineer has certified that such access road has been constructed in accordance with the foregoing requirements. (5) Where the terrain of the land over which such access road is to traverse is such that drainage problems may occur, the applicant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. (6) The Board of Appeals may in passing upon any appeal for approval of access make any reasonable exception as in its judgment it deems appropriate to the circumstances. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. The following 1966 Sign Resolution was Reaffirmed and Restated with Item 4, section h modified as follows: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, as a guide to all concerned about signs on or near public highways and elsewhere, and in view of letters of notification of sign violations now in prepareation, the Board of Appeals hereby summarizes the guiding principles governing the granting or denial of SPECIAL EXCEPTIONS for signs not specifically covered in the Zoning Ordinance, subject to the general provisions of the Ordinance applying to all special exceptions and permissive uses. 1. With Federal, state and local government agencies, the Board recognizes that the indiscriminate, uncontrolled use of the advertising signs, and/or other similar devices located on public or private property tends to deface the landscape, change the character of the neighborhoo-, and is against the best interests of the general public of the Town of Southold, however, 2. The Board is strongly of the opinion that directional signs for certain activities are necessarily and demonstrably in the interest of the travelling public whose goodwill and patronage are necessary to the Tc~n of Southold Board of Appeals DEPARTMENT OF PLANNING Il'E: r". KOPPE:~.MAN January 25, 1980 Petitioner: Robin A. Raeburn & Mary Elizabeth Murphy Mun. File No.: 2609 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application is not within the jurisdiction- of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director'of Planning Gerald G. Newman Chief PlAnner GGN:Jk TOWN CLERK Building Dept. Planning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ... ]~:).~..4..0.~...~...& .~.~ ............... of the town of... 8.o~h..O.~.d. ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits Appeal No. 2609 ~obXn &. Raebu.-'n and b~eo~ge C. St&nkev~ch, Esq. Ma;LnRoad Southold, tOf 11~?1 XX Variances 280A ................ Right-of-way o££ Oregon P, oad &net _ - LoCal ion of a f fected la nd: ]}~'.;I,d,(~.. ~[dk~e.. Y, qf,~#~ll ~.~13.,...C.~.~.~P~!3.~. ~...]~......~.~ ~.~ ...~ ~...Q.~ ~.~ 0 3 &nc]. within 500 feet of: {check one or more) p&r~ O£ [000-073-002-002 ..~ ........ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage Channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Commen~: Applicants were granted &pp=oval of &co&ss aubJeot to~ (a) legal agreement with owner of r-o-w to the weal of subJeot r-o-w to uae port,on thereof unt~l passed an°to&ohm&nra, (b) Town Planning Board &pprov&l for legal agreement, supra, (o) ~mprovement of the r-o-w, (d) County Planning Com~[aelon reo~end&tione. Oate: .............................. EncloBureB Lind& F. Kowalsk[ Secretary Date received by Suffolk County Planning Commission .................................................................................... File No ................................. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAiN RrlAD- STATE Rr'tAD 25 SI~UTHE}LDo L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 23, 1983 George C. Stankevich, Esq. Horton's Lane Southold, NY 11971 Re: Appeal No. 2609 Robin A. Raeburn and Mary E. Murphy Dear Mr. Stankevich: Pursuant to your request today, please find enclosed a copy of the board's decision in the above matter which was rendered January 22, 1980. Happy holidays to all. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ~B~F Lln~a ~owalski Enclosure P D T D Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Cl~airman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, .Ir. December 5, 1979 TELEPHONE - 765-1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held December 3, 1979o RESOLVED to accept the following recommendations and co~ditions of the Suffolk County Plenning Department as pertains to the map of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy and direct that they be placed on the map: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the tOP edge of the bluff. No stormwater runoff resulting from the development and improvement of the-lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within' 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. Clearing and cutting of vegetation~within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. Access to the beach shall be by means of a suitable structure designed aud constructed in a manner that will result in the least disturbance of the stability of the bluff. O O George Stankevich, Esq. -2- December 5, 1979 Access to the beach for Lots 2 and 3 shall be restricted to a single access structure located on or near the common property line between the two lets. The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. Yours truly, Muriel Tolmau, Secretary Southold Town Planning Board HENRY E. RAYNOR. Sr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITChriE LATHAM. Southold, N.Y. 11971 November 29, 1979 TELEPHONE 765o'1938 George Stankevich, Esq. Main Road Southold, New York 11971 Dear Mr. Stankevich: The following action was taken by the Southold Town Planning Board at a regular meeting held November 14, 1979. ~EREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn'and Mary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and t~HEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on October 18, 1979 at 9:00 p.m., and ~HEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of Robin~ A. Raeburn and Mary Elizabeth Murphy for approval of said subdivision Plat prepared by Roderick Van Tuyl, P.C. and dated September 26, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Consideration of the Southold Town Planning Board of conditions of the Suffolk County Planning Commission, any. George Stankevich, .Esq. Page Two Approval by the Southold Town Board of Appeals of adequate access te the property. Continuance of the right-of-way for 150 feet through lot 3. I am enclosing the correspondence from the Suffolk County ~lanning Commission. The Board will review this matter on December 3, 1979. Yours truly, Enclosure Muriel Tolman, Secretary Southold Town Planning Board Southold Town Board of Appeals srlUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., Chai~3~taD. SERGE DOYEN, JR. TERRY TUTRILL ROBERT J. DOUGLASS PUBLIC NOTICE NOTICE IS HEREBY GIVEN, that a Special Meeting will be held by the Southold Town Board of Appeals on Tuesday, Janu- ary 22, 1980 at 5:00 o'clock P.M. at the Southold Town Hall, Main Road, Southold, New York 11971. CG:lk i/2i/80 9:30 a.m. CHARLES GRIGONIS, Chairman JR. GEORGE C. STANK:EVICH ATTORNEY AT LAW January 18, 1980 Southold Town Zoning Board cf Appeals Main Road Southold, New York ~11971 Re: Application of Raeburn & Murphy Gentlemen: Please find enclosed the Waiver extending the time to make your decision in this matter through Friday, January 25, 1980. GCS:kam Enclosure cc : Robert W. Tasker, Esq. Sincerely yours, ~ankt vi c~ C o ZONING BOARD OF APPE~LS TOIFN OF SOUTHOLD In the Matter of the Application of ROBIN A. RAEBURN and MARY E. ~URPHY WAIVER The applicant hereby stipulates that the time for making the decision in this matter in which a New York Town Law ~280(a) and frontage variance is asked be and is hereby extended through Friday, January 25, 1980. Dated: January 17, 1980. As Agent and Attorney for the Applicant T(-- LD HENRY ERAYNOR. ~.,Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. ~. Southold, N.Y. 11971 January 14, 1980 TELEPHONE 765- 1938 Board of Appeals Town Hall Southold, New York 11971 Gentlemen: It is the consensus of the Southold Town Planning Board that the Murphy-Raeburn minor subdivision of property use the Baxter twenty foot strip for a distance of approximately 200 feet to go past the barns and house. At this juncture the right-of-way for the Murphy-Raeburn subdivision will continue on its own indicated sixteen feet not in common use with the Baxter Properties, Inc. subdivision. This recommendation is contingent upon written consent of Baxter Properties, Inc. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Copy to George Stankevich, Esq. ROBERT W. TASKER Town Attoxney EY TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 January 2, 1980 Mrs. Linda F. Kowalski Secretary, Southold Town Board of Appeals Southold, New York 11971 Dear Linda: Re: Raeburn and Murphy Approval of Access ]Enclosed is a redraft of the Board of Appeal's find- ings and resolution relative to the above right-of-way. Your s very truly, RWT:fae Eno. ROBERT W. TASKER Town Attorney O After investigation and inspection, the Board finds that the applicants have requested approval of access to lots located near Long Island Sound, and heretofore approved as a minor subdivision by the Planning Board on October 18· 1979. The lots shown on the subdivision map have access to the nearest public highway, namely· Bridge Lane Extension at its intersection with Oregon Road over a 16 foot wide right-of-way. However, upon examination of the site· the Board found that said right-of-way is not open and unobstructed throughout its entire length. It is obstructed by a barn and house at the southerly end· within 200 feet of Oregon Road. The Board also found that there exists a 20 foot right-of-way immediaiely west of the above-mentioned 16 foot right-of-way. The Board believes that if the applicants can obtain the right to use the 20 foot right-of-way in the area in which the 16 foot right-of-way is obstructed by buildings that tke combined use of the right-of-way in the area where obstructions are located would afford appli- cants adequate access to th~ lots in question. The Board finds that the circur~ tances present in this case are unique and that Ztrict application of the applicable laws would produce practical difficulties or unnecessary t~ rdship. The Board also believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning code. On motion made by Mr. it was · seconded by Mr. RESOLVED· that ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C. Stankevich, Esq.· Main Road, Southold· New York 11971, BE GRANTED approval of access, New York Town Law· Section 280A· SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicants obtain the legal right to use the 20 foot right-of-way lying to the west of the 16 foot right-of-way for a distance commencing at the northerly line of Oregon Road and extending northerly a distance of approxi- mately 200 feet to a point north of the existing barn and/or house enc~eachments of the 16 foot right-of-way. 2. That applicants file with this Board an instrument granting applicants the right to use that portion of the above-mentioned 20 foot right-of-way described above. 3. That the right-of-way be suitably improved in accordance with the require- ments of this Board adopted on March 22, 1979. 4. That approval be obtained by the applicants from the Suffolk County Planning Commission. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS ~, Actln~ Chairman 0 0 Southold Town Board of Appeals -qOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 December 28, 1979 Robert W. Tasker, Esq. Main Road Greenport, NY 11944 Re: Appeal No 2609 - Robin A. Raeburn and another Variance for Approval of Access Dear Mr. Tasker: Enclosed is a copy of the Board's proposed conditions on the Raeburn & Murphy right-of-way matter for your recom- mendations, changes and comments.. The Board thought that perhaps re-wording would be needed. Also enclosed are a copy of the contract of sale and affidavit of Frederick F. Meyer, Municipal Planner. Very truly yours, Enclosures Mrs. L.F. Kowalski Secretary After investigation and inspection, t~ Board finds that the applicants are requesting approval of access on a right-of-way extending from Bridge Lane Extension and Oregon Road, Cutchogue, 16 feet in width to Lots 1 and 2 on Minor Subdivision Map approved by the $outhold Town Planning Board October 18, 1979 for Robin A. Raeburn and Mary E. Murphy. The Board finds that a house and barn encroach the right-of-way, and approval of access could not be granted as applied for. The Board feels that an alternative solu- tion could be met with the adjoining prqperty owner, presently Baxter Properties Inc. inasmuch as it has a right-of-way running parallel to the subject right-of-way. The Board agrees with the reasoning of the applicants and will approve such access with conditions as specified below. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. it was , seconded by Mr. RESOLVED, that ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C. Stankevich, Esq., Main Road, Southold, New York 11971, BE GRANTED approval of access, New York Town Law, Sec- tion 280A, SUBJECT TO THE FOLLOWING CONDITIONS: (1) Legal right granted by the owner of the right-of-way to the west of the subject right-of-way [presently owned by Baxter Properties Inc.] authorizing the applicants to utilize not less than 20 feet in width and approximately 200 feet in length commencing from Bridge Lane Extension and Oregon Road on Baxter Properties Inc. right-of-way, in order to permit access of 26 feet until clearance of the Bokina house and barn is obtained; (2) Legal title of the subject right-of-way; (3) Approval and/or recommendations of the Southold Town Planning Board; (4) Conformance with the requirements of this Board for the improvement of access roads as adopted March 22, 1979. (5) Suffolk County Planning Commission approval and/or recommendations. Location of property: Bridge Lane Extension, Cutchogue; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. Vote of the Board: LD HENRY E, RAYNOR, Jr.. CI~airman FREDERICK E. GORDON 'lAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, ,Ir. Southold, N.Y. 11971 December 18, 1979 TELEPHONE 765 - 1938 Board of Appeals Town Hall Southold, New York 11971 Gentlemen: The Southold Town Planning Board is in receipt of your letter of December 13, 1979 in regard to the right-of-way off Bridge Lane Extension to the property of Murphy, Raeburn. The Board acted at a regular meeting held December 17, 1979 to deny both options ' ' as there is information from Baxter Properties that they are willin~ to ~o along with either of these two options or some other prooosal. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Mur~el Tolman, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLAS~ Actinq Chairman Southold Town Board of APPeals SDUTHDLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 December 13, 1979 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Raeburn, Robin A. Appeal No. 2609 Murphy, Mary Elizabeth Right-of-Way off Bridge Lane Extension, Cutchogue Dear Sirs: An application is currently before the Board of Appeals' for approval of access on a right-of-way located off Bridge Lane Extension and Oregon Road, Cutchogue, for waterfront property owned by Robin A. Raeburn and Mary Elizabeth Murphy, and for wh±ch we understand a minor sub- division was granted by your Board. As you probably know, the property owners have an unusual situation, wherein the subject right-of-way is encroached by a house and barn; and the Board of Appeals respectfully asks your input and recommendations to assist in rectifying this matter, as well as your opinion of the following two alternatives for this access: (1) Could a favorable consideration be anticipated from the Planning Board to allow Raeburn and Murphy t~ use the Baxter Properties' right-of-way only as far as the barn and house, and then cross back over onto the Raeburn and Murphy right-of-way? This would be for approximately 200 feet from Oregon Road. (2) Could a favorable consideration be anticipated from the Planning Board to allow Raeburn and Murphy the use of approximately six feet in width to any length of the Baxter Properties' right-of-way as may be deemed appropriate? Southold Town Planning Board Page 2 December 13,1979 Re: Raeburn and Murphy Appeal No. 2609 The next meeting of the Board of Appeals is scheduled for December 27th. Any reply you would give by that date will be greatly appreciated. Sincerely yours, Linda F. Kowalski Secretary Time 7:30 P.M. 7:50 P.M. 8:00 P.M. 8:10 P.M. 8:25 P.M. 8:40 P.M. 8:55 P.M. 9:10 P.M. tBOARD O~ APPEALS MEETING HELD DECEMBER 27, 1979 Matter Appeal No. Location of Property DICKINSON, Ralph (Recessed from 12/6 Meeting) ~RAEBURN, Robin MURPHY, MaZy E. (Reserved Decision from 12/6 Meeting) 2629 2609 Y & C HOLDING CO. 2650 (Public Hearing) MORCHEL, Gunter (Public Hearing) MORCHEL, Gunter (Public Hearing) REALE, James (Public Hearing) 2649 2651 2653 Right-of-Way off Peconic Bay Boule- vard, Laurel 1000-128-06-005 (Insufficient front & side yards) Right-of-Way off Bridge Lane and Oregon Road,'Cutchogue 280A) 1000-73-02-3 & 2 (Approval of Access, Town Law Right-of-Way off County Road 27, Peconic, NY 1000-074~01-37.1 (Approval of access, Town Law 280A) Old Menhaden Road, Nassau Point. 1000-111-09-03 (Fence over 4' High Variance) Old Menhaden Road, Nassau Point. 1000-111-09-03 (Accessory in Frontyard Variance) 7845 Skunk Lane, Cutchogue. 1000-104-04-025 (Sideyard Structure Variance) BOCKLET, Charles (Public Hearing) 2654 Robinson Lane, Peconic 1000-98-05-02 (Second residence on same lot) DEMPSEY, John R. (Public Hearing) 2652 Cedar Beach Road, Southold. 1000-091-001-p/o 003 (43 & 3' frontyard setback) PERRICONE, Stephen 2587 KOUSOUROS, Penelope (Recessed from 12/6 Meeting) Sound Avenue, Mattituck. 1000-121-05-03 (Variance for Disco Bar with Dancing) CIACIA, Raymond 2574 and Anna (Possible Resolution to re-schedule and re-advertise for next meeting) Southerly side of Main Road, Greenport. 1000-53-2-21 & 23. (Variance to subdivide with insufficient width and area) AFFIDAVIT In the matter of the application of Raeburn-Murphy to the Southold Board of Zoning Appeals for determination of adequate access to the property located north of Bridge Lane in the Hamlet of Cutchogue: PLEASE BE ADVISED that I am a professional Land Use Planner, actively engaged in the profession of municipal plan- ning for approximately twenty-five years. I have examined the subject property both in the field and as set forth on various maps and I am familiar with the decisions of the Suffolk County Supreme Court and the Planning Board of the Town of Southold. The property in question, together with its access, has been in the same configuration for many years. The only change thereto has been the land partition by the court followed by the Planning Board's formal approval of the three-lot sub- division. A building permit was issued and a dwelling construc- ted approximately seven years ago on the first plot with access thereto presumably recognized and approved by Town authorities. The only change therefore has been the creation of two additional building plots -- representing a minor subdivision. Upon examining Section 250A of the Town Law, it is my opinion that a building permit can only validly be denied if it can be shown that emergency vehicles cannot safely and with reasonable security travel to and from the proposed struc- ture. The fact that the Raeburn-Murphy house has existed for some years and the Parr House has existed for an even longer period of time, with no apparent mishap, would appear to be ample proof of suitable access thereto. Section 280A of the Town Law presumes that a fifteen foot width is sufficient for ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles; it does not set forth this width as an absolute minimum. As a matter of personal observation and upon researching the widths of various vehicles, it is my opin- ion that a width of ten feet would be adequate for the passage of emergency vehicles. In the instant case, the subject prop- erty is served by a sixteen foot right of way with encroachments only at two points, where the width is less -- at one point it is thirteen feet wide and at another it is eleven feet wide. With the required improvements that will be required by the Town, all weather safe access will be assured in all seasons. The fact of the matter is that in addition to the sixteen foot right of way which has served the subject proper- ties for many years, there is an additional twenty foot right of way immediately contiguous to the west of the subject right of way, which serves land now or formerly Baxter. In the field there is no differentiation between the two. One cannot discern one right of way from the other and furthermore, the actual tra- veled way runs from one onto the other or traverses partially upon both rights of way at the same time. Together then, these rights of way vary from a combined width of from thirty-one feet to thirty-six feet and although the Baxter right of way is not part of the subject application, it does, in fact, exist in the field, is traversed upon now and presumably travel will continue to be permitted thereon in the future. Furthermore, in my opinion, a right of way of sufficient width to accommodate vehicles could be jointly used by any number of property-owners; there is nothing that indicates, or is it reasonable to expect, that each separate land owner or owners must provide suitable access to their prop- erties over separate rights of way. And finally, in the absence of an official map clearly showing future public roads, denial of a building permit for a plot or plots that are otherwise in compliance with the Town's requirements because a road may in the future be constructed adjacent to such plot or plots or the rights of way leading there- to may be used for such road, is tantamount to condemnation of property without due process of law. Accordingly, it is respectfully requested that the Board of Zoning Appeals grant the necessary reduction in width at the two points as a non-conforming situation subject to the improvements normally required by the Board. Frederick F. Meyer Municipal Planner O O GARY F-LANNER OLSeN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD . MATTITUC~. LONG ISLAND. NEW ¥ORF~ 1195;~ · PHONE 516 298-48z~4 December 11, 1979 Re: Raebur~ to Hanauer .? ~ ~ File # 2664 ~ ~? '~\ Gentlemen: Enclosed herewith please find a photocopy of the Contract of Sale in re the above captioned matter, which I am sending to you pursuant to th~uest of George Stankevich, Esq. // Very t~ly yo~s. / F~lC. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 cc: George Stankevich, Esq. cc: First Towne Realty Debra Edson Parties: Personal Property: Price: Standard N.Y.B.T.U. Form~41* R 11/78' '~ ' · - Contract of Sale t~ .~ · WARNING: NO REPRE~TATION IS MADE THAT THIS FOR~F CONTRACT FOR THE '~ALE AND PURCHASE OF REAL ES'lATE COMPLIES WITH SECTION 5-702 OF' THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). .~ ~ CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LO~ES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the BETWEEN day of August .1979 ROBIN A. RAEBURN Address: c/o Pier 50 Punto Rossa - Box 107 - Route 24 Fort ~eyers, Florida 33908 hereinafter called "SELLER", who agrees to sell, and SUE H. HANALrER Addr~: 2 The Hollows Syosset, New York 11791 hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") fmore fully described on a _separate page marked "Schedule A") and also known as: Hamlet of Cutchogue, Town of Southold County of Suffolk, State of New York Street Addre~. (No ~) Bridge Lalte Ext. Cutchogue, Mew York 11935 Tax Map Designation: District 1000 Section 073 Block 002 Lot 003.2 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. 7he ..;~ ,,;.,, ;,,,~;,~d,~..dl /I.' ........ d ...i..l .....f r' ....... 1 r...r~.t: _L--i..2 ; ....... 1 L. II . Irt ;.'_l'_k i&. PREMISES, unless specifically excluded below. SELLER states tbat they are paid for and own. e.~ and clear.of any lien other than the EXISTING MORTGAGEIS). They inclhde but are~l~dgOl~g~to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinet~n blind,s, s,h,ades, screens, awnings, storm windows, window boxes, storm d~o es, pomps, shrubbery, fencing, outdoor statuary, tool sheds, dishw~, posal-units, ranges. refrigerators, free~d installations, and wall to wall carpeting. Excluded e are: · - ............ d 1 .....l.vld I--.l~l.l..~,o, The subject premises is bare land 1. a. The purchase price is $ 40,000.00 payable as follows: On the signing of this contract, by check subject to collection: $ 4,0 00,00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ N/A By a Purchase Money Note and Mortgage from PURCHASER for assigns) to SELLER: $ H/A BALANCE AT CLOSING: $ 36,000.00 ,4cceptable Fonds: "Sub/ectto" Provisions: ~provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though MORTGAGE is extended or modified in good faith. The Purchase Money Note and on the standard form of New York Board of Title Underwriters by. the attorney the morlgage recording tax, recording fees and the attorney's fee in the amount of $ for its preparation. c. If any required payments are made on an EXISTING MORTGAGE between CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount the balance of the price payable at CLOSING will be adjusted. SELLER a in Paragraph 2, then in Paragraph 2 is reasonably correct and that only payments required by the EXISTING will be made. d. Ii there is a mortgage escrow account that is maintained for the : taxes or insurance, etc., SELLER shall assign it to PURCHASER, if it can be assigned. In that shall pay the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the Mortgage now in the unpaid principal amount of $ per cent per year, presently payable which include principal, interest, and with any balance of principal being due on of "EXISTING MORTGAGE(S)" as follows: and interest at the rate of in installments of $ states that no EXISTING MORTGAGE c6ntains any provision that ' the holder of tl~ thereoferin]ts to require its immediate payment in full or to change any other term by reason of the fact of 3. All money payable under this contract, unless otherwise specified, Shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to tile order of PURCHASER and dully, endorsed by PURCHASER (if an individual) to the order of SELLER in the ~resence of sELLER or SELLER S attorney. e. Money other than thepurchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the nmotmt of FIVE HUNDRED ($ 500.00 ) dolh, r~ior d. As otherwise a~recd to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. , c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. "O~' d. Any state of facts an accurate survey or personal inspection would show.if title is not rendered unmarketable. e. Covenants, restrictions, and easements of record.providing same does not prohibit the construction of a single family' residence. any reputable Suffolk title Compa,~, 5. SELLER shall give and PURCHASER shall accept such title as County title insurance company,, dpproval: a member of The New York Board of Title Underwriters, will be willing to approve and insure in accordance wnh their standard form of title polie)~; subject only to the matters provided for in this contract. Closing 6. "CLOSING" means the settlement of,the obligations of SELLER and PURCHASER to each other under this Definedand contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Formo[Deed: BARGAIN and SALE with COVENANTS deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herdn stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at ~he time of CLOSING (a) a resolution o! its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law~ The deed in such case shall contain a recital sufficient to establiah Compliance with that section. Closing ~ 7. CLOS1NG will take place at the office of Geo.rge C. Stankevioh, Esq., t.~ain Road V,t, andPl~,: Southold, ,New York 11971 Or lending institution on or about -- at o clock on __~=~+~,,.,,t.~::o~ ..... 15 day's after . xx,xx~mortgage commitment a · approvals of Sou~hold T6~ISi~nning & Zoning, Boa,-,~ nd after Bro,~'er: ] 8. PURf,fIASER hereby sta~e~that PURCHASER '~as ot dca t ~i h an¥'b'~r~r in connection with th( .... ' Il- FIRST TOIl_) REALTY _ ~ ........ S sale omer [nan l[and SELLER agrees to pay ~ broker the,cc-nnmi~ion earned thereby' (pursuant to separate agreement). party of the second par~ .0 WITNF~SETH, that the party of the first part, in consideration of ONE ($1.00) ................................................... ~lollars, lawful money of the United States. and other good and lawful consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALl.. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lvingandbeingi~tke at Cutchogue, Town of Southold, County of Suffolk, ~tate of New York being more particularly bounded and described as fc 1 lows: BEGINNING at the southeasterly corner of the subject premiseSand the southwesterly corner of premises simultaneously conveyed to Mary Elizabeth Murphy a/k/a Mary E. Murphy, said point of beginning b~ing 150.00 feet running South 70° 20' 10" West along the northerly line of lands now or formerly of Bokina from the southwesterlx corner of lands now or formerly of Parr, RUNNING THENCE South 70° 20' 10" West 150.00 feet along lands noway= formerly of Bokina, THENCE North 44° 29' 40" West 360+- feet to the ordinary high water3 mark of Long Island Sound, THENCE in a easterly direction along the ordinary high water mark of Long Island Sound 155+- feet, THENCE South 44° 29' 40" East 350+- feet to the point or place of BEGINNING. SUBJECT TO the rights of way and easements described in a deed and conveyance simultaneously made herewith to Mary Elizabeth MurPhy I Mary E. Murphy. ~'sUBJECT TO a $60,000.00 first mortgage held by the Southold Savings Bank, 54375 Main Road, Southold, New York 11971, on which the prin- cipal balance is now ~,834.96 which Robin A. Raeburn agrees to pay and agrees to hold Mary Elizabeth Murphy a/k/a Mary E. Murphy~ .~ harmless agai~t~collection. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with the land: (a) the rights of way and easements described in deeds re- corded at the Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in th9 deed recorded at the Suffolk County Clerk's Office at Liber 7658 page 202 and; (c) the right of way and easement to install Ilel~ctric t~].ephone and other utilities along and in the aforesaid rights of way, together with the right to ta? into the existing lectric utility service running to the premises to the west and e .... ~-~ ~remises to the premises to the east, ~running across ~ne ~3~ ~_~_~ ~=~ ~ew successors and assigns, , 'ded the party o~ the seuu:,~ ~, ~ ~ . .nstaL1 their own meter, pay the cost and expense of such tap ~n, obtain necessary approvals from the utility company. TO an easement five (5') feet in width centered on existing y services crossing the subject premises going'to the premises to the east for the purpose of installation and .maintenance and use of all manner of utility services. (Said easement may be relocated at tl%e direction and expense of the owner of the burdened property ~lprovided there ls no interruption of service.) EXHIBITc / / / CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD IE USED BY LAWYERS ONLY THIS INDENTURE, made Ihs day of , nineteen hundred and BETW£EN 2) East loth ~troe~, Ne~ ¥or}:~ ~ev York ~nd ~,OBIN d. party of the first part, and Cutchoque~ Na,~ York 11935, party of the second part, WITNEs-qEiTH, that the party of the first part, in consideration of ten dollars and other valuable considePatlon 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 nlm, piece or oarcel of land, with the baildines and improvements thereon I~n~a~d~g~n~h~ xX :c ~x x x x x x x x x x x~ :* x x x x x x ~ x x A RXCqT-OF-~AY over that certain parcel of laud described in · dead recorded aC the Suffolk County Clerk's Office at Libor 8~2 Fags 22&s said ~arcel lying and bain)l ac Cutcho?ues Torn of gouthold, County of ~uffolk, State of ~Yorks said r'[ght-of-~ay being ~ra bo~dad and descried as foll~s: along Chi northerly line of land~ no~ or for~aerly of Bokina from the n~ or fornerl~ of Bokirml ~¢~ ~orth 19' Ils 50" ~ost for u distnnce of 20 feet; TIIENCE ~orth 70* 20' 10' East for a distance of 88,47 feat; T.~tCg tooth 44' 22* 40" l~ast for a distance of 22.03 feet .to the point er place of ]~BCI:i~Tg. 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improver~'nt 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 indentpre ~o requires. IN wrrNE.$S WH£R£OF~ the party of the first part has duly executed this deed the day and year first above written. II,: PRESENCE OFf EXHIBIT CRA~lTEE Olq · ' CONTRACT RAEBURN / ItANAU~ 25. ESCROW. All monies paid hereunder shall be held in escrow pending closing of title by George C. Stankevich, Esq., Main Road, Southold, New York 11971 26. SOUTHOLD TOWN PLANNING BOARD APPROVAL. This contract of sale is subject to Southold Town Planning Board minor subdivision approval, which shall be obtained by the seller. The seller shall have days to obtain said approval and, in the event that said approval is not obtained, the purchaser may either extend the seller time or cancel this contract by written notice to the seller. 27. SOUTHOLD TOWN ZONING BOARD OF APPEALS APPROVAL. This contract of sale is subject to Southold Town Zoning Board of Appeals approval pursuant to New York Town Law Section 280 (a), which shall be obtained by the seller. The seller shall have days to obtain said approval and, in the event that said approval is not obtained, the purchaser may either extend the seller time or cancel this contract by written notice to the seller. In the event that the Town of Southold shall require improvements to be made to the right-of-way, the seller shall have the right to make said improvements or cancel this contract upon written notice to the purchaser's attorney. There shall be no obligation on the part of the purchaser to make any improvements to the property. 28. COMPANION CLOSINGS. The subject premises and the adjOining premises owned by the seller are known and designated on Suffolk County Tax Map as District 1000, Section 073, Block 002, Lot 003.1 and District 1000, Section 073, Block 002, Lot 003.2, and this contract shall be contingent upon the closing of both contracts of sale on both parcels of real property. 29. RIGHT-OF-WAY. Subject to a right-of-way to be created for lands now or formerly of Murphy to the east as shown on Exhibit B. 30. BUILDABILITY. This Contract of Sale is subject to the premises, on date of closing, being a legal lot(s) on which a singly family dwelling(s) ean be legally constructed under applicable Town, County, ~and Federal zoning, building, housing, health department, environmehtal, and other rules regulations, laws, and statues, and if not, then the purchaser(s) shall have the right to cancel this Contract of Sale and receive back all monies paid hereunder. ,4ssiRnment Unpaid Awards: Mortgagee's Certi)~cate or ]~etter tls to Existing Mortgage(s): Compliance with State and Municipal Department F ioiations and Orders: Omit it the Property i~ Not In the City o! New York: Installment ~4pportion- IFater Meter Readings: for Unpaid Tazes, Etc.: I/se o! Purchase Price to Pay Encumbrances: to .ludgmentz, lionkruptci~s Etc.: Deed TransIer and Recording Purchaser's Lien: Seller's Inability to Conve~ Limitation o! Liability: Condition o! Property: Entire .4greernent: l~: t'This sale inc?des all o,~f ,SELL~ER'S os~nerslsip and rights, if any, itl_any land lying in thee,ed of,any street or ~gaway, openeu or prol~ ~, in xront of or adjoining the PREMIS~so the center ine thereof. It also includes any right of SELLER toga,dy unpaid award by reason of any taklngvt~rcondemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCIIASER may requira to collect the award and damages. ' be~~n' form for ' / wing the days befo ammg the same information. SELLER hereby states that any EXISTING MORTGAGE 11. a. SELLER will comply with all notes or notices of violations of law or municipal .rdiuances, orders or requirements noted in or issued by any governmental departtnent having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may b~o,ue payable in a,n,n~al insta.ll,m, ents;,and the first installment is then a lien, or has been paid, then for the purposes of this contract au me unpam mstamnents shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before CLOSING: la) Rents as and when collected, lb) Interest on EXISTING MORTGAGERS). Ic) Premiutns m~ existing transferable insurance policies and renewals of those expiring prior to CLOSING. Id) Taxes, water charges and sewer rents. on the basis of the fiscal period for which assessed. (e) Fuel, if any. (f) Vault charges, if any. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be ulmn the buis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned an the. basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five(5) business days after CLOSING, provided that official bills therefo'r "eornl~uted to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it As an alternative SELL. ER may deposit money with the title insurance company employed by PURC?,,ASER and required by t to assure its dtscberge; but only if the title insurance company will insure PURCHASER S title clear of the matter or insure against its · nforcx'rnent out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons bevingname~ the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SFJ.LER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason Of the delivelry or recording of the deed, together with any required tax r.e. turn. PURCHASER agrees to duly complete the tax return and to cause .the check(s) and the tax return to be dehvered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21, PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER. to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in tlt/s~c~t~act. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying Upon any statements made by anyone else that is not set forth in this contract. Changes Must be in Singular d~s~ Means Plural: '~'3. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, a&ninistrators, successors and assigns of the respective parties. Each of ~ parges hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. See annexed Contract Rider In Presence Of: ROBIN A, RAEBURN Seller SANFORD purchaser Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee o! Purchaser autract .af ale ROBIN A. R~LEBURN TO SUE H. SANFORD PREMISES Block Lot County or Town Street Numbered Address Recorded At Request of RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE INSURANCE COMPANy GEORGE C. STANKEVICH ATTORNP~Y AT LA~{ }5AiH ROAD SOUTHOLD, NEW YORK 11971 Zip No. WARNING: .N]O REPRESE~TAT!ON IS MADE TIIA'!] Tills FORM OF CONTRACT FOR THE SALE ~; I'URCIIASE Ol' REAl, E~FE COMPI,IES WITII SECFION 5-702 ~THE GENERA'L OBLIGATIONS LA~-,"-~ /"FLAIl ENGLISII"). M ,~ ~/ :-~?,. CONSULT YOUR LA~ER BEFORE SIGNING IT. ";' NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event. ol fire or casualty loss heforc the tilh' closing. [ nless diffcrtm~ k. ovls~on is made in this contract, S~tion 5-1311 of the Gcneral Obligations Law will apply. One part of that law makcs a purchaser,responsible for fire and casualty loss;_ upon taking of title lo o~ l,ossession <,f the p..miscs. CONTRACT OF SALE made as of the BETWEEN Address: day of August , 19 79 ROBIN A. RAEBU~i c/o Pier 50 Punko Rossa Box 107 - Route 24 Fort I,%~ye"s, Flo'~ida 33908 hereinafter called "SELl. ER", who agrees to ~ll. and ,.A.;FO .D F. HANAUER ~, oOCIhT-,,., INC. Addre~: 2 The Hollows ' Syosset, New York 11791 hereinafter called PLRCHASER , who agrees to buy: The property, including all buihli.gs ami improvements thereon {the "PREM1Skk%" separate page marked "Scitedule A") and also known as: Hamlet of County of Suffolk, State of New York Street Address. (No #) Bridge Lane Ext. Cutchogue, New York 11935 Tax Map Designation: District 1000 Section~ 073 Block 002 Lot 003.1 Together with SELLER'S interest, if any, i. streets a,,d unpai,I awards PREMINES. unless specifically cxciud,,d I,ch,w. SELl,I'll stale.4 Ihal riley are paid tar and and elcar ol any lien other than the EXISTING MORTGAGk Si. They incl heating, lighting and cooking fixtures, bathroom and kitchen cahi,,,'ts, venetia,, fencing; outdoor statuary, tool sheds, dishwashers, clothes dryers, garbage refrigerators, freezers, air conditioning nstallatio.s, and wall to wall ~arpeting. Excluded i e are: Sc,e annexod Exhi. bit B 1. a. The purchase price is payabh, as follows: On thc signing of this contract, by check subject to colleclion: By allowance for thc i,ri.cipal a,uou,a ~1il ..paid o,, EXISTING MORTGAGEIS}: By a l'urdlas*' Monet N.h and Mnngage from PURCIIASER loc assigns; to SELl.ER: BALANCE AT CI.OSING: S135,000.00 13,500.00' sN/A provide that it will remai, subject to the prior I i f any EXISIING MORTGAGE even though MORTGAGE Js extended AIL ntodJfied in good faith. [he Purchase M~x~.7.y Note and Mortgage shall be the standard form ut Nc~prk Roant of Title Underwriters by the alt_.~ey for SELLER the morlgage recording t,%~Y'recording tees and the attor.ey's for irs preparation. c. If any required payments are made on an EXISTING MORTGAGE between no, CLOSING which reduce the unpaid princlpa] amount of an EXISTING MORT(;At;E below the amount in Paragraph 2, then the balam.e of the prwe payaMe at ClX)SING wi I I,e ;~liJtlSh'd. SIq,I,ER agrees that shown in Paragraph 2 ~s reasonably correct and that only payme~ds reqt~ircd 19 Ibc EXISTING will bt. made, d If there is a mortgage escrow account that is maintained 5~r the of paying taxes or lnsurauec, cite., SELl,ER shall assign it to PURCHASER, if it can be a~.s~gnc.d. In that ER shall pay the amount the est. row account to SELLER at CI OSING, a6efs): and ol Deed: ' and Place: 2. The PREMISES will he conveyed subject to ;he continui Mortgage now in the unpaid principal amount of $ per ceet per year, p~esently payable which include principal interest, and with any balance of principal bein~ clue ,ayahle on of "EXISTING MORTGAGEIS)" as follows: and interest at the rate of in instalhnents of $ states that no EXISTING MORTGAGE e/retains to require its immediate payment in full or to change any 3, All money payable under this contract, unless otherwise specified, shall be either: a, Cash, but not over one thousand ($1,000.00) Dollars, h, Good certified check of PURCHASER. or official check of any and loan association having a banki.g office in the Slate of New York. payable to the order of order of PURCIIASER ami duly endorsed by PtJRCI~ASER ,il' all imlividualt to the osier of sresence of SELLER or SELLER'S attorney.. ¢. Money other Ihao the pureha~ price payab e to SELLER at CLOSING up to the antount d. As otherwise agreed to in ~riting by SELLER or SELLER'S attorney. 4, The PREMISES are to be transferred subject to: a, Laws and govel'nmental regulations that affect the use and maintenance'Of they are not violated by the buildings and improvements erected on the PREMISES, b. Consents for thc erection of any structures ,,.. under or abo~e any slree~ on Which the ~ISE~ ~ c. Encroachments of stoops, areas, cellar sh'ps, trim and cornices, if any, upon any strut d. Any State of facts tm accurat(~ surve3, or r~,~rsOns~l woul~ show. provided ti~e is not rendered unmaPketable. e. Covenants, restrictions, and easements of record, p~o~ded ~re not violated by existing structures. any reDutable Suffolk 5. SELLER ~hall give and PURCHASER shall accept such title as County title insurance compa.Ry a mtqnher of The New York Board of Till,' Underwdt,,rs. will bt! willing to ap ~rove and r sure n accordance their standard form of title policy, subject only to the matters provided for in this contract. " 6. "CLOSING" means the settlem,ml of the obligalions of SEI,I.ER ami PURCHASER to each o{he~ contract, i.clnding the imyment of the purchase price to SEI.LER. and the delivery to PURCltASER 6~ Bargain and Sale i.7itl] ,Covenants devd in prola-r statul,,ry fi,~m {hr n~¢irdtng so a to transfer full ,w ersh p ~[ c simI h title~ go the PREMISES. Ire, ,f all encu,ubranc~ ex.pt as h~in, ~tatcd. Thc deed will vontain a covenaut hy SELl,Ell as required hy Seclion 13 of the Lien Law. H SELLER ~s a corporation, it will deliver to PURCtlASFR at the time of CLOSING a ~?olmitm o~ its of Directors authorizing the sale and de very of 1 ~ Pc a b a ct ri ficate by the St<relar~ ~ Secrclary of the corporahon cerhfymg such r.so]ullon and sctllng forth feels showing that the conf.rmity with thc rc~ uirements of Seclion 009 of thc Business Corporation ~w.,The, deed in such t'a~ c~ t recta sufl~, t I esta} ah co; ,. s' h sc' 7. CLOSING will take place al the office of George C. Stankevich, ,Esq., ~lain' Road:,;, Southold, ~ev, York 11971, or lending institution on or about 15da~ at o clock on ~~ , ~ after Mortgage 'Commitment ahd Zomng and Planning Board a~rovals a's h~einafter, s t f~rth. , '' 8. PU~.HASER htrcby states that PU~tASER has nol dealt wflh any brewer m conoectton wdh fins salt, other than FIRST TOk3~E ~EALTY and SELLER agrees to pay the broker th,, c.,,,,.i~,.,, ,,a~ned th,,rch; ~pur~uant to separate agreement; 9. This sale includes all ~n~ELLER'S ownership and rights, if any. ied'~ land lying in the hed u[.a.¥ highway. ,, ,,,m.d or ,~..,~ in fronl of or a,lj,,i,d.~ Iht }'RI:,MISES~'Ih,. center"line thereof. II ~l~o' any right of SEI.LER I. any unpaid award by ..as,m ,,f an) 14king hy cm.h,nmali,m and/hr b~r any damaRe the PREMISES hy reason of change of grade ot any street or highway. SEI,I,ER will deliver at no additiona/~t, lo PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCttASER may rcq ~ire cofl~l the awanl and dmnages. before CLOSING signed by the holder of each EXISTING MORT~~g tl~e amount of the unpaid principal and interest, date of ~uri~~~pay thC'tees for recording such cerlificale. If the h,~~q~]?~,~ 274-a. Real Prola'rty Law. d ma~' ~ ~n.~aa th(rty days~CI O'~:?i~ ?o~taip. ir.k, t~e.~.~p.~ormatio. SI']LLER hereby stales that any EXISq lNG 11. m, SELLER will comply with all flutes or notices of violations of ~aw or municipal ordinances; orders 'or requDements noted in or issued by any gnvernmenlal de ~artment hay ng suitor ty aa to ands hmSi~g b fire health and labor condtttons affechng the tREMISEN at Ibc date hereof Tie PREMiN~ sba be translert~' free of Ihcm at CLOSING and this ,rovision shall survive CLOSING. SEI,LER shall i~nish 'PURCHASER any authorizations n~essary to make the searches that could disclose these molters. ~ :~ . ': .,,: ':' /tment · r ~le~r · ~rnptq~s d Tipsier nrdln~ bilitg to .itation ,ditlon 12. If at the time of CLOSING the PREMISES are a~'ected by an assessment which is annual installments, and the first installment is then a lien. or has been all the unpaid installments shall be considered due and are to be paid by 13. The following are to be apportioned as of midnight of the day before CLOSING: fa) Rents as and when collected, lb) Interest on EXISTING MOR I(,AGE¢, . Icl premiums ,m insurance policies and renewals of those expiring prior to CLOSING; (d) ]'axes, water cbc _ on the basis of the fi~al period for which assessed, (e) Fuel, if any. (f) Vauh charges, if any. If CLOSING shall occur before a new tax rote is fixed, the apportionment of taxes the old tax rate for the preceding i~eriod applied to the latest assessed valuation. .Any errors or omissions in computing zpportiunments at CLOSING shall-&e corrected. survive CLOSING. 14. If there be a water meter on the PREMISES, SEI.I.I'iR shall furnish a ilmd ng days before CLOSING date and the unfixed meter charge and sewer rent, if'any.shall be ~ppo of such last reading. 15. SELLER has the optiou to credit PURCHASER as an adjust, any unpaid taxes, assessments, water charges and ~,wer rents, date; not less than five(5) business days after CLOSING. provided that official bills therefor oom produced at CLOSING. 16. If liter,, is anylhing .I-,' affecting the sit n whwh SI'II ER is ~ gato¢ lo pay and SELI,I',II may use any port.n~ of th. halance of tlw i,ur,'hssc price I~. d,m:hargn ,I, Aa an ,altern,st~ve deposit money with the lille insurauee company eml,l,~y~'d by I*UI/CIIASEI1 ami r~uirmt by ]140 .~ute-;t~ but only if the tiffs insurance.company will ins. re I'IIRCIIAgER'S fith~ clear'df ihs're&.? Il ~or~ment out of the PREMI~. Upun requesl, made within a rea~onahle time ~I0reCI.~INGi a~ to provide separate cert~fi~ eh~ks as requested to assist iu clearing up these matter~. 17. If 'a t tie exam nation d ~ o~s judgments, hankr lptci~ , r other returns agaiast same as or simdar to that of SELLER. SELLER shall deliver a satisfactory detailed affidav~ at CLOSING · at they are not agalnM SELLER. 18 At ~LOSING SELLER shall del vet z cert fled clu,'k payah c to the order of tie County o~cer ]n the amount o~ any apphcable transfer and/or re,.ordmg tax payzble by renson record ng of ~e deed together with any requlre¢ tax retur PUR(ItASER agr ~ ~o dhly'~ml~e t~ and to cause the cb~k(s) and thc tax return to be (h.hvered 1o the approlu~alc offs:er 19. All money pahl on nccounl ut this contracL and the reasonable ext..uses of examinhtion PREMISES and of any survey and su~ey inspection charges are hereby made lien~ coll~lable out of ~e PRAISES. Such liens shall not continue after default in ~rformance PURCHASe. 20. If SEI,LER is unable to transfer tilh. to PURCtlASER in accordance with th s contract, SEI LER's 'sole ia shall l~e to refund all money paid on account of this eontract, pins all charges made for: (ii examining the (ii) any appropriate additional ~!arches made in accordance with this contract, arid (iii) sttrvey ami inspection charges. Upon such refuml and paymen~ this contract shall be considered eun~olledp atd uoithee SELi;~ nor PURCHASER shall have any further right~ against the oti~er. 21. PURCHASER has respected the beddings on the PRF,MISES and the personal property melud~l ,~. 'thts and is thoroughly acquainted with their condition. PURCHASER agrees to purchase '(hem "a~ ia" and i~ their present condition subject to reasonable use, wear, tear, and natural deleriorahon betw~n now and PURCHASER shall have the right, after reaSOnable notice to SELLFJI. to inspect them before CLOSING. 22. All prior understandings and agreements bctw¢'en SFJ,LER and PURCIIASER are merged in this contracL It completely expresses their full agreement. It has been enlered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. CONTP C* aA m RN/S N OaD t WAO R ASSOCIATES, INC., August 1 ~ ?9 ' W 25. ESCRO · All monies paid hereunder shall be.held in escrow pending closing of title by George C. Stankevieh, Esq., Main Road, Southold, New York 11971. 26. SOUTHOLD TOWN PLANNING BOARD APPROVAL. This contract of ' Sale is subject to Southold Town Planning Board minor subdivision apprOVal. which shall be obtained by the Seller. The Seller ~hall have to obtain said approval and, in the event that said approval i~ the Purchaser may either extend the Seller time or cancel this by' ~ wriften l~otice to the Seller. ~' 27. SOUTHOLD TOWN ZONING BOARD OF APPEALS contract of'sale is subject to Southold Town Zoning Board of pursuant to New York Town Law Section 280 Ca), which shall Seller. The Seller shall have days to obtain said apprOVal and event that said approval is not obtained, the Purchaser Seller time or cancel this Contract by written [lot[ce to event that the Town of Son, hold shall require improvement8 to be made to the right - of - way, the Seller shall have the right to make enid Improvements'~ or cancel this contract upon written ~otice to the purchaser's attorneY, 'There shall be no bbligation on the part of the purchaser to make any lmpro~emellt8 to the property. 28. COMPANION CLOSINGS. The subject premises and ises owned by the Soller are known and designated on Suffolk ~ as District 1000, Section 073, Block 002, Lot 003.1 and District 073, Block 002, Lot 003.2 and this Contract shall be lng of both contracts of sale on both parcels of real property. 29. The parties agree that this Contract is conti~. procuring a conventional mortgage commitment from a lending the amount of $100,000.00 repayable in years, at the interest, and Purchasers agree to make immediat} agreeto sign such papers, documents, and give such information ~ quired for such financing. Thc Purchasers shall have of the Contract to secure a cominitment on the above terms. purchasers shall fail to obtain such commitment within Such time that event, either party upon wPitten notice to each other shall have the right t- terminate this agreement, and upon receipt of the deposit paid Purchasers, this agreement shall be null and void, and parties to each other shall be terminated. $0. The Purchaser may have the dwelling inspected for termiteS~ boring inseets at his own cost and expense. Such inspection tO take place fifteen (15) da ys of'thc execution of this Contract. The Purchaser'S. attorne,y will notify the Seller's attorney, in wi-iting, of any termite damage ~r ration. The Seller .will then have the option of correcting the c,or~tt°n o~1 re- fun.diqg the down payment. In the event of such a refund, this contract will be considered null and void. 31. The Seller will provide a Certificate of Occupancy for the house and all improvements at or prior to thc, closing of title. 3,~, Th( premises are sold in what is commonly termed "as is condition", .x opt that thc Seller represents that the plumbing, heating, and electrical systems will be in working orders[ the tii-ne of the closing of title. 33. Thc parties understand and agree that the Purchase price'is for the hous and land and no separate consideration is being paid for thepersonal property items. O 34. It is understood and agreed that thc Purchaser shalI have the right to assign this ('ontract to Sanford ~'. tlanaucr and/or Sue Hanauer. party of the second part, t~ WITNESSETH, that the'~[l~l~ty of the first part, in cousideration of I ONE ($1.001 lawful money of the United States, and other good and lawful consideration .paid by the party of the second part, does hereby grant and release unto the party'of the second part, the heirs or successors and assigns of the par[y of the second part forever, ALL tl~at certain plot, piece or parcel of land, with the buildings and improvements thereon crux'ted, situate, lying and bcin~xl~e at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: B~GiNNING at a concrete monument set at the the subject premises and the intersection of the the easterly line of RUNNING THENCE North of Bokina 375+- feet Souadr corner of two rights of way now or formerly 45" ll' 2¢" West along lands now or to the ordinary high water mark"of Long Island THENCE easterly along the ordinary high water mark of Long Sound 210+- feet, THENCE South 44° 29' 40" East 360+- feet to lands now or formerly of Bokina, THENCE South 70° 20' 10" West 196.79 feet along lands now or formerly' of B0kina to the point or place of BEGINNING. SUBJECT TO the r~ght~ of way and easements described in conveyance s~multaneously made herewith to a/k/a Mary E. Murphy. SUBJECT TO a $60,000.00 first mortgage held by the Southo!d' B~nk, 54375 Main Road, $outhold, N~w York. Il971, on which the: clpal balance is now $~,834.96 which Robin A. Raeburn agrees to .pay and agrees to hold Mary glizabeth Murphy a/k/a Mary E. Murphy harmless against collection.. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with'the. land: (a) the rights of way and easements described in deeds re- -corded at the Suffolk County Clerk's Office at Libor 5648 page 177 and Libor 7259 page 381; (b) the rights of way and easements in the deed recorded at tile Suffolk County Clerk's Offic? at Libor 765~ Dag~ 202 and; (c) the right o~ way and easement to i~stall ~lectric telephone and ot~er utllit}es along agd in th~ aforesaid rights of w~y, together w~th ~he right to tap ~nto the existing electFi~ utility service runnlnq to the pr~mises to the west and runn~nq across the subject premises to 'the premises to the east, provided the party Qf the second [)art, her successors and assigns, install their own meter, pay the cost and expense of such tap' in, and obti. an necessary approvals from the utility company. SUBJECT TO an easement five (5') feet in width centered on existinq.':-.. utility s~rvices crossing the subject premises go~ng to the premises ?:- to the east for the purpose of installation and maintenance and use of all manner of utility services. (Saic~ easement may be relocated at the direction and expense of the owner of 'the burdened property provided there is no interruption of services EXHIE IT MAIN FIOAD $OUTHOLD. NEW yORK 11971 (5161 765-2269 MAIR ROAD CUTCHOGUE. NEW YORK 11~3S ~ (S15) 734'~661~7 LEWIS EDSON LICENSED BROKER P~rsonal Property: _linens ~tove refrigerator dishwasher gen. air 9rill compactor disposal w/d w/w carpeting c/a t.v.-2 alarm system smoke detector freezing warning beds- 3 dining rm. table chairs- 4 stools- 2 end tables- 2 all venetian blinds dishes pots & pans furnished as seen ~atware microwave oven ,radios water softner 23. Thi.~ contract may not ne (:hanged or cancclla] ev'ept in writing, contract shall also aplgv '~ ~l~'b~ the distributces~ heirs, ex~'ntors, administrators..*'.'~s, rs a.tl assigns of the res~t~ve purees F~ch of ~h~part~-e hereby authorize their attorncys to agree in writing to any changes m dates and tl~e imm da provided for '~:~]]~'.~ this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of thi~. ¢ontrac. t n~ty require 'it. See annexed Contract Rider In Presence 0{: ROBI By: Closing of title under the within contract is hereby adjourned to o'clock, at : title to be closed and alia as of 19 Dated, 19 For value received, the within contract a.d all thc right, title a,d i.h:rcst d thc purchaser thereunder ar,, assigned, transft:rred and ~t over unto · and said assignee her4y assumes all obligati<.,s ,,f ti.. i,urdtas,'r th,'reundm Dated.. 19 nntrad n! alr ROBIN A. RAEBURN SANFORD F. HANAUt]R ASSOCIATES, INC. CHICAGO TITLE INSURANCE COMPANY ~ssignea 0/Pnrda~r. PR i"M 151'iS GEORGE C. ST~IKEVI, CH .,%TTORNEY AT Y, AIN ROA~O SOUTIIOLD, I~EW YORK Zip Southold Town Board o£ Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS ~ Acting Chairman November 23, 1979 George C. Stankevich, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2609 Application of Robin A. Raeburn and another Dear Sir: Please be advised that the following resolution was adopted by this Board on November 15, 1979 regarding the above appeal: RESOLVED, that the matter of the application of Robin A. Raeburn and Mary Elizabeth Murphy, Appeal No. 2609, be recessed until the December 6, 1979 meeting of this Board. The time scheduled on this matter for the December 6, 1979 meeting is 7:55 P.M. Sincerely, Mrs. L.F. Kowalski Secretary 0 0 GEORGE C. STANKEVICH ATTORNEY AT LAW September 26, 1979 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Application of Raeburn & Murphy Gentlemen: Please find enclosed the requested copy of the deed at Liber 1154 page 366 regarding access to the subject premises. Thank you for your cooperation regarding this matter. i~ncerely y~urs, ~orge ~C. S~ankevich ~ GCS :kam Enclosure TI{IS INDE~TrURE, nade the twenty-fourth day o~ ~ineteen hundred ~d twenty-ff{~e, ~E~ ~0~ ~. DR~ ~d ~ w~fe, of Outcho~ue~ in the To~ of ~outhold, ~uffffolk ~ounty, parties of the first part, and SID~Y B. 8]~EOK, of 100 of ~attan, 0ity, County and ~tate of New Tork, party ef the WITt~SS~H, that the parties of the first part, in consideration ($1.00) Dollar, la~ul money of the United ~tates, paid by the ~rty second ~rt, do hereby gr~nt ~d release unt° the party of the second his heirs ~d assize forever. ~L that tract or parcel of land sit~te in the. Te~.~ ~outhold, Oounty of 9uffolk ~d ~tate of New Tork, beunded ~d as follows~ Beginning at a cement mon~ent set at the intereeetiem Easterly line of land of ~oseph Howe with the Northerly line ~f p~rties of the first part ~d running thence along said land of Howe North 44e 52' West a ~stance of ~84.0 feet threu~ · cement set near the top off the bank of Long Island 5o~d to high water Long Island ~ound; thenee north ~8e 40' East along high water Long Island 2ound ~2.8 feet to land of Louis Hec~n~ thenm& Fu~g south 45' 28, East along said land of touis Hec~- throu~ ~ ire~ set at or near the top of the b~k of Long Island 2ound a 327.0 feet to an iron bar set at the intersection of the we~terly land of Louis Hec~n, with the Northerly line of l~d of the ~rties first pa~ thence 2curb 70' 30~ West a diet.ce of 54~.~ feet to or place of beginning. Containing 2. 54~ acres. Together with all right, title and interest of the ~rties of the part in and to the beach and lands under water of tong Isled 5e~d of and adjacent to said premises. T~R with a right ~y passage on foot ~d with vehicles, twenty feet in width, point twenty feet East of the point of Beginning mhd ~nni~g west~ly along the northerly side of land ~f the parties of the first l~d of ~oseph Howe and thence tu~ing and running southerly si~e~ in width along the westerly side ~.'the l~nd of the parties of to the North Road. TOGETH~R with the appurtenances a~d all the estate a~d rights of the parties of the ~iret part in and to said premises. TO HA TO I{0LD the premises herein grante~ unto the party of the second part, heirs and assigns forever. And s~'id John J. Drum covenant aS follows: FIP~T. That said ~ohn ~. Drum -- seized of the said premises in fee al~ and has good right to convey the samel 2ECOND. That the patty'Of ~he shall premises are free from incu~braneeso FOURTH. That the parties of the first part will execttte or procure any further necessary~assurance of the title to said premises; FIi~TH. That said ~ohn ~. Dr~ will forever UAR~ the title to the said Praises; IN U~T~ES ~0F, the parties of the first part have here~to set their h~ds and seals the day and year first above written. In presence of ~0~ Y. DR~ L.~. Geo. ~. Ter~ ~RY DRUM State of New York, Oounty of 2uffolk ss: ~ the twenty-fourth ~ay of 0etcher, nineteen hundred ~d twenty-five, before me came ~ohn ~. Dr~ d'~ Dry, his wife, to me known to be the individuals described in, ~ ~ho executed, the foregoing instr~ent, and acknowledged that they executed he s~e. ~eo. ~. Terry Notary Public, ~folk Oounty, ~ Recorded 14 NOVember 1~25 ~ 11:03 A.~. THiS I~U~, ~de the 28th d~ of October, nineteen hundred ~ O~IE E. ~ of Syosset, Nassau Oo~ty, New Yerk, first ~rt, a~d ~T~ C~U~OE and ~y 0~OE, his wife, ,.~e.~rt2 ~ the first part. in consideration of Ten (10) Dollars, ~oney of the ~ted ~tates~ ~d other good and valuable considerations, ~ld ~ the part,es of the second part, .~Oes hereby grant and release unto m .~ee. of the second part, their heirs arid as~l~ns forever. ~ those certain lots,of g~und ~At~ate, ly~ ~d being ~he ~llage of ~tt~ille, Suffolk 0ounty, New York, kn~n and dis~i~shed plot~ n~bers ~tghty-eight (88) ~d ~i~hty nine (89) on a certain ~p ~it~e~. '~p of property o~ 0arrie ~. Cornell, situate in th~. Village of ~Alle~ 5~felk Co~ty, New T0rk, ~de by E.B. ~a~is, ~u~ey~, 1920.~ ~ffolk 0o~ht~ 01erk's ~fice on October 9, 1920, as ~ . 7~. - T~ $ith the appurten~ces a~ all the estate ~d par~ in ~d to said Praises. TO ~ ~ TO the ~rties of the ascend ~rt,;theA~ GEORGE C. STANICEVICH ATTORNEY AT LAW' August 30, 1979 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of Raeburn & Murphy Dear Sirs: Regarding the above-entitled New York Town Law ~280(a) application, please find enclosed: (a) application in triplicate (b) exhibits (c) notice to adjoining property owners, with certified mail receipts (d) a $15.00 application fee Note that this minor subdivision is being com- pleted by the Planning Board and results from a Suffolk County Supreme Court partition order. Thank you for your cooperation regarding this matter. GCS:kam Enclosures ~%~an~k ~e 1 y yours~ ; 0 O JUDITH T. TERRY TOWN CLERK R~GISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 12, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town C~erk Transmitted herewith is Appeal No. 2609, application of George C. Stankevich, Esq. for Robin A. Raeburn & Mary Elizabeth Murphy, a/k/a Mary E. Murpy. Also included is notifice to the following adjoining property owners: Mr. & Mrs. Freeman L. Parr, Mrs. Jenny Bokina, Baxter ~roperties, Inc. __[OWN OF SOUT~NEW YORK APPEAL FROM DECISIOI'4 OF BUILDING NSPFCTOR APPEAL.NO, D^TE ....... TO THE ZONING BOARD OF APPEALS, TO.~VN OF~SOU~HOLD, N. Y , / _ (~eorge C. S~anKevlc~, ~,;sq. ~or ;(oDln '~. RaeD~rn & Mary ~llz,aDet~ n. .... .................... Nome of Appellant Street and Number ~louthold~ New York NFEFRY APPEL TO MunicipQlity Stere THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY 'THE BUILDING INSPECTOR DENIED TO Robin A. Raeburn and ~arvElizabeth ~"uroh,~ a/k/a ~arv E. ~uroh¥ Name of Applicant for permit of (['ln ~) Bridge Lane, Ext. Cutchogue t.,!.e.~z..~.~.~!',-. ........................................................... ........... State Street and Number -( I PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) F.e~,, York mov,n L~w §28~(a) ~' Bridge Lane Ext., C, utchogue, New York I LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Mop 100 O- q 73- 002- 003 "A-Agricultural/Res identia L Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not auote the Ordinance.) $outhold Town Code (Zoning) §100-31, Ne~,~ York To~4n Law §280 (a) 3. TYPE OF APPEAL Appeal is made herewith for I ) A VARIANCE to the Zoning Ordinance or Zoning Map (×) A VARIANCE doe to lack of access (Stat'e of New York Town Law Chap. 62 Cons. Laws Art. ~6 Sec. 280A'Subsection 3 4 PRE~IOUS APPEAL A previous appee thas) (has not),been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ! request for a special Derm~ ( ) request for a variance and was mode in Appeal No .............................. Dated ...................................................................... ['~,one. REASON FOR APPEAL (x) A Variance to Section 280A 5uosection 3 ( ) A Vormnce to the Zoning Ordinance ( ) is requested 'for the reason that premises ]acks frontage on a mown (Public) road. Fm3n (Continue on other side) 'REASON r-OR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultiesor unneces- sary HARDSHIP becau~ : (a) the orooosed three lot minor subd~Visio~ exceeds all zoning, subdivision, an~ olanning requirements, except it lacks frontage on a Town (ouhlic; road; (b) the subject premises is serviced by a deeded and long-existing 16 foot and 20 foot right- oF-wav to Oreqon Road and Bridge Lane; (c) the deeded rights-of-way have been long used by the house on the subiect premises and other surrounding houses; (d) the bulk of the surrounding land ~s undev- .eloped with no indication of change for the foreseeable future, thus ruling out the grosoect of the availability of a Tov'n (oublic; road to service these premises. 2. The hardshipcreatedis UNIQUE andisnotshared by all properties ali~ in the immediate vicin,ty ofthis property and in this use district because: (a) the minor subdivision of this property was necessitated bv the oartition order of Hon. Paul J. Baislev, Justice, in the Fupreme Court of the State of-New York, County of Suffolk, in the gartition action between Robin A. Raeburn and ~ary Elizabeth Murohy on August 17, i978, and the deeds effectuating such were recorded in the Suffolk County Clerk's Office at Libe~ 8482 oage 222, Liber 8482 page R26, and Liber 8483 oage 61. 3. The Voriance would observe the spirit of the Ordinance and WOULD NO~ CHANGE THE CHARACTER OF 1:HE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) for Robin A. Raeburn & ~ary Elizabet ~ Sworn to ti]is ........... : BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ROBIN A. P,~BURN & ~L~RY ELIZABETH : MURPHY a/k/a ~ARY E. MURPHY : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Freeman L. Parr Mrs. Jenny Bokina ~.. , Baxter Properties, Inc. NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: Approval of access, New York Town Law ~280 (a) ). 2. That the property which is the subject of the Peti~tion is located a.djacent to your_orgpert_v a~4 is des- cribeda~follows: nortl~ by Long Island Souna, east by ~arr, soutl~ ]~y ~oKlna, west by 3. That the I~roperty which s the subject of such. Petition is located in the following zoning district: "A-Agricul tural/Re sidentlal" 4. That by such Petition, the undersigned will request the following relief: access, New York Town Law S280(a) Approval of That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: New York Town Law §280 (a) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. /~ Dated: August~O , 1979.. C (, ......... GEORGE C. STANKEVICH, ESQ. as re~l~rattorneyfor ROBIN A. RAEBURN & ELIZABE~n~PHY a/k/a MARY E. Post Office Address (No Number) Main Road Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS and Mrs. Freeman L. Parr 14 Charles Street Hicksville, New York Mrs. Jenny Bokina Baxter Properties, Inc. (No Number) Oregon Road Box 150 Cutchogue, New York Elijah's Lane Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: KATHY A. MAZZAFERRO , residing at 437 Fifth Street, Greenport, New York 11944 , being duly sworn, deposes and says that on the ~ day of August ,19 79 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this ~ AJ~HY A~f~ ~r-~g gA~R~ ~j REOEIPT:I~oR CERTIFIED NOT FOR iN~N~TIONAL MAIL: ~enny Bokina [~f4~ ~o. sox NY 11935 , No. .~b._ F ,G RECEIPT FO,q .CERTIFIED MA,L NO INSURANCE COVERRGE FROVI~[I)~ NOT FOR IN~R~TiON~L ~AIL (See Reve,se) [~- T~' Properties ~c. ~saxter Lane =NY 11952 RECEIPT FOR CERTIFIED MAIL NO tNSURAIiCE COVEI~GE NOT FOR ~TE~TI~L ~See Re~rse) ~ ~ Freema~ L ~r~rs 14 Charles Street ~cksville, NY 11801 MAIN ROAD SOUTHOLDo N. 1'. 11971 (,518) 76~S-$838 GEORGE C. STANKEVICH ATTORNEY AT LAW February 23, 1979 Mrs. Huriel Brush, Secretary Southold To~nPlanning Board Southo~d Town Hall Fuain Road South01d, Ne~York 11971 Re: Murphy/Raeburn Application for Minor Subdivision Dear Mrs. Brushl A partition proceeding was held concerning the subject property in Trial Term, Part III of the Supreme Court last s,-~reer. After much litigation, a Stipuhtionwas entered, dividing this proper~y of two [2] parcels into three [3] parcels. The Stipulation was confirmed by Court order, Since this Court-ordered division appears to be a subdivision under Southold Code §t106-13, enclosed please find the following: (a) Application for approval of minor subdivision. (b) Six [6] preliminary plat maps. (c) A $30.00 check in payment of your fees. (d) Copy of Stipulation of August 16, 1978. (d) Certified Settlement Order confirming the Stipulation. GCS/hg ~nclosures cc: Hs. HaryMurphy Ms. Robin Raeburn Thank you for your cooperation re~dlng this matter. //{S~rely yours,~. ~ ~eorge C. Stankevich At a trial term, Part III of the Supreme Court of the State of New York, held in and for the County'of Suffolk at Veterans Memorial Highway, Haup~uge, New York 11787, on the/~day of August, 1978. '! PRESENT HON. PAUL J. BAISLEY Justice SUPRE~ COURT OF THE STATE OF NE~g YORK COUNTY OF SUFFOLK ROBIN A. RAEBURN, -against- MARY ELIZABETH MURPHY, Plaintiff, x / INDEX ~76-9212 ACTION ~1 } Defendant. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK MARY ELIZABETH MURPHY, Plaintiff, ,-against- ROBIN A. RAEBU~ Defendant. SETTLEW~NT ORDER INDEX #77-20158~ ACTION #2 The issues in the above entitled actions having duly come on for trial before Mr. Justice Paul J. Baisley, without a jury, at a trial term, Part III, of this Court held at the Courthouse thereof, located at Veterans Memorial Highway, Hauppauge, New York 117~7, on the 10th, llth, and 12th days of July, 197.~, and ROBIN A. RAEBUR'~ having.appeared by her attorney,- George C. Stankevich, Esq., and MARY ELIZ.ABETH HURPiIY having appeared by her attorney, Richard J. Brickwedde, Esq. who with- drew from representing said client with permission of the Court, and Edgar Hills, Esq. having appeared and having 'been subs'tituted as attorney for MARY ELIZABETH MURPHY, and the parties and their attorneys havino a~peared i_n r,~en Court on ~um~s~'- ].6, !97R and at that said time and place having entered ~nto a Stipulation of Settlement on the record, NOW, on motion of George C. Stankevich, Esq., attorne~ ,l for ROBIN A: RAEBUP~N, it is ORDERED, that this action is settled and discontinued with prejudice but without costs, disbursenents, interest, or attorneys' fees being assessed against any party~Tu~VVrrbO ~ COUNTY CLERK'S OFFICE STATE OF NEW YORK ~ SS.: COUNTY OF SUFFOLK I, ARTHUR j. FELICE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed/.~th the original .(~...~..~.~ FILED i" ~- office...~...~....~, t...J...~..~..j~. ....... '. and, that the same is a true copy thereof, and of the whole of such original, In Testimony Whereof, I have hereunto 's,et my hand and affixed the seal of said Countv and Court th~ ~l~'/'~J--- ~J~ --~ . /~ ,~ - ir2 .Z_Z/ ......... ......... TOW~ OF SO~THOLD, NEW YORK Appeal No. ACTION OF THE ZON~G BOAKD OF APPEALS 2609 Dated September 12, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George C. Stankevich, Esq. for Robin A. Raeburn and Mary Elizabeth Murphy Main Road, Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on January 17, was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1980 the appeal 1. ~ll~l~lt~tttl~.XBy resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed b~a~ October 11, 1979: 8:35 P.M. (D.S.T.) Upon application of Robin A. Raeburn and Mary Elizabeth Murphy, by George C. Stanke- vich, Esq., Main Road, Southold, New York, for a Variance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. / 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the sm'ne use district because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 APPROVED ZONING BOARD OF APPEALS After invest~gatiQn ~nd inspection, the Board finds that the appli- cants have requested approval of access to lots located near Long Island Sound, and heretofore approved as a minor subdivision by the Planning Board on October 18, 1979. The lots shown on the subdivision map have access to the nearest public highway, namely, Bridge Lane Extension, at its intersection with Oregon Road over a 16-foot right-of-way. However, upon examination of the site, the Board found that said right-of-way is not open and unobstructed throughout its entire length. It is obstructed by a barn and house at the southerly end within 200 feet of Oregon Road. The Board also found that there exists a 20-foot right-of-way immediately west of the above-mentioned 16-foot right-of-way. The Board believes that if the applicants can obtain the right to use the 20-foot right-of-way in the area in which the 16-foot right-of-way is obstructed by buildings that the combined use of the right-of-ways in the area where obstructions are located would afford applicants adequate access to the lots in question. The Board finds that the circumstances present in this case are unique and that strict application of the applicable laws would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. it was , seconded by Mr. RESOLVED, that ROBIN.A. RAEBURN and MARY ELIZABETH MURPHY by George C. Stankevich, Esq., Main Road, Southold, New York 11971, BE GRANTED approval of access, New York Town Law, Section 280A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicants obtain the legal right to use the 20-foot right-of-way lying to the west of the 16-foot right-of-way for a distance commencing at the northerly line of Oregon Road and extending northerly a distance of approximately 200 feet to a point north of the existing barn and/or house encroachments of the 16-foot right-of-way. 2. That the applicants file with this Board an instrument grant- ing applicants the riqht to use that portion of the above-mentioned 20-foot right-of-way ~escribed above. 3. That the right-of-way be suitably improved in accordance with the requirements of this Board adopted on March 22, 1979. 4. That approval and/or recommendations of the Suffolk County Planning Commission be obtained pursuant to Section 1332 of the Suffolk County Charter. 5. That approval and/or recommendations of the Southold Town Planning Board be obtained regarding the use of that portion of the above-mentioned 20-foot right-of-way described above. Location of property: Bridge Lane Extension, Cutchogue; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. County Tax Map Item Nos. 1000-073-002-003 and part of 1000-073-002-002. Vote of the Board: Ayes: Messrs. APPROVED * * . Chairman Board of APpeal] ~ ~H~IND~R~made the ~3~h day o{ September, moeteen hundred and seventy-two BE~N ~Y ELIZABETH ~P~, mesiding at 2~ Eas2 Ton2h ~ ~ ~ew Yo~k, 'Ne~ York 1000~, residing at 25 East Tenth St,New York,N.Y. of the first part, and MARY ELIZABETH MURPHY/and ROBIN A. P~EBURN resid- ing at 163 Garfield Street, Haworth, New Jersey 07641, as Joint tenants with right of survivorship and not as tenants in common, party of th~ second part, paid by the party of the second part, does nereoy grant anu 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 Outchogue,: County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the point where the ordinary high water mark of Lbng Island Sound is intersected by the division line between lands now or formerly of Harold R. Reeve and lands now or f o~erly of Vincent Bokina; thence easterly along the ordinary high wa~ter mark of Long Island Sound to a point distant f~om the point of beginning 255'46 feet, measured along a tie line having a bearing of North 72° 54' 50" East; thence South 45° 05' 50" East 347.00 feet to land now or-formerly of Vincent Bokina; thence along ~said last mentione~ land the following two courses and distances: (1) South 70° 20' 10" West 249.09 feet; and (2) North 45° ll' 20" West 360 feet to the ordinary high watex· mark of Long Island Sound at the point or place of beginni - TOGETHER with all rights of way appurtenant to said promises, which are more particularly described in deed to party of the first part recorded in 5648 cp 177. TOGETI1ER with all right, title and interest, if an),, of the party of the first part iu and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtcuances 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 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 tbe said premises have been encumbered in any way whatever, except as aforesakl. the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the part)' el: .the first part will receive the consideration for this conveyance and will hokl the right to receR'e such conskl- eratlon 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 ~'tyment of the cost of the improvement before rising any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" ~'henever the sense o[ this iudenture so requires. IN WITNESS WHEREOF, the party of the first part has duly ex~uted this deed the day and year first above written. MARY ELIZABETH W. JRPHY / ~ - ........................ ($1.oo)- - ~, ~1) ~, ?0~20,,10. Wes~ 2~9,09 fee~; i!~i~h~ ~f way six-~eea fee: wl~e ~ve~ lamas of She said ~l~ea% Bmkima .-~'~- ~ CONSULT YOUR LAWYER BEFORE SIGNING THIS IN ~E NT o THIS IHSTRUMENT SHOULD EE USED BY LAWYERS ONLY ~ ' - ,i'neteen'hund red THIS INDENTURE, madethe ' , BETWEEN b~RY ELIZABETH MURPHY a/k/a _MARY E. MURPHY, residing at New~Y~r-k and ROBIN A. RAEBURN, residing at (No Number) Bridge Lane, Cutchogue, New York 11935, of the first part, and ROBIN A. RAEBURN, residing at (No Number) Cutchogue, New York 11935, party of the second part, WITNE$SETH, that the party of the first part, in consideration of ONE ($1.00) .......................... 7 .......... ~ ............. ~ollars, lawf~ mon~ Of the United States, and other good and lawful consideration by ~e ~rty o{ the second ~rt, d~s hereby ~ant ~d r~ease unto the ~rty of the second part~ ~e hei~ or successors and assigns of the parW o{ ~e second ~ forever, ALL th~ ceftin ~, ~e or ~rc~ of land, with the buildings and improvemen~ thereon er~t~, sit~, lying andbeing"~i:a~ at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at a concrete monument set at the southwesterly corner of the subject premises and the xntersectxO of the northerly line and the easterly line of two rights of way now or formerly of Bokina, RUNNING THENCE North 45° 11' 20" West along lands now or formerly of Bokina 375~- feet to the ordinary high water mark of Long Island Sound, THENCE easterly along the ordinary high water mark of Long Island Sound 2~0+- feet, THENCE South 44~ 29' 40" East 360+- feet to lands now or formerly of Bokina, THENCE South 70° 20' 10" West 196.79 feet along lands now or formerly of Bokina to the point or place of BEGINNING. SUBJECT TO the rights of way and easements described in a deed and conveyance simultaneously made herewith to Mary Elizabeth Murphy a/k/a Mary E. Murphy. SUBJECT TO a $60,000.00 first mortgage held by the Southold Savings Bank, 54375 Main Road, $outhold, New York. Il971, on which the prin- cipal balance is now ~6,834.96 which Robxn A. Raeburn agrees to pay and agrees to hold Mary Elizabeth Murphy a/k/a Mary E. Murphy aarr~less against collection. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with the kand: (a) the rights of way and easements described in deeds re- corded at the. Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in I the deed recorded at the Suffolk County Clerk's office at Liber 7658 page 202 and; (c) the right of way and easement to install electric telephone and other utilities along and in the aforesaid rights of way, together with the right to tap into the existing electric utility service running to the pr~mises to-the west and running across the subject gremises to ~he pr~mises to the east, provided the party of the s~con~ part, her successors and assigns, install their own meter, pay the cost and expense of such tap in, and obtian necessary approvals from the utility company. SUBJECT TO an easement five (5') feet in width centered on existing utility services crossing the subject premises going to the premises to the east for the purpose of installation and maintenance and use of all manner of utility services. (Sai~ easement may be relocated at the direction and expense of the owner of the burdened property provided there is no interruption of service~ CONSULT YOUR LAWYER BEI:ORI SIGNING THIS INSTRUMINT -THIS IN INT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of l, larch , nineteen hundred and seventy-nine BETWEEN I.~RY ?.LIZAo:, Ftl' ..~-, ' ~ tt,..p,~ v~ a/k/a MARY E, }~'v-.P.-~x', resJdi~: at 25 East 10th Street, ~sev. Vork, ?~tn~ ~:tork and ]~OBI'! A. v -' . residin~ at (No number) grid~ia Lane~ Cutcho~zue, Mew York 11 3~, party of the first part, and I,'OBI~.~ A. RAEBUR?I, residin? at (Ho number) Brid~e Lane, Cutcbo.~ue, New York 11.035, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, docs hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, /S~Lk that~ c~rtafinxplat,~i~e~or~p~'c~t eft land, :~'ith the'cb~ildin~ ~mtt impxo*emer~ zhereon ~r~t~,~i~, I~ ~d,&~i~th~ h RIGHT-OF-~'~AY over that certain parcel of land d~scribed ~n a deed recorded at the Suffolk County Clerk's Office at Liber 8482 Page 226, said parcel lying and bein~ at Cutchogue, To~ of Southold, County of Suffolk, State of New York~ said right-of-way being more particularly bounded and described as follows: BECIi~IHG at a ~oint 150.00 feet running South 70~ 20' 10" West along the northerl~z ~ne of lands now or fo~erly of Bok~na from the southwesterly corner of lands now or fo~erly of ~arr; RUNNING T!IENCE South 70~ 20' 10" West 97.70 feet alon~ lands now or fo~er!y of Bokim~; THENCE North 19~ 43' 50" West for a distance of 20 feet; THENCE North 70~ 20' lO" East for a distance of 88.47 feet; TI{ENCE South 44~ 22' 40" East for a distance o~ 22.03 feet to the point or'place of BECIf~i~INg. with all ri ht t t e and interest if any, of the party of the first part in and to any streets and TOGETHE. R - g, ' '-- ' ....... ~..*~ ~;.-~s thereof' TOGETHER with the appurtenances HOLD thc premises herein granted unto the party of the second part, the he,rs or snccessors anti assign: o~ 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 auythlng whereby the said premises have been encumbered in an)' way whatever, except as aforesaid. AN ) thc party of the first part, in compliance with Section 13 of th.c.' Lien Law. covenants that the part)' of thc first part still receive the consideration for this conveyance and wd! hoht the'right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply thc same first to thc payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "part)"' shall be construed as if it read "parties" whenever the sense of this ndentsre so requires. IN WITNESS WHEREOF, the party of the first part bas duly executed this deed the day and year first above written. IN PRESENCE OF: :,LI-.\P,;, ,~IA~Y ~ v r.m ~ !.Ri~P~tY a/k/a 3,~OBIbI A. RAEBURi~ AS CRANTt)R & .\b GI~At~ C::~, ON ASSLI~PT1Oii ~'~ ~H~I~DE~R~ made the 13th day of September, nineteen hundred aad soven~y-two ~,~ BE~N ~XRY ELIZABETH ~PHTf~ New York, New York 10003, party of the first part, and residing at 25 East Tenth St,New York,N.Y. MARY ELIZABETH lffURPHY/snd ROBIN A. RAEBURN res~d- ing at 163 Garfield Street, Haworbh, New Jersey 07641, as joint tenanks with richb 'of survivorship and not as tenants .in common, WITN~ET~, tMt the party of the first par'lin cons,de~tto~ of Te~+?~t~ ~e~c~s[~r~ paid by the ~y of the second part, does hereoy grant aha release umu ~-~ p~-,~ r- , or successors and assi~s of the party of the second part forever, ' Ail- that certain ~o~ piece or pared of land, with t~ buildi~s a~ improvements t~reon ere~ed, situate, lying and being in the Town of Southold, at Cutchogue,~ County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the point where the ordinary high water mark of Long Island Sound is intersected by the division line between lands now or formerly of Harold R. Reeve and lands now or f o~mePly of Vincent Bokina; thence easterly along the ordinary high water mark of Long Island Sound to a point distant f~om the point of beginning 255.46 feet, measured along a tie line h~viDg a bearing of North 72~ 54' 50" East; thence South 45° 05' 50" East 347°00 feet to land now or formerly of Vincent Bokina; thence along said last mentioned land the following two courses and distances: (1) South 70° 20' 10" West 249.09 feet; and (2) No~th 45° !l~ 20" West 360 feet to the ordinary high water mark of Long Island Sound at the point or place of beginnin~ TOGETHER with all r~.ghts of way appurtenant to said p~emises, which are more particularly described in deed to party of the first part recorded in ~648 cp 177. TOGETHER with all right, title aud interest, if any, of the party of the first part in and to any streots and roads ahntting tfie above described preu,ises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rigfits of the party of the first part in and to said premises; TO HA. VE z%ND TO }IOLD the premises hercln granted ,,into the party of the second part, the heirs or successors and assigns of ,fie party of ,fie seemed part forever. AND-the party of the first part covenants tlmt 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 ,'he party of the first part, lo compliance with Section 13 o£ the Lien Law. covenants that the part). the first part wil cr. eceive the consideration for th s co weyance a~,cl will ho!d the right to receive such consid- eration as a trust trod to be applied first {or the purpo~;e of paving thc cost of the improvement and will apply ,fie same first to the pavmeut of ,fie cost of the in,provement ~efore t, slng auv part of ,fie total of the sanre any other purpose. The word "txarty" shall be constrned as if it read "parties" whenever the sense of this indenture so requires. IN WlTNF--.{~ WHEREOF, tfie part)' of the first part has duly executed this deed tfie da)' and )'ear first above 0 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS THIS INDENTURE, made thc 14th BE'rW~.I~N ~yof June IN(~UMENT SHOULD BE USED ny LAWYERS BAXTER PROPERTIES, INC., office and principal place of business at · ninet~n hundred and Seventy- Four a domestic corporation with (no number) (no number) Bridge Lane, Cutchogue, New York 11935, as tenants in co~qton, party of the second part, WITNF_..~"FH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingZillXlm( North of Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a cement monument set at the intersection of the easterly line of land of Harold R. Reeve, Sr., with the northerly line of land of Vincent Bokina, said point of beginning being where the southwesterly corner of premises herein described intersects the southeasterly corner of land of Harold R. Reeve, Sr.; running thence from said point of beginning North 45° 05' 50" West along the easterly line of land of Harold R. Reeve, Sr., and through a cement monument set near the top of the bank of Long Island Sound 347 feet to the ordinary highwater mark of Long Islan{ 'Sound; thence northeasterly along the ordinary highwater mark of Long Island Sound to land of Parr, the tie line bearing North 76~ 34' 40" East a distance of 266.87 feet; thence South 44~ 29' 40" East along the westerly line of land of Parr through an iron pipe set at or near the top of the bank of Long Island Sound a distance of 313 feet to an iron pipe set at the intersection of the westerly line of land of Parr with the Northerly line of land of Vincent Bokina; thence South 70° 16' 10" West along the northerly line of land of Vincent Bokina 247.70 feet to the cement monument set at the point or place of beginning. TOGETHER with a right'of-way for passage on foot and with vehicles 20 feet in width standing from a point 20 feet east of tho. point of beginning, and running westerly along the northerly side of land of Vincent Bokina adjoining land of Harold R. Reeve, Sr., ~nd~thence turning, and running souther, ly 16 feet~in width along th.- ana of Vincent BoKina to the Oregon (North) Roa~. TOGETIIER with all right, title and interest, if an),, of the party of the first part in and to any stre~s and roads ahuttlng the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the part)' of the first part in and to said premises; 'FO }I/%VE AND TO }lOLl) the premises herein granted onto the party of the second part, the heirs or successors and assigns of the party of the second part forever. THIS CONVEYANCE is made d-aring the regular course of business of the grantor herei eund does not constitute all or substantially all of the - ~ of said corporaticn AND the part), of the first par~ covenants that the party of the first part has not doue or suffered anything whereby the said ,premises have been encumbered in any way whatever, except as aforesaid. AND the Ixart)' of the first part, in compliance with Section 1.3 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 eonsid- eratlon as a trnst fired to be applied first for ~he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before rising an)' lxart of the total of the same for an)' other purpose. . The word "lxart)"' shall be constmted as if it read "parties" whenever the sense of this indenture s? reqmres. IN WITNESS WHF. REOF, the party of the first part has duly executed this deed the day and )'ear first above BY: Willi"aml '~. Baxter ~ Pre s~ de Elijah's Lane, partyofthefirstpart, and MARY E. MURPHY and ROBIN A. RAEBURN, residing at Mattituck, New York 11952 SUPREME COURT OF THE STATE OF NE%~ YORK ~OUNTY OF SUFFOLK !~ x ROBIN A. RAEBURN, Plaintiff agaills t - ~RY ELIZABETH MURPHY, !i Defendan~ Ind. #76-9212 RY ELIZABETH MURPHY, Plaintiff - against - ~kOBI. N A. RAEBURN, : Ind. : #77020158 ~EFORE: Defendant Hamppauge, New York August 16, 1978 HON. PAI~ J. BAISLEY, Justice O O ............... l~'-~TA-NKEV~CR~ -it ~ hereby stipulated and agreed by and between the parties to the above actions and theE: respective attorneys that the same shall be settled as follows: (l) The survey dated November 3, 1972, made by Roderick Van Tuy1 shall be marked as Exhibit X and annexe~ to this stipulation, and the easterly lot designated Lot N,,ml, er C, having approximate dimensions 155 plus-minus feet on Long Island Sound, 150 feet on a right-of-way, 313 feet on the easterly side, and 330 feet on the westerly side, shall be deeded by the parties solely to and in the name of Mary Elizabeth Murphy, together w~th the followin§ rights-of-way: (A) A right-of-way a urtenant to the premises ~hich are more particular described in the deed recorded at the Suffolk County ~lerk'$ office at Liber 5648, cp 177~ and (B) a right-of- way designated in the deed recorded at the Suffolk County ~lerk's office at Liber 7658, Page 202; and a ~ight-of-way and utility easement to bring electric and telephone service into the subject premises from the North Road, and the right to use the existing service as installed through property located to the west, with the provision that Mary Elizabeth Murphy or her successors and assigns would have to pay for any additional installation of meters or Lilco tap-in expenses. (2) The westerly lots 8hovm as Lots A and B on the ~ubJect survey, and ~fnich represent the balance of the property subject to l£ti§ation, shall be deeded by the parties to Robin A. Raeburn, subject to the rights-of way mentioned above. (3) The conveyences mentioned above shall be free and clear without any encumbrances, Judgements, or other impediments of title, except a Southold Savings Bsnkmortga§e w£th a face value of $60,000, on which there is an approximate balance of $57,000. (4) Robin A. Raeburn assumes the full payment of the subject Southold SavinEs Bank mortgage and shall hold Mary Elizabeth Murphy harmless a§ainst same. (5) Robin A. Raeburn shall pay Mary Elizabeth Murphy $2,500. (6) Robin A. Raeburn shall apply for and pay for all To. of Southold approvals necessary to approve the division herein provided for. Robin A. Raeburn shall select the attorney and surveyor and planners to undertake such, and shall be responsible and pay their fees, including any litiEation expenses or fees. Both parties shall si~n all necessaz7 documents and applications t° facilitate the above. Both attorneys shall be §t~en irrevocable powers of attorney to execute such documents in th~ absence of their clients. If necessary approvals are unobtainable or Iici§etlon is adverse to the parties, then the parties shall be returned to their original post:ton, and this stipulation shall be null and void. (7) The parties shall return to this court at 2:00 p.m. August 17, 1978, in order to execute necessary deeds, power~ of attorney, and make payments herein provided for. (8) These actions shall be discontinued with prejudice but without costs, disbursements, or attorneys'i fees beinE assessed against any party. (9) The parties agree that the value of the lot deeded to Mary Elizabeth Murphy is $60,000. (10) In the event of default, parties have the ri§hr to return to this court to obtain an enforcement decree or order. (11) The parties~agree to execute all documents necessary to effectuate this stipulation. (12) This stipulation represents a settlement of the respective cl~£ms of the parties as asserted in these litigations, and no further claims shall be made by either of the parties as against each other for any of the claims involved in these litigations. (13) All sides shall be furnished with copies of all com--,nications, documents, applications, and other papers regarding subdivision approvals. THE COURT: I understand you gentlemen have agreed on a stipula:ion that's already been put on the record. it read to MR. STANXEVICH: Yes, sir. And we would like the clients. THE COURT: All right. I'd ask both you ladies to listen to the stipulation as it's read. And then you will puc your cl£enCs on the stand. MR. HILLS: Yes, we intend to do that. (Whereupon the above stipulation was read [[ by the Reporter to the Court, counsel, and the parties.) .MARY ELIZABETH Mbq{PHY, 25 East 10th Street, New York, New York 10003, called as a witness in her own behalf, having been first duly sworn, testified as follows: BY MR. HILLS: EXAMINATION ............................ CONSULT~OIJ[LAWY~R S[F~I~ SIGNING THIS INSTRUMeNT-THIS INSTRUMENT SHOULO ~E USeD 3Y LAWYERS ONL? LI~ER THIS INDENTURE, made the //day of August , nineteen hundred and seventy-eight rzq3~ R0 MARY ELIZABETH MURPHY a/k/a MARY E. MURPHY, residing at w~s~ Hi~l~ Dr~e, S&uc=a~se, New York and ROBIN A. RAEBURN, ~residing at (No Number) B.ridge Lane, party of the first part, and ROBIN A. Cutchogue, New York 11935, party of the second part, Cutchogue, New York 11935, RAEBURN, residing at (No Number) ! WITNF.~SETH, that the party of the first part, in consideration of ONE ($1.00) ..................................... ~ ............. 4olla~. Bridge Lane, ,'~'~"' ... ?, '_'. :.: ;:. :'~:.:;: ;,US ,'-8 !518 C(20~.4';'Y _ lawful money of the United States, and other good and lawful consideration paid by the party of the second part, does hereby grant and release unto the party of the second par~, the heirs or successors and assigns of the party of the second part forever, ALl- that certain plot, piece or parcel of hnd, with the buildings and improvements thereon erected, situate, lying andbeinffimfla~at Cutchogue, Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at the southeasterly corner of the subject premises and the southwesterly corner of premises simultaneously conveyed to Mary Elizabeth Murphy a/k/a Mary E. Murphy, said point of beginning being 150.00 feet running South 70° 20' 10" West along the northerly line of lands now or formerly of Bokina from the southwesterly corner of Lands now or'formerly of Parr, RUNNING THENCE South 70° 20' 10" West 150.00 feet along lands now or formerly of Bokina, THENCE North 44° 29' 40" West 360+- feet to the ordinary high water mark of Long Island Sound, THENCE in a easterly direction along the ordinary high water mark of Long Island Sound 155+- feet, THENCE South 44° 29' 40" East 350+- feet to the point or place of BEGINNING. SUBJECT TO the rights of way and easements described in a deed and conveyance simultaneously made herewith to Mary Elizabeth Murphy a/k/ Mary E. Murphy. SUBJECT TO a $60,000.00 first mortgage held by the Southold Savings Bank, 54375 Ma~n Road, Southold, New York 11971, on which the prin- cipal balance ls now ~,834.96 which Robin A. Raeburn agrees to pay and agrees to hold Mary Elizabeth Murphy a/k/a Mary E. Murphy harmless against collection. TOGETHER WITH the following perpetual rights of way and easements which shall be appurtenant to the subject premises and run with the land: (a) the rights of way and easements described in deeds re- corded at the Suffolk County Clerk's Office at Liber 5648 page 177 and Liber 7259 page 381; (b) the rights of way and easements in the deed recorded at the Suffolk County Clerk's Office at Liber 7658 page 202 and; (c) the right of way and easement to install / ~lectric te].epkone and other utilities along and in the aforesaid · ights of way, together with the right to tap into the existing electric utility service running to the premises to the west and running across the subject premises to the premises to the east, ~rovided the party of the second part, her successors and assigns, install their own meter, pay the cost and .expense of such tap in, and obtain necessary approvals from the utility company. ;UBJECT TO an easement five (5') feet in width centered on existing lti!ity services crossinq the subject premises going to the premises ~o the east for the purpose of installation and maintenance and use of all manner of utility services. (Said easement may be relocated at the direction and expense of the owner of the burdened property )rovided there is no interruption of service.) / / / / THIS INDENTURE ' '' ' .-, I_.,~ ~,. ~ILL.(.;, ~r ......... ~ .......... ~ ......, ..,~ ~,i , ,.o h o ,' ..'W N SS~H, that ~e p~rty of the first part, in consideration o{ Uric (.~_,~ - ..of the second p~, does hereby ~ant and release unto the par~ of ~e s~nd pa~, ~,i:' that-tract cr u, arcel of. Ion,, ~,,t in .._ Tcu'n ol ofl;uffblk, State of ;'~"~ v -,. ~, ' ':'~c -' ' al~ }.l'Oll'!'~'~ ~C~ ~2 th2 ~ '~-'~"~ ~ ' '''' ' now or f'orm~_~ly of J. J.-Drm:~; thence so~hh 70 c]u.~l~.e~-... '~ minutes wost'alon;~ [h~ not.Lowly ]L.~ o:' l~nd. now o:' for:n~rly of a distance of 100 f~et; r ,- ,'. '' - ~ ..... ' · Lb-r- -. ' -;wcst~ t~.the high. water ma~k of Lorn: =~1 ..... ,c'o'" ....... ? Lo.*! ~' ~grees 40 minutes east alone.the ~i~h ~atea mar~ c:' ~,~ isL.r,d go'ann ~e.es 2~ minutes:~ast along said lax~d no;v or ~o.._~ 1~ c. ~,,~. ' ~ ~.,(. top ~,.~' ~.. of )u=h, ~n iron bar ~t at or nea~r *~ , of '~ ,, v ~ ,~ fcc~ mcrccr lc, ss to th,: poLn: o:. '.,f~Lon~, Is and ~otF~d a distcnce :01% '~ ,,(~ pla6~' el beginning .... -~' [TOGETHER-with ~,11 tbs rijht, titl~ ant il:tC~ifHt o[ ihe [artlec of'the firs~ part ~n and to thc brach anl ]'-m~.; unccr ",','~Lc'z' cf Long Islan~fSound !~ i.oL~ of' or aujac-n~ to t~ ........ _0u-.,{~{ ,.l~h all t}le.r~ght~ +'r *, ~ ~I ....... t cf tho ~f'the flrat'~'art ~n.'and. to a rizht of '~.':~y re- ,~ ',,;,-~ on lc. et ~"vehicles which i~Tde~eribec~ In d~e~-,rec~:'d,_,: ~. the SufYolk , Clerld~~Office in tiber 11[.< of ~c~.~, F;:;'c ebb, ~n .,.,,~,~bcr ti '1.925, In s~ far a,~ s~iia l.l,.ht of ','.:,',' :'.u:v :.t ..... (,'~a. %o .premises _her,= [ii And the~'~tid party of the necond part f:.u herself, her heirs and L' - ~algns, does-he~eby covenant and agree 5~ ar,d r~!th the pestles of the first':~rt~ ~heir. heirs and. ~.~.~."~',' s, ns follows: -F~ST: ':~at:neSthcr tl,e ....t~ of tho secun,~ [,art, no~ Let belts .shall of v;ill 'e~eet or ~crm[t u~,on any ;,ortion of said '' , an~(~fltldlf, g~-exeepting a det~-ehed'dwellt:~ i.ouse, o~ b'~nEalowf~ of lass cost than Fifteen huudred Dol!a~s (~1500) family::only, .:-~ ~at ne~t.=eF ..,e :art; o_ ~.ie .,e~o..c ~a.t, n~r .,.r be_rs _:.. .gns,' she'll or w 11 erect more th::n'c, ne .... ~ bui!~lr, c o:: each ...- excepi!!15~ k:~wavc't", .......... ; , ..... '" :a .mrivate u ~1 =ola~u~le v~[~'' t; ~ C,?elLhu' ?.':u:e t,~ !,,a erected on said. ~ ana_.,~o..e ~9c ............. ~.: a, - - -. -~ '~ '.--~-- '"~ ' ' 'O}~"~ly ' c ~' - ' .... --, ...... ~:,id .,~,cn.ises, any:~'~ue o~ business · , ..... ~-.]1 be ma~ntained ~,~cc[ficatlons for ~11 buildings are ~o be writing by %~,e ~,f, rt~ of the first par5. with the land an<'to be: construed a~ ~%til July t~ 1944, when they shall cease .... d agreed It is ~aut~mlly ~ae~s%ood.~n may ue altered , c,cept, .-fictionS, or any · ' b written agreement by and tl~e ri,,: o July 1~ 19~-t.~ ~, .... n~sivr, s. and th~ -,venan%s restrictions, and such agreemcnv sh~l let o~ a : said coVenatlts and ~cstrictions as %o said ~% the c : ~t of the et, met or owners of any adjacent ~'.hing here =:~vai*ed sha~ be construed, nor si:all there .... a. _. [a~tles of the first ps~t~ tl~ei? heirs o~ ~trtct ~:] ma~ter any other premises now o? rile5 ~f first part, their heirs o6 assigns. pr .misea. TO ~VE: AND TO ti( h~r h ,, all thc estate and rights 0£ the party of the first part in and to sa,d ! the premises herem granted unto the party o! the second part, . 'and assign~ {orever. ~rtles of th~ . st part fSr thom~el~e$~ their heirs ~d a~i~8, do ~ tOlic or ~ ,to nuis~co s~all be ~intuined on the prop~y ne ,,es~, ra ~ /, 274 feet at present o~ed by t~m ~d ~rees tha~ on shall r ~tn the land ~tll July 1, 1944. / ' ' t75-., } F~sT.--'l'hat sam "' I~ seized of the said premises m ft.e stolI lc. and has good right To convey the same; .,; : S~coNu,~That ~e ~rty o[ the second part shall quietly enjoy the said pr~s; '~-, Fou~.~T~t ~e par~ o{ the first ~ will execute or ~r~ ~ {~f ~ ~'~ ~d ~I [.'N t Y" SILLLCE ,'". ' The ~antQr, in compliance with Section 13 o{ tile bran Law. covenants that the ~t~ t' ' the eons~deratlon for this conveyance as a trust fund to ~ applied first {or ~e ~;- ~ ~e improvement and that the ~antor will apply the same first to the paym~t ~ ~e e~ ~ the ~ p:m%rovement before using any part of the total o{ the ~ame for any other putposm h~ S and ~ ?,. ~ ~N WITNESS WHEREOF, ~c pa:t~o{ thc ~:st pa~t h~s hereunto ~ct thoi~ - -:s~{ S the day und year ~:st above '.~ COUNfY OP.~~_ . On the ~31'Xl day o! .q Tile kllOWYl I0 he tile indivldual5 described in. and who e×ccutcd, the fi~rei;o~:,; mstrtlment ackno,.le,t~ed that Yhe executed the same. No -7 NTY ©F o ~ 4~ 1 1', 1 .C.{ )Itl ) l,; 1) - OUL 13 and ": '= ,90 ~.t · 0 ]~'[,,q P OF L,'q/',ID..~ o.~- BAXTER PROPERTIES, /~l G'. CUTCHO(;U£ 'T'O 14IN OF ,~OU'~/-IOI- Z~ ,.~U~'~'OI-I< ~'oU~-r'4, N,'~.