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TOWN OF SOUTHOLD, ~ YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. ~138 Dated September 13,
AC~ON OF T~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Richard Menzer
30-70 50th Street
Woodside, New York
DATE S~p%~mher 28,
1967
Appellant
1967
at a mecth~g 0f the z~nmg Board of Appeals on Thursday, September 28,
was considered and the act/on Indicated below was ~sken on y~)ur
X ~ R~qucst for Variance due to lack of access to properly
( ) Request for a specia/ exceptima urger the Zoning Ordinance
~ ) Itequcs~ for a variance to the Zoning Ordinance
~ )
1967abe appeal
]. SPECIAL, EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be d~enied pursuant to Article .............................. Section .......................... Subsection ; ........... .~ ....... paragraph
............................ of the Zoning Ordinance, and the decision of thc. Building lmspector ( ) be reversed ( ) .be
confirmed because 7:30 P.M. (E.D.S.T.), Upon application of Richard Menzer,
30-70 50th Street, Woodside, New York, for recognition of access,
in accordance with the State of New York Town Law, Section 280A.
Location of property: west side Right of 'Way, west side North Bayview
Road, Southold, New York, bounded north by Nelson, east by right
of way, south by McDavid, west by Goose Bay Est.
2. VARIANCE. By resol'uti~ 0~ the Board i~ was determined that
ia) Strict application of ~he Ordinano~ (would) (would not) produce practical difficulties or unnec-
essary hardship because
SEE REVERSE
(b) The hard~Aip created (is) (is not) unique and (would) (would not) be shared by all prope~ies
alike in the lmnlediate v~cinity of this property and in the sam.e Bse district because
SEE REVERSE
(c) Th~ var."ance (does) (does not) observe the spirit of thc Ordinance and (would) (would not)
change the c~mracter of the district becaame
SEE REVERSE
and therefore, it was further det~ tAat the requested varia~]ce ( ) be granted ( ) be denied
and that the previous decisl/~qs of the Building Lu~pect0r ( ) ,be confirmed ( ) be reversed.
FORM
After investigation and inspection the Bfa rd finds that
the applicant requests permission for an approval of access.
The Board grants this application as applied for, subject to
the determination of the right of the applicant to the right
of way running in the northeasterly direction on a 20 foot
right of way to North Bayview Road. It is the Board's under-
standing from Mr. Herbert Rosenburg, who originally owned this
property, the original grantor gave right of way in both
directions, northeasterly and southerly from the property that
Mr. Rosenburg owned. However, the northeasterly access is
,presently being subjected to a titl~e~r~h.a~ ~ina% approval
o~ that will await rgsult of the title,search. ~n the meantime,.
this access sh~ll Re made passable to emergency vehicles up toa
width of 15 feet, and s~bject to the final approval of the
Southold Town Building Inspector.
The Board finds that strict application of the Ordinance
will 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 this property
and in the same use district; and the variance does observe the
spirit of the Ordinance and will not change the character of
the district.
Therefore, it was RESOLVED that Richard Menzer, 30-70 50th
Street, Woodside, New York, be granted recognition of access on
property located on the west side Right of Way, west side North
Bayview Road, Southold, New York, subject to the conditions pointed
out above.
LEGAL 'NOTICE
~otice of Hearh~gs
Pt~'sua~t to Sectio~ 267 of ~he
Town Law and the provisions of the
amended Building Zone Ordinance
of the Tow n of Southold, Suffolk
County, New York, public hearings
will be held by the Zoning Board of
Appeals of the Town of Southold
at the Town Office, Main Road
Southold, New York, on Septembe~
28, 1967, on the following appeals:
7:30 P.M. (E.D.S.T,), Upon appli-
cation of .~Richard Menzer, 30-70
50th Street, Woodside, New York
for recognition of access in accord-
ance with t~he State of New York
. Town Law, Section 280A. Location
of property: west side Right of Way,
west side North Bayview Road,
Southold, ~'lew York, bounded north
by Nelson, east by Right of way,
south by McDavid, west by Goose
Bay Est. Sub.
7:40 P.M. (E.D.S.T.), Upon appli
of ~:lna A. Brown, Main
cation
Road, Ea,st Marion, New York, a/c
Helen Hildergarde Hawkins, 2807
Spangler Lane, Bowie, Md., for a
variance in accordance with the
Zoning Ordinance, Article III, Sec-
tion 303, Article S, Section 1000A,
for permision to divide premises
with insufficient frontage and area
in eft'her lot. Location of property:
south side Main Road, East Mar-
ion, New York, bot~nded north by
Main Road, east by Arthur Lim-
ouze Est., south by Bay, west by
Micheie Monz.
8:00 P.M. (E.D.S.T.), Upon appli-
cation of Robert S. Pascale, Babbit
tLR, |
)RK, ~ ss:
· ~'~.~.~.'.. being duly Sworn.
Printer and Publisher of the SUFFOLK
tewspaper pubtished nt Greenport. in said
Lane, Ernst M~arion, New York, for
a variance in accordance with the noticc, o! which the annexed is ~ printed
Zoning Ordinance, Article III, Sec-i
tion 303, Article X, Section 1000A, iIsnen In lne s~lll ~uffolk Weekly Times
for permission to divide propertY ioY ...~...(_~_.
and construct ~two dwellings with~ ..............
insufficient frontage and area. LoLl_.
cation of prop~y: Rabbit ~ne ~clng on ~ne . .....~.
off east s~e Bay Avenue, East Mar- ~ 19
Ion, ~ew York, ~unded north by I/ ...... ~'.
Rabbit ~ne east by V M Gray,~~:).
sou~h by Gardiners Ba~, ~est by~ ' ''~ .... : ...... ~'~ ...........
W. Rei~art ~ this .J.J.'~:
Any person desiring to be heard~ ~,~
on the above applications ~hould ap- ~ ~
pear at the time and place above~
specified. ~ ............. ~ ~ ~ ~ '~ , .....
~der of the Southoid Town J
Board of Appea~ ltS22 ~
FO'I{M ~O. 3
TOWN OF SOUTHOLD
BUILDING DEPARTIVlENT
TOWN CLE.RK'S OFFICE
SOUTHOLD, N. ¥.
NOTICE OF DISAPPROVAL
File No .................................................................. Date ................................. ..S...e.~.~.e..m.~.e...r....~3. 19..~.!Z.
To R~ha. ra. &- Katnieen Menzer
........ 3.o.:.7. Q ........ ~.0..t..,h ..... -~.t ...................................
............. k{.o. q~.s~.~., ....... Ii,.Z., ..............................
PLEASE TAKE NOTICE that your application dated ..................... ~..e.p..t ........ ~ ......19....6.?
for permit to construct ....... .d.}f..e...]:]-.~.in..~ ............. at the premises located at ..................................
. ~Z'!{... ~.,...o..:!{!.:.....o. ~i ~.. !L/..~ .. ~.o..~.t..~...~..a.,ys~ ,~ So~tho~
Map ........x.x...x.~ .......................... Block .....x..~V ............................. Lot .S~. ........................................ is
Xy~~~~v~[ disapproved on the £ollowinp ground~ ....... .~..a,..c..kl.....o..f....,.%p.~.l.l.o. ilq~...,.a..,c c e s s
........... S e.c...2.o O .... A.. 81 o,¥~...~;w. ................................................................................................................
Building Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) ~¢~ ~e~:e2, ,.,of ...... ,~¢r.,~...... ~Rt.h $.',~. .... .......................
' '" Name of Appellant Street and Number
wee~i~e ......... .~..,.~i? ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU LDING INSPECTOR ON
APPLiCATiON FOR PERMIT NO ..................................... DATED ..$.~[$~..,..~.:.~..~; ..... i ............
WHEREBY THE BUILDING~INSPECTOR DENIED TO
( )
1
................. · ......... ~ ............... W/~ No:~th Ba3r~ew ;P~
Map No. Lot No,
...:21c. ha~..~[et3ze~, ..&..Wtf~ ..........................
Name of Applicant for permit
Street and Number Municipality State
PERMIT TO USE
PERMIT' FOR OCCUPANCY
,App~vai ~ff
W/~ R~O,W, ~A~ diS~
EOCAT1ON OF THE PROPERTY .......................................................................................................
Street Use DiStrict on Zoning Map
Bout~o 1~
2. PROVISION (S) OF THE ZONING ORDINANCE AP:PEALED (Indicate the~ Article Section, Sub~
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
Tew~ L~w :~ee, 28~A
3. TYPE OF 'APPEAL ,Appeal is made herewith for
( ) A VARIANCE to the~lZoning Ordin,alnce or Zoning Map
~ ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 6.2 Cons. Laws
Art. 16 'Sec. 280A Subsection 3
4. PREvia'uS APPEAL''~A previous appeal ~ (ha~ not) been made ,with respect;to this decision
of the Build ng Inspector or with respect to this property.
Such appeal was,( ) !Fe,,quest for a special permit
( ) 'reqdest for a variance
and was made ri'Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
~ ) A Variance to(SecHor~ 280A Subsection 3
( ) A Varianc~'t~"~the'Z6ning Ordinance
is requested for the F~asoh~tha~ ~e ~h~sed a lot which ~d been he~d ~ s~Ele
o~r~hi~ D:io~ the e~e~ent of the zoninE o~~ee~ this [o~ i~ on
~ private right Of f~ leading f~om the ~stc~rly side of N~rth Bayview
~a~ ~d to ~te h~s. not b~en approved by a~ gove~g ~ard.
Fora ZBt ' ~ (Continue 'on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficu[}ies or unneces-
sary HARE~SHIP because .~ Th8 "~uildi~ .lot wa~ held in single/and seperate
ownership prior to the en~et~t of the zon~ o~i~ne~ but i~ Zoe~t~
on ~ ~pp~o~ed right of ~ay, The ~ight of ~ le~ds ~n to the p~operty
f~em No~th ~i~ Eo~.~ ~ud ha~ been approved part Way ~ ~ the
ma~e ~to suitable access fo~ emergency vehlele~.
2. The hardship c:reated is UNIQUE and is not shared by all properties alike in the '.immediate
vicinity of this prol~erty ond in this use district because ~ ~hi~ i~ ~ ~rg~ [o~
i~ the. ~inte~$o~~ a~ea to ~eed access app~ovgt ~d to ~v~ a d~eil~g
3. The Varianq'e
CHARACTER
the spirit of the Ordinance and WOULD NOT CHANGE THE
DISTRICT because ~ ~e ~roposed r~side~c~ ~ a 0~9 f~ly
which is a~cep~ble ~d ~eets ~l r~&~e~nts of
~e~p~g with other one f~ity
bz~ to th~
SS
SwoFn io this ......... :..., ............ ..~.~. ............... day of .......................... ~D~(~ ..... 19 ~
..... .......
Notary
Public
//
~OTARY PUBL~L; ...... o~' I~,!ew
~NO. 52-0618100 Suffolk Counb~
~missIo~ Expires M~rch 30,
/
FORM NO. 1
TOWN OF SOUTHOLD
BUlL. DiNG DEPARTMENT
~I'OWN CLERK'S OFFICE
SG'UTHOLD, N. Y.
..... ...........
Approved ...................................... :., 19 ........ Permit No .............................
Disapproved a/c .................. X ..... ' .................. ........................................
Application No .............................
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
o. This application must be completely filled in by typewriter or in ink and submi'tted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector wilt issue a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the progress of the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees 'to comply with all applicable laws, ordinances, building code and regulations.
(Signature of applicant, or name, if a corporation)
30-~.0 ~.Oth SE ~oo~.~.~.~ N.'v.
~. (Address of applicant)
State whether applicant is owner, lessee, agent, architeCt, engineer, general contractor, eleCtrician, plumber or builder.
............................................ .........................................................................................................................................
Name of owner of premises R~.oh.~. ~c ]]~Z~.%.~.~.e..e...~....I~.~.~.e..~ ............................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of corporate officer)
I Location of [and on which, proposed work will be done. Map No.:
W/S Pvt R.0.W. off W/S No,th Ba~iew Road~ Southoid~
Street and Number .............................................................................
Municipality
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy V&o~t _az~CL
....qr~e.., ~.a~!~...~e~imn ................
b, Intended use and occupancy +~ m' r ~ ' ~ ...............................................................
3, Nature of work (check which applicab,e): New Building .... ~:~c~. ............. Addition Alteration
Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................
4. Estimated Cost ....... ~.~.0.0..0...~.~ ............................. Fee ..... ..]:.C),..,..O.~. ........................................................................
(to be paid on filing this application)
5° if dwelling, number of dwelling units ...q).~ ................... Number of dwelling units on each floor
If garage, number of oars ol~e ' ..'. i.,]
6. Jf business, commercial or mixed occupancy, specify nature and extent of each type of use
7. Dimensions of existing structures, if any: Front ..................... - ....... Rear ....... , ........... : ............. Depth
Height ........................ Number of Stories .............................................................. '
Dimensions of same structure with orlterotions or additions: Front Rear ............................
Depth ................................Height ............................ Number of Stories ................................
8. Dimensions of entire new construction: Front ..' ...... ~. ....... ..... ] ..... ]. .... Rear ........~. ...............Depth ....... 2.~. ............
Height .................... Number of Stories ...... q~..e. .........................................................................................................
9, Size of lot: Front ...S0 ..................... Rear ........ .~.C~ ....................... Depth .... ~.~D .....................
']0. Date of Purchase ............. ~.c)..~.2 .................................. Name of Former Owner ~ IvZe:azez'
I I Zone or use district in which premises are situated n~?
12~ Does proposed construction violate any zoning Jaw, ordinance or regulation.;) lq-O
................... ~;~'dB~;~ ~'8~ ....
13. Nome of Owner of premises~..&.q~&~2.~...]~.~.e.~.~.~.~.....~...~ddress ...~.0..=..~...0.. ..... ~..0..~...~.....~.~ ....... Phone No .....................
Name of Architect ...................................................... Address ............................................ Phone No .....................
Name of Contractor ..~.~..~..o.~].~....~...$.~.o..g. ................... Address ......... ~'g.~.%....~,e..~.2.9..~ig.9.g.. Phone No .....................
PLOt DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate
whether interior or corner Iota
STATE OF NEV~
COUNTY OF ..P..~.?i~.9.~ ............. .f S.S.
...................................... ~¢o~g~' ~-.;.;~.O.~5.~.X .................... : ..... being duly~swbrn] deposes and says that he is the applicant
(Name of individual signing applicotion)
obove named. H.e is the ........ ..O.~,~.~...e.~ .....................................................................................................................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this ~pplication; that all statements contained in this application are true to the best of his knowledge and belief; and
that the work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
.................... ~. day of ........................................... , 1 ....... ~ ;~ ~
..... ...... ..................
Notary Public, .~~...~~un~~/~ ~ (Signature ~'~ppli~t) ~
October 2~, 1966
Richard Menzer
30-70 $0th Street
Woodside, New York
Dear Mr. Ilenserz
This lo to advise you that the necessary
8urkeys for your acoess approval are in my
office. You may now apply for building per-
mit approval.
Very sincerely,
Howard Terry
Building Inspector
/bd
January 4, 1967
30-70 50th Itzeet
#oode~de, ~ York
Re~ Appeal No. 1138
DIaZ M~. MII~SOZ'I
0~ ~~ 28, 1967. an action of the Zoning Board of Appeals
of ~he Tmm of~o~thold, upon ~ur request un~r apda1 nu~r 1138
~ a~ss~ ~d ~s application as applied for, sub]ec~ to ~e
~~tL~ ~e ~t of ~e applicant to ~e right of way run-
n~ng~ ~ ~e~zly d~zection on a 20 f~t r~ght of way to
~r~ k~l~ I~ It w~ ~e B~rd's unpretending fr~ ~. Her~zt
H~, ~o ~lgl~lly ~ned ~e pro~rty, ~at ~e original grantor
ga~ z~gh~ o~ way ~ ~ d~=ections, northeasterly and sou~erly
~ ~e ~Z~. Bole~urg ~ned. ~e not.easterly auceal was
to ~ l~J~d ~0 ~tle learch and f~nal a~proval of accesa in ~e
nor~eal~ezly~on ~a~ted ~e r~lt of ~e t~tle search.
~n letter of December 7, 1967, Mr. Joseph J. Sne~lenburg II,
&d~.J. lll %heBOS~d of Ap~IIs ~at ~. Rose~urg did not reoeive a
r~% of'~grl~ ~lr ~e 20 f~ r~ght of way to ~e nor~rr~d
~ ~r~v~ng t~tle from Her~rt Rose~urg has
' ~O 20 foot r~ght of way to the nor~ road to
of the
Appeals examined a photostatic copy of Herbert
d~tod 1Sth day of July, 1949 - Howard A. Toedter,
and conrad that the only right of
RoOOltburg extended from the southeasterly corner
preniees southerly to North Bayviow Road.
Ri.hard Monaer
Ret Appeal ~o. 1138
January 4, 1967
Page -2-
· hi8 letter and o~her pertinent 4nformatXou lJ on file in
offX~e of ~he Board of Appealo in ~he Town of Sou~hold ~f you would
~-~h&:Lrmin, 8ou~hoXd Town
Board of Appeals
c~: ~To~e~h ~1'. SneXXingbv~g XX,
Bsq.
JOSEPH J. SNELLENBURG, II
765 - S600
September 26, 1967
Mr. Robert W. Gillispie, Jr., Chairman
Board of Zoning Appeals, Town of Southold
Town Clerkts Office
Southold, N.Y. 11971
Re:
Application of Richard Menzer for
Recognition of Access, Town Law §280-A,
Application No. 1138.
Dear Mr. Gillispie:
The captioned application for recognition of access covers
premises bounded norlh by Nelson, east by a right-of-way, south by
1V~cDavid and west by Goose Bay Estates, and is the westerly one-half
of property formerly owned by Dembrowski, consisting of the subject
properby and Lots 42 - 46, Map of Goose Bay Estates. I understand
that access to the parcel was heretofore had over the Goose Bay
Estates roads, since the parcels were formerly in single ownership
prior to being divided by Mr. II. Menzer.
Two private rights-of-way leading from the area of the subject
premises are involved. One is a 20-foot private right-of-way running
from the lands of Schumacher in a northeasterly direction to the North
Road to Bayview; the other is a 30 foot private right-of-way running
from the lands of Schumacher and Nelson in a southerly direction to
North Bayview Road. F, xarnination of the subject application indicates
a lack of clarity as to whether the applicant is seeking access over
both of the aforesaid rights-of-way or over only one, and if so, which
one.
I represent the property owners abutting the 20=foot private
right-of-way running in a northeasterly direction from the lands of
Sch,,rnacher to the North Road to Bayview; these people are in the
process of purchasing the underlying fee title to said right-of-way.
A cursory examination of the deeds into applicant and his predecessors
in title (Dembrowski Estate to II. Menzer, Liber 5065, cp. 151; II.
Menzer to II. Menzer, Liber 5094, cp. 85; II. Menzer to R. Menzer,
Liber 5167, cp. 313) indicates tI~t the grantees and the presenl applicant
have no right-of-way whatever. However, a detailed title search might
indicate to the contrary. Such a title search is presently under way in
connection with the acquisition by my clients of the 20-foot right-of-way
R. W. G. -2
above -mentioned.
If the current application for recognition of access is over
the 30-foot right-of-way south to North Bayview Road, the application
i~ of no concern to my people. If, however, such application is for
access over the 20-foot right-of-way northeasterly to the North Road
to Bayview, objection is made only to the extent that the current
application fails to show the existence of a right-of-way by grant
over the road in question. If the applicant in fact has such a~ easement,
of course there can be no objection to his using such access.
Accordingly, the persons involved in the 20-foot right-of-way,
Witten, Price, Laymon, Warren, Trautman, Loesges, Epstein,
Solomon, Primich, l{union, Mallgraf, Irimescu, Schweitzer, McNeilly
and Werkmeister request that the Board require record proof of a right-
of-way by grant over the road in question, if the 20-foot right-of-way
is the one involved. Alternatively, the Board might wish to delay action
on this matter for a short period until the title search above referred to
is available to resolve the question.
JJS. v ~
cc. South Goose Creek Property Ownerg,-.~'
JOSEPH J. SNELLENBURG, II
ATTORNEY AND COUNSELLOR AT LAW
SOUTHOLD, NEW YORK 11971
~16 765,5600
December 7, 1967
Mr. Robert W. Gillispie, Jr., Chairman
Board of Zoning Appeals, Town of Southold
Town Clerk's Office
Southold, N.Y. 11971
Re:
Application of Richard Menzer for
Recognition of Access, Town Law §280-A,
Application No. 1138
Dear Mr. Gillispie:
I understand that the captioned application for recognition
of access over the 20 foot private right-of-way to the North Road
to Bayview was either granted conditionally or was held in abeyance.
Subsequent to my letter to you, of September 26, 1967, I have
obtained a Title Company repoi, t and examined all of the deeds in
connection with the right-of-way and the subject premises.
Richard Menzer's title is derived from the Dembrowski
Estate as indicated in my letter of September 26, 1967; the Dembrowski
Estate derived title from McDavid by deed Liber 3102, cp 587 record
March 18, 1950; McDavid derived title from Herbert Rosenberg by
deed Liber 3047 cp 258 recorded February 17, 1950; Herbert Rosenberg
derived title from Howard A. Toedter, Inc. , the original grantor of
all of this property, by deed Liber 2970 cp 578 recorded July 15, 1949.
A photocopy of the Rosenberg deed is enclosed.
As an examination thereof will show, Rosenberg received
no right-of-way by grant over the 20 foot right-of-way to the North Road
to Bayview. There is no other recorded deed to Mr. Rosenberg
concerning the property in question. Accordingly, Rosenberg could
not and did not give to his grantee McDavid, nor to the ultimate grantee
Menzer, a right-of-way over the road in question. Accordingly, neither
the applicant nor any other person deriving title from Herbert Rosenberg
has record access over the 20 foot right-of-way to the North Road to
B ayview.
I understand that Mr. Rosenberg purported to grant such a
right-of-way to certain other persons (i. e. to King, Liber 2361 cp 354,
recorded 9/10/51). As stated, he did not have and could not grant such
an easement. The persons described in my letter of September 26,
1967, who are now in part owners of the fee title to said 20 foot private
R.W.G. -2
road, renew their objection to the foregoing application for recognition
of access to the extent that the same involves the 20 foot private road
to the North Road to Bayview. They also enter a continuing objection
to any recognition of access over said 20 foot private road to the Noeth Road
to Bayview from persons or parcels which constituted part of the tract
conveyed to Herbert Rosenberg in the attached deed, and from any other
parcels other than those physically located on the existing 20 foot private
road which can demonstrate record title carrying a record right-of-way
over the road in question.
JJS. v
eric.
cc. R. G. Terry, Jr. Esq.
Samuel Epstein
n enmre,
sixty-two
'~.~H h~RiiY MENZEH and ELaN ~N~, ~th residing at 37-17
'}]+th ~venue~ Long Island City, New York~
~ IiICH~IiD M~.~Z.EB an0 Kll}i~N MENZER~
.?)-70 %0tn Strs,~t. ',[oodslde, New York~
bis wife,
/~rtle8 ~ fhe~rstp~rt,
~oth r~slding at
~rt i · 8 o£ the ,second
............... one ($1.00)
....... Dollars,
, e..ti.-~
paid by ,the part ies o[ the ~e~ond part
5ereby grant and release unto the part los of the second part,
their aelrr
that certain plot, olece or parcel of land situate, lying an~
at Bey View, near the Village of $outhold, in the Tewn of ~eutho]d
Co~,r~ty of S',ffolk ano State of New York, being more oarticuIarly bonnde~
doscyigeC, as follows;
~EGiN~,i;i;G at the northwesterly corner of th~'premises her,in
scribed on the eas%er.ly line of Lot No. ~6 as sRo~ on m ~ r~[l~
.,l~tled~ ,,o. o~ .~cos~ i~ay Estates at Southold~ Long Isla~"~
'.he Suffolk (;(:tAn'fy CierKts Office on No~mber 13, 193~, as ~~
"' '+ l~es lO feet southerly from the
..... nor the~SterlFPc
s,,_~ Lot 5~. l,~- mac~sured along the easterly line of said
~ course run:l~.g s,~uth 17° ~ 30" west eno being the center
~,id ~<,t ~, . ~+6: run~-:ng thence in a general easzerly ~lrecticr
i~nds now or ior:i~erxy ~f Herbert Rosenberg and n~ the
center ii'~e of sate ,~-c No. ~6, a distance of 150 feet to the ~ter~y
.' [::e of a cgr'-a:a i'~,oz zrlvate right )f way; ruling thence in a
,~e;,.~;'ai s~,~tasrl, y u!rection and along une westerly side of ~at4
:'!ght of way~ south ~7o 3~' 30" west a distance of 80 feet ~o a
~-nd other lands of Rix R. M~David; running thence ~ a general
~rec'tion along other lands of Rix R. h~Devid and on the exte~len
;,~e center _i~:e of Lei Nc. ~2 as shown on said "Map of Goose B~y
at S,,u'thold~ bona Island", a distance of 150 feet to a point
~,asterly line of said Lot No. ~2 and being the center line ther~f
~,ng distant ~O {ee~ northerly of the southeasterly comer of said
~fo. ~2 measured a~ong the easterly line thereof on a course Ft
~orth 17° 3~' 30" east; rumlng thence along the~sterly line of
numbered ~2, ~3~ ~, ~ and ~6 as shem-: ,n said "Map of Goose
Estates at Southold~ ],cng Island" 'ma course r~nlng north
~a~t a distance of 50 feet to the point or place of begl~lng.
E)ETAI L
SURVEYED FO;~ '~
P~ICHAt~D · ~4~ATHL£EN IV1EN E~
TOWN