HomeMy WebLinkAbout1000-87.-1-23.7
LIBEl{ 7417 pa§e 403
DECLARATION, made Chis 2nd day of June
1973, by RUSSELL N. FREUND and ELXI~OI{ C. FREUIID, his wife,
~siding aC 300 EasC 40Ch Street, ~ York, ~ York,
after refer~d ~o as the '~claranc~".
~S, ~claran~s ~ certain land sl~a~e,
lyin~ and bein~ a~ $ou~hold, Town of ~uthold, ~ffolk County,
N~ York, conve~d Co them by deed fr~ Jo~ B. Pearson
distributes under Ohm ~s~ Will and Test~ent of ~ith H. M.
~arson, deceased, and conve~d to said ~i~h H. M. Pearson by
deed ~cordmd June 14, 1~32 In Liar 1655 pa~ 231, which deed
to ~clarants is in~ended to ~ recorded s~ul~eneously he,with
and
W~EREAS DesistanCe abouC ~o divide said
premises into four parcels, ~arcel exceeding three
acres in area;
said land is held and
, Declarem~s declare Chat the
be conveyed by them eabJecC Co the
follo~ing perpetual Covenants, Restrictions and Conditions which
shall run with the land:
FIl{ST: The four parcels hereinafter to be
conveyed by Declarante shall each exceed three acres in area,
and said parcels shall not be subdivided nor conveyed nor
mortgaged ocher than as single parcels, and no portion of the
premises may be subsequently conveyed or mortgaged unless said
parcel shall exceed ~hree acres in area. This Covenant, in
addition to the provisions of paragraph '~OURTEENTH" hereof,
shall run to, inure to and be for the benefit of the To~n of
Southold end the Planning Board of the To~n of Sou~hold, and
Zheir s~aCuZory successors.
SECOI~I): ~1o more than one single-family dwelling
ittic; the ground floor area of the main structure, exclusive of
ipen porches and garages, shall be not less than 1,500 square
eec if a one story structure, nor less than 1,200 square feet
if a two story structure; with a minimum square footage of 1,500
~ee t.
FOURTH: the
.lane and specifications with the proposed site therefor have been,
ubmitted to and approved by the Declarants and a written pemit
issued therefor.
FIFTH: No dwelling or structure shall be
laced nearer than 30 feet to any lot line.
SIXTH: No residence, garage or other structure
hall be altered as to its ~teri~r unless the plans and specifi-
i,tion, in connection . alt, r, tion thereof are in
~rchitectural conformity with the original plang and specifications
nd the written permit therefor.
SEVENTH: No trailer, basement, tent, shack, gar-
ge, barn or other outbuilding erected on the tract shall at any
ime be used as a residence temporarily or permanently, nor shall
ny structure of a temporary character be used as a residence.
EIGHTH: In constructing dwellings or other
uildtngs or otherwise improving the premises, the owner of
· rson making the improvement shall preserve the wooded character
the premises end shall not damage or destroy any trees, the
:utiing or destruction of which is not absolutely essential to
:he improvement in question, Where the cutting or destruction
,f trees is absolutwly necessary co the improvement or the land-
taping of the parcel, the owner or person making the improvement
-2-
No residence shall be erected until
ich auxiliary buildings may be erected on any parcel.
THIRD: Each such single-family dwelling shall
e of a height no greater than two stories, with basement and
subsequent to such improvenent shall replant such trees es do
not impede access co the parcel.
HIHTH: No poultry, horses, cattle, hogs or
other anhnals, except household
may be kept. All such domestic animals shell be confined exlus-
ively to the owner's property.
TENTH.: No house trailers, boats, boat ~ailers,
campers or any unlicensed vehicles shall be left or scored on the
premises outside of a gsrase or storage building.
ELEV~7~H: No lot shall be used or maintained as a
J u
dumping ground for rubbish, trash,/garbage, or other waste. Any
of the foregoing shall be kept in closed sanitary containers,
which containers shall be kept out off the public view and in the
rear of the premises. No part of said premises shall be used or
occupied injuriously to effect the use, occupation, or value of
the adjoining or adjacent premises for residence purposes, or
the neig~Cborhood wherein said premises are situated.
lines, or other such clothes drying implements, shall be main-
Cained other, than in the rear yard ares of the premises.
TWELFTH: Every owner of the premises or any portJ
thereof, by the acceptance of a deed thereto, cover~nts and agree/
to ~ay to Declarants or Chair assigns on the lac day of July in
each and every year, an annual charge to be used by Declarants or
their assigns to pay the cost of maintenance of the roads or
ways used in common on the premises and en apportioned amount of
the cost of maintenance of the access drive or right of way from
South Harbor Road. Said annual charge shall nsC, however, exceed
the sum of Can mills on each dollar of the assessed valuation of
the premises (including improvements) owned by each o~ner, as
-3-
fixed each year by the Assessors of
the Town of Southold or
their statutory successors. Xn the event that s~ch annual charge
is not paid when due the same shall become and remain a lien upon
the premises of said owne~ until paid and Declarants or their
assigns shall have the right to collect same and Co enforce the
.ism thereof by any means authorized by law.
~: The Declarants, their successors
md assigns, whether or not owning any part of the aforesaid land,
shall have the right to alter, modify or annul any of the covenantl
restrictions and conditions of this declaration other than the
covenant numbs:ed '~IEST", and shall also have the power to assign
such right (with or without a conveyance of title to any part of
the aforesaid land) by an instrument in recordable form. Should
the declarant at any tine assign such right, the assignees thereof
shall succeed to all of the rights and powers of the declarant
hereunder, whether or not such assignee shall have title to any
part of the aforesaid land.
FOb~T~NTH: This declaration shall be binding
upon, and inure to the benefit of, and be enforceable by the
Declarants their successors and assigns, and (subject to the right
of the Declarants, their successors and assigns, to alter, modify
or annul any of these covenants, restriscions and conditions of
this declaration) any o~ner or owners of any part of the aforesai¢
land, their heirs, legal representatives, successors and assigns;
and the failure by any of ghe foregoing to enforce any of such
covenants, restrictions and conditions, shall in no event be
deemed a waiver of a right ~ do so thereafter.
FIFTEENTH,: Invalidation of any of the aforesaid
covenants, resCrict~ons and conditions by Jud~nent or court order
shall in no wise affect any o~ehe other provisions which shall
remain in full force and effect.
-4-
IN WZTNES$ ~n~OF l)eelaran~s hav~ executod
these preeeato the day sad year first above writton.
Russell N. Freund
(~,us#ll N. ~reung)
Elinor C. Freund
(Xll~or C YrmUnd)
ST~ OY ~-~ YO~X )
) ss:
co~rY o~ su~?ou~ )
On Cam day o£ , 1973, bm£o~m mm pmrmonaXxY
emma IUJ6~TM N. F~EtIND and ELXNOR C. T~BIIND, to mm known to bm
tim individuals dalGrtbmd in and vim exscuCmd the ~o~m~oiaa
Botory Public
No. ii2.. 90919-~
Commission Expi~e~ /,,Acri;h 30, 197`6,
-5-
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
April 16, 1987
Hon. Joseph J. Snellenburg, II
Family Court, State of N~w York
Judge's Chambers
Hauppauge, NY 11788
Re:
Your Letter Dated April 15, 1987
.Premises of Mr. and Mrs. Charles
.CTM ID #1000-87-01-23.7
V. Blake
Dear Judge Snellenburg:
We are in receipt of your April 15, 1987 letter
concerning applications for Variances and/or subdivisions
relative to premises of Mr. and Mrs. Charles V. Blake,
Co.unty Tax Map Parcel ID #1000-87-01-23.7.
Please be assured that we do not have an application
recent·ly filed by the Blakes concerning a proposed
subdiv.i$ion or variances thereunder.
We are, however, transmitting copies of your letter
to the Planning Board since subdivisions are only their
authority and do not necessarily involve our department.
A copy is also being transmitted to the Building Depart-
ment.
Your letter will be posted in our office for
possible ZBA application(s) in the near future. It is
suggested that ygu do check periodically with the Planning
Board Office at 765-1938 for updates on an application
filed w~th them.
Yours very truly,
lk GERARD P. GOEHRINGER
cc: Planning Board CHAIRMAN
Building Department
~
.
.
11., 1) It" jJ'l ({f?
E''1 (1 '" I' "IL '171'1n"I'"
'Uo.iL tJ i'''~1J!ja ,,)
T"""n -1 n_ ,-, ~,
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,3Jfumi1u (!lour! of I~r ~Iulr of ,Nrin 1J!orh
(!louulU of ~uffolh
~uurruugr, ,N.l!. 11788
JOSEPH J. SNELLEN BURG. II
JUDGE
Personal
April 15, 1987
HON. Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
RE: Minor Subdivision
#82 Approved 6/13/73;
Lot 1000 087 01 23.7
Dear Chairman Goehringer:
In 1973 approval was obtained for the captioned
Minor Subdivision located on Private Road #10
(Old Wood Path), South Harbor, Southold, by Russell
and Eleanor Freund. The parcels have all been
conveyed, and the Freunds are no longer in title.
Covenant and Restrictions, inter alia prohibiting
further subdivision, were filed as part of the Minor
Subdivision Approval. They were also recorded in
the Suffolk County Clerk's Office.
Charles Blake and wife own Parcel four on the
aforementioned Minor Subdivision map, (Tax Lot 1000-
087-01-23.7). The map shows a 3.677 acre parcel,
exclusive of the land in the bed of the 50 foot private
road to the north. The parcel is improved with a
substantial dwelling and outbuilding.
I am advised that Mr. Blake is considering
subdividing the 3.677 acre lot, selling the northerly
portion. This further subdivision may well violate
the Covenant and Restrictions under which the Minor
Subdivision was approved, and under which the adjoining
owners, (Holzapfel, Parcel one, 087-01-23.8; Ballenger,
087-01-22), either purchased parcels or consented to
the approval of the Minor Subdivision.
Although my wife is not an adjoining owner,
(087-02-021), she would appreciate receiving notice
of any applications for Variances to the Minor Subdivision,
or to further subdivide any of the parcels. It would
be appreciated if notices could also be sent to the
following:
Mr. & Mrs. John Holzapfel (087-01-23.8)
South Harbor Road
Southold, New York 11971
-
JOSEPH J. SNELLENBURG. II
JUDGE
Personal
Mr. & Mrs. William Ballenger
1801 Woodbourn Drive
Flint, Michigan 48500
(087-01-22)
Mr. & Mrs. Robert Bayley (087-01-21)
P. O. Box 456
Southold, New York 11971.
cc/ WJm~ sJ.H~l~.aDP.feBlallenger /
Robert & Joan Bayley / U ~ '
JOSEPH J, SNELLENBURG, II
Personal
APR 1.6 1987
~ount~ of ~uffolk
April 15, 1987
HON. Bennett Orlowski, Jr., Chairman
Planning Board, Town of Southold
Main Road
Southold, New York 11971
RE:
Minor Subdivision
~82 Approved 6/13/73;
Lot 1000 087 01 23.7
Dear Chairman Orlowski:
In 1973 approval was obtained for the captioned
Minor Subdivision located on Private Road 910
(Old Wood Path), South Harbor, Southold, by Russell
and Eleanor Freund. The parcels have all been
conveyed, and the Freunds are no longer in title.
Covenants and Restrictions, inter alia prohibiting
further subdivision, were filed as part of the Minor
Subdivision Approval. They were also recorded in
the Suffolk County Clerk's Office.
Charles Blake and wife own Parcel four,on the
aforementioned Minor Subdivision map, (Tax Lot 1000-
087-01-23.7). The map shows a 3.677 acre parcel,
exclusive of the land in the bed of the 50 foot private
road to the north. The parcel is improved with a
substantial dwelling and outbuilding.
I am advised that Mr. Blake is considering
subdividing the 3.677 acre lot, selling the northerly
portion. This further subdivision may well violate
the Covenant and Restrictions under which the Minor
Subdivision was approved, and under which the adjoining
owners, (Holzapfel, Parcel one, 087-01-23.8; Ballenger,
087-01-22), either purchased parcels or consented to
the approval of the Minor Subdivision.
Although my wife is not an adjoining owner,
(~87-02-021), she would appreciate receiving notice
of any applications to modify the Minor Subdivision,
or to further subdivide any of the parcels. It would
be appreciated if notices could also be sent to the
following:
Mr. & Mrs. John Holzapfel
South Harbor Poad
Southold, New York 11971
(087-01-23.8)
JOSEPH J. SNELLENBURG, II
JUDGE
Personal
Mr. & Mrs. william Ballenger
1801 Woodbourn Drive
Flint,Michigan 48500
(087-01-22)
Mr. & M_rs. Robert Bayley
P O Box 456
Southold, New York 11971
(087-01-21)
We would further appreciate a copy of this letter being
placed in Minor Subdivision File ~82, approved 6/13/73.
Very truly yours,
CC:
J & J. Holzapfel
Wm.S & E.D. Ballenger
Robert & Joan Bayley
VICTOR LESSARD
EXECUTIVE ADMINISTRATOR
(516) 765-1802
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
OFFICE OF BUILDING INSPECTOR
TOWN OF SOUTHOLD
TO:
FROM:
SUBJECT:
DATE:
BENNETT ORLOWSKI, CHAIRMAN
PLANNING BOARD ~
VICTOR LESSARD, EXECUTIVE ADMINISTRATOR
C. BLAKE 280A ACCESS
November 30, I987
Charles and Sandra Blake; parcel 087-1-2.7 is part of a sub-
division (Fruend) with a road within its perimeters. Even though
the approved portion of the R.O.W. has been approved to the point
of the entrance to the sub-division by Z.B.A., the applicant, by
280A interpretation, must have an approved 280A to the point or
points of entry to th~ property. When the Planning Board has
approved these improvements, the Building Department will then
issue a Certificate of Occupancy for the construction on this
property.
VL:gar
cc to: Zoning Board of Appeals
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
P ID
T~:LDy
Southold, N.Y. 11971
February 2, 1984
TELEPHONE
765-1938
Stephen F. Griffing, Jr.
Attorney at Law
P.O. Box 982
Riverhead, NY 11901
Re: Loria Minor Subdivision
at Southold
Dear Mr. Griffing:
Pursuant to your request, I have enclosed a copy
of the correspondence our office received from the
Town Attorney regarding the above mentioned subdivision.
If you have any questions, please contact this office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PANNING BOARD
y lane ~4. Schultze, Secret~fry
enc.
ROBERT W. TASKER
Town Attorney
[: 7 REC'D
OFFI RNEY N,~ ~'-~ ~'
TELEPHONE
(516) 477-1400
425 M~N ST.
G~E~ORT, LI., NEW YO~ 11944
November 28, 1983
Henry E. Raynor, Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: Loria Minor Subdivision at Southold
Dear Henry:
I have reviewed the correspondence which you sent me from Mr.
Stephen F. Griffing, Jr. as well as Mr. William S. Parsons of the
American Title Insurance Co.
I am in accord with both Mr. Griffing and Mr. Parsons in their view
that the deeds from the developer to the lot owners conveyed one-half
of the right of way and that, accordingly, such convenances did not
violate the provisions of the restrictive covenants.
Yours very truly,
ROBERT W. TASKER
RWT :aa
ROBERT W. TASKER
Town Attorney
EY
ND¥ 19B3
TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.I., NEW YORKl1944
November 28, 1983
Henry E. Raynor, Chairman
$outhold Town Planning Board
Main Road
Southold, New York 11971
Re: Loria Minor Subdivision at Southold
Dear Henry:
I have reviewed the correspondence which you sent me from Mr.
Stephen F. Grilling, Jr. as well as Mr. William S. Parsons of the
American Title Insurance Co.
I am in accord with both Mr. Grilling and Mr. Parsons in their view
that the deeds from the developer to the lot owners conveyed one-half
of the right of way and that, accordingly, such convenances did not
violate the provisions of the restrictive covenants.
Yours very truly,
ROBERT W. TASKER
RWT:aa
November 9, 1983
Town of Southold
Planning Board
Main Road
Southold, NY 11971
Dear Sir or Madame:
Enclosed are copies of Deed, Russell N. Freund to Philip Loria and wife,
copy of Declaration made by Russell N. Freund and wife, and a letter addressed
to me from William Parsons of the American Title Ins. Co.
Briefly, the Covenant requires acreage of three acres or more and the
.Covenant inured to and be for the benefit of the Planning Board by its terms.
The deed to Loria conveys only 2.831 acres by description. The description
runs to the Northerly side of the Right of Way. The minor subdivision calls
for the property line to be the center line of the right of way rather than
the side of the right of way. However, because the Deed to Loria contains
a clause, which reads 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; it is my opinion and the
opinion of Mr. Parson that Loria by virtue of his deed has title to the center
line of the right of way and really still has 3.004 acres as is shown on the
filed minor subdivision.
I would appreciate, if you feel that you can do it, a written communication
addressed to me that in the opinion of the Planning Board the Covenant has not
been violated by the Freund conveyance to Loria. This is important to my client
as it could affect the marketability of the lot.
Thanking you for your prompt consideration of this req~e§t.
I am,
SFG:cg
Encs.
CONSULT YOUR LAWYE FORE SIGNING THIS INSTRUMENT-THIS IN MENTSHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, madethe / ~ I'd'ay of August , nineteen htmdred and seventy-eight
RUSSELL N. FREUND, residing at 137 East 36th Street, New York,
New York 10016,
1000
District
pa~y of the first part, and
PHILIP LORIA and HEATHER LORIA, his wife, both residing at 25 Bray
087.00
Sec~ Avenue, Mattituck, New York 11952,
RECEIVED
01.00 $._&~;.G.~... ....
~lock 2516 RFAL ESTATF.
AUG ! 3 1978
party of the second part, T~,
23. 002 " "'
LO~ WITNF_~SF-TH~ tha~ the natty of the first part, in consideration of '~!'¢.t ,: ~
.... - ...... T .............. -TEN ($19.00) ....................... dollars,
]awfulmone. y of the United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part ~orever,
ALl- that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying andbeingin the Tox,m of Southold, County of Suffolk and State of New Yor
known and designated as Parcel II on a Mino~ Subclivision map da_ted
· Flay 2, 19'/3, more particularly bounded and described as £ollows:
HEGINNTNG at a point which is the southwesterly corner of the
premises about to be conveyed herein and the southeasterly corner of
premises about to be conveyed by the party of the first part to Charle
Stewart and Lorraine Stewart, which point is also located on the north
erly side of a fifty foot right of way; running thence from said poin
of beginning along lands now of, or abou~.o, be conveyed to, Stewart,
north 5 degrees 19 minutes 10 seconds we ~ feet u~r--:-'-::: ?' -~ to
e.t land now or formerly of C.H. Wickham Estate; running thence along said
Cq last mentioned land and Laughing Waters Property Owners Association
~ south 84 degrees 58 minutes 30 seconds east 176.21 feet to a point and
~ south 78 degrees 34 minutes east 84.31 feet to a point and other lands
of the party~of the first part; running thence along other lands of th
p~.r~v of the first, part, south 5 degrees 19 minutes 10 seconds east
~, ~3~feet .~ !~.r~.- : :. to a point on the northerly side of the afore-
mentioned fifty foot right of way: running thenc~ along said right of
way the following two course,~nd distances: (1), north 74 degrees
24 minutes 50 second, s west ~eet.~-~??-.:~-'~:~...~ (2) north 48 degrees
25 minutes 20 seconds west -'~2feet'~ to the point or place
~ of BEGINNING.
TOGETHER with a right of way in common with others for all
purposes over a 25 foot strip the southwesterly line of which .is the
· , center line of the "Old Woods Road", which southwesterly line is
described as follows:
BEGINNING at tho northwesterly corner of the land of the narty
d!stant ~-^~eet ~:. -- ..... x~s on line bearing' south
of the first part,
~.., 29 degrees 29 minutes 20 seconds west from a concrete monument at the
southeasterly corner of the land of Maguire; running thence south 27
south
d_g .... 01 minutes 30 secon~ east 241.62 feet..' running thence
17 degrees 15 minutes east h~-7¢feet,~
,:.l. ~. t8
TOGETHER with a right of way for all-purposes, in common with
others over a fifty foot road or right of way, the center line of
which is described as follows:
BEGINNING at a point on the center line of the "Old WQods Road
distant 241.62 feet on a line bearing south 27 degrees 10 minutes 30
seconds east from the northwesterly corner of lands of the party of
the first part; running thence due east 115 feet; running thence sout
48 degrees 25 minutes 20 seconds east 374.48 feet; thence south 74
degrees 24 minutes 50 seconds east 198.84 feet.
TOGETHER with a right of way in common with others for all
purposes over the "Old Woods Road"commencing at the point where an
extension due west of the southerly line of the roadway last above
described intersects the westerly line of said "Old Woods Road" and
running in a northwesterly direction over the entire width of said
"Old Woods Road" to and from South Harbor Road.
THE PARTY OF THE SECOND PART, their successors and assigns
agree that they will accept a conveyance of the bed of any road
abutting the above described propertY to the center line thereof,
when and if offered by the Party of the first part or his successor
in interest. This covenant shal~run with the ~and.
GrantorB~N~yI~D~et~Mb~ae~lhi,s ~r~s~ y~tothe
i ~7 c~ the
Office of the Suffolk County Clerk on June 7, 1977 in Liber 8248
cp 342. '-~'
;',~5~
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,
TQGETHER 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
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 incumbered 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 consideratlon for this conveyance and will hold the right to receive such consid-
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly 7cuteg-hh>deed the day and year first above
written. ~j~~/~
IN FR~SENCE OF: '~" "
~. kF r eXln'ZS;' -
STATE OF'N~W.~RK, COOt*in' OF SUFFOLK SS:
Onthe /~ dayof August 19 78, beforcmc
personally Came RUSSELL N. FREUND
to me known to be the~-m:l~vidual described in and who
executed the fo, r~in~ instrument, and acknowledged that
ne executeo/me.~ime~. ,
RUDOLPH H. 8RUER
NOTABY PUBLIC, Slate of New York
No. 52-0465530. Suffolk County
Commission Expires March 30, 197~
STATE OF NEW YORK. COUNTY OF
SS:
On the day of 19 , before me
personally Came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of o
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of safd corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATE OF NEW YORK, COUNTY OF
On the day of
personally came
.. 19
SS:
, beforeme
to me known to be the individual described in and who
executed the foregoing instrument, a~d acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF SS:
On the day of . .. 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows '
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
EQuiTY ABSTRACT, iNC.
Bargain anb ale i eeh
WITH COVENANT AGAINST GRANTOR'S ACTS
TIT~EN0. 7808-080872
RUSSELL N. FREUND
'TO
PHILIP LORIA and
HEATHER LORIA
STARDARD FORU OF HEW YORE BOARD OF TITLE UNDERWRITER
Distributed by
INSUJI~A~d'C m~- C Ol~.f PANT
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded at Rcquc-st of
CHICAGO TITLE INSURANCE COMPANY
Return by Mail to
Stephen F. Gritting, Jr.,
120 Court Street
P.O. Box 982
Riverhead, New York 11901
Zip No.
Esq.
3Olg~J '? ~J~Hi~tV
,,, 030EOO2a
, · american title insurance company
northeast region
130 OSBORNE AVENUE · RIVERHEAD. NY. 11901 · (516) 727-5500 · 724-8989
October 26, 1983
Steven Griffing, Esq.
120 Court Street
Riverhead, New York 11901
Re: Minor Subdivision
Freund/Loria
Dear Steve:
I have reviewed the captioned matter and I find as follows:
Minor Subdivision of Russell and Elinor Freund was
approved by Town of Southold on 6/13/73, the map
is dated 5/2/73.
The map showed the areas of all lots, 1 to 4, both
inclusive, to exceed 3 acres.
The map also showed a 50 foot right of way servicing
all lots.
The acreage of all lots and the boundaries of all
lots was the center line of the 50 foot right of way.
A declaration of covenants and restrictions was re-
corded in Liber 7417 cp 403 and dated June 2, 1973.
The covenants and restrictions were amended by amended
declaration dated April 3, 1978 and recorded in Liber
8412 cp 567. The covenants and restrictions in Liber
7417 cp 403 provided for the following:
"The four parcels hereinafter to be conveyed by
Declarants shall each exceed three acres in area,
and said parcels shall not be subdivided nor conveyed
nor mortgaged other than as single parcels, and no
portion of the premises may be subsequently conveyed
or mortgages unless said parcel shall exceed three
acres in area. This covenant in addition to the pro-
visions of paragraph "FOURTEENTH" hereof, shall run
to, inure to and be for the benefit of the Town of
Southold and the Planning Board of the Town of Southold,
and their statutory successors".
cont'd
-2-
and for the following:
"The Declarants, their successors and assigns, whether or not'
owning any part of the aforesaid land, shall have the right
to alter, modify or annul any of the covenants, restrictions
and conditions of this declaration other than the covenant
numbered "FIRST" and shall also have the power to assign such
right (with or without a conveyance of title to any part of
the aforesaid land) by an instrument in recordable form.
Should the Declarant at any time assign such right, the
assignee thereof shall succeed to all of the rights and powers
of the Declarant hereunder, whether or not such assignee
shall have title to any part of the aforesaid land".
Freund conveyed parcel 11 on the Minor Subdivision to Loria (see
attached, liber 8482 cp 551, dated 8/12/78). Preamble recited
parcel 11 but metes and bounds description that followed ran to
northerly side of Right of Way. However, there was a 1/2 interest
clause that conveyed 1/2 of the street to Loria. Deed from Freund
to Steward in Liber 8516 cp 21, dated 9/23/78, copy attached,
also recited full Parcel 1, but specifically excluded "the 25 foot
Right of Way running along the entire southwesterly line", deed
contained 1/2 interest clause. Deed to Beaudin for Parcel 3, Liber
8507 cp 150, copy attached, dated 9/23/78 referred to full Parcel
3 but metes and bounds did not include portion of right of way.
Deed however did contain 1/2 interest Clause.
If, by virtue of the aforesaid deeds, Freund intended to exclude
any part of the 50 foot Right of Way, he did not do so since he
did not strike the 1/2 interest clause.
If he intended to exclude as aforesaid, he would also have violated
paragraph First of his declaration of covenants and restrictions,
which he cannot modify or annul.
The last deed to Blake, copy attached, is recorded in Liber 8924
cp 265, dated 11/22/1980. This deed purports to convey the bed
of the 50 foot Right of Way, a portion of which was previously
conveyed. This deed is subject to the convenants and restrictions
in Liber 7417 cp 403. The deed recited the following: "Subject to
a Right of Way 25 feet in width over the northerly portion of the
premises described".
I am of the opinion that Freund intended to convey to Blake only
the southerly 25 feet of the Right of Way. If you carefully examine
the aforesaid recital, you will see that a portion of this paragraph
has been blocked out. I believe the portion blocked out reads as
follows: "The northerly line of the premises being the center line
of the 50 foot right of way".
cont'd
-3-
I do not feel that Freund could convey the 50 foot Right of Way
since he previously conveyed a portion of the same, and I am sure
he did not intend to violate his own covenants and restrictions
and possibly the zoning ordinances of the Town.
Vice President
WSP/amb
enclosures
~JTEP~ ~ F. GRL~'~'I~G. J1L
~.TTOR~%'BY A~D COUNSELOR ~.T LAW
120 COURT ~
November 9, 1983
Town of Southold
Planning Board
Main Road
Southold, NY 11971
Dear Sir or Madame:
Enclosed are copies of Deed, Russell N. Freund to Philip Loria and wife,
copy of Declaration made by Russell N. Freund and wife, and a letter addressed
to me from William Parsons of the American Title Ins. Co.
Briefly, the Covenant requires acreage of three acres or more and the
Covenant inured to and be for the benefit of the Planning Board by its terms.
The deed to Loria conveys only 2.831 acres by description. The description
runs to the Northerly side of the Right of Way. The minor subdivision calls
for the property line to be the center line of the right of way rather than
the side of the right of way. However, because the Deed to Loria contains
a clause, which reads 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; it is my opinion and the
opinion of Mr. Parson that Loria by virtue of his deed has title to the center
line of the right of way and really still has 3.004 acres as is shown on the
filed minor subdivision.
I would appreciate, if you feel that you can do it, a written communication
addressed to me that in the opinion of the Planning Board the Covenant has not
been violated by the Freund conveyance to Loria. This is important to my client
as it could affect the marketability of the lot.
Thanking you for your prompt consideration of this req~e§t.
I am,
SFG:cg
Encs.
1000
bistrict
087.00
01.00
Block
23.002
Lot
CONSULT YOUR LAW*~I~'BEFORE SIGNING THIS INSTRUMENT -THIS ~R~I'rRUMENT SHOULD SE USED BY LAWYERS ONLY
r;dZ O,J-L
THI$1NDENTURE, madethe /~ yof August
BETWEEN ........
RUSSELL N. FREUND, residing at 137 East
New York 10016,
, nineteen h~ndred and seventy-eight
36th Street, New York,
party ofthefirstpaR, and
PHILIP LORIA and HEATHER LORIA, his wife, both residing at 25 Bray
Avenue, Mattituck, New York 11952,
2516
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
RECEIVED
....
R~AL ESTATE
AUG ! 3 1978
.... ~ ...... -. .............. iTEN (81D. 00) ....................... dollars,
lawfulmone, y of the United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
~ingandbeingin the Town of Southold, County of Suffolk and State of New Yor~
known and designated as Parcel II on a Minor Subdivision map dated
'May 2, 1973, more particularly bounded and described as follows:
BEGINNING at a point which is the southwesterly corner of the
premises about to be conveyed herein and the southeasterly corner of
premises about to be conveyed by the party of the first part to Charley
Stewart and Lorraine Stewart, which point is also located on the north
erly side of a fifty foot right of way; running thence from said poinl
of beginning along lands now of, or about~/~.~_~e conveyed to, Stewart,
north 5 degrees 19 minutes 10 seconds west[~-t-~ feet ~?-~- u:~Y ~ to
land now or formerly of C.H. Wickham Estate; running thence along said
last mentioned land and Laughing Waters Property Owners Association
south 84 degrees 58 minutes 30 seconds east 176.21 feet to a point and
south 78 degrees 34 minutes east 84.31 feet to a point and other lands
of the party~of the first part; running thence along other lands of thc
n~r*,~ o~ the first, part south 5 degrees 19 minutes 10 seconds east
~J~Afeet ~!:-~.~..,: ~ to a point on the northerly side of the afore-
mentioned fifty foot right of way: running thence slong said right of
way the following two course,~nd distances: (1) north 74 degrees
24 minutes 50 seconds west ~f~eet.~ (2) north 48 degrees
25 mim~tes 20 seconds west ~feet~~ to the point or place
of BEGINNING.
TOGETHER with a right of way in common with others for all
purposes over a 25 foot strip the southwesterly line of which ~s the
center line of the "Old Woods Road", which southwesterly line is
described as follows:
BEGINNING at the nort~%~esterly corner of the la.nd of the party
of the first part, distant ~2feet ~-~;c-~ ~?. ¥~ on a line bearing south
29 degrees 29 minutes 20 seconds west from a concrete monument at the
southeasterly corner of the land of Maguire; running thence south 27
degrees 01 minutes 30 secon~ east 241.62 feet~ running thence south
17 d~g.__s 15 minutes east L~-7-feet,~-~T~
TOGETHER with a right of way for all--purposes, in common with
others over a fifty foot road or right of way, the center line of
which is described as follows:
BEGINNING at a point on the center line of the "Old WQods Road"
distant 241.62 feet on a line bearing south 27 degrees 10 minutes 30
seconds east from the northwesterly corner of lands of the party of
the first part; running thence due east 115 feet; running thence south
48 degrees 25 minutes 20 seconds east 374.48 fe~t; thence south 74
degrees 24 minutes 50 seconds e. ast 198.84 feet.
TOGETHER with a right of way in common with others for all
purposes over the "Old Woods Road" commencing at the point where an
extension due west of the southerly line of the roadway last above
described intersects the westerly line of said "Old Woods Road" and
running in a northwesterly direction over the entire width of said
"Old Woods Road" to and from South Harbor Road.
THE PARTY OF THE SECOND PART, their successors and assigns
agree that they will accept a conveyance of the bed of any road
abutting the above described property to the center line thereof,
when and if offered by the Party of the first part or his successor
in interest. This covenant shal~un with the Sand.
GrantorB~l~N~ I~D~et~MbTU~t~ same premises conveyed to the
· Y ~ 19, 1977, and recorded in the
Office of the Suffolk County Clerk on June 7, 1977 in Liber 8248
cp 342.
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 patty 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 incumbered 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 b_e applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
..xc · d~deed the day and year first above
IN WITNF~$ WHEREOF, the party of the first part has duly
written.
/~'~.'~ ~." ~ ~--~<'Russe ~l N. rek~nh~' '
OF'NEW.kg. COUNTY OF SUFFOLK SS:
On the /~ d/'~y of August 19 78, before me
personally Came RUSSELL N. FREUND
to me known to be the~is~vldual described in and who
executed the foreg~oh~ instrument, and acknowledged that
he executedAfie ~n .cZ~ --~
~/"1 £/ - ' '
RUDOLPH H. BRUER
NOTARY PUBLIC, Slate of New York
No. 52.0465530 - SulloJk CouM¥
Commission Expires March 30, 1979
STATE OF NEW YORK, COUNTY OF SS:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
;'
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of safd corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATE OF NEW YORK, COUNTY OF
On the day of
personally Came
,19
SS:
, before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY O[1 SS:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
tha~t: he knows ;
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
rr. QLp,-i-Y ABSTRACT, INC..
Bargain anb ale eeb
WITH COVENANT AGAINST GRANTOR'S ACTS
TITLE NO. 7808--080872
RUSSELL N. FREUND
TO
PHILIP LORIA and
HEATHER LORIA
ST~DARD FORu OF NEW YORK BOARD OF TITLE UNOEJIWRITEIS
Distributed by
CHICAGO TITLE
INSURANCE C OAf PANy
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded at Request of
CHICAGO TITLE INSURANCE COMPANY
Return by Mail to
Stephen F. Griffing, Jr.,
120 Court Street
P.O. Box 982
Riverhead, New York 11901
Zip No.
Esq.
),lNflOO NgOJJfl5
JO NU~TM
301933 '?
., o3o~ooJa
american title insurance compBn¥
northeast region
130 OSSORNE AVENUE * RIVERHEAD. N Y. 11901 · (516) 727-5500 · 724-8989
October 26, 1983
Steven Griffing, Esq.
120 Court Street
Riverhead, New York 11901
Re: Minor Subdivision
Freund/Loria
Dear Steve:
I have reviewed the captioned matter and I find as follows:
Minor Subdivision of Russell and Elinor Freund was
approved by Town of Southold on 6/13/73, the map
is dated 5/2/73.
The map showed the areas of all lots, 1 to 4, both
inclusive, to exceed 3 acres.
The map also showed a 50 foot right of way servicing
all lots.
The acreage of all lots and the boundaries of all
lots was the center line of the 50 foot right of way.
A declaration of covenants and restrictions was re-
corded in Liber 7417 cp 403 and dated June 2, 1973.
The covenants and restrictions were amended by amended
declaration dated April 3, 1978 and recorded in Liber
8412 cp 567. The covenants and restrictions in Liber
7417 cp 403 provided for the following:
"The four parcels hereinafter to be conveyed by
Declarants shall each exceed three acres in area,
and said parcels shall not be subdivided nor conveyed
nor mortgaged other than as single parcels, and no
portion of the premises may be subsequently conveyed
or mortgages unless said parcel shall exceed three
acres in area. This covenant in addition to the pro-
visions of paragraph "FOURTEENTH" hereof, shall run
to, inure to and be for the benefit of the Town of
Southold and the Planning Board of the Town of Southold,
and their statutory successors".
cont'd
-2-
and for the following:
"The Dgclarants, their successors and assigns, whether or not
owning any part of the aforesaid land, shall have the right
to alter, modify or annul any of the covenants, restrictions
and conditions of this declaration other than the covenant
numbered "FIRST" and shall also have the power to assign such
right (with or without a conveyance of title to any part of
the aforesaid land) by an instrument in recordable form.
Should the Declarant at any time assign such right, the
assignee thereof shall succeed to all of the rights and powers
of the Declarant hereunder, whether or not such assignee
shall have title to any part of the aforesaid land".
Freund conveyed parcel 11 on the Minor Subdivision to Loria (see
attached, liber 8482 cp 551, dated 8/12/78). Preamble recited
parcel 1t but metes and bounds description that followed ran to
northerly side of Right of Way. However, there was a 1/2 interest
clause that conveyed 1/2 of the street to Loria. Deed from Freund
to Steward in Liber 8516 cp 21, dated 9/23/78, copy attached,
also recited full Parcel 1, but specifically excluded "the 25 foot
Right of Way running along the entire southwesterly~line'', deed
contained 1/2 interest clause. Deed to Beaudin for Parcel 3, Liber
8507 cp 150, copy attached, dated 9/23/78 referred to full Parcel
3 but metes and bounds did not include portion of right of way.
Deed however did contain 1/2 interest clause.
If, by virtue of the aforesaid deeds, Freund intended to exclude
any part of the 50 foot Right of Way, he did not do so since he
did not strike the 1/2 interest clause.
If he intended to exclude as aforesaid, he would also have violated
paragraph 'First of his declaration of covenants and restrictions,
which he cannot modify or annul.
The last deed to Blake, copy attached, is recorded in Liber 8924
cp 265, dated 11/22/1980. This deed purports to convey the bed
of the 50 foot Right of Way, a portion of which was previously
conveyed. This deed is subject to the convenants and restrictions
in Liber 7417 cp 403. The deed recited the following: "Subject to
a Right of Way 25 feet in width over the northerly portion of the
premises described".
I am of the opinion that Freund intended to convey to Blake only
the southerly 25 feet of the Right of Way. If you carefully examine
the aforesaid recital, you will see that a portion of this paragraph
has been blocked out. I believe the portion blocked out reads as
follows: "The northerly line of the premises being the center line
of the 50 foot right of way".
cont'd
-3-
I do not feel that Freund could convey the 50 foot Right of Way
since he previously conveyed a portion of the same, and I am sure
he did not intend to violate his own covenants and restrictions
and possibly the zoning ordinances of the Town.
Ver ruly yo
William S. Parsons
Vice President
WSP/amb
enclosures
February 26, 1973
Joseph J. Snellenburg, II, Esq.
Main Road
Southold, New. York 11971
Application for a minor sub~ivision
Pearson property e/s South Harbor Road
Dear Mr. Snellenburg:
The Planning Board discussed this proposed minor
subdivision at a regular meeting on February 21st.
The Board will require the following changes on the
map: (1) improve 25 feet of the right of way, 12 1/2
feet on each side of property, with bank run~ (2) the
right of way on the northwest corner will have to be
improved 25 feet~ (3) also the Board will require
covenants and deed restrictions that the lots will not
be re-subdivided.
Very sincerely,
John Wickham, Chairman
Southold Town Planning Board
JW:tle
JOSEPH J. SNELLENBURG, II
ATTORNEY AND COUNSELLOR AT LAW
SOUTHOLD, NEW YORK 11971
2300
February 9, 1973
Mr. John Wickham, Chairman
Planning Board, Town of Southold
Southold, N.Y. 11971
Dear Mr. Wickham:
Re: Application for a Minor Subdivision
Pearson property e/s South Harbor Road
At the Planning Board meeting of February 8, 1973, Robert W.
Gillispie III and I, acting on behalf of Russell & ilinor Framnd,
contract vendees, submitted a proposal for a four lot minor subdiv-
ision of the Pearson property, 13.144 acres, located on a right-
of-way e/s South Harbor Road, bounded north by Cory Creek, east by
Mealy, south by Nunnekoma Water and Ballenger and west by H. Terry.
The proposal and sketch should include the following:
1. Recorded covenants and restrictions not to further sub-
divide for a time period or as the board may require;
2. Same limiting one sigle family dwelling per lot; requiring
architectural approval of plans for dwellings of not less
than 1250 or 1500 square feet per dwelling;
3. Same, not yet framed, limiting removal of trees to those
necessary for construction;
4. Same, requiring annual contribution not to exceed 10 mills
per dollar of assessed valuation for maintenance of roads
in subdivision and the access road from South Harbor Road
5. Such other covenants and restrictions as may be appropriate
to the proposed 3 acre lot development, or as may be directed
by the Board.
I wish to point out that the premises are presently burdened of
record by at least two rights-of-way over the old wood road; these
easements effectively prevent the termination of the existing road
or substantial alteration. However such easements are secondary
access for the people involved, since they have principal access to
their premises over paved or public roads. As I also indicated to
the Board, Ballenger and I have requested that the Freunds grant us
access to the northeast corner of Ballenger's premises by a road
to run in a southerly direction between parcels 2 and 3, so as to
permit Ballenger and I to discontinue use of the road running between
our houses and the Bay.
Prior to the instant submission we explored alternative access to
this property, other than over the 20 foot existing right of way. An
Mr. John Wickham, Chairman-2
examination of the map and the various record titles indicates clearly
that the premises are substantially landlocked, and that there is
no other access available. In addition, and solely for aesthetic
reasons, the subdividers would like to limit both the roadbed size
and the actual improved size to the minimum width, to preserve trees
and the other features which make this property attractive.
I have a personal interest in this proposal, since I reside
adjacent to the parcel; it has been on the market for some time,
and its ultimate development is of personal concern. I am enthusiastic
about the instant proposal, based on lot size, maintenance of the
c~racter of the area, and conservation of area water supply. In addition,
Ballenger and I will benefit substantially by virtue of a desireable
adjustment of our road access to our respective dwellings
Although not relevant to the Planning Board's considerations, there
are certain time limitations in the contract of sale herein. Accordingly
we respecfully request that the Board consider the within proposal
at the next meeting, February 21st, and advise me as to co~mnents and
suggestions as soon as possible.
JJS II;e
cc: Mr. &Mrs. Russell Freund
Robert W. Gillispie III
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
iomm
The undersigned applicant hereby applies for (~l~lil~) (final) approval o¥1 a/subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If tl~e applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under applicat~n.) Contract vendees fr~ John B. Pearson
2. The name of the subdivision is to be .~r. S~divisio~g~ss.ell.~.gl~0<..
. .. Fzeaud ....................................................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o{
deed suggested.)
4. The land is held by the applicant under deeds recorded in SuHolk County Clerk's o{{ke as
follows: John B. Pearson fr~ Edith H.M. Pearson who acquired
title ~
...... ............... ....... ........... O, .. lgPg...;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................
as devised under the Last Will and Testament of ... Edith .R.K.. ~9~ ..........
or as distributee .......................................................................
~. The area of the land is ~,.~ ....... acres.
6. All taxes which are liens on the land at the date hereo{ have been paid except ..........
second half 1972-73 $235.73
7.The land is encumbered by .. ~P .........................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page .................... in original amoun~
o{ $ ................ unpaid amount $ ................ held by ..........................
.......................... address ......................................................
(b) Mortgage recorded in Liber ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
(c) Mortgage recorded; in Liber ............ Page .................... in original amoum
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
8, There are no other encumbrances or liens against the land except ....... .n.o. Ixo. ...........
9. The land lies in the following zoni,ng use districts .. Res~der~[~l ....................
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cept none
11. The applicant shall at his expense install all required public improvements.
t2. The landi (I~:Re~) (does not) lie in a \¥ater District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
13. Water mains will be lai,d by ........ n..o.n..0 .................................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by .... .L.I..~.C..0 ..............................
and (a) (no) charge will be made for installing said
lines.
None
15. Gas mains will he installed by ............................................................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
To~vn of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions ~vith the proposed streets.
20. In the course of these proceedings, the applicant ~vill offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots shoxving all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicaut estimates that the cost of grading and required public improvements will be
a a~n road only "E"
$. ?. sMV.~.*. as itemized' in Schedule hereto annexed and requests that the maturity of
the Performance Bond be fixed at ...~Q.n.~.... years. The Performance Bond xvill be ~vritten
otherwis Schedule "E".
DATE .A.p.r. '.x.1...2.1. ................... 19.7.3.
(Signa~e and Title)
300 East 40th Street New York 10016
(Address)
STATE OF NEW YORK, COUNTY OF ...... I~..U?.I?.0.L.K; .................. ss:
au the ..... 2J.$K ....... day of ...A~I:'J. 1 ............. 19..?~., before me personally came
. ll~U. il.8.~.~...N.,..~...E.i.~..tl.o..r...C:...F.~..o.u..n.d., to me kuown to be the individual described in and wh,~
ackno~v]edged that
executed the foregoing instrument, and
Commission Expires March 30, 1974
STATE OF NEW YORK, COUNTY OF .................................. ss:
On the .................. day .............. of .......... , 19 ...... , be~ore me personally came
................................................ to me known, who beiug by me duly sworn did de~
pose and say that ............ resides at No .....................................................
................................................ that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ know~
the seal of said corporation; that the seal affixed by order of the board of directors of said corpor-
ation, and. that ............ signed ............ uame thereto by like order.
Notary Public
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (t, ex~v, ke) (final) approval o~dlvision plat
in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.) Contract venddes from John B. Pearson
2. The name of the subdivision is to be .l~lir~or..Subd-iv.is.~.en--R~s.se-~.l. ~..El.i:.ao~'. ·
· .. ~raa~d ....................................................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of
deed suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows: John B. Pearson from Edith H.M. Pearson who acquired
............... Page ....... ........... On
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
as devised under the Last Will and Testament of · ~d~,th.½,M,.~ea~son ...........
or as distributee ........................................................................
5. The area of the land is 2.3..16.4 ....... acres.
6. All taxes which are liens on the land at the date hereof have been paid except ..........
second half 1972-73 ~235.73
7.The land is encumbered by ...nO. ........................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page .................... in original amoum
of $ ................ unpaid amount $ ................ held by ..........................
.......................... address ......................................................
(b) Mortgage recorded in Liber ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
(c) Mortgage recordec~ in Libet ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
8. There are no other encumbrances or liens against the land except ....... ~O~,~ ...........
9. The land lies in the following zonl,ng use districts . ..R~siden~i~t ....................
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cept .... llOlle .........................................................................
11. The applicant shall at his expense install all required public improvements.
I2. The land, (~) (does not) li,e in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
13. Water mains will be laid by ........ rlc~O.O, ...............................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by .... LILC0 .............................
.................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by ......... .N.O..a?. .............................................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots sho~ving all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
~ ~,~ road on][M
$..-~.s-~u.~. as ~tem:zen m Schedule "E" hereto aunexed and requests that the maturity of
the Performance Bond be fixed at ... ~oxie... years. The Performance Bond will be written
by a licensed surety company unless otherwi~~~..~.Fi~~~ A
................... 19. .....
...3..0.0~, g .a.s..t..4.0.~..h., .S~r..e.e..t...~.e..w..¥9.r..k...1.0016
(Address)
STATE OF NEW YORK, COUNTY OF ....... S.UFEOLK .................. ss:
On the ..... 218. t: ....... day of ... ,~px;i~, .............. 19...7.3, before me personally came
. J.{u.s $1~13..N.,. ~. b'.l:Ll:tOr. L~,..l~r.~l,l~qc, l. to me known to be the individual described in and who
executed the foregoing instrument, and acknoxvlcdged that ...~.h.e.Y. ..... executed the same.
Notary
~ ~;)'uolifl~m Suffolk Coun~ No. 52-9091250
Commission Expire~ March 30, 1974
STATE OF NEW YORK, COUNTY OF .................................. ss:
On the .................. day .............. of .......... , 19 ...... , before me personally came
................................................ to me known, who being by me duly s~vorn did de-
pose and say that ............ resides at No .....................................................
................................................ that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of_ the board of directors of said corpor-
ation, and that ............ signed ............ name thereto by like order.
Notary Public
[leu, nq
L.~l~[~ 0 [~,,.,~T 0 [~.1 [ $, INC.
260 ISLIP AVENUE, ISLIP, N.Y.
APPROVED EY NEW YORK STATE DEPARTMENT OF HEALTH
LABORATORY NUMBER ~73~3 COLLECTED ]By (.i~. ~O~L~llidJt~) DArE COLLECTED
*ODRESS (l~l~4te ~ off earth ~4rbor ~oed. aeutb)],4, i1.1~.) OAr~ EEC~JV~O
DATE REPORTED
Color
PHYSICAL EXAMINATION
Irma (Fa) ~ ~ ~ Ammonia Free (as N) Ozyfen Consumed {0)
Chiorid~s (C~)
Manliness (Mn) ~ ~ ~ ~ A .... ia alb. (as lq)
Cra'ban Dioxido (C02) . ! ~ Nitrites (ss N) Hardness. torsi
Fluorides CF) ~ ~ Nitrates (u Iq) 1 s~ ~lkdinity (as CaCO3) 6 s~ _
~ De--tersest. ~ ~ PH vMee
BERNARD NEWMAN. Ch.E., M,S., Ph.D., Director
SUFFOLK COUNTY
DEPARTMENT OF HEALTH
SUFFOLK COUNTY CENTER
RIVERNEAO, NEW YORK 11901
April 24, 1973
Joseph J. Snellenburg,. II
Attorney at Law
So,.thole, N.Y. 11971
Minor subdivision--
e/s South Harbor Road
Southold
Dear Mr. S~ellenburg.'
We have received your letter of April 20, 1973, regarding
the above referenced project. Please be advised that we have
checked our files and located the well data for Lot #13, Nun-
neko~a Waters as requested.
With this data, we agree to waive the test well require-
ment for the four Iota being developed.
Very truly yours,
Rober~ A. Villa, P.E.
Chief
General Engineering Services
K. L. Dickerson
CH[STNUT ROAD -:- BOUTHOLD, N. Y.
Estimate On road to be constructed off South
Harbor Road.
920 feet of road, 25 feet wide built to
Southold Town specificationsf per Planning
Board Letter dated February 26, 1973 and
and Minor Subdivision Map dated May 2, 1973
$2600
00
ELIZABETH A, NEVH.LE
TOWN CLERK
KEGI~TRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TO~ CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBUC 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.
SECTION I.
TO: PLANNING BOARD
(Department or Officer, if known, that has the information you are reqU~-;esting.) '
RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title,/~t~tax mape~ ~ L~/I ~ t ~P~,_number' and any other~.~ pertinent~l~. I~A/~q ~:~'inf°rmati°n')(~t.~r/-~.
signature of Applicant:
Pri~lted Name:
Address:
Mailing Address (if different from above):
Telephone Number:
Date:
[ ] APPROVED
[ ] APPROVED WITH DELAY* [ ] DENIED*
Elizabeth A. NeVille
Freedom of InfOrmation, Officer
Date
'~ __ * If d~iayed er de~iell ~ee _rever~e ~ ~ e~tam. ,_
SECTION II. [For use by Freedom of Information Officer only.)
Your request has been DENIED or ~he reason(s) check below:
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
Confidential Disclosure
Part of Investigatory Files
Unwarranted Invasion of Privacy
Record of which this agency i~ lethal custodian, but cannot be found
Record is not'Maintained by this Agency
Exempted by Statute other than the Freedom of Information Act
Other (specifY):
-. Your request i~ ACKNOWLEDGED,
record until
Reason for delay:
There Will be a delay in supplying the requested
SECTION III. RIGHT TO APPEAL
YOU HAVE A RIGHT TO .APPEAL A DENIAL OF THIS APPLICATION IN WRITING
WITHIN 30.~DAYS OF THE DENIAL, 'CON~TA'CT THE SOUTHOLD TOWN BOARD (see
THE TOWN BOARD MUST RESPOND TO YOU IN/WRITING WITHIN TEN
below).
BUSINESS DAYS OF RECEIPT OF YOUR APPEAL. /
Southold Town Board
.Southold Town Hall
53095 Main Road
Southold, New York 11971
Telephone: (-~:~:~) 765-1800
ELIZABETH A. NEVH.LE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF IHFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBUC ACCESS TO RECORO$
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.
SECTION I.
TO: PLANNING BOARD
(Department or Officer, if known, that has the information you are request ng.) ·
RECORD YOU wISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title,/~ ( ~Yv'tax map~ L~/I ~ ~- ~'VLnumber' and any other~ pertinent._.~ F~(]'~ A ' ~'JA~ ~inf°rmati°n') ~.~-~
signature of Applicant: ~~
Printed Name: /~7 '/~
Address:
Mailing Address (if different from above):
Telephone Number: -~f ,~LT/~ ~C~ Date:
[ ] APPROVED
[ ] APPROVED WITH DELAY* [ ] DENIED*
Elizabeth A. NeVille
Freedom of InfOrmation, Officer
* If d~layed er ~ ~ee rever~e ~ far
Date
01/12 04 ~ED~.,~u~'" FAX 8~1 765 6148 $OT.'THOL[' TO~'N CLERK
~** Flannln~ [~001
OFFIC]~ OF TH~ TOWI~
~OW~ Or SO~
APPUCATION FOR 'PU~J. JC 'ACCESS TO ~C4~P,.OS
INSTRUCTIQHS: Ple~e complete SeeUon [ of thi~ ~orm and gJve'~ Tow~ Clerkte
Office (agency Fr~dom of'Information Offi~erl. One m~y ~iII ~A -&~u~ te ~-o~
~n res~flse to you.r request, or as an interim r~ponse,
· ECTI~N 1,
~: PLANNING BOARD
, (D~ar~ent or Office'S, if known, that has thd i~rmati~'y~ are ~ ting.]' ~
RE~ORO YOU WISH TO INSECT: (DescNbe"the ~cord aought. If possible, Supply
da~, file title, ~x map number, and any other pertinent in~rmation.)
Address:
Mailing Address (,if different from a~ove)*.
[ ]
F~m of Inferm&t~,'Oflt=er
Dal~:
t~, ...... ~ -, ,~
RECEIVED
[ ] OENIICD·
DEC 1 ,-'-',/,
Soothold Town Clerk