HomeMy WebLinkAbout1000-106.-1-41/
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the o~vner o{ record of the land under appl{catlon. (If the applicant is not the
owner of record of the land under application, the applicant shall state bls interest in said
land under application.)
2. The name of the subdivision is ~ CAPTAIN KIDD ESTATES
3. The entire land undter 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:
Liber ....... 6..2.2..9 ............ Page .... 3..~.3. ............... On . .S.~. p.~.e.ffi..b?.~.
Liber .. 6229 Page 372 On~ ....................... .
............................................. eptember 29,1967,
Liber ........................ Page ....................... On ....................... ;
Liber ........................ Page ....................... On ....................... ;
Liber ........................ Page ....................... On ....................... ;
as devised under the Last Will and Testatnent of .......................................
or as distributee ........................................................................
5. The area of the land is .~I~P.I~O.I~,..2 ....... acres.
6. All taxes which are liens on the land at the date hereof have been paid except .la..O..la..~.
7. The land is encumbered by ............................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber .~9 ........ Page .... ~.],6 ........ in original amount
of $... 31.,000 .... unpaid amount $.2..0., .0.0.0.: 0.0. .... held by D.A..I~....~.S..T.A..TE..I~. a .......
INC. ,, Smi=htoun~, L.I., New York
....... · .................................................
(b) Mortgage recorded in Liber .............. Page ................ in original amount
of ................ unpaid amount $ .................. held by .........................
........................... address .....................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of $ .............. unpaid amount $ .................. held by .........................
........................... address .....................................................
8. There are no other encumbrances or liens against the land except .. 11. ~ .B, .e ..............
9. The land lies in the following zoning use districts ...... .0.r).~...~....(.~.~.8..J..d..O.B:..I;.~.~..1.). .....
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
11. The applicant shall at his expense install all required public improvements..
12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is .~..~..~'.~...~K..~.O..ffil~..~.~.]f ............................
13. Water mains will be laid by ."..~l~l,r~l:13f..:~IXS. I;~..1..~..d... ................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by . .'~..~.]~.~.~..~.d.~..~..11.8..t;.~..]..~.~..d.: ............
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by -.. lrl011e..~:O..b.~. ;l, B8.g~.],~..~l~l .............................
and (a) (no) charge will be made for installing said mains.
16. If streets shown orr the plat are claimed by the applicant to be existing public streets in tbe
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 showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$.B.O..~.e. .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at...~..O...~..e.., years. The Performance Bond will be written by
a Iicensed surety company unless otherwise shown on Schedule "F".
(Name of Applicant)
59 l,/ashington AVenhe
B.e rg~n f.i, eId,..N.~w..J~.r s.ey ..............
(Address)
STATE OF NEW YORK, COUNTY OF .............................. , ss:
On the ................ day of .......................... , 19 ...... , before me personally came
............................................ to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ............ executed the same.
Notary Public
STATE OF N~E~V YORK, COUNTY OF ....N.]~....Y..0..R~.. ................. ss:
On the ....t'~ ............. day ..A.u. gu~.c...of ...............19.6..9... before me personally came
.............. .N..I..C~....C.Y.P.:.R.U..S ................ to me known, who being by me duly sworn did de-
pose and say that . .lie ....... resides at No...~'+....1~..I'..C.O..ri.:[...S.t;..~.e..e.~. ,..T..e.r!..tl.f..].y., ..............
.............. .N..e.~...J..e..r.8...~ ................... that .... .h.e. ................... is the .P..r.e..s.i.d.ent
.................... of ?.}5. ...........................
the corporation described irt and which executed the foregoing instrument;that ....h.~. ........ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that he .... signed...]3J~$ .......
.......... name theretg~'~ lil~e order. --
N0~ary Public, State of New Yor~
~0. 31-8161600-Qual. in New York R~,
Commission E~, ,: March 30, I? t
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of ~:he Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in
accordance wlth 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 the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The laud is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber ....... 6..2.2.? ............ Page ....
niber ....... 6..2.2..9 ........... Page .... 3..7.2. ............... onS .e.p.t..e..mb..e..t...2.9..~ .1..9..6.7.;
Liber ........................ Page ....................... On .......................
Liber ........................ Page ....................... On .......................
Liber ........................ Page ....................... On .......................
as devised under the Last Will and Testament of .......................................
or as distributee ........................................................................
5. The area of the land is ~,pI~ltOJ[,..2 ....... acres.
6. All taxes which are liens on the land at the date hereof have been paid except . rt.. O..Il..~.
7. The land is encumbered by .............................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber .52~ ........ Page .... ~.],~ ........ in original amount
of $... 3Z,01~0 .... unpaid amount $..2.Q, .0.0..0.,..0.0. .... held by .D.A..l~....E.S..T.A.T..E.S., .......
INC.
lk~d~_As, sSmithtown,~ L.I., New York
(b) Mortgage recorded in Liber .............. Page ................ in original amount
of ................ unpaid amount $ .................. held by .........................
........................... address .....................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of $ .............. unpaid amount $ .................. held by .........................
........................... address .....................................................
There are no other ,encumbrances or liens against the land except ...~...O...~...~ ..............
9. The land lies in the following zoning use districts ...... . .O['1..~...A....{r..~.8..i.d..~.~..g.:[?..]..). .....
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cep~ ...................................................................................
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (does not) lie in a ,VV~ater District or Water Supply District. Name of Dis-
trict, if within a District, is .~..'~....~..t~.g.~..r...~.O.l~.p..8..rl~. ............................
13. Water mains will Be laid by .-. ?..]..r..~?..dy...~.~.~.g..~..]:..].?.cl..o .................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by .7..a. ~r..e?..dT...t.n..s.t..a.l:..1.e..cl., .............
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be :installed by'..p.O..riO...~.O...b.?...]..~.8..~.8..]..Ir..~.d... ...........................
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 showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$.11.O..Il.? ....as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond he fixed at..~..O...~...e.., years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
DATE August .~ 69 NICK & NIKI HAIRSTYLISTS, lNG.
(Name of Applicant)
(Signature and Title) NICK P~/PRUS
59 Wash~.ngt:on Avert
de
. ! .e.r.s..e2 ..............
(Address)
STATE OF NEW YORK, COUNTY OF ............................... ss:
On the ................ day of .......................... , 19 ...... , before me personally came
............................................ to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ............ executed the same.
Notary Public
STATE OF NEW ,Y/~RK, COUNTY OF....N.E.I~...Y..0..R~.. .................. ss:
//~-- . August: of ., 196.9. .... before personally
On the .................. (lay ......................... me came
NICK CYPRUS to me known, who being by me duly sworn did de-
pose and say that . .h.~ ........ resides at No./4../4...1~...~?..O~J....S..t?..e?..t~...T.e..ri.8..f.l.y. ~ ...............
.............. .N.e.~...J..~.177..y ................... that ....h.~. .................... is the
NICK & NIKI HAIRSTYLISTS, INC.,
the corporation described in and which executed the foregoing instrument;that ...h..e ......... knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that he . .sillned...h.i..s ........ name thereto/b~)
............ l& order.
~. 3L8161600-QuaL in New York Co.
Commission E, March 30, 1970
PLA~N'NING BOARD IVIEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
January 6,1998
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
Efthalia Katos
46-14 243 Street
Douglaston, NY 11362
RE:
Certificate of Correction for Efthalia Katos
Lot 10 of Captain Kidd Estates
SCTM# 1000-106-1-41,48
Dear Ms. Katos:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, January 5, 1998:
WHEREAS, the parcels known as SCTM# 1000-106-1-41 and 48 are shown as
Lot #10 on the Map of Captain Kidd Estates which was filed in the Suffolk
County Clerk's office on January 19, 1949, and
WHEREAS, on September 1, 1970, the Planning Board approved a subdivision
of Lot #10 into two lots which are shown on the Suffolk County Tax Map as lots
106-1-41 and 106-1-48; and
WHEREAS, on August 20, 1980, the Planning Board approved a change of
right-of-way as shown on the map dated January 21, 1980; and
WHEREAS, Efthalia Katos is the owner of both lot number 106-1-41 and lot
number 106-1-48; and
WHEREAS, Efthalia Katos has merged lots 106-1-41 and 106-1-48 into one
parcel as described in the deed dated December 12, 1997, which has been sent
to the Suffolk County Clerk's office for recording; and
WHEREAS, Efthalia Katos has asked the Planning Board to remove the part of
the right-of-way which is located on part of lot 106-1-41 and part of lot number
106-1-48 since the lots #41 and 48 have been merged and the merged parcel
has access from Summit Drive; and
Page 2
Certificate of Correction for Effhalia Katos
January 6, 1998
WHEREAS, a Certificate of Correction has been submitted to eliminate the right-
of-way as shown on the survey dated November 10, 1997 from AES Corp.;be it
therefore
RESOLVED, that the Southold Town Planning Board authorize the Chairman to
endorse the Certificate of Correction to eliminate the right-of-way located on part
of lot number 106-t-41 and part of lot 106-1-48.
Copies of the recorded documents must be submitted to this office.
Please contact this office if you have any questions regarding the above.
Sincerely,
Chairman
cc: Rudolph Bruer
John Boufis, Building Inspector
CERTIFICATE OF CORRECTION
Sm'veyor:
Stephen E. Ravn, N.Y.S. Lic. No. 049664
d/b/a AES Corp., Plmufing, Engineering & Land Surveying
3760 Express Drive South, Islandia, New York 11779
Name of Map: "IVlap of Captain Kidd Estates", Lot # 10
Location:
Town of Southold
Suffolk County Tax Map Designation 1000-106-1-41 & 48
Owner:
Eilhalia Katos
23-14 38th Street
Astoria, New York
Correction:
Eliminate right of way on subject Lot #10 as merged.
Lot merged into I lot see attached deed, attorney letter, owner's
letter of merger, New York State Dept. Of Taxation and Finance
(form TP584) and Engineer letter.
Access is available from Summit Drive.
Executed:
Surveys of AES Corp., shows lot with and without right of way.
Approved:
This is to certify that the Planning Board of the Town of Southold
approved the map correction described herein by Resolution
dated , 1998..,~
,199
Bennett {Sr'[ows~; Jr., Ch~riman
Southold Planning Board
,.lAN '.) 1998
UNDA J. COOPER
Notary Public, State of NewYoCK,, r~
No. 4822563. Suffolk County ~
Term Expires December 31, 19 / \'
FROH : Psnasonic FRX SYSTEH PHONE ilO, : 7't,q_ 204 q4~ Dec. 3R t997 L~.~,$PII P~
CONSULT YOUR LAWYER eI~FORI: SlQNINO THIS INSTRUMENT--THIg INSTRUMENT SHOULD SI: USI:O BY LAWYI:Ra ONLY.
THIS iNDENTURE, made the 12 day of
BETWEEN
EFTHALIA KATOS
23-14 38%h Stree%,
December .19 97
Astoria, New York
party of the first part. and
EFTHALIA KATOS
23-14 38th Street, Astoria, New York
party of the second pert,
WITN~SSETH, that the party of the first part, in consideration of TEN and other good and
valuable consideration dollars
paid by the party of the second part, does hereby grant and release unto the party Of the second part. Ihs heirs
or successors and assigns of the party of the second part torever,
ALLthatcer~~in~~~t~piece~r~arce~of~and~withthebuildingsandimpr~vements~here~nerected~situa~e~
lyingandbeing~h~ at Mattituck, in the Town of Southold, County of
suffolk and State of New York, known and designated as part of Lot
10, in Block 1 on a certain map entitled, "MAP OF CAPTAIN KIDD
ESTATES" and filed in the suffolk County Clerk's office on January
19, 1949 as Map No. 1672, bounded and described as followsr
BEGINNING at a point on the Northerly side of Summit Drive, said
point marking the division line between Lots 9 and 10 as shown on
the aforesaid map;
RUNNING THENCE along the Northerly side of Sunm~it Drive, Nor[h
80 degrees 00 minu%es East, 113.26 feet;
THENCE Northwesterly along the division line between Lot~ 10 and
11 on said map, North 38 degrees 00 minutes West, 451.75 feet
a point along -the Southerly side of Sound Beach Drive;
THENCE South 5:2 degrees 00 minutes Wes~ along the So~t~e{ly side
of Sound Beach Drive a distance of 100Jfeet to the division line
between Lots 9 and 10;
THENCE south 38 degrees 00 minutes East along said division line,
408.21 feet to the Northerly side of said Summit Avenue, at the point
or place of BEGINNING.
Being the same premises coeveyed to the party of the first and
second parts by two deeds dated 12/30/96 recorded 1/22/97 in Liber llt
TOGETHER with all right, title end interest, if any, of the party of the first part in and to any streets and roads
abutting the above described premiaes to the center lines thereot; TOGETHER with the appurtenances and all Pa,
the estate and rights of the party Of the first part in and to sald premises; TO HAVE AND TO HOLD the premises 61
herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second ant
part forever. 6'
AND the party of the first part covenants that the partyof the first part has not done or suffered anything whereby
the said premises have Peen encumbered in any way whatever, except aa aforesaid,
AND the party of the first part, tn 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 Ihs riehl Io receive such consideration as a
trust fund to be applied ~irst Ior 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" shell be construed es if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, Ihs party of the first part has duly executed this deed the day and year first above written,
*Section 106.00 Block 01.00 Lots 041.00 and 040.00 are now owned as one
_, ?contiguous [~arcel.
t/ ....... ·
FROH : Panasor~ic FAX SYS;TEH PHOIIE HO. : 710 204 9491 [)mc. 30 1997 12:BCPH P4
STATE OF NEW YORK, COUNTY OF
pe,sona,,,came
to me known to be the individual/" described in and who
executed the foregoing instrq~/~nt, and ~cknowledged
that executed the sa~e' I/ /
Notary Public, Slate of New York
NO, 41 - ~85832
Qualified in Queens ~unty
Commission expires Feb. 17, 199fl
SS:
STATE OF NEW YORK, COUNTY OF
On the day of 19 , beforo me
personalty came
to me known', who, being by me duly sworn, did depose and
say that he resides at
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; thai it was so affixed by
order of the board pt directors of said corporation, and
that he signed h name thereto by tike order.
STATE OF NEW YORK, COUNTY OF
On the day of
personalty came
19 , 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 OF
On tbs day of 10 , 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
; that he knows
to be'the individual
described in and who executed the foregoing instrument;
that he, said subscribing wilness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name aa witness thereto.
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
Title No.
SECTION
TO
STEWART TITLE
INSURANCE COlVIPANY
250 PARK AVENUE
NEW YORK. NEW YORK [0IT/
Recorded at Rcqucst of STEWART TITLE INSURANCE
COMPANY
RETURN BY MAIL TO
Panasonic F:qX SYSTEbl PHOiiE HO. : 7~.8 204 9491 D~c. %~] 19~, '~'-~'' P2
]Z, H1Lip J, ]~ORNStI:EIN
December 30, 1997
To whom it may concern:
On behalf of my client, EFTHALIA KATOS, I have prepared
the enclosed Deed and necessary transfer documents to merge into
one Deed under one description two lots owned by Ms, Katos in the
Town of Southold. This Deed has been sent to the Suffolk County
Clerk's office for recording and the original will be available
upon its return by the County Clerk.
If any party should have any question~ regarding this
matter, please feel free to contact me directly.
v~y yours,
PHILIP J. BORNST~IN
PJB:ef
Eflhatia Katos
46-14 243 Street
Douglaston NY l 1362
December 12, 1997
Re: t.ot l O, Sound Beach fa Sonuuit Dr ye, Mattituck,
To Whom it May Concern:
I am the owner of both lots which at one time belonged to B, Kartsonis and A. Kartsonis.
Our atloney merged both lots and the dc.ed reads Efthalia Katos and the land from
Summit Drive througl~ to Sound beach is mine only.
The right of ~vay fi:om thc north lot and from the south lot are of no use since we have a
driveway 13om Summit Drive for the mergcd singlc lot. (,Lot 41 & 48 are merged lots.)
Thc right of way does not exist. There are trees and it is overgrown. It was never used to
tiais day.
If you have any questions, please call me at 718-932-5600. Thank you.
. ' Efthalia Katos
FFIDM :
sttr~eyors
~¢760 E~'press Dnvc South
Hla~uJia. N. E Il?70
Ph, (516) 342-92~2
Fa~ (516~ jtd2.921X
A.E.S.
engineers
~,ES ClnRP
t 9 I~-~.
CORP.
~ architects
planners
P,O, I~a~ 589
Westbury., N.): 11590
Ph. (516) 8'22.5589
Fat ¢516) #22-$59S
N ,veml:)er 13, I o97
Town of Southoid
Building Department
Main street
$outhold, NY
RE:~..,b-o,j. IZ~0= 106-1.4 ! & 48. Sound Beach Drlw. Mattituelt
To whonl it rna), concern,
I received a phone call from our client on the above mentioned parcel, stating thai there was a
"Stop work" order posted on fl~e property, regarding the Right of Way acro~ the property. The Right of
Way as shown on an amendment to the map of "Captain Kidd Esta(es" was intended to provide access
to the northerly portion of lot l0 which is now contiguously owned with the. southerly portiotl by our
client. Abandoning the Right of Way at our Easterly property line will not affect or deny ~¢c~ss to any
edjoining prop~rty owners, and is no longer ~qtflred thro~lgh lot 10.
Sincerely....'"' /-~/"
,- -,-~ ,/ // '
Louis (-.all w$o,,¢ ,'
Office Manager
PLA~NNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chai~an
~I~M J. CREMERS
~NNETH L. EDW~S
GEORGE RITC~E ~, OR.
RIC~ G. W~
Town Hall, 53095 ),lain Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
Januaw 6,1998
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Efthalia Katos
46-14 243 Street
Douglaston, NY 11362
RE:
Certificate of Correction for Efthalia Katos
Lot 10 of Captain Kidd Estates
SCTM# 1000-106-1-41,48
Dear Ms. Katos:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, January 5, 1998:
WHEREAS, the parcels known as SCTM¢ 1000-106-1-41 and 48 are shown as
Lot #10 on the Map of Captain Kidd Estates which was filed in the Suffolk
County Clerk's office on January 19, 1949, and
WHEREAS, on September 1, 1970, the Planning Board approved a subdivision
of Lot #10 into two lots which are shown on the Suffolk County Tax Map as lots
106-1-41 and 106-1-48; and
WHEREAS, on August 20, 1980, the Planning Board approved a change of
right-of-way as shown on the map dated January 21, 1980; and
WHEREAS, Efthalia Katos is the owner of both lot number 106-1-41 and lot
number 106-1-48; and
WHEREAS, Efthalia Katos has merged lots 106-1-41 and 106-1-48 into one
parcel as described in the deed dated December 12, 1997, which has been sent
to the Suffolk County Clerk's office for recording; and
WHEREAS, Efthalia Katos has asked the Planning Board to remove the part of
the right-of-way which is located on part of lot 106-1-41 and part of lot number
106-1-48 since the lots #-41 and 48 have been merged and the merged parcel
has access from Summit Drive; and
Page 2
Ce~ficate of CorrecQonforEffhaiia Katos
Janua~ 6,1998
WHEREAS, a Certificate of Correction has been submitted to eliminate the right-
of-way as shown on the survey dated November 10, 1997 from AES Corp.;be it
therefore
RESOLVED, that the Southold Town Planning Board authorize the Chairman to
endorse the Certificate of Correction to eliminate the right-of-way located on part
of lot number 106-'1-41 and part of lot 106-1-48.
Copies of the recorded documents must be submitted to this Office.
Please contact this office if you have any questions regarding the above.
Sincerely,
Bennett Orlowski, .Jr.
Chairman
cc: Rudolph Bruer
John Boufis, Building Inspector
Southold, N.Y. 11971
(516) 765-1938
August 5, 1985
Mr. Jack Lefkowitz
25 Downing Avenue
S~a Cliff, NY 11579
Re: Access roads within Captain Kidds
Estates, Minor subdivision for
Nick and Nicki Hairstylists
Dear Mr. Lefkowitz:
As per your request, enclosed herewith are copies of
the road reports from John W. Davis regarding the above mentioned
access roads.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
Southold, N.Y. 11971
(516) 765-1938
March 27, 1984
M~. Lefkowitz
25 Downing Avenue
Sea Cliff, NY 11579
Dear Mr. Lefkowitz:
As per your request enclosed are copies of the
Declaration of Easement.
I have sent the earlier declaration as it appear~ upon
review of the fil~ that the later one was never filed
with the County Clerk.
I hope this will be helpful in obtaining the
enc.
LILCO service.
Very truly yours,
HENRY E. RAYNOR, JR. CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
~~M.~~tary
Southold. N.Y. 11971
(516) 765-1938
April 2, 1984
Mr. James V. DeLucca
12 Linda Lane East
Riverhead, NY 11901
Dear Mr. DeLucca:
The following action was taken at a special meeting of
the Planning Board.
RESOLVED that the Sou%hold Town Planning Board accept Inspector
John W. Davis' report NO. 348 with regard to the access to lot
No. 13 within the subdivision of Captain Kidd Estates.
If you have any questions, please contact this office.
A copy of the report is enclosed for you~ review.
Very truly yours,
HENRY E. RAYNOR, JR, CHAIRMAN
SOUTHOLD TQW~ PLANNING BOARD
By Di~e M. Sc~ltze, S~cretary
enc.
P, D
Southold, N.Y. 11971
(516) 765-1938
March 1,1984
Mr. Jack Davis
Sterling Road
Cutchogue, NY
11935
Dear Mr. Davis:
Our office has been advised that an inspection is needed
wihtin the subdivision of Captain Kidd Estates for compliance
with a 280-a, (see enclosed letter).
Would you please inspect the access road to Lot 13 within
this subdivision and advise our Board if the ascess is
satisfactory or if any improvements need to be made.
Thank you for your assistance.
Very truly yours,
HENRY E. RAYNOR, JR, CHAIRMAN
SOUTHOLD TOWN P_~ANNING BOARDA
~ian~. S~h~~re t~y
FEB 23 1984
Mr. James V. DeLucca
12 Linda Lane East
Riverhead, New York
February 15, 1984
11901
Town of Southold
Planning Board
Main Road
Southold, New York
11971
To Whom It May Concern:
As per my phone conversation on this date with the
Secretary to the Planning Board, I hereby request an inspec-
tion for compliance to Local Law 280A.
If any improvements are required to the right of
way to Lot 13 in the subdivision known as Captain Kidd Estates,
I would greatly appreciate having these requirements in writ-
ing as soon as possible. At the present time I have submitted
all the required papers to the Building Department for a build-
ing permit and this seems to be the only problem to rectify.
Your prompt attention to this matter will be
appreciated so that I can obtain my building permit as
possible.
greatly
soon as
Ve~ truly your~,~
James V. geLucca
HENRY E. RAYNOR, Jr.. Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
SLaY
Southold, N.Y. 11971
September 21, 1983
TELEPHONE
765- 1988
Mr. Jack Lefkowitz
25 Downing Avenue
Sea Cliff
New York 11579
Re: Nick & Nicki Hair Stylists
Access Road
Dear Mr. Lefkowitz:
The following action was taken by the Southold Town
Planning Board, Monday, September 19, 1983.
RESOLVED that the Southold Town Planning Board accept
Inspector John W. Davis' report #319 with regard to improve-
ments to the access road within the minor subdivision known
as Nick & Nicki Hairstylists, Inc. and compliance with said
recommendations.
A copy of the above report has been enclosed for your
review. Our Board requests that we be notified at least
two (2) days prior to any construction.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enc.
By Susan E. Long, Secretary
HENRY E. KAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHlE LATHAM, Jr.
WILL[AM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
August 16, 1983
Mr. John W. Davis
Sterling Road
Cutchogue, New York 11935
Re: Nick & Nicki Hairstylists, Inc.
Dear Mr. Davis::
Enclosed please find copy of the map showing properties
of the above captioned subdivision.
Would you please inspect the area and advise our Board
any comments and/or recommendations regarding improvements
that might be necessary for the issuance of a Building Permit.
Thank you for your cooperation.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enc.
By Susan E. Long, Secretary
,MAR 13 1984
Henry E. Raynor, Jr., Chairman
$outhold Town Planning Board
REPORT NO. 348
~ROM: John W. Davis
DATE: March 8, 1984
ACCESS ,13 LOT NO. 13 (1~x parcel 44 District 1000 Sec. 106
Block I) Subdivision Map in Captain Kidd Estates for Nick
and Nicki Hair Stylists, Inc. dated January 21, 1980 -
Amended March 6~ 1980
I inspected the access situation for the above northerly half of Lot No. 13 as
follows s
?he only entrance to this parcel is the full length cf the existing roadway in the
15 ft. width R.O.W. as shown on the Van Tayl Map. ?he 15 ft. R.O.W. is made up
from a 7.5 ft. easement from each adjacent parcel in the southern half of Lots
12 and 13. Both of these parcels are presently owned by J. Bloom.
?he map also shows a R.O.W. 12.5 ft. in width with a length of 25 ft. within parcel
44. there is a difference in elevation between the existing 15 ft. R.O.W. and the
original surface at parcel 44 where the R.O.W.'s coincide.
I made an inspection of all of the R.O.W. shom~ on the above map on August 26, 1983
(Report No. 319) with recommendations for the roads. ~he short 25 ft. R.O.W. between
the northerly sections of lots 12 and 13 was not mentioned specifically in that
repot t.
Also, added to the Van T~yl map "Change of right of way approved by resolution dated
August 20, 1980 subject to (1). ~he users of the right cf way having the legal right
to do SO"o
No work on the roads as reco~nended in Report No. 319 has been done.
Recommendations ( this reper t):
Update the road surface~n the 15 ft. R.O.W. with~A" of plant mix blacktop
(Town specifie_~tions)for wearing surface. ?eather out asphalt at gutter on
side.
2. Place fill ~o slope an entrance from the existing road in the 15 ft. R.O.W. to
the O.S. in parcel 44.
3. Use a road width of 12 ft. on the fill.
4. Place an 8" subbase course of compacted bankrun containin~ 25% or more cf gravel
and 15% or m~re of loam on the fill.
5. Place a 2" top course (Town Specification) plant mix blacktop on the bank run.
T~rning emergency vehicles in this subdivision will have to be done via driveways
or par~ing areas in the lots.
JOHN W. DAVIE
TO:
i:enry E. Raynor, Jr., Cilairman
Southold Town Planning Board
REPORT i0. 319
FRON: John W. Davis DATE: August 26, 1983
~tI01:. <~ NICKI }~iR STYLISTS,
DATED
ACCs~ ROAD I~IAP 1/21/80
This subdivision is located in an area.with extreme variations in
elevation. No contours are shown on t~e map. For exa~aple, con-
tours from Suffolk County maps show an elevation of 117.0 in the
southerly subdivided part of Lot iio. 11 and an elevation of 75.0
on Summit Drive 200 ft._+ from and opposite elevation 117.0.
There is an existing paved access drive 10 ft. in width presumably
within the 15 ft. R.O.W. I could not find the Van Tuyl montm~ents
to verify the location. The pavement is a mixture of plant mixed
macadam and crushed stone. There is some surface raveling. There
is an asphalt gutter 18" wide and 5" in depth on the right side for
most of the 15 ft. R.O.W. length. This access profile meeti~ Stmlmit
Drive (first ~0 ft.) is over 15~ as shown by a field check.
The subsoil in the 25 ft. R.O.W. is fine sand. From visual observa-
tion, I smi assuming that most of a road profile in this R.0.W. will
be iii excess of 103~. Road profiles over 10i~ should have rigid type
'top courses, plant mixed asphalt or equal.
The owners should have Vail ~uyl run an 0.o. profile on ~ne entire
R.O..,'. and including the 15 ft. section to determine tile additional
road grades.
Retain the 10 ft.~ pavement and asphalt gutter ir: the 15 ft.
~vitn 1~~'' of plant mix (Town specifi-
~.0 .... Update the surface "'
cation for black top wearing course). Feather out asphalt at
gutter on right side.
2. Dse a road width of 12 ft. in the 25 ~.~= R.0.W.
Place a 8" subbase course of compacted bankrui: material con-
oamn~ng 25~J or more of gravel and 15~'o or more of loam on the
12 ft. width.
Place a 2~~'' top course (Town specification) plant mix macadam
on the ba~Jzrun.
5. Iiistall aspl:alt gutters oii both sides of pavement. Gutters to
conform to shape as existing at road iii the 15 ft. R.O.W.,
to be l~- in t~ickness and placed on 6" of bankrun.
HENRY E, RAYNOR, Jr., Chairman
FREDERICK E GORDON
JAMES WALL
BENNETT ORLOWSKI. gr.
GEORGE RITCHIE LATHAM. Jr.
TO D
$
Southold, N.Y. 11971
October 7, 1980
TELEPHONE
765- 1938
Mr. James Bitses, Attorney
Main Road
Southold, New York 11971
Dear Mr. Bitses:
Enclosed please find copy of map regarding properties of
Charles, Christie, Tallas and Bloom. The conditions of approval
are noted on the map.
I have placed a copy of this map along with the conditions
in each file that it pertains to.
Yours truly,
Enclosure
Muriel Tolman, Secretary
JAMES BITSES
September 29, 1980
Planning Board
Town of Southold
Suffolk, New York 11971
Atth:! Muriel Tolman
Re: The Matter of Cyprus
Dear Murieh
In the above matter, enclosed please find three additional copies
of the map as approved by the Planning Board. It is my under-
standing that the said right-of-way is conditioned on the following:
A. Users legal right.
B. Improvements of the right-of-way up to
specifications of Planning Board.
With kindest personal regards.
JB/bm
encls.
Yours truly,
/James Bitses
HENRY E. RAYNOR, Jr.. Chairr~an
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr,
GEORGE RITCHIE LATHAM, Jr.
P
TO ,D
S
Southold, N.Y. 11971
August 29, 1980
TELEPHONE
· 765- 1938
James Bitses, Esq.
Main Road
Southold, New York 11971
Dear Mr. Bitses:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 20, 1980.
RESOLVED to approve change of right-of-way for resubdivided
lots 10, ll, 12 and 13 of "Map of Captain Kidd Estates", map dated
January 21, 1980 and amended March 6, 1980, subject to the
following:
The users of the right-of-way having the legal right to
do so.
2. Receipt of three additional copies of the map.
3. The right-of-way being improved to the specifications of
the Planning Board Inspector.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
HENRY E. RAYNOR. JL. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM. Jr.
TO ,D
S
Southold. N.Y. 11971
August 5, 1980
TELEPHONE
765- 1938
James Bitses, Esq.
Main Road
Southold, New York 11971
Re: Application for Cyprus
Dear Mr. Bitses:
I am enclosing the opinion of the town attorney in regard
to the above matter. The Planning Board has directed me to
send same to you.
The Planning iBoard has not yet made a decision on the
matter but will do so on the meeting of August 25th.
Yours truly,
HENRY E. PJ~YNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enclosure
By Muriel Tolman, Secretary
HENRY E. RAYNOR, Jr..Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM. Jr.
SLaY
Southold, N.Y. 11971
August 5, 1980
TELEPHONE
765- 1938
Leonard J. Meiselman, Esq.
54 Willis Avenue
Mineola, New York 11501
Re: Dorothy and Jerome Bloom
Our File No.: MB65/77A
Dear Mr. Meise!man:
I am enclosing the opinion of the town attorney in regard
to the above matter. The Planning Board has directed me to
send same to you.
The Planning Board has not yet made a decision on the
matter but will do so on the meeting of August 25th.
Yoo_r s truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enclosure
By Muriel Tolman, Secretary
LAW I~FFI I~E~
.lAMES BITSES
July 17~' 1980
Planning Board
Town of Southold
Main Road
Southold;" New York 11971
Attention:I Muriel Brush
Re:j _Application for Cyprus
Dear Muriel:I
I tadS<' a conversation with Bob Tasker? the town
attorney~ and he stated that he would speak to the chair-
man of the Planning Board regarding the above matter.~
He further directed that you place this matter on the
next agenda. Accordingly, would you set us down for
the next rneetLug of the Planning Board which I believe
is the evening of Monday, July 28th.~
Yours truly,
James Bitses
JB:~nb
H~NRY E. RAYNOR,$r..Ch~frman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. ~.
GEORGE RITC~E LATHAM, Jr.
Southold, N.Y. 11971
July ll, 1980
TELEPHONE
765- 1938
Robert Tasker, Esq.
Main Street
Greenport, New York 11944
Dear Mr. Tasker:
Pursuant to last night's conversation, enclosed please
find covering letter regarding the Cyprus question.
· Please give us a written opinion concerning same. I
enclose the pertinent papers from the file.
Yours truly,
HER/mt
Enclosures
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
July 1, 1980
Robert Tuker. Esq.
Southold Town Attorney
Main Street
Gz~enport0 New York 11944
Captain Kidd Estates
Lots I0-13, lneluai~e
Application to Ptasal~
Board for approval of
Dear, Mr, Tasker~
feet
Bce, rd and outlined
of a ~ access
Mrs. Christie, Mr. and
I~te 10
for ~ 10 and 11 indicates access
terrain, however, fndtcatsd
lots on Summit Drive was a
m[ this cliff was between 40 and 60
was between 35 and 60 depress.
, the access as indicated wu
As a result, various lndividtlals Joined to
-of-way fr~m the owner of the dominant tenemant,
George and accordin~ an euement of access was filed with
the Suffolk Coun~ Clerk on July 31, 1976, being recorded in Llber
8089 pg. 13-18 on August 18, 1978,
At the time of the said easement, which is marked Exhibit 1
in my letter, George Alders, the grantor, was the owner of Lot 13
South which was later sold by him to Jerome Bloom. Bloom therefore
had actual notice of the said easement and carmot be heard to complain
2
matter of law.
~ ~ ~ ~ ~ ~r ~t-~w~ ~ a
]e t the ten
lefal aeticas were,
burden eta the
in effect,
process. A person
eoudemnaitcu mid
circumstances would sub-
Whether cF not rely of these
an unnecessary expense and
You admit t
nothin_~
in denial by b PIs,rainS Board -,~unts
their properS. Would yal beinnee
and unwarranted outcry of ~oom?
rfp heavflF in our frier, and, in hot,
me&les oil the mtde of' ]M, oom.
it if you would Iota oyer m0, letter dated
with b e:d~bits attaehod thereto. I have trt~d to
the lsm~e as much aa possible and hope that I have
~Uc~eeded. If y(m ha~e an~ queetLmu, I will be glad to discuss
wi~h you with a ,;few toward an amicable conc~tmtan of ~ appLteatl~n.
,~s~rflefs Bitses
.tAMES BITSES
MAIN ROAD
July 1, 1980
Planning l:;oard
Town of Southold
Southold, }New York 11971
Re:I
Captain Kidd Estates
Application of Nick Cyprus
et aux.
Gentlemen:i
Enclosed please find copy of a letter sent this day
to Robert Tasker, the town attorney. I hope that at the
next sitting of the Planning Board this matter can be
amicably concluded..
Yours truly,
~/~ames Bitses
JB:~b
enclosure
· iAME:S e~TSE:S ~ ,~.%
May 30, 1980
Planning Board
Town of Southold
Southold, New York 11971
Re:~ Captain Kidd t~tates
Lots No. 10 through 13 inclusive
Applicants: Nick Cyprus, Nick Charles,
James Talas and Francis
Christie
Gentlemen:
On Monday, May 19th, I appeared before the Planning Board
and set forth the reasons why the proposed right-of-way of the above
applicants shou/d be granted. I was asked at that time to write a
brief statement of outlining my arguments. The following is the said
statement.
1. Some time prior to July 31, 1976 the above applicants indi-
vidually purchased Lots 10, 11, 12 and 13. Since these lots were pur-
chased individually, they became part of minor subdivisions. Lots
10 and ll had access in a southerly direction to Summit Drive.
2. At this point I must digress to indicate that the land
occupied by the said lots is a high ridge bounded on the north by
Sound Beach Drive and bounded on the south by Summit Drive. The
border of lots il), 11 and 12 facing Summit Drive is a topographic
cliff approximately 50 to 75 feet in height and the face of the said
cliff has a slope of approximately 40 to 60 degrees.
3. It became apparent to the purchasers on physical exami-
nation of the premises that the said right-of-ways as indicated on
the filed maps with the Planning Board could not be implemented
because of the impossible terrain.
2
4. Accordingly, and on the 31st of July 1976, the said appli-
cants purchased an easement of access from George Ahlers of
Cutchogue, New York. Mr. Ahlers was the prior owner of the
said lots and, in effect, the owner of the dominent tenement. Appen-
ded hereto and made a part hereof marked Exhibit No. 1 please find
copy of the said easement of access which was recorded in Liber
8089 pg. 13-18 and to which was attached a survey made by Young &
Young dated June 9, 1976 attached hereto and made a part hereof
marked Exhibit No. 2.
5. Fully one year later and on or about May 4, 1977 Jerome
Bloom purchased the southern half of Lot No. 13 from Nick Cyprus
and a dwelling was built thereon. The easement of access, having
been recorded almost a year earlier, was prior to the purchase by
Jerome Bloom of the said premises. As a result thereof, at the
time of purchase, Bloom took with constructive notice of the ease-
ment of access. Attached hereto and made a part hereof please find
a copy of the letter of Jerome Bloom dated April 17, 1980 marked
Exhibit 3.
6. It is your deponent's contention that this letter suffers
from a fatal defect. The fatal defect is that the attorney for Bloom
was not aware of the easement of access dated July 31st, 1976.
Because of this, the contentions,statements and allegations made by
the attorney for Bloom are invalid and have no basis in law whatso-
ever. It is your deponent's contention, therefore, that the said
letter marked Exhibit 3 must legally be disregarded by this Planning
Board in any consideration of this application.
7. That, at the request of the applicants above, your
deponent was asked to examine the survey of Young & Young dated
June 9, 1976 marked herein as Exhibit 2. A cursory examination of
the said survey reveals gross errors as to lots 10 and 11.
8. Accordingly, on or about January 21st, [980 composed a
new Declaration of Easement designed to correct the gross survey-
ing errors made by Young & Young. Coincident with this new
Declaration of Easement, your deponent caused a new map to be
executed by Rod Van Tuyl, Surveyor of Greenport. The said map
was dated January 21st, 1980 and was appended to and made a part
3
of the Declaration of Easement. Said Declaration of Easement or a
copy thereof and the said map marked Exhibits 4 and 5 are appended
hereto and made a part hereof.
9. An inspection of the two surveys side by side shows that
the errors of Young & Young were confined only to lots 10 and ll and
in no way affected lots 12 or 13. It was for the purpose of correcting
the erroneous rnap that the new Declaration of Easement dated
January 21st, 1980 was executed. It is this Declaration of Easement
which Jerome Bloom, owner of the southerly part of lot 13 refused to
join in.
10. As a result of the refusal of the said Bloom, the Planning
Board will note that the easement is 15 feet wide in the vicinity of
Bloom's lot. the said distance being the distance of the original grant
by George Ahlers. At the point at which the right-of-way no longer
interacts with the land of Bloom, the contiguous owners have joined
for the purpose of upgrading same and the width from that point for-
ward is 25 feet. Your deponent has marked the map of Rod V~an Tuyl
dated January 2]~st, 1980 Exhibit 5 herein with red lining to indicate
the 25 foot right-of-way and green lining to indicate the 15 foot right-
of-way.
ll. As stated herein, it is our contention that Bloom is a
stranger to this application since any and all changes called for by the
applicants in no way affect his property. I further point out that it
is the objection of Bloom which forces the applicants to accept a 15
foot right-of-way in the vicinity of his lot. I need not point out to the
Planning Board that t5 feet is substandard and that the 25 foot right-
of-way with the 15 foot radiaced curves that we have built into it is
properly designed to accommodate the fire equipment of the Town of
Southold. We have raised this point with Bloom but he remains
obdurate. Further, we have mentioned to Bloom the fact that it is in
the interest of tJae Town of Southold that right-of-ways be standardized.
and that the minimum size generally acceptable in this town is 25 feet.
Again, Bloom remains obdurate.
12. The reason that a new right-of-way had to be purchased
from George Ahiers was because of the unusual topography of the lots.
It is impossible to access lots 10, ll and 12 from Summit Drive
4
because of the cliff which runs along the northerly side of Summit
Drive at that location, a point we have raised earlier in this appli-
cation.
13. In summation, let me make these points:i
a - the lots in question individually comprise paris
of a minor subdivision.
b - the right-of-ways indicated on the southerly
side of lois 10 and 11 look fine on paper but are
impossible of execution because of the cliff along
Summit Drive at that location.
c - as a result thereof, the various applicants
joined to purchase a new right-of-way from George
Ahlers, prior owner of the dominent tenement.
d - that fully one year after the said easement had
been recorded, Jerome Bloom purchased his lot. He
therefore purchased with constructive notice of the said
easement.
e - the said Bloom therefore cannot be heard to
complain at this time, and any complaints raised by
Bloom concerning the said easement are without
basis in law and should be disregarded, as a matter of
law by this Board.
£ ~ that, on or about January, 1980 your deponent
was retained to correct a gross defect in the map of
Young & Young marked Exhibit 2 herein.
g - your deponent hired Rod Van Tuyl, Surveyor of
Greenport and a revised and corrected map was completed
on January 21st, 1980. The said corrected map also varied
from the prior map in that the right-of-way adjacent to the
property of the above applicants was widened to a width of
25 feet.
5
h - [he said application is before this Town Board and
represents an improvement of this area and a raising of
the standard of the right-of-way from 15 feet to 25 feet with
15 foot radiaced curves. As such it represents an improve-
ment of [his particular area and an approach to the stan-
dards required presently by the Town of Southold.
14. For the reasons enumerated above, your deponent
respectfully requests that the Declaration of Easement dated January
21st, 1980 and the map of Roderick Van Tuyl dated January 21st,
1980 showing the revised easement be accepted and approved by the
Planning Board.
Thanking you for your courtesy, I am,
Yours truly,
James Bitses
JB:rnb
April 17, 1980
Planning Board
Town of Southold
Town Hall
Southold, N.Y. 11971
Att: Ms. Muriel Brush
Re: Dorothy and Jerome Bloom
Our File No.: MB65/77A
Dear Ms. Brush:
We are counsel to Dr. and Mrs. Bloom, the owners of
a part of Lot 13 in Block 1 on a certain map entitled "Map of
Captain Kidd Estates" and filed in the Suffolk County Clerk's
Office on January 19, 1949 as Map No. 1672.
We are in receipt of a letter addressed to you under
date of April 1, 1980 by Mr. James Bitses, the attorney for a
Mr. Cyprus with respect to a "Cyprus Subdivision".
We note that the proposed declaration refers to a
declaration of easement recorded May 29, 1978 in Liber 8435 at
Page 98-103.
We have obtained a copy of such declaration of ease-
ment which appears to be dated February 20, 1978 and call to your
attention that one of the owners of premises referred to in the
subdivision is a George Ahlers. Mr. Ahlers conveyed the premises
presently owned by our clients to our clients on May 4, 1977.
Accordingly, he could not have been properly a party to the
declaration of easement of May 29, 1978 since he was no longer
an owner or in possession. We also note that, although we are
the title owners as of the date in question, we were not made
parties to such a declaration of easement.
Planning Board
Town of Southold
Att: Ms. Muriel Brush
April 17, 1980
Page 2
Since the change of the right of way will effect the
traffic and other conditions of such ~g~h~gl~-way by~a~i~g the
right of way available to more plots than were originally intended
and would appea~ at the present time, to interfere with the use of
our premises and our rights under such right of way.
It is, therefore, respectfully suggested that,until such
time as an agreement may be worked out between our clients and the
other title owners of the subdivision, the approval of the new and
proposed easement be held in abeyance.
Very truly yours,
LJM:ri
cc: James Bitses, Esq.
LEONARD J. MEISELMAN
S£p 4 986
To: Bennett: Orlowski, Jr., Chairman Report No. 536
Southold Town Planning Board
From: 3ohn W~. Davis
Date: September 1, 1986
Re:
Nick & Nick Hairstylists, Inc. - Section of Captain Kidd
Estates at Summit Drive and Miriam Road - Improvement to
Access Road.
Comments:
Updated work on the accees road waa done by Corazzini and Sona.
I was not notified when this work was to be started and did not
witness any of the construction.
Inspection of the work indicates that the recommendations as shown
in Report No. 348, dated 3/8/84 have been done as foliows:
Asphalt bankr~Jn top course has been placed in the 15 ft. R.O.W. and
for 100 L.F. in the 25 ft. R.O.W. The remaining length in the 25 ft.
R.O.~. was notL done - (not requested according to Corazzini). There
are asphalt entrances and parking areas from the improved road at
lot nos. ll and 12.
According to Corazzini records , 76 tons of bankrun mix were used
( not including entrances, etc.).
Based on lengths, widths and depths of asphalt used, the 76 tons
would comply ~ith requirements as of Report No. 348.
The pavement work is in good condition and I would recommend approval
Of same.
s
STA OF N~V~ YORK, COUNTY OF olk is,
On the ~)/'~ day of ~uly '~ 76, before mc
per~ana~y came GEI~RGE AHLERS
to me known to be the individual descnq~d in and who
executed the foregoing instrument, tnd acknowledged .that
he executed the same ~ ~OM-' '~' --
STdlkTi MI NIW YOIHC, COUNTY OF as;
On the day iff 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
sa)' that he r~ides at No.
;
that he is the
, the corporation described
in and which execute, the {otzgoml~ instrument; that he
knows the seal of said 'corporation;' that the seal affixed
to said insixument is such corporate seal; that it was so
affixed by order o{ the board of directors of said corpora-
tion, and that e.~ae si~ned h name thereto by like order.
ST&I'~ OF NEW YORK, COUNTY 0c mm
On the day of 19 , be£ore me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
$?,-%Y~ O~ NE~V YORK.. COUNTY OF is:
On the dayof 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 wbn executed the {oregoing instrument;
that he, said substdbing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
TITLE NO.
GEORGE AHLERS
SECTION
BLOCK
LOT 13
COU~T~ of Suffolk
Town of Southhold
State of New York
NECK CYPRUS, N~ CHARLES,
JAMES TALAS and PARLE TALAS,
FRANCIS J. CHRISTIE and CLAIRE
M. CHRISTIE
Recorded At Request of The Title G~trsntee Company
RliTU~A~I BY MAlL TO:
~ mD~Wll3RF~ made me ~/~ day ~ July
BgT%%~F.N GEORGE AHLERS, residing at
New York, party of the first part,
· ~n~ humd~ed and seventy-six,
25 Cox Lane, Cutchoque,
AND CYPRUS & CHARLES N.Y.CO., a partnership, having its place
of business at 43 Sound Beach Drive, Mattituck, New York;
NICK CYPRUS, residing at 44 Marconi Street, Tenafly, New Jersey;
NICK CHARLES, residing at 59 Bradley Avenue, Bergenfield,
~~x~ml~k New Jersey; JAMES TALAS and PARIE TALAS,
both residing at Summit Drive, Mattituck, New York;
FRANCIS J. CHRISTIE and CLAIRE M. CHRISTIE, both residing
at 1 Bernard Street, Northport, New York,
party of the s~ond part,
~, that the p~ of t~ fi~t part, in consideration of ten ~rs paid ~ the party ~ t~ second
part, do~ ~r~y remise, rde~e ~d q~tclaim u~o the par~ o£ the second par~ ~e hd~ or smmessors ~d
assi~s of ~e party of the s~o~ part ~rever,
ALL that certain ~ot, pi~e or ~ of land, wi~ t~ b~ldi~s aM ~provemm~ ~ermn ~ect~, fit~,
~i~dbeing~lllI at Mattituek, in the Town of Southhold, County
of,Suffolk,.in~the State of New York, as shown on a certain
survey made by4Young & Young dated June 9, 1976, No. 76-453,attached,
being that portion of the southerly part of Lot 13 as shown
ion said survey in the form of an easement only for the purpose
of ingress and egress over the said right-of-way shown on
said survey. It is the intention of this conveyance that
the use of the right-of-way can be made by the owners of Lots
10, 11, 12 and 13 as shown on the "Map of Captain Kidd Estates
filed in the Suffolk County Clerk's Office on January 18,1949
as Map No. 1672", as the same now exist or may hereafter be
sub-divided.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads ..ab.utting the above, described premises to the center lin.es thereof; T. OGETHER with th~ appurt~
aha a~l me estate and rights of the party of the first part m and to smd premises; TO HAVE AND TO
HOLD the premises herein granted unto the pm'ty of the second p~t, the h~irs or suee.~ors ~md ~ of
the party of the second part forever.
AND th.
of the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will ~pply
the same first to the payment of the cost of the improvement bdore using any part of the ~ of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture ~o r~luir~.
IN ~t~TNF.:~ WI~F~,~OF, the party of the first part has duly executed this deed the day and y~ur first ~aove
written~
TR/'t"
~ to the Building Insp
nes, streets, and unu~
3rm or equal).
r buildings and inst~
,onsible for the build
~pplicable.
dings and "pre-exist
~ and unusual natur~
ition of buildings.
other pertinent infc
:ant Land ........
....
appm-a,~,- ,~,~.,~s and regulations.
described building and permit meets all Q~'"-~'-~ ~ ~
Construction.. on above App,icant~,~.~ ~'~ ~'~ ,.,~.~ ~ .............. '/
T, D
S
Southold, N.Y. 11971
(516) 765-1938
September 17, 1986
Mrs. James Talas
725 Summit Drive
Mattituck,NY 11952
Re: Right-of-Way Improvements
Dear Mrs. Talas:
The following action was taken by the Southold Town Planning
Board, Monday, September 15, 1986.
RESOVLED that the Southold Town Planning Board accept
Inspector John W. Davis' report No. 536 with regard to the
final inspection on the access road within the minor subdivision
of Nick and Nicki Hairstylists, Inc., located at Mattituck.
Enclosed is a copy of that report for your review.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
enc.
cc: Building Department
with enclosures
By Diane M.
Schultze,
Secretary
LEONARD J. MEISELMAN
DONAL~ O. BOLAND
PETER L. CONTINI
April 17, 1980
Planning Board
Town of Southold
Town Hall
Southold, N.Y. 11971
Att: Ms. Muriel Brush
Re: Dorothy and Jerome Bloom
Our File No.: MB65/77A
Dear Ms. Brush:
We are counsel to Dr. and Mrs. Bloom, the owners of
a part of Lot 113 in Block 1 on a certain map entitled "Map of
Captain Kidd Estates" and filed in the Suffolk County Clerk's
Office on January 19, 1949 as.Map No. 1672.
We are in receipt of a letter addressed to you under
date of April 1, 1980 by Mr. James Bitses, the attorney for a
Mr. Cyprus with respect to a "Cyprus Subdivision".
We note that the proposed declaration refers to a
declaration of easement recorded May 29, 1978 in Liber 8435 at
Page 98-103.
We have obtained a copy of such declaration of ease-
ment which appears to be dated February 20, 1978 and call to your
attention that one of the owners of premises referred to in the
subdivision is a George Ahlers. Mr. Ahlers conveyed the premises
presently owned by our clients to our clients on May 4, 1977.
Accordingly, he could not have been properly a party to the
declaration of easement of May 29, 1978 since he was no longer
an owner or in possession. We also note that, although we are
the title owners as of the date in question, we were not made
parties to such a declaration of easement.
Planning Board
Town of Southold
Att: Ms. Muriel Brush
April 17, 1980
Page 2
Since the change of the right of way will effect the
traffic and other conditions of such right of way by making the
right of way available to more plots than were originally intended
and would appea~ at the present time, to interfere with the use of
our premises and our rights under such right of way.
It is, therefore, respectfully suggested that,until such
time as an agreement may be worked out between our clients and the
other title owners of the subdivision, the approval of the new and
proposed easement be held in abeyance. /
Very t~u~y you
cc: James Bitses, Esq.
Southold, N.Y. 11971
(516) 765-1938
September 3, 1986
Thank you
If you have
our office.
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Re: Access road within the
minor subdivision of
Nick and Nicki
Dear Mr. Davis:
Please let this confirm our conversation.
Our office has been contacted by Mrs. Talis, a lot owner
within the above mentioned subdivision. Mrs. Talis indicated
that the work on the access road has been completed and she
requested a final inspection.
Would you please make an inspection and advise our Board
if the work has been done satisfactorily.
for your assistance in this matter.
any questions, please don't hesitate to contact
Very truly yours,
% ~ \~ .
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
JAMES BITSES
April 1, 1980
Planning Board
Town of Southold
Town l tall
$outhold, New York 11971
Re: Cyprus Subdivision
Attention: Ms. Muriel Brush
Dear Ms. Brush:
I enclose herewith a copy of a declaration of easement which
has been executed by all t. he parties noted therein except Jerome
Bloom. One of! the purposes of the easement is to correct the
defective map of the said subdivision made by Young and Young
dated June 9, 1976, and filed together with a prior easement. The
new map prepared by Van Tuyl, dated January 21, 1980, corrects
the prior map of Young and Young and also widens the right-of-way
from 15 to 25 feet. You will notice that the new right-of-way has
a different shape from the one presently filed with the town.
Unfortumitely, the first length of the right-of-way between
the property of Cyprus and Bloom is still the original 15 feet
because we could not secure the concurrence of Bloom to the wide-
ning. I will continue my efforts to widen this stretch to 25
feet also.
I am submitting this map so that the planning board can
examine same and c~aapare it with the prior map noting the differ-
ence. If acceptable, I will then submit it for final approval.
Yours truly,
~ ....... ~{ ..
James Bttses
JB: mb
enclosures
(4)
dAMES BITSES
January 23, 1980
Plmning Board
Town of Southo[Ld
Main Road,
Southold, New York
11971
Re: Filing of new right of way easement - Nick Cyprus
Capt. Kidd Estates, Mattituck
Attn: Mrs. Muriel Brush
Dear Murieh
Enclosed please find,a~m.subdivision map9made
by Van Tuyl and dated January 21, 1980 indicating a property
right of way of a uniform width of 25 feet. At the present
time the said subdivision has a right of way of only 15 feet.
I am presently in the process of securing the signatures of
all the contlgious owners on an easement which will be
filed in the County Clerk's Office upon approval of the
Planning Board of the new right of way.
I anticipate no objections from the Planning
Board since this upgrades this development from a 15 foot
right of way to a 25 foot right of way which, you must admit,
is an irnprovement. Would you kindly place this on the
earliest agenda.
Yours truly,
Jmes Bits
JB:tle
HENRY E. RAYNOR, Jr., Chairman
FREDERICK E GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
December 11, 1979
TELEPHONE
765-1938
Jerome E. Bloom, D.D.S.
Main Road
Southold, New York 11971
Dear Dr. Bloom:
We are in receipt of your letter of December 8, 1979
regarding property in Mattituck, New York.
As the building inspector is the enforcer of the Code
of the Town of Soul,old, I have forwarded the letter to
him for his determination.
Your s truly,
HER/mt
Copy to Edward Hindermann
Building Inspector
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
,I,~'ROM~- E. ~LOOM~ CLCLcL
December 8, 1979
r. Henry Ray"nor
~airman Planning Board
)wn of Southold
ain Road
,uthold, New ~fork 11971
ear Mr. Raynor:
onfirming our conversation, I am in the process of purchasing two
)ts adjacent to my present home on Summit Drife in Mattituck.
ccording to the map drawn on 7/22/79, entitled "Map of Proposed
~ivision made for Nick and Niki Hairstylists, Inc., minor subdivision
1Z, approved by resohx[ion of the Planning Board on August 5, 1969.
ay home is on Lot #1. I propose to purchase Lots #Z and #4. I would
ike to know whether these lots, if purchased by my wife and me in
,ur nameS, would remain as separate building lots. It is my under-
~tanding that Mr. Cypru. S of Nick and Niki Hairstylists, is obtaining
Jertificate of (~,cupancieS from the Building Department for these lots.
would appreciate hearing from you in this matter at your earliest
thanl you for your coopsration.
JEB:db
I_ANDAU, BERKOWITZ ~ NOSTF~AND
(KRANTZ, LANDAU, LIEE~ ~ NOSTRAND)
ATTORNEYS AT LAW
December 4, 1979
Southold Town Planning Board
Municipa~ Building
Southold, New York
Att'n.: Ms. Muriel Tolman, Secretary
RE: Cyprus & Charles
Dear Ms. Tolman;
Pursuant to telephone conversation, I enclose herewith
Declaration of Easement dated February 20,1978 affect-
ing lots,10, 11, 12 and 13, on a certain map entitled
"Map of Capt. Kidd Estates", which has been filed in
the Suffolk County Clerk's Office as Map ~1676. It
is in tended to create this right of way as shown on
~h~ map attached to the recorded instrument and for
which I enclose another copy, larger in Size which
will be easier to read.
Please let me know what will be required for this right
of way to be approved by the Planning Board. The
previous rights of way, as you can see from the re-
corded declaration of easement, have been abbrogated.
Your
gln:k
enc.
courtesy and cooperation are greatly appreciated.
Very ~u~iy yours,
HENRY E. RAYNOR, Jr., Chairman
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
Southold, N.Y. 11971
November 2, 1979
TELEPHONE
765-1938
G. Lott Nostrand
60 East 42nd Street
New York, New York lOO17
Re: Nick & Niki Hairstylists, Inc.
Dear Mr. Nostrand:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 5, 1969o
RESOLVED that Nick Cyprus, President of Nick & Niki
Hairstylists, Inc., be grauted final approval on minor subdivision
located at Capt. Kidd Estates, Mattituok, N. Y. The Chairman
signed the map.
I enclose copy of signed map.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Enclosure
P
LD
HENRY E. RAYNOR,
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI,
GEORSE RITCHIE LATHAM.
$outhold, N.Y. 11971
November 2, 1979
TELEPHONE
765 - 1988
G. Lott Nostrand
60 East 42nd Street
New York, New York lOO17
Re: Nick & Niki Hairstylists, Inc.
Dear Mr. Nostrand:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 5, 1969.
RESOLVED thai; Nick Cyprus, President of Nick & Niki
Hairstylists, Inc., be granted final approval on minor subdivision
located at Capt. E~dd Estates, Mattituck, N. Y. The Chairman
signed the map.
I enclose copy of signed map.
Yours truly,.
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Enclosure
George ~hlers Builder Inc
250 Cox Lane
Cutchogue ~ N.Y.
Dear SirS
In reply to you~ inquiry REs division of lot 13 etc
original map of Capt kidd ost with frontage on both Miriam Road
and Sound Beach Drive, please be advised~
Bpon application of "Nick & N~ki" hair stylists~ the Planning
Board approved a minor subdivision of this lot on Aug 5~ 1969~ copy
of survey submitted enclosed.
Yours truly
Building Inspecto~
April
~X. hobert Villa P,E.
Suffolk County Dept of Health
¢our, ty Center
Riv~rhead~ N.Y.
Dear Sir;
Please be advisedz Lots No 12 & 13 on original map of
Capt Kidd estates (Summit Dr to Bound Eeaeh Dr), Mattituek were
re-subdivided to make four ($) lots - two on each road and approved
by the planning Board on Aug %th 1969.
We will recognize these re-subdivided lots as usable u~er this
Aug. 1969 approval.
Yours truly
Building Inspector
CONSULT YOUI LAW'AS, IIPOIII Iq~MING THIS INS'TIUMINT--THI! I, IIT~
TRIES INDEN1X/I~ nmde the ~ / day of July
I[i~iWEF~ GEORGE AHLERS, residing at 25
New York, party of the first part,
Il UIID I¥ LAW%'IIII ONLY,
, nineteen hundred ~xl seventy-six,
Cox Lane, Cut~hoque,
AND CYPRUS & CHARLES N.Y.CO., a partnership, having its place
of business at 43 Sound Beach Drive, Mattituck, New York;
NICK CYPRUS, residing at 44 Marconi Street, Tenafly, New Jersey;
NICK CHARLES, residing at 59 Bradley Avenue, Bergenfield,
~x~~ New Jersey; JAMES TALAS and PARIE TALAS,
both residing at Summit Drive, Mattituck, New York;
FRANCIS J. CHRISTIE and CLAIRE M. CHRISTIE, both residin g
at 1 Bernard Street, Northport, New York,
party of the second part,
~'rN~RqI:'TH, that the pa~y of the first part, in consideration of ten dolors paid ~ the party of the second
part, does h~e~y remi~ releaze ~d q~tclaim uhto the party ~ the second part, the h~rs or m~__~__~ ~ad
azzi~s of ~e party of the second part forever,
ALl.. that certain plot, pi~e or parcel of ~nd, with the buildings and ~provem~ thercon erectS, ~tu~te,
~ing~dbe~g~mc~ at Mattituck, in the Town of Southhold, County
of,S~ffolk,,inwthe State of New York, as shown on a certain
survey made by, Young & Young dated June 9, 1976, No. 76-453,attached,
being that portion of the southerly part of Lot 13 as shown
on said survey in the form of an easement only for the purpose
of ingress and egress over the said right-of-way shown on
said survey. It is the intention of this conveyance tha~
the use of the right-of-way can be made by the owners of
10, 11, 12 and 13 as shown on the '~ap of Captain Kidd Estates
filed in the Suffolk County Clerk's Office on January 18,1949
as Map No. 1672", as the same now exist or may hereafter be
sub-divided.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to ~my streets mad
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurteoa~.s
and all the estate and right~ of the pa~y of the first par~ in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the pan'y of the second pm% the heirs or su,',-~_-e_-s und mi&ms of
the parly of the second part forever.
AND the party of the first p~rt, in compliance with Section 13 of the Lien Law, hereby covenants that the party
of the first part will receive the consideration for this conveyance and will hold the right to receive such coasid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will ~pply
the same first to the payment of the cost of the improvement before u.~ng 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 require.
IN WITNF.,~q~ WHE]~:,OI:, the party of the first part has duly executed this deed the day and year first above
· zzsz~,cs 0~_~ ER
AUG '1. 8 1976
to me known to I~ the individual ~crlbed in and who
~e~ecuted the ~o.regoing instrument, i ~ aclmowied~.,d that
executed the same .-~ f4 ~.~,~& ~ ~' ~ '
' '~ ' , ,~ ~#~h~
S?ATI OF I~ YOl~,
~ the day of 19 , ~fore me
~ly ~e
to me ~, w~, ~g by me d~y sworn, did d~se ~d
~y ~t he ~idu at No.
~t ~ is ~ ;
in a~ whi~ ~t~ ~e fo~i~ i~t; ~at he
~s the ~
to ~id i~t is such ~te ~1; t~ it ~ so
a~ ~ ord~ of ~e ~ard of dir~tors o{ ~d ~m-
ti~, ~d ~t ~ ~el ~ ~e ~o ~ like order.
to me known to be ll]e indivldual ¢lescribed in and who
executed the foregoing instrument, and acknowledged that
executed the same.
fiat1 O! Nllf YOR~, COUNTY O~ em
On the day of 19 , before me
personally ( :V,le
the subscrilime witness to the feregolng instrument, with
whom I am prrsonally acquaintel, who, being by me dui),
sworn, did depose and sa), that he resides at No.
;
that he knows
to be the individual
described in and wh,, exec~ed 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.
T~rL~ No
GEORGE AHLERS
SECTION
BLOCK
Town of Sout~hold
State of New York
NICK CYPRUS, NI~ CHARLES,
JAMES TALAS and PARIE TALAS,
FRANCIS J. CHRISTIE and CLAIRE
M. CHRISTIE
THE.~II TL~%TGIf/~RA3VTEE COMPA.A'T
RETUR~q BY MAIL TO:
AWome,)'(~)
Sir:--Pl~ ~k~ ~ lt~ sn orcl~
one o~ ~e jud~ o~ tl~ ,,~J~n ~ ~ ~
'Dated,
To
Yea~ 19 ;
DECLARATION OF EASEMENT
Map of Captain Kidd Estates
Filed Suffolk County: January 19, 1949
Map ~1672
JAMES BITSES
Attor~y
O~ and Po~
Main Road
Southold, N~ York 11971
516-765-5700
To
is hereby
Attorney(s) for
· T
DECI,AI~IATION OF EASEMEN
THIS EASEMENT, made the~/~ day of~/~
between: NICK CYPRUS, residing at 44 Marconi Street, Tenafly, New
Jersey, ~EROME BLOOM, reaiding at Miriam Road, Mattituck, New York,
FRANCIS 3. CHRISTIE and CLAIRE M. CHRISTIE, his wife, both residing
at One Bernard Street, Northport, New York, 3AMES TALAS and PAHIE
TALAS, his wife, both residing at 203rd Street, Bayside, New York, an,
NICK CHARLES, residing at 57 South Washington Avenue, Bergenfield,
New Jersey, all of whom are collectively referred to as the GRANTORS
and NICK CYPRUS, residing at 44 Marconi Street, Tena~y, New Jersey,
JEROME BLOOM, residing at Miriam Road, Mattituck, New York,
FRANCIS J. CBRISTIE and CLAIRE M. CHRISTIE, his wife, both residing
at One Barnard Street, Northport, New York, JAMES TALAS and PARLE
TALAS, his wife, both residing at~'~ ~rd Street, Bayside, New York,
and NICK CHARLES, residing at 57 South Washington Avenue, Bergenfield,
New Jersey, and their heirs, administrators, successors and assigns,
all of whom are collectively referred to as the GRANTEES, and
1. WHEREAS, the Grantors and the Grantees are seized of or
have been seized in fee simple and in possession of or part of Lots 10, ll, 12,
and 13 as shown on a certain map entitled, "Map of Captain Kidd Esta es
which has been filed in the Suffolk County Clerk's Office on January 19,
1949 as Map No. 1672; and
2. WHEREAS, the Grantors and Grantees by Declaration of
Easement recorded May 29, 1978, in Liber 8435. page 98-103 inc. have
previously extin~ished an easement or right of way for the purpose of
ingress and egress as shown on the survey or map dated July 22, 1969,
which map or survey was recorded together with some of the deeds ( in
Liber 6637, page 374, Liber 7411, page 307, Liber 7066, page 33, Liber
1
....... v~m= .,.,. I.~ner ~2q. page 154. I.iber 7824. page 156. l~iber 7889,
page 42 and correction deed thereto) to the Grantors and Grantees and the
easement or right of way for ingress and egress shown on a survey dated
Map 4. 1973. made by Young & young #73-353. and recorded in Liber 7411,
page 309 of conveyances on July 5. 1973; and
3. WHEREAS examination of said map or survey of Young &
young as aforesaid bears on its face a manifest error iu that the dividing
line of lot 10 North and lot 10 South is improperty indicated on the said map;
and
4. wHEREAS the prior Declaration of Easement dated
September 20, 1978 involving the Grantors and the Grantees herein indicates
a 15 foot right of way, and it being the manifest intention of all the Grantors
and Grantees herein that the said right of way be improved to a uniform
width of 25 feet as required by the Town laws and as further required by
the ingress and egress of fire fighting equipment of the Town of Mattituck;
and
5. WHEREAS a new survey or map has been made by Roderick
Van Tuyl, licensed surveyor of Greenport, New York, indicating the
accurate and proper metes and bounds of the new right of way, its proper
dimension and location; and
6. WHEREAS the parties hereto have agreed to submit the
,i said map of Roderick Van Tuyl dated ~7~. ~/~ /~z~o to the Planning
Hoard of the Town of Southold for purposes of approval of the said right of
way. with the further intent that upon receipt of said approval or prior
thereto, this Declaration of Easement be recor~led with the County Clerk
of the County of Suffolk; and
7. WHEREAS the Grantors and Grantees by the execution of
these presents agree to release and exting~ish their rights of way over the
old easement or rights of way so that the present agreement shall be
~ paramoun~ and shall take the place and stead of the prior agreement and
NOW, I'HF.t{I~FORE, by this Declaration of I~asement the
Grantors and Grantees herein hereby release all of their rights in and to
the rights of way or easements as shown on the map or survey dated July 22,
1969, the survey made by Young & Young dated Map 4, 1973 (#73-353)
and recorded in Liber 7411 page 309 of conveyances, the Declaration of
Easement dated September 20, 1978, and recorded in Liber 8435, page 98-
103 inc., and any or all other easements prior' to this date, known or
unknown which may heretofore have existed.
(a) The Grantors hereby grant unto the Grantees an
easement or right of wayloeated at Mattituek, Town of Southold, as shown
on the survey of Roderick Van Tuyl dated ~ ~/~ /~c;~ # ,
attached hereto and made a part hereof;
(b) The Grantors and Grantees fl~rther agree that they
will all share equally in the expenses 'of all future repairs and maintenance
of the said right of way.
(c) Each grantee shall be entitled to bring in utilities;
water or telephone to their property along, in or on the said
electric,
right of way;
(d) All the Grantors and Grantees herein above are in
accord with the right of way as indicated by the survey of Roderick Van Tuyl
dated ~J~.~/~4 /~ # and further agree
that the same is to be submitted to the Planning Board of the Town of
Southold for their approval prior to the recording hereof;
(e) Further an examination of the deeds of several of the
Grantors and Grantees indicated defects in the metes and bounds description
of their individual parcels and where such condition exists the signators
hereof agree to file new deeds bearing a true and accurate description as
a cure for the defective description presently on record. Each and every
signator hereto agrees to execute the proper deeds or other documents
necessary to accomplish this end.
IN ~VITNESS WHEREOF the Grantors and Grantees have here-
unto set their hands and seals, all as of the day and year first above
written or as otherwise indicated in the authentication clauses attached
hereto.
~ICK CYPRU~
JEROME BLOOM
NICK CHARLES
FRANCIS J~CHRIS TIE
/
~,_ ' ~.'~ i~,
CLAIRE M. CHRISTIE
~,_ ..... ~ ~
JAMES TALAS
PARIE TALAS
4
$'rA'rls oF NI..'W YORK)ss
COUN'FY OF SU FFOI,KJ ':
On this /~' day of /~'~:~ , 1980, before me
personally came FRANCIS J. CHRISTIE and CLAIRE M. CHRISTIE, to me
known and known to me to be the individuals described in and who executed
the foregoing instrument, and they duly and severally.~' --ackn°wledged to me
that they executed the same.
STATE OF NEW YORK )
COUNTY OF NEW YORK~S':
On this day of
personally came JAMES TALAS and PARIE
i?olP, Kf PUE, LIC, Slate of New York
Ho. 59_ ~!cB[O0
Qu,~hfi,,~d in Sullrilk County
¢;, ::m~:,mn Expires March 30.
, 1980, before me
TALAS, to me known and
STATE OF NEW JERSEY0 SS.:
COUNTY OF BERGEN )
known to me to be the indivuduals described in and who executed the fore-
going instrument, and they duly and severally acknowledged__ to me that
they executed the same. _,~ ? ,,/~ta/~ ~/~ff.~~
!~, ~l-8161fi00 - Qual. m r,ew Y0tk C0,
STATE OF NEW YORK)__
COUNTY OF SUFFOLK)bb.:
On this ~ ~/';:' day of /,'~. .... , , 1980, before me
personally came NICK CHARLES, to me known and known to me to be the
individual described in and who executed the foregoing instrument and he
duly acknowledged to me that he executed the same.
· Notary
NOTAR¥ PUB£1C 0F N~W J/RSE~
STATE OF NEW ~ERSEY)SS.:
On this i'~r~ - day of ~ ..... . s~- , 1~80, before me
personally came NICK CYPRUS, tome knowq~ and known to me to be the
individual described in and who executed the foregoing instrument and
he duly acknowledged to me that he executed the same.
~OTARY PUBLIC OF NEW l~S[~
'MY COMMISSION ~PIRES MAY 12,
On this day of , 1980, before me
personally came JEROME BLOOM, to me known and known to me to be the
indivudual described in and who executed the foregoing instrument and
he duly acknowledged to me that he executed the same.
Notary
5
DECLARATION OF EASEMENT
THIS INDENTURE, made the ~-O day of ~~, 197~
between CYPRUS & CHARLES N.Y.CO., a partnership, having i~s
principal office at South Beach Drive, Mattituck, New York,
FRANCIS J. CHRISTIE and CLAIRE M~ CHRISTIE, his wife, both
residing at One Bernard Street, Northport, New York,
JAMES TALAS and PARIE TALAS, his wife, both residing at
2fi3rd S~reet~ Ba~side, _.Queens,New Yo~k,; NICK CYPRUS, residing
at 44 Marconi Street, Tenafly, New Jersey, NICK CHARLES, re--.
siding at 11 Edith Street, Old Tappan, New Jersey, all col-
lectively hereinafter referred to as GRANTORS, and CYPRUS &
HARLES N.Y.CO., a partnership, having its principal office at
~SouthBeach Drive, Mattituck, New York, FRANCIS J. CHRISTIE
..~and CLAIRE M. CHRISTIE, his wife, both residing at One Bernard
Street, Northport, New York, JAMES TALAS and PARIE TALAS, his
wife, both residing at 119-14 Union Turnpike, Kew Gardens,
New York, NICK CYPRUS, residing at 44 Marconi Street, Tenafly,
New Jersey, NICK CHARLES, residing at 11 Edith Street, Old
Tappan, New Jersey, and GEORGE AHLERS, residing at 25 Cox Lane,
and their heirs, administrators, successors and assigns,
Cutchoque, New York,/all collectively hereinafter referred to
as GRANTEES.
WHEREAS, the Grantors and the Grantees are seized of or
have been seized in fee simple and in possession of or part of
Lots 10, 11, 12, and 13 as shown on certain
a
map
entitled,
"Map of Captain Kidd Estates", which has been filed in the
Suffolk County Clerk's Office on January 19th, 1949 as Map
No. 1672; and
WHEREAS, the Grantors and the Grantees are desirous of
extinquishing the easement or right of way for the purpose of
ingress and egress shown on the survey or map dated July 22nd,
/
1969, which survey or map has bee~' filed and recorded with
some of the deeds (Liber 6637, page 374; Liber 7411, page 307;
~ ~ ' zber 7824, page 154;
-'- Liber 7066, page 35; L' .
Liber 7066, page 33;
Liber 7824, page 156; Liber 7889, page 42, and correctzon deed
thereof) to the Grantors and Grantees, and also the easement or
right of way shown for ingress and egress shown on a survey
dated May '4th, 1973 made by Youhg & Young, bb. 73-353, and re-
corded in Liber 7411, page 309 of Conveyances on June 5th, 1973;
and
WHEREAS, the GrantOrS and the Grantees have agreed in
consideration of the Grantors and the Grantees releasing their
rights of way over the old easements or rights of way,
NOW, THEREFORE, this Indenture witnesseth as fellows:
The Grantors and the Grantees hereby release all of their
rights in and to the ~aid rights of way or easements as Bhown
on the map or survey dated July 22nd, 1969, and the survey made
by Young & Young dated May 4th, 1973(No.73=353) and recorded
in Liber 7411 of Conveyances, at page 309.
The Grantors hereby grant to the Grantees an ~as~nt
(~r~mise~ located in Mattituck, Town of Southold)
or right os wayh/as shown on the survey made by Young ~ Young,
· . 76-453. attached hereto and made a .
dated June 9th, ~9~6.
~'the expense of all future repairs to the saxa rxgn~ o~ way.
IN wI~ESS ~EREOF, the Grantors and the Grantees have
hereunto set their hands
first above written.
and seals, all as of the day and year
cYPRUS & cHARLES N.Y. CO.
BY: ' Partner
Granto~- - Gfahtee
- 2
COUNTY OF ~. ) SS.:
On this ~--O day of ~ , 197~, before me
CHRISTIE an/d CLAIRE M. CHRISTIE,
personally came FRANCIS J.
known and known to me to be the individuals described
to me ..... ~ ~he foreooina instrument, and they duly
in ama wno execu~u L 6 ~
and severally acknowledged to m~hat they executed the
same. ~' ~ ~.
~- NOTARY /
· ~- ~ES ~ ~osm~G /
STATE OF
co TY
On this /~ day of ~ , 197~, before me
personally came JAMES TALAS 9n.d?.AR~IE TA~S, to me kno~
and kno~ to me to be t~e z~dlyldu~l~ described in and
who executed the foregoing ~ns[rum n , and they duly and
severally acknowledged to me that ~Y executed the same.
/
STATE OF NEW JERS~ )
cOUNTY OF BERGEN ~.SS.: ,--"-
On
this ~,=day of' ~'=°i' ' ~i"l~. before me
~9.~, tO me known
personally came NICK CHARLES
and known to me to be the individual~ described in and who
executed the foregoing instrument, and [~he~ duly and seve~-
ally acknowledged to me that ~he~ executed the same.
MADELINE SPIES
i'IOTARY PUBLIC OF t'~%'t JERS~
MY C0;,tM;SS:0N [~ll(~S kIAY 9, l~l
STATE OF ~ )
cOUNTY OF fill' ) ss.:
On this ¢ day of ~'~ . 197~. before me
~- ..... 11- came ~. ~ ~,,~.~ , personally known to me
~o.= ~ - - -f~l~e' fif~'of c~P~us a CHARLES ~.Y.CO., .
~%dD~oam~e%~Uto be the person described in and who executed
the foregoing inst~ume~t.~n.t~_{i~r~ %%~% ~dC~U~a~eCa}~sRk~
N.Y.CO , an he acknowledged u~'au "= u
act an~ dee~ of said f~rm for the us~s and purposes therein
STATE of NEW YORK )
co~TY oF ~ ' ~ ss.:
On the 8th day of March, 1978, before me personally
appeared NICK CYPRUS to me known to be the individual de-
scribed in and who executed the foregoing instrument, and he
duly acknowledged to me that he executed the same.
.NOTA'R.~
31-8161600 - Oual. in ':~:~v ¥;.;k CO.
Commi~ion E.'~pire$ U~:¢:~ 30. i~,78
1-
.RECORDED
~HAY Z9 ;, 9 3~. A~ 98
'.. ARTHUR J.?ELICE
· ~ GLERR OF
· i,$UFFOLK COUNTY
'_.MAY 29 1978
SUFFOLk
· ,, ; COUNT
DECLARATION OF EASEMENT
CYPRUS & CHARLES N.Y.CO.,
et als
GRANTORS
- a~d -
CYPRUS & CHARLES N.Y.CO.,
et els
GRANTEES
Lots 10,11,12 and
Suffolk County
I~LNTZ,LANDAU,LIEB & NOSTRAND
Attorneys-at-Law
60 East 42nd Street
New York,New York 10017
.!
· ... ARTHUR J. FELICE
~ GLERK OF
' ':SUFFOLK GOUHTY
WUk¥ ,29
SUFFOLK
' "~' 24332
CY~KUS & C~I2~'~LES
CYPRUS & ct~ARLES N.y.CO.,
· et als .'
GRANTEES
Suffolk County
"KRA_NTZ,I~IDAU,LIEB & I~0STRAND
Att ormeys-at-Law
60 East 42nd Street
New yozk,New York 1001?
NO TE '
CAPTAIN KIDD £$TAT£S "FILED IN THE
0P£/C£ OP ~'H£ CZ£ftK OF SUFFOLK
YOUNG J YI~UI
SURVEY FOR:
CYPRUS ~ CHARLES NEW YORK COMPANY
MA~ITUCK
SOUTHOLD
SUFFOLK CO., N.Y.
SCALm /"=50' I DAT[= juNE g, /gX6
t
tO0.O
4
SI TU~T~ ~
~,~ 7TI TUC~
T'~w~ OF
lENT-DATA FOR APPROMaJ_ TO CONSTRUCT
SURVEY FOR
JAMES DE LUCCA
PART OF LOT 13, "CAPTAIN KIDD ESTATES"
AT MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
#coPiEs ~ mis SuflvEv No? B~AS~G T~E ~ANO
SURVEYOR'S INKED SEAL ON EMBOSSED sEcA~pySHALL
SEPT. 7. 19&4
DATE: AUG 29. 19B!
SCALE: I": 40'
NO. 8~- 70t
,15 NO
sub3ec-c to (1) The users of the r±g~t-of-wa¥
having the legal right to do so; (2) Receipt
of three additional copies of the map; and
(3) The right-of-way being improved to the
specifications of the Planning Board
InspecTor.
WALL~ PO~S, PA~OS, ~AN~G A~A~
~ ~0
o
S80'00'00'~ 113. 26'
.~ b 1998
SUMMIT DRIVE
SURVEY OF MA TTITUCK
LOT 10 TOWN OF SOUTHOLD .... ,I ,, I '1
MAP OF SUFFOLK COUNT~ NEW YORK ~ · .~_ . ,,,
"CAPTAIN KIDD ESTATES" 1"= 40' FEB, 21, 1997
JOB NO. F4100 6~Z ~v ~.
S.C.[M. DIS~ 1000 SEC. I06 BLK. 01 LOT41,48
E, OUND
0
subject to (1) The users of the right-of-way
having the legal right to do so; (2) Receipt
of three additional copies of the map; (3)
The right-of-way being improved to the
specifications of the Planning Board Inspector.
LONC~ ISt..,~NO
M. SZ' oo'E.
r
o
INC.
- 2 -
i
- 2 -