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HomeMy WebLinkAbout1000-48.-3-25.1 y ~, ' .~..;;:"-""'~~'.:~~..- .,j7,,;:1=[1! >- .~,;,.;.., ,(....7' C,\,)\ '''....l r')~_ ^k'~-~/ti-" ':?:;~ J,.::: "," ,."~,, ~'; \!".;~l~,t~!~ ~~7j ':: ".i~';/ '<~..z:ur Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 15161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3511 Application Dated TO: May 14,1986 Mr. David E. Kape11, President KAPELL REAL ESTATE INC. and LIMPET 400 Front-Street, Box 463 ' Greenport, NY 11944 [Appellant (s)] CORP. At a Meeting of the Zonin? Board of Appeals held on April 23, 1987, the above appeal was cons~dered, and the action indicated below was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variances to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [] Request for Application of KAPELL REAL ESTATE INC. and LIMPET CORP. for Vari ances to the Zoni ng Ordi nance, Arti cle I I I, Secti on lllD='31, Bulk Schedule, for approval of insufficient: (1) lot area, (2) lot width, (3) lot depth, of two parcels in this pending division of land, Location of Property: Linnet Street and Brown Street, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48, Block 3, Lot 25.1. WHEREAS, a public hearing was held and concluded on March 5, 1987 in the Matter of the Application of KAPELL REAL ESTATE INC. and LIMPET CORP. under Appl ication No. 3511; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is referred to as Lots 16 and 65 as shown on "Map of Property of Greenport Driving Park," filed December 1, 1909 as Map No, 369, and is more parti cul arly shown on the Suffolk County Tax Maps as District 1000, Section 48, Block 3, Lot 25.1. 2. The entire premises as exists contains a total area of 11 ,256 sq. ft., lot depth of 225.14 feet, and 50 ft. lot width. The premises is presently vacant. 3. By this application, appellants request area variances for approval of (a) insufficient lot area of 5,628 sq. ft., lot depth of 112.55 feet, and lot width of 50 feet of proposed Lot (CONTINUED ON PAGE TWO) DATED: Apri 1 23, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3511 Matter of KAPELL REAL ESTATE & LIMPET CORP. Decision Rendered April 23, 1987 B; and (b) insufficient lot area of 5,628 sq. ft., lot depth of 112.55 feet, and lot width of 50 feet of proposed Lot A, as more particularly shown on map prepared by Roderick VanTuyl, P.C. amended May 1, 1986. 4. Submitted for the record is a copy of the January 13, 1987 approval from the Suffolk County Department of Health Services and letter dated August 5, 1986, from the Superintendent of Public Utilities of the Village of Greenport authorizing co~ditionally hook-up for Lot #16. .It is the understanding of the Board that water services are available along Linnett Street for proposed Lot A (#65), and that water service is available to proposed Lot B (#16) along Brown Street. 5. For the record it is noted that an application is pending at this time before the Southold Town Planning Board for subdivision set-off approval. 6. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft., minimum lot width of 175 feet, and minimum lot depth of 250 feet. 7. The amount of relief requested from the lot area requirements is 74,372 sq. ft., or a percentage of 92.5%. 8. It is the understanding of the Board that the subject premises was not held in single and separate ownership, although the lots are shown as Lots 65 and 16 on the 1909 Subdivision Map of "Greenport Driving Park." It is also our understanding that to date, no subdivision or set-off approvals have been rendered by the Southold Town Planning Bo a rd. 9. In viewing the immediate area, the Board finds that the following Lots as shown on the "Map of Greenport Driving Park" in the immediate vicinity of the subject premises do not appear to have been "held in single and separate ownership prior to November 23, 1971 and thereafter" as required by Article III, Section lOO-31(A) of the Zoning Code: (a) Lots 67 and 66; (b) Lots 64, 63, 62, 61 and 18; (c) Lots 60, 59, 26, and 28; (d) Lots 30 and 32; (e) Lots 42, 43 and 44; (f) Lots 40 and 41; (9) Lots 7 and 8; (h) Lots 71 and 72; (i) Lots 54 and 55; (j) Lots 48, 49 and 50; (k) Lots 1 and 2; (1) Lots 11, 13 and 15; (m) Lots 17, 19 and 21; (n) Lots 28, 25,27,29 and 31. 10. It has been held by the Courts (VanDusen v. Jackson, 35 AD2d 58) that a Board of Appeals cannot under the semblance of a variance exercise legislative powers. It is apparent that the variances requested are substantial with respect to lot area, lot width, and lot depth, and would in effect establish a zone district completely at odds with all other zone districts provided for in the zoning code and zoning map. This board does not believe that it has the authority to create new zoning districts under the guise of a variance. 11. It is the consensus of the Board that this and other similar subdivisions created prior to the enactment of zoning in 1957 could be included in the "Exceptions" List of the .. ,. Page 3 - Appeal No. 3511 Matter of KAPELL REAL ESTATE & LIMPET CORP. Decision Rendered April 23, 1987 Zoning Code alternatively. NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that it is the determination of this Board that it is without jurisdiction to grant the relief as requested, and the appeal is therefore DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was dUly adopted. 1 k *----7 *? / / // /~c-;/ /1. '-- GERARD P. GOEHRINGER, CHAIRMAN / / // " Southold, N.Y. 11971 (516) 765-1938 June 12, 1986 Mr. David Kapell P.O. Box 463 Greenport, NY 11944 Re: Set off for Kapell Real Estate and Limpet Corp. Dear Mr. Kapell: The following action was taken by the Southold Tow~ Planning Board, Monday, June 9, 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals with regard to the set-off for Kapell Real Estate and Limpet Corp located at Linnet and Brown Streets, Greenport: 1. It appears that the lots have become merged, however, the Planning Board cannot endorse this set off since the lots are less than the 80,000 square foot requirement. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals By Diane M. Schultze, Secretary r' tf:qpeil R~'1( c::&tC{+<LJnc, J Lin-,pf't CCcf? G/l/8'{ 1, e( 2]?, A fY4'ct 00 '-To ? -is fl-::- "'i~ -.bh---~c r~h".~_Y,2\i'f~~ Dues-v.} 'v'~d co((,e,^- t -Lt.::))', \ 10'0 1 hu +- Ie;\-;, <1PfPq I t' r o ~ V'I\ -e ('~ e 6<, ,- r~~--- MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations , , / sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County PI.anning Commission Received County's recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map .. "- \ - - '" / ,~ J ;;--'-j ~, j I t ~~, I W~!I =i r = ~ . I I I I I i~dl.1 ' , , I' !e ': ~! ~ ! ! ~ " I. -. i j i' I , I ~ ,; .; .!. ,; i! 11' ! J! l J 'g, 11'1' ;~ . Ii: I I I ~.. ~. . t I I I ~ I t I! I --~ ...... , :11 . , ," :! ~ I 'II " ; .~ 1 ~ ~ Qj ~ 3 tfl ,. ,. I I 1tl 'I ~~ t rH ~ . , '0 ,;p :.: . . o . -:' 10 j,~~ >, 0'\ ., (,O~l 0"" '^ I '" 0' '-----; \~. "'\~ ;1,:. 1,1,111., :1 Itlii " Ci?i3L - 8 A'tfW "'-- !! ;1000""'" , . ' \~ '" 1 1!' ~. \, ~'oo~-'j\: ,-?I,t;,j . . . co . ! q- ;. ~ 0 - ~ c -' o 0 " 0 ... Q a I ~ . ; j . p ~ ! . i 1 ,. u C . ~< 2 e ~ ~.E ~ ~ ~J!l ~z, o ~~: >- I- c ...i t- )0. ~ ~ Z t:U-!: =>. . o g ~ u&; @1 '" . 'I .., I " . ml'i" , I , . ;0i i I ~!~!~ !i i~ ,J .~~~~ :;:'11" ~ ;::p'~ .. .. ~.~. i!Hi ~i~~~ ;inr ii. ~ !: ~ ~ ~ . , ~ d I; , " t ~ ! l!~J~ i i ~ 1@~6 ,; i jL~ 1 ~ l ~ ! nLd i i i II J !!!jl i!l!l It i 1\ ,I, q; '0' W 11 ~ t ';i Ij' i a.... 1 ,,{ i 5-H . . ~J . ...... '. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 15161 765~1809 APPEALS BOARD MEMBERS GERARD P. GDEHRINGER, CHAIRMAN CHARLES GRIGDNIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 29, 1986 Mr. Davi d E. Kape11 400 Front Street, Box Greenport, NY 11944 463 Re: Appeal No. 3511 - Kapell Real Estate, Inc. & ano. Dear Dave: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a publ ic hearing. It is requested in the interim that you proceed with the [X ] Planning Board [] N. Y.S. D.E.C. [XX] Co. Health Art. VI in order that they may submit their written comments or recom- mendations as early as possible Upon receipt of their input, your uppl i cut i 011 wi 11 be ~,chedul eel for the lIext <1va i 1 Jbll' heUY'_ ing date. If the abo0e document(s) are submitted by mid-July, it is expected that the public hearing would be held about the middle part of August. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at allY "Lime if you have i'ny questions. Yours very truly, cc: PI anni ng Board V'"' P.S. Please furnish us with copies of the premises in question at your convenience. GERARD P. GOEHRINGER SV\lRr~/\~~. O-rtv 1~a Kowa 1 sk i deed(s) concerning the . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.r.. N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE OOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 29, 1986 Mr. David E. Kapell 400 Front Street, Box Greenport, NY 11944 463 Re: Appeal No. 3511 - Kapell Real Estate, Inc. & ana. Dear Dave: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be requir~d by State and local laws prior to scheduling your application for a publ ic hearing. It is requested in the interim that you proceed with the [X ] Planning Board [] N.Y.S. D.l.C. [XX] Co. Health Art. VI in order that they may submit their wy"itten commenV. or f'ecom- mendations as early as possible. Upon receipt of their input, your appl ication wi 11 be scheduled for I he next dVJ i labll' he'in'_ ing date. If the above document(s) are submitted by mid-July, it is expected that the public hearing would be held about the middle part of August. A copy of the notice of hedrings ds published in the Long Island Traveler-Watchflliln and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER ~~ J RMAN / / / . /i.dCl.*~G y Linir'a Kowalski cc: Planning Board P.S. Please furnish us with copies of the deed(s) concerning the ~ premises in question at your convenience. c:("" -<;\"t~ Xl . . MAY 8 - 1986 KAPELL REAL ESTATE, INC. 400 Front Street G reenport, New York 11944 516-477-9403 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, N.Y. 11971 May 8, 1986 Dear Mr. Chairman: I enclose, herewith, an application for a set-off of an undersized building lot in the Greenport Driving Park subdivision which has merged with a contiguous lot which fronts on the next street. I have attached to the application a copy of the Suffolk County Tax Map for this section (48) which shows that the dominant lot size in the area, + 5,000 square feet, is identical to the lots which will result from this set-off, if approved. Please note that both proposed lots will be connected to the Village of Greenport water and sewer systems which are currently available in the area. Following are the names and addresses of adjoining property owners: I. Christine C. Cerny -347 West 39 Street, N.Y.C., N.Y. 10018 2. Daysman Morris & Wife -2760 Yennecott Drive, Southold, N.Y. 3. Frank A. Field Realty, Inc. -40 Middleton Road, Greenport, N.Y. 11944 I hope that I have provided all that your board requires to proceed with our application and I thankyou for your consideration of same. Sincerely, (\ ~),'&i;'jJ)",~.pDP I David E. Kapell President 14-16-;1 (9l84) fl q~ . -, PROJECT I.D. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS NUMBER State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only MAY 8 - 1986 Project Inlormatlon (To be completed by Applicant or Project sponsor) PART I 1. Applicant/sponsor 2. Project Name 3. Project location: Municipality ... Is proposed action: o New 0 Expansion 5. Describe project briefly: Southold County Suffolk o Modification/alteration Applicant wishes to reseparate two existing vacant building lots which have merged due to common ownership for many years. 6. Precise location (road intersections, prominent landmarks, etc. or provide map) See survey attached which has a location map. 7. Amount of land affected: Initially 11 r ?!)fic;q f't acres Ultimately c;"mp acres 8. Will proposed action comply with existing zoning or other existing land use restrictionsl o y" I:XI No UNO,d""'b.b,,.fly Current zoning for the parcel is A-Agricultural-Residen- tial whcih requires a minimum lot size of two acres. 9. What is present land use in vicinity of projecH {] Residential 0 Industrial 0 Commercial Describe: o Agriculture o Parkland/open space o Other 10. Does action involve a permit/approval. or funding, now or ultimately, from any other governmental agency (Federal, state or local)l ex Yes 0 No If yes, list agency(s) and permit/approvals Applicant has applied to the Southold Town Zonong Board of Appeals for a variance. 11 Does any aspect of the action have a currently valid permit or approvall DYes [] No If yes, list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modificationl o y" (j(] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/s Date' Ma v 8, 1 986 Signature; If the action is in the Coastal Area, and you are a slate agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~ - PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type' threshold in 6 NYCRR, Part 617.121 DYe, 0 No If yes, coordinate the review process and use the FUll/LONG FORM EAF. B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.71 involved action. DYes 0 No If No, a negative declaration may be superceded by another C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity. noise levels. existins traffic patterns, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: (2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; asricultural districts; or community or neishborhood character? Explain briefly C3. Vegetation or fauna movement of fish or wildlife species, significant habitats, or threatened or endangered speciesf Explain briefly: C4. ^ community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resourcesf Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed actionf Explain briefly. C6. Secondary, cumulative, or other effects not identified in Cl-(6? Explain briefly. .-. C7. ^ change in use of either quantity or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the"-reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's SignaturelTitle Date . . MAY 8 - 1986 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Set-Off application of Kapell Real Estate, Inc. & Limpet Corp. Gentlemen: The fOllowing statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, YO-D;mc\4~ ( . . MAY R - 1986 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 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.) 2. The name of the subdivision is to be ....N. A... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................................................... 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 Connty Clerk's office as follows: Liber ... .1.0010............... Page .)116................. On ... .Apr.i.l..4,..1986....; Liber ........................ Page ...................-.. On . . . . . . . . . . . . . . . . . . . . . . . . Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . , Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . , Liber ........................ Page ...................... On . . . . . . . . . . . . . . . . . . . . . . . J as devised under the Last 'WiIl and Testament of ....................................... or as distributee ......................... ............................................... ............................................... ............................................. S. The area of the land is ....11, 256sq..f.t. acres. 6. All taxes which are liens on the land at the rlate hereof have been paid except ............ ...........................................N..,I),.. ............................................ 7. The land is encumbered by ........ N.A... .. mortgage (5) as follows: -........................................... (a) Mortgage recorded in Liber ....... _ ...... Pag-e .................. in original amount of $. . . . . . . . . . . . .. unpaid amount $ ..... held by ...................... . . . . . . . . . . . . .. address .................. ........................................ (b) 110rtgage recorded in Liber .......'.. Pag-e . . . . . . . . . . . . . . . . . . . .. 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 ........................ ................................ N..A,.. ...................................... 9. The land lies in the following ;wning use districts .A,l\gl'.icul:t.ur.al~.Resid.entia.l........ ...........................................................................,............ 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ............................ ~.. .A... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. The applicant shall at his expense install all required public improvements. 12. The land (does) 04JOI(9()~JO)() lie in a Water District or Water Supply District. Name of Dis. trict. if within a District. is .. .Gr.eeop,QrL. . . . . . . . . . . . . . . . . . . . . .......................... 13. Water mains will be laid by .... N..A, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by N.A. ......................................... ..................................... ancl Ca) (no) charge will be made for installing said lines. IS. Gas mains will be installed by .......N ./!.,............ ...................... and Ca) (no) charge will be made for installing said mains. 16. If streets 5ho\vn on the plat are claimed by the applicant to be existing public streets In the Suffolk County Highway system, annex Schedule OlE" hereto, to sho\v same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets In the Town of South old Highway system, annex Schedule "C" hereto to show same. 18. There are no existing- buildings or structures 011 the land \vhich are not located and shown on the plat. 19. Where the plat sho\vs proposed streets \\' hich arc extensions uf strcets on adjoining sub- division maps heretofore filed, there are 110 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 app licl1lt will oficr proof of title as rcquired by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all H'strictions, covenants, etc. Annex Schedule "D". . . 22. The applicant estimates that the cost of grading and required public improvements will he $. . . . . 0. ... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ... . . . . . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE..... May......... .c:t.~...... 19.86. Kape.l.l. Re.al. Estate,. .Inc...& .Limpet. Co.r.p.. (N f Applicant) By .. ......~.&~.-.G)~......... (Sig ature and Title) Pr sident-Kapell Real Estate, Inc. 400 FRont Street, Greenport, N.Y. 11944 (Address) STATE OF NEW YORK. COUNTY OF ......."' . . . . . . . . . . .. . . . . ., 55: On the .................. day of. . . . . . . . . . . . . . . . . . -'. . . . . . .. 19. . . .. before me personally came . .-.- . . . . . . . . . . . . . . . . . . . . . .. . to me known to he the individual described in and who executed the foregoing instrument, and acknowledged that. . . ,he. . . . . executed the same. Notary Public STATE OF NEW YORK, COUNTY OF . .suffolk.................. ss: On the .. .. . <t~.. .. day ............ of .........Majl.. 19.86.... before me personally came David E. Kapel I................,... to me known. who being by me duly sworn did de- pose and say that. . . . . . he . .. resides at No. 40Q.. F-rO.flt. St.r.eet,. .Gr.eenport.,. .N, Y'.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,that ............... he. . . . . . . .. is the .......... .president...... of . ..Kape.ll. Re.al. Es.tate.,..Inc............................................. the corporation described in and which executed the foregoing instrument; that.... .I:le..... knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and tk\t ..... .he. . .. signed....n i s. . . . ... name thereto by like order. _ ;:~- ~;~./ ................ ..~ (// / I ,. .~~ rr' \ . . "l~... ~\0\.'\.'';; 'ilI""'"..... /~ ,\, ,:.,..... ~-~'\\.:_. J :~*/" 3>" "\r--IAP ;".'\TION 1000 048.00 03.00 025.001 ~ !?i?o!<?s4-2!~.1!~ ''',,' ',J. D.ilh Conn,nl,.,in" G"n'",', A"'-lndi'idU'l~ .'~ :n:, ~,~S7 8' CO'",SULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS Ot<:lY. 31~a:j nlLs INDENTURE, made the ls t day of April BE:~ JOSEPH CRENSHAW, residing at ,nineteen hundred and" Eighty-six 10725 Sound Avenue, Mattituck, New York 11952 party of the first part, and KAPELL REAL ESTATE, INC., a domestic corporation with its principal place of business at 400 Front Street, Greenport, New York 11944 and LIMPET CORP., a domestic corporation with its princip place of business at 218 Front Street, Greenport, New York 11944 party of the second part, WIlTNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerati?n paJld 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, AIL that certain plot, piece or parcel of land, with the buildings and improvementS thereon erected, situate, lyil1l: and being~..aIla at Greenport, Town of Southold, County of Suffolk and State of New York,map known as "Plan of Property of Greenport Driving .Park", and filed December 1, 1909 as Map No. 369 as and by Lot No. 16 and No. 65. BEING AND INTENDED TO BE the same premises as conveyed to Joseph Crenshaw, the Grantor herein, by deed of Eugene Mazzaferro dated Jlme 20, 1973 and'recorded in the Suffolk County Clerk's Office on June 21, 1973 in Liber 7423 of Deeds, at Page 539. SUBJECT to the rights of others to that portion of blacktop driveway shown on northwest corner of the above described premises as shown on survey by Roderick Van Tuyl, dated 3/6/86. The subject premises are not encumbered by a credit line mort,gage. . -, I $:',.~~,~i.~~:~(f.~. . REAL ESTATE I 31513 APR 4 1986 r. " TRANSFER TAX 'J SUFFOLK -0, COUNTY. '-'';''. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abntting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the 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 uparties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ,. '~,.'"~ r c~:tfi(&l~~ '-. \ ~\ \. i 1..1NNEl" S:r12.EET' sd - ~,-....._--- -._-- - .,---.. - -T'. , i I I i ---- ---. , 'NA:'t".Il.. MAIN , _~'_H_'H_ --- --._ f . - I, 10 I . , . Slh..JE'1i:: not A UJ , I , I i I I ~ @ wb J. ~'J =i~ I ~. ,I 5.'-28 s..... I ! i I N - ""' 0' ~ ~i O! ~. Q' I (i, a.. 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""""""""n"," . onty to the ~on for whom the fW'M'fi/ OF TJ-lE' S.uPF'O'".K- CO. l-l e At.. TM De~~ I k".""r.....odonh!ob&..,.~"'''''' titklcompeny. gowwnmentalllClInc:y anti ug.,1(~7~~.~~:_Z56~6_. ~~::=:,. ~UA.k?N,rttEoro r1TLE USA I t'JS'-u',,-ANCl: _____..-.....__ A5.5~v'ii~;ED-..,- ----.. ~6.~ -'_._----~-". 12QQE12ICI( 'VN~ TLJYL,E~.. j i j ~ , I 1 ~ 1 ~ J , ~ '.<i 1 l j ~ l ,1 1 , j , 'l j ! ;'I' . AN1E"NOEO tAA'I '.1986 -"~'-'--- ----.---. "-"--,-_._"..---~- i2~ ..-~ v..;... UC LM'oiv SUk,Vf.YQIll-';S ~.___._~ . ." .-.. '.<1 '-"12 E t: .N :;..gg.'I;N,Y