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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'
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MINOR SUBDIVISION
1. 6 copies sketch plan received
spot elevations
,
,
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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
..
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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. _
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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.
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REAL ESTATE I
31513
APR 4 1986
r.
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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.
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