The URL can be used to link to this page

Home My WebLink About1000-31.-5-15 2.0 MINOR SUBDIVISION 145.14' /00~ - 0.8I - 'FYPICAL WELL iNS-fAL L ATk~N APPROVJ~O BY PLANNING IOARD TOWN OF IOUTHOLD TYPICAL. POOL. ..%yS'T ~ I'~ SUFFOLK COUILTY DEPARTMEHT O[ HEALTH SERVICES Hauppauge, NewYa~k .JAN ? ~ 1§85 Southold, N.Y. 11971 (516) 765-1938 July 1, 1985 Mr. Joseph Gazza 37 Gardiners Lane Hampton Bays, NY 11946 Re: Andrew Lettieri~ Minor subdivision Dear Mr. Gazza: Enclosed is a survey of the above mentioned approved subdivision which has been ~ndorsed by the Chairman. 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. RECEI¥~ ) BY UBE gSJ-Z 41 O U OLI] lOWii ....... DECLARATION OF COVENANTS AND REs c o s 1985' ~ DATE This Indenture made this~/ day of Lettieri residing at 48 Cayuga Road, Yonkers, New York, herein- after called the Declarant. '~ereas, the Declarant is the owner in Gee simple of a certain parcel of land situate at East 5~rion, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax as District ~000, Section 03~., Block 05, and Lot 001 containing approximately 14.98 acres, being the same premises acquired by the Declarant by Deed dated M~ ~9TM ~983 and recorded in the Suffolk County Clerk's Office on uu~ ~v, ~03 in Liber 9374 of Deeds at page 1, and referred~to herein as the "premises" and ~ereas, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegatation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and Whereas, the Declarant had applied to the Planning Board of the Town of Southold for approval of the subdivision and develop- ment of the premises as a ~nor Subdivision, to contain not more than four (4) lots or parcels. Now, Therefore, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restric- tions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a Deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and res- trictions hereinafter set forth. 1- No lot or plot as shown and designated on the ~,~inor Subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided, except Parcel B, which has an area of ~0.67 acres, further subdivision of Parcel B shall be limited to Three (3) Lots. contained herein shall be oon~$~$on~ and restrfction construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforce- able by the Declarant, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. STATE OF NEW YORK CountyofSuffolk SS.: I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court bein~, Courtzof Rec.o.r~. DO ~EREBY CI~RT. IFY thakl have compared t. be annexed copy of and that it is a just and true copy of such original /Zg,~z-~,-- and of the whole thereof. 12-109:1/84 ieri, to me known to be the individual QescrlceQ in ~ted the foregoing instrument, and acknowledged that executed the same. Notary Public ALICE PASTOR '--- NOTARY PUBLIC OF NEW JERS~ MY COMMISSION EX?lEES AU& $, 1986 Josep~ Frederick G~,a- Atty. 37 Gardecrs L~no Hampton ~ys, New York 119~ Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCIIIE 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 1, 1999 Joseph Frederick Gazza P.O. Box 969 5 Ogden Lane Quogue, NY 11959 RE: Subdivision Applications for Gazza and Lettieri SCTM# 1000-22-3- (19-22) & 31-5-1.2 Dear Mr. Gazza: I reviewed the above mentioned files in response to your telephone request for a list of the application fees and environmental fees paid to the Planning Board during the subdivision review. The fees paid are as follows: August 1985 Minor subdivision application fees $1600.00 July 1989 SEQRA review fee $70.00 May 1993 SEQRA review fee $1500.00 October 1993 SEQRA scoping fee $350.00 Please let me know if you require any additional information. Planner FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-Preeident JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1892 Joseph F. Gazza, Esq. PO Box 969 30 Ogden Lane Quogue, N.Y. 11959 November 25, 1988 Re: Proposed minor subdivisions, Dam Pond, East Marion, N.Y. Dear Mr. Gazza: The Board has discussed the above mentioned proposed subdivision at their November 17, 1988 meeting and would like you to submit an application for permits for road construction, which will be evaluated by the Trustees. FAK: jas cc: Planning Board Building Dep't. Very truly yours, · j ki, Jr. (WY President ~// Board of Trustees. New York State Department of Environmer Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 NOV 2 1 1 88 '! '-',,: ,u-¢j~ o~ sou fi/~h~b~ j ~ovembe~ 17, 1988 Thomas C, Jorll, Commissioner Francis j. Murphy, Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Supervisor Murphy'" Thank you for your letter of October 31, 1988 concerning Dam Pond in the Town of Southold. The Department is aware of the development pressure in this area and shares your concern for this environmentally sensitive project. , The Region I Office is Currently in the process of categorizing, evaluating, and ranking in priority order the acquisition nominations received on Long Island. The most sensitive projects are forwarded to the Land Acquisition Project Review Committee, for evaluation against similar projects nominated from across the State. The properties outlined in your letter will undergo this review process to determine the natural resource values of the project. I assure you, your comments and concerns will be considered during this process. Thank you for your dedication to the State's land acquisition program. Sincerely, PJF:sjmr Peter ~',; ~an~~ Forester, Stony Brook TO~VN OF $OUTHOLD OPEN SPACE COMMITTEE Town Hall Southold, NY 11971 765-1801 November 10, 1988. Francis J. Murphy, Supervisor Town of Southold 53095 Main Road Southold, N.Y. 11971 Dear Mr. Murphy: At our meeting of November 3, 1988, the Open Space Committee expressed unanimous endorsement and support to your proposal of October 31, 1988 to the Department of Environmental Conservation to protect the Dam Pond ecosystem by acquisition of adjoining wetlands. We are convinced that transfer of the lead agency status to the Planning Board is a salutary measure. If any of these unique properties is appropriate for open space acquisition, our committee is ready to give such a proposal full consideration. F'AR:JW Sincerely, Frederick A. Ross, Chairman Southold Town Open Space Committee cc - Robert Greene, Permit Administrator Arthur Kunz, Acting Director, Suffolk County Planning Department Frank Panek, D.E.C. Southold Town Planning Board Conservation Advisory Committee Board of Trustees Open Space Committee FRANCISJ. MUR SUPERVISOR TELEPHONE (516) 765-1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD TOWN HALL, 53095 MAfN ROAD P.O. BOX 1179 SOUTHOLD, NEW YORK 11971 October 31, 1988 M~'. Harold Berger, Regional Director Department of Environmental Conservation S.U.N.Y., Building 40 Stony Brook, New York 11790 Dear Mr. Berger: At this time, I would like to request of you that portions of the following properties around Dam Pond be placed on the list of possible acquisitions of land under the Environmental Quality Bond Act in Southold Town. SCTM # 1000-22-3-15.1 1000-22-3-18.3 1000-22-3-19 1000-22-3-20 1000-22-3-21 1000-22-3-22 1000-22-3-23.1 1000-23-I-2.2 1000-31-5-1.2 1000-31-5-6 1000-31-5-7 1000-31-5-10 1000-31-5-26 The Town's main objective in requesting the placement of these properties on the list is to preserve the wetlands surrounding the Pond itself. Therefore. we are not requesting purchase of the entire premises of any of the parcels noted above, but. rathe-, the fresh and tidal wetlands and a suitable buffer of one hundred feet-adjacent to the edge of, the wetlands. Enclosed you will find a tax.~ap and supporting documentation as to the environmental sensitivity of Dam Pond. The documentation was prepared for the Town by the Office of Ecology of the Suffolk County Department of Health Services. Further, Robert Greene, Permit Administrator at the DEC's Albany office, has in his possession a draft environmental impact statement for the Mr. Harold Berger Page 2 Town of Southold October 31, 1988 proposed subdivision development known as Cove Beach Estates, which is located on parcels 1000-22-3-15.1 and 1000-22-3-18.3. The Town has also been in contact with Mr. Greene about the proposed subd'vismn applications on parcels 1000-31-5-1.2, 1000-22-3-19, 20, 21, and 22. On those appl'catJons, the Planning Board is requesting the transfer of lead agency status from the DEC to the Planning Board. If additional information or an aerial photograph of the area is needed by your office, please do not hesitate to contact me at 765-1800 (or the Town Planner at 765-1938). Please expedite this evaluation as this parcel is under developmental pressure. In light of this intense development pressure around the pond, the assistance of your office would be greatly appreciated. FJM: rbw Very truly your/s~ r ~Ul::~r'~-vi.sor~. SouthoId Town Richard Ryan Robert Greene. Permit Administrator Arthur Kunz. Acting Director. Suffolk County Planning Department Frank Panek. DEC Southold Town Planning' Board Conservation Advisory Committee Board of Trustees Open Space Committee LIST OF PROPERTIES AROUND DAM POND AND THEIR OWNERS SCTM # 1000-22~%15.1 and 18. 1000-22-3-19 1000-22-3-20 1000-22-3-21 1000-22-3-22 1000-22-3-23.1 1000-23-1-2.1 1000-23-1-2.2 Harold Reese & Others 855 Sunrise Highway Lynbrook, New York 11563 Joseph F. Gazza 3 Ogden Lane Quogue, New York 11959 Bernice Lettieri 48 Cayuga Road Yonkers, New York 10710 Joseph F. Gazza same as above Grundbesitzer Corp . & Ano. same as Gazza address Charles S. Gillispie Box 267 East Marion, New York 11939 Mary Ruth G. Whitehead 6 Stone Tower Lane Barrington, Rhode Island 02806 Charles S. Gillespie same 1000-31-5-1.2 1000-31-5-6 1000-31-5-7 1000-31-5-10 1000-31-5-26 Andrew Lettieri 48 Cayuga Road Yonkers, New York 10710 Sonja Stein 68 Longridge Road Plandome, New York 11030 Althea C. Reybine East Marion, N~w York 11939 Joseph L. Townsend, Jr. 216 Main Street Greenport, New York 11944 Edna Brown East Marion, New York 11939 DEPARTMENT OF HEALTH SERVICES I~)UNTY OF SUFFOLK Patrick Halpin ~;UFFOLK COUNTY EXEC~JTIVE DAVID HA/~RI$. M.D., M.P.H. March 24, 1988 Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, New York 11971 RE: Office of Ecology Field Report of Property at Dam Pond Dear Valerie: I am writing you in reply to your letter of March 14 to Louise Harrison of our office concerning the above-referenced field report. I have enclosed a copy of this report, as per your request. Please note that this field report refers to the property corresponding to the Harold Reese subdivision applica- tion (SCTM: #1000-22-3-15.1 & 18.3). The Office of Ecology is currently reviewing applications for the other tax parcels mentioned in your letter (i.e. SCTM: #1000-22-3-19, 20, 21 & 22). Should we gain further significant natural resources information on these parcels, we will forward it to you. I hope'that the enclosed field inspection report is helpful to you in your evaluation of the area for EQBA acquisition. Should you have any questions concerning this report, please feel free to call me at 548-3056. NRG/amf Enc. Sincerely, ~ Neil R. Giffen Environmental Analy~ Bureau of Environmer Management Office of Ecology De7a-,--_~e_nu of Heain-. Se-'~;ices OFFi~ OF ECTLC~f 1 1. Does t-he site adjoLn or ccnra/_n z~UAL/Cm~ ----------------- -Refer=_nce Mam~:-~,.~-~,4 We~_!and ~ ~ Ye¢ ~' - ~ - Zone(s): ~ ~2. F.E.~.A. F!c~=i~: No ~ Y~ ~ ~=~:~c~- I4. Is ~s ~__ ~ ~v~n~cri~ Si~q~I~ ~: No R~c~: 15. Is r_~_-s ar=a wzr_n C.£.H.A. BCLiNCAR~: 19. 20. 2~. 12 [>-~ .... . _.. Ccve~_=~e ~ 0. Eccicc~ica! B~-nefi:s: 1]. Sc .... s of S.ceciai Ccncerr.: Ia Endancered, ' ~==-=, ~ 15 Re___r_~n Uses: 17. Phcuc.crap~--~c Infc~raUicn (~hou~-ramhar nmos, er cf phcuua t~f~=--n, direc-_~cn, etc. ) .... ~" ~-- ~.c~- ~_c..a± Discaasicn: DEPARTMENT OF HEALTH SERVICES C~UNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS. M.D., M.P.H. March 29, 1988 Valerie Scopaz, Town Planner Town of Southold 53095 Main Road Southold, NY 11972 RE: Dam Pond Subdivision, Field Inspection SCTM# 1000-22-03-19 through 22 and 1000-31-05-1 Dear Ms. Scopaz: As part of our department's review of the above-mentioned application, the Office of Ecology has conducted a field inspection of the subject property. I have enclosed a copy of our field inspection report which I hope will be helpful in your site analysis and provide the information you requested in your letter of March 14, 1988. Thank you for the opportunity to provide you with natural resources data pertaining to the subject site. Should y6~ have any ~uestions or require additional assistance, plese feel free to contact the Office of Ecology at your convenience. RSD/ta Enclosure Robert S. DeLuca Biologist Bureau of Environmental Management Office of Ecology 50UT~OLD ~OWN ~L~NNING BOARD CFF=--.-~- CF ECCZC~Y '," --a_id L~.=e_--z.-.: Jlzvfr? . ' ...... * ..... ~eq'-_.:a.rmc Ar-._~c_'a d r 'ii: 7. Ls r--=.ar= a s~:e'Y- ), d :a//_nea<~2 by_: 12. S_~ec!:_s of _c____i:_~ CT. ncc_rT.: .w ~ 1~ E~dangered, =n == :-=~,. r_ or ....... ~- _!a-us: Uses: _, : b::a:/..--.? r -~ - E:S~ECT_'CN DEPART~4ENT OF HEALTH SERVICES ~OU~TY OF SUFFOLK Patrick Halpin March 1, 1988 Mr. George W. Hammarth, Environmental Analyst NYSDEC, Division of Regulatory Affairs SUNY at Stony Brook, Building #40 Stony Brook, New York 11794 RE: NYSDEC Application #10-87-1200, Dam Pond Subdivision S.C.T.M. #1000-22-3-19 through 22 and 1000-31-05-1 Dear Mr. Hammarth: The Suffolk County Department of Health Services received your lett.er of December 9, 1987. Please be advised that our department wishes to participate in coordinated review of the above-referenced application. The Office of Ecology will conduct a field inspection of the subject property as part of our department's review of this proposal. We subsequently will provide your agency and the Town of Southold with our comments and concerns pertaining to the proposed action's compliance with the Suffolk County Sanitary Code, and its potential impacts on natural resources. We hope yoQ will keep us apprised of the status of the subject application, so our comments can be submitted at the most useful stage of review. Thank you for the opportunity to provide your agency with information pertaining to the review of this application. Should you have any questions or concerns, please feel free to contact the Office of Ecology at your convenience. RSD/amf cc: Valerie Scopaz, Town of SoutholdJ Charles Hamilton, NYSDEC Sincerely, Robert S. DeLuca Biologist Bureau of Environmental Management Office of Ecology JOSEPh FReDERICk GAZZA ATTORNEY AT LAW P.O. BOX 969 30~DEn LAne QUOGUE, NEW Y~)RK ! 1959 (516) 653-5766 (Day AnD EveNing) R. ECE~VED SOI]IIIOLD TDt',:~ PLA~I)iI~G p~ ~,' 7-/-1 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 RECEIVED SOUIHOLD IOWN PLANNII~G ~JUN 18 DATE I"IAY 3 1985, ROBERT W. TASKER Town Attorney ~D TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 1 ! 944 May 3, 1985 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor subdivision - Andrew Lettieri Covenants & Restrictions Dear Mr. Orlowski: I have reviewed the proposed Declaration of Covenants and Restrictions relative to the above subdivision and approve the same as to form. Yours very truly, ~ ROBERT W. TASKER RWT :aa T LD Southold, N.Y. 11971 (516) 765-1938 April 29, 1985 Mr. Robert Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Minor subdivision Andrew Lettieri Dear Mr. Tasker: We are in receipt of the enclosed covenants and restrictions on the abo~ mentioned subdivision. Would you please review them, and advise us if they are in order. Also enclosed is a copy of the Planning Board resolution requestidg the covenants, as well as, a map of the subdivision. Thank you for your assistance in this ~matter. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. A3~'ORNEY AT LAW 37 (~ARDINERS LANE HAMPTON BAYS, NEVV YORK 11946 516-728-1886 (DAY AND EVENING) April 24, ~985 Southold Town Planning Board Town Hall 5~ain !Road Southold, New York 11971 Re: 5~inor Subdivision of Andrew Lettieri Dear l~ss Diane ~. Schultze, Attached please find a copy of proposed Declaration of Covenants and Restrictions in accordance with your request of April ~7, 1985. Please advise if this Draft meets with your Board's approval as to substance and form. Upon notification that the Document is proper, I will have 5~. Lettieri execute the original thereof and arrange with you the recording thereof. cc, file Very truly yours, Jose~~Gazza DECLAtATION OF C),~hA~T~ ~I[/ This Indenture made this day Lettieri residing at 45 Cayuga Road, after called the Declarant. of :ay, ~985 by .b~drew Yonkers, New York, herein- ':~ereas, the Declarant is the owner in ~ee simple of a certain parcel of land situate at East r,¢rion, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax ~Bp as District ]000, Section 05], Block 05, and Lot 001 containing approximately 1~.98 acres, being the same premises acquired by the Declarant by Deed dated and recorded in the Suffolk County Clerk's Office on in Liber 93?4 of Deeds at page 1, and referred:to herein as the "premises" and Whereas, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegatation and to prevent overcrowding and to conserve the ~nund water resources of the Town of Southold, and v~ereas, the Declarant had applied to the Planning Board of the Town of Southold for approval of the subdivision and develop- ment of the premises as a ~nor Subdivision, to eontain not more 'than four (4) lots or parcels. Now, Therefore, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restric- tions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a Deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and res- trictions hereinafter set forth. 1- No lot or plot as shown and designated on the Minor Subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided, except Parcel B, which has an area of ~0.67 acres, further subdivision of Parcel B shall be limited to Three (3) Lots. 2- That all of the covenants, conditions and restriction contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforce- able by the Declarant, their heirs, successors and assigns; any owner of any portion of 'the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IM WITNESS WHEREOF, this indenture has been executed the day and year first above written. ~tudrew Lettieri STATE OF MEW YORK COUNTY OF SS: On the day of ~y, 7985 before me personally came kndrew Lettieri, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public Southold, N.Y. 11971 (516) 765-1938 April 23, 1985 Mr. Joseph Gazza 37 Gardiners Lane Hampton Bays, NY 11946 Re: Andrew Lettieri Dear Mr. Gazza: Pursuant to your request, enclosed is a copy of covenants and restrictions which can be used as a guide for preparing the covenants and restrictions which the Board requested on the above application. When you have prepared the document, please forward a copy to the Planning Board so we may have our Town Attorney review it. If you have any questions, please don't hesitate to contact our office. Very truly yours, enc. BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD y Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 April 17, 1985 Mr. Joseph F.G azza 37 Gardiners Lane Hampton Bays,NY 11946 Re: Andrew Lettieri Dear Mr. Gazza: The following action was taken by the Southold Town Planning Board, Monday, April 15, 1985. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Andrew Lettieri" located at E. Marion was submitted to the Planning Board on April 16, 1984 and, filing fee of $50 was paid on April 16, 1984, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on April l, 1985 at 7:30p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Andrew Lettieri" for approval of said subdivision plat prepared by Frank Bayles, and last dated October 17, 1984, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following condition to be completed within six (6) months from the date of this resolution: 1. Filing of covenants and restrictions with the County Clerk stating that any further subdivision of Lot B will be limited to three (3) lots. Mr. Joseph Ga~a (3) 4/17/85 When we are in receipt of notice that the condition has been met, the Chairman will endorse the maps. If you have any questions, our office. please don't hesitate to contact Very truly yours, BENNETT ORLOWSKI, JR. , C~AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 March 19, 1985 Mr. Joseph F. Gazza 37 Gardiners Lane Hampton Bays,N Y 11946 Re: Andrew Lettieri At East Marion Dear Mr. Gazza: The following action was taken by the Southold Town Planning Board, Monday, March 18, 1985. RESOLVED that the Southold Town Planning Board set April 1, 1985 at 7:30 p.m. at the Southold Town Hall,Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivisio~ of Andrew Lettieri located at East Marion. 2 lots on 14- acres. Enclosed is a copy of the legal ~notice. B~ry truly yours, , J ., CHAIRM~N SOUTHOLD TOWN PLANNING BOARD By Diane M~ Schultze, Secretary enc. LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of th~ Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said Town on the 1st day of April on the question of the folio, wing: 7:30 p.m. Approval of the minor subdivision of Andrew Lettieri, located at East Mar- ion in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the northerly side of Main State Road, where the easterly side of land now or formerly of Cove Beach Estates, Inc. inter- sects the northerly side of Main State Road; RUNNING thence along said last men- tioned land, the following eight (8) courses and distan- ces: 1.} N. 12° 39' W 242.90 feet; 2) S. 7S° SY W. 23.10 feet; 3) N. 13° S4' 20" W. 387.42 feet; 4.) N. 12° 20' $0" W. 598.78 feet; S.) N. 14° 55' W. 111.96 feet; 6.) N. 14° 1S' SO" W. 71.14 feet; 7.) N. 19° 17' 20" W. 144.10 feet; 8.) S. 68° 17' 30" E., 312.90 feet; THENCE S. 60° 24' SO" east along land now or formerly of Grundbesitzer Corp., 443.85 feet, part of said line running through Dam Pond; THENCE continuing through Dam Pond, on a tie line of S. 13° 22' 30" east a distance of 84 X 44 feet; THENCE S. 14° S1' 44" east, through (2) monuments and along land now o~' formerly of Stein, 937.S8 feet; THENCE S. 89° 37' 20" west, 364,18 feet; THENCE N. 9° 1S' 30" west, 77.61 feet; THENCE S. 89° 37' 20" west, 14S.14 feet; THENCE S. 12° 39' east 290.00 feet to the northerly side of Main State Road; THENCE N. 81° 20" west along the northerly side of Main State Road, 53.68 feet to the point or place of BEGIN- NING. Containing 14-* acres. Any person desiring to be heard on the above matter should al~pear at the time and place above specified. Dated: March 19, 1985 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKL JR., CHAIRMAN 1T-3/21/85(17) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. /. ........ weeks successively, commencing on the ........ :'. ~ ........... day of.. :...'.:: . .: ...... 19 i - ............................ /.-.~/. ........... Sworn to before me this .......... ~.'". .........day of ) Notary Public BARBARA FORBES Notary Public, State o£ New York No. 480~46 Qualified in Suffolk County Commission Expires March 30, STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA T,I~T<T<AS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week fernE weeks successively, commencing on the 2 ] day of MARCH 19~ 5 Principal Clark Sworn to before me this 2 1 f MARCH 1985 ANN M, ABATE / ~ } ~6"~fdk County No 474SI,~3 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE March 8, 1985 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Andrew Lettieri Northerly side of Main Road, New York State Route 25, approximately 1,900 feet easterly from Stars Road, East Marion. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 6, 1985, reviewed the proposed subdivision plat entitled, '~4inor Subdivision - Andrew Lettieri", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: The proposed subdivision will result in the creation of two land- locked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is con- trary to good subdivision layout principles and creates problems as far as access by emergency and service equioment is concerned; this could result in health, safety and welfare problems for the future residents of these lots. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for each of these lots under Section 280-a of the Town Law as the future owners of these lots cannot be held responsible for the landlocked nature of the parcels. There is no indication in the referral materials to indicate that consideration was given to the retention on the site of any storm- water runoff resulting from the development and improvement of the tract so that it will not flow out into the state road and that there will not be any direct discharge of stormwater runoff into the wet- lands on the property and into Dam Pond. Mr. Bennett Orlowski, Jr. - 2 - March 8, 1985 Re:Minor Subdivision - Andrew Lettieri The Commission also offers the following comments on the map for your use and consideratiom: It is felt that this subdivision proposal should be treated as a major subdivision and that the right-of-way be developed as a road since it serves not only the two proposed lots but adjoining prop- erty or properties as well. It is evident from the layout of this subdivision that there is po- tential for further subdivision. Measures should be taken to in- sure that this layout will accommodate further subdivision without the need for relaxation of subdivision standards on the basis of a claim of hardship. Piecemeal subdivision of a large tract without a tentative overall subdivision plan should be approached with caution. Prior subdivi- sion that is not in accordance with a plan can result in a poor lay- out in the future and elicit a plea of hardship by the subdivider for relief from some of the subdivision requirements. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lihd, Chief Planner Subdivision Review Section File: S-SD-85-10 CGL :jk Encl.: Map cc: J. A. Kinsella, County Clerk R. A. Villa, P.E., SCDHS I0 0 ) -- A--~ eighty three THIS I!~D~ made the ~ day of ;,F-~ , nineteen hundred BE~-~-~ ~drew Lettier~, residing at 48 Cayuga Road, Yonkers, New York 10710 and John A. D~sptrtto, reaiding at 1 Hudson tIarbor, Edgewater, New Jersey 07020 OISTF~CT SECTION RLOCK LOT party of the first part, and ~l~c~,l<~t$. · Ig~ Yo~K ~o-t~o Andrew Lettieri, residing at 48 Cayug~ Road, 1 :'.-a~5~r. :'.~rt~r,~..o~..~ ......... ~, party of the second part, ~VITN~, that the party of the first part, in consideration of Ten Dollars and otke~ considerations lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and ~ing~mMm at East Marion, Town of Southold, Suffolk County, New York, bounded a~:d described as follows: BEGINNING at a point on the northerly side of Main State Road, where the easterly side of land now or formerly of Cove Beach Estates, Inc., intersects the northerly side of Main State Road; RUNNING thence along said last mentioned land, the following eight (8) courses and distances: (1) North 12 degrees 3~minutes (2) South 75 degrees~3 minutes (3) North 13 degrees 54 minutes (4) North 12 degrees 20 minutes (5) North 14 degrees 55 minutes {6) North 14 degrees 15 minutes (7) North 19 degrees 17 minutes (8) South 68 degrees 17 minutes West, 242.90 feetl West, 23.10 feet; 20 seconds West, 387.42 feet; 50 seconds West 598,~8 feet; West,Ill.96 feet; 50 seconds West, 71.14 feet; 20 seconds West, 144.10 feet; 30 seconds East, 312.90 feet; THENCE south 60 degrees 24 minutes 50 seconds east, along land n<~/ or formerly of Grundbesitzer Corp., 403.85 feet, part of said line running through Dam Pond; THENCE continuing, through Dam Pond, on a tie line of south 13 degrees 22 minutes 30 seconds East, a distance of 84.94 feet; THENCE south 14 degrees 51 minutes 40 seconds east, through (2) monuments and along land now or formerly of Stein, 937.581feet; THENCE south 89 degrees 37 minutes 20 seconds west, 364.18 feet; THENCE'North 09 degrees 15 minutes 30 seconds west, 77.61 feet; THENCE south 89 degrees 37 minutes 20 seconds west, 165.14 feet; THENCE south 12 degrees ~9 minutes east, 290.0 feet to the northerly side of Main State Road; THENCE north 81 degree~20 seconds west, along the northerly side of Main State Road, 53.68 feet to the point or place of BEGINNING. TOGETHER with and subject to the right of ingress and egress with others across a ten (10) foot right-of-way presently situate on the premises. $..../.~.~..::.~... REAL ESTATE JUN 1,1 ]983 TRANSFER TAX SUFFOLK ~n, ,~, ,-,, ARI'IIUR J. f'tl ICE. '37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 FEB 111985 Pebruary 6, 1985 Southold Town Planning Board ~lain Road- Town Mall Southold, New York 11971 Re, ~/nor Subdivision of A. Lettieri at East ~rion Dear Board ~embers, Please accept this letter as a clarification of the Right of way status as shown on the above referenced map. An existing travelled farm road is within the bounds of the accurately described 50 Ft. R.O.W. as shown on the proposed b~nor Subdivision ~lap above referenced. The legal right of access over the Right of Way area is set forth in Deed of Henry H.C. Tuthill, Libor 1041 page 118 to Fred Tabor and set forth in ~urrogate Court Estate file of Fred Tabor (200p. 1946). Deeds to lands of Joseph Boken, deceased made by Anthony ~1~stroianni, Public Administrator of Suffolk County C.T.A. of the Estate of Joseph Boken Sr. to Andrew Lettieri convey title together with and subject to right of ingress and egress with others over this existing travelled farm road (libor ~111 page 58). This existing travelled farm road within the 50 Ft. R.O.W. will be upgraded to the standards set forth by the Southold Town Planning Board. The existing travelled farm road within the 50 Ft. R.O.W. intersects N.Y.S. Rt. 25 and this entrance was the subject of a N.Y.S. D.O.T. permit application No. X82-0~92. An intersection type roadway was constructed in April of 1983 under Bond, which said entrance way was approved by N.Y.S.D.O.T. and Bond released! (see photocopy of N.Y.S.D.O.T. correspondence attached). Respectfully submitted, Joseph Freder ck~Gazza SL~ Southold, N.Y. 11971 (516) 765-1938 February 14, 1985 Charles G. Lind Chief Planner Subdivision Review Section Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, NY 11788 Re: Minor Subdivision of Andrew Lettieri at East Marion Dear Mr. Lind: As per your request of November 21, 1984 regarding clarification on the right-of-way within the above mentioned subdivision, enclosed is correspondence from the attorney for the applicant. Also enclosed, for your review, is correspondence from the NYS D.O.T. regarding the curb cut for the right-of -way which was submitted by the applicant. If you need any further information, please don't hesitate to contact our office. Very truly yours, ~ENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Region 10 Office: New York State Office Building Veterans Highway, Hauppauge, New York 11787 NEW YOI~K STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy, Commissioner November 16, 1982 Mr. Joseph Gazza 37 Gardner's Lane Hampton Bays, N.Y. 11946 Dear Mr. Gazza: Re: State Highway Work Permit, #X82-0192, Rt. 25, East Marion This Department has reviewed your request to construct an inter- section type roadway in lieu of a standard curb cut at the above location. By authority of this letter, permission is granted to construct a 30'0" wide intersection to conform to the specifications detailed on the attached plan. The roadway will be constructed of asphalt in lifts specified. This letter shall be attached to your current permit and made available whenever work is being done at the job site. Sincerely, H. R. THYBERG Regional Permit Engineer Region 10 HRT:VFL:RD Encs. ,_C /,(..: :;::':,' YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy, Commissioner Region 10 Office: New York State Office Building Veterans Highway, Hauppauge, New York 11787 December 9, 1982 Mr. Joseph Frederick Gazza 37 Gardiners Lane Hampton Bays, New York 11946 Dear Mr. Gazza: Re: State Highway Work Permit, # X82-0192, Rt. 25, East Marion, New York This is in reference to your letter of December l, 1982, pertaining to amending of the above mentioned permit to provide a 30' wide intersection type entrance in lieu of the standard curb cut. In the event you decide to develop your property, the intersection ~ype driveway which you will build according to our specifications as indicated in our letter of November 16, 1982) will be suffic~nt. No additional permit will be required at a future date unless the the development of said property conflicts with the traffic flow or if in any way ~ will cause a hazard to pedestrians and the motoring public. In that event we will require modifications to your access roadway. If you require any additional information, please feel free to contact this office at any time. Regional Permit Engineer Region 10 HRT:RD $outhold, N.Y. 11971 (516) 765-1938 December 18,1984 Mr. Joseph Frederick Gazza 37 Gardiners Lane Hampton Bays, NY 11946 Re: Minor subdivision of A. Lettieri Dear Mr. Gazza: The following action was taken by the $outhold Town Planning Board, Monday, December 17, 1984. RESOLVED that the Southold Town Planning Board ~clare them- selves lead agency with regard to the State Environmental Quality Review Act for the minor subdivision of Andrew Lettieri located at East Marion. An initial determination of non-significance has been made. If you have any questions, please don't heaitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN By Diane M. $chultze, Secretary Southold, N.Y. 11971 (616) 765-1938 December 17, 1984 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section- 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Andrew Lettieri is 2 lots On 11 acres located at East Marion, Tax map NO. 1000-31-5-1.2. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. ~ Because there has been no correspondence from the Department of Environmental Conservation in the alott~d time it is assumed there are no comments or objections by that agency. The Suffolk County Hea~hDepartment has no objection of our designation of lead agency. There is no record of an application to that department. It appears that the project can be served by Subsurface sewage disposal system and a public water system. They note that information is needed regarding subsoil conditions to a depth of 17' and location, elevation of corners of parcel, subdivision application must be filed and approved ~by Department of HEAlth, intended use of parcels. They request these items prior to further review. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schu~tze,~ Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Commission Francis J. Murphy Joseph F. Gazza $[ Southold, N.Y. 11971 (516) 765-1938 December 17, 1984 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Andrew Lettieri is 2 lots on 11 acres located at East Marion, Tax map NO. 1000-31-5-1.2. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Department of Environmental Conservation in the alotted time it is a~.sumed there are no comments or objections by that agency. The Suffolk County Hea~hDepartment has no objection of our designation of lead agency. There is no record of an application to that department. It appears that the project can be served by Subsurface sewage disposal systDm and a public water system. They note that information is needed regarding subsoil conditions to a depth of 17' and location, elevation of corners of parcel, subdivision application must be filed and approved by Department of HEAlth, intended use of parcels. They request these items prior to further review. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schu~tze, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Cor~,ission Francis J. Murphy Joseph F. Gazza P Southold. N.Y. 11971 (516) 765-1938 December 17, 1984 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section' 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that $outhold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Andrew Lettieri is 2 lots on 11 acres located at East Marion, Tax map NO. 1000-31-5-1.2. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Department of' Environmental Conservation in the alot.ted time it is a~umed there are no comments or objections by that agency. The Suffolk County Hea~hDepartment has no objection of our designation of lead agency. There is no record of an application to that department. It appears that the project can be served by Subsurface sewage disposal system and a public water system. They note that information is needed regarding subsoil conditions to a depth of 17' and location, elevation of corners of parcel, subdivision application must be filed and approved.by Department of HEAlth, intended use of parcels. They request these items prior to further review. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contactiqg Diane M-. SchuYtZe, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Department of Health Services Suffolk County Planning Com~ission Francis J. Murphy Joseph F. Gazza S~TY Southold. N.Y. 11971 (516) 765-1938 December 6, 1984 Mr. Joseph Frederick Gazza 37 Gardiners Lane Hampton Bays, NY 11946 Re: Minor subdivision of A. Lettieri at E. Marion Dear Mr. Gazza: Enclosed please find a copy of the correspondence received from the Suffolk County Planning Commission, regarding the above mentioned subdivision. They request that you clarify the right-of-way. Would you please submit information to clarify this, and forward it to the Southold Town Planning Board so that we may refer it to the County. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~O~THOLD 7OWN PLANNING ~OARD ~y uiane M. Schultze, Secretary enc. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5207 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Plat Name: Location: November 21, 1984 Prelim~nary Final X Minor Subdivision - Andrew Lettieri N/s Main Road, N.Y.S. Rte. 25 1900'~ e/of Stars Road, E. ~rion, N.Y. Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County' Charter, the above referral will not be reviewed by the Suffolk County Planning_ Co,,,~ssion because of noncompliance with requirements for notice and maps as stipu- lated in Informational Bulletin #8 of the Suffolk County Planning Comm~ssion. The material as checked below is required before referral will be reviewed: 3 copies of final map 1 copy of preliminary map 1 copy of proposed grading plan 1 copy of proposed road profiles 1 copy of proposed drainage plan 1 copy of topographic map Letter from N.Y.S.D.E.C (Tidal Wetlands and/or Freshwater Wetlands Act) Other Please clarify status of R.O.W. Is it an existing or proposed right-of-way or a proposed road? Please consult SuffoE County Oelmrtment of Planning Informational Bulletin No. 8 for complete referral requirements. File: 1333-D-84-72 CGL. Jk Form: SRS-76-01 Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Rmview Section 11788 PLA~NING~BOARD TO~ OP~ $OU~HOLD SUFFOLK ~COUNTY Southold, N.Y. 11971 Richard Ward ;AMES WALL BENNETT ORLOWSKL Jr., Chairman GEORGE RITCH/E LATHAM. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 TELEPHONE 765 - 1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision)~.~J~] Hamlet ~fi Tax Parcel Identifier No. fO00 - ,~ t - ~ -- / Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) Waiver of Comments: Subdivision Requirements - See attached sheet ,~, / Very truly yours, WAIVER OF SUBDIVISION REQUIREMENTS (Map of)(Minor Subdivision-) ~ ~~ Hamlet or Village ~i~< ~L/~ ~ The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Topographic M~p ~ Drainage Plan Grading Plan ~ ' Lands'cape Plan Other (describe) 1) ~nor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage Structures and no changes in existing drainage proposed b) No new roads and no changes in existing roads proposed ~ c) No major site clearing and grading proposed _ ~' d) Other (describe) 14 1984 COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT Of HEALTH sERvicEs We are in receipt of your letter dated ~'I referenced project. DAVID HARRIS. M.D.. M.P.H. Date///-,~'- ~ concerning the above This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comnents. Insufficient information is available for technical comments. There is no record of an application to this Department. A more accurate project location is needed. {Suffolk County Tax Map #) 6. This Department has received an application and it is: Complete Incomplete Other: 7. It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works ~ Subsurface Sewage Disposal System{s} Other: 548-3318 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 D T~LD ~~T Y Southold, N.Y. 11971 (516) 765-1938 November 9, 1984 Mr. Joseph F. Gazza Attorney at Law 37 Gardiners Lane Hampton Bays, NY 11946 Re: Minor subdivision of Andrew Lettieri at E. Marion Dear Mr. Gazza: The following action was taken by the Planning Board, Monday, November 5, 1984. RESOLVED that the $outhold TOWn Planning Board approve the sketch map of Andrew Lettieri for 2 lots located at East Marion, Plan dated September 1983, and revised August 18, 1984 and October 17, 198'4. Please forward six (6) copies of the final map to our office for necessary referrals to the Suffolk County Planning Commission (see the enclosed list of requirements). Prior to the scheduling of a public hearing on the question of approval, please supply our office with three copies of the map endorsed by the Suffolk County Department of Health that the existing or proposed water supply and sewage disposal facilities ~this subdivision meet with their approval. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN ~UTHOLD TOWN PLANNING ~.OARD By Diane M. Schultze, Secretary enc. ],,~T~,'rC'T [OHS: · --~-~) JI'~' order to answer the question: in {his short EAF it ~s assu~ that the preparer will use. curran¢ly available inforF~o~ion concerning projccL nnd Lha lihcl~ impacis of ~ba acLion. I% is no~ cxpec~cd additional ~udier., rcsc~rch or oLher invcs~iga~ions will be undertaken (b) ]~ any quer.~ion has been answered Ycs ~he projec~ may be (c) If all questions hove bean answered ['4o it is likel'y that projcc~ i5 not significant. (d) 5~viz'onm~ntal ' ~ ~ ~ ~ 1. %','~[ p:'ojec[ resu&~--in a larg~ physical change ~o ~hc project siCe or physically o!~er more n~:n 10 acres of land? ........................ Yes ~ No 2. ~'/ill ~hore bca major change ~o any unique or · u~.usuol land fozm found on Chu si[e?..... .---. 3. ¥/ill pro~cc'~ alCer or have a large' ef~oc~ on exls~img bad7 of wo~r: ...................... Yes.~ No 4. ¥1i1~ pzojcc~ have ~ po¢cntial!~ larva impac~ on groundwaior quo!i%),? .............. ....... · Yesz~ No 5. ¥Iill projec~ signif~ccntl>, cff'cc~ drainage ' '- ~low on adjacen% si~es? .................. ' Y ~ N 6. ¥/ill projec~ affec~ any '~hrea%cnc:d or cndonB~rcd plan% or animal species? ....... Ye~.~ No on air qualil)'? ........... · ......· - .-- ---- · -.._' : Ya5_~ No 8. Will prnjec~ ha:va a major e~fcc% on visual chc:roc~cr of the communi~ or 5ccnlc views or vis,as known to:be ~mpor¢on~ to Che community?__ 'Yes ~'No ~. ¥/~11 projec¢ adverse!), ~mj)ac[ any si~c or ' .. · sCructure of historic, prehistoric or pa.leon¢ologicol imporlo;~ce or any site " dcsigno{od os o cfi%ica! environmen%ol area by o local ogcncy? ............ ~:...~.~..:......=.~..~. Yes_~ J'Jo 10 ¥1ill projec'[ have a major er. ec~ on exls~ihg or futura rccrea&iono] opporiuniLies? ......... Yes_~ No 11.' ¥/il! projec~ rcsul~ in .major traffic problems" o~] coL, ne a major effect {o existing 12. 1','ill projec~ .ragu!arly cause oSjec~ioneSle o(~ors, noise, glarc, vibration, or elcc~ricol disLurboncc as a resu!~ of ~he project's Opcra[ior,? ......... '. . . ' · or .saFely? ............ z4 ....... : .......... No · YJil~ I)~o eat a~aci th0 ex~sizng communl directly cabsing o 9ro',/~h in parmcncnt I)opulalion of more than 5 perccgt over o one year perlo(~ or have a major ncg~llva a~Fcct on the chorg~cr oF ibc community or neighborhood? ................................. Yes ~ No 15. I~ [here public controversy co;-,cernino the - ' ' Yes' ~ REPRESEHT]NG_ ~EL~' ~ ' ' DATE P ~RD Southold, N.Y. 11971 (516) 765-1938 October 31, 1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Andrew Lettleri located at East Marion.' 1000-31-5-1.2. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination. - ~' May we have your views on this matter. Written comments on this project will be received at this office until November 198 ~ We shall interpret l~ck of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act% and our agency will assume the status of lead agency. 14, ' enc. cc: Department of Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretgry Health Services : ' P D Southold, N.Y. 11971 (516) 765q938 October 15, 1984 Mr. Joseph F. Gazza Attorney at Law 37 Gardiners Lane Hampton Bays, NY 11946 Re: Subdivision for Andrew Lettieri located at East Marion Dear Mr. Gazza: As per our conversation of today, please let this confirm that the Board has reviewed your proposed right-of-way (yellow) and are in agreement with its location. Will you please submit six (6) copies of the survey reflecting this right-of-way and when we are in receipt of them we will schedule the subdivision on the next available agenda. If you have any questions, pleas~ don't hesitate to contact our office. V~ery truly yours, Diane M. Schultze, Secretary Southold Town Planning Board 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 'OCT 10 198, October 3, ~984 Planning Board Town of Southold Southold, New York ~1971 Re: Subdivision for Andrew Lettieri situate East ?4arion Dear Board Members, I am in receipt of the above referenced map with Mr. Latham's suggested right-of-way location sketched thereon. I understand full well Mr. Latham's position that Parcel A should have more upland area. Enclosed please find prin'f of above referenced with the original right-of-way shown in black lines, Mr. Latham's proposed right-of-way in green and a revised compromise right-of-way shown in yellow. The green R.O.W. dead ends in a marsh area while the yellow R.O.W. crosses the marsh area at an existing farm road crossing. The yellow route would provide for future continuation of the R.O.W. without disturbing any wetland, while at the same time adding approximately ~ acre of upland to "Parcel A" as shown on proposed subdivision ma~. Please advise if the yellow R.O.W. location is acceptable to your Board, so that I may have the maps a~-~ded accordingly. Encl. CC: ~. Andrew Lettieri Very truly ygu~.s, Josep~FredeJ~Gazza Southold, N.Y. 11971 (516) 765-1938 October 2, 1984 Mr. Joseph Gazza 37 Gardiners Lane Hampton B~ys, NY 11946 Re: Subdivision for Andrew Lettieri Dear Mr. Gazza: As per our conversation enclosed is a copy of your survey indicating Mr. Latham's suggestion. As you can see, the right- of way would be moved south 25' to provide more upland in Parcel A. If you have any questions, please don't hesitate to contact our office. Upon receipt of six (6) copies of the survey with the amendments made, we will place this on the next available agenda. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN UTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 JUL 3 0 1984 July 24, 1984 N.Y. State Department of Transportation Region ].0 Office New York State Office Building Veterans Highway Happauge, New York ]1787 Attn: Mr. Thyberg Re: Stat~ Highway Work Permit #X82-0~92, Rt. 25 East Marion, New York Dear Mr. Thyberg, I am the owner of properties located north of Rt. 25 in East Marion. I have a road entrance to my property approved by the D.O.T. permit No. X82-0192. My neighbor, Cove Beach Associates, has land which runs parallel to my property and I believe they have made an application for a road entrance permit which would allow a road to run parallel to mine. If this application made by Cove Beach Associates is ap- proved, I feel it would create a terrible safety hazard to ped- estrans and motor vehicles. I am willing to cooperate with Cove Beach Associates to utilize my entrance for both properties. One road would also maintain property v~lues and would also be in keeping with the existing properties in the co~nunity. Any consideration you could give this problem would be greatly appreciated. Sinc.~ely, CC: Planning Board town of Southold Mr. Joseph Gazza CBA 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 Southold, N.Y. 11971 (616) 765-1938 May 24, 1984 Mr. Andrew Lettieri P.O. Box 61 Peconic, NY 11958 Re: Minor subdivision proposal located at East Marion Dear Mr. Lettieri: In review of this file at the regular meeting of May 21, 1984 the Planning Board requests that you re-submit the sketch plan to include existing contours and a key map. The Board also requests that you stake the area in order that a field inspection can be made. A field inspection was scheduled, however, the Board could not determine the exact boundaries of the property. If you have any questions, please contact this office; when you have submitted the articles requested, the Board will proceed with this application. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN By Diane M. Schultze, Secretary APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (q~)approval of a subdivision plat in accordance with Article 16 of the Toxvn Laxv and the Rules and Regulations of the Southold To~vn 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 .Ifil.g?.....F??,..../t ~.l~lt.~..~.....t-?.~. ~.~?.~i....~..~.~..~./... · .4').'t.¥ .~'f.. ..... 1~ .&~.'t.....~.:,.'?... ~,. :'r'.~.~,~ .... .,,~....f.~..,,.,,),,.,.t .4 ..... /q.~ .-. ........................ 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 deedp recorded in Suffolk County Clerk's office as follo~vs: Liber . .~.7.?.. ·~. ............... Page . ..O..k ................ On . ~:~.t 1.~.2 .I. 9.8..~. ...... ; Liber ........................ Page ...................... On ....... ....~7; Liber ........................ Page ..................... . On ..~ ........... ; --~...~ Liber ........................ Page ........ ~ .................... ; Liber ....................... ~ ................... ; as devised under the~ ......... .: ...... or as dis ' ee "---'/~ " oras 5. The area of the land is .. J ~ ~' acres. 6. Ali taxes which are liens on the land at the date hereof have been paid ~ The land is encumbered by .............................................................. mortgage (s) as follows: ~o~'~_ (~ Mmtgagc rccmd~d ill Li~ar .............. Pag ................ ~unt of $ .............. unpaid amount $ .......... ~ ............... .............. address ..... ~--. .... i'i". ....... (b) Mortgage ~~.. in original amonnt of ............ unpaid amount $ ...................... held by ...................... (Q ..~.tcrtgag: rac~rdv, d in Libor ... :-. ......... Page ................ ~hti o_r~nt of .............. unpaid amount $..._LL~:_..~_.~.w ....... held by ...................... ...... :.-~. ........ ~ddro~s 8. There are no other encumbrances or liens against tbe land except ..~.!~?..4.. 9.~'...~..~.,,~ ..... f~-,~,~.~....c,'~?.~..o?...,, .~.....~'. ~',.-~-., ............................................ 9. The Iand lies in the folloxving zoning use districts .... .~...,....~..~ ~.~.1a/- 10. No part of the land lies under water whether tide water, stream, pond xvater or otherwise, ex- cept . N.~:~ .~..~o~..~.....~..a~...t.~. .................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land (~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if ~vithin a District, is 13. Water mains will be laid by .... ]?./../~. ................................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...J,~,~/-,~.O .............................. ..................................... and (a) ~11~) charge xvill be made for installing said lines. 15. Gas mains will be installed by ]h///~ 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 High~vay system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structnres on the land which are not located anti 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 conjmlctions with the proposed streets. 20. In the course of ti~ese proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Laxv. 21. Submit a copy of proposed deed for lots sbowing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvement'.; $' '~'l ~'''' as itemized in Schedule "E" hereto annexed and requests that the matm:?q,7 Performance Bond be fixed at .. "~'l ~' ...... years. The Performance Bond will be a licensed surety company unless otherwise shown on Schedule "F". ............................... (Name of/fiT~plicant) '~' (Address) STATE OF NEW YORK, COUNTY OF ... ~..q I~(-*l '~' .................... ss: On the ..... ~- .(~. '+~ ..... day of ...... ~I~''7' '~' ! ................ 19.~..~i.., before me personmt.~'/eam~ ~ me known to be the individual described in g~o~ ...k~ f ~.,i .............. to Notary Pubhc ~ ~k ~o~. q~ " ................. STATE OF NEW YORK, COUNTY OF ........... On the ................ day ............ of ............... 19 ....... before me personallg' cam' ......................... to me knoxvn, xvho being by me duly sworn pose and say that ............ resides at ~o .......................... ............. is the ............. ................................ that ............. the corporation described in and which executed the foregoiug instrumeot; that ............ the seal of said corporation; that the seal affixed by order o{ the board of directors of said corp~at~iam. and that ............ signed .............. name thereto by like order. Notary Public .......................... 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 ~'~ovember 4, 1985 Southold Town Plannin~ Board Town Hall Southold, ?~Tew York Land of Andrew Lettieri at East Marion Tax ~ ~o. 1000-031-05-001 Dear Board ?~embsrs, Thank you for allowin~ the undersigned to s~eak, unsche- duled, before your board at your meeting of ~O-~8-83. In an effort to facilitate your inspection of this ~ro~ertv I enclose herewith three ~rints of revised Bavles %urvey which shows such features ~s "Edge of Woods", "!.~rsh Area", "Farm Equipment Shed". In su~port of my contention that the travelled farm road right of way over which I have the unobstructe~ right of access for all legal ~ur~oses, divides I.~r. Lettieri's ~arcel into two separate parcels shown as "Parcel A", and "Parcel on the survey enclosed, I submit the following: ~. The principal of single and separate lot status is applicable to lots which are isolated. To entitle an owner to the exception of a single and separate lot, his single and separate status, under most ordinances, must have existed on the effective date of the restrictive ordinance. PaDDalardo v. r~ichaelis, 2~3 ~S 2d The travelled farm road right of way has existed for over 50 years and the easement thereover is set forth in deed of Henry H.C. Tuthill Liber 10~1 page 118 to Fred Tabor and set forth in Surrogates Court estate file of Fred Tabor (200 p. 19~6). Deed to the lands of Joseph Boken deceased made by Anthony ~stroianni, Public Administration of Suffolk County C. ~.A. of the Estate of Joseph Boken Sr. to Andrew Lettieri conveys title together with and subject to right of ingress and egress with others over existin~ travelled farm road. The farm road right of way area physically separates the wooded"Parcel A" from the farmed "Parcel B", this physical separation coupl~ with the legal easement separation over which 3rd parties (stran- gers to the title of the Andrew Lettieri parcel) have a permanent easement, effectively isolates "Parcel A" from "Parcel B". 2. An easement is a servitude upon, and differs from an interest in, or lien upon~ the land. It is not a ~,t of, b~ is so much carved out of the estate in, the land, and is a much a thin~ a~art from that estate as a parcel of the land itself conveyed from it. Jackson v. Smith, 138 NYS 6~ (see cody attached). The court held in the Collins case 1~3 NYS 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 2d 173 that the conveyance of a parcel of land bounded on one side by a right of way easement area (the same owner hold- ing title to the right of way easement area and lands adjaceut to the parcel conveyed on the opposite side of the easement area), was a valid conveyance and such a conveyance was cou~ed with an implied right of way over the private easement area to a public road even though not specifically set forth in the deed, because of the common grantor. The same principle is re - iterated in the l~adlng texts on the subject: 3 'Piffancy ~eal Property, (3d ed.) Sect. 799, OO. 304-309~ Jones on Easements, Sect. 227, oo. 188 to 190~ see also annotation, 46 A.L.~. 2d 46~ 28 C.J.S. Easements Sect. 40, pp. 70L~ to -705.. cc: file I~,~. Andrew Lettieri compelIing appeals {n crhnhml eases to be argued w~th ail reasonable promptness. The remedy for unreasonable dday$ in ~h¢ fiual di~. position of criminal appeals 1/es in his hands. Jud§mont o£ conviction affirmed. .Ail concur. 1153 App. Div. 724) SACKSON ~. SMITH et al. (CITY OF NEW YORK, lntervener). (Supreme Court, Appellate Division, First Departmen~ December 6, 1912.~ Dee. Dig. ~ -9o, Dig. ~ o4S. ] ~ 505.*] Appeal from Trial Term. New York County. Action bv Jsidore Tackson against John ]lj Sm{th and othcrs, which thc ~itv of X~'w York mtcr~c~',ed. Frum thc judgment, d~ ie ]ants John'R. Smilh and C]~ircllcc P. Smith appeal. Modified aftirmt,l. Argued before IXGRAltAM, p. j., and McLAUGItLIN. LAU(;iIL1X, MILLER, and I)( ~WL1XG, JJ. ]xchmt.. Weed. of Xew York C/tv, for appellants. X~rah;,)~ S!trm of Xcw T(,rk ('i~?. for rc~p,mdcnt. ('tn-l/< .~ l'~ tots, ~,f New Tork Cilx, fei inttrxcner. . IH.I.I,.N, J. T lis is an action t(, felt.close a tax lien, purs.a.: scct],,n 1033 et scq of thc (;renter New York Charter (Laws 4(>(.. as amtndcd I,y cha]ucr 490, Laws of 19~8. Thc appellanl~ arc $,p. Ct.) owners of adjoining prem ha~e private easements of nghts were created by d &c/sion. Smith v. Sn{ith. Id., 193 N. Y. 667, 87 N grieved by the provision o lien is "superior to and no ~mbrance. or interest of ff~0r of" them. [I,~J The ap)eal prese ments are ext ngtfised by a h is settled that the se/vic~ ject to the easements, and easements. People ex rel. Y. Supp. 36; ld., 2~ N. ping v. Purdv. 143 App. D E550.95 ~.'E. 1137; M 15 Supp. 5; Id., 189 N. Y ~e Court of Appeals that: "One who pnrehnses ]nmi ~cidenls attached or 1,er~ainin }5nd it has recently bccn payment Ihat a tax saIc of quired prior to the levying,c ~0es not extinguish lhe ease 5lisc. Rep. 61, !30 N. Y. S, eupp. 1126. We might well rest the d~ Sase; for while there are sli m the two statute~ involved, i~ no substantial dhI.re cc a~ The statute in that case (ch ~ absc,h~fe estate in fcc sim ~'d c0nxcvunce thero~f shall all 0ther~ ~ntcrestcd in the tn> ca-c providcd ihat "in a~ so, sha/l he a proper parly , ['r0pcrly afl'kclcd hv linc tax nit-hr, of the plaint/ff, each d r:r~ed, each person claiming 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 SEP 1 9 REC3 September $, 1983 Southold Town Hall Southold, Plannin~ York Board Land of Andrew Lettieri at ~= ~ A.~t !~rion ?ax !.:au)i'!o. ~000-03~-05-00~ Dear Voard T,Tembers, ~ client, Andrew Lettieri, is the sole owner of the above referenced ~arcel of property by deed recorded at Liber 937~ pa~e ~_. Attached please find survey prints of this property prepared by frank ~nayles, L.S. Se~tember ~983. Depicted on these survey ~rints is a.n accurately defined 50 ft. ri~.ht of way area. It is with- in this area that there has existed a travelled farm road for over 50 years that ~ives access to the penninsula of land lyine north and east of [~r. Lettieri's property. Rights of way as set forth in the early deeds to the parcels on the penninsula refer to this risht of wa~ area as their legal means of access to and from (state) ~oad. Mr. Letteri's deed is subject to the rieht of ingress and egress with others across this right of way situate on his property. The existence of this right of way area physically sepa- rates parcel A from parcel B as shown on the attached maps. On behalf of my client I respectfully request a determination from your board as to the followine two iSsues~ to wit: 1. Do parcels A and B have legal status as separate ~arcels of land independent of each other? 2. Could my client make a minor subdivision application on ~arcel ~ into four plots to your board? Thank you in advance for a response to the two issues I have set forth. Very truly yours, k~ Cazza Southold Town Planning Board Town Hall $outhold, New York 11971 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~ ~ U;~ ~ ¢~ (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, HENRY E. KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSI~, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 January 11, 1984 TELEPHONE 765 - 1938 Mr. Joseph F. Gazza Attorney at Law 37 Gardiner's Lane Hampton Bays, New York 11946 RE: Land of Andrew Lettieri East Marion Dear Mr. Gazza: The following action was taken by the Southold Town Planning Board, Monday, January 9, 1984. RESOLVED that the Southold Town Planning Board forward a copy of the correspondence from the Town Attorney, regarding the Land of Andrew Lettieri, to the applicant% attorney. Enlcosed is a copy of the correspondence. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enclosure By Diane M. Schultze ROBERT W. TASKER Town Attorney OFFICE TOWN OF S( NEY 1983 TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, LI., NEW YORK 11944 December 5, 1983 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Land of Andrew Lettieri at East Marion Dear Henry: I have reviewed the letter of Mr. Gazza relative to the above property. It appears to be Mr. Gazza's intention that since a right of way runs through the property that this divides the property into two parcels. It would appear that the track of land in question is described by one description and then makes the same subject to the right of way running through the property. In the matter of $1avin v. Ingraham (44 AD2 2nd 874, affirmed 37 NY 2nd 653) it was held that the word "parcel" is ordinarily considered to mean the land encompassed within one description of a quantity of land. I would, therefore, conclude that the entire parcel is to be considered as one parcel of land. Yours very truly, ROBERT W. TASKER RWT ;aa 37 Gard/ners Lane Hampton Bays, New York 11946 516 - 728-1886 November /4, ]983 Southold Town Plsnninm ~oard Town Hall Southold, New York Re: Land of Andrew Lettieri at East Marion Tax r.,~a~ No. 1000-03]-05-007 Dear Board Members, Thank you for allowin~ the undersigned to speak, unsche- duled, before your board at your meeting of 10-]8-83. In an effort to facilitate your inspection of this Dropertv I enclose herewith three prints of revised Bavles Survey which show~ such features as "Edge of Woods", "~rsh Area", "Farm Equipment Shed". In support of my contention that the travelled farm road right of way over which I have the unobstructed right of access for all lemal purposes, divides Mr. Lettieri's parcel into two separate parcels shown as "Parcel A", and "Parcel B" on the survey enclosed, I submit the following: ]. The principal of single and separate lot status is applicable to lots which are isolated. To entitle an owner to the exception of a single and separate lot, his single and separate status, under most ordinances, must have existed on the effective date of the restrictive ordinance. Pappala. rdo v. Michaelis, 211 NYS 2d ~55. The travelled farm road right of way ~as existed for over 50 years and the easement thereover is set forth in deed of Henry H.C. Tuthill Liber 1041 pa~e 118 to Fred Tabor and set forth in Surrogates Court estate file of Fred Tabor (200 p. 19~6). Deed to the lands of Joseph Boken deceased made by Anthony ~astroianni, Public Administration of Suffolk County C.9. A. of the Estate of Joseph Boken Sr. to Andrew Lettieri conveys title to~ether with and subject to right of ingress and e~ress with others over existing travelled farm road. The farm road right of wsv area physically separates the wooded"Parcel A" from the farmed "Parcel B", this physical separation coupl~ with the legal easement separation over which 3rd parties (stran- Hers to the title of the Andrew Lettieri parcel) have a permanent easement, effectively isolates "Parcel A~ from "Parcel B". 2. An easement is a servitude upon, and differs from an interest in, or lien uDon; the land. It is not a ~rt of, b~ is so much carved out of the estate in, the land, and is a much a thing apart from that estate as a parcel of the land itself conveved from it. Jackson v. Smith, 138 NYS 65~ (see copy attached). The court held in the Collins case ~a3 NYS 37 Gardiners Lane Hampton Bays, New York 11946 516 - 728-1886 2d ~73 that the conveyance of a parcel of land bounded on one side by a right of way easement area (the same owner hold- in~ title to the right of way easement area and lands adjacent to the parcel conveyed on the opposite side of the easement area), was a valid conveyance and such a conveyance was cou~ed with an implied right of way over the private easement area to a public road even though not specifically set forth in the deed, because of the common ~rantor. The same principle is re - iterated in the leading texts on the subject: 3 Tiffancy ~eal Prooerty, (3d ed.) Sect. 799, pp. 304-309: Jones on Easements, Sect. 227, Do. 188 to 190; see also annotation, 46 A.L.R. 2d 46~; 28 C.J.S. Easements Sect. 40, pp. 704 to _705.~ cc: file 1~. Andrew Lettieri 654 13S NEW YOnK SUPPLEMENT (~t:p. ~ compelling appeals ~n crhnlnal cases to be argued with all reasonable prcmpmess. The remedy for unreasonable ddays in the final di~. position o£ criminal appeals lies in his hands. Judgment of conviction aflSrmed. All concur. (153 App. Div. 724) JACKSON' {-. S.5IITtI et al. (CITY OF NEW YORK, lntervener). (Supreme Court, Appel ate DBision, }'irst Departmen~ December O, JOJa,) Dig. ~ ,AS. ] } 505.*] AppcaI from Trial Term. New York County. Action by ]¢idore lackson againsl lohn J~ Smid~ and others. which tim C/tv of X['w York intcr~e[~cd. Frum the judgnxnt, tit fendants John'IL Smith and Cl~ircnce P. Smith appeal. Modified affirmtd. Argued before IN(,RAll.xM. p. j., and McLAUGIJLIN. ~ , LAL;~;IJLIX. : HLLEk, am] I)~ ~WL1NG, ]~ichmrmd Weed. of New York C/tv, for ai,pellants. Curtis .%. I ttrs of Xexx Tork ('ii'3, fo; /ntcrxcner. MJJA.]Si(, J. '/'his is an ac'li.n t(, ft,rcclosc a tax lien, pursua.t secti.n 1035 ct seq. of Iht (;rtat(r N(w Tork Charter (Laws 40Gl. ils amtndcd I,y chapter 490. La',~s of !90& The appellamS q,,. Ct.) owners of adjoining premi haw private easelIlents of rights were created by dr &cision. Smith v. Sn{ith, Id., 193 N. Y. 667, 87 N. Fieved by the provision of l~cn is 'stperior to and not t~mbrance, or interest of favor of" them. [1,~] The appeal preset merits are ext/nguised by a h is settled that the se/v/e~ ?ect to the easencnts, and e~scment$. People ex rel. Y. Supp. 36; ld., 200 N. 5 ping v. Purdv, 143 App. Di ¥. 530. 95 ~. E. 1137; M Y. Supp. 5; Id., 189N. y. ~e Court of Appeals that: "one who pt relnse~ land nt 'And it has recently been panment that a tax sale of i quired prior to the levying,o 40es not extinguish th~. ease ]IJsa Rep. 61, !30 N. Y. St *upp. 1126. We Inight well rest the dc case; for while there are sli~ ~n the two statutes involved, ~ able,rte estate in f,c sinq [~ds ca-c proxided ibrd "h~ an merit, of the plaintiff, each d, Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairrn~n JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. November 17, 1983 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11971 Dear Bob: Regarding the enclosed letter from Mr. Joseph Gazza and copy of his proposed subdivision, it would seem that Mr. Gazza's contention is if a right of way runs through this parcel of property it has become a subdivision with- out process under our zoning ordinance. Please advise. TELEPHONE 765-1938 Very truly yours, sel Enc. Henry E. Raynor, Jr., Chairman Southold Town Planning Board 37 Gardiners I~ne Hampton Bays, New York 11946 516 - 728-1886 SEP 19 Seotember 6, !983 Southold Uown Plannin~ Board ~own Hall Southold, ~lew York Land of Andrew Lettieri at ~st ~arion Tax ~Jal) ?!o. 1000-031-05-001 parcel ? into four plots to your board? Thank you in advance for a response set forth. Dear moa~d T,[embers, ~,~ client, Andrew Lettieri, is the sole owner of the above referenced oarcel of ~roperty by deed recorded at Liber 937~ pa~e ~. Attached please find survey prints of this property prepared by frank Bayles, L.S. September ~983. Depicted on these survey prints is an accurately defined 50 ft. right of way area. It is with in this area that there has existed a travelled farm road for over 50 years that Elves access to the penninsula of land lyine north and east of ~. Lettieri's property. Rights of way as set forth in the early deeds to the ~arcels on the penninsula refer to this right of way area as th~¢~ legal means of access to and from Main (state) ~oad. Mr. Letteri's deed is subject to the right of ingress and e~ress with others across this right of way situate on his prooerty. The existence of this right of way area physically seca- rates parcel A from parcel ~ as shown on the attached maps. on behalf of my client I respectfully request a determination from your board as to the followinE two issuesl to wit: 1. Do parcels A and B have te~al status as separate ~arce~s of land independent of each other? 2. Could my client make a minor subdivision a~plication on to the two issues I have Very truly yours, Jos~h Fred'e~[~/k: Gazza ~'uy~o~ ~o 7'me z.lgva Ado. 14¢./4. ?(.4. I~' MAIN EAST CEMETERY MAR/ON 5 7_0 I 5 ~, ~oo MINOR SUBDIVISION o.~s ~e subdivision of this property, as proposed has been DIS~PROVED by the Suffolk County Planning~ go~ission. Refer ~o letter for. reasons for dis- MINOR SUBDIVISION ~Y - - : : ----Z--t "'-: ____ __