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Home My WebLink AboutShorecrest ... \, . . ~~) LAW OFFICES WILLIAM WICKH....M ERIC .J. BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS LYNNE M. GORDON .JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN ..1. HAGEN WICKHAM, WICKHAM a BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO. 516-298-8565 MORTGAGE OFFICE 516-298-5300 TELE.FAX NO. 516-298-2012 October 10, 1991 Southold Town Southold Town Main Road Southold, N.Y. Board Hall 11971 RECEIVED OCTI1 5 1991 Re: Shorecrest at Arshamomoque SCTM # 1000-52-3-36.1 Southoltl 'I' ~,..., ".oIt Ladies and Gentlemen: Enclosed is a copy of a letter dated July 15, 1991 from Kevin S. Law, Director of the Division of Real Estate, Suffolk County Department of Law, to Legislator Michael J. Caracciolo regarding the roads of the above cited Subdivision. Linda Findlay, an attorney with the Division of Real Estate, suggests that the roads and park lot be deeded directly to the Town after payment of the County's purchase price by the association. The lot owners are interested in dedicating the roads and are aware that the roads will need certain improve- ments in order to accomplish same. Please advise. , Very truly yours, ~'.J'_ /' L L I':~L ~./'J ,r-r~....I"'- Karen J. Hagen KJH:hk Encl. cc: Virginia Kalenderian ~~~ , . .' ., . . ~0 LAW OFFICES WILLIAM WICKHAM ERIC .J. BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS LYNNE M. GORDON ....OSEPH C. SAVINO HUBERT F, SULLIVAN KAREN,J HAGEN WICKHAM, WICKHAM 8< BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298.8353 TELEFAX NO. 516-298-8565 MORTGAGE OFFICE 515-296-5300 TELEFAX NO, 516-298-2012 October 10, 1991 Southold Town Southold Town Main Road Southold, N.Y. Board Hall 11971 REaMD OCTI1 5 1991 Re: Shorecrest at Arshamomoque SCTM # 1000-52-3-36.1 SouthoId T~..", t"I...tt Ladies and Gentlemen: Enclosed is a copy of a letter dated July 15, 1991 from Kevin S. Law, Director of the Division of Real Estate, Suffolk County Department of Law, to Legislator Michael J. Caracciolo regarding the roads of the above cited Subdivision. Linda Findlay, an attorney with the Division of Real Estate, suggests that the roads and park lot be deeded directly to the Town after payment of the County's purchase price by the association. The lot owners are interested in dedicating the roads and are aware that the roads will need certain improve- ments in order to accomplish same. Please advise. , Very truly yours, 7~~/fJ-;';~J'-- Karen J. Hagen KJH: hk Encl. cc: Virginia Kalenderian l~~. " . . COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOL.K COUNTY EXECUTIVE DEPARTMENT OF LAW DIVISION OF REAL ESTATE KEVIN S. LAw DIRECTOR July 15, 1991 Hon. Michael J. Caracciolo Legislator - First District Main Road - P. O. Box 1030 Aquebogue, New York 11931 Dear Re: 1000-052-03-036.001 Shorecrest Homeowners Association Your Letter of July 1 - Received Here July 3, 1991 rr1/~ LegiSlat~ciolo: I have again reviewed the subject file. This parcel, which represents the undedicated roads of Stony shore Drive, Bayberry Lane and Wild cherry Way, was taken by the county of Suffolk on March 21, 1985. The Statute of Limitations has run on the redemption laws, namely: Local Law 16-1976 and Section 215, county Law (as amended by Local Law 14-1990). In addition, I don't believe your constituents would qualify as prior reputed owners since the former assessed owner is shown as Valentine Ruch, IV (apparently the son of the deceased builder). We have had a problem with situations like this allover Suffolk county, i.e., a developer obtains a building permit to build on a certain map. The map will show undedicated roads. These roads are shown as a separate tax map number or numbers. usually, the developer grants an easement over these roads to each homeowner. In addition, they have an easement of use. The town assessors rate these roads, taxes are imposed. In some cases, the developer ceases to pay taxes and in the natural course of events the parcel comes into County ownership. 395 OSER A VENUE HAUPPAUGE. NEW YORK 1 1788 (5161232-5848 FAX. 232-5805 , . ." . . Hon. Michael Caracciolo - 2 - July 15, 1991 My staff has suggested that the County sell the subject parcel to the Homeowners Association, without regard to Local Law 14-1990, since the Association was not a prior reputed owner. In this fashion the roads would go to the Association, the Association would then be entitled to repair the roads and, at a future time, be able to dedicate them to the Town. The purchase price would probably be under $2,500.00. Very truly yours, 7rC.'~~~ Kevin S. Law, Director Division of Real Estate Department of Law (516) 232-5800 KSL:JEM:bm pc: Paul Sabatino Karen Hagen Katherine Leto '\ r . ~" ~, J" ~, " RECElV~D \lJG 2 8 1989 ~~ Letters Editor Newsday, Long Island, N.Y. 11747 ;~othoH T ~...- "'_.~ HOW THE TOWN OF SOUTHOLD TURNED WEASEL AND SHIRKED ITS RESPONSIBILITY When a Map Subdivision is submitted to a town for approval and the finished roads are approved according to final specification by the town, and then the town walks away without establishing who is responsible for future road maintenance. The town of Southold after approving the streets. on the Map of Shore crest released the developer from the maintenance bond and then the town and the developer walked away leaving the streets to deteriorate without establishing responsibility.' In every instance where a Map Subdivision is filed,a pre-determination is made .as to who will assume the responsibility of the roads. either by declaration or by dedication. Why did the Town goof? Was it an innocent oversight? The Bayberry Lane Association Bayberry Lane, Southold, NY. 11971 cc: American Civil Liberties Union Suffolk County Chapter 1600 Islip Avenue Brentwood,NY. 11717 cc: District Attorney's Office Criminal Courts Bldg. Riverhead, NY. 11901 .cc: Southold Town Board Main Road Southold, NY. 11971 cc: County Attorney's Office Veterans Memorial Highway Hauppauge, NY. 11788 cc: Gregory Blass Legislator Box 911 11 West Second St. Riverhead, NY. 11901 ',J oj ~, J:J C' 0 '" .. (I.. .:: (J <: ., f' e" () n ~') ;-.~ (" ,) )> .: (,) " [j Ii: 0 "" C j: '" ('1' :~ = c :1 ::c f- - 0 c 0, "" n ~ " c ~, - -' t C 0 " J: C' -' : - : : r''''}t~ ~l~' I.. ~jll I'" ~ "':D 9i .6. ~I 1':J; ~ :;. ..i/" \, Q u \ ~,"I " ...., ~/ :~'-' .. 1,,1) :1"1 :?~, I ..~ -i.. :-:J I h....:;::sa ! 1-' -;:J c= ,-..- --, .--' I' ,~ _.' ' ; {.,,;.~' f'"-:' , \ t 1 ';j'1 ..Ir F:l;O:::...: ~~ ....:-:--' ~ ..uo. I~~ .;v.il I r ri ,~ ~....._"'---= .' .. ,-/.):".. l~ ..~J /~ d'./f<. h'r) ~ ~~1/~ I . . , '" "'-._':"~ OFFICE OF TOIVNC'LERK "., - \ ~-:~-', TOWN OF SOUTHOLD - ",,'.~' . -. " JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS SUFFOLK COUNTY .~ ,'.-' -:;:.......'.,~ ,J. ~ '.... '~v' ~-<-~. -- TELEPHONE (516) 765-1801 Southold, L. I., N, y, 11971 September 10. 1980 Richard J. Cron. Esq. Main Road Cutchogue, New York 11935 Dear Mr. Cron: The Southold Town Board, at a regular meeting held on September 9, 1980, released the $42,000.00 Certificate of Deposit being held as a bond for roads and improvements in the subdivision known as "Shore crest at Southold". Returned to you, herewith, is said $42,000.00 Certificate of Deposit #4898 dated January 12, 1976, Very truly yours, ~~J'~~ Judith T. Terry Town Clerk Enclosure I, Richard J. Cron, hereby acknowledge Certificate of Deposit #4898 dated Ja name of Valentine Ruch IV. of $42 c r 7J. Cron ~II o/cJ-o Date' .' . " .a/;;U4U~~d- "d ?~~~~;t-U4 $~~ ('JOO ~ ;f!'eLea-a-ecf 9j 9 / pi) <1_. .' TOWN BOARD COUNCILMEN Henry W, Drum John J, Nickles Lawrence Murdock Jr. George R. Sullivan TOWN OF SOUTHOLD SUFFOLK COUNTY TELEPHONE (516) 765.1800 Southold, L. L, N. y, 11971 September 4, 1980 Southold Town Board Town Hall Southold, New York 11971 Gentlemen: We, the undersigned, of the Town Board Highway Committee have inspected the roads and improvements in the subdivision known as "Shorecrest at Southold" and do hereby recommend the release of the subdivision bond. JOh:#~ ~ }ILed ~RS~ George R. Sullivan "" .... I '. . . Southold, N.Y. 11971 HENRY E. RAYNOR. Jr . Chairman FREDERICK E. GORDCN JAMES WALL BENNETT ORLOWSKI. Ir. GEORGE RITCHIE LATHAM. Jr. TELEPHONE 765 - 1938 August 29, 1980 Supervisor William R. Pell III Town Hall Southold, New York 11971 Dear Sup~rvisor Pell: The following action was taken by the South old Town Planning Board at a regular meeting held August 25, 1980. RESOLVED to recommend to the Southold Town Board release of the bond for the improvements in the subdivision known as Shorecre3t at Southold pursuant to inspection report #145 of John W. :)av.is, Planning Board Inspector, indicating all work called for in the bond estimate has been completed. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TO'WN PLANNING BOARD By Muriel Tolman, Secretary Copy to Town Board Members '. ,'. J11iB~fnlt~ ~rpltrtnwllt \!town of jii\outltolli }ltconic, ~- i. 11958 RAYMOND C, DEAN Superintendent Tel. 765-3140 734-5211 August 27, 1980 Southold Town Planning Board Southold, New York 11971 Re: Shorecrest at Southold Gentlemen: I recommend the release of the bond for this subdivision. cC;;:;:;:: t22---- / RAYMOND C. DEAN Sup't of Highways \ '. // . \\\~ / .... // f~(};/ !.J n , " /7yJ~/ / {)I / A ,/ -; D' .. .,./ / al) / -,-'1'7 :J~/ );// />/ "/'7' /' ,j(,x/d',u /. . ,/aoh~t!:~",/ \:':';/ ,..../ /' ,.:,." ,/ // tJ,) .../ 1....(TORNr.:Y r,T LAW ~.~.,',\' ...// /'/ ((J., J~/;"'" \..,'" ~.~/"/ "~/ / ,,;::;\/ / ................/ \;V'" . 425 MAII~ STREET GREEr.JPCJRT, NEW YORK 11944 II (I 516-477-1400 Hichard cT. Cron, Esq. Main Hoad C'Jtchogue, New York 11935 .i'j,,: ,II' ! ' L ~ ~ ! ,-'- ,.0< .-"_;A,'.~ ...,._~~""'"h\.,_...._,........"._ ,_"..-..-." , "J :,\----~'..;_" :/'.:,~-,t<r:~~n '.---'--.",i : 'II . :.J.: ! '-"1"- ", "I' -, -r; ~ ':1 ~ ,.,. 'j' -,.,- -j " , \ , ~.~" ..-.:.....,...,'".--,.__.~.' ....,....,j (, January 10, !fWO !.. ,.,. ".. '-"',-w.. t. ;, -,' " ",'j ;" .), :~.j. " l_;.'""b....._'.~~...~-'"':'-"-_..._'._~_..-...__..~.. . Dea"- Dick: He: Map of Shor-ecrest This is in reply to your letter of January 2, 1980 in relation to Shorecrest. Accordirlg to my review of the history of this subdivision, the subdivision map '01 Shorecrest was fiJed in the Suffolk County Clerk's Office on April 6, 1971, at ",hich time the lot sizes shown on the map conformed with the then existing 7.oning reqni.rements. The zoning code and zoning map wel'e each amerldec1 on November 23, 1971 to reauire a minimum lot size of 40, 000 square feet. Under Section 265-a of the Town 1.3"1, any rpvision of a zoninG cod,,, which in- c"'('ases the lot area in excess of the lot arca [;hown on a filed subdivision map, shall rlat apply [0 such subdivision map for :1 period of three years af~er the date of fili'1g of such map in the County Clerk's Office. Accordingly, the increase in lot area requirements by reason of the November 23, 1971 zoning amendment would not be applicable to t11P lots at Shorecrest until April 6, 1974. (three years from the map filing). rf- By reason of the foregoing, I do not agree with your contention that it was an oversight not to include this subdivision in Section 100-12 as an excepted sub- eli'vision. Tb" purpose of excepting the subrhvisiolh listed in Section 100-12 of the zoning code fronl the lot areas and lot \v~dth r0quL'~~mpnls of the arnend,~d code ,vas to pc>rrnit development of lots in the listed:lIbdivisions without obtaining variances, hecz,u:~;" a~ that time, such subdivisions "fere either subsbnti,ally developed or subsl,utially sold-out (helel in single and sf'parat.e ownership). In 1971.. at the lim c of the enZlctrnenl of [he zoning amcl,dment whieh inercased lot areas, Shore- cr.~,;l was neither substantially developed n<,1' substantially sold-out. Since !.lw current lot size requirenlents of Ihe code, will only apply to lots it) Shorecl'est subsequent to April 6, 187.1, any lots conveyed prior thereto ancl held in single and separate ownership would not be affected. In view of , ~. '. . .. -2- this, it may well be t.hat only a few contiguous lots still owned by the deve loper will require variances. It is my recollection that t.he lots adjacent to the re- charge basin have already been granted area variances by the Board of Appeals. Yours very truly, RWT:fae RODEnT W. TASKER cc: Messrs. Wm. R. Pell, III, Supervisor ,/ John J. Nickles Lawrence Murdock, Jr. George R. Sullivan Henry Drum "1\ , " i '\ '~ .'-~ ;:,j \'~'::~;") .~ j \ \ i: .... ,i :.i 1\ . ':,:. ::,,~;:i'~2\~ir~~'i ,>>,": .,~. '\ ,; m' /3', ". . ~ ~te&Y PJtw/~ / ~#C>n/ Jtwn., ~- ~~ ~ ~ ??.9.J5' 516 734-5100 January 2, 1980 Town Board of the Town of Southold Town Clerk's Office Southold, New York 11971 Re: Map of Shorecrest, Situate at Arshamomaque, .. Southold, New York, Map No. 5584 Dear Sirs: In the course of conveying Lot #7, on Map of Shorecrest, an application was made by the purchaser for a Certificate of Occupancy for vacant land. Much to everyone's surprise, the application for the Certificate of Occupancy was disapproved on the basis that the Map of Shorecrest subdivision did not meet the current zoning requirements of the Town of Southold. That this map was not one of those excepted under the Zoning Ordinance is somewhat surprising in that the map was filed prior to the adoption of the Zoning Ordinance requiring 40,000 sq. ft. lots. Apparently, this came to no one's atten- tion until this present situation. We believe that this was clearly an oversight on the adoption of the exceptions listed in the Ordinance. A review of the history of this transaction would indicate that some compromise had been made at the time this map was filed. In this regard, the map had originally been prepared as one- half acre lots and when the Zoning Ordinance requiring 40,000 sq. ft. lots went into effect, the lots were increased to two-third acre size. f-::';,), " O ,:: . ! I " -.. - ..- . ~ ; : <I :';11 ul .J4N- 4:J} Jill TOWN OF SOUn!OLD _.n......~.... __.. ., , . . ~~J/ fJlw~ / ~'On/ Jtww ~- ~~ ~ ~ 1'1'.9.15 516 734-5100 Town Board of the Town of Southold January 2, 1980 Page Two The Board, I am sure, is well aware of the fact that sub- stantial improvements have been made to satisfy the Town of Southold with respect to a sump area in this subdivision. We trust that the Board will agree that action should be taken to fist this subdivision as one of the exceptions in the Southold own Zoning Ordinance at the earliest possible date. You can appreciate, I am sure, that this is absolutely essential in order to avoid the necessity of appearing before the Zoning Board of Appeals and securing variances with respect to each of the lots in the subdivision. May we kindly have the prompt reply of the Board to deter- mine what action will be taken in this instance. /', s>:c~el,Y'%, '1,7Jf' ,/7 ~ J,!1.~/ . , , /...-:,;,~/",,.,/ - /' //; ,/ ./ ,y" ~I)1o <J. Gron . RJG/jf cc: Robert W. Tasker~ Esq. /{ I. v' C'Z. _------------w--- r~,...,~ : -C-' ..../ T ~~ (l'h l,'", .: ___._~.:'.:'-.:.._~_.__.'____..._._.._.._.__._ I ./ /':". C"t'3 ...JI_ V ~ ~ ~ i . " .. "i !- " !. ~. 4 ' .' i,", . _ ., ',I I,". . . . I 'I' ," . , I J' [1 U UL___._.__. ._~C I ..'0" ;"(.\' (";",': '::;""';1 ~t;"';;-;l r) J .IJi,... _" .... '-.' _....... ..- -..........-...---- Filc___ T . ~f'Cht'~ . D LD Y Soulhold. N.Y. 11971 ~ :lIX~ HENRY E. RAYNOR, Jr. , ChIn. FREDERICK E. GORDON JAMES WALL Bennett Orlowski, Jr. TELEPHONE 765. 1938 July 5, 1979 Mrs. Valentine Ruch North Road Southold, New York 11971 Dear Mrs. Ruch: Section 277 of the Town Law states in part. "Such performance bond shall run for a term to be fixed by the planning board, but in no case for a longer term than three years, provided, however, that the term of such performance bond may be extended by the planning board vri th consent of the parties thereto." The time has expired with regard to your subdivision and as a result your passbook is in jeopardy of default with the Town of Southold. Please advise the Town Clerk and the Planning Board of your disposition of this problem. Yours truly, HENRY E. RAYNOR, JR., CHAIRi'V!AN SOUTHOLD TOWN PLANNING BOARD HER/mb . Copies to Judith T. Terry, Tovffi Clerk / Robert Tasker, Town Attornzy James F. Homan, Deputy Supervisor /[~. .--L'1 v/.Jf'-""-~..-t:. Jj -'7 j., Cl C' " /', '-' 2v ) ~ .~ '. . , ...\' ~ -'2;- 7 ~~ :!ltic~ / ~on/ JIa.:w ~ - ~ k ~ -/-/.9.J5 516 734~5100 March 15, 1979 RECEIVEQ,. Albert M. Martocchia, Supervisor Southo1d Town Hall Main Road Southo1d, New Yoik 11971 Mi1R 1 8 i979 $DUTHOLD TOWI! . ) . . . Re: Shorecrest Subdivision at Southo1d (Recharge Basin) Dear Mr. Martocchia: Pursuant to the requirements of the Town, a great effort has been made to install a recharge basin at the Shorecrest Subdivision at Southo1d, New York. We are informed by the contractor, Everett Glover, that the work has been all completed with the exception of the installation of a fence. As to the latter, we had hoped that that would not be necessary. '. - "- 1,,": ~ In any event, it is important to my client to have the bond heretofore deposited with respect to this subdivision released by the Town Board as quickly as possible. We would greatly appreciate if you would review this matter and advise as to when we might expect the bond to be released. Thanking you for your courtesies extended. ~~n~e~~lY'~7 // ,/,:J//~_-7 ~/ ~~-F/_/ -r' '/( , " I'~'" ,.' ,/ ' I - /-;1/ /1 ' '/1;' / V2 I i 'hard J. Cron " RJC/ j f , /, /- ,. ) <I -r;. -~... ''? -7 ., , '. T . ~} Southold, N.Y. 11971 JOHN \\lCKHAM. Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr. FREDERICK E. GORDON JAMES WALL TELEPHONE ' 765-1938 "7';Z~~_A/ / ")" / '9 77' ;('~ e~..'J;i.-. ~~ ~ c::~J- . &. .tIP / J.l-~ ,/ _tX-a- "l_ ./'b..-<-u- c..4"-'Y' ~/~ j;' / "/ -J S- c-? ~/. ~L-~' ~~ ~~ ~:)T.l', L2--VYr/: /1 xdt:- ~~~ A) () (., -..3 t- E _JA.:~ .---t;::..J?c/Ll:; a...LL /'v--Ui-~J L ~a~ (J--<L-4-l-L ~ iC-L-~C-e ~~~ ~ -e-L ~~~c~-,.v. ~ ~~ / , ~ q--1---~ '~......--t-v--~~ U~ ~7 . c!6~~/ . ~~~~/o~J/~r " """ ..... . -. -......-----. J/J ' ,-', cy r../ .:-r- . ,.'~/U(. ~v;.,/ Q2;~I'. ~f - r1e~.u- '~~/' I !. ASSIGNi'IENT OF CERTIFICATE OF DEPOSIT KNOW ALL MEN BY THESE PRESENTS, That the undersigned, for valuable consideration paid, hereby assigns to the TO~m OF SOUTHOLD, its successors and assigns, all right, title and interest to the account and all moneys therein, with interest thereon, now due or to become due, registered in the name of the undersigned and represented by Certificate of Deposit No. 4898 Dated 1/]2/76 in the amOlli"1t of:$42,OOO.oo due 4/12176 . AND, the undersigned hereby authorizes and empowers the TO'J,N OF SOUTHOLD, its successors and assigns, to withdraw the whole or any part of the moneys hereby assigned and the interest thereon, and does give and grant to it full power and authority to demand and receive the same for its use, and upon receipt thereof, to give discharge of the same or any part thereof and rene." the same. Dated 1/19/76 A~ tf?~<- ~ Subscribed on g,,- -" / // v and s\"orn to ,~/ le,'lL. c f I.';, L. 'I"~ ",; , , . ," , " ,\ . , v( a /'/l--(' ---,(. \:!.At VLc.-r-..i,' --;/ ., Notar;r Public , ,'t ::.J -,\ \\" NOTARY PUBLIC STATE OF FlORID.I at ,me '.IV Cr!!,",'.ISSION EXPIRES JANUARV 9 .1iJ [.;NflED (.'{ A:,:ERICMl Bi':lKERS INSURAi;...~ co. .~~~~c~, -~~''''i\rtiY~o- ~'it Cc. t40 interest WI ,I L..:_--.' \'1011 . f this Ce,- ','''''' JI h- due dolo 0 . . ~. alte' I < '" (f). I f Dopdtlt. . }~ 0: ti cote 0 . I ~~ 5 VALENTINE RUCH IV 1'41 C1~ ~~: LI,:. U l ~. o' g .. "'0 tj: LIJ: U I PAYABLE TO .THE ORDER OF' t~: !::; ~ ~" ......... m ~i u~ ~ !:ll - !:it l.L,;.~ I- 1':>\, _~ 0 hi I-~ Z ,,"i . ;.'Ii .0:::;" ~i ~ ~: t;,;), !~! -~..:..':'_~--~.!I!:-*"_. ~:-K;;98.-~ . . > i~ -Januaro' '.':> . l~.. ~ HAS DEPOSIT~~I~ ~l~-B'~~~ . ,I 1'-" - . ~ I~ IN~:Rm i~ AUTIl. '". '- ~I "- .._~.~:~.:::~ :>~:'~:~:-'~~;~- :~ '.. ~ ---'" ~b~ N ~ ~!K'1 T!9 ~~ llIATTITUCK. L1. N.Y.1195Z .":::::,::.", .,.::~:.,:,.:. IN CURRENT FUNOS ON THE RETURN OF" THIS 'CERTIFICATE PROPERLY - 5~ PER CENT PER ANNUM rCR ,THE TIME SPECIFIED ONLY. Valentine -'." - .~~.~ ""~~'-::~.:>""'- >--~.-~.:-"" ~-... \ \ \ \ \ \ \ -------------- ---- ~ j\~~~l~ r0 ~--\' ':1 [', \ t'--.. \ ~ '" q <n .J "- ~ ~ il ~ ~ 1~~1J ~ " A~ ~ ~~ ~ ~ ,~~ 'f" \ ~ ~ ~ ONE: 516 29S.S366 ) :J;~/~ ~ t ~J 11952 ~q ~ ~~ ~,~ ~ j ~ ~ ;;;~ '~ "" ~ ~ h~ """ ~ Greenport, New York 1194.4 Dear Al: The $42,000. C of D which Mr. Valentine Ruch had assigned to the Town of Southold matured on January 12, 1976. Please find enclosed a renewal in this amount which indicates a new maturity of April 12, 1976. I have forwarded an Assignment of the C of D to Mr. Ruch at his Florida address with instructions to execute and return to your office, and provided him with a self-addressed envelope to expedite. Hopefully you will receive it. ~{/;r Austin B. Tuthill Assistant Vice President ABT : bg enc. 'The". North Fork Bank & Trust Company . HOME OF"FICE TELEPHONE: 516 298-8366 Mattituck, New York 11952 August 13, 1974 Mr. Albert Martocchia, Supervisor Town of Southold Greenport, New York 11944 Dear Mr. Martocchia: Enclosed is Certificate of Deposit #4387 maturing November 11, 1974, with interest payable at the rate of 5~% made payable to Valentine Ruch IV. ph! Ene. Very truly yours, /~~ Patricia Heaney ;V Accounting Dept. -The'.. North Fork Bank & Trust Company . HOME OFFICE TELEPHONE: 516 29B-B36S Mattituck, New York 11952 May 17, 1974 Mr. Albert Martocchia Southold Town Supervisor Greenport, New York 11944 Dear Mr. Martocchia: Enclosed is renewal Certificate of Deposit #4313 re: Valentine Ruch IV. 1974. The Certificate is in the amount of $42,000.00, and will mature August 9, jam encl. ' Very truly yours, ~~/Ud/~ (Mrs.) Judith A. McCombs Accounting Department The North Fork Bank & Trust Company . HOME OFFICE TELEPHONE: 516 298.8366 Mattituck, New York 11952 January 16, 1974 Southold Town Supervisor Attn: Mrs. Edna Angel Greenport, New York 11944 Dear Mrs. Angel: Enclosed please find renewal Certificate of Deposit #4181 re: Valentine Ruch IV, in the amount of $42,000.00, maturing May 11, 1974. Thank you. jam encl. Ver"J truly yours, ~c~:~~jJ Thee North Fork Bank & Trust Company . HOME OFF'ICE TELEPHONE: 516 29B~B366 Mattituck, New York 11952 December 14, 1973 Town of South old Mr. Albert Martocchia, Supervisor Greenport, New York Dear Mr. Martocchia: We enclose a Certificate of Deposit in the am01mt of $42,000.00 for Mr. Valentine Ruch IV. We have been requested to forward the Certificate to your office to be held as a performance bond for completion of a road. Thank you. Very truly yours, ~d~d.u Judith A. McCombs jam encl '- : The North Fork Bank & Trust Company '. HOME OF"FICE TELEPHONE: 516 298-8366 Mattituck, N.Y. 11952 August 16, 1972 Mr. Albert Martocchia, Supervisor Town of Southold Greenport, N. Y. Dear Mr. Martocchia: We enclose Certificate of Deposit #3769 in the name of Valentine Ruch IV, in the amount of $42,000., for a 6 month period, maturing February 11, 1973, with interest at the rate of 5% per annum. This certificate is to be held by the Town of Southold in lieu of a performance bond. Thank you for your help in this matter. mbd Enc. ~ Sincerely, 11. J}f >-;11' cJ)j l'kj,~ ~Ma~(~ret B. Dickerson ~" . . . . FRANCIS J. MURPHY SUPERVISOR TELEPHONE (516) 765-1800 TOWN HALL, 53095 MAIN ROAD P.O. BOX 1179 SOUTHDLO, NEW YORK 11971 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD , October 11, 1989 John T. Nappi 7 Spinning Wheel Lane Dix Hill, NY 11746 Re: Shore Crest Subdivision Dear Mr. Nappi: We have been advised by the County of Suffolk that the Suffolk County Department of Real Estate owns title to the parcel of land designated "Reserved for Parkland Playground" on the subdivision map of Shore Crest, for failure to pay real property tax on that parcel. In addition, the County also has title to the roads within the subdivision for failure to pay real property taxes. The procedure of the County is to sell such lands at a public auction. It is suggested that you and your neighbors take whatever action you feel is necessary to protect your interest. of Southold FJM:mls ... ' , , . ~ ~;::~, ~~ /& ~/~ COUNTY OF SUFFOLK _~/~. ~?~ ___.__~~~''''~7'''''~~~ r ~'"\ \~ \~: . \\~..\ .-,,~>~ ,\ o:""~ \ i,/J.. \ \ \ i\ \ ' '\.\'. '..,1",1', PATRICK G. HALPIN '~' \ SUFFOLK COUNTY EXECUTiVE: DEPARTMENT OF REAL ESTATE t..-<.-:, '~:.' '.'. . -" . : ! ~)5~<Jj~Y-' \.- ~ /;"-/R ~ ~ @; JOAN B. SCHERB COMMISSIONER September 6. 1989 Honorable Francis J. Murphy Southold Town Hall 53095 Main Street Southold, NY 11971 Re: Request of 72-h Sale of County Owned Real Estate Tax Map No. 1000-052.00-03.00-036.001. Dear Supervisor Murphy: Suffolk County Department of Real Estate ownes title to the above referenced parcel. If the Town of Southold is interested in purchasing this property under the General Municipal Law 72-h, please notify the undersigned. Inspection of this parcel reveals that it services Town dedicated roads. If we can be of any assistance, please dp not hesitate to contact us. Very truI~~ Barbara Friedman Auction/Sales Unit (516)232-5838 BF:ddrd 10 OVAL DRIVE HAUPPAUGE. NEW YORK 1 1788 (S 1 6) 232.!58A8 .', :-Z~) '-". -(/2) ....-., ~ -- "l-'~ ' . ""'''.'- ""0 ~.,'O .. "'- ,-", -'C,,- \'1 ~L ~ ... "0 , \ . 165;00 .-,. I) , ,,,p . ., , \ ';,'-', rlQ\ , ,./) " '---,,,, ~~..., (If) -' C:) ..! "~O--" ~~o o(,,~.... ,- . I::l ~ >- ~, ~, \S, ., .,. ~L'.1 197/ fiG SOARD fie k..harn ) _._, '-/IRfYlA7 . .. ~ -MeN( OI"HE'/'L 7'ff ---.... , ntR",!dr'lt:'r;,~ :'" ,I"'.... fer,," 'j"''' ~ .&E'".~"""" ___ .._,_.____ . , - "' JV~/sI1a//bL ~/,d :;0/"1+ U;iiln~ alT r:;"~,,, 1I;f!f;"ith,h -hr: e';tp,,.,~t'&r; df i-hl.::- Jcwa/';;h"l!lu swhm>--r2ci 1'0 '1616, "',,";':,;.1 ro re9""r~ment5' ~21i(;-".. _ , m. I . J' ; ,.,'" rr..a;;r /,", n,.t!' .:1i-""'I::-.~ &c1,on 1;/';:'1- f-i"i,!i'l:Ii~- ~.c:& Ii: _ 4.lt~"1.';"" -W' ...;,; ! e:;.v'~nm"r.tQltS7;;irj, 1;';'".. -- :-\~ <c- _,..r_," -.: - }.... _' ':l I ,<> ~, Ii._ ~". ~ , . lIS, ~ Q ,~ 1.)<> ).~~ ~., I\- - ,'t, it:-: ~ " 1JJ)1iJ . S'(), :t' \) I ~ '~''-,.; . -r.~r '} @ I..,. \b f': Li r, III .... -.~ 4 "JO ~\ 'j'" t '" \) l;. ".:" " , , '--.:/ ~ , , . , - , 1 .s; Cd " - -'/ .- ~,.., \)I~ ~I~ --~ 0) , ~, , " ,,~ G' , " '" -I U ~'/' . ....)... ~. .- ~~ '-l\; , ~ " ..... -......... :7\ '\__J ... ,., , 1 as". 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" ..,-..........- .... ..J!I..,.-. '..,..,.. .. , " . . JUDITH T. TERRY TOWN CLERK REGISTRAR 0'" VITAL 5T A TI5TIC5 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOurHOLD May 16,1989 Mr. Roy Vigoda Office of the County Attorney 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Vigoda: I n accordance with the request from the office of Legislator Gregory Blass, transmitted herewith is a copy of the released $42,000 Certificate of Deposit for "5 horecrest at Southold", as well as other pertinent infor- mation concerning 'same. Very truly yours, 4._ ../..::-/ ~ ~...7~_ Judith T. Terry (/ Southold Town Clerk Enclosures cc: Legislator Blass ". \ -.. \ , . , .~ '-..<- ~'- " , -~J / j?~ / d'1b<.~~ ~~f/;tJ ,'"' JUDITH T. TERRY TOWN Q.ERK REGISTRAR OF VITAL STATISTICS /. -- ",-.'>~.'~\ OFFICE OF TOWN CLERK ~~ ,..;. \ ::.: -;~ TOWN OF SOUTHOLD ./'-... : SUFFOLK COUNTY ~. - '-~:7:...:~[/..~.:~;,>,,-, TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 10, 1980 Richard J. Cron, Esq. Main Road Cutchogue, New York 11935 Dear Mr, Cron: The Southold Town Board, at a regular meeting held on September 9, 1980, released the $42,000.00 Certificate of Deposit being held as a bond for roads and improvements in the subdivision known as "Shorecrest at Southold". Returned to you, herewith, is said $42,000.00 Certificate of. Deposit #4898 dated January 12, 1976. Very truly yours, k~J'~~ Judith T. Terry Town Clerk Enclosure I, Richard J. Cron, hereby acknowledge Certificate of Deposit #4898 dated Ja name of Valentine Ruch IV. c r rJ. Cron ';/1 ,,/<f-O Da te' , , , . c_. :""'~ ~~ .... .u.u .-~ / . 4-/ j , <Ok'. -y l' . ..-p- .."'f'--Y' ~L./~ Q.6'1.-~-. (, I" aLfJPJi..V- . ~. rj 12 ........-.z. .... . J'~/" '. ASSIGNrIENT OF CERTIFICATE OF DEPOSIT KNOW ALL MEN BY THESE PRESENTS, That the undersigned, for valuable consideration paid, hereby assigns to the TO~rn OF SOUTHOLD, its successors and assigns, all right, title and interest to the account and all moneys therein, with interest thereon, now due or to become due, registered in the name of the undersigned and represented by Certificate of Deposit No. 4898 Dated 11l2/76 in the amount oi'$42,OOO.oo due 4/12/76 . AND, the undersigned hereby authorizes and empowers the TOWN OF SOUTHOLD, its successors and assigns, to withdraw the Whole or any part of the moneys hereby assigned and the interest thereon, and does give and grant to it full power and authority to demand and receive the same for its use, and upon receipt thereof, to give discharge of the same or any part thereof and reneloJ' the same. Dated 1/19/76 /lf~ ~ ~ Subscribed on g-K---rt ./ (/ and S1-lOrn to ,-;z. / / C, '7 t. , ..' I ).'1: L. ../....:.,;.... , .,'. I .... :' ,.\ : /' / --./, ~j L :,; \' j I L/ ~ 12.-(./-<--,/ ;.C. V~;:"2-1../U~., .....,).: N ot~;r Public d'.: " \ \\" NOTARY PU!lIC STATE 0, nORIO.\ .t Ifl~Gt MY cm,l~.~ISSION EXPIRES JANUARY ~ ~i3 &):-\~tD t;( A:,;ERICAil B;\,'jj(ERS INSURAii".. co. . '.~'~'-:-', -- -~~~~.m","o~ ___.~'..o!!t'__._.:._.:.' -~. 'k __. I 11CI:: t4~ interest WI -. . _.~'. ....' _ .:....~--~. Of _~ ",;'-.." )~ ~ N~ h.due dale of.lh" Ce'. .---:-..I'::l".lJINDRTH:'FDRK it - ah.' I . ...... <'_.-, ~ . :~: (ll lillea.. of Oepdtlt.' -~:::-~.. BANK &TRUST CO. . r't O. I . . ~ " llIATTITUUK.L1.N.Y..11952 I.' o.~ .~.~.::::;.:>: _ ",' x ~ LIJ- u ....... .#_-. .)~ C~~ . VALENTINE RUCH IV ;~ L..;' U I' '1 0 <L 0'1- ',. ". ... ~ f.r. LiJ: u r PAYABLE TO .THE ORDER OF' r~ ~! ~ ,~ <to m ~ ~2 ~ ,~ ~; z ~'" ^"'~ ,.~ "I.M\ I~ 1:'1.- ;", .----------.--. ----',-.;- ..L ~-~ -:....:::~:::<~~--:,...<:. .-." . -"#-':',~';'i <>./. 4898, . ~-. I ^ ....! "-". ~ . . i9,6<'~ -.'~ . --Ian11ary 1? "-.- .~ .,""~ HAS DEPOSITED IN nllS BANK. OLLARS $42,000.00- ..JI ,..." Valentine RUch' IV :'-.' WITH INTEREST. IN CURRENT ruNDS ON THE RETURN Of" THIS 'CERTlf"ICATE PROPERLY 5~ PER CENT PER ANNUM FOR .THE TIME SPECIFIED ONLY~ .",--,' """. . . . - . ' ,:~~::~~;,:{~~~.i '--:'~'<:'I ; ~'...,~.~',~, ::~~;.>;:'! .'..<.:... ~>:~~::;~I '., ..................: " ,.,~ .~, . -,., - ". ".",:-- -': ", ~._.'. ..- ,,,~ ;-,:~~:,.::,,":.:;.,. <:-.....::>~ ."....... ....-..::~-,.-... . ,,, ,..----~ --,...,-. . ~._~ ~" \ \ , \ \ \ . \ \ \ , ,-,,~---,,-, "," The- North Fork Bank & Trust Company . HOME OF"F"ICE TELEPHONE: 516 298-B366 Mattituck, New York 11952 January 16, 1976 Mr. Albert Martocchia Supervisor Town of Southold Greenport, New York 11944 Dear AI: The $42,000. C of D which Mr. Valentine Ruch had assigned to the Town of Southold matured on January 12, 1976. Please find enclosed a renewal in this amount which indicates a new maturity of April 12, 1976. I have forwarded an Assignment of the C of D to Mr. Ruch at his Florida address with instructions to execute and return to your office, and provided him with a self-addressed envelope to expedite. Hopefully you will receive it. ABT:bg enc. ~{p- Austin B. Tuthill Assistant Vice President (e c. JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNI::Y Town Hall, 53095 Main Road P.O. Box 1179 South old, New York 11971 TELEPHONE (516) 765-1939 OFFICE OF THE TOWN A TIORNEY . TOWN OF SOUTHOLD March 13, 1989 Mrs. Ellen Grechniw Office of County Legislator Blass II West Second Street Riverhead, NY 11901 Re: Dedication of roads at "Shorecrest" subdivision Dear Ellen: You have inquired into the dedication of the roads in the "Shorecrest" subdivision. We have previously corresponded with a John T. Nappi regarding . this same issue about one year ago. Enclosed is a copy of the memorandum forwarded by the Town Clerk to Mr. Nappi. As stated therein, the offer of dedication, which arose by implication under section 278 of the Town Law, was revoked by the developer deeding to each lot owner to the center of the street. The best method to proceed with at this time would appear to be a Road Improvement District. Feel free to contact me with any questions or comments. Q ""'y y""". R~be~q~ - Assistant Town Attorney RHB:mls Ene. (e r. ROBERT H. BERNTSSON ASSIST ANT TOWN AlTORNEY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 JAMES A. SCHONDEBARE TOWN A rrORNlOY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: SUBJ: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney July 5, 1988 Maintenance Bond You have inquired whether the Town may require "maintenance" bonds as well as or in addition to, a performance from a developer. S277 of the Town Law permits the Planning Board to accept a performance bond instead of requiring a developer to complete all improvements in approving a subdivision plot. The Town Board must approve such a performance bond and any reduction in its face amount. There is no provision in the Town Law for a maintenance bond. A 1974 Comptroller's opinion concludes "a town may not require a maintenance bond in addition to a performance bond from a subdivider seeking approval of a subdivision plot". 30 Op.State Compt.126 (1974) In the matter of "Shorecrest at Southold", (which I assume is the same as "Shorecrest at Ashamomoque"), the Town Board released the certificate of deposit in the amount of $42,000.00, in accordance with the recommendations of the Highway Committee, Planning Board and Superintendent of Highways. The "bond" was released at a Town Board meeting on September 9, 1980. Contrary to the property owners contentions, there is no requirement for an offer of dedication prior to the release of the bond. . 1..../ . \....-. ~ '. .. , Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque Filed 1)./6/71 #5584 Dear Mr. Murphy, I am the owner of lot Ii' situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. The Lot owners were denied the right of due process. lam writing to'you on behalf of all the lot owner.s on said Map, as you know there were 14 signature on Mr. Nappif's letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - litigation: Very "7 ~ra ~.~...~...\ll.,.,J..l""\~,~." n~' \1'. \ . ,'-' i \\\l,\ \ .i ' \ '.)" ' L .... ,.- ~~.,~.- ~... - ~_-- nt.,':..,." ~~~~0~9Y- ~'.,',~-; - ... ~ ., c. (. Mr. Frank Murphy Supervisor Town of Southold Southold. N.Y. 11971 Re: Map of Shorecrest Arshamomoque . Filed'~/6/71 #5584 Dear Mr. Murphy, I am the owner of lot ~ situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right of due process. lam writing t070U on behalf of all the lot owner.s on said Map, as you know there were 14 signature on Mr. Nappi"s letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - litigation: ~ . " ., c. (. Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque . Filed'~/6/71 #5584 Dear Mr. Murphy, I am the owner of lott~situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law. His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right 01' due process. lam writing to-you on behalf of all the lot owner.s on said Map, as you know there were 14 signature on Mr. Nappi"s letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - litigation: Very Truly Yours JlJ2-e.~ '. -- / I ~ . . (e (e Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque Filed'~/6/71 #5584 Dear Mr. Murphy, ~/ I am the owner of lot /;' situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law. His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right or due process. Iam writing to'you on behalf of all the lot owners on said Map, as you know there were 14 signature on Mr. Nappirs letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - liti~atian: Very Truly Yours ~ l ," . . (e re Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque Filed'~/6/71 #5584 Dear Mr. Murphy, I am the owner of lot ~situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right or due process. lam writing to-you on behalf of all the lot owners on said Map, as you know there were 14 signature on Mr. Nappii;s letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through -lit~~at1an: Very Truly Yours ~~ l ..'ll.... (e (e Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque Filed'~/6/71 #5584 Dear Mr. Murphy, I am the owner of lot 1:5 situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map, and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right or due process. lam writing to'you on behalf of all the lot owners on said Map, as you know there were 14 signature on Mr. Nappirs letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - ~itigatian: Very Truly Yours ~~. f'r1~\~~~ LU,'6-,' (rtfJ./C/Nvccl & ",.. (e (e Mr. Frank Murphy Supervisor Town of Southold Southold, N.Y. 11971 Re: Map of Shorecrest Arshamomoque Filed'~/6/7l #5584 Dear Mr. Murphy, I am the owner of lot 4 situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map. and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. . The Lot owners were denied the right ot. due process. lam writing to'you on behalf of all the lot owners on said Map, as you know there were 14 signature on Mr. Nappi.s letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through - li~igatian: Very Truly Yours ~.~~~ . P' '. (e Ce Mr. ?rank Mur~~~ . risor Town of Soutno1d Southo1d. N. Y .' ] . .. l He: Map of Shorecrest Arshamomoque Filed 4/6/71 #5584 Dear Mr. Murphy, I am the owner of lot 14 situate on the Map of Shorecrest. Recently the Town Board received a letter from Mr. John Nappi regarding the streets on said map. and the neglect of same by the Town. The letter was referred to the Town Attorney who replied to the Town Clerk by letter dated 3/22/88. He concluded negatively by referring to Section 278 of the Town Highway Law.His interpetation was that there was no offer of dedication. I have consulted with my Attorney and he feels that the Town was in error when Mr. Ruch was released from the bond without the consent of all the interested parties. The Lot owners were denied the right of" due process. lam writing to'you on behalf of all the lot owners on said Map, as you know there were 14 signa:ture on Mr. Nappii;s letter and we would have no difficulty Getting 100% cooperation from all the owners. You are the only member still active that comprised the Board that released Mr.Ruch. I'm sure the problem can be resolved amicably without having to resort to relief through -:atigation: Very Truly Yours J~ M ~ dlvz- ~ A. I . . JOHN T. NAPPI ...Atto"",/ at "taw REaMD MAR 2 ,} 1988 355 NEW YORK AVENUE HUNTINGTON. NEW YORK 11743 15t6.271.01:l05 s.........I.I T .."'''' rLork March 28, 1988 Town Board Town of Southold New York, New York Attention: Mr. Dominic Piscatelli RE: MAINTENANCE STREETS Map of SHORECREST AT ASHAMOMOQUE Filed - April 6, 1971 - Map #5584 Dear Dom: Enclosed please find reply I received from the Town Attorney of the Town of SouthOld, with reference to the Map of Shorecrest. As you can see in his letter, he sites Section 278 of the Town Law and states, in effect, that the owner of land who files a plat, may add to the map that no offer of dedication of said streets is made to the public. Apparently, he is pointing out, that since the party that filed the plat did not have this notation on the map at the time he filed it with the Suffolk County Clerk's Office, it is considered a continuing offer of dedication of the streets to the public, according to Section 278, Subdivision 1, and may be accepted by the Town Board at any time prior to revocation of said offer, by the owner of the land, or his agent. He goes on to state, that since the owner of the land did not mark the plat as private roads, that it was an offer of dedica- tion which was clearly revoked by the owner, when he deeded out the property, with title to each individual owner, to the center of the street abutting the lot. Apparently, nothing is said in the Town Attorney's letter about why the bond that was filed by the owner of the plat was released in the first place. I would appreciate your comments on same. Very truly yours, JTN/bs enc. ~~ ..; . . JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 toWN CLERK REGISTRAR 01' VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 23, 1988 John T. Nappi 7 Spinning Wheel Lane Dix Hills, New York 11746 Dear Mr. Nappi: Reference is made to your recent letter to the Southold Town Board concerning the streets in Shorecrest at Arshamomaque. Upon receipt of your letter a copy was referred to the Town Board, and the Town Attorney, requesting the Town Attorney to respond to your statements. Mr. Schondebare's response, is enclosed herewith. Very truly yours, ~~~ ./ Judith T. Te~ Southold Town Clerk Enclosure ... .. .~tGT-/tt) 'IAf'''''' ,,". r" \ ,.:':1 .~_ 1,-J(" . c ,'h.....:~J T....~.," ("I.-'rlr. _,"'II. JAMES A, SCBONOEBARE TOWN A rrORNEY ROBERT II. BERNTSSON ASSIST ANT TOWN AlTORNEY Town lIall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 TELEPHONE (516) 765.1939 OFFICE OF THE TOWN A TIORNEY TOWN OF SOUTIIOW March 22, 1988 TO: Judith T. Terry, Town Clerk Town Attorney" FROM: James A. Schondebare, RE: Letter of John T. Nappi, dated January 25, 1988 Maintenance of Streets - Map, of Shorecrest I am in receipt of Mr. Nappi's letter by means of your memo dated March 16, 1988. Please advise the Town Board that Section 278 of the Town Law states as follows: Section 278 Record of Plats "(1) The owner of the land or his agent who files the plat, may add as part of the plat a notation, !f he so desires, to the effect that no offer of - dedication of such streets...is made to the public. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such street... is made to the public, the filing of the plat in the office of the county clerk...shall constitute a con- tinuing offer of dedication of the streets...to the public and said offer of dedication may be accepted by the Town Board-at any time prioT to revocation of said offer by the owner of the land or his agent. [Italics mine.] The failure of the owner of the land to mark the plat as private roads constitutes nothing more than an offer of dedication. Evidently, the landowner never made a formal dedication to the Town. If, as Mr. Nappi states in his letter, the owner deeded out to each lot owner title to the center of the street abutting the lot, then the offer of dedication was clearly revoked by the owner. Section 278 [3] states in part: "Every street shown on a plat...shall be deemed to be a private street until such time as it has been formally offered for cession to the public and formally accepted ". . ~ . . . as a public street by resolution of the Town Board." I would have to respectfully disagree with Mr. Nappi's conclusion that this plat "fell through the cracks" or there was an "inadvertent oversight". It is the responsibiltiy of the owner of the land to make a formal dedication to the Town. I trust this answers your memo. . . ~ ." t~~:; _ .<~ ..;.>-" -- .;?~;>:~:,: ;;:F~:-~ "'11";' ;. ':'S JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1801 TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 16, 1988 To: James A. Schondebare, Town Attorney Judith T. Terry, Town Clerk Shorecrest - Streets .c' -:7':"':'=- From: Re: I am transmitting the attached letter to the Town Board, but feel the response to same should come from your office. He is correct. .the$42,000 bond was released on September 9, 1980. The roads were not dedicated to the Town then, nor have they been since then... (nor are they required to be). .,,':-.-,, ~r--' n..;)1Y) voH'\J ). Nit Jon t/lf. 7 Srl'~ ~:<'1d INttEE L ..D,\. 1+ I LL~ N J- I 174 b kh~ RECEIVED MAR 1 4 1988 S"I/11.o1rf T""", ~ ,. ~,,";;;f' .~ I 0 ()j N B 0 A-R...b lowN tJF=" 5;OUTHtlLD 1^1 -It-;' fV (<0 A--:D ~t IVy //17/ 1\ II , ,~' t " ", .-.--: ,"-~ 'J", .... ,...;t"i <J.y) ~"c_,. . ClaIm Ch No. 8C1( "i , --I 'f, '." . Q HOld -' ;' _O~j~ _ 18 NOtice' < - 2ND NotIce - ItSturn -- fl', . .,...L " ~::i(~Il-;-"-' Oct. 1985 Ai. () , RETURN RECEIP_ REOUESTED ~- . . ~9~a7f~ p7/~' ~EcE\YED I\AR II !'-:188 John T. Nappi 7 Spinning Wheel Lane Dix Hills, NY 11746 S(I!lln('li'" Tn""" (!I'r'<. January 25, 1988 Town Board Town of Southold New York, New York RE: MAINTENANCE STREETS Map of SHORECREST at ASHAMOMOQUE Filed - April 6, 1971 - Map #5584 Members of the Board: As the owner of Lot 11 on the above mentioned map, I am concerned with the total disregard of the streets on said map, and who is responsible. I have had an investigation conducted and the following facts are apparent: 1. The said map was properly filed in the Suffolk County Clerk's Office as provided under Section 335 of the real property law. 2. According to Otto Van Tuyl, surveyor, all compliances were made on town level and in addition, there was approval of the Suffolk County Department of Health on County level. 3. Map was signed by John Wickham, Chairman of the Planning Board, and properly passed on. 4. The only Restrictive Legend on the map was to limit access for Lots 1, 2, 3, 4 & 16. This map is a major Subdivision with certain obligations on the part of the developer, Valentine Ruch IV, and on the part of the Town of Southold and its appropriate agencies. 5. The town records show that the Developer posted a bond of'$42,000.00 for assurance to perform town~~e- quiremer-:s. 6. On September 9, 1980, the town records show that at a meeting held by the Town Board, which the Supervisor and four councilmen attended, it was decided to release the bond of $42,000.00. 7. When 'the bond was released, there should first have been a Deed of Dedication to the Town, granting the streets and incorporating same into the Highway Plan. 8. Somehow, for some reason, someone was remiss in not obtaining the Deed of Dedication before releasing the bond. It appears Mr. Ruch was released by some over- sight prior to fulfilling all obligations. There has been mention of possible Private Roads, but the,fact that some missing step in the legal process octured, f~> does not make the roads private; for example: There are private roads on minor subdivisions and also some major subdivisions, but it must be clearly noted on the subdivision map by the developer that his inten- tion is to keep the roads private; and t9cci,s is done by: . . ~ ~" '-"""-- . ';~-~. --- -~...-- r ;'-' 'Z".: ~;_~ ..~~~:.~ . 'nf . ,Ih addition to mysel f as owner of Lot 11, the owners of other lots in this subdivision jOin with me in indicating their concern . over stre~~e~~on, by signing this letter. ,/ ~'~-L<~ .,~:* #/? a0NER OF LOT - J 6\ 1 LI U. H, 1~f-!cCu -:# /Il{ ~I ~~,N;:R i~: ~C~ " f5 ~ERI T- .1J~J~p1M ]:?-#w..-uV rt (., OWN R OF L - /.J&<--Mt::--f..ad./ F ? OWNER OF LOT - ji,? -?=;Z OWNER OF LOT - '.(... -'7':"'''' OWNER OF LOT - OWNER OF LOT - .f;:., . . ~ ~< "~;;;';;'..<..- ,;~-~" <---- -~- '.J'-~~:-~~_~ :..):~ :~~- - '''lf~ ;i ~~,ti_ OWNER OF LOT - ",- <, '~7:':'> OWNER OF LOT - PWNER OF LOT - .".,-" . -~ -~- . r" In addition to myself as owner of Lot 11, the owners of other "lots in this subdivision join with me in indicating their concern ._ ov, r s,tre~{:?~.i.<'::.::ion, by ~igning this letter. -<-<--< ~.-..!~~. -# / ? NER OF LOT - J ~1LW- (-1, l1ti-(cLu -=1/ /if ;) WNER OF LOT - . . f1 ~ 'II . cp c'-- tff3 -11_ 1,..-1'1..:/ ~A./ (CeL', OWNER OF OT- /h v - V A~I ,-I ~A ::fI,1 OWNER OF LO~ =L~' -" j ~ _:~';;;'-".:.... .;~-~- "..l'-~:'!.:- ~F~/~:~ H':f~~ ~:;~ OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - <- ':r':"'-" OWNER OF LOT - ....,.;"> OWNER OF LOT - . . -r' ." '::;.;t:.."';;:.- r--::::::- -~- .. .. ..,..., .l ~ ,~- '..>c~.~~~ , "'If" ~ ~[?_~ 'In addition to myself as owner lots in this subdivision join with .. ~r s:re~~~l~~~on, by signing , <~ /:<' ud:i" ~:.,-~ # / ? \ O~NER OF LOT - ""~ '4 J ~ ; LLU H, 11tl( cLu -oil /'1 ~'.,) WNER ~F LOT - . . 'l~1 (3. _ /tlQ _ ~c~. tt o ER'CP OT- OWNER OF LOT - OWNER OF LOT - ,~ OWNER OF LOT - OWNB':. OF LOT - '.~.:..::.,> OWNER OF LOT - . . - ." -~'.....,:", . . ,~c_~._ -~ -~.~ .-.:~~;~~~ "l-~~ ,In addition to myself as owner of Lot 11, the owners of other lots in this subdivision join with me in indicating their concern ._ ~er s:re~~~Tc~ion, by ~igning this letter. ~/:<'V~ ~~~ #/? 60NER OF LOT - - J e, ill LA- H, r 4 (Cree U -:jf /'If ~- WNER OF LOT - ..:> 1~ . . J' f . ,--' I C,-- R ~ OT- /Jv ~t.. .a: G. OWNER OF LOT - OWNER OF LOT - tit.? OWNER OF LOT - .: ':7':"':'~ LOT - OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - ..!-'..", . . -r ~' ',;~, --- ~ -- ,- .Z~'-""b " . ;';..F~':~ "-!fv' ~~;~~~i 'In,addition to myself as owner of Lot 11, the owners of other lots in this subdivision join with me in indicating their concern ov r s:re~~d~lc~ion, by signing this letter. .-<-~, ~~~~ #/? It ~J1- )(;'4~~ #- j, NER OF LOT - OWNER OF LOT _ J/l1llU-H. 11{i-(cLu -=# /Lf ~Ji. ~J ~ ~/0-/h? .) t5iVNER OF LOT OWNER OF LOT 7 . 1~ , / I ~. ti (s c '-_ OWNER OF LOT - ,c. '~7":":'=- OWNER OF LOT - OWNER OF LOT - "'~.-., . .~ -~.-- . ~ ~' .::;~::-- ;:~~Si "'~l'r ;, ;^.~~j.:O: ,In aadition to myself as owner of Lot 11, the owners of other lO,ts ,in this subdivision jOin with me in indicating their concern ._ ov r s,tre~{::i~:tc..::ion, by ~igning this letter. -<:_L< ~,..-.i_I~ _ 46 / ? NER OF LOT - J ~ Hcu- H, I ~{lfcCu -=1/ /If ~ WNER OF LOT - . . ,~;1, ;> I ~ " I-=> " I.<-C,-- j::f; o ER OT - ~~-qt ~II~~'~~ 11- ~ 9WNER OF LOT -/ n{/H} ~L~(/(((17L'-,"~ dl; ~rNER OF LOT - if 0- , , ('1 OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - "'0 'f:..:..~ OWNER OF LOT - OWNER OF LOT - .~~,-,> . . . . Town Board Page 2 January 25, 1988 1. Showing Legend on filed map (a public record) that the streets are to remain private. 2. By filing with the Suffolk County Clerk's Office (public record), a declaration of intent. A. That the streets are to remain private. B. Provision made in the declaration to convey title to streets, at sometime, to an associa- tion formed by the ne'" mmers. Neither of the 2 requirements were met. To further complicate matters, when the town decidied to release the bond, Mr. Ruch had already conveyed 14 of the total 19 lots, and a. He used a standard Bargain and Sale Deed with Covenants against Grantors acts. Lot and map recital only was used in the deeds. '-..:1 ' b. He allowed to remain in the deed the printed clause: "Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center line thereof." The foregoing recital clearly conveyed title to the street to the Lot purchaser. There was no reservation in the deeds. On September 9, 1980, it was incumbent on Board to also obtain releases from the new owners (14). Perhaps there was an in- advertent oversight and normal procedures "fell through the cracks". In any event, I feel that the town should assume responsibility for road maintenance. The residents of the area should not have to bear the brunt of this situation. Very truly yours, JTN/b~ J)h.~Jlr In addition to myself as owner of Lot 11, the owners of other lots in this subdivision join with me in indicating their concern ~ .~~e~~~ion, ~y :g~~g this letter. ~NER OF LOT - :~ I . . .. "J ~i LU.."- H, (<f-li..! cLu -:jf /'1 --~ WNER ~F LOT - . . ;l'lI M.)) .. o ER OWNER OF LOT - OWNER OF LOT - !:t(S ,<'') OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - OWNER OF LOT - ,-