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Home My WebLink AboutSouthold Shores .' 10 . JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMEl'IT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7, 1994 Robert Smith, Esq. Hawkins, Delafield & Wood 67" Wall Street New York, New York 10005 Re: Southold Shores Dear Mr. Smith: In accordance with your request to John Cushman, I am enclosing herewith the following items with regard to the petition for street improvements of Albacore Drive, .Blue Marlin Drive, and Dolphin Drive: Petition, Order for Meeting to Consider Petition for Street Improvements, Affidavit of Publication in The Long Island Traveler-Watchman, the 1993 official newspaper of Southold Town, Affidavit of the Town Clerk that it was posted on the Town Clerk's Bulletin Board, and Affidavit of the Town Clerk that the Order was posted in five places along the aforementioned roads. If I can be of further assistance, please do not hesitate to contact me. Very truly yours, ~~ Judith T. Ter~ Southold Town Clerk Enclosures cc: John Cushman Town Attorney , c., r II 5"od".' N. Y B T L: ro,m 00" . QUllch,m Derd-lndIVldlJ~1 or COfpontlOn (''"sIr shtt() . C DC~f 3 - .~ ~_-5 CONSULT YOUR LAWYER BEfORE SIGHING ntlS INSTRUMBIT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS Ot&Y. TInS INDENTURE, made the /lti day of ()~ ,nineteen hundred and ninety-three BETWEEN SOUTHOLD SHORES ASSOCIATION, INC. 785 Albacore Drive, Southold, New York 11971 party of the first part, and TOWN OF SOUTHOLD, a municipal corporation with offices at Town Hall, 53095 Main Road, Southold, New York 11971 party of the second part. WlTNESSETII, that the party of the first part, in consideration of ten doll"rs paid by the party of the second part. does hereby remise, release and quitclaim unto the party of the second part, the heirs cr successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York and acquired by Deed on July 19, 1980 from Harold Reese and Frederick Reese, and recorded on August 22, 1980 in Liber 8857, Page 21111, and otherwise known as and by Town of Southold, being private roads known as "Alabacore Drive", "Dolphin Drive" and "Blue Marlin Drive", all as shown and designated on a subdivision map entitled "Map of Southold Shores at Arshamomaque, Town of Southold, Suffolk County, New York", which said map was filed in the Suffolk County Clerk's Office on August 29, 1963 as Map No. 3853.y/ .. 'iI' . .,.:: \""""1:;. , *1:)J"';'t. . ;,.... ~.. .. . < ,.'." "c.,. f('j~.,.."-'1" . '\i....:.Hi"f\ :,,; 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 descr;',ed premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to. said premises; TO HAVE ANn TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the seeond part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and wilI apply the same first to the payment of the cost of the improvement before using- any palt of the total of the sa:ne for any other purpose. The word "party" shall be construed as if it .read "parties" whenever the sense.. of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly exeeuted this deed the day and year first above written. IN PRESENCE OF: SOUTHOLD SHORES ASSOCIATION Me. By: ~Atd- ~.~ Donald M. Bayles, Pr dent 19 .., STATE OF NEW YORK. COUNTY OF . belore- me On the day of personally came . before me STATE OF NEW YORK. COUNTY OF On the day 01 personally came 1165~PL097 to me known to be the individual executed the loregoing instrument, executed the same. described in and who and acknowledged that STATE OF NEW YORK. COUNTY OF SuFFoLK .., On the /9t!-day 01 Oc..~ 199.3, before me personally came Dn...CJ.. H. ~ t..v. to me known, who, being by me dulY s.tom. did depose and say that . he resides at No. '7~S- Itlb....C8'I..R.. Dr. thaSo"hf/:u.th( J. , to. y. j t elS e (l ,-.L- of r\-es,o.JLot".T ~ov~tl S/...res Prs)o<.,Jv.c.. the corporation described in and which executed the foregoing instrument; that he knows the seal 01 said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board 01 directors of said corpora- tion, and that ~e igned his na,,!,! ~ereto by like order. r:.. . K..v..-~ :TTHEWG. KIERNAN foIoI.ry Public. Sta,e of New Yaltl - No. 4948178 - Qualified in Suffolk CountY Commission Expires March 6, 1995 euittlaim ~eeb TITLE No. SOUTHOLD SHORES ASSOCIATION. INC. TO TOWN OF SOUTHOLD STANDARD fORM OF NEW YORK IOARD OF TITLE UNDERWRITERS Distributed by SECURITY TITLE.AND GUAlUNTY COMPANY CHARTERED 18U ~~ IN NEW YORK .., 19 to me known to be the individual executed the loregoing instrument, executed the same. described in and who and acknowledged that STATE OF NEW YORK. COUNTY OF sa, On the day of 19 , belore me personally came the subscribing witness to the foregoing instrument, _ with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the - individual - described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY 01. TOWN RETURN EY MAIL TO, .T"J.. ,+I.. I. "Ie..'r-<"1' '1";;...... c~K. .50" tko La -r. ........... I+a..II S"3O'ts"" H~ ~ ~~LJ., /\J.Y. z;pNo.I/.,7/ :> -" :;l ~ .1 .1 " ~ > "" ~ '" ~ "" , " " '- .1 . _ . 0a-073~ BOXES 5 THRU 9 MUST BE TYPE~R PRINTED IN BLACK INK ONL~RIOR TO RECORDING OR FILIN( (ljSUFFOLK COUNTY CLERK 2 i, 3 /- 11805 UPII 11653PC097 NunlllCl' or page., .?) TORRIi;NS t''!X!'j . REC~YED "~,"" 1.r" -,' ,':;.{ REAL ESTATE :"'i', ....~ ............. I ,- -- "" "" ,--." ,,,,, Ce.-tineale II ~~' 1 ~ \ '1()\I 23 1993 lRf..NSFER TAX SlHOLK r~nUNTY ---- !,-, " -:- Sel'ialll :::~ ',.0 w.> 1'1'i,,' fll Decd I Mort~"~e Inslrumcnt Dccd I Mortgage TaX'Stamp Rccording / Filing Stanl/I,I ~L I!:EES PUl~C I Filing Fcc crt? 5,:0 I C'JD ,~. ' lIn'Hlling Tp.584 Nutation c=...OO EA..5217 (County) _~'_ ,.-,;;:=-., OJ EA-5217 (Stale) ....I" J._ Suh Total COlllm. of Ed. 5_._00_ Dual Town _Dual Counly _ , Held for Apportlollment_ H.P,T,S,A. ~ ') ..12:9" Transfer Tax 0. , - Affidavit Other GRAND TOTAL L~I~CJ IOo.~ -----.J ~~ '.,': Lot Mansion Tax _ The property covered by thIs mortgnge Is or will he Improved hy a one or two family dwelling only. YES or NO If NO. see appropriate tux clausc on page /I of this Inslru'meot. Title Company Information Cerlificd Copy Heg, Cupy Sub Total == "S-;" ~"....., ,<,<tf. ''y,...\ SlJrnllK COUNtY RealProperty Tax Service Agency VerlrIeatlon Oi'l Section Bloclt inn () .. oG:7,oo n/,Qr) :- .. rinI'Commonwealth" L::::I Land Title Insurance Company OH: Pnycr lamc al R & R .__ r~ Commonwealth.. ..~j Land Title Insurance Company .- -, Com)lnny Name ' .-.--/ (' ;;; c) )' 3 ,/ d-..J ::.J Tille Nunlhcr FEE I' AllJ BY: Cu'h_ Chcek_ Churyc_ 1)17/ 171 Old Counl1y Rood ( Rout. 58) RECORD & RETURN TO This pnge forms pnrt of the nttnched made by: c- _.r '1 ~l\ '.::J~ ( LX1~', \<::\ ~I\.()~'P " ~c:-:;<c,e ( , I:r-+I o~ ~!;lc'" c/~",-~)(d t ",.--; k:,/ C- The premises herein is silunled in SUFFOLK COUNTY, NEW YORK. ~ jJ-,) I rl In the TOWN of In the VILLAGE or HAMLET of . I r . . C ()[ (1'3 - c!) 6/) TOWN OF SOUTH OLD : STATE OF NEW YORK -----------------------------------------------x In the matter of the Application of SOUTH OLD SHORES ASSOCIATION for the Laying Out of New Highways in Southold, Town of Southold, Suffolk county, New York, to be known as: DEDICATION AND RELEASE ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE -----------------------------------------------x SOUTH OLD SHORES ASSOCIATION, with a place of business at 785 Albacore Drive, Southold, New York, being the owner of certain land in Southold, Town of Southold, Suffolk Coun~y, New York, and included within No #,Ylu.<-, sr :::s.c. (,(<fi..c (d IV 1/ which land are proposed highways known as A[BACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, described in the Application in the above entitled matter dated O,:f;:b.v, I 2 , 1993. NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Raymond Jacobs, residing at Main Road, East Marion New York, 11939, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, do hereby release and dedicate to the Town of Southold all of the land heretofore owned by it within said proposed highways as follows: The highways are known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE as shown and designated on a certain subdivision map entitled, "Southold Shores" surveyed by Anthony W. Lewandowski, Southold, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853. r \. 1~JrL096 . r And do release the said Town of Southold from all damages by reasons of the laying out of the said highways. SOUTHOLD SHORES ASSOCIATION BY: .EJ Donald M. STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this /~day of Oc;:t; ~ , 1993, before me personally came Donald M. Bayles, to me known, who being by me duly sworn, did depose and say that he resides at 785 Albacore Drive, Southold, New York 11971; that he is the President of the Association described in, and which executed the above instrument. G. K~~~ MATTHEW G. KIERNAN Notarv Public. State of New York No. 4948178 Qualified in Suffolk County \.n',.p.......I<;sion Exoires M~rrh 6. ' qQ5 . n~xss 5 THRU 9 MUST BE TYPEIR PRINTED IN BLACK INK ONLY'RIOR TO RECO~I~~~HjF~I~~~ 1/ SUFFOLK COUNTY CLERK 2 I lj <: 1165oPL096 = -. <: UPII l_) .. ..J ... N\ln1h~I' or pil~C,'f 3 - - TORRli:NS >-' ;oC) 1 . . '- Serial II ..- . ,-"" Certificate II ~ I'rir,,' r,CH Deed I Mortgage Instrument Deed I Mortgage TIU Stamp Recording I Filing Sta01Il' - - - =~L - FEES Pug~ I Filing Fcc qC?'O Mortgage Amt. -- lIandling ::/!J 1. Dusic Tax TP-5H4 2. SONYMA . Notation Su~ Total [o;A.5217 (County) __'_ Suh Total ~.r,) 0 3. Spee.lAdd, EA-5217 (State) . ~~~ TOT. MTG. TAX RP,T,S,A. /5 ...D;p ~'l.i ~ Dual Town _Dual County _ - ,~ :fi ,,~ .'>; , ~ Held for Apportion1l1ent_ ~ .... t CUIllIll. of Ed. 5_._UU - ~.~ Transfer Tax Affidavit . .~~ Mansion Tax Certified Cupy - The property covered hy this murtgnge .10.:;) is or will he Improved by a one or two Heg, Copy Su~ Tota' family dwelling only. 3J-f?O YES _ or NO_ Oilier GRAND TOTAL If NO, see nppropriute tlU clause on -----' page /I of this instru'ment. I~ - '0.0('. RealProperty Tax Service Agency Verification M~g;~:: Tltie Company Information ~ Di,t Seclion Blocl, Lot .I =,%K ) C'.I (. ()Or! ~'Commonwealth.. ~+ ~ 0 ...Jj) J.t (i () oS7 0 () -L/.<J() '.... Land Title Insurance Company , '1 ~ '--.-.,..--- IIT~i3, Comllany Name --' n (I (l ,c-- '? d-~ n>> .-::'U ).)/ .:J "ii7, Title Numher 12:j FEEl'AlDDY: ~ ;t Cush_ Cheek_ Charge_ ~ tb,~.~A ((/z..Lvk0 ';r- . Pnyer same as R & R .__ 11"') (I'.. fi:.:cf/ on: r~ Commonwealth" ~-u-0~ecc; ./~*/) I,) / .".." Land Title Insurance Company '- ,~;!~l;! ''/ .-...--- 177 Old Coun~y Road ( Route 58) - RECORD & RETURN TO Riverh"d, NY 11901 ' IA .,',c" ]I Suffolk County Recording & Endorsement Page This page forms part of the attached ';/~d /('A:f(. f'J1 "- reIFA,,,-,,, _made by: (Deed, Mortgage, etc,) - ~I' . ,-d,kl yt1' cc," 1-1~QC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. -, C~'__u.._1l) I j TO In the TOWN of In the VILLAGE or HAMLET of . . ~ ~7-_., , ,. ''; 'I HARVEY A. ARi'JOFF Town Attorney .' .1 \ ~. , . ).:,~ SCCYIT L. HARRIS Supervisor ,'" MATIHEW G. KIERNAN Assistant Town Attorney '-', , ',,,,' ; ?'''-,. -.-~ /, -~^. " ' Town Hall, 53096 Main Road p. O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765.1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUIHOID October 29, 1993 Commonwealth land Title Insurance Co. 611 East Main Street Riverhead, New York 11901 Attention: Andrea Reeve Re: Dedication & Release - Southold Shores Subdivision Dear Andrea: Enclosed please find the Dedication and Release, Deed, Gains Tax Affidavit and Equalization Form for the above-referenced matter which we request you have recorded on behalf of the Town of Southold. Also enclosed is a voucher which we require you to complete and return for payment of your services. Should you have any questions, please feel free to contact me. Very truly yours, M,d.1:,.,"," Assistant Town Attorney MGK:mls Enclosures (5) . . " " ,~n" ~,'. HARVEY A. ARNOFF Town Attorney j '''t)'' , :'+; " . , "'M-.~ ~ ...., ..~ , I SCO'IT L. HARRIS Supervisor MATI1IEWG. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOU1lIOLD October 28, 1993 Town Hall. 53095 Main Road p. O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Donald M. Bayles 785 Albacore Drive Southold, NY 11971 Re: Southold Shores Road District Dear Mr. Bayles: With regard to the above-referenced petition, enclosed please find two resolutions adopted by the Southold Town Board on October 19, 1993. The first resolution gives consent to the Superintendent of Highways to make an order laying out Albacore Drive, Blue Marlin Drive and Dolphin Drive as highways. In addition, this resolution authorizes the Town Clerk to cause the dedication, release and deed to be recorded in the County Clerk's office. The second resolution is a Resolution for Street Improvement wherein the Town Board determined that it is in the public interest to make the improvements petitioned for. This resolution also directs the Town's Engineering Inspector to prepare definite plans and make a careful estimate of the expenses for the performance of the work and authorizes the Superintendent of Highways to perform said work upon completion of the plans. In addition, this resolution authorizes Mr. Lewandowski to survey the highway and establish the lines and grades thereof and to file such survey and profile of the grades in the Town Clerk's office. I trust that you will make the necessary arrangements with Mr. Lewandowski to perform these services. Upon receipt of the plans, estimate of the expenses and required surveys, the Town will be in a position to order the bond and the work can commence. In the interim, should you have any questions, please feel free to contact me. Very MCK:mls Enclosures (2) cc: Scott L. Harris, Supervisor Judith T. Terry, Town Clerk Raymond L. Jacobs, Superintendent of Highways James Richter, Town Engineer Scott A. Russell, Chairman, Board of Assessors / . - . . . TOWN OF SOUTHOLD : STATE OF NEW YORK -----------------------------------------------x In the matter of the Application of SOUTHOLD SHORES ASSOCIATION for the Laying Out of New Highways in Southold, Town of Southold, Suffolk county, New York, to be known as: DEDICATION AND RELEASE ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE -----------------------------------------------x SOUTHOLD SHORES ASSOCIATION, with a place of business at 785 Albacore Drive, Southold, New York, being the owner of certain land in Southold, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, described in the Application in the above entitled matter dated O<..,f::i:..v, I ~ , 1993. NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Raymond Jacobs, residing at Main Road, East Marion New York, 11939, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, do hereby release and dedicate to the Town of Southold all of the land heretofore owned by it within said proposed highways as follows: The highways are known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE as shown and designated on a certain subdivision map entitled, "Southold Shores" surveyed by Anthony W. Lewandowski, Southold, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853. . . . And do release the said Town of Southold from all damages by reasons of the laying out of the said highways. SOUTHOLD SHORES ASSOCIATION BY: STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this /~day of oc;;;t;; ~ , 1993, before me personally came Donald M. Bayles, to me known, who being by me duly sworn, did depose and say that he resides at 785 Albacore Drive, Southold, New York 11971; that he is the President of the Association described in, and which executed the above instrument. G. t<~~~ MATTHEW G. KIERNAN Not.rv Public. St.t. of New York No. 4948178 Qualified in Suffolk County (':i'lI'T"O'T"ission Exoires M~rrh 6. 1 qQ5 . . TOWN OF SOUTHOLD : STATE OF NEW YORK ------------------------------------------------x In the matter of the Application of Southold Shores Association for the Laying Out of New Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE ------------------------------------------------x WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by SOUTHOLD SHORES ASSOCIATION liable to be assessed for highway taxes in the said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owner of the land through which the proposed highways are proposed to be laid out, a copy of which is annexed hereto and nothing having been paid to any claim for such damages: NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town highways are hereby laid out at Southold in the Town of Southold as follows: The highways are known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, as shown and designated on a certain subdivision map entitled, "Map of Southold Shores" and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853. d By: /, Ra m d L. Jacol5s, of Highways, Town f Southold, Suffolk County, New York . . TOWN OF SOUTHOLD : STATE OF NEW YORK -------------------------------------------------X In the matter of the Application of SOUTHOLD SHORES ASSOCIATION for the Laying Out of New Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: CONSENT ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE -------------------------------------------------x We, the undersigned, being a majority of the Town Board of the Town of Southold in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the 19th day of October , 1993, and having duly considered the application of SOUTHOLD SHORES ASSOCIATION dated the 18th day of October , 1993, for laying out of new highways at Southold, Town of Southold to be known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE at Southold, Town of Southold, do hereby consent that such laying out be made in accordance with said petition. sui-~~ ".. \ SERVIS R cott Louis arris ~ (W~ Edwards ~ L. Penny IV TOWN COUNCILMAN Thomas H. Wickham . . . . Lizewski Hussie -: . . TOWN OF SOUTHOLD : STATE OF NEW YORK ---------------------------------------------------x In the matter of the Application of SOUTH OLD SHORES ASSOCIATION for the Laying Out of New Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: APPLICATION ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE ---------------------------------------------------x To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York: The undersigned petitioners, SOUTHOLD SHORES ASSOCIATION, with a place of business at 785 Albacore Drive, Southold, New York, liable to be assessed for highway taxes in the Town of Southold, hereby applies to the Town Superintendent of Highways to layout new highways at Southold, Town of Southold, County of Suffolk and State of New York as follows: 1. The highways are known as ALBACORE DRIVE, BLUE MARLIN DRIVE and DOLPHIN DRIVE, as shown and designated on a certain subdivision map entitled, "Map of Southold Shores" filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853. A map of said proposed highways has been made by Anthony W. Lewandowski, Land Surveyor, and is annexed hereto and made a part of the Application, together with a Release and Application to the Town of Southold by the petitioner herein, over whose property said highways are to run. SOUTHOLD SHORES ASSOCIATION BY: --;.. . . STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 12tJ. day of Oc...t;; ~ , 1993, before me personally' came Donald M. Bayles to me known, who being by me duly sworn, did depos"e and say that he resides at 785 Albacore Drive, Southold, New York; that he is the President of SOUTHOLD SHORES ASSOCIATION, the Association described herein, and which executed the above instrument. d~;o G, K~~__ MATTHEW G. KIERNAN ......1'ubI1C. State 01 New Yodl No 4948178 C)ueIItledE~1:'~~991 CGmm.uoon ...... _..1 \ \ \ \ \ \ \ \ \ \ \ \~ \ . Sa3'.3,1'oo"e /96.39 ' r--. "3. )> ~.. ~ '" VI o ~ '\ ~ ~ r- ~ MAP Or ALBACORE DRIve BLUE ~ARLIN DRIVE DOLPHIN DRIVE AS SHOWN ON MAP OF SOUTHOLD SHORES ARSHA MOMAQUt::, TOWN OF SOLlTHOLD, N. Y. S<JRVE'f"EO 8Y' ANTMONY VI. LEWANDOWSKI LAND SURVEYOR SO<JT"HOLD, N. Y. N AU6. 25, 1"193 SCALe: ,'. 100' ~ -'"", MAP OF $Of./THOL.o S#OJf.E'S FILED IN SVrl'otl( COUNTY' CURK;S OF'rICC At/G. 29, ~~S AS /YIAP NO. .3195:3 0".,. ~ '> ~ ~ ~ '< ~ v, ~~ \}, "J:. '" - "'. 'Z.. ~ \So 0>-- -'yo <'0 ..... ~ ~ '" ", '" \S -'y .. O"j> .. <f"\S -- ~ '? ," " t> ~ ):) '$ ~ ~. M MAP OF SOI.lTHOLD .sl-lo~e'S ......" ~... ~ ~. , I.~-,' 274.05 N89'!5'OO"C 3"..20' BLUE . o"&. 367.65'", 74-" /P'.Z ,.,/..' f'J 'S'Z,O-VV fI'IA T' :5 1A- / ,;.s fZ SJ-lO S89''''OO''W 400.00' o/,..o -rH .sOV l /v1 A .P of i I I I i I , ! i , I I , . I . , I ! I'j i I . I I i I I I , I I I LI i , '" I I , ! c"' "3. )) ~ ~ ~ ~ C c;::. ""\ ~ ~ ~ \:3 ~ ~ ~..oO ~~ c.t....~ ~ MAP OF ALBACORE OR'V~ BLU<< MAltLlN DRIVE DOLPHIN Dltf~ AS SHOWN ON MAP OF SOUTHOlO SHOIfE5 ARSHA fVlDJV1AQUE, TOWN OF SOUTHOLD, N. y: SURVEYe:O BY ANTHONY Vi LEWANDOWSKI LAND SURVEYOR SOUT'HOLO) N, Y. N AU6. 25, 1993 SCAL.E' /".. fo<l' MAP OF SOI./T#OI..J:> Slfo/(E"..S" FILlED IN SvNOi.1( COuN7't' CLcRI<:S OFI"ICE" AI./&. 29, "'~$ A,S ,A4A,P NO. !J85:3 ~ ""...<::> (J\ "> Q't '" o~ ~"\ ~. ~~~- tl ~-' "< ~ VI ~ .... ~ ~ :t ~ ~ - I::'l ~. 1. ~ '- ~ \So 0~ ....yO <.<) \.$"..." 0..,. ~\S' --- ~ ~" b ~ t. )) ~ - ~ " . '" MAP OF SOUTHOJ..D ..sI-lO~IE.s to' 2" Z74.OS' - H8~'/5'OD'c. 2tJtUE I!.S SHO~ S 89 15' 'tJ()"W 4-00.00' 0,--0 1'H SOU , /V1AP oF' . . --------------------------------------------- In the Matter of the RESOLUTION FOR STREET IMPROVEMENT Petition of the Owners of more than one-half of the Real Property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the improvement of said roads. --------------------------------------------- WHEREAS, a written petition dated July 20, 1992, was duly filed with this Board requesting the permanent improvement of highways in this Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive and described as follows: All that certain piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as Albacore Drive, Blue Marlin Drive and Dolphin Drive, and bounded and described as follows: 1. . DOLPHIN DRIVE AND ALBACORE DRIVE BEGINNING at a concrete monument marking the intersection of the southwesterly side of Dolphin Drive with the southeasterly side of the Main Road (N.Y. State Route 25). Said point of beginning being 1~5.82 ft. northeasterly from the west boundary line of land shown on the map of Southold Shores as measured along the southeasterly side of the Main Road. From said point of beginning running along the southeasterly side of the Main Road N 510 37' 20" E a distance of 100.00 ft. to a concrete monument. Thence running along the northeasterly. side of Albacore Drive and bounded by lots shown on Map of Southold Shores (1) S 380 22' ~O" E a distance of 126.88 ft. to a concrete monument and (2) S 630 52' 30" E a distance of 929.17 ft. to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive S 7~0 15' 20" W a distance of 12~.91 ft. to a point. Thence reversing direction and running along the southwesterly side of Albacore Drive and bounded by lots shown on map of Southold Shores; (1) along the arc of a curve with a radius of 19.13 ft. and curving to the left a distance of ~6.12 ft., (2) N 630 52' 30" W a distance of 785.89 ft. and (3) along the arc of a curve with a radius of 23.65 ft. and curving to the left a distance of 53.~0 ft. to the easterly side of Dolphin Drive. Thence. running along the easterly side of Dolphin Drive and bounded by lots shown on Map of Southold Shores S 130 15' 00" E a distance of ~70.90 ft. to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive S 890 15' 00" W a distance of 51.21 ft. to the westerly side of Dolphin Drive. Thence running along the westerly side of Dolphin Drive and bounded by lots shown on Map of Southold Shores (1) N 130 15' 00" W a distance of 500.00 ft. and (2) N 380 22' ~O" W a distance of 12~. 77 ft. to the concrete monument on the southeasterly side of the Main Road at the point of beginning. . . 2. BLUE MARLIN DRIVE Beginning at a concrete monument at the intersection of the northerly side of Blue Marlin Drive with the easterly side of Dolphin Drive. From said point of beginning running along the northerly side of Blue Marlin Drive and bounded by Map of Southold Shores (1) N 890 15' 00" E a distance of 27~.05 ft. and (2) N 7~0 15' 20" E a distance of 367.65 ft. to a point. Thence continuing along the northerly side of Blue Marlin Drive and bounded by the easterly end of Albacore Drive N 7~0 15' 20" E a distance of 12~.91 ft. to the northeasterly side of Albacore Drive. Thence continuing along the northerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores N 7~0 15' 20" E a di!:tance of about ~35 ft. to the mean high water mark of a body of w"ter known as Sage Basin. Thence running along the mean high water mark of Sage gasin in a southerly direction to a point that is 100.00 ft. from the extension of the north side of Blue Marlin Drive measured at a right angle thereto. Thence running along Lot 52 as shown on Map of Southold Shores S 7~0 15' 20" W a distance of about 120 ft. to the northwesterly corner of said Lot 52. Thence running N 150 ~~' ~O" W a distance of 50.00 ft. to a point and thence running along the southerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores; (1) S 7~0 15' 20" W a distance of 8~0.00 ft. to a concrete monument, (2) S 890 15' 00" W a distance of ~OO.OO ft., (3) S 760 ~5' 00" W a distance of 107.63 ft. Thence running along the westerly end of Blue Marlin Drive and bounded by land shown on Map of Southold Shores N 130 15' 00" W a distance of 100.00 ft. to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores S 830 38' 00" E a distance of 196.39 ft. to the intersection with the westerly side of Dolphin Drive. Thence running along the southerly end of Dolphin Drive S 890 15' 00" E a distance of 51.21 ft. to the concrete monument at the point of beginning. WHEREAS, said petition was duly signed by owners of real estate owning real estate to the extent of at least one-half of the entire frontage or bounds on both sides of such highway and also signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway; and WHEREAS, the said petition was duly acknowledged or proved as to each signer in the same manner as required of a deed to be recorded; and WHEREAS, at a meeting of said Town board duly called and held on June 15, 1993, an order was duly adopted by it and entered in its minutes, reciting the filing of such petition, the improvements proposed and the maximum. amount proposed to be expended for the improvement as stated in such petition, to wit, the sum of $25,000.00 and specifying that the said board would meet to consider the petition and hear all persons interested in the subject thereof concerning the same, at the Southold Town Hall, at Southold, in said Town, on the 13th day of July 1993, at ~:30 o'clock in the afternoon of that day for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same; and . . . . WHEREAS, the said order, duly certified by the Town Clerk, was duly published and posted as required by law; and WHEREAS, a hearing was duly held by this Town Board at the place and on the date and time hereinbefore mentioned, and at such place and time, the said Town Board did duly consider the said petition and hear all person interested. NOW, THEREFORE, after such hearing and upon evidence given there at and pursuant to the provisions of c;ection 200 of the Town Law of the State of New York, it is hereby RESOLVED that this board does hereby determine that it is in the public interest to make the improvements petitioned for, to wit: The permanent paving of the highways set forth in said petition and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and it is further RESOLVED, that the Town's Engineer Inspector, shall prepare definite plans and specifications and make a careful estimate of the expenses for the performance of the work; and it is further RESOLVED, that Anthony W. Lewandowski, shall survey said highway and establish the lines and grades thereof and such survey and a profile of the grade shall be filed in the Town Clerk's office; and it is further RESOLVED, that upon the completion of the aforesaid plans, specifications, estimate of expenses, survey and profile of the grades, that the S\.Iperintendent of Highways perform said work by using regular highway employees and that the cost thereof to be deemed a part of the expenses of the improvement. STATE OF NEW YORK COUNTY OF SUFFOLK Office of the Town Clerk of the TOWN OF SOUTH OLD ) ) ) ss ) This is to certify that I, Judith T. Terry, Town Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolution with he original resolution now on file in this office, and which was passed by the Town Board of the Town of Southold in said County of Suffolk, on the 19th day of October 1993, and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this 20th day of October,1993. - ~~ .-7' Clerk of the Tow f Southold, County 0 . .. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 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 SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 19, 1993: WHEREAS, Southold Shores Association has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, known as Albacore Drive, Blue Marlin Drive, and Dolphin Drive, designated on a certain map entitled, "Map of Southold Shores", filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highways and has advised the Town Board that he determines and orders that said highways. shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York, //'_~.;/ ~~ ~~~ Southold Town Clerk October 20, 1993 . . Scott A. Russell, Chairman Darline J. Duffy, Assessor . Roher! I. Scott Jr., Assessor , -.. ~';.. iiJl '- .", .iJ 1 ..~ I') -:::., , ~ "'%"" 1 ~/ I~'; ,. .~,. ~ .c'l. ~ S ;::, ...;),.''J... ,. ~fV < .~, ....."'.. . ::J. .pI ",-..'?, ',- ",g:>.;{Y -'->... " ..'.aiI j\ -{)-/ '-'~~o:J';'U Southold Town Hall P.O. Box 1179,53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD TO: Matthew G. Kiernan, Assistant Town Attorney Claire Glew, Sr. Assessment Assistant ~ Southold Shores {/ FROM: RE: DATE: October 13, 1993 The assessed value on the above-referenced subdivision which include Albacore Drive, Dolphin Drive, and Blue Marlin brive are over $40,000 for improvements with less than 1 mile of road area. . . ~'i>UfFO~ ~'\; .' ~"'.. ~... ~'\:, .:::>> . ~K Q . ~ t: "en.. .~.. :ce t~- \;"'" . c. t:!:! I) c::> *., . "'" r, ~... '~'\-l! ~!O" ~:. i~~(/ '-C'~-<<D~r;c./I:'-:_. . HARVEY A. ARNOFF Town Allomey SCOTT L. HARRIS Supervisor MATTHEW G. KIERNAN Assistant Town Allomey OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1993 Mr. Donald M. Bayles 785 Albacore Drive P.O. Box 396 Southold, New York 11971 Re: Petition for Southold Shores Road District Dear Mr. Bayles: Pursuant to my letter of July 22, 1993, this will confirm our recent conversation in which you indicated to me that you would forward to me a survey of the subject roads along with a metes and bounds description of same. As I explained to you, the Town cannot move forward with this Petition until we are in receipt of the survey and description. Should you have any questions, please feel free to call. iernan, Town Attorney MGK:cc cc: Supervisor Scott L. Harris Judith T. Terry, Town Clerk Raymond L. Jacobs, Superintendent of Highways . :,;77;:;~'';>'<:'''~ )'C'~~\\HOLr. ;;~'c "5:)\; . %: .. f:.-fj ,)' ~ >-~ if:::> ~.~. I~ I::) ~ . ~ (~ en ,", ~~,'~ ~ '" /.. ";;;;.' ~ ,:;<",~~;:-'" ~ ..,~.. c ',f .;: i;<>.:' . HARVEY A, ARNOFF Town Attorney SCOTT L. HARRIS Supervisor MATTHEW Q, KIERNAN Assistant Town Attorney . <;-;--::/-:: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD July 22, 1993 Mr. Donald M. Bayles 785 Albacore Drive P.O. Box 396 Southold, New York 11971 Re: Petition for Southold Shores Road District Dear Mr. Bayles: As you are aware, on July 13, 1993, the Town Board held a meeting for the purpose of considering the above-referenced petition and to allow all persons interested to be heard. In order to proceed further with this Petition, a survey of the subject roads, along with a metes and bounds description, is required. If you are unable to provide same to the Town, we will be happy to arrange for a survey and description and include the cost of same in the amount of the Bond. I will wait to hear from you before ordering same. Should you have any questions, please feel free to call. MGK:cc . Kiernan, Town Attorney cc: Supervisor Scott L. Harris Judith T. Terry, Town Clerk Raymond L. Jacobs, Superintendent of Highways TOWN LAW Art. 12 uction is under way, the town board ;y not abandon the project, in the ab- tee of factors of illegality or financial bility. 9 Op.State CampI. 144, 1953. .t and proceedings thereon :Jr abutting upon either side of a t of way used for access to said 'xtent of at least one-half of the said street or highway or pri~ate -w petition the town board or the pt a resolution to improve said , way or portion thereof, by the . culverts, and other necessary - by construction and paving of right of way or portion thereof; ~ necessary improvements shall section unless a pavement has :: constructed at the same time g t of way or portion thereof. 'e tn roperty on only one side of way, r portion thereof, the ,igned by e owners of real Ie to be serv f said street, 'e extent of at least one-half of reet, highway, private road or Jroved pursuant to this section Jay or county road which lies be improved pursuant to this tion shall consent thereto and shall be prepared therefor as be improved pursuant to this ighways shall consent thereto ich shall be prepared therefor ate road or right of way or , or a county road shall be · board shall cause it to be to be established and such ed in the town clerk's office. o petition for improvements .etition be acted upon by said resident owners owning not :sident owners residing in or ht of way or part of street or --red or represented by such tion shall have thereon the I -,~ -:k~,~ ~ DISTRICT, ETC. IMPROVEMENTS Art. 12 signatures of owners of real estate fronting or abutting upon either side of the street or highway or private road, right of way or portion of street or highway or private road or right of way covered or represented by such petition to the extent of at least eighty per centum of the entire frontage or bounds, then the foregoing requirements as to signatures of resident own- ers shall not apply thereto. 6. Such petition for improvements shall be signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded and shall state the maximum amount proposed to be expended for the improve- ment. A resolution adopted pursuant to subdivision one of this section shall state the improvement proposed, the maximum amount proposed to be expended and the area benefited. 7. When a petition for improvement containing the required signatures shall have been presented or a resolution adopted by the town board on its own motion, the town board shall adopt an order and enter the same in the minutes of its proceedings, reciting in general terms the filing of such petition or adoption of such resolution as the caSe may be, the improve. ment proposed, the maximum amount proposed to be expended for the improvement and the area benefited as stated in the petition or the resolution, and specifying the time when and the place where said board will meet to consider the petition or resolution and to hear all persons interested in the subject thereof concerning the same. The board shall cause a copy of such order, certified by the town clerk, to be published at least once in the official paper, the first publication thereof to be not less than ten nor more than twenty days before the day set therein for the hearing as aforesaid, and shall cause a copy thereof to be posted on the sign.board of the town maintained pursuant to subdivision six of section thirty of this chapter and onspicuousl . five ublic I e alon the street or hi hw 0 t eof to be im rove not Jess than ten nor ore t efore the da esie:nated for the earin~ as aforesaid 8. If the town board shall determine after such hearing and upon the evidence given thereat, that it is in the public interest to make the improve. ment, the board shall direct the engineer to prepare definite plans and specifications and to make a careful estimate of the expense, and with the assistance of the town attorney or an attorney employed for that purpose, to prepare a proposed contract for the execution of the work. Thereupon the said board shall examine such definite plans, specifications, estimate and the proposed contract, and may reject the same or make such modifi. cations and changes therein as shan seem necessary and desirable. 9. If the estimate of the cost of the improvement as prepared by said engineer exceeds the maximum amount proposed to be expended for said improvement, the town board shall adopt an order caIling a further public hearing at a definite place and time not less than fifteen nor more than twenty.five days after such determination. A notice of such further hear- ing shall be published and posted in the manner hereinabove in this section provided and there shaIl be included in such notice a statement that the improvement cannot be constructed within the maximum amount pro. 73 _ _ A . I 1- ~O-~ '---'t ~~ ~\. ,,"-I j +-. ~1 - ld ~ ~ +-l...... J,,-V. ~200 - . . PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 13, 1993 4 :30 P.M. IN THE MATTER OF THE PETITION OF THE OWNERS OF MORE THAN ONE- HALF OF THE REAL PROPERTY FRONTING ON ALBACORE DRIVE, BLUE MARLIN DRIVE AND DOLPHIN DRIVE FOR THE IMPROVEMENT OF SAID ROADS. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie * * * Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: Ladies and gentlemen, at this time we'll resume the portion of our Town Board meeting known as the public hearings. Councilman Tom Wickham will read the publication and verification of such as has been published, I guess, in our local papers. COUNCILMAN WICKHAM: Legal Notice. "At a meeting of the Town Board of the Town of Southold, Suffolk County, New York" held on the 15th day of June, 1993. Present: Scott L. Harris, Supervisor. Raymond W. Edwards, Town Justice. George L. Penny IV, Councilman. Thomas H. Wickham, Councilman. Joseph J. Lizewski, Councilman. Alice J. Hussie, Councilwoman. Members of the Town Board. There was as order for meeting to consider petition for Street Improvements in the matter of the petition of the owners of more than one-half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dophin Drive for the improvement of said roads. WHEREAS, a written petition, dated July 20, 1992, was heretofore duly filed with this Board pursuant to Section 200 of the Town Law of the State of New York for the improvement of highways in said Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less that one-half of the frontage owned by resident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by al the signers thereof in the same manner as a deed Pg 2 - PH Street Impr.,. . to be recorded; and whereas the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of Twenty- Five Thousand Dollars ($25,000.00), it is pursuant to the provisions of said Section 200 of the Town Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993, at 4: 30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same. Singed by the Town Board of the Town of Southold, Suffolk County, New York. Scott L. Harris, Supervisor. Raymond L. Penny IV, Councilman. Thomas H. Wickham, Councilman. Joseph J. Lizewski, Councilman. Alice J. Hussie, Councilwoman. I have before me several notice of publication. I have before me a notice, that this was published, and listed, in five different locations along Albacore Dirve, Blue Marline Drive and Dolphin Drive by the Town Clerk, when it was done on the 1st of July, 1993, and I, also, have notice here, that it appears on the Bulletin Board outside the door here, the Town Hall's Bulletin Board, and I, also, have a legal notice showing that it appeared in The Traveler-Watchman on the 24th of June, 1993. SUPERVISOR HARRIS: Thank you, Tom. At this time, are there any members of the audience, that would like to speak in reference to this special district, road district, that will be created, hopefully in a short time? DONALD BAYLES: I think I should say something, since I'm the person to begin this petition in the first place. Donald Bayles. I live on Albacore Drive, and I just want to give a brief history, if I can do it in a couple of minutes. The map of Southold Shores was filed in 1963, which is just about exactly 30 years ago. Now, ten years prior to that time I was working for a surveyor in Patchogue, and we had occasion to prepare subdivsion maps, and I know at that time in the Town of Brookhaven you couldn't file, or the Planning Board wouldn't approve filing a subdivision map until the roads were improved to the Town's specifications, and dedicated to the Town, and the Town accepted those rules. Now, unfortunately, that procedure was not filed here, and as a result the roads remain the property of the developer, and we were pretty much at his mercy as to whether he repaired them, or did any maintainence work or not. So, about 1980 the Association of our community of property owners decided it would be in their best interest if we took over the roads, so that we could maintain them ourselves, and this was done. The developer did do a certain amount, a minimum amount of work. He oiled the road before we took them over, and this lasted for four, or five years. We asking the residents to contribute a certain amount of money, which has been a hundred dollars a year for several years now to try to maintain these roads, and repair them, which has worked out so far. About a year and a half ago, we applied a coat of blue stone, and oil to these three roads, and right now they are in pretty good shape. A year and a half ago, I asked Ray Jacobs to look over the roads, and see what would be required to bring them up to Town specifications with the hopes that the Town would take them over. He did this, and said that there would be work that would be required. We thought that we would be able to go ahead and do this. I called the residents; the community, and everybody seemed to be in favor of it. So, as a result we have petition in front of you, and we would like to see these roads become part of the Town's road system so that the residents do not have to maintain the roads at their expense, and we're not in the highway business. We have to find people to do this work, and certainly the Highway Department is in a much better position to do this, so that's where we are today. Pg 3 - PH Street Impro. . SUPERVISOR HARRIS: Thank you. Anybody else, who would like to speak in reference to this matter? HOWARD MALONE: Good afternoon. I'm Howard Malone from 250 Blue Marlin Drive, and I would like to second everything that Don Bayles just had to say, and I implore you to go along with this procedure. I'm the former President of the Association, and we had terrible times trying to self-assess ourselves to maintain the roads because it's strictly voluntary, nobody can go in with a gun, and collect the money, and the Association membership, there's a well-knit group that supports the roads. But, the expenses have been going up on them. They are approximatley $200.00 a year now. Right, Tom, for each assessed member? There are many empty lots owned by the developer, and there are some lots occupied by people of private ownership, and they refuse to pay for the support of this. It has become an unfair burden to the rest of us, who are stuck with the fee for the services required. So, I implore you again, please go with it. Thank you. SUPERVISOR HARRIS: Thank you, Mr. Malone. Is there anybody else, who would like to speak in reference to this matter? CARL CHRISTIANSON: Carl Christianson of 215 Blue Marlin, and the Treasurer of the Association, and I can only just verify the fact, that there are a relatively small, I guess more than half of the lots, do pay their dues for road making, but again, there are many lots that do not, and what we're asking is not putting a unfair burden of the Town, but as we understand it, we will indeed will foot the cost of having the roads brought up to snuff. SUPERVISOR HARRIS: Usually the way the procedure is set up is it's added to your tax bill. If you receive, they'll set it for the number of years, depending on the amount of money, that is needed to do the work, and at the end of that period that's it. It becomes included into the road system, as Don said for the Town of Southold for maintenance from that point on. CARL CHRISTIANSON: This is our understanding. Thank you. SUPERVISOR HARRIS: Is there anybody else, that would like to speak in reference to this matter? (No response.) The Board doesn't have to take any action today. There are a number of steps, now that we've had the public hearing, because that is the procedure as required by law. The Board now has to institute a few more steps, as I said, or procedures. After that we can move on this. I'd like to at this time, just publicly acknowledge, also, that Don Bayles has really been like a pit bull in reference to this matter. The amount of times, that I've seen Don, and I've talked to him on the phone, and I know that the Assistant Town Attorney has dealt with him, and that Ray Jacobs has dealt with him. We understand, obviously, the problems that exist in that area, the frustrations that exist when roads are left to property owners to maintain, especially when they don't want the privacy of private roads, they want to be included. The steps are tedious, but are required by law, and obviously that mandate is layed down, and we have to follow it. Don being a registered Engineer certainly had a little more ease in doing this than probably a layman, who started this from the beginning, and Don I'd just like to say the group of people that live on those various roads down there certainly owe you a debt of thanks for the work you've done to date. Your deligence on this matter, and the Town Board's deligence from this point on, hope- fully will resolve this issue once and for all, and make it much easier for the Pg :q - PH Street Impren . residents of that area to enjoy Southold Town. If there's nothing else, we'll close this public hearing. * * * ~ 4.-/~~ ~ .,7,.-<: . Judith T. Terry ~ Southold Town Clerk II , .. ., . . Ii STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) I' JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, . being duly sworn, says that on the 1st day of July, 1993, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in five (5) public places along Albacore Drive, Blue Marlin Drive and Dolphin Drive, which notice is an Order for a Meeting to Consider a Petition for Improvements of said streets, to be held by the Southold Town Board, at the Southold Town Hall, Main Road, Southold, New York, on the 13th day of July, 1993, at 4:30 o'clock in the afternoon. Judith T. Terry Southold Town CI Sworn to before me this ay 0 July, 1993. G. J!~~ Public ~,\_wo. __ ....,,...., It... cA ...... .... ""'71 ~ ,.....iIt...... c... CaIUl'''l<<> E..... ....-.. ,.. I !I I II i I ] I I' I I 1> " . LEGAL NOTICE . At a Meeting of the Town Board of the Town of Southold, Suffolk County, new York, held on the 15th day of June, 1993. PRESENT: Scott L. Harris, Supervisor Raymond W. Edwards, Town Justice George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Members of the Town Board --------------------------------------------------------- In the Matter of The petition of the owners. of more than one-half of the real property fronting on Albacore Drive, Blue Matlin Drive and Dolphin Drive for the improvement of said roads. . Order for Meeting to Consider Petition for Street Improvements --------------------------------------------------------- WHEREAS, a written petition, dated July 20, 1992, was heretofore duly filed with this Board pursuant to Section 200 of the Town Law of the State of New York for the improvement of highways in said Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl~ Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1993, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be. necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners. of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas the maximum amount proposed to be expended for the improvement of said highway as stated in the petition is the sum of Twenty-Five Thousand Dollars ($25,000.00), it is pursuant to the provisions of said Section 200 of the Town Law of the State of 'New York, hereby ORDERED. that the Town Board of the Town of Southold, Suffolk County, New York, shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993, at 4:30 o'clock in the ,afternoon of that day, for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same. Town Board of the Town of Southold Suffolk County, New York Isl Scott L. Harris, Supervisor Isl Raymond W. Edwards, Town Justice Isl George L. Penny IV, Councilman Isl Thomas H. Wickham, Councilman Isl Joseph J. Lizewski, Councilman Isl Alice J. Hussie, Councilwoman . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 18th day of June , 1993 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Order for Meeting to Consider Petition for Street Improvements, The petition of the owners of more than one-half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the improvement of said roads, 4:30 P.M., Tuesday, July 13, 1993, Southold Town Hall. ~~ Judith T. Terry Southold Town Cler Sworn to before me this 18th day of June , 1993. ~d', ~ (~~..J otary ublic LINDA J. COOPER Notary Public, Stale of N_ YoItc No. 4822563, Suffolk cour /At(. Term Expires December 31, 1 -/ LEGAL NOTICE At a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of June, 1993. PRESENT: Scott L. Harris, S~pervisor Raymond W. Edwards, Town Justice George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Members of the Town Board In the Matter of The petition of the owners of more than one-half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the im- provement of said roads. Order for Meeting to Consider Petition for Street Improvements WHEREAS, a written peti- tion, dated July 20, 1992, was heretofore duly filed with this Board pursuant to Section 200 of the Town Law of the State of New York for the improve- ment of highways in said Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of South old, and shown and designated on a certain map entitled "Map of Southo1d Shores:' surveyed by Otto W. Van Thyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the South old Town Clerk, by the permanent pavement of such portion thereof as may be necessary. and the constuction fo such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners of real property owning at least one~ half of the entire frontage or bounds on both side of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage own- ed by resident owners residing in or along such highway; and whereas such petition was du- ly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas the maximum amount proposed to be expended for the im- provement of said highways as stated in the petition is the sum of Twenty-Five Thousand Dollars ($25,000.00), it is pur- suant to the provisions of said Section 200 of the Town Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993, at 4:30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons in- terested in the subject thereof concerning the same. Town Board of the Town of Southold Suffolk County, New York IslScott L. Harris, Supervisor IslRaymond W. Edwards, Town Justice IslGeorge L. Penny IV, Councilman IslThomas H. Wickham, Councilman Isl Joseph J. Lizewski, Councilman IslAlice 1. Hussie, Councilwoman lX-6124/93(l5) COUNTY OF SUFFOL" 55: STATl: OF Nl:W YORK Patricia Wood; being duly sworn, says that she is the Editor of THE LONG ISLAND TRAVELER-WATCHMAN, , . J public newspaper printed at Southold, in Suffolk County; dnd th;ll the notice of which the annexed is (l printed copy, ILlS hecnpuhlishcd in said Long Island Tr;l'yelcr-WalChm<l11 once l'.lch week fen. , . , , , , . , weeks Sllcccssivcly, commencing on the, , , , clrlY()~".... , " " . \ ICl'/ .~_/ ) 19. :. .(~L. <\- ../ I. c- '"..~., '\W()I'll 1(\ hel()II' II1C li'llS "i cJ,l) i ij , 19./. I " 'i' "\JO!MY [)ublic BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806346 Qualified in Suffolk County CommisSion Explfes f/31/q'( -l . . LEGAL NOTICE At a Meeting of the Town Board of the Town of Southold, Suffolk County, new York, held on the 15th day of June, 1993. PRESENT: Scott L. Harris, Supervisor Raymond W. Edwards, Town Justice George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Members of the Town Boasrd ---------------------------------------- I n the Matter of The petition of the owners of more than one-half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the improvement of said roads, Order for Meeting to Consider Petition for Street Improvements ------------------------------------------------ WHEREAS, a wICitten petition, dated July 20, 1992, was heretofore duly filed with this Board pursuant to Section 200 of the Town Law of the State of New York for the improvement of highways in said Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas the maximum amount proposed to be expended for the improvement of said highways as stated in the petition IS the sum of Twenty"Five Thousand Dollars ($25,000.00), it is pursuant to the provisions of said Section 200 of the Town Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993, at 4:30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same. . . . Page 2 - Street Impy'ovements Town Board of the Town of Southold Suffolk County, New York Isl Scott L. Harris, Supervisor Isl Raymond W. Edwards, Town Justice Isl George L. Penny IV, Councilman Isl Thomas H. Wickham, Councilman Isl Joseph J. Lizewski" Councilman Isl Alice J. Hussie, Councilwoman * * * PLEASE PUBLISH ON JUNE 2". 1993. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, I\lEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Town Clerk's Bulletin Board Aj ., -"._~-_. ...~... 0..:: ~ - '- --".--...- < \...,,' - ".--' . -" -,,"-- LEGAL NOTICE At a Meeting of the, Town Board of the Town of Southold, Suffolk County, new York, held on the 15th day of June, 1993. PRESENT: Scott L. Harris, Supervisor Raymond W. Edwards, Town Justice George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph .J. Lizewski, Councilman Alice J. Hussie, Councilwoman Members of the Town Boasrd ------------------------------------------- I n the Matter of The petition of the owners of more than one-half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the improvement of said roads. Order for Meeting to Consider Petition for Street Improvements ------------------------------------------------ WHEREAS, a wlritten petition, dated July 20, 1992, was heretofore duly filed with this Board pursuant to Section 200 of the Town Law of the State of New York for the improvement of highways in said Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by y"esident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of Twenty- Five Thousand Dollars ($25,000.00), it is pursuant to the provisions of said Section 200 of the Town Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993, at 4:30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons interestecl in the subject thereof concerning the same. ... . . At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of June, 1993. PRESENT: Scott L. Harris, Supervisor Raymond W. Edwards, Town Justice George L. PE!nny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilman Alice J. Hus!;ie, Councilwoman Members of the Town Board ----.----------------------------------------------- I n the Matter of Order for Meeting to Consider Petition for Street Improvements The petition of the owners of more than one- half of the real property fronting on Albacore Drive, Blue Marlin Drive and Dolphin Drive for the improvement of said roads. -----.---------------------------------------------- WHEREAS, a written petition, dated July 20, 1992, was heretofore duly filed with this board pursuolnt to Section 200 of the Town Law of the State of New York for the improvement of highways in said town known as Albacore DrivE!, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on 01 certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners olf real property owning at least one-half of the ... ,~ . . entir-e frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be reco,-ded; and whereas the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of Twenty-Five Thousand Dollars ($25,000.00). it is pursuant to the provisions of said Section 200 of the Town Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the }3th day of July , 1993 at 4:30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same. Town Board of the Town of Southold Suffolk County, New York -, /. V /,' /.iL' i /~,~,I '~/I'~ ,'.;L.,~.'_'~ Scott L. Hafris, Supervisor ~~ Raymond W. Edwar: ,Town Justice ~ ~ .---......, ~" an Wickham, Councilman VLl...;z-" -- _ Alice J. Huss'e, Councilwoman -2- . . HARVEY A. ARNOFF Town Attorney !C"'~;"; '~; '" ~ t~. ,""...~ ;- ~ ".'.,....- +/', , .... ...,-,'. i SCOlT L. HARRIS Supervisor MAlTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Towo Hall, 53095 Main Road P.O. Box 1179 SOlJlhold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 8, 1993 Mr. Donald M. Bayles 785 Albacore Drive P,O. Box 396 Southold, NY 11971 Re: Petition for Southord Shores Road District Dear Mr. Bayles: Enclosed please find a copy of Mr. Crawford's letter to me of June 3, 1993 regarding the above--captioned matter, As you will see, Mr. Crawford has allayed my concerns that the subject Petition was verified improperly. Consequently, the Town is now in a position to consider this Petition. By copy of this letter to Ms. Terry, I am requesting that this matter be placed on the Town Board agenda for June 15, 1993 for discussion and possible resolution. A copy of the proposed resolution is enclosed herewith. Should you have any questions, please feel free to call me. Very truly yours, .' /~~;~.f'h IO.ssistant Town Attorney ,~ MG K : cc cc: Supervisor Scott L. Harris Judith T. Terry, Town Clerk / Raymond L. Jacobs, Superintendent of Highways Enclosures . . . 'i. JL~RE"Y H..~J3EF: ::.~':"':P::;",,"e .'J:r,'c';:r ;' T,--:c,,-'..:-{;!"r ~-; ~- ,- ---~ (~,' ~:c";,,':r;-:I .~ ./ ~~~~~' L. :; ~~ ~6TflE "_ iJ.f.":':/"~:'_ ' ~, A ~r1()n-~ K(~N i)<~ 'I'O'f.7IN'~ .. ~!...);:;\j\j Ib.'1.>:l"!:7,'l \Y..;:~ ~y u ~~....~1t~ :>~ -"\' S1':'h-mc9l<~N};,w ~OR.K t.. '-~ x...... 146 St-ate StrJ:>et AJb.9.-ilY, N. Y. 1~207 A. KEVrs caAWFORD C<1U~ Tdephone Are."!. Code .j IS - 465-7931 F,:u:#5~';- 'l6;).'();2~ June 3, lCJ9:! Mat:thew G. Kiernan, Assistant Town J!.ttorney To.m of Southo1d Town HaLL, 53095 Main Road P..O. Box: 1.179 SOvthold, Nnw York 11961 DeBr Attorney Kiernan: '['hi s J.ett8r j-~ iJl r(~s&onse to yeu:?:' i nq-l..-1.irx'" Or f"1arch J.6; 1993 i ; n which Y()ll inquired i;:.S to the v2'LLi..di ty ()f cf~r.tain sigll~~tures on ar-etit-iunfor tht= cre~'ltion of 5- road i..rrlprOV~~ll..lent district:. Specifically, you ~sked m;~ni I'lg of TC:,.yll Law, '9200 ( 6 ) !:)Dti t,1.cn.$ ~nUSL be .. ucv,..J:'i.oi1"ll;:~dged deed to bA recorded.." our OpirLion regarding the exact: language whi.ch requi res tha t all ~~r prOVed in the same ffiaLl..i!e.r- as a You mast T"E'fer to ;?rov-2sions ,-...f tb.e Real Property Law ~n order to a~ce.t:"t:ain how <:t d~8.cl must oe ackn':;;,,'J~~dged ("Jr prOV-;211.. PurS"uant to ''3sct:!..o:n 298 of t..~e Re.s.l Pror::~.~~rt'"y L-1.w, a COnveyili"lce of real prn-pcrty ;r~ust be aCkI10wledged or provi?d by either: (a) ;'i JUStice of the sup:c~.m~ court; (b) ~'l ufficial e:;.{arIliI1e.:t' ot titJ_e,; (0) an cff_i_Cj_dJ_ .cef~I:ee: or Cd) a notary publ_i~-;. Tha just recited section doe:=: net mean.. hG\'..;ev~r, t...h2 t t-he ~~tn~lg of t:he f?xecution of a r....cJ-+-:+.i,~\T, v...l''''.'s1''''--r1t- +-0 r,1r,......... T,~W .c:200 could fl--t be llJ>dE' by some J,;..""_.....-'--....'......"-~ i:--'.......... cA'---_.." L.. .J......\#~-'- -- , ;::" _ _-'"'-..J ~_ .. per:::O!"l otJ.~-L~r t,hr.:;_.D: t"J-lo~e'_ Jisted in sectiQ!'l 298.. 'I'here 2:C~ ~ssE.r:t.L;;!lly tt.JO scenar.ios whereby a p~tit:ion can be properly eXt~cHtl;:~~d. Tht:: fir:;;t is that tl.l~: property owner SigniJ1g the petit ion mFl.-kE:!$ tt;c~ T:cqtlired acknot-rledgement bl~fore an ind~.~\.-'id;~!al ;.....110 q~t(}lifies 2S '"3. mE::!"llber of one of thl? fC.UT c!_asses of I" . d' . " """ ,". "el l" 'b- 1.S l:e 2.i1 ~:;(-~C :':L(",!l .;.; H.L f-~_L --:>~rl.i.c:'t~"'l y,:~ .1.g~ ..!.e pror;:.el"ty tY";Tlers ma~"" E':.igtl t:h~~ pc-:.:i ti..on be.:t:"(_-__u-.~e a wi. trJes~ and Lhi:..;ll the prout' Of that: wi tT1C~3 r:iu:.=.;t be iU.3.de befCJ.cc~ O:1e o;..;ho qUolii'i.es among the four classes () r iE~.l3_71.duals .l is-ted in section 298.. See RGdl Prope~J Lem, ~5i29;;>, 303 and 30,1. . . . From a T0"...-iet-l of the m~terial you submi t"-ted 'with your c()rre,::;pCind~"1<:;e, 1 t would 2ppear that Y0U have pc:ti-i:iOTl signatures w~ll ~-:h. f2.ll i_ni~o beth of thE2 L~a. tegories just describt~d.. Thus, if there aJ:t:; -'c,he r~quisi i:e number of sigrlaC-u.l.~eS as "l:eqlLLredl by section 200 of rl'(i~",'Ti L.:.w (i _ e~.. C~I!lerS of rea.l estatl..~ totaling at least one hctlE Of the ei--l'tire front,~lge)T then I i.>.~ould ccnclude: thEiL you have a valid petition. Mat-l, T hcpe th(~ f~!"closed is of 3~sistance to ~lCU and the 'fc>wn. If there are fl1rthe:r' q'Jest:i..Cr.s on this or otheJ: matters, pl.c~ase do r"l{)f: hesi -!:atj~ t:n w-ri'ce or cell.. AKC: j g cc: Scott r... Harris, Supervisor Town of SouLhold , /\ ; v~ry. /t;ruly 70J'~IJ' ' / / /~ I !,~ ~i~ j[J./~.. A.v"KEVIN <tRA~ll"()fm I' Counsel II I . . HARVEY A. ARNOFF Town AUorney r-\I::r[u " ,'; <",'; ,",-.', " '"-/j r; .<(.... ';"', C?~. . ,'-' ,t,. (/., '...;,; '; ,/' _! ~;J.... 5.",... J~.":'.'.~:!: :--C. Ch. ~... . .~.' '.\ , - ' \.-;;:., '--. '-'4 ;;;', t'~., 0;,... 't.-~ ':; , 1;;,. '.,"~-'- ,r;:~; . .. ":< ;" - ....'l~ , SCOlT L. HARRIS Supervisor MAlTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765- I 823 Telephone (516) 765-1800 May 21, 1993 Kevin Crawford, Esq, Association of Towns 146 State Street Albany, NY 12207 Dear Mr. 1/. ,~~: Petition for Southold Shores Road District C~ord : matter. am writing to you again with regard to the above-referenced I realize that you are extremely busy but the residents of Southold Shores are anxious to move ahead with the dedication procedure, If you are able to review this matter in the near future, all concerned will be greatly appn,ciative. Should you have any questions, please feel free to contact me, Very truly yours, M~ ~.'n.n, Assistant Town Attorney MCK:cc bee: Judith T. Terry, Town Clerk . . .;.,11;"0 HARVEY A. ARNOFF Town Attorney o , O. .t..~. ::~\ . ;-;.<,~ :-- .l.. J;\' ;'5 .~. .J>' " "~ ~-:;,"" if ~ j SCOTf L. HARRIS Supervisor MATfHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 16, 1993 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Kevin Crawford, Esq. Association of Towns 1116 State Street Albany, NY 12207 Re: Petition for Southold Shores Road District Dear Mr. Crawford: The Town of Southold has been presented with a petition to create a road improvement district by a group of its residents who reside in a subdivision known as "Southold Shores". A copy of the petition is enclosed herewith. The Town is concerned that the proper procedures in addressing this petition and forming the road district be strictly followed, In discussions with the Town Clerk, we felt that the manner in which several of the signatures were verified may be improper. We are aware that the Town Law Manual, published by the Association of Town, instructs that "All petitions must be acknowledged or proved in the same manner as a deed to be recorded. Could we have your advice on this matter? questions, please feel free to call. Should you have any Very ew G. Kiernan tant Town Attorney MGK:rnls Enclos,ure cc: Scott L. Harris, Supervisor Judith T. Terry, Town Clerk . . SCOTT L. HARRIS SUPERVISOR . o\\HOL<- ~'" 'i c; . '. ~~.. ,,"" (>, L~'<'" ,<:. ,_ c;;;"" ~ ,... . ';..\ :::.. ;. j i'~~ ....~J ~ ~ '.;\ _ - l:t~~;_~:- I~ ~l ....::.,~ tt;);J, ...' ~.. ,,( "!3;.\t' ". ~{".- , ':'"......-.. .".<$:':~- ~ s. lV.' , . Town Hall, 53095 Main Road P.O. Box] ]79 Southold. New York 11971 FAX (516) 765 - 1823 TELEPHONE 151\) 765 - IHIJO OFF'ICE OF THE SUPERVISOR TOWN OF SOUTHOLD February 11, 1993 To: Scott L, Harris Supervisor @ Matthew G, Kiernan ~ Assistant Town Attorney rZ From: Re: Petition for Southold Shores Road District In response to your memo of February 8, 1993, I received the petition in July and reviewed it preliminarily at that time, It looked acceptable except for the fact that several of the signatures and the manner in which they were verified appeared improper. At the very least, it appeared, from my review at that time, that the manner in which several of the signatures in the petition were verified was not in accordance with the sample petition previously provided to Mr, Bayles (and other road district applicants), I confirmed my suspicions with Judy Terry and discussed the potential problem with Mr, Bayles on at least one occasion, Subsequently, Ms, Terry and I discussed the possibility of contacting the Association of Towns to determine whether the petition was acceptable in the form submitted, Both Ms. Terry and I were concerned that the petition be given tlVery consideration, since it was apparent to us that Mr. Bayles had put in a great deal of time preparing this document. At the same time, however, we were equally concerned that Town procedures be strictly followed. Since those preliminary discussions, I am afraid to say that not much has happened. Mr. Bayles has been extremely patient; he and I have spoken briefly a few times over the past months and I had promised him that I would give it my attention. As of now, I have not thoroughly reviewed the petition, nor have I yet consulted with the Association of Towns. May I suggest that you respond to Mr. Bayles and advise him that I will make this a priority item. Perhaps we will be in a position to present this to the its February 23rd meeting, or its subsequent meeting. anything further, please contact me. / cc: Judith Terry, Town Clerk ,., Town Board at If you request . . P.O. Box 396 Southold, NY 11971 July 27, 1992 Mr. Scott Harris, Supervisor Town of Southold Southold. NY Dear Supervisor Harris: Enclosed is a petition to the Town Board that I have been several months in preparing, The objective of this petition is to have the maintenance of certain roads in Southold Shores taken over by the Town Highway Department. In an attempt to determine the proper procedure I consulted with Matthew Kiernan in December of last year and was furnished with information regarding a similar case (West Creek Estates). I asked Ray Jacobs for a rough cost estimate of necesasary improvements to all the roads in Southold Shores and in January he furnished me with the requested information. I sent a letter to all lot owners with information relative to this matter in order to determine if there was a sufficient number in favor to warrant proceeding, The response from lot owners on Albacore, Dolphin and Blue Marlin Drives was overwelmingly in favor, However, out of 16 lots on Tarpon Drive only 3 were in favor. I also discovered that the owner of lot # 51 on Tarpon Drive had a valid claim for a portion of the road abutting that lot due to an apparent slipup in the original deed from the developer. About 2/3 of the lot owners belong to the Southold Shores Association Inc. which has owned, maintained and paid taxes on all four of these roads since 1980 and would like to turn them over to the Town. Although this does not seem possible with respect to Tarpon Drive lot owners representing 75 % of the total frontage on the other 3 roads have signed the petition. With respect to assessment the 3 roads are considered as one item and Tarpon Drive as another item. Incidentally, it seems unfair that our association has to pay property taxes on these roads in addition to the cost of maintaining them. At a duly called meeting of the Southold Shores Association Inc. on May 30 of this year the members present voted unanimously to proceed with this matter with the president and vice-president being authorized to act on behalf of the association, A copy of the minutes containing said resolution is enclosed. I have spent a considerable amount of time in attempting to determine the feelings of the lot owners in Southold Shores and the proper procedure to follow, Therefore I hope that this matter will move ahead smoothly, If there is anything at all that I can do please contact me (765-1896) and I will be glad to help. I feel that these roads should have been improved and taken over by the Town in 1963 when the subdivision map was filed and before the developer was allowed to sell his first lot. ~ truly yours, L/<'Jv Donald M. Bayles 1 I' '. , . ./ to' , . . . TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD OF THE COUNTY OF SUFFOLK, STATE OF NEW YORK PETITION FOR STREET IMPROVEMENT ALBACORE DRIVE, BLUE MARLIN DRIVE AND DOLPHIN DRIVE WE. the undersigned, being the owners of real estate fronting or abutting upon either side of private roads in the Town of Southold known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, as shown on a certain map entitled "Map of Southold Shores" and filed in the office of the Clerk of the County of Suffolk on August 29, 1963, as Map No. 3853, hereby request, pursuant to Section 200 of the Town Law of the State of New York, that the Southold Town Board have improvements made to the aforesaid roads in accordance with the specifications and requirements of the Highway Department of the Town of Southold. A pavement has been heretofore constructed on the above described private roads. This proposed improvement is deemed to be in the public interest. The maximum amount proposed for the improvement aforesaid to be expended is the sum of Twenty Five Thousand ($ 25,000.00) Dollars. It is proposed that the expense of making such improvements shall be borne by local assessments upon the several lots and parcels of land especially benefited thereby on an equal basis per lot. The undersigned constitute owners of real estate to the extent of at least one-half (1/2) of the entire frontage on both sides of the private roads covered by this petition and also constitute resident owners owning at least one..half (1/2) of the entire frontage owned by resident owners residing in or along the private road represented by this petition. The entire frontage or bounds on both sides of the above described private roads is 5801 feet. The frontage owned by all resident owners residing along the above described private roads is 1811 feet. 1 . . All of the peti tioners are owners of real estate fronting or abutting upon either side of the private roads above described, including owners residing along said private roads, whose property fronts or abuts said private roads to the extent respectively set out next to the names of the petitioners as follows: Names and addresses of non- resident petitioners owning property fronting upon above private roads to be improved Lot # Frontage owned (ft.) Randolph & Mary Schreyer 1 Wi Hon Court Great River. NY 2 100 Robert Kirkwood 91 Washington Ave. Pleasantville. NY 6 100 Louis Ramunni 691 Walt Whitman Rd. Melville, NY 7 100 Frank & Rosemary Monteleone 15 Oak Lane Old Brookville, NY 9 100 Minoo Zadeh 11 Sound Bay Dr. Lloyd Harbor, NY 11 110 Barbara Burke 148 Brompton Rd. Garden City, NY 12 110 Anna Pacifico 90 Broadway Garden City, NY 13 160 Gabriel Pica & Louise Krauss 332 E. Jericho Turnpike Huntington Sta., NY 15 125 Darinko & Marija Mrvica 16-03. 150th Street Whitestone. NY 16 120 2 . . PETITION FOR IMPROVEMENT OF ALBACORE OR., DOLPHIN OR. & BLUE MARLIN OR. Names and addresses of non- resident petitioners owning property fronting upon above private roads to be improved Lot # Frontage owned (ft.) John & Susan Hassel 37 Huron Road Floral Park. NY 17 120 Aldo & Olga Blaskovic 29-29, 169th Street Flushing, NY 22 129 Stephen & Mildred Berger 80-02 Little Neck Parkway Floral Park 24 255 Michael & Carol Lee Levison P.O. Box 1038 Marco Island. FL 33 164 Andrew & Lucy Bartilucci 115 Roosevelt St. Garden City, NY 53 150 Southold Shores Association 52 & park 730 Harold Reese 855 Sunrise Highway Lynbrook, NY 28 115 Frederick Reese 410 Jericho Turnpike Mineola. NY 26 115 Harold & Frederick Reese 855 Sunrise Highway Lynbrook. NY 14,25,27,29 487 3 . . '. PETITION FOR IMPROVEMENT OF ALBACORE DR., DOLPHIN DR. & BLUE MARLIN DR. Names resident property roads to and addresses of petitioners owning fronting on private be improved. Clifford and Eunice Benfield 50 Blue Marlin Drive Lot # Frontage owned (ft.) 1 107 3 100 4 100 5 100 8 100 10 110 18 321 Howard (Sr.) & Janet Malone 250 Blue Marlin Drive Gertrude Davis 350 Blue Marlin Drive Warren & Anne Donnelly 450 Blue Marlin Drive Grace Lundberg 750 Blue Marlin Drive Helen Matthesen Blue Marlin Drive Trudi Nesbitt Blue Marlin Drive (and non-resident co-owner Elizabeth Krumenacker Boynton Beach, Florida) Howard (Jr.) & Kathleen Malone 235 Dolphin Drive 19 393 Carl & Marjorie Christianson Blue Marlin Dr. 23 130 Barry & Linda Improte Albacore Dr. 30 110 Donald & Virginia Bayles Albacore Dr. 31 & 32 240 Dated: Southold, New York, t,J,'./J ZtO, ,1992 4 . . PETITION FOR IMPROVEMENT OF ALBACORE DR.. DOLPHIN DR. & BLUE MARLIN DR. Randolph Schreyer Minoo Zadeh Robert Kirkwood Louis Ramunni M Barbara Burk Gabriel Pica Louise Krauss Darinilro Mrvica Marija Mrvica John Hassel Susan Hassel "'0 ""'OOi'~~ ~~~<C--- Olga Blaskovic ~ Stephen Berger Mildred Berger Michael Levison Carol Lee Levison Jt-h~[J;.~;;;: t4-o.-!Jl-cJ..L Andrew Bartilucci Lucy Bartil ucci Harold Reese Frederick Reese Clifford Benfield Eunice Benfield Howard Malone Janet Malone Gertrude Davis Warren Donnelly 5 . . PETITION FOR IMPROVEMENT OF ALBACORE DR., DOLPHIN DR. & BLUE MARLIN DR. Ann!l. Donne 11 y All above signatures G\ /'l k/ in the presence of .;)~ 1r?L ?I'~ Grace Lundberg Helen Trudi Howard Malone Jr. Kathleen Malone Carl Christianson Barry lmprote Linda Improte VirginiaDBayles STATE OF NEW YORK COUNTY OF SUFFOLK On the .J.1Mday of ~ 1992, before me personally came Donald M. Bayles, a subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me being duly sworn, did depose and say that he resides at 785 Albacore Drive, Southold, New York; that he knows each of the individuals whose signatures appear above to be the individuals described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw them execute the same and that he, said witness, subscribed his name as witness t(1eto~/~ ~arY Public _~~~LOlIW - ....",....Vort o ... ","- ~CIunty q ') . . ....I'r .L."1'~ 6 . . ?ETITION FOR IMPROVEMENT OF i\iHACORE DRIVE, BLUE MARLIN DRIVE. & DOLPHIN Dill'" We, i1UNALD BAYLES & WILLARD BARRY, being presiden1 ,,,,d vice- Dri~~jd('n1 r't~::;pf:ct iVf'lv of Southold Shorf:~s Association Inc. ~,(I id "ssocjatjon tJ(':_jL~- uwner (If Lot ;:,:? and the "park" ;-)s shown on the map of SOllthlJld Shores and i ist(~d ,tS d ppj i tioneI' on the foregoing instrument. respC'1 <flLi lv request nn :)l~hd 1 r of Southo Id Shores i\ssociation Inc. that the Soul'lOld Town Hoard tl<-t\'l inl~)f.oVelTlf'llts m;;llh~ to the above privatl~ roads as descriherl f ~lf'r'j' J_n /- ;, i /' I L ,,' i 7t~? LC'~ ~- :/] r(j LI'L--- . - -' " /' ~~t;:JilLQ~'J STATL' OF :JEW YOJ~K C:()UNTV (If SI]FFOLK On -JJ l}-t-- this i~_ day of -'T CJ/C-I - I me known to 1992. befon~ mf' ilersonally came DONALD Bi\YLES & WILLARD BARRY, to he indi v iduc:i: s l'l;li~') executed thp f()reg()in~~ instrument on behalf of Southald Shores Associat iOIl. lnc.. and dckrlow]p(fgl'd l~h~t they executed the same. (. "- I.i ---I--'c.~. / . ....,,- -' /' ~j (tVV" C _ lc,J Notar" Puh Ie CI..AIIIE L. OlEW Nol8ry PIIbIIQ. SUIte of New York No. 4879505 Qualified In Suffolk County 9 ') Co,m.llaslon Expires December" Ilk- . . PETITION FOR IMPROVEMENT OF ALBACORE DRIVE, BLUE MARLIN DRIVE, & DOLPHIN DRIVE We. RANDOLPH SCHREYER & MARY SCHREYER, being petitioners whose names appear on the foregoing instrument, respectfully request that the to the above private roads as 0Jra; ~ L,,~ --/ t J r /' STATE OF NEW YORK COUNTY OF SUFFOLK On this JL day of 5J S 1992, before me personally RANDOLPH SCHREYER & MARY SCHREYER, to me known to be individuals came described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public ~;EM t ....,Ftb. 28, "fJ J . . PETITION FOR IMPROVEMENT OF ALBACORE DRIVE, BLUE MARLIN DRIVE, & DOLPHIN DRIVE We. STEPHEN BERGER & MILDRED BERGER. being petitioners whose names appear on the foregoing instrument. respectfully request that the Southold Town Board have improvements made to the above private roads as ,.~:'"~ fJ~ (jlE~~ STATE OF NEW YORK COUNTY OF SUFFOLK tiiUQAn5> ,On this II day of :J ul~ 1992, before me personally came STEPHEN BERGER & MILDRED BERGER. to me known to be individuals described in and who executed the foregoing instrument. and acknowledged that they executed the same. htpn'aw uCJJfliJ Notary Public "!~tll,~1 'tl\t.':;"1) NOTt::"/ h;:::J~~/?~ ~- ~./3._i : ''"::.' '.':jr:t Tcr;~ii'~ n\L:;:..;~~~ ~\9:J q.3 . . PETl1'IaK FOR IMPROVEMEK1' or \LBACORE DRlVE. BLUE MARLlN DRlVE. & DOLPHlN DRIVE We. MICHAEL LEVlSOK & CAROL LEE LEVlSOt(. bell'?"'l iUoDPrs i'lihO~';f' ildlTlr:S ilppear on the foregoing instrument, respectfull\,' i'l'qlWS \ that the Sou' ho: d TUWll Hoard have improvement.s made to tfIi-' abovt~ pl' j va t j' i'oads as .lescrihed theI'E'j_n. /1 I I ..-7 ' / /:?:C,;~l~::f:t!r.--r ..k~.t.~..~:::,;J.("''1 /,..,-,-~_.~--,---_.._------ ( , (, [l{ clCJj 'n I _~..lLl~i:l' STATE UE FLOr< IlJA COCK1'Y OF (;,QL1.J.if... W\_ (in this -L..L- "'j",' M I CIIAFL LEV! sot( & CAllOL LEE of , :i\\\~\ LEVlSOK. to 1992. beforf' me iH~rsona.lly 'ldividuals day me known to flf' (jps("['ibed in dod who executed the foregoing instrument. and dcknowledged that tlie\ exC'('ut,~d the samE:. (\ II( . '\' , Iu. IJ.~ No Ll Y r0C_~.\ill\ L lll' PubJ i NOTARY PUBLIC, STATE OF FLO~IDA.. MY COMMISSION EXPIRES; SEPT. 25. 1994. HONDEO THRU NOTARY" PUElLIC UND~RWRlTEf\!i" IWHlFICATiON PRQYUliD!\(\ \1\\,'\fl\i. ,4('((1^1 (~~D~~)nT\!\E Ar~ OATH . . PETITION FOR IMPROVEMENT or \LBACORE DRIVE, BLUE MARLIN DRIVE, & DOf,PHIN DRIVE 1'1. i ZABETH G, KRUMENACKER, be j UR DPt j t j 'i")~': "",hose name dp[lI'(H'~~ Ji; c~lw fnrevoing instrument. respectfllllv rf~quest tL.lt rhr- Southold TUWI, B'ld ;-.' [t,d\'f' improvements made to the above private rOad~., ,t~~ described r hel f' i Ii 1= \ I ZG.-he+ ~ (. 't<Vl, (\'-l(~r>,Cl<~ Kt'-e ~~"""~1"/ k 0%, .3,:)~, \(c S'L!.7 Flurtc \Q STATE OF ?JEll: ':mU{ COCNTV OF 30, Ff'OkK..- . HJ,TC\ ~l~Ch Cin this. -1--- day of ,,1) \i.J 1992. before mt' iJf~rsonally came rl.I ZABETfI C, KfWMENACKER, to me ~, an indi.vidu,,: descrIbed In ;ll]cl Wh{l execlJted the foregoing instrumeIlt. and acknowledged thiil stlf' executed t h(-~ Sal1if' t!c,~ 0 . ,'J , " ~ d (f " 'I ~ / ) ,/ ~~;e't., rf'l ""! "",;",.. :993 '.i ';'..~ ,;,<.;" . . PETITION FOR IMPROVEMENT OF ALBACORE DRIVE. BLUE MARLIN DRIVE. & DOLPHIN DRIVE We. JOHN HASSELL & SUSAN HASSELL. being petitioners whose names appear on the foregoing instrument, respectfully request that the Southold Town Board have improvements made to the above private roads as described therein. ~~#~ ,II STATE OF NEW YORK COUNTY OF SUFFOLK On this L/~ day of ilaEJ(J,.;\ 1992, before me personally came JOHN HASSELL & SUSAN HASSELL. to me known to be individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. tf;r'^- MrHLEEN A. Gl.&ASON ~ PublIc..... gf New 'llDItI No. 4874881 9 CcH.~~~=1LJ.z... . . PETITION FOR IMPROVEMENT OF ALBACORE DRIVE, BLUE MARLIN DRIVE, & DOLPHIN DRIVE , ,v: I, ANNNA PACIFICO, being a peti tioner whose name appears on the foregoing instrument, respectfully request that the Southold Town Board have improvements made to the above private roads as described therein. I~~~ STATE OF NEW YORK COUNTY OF 9ijFf8~K N,l/SS-VY On this /~ay Of~Y 1992, before me personally described in and who ed the came ANNA PACIFICO, to me known to be executed the foregoing instrument, and same, c- MARIO MALERBA NollIry Public - SIal. of N_ York No. 41-2487020 Qualified in Queena County Comm_on Expires Z, - ZI? - <J S- 7 . . SOUTH OLD SHORES ASSOCIATION Minutes May 30, 1992 Officers: Donald Bayles Bill Barry Carl Christianson Bob Bracken President Vice President Treasurer Secretary Residents M. Schreyer H. and J. Malone A. Blaskovic D. Mrvica H. and W. Matthesen Board of Directors: Bill Barry Bob Bracken Don Bayles Randy Schreyer George Starkie D. Bayles M. Christianson M. Malerba A. Donnelly B. Burke G. and R. Lundberg The meeting was called to order at 1 :05 PM. The minutes of the October 19, 1991 meeting were read and approved following a motion by H. Malone and seconded by D. Bayles. Treasurer's Report: Carl presented a report covering the period from September 30, 1991 to May 30, 1992 and approved following a motion to approve by H. Malone and seconded by D. Bayles. President's Report: A brief review of the actions taken following the Oct. 19, 1 '991 meeting: -letters WElre sent to the town building inspector -the barn and bulldozer at 350 Marlin were removed -equipment is still being removed from Tarpon Dr. lots Roads Don Bayles provided a summary of the invetigation he had made into conveying the roads owned by the Association over to the Town of Southold. He met with Assistant Town Attorney Matt Kearnen at the start to find out the process for this transfer of property. On March 1, 1992 a letter was sent to the Assoc:. members informing them of this study. The requirements that must be met to make the sale to the town possible are as follows: 1. owners of property abutting the sides of the street or private road sign a petition to have the roads become public 2. resident owners siglning the petition must control more than half the total frontage abutting the roads . . There are 5, 842 ft. of frontage along Albacore, Blue Marlin, and Dolphin and Tarpon drives. So far those responding to the petition include 4,000 ft. of frontage (25 lots in favor, 12 against with 6 of the 12 belonging to Mr. Reese). Tarpon Dr. would not be included because of lack of interest by a majority of the homeowners along that road. Don has worded a petition and taken it to an attorney to see if the wording and the form are correct. Once it is approved Don will do the footwork to get the signatures. The proposed wording was read to the membership. Don read from a letter from the highway engineer who examined the Assoc. roads to Ray Jacobs, Town Highway Superintendent, which outlined the town's requirements for road conversion (24' width, shoulder free of obstruction, a 44' cui de sac for emergency vehicles, drainage leaching pool, signs). The initial costs to the owners of the 36 lots along Albacore, Blue Marlin, and Dolphin would be approximately $669. per lot spread over a five year period to pay for a town highway improvement bond to bring the roads up to town standards. At the end of the five years there would be a much lower road tax paid as part of each lot owner's tax bill. It was pointed out that once the road is a part of the tax bill that amount becomes part of an individual's tax deduction, the additional $200. the town charges the Assoc. as a road tax would end, and the possibility of getting mailbox delivery would increase. Since Tarpon Dr. was not included in the conversion, there were questions about the Associations continued financial involvement in that road The Assoc. still owns the road and is responsible for it. Since the repaving of Tarpon in 1987 was a quality job, there have been no addiiional maintenance expenses. The road dues collected from the lot owners on Tarpon may be enough to provide for the needs of that road. If an emergency occurs, the Assoc. would have to respond. Don Bayles was authorized to continue on with the development of a petition in a motion made by Carl Christianson and seconded by Randy Schreyer. A deed will have to be drawn up to effect the sale. Don Bayles proposed that the President and Vice President be authorized to sign a deed to transfer ownership. A motion to that effect was made by H. Malone and seconded by Warren Matthesen. . . .' . The following related resolutions were passed unanimously by the members present: Resolved that the Pr,esident and Vice-President of the Association are authorized to sign a petition to the Town of Southold for improvement of Albacore Drive, Dolphin Drive and Blue Marlin Drive with respect to property fronting on these roads owned by the Association and further '. Resolved that the above officers of the Association and other officers and directors are authorized to sign a deed or other documents as may be required to transfer ownership of Albacore Drive, Dolphin Drive and Blue Marlin Drive to the Town of SOlJthold. Beach Lot -report that during the winter work was done on the inlet bulkhead by the marina owners using the Assoc. beach for the location of the crane -Howard Z. came over to review the plans with D. Bayles; material was dredged and placed on the beach area; Latham smoothed the beach area after the work on the channel was completed -a beach pathway was discussed; it was recommended that this be postponed until final disposition of the roads took place Park Lot - mowing of the lot was discussed - H. Malone moved for a $300. allotment for the season, seconded by B. Burke and approved. - Following the vote some discussion of raising the fee took place. Association Dues Since the dues have remained the same since 1986 and no longer can cover the expenses of insurance and lot maintenance, the following motion occurred: H. Malone moved the dues be raised from $50. to $75. beginning October 1, 1992. This was seconded by Doris Bayles. Members unanimously approved. Next Meeting of the Association was set for Saturday, September 19, 199~! at 10:30 AM. Meeting was adjourned with a motion by Doris Bayles and seconded by Randy Schreyer and approved by the members present. Respectfully submitted, /f"M~ /~ Robert Bracken, secretary .J . , .' . - ---,--~-~~-----~_.__.__ ~----=-...."........,"t"-=--- -- --- - ---. . -_. --.- -- -~---.- .;\" / I f t ;' j ~ ~' '. ". '>- " " f,' " .. , " ..~.5-- ("'-';", _3:';.---;" Q . /5 ~ ! {l I " ~ ~ "- 53 tl 1 . ~ .. , 1 i ~ , , . ~ , ; ~ ;;. . . . \ .' , , . -- ,#'1.7. 16 ~ -. 7 ,~~~ ',O"E ~ :~" ~I.... . 17 I> . ~~'.' .. ~ , , "'To f' 18 r l' ~ I ( ~: ~. ~~__.:, _ 1> ;.,. o I"'" >,'~~ .:':!;~',..~~ 01( ;). ,I' 'J:;;-/'r.' Cl 4 ..!, ~ 2 ;/:: ~~ ?1" 23 ~I'~ z, ~\ .. !II , -, .~.- ..~ PARK ~ '." r ~ " r/' .Ii ":Ie, " !' " { , ~~ ?/ 0 ... I.a_. D A I V E: : 'D".,,~ 8 ' J:. V-~~O~" ....... .~.... 'r-"",. \; .. .~ 2"".' / l f ~: 2 , -~'~<I! c ::-- R,LIN '. M' A ..'~ I" 3 I I ! 11 ~N I; 5 ::, I ....;: r.. ~.~ ----'I..) i ~l .~,., ._'';:-'.:~...r r (i ........... ! ~. .. ",., I ".. ,. '.'.- ,'C.:> I I<lD_'" ... 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".'(4- /'-fKC-r-J ..:5"7 ACRE.S ... .. _ _ .sc~~~ ~': f,:.~~~ -~.~ .- MAP OF' SOUTHOLD SHORES AT ARSHAMOMAQUE TOVVN .O~ SOUTHOLD SUFFOLK COUNTY N E:: VV YOPI" .- Jt._ oJ._ '.0 OWNED AIVO DEVELCJF'ED BY HAROLD AND FFi'EDERICK REESE ~/O JE:RIC:HO TURNPIKE MINEOLAy N_ Y APPROveD Aue', 1..,-.19("3 SOUTHOLD fOVl1\f A.ANNIM:J bOARD .s"....;#I' j...l~ L..o---'l.....-"'---<L..~_ Q,I-IAIR/'r'1AN . .r~"': _....F " t _Li.' L."....,~,.. ~ w"" h#r'b.1' c.,.r,!y liT,,! Ih,s n103.r......~$ _,d'~ /n.1T1 p(:I'UQ/ ~urvC'y.> cp,,:,;:,/e:ft."d tAlly "-, 1!J6..J Qnd t'hdl',nQ"'H7,enfsh(7ve: /Ie.,., $f/f'p/" poln!"s- shewn fh"5: Q Orro \o'l,(': VA,.... fVY"- <\ SON ~.V~<',>Q Lic_n.seel l~nd'3;v""""''''/<C>''''_5 ~ Gre""'po,-t, H. y j ~.-1 - ~if~~~;~~?;~, ,i i -," " "11 . '~U~,:.:,,;J I.'!-~I ~ 1 L~>~ Ii 7!_~~;;~::::'.~,~~ ,1_; -'Y/"c.d We//- w~- ~.:sh.J/&..... P",,<:.,I For-.!r.......-.,/.:5j._~,.,.. - ,'_,"I.' n C) nCIJl . _ U_. r:, . J ('\,q (1 _ V '-../ '..j '1'''" .,,- /l 3 R ~3 n.!;~\~iS~' i-l ~ ~ 1:--/' .. ;;j- 8 t:) 1-'., ,.. ,~".JII'n. ~ ,,':..0, .-,'~ .- ,- -'- ("C~ ~ -t.J ld ..,-.--:-c~-c~::- . ..:~:...<.:r //;--'-... _~ .,. :~g~ '. I.' ""JX>' ~ 1-< c Y ,">-1...,r_ // /;Y~ .\~\ .!f'....,.,. ~C.-<, ~ /_. \\ (::~ .v' ~//Q1 J f#'Y '/J' __J1 " / /, .....~ - .' I I,.: J;" . "-I- """.... III /<:. ~ "::'o"::~ .-/ ,,-" ,,............-, '\' """-, Ar...~~-.;--,-".U" '1 _.JV --y{/ r \. (-- . 1~-' - "'01'/\ c/ . ....~~n\ ~J<JL;_ c:C"",;o -_ .It F__c>"f f :.-:: ~i =_---1'- W"'~cm, I \ \t;"'j 1-&" L.. ,__',~__I - TYr,c-al Lo/'" L"YDl..lf- 7e~1 H,~/C$ _ 1",/" -~.", ~~~,; .,..',' ~ "".-. ~ -t" ~ H~.". , i,..~~. -,,,~; ,. - .'$' .,...~, ""'~="7' !,,,_J . 'V~'L' r ~~ """4" FI t ~ \J ~'Ji, ~" " /I:"L. '":l ~ '.' - ~. ~'. 01 . v.- t,;"1tl " "'; I ~ ,." - .-:-- (I I', jl..,.",. ~.!. ___7jl.-.'~,,)_ T>.,. I. '" ,." . ~) ",' hlot '.(.1, ,., ,',. , ,- !: ~~~ ,. 0.._ I> S., --"[."...~ ~_ 1"~ ,~"t"l ..",,,,-,.' h:lIHi_, ,",:1 . .'.JOy"--.\ -'.,' (""..,,,,. ",. "'" I ,~. It,,; .' I ,., .." . ':.; '.. .:,.. \! tlorl I" .-,." . .,t. '.,- 1 or Hl:' ,: 01 ",. ~~"., "^,!];'^'L-'-')~ {~ -,.., C. 0.. "' "~=~..- . . RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS JAMES A. RICHTER ENGINEERING INSPECTOR 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 765-3070 JANUARY 27, 1992 Hr. Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: Southold Shores (major subdivision) SCT~ # 1000-53-05-02 thru 08 56-07-05 thru 21 57-01-01 thru 45 Dear Mr. Jacobs: As per your reques t~. I have reviewed the files & have inspected the roads and E~xisting conditions within the above referenced subdivision. This Subdivision was granted approval by the Planning Board in a resolution that was adopted in 1963. Tjis resolution to approve the subdivision also stipulated that when & if the roads were ever to be dedicated to the Town that they must, at that time, meet the specifications of the Highway Superintendent and the Town of Southold. The following list of items should be considered the minimum amount of work required to bring the roads into compliance with Highway Specifications. 1. Concrete Survey Honuments - All concrete survey markers that outline the existing Right of Ways of all the roads in this subdivision should be located & flagged. Proposed work to be dOlle wi thin thl~se R. O. W! s will require accurate locations of property lines to verify the amount of wo]~k required. 2. Clearing & Grubbing - All Right of Ways should be cleared of all brush & overgrown vegitation. This should not include large trees or any lancscaping that may encroach into the R.O.W. The exact location and quantity of proposed clearing can not be specified until property lines have been clearly marked. 3. Road Surfacing - All road pavement shall have a minimum width of 24 feet. Road sholders should be cleared of all silt & debris that has accumulated over the years. Any road sections found to be less than 24' shall be widened. Road sections requiring additional width shall provide a 4" stone blend base and covered with a 2"- lift of asphalt. All pot holes as well as any road surface depressions that EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southolci, in the County of Suffolk, New York June 14, 1994 * * * A regular meeting of the Town Board of the Town of Sout:hold, in the County of Suffolk, New York, was held at: the Town Hall, Southold, New York, on June 14, 1994 at 4:30 o'clock P.M, (Prevailing Time). There were present: Hon. Thomas H. Wickham" Supervisor; and Councilmen: Joseph J. Lizewski Alice J. Hussie Joseph L. Townsend, Jr. Ruth D. Oliva Justice Louisa P. Evans There were absent: None. Also present: Judith T. Terry, Town Clerk Laury L. Dowd, Town Attorney * * * Supervisor Wickham offered the following resolution and moved its adoption: 72137.1 015327 PREC BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 14, 1994, AUTHORIZING THE CONSTRUCTION OF ROAD IMPROVEMENTS IN THE TOWN, APPROPRIATING $25,000 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $25,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals WHEREAS, following submission of a petition for the improvement of the Town highways in the Town of Southold, Suffolk County, New York (hereinafter referred to as the "Town"), known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, and shown and designated on a certain map entitled "Map of Southold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on Augt;.st 29, 1963, as Map number 3853, and filed in the Office of the Southold Town Clerk, using a permanent pavement on such portions of said highways as shown on said Map, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway, and after a public hearing duly called and held, the Town Board of the Town determined on October 19, 1993 that it is in the public interest to construct 72137,1 015327 PREC such improvements described in the petition, and ordered that such highways be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby authorizes the improvement of Albacore Drive, Blue Marlin Drive and Dolphin Drive, Town highways in the Town, by the paving thereof using a permanent pavement and the construction of such curbs, gutters, cal:ch basins and drainage facilities as may be necessary, all as more fully referred to in the Recitals hereof. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $25,000 and hereby appropriates said amount therefor. The plan of financing includes the issuance of $25,000 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection upon the several lots and parcels of land within the Town which the Town Board shall determine and specify to be especially benefited by said improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same, to pay the principal of said bonds and the interest thereon as the same shall become due and payable. 72137_1 015327 PREC Section 2. Serial bonds of the Town in the principal amo~nt of $25,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object or purpose for which said $25,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 20 (c) of the Law, is fifteen (151 years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Sectio~ 52.00 of the Law and said bonds and any 72137.1 015327 PREC notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual pa~nent of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (bl the payment of interest to be due and payable in suet, year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: 72137_1 015327 PREC (al such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately. * * * 72137.} 015327 PREC The adoption of the foregoing resolution was seconded by Councilwoman Hussie and duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Wickham, Counci Iman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. NOES: None. The resolution was declared adopted. ************ Councilwoman Hussie offered the following resolution and moved its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk of the Town of Southold, in the County of Suffolk, New York, is hereby directed to publish the foregoing bond resolution, in full, in "THE SUFFOLK TIMES", a newspaper published in Mattituck, New York, and in "THE TRAVELER- WATCHMAN", a newspaper published in Southold, New Yo,'k, having a general circulation within the Town and het'eby designated as the official newspapers of the Town fOl' such publication, together with the statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finan.ce Law of the State of New York. Section 2. This resolution shall take effect immediately, * * * The adoption of the foregoing resolution was seconded by _~!o!pervisor Wickham and duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. NOES: None. The resolution was declared adopted. * * * 72137.1 015327 PREe CERTIFICATE I, Judith T. Terry, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on June 14, 1994, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 14th day of June, 1994. (SEAL) ~/ / ~ ." ~gT~:;C~7:- 72137.1 015327 PREe