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Home My WebLink AboutMAIDEL, EDWARD TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, .Ir. ~-ohn B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 10, 1991 Edward Maidel 10 Koster Court Huntington Station, NY 11746 RE: Waiver request for Edward Maidel SCTM%1000-59-6-25 Dear Mr. Maidel: The following action was taken by the Board of Town Trustees during its regular meeting held on September 5, 1991: RESOLVED that the Town Trustees approve the request for a waiver to construct a fence along the west and southerly, property lines leading to and within 10' of Great Pond. Please note that permits from other agencies may be necessary, as the Trustees approval does not constitute approvals from other agencies. John M. Bredemeyer, III President, Board of Town Trustees JMB: jt cc: Bldg. Dept. Mr. Albert grupski, Chairman Board of Trustees Southold To,n Hall Main Road Southold, New York 11971 January 12, 1994 sTaNTon Dear Mr. Krupski, Congratulations on your recent appointment to Chairman. I wish you much success in this new position. As you are most likely a~are, I am involved in a bitber property dispute with my neighbor, Mrs. Arvn D'Antonio. Mrs. D'Antonio has filed an adverse possession lawsuit against me in order to try to lay claim to a rather large portion of my property in Southold, which you have visited in the past. I am not trying to involve you in this dispute (despite the fact that Mrs. D'Antonio has listed you and all other members of the Board of Trustees as witnesses rorer in this matter) but rather, want to appraise you of certain facts, and subsequently seek your professional help in laying to rest some fundamentally untrue and blatantly ~d~shone~t ~s and statements made by Mrs. Mrs. D'Antonio owns both properties i'-[~'[!~"~f~.'~i~ide of mine as the enclosed survey indicates. You will ars0 ~h6~e~t~a~ ~he survey indicates three "lines": the shore line in 1992; -~ the ~h~re l~ne in 1962 (when some of the original deed lines were drawn); and the deed line itself. As the shore of Great Pond changes most every spring and summer, I wished for an accurate depiction of precisely where the boundaries were. Unfortunately, when this survey ~ras done, the marker along the angled 25' westerly line towards Great Pond was inadvertently placed 29' rather than 25' from the point at which the property line turns. Mrs. D'Antonio ilmmediately placed her own metal stakes in the ground and tied twine around not only the stakes, but three upside-down Adirondack chairs along this border to lay claim to a border 4 feet longer than it actually was. She has gone so far as to have a permanent cement marker installed at the 29' point (in addition to the appropriate one placed for me at gte 25' point.) It is Mrs. D'Antonio's contention (and she so testified to this at her deposition last year) that as Great Pond recedes, property lines ~ and thusly increase the lengths of each of her adjoining borders and eventually deprive me of ail waterfront property. Clearly this ~s a preposterous statement and one that should be properly addressed by the appropriate individuals from the Town of Southold. 516 349-0235 lOl SUNNYSIDE BLVD. PLAINVIEW, NE~V YORK 11803 sTa on There was also an ugly incident whereby Mrs. D'Antonio reported me not only to the Trustees, but to the police as well for having cut down phragmites on "her" property late in the sunm~r of 1992. This precipitated a visit from a ~ung-ho policeman and an equally obnoxious assistant Bay Constable (Mr. Mc Carthy) whereby I was initially thought to be 9uilty as sin and treated b7 both as a criminal. Subsequently, I w~s exhonerated by beth for having done nothing wr.o.ng.o It was Mr. Mc Carthy's contention that when Great Pond recedes, adjoining landowners then acquired access through and use of .pr.o_per~y belonging, not to the landowners, but to the Town of Southold. t{e informed me that be would put this in "his report", though I've never ~eceived smCh S report frOm him or anyone else. Each of our respective deeds states tbmt our property borders extend 110 or 25 or 100 feet "more or lees" to the Shore of Great Pond. The words "more or less, do not constitute indefinite extensions as Mrs. D'Antonio would have one believe; therefore, what I would like to request from you is the following: an official letter addressed to me from yourself as Chairman of the Boerd of Trastees of the Town of Southold that states: 1.) That deed lines, once drawn, are permanent and irrevocable. 2.) That motions of fresh-water wetlands, such as Great Pond do not consitute any activity by which deed lines change. 3.) That land exposed by the receding of the waters of a body of fresh-water, such as Great Pond, is land owned and regulated solely by the Town of Southold, and not the adjoining landowners. 4.) That ms a result of ~ 2 and 3 above, adjoining deed lines therefore ca~o?, ever extend and intersect thusly depriving adjacent landowners of ~.is~in~ property, be it waterfront or otherwise, and lastly, 5 ) T~at ~he placement of a permanent property marker at any point beyond an existing deed line does no% in any manner constitute t~e lengthening of that prOperty border, and in fact represents an illegal actlvity, especially when done on land owned and regulated by the Town of Southold. I think you should realize that what I have discussed in this letter to you has nothin~ whatsoever to do with Mrs. D'Antonio's lawsuit - she is seeking adverse possession of a very large portion of my propert~ up near her house, and not down by the shore of Great Pond. Thank you very much for your attention to this matter, and if you have any questions about that which I've mentioned, please do not hesitate to call me at my home Colorado. Thanks again. [587 Wes~ Dry Creek Road 5]~it3t~$t_o~53C~lorad. o 801~2~; ~30~3~ 347-1413 - ti~q~ YSIDE BLVD. PLAINVIEW, NEW YORK 11803 FAX- 516 349-0230 Nixon, Hargrave. Devans & Attornejs and Comaselors at Law GARDEN CITY NEW YORk September 5, 1991 Mr. John Bredemeyer Chairman Board of Trustees of the Town of Southold Town Hall Main Road Southold, New York 11971 Re: Request for Permit to Erect Fence by Edwa!d Mai~el, Kennev's Road. Southold Dear Mr. Bredemeyer: Our firm represents Mrs. Carl J. D'Antonio, who resides at 9025 Soundview Avenue in Southold, and who owns the parcel next to Mr. Maidel on Kenney's Road. We understand that Mr. Maidel is seeking to obtain a permit to erect a fence between the parcels, on property our client believes rightfully to be hers and in which she claims affir- mative rights, by right of title, adverse possession or prescriptive easement. Mrs. D'Antonio vehemently objects to any conduct by Mr. MaideI w~ich encroaches upon her property rights such as the erection of a fence, and we are in the process of preparing the necessary papers to seek a j~dicial resolution of this matter. I suspect Mr. Maidel has not seen fi% to inform you of Mrs. D'Antonio's claim, although it was communicate~ to him several weeks ago. A copy of our notice letter to him is attached hereto. Accordingly, we request that Mr. Maidel's request for a permit to erect a fence between the parcels be denied, or at a minimum held in abeyance until there is a legal determination of the ownership rights to the property. If you have any questions with regard to this matter, if you wish further information or a formal presentation to be made on Mrs. D'Antonio's behalf, please feel free to contact me. KBR:jad cc: Mrs. Carl J. D'Antonio Mr. Edward Maidel V~r- truly r ~--- .~,.4"T "49 '~0" W. OI / ¢_...At;~ L /