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HomeMy WebLinkAboutPRIETO, DOLORES & RICHARDFRANK A. KUJA~/SKI, JR.. Pmsiden[ ALBERT J. KRUPSKI, JR., Vice-President JOHN M. 8REDEMEYER, III JOHN L. HEDNOSKI, JR. HENRY P. SMITH TELEPHONE {5t6) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southotd. New York 11971 September 28, 1989 J. Royal Gifford P. O. Box 353 Southold, NY 11971 RE: Mooring ~32 / Corey Creek Dear Resident: The Board of Trustees was recently notified that the property your mooring stake is on, is not public property. After research by the legal department, this was, in fact, verified. The Trustees cannot issue moorings, except on town-owned or public land. While we recognize the use of town bottom is necessary, we must revoke your on-shore stake. If you still want the anchor mooring, please notify this office. We must also inform you that this property formerly used for stakes is private and may not be used for access to the creek. The Board of Trustees will continue to seek access areas so that all residents may utilize the moorings in Corey Creek. Very truly yours, Frank A. Kujawski, Jr. rC/~es. Town Board of Trustees FAK: jb FRANK A, KUJAWSKI, JRu, President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L, BEDNOSKI, JR. HENRY P. SMITH ~fELEPHONE (516) 765"1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Sept. 6, 1989 John Brassil Pres. Laughing Waters Prop. PO Box 1523 Southold, N.Y. 11971 Owners Assoc. Dear Mr. Brassil: The Board of Trustees would like you be present at the worksession of our next Board meeting which will be held on Thursday, September 28, 1989, to discuss access rights to Corey Creek at Mr. Prieto's property. If you could supply us with a copy of the easement giving Laughing Waters property owners the Right of Way to the water it would be very helpful. Our regular meeting begins at 7:00 P.M. and the worksession begins at 6:00 P.M. The above matter will be on the agenda for 6:30 P.M. Thank you for your assistance. FAK: j as Very truly yours, Frank A. Kujawski, Jr. ~ President /~5 Board of Trustees ~ FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 James Schondebare, Town Attorney Frank Kujawski, Jr. August 18, 1989 Richard Prieto - Laughing Waters TELEPHONE (516) 765-1892 At the worksession of our next Board meeting on Thursday, August 24, 1989, at 6:00 P.M., Attorney Charles Cuddy will be present to discuss mooring access at above mentioned location. We request your attendance at this meeting. FRANK A. KUJAWSKI, JR.,Pre~den/ ALBERT J. KRUPSKI,]R.,Vice-~¢slde~ JOHN ~. BREDEMEYER, IH JOHN L. BEDNOSKI, JR. HENRY P. SMITH TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Robert Berntsson, Assistant Town Attorney Frank Kujawski, Jr., Pres. Bd. of Trustees July 27, 1989 Richard Prieto file TELEPgONE (516) 765-1892 Would you please review attached file and advise of determination of mooring access rights ~or Laughing Waters. This will be discussed with Charles Cuddy, Esq. at the Trustees Board meeting of August 24, 1989. FRANK A. KUJA~/$KI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOBN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 June -26, 1989 Chrale$ R. cuddy, Esq. 180 Old Country Road Riverhead, N.Y. 11901 Re: Richard Prieto Dear Mr. Cuddy: Thank you for the latest information regarding mooring access and Mr. Prieto's property. This information will be reviewed at our July 27, 1989 Board meeting, We are considering cancelling all moorings in this area. Would Mr. Prieto possibly consider limited access to a few moorings? I appreciate your attention in regard to this matter. FAK: jas Very truly yours, Frank A. Kujawski, Jr. President Board of Trustees C--~HA~T,~,,$ 1~. ~13I)DY RIV~EAD, NY 1190~ June 16th James Schondebare, Esq. Southold Town Attorney Main Road Southold, NY 11971 Re: Richard Prieto/Southold Town Trustees Dear Mr. Schondebare: Confirming our discussion, I am enclosing a copy of the two title searches for the parcels owned by Mr. & Mrs. Prieto on Minnehanna Boulevard at Laughing Waters in Southold. These searches establish that the Opechee Avenue Extension shown on the map filed in 1941, in fact, was not owned by the subdivider (Wickham), but had been previously conveyed out in 1938 to my clients' predecessorsin title. For over fifty years Mr. & Mrs. Prieto or their predecessors have continually owned the Opechee Avenue Extension, on each side, to the center line thereof. The Ticor Title Guarantee search leaves no question that this is so. As you are aware, the Town Trustees from time to time, have authorized permits for mooring places immediately in front of the Prieto's home. Implicitly this recognized a right of direct access to the mooring by crossing the Prieto's real property. In some instances this appears to have been explicitly recognized by the Trustees. Crossing the Prieto's property to gain access to a mooring is without their consent and without foundation in fact or law. The action of the Trustees encourages tresspassing. I ask that you bring this matter to the attention of the Trustees so that they can direct applicants for mooring permits to places other than the Prietos property~at C0re¥~C~ek. Very truly yours, Charles R. Cuddy CRC:~ enclosures cc: Richard Prieto HENRY P. SMITH President JOHN M. BREDEMEYER, Vice-P~es. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. $3095 Main Road P.O. Box 728 Southold, New York 11971 September 11, 1986 TELEPHONE (516) 765-1892 Summit Rovins & Feldesman 445 Park Ave. New York, N.Y. 10022 Dear Mr. Ortner; In reply to your letter of September 8, 1986 regarding moorings opposite the Prieto property please be advised further information is required. In order to determine the ownership of the Right of Way in question~ could you please forward a copy of the survey showing title. If the owners of the moorings in question do not have to cross private property to gain access, than no letter of permission is required from the property owner, for the Trustees to grant a mooring permit. Please forward the above information at your earliest convenience so that a determination may be made. If you have any questions regarding the above, please do not hesitate to contact us. Very truly yours, Smith, Pres. Board of Town Trustees HPS:ao SUMMIT ROVINS & FELDESMAN 445 PARK AVENUE NEW YORK 10022 212-702-2200 ARTHUR L, KIMMELFIELD HOWARD L, KLEIN THEODORE J. KRULWICh Board of Town Trustees Town of Southhold Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 8, 1986 212-702-2327 Gentlemen: We are writing to you on behalf of our clients, Richard Prieto and Dolores Prieto. Our clients are the owners of two parcels of property fronting on Corey Creek and their ownership includes title to the piece of land which might appear to be an access road to Corey Creek, although title to such parcel is vested in Mr. and Mrs. Prieto. We are informed that stakes for the mooring of private boats in Corey Creek directly opposite our clients two parcels of property have been issued to third parties. We have reviewed the instructions issued by your department and we note that where an application for such a permit is requested it must be accompanied by written permission from the owner of the property if such owner is not the applicant. Such is the case, and therefore, on behalf of our clients we request that you immediately advise the holders of permits for mooring stakes opposite the Prieto property, issued by your office, that such permits will be withdrawn immediately since the consent of Mr. and Mrs. Prieto was not in fact obtained. SUMMIT ROVINS & FELDESMAN ~ Board of Town Trustees September 8, 1986 Page #2 Should you have any questions concerning our clients' position on this matter I would appreciate your comunicating with the undersigned. HLO:ai Very ? yo HerUCr~L. Or E~her