Loading...
HomeMy WebLinkAboutLL #53 1999 11/17/2000 11':24 CORLETO 8 ASSOC 4 7651823 NO.142 D06 56 4 I SUPREME COURT,OF THE STATE OF NEW YORK Index No.2000/10760 COUNTY OF SUFFOLK,TRIAL'TERM,PART 20 Mot.140. 1-MG - X Mot.No.2-MD KACE LI,LLC, Mot.No. 3-MG Orig;Date, 5/26/00 Plaintiff-Petitioner, Final Date, 9/18/00 -against- PACHMAN&PACHMAN,ESQS. Attorneys for Plaintiff TOWN OF SOUTHOLD, Suffolk County,New 366 Veterans Memorial Highway York, and Supervisor,JEAN W. COCHRAN, Commack,N.Y. 11725 Councilwoman LOUISA P. EVANS,Councilman WILLIAM D.MOORE, Councilman BRIAN G. KENNETH L. ROBINSON,ESQ, IMURPHY,Councilman JOHN G.ROMAN•ELLI, Attorney for Defendant ' '" ::,,•-_.w--Geuacit`woman ALICE HUSSIE, in their capacity 532 Broadhollow Road,Suite 135A and constituting the TOWN BOARD OF,SOUTHOLD, Melville,N.Y. 11747 Defendant-Respondent. X Upon reading and filing the following papers submitted on this motions involving a CPLR Art.:78 proceeding,to wit:,Notice of Petition with supporting papers(1-7),Motion to Dismiss with supporting papers (8-125, Crass-'motion with supportingpapers(13-23)and Reply Affirmation with supporting Papers (24-26),it is ORDERED,that this motion fora judgment annulling,reversing and setting aside a certain resolution of respondents is granted and said resolution is annulled,reversed and set aside; and it is further ORDERED,that the motion for an order dismissing action is'denied, and it is further ORDERED,that the cross-motion for an order granting summary judgment is granted. Plaintiff is the owner of a seventeen'(17) acre parcel of vacant land("subject parcel")located within the town of Southold,'New York.On or about July 11, 1983,the Southold Planning Board approved a site plan for Kace to build a 108-unit condominium development at the subject parcel to be known as North Wind Village(The "project!').Pursuant to the Suffolk County Sanitary Code Chapter 760,no parcel of real estate cqp be improveduntil the Suffolk County -Department of Health has approved the proposed water supply and sewage disposal facilities. Pursuant to Town Zoning Code Sec.45-8(G),before a building permit could be issued,Kace had .to obtain approval for the proposed water supply and sewage disposal system from the-Suffolk , County Department of Health: Such approval is obtained from the Village of Greenport which is geographically encompassed within the Town of,Southold.For some•inexplicable reason,the Utilities Committee of the Village of Greenport,after'being told by the Town that the proposed project had been approved,the Greenport Trustees refused to act on Kace's application and Kace 11/17/2000 11:24 CORLUO 8 ASSOC 7651823 NO.142 D07 remained unable to obtain water and sewer services for the project.Without this precondition, Dace was unable to obtain a building permit. Litigation in the Federal court ensued and, according to a stipulation of settlement,Greenport proposed to provide sufficient sewer capacity within four years of the execution of the stipulation,to wit: on or before February 6, 2000. On or about October 7, 1999;by order of the Town Board the Southold Town Clerk published a notice that a public hearing would be held on a proposed local law proposing to re-zone the subject parcel from a(FID)Hamlet-Density Residential District to an(R-80)Residential Law Density .District. Pursuant to Town Law Sec,265,on behalf of petitioner,one Emanuel M. Kontokosta filed a petition protesting the re-zoning of the property requiring that any change of zone be adopted only pursuant to a"super,majority"of the Town Board members. Said Mr.Kontokosta,however, mistakenly typed Kace Realty Co. instead of Kace LI LLC under his signature on the Protest Petition. A corrective latter of-protest was sent to the Board-on October 14, 1999 which �•"' ---eci$figUy referenced the owner of the parcel as"Kace LI LLC". Notwithstanding the above, at the October 19, 1999 meeting,only four of the six members of the Town Board voted in favor of the Local Law re-zoning the parcel(Local Law 53 of 1999). Local Law 53 of 1999 was filed with the Secretary of State on Deeember'27, 1999.Pursuant to both the terms of Section 4 of Local Law 53 of 1999 and the New York State Municipal Home Rule Law,Local Law S3 of 1999 did not become,effective until the date of filing with the Secretary of State,to wit:December 27, 1999.Therefore,when this action was commenced on April 26,2000, it was timely and not barred by the Statute of Limitations.Also,the purported enactment was not passed by a favorable vote of three-fourths(314) of the members of Defendant-Respondent Town Board and therefore,did not become effective as provided by Town Law Sec.265. Additionally,it appears that Mr.Kontokosta filed his corrective letter of protest prior to the-vote of the Board who was aware of the typographical error in the prior letter and,therefore,he had standing to lodge the protest.Accordingly,the motion to dismiss is denied. With regard to the article 78 proceeding,now that the motion to dismiss has been resolved, the court holds that the super-majority provisions of Town law Sec. 265 were not complied with despite the clear mandate thereof, and, accordingly,petitioner's position is sustained in all respects and respondent's resobition is innulled'rever"sed'and set aside: Settle judgment. Dated:November 15,2000 H ERLER, J.S.C. - i I A*413FFO(� ELIZABETH A. NEVILLE �G.y ' Town Hall, 53095 Main Road TOWN CLERKp Y.O. Box 1179 W Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS �,l, Fax (516) 765-1823 MARRIAGE OFFICER .fi RECORDS MANAGEMENT OFFICER ��� ,��� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER - OFFICE OF THE TOWN CLERK TOWN OF SOtiTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON OCTOBER 19, 1999: LOCAL LAW NO, 53 OF THE YEAR 1999, A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count),Tax Map (SCTM) # 1000-040.00-03.00-001.000 FROM THE (HD) HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE (R-80) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION_ BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section I. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town,and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore,we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands;thus,we hereby identify and adopt the following overall themes of (1)Preservation of Farmland and Agriculture; (2)Preservation of Open and Recreational Space;(3)Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and Surrounding Areas;(4)Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life,as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic industry in the Town of Southold.The open farmlands are not only highly cliertshed for fie&economic value,but for fie scenic vistas they provide. The open space and voseaty otoete I by fatmleod additionally contribatm to die quality of life of the residents,while promoting loathm sad teaeef(on. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open mopes for recreation,dean air and water,as well as for its attraction to tourists and recreation-seekers.The Town has attracted many second homeowners because of its"natural resources,abundance of open space,farms,picturesque villages,and the ever-present waterfront"(Master Plan Update, 1985). Due to this open space,the Town has a tremendous development potential. Bleak pictures have been painted in a few documents,warning of strip-type development,suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic,but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlett and Scharacter.Ibisunlgl�o hold is reaowned for its rural,ouldnpW1= ai,gmigi Town restdertls.hue F rt a m atAatlons states <ao SE ofowF-', Unum are keeping growth in(lie existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally.the Master Plan Update recommends the provision for"a community of residential hamlets that are comprised of a variety of housing opportunities.commercial, service and cultural activities, set in an open or nual atmosphere and supported by a diversified economic base(including agriculture,marine commercial and seasonal recreation activities)." 4. Preservation of the Natural Environment Accommodating"growth and change within the Town without destroying its traditional economic base, the natural environment of which that base rests,and the unique character and the way of life that defines the Town" is of utmost importance"(Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recornmends preservation of the Town's natural environment from wetlands to woodlands and to"achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. 1'11e outstanding needs enumerated belo%N arc the culmination of careful comparison of the intent and objectives of the town (as staled in past land use plans and studies)and the curendl existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: I) to provide for viable land use development at levels of intensities which are sensitive to subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of commercial, residential,and cultural activity; 3) To preserve 0ie open,agricultural and rural character of areas outside of the hamlet centers, 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for pedestrian-friendly shopping; 6) to continue to the support of the Town's agricultural economy; 7) to maximize the Town's natural assets,including its coastal location and agricultural base,by balancing commercial, residential and recreational uses; 8) to strengthen the Town's marine-recreational and marine-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade, namely.hamlet center businesses,historic heritage,architecture,a sense of place,of rural and open cbacactM agtkarltate;tatd anatne auNvitlec, I I) to preserve prime firmland;and encourage the diversification of agriculture; 12) to preserve the historic,cultural,architectural and archaeological resources of the Town; 13) to ensure visual quality of bander centers; 14) to encourage appropriate land uses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats. including freshwater wetlands and woodlands. Section 2. Enactment Therefore,based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board,the Suffolk County Planning Commission,our planning consultant(CCG)and the public comment taken at the public hearing and otherwise. we hereby change the zoning district designation for the parcel known as SCTM# 1000-040-00-03. 06 —DOI. DO (and as more full), described herein below) from the I In F�:A (Lt L L IVB c,V ionmg d;strict dcsi lt,iaiion tc the �-j)AL (4,1Vy. L �.`�; lam/ Toning distna dmignau �r. �l G) SCTM# 1000-040.00-03.00-001.000 All that certain plot, piece, or parcel of land, with the buildings and improvements erected, situate lying and being near the Village of Greenport, in the Town of Southold, County of Suffolk, State of New York and being more particularly bounded and described as set forth on Schedule A, annexed hereto, designated as Parcel I1. PARCELII BEGINNING at a point on the southerly side of the North Road, at the northeasterly corner of the land of the Village of Greenport and being the north westerly corner of land of Stephen Sledjeski; thence along the southerly side of the North Road as the same curves, 43.85 feet, thence along the southerlV side of the North Road NORTH 61 degrees 23 minutes 20 ecund Ea;t_ 39350 feet, thence continuin-, alone the. southerly �idc of A')111, Ro'td �S' deerec� Jt. minute, tt) seconds Last. 38 lcet to the and ll(m of Icrlllerly of I L IZ I rincuco Ilstatc thence SOUTHERLY along said last mentioned land SOUTH 23 degrees 34 minutes 20 seconds EAST, 427.38 feet; thence continuing along said last mentioned land SOUTH 21 degrees 23 minutes 30 seconds East, 106.0 feet to land of the Village of Greenport; thence along the land of the Village of Greenport the following 6 courses and distances:- (1) SOUTH 23 degrees 49 minutes West 241.26 feet, (2) SOUTH 5 degrees 08 minutes 30 seconds West 671.42 feet, (3) NORTH 68 degrees 42 minutes 10 seconds West 432.43 feet, (4) NORTH 22 degrees 18 minutes West 56452 feet; (5) SOUTH 72 degrees 41 minutes 10 seconds West 119.90 feet, (6) NORTH 0 degrees 53 minutes 30 seconds West 343.58 feet, to the southerly side of the North Road at the point or place of BEGINNING. ('ld) Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMN EDIATELY UPON FILING WITH THE SECRETARY OF STATE. 2 f StANTH A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19, 1999 LOCAL LAW NO. 53 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) 4 1000-040.00-03.00-001.000 FROM THE (HD) HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE (R-80) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town,and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore,we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus,we hereby identify and adopt the following overall themes of (1)Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3)Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and Surrounding Areas;(4)Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life,as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic industry in the Town of Southold.The open farmlands are not only highly cherished for their economic value,but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents,while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation,clean air and water,as well as for its attraction to tourists and ration-soekers.The Town has attracted many second homeowners because of its"natural resources,abundance of open space,farms,picturesque villages,and the ever-present waterfront"(Master Plan Update, 1985). Due to this open space,the Town has a tremendous development potential. Bleak pictures have been painted in a few documents,warning of strip-type development,suburban sprawl and water supply issues.The preservation of open and recreational space is not only aesthetic,but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and sunlow The Qf s"Ma Nd is tonowrod for its rural,cultural.4111121:0450311111 and hfstaric character.Thie Town residents,rite Fi natdaliooe slate lgsues 0' are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding caval areas. Additionally, the Master Plan Update recommends the provision for"a community of residential hamlets that are comprised of a variety of housing opportunities,commercial,service and cultural activities, set in an open or Waal atmosphere and supported by a diversified economic base(including agriculture,marine commercial and seasonal recreation activities)" 4. Preservation of the Natural Environment Accommodating"growth and change within the Town without destroying its traditional economic base,the natural environment of which that base rests,and the unique character and the way of life that defines the Town" is of utmost importance" (Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Town's natural environment from wetlands to woodlands and to"achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. I he outstanding needs enunterned bclorc arc the admination of careful comparison of the inicnt and objectives of the town(as stated in past land use plans and studies)and the currently existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of Countv Route 48 to the hamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensitive to subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of commercial, residential,and cultural activity,: 3) To preserve the open,agricultural and nral character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels, 5) to enhance the opportunities for pedestrian-friendly shopping; 6) to continue to the support of the Town's agricultural economy; 7) to maximize the Town's natural assets, including its coastal location and agricultural base,by balancing commercial,residential and recreational uses; 8) to strengthen the Town's marine-recreational and marine-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade, namely hamlet cents homes=,historic heritage,architecture,a sense of place,of nual and open character,"doultum and marine activities; 1 l) to preserve prime farmland;and encourage the diversification of agriculture; 12) to preserve the historic,cultural,architectural and archaeological resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land uses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore,based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, Ute Suffolk County Planning Commission.our planning consultant(CCG)and Ute public comment taken at the public hearing and otherwise. tee hereb} change the zoning district designation for the parcel known as SCTM# 1000-040.00-03. 00 -001. 00 (and as more fully described herein below) from the �,,,.,,1 l ' L t l I `tSi I]�._`L-X31_( /�tTl[Ij„_.. /onin};district dcsi!;nalion to the �S1 _ ioningdistrict designation �l G) SCTM# 1000-040.00-03.00-001.000 All that certain plot, piece, or parcel of land, with the buildings and improvements erected, situate lying and being near the Village of Greenport, in the Town of Southold, County of Suffolk, State of New York and being more particularly bounded and described as set forth on Schedule A, annexed hereto, designated as Parcel II. PARCELII BEGINNING at a point on the southerly side of the North Road, at the northeasterly corner of the land of the Village of Greenport and being the north westerly corner of land of Stephen Sledjeski; thence along the southerly side of the North Road as the same curves, 43.85 feet, thence along the southerly side of the North Road NORTH 61 degrees 23 minutes 20 seconds Fast, 393 50 feet, thence continuing along the southerl- side of North Road 58 degrees 16 minutes 30 seconds Last, 352.38 feet to the land now or formerly of FL Francisco Estate: thence SOUTHERLY along said last mentioned land SOUTH 23 degrees 34 minutes 20 seconds EAST, 427.38 feet; thence continuing along said last mentioned land SOUTH 21 degrees 23 minutes 30 seconds East, 106.0 feet to land of the Village of Greenport; thence along the land of the Village of Greenport the following 6 courses and distances:- (1) SOUTH 23 degrees 49 minutes West 241.26 feet; (2) SOUTH 5 degrees 08 minutes 30 seconds West 671.42 feet, (3) NORTH 68 degrees 42 minutes 10 seconds West 432.43 feet, (4) NORTH 22 degrees 18 minutes West 56452 feet; (5) SOUTH 72 degrees 41 minutes 10 seconds West 119.90 feet; (6) NORTH 0 degrees 53 minutes 30 seconds West 343.58 feet, to the southerly side of the North Road at the point or place of BEGINNING. Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4 THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. Local Law Fiitng cW YORK STATE DEPARTMENT OF STATE <t STATE STREET ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rK, M3X 11awwnof---------------------------- Southold--------------------------------------------- XMb*X LOCAL LAW NO. 53 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map(SCTM)# 1000-040.00-03.00-001.000 FROM THE (HD)HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE (R-80)RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Please see attached. (If additional space Is needed,attach pages the same size as this sheet,and number each.) (1) LOCAL LAW NO. 53 OF THE YEAR 1999, A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map(SCTM)# 1000-040.00-03.00-001.000 FROM THE (HD)HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE (R-80) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town,and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore,we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus,we hereby identify and adopt the following overall themes of (1)Preservation of Farmland and Agriculture; (2)Preservation of Open and Recreational Space; (3)Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and Surrounding Areas;(4)Preservation of the Natural Environment;which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life,as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Familand is a valuable and dynamic industry in the Town of Southold.The open farmlands are not only highly cherished for their economic value,but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents,while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation,clean air and water,as well as for its attraction to tourists and recreation-seekers.The Town has attracted many second homeowners because of its"natural resources,abundance of open space,farms,picturesque villages,and the ever-present waterfront"(Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential. Bleak pictures have been painted in a few documents,warning of strip-type development,suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic,but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Southold is renowned for its rural,cultural,commercial and historic character.This unique character is recognized in all of the documents reviewed.Based on the input of Town residents,the Final Report and Recommendations states that the two most prevalent and key issues C / o,,) NYSRPS ASSESSMENT INQUIRY DATE 09/08/1999 473889 SOUTHOLD SCHOOL GREENPORT SCHOC ROLL SEC TAXABLE PRCLS 311 RES VAC LAND TOTAL RES SITE 40.-3-1 TOTAL COM SITE 62600 CR 48 ACCT NO 17 OWNER & MAILING INFO === I =MISC I -------- -----= ASSESSMENT DATA =__________ KACE LI LLC IRS-SS I **CURRENT** RES PERCENT 43 WEST 54 ST I 1 BLAND 4,300 **TAXABLE** NEW YORK NY 10019 1 BANK ITOTAL 4,300 COUNTY 4,300 **PRIOR** TOWN 4,300 BLAND 4,300 SCHOOL 4,300 1 ITOTAL 4,300 ==DIMENSIONSSALES INFORMATION ACRES 17 .50 IBOOK 11957 SALE DATE 03/30/99 SALE PRICE 1 PAGE 433 PR OWNER KACE REALTY CO __=====TOTAL EXEMPTIONS 0TOTAL SPECIAL DISTRICTS 3 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD031 IWW020 � SWO11 F1=NEXT PARCEL F2=PARCEL UPDATE F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 . 10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU .'t'�1,�`:i..�.., s;-i`.�", "'Fr'.?:rTz�""�'"'3«.y!'.n'sy'S 1"•:Ri:'. rrt�,,1 -.r •".:3u§' a""w i' '-'t<'aw�e..r,.,>4�urSr .m:c'F v«�..rrx,-.b ,. YrJ..J V.Y I Fww FW W,n,vr[MJ.M F W Ca.,new-IM.quJ a.(e-pr,..m _ L COM%n.T YC �Yl M BNopZ Sifc' ^^J t r,nC5Tir1'[E:1�^T—IIi d§T"N-A^.'AT;..9•^. _.. A 77M INDF1siV,RE, nude the � day of March , nineteen hundrrl k6EIWEX KACE REALTY CO. , a partnership having a - 43 West 54th Street, Vew Yor}-- New Yore d f, r Party of the first par., azad RACE LI, LLC, a limited liability its office at 43 West 54th Stree=-, -{c . Now York 10019 { EE Party of the second part, W rMlE EM-1, that the party of the first part, in consideration of TEN (410.00)______________________________ G Fi0 Llri, ' pp awful mooty of the United States, and other valuable considers i ens F:dd 3i 9 by the party of the second part,does hereby[rant and release unto the party of the sr iI t, th^',r . a or successors and assigns of the party of the second part forever, ALL that certain plotspiecmor parcebof land, with the buildings and improvements Na retc. r.,-cte.1. sit taet lying sad being iASft near the Village of Greenport in the Tc iau nf Jo'athold, ' 9 County of Suffolk, State of New York and being more pF. rf c : far:.y hounded and described as set forth on Schedule A ar r t-xi,t, 1. are t::o, s !, consisting of two parcels, designated as Parcel I ar.. 'PHrCn 1 I: .. PARCEL I DIST Being and intended to be the same premises conveyed ^o Che ?aItyMarc of 1000 the first part herein by deed dated March 10, 1982 zero rd ei: ?{arch 23, 3.982 in Liber 9158 cp. 395. SECT. 04000 BLOCK 01.00 LOT I ; 007.000 PARCEL II� DIST. 1000 SECT. 04000 BLOCK i 03.00 LOT ool.000 ., SCHEDULE A PARCEL i BEGINNING at the southwesterly corner of the premises herein described and being the point of intersection formed - by the easterly line of lands conveyed by Arthur M. ghost to Harry H. Reeve and the northerly line of North Road; running thence in a generally northerly direction along the said easterly line of the land o: said Harry H. Reeve about 520 feet to the ordinary high water line of Long Island Sound; thence in a general easterly direction along the ordinary high water line of said Long Island Sound about 112 .48 feet to the westerly line of lands formerly of William C. Gittinger and wife, now of Elizabeth Thomp- son Lyons; thence in a generally southerly direction along said other lands of Elizabeth Thompson Lyons about 550 feet to t!-.e northerly line of said North Road; thence in a gener- al westerly direction along the northerly line of said North Road, a distance of 88.85 feet to the point or place of BEGINNING. PARCEL II i BEGINNING at a point on the southerly side of the North Road, at the northeasterly corner of the '.and of tV.e Village of Greenport and being the northwesterly corner of land of Stephen Sledjeski; thence along the southerly side of North Road as the same curves, 43.85 feet; thence j along the southerly side of North Road NORTH 61 degrees S 23 minutes 20 seconds East, 393 .50 feet; thence continuing along the southerly side of North Road 58 degrees 46 min- utes 30 seconds East, 352 .38 feet to the land now or former- ly of P.L.R. Francisco Estate; thence SOUTHERLY alon said last :mentioned Land SOUTH 23 degrees 34 minutes 20 seconds East, 427 .38 feet; thence continuing along said last men- tioned land SOUTH 21 degrees 23 minutes 30 seconds East, 106 .0 feet to land of the Village of Greenport; thence j . along the land of the Village of Greenport the following 6 courses and distances:- ,, I (1) SOUTH 23 degrees 49 minutes West 241 .26 feet ; S ( 2) SOUTH 5 degrees 08 minutes 30 seconds West 671 .42 feet; ( 3 ) NORTH 68 degrees 42 minutes 10 seconds West 432 .43 feet; (4) NORTH 22 degrees 18 minutes West 564 .52 feet ; (5) SOUTH 72 degrees 41 minutes 10 seconds West 119 .90 feet; ( 6) NORTH 0 degrees 53 minutes 30 seconds West 343 .58 feet to the southerly side of the North Road at the point or place of BEGINNING.