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6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 2S TO~,IN OF SOUTHOLD TO~'~h BOARD COt/NTY OF SUFFOLI{ : STATE OP NE~'~ YORK T O ~ I[ O F S ID U T H 0 I, D P U B L I ,2 H E A R I N G In the lVlatter of, THE NEW YC, R~.-. EMINENT DOPh%It[ PN.OCEDURE FOR PP. EHISES LOCATED: Cox Lane, Southoid, l'[ew York SCTI~ # 1000-8%-1-p.o 26.002 Soethold Town Rail 53095 Main Road SouEheld, New York Augus~ 10, 2004 10:15 s m. Superviscr Co un s i i ma_~ Counc i lman LOUISA P. EV~iIS, Councilwoman Df~2[IEL C_ P. OSS, CouncilR~an ~,/iI~LI.~tP! P. EDWARDS, Councilman KIEP_R2? CORCC, PS2I, Town PHIL SIEGEL, Special C.smnsel ELIZABETH A. NEVILLE, To~.,~n Clerk COJP. T REPC, RTII,IG AND TR~iISCRIPTIC,N SER\,I,2E ,631:~ S78-8041 1 2 3 4 S 6 7 8 10 11 12 13 14 15 16 17 iS 1P 2O 21 22 23 25 2 SUPERVISOR HORTON: We are here today to commence a Public Hearing .un the Eminent Domain proceeding published in an official paper by the Souhhold Town Board_ was published to comme~ce at i0:00 a.m. We're not. starting earl}~, we ~re, in fact, starting a litule late, giving people due time to arrive. Officiating che hearing will be Pllil Siegel representing ute Tew~_ So I'll cum it over to you. }4R. SIEGEL: Thank 5er, Mr_ Supervisor. Geld morning, Hemt. ers of the Board. H)~ name is Phil Siegel, I'm witt~ law office of Smith, Finkelstein, hundberg, lsler and Yakaboski. We're Special Counsel the To~n of Souht~old in coniuRcEioN with this preceedin9. We're here pursuant El ute New York State E~inent Domain Procedure Law ~o consider the propese,~ condemnation e~ the strip of land which is appreximatei=~ 62 feet wide a£eng the souEherly portion of a parcel iocaued on Co~ Lane in Seuthoid to provide access to the Town's recycii~g collection faciliTV. This hearing has been preperlV noticed, as the Super-.isor said; and a record of t~e hearing is being transcribed by Florence Wiles. Copies of both the ~uEline, the purpose and benefits ef th{s project and a relevant map are avaiiaole for members of public to review at this hearing_ They're located at the sable on my left. The purpose .Df Uhis projec~ is provide a new access route to The Town's recycling collection facility for the be~TefiE ef the puOlic. The benefits of this proceeding will be Oiscussed in detail bi, James Bunchuck ef the Solid Waste ~.{~nagement District and Christopher Dwver of ~he engineering firm of L.R_ I~kLean Associates_ Previeusl2, the Board adopted ~he findings of Nelson, Pope and Voornees and ~etermined that the asquisiEion of Tkis property woul~ be an UnlisTed Ace. ion unier SEQP~ wi~houu a significanu impact sn the environment. SUPERVISOR HOR'FONr Can =,au state when we adspeed unat SsQPA determinationP N~. COR,IC, P£eN: Three, four weeks ~' - ~ IP_~i,I~,~RIPT.[e,~I Si~RVIC'E ,6311, 8P8-8047 1 2 3 ? 10 11 12 13 IS 16 1? 18 20 21 22 23 24 2 _~ ago. HR. SIEGEL: At this time I'd like to call Ivh?. Bunchuck as a witness to pro~.ide some ~esEimon!z. I~,~hereupon~ James B~nchuck was duly sworn b~ a Notary,- Ph~blic of the SEato of New York., },~R. SIEGK:L~ Good ~nornir~g, wo~ld ~'ou sEa~e your name and professional address for Ehe record? HR- ~UNCHUCK: James Bunchuck, Solid ~,~asEe Coc. rdinator for Ehe Town ef _euthuld. HR. SIEGEL: Could i-o~1 tell us purpose of uhis propese,i projecu? HR. BUNCHUC[q: From aR operaEien's s~andpein~, ~Ne acquisiuion ef nhe piece or some access ho Co~ L, alie is r~ecessar}~, and i had discussions wi~h EPee Beard il~ the pas{~ uhe need to edduess i~ternal traffic configuraEion problems. The Eraffic inside the facilit5, is cumbersome, confessing, occasionally unsafe and hard to manage ~he it is. So for a number ef years we ~heughE in ~er~s of getting an access peinE o~..er ~o Cox Lane. Ail tiiaE had me ?~aiu for some of ERe capping prejecEs and some sther bi.g projecns, in parEicuiarl}- the capping pzcject prevenEed i~ from moving ahead prior Eo ehis. But aE this ~oine, we need this access poinm ~o basically s~mee~h cue Ehe [nhernai traffiu config~raEion and make it safer and convenienu to the public. HR. SIEGEL: Presently access Ehe recycling faciii~v is off of Ceuntl~ Road 48; is tl~aE co~rec~? B [DIICHU,i't{: Yes _ SIEGEL: ~ is tt~ere anl' a~ ~naE poi£~t? BIINCNUCN: No, Ehere' s ne TP~at's a safe{~v issue there x[R- uraffic signal HR. traffic signal. as well. So nhat's consisEent ~iEh the ether reasons, thau's an a. aded poinn, i~ improves puOlic safeu~~, it impr~n~es access. T~ere is a traffic signal on Eox Lane which makes it obviously a beEter siEua~ion for Ehe volume ef Eraffic. SUPE~ISOR ~{ORTON: if i may, the C,2URT REPC, RFING A~[E, 1 2 3 5 8 9 1,2, 11 i2 l& i5 16 17 18 19 2O 21 22 23 24 l~=,~,n Board~_=-,~cificalls_ requeseed that the ,_~unt~ install Ehat li~hE ON ,_~ Lane wiEh the future inten~ ef providing ingress egress ~he mransfer sEation elf ~-' hR. ~IE~sL: Let me intrei~ce ,~ap here. This is Ehe survey of nhe property acquisition. I'll shew Ehe Board, presently a .... ~ co the ~ ....._ ~,indicm~ing}, south of where she survey:- ends. We're going uo now acquire thLs strip of properul' and access will come off of Cox Lane uhrough this strip of properel into the facility. MP.. BUN~HU~K. =m.=n Yhe ~raffic pautern inside ute facili~~, ~he way ouU would be coming through the building a~d then straighu ouU. The reason for ~he proposed acquisiEion as opposed uo using ute existing rouue iN addition Uo havin9 cumbersome or uonvoluted uurns and twisEs and having mo ir!/ end ge~ volume of traffic and Ehe. size of vehisles around ~hat, uhere's an issue khe capped landfill, which, of course, now abues Ehe property line. [.IR. SIE.SBL~ T~e exisu[ng comes off of 48. We haven'U discussed E. he alternaue po~%us l~et, bl~ acquiring this parcel of land to make an access to ute faciliEy off of Cox Lane, we're goin? to improve ute eff~=hc, of the operating faciiiu~,? I4R. B~ICHUCK: }~solu~elI , les. P,[R. SIEGEL: ANS .,~e would be able to beUEer serve the public because of this acquisition, i~ '~our o-c, inion? [~IR. BUN.CHUCK: Yes, mbsoiuEei~~. hR. SIEGEL: IE's noted uhae the Town does presently owr~ a s~rip of properE, y uo the norEh of mhe surip that's ~c, ing ha be acquired, Ehau strip leads .iirecmiy into Ehe landfill; ~s ~han accuraue? MR. ~VSCHrJCK: ~= = HP. SIEGEL: Are there reascns why uheu sErip would nc.t work for this projecu? PIR. ~U~CH~TK: .... iE's a much less direc~ rouEe Eo ute faciiiuy, which zwisEs a~d turns Etak would be required to get Eraffic in ~Nd out of Ehere may or n~a~ nc.~ 1 2 3 6 S 9 10 11 12 13 lb 16 A? 2 ,D 21 22 23 2~ 25 work from an operation's sCandpeinu especially given ~he size of some of ~he -,ehicies that cc, me iR, bu~ as imporEanE as ~haE is~ Ehe fact ~ew with ~he capped lantfili up to vir~uall5~ ~he prc. per~y line, it makes i~ virtually impossible bs ~r~- to now consEruc~ a road on ~ep of tha~ Ehat wouli support the volume and weight ef Eraffie for ~ha~ period of eime ~hat would handle ~haE ]<ired of load, whist, even if i~ could be dona, raises a whole host regulator5~ issues w~th the osage. SUPERVISOR }bORTON: {,lha~ is the s~a~e's current regulaEi, on on the 2ap2 I,:R_ BU~{CNU2K klo roads. SUPERVISOR HORTON: i think ~ha~ answers tha~. And Eta stane prohibits a road along the cap on Ehe landfill? HR. B~qCRUCE: Kight:. hR. ~IE=EL: Ix~ addition, iE ~,zeuid be more cosu ly beeause you ha~re a ~u,ch ~Lore circuitous rouZe. ms Ehat in's im~:.essible. Fhe ozone permiz iz regardless eft ENo corE. MR. SIEGEL: There ~re other benefits z,e Eaking t:his piece Et~at's proposed today, ,,{hich ~N addition to any seaue restrictions utah may be able ~o be circumvented by any exempEions Zha~ you might be able zo gau, ELis would also be less costziy to go directly in? [','IR. S~E~: lazndiu'~ woul{ ~rovide a ~ere direct: route as well? I,IR. BUN.SHU,2R: i~' s also within mhe appropriaze zone, everythzng sround Eha~ piece zhere is i:tdustriai, iz's considerably furzher away from any residex~tiai area. f.[P.. SIEGEL: It wou!~ no~ mmpacE The capped lani fill? ?[P._ BUI'[,g~U,iZi: No, no[ ez ali. hR. SIEGEL: IR additioz~, it's here ~o the easE; is uhau correct? PIR. BU/~CNUCP(: RighE. I,It~_ SIEGEL: Do .... t ha~-e alta-thing else tc, add? ,C,2,~rP.T REPOP_TI~ffG AN/i, TN.AtTSeP, I~ lI~T SER%ICE ,;r3l,_ ~,°~'~u S04v i 2 4 b 9 10 !1 13 14 15 16 17 19 19 2O 21 22 23 24 2S hR. BUIICHUCK: No. MR. SIEGEL: Does the Board have any ques~iens at this poin:, or would yeu i~ke to hear from the engi~2aer first? SUP~RVISO~ HORTON: i'd like te hear from tile engineer. Thank you, Jim. HR_ SieGEL: I would like ~o call ~rz~opn=:r Dwi'er ~o testify ~z~ this proceeding_ {Whereupon, ..hrL~opher E, vQ~er was ,inly s~,gc, rRb7 a Nc. tary Public of ~he State of I'le~,~ York_ ~iR. SIEGEL: I4r. E, wi~er, can state -,our name and occupation? HR. DWTER: -~-z=~. [.iy_ name is ChrisEepher D~,G~er. i work for L.K. McLean Assoc{ates, I'm an associate consultin? engineer. HR. sls,=E_~: Did you develop the surye,/ that's in fron~ of us here go,ay? MR. DWYER: Yes. Na were asked perform a uo-0ographic survei cf ~he preperui'- HR. SIEGEL:~,~= leu_ familiar with the propesed project? HP. DWYER: ~=s, I am- P,IR. SIEGEL: Can 7o~: tell us benefits ef moYing access ~o ~he recycling faciliE7 from Count7 Road 48 Ee Cox Lane via ~he propesed acquired property? Pin. Dti~E8.. i ti%ink as stated earlier, ute efficienc':' of traffic, the limited stacking abiliuI off of 48, the access flro~ COX LaF~e would a~iow you a much longer distance, about 700 lil~ear feet longer from Cex ba~ie JnEe the waste handiiz~g facilities and would actually 8ccass Ute si~e ~ a !oca~ion that's more suiuable for separation of residenuial commercial ~raffie and for all waste handling operaEic.~s. wham 7ou mean by limiLed snacking abilit.-? MR. DWYER: The ability ~,o cue ~raffic them would be accessing the site ,off of 48 wimh respecn ED the physical iocaEion of the waste site. hR. ~.oR,~,JP3_[[ Are you sci, in9 that the current access off Route 45 is too shor~ a distance to allow traffic ~o cue and Lhat this ,20UKT REPORTING Z~2,ID TRA2.FSCRIP'flOI,I SE. RVISE ,63l} 8~8-8£,47 '1 i 2 3 5 9 10 11 12 13 14 iS 17 18 19 21 22 23 2S new proposed access would alleviate %hat dj f ficuluy? i,{R. DWYER: les, I Ehink Ehat would alleviaEe some of the problem, some ute iim~ted sEacking ability of~ of 48, you would have a much greater ebi!iui' to ~. OgRCORAN: To coordinate and direct traffic off the faci[iEy? the v}as~.e faciliul~. DIN. SIEGEL: In your opinion, would it improve Ehe ef{icieuc,2 of traffic runr~ing ~hrough nhe faciiicy, and, in vuur opinion, would iu improve uhe safety of the ~raffic running into ~he facility? MR_ DWYER: .... i think iE would ~'CR. SIEGEL: Do we have any qeestions? sn hhe currenE easenler~u uhat the tsw~i, Ehe curreNu propert}~ thaE uhe ~ewn owns from Lane ~o the north of uhe Corazzini propertv, if, in hhe unlikely ever~u uhaE Ehe sEaUe would permit s road from hhaE properEy along uhe cap, if uhat were permiuted, cs. uld large ~rucks, such es our Eown' s urac~'or E~ai] er rig uhaE hauls C and Duo psin~s west, ceeid large ,*ehicies ss{ely make e zurn in and cuu c.f EhaE righ~ of wa j? This is a Uwo-p~rU quesuion, can ~hel~ do uhau; and Ehe saccn~ part of uhe quesEion is: Is uhere room for two vehicles ~e acEuall~ pass on uhat turn; is Ehere room {or a large vehicle inbound a~%d a large vehicle outbound Eo meet on tha~ corner? HR. DW/ER: I feel, in cur professional opinion, Lt would be compromising 5he minimum Uurning radiuses %ha~ woul.S be required for 5w.o-wa,p traffic wiuh cracuor ur~iier vehicles 5hat would he Ehe d~reshoii that >~ou would establish for aracuer 5rai!ers as c. eeosed fol just res/dents. I 5hink {~he ph~sical topography of Ehat area as well is no[ con~uci?e as well as leu ge fLtrther 5o north and as you approach ute e;<isuing iimiu of the cap, which has been cerEified and appro%ed b=' ~he s~ate_ HR_ S~EGEL: Any outer quesEions 2 ? 10 1L ~2 iT ~0 2% 8 from the 8oeri? S[IPERV[SC,P. ~/C,RTON: i'.~ like To ask if we could swear John Romaneili {Whereupor:, Control!man Romar~elli was duls~ sworn by a Notary Public of ~t~e S~ate of I.Iew York. '~ SdIPERVIS,Z,N HC, RTON: }~a~~ I ? NN. SIEGEb: Sure. SUPERVISOR HORTON: Prior %o commencing 5b~is proceeding of Eminen5 Domain, you handled negoEiations wiuh Mr_ Cerazzini aczually commenced a 5ransfer of land, a of land, can i~ou just Eeli me ,~'han you specificalli~ commence.~ uhat negouia~ion? CON4CILH~J ROPLd[ELLi: I ti:ink conversations probably started on Ehis suDjacz au leas5 uhree ~o fous lears ago. They t~ad been negotiated bac~: and forti% for tRat period of time. We had reached an agreemen5_ S[}PERVISOR HORTON: Did you reach an egreement ? CO~{CILkAI~ ROMANELLI: Yes, many mimes. S0-PERViSOR HONTON: [gf%a5 was t. he last verbal agreement ENa5 },ou reached7 know the exac5 daze, buu few weeks back, six maybe eigh5_ 'PRe agreement was tRa5 5here would be a land ~ransfer of e~ual wider ef righ5 ef ways, thaE we would relocaue Nr. Corazzini's well, acuuail}~ hook him up to Ehe water auzhori5l% pay the fees for 5hat, also relocate his eleczric beca~tse again, was in tl%e way Of ute easemenE cE. Totgn ' S COS that we would also insuall a fence along the noruhern bet{lex ef our exiszing righu of wa: ~o delineaZa the properties, and 5NeE was agreed upon i beiiezre a few times. CONICi[hM}I} ~ffICNH32, f: in writing? C,D~CILPR[I R,DNRNPX~LI: }¢ever could get iz in writing bun many verbal conversations thee ~he iandfili witll survel-ors, wizh maps, ~iEh di s.?ussi OhS. COUNCILN.,N WICK~t~l.f: %greeO upon bi~ nozh parniesP COUN,ZiLi¥[~q RO[~2{ELLI: Agreed upon by both par~ies zhen the ahtornes's from zhe Town and Pit. CorazziNi's athornes~ wodid draw ,i'i,2[iR'~ R~POS_FIN,~ R2ID TN321SCRiPTI,3'N ~P'~ A~ ,63 1 ) 2 3 6 8 %0 12 13 20 21 22 up conUract, closing papers, iT's hard ko say who_ SUPEP_VISOR ttORTC,N: draw thaE agreemenE up? ,20UI, ICiLHE~ RO~S2'~ELLi: I ~eiieve we have attempead to over the fears many mimes _ SUPERVISOP HORTON: Has eitb_er siee changed the Eerms? ,20Ui, ICiLP,[zA/~ RC}~LA2.IELLI: I~ seems evezy Eime we gob clese, the deal wonld fail aparE or weuld change from ~r. Corazzini's s~s~n~poin~. SUPERVISOR P92R'FON: We didn' chef, ge ~he terms cf s'ar ~greemen~ poinn? SUPERVISOR HOP_TON: We were willine Uo relocaee the unili~ies and nransfer the preperties? CO~CIL[,rL2'I ROP[221~EALI: Yes. Absorb ail ~he expenses for Ehe acqh~isitien. SUPERiziSOR ts add uhat %ge h~d s~rong enough assurances ~h~n ?:e acu~allf Oudgetei in monies ~o execuUe Ehe Lramsference of utilities Eo the northern easemen~ eha~ we ~gouid e~.entu~ily swsp. Se this has been an ongoing process. COUNCIL}lAN ROM31~ELLI: ThaE ' s correcn. SUP~P3~ISOR HORTON: i nave no furEher questiens. fiR. SIEGEL: Az mhis ~ime, Mr. Supervisor, ~ wonia like to ask if ~he 8ablic has any q'~eszicns, co~?sz.e~ts that they would like Eo make concerning ~he acquisition of zhis ~areiculer piece af proper~v? SUPERVISOR MORTON: Any cemments frem uhe public? MR. SIEGEL: P{r. ,2orazzini, i'd like he give yeu an o~pornuni~y ue be heard, zf you wish. PIR_ CORAZZINi: Hi ~ Rich :2oraz zinl. ~.~R. SIEGKL: Do Vou have an2 .~uesuions regarding the acquisimion, proposed acquisition hel~e '-,~U_ T KEPC, RTI[,IG A[~£' TRi~}SCRI'PTION SERVLTE ,631,, 1 2 3 5 10 Ii 12 13 1S 16 18 1.9 2O 21 22 23 2% 25 10 MR_ C.ORAZZI~,TI: Nc. SUPERVISOR HCRT,_,If: FOF cur Feo,oros, can we na~..e ': our address? Junior,. 8500 Nasssu Poin~ Romd, CuEchogue. ques~ions, is there a statement you'd like makeP ~P. ~OR~.,zz~IN[: No. C.~her ~han John's right abou~ uhe agreements that we'~.~e had. And when we gom cleaning m~e properEies up, ~here was aloE of ~hings uha~ needed te be me, ad. Ne looke.i am the situation and we felY Ehat whae we were swapping wasn't as good as what we were geEEing, and mhat's kind of whak changed the compiez~iey of i~. Ne're s~ill willing ~o do a land swap. i don'E wane Ee lose property ~here. Industrial prepert!~ ~ hard enough Zo come bi._ ~{~'ra s~i.!i willing ~o do a land swap, we jus~ feel Lhat the piece of preper~y we're getting is no~ the same as wigan we're giying up. SUPER~ZiS,Z,R NORTON: The square foeEage is the same, ~he zone is the same. I~'s on mhe omher side of ]~our propert}~. HR. COPAZZZNi: The ~-alue of it. SUPER[zlSOR HORTON: Do we know exac~ squsre footage? _UPSR~IS,~,R HORTO[~I: 43,221, ease, we'd be swappi~g 43,000 square feen our propert,~- for 43,000 square feet =-our propert}~, same zone witain the same prshably q~arher mile area, it's no~ awai~ from i-,our ch~rren~ properuy, im suill abuns your surrenu property, i{~ would just be ~o ~he north. m~R~_z, ZzNI: NiEh an indus~riai piece of properEi~ the .closer i,eu move a residential nemghbernoed, the less ts_e propertp's wortl~, in our opinion. Zt also has a lot e,o do wi~h ~his being a ~ig, open area here on this side beiag closer ~e ~8. quantified what ~he difference is in value Lo make a clear cu~ propzsai ~e Ehe I,iE. ,20RAZZINI: I ?;auiin'~ know Now to do Ehat, ~.'lr Wie]Ellam, urn!ess i gee real esEate appraiser in~oived. Ne puE something ferwart wiEh Kieran tb_a~ we Ehomght 1 2 10 11 12 i? 19 20 21 22 23 2~ 11 was fair and worked for us, and wa ....... ~.~nu mo do that land swap. Ne don'~ wan~ to go [:brough zhis whole process c.f Eminent Domain. ,~,~LN~IL~.L~HJ Ni,TKH~2,I: So there has been m specific proposal made? NR. SIEGEL: ~ think that t~a proceeding here today as it relates no ehe property at: issue and aequiring that particular property should be slosed with understanding than wa can conninue em with any negoniauions with Mr. Corazzinl. SUPERVISOR HORTON: i[ agree. The 8o~r.i negotiahed with ~ood faiEh for ..... rea yeavs now to provide this access be. the lar~dfiii, se','erai verbal agreemenns come no fruition on the behalf sg the pawn?- chat we negotiated with in good faith, and I think uhis is a vesy spaciffic preceiure we have embarked on. ! hi, ink ,~e should ,close uh~s hearing with tke understanding than we will discuss nov,, uo proceed with this Eminenh Domains. ,~O~CILNVN ~/I,_K~a.l: PciNE clarificaaion, what i understani from Eminent Domain there's no swag. We would acquire ~he proper~g, and we would essentiali o~m two ~ieces of property. HP_. ~ Is.~EL: Yes, HR. CORCC, NL~I,I: Is there an!kody else in she r~om uhat would like mo be heard c.n the Town's need as discussed and damonstraEed here nodai- [or nba acquisition of ~nl~'~ subjec~ piece of property? Mr_ Corazzini, do you wane Eo say an?thing in tha~ regard? [,IR. ,20NS~ZZIIIi: ITo. .CC, UNCILHAN ROPLZi'~ELLE: I will say ~haE I have been in~.oived in the lanifil[ capping process over m!~ six fears on the Town Board with mraffie flow, capping of project and the solid waste transfer. This exit on Cox Lane, the capping facility and len~fili wes designei with ~his acoess and exit in mind, ~hat's Now long conversanions na,,-e been geh~g en on ~he subjecm. HR. CONCC, P32.[: ~[ere discussions o{ mhe ~greemenE you ~eferred Lc part sf Ehose COURT REP,.ORTI~TG 32ID TP32TSCRIPTDON SER~fICE ,.631, 878-804! i 2 8 9 10 11 12 13 14 IS 1! 1 ~, 21 2!. 25 12 plans? COU}ICIL!vIAiI RC,NLsZIEAI~I: Yes P,~R. CORCORAI}: The Town considered that a proposed acquisition i~ ~ha~ agreemer~t fn making its future plans? ,20UNCI~HAII R,2,~2,I~L~I: les . ~ CC,~Ji~CiL~,LLi,i ~D~,~ARK, S: i have one question of John. So ir~deed, ~he Nroximihy of the acEual capping i~ne to the property i;[ne made the assumption thau ~here would be an easemenT, or ~ccess %~,here we' re Sescribi~g Eta proposed -- 2C, U~ICiLH~i,I R.0~,t~2~IE~hI: ('~ith uno capping line we were dictated by ute state where ~ha[ cap h~d te go by the line e{ garbage in ~ha read. Once we realizsd how close c.h~r cap was to chit ex1sutn.u facii{~y end as we planned future, we tried ~o come up with di f feren~ options. u,~N{ulZ,MP2,~ ED~'iAR2, S: So in effect Eha~ capping ob~ {a~ed, essenEiall'~- eliminated a realistic possibility of using ~he easement. CCUNCILHA!~ ROkmlqELLI: IE changed the view, 5TM,=~ SUPERVISOR HOR'rO[i: ~oUEom line is ns ~la~er Llo. w ~z-on look at i~., no nia~Ee~ wh~E ie~2s i'ou look at ~his issue uhreugn, ~he Town's need for Ehe righ~ of way ~het ~.~'re discussing ~oday is essential ~c Ehe {eEure p~zeelo2 of the Eransfer station? P~N. SIEGEL: T~i~' s correcE. It .,~zz improve saieEv and ~oY ooitzg that i~ will henefiE the public. NiEh ne furuher questio~xs or commencs, uhis eroceediz2c As closed.. SUPERVISOR ~uRDDN: Thank y.gu, aoDrecia~e it. {Time ended: 1,3:4~ a.m. , CCURT R~P.0RTiNG AND 'FP3~NS,2RIPTIO~I oER~.I~S ,: 878-BC, 47 I: 1 2 6 i0 !! 12 25 25 21 24 2~ 13 C E R T I P I C A T i 0 I, Flor~'~l~ce V. Wiles, Notary ~ubiic for the ShaUe of tit{AT Ehe wiEhi~ transcrip~ is a record of ~he testime~y gib;em. I further ~ertifv ~hat ~ am not related by blocd uhis action; and %'~eT i am in no way inr. eres~ea in ~i~e ouEcome of sP~is maEEer. IN ~x;I TNES S hand Ehis 10th da2' of August, 2004. .2.DURI' REPO~T/N,S AND TRMISCRIPTICN SEPSiICE #7087 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 2 weeks, successively, commencing on the 19th day of Auqust ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARY PUBLiC-~TATE OP NEW YORK No, ~1 ~V0610~0~0 QuollfleCl iF, ~ffolk County . · ' PI:III.IC.%0'I'ICI: '~'' '" ~ mg w~ held ~ ~e To~ Bo~ of the ~ To~ (¢ $~Ullhoh~ d~ ~:g~., to ~mm ~e public ~d ~ review c~ pubic us& a~ .~e impae~ On the ~ ~2 _'feet wide atoag ~e leagth o~ ~he. ~ southerly' pO~oa o~e p~i located': - on Cox Lane, SCSI ~1000 8~-i-P/O :}:26.002, located wi~m the Towh :~ ~ Southold, ~?ill benefit the pubUc s eS;;n~M ;6 th~ ~fumre operation 0fFthe· District's ?Bisect-pined land t0 ~e n~h ~f ~e ;land to ~;~g the needs of ~cess tO ~e facili~;. ~is project h~ b~n detemin~ }"the: Town Board of the Towh of BOA~ OF T~ TOWN'OF FOLK, STATE OF ~W YO~ ' ' El~beth A- :Neville ~?08722T 8/19,26 Sou~oU Town Cle*k #7087 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly neWspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been reguJarly published in said Newspaper once each week for 2 weeks, successively, commencing on the 19th day of Auqust ,2004. Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 -V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 Principal Clerk day of ~_].~. _/'~_. PUBLIC NOTICE Pursuant to Article 2 of the Eminent Domain Procedure Law. a public he~- mg was held by the Town Board of the Town of Southold as the governing body of file South01d Solid Waste Management District on August 10, 2004, to inform the public and to review the public use and the impact on the communil3, of the ac.'.qmsition by the District of a strip of lm~d approximately 62 feet wide along the length of the !Collection Facility; will be for the pub- .lic purpose of providing improved , access to and efficiency of the facility; Will permit coordination with the ex~st- lng traffic signal on Cotm~ Route 48 and provide for an efficient, orderly and s~e access ~o the facility; and that the District-owned land to the north of the land to be acquired is incapable of serv- · lng the needs of access to the facility. This project Ires been detemained by I the Town Board of the Town of Somhold, as lead agency, to be a.n unlist- I ed action without a significant impact on the envhronment. DA~i~;D: August 10, 2004 I I BY ORDER OF THE TOWN I, ,, BOARD OF THE TOWN OF · SOUTHOLD COUNTY OF SUF- FOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk 7087-2T 8/19,26 Legal Notice 13001816 NOTICE O F PUBLIC HCA. RING NOTICE IS HEREBY GIVEN, emin0 b0dy0r the ~outholO~ol- Soufli~ld New Yotk; pumuant IATEMEI~r~"~ATE . .IE"./CLENT )UMBER WHENMAKIN~ PAYMENT A TRIBUNE PUBLISHING - ADVERTISING INVOICE FED. ID # 11-222-4926 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11:971-095~! ME i ..... , ............ T ....... IIPI'IO~I ,ill ', i,, .' EDTN/CLS DIMJ/SlZ~ TIMES RATE CURRENT GROSS CURRENT NET :hard W. Jr, .'. BILLED :TM # I000-84;1 -PlO 26.002 U N ITS )vide improved ingress and S0 1XO45L 05 225L 796.50 ~sle Transter'Facilibj. Wn of SOutho[d, as lea¢ ~ES gO00 ly13 ~0o4 r0WN OF SOUTH{: 796.50 ORDER OP TI~E TOWN ' rlZAB ETH NEVILLE 5WSDAY PROOF CLAIM VOUCHER WE HEREBY CERTIFY THAT ALL ITEMS OR SERVICES APPEARING ON THIS INVOICE WERE PUBMSHED ON THE DATES INDICATED. THAT THE INVOICE IS CORRECT AND THAT PAYMENT HAS NOT BEEN RECEIVED. TAXES FROM WHICH YOU ARE EXEMPT ARE NOT INCLUDED. FED. I.D.# 11-222-4,926 BY CARL DEMARCO TITLE: BILLING MANAGER IN ORDER TO INSURE CORRECT AND TIMELY APPLZCATZON OF YOUR PAYMENT, PLEASE BE CERTAIN THERE IS CLEAR AND ACCURATE RETURN ADDRESS ZNFORNATZON ON YOUR ENVELOPE. 796.50 '1 C O M P A N Y ADVERTISING INVOICE LGLS BILLING PERIOD07/26/04 - 07/30/04 BILLED A/C N0. ADV/CLIENT N0.O82624301 O00OOOOO0 TOWN OF NAME 0F ADVERTISER CLIENTsouTHOLD li:::ii;i::!i!i::![i:i::i;!:'::iii!~i[~i~i::iii::ii::!i;iiii: NEWSDAY, INC. P.O. BOX 9575 UNIONDALE, NY 11555-9575 FOR PROMPT PAYMENT APPLICATION PLEASE DO NOT STAPLE OR HRITE ON THIS DOCUMENT. PLEASE REMZT TMZS PORTZON HZTHYOUR PAYMENT A $15.OO SERVZCE CHARGE MILL BE IMPOSED FOR ANY RETURNED CHECKS O 0826243010000000004 0383020013 0000796508 ELIZABETH A. NEVILLE TOWN CI,ERK REGISTP~R OF V~T.~L STATISTICS iViAIL~L~GE OFFICER I~ECOKDS iViAI~AGHMENT OFFICER FREEDOM OF Ii~FOP&~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~hfork.net OFFICE OF THE TOWN CLERK TOV~N OF $OUTHOLD August 16, 2004 Mr Frank Isler Smith, Finkelstc'm, Luudberg, Isler & Yakaboski, LLP 456 Griffing Avenue PO Box 389 Riverhead, NY 11901 DearMrIsler: Enclosed find a copy of thc Findings & Determination certified resolution that was adopted at the. August 10, 2004 regular Town Board meeting_ Also enclosed is a copy of the Public Notice that will be published for toro (2) consecutive wee~ starting August 19, 2004 in the Suffolk Times newspaper. Please call me if you require any other documentation for your files. Very truly yours, Lynda M Bokn Deputy Town Clerk CC:'Eminent Domain file Town Attorney © © PUBLIC NOTICE Pursuant to Article 2 of the Eminent Domain Procedure kax~5 a public heating was held by the Tox~m Board of the Toxxm of Southold as the goverrdng body of the Southold Solid Waste Managemem D~trict on Au. gust 10, 2004, to inform the public and to re~qew the public use and the impact on the community of the acquisition by the District of a strip of land approximately 62 feet wide along the length of the somberly portion of the parcel located on Cox Lane, SCTM ~1000-84-1 -P/O 26.002, located ;~4thin the Toyota of Southold, to provide improved access to fl~e District's Commercial and ResidentialRecycl/ng Collection Facility. Reputed Ox~mer: Corazzini, Richard W. Jr. On the 10th day of August, 2004, the conderanor made its findings and determination based on the hearing. A copy of the find/ngs and determination will be fonvarded to any interested person ~vithout cost upon written request to the Clerk of the Town of Somhold, 53095 Route 25, Southold, New Yor~ 11971. A synopsis of the findings and detem~ination is as follows: The Tox~m Board of'the Towm of Southold, as the governing body of the Southold Solid Waste Management District, has found and determined that the acquisition of the subject property will benefit the pub//c; is essential to the future operation of the District's Commercial and Residential Recycling Collection Facility; ~fill be for the public purpose of proxSding improved access to and efficiency of the facility; will permit coordination with the existing traffic signal on County Route 48 and provide for an efficient, orderly and safe access to the facilitS~; and that the District-owned land to the north of the land to be acqtdmd is incapable of serving the needs of access to the facility. This project has been determined by the Totem Board of the Town of Southold, as lead agency, to be ma unlisted action without a sigvJficant impact on the em'ironment. DATED: August 10, 2004 BY ORDER OF THE TOBqN BOARD OF TIlE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Nex411e Southold Town Clerk PLEASE PUBLISH FOR TWO (2) CONSECUTI}~ WEEKS COMMENCLNG ON AUGUST 19, 2004 AND FORWARD THREE O) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TO;¥SXT CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, N~' 11971 Copies to the following: The Suffolk Times Jim Bunchuck, S~rMD Town Board Members John Cusl~rnan, Comptroller Town Attorney Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY' OF SUFFOLK) ELIZABETH A~ NEVILLE, Tox;qa Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of ~ 2004, she affixed a notice of whick the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Tox~2a of Southold, Suffolk County, New York, to wit: Town. Cterk's Ball'erin :Board, 53095 Main Road, Southold, NTew York. Eminent Domain: Corazzini ~'~ Eliz,~beth A_ I{ex4lle Southold Town Clerk Sworn before rr~ tlfis [ [ day o£~, 2004. LYNDA M. BOHN NOTAJ:i~ PUBLIC, State of Ne~ York · . ~ .... No. 01BO6020932 Qr. la~f'ted in Suffolk C~un~ Ten'n F_xpires March 8, 20 .~ 2 TOWN OF SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT PUBLIC HEARING OUTLINE SECTION 203 OF THE EMINENT DOMAIN PROCEDURES LAW) The following outline is submitted to those attending the public hearing scheduled for 9:00 A.m. on August 10, 2004 to determine the need for and the location of the proposed acquisition of an approximately 62 foot wide strip along the length of the southerly portion of property located on Cox Lane to provide access to the District's Commercial and Residential Recycl/ing Collection Facility located in Cutchogue. PURPOSE OF ACQUISITION: The acquisition of the property will provide a new access road to the District's Commercial and Residential Recycling Collection Facility off of Cox Lane thereby redirecting auto and truck traffic fro~ the present entrance directly off of Route 48. This will significantly improve traffic flow on the site. It will also redirect the vehicle flow away from the residences immediately to the west of the present curb cut onto County Route 48~ Use of this new access from Cox Lane will direct traffic to and from County Route 48 at a signalized intersection rather Ehan at the uncontrolled, existing cut in the median thereby significantly improving traffic flow and safety- While the District owns a strip of land to the north of Corazzini's Asphalt Plant that fronts on Cox Lane, it is not suitable for use as access to the Commercial and Residential Recycling Collection Facility for several, independent reasons. Due to its confignration, the turns required to bring auto and truck traffic to and from the Commercial and Residential Recycling Collection Facility would require significant construction on the capped landfill which, if not barred by the State, would be cost prohibitive. The use of the District-owned strip would bring traffic further north on Cox Lane, bringing traffic flow closer to the Matthews Lane residential community. This is not a desired result. In addition, the route to and from Cox Lane to the Commercial and Residential Recycling Collection Facility would be extremely circuitous and unnecessarily c6stly. Use instead of the property proposed for acquisition would place the access straight into the facility, would limit the traffic flow to a commercial/industrial zoned area, and would not impact on the capped landfill. BENEFITS: The acquisition will significantly improve traffic access to the District's Commercial and Residential Recycling Collection Facility while reducing the traffic impacts that exist from the current access directly from County Route 48 and virtually eliminating all traffic impacts upon the residences immediately to the west of the site. The proposed access will improve overall traffic Cnditions and safety alon~-~is portion of County Route 48. PROPERTY LOCATION: Cox Lane, Cutchogue, New York SUFFOLK COUI~TY TAX ~AP NO.: 1000-84-1-p/o 26.002 A map of the property to be acquired is available for inspection at this public hearing. REPUTED OWNER: RICF~ARD W. CORAZZINI, JR~ NEWSDAY AFFIDAVIT OF PUBLICATION ~ £ECEIVED TOWN OF SOUTHOLD .~PO BOX 1179 ~SOUTHOLD NY 11971-0959 STATE OF NEW YORK) :SS.: ,COU~qTY OF SUFFOLK) Ma&line Johansen Legal 13001816 of Newsday, Inc., Suffolk County, N.Y., being duly sxvom, says that such person is, and at the time of publication of the annexed Notice was a duly authorized custodian of records of Newsday, Inc., the publisher of NEWSDAY, a newspaper published in the County of Suffolk, County of Nassau, County of Queens, and elsewhere in the State of New York and other places, and that the Notice of which the annexed is a true copy, was published in' the following editions/ co'dnties of said newspaper on the following dates: WEDNESDAY JULY 28 2004 Suffolk THI. YRSDAY JULY 29 2004 Suffolk TUESDAY JULY 27 2004 Suffolk FRII)AY JULY 30 2004 Suffolk MONDAY JULY 26 2004 Suffolk Sworn To Before Me This 30 day of July 2004 NotaL'y Public Lega Notice 13001816 NO~CEOF PUBLIC HEARING NOTICE I$ HEREBY GIVEN, NEWSDAY PROOF © Customer: TOWN OF SOUTHOLD Contact: LYNDA M, BOHN Phone: 6317651800 Ad Number: 13001816 Start Date:07~26~2004 End Date: 07/30/2004 Times: 5 Price: $796.50 Size: 1 x 48 Section: CL Class: 9000 Printed By: C204 Date: 07/21/2004 Signature of Approval: Date: Zones; #7045 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly .sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk .and State of New York, and that the Notice of which the annexed is a printed oopy, has been regularly published in said Newspaper once each week for 2 weeks successively, commencing on the 22nd day of July ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARY PUELIC-I~TATE OF NEW YORK No. 01 -V06105050 Qualified In SuffoJk County Commission Explre~ February 28, 2008 ' ',~,?NOT](~EOF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a public he,ring will bc held before ~hc Town Board of the Town of Sou[hold, as the govenfing body of the Southold ~:Solid Waste Maoagement District, on ~[;the 10th day of August; 2004 at 1~00 a.m. of that day at the Town Halt. 53095 ~'Route 25, Southold. New York. pttr~uant to Ahicle 2 of khe New ~,ork State ;~'Emirtent Domain Procedure Law with ~(:respect to the proposed aEquisition of a 75 foot ,.~ ide slrip along the ler, gth of the southerly portion ot rue follo',~m~; p,ucet located on Cox Lane wittun th.' [own of : Southold to provide acce~q to th,: [h:.mtct- Commercial and Reside. ntizl i~Recycling Collec[ion Fac(IiW. ~--i Reput~f Owaez: Comzzhd, Richard · ~" W. Jr. . ~2, SCTM#: 1000~84-1-P/O 26.002' ~5'; The acquisition is Fropused ro pro- ~-:~ide improved ingress and e~ress tO the. ' ~Districr's Solid. Waste Transfer Facility. ~'": rhls project h~ been deten'nined by ;~the To~,/n Board of the Town of ~, ~' Southotd, as lead anency, to-be an untist- Daled: Southold. Ne~ 'took .lulv 13. 2004 B'z ORDER OF ~ fO'¢.~q BO.MRD OF ~ I'OV~N OF SOl ~THO[ D, ~S GOVERN~N-G BOD't OI- II-E. SOUfHOLD SOLID WASTE I~L~iAGEMEN~- D[SIRICI ELIZABETH N%W IL LE TOWN CLERK 7045-1T 7/22.29 ~ r~l [] Express Mail ; PS Form 38T1, AJ, gb'S[ _300~ , ~ 8547 8994 h.lh,,~hh,.J1.,li [,,,,Iii (.3 ELIZA~BETH A. N~VILLE TOWN CLERK REGISTI~ OF VIT,kL STATISTICS NLA~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER - FREEDOM OF INFORIVLiTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 so utholdt own.nor thfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 21, 2004 Chick Voorhis Nelson, Pope & Voorhis, LLC 572 Wait Whitman Road Melville, NY 11747 Dear Chick Enclosed find a copy of the certified resolution of the SEQRA resolution for the acquisition of the land of Richard Corazzini, SCTM # 1000-84-1- p/o 26.2. Very truly yours, ,~.~ U.S. Postal Service "~'~." CERTIFIED MAIL,,., RECEIPT ' ~o~&~ic ~.il Only; No Insurance Coverage Provided) Lynda M Bohn Deputy Town Clerk [] Agent prated Ne. me) I C. Date of Delivery ~ess ~ff~from item . lelivery address below: [] No ~1 [] Express Mail ~ [] Return Receipt for Mercha~dis~ , Iii [2 C.O.D. ' ivery? (Exam Fee) [] Yes i ELIZABETH A. NEVILLE TOWN CLERK REGISTtLkR OF VITAL STATISTICS MARR!.AGE OFFICER P,,ECORDS 1V~NAGEMENT OFFICER FREEDOM OF INFOtLM~_TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF TI-I~ TOWN CLERK TOWN OF SOUTHOLD July 21, 2004 Mr Frank Isler, Esq. Smith, Fk~elstekn, Lundberg, Islcr & Yakabosld, LLP. PO Box 389 456 Gfiffing Avenue Riverhead, NY 11901 Dear Mr. Frank Isl~: Enclosed find a copy of the certified resolution and a copy of the legal notice setting the public hearing for the acquisition of the land of Pdchard Corazzini, SCTM fi 1000-84-1- p/o 26.2, along with a SEQRA certified resolution_ Very truly yours, I '"0.S. Postal Service~,, 1-~~J~~., ,.q'q C~ER-.-HFIEDr~'r MAIL,., RECEIPT . [] m . (Domestic Mail Only; No insurance Coverage Provideo'}'~ ~ ,: : ~ ~ ~ ~ ~, = .... · -W- , ~" ....... ~ ~ ~ ": ' r'~ (ff~ F'lAddressee I~;.~.~,'~;:~ .~ >7..~:_~ ~.., :--':., ;.~,~..- t q m ........ t ~nnreo~N.ame) -- lC. DatelofDe!i)(ery =r~ t ~er~r. dFee ~.~'~l-~x.~ Ireas different from ii~m l? I~Yes ~ ~'- ~' ?Pos~ark x~k delivery address below: [~No D t Re[am RecJept Fee .~,/ Io,~o.=~'~ ~ '~5 ~,, []c.o.D. ~~~if,;-g~,'~ ............... ~- .............................................. 7-- i;l PS Form 3811. February 2004 Domestic Return Receipt 102595-92 M 1,540 20/O7 '04 TUE 08:lfi FAX 031 78S 6145 SOUTIt0L9 T0~N CLERK [~00i *** TX REPORT TR_~SM[SSION OK TX/RX NO CONNECTION rI~L CONNECTION ID ST, TI3IE USAGE T PGS, SENT RESULT 0707 96943259 NEWSDAY 20/07 08:1§ 00'52 OK ELIZABETH A. NEVILLE TOWN CLE'RK t~EGISTiqAi{ OF VIT~J~, STg. TISTICS l%La~RRL~GE OFFIC~I{ I{ECOP~DS I~L~NAGE~IENT OFFICER FREEDOM OF INFO~TI~N OFFICER Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~holdtowt~northfork,net OFFICE OF TI-HE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSM/TTAL TO: NEWSDAY - ATTENTION MADELINE FROM: LYNDA 3/1. BOtt~ DATE: 7/20/2004 RE: LEGAL NOTICE Number of pages being faxed 1 including cover page If total trm~smittal is not received, please call 631 765-1800. fax 631 765-6145 For Publication in the July 26, 2004 issue for five (5) consecutive days Please acknowledee receint of this leeal notice bv si~nine below and retUrnin ~ by fax tn © © ELIZABETH A. NEVILLE TOWN CLERK REGISTIL~R OF VITAL STATISTICS M_a~RRL~.GE OFFICER . RECORDS 3~IANAGF~IENT OFFICER FREEDOM OF INFOt~£tTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southotdtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD F.4X TR~MNSMITT_&L TO: NEWSDAY - ATTENTION M.M)ELINE FROM: LYNDA M. BOHN DATE: 7/20/2004 RE: LEGAL NOTICE Number of pages being faxed 1 including cover page If total trmasmittal is not received, please call 631 765-1800. fax 631 765-6145 For Publication in the July 26, 2004 issue for five (5) consecutive days Please acknowledge receipt of this legal notice by signing below and returning by fax to 765-6145~ attention: Lynda Bohn. Thank you. Received By Date LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a public heating will be held before the Town Board of the Town of Southold, as the governing body of the Southold.Solid Waste Management District, on the 10th day of Augxtst, 2004 at 10:00 mm. of flint day at the Town Hail? 5309f Route 25, Southold, New York, pursuant to Article 2 of tho Nexv York State Enfment Domain Procedure Law with respect to thc proposed acqtdai~tion ora 75 foot Wide srdp ~ong ~he length of the southerly portion of the follow'rog parce~ [ocated on 'Cox Lane within the Town of Smtthold, to provide access to the Distfict'~ C0mmercial anti Residenfial?,ecycling Collection F~cihty. R~ptrted Owner SCTM# CorazTinl, Richard W. Jr. 1000-84-1-P/O 26.002 The acquisition is proposed to provide improved ingress and egress to the District's Solid Waste Transfer Facility. This project has been determined by the Town Board of the Town of Southold, as lead agency, to be an tmlisted action. Dated: Southold, Ncxv York July 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, AS GOVERNING BODY OF THE SOUTHOLD SOL1D WASTE MANAGEMENT DISTRICT ELIZABETH NEVILLE TOWN CLERK PLEASE PUBLISH ON JULY 22, 2004, .AND FOR~VARD T~VO .(2) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179~ SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Towm Board Members Tox~m Attorney Accounting SWMD Town Clerk's Bulletin Board © ,O STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZAdiETH A. NEVII, LE, Tox~-n Clerk of the Town of Southold, New York being duly sworn, says that on the ~ I day of ~ ,2004, she affixed a U 0 notice of which the annexed printed notice is a tree 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, 53.095 MainRoad, Southold, Igew York. PUBLIC HEARING: August 10, 2004, 9:00 AM -- ~,/i~abeth A. Nevil(e - Southold Town Clerk Sworn before met{his n ~ day of ~ ,2004. ~otary Public LYNDA M. E~OHN ~TARY PUBLIC, State of New York No. 01B06020932 Qualified In Suffolk County Term Expires March 8, 20 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTi~R OF \qT_kL STATISTICS i%Lk-RRL~GE OFFICER RECORDS I%LANAGEI%LFaXIT OFFICER FREEDOi',I OF INFORNLkTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 s outhaldt o~rn J~or thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTYIOLD TInS IS TO CERTIFY TFLkT THE FOLLO%VING RESOLUTION NO. 560 OF 2004 ~VAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2004: RESOLVED, that thc Town Board of the To;~a~ of Southold, as the governing body of thc Southold Solid Waste Management Dis~ct, hereby determines to hold a public hearing on August 10, 2004 at 9:00 o'clock a.m. of that day at the Town Hall, 53095 Route 25, Southold, New York pursuant to Article 2 of the Ne~v York State Eminent Domain Procedure Law with respect to the proposed acquisition by under the New York Eminent Domain Procedure Law of a 75 foot wide strip along the length of the southerly portion of the followin~ parcel located on Cox Lane within the Town of Southold, to provide access to the District's Commercial and Residential Recycling Collection Facility located in Cutchogue: Reputed Ow'her SCTM# Corazzini, Richard W- Jr. 1000-84-1-P/O 26.002 The property to be acquired is needed to provide improved ingress and egress as part of the as part of the improvements to the District's Commercial and Residential Recycling Collection Facility. The Tow~ Board, as the governing body of the Southold Solid Waste Management District, has determined that the acquishion is an unlisted action with no significant hnpact on the envirorrment under the State Envirmmaental Quality Review Act and the regulations promulgated thereunder. ._ . © © RESOLVED, that the Town Clerk is hereby directed to publish the al~ached notice of public heating as follows: a. in two (2) successive issues of the St~ffolk Times, the official newspaper of the Town of Southold commencing on Thursday, July 22, 2004, and b. in five (5) successive issues of Newsday, a newspaper of general circtdation within the Town of Southold, commencing on July 26, 2004; and be it further RESOLVED, that the Toxxm Clerk is hereby directed to forward a certifiec~ copy of this resolution and the attached notice to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901; Patricia A. Finnegan, Town Attorney; James Bunchuck; and reputed owners. Elizabeth A. Neville Southold Town Clerk C~ ELIZABETH A. NEVILLE TOWN CLERK REGISTIL, kR OF VIT.,kL STATISTICS MAHHIAGE OFFICER RECORDS MANAGEIvlENT OFFICER FREEDOM OF I~FOI~vLa-TIOIq OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-t800 southoldt owmnor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TH~ FOLLOWING RESOLUTION NO. 559 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON JULY 13, 2004: WHEREAS the Southold Solid Waste ManagemeRt District is considering the acquisition of a 75 foot wide strip along the len~h of the southerly portion of the parcel located on Cox Lane, (SCTM # 1000-84-1-p/o 26.002), reputed oxwner Richard Corazzini, Jr. as part of the improvements to the District's Commercial and Residential Recycling Collection Facility (hereinafter "the project"); and WHEREAS the District is h~ receipt of and lias reviewed the EAF, Parts 1 and 2 with respect to the project and have received and reviewed the recoimnendations of the District's consultants, Nelson, Pope & Voorhis set forth in the EAF Part 3 xvhich found no significant adverse impact fi.om the project; and WHEREAS, based upon these submittals, the To~xm Board, as the governing body of the Southold Solid Waste Management District, determines that the project is an unlisted action without a significant hnpact on the environment; NOW THEREFORE, BE IT RESOLVED that the Town Board, as the governing body of the Sunthold Solid Waste Management District, hereby declares that it is the lead agency with respect to the project; and it is further RESOLVED that a negative declaration under SEQRA_ issue and the EAF Part 3 is herebv adopted and incorporated by reference; and it is further RESOLVED that Town Clerk is hereby directed to forward a certified copy of this resolution by regular mail to Nelson, Pope & Voorttis; Frank A. Isler, Esq.; and the Town Attorney. Elizabeth A. Neville Southold Town Clerk N25'42'54'V 36.17' N44' % / / / / / / / / / / / / / LANDS OF RICHARD CORAZZINL JR, NOTE~ ALL INTERIOR STOCKPILES OF MATERIAL NOT SHOb/N BECAUSE JIF THE DYNANIC NATURE OF THE ACTIVE SITE, / / PARCEL OVNEI) BY TOk/N DF SDUTHOLD / ! TO BE ACQUIRED Suffolk County Real Property Tax Map Parcel owned by Town of Southold District 1000 Secbon 006.00 Block 01.00 Lot 017.003 Parcel to be acquired by Southold Town Solid Waste Management District District 1000 Section 084 O0 Block 03.00 Lot pta 026.002 / ¢ CERTIFIED TD: SDUTHDLD TDIVN SDLID RICHARD iV. CORAZZINI Decision 2000 iVASTE NANAOENENT DISTRICT I HEREBY CERTIFY THAT THIS MAP WAS MADE FROM AN ACTUAL SURVEY COMPLETED BY ME ON 03/24/2003 ROY R. FULKERSON, N. Y.S. P L.S.. NYS LICENSE NO. 49500 SURVEY OF PROPERTY ACQUISITION SITUATE AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 5O GRAPHIC SCALE 20O ( nq VggT ) 1 inch = 50 ft. APRIL2,2003 AREA OF PARCEL OWNED BY THE TOWN OF SOUTHOLD = 45,221 SQ. FI. OR 0.992 ACRES AREA OF PARCEL TO BE ACQUIRED B~' SOUTNOLD TOWN SOLIB WASTE MANAOMENT DISTRICT = 45.221 SQ. FF. OR D.992 ACRES SYMBOL LEGEND g~ TREE f. Measurements are in accordance with US Standards. Z Unauthorized alteration or addition to a survey map beadng a Professional La,nd SurveyoFs Seal is a violation of SecEoo 7209, Sub-Section 2, of the New York State Education Law. 3. Guarantees or cerdf~cations indicated hereon signify that this survey was prepared in accordance with the existing "Code of Practice' for Land Surveys adopted by the "New York Association of Professional Land Surveyors~ Said guarantees or ce~cations shall run only ia the person for whom the survey is prepared, and on his behalf, to the title company, governmental agency, and the lending ins~'tuhon listed hereon and the assignees of the lending institution. Guarantees or certificaitons are not transferable to additional institutions or subsequent o~ners. 4. Copies from the ~ORIGINAL' of this survey map, not bearing an "ORIGINAL' of the Lend Surveyors "INKED" or "EMBOSSED" seal shall not be considered to be a true and valid copy. 5. Rights-of-way t~ot shown, ara not cer/#ied. 6. The survey"closes~ mathematically. BY REVISIONS Town of Southold Suffolk County, New York PROPERTY OF RICHARD W. CORAZZINI SURVEY OF PROPERTY ACQUISITION L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS 80. COUNTRY ROAD, BR00KItAVEN, NEW YORK Demgned B~ K.O,/J,L, Scale: 1'= 50' Sheet NO. By, MA Date: 3-26 -2003 Approved By; EAB File No. 03012,000 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@t own.southold,ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town,southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny,us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Esq. Town Attorney October 28, 2004 Town of Southold w/Corazzini (Corazzini Land Swap) SCTM No. 1000-84-1-26,5 Attached is the original, recorded Bargain and Sale Deed in connection with the referenced matter for your records. If you have any questions, please feel free to call me. Thank you for your attention. PAF/Ik Enclosure cc: Members of the Town Board (w/o encl.) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt Number : 04-0111277 TRANSFER TAX NUMBER: 04-10374 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 10/07/2004 10:59:53 AM D00012347 764 Lot: 026.005 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert.Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~%~L.Pres Fees Paid TRANSFER TAX NUMBER: 04-10374 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $165.00 $0.00 $0.00 $0.00 $242.00 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County BETWFFN RICHARD W. CORAZZINI, JR., residing at party ofthefi~ paa, and TOWN OF SOHTHOLD SOLID WASTE MANAGEMENT DISTRICT, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York 11971 party of the second part, WlTNE.~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideralion paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, l~iece or parcel of land. with the buildings and improvements thereon erected, situate. lying and being in the SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF a portion of BEING AND INTENDED to be/the same premises conveyed to the party of the first part by deed dated May 25, 1999, and recorded in the Office of the Suffolk County Clerk on July 7, 1999 in Liber 11973, page 984, made by Richard W. Corazzini, Sr. TOGETHER ~ith all right, title and interest, if t~y. ot thc pa~t} of tfie first part in and to an) streets and roads abutting the above described premises to the center lines thereof; TOGETItER with the appurtenances and all the estate and rights of the party of the first part in and to said premis~: TO IIAVE ANI) TO HOLD ANI) the part} .f the first part covenants that the paJ~t3 ~;I the first ~art has not 8onF ~;~'~ffered an)thing wbereb} the said premiss have }~en e : ~ ~ ere I ar.; wa~ whate;er, exce~as afor~. AND thc part) of the first part, in compliance with Section 13 of tbe Lien La;~. coxenants that the party of the first part will receive the consideration for Ibis con~e~an¢e and ~ill hold the right h, r~:eive such consideration as a trust fund to be applied first for the purpose of pa~ing ~e cost of thc imp)ovement and ~/ll appl) the same first to The word 'party" ~hall t e ¢onstrued as if it read "parties" whene~er the sense of this indenture so re( rares. IN WITN~S WHEREOF, the part) of the first part has dui; executed this deed the da; and yel first aboxe RI~A~.( CORAgZI~ JR. ~0E0-I06ItoNd!Z ~aox ~ON 6~ xo~ Od 'onUOA~ 5uTeri2D 9~ d~ ~Tqsoq~M~X pu~ · asaI :O,L ffIVlq A~ N~IEI&~ · DI~IG AN~D~N¥~ ~ASWM GI70$ GqoHAflOS ~O NMOA M~O£ ~I0 iqOLLDMg (oJa~) s~a (so)ssaulva ~u!q!~osqns p!P,s mql :luatumlsu! -oJoj oql polnoo×a oql,. ptr~ u! p;;Kl!lasap (s)l,snp!A!pu} oql aq O1 mtt 17} u! (s)op!sa~ ,(aql/oqs/aq mql K~s pu? asodop p!p 'tuo~s Kinp atu /{q ~u!acI 'oq~ 'polu!~nb:m KllV, UOS~ad me I tuoq~ ql!~ 'luatumlsu! ~u!o~o~oj aql ol (sa)ssoul!~ ~u!q[~osqns at0 · pouB!s~opun oql 'om poJ~odd~, ,{ll~UOs~ad uo Jo ,(lu no2) u! pau§!s~apun otO a~ojaq aatm.m, adde qans opv, m IP, np}A!pu! qans Imp ptm 'mammlsu! atO palnoaxa (S)lunp!^!pu! atll qa!q~a jo jlUtloq uodn uosaad qpu! at0 'luammlsu! oql uo (s)alnluu~}s J?tll/aoq/s!q ,(q l'eql pu,e '(sa!)Ll!a~,dua J!aql/~aq/s!q u! ames oq; pamaaxa ~iaql/atlS/aq l~gql atu ol pogpal,'aomla~ pue tuomrulsu! u!ql{~ aql o{ poquosqns (a~) s! (s)ameu asoq~ (s)l~npp,!pu! -s[ms jo s}s~q atl] uo am ol pa^oJd Jo am m u~ou~ Xlle, uosJod 'paug!saapun aql 'am aJojaq poj~.odd~, ,~Ill~llOSlOd uo :'ss jo ,~luno 0 't Iqnd/~a/B:ION (s)Fnp!^!pu! atp qo!q~ -[pu! oql 'luommlsu! oql uo (s)a~nmu~[s .qoql/Jaqfs!q ,iq mql paP, Imll am ol p$~ilpol~otola~ ptm lUaturulsu! u~tIl!~ atll ol poq¢~sqns (am) s! (s)attmu oSOtl~ (s)[~,np!^!pu! Otll aq ol a3uopvo -aejS!l~,,s: ]o s!s~q atll uo om ol pa^o~d ~o atu ol u~ou'~ ,qlp,,uos~ad ' INIZZ%fHOD 'bi (IEI'gHDIH POJeaddlZ£ileUffJa~ :'ss ~I ]]OJ J r't~ jo glu no.~ Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 31 Page / Filing Fee Handling 5. 00 Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. ,30-- Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other Sub Total Grand Total .'~ d ~ ,'" 4 I Dist. Real Property Tax Service Agency Verification 04042998 zooo oa4oo ozoo 026005 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 I RECORD & RETURN TO: PRANK A. ISLER, ESQ. Smith, Finkelstein, Lundberg, Yakaboski, LLP 456 Griffing Avenue Islet and RECORDED 2004 Oct. 07 I0:59:53 Eduard P.Romaine CLERK OF SUFKOLK COUHTV L D00012347 P 764 DTff 04-10374 Recording / Firing Stamps 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax (-,~'~ ! Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # af this instrument. Community Preservation Fund Consideration Amount $ 0. O0 CPF Tax Due $ 0.00 Improved Vacant Land TD TD PO Box 389 Riverhead, NY 11901-0203 17I Title Company Information ICo. Name ~-~0~, ~-,~,~ 8 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached RICHARD W. CORAZZINI, JR. BARGAIN AND SALE DEED madeby: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southo 1 d TOWN OF SOUTHOLD SOLID WASTE In theVILLAGE MANAGEMENT DISTRICT or HAMLET of Cutcho~ue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you ma_v be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10~ and on or before May 313'. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay,uent. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 {631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631} 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631} 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk 12 0104:: 07/02cg SCHEDULE A ALL that piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, State of New York shown as Parcel 2 on a survey prepared by L.K. McLean .Associates, P.C. dated April 2, 2003 under Project No. 03012.000, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly boundary of Cox's Lane where it is intersected by the division line between the lands of Richard Corazzini, Jr. on the west and the hands now or formedy of on the east on the east, said point being 369.00 feet westerly along the aforementioned southerly boundary of Cox's Lane from the northwesterly terminus of the curve connecting the westerly boundary of C.R. 48, Middle Road with the ' aforementioned southerly boundary of Cox's Lane having a radius of 71.52 feet and an arc length of 122.80 feet. THENCE S. 29 "38'08" W., along the last mentioned division line, 704.03 feet to a point on the division line between the Lands of Richard Corazzini, Jr. on the north and the lands of the Town of Southold on the south. THENCE N. 57°31'13" W., along the last mentioned division line, 61.60 feet to a point. THENCE N. 29°38'08'' E., through the lands of Richard Corazzini, Jr., 700.97 feet to point on the aforementioned southerly boundary of Cox's Lane THENCE S. 60°21'52" E., along the last mentioned boundary, 61.52 feet to the point or place of beginning. The above described parcel contains 43,221 square feet or 0.992 acres more or less and is also shown on the County of Suffolk Real Property Tax Maps as District 1000, Section 084.00, Block 03.00 and a portion of Lot 062.002.