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LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNIW
lori.montefusco(4)town.southold.ny. us
seOTI A. RUSSELL
Supervisor
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia. finnegan(g)town.southold.ny. us
KIERAN M. CORCORAN
ASSIs'rANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
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:
Members of the Town Board
From:
Patricia A. Finnegan, Esq., Town Attorney
Date:
May 15, 2007
Subject:
Stankevich/Eminent Domain
Please be advised that title to the property located behind Town Hall has
vested in the Town of Southold. The property owned by the Town is the back
half acre of the property housing the thrift shop/parish outreach, formerl,' Qwne-:J
by George Stankevich. Once Mr. Stankevich makes claim with the Court for
payment, the appraisal will be updated and the amount to be paid will be
decided.
PAF/lk
cc: Ms. Elizabeth A. Neville, Town Clerk
Mr. James McMahon, DPW Director
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION 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 THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 293 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, upon due notice the Town Board of the Town of Southold held public
hearings pursuant to Article 2 of the New York State Eminent Domain Procedure Law on
January 5, 2005 and April 19, 2005 at the Town Hall with respect to the proposed acquisition of
premises located in the hamlet of Southold and lying east of Horton's Lane and north of the
location of the existing Town Hall facility, comprising the eastern portion (approximately one-
half) of premises reputed to be owned by George and Margaret Stankevich, identified on the
Suffolk County Tax Map as District 1000, Section 61, Block 1, Lot 3, to inform the public and to
review the public use to be served by the acquisition and to review the impact of the acquisition
on the community;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold makes the following Findings and Determination:
FINDINGS AND DETERMINATION
1. The acquisition will benefit the public, in that the space available in the existing
Town Hall is insufficient to serve the general public needs of the community, in that existing
offices are overcrowded, basement areas of the existing Town Hall that were not designed for
this type of occupancy are being used for office space for date processing, maintenance, and
Town Clerk staff, existing records and vault storage is inadequate, expansion of the existing
Town Hall building would not create sufficient space, and the large expense required to
rehabilitate the existing building to provide space that would remain insufficient, would be an
inappropriate use of public funds, and the temporary relocation of certain Town offices to the
"Bank Annex" provided only a short-term and partial solution to the problems created by the
insufficiency of space in the existing Town Hall facility.
2. The acquisition will be for the purpose of providing area for the expansion and
reconstruction of the Town Hall facility in Southold.
3. The approximate location for the proposed public project and the reasons for the
selection of that location are:
a. The approximate location for the proposed public project is 0.471 acres or
20,514 square feet, more or less, lying east of Horton's Lane and north of
the location of the existing Town Hall facility;
b. This location was selected for the project because of its area and
contiguity to the existing Town Hall facility.
4. The proposed project will have the following general effect on the environment and
residents of the locality:
a. The proposed project will include the construction of offices and related
facilities, including parking, for use by Town employees and the public;
b. Among other things, the proposed project will provide improved public
access to Town employees and officials, improved working conditions for
Town employees and officials, and increased storage for Town records.
5. The acquisition has been determined by the Town Board of the Town of Southold to
be a Type I Action under the State Environmental Quality Review Act as supplemented by
Chapter 44 of the Code of the Town of Southold.
6. That on May 10, 2005 the Town Board of the Town of Southold adopted a
determination that the acquisition would not have a significant impact on the environment; and
be it further
RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of
these Findings and Determination published in two (2) successive issues of The Traveler
Watchman commencing on May 19, 2005, and in five (5) successive issues of Newsday
commencing on May 16, 2005; and to mail a copy of this Findings and Determination to George
and Margaret Stankevich by certified mail, return receipt requested, and be it further
RESOLVED, that the Supervisor is authorized and directed to execute any documents
and to pay any and all reasonable survey, title prorated tax, and recording charges, as may be
necessary to effect the condemnation; and be it further
RESOLVED, that the monies to be expended for the purchase of the property shall be
drawn from the Town of Southold Capital Fund; and be it further
RESOLVED, that the Town Clerk is hereby directed to forward copies of this resolution
and the attached notice to:
Town Attorney Patricia Finnegan
Michael Rikon, Special Counsel, Goldstein, Goldstein, Rikon & Gottlieb, P.C.
Dated: May 10, 2005
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND
FINDINGS WHO WISHES TO CHALLENGE AND SEEK JUDICIAL REVIEW
THEREOF MUST DO SO, IF AT ALL, BY FILING A PETITION, IN ACCORDANCE
WITH THE NEW YORK EMINENT DOMAIN PROCEDURE LAW, SECTION 207, IN
THE APPELLATE DIVISION, SECOND DEPARTMENT, 45 MONROE PLACE,
BROOKLYN, NEW YORK, NO LATER THAN THIRTY (30) DAYS AFTER
PUBLICATION OF THESE DETERMINATION AND FINDINGS, OTHERWISE ANY
SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED. THE
APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR
PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND THE OTHER
MATTERS SET FORTH IN THE NEW YORK EMINENT DOMAIN PROCEDURE
LAW, SECTION 207. ANYONE WISHING TO CHALLENGE THE DETERMINATION
AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY.
Elizabeth A. Neville
Southold Town Clerk
pF SOUryo
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS G Q Southold, New York 11971
MARRIAGE OFFICER O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
��y
FREEDOM OF INFORMATION OFFICER C�UN �,� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 291 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain
proceeding, which would result in the acquisition of 0.47X acre of an overall 1.0f-acre,partially-
improved property(hereinafter the "260 Hortons Lane property"), which adjoins the existing
Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons
Lane, such that a new Town Hall Complex could be developed; and
WHEREAS, the acquisition of the subject 0.47 acre of property and the development of the new
Town Hall Complex would allow the consolidation of all Town of Southold offices on one site,
as several Town offices cannot be accommodated in the existing Town Hall building due to
space constraints; and
WHEREAS, the development of the new Town Hall Complex would include (a) the relocation
of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the
development of a 24,901 t-square-foot Town Hall building, (c) the demolition of a portion of the
existing 11,391-square-foot Town Hall building(approximately 4,801 square feet) and the
renovation of the remaining building area(approximately 6,590 square feet) to accommodate the
Justice Court, and (d) the development of associated parking, sanitary facilities, drainage
facilities and other appurtenances; and
WHEREAS, pursuant to 6 NYCRR §617.4, the action has been preliminarily determined to be
classified as "Type I"; and
WHEREAS, pursuant to 6 NYCRR §617.6(b)(3), the Town Board undertook coordinated
review of the action with involved agencies; and
WHEREAS, no objections were received from the involved agencies as to the Town Board
serving as the lead agency in this matter;
THEREFORE BE IT RESOLVED, that the Town Board hereby designates itself as lead
agency pursuant to the implementing regulations of the State Environmental Quality
Review Act, specifically 6 NYCRR 017.6(b)(2) and (3), with respect to the above-described
proposed action.
0 "Oqz
Elizabeth A. Neville
Southold Town Clerk
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EXHIBIT
CONDEMNATION HEARING
260 HORTON'S LANE
SOUTHOLD, NEW YORK 11971
JANUARY 5, 2005
Honorable Joshua Y. Horton,
Supervisor Town of Southold
Southold Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Josh:
Leadership is vision...arrogance is blind. This is an arrogant condemnation.
It is arrogant to ignore Southold's 350-year history of never condemning property
over the objection of its owners.
It was arrogant for the Town to tell me two months ago that it was condemning
my property without normal discussion and discourse.
It is arrogant to rush headlong into a condemnation without an adequate Master
Plan review...without thorough zoning and planning analysis...without a viable financial plan.
It is arrogant to ignore the public purpose of this condemnation, i.e., building a
new Justice Courthouse in order to get the criminals out of Town Hall and the hamlet...when in
fact, dumping them in the backyard of Town Hall will be no solution.
It is arrogant to state that the abandoned Peconic School is not available, when, in
fact, as recent as last Monday they told me the contrary and only refusal to make a fair market
value offer, stymied the deal. Whatever financial arrangement, it costs Southold nothing,
because it is merely transferring resources from one Southold pocket to another, i.e. from the
Town to the School District. The Peconic location removes the criminals from the hamlet to a
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Date: January 5, 2005
Memorandum: To File/ Southold Town Board
From: George C. Stankevich, Esq.
Re: Condemnation 260 Horton's Lane
Subject: Southold Town's October 20, 2004 appraisal
Since the Town's appraisal, whose purpose is a condemnation, did not follow the
appropriate procedure and consider the fundamental factors affecting value, the appraisal is
without merit, invalid and inappropriate for its intended purpose. Additionally, it is not giving
the Town the proper valuation. As such, the Town cannot make any kind of reasonable business
decision to handle this matter fairly and in the interests of justice.
The Town's appraisal intentionally ignored our comparable#1 SCTM #1000-61-
1-2.2, this one-half of the Academy Printing property was purchased by the Town twenty-five
years ago for$138,000. Interval price increases overtime 10 x to 20 x. Indicated value
$1,380,000. In making that acquisition for Town Hall expansion, which never occurred, the
subject property was surrounded by a public parking lot, making it the most advantageous site in
Town for office construction. During the last twenty-five years, the Town upzoned the subject
property and others from light business to hamlet business, degrading price. In taking half of the
subject property, the balance on Horton's Lane will be damaged,because it is in an historic
district, marginalizing development of front remaining piece which I am left with, i.e., the Town
wants to take 90% of the development value for a fraction. $2,622,000 less value of historic
house,$200,000 for an indicated value of$2,422,000.
The Town's appraisal intentionally ignored our comparable #2 SCTM #1000-61-
1-5. The Whitaker parcel was smaller than subject and was sold by the Town in 2004 for
$375,000, acquired by Town for expansion,but was unable to tear down existing structure
because of historic district. Structure was a dilapidated tear-down of no value and new owner
has been forced to go to extraordinary expense to rehabilitate it in order to obtain a cash flow,
i.e., he bought the foot print. Price factor x 3. Indicated value $1,125,000 plus severance
damages.
1.The Town's appraisal took the half-acre"in the blind"without any reference as to how it got there. Meaning,
on his own, the appraiser"sets off'this approximate half-acre plot. It eliminates from the appraiser's responsibility-
SEVERANCE damages.
location next to the Police Station and Highway Department. The Peconic School Building and
four-acre site in the vicinity of the Police Station and Highway Department provide an ideal
location for locating affiliated activities, such as the Justice Court System, engineering, zoning,
planning, and plenty of room for expansion. The Peconic site diffuses and disperses traffic,
rather than concentrating it in Southold hamlet.
It is arrogant to ignore the need for a new negotiator,
it is arrogant for the Town's appraisal to offer me approximately what the Town
paid twenty-five years ago for the identical Academy Printing half-acre and half of what the
Town paid last year for the adjoining Whitaker site.
It is arrogant to suggest that I sell my property for what it was worth twenty-five
years ago. Would anybody sell his house today for what it was worth twenty-five years ago?
It is arrogant for the Town's appraisal to ignore the very existence of these
adjacent comparable sales.
It is arrogant for the Town's appraisal to fail to consider the severance damages
accruing from the proposed taking of the vacant, rear, developable portion of the Horton's Lane
property. After all, the Whitaker site fiasco proves that the front historical house portion is
unlikely to be further developed due to the Historic District designation.
It is arrogant to suggest that Wicks Law bidding can or should be avoided on this
proposed public project, regardless of how good a job the modular structures worked out on the
Greenport Hotel Project.
It is arrogant to assume that I will become political roadkill. I am requesting that
the Town Board exercise its vision and leadership and ignore your blind arrogance.
I am requesting that the Town Board hold your request in abeyance for the time
being, refuse to go along with you and refuse to pass a Condemnation Resolution until all of the
above is discussed in depth publicly with all planners, the Historical Society, business groups and
public service organizations.
It is arrogant for you to confuse Greenport Mayor Kapell's perseverance with your
bull-headedness. I know Mayor Kapell and I know you and you are not a Mayor Kapell!.
Silorge
4C. nkevich,
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3 In the Matter of the Condemnation of Part
Of 260 Horton ' s Lane , Southold , New York
4
5 - - - -- - - - - - - - - - - -- - - ---x
6 January 5 , 2005
9 : 05 a . m .
7
8 53095 Main Road
Southold , New York
9
10
11
12
13
14 B E F 0 R E :
15 Joshua Y . Horton , Supervisor
16 Dan Ross , Councilman
17 Bill Edwards , Councilman
18 John Romanelli , Councilman
19 Patricia Finnegan , Town Attorney
20 Elizabeth Neville , Town Clerk
21
22
23
24 Kristi E . Hatt
• Court Reporter
25 �O LJ LJ
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• 1
2 A P P E A R A N C E S :
3
4 ALSO PRESENT :
5 Stanley Stankevich
6
7
8
9
10
11
12
• 13
14
15
16
17
18
19
20
21
22
23
• 24
25
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2 SUPERVISOR HORTON : We will open
3 the hearing with the clerk reading the
4 notification on this hearing .
5 CLERK NEVILLE : Notice is hereby
6 given that a public hearing will be held
7 before the Town board of the Town of
8 Southold on the 5th day of January 2005
9 at 9 : 00 a . m . of that day at the Town
10 Hall , 53095 Main Road , Southold , New
11 York pursuant to Article 2 of the New
12 York State Eminent Domain Procedure Law
• 13 with respect to the proposed acquisition
14 of a certain portion approximately half
15 of the following parcel located on
16 Horton ' s Lane in the hamlet of Southold
17 directly behind the existing Town Hall
18 building to provide ample space for
19 expansion and the reconstruction of the
20 Town Hall building in Southold .
21 The reputed owners are George and
22 Margaret Stankevich , Suffolk County tax
23 map number 1000 - 61 - 1 - 3 . The acquisition
24 is proposed to provide for the expansion
• 25 and construction of a new Town Hall
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2 facility , Southold , New York dated
3 November 30 , 2004 by order of the
4 Southold Town board , Elizabeth Neville ,
5 Town Clerk . Please publish as followed
6 in two successful issues of the Suffolk
7 Times commencing on Thursday , December
8 16th and in five successful issues of
9 Newsday commencing on December 15 , 2004 .
10 I do have the affidavit ' s proof of
11 publication from the Suffolk Times for
12 two weeks publication in that newspaper
• 13 commencing on the 16th . And I have an
14 affidavit of publication from Newsday
15 that was published five consecutive days
16 beginning on the 15th of December
17 through the 20th of December . In the
18 file I have a letter dated December 14 ,
19 2004 addressed to Mr . Stankevich at East
20 Hampton from the town attorney .
21 " Dear Mr . Stankevich , I ' m
22 enclosing a copy of resolution number
23 854 of 2004 in connection with the
24 referenced premises pursuant to Article
25 2 of the New York State Eminent Domain
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2 Procedure Law . As you can see from the
3 enclosed , a public hearing on the
4 proposed condemnation of the referenced
5 property will be held on January 5 , 2005
6 at 9 : 00 a . m . at Town Hall . "
7 This was sent by certified mail
8 with a return receipt , both of which I
9 have the originals attached thereto .
10 There ' s a copy of the certified
11 resolution number 854 of 2004 in the
12 file and also the Town Clerk ' s office on
• 13 December 9th had sent a certified copy
14 of resolution number 854 to Mr .
15 Stankevich at East Hampton . That
16 completes the file .
17 SUPERVISOR HORTON : Good morning ,
18 Town board members . Happy New Year to
19 those present at this hearing . Present
20 on the board we have Councilman Dan
21 Ross , Councilman John Romanelli ,
22 Councilman Bill Edwards , myself ,
23 Supervisor Joshua Horton . We are
• 24 represented by attorney Bill Essex . In
25 opening the hearing I ask town attorney ,
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2 Patricia Finnegan , to read a statement
3 of the Town board for the record .
4 MS . FINNEGAN : The Town of
5 Southold is in dire need of upgrading
6 the Town Hall facilities in order to
7 properly serve the residents of the
8 Town . The current Town Hall is split
9 between two locations ; the existing Town
10 Hall owned by the Town and the Town Hall
11 annex located in office space by North
12 Fork Bank . In order to provide the
• 13 necessary level of service and
14 efficiency for the benefit of the
15 public , the Town requires one campus on
16 the Town Hall complex large enough to
17 meet the Town ' s current needs with room
18 for future expansion .
19 The property and facility owned by
20 the Town at 53095 Main Road and along
21 Travelers Street in Southold are
22 insufficient to meet those needs . The
23 current Town Hall facility is
• 24 undersized , and the Town- owned property
25 along Travelers Street is also
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2 insufficient in size and is separated by
3 the current Town Hall facility by the
4 Stankevich ' s property .
5 The Town seeks to acquire one half
6 of the Stankevich ' s property , tax map
7 number 1000 - 61 - 1 - 3 . The back portion , a
8 parcel that is one half of one acre in
9 size , the Town would proceed with
10 construction with an integrated Town
11 Hall complex expanded on the Travelers
12 Street property and the one half
13 Stankevich parcel which would allow for
14 a facility of sufficient size , parking
15 and room for future expansion .
16 The main entrance for the public
17 would be located at the complex , which
18 would no longer require residents to
19 park along the road and cross the street
20 in order to conduct their Town affairs .
21 Acquiring a portion of the property
22 owned by the Stankevichs would allow the
23 Town not only to achieve its one campus
24 solution , but also to provide a separate
• 25 court facility on a single campus .
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2 Under this plan the justice court
3 would continued to be located in the
4 current Town Hall facility which would
5 be separated from the plan ' s new
6 complex . The separation would provide
7 for safety to the public visiting the
8 new Town Hall , which would no longer
9 need to - - in order to conduct their
10 Town affairs . However , the public can
11 still benefit from the court ' s location .
12 I would like to place in the
• 13 record on behalf of the Town a survey
14 description of the property prepared by
15 our Town engineering office and also an
16 aerial photograph of the location . On
17 the legal description , the parcel sought
18 to be acquired is the parcel that is
19 marked 20 , 520 square feet . And I would
20 also place in the areal photograph which
21 shows the entire parcel we would seek to
22 acquire the back of . I ' ll mark that as
23 Town 1 and 2 .
• 24 ( Survey was marked as
25 Town Exhibit 1 for identification , as of
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2 this date . )
3 ( Photograph was marked as
4 Town Exhibit 2 for identification , as of
5 this date . )
6 SUPERVISOR HORTON : Is there
7 anyone wishing to address the board in
8 this public hearing ?
9 MR . STANKEVICH : I will address
10 the board . My name is George
11 Stankevich . I ' m with the Law Offices at
12 74 Montauk . I ' m one of the owners of
• 13 the property that ' s subject of this
14 hearing . Being here today is like deja
15 vu again . I can remember when I first
16 came to town 30 years ago . Bill Essex
17 was working with Bob in Greenport
18 opening his offices in Riverhead . I met
19 Howard Terry , the building inspector , in
20 a little house down on the east end of
21 this property . Al Martosha still had
22 his office in Greenport .
23 The issue then was consolidation
• 24 and expansion of Town facilities .
25 That ' s how we are sitting in the
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2 building here , because Al at this time
3 picked out this property . Interestingly
4 enough this - - building with - - ran
5 across all of the problems that are
6 generally involved in conducting the
7 facility . And no sooner had it been put
8 up the issue of the future facilities
9 came to mind and had been talked about
10 for 30 years since .
11 I think that when you look at
12 something like this , this comment is
13 appropriate , leadership is vision and
14 arrogance is blind . I think this is an
15 arrogant condemnation . It is arrogant
16 to ignore Southold ' s 350 -year history of
17 never condemning property over the
18 objection of its owners . It ' s certainly
19 never condemned without adequate public
20 discussion and private discussion . I
21 don ' t think that has occurred here .
22 I think it is arrogant to proceed
23 on a fast track , which I believe we are
• 24 on here , due to the insistence of our
25 supervisor without an adequate master
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2 plan , without thorough zoning and
3 planning analysis , without a viable
4 financial plan and adequate study of
5 this Town , what we are trying to
6 establish and for the next 30 years .
7 People can say the Town is exempt from
8 all of these things , but the Town is not
9 exempt from good thinking and using the
10 resources to get the best result for the
11 Town .
12 Because the function is really
• 13 what is the public purpose . The flip
14 side of the issue is what is the public
15 issue , what does the public need , what
16 are we trying to accomplish . As I
17 understand it , what the public needs
18 here really is the justice court , which
19 is overflowing . That ' s why we ' re in
20 this conference room rather than at the
21 scheduled location in the main meeting
22 room , because it ' s being used as court
23 today .
• 24 It ' s overflowing because Greenport
25 closed their courts and two or three
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2 days a week we have Town Hall overrun
3 with criminals and running around the
4 streets of the villages and hamlet of
5 Southold , and it ' s creating a problem .
6 It ' s a problem of not only space but of
7 mixing different types of activities on
8 the same site . I think that a proper
9 dispatched review of this might come up
10 with a more proper solution of what the
11 public purpose is we are talking about
12 here today .
• 13 In my view we are here because the
14 supervisor screwed up the negotiations
15 with the Peconic schools and the
16 property situation . So now we are in
17 phase three trying to find office space .
18 I think it ' s arrogant to tell me and the
19 public that the public school in Peconic
20 is not available . I can tell you as
21 recent as Monday this week the school
22 district is anxious to make a deal to
23 dispose of that building , that four- acre
• 24 site . That ' s the site that suits the
25 public purpose , because it would allow
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2 us immediately to put the court system
3 down where it belongs , next to the
4 police station at a very affordable
5 price .
6 If the price wasn ' t affordable
7 with the school , it really doesn ' t make
8 any difference because we are moving
9 money from one pocket of Southold to the
10 other . If the school district gave us
11 the property for nothing , it ' s still in
12 public hands and use . And if we
• 13 overpaid for the school , we are still
14 putting money in Southold Town ' s pocket .
15 It ' s us . It would solve the solution to
16 the problem which is get the court
17 system separated from the hamlet of
18 Southold , diffuse the property and to
19 provide us four acres for future growth ,
20 because I ' m sure we won ' t be here in 30
21 years . And somebody will . And they
22 will be talking about the same issue .
23 We would be solving many problems
• 24 not only for ourselves . I think it ' s
25 their fault , arrogance , not to consider
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2 getting a new negotiator to look at the
3 Town with this issue with the school and
4 with the Southold district . I think
5 further evidence of arrogance is that
6 you were presented with an appraisal .
7 The appraisal ignores the two most
8 obvious factors in determining the value
9 of the property we are talking about .
10 It ignores the Whitaker property
11 on the corner that you recently sold ,
12 which was a teardown , a lot smaller than
• 13 what you ' re talking about here for
14 $ 375 , 000 . And it ignores the - -
15 property that the Town board over 25
16 years ago - - identical to the property
17 in question and my property for $ 128 , 000
18 25 years ago . I ask anyone in this
19 room, would you sell me your house for
20 what you paid for it 25 years ago ? It ' s
21 preposterous . And in your
22 presentations , both your appraiser and
23 Mr . Horton , you totally ignore the
• 24 severance damages that I ' m going to
25 sustain by you cutting off the vacant
SUZANNE RANDS?ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
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2 one half of my property , which is the
3 only developable portion of that
4 property .
5 If you eliminate the severance
6 damages from the calculation , the
7 appraisal is unsustainable . You can ' t
8 do that . It ' s professionally in error ,
9 and no Court would accept such an
10 appraisal . What you ' re getting yourself
11 into here is a proposed purchase on an
12 estimated price that once you get in
• 13 front of a judge you could end up paying
14 $ 1 million . You lose control of fixing
15 the price . I don ' t think that ' s fair to
16 myself as a taxpayer , to the other
17 taxpayers and voters in this town . I
18 don ' t think it ' s fair to all of the
19 board members here .
20 There is a way to solve that , have
21 some decent discussions . I don ' t think
22 we ' ve had that . I have been told that
23 you have a great plan , a modular
• 24 building , they have done this before in
25 Greenport at one of the motels and
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2 you ' re going to get a good price on all
3 of this . There ' s something called a
4 Wicks Law that tells us one slips
5 through the cup and the - - you just
6 can ' t do this , build a public facility
7 by selecting some guy who had success in
8 Greenport . It just doesn ' t work that
9 way .
10 I think before we take this next
11 step we ought to evaluate our cost , not
12 only of the property but the utility and
13 future years and give this some pause .
14 To my knowledge you have done no test
15 holes on the property . You don ' t know
16 what you ' re going to hit . You don ' t
17 have a clue what is under that property
18 next door . But I remember with Al there
19 were water problems . This area was a
20 swamp and it was filled . I bring that
21 up just as an indication of the fact
22 that we are getting ass backwards .
23 The last thing you should be doing
. 24 is condemning the property , because you
25 can always do that . You don ' t have to
SUZANNE HAND&ASSOCIATES, INC. 631.277.2700 888VE DO EBTs
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2 rush that through today . But the first
3 thing you should be doing is taking this
4 idea and flushing it out , allowing the
5 planning department to do traffic
6 studies , allowing yourself the liberty
7 of getting some hard financial data ,
8 allowing yourself to further evaluate
9 the appraisals .
10 Really I don ' t want my family to
11 end up as your roadkill . I don ' t want
12 to end up like the Whitaker property
• 13 where something started , the property is
14 acquired and then you hit a bump in the
15 road . You can ' t fulfill the project and
16 you end up putting the property up for
17 sale to some stranger . I end up with
18 someone owning the back half of my
19 property , because things didn ' t work
20 out . The least I can hope for is that
21 you give this a pause . You get some
22 more community input , better financials
23 on this . You appoint a committee review
• 24 board to go down to Southold school
25 district , because they do want to sell
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2 that property .
3 I ' m sure something can be worked
4 out that should be put back on the
5 table . Just call time out today . As I
6 understand it you ' re all set to slam
7 through a resolution today to start this
8 condemnation or finish it . And I think
9 that ' s unfortunate . It ' s not really
10 what we expect of how government is
11 conducted in Southold . It ' s like coming
12 home to me . It ' s a great place . I ' m
• 13 one of the few people in the room that
14 come here every six months or once a
15 year .
16 I notice the differences that you
17 don ' t notice , because they creep up on
18 you day- to -day . You have done a great
19 job in this town . I ride up from
20 Mattituck and say , this place looks
21 great and it looks better than it did 30
22 years ago . We don ' t have a lot of
23 sprawl . It ' s really a great town . It ' s
• 24 something that is only a memory on the
25 south fork .
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2 I hope that this appearance of
3 arrogance disappears . Somebody said
4 that your supervisor is using Mayor
5 Kapell as a role model . I can tell you
6 I know Mayor Kapell and I know your
7 supervisor , and I know he is not Mayor
8 Kapell . Southold is not Greenport .
9 I think that in spirit of moving
10 ahead let ' s call a time out . I ' d like
11 to talk with you some more . I ' d like
12 you to talk to our appraisers . I ' m sure
• 13 Bill would like to peruse some of these
14 appraiser ' s findings . I think you would
15 like to talk to various community groups
16 and whatnot , use the resources of the
17 Town to make sure we are making the
18 right decision today . Thank you . I ' d
19 like to submit for the record Exhibit A
20 of my comments .
21 ( Comments were marked as
22 Exhibit A for identification , as of
23 this date . )
• 24 SUPERVISOR HORTON : Please give
25 those to the Town Clerk . She ' ll hand
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2 them out . Thank you . Prior to closing
3 the hearing I would like the record to
4 reflect that the board has not convened
5 here today with the intention of passing
6 a resolution . This is a public hearing .
7 We have no resolutions to vote on today .
8 Is there anybody else who wishes to
9 speak?
10 ( No response )
11 SUPERVISOR HORTON : We ' ll close
12 this hearing . Thank you .
• 13
14 ( Time Noted : 9 : 30 a . m . )
15
16
17
18
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• 24
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2
3 INDEX
4
5 E X H I B I T S
6 TOWN
7 EXHIBIT DESCRIPTION PAGE
8 1 Survey 8
9 2 Photograph 9
10
11 EXHIBIT DESCRIPTION PAGE
12 A Comments 19
• 13
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• 24
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1
2
3 CERTIFICATION
4
5 I , KRISTI E . HATT , a Notary Public in
6 and for the State of New York , do hereby certify :
7 THAT the foregoing is a true and accurate
8 transcript of my stenographic notes .
9 IN WITNESS WHEREOF , I have hereunto set my hand
10 this 5th day of January , 2005 .
11
12
14 KRISTI E . HATT
15
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17
18
19
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• 24
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2 3:11 4:25 8:23 9:4
21:9
20th 4:17
20,520 8:19
2004 4:3,9,19,23
5:11
2005 1:6 3:8 5:5
22:10
25 14:15,18,20
260 1:3
3 _
30 4:3 9:16 10:10
1 1:6 13:20 18:21
350-year 10:16
5
SUZANNE HAND&ASSOCIATES,INC. 631.277.2700 888.WE DO EBTs
PATRICIA A. FINNEGAN VFf�( JOSHUA Y. HORTON
TOWN ATTORNEY �Q$ �4 Supervisor
patricia.finnegen@town.southold.ny.us
KIERAN M. CORCORAN p Town Hall Annex,54375 Route 25
y P.Q. Box 1179
ASSISTANT TOWN ATTORNEY �y, Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us
j � Telephone (631) 765.1939
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY Facsimile (63U 765-6639
lori.montefusco@town.southold.riy.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
December 10, 2004
Mr. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11937
RE: SCTM No. 1000-61-1-3
Dear Mr. Stankevich:
Please allow this letter to confirm the Town of Southold's offer of$150,000.00 to
purchase the eastern half of the above-referenced parcel, which is owned by you and
Margaret Stankevich. As we discussed, the offer contemplates that your existing lot
would be split, leaving you with a half acre lot on Horton's Lane and;ihe structures
thereon. The portion sought to be acquired by the Town is vacant end surrounded on
three sides by Town-owned property. The property is needed for the proposed
construction of a new Town Hall facility.
As you are aware, this offer is the full value of the appraisal obtained on the
property. I will provide you with a copy of the appraisal upon your request. After two
meetings, one with Supervisor Horton and myself and the other with the entire Town
Board, you have neither provided the Town with a demand nor an appraisal. The Town
Board is prepared to proceed with a public hearing on the proposed condemnation of the
property on January 5, 2005 at 9:00 a.m.
Please do not hesitate to contact me if you would like to discuss this matter
further.
Ve truly yo rs,
P tnc'a A. in e n
T wn Attorn y
PAF/lk
cc: Members of the Town Board
Ms. Elizabeth Neville, Town Clerk v�
PATRICIA A. FINNEGAN JOSHUA Y. HORTON
TOWN ATTORNEY �QS ��+� Supervisor
patricia.finnegan@town,southold.ny.us
KIERAN M.CORCORAN Town Hall Annex, 54375 Route 25
P.O, Box 11.79
ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959
kieran.coreoran@town,southold.ny.us A� • �'�
LORI HULSE MONTEFUSCO j � Telephone(631) 765-1939
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.montefusco@town.soutbold,ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
May 20, 2005
George C. Stankevich, Esq.
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11937
RE: SCTM No. 1000-61-1-3
Dear Mr. Stankevich:
As requested, enclosed please find copies of the following:
1. SEQRA Report prepared by Theresa Elkowitz,which includes the traffic
analysis prepared by McLean Associates; and
2. documents showing proposed new Town Hall facility.
During our telephone conversation on May 19 (not May 18 as your letter is
incorrectly dated), you requested the Given appraisal. I advised you that I would not
provide it at this time. Additionally, I do not presently have a title report on the property.
I will advise the Town Board of your request to be placed on the Work Session
Agenda.
Very truly yours,
Patricia A. Finnegan 0
Town Attorney
PAFIlk
Enclosures
TRAFFIC IMPACT ASSESSMENT
for
•
SOUTHOLD
•
TOWN HALL EXPANSION
•
' LKAKA L.K. McLEAN ASSOCIATES, P.C.
MARCH 2O05 Consulting Engineers
437 South Country Road, Brookhaven, NY 11719
RECEIVED
MAR 16
Southold Town Clerk
•
TRAFFIC IMPACT ASSESSMENT
SOUTHOLD TOWN HALL EXPANSION
Introduction
The Town of Southold has proposed construction of a new Town Hall building of
approximately 17,400 square feet, with additional parking spaces, adjacent to the site of
the existing Town Hall on Main Road (NY Route 25) in Southold. With construction of
this building, existing Town offices located in an Annex at a North Fork Bank building,
` approximately '/4 mile east of the existing Town Hall, will be relocated to the Town Hall
site. The purpose of this assessment is to identify the potential traffic impacts of the
proposed Town Hall building.
Existing Conditions
The aerial photo on the following page depicts existing conditions in the vicinity of
the existing Town Hall. Indicated on the photo are the proposed Town Hall site and the
location of the existing Town Hall Annex offices.
Main Road (NY 25) is located south of both the existing Town Hall and the Annex
offices. This east-west roadway is under the jurisdiction of the New York State
Department of Transportation. There is no vehicular access to the existing Town Hall
site from Main Road. Hortons Lane is a north-south Town road which abuts the west
side of the Town Hall site. Traveler Street is an east-west Town roadway which abuts
the north side of the Town Hall site. Access to the existing Town Hall parking area is
provided by driveways from both Hortons Lane and Traveler Street. Travelers Street
provides a connection between Hortons Lane and Youngs Avenue, a Town road which
borders the east side of the Town Hall Annex site. Both Hortons Lane and Youngs
Avenue intersect with County Road 48, another main east-west route, about '/2 mile to
the north. Posted speed limits are 30 mph.
The intersection of Hortons Lane and Main Road is controlled by a Stop sign for
Hortons Lane traffic. The Main Road/Youngs Avenue intersection is controlled by a 2-
phase traffic signal. The Southold Elementary, Junior High and High Schools are
located south of Main Road, on the west side of Oaklawn Avenue, which intersects Main
Road about 225 feet west of Hortons Lane. During school opening and dismissal times,
� 1
IWAW
%
y '41 ,
.r
• a
I " •" \ " ..
r
Nil
00
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loop
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40000,
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• *000• s,
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rs ,-- - NORTH
�r a f
Town of Southold
¢ 01 .a N.Y.S. Digital EminentDomain I
Orthoimagery Proposed Southold Town
of 2001
Prepared By
L.K. McLean Assoc., P.C.
Consu
ItingEngineers
437 So.Country Road,Brookhaven,NY
/1
_ s �
a police officer assists in traffic control at a marked school crosswalk on Main Road at
the Main Road/Oaklawn Avenue intersection.
M
The Annual Average Daily Traffic on Main Road in 2001 was approximately
8,500 vehicles.
On-street parking is generally not prohibited along these roadways, with the
exception of restrictions for sight distance (e.g. on the north side of Main Road for a
short distance east of Hortons Lane).
Traffic and Parking Data Collection
• On Friday, March 4, 2005, traffic observations at both the existing Town Hall and
Annex sites were made, and traffic and parking data were collected. A Friday was
chosen because this is the only weekday when court is in session at the Town hall;
therefore, this day represents the peak weekday for traffic generation at that site. There
• is no such fluctuation inactivity during the week at the Annex site.
The following traffic data was recorded:
• Turning movement traffic counts at the Main Road/Hortons Lane
intersection for two hours, 12-1 pm and 3:30-4:30 pm
•
• Turning movement counts at the Hortons Lane/Town Hall access
driveway, for two 15-minute periods, beginning at 10:15 am and 1:15 pm
• Turning movement counts at the Traveler Street/Town Hall access
driveway, for two 15-minute periods, beginning at 10:30 am and 1:30 pm
The following parking data was recorded:
• Number of vehicles parked on Town Hall property, at seven different
times, beginning at 9 am and ending at 3 pm. This data, which indicates
• a maximum number of 83 vehicles, appears on Table 1, which follows.
Traffic data summaries appear in the Appendix.
Other observations include the following:
• Some delays were experienced by southbound motorists as they waited
• to turn onto Main Road. In the worst case, a queue of eight vehicles was
observed.
• On-street parking was practiced on both sides of Main Road in the vicinity
of the existing Town Hall.
• Vehicles generally did not park on Hortons Lane or Traveler Street.
• 2
N
TABLE 1
PARKING OBSERVATIONS
i EXISTING SOUTHOLD TOWN HALL PROPERTY
NUMBER OF PARKED VEHICLES--
TIME FRIDAY MARCH 4, 2005
9:00 AM 76
10:00 AM 83*
10:45 AM 82
11:45 AM 66
• 1:00 PM 37
2:00 PM 41
3:00 PMJ 39
• * MAXIMUM NUMBER OF PARKED VEHICLES
•
•
•
• i •
• Some vehicles parked on the grass adjacent to the existing Town Hall
. parking area (these vehicles were included in the totals shown on Table
1).
Traffic Generation and Trip Assignment
Since the proposed building will enable the Town to consolidate the existing
Annex offices onto one site, no additional traffic is anticipated to be generated by the
proposed project.
An approximation of existing trip assignment (i.e. routes used by motorists to and
• from the site) can be made from traffic counts of vehicles exiting the Town Hall site onto
Hortons Lane and Traveler Street. Destinations of these vehicles can be estimated as
follows:
Estimated
• Vehicles Exiting Town Hall Lot Percentage Primary Destination Secondary Destination
Onto Hortons Lane, Turning Left 27% Westbound Main Rd. Eastbound Main Rd.
Onto Hortons Lane, Turning Right 18% Northbound Hortons La.
Onto Traveler St., Turning Left 18% Northbound Hortons La.
• Onto Traveler St., Turning Right 37% Eastbound Main Rd. Northbound Youngs Ave.
These percentages would be altered with the consolidation of the current Annex
offices onto the Town Hall site. Destinations of motorists leaving the current Annex
• offices could not be readily obtained, since that site is shared with the bank. When the
Annex offices are relocated to the Town Hall site, all "Annex-related" traffic destined for
westbound Main Road would then turn left onto Hortons Lane and then turn right onto
Main Road. Some traffic destined for eastbound Main Road would probably use Hortons
• Lane as well; however, all traffic currently heading east from the Annex offices now uses
Youngs Avenue, where the existing traffic signal stops Main Road traffic, to enable left
turns to be made more safely. Since Annex employees and visitors are aware of this
benefit, when they relocate to the Town Hall site they will most likely use Traveler Street
• to Youngs Avenue to travel east. Traffic destined for northbound Hortons Lane will have
direct access to Hortons Lane. Traffic destined for Youngs Avenue will use Traveler
Street to Youngs Avenue. In terms of vehicles entering the site, it can be expected that
both left turns and right turns from Main Road to Hortons Lane would increase.
•
• 3
Traffic Safety
Traffic accident data along Main Road for the latest-available three-year period
•
has been requested from the New York State Department of Transportation. This
request falls under the Freedom of Information Law, and will take several weeks to be
processed. Upon receipt of this data, it will be analyzed to determine if any accident
trends exist on Main Road. Similarly, accident data for Town roads will be obtained and
analyzed. The results of this analysis will be submitted as an Addendum to this report.
Traffic Flow Impacts
• As previously stated, this project will not cause an overall increase in traffic on
roadways which provide access to the Town Hall site. As also noted, traffic patterns
leaving the site will shift somewhat, with additional turns occurring at the Main
Road/Hortons Lane intersection. The primary change for traffic leaving the site will
• involve an increase in the right-turn movement from Hortons Lane to Main Road. Field
observations indicate that vehicles currently queue on Hortons Lane while awaiting a
gap in traffic on Main Road to execute a left or right turn. The traffic count data obtained
for this report was utilized to perform an unsignalized intersection capacity analysis,
• using Highway Capacity Software distributed by the University of Florida, which follows
the procedures of the Transportation Research Board's Highway Capacity Manual. This
analysis, for the 12-1 pm time period (which had slightly more traffic volume than the late
afternoon period), indicates that the "Level of Service" for southbound traffic is D, and
that vehicles experience an average of 26 seconds of delay. (Level of Service is
analogous to a "Report Card" of intersection operation, with a Level A being excellent, B
being good, C being acceptable, D being barely acceptable, E indicating that the
• intersection is reaching its capacity, and F indicating failure, or long traffic queues.) Left
turning vehicles experience longer delays than right turners, because they must wait for
simultaneous gaps in traffic in both directions before executing a left turn, whereas right
turning vehicles can wait for an acceptable gap in just one direction of travel. Since all of
the vehicles are currently in one lane, a left turning vehicle forces right turners behind it
to wait longer than they would if the left turner was not in their path. To demonstrate
this, we performed another capacity analysis, with the assumption that the left and right-
turning vehicles had their own lanes. The resulting Level of Service (LOS)and average
vehicle delay values under those conditions are LOS D/32.4 seconds for the left turning
vehicles and LOS B/14.8 seconds for right turners.
• 4
Summaries of these capacity analyses appear in the Appendix.
Left and right turns from Main Road to Hortons Lane will increase, based on a
relocation of"Annex-related" traffic to the Town Hall site. These movements do not
experience capacity problems; however, the current peak eastbound left turn volume on
Main Road is on the order of 110 vehicles per hour.
Although peak summer conditions could not be observed for this assessment, it
can be expected that traffic volumes could be more than 30% higher than those in
March, resulting in increased delays for left and right turning vehicles on Hortons Lane.
• Parking Impacts
Based on the parking space observations conducted for this study, and on
employee and visitor data for the existing Annex offices, two estimates of the maximum
parking space demand have been developed, and are shown on Table 2 which follows.
• On a typical summer weekday, it is estimated that a maximum of 100 spaces would be
required. A total of 117 parking spaces are shown on the Site Plan for the proposed
Town Hall site. Therefore, more spaces are provided than needed for four of the five
weekdays. On summer Fridays, when court is in session, a maximum demand of 142
• spaces is estimated, resulting in the need for a maximum of 25 motorists to find spaces
on surrounding streets. On these Fridays, it is anticipated that these vehicles can be
accommodated along both sides of Main Road, and along the east side of Hortons Lane.
•
Traffic Recommendations
As noted previously, although there will be no additional net traffic generated on
surrounding roadways by the proposed Town Hall improvements, it can be expected that
• the right turn traffic volume from southbound Hortons Lane onto westbound Main Road
will increase. The primary factor in vehicular delays for Hortons Lane traffic is a result of
left turning motorists, who must wait a longer amount of time, because they require
acceptable gaps in Main Road traffic in both directions before they can safely execute
• their turn. As these motorists wait, they cause right turning motorists, who normally
could make their turn sooner, to wait behind them, since there is only one southbound
lane of traffic on Hortons Lane. Providing two lanes on Hortons Lane would improve
right turn traffic flow; however, this is not recommended at a stop-controlled intersection.
This is due to the fact that, as left and right turning motorists wait at the stop line, their
• 5
TABLE 2
ESTIMATE OF FUTURE MAXIMUM PARKING SPACE DEMAND
SOUTHOLD TOWN HALL SITE
•
TYPICAL WEEKDAYS-- FRIDAYS--COURT REMARKS
NO COURT SESSIONS IN SESSION
CURRENT MAX.# FRIDAY=OBSERVED ON 3/4/05, OTHER WEEKDAYS DEVELOPED
OF OCCUPIED SPACES 41 83 BY DEDUCTING ESTIMATED COURT-RELATED TRAFFIC
EMPLOYEE SPACES--FROM
RELOCATED ANNEX OFFICES 34 34 30 EMPLOYEES SPACES PLUS 4 BOARD/COMMITTEE MEMBERS
VISITOR SPACES--FROM
RELOCATED ANNEX OFFICES 14 14 BASED ON 100 VISITORS PER DAY (CURRENT ANNEX OFFICES)
ADJUSTMENT FOR
SUMMER VISITORS 11 11 BASED ON AN ADDITIONAL 75 VISITORS/DAY
TOTAL DEMAND 100 142
NO. OF PROPOSED
OFF-STREET SPACES 117 117
DEFICIT--VEHICLES
PARKED ON-STREET 0 25 •
vehicles can restrict sight distance for drivers in the adjacent lane, by blocking their view
along Main Road.
The Main Road/Hortons Lane intersection is under the jurisdiction of the New
York State Department of Transportation. While hourly traffic volumes on Hortons Lane
may meet traffic volume warrants for traffic signal installation there, it is unlikely that
NYSDOT would approve such an installation, unless the accident history indicates an
unusually high number of right-angle type collisions, i.e. an average of five of more of
these crashes per year. In any event, traffic signal installation would primarily benefit
vehicles turning left from Hortons Lane onto eastbound Main Road, which experience
longer traffic delays than right turning vehicles. These left turning vehicles already have
access to the traffic signal at Youngs Avenue to more safely execute left turns onto Main
Road with less delay during peak traffic periods.
In order to reduce delays for vehicles leaving the Town Hall site and destined for
A both directions on Main Road, it is recommended that eastbound vehicles be redirected
to Youngs Avenue. This can be accomplished by installing standard black-and-white
New York State route marker signs, in the following arrangement:
TO
EAST
NY 25 (NY State Route Marker Symbol)
ARROW (Left or Right Arrow, depending on sign placement)
S These signs should be placed as follows:
• In the main parking area, directing traffic to Traveler Street
• Facing the Traveler Street exit from the parking area (with a right arrow)
• On eastbound Traveler Street, approaching Youngs Avenue (with a right
arrow)
• On southbound Hortons Lane, approaching Traveler Street (with a left
arrow). (Prior to installing this sign, observations should be conducted at
this location in the summer, to ensure that left turning vehicles waiting for
gaps in traffic would not be waiting on the LIRR track. Installation at this
location will help re-direct "non-Town Hall" traffic, destined for eastbound
Main Road, to Youngs Avenue.)
An additional sign assembly, consisting of the NY 25 Route Marker above a
double (left and right) arrow should be placed on Youngs Avenue approaching Main
Road.
6
Since these improvements are meant to optimize safety and delay at a State-
controlled intersection, NYSDOT should be contacted to determine if they can share in
•
the cost of erecting these signs.
Since the existing (March) peak eastbound left turn volume on Main Road at
Hortons Lane is on the order of 110 vehicles per hour, and this number would increase
somewhat in the summer (perhaps on the order of 25 vehicles per hour) with the
relocation of the Annex offices to the Town Hall site, installation of a separate left turn
lane should be considered. This would involve the installation of pavement markings on
Main Road. Again, since the State has jurisdiction, they should be contacted to see if
they approve of this measure. This should be done after the traffic accident data is
obtained and analyzed, since the occurrence of rear-end accidents in the eastbound
direction could be an additional factor in providing a separate turn lane. If the lane is
implemented, most likely parking would need to be restricted on the south side of Main
Road between Oaklawn Avenue and a point approximately 60 feet, or about 2.5 car
lengths, east of Hortons Lane.
To summarize the traffic recommendations:
• Erect signs to guide motorists to eastbound Main Road (NY 25) via the signalized
intersection at Youngs Avenue
• Evaluate traffic accident data for the latest-available three-year period, to ensure
that there are no significant safety problems on the roadways near the site
• • Submit traffic volume and accident data to NYSDOT for review. Consider the
installation of an eastbound left turn lane on Main Road at Hortons Lane.
Parking Recommendations
• It is estimated that the proposed number of off-street parking spaces will be
adequate to accommodate the expected demand at the proposed Town Hall site, with
the exception of Fridays, when court is in session. On summer Fridays, when demand is
expected to be the highest, it is anticipated that a maximum of 25 vehicles will need to
• provide on-street spaces along either side of Main Road, or on the east side of Horton
Lane. To facilitate parking during this time period on the east side Hortons Lane, it is
recommended that the Town restripe that roadway for a 19' wide northbound lane. This
should result in a southbound lane width of about 15 feet. Parking should be prohibited
on the west side of Hortons Lane.
7
Even with the aforementioned removal of some on-street spaces on the south
side Main Road if an eastbound left turn lane is provided at Hortons Lane, the maximum
on-street parking demand should be able to be accommodated within reasonable
walking distance of the Town Hall site.
• Additional Recommendation
It would be prudent for the Town to perform "follow-up" observations, in the first
summer season after occupancy of the proposed building, to determine the
effectiveness of the recommended traffic and parking measures after they are
• implemented.
•
•
•
•
•
• 8
•
•
•
APPENDIX
•
Traffic Count Data
• Intersection Capacity Analysis—Main Road at Horton Lane
•
•
•
•
• 9
• • • • • • • • • • •
PROJECT NAME: Eminent Domain Traffic-Southold Town Hall
PROJECT No.: 05010.02 N/S STREET: Hortons Lane f
Nrt�- II
INTERSECTION: Hortons Lane 0 AM 0
& Main Road(Route 25) 1:42: MID 164.
CONDITION: EXISTING 'f?Y6'. PM
DATE COUNTED: 03/04/05 R T L •
DAY OF WEEK: Friday
PEAK HOURS: AM 600 A 0 0 0
(START) MIDDAY M ;Q}1 0 ::31:;: ENV STREET: Main Road(Route 25)
PM P
i 4
A M P
AM 0 0 :::::55! V R 0 AM
MD :5317 �- 0 .::426 AM T :qe1> MD
PM ;j 4 0 `:2 0 fl L 40 PM
AM 0 L 0 AM
MD : :::47.4. T 0> :::385 . 38f1.! ::::::396 MD
PM41! R 0 _ D �.D.': —j 404: PM
A M P
0 0 0 A •
32 ::::0:: : :0::::: M
L T R PEAK HOUR FACTOR TOTAL
EB WB NB SS VOLUME
0 AM 0 - - - - WA AM
MID -0 0.91 0.95 - 0.83 1097 MD
.I3'. PM ;0; 0.80 0.89 - 0.85 1099 PM
3/10/2005 L.K. McLEAN ASSOCIATES, P.C.
TOWN. Southold 12 11 10 DATE COUNTED. 03104105
III WEEKDAY:FnOay
STREET NAMES. V > WEATHER:Sunny
NORTHISOUTH. HoRons Lane
EASTNJEST: Town Hall Parking Lot 1-A A-6 COUNTED BY:LKMA
2-> —5 COMPUTED BY LKMA
PROJECT NAME: Eminent Domain Trat6o-Southold Town Al 3--v v-4 CHECKED BY:LKMA
PROJECT No.: 05010.02 < >
II
789
TIME MOVEMENTNo. APPROACH MOVEMENT No. APPROACH MOVEMENTNo. APPROACH MOVEMENT No. APPROACH INTERSECTION -
PERIOD 15-MINUTE 15-MINUTE 15-MINUTE 15-MINUTE 15-MINUTE
BEGIN ➢ 8 9 TOTAL 10 11 12 TOTAL 1 2 3 TOTAL 4 5 6 TOTAL TOTAL
600 0 0 0 0 0
615 0 0 0 0 0 .
630 0 0 0 0 0
645 0 0 0 0 a
00 0 0 0 0 0
715 0 0. 0 0 0
730 a 0 0 0 0
745 0 0 0 0
800 0 0 0 0 a
815 a 0 0 0 0
830 0 0 0 0 a
845 a 0 0 0 0
900 0 0 0 0 0
915 0 0 0 0 0
930 0 0 0 0 0
945 0 0 0 0 0
Iwo 0 0 0 0 a
1015 37 7 44 21 21 0 4 2 6 71
1030 0 0 0 0 0
1045 0 0 0 0 0
11a0 0 0 0 0 0
1115 0 0 0 0 0
1130 0 0 0 0 0
1145 0 0 0 0 0
1200 0 0 0 0 a
1215 0 0 0 0 0
1230 0 0 0 0 a
1 0 0 0 0 0 •
1300 0 0 0 0 0
1315 45 2 4 1 36 3 0 3 2 5 89
1330 0 0 0 0 0 0
1345 0 0 0 0 a 0
w00oo a o 0 o a
1415 a 0 0 0 0
1430 0 0 0 0 0
1445 0 0 0 0 a
1500 0 0 0 0 0
1515 a 0 0 o a
1530 0 0 0 0 0
1545 a 0
1600 0 0 0 0 0
1615 0 0 0 0 0
1630 0 0 0 0 0
1645 0 0 0 0 0
1700 0 0 0 0 0
1115 0 0 0 0 0
1730 0 0 0 0 0
1745 0 D 0 0 0
1800 0 0 0 0 0
1801 0 0 0 0 0
3/15/2005 L.K. McLEAN ASSOCIATES, P.C.
TOWN: Saelbnld 121110 DATE COUNTED_ 03104/05
I 1 I WEEKDAY. Friday
STREET NAMES: V > WEATHER. Sunny
NORTHISOUTH: Traveler Stroal
FASTMEST'. Town Hall Parking Lot 1-A A--6 COUNTED BY. LKMA
2-> 1-5 COMPUTED BY LKMA
PROJECT NAME'. Eminent Domain Traffic-Southold Town Ha 3—v v--4 CHECKED BY. LKMA
PROJECT No. 05010.02 . >
II
] 89
TIME MOVEMENT No. APPROACH MOVEMENTNo. APPROACH MOVEMEN-Na. APPROACH MOVEMENTNo. APPROACH INTERSECTION
PERIOD 15-MINUTE 15-MINUTE 15-MINUTE 15-MINUTE 15-MINUTE
BEGIN ] 8 9 TOTAL 10 11 12 TOTAL 1 2 3 TOTAL 4 5 6 TOTAL TOTAL
600 a 0 0 0 0
615 0 0 0 0 0
630 0 0 0 0 0
645 0 0 a a 0
700 0 0 0 0 0
715 0 0 0 0 0
730 0 0 0 0 0
745 0 0 0 0 0
800 0 0 0 0 0
815 a 0 0 0 a
830 0 0 0 0 0
845 0 0 0 0 0
900 0 0 0 0 0
915 0 0 0 0 0
930 0 0 0 0 0
945 0 0 0 0 a
1000 0 0 a 0 0
1015 0 0 0 a 0
1030 1 3 4 0 25 2 v 16 19 49
1045 0 0 0 0 0
1100 0 0 0 0 0
ills 0 0 0 0 0
1130 0 0 0 D 0
1145 0 0 a 0 0
1200 a 0 0 0 a
1215 0 0 0 0 0
1230 0 0 0 0 0
1 0 0 0 0 0 •
1300 0 0 0 0 0
1315 0 0 0 0
1330 2 4 6 6 0 22 22 1 12 13 41
1345
0 0 0 D 0
14004oa 0 0 0 0 0
1415 0 0 0 D 0
1430 0 0 a D o
1445 0 0 0 0 0
1500 0 0 0 a 0
1515 a 0 0 0 0
1530 0 0 0 0 0
1545 0 0 0
16W 0 0 0 0 0
1615 0 0 0 0 0
1630 0 0 0 a 0
1645 0 0 0 0 0
1700 a 0 0 0 0
1715 0 0 0 0 0
1130 0 0 0 0 0
1745 0 0 a D 0
1800 D a a o 0
1801 0 0 0 0 0
3/15/2005 L.K. McLEANASSOCIATES, P.C.
• HCS2000 : Signalized Intersections Re*se 4 . 1d
TWO-WAY STOP CONTROL SUMMARY
Analyst : SWE
Agency/Co. : LKMA
Date Performed: 3/9/2005
Analysis Time Period: EXISTING MID PEAK
Intersection: ROUTE 25 @ HORTONS LANE
Jurisdiction: SCDPW
Units : U. S . Customary
Analysis Year: 2005
a Project ID: EMINENT DOMAIN TRAFFIC - SOUTHOLD TOWN HALL
East/West Street : MAIN ROAD (ROUTE 25)
North/South Street : HORTONS LANE
Intersection Orientation: EW, Study period (hrs) : 0 .25
Vehicle Volumes and Adjustments
• Major Street: Approach Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
Volume 109 365 426 55
Peak-Hour Factor, PHF 0 . 91 0 . 91 0 . 95 0 . 95
* Hourly Flow Rate, HFR 119 401 448 57
Percent Heavy Vehicles 2 -- -- -- --
Median Type/Storage Undivided /
RT Channelized?
Lanes 0 1 1 0
Configuration LT TR
• Upstream Signal? No No
Minor Street : Approach Northbound Southbound
Movement 7 8 9 10 it 12
L T R L T R
Volume 31 ill
•
Peak Hour Factor, PHF 0 . 83 0 . 83
Hourly Flow Rate, HFR 37 133
Percent Heavy Vehicles 2 2
Percent Grade (%�) 0 0
Flared Approach: Exists?/Storage / No /
Lanes 0 0
0 Configuration LR
Delay, Queue Length, and Level of Service
Approach EB WB Northbound Southbound
Movement 1 4 17 8 9 10 it 12
Lane Config LT LR
v (vph) 119 170
C(m) (vph) 907 340
v/c 0 . 13 0 . 50
95% queue length 0 .45 2 . 67
Control Delay 9 . 6 25 . 7
LOS A D
Approach Delay 25 . 7
Approach LOS D
HCS2000 : Unenalized Intersections Rele* 4 . 1d
TWO-WAY STOP CONTROL SUMMARY
Analyst : RD
Acency/Co . :
• Date Performed: 3/14/2005
Analysis Time Period: MID DAY EXIST w/2 SE lanes
Intersection: 25 HORTON LA
Jurisdiction:
UrLits : U. S . Customary
Analysis Year: 2005
.� Project ID:
East/West Street : NY 25
North/South Street : HORTON LA
Intersection Orientation: EW Study period (hrs) : 0 . 25
_ —_Vehicle Volumes and Adjustments______
• Major Street : Approach Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
--- -- 4 2 6 5 555 ------
Volume 109 365 42
Perak-Hour Factor, PHF 0 . 91 0 . 91 0 . 95 0 . 95
Hourly Flow Rate, HFR 119 401 448 57
Percent Heavy Vehicles 2 -- -- -- --
Median Type/Storage Undivided /
RT Channelized?
Lanes 0 1 1 0
Configuration LT TR
Upstream Signal? No No
Minor Street Approach Northbound Southbound
Movement 7 8 9 10 11 12
L T R L T R
---------- ------------------- — ---
• Volume 31 ill
Peak Hour Factor, PHF 0 . 83 0 . 83
Hourly Flow Rate, HFR 37 133
Percent Heavy Vehicles 2 2
Percent Grade (%) 0 0
Flared Approach: Exists?/Storage
• Lanes 1 1
Configuration L R
Delay, Queue Length, and Level of Service_
Approach EB WB Northbound Southbound
• Movement 1 4 7 8 9 10 11 12
Lane Config LT L R
v (vph) 119 37 133
C (m) (vph) 928 168 498
v/c 0 . 13 0 . 22 0 . 27
95% queue length 0 .44 0 . 81 1 . 07
Control Delay 9 . 4 32 . 4 14 . 8
LOS A D B
Approach Delay 18 . 7
Approach LOS C
~ PATRICIA A.FINNEGAN g�FFOL t WSHA Y. HORTON
TOWN ATTORNEY �O�Q co Supervisor
patricia.finnegan@town.southold.ny.us (�
KIERAN M. CORCORAN Cos .� Town Hall Annex, 54375
1179 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y. Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy fir'
j �a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
May 3, 2005
Michael Rikon, Esq.
Goldstein, Goldstein, Rikon & Gottlieb, P.C.
80 Pine Street
New York, NY 10005-1702
Re: Eminent Domain Proceeding
Dear Mr. Rikon:
I am enclosing an original certified resolution retaining your services in
connection with the condemnation of a parcel of property behind the existing Southold
Town Hall for your records.
I look forward to meeting you on Friday. In the meantime, if you have any
questions or require anything further, please do not hesitate to call me.
Ve ruly yours,
P tricia A. Finne a
Town Attorney
PAF/lk
Enclosure
cc: Members of the Town Board (w/encl.)
Ms. Elizabeth Neville, Town Clerk (w/encl.)
o��pf SOUIyO��""
ELIZABETH A. NEVILLE h �p Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER • h0� Fax (631) 765-6145
RECORDS GEMENT OFFICER
FREEDOM OF INFORMATION OFFICER Telephone
southo dtown.nor hfork not
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 265 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 26, 2005:
RESOLVED that the Town Board of the Town of Southold hereby retains Michael Rikon,Esq. as
special counsel in an eminent domain proceedine relating to the property owned by George
Stankevich at a cost not to exceed $250 per hour .
0 Q2?6�
Elizabeth A. Neville
Southold Town Clerk
PATRICIA A. FINNEGAN • WOSHUA Y. HORTON
UFFD�
TOWN ATTORNEY �QS jr Supervisor
patricia.finnegan@town.southold.ny.us =0y%
KIERAN M. CORCORAN y Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y.Oy /x Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us
j .1a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
tori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
APO 1 5 2005
To: Elizabeth A. Neville, Town Clerk
From: Lynne Krauza Southold Town Clerk
Secretary to the Town Attorney
Date: April 13, 2005
Subject: Stankevich/Eminent Domain Proceeding
Attached is the original certified mail receipt and confirmation of delivery
receipt in connection with Pat's letter to Mr. and Mrs. Stankevich, sent certified
mail/return receipt requested, on April 5, 2005, a copy of which is also enclosed.
Please be advised that the Post Office sent the green card back to us
without a signature. I then asked Corinne to assist me in obtaining a delivery
receipt. Thanks to Corinne's efforts, we were able to obtain a delivery receipt
with a signature.
If you require anything further in this regard, please let me know.
/I k
Enclosures
cc: Mr. Jim McMahon
P Direct Query -Intranet- "Quick" *h Page I of I
t
Track/Confirm - Intranet Item Inquiry - Domestic
Item: 7003 0500 0002 8376 2320
Destination ZIP Code: 11937 City:,EAST HAMPTON State: NY
Origin ZIP Code: City: State:
Event Date/Time location Scanner
ID
DELIVERED 04/06/2005 13:56 EAST HAMPTON, NY 11937 K763819
(A PS Form 3849, Delivery Receipt,has not been appended to this record.
If the item was recently delivered,the Delivery Receipt may not yet have
been scanned.)
Enter Requdst Type and Item Number:
Quick Search t-, Extensive Search
Submit
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Go to the R U'Uct Tracking System Home Paae.
Postal
ti •
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rij
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.--------------- -------------------------
4/7,.
Direct Query - Intranet • • Page 1 of 1
'UNITEDSTATES
f
Track/Confirm - Intranet Item Inquiry
Item Number: 7003 0600 0002 8376 2320
This item was delivered on 04/06/2005 at 13:56.
OBI Section
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Address: / /) ) ,l IV
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Go to the Product Tracking System Home Page.
http://pts.usps.gov/netdata-cgi/db2www/cbd_242.d2w/IMG 4/8/2005
y
+
COMPLETE li IO
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. ❑Addressee
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Mr• r,'6, Mrs. George Stankevi
74 Montauk Hwv.
Suite 22 , The Red Horse
East Hampton , NY 11937 3. Service Type
E Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Artiol[
7003 0500 0002 8376 2320
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
PATRICIA A. FINNEGAN • ufFD( •OSHUA Y. HORTON
TOWN ATTORNEY �OFf �CD Supervisor
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY v, T Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • ��
LORI HULSE MONTEFUSCO 1 �a� Telephone 631) 65-66 39
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
April 5, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11937
RE: SCTM No. 1000-61-1-3
Dear Mr. and Mrs. Stankevich:
am enclosing Resolution Nos. 166 and 167 of 2005 in connection with the
referenced premises.
As you can see from the enclosed, a public hearing on the proposed
condemnation of the referenced property will be held on April 19, 2005 at 2:00 p.m. at
Town Hall.
iIc
truly your
ia A. Fi ne
Attorney
PAF/lk
Enclosures
cc: Members of the Town Board (w/encls.)
Ms. Elizabeth Neville, Town Clerk (w/encls.)
ELIZABETH A.NEVILLE �� O
h Gy Town Hall, 53095 Main Road
TOWN CLERK p P.O. Box 1179
N Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Dy `
Fax(516) 765-1823
RECORDS MANAGEMENT OFFICER �01 ��� Telephone(516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 166 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines to rescind its
resolution dated January 5, 2005 to close the public hearing held that day pursuant to
Section 202 of the New York State Eminent Domain Procedure Law and Resolution
Number 854 of 2004, with respect to the proposed acquisition pursuant to the New York State
Eminent Procedure Law of the following described parcel located east of Horton's lane in the
hamlet of Southold, directly behind the existing Town Hall building, for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of
Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of
Property of George C. and Margaret A. Stankevich, indicating a portion of property to be
acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New
York",prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises
being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the division line
between property of George C. and Margaret A. Stankevich on the north, and property of the
Town of Southold on the south; said point being the following two (2) courses and distances
from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of
Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at
the aforementioned southwest comer of the subject premises. said point being the
point ofbeginning:
•
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West,
along the proposed division line through the property of George C. and Margaret A. Stankevich,
a distance of 131.08 feet to a point at the southwest corner of other property of the Town of
Southold on the division line between the subject parcel on the south and said property of the
Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between
the subject property on the south and property of the Town of Southold on the north, 155.52 feet
to a point on the westerly boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at
the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at
the southwest comer of the subject parcel, said point being the point or place of
beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and comprise the
easterly one-half(approximately) of the lot identified on the tax map of Suffolk County by the
designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C.
Stankevich and Margaret Stankevich, his wife, and it is further
RESOLVED, that the Town Board of the Town of Southold hereby determines to re-open the
said public hearing, and it is further
RESOLVED, the Town Board hereby determines to conduct the re-opened public hearing on
April 19, 2005 at 2:00 o'clock p.m. at the Town Hall, 53095 Route 25, Southold, New York, and
it is further
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a) in two (2) successive issues of The Traveler - Watchman, the official newspaper of
the Town of Southold commencing on Thursday March 31, 2005,
b) in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on April 4, 2005, and it is further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners.
Elizabeth A. Neville
Southold Town Clerk
• ��gUFFO��-c
ELIZABETH A.NEVH LE Town Hall, 53095 Main Road
TOWN CLERK p < P.O. Box 1179
A
MARRIAGE OFFICER Southold,New York 11971
REGISTRAR OF VITAL STATISTICS • �� Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER �Q� �a� Telephone(516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 167 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
RESOLVED, that the Town Board of the Town of Southold hereby determines to hold a
public hearing on April 19, 2005 at 2:00 o'clock p.m. at the Town Hall, 53095 Route 25,
Southold, New York, pursuant to Section 202 of the New York State Eminent Domain
Procedure Law with respect to the proposed acquisition pursuant to the New York State
Eminent Procedure Law of the following described parcel located east of Horton's lane in the
hamlet of Southold, directly behind the existing Town Hall building, for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of
Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of
Property of George C. and Margaret A. Stankevich, indicating a portion of property to be
acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New
York", prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises
being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the division line
between property of George C. and Margaret A. Stankevich on the north, and property of the
Town of Southold on the south; said point being the following two (2) courses and distances
from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of
Main Street:
l) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point;
2) North 60 degrees 22 minute. 20 seconds East a distance of 163.26 feet to the point at
the aforementioned southwest comer of the subject premises, said point being the
point of beginning;
•
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West,
along the proposed division line through the property of George C. and Margaret A. Stankevich,
a distance of 131.08 feet to a point at the southwest corner of other property of the Town of
Southold on the division line between the subject parcel on the south and said property of the
Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between
the subject property on the south and property of the Town of Southold on the north, 155.52 feet
to a point on the westerly boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at
the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at
the southwest comer of the subject parcel, said point being the point or place of
beginning.
Said premises containing 20,514 square feet or 0.471 acres, more or less, comprising the
easterly one-half(approximately) of the lot identified on the tax map of Suffolk County by the
designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C.
Stankevich and Margaret Stankevich, his wife, and it is further
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a) in two (2) successive issues of The Traveler- Watchman, the official newspaper of
the Town of Southold commencing on Thursday, March 31, 2005;
b) in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on April 4, 2005, and it is further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners.
ajaw??.
Elizabeth A. Neville
Southold Town Clerk
• LEGAL NOTICE •
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on April 19, 2005, at 2:00 p.m., at the Town Hall,
53095 Main Road (Route 25), Southold, New York, the Town Board of the Town of
Southold will re-open the public hearing conducted and closed on January 5, 2005
pursuant to Article 2 of the New York State Eminent Domain Procedure Law with
respect to the proposed acquisition of the following described premises for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate,, lying and being at Southold in the
Town of Southold, County of Suffolk and State of New York, as shown on a certain map
entitled "Map of Property of George C. and Margaret A. Stankevich, indicating a portion
of property to be acquired by the Town of Southold, situate at Southold, Town of
Southold, Suffolk County, New York", prepared by Louis K. McLean Associates, P. C.,
dated January 18, 2005, said premises being more particularly bounded and described as
follows:
BEGINNING at a point at the southwest comer of the subject parcel, on the
division line between property of George C. and Margaret A. Stankevich on the north,
and property of the Town of Southold on the south; said point being the following two (2)
courses and distances from the intersection of the easterly boundary of Horton's Lane
with the northerly boundary of Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a
point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the
point at the aforementioned southwest corner of the subject premises, said
point being the point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds
West, along the proposed division Tine through the property of George C. and Margaret
A. Stankevich, a distance of 131.08 feet to a point at the southwest corner of other
property of the Town of Southold on the division line between the subject parcel on the
south and said property of the Town of Southold on the north;
Thence No 58 degrees, 13 minutes 30 seconds A along said division line
between the subject property on the south and property of the Town of Southold on the
north, 155.52 feet to a point on the westerly boundary line of other property of the Town
of Southold;
Thence along said division line between the subject parcel and property of the
Town of Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a
point at the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a
point at the southwest corner of the subject parcel, said point being the point
or place of beginning. —
Said premises contain 20,514 square feet or 0.471 acres, more or less, and
comprise the easterly one-half(approximately) of the lot identified on the tax map of
Suffolk County by the designation District 1000, Section 61, Block 1, Lot 3, reputed to
by owned by George C. Stankevich and Margaret Stankevich, his wife.
Dated: Southold, New York
March 29, 2005
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two successive issues of The Traveler- Watchman, commencing on
Thursday, March 31, 2005; and
(b) in five (5) successive issues of Newsday, commencing on
April 4, 2005.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH
NEWSPAPERTO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL. P.
O. BOX 1179, SOUTHOLD, NY 11971-0959
Copies to the following:
The Traveler Watchman Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
LouiN K. McLcan Associates, 1'.
C..dated lanuaiv 18, 2005, said
premises being snore particular-
Irbounded and described as fol-
lows:
BEGINNING at a point at the
southwest corner of the subicci
parcel, on the division line
between property of George ( .
and Margaret A. Stankevich on
the north, and property of the
Town of Southold on the south:
said point being the following
two (2) courses and distances
from the intersection of the east-
erly boundary of Horton's Lane
with the northerly boundary of
Main Street:
). North 30 degrees 17 min-
utes 40 seconds West,a distance
of 212.54 feet to a point;
2) Nor' 60 degrees 22 min-
utes 20 . rids East a distance
of t63.26 '-et to the ppoint at the
aforeme ied southwest cor-
ner of the object premises, said
point being the point of begin-
niThence from said point of
beginning, North 31 degrees 44 COUNTY OF SUFFOLK
minutes 10 seconds West, along STATE OF NEW YORK ss:
the proposed division line
through the property of George Jacqueline M. Dub6, being duly sworn,
C. and Margaret A. Stankevich,
a distance of 131.08 feet to a says that she is the Legal Advertising
point at the southwest comer of Coordinator, of the Traveler Watchman,
other property of the Town of public newspaper printed at Southold,
a
Southold on the division line p
between the subject parcel on in Suffolk County; and that the notice of
the south and said property of which the annexed is a printed copy, has
the Town of Southold on the
north; been published in said Traveler
Thence North 58 degrees, 13 Watclifnan once each week
minutes 30 seconds East, along
said division line between the for.. .......week(s) successively,
subject property on the south commen n on he.. /. .......day of
and l property of the Town of � ,r �_.. .,. 2005.
Southold on the north, 155.52 tl-
feet to a point on the westerly
boundary line of other property
of the Town of Southold;
Thence along said division
line between the subject parcel
and property of the Town of
Southold, the following two (2)
courses and distances:
1) south 29 degrees 44 min- Sk9m fto before me this.........day of
utes fifty seconds East, a dis- j.l .....,.... 2005.
tance of 136.82 feet to a point at
the southeast corner of the sub ,�
jeet parcel, thence i
2) South 60 degrees 22 inm- ., i �:... .........
utes 20 seconds West, a distance
of 150.87 feet to a point at the _! Notary Public
southwest corner of the subject
parcel,said point being the point
or place of beginning. Emily Hamill
Said premises contain 20,514 NOTARY PUBLIC,state of New York
square feet or 0.471 acres, more No.01 HA5059984
or less,and comprise the easter- Qualified in Suffolk County
ly one-halt (approximately) of Commission expires May 06,2006
the lot identified on the tax map
LEGAL NOTICE of Suffolk County by the desig-
NOTICE OF PUBLIC nation District 1000, Section 61,
HEARING Block 1, Lot 3, reputed to by
NOTICE IS HEREBY owned by George C. Stankevich
GIVEN, that a public hearing and Margaret Stankevich, his
will be held before the Town wife.
Board of the Town of Southold Dated: Southold, New York
on April 19,2005, at 9:00 a.m., March 29, 2005
at the Town Hall, 53095 Main BY ORDER OF THE 'OWN
Road(Route 25),Southold,New BOARD OF THE TOWN OF
York,pursuant to Article 2 of the SOUTHOLD
New York State Eminent ELIZABETH NEVILLE
Domain Procedure Law with TOWN CLERK
respect to the proposed acquisi- 2X 313), 4t7105 (679)
tion of the following described
premises for the purpose of
expansion, reconstruction and
construction of a new Town Hall
facility in Southold.
ALL that plot,piece or parcel
of land, situate, lying and being
at Southold in the Town of
Southold,County of Suffolk and
State of New York, as shown on
a certain map entitled "Map of
Property of George C. and
Margaret A. Stankevich,indicat-
ing a portion of property to be
acquired by the Town of
Southold, situate at Southold,
Town of Southold, Suffolk
County,New York,"prepared by
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13605914
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
MONDAY APRIL 04 2005 Suffolk
TUESDAY APRIL 05 2005 Suffolk
FRIDAY APRIL 08 2005 Suffolk
THURSDAY APRIL 07 2005 Suffolk
WEDNESDAY APRIL 06 2005 Suffolk
Sworn To Before Me This
08 day of April 2005
Notary Public
61/
Guy P.Wasser
Notary Public,State of New York
No. 01 WA6045924
Commission Expires 08/07/2006
/ nQualified in Suffolk County
V V �i
Legal Ngtice 13605914 • •
• NOTICE OF PUBLIC HEAR-
ING
NOTICE IS HEREBY GIVEN,
that a public hearingp will be held
before Me Town Hoard of the
Town of Southold on April 19,
2005,at 2;00 .m.,at Me Town
Hall,53095 Main Road(Route
25.Southold New York,puri
an to Article 2 of the New York
Stale Eminent Domain Proce-
dure Law with respect to the
lroposetl acea isldon of the fol-
owing dent, ad premises for
the purpose of expansion, re-
construction and constmdion of
a new Town Hall facility in Sout-
hold.
ALL that plot,piece or parcel
of land,situate,lying and bein
at Southold in the Town of Soup
hold County of Suffolk and
State of New York,as shown on
a certain map entitled'Map of
Property of George C.and Mar-
garet A.StankeviCh,indicating
a potion of property to be ac-
qulred by the Town of Southold,
situate at Southold, Town of
Southold Suffolk County,New
York', prepared! by Louis K.
McLean Associates,P.C.dat-
ed January 18, 2005, said
lremises being more particular-
y bountlad and described as
ollows:
BEGINNING al a point at the
southwest comer of the subject
camel,on the division line be-
tween oroperN of George C.
and Marrggaret A Stankev¢M1 on
the n. antl roperty of the
Town of Southold on Me south;
said int being the following
two
(L�ouurses and distanees
from �e Intersection of the
easterly boundary of HoMn's
Lane with the northerly houn-
JaryofMalnSmel
1) North 30 degrees 17
minutes 40 seconds West. a
distance of 212.54 feet to a
point;
2) North 69 degrees 22
minutes 20 seconds East a is-
eof163.26 fast to the point
at
at the alrofthe onetl stem.
weet comer of the subject prem-
ises,saitl point being the point
of beginninp�
Thence hom saitl ppointof be-
minutes N10 secondsre Weedb
along Me proposed division line
through the grope, of George
C.and Margaret A.Stankeviclr.
a distance of 131.06 feel to a
point al the southwest comer of
other property of Me Town of
Southold on the division line be-
hveen Me subject parcel on the
south and said property of the
Town of Southold on the north;
Thence North 58degress,13
minutes 30 seconds East,along
said division line between the
subl'ed pro on the south
one properly of the Town of
Southold on the north. 155.52
feet to a point on Me westerly
boundary line of other property
ofthelrown of Southold;
Thence along said division
line between Me subject parcel
and pmGerty of Me Town of
Southoltl,the following two(2)
courses and distances:
1) South 29 degrees 44
minutes 0 seconds East, a
distance 136.82 feel to a
point al the southeast comer of
the subjed parcel;thence
2) South 60 degrees 22
minutes 20 seconds West, a
distance of 150.87 feet to a
point at Me southwest corner of
the subject Parcel, said point
bein the point or place of ba-
ginnPng.
Said premises contain
20.511 square feet or 0.471 more to less,and com-
prise Me easterly one-half ap
on xthelelW of map lot dent
Suffolk
County by the designation DIs-
hid 1 y00,Section®1.Block 1.
Lot 3,r?uted to be owned by
George p.StankevlchandMar-
9aret5tankevich,hiswife.
Dated:Southold,New York
Mara 29,2W5
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
ELIZABETHNEVILLE
TOWN CLERK
NEWSDAY PROOF
Customer:TOWN OF SOUTHOLD Contact: LYNDA M.BOHN Phone:6317651800
Ad Number: 13605914 Start Date:04/04/2005 End Date:04/08/2005 Times:5
Price:$1906.20 Size: 1 x 120 Section:CL Class:9000
Printed By: Date: 03/29/2005 is •
Signature of Approval: Date:
Zones:
• LEGAL NOTICL0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held before the Town
Board of the Town of Southold on April 19, 2005, at 2:00 p.m., at the Town Hall,
III
53095 Main Road(Route 25), Southold,New York, pursuant to Article 2 of the New
York State Eminent Domain Procedure Law with respect to the proposed acquisition
of the following described premises for the purpose of expansion, reconstruction and
construction of a new Town Hall facility in Southold.
ALL that plot, piece or parcel of land, situate, lying and being at Southold in
the Town of Southold, County of Suffolk and State of New York, as shown on a
certain map entitled "Map of Property of George C. and Margaret A. Stankevich,
indicating a portion of property to be acquired by the Town of Southold, situate at
Southold, Town of Southold, Suffolk County, New York",prepared by Louis K.
McLean Associates, P. C., dated January 18, 2005, said premises being more
particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the
division line between property of George C. and Margaret A. Stankevich on the north,
and property of the Town of Southold on the south; said point being the following
two (2) courses and distances from the intersection of the easterly boundary of
Horton's Lane with the northerly boundary of Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to
a point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to
the point at the aforementioned southwest comer of the subject premises,
said point being the point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10
seconds West, along the proposed division line through the property of George C. and
Margaret A. Stankevich, a distance of 131.08 feet to a point at the southwest corner of
other property of the Town of Southold on the division line between the subject
parcel on the south and said property of the Town of Southold on the north;
Thee North 58 degrees, 13 minutes 30 sews East, along said division
line between the subject property on the south and property of the Town of Southold
on the north, 155.52 feet to a point on the westerly boundary line of other property of
the Town of Southold;
Thence along said division line between the subject parcel and property of the
Town of Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet
to a point at the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to
a point at the southwest comer of the subject parcel, said point being the
point or place of beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and
comprise the easterly one-half(approximately) of the lot identified on the tax map of
Suffolk County by the designation District 1000, Section 61, Block 1, Lot 3, reputed
i
to by owned by George C. Stankevich and Margaret Stankevich, his wife.
Dated: Southold, New York
March 29, 2005
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two successive issues of The Traveler- Watchman, commencing on
Thursday, March 31, 2005; and
(b) in five (5) successive issues of Newsday, commencing on
April 4, 2005.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH
NEWSPAPER TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN
HALL, P. O. BOX 1179, SOUTHOLD, NY 11971-0959
Copies to the following:
The Traveler Watchman Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OFSUFFOLK)
ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold, New York being
duly swom, says that on the Sy day of 2005, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County,New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing April 19, 2005, 2:00 pm
��lizabeth A.-NevilL
Southold Town Clerk
S orn before this
day of , 2005.
tary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No.01 B06020932
Oualified in Suffolk County
Term Expires March 8,20 n
���pF SO(/py�� a �—
ELIZABETH A. NEVILLE h O Town Hall, 53095 Main Road
TOWN CLERK # P.O. Box 1179
REGISTRAR OF VITAL STATISTICS w ac Southold, New York 11971
MARRIAGE OFFICER . o �Q Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER OI�C�A. southoldtown.nor h ork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 176 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain
proceeding, which would result in the acquisition of 0.47 acre of an overall 1.0t-acre, partially-
improved property (hereinafter the "260 Hortons Lane property"), which adjoins the existing
Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons
Lane, such that a new Town Hall Complex could be developed; and
WHEREAS, the acquisition of the subject 0.47 acre of property and the development of the new
Town Hall Complex would allow the consolidation of all Town of Southold offices on one site,
as several Town offices cannot be accommodated in the existing Town Hall building due to
space constraints; and
WHEREAS, the development of the new Town Hall Complex would include (a) the relocation
of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the
development of a 24,901f-square-foot Town Hall building, (c) the demolition of a portion of the
existing 11,391-square-foot Town Hall building (approximately 4,801 square feet) and the
renovation of the remaining building area (approximately 6,590 square feet) to accommodate the
Justice Court, and (d) the development of associated parking, sanitary facilities, drainage
facilities and other appurtenances; and
WHEREAS, pursuant to 6 NYCRR §617.4, the action has been preliminarily determined to be
classified as "Type P'; and
WHEREAS, pursuant to 6 NYCRR §617.6(b)(3), the Town Board undertook coordinated
review of the action with involved agencies; and
WHEREAS, no objections were received from the involved agencies as to the Town Board
serving as the lead agency in this matter;
THEREFORE BE IT RESOLVED, that the Town Board hereby designates itself as lead
aeency pursuant to the implementing regulations of the State Environmental Quality
Review Act, specifically 6 NYCRR 4617.6(b)(2) and (3),with respect to the above-described
proposed action.
Elizabeth A. Neville
Southold Town Clerk
• q SOplyo •
ELIZABETH A.NEVILLE Town Hall, 53095 Main Road
TOWN CLERK * P.O. Box 1179
REGISTRAR OF VITAL STATISTICS cn Southold, New York 11971
MARRIAGE OFFICER �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER o�yCOU10, southo dtown.north ork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 167 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
RESOLVED, that the Town Board of the Town of Southold hereby determines to hold a
public hearing on April 19, 2005 at 2:00 o'clock p.m. at the Town Hall, 53095 Route 25,
Southold, New York, pursuant to Section 202 of the New York State Eminent Domain
Procedure Law with respect to the proposed acquisition pursuant to the New York State
Eminent Procedure Law of the following described parcel located east of Horton's lane in the
hamlet of Southold, directly behind the existing Town Hall building, for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of
Southold, County of Suffolk and State of New York, as shown on a certain map entitled"Map of
Property of George C. and Margaret A. Stankevich, indicating a portion of property to be
acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County,New
York",prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises
being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the division line
between property of George C. and Margaret A. Stankevich on the north, and property of the
Town of Southold on the south; said point being the following two (2) courses and distances
from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of
Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at
the aforementioned southwest corner of the subject premises, said point being the
point of beginning;
Thence from said point of beginning,North 31 degrees 44 minutes 10 seconds West,
along the proposed division line through the property of George C. and Margaret A. Stankevich,
a distance of 131.08 feet to a point at the southwest comer of other property of the Town of
Southold on the division line between the subject parcel on the south and said property of the
Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between
the subject property on the south and property of the Town of Southold on the north, 155.52 feet
to a point on the westerly boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at
the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at
the southwest corner of the subject parcel, said point being the point or place of
beginning.
Said premises containing 20,514 square feet or 0.471 acres, more or less, comprising the
easterly one-half(approximately) of the lot identified on the tax map of Suffolk County by the
designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C.
Stankevich and Margaret Stankevich, his wife, and it is further
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a) in two (2) successive issues of The Traveler- Watchman, the official newspaper of
the Town of Southold commencing on Thursday, March 31, 2005;
b) in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on April 4, 2005, and it is further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners.
Elizabeth A. Neville
Southold Town Clerk
r
41, o no,' ;r .t
I'1Cltlpm a yq, hA;L I Up-
of . ,.ubjccl po'uo �r.
point h_in the poilrt of bcgiu-
n i n ;
Thence from said point of
beginning. North 11 cicerces 44
minute:: 10 seconds West, slung
the proposed division line
through the property of George
G and Margaret A. Stankcvich,
a distance of 131.08 feel to a
Point at the southwest corner of
other property of the Town of
Southol(' t the division line
between subject parcel on
the south and said property of
the Town of Southold on the
north;
Thence North 58 degrees, 13 COUNTY OF SUFFOLK
minutes 30 seconds East, along
said division line between the STATE OF NEW YORK SS:
subject property on the south Jacqueline M. Dub6, being duly sworn,
and property of the Town of
Southold on the north, 155.52 says that she is the Legal Advertising
feet to a point on the westerly Coordinator, of the Traveler Watchman,
boundary line of other property
of the Town of Southold; a public newspaper printed at Southold,
Thence along said division in Suffolk County; and that the notice of
line between the subject parcel
and property of the Town of which the annexed is a printed copy, has
Southold, the following two (2) been published in said Traveler
courses and distances:
1) South 29 degrees 44 min- Watch once each week
utes fifty seconds East, a dis- forweek(s) successively,
tance of 136.82 feet to a po ,..e4J.
int at ... I ,
the southeast corner of the sub- commer7cnng o the.. J 1..........day of
ject parcel; thence � ��:� 2005.
2) South 60 degrees 22 min-
utes 20 seconds West, a distance L
of 150.87 feet to a point at the � �.�,
southwest corner of the subject
parcel,said point being the point
or place of beginning.
Said premises contain 20,514
square feet or 0.471 acres, more
or less,and comprise the caster- Swo ...
to before me this.. ....day of
LEGAL NOTICE ly one-half (approximately) of
NOTICE OF PUBLIC the lot identified on the tax map •...• 2005.
HEARING of Suffolk County by the destg-
NOTICE IS HEREBY nation District 1000, Section 61.
GIVEN, that on April 19,2005, Block 1. Lot 3 tcputed to by �— �f
at 2:00 p.m., at the Town Hall, owned by Gun e C. Stankcvich �,.Ci]y,L�z ...yl..��.�1.-l••••
53095 Main Road (Route 25), and Margaict Stankcvtch, hu - Notary Public
Southold, New York, the Town wile.
Board of the Town of Southold Daled; Southold, Nccv York
will re-open the public hearing March 29. 2005
conducted and closed on BY ORDER Of TIDE TOWN Emily Hamill
January 5, 2005 pursuant to 130AR D OF THE TOWN OF NOTARY PUBLIC,state of New York
Article 2 of the New York State SOUTHOLD No.OIHA5059984
Eminent Domain Procedure FLIZABETH NFVILLP. Qualified in Suffolk County
Law with respect to the pro- TOWN CLERK Commission expires May 06,z006
posed acquisition of the follow- '-X 3'3 1.4!7'OS (678)
mg described premises for the
purpose of expansion, recon-
struction and construction of a
new Town Hall facility in
Southold:
ALL that plot, piece or parcel
f� of land, situate, lying and being
at Southold in the Town of
Southold,County of Suffolk and
State of New York, as shown on
a certain map entitled "Map of
Property of George C. and
Margaret A. Stankevtch, indicat-
ing a portion of property to be
acquired by the Town of
Southold, situate at Southold,
Town of Southold, Suffolk
County,New York",prepared by
Louis K. McLean Associates, P.
C., dated January 18, 2005, said
premises being more particular-
ly bounded and described as fol-
lows:
BEGINNING at a point at the
southwest corner of the subject
parcel, on the division line
between property of George C.
and Margaret A. Stankevich on
the north, and property of the
Town of Southold on the south;
said point being the following
two (2) courses and distances
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that on April 19, 2005, at 2:00 p.m., at the Town Hall,
53095 Main Road (Route 25), Southold, New York, the Town Board of the Town of
Southold will re-open the public hearing conducted and closed on January 5, 2005
pursuant to Article 2 of the New York State Eminent Domain Procedure Law with
respect to the proposed acquisition of the following described premises for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the
Town of Southold, County of Suffolk and State of New York, as shown on a certain map
entitled"Map of Property of George C. and Margaret A. Stankevich, indicating a portion
of property to be acquired by the Town of Southold, situate at Southold, Town of
Southold, Suffolk County, New York", prepared by Louis K. McLean Associates, P. C.,
dated January 18, 2005, said premises being more particularly bounded and described as
follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the
division line between property of George C. and Margaret A. Stankevich on the north,
and property of the Town of Southold on the south; said point being the following two (2)
courses and distances from the intersection of the easterly boundary of Horton's Lane
with the northerly boundary of Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a
point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the
point at the aforementioned southwest corner of the subject premises, said
point being the point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds
West, along the proposed division line through the property of George C. and Margaret
A. Stankevich, a distance of 131.08 feet to a point at the southwest corner of other
property of the Town of Southold on the division line between the subject parcel on the
south and said property of the Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds4last, along said division line
between the subject property on the south and property of the Town of Southold on the
north, 155.52 feet to a point on the westerly boundary line of other property of the Town
of Southold;
Thence along said division line between the subject parcel and property of the
Town of Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a
point at the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a
point at the southwest corner of the subject parcel, said point being the point
or place of beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and
comprise the easterly one-half(approximately) of the lot identified on the tax map of
i Suffolk County by the designation District 1000, Section 61, Block 1, Lot 3, reputed to
by owned by George C. Stankevich and Margaret Stankevich, his wife.
Dated: Southold,New York
March 29, 2005
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two successive issues of The Traveler- Watchman, commencing on
Thursday, March 31, 2005; and
(b) in five (5) successive issues of Newsday, commencing on
April 4, 2005.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH
NEWSPAPER TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL. P.
O. BOX 1179, SOUTHOLD,NY 11971-0959
Copies to the following:
The Traveler Watchman Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
i
. i r
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the�day of 2005, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
Public Hearing April 19, 2005, 2:00 pm
lzabeth A. NevillcC
Southold Town Clerk
Sworn before me this
day of
1 dew
otary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 0 1 B06020932
Qualified in Suffolk Count
Term Expires March 6, 20 97
SOUTy� 1
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK # ljI P.O. Box 1179
REGISTRAR OF VITAL STATISTICS N Southold, New York 11971
MARRIAGE OFFICER �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Ol� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER co l,M,,� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 166 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines to rescind its
resolution dated January 5, 2005 to close the public hearing held that day pursuant to
Section 202 of the New York State Eminent Domain Procedure Law and Resolution
Number 854 of 2004,with respect to the proposed acquisition pursuant to the New York State
Eminent Procedure Law of the following described parcel located east of Horton's lane in the
hamlet of Southold, directly behind the existing Town Hall building, for the purpose of
expansion, reconstruction and construction of a new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of
Southold, County of Suffolk and State of New York, as shown on a certain map entitled"Map of
Property of George C. and Margaret A. Stankevich, indicating a portion of property to be
acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New
York", prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises
being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the division line
between property of George C. and Margaret A. Stankevich on the north, and property of the
Town of Southold on the south; said point being the following two (2) courses and distances
from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of
Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at
the aforementioned southwest corner of the subject premises, said point being the
point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West,
along the proposed division line through the property of George C. and Margaret A. Stankevich,
a distance of 131.08 feet to a point at the southwest corner of other property of the Town of
Southold on the division line between the subject parcel on the south and said property of the
Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between
the subject property on the south and property of the Town of Southold on the north, 155.52 feet
to a point on the westerly boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at
the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at
the southwest comer of the subject parcel, said point being the point or place of
beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and comprise the
easterly one-half(approximately) of the lot identified on the tax map of Suffolk County by the
designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C.
Stankevich and Margaret Stankevich, his wife, and it is further
RESOLVED, that the Town Board of the Town of Southold hereby determines to re-open the
said public hearing, and it is further
RESOLVED, the Town Board hereby determines to conduct the re-opened public hearing on
April 19, 2005 at 2:00 o'clock p.m. at the Town Hall, 53095 Route 25, Southold,New York, and
it is further
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a) in two (2) successive issues of The Traveler- Watchman, the official newspaper of
the Town of Southold commencing on Thursday March 31, 2005;
•
b) in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on April 4, 2005, and it is further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners.
6�a40�+
Elizabeth A. Neville
Southold Town Clerk
PATRICIA,A.FINNEGAN • �C
UFF0 • JOSHUA Y. HORTON
TOWN ATTORNEY �Q.S � Supervisor
patricia.finnegan@town.southold.ny.us ��
~ Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN ti Z P.O. Box 1179
ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959
kieran.co;coran@town.southold.ny.us Gy • �'T'
j �a� Telephone (631) 765-1939
LORI HULSC MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold,ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 23, 2005
Mr. Christopher F. Dwyer
L. K. McLean Associates, P.C.
437 South Country Road
Brookhaven, NY 11719
RE: Eminent Domain Property
Cost Proposal for Engineering Services to Amend Site Plan &
Provide Information
Cost Proposal for Engineering Services to Perform Traffic & Parking
Analysis
Dear Chris:
I am enclosing copies of the Cost Proposals in connection with the referenced
matter, which have been executed by the Supervisor. We forwarded the originals to the
Town Clerk and have retained copies in our file.
If you have any questions, please do not hesitate to call me. Thank you for your
assistance.
e truly yours,
a ncia ' neg n
own At me
PAF/lk
Enclosures
cc: Members of the Town Board (w/encls.)
Elizabeth A. Neville, Town Clerk (w/encls.)(�
~ LK&A • L. K. McLean Associates, P. C.
437 South Country Road • Brookhaven • New York . 11719 CONSULTING ENGINEERS
(631)286-8668 • FAX(631)286-6314
Associates
EUGENE F.DALY,P.E.,P.T.O,E TM, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DMIASE,P.E.,P.T.O.E'M,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E.
JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERT A.STEELE,P.E.
ROY R.FULKERSON,P.L.S.,VICE PRESIDENT
ALBERT T.DAWSON,P.E.,VICE PRESIDENT
February 23, 2005
Town of Southold
53095 Route 25 h1A19
P.O. Box 1179
Southold, N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold—George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Amend Site Plan & Provide Information
for Eminent Domain Proceeding (Part I Information as per F&E Consulting).
Dear Mrs. Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal &.
E.lkowitz Consulting Group on February 15, 2005
Based upon the correspondence we understand our immediate scone of services is to include the
following:
1. Amend the existing Site Plan prepared by V. Baras Architects to include boundary information,
setbacks, dimensioning and include all features from the two (2)previous surveys.
2. Address all items and site features identified by checkmarks on the above referenced
correspondence for the completion of Parts I of the Environmental Assessment Form (the
additional items to complete Phase III will be identified in another proposal from our office).
Our fee for the above referenced professional services is based upon our existing Annual Professional
Services Contracts with other local municipalities and past projects performed for the Town of
Southold.
Item # 1 - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier =$110.00
8 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $876.00
Subtotal for Task#1: = $986.00
Item# 2 - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier = $110.00
6 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $657.00
Subtotal for Task#2: = $767.00
Total Estimated Cost of Professional Services =$1,753.00
• Founded in 1950•
II&A • L. K. Mean Associates, P. C.
An appropriation of $1,753.00 would be required for the engineering services associated with the
execution of items #1 and #2. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as "optional' shall be considered unauthorized additional work. No
additional work shall be performed by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
�c a" fw
CFD:cfd Christopher F. Dwyer
Associate
Approved:
AoshuaHorton, Sup isor Dated
: LKMA File
III&A • L. K. Mean Associates, P. C.
437 South Country Road • Brookhaven • New York . 11719 CONSULTING ENGINEERS
(631)286-8668 • FAX(631)286-6314
Associates
EUGENE F.DALY,P.E.,P.T.O.E.TM, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DiBIASE,P.E.,P.T.O.E.'m,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E.
JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERTA.STEELE,P.E.
ROY R.FULKERSON,P.L.S.,VICE PRESIDENT
ALBERT T.DAWSON.P.E.,VICE PRESIDENT
March 1, 2005
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold— George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Perform Traffic & Parking Analysis in
order to provide Information for Eminent Domain Proceeding(Part III of EAF).
Dear Mrs. Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal
Elkowitz Consulting Group on February 15, 2005.
Based upon the correspondence we understand the second part of our services is to include the
following:
1. Perform traffic analysis at the existing Town Hall Facility, obtaining field data (counts,
intersection evaluation, road capacity analysis) and organizing field data for the purpose of
preparing a Traffic Study Report. The field anaylsis shall also include a parking survey.
2. Prepare a Traffic & Parking Analysis for the purpose of evaluating the field data and
identifying any potential conflicts or limitations with the current traffic capacity with respect to
the proposed site improvements (V. Baras Site Plan). The Traffic Analysis & Parking Study
shall be used to support the Environmental Assessment Form being prepared by Freudenthal &
Elkowitz Consulting Group.
Our fee for the above referenced professional services is based upon our revised 2005 Annual
Professional Services Contracts with other local municipalities and past projects performed for the
Town of Southold.
Item# 1 - 24 hours by Senior Traffic Engineer @ $931hr= $2,232.00
Subtotal for Task #1: _ $2,232.00
Item#2 - 16 hours by Project Manager @ $110.00/hr_ $$1,760.00
Subtotal for Task#2: =$1 760.00
Total Estimated Cost of Professional Services = 3 992.00
• Founded in 1950 •
r" MA • L. K. Mean Associates, P.C.
An appropriation of $3,992.00 would be required for the engineering services associated with the
execution of items #1 and #2. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as `optional' shall be considered unauthorized additional work. No
additional work shall be performed by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd Christopher F. Dwyer
Associate
Approved:
3-a - os
//,-
oshua Horton, Supervisor Dated
CC: LKMA File
o��pF SO(/Tyol
ELIZABETH A. NEVILLE Q Town Hall, 53095 Main Road
TOWN CLERK # P.O. Box 1179
REGISTRAR OF VITAL STATISTICS N Southold, New York 11971
MARRIAGE OFFICER . ,O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER Cow southo dtown.nor hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 113 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 15, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to retain the firm of L.K. McLean Associates to provide
Engineering Services to amend site plan and provide information for Eminent Domain
Proceeding SEQRA review, pursuant to their proposal dated February 23, 2005, said services to
be a legal charge to the Town Board's 2005 budget (A.1010.4.500.600, Engineering Services).
0Qr .
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION MARCH 15, 2005 V— 113
revised
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to retain the firm of L.K. McLean Associates to provide
Engineering Services to amend site plan and provide information for Eminent Domain
Proceeding SEQRA review,pursuant to their proposal dated February 23, 2005, said services to
be a legal charge to the Town Board's 2005 budget (A.1010.4.500.600, Engineering Services).
RESOLUTION MARCH 15, 2005 V— 113
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to retain the firm of L.K. McLean Associates to provide
Engineering Services to amend site plan and provide information for Eminent Domain
Proceeding SEQRA review, pursuant to their proposal dated February 23, 2005.
LIMA • •L. K. McLean Associates, PC
437 South Country Road • Brookhaven . New York * 11719 CONSULTING ENGINEERS
(631)286-8668 . FAX(631)286-6314
Associates
EUGENE F.DALY,P.E.,P.T.O.E.`", PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DIBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E.
JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERT A.STEELE,P.E.
ROY R.FULKERSON,P.L.S.,VICE PRESIDENT
ALBERT T.DAWSON,P.E.,VICE PRESIDENT
February 23, 2005
Town of Southold '
53095 Route 25 MAR 1 2005
P.O. Box 1179
Southold, N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold—George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Amend Site Plan & Provide Information
for Eminent Domain Proceeding (Part I Information as per F&E Consulting).
Dear Mrs. Finnegan:
L.K. McLean. Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal &.
Elkowitz Consulting Group on February 15, 2005.
Based upon the correspondence we understand our immediate scone of services-is._to include the
following:
1. Amend the existing Site Plan prepared by V. Baras Architects to include boundary information,
setbacks, dimensioning and include all features from the two (2)previous surveys.
2. Address all items and site features identified by checkmarks on the above referenced
correspondence for the completion of Parts I of the Environmental Assessment Form (the
additional items to complete Phase III will be identified in another proposal from our office).
Our fee for the above referenced professional services is based upon our existing Annual Professional
Services Contracts with other local municipalities and past projects performed for the Town of
Southold.
Item# 1 - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier = $110.00
8 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $876.00
Subtotal for Task #1: = $986.00
Item # 2 - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier = $110.00
6 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $657.00
Subtotal for Task #2: = $767.00
Total Estimated Cost of Professional Services =$1,753.00
•Founded in 1950•
LK&A • L. K. ILean Associates, P. C.
An appropriation of $1,753.00 would be required for the engineering services associated with the
execution of items #1 and #2. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as `optional' shall be considered unauthorized additional work. No
additional work shall be performed by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd Christopher F. Dwyer
Associate
Approved:
Joshua Horton, Supervisor Dated
CC: LKMA File
• PATRICIA A. FINNEGAN • VFF0 �C JOSHUA Y. HORTON
TOWN ATTORNEY �Q.S D Supervisor
patricia.finnegan@town.southold.ny.us =� r,&
KIERAN M. CORCORAN Go P.O.
Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y, � Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • �'F
LORI HULSE MONTEFUSCO �Oj � Telephone (631) 765-1939
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Ms. Joanne Liguori
From: Lynne Krauza
Secretary to the Town Attorney
Date: March 16, 2005
Subject: Cost Proposal for Engineering Services
Traffic and Parking Analysis
Eminent Domain Proceeding
Please be advised that Pat has reviewed and approved L.K. McLean
Associates' Cost Proposal dated March 1, 2005, in connection with the
referenced matter. Resolution No. 111 of 2005, which passed at yesterday's
Town Board meeting, authorizes Josh to sign this document.
In this regard, kindly have Josh sign this Proposal where indicated and
return it to me.
Thank you for your attention. If you have any questions, please call me.
/I k
Enclosure /
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) i/
LK&A L. K. McLean Associates, P. C.
437 South Country Road • Brookhaven • New York . 11719 CONSULTING ENGINEERS
(631)286-8668 • FAX(631)286-6314
Associates
EUGENE F.DALY,P.E.,P.T.O.E.`", PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DiBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E.
JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERT A.STEELE,P.E.
ROY R.FULKERSON,P.L.S.,VICE PRESIDENT
ALBERT T.DAWSON,P.E.,VICE PRESIDENT
March 1, 2005
Town of Southold M/ir i 3 LOS
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold—George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Perform Traffic & Parking Analysis in
order to provide Information for Eminent Domain Proceeding (Part III of EAF).
Dear Mrs. Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal &
Elkowitz Consulting Group on February 15, 2005.
Based upon the correspondence we understand the second part of our services is to include_ the
following:
1. Perform traffic analysis at the existing Town Hall Facility, obtaining field data (counts,
intersection evaluation, road capacity analysis) and organizing field data for the purpose of
preparing a Traffic Study Report. The field anaylsis shall also include a parking survey.
2. Prepare a Traffic & Parking Analysis for the purpose of evaluating the field data and
identifying any potential conflicts or limitations with the current traffic capacity with respect to
the proposed site improvements (V. Baras Site Plan). The Traffic Analysis & Parking Study
shall be used to support the Environmental Assessment Form being prepared by Freudenthal &
Elkowitz Consulting Group.
Our fee for the above referenced professional services is based upon our revised 2005 Annual
Professional Services Contracts with other local municipalities and past projects performed for the
Town of Southold.
Item# 1 - 24 hours by Senior Traffic Engineer @$93/hr= $2,232.00
Subtotal for Task#1: = $2 232.00
Item #2 - 16 hours by Project Manager @$110.00/hr=$$1,760.00
Subtotal for Task 42: _ $1 760.00
Total Estimated Cost of Professional Services = $3,992.00
• Founded in 1950 •
III& ` , L. K. Mclean Associates, PC.
An appropriation of $3,992.00 would be required for the engineering services associated with the
execution of items #1 and #2. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as "optional' shall be considered unauthorized additional work. No
additional work shall be performed by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd Christopher F. Dwyer
Associate
Approved:
400
Joshua Horton, Supervisor Dated
CC: LKMA File
• PATRICIA A. FINNEGAN Vff�[ • JOSHUAY. HORTON
TOWN ATTORNEY �QS �CO Supervisor
patricia.finnegan@town.southold.ny.us
p' Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN
P.O. Box 1179
ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us ��, • �'F
Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Ms. Joanne Liguori
From: Lynne Krauza
Secretary to the Town Attorney
Date: March 16, 2005
Subject: Cost Proposal for Engineering Services
Amend Site Plan & Provide Information
Eminent Domain Proceeding
Please be advised that Pat has reviewed and approved L.K. McLean
Associates' Cost Proposal dated February 23, 2005, in connection with the
referenced matter. Resolution No. 113 of 2005 authorizes Josh to sign this
document. This resolution was on yesterday's Agenda.
In this regard, kindly have Josh sign this Proposal where indicated and
return it to me.
Thank you for your attention. If you have any questions, please call me.
/I k
Enclosure /
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)l./
'LI AKA • •L. K. McLean Associates, PC
437 South Country Road • Brookhaven . New York . 11719 CONSULTING ENGINEERS
(631)286-8668 . FAX(631)286-6314
Associates
EUGENE F.DALY,P.E.,P.T.O.E.'M, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DiBIASE,P.E.,P.T.O.E TM EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E.
JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERTA.STEELE,P.E.
ROY R.FULKERSON,P.L.S.,VICE PRESIDENT
ALBERT T.DAWSON,P.E.,VICE PRESIDENT
February 23, 2005
Town of Southold
53095 Route 25 MAR 1 i=01',;5
P.O. Box 1179
Southold, N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold—George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Amend Site Plan& Provide Information
for Eminent Domain Proceeding(Part I Information as per F&E Consulting).
Dear Mrs. Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal &.
Elkowitz Consulting Group on February 15, 2005.
Based upon the correspondence we understand our immediate scope of services is_tc_mclude the
following:
1. Amend the existing Site Plan prepared by V. Baras Architects to include boundary information,
setbacks, dimensioning and include all features from the two (2)previous surveys.
2. Address all items and site features identified by checkmarks on the above referenced
correspondence for the completion of Parts I of the Environmental Assessment Form (the
additional items to complete Phase III will be identified in another proposal from our office).
Our fee for the above referenced professional services is based upon our existing Annual Professional
Services Contracts with other local municipalities and past projects performed for the Town of
Southold.
Item # I - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier = $110.00
8 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $876.00
Subtotal for Task #1: _ $986.00
Item# 2 - 1 hour by Project Manager @ $36.67/hr x 3.0 multiplier = $110.00
6 hours by CADD/Designer @ $36.50/hr. x 3.0 multiplier = $657.00
Subtotal for Task#2: _ $767.00
Total Estimated Cost of Professional Services = 1 753.00
• Founded in 1950•
LIMA • L. K. Mclean Associates, P.C.
An appropriation of $1,753.00 would be required for the engineering services associated with the
execution of items 41 and #2. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as "optional' shall be considered unauthorized additional work. No
additional work shall be performed by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd Christopher F. Dwyer
ciate
Approved:
Joshua Horton, Supervisor Dated
CC: LKMA File
r
PATRICIA A. FINNEGAN ` pFFO( JOSHUA Y. HORTON
TOWN ATTORNEY �QS �CO Supervisor
patricia.finnegan@town.southold.ny.us
Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN C=
2 P.O. Bos 1179
ASSISTANT TOWN ATTORNEY y. Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us
�Oj �a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold,ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Patricia A. Finnegan, Town Attorney
Date: March 3, 2005
Subject: Eminent Domain Proceeding
As per my recent email message, attached please find a copy of L.K.
McLean's Cost Proposal for engineering services to perform a traffic and parking
analysis in connection with the referenced matter.
PAF/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)
MAR-02-2005 92:43 FROM: TO:7656639 P.2/3
LIMA • •
L. K. McLean Associates, P. C.
437 South Counhy Road • Brookhaven • Nmv York a 11719 CONSULTING ENGINEERS
(631)286466K • FAX(631)286-6314
Associates
EUGENE F DALY.P E,P T O E.". PRESIDENT and C E O CHRISTOPHER F. DWYER
RAYMOND G DIBIASE,P,6.P T O E Tm.EXECUTIVE.VICE.PRESIDENT JAMES L.DoKONING.P E
JOSEPH F.CLINE,P E,VICE PRESIDENT ROBERT A.STEELE,P E
ROY R. FULKER$ON,P.L.$;VICE PRESIDENT
ALBERT T.DAWSON.P.E.,VICE PRESIDENT
March 1, 2005
Town of Southold
53095 Route 25
P.O. Box 1179
Southold,N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold— George&Margaret Stankevich Property
Cost Proposal for Engineering Services to Perform Traffic& Parking Analysis in
order to provide Information for Eminent Domain Proceeding(Part III of EAF).
Dear Mrs.Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the letter sent by Freudenthal &
Elkowitz Consulting Group on February 15, 2005.
Based upon the correspondence we understand the second part of our services is to include the
following!
1. Perform traffic analysis at the existing Town Hall Facility, obtaining field data (founts,
intersection evaluation, road capacity analysis) and organizing field data for the purpose of
preparing a Traffic Study Report. The field anaylsis shall also include a parking survey.
2. Prepare a Traffic & Parking Analysis for the purpose of evaluating the field data and
identifying any potential conflicts or limitations with the current traffic capacity with respect to
the proposed site improvements (V. Baras Site Plan). The Traffic Analysis & Parking Study
shall be used to support the Environmental Assessment Form being prepared by Freudenthal &
1lkowitz Consulting Group.
Our fee for the above referenced professional services is based upon our revised 1005 Annual
Professional Services Cbntrucls with other local municipalities and past projects performed for the
Town of Southold.
1'tem # 1 - 24 hours by Senior. Traffic Engineer @ $93/lu=$2,232.00
Subtotal for Task#1: =$2,232.00
Item#2 - 16 hours by Project Manager 7) $110.00/hr-=$$1,760.00
Subtotal for Task 42: =11,760_no
Total'Estimated Cost of Professional Services =$3,992.00
• Founded in 19SO•
MPR-02-2005 02:43 FROM: TO:7656639 P.3/3
46 •
LI KAR , L. K. McLean Associates, P. C.
An appropriation of $3,992.00 would be required for the engineering services associated with the
execution of items #1 and 02. The appropriation would be a cost not to exceed and shall include all
out of pocket expenses associated with travel, materials and reproduction costs. Any tasks not
identified in this proposal or listed as `optional'shall be considered unauthorized additional work. No
additional work shall be perfonned by our office without proper authorization from the Town of
Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd ChristopherF. Dwyer 0
Associate
Approved:
Joshua Horton, Supervisor, Dated
CC: LKMA File
�u
t' 11971-0959.
A synopsis of the Findings and I
COUNTY OF SUFFOLK
Determination is as follows:
1.The acquisition of the.prop- STATE OF NEW YORK ss:
e2t will benefit the public and. Nancy M. Mclau hn being duly
will be for the public purpose of Y g Y
providing sufficient area for the sworn, says that she is the Legal
110 expansion and reconstruction of Advertising Coordinator, of the Traveler
tC+ be the Town Hall facility.
*4 to 2.The approximate location of Watchman, a public newspaper printed
the property to be acquired and at Southold in Suffolk Count
the reason for the selection of y; and that
that location are: the notice of which the annexed is a
a.The approximate location tinted copy, been published in said
for the proposed project is 0.471 P PY P
acres or W154 square feet, Traveler q Watchman once each week
ocat o s less, lying east of for....cA....week(s) successively,
more o
Lane arid north of the
of the existing Town Commencing o the.....� .........day of
Hall Facility;and comprises illy m `!k'X1 ' 20
eastern portion (approximately OS
one-half) of the premises reput-
ed to be owned by George and
Margaret Suffolk
Count identified
on the Suffolk County Tax Map
as District 10o0, Section 61,
Block 1,Lot 3.
b.This location was select-
ed because of its area and conti- Sworn to b fore me this...1. .day of
gguuity to the existing Town Hall 2005.
Facility. ..... .
3. Thhe proposed project will
have the following general
effect on the environment and
residents of the locality:
a. The proposed prolect
will include the construction of Notary Public
offices ,and related facilities,
including employees and the publ for use ic
Town emp y Enviy Hamu
b.Among other things,the. NOTARY PUBLIC,State of New York
proposed pro ect will provide No.01HAsosyss4
improved public access to Town Qualified in Suffolk county
employees and officials, Commission expires May 06,2006
improved working conditions
for Town employees and offi-
cials, and increased storage for
Town records.
4.This public acquisition proj-
ect has been determined by the
Town Board of the Town of
Southold to be a Type 1 Action
under the New York Stag
Environmental Quality RevieV
Act as supplemented by Chapter
44 of the Code of the Town 6f
Southold. on May 10,2005 t1
Town Board of the Town of
Southold adopted Resolutidt4
0292,which determined that the
proposed project will not have*
significant impact on the enbd—
ronment.
Dated: Southold,New York
March 296
tlt 2005
By& OF THE TOWN
BOARD OF THE TOWN
SOVTHO)D
ELI7ABOWN CLE
2X 5/19. 5/26/05 (7 51
Legai Notice 13726541 •
I-MALNOTICE
PUBLICNOTICE
Pursuant to Miele 2 of the
New Yo*Slate Eminent Do-
main Proceduurqm Laween, public
hearings
n ary 5,2005 on
am 19,rill 19,
2005,with he
act to tfie ppre-
ppo0sad ecquiellf.n d premises
PCeletl In the hamlet of Scut-
hoid,Town of Southold,and to
inform the atone antl to review
the pudic use to be served by
the acquisition and 10 review the
impact of the aoculedion on the
community;
On May 10,2005,the con
demrmr maple Its Findings.am
Determination based on the
hearing,A copy of the Findings
and Determination will be lor-
warded to any Interestatl Per
eon without coat upon wf flan
mp�ast to Me Clerk of the Town
0.S Be 1 5300 Route 25 P
O. Box d n. Southold, NY
11911.09%.
A synoPsle of Me Fintlinge -
end Determination Ia ee t0fiows;
rot. The acquisition of the
antl will befila,Net�ubllc pulr-
fae of phwIdinp suMicient area
or the ex ro(on and moon-
. stmction of the Town Hell fedli.
ty 2.The approdmate location
of Me property to be acquired
antl Me reason for the selection
of that location ere:
e.The approdmate location
for the proposed pproject Is
0.471 acres or n154 square
feet,more or lees,jying e.1 of
Hortorm Lane and m, of the
locellon of the to stlo Town
Hall Fadlity,and wrap the
eastern portion(approximately
onahah of the prambes rapt-
W crropp be owned b Georye and
on iha Sufd�unty Tax MIT.
ee District 1000, Secfion 61,
Block 1,Lot 3.
b.Tide location was eaieded
because of Its area and confl u-
hy b the etlalirq Town Hall Fa-
dkiv The roposed project will
have Me Pollowirp general at.
fact on the environment antl
residents of the locaifiy:
e.The proposed FFroject will
Includetheconsbucfiunofof -
ea arc reenact fadlities,Inctutl-
kp pparking, for use bVV Town
ennin c4 ee andtha public;
b. Among other things,the
pyposed project will provide
kn'ecved Wblffcc accesslo Town
employees and offMae, Im-
prove0 working cumiter s for
Town employees antl officials,
rW Mcreased storage for Town
records.
4.This public acquisition pro-
tI has been determirelbythe
own Board of Me Town of
Southod to be,a TYpe 1 Action
unftrtlhe�YrwimenMl OuelryOvrk a l.w Act
as sopDDl amelYyy Chapter"
of the Catle dihe Townol5out-
hold. On May 10, 2005 the
Town Board of the Town of
Southold adopted Resection
s1?B2,which determinetl that the
proposed Project we not have a
significant Impact on the envi-
romlent
Dated:Southold,New York
March 29 2005
BY OFIB E TOWN
BOARD OF THETTOWN OF
SOUTHOLD
ELIZABETH NEVILLE
TOWNCLERK
NEWSDAY PROOF
Customer:TOWN OF SOUTHOLD Contact: LYN BOHN Phone:6317651800
Ad Number: 13726541 Start Date:05/16/2005 End Date: 05/20/2005 Times:5
Price:$1580.35 Size: 1 x 100 Section: CL Class:9000
Printed By: Date:05/13/2005
Signature of Approval: Date:
Zones: SO
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13726541
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
TUESDAY MAY 17 2005 Suffolk
MONDAY MAY 16 2005 Suffolk
WEDNESDAY MAY 18 2005 Suffolk
FRIDAY MAY 20 2005 Suffolk
TIIURSDAY MAY 19 2005 Suffolk
Sworn To Before Me This
20 day May 2005
Notary Public
ic
Guy P.Wasser
Notary Public,State of New York
No.01WA6045924
Commission Expires 08/07/2006
Qualified in Suffolk County
PATRICIA A. FINNEGAN UFF�� • JOSHUA Y. HORTON
TOWN ATTORNEY �s �CO Supervisor
patricia.finnegan@town.southold.ny.us
Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN P.O. Box 1179
ASSISTANT TOWN ATTORNEY W try Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • ��
�j �a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Patricia A. Finnegan, Esq., Town Attorney
Kieran M. Corcoran, Esq., Assistant Town Attorney
Date: March 2, 2005
Subject: Cross Sound Ferry/Esseks, Hefter& Angel
As you are aware, William W. Esseks, Esq. of Esseks, Hefter & Angel
represents the Town of Southold in an eminent domain proceeding in reference
rplans for a new Town Hall facility. Mr. Esseks also represents Cross Sound
erry Services, Inc. ("Cross Sound") as a co-plaintiff with the Town in its Federal
lawsuit against the Town of East Hampton. We now understand that Mr. Esseks
will also be representing Cross Sound in a change of zone application. As the
eminent domain proceeding bears no relation to the Town's zoning power or
regulations, the two matters appear at this time to be wholly distinct and no
ethical conflict is raised. (Likewise, the East Hampton ferry lawsuit is similarly
distinct, and Mr. Esseks does not represent the Town in that matter but rather
this office does.)
Of course, there is a potential for a "business conflict", as opposed to an
ethical conflict, if it appears that the change of zone application will become
adversarial vis-a-vis Mr. Esseks' representation of Cross Sound. Should that
event arise, the Town may then re-evaluate its level of comfort in Mr. Esseks'
representation of the Town in the eminent domain proceeding.
Please let us know if you'd like to discuss this matter further.
KMC/lk
cc: Ms. Elizabeth Neville, Town Clerk✓
PATRICIA A. FINNEGAN OS pf Wt JOSHUA Y. HORTON
TOWN ATTORNEY S �CD Supervisor
patricia.finnegan@town.southold.ny.us =� rjy�
KIERAN M. CORCORAN o - Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us ��, • �'F
LORI HULSE MONTEFUSCO j � Telephone (631) 765-1939
Facsimile (631) 766-6639
- _ ATTOPry
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
February 18, 2005
William W. Esseks, Esq.
Esseks, Hefter & Angel
P.O. Box 279
Riverhead, NY 11901-0279
RE: Eminent Domain Proceeding
Dear Mr. Esseks:
I am enclosing two copies of the Phase I Environmental Assessment prepared by
L.K. McLean Associates, P.C. in connection with the referenced matter. We have
retained one copy in our office.
If you have any questions, please feel free to call me.
e truly yours,
atriaa A. Finne a
Town Attorney
PAF/Ik
Enclosures
cc: Members of the Town Board (w/o encls.)
Ms. Elizabeth Neville, Town Clerk (w/o encls.) t/
�ashixair� �tain�ir/ ��ciate6
RECEIVED (:;Z7aa` (W"A -/-1987
6" r65-10,329.0896 JW (63-/)329. 0898
,JAN 2 4 2005
Southold Town Clerk
January 19, 2005
Hon. Joshua Y. Horton
Southold Town Supervisor
Southold Town Hall
Main Road
Southold, New York H 971
Re: Proposed Horton's Lane Condemnation
Dear Josh:
Have you abandoned your "condemn first and plan last" policy trumpeted in last week's
newspapers by initiating a top down review of the Town's options or are the outside experts you
hired yesterday ringers papering up your preconceived edifice complex?Perhaps it would be useful
to rely upon the local knowledge of Southold Town assessors,building,highway,historian,human
services, justice, land preservation, planning, police, recreation, clerk, trustee and zoning
departments?Isn't it time to get the neighbors,the public,business and civic associations,historical
and environmental groups involved? Don't we need a new master plan or at least a town public
facilities plan?
Historically and geographically, Southold Town governmental buildings and facilities have
been decentralized and spread out in Greenport, Southold, Peconic, Cutchogue and Mattituck
becagse we have a large and long town. Concentrating congestion of all departments at one point in
the village does not make sense. There never will be enough room...now...five...or ten years from
now. Modem telecommunications technology is promoting decentralization . . . most governments
do not want to put all their eggs in one basket.
Moving the justice courts to the vacant Peconic School gets the criminals out of the village
to an isolated area near the police headquarters. If a disproportionate part of the miscreants come
from Greenport then build a courthouse on the Moore's Lane village property and add a police
substation to quell the late response complaints.
Once the courts are moved, the existing Southold Town Hall can then be dedicated to the
town clerk, supervisor and town board, administrative, executive and legislative functions.
L.
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O(Uete 22 • �X §ed 3
Waa Qhe , 9�Q 6*6wA /-/937
OLne 663/,)829.0396 Aw r63.10,329 0398
RECEIVED
JAN 2 4 2005
Southold Town Cleoh January 19, 2005
Hon. Elizabeth A. Neville, Southold Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Betty:
Please distribute copies of my enclosed letter to Josh and hearing transcript to the Town
Board, the Planning Board and the Planning Department.
We would like to appear at the next work session of the town board in order to discuss this
matter.
Sinc yours,
d
teorge C. Stankevich
encl
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[ 19-63Q. -Q• 95 W..•; //96d-0624r-W(68/)8290896 -A.�68/)8290598
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lie (63-/-)329. 0396 5M �63-/-)329. 0398
RECEIVED
JAN 2 4 M
SOethoW Town Clerk January 19, 2005
Hon. Elizabeth A. Neville, Southold Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Betty:
Please distribute copies of my enclosed letter to Josh and hearing transcript to the Town
Board, the Planning Board and the Planning Department.
We would like to appear at the next work session of the town board in order to discuss this
matter.
Sinc yours,
�eorge C. Stankevich
encl
I IMWAV -• r Wad 9r.W.A 10019 •.W r631)329 0396 •5W. (63/)329.0398
II �D"Q AQ-W44� •- -01Q J.4119"06W •W<6a.J3290396 •-4.r r68/J829.0498
1174r age 22 • .51.' We4 11937-V r63 4 329 0396 •5Q, r631)3290398
I 1 6"� -01Y.' J.A//968✓d r63l)329-0396 -9r. r63I)329.0398
.__Jan 10.,.05 03'..4.6P ...._.. _..... P. 1
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c� (& a a �
V�r, 59rV' , (94Q W.,4 /-19377
OLme (63-1)829. 0396 J;Ww (634)3 9 0,998
January 10, 2005
Southold Town Planning Board
P.O. Box 1179
Main Road
Southold, New York 11971
Re: Proposed 260 Horton's Lane Condemnation
Dear Sirs:
I am requesting that you exercise your jurisdiction and initiative with regard to
assessing the municipal need, impacts and alternatives regarding any proposed Southold Town
Hall expansion. In so doing, the following should be contacted and their views solicited: the
municipal departments, the Chamber of Commerce, the Historical Society, and most importantly,
the neighbors and the public. We need a Master Plan and Financial Plan that makes sense and
meets current demands and anticipates future needs.
I was shocked that the Supervisor ignored all of this and was plunging ahead in an
ill-considered condemnation last Wednesday, as outlined in my attached letter. Just because the
Supervisor thinks he may be legally exempt from most planning ordinances, that does not mean
that it is a good thing to ignore proper and appropriate planning and advice.
Sin4. 6us,
Geokevicb
cc: Southold Town Board
I I S MW4V •94Q ty.A 9t.g4.6 10019 • W rO.i)899.0396 •A. (68,,)889 mpe
( 1914;,9Q AQ• • • .fit %W Y9M 0694r•.V rM,,)829.60Y6 •9;;. (68")899.6898
117<9 .iFY .y QGr 99 • �a "f�"^94--t?Aa ♦/987,W r68/)8990896 -9Y (68i)899.0898
1 I �• 9r g s 1068,,W r631)899_0896 -,Z. (68i)899.0898
y PATRICIA A. FINNEGAN • ff0� • JOSHUA Y. HORTON
TOWN ATTORNEY O 00 �CO Supervisor
patricia.finnegan@town.southold.ny.us hr Gy
KIERAN M. CORCORAN y Town Hall Annex, Route 25
1179
P.O. Box 1179
ASSISTANT TOWN ATTORNEY Southold, New York 11971-0969
kieran.corcoran@town.southold.ny.us Gy • ��
LORI HULSE MONTEFUSCO j � Telephone (631) 765-1939
- Facsimile(631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
January 7, 2005
William W. Esseks, Esq.
Esseks, Hefter &Angel
P.O. Box 279
Riverhead, NY 1 1 901-0279
RE: Eminent Domain
Dear Mr. Esseks:
Attached please find a proposal from L.K. McLean Associates for engineering
services relating to the Stankevich property. The Town is prepared to retain McLean to
perform the described services. As I understand from speaking to Chris Dwyer and
Mark McDonald of Geo-Science, any soil tests that may be necessary would be done
after the Phase I Environmental Review. It is also my understanding that this review is
separate from the SEQRA review which will be done by Terry Elkowitz.
Further, please let this correspondence confirm that you will contact Pat Given to
prepare an appraisal and Terry Elkowitz to perform the required SEQRA review.
Please contact me if there is anything further required at this point, or if you have
any comments on the enclosed proposal.
Verb ruly yours,
atricia A ihn n
own Attorney
PAF/Ik
5
Enclosure
cc: Members of the Town Board (w/encls.)
LAC&A • L. K. McLean Associates, P.C.
437 South Country Road • Brookhaven New York • 11 M CONSULTING ENGINEERS
(631)286-8668 • FAX(631)286-6314 www.ikma.com
Principals Associates
GEORGE J. KAIGH,P.E.,P.L.S. FREDERICK P.ERNST,P.E.
EUGENE F.DALY, P.E.,P.T.O.E TM CHRISTOPHER F.DWYER
RAYMOND G.DiBIASE,P.E.,P.T.O.E?M
JOSEPH F.CLINE, P.E.
ROY R.PULKERSON, P.L.S.
ALBERT T. DAWSON, P.E.
January 7, 2005
Town of Southold
53095 Route 25
P.O. Box 1179
Southold,N.Y. 11971
Attn: Patricia Finnegan, Town Attorney
Re: Town of Southold—George & Margaret Stankevich Property
Cost Proposal for Engineering Services to Perform Boundary Survey and Phase I
Environmental Review
Dear Mrs. Finnegan:
L.K. McLean Associates, P.C. (LKMA) is pleased to submit a proposal for professional services
relative to the scope of work discussed with yourself and as defined in the fax sent by your office on
January 6, 2005.
Based upon the faxed correspondence we understand our scone of services is to include the followin>;;
➢ Perform a boundary survey of the above referenced parcel (SCTM# 1000-061-01-03) for the
purpose of dividing the parcel as defined in the Town's description.
➢ Provide a legal description of the newly divided parcel and the remainder of the existing said
parcel.
➢ Perform a Phase I Environmental Review of the Stankevich Property. This assessment will
consist of a review of existing information regarding past and current land use to identify
possible sources of contamination within and around the project site.
Task#1 —Boundary Survey and Narrative Description of Properties
➢ Deed Research/Correlation and Mapping — 2 hours by Project Manager, 6 hours by Office
Surveyor and 4 hours by CADD/Designer.
➢ Establish Control - 4 hours by Survey Party (2 person) and I hour by Office Surveyor.
➢ Physically establish property corners and perform plan imetric survey - 6 hours by Field Survey
Party, 1 hour by Office Surveyor.
Task #2—Perform Phase I Environmental Review
➢ Review and Research the following: NYSDEC Records, Federal CERCLIS list, Historical
aerial photographs, Sanborn Insurance Company Maps, County agency data bases — 8 hours
by Environmentalist.
➢ Perform Site Visit to the parcel and neighboring area to look for observable physical evidence
Of contamination (e. g., stained soil, seepage, and stressed or dead vegetation). It is assumed
• Founded in 1950 •
a i •
LINKA L. K. McLean Associates, P. C.
that authorization to access the site will be arranged by the Town of Southold — 6 hours by
Environmentalist
➢ Prepare a screen report to include the results of the database searches, analysis of the
information collected, and observations of the field visit— 6 hours by Environmentalist.
Our fee for the above referenced professional services is based upon our existing Annual Professional
Services Contracts with other local municipalities and past projects performed for the Town of
Southold.
Task# 1 - 2 hours by Project Manager @ $53.50/hr x 2.7 multiplier = $288.90
8 hours by Office Surveyor @ $28.25/hr. x 2.7 multiplier = $610.20
4 hours by CADD/Designer @ $27.25/hr. x 2.7 multiplier = $294.30
8 hours by Survey Party @ $64.07/hr. x 2.7 multiplier = $1,383.91
Subtotal for Task#1: _ $2,577.31
Task# 2- 20 hours by Environmentalist @ $37/hr x 2.7 multiplier =$1,998.00
Subtotal for Task#2: _ $1,998.00
Total Estimated Cost of Professional Services = $4,575.31
An appropriation of $4,575.31 would be required for the estimated engineering services associated
with the execution of all items identified under Tasks #1 and #2. The appropriation would be a cost
not to exceed and shall include all out of pocket expenses associated with travel, materials and
reproduction costs. Any tasks not identified in this proposal or listed as "optional' shall be considered
unauthorized additional work. No additional work shall be performed by our office without proper
authorization from the Town of Southold.
Should this proposal be acceptable, please sign both copies of same and return one copy to this office.
This shall constitute our Notice to Proceed.
Thank you for the opportunity to provide these professional services. Should you have any questions
regarding this proposal please do not hesitate to call me.
Very truly yours,
CFD:cfd Christopher F. Dwyer � v
Associate
Approved:
Joshua Horton, Supervisor Dated
CC: LKMA File
i
1
f - - - -- - -- - - - --- --- - -- - - - --- --- - --- - - --
2 --- -X
3 In the Matter of the Condemnation of Part
Of 260 Horton ' s Lane , Southold , New York
4
5 ---- - - - ----- --- -- - - --- - - -- --- - ---- - --- --K
6 January 5 , 2005
9 : 05 a . m .
7
8 53095 Main Road
Southold , New York
9
10
11
12
d?
13,
14 B E F 0 R E :
15 Joshua Y . Horton, Supervisor
16 Dan Ross , Councilman
17 Bill Edwards , Councilman
18 John Romanelli , Councilman
19 Patricia Finnegan , Town Attorney
20 Elizabeth Neville , Town Clerk
21
22
23
24 Kristi E . Hatt
Co(u(rrttt, Reporter
25 V O[ U
SUZANNE HAND &ASSOCIATES, INC. 631,277.2700 888.WE DO EBTS
2
- - 1
2 . A P P E A R A N C E S :
3
4 ALSO PRESENT :
5 Stanley Stankevich
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SUZANNE HAND&ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
3
1 Proceedings
2 SUPERVISOR HORTON : We will open
3 the hearing with the clerk reading the
4 notification on this hearing .
5 CLERK NEVILLE : Notice is hereby
6 given that a public hearing will be held
7 before the Town board of the Town of
8 Southold on the 5th day of January 2005
9 at 9 : 00 a . m . of that day at the Town
10 Hall , 53095 Main Road , Southold , New
11 York pursuant to Article 2 of the New
12 York State Eminent Domain Procedure Law
13 with respect to the proposed acquisition
14 of a certain portion approximately half-'
15 of the following parcel located on
16 Horton ' s Lane in the hamlet of Southold
17 directly behind the existing Town Hall
18 building to provide ample space for
19 expansion and the reconstruction of the
20 Town Hall building in Southold .
21 The reputed owners are George and
22 Margaret Stankevich , Suffolk County tax
23 map number 1000 - 61 - 1 - 3 . The acquisition
24 is proposed to provide for the expansion
25 and construction of a new Town Hall
SUZANNE HAND&ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
4
1 Proceedings
2 facility , Southold , New York dated
3 November 30 , 2004 by order of the
4 Southold Town board , Elizabeth Neville ,
5 Town Clerk . Please publish as followed
6 in two successful issues of the Suffolk
7 Times commencing on Thursday , December
8 16th and in five successful issues of
9 Newsday commencing on December 15 , 2004 .
10 I do have the affidavit ' s proof of
11 publication from the Suffolk Times for
12 two weeks publication in that newspaper
13 commencing on the 16th . And I have an
14 affidavit of publication from Newsday
15 that was published five consecutive days
16 beginning on the 15th of December
17 through the 20th of December . In the
18 file I have a letter dated December 14 ,
19 2004 addressed to Mr . Stankevich at East
20 Hampton from the town attorney .
21 " Dear Mr . Stankevich , I ' m
22 enclosing a copy of resolution number
23 854 of 2004 in connection with the
24 referenced premises pursuant to Article
25 2 of the New York State Eminent Domain
SUZANNE HAND&ASSOCIATES, INC. 631.277.2700 888VE DO EBTS
5
1 Proceedings
2 Procedure Law . As you can see from the
3 enclosed , a public hearing on the
4 proposed condemnation of the referenced
5 property will be held on January 5 , 2005
6 at 9 : 00 a . m . at Town Hall . "
7 This was sent by certified mail
8 with a return receipt , both of which 1
9 have the originals attached thereto .
10 There ' s a copy of the certified
11 resolution number 854 of 2004 in the
12 file and also the Town Clerk ' s office on
13 December 9th had sent a certified copy
14 of resolution number 854 to Mr .
15 Stankevich at East Hampton . That
16 completes the file .
17 SUPERVISOR HORTON : Good morning ,
18 Town board members . Happy New Year to
19 those present at this hearing . Present
20 on the board we have Councilman Dan
21 Ross , Councilman John Romanelli ,
22 Councilman Bill Edwards , myself ,
23 Supervisor Joshua Horton . We are
24 represented by attorney Bill Essex . In
25 opening the hearing I ask town attorney ,
SUZANNE HAND fT ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
6
1 Proceedings
2 Patricia Finnegan , to read a statement
3 of the Town board for the record .
4 MS . FINNEGAN : The Town of
5 Southold is in dire need of upgrading
6 the Town Hall facilities in order to
7 properly serve the residents of the
8 Town . The current Town Hall is split
9 between two locations ; the existing Town
10 Hall owned by the Town and the Town Hall
11 annex located in office space by North
12 Fork Bank . In order to provide the
13 necessary level of service and
14 efficiency for th'e benefit of the
15 public , the Town requires one campus on
16 the Town Hall complex large enough to
17 meet the Town ' s current needs with room
18 for future expansion .
19 The property and facility owned by
20 the Town at 53095 Main Road and along
21 Travelers Street in Southold are
22 insufficient to meet those needs . The
23 current Town Hall facility is
24 undersized , and the Town-owned property
25 along Travelers Street is also
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2 insufficient in size and is separated by
3 the current Town Hall facility by the
4 Stankevich ' s property .
5 The Town seeks to acquire one half
6 of the Stankevich ' s property , tax map
7 number 1000 - 61 - 1 - 3 . The back portion , a
8 parcel that is one half of one acre in
9 size , the Town would proceed with
10 construction with an integrated Town
11 Hall complex expanded on the Travelers
12 Street property and the one half
I 13 Stankevich parcel which would allow for
14 a facility of sufficient size , parking/
15 and room for future expansion .
16 The main entrance for the public
17 would be located at the complex , which
18 would no longer require residents to
19 park along the road and cross the street
20 in order to conduct their Town affairs .
21 Acquiring a portion of the property
22 owned by the Stankevichs would allow the
23 Town not only to achieve its one campus
24 solution , but also to provide a separate
25 court facility on a single campus .
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2 Under this plan the justice court
3 would continued to be located in the
4 current Town Hall facility which would
5 be separated from the plan ' s new
6 complex . The separation would provide
7 for safety to the public visiting the
8 new Town Hall , which would no longer
9 need to -- in order to conduct their
10 Town affairs . However , the public can
11 still 'benefit from the court ' s location .
12 I would like to place in the
13 record on behalf of the Town a survey
14 description of !-/he property prepared by
15 our Town engineering office and also an
16 aerial photograph of the location . On
17 the legal description , the parcel sought
18 to be acquired is the parcel that is
19 marked 20 , 520 square feet . And I would
20 also place in the areal photograph which
21 shows the entire parcel we would seek to
22 acquire the back of . I ' ll mark that as
23 Town 1 and 2 .
24 ( Survey was marked as
25 Town Exhibit 1 for identification, as of
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2 this date . )
3 ( Photograph was marked as
4 Town Exhibit 2 for identification , as of
5 this date . )
6 SUPERVISOR HORTON : Is there
7 anyone wishing to address the board in
8 this public hearing?
9 MR . STANKEVICH : I will address
10 the board . My name is George
11 Stankevich . I ' m with the Law Offices at
12 74 Montauk . I ' m one of the owners of
13 the property that ' s subject of this
i
14 hearing . Being here today is like deja
15 vu again . I can remember when I first
16 came to town 30 years ago . Bill Essex
17 was working with Bob in Greenport
18 opening his offices in Riverhead . I met
19 Howard Terry, the building inspector , in
20 a little house down on the east end of
21 this property . Al Martosha still had
22 his office in Greenport .
23 The issue then was consolidation
24 and expansion of Town facilities .
25 That ' s how we are sitting in the
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2 building here , because Al at this time
3 picked out this property . Interestingly
4 enough this - - building with - - ran
5 across all of the problems that are
6 generally involved in conducting the
7 facility . And no sooner had it been put
8 up the issue of the future facilities
9 came to mind and had been talked about
10 for 30 years since .
11 I think that when you look at
12 something like this , this comment is
13 appropriate , leadership is vision and
14 arrogance is blind . I think this is an
15 arrogant condemnation . It is arrogant
16 to ignore Southold ' s 350 -year history of
17 never condemning property over the
18 objection of its owners . It ' s certainly
19 never condemned without adequate public
20 discussion and private discussion . I
21 don ' t think that has occurred here .
22 I think it is arrogant to proceed
23 on a fast track , which I believe we are
24 on here , due to the insistence of our
25 supervisor without an adequate master
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2 plan , without thorough zoning and
3 planning analysis , without a viable
4 financial plan and adequate study of
5 this Town , what we are trying to
6 establish and for the next 30 years .
7 People can say the Town is exempt from
8 all of these things , but the Town is not
9 exempt from good thinking and using the
10 resources to get the best result for the
11 Town .
12 Because the function is really
13 what is the public purpose . The flip
14 side of the issue is what is the public
15 issue , what does the public need , what
16 are we trying to accomplish . As I
17 understand it , what the public needs
18 here really is the justice court , which
19 is overflowing . That ' s why we ' re in
20 this conference room rather than at the
21 scheduled location in the main meeting
22 room, because it ' s being used as court
23 today .
24 It ' s overflowing because Greenport
25 closed their courts and two or three
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2 days a week we have Town Hall overrun
3 with criminals and running around the
4 streets of the villages and hamlet of
5 Southold , and it ' s creating a problem .
6 It ' s a problem of not only space but of
7 mixing different types of activities on
8 the same site . I think that a proper
9 dispatched review of this might come up
10 with a more proper solution of what the
11 public purpose is we are talking about
12 here today .
13 In my view we are here because the
14 supervisor screwed up the negotiations
15 with the Peconic schools and the
16 property situation . So now we are in
17 phase three trying to find office space .
18 I think it ' s arrogant to tell me and the
19 public that the public school in Peconic
20 is not available . I can tell you as
21 recent as Monday this week the school
22 district is anxious to make a deal to
23 dispose of that building , that four-acre
24 site . That ' s the site that suits the
25 public purpose , because it would allow
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2 us immediately to put the court system
3 down where it belongs , next to the
4 police station at a very affordable
5 price .
6 If the price wasn ' t affordable
7 with the school , it really doesn ' t make
8 any difference because we are moving
9 money from one pocket of Southold to the
10 other . If the school district gave us
11 the property for nothing , it ' s still in
12 public hands and use . And if we
13 overpaid for the school , we are still
14 putting money in Southold Town ' s pocket .
15 It ' s us . It would solve the solution to
16 the problem which is get the court
17 system separated from the hamlet of
18 Southold , diffuse the property and to
19 provide us four acres for future growth ,
20 because I ' m sure we won ' t be here in 30
21 years . And somebody will . And they
22 will be talking about the same issue .
23 We would be solving many problems
24 not only for ourselves . I think it ' s
25 their fault , arrogance , not to consider
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2 getting a new negotiator to look at the
3 Town with this issue with the school and
4 with the Southold district . I think
5 further evidence of arrogance is that
6 you were presented with an appraisal .
7 The appraisal ignores the two most
8 obvious factors in determining the value
9 of the property we are talking about .
10 It ignores the Whitaker property
11 on the corner that you recently sold ,
12 which was a teardown , a lot smaller than
t 13 what you ' re talking about here for
14 $375 , 000 . And' it ignores the - -
15 property that the Town board over 25
16 years ago - - identical to the property
17 in question and my property for $128 , 000
18 25 years ago . I ask anyone in this
19 room, would you sell me your house for
20 what you paid for it 25 years ago? It ' s
21 preposterous . And in your
22 presentations , both your appraiser and
23 Mr . Horton , you totally ignore the
24 severance damages that I ' m going to
i
25 sustain by you cutting off the vacant
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2 one half of my property , which is the
3 only developable portion of that
4 property .
5 If you eliminate the severance
6 damages from the calculation , the
7 appraisal is unsustainable . You can ' t
8 do that . It ' s professionally in error ,
9 and no Court would accept such an
10 appraisal . What you ' re getting yourself
11 into here is a proposed purchase on an
12 estimated price that once you get in
13 front of a judge you could end up paying
14 $1 million . You lose control of fi=lking
15 the price . I don ' t think that ' s fair to
16 myself as a taxpayer , to the other
17 taxpayers and voters in this town . I
18 don ' t think it ' s fair to all of the
19 board members here .
20 There is a way to solve that , have
21 some decent discussions . I don ' t think
22 we ' ve had that . I have been told that
23 you have a great plan , a modular
24 building , they have done this before in
25 Greenport at one of the motels and
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2 you ' re going to get a good price on all
3 of this . There ' s something called a
4 Wicks Law that tells us one slips
5 through the cup and the - - you just
6 can ' t do this , build a public facility
7 by selecting some guy who had success in
8 Greenport . It just doesn ' t work that
9 way .
10 I think before we take this next
11 step we ought to evaluate our cost , not
12 only of the property but the utility and
13 future years and give this some pause .
14 To my knowledge ;you have done no test
15 holes on the property . You don ' t know
16 what you ' re going to hit . You don ' t
17 have a clue what is under that property
18 next door . But I remember with Al there
19 were water problems . This area was a
20 swamp and it was filled . I bring that
21 up just as an indication of the fact
22 that we are getting ass backwards .
23 The last thing you should be doing
24 is condemning the property , because you
25 can always do that . You don ' t have to
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2 rush that through today. But the first
3 thing you should be doing is taking this
4 idea and flushing it out , allowing the
5 planning department to do traffic
6 studies , allowing yourself the liberty
7 of getting some hard financial data ,
8 allowing yourself to further evaluate
9 the appraisals .
10 Really I don ' t want my family to
11 end up as your roadkill . I don ' t want
12 to end up like the Whitaker property
13 where something started , the property is
14 acquired and then you hit a bump in the
15 road . You can ' t fulfill the project and
16 you end up putting the property up for
17 sale to some stranger . I end up with
18 someone owning the back half of my
19 property, because things didn ' t work
20 out . The least I can hope for is that
21 you give this a pause . You get some
22 more community input , better financials
23 on this . You appoint a committee review
24 board to go down to Southold school
25 district , because they do want to sell
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2 that property .
3 I ' m sure something can be worked
4 out that should be put back on the
5 table . Just call time out today . As I
6 understand it you ' re all set to slam
7 through a resolution today to start this
8 condemnation or finish it . And I think
9 that ' s unfortunate . It ' s not really
10 what we expect of how government is
11 conducted in Southold . It ' s like coming
12 home to me . It ' s a great place . I ' m
13 one of the few people in the room that
14 come here evF�ry six months or once a
15 year .
16 I notice the differences that you
17 don ' t notice , because they creep up on
18 you day- to-day . You have done a great
19 job in this town . I ride up from
20 Mattituck and say, this place looks
21 great and it looks better than it did 30
22 years ago . We don ' t have a lot of
23 sprawl . It ' s really a great town . It ' s
24 something that is only a memory on the
25 south fork .
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2 I hope that this appearance of
3 arrogance disappears . Somebody said
4 that your supervisor is using Mayor
5 Kapell as a role model . I can tell you
6 I know Mayor Kapell and I know your
7 supervisor , and I know he is not Mayor
8 Kapell . Southold is not Greenport .
9 I think that in spirit of moving
10 ahead let ' s call a time out . I ' d like
11 to talk with you some more . I ' d .like
12 you to talk to our appraisers . I ' m sure
} 13 Bill would like to peruse some of these
i
14 appraiser ' s findings . I think you would
15 like to talk to various community groups
16 and whatnot , use the resources of the
17 Town to make sure we are making the
18 right decision today . Thank you . I ' d
19 like to submit for the record Exhibit A
20 of my comments .
21 ( Comments were marked as
22 Exhibit A for identification , as of
23 this date . )
24 SUPERVISOR HORTON : Please give
25 those to the Town Clerk . She ' ll hand
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2 them out . Thank you . Prior to closing
3 the hearing I would like the record to
4 reflect that the board has not convened
5 here today with the intention of passing
6 a resolution . This is a public hearing .
7 We have no resolutions to vote on today .
8 Is there anybody else who wishes to
9 speak?
10 (No response )
it SUPERVISOR HORTON : We ' ll close
12 this hearing . Thank you .
13
14 (Time Noted : 9 : 30 a . m . )
15
16
17
18
19
20
21
22
23
24
{
25
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2
3 INDEX
4
5 E X H I B I T S
6 TOWN
7 EXHIBIT DESCRIPTION PAGE
8 1 Survey 8
9 2 Photograph 9
10
11 EXHIBIT DESCRIPTION PAGE
12 A Comments 19
13
i
14
15
16
17
18
19
20
21
22
23
24
25
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1
2
3 CERTIFICATION
4
5 I , KRISTI E . HATT , a Notary Public in
6 and for the State of New York , do hereby certify :
7 THAT the foregoing is a true and accurate
8 transcript of my stenographic notes .
9 IN- WITNESS WHEREOF , I. have hereunto set my hand
10 this 5th day of January, 2005 .
11
12
13
14 KRISTI E . HATT
15
16
17
18
19
20
21
22
23
24
25
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SUZANNE HAND&ASSOCIATES,INC. 631.277.2700 888VE DO EBTs
• 0
Page 25
16:12,15,17,24 result 11:10 solution 7:24 12:10 12:14 19:4,7,24 8:25 9:4,16,24
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6:12 7:24 8:6 road 1:8 3:10 6:20 19:13 swamp 16:20 Town owned 6:24
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SUZANNE HAND&ASSOCIATES,INC. 631.277.2700 888.WE DO EBTs
Page 26
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5
SUZANNE HAND&ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 5, 2005
9:00 A.M.
EMINENT DOMAIN HEARING. SCTM #1000-61-1-3
Present: Supervisor Joshua Y. Horton
Councilman John M. Romanelli
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Justice Louisa P. Evans
Councilman Thomas H. Wickham
SUPERVISOR HORTON: We will open the hearing with the Clerk reading the notice of hearing.
TOWN CLERK ELIZABETH NEVILLE: Notice is hereby given that a public hearing will be held
before the Town Board of the Town of Southold on the 5`h day of January, 2005 at 9:00 a.m. of that
day at the Town Hall, 53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the
New York State Eminent Domain Procedure Law with respect to the proposed acquisition of the
eastern portion (approximately half) of the following parcel located on Hortons Lane in the hamlet of
Southold, directly behind the existing Town Hall building, to provide ample space for expansion and
the reconstruction of the Town Hall building in Southold: Reputed Owners:George and Margaret
Stankevich, SCTM #1000-61-1-3. The acquisition is proposed to provide for the expansion and
construction of a new Town Hall facility. Dated: Southold, New York, November 30, 2004 by order of
the Southold Town Board, Elizabeth Neville, Town Clerk. Please publish as follows in two successive
issues of the Suffolk Times commencing on Thursday, December 161h and in five successive issues of
Newsday commencing on December 15, 2004. And I do have the affidavit's proof of publication from
the Suffolk Times for two weeks publication in that newspaper, commencing on the 16"' and I have an
affidavit of publication from Newsday, that it was published five consecutive days, beginning on the
15`h of December through the 201h of December. I have a, in the file I have a letter dated December 14,
2004 addressed to Mr. Stankevich of East Hampton from the Town Attorney. "Dear Mr. Stankevich, I
am enclosing a copy of resolution number 854 of 2004 in connection with the referenced premises
pursuant to Article 2 of the New York State Eminent Domain Procedure Law. As you can see from the
enclosed, a public hearing on the proposed condemnation of the referenced property will be held
January 5, 2005 at 9:00 A.M. at Town Hall." This was sent by certified mail with a return receipt,
both of which I have the originals attached thereto. There's of the copy of the certified resolution
January 5, 2005 • 2 •
Public Hearing-Eminent Domain
number 854 of 2004 in the file and also the Town Clerk's office on December 9`h had sent a certified
copy of resolution number 854 to Mr. Stankevich at East Hampton. And that completes the file.
SUPERVISOR HORTON: Good morning everybody, Town Board members and Mr. Stankevich.
Happy New Year to you all. Present at this hearing are Town Board members Councilman Dan Ross,
Councilman John Romanelli, Councilman Bill Edwards and myself, Supervisor Joshua Y. Horton and
we are represented by attorney Bill Essex. At this point I ask, opening the hearing, I ask Town
Attorney Pat Finnegan to read a statement of the Town Board for the record.
TOWN ATTORNEY PATRICIA FINNEGAN: "The Town of Southold is in dire need of expanding
and upgrading its Town Hall facilities in order to properly serve the residents of the Town. The current
Town Hall is split between two locations; the existing Town Hall, owned by the Town and the Town
Hall Annex located in office space that the Town rents from North Fork Bank. In order to provide the
necessary level of service and efficiency for the benefit of the public, the Town requires a one campus
Town Hall complex that is large enough to meet the Town's current needs with room for future
expansion. The property and facility owned by the Town at 53095 Main Road and along Traveler
Street in Southold are insufficient to meet those needs. The current Town Hall facility is undersized
and in drastic need of renovation. The Town owned property along Traveler Street is also insufficient
in size and is separated from the current Town Hall facility by the Stankevich property. The Town
seeks to acquire one-half of the Stankevich property, which is SCTM 91000-61-1-3. The back portion.
A parcel that is one-half of one acre in size. The Town would then proceed with construction of an
integrated Town Hall complex, spanning the Traveler Street property and the one-half acre Stankevich
parcel, which would allow for a facility of sufficient size, adequate parking and room for future
expansion. The main entrance for the public would be located at the complex, which would no longer
require residents to park along and or cross State Route 25 in order to conduct their Town affairs.
Acquiring the portion of property owned by the Stankevich's would allow the Town not only to
achieve its one campus solution but also to provide for a separate court facility on a single campus.
Under this plan, the Town Justice Court would continue to be located at the current Town Hall facility,
which would be physically separated from the planned new complex. The physical separation would
provide for heightened safety for the public visiting the new Town Hall, who would no longer need to
traverse the court related traffic, in order to conduct their affairs. However, the public would still
benefit from the court's location on the single campus." I would like to place into the record on behalf
of the Town a survey description of the property prepared by our Town Engineering office and also an
aerial photograph of the location. On the legal description, the parcel sought to be acquired is the
parcel that is marked as being 20,520 square feet, which is the rear portion of the Stankevich property.
And I would also place in the aerial, which shows the entire parcel, the entire Stankevich parcel and we
would, again, seek to acquire the back of that. I will mark that as Town exhibit 1 and 2.
SUPERVISOR HORTON: Thank you, Mrs. Finnegan. Would anybody care to address the Board on
this public hearing?
GEORGE STANKEVICH: I will address the Board. My name is George Stankevich, with law offices
at 74 Montauk Highway. I am one of the owners of the property that is subject of this hearing. Being
here today is like d6jA vu again. I can remember when I first came to town, a little over 30 years ago.
Bill Essex was working with Bob (inaudible) in Greenport, who had just opened up his offices in
Riverhead. I met Howard Terry, the building inspector, in a little house down on the corner of this
January 5, 2005 • 3 •
Public Hearing-Eminent Domain
property. Al Martocchia still had his office in Greenport. And the issue then was consolidation and
expansion of Town facilities. And that is how we are sitting in the building here, because Al and the
Board at that time picked out this property. Interestingly enough, got involved with modular building
with an out of town builder. Ran across all the problems that were generally involved with
constructing a facility. No sooner had it been put up than the issue of future facilities came to mind
and have been talked about for 30 years since. I think that when you look at something like this, this
comment is appropriate. `Leadership is vision and arrogance is blind.' I think this is an arrogant
condemnation in the way it has been conducted. What do I mean by that? I think it is arrogant to
ignore 350 years of history in this Town, where never has a property been condemned over the
objection of a property owner. It certainly never been condemned with adequate, without adequate
public discussion and private discussion with the owners involved. I don't think that has occurred
here. I think that it was arrogant to proceed on a fast-track, which I believe we are on here, due to the
insistence of our Supervisor, without an adequate master plan in review of this, without an adequate
zoning review of this, without an adequate traffic review of this, without an adequate study as to what
we are tying to accomplish in this Town now and for the next 30 years. Now, people do say that the
Town is exempt from all of these things, the Town is not exempt from good thinking and using the
resources at hand to get the best results. Because the function is really what is the public purpose? The
flip side of the issue of what public purpose is, is what does the public need? What are we trying to
accomplish? As I understand it, the public need here really is that the Justice Court is over-flowing
and that is why we are in this conference room today, rather than at the scheduled location in the public
hearing in the main meeting room because it is being used as court today. And it is overflowing
because Greenport closed their courts and two or three days a week we have Town Hall over run with
criminals and they are running around the streets of the village and the hamlet of Southold and it is
creating a problem. So it is a problem of not only space but of mixing different types of activities on
the same site. I think that the proper dispassionate review of this might come up with a proper solution
of what the public purpose we are talking about here today. Now, in my view, we are here because the
Supervisor screwed up the negotiations with the Peconic Schools and ruined the Whitaker property
situation. So now we are in phase three trying to find office space, I think it is arrogant to tell me and
the public that the public school in Peconic is not available. That is what I have been told and I can tell
you that as late as this Monday, this week or the recent Monday this week, that school district is
anxious to make a deal, to dispose of that building, this four-acre site. And that's the site that suits the
public purpose. Because it would allow us immediately to put the court system down where it belongs,
next to the police station, at a very affordable price. And you know, if the price wasn't affordable with
the Peconic school, it really doesn't make any difference because you are moving money from one
pocket of Southold to the other. If the school district gave us the property for nothing, it is still in
public hands and public use. And if we overpaid for the school, we are still putting money in Southold
Town's pocket. It is us. And it would solve the solution to the problem, which is get the court system
separated from the hamlet of Southold and diffuse the property and to provide us four acres for future
growth because I am sure we won't be here in 30 years but somebody will and they are going to be
talking about the same issue. And we would be solving many problems, not only for ourselves. And I
think it is therefore arrogant to not consider getting a new negotiator for the Town to look at this issue
with Peconic School and with the Southold School district. I think that further evidence of arrogance
here is that you presented or you were presented with an appraisal and the appraisal ignores the two
most obvious comparables in determining the value of the property we are talking about. It ignores the
Whitaker property on the corner that you recently sold, which was a tear down, a lot smaller than what
you are talking here for over $375,000, twice than what your appraisal for the subject property is
January 5, 2005 • 4 •
Public Hearing-Eminent Domain
worth. It ignores the Academy Printing property that the Town Board over 25 years ago, identical to
the property in question, my property, for $138,000 twenty five years ago. I ask anybody in this room,
would you sell me your house for what you paid for it 25 years ago? It is preposterous. And in your
presentation both your appraiser and Mr. Horton totally ignores the severance damages that I am going
to sustain by you cutting off the vacant one-half of my property, which is really the only developable
and building portion of that property. If you eliminate the severance damages from the calculation, the
appraisal is unsustainable. You just can't do that. It's professionally in error and no court would
accept such an appraisal. So what you are getting yourself into here is a proposed purchase on an
estimated price that once you get in front of a judge, you could end up paying $1,000,000. You lose
control of fixing the price. And I don't think that is fair to myself as a taxpayer, to the other taxpayers
and voters in this Town. I don't think it is fair to really all the Board members here. Now, there is a
way to solve that, have some decent discussions. I don't think we have done that. I have been told that
you have a great plan, you have a modular building, they have done this before, apparently down in
Greenport at one of the motels, and you are going to get a great price on all of this but you know, there
is something called the Wicks Law that tells us there is many a slip between the cup and the mouth,
you just can't go build a public facility by selecting some guy that has some success in Greenport. It
just doesn't work that way. So I think that before we take this next step, we ought to evaluate our
costs, not only of the property, evaluate its utility, evaluate its future use and give this some pause. To
my knowledge, you have done no test holes on the subject property, you don't know what you are
going to hit. You don't have a clue what is under that property next door. But I remember when Al
Martocchia built this building, they had water problems. This area was a swamp and it was filled. I
furnish that just as an indication of the fact that we are getting this ass backwards. The last thing we
should be doing is condemning the property because you can always do that. You don't have to rush
that through today. But the first thing you should be doing is taking this idea and fleshing it out.
Really allowing the Planning Department to do some traffic studies, allowing yourself the liberty of
getting some hard financial data, allowing yourself the liberty to further evaluate the appraisal and I
have a critique for you here today on your appraisal. Because really I don't want my family to end up
as your road kill. I don't want my family to end up as your road kill. I don't want to end up like the
Whitaker property, where something is started, the property is acquired and then you hit a bump in the
road, you can't fulfill the project and you end up putting the property up for sale to some stranger. I
end up with somebody owning the back half of my property because things didn't workout. So I think
the very least I can hope for today in speaking with you is that you give a pause, that you get some
more community input to this, you get better financials on this, you appoint a committee from your
Board to go down to Southold School district because they do want to sell that property. And I am
sure that something can be worked out and that should be put back on the table. And just call, like,
time out today. Because as I understand it, you are all set to slam through a resolution today, to start
this condemnation process or finish it. I think that is unfortunate. It's not really what we expect of
how government is conducted in Southold. It is like coming home to me, being in Southold. It is a
great place. I'm one of the few people here in the room, I come here every six months, maybe once a
year and I notice the differences that you don't notice because they creep up on you, day to day. And I
can tell you this, in general, you have done a fantastic job in this town. I ride in from Mattituck and I
say, `wow' this place not only still looks great, it looks better than it was 30 years ago because a lot of
the dilapidated farm houses and what not have been fixed up and we don't have an awful lot of sprawl,
we have got some vineyards, it's really a tremendous town. It's something that there is only a memory
on the south fork whenever I come. I hope that this appearance of arrogance disappears. You know,
somebody said that your Supervisor kind of uses Mayor Kapell as a role model. I could tell you, I
January 5, 2005 5 •
Public Hearing-Eminent Domain
know Mayor Kapell and I know your Supervisor and your Supervisor is not Mayor Kapell. Southold is
not Greenport. So I think that your spirit, spirit of moving ahead, let's call time out. I would like to
talk with you some more, I'd like you to talk to our appraisers, I am sure that Bill would like to peruse
some of these appraiser's findings. I think you would like to talk to various community groups and
whatnot, the Planning Board. Use the resources in Town to make sure we are making the right decision
today. Thank you very much. And I would like to submit for the record exhibit A, my comments. In
fact, I have one for each of the Board members.
SUPERVISOR HORTON: If you would give those to the Town Clerk, she will make sure that it is
distributed to each of us. Thank you, Mr. Stankevich. We will close this hearing. Excuse me, let me
retract that, prior to closing the hearing, I would like the record to reflect that the Board has not
convened here today with the intention of passing a resolution. This is a public hearing and we have
no resolutions to vote on today. Board members? (No response) We will close this hearing.
Elizabeth Neville
Southold Town Clerk
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BEGINNING AT A POINT ON A WESTERLY LINE OF LAND OF TOWN OF SOUTHOLD,
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TRAVELER STREET; FROM SAID PIONT RUNNING ALONG SAID LAND OF TOWN OF
SOUTHOLD-2 COURSES, AS FOLLOWS:
(1) S.29 -44'-50"E. A DISTANCE OF 136.82',THEN
(2) S.60-22'-20"W. A DISTANCE OF 151-+/-,THEN
THROUGH THE LAND OF STANKOVICH- N.31 -44'- 10"W. A DISTANCE OF 131'+/-
TO THE LAND OF TOWN OF SOUTHOLD, THEN ALONG SAID LAND N.58- 13--30"E.
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PATRICIA A. FINNEGAN• • JOSHUA Y. HORTON
TOWN ATTORNEY ��gUFFO�,�co Supervisor
patricia.finnegan@town.southold.ny.us �0
� Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y- Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us
LORI HULSE MONTEFUSCO ��j .�`�� Telephone(631) 765-1939
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
December 14, 2004
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11937
RE: SCTM No. 1000-61-1-3
Dear Mr. Stankevich:
I am enclosing a copy of Resolution No. 854 of 2004 in connection with the
referenced premises pursuant to Article 2 of the New York State Eminent Domain
Procedure Law.
As you can see from the enclosed, a public hearing on the proposed
condemnation of the referenced property will be held on January 5, 2005 at 9:00 a.m. at
Town Hall.
4riVerytruly yo rcia A. Fi n
Town Attorne
PAF/lk
Enclosures
cc: Members of the Town Board (w/encls.)
Ms. Elizabeth Neville, Town Clerk (w/encls.)
• c •
am
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK y Z P.O. Box 1179
REGISTRAR OF VITAL STATISTICS D Southold, New York 11971
MARRIAGE OFFICER 'y ' ��� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ��l `�� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 854 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 30, 2004:
RESOLVED that the Town Board of the Town of Southold hereby determines to hold a public
hearine on January 5, 2005 at 9:00 o'clock a.m. at the Town Hall, 53095 Route 25,
Southold, New York, pursuant to Article 2 of the New York State Eminent Domain
Procedure Law with respect to the proposed acquisition under the New York Eminent
Domain Procedure Law of the eastern portion (approximately half) of the followine parcel
located on Hortons Lane in the hainlet of Southold, directly behind the existing Town Hall
building,to provide ample space for expansion and the reconstruction of the Town Hall
buildine in Southold:
Reputed Owners George and Margaret Stankevich
SCTM #1000-61-1-3
The property to be acquired is needed for the purpose of expansion and construction of a new
Town Hall facility.
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a. in two (2) successive issues of The Suffolk Times, the official newspaper of the Town
of Southold commencing on Thursday, December 16, 2004; and
b. in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on December 15, 2004; and be it further
•
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution and the attached notice to Patricia A. Finnegan, Town Attorney, and reputed owners.
Elizabeth A. Neville
Southold Town Clerk
•
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held before the Town Board of the
Town of Southold on the 5th day of January, 2005 at 9:00 a.m. of that day at the Town Hall,
53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the New York State
Eminent Domain Procedure Law with respect to the proposed acquisition of the eastern portion
(approximately half) of the following parcel located on Hortons Lane in the hamlet of Southold,
directly behind the existing Town Hall building, to provide ample space for expansion and the
reconstruction of the Town Hall building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM # 1000-61-1-3
The acquisition is proposed to provide for the expansion and construction of a new Town Hall
facility.
Dated: Southold, New York
November 30, 2004
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two (2) successive issues of The Suffolk Times commencing on Thursday,
December 16, 2004; and
(b) in five (5) successive issues of Newsday commencing on December 15, 2004.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH NEWSPAPER
TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD,
NY 11971 -0959
Copies to the following:
The Suffolk Times Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
P
SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Prinf Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ ' your name and address on the reverse
iat we can return the card to you. atur
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. ❑Addressee
. Is €ry address different from item 19 ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Mr. George Stankevich
74 Montauk Hwy.
Suite 22 , The Red Horse
East Hampton, NY 11937 3. Service Type
IR Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(G 7003 0500 0002 8376 2283
i
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
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EXHIBIT
CONDEMNATION HEARING
260 HORTON'S LANE
SOUTHOLD,NEW YORK 11971
JANUARY 5, 2005
Honorable Joshua Y. Horton,
Supervisor Town of Southold
Southold Town Hall
53095 Route 25
P.O. Box 1179
Southold,New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Josh:
Leadership is vision...arrogance is blind. This is an arrogant condemnation.
It is arrogant to ignore Southold's 350-year history of never condemning property
over the objection of its owners.
It was arrogant for the Town to tell me two months ago that it was condemning
my property without normal discussion and discourse.
It is arrogant to rush headlong into a condemnation without an adequate Master
Plan review...without thorough zoning and planning analysis...without a viable financial plan.
It is arrogant to ignore the public purpose of this condemnation, i.e., building a
new Justice Courthouse in order to get the criminals out of Town Hall and the hamlet...when in
fact, dumping them in the backyard of Town Hall will be no solution.
It is arrogant to state that the abandoned Peconic School is not available, when, in
fact, as recent as last Monday they told me the contrary and only refusal to make a fair market
value offer, stymied the deal. Whatever financial arrangement, it costs Southold nothing,
because it is merely transferring resources from one Southold pocket to another, i.e. from the
Town to the School District. The Peconic location removes the criminals from the hamlet to a
location next to the Police Station and Highway Department. The Peconic School Building and
four-acre site in the vicinity of the Police Station and Highway Department provide an ideal
location for locating affiliated activities, such as the Justice Court System, engineering, zoning ,
planning, and plenty of room for expansion. The Peconic site diffuses and disperses traffic,
rather than concentrating it in Southold hamlet.
It is arrogant to ignore the need for a new negotiator.
It is arrogant for the Town's appraisal to offer me approximately what the Town
paid twenty-five years ago for the identical Academy Printing half-acre and half of what the
Town paid last year for the adjoining Whitaker site.
It is arrogant to suggest that I sell my property for what it was worth twenty-five
years ago. Would anybody sell his house today for what it was worth twenty-five years ago?
It is arrogant for the Town's appraisal to ignore the very existence of these
adjacent comparable sales.
It is arrogant for the Town's appraisal to fail to consider the severance damages
accruing from the proposed taking of the vacant, rear, developable portion of the Horton's Lane
property. After all, the Whitaker site fiasco proves that the front historical house portion is
unlikely to be further developed due to the Historic District designation.
It is arrogant to suggest that Wicks Law bidding can or should be avoided on this
proposed public project, regardless of how good a job the modular structures worked out on the
Greenport Hotel Project.
It is arrogant to assume that I will become political roadkill. I am requesting that
the Town Board exercise its vision and leadership and ignore your blind arrogance.
I am requesting that the Town Board hold your request in abeyance for the time
being, refuse to go along with you and refuse to pass a Condemnation Resolution until all of the
above is discussed in depth publicly with all planners, the Historical Society, business groups and
public service organizations.
It is arrogant for you to confuse Greenport Mayor Kapell's perseverance with your
bull-headedness. I know Mayor Kapell and I know you and you are not a Mayor Kapelll.
Silorge
4C. nklevicb,
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cc: Southold Town Board
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Date: January 5, 2005
Memorandum: To File/ Southold Town Board
From: George C. Stankevich, Esq.
Re: Condemnation 260 Horton's Lane
Subject: Southold Town's October 20, 2004 appraisal
Since the Town's appraisal, whose purpose is a condemnation, did not follow the
appropriate procedure and consider the fundamental factors affecting value, the appraisal is
without merit, invalid and inappropriate for its intended purpose. Additionally, it is not giving
the Town the proper valuation. As such, the Town cannot make any kind of reasonable business
decision to handle this matter fairly and in the interests of justice.
The Town's appraisal intentionally ignored our comparable#1 SCTM #1000-61-
1-2.2, this one-half of the Academy Printing property was purchased by the Town twenty-five
years ago for$138,000. Interval price increases over time 10 x to 20 x. Indicated value
$1,380,000. In making that acquisition for Town Hall expansion, which never occurred, the
subject property was surrounded by a public parking lot, making it the most advantageous site in
Town for office construction. During the last twenty-five years, the Town upzoned the subject
property and others from light business to hamlet business, degrading price. In taking half of the
subject property', the balance on Horton's Lane will be damaged,because it is in an historic
district, marginalizing development of front remaining piece which I am left with, i.e., the Town
wants to take 90% of the development value for a fraction. $2,622,000 less value of historic
house,$200,000 for an indicated value of$2,422,000.
The Town's appraisal intentionally ignored our comparable #2 SCTM #1000-61-
1-5. The Whitaker parcel was smaller than subject and was sold by the Town in 2004 for
$375,000, acquired by Town for expansion,but was unable to tear down existing structure
because of historic district. Structure was a dilapidated tear-down of no value and new owner
has been forced to go to extraordinary expense to rehabilitate it in order to obtain a cash flow,
i.e., he bought the foot print. Price factor x 3. Indicated value $1,125,000 plus severance
damages.
'.The Town's appraisal took the half-acre"in the blind"without any reference as to how it got there. Meaning,
on his own, the appraiser"sets off'this approximate half-acre plot. It eliminates from the appraiser's responsibility-
SEVERANCE damages.
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Town of Southold, Suffolk County
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#7255
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 16th day of
December , 2004, /
Principal Clerk
Sworn to before me this day of
LEGAL NOTICE
Do
4
(,ili NOTICE OF PUBLIC HEARING
CHRISTINA VOLINSKI NOTICE IS HEREBY GIVEN.
NOTARY PUBLIC-STATE OF NEW YORK that a public hcarine will be held hel ..e
the Town Board of the Town of
N0. 0I'VO6105050 Southold on the Sth day of January.
tauolhi6tl in Su910Ik County 2005 al 9:00 a.m. of that day at the
To.n Hall, 53095 MaSn Road (Rout,
COMMIS8101) Ekuit08 FabfuQfy 28, 2008 25), Southold, New York, pursuant to
Article of the New York State Eminent
Domain Procedure law with respect to
the pmposcd acquisition of[be 'aetern
iportion (approximmcl) half)of dtc fol-
lowing parcel lo,ated on Notions lane
in the hamlet of Southold, dircctly
behind the existing Town Hall building,
to prnvidc ample space for expansion
and the reconstruction of the Town Hall
huilding in Southold:
Reputed Owners George and
Margaret
.Stankevich
SCTM# 1000-61-1-3
The acquisition is proposed to pro-
vide for the expansion and construction
of a new'Town Hall facility.
Dated: Southold.New York
November 30,2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
7255-2T e/16 23
00 •�
#7255
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 16th day of
December , 2004. /
Principal Clerk
Sworn to before me this day of
2004
CHRISTINA VOLINSKI LEGAL NOTICE
NOTARY PUBLIC-STATE OF NEW YORK NOTICE OF PUBLIC HEARING.
No. 01-V06105050 NOTICE IS HEREBY GIVEN,that
a public hearing will be held before the
Qualified In Suffolk County Town Board of the Town of Southold O$
Commission Expires February 28, 2008 the5th day of January,2005 at 9:00 a.m...
of that day at the Town Hall, 53091
Main Road(Route 25), Southold, New
York,pursuant to Article 2 of the New
York State Eminent Domain Procedure
Law with respect to the proposed acqui-
sition of the eastern portion (approxi-
mately half) of the following parcel
located on Horton Lane in the hamlet
of Southold,directly behind the existing
Town Hall building, to provide ample
space for expansion and the reconstruc-
tion of the Town Hall building in
Southold:
Reputed Owners George and
Margaret
$tankevich
SCTM# 1000-61-1-3
The acquisition is proposed to pro-
vide for the expansion and construction
of a new Town Hall facility.
Dated: Southold,New York
November 30,2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
0255-2T 12116 23
#7255
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 16th day of
December , 2004.
Principal Clerk
Sworn to before me this �(J day of
2004
LEGAL NOTICE
�I {/�q /C� NOTICE OF PUBLIC HEARING
���1/ 1 (�(fL (/J( NOTICE IS HEREBY GIVEN,
/ V t 'W that a public hearing will he held before
rill, 'tI.q VOff SIO the Town Board of the '['own of
OP NEW YC)RPt Southold oo the Soh day of .fanuary,
NOiA,F; 2(105 at 900 a.m. of than da
�_v()6105050 Y at the
COUNY i'o.vn Ilull. 531195 Main Road (Route
ai h In Sntf oli: ?5i, Southold, New York, pmxuem to
r cy f,it,-e At icle 2 of the New York State Eminent
con", -_ Domain Procedure Law with respect to
the proposal acquisition of the eastern
porlion (approximately half)of the fol-
lo ving parcel located on Horton Lane
in the hanhleo of Southold. directly
behind the existing"]'own Hall building.
to provide ample space titer expansion
and the reconstruction of the Town Hall
building in Southold:
Reputed Owners George and
Margaret
Stankcvich
SCTM a 1 000-6 1-1-3
The acquisition is proposed to pro-
vide for the expansion and construction
of a new Town Hall facility.
Dated: Southold,New York
November 30,2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
7255-2T 12/1623
i •
#7255
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 16th day of
December , 2004.
may' -�r,.✓CiC/�—L�
Principal Clerk
Sworn to before me this day of /020C _
2004
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-V06105050 LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Qualified In Suffolk County NOTICE IS HEREBY GIVEN,that
'omm155ion Expires February 28, 2008 a public hearing will be held before the
P Y Town Board of the Town of Southold on
the 5th day of January,2005 at 9:00 a.m.
of that day at the Town Hall, 53095
Main Road(Route 25), Southold, New
York,pursuant to Article 2 of the New
York State Eminent Domain Procedure
Law with respect to the proposed acqui-
sition of the eastern portion (approxi-
mutely half) of the following parcel
located on Horton Lane in the hamlet
of Southold,directly behind the existing
Town Hall building, to provide ample
space for expansion and the reconstruc-
tion of the Town Hall building in
Southold:
Reputed Owners George and
Margaret
Stankevich
SCTM N 1000-61-1-3
The acquisition is proposed to pro-
vide for the expansion and construction
of a new Town Hall facility.
Dated: Southold,New York
November 30,2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
EL£ZABETH NEVILLE
TOWN CLERK
7255-2T lone 23
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13375814
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
SATURDAY DECEMBER 18 2004 Suffolk
FRIDAY DECEMBER 17 2004 Suffolk
WEDNESDAY DECEMBER 15 2004 Suffolk
THURSDAY DECEMBER 16 2004 Suffolk
MONDAY DECEMBER 20 2004 Suffolk
SUNDAY DECEMBER 19 2004 Suffolk
Sworn To Before Me This
20 day of December 2004 _ .
Notary Public _ �� -Cc -�tti� ✓._
C Guy P. Wasser
Notary Public,State of New York
No.01WA6045924
Commission Expires 08/07/2006
Qualified in Suffolk County
00
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held before the Town Board of the
Town of Southold on the 5th day of January, 2005 at 9:00 a.m. of that day at the Town Hall,
53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the New York State
Eminent Domain Procedure Law with respect to the proposed acquisition of the eastern portion
(approximately half) of the following parcel located on Hortons Lane in the hamlet of Southold,
directly behind the existing Town Hall building, to provide ample space for expansion and the
reconstruction of the Town Hall building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM # 1000-61-1-3
The acquisition is proposed to provide for the expansion and construction of a new Town Hall
facility.
Dated: Southold, New York
November 30, 2004
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) In five (5) successive issues of Suffolk County issues of Newsday
commencing on December 15, 2004.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO ELIZABETH A.
NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971-0959
r i
Legal Notice 13373704
NOTICEOF
PUSLICHEARING
NOTICE IS HEREBY GIVEN,
that a public hearing will be held
before the Town 8card of the
Town of Southold on the 5m day
f Jul 2005 at 9:00 a m of
that di at the Tom Hall 53095
Main Road (Route 25), Sout-
hold New York,pursuant to qr-
tlde 2 0l the New York State
Eminent Domain Procedure
Law with respect to the pr
posed acquisition of the eastem
1 dio0(approximately halo of
he following parcel located on
Honors Lane in the hamlet of
Southold, directly behind the
existing Town Hall building, to
provide ample space for export
n -
'o and the reconstruction of
the Town Hell building in Sout-
hold
Reputed Owners George and
blxfUret5tankevah
SCTm a 1000-61-13
The acquisition Is proposed to
provide for the expansion and
construction of a new Town Hall
facility
Dated:-SaWhold New York
November 30,2004
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
NEWSDAY PROOF
Customer:TOWN OF SOUTHOLD Contact: ELIZABETH NEVILLE Phone:6317651800
Ad Number: 13373704 Start Date:12/15/2004 End Date: 12/19/2004 Times:5
Price:$612.65 Size: 1 x 40 Section:CL Class:9000
Printed By: C204 Date: 12/10/2004
Signature of Approval: Date:
Zones:
h i }
'4y
ELIZABETH A.NEVILLE ;ask"• Town Hall, 53095 Main Road
TOWN CLERK "%>
Q—ry P.O. Box 1179
REGISTRAR OF VITAL STATISTICS . � �y �6 Southold, New York 11971
MARRIAGE or'FicER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER 'i '{� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD
FAX TRANSMITTAL
Attn: Cathy Madeline
To: Legals - Newday
From: Linda Cooper, Deputy Town Clerk
Dated: December 10, 2004
Re: LEGAL NOTICE FOR PUBLICATION BEGINNING DECEMBER 15,
2004 - PUBLISH 5 SUCCESSIVE ISSUED OF SUFFOLK COUNTY
EDITION OF NEWSDAY
Number of Pages (including cover): 2
If total transmittal is not received, please call 765-1800.
COMMENTS:
THIS NOTICE EMAILED TODAY. THIS IS FOR CONFIRMATION
PURPOSES.
LEGAL NOTICE: EMINENT DOMAIN PUBLIC HEARING
PLEASE acknowledge receipt of this legal notice WITHIN ONE (I) HOUR by signing below and
returning by fax to 765-6145, Attn: Linda Cooper. Thank you.
Received by Date
Cooper, Linda
From: cvanbent@newsday.com on behalf of legaladv@newsday.com
Sent: Friday, December 10, 2004 2:57 PM
To: Cooper, Linda
Subject: Re: Legal Notice from Southold Town Clerk's Office
RECEIVED . . . thank you.
1
Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Friday, December 10, 2004 8:14 AM
To: Newsday Legals (E-mail)
Subject: Legal Notice from Southold Town Clerk's Office
Please publish the attached legal notice for 5 consecutive days, beginning on December 15, 2004 in the Suffolk
County edition of Newsday. Please forward two (2) affidavits of publication to:
Elizabeth Neville, Town Clerk
Southold Town Hall
P O Box 1179
Southold NY 11971
Please contact Linda Cooper, Deputy Town Clerk, at 631-765-1800, if you have any questions concerning this
matter.
Thank you.
12/10/04
00 •
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held before the Town Board of the
Town of Southold on the 5th day of January, 2005 at 9:00 a.m. of that day at the Town Hall,
53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the New York State
Eminent Domain Procedure Law with respect to the proposed acquisition of the eastern portion
(approximately half) of the following parcel located on Hortons Lane in the hamlet of Southold,
directly behind the existing Town Hall building, to provide ample space for expansion and the
reconstruction of the Town Hall building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM # 1000-61-1-3
The acquisition is proposed to provide for the expansion and construction of a new Town Hall
facility.
Dated: Southold, New York
November 30, 2004
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two (2) successive issues of The Suffolk Times commencing on Thursday,
December 16, 2004; and
(b) in five (5) successive issues of Newsday commencing on December 15, 2004.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH NEWSPAPER
TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD,
NY 11971-0959
Copies to the following:
The Suffolk Times Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
Ne�sd��
Lecc '�I3- a�ya
&qq
f �pY
• �o�OgUFFO(,�co • • s
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK y Z P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
O
MARRIAGE OFFICER A • O�� Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER l �a Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 854 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 30, 2004:
RESOLVED that the Town Board of the Town of Southold hereby determines to hold a public
hearing on January 5, 2005 at 9:00 o'clock a.m. at the Town Hall, 53095 Route 25,
Southold, New York, pursuant to Article 2 of the New York State Eminent Domain
Procedure Law with respect to the proposed acquisition under the New York Eminent
Domain Procedure Law of the eastern portion (approximately half) of the following parcel
located on Hortons Lane in the hamlet of Southold, directly behind the existing Town Hall
building, to provide ample space for expansion and the reconstruction of the Town Hall
building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM#1000-61-1-3
The property to be acquired is needed for the purpose of expansion and construction of a new
Town Hall facility.
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a. in two (2) successive issues of The Suffolk Times, the official newspaper of the Town
of Southold commencing on Thursday, December 16, 2004; and
b. in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on December 15, 2004; and be it further
�o�oseFFot,��o
ELIZABETH A.NEVILLE Town Hall, 53095 Main Road
TOWN CLERK N Z P.O. Box 1179
REGISTRAR OF VITAL STATISTICS O Southold, New York 11971
MARRIAGE OFFICER 'y ' t� Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER l ��O Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 9, 2004
George C. Stankevich
Margaret A. Stankevich
74 Montauk Highway, Suite 22
East Hampton, New York 11937
Dear Mr. and Mrs. Stankevich:
Enclosed herewith is a certified copy of Southold Town Resolution No. 854 of
2004 concerning your property at located on Horton's Lane, Southold, New York.
Very
truly
�yours,
Linda J. Cooper
Deputy Town Clerk
Enc.
• 0 •
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution and the attached notice to Patricia A. Finnegan,Town Attorney, and reputed owners.
�Q
Elizabeth A. Neville
Southold Town Clerk
�o�oSG
ELIZABETH A. NEVILLE yj Town Hall, 53095 Main Road
TOWN CLERK N Z P.O. Box 1179
REGISTRAR OF VITAL STATISTICS O Southold, New York 11971
MARRIAGE OFFICER y • h�� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER l �a Telephone (631) 765-1500
FREEDOM OF INFORMATION OFFICER �za-�!Y'' southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 854 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 30, 2004:
RESOLVED that the Town Board of the Town of Southold hereby determines to hold a public
hearing on January 51 2005 at 9:00 o'clock a.m. at the Town Hall, 53095 Route 25,
Southold, New York, pursuant to Article 2 of the New York State Eminent Domain
Procedure Law with respect to the proposed acquisition under the New York Eminent
Domain Procedure Law of the eastern portion (approximately half) of the following parcel
located on Hortons Lane in the hamlet of Southold, directly behind the existing Town Hall
building, to provide ample space for expansion and the reconstruction of the Town Hall
building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM#1000-61-1-3
The property to be acquired is needed for the purpose of expansion and construction of a new
Town Hall facility.
RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public
hearing as follows:
a. in two (2) successive issues of The Suffolk Times, the official newspaper of the Town
of Southold commencing on Thursday, December 16, 2004; and
b. in five (5) successive issues of Newsday, a newspaper of general circulation within
the Town of Southold, commencing on December 15, 2004; and be it further
NEXT YEAR NYSRPS ASSESSMENT ]INQUIRY DATE 12/10/2004
473889 SOUTHOLD OOL SOUTHOLD SCHOOL If SEC TAXABLE483 CONVRTED RES TAL RES SITE
61. -1-3 OLL
TAL COM SITE
260 HORTON LA ACCT NO 08
OWNER & MAILING INFO === I =MISC 1 =_______ _____== ASSESSMENT DATA
STANKEVICH GEORGE C & IRS-SS I **CURRENT RES PERCENT
MARGARET A 1 1 BLAND 1, 900 "TAXABLE'`^
74 MONTAUK HIGHWAY STE 22 I BANK ITOTAL 8 , 600 COUNTY 8, 600
EAST HAMPTON NY 11937 **PRIOR** TOWN 8, 600
1 ILAND 1, 900 SCHOOL 8, 600
1 ITOTAL 8, 600
==DIMENSIONS SALES INFORMATION _________-----____________________
ACRES 1.00 IBOOK 11948 SALE DATE 01/02/83 SALE PRICE 1
PAGE 133 PR OWNER SISU DEVELOPMENT INC
=======TOTAL EXEMPTIONS 0 _____________ I == TOTAL SPECIAL DISTRICTS 4 -----
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE
IFDO28
IPK070
IwW020
ISWO11
F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC
75 . 10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=G0 TO MENU
cc:Town Board
" Town Attorney
RECEIVED
In the Matter of the Claim of NOV 2 8 2005
GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,
own tf 2,
- against-
TOWN OF SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS,
WILLIAM P. EDWARDS, THOMAS H WICKHAM, DANIEL C. ROSS,
JOHNM. ROMANELLI, individually and as members ofSOUTHOLD
TOWN BOARD.
TO: TOWN OF SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS, WILLIAM P.
EDWARDS, THOMAS H. WICKHAM, DANIEL C. ROSS, JOHN M. ROMANELLI,
individually and as members of SOUTHOLD TOWN BOARD.
SIRS: PLEASE TAKE NOTICE that the claimants herein,hereby make claim and demand against
TOWN OF SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS, W11,LIAM P.
EDWARDS, THOMAS H. WICKHAM, DANIEL C. ROSS, JOHN M. ROMANELLI,
individually and as members of SOUTHOLD TOWN BOARD.
1. The name and post-off ce address of each claimant and of his attorney is:
George C. Stankevich and Margaret A. Stankevich 74 Montauk Highway, Suite 22, East
Hampton, New York 11937.
2. The nature of the claim: TOWN OF SOUTHOLD, JOSHUA Y. HORTON, LOUISA P.
EVANS, WILLIAM P. EDWARDS, THOMAS H. WICKHAM, DANIEL C. ROSS, JOHN M
ROMANELLI, individually and as members of SOUTHOLD TOWN BOARD,intentionally
and willfully attempted to condemn the claimants's real property known as the back half of
260 Horton's Lane, Southold, New York 11971 in violation of the Eminent Domain
Procedure Law, Environmental Conservation Law,New York State Constitution, Federal
Constitution and Federal Civil Rights Act §1983.
3. The time when, the place where and the manner in which the claim arose: In 2004,2005 and
continuing.
4. The items of damage or injuries claimed are: TOWN OF SOUTHOLD, JOSHUA Y.
HORTON,LOUISA P. EVANS, WILLIAMP.EDWARDS, THOMASH WICKHAM, DANIEL
C. ROSS, JOHN M ROMANELLI, individually and as members of SOUTHOLD TOWN
BOARD, intentionally and willfully attempted to condemn the claimants's real property
i
known as the back half of260 Horton's Lane,Southold,New York 11971 in violation of the
Eminent Domain Procedure Law, Environmental Conservation Law, New York State
Constitution, Federal Constitution and Federal Civil Rights Act §1983.
5. The monetary amount of the claim is: (a) one million five hundred thousand dollars
($1,500,000.00) compensatory damages; (b) four million five hundred thousand dollars
($4,500,000.00) punitive damages.
6. That said claim and demand is hereby presented for adjustment and payment.
PLEASE TAKE FURTHER NOTICE that by reason of the premises, in default of TOWN OF
SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS, WILLIAMP. EDWARDS, THOMAS H.
WICKHAM, DANIEL C. ROSS, JOHN M. ROMANELLI, individually and as members of
SOUTHOLD TOWN BOARD to pay to the claimants the said sum of$4,500,000.00 within the time
limited for compliance with this demand by GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH by the statutes in such cases made and provided,claimants intend to commence an
action against TOWN OF SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS, WILLIAMP.
EDWARDS, THOMASH. WICKHAM,DANIEL C.ROSS,JOHNM.ROMANELLI, individuallyand
as members ofSOUTHOLD TOWN BOARD. to recover said sum of$4,500,000.00 with interest and
costs.
Dated.- November 18, 2005
6Respectfully y
. ... .. .. .. aimant
GEORGE C. S�VICH
G!y .. ... ..:... .... ? 'e�T � ......Claimant
AR16ARET A. STANKEVICH
..a.4. t'.... .... ..
Ge rge C. Stankevich, Esq.
Attorney for claimants
Office and Post Office Address
rr
STATE OF NEWYORK, COUNTY OF SUFFOLK ss.: INDIVIDUAL VERIFICATION
GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,being duly sworn,deposs and
say; that he is the claimant herein; that he has read the foregoing notice of claim against TOWN OF
SOUTHOLD, JOSHUA Y. HORTON, LOUISA P. EVANS, WILLIAMP. EDWARDS, THOMAS H
WICKHAM,, DANIEL C ROSS, JOHN M. ROMANELLI, individually and as members of
SOUTHOLD TOWN BOARD and know the contents thereof;that the same is true to their own knowledge,
except as to the matters therein stated to be alleged on information and belief, and that as to those matters
they believe it to be true.
GEORGE S KEVICH
. ......Claimant
FRET A. STANKEVICH
Sworn to before me, this
day of November, 2005
............................. ........... ...................................
Notary Public
Eia
FiI{ fIE G COWDEN
Akft-State of.New York
No.OICQ601%W
Mlled,lh;�iffQgc n
Cochran
oc
e Georg
hran Stankevich
& Associates UU
Ili
74stontauk
n Ne gaY, Suite 22 EAST HIy1P7 r,Ny�
w York 11
937 r�v15
7004 0550 0000 3608 1153 ro`�a°� walsrr
9261 /y��5
Southold Town Clerk 11971
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
` 2tni f
PATRICIA A. FINNEGAN JOSHUA Y. HORTON
TOWN ATTORNEY rg St7prylo Supervisor
petricia.finnegaii@town.southold.ny.us
Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN P.O. Box 1179
ASSISTANT TOWN ATTORNEY N Southold, New York 11971-0959
kieran.corcoranC�town.southold.ny.us G �O
LORI HULSE MONTEFUSCO Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.montefuscoC(i)town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Patricia A. Finnegan, Esq., Town Attorney
Date: November 22, 2005
Subject: Eminent Domain Proceeding
For your information, attached is George Stankevich's Reply Brief filed
regarding the above-referenced case. The matter is now fully submitted to the
Court, and we are awaiting an argument date.
Please contact me if you have any questions or comments.
PAF/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) (�
k^V-19-2005 12:06 From: To:7556639 P.1/9
�■� �rJ/aI/.� l�/!/�p4G �1Q47/�[6� �c�061Q�
rdl 74
, A744 3W-Aiw4
(6 ��3,99 0396 JQ (6, �,,Y29 0398
November 18, 2005
Supreme COUr't, State of New York
Appellate Division, Second Department
45 Monroe Place
Drooklyn, New York 11201 i V 2 Z
12c: StankCvich v. Town of Southold
Index No. 2005 - 5712
Dcar Sirs:
This is a special proceeding pursuant to 13111inent Domain Procedure Law, §207.
please find inclosed: (a) nine (9) copies of Petitioners' ol'reply brief in support of their
petition for an order pursuant to Eminent llomairt Procedure Law, §207 (C)(1)(3)(4) rejecting
and/or annulling the Condenuror's (Respondent's) determination and findings dated March 29.
2005 and published May 26, 2005 , and such other and further relief as the court may seem just
and egUIt blc such as alternatively granting discovery during a stay oi'proceedings and, (b)
affidavit of service, (c) 22 NYCRR 670.10-3 Certification.
Thank you for your courtesies in this mailer.
Sincerely yours,
George C. Stankevich
cc:
Michael Rikon Fsq,
SOLIthOld Town Special Counsel
Patricia A. Finnegan, Esq.
Southold 'lbwn Attorney
I l.�'R:`r_�,..,..d.13,'wu(.�, •���.c, n,�;;�'t'�..t i�x7i7 •sR7((iJ iJ.•rbY.c�»'Y6 •�• (611/)�%$A.Q9yA
I I t�!•u`> •'he.+ •( ^rG � �f96�.062s •:V(&7f)eR9..0396 •A. r6rd iL1v.u1rrx
I I rs°�! w E Jig t.y. :�° • `Y�•rw+fhC d f 1037.3'd(6Y(J.Yt�y.l4Y.4 • Tn (G3():, '9
1 , 04.4..yrc..,. 9y'•5/O." W.9rW(69e)'gS40_f'(?'M -A. r&T4 )&P?fl!h9'!h5'
NOV-19-2005 12:N6 From: To:7656639 P.2/9
SLTPRF.MF, COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
-against-
Appellate Division
Index No. 2005 - 5712
TOWN OF SOUTHOLD, Respondent
----------------------------------------------------------------x
-------------------------------------------------------------------------------------------------------
PETITIONERS REPLY BRIEF
-------------------------------------------------------------------------------------------------------
Dated :November 18, 2005
Yours, eta:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
Attorney for Petitioners
74 Montauk Highway, Suite 22
East Hampton, New York 1 1937
(631) 329-0396
NOIJ-19-2005 12:06 From: To:7656639 P.3/9
TABLE, OF CONTENTS
Tablcof Contents....................................................................................... 1
Reply......................................................................................................... 2
Conclusion................................................................................................. 2
Certifcation..........................—.................................................................. 4
Appendix................................................................................................... 5
t
NOU-19-2095 12:06 From: To:7556639 P.4'9
PETITIONERS REPLY BRIF,F
On November 8, 2004 the Southold Town voters elected a new Republican
supervisor, Mr. Scott Russell, and a new Democrat counci Iman,Mr. Al Krupski, Jr..
A centerpiece of the campaign was the rejection of the $5,000,000 town hall
boondoggle, and repudiation of the past supervisor, his hand-picked protege
and their "sans souci" policies, see annexed Appendix A.
A new Town Board will be sworn in January 2, 2006. The new Town Board
should be given the opportunity to revisit the Town Hall issue and hold new Fminent
Domain.Procedure Law Hearings in order to correct the obvious procedural errors of
the past, vindicate the public's interest in full and free disclosure and transparency,
and protect its purse.
CONCLUSION
It is respectfully requested that this honorable court grant the Petition for an
Order pursuant to Eminent Domain Procedure Law, §207 (C)(1)(3)(4) rejecting
and/or annulling the Respondent's(Condemnor's) determination and findings dated
March 29, 2005 and published May 26, 2005 and such other and further relief as the
2
NOV-19-2005 12:06 From: To:7656639 P.5/9
court may deem just and equitable, on the grounds that:
1. the Respondent's (Condemnor's) determination and findings, dated
March 29, 2005 and published .May 26, 2005 were not made in
accordance with procedures set (brth in the Eminent Domain Procedure
Law and with article eight of the Environmental Conservation Law,and
2. a public use, benefit or purpose will not be served by the proposed
acquisition and,
3. the proceeding was not in conformity with the federal and state
constitutions.
Yours,
C
GEORGE . STANKEVICH, ESQ.
George Cochran Stankevich & Associates
Attorney for Petitioners
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
3
N9U-19-2005 12:06 From: To:7656639 P.6/9
22 NYCRR 670.1.0.3 CERTIFICATION
Pursuant to CPLR 2105 Gcorge C. Stankevich,F,sq., as attorney for Petitioners,
certifies that the within brief complies with 22 NYCRR 670.10.3 and that:
(1) the brief was prepared on a computer;
(2) the type face is Times New Roman, point size 14, double-spaced, word
count 352.
Affirmed, November, .18 2005.
UE GE C STANKEVICH ES .
Q
4
NOIJ-19-2005 12:06 From: To:7656639 P.T/9
Arri"NDIX A
5
NOO-19-2005 12:06 From: To:7656639 P•6/9
1
ry
17
�N
k 1
1 r.
'r. ir1` �gEi e° ..,'•. r.`�;Tu"2.,°eF:• iG:ti!+,+ IV' •,4 .:v� �',[(r�'
,fr'1'_rrGt.ir..Y :: �,,.,Ip• 1;a.��L.- F'''ISr 's,"': 1h�1.
`l`�{ w ,�I. �.�"• � d: C :;�'T�1 ^;. X.
=r '`:,,�:��. '`+ .r.i}i i'J,, :4xi'� 4'4 ' •-s
A I
RE YOU READY TO PAY Z
1z
>
$5 MILLION DOLLARS '
i !
FOR A NEW TOWN HALL?
h
Gear Friend,
Tht:'I'own Board has budgeted $5.5 million
to build a new town hall with... Surprised?
r.
• NO PUBLIC HEARINGS
• NO COMPARATIVE COSTING We're Not.
• NO CITLZEN OR TAXPAYER INPUT
-rag;. -�-.•y,�r�''�f
We believe it's time lur belt-tightening and wise,
conservative fiscal management. Vote Republican.
Before Southold ever has another Itu'gc taxpayer
debt loorning in the future: •• we'll make sure that we �n do better.
the I>uhlic is involved from PAY ONE so that you
never Sul like gvverinnent is making decisions ice"riv n # sa? 'Kt it" *;Yi 1
behind closed doors again. I
=_- 1t` SOUTHOLD REPUBLICANS 2005:
VISION •_LEADERSHIP RESULTS �
haft BOTTOM LINE-- PROTECT SOLITHOLD ON P.VP.RY FRONT I
VUR ROW A Ar.1.T11r.WAY• PAID rOrl UY'I I Ili Not]11-101.0 COP•RORP.R'I'NYVILLP CKUI"W i
I:i
NOU-19-2025 12:07 From: To:-'656679 P.9/9
AFFIDAVIT OF SERVICE
CEORGF, C. STANKF.,ViCH and MARGARET A, STANKEV1CH, Petitioners
-against-
TOWN OF SOU'1'HOLD, Respondent
STATE OF NEW YORK )
)SS : INDEX NO. 05-05712
COUNTY OF SUFFOLK )
1, the undersigned, George C. Stankevich Esq. affirms pursuant to CPLR 2106
that. I am not a party to the action, am over 18 years of age and reside at 74
MonLauk Highway, East Hampton, NY 1 1.937and on November 18, 2005 served
the within brief
1 .1 Sctvicc by Mailby mailing a copy to each of the following persons at the last
known address set forth after each name below.
0 Service on Town by delivering a true copy of each personally to each person
nrth old,Respon
dent named below at the address indicated. I knew each person
L�
served to be the person mentioned and described in said
papers as a party therein:
i f service by by transmitting a copy to the following persons by Cl FAX at
the telephone number set forth after each name below, o E-
Mail address set forth after each name below, which was
designated by the atttorney for such purpose, and by mailing
a copy to the address set forth after each, name: Michael
Rikon Esq. Goldstein, Goldstein, Rikon, 8r, Gottlieb, P.C., 80
Pine Street, 32 Floor, N.Y. N.Y., 10005-1702, (Tel. 212 422-
4000), (Fax. 212 422-4687)
0Vraira+t by dispatching a copy by overnight delivery to each of the
ncrwcry Sctvice following persons at the last known address set forth after
each name abov �/!3 6 rArc,
Affirmed
November 18, 2005
The nam signed must be printed benealb
George C. Stankevich Esq.
PATRICIA A.FINNEGAN JOSHUA Y. HORTON
TOWN ATTORNEY �(rf SO(/ Supervisor
patricia.finnegan@town.southold.ny.us
Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN P.O. Box 1179
ASSISTANT TOWN ATTORNEY H � Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us • �0
LORI HULSE MONTEFUSCO l Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY
'��UUNTV, ` Facsimile (631) 765-6639
Lori.montefu sco @town.Southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM OCT 13 2005
To: Members of the Town Board
Southold Town Clerk
From: Patricia A. Finnegan, Esq., Town Attorney
Date: October 12, 2005
Subject: Eminent Domain Proceeding
Attached, for your information, is a copy of the brief filed by George
Stankevich in the above-referenced condemnation matter.
The Town's brief is due on November 7, and Stankevich has until
November 22 to file a reply.
Please contact me if you have any questions or comments.
PAF/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)L/
GOLDSTEIN, GOLDSTEIN, RIKON RL GOTTLIEB, P.C.
ATTORNEYS AT LAW
80 PINE STREET, 32ND FLOOR
NEW YORK, NY 10005-1702
212 422-4000
M. ROBERT GOLDSTEIN FAx 212 422-4687 MICHAEL J. GOLDST13IN
ROBERT S. GOTTLIEB Email: infogggrgpc.com OF COUNSEL
MICHAEL RIKON www.ggrgpc.com
--.- GARY BRANDLER
PHILIP A. SANCHEZ* LEGAL ASSISTANT
JOSHUA H.RIKON
JONATHAN M.HOUGHTON**
*ALSO ADMITTED IN CT&MA
**ALSO ADMITTED IN MA
RE: TOWN OF SOUTHOLD
George & Margaret Stankevich
SCTM: 1000-61-1-3
Our File 2181
October 6, 2005
Patricia F. Finnegan, Esq.
Town Attorney
Town of Southold
Southold Town Hall Annex
54375 Route 25 (Main Road)
P.O. Box 1179
Southold, NY 1 1 971-0959
Dear Pat:
Enclosed please find the brief filed by George C. Stankevich, Esq.
There really is a lack of merit in this brief which contains,as I thought it would,nothing more
than ad hominem attacks on the supervisor. It truly reads in a bizarre manner. Look at the
conclusion which is just so strange that whatever chance he had of making any substantive argument
is lost. I will now prepare the Town's brief. Mr. Stankevich has, of course, the opportunity for a
reply.
I will continue to keep you informed.
Very truly yours,
GOLDSTEIN, GOLDSTEIN, RIKON &
GOT'TL
By:
Mic ael Rikon
MR/Ig(w/enc.)
O'.%COMMON\SOUTHOLO121 8(Finnegan ONelpd
To be argued
By: George C. Stankevich Esq.
30 minutes requested
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
-against-
Appellate Division
Index No. 2005 - 5712
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
-------------------------------------------------------------------------------------------------------
PETITIONERS' BRIEF
-------------------------------------------------------------------------------------------------------
Dated: September 30, 2005
Yours, etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
Attorney for Petitioners
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
j
To be argued
By: George C. Stankevich Esq.
30 minutes requested
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
-against-
Appellate Division
Index No. 2005 - 5712
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
-------------------------------------------------------------------------------------------------------
PETITIONERS' BRIEF
-------------------------------------------------------------------------------------------------------
Dated: September 30, 2005
Yours,-etc.: /
GORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
Attorney for Petitioners
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
CPLR RULE 5531 STATEMENT
1. The Index No. of the case in the Appellate Division: Second Judicial
Department, is 05-05712.
2. The full names of the original parties are: George C. Stankevich and Margaret
A. Stankevich, Petitioners and Town of Southold, Respondent. There have
been no change in parties.
3. The court and county in which the action was commenced is Supreme Court
of the State of New York, Appellate Division: Second Judicial Department.
4. The proceeding was commenced on June 16, 2005. The Petition was served
on June 21, 2005. The Reply was served on June 30, 2005.
5. This proceeding is brought pursuant to Eminent Domain Procedure Law, §207.
6. The Petition is for an Order pursuant to Eminent Domain Procedure Law, §207
(C)(1)(3)(4) rejecting and /or annulling the Respondent's (Condemnor's)
t
determination and findings dated March 29, 2005 and published May 26, 2005 115
4
and such other and further relief as the court may deem just and equitable such 4
ti
as alternatively granting discovery during a stay of proceedings on the grounds
that:
1. the Respondent's (Condemnor's) determination and findings. dated
March 29, 2005 and published May 26, 2005 were not made in
accordance with procedures set forth in the Eminent Domain Procedure
Law and with article eight of the Environmental Conservation Law, and of
2. a public use, benefit or purpose will not be served by the proposed 1,
acquisition and,
3. the proceeding was not in conformity with the federal and state
constitutions and,
4. granting such other and further relief as the court may deem just and
equitable.
7. Pursuant to Eminent Domain Procedure Law, §207(A), the proceeding is
brought on the original record.
2
TABLE OF CONTENTS
CPLR5531 Statement............................................................................... 1
Tableof Contents....................................................................................... 3
There were no questions presented to a
court below. This is an original Proceeding
in the Appellate Division on the original
record pursuant to Eminent Domain Procedure
Law § 207.
Nature of the Proceeding.......................................................................... 4
The Petitioners' Argument........................................................................ 5
Standardof Review.......................................................................... 5
AlternativeRelief.......................................................................::... 6
NoExigencies.................................................................................. 6
Bad Faith, Chicanery and Cronyism............................................... 7
No Facial Compliance with Eminent
Domain Procedure Law................................................................... 8
No Compliance with Environmental
Conservation Law Procedures (SEQRA)........................................ 11
The Public Interest........................................................................... 14
Conclusion....................................................................................... 14
Certification............................................................................................... 15
3
NATURE OF THE PROCEEDINGS
This proceeding is brought pursuant to Eminent Domain Procedure Law,
§207.
VENUE AND JURISDICTION
The subject real property is located in the Town of Southold, County of
Suffolk, and State of New York. Venue and jurisdiction is properly laid in the
Supreme Court of the State of New York, Appellate Division: Second Judicial
Department, pursuant to Eminent Domain Procedure Law, §207 (B).
THE PARTIES
The Petitioners are the fee-simple owners of the subject real property located
at 260 Horton's Lane, Town of Southold, County of Suffolk, State of New York ,
known and shown on the Suffolk County Tax Map #1000-61-1-3, see the annexed
map.
The Respondent is a New York municipal corporation situate at Southold,
Suffolk County, New York.
THE PROPERTY
The subject real property is an oblong, 100' x 400' piece of real property,
located with 100' of frontage on the East side of Horton's Lane, stretching 400'
easterly. The subject real property is zoned "hamlet business" and is located in an
4
historic district. The westerly portion of the property is partially occupied by an
historic Victorian office building and barns. 100% of any future development yield
must occur on the easterly, vacant portion of the subject real property because the
historic buildings cannot be demolished or disturbed. The Respondent(Condemnor)
is attempting to sever and take the easterly vacant ''/z acre of the subject real property.
PETITIONER'S ARGUMENT
STANDARD OF REVIEW
There is a dearth of decisions under Eminent Domain Procedure Law §207 and
its predecessors annulling and rejecting a municipality's condemnation
determinations and findings due to the judicial deference given to coordinate,though
subordinate branches of government, where there was at least a facial compliance
with the Eminent Domain Procedure Law procedures. That is not the case here. This
should be a case of first impression, rejecting and/or annulling the Respondent's
(Condemnor's) determination and findings where, as here , there are no exigencies;
the Respondent (Condemnor) exhibited unrebutted bad faith, chicanery and
cronyism;the Respondent(Condemnor)has not even facially complied with Eminent
Domain Procedure Law;the Respondent(Condemnor)has not,on the hearing record,
demonstrated any compliance with Environmental Conservation Law procedures
(SEQRA) and the public interest is best served by a hard second look.
5
1.
ALTERNATIVE RELIEF
Rejecting and/or annulling the Respondent's (Condemnor's)_determinations
and findings would merely allow it to rehear the condemnation for a third time and
attempt to paper up its deficiencies, denying the public's interest in getting to the
root of the matter. It is suggested that alternative relief would best serve the public's
interest to full and free disclosure and transparency. Alternatively, a stay of
proceedings should be granted and discovery should be granted, allowing the
Petitioners to depose the Town Supervisor, his political cronies, Town Board
members, owners of alternative sites and zoning and planning officials. Southold is
a small town. People won't give affidavits but will disclose the truth if deposed.
NO EXIGENCIES
There are no exigencies in this case. The Respondent (Condemnor) has
claimed no exemptions under Eminent Domain Procedure Law §206, nor has it filed
in the record any Certificate of Necessity, nor has it declared any "State of
Emergency"justifying suspension of procedures or denial of the public interest.
Over thirty years ago when then Supervisor Martocchia dedicated the current
Town Hall, he declared then that the new Town Hall was too small. Obviously
government bureaucracy will fill up the available space just as surely as water will
seek its own level. The current Supervisor, as every one of his predecessors, wants
6
a
Ito'expand the Town Hall but now he wants to do it at the expense of the Petitioners
(Condemnees) while discussing , but not revealing alternative sites, such as the
abandoned and vacant Southold Savings Data Processing Center,the vacant Peconic
Elementary School and a political crony's proposed CVS Shopping Center.
uThere are no exigencies in this case justifying jettisoning procedures and due
process and the protection of the public interest.
BAD FAITH, CHICANERY AND CRONYISM
The Town Supervisor is the type of politician who acts because he can get
away with it. This past summer he declared a "State of Emergency" so that he could
post_"No Parking" signs on a State Road over the objections of the DOT! In
September,he introduced a moratorium on commercial development in order to blight
the value of the subject property. He is even discussing moving the Town Hall to a
political crony's proposed CVS Shopping Center while continuing to refuse
disclosure of alternative sites to the public, contrary to the public interest and purse
which he intends to use to buy out and cover up his chicanery.
With regard to the subject property, upon information and belief, the Town
Supervisor is intent on hiring a Brooklyn contractor, friend of a contributor, to
construct a"no-bid" concrete,modular Town Hall. To that end he:(1) torpedoed the
office renovation of the adjoining Whitaker property which was sold, under duress,
i
q
to the Town and then resold by the Town to a developer in 2004, see map annexed y
i
to the Petition ; (2) torpedoed the proposed acquisition of the vacant, huge, state-of-
the-art Southold Savings Bank data processing center, right around the corner on
Youngs Avenue, see map annexed to the Petition and (3) torpedoed the acquisition
of the nearby, vacant Peconic Elementary School, see map annexed to the Petition ,
which would have cost the Southold taxpayers nothing, since money would have been
i
moved from one Southold pocket to another. The alternate sites were obviously
torpedoed because they were not vacant... no need to build an edifice complex. This
year the Supervisor is allegedly quitting / retiring.
The public interest in transparency and disclosure would best be served by
granting Petitioners (Condemnees) a stay of proceedings and discovery.
In all fairness, it must be noted that Michael Rikon, Esq., one of the deans of
condemnation and certiorari practitioners, was not hired and did not represent the
Town until this proceeding was commenced. I am sure that none of the deficiencies
or irregularities would have occurred under his watch.
NO FACIAL COMPLIANCE WITH
EMINENT DOMAIN PROCEDURE LAW
The Respondent(Condemnor)has not even facially complied with the Eminent
Domain Procedure Law procedures. Good faith offers have not been made.
8
e .
Y?
tfective appraisals have been proferred . An increased offer has been made only
after litigation was commenced based upon an appraisal in hand prior to the
commencement of litigation but which still has not been released. Defective
hearings were held. SEQRA was ignored. These defects were indicative of a cavalier
attitude to procedure and the public interest to be buried and covered up by payment
out of the public purse.
The October 29, 2004 "Stype" appraisal: (a) intentionally ignored the
adjoining Kowalski comparable which was an identical piece of vacant real property,
sold under duress to the Respondent (Condemnor) overtwenty-five years ago for
$138,000.00 and the market has gone up 1 Ox since then (b) intentionally ignored the
adjoining Whitaker comparable which was a smaller piece of property with a
"teardown" sold under duress to the Town and then resold by the Town in 2004 to a
developer for $375,000.00 with out re-offering it to the Whitakers, (c) intentionally
failed to itemize total direct, total severance or consequential damages that apply to
the subject property, despite the fact that the vacant easterly portion comprised 100%
of the future development value of the subject real property because of the historic
buildings, one of which the Town wants to sever, on the westerly portion. The
Condemnor (Respondent) has attempted to bolster this invalid "Stype" appraisal by
preposterously asserting that the easterly portion of the subject property is
9
landlocked despite the 100' of frontage on Horton's Lane and the fact that on the East
and South side it abuts a public, Town parking lot. Land locked to whom?
This was a clear violation of the highest appraisal and damage provisions of
Eminent Domain Procedure Law §303 and the just compensation provisions of
Eminent Domain Procedure Law§301 and the just compensation, legitimate interests
of private property owners, fair negotiation and equal treatment provisions of the
Eminent Domain Procedure Law §101 and ignoring the spirit of the abandonment
provisions of Eminent Domain Procedure Law §406.
Until litigation commenced the Respondent(Condemnor) refused to increase
it's purported offer and/or release the higher "Given" appraisal in violation of the
highest appraisal and damage provisions of Eminent Domain Procedure Law §303
and the just compensation provisions of Eminent Domain Procedure Law §301 and
the just compensation,legitimate interests of private property owners,fair negotiation
and equal treatment provisions of the Eminent Domain Procedure Law §101.
The Respondent (Condemnor) held a purported hearing on January 5, 2005
where it intentionally failed and refused to notice and discuss: (a) the alternative
vacant Southold Savings Bank data processing building/site, vacant Peconic
Elementary School building/site and the adjoining Whitaker building/site (b)
SEQRA, environmental and planning review (c) title (d) appraisal inadequacies (e)
10
lack of planning referrals or reviews. At this hearing the Supervisor stood mute in the
face of all the allegations herein. The hearing was "closed".
This was a clear violation of the notice provisions of the Eminent Domain
Procedure Law §202 and hearing provisions of the Eminent Domain Procedure Law
§203.
Embarrassed by the paucity of compliance, on January 18, 2005 the
Respondent (Condemnor) moved, for the first time, to hire a surveyor (McLean), a
new appraiser(Given),a SEQRA consultant(Elkowitz)and a title abstractor(Zahler).
Yet another "reopened" hearing was held on April 19, 2005 at which none of
the above,except a survey,was made available to the Petitioners or the public. At this
hearing the Supervisor absented himself in the face of all the allegations herein.
This was a clear violation of the notice provisions of the Eminent Domain
Procedure Law §202 and hearing provisions of the Eminent Domain Procedure Law
§203.
NO COMPLIANCE WITH ENVIRONMENTAL
CONSERVATION LAW PROCEDURES (SEQRA)
The subject property is located in an historic district within 100' of State Road
25A, the State MTA Rail Line and within 500' of County Road 27, yet no referral or
consultation was had with the Southold Town Planning Board, Southold Town
11
Hamlet Committee, Suffolk County Planning Board,Bi-County Planing Commission,
State Highway Department or State MTA, in violation of law and good and
customary planning practices. SEQRA was ignored.
The Respondent (Condemnor) has no facilities plan (Departments were not
queried on their needs), comprehensive plan nor financial plan. All of the
documentation, the Condemnor (Respondent) now wishes to profer are self-serving
after the fact, speculative and hypothetical.
This was a clear violation of the environmental provisions of the Eminent
Domain Procedure Law §101 and hearing provisions of the Eminent Domain
Procedure Law §201 and article 8 of the Environmental Law.
When the Supervisor did anything, it was backwards. First he decided to do the
condemnation and after the condemnation hearings were closed on January 5, 2005
and March 29, 2005, he submitted for the first time simultaneously on May 10, 2005
to the Town Board Resolutions #291 and 292, establishing SEQRA authority for the
Town and making a negative, SEQRA declaration followed by Resolution#293,the
findings and determination being reviewed herein. Exhibits #5 and 6 did not appear
in the public record prior to this point in time and in fact, showed up in Town files
undated and without time-stamped receipts until sometime thereafter. Exhibits #5
and 6 are not part of the record, were never submitted to the public, were never vetted
12
and are not properly a basis for supporting the findings and determinations being
reviewed and are improperly submitted at this date to paper up improper proceedings.
Petitioners request an Order pursuant to CPLR§405 striking Exhibit#5 "Phase
I Environmental Assessment for Stankevich Property at 260 Horton's Lane, Southold,
New York, dated February , 2005" from the purported EDPL §207 record on the
grounds that said document was never presented to the public or the property owners,
despite their repeated requests, at either the January 5, 2005 Public Hearing or April
19, 2005 Public Hearing, and was not listed as an exhibit at said public hearings, and
therefore is not properly part of the record allegedly supporting the determination and
findings being reviewed by this court;
Petitioners request an order pursuant to CPLR §405 striking Exhibit#6"Parts
1, 2 and 3 of the Environmental Assessment Form for proposed condemnation of a
portion of 260 Horton's Lane property and redevelopment of Town Hall Complex
prepared by Freudenthal and Elkowitz Consulting Group,Inc.,dated March 29,2005"
from the purported EDPL §207 record on the grounds that said document was never
presented to the public or the property owners, despite their repeated requests at
either the January 5, 2005 Public Hearing or April 19, 2005 Public Hearing, and was
not listed as an exhibit at said public hearings, and therefore is not properly part of
13
the record allegedly supporting the determination and findings being reviewed by this
court;
THE PUBLIC INTEREST
The public's interest is full and free disclosure and transparency. In all of the
above, the Respondent (Condemnor) violated the Petitioner's constitutional due
process, equal protection and just compensation rights and damaged the public's
interest is full and free disclosure and transparency.
CONCLUSION
In circumstances such as these Michael Rikon,Esq has suggested that property
owners find a "striped bass". I think we have found a flounder and it does not pass
the nose test.
Yours, etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
Attorney for Petitioners
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
14
i 22 NYCRR 670.10.3 CERTIFICATION
Pursuant to CPLR 2105 George C. Stankevich,Esq.,as attorney for Petitioners,
certifies that the within brief complies with 22 NYCRR 670.10.3 and that:
(1) the brief was prepared on a computer;
(2) the type face is Times New Roman, point size 14, double-spaced, word
count less than 7,000.
Affirmed, September 30, 2005. l ;�
ORG STANKEVICH, ESQ.
15
PATRICIA A. FINNEGAN JOSHUA Y. HORTON
TOWN ATTORNEY �pF soojy Supervisor
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN
Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y -INC Southold, New York 11971-0959
kieran.coreoran@town.southold.ny.us G • ��
LORI HULSE MONTEFUSCO 'fly Telephone(631) 765-1939
ASSISTANT TOWN ATTORNEY
Cou Facsimile (631) 765-6639
lori.mon tefusco @town.Southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Kieran M. Corcoran, Assistant Town Attorney
Date: September 2, 2005
Subject: Eminent Domain Proceeding
Please see the attached Decision and Order from the Appellate Division,
Second Department, setting a briefing schedule on the eminent domain public
need issue. Please also note that the Court denied the Stankevichs' motion to
strike certain materials from the record. Briefing will be completed on this matter
by November.
KMC/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)
Patricia A. Finnegan, Esq., Town Attorney (w/encl.)
supreme Clourt of tl?r *tote of New Vnrk
Appellate Uiuision: trconb Judicial Department
M29331
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE S EP - 2 2005 !w
DANIEL F. LUCIANO j
REINALDO E. RIVERA, JJ. e
2005-05712 DECISION & ORDER ON MOTION
In the Matter of George C. Stankevich, et at,
petitioners, v Town of Southold, respondent.
Motion by the respondent in a proceeding pursuant to EDPL 207 for a preference in
calendaring the proceeding and,in effect,for a briefing schedule and cross motion by the petitioners,
inter alia, for a briefing schedule, for thirty minutes of oral argument, to strike certain documents
from the record on the ground that they are dehors the record and to enlarge the record.
Upon the papers filed in support of the motion and the cross motion and the papers
filed in opposition thereto, it is
ORDERED that the branch of the motion and the branch of the cross motion which
is to set a briefing schedule is granted; and it is further,
ORDERED that the petitioners shall serve and file their brief on or before October
6, 2005; the respondent shall serve and file its brief on or before November 7, 2005; and the reply
brief, if any, shall be served and filed on or before November 22, 2005; and it is further,
ORDERED that the branch of the motion which is for a preference is denied as
unnecessary (see EDPL 207[bl); and it is further,
ORDERED that the branch of the cross motion which is for 30 minutes of oral
argument is denied without prejudice to the petitioners making the same application on the day on
which the proceeding is calendared; and it is further,
August 29, 2005 Page 1.
MATTER OF STANKEVICH v TOWN OF SOUTHOLD
ORDERED that the branch of the cross motion which is to strike material from the
record is denied without prejudice to the petitioner raising these issues in its brief, and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward~C
Clerk of the Court
August 29, 2005 Page 2.
MATTER OF STANKEVICH v TOWN OF SOUTHOLD
PATRICIA A. FINNEGAN �FfO( JOSHUA TOWN ATTORNEY o�OS COGy Supeerr visor
sor
patricia.finnegan@town.southold.ny.us
Town Hall Annex, 54375 Route 25
KIERAN M. CORCORAN P.O. Box 1179
ASSISTANT TOWN ATTORNEY T Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.ue �y ��
Telephone (631) 766-1939
LORI HULSE MONTEFUSCO Jf Facsimile (631) 766-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Patricia A. Finnegan, Esq., Town Attorney
Date: August 9, 2005
Subject: Eminent Domain Proceeding
For your information, attached is a copy of a letter from Michael Rikon,
Esq. to George Stankevich regarding the referenced matter.
PAF/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/end.)
GOLDSTEIN, GOLDSTEIN, RIKON & GOTTLIEB, P.C.
ATTORNEYS AT LAW
80 PINE STREET, 32ND FLOOR
NEw YORK, NY 10005-1702
212 422-4000
M.ROBERT GOLDSTEIN FAx 212 422-4687 MICHAEL J. GOLDSTEIN
ROBERT S. GOTTLIEB Email: info Qggrgpc.com OF COLIMEI
MICHAEL RIKON vvww.ggrgpc.com
GARY BRANDLER
PHILIP A. SANCHEZ• LEGAL ASSISTANT
JOSHUA H. RIKON
JONATHAN M.HOUGHTON**
*A"o ADMITTED IN CT$MA
**A"o ADMITTED IN MA
RE: TOWN OF SOUTHOLD
Partial Taking of Vacant Land
George & Margaret Stankevich
260 Horton Lane
SCTM: 1000-61-1-3
Index No. 05-05712
Our File 2181
August 3, 2005
George C. Stankevich, Esq.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
Dear Mr. Stankevich:
I have your letter of July 28, 2005. I am completely confused by your categorization of
forcing petitioners into expensive litigation. You challenged the determination and findings. You
did not have, and you still do not have to. The offer was appropriately made and it is not
jurisdictional to make an offer. However, the Town of Southold has and will comply with the law
even as to those parts of the eminent domain that are not mandatory.
With respect to the pre-vesting offer,you have two elections as is set forth in the letter. You
may accept the offer as complete compensation,or you can elect to receive it as an advance payment
after title vesting.
f;
Cv e
AUG - 5 2005 h}
J
File 2181
August 3, 2005
page 2
You do not have the right to inspect any appraisals. Appraisals are exchanged after the
condemnation pursuant to the court rules.
Very truly yours,
GOLDSTEIN, GOLDSTEIN, RIKON &
GOTTLIEB, P.C.
By:
Michael Rikon
MR/lg
cc/Patricia F. Finnigan
0 pd
(ev�
0" 22 OfedO!V�
Wm 9r. (W°4 /-1937
5"e (631-)329 0396 5� r631)329 039E
July 28, 2005
Michael Rikon, Esq. <<'
Goldstein, Goldstein, Rikon & Gottlieb, P.C.
80 Pine Street, 32nd Floor
New York, New York 10005-1702 " AUG — 1 2005 I �
RE: Stankevich v. Town of Southold i .. —"
Index No. OS-05712 10V� TC r,t�:Y° Ct FK;E
Dear Michael,
We are in receipt of Southold Town's July 12, 2005 second "Offer" letter which is tardy
and many months late and made only after the Town has forced the Petitioners into expensive
litigation and still fails to itemize total direct, total severance and total consequential damages, all
in violation of EDPL §§ 101, 301 and 303 which therefore constitutes further evidence of"Bad
Faith,"
Nonetheless, we would like to discuss with you the procedure for accepting an offer as an
advance payment under a "Brody" reservation of rights such that "the advance payment cannot
be conditioned on the relinquishment of rights," EDPL §§ 402 (B)(5), 304 (A)(4). Also, we
would like to receive a copy of the "Givens"appraisal in order to verify the validity of the offer.
I look forward to speaking with you at your earliest convenience.
Sincerely Yours,
George C. Stankevich
cc: Patricia A. Finnegan, Esq.
Southold Town Attorney
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TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARING
July 26, 2005
Notice is hereby given that the Town of Southold has received a Petition for Annexation
proposing the annexation of the territory encompassing approximately 17 acres of vacant,
residential land identified by SCTM #1000-40-3-1 and known as 62600 County Route
48, from the Town of Southold to the Village of Greenport. The Town Board of the
Town of Southold will hold a joint public hearing, together with the Board of Trustees of
the Village of Greenport, at 7:00 o'clock p.m. on the 23rd day of August, 2005, at the
Greenport High School, 75955 Route 25, Greenport, New York, at which time and place
the Town Board and the Board of Trustees will hear testimony and consider evidence and
information concerning the Petition.
All persons interested in this project will be heard at said hearing and all written
communications will be considered.
Dated: July 26, 2005
Town of Southold, New York
Elizabeth A. Neville
Town Clerk
PLEASE PUBLISH ON JULY 28, 2005, AND FORWARD TWO (2) AFFIDAVITS OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler-Watchman Town Board Members
Suffolk Times Town Attorney
Newsday Town Clerk's Bulletin Board
Affidavit of Posting on Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS
COUNTY OF SUFFOLK
Linda J. Cooper, Deputy Town Clerk of the Town of Southold, New York being duly
sworn, says that on the day of , 2005, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County, to wit: Town Clerk's
Bulletin Board, Southold, New York, 53095 Main Road, Southold, New York.
Annexation Petition Public Hearing August 23,2005
—T 'Linda J. Cooper
Deputy Town Clerk
Sworn to before e t s
�day of 2005
�' - ( -
otar Public
LYNDA M.BOHN
(afO M PUSUO,state of Newwk
NM 0150902093Y
CuMRW In SuffolkCounIj
Term Ezpkas March IL 20 Z
PATRICIA A. FINNEGAN JOSHUA Y. HORTON
TOWN ATTORNEY �QSpFFO(fCD Supervisor
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y. Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • �'�
LORI HULSE MONTEFUSCO ��( �a� Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY Facsimile (631) 765.6639
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
July 26, 2005 RECEIVED
JUL ;V 2005
Michael Rikon, Esq.
Goldstein, Goldstein, Rikon & Gottlieb, P.C. Southold Town Clerk
80 Pine Street
New York, NY 10005-1702
Re: George C. Stankevich, et al. v. Town of Southold
Appellate Division Docket No. 05-05712
Dear Mr. Rikon:
Pursuant to our conversation yesterday, I am enclosing a copy of a letter dated
May 20, 2005 to George Stankevich wherein I enclosed a copy of the SEQRA report
(including the EAF Parts 1, 2, 3 and the Traffic Study). The report was not made
available to the public until after it was adopted by the Town Board on May 10, 2005. 1
am also enclosing a copy of a letter from Mr. Stankevich to me dated May 18 (it should
have been the 19th), wherein he requested a copy of the SEQRA. The letter from me
dated May 20 was not mailed, rather, as agreed in a telephone conversation, he picked
it and the enclosures up at the Town Clerk's office.
Please let me know if you need additional information.
V ry truly yours,
atricia A. Finnegan
own Attorney
PAF/lk
Enclosures
cc: Members of the Town Board (w/o encl.)
Ms. Elizabeth Neville, Town Clerk (w/encl.)
PATRICIA A. FINNEGAN UFFO( JOSHUA Y. HORTON
TOWN ATTORNEY �s �CO Supervisor
patricia.finnegan@town.southold.ny.us
3 Town Hall Annex, 54375 Route 26
KIERAN M. CORCORAN y P.O. Box 1179
ASSISTANT TOWN ATTORNEY �y nZi Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • �'�
�0 a�
LORI HULBE MONTEFU9C0 Telephone (631) 765-1939
1 1�I
ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639
lori.inontefusco@town.southold,ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
May 20, 2005
George C. Stankevich, Esq.
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11937
RE: SCTM No. 1000.61-1-3
Dear Mr. Stankevich:
As requested, enclosed please find copies of the following:
1. SEQRA Report prepared by Theresa Elkowitz, which includes the traffic
analysis prepared by McLean Associates; and
2. documents showing proposed new Town Hall facility.
During our telephone conversation on May 19 (not May 18 as your letter is
incorrectly dated), you requested the Given appraisal. I advised you that I would not
provide it at this time. Additionally, I do not presently have a title report on the property.
I will advise the Town Board of your request to be placed on the Work Session
Agenda.
Very truly yours,
Pam
Patricia A. Finnegan
Town Attorney
PAF/lk
Enclosures
y 19 05 04: 09p
�eox�.e �`oc/rxa�a Q�tam�(eevia/6 � �oelateG
0" 22 • = geL9/�
Tam<1� 9 f� *,,A "937
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May 18, 2005
Patricia Finnegan, Esq.
Southold Town Hall Annex
P.O. Box 1179
Southold,New York 11971
Re: Proposed Hrnion's Lane Condemnation
As discussed today, please make available to me at the close of business tomorrow,
Friday, May 20, 2005, 4:00 P.M. at the Southold Town Clerk's Office the following documents:
1. The Given and all appraisals other than Stype's.
2. The McLean Traffic and other reports.
3. The Elkowitz and all other SEQRA reports
4. All title reports
5. All development plans and studies including site plans and building plans
6. All other documents relating to this matter.
You are mandated by law to provide the highest appraisal in your possession.
Please place my appearance on next Tuesday's work session agenda.
SitPet e yours,
MAY 19
George C. Stankevich
cc: Southold Town Board
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PATRICIA A. FINNEGAN �fr �C OFFO( JOSHUA Y. HORTON
TOWN ATTORNEY O Supervisor
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y. Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy • ��'
j �a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori,montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Members of the Town Board
From: Patricia A. Finnegan, Esq., Town Attorney
Date: July 8, 2005
Subject: Eminent Domain Proceeding
Attached is a copy of the Answer filed on behalf of the Town in the
eminent domain proceeding. Please contact me if you have any questions.
PAF/lk
Enclosure
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.),L,, �
GOLDSTEIN, GOLDSTEIN, RIKON & GOTTLIEB, P.C.
ATTORNEYS AT LAW
80 PINE STREET, 32ND FLOOR
NEW YORK, NY 10005-1702
212 422-4000
J.
M. ROBHRT GOLDSTEIN
FAX 212 422-4687 MICHAEL GOLDSTEIN
ROBERT S. GOTTLIEB Email: infofggrgpc.com OF COUNSEL
MICHAEL RIKON www.ggrgpc.com
_ GARY BRANDLER
PHILIP A. SANCHEZ• LEGw AsslsTw
JOSHUA H. RIKON
JONATHAN M. HOUGHTON**
*ALSO ADMITTED IN CT&MA
k*ALso AOMPITED IN MA
RE: TOWN OF SOUTHOLD
George &Margaret Stankevich
SCTM: 1000-61-1-3
Our File 2181
July 6, 2005
Patricia F. Finnegan, Esq.
Town Attorney
Town of Southold
Southold Town Hall Annex
54375 Route 25 (Main Road) l ry
P.O. Box 1179
Southold, NY 1 197 1-0959
Dear Pat:
Enclosed please find a copy of the Answer to the EDPL 207 Petition together with a copy of
the Record. We have served these papers on Mr.Stankevich and filed the original with the Appellate
Division, Second Department.
I will shortly follow with a motion for a briefing schedule so as to expedite the proceedings.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
GOLDSTE , GO TEI ON &
GOTTLI P.C.
By:
Micha 1 Rikon
MR/lg (w/enc.)
G.COMM0NIS01 THOIA22181F vegan 05."d
GOLDSTEIN, GOLDSTEIN, RIKON & GOTTLIEB, P.C.
ATTORNEYS AT LAW
80 PINE STREET, 32ND FLOOR
NEwYORK, NY 10005-1702
212 422-4000
M. ROBERT GOLDSTEIN FAx 212 422-4687 MICHAEL J. GOLDSTEIN
ROBERT S. GOTTLIEB Email: infogggrgpc.com OF COUNSEL
MICHAEL RIKON www.ggrgpc.com
GARY BRANDLER
PHILIP A. SANCHEZ* LEGAL ASSISTANT
JOSHUA H. RIKON
JONATHAN M. HOUGHTON**
*Also ADMITTED IN CT&MA
**ALSO ADMITTED IN MA
RE: TOWN OF SOUTHOLD
George & Margaret Stankevich
SCTM: 1000-61-1-3
Our File 2181
July 6, 2005
0 George C. Stankevich, Esq.
George Cochran Stankevich &Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
Dear Mr. Stankevich:
Enclosed please find for service on you the Town of Southold's Answer to the Petition filed
in the Appellate Division pursuant to EDPL 207 together with the Record.
Very truly yours,
GOLDSTEIN, GOLDSTEIN, RIKON &
GOTTLIEB, P.C.
By: _
Michael Rikon
MR/lg (w/enc.)
cc/Patricia F. Finnegan, Esq. (w/enc.)
G:\COMMOM OUTHOLD@ISIS,adevst George 01"d
y SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND DEPARTMENT
GEORGE C. STANKEVICH and
MARGARET A. STANKEVICH, VERIFIED ANSWER TO
PETITION AND RECORD
Petitioners,
-against- App. Div. No. 05-05712
TOWN OF SOUTHOLD,
Respondent.
ANSWER
Respondent,Town of Southold,by its special condemnation counsel,Goldstein, Goldstein,
Rikon&Gottlieb,P.C.make the following answers to Petitioners'Verified Petition("Petition")with
the following note regarding CPLR § 3014:
As a general response, the Petition clearly fails to satisfy CPLR § 3014 requirements that
pleadings shall consist of plain and concise statements and that each paragraph in a pleading shall
contain a single allegation. Petitioners' lengthy, vague, and compound paragraphs inappropriately
include multiple allegations,legal arguments,and conclusions of law which render it impossible for
Respondent to discern, let alone respond appropriately to, each and every allegation contained
therein. Accordingly, Respondent hereby submits its Answer to the Petition, subject to an express
denial of all allegations which are not expressly admitted below, while preserving its objection to
the form and substance of said Petition. Respondent further reserved its rights to change its
responses if, and/or when Petitioners submit a more plain and concise statement.
1. Respondent admits that this is a proceeding pursuant to § 207 of the Eminent Domain
Procedure Law ("EDPL") seeking to reject, annul and set aside the Determination and Findings
identified in paragraph 1 of the Petition.
2. Respondent admits the allegations contained in paragraph 2 of the Petition.
3. Respondent admits the allegations contained in paragraph 3 of the Petition, except to the
extent that Respondent denies knowledge and information sufficient to form a belief with respect
to whether or not there are additional owners of the property identified in that paragraph.
4. Respondent admits the allegations contained in paragraph 4 of the Petition.
5. The allegations contained in paragraph 5 of the Petition are irrelevant to whether the
proposed taking of Petitioners' property is for a public purpose, or whether Respondent complied
with Article 8 of the Environmental Control Law and,otherwise complied with the requirements of
the EDPL. To the extent that the allegations contained in paragraph 4 of the Petition constitute
conclusions of law, Respondent neither admits nor denies such allegations, and to the extent that
there is an allegation of fact in paragraph 5 of the Petition, Respondent denies such allegations.
6. The allegations contained in paragraph 6 of the Petition are irrelevant to whether the
proposed taking of Petitioners' property is for a public purpose, or whether Respondent complied
with Article 8 of the Environmental Control Law and, otherwise complied with the requirements of
2
the EDPL. To the extent that the allegations contained in paragraph 4 of the Petition constitute
conclusions of law, Respondent neither admits nor denies such allegations, and to the extent that
there is an allegation of fact in paragraph 5 of the Petition, Respondent denies such allegations.
7. The allegations contained in paragraph 7 of the Petition are irrelevant to whether the
proposed taking of Petitioners' property is for a public purpose, or whether Respondent complied
with Article 8 of the Environmental Control Law and,otherwise complied with the requirements of
the EDPL. To the extent that the allegations contained in paragraph 4 of the Petition constitute
conclusions of law, Respondent neither admits nor denies such allegations, and to the extent that
there is an allegation of fact in paragraph 5 of the Petition, Respondent denies such allegations.
Further,the amount of the offer or just compensation to be paid is an issue specifically reserved for
the trial court upon a trial of damages.
8. Respondent denies the allegations contained in paragraph 8 of the Petition.
9. The allegations contained in paragraph 9 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly,Respondent
denies the allegations contained in paragraph 9 of the Petition.
3
10. Respondent denies the allegations contained in paragraph 10 of the Petition.
11. The allegations contained in paragraph 11 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly,Respondent
denies the allegations contained in paragraph I 1 of the Petition.
12. Respondent denies the allegations contained in paragraph 12.
13. Respondent denies the allegations contained in paragraph 13.
14. Respondent denies the allegations contained in paragraph 14.
15. Respondent denies the allegations contained in paragraph 15.
16. Respondent denies the allegations contained in paragraph 16.
17. The allegations contained in paragraph 17 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
4
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly,Respondent
denies the allegations contained in paragraph 17 of the Petition.
18. The allegations contained in paragraph 18 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly,Respondent
denies the allegations contained in paragraph 18 of the Petition.
19. Respondent denies the allegations contained in paragraph 19.
20. Respondent denies the allegations contained in paragraph 20.
21. The allegations contained in paragraph 21 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly,Respondent
denies the allegations contained in paragraph 21 of the Petition.
5
22. Respondent denies the allegations contained in paragraph 22.
23. The allegations contained in paragraph 23 of the Petition are irrelevant to whether the
proposed acquisition of Petitioners' property is for a public purpose, or whether the Determination
and Findings were made in accordance with the procedures set forth in the EDPL or whether there
was compliance with Article 8 of the Environmental Conservation Law, or whether the proposed
condemnation is in conformity with the Federal and State Constitutions. Accordingly, Respondent
denies the allegations contained in paragraph 23 of the Petition.
22 Should be 24. Respondent denies the allegations contained in paragraph 24.
23 Should be 25. Upon information and belief,Respondent admits the allegations contained
in paragraph 25 of the Petition.
24 Should be 26. The allegations contained in paragraph 26 of the Petition are irrelevant to
whether the proposed acquisition of Petitioners' property is for a public purpose, or whether the
Determination and Findings were made in accordance with the procedures set forth in the EDPL or
whether there was compliance with Article 8 of the Environmental Conservation Law, or whether
the proposed condemnation is in conformity with the Federal and State Constitutions. Accordingly,
Respondent denies the allegations contained in paragraph 26 of the Petition. Respondent further
alleges that even if the allegations were true,there is no legal obligation on Respondent to negotiate
in good faith.
6
25 Should be 27. The Record of the proceedings are annexed hereto in accordance with
EDPL.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
28. The Petition should be dismissed because the form and substance of the Petition violate
the requirements of CPLR § 3014.
29. The Petition does not consist of plain and concise statements, but instead consists of
lengthy and vague statements which often contain irrelevant, virulent comments.
30. Each paragraph of the Petition does not contain a single allegation, but instead the
paragraphs of the Petition contain multiple allegations, legal arguments, and conclusions of law.
31. Due to the Petition's failure to satisfy the requirements of CPLR§ 3014,it is impossible
and unreasonable for Respondent to adequately, accurately and fully respond to the Petition in its
current form.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
32. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
33. The Article 2 proceeding with respect to Respondent's Town Hall expansion project was
conducted in conformity with the Federal and State Constitutions.
7
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
34. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
35. The proposed acquisition is within the Respondent's statutory jurisdiction or authority.
36. The Town of Southold is a municipal corporation created by and existing under the Law
of the State of New York.
37. Respondent is empowered in accordance with the provisions of§ 64, sub-division 2 of
the Town Law and by the EDPL to acquire by eminent domain real property or any interest therein
deemed necessary or convenient for its immediate or future use.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
38. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
39. The Determination and Findings with respect to Respondent's town Hall expansion
project were made in accordance with procedures set forth in Article 2 of the EDPL.
40. Duly noticed public hearings were held at the Southold Town Hall, 53095 Main Road,
Southold, New York on January 5, 2005 and April 19, 2005.
8
41. Prior to the hearing,Respondent gave notice to the public of such hearing in accordance
with the provisions of§ 202 of the EDPL.
42. At the hearing, the public was informed of the following:
a. the proposed acquisition and its purpose;
b. the location of the proposed acquisition and premises to be acquired and the
reasons for selection of those locations;
C. the public use,benefit and purpose to be served by the proposed acquisition;
and
d. the impact of the construction and operation of the proposed acquisition on
the environment and the residents of the community.
43. Pursuant to § 204 of the EDPL, and having given full consideration to the complete
hearing record which included all documents submitted and all public comments with respect to the
proposed acquisition, the Southold Town Board on May 10, 2005, made the Determination and
Findings with respect to Respondent's Town Hall Expansion Project.
44.The Determination and Findings were made within ninety(90)days after the conclusion
of the public hearing.
45. The Determination and Findings were published for two successive weeks on May 19,
2005 and May 26, 2005 in The Traveler Watchman Newspaper and for five consecutive issues of
Newsday from May 16 to May 20,2005. In addition,a copy of the Determination and Findings were
mailed to the property owner by certified mail return receipt requested on May 16,2005. Finally the
9
Determination and Findings was personally served on the property owners on May 19, 2005.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
46. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
47. The Determination and Findings were made in accordance with Article Eight of the
Environmental Conservation Law.
48. Pursuant to SEQRA requirements, proper environmental review of the proposed
condemnation was conducted with Respondent, Town of Southold acting as lead agency.
49. A Phase I Environmental Assessment Form and Supporting Analyses were published
on February, 2005.
50. Following further review and analysis, a Final Environmental Assessment Form and
Supporting Analyses were published on March 29, 2005.
51. On May 10, 2005, the Town Board of Southold adopted a Negative Declaration and
made its determination that Respondent's Town Hall Expansion Project will not have any significant
environmental impacts and, therefore, an environmental impact statement is not required.
10
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
52. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
53. A public use, benefit or purpose will be served by the proposed acquisition.
54. The acquisition will benefit the public, in that the space available in the existing Town
Hall is insufficient to serve the general public needs of the community, in that existing offices are
overcrowded, basement areas of the existing Town Hall that were not designed for this type of
occupancy are being used for office space for data processing, maintenance, and Town Clerk staff,
existing records and vault storage is inadequate,expansion of the existing Town Hall building would
not create sufficient space, and the large expense required to rehabilitate the existing building to
provide space that would remain insufficient,would be an inappropriate use of public funds,and the
temporary relocation of certain Town offices to the `Bank Annex"provided only a short-term and
partial solution to the problems created by the insufficiency of space in the existing Town Hall
facility. The acquisition will be for the purpose of providing area for the expansion and
reconstruction of the Town Hall facility in Southold. The proposed acquisition is for only a portion
of Petitioners' property which would minimally accommodate the Town Hall expansion.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
55. Respondent repeats and realleges the preceding paragraphs as if stated in full herein.
11
56. Petitioners' demand that Respondent file a copy of a written transcript of the record of
the Article 2 proceeding with the Court has been satisfied. A copy of the Record of the Article 2
Hearing is attached to Record provided to Petitioners as Exhibit"A."
57. Petitioners demand the Respondent file a copy of the Determination and Findings with
the Court has been satisfied. A copy of the Determination and Findings is attached to Record as
Exhibit `B."
58. Petitioners demand the Respondent serve Petitioners with a coy of the documents
contained in Exhibit "A" and Exhibit `B" has been satisfied. Copies of those documents were
served on Petitioners as attachments to this Answer.
59. The purpose of a proceeding pursuant to §207 of the EDPL is to provide judicial review
of a condemnor's Determination and Findings, under the limited ambit of§ 207(c).
60. Demands for other relief must be brought in the context of an appropriate proceeding.
WHEREFORE, Respondent respectfully prays for expediting the Hearing of the Petition
and for an Order dismissing the Petition herein,rejecting Petitioners demands as inappropriate to this
proceeding,confirming the Respondent's Determination and Findings,and for such other and further
relief as to the Court may seem just and proper.
12
Dated: New York,New York
July 5, 2005
Respect ly submitt d
By:
Mi ael Rikon
G LDSTEIN, GOLDSTEIN,RIKO
& OTTLIEB, P.C.
Special Counsel for Town of Southold,
Respondent
80 Pine Street, 32'floor
New York,New York 10005
(212) 422-4000
13
VERIFICATION
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
Joshua Y. Horton, being duly sworn, deposes and states the following:
The deponent resides in the County of Suffolk, New York; that deponent is
the Supervisor of the Town of Southold, Respondent herein; that deponent has
read the foregoing Answer to Verified Petition and knows the contents thereof;
that the same is true of deponent's knowledge except as to those matters stated
to be alleged on information and belief, and that as to those matters deponent
believes it to be true.
This Verification is made by deponent because Respondent is a municipal
corporation. The grounds of deponent's knowledge are investigations which
deponent has caused to be made concerning the subject matter of this Answer to
Verified Petition and information acquired by deponent in the course of
deponent's duties as Supervisor of Respondent and from the books and records
of said Respondent.
et
Joshua Y. ort n
Sworn to before me this
day of June, 2005.
Notary Public
BARBARA ANN RUDDER
Notary Public,State of New York
No.4855805
Qu lified in Suffolk Co m 14 0 p ,
leelon Expires April ry��
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held before the Town Board of the
Town of Southold on the 5t' day of January, 2005 at 9:00 a.m. of that day at the Town Hall,
53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the New York State
Eminent Domain Procedure Law with respect to the proposed acquisition of the eastern portion
(approximately half) of the following parcel located on Hortons Lane in the hamlet of Southold,
directly behind the existing Town Hall building, to provide ample space for expansion and the
reconstruction of the Town Hall building in Southold:
Reputed Owners George and Margaret Stankevich
SCTM # 1000-61-1-3
The acquisition is proposed to provide for the expansion and construction of a new Town Hall
facility.
Dated: Southold, New York
November 30, 2004
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two (2) successive issues of The Suffolk Times commencing on Thursday,
December 16, 2004; and
(b) in five (5) successive issues of Newsday commencing on December 15, 2004.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH NEWSPAPER
TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD,
NY 11971-0959
Copies to the following:
The Suffolk Times Town Board Members
Newsday Accounting
Town Attorney
Town Clerk's Bulletin Board
Legal NoJce 1337"14
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
that a public hearmpwill be hold
before the Town Band of the
Town of Southold on the 5th day
of Januaryry 2005 at 9:00 a.m,of
that tlayy aTMa Town Hall,53095
Main Roatl(Route 25), Sout-
hold.New York,pursuant to Ar- -
tide 2 of the New York State
Eminent .Domain Procedure
Law with resppeecct to to pro
posed acqulsitlon d the eastem
m(a proximately half of
he following parcel local on
Horton Lane In the hamlet of
Southold damchy behind the
exis0ng Town Hall building,to
P.Vco ample space for expam
slon and the nsconsvuctlon of
the Town Hall building m Sout-
hold
Reputed Owners.Geoge and
Marr99brat Stankevich
SCTM#100061-1-3
The acquisl5on Is proposed to
provitle for the expansion and
construction W a new Town Hall
facll'ddv.
Dalad:Southold,N"York
November 30,200ut
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD.
ELIZABETHNEVILLE
TOWN CLERK
NEWSDAY PROOF
Customer.TOWN OF SOUTHOLD Contact: LINDA COOPER Phone:6317651800
Ad Number: 13375814 Start Date:12/15/2004 End Date:12/20/2004 Times:6
Price:$750.96 Size:1 x 39 Section:CL Class:9000
Printed By:C204 Date:12113/2004
Signature of Approval: Date:
Zones:
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13373704
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
SUNDAY DECEMBER 19 2004 Suffolk
SATURDAY DECEMBER 18 2004 Suffolk
WEDNESDAY DECEMBER 15 2004 Suffolk
FRIDAY DECEMBER 17 2004 Suffolk
THURSDAY DECEMBER 16 2004 Suffolk
Sworn To Before Me This
20 day of December 2004 O
Notary Public _.
Guy P.Wasser
Notary Public,State of New York
No.OIWA6045924
Commission Expires 08/07/2006
Qualified in Suffolk County
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13375814
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
SATURDAY DECEMBER 18 2004 Suffolk
FRIDAY DECEMBER 17 2004 Suffolk
WEDNESDAY DECEMBER 15 2004 Suffolk
THURSDAY DECEMBER 16 2004 Suffolk
MONDAY DECEMBER 20 2004 Suffolk
SUNDAY DECEMBER 19 2004 Suffolk
Sworn To Before Me This
20 day of December 2004 ----
Notary Public _
Guy P.Wasser
Notary Public,State of New York
No.01 WA6045924
Commission Expires 08/07/2006
Qualified in Suffolk County
, V .
#7255
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 16th day of
December 2004.
Principal Clerk
Sworn to before me this day of
2004
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK ff
No. 01-V06105050 a y
Qualified In Suffolk County Town BosE'An fdal
Commission Expires February 28, 2008
New
1 it'•
fiJ
myely':.. of 1
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5'
UN. 23. 21105 10 . 25AM 40
PATRICIA A.FINNEGAN JOSHUAY.HORTON
TOWN ATTORNEY `ObUFFQ(,� Supervisor
Patricia.fmnegan@town.southold.ny.us
KiERAN M. COR CORAN p Town Hall Annex,54375 Route 25
ASSISTANT TOWN ATTORNEY P.O. Box 1179
w � Southold,New York 11971-0959
kieran.corcoran@town.southold,n7.us 0�, • '�
LORI HULSE MONTEFUSCO Telephone (631) 765-1989
.ASSISTANT TOWN ATTORNEY � Facsimile (631) 765-6639
lon.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OFSOUTHOLD
FAX TRANSMISSION SHEET
FAX TO: Ms. Elizabeth Neville, Town Clerk
FROM: Lynne Krauza
Secretary to the Town Attorney
DATE: June 23. 2005
RE: Eminent Domain Proceeding
FAX NO.: (631) 765-6145
Number of pages including transmittal sheet: 4
MESSAGE: Pat asked me to fax you the annexed document regarding the
referenced matter.
PLEASE CALL 631-765-1939 WITH ANY QUESTIONS OR TRANSMITTAL
PROBLEMS.
PLEASE NOTE: The information contained in this facsimile message is privileged and
confidential, and is intended only for the individual named above and others who have been
specifically authorized to receive it. If you are not the intended recipient,you are hereby notified
that any dissemination, distribution, or copying of this communication is strictly prohibited. If you
have received this communication in error, or if any problems occur with transmission, kindly
contact the office of the Southold Town Attorney at(631)765-1939. Thank you.
�1 2005. 10: 25AM 2124224687 60LDSTEIN-RIKON-60TTLIEB NO. llQ? 20019/027
TABLE OF CONTENTS OF RECORD OF T1TE PROCEEDINGS
1. Resolution 954 of 2004 of Town of Southold dated November 30,2004 scheduling a Public
Hearing on January 5,2005 pursuant to Article 2 of the Eminent Domain Procedure Law.
OLegal notice, Notice of Public Hearing dated November 30, 2004 published in two
successive issues of the Suffolk Times, commencing December 16, 2004, and in five
successive issues of Newsday, commencing December 15,2004,
3. Minutes of Public Hearing held on January 5, 2005 of Southold Town Board.
4. Transcript of Public Hearing held on January 5, 2005.
5. Phase I Environmental Assessment for Stankevich property at 260 Horton Lane, Southold,
New York, dated February, 2005.
6. Parts 1, 2 and 3 of the Environmental Assessment Form for proposed condemnation of a
portion of 260 Horton Lane property and redevelopment of Town Ball Complex prepared
by Freudenthal and Elkowitz Consulting Group,Inc., dated March 29,2005.
7. Resolution No. 166 of 2005, dated March 29, 20095, of Town of Southold te-opening
eminent domain hearing and scheduling reopened public hearing on April 19, 2005 with
notice duly published and mailed to reputed owners,
8, Resolution No, 167 of 2005, dated March 29,2005,scheduling public hearing on April 19,
2005 pursuant to§202 of theEmineatDomain Procedure Law with property publication and
mailing to reputed owners.
1
i"I1 N, 23, 20U 5. 10 , 26AM 2124224687 GOLDSTEIN-RIKON-GOTTLIEB ��n. 4.C� �� 020j02'
9. Legal notice of public hearing re-opening public hearing on April 19, 2005 pursuant to
Article 2 of the Bminent Domain Procedure Law with proper publication, dated March 29,
2005.
10. Legal notice of public hearing pursuant to Article 2 of the Eminent Domain Procedure law
to acquire subject property with proper publication dated March 29,2005.
11. Minutes of Southold Town Board Public Hearing on April 19,2005 which reopened public
hearing on proposed condemnation of subject property.
12, Documents submitted to Town Board by George Stankevich at April 19, 2005 eminent
domain public hearing.
13. Minutes of Southold Town Board public hearing on April 19, 2005 on proposed
condemnation of subject property.
14. Resolution 291 of 2005 of Town of Southold,adopted May 10,2005,which designated the
Town as lead agency with respect to the proposed condemnation pursuant to the State
Environmental Quality Review Act,
15, Resolution 292 of 2005 of Town of Southold, adopted May 10, 2005, which adopted a
Negative Declaration for the proposed condemnation as a Type 1 action pursuant to 6
NYCRR§617.4 and after review and analysis of the proposed plan,the BAF,and the criteria
setforth in 6 NYCRR§617.7 detertnined that theproposed action will not have a significant
adverse impact on the environment and that the preparation of Environmental Impact
Statement is not thereby required,
2
I
o6 ,)�N (S 2005: 10 : 26 AM 21242246V GOLDSTEIN-RIKON-GOTTLIE6 �� ��� �• a®021/021
EXHIBIT B
16. Resolution 293 of 2005, adopted May 20, 2005, which made Findings and Determination
pursuant to§204 of the Etninent Domain Procedure Law to acquire the subject property by
eminent domain,
17. Copy of letter mailed certified return receipt requested on May 13, 2005 transmitting
resolution numbers 291 and 292 to The property owners with postal receipt. (2 pages)
18. Copy of letter mailed certified return receipt requested on May 13, 2005 transmitting
resolution 293 containing Findings and Determination to condemn to property owners with
postal receipt, (3 pages)
19, Legal notice published in The Traveler Watchman of Findings and Determination to
condemn fornvo successive weeks commeneiugMay 19,2005 with affidavit of publication.
20, Legalnotice published in Newsday for five successive days commencing May 16,2005 with
affidavit of publication. (2 pages)
21, Affidavit of personal service,datedMay 10,2005,ofpersonal service on George Stankevich
of resolution 293 of 2005 containing Findings and Determination to condemn with copy of
resolution and legal notice. (7 pages)
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June 10, 2005
Motions Department
Supreme Court, State of New York
Appellate Division, Second Department
45 Monroe Place
Brooklyn, New York 11201
Re: Stankevich v. Town of Southold
Index No.Os
Dear Sirs:
This is a special proceeding pursuant to Eminent Domain Procedure Law, §207. We are
filing herewith the following original documents:
1. Notice of Petition
2. Verified Petition
3. Request for Appellate Division Intervention (RADI)
4. EDPL §207(A) Demand
5. A $315.00 filing fee check
I will call you in several days in order to get the Index Number, so that I can serve the
Notice of Petition, Verified Petition and Demand upon the Respondent promptly and before the
end-of-this-month deadline. Please call me (631) 329-0396 if I can be of further assistance.
Sincerely yours,
George C. Stankevich
cc: Patricia A. Finnegan, Esq.
Southold Town Attorney
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SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISJON: SECOND JUDICIAL DEPARTMENT
---------------------------------------------------------------X
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
Notice of Petition
-against- Appellate Division Index No.:
--------------------------------------
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
PLEASE TAKE NOTICE that upon the annexed Petition of GEORGE C.
STANKEVICH and MARGARET A. STANKEVICH, sworn to June 10, 2005, and the papers
annexed thereto, the undersigned will move this court at the courthouse thereof, located at 45
Monroe Place, Brooklyn, New York 11201, on the 15th day of July, 2005 at 9:30 o'clock in the
forenoon of that date, or as soon thereafter as counsel may be heard, for an order pursuant to
Eminent Domain Procedure Law, §207 (C)(3)(4)(1) rejecting the Condemnor's (Respondent's)
determination and findings dated May 10, 2005 and published May 26, 2005on the grounds that :
1. the Condemnor's (Respondent's) determination and findings. dated May 10, 2005
and published May 26, 2005 were not made in accordance with procedures set
forth in the Eminent Domain Procedure Law and with article eight of the
environmental conservation law,
2. a public use, benefit or purpose will not be served by the proposed acquisition ,
3. the proceeding was not in conformity with the federal and state constitutions and,
4. granting such other and further relief as the court may deem just and equitable.
Dated; East Hampton, New York
June 10, 2005 Gai�
C
our , etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich &Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 1 1 97 1-0959
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
Verified Petition
-against- Appellate Division Index No.:
--------------------------------------
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
To: SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
The Petition of GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,
Petitioners, respectfully shows to this honorable court that:
NATURE OF PETITION
1. This proceeding is brought pursuant to Eminent Domain Procedure Law, §207.
VENUE AND JURISDICTION
2. The subject real property is located in the Town of Southold, County of Suffolk, and State of
New York. Venue and jurisdiction are properly laid in the Supreme Court of the State of New
York, Appellate Division: Second Judicial Department, pursuant to Eminent Domain Procedure
Law, §207 (B).
THE PARTIES
3. The Petitioners are the fee-simple owners of the subject real property located at 240 Horton's
Lane, Town of Southold, County of Suffolk, State of New York, known and shown on the
Suffolk County Tax Map#1000-61-1-3, see annexed map.
4. The Respondent is a New York municipal corporation situate at Southold, Suffolk County,
New York.
THE PROPERTY
5. The subject real property is an oblong, 100'x 400', 1 acre, piece of real property, located with
100' of frontage on the East side of Horton's Lane, stretching 400' easterly. The subject real
property is zoned "hamlet business" and is located in an historic district. The westerly portion
of the property is partially occupied by an historic Victorian office building and barns. 100% of
any future development yield for the entire property must occur on the easterly, vacant portion of
the subject real property because the historic buildings cannot be demolished or disturbed. The
Respondent (Condemnor) is attempting to sever and take this easterly vacant 1/2 acre of the
subject real property, including 1/2 of a barn.
BACKGROUND
6. Upon information and belief, the Town Supervisor is intent on hiring a Brooklyn contractor,
friend of a contributor, to construct a "no-bid" concrete, modular Town Hall. To that end he:(1)
torpedoed the office renovation of the adjoining Whitaker property which was sold, under
duress, to the Town and then resold by the Town to a developer in 2004 to the consternation of
the deprived original owners, see annexed map; (2) attempted to torpedo the proposed
acquisition of the vacant, huge, state-of-the-art Southold Savings Bank data processing center,
right around the corner on Youngs Avenue, see annexed map and (3) attempted to torpedo the
acquisition of the nearby, vacant Peconic Elementary School, see annexed map , which would
have cost the Southold taxpayers nothing, since money would have been moved from one
Southold pocket, the Town, to another, the school. The Supervisor has attempted to aggressively
disrupt negotiations. The alternate sites were obviously torpedoed because they were not
vacant... no need to build an edifice complex. This year the Supervisor is allegedly
quitting/retiring, ducking responsibility.
EMINENT DOMAIN PROCEDURE LAW §207(C) (3)
VIOLATION OF EDPL PROCEDURES
7. On December 10, 2004, the Respondent (Condemnor) purported to make a written offer of
$150,000.00 which was rejected because: (a) the purported offer grossly undervalued the subject
property, the savings purportedly to pay other project expenses at the Petitioners expense (b) the
purported offer failed to itemize total direct, total severance or consequential damages that apply
to the subject property, 1 5, supra (c) the purported offer intentionally ignored adjacent
comparables, 19, infra (d) the purported offer relied upon an invalid "Stype" appraisal, 19,
infra (e) and the Respondent (Condemnor) refuses, to date, to amend its offer, despite an
allegedly, substantially higher March, 2005 "Given" appraisal.
S. This was a clear violation of the highest appraisal and damage provisions of the Eminent
Domain Procedure Law §303 and the just compensation provisions of Eminent Domain
Procedure Law §101 and the just compensation provisions of Eminent Domain Procedure Law
§301.
9. The October 29, 2004 "Stype" appraisal: (a) intentionally ignored the adjoining Kowalski
comparable which was an identical piece of vacant real property, sold, under duress, to the
Respondent (Condemnor)(when it illegally refused to issue permits for a plumbing supply store)
over twenty-five years ago for $138,000.00 and the market has gone up lOx since then (b)
intentionally ignored the adjoining Whitaker comparable which was a smaller piece of property
with a "teardown" sold, under duress, to the Town and then resold by the Town in 2004 to a
developer for $375,000.00 without reoffering it to the Whitakers, (c) intentionally failed to
itemize total direct, total severance or consequential damages that apply to the subject property,
despite the fact that the vacant easterly portion comprised 100% of the future development value
of the subject real property because of the historic buildings, one of which the Town wants to
sever, on the westerly portion. The Respondent (Condemnor) has attempted to bolster this
invalid "Stype" appraisal by preposterously asserting that the easterly portion of the subject
property is landlocked despite the 100' of frontage on Horton's Lane and the fact that on the East
and South side it abuts a public, Town parking lot. Land locked to whom?
10. This was a clear violation of the highest appraisal and damage provisions of Eminent
Domain Procedure Law §303 and the just compensation provisions of Eminent Domain
Procedure Law §301 and the just compensation, legitimate interests of private property owners,
fair negotiation and equal treatment provisions of the Eminent Domain Procedure Law §101 and
ignoring the spirit of the abandonment provisions of Eminent Domain Procedure Law §406.
11. The Respondent (Condemnor) has refused to increase it's purported offer and/or release the
higher "Given" appraisal, 1 7, supra, in violation of the highest appraisal and damage
provisions of Eminent Domain Procedure Law §303 and the just compensation provisions of
Eminent Domain Procedure Law §301 and the just compensation, legitimate interests of private
property owners, fair negotiation and equal treatment provisions of the Eminent Domain
Procedure Law §101.
12. The Respondent (Condemnor) held a purported hearing on January 5, 2005 where it
intentionally failed and refused to public notice and discuss: (a) the alternative vacant Southold
Savings Bank data processing building/site, vacant Peconic Elementary School building/site and
the adjoining Whitaker building/site, 16, supra (b) SEQRA, environmental and planning review
(c) title (d) appraisal inadequacies (e) lack of planning referrals or reviews. At this hearing the
Supervisor stood mute in the face of all the allegations made herein. The hearing was "closed".
13. This was a clear violation of the notice and public participation provisions of the Eminent
Domain Procedure Law §202 and hearing and public participation provisions of the Eminent
Domain Procedure Law §203.
14. Embarrassed by the paucity of compliance, on January 18, 2005 the Respondent
(Condemnor) moved, for the first time, to hire a surveyor (McLean), a new appraiser (Given), a
SEQRA consultant (Elkowitz) and a title abstractor(Zahler).
15. Yet another "reopened" hearing and, confusingly, an additional hearing was held on April
19, 2005 where again the Respondent (Condemnor) repeated the prior errors and omissions and
intentionally failed and refused to public notice and discuss: (a) the alternative vacant Southold
Savings Bank data processing building/site, vacant Peconic Elementary School building/site and
the adjoining Whitaker building/site , 16, supra (b) SEQRA, environmental and planning
review (c) title (d) appraisal inadequacies (e) lack of planning referrals or reviews, and the
requested Given appraisal, the Zahler abstract, and the Elkowitz SEQRA, were not public
noticed or made available to be discussed. At this hearing the Supervisor absented himself in the
face of all the allegations herein.
16. This was a clear violation of the notice and public participation provisions of the Eminent
Domain Procedure Law §202 and hearing and public participation provisions of the Eminent
Domain Procedure Law §203.
EMINENT DOMAIN PROCEDURE LAW §207(C) (3)
VIOLATION OF ECL PROCEDURES
17. The subject property is located in an historic district within 100' of State Road 25A, the
State MIA Rail Line and within 500' of County Road 48, yet no referral or consultation was had
with the Southold Town Planning Board, Southold Town Hamlet Committee, Suffolk County
Planning Board, Bi-County Planning Commission, State Highway Department or State MTA, in
violation of law and good and customary planning practices. The Given appraisal, the Zahler
abstract, and the Elkowit2 SEQRA, were not made available for referral or review.
18. The Respondent (Condemnor) has no facilities plan, needs analysis (Departments were not
queried on their needs), comprehensive plan nor financial plan. All of the documentation, the
Respondent (Condemnor) now wishes to proffer are self-serving, after the fact, speculative and
hypothetical.
19. There was no environmental hard look, but rather an after-the-fact papering up of
deficiencies.
20. This was a clear violation of the environmental provisions of the Eminent Domain
Procedure Law §101 and hearing provisions of the Eminent Domain Procedure Law §201and
Article 8 of the Environmental Law.
21. The hearing notices and hearings were totally devoid of any notice, discussion or evidence
regarding impact on the environment or the neighborhood. This, of course, explains why the
May 10, 2005 determination and findings 1 4, attached, spoke about the benefits to the
Respondent (Condemnor), but totally ignored the impact on the environment.
22. This was a clear violation of the environmental provisions of the Eminent Domain
Procedure Law §101 and hearing provisions of the Eminent Domain Procedure Law §201, the
determination and findings provisions of Eminent Domain Procedure Law §204 (13)(3) and
Article 8 of the Environmental Law.
EMINENT DOMAIN PROCEDURE LAW §207(C) (4)
PUBLIC PURPOSE NOT PROVEN
23. In all of the above, see 1 5-19 supra, the public purpose proof of the Respondent
(Condemnor) is whole cloth and a sham covering a private/political purpose/favoritism. The
Town Attorney's conclusory statements proffered at the hearings, unsupported by a facilities
plan, a needs analysis (Departments were not queried on their needs), Planning Board analysis,
comprehensive plan or a financial plan, is smoke.
EMINENT DOMAIN PROCEDURE LAW §207(C) (1)
CONSTITUTIONAL VIOLATIONS
22. In all of the above, see T 5-19 supra, the Respondent (Condemnor) violated the Petitioners'
constitutional due process, equal protection and just compensation rights.
NO PRIOR PROCEEDINGS
23. No previous application for the same or similar relief has been made.
BAD FAITH
24. The Respondent (Condemnor) has refused to negotiate in good faith (this is the only hostile
condemnation in Southold Town's 350 year history), and the Supervisor has refused all requests
for negotiations since December 2004, thus necessitating the commencement of the within
proceeding. Granting the relief requested herein would allow the Town Board to reconstitute,
regroup, right itself and proceed properly in the public interest under new leadership.
EMINENT DOMAIN PROCEDURE LAW §207(A) DEMAND
25. An Eminent Domain Procedure Law §207(A) Demand is being served simultaneously
herewith.
WHEREFORE, Petitioners respectfully ask that this honorable court grant an order
pursuant to Eminent Domain Procedure Law, §207 (C)(1)(3)(4) rejecting the Respondent's
(Condemnor's) Determination and Findings dated May 10, 2005 and published May 26, 2005 on
the grounds that : (1) the Respondent's (Condemnor's) Determination and Findings. dated May
10, 2005 and published May 26, 2005 were not made in accordance with procedures set forth in
the Eminent Domain Procedure Law and with Article eight of the environmental conservation
law, and (2) a public use, benefit or purpose will not be served by the proposed acquisition and,
(3) the proceeding was not in conformity with the federal and state constitutions and, (4)
together with such other and further relief as the court may deem just and equitable.
Dated: East Hampton, New York
June 10, 2005
Yours, etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
I, George C. Stankevich, being duly sworn, say: I am a petitioner in the within
proceeding ; I have read the foregoing petition and know the contents thereof; and the same is true
to my own knowledge, except as to the matters therein stated to be alleged upon information and
belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters not
stated upon my own knowledge are as follows: Records and investigations.
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Sworn to before me on 1 Oth day
;ofJune, 2005
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14/06 '05 TUE 15:12 FAX 631 765 6145 SOUTHOL) TOWN CLERK Z 007
SO(/Tyo
ELIZABETH A.NEVILLE h� �O Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATXSTICS ac Southold,New York 11971
MARRIAGE OFFICER , ® y0 Fax(631) 765.6145
RECORDS MANAGEMENT OFFICER l Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER yOwn southoldtown.north,rork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 293 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, upon due notice the Town Board of the Town of Southold held public
hearings pursuant to Article 2 of the New York State Eminent Domain, Procedure Law on
January 5, 2005 and April 19, 2005 at the Town Hall with respect to the proposed acquisition of
premises located in the hamlet of Southold and lying east of Horton's Lane and north of the
location of the existing Town Hall facility, comprising the eastern portion (approximately one-
half) of premises reputed to be owned by George and Margaret Stankevich, identified on the
Suffolk County Tax Map as District 1000, Section 61,Block 1, Lot 3,to inform the public and to
review the public use to be served by the acquisition and to review the impact of the acquisition
on the community;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold makes the following Findings and Determination:
FINDINGS AND DETERMINATION
1. The acquisition will benefit the public, in that the space available in the existing
Town Hall is insufficient to serve the general public needs of the community, in that existing
offices are overcrowded, basenl.ent areas of the existing Town Hall that were not designed for
this type of occupancy are being used for office space for date processing, maintenance, and
Town Clerk staff, existing records and vault storage is inadequate, expansion of the existing
Town Hall building would not create sufficient space, and the large expense required to
rehabilitate the existing building to provide space that would remain insufficient, would be an
inappropriate use of public funds, and the temporary relocation of certain Town offices to the
`Bank Annex" provided only a short-term and partial solution to the problems created by the
insufficiency of space in the existing Town Hall facility.
2. The acquisition will be for the purpose of providing area for the expansion and
reconstruction of the Town Hall facility in Southold.
14/06 '05 TUE 15:12 FAX 631 765 6145 SOUTHOLD TOWN CLERK Z008
3. The approximate location for the proposed public project and the reasons for the
selection of that location are:
a. The approximate location for the proposed public project is 0.471 acres or
20,514 square feet, more or less, lying east of Horton's Lane and north of
the location of the existing Town Hall facility;
b. This location was selected for the project because of its area and
contiguity to the existing Town Hall facility.
4. The proposed project will have the following general effect on the environment and
residents of the locality:
a. The proposed project will include the construction of offices and related
lt� facilities, including parking, for use by Town employees and the public;
b. Among other things, the proposed project will provide improved public
access to Town employees and officials, improved working conditions for
Town employees and officials, and increased storage for Town records.
5. The acquisition has been determined by the Town Board of the Town of Southold to
be a Type I Action under the State Environmental Quality Review Act as supplemented by
Chapter 44 of the Code of the Town of Southold.
G. That on May 10, 2005 the Town Board of the Town of Southold adopted a
determination that the acquisition would not have a significant impact on the environment; and
be it further
RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of
these Findings and Determination published in two (2). successive issues of The Traveler
Watchman commencing on May 19, 2005, and in five (5) successive issues of Newsday
commencing on.May 16, 2005; and to mail a copy of this Findings and Determination to George
and Margaret Stankevich by certified mail,return receipt requested, and be it further
RESOLVED, that the Supervisor is authorized and directed to execute any documents
and to pay any and all reasonable survey, title prorated tax, and recording charges, as may be
necessary to effect the condemnation; and be it further
RESOLVED, that the monies to be expended for the purchase of the property shall be
drawn from the Town of Southold Capital Fund; and be it fiuher
• 14/06 '05 TUE 15:12 FAX 651 765 6145 SOUTHOLD TOWN CLERK Z 009
RESOLVED, that the Town Clerk is hereby directed to forward copies of this resolution
and the attached notice to:
Town Attorney Patricia Finnegan
Michael Rikon, Special Counsel, Goldstein., Goldstein, Rikon& Gottlieb,P.C.
Dated: May 10, 2005
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
P-LIZA13ETH NEVILLE
TOWN CLERK
ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND
FINDINGS WHO WISHES TO .CHALLENGE AND SEEK JUDICIAL REVIEW
THEREOF MUST DO SO, IF AT ALL, BY FILING A PETITION, IN ACCORDANCE
WITH THE NEW YORK EMINENT DOMAIN PROCEDURE LAW, SECTION 207, IN
THE APPELLATE DIVISION, SECOND DEPARTMENT, 45 MONROE PLACE,
BROOKLYN, NEW YORK, NO LATER THAN THIRTY (30) DAYS AFTER
PUBLICATION OF THESE DETERMINATION AND FINDINGS, OTHERWISE ANY
SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED. THE
APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR
PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND THE OTHER
MATTERS SET FORTH IN THE NEW YORK EMINENT DOMAIN PROCEDURE
LAW, SECTION 207. ANYONE WISHING TO CHALLENGE THE DETERMINATION
AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY.
,
Elizabetb A. Neville
Southold Town Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
---------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
Demand Pursuant to
EDPL §207(A)
-against- Appellate Division Index No.:
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to Eminent Domain Procedure Law §207(A)
demand is made upon the Respondent (Condemnor) to file and deliver forthwith a copy of the
subject written transcript of the record of the proceedings before it and a copy of its determination
and findings dated May 10, 2005 and published May 26, 2005 with the above court, to wit, Clerk,
Supreme Court of the State of New York, Appellate Division: Second Judicial Department 45
Monroe Place, Brooklyn, New York 11201.
Dated; East Hampton, New York
June 10,2005
You , etc.: C
GEORGE CITKEVICH, ESQ.
George Cochran Stankevich &Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
t
Supreme (Jaurt of t1Tr ,Statr of Nefrf �orh
Appellate PLfrTscon : SerxIi Jubiria( prpartment
Form A - Request for Appellate Division Intervention - Civil
See 4 670.3 of the rules of this court for directions on the use of this form (22 NYCRR 670.3).
Rog
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GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,
Petitioners
oab Notice of Apwal FII,4
-against- 1 tl ti ?
TOWN OF SOUTHOLD, Respondent
U CPLH article 78 Proceeding U Transferred Proceeding
U Civil Action U Special Proceeding Other =pp,,�,�I ❑CPLR 5704 Review
J CPLR article 75 Arbitration J Habeas Carpus Proceeding roceeding
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J 1 Freedom of Information Law J 1 Adoption J 1 Discipline U1 Assault. Battery, Falsev
U 2 Human Rights U 2 Attorney's Fees J 2 Jail Time Calculation Imprisonment
O 3 Licenses U 3 Children-Support LI 3 Parole ❑2 Conversion
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J 3 Religious Residence J 5 Liens J 8 Malpractice
04 Nat-for-Profit U 10 Expert's Fees J 6 Morlgag" ❑9 Negligence
J 5 Other J 11 Maintenance/Alimony J 7 Partition J 10 Nuisance
U 12 Marital Status J 6 Pert J 11 Products Liability
C.'Gontroefstri lti t J 13 Paternity I J 9 Taxation ❑12 Strict Liability
U 1 Brokerage J 14 Spousal Support J 10 Zoning U 13 Trespass and/or Waste
'J 2 Commercial Paper U 15 Other J 11 Other U 14 Other
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tire
J 5 Insurance U 1 Constructive Trust U 1 1 of Mount Vernon I U 1 Accounting
❑6 Real Property ❑ 2 Debtor & Creditor Charter 4§ 120, 127-f, or I U 2 Discovery
J 7 Sales ❑3 Declaratory Judgment 129 :J 3 Probate/Administration
L7II Secured ❑4 Election Law Eminent Domain Proced- :IJ 4 Trusts
0 9 Other J 5 Notice of Claim tire. Law § 207 'J 5 Other
J 6 Other IJ 3 General Municipal Law
§ 712
4 Labor Law § 220
m
i J 5 Public Service Law if 4 128 g
or 170 0
d
J 6 Other
Form A -RADI-Civil
Paper Appealed From (check one only): I
J Amended Decree J Determination J Order 0 Resettled Order
J Amended Judgment 0 Finding J Order&Judgment O Ruling
❑ Amended Order J Interlocutory Decree 0 Partial Decree ❑ Other(specify):
Decision 0 Interlocutory Judgment U Resettled Decree
0 Decree 0 Judgment 0 Resettled Judgment
Court: County:
Dated: Entered:
Judge (name in full): _ Index No.:
Stage: J Interlocutory ❑ Final ❑ Post-Final Trial: J Yes U No If Yes: 0 Jury 0 Non-Jury
r
.; ?,. ... A d -' Prior UnPerfeCted Appeal loforti+8tio e
Are any unperfected appeals pending in this case? O Yes U No. If yes, do you intend to perfect the appeal or appeals
covered by the annexed notice of appeal with the prior appeals? J Yes J No. Set forth the Appellate Division Cause
Number(s) of any prior, pending, unperfected appeals:
Original
Commenced by: J Order to Show Cause V Notice of Petition J Writ of Habeas Corpus Date Filed: 6/10/OS
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding • CPLR 7804fg)
Court: County.
Judge (name in fulll: Order of Transfer Date:
CPLR 5704 Review of Order
Court: County:
Judge Ineme in fulg: Dated
Description • • or Application
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested
and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to
CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of
the ex parts order to be reviewed.
Petition: for an order granting the following relief pursuant to Eminent Domain
Procedure Law, Section 207(C) (1) (3) (4)rejecting, the Condemnor's (Respondent's)
determination and findings dated March 29, 2005 and published May 26, 2005,
Amount: If an appeal is from a money judgment, specih, the amount awarded.
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review.
s
Issues Continued:
'; ' - ' `: f 6 F'ofm Blior Aflditrontd A 1pe¢11i urGl0t18 € ;
J
Party
Instructions! Fill in the name of each party to the action or proceeding,one Examples of a party's original status include: plaintiff, defendant,
name per line. If this form is to be[tied tot an appeal,indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, Ihird•pany
party in the court of original instance and his, her, of its status in this Court, it defendant, and intervenor. Examples of a pany's Appellate Divlslon status
any. If this form is to be filed for a proceeding commenced in this court.fill in include: appellant, respondent, appellant-respondem, respondent-appellant,
only the party's name and his,her,or its status in this court. petitioner,and intervenor.
No. Party Name Original Status Appellate Division Status
1 George C. Stankevich Petitioner
2 Margaret A. Stankevich Petitioner
3 Town of Southold Respondpint
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Instrueepq: Fill in the names of 1M attorneys or fiats of ettomays for the provided.
respective parties. If this form to to be filed with the notice of petition Of order In the event that a fiti¢ent represents herself of himself, the box
to show causal by which a special proceeding IS to be commancad in the marked "Pro Se' nowt be checked and the appropriate information for ma
Appellate Division, only ilia rams of the attorney for the petitioner need be litigant must be supplied in the spaces provided.
Attorney/Firm Name: George C. Stankevich, Esq.
__
Address: 74 Montauk Highway, Suite 22
City: East Hampton, „State: NY Zip:11937 Telephone No.:(631)329-0396
Attorney Type: 41 Retained ❑ Assigned U Government U Pro Se O Pro Hac Vice
Party or Parties Represented (set forth patty numberls)from table above or from For CC P 1 1 N R$
Attorney/Firm Name: Patricia A. Finnegan, Esq. , Southold Town Attorney
Address: P.O. Box 1179, Southold, New York 11971
City: State: Zip: Telephone No.:i631 765-1939
Attorney Type: U Retained U Assigned 10 Government ❑ Pro Se ❑ Pro Hac Vice
Party or Parties Represented fear foot,pony mumbeds)from cane above or trot,Farm c): HE F E
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No.:
Attorney Type: ❑ Retained U Assigned U Government U Pro Se U Pro Hac Vice
Party or Parties Represented feet torth party numboos)from table above fir from Farm CI:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No.:
Attorney Type: U Retained ❑Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice
Party or Parties Represented (set forth party numberlsl Irom table above or from Form Cl: 1 i
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No.:
Attorney Type: ❑ Retained U Assigned U Government U Pro Se U Pro Hac Vice
Party or Parties Represented (set form party numberlsl from table shove or Irom Form q: it I
Attorney/Firm Name:
_ -------- ------------___..-.... ------- ------— ...-------
Address:
City: State: Zip: Telephone No.:
Attorney Type: U Retained U Assigned U Government ❑ Pro Se U Pro Hac Vice
Party or Parties Represented tint forth Deny number)sl from table above in from Form C):
bom6'C
ft� 6)D:r3 oTthe U.the App¢Nee ;
;�rpfwpt �flegll the re�q�lked papers in tffa tol �e '
gnflr 1 any etjyirod Adddlonal ApfMal
nft'I!, a p_m¢y�,ln�prrvlp{ioftlForma IFo:m CI, 14) the notice dkalspa8� +_I tfkl '' •�t -' fie
cttP,V'P_L'me PBPer{or �r11:7rt161 which fhb tappeel o�BppBalscoVelefl mth�•rleo[la9• ft � � t("�lt1rN
i8'orNtt$BFien,$Zip 1�p tiaPy pt:�he decision or decisions tit the COurt of Original'insf3d 318;. y.
IV SO�ryo
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK # P.O. Box 1179
REGISTRAR OF VITAL STATISTICS G C Southold, New York 11971
MARRIAGE OFFICER • �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER �'. Telephone (631) 765-1500
FREEDOM OF INFORMATION OFFICER - "00mN southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 408 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 21, 2005:
RESOLVED that the Town Board of the Town of Southold hereby retains Given Associates to
prepare an appraisal on the Property known as tax parcel# 1000-61-1-9 1 located on
Traveler Street in Southold.
Elizabeth A. Neville
Southold Town Clerk
SUPREME COURT OF THE STATE OF NEW YORK RECEIVED
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT 11:454.4
-- -------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A. JUN 2 1 2005�,
STANKEVICH, Petitioners 0(w'-L Lq&Q-
Notice of PeftAold Town Clerk
,ba"pUfil
-against- Appellate Division Index No.:
04 -0 5 71------------------
7�
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
PLEASE TAKE NOTICE that upon the annexed Petition of GEORGE C.
STANKEVICH and MARGARET A. STANKEVICH, sworn to June 10, 2005, and the papers
annexed thereto, the undersigned will move this court at the courthouse thereof, located at 45
Monroe Place, Brooklyn, New York 11201, on the 15th day of July, 2005 at 9:30 o'clock in the
forenoon of that date, or as soon thereafter as counsel may be heard, for an order pursuant to
Eminent Domain Procedure Law, §207 (C)(3)(4)(1) rejecting the Condemnor's (Respondent's)
determination and findings dated May 10, 2005 and published May 26, 2005on the grounds that :
1. the Condemnor's (Respondent's) determination and findings. dated May 10, 2005
and published May 26, 2005 were not made in accordance with procedures set
forth in the Eminent Domain Procedure Law and with article eight of the
environmental conservation law,
2. a public use, benefit or purpose will not be served by the proposed acquisition ,
3. the proceeding was not in conformity with the federal and state constitutions and,
4, granting such other and further relief as the court may deem just and equitable.
Dated; East Hampton, New York
June 10, 2005
C
A,ur , etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25 cc: Town Ro rd
P.O. Box 1179 Goldstein, Goldstein,
Southold, New York 1 197 1-0959 !kon & Cottl'eb, P.C.
own Comptroltier
361 W, -bsihs Si—
G►-«�t,or-t k) V u9gY
Ole. , •
•
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
Verified Petition
-against- Appellate Division Index No.:
------------------------------------
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------X
To: SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
The Petition of GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,
Petitioners, respectfully shows to this honorable court that:
NATURE OF PETITION
1. This proceeding is brought pursuant to Eminent Domain Procedure Law, §207.
VENUE AND JURISDICTION
2. The subject real property is located in the Town of Southold, County of Suffolk, and State of
New York. Venue and jurisdiction are properly laid in the Supreme Court of the State of New
York, Appellate Division: Second Judicial Department, pursuant to Eminent Domain Procedure
Law, §207 (B).
THE PARTIES
3, The Petitioners are the fee-simple owners of the subject real property located at 240 Horton's
Lane, Town of Southold, County of Suffolk, State of New York, known and shown on the
Suffolk County Tax Map #1000-61-1-3, see annexed map.
4. The Respondent is a New York municipal corporation situate at Southold, Suffolk County,
New York.
THE PROPERTY
5. The subject real property is an oblong, 100' x 400', 1 acre, piece of real property, located with
100' of frontage on the East side of Horton's Lane, stretching 400' easterly. The subject real
property is zoned "hamlet business" and is located in an historic district. The westerly portion
of the property is partially occupied by an historic Victorian office building and barns. 100% of
any future development yield for the entire property must occur on the easterly, vacant portion of
the subject real property because the historic buildings cannot be demolished or disturbed. The
Respondent (Condemnor) is attempting to sever and take this easterly vacant 1/2 acre of the
subject real property, including 1/2 of a barn.
BACKGROUND
6. Upon information and belief, the Town Supervisor is intent on hiring a Brooklyn contractor,
friend of a contributor, to construct a "no-bid" concrete, modular Town Hall. To that end he:(1)
torpedoed the office renovation of the adjoining Whitaker property which was sold, under
duress, to the Town and then resold by the Town to a developer in 2004 to the consternation of
the deprived original owners, see annexed map; (2) attempted to torpedo the proposed
acquisition of the vacant, huge, state-of-the-art Southold Savings Bank data processing center,
right around the comer on Youngs Avenue, see annexed map and (3) attempted to torpedo the
acquisition of the nearby, vacant Peconic Elementary School, see annexed map , which would
have cost the Southold taxpayers nothing, since money would have been moved from one
Southold pocket, the Town, to another, the school. The Supervisor has attempted to aggressively
disrupt negotiations. The alternate sites were obviously torpedoed because they were not
vacant... no need to build an edifice complex. This year the Supervisor is allegedly
quitting/retiring, ducking responsibility.
EMINENT DOMAIN PROCEDURE LAW §207(C) (3)
VIOLATION OF EDPL PROCEDURES
7. On December 10, 2004, the Respondent (Condemnor) purported to make a written offer of
$150,000.00 which was rejected because: (a) the purported offer grossly undervalued the subject
property, the savings purportedly to pay other project expenses at the Petitioners expense (b) the
purported offer failed to itemize total direct, total severance or consequential damages that apply
to the subject property, 1 5, supra (c) the purported offer intentionally ignored adjacent
comparables, 19, infra (d) the purported offer relied upon an invalid "Stype" appraisal, 19,
infra (e) and the Respondent (Condemnor) refuses, to date, to amend its offer, despite an
allegedly, substantially higher March, 2005 "Given" appraisal.
8. This was a clear violation of the highest appraisal and damage provisions of the Eminent
Domain Procedure Law §303 and the just compensation provisions of Eminent Domain
Procedure Law §101 and the just compensation provisions of Eminent Domain Procedure Law
§301.
9. The October 29, 2004 "Stype" appraisal: (a) intentionally ignored the adjoining Kowalski
comparable which was an identical piece of vacant real property, sold, under duress, to the
Respondent (Condemnor)(when it illegally refused to issue permits for a plumbing supply store)
over twenty-five years ago for $138,000.00 and the market has gone up IOx since then (b)
intentionally ignored the adjoining Whitaker comparable which was a smaller piece of property
with a "teardown" sold, under duress, to the Town and then resold by the Town in 2004 to a
developer for $375,000.00 without reoffering it to the Whitakers, (c) intentionally failed to
itemize total direct, total severance or consequential damages that apply to the subject property,
despite the fact that the vacant easterly portion comprised 100% of the future development value
of the subject real property because of the historic buildings, one of which the Town wants to
sever, on the westerly portion. The Respondent (Condemnor) has attempted to bolster this
invalid "Stype" appraisal by preposterously asserting that the easterly portion of the subject
property is landlocked despite the 100' of frontage on Horton's Lane and the fact that on the East
and South side it abuts a public, Town parking lot. Land locked to whom?
10. This was a clear violation of the highest appraisal and damage provisions of Eminent
Domain Procedure Law §303 and the just compensation provisions of Eminent Domain
Procedure Law §301 and the just compensation, legitimate interests of private property owners,
fair negotiation and equal treatment provisions of the Eminent Domain Procedure Law §101 and
ignoring the spirit of the abandonment provisions of Eminent Domain Procedure Law §406.
11. The Respondent (Condemnor) has refused to increase it's purported offer and/or release the
higher "Given" appraisal, 1 7, supra, in violation of the highest appraisal and damage
provisions of Eminent Domain Procedure Law §303 and the just compensation provisions of
Eminent Domain Procedure Law §301 and the just compensation, legitimate interests of private
property owners, fair negotiation and equal treatment provisions of the Eminent Domain
Procedure Law §101.
12. The Respondent (Condemnor) held a purported hearing on January 5, 2005 where it
intentionally failed and refused to public notice and discuss: (a) the alternative vacant Southold
Savings Bank data processing building/site, vacant Peconic Elementary School building/site and
the adjoining Whitaker building/site, 16, supra (b) SEQRA, environmental and planning review
(c) title (d) appraisal inadequacies (e) lack of planning referrals or reviews. At this hearing the
Supervisor stood mute in the face of all the allegations made herein. The hearing was "closed".
13. This was a clear violation of the notice and public participation provisions of the Eminent
Domain Procedure Law §202 and hearing and public participation provisions of the Eminent
Domain Procedure Law §203.
14. Embarrassed by the paucity of compliance, on January 18, 2005 the Respondent
(Condemnor) moved, for the first time, to hire a surveyor (McLean), a new appraiser (Given), a
SEQRA consultant (Elkowitz) and a title abstractor(Zahler).
15. Yet another "reopened" hearing and, confusingly, an additional hearing was held on April
19, 2005 where again the Respondent (Condemnor) repeated the prior errors and omissions and
intentionally failed and refused to public notice and discuss: (a) the alternative vacant Southold
Savings Bank data processing building/site, vacant Peconic Elementary School building/site and
the adjoining Whitaker building/site , 1 6, supra (b) SEQRA, environmental and planning
review (c) title (d) appraisal inadequacies (e) lack of planning referrals or reviews, and the
requested Given appraisal, the Zahler abstract, and the Elkowitz SEQRA, were not public
noticed or made available to be discussed. At this hearing the Supervisor absented himself in the
face of all the allegations herein.
16. This was a clear violation of the notice and public participation provisions of the Eminent
Domain Procedure Law §202 and hearing and public participation provisions of the Eminent
Domain Procedure Law §203.
EMINENT DOMAIN PROCEDURE LAW §207(C) (3)
VIOLATION OF ECL PROCEDURES
17. The subject property is located in an historic district within 100' of State Road 25A, the
State MTA Rail Line and within 500' of County Road 48, yet no referral or consultation was had
with the Southold Town Planning Board, Southold Town Hamlet Committee, Suffolk County
Planning Board, Bi-County Planning Commission, State Highway Department or State MTA, in
violation of law and good and customary planning practices. The Given appraisal, the Zahler
abstract, and the Elkowitz SEQRA, were not made available for referral or review.
18. The Respondent (Condemnor) has no facilities plan, needs analysis (Departments were not
queried on their needs), comprehensive plan nor financial plan. All of the documentation, the
Respondent (Condemnor) now wishes to proffer are self-serving, after the fact, speculative and
hypothetical.
19. There was no environmental hard look, but rather an after-the-fact papering up of
deficiencies.
20. This was a clear violation of the environmental provisions of the Eminent Domain
Procedure Law §101 and hearing provisions of the Eminent Domain Procedure Law §201and
Article 8 of the Environmental Law.
21. The hearing notices and hearings were totally devoid of any notice, discussion or evidence
regarding impact on the environment or the neighborhood. This, of course, explains why the
May 10, 2005 determination and findings 1 4, attached, spoke about the benefits to the
Respondent (Condemnor), but totally ignored the impact on the environment.
22. This was a clear violation of the environmental provisions of the Eminent Domain
Procedure Law §101 and hearing provisions of the Eminent Domain Procedure Law §201, the
determination and findings provisions of Eminent Domain Procedure Law §204 (B)(3) and
Article 8 of the Environmental Law.
EMINENT DOMAIN PROCEDURE LAW §207(C) (4)
PUBLIC PURPOSE NOT PROVEN
23. In all of the above, see 1 5-19 supra, the public purpose proof of the Respondent
(Condemnor) is whole cloth and a sham covering a private/political purpose/favoritism. The
Town Attorney's conclusory statements proffered at the hearings, unsupported by a facilities
plan, a needs analysis (Departments were not queried on their needs), Planning Board analysis,
comprehensive plan or a financial plan, is smoke.
EMINENT DOMAIN PROCEDURE LAW §207(C) (1)
CONSTITUTIONAL VIOLATIONS
22. In all of the above, see 1 5-19 supra, the Respondent (Condemnor) violated the Petitioners'
constitutional due process, equal protection and just compensation rights.
NO PRIOR PROCEEDINGS
23. No previous application for the same or similar relief has been made.
BAD FAITH
24. The Respondent (Condemnor) has refused to negotiate in good faith (this is the only hostile
condemnation in Southold Town's 350 year history), and the Supervisor has refused all requests
for negotiations since December 2004, thus necessitating the commencement of the within
proceeding. Granting the relief requested herein would allow the Town Board to reconstitute,
regroup, right itself and proceed properly in the public interest under new leadership.
EMINENT DOMAIN PROCEDURE LAW §207(A) DEMAND
25. An Eminent Domain Procedure Law §207(A) Demand is being served simultaneously
herewith.
WHEREFORE, Petitioners respectfully ask that this honorable court grant an order
pursuant to Eminent Domain Procedure Law, §207 (C)(1)(3)(4) rejecting the Respondent's
(Condemnor's) Determination and Findings dated May 10, 2005 and published May 26, 2005 on
the grounds that : (1) the Respondent's (Condemnor's) Determination and Findings. dated May
10, 2005 and published May 26, 2005 were not made in accordance with procedures set forth in
the Eminent Domain Procedure Law and with Article eight of the environmental conservation
law, and (2) a public use, benefit or purpose will not be served by the proposed acquisition and,
(3) the proceeding was not in conformity with the federal and state constitutions and, (4)
together with such other and further relief as the court may deem just and equitable.
Dated: East Hampton, New York
June 10, 2005
Yours, etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 1 1 97 1-0959
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14/06 105 TUE 15:12 FAX 631 76 145 SOUTHOLD TOWN CLERK 16007
50UTyo
ELIZA13ETH A. NEVILLE �0 �Q Town Hall, 53095 Main Road
TOWN CLERK P.O.Box 1179
REGISTRAR OF VITAL STATI:S'I'ICS N ae Southold, New York 11971
MARRIAGE OFFICER , ® y0 Fax(631) 765.6145
RECORDS MANAGEMENT OFFICER Telephone (831) 76,5-1800
FREEDOM OF INFORMATION OFFICER pyCOU�y�1�� southoldtown_northrork.net•
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY TIiAT THE FOLLOWING RESOLUTION NO. 293 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, upon due notice the Town Board of the Town of Southold held public
hearings pursuant to Article 2 of the New York State Eminent Domain, Procedure Law on
January 5, 2005 and April. 19, 2005 at the Town Hall with respect to the proposed acquisition of
premises located in the hamlet of Southold and lying east of Horton's Lane and north of the
location of the existing Town Hall facility, comprising the eastern portion (approximately one-
half) of premises reputed to be owned by George and Margaret Stankevich, identified on the
Suffolk County Tax Map as District 1000, Section 61,Block 1, Lot 3, to inform the public and to
review the public use to be served by the acquisition and to review the impact of the acquisition
on the community;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold makes the following Findings and Determination:
FINDINGS AND DETF,RMINATiON
1. The acquisition will benefit the public, in that the space available in the existing
Town Hall is insufficient to serve the general public needs of the community, in that existing
offices are overcrowded, basement areas of the existing Town Hall that ware not designed for
this type of occupancy are being used for office space for date processing, maintenance, and
Town Clerk staff, existing records and vault storage is inadequate, expansion of the existing
Town Hall building would not create sufficient space, and the large expense required to
rehabilitate the existing building to provide space that would remain insufficient, would be an
inappropriate use of public funds, and the temporary relocation of certain Town offices to the
"Bank Annex" provided only a short-term and partial solution to the problems created by the
insufficiency of space in the existing Town Hall facility.
2. The acquisition will be for the purpose of providing area for the expansion and
reconstruction of the Town Hall facility in Southold.
14/06 '05 TUE 15:12 FAX 601 76 45 SOUTHOLD TOWN CLERK U 008
3. The approximate location for the proposed public project and the reasons for the
selection of that location are:
a. The approximate location for the proposed public project is 0.471 acres or
20,514 square feet, more or less, lying east of Horton's Lane and north of
the location of the existing Town Hall facility;
b. This location was selected for the project because of its area and
contiguity to the existing Town Hall facility.
4. The proposed project will have the following general effect ou the environment and
residents of the locality:
-, a. The proposed project will include the construction of offices and related
yt> facilities,including parking, for use by Town employees and the public;
b. Among other things, the proposed project will provide improved public
/ access to Town employees and officials, improved working conditions for
( Town employees and off eials, and increased storage for Town records.
5. The acquisition has been determined by the Town Board of the Town of Southold to
be a Type I Action under the State Environmental Quality Review Act as supplemented by
Chapter 44 of the Code of the Town of Southold.
6, That on May 10, 2005 the Town Board of the Town of Southold adopted a
determination that the acquisition would not have a significant impact on the environment; and
be it further
RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of
these Findings and Determination published in two (2), successive issues of The Traveler
Watchman commencing on May 19, 2005, and in five (5) successive issues of Newsday
commencing on May 16, 2005; and to mail a copy of this Findings and Determination to George
and Margaret Stankevich by certified mail,return receipt requested, and be it further
RESOLVED, that the Supervisor is authorized and directed to execute any documents
and to pay any and all reasonable survey, title prorated tax, and recording charges, as may be
necessary to effect the condeDnnation; and be it further
RESOLVED, that the monies to be expended for the purchase of the property shall be
drawn from the Town of Southold Capital Fund; and be it father
• 14/06 '05 TUE 15:12 FAX 631 75 45 SOUTHOLD TOWN CLERK . la009
RESOLVED,that the Town Clerk is hereby directed to forward copies of this resolution
and the attached notice to:
Town Attorney Patricia Finnegan
Michael Rikon, Special Counsel, Goldstein, Goldstein, Rikon& Gottlieb, P.C.
Dated: May 10, 2005
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND
FINDINGS WHO WISHES TO .CHALLENGE AND SEEK JUDICIAL REVIEW
THEREOF MUST DO SO, IF AT ALL, BY FILING A PETITION, IN ACCORDANCE
WITH THE NEW YORK EMINENT DOMAIN PROCEDURE LAW, SECTION 207, IN
THE APPELLATE DIVISION, SECOND DEPARTMENT, 45 MONROE PLACE,
BROOKLYN, NEW YORK, NO LATER THAN THIRTY (30) DAYS AFTER
PUBLICATION OF THESE DETERMINATION AND FINDINGS, OTHERWISE ANY
SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED. THE
APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR
PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND THE OTHER
MATTERS SET FORTH IN THE NEW YORK EMINENT DOMAIN PROCEDURE
LAW, SECTION 207. ANYONE WISHING TO CHALLENGE THE DETERMINATION
AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY.
Elizabeth A.Neville
Southold Town Clerk
VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
I, George C. Stankevich, being duly sworn, say: I am a petitioner in the within
proceeding ; I have read the foregoing petition and know the contents thereof; and the same is true
to my own knowledge, except as to the matters therein stated to be alleged upon information and
belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters not
stated upon my own knowledge are as follows: Records and investigations.
/;ne
Sworn to before me on 1 Oth day
of June, 2005
2 _/A'5L�
otary lic
JANBT LOC14M
►sY Pdft sw.Of Nwrlak
ouwra�nauro�0a,�,
E+•oieneNowaL S
•� • .. r
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
----------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
Demand Pursuant to
EDPL§207(A)
-against- Appellate Division Ipdex No.:
- -`
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to Eminent Domain Procedure Law §207(A)
demand is made upon the Respondent (Condemnor) to file and deliver forthwith a copy of the
subject written transcript of the record of the proceedings before it and a copy of its determination
and findings dated May 10, 2005 and published May 26, 2005 with the above court, to wit, Clerk,
Supreme Court of the State of New York, Appellate Division: Second Judicial Department 45
Monroe Place, Brooklyn, New York 11201.
Dated; East Hampton, New York
June 10, 2005
You , etc.:
Qa�z�-
GEORGE C. 9TANKEVICH, ESQ.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
---------------------------------------------------------------x
GEORGE C. STANKEVICH and MARGARET A.
STANKEVICH, Petitioners
-against-
Appellate Division Index No.:
--------------------------------------
TOWN OF SOUTHOLD, Respondent
---------------------------------------------------------------x
----------------------------------------------------------------------------------------------------------------------
DEMAND ON CONDEMNOR (RESPONDENT) TO FILE
WRITTEN TRANSCRIPT OF RECORD OF PROCEEDINGS AND
COPY OF DETERMINATION AND FINDINGS
PURSUANT TO EMINENT DOMAIN PROCEDURE LAW §207(A)
---------------------------------------------------------------------------------------------------------------------
Dated: June 10, 2005
Yours, etc.:
GEORGE C. STANKEVICH, ESQ.
George Cochran Stankevich & Associates
74 Montauk Highway, Suite 22
East Hampton, New York 11937
(631) 329-0396
TO : PATRICIA A. FINNEGAN, ESQ.
Southold Town Attorney
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
A
upreme Cnunrt of tljr #ute a# Te£narh
1p ellute pibistnn : ,Seronbr Jnbirtul Department
Form A - Request for Appellate Division Intervention - Civil
See § 670.3 of the rules of this court for directions on the use of this form 122 NYCRR 670.31.
a.
If tlrifmhhint ,
GEORGE C. STANKEVICH and MARGARET A. STANKEVICH,
Petitioners
Du,Noeo of APpoW Fred
Ih:
-against-
TOWN OF SOUTHOLD, Respondent
❑CPLR article 78 Pior-eeding U Transferred Proceeding
Civil Action 0 Special Proceeding Other U Appeal ❑CPLR 5704 Review
❑CPLR article 75 Arbitration 0 Habeas Corpas Proreeding U Original Proceeding
•] 1 Freedom of Information Law J 1 Adoption U 1 Discipline CI 1 Assault, Battery, Falser
U 2 Human Rights U 2 Attorney's Fees J 2 Jail Time Calculation Imprisonment
'J 3 Licenses U 3 Children-Support J 3 Parole U 2 Conversion
LI 4 Public Employment J 4 Children -Custody;'Visitatlon J 4 Other J 3 Defamation
J 5 Social Services J 5 Children-Terminate Parent- U 4 Fraud
0 6 Other at Rights G. illileat,Property .,,:.° J 5 Intentional Infliction of
❑6 Children AbuseiNeglect 1 Condemnation Emotional Distress
l U 7 Children-JDfPINS J 2 Determine Title J 6 Interference with Contract:B,$ustn 4 0oww*tkq"[Pat
01 PartnershipiJoint Venture 08 Equitable Distribution -13 Easements 0 7 Malicious Prosecution/
L]2 Business U 9 Exclusive Occupancy o1 J 4 Environmental Abuse of Process
J 3 Religious Residence J 5 Liens U 8 Malpractice
04 Not-for Profit U 10 Expert's Fees J 6 Mortgage; ❑9 Negligence
U 5 Other U 11 Maintenance/Alimony J 7 Partition U 10 Nuisance
012 Marital Status J 8 Rent 0 11 Products Liability
C.C041rWi9tt� ery. `9 U 13 Paternity I J 9 Taxation ❑12 Strict Liability
J 1 Brokerage 0 14 Spousal Support J 10 Zoning U 13 Trespass and/or Waste
U 2 Commercial Paper U 15 Other J 11 Other ;]14 Other
3 Construction
4 Employment :E..MIsceNaaeous H. Statutory , "`•,tL'"� ; V 'tbfet`', "-
J 5 Insurance 0 1 Constructive Trust U 1 City of Mount Vernon I U 1 Accounting
O 6 Real Property U 2 Debtor & Creditor Charter §§ 120, 127-f, or 11.12 Discovery
U 7 Sales 133 Declaratory Judgment .KlEminent
129 U 3 Probate/Administration
J8 Secured ❑4 Election Law Domain Proced- I U 4 Trusts
139 Other J 5 Notice of Claim tire. law § 207 i U 5 Other
J 6 Other ❑3 General Municipal Law
§ 712
U 4 Labor Law § 220
❑5 Public Service Law §§ 128
or 170
0
U 6 Other >
Form A RADI- Civil
Paper Appealed From (check one only):
Z) Amended Decree Cl Determination U Order ❑ Resettled Order
❑ Amended Judgment ❑ Finding J Order&Judgment ❑ Ruling
lJ Amended Order U Interlocutory Decree J Partial Decree J Other(specify):
J Decision O interlocutory Judgment ❑ Resettled Decree
O Decree Q Judgment ❑ Resettled Judgment
Court: County:
Dated: i Entered:
Judge (name in full): Index No.:
Stage: J Interlocutory ❑ Final J Post-Final Trial: J Yes U No If Yes: D Jury J Non-Jury
y .,
�.. . .: Pnor Unperfebted_Appeal lnfortitntiat = 'rat
'f .""' . ` rh .
Are any unperfected appeals pending in this case? J Yes U No. If yes, do you intend to perfect the appeal or appeals
covered by the annexed notice of appeal with the prior appeals? J Yes J No. Set forth the Appellate Division Cause
Number(s) of any prior, pending, unperfected appeals:
Original
Commenced by: J Order to Show Cause Vid Notice of Petition J Writ of Habeas Corpus Date Filed: 6/10/05
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR :••
court: County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Porte Order
Court: County:
_..__..___— ---- _ ._ ._..._�---..--_.___._.
Judge (name in full): Dated
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested
and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to
CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of
the ex parte order to be reviewed.
Petition: for an order granting the following relief pursuant to Eminent Domain
Procedure Law, Section 207(C) (1) (3) (4)rejecting the Conddmnor's (Respondent's)
determination and findings dated March 29, 2005 and published May 26, 2005.
Amount: If an appeal is from a money judgment, specih, tiie amount awarded.
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review.
Issues Continued:
1 =a i; C§g M°omi B'Pur'Adtli4rioiiel A1pe11orfNati F i '
iMMAM
Party Information
Instructions: Fill in the name of each party to the action or proceeding,one Examples of a party's original status include: plaintiff, defendant,
name per line. If this form is to be filed for an appeal,indicate the status of the f elilioner, respondent, claimant, defendant third-party plaintiff, third-parry
pony in the court of original instance and his, her,or its status in this court, if defendant, and intervenor. Examples of a pany's Appellate Division status
any. If this form is to be filed for a proceeding commenced in this court, fill in include: appellant, respondent, appellant respondem, respondem-appellant,
only the party's name and his,her,or its status in this court petinorav,and intervenor.
No. Party Name Original Status Appellate Division Status
1 George C. Stankevich Petitioner
2 Margaret A. Stankevich Petitioner
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 - --
s .
a .
Mstrvcf fie: Fie in the names of the attorneys or firms of O"Wre ye for the provided.
respective parties. It this form is to be Sod with the notice of panition or order in the evert that a litigant ra0reorts herself or himself, the box
to show cause by which a special proceeding Is to be commenced in the marked "Pro Sam must be checked and the aopropdete information for that
Appellate Division, only the tame of the attomay for the petitioner need be litigant must be supplied in the spaces provided.
Attorney/Firm Name: George C. Stankevich, Esq. _
Address: — 74 Montauk Bighway, Suite 22
City: East-Hampton, State_Ny ZiP:11937 Telephone No.:(631)329-03 6
Attorney Type: H] Retained ❑ Assigned U Government ❑ Pro Se O Pro Hac Vice
Party or Parties Represented (set torts party numl whi from table above or from rrorm C): P 1 I N IC$ I
Attorney/Firm Name: Patricia A. Finnegan, Esq. , Southold Town Attorney
Address: P.O. Box 1179, Southold New York 11971
City: State: Zip: Telephone No.:(631)765_1939
Attorney Type: O Retained U Assigned -jJ Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth pain numbedst from sae above or from Farm cl: OAS E
Attorney/Firm Name:
Address:
-----
City: State: Zip: Telephone No.:
Attorney Type: O Retained U Assigned U Government U Pro Se O Pro Hac Vice
Party or Parties Represented feet tarts party numbmisi from table above or from Form CI:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No.:
Attorney Type: U Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (act forth party numbensl from table above or from Form Cl:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No.:
Attorney Type: ❑ Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth Party numberlsl from table above or from Form Cl: j
Attorney/Firm Name:
Address: --
City: State: Zip: Telephone No.:
-----.._-------
Attorney Type: U Retained Cl Assigned U Government ❑ Pro Se O Pro Hac Vice
Party or Parties Represented not form party rmmbmisi from table above or from Form C)l
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OL" r6 3-10,329.0,396 5M �63 d 329. 0 398
June 10, 2005
Motions Department
Supreme Court, State of New York
Appellate Division, Second Department
45 Monroe Place
Brooklyn, New York 11201
Re: Stankevich v. Town of Southold
Index No.
Dear Sirs:
This is a special proceeding pursuant to Eminent Domain Procedure Law, §207. We are
filing herewith the following original documents:
1. Notice of Petition
2. Verified Petition
3. Request for Appellate Division Intervention (RADI)
4. EDPL §207(A) Demand
5. A$315.00 filing fee check
I will call you in several days in order to get the Index Number, so that I can serve the
Notice of Petition, Verified Petition and Demand upon the Respondent promptly and before the
end-of-this-month deadline. Please call me (631) 329-0396 if I can be of further assistance.
Sincerely yours,
George C. Stankevich
cc: Patricia A. Finnegan, Esq.
Southold Town Attorney
l 1 IM'&, . • Or.9'..4 .JV W.A /00/9 •-W(63/J 899.6096 -5M.(63/J3990398
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069..5uva,-01Q 9&a4 //96YX r68/�399-0396 •A. (630899 a398
PATRICIA A. FINNEGAN • �FFU( FOSHUA Y. HORTON
TOWN ATTORNEY �CO Supervisor
patricia.finnegan@town.southold.ny.us ��� n
KIERAN M. CORCORAN y Town Hall Annex, 54375 Route 25
P.O. Box 1179
ASSISTANT TOWN ATTORNEY y. Southold, New York 11971-0959
kieran.corcoran@town.southold.ny.us Gy ♦ �'F
�Oj �a� Telephone (631) 765-1939
LORI HULSE MONTEFUSCO
Facsimile (631) 765-6639
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 15, 2005
Michael Rikon, Esq.
Goldstein, Goldstein, Rikon & Gottlieb, P.C.
80 Pine Street
New York, NY 10005-1702
Re: Eminent Domain Proceeding
Dear Mr. Rikon:
With respect to the referenced matter, I enclose copies of the following:
1. Proofs of Publication from the Traveler Watchman and Newsday,
2. Affidavit of Service of William R. Smith, sworn to May 19, 2005, regarding
Resolution No. 293 of 2005; and
3. Certified mailing receipts regarding Resolution Nos. 291, 292 and 293 of
2005;
If you have any questions or require anything further, please do not hesitate to
call me.
V t .ly yours,
P tricia . inn ga
T wn Att ey
PAF/Ik
Enclosures
cc: Members of the Town Board (w/o encls.)
Ms. Elizabeth Neville, Town Clerk (w/o encls.) tll�
M
LEGAL NOTICE
PUBLIC NOTICE
Pursuant to Article 2 of the
New York State Eminent
Domain Procedure Law, public 11971-0959.
hearings having been held on A synopsis of the Findings and r
January 5, 2005 and April 19, Determination is as follows: COUNTY OF SUFFOLK
2005, with respect to the pro- 1. The acquisition of the prop- STATE OF NEW YORK ss;
fused acquisition of premises erty will benefit the public and
ocated in the hamlet of willl be for the public purpose of Nancy M. Mclaughlin, being duly
Southold, Town of Southold, providing sufficient area for al the sworn, says that She is the Le and to inform the public and to expansion and reconstruction of g
review the public use to be the Town Hall facility. Advertising Coordinator, of the Traveler
served by the acquisition and to 2.The approximate location of p newspaper Watchman, a public news a er rinted
review the impact of the acquisi. the property to be acquired and p
tion on the community; the reason for the selection of at Southold, in Suffolk County; and that
On May 10, 2005, the con- that location are: the notice of which the annexed is a
demnor made its Findings and a.The approximate location
i Determination based on the for the proposed project is 0.471 printed copy, has been published in said
hearing. A copy of the Findings acres or 20,154 square feet, Traveler Watchman once each week
and Determination will be for- more or less, lying east of
warded to an interested person Horton's Lane and north of the for.... ....week s
Y p P , O successively,
request to the Clerk of the Town Hall Facility,and comprises commencing the.....�7,,.„,..day of
without cost upon written location o the existing own
of Southold, 53095 Route 25, eastern portion (approximately /J.1•1 2005
P.O. Box 1179, Southold, NY one-half) of the remises reput-
ed p ....
to be owned by George
Margaret Stankevich, identified I�t.�•••[.& (••,; CZ L
on the Suffolk County Tax Map
as District 1000, Section 61,
Block 1,Lot 3.
b.This location was select-
ed because of its area and conti-
guity to the existing Town Hall Sworn to b fore me this..../.`..day of
Facilityty. .......` .. ......., 2005.
3. The pro osed project will
have the following general
effect on the environment and
residents of the locality:
a. The proposed project 7 `•� • ••e <rr�
will include the construction of Notary Public
offices and related facilities,
including parking, for use by
Town employees and the public;
b.Among other things,the Emily Hamill
proposed pro ect will provide NOTARY PUBLIC,State of New York
improved pubic access to Town No.01 HA5059984
employees and officials, Qualified in Suffolk County
improved working conditions Commission expires May 06,z006
for Town employees and offi-
cials, and increased storage for
Town records.
4.This public acquisition proj-
ect has been determined by the
Town Board of the Town of
Southold to be a Type 1 Action
under the New York State
Environmental Quality Review
Act as supplemented by Chapter
44 of the Code of the Town of
Southold. On May 10,2005 the
Town Board of the Town of
Southold adopted Resolution
#292,which determined that the
proposed project will not have a
significant impact on the envi-
ronment.
Dated: Southold,New York
March 29,2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
2X 5/19. 5/26/05(795)
rrr
Legal Notice 13726541
LEGALNOTICE
PUBLICNOTICE
Pursuant to Article 2 of the
New York State Eminent Do-
main Procedure Law, public
hearings M1avm9g been held on
January 5.2005 and April 19,
2005,wlto respell to InQ pro-
Pocstbead acquisltlon f premises
art
In the hamlet of Sout-
hold,Town of Southold and to
thiM1e no the public and to review
public use to be served by
the acquisition and to review the
impact of the acquisition on the
community;
May 10,2005,the con-
demnor made 10 Findings and
Determination based on the
hearing A copy of the Findings
and Determination will be for-
warded to any interested per-
son without cast upon written
rgqest to the Clerk of the Town
of 5 nth.ld,53095 Route 25 P
O. Be. tt79, Southold, W
11971-0959,
A synopsis of the Findings
and Determinatton is as follows:
1. The acquisition of the
property ill benefit the public
anE will be for the uldho our-
mbseof Brovidinosulmcent area
r 111e ter'sbn and .an-
stmctlbn of the Town Hall facili-
2.The appro-mate location
off the property he acquired
and the reason for
the selection
of that location are:
a. The ropro-mate location
is
for the proposed pp jsqu is
feet, oeacres or s, yr asquare
teem more n less,Ino east of
Horttion Lane and north of the
location of the m Town
an comprises
Hall Facility,and compri sna the
eastern portion promises mput-
a ahal0 o assthe by is and
a m d owned by George flea
Mar�garet StankancM1,Idenllfle0
on Mazda
County Tat,M
as District 1000, SfC11on e aoo,
Block 1,Lot 3.
b.This location was selected
because of its area and wnliggu
ity my the.-sting Town Hall Fa-
h 3.The ropoaetl project will
have me mellowing
led on me environmentnment and
residents ofproposed
Isealily:
a.The pconsted mlof will
include the t construct onof cfflc-
es and related facilities,use in lud-
own
q arking, for use by Town
empPoyees and the public,
In. Among other ihlnpr the
Prorosetl project will provide
mproved publicsdaun access to Town
employers antl officials, im-
pown working conditions for
Town employees and officials,
and increased storage for Town
records
d.This public acquisition determined
b pro-
acthasbarn of the
the
Sown Board of ine Town of
Southold to be a Type 1 Action
underthe New Yad SheriAct
ronmental Oualily Review Act
ease pplemanletl DV Chapter"
of the podecline Tawn of Sbut-
hold On May 10, 2005 the
Town Board of the Town of
Southold adopted Resolution
#292,which determined that the
proposed project will not have a
a ginficant Impact on the envy
moment.
Dated.Southold,New York
March 29,2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
ELIZABETH NEVILLE
TOWNCLERK
NEWSDAY PROOF
Customer:TOWN OF SOUTHOLD Contact: LYN BOHN Phone:6317651800
Ad Number: 13726541 Start Date:05/16/2005 End Date:05/20/2005 Times:5
Price: $1580.35 Size: 1 x 100 Section:CL Class:9000
Printed By: Date:05/13/2005
Signature of Approval: Date:
Zones: SO
NEWSDAY
AFFIDAVIT OF PUBLICATION
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971-0959
STATE OF NEW YORK) Legal 13726541
:SS.:
COUNTY OF SUFFOLK)
Kathy Sullivan
of Newsday, Inc., Suffolk County, N.Y., being duly sworn, 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/
counties of said newspaper on the following dates:
TUESDAY MAY 17 2005 Suffolk
MONDAY MAY 16 2005 Suffolk
WEDNESDAY MAY 18 2005 Suffolk
FRIDAY MAY 20 2005 Suffolk
THURSDAY MAY 19 2005 Suffolk
Sworn To Before Me This
20 day May 2005
Notary Public
Guy P.Wasser
Notary Public,State of New York
No.OIWA6045924
Commission Expires 08/07/2006
Qualified in Suffolk County
cam"
i a . •
org SO�jyol
ELIZABETH A. NEVILLE O Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS G Q Southold, New York 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS
FREEDOM O MANAGEMENT ORMATION OFFICER Telephone
southo dtown.nor hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 13, 2005
Michael Rikon, Esq
Goldstein, Goldstein, Rikoon & Gottlieb, P.C.
80 Pine Street
New York, NY 10005-1702
Dear Mr Rikon:
Enclosed find copies of the letter that were sent to Mr&Mrs Stankevich, along with
copies of the certified receipts.
If you require anything else for your files, please contact me at the Southold Town
Clerk's office.
Very truly yours,
V Y
Lynda M Bohn
Deputy Town Clerk
Enc.
Cc: Town Attorney
pF SOpryo�/"-
ELIZA13ETH A. NEVILLE h� C! Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold,New York 11971
MARRIAGE OFFICER er��f,� �OAv Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER �OUNI'1, ` southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 13, 2005
CERTIFIED MAIL
Registered receipt
Mr. &Mrs. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton,NY 11937
Dear Mr. &Mrs. Stankevich:
Please be advised that the Southold Town Board adopted resolution numbers 291 and 292 at
their regular meeting on May 10, 2005 with regard to the eminent domain proceeding relating to
the property located on Horton's Lane in Southold. Copies of these certified resolutions are
enclosed.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Encs
Cc: Town Attorney
Goldstein, Goldstein, Rikon& Gottlieb, P.C.
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ELIZABETH A. NEVILLE �� C! Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS w Southold, New York 11971
MARRIAGE OFFICER • Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER C(7 , southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 13, 2005
CERTIFIED MAIL
Registered receipt
Mr. &Mrs. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton,NY 11937
Dear Mr. &Mrs. Stankevich:
Please be advised that the Southold Town Board adopted resolution number 293 at their regular
meeting on May 10, 2005 with regard to the eminent domain proceeding relating to the property
located on Horton's Lane in Southold. A copy of this certified resolution is enclosed.
Also enclosed find a copy of the legal notice that will be published in two (2) consecutive issues
of the Traveler Watchman newspaper, starting May 19, 2005 and for five(5)consecutive issues
of the Suffolk edition of the Newsday. The Notice will also be posted on the Town website.
Very truly yours,
rn
Lynda M Bohn
Deputy Town Clerk
Encs
Cc: Town Attorney
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LEGAL NOTICE
PUBLIC NOTICE
Pursuant to Article 2 of the New York State Eminent Domain Procedure Law,public
hearings having been held on January 5, 2005 and April 19, 2005, with respect to the
proposed acquisition of premises located in the hamlet of Southold,Town of Southold, and
to inform the public and to review the public use to be served by the acquisition and to
review the impact of the acquisition on the community;
i
On May 10,2005,the condemnor made its Findings and Determination based on the
hearing. A copy of the Findings and Determination will be forwarded to any interested
person without cost upon written request to the Clerk of the Town of Southold,54375 Route
f 25,P.O. Box 1179, Southold, NY 11971-0959.
A synopsis of the Findings and Determination is as follows:
1. The acquisition of the property will benefit the public and will be for the
public purpose of providing sufficient area for the expansion and
reconstruction of the Town Hall facility.
2. The approximate location of the property to be acquired and the reason for
the selection of that location are:
a. The approximate location for the proposed project is 0.471 acres or
20,154 square feet, more or less, lying east of Horton's Lane and
north of the location of the existing Town Hall Facility, and
comprises the eastern portion (approximately one-half) of the
premises reputed to be owned by George and Margaret Stankevich,
identified on the Suffolk County Tax Map as District 1000, Section
61, Block 1, Lot 3.
b. This location was selected because of its area and contiguity to the
existing Town Hall Facility.
3. The proposed project will have the following general effect on the
environment and residents of the locality:
a.. The proposed project will include the construction of offices and
related facilities, including parking, for use by Town employees and
the public;
b. Among other things, the proposed project will provide improved
public access to Town employees and officials, improved working
conditions for Town employees and officials, and increased storage
for Town records.
4. This public acquisition project has been determined by the Town Board of the
Town of Southold to be a Type I Action under the New York State
Environmental Quality Review Act as supplemented by Chapter 44 of the
Code of the Town of Southold. On May 10, 2005 the Town Board of the
Town of Southold adopted Resolution #292, which determined that the
proposed project will not have a significant impact on the environment.
Dated: Southold, New York
March 29, 2005
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
PLEASE PUBLISH AS FOLLOWS:
(a) in two successive issues of The Traveler- Watchman, commencing on
Thursday, May 19, 2005; and
(b) in five (5) successive issues of Newsday, commencing on May 16, 2005.
PLEASE FORWARD TWO (2) AFFIDAVITS OF PUBLICATION FOR EACH
NEWSPAPER TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.
O. BOX 1179, SOUTHOLD, NY 11971-0959
Copies to the following:
The Traveler Watchman Town Board Members
Newsday Accounting
Town Attorney George and Margaret Stankevich
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the day of 2005, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
Public Notice: Eminent Domain
Elizabeth A. Neville
Southold Town Clerk
Sworn before me this
day of 2005.
Notary Public
s
F r • •
SOUTy�
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK * * P.O. Box 1179
REGISTRAR OF VITAL STATISTICS G Q Southold, New York 11971
MARRIAGE OFFICER • YQ Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER y Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER COUNT` 1 southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 11, 2005
Michael Rikon, Esq.
Goldstein, Goldstein, Rikon &Gottlieb, P.C.
80 Pine Street
New York, New York 10005-1702
Dear Mr. Rikon,
Please be advised that the Southold Town Board adopted resolution numbers 291, 292
and 293 at their regular meeting last night with regard to the eminent domain proceeding
relating to the property of George C. &Margaret A. Stankevich.
I am enclosing certified copies of these resolutions for you.
Very truly yours,
U
izabeth A. Nevil e
Southold Town Clerk
cc: Supervisor& Town Board
Town Attorney
.r •
SOpj�o
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK * # P.O. Box 1179
REGISTRAR OF VITAL STATISTICS co Southold, New York 11971
MARRIAGE OFFICER �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone
31)
FREEDOM OF INFORMATION OFFICER o�ycown southo dtownenor hfork.00t
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 291 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain
proceeding, which would result in the acquisition of 0.47X acre of an overall 1.0f-acre,partially-
improved property(hereinafter the "260 Hortons Lane property"), which adjoins the existing
Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons
Lane, such that a new Town Hall Complex could be developed; and
WHEREAS, the acquisition of the subject 0.47 acre of property and the development of the new
Town Hall Complex would allow the consolidation of all Town of Southold offices on one site,
as several Town offices cannot be accommodated in the existing Town Hall building due to
space constraints; and
WHEREAS, the development of the new Town Hall Complex would include (a) the relocation
of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the
development of a 24,901f-square-foot Town Hall building, (c) the demolition of a portion of the
existing 11,391-square-foot Town Hall building (approximately 4,801 square feet) and the
renovation of the remaining building area(approximately 6,590 square feet) to accommodate the
Justice Court, and (d) the development of associated parking, sanitary facilities, drainage
facilities and other appurtenances; and
WHEREAS, pursuant to 6 NYCRR §617.4, the action has been preliminarily determined to be
classified as "Type I"; and
WHEREAS,pursuant to 6 NYCRR §617.6(b)(3), the Town Board undertook coordinated
review of the action with involved agencies; and
WHEREAS, no objections were received from the involved agencies as to the Town Board
serving as the lead agency in this matter;
THEREFORE BE IT RESOLVED, that the Town Board hereby designates itself as lead
agency pursuant to the implementing regulations of the State Environmental Ouality
Review Act, specifically 6 NYCRR 4617.6(b)(2) and (3),with respect to the above-described
proposed action.
2,10;4&
Elizabeth A. Neville
Southold Town Clerk
pfr SO(/rho
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK # P.O. Box 1179
REGISTRAR OF VITAL STATISTICS N ac Southold, New York 11971Fax (631) 765-6145
MARRIAGE OFFICER % ,O
RECORDS MANAGEMENT OFFICER Telephone (631)
FREEDOM OF INFORMATION OUMA ION OFFICER Owl
southo dtown nor hfork 00t
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 292 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain
proceeding, which would result in the acquisition of 0.47 acre of an overall 1.0t-acre, partially-
improved property (hereinafter the "260 Horton Lane property"), which adjoins the existing
Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons
Lane, such that a new Town Hall Complex could be developed; and
WHEREAS, the acquisition of 0.47 acre of property and the development of the new Town Hall
Complex would allow the consolidation of all Town of Southold offices on one site, as several
Town offices cannot be accommodated in the existing Town Hall building due to space
constraints; and
WHEREAS, the development of the new Town Hall Complex would include (a) the relocation
of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the
development of a 24,901t-square-foot Town Hall building, (c) the demolition of a portion of the
existing 11,391-square-foot Town Hall building (approximately 4,801 square feet) and the
renovation of the remaining building area (approximately 6,590 square feet) to accommodate the
Justice Court, and (d) the development of associated parking, sanitary facilities, drainage
facilities and other appurtenances; and
WHEREAS, the Town Board of the Town of Southold, subsequent to conducting a coordinated
review, has designated itself lead agency pursuant to the implementing regulations of the State
Environmental Quality Review Act("SEQRA"), specifically 6 NYCRR §617.6(b)(2) and (3);
and
WHEREAS, the Town Board of the Town of Southold, as lead agency, has received and
reviewed Parts 1, 2 and 3 o f the Environmental Assessment Form ("EAF") for the proposed
acquisition of 0.47 acre of property and redevelopment of the Town Hall Complex (prepared by
Freudenthal & Elkowitz Consulting Group, Inc., on behalf of the Town Board of the Town of
Southold), the associated plans, the State and National Registers of Historic Places, the Traffic
Impact Study(prepared by L.K. McLean Associates, P.C.), correspondence from the New York
State Office of Parks, Recreation and Historic Preservation, and associated documents, and the
Town Board of the Town of Southold fully familiar with the proposed project, the affected
property, and the aforesaid materials; and
WHEREAS, the Town Board of the Town of Southold, as lead agency, has thoroughly
evaluated the aforesaid EAF and agrees with the content thereof,
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold, as lead
agency for the action contemplated herein, after review of the proposed action, 6 NYCRR Part
617, the aforesaid documents and the record before the Board, hereby determines that the above-
described project is a"Type P'action, pursuant to 6 NYCRR §617.4; and
BE IT FURTHER RESOLVED, that based upon the information contained in the aforesaid
documents and the record before it, the Town Board of the Town of Southold, as lead agency for
the action contemplated herein, and after due deliberation, review and analysis of the proposed
plan, the EAF, and the criteria set forth in 6 NYCRR §617.7, hereby determines that the
proposed action will not have a significant adverse impact on the environment, and thus,
preparation of an environmental impact statement is not required; and
BE IT FURTHER RESOLVED, that, based on the foregoing, the Town Board of the Town
of Southold, as lead agency, hereby adopts the annexed "Negative Declaration."
Elizabeth A. Neville
Southold Town Clerk
•
SO�lyo
ELIZABETH A. NEVILLE h0 lQ Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS N Southold, New York 11971
MARRIAGE OFFICER �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Oly Telephone (631) 765-1500
FREEDOM OF INFORMATION OFFICER Cow, southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 293 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 10, 2005:
WHEREAS, upon due notice the Town Board of the Town of Southold held public
hearings pursuant to Article 2 of the New York State Eminent Domain Procedure Law on
January 5, 2005 and April 19, 2005 at the Town Hall with respect to the proposed acquisition of
premises located in the hamlet of Southold and lying east of Horton's Lane and north of the
location of the existing Town Hall facility, comprising the eastern portion (approximately one-
half) of premises reputed to be owned by George and Margaret Stankevich, identified on the
Suffolk County Tax Map as District 1000, Section 61, Block 1, Lot 3, to inform the public and to
review the public use to be served by the acquisition and to review the impact of the acquisition
on the community;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold makes the following Findings and Determination:
FINDINGS AND DETERMINATION
1. The acquisition will benefit the public, in that the space available in the existing
Town Hall is insufficient to serve the general public needs of the community, in that existing
offices are overcrowded, basement areas of the existing Town Hall that were not designed for
this type of occupancy are being used for office space for date processing, maintenance, and
Town Clerk staff, existing records and vault storage is inadequate, expansion of the existing
Town Hall building would not create sufficient space, and the large expense required to
rehabilitate the existing building to provide space that would remain insufficient, would be an
inappropriate use of public funds, and the temporary relocation of certain Town offices to the
"Bank Annex" provided only a short-term and partial solution to the problems created by the
insufficiency of space in the existing Town Hall facility.
2. The acquisition will be for the purpose of providing area for the expansion and
reconstruction of the Town Hall facility in Southold.
3. The approximate location for the proposed public project and the reasons for the
selection of that location are:
a. The approximate location for the proposed public project is 0.471 acres or
20,514 square feet, more or less, lying east of Horton's Lane and north of
the location of the existing Town Hall facility;
b. This location was selected for the project because of its area and
contiguity to the existing Town Hall facility.
4. The proposed project will have the following general effect on the environment and
residents of the locality:
a. The proposed project will include the construction of offices and related
facilities, including parking, for use by Town employees and the public;
b. Among other things, the proposed project will provide improved public
access to Town employees and officials, improved working conditions for
Town employees and officials, and increased storage for Town records.
5. The acquisition has been determined by the Town Board of the Town of Southold to
be a Type I Action under the State Environmental Quality Review Act as supplemented by
Chapter 44 of the Code of the Town of Southold.
6. That on May 10, 2005 the Town Board of the Town of Southold adopted a
detennination that the acquisition would not have a significant impact on the environment; and
be it further
RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of
these Findings and Determination published in two (2) successive issues of The Traveler
Watchman commencing on May 19, 2005, and in five (5) successive issues of Newsday
commencing on May 16, 2005; and to mail a copy of this Findings and Determination to George
and Margaret Stankevich by certified mail, return receipt requested, and be it further
RESOLVED, that the Supervisor is authorized and directed to execute any documents
and to pay any and all reasonable survey, title prorated tax, and recording charges, as may be
necessary to effect the condemnation; and be it further
RESOLVED, that the monies to be expended for the purchase of the property shall be
drawn from the Town of Southold Capital Fund; and be it further
•
RESOLVED, that the Town Clerk is hereby directed to forward copies of this resolution
and the attached notice to:
Town Attorney Patricia Finnegan
Michael Rikon, Special Counsel, Goldstein, Goldstein, Rikon& Gottlieb, P.C.
Dated: May 10, 2005
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
ELIZABETH NEVILLE
TOWN CLERK
ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND
FINDINGS WHO WISHES TO CHALLENGE AND SEEK JUDICIAL REVIEW
THEREOF MUST DO SO, IF AT ALL, BY FILING A PETITION, IN ACCORDANCE
WITH THE NEW YORK EMINENT DOMAIN PROCEDURE LAW, SECTION 207, IN
THE APPELLATE DIVISION, SECOND DEPARTMENT, 45 MONROE PLACE,
BROOKLYN, NEW YOM NO LATER THAN THIRTY (30) DAYS AFTER
PUBLICATION OF THESE DETERMINATION AND FINDINGS, OTHERWISE ANY
SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED. THE
APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR
PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND THE OTHER
MATTERS SET FORTH IN THE NEW YORK EMINENT DOMAIN PROCEDURE
LAW, SECTION 207. ANYONE WISHING TO CHALLENGE THE DETERMINATION
AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY.
T----
Elizabeth A. Neville
Southold Town Clerk
May 04 OS 10: 01a .P • 1
0 Sup
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May 3, 2005 RECEIVED
Southold Town Board
Southold Town Hall MAY 4 20
Main Road
Southold, New York 11971
Southold Town Clerk
Re: Proposed Horton's Lane Condemnation
Dear Sirs:
Rather than curing the defects of the January 5, 2005 Condemnation Hearing, the April 19,
2005 Hearing repeated and compounded the same errors:
Both hearings ignored the public interest in informed participation, planning and
evaluation of environmental impact, in violation of Eminent Domain Procedure Law 101, 201 by
proceeding in haste before the Elkowitz SEQRA Report and Given appraisal, commissioned by the
Town, were completed and submitted to the public for discussion.
• Both hearings ignored the landowners' interest in just compensation, fair settlement and
equal treatment guaranteed by Eminent Domain Procedure Law 101, 301 by proceeding on the
detective Stype appraisal which failed to consider severance and consequential damages as required
by Eminent Domain Procedure Law 303.
• Both hearings failed to discuss with the public the alternative locations which it
considered at the Southold Savings Bank, Youngs Avenue Data Processing Center, Peconic School
and Greenport.
• The defective first hearing cannot be cured by the defective second hearing, nor by yet
another one. Amendment, not a new hearing, is the cure called for under Eminent Domain
Procedure Law 205.
• 1 was stunned to hear that after the failed Whitaker Condemnation was abandoned,
Eminent Domain Procedure Law 406 was not followed and the property was not offered back to its
original owner, who was victimized.
Not hearing from you, again 1 would like to meet with you at your earliest convenience in
order to discuss the new appraisal and other developments, such as referring this matter to the
Hamlet Study Committee and Planning Board and creating a site search committee to reach out to
the community in order to make well-planned decisions.
Si erely yo rs,
eorg tankevi-
Documents submitted to Town Board by
George Stankevich at
April 19, 2005 Eminent Domain Public Hearing
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PRIVATE NOTICE
PLEASE TAKE NOTICE that our headstrong outgoing Supervisor is intent on wreaking as
much havoc as possible on Southold Hamlet before his retirement by continuing to insist on the
construction of a criminal/civil court edifice on Horton's Lane between
Railroad and Main Roads concentrating criminals and traffic in that beautiful hamlet setting without
referring this monstrous plan to the Planning Board for review.
If you live on Hortons lane or in the hamlet and are interested in this issue, please attend
Public Hearing at Southold Town Hall on Tuesday, Aril 19, 2005at 2:00 P.M..
You may want to ask for answers to the following questions:
1. Why hasn't he referred this matter to the Planning Board for review?
2. Why hasn't his Planning Board Chairman accepted the responsibility?
3. Why have other site location negotiations failed? Isn't it time for him to step back and
appoint an official site location committee?
4. Who's getting the no-bid contracts for this fiasco?
5. Now that he is quitting, what is his next career opportunity?
6. Why did he try to ram this through in January, without SEQRA, comprehensive
appraisals or environmental/neighborhood impact statements? Did he know he was quitting then?
Where is the missing appraisal? Is this sloppy or premeditated?
7. What's the rush to sink millions of taxpayer dollars into this boondoggle?Who is it going
to be named after?
JJ cerely yours,
.A gGeorr(i Ctml�
George C tankevich
•
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January 19, 2005
Hon. Elizabeth A. Neville, Southold Town Clerk
Southold Town Hall
Main Road
Southold,New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Betty:
Please distribute copies of my enclosed letter to Josh and hearing transcript to the town
board, the planning board and the planning department.
We would like to appear at the next work session of the town board in order to discuss this
matter.
Sinc ely y urs,
eorge . Starke ch
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January 19, 2005
Hon. Joshua Y. Horton
Southold Town Supervisor
Southold Town Hall
Main Road
Southold, New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Josh:
Have you abandoned your "condemn first and plan last" policy trumpeted in last week's
newspapers by initiating a top down review of the Town's options or are the outside experts you
hired yesterday ringers papering up your preconceived edifice complex?Perhaps it would be useful
to rely upon the local knowledge of Southold Town assessors,building,highway,historian,human
services, justice, land preservation, planning, police, recreation, clerk, trustee and zoning
departments?Isn't it time to get the neighbors,the public,business and civic associations,historical
and environmental groups involved? Don't we need a new master plan or at least a town public
facilities plan?
Historically and geographically, Southold Town governmental buildings and facilities have
been decentralized and spread out in Greenport, Southold, Peconic, Cutchogue and Mattituck
becayse we have a large and long town. Concentrating congestion of all departments at one point in
the village does not make sense. There never will be enough room...now...five...or ten years from
now. Modem telecommunications technology is promoting decentralization . . . most governments
do not want to put all their eggs in one basket.
Moving the justice courts to the vacant Peconic School gets the criminals out of the village
to an isolated area near the police headquarters. If a disproportionate part of the miscreants come
from Greenport then build a courthouse on the Moore's Lane village property and add a police
substation to quell the late response complaints.
Once the courts are moved, the existing Southold Town Hall can then be dedicated to the
town clerk, supervisor and town board, administrative, executive and legislative functions.
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Date: January 5, 2005
Memorandum: To File/ Southold Town Board
From: George C. Stankevich, Esq.
Re: Condemnation 260 Horton's Lane
Subject: Southold Town's October 20, 2004 appraisal
Since the Town's appraisal, whose purpose is a condemnation, did not follow the
appropriate procedure and consider the fundamental factors affecting value, the appraisal is
without merit, invalid and inappropriate for its intended purpose. Additionally, it is not giving
the Town the proper valuation. As such, the Town cannot make any kind of reasonable business
decision to handle this matter fairly and in the interests of justice.
The Town's appraisal intentionally ignored our comparable#1 SCTM #1000-61-
1-2.2, this one-half of the Academy Printing property was purchased by the Town twenty-five
years ago for$138,000. Interval price increases over time 10 x to 20 x. Indicated value
$1,380,000. In making that acquisition for Town Hall expansion, which never occurred, the
subject property was surrounded by a public parking lot, making it the most advantageous site in
Town for office construction. During the last twenty-five years, the Town upzoned the subject
property and others from light business to hamlet business, degrading price. In taking half of the
subject property, the balance on Horton's Lane will be damaged,because it is in an historic
district, marginalizing development of front remaining piece which I am left with, i.e., the Town
wants to take 90% of the development value for a fraction. $2,622,000 less value of historic
house,$200,000 for an indicated value of$2,422,000.
The Town's appraisal intentionally ignored our comparable #2 SCTM #1000-61-
1-5. The Whitaker parcel was smaller than subject and was sold by the Town in 2004 for
$375,000, acquired by Town for expansion, but was unable to tear down existing structure
because of historic district. Structure was a dilapidated tear-down of no value and new owner
has been forced to go to extraordinary expense to rehabilitate it in order to obtain a cash flow,
i.e., he bought the foot print. Price factor x 3. Indicated value $1,125,000 plus severance
damages.
1.The Town's appraisal took the half-acre"in the blind"without any reference as to how it got there. Meaning,
on his own, the appraiser"sets off'this approximate half-acre plot. It eliminates from the appraiser's responsibility-
SEVERANCE damages.
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EXHIBIT
CONDEMNATION HEARING
260 HORTON'S LANE
SOUTHOLD,NEW YORK 11971
JANUARY 5, 2005
Honorable Joshua Y. Horton,
Supervisor Town of Southold
Southold Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Re: Proposed Horton's Lane Condemnation
Dear Josh:
Leadership is vision...arrogance is blind. This is an arrogant condemnation.
It is arrogant to ignore Southold's 350-year history of never condemning property
over the objection of its owners.
It was arrogant for the Town to tell me two months ago that it was condemning
my property without normal discussion and discourse.
It is arrogant to rush headlong into a condemnation without an adequate Master
Plan review...without thorough zoning and planning analysis...without a viable financial plan.
It is arrogant to ignore the public purpose of this condemnation, i.e., building a
new Justice Courthouse in order to get the criminals out of Town Hall and the hamlet...when in
fact, dumping them in the backyard of Town Hall will be no solution.
It is arrogant to state that the abandoned Peconic School is not available, when, in
fact, as recent as last Monday they told me the contrary and only refusal to make a fair market
value offer, stymied the deal. Whatever financial arrangement, it costs Southold nothing,
because it is merely transferring resources from one Southold pocket to another, i.e. from the
Town to the School District. The Peconic location removes the criminals from the hamlet to a
location next to the Police Station and Highway Department. The Peconic School Building and
four-acre site in the vicinity of the Police Station and Highway Department provide an ideal
location for locating affiliated activities, such as the Justice Court System, engineering, zoning,
planning, and plenty of room for expansion. The Peconic site diffuses and disperses traffic,
rather than concentrating it in Southold hamlet.
It is arrogant to ignore the need for a new negotiator.
It is arrogant for the Town's appraisal to offer me approximately what the Town
paid twenty-five years ago for the identical Academy Printing half-acre and half of what the
Town paid last year for the adjoining Whitaker site.
It is arrogant to suggest that I sell my property for what it was worth twenty-five
years ago. Would anybody sell his house today for what it was worth twenty-five years ago?
It is arrogant for the Town's appraisal to ignore the very existence of these
adjacent comparable sales.
It is arrogant for the Town's appraisal to fail to consider the severance damages
accruing from the proposed taking of the vacant, rear, developable portion of the Horton's Lane
property. After all, the Whitaker site fiasco proves that the front historical house portion is
unlikely to be further developed due to the Historic District designation.
It is arrogant to suggest that Wicks Law bidding can or should be avoided on this
proposed public project,regardless of how good a job the modular structures worked out on the
Greenport Hotel Project.
It is arrogant to assume that I will become political roadkill. I am requesting that
the Town Board exercise its vision and leadership and ignore your blind arrogance.
I am requesting that the Town Board hold your request in abeyance for the time
being, refuse to go along with you and refuse to pass a Condemnation Resolution until all of the
above is discussed in depth publicly with all planners, the Historical Society,business groups and
public service organizations.
It is arrogant for you to confuse Greenport Mayor Kapell's perseverance with your
bull-headedness. 1 know Mayor Kapell and I know you and you are not a Mayor Kapell!.
Sin rely you ,
G rge C. , kevich, sq.
cc: Southold Town Board
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EMINENT DOMAIN PROCEDURE LAW
O TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL Article 10 Note (2005)
Note
Laws 1977,Chap. 839
(With all subsequent amendments through and including
Chapter 932 of the 1985 Session of the Legislature)
AN ACT to establish the eminent domain procedure law,constituting
chapter seventy-three of the consolidated laws,and to repeal
the condemnation law,relating to the acquisition,by
condemnation,of real property for a public use
Scope of statute: This law provides the exclusive procedure by which property shall be acquired by exercise of the
power of eminent domain in New York state and covers the determination of the nand q.Q Yvon of a public project
prior to acquisition;,vestine,Possession and abandonment;the procedure for determining-Hst
compensation;and a special procedure for claims unde�fiv�e thousand do-11ars.'The law also sets forth provisions
regarding g t granting of additional allowances for extraordinary expenses and the reimbursement of incidental
expenses.
Treated elsewhere: are acquisition of property by counties for various purposes(see County Law§ § 223,385,
396-b and 828); acquisition of property for educational purposes(see Education Law§ § 227,307,404,2511,and
2557);acquisition of land for various conservation purposes(see Environmental Conservation Law§ § 3-0306, 15-
1523, 15-1729, 15-1731, 15.1909, 15-1983, 15-211 I, 15-2117, 15-2119, 15-2309,and 23-1303);acquisition of property
for highway purposes(see Highway Law§ § 29,30,65, 118, 125, 170, 173, 180, 182, 184, 185, 186, 188, 197, 199,
246,250,315-a,347 and 349); acquisition of property for private housing projects(see Private Housing Finance Law, §
§ 119, 216,217 and 501);acquisition of real property for public housing projects(see Public Housing Law § § 3, 120,
125, 127 and 157); acquisition of property for railroad purposes(see Railroad Law § § 22,92, 140, 170, 177 and 183);
and acquisition of property required for grade crossing elimination projects(see Transportation Law § 228).
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Page 2 s
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FCHS. 1-3 ***
DOMAIN PROCEDURE LAW
,PIfRPOSE; SHORT TITLE;DEFINITIONS;APPLICABILITY
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL prec § 101 (2005)
Preceding§ 101
HISTORY: History:
Add, L 1977,ch 839, eff July 1, 1978.
NOTES:
Research References&Practice Aids:
75A NY Jur 2d,Logs and Timber§ 22
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EMINENT DOMAIN PROCEDURE LAW
ARTICLE 1. PURPOSE;SHORT TITLE; DEFINITIONS;APPLICABILITY
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL § 101 (2005)
§ 101. Purpose
It is the purpose of this law to provide the exclusive procedure by which property shall be acquired by exercise of the
power of eminent domain in New York state;tassure that just compensation shall be paid to those persons whose
property rights are acquired by the exercise of the power o eminent omaii ;to establish opportunity for ublic
i%22229& 5
in the planning ofpublic�ro-sects necessitating the exercise of eminendomain;ire prperly for public use as well as the legitimate interests of private roperty of the environment,and to that end to promote and facilitate recognion and s;to encourage sett a ent of claims forjust compensation and expedi_.__� pa�gns to re a iti a n,a re equa tre�atm�to all property owners. ,
HISTORY: History:
I ��
!ngs§'319
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EMINENT DOMAIN PROCEDURE LAW
ARTICLE 2. DETERMINATION OF THE NEED AND LOCATION OF A PUBLIC PROJECT PRIOR TO
ACQUISITION
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL § 201 (2005)
§ 201. Public hearings
Except as provided herein,prior to acquisit the cond m ,m order to inform the public and to review the public
ruse to be served by a proposed public project and the ' n res' ents of the locality where such
project will be constructed,shall conduct a public hearing in accordance with the provisions o t �s artw a at a location
reasonably proximate to the property which may be acquired for such project. - '
HISTORY: History:
Add, L 1977, ch 839,effJuly 1, 1978;amd, L 1982,ch 356, § 2,eff June 21, 1982. See 1982 note.
NOTES:
EDITOR'S NOTES
Laws 1992,ch 356,§ 22,provides as follows:
§ 22. This act shall take effect immediately but shall not apply to any acquisition or proposed acquisition for which
the publication of notice of public hearing thereon required by section two hundred two of the eminent domain
procedure law has commenced prior to such effective date.
kr
"rWfflWr--4—rTTO—K' CONSOLIDATED LAW SERVICE
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EMINENT DOMAIN PROCEDURE LAW
ARTICLE 2. DETERMINATION OF THE NEED AND LOCATION OF A PUBLIC PROJECT PRIOR TO
ACQUISITION
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL§ 202(2005)
§ 202. Notice
(A) [Until Jan 12,2005, § 202 reads as set out below:] Where a public hearing is required by this article the
condemnor shall give notice to the public of the purpose,time and location of its hearing setting forth the proposed
location of the public project including any proposed alternate locations,at least ten but no more than thirty days prior to
such public hearing by causing such notice to be published in at least five successive issues of an official.daily
newspaper if there is one designated in the locality where the project will be situated and in at least five successive
issues of a daily newspaper of general circulation in such locality. If the official newspaper is one of general circulation
in such locality,publication therein as specified shall be deemed sufficient compliance.
(B) In the event that the only newspaper available in such locality is a weekly publication the above described notice
shall be published in such newspaper in at least two successive issues.
(C) Inadvertent failure to notify a person or persons entitled to notice under this section shall not be jurisdictional nor
construed to affect the validity of any title acquired by a condemnor under this law.
(A)[Eff Jan 12,2005, § 202 reads as set out below:] Where a public hearing is required by this article the condemnor
shall give notice to the public of the purpose,time and location of its hearing setting forth the proposed location of the
public nm'rrr n i9 ding any proposed alto Mja- ti least ten but no more than thirty days prior o such h pub
hearing by causing such notice to be published in at least five successive issues of an official daily newspaper if there is
one designated in the locality where the project will be situated and in at least live successive issues of a daily
newspaper of general circulation in such locality. If the official newspaper is one of general circulation in such locality,
publication therein as specified shall be deemed sufficient compliance.
(B) In the event that the only newspaper available in such locality is a weekly publication the above described notice
shall be published in such newspaper in at least two successive issues.
1' 7
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*»«WITH THE.EXCEPTION OF CHS. 1-3 ***
EMINENT DOMAIN PROCEDURE LAW
ARTICLE 2. DETERMINATION OF THE NEED AND LOCATION OF A PUBLIC PROJECT PRIOR TO
ACQUISITION
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL § 205 (2005)
§ 205, Amendments for field conditions
Subsequent to publishing its determination and findings and only in the event that further study of field conditions
warrant,the condemnor shall have the right to make amendments or alterations in its proposed public project to
accommodate such field conditions. Such amendments or alterations shall not require further public hearings nor
invalidate any acquisition for the proposed public project.
HISTORY: Add, L 1977,ch 839,eff July 1, 1978.
NOTES:
RESEARCH REFERENCES AND PRACTICE AIDS:
51 NY Jur 2d, Eminent Domain § § 328,330,356
87 NY Jur 2d, Public Lands § 19
LAW REVIEWS:
1984 Survey of New York Law. 36 Syracuse Law Review p. 257
CASE NOTES
CLS EDPL § 205 does not govern situations where plan for project is modified and public hearing is held
concerning modification; instead,statute only governs situations where amendment or alteration is made which does not
require public hearing. Leichter v New York State Urban Dev. Corp.(1989, Ist Dept) 154 AD2d 258, 546 NYS2d 351.
In eminent domain proceeding wherein county initially acquired land rights and flooding easements to build earthen'
dam for flood control purposes,court did not err in finding that additional land was required because of"field
conditions" (CLS EDPL § 205)when county became aware of need for additional acreage based on experience
acquired with dams similar to one to be constructed.ln re Acquisition of Real Prop. by the County of Tompkins(1997,
3d Dept)237 AD2d 667,654 NYS2d 849.
mpatiies
1VT THROUGH CH. 8,02/02/2005 ***
THE EXCEPTION OF CHS. 1-3 ***
EMINENT DOMAIN PROCEDURE LAW
ARTICLE 3. OFFER AND NEGOTIATIONS
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL prec § 301 (2005)
Preceding § 301
HISTORY: History:
Add, L 1977, ch 839,eff July 1, 1978.
NOTES:
Related Statutes& Rules:
This article referred to in § § 302,404,405
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EMINENT DOMAIN PROCEDURE LAW
ARTICLE 3. OFFER AND NEGOTIATIONS
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL § 301 (2005)
§ 301. Policy
The condemnor,at all stages prior,to or subsequent to an acquisition by eminent domain of real property necessary for
a proposed public project shall make a and expeditious editiou a ort to 'ustly compensate persons for such real
property by negotiation and agreement.
( c _ I
r the real property to be
dper cenmm of the valuation
estapprove appraisal. wijurever
" deny and shall also wherever practicable,
everance or consequential damages and benefits as
r,s"
effJuly 1, 1978.
^=MFT8 TO Ymllce MOU= OF coIDE1WATION OFFER ..LOW FVLL V&LU6
a M. Penighetti, Esq. ,. Siegel, Fenchel & Peddy, P.C.
neral Editor, Alfred C. Tartaglia, Esq. , New York, NY
INSIGHT
The condemnor must pay its estimate of just compensation at or prior to the vesting of title wherever practicable. EDPL
§ 303. This payment is often deemed an advance payment. Claimants are well advised to accept this only as partial
compensation,which does not prejudice their ability to obtain further compensation. In practice,however,this offer is
usually inadequate and precipitates the filing of a notice of claim.
ANALYSIS
Take into account highest and best use of property when setting offer amount.
The amount of the offer must be equal to 100%of the property's appraised value and may not be less than the
condemnor's highest approved appraisal. The offer must be reflective of the legal valuation standard used in
condemnation(highest and best use). The amount of the offer is not for the raw acreage of the property taken,but must
take into account the reasonable potential of further development on the site. Advantages of location or zoning are also
reflected in the property valuation. The fact that the owner had not made the precise use of the parcel claimed does not
militate against the owner's right to have the property valued,which would create the highest compensation
Condemnee's counsel should be aware that condemnor's offer to deduct unliquidated environmental costs can
deny client just compensation for property.
Condemnee's counsel should be wary of attempts by the condemnor to reduce the amount of an offer by deducting
unliquidated environmental costs. Such deductions constitute a denial of the constitutional requirement of just
compensation. For example, if a city's appraiser in a condemnation proceeding assigns a nominal value for property
after deducting projected costs of remediation,all evidence of such costs could be excluded since a pending action under
the Navigation Law,when viewed in concert with a city's property valuation,can expose the property owner to double
liability and result in a windfall recovery for the City. Therefore,counsel should argue that if the property appropriated
is reduced by the estimated cleanup cost,the property owner will not receive just compensation because the award will
be less than full value and violate the precepts behind the EDPL
In another example,when the State refused to satisfy a trial court award exceeding the advance payment, claiming the
costs of remediation greatly exceeded their initial estimate,an Article 78 proceeding was commenced to compel
payment and the State counterclaimed for the actual cost to remediate the parcel. It has been recognized that there is no
authority for offsetting an unliquidated Navigation Law petroleum cleanup claim and that to do so would allow the State
to depreciate the condemnee?s just compensation for the appropriated property by the costs of remediation
Practitioners representing either a condemnee or condemnor should be aware that the Second and Third Departments are
not in agreement and will have to decide whether just compensation is achieved by allowing a condemnor to a
remediation costs not reduced to liens or judgments.
------------------------
c.w
and the respondents having failed to appear, and the proofs of
of-=; 19--,and it having been established that petitioner has acquired the
n though exercise of the power of eminent domain(or that petitioner obtained an order
on in emtnent domain proceedings held in -----Court on the---day of-----, 19--), and that
mad the advance payment(deposit)required under Article 3 of the Eminent Domain Procedure Law for
en excused from making a deposit due to respondents'failure to reply to the offer(cooperate in appraisal
proceedings)],has otherwise complied with the Eminent Domain Procedure Law,and is now entitled to possession of
the property described in the petition,but the respondents hold over and continue in possession of the property without
the permission of the petitioner.
FINAL JUDGMENT of possession is hereby rendered in favor of----,petitioner, and against-----,respondents,
awarding petitioner delivery of possession of the premises described in the petition.
IT IS FURTHER ORDERED that issuance of the warrant is hereby stayed until and including-----, 19--, and that no
party recover costs.
Enter:
Judge
[Date]
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EMINENT DOMAIN PROCEDURE LAW
ARTICLE 4. VESTING; POSSESSION;ABANDONMENT
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
NY CLS EDPL § 406(2005)
§ 406. Abandonment
(A) If,after an acquisition in fee pursuant to the provisions of this chapter,the condemnor shall abandon the project
for which the property was acquired,and the property has not been materially improved,the cond�shall not
dis ose ofthe property or any portion thereof for rivate use with;n_ren __ ,,s;r;n„..,ithout first offering the
r,„.d e7�m ,,tt
entitled YO nOtlCe under tI113 BBCYIOII.a0 1 TiM
failure to in fact notify those persons entitled thereto shall not inva t a e n su n
to this section. �d h
HISTORY: History:
Add,L 1977,ch 839,eff July 1, 1978.
Sub(A),amd,L 1982,ch 356, § 14,effJune 21, 1982.
NOTES:
See 1982 note under§ 201.
Related Statutes& Rules:
This section'refened to in CLS ECL § 16-0107;CLS Gen Mun § 695; CLS High § § 30, 347,349-c;CLS Pub L § §
3,30-a; CLS Trans § 228
Research References& Practice Aids:
51 NY Jur 2d, Eminent Domain § § 74, 378
87 NY Jur 2d,Public Lands§ § 9, 50
Warren's Weed New York Real Property(4th Ed):
Warren's Weed:New York Real Property § 28.72
Annotations:
Condemner's waiver,surrender, or limitation,after award,of rights or part of property acquired by condemnation. 5
ALR2d 725
Law Reviews:
1978 Survey of New York Law: Local Government. 30 Syracuse L Rev,No. 1,p. 197, Winter, 1979
Case Notes: 1. Generally 2.--5. (Reserved for future use.) 6. Under former Village Law § 311
1. Generally
Term "dispose of as used in CLS EDPL § 406 refers to sale,assignment or other method of transferring title to
property,and thus where property had been condemned by city for project which was later abandoned, former owner did
not have right to repurchase property 6y virtue of city's efforts to lease property to private tenants. Chamberlain Trust v
Litke(1988)73 NY2d 824, 537 NYS2d 116, 534 NE2d 33.
06
4pf S0pjy0
ELIZABETH A. NEVILLE �� �lQ Town Hall, 53095 Main Road
TOWN CLERK l [ Jf P.O. Box 1179
REGISTRAR OF VITAL STATISTICS G C Southold, New York 11971
MARRIAGE OFFICER k �O Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER �y Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER C�U�{,� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 29, 2005
Mr. and Mrs. George Stankevich
74 Montauk Highway
Suite 22, The Red Horse
East Hampton, NY 11935
Dear Mr. and Mrs. Stankevich:
Enclosed herewith are copies of the Town's Exhibits from the Eminent Domain
hearings held April 19, 2005. Please do not hesitate to contact me if you have any
questions concerning the enclosed copies.
Very truly yours,
Linda J. Cooper
Deputy Town Clerk
Enclosures
PUBLIC HEARING
April 19, 2005
2:00 P.M.
EMINENT DOMAIN HEARING, SCTM #1000-61-1-3
Present were: Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman William P. Edwards
Councilman Daniel C. Ross
Deputy Town Clerk Linda J. Cooper
Town Attorney, Patricia A. Finnegan
Absent was: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Town Clerk Elizabeth A. Neville
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board open a new Eminent Domain Public Hearing for the
property of Stankevich, SCTM #1000-61-1-3
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman
Wickham, Councilman Romanelli.
This resolution was duly ADOPTED.
NOTICE IS HEREBY GIVEN,that a public hearing will be held before the Town
Board of the Town of Southold on April 19, 2005, at 2:00 p.m., at the Town Hall, 53095
Main Road(Route 25), Southold, New York, pursuant to Article 2 of the New York State
Eminent Domain Procedure Law with respect to the proposed acquisition of the
following described premises for the purpose of expansion, reconstruction and
construction of a new Town Hall facility in Southold.
ALL that plot,piece or parcel of land, situate, lying and being at Southold in the
Town of Southold, County of Suffolk and State of New York, as shown on a certain map
entitled"Map of Property of George C. and Margaret A. Stankevich, indicating a portion
of property to be acquired by the Town of Southold, situate at Southold, Town of
Southold, Suffolk County, New York", prepared by Louis K. McLean Associates, P. C.,
dated January 18, 2005, said premises being more particularly bounded and described as
follows:
BEGINNING at a point at the southwest corner of the subject parcel, on the
division line between property of George C. and Margaret A. Stankevich on the north,
and property of the Town of Southold on the south; said point being the following two (2)
courses and distances from the intersection of the easterly boundary of Horton's Lane
with the northerly boundary of Main Street:
April 19, 2005 • 2
Public Hearing—Eminent Domain
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a
point;
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the
point at the aforementioned southwest corner of the subject premises, said
point being the point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds
West, along the proposed division line through the property of George C. and Margaret
A. Stankevich, a distance of 131.08 feet to a point at the southwest comer of other
property of the Town of Southold on the division line between the subject parcel on the
south and said property of the Town of Southold on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line
between the subject property on the south and property of the Town of Southold on the
north, 155.52 feet to a point on the westerly boundary line of other property of the Town
of Southold;
Thence along said division line between the subject parcel and property of the
Town of Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a
point at the southeast corner of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a
point at the southwest comer of the subject parcel, said point being the point
or place of beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and
comprise the easterly one-half(approximately) of the lot identified on the tax map of
Suffolk County by the designation District 1000, Section 61, Block 1, Lot 3, reputed to
by owned by George C. Stankevich and Margaret Stankevich, his wife.
It was verified that the file contained Affidavits of Publication of the Legal Notice. One
affidavit was from Newsday and showed publication dates of Monday, Tuesday,
Wednesday, Thursday and Friday, April 4, 5, 6, 7, and 8, 2005. The other affidavit was
from the Traveler-Watchman stating the notice was published for 2 weeks successively,
commencing on the 31 s`day of March 2005. There was also an affidavit stating the
notice was placed on the Town Clerk's Bulletin Board at Southold Town Hall on April 6,
2005.
Councilman Wickham asked Town Attorney Patricia Finnegan to begin.
Town Attorney Patricia Finnegan presented the following statement: "The Town of
Southold is in dire need of expanding and upgrading its Town Hall facilities in order to
properly serve the residents of the Town. The current Town Hall is split between two
locations; the existing Town Hall, owned by the Town and the Town Hall Annex located
in office space that the Town rents from North Fork Bank. In order to provide the
necessary level of service and efficiency for the benefit of the public, the Town requires a
one campus Town Hall complex that is large enough to meet the Town's current needs
with room for future expansion. The property and facility owned by the Town at 53095
Main Road and along Traveler Street in Southold are insufficient to meet those needs.
The current Town Hall facility is undersized and in drastic need of renovation. The Town
owned property along Traveler Street is also insufficient in size and is separated from the
current Town Hall facility by the Stankevich property. The Town seeks to acquire one-
April 19, 2005 0 3 0
Public Hearing—Eminent Domain
half of the Stankevich property, which is SCTM #1000-61-1-3. The back portion. A
parcel that is one-half of one acre in size. The Town would then proceed with
construction of an integrated Town Hall complex, spanning the Traveler Street property
and the one-half acre Stankevich parcel, which would allow for a facility of sufficient
size, adequate parking and room for future expansion. The main entrance for the public
would be located at the complex, which would no longer require residents to park along
and or cross State Route 25 in order to conduct their Town affairs. Acquiring the portion
of property owned by the Stankevich's would allow the Town not only to achieve its one
campus solution but also to provide for a separate court facility on a single campus.
Under this plan, the Town Justice Court would continue to be located at the current Town
Hall facility, which would be physically separated from the planned new complex. The
physical separation would provide for heightened safety for the public visiting the new
Town Hall, who would no longer need to traverse the court related traffic, in order to
conduct their affairs. However, the public would still benefit from the court's location on
the single campus."
Town Attorney Finnegan then added into the record Town Exhibits Nos. 1 through 5.
Exhibit No. 1 was a description of the property to be acquired by the Town of Southold
from George C. and Margaret A. Stankevich prepared by L. K. McLean Associates, dated
January 18, 2005; Exhibit No. 2 was a survey from L. K. McLean Associates dated
January 18, 2005; Exhibit No. 3 was a certified copy of the Southold Town minutes of
the Eminent Domain Public Hearing held on January 5, 2005; Exhibit No. 4 was a copy
of the transcript of the January 5, 2005 hearing transcribed by Kristi E. Hatt, Court
Reporter; and Exhibit No 5 was a copy of an aerial photograph of the property with the
area the town seeks to acquire outlined in red. Town Attorney Finnegan went on to also
add, as part of the record, the notice and affidavit of publication of Newsday and the
Traveler-Watchman; a letter from the Town Attorney to George and Margaret
Stankevich, dated April 5, 2005, sent certified mail and advising the Stankevichs of the
Public Hearing being held on April 19, 2005.
Town Attorney Finnegan asked George Stankevich if they could agree that the transcript
and any comments from the hearing held January 5, 2005 and reopened April 19, 2005 be
incorporated into the this record. Mr. Stankevich indicated his agreement with that
request.
Councilman Wickham then asked if anyone else would care to speak and Mr. Stankevich
indicated that he would like to add some comments to the record.
Mr. Stankevich began by saying that the Town Attorney's statements in the second
hearing indicated the inadequacies of the proceedings, stating the town had been given
the opportunity to demonstrate and discuss the public purpose but all that was presented
was some "well meaning conclusions"but has not gotten the presentation of the facts that
the public or town could make a sensible discourse on. He stated that the town had hired
people to do an environmental impact and neighborhood studies but those things could
not be accomplished with the types of conclusions the Town Attorney presented. Mr.
Stankevich stated a map was needed showing the proposed buildings, their sizes, footage
and uses in order to demonstrate and evaluate the impact on sewage, cesspools, water and
traffic. He stated the record was devoid of showing the need and purpose for a new town
hall and that instead of closing the records he felt the board should hold it open and get
April 19, 2005 4
Public Hearing—Eminent Domain
the information he had mentioned to the board and public to allow everyone to study the
impact. He also expressed concern about the costs and stated that the town could go
ahead with the project and then down the road find that the money was not available and
his property would have been taken and given to someone else. He continued that he did
j not understand the sense of urgency; that the town, he and the property would be here for
a long time and there would be no reason rush ahead and to skip the steps required by
law. He requested that the project be sent to the Planning Board and go through the
planning process and address all the various impacts such a project would have on the
neighborhood. He stated he felt that it would be "common sense" to do so. He then
thanked the board for the opportunity to speak.
Councilman Wickham asked if anyone else wished to speak. There was no one.
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Eminent Domain public hearing was closed at 2:55 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman
Wickham, Councilman Romanelli.
This resolution was duly ADOPTED.
Linda J. Cooper
Deputy Town Clerk
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L. K. i !ean Associates, P.C.
Januaw 18,2005
Description of property
To be acquired by the Town of Southold
From George C. & Margaret A. Stankevich, reputed owner (Liber 11948, Page 133)
Tax Map Index Number: 1000-061.00-01.00-003.000
All that piece or parcel of land situate in the Town of Southold, County of Suffolk, State of New
York as shown on a survey prepared by L.K. McLean Associates, P.C. dated January 18, 2005,
said parcel being more particularly bounded and described as follows:
Beginning at a point at the southwest corner of the subject parcel, on the division line between
property of George C. & Margaret A. Stankevich on the north, and property of the Town Of
Southold on the south; said point also being the following two (2) courses and distances from
the intersection of the easterly boundary of Hortons Lane with the northerly boundary of Main
Street;
1 ) North 30°17'40" West, a distance of 212.54 feet to a point;
2) North 60°22'20'' East, a distance of 163.26 feet to the point at the aforementioned southwest
corner of the subject parcel, said point being the point of beginning;
Thence from said point of beginning, North 31°44'10'' West, along the proposed division line
through the property of George C. & Margaret A. Stankevich, a distance of 131.08 feet to a point
at the southwest corner of other property of the Town of Southold on the division line between
the subject parcel on the south and said property of the Town of Southold on the north;
Thence North 58013'30'' East along said division line between the subject parcel on the south
and property of the Town of Southold on the north, 155.52 feet to a point on the westerly
boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29044'50'' East, a distance of 136.82 feet to a point at the southeast corner of the
subject parcel; thence
2) South 60°22'20'' West, a distance of 150.87 feet to a point at the southwest corner of the
subject parcel, said point being the point or place of beginning.
Said parcel of land containing 20,514 square feet or 0.471 acres, more or less.
Page 1 of 1
§TATE OF NEW YORK [
SUFFOLK COUNTY
Office of the Town Clerk ss:
of the TOWN OF SOUTHOLD
(Seal)
is to certify that I, Elizabeth A. l~,ille, Town Clerk of the Town of
Southold in the said County of Suffolk, have compared the foregoing copy
of..Mipgt.e~ ~fr~o~a. t.he..E.mi.n.eot' l~qmi~iR. P. ubti¢ Hea.ri.ng .Held. on.
.~ap~ry .5r .2.00.5. a.t .9.:0.0. A.M .....................
with the original now on file in this office, and that the same is a correct and
true transcript of such original, m.i.nu.t.eE 9f. t.h.e .E.mjqeot..Do. rqa!n...
.Public. I~learing .held. Qn. J[anua.ry .5, .2005 .a! .9: 0.0. AM .....
........................... and the whole thereof.
In Witness Whereof, I have hereunto set my hand and affixed the seal of
said Town this .1 .St.h. day of . April .20Q5 ................
Town Clerk of the Town of Southold, County of Suffolk, N.Y.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 5, 2005
9:00 A.M.
EM1NENT DOMAIN HEARING, SCTM #1000-61-1-3
Present: Supervisor Joshua Y. Horton
Councilman John M. Romanelli
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Justice Louisa P. Evans
Councilman Thomas H. Wickham
SUPERVISOR HORTON: We will open the hearing with the Clerk reading the notice of hearing.
TOWN CLERK ELIZABETH NEVILLE: Notice is hereby given that a public heating will be held
before the Town Board of the Town of Southold on the 5th day of January, 2005 at 9:00 a.m. of that
day at the Town Hall, 53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the
New York State Eminent Domain Procedure Law with respect to the proposed acquisition of the
eastern portion (approximately half) of the following parcel located on Hortons Lane in the hamlet of
Southold, directly behind the existing Town Hall building, to provide ample space for expansion and
the reconstruction of the Town Hall building in Southold: Reputed Owners:George and Margaret
Stankevich, SCTM #1000-61-1-3. The acquisition is proposed to provide for the expansion and
construction of a new To~vn Hall facility. Dated: Southold, New York, November 30, 2004 by order of
the Southold Town Board, Elizabeth Neville, Town Clerk. Please publish as follows in two successive
issues of the Suffolk Times commencing on Thursday, December 16th and in five successive issues of
Newsday commencing on December 15, 2004. And I do have the affidavit's proof of publication from
the Suffolk Times for two weeks publication in that newspaper, commencing on the 16th and I have an
affidavit of publication from Newsday, that it was published five consecutive days, beginning on the
15th of December through the 20th of December. I have a, in the file I have a letter dated December 14,
2004 addressed to Mr. Stankevich of East Hampton from the Town Attorney. "Dear Mr. Stankevich, I
an~ enclosing a copy of resolution number 854 of 2004 in connection with the referenced premises
pursuant to Article 2 of the New York State Eminent Domain Procedure Law. As you can see from the
enclosed, a public hearing on the proposed condemnation of the referenced property will be held
January 5, 2005 at 9:00 A.M. at Town Hall." This was sent by certified mail with a return receipt,
both of which I have the originals attached thereto. There's of the copy of the certified resolution
January 5, 2005 2
Public Heating-Eminent Domain
number 854 of 2004 in the file and also the Town Clerk's office on December 9th had sent a certified
copy ofresointion number 854 to Mr. Stankevich at East Hampton. And that completes the file.
SUPERVISOR HORTON: Good morning everybody, Town Board members and Mr. Stankevich.
Happy New Year to you all. Present at this heating are Town Board members Councilman Dan Ross,
Councilman John Romanelli, Councilman Bill Edwards and myself, Supervisor Joshua Y. Horton and
we are represented by attorney Bill Essex. At this point I ask, opening the hearing, I ask Town
Attorney Pat Finnegan to read a statement of the Town Board for the record.
TOWN ATTORNEY PATRICIA F1NNEGAN: "The Town of Southold is in dire need of expanding
and upgrading its Town Hall facilities in order to properly serve the residents of the Town. The current
Town Hall is split between two locations; the existing Town Hall, owned by the Town and the Town
Hall Annex located in office space that the Town rents from North Fork Bank. In order to provide the
necessary level of service and efficiency for the benefit of the public, the Town requires a one campus
Town Hall complex that is large enough to meet the Town's current needs with room for future
expansion. The property and facility owned by the Town at 53095 Main Road and along Traveler
Street in Southold are insufficient to meet those needs. The current Town Hall facility is undersized
and in drastic need of renovation. The Town owned property along Traveler Street is also insufficient
in size and is separated from the current Town Hall facility by the Stankevich property. The Town
seeks to acquire one-half of the Stankevich property, which is SCTM #1000-61-1-3. The back portion.
A parcel that is one-half of one acre in size. The Town would then proceed with construction of an
integrated Town Hall complex, spanning the Traveler Street property and the one-half acre Stankevich
parcel, which would allow for a facility of sufficient size, adequate parking and room for future
expansion. The main entrance for the public would be located at the complex, which would no longer
require residents to park along and or cross State Route 25 in order to conduct their Town affairs.
Acquiring the portion of property owned by the Stankevich's would allow the Town not only to
achieve its one campus solution but also to provide for a separate court facility on a single campus.
Under this plan, the Town Justice Court would continue to be located at the current Town Hall facility,
which would be physically separated from the planned new complex. The physical separation would
provide for heightened safety for the public visiting the new Town Hall, who would no longer need to
traverse the court related traffic, in order to conduct their affairs. However, the public would still
benefit from the court's location on the single campus." I would like to place into the record on behalf
of the Town a survey description of the property prepared by our Town Engineering office and also an
aerial photograph of the location. On the legal description, the parcel sought to be acquired is the
parcel that is marked as being 20,520 square feet, which is the rear portion of the Stankevich property.
And I would also place in the aerial, which shows the entire parcel, the entire Stankevich parcel and we
would, again, seek to acquire the back of that. I will mark that as Town exhibit 1 and 2.
SUPERVISOR HORTON: Thank you, Mrs. Finnegan. Would anybody care to address the Board on
this public hearing?
GEORGE STANKEVICH: I will address the Board. My name is George Stankevich, with law offices
at 74 Montauk Highway. I am one of the owners of the property that is subject of this heating. Being
here today is like d6jh vu again. I can remember when I first came to town, a little over 30 years ago.
Bill Essex was working with Bob (inaudible) in Greenport,. who had just opened up his offices in
Riverhead. I met Howard Terry, the building inspector, in a little house down on the comer of this
January 5, 2005 3
Public Heating-Eminent Domain
property. A1 Martocchia still had his office in Greenport. And the issue then was consolidation and
expansion of Town facilities. And that is how we are sitting in the building here, because A1 and the
Board at that time picked out this property. Interestingly enough, got involved with modular building
with an out of town builder. Ran across all the problems that were generally involved with
constructing a facility. No sooner had it been put up than the issue of future facilities came to mind
and have been talked about for 30 years since. I think that when you look at something like this, this
comment is appropriate. 'Leadership is vision and arrogance is blind.' I think this is an arrogant
condemnation in the way it has been conducted. What do I mean by that? I think it is arrogant to
ignore 350 years of history in this Town, where never has a property been condemned over the
objection of a property owner. It certainly never been condemned with adequate, without adequate
public discussion and private discussion with the owners involved. I don't think that has occurred
here. I think that it was arrogant to proceed on a fast-track, which I believe we are on here, due to the
insistence of our Supervisor, without an adequate master plan in review of this, without an adequate
zoning review of this, without an adequate traffic review of this, without an adequate study as to what
we are tying to accomplish in this Town now and for the next 30 years. Now, people do say that the
Town is exempt from all of these things, the Town is not exempt from good thinking and using the
resources at hand to get the best results. Because the function is really what is the public purpose? The
flip side of the issue of what public purpose is, is what does the public need? What are we trying to
accomplish? As I understand it, the public need here really is that the Justice Court is over-flowing
and that is why we are in this conference room today, rather than at the scheduled location in the public
hearing in the main meeting room because it is being used as court today. And it is overflowing
because Greenport closed their courts and two or three days a week we have Town Hall over run with
criminals and they are running around the streets of the village and the hamlet of Southold and it is
creating a problem. So it is a problem of not only space but of mixing different types of activities on
the same site. I think that the proper dispassionate review of this might come up with a proper solution
of what the public purpose we are talking about here today. Now, in my view, we are here because the
Supervisor screwed up the negotiations with the Peconic Schools and ruined the Whitaker property
situation. So now we are in phase three trying to find office space, I think it is arrogant to tell me and
the public that the public school in Peconic is not available. That is what I have been told and I can tell
you that as late as this Monday, this week or the recent Monday this week, that school district is
anxious to make a deal, to dispose of that building, this four-acre site. And that's the site that suits the
public purpose. Because it would allow us inunediately to put the court system down where it belongs,
next to the police station, at a very affordable price. And you know, if the price wasn't affordable with
the Peconic school, it really doesn't make any difference because you are moving money from one
pocket of Southold to the other. If the school district gave us the property for nothing, it is still in
public hands and public use. And if we overpaid for the school, we are still putting money in Southold
Town's pocket. It is us. And it would solve the solution to the problem, which is get the court system
separated from the hamlet of Southold and diffuse the property and to provide us four acres for future
growth because I am sure we won't be here in 30 years but somebody will and they are going to be
talking about the same issue. And we would be solving many problems, not only for ourselves. And I
think it is therefore arrogant to not consider getting a new negotiator for the Town to look at this issue
with Peconic School and with the Southold School district. I think that further evidence of arrogance
here is that you presented or you were presented with an appraisal and the appraisal ignores the two
most obvious comparables in determining the value of the property we are talking about. It ignores the
Whitaker property on the coruer that you recently sold, which was a tear down, a lot smaller than what
you are talking here for over $375,000, twice than what your appraisal for the subject property is
January 5, 2005 4
Public Hearing-Eminent Domain
worth. It ignores the Academy Printing property that the Town Board over 25 years ago, identical to
the property in question, my property, for $138,000 twenty five years ago. I ask anybody in this room,
would you sell me your house for what you paid for it 25 years ago? It is preposterous. And in your
presentation both your appraiser and Mr. Horton totally ignores the severance damages that I am going
to sustain by you cutting off the vacant one-half of my property, which is really the only developable
and building portion of that property. If you eliminate the severance damages from the calculation, the
appraisal is unsustainable. You just can't do that. It's professionally in error and no court would
accept such an appraisal. So what you are getting yourself into here is a proposed purchase on an
estimated price that once you get in front of a judge, you could end up paying $1,000,000. You lose
control of fixing the price. And I don't think that is fair to myself as a taxpayer, to the other taxpayers
and voters in this Town. I don't think it is fair to really all the Board members here. Now, there is a
way to solve that, have some decent discussions. I don't think we have done that. I have been told that
you have a great plan, you have a modular building, they have done this before, apparently down in
Greenport at one of the motels, and you are going to get a great price on all of this but you know, there
is something called the Wicks Law that tells us there is many a slip between the cup and the mouth,
you just can't go build a public facility by selecting some guy that has some success in Greenport. It
just doesn't work that way. So I think that before we take this next step, we ought to evaluate our
costs, not only of the property, evaluate its utility, evaluate its future use and give this some pause. To
my knowledge, you have done no test holes on the subject property, you don't know what you are
going to hit. You don't have a clue what is under that property next door. But I remember when A1
Martocchia built this building, they had water problems. This area was a swamp and it was filled. I
furnish that just as an indication of the fact that we are getting this ass backwards. The last thing we
should be doing is condemning the property because you can always do that. You don't have to rash
that through today. But the first thing you should be doing is taking this idea and fleshing it out.
Really allowing the Planning Department to do some traffic studies, allowing yourself the liberty of
getting some hard financial data, allowing yourself the liberty to further evaluate the appraisal and I
have a critique for you here today on your appraisal. Because really I don't want my family to end up
as your road kill. I don't want my family to end up as your road kill. I don't want to end up like the
Whitaker property, where something is started, the property is acquired and then you hit a bump in the
road, you can't fulfill the project and you end up putting the property up for sale to some stranger. !
end up with somebody owning the back half of my property because things didn't work out. So I think
the very least I can hope for today in speaking with you is that you give a pause, that you get some
more community input to this, you get better financials on this, you appoint a committee from your
Board to go down to Southold School district because they do want to sell that property. And ! am
sure that something can be worked out and that should be put back on the table. And just call, like,
time out today. Because as I understand it, you are all set to slam through a resolution today, to start
this condemnation process or finish it. I think that is unfortunate. It's not really what we expect of
how government is conducted in Southold. It is like coming home to me, being in Southold. It is a
great place. I'm one of the few people here in the room, I come here every six months, maybe once a
year and I notice the differences that you don't notice because they creep up on you, day to day. And I
can tell you this, in general, you have done a fantastic job in this town. I ride in from Mattituck and I
say, 'wow' this place not only still looks great, it looks better than it was 30 years ago because a lot of
the dilapidated farm houses and what not have been fixed up and we don't have an awful lot of sprawl,
we have got some vineyards, it's really a tremendous town. It's something that there is only a memory
on the south fork whenever I come. I hope that this appearance of arrogance disappears. You know,
somebody said that your Supervisor kind of uses Mayor Kapell as a role model. I could tell you, I
January 5, 2005
Public Heating-Eminent Domain
know Mayor Kapell and I know your Supervisor and your Supervisor is not Mayor Kapell. Southold is
not Greenport. So I think that your spirit, spirit of moving ahead, let's call time out. I would like to
talk with you some more, I'd like you to talk to our appraisers, I am sure that Bill would like to peruse
some of these appraiser's findings. I think you would like to talk to various community groups and
whatnot, the Planning Board. Use the resources in Town to make sure we are making the right decision
today. Thank you very much. And I would like to submit for the record exhibit A, my comments. In
fact, I have one for each of the Board members.
SUPERVISOR HORTON: If you would give those to the Town Clerk, she will make sure that it is
distributed to each of us. Thank you, Mr. Stankevich. We will close this heating. Excuse me, let me
retract that, prior to closing the hearing, I would like the record to reflect that the Board has not
convened here today with the intention of passing a resolution. This is a public heating and we have
no resolutions to vote on today. Board members? (No response) We will close this heating.
Southold Town Clerk
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In the Matter of the Condemnation of Part
Of 260 Horton's Lane, Southold, New York
January 5, 2005
9:05 a.m.
53095 Main Road
Southold, New York
B E F O R E:
Joshua Y. Horton, Supervisor
Dan Ross, Councilman
Bill Edwards, Councilman
John Romanelli, Councilman
Patricia Finnegan, Town Attorney
Elizabeth Neville, Town Clerk
25
SUZANNE HAND ~AS$OCIATES, INC. 631.£77.9700
Kristi E. Hart
Court Reporter
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EARANCES:
PRESENT:
Stankevich
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Proceedings
SUPERVISOR HORTON: We will open
the hearing with the clerk reading the
notification on this hearing.
CLERK NEVILLE: Notice is hereby
given that a public hearing will be held
before the Town board of the Town of
Southold on the 5th day of January 2005
at 9:00 a.m. of that day at the Town
Hall, 53095 Main Road, Southold, New
York pursuant to Article 2 of the New
York State Eminent Domain Procedure Law
with respect to the proposed acquisition
/-
of a certain portion approximately half//
/
of the following parcel located on
Lane in the hamlet of Southold
behind the existing Town Hall
Horton's
directly
building to provide ample space for
expansion and the reconstruction of the
Town Hall building in Southold.
The reputed owners are ~eorge and
Margaret Stankevich, Suffolk County tax
map number 1000-61-1-3. The acquisition
is proposed to provide for the expansion
and construction of a new Town Hall
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facility, Southold, New York dated
November 30, 2004 by order of the
Southold Town board, Elizabeth Neville,
Town Clerk. Please publish as followed
in two successful issues of the Suffolk
Times commencing on Thursday, December
16th and in five successful issues of
Newsday commencing on December 15, 2004.
I do have the affidavit's proof of
publication from the Suffolk Times for
two weeks publication in that newspaper
commencing on the 16th. And I have an
affidavit of publication from Newsday
that was published five consecutive days
beginning on the 15th of December
through the 20th of December. In the
file I have a letter dated December 14,
2004 addressed to Mr. Stankevich at East
Hampton from the town attorney.
"Dear Mr. Stankevich, I'm
enclosing a copy of resolution number
854 of 2004 in connection with the
referenced premises pursuant to Article
2 of the New York State Eminent Domain
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Proceedings
Procedure Law. As you can see from the
enclosed, a public hearing on the
proposed condemnation of the referenced
property .will be held on January 5, 2005
at 9:00 a.m. at Town Hall."
This was sent ~by certified mail
with a return receipt, both of which I
have the originals attached thereto.
There's a copy of the certified
resolution number 854 of 2004 in the
file and also the Town Clerk's office on
December 9th had sent a certified copy
of resolution number 854 to Mr.
Stankevich at East Hampton. That
completes the file.
SUPERVISOR HORTON:
Town board members. Happy
those present at this hearing.
on the board we have Councilman
Ross, Councilman John Romanelli,
Good morning,
New Year to
Present
Dan
Councilman Bill Edwards, myself,
Supervisor Joshua Horton. We are
represented by attorney Bill Essex. In
opening the hearing I ask town attorney,
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Patricia Finnegan, to
of the Town board for
MS. FINNEGAN: The
Southold is in dire need
the Town Hall facilities
read a statement
the record.
Town of
of upgrading
in order to
properly serve the residents of the
Town. The current Town Hall is split
between two locations; the existing Town
Hall owned by the Town and the Town Hall
annex located in office space by North
Fork Bank. In order to provide the
necessary level of service and
efficiency for th benefit of the
public, the Town requires one campus on
the Town Hall complex large enough to
meet the needs with room
for
Town's current
future expansion.
The property and facility owned by
the Town at 53095 Main Road and along
Travelers Street in Southold are
insufficient to meet those needs. The
current Town Hall facility is
undersized, and
along Travelers
the Town-owned property
Street is also
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Proceedings
insufficient in size and is separated by
the current Town Hall facility by the
Stankevich's property.
The Town seeks to acquire one half
of the Stankevich's property, tax map
number 1000-61-1-3. The back portion, a
parcel that is one half of one acre in
size, the Town would proceed with
construction with an integrated Town
Hall complex expanded on the Travelers
Street property and the one half
Stankevich parcel which would allow for
a facility of sufficient size, parkin0/
and room for future expansion.
The main entrance for the public
would be located at the complex, which
would no longer require residents to
park along the road and cross the street
in order to conduct their Town affairs.
Acquiring a portion of the property
owned by the Stankevichs would allow the
Town not only to achieve its one campus
solution, but also to provide a separate
court facility on a single campus.
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Under this plan the justice
continued to be located in
court
the
current Town Hall facility which would
be separated from the plan's new
complex. The separation would provide
for safety to the public visiting the
new Town Hall, which would no longer
need to -- in order to conduct their
Town affairs. However, the public can
still'benefit from the court's location.
I would like to place in the
record on behalf of the Town a survey
(Survey
Town Exhibit
description of ~he property prepared by
our Town enGineerinG office and albo an
aerial photograph of the location. On
the legal description, the parcel sought
to be acquired is the~parcel that is
marked 20,520 square feet. And I would
also place in the areal photograph which
shows the entire parcel we would seek to
acquire the back of. I'll mark that as
Town 1 and 2.
was marked as
1 for identification,
as of
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this date.)
(Photograph was marked as
Town Exhibit 2 for identification, as of
this date~)
SUPERVISOR HORTON: Is there
anyone wishing to address the board in
this public hearing?
MR. STANKEVICH: I will address
the board. My name is George
Stankevich. I'm with the Law Offices at
74 Montauk. I'm one of the owners of
the property that's subject of this
/ hearing~ Being here today is like deja
vu again. I can remember when I first
came to town 30 years ago. Bill Essex
was working with Bob in Greenport
opening his offices in Riverhead. I met
Howard Terry, the building inspector, in
a little house down on the east end of
this property. A1 Martosha still had
his office in Greenport.
The issue then was
consolidation
and expansion of Town facilities.
That's how we are sitting in the
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building here, because A1 at this time
picked out this property. Interestingly
enough this -- building with -- ran
across all of the problems that are
generally involved in conducting the
facility. And no sooner had it been put
up .the issue of the future facilities
came to mind and had been talked about
for 30 years since.
I think that when you look at
something like this, this comment is
appropriate, leadership is vision and
arrogance is bl~d. I think this is an
arrogant condemnation. It is arrogant
to ignore Southold's 350-year history of
never condemning property over the
objection of its owners. It's certainly
never condemned without adequate public
discussion and private discussion. I
don't think that has occurred here.
I think it is arrogant to proceed
on a fast track, which I believe we are
on here, due to the insistence of our
supervisor without an adequate master
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plan, without thorough zoning and
planning analysis, without a viable
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financial plan and adequate study of
this Town, what we are trying to
establish and for the next 30 years.
People can say the Town. is exempt from
all of these things, but the Town is not
exempt from good thinking and using the
resources to get the best result for the
Town.
Because the function is really
what is the public purpose. The flip
side of the issue is what is the public
issue, what does the public need, what
are we trying to accomplish. As I
understand it, what the public needs
here really is the justice court, which
is overflowing. That's why we're in
this conference room rather than at the
scheduled
room,
today.
closed
location in the main meeting
because it's being used as court
It's overflowing because Greenport
their courts and two or three
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days a week we have Town Hall overrun
with criminals and running around the
streets of the villages and hamlet of
Southold, and it's creating a problem.
It's a problem of not only space but of
mixing different types of activities on
the same site. I think that a proper
dispatched review of this might come up
with a more proper solution of what the
public purpose is we are talking about
here today.
In my view we are here because the
supervisor screwed up the negotiations
with the Pe~onic schools and the
property situation. So now we are in
phase three trying to find office space.
I think it's arrogant to tell me and the
public that the public school in Peconic
is not available. I can tell you as
recent as Monday this week the school
district is anxious to make a deal to
dispose of that building, that four-acre
site. That's the site that suits the
public purpose, because it would allow
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us immediately to put
down where it belongs,
police station at a
price.
with
the court system
next to the
very affordable
If the price wasn't affordable
the school, it really doesn't make
13
putting money in Southold Town's pocket.
It's us. It would solve the solution to
the problem which is get the court
systgm separated from the hamlet of
Southold, diffuse the property and to
provide us four acres for future growth,
because I'm sure we won't be here in 30
years. And somebody will. And they
will be talking about the same issue.
We would be solving many problems
not only for ourselves. I think it's
their fault, arrogance, not to consider
SUZANNE HAND ~' ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
any difference because we are moving
money from one pocket of Southold to the
other. If the school district gave us
the property for nothing, it's still in
public hands and use. And if we
overpaid for the school, we are still
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getting a new negotiator to look at the
Town with this issue with the school and
with the Southold district. I think
14
further evidence of arrogance is that
yon were presented with an appraisal.
The appraisal ignores the two most
obvious factors in determining the value
of the property we are talking about.
It ignores the Whitaker property
on the corner that you recently Sold,
which was a teardown, a lot smaller than
what you're talking about
$375,000. And/it ignores
property that the Town
years ago -- dentical
in question and my property
25 years ago. I ask anyone
room, would you sell me your
what you paid for it 25 years
preposterous. And in your
presentations,
here for
the --
board over 25
to the Droperty
for $128,000
in this
house for
ago? It's
both your appraiser and
Mr. Horton, you totally ignore the
severance damages that I'm going to
sustain by you cutting off the vacant
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one half of my property, which is the
only developable portion of that
property.
If you eliminate the severance
damages from the calculation, the
appraisal is unsustainable. You can't
do that. It's professionally in error,
and no Court would accept such an
appraisal. What you're getting yourself
into here is a proposed purchase on an
estimated price that once you get in
front of a judge you could end up paying
$1 million. You lose control of fi~ing
the price. I don't think that's fair to
myself as a taxpayer, to the other
taxpayers and voters in this town. I
don't think it's fair to all of the
board members here.
There is a way to solve that, have
some decent discussions. I don't think
we've had that. I have been told that
you have a great plan, a modular
building, they have done this before in
Greenport at one of the motels and
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you're going to get a good price on all
of this. There's something called a
Wicks Law that tells us one slips
through the cup and the -- you' just
can't do this, build a public facility
by selecting some guy who had success in
Greenport. It just doesn't work that
way.
I think before we take this next
step we ought to evaluate our cost, not
only of the property but the utility and
years and give this some pause.
Knowledge 2/~u have done no test
on the property. You don't know
future
To my
holes
what you're going to hit. You don't
have a clue what is under that property
next door. But I remember with A1 there
were water problems. This area was a
swamp and it was filled. I bring that
up just as an indication of the fact
that we are getting ass backwards.
The last thing you should be doing
is condemning the property, because you
can always do that. You don't have to
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rush that through today. But the first
thing you should be doing is taking this
idea and flushing it out, allowing the
planning department to do traffic
studies, allowing yourself the liberty
of getting some hard financial data,
allowing yourself to further evaluate
the apDraisals.
Really I don't want my family to
end up as your roadkill. I don't want
to end up like the Whitaker property
where something started, the property is
acquired and then you hit a bump in the
road. You can't fulfill the project and
you end up putting the property up for
sale to some stranger. I end up with
someone owning the back half of my
property, because things didn't work
out. The least I can hope for is that
you give this a pause. You get some
more community input, better financials
on this. YOU appoint a committee review
board to go down to Southold school
district, because they do want to sell
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property.
I'm sure something
out that should be put
table. Just call time
understand it you're
through a resolution
can be worked
back on the
out today. As I
all set to slam
today to start this
And I think
not really
condemnation or finish it.
that's unfortunate. It's
what we expect of how government is
conducted in Southold. It's like coming
home to me~. It's a great place. I'm
raom that
or once a
one of the few people in the
here ev?ry six months
come
year.
I notice the differences
that you
don't notice, because they creep up on
you day-to-day. You have done a great
job in this town. I ride up from
Mattituck and say, this place looks
great and it looks better than it did 30
years ago. We don't have a lot of
sprawl. It's really a great town. It's
something that is only a memory on the
south fork.
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I hope that this
arrogance disappears.
that your supervisor is
Kapell as a role model.
I know Mayor Kapell and I
supervisor, and I know he
Kapell. Southold
I think that
ahead let's call
to talk with you
you to talk to our
Bill would like to
appraiser's findings. I
appearance of
Somebody said
using Mayor
I can tell you
know your
is not Mayor
is not Greenport.
in spirit of moving
a time out. I'd like
some more. I'd like
appraisers. I'm sure
peruse some of these
/
think yoB would
like to talk to various community groups
and whatnot, use the resources of the
Town to make sure we are making the
right decision today. Thank you. I'd
like to submit for the record Exhibit A
of my comments.
(Comments were marked as
Exhibit A for identification, as of
this date.)
SUPERVISOK HORTON: Please give
to the Town Clerk. She'll hand
those
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them out. Thank you. Prior to closing
the hearing I would like the record to
reflect that the board has not convened
here today with the intention of passing
a resolution. This is a public hearing.
We have no resolutions to vote on today.
Is there anybody else who wishes to
speak?
(No response)
SUPERVISOR HORTON:
hearing. Thank you.
this
We'll close
(Time Noted: 9:30 a.m.)
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TOWN
EXHIBIT
1
2
EXHIBIT
A
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INDEX
E X H I B I T S
DESCRIPTION
Survey
Photograph
DESCRIPTION
Comments
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8
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CERTIFICATION
I, KRISTI E. HATT, a Notary Public in
and for the State of New York, do hereby certify:
THAT the foregoing is a true and accurate
transcript of my stenographic notes.
IN WITNESS WHEREOF, I have hereunto set my hand
this 5th day of January, 2005.
KRISTI E. HATT
SUZANNE HAND 5' ASSOCIATES, INC. 631 .~77.2700 888.~VE DO EBTs
A attached 5:9 closed 11:25 date 9:2,5 19:23
about 10:9 12:11 attorney 1:19 4:20 closing 20:2 dated4:2,18
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accept 15:9 available 12:20 come 12:9 18:14 days 4:15 12:2
accomplish 11:16 a.m 1:6 3:9 5:6 coming 18:11 day-to-day 18:18
accurate 22:7 20:14 commencing 4:7,9 deal 12:22
achieve 7:23 4:13 Dear 4:21
acqnlre7:5 8:22 B comment 10:12 December 4:7,9,16
acquired 8:18 B 1:1421:5 comments 19:20,21 4:17,185;13
17:14 back7:7 8:22 17:18 21:12 decent 15:21
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acquisition 3:13,23 backwards 16:22 community 17:22 deja 9:14
acre 7:8 Bank 6:12 19:15 department 17:5
acres 13:19 before 3:7 15:24 completes 5:16 description 8:14,17
accoss 10:5 16:10 complex 6:16 7:11 21:7,11
activities 12:7 beginning 4:16 7:17 8:6 determining 14:8
address 9:7,9 behalf 8:13 condemnation 1:3 developable 15:3
addressed4:19 behind 3:17 5:4 10:15 18:8 difference 13:8
adequate 10:19,25 being 9:14 11:22 condemned 10:19 differences 18:16
11:4 believe 10:23 condemning 10:17 different 12:7
aerial 8:16 belongs 13:3 16:24 diffuse 13:18
affairs 7:20 8:10 benefit 6:14 8:11 conduct 7:20 8:9 dire 6:5
affidavit 4:14 best 11:10 conducted 18:11 directly 3:17
affidavit's4:10 better 17:22 18:21 conducting 10:6 disappears 19:3
affordable 13:4,6 between 6:9 conference 11:20 discussion 10:20,20
again 9:15 Bill 1:17 5:22,24 connection 4:23 discussions 15:21
ago 9:16 14:16,18 9:16 19:13 consecutive 4:15 dispatched 12:9
14:20 18:22 blind 10:14 consider 13:25 dispose 12:23
ahead 19:10 board 3:7 4:4 5:18 consolidation 9:23 district 12:22 13:10
A19:21 10:2 16:18 5:20 6:3 9:7,10 construction 3:25 14:4 17:25
allow 7:13,22 12:25 14:15 15:19 17:24 7:10 doing 16:23 17:3
allowing 17:4,6,8 20:4 continued 8:3 Domain 3:12 4:25
along 6:20,25 7:19 Bob 9:17 control 15:14 done 15:24 t6:14
always 16:25 both 5:8 14:22 convened 20:4 18:18
ample 3:18 bring 16:20 copy 4:22 5:10,13 door 16:18
analysis 11:3 build 16:6 corner 14:11 down 9:20 13:3
annex 6:11 bnllding 3:18,20 cost 16:11 17:24
anxious 12:22 9:19 10:2,4 12:23 Councilman 1:16 due 10:24
anybody 20:8 15:24 1:17,18 5:20,21
anyone 9:7 14:18 bump 17:14 ~5:22 E
appearance 19:2 County 3:22 E 1:14,14,24 2:2,2
appoint 17:23 C court 1:24 7:25 8:2 21:5 22:5,14
appraisal 14:6,7 C2:2 11:18,2213:2,16 east 4:19 5:15 9:20
15:7,10 calculation 15:6 15:9 Edwards 1:17 5:22
appraisals 17:9 call 18:5 19:10 courts 11:25 efficlenry 6:14
appraiser 14:22 called 16:3 court's 8:11 eihninate 15:5
appraisers 19:12 came 9:16 10:9 creating 12:5 Elizabeth 1:20 4:4
appraiser's 19:14 cumpns 6:15 7:23 creep 18:17 Eminent 3:12 4:25
appropriate 10:13 7:25 erlmlnais 12:3 enclosed 5:3
approximately 3:14 certain 3:14 cross 7:19 enclosing 4:22
area 16:19 certainly 10:18 cup 16:5 end 9:20 15:13
areal 8:20 CERTIFICATION current 6:8,17,23 17:11,12,16,17
around 12:3 22:3 7:3 8:4 engineering 8:15
arrogance 10:14 certified 5:7,10,13 cutting 14:25 enongh 6:16 10:4
13:25 14:5 19:3 certify 22:6 entire 8:21
arrogant 10:15,15 clerk 1:20 3:3,5 4:5 D entrance 7:16
10:22 12:18 19:25 damages 14:24 15:6 error 15:8
Article 3:11 4:24 Clerk's 5:12 Dan 1:16 5:20 Essex 5:24 9:16
ass 16:22 close 20:11 data 17:7 establish 11:6
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estimated 15:12
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every 18:14
evidence 14:5
exempt 11:7,9
Exhibit 8:25 9:4
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existing 3:17 6:9
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expansion 3:19,24
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expect 18:10
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first 9:15 17:2
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flxtnoo 15:14
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flnshln~ 17:4
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four 13:19
four-acre 12:23
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gave 13:10
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meeting 11:21 offices 9:11,18
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SUZANNEHAND &ASSOCIATES, INC. 631.277.2700 888.WEDOEBTs
Page 25
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SI4ZANNE HAND & ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
Page 26
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S~ HAND & ASSOCIATES, INC. 631.277.2700 888.WE DO EBTs
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 19, 2005
2:00 P.M.
REOPEN EMINENT DOMAIN HEARING, SCTM #1000-61-1-3
Present were: Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman William P. Edwards
Councilman Daniel C. Ross
Deputy Town Clerk Linda J. Cooper
Town Attorney, Patricia A. Firmegan
Absent was:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Town Clerk Elizabeth A. Neville
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Eminent Domain Public Hearing of January 5, 2005 be reopened.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli.
This resolution was duly ADOPTED.
Deputy Town Clerk Linda Cooper read the notice of the hearing in its entirety.
NOTICE IS HEREBY GIVEN, that on April 19, 2005, at 2:00 p.m., at the Town Hall, 53095
Main Road (Route 25), Southold, New York, the Town Board of the Town of Southold will re-
open the public hearing conducted and closed on January 5, 2005 pursuant to Article 2 of the
New York State Eminent Domain Procedure Law with respect to the proposed acquisition of the
following described premises for the purpose of expansion, reconstruction and construction of a
new Town Hall facility in Southold:
ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of
Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of
Property of George C. and Margaret A. Stankevich, indicating a portion of property to be
acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New
York", prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises
being more particularly bounded and described as follows:
BEGINNING at a point at the southwest comer of the subject parcel, on the division line
between property of George C. and Margaret A. Stankevich on the north, and property of the
Town of Southold on the south; said point being the following two (2) courses and distances
from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of
Main Street:
1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point;
April 19, 2OO5
Public Hearing - Eminent Domain
2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at
the aforementioned southwest comer of the subject premises, said point being the
point of beginning;
Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West, along the
proposed division line through the property of George C. and Margaret A. Stankevich, a distance
of 131.08 feet to a point at the southwest comer of other property of the Town of Southold on the
division line between the subject parcel on the south and said property of the Town of Southold
on the north;
Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between the
subject property on the south and property of the Town of Southold on the north, 155.52 feet to a
point on the westerly boundary line of other property of the Town of Southold;
Thence along said division line between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at
the southeast comer of the subject parcel; thence
2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at
the southwest comer of the subject parcel, said point being the point or place of
beginning.
Said premises contain 20,514 square feet or 0.471 acres, more or less, and comprise the easterly
one-half (approximately) of the lot identified on the tax map of Suffolk County by the
designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C.
Stankevich and Margaret Stankevich, his wife. Dated: Southold, New York, March 29, 2005
Deputy Town Clerk Cooper read the following letter into the record: "April 5, 2005. VIA
Certified Mail, Return Receipt Requested. Mr. and Mrs. George Stankevich, 74 Montauk
Highway
Suite 22, The Red Horse, East Hampton, New York 11937. In reference to Suffolk County Tax
Map number 1000-6-1-3. Dear Mr. and Mrs. Stankevich: I am enclosing Resolution Nos. 166
and 167 of 2005 in connection with the referenced premises. As you can see from the enclosed,
a public hearing on the proposed condemnation of the referenced property well be held on April
19, 2005 at 2:00 pm at Town Hall. Very truly yours, Patricia A. Finnegan, Town Attorney.'
The Deputy Town Clerk verified that the receipt for the certified mail and returned receipt were
attached into the file. Also in the file were Affidavits of Publication of the Legal Notice. One
affidavit was from Newsday and showed publication dates of Monday, Tuesday, Wednesday,
Thursday and Friday, April 4, 5, 6, 7, and 8, 2005. The other affidavit was from the Traveler-
Watchman stating the notice was published for 2 weeks successively, commencing on the 31st
day of March, 2005. There was also an affidavit stating the notice was placed on the Town
Clerk's Bulletin Board at Southold Town Hall on April 6, 2005.
Councilman Thomas Wickham thanked those in attendance for a coming and asked Town
Attorney Patricia Finnegan to proceed.
Town Attorney Patricia Finnegan added into the record Town Exhibits Nos. 3 through 6
(Exhibits 1 and 2 had been submitted at the January 5, 2005 Public Heating). Exhibit No. 3 was a
document from L. K. McLean Associates dated January 18, 2005 giving a legal description of
the property; Exhibit No. 4 was a certified survey of map of the property of George C and
April 19, 2005
Public Heating - Eminent Domain
Margaret A. Stankevich indicating the portion of the property that the town wishes to acquire;
Exhibit No. 5 was a certified copy of the Southold Town minutes of the Eminent Domain Public
Heating held on January 5, 2005; and Exhibit No. 6 was a copy of the transcript of the January 5,
2005 hearing transcribed by Kristi E. Hatt, Court Reporter.
Following Town Attorney, Councilman Wickham asked if anyone else wished to speak. George
Stankevich indicated that he would like to speak.
George Stankevich Esq. expressed his thanks to the Town Board for the opportunity to meet
again. He stated that although he doesn't agree with the procedure he does feel it is good to talk
things out. He told the board that he had reached out to Supervisor Horton to have to discuss the
matter but was turned down and he felt they had to resort to the newspapers to communicate. He
believes they should all sit down to discuss value and use and future prospects for his property.
The prior public hearing was a "defective" proceeding and that Mr. Esseks must have advised the
town that various key items were needed to lay the foundation for an Eminent Domain procedure
but there seemed to be an unseemly urgency and items for the foundation were lacking. For
example, the map and survey were not included. Also, other important items not in the report
are: the SEQRA, he has not received a copy; the title abstract is not in the report; and there is no
appraisal in the report. He questioned how could he and the public comment at a public heating
without having these items. "It cannot be discussed without the documents." Mr. Stankevich
cited various sections of the Eminent Domain statute. He explained the Eminent Domain
required that the purpose detail the need and location of the project. He reminded the board that
it was an "exclusive" procedure to acquire property and that just compensation was to be paid to
the property owner. The procedure was to allow for public participation in the planning of the
project that would require the Eminent Domain process. The whole Eminent Domain process is
to "encourage settlement and reduce litigation". The process calls for the widest public
participation, which he feels is not being done. The proposed plans are not available. He stated
there should be a review of the present locale and that the Planning Board should be part of that
review. Also an effort should be made to find alternative locations. The Town Board had an
opportunity to pumhase the Pecoific Lane school. The site would be advantageous to the town
since it would place the court system nearer the Police Department. He stated that now he is told
that the site is no longer available; he doesn't know what happened, apparently some "bad
blood". The Town Board also needs to deal with the appraisal. The prior appraisal is deficient
and does not meet state requirements. It must address price, severance and consequential
damages. When the town has another appraisal done, it must be made public. The current
appraisal at $150,000 could increase to over a half a million dollars or more and the town must
incorporate the highest appraisal into its offer. Mr. Stankevich expressed concern that he may
end up "road kill" for something done in haste, citing the Whitaker house as an example. He
explained to the board that ifa successful Eminent Domain procedure occurs but the project is
abandoned, the property cannot be disposed of for private use within l 0 years of acquisition
without first offering it back to the previous owner. He said that the Whitaker House ended up in
private ownership. (Councilman Romanelli reminded the board that the town purchased the
Whitaker House and did not obtain it by Eminent Domain). Mr. Stankevich stated he looked
forward to have a meeting with the board to discuss the appraisal and financial compensation.
He submitted copies of past correspondence and copies of sections from the Eminent Domain
procedure law.
April 19, 2005
Public Hearing - Eminent Domain
4
Councilman Thomas H. Wickham thanked Mr. Stankevich for his comments and asked if anyone
else wished to speak.
Kathy Tole of Greenport spoke. She questioned the board why the public hearing was set at 2:00
P.M. on a Tuesday afternoon, which is not the usual practice for the town's public heatings.
Town Attorney Patricia Finnegan responded that the Town Board has been regularly scheduling
work sessions on alternate Tuesdays and scheduled this public heating to coincide with that
schedule. She explained that the Board has done this with public heatings of this nature in the
past and that this public hearing was first held at 9:00 A.M. on January 5.
Kathy Tole expressed concerned because "some members of this Town Board and various
committees in Town consider property rights a "fundamentalist religion", and that rights are
unaffected by anything else. She questioned why the town would even consider taking up an
area in the "halo" district for a municipal building when it could be used to for better purposes
such as multiple dwellings or affordable housing. The town should and could consider
alternatives. She stated that the Town Board should have looked into to having the Whitaker
house moved and then used that property for a town hall expansion. Should the Town Board go
forward, she expressed the hope that they would use local contractors, that the bidding process
allows preferential bidding for the local workfome. Also, she requested that, if the Eminent
Domain process continues, that any additional public hearings be set as part of the regular Town
Board meetings in the evenings.
Councilman Wickham asked if there was anyone else who wished to speak. There were none.
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that Eminent Domain Public Hearing was closed at 2:43 PM
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli.
This resolution was duly ADOPTED.
Linda J. Cooper
Deputy Town Clerk
S. 58 13' 30" W.
S- 58
TOWN OF
SOUTHOLD
13' 30" W.
POINT OF --
BEGINNING
160.01'
20,660 SF
163,t3'
N. 60 22' 20" E.
20,520 SF
S. 60 22' 20" W. 151.0'
314.13'
O0
I-C~
TOWN OF
SOUTHOLD
BEGINNING AT A POINT ON A WESTERLY LINE OF LAND OF TOWN OF SOUTHOLD,
S. 29 - 30' - 10" E. AT A DISTANDE OF 124ott' FROM THE SOUTHERLY LINE OF
TRAVELER STREET; FROM SAID PIONT RUNNING ALONG SAID LAND OF TOWN OF
SOUTHOLD - 2 COURSES, AS FOLLOWS:
(1) S. 29 - 44' - 50" E. A DISTANCE OF 136.82', THEN
(2) S. 60 - 22' - 20" W. A DISTANCE OF 15'1' +/., THEN
THROUGHTHEL.ANDOFSTANKOVICH- N. 3t-44'-10"W. A DISTANCE OF131' +/-
TO THE LAND OF TOWN OF SOUTHOLD, THEN ALONG SAID LAND N. 58 - 13' - 30" E.
A DISTANCE OF 155.52' TO THE POINT OF BEGINNING, CONTAINING 20,520 S. F. +/-.
L. K. Associates, P.C.
JanuaW 18,2005
Description of property
To be acquired by the Town of Southold
From George C. & Margaret A. Stankevich, reputed owner (Libor 11948, Page 133)
Tax Map Index Number: 1000-061.00-01.00-003.000
All that piece or parcel of land situate in the Town of Southoid, County of Suffolk, State of New
York as shown on a survey prepared by L.K. McLean Associates, P.C. dated January 18, 2005,
said parcel being more particularly bounded and described as follows:
Beginning at a point at the southwest corner of the subject parcel, on the division line between
property of George C. & Margaret A. Stankevich on the north, and property of the Town Of
Southold on the south; said point also being the following two (2) courses and distances from
the intersection of the easterly boundary of Hortons Lane with the northerly boundary of Main
Street;
1 ) North 30°17'40" West, a distance of 212.54 feet to a point;
2) North 60°22'20'' East, a distance of 163.26 feet to the point at the aforementioned southwest
corner of the subject parcel, said point being the point of beginning;
Thence from said point of beginning, North 31°44'10'' West, along the proposed division line
through the property of George C. & Margaret A. Stankevich, a distance of 131.08 feet to a point
at the southwest corner of other property of the Town of Southold on the division line between
the subject parcel on the south and said property of the Town of Southold on the north;
Thence Nodh 58°13'30'' East along said division line between the subject parcel on the south
and property of the Town of Southold on the north, 155.52 feet to a point on the westerly
boundary line of other property of the Town of Southold;
Thence along said division Pine between the subject parcel and property of the Town of
Southold, the following two (2) courses and distances:
1) South 29044'50'' East, a distance of 136.82 feet to a point at the southeast corner of the
subject parcel; thence
2) South 60°22'20'' West, a distance of 150.87 feet to a point at the southwest corner of the
subject parcel, said point being the point or place of beginning.
Said parcel of land containing 20,514 square feet or 0.471 acres, more or less.
Page 1 of 1
Survey No. 05010,000
MAP OF PROPERTY
OF
GEORGE C. & MARGARET A.
STANKEVICH
INDICATING A PORTION OF PROPERTY TO BE
I ACQUIRED BY THE TOWN OF SOUTHOLD
SITUATE AT
N,F N/F SOUTHOLD
ACADEMY PRINTING SERVICES, INC. TOWN OF SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
ASPHALT DRIVEWAY
JANUARY 18, 2005
_ N 58013'30- E _ _ _— _ 155.52' GRAPHIC SCALE
20 a 10 20 40 6°
1076' 2Zd• x 154M I 24.4'
S FENCE
N �w
WH MINE
STONE DRIVEWAY I $JOKY ^! I FENCE I 244 IN FEET
FRAME SHEDN _
as N I L 1 1/2 STORY I Y 1 inch = 20 it,
224, FRAME BARN
I' RHDF
— — OVERHANG N
[TYPICAL)
Ca16
�r' Rp➢F to � N/F AREA OF TOTAL PARCEL = 41 ,204t SQ. FT. OR 0.946 ACRES
Q W TYPIC"A( lL) TOWN OF SOUTHOLD AREA OF PARCEL TO BE ACQUIRED = 20,514t SQ.FT. OR 0.471 ACRES
Q1 AREA OF REMAINING PARCEL = 20,690t SQ. FT. OR 0.475 ACRES
x V I PROOF
OVERHANG 155 30'0• PROPERTY TO BE ACQUIRED a a
333' w➢D➢ 1 6• BY THE
BRICK SIDEWALK PORCH m ®CESSPOOL W
ti T[7WN OF SOUTHOLD a
4 4.5' W i
333' 2 STORY " J all p,p E
MGM u
FRAME BUILDING '�' I
I
T C3 q f56' 1R5, q i. Measurements are in accordance with US Standards.La
y ^ U — — — — zz• ^� — q 2. Unauthorized alteration or addition to a survey map bearing a
W ` Professional Land Surveyor's Seal is a Wolohan of Section 7209,
z of Sub-Section 2, of the New York State Educ IT Law
G h
(y I 2' ROOr R V 3 The deed for the subject parcel is recorded in the office of the
OVERHANG(TYPICAL) clerk of Suffolk County as Liber 11948 Page 133.
Z Z �
i ti 4. Guarantees or certifications indicated hereon signify that this
survey was prepared in accordance with the existing "Code of
WW BRILK SIDENALK I Practice' for Land Surveys adopted by the 'New York
u I Association of Professional Land Surveyors'. Said guarantees
or certifications shall run only to the person for whom the survey
is prepared, and on his behalf, to the title company,
u W o governmental agency, and the lending institution listed hereon
and the assignees of the lending institution. Guarantees or
jd PIPE
certifications are not transferable to additional institutions or
4• E _ Po 163.26'_ _ _ _ _ _ _ _ 150,87' — — CDNL M➢N subsequent owners.
5. Copies from the "ORIGINAL'ofthis survey map, not bearing an
S 60'22'20' W PmErY o 314.13' uTrurr POLc -0 'ORIGINAL'ofthe Land Surveyor's"INKED"or"EMBOSSED"
seal shall not be considered to be a true and valid copy.
EDGE OF PAVEMENT 6 Rights-of-way not shown, are not Cert/fled.
EDGE OF PAVEMENT 7. The survey'closes"mathematically.
ASPHALT PAVEMENT P.O.B.
I EDGE OF PAVEMENT
d, Suffolk County Real Property Tax Map
In District 1000
ti N/F Section 061.00
ti TOWN OF SOUTHOLD Block 01.00
Lot 003.000
Certified to:
q� 1. Town of Southold
4�Of NEW
fULKeRaDy
MAIN STREET ir
0
LAND ND
1 hereby cart' rpap as made from an actual survey completed
n a . 1
MADE BY: KG/JL DATE: 1/15/2005
LOUIS K. McLEAN ASSOCIATES, P .C.
CHECKED BY: FFL DATE: 111812005
CONSULTING ENGINEERS
TRACED BY: MA DATE: 111812005 Roy R. Fulkftj6, AL�SF 437 SO. COUNTRY ROAD
COMPARED BY: RRF DATE: 1/18/P005 NYSPLS No 49500 BROOKHAVEN, NEW YBRK
Jan 19, 2005 - 09,36am
P,\05010.00 (Stankevlch Property Survey & Phase I)\dw9\Acqulstlon Survey.dwg Layout, Layoutl
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