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HomeMy WebLinkAboutKontokosta, E.M. r~~ rr r~ " "c,,, "Crescent Beach Condominium Association ~ ) , ,,, _,\'Itl" , f:1\I IIi i.' " ,'- "", \':' t', HI; P.O. Box 542 il:.T -.----- ----Ii 11 II Greenport, New York 11944 ~..! i" JAN I 7 /986 " . ! :i I ,i., U. i'~'; L____.._ ~<--I TOW.\) OF SOUTH01.0 January 15, 1986 Mr. Emanuel Kontokosta 56765 North Road Greenport, New York 11944 Dear Mr. Kontokosta: I am writing you on behalf of the owners of the Crescent Beach Condominium. During a recent visit to East Marion I observed that the currently vacant land directly adjacent to ours (Cleaves Point Condominiums) is being built up in height with fill being added. The members of our Condominium are concerned that this will eventually lead to flooding and other potential damage to our residences and surrounding property. We are asking that this risk be addressed at this time before any additional work is undertaken Failure to 10 so will result in our holding you, the Board of Managers of the Cleaves Point Condominiums, and the owners at the Cleaves Point Condominiums responsible for any subsequent damage that may result to our units and property. I am sure that you share our concern and will work toward a satisfactory resolution. Sincerely yours, ML/mjc CRESCENT BEACH CONDOMINIUM ASSN. '-I: . J,. ~LUt'-'-I<.~:...... MUI'U-<<<G Martin Lieberman, President 'c Board of Managers cc: Board of Managers, Crescent Beach Condominium Association , - - ____ - ~_. ---.I Board of :-'lanagers, Cleaves Point Condominiums------.. Supervisor, Town of Southold .,/' ~ ~ ~ ~ /,0 ~O Building Dept., Town of Southold --------- - (l, i., ..--.-.....-...----... '/Y'~;::r- I//t:--- F.?t-v $"-- Ct?/. ...,' ,,'. KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e,m, kontokosta p.e. gary rogers r.a. April 11, 1983 Mr. William R. Pell, Supervisor and Members of the Town Board Southold Town Hall Southold, New York 11971 TOWN OF SOUTHOLD Re: Jem Realty Dear Mr. Pell and Members of the Town Board While speaking to Mr.Lessard on other permit matters, it was brought to my attention that some concern was expressed by either a member of the community or the Town Board regard- ing the minor excavation at the north end of the 63 acre par- cel immediately behind Porky's Restaurant. Althouqh we do not consider this to be a hazardous condi- tion, so as not to create undue concern by the surrounding residents, we have instructed Mr. Terry Latham to regrade and respread the topsoil mrer the subject area. Mr. Lessard was informed of our intentions so that he may be prepared to respond to possible community inquires regarding the con- struction activity. ~ We hope this action will alleviate any further concerns ::;;(~iO". "~~,~ EMK/ck Orig. V-;' ~ 1//- T.C. V.l. P.!lv. v~ ./ .~ Co;'os Pidg. C2te File J;Y. . . TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 DATE: February 22, 1983 TO: Town Supervisor William R. rell, III Executive Administrator Victor Lessard~_ SUBJECT: Gem Realty Excavation FROM: After receiving instruction to go out and look at the property in question, I first researched all action taken by the Town Board and stipulations that they had laid down for a mining permit, on 3/23/82. With this knowledge, I physically inspected the property and conclude the following: 1. No further action of any type was taken after the March 23, 1982 hearing 2. Most of the 19+ acres was not disturbed, based on type of vegetation, except for area exca- vated and top soil pile immediately south of hole 3. Rough estimate of 10,000+ yards was removed from excavation 4. Excavation, average distance from top of sound cliff, would be approximately 50 feet. Suggested action: 1. A fine be imposed for mining without a permit. 2. Town be paid normal fee for removal of 10,000~ yds. 3. Because of encroachment to the Sound Cliffs, owner must put area back into natural state prior to excavation. Laws are made to obey. t' . . >,' , ~ '---- ~'rl2..of~.z:\", t- ,~.o" , +- .:::- I~- ~" i.o --;p- 1;'0 Go<:) \ C) t:::o 7} "-J ~q -~r. ~ "., 6' <:1 I b 11\ c> . TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 C', \ 0~Ui0q . a'\ l.c '-1-4-:" 0 c- \ ",,';)c-.)r...;<::\ :y,\ U'U t ~ I -L, '- r (p 0-0 - .FJ(CAVAi,<,>\.) --f- 'l'-.. 1/)/0 U r...) :E,.,T'tn,,>-'''' '-' ,--\"L -= d \;, C::I'Y1 ~ V t: ccc )'~ C <:". \ G' "'C:- H :<\\c- ~. ~- c 10" ou c' "-'-' 'l", _271 . .:lID",.:..; C'_-' . -~}Q <::l <:, n "'-I..I'P'(.. S:-T. <7 r- __ 'T ....0 ~.... ____-t- +- , c- C'''-. TEL. 765-1802 -.r.. " ..L CI' --L -J V) -C,) -+ ~CC~ if J~ ] \ T ( r ?~r'C!Mr- '--.'~ . ~ KONTcI~~~~A'''~;~OCIA TES · ENGINEERS! ARCHITECTS J,) ,) 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers La. Feb. 9, 1983 Mr. Lawrence Murdock, Chairman, Zoning Code Committee and The Town Board Town of Southold Southold, New York 11971 Dear Mr. Murdock and Members of the Town Board. with the enclosed copy of my letter to Mr.Victor Lessard, I take this opportunity to express my concern in the strongest possible terms to both your committee and the Town Board as to the manner in which both Mr. Hindermann and Mr.Lessard handled my application for the permit of Building No.3 at Cleaves Point Village. The delay of 17 days while Mr. Hindermann contemplated his ability to review said plans, and then deciding to forward them on to the State Code Bureau for their review was completly unjustified. If a reasonable effort was made during this period of time to ascertain the degree of complexity of these plans, I am certain that Mr. Hindermann would have found the plans to be simple and could have examined them in several hours. In contacting the State Code Bureau, I was informed that the plans were received by their office on Feb. 7,1983 (22 days after the date of filing). They expressed surprise that a "simple" 3 plan set of drawings could not have been examined on a local level. However, they felt that since the building inspector requested a complete examination, it would take 60 to 90 days before their schedule would permit a complete review. Upon receiving their coments, I anticipate that some crossing of "t"s and dotting of "i"s will be required causing a further delay of 30 days, thus requiring a total of approximately five (5) months for the permit process to be comp- leted in the Building Inspector's office. This unilaterly imposed moratorium can not be tolerated. Cleaves Point Village is a multi-million dollar project where every delay causes undue economic hardship to everyone connected with the project. The workmen, of which 80% are residents of Southold, should not be forced to needlessly lose wages. Building No.3 must be ready for selling during the spring season. Mr. Murdock and Members of the Town Board, I am appealing to you for relief from this_unjust and autocratic situation. " '"l ,~ ~, ~:~~~: - EMRick Enclosure . . . KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 21 ~582-61 00 e.m. kontokosta p.e. gary rogers r.a. March 30, 1982 o ~ce~o~~rn1: I MHII2I~ TOWN OF SOUTHOLD Mr. William R. pell,III Supervisor Town of Southold Southold, New York 11971 Re: Soil Removal Permit Jem Realty Co. Dear Mr. Pell: I have this date received the notice of approval for the excavation permit and I was rather disappointed with the restrictive conditions imposed on the implementation of the proposed work. The terms were so restraining that for all intents and purposes, the permit was denied. Allow me to analyze the situation as I see it. 1. Preparing financial statements and soliciting a bonding company for obtaining a performance bond.........lO days 2. Restore prior excavated area..............................2 days 3. Assume non-working days due to inclement weather..........6 days 4. Restoring and re-seeding site.............................4 days 5. Excavating 30,000 yds of material at an average of 800 ydsjday....................................... 38 day TOTAL NUMBER OF DAYS REQUIRED TO PERFORM THE WORK...........60 days TOTAL NUMBER OF WORKING DAYS IN APRIL & MAY.................42 days As you can see, assuming the best of conditions and assuming that the excavating contractor is able to devote all of his time and resources to this project during his most active period of the year, I would still need 18 additional days to perform the work. To accept this approval will undoubtedly result in the forfeiture of the bond and the loss of my credibility to the Town Board, neither of which I would want to happen. '-~~~w~- . . To:Mr. William R Pell,III Soil Removal Permit March 30, 1982 Page 2 of 2 I would respectfully request that the Town Board reconsider this application within the parameters of the restrictions listed in the resolution, but with the following modifications: 1.The amount of fill to be removed is to be decreased to 15,000 yds; (an amount which can be reasonably excavated during the allocated two month period. 2.The area excavated without the permit is to be restored no later than the first week of operations, so as to utilize the slack period when the front end loader is not loading trucks. 3.The work required to restore and re-seed the excavated area is to be done the first week in June. 4.The requirement for the bond/cash be waived since my commitment, both personal and financial, to the Town of Southold is an obvious one. I am certain that there will be opportunities in the future for the Town Board to express its displeasure if I do not fulfill my obligation. I appreciate your time and efforts on behalf of this application and hopefully await your favorable response to this request. ~. EMK/ck r . ,~: '< - '(>~,- '\:~ ~.< . V' , ~ f. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL Sl.\ rlSTles i' Town Hall, 53095 Main Road P.O. Box 728 SoutholJ, New York 11971 TELEPHONE (516) 765.1801 c~~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 26, 1982 Mr. E. M. Kontokosta 43 West 54th Street New York, New York 10019 Dear Mr. Kontokosta: Enclosed herewith is your Excavation Permit, together with the March 23rd resolution of the Town Board setting forth the conditions under which this permit is issued. In accordance with Chapter 81, Soil Removal, Section 81-11, at this time there is an additional fee of $600.00 due. This fee is based upon $10.00 for each five hundred cubic yards or fraction there- of of material to be excavated. Very truly yours, ~~L'~~r Judith T. Terry Southold Town Clerk Enclosure ~ -. d. ! . . EXCAVATION PERMIT i! PERMIT is hereby issued to E. M. Kontokosta, for Jem Realty Co. (owner), residing at 43 West 54th Street, New York City, New York 10019, for the excavation of sand, gravel, stone or other I' materials from premises located north of Main Road (Route 25), :: Greenport, New York, generally described as follows, to wit: Northerly by Long Island Sound, easterly by Brecknock Associates, southerly by Route 25, and westerly by P. Sinuta, Town of Southold and others. This permit issued pursuant and subject to the provisions of the Southold Town Code, Chapter 81, Soil Removal, and subject to the ii i terms and conditions of resolution of the Southold Town Board adopted March 23, 1982, copy of which is annexed hereto. 'I i: !' DATED: March 23, 1982 Ii i; ~~*-:z~ Judith T. Terry r7 "" Southold Town Clerk 'I , i: . , '. t . . RESOLUTION OF THE SOUTHOLD TOWN BOARD ADOPTED AT A REGULAR MEETING HELD ON MARCH 23, 1982: WHEREAS, E, M. Kontokosta, for Jem Realty Co. (owner) by app1ica- tion dated January 25, 1982 applied to the Southold Town Board for a permit to excavate sand, gravel, stone or other materials from premises located on the northerly side of Main Road, Greenport, New York, bounded generally northerly by Long Island Sound, easter- ~ : ~ i ly by Brecknock Associates, southerly by Route 25, and westerly by P. Sinuta, Town of Southold and others, and WHEREAS, the Town Board held a public hearing on said application on the 9th day of March, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue a permit to E. M. Kontokosta, for Jem Realty Co. (owner) for the excavation of approximately 30,000 cubic yards of sand, gravel, stone or other materials from the above described premises, subject, however, to the fOllowing terms and conditions: 1. The land between the proposed northerly line of the proposed excavation and the Sound bluff which was previously excavated without a permit be restored to its original condition ii i before any excavating operations on the remainder of the property commence. 2. The excavation and rehabilitation operations take place only on those areas shown on the rehabilitation plan filed with the Town Board. 3. A performance bond in the amount of $10,000.00, or cash in the amount of $10,000.00, be posted to guarantee rehabilitation. 4. All operations be completed by May 31, 1982, including the seeding of the site. * * * .. " . . PUBLIC HEARING MARCH 9, 1982 3:00 P.M. IN THE MATTER OF THE APPLICATION OF E. M. KONTOKOSTA FOR JEM REALTY CO. FOR A PERMIT TO EXCAVATE SAND, GRAVEL, STONE OR OTHER MATERIALS Present: Supervisor William R. Pell, III Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Councilman John J. Nickles SUPERVISOR PELL: I'd like to call for Jem Realty Co. to order today. ask Councilman Murdock to read the this hearing of E. ~. Kontokosta It has been advertised and I will public notice. COUNCILMAN MURDOCK: "Notice is hereby given that in accordance with Chapter 81 of the Code of the Town of Southold, a public hearing will be held by the Town Board of the Town of Southold at 3:00 P.M. on the 9th day of March, 1982 on the application of E. M. Kontokosta for Jem Realty Co. for a permit to excavate sand, gravel, stone or other materials from premises located on the north side of Main Road (N.Y.S. Route 25), Greenport, New York, east of Sound Avenue, bounded north by Long Island Sound, east by Brecknock Associates, south by Route 25, and west by P. Sinuta, Town of Southold and others. Any person interested in the above matter should appear at the time and place above specified. Dated: February 9, 1982." I have an affidavit from Patricia Wood of the Long Island Traveler-Watchman which published this notice and I have an affidavit from Troy Gustavson on behalf of The Suffolk Times that the notice was published in their paper. I have a notice from the Town Clerk Judith T. Terry that the notice was published on the Town Clerk's Bulletin Board on the 11th day of February, 1982. I also have a letter dated March the 6th from Otto Uhl, Jr. representing his opposition to this activity. I also have a letter from Mr. and Mrs. Victor A. Brown dated March 3rd. 1982 registering their objection to this activity. SUPERVISOR PELL: Thank you. held. The advertisement was wish to be heard in favor of and be recognized. I'd like to say this is a hearing being just read by Councilman Murdock. Anybody the applicant please identify yourself EMANUEL KONTOKOSTA: I am the principal of Jem Realty the owners of the property up on the North Road of approximately 60 acres. The application has been filed for the removal of approximately 30,000 cubic yards of material from the subject premises. The application .. PAGE 2 - E. M. Kont~sta for Jem Realty Co. ~ and the use of this material will be transported down to the project down on Shipyard Lane. We we appeared before the Town Board a request was made by the Town Attorney for a copy of the mortgage and this copy of the mortgage has been presented to the Town Attorney at this time. I distributed maps of the subject premises designating the area that's to be affected by the excavation which consists of approximately six acres and the area that will be affected by the rehabilitation which is approximately 12 acres. The sequence of operation is also listed on the given map. We propose to excavate in a manner which will be commonly referred to as bank excavation. The depth of the excavation will be no greater than six feet. It will begin at the zero mark and go up to a depth of six feet. It will encompass an area, as I said before, of approximately six acres. Once this fill has been removed or the material has been removed we propose to rehabilitate the entire area by regrading an area of roughly 12 acres and re- spreading the top soil over it so that the net result after this entire operation will be a change of grade of approximately a foot and a half and no more than that. I have nothing more to add. Mr. Supervisor I will be glad to answer any questions that may come up. SUPERVISOR PELL: We would like to make sure we understand. This is a hearing. The Town Board meeting is tonight at 7:45 and I see many people here and I think some might be here for a Town Board meeting. The Town Board meeting is 7:45 tonight. There is a hearing on Community Block Grant tonight at 7:30 so 7:30 for the Community Block Grant and the Town Board at 7:45. Does any Councilman have anything they would like to ask Mr. Kontokosta while he is here? JUSTICE EDWARDS: I just have one question. This Sound Avenue-- I'm going to ask Joe first, Joe is this the property we walked down? COUNCILMAN TOWNSEND: That's right, yest. JUSTICE EDWARDS: Okay, then Sound Avenue, at the end of Sound Avenue is where they call 67 Steps? MR. KONTOKOSTA: I'm not sure. SLTERVISOR PELL: Yes. JUSTICE EDWARDS: You've got some areas that are cross-hatched in here, an Area "A" and an Area "B"? MR. KONTOKOSTA: That's correct. JUSTICE EDWARDS: This area that is proposed here, you started to take out already. MR. KONTOKOSTA: Well, we started to strip some of the top soil. JUSTICE EDWARDS: Started to strip already. Now, Joe and I walked over this and I see a scale of 1" to 100' and right now you're within 100 feet of the bluff line that you excavated and here you show about 300 feet as your proposed excavation and you're within PAGE 3 - E. M. Konto4tsta for Jem Realty Co. tt 100 feet of the bluff line already. MR. KONTOKOSTA: I had Terry Latham who's doing the work go up there and pace it off. He tells me that the disturbed material is approximately 170 feet from the bluff line. A quick look at the map based on a 1" to 100' scale I'd say the shaded area is within 200 feet of the bluff line. JUSTICE EDWARDS: Joe, comment? COUNCILMAN TOWNSEND: Well, Mr. Kontokosta, I paced it off and my normal pace is three feet and it came to about 89 feet to where the bluff fell off sharply. MR. KONTOKOSTA: We will limit the work that's to be done within to the area that's shown on the map and we will restore whatever has been done. Now Latham tells me it was approximately 170 feet that he paced off. JUSTICE EDWARDS: My only problem is it's much too close to the bluff now, and it's more than six feet from the top to the bottom of the deepest pit. MR. KONTOKOSTA: Again, we will rehabilitate whatever is there and work only within the given area that is shown on the map. COUNCILMAN TOWNSEND: How long a time do you think this could be accomplished to excavate this 30,000 yards? MR. KONTOKOSTA: Well, I think the ordinance allows for a year or maybe not a year, I think it's on a fiscal year to December 31st. So we'd like the permit to extend up to December 31st. I'm certain that this work will be completed before then. I'm a little concerned, we don't want to be traveling along the Main Road during the summer months so we'd like to get started as soon as possible and whatever work has not been done prior to Memorial Day possibly we will do after Labor Day. And the 30,000 yards by the way is a real guesstimate. We're not sure how much we're going to need but I'm sure that 30,000 yards is a maximum figure. Maximum. SUPERVISOR PELL: When you first applied for a waiver of this you said it could be done within six working days or something like that. MR. KONTOKOSTA: Well, we were referring to approximately 6,000 yards and we were limiting the activity to I think six working days and we were limiting it to Tuesday, Wednesday and Thursday for a period of two weeks. We could be more specific but we think we could move roughly a thousand yards a day. But there are so many factors that come into play here and it's hard to really pinpoint. But assuming we were to require 30,000 yards we would need approximately 30 full working days and we'd like to be selective. We would like the people to vork three or four days and then maybe wait two or three weeks and then go another three or four days and so on. This way it will give us an opportunity to carry the fill over, spread it where required and go back over it again. Unless the Board feels otherwise, we'd be glad to adjust our schedule to the public interest at this point, PAGE 4 - E. M. Kont~sta for Jem Realty Co. tt the public safety. COUNCILMAN MURPHY: There is no real estimate of how much you need on the other site? MR. KONTOKOSTA: A rough guess is about 30,000. Probably less. SUPERVISOR PELL: I have a problem. First if we waive what you asked us to the first time you were going to do it in six days and take 6,000 yards. Would you have been back here again to go for more or would you have been satisfied with what you had in those six days? MR. KONTOKOSTA: Well, if we had to limit ourselves to 6,000 yards we would attempt to remove some of the fill that is on the high ground at Shipyard Lane to meet any deficit or deficiency in the amount of fill that we need. SUPERVISOR PELL: Councilman Murdock. COUNCILMAN MURDOCK: Two weeks ago, Mr. Kontokosta, when we outlined the rough project you said that you were going to--you had 60 acres available to ameliorate the problem and bring it back to where I think you said at that time maybe a total depth decrease of six to nine inches. Now I see you're using 12 acres to a depth of a foot and a half. I'm not really concerned that it's a foot and a half and I'm probably the only member of the Board who hasn't been able to get up there to look at that yet so I can't tell you that a foot and a half would be bad. Going by the contour lines it seems like you've got a depth--an elevation of 24 to 39 feet on the property so a foot and a half more than 22 feet isn't in my mind extreme, but I am concerned that you have a sudden drop off and I am also concerned about the length of time that we're going to allow a hole that may be six feet deep to exist. I know there are homes all along the area and we have letters from people saying that it is fairly popular with the younger members of our Town and are concerned about a six foot hole being unfenced. Whether people would use your prop- erty legally or illegally to me is not the problem. The problem is now allowing something that could be that dangerous to somebody either on a bike, walking in the dark, chasing their dog. A six foot hole for a period of a year to me is a pretty big hole and would require some sort of safety measures. Whether lighting at night or whether you have a watchman. I couldn't tell you what I would suggest, except that having a hole six foot deep of that dimension for a year would bother me as not being diligent in the safety of the Town's people. MR. KONTOKOSTA: Mr. Murdock I appreciate your concerns. I think certain measures can be taken. Number one there's an access road that goes on to the property. I've been informed under prior circumstances that the younger members of the Town have used the property by driving up through that access road and located their car on the bluff and appreciated the moonlight. I think what we could do is somehow every evening protect that access road by putting a log across it. Something that would prevent an automobile from traveling on to the property. May I suggest that possibly putting PAGE 5 - E. M. Kontottsta for Jem Realty Co. ~ a small fence up around the deeper portion of the excavation, the six foot portion under its worst condition which might help anybody who's wandering on that property to be alerted to the fact that there is an excavation there. And of course number three, just from the practical matter, the biggest threat upon on the property is the drop which is a 30 to 40 foot drop from the bluff, so that could be the biggest threat up there but I think that threat exists throughout the entire shoreline in most cases on the North Road. I don't know what I can do about that. I think that's a natural situation. But as far as six foot excavation I think possibly a fence might help the situation. COUNCILMAN TOWNSEND: I think it would be helpful if we reviewed some of the things you went over with us prior to this about how it is going to enable you not to destroy the topography of the existing place and also what makes this hearing necessary in that you are moving stuff across the road from two separate parcels. If you were for instance building the condominiums on this piece of property you would not have to have a hearing like this or require a special permit. MR. KONTOKOSTA: Before I do I think I didn't answer your question quite thoroughly Mr. Murdock and that is during our Town Board meeting we were discussing one foot; I don't think the question of eight inches came up. I think I raised the question of possibly dropping the elevation by one foot. You were kicking around, I think, twenty acres, rehabilitating the twenty acres. I went back to the office and we conducted a calculation that is shown right above the name plate on the drawing and we worked it out so that by limiting the rehabilitation to a minimum of 12 acres the net result was approximately a foot and a half throughout and from the practical matter we thought it was the best approach. We could spread this out over 20 acres but it just means disturbing the natural terrain that much more and I don't know if that is warranted in this particular case. Going back to Mr. Townsend, we have choice of obtaining the necessary fill from the high ground on Shipyard Lane right immediately behind the condominium project. It's a nice green belt up there and I find it rather objectionable to touch that green belt because we find it very aesthetic from everyone's point of view; from the neighborhood's point of view, from the condominimum project point of view. When you look out the back windows of the condominium project you see a beautiful green belt which if we were to disturb you would be look on to a barren farm--I wouldn't want to call it a barren wasteland--but a farm which extends all the way-- an open field extending from the condominium all the way up to the North Road. We felt that a natural barrier or this so-called green belt--maintaining that belt would be to the best interest of every- one concerned. And for that reason we took the other viable alternative since we do own the property up on North Road, the 60 acres behind Porky's Restaurant, that that be the most viable solution to the problem which in essence would minimize any effect on any greenery and when we get finished with it there won't be any noticable effect from the natural point of view. SUPERVISOR PELL: Anyone else on the Board have anything they would like to ask Mr. Kontokosta? PAGE 6 - E. M. Kont~sta for Jem Realty Co. ~ COUNCILMAN MURPHY: You do intent to plant grasses and trees back on it? MR. KONTOKOSTA: There are no trees there. About the grass, I think if we wait long enough the weeds will come up as high as they are now. I don't know if planting grass seed is a necessity but if you feel that way--- SUPERVISOR PELL: Anybody else wish to ask anything, any Town Board member? MR. KONTOKOSTA: There is, from what Terry Latham tells me, by the way, a question of how much top soil was up there. There's about a foot, foot and a half of top soil so that's quite a bit. The last time someone mentioned the fact there was only about eight inches of top soil, but there is quite a bit of top soil. So there's more than enough to spreak back over and I'm sure there are enough weed seeds in that top soil to take care of any greenery. SUPERVISOR PELL: If not you could help put some there. MR. KONTOKOSTA: Well, if we have to, some rye grass. SUPERVISOR PELL: We thank you. Does anybody else wish to be heard in favor of the application? In favor of the application? (No response.) Does anybody wish to be heard in opposition to the application? Mr. Verity. MR. JARVIS VERITY, Greenport: There's a lot of children up in that neighborhood up there and if like Mr. Murdock said if you go deep and any of those children go around there somebody could get hurt very bad and if you put machinery and stuff in there you'll have to have somebody to watch it all the time up there and if he's going to use the Main Highway with trucks going along the highway, there's a lot of traffic and stuff that goes through there on the highway and we have a lot of summer people in that neighborhood there and I don't know when he's going to take all this gravel, take the stuff of there. I want to ask you, is he going to take anything off the beach, down off the beach? SUPERVISOR PELL: No. MR. VERITY: Nothing off the beach. SUPERVISOR PELL: section of land, Sound bank. The application is for right in the middle of that 60 acres section to the north a little bit to the MR. VERITY: I'm interested in anybody getting hurt in there. SUPERVISOR PELL: Anybody else wish to speak in opposition to the application? MR. DANIEL GLADSTONE: I own a piece of property on Sound Road and I'm concerned about a number of things. One is that the fill which was originally going to be removed was originally 6,000 cubic yards PAGE 7 - E. M. Kont~sta for Jem Realty Co. ... and now it's 30,000. I don't understand how the number got to vary so widely and what assurance there would be that it wouldn't continue to escalade. Another problem is Mr. Kontokosta was talking about the aesthetics where the condominiums are to be built. Well, I'm concerned about the aesthetics of looking into an open pit for a year or for however long it's going to take for it to be done, for the houses all around there. And there is access not only from the east on that road but also through a public park from the west and I think it's going to be a difficult problem to keep it safe for our children. SUPERVISOR PELL: Thank you. All your remarks will be in the record for the Board to review. Anybody else wish to speak? MRS. JUDITH FISHER, Sound Road, Greenport: I'm also concerned about this pit with the children. I don't think that just putting a log across the access road is going to keep the kids out of there. Rather than going to the expense of a fence which is going to be a very inviting obstacle, I think for kids, would it not be another possibility of grading out that hole somehow and then reseeding it so that it's not just a deep pit. Couldn't it be excavated out and smoothed out a little bit. SUPERVISOR PELL: Possibly. The Board will take that into considera- tion if it does issue a permit. COUNCILMAN MURPHY: I believe that's what he's doing by taking that one area and going down to six foot and then going to about twice the area and regrading. It's to balance the job out. What they do is strip the top soil over the whole 18 acre site and then in taking the biggest depth of six foot from a six acre site and then using the 12 acres to blend and bring the top soil back so you don't have--you won't have that big typical sand and gravel pit. SUPERVISOR PELL: Thank you, Mrs. Fisher. Anybody else wish to speak in opposition to the application? MR. JOE OZARK, 44 Sound Road, Greenport: I'm still a little worried about the t imeframe for this proj ect. If he can pull 1000 cubic yards, which is about 30 to 45 truck loads out a day, I don't see why this thing has to go longer than a month. Why can't it be covered over as soon as possible. Just keeping it open is just going to exaggerate all the problems that could possibly happen. SUPERVISOR PELL: Thank you. It will be considered by the Board. As I say, this is a hearing for input. Anybody else wish to speak in opposition to the application? (No response.) Does anybody wish to be heard at all on this application? Mr. Kapell. MR. DAVID KAPELL: I speak as an agent for Mr. Kontokosta, but I would like to point to Mr. Kontokosta's demonstrated ability to landscape projects that he's undertaken and specifically the Sea Breeze Condominium project on the North Road which I think everybody recognizes worked out very well from a landscaping standpoint. The gentleman does good work. SUPERVISOR PELL: You are his agent? PAGE 8 - E. M. Kont~sta for Jem Realty Co. ... SUPERVISOR PELL: You are his agent? MR. KAPELL: I am his agent. MR. GLADSTONE: I just want to know, would there be any industrial equipment erected on the site temporarily or would it be left there? Sifters or washers or anything like that? SUPERVISOR PELL: Mr. Kontokosta will have a chance to answer that. Does anybody else wish to address the Board before I wind this up with Mr. Kontokosta? Mr. Verity. MR. VERITY: gets hurt up job up there for it? I want to know who's going to be responsible if somebody there, the Southold Town Board or this gentleman? On that if one of the kids was hurt. Who's going to be responsible SUPERVISOR PELL: Mr. Kontokosta. MR. KONTOKOSTA: There's an obvious concern as to the time element here. May I make a suggestion that possibly the Board considers a permit up to December 31st with no work to be done in the summer months. In other words, break the project up into two stages. When we get finished with the first stage prior to Memorial Day weekend we could regrade the area that we're working with so that there is no safety problem during the summer months and if there's any more fill that may be required we could resume any activity probably after Labor Day. We could limit our work of course to weekdays which would indicate a minimum amount of traffic on North Road. The other question that was raised regarding industrial equipment I want everyone to know that the only piece of equipment that will be required up there is going to be a front end loader. One piece of equipment, a movable piece of equipment. We're not in the mining business. We don't intend to mine the property. There will be a frontend loader loading the trucks. We could tell Terry Latham that every evening he could move the equipment closer to the road to prevent any children from using it as a toy and possibly have a chance to get hurt. We could line the property with signs "No Trespassing". I don't know how much good that's going to do with the younger group. The other thing, of course, is like every other land owner if anyone gets hurt on the property it is the reponsibility of the owner. If the person is trespassing well he shares the responsibility along with the land owner. SUPERVISOR PELL: Not the Town. MR. KONTOKOSTA: Not the Town. SUPERVISOR PELL: I want to wind this up. go up. Yes, sir. I see a couple more hands MR. GLADSTONE: I wonder if Mr. Kontokosta could move the excavation slightly to the east further away from the houses and further away from 67 Steps where probably most people get on to the lot. MR. EGISH: I live on Sound Road. I'd like to know where all these PAGE 9 - E. M. Kont~sta for Jem Realty Co. ~ trucks are going to go, up Sound Road or up the access road? SUPERVISOR PELL: We will get back to you. Somebody elses hand went up over here. Anybody else wish to be heard? MR. DONALD CURRY: I also have a residence on Sound Road. I would further the suggestion that the problem of the path that goes from the 67 Steps beach, I guess that's east, quite a number of people whether they are adults or children in all hours seem to go along there and use it to go along the beach. It seems to be a continuation of the park. I wonder if there could be a demarkation zone there. Right now the excavation IToes right up to that path. It's very--I must admit it isn't dangerous at the moment but the earth has been turned right up to the path and if there could be a 100 feet or whatever is necessary to seem safe I think would help. SUPERVISOR PELL: Thank you. Mr. Kontokosta. I would like to wind this hearing up. MR. KONTOKOSTA: The question of the access road and the path that the truc.ks would be taken and there is no question that the trucks would use the existing access road and would exit or enter onto North Road and not up and down Sound Avenue. The question of moving the excavated area--if I recall correctly there may be some kind of a limitation in the Town ordinance as to how close I can get to the property line. After studying it I selected this particular area as the--as meeting all the criteria in the Town ordinance. Now we can move it further east if it's the wish of the Town Board. SUPERVISOR PELL: Thank you. Is there any Councilman who has a~ything they would like to ask? Mr. Townsend. COUNCILMAN TOWNSEND: One question about drainage. If it is going to be left at a gradually declining pit to a depth of six feet, is there going to be any--have you thought about drainage and the possibility you might have a pool or manmade pond that might cause a further hazard to the people. Has there been any discussion of that? MR. KONTOKOSTA: Well, keep in mind now that it will not be a pit per se. It will be an excavation that will begin at zero and at its maximum depth will go up to six inches--six feet. If there is any---and the other fact by the way is that a good portion of it is sand, there is some loam but a good portion of it is sand so there's natural drainage there. I don't think a pond will develop. SUPERVISOR PELL: Any other Councilmen have anything they would like to ask? (No response.) If not I will declare the hearing closed. Thank you very much. * * * ;;45 .- /~~ ~--..../~7g" . udith T. Terry Southold Town Cle k . . ARGIRIOU & FINKEL ATTORNEYS AT L.AW to EAST 40TH STREET SUITE 1012 NEW YORK. N.Y. 10016.0258 696-9340 ARTHUR ARGIRIOU BERNARD FINKEL HARRY Z. KAUFMAN COUNSEL CERTIFICATION STATE OF NEW YORK : SS.: COUNTY OF NEW YORK The undersigned, an attorney admitted to practice in the Courts of the State of New York, certifies that the within Mortgage and Riders have been compared by the under- signed with the originals and found to be true and complete copies. The undersigned affirms that the foregoing statement is true under the penalties of perjury. Dated: New York, N.Y. March 4, 1982 /~-.{~ ~ ~~ ?l~<kUa..- aA--- '. p~~ _d/?/F.::u '.umlu.l ". Y . '- , I ,'rill !WH' '1.1IIM I,' 'I."., '.. 'I CONSULT YOU~ LAWY"FORE SIGNING THIS INSTRUMENT-T~'S INAMENT SHOULD 8E USED 8Y LAWYERS ONLY THIS MORTGAGE. made the I fl-/.. day of j(p/l,/ L.. . nineteen hundred and 7 'i BETWEEN Jem Realty Co., a general partnership, of 26 Court Street Brooklyn, New York , the mortgagor. and JOHN E. RATH 120 Cambridge Avenue Ga:cden City, New York , the mortgagee, WITNESSETH, that to secure the payment of an indebtedness in Ihe sum of THREE HUNDRED TWENTY FIVE THOUSAND ($325,OOO.00)--------------dollan, lawful money of II\!, United Slates, to be paid TEN YEARS FROM 'l'HE DATE OF THIS MORTGAGE ( Irfft//. If; 1'1 f7 ) PAYABLE AS FOLLOWS: (SEE ATTACHED RIDERl ( No.1 Interest will be paid on the unpaid balance of this Purchase Money Mortgage computed from the date hereof, :WiIIs:iatj!a!sbl.heu.:m~~wOllilll!bl,\IlU,~:tlated"'_.. at the rale of 7-1/2 per ccntum pef annum, and 10 be paid on the 1011{ day of Jill/ii 19/ r. _eno;lIin$;!,lH! trn."'~, . and thereafter payable quarterly (on the last day of each quarterly period in a calendar year) on the then outstanding balance of princip, according to a certain hund, note or obligation h('arin~; ('\'('11 {!:ill' l"..'n'with, Ill(' lI\(Jr!g-a~:(jr hl'n'hy lJlort~g{'s to the mortgagl'r ALL that certain plot, piece Of parcel of land. with the hllihting-s alld improvcments thereon erected, ~ituate, lying and being i:8.he= near Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of North Road where the same is intersected by the westerly side of land now or formerly of F.C.P. Haneman, formerly Grace Robinson; and from said point of beginning running thence along the northerly side of North Road the following courses and distances: (1) South 780 09' 20" West 329.44 feet; (2) South 750 15' 00" West 246.26 feet to other land now or formerly of Sinuta; running thence along said land North 26" 56' 20" West 240.77 feet to land now or formerly of Walter Sledjeski; running thence along said land the following courses and distances: (1) North 300 58' 00" West 198.28 feet; (2) South 660 00' 30" West 389.47 feet to land now or formerly of Harrower; running thence along said land and along land of other owners the following two courses and distances: (1) North 270 47' 30" West 548.67 feet; (2) North 270 33' 20" West 1306.69 feet to Long Island Sound; running thence along the same the following courses and distances: (1) North 600 32' 20" East 356.27 feet; (2) North 580 10' 00" East 386.00 feet; (3) North 660 la' 00" East 342.00 feet; (4) North 790 13' 30" East 357.33 feet to said land now or formerly of F.C.P. Haneman; running thence along said land the following courses and distances: (1) South 210 34' 40" East 410.0 feet; (2) South 21" 05' 30" east 982.87 feet; (3) South 760 30' 30" West 376.40 feet; (4) South 300 16' 30" East 1085.53 feet to the northerly side of North Road, at the point or place of Beginning. I .' .. TOGETHER with. the right, titl and in'iY'rest of the parties of the first part 1 and to lands unG2r the water of Long Island Sound adjacent to said premis.es and lands, if any, lying between premises above described and Long Island Sound. Being the same premises described in deed from Time Structures Inc. to John E. Rath, dated November 3, 1977 and recorded November 3rd, 1977 in Liber 8337 Mp. 114. Said property is the same premises conveyed to the mortgagors by the mortgagee by a deed bearing even date with these presents, which are given to secure the payment of the purchase money of the said property. TOGETHER with all right, title alld illterc,t of the mortgagor in alld to the land lying in the streets and roads In {flint of and adjoilling said p:-cmiscs; TOGETHER with all fixtures, chattels ;",,1 articles of personal property 110w or hereafter attachrd to or used in connection with said prellli~cs, including' hut !lot lunill'd to fllmaces, hoikrs, oil l.HIfllCrS, radiators and piping, coal stokers, plllllll,ing aile! hat!Jro('1ll fixtures, rdrigeration. air conditioning- and sprinkler systems. wash-tubs, sinks, gas and electric lI~tI1lT" stoves. ranges, awning-s, sen.'ells. window Sh.ldcs, elevators, r.10tor5, dynamos, refrigerators, kitchen cahint't:, incinerators, plants and shrllLbcry and all otLl'r {'(luipment and machinery, appliances, fittings, and fixtures of every killd in or Ilsed in the operation of the uuildings standing OTl saitl premises, IOJ.;ether with allY and all replacclllents thereof and additions thereto; TOGETHEr:, with all awards llC'rt,toforc alld h<Traftcr m:ldc to the mortg;q;or for taking )'y eminent domain the whole ~r ;lI1y, part of said prellliscs or allY (',I."(,1I1l'1I1 therein, including all)' awards for cklllge5 of grade of streets, which s:utl awards arc herehy assigned 1'} the murtgagec, who is !Jcrf::UY authorizcd to collect and reo- CCI\'e the pro-ceds of such awards and to givl' proper receipts alld acqtJittallcc~ thc'rcfor, and to apply the same toward l!Je payment of the lllorlg;lge ell-ht, notwithstanding the fact that the a;J1ount O\l,'ing thereon may not then be ( uc and paY;1I,I<:; alld the said I1H)rl.~agllr lH'rehy agrC'~~s, UpOll rl'fjt1Cst, to tllake, exC'cute and deliver any tll cl all assigll11ll'l1ls alld othn instnllllcnts ::;tdTicielll for the purpose of :.ssigning said awarus to the murtgagee, free, ('Iear and di:;rharged uf allY (':llcuml-r~UlCcs of any kind or Il.1ture wlklt~ver. AND the JllOl tgagor covcnatlts with the lIlortgagee as follpws: 1. That the 1l1Ortg:lgnr will pay the illdl'htl'dllt',..;" as ht:rcinl/cforc providul. 2. That the mort~agor will keep the 1'lIil<lillgs on the premises insured a~ainst loss by fi, e lor the ben~fit of the mortgagee; that he will assig-n and deliver the policics to the mortgagee; and that he '.vill reimburse the murtgagee for any premiums paid ror instlrann' llI:ltlc by the mortgagee on the mortgagor's drfault in so insur- ing the huildings or jl1 so assigning and dcliverill~ the policies. 3. That no lmilding 011 the premises shall be altcred, rernovcfl or uemolishcd ,,,'ithout the consent of th~ lIlortgagl:e, 4. That the whole 01 said prinrip.,l slim an,! interest sh~1I become dlle ~t the option 01 the mortgagee: ~Iter default in thc paYlIIcnt of ;lIIY illstalflH'lIt of principal or of illt('rest [or Jiftt'f'l1 day's; or after tlefault in the pay~ ment of allY tax. watn rate, scwJ:'r r('lIt or asseSSllll'nt for thirty day s aflc'r Ilotice and demand; or after de- fault after notice and demand either ill a.<,sigllillJ; all(l delivering the )lo]icJt.':.; insuring the buildings. against 10s,<; 1>\. fire or ill reimbursing' the tI1urtgagec for premiums paid on such inslIr:l!lce, as hereinhefore provided; or ~dtl'r ddault upon rf"qnrst ill fUI'I,i;hillg a <;tatemcIlt of the amount due 011 the mortgage and whether any off. ~cls or defenses C'xist against the 11lorlgar,c Itcht, as hereinafter provided, .\n assessment ,-\'hich has been made payal,le in instal111C'nts at the applicatiun of the 11lortg-ag?r ,or les~ee of the premises shall n~vertheless, for the purpose of this para~raph, be deemed due and payable In Its entIrety on the day the first mstalmcnt becomes dlle ur payable or a lien. S. That the !JulcIer of this mortbragc, 111 any action to foreclose it, shall be entitled to the appointment of a receiver, 6. That the mortgagor will pay all taxrs'; assessmf'nts, se~r rents or watM' rates, and in default thereof, the mortgagcr may pay the same. 7, That the mortgagor within five (bys tlpnll rNll1c:lt in pcr5011 or within ten days upon request by mail will fUnlish a written stat(~lllellt duly ac1mmvh:dged of the amount due on this mortgage and whether any off. sets or defensl's exist against the lI10rtgage debt. R That notice and dcmallll or reqll('st may he in writing and ilia)' IJc sC'rved in person or by mail, 9. That the mortgagor 'varrants tIll' title (0 the l,remises, 10. That the fire insurance policies f(~fltlir('d hr paragraph No.2 a1Jo\'c sh:'lll cnntain the usual extf!ndecl cover. a,~e endorscment; that ill additioll tht'Tcto the IIIl)rt~aJ~IJr, within thirty di1)'s after notice and demand, will keep tbe p,cmi...es insured ag;-.ill:-,l war ri.,k and all.\' other ha/arc! that ilia)' rcastllla],]y he required by the mortgagee. All of the provisions of paragraphs No. .2 ami No, 4 ahove relating' to fire insurance and the provisions of Section 254 01 the Re~1 Property Law co"'tr"i,,!; the sallie shall apply to the additional insurance required bJ' this paragraph. 11. That in case of a forcc1osure sale, said premises, or ~o mtl<'h then'of as may be affected hy this mort. gage, may he sold ill one parcel. 12. That if any action or pr{lc('('(lill~ b,.. comm'"'11('cd (('xcrpt :m act inn to fort'r1ose thi~ OlOrtgar,'" or to collect the deht scclIred therehy), to which action or procl'cding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the liCit of this l1Iortgag{', all SIIIl1S paid by the mortgagee for the ~xpr:nse of allY litigation tu proseclllt. or ddend the right. anti lil'lI crcatcd hy this murtgage (including re.1.Sonahle coun- sd fees), shall ue paid IIY the lIIortgagor, togl,ther with intl'fe:it thereon:tt the rate of six per cent. per annum, and any such stlm and the interest thcreon shall be a lirn on !'aid pr('lllises, prior to any right, or title to, interest in or claim upon said premises attaching ur accruing suuseflllcnt to the lien of this mortgage, and "hall be deemed to be sCt:ttred hy this l1Iortgage. In any action or proceeding to foreclose this mortgag~, or to recover or collect the dellt secured tlu'rehy, thc provisions of law rcsl>Ccting Ule recovering of costs, disburse- ments and allowances shall prevail unaffected by this rovenant. . . RIDER NO. 1 I.: MORTGAGE PAYABLE AS FOLLOWS: Interest only at the rate of 7-1/2% per annum will be paid on the unpaid balance of the mortgage for the first seven years of the term of the purchase money first mortgage. At the end of the eighth year of the term of the purchase money first mortgage, in addition to the interest payable at the rate of 7-1/2% per annum, one-third of the balance of the principal then owing on the mortgage is due and payable to the mortgagee. At the end of the ninth year of the term of the mortgage; in addition to the interest payable at the rate of 7-1/2% per annum, one-half of the balance of the principal then owing on the mortgage is due and payable to the mortgagee. At the end of the tenth year of the term of the mortgage in addition to the interest payable at the rate of 7-1/2% per annum the entire balance of the principal then owing on the mortgage is due and payable to the mortgagee. ';, ,r '.' . . RIDER NO. 2 MORTGAGE RIDER DATE: 17. Additional Mortgage provisions: (a) no prepayment of principal of the purchase money first mortgage shall be permitted in the calendar year of closing of title, thereafter prepayment in whole or part shall be permitted without penalty. (b) no release from the lien of the purchase money first mortgage shall be granted in the calendar year of closing of title. (c) releases from the lien of the purchasC! money first mortgage shall be granted for waterfront acreage upon th" payment of TEN THOUSAND ($10,000.00) DOLLARS. in cash or good certified check, per acre, over and above any cash or good certified check paid on contract or closing of title. For the purpose of this relense a waterfront acre is defined as a plot of land having 100 feet frontage on Long Island Sound and a depth of 435 feet. (d) releases from the lien of the purchase money fir~t mortgage shall be granted for the nonwaterfroi1t acreage upon the payment of SIX THOUSAND SEVEN HUNDRED ($6,700.00) DOLLARS in cash or good certified chC!ck per acre, over and above any cash or good certified check paid on contract or closing of title. For the purpose of this release a non- waterfront acre is defined as a plot of land not fronting on Long Island Sound and having an area of 43,500 square feet, and being land other than the waterfront acreage defined in paragraph 17(c) above. (e) the mortgagor shall pay the mortgagee's attorney THREE HUNDRED FIFTY ($350.00) DOLLARS for drafting and preparing all bond and mortgage documents, and SEVENTY FIVE ($75.00) DOLL~RS for drafting and prepar- ing each release from the lien of the purchase money first mortgage and all reasonable attorney's fees necessitat0d by the judicial enforcement of the bond and purchase money first mortgage. (f) within sixty days following January 1 and June 1 of each year during the term of the purchase money first mortgage, the mortgagor shall provide the mortgagee with a receipted tax bill showing payment of all Town, School District, Special Assessment District and County Real Estate Taxes on the subject real property. (g) The amount to be paid by the mortgagee for release of a non- waterfront acre, as defined hereinabove, shall be TEN THOUSAND ($10,000) DOLLARS for waterfront acreage and SIX THOUSAND SEVEN HUNDRED ($6,700) DOLLARS for other than waterfront acreage. (h) All releases shall be in statutory form and shall be prepared by the attorney for the mortgagee at the expense of the mortgagor. The expense of preparation shall not exceed $75.00 per release, regardless of the number of lots included, if the description shall have been supplied to the Mortgagee's attorney by the Mortgagor. When so re- quested by mortgagor, and upon timely notice as hereinafter set forth, the mortgagee's attorney will prepare proper releases and be present to represent the mortgagee at the lending institution or title company designated by the mortgagor. . . -2- MORTGAGE RIDER (Continued) (i) Simultaneously with the delivery of any release, the mortgagor shall pay to the mortgagee, by certified check or by good bank officer's check, the principal amount required to be paid for such release as hereinabove set forth, together with uncertified check for interest on the amount of such release consideration computed from the last date of payment of interest under the mortgage to the date of payment of such release consideration, and together with uncertified check for the cost of the preparation of such release. (j) Requests for releases shall be made in writing on not less than twenty days' notice to the mortgagee and the mortgagee's attorney. (k) All monies paid for releases, other than for interest and for the charge of drawing such instruments of release, shall be applied in reduction of the principal sum secured hereby. Conversely, monies paid in prepayment of principal shall be applied toward releases from the lien of the mortgage, upon request, at the consj~derations herein- above set forth. The release price for any parcel shall in no event exceed the balance remaining unpaid on this mortgage. Upon payment of the full indebtedness and interest, the mortgagee shall execute and deliver a satisfaction of this mortgage in proper form for recording. ~ r.,kr (lid thiJ ,""'_f,'/flll ",.,"tlirllh/l'. 13. Th;It t!JC'11l0rl,~;U.1('r('hy ;Is",i;~l1S to Ill(' 1l10rlgagr (' {he rellts, as and profits of the premisc:, ;Is 1urther ~(,cllrity ior thl' pa) !I~of ";lid illddltedll(,"''', ;111,] Ill!' IlllJrt,t.:;lgof gralll~ to the Illorlgagl'(' tht' right to ellter tljllJII and to take po",~(',,:-.i{J1l oj lhl' prl'tlli.....l's lor the l)llrpO~l' III ndlefting tile :'<1111(' and to let tbe prclIlises or allY part then'of, and to apply thl' f{,llh, j,,~lll':' and pi'ofits, aftn paytlll'llt 01 all !H.'C{'<.;sary cl1argrs and exp('nsl':" Oil ,1C'(Ollllt of :-.aid in<!ehledl1(,s,,;, Thi" ;b_"igllll11'l1t ;lI1d .L:falU ,11:t11 (oHtinl\(, in eITect Ul1lil this 1110rlg:1~l' i.'i paid, TIll' 1II0rlg:lget' herehy waives 111<' n,t.:ht to {'Iltn l1pOTl and to tilld' posses"ioll of said pre11lises illr lht' pll1'pUSl' of colll'cting ,';lid ITllh, i',lH's and proliL.... ;ll1d lilt' 1Ilorl~~;lgllr ,hall II(' ('lllilll'lI to colkr! and r{T('j\{, ~aid rent!-i, i'slH'_" alld prolits \llltjl ddault tllldn allY of lht. l'lI\Tll,IIlL'i, rutldiliUII'i Of agrt'('lIH'l1ts contained ill thj:; lTlortM ~agc, and agr('rs to 1h(' S\1ch fellls, j,:'l1{', :111<1 ]1roJlt." :11 paYll11'llt of principal and interest hecoming due on this Illortgagt' and ill Jl;IYI11('nt oi 1:1\('.", a'i'''{'''"Ull'lI!...;, .'c\\'er I ('IllS, watl'r rates ;lIld carrying charges brcoming dlle against ...aid prl'l1lises, Inll slIch ri,~ht oi the lllortga!-:nf Ill;l)' he revoked hy thr llIortgagee llpon any default, on fin' da~'s' writtell notice. '1'11(' Illort,L::lgOf will 1101, without thl' writtl'll consent of the nIong-agee, receive or (,'olkct [('l1t frolll ~1Il)' h'llan! oi .qid pfCllli,es Of ;111.\" )1;l1'1 11H'[t'of for a period of Illore than one lI10mh in auw \'allt'c. :Jnd ill Ih(' ('''''111 of ;III.\" default 11lH!n Ihis lllllrt,t:";lge will pay Illollthly in advance to the rnOrlg';Ig'ee, or 10 all.\" ren'in'r ;lrlloilll('l! III colkrt said [t'llt'., j'"IH'S ;1I1t! prolits, till' fail' and reasonable rent;I1 value for thr 1I_"e ;l1Id orc\1pati()ll of said II!T1Jli"l'.'i Of oj 'lIdl P:lr! thnl'oi as IlI:!Y he in the poss('~~~ion of thr mortgagor, and 111'011 (h.'ialllt in al1.\ :,uch paYllll'1I1 will vacate ;llld SIlITI'llI]er Ill(' po:,."cssioll of ..;aiel premises to the mQrtgagee or to sHch lTCl'i\'l'r, ;lIHI ill d(.t;lI1lt lhereof lll;l,\' IH' l'\'irll'd hy <';Illlltllary proceeding's, 14. That the whole of said priocipal sl1m and tl1<' intere,t shall herome ,ll1e at the option of the mortgag-ee: (a) after failllre to t'xl1ihit to the mortgagcr, \\'ilhill trll e1ays aftcr dt'm:md, receipts showing payment of all taxes, water rates, sewer rents ;Ind ass(,SSfI1rnts; or (I>) afler thr actual or thrrate'ned alteration, drmolition or removal of any building' on the prcmises wi,thout thr writtcl1 ('oosent of the mortgagee; Of (c) after the assignment of the rellls of th(' premisrs or any part thrrrof withnllt the \....ritten consent of the mortg-ag-ee; or (d) if the buildings 011 said pfrlllises arc not m:lint:lint'cJ ill rr;'\sonahly good repair; or (e) after failure to com. ply \\'ith any rrfjUire01rnt or order or notice of violation (If law or ofllinancc issued hy any governmental depart. Olent c\;liming jurisdiction OVer the premises withill thrce 1110l1ths from the isstlance ther('()f; or (f) if on C1rplic:1tion of the mortgager t\'\.o or mon' fire insuranc{' cOmp:llJil'S lawfully doing' business in the Stat~ of New York refuse to issuc policics in~llring the huildings 011 the prcll1i,~,c5: or (g) in the ev~nt of the removal, dem. otition or destruction in whole or in part of any of the fixtllres. ch:ltlels or articles of personal property con'rcd heft'hy, unless the sal11(' are promptly replaced hy similar fixturc5, chattels and articles of personal property at lea.-;t equal in qualit\' anrI condition to those feplacer!. free from chattel mortg-ages or other ~n. cnmbr:lrlces thereon and fr('e from any rrsrrv:ltion of titlr thcreto; or (h) after thirty days' notice to the mortgagor, in the evrnt of the p,lSS:1g'r of any l;J.w dcdtH'li!1g" from the \'alue of land for the purposes of tax:!.tion an~' lien thereon, or cha!lgin~ in :1t1~' \\'a~' th(' taxation of ll1(lrtgag-rs or dehts securer! thereby for state or local purposes; or (i) if the f11nftgagor f;J.ils to kC'ep, ohsrT"\'c amI perform a.ny of the other covenants, conditions or :1gr{'el11C'llts cont:1ine<! in this morlgage. IS, That the mortgago.r will, in cnlllpliance with Scction 13 of the Lirn Law, receive the arl~nces secured herrh~' and will hold thf> right to rccci\'e sllch advances as a trust fund to he applied first for the purpose of ra~.ing the cost of the il1lprm'Ctl\(11l1 and \\'ill :1pply the S:1lllr first to the p:tyment of the cost of the improve- ment hefore using' al1~: )):111 of the Illtal of thr same for allY other purpose. 1(.. That the rxrcution ('f this morlg:1gt' has !J(,f'll dldy authorized hy the hoard of directors of the mortgagor. SEE THE ATTACHED RIDER FOR ADDITIONAL MORTGAGE TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN AND MADE A PART HEREOF. (RIDER No.2) This lllortgagt' may not be chang(~d or tl'l"l1Iinated orally, The covenants contained in this mortgage shaH run with the land and hind the lllortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all suhsequent OWllers, t'nctllllhl'anccrs, tenants and subtenants of the premises, and shall enure to tile hcm.fit of till' mortgagee, the personal rcprcst'lItativl.'s, succeSSOfS and assigns of the mortgagee and all ~1l"~(''1lJL'111 holdt'rs (Jf thi_'i lIIortgage. The word "mortgagor" shall be construed as if it r~ad "mortgagors" and the word "mortgagt.l''' shall he construcd as if it ft.'ad "mortgagees" whenever the sense of this mortgage so reqUIres. IN WITNESS WHEREOF, this morlgage has been duly executed by the mortgagor. IN PRESENCE OF: -.J ~1V\ ~~"'l C \t-L ~~ ------------ irATi Of HIW YORK, COUNTY O. '. On the day of 19 personally carne I before me to me known 10 be Ihe individual ex<<uteu the foregoing instrumtnt, executed the same. described in and who and acknowledged that irATI O. HEW YORK, COUNTY O. 01' On the day of 19 , bdore me personally came to me known, who, being by me duly .worn, did depose and say that he resides al No. that he i. the of , the corporation described in and which executed the foregoing instrument; that . he knows the seal of said corporation; th;,lt the seal afTixt.'d to said instrument is stich corporate st.'al; that it was so affixed hy order of the board of directors of said ('urpo."a- tion, "nd that he signed h name thereto by likc ord:r. Jflorllllllle TiTlE No. Jem Realty Co. 26 Court Street Brooklyn, New York TO John E. Rath 120 Cambridge Ave. Garden City, New York ST."DARD 'OAM 0' NEW YOlK 10A.D 01 Tl1U UHDtI.WIITUl$ Dill,.ihu,.J ., THE TITLE CUARAN1EE COMPANY u . STAn o. 1\ YO"OUHTY OF 01' On Ihe personally day of carne 19 . before me to me known to be the individual executed the (oreguinginstrwnent, executed the ''Irne. described in and who and acknowledged that STATI O. HIW YORK, COUNTY OF On the day of personally came the subscribing witne!;s to the foregoing instrument, whom I am personally aC'Iuainted, who, being by me swurn, did c.lepos~ and say Ihat he resides at No. " II' 19 , before me with duly that he k"lloWS to be the individual descrihed in and who executed the foregoing instrument; that he. said subscribing witness, was present and saw execute the same: and that he, said witness, at the same time subscribed h name as witness thereto. District 1000 35 1 24 SECTION nl.OCK Il("tot <XJX!j)(M>>Jtl TOWN Southold Suffolk County Recorded AI Rrqul:\l 01 The Tide Gu.u.ntec Comp.ny N.ETlHIN BY MAil. TO: Zip No, ... V ~ :;) " .., ~ " -; t J , . ~ l ~ , , , 2 " . RECEIVEQ MARO 91982 , 1 OTTO UHL. JR. Town CIIrti SoutIioli( 9 DERBY ROAD PORT WASHINGTON, L.I., N.Y. 11050 G&turday, 3/6/82 Gouthold Town Board Town Hall Southold, N.Y. 11971 Judith T. Terry, Town Clerk Legal Notice of Hearing March 9th Jem Realty Co. F~sidence at 42 Gound Avenue, Greenport. Menlbers of the Town Board: This has reference to Legal Notice of meeting on ~llirch 9th regaraing excavation of sand, gravel etc. from property of the Jem F~alty Co. l.ly summer residence is on 42 Sound Ave and abuts tnis property. I am unable to attend the meeting. I tnerefore am writing to definGtely oj.:pose any such opention. Not only because it woula be off my backyard, but because I don't want our beloved eastern end of the North Fork defaced. Take a look at the abandoned Latnam minint; oj.:eration in East Marion, and you will know what I meaun. I also recall the defaceD~nt Sermerjian did in Jamesport with his sand & gravel operation, before ith'as stopped. Besides, if I remember something of the Town Ordinances, isn't there a law against such operations. Please add my name to the opposition. Very truly ~;~I ~\q~ Ui~ Tax ,~ap Nwnber 100033 4 ~, 87 . . RECEIVED- MAR 5 1982 64 Sound Load Greenport, l<;. Y. lawn Clerk Southold karch 3, 1982 Ms. Juc1i th T .l'erry Town ClerJ: 1'own Hall Southold, New Y'.lrk 11971 Dear FLS. IJ:erry: He received notice that a public hearing is to be held retjarding E.N. Kontokosta's application to excavate sand from a large field tllat is directly behind our house. As w," must be at our places of worJ~ w!1en this meeting will be held on ;,jarch 9th, we will be unable to attend. We, therefore, send you this letter to ma;,:e our feelings known. Please enter the letter in the record. Last summer we noticed behind our house that a large pit was being dug with heavy equipment. We became alarmed as we had not received notice explaining the activity. A:so, it appeared to be progressing in a haphaz~rd way. Addino;:; to our concern was the fact that this particular field is used by children in our community as a playground. The field is also used for teenage beer parties, as a motor-bike run, and by "peepin~: 'roms" \~ho \"latch the activities on the more remote parts of the beach belo\'1. Our point is that like it or not the field in question has become a public park. ~he litter along the bluffs overlooking the beach will testify to the heavy usage. In fact, the Town of Southold should pay more "ttention to what is going on at the end of Sound Road, called 67 steps. '.'he numbers of people using this unsupervised beach have increased dramatically in the six years we have been on Sound Road. 'l'he acti vi ty during the summer spills down the street and over into the field. Given the public use of the field, the digging of pits and use of heavy machinery is simply not safe. P::'ease enter into the record that \/e feel there is already too much unsupervised activity in the vicinity of the field and that any excavation would create a community haza,rd. Without fencing to ~'eep everyone out, you are inviting a disaster by allowing excavation in a heavily-used area. Better that Hr. Konto';:osta find a more remote place for this work. I'll ank you. ~o, sSin,~lY, ,',,~ Jir. ~y,L. Ji~~;\', Brown (presently at 222 Bergen St., Broo;,lyn, 1;. Y. 11217) LEGAL NOTICE NOTICE OF HEARING NOTICE IS HE\REBY GIV- EN that in accoJ'4ance with Chapter &1 of the' Cade of the Town Of Southold, . public hearing' will be ,bel" by the Town Board of the TQwn of Southold at 3:00. P.M. Qn the 9thday Qf March, 1982 on the application Qf E.M. !<QntQkQs, ta for Jem Realty Co. for a permit to excavate sand, gra- vel,stone or other materials from premises located on the north side of Main Road (N.Y.S, Route 25), Greenport, New York, east of Sound Avenue, bounded North by Long Island Sound. East by Brecknock Associates, South by Route 25, andWest' by P. Sin uta, Town of Southold and other;s. Any person iDt~rested in the above matter should appear at the time and pla-ce above specified. Dated: February 9, 1982 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDlTHT. TERRY, TOWN CLERK 1T:2118/82(14) , , I , I COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed capy, ~as been published in said Long Island Traveler-Watch- man once each week far .................\....................weeks successively, commencing an the .....\'5:>......................... day of ..........~.~~...................., 19S.~ ~ ~...................==~....~~ Sworn to before me this .............l.f............... day of ....~e.6.\D.fKl..............., 19.~d ........C1sq.~..d.....b0~...................... Natary Public PEGGY J. WHITE NOTARY PUBlIC. S.ar. of New Y.... No. ~728113 QUQI~ietI In Suffolk Cauftly O---?- Commission bpi,.. Morch 30, 19 ~ ,. LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that in accordance with Chapter 81 of the Code of the Town of Southold, a publtc hearing will be held by the Town Board of the Town of Southoldat3:00P.M. on the 9th day of March, 1982 on the application of E. M. Kontokosta for Jem Realty Co. for a permit to excavate sand, gravel, stone or other materials from premises located on the north side of Main Road (N.Y.S. Route 25), Greenport, New York, east of Sound A venue, bounded North by Long Island Sound, East by Brecknock Associates, South by Route 25, and West by P. Sinuta, Town of Southold and others. Any person interested in the above matter should appear at the time and place above specified. DATED: February 9, 1982 BY ORDER OF THESOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK COUNTY OF SUFFOLK. STATE OF NEW YORK. 1 f ss: J 1 TFI8-3881 .,. f;L:QY .C!1l.~t?-.V:99n... .............. being duly Sworn. says that. .l!E? . . . is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published crt Greenport. in said county; and that thE' notiCE:. of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in E'Qch week. for . . one..................... weeks successive.ly ClOmmencing on the ..... .1.8th . . . . . . . . . . . . . . . day of ..!E:~Bary ....~ Sworn to bef~;~ .~~. i-::) : l ~~ ~~ : ; . . . . . . . . . . . . . . . . . . . . . F b 8~ I day of .. ..E1.;L':~?-;t'.Y..... 19..<... J , j) a .............~..~...y...~...... ........................................ nE V"[ NUT/,Ll", '. ) -':lCJ,P ,t New vr'~ No 4707878. SIJttol~ CIJunt~ II lerm f~pnt~~ M;.:rrh 30, ]9!'...3 . . " Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL ST-\ rlSTlCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 11, 1982 E. M. Kontokosta Jem Realty Co. 43 West 54th Street New York, New York 10019 Dear Mr. Kontokosta: The Southold Town Board has scheduled 3:00 P.M., Tuesday, March 9, 1982 for a public hearing on your application for an Excavation Permit. At least ten days prior to the public hearing you must notify all adjoining property owners and submit proof of mailing to me. Further, the Town Board will not waive 5.C. Please submit to me at least ten days prior to the public hearing duly acknowledged consents of the owner of the premises and mortgagees, if any. The Board would also like, within the same time period, a map showing the time schedule for rehabilitation. I am enclosing herewith a copy of the legal notice which has been submitted to the two local newspapers for publication on February 18, 1982. Very truly yours, ~?~ Judith T. Terry Southold Town Clerk Enclosure ., . . \ i , , , STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, " New York, being duly sworn, says that she is over the age of twenty-one years; that on the 11th day of February 1982 , , , i i 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 Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 , ,. " , , , Notice of Hearing - application of E. M. Kontokosta for I I, Jem Realty Co. for a permit to excavate sand, gravel, stone, etc. 3: 00 P.M., Tuesday ,Maich 9, 1982. ~~/~~ [/ Judi th T. Terry Southold Town Cl~rk Sworn to be before me this 11th day of Februarv , 19~ CYrb~O<>?~ 'l/l////J.; Notary Public tlllABETH ANN NEVllLll NOTARY PUBLIC, St'te of New YOlII No. 52-8125850, Suffolk Coun Term Expires March 30.1 ~ " . . LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GI'~N that in accordance with Chapter 81 of the Code of the Town of Southold, a public hearing will be held by the Town Board of the Town of Southold at 3:00 P.M. on the 9th day of March, 1982 on the application of E. M. Kontokosta for Jem Realty Co. for a permit to excavate sand, gravel, stone or other materials from premises located on the north side of Main Road (N.Y.S. Route 25), Greenport, New York, east of Sound Avenue, bounded North by Long Island Sound, East by Brecknock Associates, South by Route 25, and West by P. Sinuta, Town of Southold and others. Any person interested in the above matter should appear at the time and place above specified. DATED: February 9, 1982 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK * * * PLEASE PUBLISH ONCE, FEBRUARY 18, 1982, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Clerk's Bulletin Board Town Board Members E. M. Kontokosta for Jem Realty Co. . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 27, 1982 To: Southold Town Board Members From: Judith T. Terry, Town Clerk Attached hereto is application of E. M. Kontokosta for a soil removal permit. You should study this application and determine whether you are satisfied with its completeness in order to schedule it for a public hearing. I have on file a map showing the rehabilitation plan for the property. However, there is no time schedule. (Map is on file in my office.) v You should also determine whether you wish to grant Mr. Kontokosta a waiver of 5 C. on the application. You should also note that 5 D. has not been supplied (I have attached a copy of property record card.) This property was once considered for a major subdivision by John Rath, but the project was never completed. If you determine you are ready to set this down for a public hearing, vi sufficient time should be allowed so Mr. Kontokosta can give the adjoining property owners at least 10 days notice. . . OFFICE OF TOWN CLERK JUDITH T. TERRY TOWN CLERK REGISTRAR 01 VITAL STATISTICS TOWN OF SOUTHOLD SUFFOLK COUNTY TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 January 26, 1982 Bob: Attached is application and rehabilitation plan by E. M. Kontokosta for soil removal permit. I have not put this on the agenda for a resolution for a public hearing, as I do not think the application is complete. First - according to Section 81-12 B. the applicant must notify the owners of the properties within 200 feet of the outside boundaries of the premises in question. He stated to me he did not notify the adjolning property owners, merely listed their names. He did not submit receip~tax bills. There does not appear to be a schedule of progress as set forth in E. of the application. Please advise what your findings are. k~- c. .lM4l.- ",.,"~~:";,,#:~ll':1t';;;~~~{~""'''';''''', ,.,:"",~,,'.' ',,'"';~" "'"':'~'~~""'I:~:.pl"~:' i,.-..~';:!:-;~,<I.;';' . "'/;'~"""."~""'.l:':;':."..~~:,,..v,~ ~:"~":",,,::,:":';,"r~';.~l"'!I .~< " .iI__ .."~..~,,,4i,. ,Jt,4!.~J~. ,.." Ll ." ~~~'l(!M~~ ';~ (;.'v;c \'c. ~ ~ '-','; , TOWN OF SOUTHOLD DO Ntn DETACH STUB 1981.1982 ) TOWN OF SOUTHOLD ,) PA Y ABLE TO, 'Hi' ."" SOUTHOLD, c;Y 1,<)"'-; 515'165,;80:;- '_'; i'.-.-, .,r.." A'E~ R~'~,,' [,,,' ,:,,_:.. Cf;<::U,S Musi BE IN DO NOT DETACH STUB T(;WN r'.....l.L, SOUTHOLD..N t. '1'P1 ':;O:J'i~Y TREASuRERS COpy l'Bl-'S8? SUFFOLK COUNTY, ..... Y RECEIVER OF TAXES y;,' <',j ASSESS~O VALV....TION 29,300 SPECIAL DlSTAICT;{AX 204..22 SCHOOtTAlj: 5,340.>5 . '. I I I TOWN & HIGHWAY STATEICCUNrv TOTAL TAX SECOND HALF 1,39b.4/J 670.0<1 7,611.26 3,805.63 DUE DEC, 1, 1981 PAYABLE WITHOUT PENALTY TO MAY 31.1982. _L AFTER MAY 31, 1982 n/fSE TAXES MUST BE' PAID TO COUNTY TREASURER, ~IVERHEAO. N. Y PLUS PENALTY AND INTE~EST . ',,-nl '"'..~ l SUFFOU<COl,JNTYTAXMAP.NUf.4B:~r_ I ,10(>'-Q .35 1 'a4.- 1000 35 JE::~_REALT'f.CO, 4&9520 JEM REALiTY CO C/O i,ONTOKOSTA' "'MNO {C/O K.Of\1TOKOSTA /13 54 ST : !43W51l 5T V'JRK NY 10'019 ;NEW YORK. NY 1001<1 10 I 14510 I ,60.330 AC312 60 ;330 i\i~60UNp t N~SOUNO E"BRECKNOCKlASSOC e-BReCK~LOCK ASSOC S"N ORT!'tf:< D,S "~lOR:r H RO LMD. ;r,"TO~2~~'.1~i~()r':'~NO "29300LANOL~S~LDG . !l:~TOW~J PROP..ANO ~IAlUE - ,'1_ -lv:IY:: --,:"~:~PTIONS-n"'_EXEMPT!ONS n} VALUE 2'110 O:EX. SECOND H/\LFOR TOTAL TAX VAllO ONLY WHEN RECEIPTED BY MACHINE RECEIVED PAYMENT - FIRST HALF TAX ( , vn',,; T~L nw"t~ OF5'l.'I"JTH040 A.CT$lr,~[ijE~_" AS ,\N AG~'iC\ "QR ';-,!~.,cOLLEcr:,)N OI'"_SCHOf)L TA.>:"S.,CPNS:.::. T Y0t/H.LoeA!... SC;-;SOL !";l}T'WRtT'[$ HI; [iMl[).jrjG S9iClO:~-:A)(1~ PENALTY , %PENALTV ElK. 4 PG. 2:6 mMNO 469520 <SUFFOLK CO. TAX MAP NO. GRAND TOTAL GRANO TOTAL 1, 2 < ,~ .,y~;R c: ';.-00 ~~E 146; AC',312 LA~~~ ~;DG 29300 -:-"'?2 RECE1VED PAYMENT ;~;:E DATE PAID I AMOllNT PAID I _ CHECK 1"'.U ,I CASH I J'!,ID-BYAO.:>A~eE -:.-' ~AIO 8Y QTHEf\'_ 20,123 RECEIPT NO DEe 31'31 3, 805.63 DATE PAID AMOUNT PAlO RECEIPT NO. CHECK I CASH ( DATE PAID AMOUNT PAID l\iOTICE M_O. (1 BI<.. CHECK j D I PERSON ASSESSEO "Q PAlO BY ADDRE,SSEE PAID BY OTHER M.O ( BK.CHECK! D I PE:RSON ASSESSED S,::C():-j '''A~.r. L,/.. i,'..\\' BE Pp.\D ;',<" , ", . <;'-', "~'.(:!S p' 2 PA Y ABLE ro, ,"~ '- ,-,\;j ,RECEIVER OF TAXES ~,. '. . .')}', ')""_'.L.".jr") .-[ ..~ ASSESSEO VALU.....TION 29,300 ------------------- ;.JtC~1 "::'0 PA,Y',',E'H ''',CE D,A.TEPAIO NOTICE ;u;r.}'\ ,",,,,,-,',,<''' :'lA' 7,,' I TOWN OF SOUTHOLD '.',,' ",i-:_::::~: :~~~::',:~~~~ E~~,~~~'~;:~ ' !"'rf~;;n,.j'\L ChECKS;VIU:;~j 8', .~; ~ l~) 71 Sf'ECIAl,. OISTAICTTAX 204.22 STATEiCOUNTY TO......N 8: KIGHWAY SCHool TAi( 5,340.>5 I 1,396.(111 670.09 r~ :ll; \; C~~.~: c~ ~~~: i ~J; s~~~~(;~ ,~X~~~~Z~.~ ~L; -(y;~,:,~{;~:~.J;~~~~~ !",jTHf1i.1\ nES AEG~,flDlt~G ~~~IOOI,}~'\lS~ SUFFOLK COUNTYTAX-MAP.NUMBER PENALTY GRAND TOTAL lli003S 1 JE:1 RE,\LTY.CO, i{OtlTOKOSTA' i,54. ST I yl)RKNY 10{\19 1 () I I 60.330 AC312 c/o 43 ,,,Ei; .AMOUNTP~ID CHECk. 20,123 OEe 31'.31 RECEIPT NO DATE PAlO CASHC .M.O.! BK~CHeCK t o PERSON ASseSSED S,' I'/;lD .PAlo'-sY;XDofl 'SEE PAID lIY O:t~eRI DO NtT DETACH STUB 1981 - 1982 TOTAL TAX 7,011.26 % 211, ITEM NO. 145 3, 805,63 AMOUNTPAlD ) TOWN OF SOUTH OLD , \ , ./ 00 NOT DETACH STUB SECOND HALF TOWr<; HALL, S,-:J\jTi-iCil.D, ~j y ,-, COIJI--jTY TREA$URf.t/'SCOPr ;,,<'l1 :'jiJ2 SUFFOLK C:OUN;Y ~< f DUE DEC, 1,1981 PAYABLE WITHOUT PENAL TV TO MAY 31,1962 . 3,805.63 AFTER MAY 31, 1962 THESE TAXES MUST BE'PAID TO COUNTY TREASURER, RIVERHEAO, " Y PLUS PENALTY AND INTEREST % PENALTY GRAND TOTAL . AC,,312 RECEIPT,NO. CHECK I OATEPAID 10110, ......... .1. '4fJ9520 JEMRE.\tiTYCO 1~~OwK~~T~iOSTA ;iI!EWYORK, NY\t0019 10 611.330 .i~S{)UNI) . ...!'f-:SOUNP E..8RECKNOCK lASSDC';' ';'E:,:,~REtKNOCK ASSOC S-tiORTH.RO' .', .S",NOIU'!'l.:RO W-TP~;N 'PRO?..tI N O(A"Q"BLD~\'l..:rl)Wf\F'f!Rap-ANO :;~~3E .29J.09 . EX'''PTIONS 29.36.0 \EXE~~ON; 0'"tc3~ '29 io 0 EX. SECOND HALF OR TOTAL TAX VALID ONLY WHEN REeEI ED BY MACHINE RECEIVED PAYMENT- FIR.ST HALF TAX CASH { M.O_l o PERSON ASSESSED PAID BY ADDRESSEE PAI,O av OTl-lER 8K4 ITEM NO 211 LAND & 8LDG LESS EX '0 26 469520 <SUFFOLK CO TAX MAP NO HIS 29300 AMOUNT PAID 8K,OfECK{ o 2 L",j:,-:?--/-J ~_____"'-'~ ~ J" ~ OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD -...l3 STREET VILLAGE DIST SUB. LOT Co. C' fi c~}' , S j J f-1,.,.J ; /,/' ,1" /}-"i IF /v..-r r...,,(../...-- ir (~j. E !' 13r/i"KNDe.K fJSSbC-IATFS w~, __ !otk~:l'S 'Veil -llOn'J' ' /() Jtsc, ACR. .'3' TYPE OF BUILDING " S 1 /li476?(V . FARM LJMILSilfuc.iu fc.S IIIr!. "'RES,~-- , SEAS., : VL IMP. TOTAL DATE "'>-.. c' . ~;,2 ,Ie [,:i-- [/ L.- g>3-J7 P 1/1./ i. .l13 I' ~. 2. r, . c., ) , J ()(.' 2- (j c> "7' '3co 5/[J/19 L//li/7,'l AGE NEW BUILDING CONDITION NORMAL BELOW ABOVE ----~-- I FARM i Acre Value Per Value /U(,// i-t X J",~ t.;.:..-c-- 8:"'-:; ~Acre (, " (11 f' fl. ~g :16,;JC . .......... '--' ! . -=> ~v l-4I'dO~ I ,. -- ~1 I ~7 ,).,,0 /..> v ,- . ~"?;, Tillable 2 ! Tillable 3 .3 )). I R1 F"..1., :3 '-/..{ 0 .Waodland , I / . i Swampland FRONTAGE ON WATER I - r.., , / :." ~ V- iA I - I, .....'\.-_,.,.,A._ Brushlc'1d i FRONTAGE ON ROAD .../ -/ / ;3 lie- , "7. ~ ,I , J ? 'It'O '-' / j ;' I 0 .: - . ~ , , House Plot DEPTH ,} I 0 I ~ -=t-'L{J d ",( fA' ~'JU li. t"., C- / / I l' i'f. BULKHEAD , (, Ir I V Total J."fo 'in DOCK -L~ ~ --- ~, I ; q 679' ,J, _ '..- '~'. " . rrC:IN OF SOUTHO:LD . (~:. . n l' t) ~lle In GUD lea e . . TO:.'IN CLER.:(' S OPPles FeeJd llO Paid '/>.6//.;2 I I SOUTH OLD , NEW YORK APPLlCA TION FOR PERMIT FOR SAND AND GRA VEL PIT OR OTHER EXCA VA TION PURPOSES 1. Name of Applicant E.M.Kontokosta, for Jem Realty Co (Owner) 2. Address of Applicant 43 West 54th Street, New York City 10019 3. Detailed statement of proposed ope.rations Propose to strip topsoil from s~~. (0) acres within this 60 acre parcel and to remove material tD.--Q d8ptll of RO Illor'i th~R <iy (h) fppt fnr ~ tnt~l ^mnllnt of 30.000 cu. yds. So as not to creat any banks, depressions' or pits, we propose to excavate by "bank excavation". Once the material 1S removed, tne arp^ will hp rp-gr"npn "nn th~ top soil replaced. The excavation site will be at least 200 ft from adjoining property lines and the North Road. The excavated maten a I w111 be transported to toe :,n1 pyara Lane (.ulldu- minium site which is present1v under construction. The applicant is the principal owner of both properties. 'I 4. Names and addressee of all property owners of record within 200 feet of the outside boundaries of the premises within which operations are proposed to . be performed. SEE ATTACHED LIST 5. The following must accompany this application unless waived by the Town Board. If applicant requests a waiver of any of the following items, applicant should insert at the end of application subdivisions for which a waiver is requested. A. Detailed statement of the proposed operation together with a plan of the area proposed for excavation or for removal of top soil which shall show condition of the plot or premises before operations and the proposed condition of the same after operations are completed, such plan to be prepared by a duly licensed engineer or land surveyor and dra wn to scale showing all adjoining streets, location and dimensions of premises, the location. size and use of any existing buildings. B. A topographic survey of the premises prepared by a duly licensed engineer or land surveyor showing contours at 10 foot intervals, using Coast and Geodetic Survey datum. C. Duly acknowledged consents of the owner of the premises and mortgagees, if any. . i:"'" \J. ',:;" / . . D. Receipted tax bills or photostatic copies thereof or other proof showing payment of all taxes and assessments against premises for which an application is requested. E. A proposed comprehensive plan for the rehabilitation of the premises together with a schedule of progress therefor. Such plan to set forth the ultimate contour and grade of the area upon completion of work, describing the area to be refilled, top soiled and seeded and specifying the amount and extent thereof to be performed before December 31st of the year for which permit is being applied for. F. Estimate prepared by a duly licensed engineer or land surveyor of the total number of cubic yards of material to be removed from the property during the permit period. 6. Applicant hereby requests a waiver of the requirements of paragraph 5, sub- divisions~, __ __ __ _, Dated: Jan. 25. 1982 ", Signa e of App E.M.Kontokosta. Jem Realty Co. Corporation By Signature of Officer 8rneu? I/tw/~ d, <1..4'>1 r? Nt-\v!:,,wL Sworh to befor me this ..lJ 19 .? "'- r "J~. :~ .~"I l).'J.i::l:;:] , i i<.:X:" :,'~,:; '"c,''; cr;;;';"~;;~;~l1j2;pi:~~' ;;~r~h'gu~ol~r}) -2- ....------ Brecknock Associates c/o Salvatore Gaglio 800 Woodbury Road vioodbury, N.Y. 11797 Jarvi s Vel^i ty Sound Road Greenport, N. Y. 1 1 944 \.J a 1 t e r F. S led j e ski Greenoort, N. Y. 11944 . . ............................................................................................................................ . . 1000/35/1/10 1000/35/1/21 Frank E. Toledo 66 Sound Drive Greenport. N.Y. 11944 1000/33/4/79 Joseph Verity 220 5th Ave Greenport, N.Y. 11944 Harry Sinuta North Road Greenport, N.Y. 11944 1000/35/1/23 . . ............................................................................................................................. . . . . . . Jack Skrezec V.A.Brown S d A 222 Bergen Street oun ve Brooklyn, N.Y. 11217 Greenport, N.Y. 11944 ...... ....... .LQ9.Q/.V,I.:VM....... .L..... .......: ??~:.~:.~.1.:.1.~............!...................... ................ . . . . . . Augustus Straussner : Linwood S. Webb : Greenport, New York 11944; Greenport, N.Y. 11944 1000/35/1/11 1000/33/4/81 ; 1000/35/1/13 . . . . . ............................................................................................................................. . . James D. Gannor ,iashi ngton Ave G re e n po r t, N. Y. 11944 1000/33/4/82 Franci s H. Bubb Greenport, N.Y. 11944 P. Brountzas & Tsigakos 25-07 35th Street Astoria, N.Y. 11102 1000/33/4/84 P. Brountzas 25-07 35th Street Astoria, N.Y. 11102 1000/33/4/B3 Otto Uhl 9 Derby Road Port Washington,N.Y. 11050; . 1000/33/4/86 . . ............................................................................................................................. . . 1000/35/1/18 Otto Uhl, Jr 9 Derby Road . Port Washington,N.Y. 11050; C. Bumble Greenport, N.Y. 11944 1000/33/4/87 1000/35/1/14: ........................................:...........................................:........................................ . . Marjorie Kujawski . Sound Ave Greenport, N.Y. 11944 07021 Evlambia Laskos 1026 Inwood Terr. Fort Lee, New Jersey 1000/35/1/9 1000/35/1/20 . ',ce. ;1;':'1 C:? S C1T:nC=-.:J . "..- 't;- .' .. (File in D~plicate) TO:'IN CL.ERl< IS OFFICS ""2', 06 00 Pa id~---rE I SOUTHOLD, NE:'; YORK APPLICA TION FOR PERMIT FOR SAND AND GRAVEL PIT OR OTHER EXCAVATION PURPOSES 1. Name of Applicant E.M.KontGkosta, for Jem Realty Co (Owner) 2. Address of Applicant 43 West 54th Street, New York City 10019 3. Detailed statementof.pr~pos.ed opera~tQI1SPropose to strip topsoil from S~'l("(b) acres within this 60 acre parcel and to remove material to a depth gf )19 more th~n 5iv (h) f""t fnr " tnt"l "mnllnt nf 30.000 cu. yds. So as not to creat any banks, depressions' or pits, we propose to excavate by "bank excavation". Once the material 1S removed, the ar"" will h" rp-gr"opo "no thp top soil replaced. The excavation site will be at least 200 ft from adjoining property lines and the North Road. The excavated material w111 be transported to tne :,n1pyara Lane Condo- minium site which is presently under construction. The applicant is the principal owner of both properties. 4. Names and addresses of all property owners sf record within 200 feet of the outside boundaries of the premises within which operations are proposed to be performed. SEE ATTACHED LIST 5. The following must accompany this application unless waived by the Town Board. If applicant requests a waiver of any of the following items, applicant should insert at the end of application subdivisions for which a waiver is requested. A. Detailed statement of the proposed operation together with a plan of the area proposed fOr excavation or for removal of top soil which shall show condition of the plot or premises before operations and the proposed condition of the same after operations are completed, such plan to be prepared by a duly licensed engineer or land surveyor and dra wn to scale showing all adjoining streets, location and dimensions of premises, the location, size and use of any existing buildings. B. A topographic survey of the premises prepared by a duly licensed engineer or land surveyor showing contours at 10 foot intervals, using Coast and Geodetic Survey datum. C. Duly acknowledged consents of the owner of the premises and mortgagees, if any. . . D. Receipted tax bills or photostatic copies thereof or other proof showing payment of all taxes and assessments against premises for which an application is requested. E. A proposed comprehensive plan for the rehabilitation of the premises together with a schedule of progress therefor. Such plan to set forth the ultimate contour and grade of the area upon completion of work, describing the area to be refilled, top soiled and seeded and specifying the amounta.nd extent thereof to be performed before December 31st of the year for which permit is being applied for. F. Estimate prepared by a duly licensed engineer or land surveyor of the total number of cubic yards of material to be removed from the property during the permit period. 6. A.pplicant hereby requests a waiver of the requirements ,jivisions~, _' _, _, _, of paragraph 5, sub- Datl,d: Jan. 25, 1982 9t /;' / . / Corporation B.y Signature of Officer 8T~,o-F II'tw/~ ~ r.I...>f>J r? ,.;t......JI,wL Sworn to befor6 me this .2J 19 ? J.- I ... 'i'~':I.. :.... ,. Not'JryelJL:i::., St;l(C G1 '";',.., . r;o. ti.'~.10L/J~', Q\;JI:fIt-j i: I f\OC:~!Jrh~ LQU, it., Certl:il.;,Jte1:!,.:J in New Yorls. COUll'll". CommiMion E.xpirei March 3~ 1.9 r) -2- ~ . . . . . . . 1000/35/1/10 . . ............................................................................................................................ . . . . . . : Joseph Verity : . 220 5th Ave . Greenport, N.Y. 11944 1000/35/1/11 Brecknock Associates c/o Salvatore Gaglio 800 Woodbury Road Woodbury, N.Y. 11797 Jarvis Verity Sound Road Greenport, N. Y. 11944 \.Jalter F. Sl edjeski Greenoort, N.Y. 11944 1000/35/1/21 Frank E. Toledo 66 Sound Drive Greenport, N.Y. 11944 1000/33/4/79 Harry Sinuta North Road Greenport, N.Y. 11944 1000/35/1/23 . . ........................................................................................................................... . . . . . . . Jack Skrezec . V.A.Brown S d A 222 Bergen Street oun ve . Brooklyn, N.Y. 11217 ~ Greenport, N.Y. 11944 ............. J.Q9.Q{.~ ~.I.;l.I..~ 9........L............:? ?~ :.: :.~ .1.: .1.~............ ~..................................... Augustus Straussner Greenport, New York 11944: Linwood S. l,ebb Greenport, N.Y. 11944 . 1000/33/4/81 : 1000/35/1/13 James D. Gannor ,Iashi ngton Ave Greenport, N.Y. 11944 1000/33/4/82 P. Brountzas & TSigakos 25-07 35th Street Astoria, N.Y. 11102 1000/33/4/84 . . . . . . ......................................... ...........................................:....................................... . . Donal d Currie : Molly Harrower : 670 West End Ave . 2841 N.W. 4th Lane : New York City, 10025 : Gaineaville, Florida : 1000/33/4/85: 32607 ~ ........ ........ ............ ......................0.:. .l.QO.Q'.~~.I.J-.1. AI... .............. ... ... :.. ..... ...... ........ ........... ....... . . . . . Otto Uhl : Henry Vol inski : 9 Derby Road : Greenport, N. Y. 11944 ; Port Washington,N. Y.11050: 1000/35/1/18 . 1000/33/4/86 . . . ............................................................................................................................ . . . . Otto Uhl, Jr : C. Bumble : 9 Derby Road : Greenport, N. Y. 11944 : Port Washington,N.Y.11050: 1000/33/4/87: 1000/35/1/14: ........................................:...........................................:....................................... . . : Marjorie Kujawski : : Sound Ave : 07021 Greenport, N. Y. 11944 . : 1000/35/1/20 . P. Brountzas 25-07 35th Street Astoria, N.Y. 11102 1000/33/4/83 Daniel Fischer 20 Sound Road Greenport, N.Y. 11944 1000/35/1/16 Evlambia Laskos 1026 Inwood Te~r. Fort Lee, New Jersey 1000/3 5/1/ 9 1 1 1 1 1 ) C.: --7_ -. cf_u:tf)ri~/"-~""" I~..<-.:;j~ -,-,{ .-"j,.,.... IY {~..'.._:'Ji.~ ''''(_:;~ "';.. lT5.l . {"\"?1 ':"'..::::;' " ~;~ 'j t~, ::,,;.-; 'C'\',:;::"? ";?:v "~'~':~~~,:,~;:,'},,:j.."V . JUDITH T. TE RR Y TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hal!, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 1, 1981 E. M. Kontakosta, P.E. Kontakosta Associates 43 West 54th Street New York, New York 10019 Dear Mr. Kontakosta: The Southold Town Board made a decision at their November 24th meeting to require that you file an application for a Soil Removal Permit with reference to your property north of Porky's Restaurant, Greenport. The necessary forms for filing aforesaid application are enclosed herewith. Very truly yours, ~/~ Judith T. Terry Southold Town Clerk Enclosure ".\,. -..,~ . ~, r,'" ,'~ ..;-<.^"r"r:~"--:;~:\ 'I ~_'7;,."?-.... .;.:;" ",..... , ~ ~ :".~ " ~:. ...;....,,~ ...~ \ r '-.\ l'...., .' !; . -; ~::\ ,i~~'~:,:~fG~::':~~~:~ \ \ Uf";C~10\/~' ~.-6--o~: :: 'i , ,.. - ,'," ,; ,". I OFFICE OF T,OWN ArrORNEyliLuL~,__.,___...._~I\ TOW~ OF SOUTH.oLD \ TOWij c:: ::7UU ;:rELE~E .. ., . -mbj 477-1400 Y;rt~ .i;i ROBERT W. TASKER Town Attorney Orig, Co;;:es .,.-4,c, V' tl~_h\!1~ Mg. Date File IJj). Y 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 November 13, 1981 Hon. William R. Pell III Supervisor I Town of Southold Main Road Southold, New York 11971 Re: Kontokosta Associates - Soil Removal Dear Billy: You have sent me a copy of a letter addressed to you from E. M. Kontokosta wherein he requests that the Town Board waive requirements of the soil removal ordinance to permit him to excavate approximately 6,000 cu. yds. of fill from property north of Porky's Restaurant to be used to raise the elevation of the southerly portion of the property of Cleaves Point Village Con- dominiums located at the southerly terminus of Shipyard Lane in East Marion. Although Section 81-10 of the soil removal law gives the Town Board the autho- rity to waive not only the rehabilitation requirements but also any other provision of the law. this right is not unlimited. With respect to waiving the rehabilitation requirements. the Town may waive this requirement only if "no substantial rehabilitation of the premises will become necessary". With respect to waiving any other requirement of the code, before the Town may waive the same, the applicant must satisfy the Board "that unusual hardship exists". The determina- tion of these issues are solely within the province of the Town Board. However. it does not seem to me that these requirements have been met by Mr. Kontokosta's letter. It is further my view that it was not the intention of this law to permit a waiver of its requirements merely because compliance with the law would cause inconvenience or delay to the applicant. It seems to me that the condominium project has been under way for many months during which the applicant could have applied for the required permits. Thus, any delay is of his own doing. It does, however. seem to me that it will be extremely difficult for the Board to Hon. William R. Pell III -2- NoveJ.:nber 1.1, 198': pass upon the question of waivers in the absence of an application to it as well as a detailed explanation of the excavation that is to take place at the site from which the materials will be removed. For the above reasons it would be my recommendation that the applicant be required to prepare and file formal application setting forth all of the required information before the Board could intelligently consider any waiver. I am returning herewith to you Mr. Kontokosta's letter. Yours very truly, ~ ROBERT W. TASKER RWT:aa enc. -"~-""",,,,,,,,\,,,,~""""""";",,,,,,,,,,,,,,-,,,';';.- "'''''''"_,'''.','''-"'~"",,,,",,-''''''''''''-''''';'''~'''' ""'" . '-,' .', -. . /1~/- y(!l) > ~ KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS ~ ./ 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r.a. November 10, 1981 Mr. William R. Pell III,Supervisor Town of Southold Town Hall Southold, New ~ork 11971 Re: Cleaves Point Village Condominiums Dear Mr Pell: I am the principal for the Cleaves Point Village Condominiums pres- ently being constructed on the southerly end of Shipyard Lane in East Marion. As you are probably aware, the southerly end of the parcel is in need of fill in order to raise the grade so as to comply with the local Flood Plain Ordinance. Our main source of fill has been the high ground to the north end of the property which we have prepared for our subsurface sanitary system, resulting in excess fill which was relocated to the low or southerly end of the site. However, we are in need of additional fill to complete the project. We are reluctant to continue to move fill from the remaining high ground since it will necessitate the stripping of the natural vege- tation and shurberry and thus deleting the only existing "green belt" between the proposed project and the North Road. This, we feel, will be aestheticly detrimental to the project and to the surrounding homes as well. Our alternate source of fill is the 60 acre parcel immediately north of Porky's Restaurant. This parcel is owned by Jem Realty Co. of which the undersigned is a principal, and can provide our project with the minimal required quantity of fill with the least affect on the terrain. So as to allow the Shipyard Lane project to proceed expeditiously and with the least disturbance to the topography, we are herein requesting the Town Board to waive the requirements of the Soil Removal ordinance as per the authority granted in Sec. 81-10 with the following restric- tive conditions so as to protect the public. 1. So as not to appreciably affect the topography of the site, we are proposing to limit the amount of fill removed to 6,000 cu yds. -continued- c , To: Mr. William R. Pell III, November 10, 1981 'J e ? () f ? 2. The top soil will be stripped, stored and replaced once the required soil has been removed. 3. So as not to create any dangerous banks, depressions or pits, the excavation will be no deeper than 5 feet, but in any event, no lower than the grade of the North road fronting un the site. 4. So as to have a minimal affect on the local traffic, all soil removal operations will be limited to the fiy'st two weeks i. December and only during Tuesday, Wednesday and Thursday of each of the two weeks. 5. The excavation will be a minimum of 200 feet from al i property lines and also from the North Road. 6. That all required fees indicated in Sec. 81-11 be pald by [he applicant. We appreciate your due consideration to this request and hopefully await your favorable response. / / g /, Your~:t. t67flY' .' ./ ./ c;;J - --/. . At. d>? 'X" -ti .M.Kontoko~~~ EM K/ c k cc: Town Board Members r!~% /f ~v /j/~ ,.>.,~, ,.,.,..~_.,.""..".'_,r""'"_'''''''''''''''."",,''"''''''''''_'~~''''''''''~_'';''''''''',,,",,'c'-.