HomeMy WebLinkAboutKontokosta, E.M.
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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.
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Martin Lieberman, President 'c
Board of Managers
cc: Board of Managers, Crescent Beach
Condominium Association ,
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Board of :-'lanagers, Cleaves Point Condominiums------..
Supervisor, Town of Southold .,/' ~ ~ ~ ~ /,0 ~O
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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.
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We hope this action will alleviate any further concerns
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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.
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TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
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~ 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.
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Enclosure
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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
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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.
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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.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL Sl.\ rlSTles
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Town Hall, 53095 Main Road
P.O. Box 728
SoutholJ, New York 11971
TELEPHONE
(516) 765.1801
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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
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EXCAVATION PERMIT
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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
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materials from premises located north of Main Road (Route 25),
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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
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terms and conditions of resolution of the Southold Town Board
adopted March 23, 1982, copy of which is annexed hereto.
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DATED: March 23, 1982
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Judith T. Terry r7 ""
Southold Town Clerk
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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-
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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
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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.
* * *
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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
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~ 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-
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,
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' .' ./ ./
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At. d>? 'X" -ti
.M.Kontoko~~~
EM K/ c k
cc: Town Board Members
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