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1000-31.-1-5.1
i C~')' 16,t.58 ,59.64 (~04,ZE) _ 45,633 5,F; NQI (~ 42,59J 5.F. 3O4 (~ 4~,59~ 6o8,44 8759 # FILE ~. m.l:O 112~'~, ~/~s. i~ JUN 9 ~ RED JUN 0 llffi '. /' z, ~6~.ZO OPEN 5PACE ~1,-788 I4Z,33 . 167,71 1672/! C31o, o4) (.a,o,46) 4%464 6~-0, 50 ---T 5T I8 E f--; 1' _ IYDIC, AL L~YOU r -YPICAL WELL LA~ {.) OJF LACY 'SUBDIVISION MAP oF EAST MAI2 ION WOODS AT TOWN o~ s_ouTNC~D, t~,. / MAY ' 9 Ig~g Ya~ 1309 - 6 Southold, N.Y. 11971 (516) 765-1938 M E M O A N D U M TO: FROM: RE: DATE: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney Valerie Scopaz, Town Planner Propsed Subdivision of East Marion Woods, East Marion. SCTM # 1000-031-1-5.1 June 8, 1988 Enclosed please find a draft Declaration of Covenants and Restrictions that has been submitted to the Planning Board for review. The DCR's are the applicants' response to the Planning Board's request for Articles of Incorporation pursuant to Section 100-136.E. of the Zoning Code. Please review the enclosed DCR's and determine whether they meet with the provisions of Section 100-136.E. DECLARATION OF COVENANTS AND RESTRICTIONS 70 MARION ASSOCIAteS · his declaration made this day of 1988 by W I TN E SS ETH ; ~HEREAS, 70 MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed In the office of the Clerk of Suffolk County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Map No. 1000-025.00-04.00-011.003. WHEREAS, said 70 MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and WHEREAS, said 70 MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, 70 MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until January 1st, 1998 after which time they shall be automatically extended for successive periods of ten years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. 1. Construction Requirements (a) g[ tJ d__Ln.g No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. No carport or other accessory building of any kind may be erected except: (1) a detached garage. (2) an accessory building used in conjunction with a swimming pool. (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. ¢O (e) Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer than thirty (80) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or maintained on any of said lots. No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square .feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot. nor within ~ of the rear line of the lot, except that In the taxi--or a-corner lot a bulldlng shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. Apl~roval of Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by 70 MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of 70 MARION ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of EAST MARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not 2 project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot._ ~ ~ Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs S. Animals No sign of any kind shall be displayed to the public view on any lot except one professional slgn of not more than one square foot, without the written consent of 70 MARION ASSOCIATES their successors or asslgns. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot. except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be vlsible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless In a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. Annoying Activities No noxious or offensive activity shall be carried upon any lot~ nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed 3 receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubblsh shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennls court which shall not exceed twelve (12) feet In height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities Subdivider has set aside, as indicated on the subdivision map. an open space area for the use of the owners of lots and their guests and tnvltees. Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 25 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) .~xmgn._Z._.9 f C9~.~r!~ 9~l_9.ns ...by ..~ot~ .Own er~ While the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above. and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the 4 (e) (f) subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (1) If at any time after one-third (1/3) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the open space area to the property owners' association, and If two-thirds (2/3) of the then lot owners (exclusive of the lot owned by the subdivider) vote to take title to said facility, the conveyance shall be made. However, the subdivider may withdraw his offer to convey the facilities at any time prior to the receipt of written notice of the offer's acceptance. (Ii) If a conveyance is made to a property owners' association pursuant to (i), then: (A) All costs and expenses associated with the open space area shall thereafter be borne entirely by the property owner's association. (B) The owners of. all lots purchased from the subdivider shall be members of the property owners' association. (C) Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. (D) Each member agrees to comply with the regulations for the use of the open space facilities enacted by the property owners' association. A two-thirds (2/3) vote shall be required for the enactment of each such regulation. (E) Upon a two thirds (2/3) vote by the members of the property owners' association, the title to the open space area shall be dedicated to the Town of Southold. (iii) For the purposes of (i), (iD(D) and (ii)(E), each lot owner shall have one vote for each lot owned, whether improved or unimproved. An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation 5 13. 16. and maintenance of wire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shah be under areas designated by municipal or public utilities authorities. Invalidation of any one of these covenants by Judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Enforcement shall be by proceedings at law or in equity brought by 70 MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. Failure by 70 MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS and are not extended to any other property now or to be owned by 70 MARION ASSOCIATES. 70 MARION ASSOCIATES By: Erwin P. Staller Declarant STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this day of , 1988, before me personally came ERWIN P. STALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 6 O O T 198 AMENDED APPLICATION FOR APPROVAL OF PLAT IN ACCORDANCE WITH SETTLEMENT OF HODOR, ETC. V. TOWN OF SOUTHOLD To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Toxvn Laxv and tbe Rules and Regulations of the Sontbold Towu Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If tbe applicant is uot the oxvner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of tbe subdivision is to be EAST MARION WOODS 3. The entire land under application is described in Schedule "A" bereto annexed (Cony of suggested.) Previously submitted in application dated M~ 1~, for which this is an amendment 4, The land is beld by the appllcan[ under deeds recorded in Suffolk Count), Clerk's office as folloxvs: Liber 7412 Page 543 6/6/73 Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On Liber ........................ Page ...................... On as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is ...... ....... 59.8 ..... acres. 6. All taxes which are liens on the land at the date hereof have been paid ~x ............ 7. The land is encumbered by ... ~...~.~.*.s.'cr.. mortgage (s) as follows: .............................................. (a) Mortgage recorded in Liber .... .5.1. Q.4 ..... Page...8.8. ............. in orlgiual amount ....... at time of original application of $.;.4.1..1.5..3.4 ... unpaid amount $ .~..~.: ~.t~O....t..0/. ...... held by ...................... Lillian B. Br.OW~ddress Main Road, East Marion, New York (b) Mortgage recorded in Liber ......... Page ....................... in original ammmt of .............. nnpaid amount $ ...................... held by ...................... ........ : ..... address ......... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land ~:l(~g .............. · ...... 9. The land lies in the following zoning use districts . .A.. ~R~],~ .t. la],//~grlcultural 10. No part of the land lies under water whether tide water, stream, pond water or otherwise,.~[ 11. The applicant shall at his expense install all required public improvements. 12. The land (,t~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if witbin a District, is ..... 7.Z ...................................................... 13. Water mains will be laid by .... (.I]~-.v. iclUO.l, ~e..1.],.s.) ............................ and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ....L.I.L..C.O. ............................... lines. · ................ and (a) (no) charge will be made for installing said 15. Gas mains will be installed by .......... .n./..a. .......................... and (a) (no) cbarge will be made for installing said mains. 16. If streets shown on the plat are claimed by the appli,c, an,,t to be existing public streets in tbe Suffolk County Highway system, annex Schedule B hereto, to show same. 17. If streets shown on the plat are claimed by 'tbe applicant to be existing public streets in the Town of Soutbold tIighxvay system, annex Scbedule "C" hereto to show same. 18. Tbere are no existing buildings or structures ou tbe land which are not located and shown on tbe plat. 19. Where tbe plat shows proposed streets wblch are exteusions of streets on adjoiuing sub- division maps beretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions witb the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Snbmit ~t copy of proposed deed for lots sbowlng all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that tbe cost of grading and required public improvements will he 50,000.00 to $...5.5. ~ .0.9.0 'as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ........ 5..0 .... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". Applicant will tender a letter of credit. DATE October 9 .86. ~ T~.L.E. ~. .............................. . 19.. ASSOCIATES By ......... (Signature a/'d Title) Attorney ~g~- Law 828 Front Street, Greenport, NY 11944 (Address) STATE OF NEW YORK, COUNTY OF ...~U~F.~QL/~ ..................... ss: On the .9. g~ ......... day of .......... .0..c.~.o..b.e..r .......... 19..8.6... before me personally came Irving L. Price, Jr. .................................. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ..... .h.~.. executed the same. ~ ~ ~ ~. ~Notary ' ' ....... STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ....... before me personally came ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No. ................................ that ........................... is the .......... tile corporatiou described in and which executed tile foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and lhat ............ signed .............. name thereto by like order. NOtary Public DEPARTMENT OF PLANNIN(~ COUNTY OF SUFFOLK F=ETER F. COHALAN SUFFOLK COUNTY EXECUTIVE October 17, 1986 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53905 Main Road Southold, New York 11971 Proposed Map - East Marion Woods w/s of Rocky Point Road, 1143.33' n/of Main Road, East Marion, New York. Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Note: Charles G. Lind, Chief Planner Subdivision Review Section Final map should be referred to the Commission to be sure that there has been no jurisdictional change in the interim. File: 1333-NJ-83-15.1 CGL:gcc Encl.: Map Southold, N.Y. 11971 (516) 765-1938 September 23, 1986 Frank Yakaboski, esq. Attorney at Law Smith, Finklestein, Lundberg Cri~ins and Yakaboski 456 Griffing Avenue Riverhead, NY 11901 Re: Hodor/Staller "East Marion Woods" Dear Mr. Yakaboski: As per our conversation on this date, enclosed is a copy of the sketch map for the above mentioned subdivision which the Planning Board acted on at the September 15 meeting. Also, enclosed is a draft of the Planning Board resolution conditionally approving the sketch map. I understand that you will discuss this with Mr. Pachman, esq. and advise me if this resolution is acceptable or what amendments need to be made. Thanks for your assistance in this matter. If you have any questions, please don't-hesitate to contact our office. Very truly yours, enc. BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~y Diane M. Schultze, Secretary BE IT FURTHER RESOLVED THAT THE APPROVAL OF THIS PRELIMINARY~ SKETCH MAP AND ULTIMATE APPROVAL OF A PRELIMINARY PLAN AND FINAL MAp IS CONDITIONED UPON THE WITHDRAWAL AND DISCONTINUANCE,1 WITHOUT COST, OF THE ARTICLE 78 PROCEEDING CURRENTLY PENDING AGAINST THIS BOARD ENTITLED HODOR/STALLER VERSUS THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, INDEX (RESOLUTION OF 9/15/86 BY PLANNING BOARD) OCTOBER 20, 1986 AMENDED RESOLUTION OF 9/15/86 - BE IT FURTHER RESOLVED THAT THE APPROVAL OF THIS PRELIMINARY SKETCH MAP AND ULTIMATE APPROVAL OF A PRELIMINARY PLAN AND FINAL MAP IS CONDITIONED UPON THE WITHDRAWAL AND DISCONTINUANCE, WITHOUT COST, OF THE ARTICLE 78 PROCEEDING CURRENTLY PENDING AGAINST THIS BOARD ENTITLED HODOR/STALLER VERSUS THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, INDEX # 84-13627, AT THE TIME OF THE FILING AND ACCEPTANCE OF THE PRELIMINARY PLAN. Southold, N.Y. 11971 (516) 765-1938 November 13, 1986 Mr. Irving L. Price, 828 Front Street Greenport, NY 11944 esq. Re: Hodor/Staller East Marion Woods Dear Mr.-Price: The following action was taken by the Southold Town Planning Board, Monday, November 10, 1986. RESOLVED that the Town of Southold Planning Board set Monday, November 24, 1986 at 7:45 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the preliminary maps for the major subdivision of Hodor/Staller to be known as "East Marion Woods" located at East Marion, subject to: 1. Receipt of six (6) amended surveys of the preliminary layout to include the wood line. This was on the sketch map, however, omitted from the preliminary survey. '~(d~ Enclosed is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. .Legal Notices LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN THAT pursuant to Section 276 of the Town Law, public hear- ings will be held by the Southold Town Planning Board at the Town Hall, Main Road, South- old, New York in said Town on the 8th day of December, 1986 on the question of the following: 7:30 p.m. Approval of the pre- liminary maps for the major sub- division of Daniel Marcucci cared at Southold in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the corner of the intersection of the easterly side of Reydon Drive and the northerly side of North Bayview Road; running thence along the easterly side of Roydon Drive, N.8°18'11' East, 918.78 feet; thence along an arc of a curve bearing to the right having a radius of 30 feet a distance of 31.42 feet; thence along an arc of a curve bearing to the right having a radius of 165' a dis- lance of 68.93 feet to a land shown on "Map of Reydon Shores, Inc." Map No. 631; thence S.83°03'05'' East along said last described land, 554.10 feet; thence S.8°32'59'' West, along said last described land, 1000.28 feet to the northerly side of North Bayview Road; thence along the northerly side of North Bayview Road, N.86°24'52'' West, 597.83 feet to the corner at the point or place of BEGINNING. Containing 13.8983 acres. 7:45 p.m. Approval of the minor subdivision of Howard Hoey located at Orient, in the Town of Southold, County of Suf- folk and State of New, York and bo~d and desccibed as fei- BEGINNING at a t marked by a concrete monument set on the southerly side of the Main Road, which point marks the northeasterly corner of the property therein described and the northwesterly corner of land of Latham; running thence along said line of Latham, S.6°28'40'' East, 257.56 feet thence along other land of Hoey, N.83°10'20" West 181.11 feet; thence along lands of Hoey and Hardman, N.6°49'40'' East, 337.92 feet to the southerly side of Main Road; thence along the southerly line of the Main Road East 150 feet to the concrete monument, a point or place of BEGINNING. Containing 38 8:00 p.m. Approval of the minor subdivision for Thomas Samuels located at Orient, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the corner formed by the intersection oftbe easterly side of Narrow River Road with the northerly side of Orchard Street; running thence along the easterly and northeas- terly sides of Narrow River Road, the following two courses and distances: (1) NA5°44'40' East, 311.32 feet; and N.39°12'30'' West, 328.57 feet; running thence along land now or formerly of Edwin H. King; the following two courses and distances Il) N.42°29'50'' East, 221.79 feet and (2) N.36°14' East 80 feet, more or less to the ordi- nary highwater mark of Hal- lock's Bay; thence easterly, southeasterly and southerly along the ordinary high water mark of Halleck's Bay as it winds and turns 975 feet more or less to the northerly side of Orchard Street; and thence wes- terly along the northerly side of Orchard Street, 100 feet; more or lpss to the~c~.r~e]~int or lng 3.75 acres. Any person desiring to be heard on the above matters should appear at the time and place above specified. [ ) Dated November 20, 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN of Greonport, in 1TN27-5430 ...... · , ~...u uuly sworn, says that ha/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, CounW of Suffolk and State of New York, and that tha Notice of which the annexed a printed copy, has been regularly published In said Newspaper once each week for one weeks successively, commencing on the -?7 day of .n~r 19___8 6 Principal Clerk Sworn to before~:n/~ this ~ day of ,/~/~d) 19~Y~? SCHEDULE A ALL that certain plot piece or parcel of land, w~fh thc ~'~!fi~ ami ~r._~ ....... nrc tknrcz ...... LTd, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly line of Rocky Point Road, 708.44 feet northerly from the intersection of the northerly line of Main Road and the westerly line of Rocky Point Road; FROM said point of beginning,.~unning northerly along the said westerly line of Rocky Point Road 3579'~eet; THENCE along land now or formerly of Rosenberg, North 75 degrees 38 minutes 40 seconds West 867.40 feet to land now or formerly of Birten; THENCE Southerly along land now or formerly of Birten to point where said land herein described intersects the land of Sepenoskl; THENCE Easterly along the northerly line of said land of Sepenoski 602 feet to the point or place of BEGINNING. Containing 59.8 acres. Legal Notices LEGAl, NOTICE NOTICE OF HEARING NOTI(!E 1~ HEREBY GIVEN PLANNING BOARI) BENNET'P ORI,OWSKI, JR, STATE OF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) ua re L 5~a~: Lata of Graenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in one said Newspaper once each week for weeks successively, commencing on~t, ho day of_ 19__ / Principal Clerk ,s /-~ Sworn to before me th' __ dayof_ · ,~ ,,//'~ MARY K. DEGNAN LLGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIV- EN that pursua:nt to Section 276 of the Town Law, public hear- ings will be hel~ by the Southold Town Planning Board at the Town Hail, Main Road, Southold, New York, in said Town on the 24th day of November, 1986 on the question of the following: 7:3~) p.m. Approva} Of the final maps for the major sub- division of John and Oliva Fellinger-lhar to be known as "Woodbine Manor" located at Cutchogue in the Town of Southold, County of Suffolk, State of New York and bound ed and described as follows: BEGINNING at a point on the northeasterly side of Duck Pond Road, said point being distant N. 39°00'00'' West, 388 feet from the corner formed by the intersection of the nor- theastelry side of Duck Pond Road and with the northweste~ y side of Oregon Road, and run- ning thence N. 39o00'00`' West a distance of 2092.14 feet to the southerly corner of land now or formerly of John and Oliva Fellinger-lhar thence running along said land the following three (3) courses and distances: (1) N. 51°00'00" East, 250 feet; thence (2) S. 39°00'00" East 64.47 feet, thence (3) N. 51°00'00'' Easi 166.40 feet to land now or formerly of Joseph and Peter Zuhoski; thence along said land of Joseph and Peter Zuhoski the following two (2) courses and distances: (1) S. 40*25'00" East, 906.11 feet, thence (2) S. 40°27'25" East 697.04 feet to land now or formerly of Town of Southold, thence along said land now or formerly of To?n of Southoid the following four (4) courses and distari~(l) S. 51°00'00'' West 20all' '¥eet, thence S. 40°27'25"~Ed¢., 2~7,5.0,~ feet thence (3~'.S.~ 51°00 O0 West, 143.50 fCet,~.thence {4) S. 39000'00'' (~.s.t '50 feet to : point at the ~ort 5erly corner f other land now or formerly ~,f John and Oliva Fellinger-lhar, thence along said land of John and Oliva Fellinger-lhar N. 51o00'00'' West 300 feet to the point or place of BEGINNING. Containing 20.2 acres. 7:45 p.m. Public hearing on the question of approval of the preliminary maps for the major subdivision of Hodor and Staller to be known as "East Marion Woods" located at East Marion, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the westerly line of Rocky Point Road, 708.44 feet northerly from the intersection of the nor- therly line of Main Road and the westerly line of Rocky Point Road; from said point of begin- ning, running northerly along the said westerly line of Rocky Point Road, 3579.18 feet; thence along land now or formerly of Rosenberg, N. 75o38'40'' West 867.40 feet to land now or formerly of Bitten; thence southerly along land now or formerly of Birten, 3396.81 feet to the point where said land herein described intersects the land of Sepenoski; thence easterly along the northerly line of said land of Sepenoski 602 feet to the point or place of BEGINNING. Containing 59.8 acres. Any person desiring to be heard on the above matter should appear a~ the time and place above specified. Dated: November 10, 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN IT-11/1.3/8_6(9) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ~ ..... weeks successively, commencing on the ......... f.' 5' .......... dy ~pr ....... %:, . ...... : . /~ ..... / ¥ < Sworn to before me this ..................... day of Notary Public the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town of the 24th day of November, 1986 on the question of the following: 7:30 p.m. Approval of the final maps for the major subdivision of John and Oliva Fellinger-Ihar to be known as "Woodbine Manor" located at Cutchogue in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a point on the northeasterly side of Duck Pond Road, said point being distant N. 39000'00'' West, 388 feet from the corner formed by the intersection of the northeasterly side of Duck Pond Road and with the northwesterly sid~ of Oregon Road, and running thence N. 39000' 00" West a distance of 2092.14 feet to the southerly corner of land now o~ formerly of John and Oliva Fellinger-Ihar thence running along said land the following three (3) courses and distances: (!) N. 51°00'00" East, 250 feet, thence (2) S.39°00'00'' East 64.47 feet, thence (3) N. 51°00'00'' East 166.40 feet to land now or formerly of Joseph and Peter Zuhoski; thence along said land of Jospeh and Peter Zuhoski the following two (2) courses and distances: (1) S. 40°25'00" East, 906.11 feet, thence (2) S. 40°27'25'' East 697.04 feet to land now or formerly of Town of Southold, thence along said land now or formerly of Town of Southold the following four (4) co~rses and distances: (1) S. 51°00'00" West 20.01 feet, thence S.40°27'25'' East, 275.08 feet, thence (3) S. 51°00'00" West, 143.50 feet, thence (4) S. 39o00'00" East, 150 feet to a point at the northerly corner of other land now oformerly of John and Oliva Fellinger-Ihar, thence along said land of John and Olivia Fellinger-Ihar N.51°00'00" to the point or place of BEGINNING. Containing West 300 feet 20.2 acres. 7:45 p.m. Public hearing on the question of approval of the preliminary maps for the major subdivision of Hodor and Staller to be known as "East Marion Woods" located at East Marion, in the Townof Southold, County of Suffolk and State BEGINNING at a point on the westerly line of Rocky Point Road, 708.44 feet northerlY from the intersection of the northerly line of Main Road and the westerly line of Rocky Point Road; from said point of beginning, running northerly along the said westerly line of Rocky Point Road, 3579.18 feet; thence along land now or formerly of Rosenberg, N. 75°38'40" West 867.40 feet to land now or formerly of Birten; thence southerly along land now or formerly of Birten, 3396.81 feet to the point where said land herein described intersects the land of Sepenoski; thence easterly along the northerly line of 602 feet to the point or place of BEGINNING. acres. said land of Sepenoski Containing 59.8 Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated November 10, 1986 BY ORDER OF THE~$OUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN Please ~u~blish one time only on November 13, 1986 and forward two (2) affidavits of publication to the Southold Town Planning Board, Main Road, Southold, New York. Copies mailed to the following on November 11, 1986: Suffolk Times Long Island Traveler W~tchman Supervisor Francis J. Murphy S. Scheinberg, esq. I. Price, esq. LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town of the 24th day of November, 1986 on the question of the following: 7:30 p.m. Approval of the final maps for the major subdivision of John and Oliva Fellinger-Ihar to be known as "Woodbine Manor" located at Cutchogue in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a point on the northeasterly side of Duck Pond Road, said point being distant N. 39°00'00" West, 388 feet from the corner formed by the intersection of the northeasterly side of Duck Pond Road and with the northwesterly sid~ of Oregon Road, and running thence N. 39o00' 00" West a distance of 2092.14 feet to the southerly corner of land now o'r formerly of John and Oliva Fellinger-Ihar thence running along said land the following three (3) courses and distances: (1) N. 51°00'00,, East, 250 feet, thence (2) S-39°00'00'' East 64.47 feet, thence (3) N. 51°00'00" East 166.40 feet to land now or formerly of Joseph and Peter Zuhoski; thence along said land of Jospeh and Peter Zuhoski the following two (2) courses and distances: (1) S. 40°25'00" East, 906.11 feet, thence (2) S. 40°27'25'' East 697.04 feet to land now or formerly of Town of Southold, thence along said land now or formerly of Town of Southold the following four (4) coJrses and distances: (1) S. 51~00'00- West 20.01 feet, thence S.40o27,25. East, 275.08 feet, thence (3) S. 51o00'00'' West, 143.50 feet, thence (4) S. 39000'00'' East, 150 feet to a point at the northerly corner of other land now oformerly of John and Oliva Fellinger-Ihar, thence along said land of John and Olivia Fellinger-Ihar N.51o00,00. West 300 feet to the point or place of BEGINNING. Containing 20.2 acres. 7:45 p.m. Public hearing on the question of approval of the preliminary maps for the major subdivision of Hodor and Staller to be known as "East Marion Woods" located at East Marion, in the Townof Southold, County of Suffolk and State BEGINNING at a point on the westerly line of Rocky Point Road, 708.44 feet northerly from the intersection of the northerly line of Main Road and the westerly line of Rocky Point Road; from said point of beginning, running northerly along the said westerly line of Rocky Point Road, 3579.18 feet; thence along land now or formerly of Rosenberg, N. 75°38'40" West 867.40 feet to land now or formerly of Birten; thence southerly along land now or formerly of Birten, 3396.81 feet to the point where said land herein described intersects the land of Sepenoski; thence easterly along the northerly line of said land of Sepenoski 602 feet to the point or place of BEGINNING. Containing 59.8 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated November 10, 1986 BY ORDER OF THE-$OUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time only on November two (2) affidavits of publication to the Board, Main Road, Southold, New York. Copies mailed to the following on November 11, Suffolk Times Long Island Traveler Watchman Supervisor Francis J. Murphy S. Scheinberg, esq. I. Price, esq. 13, 1986 and forward Southold Town Planning 1986: T, LD Southold. N.Y. 11971 (516) 765-1938 October 22, 1986 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street P.O. Box E Greenport, NY 11944 RE: Staller Associates/East Marion Woods Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, October 20, 1986. RESOLVED that the Southold Town Planning Board amend the resolution of sketch plan approval granted on September 15, 1986 for the major subdivision proposal of Staller Associates, to be known as "East Marion Woods" to read as follows: "RESOLVED that the Southold Town Planning Board approve the sketch map for the majo~ cluster subdivision of Staller Associates to be known as "East Marion Woods" for 26 lots on 59.8 acres at Rocky Point Road, East Marion, survey dated September 11, 1986 and, BE IT FURTHER RESOLVED that the approval of this preliminary sketch map and ultimate approval of a preliminary plan and final map is conditioned upon the withdrawal and discontinuance, without cost, of the Article 78 proceeding currently pending against this Board entitled Hodor/Staller versus the Planning Board of the Town of Southold, Index # 84-13627, at the time of filing and acceptance of the preliminary plan." If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD T LD Y Southold, N.Y. 11971 (516) 765-1938 October 9, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of "East Marion Woods, Hodor-Staller, located at East Marion, tax map no. 16~9~31-1-5.1 This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until October 23, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. cc: Department By Diane M. of Health Services Schultze, Secretary T iLD Y Southold, N.Y. 11971 (516) 765-1938 October 1, 1986 Raymond Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 Re: East Marion Woods Dear Mr. Jacobs: Enclosed, for your review, abov mentioned subdivision. is a preliminary map for the This map is a compromise worked out with the applicant and the Planning Board to alleviate an Article 78 proceeding. The proposal will have common rights-of-way and common driveways as indicated. May we have your comments or recommendations with regard to this proposal. Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRM3~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold, N,Y. 11971 (516) 765-1938 October 1, 1986 Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - 12th Flr. Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: We are hereby submitting the preliminary subdivision map of "E~ Marion Woods" located in East Marion to you for your comments. This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 1333, Article XIII of the Suffolk County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: Materials submitted: 31 1 ~.1 Preliminary Map (3 copies) X ; Topographic Map (1 copy) Tn~l,,d~d Drainage Plan (1 copy) ; Street Profiles (1 copy) ; Proposed Grading Plan (1 copy) ; Other materials (specify and give number of copies) Comments: This cluster under Section 281 is a revision from the previous referral of May 1983, however, still in preliminary review. Very truly yours, Bennett Orlowski, Jr. ~ Chairman Southold Town Planning Board OCT o988 TOWN OF $OUTHOLD 600 CENTRAL AVENUE SUITE 3'10 HIGHLAND PARK, IL 60035 [3 '12] 433-2460 September 30, 1986 Supervisor Town of Southold Main Road Southold, NY 11971 RE: Our File No.: Insured: Claimants: MO 7289 Town of Southold Hodor & Staller Adg. Date, Dear Sir: This will acknowledge receipt of a Petition filed in the Special Term, Part I of the Supreme Court of the State of New York by Lewis Hoder and Max Staller essentially complaining that their development should be exempt from a Town rule. They have requested injunctive relief and mandamous type relief. I see nothing that would require the response of Forum Insurance Company. Forum Insurance Company has hired Certified Management Services to handle the claims under the Public Officials Liability program, and under their policy PO-24962, it would appear that coverage expired on November 17, 1985. According to our file, the show cause order was served on the Town one day later on November 18, 1985. Forum Insurance Company issues a claims made policy and only covers those losses presented during the term of the policy. However, before I get into quoting from the policy concerning that, it just does not appear to be a case that would be covered regardless of time of service. I have opened the file and suggest that if there is any argument with our position concerning this matter, that we be advised as soon as possible. It is nearly a year since this was served, and I do not consider that notice is supplied to Forum Insurance Company as soon as practicable either. September 30, 1986 Page-2 I am not taking any action concerning this matter and await any further responses concerning it. Yours very truly, Claims Supervisor CFB: mmr cc: Mr. William H. Price McMann-Price Agency 828 Front Street Greensport, NY 11944 S£P ,?, 4 SMITH~ FINKELSTEIN, LUNDBERO~ CRIMMLN$ AND YAKABOSK! September 23, 1986 Howard E. Pachman, Esq. Pachman & Oshrin, P.C. 366 Veterans Memorial Highway P. O. Box 273 Commack, New York 11725 Re: Hodor & Staller v. Town of Southold Dear Howard: I am writing at this time concerning the provision of the resolution approving the preliminary plan of Messrs. Hodor and Staller, which conditions the approval on with- drawal of the Article 78 proceeding currently pending against the Town of Southold. You and I discussed whether the discontinuance should be required at this stage, and I agree with you that it is probably premature at this point, yet, really what difference would it make if the proceeding were discontinued now or on preliminary approval. Obviously, my concern is as follows: With respect to our Board, it would seem to me that if the plan ulti- mately submitted as the preliminary plan conforms to the lay- out shown on the sketch plan, the preliminary approval will be forthcoming; however, prior {o receiving preliminary approval, the applicants will be required, I believe, to seek and obtain Health Department approval which may not be forth- coming through no fault of our Board (obviously, we would have no position to take with the County) and through no fault of your clients. If the County refused to approve the sub- division, it would seem to me that this would not bear directly or indirectly on the Article 78 proceeding and that at that juncture it should be discontinued in any event. What I am saying is that I would like to cooperate in framing the resolution approving the sketch plan in what- ever way possible. SMI?~, FINKELSTEIN, LUNDBERG, CRIMMIN$ AN]) BOSl{I Howard E. Pachman, Esq. -2- September 23, 1986 I will forward a draft to each of you and, perhaps, we should discuss it further prior to the Board's next meet- ing of October 6th. Very truly yours, FRANCIS FJY:mo cc.: Irving L. Price, Jr., Esq. Chairman of Southold Town Planning Board J. YAKABOSKI ~ ~/~¥ 2 2 1986 SMITH~ ¥INKELSTEIN, LUNDBER(~, CHIMMINS AND YAKABOSKI May 21, 1986 Planning Board of the Town of Southold Main Street Southold, New York 11971 Re: Hodor & Staller v. Town of Southold Gentlemen: I have been advised by the attorney for Messrs. Hodor and Staller that it has not been possible to resolve the subdivision dispute, and that it will be necessary to litigate this matter. Very truly yours, FRANCIS J. YAKABOSKI FJY:mo STALLER ASSOCIATES INC. /\, / /( i ', ' 1455 Veterans Highway Hauppauge, N.Y. 11788 516-234-7711 May 20,. 1986 Francis J. Murphy Southold Supervisor Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Supervisor Murphy: Enclosed is the letter I received that was forwarded by Mr. Van Tuyl. As you are. aware, we have made every attempt to compromis~ the situation with the Town Planning Board. For your information I would like you to have a copy of. the last proposal that was made in an effort Go compromise, and as indicated to you, our willingness to be flexible. I certainly appreciate all the help you have given us in the past and am sorry that we have to take the route of court action again (a copy of our attorney's letter to Mr. Yakaboski is also enclosed) . Yo~truly,~_~,.% Erwin P. Staller President EPS/mbb Encs. T, LD Southold, N.Y. 11971 (516) 765-1938 May 13, 1986 Mr. Rod Van Tuyl Front Street P.O. Box 8 Greenport, NY 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Van Tuyl: The Town Planner, David Emilita, has reviewed the amended surveys on the above mentioned proposal which were submitted on April 30, 1986. Mr. Emilita requested that I forward the following comments to you: 1. The maximum number of lots allowed is 26. 2. Proposed Lot No. 27 has no legal access. If you have any questions, please don't hesitate contact our office. to Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary PL~RD O~ .V~.., OF SOUT:H:OLD Southold, N.Y. 11971 (516) 765-1938 May 13, 1986 Mr. Rod Van Tuyl Front Street P.O. Box 8 Greenport, NY 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Van Tuyl: The Town Planner, David Emilita, has reviewed the amended surveys on the above mentioned proposal which were submitted on April 30, 1986. Mr. Emilita requested that I forward the following comments to you: 1. The maximum number of lots allowed is 26. 2. Proposed Lot No. 27 has no legal access. If you have any questions, please don't hesitate contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 May 13, 1986 Mr. Frank Yakaboski Smith, Finklestein, Lundberg Crimmins and Yakaboski Attorneys at Law 456 Griffing Avenue Riverhead, NY 11901 Re: Hodor/Staller "East Marion Woods" Dear Mr. Yakaboski: Enclosed is a copy of the latest correspondence from David Emilita to Mr. Van Tuyl regarding the above mentioned subdivision. This should bring you up-to-date on the status of the matter. Please contact our office if you have any questions. .Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. P L~~.4~R D T ONd~_. OF S~iU,~I~(! LD 8ou~hold. N.Y. 11071 (516) 765-1938 May 13, 1986 Mr. Rod Van Tuyl Front Street P.O. Box 8 Greenport, NY 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Van Tuyl: The Town Planner, David Emilita, has reviewed the amended surveys on the above mentioned proposal which were submitted on April 30, 1986. Mr. Emilita requested that I forward the following comments to you: 1. The maximum number of lots allowed is 26. 2. Proposed Lot No. 27 has no legal access. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary P,L~D T (ii~~~;~ ~ L D S ~I~ ~,L~"~T i Southold, N.Y. 11971 (516) 765-1938 January 23, 1986 Mr. Rod Van Tuyl Front Street P.O. BOx 8 Greenport, NY 11944 Re: Hodor Staller East Marion Woods Dear Mr. Van Tuyl: Enclosed is a survey for the above mentioned proposal which has been prepared by David Emilita for your consideration. Mr. Emilita asked that I forward this to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board enc. RODERICK VAN TUYL (L.S.) COLIN VAN TtJY/ RODERIOK VAN TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 477-017O OTTO W. VAN TUYL Professional Engineer (Retired) Dec. 23, 1985 Southold Town Pla:~ning Board Town Hall Southold, ~ 11971 Att: Dave Emelita Re: East Marion Woods Dear Dave: in case I don' t get to see you today, I un enclosing copies of two layouts of the Staller subdivision in East ~arion, pursuant to our previous discussion. After sending the cluster-type layout to the developer, he wo~uld much prefer to revert to the two-plus acre plan as shown on the other map prepared January 7, 1985, which shows a f~Llly developed plan, with a 3-acre park, and the same number of flag lots as on the cluster arrangement. Since the developer represents a third party and has conveyed to me their desire to have the larger lots with more individual open-space under each purchaser's control, and the removal of any responsibility of maintaining and/or being tax- liable for the some 31 acre~,~open-space delineated in the ~luster layout, we have been~'~urgently request the Board's consideration of the full-development plan. We are, in the meantime, contacting the well-driller for new samples of the water from the original wells as per Health Department requirements, and understand that the test- holes previously done will be satisfactory. Since we are both aware of the history of this pro- posed development, it is the owner's desire to pursue the approval of the ultimate plan as quickly as possible, and do trust that we may be hearing from you or the Board in the very near figure. cc: Staller Associates Very truly yours, Roderick Van Tuyl, PC At a Special Term, Part I of the Supreme.Court of the State of New York, held in and for the County of Suffolk, at the Courthouse, located at the County Center, Hauppauge, New York, on the \~ day of July, 1984. PRESENT : HON. JUSTICE LOUIS HODOR and MAX STALLER, Petitioners, - against - TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, :~D THE PI2~NNING DOA~D OF THE TOWN OF SOUTHOLD, Respondent. ORDER TO~ '" -~ SHOW CAUSE -x Upon reading and filing the annexed petition of LOUi~ HODOR and MAX STALLER, acknowledged by MAX STALLER, dated the day of July, SO ...... D, and the decision of the TOWN BOARD OF THE TOWN OF dated the 8th day of May, 1984, recorded in the office of tke Clerk of the TO'~:N OF SOUTHOLD on .ne same date, both annexed hereto and forming a part hereof, LET the Respondent S ..... CAUSE before a Special Term, Part I of this Court, to be he_~ at t .e Courthouse in and for the County of Suffolk, located at Grilling Avenue, Riverhead, New York, on the 2nd day of August, 1984, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard: (A) Why a ~':dgment should not be granted herein dir9cting that the decision of the TOWN BOARD O? THE TOWN O? SOUTHOLD At a Special Term, Part I of the Supreme.Court of the State of New York, held in and for the County of Suffolk, at the Courthouse, located at the County Center, Hauppauge, New york, on the \~ day of July, 1984. PRESENT : HON. JUSTICE LOUIS HODOR and MAX STALLER, Petitioners, - against - TO%TN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, ]~D THE P!2~NNING DOAiRD OF THE TOWN OF SOUTHOLD, Respondent. ORDER TO SHOW CAUSE Upon reading and filing the annexed petition of LOU%~ EODOR and MAX STALLER, acknowledged by MAX STALLER, dated the day of July, and _ne decision of the TOWN BOARD OF THE TOWN OF SO ...... D, dated the 8th day of May, 19S~, recorded in the office of tke C£er?. of the TO'EN OF SOUTHOLD on _ne same date, both annexed hereto and forming a part hereof, LET the Respondent CAUSE before a Special Term, Part I of this Court, to be ~ at t.e he_~ Courthouse in and for the County of Suffolk, located at Griffing Avenue, Riverhead, New York, on the 2nd day of A~gust, 1984, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard: (A) Why a j'~dgment should not be granted herein directing that the decision of the TOWN BOARD OF THE TOWN OF SOUTHOLD -!- dated May 8, 1984, denying petitioner's request for relief as provided for in said Local Law 11-1983 and timely filed by petition on or about November 4, 1983 (within the requisite time periods set forth in Local Law 11-1983) be annulled, vacated and set aside and that the TOWN BOARD OF THE TOWN O~ SOUTHOLD be ordered, directed and required to allow petitioners to: (1) Complete the approval process for the filing of the subdivision known as the "Map of Marion Woods, Section I:', which map was originally submitted pursuant to the subdivision regulations of the TOWN OF SOUTHOLD, the Town Law of the State of New York, the rules and regulations of tke Department of Health of the County of Suffolk, in that the petSt!oners have complied with all the requirements of Local Law 11-1983 and subdivision regulations of the TOWN OF SOUTHOLD, and as a matter of law should be allowed to receive approval of said maD under the one-acre requirement previously in effect, rather than under the two-acre regulation now in effect; or (2) In the alternative, to remand the matter to the TOWN BOARD OF THE TOWN OF SOUTHOLD for a new hearing pursuant to Local Law 11-1983, because no adequate findings or conclusions can be found in the resolution of the TOWN BOARD OF THE TOWN OF SOUTHOLD in its decision of May 8, 1983. !~ Process the subdivision known as "Map of ~arion Woods, Section I" under the rules, regulations and conditions in force and effect prior to the adoption of Local Law 7-1983 dispatch. (May 16, 1983) with all due deliberate (B) Why this Court, at special Term, should not dispose of this cause on the merits, determining all questions which may be presented for determination under Section 7803 of the CPLR, or otheriwse; and (C) Why the application, as requested, should not be granted for the purposes herein sought; together with such other, further or different relief which to this court may seem just and proper herein; and it is further ORDERED that the respondent is required, upon the return date as aforesaid, to annex to its answer a certified transcript of tke record of the proceedings subject to this review, along with all exhibits, maps, reports, letters, correspondence or other written documents made a part of such proceedings; and it is further ORDERED that, sufficient cause appearing therefor, service of a copy c? this Order and the Petition upon which it is issued shall be deemed sufficient upon all the defendant herein by personal service thereof upon Robert W. Tasker, the Town Attorney for the TOWN OF SOUTHOLD, or upon JUDITH T. TERRYi the Clerk, by certified mai!,~return receipt requested, addressed to respondent, mailed on or before the 23rd day of July, 1984. SUPREME COURT OF THE STATE OF NEW COUNTY OF SUFFOLK LOUIS HODOR and MAX STALLER, Petitioners, YORK - against - TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, and THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, Respondents. Index No. PETITION Petitioners, LOUIS HODOR and MAX STALLER, by their attorneys, PACHMAN, OSHRIN & BLOCK, P.C., of counsel to IRVING L. ?~ICE,JR., ESQ. allege as follows: !. That petitioners, LOUIS HODOR and MAX STALLER, with offices aa 1455 Veterans Memorial Highway, Hauppauge, New York, 117S$, are the owners of a certain parcel of real property located on the west side of Rocky Point Road, East Marion, New York. 2. The Petitioners acquired title on or about May 24, 1973, by deed recorded in the Office of the County Clerk on June 12, 1972, in Liber 7412, cp 543. 3. That, upon information and belief, defendant, the TC,~N OF SOUTHOLD is a domestic, municipal corporation existing under the laws of the State of New York. 4. That the PLANNING BOARD OF THE TOWN OF SOUTHOLD (hereinafter called P~_2%NNING BOARD) is a duly constituted board and/or agency of the TOWN OF SOUTHOLD, whose functions and duties are set forth in the Code of the TOWN OF SOUTHOLD and the Town Law of the State of New York. 5. That the TOWN OF SOUTHOLD adopted a zoning ordinance which, as amended, and from time to mentioned, was and still is claimed time as hereinafter by the TOWN OF SOUTHOLD to be in full force and effect. 6. That Article "III, entitled "A Residential and called "Residential A"). 7. For some time on or before May 20, 1983, the acreage 100-30: of the Zoning Ordinance is Agricultural District" (hereinafter requirement for subdivision in Residential A was a minimum of 40,000 square foot of area ( 1 acre) per subdivided lot. 8. On or about August 31,1981, petitioners co~=nced to prepare a subdivision map for a portion of the property acquired by them, to-wit: 25.100 acres, bearing tax map designation: District !000, Section 030, Block 2, and known as "Map of East Marion Woods, Section One" with the PLANNING BOARD OF THE TOWN OF SOUTHOLD. At that time, in accordance with the Residential A zoning, the requirement was subdivided parcel. A copy of hereto as Exhibit A. 9. In the latter part 40,000 square feet (one acre) per the subdivision map is attached of 1980, the petitioners contacted the Suffolk County Department of Health Services (hereinafter called the Department of Health) with a view towards finding that the water quality was acceptable at the site of the preposed subdivision. A local well driller was contacted, who --2-- ~t in three test holes which were found to be acceptable by the Department of Health in December of 1980. T° insure the accuracy of the test holes, the Department of Health requ.ired the installation of certain test wells on the site to further verify the nonexistence of nitrates and other deleterious substances to the water quality. Wells were installed and tested on three occasions, twice by the Department of Health, in February and April, 1981., and were found satisfactory by a private test in July, 19~1. 10. Thereafter, an issue arose between the petitioners and the Department of Health as to the accessability of public water. Apparently, there was public water in the area, but the a determination had to be made c.s to whether it could be extended to the proposed subdivision. After much time, the exploration proved futile, since public water could only be obtained Dy the extension of the existing public water from its present terminus over other lands, necessitating easements over private 5an~s, a solution which was both impractical and expensive. The concept was eventually abandoned by the Department of Health. They indicated that petitioners' well proposals would be approved. 11. The following is a summary from the records of the p~%NNING BOARD with regard to the events that occurred before the PLANYSNG BOARD with regard to the filing of the proposed Map of East Marion Woods, Section One, as abstracted from their records: Aup. 31, !98~ - Sketch maps office. submitted to Planning Board --3-- Sept. 14, 1981 Sept. 15, 1981 - April 29, 198~ - May 10, 1982 May 26, 1912 June!q, 1982 Planning Board review. Mr. Mullen and Mr. Latham reported to the Board following an on-site inspection. It was the concensus of the Board that covenants be drawn stipulating that no further subdivisions are to be done on any of the parcels in the future. The Board requested that another set of maps be drawn. Letter to William Price, Esq. confirming the request of the Board at the Sept. 14th meeting. Amended maps submitted to the Planning Board. Planning Board meeting; Mr. Irving Price., Esq. met with the Board to discuss the application. Mr. Price stated that he had verbal approval from Mr. Raymond Dean and Mr. Lawrence Tuthill. The Board requested that the 17 acres left out on the southern portion be labeled. Mr. Roderick Van Tuyl stated there were two areas, one in the south and one on the north, for conven- tional drainage system. The Board was to make a field inspection of the property. prior to making a determination. Letter informing Mr. Irving Price, Esq. of the concensus of the Planning Board during a field inspection of the property. The Board asked that the following changes be made: Phase i and Phase II be revised to Phase I being lots 13-32 inclusive, plus 30-32 with a park area. Road construction to be east-west road, 470 feet at the South end of section I and 1,150 feet north and south within section I. Section II consists of Lots 1-12 inclusive, plus 33-35 and drainage area. East-west roadway to be 800 feet on the south end of seclion II and 900 feet running north and south within section II. The L7 scres of farm land south of Section I should be labeled as Section Ii!. - Six copies of proposed subdivision maps submitted to the Planning Board in accordance with the request of May 26, 19~2. June 28, 1982 - Planning Board declared Lead Agency wi~h May July !, 1982 - Oct. 14, 1982 - regard to the State Environmental Quality Review Act. Pla~nn~ng_~rd granted sketch approval of the subdivision.''- -- ' Letter to Irving Price, 'Esq., informing him of the Planning Board action of June 28, 1982. ~elve copies of the preliminary plan of the subdivision submitted to the Piannin~ Board office. Planning Board received a copy'of correspondence from Mr. Irving Price, Esq. asking the Suffolk County Department of Health Services for information regarding · their application under Article 6 of the Suffolk County Sanitary Code. Dec. 10, 1982 - Planning Board requested twelve copies of '% road profiles application and fee. April ~'3, 1983 - Six copies of drainage and six copies of road profiles received by Planning Board along with prop.~.sed covenants and 17, 1983 {~re'_ S~0~rt~environmental assessment form, ~I a__ .' ~: fee and 6 additional copies of the road pro~!e received b_~_~y :~e ............ ---C_'a ntt. ±ng Board ..... May 26, !~83 - Planning Board requested 6 copies of the preliminary plan for referrals to Suffolk County Planning Co..-unission. It was noted that s~:~ copies were £eceived on April 13, ?.9~3; however, these were distributed to the Planning Board and the a~ditiona! copies would be needed for forwarding to Superintendent of Highways and Town Engineer. May 31, ~9~3 A complete copy of Planning Board made referrals to Suffolk County Planning Commission, DEC, Depart:t.)nt of Health Services, Town Engineer and Superintendent of Highways. tke Planning Board's abstracts is attached hereto as Exh_b__ B. !2. On or about >:ay 16, 1983, the TOWN OF SOUTHOLD adopted Local Law ~_~ao to ..... 3 require that, thereafter,a__l~ subdivision -5- lots in Residential A were.required to have a minimum of ~0,000 sqcare feet (two acres). See Exhibit C attached hereto. 13. The following events thereafter took place before the PLANNING BOARD: July 1, 1983 Planning Board informed Irving ~Price, Esq. that there had been no compliance with Article 6 of the Suffolk County Department of Health Services regarding this subdivision. Since the Town Board had legislated two-acre zoning, and the subdivision did not meet with the zoning requirements enacted on May 20, 1983, it was recommended that an appointment be made to discuss revisions for compliance w~th ane present zoning. July 5, 1983 Planning Board received a copy of a letter sent to Jeffrey Ferber of Staller Associates, by Irving Price, Esq. Mr. PrSce requesued Mr. Ferber to look into the Article 6 proceedings and perhaps meet with Fr. Price to discuss the progress of this. 14. Sqbse~uently, a formal application was made.~_to the Department of Health on July 22, 1983. It was formally approved o~__~t 4, 1983. Unfortunately, the events before the PLANNING BOARD forestalled the final filing of the map by the upzoning of the ~ro~e~tv~ . _ ~ from one-acre zoning ~to two-acre zoning. The acts of the petitioners never contributed to the delay of filing of the map. in the ~ December is significant to note that two articles appeared media, The Suffolk Times, on October 21, 1982, and ~98~, which provide an excellent example which evinces the Town and County actions which inhibited prompt and timely filing of maps because of the concern of water quality on the North Fork and the number of maps being processed by the ?.2%NNING BOARD. (They are attached as Exhibit D). -6- 16. On or about August 9, 1983, the TOWN BOARD OF THE TOWN OF SOUTHOLD adopted Local Law 9-1983 effective August 16~ 1983. Local Law 9-1983 was entitled "A local law to amend Chapter 100 (Zoning) of the Southold Town Code in relation to area and yard regulations" .. The most significant additional provision was a certain "grandfathering" clause for subdivisions that were pending before the TOWN OF SOUTHOLD PLANNING BOARD at the time of the upzoning from 40,090 square feet (1 acre) to 80,000 square feet (2 acres). The following partial excerpt is significant to note: "100-31 - Bulk and parking requirements [amended 8/9/83 by L.L. No. 9-1983] No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential, an agricultural district, unless the same conforms to the following bulk and parking requirements: Be The Bulk and Parking requirements for single family dwelling as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter sha53, apply to the following lots, to wit: Ail lots shown on Major and Minor subdivision maps which were Granted final approval by the Planninu Board subsequent to Novembetr 23, 1971 and prior to May 20, 1983. All lots shown on Major subdivision maps upon whic~he. P_!~anni~.~oard has held a hearing for preliminary map ~pprova!--~2~7~a_~..~2~0~ "---~' ....... Ail lots sho,.~n on Minor subdivision maps that have been Granted sketch plan approval by the PlanninG Board prior to May 20, 1983. Ail lots set off or created by approval of the P!annLnq ~oard subsequent to November 23, ..~971 and prior to May 29, ..~.~ -7- The Bulk and Parking requirements for single family dwellings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the fol. lowing lots, to wit: AIl lots shown on Minor subdivisin maps which hae been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) Ail lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on, or after May 20, 1983. (3) AIl lots setoff or created by approval of the Planning Board on or after May 2C, 1983." A copy is attached hereto as Exhibit E. 17. In the minutes of the public hearing considering adoption of Local Law 9-1983, the following statement by the Councilman Nickles appears: "COUNCILMAN NICKLES: I think that the people are aware it's impossible to legislate for every instance and the Town B~ard today discussed the formation of a review board, which is not a new idea, we've been discussing it early on in tke cwo acre proposal, but shortly the Town Board will _~= gett£ng '-~'~ner with representatives from tke Zoning Board and the 31anning Board to come up with a review boar~, ~c!%ich w~%ll probably be the Town Board to sit and r~view ~eoQle that may wish to submic their properties for exemD%io~'~ ~3~cau~e of difficult circumstances they may have .. . suod~v~=zon. In other words, occurreC in processin.~ their ~ ~ '~' we're ooin.~ to ~rovide relief, but tke Town still has to ~ecf~ '~'na~a ~e criteria and what the guidelines are going to 2~e. It will be a Local Law, and we'll have to go through all the Local Law process in terms of referring out the Local Law to the various planning commissions for their review, public notice, public hearing and then a decision will be made." (emphasis supplied) A copy of the Town Board minutes if attached hereto as Exhibit '~ 18. The ~ ~ ' ~o_~owlng took place before the Planning Board with reference to East Marion Estates, Section 1: Aug. 22, 1983 Planning Board received ! mylar and 4 paper prints of the subdivision with the Suffolk Couy.~y Department of Health Services approval --8-- endorsed. Sept. 22, 1983 - Letter to Irving Price, Esq. acknowledging receipt of the preliminary maps and informing him that since a public hearing on the preliminary map was not held, the subdivision wouid fall under 2-acre zoning. It was suggested that the Supervise~:s office be contacted if the applicant wished to seek exemption from this. 19. On or about October 4, 1983, the TOWN BOARD OF THE TOWN OF SOUTHOLD adopted Local Law 11-1982, entitled "A local law to provide for relief from Local Law 9-1983, which became effective October 11, 19'83. A copy is attached hereto as Exhibit G. This local law provided for exemptions for maps which were filed prior to January 1, 1983, as explained by Councilman Nickles in Paragraph 17 hereof. 20. It is patently obvious that Local Law 11-1983 applied to, and was encompassed to include, petitioner's subdivision, which was filed on September 4, 1981, some two years before the cut-off date set forth in the Local Law. 21. Zn pursuance of the relief provided in Local Law 1].-1983, in November, 1983, petitioner filed for relief under Local Law 11-1983. A cc~y is attached hereto as Exhibit H. 22. On May 8, 1984, petitioners' application was inappropriately rejected by the TOWN BOARD which decision stated in part: "WHEREAS, Louis Hodor and Max Staller, by petition dated October 24, 1983, applied to the Southo!d Town Board for relief from the Bul;~ requirements of the Zoning Code on certain property containing 25.100 acres on the west side of Rocky Point Roa~, East Marion, known a~ 'East Marion Woods, Section I', and WMEREAS, said petition ScutholC Town Planning Board --9-- was referred to the and Suffolk County Department of Planning for their recommendations, and ~ public hearing was held by the WHEREAS, a Southold Town Board on said petition on the 13th day of March,1984, at which time all persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Louis Hodor and Max Staller be and hereby are denied, relief from the Bulk requirements of the Zoning Cpode as provided in Local Law No. 11 - 1983, On a certain property containing 25.100 acres on the west side of Rocky Point Road, East Marion, known as "East Marion Woods, Section 1". It is the determination of the Southold Town B~ard t'%n~ the petitioners did not diligently prosecute their Det~ion for a Major Subdivision, therefore, final a~rov~i cou!~ not be granted by the Plannina BoaLd prior to ~ay ~0, 19~3." .(emphasis supplied) 23. A review of Petitioners' application .!,?(hibit H) reveals that it contains, in part, the following: "That petitioner, as stated above, had actually received sk~U'cq~-p~3~.roval on June 28, ~19__82, and thereafter diligently and ±n~-~6~k-~- prosecuted such application when and as the various maps and County Board of Health approval became available to him, and final approval of this subdivision map was p__o~ to May 20, not granted by the Planning Board 1983, due to circumstances b'~3'ond the control of the petitioner;" 24. The legislative findings contained in Local Law 1.-_~983 are most tel!in~ and are excergted as follows. "(1) Findings: (a) On May 16, 1983, the Town Board enacted Local Law No. 7 which increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as 9~ its effective date of May 20, 19S3. (b) On August 9, 1983, the Town Board enacted Local Law No. 8, 1983, which excepted certain subdivision maps from the lot area, width, depth andyard requirements specified in sa~d Local Law No. 7, 1933. (c) The Town Board has now ascertained that there exists many owners of land who had -10- expended time and money in the prepara- tion of subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983, but due to circumstances beyond their control were unable to have such subdivision maps a'pproved by the Planning Board prior to MaY 20, 1983. (d) That the Town Board finds that in such instances, it would be inequitable to require such land owners to conform to the requirements established by Local Law No. 7, 1983, and that such owners should be given an opportunity to petition the town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983 shall apply to the subdivision described in said petition. (2) Subdivision Maps Affected The provisions of this Section shall apply to the following subdivision maps: (a) Minor subdivision maps for which an application for sketch plan approval was filed with the Planning Eoard prior to March 20, 1983. (b) Major subdivision maps for which an application for skeach plan approval was filed with the Planning Board prior to January 1, 1983. 25. It is self-evident that the requirements by the PLANNING BOARD and the Suffolk County Health De~artment~were the cause.~of the delay in processing the map and the obtaining of approval prior to May 20, 1983, not the petitioners lack of interest, as stated in the Town Board's decision- 26. The petitioners, have no adequate remedy at law, since the TOWN BOARD has proceeded to act in violation of the express findings of an unambiguous ordinance, and thereby, the petitioners are being deprived of valuable property rights. 27. The determination of the respondent is not warranted by the facts, is in error, is illegal, unjust, void, arbitrary, capricious, unauthorized and contrary to the'Zoning Ordinance of the TOWN OF SOUTHOLD and is violative of the laws of the State of New York, and not in harmony with the general purpose and interest of the public health, safety and welfare and is in violation of and is an abuse of any discretion vested in the defendants, in that: (a) The petitioners are aggrieved by the determination of the respondent, TOWN OF SOUTHOLD, in that the petitioners will suffer a diminution in the value of their property by reason of respondent's failure to grant to them a decision as requested in their application; and (b) The action and determination by respondent under said application was and is illegal, improper, arbitrary, capricious and an abuse of its discretion, in that respondent's determination is in conflict with the canons of construction, not warranted by the facts, not warranted by the laws app%Scable to petitionerS' property, is unjust and a hardship to petitioners and in disregard of petitioner's property r~hts; and that said respondent has applied improper, and irrelevant criteria, arriving at its determination; The determination made as hereinbefore described extraneous, erroneous, standards and rules in and -12- W~EREFORE~ dec ..... was not made in a civil action or special proceeding by a court of record or a judge of a court of record; that it was not made in a criminal matter; that it finally determined the rights of the petitioners with respect to the matter to be reviewed; that it cannot be adequately reviewed by an appeal of a court or some other body or officer. That this said petition is brought within a period of four (4) months from the 8th of May, 1984, the date of the rendering of the aforesaid TOWN BOARD determination; and (d) No previous application for review of this decision of the defendant board has been made by or on behalf of the plaintiff herein to any court or judge. the plaintiff asks judgment of this court it be adjudged and decreed: That Local Law 11-1983, as adopted, includes petitioners' property as a parcel deemed exempt from the requirements of new two-acre zoning, since applScation had been filed and was pending before the TOWN OF SOUTHOLD prior to the inception date of the up-zoning requirements provided for in Local Law 11-1983. (b) That the decision of the TOWN BOARD OF THE TOWN OF SOUTH©LD dated May 8, 1983, denying petitioner's request for relief as provided for in said Local Law 11-1983 and as filed by Petitioners within the requisite time frames, be annulled, vacated and set aside as arbitrary, capricious and in contravention of law; and -13- (c) That the TOWN BOARD OF THE TOWN OF SOUTHOLO be ordered, directed and required to issue approval necessary for the finalization and approval by the TOWN OF SoUTHOLD PLANNING BOARD to allow the petitioners to file the subdivision known as "Map of Marion Woods, Section I", under the requirements then in existence prior to the adoption of Local Law 11-1983. That the TOW~ OF SOUTHOLD PLANNING BOARD be and directed to process the subdivision known as ordered "Map of regulations adoption of deliberate Marion Woods, Section and conditions in Local Law 7-1983 I" under the rules, force and effect prior to the (May 16, 1983) with all due dispatch. (e) Petitioners pray, pursuant to the provisions of the statute in such case made and provided, that a judgment be entered herein directing that the decision of the TOWN BC?.~D OF THE TOWN OF SOUTHOLD dated May 8, 1984, denying petitioners' request for relief, be annulled, vacated and set aside and that the Planning Board be ordered, directed and required to issue or direct the issuance of a decision in accordance with petitioners' application therefor, pursuant to Local Law ].1-1983, or, in the alternative, to remand the matter to the TOWN BOARD OF THE TOWN OF SOUTHOLD for a new hearing, and prays that this Court, at a Special Term thereof, dispose of this action on the merits, determining all questions which may be presented for determination under Article 78 of the CPLR, directin~ the granting (f) Court may be petitioners, this action. of such decision. That petitioners have such other relief as to the necessary to effectuate the relief sought by together with the costs and disbursements of DATED: COMMACK, NEW YORK July 16, 1984. L Max Stalled, by Erwin P. Staller, his attorney-in-fact c/o PACHMAN, OSHR!N & BLOCK, P.C. Counsel to Irving L. Price, Jr.,Esq., Attorneys for Plaintiff 366 Veterans Highway P.O. Box 273 Commack, New York 11725 (516) 543-2200 State of New York ) County of Suffolk ) ERWIN P. STALLER, being duly sworn, deposes and says: 1. That he is abe attorney.' in fact for the above-named plaintiff, for the purpose of bringing the action stated in the complaint herein, by virtue of a power of attorney under seal, for that purpose duly executed. ~ ~ ~¢ is now absent from the state, 2. Tha'a said p~a~n-~-f and as deponen~ verily believes, has not ye~ returned to this area'3. That deponent has read the complaint in this action, and knows 5'ne co~tents thereof, and that he has actual knowledge o~ all the material allegations therein stated, and from such knowledge, believes such matters to be therein truly stated and such complaint to be true. 4. The sources of depnent's information are as follows: files, records, correspondence, and personal know!e~e. · ,; Erwin P. Stal!er ~Sworn to before me this .~th cay of Ju-y, 1984 -15- S0uth01d. N.Y. 11971 (516) 765- !935 March 23,1984 Mrs. Judith Terry Town Clerk Town of Southold Southold, Ny 11971 Re: Hodor and Staller ~a~t Mario~ Woods, SectionI. Dear Judith: As per your request, enclosed herewith is a chronological review of the above captioned major subdivision. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLA~NNING BOARD By Diane M. Schultze, Secretary enc. Exhibit "B" HODOR AND STILLER August 31, ~eptember 14, 1981 - September 15, April 29, 1981 - May 10, 1982- May 26, 1982 June 17, 1982- June 28, 1982 - July 1, 1982- October ~.~ !982- Nove~.ber 1, 1982- Sketch maps submitted to Planning Board office 1981 -Planning Board review. Mr. Mullen and Mr. Latham reported to the Board followinga an on-site inspection, it was the concensUS of the Board that convenantS be drawn stipulating that no further subdivisions are to be done on any of the parcels in the future. The Board requested that another set of maps be drawn. 1981- Letter to William Price, esq. confirming the request of the Board at the Sept 14 meeting. amended maPs subm~tted to the Pianning Baord Baord meeting; Mr. Irving Price, esq. met Planning rd to discuss the applica~i°n' Mr. Price withthe Boa ...... ~ a~rov&l from Mr. Raymond state~ that Re nao v~ Dean and Mr. Lawrence Tuthill. The Board requested th~ the 17 acres left out on the southern portion be labeled. Mr. Roderick Van Tyle stated there were two areas, one inthe southand one on the north, for conventional drainage system. The Board was to make a field inspection of the poroperty prior to making a determination. Letter informing Mr. Irving Price, esq the concensus of the Planning Board during a field inspection of the property. The Board asked that the following changes be made: Phase I and Phase II be revised to phase I being lots 13-32 inclusive, plus 30-32 with apark area. Ro~d construction to 're east-west road, 470 feet at the South end of section I and 1,150 feet north and south within sectionI. Section II cohsists of Lots 1-12 inclusive, plus 33-35 and drainage area. East-west roadway to be 800 fee on the south end of section II and 900 feet running north an~ south within section II. The 17 acres of farm land south of Section I should be labeled as Section !Ii. Six copies of proposed subdivision maps submitted to the Planning Board in accordance with the request of May 26, 1982. Planning Board declared Lead Agency with regard to the State Environmental Quality Review Act. Plannin. Board gra~val of the subdivision- Letter to Irving Price, esq. informing of the Planning Board action of June 28, 1982. Twelve cooies of the preliminary plan of the ' · '~d to the Planning Board office. subdivision Planning Board received a copy of correspondence · the suffolk ~__m Mr. Irving Price, ese asking Novermbe r p~ODOR STALLER 1, 1982 cont.- Department of Health Services fo~ information regardin~ their application under Article ~ of the suffolk County Sanitary Code. Eecember 10, 1982- Planning Board requested..twe!ve~oples of road profile: application and fee. Aoril 13, 1983- .S-ix copies of drainage and six ~opies of road profile - received by Planning Board along with proposed covenants and restrictions. Short environmental assessment form, a~tio_q~__fee ....... al co~ies o~ and 6 a~ltlon ~ May 26, 1983- Planning Board requested 6 copies of the preliminary .... , plan for referrals'tO Suffolk County Planning Commission. It was noted that six copies were received on April 13, 1983 however these were distrib~ to the Planning Board and the additional copies would be needed for forwarding to Superintendent of Highways and Town Engineer. May 3!, 1983- Planning Board made referrals to suffolk County Plann Commission, DEC, Department of Health Services, ?own ~!ngineer and Superintendent of Highways. July ~ 1953- Planning Board informed Irving Price, esq. that there -' had been no complaince with Article 6 of the Suffolk County Department of Health Services regarding this subdivision- Since the Town Board had legislated two-acre zcning, =nd the subdivision d~d not meet with the zoning recuirements enaated on May 20, 1983. it was recommended'that an appointment be made to discuss revisions for compliance with the present zoning. a copy of a letter sent to july 5, ~.~3 Planning Board received ~ ~ ~ ~erber of ~ ~er Associations, by Irving ~e~fe-y - to Price, esq. Mr. Price requested Mr. Ferber look ~ ~ the Article ~ oroceedings and perhaps meet with Mr. Price to discuss the progress of this. August 22, !983- Planning Board rece~veA 1 mylar and 4 paper prints of the subdivision with the suffolk Couhty Departmer of Health Services approval endorsed. acknowlddging receipt September 22, _~83 Letter to Irving Price esq receipt of the preliminary maps and informing him ~-hat =~_n~a_a oublic hearing on the p?~e~.i~inary map ~'t~ Bubdi~"-W0u!d ua~Iunder 2-acr, zoning. It was sucjgested that the Super%mso s off be contacted if the applicant wished to seek exemption from this. November 4, !98~- Applicant filed a petition for relief under Local L 11, w__h the Town Board. May 17, 1983 ...... ~C~ f Southold 7 83 Loca! Law No ...................................... of the year 19 A local taw' to amend the Bulk and Parking Schedule of the Zonin~ Code Town Board Be it enacted by the .......................................................................................................................... of ti e )~C~'~X Southold Towa . as fo!lows: Section 1. The "Bulk and Parking Schedule" applicable to the A Residential and Agr}culturaJ Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE Minimum Requirements Total lot area (sq. ft.) Lot width (ft.) '. Lot depth {ft.) Front yard {ft.) One side yard [ft,) Both side yards (ft.) Rear yard [ft.) Livable floor area (sq. per dwelling Off-street parking spaces per dwell[n~ unit Maximum Perm:tted Lot coverage {percent) Building height: Number of stories Feet Section 2. Single- Family Dwelling 80,000 200 400 50 30 75 850 2 20 2-I/2 35 This Local Law shah take '~¢fect Immediately. A Residence District Two- Family Dwelling 160, 0'00 . - 270 q00 5O 30 50 75 850 3 20 . 2-1/2 35 Exhibit C (!'ns~.z~l:e hy Ireful Ictgi~hdive body v, ith approval or no dis~spprovul IW Elective Chief Exucutive Officer,* I Imr~by certify lhat the local law annexed hereto, dcsi~.~t~d ~s local law Nn ..................... ~f t9 ........ o~ ~1,~ ~i,~n or ................... : .................. ~ d~ly p~s~ea ~y ~e ................. i~:~,F~7'i~;'~:i;~':;Fi;~; .......................... Village not disapproved on .......................... --; .................... ~9 ........ and w,.a approved by the repassed after disapproval and ~v~s d~med duly ~dop~ed on ........................................................ 19 ........ , in accordance wittJ the a~plicab~e provisions of law. :3. (l:inal ud~ption hy referendum.) I hert.bycertiry that theJoc~l law annexed here o, deslgna ed aslocal .awNo ................. at' 19 .......... County -- - City or ...................................... w~s duly p~ssed by d~. ...................................................................................... ~'~jj~g~ ~ot dis~pp~ved on .............. jg ........ and was ~pp~ved by the ............................................................... e~t,le provisions or law. · 4. (Subject to p,:rmi~,ive rei'erendum,ond final ad,Jption bccuu~e ,o wdid putltion [ilrd reRueaUng J her*.by certify Ih~ the local law aflne~ed hereto, desi~sated as local Jaw No ................... o~ tg. ......... ......................... ; ......................... 19 ........ Such local law being sul,j~cl to a p~rmissive r~.Fer~ljdmn ami no .............................................................. ~9 ........ i. accordance ~dth lhe alq~li.'ahb' Ijr-vi~hmn 'f Ins~. ................ 19 ............ became operaliYe. Date: May 17, 1983 Judith T. Terry Town C~erk (Seal) STATE OF NEW YORK CO",J xTY OF .....$UEEOLK .......................... · ? 9.b.~Y.t. %. T.~.'.~.~.% 7.?.."..A!.~°. ~ ."sY ....... '. By tI~]LEN piKE SOUTHOLD--Planning Board appli- cants may find the wait a little longer aa more proposals flood the board offices at Town Hall and as the board secretary prepares to put in her final day 0n the job tornorrow. In recent weeks, board chairman Henry Raynur has been able to say that the board was catching up with its backlog of applications and work on updating the master plan. But he told the public al Monday night's meeting: "Call the office ~.nis week; l don't know what's going to happen next week." Susan Long, board secretary for 2ti years, was still working on minutes from the Nov. 21 meeting on Tuesday with only three days left in her work week. Every available surface area on her Town Hall oil!ce was covered with manila folder~ for development plans - subdivisions, condominium proposals, drawings for office expansions. Somewhere on her desk were the minutes from a meeting last Thursday with Raymond, Parish, Pine & Weinec, the Tarrytown consultants hired to draw up a new .?~uster Plan to meet the ~ changing needs of burgeoning Scutho!d Town. A 9ublic information meeting on the ! ' ' w Master Plan has been.set propose~ Ne ? /or 7:30 p.m. Dee. 21 and 22 at the i Peconic Senior-Youth Center. As Ms. Long tried to type, there w~re questions to field from people who walked. in or called'about Mqnday meeting. 5~lultlp!e Skills ?.equired i According4 to Mr. ?.aynor, the job will I take about six mo::...s of training to ~ develop t' :~ skills of an office manager, I public rela~i.:ns agent, re~l estate broker and switchboard operator. Exhibit "D" "And to put up with me," he said, smiling. bls. Long is leaving to take a ~ob with the Riverhead law firm of Esseks;- Hefter, Cuddy & Angel. Mr. Raynor isn't sure how long the transition will take after someone is hired from the Civil $.'rrvice list. He also is non-committal on how the board will keep up with the applications which keep pouring in for review under the town's new codes and requirements. The board discussed one such applica- tion at the meeti-'~g Monday which has managed to wade through the multi- layered process. For about a year, Katherine Fart of Orient has been trying to 2reprove her tiny triangular-shaped lot on Sterling gasin in Gre,:nport so she can properly operate her sailboat charter and boat brokerage business, Fairwind Yachts. Mrs. Fart is n~w at the site plan submission stage, seeking approval to build a two-story office and storage building on the 3,780-sqoare-feot parcel located on Manhasset Avenue at Cham- plain Place. But to get the approval, Mrs. Fart must agree to certain restrictions the board wants. And so far she has, according to her attorney, Stanley ~vin of Greenport. on the'premises, no repaim on outside' boa's, no hauling, no outside storage and . a five-boat limit for vessels moore?, at the dock. ' The board 1Vl~nday placed fur'.her '*--""n includi - the storage on ~e prope~y, drainage ta be (continued f~m 5 rev!oas p~ge~ con~lned on the property, and entry and exit to be located ~t '.he ~outheast corner of the lot. In other business, the beard accepted a 24.~eraon potition from ~aradiee Point residents concerned about the proposed cluster development of Cranberry Acres al ~ay View. · Betty Schloss of Parac~se Point Road pre~ented t.he pefi~ion, explaining · Sup?~y cored be serious,y a'4ec~ed by -.% local taw to amend ~'bapi.(~r. )J)q £ZoJ~lio-gj..]n--ralatk~--~.'%r'e'~''~qd''Ya~'~''R~ngulat~°ns ..... the Town Board ........ :_ ................................................. o[' t~e Be it enact~CJ l~ 't ................................ '~; ,,~ ta~o~l*e ~) Chapter lO0 of the Southold Town Code is hereby amended as follows: follows..' I. Section 100-31 thereof is hereby amended to read as follows: Section 100-31 - Bulk and parking Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District unless the same conforms to the following Bulk ond parking requirements, to wit: A. In the c~;e of a lot held In single and separate ownership prior ~o N0vcmber 23, 1971 and thereafter° with an area of less than forty " thousand (40,0'00 sq.ft.) square feet, a single fancily dwelling may be constructed :hereon, provided that the requirements of Column ^ of the Bulk and Parking Schedule incorportaed into this chapter arJ complied with. B. The ~ulk and Parking requirements for single family dwellings as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter shall apply to thu following lots, to (1} All lots shown on Major and Minor subdivision maps which were granted final approval by the Ptanning Board subsequent to November 23, 1971 and prior to May 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning ~oard has held a hearing for 'preliminary map pproval prior to May 20, 1983. Exhibit "E" ()) All lots shown on Minor subdivision maps that have been granted ~ketch plan approve[ by the planning Board prior to May 20, 1983. (4) All lots se[off or created by approval of the Planning Board subsequent to November 23, 1971 and prior to May 20, 19B3. ThJ Bulk and parking requirements for single family dwellings set forth in Column A-B0 of the Bulk and parking· Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots show~ on Minor subdivision maps which have buen granted sketch plan approval by the planning Board on or after May 20, 1983. [2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, t983. (3)' All lots se[off or created by approval of thc Planning Board on or after May 20, 1983. ' · The Bulk and Perking requirements for two family dwellings set forth in Column A-16~ of the Bulk and Parking Sc~edule incorporated into this chapter shall apply to the foHowing lots, to wit: (1) All I~ts shown on Minor subdivision maps which have been granted sketch plan approval by the P~annlng Board on or after May 20, 1983. · [2) All lots s~own on Majc,' subdivi.~ion maps upon which the PIanning ~oard has held a hearing for preliminary approval . on or after May 20, 1983. ; I[. Sectiur) 100-3q thereof is repealed. The -Bulk and parkln9 5~hedule" applicable to the 'A" Residential and Agrlculturat Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A RESIDENCE D!ETRIC,T SINGLE FAMILY DWELLINGS Minimum Requirements Total lot area [sq.ft.) Lot width (ft.) Lot depth tft.) Front yard (ft.) One side yard (f .I Both side yards (ft.) Rear yard (ft.) Livable floor area per dwelling unit Off-street parking spaces per dwelling unit Maximum Permitted Lot coverage (percent) Building I,~ight Number of stories Feet A / A-40 35 35 85O 2 2O 40,000 150 175 50 15 35 50 850 2O 2½ TWO FAMILY DWELLINGS A-160 80,00~ 160,000 175 270 250 400 60 60 20 30 45 50 75 75 850 850 2 3 20 20 35 35 IV. This Local Law shall take effect Immediately. on......AtJgU~ .~ ................ 1~..~:~. in acct~rdance wldl the ~pplic~bI~ provisions uf ]~. ~ lmreby ~eni[ythat the ~ocal law a~nexed I~ereme de~m?eda~ecal luw No ..................... of [9 ........ o~ t~e CitYTown of ...................................... .. was duly passed by the ................................................................................. (~,~,, ,~ L.~.~..~, U~a~) on ................................ ~9 ........ and wa~ approved by H~e ....................... ~ ............................... and was deemed duly a~opted on ........................................................ ~9 ........ ~ in accordance with t]~e appJJcabJe 3. (I.'inal adnptinn I,)' r~,t'erendumo) · I hend,¥ cerlify tlJJ~t tile local law annexed hereto, designated a s }oca~ law No ................... of 19 .......... Comlly of ...................................... W~ d~Jy p~s~ ky Jll~ .................................................................................. on g un~ was a ,p~ved hy tlJ*~ ........................ ~ .................................. on ...................................................................... 19 ......... Such IocaI law wan submitted to the people by reason 0f n mandato%' ~.fer~.ndutn.and received d~e affirmative vole of a majority of H,*~ qualified e~ctor~ voting thereon at tl.o =pecia[ election ~ld o~ ...................................................... ]9 ........ s in accordance ivilll t~te apptl- annual cable pmvisions of law. - · "4. f~,-: ,~ct to t.,rmi~,~.ivo referendum.and filial adoplion bueau~u no vuli~ pelJtlun ~!led re~ue~tlnB " re~ee~ndum.) ' J Jmreby rertif~ dJa~ l~eloeaJ Jaw eRnexed J~ml~, ~esj~ledna J,~al law No ................... of ~9 .......... City ~f ....................................was duly pa~ed by lhe ............................................................................~n ................................................ 19 ........ and wns ~pl,r.ved I,)' th,. . ...................................... ~ ......................................................... ~9......., lit accordnnee with t},e al,plicnhh' im~vi~iun~ or la,,. of thc Oily . .......................................... . , ' ' vote of a majority ~ [ fu~her certify that [ have compared the p~cediug local law with thc origlm,I on file in th~s o~ice aad that the same ia ~ co.act trm~crlpt there[rom aad uf the whole of auch original local l~w, ~nd was fi~udly ad.plm{ I. tha n.m.er indicated in paragraph ......... Date: August 10, 1983 Judith T. Terry, Town Clerk or other ~uthorl~ud Atto. rney of locality.) STATE OF NI':W YORK SUFFOLK COUNTY Of . .............................................. ical inequities may be addressed by the O! appea~, ~ ~ ..... ~ld be reso!Vem uy ~= Zoning Board p~ocesS in its en~r~uy o,,~- the rezoning ~ . Board. Thank you. SUPEEVI$OR p~LL: Thank you. ~rs. Jean Tiedke. 5~RS. JEAN TIEDKE, $outhold: I am speaking for the LeagUe of ~omen Voters and we do support the two acre zonin~ but I do not recall ever hearing a figure of how much acreage is involved. Can you enlighten us on %hat? COUNCILMAN NiC~LES: Total acreage? MRS. TIEDKE: Yes. The vacant acreage, what percentage of the vacant acreage in Town is involved? A little over 14,000 acres. COUNCILMAN NICKLES: 5~R$. TIEDKE: Which COUNCILMkN NICKLES: so it would be one is what percentage? Well, you have $4,000 acres in third. the Town, 5~,RS. TIEDKE: How many vacant acres? coUNCILMAN N!CKLES: How many vacant overlaying. acres~ land without maps MRS. TIEDKE: Unbuilt on. COUNCILMAN NICKLES: I don't know what the total area in the Town that is unbuilt on, but the total area according to RPPW, which is our planning consultant, is approximately 14,000 acres and those 14,000 acres is net land, it does not have a subdivision map already overlaying it or some other kind of development or existing development from 1640. This is land :~Tter they deducted the Suffolk County Farmland, wetlands and other undevelopable lands. So t>e area basically that we're talking about is in the vicinity of 14,000 and a couple hundred acres. P KE: Thank you. 51RS. TIED. SUPERVISOR PELL: Anybody else wish to be heard on the subject? (No response.) Any Councilman have anything they wan% to add? (No resTonse.~ ~nybody in opposition to this? (No resoonse.) Again I ask Counc{lmen, anything you want to add? Councilman Nickles. COUNCILMAN NIC}[LES: I think that the people are aware it's impossible to leqis!zte for every instance and the Town Board today discussed the formation of g review board, which is not a new idea, we've been discussln% it exr-y on in the two acre proposal, but shortly the Town Board will be getting together with representatives from the Zoning Board and the Planning Board to come up with a review board, which will probably be the Town Board to sit and review people that may wish to submit their properties for exemption because of difficul~ Exhibit "F" circumstances they may have occurred in processing their subdivision. In o~her words, we're going to provide relie~, but the Town still has to decide what the criteria and what the guidelines are going ~o be. It will be a Local Law, and we'll have ~o Eo through all the Local Law process in terms of referring out the Local Law to the various planning commissions ~or their revi~'~'~, public notice, public hearing and then a decision will be made. SUPERVISOR PELL: Thank you, John. Any other comment on this? (No response.) If not, I declare the hearing closed. ith T. Ter y~ Southold Town Clerk Law No ......... LL .......... : ........................... of tl~ year t9 ~3 ...... law/,g..lar~Y.ld e,- jctr-,.g~lie:L[c~m'*b ul~']r~ectuir~etAe nt s''c~f''Z °nj n g '~ °da .............. ~ . Town Board ...... .'. .............. : ............................................... Be it enl.'re't ~Y t~e .~ ............: ............. ~'~'~;~'-'-'i*, ~,l ~w~D of 5outhol~ ............................................................................................................. as lc I. Article I of Chapter 100 of the Southold Town Code (Zoning) is hereby amended by adding a new section thereto to be section 100-31A to read Section 100-31A - Relief from Bulk and Parking Requirements (1) Findings. ' -' (al On May 16, 1983, the Town Board enacted Local Law No. 7 · ~vhich increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its effective date of May 20, 1983. (b) On August 9, 1983, the Town Board enacted Local Law No. ?, 1983, which excepted certain subdivision maps from the lot area, width, depth and yard requirements specified in said Local Law No. 7, 1983. (c) The Town Board has now ascertained that there exists many owners of land who had expended time and money in the preparation of subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983, but due to circumstances beyond their control were unable to have such subdivision maps approved by the planning Board prior to May 20° 1983. (d) That the Town Board finds that in such instances, it would be Inequitable to require such land owners to conform to the requirements established by Local Law No. 7, 19830 and that such owners should ,be given on opportunity to petition the Town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983 shall apply to the subdivision described in said petition· Exhibit "G" (2} Subdivision Ma[os Affected The provisions of this Section shalJ apply to the foUowlng subdivision maps: (a) Minor subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to March 20, 1983. (b) Major subdivision maps for which an application for sketch plan approval wes flied with the Planning Board prior to January 1, 1983. (3) Tiaa'of filln.cl PetitionS. Petitions for the relief provided for in this Section shall be filed with the Town Clerk within six (6) months of the effective date of this Local Law. (~} Contentsof PeUtlon ' The petition shall be verified by the owner of the property and shall set forth such facts as the'petitioner deems appropriate to Indicate that the petitioner had filed an application for sketch plan approval of the subdivision map involved; that petitioner thereafter diligently and in good ·faith prosecuted such application; that final approval of said subdivision map was not granted by the planning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner. _Procedu res. (a) Upon the receipt of a petition, the Town Board shall refe~ the same to the Planning Board, and the Suffolk Count~ - planning Commission (if required by Article XIII of th- Suffolk County Charter) for their written recommendations. .' (b) Upon receipt of the written recommendations of the aforesai, plannirlg agencies, the Town Board shall hold a publi hearing on said petition upon not less than ten (10) day: written notice published in the official town newspapers. (c) After such hearing, the Town Board shall take such action o such-petition as i.t deems appropriate. (6) Fees Every petition for relief provided for in this Section shall be with the Town Clerk end shall be accompanied by e fee of o- hundred ($100.) dollars. This Local Law shall take effect immediately. -2- ~cxx,,f Southold .... wa~ d.1¥ 1.,~"'! h¥ the .. Town Board ................................... . xx~x~e:~x . ** ~,~ I~. City u~ ................. was dMy p~as,~ by the ....................................................... : ................ ~"~ ,,.J9 ........ Ind wis approved by the '"'~;~c~l.. Ch~.l t:..c~,.* ~1~.~ ' and ~a~ ,Ic.en.'d ,hsIy a&,pted on .................................... · Judith T. Terry, Town Clerk October 5, 1963 STATI'~ OF NI~~'¥ Y(II~K SUFFOLK C[}UH'I Y (}1; .................................... ·..Robert .W, .Tp~ker.. To.wn.Attorney ........ October 5, 1983 STATE OF NEW TORK) coUNTY OF SUffOLK) ~ OF SOUTHOLD )' Petition for Relief from Bulk Requirement~ of Zoning Code pursuant to Section 100-31A thereof PETITION FOR RELIEF TO THE T(Z,.D: BOARD OF _-~BE TOW~; OF 80UTTIOLD: It is respectfully allegedl The names of the petitioners herein are: LOUIS ~ODOR and MAX STALLER, c/o Irving L. Price~ Jr.~ Attorney at Law, 828 Front Street, Creenport, Ne%~ York 11944; The name of the subdivision application for which the above relief is requested is: EAST F~RION WOODS~ SECTION I, East Marton~ New York! t The application was made before and first inspected ~' the Southo!d To~n Planning Board on September 15~ 1981! The "Sketch Map" was approved by the Town Planning ~oard on June 28~ 19R2 and filed with said Hoard on December 10, 19~2 when delivered by the surveyor! Six copies of the road profiles and six copies of the drainage facilities were furnished to the Planning BoaZ~ on April 12, 1983! Six additional copieo of the road profiles were furnished to the Planning Board on or about May 17~ 1983~ and to the Superintenden* of Highways on August ~ 1983~ when first requested! Exhibit "H" Though &pplie~ for prior to Hay 20, .198~, the approval of the Suffolk Count~ Board of Health was not received until on or about August 22, 1983, when one Mylar copy and four prints with the Board~e approval endorsed thereon were delivered to the Planning Boerd! All fees have been paid aa and when =equ. ~red, and applicant has been put to great expense in reliance on the prior zoning require- ments; That petitioner, as stated above, had actually received sketch plan apprOVal on June 28, 1992, and thereafter diligently and in good faith prosecuted much application when and es the various maps and County Board of ~ealth approval became avatl~}-le to him, and final approval of this ~ubdivision map was not ?ranted by the plannin~ Board prior to May 20, 1983, due to circumstances beyond the control of ~he petitioner! ~ That no other application for this relief has been made. Dated~ Green~ort, New York October 21, 1983 ~OUIS ~ODO~ a~ MAX STALL~.R ~Y Irving L. Price, Jr. Attorney at Law and Agent -2- l, the undersigned, an attorney afl,nitted t,o practice in the courts of New York State, [] C.tiflcaU0a certify fllat the within sy Att0rn,y has been compared by me with the original and found to be a true and complete copy. ~tarmatioflthe attorney(s) of record for in the within action; I have read the foregoing ~ and know the contents thereof; the same is a true to my own knowledge, except as to the matters therein stated to he alleged on information and belief, and as to those matters 1 believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statemants are true, under tim penalties of perjury. Dated: STATE OF NEW YOKK, COUNTY OF Suffolk ~: I, Erwin P. Staller being sworn, say: l em attorney in fact for plaintiff, Ma: ~ [] w'i.~t*o.~"~i'ieu'~ in the within action; I have read th, e foregoing petition Staller, _ and Imow the contents tbereof; the same is true to my own knowledge, except as to ~ the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. [-'{ Co,p°,,.tl~e of ' a corporation and a party in tile within action; 1 have read tim foregoing and 'know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above part)' is a corporation and I am an officer thereof. The grounds of tn)' belief as to all matters not stated upon my own knowledge are as follows: records, files, etc. Sworn to before me on Jul.y ~."~ 19 84 STATE OF NEW YORK, COUNTY OF m: Erwin P. Staller of age and re. side at On being sworn, say; I am not a party to the action, am over 18 years 19 I served the within by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: by deliverlng a true copy thereof personally to each person named below at the address indicated. I knew each person served to l,e lite person mentioned and described in said papers as a Imrty therein: Sworn to before me on 19 SUPREME COURT OF THE ~E COUNTY OF SUFFOLK OF NEW YORK LOUIS HODOR and MAX STALLER, Petitioners, - against - TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, AND THE PLANNING BOARD OF THE TOWN OF SOUTHOLD, Respondents. ORDER TO SHOW CAUSE PETITION PACliMAN, OSHRIN & BLOC~, P.C. ~o, Plaintiffs 6080 Jericho T~p~e P. O. BOX 273 CO~C~ ~W YO~ 117~ ~1~99-9~ To Anomey(s) tot Service of a copy oi thc wirhln Dated, is he~cby admired. Sk:.--Plca~c take nor, icc that thc with~- is a (certified) true copy of a duly cntcrcd ia thc otficc of thc clerk of thc wi~'rhin named court on that an order sctflcrncuC to thc I-ION. o~ the wirhin llamcd COUrt, at On Dated, 19 of which thc within is a truc cop:, will be prcscotcd for on-' of the judges 19 at M. PACHMAN. OSHRIN & BLOCK, P.C. 6080 Jericho Tump~e_ P. O. BOX 273 CO~ ~W YO~ 117~ To Anorney(s) for TOWN BOARD - TOWN OF SOUTHOLD Petition for the Relief from Bulk Requirements of Zoning Code pursuant to Section 100-31A thereof ~c ~ · he eople New TO PLAt N G D ,PARTMENT - TOWN OF SOUTHOLD Index No. Calendar No. JUDICIAL SUBPOENA DUCES TECUM GREETING: WE COMMAND YOU, That ali business and excuses being laid aside, you and each of you appear and attend before The Town Board, Town of Southold at Town Hall, Southold, New York on the 2nd day of July 19 85at 7:30~'cl°ck, in the after noon, and at any recessed or adjourned date and that you bring with you, and produce at the time and place aforesaid, RE: EAST MARION WOODS, SECTION ONE, EAST MARION, TOWN OF SOUTHOLD All records, files, minutes and any other documents, correspondence and/or memoranda, etc.,concerning the filing of the map known as East Marion Woods, Section One (submitted by Hodor and Staller, prepared by Roderick Van Tuyl). We will accept certified copies If certified copies are to be submitted, this office prior to the hearing date. in lieu of a personal appearance. please forward them to now in your custody, and all other deeds, evidences and writings, which you have in your custody or power, concerning the premises. Failure to comply with this subpoena is punishable as a contempt o£ Court and shall make you liable to the person on whose behal£ this subpoena was issu ed for a penalty not to exceed fifty dollars and all dam- ages sustained by reason of your failure to comply. WITNESS Honorable ~]I/____//W/J ,~.~. ~'dft~dl' -,_~ one oi the Justices oi said Court, at Hauppauge, New York th~.~ ~ ~ of June 19 85 so TH S OF JUNE, 1985 JUSTICE OF THE SUPREME COURT COUNTY OF SUFFOLK RECEIVED BY D~T~ O~ce and Post O~ce Address 366 Veterans ~emorlal Highway Commack, New York 11725 (516) 543-2200 SNITIt, FII~I(ELSTEII~, LUi~DBI~RO, CRIMMIIi'$ AI~D YAIIABOSKI M~[~ 2 6 198~ March 25, 1985 Howard E. Pachman, Esq. Pachman & Oshrin, P.C. 366 Veterans Memorial Highway P. O. Box 273 Commack, New York 11725 Re: Hodor & Staller v. Town of Southold Dear Howard: The Planning Board informally reviewed the map submitted with respect to the above referenced, and have indicated that it is unacceptable. The Board does not wish to put itself in the posi- tion of re-designing the plan. It feels that Mr. Van Tuyl and your clients should be able to submit an acceptable plan on their own. I know you are anxious to proceed one way or another and it might well be that the proper way to proceed would be to schedule another hearing. Very truly yours, FRANCIS J. YAKABOSKI FJY:mo bcc.: Bennett Orlowski, Jr. Robert W. Tasker, Esq. $~ITtt, FINIfELflTEIN, LUNDBERO, CRIM'MIN8 AND YAIC~BO$~[~I~ 2 0 [995 P. O. BOX 389 I~IYERHEAD, N. Y, 11901 March 18, 1985 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Board Town of Southold Main Road Southold, New York 11971 Dear Mr. Orlowski: I am enclosing herewith proposed sketch plan submitted by the attorneys for Messrs. Hodor and Staller. The plans have been submitted with a view toward negotiating a resolution of this matter and end- ing the pending litigation. You may recall that some time ago, the Town Board suggested that any proposed settlement should be reviewed by your Board first, and then considered by the Town Board. I am also enclosing a copy of Mr. Pachman's covering letter. I would appreciate hearing from you with respect to this matter. Enclosures FJY:mo Robert W. Tasker, Esq. Very trfly yours, FRANC~~I PACHMAN ~: 0SHRIN, P. C. March 13, 1985 Frank Yakaboski, Esq. Smith, Finkelstein, Lundberg, Crimmins & Yakaboski 456 GriffinG Avenue Riverhead, NY 11901 Re: Hodor & Staller v. Town of Southold, et al Dear Mr. Y~~ Further to our telephone conversation of yesterday's date, we enclose herein three copies of a sketch plan which our clients had prepared by Roderick Van Tuyl, developinG the total acreage owned by them in East Marion, Town of Southold, New York. As you will recall, the original subdivision plan (the subject of the encaptioned litigation) pertained to Section 1, which consisted of 25.1 acres, and yielded sixteen buildinG plots each in excess of one acre. The proposed map also included roads known as "Tina Way" and "Staller Drive", a sump and a park/playground. The development was prepared under the existinG one-acre zoning. Sec- tion 2, consistinG of 17.602 acres, and Section 3, consistinG of 17.15125, acres were not developed. Then came the two-acre upzoning. As we discussed, it seems appropriate to see whether the above-captioned litigation could be amicably settled in a fashion which would permit the filinG of a map encompassinG the 25.1 acres under litigation and the other two other remaininG undeveloped parcels. w You will note that the proposed sketch shows a development ~ covering 59.85325 acres. The development eliminates all roads and \ the sump, but provides for a three-acre park. The rear parcels \ are serviced by 50- foot rights of way, 25-feet to each lot, and the \ lots have an average square footage of 60,000 sq. feet (1-1/2 ) acres). This compromise suggests that all parcels exceed the prior/ one-acre limititation but fall somewhat short of the present / o-acre requirement. Kindly review the proposed subdivision compromise and advise me how you will handle it with the PlanninG Department. It is obvious that any proposed settlement should encompass all the land owned by Frank Yakaboski, Esq. Page 2 our clients in East Marian. It is hoped that we can expedite the resolution of the litigation by this settlement. Thank you for your Good offices. Very truly yours, HEP:ss Enclosures cc: Mr. Erwin Staller LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a rehearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on the 2nd day of July, 1985, at 8:00 o'clock P.M., with respect to the application of Louis Hodor and Max Staller for relief from the two-acre zoning requirements, pursuant to the provisions of Local Law No. 11 - 1983, relative to certain property containing 25. 100 acres on the west side of Rocky Point Road, East Marion, known as "East Marion Woods, Section 1." All persons interested in being heard on the above petition should appear at the time and place above stated. DATED: May 21, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JUNE 20, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Southold Town Planning Board Francis J. Yakaboski, Esq. Howard E. Pachman, Esq. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 August 30, 1985 Howard E. Pachman, Esq. 366 Veterans Memorial Highway Commack, New York 11725 Dear Mr. Pachman: Transmitted herewith is the decision of the Southold Town Board, adopted on August 27, 1985, with respect to the rehearing on the petition of Louis Hodor and Max Staller for relief from the bulk require- ments of the Town Zoning Code on certain property on the west side of Rocky Point Road, East Marion, known as "East Marion Woods. Section 1", all pursuant to Local Law No. 11-1983. Very truly yours, Judith T. TerryJ Southold Town Clerk Enclosure cc: F. J. Yakaboski, Esq Southold Planning Board~/~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 27, 1985: WHEREAS, Louis Hodor and Max Staller, by petition dated October 24, 1983, applied to the Southold Town Board for relief from the bulk requirements of the Town Zoning Code requiring two acres for a residential subdivision rather than one acre, on certain property containing 25. 100 acres on the west side of Rocky Point Road, East Marion~ known as "East Marion Woods, Section 1", all pursuant to Local Law No. 11-1983; and WHEREAS, a public hearing was held by the Southold Town Board on said petition on the 13th day of March, 1984, after which the Board adopted a resolution denying the relief requested and determining that the petitioners did not diligently prosecute their application for a major subdivisiOn; and WHEREAS, an Article 78 proceeding was brought against the Town of Southold, Suffolk County, New York, and the Planning Board of the Town of Southold by Louis Hodor and Max Staller, seeking to set aside the Board's decision; and WHEREAS, Supreme Court Justice Morton I. Willen, by order dated and filed November 21, 1984, declared the decision of the Towh Board annulled and remitted the matter to the Town Board for reconsideration de novo and the making of findings; and WHEREAS, the Town Board has, on the 2nd day of July, 1985, held a re-hearing on the aforesaid petition, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, based upon the testimony given on the 2nd day of July, 1985; based upon all of the materials and exhibits heretofore submitted to this Board; and based upon the personal knowledge of the members of this Town Board, this Board finds that: The applicants herein are in the business of developing residential and commercial real estate in the Town of Southold and in other townships within the County of Suffolk. That real estate development in the County of Suffolk and in the Town of Southold is regulated to some degree by the Suffolk County Department of Health Services, which department would oversee and insure compliance with the provisions of Article 6 "Realty Subdivisions and Development". The above-referenced Article, for purposes of this determination essentially deals with the provision of potable water and adequate sewage disposal systems for residential and commercial real estate developments in the County of Suffolk, Petitioners engaged counsel to process their application for a major realty sub- division before the Planning Board of the Town of Southold had engaged Roderick Van Tuyl, P,C,, land surveyor and professional engineer, to prepare the necessary maps and drawings in connection therewith. Max Staller Associates, a company either wholly-owned or controlled by one or both of the petitioners, was also involved in deal- ing with the Suffolk County Department of Health Services. Statements by petitioners' counsel indicate that petitioners were delayed in obtaining Health Department approval by a change in the manner of the administration of the provisions of Article 6, This Board disagrees with such contention, The applicants are charged with knowledge of the provisions of Article 6 of the Suffolk County Health Code and the manner of its administration. In October 1982, petitioners were made aware by letter of the fact that the County would be adhering strictly to the fact that approval under the provisions of Article 6 would be required prior to an approval of a subdivision map, not after. No application for 'approval by the County was submitted until July of 1983, which approval was granted by the County within about one month. Petitioners claim that they were delayed between October of 1982 and April or May of 1983, because of the County's failure to send certain data requested by their professional engineer and attorney. We find that this contention is totally lacking in credibility. This is especially so since the information sought would be public informa- tion and, undoubtedly, could have been obtained within a single day or two at the outside if this matter had been diligently pursued. The petitioner-applicants herein, realizing that Article 6 would have to be complied with, simply did not promptly pursue necessary information or required approvals. Petitioners also contend that another reason for their inability to obtain map approval was the fact that Mr. Van Tuyl took a sabbatical in September of 1982, and di not return to his practice until May of 1983. It is alleged that Mr. Van Tuy's absence made it impossible to prepare and file necessary maps with the Plan- ning Department, the County of Suffolk and the Town Highway Superintendent. This contention is disputed by the very testimony of Mr. Van Tuyl at the Hearing. This Board finds that the-petitioners must be held responsible for the lack of attention or failure to proceed of their agents or employees, professional or otherwise. The petitioners do not contend that they were unaware of Mr. Van Tuyl's absence. The fact that Mr. Van Tuyl had left his practice was a matter of common knowledge and petitioners were not diligent in taking the necessary steps to assure the continuation of the work on their subdivision map. There is testimony that Mr. Van Tuyl, or his associates, engaged a different firm of professional surveyors and engineers to work on on-going matters in his absence, but there is absolutely no testimony given to indicate whether this firm was engaged by Mr. Van Tuyl to work on the matter at hand and there is no testmony from the petitio~ers, themselves, concerning their efforts to make certain that work continued on their subdivision map. In fact, neither of the petitioners testified at the Hearing on July 2, 1985. A further reason for the failure of the petitioners to timely file their map is the fact that they failed to diligently prepare and file amended maps between the period of September 15, 1981 and April 29, 1982, a period of slightly in excess of seven months. Accordingly, this Board finds that the petitioners did not efficiently and promptly obtain the necessary approvals from the Suffolk County Department of Health Services and did not expeditiously process their application for major subdivision approval before the Planning Board. This Board will not speculate on what petitioners could have done or should have done to have caused their map to have been timely filed, but, based upon the record before us, we find that the petitioners did not diligently prosecute their subdivision application and that the lack of final approval was not due to circumstances beyond petitioners' control and, thus, their application for relief, pursuant to Local Law No. 11-1983, is'hereby denied. Judith T. Terry,~? Southold Town Clerk -3- Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: FROM: DATE: RE: Supervisor F~r~ncis J. Murphy David Emilit~-~own Planner October 21, 1985 East Marion Woods (Hodor-Staller) From a review of the file on this matter, it ismy opinion that the Town's action was proper in denying the application for exemption. It is my recommendation that the R-80 proposed zoning for the site stand. The only other zoning density that could possibly apply would be R-40, assuming the Town loses its suit. The Town should not concede at this point, nor can it bargain at any density more than that in effect (R-80). At R-80 zoning, approximately 24 lots could be built on the 59.85 acres comprising the site. It is my recommendation that a cluster development be designed for this site and that the 24 one-acre lots be created using the basic design approved by the Health Department on August 4, 1983. The four lots in addition to the 20 sho~n can be added on the North side of Tina Way. The remainder of Section Two and all of Section Three would then become permanent open space, covenanted against further subdivision in perpetuity. Little additional design work needs to be done'to restart this subdivision toward approval if the above recommendation is followed. The Town does not compromise its position on two- acre zoning, yet the applicant gets 4 more lots with little extra expense. PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 2, 1985 8:00 P.M. IN THE MATTER OF THE REHEARING WITH RESPECT TO THE APPLICATION OF LOUIS HODOR AND MAX STALLER FOR RELIEF FROM THE TWO-ACRE ZONING REQUIREMENTS, PURSUANT TO THE PROVISIONS OF LOCAL LAW NO. 11-1983, RELATIVE TO "EAST MARION WOODS, SECTION I.r' Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare CouncilWoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a public hearing on the application of Lous Hodor and Max Staller for relief from the two-acre zoning requirements, pursuant to the provisions of Local Law No. 11-1983, relative to certain containing 25.1 acres on the west side of Rocky Point Road, East Marion, known as "East Marion Woods, Section I." ~ TOWN CLERK TERRY: We have an affidavit of publiCation from The Suffolk Times; from The Long Island Traveler-Watchman and from myself that it was published on the Town Clerk's Bulletin Board. SUPERVISOR MURPHY: At this time I'd like to ask is there--the attorney for Mr. Staller and Mr. Hodor to present their case. HOWARD PACHMAN, ESQ.: Mr. Supervisor,, members of the Town Council, my name is Howard Pachman. I am Of Counsel to Irv.ing L. Price, who is Counsel to Max Staller and Louis Hodor. This is a--as the Supervisor said and the Clerk :read, an applica- tion under Local Law 11 for relief of the two-acre zoning on the basis that an application- or a map had been in the process of being handled by the Planning Department and could not be publicly heard and adopted under the exception of Local Law 9 and 7 of 1983. Originally a petition was filed in October of 1983 to relieve the requirements of Local 9 under the sections of Local Law 11 and was prepared and presented by Mr. Price and a hearing was ultimately held on March 14th of 1984. That hearing had been previously put on the calendar but was delayed because there was a mix up on the publication date and it was ultimately held on that date. Thereafter the Town Board turned down the application on the ground that under Local Law 11 the reliefe requested was not--should not be granted because in the--although no reasons were given by the Town Board, it appeared from the record that the fault of filing the map expeditiously was that of the applicant and not of the Planning Board. An Article 78 proceeding was commenced against the Town on the ground that the acts of that decision were arbitrary and capricious and that the Board did not have adequate findings of facts or conclusion~ of law in its decision. The Supreme Court, came down with a decision in November of 1984 requiring that the Town Board rehear this matter on an original record and that Page 2 - Hodor-5,aller the application be resubmitted and reheard and redetermined. We are here tonight as a result of that court order, as a result of the application and are ready to present a new application. I'm somewhat--I don't know how to proceed on this, because I don't want to have an inadequate record, at the same time I don't want to encumber the record too strongly and have this meeting to on too long, but in an effort to explain our position I have brought down a representative of Hodor and Staller, Mr. Jeffrey Ferber, who's a representative sitting behind Mr. Van Tuyl~ if there are any questions that the Board may have of the original owner. I have present Mr. Price, who is the original attorney who presented the map through the process of the Planning Board, who will reiterate what took place and how this matter was held up by the Health Department procedures, the impositiOn of the requirements of Article 6 of the Suffolk County Health Code, and the problem arising out of the change of zone by the Town in their :wisdom :to upzone that which was one acre property to two acre property, and that being done in'the process,of this map being filed in:the usual course of events. We also have Mr. Van Tuyl who is the surveyor and engineer who did the maps and who handled s. ome of the work with the Health Department, who will testify and state as to why there was a delay because of a sabbatical leave that he had taken between the months of October 1982 and May of 1983 and that five month period of time also cut the heart out of the process of filing the map and processing the map within the cut-off date of May 31st, 1983:, which was the requirement under Local Law 12, which is a Local Law on 7 and 9 and also Local Law 11. That's in general what we are hoping to do. I have subpoenaed and the Clerk has the Planning Board file, l lunderstand, and that is present for the Board to review, because the Board relied on some of the information that was prepared by a chronological statement which was prepared by the Planning Board as to what took place and what delays, if any, existed with reference to the map. Unfortunately when you compare that chronological statement and certain acts and resolutions of the Board, the two are not the same, .and some of the information which was left out I think is very crucial to why there was a delay in this whole process and we will:present that information to you tonight. In addition we have subpoenaed the Health Department file' showing how we diligently had pursued the filing of the map.with the Health Department in an effort to obtain the necessary requirement, approval, under the old system before Article 6 was implemented in its. very stringent form and effective October 20th, 1983~ when it became incumbent by this Planning Board to require that before any maps Would be approved, Health Department approval under Article 6 would be a prerequisite to their continuing to consider the maps, and again by reason of Mr. Van Tuyl's sabbatical leave, by reason of the length of time that the Health Department took to approve those maps and give their imprimatur to the approval, it went beyond the May 31st date and we were unable to file the map timely and therefore relief under Local Law 11 should have been granted and the denial by this Board was a mistake. It was possibly based on inadequate information, because the file was not complete that they got from the Planning Depart- ment and the Health Department and we hope we will totally give the information as necessary today. The records of the Health Department are here under the subpoena. I will'hand them up as part of the record, but I will'hold them temporarily, Madam Clerk, until I finish, because there are one or two papers in here that I might have to refer to. Thank you, Mr. Supervisor and members of the Board. At this time I would like to call Mr. Irving Price to give a dialOgue and a background of the filing of the map and delays that were incurred by reason of the requirements of the change in rules. IRVING L. PRICE, JR., ESQ.: I am~ an attorney with offices at 828 Front Street, Greenport, New York and I represent Mr. Staller and Mr. Hedor, the applicants in this proceeding. This proceeding to file a subdivision map in East Marion was commenced in August of 1981 by presentation of the proposed map--sketch map--to · Pag~,3 - Hodor-Staller the Planning Board. The Planning Board reviewed it as of September 14th, 1981, and it was the concensus of the Board that the covenants be drawn stipulating that no further subdivisions are to be done on any parcels in the future and the Board requested another set of maps be drawn. This was done. The amended maps were submitted to the Planning Board April 29th, 1981 and at a meeting on May 10th, 1982, with me, the Board discussed the application.~ At that time I informed them that I had the verbal approval of Mr. Raymond Dean, the Superintendent of Highways, and Mr. Lawrence Tuthill, the Town of Southold Engineer, and then the Board requested that the 17 acres left out on the southern portion be labeled"Section I1" and that the part north be labeled "farm", and the new map submitted and the map was submitted and it provided for Phase I and Phase II, and Lots 13 to 32, plus 30~-32 in the park area. All of this was done in accordance with the requirements of the Planning Board., On June 17th, 1982 six copies of the proposed subdivision map was submitted to the Planning Board in accordance with the request of May 26th, 1982. June 28th, 1982 the Planning Board declared themselves lead agency with regard to the State Environmental Quality Review Act and the Planning Board granted sketch approval of the subdivision. That was on June 28th, 1982. July 1st, 1982 the Planning Board forwarded me a letter approving the sketch map and on October 14th twelve copies of the preliminary plan of the subdivision were submitted to the Planning Board Office. That period of time was needed by the surveyor to prepare the final approval maps, and on October 20th, 1982 an item which was not included in the chronological review of the Planning Board file, which was furnished your Board, the Planning Board, in a letter, said all that was needed for the hearing on the preliminary map was the Department of Health approval. That's where it gets sticky. COUNCILMAN SCHONDEBARE: What date was that, Mr. Price? MR. PRICE: October 20th, 1982. MR. PACHMAN: May I? Let me interject because this is a crucial time, and let me bring it out. On October 20th, :1982 the then Chairman of the Southold Town Planning Board, Mr. Raynor, wrote a letter to Mr. Price which says, "Enclosed please find copy of a letter received by Southold Town from Suffolk County Department of Health Services. The attached enclosure, Article 6, explains the conditions for approval set by the Suffolk County Department of Health. In order to hold a public'hearing--" and this is the crucial~-to be able to hold that public hearing---"on the sketch map which was approved on July 1,"-six months before the time requirements under Local 11--"you will have to comply with' the attached communication. As soon as written reply is received by this office stating Suffolk County Department of Health Services' approval, conditional, or otherwise, we will'be ready to proceed as rapidly as possible on your proposal. Thank you for your consideration." And enclosed with that was a letter of September 24th, 1982 which then Supervisor William R. Pell had received from Dr. David Harris indicating that he would insist upon strict pre-compliance with Article 6 for all subdivision maps that were filed. It is significant to note that on November-- excuse me--on October 18th, two days before that letter, a resolution apparently was passed by the Planning Department which says that--and this is on Page 4 of the minutes of October 18th, 1982: "Article 6, Realty Subdivisions and Development. Mr. Raynor advised those present that the Supervisor and the Planning Board have been notified by the Suffolk County Department of Health Services that they are enforcing Article 6 proceedings. Prior to proceeding with subdivision applications all water tests must be done and a written letter of approval must be submitted to the Planning Board. In the event the water does not meet the standards, a municipal system or a private water community system would have to be established. All Board members were in agreement that a blanket statement be sent to all parties involved, inclusive of major Page 4 - Hodor-~ uller and minor subdivision proposals." And then they said the following was drawn. Then again on October--on November 29th of 1982, also out of your Planning Board minutes, another resolution says that "Article 6 for the Suffolk County Department of Health Services, it was the concensus of the Board to enforce Article 6 of the Suffolk County Department of Health Services on all subdivisions approved by the Board from the enactment date of June 24th, 1981. Compliance of Article 6 with respect;to those parcels that have not been developed." Our parcel was now put in the requirement stage of having to get Article 6 approval. So what we had up to then, which was the usual practice of getting Planning Board approval, having public hearings, having the map approved and then going to the Health Department, getting their approval and filing it, had now been backed up and changed completely so that now in the same time When you were upzoning your one acre parcels to two acre parcels, the whole concept of how maps were to be filed, was changed. You recognize that when you exempted some maps in your Local Laws 7 and 9, and also when you adopted Local Law 11, which I will:allude to later on in conclusion by way of summary. But I think that's what Mr. Price is saying, for the first time now the whole thing was out of sync and out of step and a new condition, which we had no control over--again, looking to Local Law 11 as it states. We had received approval, we would have received the next approval as the time came, all before May 31st of 1983 when the new law took effect, except for a wrinkle, which we had no control over. One, the Health Department and ina few minutes we'll explain to you about Mr. Van Tuyl's condition, which held us up and delayed us in doing those things. Thank you. MR. PRICE: Prior to all of this there had been many months involved with communica- tions with the Department of Health--County Department of Health--as to whether or not this could be private water or municipal water, and the County would not approve any application for local water unless we had exhausted all possibilities for municipal water. The municipal water of the Village Greenport reaches almost to this property on Route 25, but to connect we would have to have an easement across other owner~ property and we were unable to obtain an easement and it wasn!t until August 9th, 1982 that I was able to get a letter out of James I. Monsell, Superintendent of Public Utilities for the Village of Greenport, to the effect that public water was not available. The next hang-up was when Mr. Van Tuyl attempted to get the locations that the County had approved for water wells and the County had not given it to him, so he couldn't prepare the map with the location of the County approved water locations to submit to the County to have approved before we could take it back to the Planning Board and have the Planning Board approval. Prior to that, as Mr. Pachman has stated, in the filing of subdivision maps all that was required was to have the Town approve the development--approve the map, then you submitted the map to the County and the County either approved or disapproved the water. If it disapproved the water you didn't have a map. If they approved the water then you could file it and you were in business. As Mr. Pachman has said; it was the change in the way Article 6 was applied that counted for a great part of the delay in this application and the proceedings under it. MR. PACHMAN: Thank you. When this Board gets the Heath Department file you will see a host of tests and requirements going back to 81, going back to 77 where this water was required to be tested to determine whether it had any deleterious substances, whether it would meet the State and Federal requirements of good potable water, and you will see that a long period of time came by before those tests finally were approved and it was found that water located on this site would be adequate to supply local water if and when a map was filed and an application was made. The formal approval of a preliminary acceptance by the Health Department that indicated ~Page~5 - Hodor-Staller that they would consider--they would consider the use of septic systems and local water, came as only November 22nd of 1983 and that was for the purpose of permitting us to continue to get the required acceptance, and it says specifically on their letter that this is not an approval, it's just an indication,~that you can proceed to use local water and you don't have to go to a communal system and you don't have to proceed any further with the concept of going into trying to get water from the Village of Greenport. Clearly it says, "This letter is for informational purposes only and Should not be construed as an approval." They just indicated a indication that we could proceed on this basis to get the necessary approval down the road, and you will find that approval does not come until August 4th of 1983, because information that Mr. Van Tuyl had requested in October and November of 1984 he didn't get responses to until July of 1983. COUNCILMAN SCHONDEBARE: Mr. Pachman, let me interject. I think you got your dates mixed up and I'm little concerned. October 20th 82 you were advised by our Planning Board to comply with Article 6. MR. PACHMAN: Right. COUNCILMAN SCHONDEBARE: Now I have in my notes here in one of your last statements you said that you finally got preliminary approval from the Suffolk County Heath Department on November 22nd 83--- MR. PACHMAN: 82, excuse me, that date's wrong. COUNCILMAN SCHONDEBARE: 82. So we're talking about a month. MR. PACHMAN: Right. They gave us a preliminary acceptance that we could go without going to public water, without going to communitY water, we could go local wells and we could go septic systems. COUNCILMAN TOWNSEND: Had you dug wells at that time? Excuse me. MR. PACHMAN: No, we couldn't dig wells, because we didn't have approval from that. We had test wells, but we didn't--- COUNCILMAN TOWNSEND: That's what I meant, test wells. MR. PACHMAN: They had test wells and after the basis of what they allowed us to go into the water based uPon Kreiger giving certifications that wells could be put in. COUNCILMAN TOWNSEND: When were the test wells dug? MR. PACHMAN: Oh, they were done in 81, 80, 79. They're all in the records. COUNCILMAN SCHONDEBARE: So it was one month from the time you were advised to do Article 6 until the time you received preliminary approval--- MR. PACHMAN: Only to the sense that we could go to local water wells and septic systems, but they hadn't approved any system yet because they didn't have the proper information yet, and that's what Mr. Van Tuyl will testify to now. Mr. Van Tuyl, will you please tell the Board the sequence of events that took place and how you requested from the Health Department that you receive their preliminary informa- tion so that you could prepare the map and get the certifications on it so it could be submitted to the Planning Board for approval with the Health Department's approval. Page 6 - Hodor-_,alle~ RODERICK VAN TUYL: I guess I don't have to identify myself. I've been referred to by previous testimony. I'm Rod Van Tuyl the Licensed Surveyor and Engineer who handled the subdivision details for Mr. Hodor and Staller and I will substantiate most of the testimony that has been presented so far. I don't want to appear to assume most the blame for the delay, but was a--not too good a time to take a six months leave of absence, although I will say that the work did proceed. We obtained the services of Young and Young from Riverhead to handle the engineering details and our records show that we did do work on the subdivision a little bit each month from October to June of 83. As far as the Health Department, I don't want to blame them either, but as stated before, we had written to the Health Department on October 4th of 82 requesting information as to the test holes which were dug and also the type of sewage disposal system that would be required. We got no answer at that time. One month later, November 4th 82; I requested them to refer to our letter of October 4th requesting the same thing, after which a letter dated November 22nd, from the Health Department, stated they would app,'ore, in essence, the individual water supply system and individual sewage disposal system, but it didn't necessarily approve the subdivision as such. I have a copy of the map in our files where we did not receive the results of the test holes from the Health Department until June of 1983, which certainly was not hold up on our part. COUNCILMAN TOWNSEND: Excuse me, Mr. Van Tuyl. You said it was hold up on your part and you didn't get the results from--- TOWN CLERK TERRY: He said it was not. COUNCILMAN TOWNSEND: Oh, it was not. Okay, I'm sorry. COUNCILMAN SCHONDEBARE: Mr. Van Tuyl, which 'is your six month sabbatical in there? From when to when? MR. VAN TUYL: It was November 82 to May 83. COUNCILMAN TOWNSEND: Specifically how did that affect the application, because you said your operations did go on--how did the fact--if delays--according to your testimony you wrote the Health Department on two occasions. You waited a month inbetween the first one. MR. VAN TUYL: Yes. COUNCILMAN TOWNSEND: And then you didn't receive the Health Department results-- the monitoring results of the wells until after the deadline. Is that correct7 MR. VAN TUYL: Right, yes. COUNCILMAN TOWNSEND: So what would your delay have caused--how could you have caused further delay? MR. VAN TUYL: Nothing as far as the Health Department. We proceeded to do some work on the ground, getting elevations so that we could provide profiles of the roads and a drainage system to serve the area. COUNCILMAN TOWNSEND: But you could not have submitted the final maps until you had Health Department approval? MR. VAN TUYL: Not the final maps, no. · Page o7 - Hodor-Staller COUNCILMAN SCHONDEBARE: So what does your sabbatical have to do with this? If any? MR. VAN TUYL: In my view, nothing. COUNCILMAN SCHONDEBARE: Thank you. MR. PACHMAN: Well, Mr. Van Tuyl did not give the final subdivision map until April 1 of 1983. The Town Planning Department required during the months of December 82 road profiles to be prepared so that the map could be filed. Those road profiles did not come in until April ~13th and then when they were finally received, although they may have been worked on by Mr. Van Tuyl's office, and Mr. Young's office, they were not submitted to Mr. Price so he in turn could submit them to the Planning Department so that the Highway Department would give their approval so that the road profiles would be made final--in final form, that the drainage would be in a final form that the Planning Department could act upon the map, and I am not here to put Mr. Van Tuyl on the spot and I'm not here to cast blame, and I'm not here to do anything but the issue that we are confronted with was during the time of his sabbatical certain work that would have normally come out on a normal course of events did not come out until after he returned from his sabbatical, so it did have an adverse affect, which was not within the control of the applicant, for purposes of filing the map and getting the map approved. COUNCILMAN SCHONDEBARE: You're saying that the road profiles would have been submitted back--they were asked for in December--December 10th, they were received April 13th. When would you normally have anticipated receiving a road profile after requested ? MR. PACHMAN: Mr. Van Tuyl, how long does it normally take for you to do a road profile? MR. VAN TUYL: Probably two months. MR. PACHMAN: Okay. COUNCILMAN SCHONDEBARE: So February. MR. PACHMAN: It still would have been the May 31st date. What about drainage? MR. VAN TUYL: The same. MR. PACHMAN: Two months. So, what normally would have been done in two months didn't get done in excess of six months. Now, the map that you finally filed in April 1st, that you signed, which was the map that was used---the map which was finally signed and filed for submission for the Planning Department and to the Health Department, what was the date of that map? MR. VAN TUYL: You're talking about the preliminary? MR. PACHMAN: Yes. MR. VAN TUYL: April 1st, 1983. MR. PACHMAN: What does it normally take to prepare a preliminary map after you get preliminary approval and you get Health Department indication, how long does it take to prepare that map, Mr. Van Tuyl? Approximately. Page 8 - Hodor-S[aller MR. VAN TUYL: Every case is different. There isn't any normal situation in my view, but I would say six months. What was the question again? MR. PACHMAN: The question was, when you finally get preliminary approval from the Planning Board to prepare a preliminary map, which has already been appr°ved, how long does it take to put that in final form so it could be submitted to the Planning Department for their approval? MR. VAN TUYL: It could be six months. MR. PACHMAN: But what does it normally take? MR. VAN TUYL: There isn't any normal. MR. PACHMAN: Isn't the time usually two or three months, at best, for a map to be filed and prepared? MR. VAN TUYL: At least. MR. P^CHMAN: At least. Okay. And that's the usual course of events, not six months? That's theoutside time limit,' am I correct, sir? MR. VAN TUYL: We've had maps that have been pending for--- MR. PACHMAN: I'm not asking the time that they were pending, this was pending for four years. I'm not talking about that. I'm talking when you get the approval from the Planning Board to the time you get it ready in its final form, what is the usual time frame between that period of time that you get the approval and you actually sketch it on your table to give it back to your client so that it can be submitted to the Planning Board for approval? MR. VAN TUYL: I'm afraid I can't answer that, because there are no usual times. COUNCILMAN SCHONDEBARE: Mr. Pachman, what do you say the usual time is? MR. PACHMAN: I'll have Mr. Price testify to that as to local procedure. My time is usually three months. It's very unique that any surveyor would take longer than that, I think Mr. Price can testify as to local option here, COUNCILMAN SCHONDEBARE: I would take it from Mr. Price. MR. PRICE: I think the perameters are three months and as long as six months. COUNCILMAN TOWNSEND: May I ask a question of Mr. Van Tuyl? This period wherein you were in your sabbatical, was that an exceedingly busy period for you? Was it a period of time when there were a lot more maps being filed? Was there a backlog of work that was created during this period which was from 81 to 83? MR. VAN TUYL: 82 to 83, six months, yes. No more than usual, no. My office carried on the work and as I say, did obtain the services of another engineer. COUNCILMAN TOWNSEND: So you had another engineer help you, Young and Young? MR. VAN TUYL: Yes. COUNClLAMN TOWNSEND: And this was not a period of time where there were increased · Page ~ - Hodor-Staller applications, because it seems to me we've received a lot more subdivision applications during that period of time, and I'm wondering whether or not you were under an increased workload at that point in time which would have necessitated delay that would be greater than normal? MR. VAN TUYL: Well, I know we did have quite a few at that time. There were two or three on She~ter Island, for instance, which we covered, but they got into more specific details in their requirements, so--- COUNCIl-MAN TOWNSI~ND: So, what I'm asking you is that if it would normally take two months because of extreme pressures of development pressure, it might have taken longer for that reason, because of the circumstances? MR. VAN TUYL: I think that's well founded. MR. PACHMAN: Mr. Van Tuy~, during the time that your office was working on this, you got a timecard that I remember seeing. ~ Can you tell me how many hours you put in on this particular map during the time that your office was working, during the time you were on your sabbatical, sir? VAN TUYL: A total of about 45 hours of--man-hours of work during that period. MR. PACHMAN: Did anyone else certifY any maps during the time that you were absence, over your signature during that time, in your office? MR. VAN TUYL: Not subdivision maps. MR. PACHMAN: So no one in your office Could have certified this subdivision map until you got back on April 1st when you signed this map, is 'that correct, sir? MR. VAN TUYL: Yes. MR. PACHMAN: Thank you. After this map was finally certified by Mr. Van Tuyl and information came back at that time, the May 31st date had gone by the boards. To the credit of the Planning Department they continued to process the various maps that they were accepting and receiving even though the time-fame had passed. COUNCILMAN SCHONDI~BARE: When~was this certified? MR. PACHMAN: April 1st. Although he returned to work in May, he came into his office and came in and graciously signed this map so we Could get it moving. COUNCILMAN SCHONDEBAR£: So it was certified April 1st7 MR. PACHMAN: It was certified April 1st. Based upon that certification and ultimately getting the road profiles, which came in around April 19th, which also we were able to get, they began to be filed. On about May 27th, 28th, 29th the Planning Department sent it out to the Highway Department and sent it out to the DEC, the State DEC, and sent it out to the various agencies that it normally would send it out and began to process the map as if it hadn't passed the deadline. What happened was, everyone knew--it was public information, because when you passed Local ~.aw 9, and your minutes will reflect it, Councilman. Nickles indicated that there was going to be a relief valve set in, they were exempt certain maps, and things were going to be--those that were in the pipeline,~ because there would be a prejudice with a lot of money expended and a lot of hardship involved if this went across the board to those which were already in the pipeline and some kind of grandfathering clause would come in, and the Local Law Page 10- Hodor-~alle~ was Local Law 11. So the Planning Department presumably, assuming that this would be one of them that was approved, continued to proceed along and get the necessary approvals and on August 4th we finally got the Health Department approval. And then we got a letter from the Planning Department which said; we can't process this map any more, we can't even hold a public hearing, because you're now subject to the two acre requirements. This has to be aborted, it has to be stopped, your relief is under Local Law 11. In October of 1983 relief was applied for under Local Law 11. Now, it is important to note that this Board, in:its findings when you passed Local Law 11, that you said that--and I want to read it to you, not because I'm bringing coals to Newcastle, but to refresh your recollection in helping you make your determination, because it's not the issue whether you like this subdivision or don't Ilke this subdivision, because that's not the result or the office of this Board at this particUlar time. That was the office of the Planning Department. They approved the map based upon the laws that existed at that time. The only thing you took to your bosoms, to yourselves, you say you!re going to make your determination whether this map was conscientiously, expeditiously, diligently pursued by the applicant prior to certain dates so that it would have been approved under normal circumstances, and we are saying that it wasn't because we weren't duly diligent, duly conscientious, but things without our control, the Health Department, Mr. Van Tuyl~s leave of absence. I'm not trying to blame this on Mr. Van Tuyl. I'm not trying to blame this on the Health Department. I'm trying to say it wasn't within the control of the applicant to get this map timely filed within the May 31st, 1983 date so he Would have to go for relief under Local Law 11. Things without our control. I'm not ascribing blame, not saying your fault, we're not pointing fingers, we're saying we had no control. We were unable to timely, effectively, efficiently file this map. Now listen to what your findings say and I think you're bound by your findings when you make your determinations here today. It says, "(1) (a) On May 16, 1983, the Town Board enacted Local Law No. 7 which increased the minimum area, wiGth, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its effective date of May 20, 1983." Findings (b) ,On August 9, 1983 the Town Board enacted Local Law. No. 9, 1983, which excepted certain subdivision maps from the lot area, width, depth and yard requirements specified in said Local Law No. 7, 1983. ;(c~) The.Town Board has now ascertained," and this is a finding that you mede presumably based upon your information at that particular time, ~'..that there exists many owners of land who had expended time and money in the preparation oflsubdivision maps conforming to the zoning requirements prior to May 20, 1983, but due to circumstances beyond their control were unable to have such subdivision maps approved by the Planning Board prior to May 20, 1983." And you go on to say, "(d} That the Town Board finds that in such instances," in the instance that we're talking about now, "..it would be inequitable to require such land owners to conform to the requirements established by Local Law No. 7, 1983, and that such owners should be given an opportunity to petition the Town Board to request that the provisiOns of the Bulk and Parking Schedule in effect prior to May 20, 1983 shall apply to the subdivisio ns described in said petition." And that's what we filed for. We filed for that relief based upon your findings. And then you go on to say, those which are-~conditi0n and which can file are those "Major subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to January 1, 1983." We filed it back in 81. We were approved January 1, of 82, so we came under your umbrella of those subdivisions which are entitled to this relief. The only thing we have to prove--the only thing we did prove--and we're coming back to provide it to you again, that such application diligently and in good faith prosecuted such application. The final approval of said subdivision map was not granted by the Planning Board prior to May 20, 1983 due to circumstances beyond the control of the petitioner and that's what we've said here tonight, it's what we said here a year ago. .Page o11- Hodor-STalleO This case has been pending, it's been in court, it's to be resolved. It's taking a long time. I hope we've given you enough good information so you can find it was beyond our control, that we diligently pursued this, I'm not blaming any one, all we're saying, not our fault. Please grant us the relief you're supposed to grant us by your passing of Local Law 11 of 1983. Thank you very much. COUNCILMAN SCHONDE~BARE~: Mr. Pachman, you indicated to us that the Planning Board continued to entertain your application even though the time expired and they were nice enough to do so, and I think you indicated to us that the Planning Board thought that this would be one of the projects that would have been--- MR. PACHMAN: It was surmise, because they wrote a letter to Mr. Tasker, which is in the record, they want to know what is a length of time for a major subdivision to be filed? And I can read Mr. Tasker's response. He didn't know the answer to that one himself, he said~that was for the Planning Board to decide what is a reasonable length of time when you involved with a major subdivision, and that's part of the record of the Planning Department. COUNCILMAN SCHONDEBARE: Their recommendation to us, if I remember correctly, was to deny thi,s application~ MR. PACHMAN: I don't know why. I don't know why. I don't know what they based ilion and I can only surmise that it was on misinformation. £xcuse me, sir,. Council- man, I know and I read records of other applications that you have handled--you, I mean the Town Board has handled, and you have requested of the Planning Department to give a chronological series of events of what took Place. In some instances they recommended approval and you approved--at least in one instance they recommended denial, and you approved, and though there's nothing in the Local Law which asks you or requires you to get their consent and advice, you have sought it, but it's not a requirement, it's not a condition and you haven't been bound by it in the past. I trust you will not be bound by it again. COUNCILMAN SCHONDEBARE: With reference, to Local Law 11, do you have it 'in front of you? MR. PACHMAN: Yesj sir; COUNCILMAN SCHONDI~BARE: Do you read it? MR. PACHMAN: Can I read it? COUNCILMAN SCHONDEBAR£: Yes, just Local Law 11. MR. PACHMAN: Which part? I was reading from it before, sir. COUNCILMAN SCHONDEBARE: I'm reading it. You've got it attached to your Order to Show Cause. MR. PACHMAN: Yes. COUNCILMAN SCHONDEBARE: I have it. I'm reading it myself. MR. PACHMAN: I can give you my copy. Page 12 - Hodor-_,alle, COUNCILMAN SCHONDEBARE: No, I have it, thank you. SUPERVISOR MURPHY: You mentioned something before about six sets of plans that were given to the wrong people or-- MR. PACHMAN: No, no. Apparently they required additional copies for forwarding to the Health Department and forwarding to the Highway Department and the Town didn't have adequate numbers and we had to go back and get additional copies and that also delayed the situation. And, by the way, your Highway Department didn't approve the road profiles until June of '1983, which again was beyond that time and we couldn't have gotten an approval before May 31st because they didn't approve the plans until beyond the outside time limits we had on May 31st. COUNCILMAN STOUTENBURGH: May I ask a question. Maybe Mr. Van Tuyl--said that he worked 45 hours during this interim period here--- MR. PACHMAN: The office. COUNCILMAN STOUTENBURGH: Yes, the office did~ Wasn't there another organization you had brought in, did they work at all on this at all? The Young--did they work on it? Is that included in that? MR. VAN TUYL: Yes. COUNCILMAN STOUTENBURGH: That's inCluded in that. So they were involved in that, okay. COUNCILMAN ]'OWNSEND: Mr. Van Tuyl, you came back on April 1st and signed the maps. What was the last--how long prior to that had the work been completed on those maps? How long had the work been done prior to that--when was the last-- if you've got a time schedule? MR. VAN TUYL: I have listed here on April 1st itself five hours of time, and also on April 5th when the map was presented--three and a half hours, so that was office work done by some others,. The time I spent was checking the map and putti.ng my signature on it. COUNCILMAN TOWNSEND: The map was not~ completed and on the shelf somewhere waiting for you to come back and sign it? MR. VAN TUYL: No, no. COUNCILMAN TOWNSEND: Mr. Price, I think. The Health Department was six months before they came back. It seems to me the most significant delay. To what do you attribute that? Did you not make any inquiries of the Health Department as to why it was taking six months to get a final approval of the results of the water? What was going on? MR. PRICE: As Mr. Pachman stated, they didn't reply to Van Tuyl's letter. COUNCILMAN TOWNSEND: For one month. MR. PRICE: One month. COUNCILMAN SCHONDEBARE: And then he wrote another letter on the following month. .Page o13 - Hodor-Stallet MR. PRICE: Yes. COUNCILMAN TOWNSEND: And what was going on? Why didn't--- MR. PRICE: I can't hazard a guess as to what was going on up there. COUNCILMAN TOWNSEND: Did anybody inquire as to what was going on at the Health Department? MR. PRICE: Yes. 'COUNCILMAN TOWNSEND: And got no answer, no response? MR. PRICE: No, no answer. COUNCILMAN STOUTENBURGH: In what method did you inquire? MR. PRICE: By phone and by letter, and Mr. Feber on behalf of Staller inquired, verbally. COUNCILMAN SCHONDEBARE: My basic problem, we have interpreted this as a question--Local Law 1]--as a question of whether or not the delay is occasioned by the applicant, his servants, agents and or employees,~ vis-a, vis our Planning Board. If it is shown to be our Planning Board was the occasion for the delay, then we have granted them. If it turns out to bo the applicant, his servant, agent or employees, then we denied it. That's how we've looked at it. You're using beyond the applicant's control under local Law 11 as saying,we were doing it properly, but our agent, servant and employee was not. That's my problem. You have not told me what it was that my Planning Board did wrong. MR. P^CHMAN: It is very respectfully that I take this position and suggest to you that your interpretation, as you read it, is not what the statute or the Local Law says. I'm not here to preach law to you or talk to you in any fashion, other than giving you the facts, because your Town Counsel is here, a very eminent attorney I've known for many years and I have a high respect for him. In plain language, on the face of the statute, one does not look to beyond it or what it says. Your own--if you want to look beyond your own findings of fact and look at the remarks made by Mr. Nickles when the original legislation--if you're looking for legislative intent, not ex post facto legislative intent, which you can't look to, but underlying if there is some confusion in the statute, which is not, clear, then you look to the legislative proceedings to determine. Those legislative proceedings at that time indicated that nothing about agents, servants, and employees of the applicant. Nor does it say that you exculpate the Planning Board~ it has to be at their fault. There is nothing in this ordinance, nothing in this Local Law, which gives you the right to take that position and with respect and with candor, I suggest to you that you're wrong. COUNCILMAN SCHONDEBARE: Good point, Mr. Pachman. SUPERVISOR MURPHY: Mr. Pachman, I know this is no real bearing on this 25 acre parcel, but what is involved on the entire pieces and what is the present zoning on them ? MR. PACHMAN: The total acreage consists of 17, 34 and the subdivision consists of another 25, so 59 acres. When this map was submitted, it was originally to be sub- mitted as one acre zoning with the possibility of developing three sections. The Page 14- Hodor-_ _alle, Planning Board, in their wisdom, decided that they would like the applicant to reserve at least 17 acres for farmland, not developed. So the initial first section of Marion Estates Number One, which included a recharge basin and a park and playground, consisted of exactly 20 lots. It consists of 20 lots. There would have been section of open space of 17 acres and a possible future subdivision of Section Two of 17 acres. If this is two acre zoning, then presumably they can get a greater yield because they now could go back and to presumably open up that 17.25 acres, because that would be the issue, but we have planned out certain maps in an effort to see how it would fly and see how it could be developed as a possible compromise between the one acre and the two acre, and you probably could get a fair yield from the Town's point of view and from the applicant's point of view for about an acre and a half, and get the same kind of return, not overproduce on the land itself, and keep- ing with the concept of the development. Now, I must say, because you go about it and it's no secret, that just across the street on Rocky Road to the west in your Master Plan it's one acre--east, excuse me, east it's one acre, and this is remaining in two acre, by the stroke of a pen or the location of a road. If this was on the other side of the street this would fall within your one acre development under your Master Plan and we would have no problem again going back to where we are, but we're on the wrong side of the street apparently, proverbially, and if you adhered to your Master Plan, we'd still be in the two acre umbrella and that's why we're insisting upon the relief under Local Law 11. COUNCILMAN TOWNSEND: Mr. Pachman, I'd like to have--you said you have records of communication with the Health Department--- MR. PACHMAN: The whole Health Department file. COUNCILMAN TOWNSEND: Does that include the aforementioned memos to the Health Department during this six month period where you were exhorting them to hurry--- MR. PACHMAN: There is a letter from Mr. Van Tuyi dated November 4th, 1982, and. there is a letter that he sent to the Health Department on October 2nd, 1982--is not in this file--when I subpoenaed the file. I can give you a copy of it. COUNCILMAN TOWNSEND: And do you have also any records of communications between the applicant and Mr. Van Tuyl? Is there any logs or anything wherein--- MR. PACHMAN: Well, if I don't have them 1'11 get them for you, all right? If I may be permitted to :supply them. Just let me find that letter of October 2nd. Here is a--October ~,th--here is a phOtocopy, Councilman Townsend, of the letter which is not in the file, which he wrote to the Health Department asking them for the information. He wrote to them again on the 4th, which is in the file-- COUNCILMAN TOWNSEND: He referred to that. MR. PACHMAN: All right, that one is in the file, and there is a letter of August 9th of 82 from the Village of Greenport that public water is not available--that's in the file. What I was able to subpoena is what they had in their file and that's what I have here and the file is presumably not complete, because even your file is not complete, having that letter of October 20th in your file, which went to all applicants, which was directed to us, but a copy was not on file in your Planning Department file. I found that looking through our file. So files are not always complete. COUNCILMAN SCHONDEBARE: You stated that someone from Staller was here. You haven't called him. Is there any of the other information that we have? · ' .Page~15- Hodor-StallerO O MR. PACHMAN: Yes. Mr. Ferber is here. Apparently the field engineer who handled this for Staller Associates is Paul Jagodzinski and he is since deceased in October of 1984. I regret to say that he was the one who was must fully familiar with the problem. Mr. Ferber is here as a representative. He has some knoWledge about the facts, that there were communications with the Health Department on the water and if you want some indication from him he'd be pleased to---You heard the testimony, Mr. Ferber. Although this wasn't particularly your particular province, but it was Mr. Jagodzinski's responsibility~ do you know of your own knowledge if there were many calls and many correspondence between the Health Department and Mr. Van Tuyl trying to get this map off the ground in light of the situation? MR. FERBER: I think I was part of trying to get the information--and I use the word "information" in a very broad senser-from Mr. Van Tuyl's office in the end of 82 and beginning of 83. My ~og--I didn't bring it with me tonight--had virtually weekly calls to Mr. Van Tuyl's son. He was extremely helpful, but really wasn't able to produce the work. I called Howard Young, the engineer who was assisting Van Tuyl's office while Mr. Van Tuyl was away, and frankly, Howard Young had trouble producing his own work expeditiously. Helping out another engineer, another surveyor, is sort of ludicrous even to think of and that's really the extent of my connection with it. But truly, it was weekly calls to Mr. Van Tuyl's office, but again, courteous, I'II try and get to it, I'll try and get to it, I'll try and get Howard out here, and calls to Howard, I'll try and get out and help him, I'd love to help him, I want to help him, but I can't get away from my own work. MR. PACHMAN: I found a letter from Mr. Tasker to Mr. Raynor. It's dated May 9th and it's in your Health Department--it's in your Planning Department file where they specifically ask--made an inquiry of Mr. Tasker. "The question has arisen as to what constitutes a reasonable length of time when a proposal has been given sketch approval and the applicant proceeding to preliminary state?" This ~is a letter dated to Bob on May 4th, 1983. He wrote back in response to what I think the most cogent part of it is, "1 believe that the Planning Board has more knowledge of the work required to prepare a preliminary map than I do and I believe that they are in a better position to determine what would be a reasonable period of time. Once this has been determined, it would seem to me that either the subdivision regulations should be amended to insert a time period, or the Planning Board, when approving a sketch plan for a major sub- division, should proscribe a time within which the applicant must file a preliminary map and an application for approval." So it was open ended at that time. There was no one who was able to divine or had a fixed time frame of how long should a map be between preliminary and final. TOWN ATTORNEY TASKER: I believe, Howard, that the question that was posed was that the subdivision regulations proscribed a period of time after which sketch plan approval was granted, at which time the applicant must submit his preliminary p~an. There was no requirement with respect to a major subdivision and they asked me what would be a reasonable period of time. MR. PACHMAN: Agree. TOWN ATTORNI~Y TASKER: And I said, once they agreed on it that they ought to amend their regs and to put it in~ That was the end of it. MR. P^CHMAN: I agree with you. I didn't read the first part because it pertained to a minor subdivision and it wasn't applicable to us. I wasn't trying to take it out of context. I think with regard to major subdivisionsq-I agree with you. Ill,you're Page 16- Hodor~ Jlle, going to make a time frame, a restriction of constraint and put it in your ordinance, don~t tell us later on that you"re not going fast enough because we don"t know what your time frames are. If you want to play the game by a certain set of rules--- TOWN ATTORNEY TASKER: I think it was six months, wasn't it, with a minor? MR. PACHMAN: With a minor you suggested six months, yes. TOWN ATTORNEY TASKER: No, that's in the Code. MR. PACHMAN: It's in the Code, yes, yes, that's right. SUPERVISOR MURPHY: Okay, anything further? MR. PACHMAN: No, I think that I'Ve exhausted you and myself and this patient audience--one or two have left. I want to thank you for your patience and your courtesy and your understanding. I trust your wisdom in your decision will be as good. SUPERVISOR MURPHY: Okay, is there anyone else here who would like to speak bn this matter? (No response.) Okay, if not, I~d like a motion to close this hearing. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that this hearing be closed. Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. · r~ (../ Southold Town, Clerk T( LD $outhold, N.Y. 11971 (516) 765-1938 September 27, 1984 Mr. Frank Yakaboski Smith, Finklestein, LUndberg, Crimmins and Yakaboski 456 Griffing Avenue Riverhead, NY 11901 Re: Hodor/Staller Dear Mr. Yakaboski: Enclosed is a copy of the minutes from August 31, 1981 meeting regarding the above application. This was omitted from the previous information sent to you. Ver. y truly yours, ~n~L~ .~c~~re tary Southold Town Planning Board enc. , Southold, N.Y. 11971 (516) 765-1938 September 26, 1984 Smith, Finklestein, Lundberg, Crimmins, and Yakaboski ATTN: Frank Yakaboski, esq. 456 Griffing Avenue Riverhead, NY 11901 RE: Hodor-Staller proposed subdivision Dear Mr. Yakaboski: As per your request of this date, enclosed herewith is a copy of the subdivision map of Hodor/Staller. a~ East Marion which was amended June 15, 1982 and received by the Planning Board June 17, 1982. Also enclosed are three certified copies of the Subdivision Regulations for th eTown of Southold. If you need any further information, please don't hesitate to contact our offfice. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN ~UTHOLD T.OWN~ PLANNING B~ARD B~D~ane~. Schu~ze, Se~et~ry enc. Southold, N.Y. 11971 (516) 765-1938 September 24, 1984 Smith, Finklestein, Lundbert, Yakaboski-Attornies at Law ATTN: Frank Yakaboski 456 Griffing Avenue Riverhead, NY 11901 Crimmins and Re: Relief petition for East Marion Woods, Sec. 1 Dear Mr. Yakaboski: As per your request of September 21, herewith is a copy of the entire file for subdivision. 1984, enclosed the above mentioned If you have any other questions, please contact our office. Aery truly yours, ' ~M.~~ary Southold Town Planning Board enc. OCOI~TY OF SUFFOLK I 1984 PETER F, COHALAN SUFFOLK COUNTYEXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVIO HAI~I~IS, M.D., M.P.H. Date Henry E. Raynor Jr. Chairman Southold Town Planning Board To Southold 'RE: New York 11971 East Marion Woods Section One East Marion (T} Southold Dear Mr. Raynor: We are in receipt of your xl~im~ inquiry' the above referenced project. I I concerning 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Depart~nt does not agree with your initial determination. See Comments. 4. Insufficient information is available for technical comments. There is no record of an application to this Department. I I I A more accurate project location is needed, (Suffolk County Tax Map #) Test well data is needed. Test hole data is needed. Other: 6. This Department has received an application and it is: Complete Incomplete Other 548- 3318 ~ ~ ~k~Yk 7. It appears that the project canoe sef~R~d by: Sewage Disposal System ~ Sewer System and Treatment Works ~ Subsurface Sewage Disposal System(s) ~ Other: Water Supply System r~ A Public Water Supply System ~ Individual Water Supply System(s) ~ Other: 8. Approval of other Agencies may be required: ~ Department of' Environmental Conservation (NYSDEC Army Corps of Engineers (USACE) Town or Village Other: 9. Comments: Thank you for coordinating with this Department and if you have any questions please contact the undersigned. Name pnynl Phone 548-331R JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL $'1 \ 11STICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 10, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Irving L. Price, Jr., Esq. 828 Front Street Gre&nport, New yOrk 11944 Dear Mr. Price: The Southold Town Board at their regular meeting held on May 8, 1984, denied relief to Louis Hodor and Max Staller under Local Law No. 11 - 1983 The resolutiOn is as follows: WHEREAS, Louis Hodor and Max Staller, by petition dated October 24, 1983, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning Code on certain property containing 25.100 acres on the west side of Rocky Point Road, East Marion, known as "East Marion Woods, Section I", and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk, County Department of Planning for their recommendations, and WHEREAS, a~publi~ hearing was held by the Southold Town Board on said petition on the 13th day of March, 1984, at which time all persons were given ar~ opportunity to be heard thereon, now, therefore, be it RESOLVED that Louis Hodor and Max Staller be and hereby are denied relief from the Bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983, on certain property containing 25.100 acres on the west side of Rocky Point Road, East Marion, known as "East Marion Woods, Section I". It is the determin- ation of the Southold Town Board that the petitions did: not diligently prosecute their petition for a Major Subdivision, therefore, final approval could not be granted by the Planning Board prior to May 20, 1983. Very truly yours, Judith T. Terry Southold Town Clerk cc: Southold Town Planning Board Southold. N.Y. 11971 (616) 765-1938 March 23,1984 Mrs. Judith Terry Town Clerk Town of Southold Southold, Ny 11971 Re: Hodor and Staller East Marion Woods, SectionI Dear Judith: As per your request, enclosed herewith is a chronological review of the above captioned major subdivision. Very truly yours, enc. HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary MARION WOODS SECTION I HODOE AND STALLER August 31, 1981 - Sketch maps submitted to Planning Board office Suptember 14, 1981 -Planning Board review. Mr. Mullen and Mr. Latham reported to the Board followinga an on-site inspection. It was the concensus of the Board that convenants be drawn stipulating that no further subdivisions are to be done on any of the parcels in the future. The Board requested that another set of maps be drawn. September 14, 1981- Letter to William Price, esq. confirming the request of the Board at the Sept 14 meeting. April 29, 1981 - amended maps subm~tted to the Planning Baord May 10, 1982- Planning Baord meeting; Mr. Irving Price, esq. met withthe Board to discuss the application. Mr. Price stated that he had verbal approval from Mr. Raymond Dean and Mr. Lawrence Tuthill. The Board requested that the 17 acres left out on the southern portion be labeled. Mr. Roderick Van Tyle stated there were two areas, one inthe southand one on the north, for conventional drainage system. The Board was to make a f field inspection of the poroperty prior to making a determination. May 26, 1982 - Letter informing Mr. Irving Price, esq the concensus of the Planning Board during a field inspection of the property. The Board asked that the following changes be made: Phase I and Phase II be revised to Phase I being lots 13-32 inclusive, plus 30-32 with apark area. Road construction to be east-west road, 470 feet at the South end of section I and 1,150 feet north and south within sectionI. Section II consists of Lots 1-12 inclusive, plus 33-35 and drainage area. East-west roadway to be 800 fee on the south end of section II and 900 feet running north and south within section II. The 17 acres of farm land south of Section I should be labeled as Section III. June 17, 1982- Six copies of proposed subdivision maps submitted to the Planning Board in accordance with the request of May 26, 1982. June 28, 1982 Planning Board declared Lead Agency with regard to the State Environmental Quality Review Act. Planning Board granted sketch approval of the subdivision. Ju~y 1, 1982- Letter to Irving Price, esq. informing of the Planning Board action of June 28, 1982. October 14, 1982- Twelve copies of the preliminary plan of the subdivision submitted to the Planning Board office. November 1, 1982- Planning Board received a copy of correspondence from Mr. Irving Price, esq asking the Suffolk EAST MARION WOODS ~C~ION I °~HODOR STALLER November 1, 1982 cont.- Department of Health Services for information regarding their application under Article t of the Suffolk County Sanitary Code. December 10, 1982- Planning Board requested twelve copies of road profiles application and fee. April 13, 1983- Six copies of drainage and six copies of road profiles received by Planning Board along with proposed covenants ahd restrictions. May 17, 1983- Short environmental assessment form, application, fee End 6 additional copies of the road profile received by the Planning Board May 26, 1983- Planning Board requested 6 copies of the preliminary plan for referrals to Suffolk County Planning Commission. It was noted that six copies were received on April 13, 1983 however these were distribute to the Planning Board and the additlonal copies would be needed for forwarding to Superintendent of Highways and Town Engineer. May 31, 1983- Planning Board made referrals to Suffolk County Planninw Commission, DEC, Department of Health Services, Town Engineer and Superintendent of Highways. July 1, 1983- Planning Board informed Irving Price, esq. that there had been no complaince with Article 6 of the Suffolk County Department of Health Services regarding thiB subdivision. Since the Town Board had legislated two-acre zcning, =nd the subdivision did not meet with the zoning requirements enaated on May 20, 1983, it was recommended that an appointment be made to discuss revisions for compliance with the present zoning. July 5, 1983- Planning Board received a copy of a letter sent to Jeffery Ferber of Staller Associations, by Irving Price, esq. Mr. Price requested Mr. Ferber to look into the Article 6 proceedings and perhaps meet with Mr. Price to discuss the progress of this. August 22, 1983- Planning Board receive~ 1 mylar and 4 paper prints of the subdivision with the Suffolk Couhty Department of Health Services approval endorsed. September 22, 1983- Letter to Irving Price, esq acknowledging receipt receipt of the preliminary maps and informing him that since a public hearing on the preliminary map was not held, the subdivision would failunder 2-acre zoning. It was suggested that the Supervisor's office be contacted if the applicant wished to seek exemption from this. November 4, 1983- Applicant filed a petition for relief under Local Law 11, with the Town Board, E~T MARION WOODS SECTION I HODOE AND STALLER August 31, 1981 - Sketch maps submitted to Planning Board office Suptember 14, 1981 -Planning Board review. Mr. Mullen and Mr. Latham reported to the Board followinga an on-site inspection. It was the concensus of the Board that convenants be drawn stipulating that no further subdivisions are to be done on any of the parcels in the future. The Board requested that another set of maps be drawn. September 1~, .l~981- April 29, 198~- May 10, 1982-- Letter to William Price, esq. confirming the request of the Board at the Sept 14 meeting. amended maps subm:itted to the Planning Baord ~lanning Baord meeting3 Mr. Irving Price, esq. met withthe Board to discuss the application. Mr. Price stated that he had verbal approval from Mr. Raymond Dean and Mr. Lawrence Tuthill. The Board requested tha the 17 acres left out on the southern portion be labeled. Mr. Roderick Van Tyle stated there were two areas, one inthe southand one on the north, for conventional drainage system. The Board was to make a field inspection of the poroperty prior to making a determination. May 26, 1982 Letter informing Mr. Irving Price, esq the concensus of the Planning Board during a field inspection of the property. The Board asked that the following changes be made: Phase I and Phase II be revised to Phase I being lots 13-32 inclusive, plus 30-32 with apark area. Road construction to be east-west road, 470 feet at the South end of section I and 1,150 feet north and south within sectionI. Section II consists of Lots 1-12 inclusive, plus 33-35 and drainage area. East-west roadway to be 800 fee on the south end of section II and 900 feet running north and south within section II. The 17 acres of farm land south of Section I should be labeled as Section III. June 17, 1982- June 28, 1982 - July 1, 1982- October 14, 1982- November 1, 1982- Six copies of proposed subdivision maps submitted to the Planning Board in accordance with the request of May 26, 1982. Planning Board declared Lead Agency with regard to the State Environmental Quality Review Act. Planning Board granted sketch approval of the subdivision. Letter to Irving Price, esq. informing of the Planning Board action of June 28, 1982. Twelve copies of the preliminary plan of the subdivision submitted to the Planning Board office. Planning Board received a copy of correspondence from Mr. Irving Price, esq asking the suffolk EAST. MARION WOODS ~ECTION I ~' HODOR STALLER November 1, 19~2 cont.- Department of Health Services for information regarding their application under Article t of the Suffolk Courity Sanitary Code. December 10, 1982- April 13, 1983- Planning Board requested twelve copies of road profiles application and fee. Six copies of drainage and six copies of road received by Planning Board along with proposed covenants ahd restrictions. profiles May 17, 1982- ho May 26, 1983- Short environmental assessment form, application, fee ~nd 6-additional copies of the road profile received by the Planning Board Planning Board requested 6 copies of the preliminary plan for referrals to Suffolk County Planning - Commission. It was noted that six copies were received on April 13, 1983 however these were distribut to the Planning Board and the additional copies would be needed for forwarding to Superintendent of Highways and Town Engineer. May 31, 1983- Planning Board made referrals to Suffolk County Plannin Commission, DEC, Department of Health Services, Town Engineer and Superintendent of Highways. July 1, 1983- Planning Board informed Irving Price, esq. that there had been no complaince with Article 6 of the Suffolk County Department of Health Services regarding uhik subdivision. Since the Town Board had legislated two-acre zcning, und the subdivision did not meet with the zoning requirements enaeted on May 20, 1983, it was recommended that an appointment be made to discuss revisions for compliance with the present zoning. July 5, 1983- Planning Board received a copy of a letter sent to Jeffery Ferber of Staller Associations, by Irving Price, esq. Mr. Price requested Mr. Ferber to look into the Article 6 proceedings and perhaps meet with Mr. Price to discuss the progress of this. August 22,~983- Planning Board rece~ve~ 1 mylar and 4 paper prints ~l/~-~_~ (~f"f-J~ ~ ~of the subdivision with the Suffolk County Department _~ .~.~of Health Services approval endorsed· September 22, 1983- Letter to Irving Price, esq acknowledging receipt receipt of the preliminary maps and informing him that slnce a public hearing on the preliminary map was not held, ~he subdivision would failunder 2-acre zoning. It was suggested that the Supervisor's office be contacted if the applicant wished to seek exemption from this. November 4,.1983- noo .Applicant filed a petition 11, with the Town Board, for relief under Local Law JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL Si& I ISI'I('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 16, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Diane: H~od Please supply me with a complete chronological file on the or-Staller feast Marion Woods, Section I) major subdivision, and the Simon minor sub- division file. Thank you. PUBLIC HEARING SOUTHOLD TOWN BOARD March 13, 1984 8:00 P.M. IN THE MATTER OF THE PETITION OF LOUIS HODOR AND MAX STALLER FOR RELIEF FROM THE BuLK REQUIREMENTS OF THE ZONING CODE. · P resent: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, .Ir. Justice Raymon(~ W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a hearing on the Relief Petition of Hodor and Staller. CounCilman Townsen(J will read the legal notice. COUNCILMAN TOWNSEND: "Notice is hereby given that a public hearing will be held by the [own Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on the 13th day ot March, 1984, at 8:00 P.M., in the matter of the petition of Louis Hodor and Max Staller for relief from the Bulk Requirements of the Zoning (;ode of the Town of Southold, pursuant to Section 10~-31A thereof, with reference to application for a major subdivision entitled, "East Marion Woods, Section I", on, certain property containing 25.100 acres on the west side of Rocky Point Road, East Marion, New York. Petition and subdivision map is on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, 5outhold, New York 11971. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: January 18, 1984. Juclith T. Terry, Southold Town Clerk.', We have an affidavit from The Suffolk Times signed by Susan Allan, and The Long Island Traveler-Watchman signed by Pat Wood, that it was published in those papers. We have an affidavit from Judith Terry that it was posted on the Town Clerk's Bulletin Boarcl. The only thing we have on the file in the way of recommendations is from the 5outhold Town Planning Board recommending the relief be denied, and the Suffolk County Planning Board stating that this is a matter for local determination. This is the second time we've had the hearing. The first time-- SUPEI~VISOR MURPHY: There was a mix-up the first time on the hearing, on notification. At this time I'd like to ask, I believe Mr. Irving Price, if he would like to represent his, clients and speak in their behalf? Page 2 - Hodor-Staller Relief Petition IRVING L. PRICE, J~., Attorney, Greenport: The application of this major subdivision was made before and first inspected by the Southold Town Planning Board on September 15, 1981. The sketch map was approved I~y the Town Plan- ning Board on June 28, 1982~ and filed with said Planning Board on December 10, 1982 when delivered by the surveyor. Six copies of the road profiles, ancl six copies of the drainage facilities were furnished to the Planning Board on April 12, 1983. Six additional copies of the road profiles were furnished to the Plan- ning Board on or about May 17th, 1983, and to the Superintendent of Highways on August 3, 1983, when first requested. Though applied for prior to May 20th, 1983, the approval of the Suffolk r~ounty Board of Health was not received until on or about August 22nd, 1983~ when one mylar copy and four prints with the Board's approval endorsed thereon, were delivered to the Planning Board. All fees have been paid as and when required, and the applicant has been put to great expense from reliance on the five zoning requirements. I estimate that the applicant has incurred ~2500 in legal fees, $150 in filing fees, and general disbursements of another $250u through tl~e surveys and applications and water samples as to the subdivision. The petitiOner, as stated above, actually received sketch plan approval on June 28th, 1982 and thereafter diligently anc~ in good faith prosecuted such application when and as the various maps for County Board of Health approval became available to them, and final approval of this subdivision was not granted by the Planning Board prior to May 20th, 1983 due to circumstances beyond the control of the petitioner. No other application for this relief, in addition to the facts set forth in the petition. I believe the following should be brought to the attention ot the Board: Our law office commenced representation of Mr. Staller on or about October 8th, 1980 in connection with this subdivision. ~/e advised Mr. Staller at that time, based upon the laws, rules and regulations then in effect, that it would be advisable to ascertain whether or not there was a potable source of water on the premises prior to actually proceeding with the application. It was advisable, both from an economic standpoint of the client, and also so as to not waste the Planning Board's time with a major subdivision application that could not in fact obtain final approval because of the physical characteristics beyond control of the applicant. This is done based upon the difficulties which this law office encountered in obtaining the final approval for the subdivision known as "Bayview Farm" in Orient. In that subdivision it took over one year after the preliminary approval had been obtained from the Planning Board, to oOtain approval from tl~e County of Suffolk Department of Health, for water. The tests were, in fact, in the Staller subdivision, performed and same showed a potable source of water as of July 10th, 1981. Shortly there- after the Planning Board was made aware of the client's application. On September 14th, 1981 Messrs. Latham and Mullen reported to the Planning Board, after an on-site inspection of the premises. It was also recommended that this subdivision be furnished Village of Greenport water. This entailed obtaining an easement across privately owned land to the west. This could not be obtained, so after some delay, the Village declined to furnish water and then the application was made to the suffolk County Board of Health to provide water from wells. In order to minimize the amount of revisions necessary to tl~e preliminary map to be submitted to the Planning Board, this office met with Highway Superintenclent Dean and Town Engineer Tuthill concerning the road layout, in March of 1987. After that conference, a pre-submission, conference was held with the Planning Board on May 10, 1982, one year before the change of zone. It should be noted that subsequent to our, commencing proceedings before the Southold Town Planning Board, the policy of the Southold Town Planning Board was changed on account of a letter from the Suffolk County Department of Health to Supervisor Pell, dated Page 3 .- Hodor-$talle elief Petition September 24th, 1982, which basically required compliance with Article 6 prior to consideration of a subdivision by local planning boards. Now we've got sketch plan approval, preliminary plan approval, but we got to go get the Board of Health approval as to Article 6, where prior to this time we got the Planning Board approval and then the County Board approval. Had this policy been in effect in October of 1980, compliance would have been ol~tained at a much earlier date. The Board will note that we did everything possible to assure that we would comply with the Suffolk County requirements by having the water test made prior to dealing with the Southold Town Planning Board. There have been considerable delays in this application on account of the inaction on the part of the Suffolk County Health Department. In addition to the efforts of the applicant's engineer, Roderick Van Tuyl, P.C., and additional surveyor had to be brought into this application. That is Young and Young in Riverhead. From the facts and actions set forth in the petition, the Board can ascertain that the applicant has spent considerable sums for engineering services, survey services and legal fees and it is our opinion that the applicant has diligently proceeded with this application and therefore, without the adoption of the change in bulk schedule of the Town of Southold, this subdivision should have been approved some time ago.. Again it should be noted that the delays prior to the adoption in the change of the bulk schedule were contributed to anc~ greatly influenced by a change in policy of this Board, the Town Board, as well as the Suffolk County Health Department, over which this applicant had no control. The law we've petitioned under tonight provides, in part, the petition shall be verified by the owner and shall show that the petitioner thereafter diligently, in good faith, prosecuted such application. The final approval of said subdivision map was not granted by the Planning Board prior to May 20th, 1983 due to circumstances beyond the control of the petitioner. I submit that the disapproval of the Planning Board, which Councilman Townsend read as part of the file, gives no reasons, and I believe it should be considered a nullity if it doesn't give a reason, because the main thrust of the petition under which these proceedings we are now engaged in is to show that the petitioner has diligently proceeded in good faith and prosecuted such application. We feel that the facts that we have presented show that we have and shows that a good amount of money has been expended in reliance on the prior zoning ordinances. We believe that the relief should be granted. Thank you. SUPERVISOR MURPHY: Thank you, sir. Is there anyone else here would like to speak on this? LILI ANN ESTRELLA-MOTTA, Stars Road, East Marion: What is bulk and park- ing? I was wondering what bulk requirements. SUPERVISOR MURPHY: This is relief from the two acre zoning that is presently in effect. They're asking to be able to continue with their plan under the one acre. JANE GARRELLE, East Marion: I have a short statement. Tonight I'm represent- ing a few other East Marion residents who didn't get here because of the weather or illness, and--okay if I read this? SUPERVISOR MURPHY: Certainly. kage 4 - Hodor-Staller Relief Petition ,, MS. GARRELLE: "1 speak for a number of East Marion residents that are either present tonight or were unable to make it because of the weather. Recent experiences at Planning Board meetings and Master Plan unveilings, leads us to an inescapable conclusion: that East Marion, in particular, has been sacrificed to the developers..a point, by the way, that will be re-iterrated in next week's papers. As Marie Smith, that's an East Marion resident, said last night, in front of the Planning Board: the only open space left in East Marion is the cemetery. Rather a telling comment about lack of imagination, foresight and concern for the people who live in East Marion as well as an example of uninformed, political expediency. . For instance: How is it that we do not know how each member of the Planning Board votes? Is that public knowledge because it should be. What determines..what magic formula,.decides who is listened to! Who gets the town ear! Please do not underestimate the hamlet of East Marion. We are finally getting the message and trying to get organized. In May of 1983, 5outhold Town enacted 2-acre zoning. The Town Board's priorities should be to the Town which is her people. It is East Marion that will' suffer hardship; The hardship of inadequate water and undrinkable water; a denser population, the swell of traffic, sewerage and recreation problems; the strained delivery of goocls and services, roads and road maint- enance, fire fighting and ambulance emergency situations, etc. And the accompanying tax increases. The development that has already been approved will forever change our way of life and the contents of our pocketbook, as it is now. Let us have the courage to say no fopr once to those who wish to take the 'money and run. This is a democracy. A farmer has the right to sell his land and someone the right to buy it. However, if you intend to develop that land you are taking a gamble and like any other investment, you may win or you may lose, although in real estate speculation you can never lose, unless it's the dream of tripling or quadrupling your initial investment immediately. In this · case tonight, whatever, could Staller and Hodor claim as hardship? Not selling 20 Or 25 l-acre lots instead of 12 2-acre lots? We have 2-acre zoning because we care how our fragile land is developed. Please, you are our elected leaders, ancl I respectfully submit that there be no exceptions made for Staller and Hodor. That 2-acre zoning has been mandated and must be uphold." ,Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to comment on this? MRS. RUTH OLIVA, President, North Fork Environmental Council: I commented before, but I would like to say that after attending all the Planning Board meetings for the past four years and going over my notes and recollections, I would agree with the Planning Board and ask that this application be denied. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to comment on this application? Mr. Price? MR, PRICE: I would just like to repeat that the only question that is before the Board tonight is whether or not the applicant diligently prosecuted this application, and I've heard no evidence to the contrary and I have given you the evidence that we feel is relevant and shows that we have diligently prosecuted this application and the delay has not been of our doing at all and the rules were changed in the middle of our procedure. SUPERVISOR MURPHY: Thank you, sir. Today we did ask the Planning Boarcl to prepare a list of all the dates and past history of this. It will be sent to the Town Board and then we will have a meeting and discuss it. Page 5 - Hodor-Stalle eljer tition COUNCILMAN SCHONDEBARE: May I speak, Frank? SUPERVISOR MUI~PHY: Yes, Jay. COUNCILMAN SCHONDEBARE: We realize the problem that you are speaking of, because what is before the Town Board is a simple statement from the Planning Board, in three sentences, that says we recommend that it be denied, and you have nothing upon which to look at to make a determination as to why the Plan- ning Board said to deny it, nor do we have anything to read that says why they recommend to deny it, and we're having a public hearing and the only one who gives evidence, concrete evidence, is yourself. And that's the problem that we have. So we're going to have to change it. From now on when we have public hearings we have all the information before us as to why the recommendation was denied by the Planning Board. That's the problem we have. $o we're going to get the information from the Planning Board to us. MR. PRICE: As an attorney I saw no reference in the Local Law to any recommenda- tions from the Planning Board as such. I suppose they have some sort of ex post facto power, but--- COUNCILMAN ~CHONDEBARE: And we get input from them, but they don't tell us why, and we had Henry Raynor in here-- SUPERVISOR MURPHY: We would like to see the record. COUNCILMAN SCHONDEBARE: And we have to figure these things out. MR. PRICE: Thank you. SUPERVISOR MURPHY: Thank you. If there is nothing further, we will close this hearing. Judith T. Terry Southold Town Clerk HENRY E. RAYNOR, Jr., Ch~'rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 December 6, 1983 Mrs. Judith T. Terry Southold Town Clerk $outhold Town Hall Southold, New York 11971 Re: East Marion Woods, Section I Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board, Monday, November 21, 1983. RESOLVED that the Southold Town Planning Board recom- mend to the Town Board that relief from the bulk requirements. of the Zoning Code under Local Law NO. 11 - 1983 be denied for the proposed subdivision known as East Marion Woods, Section I, at East Marion. Very truly yours, HENRY E. RAYNORt JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary JUDITH T. 'FERRY TOWN CLERK REGISTRAR OI VITALSI,\IISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 ~ November 4, 1983 NOV ~REC'D Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Sothold, New York 11971 Dear Henry: Transmitted herewith is petition of Irving L. Price, Jr., Attorney, on behalf of Louis Hodor and Max Staller requesting relief from the bulk requirements of the Zoning Code under Local Law No. 11 - 1983, re: East Marion Woods, Section I, East Marion, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and forward to me your official recommendations. Very truly yours, Judith T. Terry $outhold Town Clerk Attachments STATE OF NEW YORK) COUNTY OF SUFFOLK) TO~N OF SOUTHOLD ) Petition for Relief from : Bulk Requirements of : Zoning Code pursuant to : Section 100-31A thereof : PETITION FOR RELIEF TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: It is respectfully alleged: The names of the petitioners herein are: LOUIS HODOR and MAX STALLER, c/o Irving L. Price, Jr., Attorney at Law, 828 Front Street, Greenport, New York 11944; The name of the subdivision application for which the above relief is requested is: EAST MARION WOODS, SECTION I, East Marion, New York; The application was made before and first inspected by the Southold Town Planning Board on September 15, 1981; The "Sketch Map" was approved by the Town Planning Board on June 28, 1982 and filed with said Board on December 10, 1982 when delivered by the surveyor; Six copies of the road profiles and six copies of the drainage facilities were furnished to the Planning Board on April 12, 1983; Six additional copies of the road profiles were furnished to the Planning Board on or about May 17, 1983, and to the Superintendent of Highways on August 3, 1983, when first requested; Though applied for prior to May 20, 1983, the approval of the Suffolk County Board of Health was not received until on or about August 22, 1983, when one Mylar copy and four prints with the Board's approval endorsed thereon were delivered to the Planning Board; All fees have been paid as and when required, and applicant has been put to great expense in reliance on the prior zoning require- ments; That petitioner, as stated above, had actually received sketch plan approval on June 28, 1982, and thereafter diligently and in good faith prosecuted such application when and as the various maps and County Board of Health approval became available to him, and final approval of this subdivision map was not qranted by the Planning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner; That no other application for this relief has been made. Dated: Greenport, New York October 21, 1983 LOUIS HODOR and MAX STALLE~ Irving ~. P~ice, Jr. /' Attorney at Law and Agent -2- TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FOR~4 INSTRUCTIONS: (a) In Order to answer the.questions in this short EAF it is assumed that the preparer will use currently available £n£ormation concerning the project and the likely impacts of the action. [t is not expected that additlona! studies, research or other investigations will be undertaken. (b) ]f any question has been answered Yes the project may be signi£icant and a completed Environmental Assessment Form Ss necessary. (c) ]f all questions have been answered No it is likely that this project is not significant. (dj Ehvironmental Assessment .... :' ~. Will project result in.a large physical change .. to the project site or physically olt than 10 acres of land? .................... Yes 2. Will there be a major change to any unlque or unusual land form found on the site? ...... ;... Yes 3. Will project alter or have a large effect on ' existing body of water? ....................... Yes ~"No 4. %'/ill project hove o potentially large impact ' ' r ' ' . ........... ~4-N on g oundwoter quality? ........... Yes o 5. Will project slgnificontly effect drainage. ' flow on adjacent sites?... ...... ; ............... Yes ~/No ~. Will project affect any threatened or ' endangered plant or animal species? ........... Yes 7. %'/ill project result in o major adverse effect on air quality? Yes//'NO 8. %'/ill projecf hove o major effect on visual choracfer of the community or scenic views or visfas known %o be imporfanf to fhe community? Yes ~No ~. ~'/ill project adversely impact any site or structure of historic, prehistoric or poleoniologlcol importance or any site designated os o critical environmental area by o local agency? -"- - ........ ~ ..... ~- Yes 10. Will project hove o bojor effect on existing -" or fufure recreational opporfunifies? ......... Yes ~No 11. Will project result in major traffic problems ' or cause a major effect fo existing transportation sysfems?.'~ ............. - ........ Yes'No 12. Will projecf regularly cause objectionable ' od~rs, noise, glare, vibration, or elecirlcal disfurbonce as a result of the project's operation? ............................. . Y 13 /ill j h -- .~ .... es o blt h l{h · %' pro ecl ave any impact on pu c eo ' ' safety? Yes ~No ~ 14. Will projecf offec~ the existing communlfy by '" direcily causing o growfh in per~a6en% populOflon of more than 5 percent over o one year period__°r hove o major negative effect on fhe character of %he Community or neighborhood? ' - - ' ~No 15. Is there public coniroversy Conce~nlng the ' project? ............ Yes ~No REP ~ ' - / ' -~ RESENTING ~~ ~,'~~ ' DATE~4 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Ir. T ~/~': D SL~~~FY Southold, N.Y. 11971 September 22, 1983 TELEPHONE 765- 1958 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Price: We acknowledge receipt of the preliminary maps captioned above. Enclosed please find copy of Local Law No. 9. Please note 100-31 B(2) and 100-31 C(2). Because a public hearing on the preliminary map has not been held, it appears the development of this property would fall under the present two-acre zoning. If you wish to pro- ceed with the application as submitted, we would request that you contact the Supervisor's office with regard to a re- view committee that is being se~ up for those who wish to seek exemption from the two-acre zoning. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary IRVING L. PRIC% ATTORNEY AT LAW GREENPOHT, L. I., N. Y. 11944 August 22, 1983 Southold Town Planning Board Town Hall Southold, New York 11971 Re: East Marion Woods, Section I Gentlemen: I hand you herewith one Mylar copy and four prints of this subdivision with approval of the SUffolk County Board of Health endorsed thereon. The application for this subdivision was first inspected by the Planning Board on September 15, 1981. The sketch map was approved June 28, 1982. They were filed December 10, 1982. On April 12, 1983, six copies of drainage facilities, together with six copies of the road profiles were furnished your board. Six additional road profiles were furnished your board on May 17, 1983. An additional copy of the profiles was furnished Mr. Dean on August 3, 1983~ ILP/dg Very truly yours, Enc. CC: Staller Associates 1455 Veterans Highway Hauppauge, New York 11788 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 1, 1983 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: East Marion Woods, Section Dear Mr. Price: Please be advised that to date there has been no com- pliance with Article 6 of the Suffolk County Department of Health Services regarding your major subdivision proposal cap- tioned above. The Town Board has legislated two-acre zoning within the township. Because your proposal does not meet the present zoning requirements enacted on May 20, 1983, we would request that you contact our office for an appointment to dis- cuss revisions for compliance with the present zoning regulations. Very truly yours, sel Henry E. Raynor, Jr., Chairman Southold Town Planning Board Jeffrey S. ~ezber, Vica~=eaident Staller AeS0cAateS, HaUppauge,.N.y. 11 Re= DeathLy. Father= Southold Town. Pl~ application. person handling ,, me a progress report. X w~ll then suggest that Article 6 be present Awaiting I aS~ of July let. handling l~h~s part of to Consult with the 6 P=ooeed~ng for a Coa'fe~cence me :a~c that VeX~ truly 83 £ve Report No. 295 To: Mr. Raymond C. Dean, Superintendent Southold Town Highway Depaab,~nt Southold, New York 11971 John W. Davis Date: June 7, 1983 Re: EAST MARION WOODS, SECTION 1 MAP DATk~3 AMENDED APRIL 1~ 1983 JUN 10 REO'O C~nts: I have reviewed the above subdivision maps as follows: 1. The road layout as shown is acceptable. The road profiles have sc~e minor corrections. Using the P.I. elevations at Sta 9 + 00 and Sta ].5 + 00, the grade between would be + 0.83% instead of +0.50%. If the intent was to use +0.50% all the way frc~ Sta 6 + 00 ~) Sta 15 + 00, the P.I. at Sta 15 + 00 would be elevation 50.00, not 52.00. This would change the grade between Sta 15 + 00 and Sta 16 + 50 and also the vcc corrections. Either correction is sufficient. 3. The low point on Tina Way c~utes to Sta 1 + 21 instead of Sta 1 + 25. 4. The elevations shown on the profiles for existing surface are from field ~)rk (verified by C. VanTuyl). The l~oad section is shown as a 20 ft. width pavement, no curbs, 4 ft. shoulders and 12 ft. swales in a 50 ft. R.O.W. No type of pavement or surface trea~nent of the swales and shoulders is shown. I would recc~m~nd the 28 ft. pavement width using ~ Town blacktop pav~nent specifications with either mountable or standard concrete curbs. This would eliminate the swales, change the locations of the C.B.'s end add 2 additional manholes. The drainage design is based on a 6" rainfall which is the standard Town requirement. The tributory runoff areas of 566,300 S.F. to R.B. No. 1 ~%d 361,500 S.F. to R.B. No. 2 is 85% of the total sutxlivision area. The dimensions of the R.B.'s provide the volume for the 6" runoff. However, a field inspection of the subdivision indicates that Section One slopes frc~north to south all the way. This is evident from the o.s. elevations on profiles and the few contours shown. Rocky Point Road drains to the south all the way to the Main Road. The designer should submit his calculations showing where the runoff area (361,500 S.F.) to R.B. No. 2 is located. 8. Plans show the two entrance roads meeting the R.O.W. line on Rocky Point Road instead of the edge of the existing side of the road. Report No. 295 cont. The final plans should show details for or refer to Town specifications for chain link fence and gates, catch basins, manholes and headwalls. I would recommend a 12" u~ crossing at Staller Road and Rocky Point Road. John W. Davis -2- COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5207 LEE: E. KOPPELMAN Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold~ N.Y. 11971 June 1, 1983 JUN Preliminary Map - East Marion Woods, Sec. 1 W/s of Rocky Point Road, 1143.33' N/of Main Road, East Marion, N.Y. Dear Mr. Raynor: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned map is not within the jurisdiction of the Suffolk Co~ty Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Charles G. ~ind, Chief Planner Subdivision Review Section Note: Final map should be referred to the Commission to be sure that there has been no Jurisdihtional change in the interim. CGL:Jk File No. 1333-NJ-83-15 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNE~'T ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 May 31, 1983 TELEPHONE 765-1938 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the major subdivision of East Marion Woods, Section I, located at East Marion. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until June 15, 1983. We shall interpret lack of response to mean there is no objection by your agency in regard to the. State ENvironmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Enc. cc: Department of Health Services Long, Secretary HENRY E. RAYNOR, Jr., Cha/rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 May 31, 1983 TELEPHONE 765-1938 Mr. Raymond C. Dean Superintendent of Highways Peconic, New York 11958 Mr. Lawrence Tuthill 1215 Inlet Lane Greenport, New York 11944 Gentlemen: Would you please review the enclosed maps and advise our Board if you approve the lay-out of the proposed roads and drainage as indicated on the preliminary plans for the subdivision to be known as East Marion Woods, Section I, lo- cated at East Marion. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TQWN PLANNING BOARD E~ClS. By Susan E. Long, Secretary Southold, N.Y. 11971 HENRY E RAYNOR. Jr., Chairman ?~z~r,:C:: z ccr. r~c:; May 31, 1983 JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - Veterans Memorial Highway Hauppauge, New York 11787 12th Flr. Gentlemen TELEPHONE 765-1938 We are hereby submitting the preliminary Subdivision map of East Marion Woods, Section I located in East Marion to you for your comments. This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 1333, Article XIII of the Suffolk County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: 1000 031 1 1.5 Materials submitted: Preliminary Map (3 copies) X Drainage Plan (1 copy) X ; Proposed Grading Plan (1 copy) Other materials ; Topographic Map (L copy) X ; Street Profiles (1 copy) X ; X .; (specify and give number of copies) Comments: Very truly yours, Henry E. Raynor, Jr., Chairman HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 May 26, 1983 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: East Marion Woods, Section I Dear Mr. Price: Please supply our office with six (6) copies of the preliminary plan for the above proposal for our referrals to the Suffolk County Planning Commission. We are in re- ceipt of six copies on April 13, 1983 which wer~ distributed to each member of the Board. The additional copies requested will be forwarded to the Superintendent of Highways and the Town Engineer also. Please call our office if you have any questions. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary IRVING L. PlaCE, ATTORNEY AT LAW GREENPORT, L. I., N. Y. 11944 May 17, 1983 Planning Board Town of Southold Main Road Southold, New York 11971 Re: East Marion Woods, Section 1 Gentlemen: I enclose herewith completed application for Approval of Plat together with Short Environmental Assessment Form and check to your order in the amount of $175.00, being $50.00 flat fee and $5.00 for each acre of the 25-acre plat. I understand that the actual amount of the bond is fixed by your engineer and at that time, a Letter of Credit will be immediately furnished to the Town. I also enclose herewith six (6) additional copies of the road profiles for submission to the County of Suffolk in accordance with your instructions. Very truly yours, ILP/dg Enc. cc: Jeffrey S. Ferber, Vice-President Staller Associates, Inc. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn of Southold: The undersigned applicant hereby applies for ~ (final) approval of a sub,vision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foilows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the sul>fiivision is to be East Marion Woods, Section I 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ....... 7412 Page . 543 On . 6/6/73 Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; P O · Liber ........................ age ...................... n ......................... Liber ........................ Page ...................... On ........................ · as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is 25 acres. 6. All taxes which are liens on the land at the date hereof have been paid~ .......... 7. The land is encumbered by a first mortgage (s) as follows: (a) Mortgage recorded in Liber 5104 Page... 88 in original amount of $.1.4.1.,.??.4.%0.? .... unpaid amount $.8.1.,.2.6.?;.1.0. ..... held by .L.i..1.1.i.a.n...B.,..B..r.o..w~. ...... ............ address Main Road, East Marion, New York (Contains Release Clauses) (b) Mortgage recorded in L/bet ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded in Liber ............ Page .................... in original amoum of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no otber encumbrances or liens against the land ~ ........................ 9. The land lies in the folloxving zoni,ng use districts ...................................... "A" Residential/Agricultural 10. No part of the land lies under water whether tide water, stream, pond ~vater or otherwise, I1. The applicant shall at his expense install all required public improvements. 12. The landi (xhe~t) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by (Individual Wells) and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards ~vill be installed by ... LI~20 .................................... and (a) (no) charge will be made for installing said lines, 15. Gas mains xvill be installed by ...Nf.A... and (a) (no) charge ~vill be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County I-lighway system, annex Scbedule "B" hereto, to show same. 17. If streets sboxvn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings ox' structures on the land whi.ch are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets .on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In tbe course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. T~a~oliCant estimates that the cost of grading and required public improvements will be $.5.5.,..0.0.0... as itemized in Schedule "E" hereto annexed znd requests that the maturity of the Performance Bond be fixed at 50 ............ years. The Performance Bond will be ~vritten by a licensed~ surety company unless otherwise shown on Schedule '°F". Applicant will tender a letter of credit. DATE May 17, 83 LOUIS HODOR & MAX STALLER .......... ........... 828 Front Street, Greenport, New York 11944 ...................................... STATE OF NEW YORK, COUNTY OF SUFFOLK On the 17th May 83 .................. day of ......................... 19 ....... before me personally came Irving L. Price, Jr. ............................................ to me known to be the individual described in and who he executed the foregoing instrument, and acknowledg~at .... ~... executed the same. NOTARJ~y ? M. GANNON Y PUBI. iC, Sf~te o~ N Y Surf Co. Ho. 470]~94 Term [x~re$ M;irch STA'rE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of .......... , 19 ...... , before me personally came ................................................ to me known, who being by me duly sworn did de~ pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal afl[xed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public .~??ENDil 9. N.%~--~ OF ?KOJ~CT EAST MARION WOODS -~ ,~ ~,~-~ ~ ~ SECTION I .............. , . ~._.n,.~. May 17, 1983 ~UIS HO~R & ~ STEER 4.12 5.44 ~?ATT OF flEW YORK, COUNTY OE NASSAU ss, STATE OF NEW yORK, CO OF On the 24thday of May 19 73 , before me personally c~me FREDERICK GOLDMAN and STANLEY GOLDMAN to me known to be the indivldnal$ described in and who executed the foregoing instrument, and acknowledged that t:hey executed the same. FREDERICK sTF.,RNREICH NOT~BY PUBLIC, State o! New York No. alitied ha ~la~au ~otn~mu~ion Expires Mc~ch STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that. it was so affixed by-order of the board o! directors of said corpora- tion, and ttmt he signed h n~me thereto by h'ke order. On the thy of per~nally clme 19 , before m to me known to be the individual described in and wh, executed the foregoing instrument, and ~cknowledged tha executed the same~ STATE O~ HEW YORK, COUNTY OF On the day of 19 , before m. personally came the subscribing witness to the foregoing instrument, with whom I am personally acqhalnted, who, being by me duly sworn, did depose ired say that he resides at No. that he knows ; to be the individual . described in and who ~cuted the foregoing instrument; that he, said subscribing witness, was present and saw e~ecute the same; ~nd that he, said witness, at the same time subscribed h name as witness thereto. STA~ GOLDMAN a~d :-- FRED OO~",-,).':..-: ' -' · -TO. '" ' ) .... ~ ~ LOUIS RODOR "" .:.:-,-~ , g EC UR~Y TITLE ~D GUA~A~Y COMPANY ,.¢. ,/'7 '-"' FReD GOLDMAN and STANLEY GOLDMAN, 1290 Avenue of the Americas New York, New York (FRED GOLDMAN also known as FREDERICK GOLDMAN) party of the first p~rt. an.d LOUIS HODOR 145 Arayon Avenue Coral Gables, Florida party of th~ ~ ~ that the party of the first pa., in consideration of Ten Dollars and other valuable consideration P~;d bF the ~' of *h' ' ~?~' ' pa", d°~'" '~em~Y g 'rant an'd re~easo unt° the party °f the second pan' the helrs 1 .A~ th~...c?~. L~ piece or pared o! hnd, ~dth ~ bug4~n.'s ~d ~ov~enu me~ ~ed, situate, ~~ a~ ~t ~on, T~n of Soul,old. Suffolk ~oun~y, ~w Yo~ b~ndod and described as folios. ~GI~G a~ t~ inter- section of t~ nor~rly line of t~ ~in R~d with the ~sterly 1~ of Rocky Point R~d; FR~ sa~d po~n~ of ~nn~ns ~nn~nS alone S~tb 52 55 30 West 206.08 feet, thence (2) South 5~ 13.' 50 West 182.99 feet; ~N~ aloa~ ~d of Wayland C. Br~ 2 courses as,~fol~s: (1) No~ 130 05' 50" West 174.16 feet~ thence (2) ' .~ 76° 54' 10" West 2~.03 feet to ~nd of .BZrten; ~NCE alon~ said ~nd of Bitten 2 c~rses as foll~s: (l) North 13° 05' 50" Wes~ 4078.64 feet; t~ (2) North 13u 23' 50" West ~3.50 feet tO_~d of ~ose~r~ ~N~E. alo~ said land of Rosen~r~ North 75" 38' 40" ~s= 867.40 feet to said ~sterly line of Rocky Point ~oad; ~N~E alom~ the sa~d westerly line, 4 courses as foll~s: (~) S~tb 8° 59' 50" East 1153.21 feet~ thence (2) South 8° 30' ~0" ~st 1804.39 feet; t~ce (3) South 9O 43' 10" East 1082.86 feet~ t~nce (4) SoUth 12° 52' 30" ~st 247.16 feet to the point o~ bez~nnfng;~o 8~c~rly descr~t~e~ w~th_a_c~r~a~q.~g~t of way 30'. iq width more mueu mn oeeo Qa=eo A/lO/O/ recorded 1/30/67 in Llber ~ B~lng-~ubject to the lien of a mortgage ~ld by Wayland C. Brown Zn the am~Qt of O~e Hundred Forty One Thousand Ft~ Hu~red Thirty F~r: & 00/100 ($141,534.00) ~L~ The grantors herein being the same persons as the grantees in the deed dated 1/26/67 recorded 1/30/67 in Liher 6108 CP 255. TOGETHER with nil right, titl~ and interest, if any, of the party of the first part in and to any stre~s and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate, and rights of {he party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. ,-- REAL ESTATE ~.,~: STATE OF * AND the party of the first:part covenants that the party of the firs{ part has not done or suffered anything wherei)y the said Sn'mnises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund fo be at;plied first for Che purpose of paying the cost of the improve~hent and wi)l apply the same first to the payment of the cost of the improvement before using any part of the total 6f the same for any other purpose. The word "party" shall be construed as if it read "part'es ' whenever the sense oF this indenture so requires. IN %;%'i-I-NF-q-~i WHEREOF, the party of the first part has duly executed this deed the day and )'ear first above written. / ROBERT W. TASKER Town Attorney OFFICE )RNEY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 477-1400 May 9, 1983 Mr. Henry E. Raynor, Jr. Chairman, Southold Town Planning Board Main Road Southold, New York 11971 Dear Henry: In your letter of May 4, 1983, you asked for my opinion as to what constitutes a reasonable length of time after a sketch plan approval for the applicant to apply for preliminary plot approval. As you know, with respect to minor subdivisions, Section A106-22 of the subdivision regulations require that the application for the approval of the final plat shall be made within six months after the approval of the sketch plan by the Planning Board. However, with respect to major subdivisions, the subdivision regulations prescribe no time period. It would seem to me that, since the regulations with respect to a minor subdivision provide for a six months period, that with respect to a major subdivision the time period should be at least six months and probably more since more time and effort would normally be required to prepare a preliminary map for a major subdivision then would be required for a minor subdivision. I believe that the Planning Board has more knowledge of the work required to prepare a preliminary map than I do and I believe that they are in a better position to determine what would be a reasonable period of time. Once this has been determined, it would seem to me that either the sub.division req~!at!ons sho.~ be amended to insert this time period,~'h~ /-'~PT~nning BOard, ~tJ~en aDDrovi~~or a~~ should prescribe a time within which th~ applicant must file a preliminary map and an ~ ~pplication tor itsapp~ -- -- ~ ~- -- ~-' .'~-" _ ~,J - ...................... Yours very truly, RO~T~W,~ ASK ER RWT :aa HENRY E. R~tYNOR, Jr., Cha~Yrnan JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH[E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 May 4, 1983 TELEPHONE 765-1938 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Dear Mr. Tasker: Question has arisen as to what constitutes a reasonable length of time when a proposal has been given sketch approval and the applicant proceeding to the preliminary stage. We would appreciate any information you can supply. Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board sel IRVING L. PRI(3F.~ JR. APR 13 REC'D April 12, 1983 Planning Board Town of Southold Main Road Southold, New York 11971 Re: East Marion Woods~ Section 1 Gentlemen: I enclose herewith six (6) copies of drainage facilities together with six (6) copies of road profiles. Also enclosed herewith is copy of proposed covenants and restrictions to be filed by the subdivider. The covenants and restrictions, if approved, will actually be executed by the managing partner before recording. We would appreciate this being processed at your earliest possible date. Very truly yours, ILP:kk Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT EAST MARION WOODS, SECTION 1 This declaration made this day of STALLER ASSOCIATES, 1455 Veterans Highway, Hauppauge, New York, , 1983, by Suffolk County, WI TNE S S E TH : WHEREAS, STALLER ASSOCIATES is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, SECTION 1, a subdivision situate at East Marion, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number on the day of , 1983, and WHEREAS, said STALLER ASSOCIATES is improving said premises as a planned suburban residential community and contemplates the said premises to be conveyed to individual purchasers; and WHEREAS, STALLER ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all pur- chasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest. NOW, THEREFORE, STALLER ASSOCIATES declares that the afore- said land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until · 19 , after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e., Paragraph ll(b), shall continue in perpetuity. 1. Construction Requirements. (a) Type of Buildin~ No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided they are situate in the rear yard only and provided further that no por- tion of any such pool or its appurtenances shall be closer to the rear or side lot lines than twenty (20) feet or what the Southold Town Zoning Ordinance at the date of the erection of such of swimming pool provides. (d) ~welling Square Footage Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1200 square feet. If the living area is on more than one floor, the total living area shall not be less than 1600 square feet. (e) Approval of Construction Plans Ail plans for the construction of any build- ing and/or structure and the siting and facing upon the plot must be presented to and approved in writing by STALLER ASSOCIATES, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of STALLER ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the EAST MARION WOODS, SECTION 1 community. All exterior construction, painting and grading shall be completed within one (1) year after commence- ment of construction. (f) Building Modifications Ail permitted accessory buildings and addi- tions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots. No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Residential Use of Lots. e Se No lot shall be used except for residential purposes. ~i~ns. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of STALLER ASSOCIATES, its successors or assigns. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commer- cial purpose. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. ~railers~ Tents ~n~ Shacks. No trailer, except a boat trailer as hereinafter pro- vided, or tent, shall be located, erected or used -3- permanently on any lot. No trailer, except the boat tra~ler as hereinafter provided, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No boat or boat trailer shall be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. ~nnoying Activities. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, %his shall include any commercial use. 8. Trash. Garbage or rubbish shall not be dumped or allowed remain on any lot. Trash or rubbish shall not be burned upon the premises. 9. .Clotheslines. to Clotheslines and laundry poles must be located in the rear yard and so placed so as not to be visible from the street. 10, Fences. 11. Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennis court which shall not exceed twelve (12) feet in height. Road and Park Facilities. (a) Construction of Road STALLER ASSOCIATES hereinafter referred to as the subdivider, shall install road improvements pur- suant to specifications approved by the Town of Southold, No title to land in any such road -4- opened or laid out by the subdivider is in- tended to be conveyed to purchasers of any lots, and the subdivider reserves to himself a fee Over all land lying in the path of any and all such roads. (b) Surface Water Drainage System The subdivider has constructed or intends to construct a road in the subdivision in such a manner that the area of each lot abutting the road to a depth of five (5) feet there- from has been or will be constructed, sloped, paved, graded and seeded as to provide a sur- face water recharge system for the purpose of drainage of surface water within such sub- division. In order to insure that such drain- age system shall function properly, the follow- ing covenants and restrictions are hereby imposed upon the area of each lot abutting the lot within the subdivision to a distance of five (5) feet therefrom (herein referred to as the drainage area). (1) The owner of each lot shall maintain drain- age area thereon free from leaves, debris and Other matter which may impede the flow and/or percolation of surface water over or into such drainage area. (2) No trees, shrubs, planting or other vege- tation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or its successors or assigns, and the Planning Board of the Town of Southold. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom with- out the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns shall have the right to enter upon -5- the drainage area and to construct, repair and re~ove such drainage pipes, culverts, catch basins, sumps, and other facilities and to per- form such excavation, filling, grading and seed- ing operations as may be deemed necessary for surface water drainage purposes. (6)-In the event that the roads in the sub- division shall hereafter be dedicated to the Town of Southold, then and in that event, the Town of Southold shall have all the rights set forth in the preceding paragraph with respect to the drainage area. (c) Utilit~ Easement An easement along the road of said map of any other area necessary is hereby specifically reserved for the erection and alntenance of poles and wire and m ' conduits and of all proper and necessary attach- ments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be over areas designated by municipal or public utilities authorities. 12. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 13. Enforcement shall be by proceedings at law or in equity brought by STALLER ASSOCIATES, its successors and assigns, or by the owner of any lot against any person or persons vi~lating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 14. Failure by STroLLER ASSOCIATES, its successors and assigns, or of any owner to enforce all of the pro- visions herein shall in no event be deemed a waiver of the right to do so thereafter. 15. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS, SECTION 1 and are not extended to any other property now or to be Owned by STALLER ASSOCIATES. 16. STALLER ASSOCIATES hereby reserves the right to alter, modify, terminate or annul any of these covenants in -6- whole or in part without the consent of any person, with the exception of the restrictions and covenants pertaining to the surface water drainage system, i.e., Paragraph ll(b) which shall continue in perpetuity. STALLER ASSOCIATES By STATE OF NEW YORK) COUNTY OF SUFFOLK)' ss.: On this day of , 1983, before me personally cam~ , to me known, who being by me duly sworn, did depose and say that he resides at that he is the of STALLER ASSOCIATES, the corporation described in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instru- ment is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public IRVING L. PRICE, .JR APR 13 RFC'D April 12, 1983 Planning Board Town of Southold Main Road Southold, New York 11971 Re: East Marion Woods, Section 1 Gentlemen: I enclose herewith six (6) copies of drainage facilities together with six (6) copies of road profiles. Also enclosed herewith is copy of proposed covenants and restrictions to be filed by the subdivider. The covenants and restrictions, if approved, will actually be executed by the managing partner before recording. We would appreciate this being processed at your earliest possible date. Very truly yours, ILP:kk Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT EAST MARION WOODS, SECTION 1 This declaration made this day of STALLER ASSOCIATES, 1455 Veterans Highway, Hauppauge, New York, , 1983, by Suffolk County, WI TNE S S E TH : WHEREAS, STALLER ASSOCIATES is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, SECTION 1, a subdivision situate at East Marion, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number on the day of , 1983, and WHEREAS, said STALLER ASSOCIATES is improving said premises as a planned suburban residential community and contemplates the said premises to be conveyed to individual purchasers; and WHEREAS, STALLER ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all pur- chasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest. NOW, THEREFORE, STALLER ASSOCIATES declares that the afore- said land is held and shall be conveyed subj. ect to the following covenants and restrictions which shall run with the land until , 19 , after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e., Paragraph il(b), shall continue in perpetuity. 1. Construction Requirements. (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. (b) Acces'sOry Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) S~imming Pool Private swimming pools may be constructed on any lot provided they are situate in the rear yard only and provided further that no por- tion of any such pool or its appurtenances shall be closer to the rear or side lot lines than twenty (20) feet or what the Southold Town Zoning Ordinance at the date of the erection of such of swimming pool provides. (d) ~wellingSquare Footage Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1200 square feet. If the living area is on more than one floor, the total living area shall not be less than 1600 square feet. (e) Approval ofI Construction Plans All plans for the construction of any build- ing and/or structure and the siting and facing upon the plot must be presented to and approved in writing by STALLER ASSOCIATES, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of STALLER ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the EAST MARION WOODS, SECTION 1 community. All exterior -2- construction, painting and grading shall be completed within one (1) year after commence- ment of construction. (f) Building Modifications Ail permitted accessory buildings and addi- tions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots. No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Residential Use of Lots. Se No lot shall be used except for residential purposes. Signs. NO sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of STALLER ASSOCIATES, its successors or assigns. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commer- cial purpose. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers~ Tents and 'Shacks. No trailer, except a boat trailer as hereinafter pro- vided, or tent, shall be located, erected or used -3- permanently on any lot. No trailer, except the boat tra~ler as hereinafter provided, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No boat or boat trailer shall be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 7. ~nnoying A~tivities. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, this shall include any commercial use. 8. Trash. Garbage or rubbish shall not be dumped or allowed remain on any lot. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines. to Clotheslines and laundry poles must be located in the rear yard and so placed so as not to be visible from the street. 10. Fences. Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennis court which shall not exceed twelve (12) feet in height. 11. Road and Park Facilities. (a) Construction of Road STALLER ASSOCIATES hereinafter referred to as the subdivider, shall install road improvements pur- suant to specifications approved by the Town of Southold, NO title to land in any such road opened or laid out by the subdivider is in- tended to be conveyed to purchasers of any lots, and the subdivider reserves to himself a fee over all land lying in the path of any and all such roads. (b) Surface Water Drainage System The subdivider has constructed or intends to construct a road in the subdivision in such a manner that the area of each lot abutting the road to a depth of five (5) feet there- from has been or will be constructed, sloped, paved, graded and seeded as to provide a sur- face water recharge system for the purpose of drainage of surface water within such sub- division. In order to insure that such drain- age system shall function properly, the follow- ing covenants and restrictions are hereby imposed upon the area of each lot abutting the lot within the subdivision to a distance of five (5) feet therefrom (herein referred to as the drainage area). (1) The owner of each lot shall maintain drain- age area thereon free from leaves, debris and Other matter which may impede the flow and/or percolation of surface water over or into such drainage area. (2) No trees, shrubs, planting or other vege- tation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or its successors or assigns, and the Planning Board of the Town of Southold. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom with- out the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns shall have the right to enter upon -5- 12. 13. 14. 15. 16. the drainage area and to construct, repair and remove such drainage pipes, culverts, catch basins, sumps, and other facilities and to per- form such excavation, filling, grading and seed- ing operations as may be deemed necessary for surface water drainage purposes. (6) In the event that the roads in the sub- division shall hereafter be dedicated to the Town of Southold, then and in that event, the Town of Southold shall have all the rights set forth in the preceding paragraph with respect to the drainage area. (c) U~ilit~ Easement An easement along the road of said map of any other area necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary attach- ments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be over areas designated by municipal or public utilities authorities. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Enforcement shall be by proceedings at law or in equity brought by STALLER ASSOCIATES, its successors and assigns, or by the owner of any lot against any person or persons vi(~ating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. Failure by STALLER ASSOCIATES, its successors and assigns, or of any owner to enforce all of the pro- visions herein shall in no event be deemed a waiver of the right to do so thereafter. Ail of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS, SECTION 1 and are not extended to any other property now or to be owned by STALLER ASSOCIATES. STALLER ASSOCIATES hereby reserves the right to alter, modify, terminate or annul any of these covenants in -6- whole or in part without the consent of any person, with the exception of the restrictions and covenants pertaining to the surface water drainage system, i.e., Paragraph ll(b) which shall continue in perpetuity. STALLER ASSOCIATES By STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On this day of , 1983, before me personally , to me known, who being by me duly sworn, did depose and say that he resides at that he is the of STALLER ASSOCIATES, the corporation described in, and which executed the above instrument; that he knows tke seal of said corporation; that the seal affixed to said instru- ment is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public -7- D HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH[E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 December 10, 1982 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: East Marion Woods, Section I Dear Mr. Price: The maps of the above captioned subdivision have been reviewed by our Board. We would like to request that you submit 12 copies of the road profiles for necessary referrals by this office. Please complete the enclosed application, assessment form and return to our office with for this proposal. environmental the filing fee Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Eric. IRVING L. PRICE,.JR. ~ovember 1, 1982 Suffolk County Del;~.rtaleaxt of Health ~ervices County C~ter ~rhead, N.~. 11901 Subdivision at ~&st ~arion to be known us Gentlemen: To comply with so~oalled Art/cie.6 of the Suffolk County Sanitary Codein aco0~da~Oo with your letter of Septeober 24th to -o: ~e_S~laor o~ ~e ~n of ~ld, it is n~ ~ wa~er ~8t ~ata ~ ~s a~ready be~ o~tted~o yo~de~n~. V~ Tuylin~O~s ~ ~at he h~ ~lo from ~u but has had hO.replies. aRprecAate your £O~ward~ng ~hie lnfor~ation, iaemdl&tely to Boderick Van Tuyl, Tltank~ng you for your cooperation ~n this matter, Very truly yours, XL~/dg Sour/told Town Planning Board Rod~ri~f~ Van Tuyl, P.C. St&ller :Associates, Xne. IRVING L. PRICE, JR. October 13,'1982 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Hodor/Staller, Section I Major Subd;ivi~sion Gentlemen: I hand deliver twelve (12) copies of the preliminary plan of major subdivision to be known as East Marion Woods, Section I dated September 23, 1982, by Roderick Van Tuyl, P.C. I would appreciate you consideration of this at the next meeting of the Planning Board. Thanking you in advance for your courtesy, I remain Very truly yours, ILP:kk Enclosures cc : Mr. Irwin Staller pg. (5) 6/28/82 On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve the sketch ~ap of the major subdivision entitled Hodor/Stallert Section Ir located at East Marion, dated March 9,'1982 and amended June 15, 1982. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board .grant a three month extention on the approval of the minor subdivision of Hilary Pridgen with an expiration date of September 28, 1982 for the filing of the covenants and restrictions with the County Clerk's Office. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski The following was introduced by Mr. Latham, seconded by Mr. Orlowski, and carried: Pursuant to Aritcle 8 of the Environmental ~onservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chaoter 44 of the Code of the Town of Sou~hold, notic hereby given t~at Southold Town Planning Board as lead agency fo~ the action ~ is descirbed below has determined that the project will not have a significant effect on the environment. D~SCP!PT!©~ OF ACTION The minor subdivision of Winifred R. ~aorism is a two-lot subdivision located at Orient. The project has been determined not to have a significant effect on the environment for the followinq reasons: An environmental assessment has been submitted which' indicated that no significant adverse effects to the environment were likely ~to occur should the project be implemented as planned. ' IRVING L. PRICE, JR. June 17, 1982 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Proposed Subdivision - Rocky Point Road, East Marion Gentlemen: I enclose herewith six (6) copies of proposed subdivision in accordance with your letter of May 26th and the meeting of the Planning Board on May 10th. I would appreciate anything you could do to expedite the approval of this subdivision. If there is anything further I may assist in, please do not hesitate to contact me. Very truly yours, ILP/dg Enc. HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 May 26, 1982 TELEPHONE 765- 1938 Mr. Irving Price Attorney at Law 828 Front Street Greenport, New York 11944 Re: Hodor[Staller Dear Mr. Price: It was the concensus of the Planning Board during a field review of the above captioned property that Phase I and Phase II be revised to Phase I being lots 13-32 inclusive, plus 30-32 with a park area. Road construction to be east-west road, 470 feet at the South end of section I and 1,150 feet north and south within section I. Section II consists of lots 1-12 inclusive, plus 33-35 and drainage area. East-west roadway to be 800 feet on the south end of Section II and 900 feet running north and south within Section II. The 17 acres of farmland south of Section I should be labeled as Section III. If you have any questions concerning the above, please feel free to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary ,'o7 PG. (7) 5/10/82 ,this proposed major development in East Marion. Mr. Price stated that ,he had verbal approval from Raymond Dean and Lawrence Tuthill. The~ .board requested that the 17 acres left out on the southern portion be labeled. ~Ir. Roderick Van Tyle stated there were two areas, one in the south and one on the north, for conventional drainage system. The board field inspect this property prior to making a determination. / -- , . , , , . . . ~ / Cove Beach Associates - The board reserved making a determination on this proposal as the attorney did not submit information to the board in ample time for the board to review it. Angel Shore Estates - The board reserved making a determination on this proposal as the attorney did not submit information to the board in ample time for the board to review it. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board request money in lieu of the Park and Playground area on the subdivision know as Greenbrier Acres, located at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board contact the Mattituck Fire Commissioners for their determination on the necessity of a fire- well within the subdivision known as Greenbrier Acres, located at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall P $ ~ HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 September 15, 1981 Mr. William Price 828 Frcnt Street Greenport, New York 11944 Re: Staller Dear Mr. Price: At a regular meeting of the Southold Town Flanning Board, Monday September 14, 7:30 p.m., Mr Mullen and Mr. Latham gave a report to the Board on their findings at the sight of the proposed sub- division entitled Staller. It was the concensus of the B~ard that covenants be drawn stipu- lating that no further subdivisions are to he done on any of the parcels in the future. The Board would also like to request that you design another set of maps, as they view the present set unfavorably. Yours very truly, HEN~iY 5:. RAYNOR, JR. , CHAIRMAN SOUTEOLD ?OWN PLANNING BOARD By Susan E. Long, Secre~ (14) 9/14/81 Edwards-Reiche Bros. - Committee' gave a field inspection report. The Board agreed that Mr. Price, Esq. must go to the ZBA for approval. A letter is to be sent to Mr. Price requesting additional maps of the area. On motion made by Mr. Mullen, seconded by-Mr. Latham, it was RESOLVED that the planning board approve the conditions set forth - by the ZBA of Donald C. DeLalla. Vote of the Board: Ayes: Rayngr, Latham, Mullen, Orlowski Staller site plan - Committee report on the field inspection noted that lots 13 - 18 are long and deep. It was the board's agreement that covenants be written stipulating no further subdivisions on any of the parcels in the future. A name is to be given to this proposed subdivision. New maps need to be drawn, as the board did not view the sketch map favorablyl Being no further business coming before this board, Mr. Orlowski made a motion, seconded by Mr. Latham, and carried, to adjourn. Meeting adjourned at 9:55 p.m. Respectfully submitted, Susan E. Long, Secretary Henry, E. Raynor, Jr., Chairman ~EP 12 1996