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HomeMy WebLinkAbout1000-31.-3-11.25 EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, NEW YORK 1197~ (63t) 765-1555 FACSiMiLE: (631) 765-5969 E-MAIL: ejb@elilaw, net APR - 9 a:)O8 $outhold Towa Planning Beard Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 April 9, 2003 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Chairman Orlowski and Members of the Board: To supplement the application for the set off of a single building lot from the lands of the East Marion Fire District, it has been suggested that it would be helpful to the Board ifI would explain the proposed steps in the development of this lot and the responsibilities of the several parties involved as they are envisioned by the Fire District. It is contemplated that shortly the Fire District will enter into a contract for the sale of the proposed set off lot and the existing single family residence. This contract will be contingent upon the District obtaining the necessary municipal approvals for creation of the set off lot, and the approval of the voters in the District at a mandatory referendum to declare the house and lot surplus property and to authorize the sale of same. Under the terms of the proposed contract of sale, it will be the responsibility of the purchaser to secure the necessary permits (including Health Department, Building Department and Department of Transportation) to allow the relocation of the residence onto the newly created lot. Once those permits are obtained, it will be the responsibility of the purchaser to move the house and to restore the ground at the present location to grade. Since the identity of the purchaser and his personal preferences are not known at this time, the District has only outlined a permissible building envelope on the proposed set off lot so as to allow the purchaser maximum flexibility in siting the house. Similarly, although a curb cut is Southold Town Planning Board Page 2 of 2 April 9, 2003 shown on the proposed site plan, the actual location of the cut will be decided by the plans of the purchaser, subject to State approval. Being constrained in its activities by the Wicks Law, requirements for public bidding, and a lack of expertise in the area of construction management, the Fire District has adopted this plan of action in an attempt to expedite the project and to limit the developmental costs to the District while at the same time allowing any prospective purchaser ample flexibility- in preparing a plot plan to suit his needs so as to make the concept of purchasing a house that needs to be relocated an attractive proposition to that purchaser. Since the existing house is presently served by public water, gas and electricity, there should be few difficulties involved in having these services moved to the new location. Likewise, since the Health Department will only be called upon to approve the sanitary system for a single family residence located on a 30,000 square foot lot served by public water, approval from that agency should be swift. If there are any questions or suggestions regarding this proposal, please do not hesitate to contact me. EJB/bv Very truly ypurs, Edward John Boyd V "5182 CTF. NO,:w CERTIFICATE OF ABANDONMENT FILED FEB 2003 EDWARD P. ROMAINE CLERK OF ~ ~ PURSUANT TO SUBDIVISION 3 OF SECTION 335 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK EAST MARION FIRE DISTRICT, a municipal corporation, having its principal office and place of business at 9245 Main Road, East Marion, New York, 11939, for the purpose of abandoning and canceling the subdivision of a certain tract of land owned by it and hereafter described, pursuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York, does hereby certify: 1. That a certain map subdividing such tract of land and other land situate in the l'own of Southold, County of Suffolk and State of New York, into lots, plots, blocks and streets, entitled "Map of }tighpoint at East Mariou, Section 3, at East Marion, Tov~u of Soutbold, Suffolk County, New York," filed in the Office of the Clerk of the County of Suffblk on July 15, 1991 as Map No. 9119. 2. That more than eleven years have elapsed since the filing of said map 3. That the tract of land owned by the undersigned is situate in the Town of Southold and consists of an area not less than one half acre consisting of the lots described as ibllows: All that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 50, 51 and 52 inclusive, on a certain map entitled, "Map of llighpoint at East Marion, Section 3, at East Marion, Town of Southold. Suffblk County, New York," filed in the Office of the Clerk of the County 1 q 818 #ABS... No". Suffolk on July 15, 1991 as Map No. 9119. 4 That the Lots above mentioned are unimproved for the use of an) ownin~ occupant or an)' other persons having an interest in an), part of the said subdivision of lands as shown on the aforesaid map. 5. That the said Lots are hereby abandoned and canceled and effective ,Mth due approval and recording tht:~reof, said Lots shall no longer exist. 6. Endorsed hereon will be the approval of the Board of Assessors el'the Town o£ Southold. 7 Submitled herewith is an Abstract of Title to said Lots to be abandoned covering a period of at least twenty years last past and a certificate of a licensed Title Company to the eflbct tha~ there are no unpaid taxes of tax liens against said lands. In witness whereof, this Certificate is mad and executed this da> of'January. ~()0~ EAST MARION FIRE DISTRICT State of New York, County of Suffolk).: On the'h\ Sl~ day of January, in the year 2003, before rne, the undersigned, personally appeared ~o,o~,-~ % ~-*~,-.,~.~'-,¢ \ , personally known to me or proved to me on the basis of satisfactory evidence to be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thai he/she'they executed the sanle m his/her/their capacity, and that by his/her their signature(s) on the instrument, the individual(s), o~ the person upon/L~alf of which the individual(s) acted, executed the instrument. I, the undersigned~ an Assessor of the Town of Southold, Suffolk CounL~, New ~ ~'k. do approve and consent to the foregoing Certificate of Abandonment Dated: January?¢r, 2003 TOWN OF SO~clOLD BOARD OF ASSESSORS I / State of New York, County of Suffo k).: / / On the'/.\ th day of January, in the year 2003, before me, the undersigned, personally appeared Robert 1 Scott, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me ha he/she/they executed same in his/her/their c.a,.pacity, and that by his/her their signature(s) on the instrument, tire indMdual(s), or thc person ~p0n behalf ofwkdc¥('~he individual(s) acted, executed the instrument ~'/N otary~ Ft;~Jic7 ~t~t~ ;f N-e~ -Y; r k EDWARD JOHN BOYD 51'h Notary Public F, ata oi Hc.~ York 02B00~;'b0zo S~llblk County Commission E::~ires Ap;il 30, 2003 14 8 ! 8 #ABS.L"N~ TITLE NO. 47174.SS CERTIFICATE OF ABANDONMENT FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, hereby certifies to the Town of Southold and/or County of Suffolk that it has searched the title to the premises herein described from a date 20 years prior to the date hereof and finds that title to said premises herein described is vested in: East Marion Fire District Subject to such mortgage, taxes, tax sales and assessments as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interest as herein set forth and in no event is the liability of the Company to exceed the sum of One Thousand Dollars ($1,000.00). DATED: February 26, 2003 5 182 CTF. N0. FILED FEB 2 6 2003 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK ×SANDRA J. GC~LESKI ASST. VICE PRESIDENT FILED FEB 2 b 2003 OLEFtK OF SUFFOLK COONTY TITLE NO. 47174.SS DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 50, 51 and 52 inclusive on a certain map entitled, "Map of Highpoint at East Marion, Section 3, at East Marion, Town of Southold, Suffolk County, New York", filed in the Office of the Clerk of the County of Suffolk on July 15, 1991 as Map Number 9119. TITLE NO. 47174.SS CHAIN OF TITLE Julia Conway and Joseph J. Dzenkowski As Co-Executors of the Last Will and Testament of Andrew J. Dzenkowski A/K/A Andrew Dyenkowski, deceased To Herbert R. Mandel Deed Liber 9122 cp 465 Dated: 12/28/81 Rec'd: 12/31/81 Herbert R. Mandel, died a resident of Suffolk County on 1/14/97 Eugene Kessler, as Executor of the Estate of Herbert R. Mandel, deceased To East Marion Fire District Deed Liber 11932 cp 515 Dated: 11/23/98 Rec'd: 12/7/98 MORTGAGES None TITLE NO. 47174.SS PERIOD SHEET Herbert R. Mandel Eugene Kessler, as Executor East Marion Fire District 12/28/81 to 1/'14/97 11/14/97 to 12/7/98 11/23/98 to Date FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK ~S--ANDR.~ 3. G~LESKI ASST. VICE PRESIDENT Southold, N.Y. 11971 (516) 765-1938 January 6, 1986 Mr. Herbert Mandel 443 Main Street Greenport, NY 11944 Re: "Highpoint at East Marion" Proposed Section III Dear Mr. Mandel: The Planning Board has received and reviewed your correspondence of November 21, 1985. The Planning Board is not in a position to grant a variance or waiver pursuant to Section A 106-50 of the Town Code, since your proposal for one acre lots does contradict the present Master Plan of the Zoning Ordinance which requires two-acre lots in an "A" Residential - Agricultural District. Your option is to wait for the proposed Master Plan Map to be adopted or make application to the Board of Appeals. 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 44~MeinStreeteGrc~c,-'~x)rt. NewYork11944 November 21, 1985 Southold Town Planning Board Main Road, Southold, NY 11971 Attn: Mr. Bennett Orlowski, chairman Subject: Highpoint at East Marion, Sect. III Re: our letter dated Sept. 20, 1985 Gentlemen; With further reference to the above captioned subject and for your additional consideration I would like to submit the following: On February 22, 1982 I was addressed by the East Marion Fire District relative to their possible need for additional land. Subsequently, I met with the Fire District at their request and voluntarily agreed to give them a piece of land from the acreage purchased by me. I subsequently indicated the approximate location of said land on the map to be filed and approved. Without knowing the exact dimensions and location of the section to be dedicated and that said division would be approved, I believed it necessary to wait for final approval of the map upeni~hich was indicated and is shown clearly the approximate location of the area which subsequently deeded in August, 1984 and comprises 10,314 sq. ft. Until the issuance and acceptance of that deed it was impractical to subdivide this minor section of three acres. I appreciate that it is probable that a variance permitting the subdivision of this 3 acre parcel into 3 one acre residential lots would be granted, particularly in view of the fact that the proposed Master Plan recon~nends one acre zoning for this area abutting a fire house, a bungalow colony and my 1 acre subdivision known as Highpoint. However, I note that in the Town Code under Article 5-"Variances and Waivers"; Section A-106-50, "Variations in Cases of Hardship"; Pg. A 10637; and I quote for your convenience: "Where the Planning Board finds that extraordinary and unecessary hardship may result from strict compliance with these requirements it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan of the Zoning Ordinance, if such exists." To require me to go through the extraordinary expense of obtaining a variance coupled with the loss of time involved as a result of my having already donated ¼ acre of land with the costs of surveys, etc., I submit is a hardship well within the meaning of the code and ask your indulgence in this matter. Your prompt consideration and reply would be appreciated. For your convenience I have enclosed a copy of the relative section of the approved filed map. Ye~/truly yo HRM:vct copies to Southold Town Board East Marion Fire District FINAL ~'OAD ¢ D~AI'NAGE PLAN PReLl M I~JARY .$U:SPlVt,510~J' MAP OP' AT. EASTr'MARJON ' ;TOW~-OF $CXJTHOLD 5CALE~, ,l", I00'. ,' , DAT~. :?UU LY pr :'-4. NIOV..: · JULy ' · VOUNG ~, VOUNG,, ALDEN ~', VOU/'dG, N,V.G. ~, ¢ I..~. ldO. Southold, N.Y. ~.1971 (516) 765-1938 October 11, 1985 Mr. Herbert Mandel 443 Main Street Greenport, NY 11944 Re: Proposed Highpoint at East Marion Section III Dear Mr. Mandel: Please let this confirm our conversation of October 8, in response to your letter of September 20, 1985, which has been reviewed by the Planning Board. The Planning Board cannot take any action on your proposal for three one-acre lots, unless a variance is granted, since it is not conforming to the current two-acre zoning. It is the Planning Board's recommendation, however, that this area be zoned one-acre under the Proposed Master 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 By Diane M. Schultze, Secretary September 20, 1985 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Southold, New York Subject: Highpoint at East Marion, Section III Dear Mr. Orlowski; The subject premises comprising a 3 acre parcel as shown on the final map of Highpofnt as approved is located on the Main Road in East Marion adjacent to the firehouse . The separate lot lines dividing this parcel into the three ane acre components were not established for several reasons, one being the intention to dedicate a portion of the premises to the fire district which was done by deed dated September 13, 1984. (10,000 sq. ft.) The lot lines for the dedicated parcel having been fixed we now intend to complete this subdivision by dividing this parcel into three one acre units as shown on the map previously submitted by our engineer, Young and Young on August 22, 1985. This subdivision should be approved by you because: 1. It no way conflicts with the Master Plan but rather is in accordance with it. 2. It abuts on all sides properties of 1 acre or less and is of itself only 3 acres. 3. It constitutes an improvement to and a consequent tax benefit to the community and is injurious to no one. The property immediately adjacent to the east is a bungalow colony; to the north the balance of Highpoint at East Marion, Section II subdivided into 1 acre lots and to the west by the firehouse including its parking area, The south frontage is all on the Main Road in East Marion. I hope that you will find on reconsideration that it will be possible for you to authorize our proceeding with the mapping so as to cause no further delay. HRM:vct DELIVERED by HAND truly P.S. Attached for additional consideration is copy of self explanatory letter, Dec. 16, 1983 addressed to,Henry Raynor, chairman STPB, the resolution of which was approval o~ one acre zoning for this parcel. Street · [-~reenport, New York 11S44 Telephone: [~51S] 477-2223 HAND DELIVERED December 16, 1983 Mr. Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Main Road, Southold, N.Y. 11971 Subject/ Highpoint at East Marion, Sects. Re: Attorney Tasker's letter to you, Dear Mr. Raynor; I~afid II 10/14/83 Mr. Tasker's reference to Section II is out of context and, for your convenience, I enclose a copy of that letter. In the third from last paragraph Mr. Tasksr states "it is my opinion that the zoning requirements in effect at the time that the Planning Board acts on an application shall control." Then Mr. Tasker goes on to say in the next to last paragraph that request for approval of Section II was not filed with the Planning Board until August 1983. This latter statement is contrary to the spirit meaning and intent of Local Law #11 because Section II was, in fact, filed as part of the initial filing on April 14, 1982 which was sub- sequently approved for mapping, ll]e mere designation of a name for a section of property does not change its characteristics. Whether or not the property was called Section I, II, or III it was the same land submitted for approval on April 14, 1982. I believe the above comment togeLher w/th many other validating facts might enable you to request a reconsideration on the part of the town attorney. I would appreciate your effort in this regard. To help expedite an early conclusion of this matter, I am taking the liberty of fo~-warding a copy of this letter to the town attorney. Please let me hear from you promptly. H~M:vc t copy to Town Attorney Tasker Very truly yours, /~ Southold, N.Y. 11971 (516) 765-1938 September 12, 1985 Mr. Howard Young Young and Young 400 Ostrander Avenue Riverhead, NY 11901 Re: Proposed subdivision known as "Hiqhpoint at East Marion, Section III" Dear Mr. Young: In regard to the above mentioned subdivision proposal and your correspondence of August 22,1985, we haveobtained the opinion of our Town Attorney. The enclosed communication from Mr. Tasker indicates that the lots are not exempt from the two-acre zoning classification since Section 265-A of the Town Law is not applicable. Therefore, the Planning Board cannot proceed with the above subdivision proposal, as it is not Conforming with the current zoning. ~ it is suggested that you contact the Building Department on .the procedure for applying to the Board of Appeals regarding an area variance. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR.', ~HAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ~.LDEN ~. YOUNG YOUNG ~ YOUNG 400 O6'TRANDER :~VENUE RIVERHI:~D, N[~'4/ YOR]~ ~zlm~ 516-727~2303 / UG 11985 HOW~%D ~. YOUNG August 22, 1985 SOUTHOLD TOWN PLANNING BOARD Main Road Southold, NY 11971 Re: HIGHPOINT AT EAST MARION, SECTION THREE, INC. (85-597) East Marion, Town of Southold Dear Members of the Board: Enclosed are 12 prints of the map entitles "Subdivision Sketch Plan - HIGHPOINT AT EAST MARION, SECTION THREE, INC." and the completed application for tentative approval of plat. This Section of HIGHPOINT AT EAST MARION indicates three (3) lots of 40,000 sq. ft. or more. One (1) lot fronting on Main Road and two (2) lots fronting on a proposed 25 ft. wide right-of-way. We are aware of the change in the zoning ordinance, which now requires a minimum lot size of 80,000 sq. ft., but believe that we are, by virtue of Section 265-A of the Town Law, exempt from the zoning change. Please schedule this matter for Planning Review at your earliest convenience. Very truly yours, HOWARD W. YOUNG Encls. cc: MR. HERBERT MANDEL + two (2) prints AUG g 1 1985 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (/4~1.) approval'of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Toxvu Planning Board, and represents and states as follows: 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 o[ the subdivision is to be .................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o{ deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ........................ ; 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 . .2, .~1.~. ..... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... 7. The land is encumbered by .............................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid 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 except ........................ 9. The land lies in the following zoni~ng use districts ...................................... ..... i'.. - t ...-.. .................... I0. No part o'f the land lies under water whether tide water, stream, pond xvater or otherwise, ex- cept ................................................................................... I1. The applicant shall at his expense install all required public improvements. 12. The land, (~.~cz) (does not) lie in a Water District or Watei' Supply District. Name of Dis- trict, if within a District, is ........ .~./A .............................................. 13. Water mains will be laid by . ..~./~J. and (a) (no) charge will be made for installing said mains. 14. Electric lines and ~ will be installed by ..... ~..~..~...0. ........................ .................................... and (a) (,a~) charge will be made for installing said lines. 15. Gas mains xvill be installed by and (a) (no) charge will 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 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 'rown of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structnres on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets ~vhich 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 the course of these proceedings, the applicant xvill 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. The applicant estimates that the cost of grading and required public improven,',nts will bt $ .......... as itemized in Schedule "E" hereto annexed and requests that tile maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F'. (Nam~ of Applicant) .5'~-"7'/0~1/ ...... (Address) ~ ~ /l~a/ On the ..... s:~ ....... day of .......... 19..~.~.--., before me personally came ~.~...e~..~_..~..<~.. ...... ~;.. ~.~... '0 me known to be the i~dividual described in and wh,) executed tbe foregoing instrument, and acknowledged that ..... ~... executed the same. 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 .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public Southold, N.Y. 11971 (516) 765-1938 August 30, 1985 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 "Highpoint at East Marion" Proposed Section III Dear Mr. Tasker: Mr. Herbert Mandel has submitted a sketch plan for a minor subdivision referred to as "Highpoint at East Marion, Section III". He is applying for one acre lots since he believes under Section 265-A of the Town Law, he is exempt from the two-acre zoning. See enclosed survey. The Board questions this and requestsyour opinion as to whether or not he would be permitted to develop this as one-acre. We offer the following information and enclosures for your review regarding this: 1. Initial submission for sketch plan under name of Emar Farms in 1982, indicating 58± acres, see enclosure. 2. Name changed to Highpoint at East Marion and sectionalized. See enclosuke~-legal description of Section I. 3. Public hearing on the preliminary application for Section I held on January 10, 1983, see enclosed legal notice, and minutes. 4. Planning Board approved preliminary map on Section I February 7, 1983, see minutes. ' 22, 19, 5. Public hearing on the final map of Section I on August 1983, (see enclosed legal notice), and copy of minutes. 6. Planning Board approved final map of Section I on September 1983, see copy of minutes. Mr. Robert W. Tasker Page 2 August 30, 1985 7. Highpoint at East Marion, Section II filed on August 10, 1983 containing 23.7381 acres. 8. Preliminary map of Section II certified as approved by the Town Clerk on January 4, 1984. 9. Application for final plat approval submitted, see legal description of Section II. 10. 12, 1984, 11. Public hearing on the final map of Section II, March see enclosed legal notice, and copy of minutes. Final approval of Section II ws granted on June 24, Also, enclosed for your review, is a copy of the subdivision maps for Highpoint at East Marion Sections I and II. As well as, a copy of the road and dranage plan, which indicates the land of the proposed Highpoint at East Marion, Section III, referred to on the plan as "future section,. We look forward to receiving your opinion on whether this application is entitled to be developed under one-acre zoning. Thank you for your assistance in this matter. new Very truly yours, BENNETT 0RLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD BY , Diane M. Schultze, Secretary enc. Art. 16 , single publication and ',y on town clerk's sign 1948, ]93 Misc. 101, 83 N. C0mpt. 244, 1952. , its issued prior to changes · )nard, npon application by ~ aggrieved, may return a I uildhlg perznit fee before ';mt has exercised his rights ~r and after the to;vn board :,,M the building ordinance ruction proceeding by proI~ in, , tssociation attacked as arbl- i14 ' Art. 16 rigkt to maintain action to declare amendments invalid. Bohan v. Town of 8outhmnpton, 1962, 227 N.Y.S.2d 712. ~Vbere zoning ordinance allegedly provided that amendment thereof could be initiated by petition of own- ers of 50 per cent or more of cer- tain frontage, frontage owners had sufficient interest to seek declaratory judgment determining validity of an amenOment to such ordinance. Ter- ZONING AND PLANNING § 265--a ncr v. City of Pcekskill, 1953, 124 1V. Y.S.2d 24. The Supreme Court, Special Term, would not assume jurisdiction of de- claratmT Judgment action, wherein plaintiffs sought to obtain decree that amendment to zoning ordinance was invalid, in vlew of fact that owners of re-zoned lots were not znade par- ties defendant, but that action ;vas brought against city alone. Id. § 265-a. Exemption of lots shown on approved subdivision plats 1. Notwithstandins- any inconsistent provision of this chap- .ter or of any general, special or local law, the provisions of a zen- mg ordinance hereafter adopted, and the~provisions of a change or amendment hereafter adopted to a-~in ' ~ _ . . _ ~ g ordinance, which ~_ - ...... ~ esmonsn or mcrease lot areas, lot dim~ are ~r t&~ or in execs ~ ~ .... ~w~ch on a ~h~i~ pi~ ~' la~d :{.Z2~. "~'y~'n]9;? o}e or more new streets, road~7 ~h- --~2s ~n aamnon ;o ~o; 11~ m~hsions o~ tn~ ;hereon-~ ,~uu uy me pmnmng Doggff~iy aha, bf ~he ~ in which the land shown~id pla~ ig--S~uate, or approved by such other board or o~cer, if any, of such town vested wi~h authority approve subdivision pla~s, and which said subdivision pla~ or ~he firs~ section thereof has been duly filed in r~oq'din~f the county in which ~hd-]~d ~SWn 0n S~id ~ plat ~ifua~e,'oy which provisions establish or in- Crease side, rear or fron~ yard or set back requirements in ex- cess of those applicable to building plo~s under the provisions of the zoning ordinance, if any, in force and effec~ at the ~ime of the filing of the said subdivision pla~ or first section thereof, s~}]~, n6~9~0~ t~e period of time prescribed in subdivision two -mvn an2 ~ehneated on such subdivision ~i~ 2. If at the t~e ~f tk~ filing of the subdivisions!at or first sectioni~r~of referred to in subdiyjsinn n=~ection there w~ .ij~ th~ tOwn b6fh ~ zoning ordinance and a planni~-K~d vested with ~u~hor~ty to a~f6~ ~u~d~sJ~l '~Ia~g2~efi emptmn provide-for jfi su~ubdivi~iS~ kfi~ki~ for a perioa § 265-a TOWN LAW .irt. 16 of three years aft___er the filing of the subdivision plat or first sec- tion thereof. If at the time of the riling of the subalvls%n Plat or first Secti&n thereof referred to in subdivision one of this section there was a zoning ordinance in effect in the town but there was no planning board in said to~wn vested with authori- ty to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of two years after the filing of the subdivision plat or first section thereof. If at the time of the filing of the subdivision plat or first section thereof referred to in subdivision one of this section there was no zoning ordinance in the town but there was a planning board vested with authority to approve subdivision plats, then the ex- eruption provided for in such subdivision shall apply for a pe- riod of two years after the filing of the subdivision plat or first section thereof. If at the time of the filing of the subdivision plat or first section thereof referred to in subdivision one of this section there was no zoning ordinance in the town and no plan- ning board vested with authority to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of one year after the filing of said subdivision plat or first section thereof. If such period of exemption would expire within one year from the date of the filing of a section of the approved plat, it shall be extended for that section for a period of one year from the date of the filing of such section. Added L.1960, c. 1060; amended L.1963, c. 978, § 1, eft. Sept. 1, 1963. Subd. 1 amended by L.1963, c. 978, § 1, eft. SepL l, 1963, which insert- cd "which said subdivision plat or the first section thereof has been" and "or first section thereof". Subd. 2 amended by L.1963, c. 97S, § 1, eft. Sept. ], 1963, which insert- cd "or first section thereof" wherever appearing and added last sentence. F, xemption of lots shown on approved subdivision plats, sec General City Law, § 83-a[ Village Law, § 179(2). l~otas o£ Decisions Zmdng C:=63, ST. C.J.S. Zonlng §§ 4S, 66. I. Generally establishing minimum width of 40 feet on street line, but exempting from such requirement lots which had been designated on a plat previously or subsequently filed in the office of county clerk, ~vas not invalid on ground that there was an unlawful delegation to county planning com- mission of power to enact zoning leg- islation for the town with respect to plats subsequently flied. Applicatiou of De-Jo Const. Corp., 1962, 36 l~fisc. 2d 288, 232 N.Y.S.2d 998. 23O Art. 16 ~ § 266. Zoning In order to avail cle, such town boar~ the zoning eommissi ous original district; therein. Such com~ hold public hearing; and such town boa~ action until it has r Where a planning [ the zoning eommissi eft. April 23, 1963. L.1963, c. 759, eft. Al substituted "planning "plan commission" in la~ Derivation. Section Law of 2909, c. 63, § Generally I Eligibility 2 Library references Zoning ~=~351. C.J.S. Zoning § 201 I. Generally The chairman of the mission should be appo town board and said offio lng the pleasure of the § 267. Board o 1. Such town bo~ lng of five members~ provide for compen~ clerks and a secreta may be necessary an, tions that may be m~ peals. No person w eligible for members bers of the board fi term of one year, om' t. TOTAL~ AREA,= 219189 ACRES SUB~IMISION MAP, ,, H GHPO'iNT AT EAST MARION SECTION THREE: AT EA,ST MARION ~ :' ' TO~N OF SOUTHOLD ' ' ' COuN~Y ~ ":'~' ' ' ~ ' SUFFOLK' i '