HomeMy WebLinkAbout1000-25.-2-13 (2)
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SMITH, FINKELSTEIN, LUNDBERG, BAISLEY AND YAKABOSKI
ATTORNEYS .AND COUNSELORS AT LAW
REGINALD C. SMITH
HOWARD M. FINKELSTEIN
PIERRE G. LUNDBERG
PAUL J. BAISLEY
FRANCIS J. YAXABOSKI
ALLEN M. SMITH
456 GRIFFING AVENUE J CORNER OF LINCOLN STREET
P. O. BOX 389
RIVERHEAD, N. Y. 11901
(316) 727- 4100
ROBERT C. CRIMMINS
September 3, 1975
Planning Board,
Town of Southold
Main Road
Cutchogue, New York - 11935
RE: Schriever - Moor-Jankowski
Gentlemen:
We have become aware that more hearings may be held
in the application of William Schriever for a
sub-division in the hamlet of Orient.
If any of these hearings are public hearings, would
you please inform us of that.
We represent Dr. Moor-Jankowski, who, as you know,
is claiming title to a portion of the proposed sub-
division land. Dr. Moor-Jankowski would like to
have his views presented at any public hearing.
Thank you very much for your consideration in this
regard.
Very truly yours,
~~e.
ROBERT C. CRIMMINS
RCC:ems
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SMITH, FINKELSTEIN, LUNDBERG, BAISLEY AND YAKABOSKI
ATTORNEYS AND COUNSELORS AT LAW
REGINALD C. SMITH
HOWARD M. FINKELSTEIN
PIERRE G. LUNDBERG
PAUL J. BAISLEY
FRANCIS J. YAKABQSKI
ALLEN M. SMITH
456 GRIFFING AVENUE, CORNER OF LINCOLN STREET
P. O. BOX 389
RIVERHEAD, N. Y. 11901
(1516) 727- 4100
ROBERT C. CRIMMINS
July 25, 1975
Mr. John Wickham, Chairman
Planning Board, Town of Southold
Main Road
Cutchogue, New York 11935
Re: Schriever Moor-Jankowski
Orient Map
Dear Mr. Wickham:
At the Planning Board hearing on July 7th, our
client, Dr. Moor-Jankowski, referred to a lawsuit con-
cerning the title and use of a portion of the premises
adjoining his. We thought it would be appropriate to send
you a copy of the complaint.
As you know, Dr. Moor-Jankowski is particularly
interested in maintaining a respectable distance between his
house and the buffer zone rightfully belonging to him and
any proposed cul-de-sac.
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cc: Dr. Jan Moor-Jankowski
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C 104- Summons without Notiee, Blank Court.. 9~73
Person'a) Service:
COPV'UGHT '.73 8Y JULIUS BLUMBERG, INC., LAW BLANK PUBLISHERS
" eo EXCHANGE Pl... AT ~ROADWA'lC, N. Y. C. 10004
Su....... '-OU.a- OP '1'8B SB'IB OP IIEW YORK
~-~& OP ZlU'.rua.K
PlaiDtiH
Index No.
PlaintiD designates
SuUolk
County as the place of trial
The basis of the venue is Panl.. aDd
property are 1oc:ated 1D
Su~folk COUty.
&Ultt11t1Jns
JAIf lIOCla .1JUmDIfma.
agaizzst
1fT1':U\II w. SCBJaBYBJt.
PlaintiD resides at Vi1J..ge La..
OJ:leot:. _.Y.
Defendant
County of
SQf~olk
To the above named Defendant
Inu arr 4rrrby summnmb to aDswer the complaint in this action and to serve a copy
01 your answer~ or. il tbe complaiDt is not served witb this summons. to serve a notice 01 appearance. on tbe PlaJ'ntiD's
Attorney(s) WitbiD 20 days after tbe service 01 flUs summons. exclusive 01 the day of service (or within 30 days
after the service is complete if this summons is not personally delivered to you within the State 01 New Yark); and in
case 01 your failure to appear or answer, judgment will be taken against you by default lor tbe relief demanded in tbe
complaint.
Dated, lU.....rhfild. N.Y.. July 1, 1915.
. Defendant's address:
MaiD Road (no nulliber)
OJ:led:. JIew Ybrk 11951
SMI'1'II. PIlIt~'!'BDl. LUBDPJIG.
BAIST.RY and YAKA_T
- --~ ttorney( s-T Tor 7TJaliirl'lr
Office aDd Post Office Address
456 Griffing Avenue,
P.O. Box 389
RiverhNd, New York 11901
Telephone, 516 727-4100
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SUPREr,m COURT OF THE STAT'E OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------------------x
JAN MOOR-JANKOWSKI,
Plaintiff,
:
-against-
: VERIFIED COMPLAINT
WILLIAM W. SCHRIEVER,
:
Defendant.
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Plaintiff, by his attorneys, SMITH, FINKELSTEIN,
LUNDBERG, BAISLEY and YAKABOSKI, alleges:
1. Plaintiff and his wife, catherine Moor-Jankowski,
own and possess real estate with a home situate thereon located
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on the easterly side of Village Lane, in the Village of Orient,
Town of Southold, County of Suffolk, State of New York, further
described in the deed marked Schedule A.
2. Plaintiff and his wife purchased these premises on
or about October 10, 1969 from the estate of Sarah C. Thomas,
receiving the deed marked Schedule A covering the premises here-
inafter called "Homestead."
3. At the time plaintiff purchased Homestead from the
Thomas estate, plaintiff was also granted from the estate
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!; a right of first refusal on the lots irrunediately to the north and
I: south of "Homestead."
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Schedule B annexed hereto and made a part
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I: hereof shows the location of "Homestead" and the adjoining lots
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subject to the purchase option of plaintiff.
4.
The aforesaid right of first refusal was a valuable
right held by plaintiff protecting his investment in and use of
"Homestead" and enabling him to control the development of the
surrounding area.
5.
Upon information and belief, about the beginning of
i 1973 defendant began purchasing and assembling property to the
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east of "Homestead" in order to create a real estate subdivision
development.
This property was bounded on the west by Tabor Road
and was largely owned by the Thomas estate.
6.
In addition to lands east of plaintiff's premises,
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defendant also wished to purchase lots A and B to the north and
south of plaintiff's property, described in paragraph 3 set forth
above.
i 7. Upon information and belief, defendant was informed
II by the Thomas estate in regard to the purchase of lots A and B
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i that plaintiff had a prior option or right of first refusal on
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I' lots A and B.
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i asked plaintiff to relinquish his right of first refusal covering
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8.
Thereafter early in the spring of 1973 defendant
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lots A and B for which plaintiff would acquire an unencumbered I
buffer zone between his ho~e and defendant's. proposed svbdivisio~
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on te=ms hereinafter stated. The buffer zone contained a cinder
garage building which plaintiff intended to use.
9. Defendant was particularly interested in a corridor
strip of land being the northerly fifty feet of lot A, which he
needed to create an access road from Village Lane to his propose
subdivision on the east.
10. Plaintiff was informed that unless he cooperated
with defendant in the mutual purchase of lots A and B, defendant
would place a major vehicular cuI de sac in his proposed sub-
division immediately adjoining Homestead and plaintiff's house
situate thereon.
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11. Plaintiff and defendant thereafter, during the
spring of 1973, reached an agreement that defendant would pur-
chase lots A and B from the Thomas estate in his own name but
also on plaintiff's behalf and would
create a buffer zone
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I to lots A and B, and would pay defendant a pro rata share of the
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between Homestead and defendant's subdivision development, and
that plaintiff would not exercise his right of first refusal
cost of all the land defendant purchased from the Thomas estate
as the area in the buffer zone bore to the total area purchased.
12.
It was also agreed that from lots A and B, and
other lands purchased from the Thomas estate on the east, the
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bu=fe~ zone would be fifty feet wide on the north of plaintiff's
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prc?erty, twenty-five feet wide on the east and at least twenty
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feet wide on the south, so that plaintiff would have a rectangu-
lar "Homestead" shaped parcel. An exact description of the
buffer zone is annexed hereto and made part hereof as Schedule
c.
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13. It was also agreed that plaintiff would be
obligated to acquire and pay his pro rata share for as much
more of parcel B, over the minimal twenty foot buffer zone, as
defendant wished to convey to him.
14. It was also agreed that the transfer and accounting
between plaintiff and defendant would take place within a reason-
able time after the closing between defendant and the Thomas
estate.
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15. By reason of the aforesaid agreement, and at
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defendant's request, plaintiff on or about July 6, 1973 reI in-
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Ii quished the right of first refusal for the purchase of lots A
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Ii and B from the Thomas esta te.
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" 16. Upon information and belief, defendant thereafter
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il chased lands from the Thomas estate including lots A and Band
II the above described buffer zone, the closing for which took
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II place during the fall of 1973.
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17. When defendant purchased lands from the Thomas
es tat,::? he acted as pIa i~ltiff I S agent in regard to those lar!ds
which were to constitute the buffer zone as set forth in para-
graph 12 above.
18. Since the fall of 1973, plaintiff has made repeate
demands of defendant for a conveyance to him of the lands consti
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tuting the buffer zone, but defendant has failed and refused and
still fails and refuses to convey the buffer zone premises to
plaintiff.
19. Plaintiff, while demanding a conveyance of the
lands constituting the above-described buffer zone, has offered
his proportionate share of the total purchase price, also above
described, and remains ready, willing and able to pay said
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price, and hereby continues to tender such sum.
20. When the agreement in the spring of 1973 between
plaintiff and defendant was discussed, defendant represented to
plaintiff that if plaintiff waived his
right of first refusal to
the lands constituting thJ
lots A and B, defendant would purchase
buffer zone on behalf of plaintiff.
21. Relying on such representation made by defendant
and believing same to be true, plaintiff on or about July 6, I
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1973, waived his right of first refusal to lots A and B by letter
to the Thomas estate.
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22. In truth ~nd in fact, such rep~esentation was
false; acrendant never int2~ded to purchase the lands constitut-
ing the buffer zone on plaintiff's behalf.
23. Defendant knew at the time the representation was
false but made it to intentionally deceive and defraud plaintiff
to induce plaintiff to waive his right of first refusal to lots
A and B.
24. Plaintiff waived his right of first refusal to
lots A and B as a result of defendant's material misrepresenta-
tion that the lands constituting the buffer zone would be pur-
chased on plaintiff's behalf and would not have waived his right
but for defendant's misrepresentation.
25. Defendant's failure to convey the lands constituting
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the buffer zone to plaintiff is an abuse of the confidential and
principal-agent relationship between plaintiff and defendant in
regard to the purchase of said lands.
26. Plaintiff has been irreparably damaged by defend-
ant's refusal to deed the lands constituting the buffer zone
to plaintiff because plaintiff irrevocably surrendered his
rights, recognized by the Thomas estate, to acquire lots A and
B.
27. Defendant's overreaching conduct in refusing to
convey the lands constituting the buffer zone to plaintiff is
illegal, immoral, fraudulent, unconscionable, inequitable and
has unjustly enriched him.
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28. Plaintiff, with defendant's cooperation, had
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a cesspool placed on lot A and has used the building located
thereon since the spring of 1973.
29. Defendant withholds conveying the buffer zone
premises to plaintiff so that he may first use same for his
own personal advantages in connection with his proposed sub-
division and to insure plaintiff's cooperation with municipal
planning authorities and to obtain further concessions_from
plaintiff not originally agreed upon.
30. Plaintiff and defendant, with the aid and under.
the hand of a third party, prepared a written memorandum of
the general terms of the aforesaid spring 1973 agreement, which
was taken by defendant and which he refuses to reproduce or
deliver to plaintiff.
31. Plaintiff has no adequate yemedy at law.
ltHEREFORE, plaintiff demands judgment that:
(ll Defendant be decreed to be a trustee of the
premises described in Schedule C or the entire premises des-
cribed as lots A and B, and to hold
title thereto for the benefi,
of plaintiff.
(2) Defendant be ordered and decreed to convey
the said premises to the plaintiff in fee simple upon payment
to him of the pro rata share of the purchase price representing
the premises to be conveyed.
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(3) During ~ne pendency of this action, the
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encumbering or otherwise disposing of the aforesaid premises,
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C ang~ng i
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or destroying trees and shrubbery thereon,
or othendse
or modifying the terrain and landscape.
(4)
Plaintiff shall have such other and further
relief as to this court may seem just and equitable together
with the costs and disbursements of this action.
Yours, etc.
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SMITH, FINKELSTEIN, LUNDBERG,
BAISIEY and YAKABOSKI
Attorneys for Plaintiff
Office and P.O. Address
456 Griffing Avenue, P.O. Box 389
Riverhead, New York 11901
Telephone: 516 727-4100
TO:
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MR. WILLIAM W. SCHRIEVER
Main Road (no number)
orient, New York 11957
II 5(.;mdud N. Y. B. T. U. Fotfn SOt('-;12-6".]M-Ex~.:u(or's D~",t!~il\JivlduJI"H-Cor?Orition.----- l-"wb".t. ,--- ~ J
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Ii CON-3ULT YOUR 4\W'1.llI! SlleG THIS ~N'l.wMffiT-TllIS '.UMBiT '.CD ,aE U~ED DY LAW~,RS 0"<
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ii THIS INDENTURE, made the 5th day of A :.:gus t , nineteen hu"dr"," end sixty-nine
'jj'funVEEN WINIFRED A. CONOVER, residing at 87 Lewis Lane, Fair Haven,
~ if~ ii Monmouth County, New Jersey,
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- /;/',f I"~ ,. ,executor of
"11:,1" SAEA c. Tj[CiVIAS
, late of
Ii Red Bank, :Ne';,v Jersey , deceaseU.
:: }"lrty of the first part, and J, jVIOOR-JANKOW3fG ,md CA THEgl.:--:C '![C).OR-JANKOWSK
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Ij his wife, both residing at 545 West End .c-\v2rr'le, New Yor'k, New York,
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.f ex:.
t:h; iast will and testament of
party of the second part,
WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last
will and testament, and in consideration of Fifteen thousand ($15, 000.00) ----_________
-- -- --- --- ------------- ------- - ----------- - ____________N_________ dollars,
lawful money of the United States, paid by the party of the
second part, does hereby grant and release unto the party of the second part, the heirs or successors and
assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and beingitKthl!x at Orient, Town of Southold, County of Suffolk and State of
New York and more particularly bounded and described as follows:
BEGINNING at a point on the southeasterly side of Village Lane distant 112.02
feet southwesterly when measured along the southeasterly side of Village Lane
from a point where the southerly line of land now or formerly of Luce inter-
sects said southeasterly side of Village Lane;
and ~
RUNNING THENCE south 65 degrees 48 minutes 40 seconds east 145.00 feet;
THENCE south 26 degrees 18 minutes 50 seconds west 100.00 feet;
THENCE north 65 degrees 48 minutes 40 seconds west 145.00 feet to the
southeasterly side of Village Lane;
THENCE north 26 degrees 18 minutes 50 seconds east along the southeasterly
side of Village Lane 100.00 feet to the point or place of beginning.
.... '.... ,....., "'{}-e;li/'
REAL ESTATE ~>?"' STATE OF *
TRANSFER TAXr~~~NEW YORK:
. Ocpt,ol ~~-'I 6 50
Taxation OCT-2'69 :::-*
& finance ?B,IOS4S . .:*
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Schedule A
STAn Ol".~;'=:'~-:: .. - '" II .
H"":n...~'~~.':"":"'J: COUNTY OJ: (. :f-t/'AAfi.-"
O ,',~ . ss:
;t Loe 1.....'.> d<lY or ~ ~r'
persor:~!1y -came - ~ ~!-. 19., before me
WINIFRED A. CONOVER
,
STAT~ 0/= N;W~FH(~ CO~y OJ:
On tno w.1 of . .
personalty came
ss
19
, before m.-
tOIT'~ km:.wn to be the individual
eXi.:':t:ted the fore(1'oinfT in"t"ume .
h . b. b '"' I u~.
S :..r:-: (:xecuteu the S~me.
described in and whn
and acknowledged that
to.<ome known to be the individual
e),~cuted the foregoinO' instr!"r....,t
. .::>...... .<_. ,
executed the same.
described in and whe
and acknowledged thai.
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;-IO..43Y 7;.'!JlI~ >:::"~.,.,.. .... - / ,;'
l;I'( cOM:.\1i)'6'~~' ~l,!~; ~._'... _...~:.'.'~~:l!~ !If LAr:lB[
')t.N.,:;p ~ii;)u...\-j ;~.." <. ";-,': . 2:~, 1971
..'. ~_L'_" .;~ .l'...::l ~ij;!"e:.;z.a';lI
~:B:
""-tt3.'~h County CleI"k' ~ ' t' e
.J "-' eel"" rdcate
C~lI:Tl;I'=.Ar= OF NOTARY
DJEW'S fORM C. (:. '2-"
M",,,')fatl\..r,,d ond for 1111. by Tlt. H. &. W. I. llr_ eolltll'Oft1
Jccktllnville. florida.
r h._..~~9JU.~r.~.~:~_~..:~--~1-~.~-~~~:m-.mQCoun~.l SS.
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1, ____..Mf',r.gar.e.t.--.T.'h..SC.P.!~.t.m.....mm-.-m--m.' Clerk of the Circuit Court, the sams being a Court
of Rscord in and for said Co""'y, do hereby certify that ..l';?:i.~_h.J?,.....'1'Y.g~1:.:t.mm..""'"'''''--'-'''''
is and was at the time of Jigning the foregoing_.....__.......instrument..._-.._-..............-..........--..-.--""-'
a ..mNQt~:r.Y...-l.'JJ.Q-l1.J?---.~...-..--..-...--.....-:_....in and for said County, duly authoriied to take acknowl-
edgments and affidavits, .arLd commissioned. and qualified, and that all his official acts as such are entitled
to full faith and credit, that the said instr';ment is e"ecuted and acknowledged according to the laws of the
State of Florida, and 'that the signature thereto purporting to be his is genuine.
IN WITNESS WHEREOF, I have' hereunto set my hand and seal of said Court, thir.....5:ili.__.
day,of..m.--..m..AUglJ.1>.t.m-:Z",,,,, :D.'19!5.9.. t
~ . 0' .. . ...!'~!,f!;?:~~.....X!....~.~.<<?_~_t_.., Clerk Circuit Court.
By ..L..~..::.:....z:.~.L-f._,.. .,...,:':J::.'::.~eputy Clerk.
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€xecutor'lI j!leelJ
TlTlENo. 1261635
WINI:F'RED A. CONOVER
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SECTION
BLOCK
LOT
COUNTY OR TOWN
T G
TO
J. MOOR-JANKOWSKI and
one
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SrANDARD FORM OF NeW YORK 80~R.D OF TinE UNDERWRITERS
Dir:,.lbuud b.Y
THE TITLE GUARANTEE C01HPANY
CHARrf:.~l!D 1/;183 ~.J~)o' 0
. . ~ ~N NEW YOR.'C
Recorded At Request or Th T" 1 G
e It e uarantel!' Compan.,
RETURN' BY MAIL TO,
Irving L. Price, Jr.
Attorney at Law
238 Main Street
Greenport, N. Y.
Z;p No11944
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RECORDED
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l"~~~"""~' '::' ,i::'i""""".~,,i. '.\." ,;' .~.~.... '.' . ...ttle Law III Inc. Rutland, V.. 05701
, . · ";i1!;~!~t~~;!~~~i~t~ji~ J:~;{!: 1i~;~~!li;;!~ '.:;\i~~Hj'~',1:i1~~':;
.i, 1~~~:~,,~f.cii~~~RK'1~~~:{.f~,:f4:,:m;~;j,;:trJ~~;;~!~t.,,~~{);:W;~~;~~:i!;[j~:.tf.;~~~ ,~:~;~rj'CERTIFICAn~ BY ~~~~Y . '. .'.
';!:".;,:;\tjO::'~l'ThCUi:,,:lersigned;:'.n'attOmey admitted to 'practiccin the coutts of NeW. York. State, certifies that; the Within;: lil.
'Ti. "Y"'l{\";:"'~".i..':;,~,;\':j.~",,<..li,,ili&:~"<:j,kl.ll'!~'-I::~,:,:;:;u,~~:,;;,j~,'{":,"I'~~~:':~'. 1:~,.,_i'-"_;"LuL'~~-~" dbth d'" 'd 'th-t..- .;....:_"'1 d: ,',:
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., ;~A'IB':OF',NBW.',YORIC ~o.UN'I"Y,:OP:jl';' :~:,:~,'/j,!;;j,,~:~/:j'\,'r: ':~J';;~'''i,:n:~''.3I,~-ATrORNBY'S AFFIRMATION ":""+"'"
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"j I" ;:;~#,:,,!; ",~J+;.-:tql1';.;"'~';:"";1:; ~ l" :';j'.,-:.:. );..,.;~;,; ,"
. 5,";;~':r the attorney(s)' of record for", ,. ,
. "',; ,i1'in the Within action, tha.:d.,ponent read the foregoing .
;,-;I:~~'~:::~rj:az1d, lm~w$"thc co'ntents,:t:hereof~ th~t the' ,same is': true, to rdcpoi1enrs: ~~'NIl" owt~dge:iexO:pt as'.: to e matters:
; ;Aq;::~'i'stated tp b~ alleged. 0;' .info[,ri~iio'; :rod. ~die!, "n:d thdt as: to thos,e n:attetS depo~;nt .believes itt.obe'.~e., D
:'; .,..,.!..,!!.futther,say$.~ the reason thIS veriticaoonlS made.by'deponenr.and.not by. '
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':...:':!~f,!' groun 0 enrs,beliefas to matters riot Statee! upon deponent's knowledge: are as f
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1J" ,.m~igned.iffirms.diat' thdoregoinistatementsarettue;'tinder th~ penaltieS of Perjury. " ,
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att 'j':;:/;':r>:l.'(., ,.' .;),;~::.~!;rit':':"i '~/:,~::;'~.r~! !"it:' ;:: .,;..t:FY ... . ",.. ';i"':'~+;" \": '.,,,
STATB OF NEW YOn:. COUNTY OP '; :Jl'OLlt" ~" .!' llr" ~''''~'i'~ ,'<;;~lll S5..iJ"}.-:;"~,il~:t1 ,or, '"tJfi:l.~,",;", !;" INDIVIDUAL VERIFICA'nON 1
' -U:'" ',- , '" '-' 1 "1,~'r'.I:r..)" > I" ',', ~ <;:tt"!i"p; ,
"~:1 1," ,'-~ '''''~-~':-.' I""J' 2It..~al","'~,Jj:tt-'. 'a-"':,.'\"',,,,_ _:""..."~ '. " "".
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, ....--:.) --------,.~',!l"I,"~1i '";d,'.'ll,,;r' - j " '';'',.. H ."~ "~n"''''l:'''': ;;'I~" ocmg Y sworn,. ",""yoses an says t:".
"dUGLJ; ~""--..a', ~" ,\ 'l~' '~1,,1 "..~.I >, L. J '"~, J,;;~' f,,,.':'JIt,,,,, F' 1)"
eponent IS e ,,' J .',..,,"~. fntif:t '.'. ',,"" ,: ',1 . 'in the within action; that deponent has
, read the foregoing ',,,'f 1 ':arr . and knows the contentS theteof; that
the same is true to deponent's own knowle ge, except as to the matters therein stattd to be alleged on informacion and .
belief" and that as. to those matters, depon~t believes it to be true.. :::,: ~t':'(;JI' ',t;:,~,", ", ,"::;:"~";~;::,:.j:'~j;,~:~1.r~i;~'~":',, :~;:+:rB1~(
',Sw~mt~ bef~~~ri,k~'30-""~"dar ~<<~i ) i:;:;:!<1975' ,rli' :~.l." ',''':'{~:!;5:'~,t;i'''i'~::i:r
... "HOWARD M 'FINm51'E1N"'" .~''','.i'~..'j,.,,,..... .'. <"1" T' , .'" '. JaJ1 Mooz-JankowsU' "v""'.~ j', "
ST~10l'1Nl!\'1'L\'o~e b~l .... ".'~}:;U !!;"::','i<r"r:i~;. ." '." .".: CORPORAllI~:;:~~""'.f;"
N 526297800' S~ounty" '.' ! ''-'':.'''';'';''','' '-:..~'-~ .,'.-..,:"..~' .' ',,",, ;-:I.,~,.i':J,~
; ~:;":";:';O~~~:I~:'~~~I~~~;;!~~;;lt41;~1j{~!,,*,i}:~cJi~~:'~~~ing.~~~o~ ~~~,~says tha~ deponent is ~lC ." .... ;
,-..-1-."" I.,.. 'I''','' ~..I-Jd$!,~i;:I~'-';J'"'E~f of jJt<,'!l"'~;' 't,-"r"r~"1~"~'il"l:!~-oiit,rltl"" i'"'-'f-1:i:'I", -"',,-,;., "~~' ""~"':""-~'~"i-'~''':tl i', 'J~'ra'''~'t;;';!l;''';' 'I-"'-"Y " the: -corporauon 1 "."'~ "l
".,,' .~,~J, ",~.~;: ,_~:>':~r~" <!:~"i;'~ '\:J".i~t",t:. ,"~i, _' :"Er'''''''''":.1J,:~".~: \:~~,' .'-Y::.:tt;::;'L~:;i:'~i~hJ!J~i~j~'>~1: <" """:~;Ji:l ':.~; :;:~';i.q '-;~H;~J1'~-hfd:1;~.';:~;f~~if"j_tKblLi'~i'i"~'_:c.,.;.;. / ~';~;:l';..~.i~~;~~~f,
named In the Wlth,n actlon; that deponenr has :,"".!).: ",' '!!,d;1r~ad the. foregomg ,....,'(,;:P".1,i';;}"':tj:,:., ';:~~"','I~:.~I~!.,;4!#~ti#!;.
and knows the contents. thereof; and that the same IS true to deponent's. own knowledge, except as. to Il,e matters ':?j''':~.
therein stated to be alleged on informacion ',md belief,. and as to thoSe matters deponent believes it to be tr"',,,";,:~, ~ ~lic,:'i :(,,~:
. :nw~erifi~ti~,n~,~~,bYi~eponent ~cause,I? .' ,'t,.,:;' , ;'Y::i, : :t'i:}' '.' ';i~:fA;
15 a':--~>~":riJ~j'-~~;i~-:';:~,jI'~"~nr',:~r,'~'ht.!/r'COrpora~on.,.' -Deponent IS. an-officer thereof.. tc>wtt,.-lts....,'l;,. '.'1' ,:v....~~~:' ;~~~~t~
The grounds of deponent's belief as to all matters n!'t stated upon deponent's knowledge are as follows: ',,1,. _". ,.:,c. '. :...~.
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this- 'H""l,l. l"d f~ J --. ] \. 19' I ~ ~"';;l~~ '~11"1 ," :' :,:J,i:.."L,,:..- ..-
Sworn to before met ,;. \',~; "';:~:~!~-:!!" ay 0 ':,' :~:.j_,"~.,:~;;:. J;lI~; ~ IL,',. :~:;;,>;." , , ...:-i; >','; '..,'_
. i,' "'1i' :I~;i ~;l :: ;,: ~ :;,fb;;~~~t'~;~;~l" le" iif1;;Ji/J "c:,:",n'i ~if:'i.;~~;,,;:;;J;;:;<::~i::;':':~~ ,:.~;;:'.. '~~:~iJ7;;:,~;;~:::~;:r:);;
STATB OF NEW,YORK,;: COUNTY OP',;;.':J,;~,'ll." ;'::c$;hiT'r~}~.l;:~ ',',SS.ul.li,l. "'"N;~~~~:i]:"':~~"'AFFIDAVIT OF SERVICE BY MAIL:,,' ::,:4r~h
i ',- ,.~; i,.' ,,'.-. :":< ,: ~: ':':" i':':;:~_:,;i:'~T:t:"i ::,: !::~/i,""::T r::~~::r)1i,~~,:~t:" ,':''" ,;'. ~::~:;";-<r.i',;"f .:_ .~; --"7~~~~~: ::' ''':' : t': ... ~ .." ' ",:<~:,
being duly sworn, deposes and says, that deponent is not a party tc> the action, is over 18 yeats of
:;,;::. "". .r,":"'.L}Y:h';::':-:'-:,:i;i::~'-:-';J:::'i::'_;'.-:,'"1.~:''; /-"'. .-'..,. '..
That on the day ~f ," . "JD,...i, 19..'" deponent served the Wlthin .,,,.
upon ,,' j;: ::;;J';,:~: H~~,,::,~~!;,;:., '1"J;:~,;4;~J~f~;~i!~~~~t;~J:2:~~'g;t V"j::~~;:::::,~j~:i,,!;~,,:,'a"~~~2:~~. ~~;
. .... :',.::. "'1' "1' """1 i ".' ,,) ., '.1, .... ":')' ,..",:'... :'i ;., '".;C,,:' tht address desIgnated by sald attomey(s) for thar purpose
by depositing a true copy of ~ enclosed'in a postpaid properly addressed wrapper, in' -'- 'a post office -.official
depository under the exclusive care and custody of the United States post office department within the State of New York.. ,'.,. < .
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SMITH, FINKELSTEIN,. LUNDBERG
BAISLEY Be YAKABOSKI
10'.. Pl.iAti1~
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Pose Office Address,
'456 Griffing Avenue
NEW YORK 11901
516--727.4100
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~YDe:: TOOK EH (1896-1971)
)BEFlT L. TOOKER
ILLlAM W. ESSEKS
tl..RCIA Z. HEFTER
HARLES R CUDDY
TOOKER, TOOKER & ESSEKS
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. Box 26B
RIVERHEAD, N. Y. 11901
516 PARK 7-3277
NTHONY B_ TOH1LL
December 17, 1973
Mr. John Wickham
Chairman of Southold Town
Planning Board
Main Road
Southold, New York 11971
Dear Mr. Wickham:
We are enclosing a copy of a sketch plan for property
being purchased by William W. Schriever at Orient,
New York. We had appeared before your previously and
indicated that this proposal involves a cluster concept
and development of eleven building lots together with
the appropriate open space area.
In order to straighten existing lots lines along the
southerly boundary of the open space Mr. Schriever
proposes to exchange certain parcels of property with
the adjoining owners. This exchange will not involve
the addition or substraction of any land from the total
acreage which is to be developed. In addition it is pro-
posed to convey certain irregular parcels along the
westerly boundary of the property (the Village Lane side)
and along the southerly boundary (the Orchard Street side)
to adj oining owners,
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As discussed with you, Mr. Schriever is willing to
covenant with reference to these parcels which he proposes
to convey to adjoining owners to the effect that these
parcels will not be improved or developed unless special
permission is given by the Planning Board. We enclose a
proposed form of covenant.
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Mr. John Wickham
Chairman of Southold Town
Planning Board
December 17, 1973
Page 2
We ask that you place this matter on your calendar
for the next meeting of the Planning Board, which we
understand to be scheduled for December 27, 1973, so
that we may obtain approval of the layout and proceed
to make submission of the preliminary plat.
Very truly yours,
~tR_(?A
Charles R. Cuddy U
CRC/pc
Encls.
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Jvutholci Town Planning Bu" 0:.
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June
19'75
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Mr. Douglass said he did go to the Board of Health and a
piece was taken out so that the 'subdivision would be less
than 15 lots. Mr. Wickham said the Board will move only on
advise of counsel. Mr. Wickham asked Mr. Douglass if he can
produce a record of his hearing with the Health Department.
Mr. Douglass said he would ask his attorney. Mr. Douglass
also stated that all of Willow Terrace is on the approved
list of accepted subdivisions. Mr. Wickham said the Board
will dis6uss this with the Town Board.
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Mr. Armand Bartos came before the Board in regard to
his proposed minor subdivision at East Marion. Mr. Moisa
asked if there was any other accessto his property. Mr. Bartos
said there was not. He has gotten a variance on the right
of way from the Main Road because it was only 8 1/2 feet wide.
Mr. Raynor told Mr. Bartos there will be problems obtaining
a mortgage with anything less than a 30 foot right of way.
Mr. Bartos said he laid out the lots so they would have frontage
on the right of way. The Board asked Mr. Bartos to see if
he could get access from an adjoining property owner, Mr. DiNicola.
Mr. Bartos said he would talk to him. The Board also suggested
he talk to the Appeals Board and ask for approval of access for
one lot.
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Charles Cuddy, Esq., and William Schriever presented a
proposed plan for a cluster development of Mr. Schriever's
property off Tabor Road and Orchard Street, Orient. Mr. Cuddy
said the property totals approximately 15 acres. They propose
cluster development on 11 acres and leave 4 acres open space.
They want a change of zone to "B" on the property surrounding
the Town sump. Mr. Moisa asked if he owns the property now.
Mr. Cuddy said it was under contract. Mr. Schriever said he
did not have an option on the two lots on the Main Road.
Mr. Schriever said the pieces marked with arrows he proposes
to sell to adjoining property owners. Rather than have them
open space he would like to sell to adjoining property owners
to add to existing tax paying property and increase the assessment.
Mr. Schriever said some of the property owners have indicated
they want the property. Mr. Wickham told him it will have to
be cleared with the Town Board. Mr. Schriever also said he
intends to widen Tabor Road to 70 feet. Mr. Wickham said the
Board will have to talk to the Town Board and the map will have
to go to the Health Department and Planning Commission.
Mr. Schriever said at the, 'same time they would be asking
a rezoning to C. He would like the rezoning so he would
a non-conforming use. Mr. Raynor asked Mr. Schreiver to
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not have
present
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Southold Town Planning Board
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June 13, 1973
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maps showing how the map would look if the property was
transferred to the adjoining property owners and one if
it was not. Mr. Schriever said he would. Mr. Wickham
said the concept was within the requirements for cluster
zoning. Mr. Raynor asked about the right of way behind ~
the Business property and Mr. Schriever said it was access
for the lot owners to the open space and access for the
Business property to utilities. Mr. Schriever said he had
water tests done today and Mr. Heil's office in the Health
Department has a copy of the map. The Board will talk to
the Town Board about this map.
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Richard Cron, Esq., appeared before the Board in regard
to an application for change of zone for Harold W. Wilsberq,
on property at Orient Point. The application requests a
change of M-l General Multiple Residence and they plan to
put up condominium apartments. Mr. Cron said they have 22
acres and could have 154 units. Mr. Cron said they are not
using maximum density. MR. Cron also said the open space
would be leased to the condominium corporation. Mr. Raynor
asked Mr. Cron to submit a disclosure statement and he said
he would. Mr. Cron said the plan they are submitting was
proposed by the County Planning Commission. The layout and
number of units is what they feel was appropriate. They would
be leaving 30 acres of land open. Mr. Wickham said there may
be a problem if the ownership of the water front property
is not under a negative easement. Mr. Cron said the Town will
have to assess it as unusable property. Mr. Cron presented
sketches of the proposed layout of the condominiums showing
135 units. He said the County recorr~ended 135 units and the
distances between buildings meets the requirements. They
intend to get water from the hotel property and the roads will
:remain private. There will be a connecting road to Land's End
Subdivision. Mr. Cron said he would like a par 30 golf course
on the eastern portion of the property. Mr. Cron also said
they plan on seasonal occupancy and intend to limit families
with children of 15 years of age or older. Mr. Wickham said
the Board will talk to the County Planning Commission and said
~he Board is sensitive to what the local people think.
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Mr. Joseph Donovan, Rudolph Bruer, Esq., and Lefferts P.
Edson came before the Board in regard to Pebble Beach Subdivision
at East Marion. Mr; Bruer said two meetings ago the Board
promised they would aetempt to set a hearing for preliminary
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Southold Town Planning BoarG
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July 16, 19i~
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interfere with the lot area for lot #14. Mr. Wickham said
the property marked Howell's Meadow belongs to the Nature
Conservancy. He asked Mr. Kwasneski about giving a fairly
narrow strip of lot #1 which would tie in with the Nature
Conservancy area so that the public could use it. The
Howell people offered the property to the Town of Southold
before anyone else. We tried to work out something but
could not. Mr. Kwasneski said he would go back to Van Tuyl
and asked about the requirements for filing an application
for a preliminary hearing. Mr. Wickham told him he has to
file an application, a filing fee of $50 plus $5 per acre,
twelve copies of the map and profiles with the Town Clerk
and get a letter of approval from the Superintendent of
Highways. The park and playground could be settled out later.
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Charles Cuddy, Esq., and William Schriever came before
the Board in regard to the proposed cluster development at
Orient. Mr. Cuddy said they are going to go to the Town Board
for the change of zone. Mr. Raynor asked Mr. Schriever if
he had made any positive progress in transferring the land to
the adjacent property owners and Mr. Schriever said he has
permission from a few. Mr. Wickham suggested if he were to
give the Town a negative easement on the open space then he
could sell it subject to the negative easement. The negative ~
easement is on the land, not on the owner. Then he could do
some of these things after the fact. The land could not be
built on, nor could any structures be placed on it. They
st~ll have to go to the Town Board and the open space must be
in the ownership of the property owners association or some
other approved agreement. The Board suggested he put a
negative easement on the open space. Mr. Cuddy asked about
the proposed widening of the road. The Board told him they
didn't think the Town Board would approve 70 feet. That
jurisdiction would be under the Town Board and the Highway
Committee. Mr. Wickham said if the Main Road is 66 feet he
would be on stronger ground to try for 66 feet. Mr. Schriever
said his reason for suggesting 70 feet was because of the
amount of traffic on the street created by the fire department,
cemetery and the excavating business. Mr. Schriever also
said he talked to the Supervisor about the sump and he told
him there would be objection to the zone change. Mr. Schriever
said there is a nitrate problem and they may want to put in a
public water system. Mr. Wickham said the Board would talk
to the Town Board about the development. The open space would
not be deeded to the Town, but would remain in the owners hands
to let him make what arrangements he wanted. At a future time
it would become the property of the home owners association.
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December 27, 1973
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Planning Board
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The Chairman directed that a letter be written to Mr. DeRosa of Blue
Horizons (CPF Land Corporation) asking them how they are making out with
their new test holes.
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Maps were received from William W. Schriever, Orient, and he will be
scheduled for a review of the maps for the January meeting.
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Re Walt villitman Federal Savings & Loan, in answer to a letter from the
Suffolk County Health Department, a letter was directed to be written to ~
the surveyors, DeNigris & Maier, requesting the location of the well ~
points and the location of the leaching pools on the site plan.
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ReSyloret, the county requires and the Board concurs that there be
legend on both lots 16 and 17 and no access will be allowed from CR 27.
The maps were to be sent back to VanTuyl and when they are returned to V~
the Planning Board, they are to be resubmitted to the County Planning
Commission.
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A letter was directed to be written to Aetna Insurance Company re
Harbor Lights Estate Section 1 subdivision informing them that the
subdivider has been in close contact with the Town Board on this matter
and we will await developments.
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Mr. Wickham made a
December 6, 1973.
motion to approve the minutes of the meeting of
Mr. Raynor seconded the motion and it was carried.
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On motion made by Mr. Moisa, seconded by Mr. Raynor, it was
RESOLVED that the Southo1d Town Planning Board deny preliminary approval
of the minor subdivision of Robert Casola consisting of a parcel of land
at Orient, in the Town of Southo1d, County of Suffolk and State of New /<
York, because it is not in the best interests of the health, safety and
welfare of the residents of Southold Town. If it is possible to obtain
filling permission, one residence could be erected on the property.
Vote of the Board: Aye - Raynor, Moisa, Wickham
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Regular Meeting - January 15, 1974
A regular meeting of
Tuesday, January 15,
New York.
Planning Board was held at
Clerk's Office, Main Road,
7:30 p.m.
Southold,
the Southold
1974, at the
Town
Town
Present were:
Henry Raynor;
Messrs: John Wickham, Chairman; Henry Moisa, Vice-Chairman;
Frank Coyle; Alfred Grebe; and Edward Bage; P.E.
***
Rudy Bruer, Esq. appeared before the Board in regard to the Lucile Mosback
subdivision The Terrace. He has made four lots on the map with over 40,000
square feet in them. He would covenent in perpetuity on the oversized lots
that they would not be subdivided. The Board of Appeals has denied the
prior application. Mr. Bruer was asked to send in six copies of the sketch
plan.
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Rudy Bruer, Esq. appeared in the matter of a proposed change of zone
"A" Residential and Agricul tural to "C" Light Industrial District of
of Albert W. Albertson, Jr. on the south side of the Main Road in
Arshamomaque. He said Mr. Albertson will put in a buffer zone.
from
property
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Rudy Bruer, Esq. asked for approval of the site plan for Crescent Beach to
present to the Board of Appeals. The sketch plan had been previously approved
and he was directed to submit the site plan.
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In the matter of the request of Gasper Pisacano for a variance to divide his
property into two undersized lots was tabled until the next meeting so Mr.
Wickham can confer with the Town Attorney.
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Mr. Raynor made a motion to approve the minutes of the regular meeting of
December 27, 1973. Mr. Moisa seconded the motion and it was carried.
***
Mr. Raynor made a motion to recommend that the vouchers of Lawrence M.
Tuthill, P.E. be paid, one being $25 for the bond of Green Acres and the
other being $74 for the bond for Elijah's Lane Estates. Mr. Grebe seconded
the motion and it was carried.
***
Charles R. Cuddy, esq. and William Schriever appeared before the Board re ____
property of Mr. Schriever at Orient~ The Board reviewed the tentative plan.
Mr. Wickham explained to them that open space must be in perpetuity. There ~
was discussion about it being too small an area to cluster. The problem of
additional traffic into Village Lane was mentioned and cul-de-sacs were
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Mr. Price: I wrote a letter which brought results before and I will send
them the same letter.
Mr. Wickham: Clearance from the DEC is not difficult to get.
* * *
William Schriever subdivision.
Charles Cuddy, Esq. appeared.
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There was discussion as to Some changes made on the map.
* * *
Stanley Sledjeski minor subdivision.
Richard Lark, Esq. appeared.
Mr. Lark: Pursuant to your letter of March 12, I got the necessary covenants
and restrictions, one by Helen Sledjeski, and I have corrected the error in
the property description for the board. Here are the two deeds which have
been recorded. (in file)
Mr. Wickham read the covenants and restrictions signed by Helen Sledjeski.
Mr. Lark: This
be no problem.
is the description and they are both together so there should
I would like to request a favorable reply.
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Highland Road Corporation.
Richard Lark, Esq., Richard Mohring and Bart J.
Piscitello appeared.
Mr. Lark: The Board wrote me a letter regarding the subdivision. I brought
with me here this evening both principles, Mr. Richard Mohring and Mr.
Piscitello. After I discussed it with the principles, they asked me to go
ahead and I had Mr. Young do some further computations on the layout and
the topography of the surrounding land to aSSure myself before the preliminary
stage that the recharge basins would not adversely affect any of the
surrounding lands. I have an amended map here and I will have Mr. Young
explain the differences in a moment. The recharge basins are from a topo-
graphy point of view. (to the principles) The Planning Board was interested
in whether you will develop it yourselves.
Mr. Piscitello: We are primarily builders and we are running out of land
and we are looking to develop and build in Suffolk. We have had many inquiries
from brokers wanting to know if we would sell the land. We said we were
developing and building but if there were purchasers we would be glad to
send a map of the property but not to offer the property for sale in its
present condition. However, if there were interested people we would venture
sales in the future whenever we would get a filed map and we could build for
the people or sell several individual lots to create activity in the area
and create a subdivision which is compatible to the community. At this time,
we intend to b~ild and develop it.
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Mr. Lark: Do you have_any further questions on that particular aspect of it?
I went over it with them after you wrote me the letter. At this time I would
like to turn it over to Howard Young. He can explain the differences from
what I presented in lage January. This is a refinement of it and the main
reason is to make sure the drainage areas would be compatible.
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James Dill minor. Renny Terry, Esq. appeared.
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The board looked at the map presented by Mr. Terry which
conforms with the recommendations of the board.
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Francisco minor. George Wetmore appeared.
The Board looked at the covenants and restrictions as presented
and recommended that they be reworded to include no further ./
resubdivision of this land forever.
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On motion made by Mr. Raynor, seconded by Mr. Grebe, it
was
RESOLVED that the preliminary map of subdivision known
as August Acres situate in Arshamomaque, Town of Southold,
Suffolk County, New York, be approved subject to the following
conditions:
1. Course line be designated on Kerwin Boulevard to
conform with the description.
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2. Rights-of-way be shown on final map.
3. Description of property be shown as Section I
exclusive of Section II.
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4. 27~ pipe be shown instead of 18~ pipe on Pleasant
Place.
5. Approval on roads and drainage be obtained from
the Southold Town Highway Committee and the Southold Town
Superintendent of Highways.
Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe.
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Mr. Moisa presented the following letter and petition under
date of June 4, 1974 and addressed to the Southold Town Board
and the Southold Town Planning Board. y
Gentlemen:
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People with a cause in a common effort present you with ~
this petition. There is no committee - no chairman, only
people whose aim is to prevent an increase in traffic and
maintain the character and safety of Village Lane in the
hamlet of Orient.
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~_~_"::__M_oi'a tomporar"Y chaired
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/ This petition contains the signatures of many residents
of Orient who are categorically opposed to any additional
ingress and egress to Village Lane. Of the individuals sign-
ing this petition, approximately 30 reside on Village Lane.
Their names are indicated by an x.
Since there is no chairman, Mr. Cyril Lukeman or Mr.
Charles Webb will act as representatives for the petitioners
and in particular the Village Lane residents whose concern in
this matter is the greatest.
If this petition is found to be lacking in weight or
substance or insufficient to support a denial of the permit to
construct an additional ingress or egress to Village Lane,
you are asked to advise Mr. Lukeman or Mr. Webb so that the
petitioners can take any further action needed.
Cyril K. Lukeman
Charles E. Webb
PETITION
We the undersigned residents of the hamlet of Orient, Town of
Southold, New York, do hereby OBJECT to the proposed road which
will serve as an ingress and egress to the subdivision owned
by William Schreiver to Village Lane because:
(1) There is another, far less trafficked road with zero
population that is as available onto which access to the dev-
elopment can be secured.
(2) Village Lane, Orient's heavily trafficked main thorough-
fare is narrow, congested and its environs has a large popu-
lation of children. Town traffic ordinances allows only west
side of the street parking in the area of the subdivision.
Permitting the opening of a road connecting the subdivision
with Village Lane will create a greater congestion problem,
but will endanger the lives of the many children in the area.
(3) The residents of Village Lane should not be asked to bear
the unnecessary increase in the noise level inherent with an
increase in traffic.
We ask the Town not to permit the construction of any road
that will serve as an ingress and or egress to Village Lane.
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There were 170 names signed to the petition and it was placed
in Mr. Schreiver's file.
the meeting at this point.
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having a nonconforming use. We have advised many people
that they stood to gain by having it remain residential
if they expected to use it for a substantial number of
years.
Mr. Lark: He ran into trouble to expand the building he
is in presently. It is a nonconforming use.
* * *
Oregon View. Gary Olsen, Esq. appeared.
Howard Young had prepared new maps showing additional
drainage as suggested by the Town. Mr. Wickham said he
had contacted the Soil & Water Conservation Service for
their recommendations in this subdivision. Mr. Wickham
mentioned berms to Mr. Olsen as a measure of soil con-
servation. Mr. Olsen asked that the Superintendent of /
Highways issue a letter approving the curbs, etc. so
they can have the final hearing. Mr. Dean said he would
discuss it with the Highway Committee. Mr. Olsen said
he would request that the contractor put the berm in.
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Inlet East. William Esseks, Esq. and Mr. Donald Denis
appeared.
An update on the bond estimate will be requested from ~
the engineer and a letter is to be obtained from the
Superintendent of Highways and the Highway Committee.
Mr. Esseks did not leave the final maps.
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~e following letter was directed to be written to William
Schriever under signature of Mr. Wickham.
\/ We understand you are proceeding with road construct~
tion which is within your rights but we would think that
you would be well-advised to notify the Highway Department v
and the highway inspector before starting on any major
construction. We feel this might save you a good deal of
trouble and expense at a later date.
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The following letter to the Planning Board under date of
September 13, 1974 was read.
Gentlemen:
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In the matter of Zobohonski (Walsh) and Duff, Crescent
Avenue (Private Ro~d), Fishers Island. Please be advised.
At the Board of Appeals hearing on Thursday,
September 12, 1974, they were unable to determine that either
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The Board will check over the drawings and check with the
Town Attorney as to what if anything will be required. Mr.
Tsontakis gave the Board an extra copy to be looked over by
the Building Inspector.
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Simicich minor. Mr. Simicich and Charles Cuddy, Esq. appeared
The Board looked at the maps Mr. Cuddy had presented and Mr.
Cuddy said that Mr. Simicich would rather put the 50 foot
reservation of land all in lot #2 rather than half in lot #2
and half in lot #3. The map will be changed and re-presented.
A draft of an agreement to be put on the right of way was
presented and will be sent to the Town Attorney for his
comments.
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Schriever.
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~ Cuddy said the Health Department'had approved the plan
~ ~~t he is skeptical 'of the environmental people. He asked
if he could submit a map for the review of the Planning
Board. The Planning Board was agreeable and Mr. Cuddy will
send in new maps.
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Luce and Penny minor.
Mr. Penny appeared.
The Board reviewed map dated January 25; 1974. Mr. Penny
wants to combine lots 1 and 2 and change the roads a bit.
The total number of lots will be four. Mr. Wickham told
him that the Board will require a filed covenant that these
oversized lots will never be divided. Mr. Penny will have
a new map prepared and forward it to the Board.
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Oregon View. Gary Olsen, Esq. appeared.
The Board reviewed the final map of the above subdivision.
They will need a drawing of the pillars to be put at the
entrance.
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Laurelwood #2. Gary Olsen, Esq. appeared.
Mr. Olsen asked if any comments had been received from Mr.
Dean. The answer was negative.
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2/24
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Planning Board. The lots are good size and nicely shaped and this
is a realistic way of subdividing this property.
Mr. Wickham: We have spent a bi~ of time with this and are inclined
to concur with you. Does anyone else wish to be heard on this
subdivision? Hearing none, I will declare the hearing closed.
* * *
Peter Sledjeski minor in Orient. Peter Sledjeski appeared.
The Board reviewed the map. There are two rights-of-way to extinguish.
Stillo has a minor subdivision to the north of this property and
Mr. Sledjeski doesn't think any of the lots have been sold at this ~
point. Covenants will have to be drawn up for the oversized lots
and he will have to contact his attorney to find the legal steps
to extinguish the right of way and establish the new one for the
Stillo minor.
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Peconic Knolls, Peconic. Steve Tsontakis appeared.
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The Planning Board told Mr. Tsontakis to make lots 8 and 9 just
40,000 square feet to allow more area for the drainage. A statement
should be put on the map that there is no lot less than 40,000
square feet. Another cross-over pipe should be placed opposite ~
lot 4. Mr. Tsontakis will have to present twelve copies of the map
and twelve copies of the profiles. A letter is to be written to
Mr. Tsontakis stating the above requirements.
* * *
Orient. .
Mr. Cuddy had sent the Board a copy of the map of the proposed
cluster with the following letter: ~
February 4, 1975
Dear Mr. Wickham:
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Pursuant to our recent conversation concerning the cluster sub-
division of William W. Schriever at Orient, we are enclosing the
proposed map submitted to you many I months ago.
In order to proceed before the Department of Environmental Control
it is necessary that we submit a formal subdivision map as prepared
by Mr. Van Tuyl. We, therefore, ask that you outline in penCil
those areas which you wish to be included in the map.
For reference purposes we point out that the areas containing
( arrows are a part of the premises purchased by Mr. Schriever but
"-- are to be conveyed to adjo;ining owners by a deed which will
encumber each conveyance with a scenic easement. Those properties
Planning .rd
-15- .
March 31, 1975
(
The Planning Board concurred with the affidavit of Mr.
Wetmore and Lawrence Tuthill reported that he had spoken to
Mr. Irving Latham, an excavator, who told him that he had
dug it out at one time or another. A copy of this affidavit
with a covering letter from the Planning Board is to be sent
to Mr. Villa of the Suffolk County Department of Health.
* * *
The following letter was directed by Mr. Wickham to be SEnt
to Mr. Schriever regarding his subdivision in Orient.
"We have received information from numerous people in
the 0 lent area that they do not look favorably on another
co ection to Village Lane. It is also our understanding that,
e Highway Committee does not approve it. We think that you "
would be well-advised to make a cul-de-sac in the proposed
road or as another possibility you might consider abandoning
the cluster concept and putting in a loop road with standard
lots plus playground and so forth. We offer this suggestion
only because to date there has only been one cluster concept
approved in the Town of Southold."
* * *
On motion made by Mr. Grebe, seconded by Mr. Moisa,
it was
RESOLVED to authorize the chairman to sign the map of
the subdivision known as "Inlet East Estates" upon receipt
of the inspection fee.
./
Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe
and Raynor.
* * *
On motion made by Mr. Coyle, seconded by Mr. Raynor,
it was
RESOLVED to approve the map of the minor subdivision of ./
Garelle located at Mattituck, New York, map dated August 28,
1974 amended January 2, 1975.
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Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe
and Raynor.
* * *
was
On motion made by Mr. Moisa, seconded by Mr. Raynor, it
i
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RESOLVE to ratify the" action of the Southold Town
Planning Board with regard to the approval of the map of v
the subdivision known as "Pebble Beach Farms" upon receipt
of the action of the Suffolk County Planning Commission
disapproving same for the following reasons:
Planning .rd
-4- .
April 21, 1975
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Mr. Wickham: Everything seems to be in order. In hearings
it is customary to ask those that wish to speak first in
opposition. Is there anyone who wishes to speak in opposition?
Hearing none, I will ask for those wishing to speak in favor.
Mr. Cuddy: I am the attorney for the applicants. We have
been before you several times and you have the maps again
before you. This is merely three lots along with certain
rights of way to give the town certain rights in connection
with those rights of way. I believe we have gone through the
proper procedure and I would ask that the Board give approval
to it.
Mr.Wickham: Anyone else wish to speak in favor? We concur
in your statement that we have gone over this rather carefully
and you have met all our requirements. Is there any member of
the board wishing to speak any further about the subdivision?
Mr. Moisa: Should we ask for our usual form for nonsubdividing
some of these very large pieces?
Mr. Coyle:
Mr. Cuddy:
You want us
no more.
I think a legal instrument should be recorded.
We did not plan to but if you want us to we will.
to say we are only going to develop three lots and
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Mr. Moisa: I don't think it will hurt to have a statement on
the map.
Mr. Wickham: Put something on the map stating that no lot on
this subdivision may be reduced in size.
Mr. Cuddy: Suppose we said in each one of the deeds that we
deed out that no lot or parcel is to be resubdivided.
Mr. Wickham declared the hearing closed.
* * *
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Schriever. Mr. Schriever appeared and Charles Cuddy. Esq.
appeared.
~ Wickham told them that we ha"d heard that the county will
give no approval to clusters unless there is water, but Mr.
( Cuddy thinks they will get approval. Mr. Schriever said that >
'-' the only thing was they wanted to be able to show that he
would not be pulling up salt water by putting in this develop-
ment.
c.
Mr. Schriever: We believe it will go through but he wants
me to run some elevations on fire wells and he is going to get
a profile of the water table area. (Health Department spec-
ialist) When that. is done he is going to go to Mr. Flynn with
his recommendations.
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Planning B~d
~- .
April 21, 1975
c
like to spend a little time exploring the possibility of
Werner Adel, Jr. reaching an agreement with Alma Suter so
that in the long run the eighteen foot right of way can be
extinguished.
On motion made by Mr. Moisa, seconded by Mr. Grebe,
it was
RESOLVED to authorize the chairman to sign the map v
of the minor subdivision of Werner Adel, Jr.
Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe
and Raynor.
~~ On motion made by Mr. Grebe, seconded by Mr. Wickham,
L-- it wa,
~)
~
RESOLVED that William Schriever be requested to send
twelve copies of map of subdivision of property in Orient
marked sketch plan showing road with cul-de-sac or loop
road instead of connecting with Village Lane.
/
Motion was carried.
* * *
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Motion was made by Mr. Coyle, seconded by Mr. Grebe
and carried to adjourn the meeting. Meeting was adjourned
at 11:00 p.m.
Respectfully submitted,
Muriel Brush, Secretary
John Wickham, Chairman
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Planning~ard
.
May 5, 1975
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Luce and Penny. Mr. Penny appeared.
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The drainage and profiles of this minor subdivision were
reviewed and Mr. Wickham will consult with Mr. Dean.
* * *
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Schriever. Charles Cuddy, Esq. appeared.
There was discussion about this subdivision as regards
Dr. Moor-Jankowski's interest in the property. Mr. Wickham
reported that Dr. Moor-Jankowski told him that he had an
option on the two lots adjacent to his property and he waived
his option on agreement from Mr. Schriever that if he were to
buy the property he would sell Dr. Moor-Jankowski what he
wanted. Mr. Wickham told Dr. Moor-Jankowski to send a letter
and the Board would hold up the subdivision until this matter
is settled.
Mr. Cuddy presented a preliminary map showing a cul-de-sac
rather than a through-road to Village Lane. Mr. Wickham told
Mr. Cuddy about Dr. Moor-Jankowski (Mr. Cuddy arrived after
Mr. Wickham made the above report.) Mr. Cuddy said that Dr.
Moor-Jankowski had nothing in writing but that Mr. Schriever
said he would sell the outlined property to Dr. Moor-Jankowski
Mr. Wickham wants to know the terms of the release and wants
it demonstrated to the Board's satisfaction that Dr. Moor-
Jankowski did not have an option, if that is the fact. Mr.
Cuddy asked that the Board consider the first map presented
with the through-road and if they would not consider that,
that they consider the second map with the cul-de-sac.
Mr. Moisa asked what would happen if the DEC would not accept
the cluster and Mr. Cuddy answered that the map would have to
be changed.
Mr. Raynor asked the exact status of the parcels A through N
and Mr. Cuddy replied that they would remain open space. Mr.
Raynor asked what kind of right-of-way they were talking abou
to the open space and Mr. Cuddy said they were thinking about
not paving it but it would depend on what the board had to sa
The secretary was to contact Mr. Crimmins, attorney for Dr.
Moor-Jankowski, regarding this matter.
* * *
On motion made by Mr. Moisa, seconded by Mr. Raynor and
carried the minutes of the meeting of April 21, 1975 were
approved.
* * *
At this point the Board went into executive session.
Planni.oard
-5- .
May 5, 1975
Put recharge at Lot #33. Check with Mr. Dean on this.
Make Park & Recreation area where lots 54 and 53 are, v
eliminate Falcon Court and put a walking easement to the
Park and Playground area.
* * *
The Executive meeting was declared closed arid the regular
meeting reopened at 10:45 p.m.
* * *
On motion made by Mr. Moisa, seconded by Mr. Coyle,'
it was
RESOLVED that the Southold Town Planning Board request
authorization from the Southold Town Board for a cluster
concept for the subdivision known as "Pebble Beach Farms".
Vote of the Board: Ayes: Wickham, Moisa, Coyle,
Raynor.
* * *
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Pebble Beach Farms. Discussion was held as to the preliminar
maps which do not agree with the recommendations of Lawrence
Tuthill.
On motion of Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED to authorize the Chairman or Vice-Chairman to
sign the map of the subdivision known as "Pebble Beach Farms'
at such time as corrected preliminary maps are received,~L
notice that the Town Board has TIccepted the bond for the
improvements in the subdivision,~approva1 of the Town Attorn
and Town Board of the covenants on the open land, resolu-
tion is passed by the Town Board approving the clustering of
this propertyf~he Town Attorney and Town Board have approved
the maintenance bond or an alternative to it.
Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor.
* * *
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On motion made by Mr. Moisa, seconded by Mr. Raynor, it
was
RESOLVED to accept the submission of Willi8m Schriever
of a map of his subdivision containing a cul-de-sac rather
than a thru-road to Village Lane as a preliminary map with
the express understanding that the Planning Board of the TovK
of Southold is not bound, by mutual consent with the attorne}
for Mr. Schriever, to the usual lapse period. This lapse
period is to be extended to ninety days.
Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor.
* * *
Planning .d
-10- .
June 2, 1975
Elijah's Lane Estates, Section II. Joe Saland appeared.
Mr. Saland said the additional catch basins had been put in as
requested. Mr. Saland said they were a couple of months away
from starting the recharge basin which is shown in Section I.
There was discussion about the fact that this land has been
put in for bid for the County farm acquisition program. Mr.
Saland said that it looked a long way away so they were going
a~ead with the subdivision. If the option comes through and
the County Executive exercises it, the subdivision will be
discontinued. Mr. Saland requested ,a final hearing.
* * *
Motion was made by Mr. Grebe, seconded by Mr. Coyle and
carried that the mootin{; bo Cldjournod. ~~ ..:-/<-e., ~
* * *
Schriever. Mr. Schriever appeared, without an appointment.
,
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Mr. Schriever asked when his public hearing would be on the
preliminary map. He said the turn-around was stirring up
problems with Dr. Moor-Jankowski who feels, according to Mr.
Schriever, that the opposition to the road going through is '
primarily because of the trucks. A copy of Mr. Lawrence
Tuthill's recommendations to the Highway Department was avail-
able and read to Mr. Schriever as comments only. He was asked
to submit a copy of the covenants and restrictions as proposed.
* * *
Long Pond Estates. Mr. Wilsberg and Richard Cron, Esq. appeare
The following letter of the Highway Department under date of
June 2, 1975 was read:
\
Gentlemen:
\
After reviewing the subdivision map dated November 12,
1974 of Long Pond Estates located at Southold, New York with
Mr. Ernest Wilsberg, I suggested that if Park Avenue cannot
in the future be extended out to Route 25 through the park
and recreation area, then I would recommend the extension of
Park Avenue east of Lot #28 in the park and recreation area
for future access to Route 25.
/s/ Raymond C. Dean
Supt. of Highways
The developers showed one copy of a map where the road had
been relocated going north to south but they don't like this
plan and would rather have-it go west to east. More park and
playground was shown as there was an insufficient amount shown
on the original map.' The lot number will have to be removed
Planning BO.
-11-
.
June 2, 1975
from the area shown as a recharge basin. Mr. Dean is to be
contacted to see if he will go along with the west to east
plan for the road.
* * *
,
Greenbriar Acres. Richard Cron, Esq. appeared.
Mr. Cron was told to submit the sketch plan including profiles /
of this subdivision for action by the Board.
* * *
On motion made by Mr. Grebe, seconded by Mr. Raynor,
it was resolved to send the bond estimates prepared by Mr. ~
Lawrence Tuthill for the subdivisions "Crown Land Lane" and
"August Acres" to the Town Board for their action.
Vote of the Board: All ayes.
* * *
August Acres. The Board determined that the area around the
irrigation ponds should be fenced in if they are not going to
be filled in in the park and playground area.
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* * *
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On motion made by Mr. Moisa, seconded by Mr. Raynor, it
was
RESOLVED that a public hearing be held on the final
map of the subdivision known as "Eli;iah's Lane Estates,
Section II".
.,;
Vote of the Board: All ayes.
* * *
The next two meetings will be held on June 23, 1975 and
July 7, 1975.
* * *
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On motion made by Mr. Raynor, seconded by Mr. Grebe,
it was
RESOLVED to request the South old Town Board to consider /
the subdivision of land owned by William Schriever in Orient
as a cluster concept subdivision.
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Vote of the Board: All ayes.
"* * *
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Planning .rd
.
June 23, 1975
-3-
On motion made by Mr. Moisa, seconded by Mr. Grebe,
it was
RESOLVED to reaffirm approval to the County Planning
Commission on the map of property of Alma Suter called ~
"Tut's Acres" based on access being obtained from the
Southold Town Board of Appeals with provision that the access
be extinguished at such time as access is provided through
the subdivision to the west owned by Werner Adel, Jr.
Vote of the Board: Ayes: Wickham, Moisa, Grebe, Coyle.
V~. Raynor abstained.
On motion made by Mr. Moisa, seconded by Mr. Grebe,
it vias
RESOLVED to authorize the Chairman to sign the map of
the subdivision known as "Tut's Acres" owned by Alma Suter ./
upon receipt of covenants and restrictions filed with the
COQDty Clerk as regards no further subdivision of this
property.
Vote of the Board: Ayes: Wickham, Moisa, Grebe, Coyle.
V~. Raynor abstained.
* * *
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On motion made by Mr. Coyle, seconded by Mr. Grebe,
it was
RESOLVED to hold a public hearing on the map of property
of William Schriever known as "Orient Village" on July 7,
1975. This is a preliminary map.
v
.~. Vote of the Board: All ayes.
* * *
On motion made by Mr. Grebe, seconded by Mr. Raynor,
it was
RESOLVED to authorize the Chairman to sign the map of
the subdivision owned by August Garelle upon receipt of filed
covenants and restrictions.
v
Vote of the Board: All ayes.
* * *
On motion made by Mr. Moisa, seconded by Mr. Raynor,
it was
RESOLVED to approve the final map of the subdivision
known as "Crown Land Lane" subject to review by the Suffolk v
County Planning COIT@ission, receipt of the inspection fee and
acceptance of the bond by the Town Board.
Vote of the Board: All ayes.
.....---,.....,-_.__._~_.____'_.._____ _~._. _~_ _._____ _.___"__.n
...--' -- ... . ,'...
Planning Ard
-7-
.
July 7, 1975
Orient Village.
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The Chairman opened the hearing on the preliminary map
of the subdivision known as "Orient Village" at 8:30 p.m.
Henry Raynor read the 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 Clerk's Office, Main Road,
Southold, New York, in said town on the 7th day of July,
1975 on the question of the following:
8:30 p.m. Approval of the preliminary map of subdivision
known as "Orient Village" mmed by William W. Schriever
situated at Orient in the Town of Southold, County of Suffolk
and State of New York and bounded and described as follows:
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BEGINNING at the intersection of the northerly line of
Orchard Stree-t with the westerly line of Tabor Road; from
said point of begirming TIlnning along said northerly line of
Orchard Street, South 880 '+7' 30" West 113.93 feet; thence
along land of Rich, three courses: (1) North 20 05' 20" East
251.28 feet; thence (2) South 870 47' 30" West 78.99 feet;
thence (3) South 20 18' 40" West 3.99 feet; thence along land
of Carlsson South 820 95' West 141. 50 feet; thence along land
of Wysocki, three courses: (1) North 20 48' East 18.12 feet;
thence (2) North 850 57' 10" West 96.49 feet; thence (3) South
20 45' West 256.53 feet to said northerly line of Orchard
Street; thence along said northerly line South 880 47' 30"
West 96.04 feet; thence along land of Vail three courses:
(1) North 20 17' 20" East 280.70 feet; thence (2) South 820
05' West 70.0 feet; thence (3) South 80 41' West 105.0 feet;
thence along land of the Methodist Parsonage and land of
'.'loglom Nor"ch 840 09' West 120.0 feet; thence 'along land of
Berra and land of King North 780 59' West 107.50 feet; tbence
along land of Horton, two courses: (1) North 140 44' East
100.87 feet; thence (2) North 700 06' West 123.50 feet; thence
along land of Vail and land of Kripinski, two courses:
(1) North 320 18' East 173.30 feet; thence (2) North 680 26'
West 190.50 feet to the easterly line of Village Lane; thence
along said easterly line North 260 18' 50" East 104.04 feet;
thence along land of Moor-Jankowski, three courses: (1) South
650 48' 40" East 145.0 feet; -thence (2) North 260 18' 50"
East 100.0 feet; thence (3) North 65b 48' 40" \'lest 145.0 feet
to said easterly line of Village Lane; thence along said east-
erly line North 260 18' 50" East 112.02 feet; thence along
land of Norkelun, two courses (1) South 650 11' 30" East
95-07 feet; thence (2) North 250 51' 50" East 137.58 feet;
tbence along land of Magrino, South 640 44' 40" East 79.43
feet; thence along said land of Magrino and land of Soito,
North 170 11' 30" East 267.23 feet; thence along land of Tabor,
"orth 880 20' 40" East 299.23 feet; thence along land of
Schriever, four courses: (1) South 30 40' 20" I'rest 186.53
feet; th nce (2) North 870 47' 30" East 30.16 feet; thence
outh 30 40' 20" West 299.99 feet; thence (4) North 870
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Planning eard
-8-
.
July 7, 1975
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'+7' 30" East 224.88 feet to said westerly line of Tabor Road;
thence along said westerly line, South 00 38' East 50.02 feet;
thence along other land of Schriever, three courses: (1) South
870 47' 30" West 228.65 feet; thence (2) South 30 40' 20"
West 129.55 feet; thence (3) North 820 32' 20" East 253.72
feet to said westerly line of Tabor Road; thence along said
westerly line South 80 06' 30" East 50.0 feet; thence along
land of the Towq of Southold, three courses: (1) South 820
32' 20" West 100.0 feet; thence (2) South 80 06' 30" East
100.0 feet; thence (3) North 820 32' 20" East 100.0 feet to
said westerly line of Tabor Road; thence along said westerly
line, two courses: (1) South 80 06' 30" East 95.27 feet; thence
(2) South }O 47' 30" \~est 268.55 feet to the point of beginning.
Containing 13.849 acres, more or less.
Affidavit of publication was presented from the Suffolk
Weekly Times properly notarized.
Chairman: There is a letter in the file notifying the
developers of the preliminary hearing, a letter to the Super-
intendent of Highways, a letter to the Attorney telling him
that we need a -resolution from the Town Board. Do we have a
letter from the Town Board?
Secretary: No.
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Chairman: State law requires that the Town Board approve
all cluster concepts in the Town of Southold. The following
is the letter from our professional engineer:
To: l~. Raymond C. Dean, Supt. of Highways, Southold Town
Re: Subdivision entitled Orient Village dated March 20, 1975
Roads
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Profile shows 70' wide Tabor Road and a proposed new
profile, but no such width is shown on plans.
If Tabor Road is not to be changed then profile of
proposed road will have to be revised.
Personally see no apparent traffic problem due proposed
road entering Village Lane. Traffic generated by
nine building lots would be offset by an alternate
route in case of road blockage.
There is insufficient drainage. Suggest a recharge
basin be constructed with the possibility of enlarge-
ment of the existing drainage area.
General
Suggest restrictions on conveyance of plots "C" thru
"N" to adjacent owners so as not to create additional
building lots. It appears as several parcels are
large enough for a building lot through a variance.
~s on the letterhead of Lawrence M. Tuthill, P.E.
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Plannin~ard
-9- .
July 7, 1975
Chairman: Subsequent to that the Planning Board said a
cuI de sac. Going back through the file I find a letter
to the developer from the Planning Board dated April 7, 1975.
Dear Mr. Schriever:
We have received information from numerous people in
the Orient area that they do not look favorably on another
corillection to Village Lane. It is also our understanding
that the Highway Committee does not approve it. We think
that you would be well-advised to make a cul-de-sac in the
proposed road or as another possibility you might consider
abandoning the cluster concept and putting in a loop road
with standard lots plus playground and so forth. We offer
this suggestion only because to date there has only been one
cluster concept approved in the Town of South old.
There is a letter from the Attorney for the developer dated
February 4, 1915.
Dear Mr. Wickham:
Pursuant to our recent conversation concerning u1e cluster
subdi vis ion of William W. Schriever at Orient, vie are
enclosing the proposed map submitted to you many months ago.
In order to proceed before the Department of Envirorunental
Control it is necessary that we submit a formal subdivision
map as prepared by Mr. Van Tuyl. We, therefore, ask that you
outline in pencil those areas which you wish to be included
in the map.
For reference purposes we point out that the areas containing
arrows are a part of the premises purchased by Mr. Schriever
but are to be conveyed to adjoining owners by a deed which
will encumber each conveyance with a scenic easement. Those
properties upon which the notation "exchange" has been made
are to permit the straightening out of lot lines. The exchan~
has been completed between Schriever and Frost and Schriever
and Wysocki.
Kindly advise those
division so that we
Thank you.
areas which are to be included in the sub
may attend to preparation of the same.
/s/ Charles R. Cuddy
Chairman: Under date of June 4, 1974 there is a letter from
a couple of petitioners in the Village of Orient and a long
list of nillnes of people that are protesting the connection
with Village Lane. I have pages and pages, say twelve.
Getting back to September 23, 1974, there is a letter from
the Plalming Board to. }'Ir.. Schriever.
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Plannin_ard
-10- .
July 7, 1975
ear Mr. Schriever:
We understand you are proceeding with road construction
which is within your rights but we would think that you would
be well-advised to notify the Highway Department and the
Highway Inspector before starting any major construction.
/s/ John Wickham, Chairman
The following letter under date of January 16, 1974 to the
Planning Board was read:.
Gentlemen:
Confirming our discussions during the appearances before
you by Mr. Schriever and myself it is my Qnderstanding that
the proposed cluster development by Hr. Schriever .including
14+ peres at Orient, New York, is generally acceptable to
the lanning Board with the following exceptions:
(1) Determination must be made as to the proposal to
convey certain open space areas, constituting 1.4 acres, to
adjoining property owners;
(2) The parcel at the southeast corner of the proposed
map, which is partly in business zoning and partly in resi-
dential zoning, must be shown on the map and its proposed use,
appropriately indicated.
vmen the foregoing matters have been resolved and the Board
advises whether the proposed road from Tabor Road to Village
Lane is to be a through street or is to end in a cul-de-sac
at Village Lane, then Hr. Schriever will submit preliminary
plans in accordance with your requirements. As indicated to
you, we wish to do this as promptly as possible and therefore
ask that you advise us if there are any other conditions or
considerations which you wish to have us comply with prior to
submission of the preliminary map.
/s/ Charles R. Cuddy
Chairman: There is a letter to the Chairman of the Board of
Review under date of January 17, 1974 in which the Planning
Board points out that this is a cluster concept and we are
trying to promote clustering.
"I would further like to point out that under the provisions
of. the clustering ordinance of the Tovffi of Southold, no
requirement of the residential area may be reduced more than
50%.nor may clustering be used in any except the residential
zone. This means that no lot may have less than 20,000 square
feet nor 75 foot highway frontage. In this particular case,
the lots are larger than the minimum required and can be made
to include 40,000 sCJ.uare feet without undue hardship.
the feeling of this Board that from a practical matter
Planning +d
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J. 7, 1975
-11-
!~e health of any occupants of houses to be built on these
lots would be in no way changed by the manner in which the
rear area of the lots might be handled."
Chairman: There is a letter to the Department of Health
dated January 2, 1974 which says your case has been scheduled
and so forth. This subdivision and the cluster concept has
been before the Planning Board for almost two years. The
Planning Board has repeatedly stressed the fact that we
believe in the clustering concept to preserve open space in
the Town of Southold. I want further to say that it appears
to me personally, this is a personal feeling, that Mr.
Schriever is trying to do a favor in straightening out some
of Ule pl'operty lines in this particular area and that as
regards the clustering concept, the odds and ends of lots, we
l,ave and will insist may not be used for building additional
residences, must be tied up and kept forever open. More than
than, under t11e clustering concept, he has more them enough
area without these odds and ends for the clustering lots tt,at
he is proposing. Therefore, it would appear to this Board as
I personally see it, I'm talki.ng about one vote only, that
if we can settle the problem of the highway, -the proposed road,
/ trJat Mr. Schriever's cluster concept fits in with this philo-
sophy of the Town of preserving open space and might be con-
~ sidered to be doing a very considerable favor to many of the
property owners in the inDuediate area. Having said that, we
hold public hearings to hear from the people involved. At
this time, in accord with our normal practice, I will ask for
those who wish to be heard in opposition to this subdivision.
Please give your name to the secretary and in the interest of
time make your statement as brief as possible.
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Alice Leddy: I am not opposed to Mr. Schriever's development.
There are two things I am concerned with. Nwnber one, the
- road into Village La..ne and, number two, the name of the devel-
opment. We are in the process of having Orient Village declared
historical.
Jim Leddy: The maps that are before you on the table here
are enti t,led "Orient Village". During the intermission that
we had a few moments ago, there was another map being shovJn
around which is also entitled "Orient Village" which is the
one that is presently in existence. I think there could be
some degree of confusion. It is a minor point but of some
moment to the residents.
Chairman: I would like to point out if you want to take this
map and look at it, at the present time, the highway ends in
a cul-de-sac and doesn't intersect Village Lane. This is the
map that we are considering tonight. Are there some others
that wish to be heard? We suggested some months ago to the
developer that it not intersect Village Lane.
I~. Horn: If this is approved would it be possible later
~ for Mr. Schriever to push a road through to Village L~ne?
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.y 7, 1975
hairman: The answer is it would not be possible. On the
other hand, it has been the uniform practice of this Board
to ask that a dotted line, dotted area, be reserved for
possible dedication in case the residents of the area decided
,they wanted the road. This has happened so many times in the
past in areas where people at the time thought it wasn't at
all possible. It has happened so many times that we invariably
ask for -this but this will be only if the residents of the
ilIDnediate area overwhelmingly request it and this might be
forty or fifty years from now.
Dr. J\loor-Jankowski: The map sJlOws a cul-de-sac which in
part is on property which by right belongs to me, ;Ji"hich should
have been conveyed to me by Nr. ScJlriever about a year and a
half. ago on which litigation is now pending, papers have been
filed, Nr. Schriever has been served with the papers and I am
in a position (a) for him try.ing to operate this land for his
own use and I am in a position (b) for having this cul-de-sac
in front of the 'windows of our bedroom. He has bought tr.e
property and has enough 'space to put the cul-de-sac on his
own property.
Chairman: It has been the policy of .this Board at all bmes
to require that developers and adjacent people settle their
differences before going too far and I am sure that some means
an be made to settle this problem one way or the other. I
ant the secretary to make note that we will require that
these differences be settled. It would seem to me that it
would pose no great problem in view of the fact that Mr.
Schriever has more than enough area to do one of several
things.
Nr; Raynor: Dr. Moor-Jankowski, are you saying that this
map is in error the way it is submitted?
Dr. Noor-Jankowski: There is property here that I can ~10W
you that should never have been in the developn;ent. Ny
agreement with Mr. Schriever was that as soon as he obtained
this property from the Thomas Estate. My agreement wi th Nr.
Schriever was I was to receive an opt.ion and I was to get
in recompense some land in back of the property. This v;Dole
property should have never been put into the development.
In my last meeting with Mr. Schriever he told me that the
Planning Board would not allow him to sell off this piece of
property before he submitted which I don't believe to be the
truth.
Chairman: My suggestion would be that regardless of the
rights and the wrongs this Board will not take sides in this,
but it wouldn't seriously interfere with this subdivision,
tJlis cluster concept. If this road was shortened somewhat
and the cul-de-sac was made shorter. This is a possibility,
it could be done that way and there would be basically no
~problem. There is area enough to do it.
Dr. Moor-Jankowski presented some sort of document ~~ich Mr.
r looked at.
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Mr. Baker: I would just like to ask a question. Is
"Orient Village" a t::,ade name or a corporate name and, if
so, is it registered?
Mr. Schriever: About two years ago I made an application
to the County Clerk for the use of the name "Orient
Village" and the name was approved as the name of the devel-
opment. The only purpose for this name was to identify this
map uniquely in the files of the County Clerk's Office where
these things are filed. It has no other purpose than that.
It was just a name. We could call it ABC, .it would be just
as good. This seemed to identify the area and was accepted.
I have a letter to that effect about two years old.
Chairman: It does not have to be used for this subdivision.
If the Planning Board says one of the conditions will be that
you change the name, that will be a condition so it is within
t.he Dower of this Board to take that into consideration
b.eca~lse regardless of whecher it is accepted by the County
Clerk or not, this Board has the authority to approve or
disapprove names or highways, in fact, the whole concept.
Charles Webb: In lieu of your last statement, I would like
on my ovm behalf and on .behalf of many of the people that are
here tonight to make a reque st that the Board consider that
very seriously because in lieu of the work the Historical
Society has done along this national preservation site. I
think we have a right to feel that we live in the Village of
Orient and we are trying to preserve it. I feel to have it
designated on a map such as this would be detrimental to our
cause.
Mr. Van Nostrand: I would like to know what use the map
shows fo~the commercial property.
Chair!.TIan: This map does not include any corrunercial property.
:rhe property that f1r. Schriever holds on Tabor Lane or Road
is ,already zoned business and is not included in this
residential development. It includes his buildin~s on the
north end and except for the fifty feet out for this proposed
road goes dO\ifD to within 80 feet of the Town Highway sump.
That is all zoned business..
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Mr. Van Nostrand: May I also ask what type of architecture.
is contemplated for the houses?
Chairman: The Planning Board has site plan approval on this.
We have no Architectural Board of Review in the Town of
Southold but I think by now everybody ~nows that we lean
heavily toward colonial-type and non-uniformity. If there
is anythii1g the Chairman of the Planning Board doesn 't.
like. it's French Provincial. The people have gotten the
message. I want to say at this time before we go any further
that I feel that everyone of these cOI~~ents and suggestions
have been constructive and good and if you have any more like
\ them, we would be very happy to hear them.
Planning ,-rd
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Dr. Moor-Jankowski: Is it actually true that the Planning
Board would have not approved if Mr. Schriever wanted to set
off'a piece to me for which I had prior option before he even
started?
Chairman: Dr. Moor-Jankowski, a property owner may sell bits
arid pieces of his property in what our attorney calls casual
sale which he has done apparently to Wysocki and another as
long as he doesn't sell more than one every second or-third
year. Number two, that he doesn't sell away and leave himself
less than one acre. In the interest of time, it is obvious
tha t Mr. Schriever couldn't make casual sales of one every h,o
or tJlree years and get anywhere with all these piGces of
property he is trying to seve out. LGt's be reasonable. I
think... He could not sell piecemeal all the way around.
Let's not get into this because this is small potatoes. At
this time I will ask for those that wish to speak in favor
of t.he development.
Charles Cuddy, lawfj.rm of Tooker, Tooker & Esseks in Riverhead:
We represent Mr. Schriever. Mr. Chairman, originally I was
oing to set forth the map on the wall but I think, probably,
everybody has seen the map and recognizes that we have eleven
lots. I think Mr. Wick~am has well explained the cluster
concept to keep open space. Some of you probably don't know
it but t.his Sout.hold Tovm Board has promoted t.his probably morc
than any other board on eastern Long Island, that is, trying
to preserve space and that's what we have done in the southern
part and northern part of this particular concept. Vie have
eleven lots which actually is on a little bit more than eleven
acres. The densit.y remains the same which is one house per
acr~. The 12th lot. is in excess of 40,000 square feet which i~
also a residential lot, but it is not in the clustering area.
We have been before a nwnber of boards including ~lis board,
and also the TOviTI Board of the Town of Southold. We have been
before the Suffolk County Healt.h Department and they have
'given us approval for this concept. We have been before the
Suffolk County Department of Environmental Control and we
. have preliminary approval. We expect to llave a hearing with in
the next month and that time get formal approval. What I
would like to do and I 1<-now you have some questions regarding
the road. I would like t.o point out that ~~. Schriever
initially had it so the road would go through and we acceded
to the Planning Board and have indicated that there is going
to be a cul-de-sac. We still, however, are asking to permit
us to have the road go through and we would like t.he Planning
Board to consider from our point of view why we would like the
road to go through. We have tonight I'~. Lat.ham, Irving, who
is an engineer and system analyst.. We would l.ike t.o present.
an analysis of our concept of the road going through. Before
he does that, I also would like Mr. Schriever to show you
some of t.he architectural renderings that. vie have \'Ihich
indica"Ge the type of houses that we propose to put on these
lots. I ,would like to say one thing about Orient Village. We
used the name Orient Village just as ~~. Schriever indicated
s only a designation and it is only so that we have something
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that we can-put on file with the County Clerk to file a
subdivision. We don't want to preempt the name "Orient
Vil:Lage". We will certainly be happy to replace it with
another name. We have no patent on the name "Orient Village".
We just used it as a name to refer to a specific area.
Obviously, you have a different area in mind. I would like
Mr. Schriever to show you some drawings of the property if
that's o.k. with the Planning Board and then have Mr. Latham
speak for a few minutes.
Mr. Schriever: These .were made when I started. They are
getting yellow I've been in "chis thing so long. These are
SOL~e renderings not to be taken terribly specifically because
it will be adjusted to suit the desires of the owner with
respect to room layout and so forth but the idea is to give
you a picTur'e of the type of house we \'Iant to have in this
area. vmen we file the covenants on this property we are
oing to make a statement in there, I hope t1,at it is enforce-
a le, to the effect that we want to limit the type of arch i-
te ture to that which is exemplified by the 110uses on Village
La e. If we can succeed in that, then this is what we agree
would have. I think you will recognize some of these
11 uses. This is the George Vail house. It is larger than
~---, _is house.
.Chajrman: Bill, may I point out -that in the Town of Southold
there cannot be any multiple residences in the cluster concept.
They have to be single family houses. There will be no two
family houses and I want everybody to understand that in
Southold it has to be single family residences only.
Mr. Schriever: These 110uses are limited, in the covenants
they will be limited, to 1200 square feet minimum, for one
story and 1800 for two story which is a fair size house. No
attached garages because it is not in keeping with the area
at all. The garages will be separate. There are certain
other restrictions including the setback I hope to establish
at fifty feet instead of the town's requirement of 35 feet
because the lots are quite deep and there is no problem with
the amount of space available and I think it wiJ 1 make it
more attractive and a benefit to the residents. Are there
any questions on the type or the way it will appear when it
is done. I will be glad to answer.
Mr. Webb: Can you at this time estimate or give us an idea
of what the price range of these houses would be?
}tr. Schriever: I don't know. I got some prices here that
are about a year and a half old and the way things are going
in this country, God only knows what it will cost by the time
I get this thing done. The price of the road has Ii teralJ_y
doubled in those two years.
]VIr. \I'ebb: What was the price a year and a half ago?
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Planning BOW. -16-. JUlY. 1975
~Mr. Schriever: This house here was estimated to cost .
/ $40,000. That would be plus the price of the lot. A?tually,
I believe based on what I have observed that a house In good
/ condition in Orient as it stands now, these new houses would
/ probably sell completed at about the same price that you would
I sell a second-hand house. I saw a house go in the last year
or so for $45,000. These are larger houses than that and of
course they are new and alot more area than most of the lots.
Are there any other questions with respect to the appearance
of the thing? The wiring will be all underground.
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r';r. Raynor:
Dowes?
Mr. Schriever, do you intend to build these
Mr. Schriever: What I would like to do is, I would like to
take the contract to build a home to the requirements of the
person who wants to ultimately own it and sell him the
fini sned product. That's the way I viOuld like to do it.
The covenants are tighter than my lavvyer tninks I can hold it
in court and I think the best way to really control everything
is to do it myself, if I can. I don't know with these delays
it is costi.ng money. Every month you sit around it's another
thousand dollars.
Chairman: Let me cormnent on one otrJer thing. Bill, I am
not just sure how a site plan works on cluster concept, but if
you were to build to specifications and to order would you be
willing to submit individual site plans to the PI arming Board.
Tnis is something we haven't explored, but it is obvious if
you are going to build them one by one.
Mr. Schriever: I think I can control it better tr~t way.
Chairman: What I am saying is would you be willing to take
the Planning Board into consultation for this so that we
can more or less preserve tne colonial atmosphere?
Mr. Schriever: I have no objecti,on at this t,ime.
Mr. Fagan: Is the road going to be allowed to come through
on Village Lane or not?
Chairman: This map does not show the road going through to
Village Lane. We have 12 pages at least of people who do not
want it to go through. We have discussed this with the TO\"ll
Board briefly and the Highway COIT@ittee specifically and they
concur at this stage of the game so I would say that at this
stage of the game there are very few people outside of the
developers who want it to come through and there are a grea.t
many people who have been very vocal about their not wanting
it to come through. vie are, this Board is not usually rail-
roaded into anything but we have to face the facts of life
just the same. We still want to hear from Mr. Latham. '
Mr. Cuddy: We don't want to appear as a minority of one, but
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Planning B.d. -17-. Ju.7, 1975
~ really feel and you've been very generous with us listening
to what we've had to say so far. We would like to present the
reasons that we think it is appropriate for the road to go
through and there are a good number of them and I think Mr.
~ Latham will touch on most of them. I'll introduce him at this
't' ~ time.
~\ ~~ Latham: At Mr. Schriever's request I did an analysis
~ q, of what would happen assuming the development is built and if'..'
~ ~ the road is cODJlected and if it is not connected and what I.
i~ would like to present briefly is the asswnption behind this
\i analysis, vlhat the conclusions are as regards to traffic. To
review what I am going to say to start with, we made a couple
of asswnpt.ions. First, we assumed that the traffic is
proportional to the number of houses. We didn't go around and
count houses, count cars or anything like that, but we can
COW1t houses. vie assume that if there are more houses, there
are more cars. Secondly, we assuned that people ta],e "che
shortest route if they vmntto get som2where, if tLey want t.o
get to the Main Road, or the post office, they go 3S direct.ly
as possible. What D1is discount.s, possibly, is the possibility
that some roads are more scenic than others or tl1at tl1ere are
no four-lane highways tl1at are more desirable .to pass through.
We just take the sl10rtest one. If you agree witl1 these two
assump.tions, we get to one conclusion whicl1 is really a
trivial conclusion. It is very easy to show tlmt every time
you add a connection, you add a road and connect it on, tl1e
total traffic goes dOlifD. This is obvious because if you add
a road on, it is obvious that somebody can take a short cut
and, therefore, the traffic will always decrease. That doesn't
mean that it will decrease on every single road. Obviously,
if you build a road, before you open it there is no traffic
on it. After you open it, then there is traffic, so it goes
up on that particular road but if you consider all the roads,
the traffic has to decrease. What ,,,e are novl interested in
particularly is what is the effect on Village Lane? \Vbat we
found is that we estimate that Village Lane is broken up into
several parts when we add a road on and that, in general, ibe
effect will be less than tvlO percent of the total traffic and
tl1at actually on part of Village Lane t.he traffic will be
reduced, because people will turn off. With this in mind, I
would like to go through quickly how we did the analysis and
the results. First thing was to count the houses and these
are the houses in Orient. I have assumed there are going to
be nine houses in the development eventually and that two
houses associated with the development are going to be built
on Orchard Street. One thing is that there are many, many
houses down here on King Street and the only "lay you can get
to them is to go on Village Lane. You assume people won't go
on Narrow River Road. Now, you take this data and this map
and first we have to divide the traffic up into several parts.
What is the traffic to the ~lain Road? This is a redrawing
\ of the map in the neighborhood of the development. This is
'\ Village Lane, this is the new road. Here it is connected and
here it is disconnected. This is Route 25. I have drawn the
roads with the width in proportion to the traffic. The way
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/that works is you consider my house down here somewhere so I
have to get to the Main Road so I go down Village Lane because
that's the shortest route so that makes a mark. I do that for
every other house in town and, say that everybody all of a
sudden wants to go to the Main Road and they each leave an ink
trail, this is what it looks like. It is quite apparent that
you are getting the great bulk of traffic down to the Main Road.
We considered two cases, first of all, with the development with
the road' opening. vrnen'the road is open if anyone in the devel-
opment wants to get to the Main Road they will go this way.
That would be the shortest route. They,have to come out this
,'lay because there is no connection here so you have got to get
to tht.s point. If you make the connection and tie .the thing
togetlwr, half ,the people will go on Village Lane and the
other half will go the other way. For half the people it will
be shorter to go this way and for half the people it will be
shorter to go that way. \fnat that does is that adds traffic
to Village Lane as you would suspect. It adds half the develop-
ment, nine and half of nine is five. Tbat's the case of going
to the Main Road. I aSSUJDe for the purposes of keeping
)pYOportion that there is one trip to the Main Road each day.
It doesn't make any difference because it is the proportion
that cOQnts. The next thing to be considered is the Post
L Office. Here's what the map looks like with the traffic to
Ule Post Office. What this reflects is that t.here are alot of
people outside of the Village that have post office boxes. We
know that because there are presently 283 post office boxes and
there are only by actual count 130 some houses in the to,~ so
unless people are taking two or more they must be up in this
area. So vlhen those people go to the post office they come down
ere and now we use our assumption that they don't make a U-turn
in front of the Post Office and therefore, they go around the
block and back to the Main Road. ' I assume if you come in from
town you have to go back to your house and I go to the monument
and turn around and come back again. The only alternative is
to go down here and make the U-turn. We assume they all go in
at the monument no matter where they come from and go down to
the Post Office and around the block. wbat happens with our
road of interest here is if you make this connection, you ask
how are people who go to the Post Office frornthe development.
"Te'll exclude the first possibility. If it is cOl1..Ylected they
can walk. If it is discol1..Ylected, then they will drive around
the block and come back. If it's blocked you can't get through
there. The provision is, as far as I understand, that it is
going to be closed. Another thing by the Post Office of
interest is the store. \ihat happens is that if you opened
the road here, then you can go around the block, around a
short block rather than go on and that will decrease this
traffic. That's also true of the people who live' on Orchard
Street down in this area. If you live on Orchard Street, you
go to the Post Office, right now you go aroQYld the block and
back to Orchard street. All these things are small compared
to the total width of the road, but nonetheless, that does
decrease the traffic here.
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JUl., 1975
IQuestion: You have increased the traffic at this intersection,
have you not?
Mr. Latham:
it is closed
block.
Obviously, you can't enter the intersection if
but these cars would ordinarily go all around the
Quest10n: But if you put this street through, this shows that
you have increased the activity of traffic right at this
corner.
Chairman: Let the hearing come to order and we will just
ask everybody to be gentlemanly. vie gave the opponents a
fair chance to speak and we intend fully to give the proponents
the same privileges.
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Latham: I don't think th).s is going conb'ary to common
ense. Common sense says if you are going to the Fost Office
a. d you can make a turn before going to the end of the road
y u make that turn. This is just the Post Office traffic.
1;/. talked about the Main Road -traffic and we will talk about
other kind of traffic.
Moor-Jankowski: We are all the time talking about nine
:new houses. H01lJever, when I look at this map I see a business
zone and I see here a service road to the business zone. If
a trailer truck comes from Greenport or comes by tbe ferry
and goes down west, he would sure come down Tabor Road and-
tJu'ough bere. Nine bouses are negl igible but you are opening
to traffic to a business zone.
Mr. Latbam:
If he turns
unused.
If you assume that the truck will not turn around.
around there is no problem. Tabor Road is almost
Cbairman: Tbe point to remember is the Town of Southold has
long since granted a business zone to this property on Tabor
Road and your comment about trucks is rather unfounded. At
the present time, if a truck went down there he VJould have to
go down to Orchard S"creet and either come back Village Lane
which would be a mistake or else go out Narrow River Road and
so forth. Tbat's already been granted. That's in the past
and there can be a business development there and it is in
order and we expect it and have to provide for it. That's
Dot within.....
Dr. Moor-Jankowski: I just want to explain that ir~tead of
going through the Tabor Road and returning through tbe Tabor
Road the truck will have a shorter way and we all know the
big trucks in Orient that take the shorter road. If tbere
is no going through the trailer truck will go on Tabor Road
and go back on Tabor Road.
Mr. Latham: The final thing we considered
~use and basically this is done on the
is traffic house
assumption that
!peoPle visit each other in town. We assume everyone on
adjacent streets will walk. We assumed they would turn
/ around and come back. What happens here is that house to
house traffic, if the road is open, then anyone who wants
/ to go out of the development to anywhere has got to go
down Orchard Street. If you close that road, the main
effect is it takes a~ot of that ~raff~c that was on Or?hard
Street away. There lS a very sllght lncrease of trafflc
from this development. This traffic on Orchard Street is
cut about a third from doing that. To summarize these
figures, this is my analysis of the total traffic effect.
The (';reen will show what happens with the intersecUon
blocked. The blue shows what will happen if the intersection
is opened. The effect is, if you look at the top segment.
The traffic if you open the intersection, the cars on this
section decrease slightly, decrease by about 14. It
" increases in front of the post office by about 1+. It increases
by about 1 in front of -the church. I think the sUlmnary of
the traffic is that it's a very small effect. It's only
about two percent of the total. It's based upon the assl~np-
tion of one trip to the post office per day and one trip to
the Main Road per day and one house to house visit per day.
-vie didn't take into account, for example, the Bay House down
here .."hich generates a "cremendous a,-nount of traffic or the
museum or any of these other activities. What they are going
to do is pump considerably more traffic on Village Lane.
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Man: I think this is a good argument as to why we don't
want another intersection. There is already too much traffic
there now.
Mr. Latham: The point is that the intersection is not going
to increase the traffic. It will decrease it on this part
of it and this decrease is actually on the most heavily
used part of the road.
Chairman: Mr. Cuddy, do you have anything else?
Hr. Cuddy: That will conclude our presentation. We will
make a promise to you that we will not use the name "Orient
Village".
Chairman: May I ask one question for our information. On
the original concept there was stated that you anticipated
widening Tabor Road to 70 feet. We note that this sketch
shows 50 feet.
Hr. Schriever: ~~en we started out with this thing we were
I suppose babes in the woods, ambitious and we thought that
we could present a complete package. UnIortunately, we found
out that everything seems to depend on everything else and
if we were talking about this intersection over here, there
was something over here that is boloxing up the works and we
couldn't discuss this .and so on. So we finally decided the
only way to do this thing is one thing at a time so we took
the thing which could be done without any other thing and
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!we made the application on the development without any
changes over here. We did propose in our sketch map to
widen Tabor Road to 70 feet because it is a business area
and we thought this would be a beneficial thing. We also
suggested although it has nothing to do with this development
that Tabor Road would probably eventually be extended down
to the bend in King street. We could suck about half the
traffic and this wide road would have a tremendous effect in
reducing the traffic on Village Lane. We felt seeing that
se~med to be a good idea, if this was widened it would ma~e
it very much easier to accept that traffic without Village
LGne. I want to point out that Village Lane is 24 feet 3
inches wide at this intersection and pretty much throughout.
The roads that are required by the specifications by the Town
of Southold are 36 feet curb to curb. This road as shown here
.is 50 feet wide and this Village Lane as shown is 110 feet wide
but physically ""hen you get th~re ,th is vlould be 36 feet wide
\3nd this .viOuld be 21+ f~et vJide and you :have in effect one more
lane on this road in terms of width.
~hairman: Bill, would you be prepared and again the Planning
AjOard hasn't discussed this, neither have we asked the Hi&hway
Corunittee but would you be prepared to make, widen Tabor
Road to 70 feet or 60 feet. In some areas of the Tovm we
}lave the roads 60 feet.
~tr. Schriever: In the Town specifications, I didn't realize
this at the time I proposed, I'm not even sure it vias in there,
in the To\~ specifications the next step happens to be 80
feet. I wasn't aware of this. My proposal of 70 feet, the
actual road width would be 50 feet. In other words, there
would be two 10 foot shoulders. What we are talking about is
right-of-way not the actual road. The main highway, Route
25, is 20 feet wide, so Village Lane is four feet wider than
the 11ain High.vmy. It is not really all that narrow. If
there a:ce no cars parked at the intersection, there is no
problem there at all.
Mr. Cuddy: vn1at I think we are saying is, yes, we would but
we wouldn't want it to be necessarily dependent.
Chairman: Bill, I just want to tell you that in the future
it will carry more traffic.
Mr. Schriever: You are talking about a 60 foot right-of-way?
Chairman: Yes, a 60 foot right-of-way.
Mr. Schriever: I proposed 70 because I wanted a little wider
shoulders.
Chairman: Wnat I am saying is if the Plan~ing Board came
\ back and said, we would like to have this 60 foot road in view
of what we think the expansion of this area is going to be,
~YOu would be more or less open to it.
~--
Planning BO.
.
-22-
. Jul~, 1975
/
e. Schriever: The thing that c<?ncern~ ,me is not the width
10f the right-of-way but the physlcal wlQth of the road.
Chairman: We have learned the hard way that it's the width
of the right-of-way that is the important thing in the long
run because these roads will be rebuilt in 25 or 30 years,
but the width of the right-of-way can never be changed.
If there is no one else who wishes to be heard in favor of
this I will declare the hearing closed.
Man: Does the Board set a time limit on completion of the
project?
(
Chairman: No, bonds are usually pos"ced for all the capital
improvements, the roads, drainage areas and those bonds are
usually for three years so you can figure it's ahvays go ing
to be "<:;hree years al,ead and usually tlle bonds are extended
for at least one more year so we are talking about four years.
is is what Mr. Schriever says, \-ihat a house may be worth
t day is a far cry from wl1at it may be worth four years from
no
Ma I was a little disturbed by Mr. Schriever's means of
c nstruction, selling house by house as he got a contract.
lis could run to ten years.
Chairman: Let me point out to all of you that this is one
of the things which has made the Town of Southold such a
wonderful place to live in. Just exactly this type of thing.
The thing we do not vlant and I am speaking personally I
suspect but I also think I have the complete backing of the
rest of the Planning Board and the Town Board. We don't want
somebody to come in here and buy a large farm and buil a
hundred homes just like that. Then you've got all kinds of
problems, school problems, highway problems, and everyt.hing
else. The thing which has been good for the Town of Soutbold
is to have individuals come out here, buy a lot, build a
home. Tbis is exactly what we want. It bas been good for
us. We are trying to promote it. This is strictly the
historical pattern we have had in the Town of Southold and I
think, without exception, it has been good. vie do not want
people to come in and suddenly build even tenor twenty or
thirty homes. This dislocates the schools, the highways,
the com~unity, everything. I will declare the hearing closed
and I want to thank you again for coming here and you have
made alot of constructive criticism and discussion. Thank'-
you very much. (Hearing closed at 9:45 p.m.) A letter was
presented from Spencer B. Terry, Jr. and made part of the minute
* * *
(
Mr. Olsen appeared and asked permission to have a work
meeting on July 21, 1975 to go over all his files. His
request was granted.
* * *
/J
Planning Boar.
.
-3-
. AuA 18, 1975
On motion made by Mr. Raynor, seconded by Mr. Grebe, it
c
was
RESOLVED that approval be given the final map of the
subdivision knovm as "Eli,iah's Lane Estates, Section 2" subject'/
to the following conditions:
1. Completion of recharge basin in Section I.
2. Bond accepted by the Southold To\~ Board for improve-
uents in the subdivision.
3. Receipt of inspection fee.
4. Recolillnendations of the Suffolk County PlaD~ing
Commission.
5. 111e map of the subdivision will not be signed until
all conditions are met.
Vo-te of the Board: Ayes: Wickham, Moisa, Raynor, Grebe.
* * -*
On motion made by Mr. Moisa, seconded by Mr. Grebe, it
i::as
(
RESOLVE:D to request a thirty--day extension on action- I
by c11e Southold TO\~ Plmming Board for the subdivision of
William Schriever in Or.ient for fu:ctller study of the traffic
report.
Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe.
------'
* * *
~~J~liQ. Mr. Luglio, two contractors and Mr. Sherwood appeared.
The following recommendations from Lawrence M. Tuthill, ./
P.E. under date of Jlme 2, 1975 were read.
1. That one entr?~ce be made onto Route 25 from either the
East Road or the West Road and such to be part of the sub-
division.
2. That the connection to Harbor Lane be made at the
extension of Pierce Drive or the property of Lademann and
Dobek.
3. That a recharge basin be placed on the North Road.
4. That the drainage water from Station 0-00 on the East
Road be piped to the above recharge basin.
5. That the drainage water at the entrance to Stillwater
Avenue on the South Road be piped to the recharge basin
betvJeen lots 34 and 35.
(
(
(
I). )..-
Planning BOa
.
Auat 20, 1975
.
-2-
Schriever.
The question of this property being developed in the
cluster concept was discussed as permission has not yet
been received from the Southold Town Board to develop this ./'
property in this maQner. It was the consensus that the
Town Board would look favorably on this idea if Mr. Schriever
were to dispose of the odds and ends on the property before
presenting it.
Motion was made by Mr. Raynor,
and carried to adjourn the meeting.
at 11:00 a.m.
seconded by Mr. Coyle
Meeting was adjourned
Respectfully submitted,
_n
Muriel Brush, Secretary
Southold Town Planning Board
JODB Wickham, Chairwan
Planning Boa.
.
-7-
. Sept.er 18, 1975
/.:>;
Greton. Dave Horton, Bill Gre~e and Gary Olsen appeared.
(
New profiles dated September 12, 1975 were studied.
Olsen said these were acceptable to Larry Tuthill.
hearing will be set when final maps are received.
Mr.
Public
,/
* * *
Hodor. Sound Shore Acres at Arshamomaque. Gary Olsen appeared.
It was suggested that the roads be named and the following
recommendations of Larry Tuthill, P.E. were presented, a
copy of which is to be mailed to Mr. Olsen.
1. Recommended that water mains be included.
2. Request that catch basins and leaching basins be
included at intersection of Albertson Lane and Road "A". /
3. Request that catch basins and piping be included
at intersection Albertson Lane and Road "C" to drain water
to recharge basin.
* * *
Col. Ted Dowd. Gary Olsen appeared.
The following recommendations of Lawrence Tuthill, P. E.
were read and a copy will be forwarded to Mr. Olsen.
It is noted that the recharge basin has been eliminated.
It is essential that this be included to take care of the
increased run-off caused by this subdivision.
,/
* * *
On motion made by Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED to approve the sketch map of the minor subdivision
./
of property o~~ed by Edward Gibbons located at Mattituck,
New York, on map dated June 12, 1975.
Vote of the Board: Ayes: Moisa, Raynor, Grebe, Coyle.
* * *
Simicich. Charles Cuddy appeared.
Mr. Cuddy and the Board discussed the recommendations of
the County PlaD~ing Commission as pertain to this subdivision. /
They are confusing and it was suggested that Mr. Cuddy
contact the To\~ Attorney for clarification.
* * *
,
\ Schriever. Charles Cuddy, William and Barbara Schriever
appeared. ./
,"
\
Planning Boar~
4ItePtem~ 18, 1975
/37
.
-13-
On motion made by Mr. Raynor, seconded by Mr. Grebe,
it was
RESOLVED to deny approval of the preliminary map of
property owned by William Schriever located at Orient ~
based on the fact that the Southold Town Board has not
given approval for this piece of property to be developed
in the cluster concept.
Vote of the Board: Ayes: Moisa, Grebe, Coyle, Raynor.
* * *
Motion was made by Mr. Coyle, seconded
and carried that the meeting be adjourned.
adjourned at 10:30 p.m.
by Mr. Grebe
Meeting
Respectfully submitted,
Muriel Brush, Secretary
Southold Town Planning Board
John Wickham, Chairman