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Home My WebLink AboutHighpoint at East Marion , . . RELEASED & EXPIRED SUBDIVISION BONDS - Update: 7/20/94 ADAM ASSOCIATES - letter of Credit for minor subdivision, $19,172.50, released 8/10/93. ALIANO PECONIC SUBDIVISION - Nicholas Aliano, $6,000.00 cash bond, released 12/21/93. BAYVIEW FARMS - at Orient, Peter Blank, Jr., cert. of deposit $140,000.00 reduced to $25,000.00 and released 1/18/83. BIG GREEN ACRES - Clarence Fleet, passbook $15,000. released 8/8/74 BIRCH HlllS- Birch Properties, Inc. Bond $13,000.00 released 5/19/70. BLUE HORIZONS, SEC. I - C.P.F. land Corp. performance bond $90,000.00 - 1977 BLUE HORIZONS, SEC.II- C.P.F. land Corp. performance bond $110,000.00 - 1977. BORN, FRANKLIN J.- letter of Credit for minor subdivision, $11,844.00 released 8/15/89. BREWER YACHT YARD, INC.- Passbook in the amount of $5,000.00 placed with the Town as a performance bond under the Brewer Yacht Yard, Inc. Soil Removal Permit. BROINGlOID-BY-THE-SEA- Charles Rand, passbook $2,600.00 released 6/10/80. CEDARFIElDS - letter of Credit $430,690.00 for completion of improvements in major subdivision at Greenport, Donald Bracken & Diane Carroll, released 12/10/91. C. P. F. lAND CORP. - subdivision abandoned 1/8/74 COREY CREEK ESTATES, South Fork Development Corp. $18,000 bond released 2/27/73 COUNTRY CLUB ESTATES, Babcock & Rimmler, perf. bond $100,000.00released on 7/9/79 CROWN lAND lANE, lefferts P. Edson, passbook $90,000.00released 12/18/79 DEEP HOLE CREEK ESTATES, Frank S. Zaleski, roads dedicated 8/28/73 EAST MARION WOODS, 70 Marion Associates, letter of credit released on 6/5/90. EASTERN SHORES, SEC. 2, H.J.S land & Dev. Corp. $13,000 bond released 9/20/66 EASTERN SHORES, SEC. 3, H.J.S. land & Dev. Corp. $12,000 bond released 9/10/66 EASTERN SHORES, SEC. IV, H.J.S. land & Dev. Corp. $18,000 bond released 9/10/66 . . ELIJAH'S LANE ESTATES, Shirley Saland, perf. bond, $25,000.00 released 12/18/79. ELIJAH'S LANE ESTATES, SECTION 2- $~86,~75.00 letter of credit, Union Savings Bank defaulted, lines of credit closed. Also conditional final approval expired. ~/15/93. ELIJAH'S LAND ESTATES, SECTION 3- $17~,710.00 letter of credit, Union Savings Bank defaulted, Iin,es of credit closed. Also conditional final approval expired. ~/15/93. FAIRWAY FARMS, INC., Babcock bond $32,000. released 11/2617~ FORDHAM ACRES, SEC. II, Ruth Preston & ors., bond $2,~00. released 10/10/67 GOLDEN VIEW ESTATES - Carmine Rufrano, Louis Bosco, & Bernard Cosimano (Golden View Estates, Inc.) - Performance Bond - 198~ $3~0,000.00 Released 1/20/87 GOLF VIEW ASSOC. SUBDIVISION - John Breslin, passbook $5,000.00 returned 6/6/89 GREENBERGER, FRANCIS, MAJOR SUBDIVISION - Scott Kaufman, $~,OOO.OO cash bond, released 12/7/93. GREENBRIAR ACRES,- Werner Adel, perf. bond for $1~2,000.00 for completion of roads and improvements - released on 10/5/82 GREEN FIELDS, Gorowitz, Hodor, & Barnett, performance bond-released 5/22/79 GRETON ESTATES, David Horton & ors. perf. bond $50,000.00, released 1/19/82 HARBOR LIGHTS ESTATES- Harold Reese, perf. bond $25,000.00 for completion of roads in Section I. released 9/22/81 HARBOR LIGHTS ESTATES- Harold Reese, certified check $2,500.00 for completion of Schooner Drive, released 12/8/81 HARBOR LIGHTS, EST., Reese,bond $25,000. - roads dedicated. HARVEST HOMES EST., Mary Grigonis bond $~2,000. released 3/27/73 HIGHPOINT, SEC. I - Herbert Mandel, letter of credit $120,000.00 _ released 8/13/85 HIGHPOINT, SEC. 11- Herbert Mandel, letter of credit $325,000.00 _ released 8/13/85 HIGHPOINT AT EAST MARION, SECTION III - Herbert Mandel, performance bond in the amount of $~~,350.00, released by Town Board on 5/8/90. HIGHPOINT AT EAST MARION, SECTION III - Letter of Credit for Firewell in the amount of $10,000.00 in major subdivision, released on 7/12/9~. . . HIGHPOINT MEADOWS Letter of Credit in the amount of $565,530.00 for road improvements Tn the major subdivision "Highpoint Meadows" located at Southold (DBM Affordable Housing Project). HIGHLAND ESTATES - Mohring perf. bond - $200,000.00 - released 6/3/86 HIGHWOOD ESTATES, loP. Edson, passbook $13,000, released 10/11/77 INLET EAST ESTATES- Esseks, Stark & Denis, perf. bond $36,000.00, released 4/8/80 JACKSONS LANDING, John Hurley, bond $26,500. released 9/28/72 JOLl ENTERPRISES- Un Jacinto - savings certificate $10,000.00 1981 for recreation center released 3/9/83 LANDS END - Lands End Realty $100,000.00 performance bond released by Town Board 8/12/86 LAUREL COUNTRY ESTATES, Emma Enterprises, Inc., bond $65,000. released 5/8/73 LAURELWOOD ESTATES, Martin Weglicki, bond $48,000 released 3/20/74 LEEWARD ACRES, Casbor Inc., Passbooks $59,504.39 released 3/27/73 LONG POND ESTATES, SEC. 1- J. Forchelli, perf. bond $350,000.00 _ returned 10/24/89 MOUNT BEULAH ACRES- Booth, performance bond $20,000.00 released on February 5, 1991. OREGON VIEW ESTATES - Louis Hodor, $100,000.00 bond, released 2/8/77 ORIENT-BY-THE-SEA, SEC. III, Walter Uhl, perf. bond $97,750.00 released 10/23/79 PARADISE-BY-THE-BAY LaMorte, passbook $53,000. returned 7/5/77 other substitute PARADISE-BY-THE-BAY- LaMorte, passbook $106,000.00 - Released 12/15/87 PEBBLE BEACH FARMS, Pebble Beach Realty, 2 bonds $380,000.00 released 3/11/80 PECONIC HOMES, SEC. 11- bond waived 10/10/67 PECONIC KNOLLS- Adelphi Land Corp., Steve Tsontakis & ors., perf. bond $26,760.00 ,released 10/4/83 PETTY'S BIGHT, Irving & George Newman, passbooks $55,000. released 2/8/77 REYDON COURT AT BAYVIEW - John A. Bertani, Letter of Credit $65,000.00 _ released 12/27/89 ROSEWOOD ESTATES, John & Rose Koroleski, passbooks $22,000. released 1.()/31 171 SAL TAIRE ESTATES, Casbor & Casola, passbook $10,000. Roads dedicated . . SEA AIRE ESTATES- Theodore Dowd - $35,000.00 - performance bond 1978 released 8/28/8~ SEBASTIANS COVE, SEC. 11- Toumanoff, performance bond, $125,000.00 Released 12/15/87 SHORECREST- Ruch, cert. of deposit $~2,000.00, released 9/9/80 SLEEPY HOLLOW ESTATES, Leo Kwasneski, perf. bond $53,000.00 - 1975 released 1/27/81 SOUNDVIEW ACRES AT ORIENT, Gloria Hornwood, passbooks $77,999.00 released 1/18/83 SOUTHOLD GARDENS, Richard Babcock, passbook $27,999.00 released 3/25/80 SOUTHOLD VILLAS, Peconic Properties Management Corp., $180,000.00, released 5/3/93. SOUTHOLD VI LLAS, Peconic Properties Management Corp., $358,000.00, released 5/3/93. SUNSET KNOLLS, Stanley Sledjeski, passbook $9,000. released 9/21/71 SUNSET KNOLLS, SEC. 2, Stanley Sledjeski bond $68,000. released 10/12/71 TOO-BEE REALTY - Sanford Hanauer, performance bond $~7 ,910.00, released 12/21/93. VISTA BLUFF, Rene Gendron, passbooks $7,000. released 5/6/69 WILLOW POINT, Bleecker Const. Co. Dond $19,000. released 11/26/7~ WOLF PIT ESTATES - Sebastian J. Navarra, Luis San Andres, & David J. Saland, performance bond $159,621.00, released 5/3/9~. YENNECOTT PARK, Donald Tuthill bond $~7 ,000. released 10/5/71 ~ t, All Drafts must be marked Drawn Under and Trust Credit No.: 149 Date: March 5, 1994 IRREVOCABLE LETrER OF CREDIT NO. 149 To Beneficiary: For Account of: Southo1d Town Board Southold, New York 11971 Herbert Mandel 443 Main Street Greenport, NY 11944 Up to An Aggregate Amount of: $10,000.00 Expiration Date: March 5, 1995 Gentlemen: We hereby issue our IRREVOCABLE LETrER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: signed statement by the Town Clerk certifying that the amount drawn represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section 111, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit Authorized Signature . 4 . ~~>..'..;;".'<C;'" IIc~t" .. S;i . 'p ~ '<:. = = <fl }~,' ~-...:. ... y. ?, (/ """',. .0' y....tI'..~'.. ",. "fl..'! ;4,. ." ~-"::. - ~- . JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Roc P.O. Box 1179 Soulhold. New York 11971 Fax (516) 765-1823 Telephone (5161 765-1801 REGISTRAR OF VITAL STA11STICS MARRIAGE OFFICER RECGRDS MANAGEMENT OFFICER mEEDOM OF INFORMATION OFFICER '-.'':':;;'.i./:' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1994 Herbert Mandel 443 Main Street Greenport, New York 11944 Dear Mr. Mandel: In accordance with the July 12, 1994 resolution of the Southold Town Board (certified copy enclosed), I am returning herewith your $10,000 Letter of Credit which was deposited with the Town of Southold for a firewell in the major subdivision of Highpoint at East Marion, Section III. Very truly yours, fihd~ Judith T. Terry Southold Town Clerk Enclosure cc: Planning Board Willim D. Moore, Esq. . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OI'FICER RECORDSMANAGEMENTOF~CER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 12. 19911: RESOLVED that the Town Board of the Town of Southold hereby releases the $10.000.00 Letter of Credit. deposited with the Town Board for a firewell in the major subdivision of Highpoint at East Marion. Section III. inasmuch as the court reversed the Planning Board's requirement for a firewell in that subdivision. //...,flJ~~ ~~~ Southold Town Clerk _.. July 13. 1994 . . , - - HERBERT R. lVlANDEL 0UlOAI.€ 1'1$ ./ 443 Main Street · Greenport, New York 11944 Phone: [516] 477-2223 Fax: [516) 477-2728 Feb~y 10, 1993 lUcJwtd G. WaJui, Cha-Vunan P.la.nn..Lng BoaJui 06Mc.e Town 06 Sou:thold 53095 MiUn Road P. O. Box 1179 Southotd, N.Y. 11971 Re: IMevoc.abte tefteJt 06 CJtedU no. 149 H.ighpoint a;t E. MaJUon, Sec..t. III Vealt Mft. WaJui; Endo.6ed ptea.6e Moo :the ftequu:ted ex:ten.6.ion 06 :the tefteJt 06 CJtedU 60ft :the above .6ubjec..t. The new exp~n da:te .i.6 MaJtc.h 5, 1994. I :tJtu.6:t :tha;t:th.i.6 1t0..6 fteac.hed you .in .6u6 Mc.-ien:t ;time 60ft yoUJt Fe~ 23Jtd meeting. ,", HRM/.6 P End. ", ~.. ;;. l ,_ . \!!J S0U1\\OLlll0rJ!> '" ,,;'iNltlG\30 ~ . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Or1owski, Jr. MarX S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 SouthoJd, New VorX 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS July 12, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Judith Terry, Town Clerk Southold Town HaIl Main Rd. Southold, NY 11971 RECEIVED Re: Ml\ior Subdivision for Highpoint at East Marion - Section 3 SCTM# 1000-31-3-11.25 J'" u'- 1 '. F\lJ ... '-',-< T Sou/hold Town CI",rk Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 11, 1994: BE IT RESOLVED that the Southold Town Planning Boanl recommend to the Town Boanl that the Penormance Bond in the amount of $10,000.00 for the above mentioned subdivision be released. The decision of the Court in reganl to Hernert Mandel v Planning Boanl revened the Planning Boanl's requirement in reganl to the firewell. Therefore, the $10,000.00 Letter of Credit deposited as a bond for the installation of the firewell is no longer required. Please contact this office if you have any questions regarding the above. Sincerely, 7?~ 4 1ttJ Richard G. Ward 11:11 Chairman cc: James Richter, Town Engineering Inspector William D. Moore, Attorney enc. t .$ut3Pi lC ?,t:>fi"Z;> PiL /115 ~ All Drafts must be marked Drawn Under and Trust Credit No.: 149 Date: March 5, 1994 IRREVOCABLE lEITER OF CREDIT NO. 149 To Beneficiary: For Account of: Southold Town Board Herbert Mandel Southold, New York 11971 443 Main Street Greenport, NY 11944 Up to An Aggregate Amount of: Expiration Date: $10,000.00 March 5, 1995 Gentlemen: We hereby issue our IRREVOCABLE lEITER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: signed statement by the Town Clerk certifying that the amount dra,~ represents sums due under or in connection with the Performance Bond of Highpoint at East t~rion, Section Ill, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit AuthorizeaSrgnature ~ ~ ,\ '\ ) -'-'!"<O '. , ,:" 1 ',; -",1 ,..~..... . I .,-, . , , \ ' \ ' .... , ... ; 1ST CASE ~Level 1 printed in FULL ~at. PAGE 2 In the Matter of Herbert R. Mandel, appellant, v. Bennett Orlowski, etc., et al., respondents. Mandel v. Orlowski 92-06379 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1994 N.Y. App. Div. LEXIS 5699 April 25, 1994, Argued May 31, 1994, Decided NOTICE: [*1] THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION. COUNSEL: Moore & Moore, Mattituck, N.Y. (William D. Moore of counsel), for appellant. Harvey A. Arnoff, Southold, N.Y. (Matthew G. Kiernan and Laury Dowd of counsel), for respondents. JUDGES: LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, CORNELIUS J. O'BRIEN, DANIEL W. JOY, JJ. OPINION: DECISION & ORDER In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Southold Town Planning Board dated June 24, 1991, which directed the placement of a firewell as a condition to the granting of the petitioner's application for subdivision plat approval, and for related relief, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), dated December 17, 1991, which dismissed the proceeding. ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination dated June 24, 1991, is annulled, and the respondent Southold Town Clerk is directed to file a certificate stating that the respondent Southold Town Planning Board failed to take action on the submitted subdivision plat within the time provided [*2] by law. On June 4, 1991, the respondent Planning Board of the Town of Southold purportedly granted the petitioner's subdivision application "subject to the decision of the Planning Board for the need of a firewell". This action did not constitute a "conditional approval" of the subdivision plat within the meaning of Town Law @ 276(7)(a). Instead, it constituted a further deferral of the ~ecision as to whether a firewell would or would not be required. Accordingly, ~hether we apply the 45-day period in effect at the time of the determination 1ated June 4, 1991 (see, Town Law former @ 276[4]) or the 62-day period which lOW governs (see, Town Law @ 276[6]), it is clear that the respondent Planning ~oard did not dispose of the petitioners' application in a timely manner. ~erefore, the petitioners' subdivision application should be deemed to have . ~t been granted on default. The subsequent determination dated June 24, 1991, must be considered a nullity (see generally, Matter of King v Chmielewski, 76 NY2d 182, 556 N.Y.S.2d 996, 556 N.E.2d 435; Matter of Pope v DePoala, 176 A.D.2d 1017, 574 N.Y.S.2d 869). [*3] In light of our decision on this issue, the appellant's remaining contentions need not be addressed. 199441ty. App. Div. LEXIS 5699, ~ PAGE 3 BRACKEN, J.P., SULLIVAN, O'BRIEN and JOY, JJ., concur. . . )..;?G,!tt- P; /l,b /21:5 L. (;Jo;.(!) -7. ''III'!''~.; MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 William D. Moore Patricia C. Moore Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowski Secretary June 10, 1994 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Herbert R. Mandel v. Bennett Orlowski, Chairman, Richard Ward, Kenneth Edwards, Richard Latham and Mark MCDonald, constituting the Southold Town Planning Board and Judith Terry, in her capacity as Southold Town Clerk Dear Ladies/Gentlemen: Enclosed please find a copy of the court's Decision in the above referenced matter. Pleae take the necessary steps to release our client's letter of credit. Thank you. Very truly yours, WDM/mr Ene. ~~,(O~~ William D. Moore 1fD) U, & ~ u Iml' UIJ - I... IU I . ---.l SOUfHOLD KiiN PLANNING BOARD . ;.~i:::':':"!:'<(':-?>~~~~~~!':~/;tC.~;;~'f,:;"Y~>:,.,;: :" :.:i~~;:~;~~,lr~h:i:\7\'-'.::: "."<'..' .,. ;"",.-,. ....."... 'l'l~<.:""-' :..~,;~,:> ~0;~~~';,1Y Si:,:[:;:~.,-'-i~l-f:'/':~~::' ~:;./-;,','< ~.'::-~,:g;:,';.." ~;'~: t;:~~}jf ;:'./::: ,', '\-"",,-d.."f:'., -- "'^'l,,! "- ,- " ',' ,. .. .. .. J "I n, 'L,' -... "" "./ - i '.., ',~ ,\' I I .. , o' ., -::.f' '--:', '~'. ,~;}~:' ~:-.:;~}). !'J~;~~~ :';k: ',,' .,;tr, '~~$.~' :~;~~1 I~~ . :'~;;<-'~ . . . . PLANNING BOARD MEMBERS SCOTf L. HARRIS Supervisor RIchard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards Town HaD. 53095 Matn R""d P. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Fax (516) 765.1823 CERTIFIED MAIL RECEIVED fEB 2 1S94 February 1, 1994 Southold Town CIeri< Herbert Mandel 443 Main St. Greenport, NY 11944 Re: Irrevocable letter of Credit 149 for High Point at East Mari.on Section III SCTM# 1000-31-3-11.25 Dear Mr. Mandel: The Town of southold is in possession of Irrevocable Letter of Credit 149 in the amount of ten thousand ($10,000.00) dollars from the Bridgehampton National Bank, a copy of which is enclosed herewith. This letter of credit is due to expire on March 5, 1994. The purpose of this letter is to request the issuance of an extension of this letter of credit due to the fact that the fire well (the public improvement for which the letter was posted) has not been installed. An extension to this letter must be submitted to this office before the expiration date. Please be aware that due to the timing of the Town Board's meetings, if the extension to the letter of credit is not received by the Planning Board office by noon of February 23rd, 1994, there will be a resolution before the Town Board on February 24, 1994, to authorize the Town to draw on the Letter of Credit if the extension is not received by noon on March 4, 1994. f .',:~..-~.-.~ , . . . Page 2 Irrevocable Letter of Credit - High Point at East Marion February 1, 1994 If you have any concerns or questions, please do not hesitate to contact this office. Sincerely, fl~~ Melissa Spiro Planner enc. cc: Anthony Leone, Bridgehampton National Bank Judith Terry, Town Clerk ~y.. .' r-...'..-----.-------~~- I , i_Date: -~ I i All Drafts must be marked I Drawn Under and I Trust Credit No.: 149 , I i I I I I To Beneficiary: ! i I Southo1d Town Board I Southo1d, New York March 5 , 1993 IRREVOCABLE LEITER OF CREDIT NO. 149 Herbert Mandel 443 Main Street Greenport, NY 11944 I I For Account of: j , I 1_____ n_______~___ I Up to Aggregate Amount of: I i $10,000.00 L_____.______ ..__.. Gentlemen: rXPiration Date: March 5, 1994 -~-~ We hereby issue our IRREVOCABLE LEITER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: signed statement by the Town Clerk certifying that the amount drawn represents sums due under or in connection with the Perfonnance Bond of Highpoint at East Marion, Section III, Inc. ,_,__..,,_____.__ ,'"I)l il n I IJl: I ' l:-_-'_,-,~", SOJ;~!(::.0 -I:~':- . P! "'1"""1"'" , Unless otherwise expressly stated, this credit is subject to the uniform custoIm-flntl-pradiee'for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. ;: I!: ";' ; u; \ ,W We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit. Sinz_-- yours, ___ Xillfiorize - "'--- .' Ii) " \ .AiitnorizeifSigriature-------- -- ,J 1\'1 " ,\ ' (. (. HERBERT R. :MANDEL 443 Main Street. Greenport, New York 11944 Phone: [516] 477-2223 Fax: [516] 477-2728 Feb~y 10, 1993 TUeh.cvt.d G. WaJui, CIuUJuna.n Pfut'lYling BoaJui 06Mc.e Town 06 Sou.thotd 53095 Ma.ht ROM P. O. Box 1179 Sou.thotd, N.Y. 11971 Re: IMevoc.a.bte te.tteJt 06 cJtedU no. 149 H.i.ghpo.i.M. CLt E. MaJUon, Sea. In VeM Mfr.. WMd; En&o.6 ed pteM e Moo :the ltequ.e.6:ted ex:teyt./).i.o n 06 :the te.tteJt 00 cJtedU OOft :the a.bove .6u.bjea. The new exp~n dCLte .{../) MMc.h 5, 1994. 1 :tItu..6:t :thCLt :th.{../) Ita../) Itea.c.hed you. .{.yt .6u.66.i.ueM. :t..ime 60ft YOM Fe~y 231td mee.U.ng. . --, VeJtlf :tItu..ty YOUlt4j , HRM/.6p En&. ,'O'_~'. ,.' 't"'''' \~;';~.I \ ~;g3 .~ ~SOU1\10LIl10~'f\l '" ',,,iN\NG 60~ ~- SuI3At.E f1 S. ./ . . . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouIhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 1993 Herbert Mandel 443 Main Street G reenport, New York 11944 Dear Mr. Mandel: We are in receipt of your new $10,000 I rrevocable Letter of Credit (expiration date March 5, 1993), which is being held by this office as a performance bond with respect to Highpoint at East Marion, Section III. I am returning herewith your Letters of Credit which expired March 5, 1992 and March 5, 1993. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosures . Bridgehampton National Bank All Drafts must be marked Drawn Under and Trust Credit No.: 149 Date: March 5, 1992 IRREVOCABLE LEITER OF CREDIT NO. 149 To Beneficiary: For Account of: Southold Town Board Herbert Mandel Southold, NY 443 Main Street . Greenport, NY 11944 Up to Aggregate Amount of: Expiration Date: $10,000.00 March 5, 1993 Gentlemen: We hereby issue our IRREVOCABLE LETTER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: signed statement by the Town Clerk certifying that the amount drawn represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section III, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit. Sincerely yours, /~4A1/~ Authorize 19nafure 'I ) Authorized Signature .' ,..........., ce Bridgehampton National Bank All Drafts must be marked Drawn Under and Trust Credit No.: 149 Date: March 6 1991 IRREVOCABLE LE1TER OF CREDIT NO. 149 To Beneficiary: For Account of. Southold Town Board Herbert Mandel Southold, Ny 443 Main Street Greenport, NY 11944 Up to Aggregate Amount of: Expiration Date: $10,000.00 March 5, 1992 Gentlemen: We hereby issue our IRREVOCABLE LETTER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: statement signed by the Town Clerk certifying that the amount drawn represents sums due under or in connection with the Perfromance Bond of Highpoint at East Marion, Section III, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit // Ignature /(!./[C-<.L( Authorized Signature ,~ . . .(~h~/ Bridgehampton '<; ,~ ' - National Bank , ,.' ...' ~..tr .-/', '--""'- , /"/ All Drafts must be marked , Drawn Under and I Date: Trust Credit No.: 149 March 5, 1992 IRREVOCABLE LEITER OF CREDIT NO. 149 To Beneficiary: For Account of: Southold Town Board Herbert Mandel Southold, NY 443 Main Street Greenport, NY 11944 ! i Up to Aggregate Amount of: Expiration Date: $10,000.00 March 5, 1993 Gentlemen: We hereby issue our IRREVOCABLE LETTER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and the following documents: signed statement by the Town Clerk certifying that the amount drawn represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section III, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits '83 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York on or before the expiration date of this Credit. Sincerely yours, /~~6~ AuthoriZe 19na re :,'.' t') \ ) ~ 1 Authorized Signature . (-'f/J~<', 0;__ .,:Jj~IlHOl.t?~, l{'''~..... t'a 'i~\ ,~"" ~" /'''............. ;'........ ,. ~ N... \,! 25' t ' =-' ", CI'J ie,. Vi-' ~ !,\ ~ -,'.', ~,~'iL' ~ (:; .0 '_'(C, ....,\, ~ 4 ,'::'''' ".,',' , '. \; '.' 'J:,~ '~i ",,<- ('e ., 'r/)'I) ':" I" ">" .'1 .:t.c-'i.~ ,) '-~>>;r/;;~//./_:)Ij:dy . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards SCOTI L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 Certified Mail: February 21, 1992 Herbert Mandel 443 Main Street Greenport, New York 11944 Re: Irrevocable Letter of Credit 149. for High Point at East Marion, Section III SCTM # 1000-31-3-11.25 Dear Mr. Mandel: The Town of Southo1d is in possession of Irrevocable Letter of Credit 149 in the amount of ten thousand ($ 10,000.00) dollars from the Bridgehampton National Bank, a copy of which is enclosed herewith. This letter of credit is due to expire on March 5, 1992. The purpose of this letter is to request the issuance of an extension of this letter of credit due to the fact that the fire well (the public improvement for which the letter was posted) has not been installed. An extension to this letter must be submitted to this office before the expiration date. Please be aware that due to the timing of the Town Board's meetings, if the extension to the letter of credit is not received by the planning Board office by noon of February 25th, 1992, there will be a resolution before the Town Board that afternoon to authorize the Town to draw on the Letter of Credit if the extension is not received by noon on March 5, 1992. If you have any concerns or questions, please do not hesitate to contact Valerie Scopaz, Town Planner, or Matthew Kiernan, Assistant Town Attorney. Sincerely, Bennett Orlowski, Jr. Chairman. cc: Judith T. Terry, Town Clerk Matthew Kiernan, Assistant Town Attorney Anthony Leone, Bridgehampton National Bank .' ... BridgehamPtott!/;;~ff~' B National -#--e~rnt- lIT Bank , ,. :-so- All Drafts must be marked Drawn Under and Trust Credit No.: 149 Date: March 6 1991 IRREVOCABLE IEITER OF CREDIT NO. 149 To Beneficiary: For Account of. Southold Town Board Herbert Mandel Southold, Ny 443 Main Street Greenport, NY 11944 Up to Aggregate Amount of: Expiration Date: $10,000.00 March 5, 1992 Gentlemen: We hereby issue our IRREVOCABLE IEITER OF CREDIT in your favor available by your drafts drawn at Bridgehampton, New York on ourselves, accompanied by the original of this Letter of Credit and thefoIIowing documents: s ta tement signed by the Town Clerk certifying tha t the amount drawn represents sums due under or in connection with the Perfromance Bond of Highpoint at East Marion, Section III, Inc. Unless otherwise expressly stated, this credit is subject to the uniform customs and practice for documentary credits 183 Revision International Chamber of Commerce Publications No. 400. We hereby engage with you, that all drafts drawn under in compliance with the terms of this Credit will be duly honored, if drawn and presented for payment at our office in Bridgehampton, New York 09 or before the expiration date of this Credit Sincere~ yours, ,/ \ 2---\ Authorized Signature . \ J J( (C L '- <: . .' Authorized Signature , . . . HERBERT R. :MANDEL 443 Main Street. Greenport, New York 11844 Phone; [516] 477-2223 Fax; [516J 477-2728 MMC.h 8, 1991 Judy T ViAy, Town ctVtk Town 06 Southold Town Hall. 53095 Ma..i.n Road P. O. Box 1179 Southold, N.Y. 11971 Re.: H.-i:ghpo.-i:/'Lt @ EM.t MaM.on Se.cU'(Jn HI SCTM #1000~31~3-11.25 RECEIVED MAR 11 1991 SoulhoId T~....~ rt-Ir VeM Judy; I am e.nc1.o!i.-i:ng .the. /l.e.qu.br.e.d teftvr. 06 CJr.e.dU -i.n c.onne.w.on with .the. above. c.a.pti:ene.d !iubje.c..t and nOIL yoWL c.onve.rvLe.nc.e. I am nO~l.dlng a c.oP!f nOIL .the. p.earuu:ng bOMd. I woatd appILe.Ua..te. ffCWLu.s'Uttt e.xpe.cUtiCU!i handLi:ng 06 .tM.s ma..ttvr. and l6 .thvr.e. 4,- any 6wr..thvr. .-i:n60Juna..t<.on you ne.e.d, do no.t huUa.te. .to c.a..U upon me.. HRM/4p End. c.c.: pta.nrvLng boMd .. .. " . RIvE~EAD SAVINGS ~ANKI'I' RIVERHEAD (Main Office) 7 West Main StreeteRiverhead, New York 11901-9988e369-8500 March 5, 1990 Southold Town Board Southold, New York Re: Letter of Credit #00290 Performance Bond $10,000.00 Highpoint at East Marion, Section III Gentlemen: We hereby establish our Irrevocable Letter of Credit #00290 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Ten Thousand and 00/100 ($10,000.00) Dollars. Said monies to the extent necessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete road improvements to the subdivision known as Highpoint at East Marion Section III, Town of Southold, New York. Funds under this Letter of Credit are available against the Town's draft on us presented at our office no later than March 5, 1991. All drafts drawn hereunder must also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section III, Inc. This Letter of Credit is not transferable. This credit is subject to Uniform Customs and Practices for Documentary Credits (1983 Revision) International Chamber of Commerce Publication #400 except as expressly provided herein. Very truly yours, BANK, FSB . Anr~g, Pres~dent G:t ,-- L.-t:~DI!" · EAST NORTHPORT 580 Larkfield Rd. 368-5900. LAKE GROVE 2835 Middle Counrry Rd. 585-1100 · BAY SHORE 380 E. Main St. 968-8600. MEMBER FDIC RIvE~EAD SAVING~BANKFSB RIVERHEAD (Main Otfice) 7 West Main StreetoRivethead, New Yotk 11901-99880369-8500 March 5, 1990 Southold Town Board Southold, New York Re: Letter of Credit #00290 Performance Bond $10,000.00 Highpoint at East Marion, Section III Gentlemen: - We hereby establish our Irrevocable Letter of Credit #00290 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Ten Thousand and 00/100 ($10,000.00) Dollars. Said monies to the extent necessary to complet~ the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete road improvements to the sUbdivision known as Highpoint at East Marion Section III, Town of Southold, New York. " Funds under this Letter of Credit are available against the Town's draft on us presented at our office no later than March 5, 1991. All drafts drawn hereunder must also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under orin connection with the Performance Bond of Highpoint at East Marion, Section III, Inc. This Letter of Credit is not transferable. This credit is subject to Uniform Customs and Practices for Documentary Credits (1983 Revision) International Chamber of Commerce PUblication #400 except as expressly provided herein. Very truly yours, RIVE BANK, FSB rt ~rrg, Pro"rdont G:r --- LIND.It · EAST NORTHPORT 580 larkfield Rd. 368-5900. LAKE GROVE 2835 Middle Country Rd. 585-1100 · BAY SHORE 380 E. Main St. 968-8600. MEMBER FDIC RIvE~EAD SAVING~BANKFSB RIVER HEAD (Main Office) 7 West Main Srreet.Riverhead, New York 11901-9988.369-8500 March 5, 1990 - Southold Town Board Southold, New York Re: Letter of Credit #00390 Performance Bond $44,350.00 Highpoint at East Marion, Section III Gentlemen: We hereby establish our Irrevocable Letter of Credit #00390 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Forty Four Thousand Three Hundred Fifty and 00/100 ($44,350.00) Dollars. Said monies to the extent necessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete road im~rovements to the subdivision known as Highpoint at East Mar1on, Town of Southold, New York. Funds under this Letter of Credit are available against the Town's draft on us presented at our office no later than March 5, 1991. All drafts drawn hereunder must also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section III. This Letter of Credit is not transferable. This credit is subject to Uniform Customs and Practices for Documentary Credits (1983 Revision) International Chamber of Commerce Publication #400 except as expressly provided herein. Very truly yours, G:t ,-- I..HO.'" · EAST NORTHPORT 580 Larkfield Rd. 368-5900. LAKE GROVE 2835 Middle Country Rd. 585-1100 · BAY SHORE 380 E. Main St. 968-8600 . MEMBER FDIC . ..-,:-..::..":::7-..... . . 'I' '"' ,d~__... r' ,( ". ..... '. .,,~, .'. > -';'t;...~.... ....~~. .' '~~J~: ...... .... '? ~-\ :.::-; ",:.' j ='-:i \.:;~ ...~.~..;,~~) ;'?:",~."., " ... n .-,_J :\1 -~'l '~_".""'.!/ .-_,-.,._~_.,i/ 'n-:(.1.~1 . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD -. THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 13, 1990: RESOLVED that the Town Board of the Town of Southold hereby accepts the I rrevocable Letters of Credit in the amount of $10,000.00 for a Fi rewell, and $44,350.00, submitted as a bond for roads and improvements in the major subdivision of Highpoint at East Marion, Section I J I, all in accordance with the Town Board resolution of December 27, 1989 approving the amount, as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. - ~~ /Z 'J~ftt:.r~~ Southold Town CI~r.v March'15, 1990 " " \ . 1 . . ", ......" - . ~~-- - : --: i~: . c' :""_ . '- " , 1 '"td">. '\ '1 !::;.' ".\ . I r ~ ,,' ~" '" '~ , - -'. ''';1- .-.) 'I.. l -- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765.1823 TELEPHONE (516) 765-1801 \. '.-:.., JUDITH T. TERRY TOWN CLERK REGISTRAR OJ: VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUfHOLD - THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the reduced bond estimate for Highpoint, Section III subdivision from $55,350.00 to $54,350.00, which original estimate was approved by the Town Board on November 28, 1989; said reduction all in accordance with the recommendation of the Southord Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. /7 C:d~~ ~:r. Terry C/ Southold Town Clerk December' 28, 1989 , . . :<J;t.(:;r~,~":.'>\ """~"{" ',';.,) .::.":;;? d.. .}~. "~';"""~ 1. i 2 ,.,"< ',,~,",_:'~:,;{ f,;) ':.J") ,~" :"-'.~' I""" '.\ ,~~::~~,,','. ,;t:/(""'. ;":-:j '/",i~~",\"" ! "-"~7 ,"~ -,'"",) .j' I ',' '. .,1, " '" - . Town Hall. 53095 Main Road P,O, Box 1179 Southold. New York] 197] TELEPHOSE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 26, 1989 , , , Judith Terry Town Clerk Southo1d, NY 11971 RE: Highpoint at East Marion SCTM #1000-31-3-11.25 Dear Mrs. Terry: The fOllowing action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the Southo1d Town Planning Board reduce the previously adopted bond estimate by $1,000.00, for a total of _ $54,350.00, and recommend to the Town Board that they adopt same. A bond estimate for $55,350.00 was previously adopted by the Town Board on November 28, 1989. The bond estimate is now being amended to delete the street light, thus the 1,000 dollar reduction in the bond estimate. If you have any questions, please do not hesitate to contact this office. / /, - ~ , . .(. .. //,/' 'ver~<trUl1'<'~~ur. s/' . (' /;1' 1-7 \ i';, i I......' " ,-,-,C't ...-.-_o1..__....-(4,.:... ....."'" / V,--),.l~"','ryF''/ 0. /';/ " '. ,f'~:" ' Bennett Orlowski, Jr. Chairman enc. jt ; . . " .. .. .. 1 ,Slo'NEY B. BOWNE .N J ~ , , , ", ,,' . ..!1i!i 1. 2. 3. 4. 5. 6. 7. B. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. h:("",,,,,~ I~ i/<fi~;cl '<eVlsPd 1<17Il1'i SSB NO. B7518 V..'!'. 0/127 ( BOND ESTIMATE FOR HIGH POINT AT EAST MARION (SECT. '3) lOCATED AT EAST MARION, TOWN OF SOUTHOLo SUFFOLK COUNTY, NEW YORK 160 1. f. 2.00 20 l.f . ,10.00 20 ea. 200.00 8 ea. 80.00 Job L. S. 1 ea. 10,000. sub-total 6%. I nspection fee Toatal oESCR IPTION QUANTI TY 450 c.y. Unclassified Excavation Fine Grading l,llJO s.y. 70 1. f. Saw Cut Concrete Pavement Removal 20 s.y. 30 1. f. Furnish and Lay 18" CMP Furnish and Install Catch Basins 2 ea. Furnish and Install Leaching Basins - 10' 0.0. 30 v.f. Concrete Curb 65 1. f. Concrete Sidewalk 180 s.f. Dense Graded Aggregate Base Course 110 c.y. Bituminous Pavement Binder Course - 2-112" Thick 130 Tons Bituminous Pavement Wearing Course - 1-1/2" Thick 75 Tons Topsoil & Seeding 450 s.y. Direct Burial Cable Electric Cable in Conduit Street Trees Concrete Monuments Maintenance & Protection Of Traffic Firewell UNIT PRICE 6.00 1.50 3.00 5.00 30.00 2,000.00 300.00 10.00 3.50 30.00 60.00 60.00 5.00 ( October 12, 1989 AMOU $ 2,700 1,650 210 100 900. 4,000. 9,000. 650.[ 630.1 3,300.( 7,800.0 4,500.01 2,250.0C 320.0C 200. DC 4,000.00 640.00 1.500.00 10,000.00 = 5 <t350.00 = 3,.261.00 =57,611.00 ("1........... 1 _ L" " . . . i'. ~ . . , , it '", '. JUDITH T. TERRY TOWN ClERK REGISTRAR OF VITAL STATISTICS ;;' J, (~j'"- \:\ ,.: . '. , .., <,~.:,. '\. ,v . """~?,"',,-,- "'1.J"11 ~ ',i ," Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 76s.J801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 28, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $55,350.00 for a bond for roads and improvements in the subdivision of Highpoint, Section III, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. '"~J~L~/-- r.~Judith T. Terry (/ Southold Town Clerk December 1, 1989 . " . . ,....~..r:'~"._:,'?-., "-,..- ,'\'j;'" l(f'-',,--'\, ,. ~....\ .... ',', ':".' '\\ .. ::;t /" \:;~i\ : .i..:....-.....~,., "~J,.: ';' _~ ., - - - t~,_'.-, ,11 1';"") ,'';': ':, ~ _ \ ,'~. "-'. ' .- ... :.~ . . :"'i"I'':'?:FI'/ ., '.,' ,.y _ 1 I' .>" "::::-;:;:'.:'-.,~'. . Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York] 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 . ~:C( :\;~Q Judith Terry Town Clerk Southold, NY 11971 .- ,. "';~',;~i ,- -" ., ~l,. RE: Highpoint Section III SCTM #1000-31-3-11.25 Dear Mrs. Terry: The fOllowing action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board accept the bond estimate in the amount of $55,350.00 and recommend to the Town Board that they approve same. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~---;7 / // /-/:7 /~ ;I ~7''r.- /" / .//,Y 1.-;' f --/ . "'(/fU'/"/ J/.v,l</'-------v~.......--;. ~~ennett Orlowski, Jr. p7~ Chairman enc. jt . ,. . ,) , . .ISiu'NEY:B. BOWNE & SON . ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. I" /. 18. 19. SBB NO. 87518 V.M. 0/127 . . . r "- October 12, 1989 BOND ESTIMATE FOR HIGH POINT AT EAST MARION (SECT. 3) LOCATED AT EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK UNIT DESCRIPTION QUANTITY PRICE AMOUNT $ 2,700.00 1,650.00 210.00 100.00 900.00 Unclassified Excavation 450 c.y. 6.00 Fine Gradin9 1,100 s.y:" 1.50 Saw Cut 70 1. f. 3.00 Concrete Pavement Removal 20 s.y. 5.00 Furnish and Lay 18" CMP 30 l.f. 30.00 Furnish and Install Catch Basins 2 ea. 2,000.00 Furnish and Install Leachin9 Basins - 10' 0.0. 30 v.f. 300.00 Concrete Curb 65 l.f. 10.00 4,000.00 9,000.00 650.00 630.00 Concrete Sidewalk 180 s.f. 3.50 Dense Graded Aggregate Base Course 110 c.y. 30.00 3,300.00 Bituminous Pavement Binder Course - 2-1/2" Thick 130 Tons 60.00 7,800.00 Bituminous Pavement Wearing Course - 1-1/2" Thick 75 Tons 60.00 Topsoil & Seeding 450 s.y. 5.00 4,500.00 2,250.00 2,000.00 320. 00 200.00 4,000.00 640.00 Street Lights 2 ea. 1,000.00 Direct Burial Cable 160 l.f. 2.00 Electric Cable in Conduit 20l.f. 10.00 Street Trp.es 20 p.a. 200.00 Concrete Monuments 8 ea. 80.00 Maintenance & Protection Of Traffic Job L.S. 1,500.00 SUB - TOTAL = $46,350.00 INSPECTION FEE 6% = 2,781.00 TOTAL = $49,131.00 Sheet 1 of 1 ~r' ./ ~. , \ ( ~ ..' ". RA'rMONDL JACOBS Supefirllende1l1 . · GOPY rOR YOUR !fJfORMATlOrt Highway Department TDwn of South old Peconic Lane Peconic, N.Y. 11958 Tel 765.3140 734.5211 April 25, 1990 RECEIVED 4PR 2 ;'Sj990 ~.~fl.J)"",..f r...... _ .-1....1., Mr. Bennett Orlowski, Jrs., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Highpoint, Section III East Marion Dear Mr. Orlowski: I concur with inspection report SBB 87518 of April 19, 1990 (copy attached) and recommend release of the bond. Respe~, RaYm~7:::1~ Superintendent of Highways cc: V Southold Town Clerk Southold Town Boar Mr. Herbert Mandel .' , F , \ > . . BOWNE . SIDNEY B. BOWNE & SON FOUNDER Sidney 8. Bowne, P.E., L.S. (1922-1959) PARTNERS CheslltC. Kel,.y, P.E., L.S. RobertA. Stanton, P.E. Robert W. Bro.....n, loS. ZabdielA. Blackman, P.E., loS. Ff/Illk J. Antelomaso. P.E. ASSOCIATES GeorgiA. Slyle, P.E. Jerry O. Almont, P,C. Georgel. Fagan, Jr., Ph.D., P.E. Frank Capobianco, C.E. PllulF, S'llIens, P.E. Roger l. Cocchi, P.E. SPECIAL CONSULTANTS Thomas A. Prnchon, loS. Prof. H. F. SOltlngen. P.E.,loS. SENIOR STAFF FrancisJ. Lynch Philip Schlolzhluer Joseph F. SIegman WiUiamT.Slyne Richard a.Weber RlllphAnderson. L.S. A. Sa,lon Cus, P.lO. Fred'icG. Griffiths, Jr., L.S. And,.,,,; Harris, P.E. GreggG. Kelsey, P,E. O.ne C. Kenny, P,E. Howard W. Miller, P.E. Richard P. S'Ullah, P.E. April 23, 1990 Mr. Raymond Jacobs, Supt. of Highways Town of Southold Peconic Lane Peconic, NY 11958 RE: POV807, 2110, High Point, Section 3 East Marion, New York SBB 87518 SCTM 1000-31-3-11.V5 Dear Sir: An inspection of this subdivision was completed on 4-19-90 by this office. , We find that all work has been completed satiSfactorily and exped ious 1 y and we recommend acceptance. Very truly yours, SIDNEY 8. BOWNE & SON CONSULTING ENGINEERS t2~ Can/.! A. BAR ON ASS ABC: ls cc: Ray Dean o ill: (b IIh WC'; i n I APR -;' 5 199) , ,- ~ ' f ,1 .''''; , , (;P!.l 45 Manor Road. Smilhtown, New York 11787. (516) 724 _ 0611 235 East Jericho Turnpike. P.O. Box 109. Mineo/a, New York 11501 . {516' 746 _ 2350 . . -- .' l' :E:EREERT R. :wrA.NDEL 443 Main Street · Greenport. New York 11944 Telephone: (516) 477-2223 COpy FOR YOUR 1'!fnr'/'.~n!l'1 ,. ':., l'li! Southold Town Planning Board Main Road, Southold, NY 11971 Attn: Mr. Bennett Orlowski, chairman Subject: Highpoint at East Marion, Sect. III Re: our letter dated Sept. 20, 1985 Gentlemen; With further reference to the above captioned subject and for your additional consideration I would like to submit the fOllowing: November 21, 1985 RECEIVED Nav 2 1 'oa- i" b lown Clerk Southo'd On February 22, 1982 I was addressed by the East Marion Fire District relative to their possible need for additional land. Subsequently, I met with the Fire District at their request and voluntarily agreed to give them a piece of land from the acreage purchased by me. I subsequently indicated the approximate location of said land on the map to be filed and approved. Without knowing the exact dimensions and location of the section to be dedicated and that said division would be approved, I believed it necessary to wait for final approval of the map upon 'which was indicated and is shown clearly the approximate location of the area which wan subsequently deeded in August, 1984 and comprises 10,314 sq. ft. Until the issuance and acceptance of that deed it was impractical to subdivide this minor section of three acres. I appreciate that it is probable that a variance permitting the subdivision of this 3 acre parcel into 3 one acre residential lots would be granted, particularly in view of the fact that the proposed Master Plan recommends one acre zoning for this area abutting a fire house, a bungalow colony and my 1 acre subdivision known as Highpoint. However, I note that in the Town Code under Article Section A-I06-50, "Variations in Cases of Hardship"; Pg. for your convenience: "Where the Planning Board finds that extraordinary and unecessary hardship may result from strict compliance with these requirements it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nUllifying the intent and purpose of the Official Map, the Master Plan of the Zoning Ordinance, if such exists." 5,..."Variances A 10637; and and Waivers II; I quote To require me to go through the extraordinary expense of obtaining a variance coupled with the lo~s of time involved as a result of my having already donated ~ acre of land with the costs of surveys, etc., I submit i~ a hardship well within the meaning of the code and ask your indulgence in this matter. Your prompt consideration and reply would be appreciated. For your convenience I l1ave enclosed a copy of the relative section of the approved filed map. HRM:vct copies to Southold Town Board East Marion Fire District ~lC, 'ctru:y, Yhl u r '~'" " . I. I r . j '.~ "~~"'~' /~ , ~ . @, \,. , . ---_\19 -~ , ........,.... . ....-..... ..- --....-....... '-.,....,... ",.,_' ~ ., .... .."". ..... . 'k, ..- -____... e ., ............... ~ -- ---- II UERBr:Rl MAMOE<L. 101 , 'I'Uru 1<& SEC:nON. r : 138,000 b.r: . ----r o. 0 //- ........- " ., -3,,_________-;~ -' FINAL eOAD ~ DQA1NAGE PLAN PRELIMINARY SUBDIVISJOf\J MAP OF ,H IG!-(POI NT AI._E:A5T~~A8JON.~'" AT EA5T>MARJON TOW N OF 5OUTl-iOLD , surF. C9;i~!NV "f,. , . SCALE.. ./" = 100: .'. DATE:.JUlY 23, .1~g2 . . . ,.AUG. . . 3; /91\2 ."'/ NO\/. : . 24, 1~02 '. MAl< ~,I~e3 JUNE. I!':>, I '}8a , JULY. 1:3, I"lB:3 JUL.Y . . 22. leB3 ...---.......... ~, " '.... " ........-- ~ , \ " N.IO.9<..'~.w: - . tJI ::J .2 a '" ",' '" c. - '>t--, I ~. ~ ""', I < " '... . ~...- ----- '1Il.10.3(,"~O"\I. I . - '\ ',-- 'v,? ," 'ZO' UTlI.ITV'" II .\. ... E-AttQI/lI<l'lT ,.... ~ . E>. .' /'; ------- - --.--'~-, .~ ~ , . ....., _ <1 , '... ~ " .. ..' .(/ ",;;:&'r UI . " IX '. ::l 'u \-. . ~~ ;Jl ., . , ...~ ~-- ----- , , I ~9~ 'ZO,' ,.. .' _'O'~"~~'~'~<T>.\ . 512'24'30'E-, 342.~3 ~ 1:- 16 ~ -; , 'I- \Sl "~ ~ '~ ~ .. .......~- - - - 34~ --- --------- -........... " , , \ \ \ \ \ \ \ I I I I , , , ~ / , -: ow 1.20.&1" \. .'Z,'1 ~o " - ~J& . I - 34' pO. YJ. . '\.1 ec. . '20.!>O .f;A!!IT' MARION ,..IR"PIS", ~ \II :.., lO . U;, 'TO I'>e " O~OICAreo ,.. forl--U" - "A5T 5' _ M~RIOfJ ~ f"lRQ .PIS1RICT ~_ ..... . NoW ,o~ P'ORMI<FlI..V AMOTT " 999.'2.0' ., tt,', -J. '," .~~:'.; i VOUIIlG t YOUNG, RIV~RileAD. N.V. ALDEN 'IJ. VOUIIle" 1Il.v.s. p.e. t L.,~.lJO.1284~ I UOIV6RD IV, VOUNG,IIl.V,S.I..&. "-10. 4589?> . . . /$;ru;'C~ ,N'" ,', ~'~ ni .:~,~;..- Z.,t. ; ""~ ,. ~~ 16 ;;'t'.:-~.:> ..~ f:J"~i," t""~'" :.<:. ;:1 ';- i~2 "':';;\~g~' .~~~" N';:;:'i",,'\"~'J"""""""" '""'. '.J c...... ~_."" ,'- _ . "":'F"",' r'i'" _ ~~\~~..\.:::,')%~~ ",-.:j-\\r}.")I~ ~i:; '~~~~/~,,'~~~~"/ ~--.. {Ii. 1><1 j ''C'''-.,. "'_ -" "~f.rY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD . JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P,O, Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 15, 1984 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: The Southold Town Board at their regular meeting held on March 13, 1984 adopted a resolution approving the amount of $325,000.00 for a performance bond for roads and improvements in the subdivision known as Highpoint at East Marion, Section II, located at East Marion, New York, as recommended by your Board and Randall Woodard, Professional Engineer. Very truly yours, ~y-- Judith T. Terry Southold Town Clerk' " . -. . . Southold, N.Y. 11971 (516) 765-1938 March 13, 1984 Mr. Michael 120 Mineola Mineola, NY Angelo Blvd 11501 Re: Highpoint at East Marion Section II Dear Mr. Angelo: THe following action was taken by the Southold Town Planning Board at the regular meeting of March 12, 1984. RESOLVED that the Southold Town Planning Board accept the engineering report prepared by Randall Woodward, P.E. for the maJor SUbd1v1sion of Highpoint at East Marion, Section II. The Southold Town Planning Board accept and refer to the Town Board the bond estimate prepared bY ~andall woodwara, ~.~. 1n the amount or ~j25,000 for roads and improvements within the subdiv1s1on of Highpoint at East Marion, Section II located at EAst Mar1on. A copy of the report is enclosed for your review. If you have any questions, please contact this office. Very truly yours, cc: Town Clerk /" Howard W. YO mg HENRY E. RAYNOR, JR , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~ E'.Q~ ('\1\. d.-nJ:> By DiaAe M. ScWultze,~secretary ~ . . . . FEB 1! lOP4 RANDALL WOO D A R D, P. E . 29 Laurel Avenue Pt. Jefferson, N. Y. 11777 February 8, 1984 MR. HENRY E. RAYNOR, JR., Chaiman Southold Town Planning Board Main Road Southold, New York 11971 Re: Sub-Division entitled "High Point at East Marion", Section II Dear Sir: My estimate for the Bond for the above mentioned sub-division is as follows: Land Clearing 1 Acre @ $ 1,000.00/acre = $ 1,000.00 Rough Grading 5780 C.Y. @ 2.75/C.Y. = 15,895.00 Fine Grading 8740 S.Y. @ 1.00/S.Y. = 8,740.00 Road Pavement 8740 S.Y. @ 11. OO/S. Y. = 96,140.00 R. Basin Excavation 7300 C.Y. @ 2.75/C.Y. = 20,075.00 R. Basin Grading Necessary = 600.00 R. Basin Curb 960 L.F. @ 6.00/L.F. = 5,760.00 R. Basin Fence 940 L.F. @ 15.00/L.F. = 14,100.00 R. Basin Gate 1 @ 600.00/each = 600.00 Road Mount Curb 5360 L.F. @ 6.00/L.F. = 32,160.00 1811 C.M.P. Drain Pipe 1070 L.F. @ 19.00/L.F. = 20,330.00 Catch Basin 8 each @ 1,000.00/each = 8,000.00 Manhole 3 each @ 1,000.00/each = 3,000.00 Leach Pool 2 each @ 1,000.00/each = 2,000.00 End Section 3 each @ 500.00/each = 1,500.00 Monuments 25 each @ 50.00/mon. = 1,250.00 Street Trees 28 each @ 65.00/tree = 1,820.00 Topsoil 1000 C.Y. @ 1. SO/C. Y. = 1,500.00 Seeding 1.6 acre @ 1,800.00/acre = 2,880.00 R. Basin Screen Trees 94 trees @ 50.00/each = 4,700.00 Road Signs 16 signs @ 90.00/each = 1,440.00 Sub-Total $243,490.00 Administrative Costs 6% of Sub-Total 29,218.00 Increase Costs OVer 3-Year Period (Allow 20%) 321,406.00 RECOMMENDED BOND AMOUNT $325,000.00 REW : tlrn Respectfully submitted, ~ (t( .v~. .~..z Randall Woodard, P.E. 'lannL;Wj ~roI arprt'teLl 3: \ /2J~ ~ ~ ,to 6~ '8' - / , . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VllAL ST\ I1STICS ~-c...<~:.;;:.::..:.,.. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 10,1985 Diane: rf,) Highpoint at East Marion, Section I. Have you ever received the new Lette): of Credit reduced from $375,000 to $120,000? 2. I should bring to the Planning Board's attention that H. Reese has never submitted a new Letter of Credit for Grand View Estates. It expired on April 1, 1984. ~d!tr .. ie, . . JUDITH 1. TERRY TOWN C LER K REGISTRAR OF VITAL SL\TISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1984 Mr. Walter Krupski North Fork Bank & Trust Co. 230 Main Street Greenport, New York 11944 Dear Mr. Krupski: Pursuant to our telephone conversation today, please be advised that the following resolution was passed by the Southold Town Board at their regular meeting held on November 20, 1984: "RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of Letter of Credit as a bond for roads and improvements in the subdivision known as "Highpoint at East Marion, Section I," from $375,000.00 to $120,000.00, as recommended by Superintendent of Highways Dean, Southold Town Board Highway Committee, and Southold Town Planning Board." Very truly yours, ~a,,~ Elizabeth A. Ne~~~ - Deputy Town Clerk . . . . JUDITH 1. TERRY TOWN CLERK REGISTRAR Of: VITAL ST..UISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 23, 1984 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlanen: In response to your II1eIOC>randum concerning'Highpoint at East Marion, Sections I and II, the Southold Town Board, as reCOllll1ended by Highway Superintendent Dean and the Southold Town Board Highway Coomittee, by resolution dated November 20, 1984, authorized the reduction of Letter of Credit as a bond for roads and improvanents in the subdivision known as "Highpoint at East Marion, Section I," fran $375,000.00 to $120,000.00. The Town Board did not grant a reduction in the Letter of Credit for "Highpoint at East Marion, Section II." Very truly yours, ~ Judith T. Terry Southold Town Clerk .. . I" T . .~ J(Z3J . RECeiVED 'NOV 191984 Southold, N.Y. 11971 (516) 765- 1938 r.... ,.'.... ~"''''''*' To: Highway Committee Date: November 26, 1984 From: Planning Board Subject: Highpoint at East Marion Sections I and II We are in receipt of a request from Mr. Mandel to reduce the letters of credit held by the Town for the above mentioned subdivisions. From the report of Mr. Dean, it appears that the sum of $120,000 is twice the amount to cover the cost of the remaining work. If the highway committee is in agreement that the letters of credit should be reduced, then the Planning Board will also agree with the request. If you have any questions, or would like to meet to discuss this, please don't hesitate to contact our office. enc. (2) I ~ ., ( : . C;-'.~ C C3~\ !L ~ ,,'_..-i,;_-, ,-t.:--,' r 1 L'lttrt. OC.C !SS4 'uhlir JllJorks irpartmrttt Wown of &out~olll Jfrronir. N.I. 11958 / / .I ,-- n i RAYMOND C, DEAN COMMISSIONER TEL, 76~140 734'5211 October 26, 1984 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road SouthOld, New York 11971 Re: Highpoint at East Marion, Sections I and II Dear Mr. Orlowski: Reference is made to the letter of September 20, 1984 from Mr. Mandel in the matter of reduction in letters of credit for the above subdivision. Mr. Mandel assumes that all work on this project will be completed this year with exception of asphalt top courses which he has requested to hold over until mid-summer of 1985. :'"1. '-. <'r''''-'~'. His estimate of remaining work (asphalt top covers) at that time is 20% of the road pavement as shown in the bond estimates. The estimated 20% was rounded to $25,000 for Section I and $20,000 for Section II making a total of $45,000. Using the price breakdown for pavement as shown in the bond estimates the percentage of the top'course is 27% of the completed pavement which would amount to say $60,000 for both sections. In case reduction in the letters of credit is going to be considered, I would recommend using twice the $60,000 value which would be $120,000. Your comments in this matter are requested. /~.~tfullY YOu:-~ ;:.~~~~ ~ymOnd C. Dean Superintendent of Highways RCD/plm cc: Mr. Herbert Mandel ~\9 \~~ \\)\ CJ! .' O~ UJ,,~ Ii, , ~'/6'l~ (; LeI \ Le, -<--"- . :H:ER13ERT . R. ~.A.NDEL SEP 241984 443 Main Street · Gl"eenpOM;, New YOt"'k 11844 Telephone: [516] 477-2223 September 20, 1984 Southold Town Planning Board Attn: Hr. Bennett Orlowski Main Road Southold, New York 11971 Subject: HIGHPOINT at ~ST MARION, SECT: I and HIGHPOINT at EAST MARION, SECT. II Dear Mr. Orlowski; The public improvements to the subject premises have been substantially completed except for paving, street trees and road signs. Upon completion of these items we would request a release of the letters of credit supplied you to insure completion. However, it has been suggested that the paving specifications be amended so as to provide a delay of the top coat asphalt application to mid summer 1985. We would like your consent to such a delay in the installation of this one item together with an approved proportionate reduction in the outstanding letters of credit which are $375,000 for Section I and $325,000 for Section II. The cost to complete this item of work is approximately 20% of the total value of same. The engineering estimate for paving in Section I is $119,173 (Le. 20%- say $25,000) and in Section II is $96,140 (i.e. 20%- say $20,000). I am taking the liberty of forwarding a copy of this letter to The Department of Highway, attn: Mr. Raymond Dean and to the To~ Board, attn: Supervisor Frank Murphy in order to expedite any interdepartmental communication with regard to this matter and would appreciate your prompt consideration and reply. HRM:vct Copies: Southold Southold Very truly yours, cilLL.r ~~{"jLf ~ Town Board, attn: Supervisor Frank Murphy Town Highway Department, attn: Mr. Raymond Dean ~ q 'y-:;'\.~ . . TEL. 7~~ TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 RE::L;'/~',~; . ", '..' r", . " '0:'>"- \;!...,~ l.J - I...~M DATE: May 21, 1984 To'.'~~ C:~rk SOUi:lO:cl TO: Planning Board members FROM: ,~~ Executive Administrator Victor Lessard~ SUBJECT: Sub-division Road Requirements As you are all very well aware, last year the Planning Board and myself, as head of the Building Department, agreed to a course of action that seemed logical in handling road conditions within approved major subdivisions which are bonded. This was to allow the developer to maintain road requirements to the minimum to allow construction of the subdivision without having to re-do the road after every house was built. These roads were to be kept up to the point where emergency vehicles could safely pass. If ever, in my or a building inspector's opinion, these roads were below these simple requirements, then a stop-work order would be issued or the Planning Board would be notified and a field in- spection by the Board would make a judgment. Both these steps were used with 1) Grand View and 2) Highpoint, Section One. This procedure now, for one reason or another, does not seem to be workable. There are a number of contractors that have been stopped in Grand View since February 16th. I feel that because of conditions this was justified. But the way Highpoint Sect. One was handled and with the Town now being vulnerable to possible court action, I have no choice but to ask for written guidelines immediately or I will have to revert to a full 280a law require- ment before any construction. The Highpoint incident was on April 19th. Both of these sub-divisions were addressed by the Town Board of May 8th. cc: Town Board members . HOME OFFICE: LOVE LANE, MA Trl., NEW YORK 11952 . (516) 298-8366 ~ ~8iOl{THCPOl{l( \:!!f BANK &> 1kUST Co May 1, 1984 Southold Town Board Southold, New York Re: Letter of Credit #M-84l2 Performance Bond/$325,UUU.UU Highpoint at East Marion, Section II, Inc. Gentlemen: We hereby establish our Irrevocable Letter of Credit #M-84l2 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Three Hundred Twenty-Five Thousand and 00/100 ($325,000.00) Dollars. Said monies to the extent necessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to com- plete road improvements to the subdivision known as Highpoint at East Marion, Section II, Town of Southold, New York. Funds under this Letter of Credit are available against the Town's draft on us presented at our office at 245 Love Lane, Mattituck, New York no later than May 1st, 1987. All drafts drawn hereunder must all also be accom- panied by the Town's signed statement certifying that the amount drro<u represents sums due under or in connection with the Performance Bond of Highpoint at East Marion, Section II, Inc. This Letter of Credit is not transferable. This credit is subject to Uniform Customs and Practices for Documentary Credi.ts (1974 Revision) InternationaJ Chamber of Commerce Publication #290 except as expressly provided herein. .Ve0- truly yours, THE NORTH K BANK AND TRUST COMPANY By: . -""""'- ~ ior Vice President . ~~< . /? ':r1S" ',.-:' .:.'t. ~ f'J,' :}:::~',,:,., ;~~~:} ",~, ~ ~_; \,'Vi f-' ,;"~-C"""_' . ,.'...'. "'4.i,;",,__ 't.~.", It" _ , l' '-(:';'; ... Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 JUDITH T, TERRY TOWN CLERK REGISTRAR 01-' VITAL ST\lJSTlCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 14,1984 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold, New Yrok 11971 Dear Bennie: The Southold Town Board at their regular meeting held on May 8, 1984 accepted the Letter of Credit, in the amount of $325,000.00, issued by The North Fork Bank & Trust Co., as a performance bond for roads and improvements in the subdivision known as Highpoint at East Marion, Section II, Inc. Said Letter of Credit expires May 1,1987. Very truly yours, ~~/ Judith T. Terry Southold Town Clerk . . :H:EREERT R. ~.A.NDEL UCIIVID MARi 2 1 1984 443 Main Street · Greenport. New York 11844 Telephone: [518] 477-1212123 March 21, 1984 TIMt Qd - ... .- Southold Town Board Southold, New York Attn: Judith. Terry, Town Clerk Re: Highpoint at East Marion, Sect. II Dear Judy, In accordance with the town requirements we are enclosing a check in the sum of $13,000.00 representing the inspection fee at 4% of the approved amount of the performance bond of $325,000.00 per your letter dated March 16, 1984. Very truly yours, Highpoint at East President HRM:vct Ene. copy to Mr. Henry Raynor " . . CERTIFICATE OF APPROVAL OF PRELIMINARY PLAT CERTIFY that the Preliminary Plat entitled "Highpoint at East Marion, Section I, JUDITH T. TERRY, Town Clerk of the Town of Southold do hereby II" was submitted and filed in the office of the Planning Board of the Town of Southold on August 10, 1983, and that the said Planning Board has failed to hold a public hearing therein within 45 days from the filing of said plat, and accordingly, said plat is deemed to have been granted preliminary plat approval pursuant to the provisions of subdivision 3 of Section 276 of the Town Law. Dated: January 4, 1984. JUDITH T. TERRY ( I ) / ( , (Seal) , . . '\'- " .- "''''~ ! -'\ .~.'<.~, \ -- . I' .' : I'-:~ Town Hall, 53095 Main Road P.O. Box 728 SOllthold, New York 11971 TELEPHONE (516) 765-1801 , \ \ ',,":, ..I'";i'" JUDITH 1. TERRY TOWN CLFRK REGISTRAR OF VITAL S r.\TlSTICS -~'''-~-'- . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 6, 1984 Michael J. Angelo, Esq. Costigan, Hyman & Hyman, P.C. 120 Mineola Boulevard Mineola, New York 11501 Dear Mr. Angelo: Transmitted herewith is Certificate of Approval of Preliminary Plat of "Highpoint at East Marion, Section II". Very truly yours, o - /' ~~ ~fr. ex.. ...--- < C ././A-/---- Judith T. Terry Southold Town Clerk Enclosure . ..' <~\~~~;>;~:" OFFICEri/f~~~ORNEY TOWN OF SOUTHOLD .' -',:;;/ :"~""f 'J ' . ROBERT W. TASKER Town Attorney TELEPHONE (516) 477-1400 ~:.~ --,:"' ,.-...... fe'..,:"! C":k _.~'_<'j:Jid 425 MAIN ST. GREENPORT, L.I.. NEW YORK 11944 January 3, 1984 Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Highpoint at East Marion, Section II Certificate in I ieu of Plann ing Board Approval of Subdivision Map Dear Judy: By letter dated December 22, 1983, you received a demand from Michael J. Angelo, attorney for Herbert P. Mandel, that a certificate in lieu of Planning Board final approval for Section II of Highpoint at East Marion be issued by you. In reviewing the file in this matter, it would appear that the application filed with the Planning Board on August 10, 1983, was for preliminary approval of Section II and not for final approval for the following reasons: 1. The printed form of application used by the Planning Board requires the applicant to check whether the application is for "tentative" or "final" approval. Neither was checked by the applicant. 2. No prior application, other than sketch plan approval, has been made to the Planning Board with respect to Section II, nor has any hearing been held with respect to Section II. 3. The Planning Board regulations, as well as Section 276 of the Town Law, contemplate preliminary approval of a subdivision map prior to an application for final plat approval. Since the Planning Board did not hold a hearing with respect to Section II preliminary map approval within 45 days after the filing of the application, as required by Section 276 of the Town Law and Section A 106-23 E (1) of the Planning Board subdivision regulations, the Town Clerk is required to issue a certificate for preliminary subdivision approval. RWT :aa cc: Southold Town Planning Board Yours verY.J.r-uly, ~ /;'/!/ (/ 1 ~~~c;V /~--P<- ROBERT W. TASKER . / <...- ( ......;:. t./:l(.... ~'~.~~,/ " ~: ~:4. ,,' "P ' \ ~;-.',,~, i < . ~~. . ,. .........- -",... . ,'-' ; . ~r." ~-; Town Hall, 53095 Main Road P,O, Box 728 Soulhold. New York 11971 JUDITIi T. TERRY TOWN CLFRh: REGISTRAR OF VITAL ST..\T\ST1CS . ""-'-...;.:::J"f,."7..'~ TELEPI1QNE (516) 765,1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 23, 1983 Bob: tc/.!q: ~ ~ .-I'NA..' /('T - 1..<j.5.>71f'.E., May I have your opinion relative to my issuing a certificate in lieu of Planning Board approval on Highpoint at East Marion, Section II. Copies of pertinent correspondence attached hereto. Jt.ey-- . , ~,:,<"'~~>: -,;:",:~_':'<-;._. /',e ,.',t,,'" G-.; /'_ ,.,..' /I ~::;.,v:::';"'_.;.~~.' "i~)~~.-, 6' "'r" . 'r'''' .'J' -,;~, ':. ......--.... '. . .' .\ ~ ,:'. -'lC:-,:"<"' -'-...' rl~ ~'.' _'~~/_;<' ~~~-~~. ,.. '-'1' \ \~::~.,,".:,.."~(;"'~~~>' \",',' "i";,,.. '. Town Hall, 53095 Main Road P,O, Box 728 Soulhold, New York 11971 TELEPHONE (516) 765,1801 JUDITH T. TERRY TO\I,fN CLERK REGISTRAR or VITAL 51\ IISTles OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 30, 1983 Dear Bob: Re: my attached note of December 23rd relative to Highpoint at East Marion, Section II, I would appreciate receiving your opinion in writing concerning your verbal opinion that I should issue a certificate for preliminary approval. Thank you. ftdjf- . . 1:09? (1'7 COSTIGAN, HYMAN & HYMAN, P. C. ATTORNEYS AT LAW 120 MINEOLA BOULEVARD MINEOLA. NEW YORK 11501 (516) 746-1511 M. ALLAN HYMAN BERNARD HYMAN GEORGE B. COSTIGAN. JR. LEON FRIEDMAN DALE ALLINSON ..JAY M. HERMAN MICHAEL J. ANGELO HARVEY ZEICHNER December 22, 1983 Southold Town Clerk Town Hall Main Road Southold, New York 11971 RE: Highpoint at East Marion, Section II Inc, - Application for Subdivision Approval Dear Sir or Madam: We are the attorneys for Highpoint at East Marion, Section II, Inc. and Herbert P. Mandel. On August 10, 1983, an application for final subdivision approval of "Highpoint at East Marion, Section II" was submitted to the office of the Southold Planning Board. Statute mandates that a planning board act upon such an application within forty- five (45) days. More that forty-five days has elapsed since the submission of our client's application, and the Planning Board has failed to take any action. Our clients have in no way agreed to extend the Planning Board's time to act. Demand is hereby made upon you, pursuant to the provi- sions of section 276, subdivision 4 of the Town Law, for the issuance of a certificate in lieu of planning board approval. This certificate should comply with the requirements of Town Law, Section 276, providing the date of submission of the application and failure of the planning board to take action with such prescribed time. The certificate should be sufficient to allow our clients to file the final plat with the County Clerk of Suffolk County. Demand is further made that this certificate be issued and sent to this office no later than January 6, 1984. Sincerely, , /'/-;Jc#d~;;d Michael J. Angelo MJA/bh . . ,', '. ~ JUDITH T. TERRY TOWN CLERK REGISTRAR Or: VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 15,1983 Mr. Herbert R. Mandel 1143 Main Street Greenport, New York 11944 Dear Mr. Mandel: After reviewing the correspondence between the Planning Board and Town Attorney Tasker relative to your question of eligibility under Local Law No. 11 - 1983, the Board has deter- mined that it appears you meet the qualifications to apply. I am enclosing herewith a copy of Local Law No. 11, a Short Environmental Assessment Form, and a Check List to aid you in preparing your Petition to the Town Board. A filing fee of $100.00 must accompany your Petition when you file it with me. Very truly yours, d' /! - /' ~--------- ~u::t:::...J'~E'A/r Judith T. Terry Southold Town Clerk Enclosures . . ~ PIY~ffN_._~____I fG':B_G_()?~.RD ~ ;:::: ",0 ~-,\'J. ~,; ~ B ....._.'... ~J:t~#..:._o;:- TO~:Q1\'~S.-R !!~:LD N ,~,~_\ ,_,^' _~ ^'~ ~ --/) ~.:((~ ,,,',.. ..... 'f SHE~F.OLK~Og'N y '/1/1 .::.r. '1\0 ,. r--:~:: Southold. N,Y. 11971 HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAI'I, Jr. WILUAM F. MULLEN, Jr. TELEPHONE 765.1938 November 22, 1983 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Highpoint at East Marion Section II Dear Mr. Tasker: Regarding your letter of October 14, 1983, paragraph three, regarding classification A-80 and its application under Local Law #11. After exhaustive search through the file, it appears the applicant's Section II falls under the catagory (2) major subdivision maps for which application for sketch plan approval was filed prior to January 1, 1983. The applicant's initial submission for sketch (Emar Acres) was granted approval June 15, 1982. Application fee was filed with the Town Clerk in the amount of $345 encom- passing entire tract. Subsequent to this, this subdivision was renamed "Highpoint at East Marion" and sectionalized. In order for the applicant to properly design Section I, certain engineering factors had to be designed into Section II in order to comply with our subdivision regulations. The Suffolk County Planning Commission, Superintendent of Highways and our Town Engineer, in reViewing the prelimin- ary map, studied and commented on the entire tract encompas- sing Section I and Section II. It is the Planning Board's opinion that the applicant should proceed under Local Law #11, as in agreement, as you have stated in the last paragraph of your letter of October 14th. It is also the opinion of the Planning Board that the Mr. Robert W. Tasker (2) November 22, 1983 ------------------------------------------------------------- applicant has dealt in good faith throughout the procedure; he has complied with those items requested, and should have favorable consideration by this Board to the Town Board for relief in this action. ie; Section II should be favorably reviewed for a one acre submission. Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board sel cc: /' Herbert Mandel/ " " . . Southold, N.Y. 11971 HENRY E. RAYNOR,Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILUAM F. MULLEN, Jr. TELEPHONE 765 - 1938 November 3, 1983 Mr. Herbert R. Mandel 443 Main Street Greenport, New York 11944 Re: Highpoint at East Marion Section II Dear Mr. Mande 1: As per your request, please let this confirm my conversations with your secretary, Mrs. Ginny Tabor, Wednesday, October 26, 1983. Mrs. Tabor telephoned our office and requested that the Plan- ning Board forward correspondence to your office favoring one acre development for Highpoint at East Marion, Section II on or prior to Monday, October 31, 1983. As a result I contacted the Planning Board Chairman, Mr. Henry E. Raynor, Jr. for instruction. On the advise of Mr. Raynor, I telephoned your office and ad- vised Mrs. Tabor that a letter would not be forthcoming by Monday as the Board has not had enough time to thoroughly evaluate its status and a diligent effort is being made by each member to review the file in its entirety. On October 17, 1983 our Board received correspondence from the Town Attorney regarding his legal opinion on the status of Section II under the present zoning requirements; this was also discussed at a meeting with him, Friday, October 21, 1983. The members of our Board are very concerned with this application. If they were'nt a two-acre determination would have already been made. Mrs. Tabor was advised that to proceed with litigation at this ti~er as she had indicated to me, would be without a final determin- ation of the Planning Board or outside legal advise which is under consideration. '. Mr. Herbert R. Mandel (2) 11/3/83 ------------------------------------------------------------------ . .. If the applicant feels he is being treated unfairly, please have him contact the Supervisor's Office to discuss the matter further. I am sorry that my illness prevented me from sending this letter sooner. Sincerely, Susan E. Long, Secretary Southold Town Planning Board ~ . ROBERT W. TASKER Town Attorney , < <:~~rru( C;'~ ~:>.,..,,>. t~~ "';:l. '3,';Y. 1(,.,;)\ . ':~ ..~.,,-,~t..~,"i...i'c' ~ OFFIC~.' ~F,;;~.j 9~'j'\ltJtORNEY r--l _", ,:-h- \".~f E_ ., TOWN 0 .' SOU:rHOLD 7/' .., .c.::::./ ,_ . ''''-;',' ~.'. .... ,'~f.{J "''O{ : '.1. '\~d/ ,,' ';''Y.,~ -~ 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 . TELEPHONE (S16) 477.1400 OCT 17 REC'p October 14, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Highpoint at East Marion Section 1 and 2 Dear Henry: By your letter dated September 21, 1983, you sent me copies of the relevant proceedings with respect to the above subdivision map and . requested my opinion as to whether the developer may develop Section II as one acre lots. . To begin with, under the provIsIon of the Town Law and the Rules and Regulations of the subdivision of land (Chapter A-105 of the Town Code), the Planning Board is required to hold a hearing on an application for preliminary approval of a subdivision map within 45 days of its filing with the Planning Board, unless the applicant consents to an extension of time. This is so even though the lot sizes shown on the map do not conform with the Zoning Code requirements. The Planning Board, however, after holding a hearing thereon, may disapprove the same for the reason that the lots do not comply with the Zoning Code requirements. With respect to the question of whether Section II may be developed as one acre lots, it is my opinion that the zoning requirements in effect at the time that the Planning Board acts on an application shall control. Since the application for preliminary approval of Section II was not filed with the Planning Board until August 10, 1983, and Local Law No. 7 requiring 80,000 sq. ft. lots became effective on May 20, 1983, Section I J must comply with the two acre lot requirement. If the applicant filed an application for sketch plan approval of Section" prior to January 1, 1983, he may seek relief pursuant to Local Law No. 11 adopted by the Town Board on October 4, 1983. Yours very truly, ~-I:1)"-I \0\,1\5) dZ RWT :aa ROBERT W. TASKER :E:ERJ3ERT R. JY.I:.A.NDEL 443 Mein Street · Greenport. New York 11944 Telephone: [518J 477-2223 October 14, 1983 OCT I? REC'O la il'1. I ..,1 \.. 'H((...~ t'ifJ.Lv--e--....L,~ V~~} .-'~-~7 ,!rL- Memorandum to Henry P~ynor From Herbert R. }~ndel Re: HIghpoint at East t~rion At the suggestion of Henry Raynor as stated by Sue Long, Secretary of the Planning Board , I stopped in to see To,.n Attorney Robert Tasker at his office today, Friday, October 14, at approximately 2:45 PM. I reviewed with him the following circumstances: Subject: HIghpoint at East Harion The subject property of 58 acres was submitted for review by the Planning Board in April 1982 under the name of EMAR Farms. The property and mar were subsequently designed as a 2 section develo~ment,i.e. (Section I and Section II) and were submitted under the name of "Highpoint at East Marion" on the date of July 23, 1982. The conversation included the fact that many revisions have been made up through and including the submission of, for final approval, the portion of the premises known as "HIghpoint at East !1arion, Section I, Inc. "and followed by an application for final approval of "Highpoint at East !,,arion, SectionII", Inc. Also stated ~vas the substantial ex?enditures for improvements for both Section I and SectionII throughout this period: that the various tests required , submitted and accepted included water tests and ground tests of both sections at substantial expense. Reference was made to the fact that, at no time was a division of this property contemplated but rather that all factors relevant to same were considered in the light of their effect on the entire property. Mr. Tasker suggested I had recourse pursuant to the new enabling legislation under "Hardship". I stated that I have a vested rizht for the zoning in effect when the original application of the map received formal consideration throughout the above state period; that I was being severely damaged financially by the delay and that it was not practical for me to proceed with Section I without clarification as to the status of Section II and that I am ready to nroceed. I told Hr. Tasker that I was obligated to submit a bond within 90 days of the final approval of Section I, Inc. and that, under the circum- stances , I would have to have an extension of time to obtain such bond in view of the delay. He said that the Planning Board could immediately grant such extension without a resolution to that effect. The entire area surrounding this property is !i acre zoning. It would be a travesty and I believe unsustainable in any court of competent jurisdiction to require a redesign of this Highpoint map with the attendant substantial increase in casts. The responsibility for any further delay in a mutually acceptable resolution of this matter rests on the Town of Southold. '1..''"' c:( D I:' lltj I 0 ~ , '" , . . . ,~A P~~~lJl~O~~~ TO~. '9'!. \~i94~\!t~LD \:, ,y,,'((;~k;~j, ~ f;j S l!ltfOLK..e-o g;N;fY ~~ Southold, N,Y. 11971 HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILliAM F. MULLEN, Jr, TELEPHONE 765 - 1938 September 21, 1983 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Highpoint at East Marion Section I and Section II Dear Mr. Tasker: As per our telephone conversation yesterday, I am forwarding the enclosed information for your review and determination regarding the above captioned subdivision application s: (1) Application and attachments submitted to the Planning Board, April 14, 1982, "Emar Farms", containing 58+ acres. (2) Copy of minutes, April 26, 1982, at which developer and agent discussed overall plan with Planning Board. (3) Copy of correspondence, dated May 19, 1982, with which amended maps were submitted to the Planning Board. (4) Copy of Planning Board resolution declaring lead agency and approving sketch approval with a condition that a portion of the road located in Section II be improved for emer- gency access to Section I and included in bond estimate, dated June 15, 1982. '- , Mr. Robert W. ~asker (2) September 21, 1983 ------------------------------------------------------------- (5) Copy of receipt from the Town Clerk's Office in the amount of $345.00 for the filing fee of the 58+ acre tract, along with correspon- dence from agent regarding a change of name on application, September 24, 1982, to "Hiqh- point at East Marion". (6) Cop~es of referral letters to Superintendent of Highway, Town Engineer and Suffolk County Planning Commission with regard to preliminary review of "Hiqhpoint at East Marion". Copy of correspondence from the Suffolk County Depart- ment of Health Services under SEQRA for "Hiqh- point at East Marion". (7) Copies of correspondence with regard to prelim- inary review of "Hiqhpoint at East Marion" from Superintendent of Highways, Planning Board In- spector, Suffolk County Planning Commission and East Marion Fire Commissioners. (8) Planning Board resolution setting time and place for a public hearing on the question of the approval of the preliminary map of "Hiqhpoint at East Marion, Section I". (9) Copy of Legal Notice, Notice of Hearing (10) Planning Board minutes of public hearing held January 10, 1983. (11) Copy of Planning Board minutes regarding action of Board on preliminary map "Hiqhpoint at East Marion, Section I and correspondence to agent regarding same. (12) copy of correspondence from agent with regard to ownership of property "Hiqhpoint at East Marion II . (13) Copies of referral letters to Superintendent of Highways, Town Engineer and Suffolk County Plan- ning Commission with regard to final map of "Hiqhpoint at East Marion, Section I. (14) Copy of bond estimate for "Hiqhpoint at East Marion. Section I" prepared by Randall Woodard, P.E. " ,t.. -, . Mr. Robert W. TJlter -------------------------------------------------------------- (3 ) 4Ilptember 21, 1983 (15) Copies of correspondence with regard to final review of "Hiqhpoint at East Marion, Section I from the Suffolk County Planning Commission and Superintendent of Highways. (16) Copy of Planning Board resolution recommending the Town Board to accept bond estimate in the amount of $370,753, "Hiqhpoint at East Marion, I" (17) Copy of Town Board resolution accepting the bond estimate in the amount of $370,753 for "Highpoint at East Marion, Section I. (18) Copy of correspondence to surveyor/agent setting time and date'for a public hearing on the question of the approval of the final map "Hiqhpoint at East Marion, Section I. (19) Copy of Legal Notice, Notice of Hearing. (20) Copy of application for the approval of plat "Hiqhpoint at East Marion, Section I containing 30.9 acres and Section II containing 23.7 acres. On August 22, 1983 a public hearing was held on "High- point at East Marion, Section I for final approval. To date the minutes of this hearing have not been transcribed, so we are unable at this time to forward them to you. An application for final approval of "Highpoint at East Marion, Section II was submitted to our office August 10, 1983. (see 1120 above) Please advise if we can proceed with Section II under the one acre zoning based on our referrals, public hearings, resolutions, etc; on September 19, ~983 our Board approved the final map "Highpoint at East Marion, Section I, with a condition that the bond be accepted by the Town within a 90-day period prior to the endorsement of ap- proval. Because the developer has indicated the bond will be posted with the Town Clerk in the very near future, thus completing this subdivision file, we would very much appre- ciate a prompt reply regarding the status of Section II. If you require additional information please contact our office. Thank you for your assistance. Very trUly yours, HENRY E. RAYNOR, JR., CHAIR"~N SOUTHOLD TOWN PLANNING BOARD Encls. cc: Herbert R. Mandel By Susan E. Long, Secretary