HomeMy WebLinkAboutMt. Beulah Acres
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Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765-'938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
TO:
Francis J. Murphy, Supervisor,
Members of the Town Board
FROM:
Bennett Orlowski, Jr., Chairman
DATE:
December 1, 1989
Re:
Performance Bond for Mount Beulah Acres
The Planning Board has reviewed the Town Board's request
for a recommendation on the release of the performance bond for
Mount Beulah Acres.
The Board's recommendation is that the bond NOT be
released. The reasons for this recommendation are as follows:
The "road bed" of Cosden Court is currently in use for
drainage purposes. The stormwater runoff from Mount Beulah
Avenue drains onto this property, which happens to be a low
point. This property thus serves a public purpose. Please
refer to the Planning Board's memorandum to the Town Board
of June 3, 1988, a copy of which is attached for your
convenience.
Accordingly, this property should not be allowed to remain
in private hands. If quit claim deeds cannot be obtained
from both of the two adjoining property owners, Basil G.
Litras and Vincent Tirelli, then covenants and restrictions
or a drainage easement should be put into place to prevent
this property from being filled or otherwise altered in
such a way that it could not function as a natural drainage
area. Also, Town access to this property to allow for
maintenance should also be provided for in the Covenants or
the easement.
cc: James A. SChondebare, Town Attorney
Raymond Jacobs, Highway Superintendant
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Southold. N.Y. 11971
(516) 765-1938
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MEMORANDUM
TO:
Frank Murphy, Supervisor
Jean Cochran, Chairman, Highway Committee
Ray Jacobs, Highway Superintendent
Bennett Orlowski, Jr. Chairman
~dication of land at Mount Beulah Acres
SCTMI 1000-51~3-(2.4-2.11,2.14,2.15)
FROM:
RE:
DATE:
June 3, 1988
It is the Planning Board's understanding that the as yet
unbuilt right-of-way known as Cosden Court within the subdivision
of Mount Beulah Acres is currently used for stormwater drainage.
The subdivision owner was bonded for $20,000 to construct a
road within this right-of-way. The Planning Board has determined
that the right-of-way should not be built since it lies within a
natural drainage swale that extends to the east of the property.
Also, the development of the adjoining property (to the east)
does not require the construction of Cosden Court.
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Before the Planning Board releases the developer of his
bond, it needs to know whether the Town will accept the
dedication of a 50' by 20' parcel for drainage purposes. Because
of the high groundwater table in the immediate area and the fact
that the Subject lot is part of a drainage swale that will remain
contiguous with the swa1e on the adjacent property - the Planning
Board strongly recommends to the Town that it accept the
dedication.
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JAMES A. seH ND
TOWN A IT RNEY
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Town Hall, 53095 Main Roa
P.O. Box 1179
Southold, New York 11971
TeLEPHONE
(SI6) 76S-1939
FAX NO.
(S16) 76S-1823
lWRElRaXIIXBKRNlIXXlIIlII
XlOOW!ltltll~
MATTHEW G. KIERNAN
Asst. Town Attorney
OFFICE OF mE TOWN ATTORNEY
TOWN OF SOUTHOLD
INTER-OFFICE MEMO
FROM THE TOWN ATTORNEY'S OFFICE
TO:
FROM:
DATE:
Planning Board, Town Board
James A. Schondebare, Town
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N'ovember 27, 1989
and super~7~dant
Attorneyrlfl
of Highways
RE: ROW Casden Court; Mount Beulah Acres
As background, the Board will remember that the Planning Board had
required that the Booth Estate posted a bond for the construction of a
road in this subdivision 'which paper road is listed as Casden Court.
The Planning Board has now agreed that the road need not be constructed,
and it be dedicated to the Town for drainage purposes. The Town Board is
on record as agreeing to this dedication. The estate is in agreement
with this arrangement since it will be able to cancel the bond and finish
up closing out the estate.
The problem is that the estate of Booth can not give the Town clear
title to the proposed road/drainage area. The reason for this is that
deeds were given to the adjacent landowners to the center of the proposed
road. The estate has not, except for one owner, received the cooperation
of the adjacent owners in deeding out their interest in the proposed
road/drainage area.
While the Town cannot obtain title to the area for drainage purposes
it is presently used as a natural drainage area. Hence, I would suggest
the Planning Board issue a resolution to the Town Board to cancel the
bond requirement since it serves no purpose, and that the Town Board pass
a resolution agreeing thereto.
In the future should it become necess"ry to actually obtain title
for a more detailed drainage operation then the Town may consider
condemnation.
cc: Rudolph Bruer
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STA.TISTICS
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Town HalI. 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
November 17, 1989
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Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
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Gentlemen:
Transmitted herewith is correspondence concerning the release of the
performance bond for Mount Beulah Acres.
The Town Board discussed this matter with Town Attorney Schondebare
at their November 14th work session and would have no objection to the release
provided the Planning Board makes that recommendation to the Town Board.
Very truly yours,
~~-
Judith T. Terry
Southold Town Clerk
Attachments
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ATTORNEYS AT LAW
MAIN ROAD. P.O. BOX 1466
SOUTH OLD. NEWYORI( 1 1971
LEFFERTS P. EDSON
(1912'1989,
RUDOLPH H. BRUER
(516)765-122:..-
(S 16) 76S-2SC~
FAX: (S 16) 765-275..
November 6, 1989
Southold Town Board
c/o James A. Schondebare, Town Attorney
Main Road
Southold, N.Y. 11971
Re: Release of Performance Bond
"Map of Mount Beulah Acres"
Southold, N.Y.
Dear Sirs:
I refer you to the enclosed 1/31/89 correspondence of Robert H.
Berntsson, then Asst. Town Attorney. The suggestions made therein
appear reasonable, on the surface. However, the affected property
owners, but one, have consistently ignored our requests for their
cooperation. We are unable to provide the suggested qUitclaim deeds
to "Cosden Court".
If you weigh the apparent diSinterest of the lot owners against the
continued hardship of maintaining a performance bond for nonexistent
road improvements, the equitable course is clear. Under these
circumstances, we respectfully request that the Board consent to the
release of this performance bond.
Thank you for your consideration.
Sincerely,
RUdolph H. Bruer
RHB/df
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VALERIE SCOPAZ
TOWN PLANNER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
MEMORANDUM
TO:
Francis J. Murphy, Supervisor
Members of the Town Board
FROM:
Valerie Scopaz, Town Planner
DATE:
December 1, 1989
Performance Bond for Mount Beulah Acres.
RE:
I am in complete agreement with the Planning Board's
position regarding the above-referenced performance bond because
it is consistant with other actions that have been taken by the
Planning Board and the Highway Committee to address some of the
long standing road drainage problems within the Town.
By way of background, the Highway Committee brought these
problems to the Town Board's attention at its August 29th (1989)
work session. In response to the Highway Committee's report, I
outlined ways that the Town could obtain road drainage without
resorting to expensive condemnation procedures. See enclosed
memorandum of September 13, 1989.
At the last jdint Planning Board-Highway committee meeting
(October 11, 1989), it was agreed that Ray Jacobs would give the
Planning Board a list of the drainage problem areas. When this
list is received, Planning staff will transfer this information
to a map in the Planning office. If an application for a site
plan or a subdivision is found to be in a problem area, Planning
staff will automatically notify the Town's engineering
consultants that the proposed development is located in an area
with a known drainage problem. Staff and the engineering
consultant would then work closely with the Highway
Superintendant to make sure the drainage problem was addressed.
In light of these efforts, it would seem counterproductive
for the Town to release the performance bond in this particular
case unless appropriate measures were undertaken to safeguard
its access to the property in the interests of providing for
proper stormwater drainage on Mount Beulah Avenue.
cc: James A. Schondebare, Town Attorney
Raymond Jacobs, Superintendant of Highways
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VALERIE SCOPAZ
TOWN PLANNER
Town Hall, 53095 Main Ro~
P.O, Box 1179
South old, New York 11971
TELEPHONE
(516) 765.1938
MEMORANDUM
TO:
Jean Cochran, Chairman, Highway Committee
Bennett Orlowski, Jr., Chairman, Planning Board
Raymond Jacobs, Superintendent, Highways
Valerie Scopaz, Town Planner
FROM:
~
DATE:
September 13, 1989
RE:
Town Proposal to Purchase Sites for Road Drainage
Purposes
In the minutes of the August 29th meeting of the Town
Board, mention was made that the Highway Committee had discussed
the need for the Town to purchase land for drainage purposes so
as to resolve some long-standing road drainage problems.
In certain instances, the Committee might want to explore
options other than the acquisition of land, which can be costly.
1. For instance, the Town Code requires that the Planning
Board ensure that new development, whether a subdivision or
a site plan, takes care of the stormwater runoff generated
by the property in question. If the Highway Department is
experiencing drainage problems at a specific site, and the
Planning Board is notified of this situation, then when the
Board receives an application in the immediate
neighborhood, the Board can then work Closely with the
Highway Superintendent, the Town Engineer and the developer
to mitigate the site's contribution to the problem.
It may be possible to eliminate or substantially
reduce some drainage problems by the careful development of
a key parcel. Thus, the need to purchase land may be
lessened by a pending proposal to develop a key parcel that
is known to be a major contributer to the problem.
2. The Planning Board can also try to negotiate drainage
easements, particularly on large subdivision properties.
The Planning Board is in the process of negotiating such an
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drainage sites. Since the Board has topographic maps on file, it
could target on the maps those properties that lie within the
watershed that contributes to a specific site's drainage
situation. In order to do this, Planning staff would need a
listing of the problem areas. These areas can then be plotted
on the topographic maps for reference purposes. When
applications are made for any properties that lie within the
watershed, the Town Engineer can be sent the appropriate
information. .
This is just a short listing of some of the ways the
Highway Committee and the Planning Board can be of assistance to
each other as they each try to resolve some of the Town's
infrastructure problems as they pertain to adequate drainage.
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CC: Fran~is J. Murphy, Supervisor
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MATTHEW G.-KIERNAN
Asst. Town Attorney
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1939
FAX NO_
(516) 765.1823
JAMES A. SCHONDEBARE
TOWN A lTORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
INTER-OFFICE MEMO
FROM THE TOWN ATTORNEY'S OFFICE
!O:
FROM:
DATE:
Planning Board, Town Board
James A. Schondebare. Town
Nove;'ber 27, 1989
and super~~~dant
AttorneY'{fl
of Highways
RE: ROW Casden Court; Mount Beulah Acres
As background. the Board will remember that the Planning Board had
required that the Booth Estate posted a bond for the construction of a
road in this subdivision which paper road is listed as Casden Court.
The Planning Board has now agreed that the road need not be constructed.
and it be dedicated to the Town for drainage purposes. The Town Board is
on record as agreeing to this dedication. The estate is in agreement
with this arrangement since it will be able to cancel the bond and finish
up closing out the estate.
The problem is that the estate of Booth can not give the Town clear
title to the proposed road/drainage area. The reason for this is that
deeds were given to the 'adjacent landowners to the center of the proposed
road. The estate has not. except for one owner. received the cooperation
of the adjacent owners in deeding out their interest in the proposed
road/drainage area.
While the Town cannot obtain title to the area for drainage purposes
it is presently used as a natural drainage area. Hence. I would suggest
the Planning Board issue a resolution to the Town Board to cancel the
bond requirement since it serves no purpose. and that the Town Board pass
a resolution agreeing thereto.
In the future should it become necessary to actually obtain title
for a more detailed drainage operation then the Town may consider
condemnation.
cc: Rudolph Bruer
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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
November 17, 1989
!
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Gentlemen:
Transmitted herewith is correspondence concerning the release of the
performance bond for Mount Beulah Acres.
The Town Board discussed this matter with Town Attorney Schondebare
at their November 14th work session and would have no objection to the release
provided the Planning Board makes that recommendation to the Town Board.
Very truly yours,
~~
Judith T. Terry
Southold Town Clerk
Attachments
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ATTORNEYS AT LAW
MAIN ROAD - P.O. BOX 1466
SQUTHOLO. NEWYORK 11971
LEFFERTS P. EDSON
fl912-19891
RUDOLPH H. BRUER
(516) 765-1 222
(516) 765-2500
FAX: (5161765-2752
November 6, 1989
Southold Town Board
c/o James A. Schondebare, Town Attorney
Main Road
Southold, N.Y. 11971
Re: Release o~ Performance Bond
"Map of Mount Beulah Acres.
Southold, N.Y.
Dear Sirs:
I refer you to the enclosed 1/31/89 correspondence of Robert H.
Berntsson, then Asst. Town Attorney. The suggestions made therein
appear reasonable, on the surface. However, the affected property
owners, but one, have consistently ignored our requests for their
cooperation. We are unable to provide the suggested quitclaim deeds
to .Cosden Court".
If you weigh the apparent disinterest of the lot owners against the
continued hardship of maintaining a performance bond for nonexistent
road improvements, the equitable course is clear. Under these
circumstances, we re~pectfully request that the Board consent to the
release of this performance bond.
Thank you for your consideration.
Sincerely,
RUdolph H. Bruer
RHB/df
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JAMES A. SCHONDEBARE
TOWN A TIORNEY
ROBERT H. BERNTSSON
ASSISTANT TOWN A TrORNE::Y
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(5161765-1939
OFFICE OF THE TOWN A TIORNEY
TOWN OF SOUTHOLD
January 31. 1989
Edson and Bruer
Main Road. P.O. Box 11J66
Southold. New York 11971
Attention: Rudolph H. Bruer. Esq.
Re: Mount' Beulah Acres
Dear Mr. Bruer:
The filed map of Mount Beulah Acres shows "Cosden Court for future
dedication to the Town." It is agreed that the road does not need to be
improved. However. our concern is any rights the owners may have in an
improved road. In order to terminate any such rights. it is suggested that
you receive quit claim deeds from each of the four lot owners for any rights
they have in Cosden Court.
Feel free to discuss the above with me.
Very truly yours.
G1~. B.~,,~
Assistant Town Attorney
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(S 16)765.2500
~AX: (5 16) 765-2752
....TTORNEYS AT LAW
MAINRCAO-P.O.BOX 1466
SOUTHOLD,NEWYORK 11971
LEF"F'ERTS P. EDSON
(1912-19891
RUDOLPH H. BRUER
November 6, 1989
James A. Schondebare, Esq.
P.O. Box 1018
Southold, N.Y. 11971
Re: Mount Beulah Acres
Southold, N.Y.
Dear Jay:
Enclosed please find my 11/6/89 letter, addressed to the Town Board,
which I would like you to personally submit, provided it meets with
your approval.
:~:::;~l me if a discussion is in order.
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P.S. Don't forget about the Legion.
Thank you for your help.
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ATTORNEYS AT LAW
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(516)765-2500
FAX: (S 16) 765-2752
G'~ ad Y8____
MAIN ROAD - P.O. BOX 1466
SQUTI-lOL.O, NEW YORK 1 1971
LEf"FERTS P. EDSON
{19 t 2- 19891
RUDOLPH H. BRUER
November 6, 1989
James A. Schondebare, Esq.
P.O. Box 1018
Southold, N.Y. 11971
Re: Mount Beulah Acres
Southold, N.Y.
Dear Jay:
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Enclosed please find my 11/6/89 letter, addressed to the Town Board,
which I would like you to personally submit, provided it meets with
your approval.
:;:;i~' me if · di"",,ioo i, io o'd.,.
U:~P()h~~. Bruer
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P.S. Don't forget about the Legion.
Thank you for your help.
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RECEMD
JUL 2 8 1988
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South<>I,l Town dt>rk
ATTORNEYS AT LAW
MAIN ROAD - P.O. BOX 1466
SDUTHQLD. NEW YORK 11971
LEFFERTS P.EDSON
(RETIRED)
RUDOLPH H. BRUER
PATRICIA C. MOORE
July 27, 1988
Ms. Valerie Scopaz, Town Planner
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re: Mount Beulah Acres, Southold
SCTMI 1000-51-3-2.4/2.11/2.14 and 2.15
Dear Ms. Scopaz:
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IHFORMAnOff
(516)765-1222
(SlEt} 765-2500
Thank you for the letter you wrote on behalf of the Planning
~oard dated July 25, 1988. I will proceed immediately to
effectuate the dedication.
Thank you very much.
Best regards.
Rudolph H. Bruer
RHB/cas
ce: Southold Town Board
James A. Schondebare, Town Attorney
Mr. Raymond C. Radigan, Trust Officer
North Fork Bank & Trust Co.
Mr. Joseph Townsend
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Southold. N.Y. 11971
(516) 765-1938
July 25, 1988
Mr. Rudolph Bruer
P.o. Box 1466
Southold, New York 11971
Re:
Release of Performance
Bond for " Mount Beulah
Acres", Southold.
SCTM# 1000-51-3~2.4-2.11,
2.14 and 2.15
.
Dear Mr. Bruer:
The Town board has agreed to accept dedication of the 50 x
200 foot parcel of land that was to have been Cosden Court on
the filed map of Mount Beulah Acres.
However, before the Town Board can actually accept
dedication of the Jand, it must have dedication papers. A
review of the subdivision files reveals that the papers have not
been submitted. Upon receipt of said papers in this office the
Planning Board and the Town Board can proceed with the
dedication of the land and the release of the performance bond.
In another note, the dedication of the SOx 200 foot parcel
shall be noted in the dedication papers as being for drainage
purposes; not for a road.
If there are any further problems, do not hesitate to
contact this office.
Sincerely,
~o/t
Valerie Scopaz
Town Planner
cc: Joseph H. Gibbons, Trust Officer
North Fork Bank & Trust Co.
James A. Scondebare, Town Attorney
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ROBERT H. BERNTSSON
ASSISTANT TOWN AITORNH
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1939
JAMES A. SCHONDEBARE
TOWN A ITORNJ::Y
OFFICE OF THE TOWN A TIORNEY
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
REF:
Planning Board .~
James A. Schondebare, Town Attorney~~
July 1, 1988
Dedication at Mt. Beulah Acres
Please note that this matter is not concluded until the
Town receives dedication papers from the applicant and same are
approved by the Town Board. Presently, the Town Board has only
indicated its interest in accepting same.
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JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
TOWN CLERK
REGISTRAR Of VITAL STATISTICS
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 JUNE 28, 1988:
RESOLVED thatlthe Town Board of the Town of Southold hereby agrees to
accept dedication, when offered by the property owner, of a 50 foot by 200
foot parcel of land to be used for drainage purposes on the east side of
Mount Beulah Avenue, Mount Beulah Acres Subdivision, Southold, New York,
all in accordance with the recommendaiton of the Planning Board, Superintendent
of Highways Jacobs, and the Town Board Highway Committee.
f2,.//dt' ~~~
rfudith'--,.. Terry .
Southold Town Cler
June 30, 1988
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RAYMOND L. JACOBS
Superintendent
. .
Highway Department
Town of Soulhold
Peconic Lane
Peconic, N.Y. 11958
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RECEiveD BY. .
SOUJnrt~~Q~i~~r~
Tel. 765-3140
734-5211
C/J~
June 20, 1988
Mr. Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: Bennett Orlowski, Jr. letter June 3, 1988
Dedication of land at Mt. Beulah Acres
seTMl1 1000-5 ]-3-(2.4, 2.] I, 2.14, 2.15)
Dear Mr. Orlowski:
I concur with the recommendation by the Planning
Board that the Town accept the dedication of the
50' by 20' parcel of land in the above named subdivision
for drainage purposes.
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Ra~ond L. ; a~ //
Superintenden of Highways
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RECEIVED
'JUN 1 3 1988
Southold, N.Y. 11971
(516) 765-1938
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MEMORANDUM
TO:
Frank Murphy, Supervisor
Jean Cochran, Chairman, Highway Committee
Ray Jacobs, Highway Superintendent
FROM:
Bennett Orlowski, Jr. Chairman
RE:
Dedication of land at Mount Beulah Acres
SCTM# 1000-51-3-(2.4-2.11,2.14,2.15)
DATE:
June 3, 1988
It is the Planning Board's understanding that the as yet
unbuilt right-of-way known as Cosden Court within the subdivision
of Mount Beulah Acres is currently used for stormwater drainage.
The subdivision owner was bonded for $20,000 to construct a
road within this right-of-way. The Planning Board has determined
that the right-of-way should not be built since it lies within a
natural drainage swa1e that extends to the east of the property.
Also, the development of the adjoining property (to the east)
does not require the construction of Cosden Court.
Before the Planning Board releases the developer of his
bond, it needs to know whether the Town will accept the
dedication of a 50' by 20' parcel for drainage purposes. Because
of the high groundwater table in the immediate area and the fact
that the subject lot is part of a drainage swale that will remain
contiguous with the swale on the adjacent property - the Planning
Board strongly recommends to the Town that it accept the
dedication.
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Mount Beulah Acres (Subdivisions)
Drainage
Highway (Town Depts.)
l1li;nWll'l Committee (Town COi1':11"ittees)
Planning Board (Towr, Depts.;
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