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HomeMy WebLinkAboutGeier, Marion M. 05/15/1995Note 10 quality of proof than witness' affidavit as to their signatures in having notary certify their acknowledgments of their signatures even though form provided under this section was not utilized. Skidmore College v. Clins, 1969, 58 Misc.2d 582, 296 N.Y.S.2d 482, affirmed 32 A.D.2d 985, 301 N.Y.S.2d 960. A petition for tmnexation must be ver- ified by at least three persons residing in the municipality in which ~:he territow proposed to be annexed is located stat- ing that the petitioners are owners of a majority in assessed valuation of the real property in such territory. 23 Op. State Compr. 252. 1967. 11. Certification by assessor An assessor must certify, as to facts shown on the last preceding assessment roll and cannot certify as t¢ who the owner is at the time of the petition. 23 Op.State Compt. 252, 1967. 12. Costs and fees Since municipal annexation is a mat~er of State concern and is pre-empted by State legislation, a municipality may not~ whether by local law or ot. herwise, re- quire that the costs in processing an annexation petition, such as advertising, engineering expenses, etc.. incurred by the municipality tn processing the peri- GENERAL MUNICIPAL LAW Art. 17 tion, be paid by the petitioners. Op. State Compt. 83-100. A village may not require a petitioner for annexation of land located in a town into a village to pay an application fee of $1000. 0p. State Compt. 73-799. 13. Multiple petitions Separate petitions to annex different areas contiguous to each other may be submitted simultaneously. 23 Op. State Compt. 892, 1967. The mere presentation of a certificate which was first improperly drawn and the [resentation of a second petition which was withdrawn does not prevem the persons desiring the annexatior from presenting the petition again. Op. Arty. Gen.. 1932 45 St. Dept. 659. 14. Technical errors A mistake of clerk of town embracing mrmtory annexed to village by resolu- tion of village trustees in filing copies of annexation petition and town board's consent instead of originals, was not fa- tal but ar most technical irregularity, which may be disregarded in proceeding r¢ compel village officers to perfect an- nexation Mitrus v. Nichols, 1939. 171 Misc. 869. 13 N.Y.S,2d 990. § 704. Notice of hearing on petition for annexation 1. Within twenty- days after the receipt of such petition, the governing board or boards of the local government or governments to which it is propose:l to annex such territory and the governing board or boards of the affected local government or governments in which such territory ts situated shall respectively cause a notice to be published once in its or their official newspapers, or. if there be no official newspaper, in a newspaper published in the counw and having general circulation within the area of such local governmen~ or governments, as the case may be. The governing board of each affected local government in which such territory is situated also shall cause a copy of such notice to be mailed to each person or corporation owning real property in such territory as shown by the last preceding assessmen~ roll and to all persons residing in such territory qualified to vote for officers of the city, town or village, as the case may be, in which such territory is situated as their names appear upon the register of voters for the last preceding general 170 MUNICIPAL ANNEXATION § 704 Art. 17 election. Where the territory to be annexed is situated wholly or partly within a village, the governing board of such village and the governing board of a town or towns in which such territory is wholly or partly situated may provide by agreement for joint publication and mailing of such notice. Failure to mail such notice or failure of any addressee to receive the same shall not in any manner affect the validity of the petition or of any proceedings taken thereon. Such notice shall state that a petition for gte annexation Of territory to the local government or governments (naming it or them and briefly describing the territory proposed to: be annexed thereto) has been received, that at a specified place in one of such local governments on a specified day not less than twenty days nor more than forty days after the publication and mailing of such notice, which place and date shall be specified therein, a joint hearing will be had upon such petition by such governing boards. Each of such governing boards shall cause a copy of such notice to be mailed no~ less than ten days prior tx) the date of such joint hearing to the school authorities of any school district in which all or part of the territory proposed to be annexed is situated and. where it is proposed m annex territory m a city, to the school authorities of any school district (al adjoining the territo- ry proposed to be annexed and (bi located wholly or partly within such city. 2. In a case where it is proposed to annex territory in a town or towns to another local government or governments, the ~own board or boards in which such territory is situated shall cause a copy of such notice to be mailed not less than ten days prior to the date of such joint hearing m the board of commissioners or other governing body of each fire district or other district corporation, public benefit corporation, and town improvement district operated by a separate board of commissioners, situated wholly or partly in the territory to be annexed. 3. In the event that any affected local government shall fail to publish and mail such notice as required by subdiws~on one of this section or tn the event that the town board of a town shall fail to cause copies thereof to be mailed as required by subdivision two of ~his section, the governing board or boards of any other affected local governmen~ or governments, if it or they deem it to be desirable, may, during an additional twenw days following the forty day period now provided in subdivision one of this section. amend and republish its or their notices and. on behalf of such local government, town board, or both, publish and mail such notices. (Added L.1963, c. 844, § 1; amended L. 1964, c. 60, § 2.) 171 § 704 GENERAL MUNICIPAL LAW Art. 17 Histe,rical Note Effective Date. Section effective Jan 1. 1964. pursuant to L.1963. c. 844, § 3, set out as a note preceding section 700 West's McKinney's Forms The following from appears in LocaI Government Forms under General Municipal Law. ~ 704: Notice of hearing on petition for annexation of territory in one local government to adjoining local government, see Form 1. Notice of hearing on petition for annexation of territory in one local government to adjoining local government--Another fm'm see Form 2 Library References Municipal Corporations ~33 4). C.J.S. Municipal Corporations § 55. Notes of Decisions 1. Persons entitled to notice Under Lhis sermon and sections 703 and 713 the terminology "persons ~ ~ ~ qualified to vote for officers" of the c~y, town or village in which such territory is situated, refers to persons registered to vote. as provided for under Election Law of 1949 § 350 et seq. [now Election Law § 5-100 eT seq.[ i974. Op.Atty. Gen. (Inf. May 30 Where State is owner of part of lands to be annexed, it mus~ have notice. 1965. Op.Atty. Gen. (Inf. 133. § 705. Hearing 1. Such governing boards shall mee~ ac the time and place specified in such notice or amended and republished notice. The members of the participating boards shall agree on the selection of one of their members to preside at such meeting and in the event no such agreement is reached, he shall be chosen by lot. Such govern- ing boards shall hear any testimony and receive evidence and information which may be presented concerning the petition and the question of whether the annexation is in the over-all public interest, including but not limited to testimony, evidence and information concerning the following: a. That a person signing the petition is not qualified therefor, or b. With respect to a petition, other than one purporting to be signed by owners of a majority of the assessed valuation of real property, that the persons signing such petition do not constitute twenty per centum of the persons residing within such territory qualified to vote for officers of the city, town or village, as the case may be, in which the territory is situated, or 172 Art. 17 c. With respect to a petition, other than one purporting to be signed by at least twenty per centum of persons qualified to vote for local officers, that the persons signing such petition do not represent the owners of a majority in assessed valuation of the real property in such territory assessed upon the last preceding assess- merit roll of, or utilized by, the local government or governments in which the territory is situated, or d. That the petition does not otherwise substantially comply in form or content with the provisions of this article; or e. That the proposed annexation is or is not in the over-all public interest (1) of the territory proposed to be annexed, or (2) of the local government or governments to which the territory is proposed to be annexed, or (3) of the remaining area of the local government or governments in which such territory is situated, or (4) of any school district, fire district or other district corporation, public benefit corporation, fire protection district, fire alarm district or to~'~ or county improvement district, situated wholly or partly in the territory proposed to be annexed. 2. Objections based on any of the grounds set forth in para- graphs a, b, c or d of subdivision one of this section shall, in addition to the presentation of any oral testimony thereon, be submitted in writing and placed on file with the boards holding such hearing and made a part of the record thereof. Any oral testimony presented at such hearing relating to the grounds set forth in paragraph e of subdivision one of this section shall be reduced to writing and shall be a part of the record of such hearing. The hearing may be adjourned, but must be concluded within ten days after the date fixed in the notice. The cost of providing such record shall be shared by the affected local governments equally or on the basis of any equitable method or formula agreed upon by their governing boards. 3. In the event that the governing board of an affected local government does not participate in such hearing, the governing board or boards of the other affected local government or govern- ments shall have power to conduct such hearing without the partic- ipation of such former governing board. (Added L.1963, c. 844, § 1.) 173 CRQ~ UILL~E OF ~REENPORT ~ENER~ VI&LAGM OF G~. ~ OF T~ST ~EES REGULAR MRETING!- JULY 20, 1995 ACTION TAKEN BY TME VILLAGE OF GREENPORT BOARD OF TRUSTEES At the Regular Meeting of the Village of Greenport Board of Trustees held on July 20, 1995 the follo~i~g resolution was ~otioned Trustee Barbara E. Heaney and seconded by T~'ustee John A. Co~tello and adopted: WHEREAS, the Geier family has a ipetition pending to annex property located at North Road in unincorporated Greenport, N.Y. into the Incorporated Village of Gree~port, and WHEREAS, the Village Board has:laDproved ~ald petition, and WH~EAS, approval of the petition by the Town Board cf the Town Board of ~e Town of Southol~ ~s required for the annexation to be effectuated, and WM~EAS, the Supervisor of the ~Tcwn of Southold has requested that the Village Board am clear il~s in~en~ions with regard to zoning of the Site, if annexed, and what uses said zoning would per,alt, and WHF~S, the Village Board has given due consideration to the question of future u~es of the property, and WHEREAS, the Board has conclud?~ ~hat the coca,unity is ~n need of good paying non-seasonal ~ob~ to support the local economy and provide living wage e~plo.w~e~t to local residents and their fa~ilies, and WHEREAS, the Board has been advised ~hat there exist small non-polluting manufacturing companies in western Long Island that are considering relocation o~f the ialal~d due to high utility and tax rates, and WHERF~, if annexed to the vi!l~aCje the Geier property would have available public water, sewe~ iow cost electric and r~sonable taxes, and - WHF/~$, any business employing 35 people or mots locating in the Greenport electric service area would entitle the village to an increased hydropower a!!o~ati~n from the Power Authority of the State of New York, and WHF~, the Board finds that the 10 acre ~eier property is off suffioien~ size to accoStS a ama!l manufacturing ¢c~_ny and provide for adequate screenin~ to e~ure that such use does not adversely affect adjacen~ properties including village o~a~ed Moore's Woods, and i w/4~, the Board has been advfsed by exper=s in local economics that it is reasonable to expect that a small manufacturing ccmpany could be attracted to the Geier proper~y ii annexed to tbs village, WHEREAS, the Beard finds that other uses such as residential, re~ail/¢o~meroial and offioe uses are not in the public interest, NOW THF~POR~ BE IT ~LV~ ~h~= =he Village ~oard !n~ends, if ~he Geier ~nexa=ion is app=ov~by the To~ ~arO of =he To~n of Southold, =O zono ~ ~j~ pro,rOy for a light ~nufac~uring; uae subject =o conditions =hat would r~uire develo~n~ of the pro~rty to occur in a ~e~ that would protect the quiet and ~aceful enJo~n~ of ad~ace~= pro~r=ies, pro,eot ~e fragile enviro~nt of Moore's W~s~and screen ~e use fr~ travelers on the ac~ic North ~d, ~d BE IT P~TH~ ~V~ T~T the~Vi!lage Clerk/Treasurer is hereby dirmc~ to fo~a~ a ~r~ifSed co~ of ~i~ re~olu~ion ~o Su~rvisor Tom Wi~d t~e me,rs of =he ~hold T~n ~ard. ROLL CALL VOTE: Mayor DavidlE. Kapell Yes Trust~eC~o=ge Hub~rd Yes Trua=meWil!i~mJ. Mi!ls, III Yes Tru~ee ~ar~ara E, Heaney Yes Trustee John A. Costello Yes MoP, ion Carried. CT~TI~iCATIC~ STATE OF N~ YORK ) COL~TY OF SUFFOLK ) ss: THIS IS .TO C~RTIF~ THAT I 5ouna M. Catus, Clerk/Treasurer of the Village of Greenpor=, New York, C~unty of Suffolk, have compared the foregoing copy of the resolution n~; on file in this office, which was adopted by the Board of Tz~/steee ~f ~he Village of Greenport of said oounty on July 20, 1995, and that the same is a true and correct transcript of said resolution and o~ the whole thereof. iN WITNF~SS WHEREOF, I have h~reunto set my hand and' the official seal of the Vi!lage of Greenport of!the County of Suffolk. Dated ~ z rmasurerorn& M. ca~us,/~' ag SZAL VILLAGE OF GREENPORT BOARD OF TRUSTEES REGULAR MEETING JULY 10, 1995 ACTION TAKEN BY THE GREENPORT BOARD OF TRUSTEES: RE: GEIER PROPERTY Motion made by Trustee Barbara E. Heaney to adopt a resolution regarding Geier Property Annexation. RESOLUTION OF THE VILLAGE BOARD OF TRUSTEES WHEREAS~ the Geier family has a petition pending to annex property located at North Road in unincorporated Greenport, New York into the Incorporated Village of Greenport, and WHEREAS, the Village Board has approved said petition, and WHEREAS, approval of the petition by the Town Board of the Town of Southold is required for the annexation to be effectuated, and WHEREAS, the Supervisor of the Town of Southold has requested that the Village Board make clear its intentions with regard to zoning of the site, if annexed and what use the said zoning would permit, and WHEREAS, the Village Board has given due consideration to the question of future uses of the property, and WHEREAS, the Board has concluded that the community is in need of good paying, non-seasonal jobs to support the local economy and provide living wage employment to local residents and their families, and WHEREAS, the Board has been advised that there exists small non-polluting manufacturing companies in western Long Island that are considering relocation off the Island due to high utility and tax rates, and WHEREAS, if annexed to the Village the Geier Property would have available public water, sewer~ low cost electric and reasonable taxes, and WHEREAS, any business employing 35 people or more locating in the Greenport Electric Service area would entitle the Village to an increased hydro-power allocation from the Power Authority of the State of New York, and WHEREAS, the Board finds that the ten acre Geier property is of sufficient size to accommodate a small manufacturing company and provide for adequate screening to ensure that such use does not adversely affect adjacent properties including Village owned Moores Woods, and WHEREAS, the Board has been advised by experts in local economics that it is reasonable to expect that a small manufacturing company could be attracted to the Geier Property if annexed to the Village, and WHEREAS, the Board finds that other uses such as residential~ retail, commercial and office uses are not in the public interest, NOW THEREFORE BE IT RESOLVED~ that the Village Board intends, if t]he Geier annexation is approved by the Town Board of the Town of Southold to zone the subject property for a light manufacturing use subject to conditions that would require development of the property to occur that would protect the quite and peacefully enjoyment of adjacent properties, project the fragile environment of Moores Woods and screen the use from travelers on the scenic North Road, and BE IT FURTHER RESOLVED, that the Village Clerk/Treasurer is hereby directed to forward a certified copy of this resolution to Supervisor Tom Wickham and the members of the Southold Town Board. Tr. Costello: Second the motion. Mayor Kapell: Tr. N[il ls: Any discussion on the motion? Good motion, well written. RE: GEIER PROPERTY Mayor Kapell: Tr. Costello: The Board really didn't have a chance to review this at length before the meeting so I don't want to push it, if anybody has any reservations about the resolution. Well the purpose of this resolution, the Supervisor was unaware of some of the intentions of the Village of Greenport at proposed meeting between the Village Board and the Southold Town Board.' Where most of the Town Board did not attend the meeting because of other conflicts and short notice, he asked that this resolution be presented to clarify some major points and concerns that he believes that the Town Board has so this resolution certainly answers many of those concerns, I hope. Mayor Kapel!: Any other discussion on the resolution? I'll ask for a roll call vote: ROLL CALL VOTE: Trustee George W. Hubbard, Jr. Yes Trustee William J. Mills, Iii Yes Trustee Barbara E. Heaney Yes Trustee John A. Costello Yes Mayor David E. Kapell Yes Motion Carried. CERTIFICATION STATE OF NEW YORK) COUNTY OF SUFFOLK SS THIS IS TO CERTIFY that I, Lorna M. Catus, Clerk/Treasurer of the Village of Greenport of the County of Suffolk, have compared the foregoing copy of the resolution now on file in this office, which as adopted by the Board of Trustees of the Village of Greenport of said county on July 20~ 1995 and that the same is a true and correct transcript of said resolution of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Village of Greenport of the County of Suffolk February 12, 1996 ~ a M. Catus~ clerk/TreaSure~ SEAL At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of May, 1995 PRESENT: Thomas Wickham, Supervisor Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Joseph L. Townsend, Jr. Ruth D. Oliva, Councilwoman Louisa P. Evans, Justice Members of the Town Board In the Matter of the Petition of Marion Geier for Annexation of Territory to the Village of Greenport, ORDER There having been presented to this Town Board a petition~of Marion Geier requesting that the territory described in said petition be annexed to the Village of Greenport; and a public hearing with respect to said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 3rd day of May, 1995 to hear any testimony and receive evidence and information which may be presented concerning the said petition and the question of whether the proposed annexation is or is not in the overall public interest; and this Town Board having, by a resolution moved by Councilman Townsend, seconded by Supermsor Wickham, dated the 15th day of May, 1995, to approve the annexation, which resolution failed to achieve a majority vote; Now, it is ORDERED that this Town Board does hereby determine that it is not in the overall public ~nterest to approve the proposed annexation of the territory described in the said petition of Marion Geier and does hereby disapprove such proposed annexation and does not consent to the same; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order, together with copies of the petition, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, to be filed in the office of the clerk of the Village of Greenport; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order to be filed in the office of the Couf~ty Clerk of the County of Suffolk. /) ~ Supervisor Thomas Wickham Coun- wom /~//(uncilman'Jos'eph L. Townsend, . Councilwoman Ruth D. Oliva ~ u~stice Louisa P. Evans CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY thaz the foregoing annexed Order of the Town Board of said Town made on the 15th day of May, 1995, has been compared by me with the original Order as officially recorded in my office in the Minute Book of said Town Board, and is a tree, complete and correct copy thereof and of the whole of said original Order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 15th day of May, 1995. Ju~th~T. Terry, Town Clerk (SEAL) In the Matter of the Application of MARION M. GEIER Pursuant to Article 17 of the General Municipal Law to annex a parcel of proper~y to the territory of the Village of Greenport R~CEIVED Town Clerk Petitioner, TO: TOWN BOARD OF THE TOWN OF SOUTHOLD VILLAGE TRUSTEES OF THE VILLAGE OF GREENPORT The petition of MARION M. GEiER respectfully shows as follows: !. This is a petition pursuant to Article 17 of the General Municioal Law to annex to the territory of the Villa== of Greenport, Suffolk County, New York, a parcel of property in the control of the petitioner, MARION M. GEIER, the duly appointed ~XECUTRIX for the ESTATE of JOHN R. GEIER, which is situated within the Town of Southold, Suffolk County, New York as more particularly bound and described upon Schedule A attached hereto. 2. Petitioner, Marion M. Geier, Executrix for the Estate of John R. Geier, as documented upon Schedule B attached hereto, resides at: Atlantic Mobile Park, #30, Newport, N.C. 28570. 3. This Petition is submitted to the Town Board of the Town of Southold (hereinafter "Town of Southold") and to the Trustees of the Village of Greenoort (hereinsfter ~zllaoe 6f Greenoort") for the purposes of having the Town of Southold consent to the annexation of the properny described in paragraph 1 hereof no the Village of Greenport. 4. There are no "inhabitants" of the subject properny as defined in 703 of the General Municipal Law. 5. The owners of a majority in assessed valuation of the subject property, as shown upon the last preceding assessment roll of the Town of Southold, joins herewith. 6. Attached hereto as Schedule C is a certificate of the Assessor of the Town of Southold pursuant co 703 of the General Municipal Law. WHEREFORE, petitioner prays that the governing parties of the Village of Greenport and the Town of Southotd, pursuant to Article 17 of the General Municipal Law, consider this petition. Dated: March ~ , 1994 MARION M. GEIER, Petitioner SCKEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land lying and being at or near Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same is intersected by the westerly side of land now or formerly of the Village of Greenoort, which point is distadt 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moore's Lane, and from said point of beginning running thence along said land, south 4 degrees 01 minutes 10 seconds east, 1106.60 feet: RUNNING THENCE still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; RUNNING THENCE still along said land, north a degrees 06 minutes t0 seconds west, 830.50 feet no the southerly side of said North Road; RUNNING THENCE along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet co the Domnt or place of BEGINNING. SCTM~ 1000-40-~-! CERTIFICATE OF LETTERS TESTAMENTARY SCHEDULE B File No. 1855P91 2 184 SURROGATE'S COURT : SUFFOLK COUNTY The People of the State of New York To all to Whom These Presents Shall come, or may Concern, Greetings: IT IS HEREBY CERTIFIED that on the June 15, 1992, Letters Tesuamentaz~ of the Last Will of JOHN R. GEIER, deceased, late of Suffolk County, New York, were duly issued by the Surrogate's Court of Suffolk County to MARION M. GEIER, the Executor(s) in said will named, and that the same are still valid and in full force. IN TESTIMONY WHEREOF this certificate is issued under the seal of the Court. WITNESS, HON. ERNEST L. $IGNORELLI, Surrogate, at Riverhead, in Suffolk County, New York on June 12, 1992. SE~L MICHAEL C~POLLINO Chief Clerk of the Surrogate's Court SS- 107..5/86 SCHEDULE C CERTIFICATE OF THE ASSESSOR OF THE TOWN OF SOUTHOLD STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: I,~"~,~c~\ ~ ~, a duly elected assessor of the Town ) of Southold, Suffolk County, New York do hereby certify: 1. That I am a duly elected assessor of the Town of Southold, Suffolk County, New York, and was one of the persons responsible for the preparation of the assessment bill for the year 1993/1994. 2. That the real property described in paragraph 1 of the annexed petition is situated in the said Town of Southo!d, Suffolk County, New York, and is assessed on the tax roll of the said Town of Southold, Suffolk County, New York, for the year 1993/1994, which is the last preceding assessment roll of the said Town of Southold, Suffolk County, New York. 3. That the total assessed valuation of said real property described in the said annexed petition as shown on the assessment roll of the said Town of Southold for the year 1993/1994 4. That the petitioner, Marion M. Geier, is the party duly recognized by the Court as Executrix of the Estate of John R. Geier, owner of a majority in assessed valuation of the real property described in the said annexed petition which is now situated in the Town of southotd, Suffolk County, New York, and which is sougat no be annexed no the Village of Greanport, Suffolk County, New York and that the assessed valuation of the property as shown on the assessment roll of the Town of Southold, 117, for the year 1993/1994 is as follows: (a) The real property assessed to ~ as described in the annexed petitmon is assessed an S Dated: Southold, New York ~C~ \o , 1994 C~.AIRE l- GL~ N~ Pubiic. State of New Y~ No. ~79505 ~, ./ Quali~ in Suffolk ~u~ ~ ~)mmi~ion ~k~ De~m~ 8, 19 ~ Assessor, Town of.~/'S%uthold Suffolk County~.~New York ~OXE$ $ THRU 9 MUST BE TYPED t, ,PRINTED IN E OR TO RECORDING OR FILING. I] $~FFOLK COUNTY CLERK 1728 ? 029 Number of pnge~ TORRENS Ce~iflcate ~ Prior Ctf~ 4 [ FEES Handing TP-584 2. SONY~ Notation Sub TotM EA-5217 (County) Sub Tot~~ ~. Spec/Add. ~P.T.S,~ / ~ Dual Town Dual County I h-hi for Appo~ionment Contra. of Kd. ~ . oo ~~ Transfer T~ Affidavit M aflshm T~ Ce~ified Copy The prope~y cove~d by this mo~gage is ur will be improved by a one or two Re~ Copy Sub Total ~/ family dwelling only. / Other G~D ~O AL ~. If NO, sc~ app~pfiate t~ clau~ on }~ ~' Re. Pm~.y T. Se~ce Ag. cy V~fi.tion 6 Title Comp.y ~omatioa Title Numar 'Cash .Ch~k~' Charge ~.4,'7K ~. 7~a/ ' 8: ~CO~ & ~TU~ TO 'Suffolk Coun Recording & Endorsement Page This page f~rms pa~ of ~he a.ached , , ~ ~ ¢ A ~ade ~y: (Deed, Mo~gage, etc.) In the ~GE or ~ET of At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of May, 1995 PRESENT: 'Thomas Wickham, Supervisor Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Joseph L. Townsend, Jr. Ruth D. Oliva, Councilwoman Louisa P. Evans, Justice Members of the Town Board In the Matter of the Petition of Marion Geier for Annexation of Territory to the Village of Greenport. ORDER There having been presented to this Town Board a petition~of Marion Geier requesting that the territory described in said petition be annexed to the Village of Greenport; and a public hearing with respect to said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 3rd day of May, 1995 to hear any testimeny and recdve evidence and information which may be presented concerning the said petition and the question of whether the proposed annexation is or is not in the overall public interest; and this Town Board having, by a resolution moved by Councilman Townsend, seconded by Supervisor Wickham, dated the 15th day of May, 1995, to approve the annexation, which resolution failed to achieve a majority vote; Now, it is ORDERED that this Town Board does hereby determine that it is not in the overall public interest to .approve the proposed annexation of the territory described in the said petition of Marion Geier and does hereby disapprove such proposed annexation and does not consent to the same; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order, together with copies of the petition, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the heating, to be filed in the office of the clerk of the Village of Greenpon:; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order to be filed in the office of the County Clerk of the County of Suffolk. Sup r Thomas Wickham C °un~cilw°man ~dlc'e I. ?'tussie- ~/~uncilman'Jos~ph L. Town'"~-~nd, Councilwoman Ruth D. OliVa Tfi~ice Louisa P. Evans CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed Order of the Town Board of said Town made on the 15th day of May, 1995, has been compared by me with the original Order as officially recorded in my office in the Minute Book of said Town Board, and is a tree, complete and correct copy thereof and of the whole of said original Order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 15th day of May, 1995. Ju~th T. Terry, Town Clerk if (SEAL) In the Matter of the Applicatzon of MARION M. GEIER Pursuant no Article 17 of the General Municipal Law to annex a parcel of property to the territory of the Village of Greenporn RECEIVED ,~R ! 0 1994 Soot.hold Town Clerk Petitioner, TO: TOWN BOARD OF THE TOWN OF SOUTHOLD VILLAGE TRUSTEES OF THE VILLAGE OF GREEMPORT The petition of MARION M. GEIER respectfully shows as follows: 1. This is a petition pursuant to Article 17 of the General Municipal Law to annex to the territory of the Village of Greenporu, Suffolk County, New York, a parcel o£ property in the control of the petitioner, MARION M. GEIER, the duly appointed EXECUTRIX for the ESTATE of JOHN R. GEIER, which is situated within the Town of Southold, Suffolk County, New York as more oarticularly bound and described upon Schedule A attached hereto. 2. Petitioner, Marion M. Geier, Executrix for the Estate of John R. Geier, as documented upon Schedule B attached hereto, resides a~: Atlantic Mobile Park, #30, Newport, N.C. 28570. 3. This Petition is submitted to the Town Board of the Town of Southold (hereinafter "Town of Southold") and to the Trustees of the Village of Greenoort (hereinafter Greenport") for the purposes of having the Town of Southold consent ~o the annexation of the properuy described in paragraph 1 hereof ~o the Village of Greenport. 4. There are do "iNhabitants" of the subject property as defined in 703 of the General Municipal Law. 5. Ihe owners of a majority in assessed valuation of the subject property, as shown upon the last preceding assessment roll of the Town of Southold, joins herewith. 6. Attached hereto as Schedule C is a certificate of the Assessor of the Town of Southold pursuant co 703 of the General Municipal Law. WHEREFORE, petitioner prays that the governing parties ef the Village of Greenport and the Town of Southold, pursuant to Article 17 of the General Municipal Law, consider this petition. Dated: March ~ , 1994 MARION M. GEIER, Petitioner SCHEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land lying and being at or near Village of Greenport, Town of Southotd, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same zs intersected by the westerly side of land now or formerly of the Village of Greenmort, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moore's Lane, and from said point of beginning running thence along said land, south ~ degrees O1 minutes 10 seconds east, 1106.60 feet: RUNNING ~HENCE still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; RUNNING THENCE still along said land, north 4 degrees 06 mznutas 10 seconds west, 830.50 feet to the southerly side of said North Road; RUNNING THENCE along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the Point or place of BEGINNING. SCTM# 1000-40-4-1 CERTIFICATE OF LETTERS TESTAMENTARY SCHEDULE B File No. 1855P91 SURROGATE'S COURT : SUFFOLK COUNTY The People of the State of New York To all to Whom These Presents Shall come, or may Concern, Greetings: IT IS HEREBY CERTIFIED that on the June 15, 1992, Letters Testamentary of the Last Will of JOHN R. GEIER, deceased, late of Suffolk County, New York, were duly issued by the Surrogate's Court of Suffolk County to MARION M. GEIER, the Executor(s) in said will named, and that the same are still valid and in full force. IN 'TESTIMONY WHEREOF this certificate is issued under the seal of the Court. WITNESS, HON. ERNEST L. SIGNORELLI, Surrogate, at Riverhead, in Suffolk County, New York on June 12, 1992. SEAL MICHAEL Chief Clerk of the Surrogate's Court 3~-107..5186 SCHEDULE C CERTIFICATE OF THE ASSESSOR OF THE TOWN OF SOUTHOLD STATE OF NEW YORKI COU~TY OF SUFFOLK ss.: I~ .~-,~c0-~i)I' ~, a duly elected assessor of the Town of SOuthold, Suffolk County, NeW York do hereby certify: 1. That I am a duly elected assessor of the Town of Southold, Suffolk County, New York, and was one of the persons responsible for the preparation of the assessment bill for the year 1993/1994. 2. That the real property described in paragraph 1 of the annexed petition is situated in the said Town of Southold, Suffolk County, New York, and is assessed on the tax roll of the said Town of Southold, Suffolk County, New York, for the year 1993/1994, which is the last preceding assessment roll of the said Town of Southold, Suffolk County, New York. 3. That the total assessed valuation of said real property described in the said annexed petition as shown on the assessment roll of the said Town of Southold for the year 1993/1994 g. Tha~ the petitioner, Marion M. Geier, is the party duly recognized by the Court as Executrix of the Estate-of John R. Geier, owner of a majority in assessed valuation of the real property described in the said annexed petition which is now situated in the Town of southold, Suffolk County, New York, and which is sought no be annexed no the Village of Greenport, Suffolk County, New York and than the assessed valuation of the properuy as shown on the assessmenn roll of the Town of Southold, for the year 1993/1994 _is as. follows: (a) The real properny assessed no ~JO~ as described in the annexed petition is assessed at S Dated: Southold, New York Assessor, Town of~SSuthold Suffolk County.s?New York LAURY L. DOWD Town Attorney 'TO: FROM: RE: IDATE: OFFICE OF THE TOWN AI-FORNEY TOWN OF SOUTHOLD MEMORANDUM TOWN BOARD TOWN ATTORNEY TIE VOTE ON ANNEXATION MAY 24, 1995 Town Hall. 53095 Main Road P. O. Box 1179 Southold, New Yod( 11971 Fax (516) 765-1823 Telephone (516) 765-1800 On May 15 the Town Board voted 3-3 on the annexation of the Geier property to the Village of Creenport. I have researched the legal effect of such a vote and must conclude that it results in a denial of the annexation. 'Town Law 63 requires that "every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the town board." Annexations are governed by General Municipal Law 711 which requires the governing board to "determine by a majority vote of its total voting strength" whether the annexation should go forward. 'Tie votes are relatively rare, since most boards have an odd-number of members. Case law has held that failure to obtain the affirmative vote of the majority of the board is deemed a denial. Vesely v. Town of New Windsor (1982) 90 AD2d 770, 30 Op. State Compt. 20 (1974). The latter opinion explained the rational for this holding. "The statute does not require a majority negative vote to defeat a resolution, only a majority affirmative vote to adopt it. By implication, then, if a resolution does not receive a majority affirmative vote, it is not adopted or, in other words, it is defeated." I called Kevin Crawford, legal counsel for the Association of Towns, and he confirms this view. Annexation law requires the board to make and sign a written order containing its determination and file copies with the village. In the event that the board does not make such an order within 90 days of the public hearing, the board is deemed te have approved the annexation. It is the ninety day non-action provision of the annexation law that might raise questionS. None of the cases holding that a tie vote is deemed a denial arose in the context of such a provision. It might be argued that the 90 day Page Two clause provides an alternative to deeming the action a denial. However, I do not feel that the law would support that argument. The Town Clerk has notified Greenport that the annexation failed to receive sufficient affirmative votes. The law requires the board to move and sign a written order containing its determination. Such an order has been drafted and is attached. Finally, several beard members have asked me if the town could put conditions on the annexation. The Attorney General addressed this issue in Opinion 87-21, 'The opinion stated that "the governing body of each municipality affected by 'the annexation has the power to approve or disapprove the annexation, based on its finding as to whether it is in the 'over-all public interest'. Article 17 does not provide any mechanism of authority for the granting of conditional ;approval." The opinion offers an option. "In our view, the provision for 'inclusion of written objections provides a municipality with the opportunity to give the reasons for its disapproval of the petition. These written objections may form the basis of negotiations and possibly a compromise between the ,village and town." Please call me if you have questions. At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of May, 1995 PRESENT: Thomas Wickham, Supervisor Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Joseph L. Townsend, Jr. Ruth D. Oliva, Councilwoman Louisa P. Evans, Justice Members of the Town Board In the Matter of the Petition of Marion Geier for Annexation of Territory to the Village of Greenport. ORDER There having been presented to this Town Board a petition of Marion Geier requesting that the territory described in said petition be annexed to the Village of Greenport; and a public heating with respect to said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 3rd day of May, 1995 to hear any testimony and receive evidence and information which may be presented concerning the said petition and the question of whether the proposed annexation is or is not in the overall public interest; and this Town Board having, by a resolution moved by Councilman Townsend, seconded by Supervisor Wickham, dated the 15th day of May, 1995, to approve the annexation, which resolution failed to achieve a majority vote: Now, it is ORDERED that this Town Board does hereby determine that it is not in the overall public interest to approve the proposed annexation of the territory described in the said petition of Marion Geier and does hereby disapprove such proposed annexation and does not consent to the same; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order, together with copies of the petition, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, to be filed in the office of the clerk of the Village of Greenport; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order to be filed in the office of the County Clerk of the County of Suffolk. Supervisor Thomas Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed Order of the Town Board of said Town made on the 15th day of May, 1995, has been compared by me with the original Order as officially recorded in my office in the Minute Book of said Town Board, and is a tree, complete and correct copy thereof and of the whole of said original Order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 15th day of May, 1995. Judith T. Terry, Town Clerk (SEAL) IUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 June 2, 1995 [)ear Pat: In accordance with our telephone conversation this afternoon, I am enclosing the Marion M. Geier petition for annexation which contains the legal description for the parcel to be recorded. '['he SCTM# is 1000-40-4-1 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main l~ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK .TOWN OF SOUTI~0~LD~ June t, 1995 Chicago Title Company 185 Route 58 Riverhead, New York 11901 Attention: Pat O. - Recordings Dear Pat: In accordance with our telephone conversation this morning, I am enclosing herewith an Order of the Southold Town B~ard which is required to be recorded in the office of the Suffolk County Clerk. Please record as soon as possible, and obtain a receipt of recording for me. I am enclosing a voucher of the Town of Southold for billing. Should you have any questions, .please do .not hesitate to contact me at 765-1800. Thank you very much for' your assistance. Very truly yours, ~Judith T. Terry S0uthold Town Clerk Enclosures At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 15th day of May, 1995 PRESENT: Thomas Wickham, Supervisor Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Joseph L. Townsend, Jr. Ruth D. Oliva, Councilwoman Louisa P. Evans, Justice Members of the Town Board ,X In the Matter of the Petition of Marion Geier for Annexation of Territory to the Village of Greenport. ORDER ~X There havSng been presented to this Town Board a petition of Marion Geier requesting that the territory described in said petition be annexed to the Village of Greenport; and a public heating with respect to said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 3rd day of May, 1995 to hear any testimony and receive evidence and information which may be presented concerning the said petition and the question of whether the proposed annexation is or is not in the overall public interest; and this Town Board hm~ing, by a resolution moved by Councilman Townsend, seconded by Supervisor Wickham, dated the 15th day of May, 1995, to approve the annexation, which resolution failed ro achieve a majority vote; Now, it is ORDERED that this Town Board does hereby determine that it is not in the overall public interest to approve the proposed annexation of the territory'described in the said petition of Marion Geier and does hereby disapprove such proposed annexation and does not consent to the same; and it is further ORDERED that the Town Clerk shall cause ~. certified copy of this order, together with copies of the petition, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, to be filed in the office of the clerk of the Village of Greenport; and it is further ORDERED that the Town Clerk shall cause a certified copy of this order to be filed in the office of the County Clerk of the County of Suffolk. Coun-ciI~voman 2* ce I Hussie ,//f~und~an'Jo~eph L. Townsend, Councilwoman Ruth D. Oliva ~'fi~ice Louisa P. Ems CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed Order of the Town Board of said Town made on the 15th day of May, 1995, has been compared by me with the original Order as officially recorded in my (~Ce in the Minute Book of said Town Board, andis a true, complete and correct copy thereof and of the whole of said original Order. IN WITNESS WHEREOF, I have hereunto set my hand and at:fixed the corporate seal of said Town this 15th day of May, 1995. juF~tfl'T. T~rry' ToWn Clefk (SE ) JUDITH T. TERRY TOWN CLERK REGIS.TRAR OF VITAL STATISTICS .MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 22, 1995 Marion M. Geier Atlantic Mobile Park, #30 Newport, North Caroline 28570 Dear Mrs. Geier: Please be advised that the Southold Town Board, at a regular meeting held on May 15, 1995, was unable to obtain a majority on a resolution to approve the annexation of your property to the Village of Greenport. Therefore, the proposal is considered disapproved by the Southold Town Board. Very truly yours, Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 22, 1995 Honorable David Kapell Greenport Village Mayor Greenport Village Hall 236 Third Street Greenport, New York 11944 Dear Mayor Kapell: Please be advised that the $outhold Town Board, at a regular meeting held on May 15, 1995, was unable to obtain a majority on a resolution to approve the Geier property annexation to the Village Greenport. Therefore, the proposal is considered disapproved by the Southold Town Board. Very truly yours, Judith T. Terry Southold Town Clerk PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Ed~Nards Town Halll 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD :May 15, 1995 Thomas H. Wiekham, Supervisor Members of the Town Board Town Hall Southold, NY 11971 Re: Annexation of Geier Property from Southold Town to Greenport Village :Dear Supervisor Wickham and Members of the Town Board, On the issue of whether to permit the Village of Greenport to annex the .Geier property from the Town of Southold, the Planning Board wishes to ,offer the following recommendation: If the Town Board wishes to approve the annexation by the Village that the proposed use or uses of the property be set forth clearly by the Village prior to a vote to permit annexation. The Town should be apprised of this information so as to be able to judge the effect the proposed use or uses might have on the Town, whether they be positive or negative. Richard G. Ward Chairman PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 2, 1995 8:00 P.M. IN THE MATTER OF THE APPLICATION OF MARION M. GEIER PURSUANT TO ARTICLE 17 OF THE GENERAL MUNICIPAL LAW TO ANNEX A PARCEL OF PROPERTY TO THE TERRITORY OF VILLAGE OF GREENPORT. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Our first hearing is a hearing regarding the annexation of the Geier property. I see we have a number of people from Creenport, including the Mayor. This is a joint hearing with the Village of Creenport. Would people from Greenport like to come up here? COUNCILWOMAN HUSSIE: "Notice is hereby given, pursuant to Section 1704 of the General Municipal Law, that a petition of Marion M. Ceier, 1;or the annexation to the Village of Greenport of certain territory ;adjoining said Village. has been received by the Town Board of the Town of Southold, being the town in which the said territory proposed for ;annexation is located is described as follows: All that certain plot, piece or parcel of land lying and being at or near the Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same is intersected by the westerly side of of land now or formerly of the Village of Greenport, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moores Lane, and from said point of beginning running thence along said land, south L[ degrees 01 minutes 10 seconds east, 1106.60 feet; Running thence still along said land, south 8ti degrees 53 minutes 30 seconds west, 474.24 feet; Running thence still along said land, north 4 degrees 06 minutes 10 seconds west, 830.50 feet to the southerly side of said North Road; pg 2 - PH Running thence along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 551~.21~ feet to the point or place of beginning. That a joint hearing will be held on such petition by the aforesaid Town Board of the Town of Southold and the Board of Trustees of the Village of Greenport at the Southold Town Hall, 53095 Main Road, f~outhold, New York, on the 2nd day of May, 1995, at 8:00 P.M. on :;aid day. That the members ,of the aforesaid governing boards of the Town of Southold and the Village of Greenport will meet at the time and place above specified and will hear any objections which may be presented against such petition for annexation upon any of the following grounds: (a) That a person signing the petition is not qualified therefor, or (b) That the persons signing such petition do not constitute twenty percentum of the persons residing within such territory qualified to vote for town officers, or (c) That the persons signing such petition do not represent the owners of a majority in value of the property within such territory assessed upon the last preceding town assessment roll, or (d) That the petition does not otherwise substantially comply in form or content with the provisions of Article 17 of the General Municipal I_aw of the State of New York, or (e) That the proposed annexation is or is not in the overall public interest (1) of the territory proposed to be annexed, or (2) of the local government or governments to which the territory is proposed to be annexed, or (3) of the remaining area of the local government or governments in which such territory is situated, or (4) of any school district, fire district or other district corporation, public benefit corporation, fire protection district, fire alarm district or town or county improvement district, situated wholly or partly in the territory proposed to annexed. Objections, based upon any of the grounds set forth in paragraphs a, b, c, or d above, shall be submitted in writing. Dated: April 4, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD BY JUDITH T. TERRY, TOWN CLERK." 'There is one piece of correspondence dated May 2, 1995. While it may not illegal of a resident of a different state to petition for transfer of this parcel, it is certainly morally reprehensible for Southold residents. Annexation is a violation of Section 704E-1 of the General Municipal Law. tit is absurd for the Village of Greenport to have control of a parcel half a mile from the nearest village resident. Hundreds of Southold residents closer, and adjourning the parcel, must have the right to petition their representatives on the Southold Town Board overdevelopment issues. It is a known fact Village officials do not entertain suggestions, or questions from non-village taxpayers. To quote the Mayor answering a question from aa non-village taxpayer, quote, how we allocate money that comes into our village is our business, close quote. Transfer of this parcel will further erode t[qe Southold tax base, while insignificant now, development could mean a substantial increase in tax revenue. No village roads adjoin this parcel. Road taxes to the Village would be an unjustified windfall. Non-annexation will have no impact on village residents. Annexation will negatively affect Southold residents on planning, taxation, and zoning pg 3 - PH issues. Sincerely, Sidney D. Jemboski. There are affidavits here attesting to the publication of this notice in both The Suffolk Times, and on the Town Clerk's Bulletin Board. SUPERVISOR WICKHAM: You 'have heard, the notice from the newspapers. I think many of you are familiar with the issue. We have the authorities from Greenport, We have the Southold Town Board. We're here to listen to any testimony, or comments, that people want to make. Would anyone like to address the Boards, the joint Boards, on this proposed annexation? WILLIAM SWISKEY: My name is William Swiskey. I live at 18u, Fifth Street in Creenport, and I~ve always considered, and a lot of people in t. he Town, and the Village considered, that the Village is a very important [)art of the Town of Southold, a viable village. Believe me, it brings a lot of money into this town in the summer. People transiting through this town to Creenport spend a lot of money. They stop at your stands. They stop at every other place, I mean, and this is a very small parcel in the whole concept of the Town of Southold. Basically the taxes from it amount 1:o nothing. Most of the taxes go to the school district. Now, this is a chance for the Town to really do something for the Village. I mean a viable village is very important to this town, and this Board has a decision to make, whether it wants to live in, I don't know, a cloistered five acre community, or it wants to go ahead and be progressive, and helping each part of the town, whether it's Mattituck, orient, or the Village of Creenport is very important. Thank you, gentleman, ladies. SUPERVISOR WICKHAM: Would anyone else like to address the Board on this proposed annexation? JOYCE HARROUN: Good evening. My name is Joyce Harroun, and I'd just llke to point out that I borrowed this for the presentation, and for those of you who are not familiar with where the property lies, this is the parcel in question right here. This property is all the incorporated Village of Creenport. I'm pointing out right here. SUPERVISOR WICKHAM: And where's the boundary of Greenport? JOYCE HARROUN: Within the yellow lines here. SUPERVISOR WICKHAM: the Board? Thank you. Would anyone else like to address JOYCE HARROUN: As I said my name is Joyce Harroun. I~m here representing my mother,' the applicant Marion Gieir. I'd just like' to make a few brief comments regarding the proposed annexation of the 13ropert¥ by the Village of Greenport. We see the situation that is, ' myself I should say, my family, as a win, win situation. Obvious benefits for us will the future ability to develop the property with benefit of the utilities that Greenport can provide. The Village of Greenport, we believe, will benefit from much needed additional assessed valuation. Southold will realize the future gain in additional taxes generated by Creenport~s ability to assist with utilities. We have no plans at this time to develop the property. Creenport future needs would be studied pg [~ - PHI carefully by the Village Board. Perhaps some future needs in the area of employment, or recreation, tourism, will be determined by the Village Board. I understand that school district #10, Creenport School that is, is serious need of additional tax revenue. The Village of Creenport surely needs additional assessment. The Town of Southold will realize a lot sooner aciditlonal tax revenues if the Village is allowed to take on this property. Business and opportunity to have some measure of the Village of Greenport, and the Town of Southold~s economic concerns. Any environment concerns regarding the future development of this property will be addressed each step of the way by various agencies appointed to do so. This is required by law. All of us in attendance here tonight are here out of our concerns for the Village, and the Town. Please, keep in mind that Greenport and Southold are inextricable tied to one another. Whatever benefits Greenport will so too will benefit Southold. I understand that Greenport has been referred to as the jewel of the North Fork. Thank you. SUPERVISOR WICKHAM: Thank you, Joyce. Someone' else like to address the Board? WILLIAM CLAUDIO, JR.: Good evening, members of both Boards, Mayor, Supervisor. I'm here in support of the Geier annexation to Greenport, if for no other reason, than there are two willing parties participating, and !saying, we'd like to go into Creenport. Greenport would like to have l:hem, and just on that basis alone, if you have two willing parties that believe that it's a win-win situation, and I just heard about the taxation issue, that doesn't lose either. It would be inexplicable for me to understand why you wouldn't want it. Secondly, as has been pointed out by a couple of items, that not only she mentioned, but in conversation that I've had with others, and it's the tying of Greenport and Southold together. While Greenport may be considered by many in Southold to be l~hat other place, it is the jewel of Southold Town, as far as tourism is concernecl. It is attracting more people ,than any other section of this town, an,d as she pointed " out they travel through here. The basis of Southold Town was recently quoted in the paper about expand or die. We I~ave been expanding out business (tape change) I would like to see more of it. I would like to see Greenport be able to expand a little bit more, so we can afford this tax base, and the growth that it is experiencing, and the profitability that it's bringing to Southold. So, it a win-win situation. I support it. Thank you. '.SUPERVISOR WICKHAM: Thank you, Bill. Mr. Flynn? F.M. FLYNN: I~m F.M. Flynn. I have a few 'remarks to make here relevant to this property. I~m a resident of Southold, and my stand in 'this matter is enhanced by reason of residence in both the Creenport School District, and the East-West Fire District. It is apparent that this annexation would not have been sought if it were not to the applicant's benefit. Presumable the purpose for convening this hearing before both the Town and Village Boards, is to consider the proposed annexation to see that the interest of the residence of both municipalities are ~protected. That neither are disadvantaged as a result of it. If I am correctly informed the Village Board has already issued a negative declaration for the property, incorporating a statement that it's pg 5 - PH development would have no significant adverse effects on the environment. The environment is, of course, is subject to economic influences, not merely ~.he physical. Kindly correct me if I~m wrong, but I heard no mention of the specific zoning district in which the Village proposes to place the subject property if annexed. Certainly the result of environmental impacts would vary condition upon the nature, and the intensity of the use permitted. Under these conditions, I believe it is incumbent, on the Village Board to publicly disclose a binding decision regarding the zoning which would prevail with the property actually ~Jnnexed. Only then would a proper environmental assessment be made based upon the specific usage, and the public, would afforded the opportunity to analysis and voice it's opinions on the concomitant impacts. It has been brooded about, that if this plan to develop the property to affordable housing use. Affordable housing is a politically correct misnomer. It is properly called, subsidized housing. Housing :iubsidized by other taxpayers. Now, contrary to what has been said here this evening, in general with a probable exception of second homes, and those of retirees, residential properties do not carry their fair share of a municipalities tax burden. This would be all the more the case with, so called, affordable housing. Considering the demographics of both the Town and the Village, such subsidies would be provided at the expense of taxpayers, older taxpayers, to whom such subsidies were never offered, but are asked to provide for others. Federal inducements are offered by the way of cash grants, reduced financing, etc. The Village knows well the perils of excepting government largess. It inevitably means a loss of local controls of the project. I have likened in the past the advent of the Federal government to a camel sticking it's nose under a tent. You know what can be anticipated by way of control of the premises thereafter'. Moreover with respect to affordable housing on the North Fork, I doubt that there was any area that offers more housing in this category, than Greenport. Some younger people find housing unaffordable results in large part from the very actions of the Federal government itself. I know of several instances in the community where the market rental vaJue of properties was in the range of $700. to $750. per month. Section eight upon the other hand provided subsidize rental allowance of $13,000. per month for the same properties. Is there any question as to why young couples find rentals twice beyond their means? The problem, the conflict, and the economy arises from the very actions of the Federal government itself. It's very policies, and actions, force rentals upward. It's solution is to ask the overburdened taxpayers to solve the problem, as created, by requiring them, the already overburdened taxpayers, to subsidize~fl the construction of new free standing dwellings. I believe that many of the local residents, if required to subsidize such a project, would be in the position of subsidizing houses for which they couldn't qualify tJhemselves. In closing, I would urge both Boards to consider carefully the effect on general and school taxes, the cost police, fire, and other services, and in fact, the total impacts of any proposed annexation, and develapment of the subject property, those effects on the general welfare of the citizenry of both municipalities. Thank you. SUPERVISOR WlCKHAM: Thank you. Is there anyone from Greenport like to respond to the request early on, on that comment as to what the intention, intended zoning designation would be for this property? pg 6 = PH MAYOR DAVID KAPELL: Mr. Supervisor, if I may, I think I speak for the Board in stating that the one use we can not see for that property is housing. We do think we have adequate housing within the Village limits, but the opportunity we see..John, if you want to jump in here feel free, the opportunity we see with this property is to have use that would compliment the business district in the form of a light industrial use, or a business commercial use, that would enhance business within the Village. We lack, in the Village, a sizable vacant parcel for which such a use could be installed. Housing is the one use, that we do not envision for that property, housing of any sort. SUPERVISOR WICKHAM: Is there anyone else who would like to address the two Board regarding this proposed annexation? WHITNEY BOOTH: Whitney Booth, Southold. I didn't come here really to talk abou'[ this tonight, but I found the discussion going on. It seems to me a very simple matter. The Village of Greenport with great trumpeting restored some amount, of money to their taxpayers. At the same time, somebody wants to take some of our tax base, and give it to the Village of Creenport. I don't quite understand that, and that's all I'm going to say. SUPERVI-~OR WICKHAM: Is there anyone else who doesn't understand it, anyone else who would like to address the Boards? JAMES DINIZIO, JR.: Jim Dinizio, 39 Sound Road, Greenport. That's in the unincorporated part of Creenport, and I rise in support of the ;annexation. A number of years, a parcel pretty close to that was asked to annexed, and, you know, I spoke against it. My reason against it, at the time, was there would be a use there, that perhaps didn't like, and I regret that, because what we have from Southold Town was somewhat less than what I thought could have been to the piece of property. I see the same thing with this piece of property. If you look at the map, it looks as though someone must have stood there when they drew this line with a shotgun, and said, don~t put me in Creenport. It just seems a natural fit 1[here. Certainly the use, or what is there now, does not enhance my property value. I live less than a mile away, and I would love to just see it used for some useful purpose. Affordable housing, I have no objection 1[o. I have no objection to anything other than basically what's there. I notice people taking pictures of that boat every weekend. It's unbelievable. Someone must see art in there. I don~t. I urge you, please, iit shouldn't be them against us. It should be an us. I don't live in the village, but I do believe that I wOuld benefit from it as much as anybody else. Thank you. ?,UPERVISOR WICKHAM: Thank you, Jim. Who else would like to address the Board? Mr. Carlin? IFRANK CARLIN: Frank Carlln, Laurel. Before I start, one question, will this property be given to Greenport for nothing, or will there be money involved there? SUPERVISOR WICKHAM: The property will not be given to Greenport. 'The property will remain with the owners, who own the property. The .question really is, in who~s jurisdiction will apply? pg 7 - PH FRANK CARLIN: As you know, if this was to take place, the Zoning Departmer~t, our Building Department, our Planning Department would have no more control over the future of development of this property. It's taxed now at $L[86.00. That's now. If developed into..well, it mentioned there's no housing, but it will be perhaps business, the tax revenues will go up quite high,, but you'll have nothing to do with it anymore. We'll rule it ot~t on the tax money. Who will benefit? It will be Greenport. It was mentioned here tonight, that this would help Greenport financial status. I think Greenport's financial status was up last year, when they had a sulrplus of $525,000.00, when we took over the Greenport Police Department, and they claim this year they're going to have a tax cut of 73%, so I don't think this property here is going to have that much affect on their financial standings, and as far as tourism goes, I don't think that property over there is going to have any effect more or less on tourism either. You must remember that we lose this property as revenue, ~t isn't worth it now, but it can be a lot more later one, if it's developed in the proper way. Now, we must remember that, that $51~5,000 surplus looks good. Meanwhile, the people of Southold Town are spending thousands and thousands of dollars on overtime to support our Police Departme.~t, because we don't have enough Policemen. Think about that. We must not be, or let the taxpayers be a Santa Claus to Greenport Mayor Kapell. It was also said that we can do something for Greenport. Well, I believe we did do something for Greenport, when we took over their police department. Like I said before, it costs the taxpayers thousands, and thousands, and thousands of dollars. Last October or November it was up there about $35,000 or Stt0,000. That!s all I have to say on this. Think of the taxpayers of Southold for a change. SUPERVISOR WICKHAM: Okay, let me just respond to clarify the question about the impact on the taxpayers of Southold. The comment, I'd like to make is, the Town of Southold really has two budgets. One is the Whole 'Town Budget, that incorporates all properties within the town, including the Village of Greenport. The other is the Part Town Budget, which iincludes the tax revenues from those properties outside the Village of C;reenpor[. It's true we would lose the tax revenues in the Part Town IBudget by losing that property, but we don't lose it in our Whole Town IBudget, because that's still going to be part of the Town of Southold in the Whole Town Budget, and that is a far bigger and more important part of our piece. There would also be no lose to the school district, and to the other districts that are in and around the C;reenport area. So, I don't think, Frank, that it's a black and white gain and lose issue the way it was presented to us. FRANK CARLIN: Wouldn't it be about $107 paid to the Southold Town, and another eight dollars, and something else, about $200 paid to Southold 'Town in '[ax revenues? SUPERVISOR WlCKHAM: I don't have the figures with me. Is there anyone else who would like to address the Boards on this proposed annexation? Is there anyone else before Mr. Flynn has a second opportunity? SUSAN LONG: My name is Susan Long. I reside in East Marion. The statement that I had prepared reiterates what Mr. Claudio had to say pg 8 - PH 'this evening, so I won't take your time then saying exactly what he had to say. I would ask this evening that each of you on Board work together with the Village of Greenport, and the Geier family. As a unit working together, and I see that it would. . personally I believe that it 'would benefit all the parties involved, and I'm praying for a favorable conclusio.~ in this for everyone that is involved. I would just like to state that, you know, sometimes we feel like we're losing some of our property rights, the government gets involved, from the top right down to 'the local officials, and we feel like we're losing our rights, and I would just hope that the GeJer family doesn't lose their property rights, and 'their desire to do what might be best for everyone that's involved in a situation. Thank you. SUPERVISOR WlCKHAM: Would anyone else like to address the Boards on 'the proposed annexation? F.M. FL'YNN: F.M FIynn, again. I would merely like to reiterate 'what I think is suggestion, namely, that before the Southold Board acts on any pending disposition of the property, that we see the binding decision .on the part of the Village Board, as to what use is going to be made of the property. You can't just devest yourself of anything without realizing what effect perhaps the potential use would have on the residents of Southold, therefore you can't act in a seemly fashion if you don't know, and having a binding decision as to what use will be made of the property. Thank you. SUPERVISOR WICKHAM: We've heard from the audience. Maybe there's a ,word thai: the Boards can have in communication with each other. Anyone from the Greenport Board llke to make some comments? .JOHN COSTELLO: I have several comments, but I went through an exercise in utility in the same type of vein, and I feel sorry for anyone else that makes the effort to unify Southold and Greenport. It's extremely difficult. It was tried in 198u, at the cost of thousands, and thousands of dollars, close to a hundred thousand dollars, not thinking that Greenport had the capabilities of handling, and managing the government portion of this property that was turned down. Greenport certainly has the same capability as anyone to manage this property to the benefit of 'the Town of Southold. We are the Town of Southold. Greenport is a seaport in the Town of Southold. We're going to remain in the Town of Southold forever, hopefully. I can see that this being some benefit particularly where Greenport undoubtedly, whether this property stays in Southold, or in Greenport, will be asked to provide some utilities to the property. Number one, one of the biggest assets in Southold Town is the Greenpor't's Electric Department. It's approximately half the price of LILCO, and we have the opportunity possibly to create jobs and service utilities to a piece of property, which we're going to asked whether it's in Southold or not. I think Greenport should have that benefit, and manage their utilities, and try to manage this piece of property to the benefit of all Southold. That's all I have. MAYOR DAVID KAPELL: Mr. Supervisor, I think that the two issues that are most important to the decision are the ability of the Village of Creenport, first of all, to provide a zoning classification to that pg 9 - PH property, that is different from what the Town has to offer. The Town's Zoning is appropriate to the town, but the Village has more latitude in developing a zoning for the property, that would encourage employment. 'this is the Village Board's primary goal in annexing the property, if we proceed. The other critical component is the ability of the Village to provide utility services, that are really unique on Long Island, until you get west down to Freeport, and Rockville Center. We have not only a 'water system, we have a sewer system, and we have Iow cost electric, which is a unique advantage, particularly with respect to attracting a business that might otherwise considering moving off Long Island, or we read all the time about businesses relocating off Long Island because of high utility rates, and high taxes. In Greenport we have cheap electric, we have the availability of water and sewer, and luckily, as Mr. Carlin pointed ()ut, recently we have reasonable taxes. We feel that with a sizable parcel such as the Ceier property, which otherwise does not exist witl3in the incorporated village, that we may stand a decent chance of attracting a sizable business to locate it's facility in Southold Town, and provide employment. Understand that our object of this is to attract an employer, who would employ at least thirty-five people. Under the regulations of the New York State Power Authority, if we're successful in doing that we would be entitled to an increase in our hydropower allocation, which is the cheapest way available for electricity in New 'York State. To get back to the question of housing for a moment, it would be distinctly in the Village~s non-interest, or bad interest, to put any housing on that site whatsoever, because any increased consumption of electricity, that's not related directly to employment of thirty-five, or more persons, would result in increased use of atomic power, which raises the cost of electricity to all other Village users. So, on the contrary, housing is something that we would be very much against, adverse 1:o Village interests, so we have no interest in that pursuit. What we[re looking at is an opportunity to develop a significant amount of employment. We think we have ability to do so, that the Town lacks, and 'that's where we were with the essence of this undertaking lies. BARBARA HEANEY: I'm not as familiar on the subject as I would like to be, as I~m new to the Board. However, I am in favor of the annexation. It is within the limit, if you want to say, of the unification of Southold, and Creenport. No ones losing anything, and of course, I want the owners to remain as interested in their property as possible, and whatever they want to do with it. If they want the Village of C;reenport to have it, it's their property, they're paying for it, so be it. SUPERVISOR WICKHAM: Are there any comments from the Southold Town Board? COUNCILWOMAN HUSSIE: One thing, the subject of taxes, and how much we are going to lose occurred to me, too, and I did check with our Assessors. When all is said, and done, as things stand now, the Town of Southold would lose in tax money $496.35. That's it, the total bill. :SUPERVISOR WICKHAM: Anyone else like to address the Boards on this subject? pg 10 - PH 'COUNCILMAN LIZEWSKI: I have to agree with Mayor Kapell. I think 'there's an opportunity here to possibly bring in some employment, and I think that the electric rates will encourage the possibility of bringing, not to just Greenport Village, but to Southold Town, and it's going to increase our spendable income. We've lost a million dollars a week from Grummans. We lost Hazeltine; We basically have lost a big piece of even Plum Island to other people. I mean, most of Plum Island don't even come from the North Fork anymore, so I think that this is definitely a step in the right direction, and I just wish there were more property like that. FRANK CARLIN: Just one more comment. That's true, and I agree, if Mayor Kapell can bring in business in that area, I'm all for it, because 'we need this in this town here. Southold Town can't do it. Maybe C;reenport. can do it. If that's the case, fine. SUPERVISOR WICKHAM: Thank you, Mr. Carlin. COUNCILMAN TOWNSEND: Just a comment on the exiting zoning. It hasn't been mentioned at the hearing. I think it should be on the record. The existing zoning on that property is Hamlet Density, which is 'the closest thing we have to multi-family housing, and has been the location of most affordable housing in this community. SUPERVISOR WlCKHAM: The annexation, if it were to take place, would reduce the pressure of residential development. .COUNCILMAN TOWNSEND: I don't know. I assume, given what they're saying, that would be the case, but I'm just saying what it is now. SUPERVISOR WICKHAM: Seeing no one else wishing to address the Boards on this, I declare the hearing closed. Southold Town Clerk 1995 Sidney D. Cymbalsky 65300 North Road Greenport, NY 11944 gouthold Towa Board Rd. Southold, NY 11971 Dear Sir: P..E: Annexation of (]eier property mute 48 (3teeapott, NY 119~.~. Whil~ it may not bo illqgal for a gsid~ ora Distant 8tat~ to l~tilion rt~ transfer of this i~:~L It is ~ morally reprdgmible for Southold r~id~nts. Annexation is a v/ohtion of scction 704 1-E of th~ ~ Municipal Law. Iris absurd for the Villase of Otee?ott to have co~hol ora parcel 1/2 mile fmm~e ~ ~llage ~ide~ Th~ huu,Y~ects of Southold ~ clo~r and adjoining the pm~l must have the ~i~ht to lmtition ~ repmseatatives on th~ SouthoM Town Boaid over ct~lopm~t issues. h ~ a known fa~ ¥ilhge Oflioials do not mamin saggea6~s or qu~ioas from non'Village . Taxpay~m. Toquot~thoMayor~aqu~ionfromanonvillageiaxpal~r. ~I-Ioww~ ~dloeate me~ey ~at o~_as into our village is our business". Transfer of this parcel ~ further erode ll~e 8outhold Tax Base. While in~ now n~w devdopnumI oould m~m a substantial ~ No Villas© roads adjoin this pimP. Road ia,xes to tl~ village would b~ a unjustifed wiadfall. Non annexation win have no i ,ml~t on Villase r~sidtmts. Annoxation ~ n~ativdy off~ gouthold ~esid~ts on plamling, taxation and zoning issues. Sidney D. Cymbslsky ~ JUDITH T. TERRY TOWN CL]~RK REGISTRAR OF VITAL STATISTICS iV~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 5, 1995 Honorable I_orna Catus Greenport Village Clerk/Treasurer Greenport Village Hall 236 Third Street Greenport, New York 11944 Dear Lorna: Enclosed is the Notice of Hearing on the Marion M. Geier petition for annexation to the Village of Greenport, set for 8:00 P.M., Tuesday, May 2, 1995. Very truly yours, Judith T. Terry Southold Town Clerk IFnclosUre LEGAL NOTICE · In~ ~te£ of the ~p~ CafiOti of: : Pii~nt t~ A~ e i 7 of ihe G~n~di 1 Law to ~nex a STATE OF NEW ~'qRK ) ) SS: COUNTY OF SUFFOLK ) ~of Mattituck, in said Cottony, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, which the annexed is a regularly published in said · S,h week for [ weeks t! - V~ on the {D day of 3O Principal Clerk such . petition do nots 'a majority in-value of the property within such ten']~ory assessed upon the last preceding to~wi:as~sgm~n~ ~-~311 or (~1) Tha[.~e peiition- dbes ~fiOt oth- erwise subsiantiall~ comp y in form br content with the provisions of Article Public minutes to the point of the I 1995. BY ORDER OF THE peri- SOUTHOLD TOWN BOARD BY JUDITH T. TERRY~ TOWN CLERK y pey- 8293-1TAG~ .... signing such owners of oth- f comply in form or said '~ conten with the provisions of Articl~ STATE OF NEW "'qRK ) ) SS: COUNTY OF SUFFOLK ) of Mattituck, in said CounT, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said ~ weeks day of (1) of o be naf annexed. tt Or ~ted, or (4) off any D Principal Clerk district or other dis- ! Public persons residing within I to vote for In the Matter of the Application of MARION M. GEIER Pursuant to Article 17 of the General - Municipal Law to annex a parcel of property to the territory of the Village of Greenport Petitioner, X NOTICE OF HEARING STATE OF NEW YORK) SS,: COUNTY OF SUFFOLK) JUDITH T. TERRY, being duly sworn, deposes and says, that deponent is the Town Clerk of the Town of Southold, is over 18 years of age and resides at Southold, New York. That on the 5th day of April, 1995, deponent served the within Notice of Hearing upon the persons named below at the addresses set forth opposite their names by depositing same within a postpaid properly addressed wrapper in the official post office at Southold, New York: Marion M. Ge/er Babette Corn/ne, Clerk Atlantic Mobile Park #30 Greenport School District Newport, N.C. 28570 Front Street Greenport, N.Y. 11944 Sworn to b~efore me ~hiS 5th day of April, 1995 Judith T. Terry ' NotarY/ Publi/: UNDA J. COOPER Notm'y Public, S~ate of N~ York No. 4822563, Surfak County,,~ Term E×pire,~ December 31, 19. ¥ c~ SENDER: ~-- -- ..~'- -:: - 'J?~ ' ' tLe · Complete items 1 and/or 2 for~3z~diUonal s~r~ices.' ~ also wish to receive n · Complete items 3, and 4a & b. ~'~} following services (for a~ extfa ~ ° Print your name and address on~ reverse of this form so that we can fee): j '~ return this car(J to you. ' ~ 1. [] Addressee s A~dres~ r~ · Attach this form to the front of the maiipi~cb~ or on the back f space ~ · Wr[te"ReturnReceiptRequested"onthemailpieceoe~owthearticlenumb( 2. [] Restricted Delivery Consult postmaster for fee. ~~, Service Type  Registered [] Insured L~ : ~J~ Exnress Mail [] Return Receipt fbr -~ ~ Merchandise ~;..~ate of Delivery ~ >~ ~= ~ ~ 4a. Article Number "O o ~ 3. Article Addressed to: ~ : ~ P 358 217 363 Marion M. Ge/er Atlantic Mobile Park, Newport NC 28570 · d C~a* .... ~Addressee) / ~ 8 Addressee's Address (Only If request° '~"~"~"~='-/~ ''~ --z._ ~ ~ ~ and fee i~ Paid) .. 3811. December 1991 ~u.s.~PO:~.~-,~. DOMESTIC RETURN RE~I,I RETURN RECEIPT ~ Becembe[ 1991 ~u,S. Gpo:I~2-714 DOMESTIC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 5th day of April , 1995, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold. Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Towr~ Hall, Main Road, Southold, New York 11971. Notice of Hearing on the application of Marion M. Geier to annex a parcel of property to the territory of the Village of Greenport, 8:00 P.M., Tuesday, May 2, 1995, Southold Town Hall. Sworn to before me this 5th day of_ April , 1995. Notary Publ(c ~/ 3udit~T. Terry f Southold Town Clerk In the Matter of the ApPlication of : MARION M. GEIER : : Pursuant to Article 17 of the General Municipal Law to annex a parcel of : property to the territory of the Village : of Greenport : Petitioner, : ........................................ X NOTICE OF HEARING NOTICE iS HEREBY GIVEN, pursuant to Section 704 of the General Municipal Law, that a petition of Marion M. Geier, for the annexation to the Village of Greenport of certain territory adjoining said Village has been received, by the Town Board of the Town of Southold, being the town in which the said territory proposed for annexation is located is described as follows: All that certain plot, piece or parcel of land lying and being at or near the Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same is intersected by tlqe westerly side of land now or formerly of the Village of Greenport, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moores Lane, and from said point of beginning running thence along said land, south 4 degrees 01 minutes 10 seconds east, 1106.60 feet; Running thence still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; Running thence still along said land, north 4 degrees 06 minutes 10 seconds west, 830.50 feet to the southerly side of said North Road; Running thence along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the point or place of beginning. That a joint hearing will be held on such petition by the aforesaid Town Board of the Town of Southold and the Board of Trustees of the Village of Greenport at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of May, 1995, at 8:00 P.M. on said day. That the members of the aforesaid governing boards of the Town of Southold and the Village of Greenport will meet at the time and place above specified and Will hear any objections which may be presented against such petition for annexation upon any of the following grounds: (a) That a person signing the petition is not qualified therefor, or (b) ThatI the persons signing such petition do not constitute twenty percentum of the persons residing within such territory qualified to vote for town officer's, or (c) ThatI the persons signing such petition do not represent the owners of a majority in value of the property within such territory assessed upon the last preceding town assessment roll, or Page 2 - Geier ~'~'~nexati°n (d) That the petition does not otherwise substantially comply in form or content with the provisions of Article 17 of the General Municipal Law of the State of New York, or (e) That the proposed annexation is or is not in the overall public interest (1) of the territory proposed to be annexed, or (2) of the local government or governments to which the territory is proposed to be annexed, or (3) of the remaining area of the local government or governments in which such territory is situated, or (4) of any school district, fire district or other district corporation, public benefit corporation, fire protection district, fire alarm district or town or county improvement district, situated wholly or partly in the territory proposed to be annexed. Objections, based upon any of the grounds set forth in paragraphs a, b, c or d above, shall be submitted in writing. Dated: April 4, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD BY JUDITH T. TERRY, TOWN CLERK PLEASE PUBLISH ON APRIL 6, 1995, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Village of Greenport Town Clerk's Bulletin Board Marion M. Geier Greenport School District In the Matter of the Application of MARION M. GEIER Pursuant to Article 17 of the General Municipal Law to annex a parcel of property to the territory of the Village of Greenport Petitioner, NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 704 of the General Municipal Law r that a petition of Marion M. Geier, for the annexation to the Village of Greenport of certain territory adjoining said Village has been received by the Town Board of the Town of Southold, being the town in which the said territory proposed for annexation is located is described as follows: All that certain plot, piece or parcel of land lying and being at or near the Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEG1NINING at a point on the southerly side of the North Road, where the same is intersected by the westerly side of land now or formerly of the Village of Greenport, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moores Lane, and from said point of beginning running thence along said land, south 4 degrees 01 minutes 10 seconds east, 1106.60 feet; Running thence still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; Running thence still along said land, north 4 degrees 06 minutes 10 seconds west, 830.50 feet to the southerly side of said North Road; Running thence along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the point or place of beginning. That a joint hearing will be held on such petition by the aforesaid Town Board of the Town of Southold and the Board of Trustees of the Village of Greenport at the Southold T. own Hall, 53095 Main Road, Southold, New York, on the 2nd day of May, 1995, at 8:1)0 P.M. on said day. That the members of the aforesaid governing boards of the Town of Southold and the Village of Greenport will meet at the time and place above specified and will hear any objections which may be presented against such petition for annexation upon any of the following grounds: (a) That a person signing the petition is not qualified therefor, or (b) That the persons signing such petition do not constitute twenty percentum of the persons residing within such territory qualified to vote for town officers, or (c) That the persons signing such petition do not represent the owners of a majority in value of the property within such territory assessed upon the last preceding town assessment roll, or Page 2 - G~ ' Annexation (d) That the petition does not otherwise substantially comply in form or content with the provisions of Article 77 of the General Municipa] Law of the State of New York, or (e) That the proposed annexation is or is not in the overall pub]ic interest (1) of the territory proposed to be annexed, or (2} of the local government or governments to which the territory is proposed to be annexed, or (3) of the remaining area of the local government or governments in which such territory is situated~ or (4) of any school district, fire district or- other district corporation, public benefit corporation, fire protection district, fire alarm district or town or county improvement district, situated wholly or partly in the territory proposed to be annexed. Objections, based upon any of tile grounds set forth in paragraphs a, b, c or d above, shall 'be submitted in writin9. Dated: April 4, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD BY JUDITH T. TERRY, TOWN CLERK PLEASE PUBLISH ON APRIL Ii, 1995, AND FORWARD TWO (2} AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX I179, SOUTHOLD NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Village of Greenport Town Clerk's Bulletin Board Marion M. Geier Greenport School Oistrict ~JDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS ]MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTH[OLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 4, 1995: WHEREAS, a petition has been received by this Board from Marion M. Geier for the annexation to the Village of Greenport of certain territory adjoining said Village; and WHEREAS, pursuant to Article 17 of the General Municipal Law, a hearing must be held with respect to said petition jointly with the Village of Greenport; now, therefore, be it RESOLVED that a joint hearing be held on said petition of Marion M. Geier by this Board and the Board of Trustees of the Village of Greenport on the 2nd day of May, 1995, at 8:00 P.M. at the Southold Town Hall, Main Road, Southold, New York; and be it FURTHER RESOLVED that the Town Clerk be and hereby is authorized and diirected to give all notices of such hearing required by said Article 17 of the General Municipal Law. Judith T. Terry (/ Southold Town Clerk April 5. 1995 MAYOR DAVID E. KAPELL TRUSTEES JOHN A. COSTELLO GEORGE W. HUBBARD WILLIAM J. MILLS ROBERT E. WHITE, SR. iNCORPORATED 1838 NEW INCORPORATION APRtI- 7, 1868 236 THIRD STREET GREENPOR'I, NEW YORK 11944 FAX FAX (516) 477-1877 CLERK / TREASURER IX)RNA M, CATUS (516) 477-2385 (516) 477-0248 March 21, 1995 RECEIVED 2 995 Hon. Judith Terry Town Clerk Southold Town Main Road Southold, NY 11971 Town C~er~ RE: Geier Annexation Dear Ms. Terry: Enclosed please find a resolution passed by the Greenport Board of Trustees at their Regular Meeting of March 16, 1995. Very truly yours, Eileen Van Wart Deputy Village Clerk VILLAGE OF GREENPORT BOARD OF TRUSTEES REGULAR F~EETING M_ARCH 16, 1995 ACTION TBKEN BY THE GREENPORT VILLAGE BOARD OF TRUSTEES: Re: Geier Annexation Motion was made by Mayor David E. Kapell, seconded by Trustee John A. Costello and carried to adopt the following resolution: RESOLUTION WHEREAS, application was made to the Village of Greenport and the Town of Southold by Marion M. Geier to annex certain property t~e v~lage pursuant to Articie 17 of the General MuniciPal Law, and WHEREAS, it was determined that a State Environmental Quality Review (SEQR) must be completed pursuant to part 617 of the Environmental Conservation Law, and WHEREAS, in accordance with 6 NYCRR 617.6 the Board of Trustees of the Village of Greenport declared itself lead agency for said SEQR review, and WHEREAS, in accordance with the SEQR regulations and upon the consent of the applicant, the engineering firm of Cramer, Voorhis and Associates was retained as consultant to complete the SEQR review, and WHEREAS, A Long Environmental Assessment Form (Part 1) was completed by the applicant and forwarded to Cramer, Voorhis for review, and WHEREAS, the review has been conducted by Cramer, Voorhis & Associates, Parts 2 and 3 of the Long Environmental Assessment Form have been completed and a Negative Declaration in accordance with 6 NYCRR has been recommended. NOW THEREFORE BE IT RESOLVED THAT: 1. The Board of Trustees of the Village of Greenport as Lead Agency has reviewed and considered the Long Environmental Form submitted by the applicant and completed by Cramer, Voorhis & Associates, the environmental effects of the proposed action and the recon=aendations of the consultant. 2. The Village Board as Lead Agency hereby adopts the negative declaration as follows: (see attached) SEQR NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON-SIGNIFICANCE Lead Agency: Address: Date: This Village Board of Trustees Incorporated Village of Greenport Village Hall, 236 Third Street Greenport, New York 11944 March 16, 1995 notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has dete~,,,ined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: Geier Property ~nnexation to Incorporated Village of Greenport the Unlisted Action [6 NYCRR Part 617.12 (i2)] The applicant intends to annex the 10.5 acre subject property to the Incorporated Village of Greenport. The subject property presently lies adjacent to the Village boundary, in the Town of Southold. Location: Subject property is located on the south side of North Road (County Route 48), approximately 350 feet west of Moore's Lane. Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination Significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, II and the following specific reasons: In comparing the proposed annexation with SEQR Criteria for Dete£~nation of Significance it is noted that the action will not change, destroy or impair air, water or natural/open space resources, or historic/archaeological resources in the Town of Southold. The action will not increase traffic volumes, solid waste generation or impact on population patterns, noise levels, or the use of energy. The proposed action is not in material conflict with the municipalities current plans or goals. The proposed action will not create a hazard to human health. am A zoning district compatible with existing land use and the ultimate planning scenario for the Incorporated Village of Greenport will be assigned by the Village Board of Trustees. The proposed action will not result in an adverse impact to the Town of Southold in terms of property tax revenue. The action will, however, provide increased property tax revenue to the Village of Greenport. The socio-econon~c aspects of the Town of Southold and the Village of Greenport are not anticipated to significantly change as a result of the proposed action. For Further Information: Contact Person: Address: Phone No.: Lorna M. Catus, Villager Clerk/Treasurer Incorporated Village of Greenport Viiiage Hali, 236 Third Street Greenport, New York 11944 (516) 477-2385 Copies of this notice sent to: Village Attorney of the Village of Greenport ,~llage Clerk of the Village of Greenport own Clerk of the Town of Southold Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation. CERTIFICATION STATE OF NEW YORK) SS COUNTY OF SUFFOLK) THIS IS TO CERTIFY THAT I, Lorna M. Catus, Clerk/Treasurer of the Village of Greenport of the County of Suffolk, have compared the foregoing copy of the resolution now on file in this office, which was adopted by the Board of Trustees of the Village of Greenport of said county on March 16, 1995 and that the same is a true and correct transcript of said resolution of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Village of Greenport of the County of Suffolk. March 20, 1995 Date SEAL February 13, 1995 Ms. Lorna M. Cams, Village Clerkfrreasurer Vill!i/e, o.f Greenport 236 Th/rd Street Oreenpo~ NY 11944 RCVD Dear Ms. Catus: _ As per ~e your request, we have .coml?eted a pr.el~m~,ary review of the above referenced proFc~. Tasks and completed activities are identified as follows: The parcel has ~ field iu._~pected by CVA, a-d the !.~AF has been reviewed and amended as necessary, A copy of same is attached. Pret~re Part HLEAF . The Pan H LEAF checkhg has been completed and is also sttached. Additional information concerning our findings is included below. Environmental and Planning Considerations The propgsed project is an ~--_exation of a 10~. acre site into the Inco.rporated Village of Gree_nport. The subject property is located on the south side of North Road (Coun~ Rdute 4~), appr-_o:lidately 350 feet west of Moore's Lane. The subject propc.ny may be desert"bed as adja~nt to the Village of Green_ port,. .as ~e Village llne ~,-,~ aldag the southern, eastern and wes~rn property lines, of the s~te. The pro. peny is appro,~m~tely 475 feet wide and an average .of 969 feet ~leep, with 554 feet of frontage on Noi-th Road. The parcel has been respected and en, aro~mental references concerning the site and area have been consulted. In term.q of existing land use, the subject site/s presen, tl¥ npt utfl/zed for .au.), purposes. However, three b.uildings associated with the past resa.d.e,n, tial use of the s~te occupy the northern portion of the property. Two of these buildings are past residences and the other ~em~ to have been used as a barn or garage. It _appears that none of the build/rigs have be~_n occupied for a number of years and all oi~ the buildings are in serious ilisrepair. It should also be noted that sever~ abandoned above ground oil tanks were observed on the p_ro. peny. Atthqu~ no visible a!/..verse effects in the form of observabl8 product.re`lease ..were noted in co~eaion wire mese tanks, further investigation regarding the~' mte_gnty and contents may be warran.te~... Apprbximately the southern hktf of/he site is forest.ed, with canopy spec/es conmting or,hire'oak, ~r.. le, t oak, grey birch, ma.. p!e, wh/te pine, and beecE The. no_nhem portion of the s~te m the area of the e._~ung struct~...es can be, characterized as ~andoned field. TMs area is pr~m:~dly covered wire aster, wild rose, tur/grass 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE NY 11764 (5t6) 331-1455 · and ~nllno~ of cano~ species located on the forested port/on of the site. The Long ;: Env/rd'nme"ntal As,~__ _' -merit Form - Part I · prepa[..ed by ~oyc~_ A. I-Iarroiin for the "pro ,p?ed ~,,,_-~_t/on of the subject property fndicates that 3.415 acres of the site Lq weO~ by freshwater wetla~, The dominant ,~nopy spede$ w~thln, the on-site are red maple and black ~ The NYS I~Oarr~ent of Emgronmentul ConServation .(NYSDEC) ,Freshwater We .t~. Map For the .So. uthold Quadrangle was congdted for the 1. ,o~. 'on of wetlands m the area of the site. The map. depicts .the..fre~..ater wetlands line ~ ~ aI,o~.ng th~ ~uthem property .~ ,~f the sit¢~ indica_ting that only a very smau poruon ot me sxte ~s occupxea vy weuanos vegetat/on. Should a development project b~ propO~.d for the site, a more accurate assessment of the extem of freshw/ter wetlands on-ate should be COnducted. At that ~,~e, the wetlands should be/lagged by the NYSDEC, surveyed and truman'veal onto a site plan. ~ toff..NYCt~.. Part .663,.ff~e NY.SDEC_m~in+~in~ j '.ur[~_'.cfion over ~.ctivitles w,hi~.100 fe~t of the wet!m_&.boun _dg~. GeneralIy, m.e .NYSDEC doqs. not permit principal structures withln 75 of the wettaficls area. The me is ant/c/gated to support tony spec/es of avian wildlife and small mammalq, l. and use to the nozth of the s/te COnsists of sit~e-fam~y residen6_a_! lorn of ~e no~ ~de ofNo~ R~ To &e ~t of~e s~e Ees O~n~ ~ted ~ Inlet Po~t ~ P~ ~ to ~e ~t~d ~u~ of ~e cate ~e ~ed by ~e v~e of Gr~ ~9 ~ ~e p~y ~a~y Vegem~ but ~e ~ ~pied ~ ~ee~ Water ~ we~ ~d ~e Or~ ~ge Treah~ent PI~L To ~e w~t of ~e d~ H~ red~enfi~ lo~ ~ ffon~¢ on No~ R~. ~ to ~e w~t h a of The subject prOPerty is pr .e.?.nfl. flj mn.ed H..am!et .Density .lIflD) bi th..e Town of Sou~.old. Permitteit uses m I-ID zon/ng districts .'.mcl.ude ,s, ingle-family detached dwellings .oz[, 10,000 .squa{.e foqt lots and two-f~m,ly dwellings on 20,000 sq .u~re foot lots, Mul. tipl?.dw.e~h,,~ .tow~,. 0 .u,fiCs?, atta~ hofi~, and 1~., d-~d-B, re, .a~t u,~.s, are peraattea m rxo zom,~ a,stricts oy specuu excepuon.~y me. ,ngar.~ or.qt~laems ot the Town of. Southold. It Lq {mport~. t to note, ho.w?er, that Article 6 of th~ Suffolk co ty Cod . a y,-,,,- .flow. coo per per acre (two dwelling umts per acre)m areas o[ Hy~_ .oge_oiol~?.zone t v w.nere putmc water is available, but sewage, treatment is no& If. b6~ public writer a~l sew, age trea~m~--.nt ~e available, ~ development denmty ~s regulated by zonm$ If the a~n*ralaon ~s approved, the Village Board of Trastees of theV~illas[e of Oree.nport will assign a pai-ticular zo. nk~ disfrict to the_su, bject prope . The _ma_ pacts of . . deVelopment COnsistent the future zoni~, of Mae property ~ be addressq, d during tine $EQRA review proce~ if and when a development proposal is submittecl. The sit,e was/mpeaed and found.to have, soils condudv, e to leaching over . approximately _60 per. cent of the sae..This area, _o~laymg ~e northern po_trion of the sit~, correspo' .n~s. to the location of Riverhead sandy r°am softs (Rcl~..'.O. to. ~ percent dope0. C/aadice silt 1°am _(Ca) overlies the southeastern comer ot me cate,. gefi~ral~y co .rresponding to the 6n-site wetlands area...~.ese so/Is, f,o~ .e~. ~ sil~and ~layey_dipodt~ and are '_l~aor. !y_ dr:~. ' .ed. The USGS Soft., Survey o£ au~.,om,.C0.Unty,~ New Ygrk 0~r,~, et ~ 1~..$) indicates Canadice soils have ~.v.?.re b__m~tat~on$ mr use as homesites and sewage. ~ fi.el& due to slow permeabil/ty.. T~,_e, _. so.u. thwestem COmer of the cate ~ OCcupied by S.udbury s~_dy loam sbil$ (~u): In, ese soils are moderately well-drained; however, their pro~n/ty to the poorly drainea / _C~. mt;ce, sa/Is .tony 1;m;~ effective leaching capabilit/es. The subject site/s generally _...?at over its entirety. Thc ¢leva.fion of ~ .o~udwater beneath the. site is approximately ! foot above mean .sea_I~.el (msl) and the average topograpkic elevat/6n on the rite is 15 f.~t abovc msl, indi~,,i a dep.~ to~o~r .o£a~-jpro~mntety 14 feet. Although th,, depth to water may ~o,H .de .adequate le~,~hmE dfst~, ce for on-site sewage ~ system% hoolmp to the ex~sting.sew~., e treatment plant to the south of the mbj'e, ct p/operty ate is lo.ca m a waIer oudge~ Area _as~ _mapped by the No~rth Fork Water Supply ms)..Water Buaset Arm represent thar~ locafiom whire there is s~,t~dent gro~undw.a, ter to develOP large pF.'bli¢ .wa~, r ~J~ply we. Ih: Ou~dq me budi. et areas, there is o.nly s~,i~clent .supply to .allow .m.e cleveio .pmenl ox smauer nome weu systems. The subject prope_r~y ~s not 1.?a~,, _in~ .area '~unpa?~_, _,by ~itrate or pest{clde contaminatlo= according to the l'~orth l, ork Waier ~uppiy tiaa. Imp_ ac!.s' associated with the proposed ..alunexa~.'o.n of the Geier property are primarily related to tax revenue, generation and the r=eapmnCs of .the revenue. The mos~ recent ~ .a.s.s~}s!~._nt' of the ~st}bjec~ property as.se, ss~ the land .at $~,300 and the _italY_ ovements a~ $4,~0o, t-or a. total assessment, o~ $10,100. The total taxes generated by tl3e subject propert7 at this a,s~s.~d ?I .u~ti'on is ,~993.41. The table b~low presents me most recent/ssess~ value of the s~te, the tax ~tes and the tax amounts for each tax . Suffolk Co~ty $54.901 $10,100 $554.50 Suffolk C~. College 0.279 10,100 2.82 To~ of Sou~old 127.098 10,100 1,283.69 Grm~ Sch. Dist. 463.811 10,100 4,684.49 ~lic L~ra~ 7.899 10,100 79.78 S~ci~ District 38.429 10,100 388.13 Total $692.417 $6,993.41 Town of Southotd ~ that the Town of Southold as.se.sses property, values within the Town as well as the Village of.~reenport, the assess~ val/mtfon of the Geier property h not aud~pated to change ~tely upon ,.a~..exation of the property. A V'flla~e tax rate of $29.71 per $100 assessed vahiadon will be applied_to the pro _l~...n'y in addition to the district tax rates pr...e:sented in the table ahoy& At the cur/eni Village rate, the SUbject. property will 8 ~enerate $3,000.71 of revenu.e for ~e V' .fllage. It should be noted, however, thai the current Viii-ge tax rate/s ..anticipateal.to be reduced for the next fi.w. al year, due in part to the prbvlsion of police protection by the Town oi Southold. Although not an immediate result of the proposed annexation, add/fional impacts i~NVIRONMENT~D~G CONSULTANTS RECEIUED FROM 516331,9046 02. 14. i995 I4:52 p. 3 ~c ~r ~ ~ ~c $5~17 ~ ~t ~m~ 1~ ~ of ~ ~e ~ G~ ~ ~ ~c ~hoUy m~ ~ ~ ~ ~r. H~er, for p~ ~~ ~ f~ ~e ~ ~ ~ ~e, ~ ~e ~p~on of a ~ water ~~n ~. ~ ~ a..ev~oa ~ ~elgpme~ of &e alii (eh mffi~-~y ~ ~ ~ ~ ~ ~e for w~ &e ~ o~er z r~le tor ~er ~~ly_w ~e ~ of ~ ~er P~O~ ~d ~ ~wer~e ~ 1~ ~o~ · ~p~s w~mm ~~. ~ ~6n ~ ~te a~ m ~ public The pro .p~. annexation o~.the Geier property to the V'.~ge of Greenport will not c~eatc an u~ue burden on the environmental resources of thc site or area. The ~nnexation will, however, result in a pos~tive ....c~ge. in prop~_rty tax rcv!nue for the V'.~lage: UPOn . .a~n. exation.q£ the propy~_y, the yillagi.Boa~d of Trustees ~ ~sign a zoning c~.tr~.'ct to the rote in conmdem6~ of the ems ~.t~g enmronmentaI resources ~ above and m~.te planning scenario envisidned for ~he V'fll~ge..Zoning may be a~p~ed to pro. vide for e gr .ea.. f~st.potently! benefit ~ the Village in terms ot tax generation, employment, recreational use or retention of open spare, If ~c Board is in agreement with this review, the proposed a,.ction does not appear to warrant the preparafign of an envu'onmental ;m,~ct statement, part/.cularly in view bt the fact that antlci -~p-p-p-p-p-p-p-p-p~ .cha~. es are primarily asso~_'_'ated with economic issues, These eh~es are not expected t9 ' .sil~.~.~y &axle the socio-e!o, nomi¢ aspecU of the Town or V'~la~e. Therefore a ncgaUve ;declarat~n would be appropriate. .ify.o.u have a~. questions or ~sh_ any further input with regard to this matter, please do not hemtate to call. Very trul~urs, ~hlfi'les .l. Vo~his; CEP, AICP eric: Long EAF Parts I & H and Negative Dec-!_~_,'atlon CRAMER, V~ CASOCIATES ENVIRONMENT~~G CONSULTANTS ~4 RECEIIJED FROM 5t65518046 02.14.1995 1~:55 p. 4 TIVE D TION Notice o~ Determination ~ Non-Significance yinage Board of Trustees Incor~rated Village of Greenport Village ~an, 22~ Third Street Greenport, New York 119a.a, February , I995 This notice is f,~ued pursuant to Part 617, of the imolementing re~Jations to Article 8 (State Em-/ronr~ental Q~!~ty Review) of the i~nvlronme~tal~Conserv~l/on La~. The,lead a~e__ncy has .determined that the proposed act/o~ desau'bed below will not h_ave a si?,~__ _,~__ t effect on me env/ronment and/haSt a Dra/t En~v/ronmental ~'mNact statement need not be prepared. Title of Actio~ SEQR Project Description: Location: Ge/er Property Annexation to the Incorporated Village of Oreenport Unl~.uted Action [6 NYCRR Part 617.12(12)] The applicant/ntench to annex thc 10.5 acre subject property to ~e Incorporated V' _flhge of Greenport. The subject prqp~rty pre~ntly lies adjacent to the Village boundaxy, m th~ Town o£ Southold. Subjea property is located on the south side 0£ North Road (Comty Route 48), approx~nately 350 £eet west o£ Moore's 1 ~.e. This d~izilnation is issued in full con~;deration of the Criteria for Dete~,~;n-tion of Signif~_cauce conlalned i~. 5 NY .C~R. Part 61711, the Lo.v~ Environmental Assessment Form Parts I, H and the follovd-$ spe~.'fic reasom: - In ~mpar/~ ~e ~oposed ~nne'~tion with ~QR ~tefia for ~te~i~on of Si~n~ ~'- ~t ~ no~ ~ ~ ~pn ~ not ~t d~oy or im~ ~, water or ~/9~n ~ r~.or ~tonc/~lo~ r~ ~ ~e ~o~ of ~oM, ~e ~on ~ not ~e~ ~a~c volumes, ~d ~te ~enerauon or ~.on ~p~fio~p~ no~ l?e~ o~ ~e.~ of ~e~..~e pro~ed ~on ~o~ m ~ ~ ~m me ~a~ ~nt p~ or g~ ~e proud ~on ~ not ~ a hazard to h~m~ h~ me mcorporatea Village ot oreenport will be assigned by the VEI~e B~ard of The proposed action ,sill not result in ~ averse impact to the .T.o .wn of Southold/n ter~ of prope .r?y Ux revenue. The action w/ti, however, provide increased property ~x revenue to the Vi~la~e of Greenport, The socio.econom/c ~spects of the Town of Southold and the Village_ of Greenpor~ are not au~idpated to significantly change ~s a result of the proposed action. For Fu~her Information: Con~ Perso~ Phone No.: Lorna M. ~C~..t~..,. Village Clerk/Treasurer Vfll~e Hall, 236 Third Street Greenpo~ New York 11944, 477 2385 RECEIVED P;'.OI4 5163318046 82.I4.1995 14:~ P, 6 '~ PART 1--PROJECT INFORMATI~,4 Prepared by Project Sponsor NO'[IEE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions.will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additionah information you believe'will be needed to complete Parts 2 and 3. It is expected that completion ~f the full EAF will be dependent on. information currently available and will not involve new' studies, research or investigation. If information requiring such additional work is unavailable,, so indicate and specify each instance. NAME O~ ACTION fropose~ Anne~at&on s/o OR' ~8, ~0 _ Moore s ~e, Greenport NAM6 OF APPMCANTISPONSOR { BU~E~$ T~LEPH~N~ ~ion Geie: , , {Y~Y) 72~-0831 ADDRESS Atl~tic ~obile P~rk BUSINESS TELEPHONE NAME OF OWNER (I! dilferen0 ADDRESS CITY/PO STATE ' I ZIP CDOE DESCRIPTION OF ACTION PTo~osed Az~e×ation DE Approximately 10.5 acres into the Incorporated Village of Greenport. Parcel is surrounded by property within the Incorporated Village of Greenport. Please Complete Each .question--Indicate N;A. if not applicable A. site Description Physical setting of overall proiect, both developed and undeveloped areas. IqCommercial ~Other 1. Present land use: I'qUrban C]lndustrial r-lForest i-lAgriculture. 2. Total acreage of project area: 10 .~ acres. · . APPROXIMATE ACREAGE - PRESENTLY.'~- -~'Meadow or Brushland (Non-agricultural} acres q..!68 ~_ Forested a c.r._e, s Agricultural (includes orchards. ~ropland, pasture, etc.) ac~es Wetland (Freshwater or tidal as per Artich:s 2,1, 25 of ECl.) ~ '4;I5~ acres Water Surface Area acres Unvegetated (Rock, earth or fill} acres · 249 acres Roads, buildings and other paved surfaces Other (Indicate type) 827ea maintained nea~ I~Residential (suburban) {~Rural (non-farm) AFTER COMPLETION acres ~.~68 acres acres 3 .¢15' acres 0Cr~5 acre5 · 2¢9 acres residence ?.71 R acres 2.71 ~ acres 3. What is lm:do.fismnt soil type(s} on project sit,:? ,~',v~ca~,+o.. ~o~z,~,,- ~n ~~ ~ a. Soil drainage: ~Well drained 60 % of ~i~e ~Moderatcly ~vell drained 20 % of ~ite~ ~l'ooriv drained 20 % .I site: b. If an~ agricultural land is involved )~ow many acres of soil are chssified within soll group ~ duough 4 of the NY5 Land Classification SYstem? ~ acn:s. (See 1 NYCRR 370}. ' 4. Are there bedrock outcroppings on prolec~ site? ~Yes ~No a. What is depth to bedrock? ~/~ (in feet) * Possibly desi~ated by D~ as such but without actu~ co~irmation of vegztation or actual "wetl~d ch~acterzstzcs C t 'St' App~:bximate per~enta~e of proposea ,.:oject.site with slopes: X..~0-10%. I ('t - % f-J10-15% % ~15% or ~reater 6. Is project substantially contiBuous ~o. or con~ain a building, site. or district, lisLed on Lhe Sram or the Nadonal Registers of Historic Place~ ~Yes ~o . 7. Is projec~ substantially contiguous to a site listed on the Re~ister o~ National Natu~Landmarks? ~Yes ~No 9. ,s site located over a primary, principal, or sole source aquifer? ~Yes ~No 10~ Do hunting, fishing or shell fishing op;ortuniUes presently exist in the project area? ~Yes ~No 11. Does project site contain any species of plant or animal tile t,hat is identified as threatened or endangered? ~Yes ~No According to identify each species 12. Are t.here any unique or unusual land forms on the project site~ {i.e., cliffs, dunes, other geological formations) ~Yes ~No Describe · ' 13. Is the proiect site presently used by the community or nei§hborhood as an open space or recreation area? F'lYes []~x/o If ),es, explain 14. Does the present site include scenic views known to be important to the community.;' CYes 15. Streams within or conti~uous ~o project area: a. Name of Stream and name o~ River to which i~ is tribu~aw *-~- 16. a. Name ...~D~C ~0-~ . 17. Is the site served by existin~ ;ublic utilities? ~Yes ~No (e a) ff Yes. does sufficient capacity exist ~o allow connection? Lakes. ponds, wetland areas within or contiguous to project area: b. Size (In acres) ~Yes CNo -a. b) If Yes, will improvements be necessary to allow connection? yYes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets La,v, Article 25-AA. Section 303 and 304? i--lYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Artic)e 8 of the ECL, and 6 NYCRR 6177 I-lYes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? f-lYes C~No * The Village of Greenport .is presently in the process of correcting ~ ~d improving their w~ter and sewer flows. ~. Project Description ~o]~osed-An~.ex~ation of_property by Incorp. orated Village .~ ~. ~. -- '~ ~reenoor~ zrom the 'fown of ~ou~hold; '¢1. rnys;l~a d mens ons and scale of project'(f I in dimens OhS as appropriate) ', \, ~ 10.5 ' .H a."¥ota] contiguous acreaRe owned or controlled by project sponsor . acre'S. Project acreage to be developed: N/A acres initially; Project acreage to remain undeveloped ~/A acres. Length of project, in miles: ~/A tlr appropriate} If the project is an expansion, indicate pert,hr of expansi~m proposed N/A Number of off-street parking spaces existim= ~/A ; proposed N/A Maximum vehicular trips ~enerated per hour N/A (upon compl,tion o~ proiecti~ ff residential: Number and tVl~e o[ housinl[ units: One Family Iwo Famdv Multiple Family Ini~tiaily i. Dimensions {in feet) of largest proposed structure N/A height; wi~lth: j. t. inear feet ot frontage along a public thoroughfare project will occupy acres ultimately. CnndOllllllJtllll length. ft. 2. How mbch natiJral material (i e...ock, earth, etCj will be removed from t~_ ~ite? ' 0 3. 'Will disturbed areas be reclaimed? [Yes r"lNo I~N/A .- a. If yes, for what intend.: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? nYes I-iNo c. Will upper subsoil be stockpiled for reclamation? ayes {No 0 4. How many acres of vegetation {trees, shrubs, ground covers) will be removed from site? acres. ,5. Will any mature forest {over 100 years old) o'r other locally-important vegetation .be removed by this proiect~ I-lYes [~No 6. If single phase project: Anticipated period of construction ~,/.~_ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction~ ' i-lYes 9. Number o~: jobs generated: during construction 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? tons/cubic yards months, {including demolition]. month year, (including demolition). month year. I'-JYes F'lNo ; after project is complete l-lYes D-'INo If yes, explain 12. Is surface liquid waste disposal involved? r"iYes E~No a. If yes, indicate type of waste {sewage, industrial, e~,c.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes E3:No Type 14. Will surface area of an existing water body increase or decrease by i~roposal? I--lYes Explain 35. Is project or any portion of project: located in a 100 year flood plain~ ~Yes ~o .16. Will'~h~'~ject gen~rat~ solid waste~ ~Yes ~No a. If ~'~'~'~hat is the amount per month tons b. If yes, will an existing solid waste facility be usedt ~Yes ~No c. If yes, give name ; location d. Will any wastes not go ~nto a sewage disposal system or into a sanitary landfill? ~ If.-Yes,; e~plain '. 17. Will the project ingolve the.disposal of solid waste? ~Yes ~No a. If yes, what is the anticipated rate of disposal~ tons/month. b. If yes, what is the anticipated site life? years. 38. Will project use herbicides or pesticides~ ~Yes ~No 19. Will project routine{y produce odors (more than one hour per dayJt ~Yes ~o 20. Will pro~ect produce operatin~ noise exceeding the local ambient noise levels? ~Yes 21. Will project result in an increase in em~rgy u~e? ~Yes I[ yes , indica[e [ype{s) 22. If Water supply is from w,d[~, h~dicat~, pumpamu: capacity ~/A gallonshninute. 23. Total anticipated water usage per day . N/A galhm~/day. 24. Does project involve Local. State or l'ederal funding? ~Yes If Yes. explain I"~No []-lYes [~;[No [~o 4 f~ ~$., ~pprovals Required: .- ,, ,~ -~. Submittal ~. ~ T?',, ¢ Date Village of Orp'~/ Town of"So. .{ City, Town, Village Board [~Yes ENo City, Town, Village Planning Board I-lYes I~No City, Town Zoning Board E3Yes i~No City, County Health Department I-IYes [~No Other Local Agencies I-lYes r~No Other Regional ,Agencies t'qYes [~No StatE: Agencies. C1Yes E~No Federal Agencies E]Yes I~.No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes C]No If Yes, indic:re decision required: r~zoning amendment ~zoning variance I-ispecial use permit ~subdivision K'lnew/revision of master plan Clresou~ce management plan (~-other Village HD 2. What is the zoning ctassification~s)of the site? 3. What is the maximum potential development of the site if develooed as permitted by the present zoning? 20 dwellin~ units without public sewer/ 40 units with public sewer 4, What is the proposed zoning of the site? 5, What is the maximum potential development o~ the site if developed as permitted by the proposed zoning? ~]site plan must desig.nate 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes E]No 7. What are the predominant land use(s) and zoning classifications within a ~,4 mile radius of proposed action? Recreational and Residential Uses/ Nultiple Classifications of R,e~_s_.ident~__ 8. is: the'proposed action compatible with adjoining]surrounding land uses within a %.: mile? ~]Yes nNo "' tf/A 9. If the"propos~d action is the subdivision of land, how many Jots are proposed? -.. 'a. What is the minimum lot size proposed? 10. ~Vill proposed action require any authorization(s) for the formation of sewer or water districts? f-lYes 11. Will th_e.'~propos~d action create a demand for any community provided services Irecreation. education, police, ~' 'it' 'fire p?tectionl? I-lYes (~o · .... ~ -. "-~.u, a.:If yes, ~s ex sting capac,ty sufflcmnt to handle proiected demand? . C]Yes "';'t :[]No ~ - , o- ...' t'- · ' :'t.~:,~.T-.*?::. - .~:. ~ -. 12:'Will the proposed action rest. it in the generation of traffic significantly above present levels? ~Yes [~No a. If yes, is the existing road network adequate to handle the additional tra(fic.~ f-lYes [qNo C D. Informational Details Attach a~y additional information as may Ix: needed ID clarify your project. If there ,~re or may be any adverse impacts associated with your proposal, please discuss such impacts And the measures which you propose to mitigate or E. Verification I certify that the information Iwovi(h'd abow' is true to the best o{ my knowledge. Applicant/Sponsor Name Date Signature Title If Ihe action is in ~he C~aslal Area, and you are a stale agency, complete Ihe Coaslal Assessment Form before ~roceeding wilh Ibis assessmenl. 5 Part 2--PRO.''~ '",T IMPACTS AND THEIR MAGt"~',UDE General Inlormation tRt~ad Carefully} · In completing the form the reviewer should be graded by the question Have my reJpon~es and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Mentifying that an impact will be potentially I~.,e,. ~ (column 2) doe~ not mean that ~t ts a[~o necessarily signi[icanl. . Any large impact must be ev,dua[ed in PAR] 3 :o determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the revic:we~ by showing tvpes ot impacts and wi~ere~er possible the thresi~o[d or masnitude t~at would tris8er a response in column 2. The examples are generally applicable throughout the S~ate and for most situations. But, for any specific project or site other examples and,'or lower three,olds may be appropriate for a Potential [.ar~e Impact response, thus requiring evaluation in Part 3 · The tmpacts of each project, on each site. 'n each }ocali[x'. wdt ~.ar~' Therefore. the examples are illustrative and have been o~fered as 8uidance. They do not constitute an exhausuve list oi impacts and thresholds to answer each question · The number o~' exzmpi~s oer quesdon does no~ indicate the mportance o; each · n identifying impacts, consider Ion~ term. short ;erin and cumiatwe Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes ii d~ere w;i] be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then chec~ the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, chec~ column 2. If tmpact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as ~otentiail~ larse and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitisated by change(s} in the proiect to a small to moderate impact, also chec~ the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND . Will the proposed action result in a physical change to the project site? :,~'N O ~YES Examples that would appiy to column 2 Any construction on slopes of 15% or greater. (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Constructio~ on land where the depth to the water table is less than 3 feet. Construction of paved parkin8 area (or 1.000 or more vehicles. Construction on land where bedrock is exposed or generaJly within 3 feet of existin§ ground surface. Construction that will continue for more than 1 vear or involve more than one phase or sta§e. Excavation for minin8 purposes that would remove more than 1.000 tons of natural material (i.e., rock or soil) per veal Construction or expansion o[ a sanitary landfill. Construction in a desi§nated floodway. Other impacts 2 Will t. here be an effect to any unicme or unusual land forms found on ~he ~i~e~ ( e.. cliffs dunes, geolo~ica~ formations, etc }~O ...~ F. I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change '~ ~ ~Yes ~No -,"~ --_ ~'~'es ~No IMPACT ON WATER Will proposed action affect any water hod;. designated as protected? [Und,,r Art;des '15. 24.25 of tile En~-Jronmental Con~e~atmn Law, ECl.) ~0 ~YES Examples that would apply to column ~ Dev~.lopable ama of site contam~ a pro~ected water body Dredging more than 100 cubic yards of material from channel of a protected stream. ~tension of ubhtV distribution facilities d~rougi~ a protected water body. (ons~ructi(m in a designated fresi~water or ~idal wedand Od'mr impacts: 4 Will proposed action affect an,, non-pro:co-:ed e~sun8 or new body or water.,' X.X~NO [2]YES Ex,amples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · ()ther impacts: 5~ Will Proposed Action affect surface or groundwater quality or quantity.~ X~--NO [3YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 ;gallons per minute pumping capacity. o Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed ol:f the site to facilities which presently do nQt exist or have inadequate capacity · Proposed Action would use water in excess of 20.000 gallons per day. · Proposed ActK.,, will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natu~'al conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Prooosed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment.and/or storage facilities. · Other rnpacts: 6. WHI proposed ac0on alter drainage flow or patterns, or surface water runoff? X~NO ~YES Examples that would apply to column 2 · Proposed Action would chan~e fJood water flows. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Projec~ Change El l-tYes I-INo [] [] []Yes I-tNo [] [] •Yes []No' [] F-J •Yes J:]No g [] ~r'qYes •No [] [] J~Yes ~.INo [] [] []Yes []No [] [] t-lYes [] [] t--]Yes . []No J--J [] []Yes ['-JNo [] [] []Yes [:3No [] [] []Yes []No [] [] []Yes I~lNo [] [] F-lYes )-)~o [] [] []Yes []No [] [] []Yes F-)No [] Fl' []Yes []No [] [] ~Yes F'lNo [] [] []Yes []No [] [] F-lYes []No [] [] C~]Yes ~No · Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7 Will proposed action 'affect air quality? kO I-lYES Examples that would apply Lo column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate o1: total contaminants will exceed 5 lbs. per hour or a' heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land commil~ted to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? XR1NO i-lYES Examples that would a~ply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Applicatign of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9 Will Proposed Action substantially affect non-threatened or non-endan§ered species~ ~:~NO ~'iYE5 Examples that would apply to column 2 o Proposed Action would substantially interfere 'with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age} or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? X~INO nYES Examples that would 'apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] L-lYes []No [] [] ['-)Yes F"') No [] [] ~Yes []No [] [] E-lYes I--~NO [] [] C3~es [] r-3 []Yes GNo [] [] []Yes FqNo [] [] i'q Yes []No [] [] []Yes F'qNo [] [] t-"~ Yes I-]No [] [] []Yes []No [] [] E]Yes I-1No [] [] []Yes F-1No [] [] []Yes []No [] [] []Yes []No [] [] E-lYes []No © [] []Yes ~o ,J · Construction activiiy would e',(avalC or compac! d~e soil proiiJ,, oi aaricullural land. · The proposed action would irrever~ibJv convert more d~an 10 acres ot ,zariculturaJ land or, ii Juca[ud in an -~aricuJtutal District. more than 2.5 acres of agricultural Janet · The proposed action would disrupt or pre~ent installation of a~ricultural land management systems te.~., subsurface drain line~, outlet ditches. strip Cropping); or create a need for such measures Ce.~. cause a farm field to drain poorly due to mcre,~sed rLmOff) · Oti~er impacts. iMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? X~NO I-lYES (If necessary, use the Visual EAF Addendum in Section 617.21. Appendix B.) Examples that would apply to column 2 · Proposed land uses. or prolect components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or s~gnificantJy reduce their enjoyment of the aesthetic qualities of that resource. · Pro.~ect components that will result in the elimination or significant screening of scenic views known to be mportant to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impac~ any site or structure of historic, pre- historic or paleontological importance? ~NO OYES Exa,_mples that would apply to column _3 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site Jis~ed on the State or National Register ol: historic plao,:, · Any impact LO an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN'SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 XI~NO I-lYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: __ '~ ' 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [-] [-] I~'-J Yes ~" No ~ [] []Yes []No [] [] ~Yes []No ~ '~ []"Yes ~No [] [] []Yes g_No t-I [] r-lYes []No [] [] []Yes []No [] [] []Yes r-iNo [] [] []Yes [] [] []Yes []No [] r'-I. []Yes r'lNo [] [] []Yes []No [] [] gYes [] [] gYes []No [] [] J--tYes ~No IMPACT ON TRANSPORTATION 14 Will there be an effect to existing transportation systems? x~NO DYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or 8oods. 'o Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energ, y supply? X:~NO DYES Examples that would apply to column 2 · Proposed Action will cause a §rearer than $% increase in the use of any form of ener§y in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? X:~NO DYES Examples tJ~at would apply to column 2 · Blasting,, within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. ·Propose, d Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? X]C]NO ,'-WES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil. pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" 'n any form (i.e. toxic, poisonous, hi§hly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: 1 ' -2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~Yes [-INo [] J-q I-lYes E~No [] [] J-lyes r3No [] rq P, Yes .~.No [] ,,"m I-~:Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~No ~ ~ - ~Yes ~No ~ ~ DYes DNo ~ ~ ~Ye's ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~N0 ~ ~ l~Yes ~No I IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community? ×~NO DYES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than .5% per year as a result of this proiect. · Proposed action will conflict with officially'adopted plans or goals. · Proposed action wilt cause a change in the density of land use. · Prooosed Action will replace or eliminate e~isting facilities, structures or areas of historic importance to the community, · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: 1 2 3 Small to Potential Can Impact. Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes i--INo [] [] I'qYes []No [] [] []Yes ~No [] [] []Yes []No [] [] []Yes [],~o ira., ~ r-]Yes ~- [_,NO [] [] []Yes []No [] [] []Yes •No [] [] []Yes [)Lo 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? X~]NO []YES if Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(ii is considered to be potentially large, even il: the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly'describe the impact. 2. Describe (if applicable) how the im pact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information availai~le, decide if it is reasonable to conclude that this impact"!s important, To answer the question of importance, consider: o The probability of the impact occurring · The duration of the impact · Its irreversibitity, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known pbjections to the project relate to this impact. (Continue on attachments) L~.URY L. DOWD Town Attorney Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: TOWN CLERK II.ECiEI~I) EROM: TOWN ATTORNEY~ DFC '~ i1:~ RE!: GEIER ANNEXATION UPDATE . TOWn Clerk ~outhol~ DATE: DECEMBER 1. 1994 I am enclosing a copy of the September annexation petition the Geier's filed with Greenport in September. I asked Joyce Haroon for the document and just received it, Also a update on the SEQRA status of the project. In October I asked the Village Attorney for some direction as to who the village wanted to act as lead a§lency. She called me on November 29 to state that she was still checking on this matter with the Village Board and would be getting back to me shortly, She seemed to be aware of the tight time-frame we are on. I will keep you advised of further progress on the issue. In The Hatter of the Application of HARION H. GEIER PurslJallt to Arttc'J.e 1.7 of the General HunicJpal bow to annex a par_cel of pr. operty to the territory of the Village of Greenport Petitioner, TI:): TOWN BOARD OF THE TOWN OF SOUTHObD VILLAGE TRUSTEES OF TltE VILI,AGE OF'GREENPORT The petition of l]arion M. Geier respectfully shows ~s fol t. ows: 1. This a petitJ, on pt~rsuant to Article 17 of the Uenera.[ Municipal Law to annex to the territory o[..the V_[.[lage o[ Gree.port, Suffo].k County, New York, a parcel of prop¢pt'l~iin the control of the petitioner, HARION H. GEIER~ the d,1].y appointed EXEC, UTIRJ. X for the ESTATE o[ JOIl[l R.~ GEIER, which is situated wil;llJll the Town of Sontbold, Suffolk County, New York as more parttculary boi~nd and described upon Schedule A attached hereto. 2. Peiitoner, Marion M. Geier, Executrix for the Estate of John R. Gefer~ as documented Upon Schedule B attached hel~eto, resides at: Atlantic Hobile Part, #30, Newport, N.C. 28570. 3. .This Petition is-submitted ~o th~Tow, Board of the Town of Southold (hereinafter "Town of Southold") and to the lr.l,,te .... of the Village of Greenport (hereinafter v.~i.~.ag~ of Greenport") for the purposes of having the Town o.[ Southold consent to the annexation of .the property described in paragraph 1 hereof to the Village of Greenport. as defined in 5. There are no "inhabitants" of the subject property 703 of the General Municipal Law. The owners of a majority in assessed valuation of the subject property, as shown upon the last preceding assessment roll of the Town of Southold~ joins herewith. 6. Attached hereto as Schedule C is a certificate of the Assessor of the Town of Southold pursuant to 703 of the General Municipal Law. WHEREFORE, petitioner prays that the governing parties of the Village of Greenport and the Town of Southold, pursuant to Article 17 of the General Municipal Law, consider this petition. Dated: ~ _~6~2 1994 MARION M~ GEIER, Petitioner NMM'y Public. State of New YMt; No. 01L04958343 Qualified in Suffo~ County SCHEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land lying and being at or near the Village of Greenport, Town of Southo!d, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same is intersected by the westerly side of land now or formerly of the Village of Greenport, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moore's Lane, and from said point of beginning running thence along said land, south 4~degrees 0I minutes 10 seconds east, 1106.60 feet; RUNNING THENCE still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; RUNNING THENCE still along said land, north 4 degrees 06 minutes 10 seconds west, 830.50 feet~to the southerly side of said North Road; RUNNING THENCE along the 'southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the point or place of BEGINNING. ' ~ ' SCHEDULE CERTIFICATE OF ~ LETTERS TESTAMENTARY File No. 1855P91 SURROGATE'S COURT : SUFFOLK COUNTY The People of the State of New York To all to Whom These Presenus Shall come, or may Concern, Greetings: IT IS HEREBY CERTIFIED that on the June 15, 1992, Letters Testamentary of the Last Will of JOHN R. GEIER, deceased, late of Suffolk County, New York, were duly issued by the Surrogate's Court of Suffolk County to MARION M. GEIER, the Executor(s) in said will named, and that the same are still valid and in full force. IN :TESTIMONY WHEREOF this Certificate is issued under the seal of the Court. WITNESS, HON. ERNEST L. SIGNORELLI, Surrogate, at Riverhead, in Suffolk County, New York on June 12, 1992. MICHAEL Chief Clerk of the Surrogate's Court SCHEDULE C CERTIFICATE OF THE ASSESSOR OF THE TOWN OF SOUTHOLD STATE OF NEW YORK) COUTNY OF SUFFOLK)ss.: I ~-[-~-~r~ a duly elected assessor of the Town of Southold~ Suffolk, New York do hereby certify: 1. That I am a duly elected assessor of the Town of ' Southold, Suffolk County, New York, and was one of the persons responsible for the preparation of the assessment bill for the year 1993/1994. 2. That the real property described in paragraph 1 of the annexed petition is situated in the said Town of Southold, Suffolk County, New York, and is assessed on the tax roll of the said Town of Southold, Suffolk County, New York, for the year 1993/1994, which is the last preceding assessment roll of the said Town of Southold, Suffolk County, New York. 3. That the total assessed valuation of said real property described in the said annexed petition as shown on the assessment roll of the said Town of Southold for the year 1993/1994 4. T~t the.petitioner, Marion M. Geier, .fa the party duly recognized by the Court as E~ecutrix of the Estate~f John R. Geier, owner of a majority in assessed valuation of the real property described in the said annexed petition which is now situated in the Town of Southold, Suffolk County, New York, and which is. sought to be annexed to the Village of Greenport, Suffolk County, New York and that the assessed valuation of the property as shown on the assessment roll of the Town of Southold, for the year 1993/1994 is as followS: (a) The real property assessed to as described in the annexed petition is assessed at $ Dated: Southold, New York ~vk~vc ~ \0 , 1994 Not~y Public, Sram of Ne'w Yo~ No. 4~79505 _ Qualified in Suffolk County Commission Expires Oecambe~ 8, A~essor, Town Q~outhold Suffolk County/New York 0 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: The undersigned, an attorney admitted to practice in the courts of New York State, certifies that the within Power of Attorney executed by Marion M. Geier, as principal, to Joyce A. Harroun, as agent, dated April 25, 1991, has been compared by the undersigned with the original and found to be a true and complete copy. Dated: September 1, 1994 No~: ~e ~ g~ by ~ ~um~ ~ bm~ and s~i~. ~ey am.defin~ in N~ Y~ ~ne~l Obliga~ons ~w, ~e 5, ~ 15, ~s ~1~ ~u~ ~1~, ~h ~ly ~ ~e u~ of any o~er ~ diff~ fo~ of ~er ~ a~ey ~ bF ~e ~es ~n~. ~ ~[[ ~g~ ~ ~e~ ~, which are intended to constitute a GENERAL PO~R OF ATTORNEY pursuant to ArticIe 5, Title 15 of the New York General Obligations Law: ThatI ~RION ~. GEIER, residing at (no ~) Old Airport Road Atlantic ~4obile Park, Box 30, Newport, North Carolina 28570 do hereby appoint JOYCE A. H~OUN, residing at 4341 North 24th Street, (i~ n~ ~ ~ of ~e ~ or ~h ~ M mo~ *~-~ one ~ d~) %225; Phoenix, Arizonia 85016 my attorne¥(a)-in-£act TO ACT (~) T~ more $~n one a~g~.nt ~s cl~ig~x~te~ a~d ~ p~ncip~ ~h~s~h ~ent ~o~e In my n~e, place and stead in any way w~l/~yself could do, if I were personMly present, with respect to the foIlowlng matters ~ each oi.~tfl~js ~de6ned in Title I5 of A~icle ~ of the New York General Obligations L~ to the extent that I ~'~p~'t~ed by 1~ to act through an agent: To ~ike out ~ny s~bdlvjs~ t~ prlnclp~l mu~ dr~w ~ line throu~2 · e text o~ s2~t su~dlv~n"~D Write h~S lniti~[s in the ~ox opposite. real estate transactions; ............................. :~f~.~*'-'*z bond, share and co~odity transaetions;..}~v.. bus, ness ope~at~ transacOons; ......................... (,4) (~) (c) (S) (F) (G) (1) (J) (K) insurance transactions; estate transactions; .................................................. claims and litigation: .............................................. personal re]atlonships and a~airs; ...................... behests from miHtary service; .............................. records, reports and statements; .......................... ] ] ] ] ] (L) £ulland unqualiiied authority to mF attor- :~: ney(s),in-fact to delegate any or ail of the foregoing powers to any person or persons ~q:. whom my attorneY(s)-in-fact shall select; ........ [ (M) ali other matters; .......... : ........................................... [ of ~tlon ~.150~1 of the New York General Obligations Law.] 0 0 LAURY L DOWD Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Valerie Marvin. Esq. Law Offices of Harvey B. Besunder 105 Main Street Port Jefferson. NY 11776 NOvember 14. 1994 Dear Valerie: Enclosed please find a copy of the environmental information form submitted on the. proposed annexation. As discussed, both the Town and Village are interested agencies, but the Town will proceed with the environmental review if the Village will send us a letter requesting us to do so. I look forward to your letter. Very truly yours, Town Attorney Enclosure cc: Thomas Wickham Joyce Harroun Completed using the Project Information previomsty submitted to the Town of Southold on or about~Ma~eh'~~, 1St 199~ when the Town had. proposed a changeJ0~i~'one for the subject parcel. ' \RTI PROJECTINFORMATIL - ., Prepared by Project Sponsor/ NOTICE: TMs document ~s designed to assist in determining whether the actlorLqropo~dCl~,may have. a s~gmfl~:ant effect on the environment Please complete the entire form Parts A through E. AtlS_.yv~rs to.these qu~bons wdl be cons dered~- as part of the apphcabon for approval and may be Sublect to further verff~cat~on"aud.;pqb~:~ rewew..Provide any' a.dditiona!~, ~nformauon you beheve wdl be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currer~tl~"a~'ilab[e ,a'~d will not involv e new studies, research or investigation. If information requiring such additional work is unavaih~ble: s~:indicate and specifY each instance, NAME QF ACTION .Proposed. Anne~ at,on. LOCATION OF ACTION {LncJude SIreeJ Address, MunicipaliW, and County} s/o CR 4-8, L~O~ w/o Moore's Lane., Green~o:.':'t NAME OF APP~tCANTtSPONSOR iVmF't on Geier ADDRESS AtIantie ]Vfobile P'&rk I8US.[NE~S TELEPH~ONE CITYm°Newp°rt t STA Fr~- NAME OF OWNER (If different) f BUSINESSr )'TELEPHONE ADDRESS CiTY/PO I STATE ] ZiP CODE DESCRIPTIONOFACTION Proposed Annexation of Approximately 10.5 acres into the Incorporated Village or Greenport, Parcel is surrounded by property within the Incorporated Village o£ Greenport. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas, 1. Present land use: E]Urban E]lndustrial ~Forest ~Agriculture 2. Total acreage of project area: 10.5 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or 13rushtancl (Non-agriculturall acres acres. Forested ~' ~68 acres --~ acres Agricultural 'Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as Der Articles 24, 25 of ECl_) ~ '~15~ acres ~ '~1~ acres Water Surface Area acres acres Unvegetated (Rock, eard~ or fill', acres acres Roads, bnildings and other paved surfaces · 249 acres . 2~9 acres Other [Indicate type), area maintained ne~ 2 .~ acres ~t 8 acres re s'&~ - 3. What is predominant soil Wpe{s) on project s h'2 a. Soil drainage: ~%Vell drained ~ % of site ~PoorJy ([ralut'd 20 ~}(, ()( site E]Commercial E3Otber ~Residentia[ (suburban) E]Rural (non-farm) ~]Mo(lerately well drained_ .2Q__ % of die b.Landlf anYclassificationagricultttra[ I,rndsystem?is involve~N ,~4A.h°Wacres.manY(Seeacresl N YCI{ R°f soil ;Ir(!370].classified within soil group 1 th.>ugh -t (d the NY5{ 4. Are there bedrock outcroppings on prolect site? [lYes [~No a. What is depth to bedrock? )V/A (in feet) * Possibly designated by DEC as such but without actual confirmation of vegatation or actual "wetland characteris%ics" 5. Apl~roxi~ate percentage of proposed 'ect site with slopes: )[0 10% 1 C)G o/, [~10 '1 5°.$ _ % [~]15% or greater °,/u 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? E]Yes []~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes []No 8. What is the depth of the water table? J'~ '~(in feet) 9. [s site located over a primary, principal, or sole source aquifer? ~Yes [~No 101 Do hunting, fishing or shell fishing opportunities presently exist in the proiect a~ea? E]Yes [5~No 11_ Does project site contain any suecies of ulant or animal life that is identified as threatened or endanRered? [~Yes ~]No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes other geological formauons) [~Yes ~No Describe 13. Is the project site oresentt¥ used by the community or neighborhood as an o~en soace or recreation area? ~-No It ~,es, exo]ain 14_ Does the present site include scemc views known to be ~mportant to the community? [~Yes i~o 15. Streams within or contiguous to project, area: ~,~e~e a. Name of Stream and name of River to which it is tributar~ Lakes. ponds, wetland areas within or contiguous to project area: a. Name NYSDEC ~SO-1 Is the site served bv existing public utilities? ]~Yes [Z]No a) If Ye_~ does sufficient capacity exist to allow connection? b) If Ye~, will improvements be necessary to allow connection? b. Size (In acresJ [~Yes ~lNo ~Yes 16 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA Section ]03 and 304? ~]Yes ~No 19. Is the site located in or substantially contiguous to a Critical Enviromnenta[ Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [Z]Yes ~No 20. Has the site ever been used for the disposal o[ solid or hazardous wastes? [DYes L~No ~ ~he Village o£ Greenport .is present.tN in the process o£ correcting ~ and improving their water and sewer ~lows. ~. ~roiec~ Oes¢~ipHon ~o~osed Annexation of~roperty b~ Incorporate~ Village · ~ ~. . ~ ~reennort ~rom the ~own of Sou~hold ~. r'nysica] dimeas OhS and scale of project*(fi I in dimensions as appropriate) · ~1 a. Total contiguous acreage owned or control[ed by project sponsor ~ b. Project acreage to be developed: _ IX!/A acres initially; ~ cD c. Project acreage to remain undeveloped N/A acres. ~ d. Length of project, in miles: N/A [If appropriate) ~ m e. If the project is an expansion, indicate percent of expansion proposed ~ ~ f. Number of off-street parking spaces existh,,,,_ ~/A ; proposed g. Maximum vehicular trips generated per hour N/A h. If resi(hmtiai: Number and type of housing units: ~ On~' Family '[w~ FarmIy luitially Uhimately 10,5 acres. N/A acres ultimately. (upon comph~tion of project)? Multiple lamity ~o i. Dimensions (iri feet) of largest proposed structure ?/A height; width: length. j. Linear feet of frontage along a publm thorou~htare project will occupy is? ~T/A ft 2. How much natural material (i.e.,. ,'k, eardL etc.) will be removed from the' ? 0 __ tons/cubic yards '3.'Will disturbed areas be reclaimedc [~]Yes [7/No [~N/A a. If yes, for what intend.C purpose is the site being reclaimed? __ b. Will topsoil be stockpiled for reclamation? t~Yes [Z}No c. Will upper subsoil be stockpiled for reclamation? EE]Yes E]No ~.. 0 4. How many acres of vegetation {trees, shrubs, ground covers) will be removed from site? _ acres. 5. Will any mature forest {over 100 years old) or other locally-important vegetation be removed by this project? []Yes ~No 6. If single phase proiect: Anticipated period of construction _ .7. If multbphased: a. Total number of phases anticipated {number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8, Will blasting occur during construction? E3Yes 9. Number of jobs generated: during construction _ 10. Number of jobs eliminated by this project N,,/A . 11. Will ;roiect require relocation of any prolects or facilities? months, {including demolition). month year, {including demolition). month year. ~Yes ~No ; after project is complete ~Yes ~No f yes, explain 12. Is surface liquid waste disposal involved? ~]Yes I~No a. If yes, indicate type of was[e {sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~]Yes [~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain ~/~ E3Yes I~LNo 15. Is proiec[ or any portion o[ prolect located in a 100 year flood ulain? ~Yes 16. Wilt the project generate solid waste? ~]Yes ~]No a. If yes, what is the amount per month tons b. If yes. will an existing solid waste facility be used? ~Yes [ZlNo c. If yes, give name ;-location d. Will any wastes riot go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [~No [Z]Yes E~o 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If ~es, what is the anticipated site life? 18, Wilt project use Imrbicides or pesticides? ~]Yes ~Yes ~]No tons/moHth. y(tars 19. Will project routinely )roduce odors {more than one hour per day)? E]Yes 20. Wi I [~rolect produce operating noise exceedinx the local ambient no~se levels? ~Yes 21. Wilt nroiect result in an increase in ~'m,rg~ u';e? ~Yes f yes . indicate typefsJ 22. I1 wat(,r st, pp]y s from w,,[l. ~'ndicat~' pulnDHu,, c~u~d(:~ty _ ~ 23. Tofal am[cipated wa[er usable per (fay ~/~ gailonsldav 24. Does promc~ involve Local. State or lederai [unding? ~Yes ~No tf Ye~ exoiain [5~No 2g. Appp:~vals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agbncies Federal Agencies I~Yes [No []Yes [~Yes I~No CIYes I~No OYes I~lNo UJYes L-'~No []Yes ~No ~}Yes I~4o Village - ' Submillal Type: Dale of drp~/ ~own o£:S~. 0. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [;J-Yes : i~]No If Yes, indicate decision required: [~zoning amendment (~}zgning variance [E}specia[ use permit CJsubdivision C]new/revision of master plan []resource management plan [;~ther Village 2. What [s the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? ~:_0 dwelling units without public sewer/ 40 units with public sewer []site plan must desig.nate 4. What is the proposed zoning of the site? ~A 5. What is tile maximum potential development of the site if d. eveloped as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~gYes ~No 7. What are the predominant land usb(s) and zoning classifications widfin a ¼ mile radius of proposed action? _2~ecreational and Residential Uses/ Multiple Classifications of Residentia~ 8. Is the proposed 'action compatible with adjoining/surrounding land uses within a ¼ mile? ~Yes ~No 9. If the proposed action is the subdivision of land, how many lots are proposed? ~/A 'a. What is the minimum lot size proposed? . 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes ~o 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~Yes ~No a. If yes, is existing capacity sufficient to handle proiected demand? ~Yes ~No 12. Witl the proposed action resuJt in the generation of traffic significantly above present levels? ~Yes ~No a. If yes, is the existing road network adequate to handle the a~ditionaI traffic? UYes ~No D. Informational Details Attach any additiona~ information as may he needed to clarif~ your project. If there are or may be any adverse impacts associated with your proposal, please discuss such iml)acts and the measures which you propose (o mitigate or avoid them. E. Verification I certify that ti~e information p~ovi(Jed ahoy,' is Irne to the best (~f rny lmowJedge. AppJicant/~,l)unsor Name l)ate Signature Title l[ [he action is in [he Coastal Area, and you are a stale agency, (omp[ele [he CoasIa[ Assessment Fo~m before proceeding wilh this assessment. LAURY L. DOWD Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 3, 199L~ Ms. Marion Geier Box 30 Atlantic Mobil Park Newport, NC 28570 Dear Ms. Geier: I have been advised that you wish to proceed with the annexation of your Rte ~t8 property to the Village of Greenport. In order to complete the petition process, the Town and Village will need a copy of a completed environmental assessment form. I enclose a copy of the form for your convenience. At this point, no decision has been made as to which agency will conduct the environmental review. For that reason, I ask you to return a completed copy of the environmental assessment form to both the Village and Town Clerks. Thank you for your attention to this matter. ,tVery truly you~rs, ~_~ cc: Valerie Marvin Tom Wickham PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. PJease compiete the entire form, Parts A through E. Answers to these questions will be considered=- as part of the application for approval and may be subject to further verification and public review. Provide any additiona[~ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION [include Street Address. Municipality and County) NAME OF APPLICANT/SPONSOR ADDRESS ~BUSINESS TELEPHONE CITWPO NAME OF OWNER tit different) STATE I ZiP CODE BUSINESS TELEPHONE ADDRESS CtTYIPO DESCRIPTION OF ACTION STATE I ZIP CODE Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: E]Urban []industrial [Commercial []Residential (suburban) []Rural (non-farm) [Forest []Agriculture ~Other 2, Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or 8rushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24. 25 of ECL] acres acres Water Surface Area acres acres Unve~etated(Rock earth or fill) acres acres Roads. buildings and other -aaved surfaces acres acres Other (Indicate type;, acres acres 3_ Wha[ is predominant soil type(s) on nro]ect s~te? a. Soil draina~,e: ~'¢/e[I drained __ % of ~ite (Moderately well drained __ % o~ s~te ~Poorl~ drained % ot sit(: b If any agricultura land ~s involvc¢~ how many acres of soil are classified within soil group 1 through 4 of the NYS~ Land Classification System? acres. (See 1 NYCRR 370L 4. Are there bedrock outcroppings on proiect site? [~Yes a. What is depth to bedrock? (in feet) 2 S. Approximate percentage of pr eu project site with slopes: I~]O 10% _ __ % []lOq 5% ~15% or greater , 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationat Registers of Historic Places? l-lyes [No 7: is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [Z]Yes 8. What is the depth of the water table? (in fe(~t) 9. ls site located over a primary, principal, or sole source aquifer? [~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes ~No 11. Does proiect site contain any species of plant or anirnal life that is identified as threatened or endangered? []Yes []No According to identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) []Yes IZ]No Describe 13. Is the project site presently u'sed by the community or neighborhood as an open space or recreation area? ONo ]f yes, explain 14. Does the present site include scenic views known to be important to the community? [Yes [No 15. Streains within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (in acres) 17. Is the site served by existing pubhc utilities? [Yes [No a) If Yes, does sufficient capacity exist to allow connection? [Yes b) If Yes, will improvements be necessary to allow connection? []Yes E~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [Yes [No 19. Is the site located in or substantially conUguous to a Criticat Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [Z]Yes 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes ~No B. Project Description ~ 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: acres initia[Iy; c. Project acreage to remain undeve!oped _ acres. d. Length o~ project, in miles: (If appropriate) e. If the project is an expansion, indicate percenL of expansk)n proposed f. Number of off-street parking spaces existing ' proposed g. Maximum vehicular trips generated [')er hour h. If residential: Number and type of housing units: One Family Tw~) ,/ lnitiall(F k~_ Ultimately i. Dimensions (in feet) of largest proposed structure height; width; __ j. Lineal- feet of frontage along a public thoroughfare project will occup'¢ is? ft. 2 acres. acres ultimately. (upon completion of projecl)? ~'vlu hiple Family Condominium length. 2. How much natural material (i.e.. rock. earth, etc.) will be removed from the s~te? 3. will disturbed areas be reclaimed? [Yes [No [NIA a. If yes, for what intend~,~ purpose ~s the site being reclaimed? . b. Will topsoil be stockpiled for reclamation? E}Yes E/No c. Will upper subsoil be stockpiled for reclamation? [Yes EJNo 4. How many acres of vegetation (trees, shrubs, ground covers) wilt be removed from site? acres_ 5. Will an,,, mature forest (over t00 years old) or other Iocally-im~}or-tant vegetation be removed by this project? [Z/Yes [No 6. If single phase project: Anticipated period of construction months. (including demolition). 7. If multi-phased: a. Total number of phases anticipated :number), b. Anticipated date of commencement phase I month c. Approx*mate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? ~]Yes 8, Will blasting occur during construction? [~Yes [~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this pro/ect 11. Will project require relocation of any projec[s or facilities? l/No tons/cubic yards ; after project is complete year, (including demolition). []Yes ONo If yes, explain 12. Is surface liquid waste disposal involved? [~Yes l/No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Nam~ of water body into which effluent wil be discharged 13. Is subsurface liquid waste disposal involved? E~Yes ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain ~]Yes ~]No 15. Is project or any portion of protect located in a 100 year flood plain? E]Yes 16. Will the project generate solid waste? [Yes l/No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? EJYes E3No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes. explain ~No [Yes UNo 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? d8. Will pro;ect use herbicides or pesticides? ~Yes ~Yes [E]No tons.'m¢ nth. years. [DNo 19. Will project rootinely pr6duce od~rs (more than one hour per day)? ~Yes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? ~Yes 21. Will pro,eot result ~n an increase in nnergy use? ~Yes ~No If yes . indicate type(s) 22. If Water supply is from wet{s, indicate pumpH~g capaciW gallons/minute. 23. Total anticipated water usage per day gallons/day 24. Does project involve Local, 5tare or Federal funding? ~Yes ~No If Yes, explain U~]No .( 25. Approvals Required: City, Town, Village Board E3Yes ~]No City, Town, Village Planning Board [Yes City, Town Zoning Board ~IYes [No City, County Health Department [Yes C]No Other Local Agencies E3Yes [No Other Regional Agencies [ZlYes [No State Agencies [Yes [No Federal Agencies [Yes C. Zoning and Planning Information 1. Does proposed action involve a planning or zomng decision? If Yes. indicate decision required: · ype Dale ZJYes []No []zoning amendment [~oning variance []special use permit []subdivision []site plan f-]new:revision of masmr plan []resource management plan ~]other What is the zoning c[assification(s)of the site? What is the maximum potential development of the site if developed as permitted by the present zoning? 4 What is the proposed zomng of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local [and use plans? 7. What are the predominant land use(s) and zoning classifications within a ~¼ mi]e radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a lA mile? ~Yes []No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes []No 11. Will the proposed action create a demand for any community provided services (~ecreation, education, police, fire protection)? l~Yes [No a. If yes, is existing capacity sufficient to handle projected demand? ii-lYes []No 12. Will the proposed~action resuit in the generation of traffic significantly above present Ieve]s? []Yes []No a. If yes, is the existing road network adequate to handle the additional traffic? [Yes E3No D. Informational Details Attach any additional information as may be needed to clarify your proiect, if there are or may be any adverse impacts associated with your proposal, pJease discuss such impacts anti the measures which you propose to mitigate or avoid them. E. Verification I certify that the inform;~tion provided abow, is true to the best of my kr~owiedge. Applicant/Spot,sot Name Date Signature Title If the action is in lt~e Coaslal Area, and yon are a slate agency, comp[cie [[]e Coaslal Assessment Form before p~oceedi~g with this assessment. 5 LAURY L. DOWD Town Attorney TO: FROM: RE: DATE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM SUPERVISOR TOWN ATTORNEY ~ GEIER ANNEXATION PETITION MARCH 11, 199L~ Town Hall, 53095 Main Road P. O. Box 1179 Southold New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A petition has been submitted to the Town Clerk asking the Town Board to agree to annexation of the Geier property to the Village of Greenport. This memo will give you a brief outline of the annexation process. The process involves joint actions of the village and town. Once they accept the petitions, they set a time and date for a joint hearing and hold a joint hearing. At that time they may agree that the annexation is in the best overall public interest and approve the annexation. More details follow. Upon acceptance of the petition by the Town Board, notice of the petition must be published in the official newspaper, a copy sent to the affected school, fire and improvement districts and a copy mailed to each person owning property as shown on the last assessment roll. This may be done jointly with Greenport. The notice shall include a date for a joint town-village public hearing not less than 20 nor more than ~0 days from the notice. At the public hearing, the governing boards decide if there are any technical flaws in the petition and whether the annexation "is in the best over-all public interest". Unless agreed otherwise, all town infrastructure would become village infrastructure if the annexation petition were approved. In particular, the town and village consider the effect of approval on taxes, debt and provision of services. After the hearing but before decision, the agencies may enter into written agreements about the apportionment of indebtedness and contract or other liabilities. Each agency has 90 days to make its decision on whether the petition is adequate and whether it serves the public interest. It then adopts a resolution with findings and files this with the clerks of each agency. If the agencies disagree, the approving agency may commence an action in the appellate division of the courts for a determination whether the proposed annexation is in the overall public interest. If the agencies agree, the need for a ref. erendum is waived if (as here), there are no residents on the .property being annexed. Geier Annexation March 17, 1994 Page 2 The Town Board must decide on the sufficiency of the petition. The Petition must: a. Describe the territory to be annexed; b. State the number of inhabitants, if any; c. Be signed by the owners of a majority in assessed valuation of the real property (as based on the last assessment roll), and; d. Include a certificate of an assessor certifying the percentage of assessed valuation; e. A certified copy of the petition is filed with Greenport. The only problem I see with the petition is that there is no clear statement of who is the owner of the property, and thus who is entiUed to sign. You will note that Paragraph 1 only states that the property is in the control of Marion Geier, and does not specify the owner. Before the annexation process can proceed, a SEQRA review must be done. Either Greenport or Southold could declare itself the lead agency. The next step is to coordinate with Greenport to decide who should do this. Please let me know who will do that coordination and whether Southold is interested in declaring itself lead agency. cc: Town Board Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southotd. New York 11971 Fax (5161 765-1823 Telephone (516/ 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 10, 1994 To: Town Attorney Dowdj / From: Town Clerk Terry~ Re: Geier Petition for Annexation Attached is a copy of the petition of Marion M. Geier asking the Town of $outhold to consent to the annexation of her property to the Village of Greenport. Please review and advise me how to proceed. Thank you. cc: Town Board In the Matter of the Application of MARION M. GEIER Pursuant to Article 17 of the General Municipal Law to annex a parcel of property to the territory of the Village of Greenport X RECEIVED Petitioner, TO: TOWN BOARD OF THE TOWN OF SOUTHOLD VILLAGE TRUSTEES OF THE VILLAGE OF GREENPORT The petition of MARION M. GEIER respectfully shows as follows: 1. This is a petition pursuant to Article 17 of the General Municipal Law to annex to the territory of the Village of Greenport, Suffolk County, New York, a parcel of property in the control of the petitioner, MARION M. GEIER, the duly appointed EXECUTRIX for the ESTATE of JOHN R. GEIER, which is situated wit]bin the Town of Southold, Suffolk County, New York as more particularly bound and described upon Schedule A attached hereto. 2. Petitioner, Marion M. Geier, Executrix for the Estate of John Ro Geier, as documented upon Schedule B attached hereto, resides at: Atlantic Mobile Park, #30, Newport, N.C. 28570. 3. This Petition is submitted to the Town Board of the Town of Southold (hereinafter "Town of Southold") and to the Trustees of the Village of Greenport (hereinafter ~ill~ge~6f Greenport") for the purposes of having the Town of Southold consent to the annexation of the property described in paragraph 1 hereof to the Village of Greenport. Article 17 of the General Municipal Law, cot Dated: March ~ , 1994 4. There are no "inhabitants" of the subject property as defined in 703 of the General Municipal Law. 5. The owners of a majority in assessed valuation of the subject property, as shown upon the last preceding assessment roll of the Town of Southold, joins herewith. 6. Attached hereto as Schedule C ~s a certificate of tlhe Assessor of the Town of Southold pursuant to 703 of the General Municipal Law. WHEREFORE, petitioner prays that tihe governing parties of the Village of Greenport and the Town of Southold, pursuant to sider this petition. MARION M GEIER, Petitioner SCHEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land lying and being at or near Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the southerly side of the North Road, where the same is intersected by the westerly side of land now or formerly of the Village of GreenDort, which point is distant 350.68 feet westerly from the corner formed by the intersection of the southerly side of said North Road with the westerly side of Moore's Lane, and from said point of beginning running thence along said land, south 4 degrees 01 minutes 10 seconds east, 1106.60 feet: RUNNING THENCE still along said land, south 84 degrees 53 minutes 30 seconds west, 474.24 feet; RUNNING THENCE still along said land, north 4 degrees 06 minutes 10 seconds west, 830.50 feet to the southerly side of said North Road; RUNNING THENCE along the southerly side of said North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the point or place of BEGINNING. SCTM# 1000-40-4-1 CERTIFICATE OF LET~.~ERS TESTAMENTARY SCHEDULE File No. 1855P91 SURROGATE'S COURT : SUFFOLK COUNTY The People of the State of New York To all to Whom These Presents Shall come, or may Concern, Greetings: IT IS HEREBY CERTIFIED that on the June 15, 1992, Letters Testamentary of the Last Will of JOHN R. GEIER, deceased, late of Suffolk County, New York, were duly issued by the Surrogate's Court of Suffolk County to MARION M. GEIER, the Executor(s) in said will named, and that the same are still valid and in full force. IN 'TESTIMONY WHEREOF this certificate is issued under the seal of the Court. WITNESS, HON. ERNEST L. SIGNORELLI, Surrogate, at Riverhead, in Suffolk County, New York on June 12, 1992. SEAL MICHAEL C~POLLINO Chief Clerk of the Surrogate's Court 33-1 SCHEDULE C CERTIFICATE OF THE ASSESSOR OF THE TOWN OF SOUTHOLD STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: I~?--'~,~_~c~\~ ~, a duly elected assessor of the Town of Southold, Suffolk County, New York do hereby certify: 1. That I am a duly elected assessor of the Town of Southold, Suffolk County, New York, and was one of the persons responsible for the preparation of the assessment bill for the year 1993/1994. 2. That the real property described in paragraph 1 of the annexed petition is situated in the said Town of Southold, Suffolk County, New York, and is assessed on the tax roll of the said Town of Southold, Suffolk County, New York, for the year 1993/1994, which is the last preceding assessment roll of the said Town of Southold, Suffolk County, New York. 3. That the total assessed valuation of said real property described in the said annexed petition as shown on the assessment roll of the said Town of Southold for the year 1993/1994 i s $ ~O O 4. That the petitioner, Marion M. Geier, is the party duly recognized by the Court as Executrix of the Estate of John R. Geier, owner of a majority in assessed valuation of the real property described in the said annexed petition which is now situated in the Town of southold, Suffolk County, New York, and which is sought to be annexed to the Village of Greenport, Suffolk County, New York and that the assessed valuation of the property as shown on the assessment roll of the Town of Southold, for the year 1993/1994 is as follows: (a) The real property assessed to ~ as described in the annexed petition is assessed at $ Dated: Southold, New York ~Lx \O , 1994 Suffolk ~oUnty ~>~ew York