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HomeMy WebLinkAboutWolpert, Krumholz, Pell, 1972J, ohn M. Flynn. P.E. Commissioner SUFFOLK COUNTY DEPARTMENT OF ENVIRONME~NTAL CONTROL 1324 Motor Parkway Hauppauge N.Y. 11787 {516} 234-2622 November 22, 1972 Mr o Albert M. Martocchia, Supervisor Town of Southold 16 South Street Greenport, N. Y. 11944 Re: Proposed Greenport Property Annexation Dear Mr. Martocchia: This is in reply to your verbal request of November 17, 1972 for official comments from this Department on the proposed annexation to the Village of Greenport of a parcel of land on the west side of the Village, petitioned by Arthur Wolpert, Wilhelm V. Kru/nholz, Joseph DeShrage, A. Bernstein and Li!lian S. ?ell and presented at a public hearing on April 13, 1972 at the Village Hall, Greenport. It is not the intention of this Department to become in any way involved in a territorial dispute between two local governmental bodies; however, to answer your request, there are some facts that can be stated concerning water supply and sewage disposal, which may be used to help clarify the situation. The groundwater supply Of the North Fork is seve~y limited comPared to the rest of Long Island because of its geologic configuration, being long and narrow with many indentations and surrounded b~ salt water. Any population expansion must be controlled by the-~vailability of drinking ~ater. Expansion of~demand beyond the local Supply can only be met by a decision to pipe water in from other towns, which still have a surplus: at first Riverhead, later followed by Southampton. The following quotations from recent reports explain the situation: ~o Albert M. Martocchia~ Supervisor Town of Southold page 2 NOV. 22, 1972 1) Abstract of Geology and Ground-Water Resources of the Town of Southold, Suffolk County. U. S. Geological Survey Water Supply Paper 1619-GG, 1963. "Recommendations for future study and use of ground water include (6) the limitation of withdrawal in the eastern part of the Southold peninsula to that prevailing zn 1957-59." 2) Comprehensive Public Water Supply Study, Suffolk County, New York - CPWS-24o Holzmacher, McLendon & Murreil, 1970 Volume II p. 276. "On the North Fork are found the lowesn ground water levels for any large area in Suffolk County. In addition, the ratio of tidal coast line to total land area ms much higher than the ratio for the County as a whole. This pinpoints the North Fork as being one of the areas in Suffolk most susceptible to salt water intrusion." Volume II p. 277 "At the peak of the draught [1966] ~he highest water elevation on the North Fork, east of Mattituck, was less than four feet. At the end of the drought, water levels were near the minimum desirable at the center of the peninsula and closer to the shore. This indicates that groundwater development is close to the maximum possible under present conditions." Volume II p. 269 "In the vicinity of Greenport, the salt water interface lies above the level of this deep clay. Public supply wells in this area are extremely susceptible to salt water intrusion since salt wa5er is present close underneath the wells as well as on either side . The natural yield of the immediate area of the Village is nearly completely developed and the water system has been extended to outlying areas for additional supply." Volume III p. 31 "Certain towns will experience local deficienczes, unless extensive upzoning is instituted to reduce projected water usage. Sometime after 2000 the area of East Hampton, east of Napeogue, will not have adequate local water. Mr~ Albert Mo Martoccia~ Supervisor Town of Southold page 3 NOV. 22, 1972 "About the turn of the century both Babylon and Southold will begin to experience deficiencies~ A few years before 2020 it is expected that Riverhead will also reach full development. Southold and Riverhead can be furnished with supplemental water from the adjoiniag area of Southampton west of the Shinnecock Canal. "The preceeding estimates are conditioned on an acceptance of significantly lowered ground water levels, especially in the interior sections of Suffolk County. If it is subsequently determined that overall aesthetic and ecological considerations dictate against any significant decrease in ground water levels and streamflow, then the estimates of permissive sustained yield must be reduced essentially to current consumptive water use." Volume III p. 155 ~'Strictly from the standpoint of water supply economics, upzoning to prevent future water deficiencies is con- sidered the most logical action that can be taken and it is highly recommended, particularly £or the towns of Southold, Shelter Island, East Hampton and that portion of Southampton east of the Shinnecock Canal." 3) Town of Southold Sulffolk Coun.ty., Long Island, N. Y. Inves- tigation of Water Resources June 1967, Malcolm Pirnle Engineers. p. 54a Conclusions "The water resources of Southold are limited to an amount which does not greatly exceed present use. It is essential that Southold must employ every available means for pro- tecting this limited ground water supply." The need is clearly indicated by these statements, for restrictive zoning for the North Fork to control population density to limit water demand. ~ny project, therefore, which allows greater density development than presently exists must be approved with great care realizing that some other area must remain forever undeveloped in order to balance the water demand with supply. Mr~ Albert M. Martocchia~ Supervisor Town of Southold page Nov~ 22, 1972 It is also clear from the above quotations that the Village of ~reen- port cannot supply itself with water drawn completely from beneath its own territory. It draws water from and in turn supplies water to various portions of SouthOld Town. Any expansion and development of the Village must of necessity use water drawn from the Town, which is water that once diverted cannot be used ~o supply developmen~ elsewhere in the Town. The parcel proposed for annexation, if developed by the Village, will be served by the Greenport sewage treatment plant, which is a primary plant using Imhoff tanks and an outfall to Long Island Sound. Though the plant has been operating at only about 60% of design flow capacity, removal levels have been poor. Disinfection, however, has consistently been good. Additional loading of the plant under present conditions is not advisable. Plans have been submitted and approved by the State for the addition of a secondary treatment stage to the Greenport plant, consisting of aerated lagoons, but the addition is not designed to increase the plant capacity. It will however, allow increased flow up,to the original design capacity of 500,000 gallons per day. It ls assumed that the project will soon be carried through to completion now that funds have been made available by passage of the State Environmental Bond Act. If the parcel is developed by the Town it still could and should be served by the Greenport sewage treatment plant, either by contract with the district or by expansion of the district. If there is any further information we can supply, we will be more than happy to respond. Very truly yours, /John M. Flynn, P. E. Commissioner JMF/JP/rt A t a meeting of the Town Board of the Town of Southold, Suffolk County, l~ew York, held on the llth day of July, 1972. PRESENT: Albert M. Martocchia, Supervisor James H. Rich,:~Jr.~ Councilman James F. Homan, Councilman Louis M. Demarest, Town Justice l~4artin Surer, Town Justice In the Matter of the Petition of Arthur Wolpert, Wilhelm V. Krumholz, Joseph DeSchrage, A. Bernstein and Lillian S. Pell for Annexation of Territory to the Village of Greenport. There having been presented to this town ORDER board a petition of Arthur Wolpert~ Wilhelm V. Krumholz, Joseph DeSchrage~ A. ]Bernstein and Lillian S. Petl requesting that the territory described in said petition be annexed to the Village of Creenport; and a public hearing with respect to said petition having been duly held jointly with the ]3oard of Trustees of the Village of Greenport on the 13th day of April, 1972, 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 over-all public interest; and this town board having, by a resolution duly adopted on the llth day of July, 1972 duly determined that said petition does not comply with the provisions of Article 17 of the General Municipal Law and was not in the over-all public interest to consent to the annexation of the territory described in said petition; Now, on motion of ~ , seconded by ~ ~~,,/~ , it is ORDERED that this town board 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, in the office of the clerk of the Village of ©reenport; 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. Councilman Justice At a 1V[eeting of the Town Board of the Town of Southold, Suffolk County, New York held on the llth day of July, 1972. PRESENT: Albert M. tV~artocchia, Supervisor James H. Rich, Jr., Councilman James F. Homan, Councilman Louis M. Demarest, Town Justice 1V[artin Surer, Town Justice Members of the Town Board In the Matter of the Petition of Arthur Wolpert, Wilhelm V. : Krumholz, Joseph DeSchrage, A. Bernstein : and Lillian S. Pell for Annexation of : Territory to the Village of ©reenport. : : RESOLUTION AND DETERMINATION The following resolution was offered by Councilman l~±ch seconded by Justice Demarest WHEREAS, Arthur Wolpert, Wilhelm V. Krumholz, Joseph DeSchrage, A. Bernstein and Lillian S. Pell have heretofore presented a petition to this board requesting that the territory described in said petition be annexed to the Village of Greenport, and WHEREAS, a public hearing with respect to said petition was duly held jointly witl~£ the Board of Trustees of the Village of Oreenport on the 13th day of April, 1972 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 no~ in the over-all public interest. -~.: NOW, THEREFORE, this board does hereby make the following findings with respect to compliance of the said petition with the provisions of Article 17 of the General Municipal Law and with respect to the effect of such proposed annexation on the over-all public interest, to wit: I. Thai the said petition does not substantially comply in form with the provisions of Article 17 of the General Municipal Law for the following reasons, to wit: (a) The petition and exhibits annexed to the petition state that the petitioners are the owners of all of the assessed valuation of the property in the territory sought to be annexed. However, an examination of the assessment rolls of the Town of Southold for the 1971-1972 tax year shows that the portion of the property ~0~ht to be annexed allegedly assessed to Arthur ~Volpert and others is in fact assessed to Chapel Lane Associates and not to the individual petitioners signing said petition. (b) A portion of the real property sought to be annexed to the Village of Greenport is assessed on the aforesaid Southold Town tax rolls to Lillian S. Pell. The said hillian S. Pell has presented a letter to this board dated July 10, 1972 wherein she has indicated that s'he wishes to withdraw the property assessed to her from the petition for annexation. Of the total assessed valuation of the territory sought to be annexed amounting to $17, 900, the real property assessed to Lillian S. Pell with an assessed valuation of $9, 900 comprises more than one-half of the assessed valuation of the entire territory sought to be annexed. Accordingly, the petition now does not comply with the requirements of Article 17 of the General Municipal Law since it does not contain the names of owners of a majority in assessed valuation of the real property in such territory assessed on the last preced- ing assessment roll. (c) For the aforesaid reasons, this board determines that the aforesaid petition does not substantially comply with the provisions of Article 17 of the General Municipal Law. II. That the proposed annexation is not in the over-all public interest (.~_) of the territory proposed to be annexed or (2) of the Village of Greenport -2- to which the territory is proposed to be annexed, or (3) of the remaining area of the Town of Southold in which such territory-is situated, or (4) of the Union Free School District No. 10 or the East-~Vest Fire Protection District, both of which districts are situated partly in the territory proposed to be annexed for the following reasons, to wit: (a) That as indicated on the exhibits annexed to the aforesaid petition, the area of the territory sought to be annexed contains 29.99~ acres of vacant land. The territory in question is contiguous along a portion of its easterly boundary line with land within the incorporated limits of the Village of Greenport. The land within the incorporated Village of Oreenport to which the territory sought to be annexed is contiguous is owned by the Village of Greenport, is uninhabited and is used by the Village of Greenport as a water- shed area and was annexed to the Village of Greenport several years ago. That said lands of the Village of Greenport were permitted to be annexed to the Village of Greenport by action of this board in order to eliminate the payament of taxes on said property by the Village of Greenport to the Town of Se~thold since said lands at that time were outside the incorporated limits.~ of the Village of Greenport and under applicable law were then subject to Seuthold Town taxes. (b) That with the exception of that portion of the territory sought to be annexed adjacent to "old highway" to a distance of 200 feet, all of the territory sought to be annexed is within the "A" Residential and Agricultural District under the Town of Southold Building Zone Ordinance which provides for a minimum size lot of 40,000 square feet if public sewer and public water are not provided and 20, 000 square feet if public sewer smd public water is provided. Public water is available to the territory in question but public sewers are not. Under the provisions of the Village of Greenport Zoning Ordinance, all territory annexed to the Village of Greenport shall be placed in the "R-1" One-family Residence District which requires a minimum size lot of !0, 000 square feet without regard to whether public sewer or water is provided. Therefore, if the territory in question were annexed to the Village of Greenport, the Village of Greenport Zoning Ordinance would permit the territory to be developed with four times the number of dwellings as is permitted by the Southold Town Zoning Ordinance. It was testified to at the hearing in this matter that the Town of So,hold including the Village of Greenport has a limited supply of fresh water. The Master Plan of the Town of Southold including the water resources study forming a part thereof has recommended the conservation of the limited fresh water resources of the town by limiting the density of the development of the town. This board believes that to permit the territory in question to 'be developed as provided by the Village of Greenport Zoning Ordinance would severely endanger the fresh water resources of the Town of Southold. (c) The petitioners herein have indicated that the principal reason for seeking annexation is to avail themselves of the public sewer system owned and operated by the Village of Greenport. The Superintendent of U%i;l:ities of the Village of Greenport has stated that said sewer system has a maximum capacity of 500, 000 gallons per day. The system is a primary treatment system and is presently in violation of applicable rules and regulations of the state and federal government. Said sewer plan't is presently operating at 85% of its capacity. The affluent from said system is discharged into the waters of Long Island Sound adjacent to the Town of Southold. This board believes that to permit the annexation sought herein would possibly cause an additional volume of improperly treated sewage to be discharged into the waters of Long Island Sound and thereby cause a potential pollution problem. (d) The assessed valuation of the territory sought to be annexed amounts to $17, 900. If the territory were annexed to the Village of Green- port it would result in an increase in the Village of Greenport tax base of approximately one-half of one percent. This board believes thai the detriment to the Town of Southold by reason of the annexation of the territory set forth in the aforesaid petition would far outweigh any benefit to be derived _by the Village of Greenport by reason of any increase in its tax base. For the reasons hereinbefore set forth, this board does hereby DETERMINE that it is not in the over-all public interest to approve such proposed annexation of the territory set forth in the petition of Arthur Wolpert, ~vVilhelm V. Krumholz, Joseph DeSchrage, A. Bernstein and Lillian S. Bell. The foregoing resolution was duly put to a vote which resulted as follows: Supervisor Martocchia voting yes Councilman Rich voting yes Councilman Homan voting ~zes Justice Demarest voting yes Justice Surer voting yes The resolution was declared unanimously adopted. -5- WHEREAS, Arthur Wolpert, Wilhelm V. Krumholz, Joseph de Shrage, Abe Bernstein and Lillian S. Pell have filed a peti- tion with the Village of Greenport and the Town of Southold for the annexation of twenty~seven acres on tke East side of Chapel Lane to the village of Greenport and WHEREAS, pursuant to ~704t NEW YORK GENERAL MUNICIPAL LAW, both t]he Village of Greenport and the Town of Southeld are man- dated to publish notice of hearings within twenty days of the receipt of such petitions and are further mandated to hold pub- · lic hearings on such petitions within twenty to forty days after the publication of such notices, NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Greenport hereby requests that the Town Board of the Town of Southold set down the petition of Arthur Wolpert, Wilhelm v. Krumholz, Joseph de Shrage, Abe Bernstein and Lilllan $. Pell for public hearing on the 23rd day of March, 1972 at 8:00 o'clock P. M., Eastern Standard Time at the Greenport Village Hall located at 236 Third Street, Greenport, New York and publish noti- ces of such hearing on or before the 24th day of February, 1972 and BE IT FURTHER RESOLVED that the Village of Greenport will set down the petition of East End Associates for public hearing on the 23rd day of March, 1972 at 8:00 o'clock P. M., Eastern ~me at the Greenport Village Hall at 236 Third Street, Greenport, New York and that notice of such hearing be published on or before the 24th day of February, 1972 in the Suffolk Times, -the official newspaper of the Village of Greenpert. Greenport~ New York July 10, 1972 Town Board, Town of Southold South Street Greenport, New York 11944 Gentlemen: The property on the old Route 25~ known as the Pell Garage, and owned by Lillian S. Pell of 214 Atlantic Avenue, Greenport, N.Y. (consisting of 3.46 acres), wishes to with- draw the a~plication to be annexed to the Village of Green- port~ as of this date. By copy of this letter, Attorney Edson of Southold~ is notified of this action. Sincerely Lillian S. Pell cc: Village of Greenport Lefferts P. Edson April I3, 1972 Board of Trustees, Village of Greenport and Southold Town Board, Township of Southold Third Street Greenport, ~tew York G~=ntl omen and ~ada~e: A~t the hearing held jointly by your Boards on April lith in the Grsenport Village Hall on the application of East End Associates for annexation into the Vil- lage of £~reenport, the subject of just who East End Associates are was brought up~ In order to keep the record straight, I would like to bring to your attention the following: i. As of 10:30 a.m. on April i2th, 1972, the only East ~d Associates registered with the County of Suffolk was the group '#nose names I read into the record on april llth, 1972. Their application had been notarized on Febx~ary 17, 1970 and had been filed with the ~ounty on ~arch 16, 1970. The names of the people sho,~n~ on this registration are: Leonard ~ilgraum 23 Green St. Huntington Leo Soandorf 150 Broad Hollow Rd. }~eiville ~erry-Hoffmau 56 St. ~arks Lane Islip Stuart Novins 897 ~anor Lane Bayshore Yale Solomon 46 Orchard Dr. Brightwaters Robert Katz 652 Suffolk Ave. Brentwood ~orris Kirscb~er 28 ~icCue Lane Babylon Rudolph Arnone 35~43 ~anhasset St, Seaford Ralph Eelato ~915 I~iverside Dr. Wantagh Arthur i~ichaels 7 5~aplewood Lane Roslyn Suffo~ County Professional Growth Club 349 Con- nectquot Ave. Roslyn :2, Although ~r. Hart produced a photostat of his East E~d Associates showing them also regis- tered as of ~ay 6, 1970, no trace of them before or after that date can be found at the County Center. In order to double check this, i asked one of the county employees to search this for me, which she did. She not only checked the boOKs, she checked the files for i%~y 6th, 1970 and found no record of it. 3. I% is~ of course, tm~ within the realm of possi- bility that twa different groups of speculators~ should decide to assume the same name within a mat- ter of months of each other. However, as noted, only one of these two g~oups can be found in the records. 4. Since I am not a lawyer and therefore ~ot ~=ully cogmizant of just what to look for when searching property at the Center, I have undoubtedly overlooked some aspects of interest in this matter. However, even ~ layman's search of the deeds and mortgages involved over the years on this property shows some rat~er interesting transactions, which, although i a~ sure are perfectly legal and standard procedure f'or speculators, should be kept in mind in conjunc- tion with the above. I would like to again strongly request that the Vil- lage of Gree~port insert into the records - ~u writing - prior to or in conjunction with any an- nexation, the upzoning of this !and into no less than ½ acre total parcels. Re~spectfully, ~- G!adys Cs~jko~~ ~,,' 1967-1968 -1968-1969 1969-1970 ~I1970-1971 ~,1971-1972 ASSESSED VALUATION GREENPORT SOUTHOLD 3,500,648 3,552,746 3,545,451 3,550,C55 3,565,123 44,811,685 47,254,814 49,205,995 51,216,324 53,.223,375 GAIN (FIVE YEARS) 64,475 8,411,693 01.8% 18.7% SUch !~ of COUNTY OF SUFFOLI~, 1 STATE OF NEW YORK. ~ ss: ....... ~.~;q~..~:. ~.°.~.~-'.a.n. ............... being duly Sworn, says that .. ~.e... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the mmemed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, ~r ....... o.n.? .................. weeks successively commencing on t~e ..... ~.~.~.~e..e~.~ ............ day of Sworn to before me~/this ./.d ...... day ..... ..... I~esi~ng ia Suffoik gounty elks. No. 52-938835fl /~ Camm~$sJon Expire.~ March 30, 19 ,/'~ OF HEA~NG ~f Hearing on : to annex territory : e of : New York : X HEREBY GIVEN. so Section 704 of the ~unicipal Law t~t of ~rthur Wol~rt, ~ho~, J~eph &. Bernstein; add Pell, for the anne~a- ~o the Village of 6reenport bert~ territory adjoining ~ has been received Town Bo~d of the Town the town~ in the said ~erMtory pro-- is~ loca~d ~ f~lows: Greenport ' CoU~ty'~of New ~'ork. and d~scribed as · of land of thence along the the Village of ~eenp0r~. three courses as follows :. 18 degrees 15 seconds West 448- ,' feet: South 41 degrees 148 s 50 seconds East 1068.- feet: and South 66 degrees 53 seconds East 222.84 the northerly line of along the t line of "Old" South 84 degrees 50 seconds West 157.- leer: and South 50 degrees 90 40 seconds West 400- [eet to land of St. Peter~ Church: thorne~' along said of St. Peters Lutheran two ,courses as fol- North 36 degrees 36 O0 seconds West 491- feet: and (2~ South 50 degrees 40 ~nures 40 seconds West: 275 ~ to land of Gf'eefii~)~f - ~i~yhouse Inc.: ' thence along said of Greenport Playhouse, and land of LILCO. as follows: South 88 degrees minutes 00 seconds West feet and :~'!'2) South 67 degree~ 19 ~eet to the easterly line of Chape~ Lane · ,~urming thence along the ~aid easterly line of ChaPel L~ne two courses as follows ~.(1) North 3 degrees '17 rninute~ 10 seconds We~t 272- ~19 feet; and '(2) North 4 degrees 41 minutes 40 seconds West'806- ,79, feet to ~he southerly line of Middle Road: r_uuning thence along the ' '~aid southe}ly line of Middi~' Road two courses as follows: (1) North 52 degrees 36 ~utes 39 seconds East 27, (2) On a curve to the left having a radius of 749.2~ feet a distance of 338.09 feet to land of Eastern Suf- folk Nursing Home: running thence along the said land of Eastern Suffolk Nursing Home. three courses as follows: (1) South 53 degrees 49 minutes O0 seconds East, 400 feet: (2) North 36 degrees minutes 00 seconds East 990 feet:, and (3~ North 53 degrees 49 niInutes 99 seconds West 409 feet to the said southerly Iine of Middle Road: running thence along the said southerly line of Middle Road North 36 degrees It minutes 00 seconds East 50 feet to the point and place of beginning. That a ~oint hearing will be held on such petition by the aforesaid Town Board of the Town of Southo]d and the Board 6f Trustees of the Village of Oreenport at Greenport Village -,~I~H, 236 Third Street. Green- port, New York on the 13th day of April, 1972. at 8:00 o'clock P. M. on said day, That ~he members of the foresaid governmg boards of the Town of Southold and the Vil- lage of Greenport will mee~ at the time and place above speci- fied and will hear any objections which may be presented against such petition, for annexation :upon any of the fu]lowing grounds: ~ (at That a person signing the petition is not ualified therefor. or ~b) That the persons signing such petition do no~ constitute ~went¥ Dercentum of the persons residing within such territory qualifi~ to vote for town of- ~c) :~hat the persons signing ~--~,.,~,..~suc~:~!~di~'~l° not ~epresent ttf~/~r~}6[~afm'ajority in value . b¢ :t~' prope~y ~'ithin such ter- ritory assessed upon the last pre- (e That the proposed annexa- otherwise substantially comply in form or eonten~ with the provisions of Article 17 of [he General Municipal Law of the State of New York. or (3) That the proposed annexa- tion xs or is not in the over-ali i ~&~lic interest (~) of the terri- t~y~roposed ~o be annexed or '~ ~2~[!~f the local governmen~ or :g0~/~rnments to which the terri- t0r~' ts proposed to be annexed, oz' r3)0f'~he remaining area of merits tn ~hich suchlterritory siiuated, or (4) of any school district, fi~:e district or other district corporation, public bene- fit corporation, fire protection district, fire alarm district or trier, situated wholly or partly in the territory proposed to be Objections based upon any of the grounds set forth in para- graphs a. b. c, or d above, shall be submitted in writing. Dated: February 22, 1972 BY ORDER OF THE SOUX~IOLD TOWN BOARD 1T--~-16 : SUFFOLK [ ss: MEW YORK ! Whitney Booth, Jr., being duly sworn, says s the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- '-d at Southold, in Suffolk County; and that which the .annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- :ch week for.....J~.~...~..~..~ .... weev commencing on the ............. Z..~./... ................ / ! vorn to before me this ........ Z.~.-. day of ADEL[ PAYNE Notary Public. State cf Flew YotR No. 52-3041000 ~mm~ssion ~x~iles N~arch 30, 197~ STATE OF NEW YORK: COU~TY OF SUFFOLK: SS: ALBERT W. RICHMOND, of Southold, Town of Southold, New York, being duly sworn, says that he is over the age of twenty-one years; that on the 16th day of March 19 72 , he affixed a notice of which the annexed printed nonlce is a true copy, in a proper and substantial manner, zn a mosn public place zn the Town of Southold, Suffolk County, New York, co wit:- Proposed annexation hearing, to Village of Greenport. Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.,N.Y. Sworn to before me this ~/~~_~_ / ~6th day of March , : A~ert W.~o-n~,~ Town Clerk [9 72 JUD]TP T. BOKEh ~ot~ ?ub[ic St~fe oF New York No. 52-03~4963 Suf/:o~ Countw C~'~'ssio- E>o~res March 30 NOTICE OF HEARING UPON A PETITION FOR ANNEXATION iiNotice of Hearing on Petition to ?Annex Territory to the Village of Notice of Hearing !fGreenport, New York NOTICE IS HEREBY GIVEN, pursuant to Section 704 of the General Municipal Law that a petition by Arthur Wolpert, Wilhelm Krumholz, Joseph DeSchrage, A. Bernstein and Lillian S. Pe!l for the ann~ation to the Village of Greenport of certain terri- tory adjoining said Village has been received by the Town Board of the Town of Southold that being the town in which the said territory proposed for annexation is located and is described herein on Exhibit A annexed hereto. Th Pown of Sout ~nd place ab se presented ~he followin (al therefor, or On 1972 at o'clock PoM.i on that day at the Town Hall for the Town of Southold located on , a joint hearing wild be held by.the aforesaid Town Board and the Board of Trustees of the Village of Greenport upon said petition. members of the aforesaid governing boards of the old and Village of Greenport will meet at the time ave specified and will hear any objections which may against such petition for annexation upon any of ~ grounds: That a person signing the petition is not qualified That the persons signing Such petition do not con- ~titute twenty percentum of the persons residing within such ~erritory qualified to vote for town officers, or (c) That the persons signing such petition do not r~present 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 Section 703 of the Gen~&~ Municipal Law of the State of New York. (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 ~iii~r~t~t~e~i~t f~P~°~ s~o~e~to~°~i°~' improvement district, situated wholly or partly in the territory pr(~osed to be annexed. Objections, based upon subparagraphs, a, b, c or d, above, must be in writing. Da~'~ed 1972 Supervisor of the Town of Soutk Mayor of the V/illage of Greenpo PETITION FOR THE ANNEXATION TO THE VILLAGE OF GREENPORT TERRITORY ADJOINING SAID VILLAGE, IN THE TOWN OF SOUTHOLD, SUFFOLK COUNTY~ NEW YORK FOR PRESENTATION TO THE TOWN BOARD OF SOUTHOLD AND THE BOARD OF TRUSTEES OF THE VILLAGE OF GREENPORT PURSUANT to Article 17 of the General MUnicipal Law ~f the State of New York, as amended, the petitioners herein, Arthur Wolpert, 72 West Lane, Bay Shore, New York, 11706, Wilhelm V. Krumholz, 111 Carleton Ave., Central Islip, N.Y. 11722, Joseph DeSchrage, State Hospital, Central Islip, N.Y. 11722, A. Bernstein, 1160 Midland Avenue, Yonkers, N.Y. 10708, and Lillian S. Pell, 214 Atlantic Avenue, Greenport, N.Y. 11944, petition for annexation, to the Village of Greenport, of all the territory which is not in a city or village, which is in the Town of Southold, Suffolk County, New York, which adjoins said village, and which is described in paragraph '~2~ of this pet~Ltion, and petitioners state therefor as follows: 1. The Village of Greenport is and for over 77 years last past has been an incorporated village in the Town of Southold, County of Suffolk, State of New York. The territory of said village is described as to boundaries in the annexed copy of map of the Incorporated Village of Greenport. 2. Petitioners petition to have annexed to said village, territory in the Town of Southold, Suffolk County, New York, which territory adjoins said village; said territory, which pet- itioners petition to have so annexed, is described as follows: ALL that certain plot, piec~i or parcel of land, adjoining the Village of Greenport, Town of Southold~ County of Suffolk~ State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road at the northerly corner of premises which is also the westerly cor- nelr of land of Pauli; Running thence South 53 degrees 49 minutes 00 seconds East 460.05 feet along said land of Pauli to land of the Village of Greenport; Running thence along the said land of the Village of Greenport~ three courses as follows: (1) South 18 degrees 15 minutes 40 seconds West 448.72 feet; (2) South 41 degrees 48 minutes 50 seconds East 1068.17 feet and (3) South 66 degrees 53 minutes 10 seconds East 232.84 feet ~ to the northerly line of "Old" Highway; Running thence along the said northerly line of '~Old" Highway two courses as follows: (1) South 84 degrees 10 minutes 50 seconds West 157.55 feet; and (2) South 50 degrees 90 minutes 40 seconds West 400.71 feet to land of St. Peters Lutheran Church; Running thence along said land of St. Peters Lutheran Church two courses as follows: (1) North 36 degrees 36 minutes 00 seconds West 491.42 feet; and (2) South 50 degrees 40 minutes 40 seconds West 275 feet to land of Greenport Playhouse, Inc.? Running thence along said land of Greenport Playhouse~ Inc. and land of LILCO, two courses as follows: (1) South 88 degrees 45 minutes 00 seconds West 550 feet; and (2) South 67 degrees 19 minutes 10 seconds West 100 feet to the easterly line of Chapel Lane; Running thence along the said easterly line of Chapel Lane, two courses as follows: (1) North 3 degrees 17 minutes 10 seconds West 272.19 feet; and (2) North 4 degrees 41 minutes 40 seconds West 806.79 feet to the southerly line of Middle Road; Running thence along the said southerly line of Middle Road two courses as follows: (1) North 52 degrees 36 minutes 30 seconds East 27 feet; (2) On a curve to the left having a radius of 749.20 feet a distance of 338.09 feet to land of Eastern Suffolk Nursing Home Running' thence along the said land of Eastern Suffolk Nursing Home, three courses as follows: (1) South 53 degrees 49 minutes 00 seconds East 400 feet; (2) North 36 degrees 11 minutes 00 seconds East 390 feet; and (3) North 53 degrees 49 minutes 00 seconds West 400 feet to the said southerly line of Middle Road; Running thence along the said southerly line of Middle ~oad North 36 degrees 11 minutes 00 seconds East 50 feet to the point and place of BEGINNING. 3. The petitioners herein are the owners of all of the assessed valuation of the property in said territory (which territory is described in paragraph "2" of this petition) assessed upon the last preceding Town Assessment Roll of the Town of Southold. 4. There are no inhabitants of said territory (described in paragraph ~2'' of this petition) adjoining the Village of Greenport which territory the petitioners petition to have annexed to said Village of Greenport. 5. Attached hereto, marked "Exhibit B," is an outline map of said Village of Greenport. 6. Attached hereto marked "Exhibit C," is an outline map of said territory (described in paragraph "2" of this petition) adjoining said Village of Greenport, which territory is herein sought to be annexed to said Village. 7. Attached hereto, marked "Exhibit D,'~ is a map of said territory ~described in paragraph "2" of this petition) adjoining and sought to be annexed to said Village; on said map, "Exhibit D", each separately owned, integral part of said terri, tory is indicated; likewise there is indicated on said"Exhibit D" the value of each separately owned, integral part of said territory as the same appears on the last preceding Town Assessment Roll of the Town of Southold. 8. Attached hereto, marked "Exhibit Et'~ is an outline map exhibiting the Village of Greenport as said Village would be extended were~said adjoining territory (described'in paragraph "2'~ hereof)annexed to said Village. IN WITNESS WHEREOF, we, the said petitioners, each of us in the presence of ~i~tQ~t g~ ~3'~'~X? as witness, here- unto severally affix our names and sign the foregoing petition on the / 3 day of ~ ~>B aL.~vw-~ 1972. PETITIONERS Lillian S. Pell STATE OF NEW YORK) COUNTY OF SUFFOLK) ~ ~ Sr?%~ ~ being duly sworn, says, I reside at the 0ersons whose names are subscribed to the above sheet of the foregoing petition containing five (5) signatures; and each of said persons subscribed the same in my presence on the t ~ y~ day of j O~ g~.~AC.?./ 1972. Sworn to before me this ~ day STATE OF NEW YORK) COUNTY OF SUFFOLK) Certificate of Assessor SS.: I,. Edwin F Fickeissen , a duly elected. Assessor for the Town of Southold, Suffolk County, New York, do hereby certify: 1. I prepared the last preceding assessment roll for the Town of Southold for the tax year 1971-72, a certified copy of which was filed with the Town Clerk for the Town of Southold on the 31st day of August 1971. 2. The total assessed valuation of all real property in the Town of Southold according to the aforesaid assessment roll is $68,881,271.00. 3. The assessed valuation on said assessment roll of all real property situated within a certain area in said Town of Southold, v~3hich is proposed to be annexed to the Village of Greenport, as described, in the attached Petition for Annexation by Arthur Wolpert, Wiih~im V. Krumholz, Joseph DeShrage, A. Bernstein and Lillian S. Pe!l, petitioners, verified the 5th day of January 1972, to the Town Board of the Town of Southold and to the Board of Trustees of the Village of Greenport is $17,900.00. 4. Real property is assessed on the aforesaid last preceding assessment roll and within the area sought to be annexed as follows: NAME ASSESSED VALUATION Arthur Wolpert, Wilhelm V. Krumholz, Joseph DeShrage and A. Bernstein d/b/a C~hapel Lane Associates Lillian S. Pell $8,000.00' Land ~,9GO.00, Bldg & Land 5. Real property assessed to the aforesaid petitioners within the area sought to be annexed, comprises 100% of the total assessed valuation of real property within said. area and. the aforesaid petitioners are the owners of all of the assessed, valuation of the real property in such territory assessed upon the last preceding assessment roll for the Town of Southold.. Dated: January 28th, 1972. Sworn to before me this 28th day of January 1972. Assessor Edwin F. Fickeissen STATE OF NEW YORK) SS.: CO~TY OF SUFFOLK) GEORGE Go WETMORE, being duly sworn, says that he resides at Bay Shore Road, Greenport, New York, and for u~¢ard of twenty years has been and is now a real estate agent and appraiser, engaged in business as such on Route 25~, Town of Southold, New York; that he knows ~e value of real estate in the Town of Southold, Suffolk County; that he has read the foregoing petition; that he resides in the Town of Southold in which the territory as described in paragraph "2" of the foregoing petition and therein sought to be annexed to the Village of Greenport is located; that the petitioners are the owners of a majority in assessed. valuation of the real property therein described as territory ad[joining the Village of Greenport sought to be annexed to said village. S~ATE OF NEW YORK) SS.: COLrNTY OF SUFFOLK) FRANK J.' SA~ONE, being duly sworn, says that he reslides at Aguaview Road, East Marion, New York, and for upward of ~ years has been and is now manager of Eastern Nursing Home, which adjoins the property described in paragraph "2'~' of the foregoing petition; that he has read the foregoing petition; that he resides in the Town of Southold in which the territory as described in paragraph "2" of the foregoing pet:ition and therein sought to be annexed to the Village of Greenport is located; that the petitioners are the owners of ali. in assessed valuation of the real property therein descried as territory adjoining the VilSage of Greenport sought to be annexed to said village. Subscribed and sworn (~.~%e~fore ~l/ _ , · ,l~~ ~ :,, , me ~h.~-s~ ,.,- dav. of : >~,~-~,~..~-~: ~:. 1972. NOYA~.Y FUELH~, 5~ o~ New STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) GEORGE WETMORE, being duly sworn, says that he resides at Sound Avenue, Mattituck, New York, and for upward of ~ years has been and is now a real estate agent and appraiser, engaged in business as such on Route 25, Town of So'uthold, New York; that he knows the value of real estate in the Town of Southold, Suffolk County; that he has read the foregoing petition; that he resides in the Town of South- old in which the territory as described in paragraph "2" of the foregoing petition and therein sought to be annexed to the Village of Greenport is located; that the petitioners are the owners of°a majority in assessed valuation ofthe real property therein described as territory adjoining the Village of Greenport sought to be annexed to said. village. Subscribed and sworn to before me this ~'~a ry ~ 1972. Board