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HomeMy WebLinkAboutEast End Associates 04/10/1973RQB£RT W. TA~=KER TO~ I~N EY LD 42S MAIN GREENPORT, L. I., N.Y. 11944 TELEPHONE: April 10, 1973 Hon. Albert W. Richmond Southold Town Clerk Southold, Ne~z York 11971 Re: Petition of East End Associates for Annexation of Territory to the Village of Greenport Dear Sir: With respect to the above captioned matter on Tuesday, April 10th or not later than Wednesday, April llth, the following enclosed documents should be filed by you with the Clerk of the Village of Greenport. (3) (4) certified copy of Resolution and Determination.-- Certified copy of Order of Southold Town Board.-- Copy of East End Associates Peiiiion.~- Copy of Notice of YIearing.~ (5) Copy of the Minutes of the l~ublic Hearing of January 12, 1973.-~ On Tuesday, April 10th or not later than Wednesday, April llth, the additional ~i~ti~'~he Order enclosed herewith should be filed by you with the Suffolk County Clerk. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures PRESENT: ~'~At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 10th day of April, 1973 Albert M. Martocchia, Supervisor James II. Rich, Jr., Councilman James F. Homan, Councilman Louis M. Demarest, Town Justice Martin Surer, Town Justice, Members of the Town Board In the Matter : : of ithe : : Petition of East End Assoeiat~ for Annexation : of Territory to the Village of Greenport : : ORDER There having been presented to this Town Board a petition of East End Associates requesting that the territory described in said petition be annexed to the Village of ©reenport; 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 12th day of January, 1973, to hear any testimony and receive evidence and information which may be presented concerning the said ~ition 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 10th day of April, 1973, duly determined that it was not in the over-all public interest to consent to the annexation of the territory described in said petition; Now, on motion of Councilman Homan seconded by Justice Demarest it is ORDERED that this town board does hereby determine that it is not in the over-all public interest to approve the proposed annexation of the territory described in the said petition of ]East End Associates and does [hereby disapprove such proposed annexation and does not consent to the same and it is further ORDERED, that the town clark shall cause a certified copy of this order, together with copies of the petition, the not~ce, 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 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 // /// C~uncilman- / ' wn Justice At a Meeting of the Town ]Board of the Town of Southold, Suffolk County, New York held on the 10th day of April, 1972. PRESE R~f: Albert M. Martocchia, Supervisor James II. Rich, Jr., Councilman James F. Homan, Councilman Louis M. Demarest, Town Justice Martin Suler, Town Justice Members of ~he Town Board In the Matter of %he Petition of East End Associates for Annexation of Territory to the Village of Greenport. The following resolution was offered by seconded by Justice Demarest RESOLUTION AND DETERMINATION ''C0Unciiman Homart WHEREAS, East End Associates has heretofore presented a petition to this board requesting that the territory described in said petition be annexe¢ to the Village of Greenport, and WHEREAS, a public hearing with respect to said petition was duly held jointly with the Board of Trustees of the Village of Greenport on the 12th day of January, 1973 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-ail public intere st, NOW, THEREFORE, this board does hereby makethe 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. That the said petition substantially complies in form with the ]provisions of Article 17 of the General Municipal Law. II. That the proposed annexation is not in the over~all public interest (1) of the territory proposed to be annexed or (2) of the Village of Greenport to wkich 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~West Fire l~rotection Distriet, both of which districts are situated partly in the territory proposed to be annexed for the following reasons, to wit: (a) As indicated on the map annexed to said petition the area of the territory sought to be annexed comprises 48. 7186 acres of vaeant land. The land on the south and west of the territory in question is within the incorporated Village of Greenport and owned by the Village of Greenport and i,s uninhabited land utilized for park and watershed purposes by the Village. The land to the east and north (across 1Vfiddle Road, County Route 27) is out- side the incorporated limits of the Village of Greenport and is used, occupied and zoned for one family dwelling purposes. The territory sought to be annexed and the land lying to the north and east thereof is within the "A" l~,esidential and Agricultural District under the Town of $outhold Building Zone Ordinanee which provides for minimum size lots of 40, 000 square feet if both public water and public sewer are not provided and 20, 000 square feet if both public sewer and public water is provided. Public water is available to the territory in question but public sewers are not. The zonii~g ordinance of the Village of Greenport adopted in October, 1971 provides that areas annexed to the Village shall be in the R-1 zoning district which requires a minimum lot size of 10, 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 zoning requirements of the Village of Greenport would permit four times the number of dwellings to be built than is allowed by the Town's zoning ordinance. The Southotd Town Plarming ]Board has recommended that the proposed annexation be denied since the development of the territory with four times the number of dwellings permitted by the Town zoning ordinance would seriously endanger the limited fresh water resources of the Town and would conflict with the master plans of both the Town of Southold and Suffolk County. The Superintendent of Utilities of the Village at the hearing on this matter conceded that the supply of water in the Town is limited. (b) The petitioner's attorney indicated at the hearing on this matter that the primary reason for requesting annexation was to avail themselves of the public sewer system of the Village of Greenport. The Village sewer system is a primary treatment systeTM with a maximum capacity of 500, 000 gallons per day. The partially treated effluent is discharged into the waters of Long Island Sound within the Town of Southold. At the hearing, the Village Superintendent of Utilities slated that such system is presently in violation of law. The Village of Greenport is presently engaged in litigation with respect to its sewer system (semahs Properties, Inc. v. Board of Trustees of the Village of Greenport, Suffolk C~,unty, Index 71-13687). Exhibits and affidavits submitted by the Village in the proceeding indicate %hat the Village's sewer system is presently operating at 85% of its capacity (425,000 gallons per day); that the projected anticipated increase in the load within the present limits of the Village would bring the daily volume of the plant up to 535. 000 gallons per day. This ]Board believes that the proposed annexation would possible result in the discharge of additional amounts of inadequately treated sewage into the waters of Long Island Sound and thereby endanger the health of the inhabitants of the Town of Southold. This board further believes that if the territory i]a question were not annexed to the Village that if petitioner were to develop the property with lots of 20, 000 square feet in size, that the developer, at his own expense, wo~ild have to construct a corr~munal sewer system in conform- ance with present health standards, and therefor eliminate any threat of pollution of the waters surrounding the Town of Southold. (c) This board is mindful of the fact that the Village of Greenport is desirous of increasing its tax base. The Territory in question is presently assessed on the Town tax robls at $14, 000, and if annexed would increase the Village tax base by less than one-half of one percent. This board is of the opinion that the detriment to the Town would far outweigh any benefit thai the Village would achieve by such a miniscule 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 East End Associates. The foregoing resolution was duly put to a vote which resulted as follow s: Supervisor Martocchia Councilman Rich Councilman Homan Justice Demarest Justice Surer voting voting voting voting voting The resolution was declared unanimously adopted. A~ a meeting o~ I. hc Boazd of Trustees of the Village of Greenport held on the 2nd day of April~ 1973o PRESENT~ George Wo Hubbard~ Mayor Samuel Katz~ Trustee William H~ Lieblein. Trustee David Eo Walker~ Trustee William J: Quinn~ Trustee In the Matter of the Petihion of East End Associates for Annexation of Territory to the Village of Greenporto RESOLUTION DETERMINATION ORDER WHEREAS~ East End Associates has filed a petition to annex certain land ~o the Village of GreenDort~ New York and a joint hearing having been held thereon by the Town of Southo!d and the Village of Greeneor~ on January 12~ 1973 and all other and necessary an8 proper proceedings have been held and had pur- suant to ~700 et seqo~ NEW YORK GENERAL MUNICIPAL LAW NOW THEREFORE BE IT RESOLVED~ DETE~4INED AND ORDERED~ FIRST - That this determination~ finding of fact and order is made pursuant to NEW YORK GENERAL MUNICIPAL LAW §711 (i) (2) SECOND - That the.annexation petition of East End Associates complies with all provisions of NEW YORK GENERAL MUNI~ C-]2PAL LAW §700 et seqo THIRD - That the approval of the annexation petition of East End Associates is in the overall oublic interest of: (a) the territory proposed to be annexed (b) the Village of Greenport~ New York (c) the Town of Southold, New York and (d) all affected districts~ FOURTH - That the approval of the annexation peti- tz. on of East End Associates and the annexation of the subject territory to the Village of Greenport will~ (a) facilitate and permit the extension of municipal sewer and electric services to said territory as such services are unique to the Village of Greenport and unavailable in the Town of Southold outside the Village of Greenport (b) promote the adequate financing of muni- cipal services mn the Vila!ge of Greenport and the subject terri- tory to be annexed through the expansion of the tax base of the Village of Greenport and through the introduction of econom~b of scale in the operations of the Village of Greenport (c) perm~ participation of the future residents of the subject territory to be annexed in the political process of the Village of Greenport wlkich is the political sub-division which will most directly af fect the lives of said future residents in terms of education~ employment~ recreation~ shopping~ environment and amenities and (d) produce no detrimental effects in the Town of Southold and will produce a general increase in the financial~ employment and educational structure of the Village of Greenporto FIFTH - That all districts affected by this annexa~ tion will suffer no detriment thereby~ ORDERED AND APPROVED this 2nd of April 1973~ (S E A L) MAYOR SAMUEL WILLIAM TRUSTEE DAVID~ALKER~ TRUSTEE ~ZLLIAM J~ Q~TNN~ T/~JSTEE ~~S~ VILJ CLERK CERTIFICATE I~ MABEL HARRIS~ Village Clerk of the Village of Green- port~ in the County of SUffolks State of New York~ HEREBY CERTIFY that the foregoing annexed Resolution~ Determination and Order of t]he Village Board of Trustees of said Village made on the 2nd day of April~ 1973~ has been compared by me with the original Reso!ution~ Determination adn Order as officially recorded in my office in the Minute Book of said Village Board of Trustees~ and is a true~ complete and correct copy thereof and of the whole o~ said original Resolution~ Determination and Order. IN WITNESS WHEREOF~ I have hereunto set my hand and af- fixed the corporate seal of said Village this 2nd day of Apri!~ 1973~ (S E A L) PETITION FOR THE ANNEXATION TO THE VILLAGE OF GREENPORT OF TERRITORY ADJOI~ING SAID VILLAGE~ IN THE TOWN OF SOUTHOLD~ SUFFOLK COUNTYt NEW YORK° FOR PRESENTATION TO THE TOWN BOARD OF SOUTHOLD A~D THE BOARD OF ~RUSTEES OF T}[E VILLAGE OF GREENPORTo PURSUANT to Article 17 of the General Municipal Law of the State of New York~ as ~ended, the petitioner herein~ East End Associates, petitions 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~ Suffoik County, New York, which adjoins said Village~ and which is described in paragraph ~'2~' of this petition~ and the petitioner states therefor as follows: 1o The Village of Greenport is and for over twenty~ five y~ars last past~ has been an incorporated village in the Town of Southold~ County of Suffolk, State of New York~ 2. Petitioner petitions to have annexed to said villag~ territory in the Town of Southold, Suffolk County~ New York~ which territory adjoins sai~ vil!age; said territoryt which petitioner petitions to have annexed~ is described as follows: ALL that certain plot~ piece or parcel of land~ situate~ 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moore's Lane; running thence North ~ 09~ 10~ East along said southerly side of North Road~ 96~61 feet~ running thence North ~9~ 02~ !0~' East still along said southerly side of North Road, 985o10 feet~ running thence North 71© 28~ 20~' East still along said southerly side of North Road 312o64 feet to land now or formerly of Henry Fleet and Clarence Fleet now or formerly known as ~Fleetfield"'~ running thence South !~© 0!~ 50~ East along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450~11 feet to land now or formerly of the Village of Greenport!~ running thence South 58~ i5~ 00" West along said last mentioned land ?14~0~ feet~ running thence South 74~ 45~ O0" West still along said last mentioned land ~TO~0O feet to the easterly side of Moores Lane; running thence North 17~ 15~ 00~ West along sala easterly side of Moores Lane 1523~22 feet to the corner0 the point or place of beginning~ 3o The petitioner herein is the owner of al! of the territory described in paragraph ~:2'u of this petition as evidenced by the copy of-deed annexed hereto as ~Exhibit A'~ and petitioner is thereby the owner of all of the assessed valuation of the property in said territory° 4. Attached hereto marked "Exhibit B~' is a survey of said territory described in paragraph ~2" of this petition adjoining said Village of Greenport0 which %erri tory is herein sought to be annexed to said Village: IN WITNESS WHEREOF the said petitioner has duly ecuted this petition this 3rd day of Oc~ober~ i972~ STATE OF NEW YORK COUNTY OF SUFFOLK RICHARD Ao SCHOENFELD being duly sworn deposes and says that he is over the age of twenty~one years and resides at 108 Shore Road~ Patchogue~ New York~ That deponent knows the person who executed the above petition as being a co-partner of the petitioner and that he so executed same in my presence as the duly authorized act of and with the express written authority of all of the partners of ~teso Sworn to before me this 3rd ~y of October~ 1972 Zn the Matter of the Petition to Annex Territory to the Village of Greenporto CERTIFICATE OF ASSESSOR WENDELL Bo TABOR being duly sworn deposes and says that he resides in Orient~ Town of Southold~ Suffolk County~ New York= and is the Chairman of the Board of Assessors of the Town of Southold~ Suffolk County~ New York° That deponent hereby certifies that East End Associ~ ates~ the petitioner here~n~ is the owner of a majority in assessed valuation of the real property in the eerritory sought to be annexed as such territory is assessed upon the last preceding assessment roll of the Town of Southold~ and in fact is the owner of all of the assessed valuation in said territory described as follows: ALL that certain plots piece or parcel of iand~ situate~ 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 the corner formed by the intersection of the southerly side of North Road with the ea~ter!y side of }~oore~s Lane; running thence North 66~ 09~ 10~ East along said southerly side of North Road~ 96~6i feet~ running thence North 69~ 02: I0'~ East still along said southerly side of North Road~ 985o10 feet~ running thence North 71© 28~ 20~ East still along said southerly side of North Road 312o64 feet to land now or formerly of Henry Fleet and Clarence Fleet no~ or formerly known as ~Fleetfieid~ running thence South i6= Ol~ 50~: East still along said last mentioned land and along land now er formerly of Constant Booth and the heirs of Silas Webb t450~iI feet to land now or formerly of the Village of Green~ port~ running thence South 58~ i5~ 00'~ West along said last mentioned land 714.04 feet~ running thence South 74~ 45: 00'~ West still along said last mentioned land 670,00 feet to the e~sterty side of Moore's Lane~ running thence North 17© 15~ OO' West along said easterly side of Moore's Lane i523o22 fee% to the corner~ the point or place of be~inning~ Sworn to before me this ~.~ - z~'day of October~ 1972 STATE OF NEW COIFNTY OF SUFFOLK SS: CHAUNCEY R~ HULSE. being duly sworn~ deposes amd says that he is over the age of twenty-one years and resides at 810 corwin Streets Greenport~ Tovgn of Southo!d~ Suffolk County~ New York° That I have read the foregoing Petition and am familiar with the contents of same~ That the petitioner~'~ .~ therein is the owner of a majority in assessed valuation of the real property in the territory souqht to be annez~ as described therein° / / Sworn to before me this ~day of October~ 1972o STATE OF NEW YORK COUNTY OF SUFFOLK SS: JULIA Do AAS/ESTD=~ being duly sworn~ deposes and mays that she is over the age of twenty-one years and resi~®s at 516 Fifth Streets Greenport~ Town'of Southold~ $~ffolk County~ New York~ That I have read the foregoing Petition and am familiar with the contents of same~ That the .petitioner therein is the owner of a Majority in assessed valuation of the real property in the territory sought to be as described there~n. Sworn to before me this '¥~ day of October~ 1972o STATE OF NEW YORK COUMTY OF SUFFOLK SS: R~ Bo HUDSON~ being duly sworn~ deposes and says that he is over the age of twenty~one years and resides at 4 Middleton Road~ Greenport~ Town of~Sontho!d~ SuffQlk County~ New York. That I have read the foregoing Petition and am familiar with the contents of sam~ That the petitioner therein is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as described therein~ /~ x / Sworn to before me this ~2~ day of October~ !972 JO~55Y P~xO2~:Pf'~ ""~ '-"~z~S~ :::'Co ~ a damestic corporation having p~i~,c+;~a& 4250 ~..2~c~d Turnpike> Bathpaga~ New York . .._ ......... r- ' ",'-'-"~".')'"I' -" .... ,7:_! - ' ' ~ ~,-;, ~ ~<-,'~w: <:'37 STATE O: ~ -,i- :'- GG ~' . ~ ,'-~rl;: ¢ , ' ' "k.-,-'2 co~a~n~r.h:p having igs principal o!aca of business c/o Pe~a~a=~ & . . . ~=~.,~.~<.~ Esqs.~ 20 Church panty of the second parc, WI xzNa, S~:.,~-~ tlnat the pa~/of :he nra: part, in consideration of%~ ~ ~0/i00 (~0~ 00) dollar~, and o~h~ good and vazua~_a ~o~sidera:ion lawful money of the L'nited States, by ~e pa~ of ~e second ~ar;, does he;eby Slant a~d reieas~ unto the pa~ of dna second pan, successors and assig~,s of ~ne pa~ of zhe ;ecoxd par~ fo~eveT, ~ ~.ZL 'Stat ce~:n plot, piece or parcel of land, %;~:-2.~ul:dl.::g:~24~i:t?,:~a:~:L~t::~:~%~, situate, ly:n~andbeingl:~aZk: a'a or naa: the Viilaga of Greenport, Town of County of Suffolk and State of New Yo~k, moz*a pazticaiazty described as follows: BEGiXNLYG at the corner zo~me~ by :ne .;n=~rsect:on of the southerly side of North Load with '-~.=~:~= ~asterly side of Moores Lane; .:::~o~ North 66 aegrees 09 minutes 10 seconds East along said '~ ~'~ ' ; sounn=rzy side of Xortk ~oaa~ 96o61 feet RUNN.:NG .z~z4~ No~ degrees minutes i0s_cones East still along said southerly sz~e oz Xo~g Road~ 985010 feet; RUi%N2NG Ti-~NCE North 72 degrees 28 :inures 20 seconds East still along said southerly side of North Road, 312o64 feet ao land now o: formerly of Henry Fleet and Ciarene~ Fleet~ now or formerly known as 'Fleetfield'; ~_~Elo~ Sou~ o .... ~ r:~lnutes 5'0 seconds East ~ ~o said ~ ~ ~ ~ ' ' ~] a~o~o las~ .,en~o~e~ :a~d ate ~-ong land now or formerly ~of Consuann Booth and the heirs of Siias Wabb 1450 ~ fear to la.~a now or _o~,~er~y o~ the Vz~zaga. of Oreanport;- .XUXNiNG TP'~ENCE South 58 des:acs 15 minutes 00 secon& West said last mentioned zana 714.04 feet; RUNNING TF~ENCE South 74 degrees 45 minutes 00 seconds West still along said last mentioned land 670°00 feet to the easterly side of Idooras Lane; KU?XiNG TI~NCE North 17 degrees 15 minutes 00 seconds'Wesu along said easterly side. of }iooras Lane 1523.22 feet ~o the corner~ the point o~' place of Beginning. ~= '~ ._ ~ z~t&ons _ record e~ec~ns these PrCmises~ zs any. . : -~_- of " '' ' .. accrued ~' ~ - sam~of '4 ....... ¢ 0;2502 one.eon from 14 A'>ril 1973. ~- ~;: So~C& Eo a purcaase money second mor~s~ execuEed and in'gended to be recorded s* ...... '. ' ~o secure payment, of para of tka considerstion, for~ckz~': eonvByan muIS conveyance is maov ofin. Ckec~x~ normal courser., of, the cond~ business of ~ zus sz ~ par'~ an~ With ~' - oc~olders ~ 9ne' approval oi . ~,.~.~ 'aae party the ~rst parc has not done or suffered whereby fine said premises have been ~ncumbered ~n any way whatever, except as aforesaid° AND fi, e first par~ ~5i1 receive tlne conslde~tlon for fi:is conveyanc~ and will kold fire r~ght to receive such consid- eration as a n~sr fund to ~e applied first for fire purpose of paying dxe cost of fine improvement and w[1i apply ~e same first to ~xe payment of dqe cost of '~e mxprovema~z before using any part of Uhe total of ~e s~e for any off:er The word "parW" sha![ be const~ed as if i~ z~d "parties" whenever ~e s~se of ~is ~ndcnturc so requ[res~ · ~ersonaTly came 2EPS[? ~;?. DE A%L!O {o me known, who, bdn~ by me ~uiy sworn, did depose and savthat he resides az No, 380 ilicksville Road~ ~St ne :s :n{ Pres ident of JOYS~Y PROPEXT~S,.--lb~Jcoe°:'ati°n leacr!bai in and wi:id executed ~e forejdnZ instrument; tZa: he knows d~e seal oft smd corprzfion; that the scm afford "' ~ -~ : ,-~ ............ 1' zha~ it was ~o ;o sma zns~ru~m,,~,s s~a ~'~t? .... ~ ' - '-. a~xcd by order of Sthe board oz cirec':ois Or sale co~o:-a- fion, and ~at he'sigzned hiS:~ame :he:eeo by, like order, ' 'az '~',e stone rime subscribed COVENANT .%GAiN'ST C~RANTOR'S AC~fS On the day of 19 ~ before me ~e:sonai!y came ~:e subscribing witness to the foregoing instrument, with whom ~ am personally acquainted, who, being by me duly sworn, did depose and say 2hat he resides ar tha: ne to be fao individuaI described in and who executed ~e foregoing inst~ment; raze he, said subscribing witness, was present ~nd saw execuze the same; and that he, ~id ~vStness, nmq:e as vAmess ~ereto, iiLOCK COUNTY 0~ TOWN MINUTE~ ~OUTHOLD TO~T BOARD VILL&GE OF GREENPORT January 12, 1973 In the Matter of the Petition of EAST END ASSOCIATES for the annexation to the Village of Greenport of certain territory adjoining said Village Meeting Time and Place: 8:00 P.M. - Village Hall 236 Third Street Greenport, N. Y. PRE~ENT: ~OUTHOLD TO~fN BOA~RD ~UPERVI~OR A~LBERT M. MART~CH~ JUSTICE MARTIN ~UTER JUSTICE LOUIS M. DEM~/~EST COUNCILMAN JAMES HOMAN COUNCILMA.N JAME~ RICH PRESENT: BOARD OF TRUSTEES OF VILLAGE OF GREENPORT F~YOR GEORGE W. HUBBARD TRUSTEE WILLIAM LIEBLEIN TRUSTEE ~M~EL EATZ AL~O PRESENT: John Wickham, Chairman of Southold Town Planning Board Robert W. Tasker, Esq., Town Attorney George C. $.tankevich, Esq., Village Attorney Albert W. Richmond, Town Clerk John L. Peckham, T~easurer, Village of G~eenpo~.t James M~nsell, ~upe~intendent of Public Utilit~es, Village of G~eenport Southold Town Board Villag~ of Greenport -2 - January 12, 1973 Supervisor Albert M. Martocohia was appointed to chair the hearing. SUPERVISOR MgHTOCCHZA: I will now call the hearing to order. Mr. James Rich will read the legal notices. Councilman Rich read the legal notice of hearing; proof of public~tion signed by C. Whitney Booth of the Long Island Traveler- Mattftuck Watchman; proof of posting signed by Albert W. Richmond, Town Clerk; recommendation of the Southold TOW~ Planning Board that the Southold Town Board strongly oppose any annexation of Town land by the Incorporated Village of Greenport. It was also recorded that legal notice of hearing was published by Hon. George W. Hubbard, Mayor of Village of Greenport; proof of publication signed by Stuart C. Dorman of the Suff.olk Weekly Times; proof of notlfica, tlon to.Greenport School Dzstriot ~10, and to East End Assoozates,. s~gned by Babette Conroy, Secretary to the Town Attorney, Town of Southold. SUPERVISOR MARTOCCHZA: At this time I will open the hearing to the general public. Is there anyone present who wishes to speak? MB.. JOHN J. HART, JR.: Z am a member or East End Associates. We appeared here some months ago and at that time stated our case with respect to property which we own on Moore's Lane. We would respectfully request that annexation be granted. We feel it is in our best interests and in the best interests of the Village. It wou2H have no deleterious affect on the Town. With this in mind, we would respectfully request that the annexation be granted. Mr. Richard Schoenfeld, my' partner, is here and would be happy' to answer any questions. FLR. WILLA~D ~AWRENCE: (Council of Allied Associations of the North Fork Tmxpayers Association) I am in opposition because it would be detrimental to the TOWn of Southold and the Greenport School District. ~These are less than one acre lots. This is a direct attempt to circumvent the laws of the Town of Southold. MRS. GI~DYS C~JK0: (President of North Fork Taxpayers Association, Inc.) The North Fork Taxpayers Association would like to go on record as "opposing~. I know that listening to facts and .fi.gures can be very boring but sometimes they do tell a story'. I would like to read the breakdown as far as costs to the school system are concerned. Forty acres would be developed, in your one acre, Southold Town Board Village of Greenport -3- January 12, 1973 one ha~ acre and one quarter acre zoning: Lot Size: No. of houses Land Value :* House Value:* Total Val~e :* Assessed Valuation:-::- I acre 1/2 acre 1/4 acre ~0 80 160 12,ooo $9,ooo $5, ooo 30,000 27,000 25,000 42,000 36,000 3 ;ooo 7,500 6,000 000 No. of Children:~H~ 68 136 272 (In your primary school breakdown, we are using figures obtained from a very good source. For every 2.7 children, 1.7 is in primary school and i is in secondary school.) No. in Primary School:x 43 85 No. in Secondary School:x 25 50 Cost Primary School:xx ~40,678 $80,410 Cost Secondary " :xx 35,500 71,000 Total Cost:xx 76,178 151,410 (I used an approximate tax rate of $10.50 per hundred) Tax Return:# $31,500 $50,400 171 101 ~161,766 4 ,42o 305,186 84, ooo School Deficit: ~44,678 $101,010 ~221,186 * Professional opinion - Office of Southold Town Assessors ** National average is 1.7 children per house. x Source: Greeuport School. For every' 2.7 children, 1.7 is iu primary school and i is in secondary school. xx Source: Greenport School. # Current approximate school tax rate of $10.50 per hundred. Note: No estimate is given or considered in these figures for possible expansion Costs. All figures are current figures and should be expected to rise. MRS. CS~JKO: I am telling you what it will cost you to develop into one quarter acre lots now. I am going to give the Board a copy of the breakdown. The figures came from very good source s. . . ~. JOHN J. HART, JR.: Z would like to address myself to what has been said. I was looking at the Nassau-Suffolk Regional Planning book which makes comparisons between the 1960 census and the 1970 census. Greenport has only grown 3.24 in that time. From the people I have talked with iu the Village of Greenport, they a~e concerned about its future and what is going to happen Southold Town Board Village of Greenport January 12, 1973 to it. The annexation of this particular parcel is a logical ex- pansion of the Village. if Greenport is going to have a future it has to look to some kind of logical expansion, the kind of development which the Village of Greenport would control. We have heard comparative figures. You can get ~ lot of people on the polar ice cap but that doesnt mean it is going to be developed, and it doesntt necessarily mean that Greenport is going to be developed. The way' it is developed depends on the Trustees of the Village of Greenport. I would suggest that the only thing that would happen here immediately is that the Village of Greenport would gain some ta~ revenue. If the Village continues to control its own destiny' there would be no change in the population or any other fashion that would be deleterious to the school district. The Town of ~outhold wou'ld still have its taxes and hopefully they would be able to work together so the Village could determine what is the best way of developing this particular piece of property'. We are not asking for any real change. The ohly change would be that there would be a transfer of munlcipa~ control from one political subdivision to another political subdivision. The advantage to the owners of the property is its inclusion into the sewer district and water district; we have made no bones about it, and we make no bones about it now. ~UPERVI~OR MARTOCCH/A: If anyone wishes to speak, please stand up and be recognized, and direct your remarks to the two Boards. MR. JAl~g MONSELL, Superintendent of Public Utilities: I don~t think enough people have appeared to speak in behalf of the Village. ~. Hart, in speaking for the reasons why he wants annexation, makes no bones about the availability of the sewer system. We passed over the inadequacy of the sewer system at the other public hearing but there were some things that were not brought out. We are now 'in the process of having one half acre zo~ning in our R-1 district which Hart agreed to at the other hearing when he was questioned~ He said: (re~ding from previous minutes)e~ will say right now, and for the record, that if it is a question of half acre zoning, we are willing to come in at one half acre." He realizes that once the Planning Board sends its recommendation to the Village Board, this parcel will come in as one half acre. Under half acre zoning there could not be more than 75 homes; there has to be green space set aside. A home uses 70,000 gallons of water a year. The total project would use 5,000,000 gallons. When this 47 acres was farmed in the late 40's, early 50~s and mid-50~s farmers u~ed 9,000,000 gallons a year. To develop this into half acre zoning would be a saving of 4,000,000 gallons a year. If you can save ~,000,000 gallons a year on 47 acres you have saved spme water. It was farmed du~ing that time and it was Irrigated.~ The To~n and the' ViIlage work well together although we do have our famil~y arguments from time to time. ~be r ...... same as any family. These are m4V f ~ends and we work well together on the over-a~l picture. The assessed Southold Town Board Village of Greenport January 12, 1973 valuation of the Town in 1937-38 was $22 million. For 1972-73 it was $%5 million. They have had a gain of ~33 million of assessed valuation. Greenport in 1937-38 had an assessed valuation of $3.4 million, and in 1972-73 it was $3.8 million. So, in all these years we have only gained $400,000 in assessed valuation. The population o£ the Town of Southold in 1940 was 12~000 people. Iu 1972 it was 18,000. The population of the Village of Greenport was 3,000 in 1940 and 2,400 in 1972. We have lost 600 people in that 32 years. We are trying to upgrade ourselves and have a better Village. We don't want the TOWn to push us down. If they don't allow us to i~prove ourselves you will find a depressed Village in the Town. We want a good Village within the Town because we all love this Town of Southold. None of us wants a distressed area in ~ nice Town with a growing assessment. The Village has very little room to get any assessment at all. We don't have virgin land. The bes{ we can plah on is what we already have, and if we can get 47 acres from time to time in our 1.1 square mile it would be of great help to us. We have the facilities to offer M~. Hart:s development. Mr. Hart's land someday will be developed, it's, Just a question of whether it will be Village ~overnment or Town government; and that will give us a freslhening up, if we can add this ~7 acres to the Village. MAqS. F~BEL L~TLE: I am speaking on behalf of the Allied Council of the North Fork Taxpayers Association. I would like to mention something I picked up as the gentleman talked. I think he said they were allowed to get some acreage from time to time". Are we to take that that. this is opening the door to gradual enlargement of Greenport Village? F~. MONSELL: There would have to be a public hearing for annexa- tion. T~re are three petitions in now for annexation; all have been denied by the Town, MRS. LYTLE: We would like to know, since the development company is going to work with the Village of Greenport, whether they have as yet presented a~y plans in black and white as to their actual intentions. MR. HART: No. We haVe not. MRS. LTTLE: In other words, annexation can be granted without plans. This would, we feel, be downgrading the Town of ~outhold as a whole if you are going to gradually annex pieces of land to develop as you see fit at a later date without any restrictions at the time of annexation. MR. JOHN W~CKHAM, Chairman of the Southoid Town Planning Board: Jim Monsell and I are friends, our fathers were friends before us. As a matter of Fact, Z am distantly related to one of Mr. Hart's ~outhold Town ~.oard Village of Greenport January 12, 1973 partnerms so we are not all that far apart. I would like to read the letter dated January 8, 1973'which was addressed to the Southold Town Board in which the Southold TOWn Planning Board strongly opposes any annexation of TOWn land by the Incorporated Village of Greenport. (~. Wickham read the letter. ~ee copy attached}. MR. WICKPIAM: ! would like also to read the S~tatement of Planning Board dated January' 8, 1973, and au addition to the Statement called Annexation Impact Statement. (E~. Wickham read Statement of Planning Board and Annexation Impact Statement. See copies attached). MR. WICKHAM: The last time I appeared before your two Boards I pleaded for cooperation. We have worked together long and well. I am sure we will continue to work well together. As has been said before, the Town stands to gain by having a strong, healthy Greenport. The Village of Greenport stands to gain, perhaps to a lesser degree, by having a strong Town. Together we will go a~ long way. If we are ~ightlng all the time, if we are stabbing cue another in the back, we will all lose, everyone one of us. My mind always comesback to water... I live down by salt licks and I know that salt intrusion is an ever present problem. You, in the Village, have had trouble with your East Marion well field and your Greenport well field. Jim, do your Trustees know how far you are out on s limb? Within the past month Pebble Beach Subdivision came to us and said they' wanted to put in a salt plant and indicated where they wanted to PUt it. We said ~you can't put ~t there" because it would be right opposite the East Marion well field of Greenport Municipal Water. They then said they would put it in the center and we said "you can't do that'~. We told them that they would have to put it up over the divide where ground water flows into Long Island Sound. I 'would guess you have a million dollars invested in your well fields west of Greenport. Let's say the laud next to the North Pork Plant in Southold is for sale.., today a farmer could buy that land and sink two or more 3 inch wells within 30 feet of your north boundary. Within six months he could salt down his and your wells. There is not a thing in the world that could stop him, not State, not County, certainly not you. The situation is very similar with the North Road well field. Do you realize the precarious position you are in there. We are getting these £a~mems coming out from western ~uffolk and Nassau County and they' think they know all the answers. They do as they' please without any forethought. I submit to you that you need the cooperation of Southold Town. The Town Planning Board has recommended to the Town Board that the Town of Southold should license agricultural wells so we have some control. You have a million dollar investment and not a thing to protect you. For Pete~s sake let's work together. ~outho].d Town Board Village of Greenport January 12, 1973 MR. MONSELL: John, you always do well at shooting me down but you have to admit that we have a good public water supply and we have a darn good sewer system. We ~ay be in violation but we submitted our application as soon as we could, and you know that we are serving more customers under public water supply outside of the Village than we are in the Village. k~e are following all controls, we are doing our job. We are following all the Malcolm Pirnie recommendations of control, of future water control. All our wells have to be licensed; farm wells dou~t have to be licensed. On location and spacing of wells we spent a lot of money' on engin- eering. The last engineering report on nitrates cost us $3,700 for the report and 9900 for testing, and 90% of that testing was done in the Town for the Town's benefit, and our benefit also. We do work well together, John. These little fracases shouldn't happen because we do work well together and we will work well together. The sixth Pirnie recommendation is the recharge of Aquifer with surface waters and we have been doing that since the late 40~s or early ~0~s. We have had recharge reservoirs, impounding reservoirs.., we have recharged 20 million gallons a year from our reservoirs when this salt water intrusion has come in. ko, we are doing everything we can to have a first class water supply and as soon as the President releases money we will have a first class sewer system. Nothing can be done until funding is done. That is the only thing that is holding us in violation. Every primary treatment plant in the State of New Tork is in violation. I feel that Greenport can be upgraded by this annexation. The Town and the Village should work well together even if it comes to setting up sewer districts in the future. GEORGE C. STANKEVICH, ESQ., Village Attorney: I think three things are the crux of the hearing we are having here tonight on future relations of the Town and Village and those are as follows: honesty in approach to our problems, harmony in our resolution of problems, and responsibility' in all our efforts. One point that has been made is; does this annexation institute a precedent for the future.., does this mean that the Village would keep on annexing land ad infinitum? The answer is '~No". ~t must rest with the landowners. You can't annex across State highways. Greenport is boxed iu on the north by a State highway; on the east by' Stifling Basin; on the west by Chapel Lane, a Town Road. Future annexation possibilities are limited and the Town always has a veto over these matters~ as you have experienced in the past. Another issue, on the question of growth: Where does Greenport grow and is it necessary' for Greeuport to grow? The Town has vast areas that are going to be developed. You have experienced it with ~any applications for change of zone and variances. The Village is essentially built up. There are very few areas that are empty so the Village does not have that option. This is expressed in the assessed.valuation figures of $3.~ million in 1932 a~ against $3.8 million ~n 1972, a growt~ over 20 years of roughly' 9%. At the same time the TOWn went £rom $23.5 million in 1932 to $~3.5 million in 1972, Southold Town Board Village of Greenport 8 - January 12, 1973 a growth of 13~f~. You will continue to grow. Your tax base will in no way be affected by the annexation of 49 acres, in that same period of time you can see a detrim_ental affect on Greeuport by the lack of growth. The tax rate for the Village of Greenport in the year 1952 wa~s $1.93 per hundred, and in 1972 it was $5~.~8... a growth of 189%. The Town in 19~2 had a tax rate 9f $1.8~ per hundred[, and in 1972 it was $2.06... a growth of 39%. During this period of time the Village has tried to run itself prudently. Within the past five years, in a great sense due to the efforts of Mr. Monsell and Mr. Pecld~am (our Treasurer for the past 2 years), they' hs~ve tried to keep costs down. They' have substantially reduced the number of municipal employees. The Village is trying to act responsibly in terms of operating and in terms of tax base. If the Village had acted irresponsibly it would not have enacted a comprehensive Master Plan; and a new Ordinance, which it did at the same time the Town did. If it were irresponsible it could have enacted a Zoning Ordinance that would have permitted high-rise condominiums on the water front, I don't think either the TOWn or the Village has acted irresponsibly, and I think they will continue to act responsibly and harmoniously. The particular area we are talking about was once a part of the Village of Greenport, from the Sound to the Bay and from ~tirling Basin to Moore's Lane. From a planning point of view it's a logical extension, it's small, and is contiguous to the Village of Greenport. ~M. Lee E. Iqoppelman in court proceedings testified regarding past annexation on Chapel Lane that fro~, a regional point of view (this part of Moore's Lane, ~0 acres) was a logical piece of land from a planning point of view to be annexed to the Village. From a zoning point of view, there is some misconception. What we are not talking about here is one acre opposed to one quarter acre. We are talking in terms of one half acre. If this area were served by water and sewer districts in the Town it womld have half acre zoning. If it were in the Village it would have to have water and sewer. So, the differential as of tonight is one half acre opposed to one quarter acre. However, the Village has referred the matver of zoning to the Planning Board in order to determine whether the Village should upzone and the Village Planning Board, last Tuesday night, recommended that Greenport upzone to one half acre in parity with the Town. There will be a hearing on it in February and I think we can assume that the Village will act responsibly. Mu~h has been said about the sewerage plant. Mr. Mo~sell, four years ago, made all the necessary applications to upgrade that plant and bring it to top standard. The~on~¥ reason he hasn't been able to do it is that the grate ran out of money. A bond issue has now been passed, and the Federal government has now passed ade- quate funding~ and we have been assured that regardless of President Nixon~s present policies that the Village of Greenport will start construction this coming Fall.. F~. ~lynn of the County Health Southold Town Board Village of Greenpo~t -9- January 12, 1973 Department and the Department of Environmental Control, in past court proceedings regarding Chapel Lane, regardless of whether a new plant was built or not, said they would recommend that: surrounding areas put their sewerage into the Greenport sewerage plant. He felt that was better than other methods. They feel that public systems such as Greenport's will be improved and they would rather have it done that way. When you look at all these factors, Greenport has not acted irresponsibly, and I dontt think anyone can assume that they will act irr.esponsibly in the future. I thin~,~ this particular 49 acres is not a great loss to the Town and it might provide some ecouomlc impetus to the Village. %~hether you vote one way or the other on this proceeding doesntt tie your hands in the future. Not at all. I would just hope that both Boards would keep au open mind, and sit do~n and talk on it and think on it, and make a right decision from everybody's point of view. MRna. LYTLE: One further thought on the fact that the Board has no plans from the developers. Since you have been negotiating since early 1971, don~t you have anything i~ writing or any type o£ agreement? Any'thing that shows they' will go along with one half acre? Is it going to be clue%er housing? Is there any chance that it might be changed to Business Zone? MR.. STANKEVICH: There have been no discussions of any substance other than that the developer is filing an application. It would be i~pr(~er for anyone on the Village Board or anyone associated with the. Village to talk to the developer about the development of this property. If it were to be annexed to the Village the developer would have to go to the Planning Board, would have to have site plan approval, and submit ecological impact studies. All of these matters just as they are handled in the Town are referred to a certain step Or p~ooeSure. I~S. LYTLE: There is no guarantee to the ~o~ks in adjoining areas of the TOWn of $outhold as to what would happen to this land if it were annexed to the Village of Greenport, which is a terrible risk. I speak for the North Fork Association. SIIPERVISOR ~RTOCCHIA: Is there anyone else present who wishes to speak at this time.* t~S. ELLWmN DE ~RIA: Did I understand ~@. Hart to say' that there would be no additional children added to the school district? MR. HART: I don~t think I said that. I don't think anyone can guarantee that. }~qS. DE }~tRIA: I have seen many' times in western Suffolk and Nassau County where the additional services required by ~outhcld TOWn Board Village of Greenport - l0 - developers adds to the cost to the Town. January 12, 1973 SUPERVI~0R FARTOCCHIA: Does anyone else wish to speak at this time? ~.~. WILIARD L&~tENCE: If this should go through, inasmuch as the taxpayers o£ Greenport pay for sewerage tax, would the developers pay for the installation of this sewerage system? F~YOR HUBBARD: Yes. Supervisor Martocchia mead the following letter from School District #10. Dear M~. Martocchla: The Board of Education of the Greenport Public Schools wishes to go on record as not opposing the annexation to the Village of the property bounded by Moore's Lane and the North Road and the subject of the public hearing of January 12, 1973. Endorsement of this annexatlou is based upon the Village ~sstablishing one-half acre plots in all future developments. It is requested that this opinion be conveyed at the hearing. Very truly yours, BOARD OP EDUCATION (Signed) F. W. Gardiner District Clerk (Dated) January' 12, 1973 Supervisor Mar~0cchia read the following letter dated January 8, 1973, addressed to the Southold Town Board, from the North Pork Taxpayers Association, Inc.: Gentlemen: On Janaary 12th at 8 p.m. a public hearing will be Jointly held by the Southold and Greenport Boards regarding the application £or annexation to Greenport o£ acr.eage owned by the ~ast ~nd ASsociates. Southold Town Board Village of Greenport January 12, 1973 (North Fork Taxpayers letter cou~d.) A representative of the North Fork Taxpayers Association, Inc. will be present at that time to appear in opposition to this aunexatlon. Our objections will be based upon subparagraph (e) of the public notice. Our Association would also respectfully request that the 2outhold Town Board vote against this annexation on the grounds that it violates the intents and purposes of our Master Plan and is in conflict with the over-all public interest in its posslhle affect upon the tax rates. Sincerely', (Signed) Glady's Csajko President Supervisor Martocchia read the following letter dated January 8, 1973, addressed to Supervisor Martocchia, Town of Southold, from the Council of Allied Associations of the North Fork Taxpayers Association, Inc.: Dear Supervisor Martocchia: The Council of Allied Association wish to go on record as being in opposition to the proposed annexation of land owned by the East End &ssociates to Greenport Village. We expect the $outhold Town Board to take a firm stand on all land proposals contrary to our Master Plan which calls fbr i acre zoning, whether it be in the name of annexation (as it is iu this case) or otherwise. We respectfully request tb~t the Southold Board vote against this annexation on the basis that it is detrimental to the people of Southold Town. Very' truly yours, (Signed) Gladys Csajko, Pre. Council of Allied Associations MRS. LYTL~: Is Mr. Hudson still a member of the School Board? Is there any way of knowing whether he abstained fro~ voting due to conflict of interest? As an interested party' he should have abstained. The inference is that the entire School Board voted. ~outho2d Town Board Village of Greenport January 12, 1973 SUPERVIS~0R MARTOCCHIA: information can be obtained. It is a matter of record. The MRS,. CSAJKO: I would like to ask for clarification. At our last hearing the East End Associates were identified. I wo~ld ask that they be identified now. MR. HART: They are the same people: John J. Hart, Jr.; Richard A. ~choenfeld; Louis ~. Scordamaglia; Robert A. Siegel; James B.. Warner; Jacob Bush; Ronald Bush; Louis A. Pfeif,le; Robert Rosenblatt. MRS. CS~JK0: Is this group recorded with the County Clerk? ~5{. H~T: We have a Certificate of Partners but I don't know whether it has been recorded or not. The names on the Certificate of Partners are the owners of the property. MRS. CS~{JK0: I would like to enter the following statement from the Minutes of last year: ~'I am John J. Hart of Pelletreau & Pelletreau of Patchogue, representing the Petitioners. And the Petitioners are East End Associates who are a co-partnership and the Certificate of the partners is on file in the County Clerk's office." ~i. H~RT: I assume my information at that time was correct. ~2. CEiAJK0: I am trying to bring about a'moratorium that people are asking for. We have had a search made by Lester M. Albertson, Clerk of the County, and find that East End Associates have not been recorded. Do you want to make a statement? MR. HART: No. MRS. CSAJI~0: There has been a lot of talk tonight. Mm. Hart was quoted as saying "I will say" right now and for the record that if it is a question of half acre zoning, we are willing to come in as one half acre"; ~. Stankevich stressed honesty and responsibility. Mr. Hart and Mr. Schoenfeld are lawyers and I am sure they are f~iliar with GE~tiLRAL BUS~INESS~ LAW, Article 9-B, Filing of certificates by persons conduc~n~ business under assumed name or as partners: 1. No person shall hereafter (a) carry ou or conduct or transact business in this state mnder any name or designation other than his real na~e, or (b) parry on or conduct or transact business in this .st,~te ,as a ~e~b~r ~~ p,~.,~s~ suchi~e~S°u Shall fi ei-e-' in the 6£fic~ 01 ~he--cIerk of eac~'"~~~ch SUch __~__ucte or transacte-s-a ~-~ceft~f~icate .'~e~t~iEg T'o~th the-n~e~-~r ~%-~-~ud'e~~ w~'i6h' 'and the' a~S ~thf~"'~ wh~ such b~'~i'ness i's' c'6'bdu'cted"0r tra'ns~'~t'ed, t'h'8 'full na~e or uamss of ~'erson's C'ondu'ctin~ or t'ransactin~ the' same"'~" iuclu~iu8 the na~S ~i Partuers~-'wlith the re~i~ence.,a,ddr~ss o'f''each such, Southold Town Board Village of Greenport - 13 - January 12, 1973 the age of any who is an infant. Each certificate shall be executed ~o'~uc~Ing t.he b~Siness. .... 9. Au.v' Oerson or persons carrying on, conducting or trausactin~ business a-a---~f-6~e'said/~i-12' ~0 c~omplY '$fith the Provisions Of tnzs sect-~ o_~ w~~fully' ma~es a false statement zn a.certtf~cate F[QS. CSAJK0: I would like to make a statement. You are the representatives of the people of Southold and Greenport and, as such, ~you must be like Caeser:s wife "above reproach". I fail to see how you can transact any business with a group who are 'in violation of the 2rate of New York. Z would like to respectfully' recommend that yom disallow this annexation. ~. HART: East End Associates are a group who own a piece of real estate, it~s the only' piece they do own. I would suggest that Mrs. Csajko follow through if she feels there has been a violation. ~,s I said before, the members of the East End Associates are the gentlemen whose names I read to you, and their addresses are shown on the Certificate. MRS. CSiAJK0: There were some changes of partners recorded in the past but not the names of the present members. I am still standing by my request. I would like to hear something from the Board now. SUPERVISOR MARTOOCHIA: Have you something from the County' Clerk,s records that we can enter into the minutes? M~.S. CSAJKO: Yes, I have. SUPERVISOR MARTOCCHIA: Will you please leave the material you have with the stenographer? From County Clerk:s Records: STATE OF NEW YORK SS: COUN~/ OF ~UFFOLK I, LESTER M. ALBERTSON, Clerk of the County aforesaid, DO HEREBY CERTES/ that I have searched the records of said Office for Assumed Business Names, Partnership Certificates, and Certificates of Incorporation against: East End Associates, from beginning to the 8th day of January', 1973. -AND PIED- Certificate of Partnership #59740 in the name of East End Associates at East Hampton, New York, filed April l~, 1968 at Southold Town Board Village of Greenport January 12, 1975 9:24 a.m. The names of the partners conducting business are: Thomas Nappl, Tall Tree Court, East Hampton, N. Y. Leo E. Dion, 3 Maidstoue Park Road, East Hampton, N.Yo Arthur J. Roth, &magansett, New York -00- Certificate of Partnership ~64468 in the name of East End Associates at East Hampton, New York, filed Setpember 26, 1969 at 9:~0 a.m. The names of the partners conducting said business are: Thomas Nappi, Tall Tree Court, East Hampton, N.Y. Leo E. Dion, 3 Maidstoue Park Road, East Hampton, N.Y. &rthur J. Roth, Amagansett, New York Donald T. McDonald, 20 Meadow Way, East Hampton, N.Y. -00- Certificate of partnership ~65991 in the name of East End Kssociates at 23 Green Street, P. 0. Box 681, Huntington, N. filed March 16, 1970 at 11:27 a.m. The names of the partners conducting said business are: Leonard Mi!graum, Box 681, 23 Green Street, Huntington, ~ew York, 1174~. ~eo &pandorf, l~0 Broad Hollow Road, Melville, New York, ll7h6. Gerry Hoffman, 56 S.t. Mark's Lane, Islip, New York llT~l Stuart Novins, 897 Manor Lane, Bay' Shore, N. Y. 11706 Yale $°i°m°n'6~2 $.u£folk Avenue, Brentwood, ~Iew York. Robert Katz, Morris Kirschner, 28.McCue Lane, Babylon, New York Rudolph Arnone, 35-43 Manhasset Street, Seaford, New York Ralph j. Melato, 291~ Riverside Drive, Wantagh, New York, 11793. Arthur Michaels, 7 Maplewo~d Lane, Roslyn, N. Y. 11576 Suffolk County Prof. Growth Club, 349 Connectquot Ave. Islip Terrace, New York. (NONE OTHERS FOUND) WITNESS my' hand and official seal at Riverhead, N. T., on this 9th day of January, 1973. (Signed) Lester M. Albertsou County Clerk (M.m. Ha.r% pr~esented CERTIFICATE FOR PART~¥ERS to the Board. Exhibit 2 - 4/11/72 -BR). Southold Town Board Village of Greenport January 12, 1973 P~S. I~RJORIE MEYER: My question is if you make annexatlou to the Town for annexation, is that not a form of doing business? ROBERT W. TASKER, ESQ.: (Town Attorney) I think the sole question is whether he is in violation. Assuming that there is a violation, this is really' not germane to the application iu the sense that if a person appearing before this Board has done something that does not apply to his application, it is not up to either one of the Boards to prosecute for that. They can take it into account. On the question .as to whether they are conducting a business, it is really' not germane. They have filed a Certificate of partners indicating who their partners are. I don't believe that that is of too much importance to the Board. If the partnership still exists, on the question of whether they failed to do something that they should have done, I don~t think that this a matter that this Board is going to pass on. Assuming the~ is a violation, this is a matter for the courts and not for the Town Board or the Village Board. (A question was raised from the audience as to whether if there were a violation of the law it shoul~ no~ mitigate against the application as it might indicate that the applicants were of bad character. F~. Tasker replied that that could be taken under consideration). Y~S. LTTL~: It would seem to me that the very next step to be taken by the Town Attorney and the Village Attorney is to find out if this is a form with which they can do business, before you do anything further on annexation. Z might say that Mrs. Csajko has her information from the highest sources so Z do think it should be considered before you find yourselves in difficulty. MR~. C~&JK0: Mr. Tasker has inferred that it is not the business of the Board whether or not the gentleman is legally' an Association. Z have talked with Attorney General Lsfkowitz and he advises me otherwise. ~UPERVISOR M~tRTOCCHIA: Has everyone had an opportunity to speak who wishes to speak? (There was no response.) SUPERVISOR M~RTOCCHIA: Thank you for coming to this hearing. The Board will make a de.termination at a later date. The hearing was adjourned at 9:30 P.M. PLAN N I N~, BOARD MEMBERS John Wlokharn, Chairman Henry Mol;a AWred Grebe Henry Raynor Frank 0oyle Sourly. old Town P annm9 Board January 8, 1973 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The Planning Board feels that every effort should be made to oppose the attempted annexation of Town property by the Village of Greenport. It w6uld seem that this is quite simply an attempt by the Incorporated Village to capture high valuation property from the Town without regard to the consequences to either Town or Village. The central issue is water. In the entire Town there simply is not enough water for unlimited development. This has been thoroughly documented by U.S.G.S. Water Supply Paper 1619 GG: by Bulletin G.W. - 45 of the New York State Water Resources Commission; by Holzmacher, McLendon & Murrell CPWS-24 and by the Pirnie Report. Recent salt water intrusion and prohibitively high nitrate levels underscore how little fresh water we actually have and as a result what relatively small amounts of chlorides or nitrates are required to create a dangerous situation. Both the Village and Town recognize the seriousness of this water problem but have reacted in different ways. The Town has enacted zoning requirements limiting population density to one dwelling per acre except where there is public water and sewer. Since there are currently no sewers in the Town other than the Greenport Municipal System this results in one acre zoning at this time. Sou~hold Town Board - 2 - January 8,. 1973 Greenport on this hand allows quarter acre zoning having both water and sewers, thus allowing four times the density of the Town. Greenport, in order to secure the necessary water for its system has had to go east to East Marion for a well field and west to Southoid for multiple well fields. In other words, in order to supply their high population density they are now withdrawing ground water from under eight lineal miles of the Town of Southold o~ approximately one third the length of the Town not counting islands. It would seem most unreasonable to allow the Village to capture this property by annexation and supply additional water for high density at the expense of the Town~'s precious water. A further comment might well be made in this regard. If the Town could have the land owners and particularly the farmers establish a "small watershed" under existing legislation they could then control, limit or even forbid the use of their water to others. These rights have been upheld in court. .This might well mean that the Village Would have to pay for the water it now uses from its out- lying well fields. Finally, the decisions must be made now - and at this time the Greenport Municipal Sewage Treatment Plant is in violation of the State Code - additional flow through this plantsb~uld not be allowed. For these reasons the Planning Board respectfully recommends that the Southold Town Board strongly oppose any annexation of Town land by the Incorporated Village of Greenport. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW=tle Statement of Planning Board and Impact Statemen= appended. PLANNING BOARD M EM SE:RS John Wlokhan~, Chairman Henry Mo~sa A Wred Grebe Henry Town P.ann ng Boazd January 8, 1973 STATEMENT OF PLANNING BOARD In unanimous resolution of March 27, 1972, reaffirmed January Ii, 1973, the Southold Town Planning Board strongly opposes the proposed annexation by the Incorporated Village of Greenport of the'~cCann property" on the south side of County Road 27. It is the opinion of this Board that this proposed annexation is definitly not in the public interest of the Town. In fact, we are prepared to show that it will undoubtedly cause a real sacrifice on the part of the Town residents. Further we feel that with current zoning in the Village it will undoubtedly cause added hardship to the residents of the Village. As regards the Town the mosu critical area is water supply. It has been repeatedly pointed out that our ground water is strictly limited. (U.S.G.S. 1619 GG; N.Y.S. GW45; CPWS-24; Pirnie and others) It is equally evident that the Greenport Municipal System is now withdrawing ground water from a system of well fields extending for almost exactly the middle third of the Town proper. In simplest terms there is no wheres near enough water to develope all of the Town of Southold under half acre zoning. This is why the Suffolk County Board of Health and Southoid Town Zoning required 40,000 square feet. We were, in the study period, using for all purposes 7/10 of our available water for the development of 9 i/2 percent of our ~otal land area, Statement of Planning Board - 2 - January 8, 1973 In 1966 Pirnie reported (page 54) that five permanent residents used the same amount of water as required to irrigate an acre; that there were 12,000 acres irrigated in 1966; that 5.5 million gallons per day were used for this purpose and that in 1966 we only had an unused reserve of 3 million gallons per day and we were currently using 1.5 million gallons per day for domestic use. On page 8, Raymond & May, Part I, 13,136 acres are shown in actual agriculture and in addition 9,881 acres are shown as vacant and private open space, for a total of 23,017. Assuming half acre zoning equals five persons per acre and deducting the 12,000 irrigated acres leaves 11,017 acres for which there is only 3 million gallons per day, or this would only support three people per acre, which is obviously less than half acre density on nearly half our undeveloped land. If now in the area proposed to be annexed there are four families per acre as allowed by the Village Ordinance it is obvious that many more people in the Town will have to go without water. Another probtem that the Town faces at this time is the fact that the Greenport Sewage Treatment Plant is currently in violation of the State Code. It is discharging partially treated effluent into Long Island Sound and contaminating the surrounding waters and beaches of the Town. Finally, it is the opinion of this Board that all the residents of School District 410 stand to loose financially. This would include those in the Village of Greenport as well as in the area proposed to be annexed. It has been clearly shown as far back as 1960, "Planning For Open Space in Suffolk ~County" page 10, that quarter acre zoning results in a net loss to the school district of $375 per family per year; This would be $1500 per acre per year. This must be made up by higher taxes or other revenues. The approximately 50 acres involved could be expected in a few years to generate at present educational costs a $i00,000 annual net loss to the school district. In all probability services required by quarter acre residents would also generate a deficit at the municipal level. For'all of the above reasons the Southold Town Planning ~oard is completely opposed to this proposed annexation. Southokl Town Planning Board -qml. JTHOLD, L, l., N. Y. 11971 PLANNING BOARD John Wlokham, Ohal~',m;n Henry IVi o.l~a Alfred Grebe Henry ~Rayno~ January 8, 1973 ANNEXATION IMPACT STATEMENT The primary criteria for annexation of property is that the parties involved should derive benefit that is in tlhe overall public interest. This being the case, the :following questions arise: 1. What will be the impact on taxpayers in School District a. What will be the impact on the school itself? b. Is the Village willing to compensate Town taxpayers in this district for increased school costs caused by high density housing? 2. What consideration has been given to police pro- tection problems arising from jurisdictional problems? 3. As regards fire protection, the East West District is currently contracting with the Village. Removal of the block in question (McCann property) will result in higher rates in the remaining contract area. Has any means of adjusting this additional load been presented? 4. The law states that property annexed must bear the liabilities and bonded indebtedness of their portion of property in proper proportion (McKinneys 708-1). Has this been worked out? 5. How does it happen that County Planning has no say in this property being less than 500 feet from County Road ~77 Annexation Impact Statement - 2 - January 8, i973 Determination is supposed to focus on annexing Municipality and detriments to remaining government units (McKinney 712-2). It would seem that water to serve the high densiuy housing allowed by the Village and therefore anticipated under annexation could only come from outside Village limits and much more important it can only come at the sacrifice of some other area in the Town. There is simply not enough water to go around and annexation of this properuy will allow four times the population density now allowed in all the Town except that very small area served by the Greenport Sewer System 6 On this day o£ · 19 , be£ore me personally, appeared to me trnown- and ]~nown to me to be the ]ndfv~'dual de$crfbed in, and who executed the £oregoYng certft?cate, and he thereupon duly acknowIedged to me that he executed the same. The undersigned do hereby certify that they are conducting or transacting business as members partnership under the name or designation o£ EAST E~ ASSOCIATES at 20 Church Street, Patchogue, in the County of Suffolk , State of New .York, and do further Certify that the full names of ali the persons conducting or transacting such partnership incIudlng the full names of all the follows: ~AME Specity which are infants and state ..J...o...h.n J. Hart~ Jr. ~a-.J.....Sca~d~aglia... Robert A. Seigel L~uia..Zk....P~aif. Le ......... : ........ Robert Rosenblatt RESIDENCE .P...e....a..t....Hol~ Lane, Bel.l.~or.tj New York . 108 Shore Road, Patchogue, New York ~ ~ a-v-ar...Dz~...~o.a~ ,.... ~ = o.o~kh~v..~n ~....~Le.w...~.o.~k ................... Private Road, East Patchogue, New York ~-~ llh. a¥-en.--~o-a~ .--.~ ~ 1 l~..o.r.~..~...N.e.w.....:Z..Q.r k ............................ ~ennin~s Avenue, Patchogue~ New York ~i~i'&* ~'~ 7'**~'~E ~'"-N'&~'"?~'~'~ ........................................ 12.5...At/an tic..Auenue,...B3_ue...Roi/l:c.,....,Na~_..X.o~k ........ Ketcham Avenue, Patchogue, New York WE DO FURTHER CERTIFY that we are the successors in interest to no one. and signed' this certi~cate. F~m~ of Suffolk On tais '_,__ We have this ~ -- day o£ May ,19 70 ,made .... :-.' ....... ............ peLrson signiug the above mus~ be in writing. NOTICI was orig ~ December 1, :eschedul 1973 at the and t~ne pursua SeetJon 7o4 (3). NEW ~ in sa~d is ~ p~inted c Weekly Times ':; n~h.. ~ ............. NR~NCE TOWNSEND BLIC OF NEW YORK m Su[i'olk County No. 52.9366350 19 '~ March 30, STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: MABEL HARRIS, being duly sworn, deposes and says: FIRST - I am the Clerk of the Village of Greenpor~ Suffolk County~ New York. SECOND - Annexed hereto are true and complete copies of the petition, notice of hearing, written objections, and hearing minutes regarding the annexation petition of East End Associates. EL HARRIS Sworn to before me this day of April, 1973. GEORGE f;, N~TARY ?UBLIC State o~ ~w -- No 3fi-3807~58 Qualified in Su[fclk C?nt) MINUTE.S SOUTHOLD TOW~ ~O&RD VILL~GE OF GR~NPORT January 12, 1973 In the Matter of the Petition of EAST END AS$OC!ATE~ for the annexation to the Village of GreenPort of certain territory adjoining said Village Meeting Time and Place: 8:00 P.M. - Village Hall 236 Third Street Greenport, No T. PRESENT: ~.0UTHOLD TOWN BOA~RD PRE~EE~: BOARD OF TRUSTEES OF VI~G~ OF GREENPORT ~OR GEORGE W. HUBBARD TRUSTEE WILLIAM LIE1~LE ~? TRUSTEE S~MUEL KATZ ~L50 FRE~ENT: John Wickham, Chairman of Southold Town Planning Board Robert W. Tasker, Esq., Town Attorney George C. Stankevich, Esq.~ Village Attorney &lbert W. Richmond, Town Clerk John L. Peckham, Treasurer, Village of Greenport James Monsell, Superintendent o£ Public Utilities, Village of Greenport ~outhold Town Board Village of Greenport -2 - January 12, 1973 Supervisor Albert Mo Martocchia was appointed to chair the he ar ing. ~UPERVI~OR ~,~RTOCCHi~: I will now call the hearing to order. ~. James Rich will read the legal notices. Councilman Rich read the legal notice of hearing; proof of publication signed by C. Whitney Booth of the Long Island Traveler- Mattltuck Watchman~ proof of posting signed by Albert YY. Richmond, Town Clerk; recommendation of the Southold Town Planning Board that the Southold Town Board st_~ongly oppose a~y annexation of Town land by the Incorporated Village of Greenport. It was also recorded that legal notice of hearing was published by Hon. George W. Hubbard, Mayor of Village of Greenport; proof of publication signed by Stuart C. Dormau of the ~ff~lk ~eek~ Times; proof of notif~cat_on to Greenport School Dzstr~ct ~lO, and to East End AssociateS,m signed by Babette Conroy, ~ecretary to the Town Attorney, Town of Southold. SUPERVISOR ~RTOCCHIA: At this time I will open the hearing to the general public. Is there anyone present who wishes to speak? ~. J01~_~ J. ~-~RT, JR.~ I am a member of East End Associates. We appeared here some months ago and at that time stated our case with respect to property which we own on Moore's Lane. We would respectfully' reqmest that annexation be granted. We feel it is in our best interests and in the best interests of the Village. It woul.d have no deleterioms affect on the Town. With this in mind, we would respectful~ reqmest that the annexation be granted. Mr. Riclhard Schoenfeid, my' partner, is here and would be happy' to answer any questions. I~f~. WILL&RD Z~!~ENCE: (Council of gilied Associations of the North Fork Taxpayers Association) I am in opposition because it would be detrimental to the Town of Southold and the Greenport School District. These are less than one acre lots. This is a direct attempt to circumvent the laws of the Town of Southold. ~;~. GLO, DYe C~JK0: (President of North Fork Taxpayers gssoctation~ Inc.) The North Fo~k Taxpayers Association would llke to go on record as "opposlng~. I ~ow that listening to facts and figures can be very boring but sometimes they do tell a story'. I would like to read the breakdown as far as costs to the school system are concerned. Forty acres would be developed, in your one acre, Southold Town. Board Village of Greenport -3- January 12, 1973 one half acre and one quarter acre zoning: Lot Size: No. of houses Land Value :* House Value:* Total Value:* &sees sod Valuat ion:. 1 acre 1/2 acre 1/4 acre ~2,000 80 160 ,ooo ,ooo 30,000 27,000 25,000 42,000 36,000 30,0OO 7,5o0 ,ooo ,ooo No. of Children:~.~z- 68 136 272 (In your primary school breakdown, we are using figures obtained from a very good source. For every' 2.7 children, 1.7 is in primary school and i is in secondary school.) No. in Primary School:x 43 85 No, in iEecondary School:x 2~ '7~ 50 CoSt Primary' School:xx $40,o.~ $80,~10 Cost Secondary '~ :xx 35,500 71,000 Total Cost:xx 76,178 151,410 (I used an ~pproximate tax rate of $10.50 per hundred) Tax Heturn:# ~31,500 $50,400 171 101 305,186 $ 84,ooo School Deficit: $41!, 678 $10i, 010 $221,186 * Professional opinion - Office of Southold Town Assessors ** National average is 1.7 children per house. x Source: Greenport School. For every 2.7 children, 1.7 is in primary school and I is in secondary school. xx Source: Greenport School. ~ Current approximate school tax rate of $10.50 per hundred. Note: :No estimate is given or considered in these figures for possible expansion costs. &ll figures are current figures and should be expected to rise. ~. CS~&JKO: I am telling you what it will cost you to develop into one quarter acre lots now. I am going to give the Board a copy of the breakdown. The figures ca~e from very good Source s ~ ~. JOHN. J. H_ART, JR.: I would like to address myself to what has been said. I was looking at the Nassau-Suffolk Regional Planning book which makes comparisons between the 1960 census and the 1970 census. Greenport has only grown 3.24 in that time. From the people I have talked with in the Village of Greenport, they' are concerned about its future and what is going to happen So~thold Town Board Village of Greenport January 12, 1973 to it. The annexation of this particular parcel is a logical ex- pansion of the Village. if Greenport is going to have a future it has to look to some kind of logical expansion, the kind of development which the Village of Greenport would control. We have heard comparative ~ f~gures. ~Zou can get a lot of people on the polar ice cap but that doesn~t ~ean it is going to be developed, and it doesn't necessarily mean that Greenport is going to be developed. The way' it is developed depends on the Trustees of the Village of Greenport. I would suggest that the only thing that would happen here immediately is that the Village of Greenport would gain some ta~ revenue. If the Village continues to control its own destiny' there would be uo change in the population or any other fashion that would be deleterious to the school district. The 2own of ~outhold would still have its taxes and hopefully they would be able to work together so the Village could determine what is the best 'way of developing this particular piece of property'. ~e are not asking for any real change. The only change would be that there would be a transfer of r~nicipal control from one political subdivision to another political subdivision. The advantage to the owners of the property is its inclusion into the sewer district and water district; we have made no bones about it, and we make no bones about it now. ~JPE~VI~C~ ~RTOCCHiA: if anyone wishes to speak, please stand up and be recognized, and direct your remarks to the two Boards. ~. JAME~ MONSELL, Superintendent of Public Utilities: I don~t think enough people have appeared to speak in behalf of the Village. Mr. Hart, in speaking for the reasons why he wants annexation, makes no bones about the availability of the sewer system. We passed over the inadequacy of the sewer system at the other public hearing but there were some things that were not brought out. We are now in the process of having one half acre z~niug in our R-1 district which Mr. Hart agreed to at the other hearin~ when he was questioned. He said: (rea~ing ~from previous minutes) ~I will say right now, and for the record, tb~t if it is a question of half acre zoning, we are willing to come in at one half acre.e He realizes that once the Planning Board sends its recommendation to the Village Board, this parcel will come in as one half acre. Under half acre zoning there could not be more tn~an 75 homes; there has to be g~een space set aside. A home uses 70,000 gallons of water a year. The total project would use ~,000,000 gallons. ~hen this 47 acres was farmed in the late 40's, early ~O~s and mid-~O~s farmers used 9,000,000 gallons a year. To develop this into half acre zoning would be a saving of 4,000,000 gallons a year. If you can save 4,000,000 gallons a year on 47 acres you have saved somme water. It was farmed during that time and it was irrigated. The ToWn and the~ Village work well together although we do have our fa mily~ arguments from time to time, the same as any fa$ily. These are my friends and we work well together on the °vet-all pza~re. The assessed ~outhold Town Board ~illage of Greenport January 12, 1973 valuation of the Town in 1937-38 was $22 million. For 1972-73 it was $55 million. They have had a gain of $33 million of assessed Valuation. Greenport in 1937-38 had au assessed valuation of $3.4 million, and in 1972~73 it was $3.8 million. So, in all these years we iaave only gained $400~000 in assessed valuation. The population of the Town of Southold iu 1940 was 12~000 people. In 1972 it was 18,000. The population of the Village of Greenportwas 3~000 in 1940 and 2,400 in 1972, We have lost 600 people in that 32 years. We are trying to upgrade ourselves and have a better Village. We don~t want the Town to push us down. If they don~t allow us to improve ourselves you will find a depressed Village i~n the Town. We want a good Village within the Town because we all love this Town of Southold. None of us wants a distressed area in ~ nice T~;n with a ~owing assessmen~ The Village has very' little room to get am~ assessment at all. We don~t have virgin land. The bes~ we ~can plafi on is what we already have, and if we can get 47 acres from time to time in our lol square mile it would be of great help to ms. ~e have the faeilities to offer 2,~. Hart~s development. ~. Hart~s land someday will be developed, It's Just a question of whether it will be Village ~overnment or Town g~vernment; and that will give us a freshening up~ if we can add this 47 acres to the Village. 2~qS. i~.BEL LTTLE: I am speaking on behalf of the &llied Council of the North Fork Taxpayers ~ssociatiOno I would like to mention something I picked up as the gentleman talked. I think he said ~if they were allowed to get some acreage from time to time~. &re we to take that thatf!this is opening the door to gradual enlargement of Greenport Village? ~..MON$ELL, There would have to be a public hearing for annexa- tiono Th~sre are three pet_t~ons in now for annexation; all have been deuled by the MRS. LYTL~: We would like to know~ since the development company' is going to Work with the Village of Gresnport~ whether ~ · taey have as yet presented any' plans in black and ~ ~ ' , ' ~h_te as to their actual zn~ent~ons. ~ ~RT: ~o. ~Je have not. MRS. L_W-TIE: In other words, annexation can be granted without plans. This would, we feel, be downgrading the Town of Southold as a whole if you are going to gradually annex pieces of land to develop as you see fit at a later date without any restrictions at the time of annexation. ~. JOHN WICKHAM, Chairm~n of the Southold TownPlanning' Board: Jim Monsell and i are friends, our fathers were zrienc~~ ~ before us. As a m~tter of fact~ I am d~stant.~~ related to one of I~o Harris Southold Town Board Village of Greenport January 12, 1973 oartners so we are not all that far apart. I would like to read ~he letter dated January 8, 1973 which was addressed to the Southold Town Board in which the Southold TOWn Planning Board strongly opposes any annexation of Town land by the Incorporated Village of Greenport~ (Mr. Wickham read the letter. See copy attached)° I~Z. W!CKI~M: i would llke also to read the Statement of ?lanning Board dated January 8, 1973, and an addition to the Statement called gnnexation Impact Statement° (Mr. Wlckham read Statement of Piannz~_g Board and Annexation Impact Statement. See copies attached). ~. WICKKgM: Tine last time I appeared before your two Boards I pleaded for cooperation. We have worked together long and well. I am sure we will continue to work well together. As has been said before, the Town stands to gain by having a strong, healthy Greenport. The Village of Greenport stands to gain, perhaps to a lesser degree, by having a strong Town. Together we will go a, long way. If we are flighting all the time, if we are stabbing one another in the back~ we will all lose, everyone one of us. My mind always comes back to water... I live down by' salt licks and I k~.ow that salt intrusion is an ever present problem. You, in the Village, have had trouble with your East Marion well field and your Greenport well field. Jim, do your Trustees know how far you are out on a limb? 'Within the past month Pebble ~each Subdivision came to us and said they wanted to put in a salt plant and indicated where they wanted to put it. We said ~you can't put i~t there~ because it would be right opposite the East Marion well field of Greenport l~hnicipal Water. They then said they' would put it in .the center and we said ~'you Can't do that~. We told thenl that they' would have to put it up over the divide where ground water flows into Long Island Sound. I would guess you have a million dollars invested in your well fields west of Greenport. Let's say the laud next to the North Fork Plant in So,~thold is for sale.., today a farmer could buy that land and sink two or more 3 inch wells within 30 feet of your north boundary'. Within six months he could salt down his and your wells. There is not a thing in the world that could stop him, not State, not County, certainly not you. The situation is very similar with the North Road well field. Do you realize the precarious position you are in there. We are getting these farmers coming out from western ~ffolk and Nassau County and they think they know all the answers. They do las they please ~.~ithout any forethought. I submit to yo~ that you haled the cooperation of Southold ToWn. The Town Planning Board hasI recommended to the Town Board that the Town of S~Outhold should l~cense agricultural wells so we have some control. You haw~ a millio~ dollar investment and not a thing to protect you. For Pete~s sake l*t~s work together. Southold Town Board Village of Greenport January 12, 1973 ~R. MONSELL: John~ you alw~vs do well at shooting me down but you have to ad,nit that we have a good public water supply and we have a darn good sewer system. We may be in violation but we submitted ottr application as soon as we could, and you know that we are serving more customers under public water supply outside of the Village than we are in the Village. ~e are following all controls, we are doing our job. We are following all the Malcolm Pirnie recommendations of control, of future water control. All our wells h~ve to be licensed; farm wells don~t have to be licensed. 0u location and spacing of wells we spent a lot of money on engin- eering. The last engineering re.port on nitrates cost us ~3~700 for the report and $900 for testate, and 90% of that testing was done in the Town for the TOWn'S benefit, and our benefit also. W~ do work well together, John. These little fracases shouldn't happen 'because we do work well together and we will work well together° The sixth Pirnie reco~nendation is the recharge of Aquifer with surface waters and we have been doing that since the late 40~s or early 50~s. We have had recharge reservoirs, Impounding reservoirs.., we have recharged 20 million gallons a year from our reservoirs when this salt water intrusion has come in. ~o, we are doing everything we can to have a first class water supply and as soon as the President releases money we will have a first class sewer system. Nothing can be done until funding is done. That is the only thing that is holding us in violation. Every primary treatment plant in the State of New _~ork is in violation. i feel that Greenport can be upgraded by this annexation. The Town and the Villag~ should work well together even if it comes to setting up sewer districts in the future. GEORGE C. STANk~EVZCH, ~8.Q., Village Attorney: I think t~ee things are the crux of the hearing we are having here tonight ~on future relations of the Town and Village and those are as follows: honesty' in approach to our problems, harmony in our resolution of problems, and responsibility in all our efforts. One point that has been made is~ does this annexation institute a precedent for the future.., does this ~ean that the Village would keep on annexing land ad infinitum? The answer is ~No~ It ~,~st rest with the l~ndowners. You can't annex across State highways. Greenport is boxed in on the north by a ~tate highway~ on the east by' Etirling Basin; on the west by Chapel Lane, a Town Road. Future annexation possibilities are limited and the Town always has a veto over these matters, as you have experienced in the past. Another issue, on the question of growth: Where does Greeuport grow and is it necessary for Greenport to grow? The Town has vast areas tlhat are going to be developed. Ton have experienced it with ma~v applications for change of zone and variances. The Village is essentially built up. There are very few areas that are empty so the Village doe~ not have that ootlon. This is expressed in the assessed Valuation figures of ~3-.~ million in 1~2 as against ~.8 mi. llion in 1972, a growt~h ove. r 20 years of rough'iv 9%. At the same t~me t~ Town went from ~2~.5 million in 19~2 to~ million in 1972, Southold mow~ ~ Board Village of Greenport -8- Janue~y 12, i97~ a growth of 13~/~. You will continue to grow. Your ts~x base will in no way be affected by the annexation of 49 acres. In that same period of time you can see a detrimental affect on Greeuport t~ lack of growth~ The tax rate for the Village of G~ee~oort the year !9~2 was ~1 o~ ~e~ hundred, and ~m 1972 it was ~.~8. a gro~m~th of 18~%, The T~ in i9~2 had a tax ~ate of $1.8~ per hnndred~ and in 1972 it~was $2.06..~ a growth of 39%. During this period of time the Village has t~isd to run itself prudently. Within the past five yea~s, in a ~eat sense due to tb~ efforts t~ Mousell and ~. Pec!daam (our Treasure~ fo~ the past 2 years), they have tmied to keep costs down. They have substantially~ reduced the numbs~ of ~nlcipal e~%oloyess. The Village is trying to act responsibly in terr~ of operating and in ter~ of tax base. the Village had acted irresponsibly it would not have enacted a comprehensive M~ste~ Plan; and a new Ordinance~ which it did at the sams o~me the mow~ did. IF It weme mm~espons~bls~0 could have enacted a Zoning 0mdtnance that woo~ld ~vs permitted high-rise condominim~ on the water Front. I don~t think either the Town or the Village ham acted irresponsibly, and I think they will continne to act responsibly and harmoniously. The particular area we are talking about was once a part of the Village of Greenport, from the Sound to the Bay and from ~tirling Basin to Moore's Lane. Prom a planning point of view it's a logical extension, it's small, and is contiguous to the Village of Greenport. ~. Lee E. Koppelman in court pmoceedings testified regarding past annexation on Chaoel Lane tb~t from a regional p ~nt o£ v~e~ (this part of Moore]s Lane, ~0 acres) was a logical piece of land £rom a planning point of view to be annexed to the Village. Prom a zoning point of view, there is some misconception. ~at we are not ta~king about here is one acre opposed to one qmarter acre. We are talking in ter~ of one half acre. If this area were served by water and sewer districts in the Town it Womld have ha%f acre zoning. IF it were in the Village it would have to ~ave water and sewer. So~ the differential as of tonight is one half acre opposed to one quarter acre. However, the Village has referred the matter o£ zoning to the Planning Board in order to determine whether the Village should upzone and the Village Planning Board, last Tuesday night, ~ecommended that Greenport upzoue to one half acre in parity with the Town. There will be a hearing on it in February and i think we can assume that the Village will act ~esponslb~z. !~h has been said about the sewerage plant. ~4~. Mo~sell, Four years ago, made all the necessary applications to upgrade that plant and bring it to top standard. The only' reason he hasn't been ~ole to do it is that the 2tare ran out of money. A bond issue has now been passed, and the Federal government has now passed ade- quate Funding; and we have been assured that megardless of President Nixon~s present policies that the Village of Greenpomt will sta_wt construction this coming Fall. ~. Plynn of the County' Health Semibold Town Board Village of Greenport -9- January 12, 1973 Department and the Dep~tment of Environmental Control, in past rega_~d_ng Cnape_ Lane, ~egardless of whether court proceedings ~ ' ] - a new plant was built or not, said they 'would recommend thati~ surroundim~ areas put their sewerage into the C-reenport sewerage plant. He felt that was better than other methods. They Feel that pu'bl~c systems such as Greenport~s will be improved and they' would rather have it done that way. When y~ look at all these factors, Greenport has not acted irrespons~b±y, and I dontt think anyone can ~ssume ~hat they · '~] act irresponsibly in the future. I think thzs particular ~9 acres is not a great loss to the To,ua and it might provide some economic impetus to the Village. %~fhethem you vote one way or the other on this proceeding doesn:t tie your hands in the future. Not at all. i would Just hope that both Boards would keep au open mind, and sit down and talk on it and think on it, and make a right decision from everybody's point of view. ~S. LYTLE: One further thought on the fact that the Board has no ]plans from the developers Since you have been nog th ~no since early 1971, don:t you b~ve anything In ~iting or any type of agreement? &nything that shows they will go along with one ha~ acreT Is it going to be cluster homsiug? Is there any chance that it might be changed to Business Zeus? ~. 5T&NKEVICH: There have been no discussions of any substance ether than that the developer is filing an application. It would be improper for anyone om the Village Boa~d or anyone associated with the~Village to talk to the develope~ about the development of this property, if it were to be annexed to the Village t-he developer would have to go to the Planning Beard, would have to have site plan approval, and submit ecological impact studies. All of these matters just as they are handled in the Town are referred to a certain step or proc~dure. I~S. LYTLE: There is no gua_~antee to the Folks in adjoining areas of the Town of Southold as to what would happen to this land if it were annexed to the Village of Greenport, which is a terrible risk. I speak for the North Fork Association. SUPERVISOR ~D~RTOCCHT_A: Is there ar?one else present who wishes 'bo speak at this time? i~. ELaN DE ~d~IA: Did I understand ~,~. Hart to say' that there would be no additional children added to the school district? }~. ~HART: I dontt think I said that. I don't think anyone can guarantee that. ~.~$. DE ~I&RIA: I have seen ~any t~mes zn western Suzfol~ and Nassau County where the additional services required by ~outhold TOWn Board Village of Greenport - l0 - January 12, 1973 developers adds to the cost to the TOWn. ~IIPER~t~.OR ~i~RTOCCHIA: Does ar~yone else to speak at this time? ~.. WILED LAh~ENCE: If this should go throug~h, zuasmuch as the taxpayers o£ Greenport pay for sewerage tax, would the developers pay for the znsta_latzon of t_zs sewerage syste~? ~0R ~JBB&RD: Tes. SuperviSor Martocchia read the following letter from School D~tr~c~ #10. The Board of Education of the Greeuport Public Schools wishes to go on record as not opposing the annexation to the Village of the property bounded by Moore's Lane and the North Road and the subject of the public hearing of Janusa~y 12, 1973. ~ndorsement of this annexation is based upon the Village establ_sh~ug one~aalf acre p~ots in all future developments. It is reazaested that this opinion be conveyed at the hearing. Very truly B0~dRD OF EDUCATION (Signed) F. W. ~azd_ner District Clerk (Dated) January 12, 1973 Supervisor Mar~0cohia read the following letter dated January 8, 1975, addressed to the 2omthold 'Town Board, from the No.vth Fork Taxpayers Assoczatzo~, Gentlemen~ 0n Jan~.s~y 12th at 8 ~,m. a public hearing will be oozntAy held by' the Southold and Greenport Boards regarding the application for ~nnexation to Greenport of acreage owned by the East End Associates. ~outhold Town Board Village of Greenport January 12, 1973 (North Fork Taxpayers letter cont'd.) A representative of the North Fork Taxpayers Association, Znc. will be present at that time to appear in opposition to this annexation. Our objections will be based upon subparagraph (e) of the public notice. Our Association would also respectfully' request t~hat the 2outhold Town Board vote against this annexation on the grounds that it violates the intents and purposes of our Master Plan and is in conflict with the over-all public interest in its possible affect upon the tax rates. Sincerely', (aigned) Gladys Csajko President Supervisor Martocchla read the following letter dated January 8, 1973, addressed to Supervisor Martocchia, Town of Scuthold~ from the Council of Allied Associations of the North Fork Taxpayers Association, Inc.: Dear Su~0ervIsor ~ ' ~ ~, Mart cc ch~a ~ Th,~ Council of Allied ~ssoc.at~on wish to go on record as being in opposition to the proposed annexation of land owned by ~ e the East End Assoc~at s to Greenport Village. ~,~e expect the ~outhold Town Board to take a firm stand on all laud proposals contrary to our Master Plan which calls fbr ± acre ..~on~ns, whether it ce zu the name of annexation las it is in this case) or otherwise. ~ We respectfully request that the Southold Board votea~=zns~' ~ this annexation on the basis that it is detrimental to the ipeople of ~outhold Town. Very truly yours, ~ (Signed) Gladys CsaJko,! Pre. Council of Allied AssoCiations i~iS~, liTTLE: Is ~ir. Hudson still a member of the Scho~! Board? Is there any way' of knowing whether he abstamned from vo~z~g due to conflict Of interest? As an interested party he should ha~e abstained. The inference is that the e.~tzre School Board voted. ~outhold Town Board Village of Greenport January 12, 1973 gUPERVI~OR MARTOCCHIA: information can be obtained. ma,~er of record. The MR~$. CSAJK0: I would like to ask for clarification~ At our last hearing the East End Associates were ~den~iz~ed. I wonld ask that they be zden~ified now° I~. HART: They are the same people: John J. Hart~ Jr.; Richard Ac ~choenfeld; Louis J~ $cordamaglia; Robert Ac Siegel$ James Ro Warner; Jacob Bush; Ronald Bush; Louis A. Pfeifle~ Robert Rosenblatt. ~S. CS~JK0: Is this group recorded with the County Clerk? MR. ~T: We hays a Certi£icate of Partners but I don~t know whether it has been recorded or not. The names on the Certificate of Partners are the owners of the property. ~. C~.JKO~ I would like to enter the following statement from the Minutes of last year: ~'I am John J. Hart of Pelletreau & Pelletream of Fatchogue~ representing the Petitioners. And the Petitioners are ~ast End &ssociates who a~e a co-partuershlp and the Certificate of the partners is on file in the County Clerk's of£ice.~ assume my' information at that time was correct. ~. C~K0: I am trying to bring about a moratorium that people are asking for. We have had a search made by Lester M. ~lbertson, Clerk of the County, and find that East End Associates have not been recorded. Do you want to make a states, ut? ~Lq~ HA RT ~ ~o o ~q~. CS~JKO: There has been a lot of talk tonight. Mr. Hart was quoted as saying "Z will say right now and for the record that if it is a question of half acre zoning, we are willing to come in as one half acre's; Mr. Stankevich stressed honesty and responsibility. Mr. Hart and Y~. Schoenfeld are lawyers and I am sure they are familiar with GE~F~RAL BUSINESS, LAW, 4rticle 9-B, Filing of certificates by persons conducting business under assumed name or as partners: 1. No person shall hereafter (a) carry on or conduct or transact business in this state mnder any name or designation other than his real name, or (b) ~ on or conduct or transact business in this state ~al~_a ~member o~.a~Pa~n~r~ch erson s~a _~~e ~6e of the clerk 0~ each co name ~r ss Southold Town Board Village of Greenport January 12, 1975 the a of ~no is an infant~ Each certificate shall be executed ', or, ~r uhere be more b~n one, ....... he D~s%ness~ 9, )erson O~ DerSons business as ~ sect on or or urans~utir~ statement :n 'g ~cate i~%ql;. CSAJK0: I would like to make a statement. You are the representatives of the people of Southold and Greenport and, as such, you m~st be like Caeser~s wife ~above reproach~. I fail to see how you can transact aP~ business with a group who are in violation of the grate of New York. I would like tO respectfully' recommend that you disallow this annexation. }~. ~L~RT: East End Associates are a group who own a piece of real estate~ it's the only piece they' do own° i would suggest that Mrs. Csajko follow through if she feels there has been a violation. As I ~a~d before, the members of the East End Associates are the gentlemen whose na~s I read to you, and their addresses are shown on the Certificate. P~. C~JK0: There were some changes of partners recorded in the past but not the names of the present members. I am still standing by my request. I would like to hear something from the Board now. SUPERVISOR ~RTOCCH~: Have you something from the County Cler?s records that we can enter into the minutes? M~RSo CSAJKO: Yes, I have. SUPERVISOR ~RTOCCHiA: Will you please leave the material you have with the stenographer? From County Clerk:s Records: STAL~ OF ~ YORK sS: OO'LTNTY O~ ~OLK I, IE. STER M. ALBERTSON~ Clerk of the County afOresaid~ DO ~REBY CERT~~ that I have searched the records of said Office for &ssumed Business Names, Partnership Certificates, and Certificates of Incorporation against: East End Associates, from beginning to the 8th day of January', 1973. -AND FIND- Certificate of Partnership #59740 in the name of East End Associates at ~ast Hampton, New York'~ filed April l~, 1968 at Southold Town Board Village of Greenport ~ ~ 1973 The names of the partners conducting business are: Thomas Nappi, Tall Tree Court, East Hampton, N. Y. Leo E~ Dion, 3 Maidstone Park Road, East Ha~Kpton, Arthur J. Roth, Amagansett, New York -00- Certificate of Partnership #6~_68 in the name of East End &ssociates at East Hampton, New York, filed Setpember 26, 1989 at 9:50 a.mo The names of the partners conducting said busines~ are: Thomas Nappi, Tall Tree Court, East Ha~.~ton, E.Y. Leo E. Dion, 3 Maidstone Park Road, East Hampton, &rthur J. Roth, ~magansett, New York Donald T. McDonald, 20 Meadow Way, East Hampton, N.Y. -00- C~rti£icate of partnership #65991 in the name of East End &ssociates at 2~ Green gtreet, P. 0. Box 681, Huntington, N. filed March 16, 1970 at 11:27 a.m. The names o£ the partners conducting said business are: Leonard Milgraum, Box 681~ 23 Green Street, Huntington, New York, ll74J. ~o ~pandorF~ l~0 Broad Hollow Road, Melville, New !t746. Gerry Hoffma~ 56 S~t. Mark's Lane, Is~zp, ~ew York Stuart Novins, 897 Manor Lane, Bay Shore, N. Y. 11706 Yale Solomon~ ~6 0rch~d Drive, Br~g~a~e_s, N.Y., 11718 Robert Katz, 6h2 S~ffolk ~venus, B~entwood, New Morris Ki~schne~, 28 McCue Lane~ Babylon~ New RudOloh ~rnone, 35-~3 Manhasset Street, Seaford, New RalpP~ j. Melato, 29~ ' ~ ~ R~ve~szds Drive, Wantagh, New York, 1179~. &~tnu~ Michaels, 7 Maplewood Lane, Roslvn, ~. Y. 11576 Su~f01k County P~of. G~owth C~u~, ~49 C~nne~t not Islip Te~race~ New York. (NOI~E OTHERS FOUh~D ) WITNESS my' hand and official seal at Rzve~head, N. Y., on this 9th day of January, 1973o ~ozgnem~ Lester M. Aibertsou County Clerk (Mr. Ha7% presented CERTIFICATE FOR P~RT~ERS to the Board. Exhibit 2 - 4/11/72 -BR)o Southo!d Town Board Village of Greenport January 12, 1973 IV~S. i~RJOR~ I~f~-t~ER: My question is if you make annexation ~s that not a form of doing bus!nessv to the Town for annexation~ ~ . ROBERT W. TASKER, ESQ.: (Town Attorney) I think the sole question is whether he is in violation. .~ssuming that there is a violation, this is really not germane to the application in the sense that if a person appearing before this Board has dome something that does not apply to his application, it is not up to either one of the Boards to prosecute for that. They can take it into account. On the question as to whether they are conducting a business, it is really not germane. They have filed a Certificate of partners indicating who their partners ars. ! don~t believe that that is of too m~ch importance to the Board. If the partnership still exists, on the question of whether they failed to do so~sthing that they should have done, I don~t think that this a matter that this Board is going to pass on. Assuming the~ is a violation, this is a ~tter fo~ the courts and not for the Town Board or the Village Board. (A question was raised from the audience as to whether if there were a violation of the law it should not mitigate against the application as it might .ud~cate zhaz the applzcauts were of bad character, i~. Tasker replied that that could be taken under consideration). I~i~. LYTL~: It would seem to me that the very next step to be taken by the Town ~ttorney and the Village 2ttorney is to find out if this is a form with which ahev~_ ~ can do business, before you ~uyth~ng further om ~_nexat~on. I might say ~°~ F~s. Csajko has her information from the highest sources so I do think it should be considered before you find yourselves in difficulty'. ~S. C~O: Mr. Tasker has inferred that it is not the business of the Board whether or not the gentleman is legally' an &ssociation. I have talked with &ttorney General Lefkowitz and he advises me otherwise. '~' - ._am an oppo_tunzwy to SUP,~VISOR i~RTOCCH~A: Has everyone ',~ ' -~, * " speak who wishes to speak? (There was no response.) ~ .... ~.~. Thank you for coming to this hearing. The Board will make a determination at a later date. The hca_. ang was adjourned at 9:30 P.M. BOARD OF EDUCATION TOWN OF $OUTHOLD, SUFFOLK COUNTY GREENPORT, L. I., N.Y. 11944 January 12, 1973 Mr. Albert M. Martocchia Supervisor, Town of Southold Greenport, New York 11944 Dear Mr. Martocchia: The Boardof Education of the Greenport Public Schools wishes to go on record as not opposing the an- nexation to the Village of the property bounded by Moore's Lane and the North Road and the subject of the public hearing of January 12, 1973. Endorsement of this annexation is based upon the Village establishing one-half acre plots in all future developments. tt is requested that this opinion be conveyed at the hearing. · Very truly yours, FWG/mgb BOARD OF EDUCATION Soufhold Town Planning Board SOLITHmLD, L. I., N, Y, 11971 PLANNING BOARD MEMBERS Johfl Wlokh.am, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle January 11, 1973 Mr. Albert M. Martocchia, Supervisor Town of Southold 16 South Street Greenport, New York 11944 Proposed Village of Greenport Annexation Dear Supervisor: The following changes have been made in the Statement. Corrections are very minor and involve no change in thinking, but I am prepared to submit corrected copies at the time of the hearing. ~: am also prepared to submit a rebuktal statement or short statement near the conclusion of the hearing at which time I expect to plead for cooperation and understanding on both sides. Very sincerely, JW:tle John Wickham, Chairman Southold Town Planning Board Council o f Allied Associations of the NORTH FORK TAXPAYERS ASSOCIATION, INC. PECONIC. NEW YORK 11958 Jan. 8, 19?B Supervision Albert M. Martocchia Town of Southold Greenport, N.Y. 11944 Dear Supervisor Martocchia: The Council of Allied Association wish to go 9n record as being in opposition to the proposed annexation of land owned by the East End Association to Greenport Village. We expect the Southold Town Board to take a firm stand on all land proposals contrary to our Master Plan which calls for 1 acre zonin9 , whether it be in the name of annexation(as it is in this case) or otherwise. We respectfully request that the Southold Board vote aualnst this a~nexation the basis that it is detrimental to the people of Southold Town. Gladys Csajko,.Pres. Council o£ Allied Associations GS/ey NORTH FORK TAXPAYERS ASSOCIATION, INC. PECONIC, NEW YORK 11958 January 8, 1973 Southo!d Town Board Greenport, Eew York Gentlemen: On January t2th az 8 p.m. a public hearing will be jointly held by the Southoid and Green- port Boards regarding the application for annexa- tion to Greenport of acreage o~ned by the East End Associa'~es. A representative of the North Fork Taxpayers Association~ inc. will be present at taat time to ~ppear in opposition to this annexation. Our ob- jections will be based upon subparagraph the public notice Our Association would also respect£uity re- q?aest that the Southotd To~n Board 'vote against this -~"~ ~ a~ne~a~on on ~ae grounds that it violates the intents and purposes o£ our ~ster ~ian and is in conflict with the over-all public interest in its possible affect upon the tax rates. ~a ~o~re~den~ PLANNING BOARD MEMBERS John Wlckh~m, Chairman Henry M o.lsa Alfre~ Grebe Henry Raynor Frank Coyle Southold Town Planning E~DLITHDLD, L. I., N. Y. 119'71 January 8, 1973 Board Mr. Albert M. Martocchia, Supervisor Town of Southold 16 South Street Greenport, New York 11944 Re: Propgsed Village of Greenport Annexation Dear Supervisor: A few brief notes on the enclosed statements opposed to annexation. As regards the "small watershed" the rights of land owners have been upheld in Court for "surface water". To my know- ledge, cases have not been brought before the Courts involving "ground water". It would seem, however, that this would be the next logical step. As regards net deficits to school districts from quarter acre zoning this is much more startling today than it was in 1960 - the period quoted. I've seen recent articles on this but do not have then at hand. I'll try to have some- thing more on this by Friday. Sincerely, John Wickham, Chairman ' Southold Town Planning Board JW:tle SoUthold Town Planning SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle January 8, 1973 Board Southold Town Board 16.South Street Greenport, New York 11944 Gentlemen: The Planning Board feels that every effort should be made to oppose the attempted annexation of Town property by the Village of Greenport. It would seem that this is quite simply an attempt by the Incorporated Village to capture high valuation property from the Town without regard to the consequences to either Town or Village. The central issue is water. In the entire Town there simply is not enough water for unlimited development. This has been thoroughly documented by U.S.G.S. Water Supply Paper 1619 GG: by Bulletin G.W. - 45 of the New Yo~k State Water Resources Commission; by Holzmacher, McLendon & Murrell CPWS-24 and by the Pirnie Report. Recent salt water intrusion and prohibitively high nitrate levels underscore how little fresh water we actually have and as a result what relatively small amounts of chlorides or nitrates are ~equired to create a dangerous situation. Both the Village and Town recognize the seriousness of this water problem but have reacted in different ways. The Town has enacted zoning requirements limiting'population density to one dwelling per acre except where there is public water and sewer. Since there are currently no sewers in the Town other than the Greenport Municipal System this results in one acre zoning at this time. Southold Town Board - 2 - January 8, 1973 Greenport on this hand a~lows quarter acre zoning having both water and sewers, thus allowing four times the density of the Town. Greenport, in order to secure the necessary water for its system has had to go east to East Marion for a well field and west to Southold for multipl~ well fields. In other words, in order to supply their high population density they are now withdrawing ground water from under eight lineal miles of the Town of Southold ox approximately one third the length of the Town not counting islands. It would seem most unreasonable to allow the Village to capture this property by annexation and supply additional water for high density at the expense of the Town's precious water. A further comment might well be made in this regard. If the Town could have the land owners and particularly the farmers establish a "small watershed" under existing legislation they could then control, limit or even forbid the use of their water to others. These rights have been upheld in court. This might well mean that the Village would have to pay for the water it now uses from its out- lying well fields. Finally, the decisions must be made now - and at this time the Greenport Municipal Sewage Treatment Plant is in violation of the State Code - additional flow through this plantshould not be allowed. For these reasons the Planning Board respectfully recommends that the Southold Town Board strongly oppose any annexation of Town land by the Incorporated Village of Greenport. Very Sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle Statement of Planning Board and Impact Statement appended. Southold Town Planning Board srlUTH[3LD, L. I., N. Y. 11~71 PLANNING BOARD MEMBERS John Wickham, 0halrmafl Henry Nl olsa Alfred Grebe Henry Raynot, Frank Goyle January 8, 1973 STATEMENT OF PLANNING BOARD In unanimous resolution of March 27, 1972, reaffirmed January 11, 1973, the Southold Town Planning Board strongly opposes the proposed annexation by the Incorporated Village of Greenport of the'~cCann property" on the south side of County Road 27. It is the opinion of this Board that this proposed annexation is definitly not in the public interest of the Town. In fact, we are prepared to show that it will undoubtedly cause a real sacrifice on the part of the Town residents. Further we feel that with current zoning an the Village it will undoubtedly cause added hardship to the residents of the Village. As regards the Town the most critical area is water supply. It has been repeatedly pointed out that our ground water is strictly limited. (U.S.G.S. 1619 GG; N.Y.S. GW45; CPWS-24; Pirnie and others) It is equally evident that the Greenport Municipal System is now withdrawing ground water from a system of well fields extending for almost exactly the middle third of the Town proper. In simplest terms there is no wheres near enough water to deveiope all of the Town of Southold under half acre zoning. This is why the Suffolk County Board of Health and Southold Town Zoning required 40,000 square feet. We were, in the study period, using for all purposes 7/10 of our available water for the development of 9 1/2 percent of our total land area. Statement of Planning Board - 2 - January 8, 1973 In 1966 Pirnie reported (page 54) that five permanent residents used the same amount of water as required to irrigate an acre; that there were 12,000 acres irrigated in 1966; that 5.5 million gallons per day were used for this purpose and that in 1966 we only had an unused reserve of 3 million gallons per day and we were currently using 1.5 million gallons per day for domestic use. On page 8, Raymond & May, Part I, 13,136 acres are shown in actual a~riculture and in addition 9,881 acres are shown as vacant and private open space, for a total of 23,017. Assuming half acre zoning equals five persons per acre and deducting the 12,000 irrigated acres leaves 11,017 acres for which there is only 3 million gallons per day, or this would only support three people per acre, which is obviously less than half acre density on nearly half our undeveloped land. If now in the area proposed to be annexed there are four families per acre as allowed by the Village Ordinance it is obvious that many more people in the Town will have to qo without water. Another problem that the Town faces at this time is the fact that the Greenport Sewage Treatment Plant is currently in violation of the State Code. It is discharging partially treated effluent into Long Island Sound and contaminating the surrounding waters and beaches of the Town. Finally, it is the opinion of this Board that all the residents of School District $10 stand to loose financially. This would include those in the Village of Greenport as well as in the area proposed to be annexed. It has been clearly shown as far back as 1960, "Planning For Open Space in Suffolk County" page 10, that quarter acre zoning results in a net loss to the school district of $375 per family per year; This would be $1500 per acre per year. This must be made up by higher taxes or other revenues. The approximately 50 acres involved could be expected in a few years to generate at present educational costs a $100,000 annual net loss to the school district. In all probability services required by quarter acre residents would also generate a deficit at the municipal level. For all of the above reasons the Southold Town Planning Board is completely opposed to this proposed annexation. Southold Town Planning Board S[:3LJTH~LD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wtokham, Chairman Henry Moisa Atfred Grebe Henry Raynoe F~'ank Coyle January 8, 1973 ANNEXATION IMPACT STATEMENTf The primary criteria for annexation of property is that the parties involved should derive benefit that is in the overall public interest. This being the case, the following questions arise: 1. What will be the impact on taxpayers in School District #i07 a. What will be the impact on the school itself? b. is the Village willing to compensate Town taxpayers in this district for increased school costs caused by high density housing? 2. What consideration has been given to police pro- tection problems arising from jurisdictional problems? 3. As regards fire protection, the East West District is currently contracting with the Village. Removal of the block in question (McCann property) will result in higher rates in the remaining cOntract area. Has any means of adjusting this additional load been presented? 4. The law states that property annexed must bear the liabilities ahd bOnded indebtedness of their portion of property in proper proportion (McKinneys 708-1). Has this been W0~ke~ out? 5. How does it happen that County Planning has no say in this. p~ope~ty being less than 500 feet from County Road 27? Annexation Impact Statement - 2 January 8, 1973 Determination is supposed to focus on annexing Municipality and detriments to remaining government units (McKinney 712-2). It would seem that water to serve the high density housing allowed by the Village and therefore anticipated under annexation could only come from outside Village limits and much more important it can only come at the sacrifice of some other area in the Town. There is simply not enough water to go around and annexation of this property will allow four times the population density now allowed in all the Town except tha~ very small area served by the Greenport Sewer System STATE OF NEW YORK: COUNTY 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 22nd day of December 1972 ., he 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:-Notice of Hearing on petition of East End Associates for the annexation to the Village of Greenport of certain territory adjoining said Viliage.-Hear[ng- January 12, 1973-8:00 P.M. Town Clerk Bulletin Board, Town 'Clerk OffiCe Main Roadi, Southold L.I.,N.Y. Sworn to before me this 22nd day of December 19 72 'Albert W. ~[chmond, Town Clerk being duly Sworn. of the SUFFOLK Greenport, in said nnnexed is ~ printed ',ffolk Weekly Times ............ weeks I~R~_NCE TOWNSEND iLIC OF NEW YORK ,0.52-9366350 ~ :~res March 30, ~9~ ' ,,. ~JFFOLK. ] ;V YORK, ~ss: .C.: .I)..o?.~, .n .............. being duly Sworn, is Printer and Publisher of ~he SUFFOLK ;, a newspaper published at Greenport, in said the notice, of which the annexed is ~ printed ~ublished in the s~id Suffolk Week]~ Times for ........ .o.n.e ................. weeks 'lmencing on the .... ff, o.v..~.t?~.~.t.h. ........... :me this . .~.~. .... ! ........ JOSEPH L. TOW~S£ND, JR. ........ N~)'T~ARY 'F"U'BM~,'S'tat~'~f'N~ Y~dk ........ No. 52-9366335 .......... 'O'u'~ ~ f1~d' ih'~Jtf~7 ~'~5' ..... ~ ...... Comn~ission Expires M~rch 30, 19 .~..~ Notice .of Hearing on : Petition to annex : territory To the : Village of Greenport, : New York NOTICE- OF HEARING NOTICE IS HEREBY G~VEN, pursuant to ]Section General .~ipal Law that for the {~it{on'to t~e Villi~e~( of Greenport nf certain territory ~djoi~ng ~id Vfll~e :has b~en recei~e~~ by(ihe To~n Board the Town}of Sou~hold, bein~ th~ ~ow~ in ~hich the said territor~ proposes fo~nnexation ~ loca~: ed and is d~cri~d ~ follows: AL~ that certain plot~ pieee or ~r~el of land, situate, lying and being ~t or ~a~ l~e of .Gr~n~rt, So~thold. 8u~olk County and Sta~e of New ~k, more par- ticul~ry de~g~ibe~ ~ ~E~I~IN~ at the-coi'ner f6rmed, by COUNTY OF SUFFOLK } STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once eoch week for ...... .~,~..~/.t.. weeks on the .............. Zd./:. ............... successively, commencing 1 Sworn tO before me this ........ ~..~.J~.. ..... day of ....... .... 'J F/)EL~ PAYN~ Public, State of ~w Res~dF~g Jn S~ffolk County No. 52.3041000 ssion EzpJres ~v~arch 30, S~O/'N 'S0 !8 eic Dpuede( O00'Og£ Notice of Hearing on Petition~ Annex territory to the Village of Greenport, New York. STATE OF NEW YORK) COUNTY OF SUFFOLK) SSo: BABETTE C. CONROY, being duly sworn, deposes and says that she is Secretary to the Town Attorney of the Town of Southold~ is over 18 years of age and resides at 230 Vincent Street, Orient, New York, That on the 14th day of December, 1972, deponent served the within Notice of Hearing upon the persons named below at the addresses set forth opposite their names by depositing the same enclosed in a postpaid properly addressed wrapper in the official post office at Greenport, New York. East End Associates Pelletreau & Pelletreau 20 Church Street Patchogue, New York 11772 Frederick W. Gardiner]~ Clerk Union Free School District No. 10 Front Street Greenport, New York 11944 Babette C. Conroy~/ Sworn to before me this 14th day of December, 1972. NOTARY PUbLiC. Si~!~ ~ r~w Ycr~ Notice of Hearing on l~etition : : to antiex territory to the : Village r>F C, zccn[ )rt, New York. : NOTICE IS HEREBY GIVEN, pursuant to Section 704 of the General tVIunicinal Law that a petition Of East End Associates, for ~}ie anne×at[on to the Village of Greenport of certain territory ad ioinin~' said Vill;u:![c 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 and is described as fO]~] OWS: Al,[~that certain plot~ piece or parcel oF lun(t, ~ittlate, Southold~ Suffolk County and State of New York~ luor'c ~art. - cularly described as follows: BEGINNING at the corner formed by the intersection of the southerly side of North Road with the easterly side of Moores Lane; running thence North 66 degrees 0!1 n~inutes 10 seconds East along said southerly side of North ~)6. 6~ feet; running thence North 59 deg.~rees.. 02 ~n[nute~ ]0 seconds Easi along said southerly side of North }{oud 9~5. 10 feei; running thence North 71 degrees 28 minutes 20 seconds Eas~ still along said southerly side of North Road 312,64 feet to land now or for~_erty of Henry Fleet and Clarence }Yleet~ now or form_erty known as "Fleetfietd": running thence South 1~ degrees 01 minutes 50 seconds ~ast ~long said last n~cntioned land and along land now or for~nerly of Constant ]3ooth and heirs of Silas ~ebb 1450. ll fee[ to ]and n~w or rorn~er'ly (~1' Village of Greenport; rtlnnln~ thonce Sotl~h 5S ([og'i'e(~s I;~ 00 seconds West alon~ last men~ioned land 71~. 04 feet; thence South 74 de~rees 45 minutes 00 seconds West still said !as~ men~ioned land 570.00 feet to the easterly side of 1Vloores Lane; runnin~ thence North 17 de~mees 15 minutes 00 seconds West along said easterly side of ~oores Lane 1523o22 fee~ to ~he corner, the point om place of beginning~ That a joint hearing will be held on such petition by the uf(~resa[d Tovzn Board of the Town of Southold and the Board of Trustees of the Village of Greenport at Greenport Village Hall~ 236 Third Street, Greenpor% New York, on the 12th day of January~ 1973, at 8:00 o'clock l-). M. on said day. That the members of the aforesaid governing boards of the ri'own Southotd and the Village of Greenport will mee~ au the tithe and place above specified and will hear any objections which may be presented aR'attest petition for annexau~on upon any of the following' (a) That a person signing the petition is not qualified therefor, fb~ That the persons signing such petition do no~ constitute twonty ~ereentum of the persons residing within snch territory qualified ~;o vote for town officers, or (c) That the persons signing such petition do no~ represen~ the owners of a majority in value of the property within such territory assessed upon the las~ preceding town assessmen~ roll, or (d) That the petition does not otherwise substa~t~a[[y co~y 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 ts or ]s nol in ~.he over-all interest (1) of the territory proposed to be annexed, or (2) of the government or governments to which ~he territory is proposed to be am~exed, or (3) of the remaining area of the local government or governments in which such territory is situaled, or (4) of any school district~ fire d~st~ict or other district corporation, public benefit corporation, fire [~rotect[o~ fire alarm district or town or county improven~ent district:, s[(~uated wholly or partly in the ~erri~ory proposed ~o be annexed. Objections, based upon any of the grounds set forth i~ paragraphs a, b, c, or d above, shall be submitted in writing. Dated: December 14, 1972 BY ORDER OF THE SOUT]I()[~[) BOARD COMMISSION Seth A. Hubbard Chairman Lee E. KoppMm~n DLreator of Plann':~g Suffolk County Department of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Htghway Hauppauge, L. I., N. Y. 724-2500 November 20, 1972 Honorable Albert M. Martocchia Superwsor, Town of Southold Main Road Southold, New York 11971 Re: Proposed Village of Greenport Annexation Dear Supervisor Martocchia: I view with a great deal of alarm the above propos.ition since it represents a potential increase in the population density of eastern Southold. The Comprehensive Regional Plan, prepared by my office and formally adopted by the Suffolk County Legislature and the Suffolk County Planning Commission, bases the projected population for Suffolk~u~y-on~he con- straint of available potable water supply. This ~s particularly relevant and crucial to the eastern forks due to their surficial geography and fragile hy- drological pattern. As you know I worked in cooperation with the Town of Southold in the preparation of its Comprehensive Plan and insisted, at that time, that a water element be included in the Scope of Services. All data and studies clearly indicate that a proper zoning for Southold would be one based on one-acre zoning. I, of course, realize that existing situa- tions must be accepted, however, I find no excuse for expanding the already heavy density of the Village of Greenport. Very truly yours, Director of Planning LEK:cb eric. L ' % Dro Lee Eo Koppelrnan Executive Director, Nassau-Suffolk Regional Planning Board, 1965 to present ~xecutive Director, Marine Resources Council, 1965 ro present Director of Planning, Suffolk County Planning Departnn_ent, 1960 to present Dr. Koppelman received his undergraduate degree from City College of New York, School of ]~ngineering. He received his Master of Science in Planning from Pratt Institute, ©raduate School of Architecture, and his Doctorate of Public Adminis- tration from New York University, 'Graduate School of Public Administration. Dr. Koppelman is a Registered Landscape Architect in the State of New York, and a licensed Professional Planner in the State of New Jersey. From 1950 to 1960 he was engaged in private consulting practice in site planning and landscape arch- itecture. In 1960 he joined the staff of the Suffolk County Plan- ning Commission. Dr. I<oppelman is also an Adjunct Professor in the Department '~f-tS0iitical -~ci~nc~'~'aj-{vell-[~S I~f~[~nrnent Plann{'ng~a[it{~ St~-~ University of New York at Stony Brook. Dr. Koppelrnan is the author of forty-six articles, monographs, and reports on various planning subjects. Books DeChiara and Koppelman, Urban Design Standards, INew York, New York, Rheinhotd Publishing Gorp. , Spring 1988) 300 pages. DeChiara and Koppelman, Housin~ Planning ~Criteria, (Fort Lee, New Jersey, Prentiss Hall Publishing Gorp., Spring 1973). Koppelman, Gross, Weyl, Long Island Sound -- An Inland Sea, (Spring 1973~. 11/21/72 ~ovember ~ ~ 1972 Robert W~ Tasker, Esq~ 425 Main Street Greenport~ New York 11944 In relation to the annexation proceedings of the Village of Greenport and more particularly the letter Marc~ 27~ 1972~ and the report of th~ same date~ t should like to add supportive details. Page ene of letter~ i. Clay subsoil can be substantiated by nearness to former brick yards and also County soil maps available at Suffolk County Soil and Water Conser- vation Di~trict~ 127 East Main Street~ Riverhead~ N.Y. 2. Suffolk County requires 40,000 square feet per d~lling ~xc~pt 20~000 with both water and sewer. The Greenport Zoning Ordinance allows four ~esidences per acre with both water and sewer and we are informed by the County Planning Commission that County req~ire- ment~ do not override existing zoning in incorporat~ villages~ 3. This office was informed tP~ough a telephone call to the District office of New York state Enviro~mentat Conservation that the Greenport sewage treatment plant was in violation of the State Code at that time. 4. ~n~ 5. are self evident. As i outlined verbally at the hearing there is a tremendous tide in this Robert Nove~ber 8~ 1972 area of Long Imland Sound and the Village owns much a relatively short strip of b~ach that tide action would not allow much of the effluent to come in from an outfall nearly 1000 feet out from the beach. In regard to the report of this Board the Pirnie study mpeaks of 35~00O resident population~ this being double the 1~000 at the time the report was written~ It also eatim~ates the average consumption per family at 160 gallons per day. at the replenish- ment of ground water may be am little as 7~000 million gallons annually in dry years. Page 46 points out that the greatest danges lies in sustained heavy pumping which has and will draw up salt water from underneath or laterally from creeks or bay. This page also points out that irrigation pumpage because of its occasional nature is not so dangerous and could probably be doubled in most years~ ~his report further states that the most serious salt intrusion has been that of the Greenport Municipal Wells. It also refers to the clay belt. I believe M~. Terry has a copy of this report and I have an extra one if you n~ed it~ also the Pirnie report. The Pirnie report in Section VI cites the dangers of salt water intrusion and again estimates a safe yield of 6~000 million gallons normally and 3~00 million gallons or 10 million gallons per day in an ~xtremely dry year. (~age 53 an~ 54 indicate that total withdrawals during the study period were about 7 million gallons per day~ of which 5.5 ~ere for irrigation) Page 54 also states that at that time there was an available surplus of 3 million gallons per day which~ould supply a total of 35,000 permanent residents and about 45~000 seasonal residents. ~age 54a: ~The water resources of Southot~ are limited to an amount which ~oes not greatly exceed present use. It is essential that Southold must employ every available means for protecting this limited ground water supply.~ In conclusion let me say that I would be glad to appear in Court if you think I could help. I will~ ho~ever~ be out of ~o~n until November ti. Sincerely~ JW=tle John Wickham~ Chairman Southold Town Planning Board RB GII~TALD C, $t~ITI-I, TASKF, 11 ANI) ~INKELSTEIi~ ATTO]kl~E¥S ANI) COIIBI$I~LORS ~T hW November 2, 1972 I-Ion. Albert W. Richmond Southold Town Clerk Southold, New York 11971 Re: Petition of East End Associates Dear Albert: Enclosed is the original second petition of East End Associations for annexation to the Village of Greenport which was served on you on October 30, 1972. I would suggest that you present this petition to the Town Board at its next meeting. Yours ye r~/y, ~ ~ RWT :MY Enclosure PETITION FOR THE ANNEXATION TO THE VILLAGE OF GREENPORT OF TERRITORY ADJOINING SAID VILLAGE, IN THE TOWN OF SOUTH©LD, SUFFOLK COUNTY, NEW YORK. FOR P~SENTATION 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 of the State of New York, as amended, the petitioner herein, East End Associates, petitions 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 petition; and the petitioner states therefor as follows: 1. The Village of Greenport is and for over twenty- five years last past, has been an incorporated village in the Town of Southold, County of Suffolk, State of New York. 2. Petitioner petitions to have annexed to said village, territory in the Town of Southold, Suffolk County, New York, which territory adjoins said village; said territory, which petitioner petitions to have annexed, is described as follows: ALL that certain plot~ piece or parcel of land, situate, 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moore's Lane; running thence North 66© 09' 10" East along said southerly side of North Road, 96.61 feet; running thence North 69© 02' 10" East still along said southerly side of North Road, 985.10 feet; running thence North 71© 28' 20'~ East still along said southerly side of North Road 312.64 feet to land now or formerly of Henry Fleet and Clarence Fleet now or formerly known as "Fleetfield"; running thence South 16© 01' 50" East along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Greenport; running thence South 58° 15' 00" West along said last mentioned land 714.04 feet~ running thence South 74° 45' 00~" West still along said last mentioned land 670.00 feet to the easterly side of Moores Lane; running thence North 17° 15' 00" West along said easterly side of Moores Lane 1523.22 feet to the corner, the point or place of beglnn!ngo 3o The petitioner herein is the owner of all of the territory described in paragraph "2" of this petition as evidenced by the copy of deed annexed hereto as ~'Exhibit A" and petitioner is thereby the owner of all of the assessed valuation of the property in said territory. 4. Attached hereto marked ~'Exhibit BI' is a survey of said territory described in paragraph '~2~' of this petition adjoining said Village of Greenport, which terri- tory is herein sought to be annexed to said Village. IN WITNESS WHEREOF the said petitioner has duly ex- ecuted this petition this 3rd day of October, 1972. EA~ND ASSOCIATES STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SSA : RICHARD A. SCHOENFELD being duly sworn deposes and says that he is over the age of twenty-one years and resides at 108 Shore Road, Patchogue, New York. That deponent knows the person who executed the above petition as being a co-partner of the petitioner and that he so executed same in my presence as the duly authorized act of and with the express written authority of all of the partners of 'ares. Sworn to before me this 3rd day of October, 1972 In the Matter of the Petition to Annex Territory ~o the Village of Greenport. CERTIFICATE OF ASSESSOR~ WENDELL B. TABOR being duly sworn deposes and says that he resides in Orient, Town of Southold, Suffolk County, New York, and is the Chairman of the Board of Assessors of the Town of Southold, Suffolk County, New York. That deponent hereby certifies that East End Associ- ates, the petitioner herein, is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as such territory is assessed upon the last preceding assessment roll of the Town of Southold, and in fact is the owner of all of the assessed valuation in said territory described as follows: ALL that certain plot, piece or parcel of land, situate, 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moore's Lane; running thence North 66° 09' 10" East along said southerly side of North Road, 96.61 feet~ running thence North 69° 027 10" East still along said southerly side of North Road, 985.10 feet; running thence North 71° 28' 20~' East still along said southerly side of North Road 312.64 feet to land now or formerly of Henry Fleet and Clarence Fleet now or formerly known as ~'Fleetfield"; running thence South 16° 01' 50"~ East still along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Green- port; running thence South 58° 15' 00~' West along said last mentioned land 714.04 feet~ running thence South 74° 45' 007, West still along said last mentioned land 670.00 feet to the easterly side of Moore's Lane; running thence North 17° 15' 00" West along said easterly side of Moore's Lane 1523o22 feet to the corner, the point or place of beginning, Wendell Tabor Sworn to before me this ~--''day of October, 1972 TERR] lEE ELAK PUBLIC, State of Now York No, 52-6158295 Qualified iD Suffolk County CDmmiss]or~ ,Expires March 30~ 19 ~ STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS: CHAUNCEY R. HIILSE, being duly sworn, deposes and says that he is over the age of twenty-one years and resides at 810 corwin Street, Greenport, Town of Southold, Suffolk County, New York. That I have read the foregoing Petition and am familiar with the contents of same. That the petitioner therein is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as described therein. Sworn to before me this ~ day of October, 1972. ~TARY PUBL!C, Sf~ate of New ~t:~' ~2' 52-0000~00 Suffolk Eer~ ~pires March 30, STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS: JULIA D. AANESTAi~, being duly sworn, deposes and says that she is over the age of twenty-one years and resides at 516 Fifth Streetv Greenport, Town of Southold, Suffolk County, New York. That I have read the foregoing Petition and am familiar with the contents of same. That the petitioner therein is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as described therein. Sworn to before me this '~/v~ day of Octo'berv 1972. N0.~ Pubiic, Sf~]e of New No. 52-2848050 ~u~ff~ed in Suffolk County '~ . 30, ~.~ Excites March STATE OF NEW YORK ) ) COUlqTY OF SUFFOLK ) SS: R. B. HUDSON, being duly sworn, deposes and says that he is over the age of twenty-one years and resides at 4 Middleton Road, Greenport, Town of Southold, Suffolk County, New York. That I have read the foregoing Petition and am familiar with the contents of same. That the petitioner therein is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as described therein. Sworn to before me this J~ day of October, 1972 JULIA D. AANESTAD ~/OTARY PUBLIC, State ct New Yor;{ NO. 52-0000100 Suffolk County ,~[erm ,~xpires ~arch 30, ~.9.,~ ,,..~ a ~ maoe me 2nd day of 0 ~ne , nlnet~n nunared and seventy' E~T EN~ ASSOC~TES, a copaxtnexship having its principal pl~ce of b=siness c/o Pelie~reg~ & Pei~u, Zsqs., 20 Church St~.ee~, Pa~ehogue, Ne~ Yo~k" party of the second part~ VgI~iESSET*~, that the party of the f, rst par~, ~ consideration oftEN A.ND .NO/lO0 {~0.00) ........ dollars, [nd other good and valuable consideration lawful :money.of the L~nited States, paid by ~e party' of ~e second pa~, does hereb7 ~.~nt and release unto Cae pa.-~/of ~e second pa~, the heirs or successors and assigns of ~e part,/of the second part forever, ALL that certain plot, piece or parce/of rand, ,~x~.~~~~ea~%, situate, i tymgandbemg~A~g at on. near the Village .o~- Greenpor~, Town of llCounty of Snffolk and S~ate of New ¥o~k¢ more pa=tic~la=iy desc=ibed }as zoiiows: BEGIi~YG at the co=ncr fo=med by ~he intersection of ~he southerly side o~ North Road ~-~ = w~. ~he ~asterly side of Moores Lane; RUNNiNG TFLENCE North 66 degrees 09 minutes !0 seconds East along said southerly side of North Road~. 96.o.~ feet,' iRUNNING Ti~NCE North 69 degrees 02 minutes !0~seconds East still ~I ~ ~' side of North Road~ 985.±0. feet~ [~azong said so~=nerly ~N~zNG TF~NC~ North 7% degrees 28 minutes 20 seconds East still ~ along said southerly side of North Roaa~ 312.64 feet to land now ~or formerly o~ Henry Fleet and C!arenC~ Fleet~ now or formerly ~ known as ~NN~G T~NCE South 16 degrees ~ mi~utes 5~0 seconds East ~aiong said lasg mentioned land and along land now or zorme~zy ~of Consgant~Booth and the ' '~ = ~ - " nerds :o~ S~s Webb 1450.11 Zee~ tO ._ ~land now or formerly of-the :Vz~zag~ of G. eenpo_,~. ' -: ~[RUNND[G THENCE South 58-degrees i5 minutes 00 seconds West ?along' s'aid last mentioned land 714.04 fee¢; !RUN~RG T~NCE South.74 ,~egrees .~ =_n~tes 00 seconds West still ~along said last mentioned land.670.00 fmet to the easterly side ~R~fG T~CE ~orth ! degrees i5 minutes 00 seconds West along ~said easte=ly s~e of Moores-Lane i52S.22 feet to the corner, she o= plaoe of Se.ginning, - ........ :.' SU~ to~uc~, a state of :~ as an accurate survey sh:!l-disclose. SUBJECT-to covenants~ easements and rescrictionk of record P~esan¢ly ~ ~=~ ~nese pzemises~-if any. .~'"-': ' :~ ~ mortgage recorded in ~he Office of t~e Clerk of the County SU~C~ ~o a of Suffolk in =~be~..4239 mp 265 in ~he sum of S40~250.00 with interes~ accrued thereon from 14 April 1970. SUBJECT to a purchase money ~econc mortgage in the sum of $80,550.00 executed and intended to be recorded simultaneously herewith: given' ~o secure payment of parg of the consideration for ghis conveyance. THIS conveyance is made in the-normal course of the conduct of the b~siness of the par~y of ~he first part and with thelapproval of all above desczibed prmmlse$ ~o ~e ce='cer lines wire ~.e appu~ezances &nd ~ ~e ~tate ~d r:~ of ~e pa~ o~ g~e ~rst ~ in ~d to &ND ~e party of *dne ~irst pa~: covenants tlnae tSe par~y of the ~rst pa~ has not done or suffered whereby ~e said premises have been ~mbered in tony way whatever, ~cep'c as aforesaid. &ND ~e party of ~e first ~, N compliance wi~ Section 13 of ~ae Lien ~w, covenants ~a~ ~e pant ~e nrsc pan ~ll receive ~e consideration ~or tins conveyance and w~ hold fl:e right to receive su~ consid- eration as a trast fund to be applied ~rst for ~e pu~ose of paying ~.e cos~ of ~e improv~ent and will apz~iy ~Se same irst to ~.e paym~t of ~e cost of the improvement before using ~y para of ~%e totM of dqe amine for ~y o~er pu~os~ The word "pa~y' shah be construed ~ if it r~d "par~ies" whenever ~he s~se of ~nis indanmre so req~res. JO14.AY PltOP~.~ ~_~S ~ OnCe' ' - day of persoaally came i9 ~ before n~e zo me ~mown zo be the individual described in and who ex~uted the foregoir~g instra~ment, and ad~o'W!edged thai executed '~he sm-ne. to rne .~ov~ to be the individua~ described in and who executed the foregoing ' ~ ~d ~YA?~ o~ Ngw voax, ¢o=~rf o~ NASSAU SS: On ~e 2nd day of l~l~ June 1970 , before personally came PEi~%Y ~ ~ DE ~ i0 ~o me Icnown, who, bring by me d~y swo~, did depose and sayt~at be resides a~ No. 380 Hicksville Road~ Beth~age. New York ~at ne ~s ~e President ...... z~-~ = , ~e co~oration described i= and whieh execn~ed the foregoing inszrumen~; that Inows the seJ oft said corpo~ti~; ~at ~e seal a~ed ~o s~d inserume~t~=is such co~e seat; {ha~ {~ v~s so a~ed by order of{the b?ard ~f di~ecto{s of Non, ~d tha~ he since hiSname ~hOeeo byolixe order. ~'~. S0-81473S5 ~IT~ ~OVEN,~NT ~GAiNST ~RANTO~'S Distributed by On the day of 19 , before me personally came ~ce subscribing witness to the foregoing instrument, with whopn t am personally acquaknted, who, being by me duly sworn, did depose and say that he resides at No. ; that he lmows ~o be ~e individual described in ~¢= 'Mno executed the foregoing ;nstr-ament; that he, said suoscnb~ng vamess, was p.r~s~r ~nd saw ~ecute ~e same; and that he, ~id 5~mess, ~at the ~me ~e subs~bed h n~me as M~ess ~ereto. SECTION ~koc~ LOT COUNTY O~ TOVgN r<ecorded a~ ~eque~t of CHICAGO TITLE tN'SURANCE CO~fPANY SMITH, T~$K~ AND FINKELSTEIAI ATTORNEYS2%~XTD COI/i~/SELOR$ 42~U~L~IN STREET July 5, 1972 Hon. Albert W. Richmond Southold Town Clerk Southold, New York 11971 Re: Petition of East End Associates for Annexation Dear Albert: Relative to the above matter I enclose herewith the original order executed by the members of the Town Board dated July 5, 1972. This order should be filed in your office. Also enclosed herewith is the resolution which was adopted prior to the execution of the above mentioned order which should be entered in your minutes of the meeting of July 5, 1972. Also enclosed herewith is my affidavit of mailing of notice of the hearing on this matter to the petitioner and the Union Free School District No. 10. This affidavit should likewise be filed in your office in this matter. Yours very truly, ROBERT W. TASKER RW T: MY Enclosure s July 5, 1972 Hon. Albert W. Richmond SOuthold Town Clerk Southold, New York 11971 Re: Petition of East End Associates for Annexation Dear Albert: I hand you herewith a certified copy of the order signed by the members of the Town Board on July 5, 1972 relative to the petition of East End Associates for annexation to the Village of Greenport. I also hand you herewith a copy of the petition of East End Associates; copy of the notice of hearing with respect to said matter; and copy of the minutes of said hearing. All of the enclosed documents must be filed by you with the Village Clerk of the Village of Greenport. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York held on the 5th day of July, 1972. PRESENT: Albert 1VI. Adartocchia, Supervisor James II. Rich, Jr., Councilman James F. Homan, Councilman Louis 1Vi. Demarest, Town Justice Martin Surer, Town Justice Members of the Town Board In the Matter : of the : : Petition of East End Associates for Annexation : of Territory to the Village of Greenport. : ORDER There having been presented to this town board a petition of East End Associates 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 llth 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 5th day of July, 1972 duly determined thai it was not in the over-all public interest to consent to the annexation of the territory described in said petition; Now, on motion of Councilman Rich seconded by Councilman Homan it is ORDERED thai this town board does hereby determine that it is not in the over-all public interest to approve the proposed annexation of the territory described in the said petition of East End Associates 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 dn the hearing, 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 th~-County of Suffolk. Supervisor "k - CoSncilman ~Y Councllman -2- CERTIFICATE I. ALBERT W. RICHMOND, Town Clerk of the Town of Southold, in the Counly of Suffolk, State of New York, HEREBY CERTIFY that the fore- going annexed Order of the Town Board of said Town rzfa~,;on the 5ih day of July, 1972, 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 true, 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 5th day of July, 1972. '~ Albert V~. Ric~nOnd, ~wn Clerk (S A L) At a Meeting of the Town Board of the Town of Southold, Suffolk County, New York held on the 5th day of July, 1972. PRE SE NT: Albert M. Martocchia, Supervisor James H. Rich, Jr., Councilman James F. Homan, Councilman Louis 1VI_. Demarest, Town Justice Martin Surer, Town Justice Members of the Town Board In the Matter : of the : : Petition of East End Associates for Annexation : of Territory to the Village of Greenport. : : RESOLUTION AND DETERMINATION The following resolution was offered by J___u_~tine Demarest seconded by Justice Surer WHEREAS, East End Associates has 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 with the Board of Trustees of the Village of Greenport on the llth 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, 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 l~4unicipal Law and with respect to the effect of such proposed annexation on the over-all public interest, to wit: I. That the said petition substantially complies in form with the provisions of Article 17 of the General Municipal Law. II. That the proposed annexation is not in the over-all public interest (1) of the territory proposed to be annexed or (2) of the Village of Greenport 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-West Fire Protection District, both of which districts are situated partly in the territory proposed to be annexed for the following reasons, to wit: (a) As indicated on the map annexed to said petition the area of the territory sought to be annexed comprises 48. 7186 acres of vacant land. The land on the south and west of the territory in question is within the incorporated Village of ©reenport and owned by the Village of Greenport and is uninhabited land utilized for park and watershed purposes by the Village. The land to the east a~d north (across Middle Road, County Route 27) is outside the incorporated limits of the Village of Greenport and is used, occupied and zoned for one family dwelling purposes. The territory sought to be annexed and the land lying to the north and east thereof is within the "A" Residential and Agricultural District under the Town of Southo!d Building Zone Ordinance which provides for minimum size lots of 40, 000 square feet if both public water and public sewer are not provided and 20, 000 square feet if public sewer and public water is provided. Public water is available to the territory in question but public sewers are not. The zoning ordinance of the Village of Greenport adopted in October, 1971 provides that areas annexed to the Village shall be in the R-1 zoning district which requires a minimum lot size of 10, 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 zoning requirements of the Village of Greenport would permit four times the number of dwellings to be built than is allowed by the Town's zoning ordinance. The Southold -2- Town Planning Board has recommended that the proposed annexation be denied since the development of the territory with four times the number of dwellings permitted by the Town zoning ordinance would seriously endanger the limited fresh water resources of the Town and would conflict with the master plans of both the Town of Southold and Suffolk County. The Superintendent of Utilities of the Village at the hearing on this matter conceded that the supply of water in the Town is limited. (b) The petitioner's attorney indicated at the hearing on this matter that the primary reason for requesting annexation was to avail themselves of the public sewer system of the Village of Greenport. The Village sewer system is a primary treatment system with a maximum capacity of 500, 000 gallons per day. The partially treated effluent is discharged into the waters of Long Island Sound within the Town of Southold. At the hearing, the Village Superintendent of Utilities stated that such system is presently in violation of law. The Village of Greenport is presently engaged in litigation with respect to its sewer system (Semahs Properties, Inc. v. Board of Trustees of the Village of Greenport, Suffolk County , Index 71-13687). Exhibits and affidavits submitted by the Village in the proceeding indicate thai the Village's sewer system is presently operating at 85% of its capacity (425, 000 gallon~g per day); that the projected anticipated increase in the load within the present limits of the Village would bring the da~i~ volume of the plant up to 535, 000 gallons per day. This Board believes that the proposed annexation would possibly result in the discharge of additional amounts of inadequately treated sewage into the waters of Long Island Sound and thereby endanger the health of the inhabitants of the Town of Southold. This board further believes that if the territory in question were not annexed to the Village thai if petitioner were to develop the property with lois of 20,000 square feet in size, thai the developer, at his own expense, would have to construct a sewer system in conformance with present health standards, and therefor eliminate any threat of pollution of the waters surrounding the Town of Southold. (c) This board is mindful of the fact that the Village of Greenport is desirous of increasing its tax base. The territory in question is presently assessed on the Town tax rolls at $14, 000, and if annexed would increase the Village tax base by less than one-half of one percent. This board is of the opinion that the detriment to the Town would far outweigh any benefit thai the Village would achieve by such a miniscule 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 East End Associates. The foregoing resolution was duly put to a vote which resulted as follows: Supervisor Martocchia voting Yes Councilman Rich voting Yes Councilman Homan voting Yes Justice Demarest voting Yes Justice Surer voting Yes The resolution was declared unanimously adopted. CERTIFICATE I, ALBERT W. RICH1VI_OND, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, I-IEREBY CERTIFY that the fore- going annexed Resolution and Determination of the Town Board of said Town adopted on the 5th day of July, 1972, has been compared by me with the original Resolution as officially recorded in my office in the Minute Book of said Town Board, and is a true, complete and correct copy thereof and of the whole of said original Resolution. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 5th day of July, 1972. Albert W. Richr~ond, Town C~_erk (S PUBLIC HEARING BEFORE THE GOVERNING BOARDS OF THE TO%~ OF SOUTHOLD AND THE VILLAGE OF GREENPORT Village Hall 236 Third Street Greenportv New York April 13~ 1972 Thursday Evening 8:00 P. M. PUBLIC HEA~ING BEFORE THE GOVERNING BOARDS OF THE TOWN OF SOUTHOLD A~D THE VILLAGE OF GREENPORT~ held at the Village Hall, 236 Third Street~ Greenport~ New York~ on Thursday Evening, April t3~ 1972, at 8:00 P. M. APPEARANCES: SOUTHOLD TO~N BOARD - TOWNSHIP OF SOUTHOLD ~VhR. ALBERT MARTOCCHIA- Supervisor JAMES RICH JAMES HOMA~N LOUIS DEMAREST MARTIN SUTER ROBERT W. TASKER Councilman Councilman Town Justice Town Justice Town Attorney BO~D OF TRUST~ES ~ VILLAGE OF GREENPORT HON. GEORGE W. HUBBARD, JR. - Mayor MR. SAM KATZ - Trustee MR. DAVID Es WALKER - Trustee MRS. MARJORIE TUTHILL - Trustee MR. WILLIAM LIEBLEIN - Trustee MR. GEORGE STANKEVICH - Town Attorney MRS. MABEL HA~IS - Villiage Clerk ALSO PRESENT: MR. JOHN WICKHAM- Chairman Southold Town Planning Board ATTORNEY FOR PETITIONERS: LEFFERTS PAINE EDSON~ Esq. Main Road $outhold~ New York 11971 By: RUDOLPH Ho BRUER~ Esq. Of Counsel And also about 60 people present at the hearings MR. LIEBLEIN: Since it is eight o~clock~ we will start the meeting. I am acting as Mayor Hubbard's voice this evening since his throat is a little sore. I will ask Trustee Walker to read the notice for the hearing as published in the Suffolk Times~ the Village~s official news- paper. MR. WALKER: Notice of Hearing on Petition to Annex Territory to the Village of Greenport, New York. Notice is hereby given~ pursuant to Section 704 of the General Municipal Law that a petition by Arthur Wolpert~ Wilhelm V~ Krumholz~ Joseph DeShrage~ A. Bernstein and Liilian S. Pell~ 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 and the Board of Trustees of the Village of Greenport being the town in which the said territory proposed for annexation is located and is described ss follows: All that certain piot~ piece 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 corner of land of Pauii: 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~ and (2) South 41 degrees 48 minutes 50 seconds East 1068.17 feet~ and (3) South 66 degrees 53 minutes i0 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 I0 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 Plsyhouse~ 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: and (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 ~ursing Home, three courses as follows: (I) South 53 degrees 49 minutes 00 seconds East 400 feet~ and (2) North 36 degrees il 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 Road North 36 degrees !1 minutes 00 seconds East 50 feet to the point and place of beginning. On April 13~ 1972 at 8 o~clock p.m. on that day at the Village Hall for the Village of Greenport, located at 236 Third Street, Greenport, New York~ a joint hearing will be held by the aforesaid Town Board and the Board of Trustees of the Village of Greenport upon said petition. The members of the aforesaid governing boards of the Town of $outhotd and 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 to%~ assessment roll~ or~ (d) that the petition does not otherwise substantially comply in form or content with the provisions of Section 703 of the General Municipal Law of the State of New York~ 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 town Ur county improvement district~ situated 'wholly or partly'in the territory proposed to be annexed. Objections~ based upon sub- paragraphs am b~ c or d~ above~ must be in writing. Dated: February 22~ 1972~ Hon. George W. Hubbard, Jr., Mayor~ Village of Greenport. ~R~ LIEBLEIN: Viilage~ That covers the The Supervisor has given me an affidavit of the same notice for the same hearing as published in the Traveler for the same date and the s~e place. I now declare the hearing open. I think this evening the first thing we will do is read any letters that have been sent to either board before we hear people from the floor. Do you want to read one first or alternate back and forth? MR. MARTOCCHIA: We have a letter here from Gladys Csajko~ apparently from the North Fork Taxpayers Association~ if I am correct. The same letter was read the other night. If you want a repeat~ or just submit it to the steno. MR. LIEBLEIN: Should we read it? MR. TASKER: If you read one, you should read them all. MR. LIEBLEIN: There may be people here tonight that weren't here the other night. MR. MARTOCCHIA: This is a 12. letter we had the other night. The first paragraph indicates ~ast End Associates~ That is not the hearing tonight. This really doesn't fit this particular hearing. MR. HOMAN: This is a letter from the Southold Town Planning Board dated March 27~ 1972. Southold Tom Board~ 16 South Street~ Greenport~ New York 11944. Gentlemen: The Planning Board is very concerned about the attempt of Greenport Village to annex Town property. We feel that the Town Board should actively oppose this annexation and we respectfully suggest that the following points are pertinent: t. The irregular boundaries of the proposed annexation indicates an effort to capture high valuation property without regard to an orderly enlargement of the Corporate limits° Interestingly, much of this land has clay subsoi!~ 2. The water available for future growth of the entire eastern end of the North Fork is strictly limited and the proposed, annexation will allow at least twice the population density in the area under discussion. It must be clearly understood that this can only be at the expense of total water resources available and since the Village currently draws from an area from East Marion to ~outhoid any such high density growth would necessitate reduced growth in the Town. 3. This annexation presupposes more sewage through the Greenport treatment plant~ This plant is in violation of the State Code right now. It is unthinkable that more sewage should be put through this partial treatment process. 4. Partially treated sewage does not materially affect properties of the 14. Village since they control such a short strip of Sound Beach. It seriously en~ dangers the many miles of Sound Beach under the jurisdiction of the Town~ 5. In view of the environmental ds~gers in Soils~ Water and Sewage, we believe that the Town Board should demand that the Village present an Environmental Impact Study. Very sincerely~ John Wickham~ Chairman~ $outhold Town Planning Board. Enclosure: Brief outline of statement the Planning Board would like to present at the hearing. Copies to: Suffolk County Planning Department, attention of Lee E. Koppelman~ Suffolk County Board of Health~ Suffolk County Environmental Control: and the District Office~ New York State Environmental Conservation. 15. $outho!d To~ Planning Board~ $outhold~ Long Island, New York 11971~ dated March 27, 1972: The proposed annexation of properties west of the Village of Greenport is most strenuously objected to by the ~outhold Town Planning Board. The Southold To~ Planning Board officially objects to this proposition because we feel the following factors are definitely not in the public interest° Southotd Town has a unique situation with relationship to its fresh water supply. The Malcolm Purnie study done in conjunction with the Town Development Plan states the quantity of water available to this area. will support approximately 35~000 people~ To insure that both Village and Town goals are in accord~ $outhold Town is currently zoning residential density at one dwelling per acre~ The Village is presently zoning 16. at four dwellings per acre. The addition of these 75 acres would concentrate 300 families instead of 75 families under Town zoning for residential~ This means addi- tional water consumption of 48~000 gallons daily compared to 12.000 gallons daily. This concentration is not in the best overall interest of the Village of Greenport or the Town of Southold. This~ factor is emphasized by the fact that~the Village of Greenport does not presently have enough,underground water within its limits to support its population. It presently uses water from East Marion and $outhold~ which are outside Village limits. The addition of the p~oposed annexation acreage will compound this problem four-fold. Today the Village of Greenport operates a sewage treatment plant that is presently overloaded. It is in Violation of the State Code. The result of this over~ 17. loading spills semi-treated sewage into Long Island Sound. As the facility is already ma!functioning it doesn't seem possible that the addition of 300 more potential families can do anything but compound this problem by the excess. Presently the effluent from this outlet is adversely affecting shoreline properties and waterways. These properties are part of Southold To~. The proposed annexation is completely opposite to the Southold Town Planning Board's concepts of good planning. The problems created by one quarter acre density~ besides water~ are a strong case for its defeat. Suffolk County Planning recommends a minimum of one half acre with both water and sewage. This property has neither The $outhold Development Plan~calls for orderly and controlled development. The development of this property under the present 18. zoning would require setting aside 300 acres to counteract the density. We of the To~ Planning Board feel there are definitely better areas and locations within the Town for this development. This type of density does not fit into either Town nor County development plans. It is contrary to the professional planner's idea of reasonable and effective development of our area. We of the Southoid Town Planning Board do not feel that the lure of Village annexation to property holders is of any long range benefit to themselves or the community. The idea of increasing sale- ability and price of property should not be done to the detriment of the people. Actual Impact: The primary criteria for annexation of property is that the parties involved should derive benefit that is in the overall public interest. The proposed annexation of 78 acres on Chapel Lane and a total of 78 acres on County Route 27 is not in the best public interest. The outline presented does not hold a clear block-like pattern of contigious property annexation. It is more similar to the gerrymandering of a political district. The Village~ in proposing annex- ation to the West~ leaves hundreds of acres to the east and contigious to present Village boundaries out. Why wasn,t thought given to those persons and properties that the Village is ~o/~ around? Is this in the public interest? W-hat then is the reason? How much research was given to the impact to be felt by the t~payers in school district 10 when those proposed properties are annexed? Is the Village willing to compensate the Town's taxpayers for this additional burden? How much consideration was given to 19. 20. the problems that will arise from law enforcement when there may be a dispute over what jurisdiction a Town policeman would have in going through Village en- forcement territory to get an area under Town protection? This may also cause complications for Village enforcement officers when the reverse is true. ~o researched the Town and County planning boards and comraissions to ask questions on any plans that may have been forthcoming? How well does this piecemeal annexation fit into the big picture? ?~hat possible justification can the Village have for taking property zoned for one acre residential and down-zoning it, to 1/~ acre industrial? This is done in direct opposition to the iow density need to preserve our water (Malcolm Purnie). It is done by the Village that must already go to the Town to supply water for its population. Is this 21. in the best public interest for all parties? We feel very strongly that this proposed annexation is completely against the public interest. It is possibly in violation of the ~unicipal Law. When the two governing bodies involved in annexation can't reach agree ment~ the decision is made by the courts. If agreement is not reached this is an avenue open to both Town and Village. The hearing board shall listen to any testimony on annexation~ This does not have to be in writing as stated in the paper. The remaining territory must be reContracted for public services and the remainder of the Township forced to take the burden of the apportioned Town in- debtedness falling to the proposed annexation. In the East-West Fire District 22. the Town and Village have a contractual agreement for fire protection. The Village supplies p~otection to this area. Removal of this property will cause a new contract to be negotiated~ leaving a higher tax- rate for individual taxpayers in fire protection district because of the cost being spread among the remaining property holders. Annexation should not be considered until this protection for property oWners in this district have been worked out. The law states that property annexed must bear the liabilities ~and bonded indebt- edness of their portion of property in , relationship to the To~ liabilities and bonded indebtedness. Such debts will fail on the Village that is annexing the property~ one the amount is agreed to by both Tow~ and Village. This indebtedness will include bonds and capital notes and other capital improvements with a maturity of more than 23. three years. Both boards must give an Order officially consenting to annexation. Determination on annexation is for overall public interest focused on annexing municipality and detriments to remaining government units. Proposed municipal annexation is not in the overall public interest where benefit desired was expansion room for municipality upon which area carved out would, and annexted area would be adversely affected. This in essence seems what the Village of Greenport is trying to do~ SPEAKER: May we know who wrote that? Planning Board. MR. MARTOCCHIA: The SouthOld MR. LIEBLEIN: I will let the Village of Greenport read now. 24~ MR. KATZ: The following letter is from the Village of Greenport, William J. Mills~ Acting Chairman, April !3~ 1972~ to the Board of Trustees, Village of Greenport~ Greenport, New York. Dear Board Members: The Greenport Village Planning Board has favored for many years annexation of fringe areas to the Village of Greenport. The Planning Board would like the Village Board of Trustees to act favorably on the three petitions which are being> considered by the Village, namely: (I) East End Associates~ (2} Wolpert and Others~ (3) Semahs Properties~ Inc. We feel it is in the best interest of an orderly development of our beautiful comrauni ty. Very truly yours~ William J. Mills, Acting Chairman. 125o MR. WALKER: And a letter from the Board of Education, Public Schools. Board of Trustees~ Village of Greenport~ Village Ha!l~ Greenport~ New York, dated ~ril 4~ 1972. Dear Board Members: The Board of Education of the Greenport Public Schools wishes to go on record as not opposing the annexation to the Village of the properties described in the Notices of Hearings by the Southold Town Board dated February 22~ 1972. It was the unanimous feeling of the members.~ however~ that the Village Board follow the Town Planning Board's recommendation for one-half acre plots in future subdivisions. It is requested that this sentiment be conveyed at the hearings to be held on April l!th and 13th since the school cannot be represented due to previous commitments. 26~ Very truly yours, Board of Education~ F. W. Gardiner~ District Clerk!. MRS~ TUTHILL: A letter dated April 12~ 1972~ to the Honorable George Hubbard~ Mayor~ Village Board of Trustees~ Greenport~ Mew York. Gentlemen: With reference to the proposed annexation of properties outside the current Village boundaries~ I have a few questions on my behalf and they are probably in the minds of many Village taxpayers. Most of which you may have in your feasibility studies and should be spelled out for better public relations. What is the immediate gain of assessed valuation to the Village? And the effect on the tax rate. What is the potential maximum gain of assessed valuation within the next five 27~ years? And the effect on the tax rate. W~at is the immediate cost to the Village taxpayer, legal, et cetera? What is the potential cost to the taxpayer within the next five years with reference to additional services~ police~ highway~ sewers~ water~ general accounting~ et cetera? Are the areas within our franchised electric district in order to expand? What amount of revenue will be lost from the East-West Fire District? ~ho will bear the costs of potential road building~ water mains~ sewer lines? Will the increased area with its potential necessitate the expansion of our sewer plant and what would be the projected costs? In short~ is this a good long-term package, a short-term relief~ immediate survival, or the benefit of applicants at 28. our expense? Yours truly~ George A. Simpson. MR. LIEBLEIN: Any other letters? (No response.) MR~ LIEBLEIN: Anyone speaking this evening~ we request prior to speaking that you state your name so that the stenographer can get it~ First we will hear anyone wishing to speak for. MR. BRUER: My name is Rudolph Bruer. Gentlemen, Supervisor~ Mayor Hubbard and Southold Town Board~ Village Trustees: My name is Rudolph Bruer. I am with the law firm of Lefferts Paine Edson~ and we represent Dr. Wolpert and his associates over here: Dr. Bernstein, Dr. DeShrage~ and Mr. and Mrs. Petl, in connection with their application for the annexation of this 29. property at the West end of the Village of Greenport to Greenport. Now~ first of all~ the basic question is why do we want to become annexed? Very frankly~ to take advantages. To take advantage of the utilities that the Village of Greenport will offer to us. Basically~ the water and the sewers. Now~ very important in connection with this hearing is the public interest of both the Town of $outhold and the Incorporated Village of Greenport, and we feel that, of course~ we will benefit by any annexation. It will increase the potential use that is available to this property. It also~ we feels will increase to the benefit of the Villag~ of Greenport. One: it will increase its tax base without Southo!d losing taxes from it. We feel that with proper development this tax 30. base can increase both for the Town and for the Village. Now~ the property~ if everybody is familiar with it, lies just west of Greenport. It is in the most natural path, we feel, of the development of the Village of Greenport. We feel if Greenport is going to develop~ that this is one of the potential ways and natural ways in which it will grow. Now~ I feel~ having heard from Mr. Monsell, I think that the utilities offered by the Village~ including the sewer and water~ are adequate to support this property and other properties in the future. We do not feel that~this property or the use of this property when it becomes annexed to Greenport, and if it does~ will endanger appreciably the water supply of $outhold NOW, an examination of a map of the 31. surrounding area of Greenport will show where the Town has in recent, in a recent period of time granted possible multiple dwelling zoning to surrounding area nearby which presupposes additionai population and growth. Also~ if I am not'mistaken, I read an article in the Suffolk Times today where the Southold Town Planning Board is looking with approval upon the change of zone of~ I think, a commerciai and agricultural piece of property to multiple dwelling, also increasing the density of the so-called area from which the water supply is supposedly being drawn from. We feel that it is definitely within the interest of the Village of Greenport and of the Town of $outho!d because Greenport is in the Town of $outhold. ~at is good for Greenport will be good for the Town. With respect to zoning here~ Greenport 32. has very recently enacted, we feei~ a good zoning ordinance. It is a new zoning ordinance and an on-sight inspection with respect to the buildings and anything that will be put up. Now~ I think the Village has planned in advance for annexation. They are aware of any problems and t think the zoning would be able to control whatever would come in. On behalf of the doctors and Mr. and Mrs. Pell~ we would respectfully request that both the Town and Village accept our petition and go along with the annexation for the good and benefit of both the Village and the Town. I will be glad to answer any questions that I can. ~ Thank you. MR. LIEBLEIN: Anyone else wish to speak for? MR~ WETMORE: ~ly name is George Wetmore. The 26 acres to the west of the Village is a rather unique parcel of land. I spoke with Mr. Salomon not too long ago over at the nursing home and he informed me that test borings in his area showed a strata of 58 foot in depth of solid clay. Now~ under those circumstances~ there is not much -- I don't think you can put one house on the 26 acres without creating a health hazard, so consequently, as far as annexation goes~ it would be a definite improvement for the property~ removing any possible health hazard from any development of the land by allowing the owners of the land to connect to the Greenport sewer system. This is naturally the primary reason for applying for annexation. In the mean- time, the Village stands to gain by tax 34. revenues from any assessed valuation of any buildings erected on the land. It is unfortunate~ myself~ I feel it is unfortunate thst the owners of this land were forced to go to the Village,~but the Town themselves have not provided any sewage treatment faci!ities~ so what can you do when you want to develop a piece of land but to go to where the connection is. TaX-wise~ land developed in a town will gain in revenues even though the rate won't be as high. They are getting $166.00 a year now. If it is developed the way I believe it will be devetoped~ which will be no detriment to the schools~ will not burden the schools whatsoever, if it is developed that ways the Town should stand to gain approximately $10~000.00 annual tax revenue. The Village residents themselves will lower their own taxes possibly by getting this in. The Village has a lot to gain by getting the property in. ~ne owners are willing and favorable to coming into the Village so that they can get the sanitary facilities to develop the land. There have been many things that have been said by the Planning Board of the Town.and the'Planning Board of the Village. This is kind of iike~ I feel~ when I was younger, I had something and the other fellow says~ ~'I need it.~ A~d the other fellow says, "Try and get it." Well~ I think we have seen or will see tonight~ as an indication from the - letters~ a lot of skeletons coming out of the mlosets, a lot of fears being aroused up in the taxpayers in the area. They are justified fears. But remember~ the Village has a Planning Board an~ they have site plan approval. They won't hurt themselves or 35. 36. hurt you. Thank you~ gentlemen. MR. LIEBLEIN: Anyone else? PASTOR COLEMAN: I am Pastor William Coleman of St. Peters Lutheran Church of Greenport~ Where do you get the figure of $10.000.00 of additional income to the Village? F~R. WETMORE: To the Town. I had a rough estimate if it was developed to its highest use. PASTOR COLEMAN: Four . building lots per acre? MR. WETMORE: Building !ots~ I don~t know, because it depends on what they sell for on a building iot basis. I think I didn't have building lots too much in mind. PASTOR COLEMAN: What do you have in mind? MR~ WETMORE: I can't divulge it at this time. PASTOR COLEMAN: t think you better because you made a statement. ~LR~ LIEBLEIN: George~ if you don~t have an answer for him, it is a stated fact. Anyone else wish to speak for? SPEAKER: Can you speak after the others? MR. LIEBLEIN: There will be for, against~ and rebuttals~ and counter~ rebuttals~ until everybody is satisfied. MR. MARTOCCHiA: Run out of gas ~ MR. MAZZAFERO: My name is Gene Mazzafero~ Oak Strest~ Greenport. Members of both boardst ladies, and gentlemen: I am in a unique position~ I believe. For all my life~ living in the area~ I have been one of those residents of $outhold Town 38. enjoying the fruits and labors of the Village of Greenport. By this, I mean in the position that I have lived all of my life and presently being a resident of the Town~ I have always had the enjoyment of a sewer from the Village of Greenport and also of the water. There aren't too many unique in that situation~ but I happen to be one of them. In growing up here through the span of my life~ I see two choices. The Village of Greenport is limited in its capacity to grown without a broad tax base and without a bigger area~ whereas, Southold Town.has a much wider land area and, I don~t know~ but I would assume very near in the future anyway~ if not at present, a larger tax base to draw from. This area in question is already supported by the high school in the local area. 39. Some of the arguments presented by the Planning Board of Southold I don,t think would hold up. In regards to the water which is being supplied, what the Southoid Town Planning Board is saying in essence is since the water is timited~ we will stop all growth that the Village is now supplying with water~ even in the Southo!d area. If ! am not mistaken~ comments made two nights ago by Mr. Monsell was that presently the water supply to outside users of the Village of Greenport was greater than the consumption of those who live in the Village of Greenport. With that in mind~ I think I will close by saying if you use that valid argu- ment~ if it is valid~ they seem to think it is~ it is like saying to the eight million residents of New York City to move out because your water supply is coming from upstate New York. Thank you. MR. LIEBLEtN: Anyone else wish to speak for? (Bo response.) MR. LIEBLEI~: If there is no one else who wishes to speak for~ anyone wishing to speak against the annexation? (No response.) MR. LIEBLEIN: Anyone who wishes to speak in rebuttal? MR. PELL: My name is Rodman Pel!. I have always respected Arthur and the late John Wickham for his valid and far- seeing future, but John, somebody made you a scapegoat on this thing that we had read to us tonight. 'You made several statements about water and the rest of the Town~ which Gene Mazzafero just told you about. The sewer, we are only using,~ I think Mr. Monseil will bear me out~ 60 percent of our capacity in the sewer. Am I right~ jim? MR. MO~SELL: About that. MR. PELL: We are still able to use 40 percent more to put it to capacity. Now~ you made mention that the water that goes out from the pipes in that jetty, it clogs the beach. It is polluted. Con- servation law of the State of New York says you should not dump any refuser ashes~ oils~ polluted water~ or anything into water in the marine district of the State of New York. That coulch~:thappen,. They have been tested.n~t to~ long ago~ and the water going out there,, if you want me to~ I will go up tomorrow morning with you~ John# with a cup and drink it That's how pure it is. You are talking about the water. Is it all right for the Town, you 'and the 42. Planning Board to give all these people on the outside of the To~n water? You said we only have a limited ~moxn~t~of water. This won't take too much water. Twenty-seven acres of the four doctors and our garage~ We have the water now~ and the water that would go on this 45 acres up here in the corner of the North Road and Moores Lane with all of the rest of the To~ and the develop- ments you are putting in for the Village of Greenport to supply those places with water. You don't want us to develop this in the Incorporated Village~ but it is all right for the Town to lay out areas where they can build more houses~ use the water that We supply here~ A few people ~nat we have in the Village of Greenport~ a little over 2~000. Is it all right? You say we shouldn'~t build up here on the 27 acres of the doctor and we shouldn"t build up on the 45 acres up on Moores Lane and North Road. But every week I read in the paper where you are issuing permits for building houses. It is all right for the Town ,to build houses~ but it isn't all right for us to annex this property and then have it in the Village and for us to build houses. But it is all right for the Town. We are part of the Town. You are talking about the water going up in the $ound~ It always takes one to call John. If you want me to~ I will go with you tomorrow in da~ztig~t~ a good day~ and go all through Pipes Cove. Houses in the Township that has pipes going out from them houses~ they ca~t get rid of the ~ater. There are septic tanks and cesspools. They have been there for years. ~at has happened? Pipes Cove is closed up. They can't take clams there anymore on account of those pipes that is going out there~ 43. 44. I was up there all last summer with the Conservation Department taking samples of water. We want to annex our garage~ Perhaps we are selfish. We have a sale for it. We have our binder. We have our first payment on the contract. But I will tell you what we want; the man will buy our place. What he will do~ he wants to buy the tand.= maintain the garage and run it~ do all the things which are necessary for people to have a place to take their cars to in this area~ other than just the Village of Greenport~ and to build a car wash to~ the north of the garage° Our property is 330 feet~ less an inch or two~ on the front and on the back~ and it has a depth of~ t think~ 499 and ii and a half inches. Just under 500 feet. He wants to put a car wash up there. It is not a little dinky car wash~ this is a 45. nice building similar to the one we have there now, only it will be narrower. A place where you can pull in. If you want gas~ you can gas. There will be attendants there that will vacuum the car out~ clean all the windows. Then you drive around in the building with a great big steam hose~ ~nere they steam out underneath the car and get rid of your salt and sand and calcium chloride that you put there~ and it goes through the different washes and it is waxed, The people on the outside~ when it gets there~ to dry it off and polish it off~ and you drive away. That is very needful in this area. We have a lot of people on welfare in Greenport. There are about 20 jobs~ between the garage~ the car wash, and the different things, I think that that is something worthwhile for Greenport to have. But you can't do it without the sewer because we have so much water to get rid of. If the To~ would say it is all right~ I could do this or this man could do this perhaps~ like the people down in the clay banks are doing~ running the pipe over board. We could run that water out. There is a drain ditch~ right along to the west of the Village property~ along that cement road and it drops down and goes out into the bay. We could run it there~ but we would be arrested because we're putting water in the bay. But the people that have pipes underneath the ground, and going out in the water~ some go out for 200 feet~ some are 100 foot~ some ~re less or a little more. I see no reason why the Town should be so selfish~ thinking that they are doing Greenport a big favor by not annexing it~ i think it is just politics. I will call it right to your face. I won,t say it behind your back. 47. And I think it is something that we elected the people on this Board, the people of the Village of Greenport elected the people over on that Board~ and we are the people. We are taxpayers. We pay everyone's salary with our taxes both in the Village and the Town. The tax rate in the Town~ I believe~ without the Town~ the Town tax only~ is it $2.55~ Albert? MR. MAP. TOCCHIA: $2.66. MR~ PELL: The Village of Greenport tax in January this is~ when we pay our taxes on the outskirts without the corporation, it is $2.66. Within the corpo- ration it is $1.117 MR. WALKER: I don't know. MR. PELL: I think $I.11. We have to pay another tax in June. It comes maybe a few pennies one way or the other, We still have to pay as much tax as the Town of Southold because we are supplying here in the 48. Village of Greenport bathing beaches~ different things. All the people from Orient Point, from Laurel to Orient Point~ they all accumulate in Greenport and shop. They also~ the city people come in. Other people come in. It is a shopping area. We have to have more police to take care of ~t. It isn't our local people that we ~re taking care of in the Village of GreenDort, but the people from the outside. We have a problem. in the last few years -- I have a ~ list. I won't read it to you. I will~ if you want me to. There has been over 30 houses~ businesses that have gone down. To name a few~ like the Booth House~ the weindank Hotel~ big places~ big pieces of property, but they ara not residential pieces and they have been built up and our tax rate is hurting on that. We are getting land tax, instead of l~nd and houses. Then we are being hurt. Somebody up the street will have a $5~D00.0~ vet~rau~s exemption~ which he is entitled to~ but so much money has to be raised in the Incorporated Villager so John gets $5~000.00 taken off~ I get $5~000.00 put on me~ maybe half of it or part of it. Is this something we need? A broader tax base here in Greenport. This is the only way we will be able to do it~ is to annex some property. I think I have covered most every- thing~ placing up where we will be, we will be neat and clean. We can only build that which the Planning Board and the zoning tells us we can build. Thank you. MR. LIEBLEIN: James Monsello MR. MONSELL: My name is James Monsell~ Superintendent of Public Utitities~ Village of Greenport. I have to go on rebuttal on the Town 50. Planning Board's letter, the sa~e tonight as I did on Tuesday night. I hold the Town Planning Board in very high regard and Mr. Wickham and I have worked for many years for the best interests of the people of the Town of Southold and the Greenport But the Town Planning Board has some items in their letter which we can shoot holes in without a doubt. Number one~ they say irregular boundari es. T~_h.~ ~ ! ,~ ~t ~ ~,~ ~ s~,~!~.~.~ they granted us 250 acres of our o~ land to bring into the Incorporated Village2of Greenport~ land that we o~ed ~d we set aside for water shed ~nd Dark pu~gs~, wild life ~d nature trails, This did ~ irregular boundary. At that time the To~ Planning Board suggested we ~y to square ~at off ~d in the intervening time we have made no effort until people approached us to come into the Incorporated Village of ~reenport. ~umber two~ we are all concerned about the water available in Southold Town~ both the Village and the Town. The Malcolm Purnie Report was a very important report. It came out in 1967~ The Village of Greenport has participated in over 19 engineering studies since 1920. We have spent many thousands of dollars. The Village Board has not been adverse to getting the best and most competent engineers to study-the water supply so Greenport and the surrounding areas could have a good quality of water there. We are now monitoring 11 wells between the center of East Marion and the western part of Southotd every week. We take the salinity of each Of our wells which we pump to the public water supply so we know whether the water t~bte is dropping in this 52. area or the salinity of the well is increasing, $o we are not going to abuse the public water supply. They made reference to the Malcolm Purnie study. I will continue the reference because they did not bring out certain figures of the Malcolm Purnie study. The water used or the water available in $outhotd Town~. according to this report~ is 12 millio~ ga!to~s a day, That's what~s in storage, and 10 million gallons avaii~{e when the Town is ultimately in~t. In 1956~ and listen to these fig~res,.the Greenport Water system used 600~000 gallons a day. Private permanent homes in $outhold Town used 700~000 gallons a day. Private summer homes used 200~000 gallons a day. Irrigation used five million 500~000 gallons a day. $o the public water supply is not the biggest abuser of the underground water presently. Irrigation 53. will increase and probably the water supply will increase. We are probably the only water supply in Southotd Town that can meet the A.W.A. standards. We have an agreement with the Town of Southold that we will serve, all customers that apply to us within a reach of mains. think we have lived up to all our obligations on public water supply. We have provided engineering studies~ we have not abused it~ we are on the top side of it~ ~d we don't intend to ~use it. Now~ they make a statement that there will be more sewage if this l~d ~s ~nexed. That is true. violation of the State Code 54. Our plant was built in 1940. The Village of Greenport purchased three public sewage companies in Greenport and put in a municipal system and it went into operation in 1940. It is a primary treatment plant and has won two State Awards since it has been in operation. Every plant is in violation of the new Pure Water Code. If you shut down:all your sewer plants and all your power plants,~ you have a mess in the State of New York. We have gone along with all of the criteria of the Pure Waters Act. We have hired engineers and spent over $19~000.00 on engineering studies to upgrade our plant~ and we will build a new sewer plant~ a secondary sewer ptant~ when the State and ~ Federal people have the language of the law ironed out~ and we hope that will be June~ because I checked that out today. Further than that~ we have spent money to try a third stage on our sewer plant to return the water, which now amounts to about 300~000 gallons a day~ to the ground water table so that we are that far advanced to looking some day ahead to returning that water to the public water supp!y~ or at least protecting the under- ground storage that is there now. They made the statement that we ~e presently polluting Sound Beach. Well~ in March of 1971 we sent a letter to the Department of Environmental Conservation in Ronkonkoma~ addressed to Mr. David Wallace, and question number one: Is it standard procedure to place a one-half mile limit around all outfall pipes? Because they had done that. And they claim that the State of New York Shellfish Sanitation Program~ funct!onlng as an integral part of the National ShellfiSh Sanitation Program~ is 55~ 56. responsible for all aspects of our State's shellfish industry and it is standard pro- cedure within both programs to close all areas to the taking of shellfish lying within a one-half mile radius of the point of discharge of any sewage treatment plant. This practice is followed irregardlesm of plant operating characteristics andt in many cases~ this practice is carried out only to insure against inadvertent plant failures~ Further, it mays: personnel of this Dvision have Conducted limited water quality studies in the vicinity of the Greenport Sewage Treatment Plant discharge to the waters of Long Island Sound. A review of these data indicates very low bacteriological counts in the vicinity of the discharge. However, the closure must still remain in lieu of the policy stated above. I will place that in the record if they want it into the record. Item number five ~ They continue on item ~umber four that the plant is presently overloaded. It is not presently overloaded. It is a 500,000 gallon a day pt and it ispresentiy putting about 325~000 gallons a day through the processing~ pro- cessing it on primary treatment~ pre- chlorinating~ post-chiorinating~ and the effluent going into Long Island Sound. Our statements in the paper were due to our planning because we have checked with the Eastern Long Island Hospital. I understand they will put a 40 bed wing up. We have to set that much sewage aside for the future. This will be in the near future. Within i0 years there will be a second 40 bed wing at the Eastern Long Island Hospital. We have applications in for certain 57. 58. motels 8-nd hotels in the area. We have to set certain sewage aside. ~hen we set certain sewer plants aside~ we tell people ~( in the outlying areas who are not part of ~ the Village that they can't have our sewer ~ unless' they come into the Village. Item number five~ the Village presently, environmental impact studies~ we have made every engineering study that we have ever done available to the Town. Thank you. MR. LIEBLEIN: Any more rebuttal~ first comments or second comments? PASTOR COLEMAN: Since our corporation owns three and a half acres adjacent to the land that is to be annexed~ at our Parish COuncil Meeting on Monday night we talked about this. I am not here~ really~ to oppose annexation or to be in favor of it. i would like to raise some questions. 59. First of all~ the statements that Mro Pell made were sweeping generalizations that I think really have to be backed up with some facts. First of all, I don~t really know if we need another car wash or that that is an absolute necessity for this community. Also the need for an increase of the tax base° I hoped that what Mrs~ Tuthill was doing here in Town in terms of rehabilitation would also help to increase the tax base with the rehabilitation of homes in the community and raise the assessed value. Our concern is that the B-1 zoning that is now in effect within the Town as to the property along the main road be continued$ and secondly~ that the R-1 zoning that is in effect for the 27 acres owned by the doctors behind us be continued. ~hen I asked Mr. Wetmore why he 60. thought there would be an increased revenue of $10~000.00~ I had noticed that one of his real estate signs does appear on that 27 acres up on North Road~ so perhaps he knows something that I don,t know. We have probably one of the most~ sizable investments in that particular plot in terms of the existing building. Much to our chagrin, the movie theater is a living~ slum. Much to my chagrin~ when Mr. Price told me that they sold it to~ I thinks'United Artists because they felt they were competing with the theater in Town, and from what I gathered, was kept in much better condition before it was sold to the United Artistso My fear is tha3a ~e~a~ea that the church now sits in mightlbe¢om~ much like many areas of the western part of~the County and to even in Nassau~ where churches now sit surrounded by honky-tonk over-populated land. If you drive on the road~ the North Road, 25-A through Rocky Point~ you will notice that one Lutheran church with tremendous architecture, if you are in favor of modern architecture~ now sits between a delicatessen and whatever is on the other side of it. I don~t know. But it certainty~ it is really lost. We did enter into the area with the drive-in theater being there and with Mr. Petl"s garage there~ We entered with our eyes wide open~ but what we would like to see is the zoning that is in effect right now be continued. I know there are two separate issues at stake. Annexation and all land coming in comes in at R-i and there will be another hearing for the Town zoning of that property. W~at we want to be on record tonight is to say that we are not in favor of the area surrounding the church becoming over- 62. populated or downzoned and devalued because of what is on the property° I only speak for the Parish Council and for myself. I know there are other parishioners here tonight who would like to speak. If they have anything to says they can speak. MR. LIEBLEIN: MR. BUCHEL: of St. Peters. Yes~ sir. I am a parishioner I have a very distinct feeling that you gentlemen who spoke first did a lot of dealing about this matter. They had, very little accurate knowledge of just what was going to happen or what was going on~ or just what the results were going to be. One gentleman who did seem to have facts at his disposal~ if you will recall~ quoted studies that were made in '66 and '67. At the rate of growth in this area= five years means a tremendous difference 63. in the number of people here. Someone did guess at $10~000.00 advantage in tax income. I ~ quite sure i don~t have to tell you gentleman who are in the business of running the Town that $!0~000.00 isn't going to pay the salary of more than one additional teacher. I won't even guess at a quarter acre per plot how many additional children will arrive in this area. I,m very much confused~ as a matter of fact. Mr. Pell seemed to be arguing on both sides. He seemed to feel in a way the influx of summer visitors and others to this area in the summertime~ which would require the additional police and other services~ was not a very good thing. On that basis~ I don~t understand very well how the influx of new residents would be much better. The matter of water accessibility. 64. This is the first time in whatever reading i have done that I heard anybody who was optimistic about the supply of water on Long Island~ the eastern end of Long island. I certainly~ as a parishioner of St. Peters~ would be a little more than aghast to have to pass a rather glorified filling station and car wash and other benefits, shall we say, of an increased Pell station. As it stands now, Mr~ Pelt's garage there has been sedate, it has'caused no great benefit to the church appearance, but it has caused no great detriment either. Thank you. MRo LIEBLEIN: Mrs. Csajko. MRS. CSAJKO: My name is Gladys Csajko. I was here Tuesday night. I made the point for taxpayers that our main objection is taking in any land under the half acre limit. 65. What I would like to talk about~ we have heard a lot of talk about water and sewer, but nothing about taxes just in gen er al. I had sent a letter to the Board covering both the acreage which was dis~ allowed being read that covered tonight. I noticed the other letters were~ letter wasn ~t that great~ anyway. There has been a lot of talk about what $outhotd does and doesn~ t do. Every- body knows they give variances out at the drop of a hat, and permits are pretty easy to get, too. We are not talking about $outhold To~u~ now. We are talking about what the Village of Greenport is attempting to Please understand, as a non-Greenport Villager, I have no right to tell you what to do with your land. I am talking, my objection as a member of a school district 66. and as a representative of the Forth Fork · ~pa~ars Association. One-quarter acre zoning will bring in the type of a development that we can do with'out. You open yourself up to H.U.D. I think they call it 235. I understand they have a limit on a homer of four~ of $24,000.00.~ on a quarter acre. I have used that in my figures. Mr. Buche! mentioned the school.: I did this very quickly~ calcutating~ tonight. If you have roughly 28 acres~ taking out about a third of it for roads and things like that~ it gives you about 18 acres left which you can develop. At quarter acre, you have 72 homes. ~suming you have a $24~000.00 value house on it~ this gives you an additional valuation of $1~728~000.00~ which sounds great. Your actual assessment at one-quarter is $432,000.00~ if my figures are correct. I have been doing it very quickly sitting here. Assuming~ but using again the figures that are avail able~ that per house right now you have 1.7 children, Seventy-two homes~ you come up with 122o4 children. Let's make it 123. I don't see how you can come up with a quarter of a child. We have done a little bit of work on last year~s school budget. We found that thsre was a deficit of what it costs to teach the children, what you got back from State aid~ tuition~ this~ that and the other thing, a taxpayer was picking up $900.00 per child. You multiply $900.00 times 122. ~e are talking ~bout five years from today. It will be worse five years from now. Using today's figure, you have a loss of 109 for- these 72 homes. Assuming that these are $24,000.00 homes, with a $67000.00 assessment value~ again using our figures, we find that we have got $30~766.00 income or a deficit of $78~428.00. For these 72 homes. Now~ I have this all worked out in absolutely accurate figures before e be off a little bit here and there. a little piece of paper. I did it quickly. You come up with a darn near~ a $500.00 deficit with every child you bring in. If you have a half acre, it is that many less children you are bring into the neighborhood. Nobody is against kids. I will repeat what I said last week~ last Tuesday. It seems like last week. You can't let happen out here what happened in Nassau and Queens. I am not from out here. We came out here to get away from its Don~t do it to us. Please don't do it to us. Don't give us another Levittown. At least stick with your half acre. Please don"t take anybody's words for it. I gave you gentleman another paper I might I have 68. 69. tonight. what I am talking about. body's word for anything. you have read it~ you know Don't take any- Put it in writing so no one can ever challenge you later and when you said you can come in~ your zoning was quarter acre. I will take it to court. There practically never has a planning thing gone through the courts and won. They will throw you out~ and these guys will get quarter acre and come in with a thousand shanties and Levittown again. Please~ half acre. I,m asking it for myself and asking it for the taxpayers. Thank you. MR. LIEBLEIN: MRS. TIEDKE: Anyone else? Mrs. Jean Tiedke. What kind of development plans have been presented to you, if ar~lwhen this thing went through, for this 28 acres? MR. LIEBLEIN: No development plans have been presented. 70. MRS. TIEDKE: how they would lay it out? MRo LIEBLEIN: You have nO idea No. But they have to go to the Planning Board for site approval~ I underst~ud. MRS. TIEDKE: This is a very~ very preliminary stage. You don"t know. MR. LIEBLEIN: If we set~up~a separate sewer district, they still have to go to the Town. It is undeveloped land. Someone wants to develop it. Whether they do it ~thin or without~ Yes~ sir? MR. WICK~: My name is~John Wickham, of the Planning Board~ Town of Southold. Gentlemen~ i seem to have been called for. I think there are some things which need to be said~ and said very clearly. . ~ Number one~ the Town of $outhold~ including Greenport~ is the most densely 71. populated of all the eastern towns. It isn"t far behind the To%~ of Brookhaven. We are not talking about a problem that is far away, five or 10 or 15 years away; it is here~ it is now. We are the most densely populated of any of the eastern towns today. Today. We have been. This is why water is so vital to us. ~Fny is water vital? Let's take,it in the simplest terms. Given the population centers we have now~ we will just take Green- port, $outhold~ Matituk. With dense population there is not water enough in all of the Town to support development as half acre zoning. It is not there. This is an absolute figure. So~ it has been said~ why is the Townso concerned? They have plenty of water.~ ~ ~e don't have water enough for.hail~ acre zoning in all of the Town of Southotd. The~efore~.who is going to get left out? This is the prob!em which faces every one 72. of us tonight. There isn,t water enough to develop all our land on half acre zoning~ Who is going to get left out? I submit to you that it will be a very real hardship on the Town of Southold if the Village of Greenport were to be a!!owed~to build on quarter acre zoning and the Town of $outhold forced thereby to go to one-half acre zoning. And ladies and gentlemen~ this is precisely what we are faced with, It is just as simple as that. I have the very highest regard for Jim Monsell. As he said~ we have worked together for years and years. The minute tonight's meeting is over, we will be talking again. We have the same background. I~ too~ am a graduate engineer with at least four years work in water supply. This is not a new problem to me. I also live down in the salt marshes and know what Rod Pell is saying about the problem of disposing of sewers~ so we will 73. take up sewage next. As the lady who just spoke has said all too truty~ we have to look at zoning and conditions as they are tonight. Not what they might be. Not what we hope they will be. Not the half acre z~i~g that the proponents two nights a~3o ~aid they would covenant. We have got to face what we have tonight. Tile. Planning Board of the Town .of Southold has learned this to our sorrow. Tonight we have quarter acre zoning in the Village of Greenport for residential areas. We have half acre zoning in the To~u~ of $outhold, with water ~ud sewe~ so we are talking about at least twice the densityo Mo matter how you slice it tonight~ at the time of this applic~ion for annexa- tion, this is the only way the mustard can be cut. And tonight~ like it or leave it, and I have paid and do pay and will pay my 74. highest regards to the operation of the Municipal Plant here in Greenport, but your sewer plant is in violation tonight and it is tonight that counts. It is not your fault. You have done an outstanding job~ but it is in violation. This cannot be overlooked. Number three~ I don't know how many of you have been out in the Sound off Greenport in a small boat. I happen to have spent a good deal of time out there~ often in December. We have an uncommonly strong tide. Sometimes it runs as fast as eight miles an houri almost unbelievable. This is why the Planning Board's letter states that the danger is not to the few hundred .feet of beach adjacent to or what we call Clark's Beach. The danger might be five miles down the beach or .up the beach~ and the time to take the Caliform (phonetic spelling) count is when the tide is ebbing at perhaps five miles with a strong 75. northwest wind~ five miles to the east~ Ladies and gentlemen~ we face a grave danger of pollution which is why the Town of Southold feels it is seriously exposed. Having said all this~ I will support my friend~ Jim Monsell~ the Village of Greenport has some real problems. It does need a broadened tax base. It should never be at the expense of the Town of Southold. We have worked together for too many years too closely to have anything like this come between us. Thank you~ gentlemen. MR. LIEBLEIN: Anyone else who washes to speak? MR. SUTER: Mr. Chairm~n~ there is some confusion Tuesday night. I was con- fused. I notice some more tonight. in regard to~ again, we are speaking today of what the present status is of the outfa!l pipe into the Sound. I called the 76~ Conservation Department. They sent me the latest notice, which is dated through 12/23- 71~ Henry L. Diamond~ ~C°mmisSioner. This states~ this is all as to shellfish~ to i2/23/71. From the New York State Department of Environmental Conservation~ Environmental Control Unit~ Ronkonkoma~ Long Island, New York 11779. The following shellfish lands in Suffolk County are in such sanitary condition that shellfish thereon shall not be taken for use as food and such land are designated as uncertified areas: Town of $outhold~ Long Island Sound~ All that area lying within a one-half mile radius of the sewer outfall located offshore at Inlet Point and serving the Greenport Sewage Treatment Plant. That,s the official law of the State of New York at this time. 77. There is also attached an official map designating this. With regard to one of the statements Mr. Monsell made~ I don~t question his figures on other things. One~ the Long Range Planning sion~ the hospital, the last figure I saw was 22 beds. The 40 floored me. There has to be a lot of money raised because the 40 floored · MR. MARTOCCHIA: I have a question that may lead to a comment. I am not sure. My question will be addressed -- My name is Albert Martocchia. My ouestion will be addressed to the two attorneys~ the Village and the Town. have heard~ but I am not sure, that in the Village regulations~ ordinances or zoning~ or whatever you have for governing, that any property that is annexed has to be residential. 78. Do the clients know if this is true? Like~ Mr. Pell, for example, his property is zoned about three-quarters of it business. I believe he has the property 500 foot in depth and only 200 of it is zoned business. Does he know the risk he may be running there if my question is correct? DO the doctors know that your land~ the land you are trying for, if again my question is correct~ that you are getting residential property? You may be thinking of a medical center or something like that. There is other steps that would have to-be taken. Do you realize that in your applica- tion? In your thoughts? Between the two attorneys, is there anything to that question? MR. STANKEVICH: I think you are absolutely right. The Greenport Village Zoning Ordinance~ when it was passe~ several~months ago~ was 79. designed to insure that any 1and that comes into the Village comes in at the higher zoning. In this case~ there will be a sub- stantial upzoning~ for instance, on Mr. Pelt,s land. He would have to come to the Village and apply for a change of zone. I am sure that Mr o Pell And the doctors have been advised of this by their competent counsel, a~d they would be faced with a situation that arises continually in Southold Town. People who want to develop land other than under the existing zoning ordinances must come before the Tov~n Board or the Village Board for a change of zone~ at which time most and many of the questions raised tonight are more germane than tonight because here you talk .~f annexation. The change of zone is where y~u really ~et dowu~ to the "nitty-gritty" of devetopme~t~ tY~ of develOpment~ ecological 80. effect of development, et cetera. MR. M~TOCCHIA: Thank you. MR. STANKEVICH: I think one comment might be appropriate in that much has been said about the Greenport Vitlage Sewage Treatment Plant~ et cetera. Yet~ by certain powers to be~ in the Town heretofore it has been suggested that this very same land be developed while remaining in Southold Town and be serviced by a sewer district to be created by the Town in conjunction and in contract with the Village accepting the sewage in the very same sewage plant. M/~. DEMAREST: Say that again. F~.- STANKEVICH: The question has been raised about the adequacy of the sewer plant. That question obviously wasn't raised by certain powers in $outhold Town when they suggested that a sewer district be ~created to accept the sewage from this land~ leave it in Southold Town and ship the sewage into 81. Greenport in the very same existing sewer plant. MR. DEMAREST: When was that done? MR. STANKEVICH: It was done one night when I met with you and several other members of the Town Board over in the Town Hall. I can suggest the names of the people who suggested that~ if you want that in the record. MR, TASKER: My name is Robert Tasker~ I am the Town attorney. Since the Village attorney had his say~ I would like to say a few words with respect to sewer. Mr. Bruer made the remark that his main reason for his clients coming into the Village was sewer. Presumably there is a vast advantage for them to have a sewer system that presumably they are not paying for. Somebody is paying for it. It is going to be in the Village. 82. Now~ he also made the statement that there is no mechanism whereby a sewer system can be created and put into effect outside of the Village of Greenport. That is entirely wrong. As a matter of fact, the Suffolk County Health Department~ the State law now mandates that the developers themselves build their entire system tertiary treatment. That is what is required. If they do it themselves, they pay for it. They are not going to do that. They want to come to the Village. Somebody ~s going to pay for that system. I don~t want to draw any conclusions~ but I think p~rhaps maybe some of the taxpayers in the Village of Green~ port will have to pay some of that cost. In the Town of $outhold~ the developer pays every single bit of it. He puts in a new plant and it meets the highest and existing requirements that exist today. Tertiary treatment: he isn't going to do that. He is going to hook you into a primary treatment 83. system. Tasker. He is not going to pay for it. MR. BRUER: Excuse meT Mr. I don, t recall ever stating that there was no other alternative. But with respect to costs involved~ I think it is my understanding that any connection that is made~ it is the developer who will pay for the pipes through the- devetopment~ hooking up to a nearby existing pipe. Granted~ a developer would not have to~ in this situation, put up a new plant~ but if I am not mistaken you will have to put up some pumping station to maintain this sewer for the people in the nearby parcels. MR. STANKEVICH: I think one comment about Mr. Tasker~'s statement regarding finances is very germane. It is absolutely true that the financing of the Village sewer system has been a problem. It has been an increasing 84. drain on Village resources in terms of planning~ and prior to eight months ago or nine months ago it had been Village policy to sell sewer service outside ~to Southold residents, Southold developers~ at rates which didn't adequately compensate for the investment of ~reenport in sewage plants and in future development. And the Greenport Village Board determined at that time that if the $outhold Town persons developer or otherwise~ wants the benefits of sewage treatment~ he is going to ~'ave to pay the full economic burdens of that. The only way to pay the full economic burdens of it is to pay full taxes. Incorpo- rate your land into the Village of Greenporto So~ obviously~ that is in accord here. W~y do people come forward after 20 years and now say~ look~ we want to annex into the Village. Because they have been told that they are going to have to pay the 85~ full economic burdens of a service which they want. MRS. TIEDKE: I am curious. When the Breckhatt (phonetic spelling) development was being discussed~ Mr. Shad was interested in being annexed and the Village was not interested. Why is this a reverse situation? MR. LIEBLEIN: Mr. Shades property is not contiguous to the Village. It didn't answer the question. MRS. TIEDKE: This is not contiguous. MR. LIEBLEIN: It is. They couldn't possibly ask to be annexed unless they weren't. MRS. TIEDKE: How was the most westernmost boundary of Breckhalt to the nearest Village line? MR. L!EBLEIN: It is across the State Highway and down through, I would guess 86. a mite~ but I don't know. It was not contiguous. It is across the street. Any other questions or rebuttal or comment? Yes. sir. MI{~ WI~SEHAH~: My name is Bob Wiesehahn. I'm a member of the parish in St. Peters~ also. Also~ my wife and I are just new to the area. We are here in the last year from Indiana. One thing that attracted us here is what it had to offer~ not in the way of growth but in the way of beauty and natural kinds of surroundings. On~ thing that struck us right off is the fact that Greenport seems to be driving for growth out of desperation. I don~t think Greenport has to feel desperate for growth because you have a commodity. You have something to offer. It seems like a lot of people are aware of it except the people that live here themseives~ and growth is not 87~ always in terms of business or manufacturing tYPe of facilities or things like this. There are other types of commodities you can offer. I think annexation~ to me, seems like looking around you and forgetting about the ground you stand on. It seems like there are very valuable heartlands right within the Village of Greenport that do need some type of consideration not only from a tax stand- point~ but from a quality standpoint and from a sense of identity. I think you have that to offer. I don~t think you should sell yourself short. mR. LIEBLEIN: For a moment I would like to turn the gavel over to Mayor Hubbard and make a comment. I am Bill Liebiein. In response to your comment~ I grew up in Greenport~ I live down on Broad Street~ and then Strong Creek. I returned to Greenport after spending severai 88. years in the~Navy, initially~ moved into %he old homestead with my Dad. I was very fortunate to find an old home that was reasonably priced right here in the Village~ and purchased it about a year and a half ago. As a result, I was eligible to be elected as a trustee~ and I sit here now. I happen to have a wife who likes old homes~ That is great. Just prior to purchasing this home~ however~ before finding it~ I purchased a lot in Eastern Shores which I still own. I was planning to build up there. Had I not found this home and had decided to build up there~ I would then~ of course, be in the Town of Southold and not in the Village of Greenport and not eligible to participate in the Village government. This is the problem that anyone else like myself faces if they want to return home. They either have to find an old home in Greenport~ 89. how many vacant lots are there in Greenport that you can build on right now, Gene~ Ten, or five? MR. MAZZAFERO: MR. LIEBLEIN: Perhaps 19. Perhaps I can buy a lot in the junkyard if you can get the junk of the junkyard out. I have to pay off the lot and save money to build a house on the lot that I own. If this annexation~ or even one parcel of it~ were to come in and my wife decided she didn't like old homes and wanted a new.home, possibly I could purchase one of these~ whether it is half acre~ quarter acre~ or one acre. There would be lots within the Village limits that I could purchase and put up a new home if I could afford it~ and still participate in the Village government~ if that's what I desired° Anyone in the same situation like my- self~ like Bill Foster here~ he lives in Eastern Shores. He might like to make the 90. Village government. a new house~ so he lives up there. get elected to the Village office. Maybe his wife wanted He can't This is one of the problems. There is no area within the Village where young people that want to put up a new home can put up that new home at the present time. I wilt stop here. That is my comment° I will take the gavel back. MR~ TOWNSEND: My name is Joseph Townsend. I am in the same situation. I bought an old home -- MR. LIEBLEIN~ from me. MR. TOWNSEND: Right. I agree With what you say. Along with what you said about 19 vacant lots~ that is slightly misleading. What Greenport will have to do is tear down some houses eventually. There are a lot Across the street 91. of houses in horrible shape along the area where you used to live that are being neglected. T~ere are a lot more than 19. There can be considerable development within the present incorporated Village. The t9~ it is probably three times that many. Then~ what Mazzafero is talking about~ upping the values in certain areas here. PASTOR COLEMAN: Since you Bo own a lot in Eastern Shores~ why aren't you petitioning to be annexed into the Village of Greenpor t ? MR. LIEBLEIN: It is not contig- uous~ for one thing. PASTOR COLEMAN: If you are very concerned about the additional land and the additional tax base of the Village of Green~ port~ since you are a property owner in Eastern Shores~ you would organize some of the property owners up there to be annexed into the Village. 92. MR. LIEBLEIN: That"s a very good point. PASTOR COLEMAN: already established~ MR. LIEBLEIN: Here it is I bought a home here and got elected~ and didn,t have time to think about annexing Eastern Shores. It is not contiguous. That is one problem. PASTOR COLEF~: You were expressing this desire. You are a very concerned person and concerned for new homes to be incorporated into the Village. Six of one and half a dozen of another. New homes on empty land or homes that are new and already built. MR. MARTOCCHIA: I would like to make some comments. It has been said tonight over and over again about the good working relationship between the Village of Greenport officia!s and the Town officials. 93. Prior to my time of being the Supervisor~ the other Board, working with the Village of Greenport in good faith~ Greenport has been pressed for money in recent years. They asked for permission for 200 odd acres of water shed area to be annexed into the Village so they could save $5~000.00 or $6,000.00 in tax dollars each year. This couldn't come about because it was not contiguous. Mr. Albertson at that time was the Supervisor. I don~t know; very few of this group was on the Board. MR. DEMAREST: I was. MR. MARTOCCHIA: They bent over backwards and dedicated Moores Lane to the Village of Greenport to make that 200 acres contiguous so it could be brought into the Incorporated Village of Greenport, saving a lot of money. Not one year of $5,000.00 or $6,000.00, but each year they were paying to the Town of Southold. Little did they dre~ 94. that creeping paralysis would take place after that because if they thought that~ I donft think Moores Lane would have been dedicated. One example. Two: in the best interest for the Village of Greenport~ in the shopping area there was an application that went to the Town of $outhold for a change of zone of the property that was discussed the other night~ McCann's~ some 48 acres for a shopping center. They could have given that decision favorably for a shopping center~ but the Town officials~ Greenport being part of the Town, they knew they would ruin the business section downtown. They talked them out of it. The application never came for a hearing. It was withdrawn because enough evidence was shown that it didn't have a chance of passing. These are a couple of points I am bringing out that the Town does work with 95~ the Vii!age= tries to protect them~ and likewise~the Village of Greenport has worked on many~ many projects ~nd successful projects in helping the Town also. It is a two-way street. Tonight it seems we are a little bit at odds~ but we really are not. It is an issue that has to be decided and in a fashion like this. A hearing. No one has made a determination yet. ~o one probably knows how I will vote. I don~t know yet. The rest of the Board doesn't. We touched on it lightly. I hope when we leave here tonightv the officials of the Villager Mr. Walker, my friend included~ and the Town officiais~ there will be no hatchets to bury. The decision has to go one way or another, and I hope we will all wind up good friends. MAYOR HUBBARD: I am George Hubbard~ the Mayor of Greenport Viliage~ 96. I just heard how much the Town has really helped our Village.. It seems a few years back~ they closed up a duck farm up in Riverhead. Ail 10 townships were sup- posed to take their share. We got it allo That's a great help. Thank you. MRS. TUTHILL: Mr. Lieblein. MR. LIEBLEIN: Mrs. Tuthill. F~S. TUTHILL: I would like to point out one point that I don't think has been made~ and that is where the Village of Greenport is about a quarter miler there are about 250 acres within the Village reserved for water shed and park purposes. We are more than doing our share to reserve property. Sixty-two percent of the Village is tax exempt for either water shed, park or pubiic~ or semi-public purposes. Seventy percent of the Town's welfare is in the Village of Greenport. 97~ The Town zoning ordinances are geared to protect over 1~000 acres of farmland. We are talking about only sn additional 78 acres. I don't think there is a fair comparison~ but I do think the VilLage has always and will continue to very~ very definitely take on its burdens, and .we are taking on Our burdens and some of the Town~.s~ too. Thank you~ MR. LtEBLEIN: Anyone else? (~o response.) MR. LIEBL~IN: I would like to say that I heard the ~upervisor~s comments about us working together regardless of what happens. That is in the best interest of the whole Town. I am sure that that is what we will do. If there is no one else who wishes to speak~ I will declare the hearing closed. (Hearing concluded approximately 9:45 p. CERTIFICATION: I certify this is a true and correct transcript done to the best of my ability. Reporter 98. April 7, 1972 Board off Trustees, Village o£ Greenport and Southold Town Board Township of Southold Third Street Greenpo~t, New York Gentlemen: Re: Public Hearin~ss on ~pril !! and 13, 1972 Annexation of Lan~ to Vil~ge of Greenoor~ As p~r your notice of public hearing, I would like to file the following statement under provisions of sub-para, graph (e) numbers 3 and 4: Some 78 acres o~~ land are involved in the above- mentioned proposed anne~ation. No one wLll dis- pute the right o£ the Village of Greenport ~o an~ex such I nd smnce an~exation has been re- questsd~'by the lowners. However, I feel that the oeo.ole of the VD~lage of Greenport sho'~ld b~ gmven the right t0~mthorize such annexation and, if one ~is not already being considered, i would like to recommend that the~Village of Greenoort conduct a referendum on the s~me. PriOr to such rel~erendum or annexation, I would like to bring to t~e attentmon of the t~?o Boards conducting this hearing some possible conseque~ces of this annexation. This land in question comprises appro-~imately 78 acres. According to the zoning laws of ~he V~illage of Greenport,· this acreage may be used for ~ acre housing. Since there is already a business aha a nursing home on this acreage, the full .acreage would not be so used. However, after reducing the acreage by approximately 1/3 in order to allow for the current usage and possible £~ture roadways, etc., we are left with at least 5¢ acres which coul~ be developed in ~ acre lots. ~ ~' ~velopment ot~ these lands will not, oi' course, /~O'ccur ~verni~ht. However, some fi~u-~-~es would be ~fazrly consistent. Develooment of 50 acres at ~- acre zoning would bring: l. 200 new' homes (4 homes per acre) 2. 740 additional residents (327 persons per home) 3. 340 addition~a! school children (1o7 child per home ) 4, ~1,200,000 new assessmenzs less current assessed v~lue (~ assessment based on ~24, 000 value per home ) ~he above £igures may seem innocer, t iff not enzicing. However, further study shows that they are~ in re- ality, -quite threatening. Since, as note~, this development would not occur overnight, it is im- possible to project actual costs. However~ iff we rose current cos~,s, we would find that the cost to the zaxpayer i:a the G.reen~ort school district wo~_ld be something like this: Using a student population of a~roximately ~50 children and not deducting tuition fees ~aid by oysterponds, we ffind the cost per pupil ~o the taxpayer after all income is subtracted was ~740-£or the 1970-71 school year, In 1971-72, th~s rose to ~900 per pupil. 2° Using the ~900 base per pupil, 340 new studenzs would cost the district taxpayers ~306~000. 3. Using o~r ~24,000 valuation homes belng taxed at t~e 1971-72 tax rate o£ ~8o05, we £ind these 200 new homes paying ~i individual school tastes o£ $483 each or a tots2 o£ ~96, 600. 4. Simple math shows that this would create a ~209,400 de~'icit which wo~.!d have to be made u? by both the new ~nd old t~axpayers of the district...probably a rise o£ abouz 1/3 in school taxes. ~. 340 new students in the Greenport school system would create a s~ace problem demanding new buildings the cost off which i would nov even hazard a guess. I £eet thaz the zaxpayers~b£ the school district should be informed as to the a~ove possib~_tities. i£ it is feasible, I~believe these zax~ayers saou!d also be allowed to vote on t~_is annexation. ['here are, of course, many other worrisome aspects zo annexing' this land under the current zoning con- ditions. ['here£ore, I respect!'ut!y submit that the Village o!' Greenport should go on record in writing that no development of less than ½ acre per unit total be allowed. I believe that this restriction should be put into a££ect prior to any armexatio~-so that there will be no possibility o£ later legal or other action which may nutti£y the restriction. My reasons for this are that the owners o£ omc section o~ this land have already stated publicly that they might sell to speculators; while the owners o£ the lar- gest tract o£ land are, indeed, speculators. Fur- ther~in£ormation along this line is a~ai!able if desire~ Growth must of course come to the North Pork° However, with the exesaple of Nassau County and western Su££olk be£ore us, the local govermme~ts must take steps now to protect its citizens. It will be too late when the damage is done. Respectfully sundered,/~ as an individu~ and in beh~ off the North Pork Ts~payers Assn., BOARD OF EDUCATION {~REENPORT, L. L, N.Y. 11944 ~ April 4, 1972 New York 11944 Board Members: The BOard of Education of the Greenport [shes t~ go on record as not opposing the an- ' ',neXation to the Village of the properties'described .in the Notices of Rearings by the Southold Town Board ~dated 1972. ~;~ -It was the'-~unamimous feeling of' the members, that the Village Board follow the Town Plannzng ~oard's recommendation for one.half acre pldts in future subdivi-'~:, ''It is requested that this.sentiment be conve, ~gs to be held on April llth and 13th school can not be represented due to previous /mgb Very truly yours, ~%BOARD OF EDUCATION Oardiner · District Clerk Southold Town Planning Board SOUTHF1LD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Mardh 27, 1972 ~outhold Town Board 16.~outh Street Greenport, N. Y. 11944 Ge ntle men: The Planning Board is vez~y concerned about the attempt of Greenport Village to annex Town P¥operty. We feel that the Town Board should actively oppose this annexation and we respectfully suggest that the following points are pertinent: 1. The irregular boundaries of the proposed annexation indicates an effort to capture high valuation property with- out regard te an orderly enlargement of the Corporate limits. Interestingly, much of this land has clay subsoil. 2. The water available for Future growth eFthe entire eastern end of the North Pork is strictly limited and the proposed annexation will allow at least twice the population density in the araa under discussion. It must be clearly understood that this can only be at the expense of total water resources available and since the Village currently draws from an area from East Marion to Southold any such high density growth would necessitate reduced growth in the Town. 3. This annexation presupposes more sewage th_rough the Greenport treatment plant. This plant is i~ violatiou of the ~tate Code right now. It is unthinkable that more sewage should be put through this partial treatment process. 4. Par-tially treated sewage does not materially affect properties ef the Village since they control such a short strip ef B~nd Beach. It seriously endangers the many miles of E~n~ Beach under the jurisdiction of the Town. E~theld Towm Planning Board -2- March 2?, 1972 %. In view of the environmental dangers in ~oils, Water and Sewage, we believe that the Town Beard should demand that the Village present an Environmental Impact Study. Very sincerely, John Wickham, Chairman Southotd Town Planning Board Enclosure: Brief outline ef statement the Planning Beard would like to present at the hearing. Copies to: ~uffolk County Planning Dept., att. Lee E. Koppelman Suffolk County Beard of Health ~uffelk County Environmental Control District Office, N. Y. State Environmental Conservation ~outhold Town Planning Board $outhotd, L. I., N. Y. 11971 March 27, 1972 The proposed annexation of properties west of the Village of Greenport is most-strenuously objected to by the Southold Town Planning Board. The So~thold Town Planning Board officially objects to this proposition because we feel the following factors are definitely not in the public interest. Southold Town has a unique situation with relationship to its fresh water supply. The Malcolm Purnie study done in conjunction with the Town Development Plan states the quantity of water available to this area will support approximately 35,000 people. To insure that both Village and Town goals are in accord; Southold Town is currently zoning residential density at one dwelling per acre. The Village is presently zoning at four dwellings per acre. The addition of these 75 acres would concentrate 300 families instead of 75 familie~ under Town zoning for res-~-~ential. This means a~itional water consumption of 48~000 gallons daily compared to 12~000 gallons daily. This concentration is not in the best overall interest of the Village of Greenport er the Town of Southold. This factor is emphasized by the fact that the Village of Greenport does not presently have enough underground water within its limits to support its population. It presently uses water from East Marion and ~outhold, which are outside Village limits. The addition of the proposed annexation acreage will compound this problem four-fold. Today the Village of Greenport operates a sewage treatment plant that is presently overloaded. It is in violation of the State Code. The result of this overloading spills semi-treated sewage into Long Island Sound. As the facility is already malfunctioning it doesntt seem possible that the addition of 300 more potential families can do anything but compound this problem by the excess. Presently the effluent from this outlet is adversely affecting shoreline properties and waterways. These properties are part of Southold Town. The proposed annexation is completely opposite to the Southold Town Planning Boardts concepts of good planning. The problems created by one quarter acre density, besides water, are m strong case for its defeat. Suffolk County Planning ~outhold Town Planning Beard -2- March 27, 1972 recommends a minimum of one half acre with both water and sewage. This property has neither! The $outhold Development Plan calls for orderly and controlled development. The development of this property under the present zoning would require setting aside 300 acres to counteract the density. We of the Town Planning Board feel there are definitely better areas and locations within the Town for this development. This type of density does not fit into either Town nor County development plans. It is contrary to the professional plannerts idea of reasonable and effective development of our We of the ~outhold Town Planning Board do not feel that the lure of Village annexation to property holders is of any long range benefit to themselves or the community. The idea of increasing saleability and price of property should not be done to the detriment of the people. Actual Impact ]. The primary criteria for annexation of property is that the parties involved should derive benefit tha~ is in the overall public interest. The proposed annexation of acres on Chapel Lane acres on County Route 27 is not in the best public interest. The outline presented does not hold a clear block like pattern cf conniclous property annexation. It is more similar to the gerrymandermng of a political district. The village, in proposing annexation to the %~est, leaves hundreds of acres to the east and contigious to presenn village boundaries out. Why wasn't thought given to those persons and properties that the Qillage is going around. Is this in 5he public interest? What then is the reason? How much research was given to the impact to be felt by the taxpayers in school district 10 when those proposed properties are ~nnexed. Is the village willing to compensate the town's taxpayers for this additional burden. How much consideration was given to the problems that will ar~se from law enforcement when there may be a dispute over what jurisdicslon a ~zown policeman would have in going through village enforcemen~ nerr~nory to get an area under town protection. This may also cause complications for village enforcement officers when the reverse is true. Who researched the town and county planning boards and co~q]issions to ask questions on any plans that may have been forthcoming. How Well does this piece meal annexation fit into the big picture? What possible ]ustification can the village have for takinc property zoned for one acre residential and downzoning it to 1/4 acre industrial. This is done in direct opposition to the low density need no perserve our water. (Malcolm Pirnie) It is done by the village that must already go to the town to supply water for its population. Is this in the best public interest for all parsies. We feel very strongly that this proposed annexation is completely aga~st~the public~ trust. It is possibly in violation of the Municipal Law. (McKinneys) When the two governing bodies involved in annexan~on can't reach agreement, the decision is made by the courts. If agree~enn is not reached this is an avenue open to both town and village. 705. Hearing board shall listen to any testimony on annexasion. This does no5 have to be in writing as stated in the paper. E~3. Remaining territory must be recontracted for public services and remainder of %ownship forced to take burden of the apportioned tDwn indebtedness falling to the proposed annexations. 4. In the East-West Fire District the town and ~illage have a contractual agreement for fire protection. The village supplies pro~ec~ion to this area. Removal of this property will cause a new ccntract to be negctiated, leaving a higher tax rate for individual ~ax payers in fire protection district because of the cost being spread among remamn~ng property holders. Annexation should not be considered until this protection for property owners in this district have been worked out. 708-1 The law sbates that property annexed must bear the liabilities and bonded indebtedness of their portion of property in relationshi~ to the town liabilities and bonded indebtedness. Such debts will fall on the village that is annexing this property, one the amount ms agreed to by both town and village. This indebtedness will include bonds and capital not~ and other capital improvements with a r~a~ur~y of ~©re ~han three years. 711Al Both boa~u~ must give an order offic~_~ly consenting To annexation. 712(2) Determination on annexation is for overall public interes~ focuses on annexing municipality and d~.~riments to remaining government units. Proposed municipal annexation is not in overall public interest where benefit desired was expansion room for municipality upon which area carved out would and annexed area would be adversely affected. City of Michanicville Vs Town Board of Hatfmoon, 1969. This in essence seems what the Village of Greenport is trying ~o do. ~_.-IU 6)(/)!'1'1 --t --107' Notice of Hearing on Petition to annex territory to the Village of Greenport~ New York STATE OF NEW YORK) COUNTY OF SUFFOLK) SSo : ROBERT W. TASKER, being duly sworn, deposes and says, that deponent is [he Town Attorney of the Town of Southold, is over 18 years of age and resides at 202 Sixth Street, Greenport, New York That on the 31st day of ~lViarch, 1972, deponenl served the within Notice of Hearing upon [he persons named below at the addresses set forth opposite their names by depositing same enclosed in a postpaid properly addressed wrapper in the official post office at Greenport, New York. East End Associates Frederick VF. Oardiner Clerk Union Free School District No. 10 Sworn to before me this 31st. day of March, 1972. ~ - Notary Pu'b'/ic ~/ co' o' Pelletreau & Pelletreau 20 Church Street Patchogue, New York 11772 Front Street Greenport~ New York 11944 Notice of Hearing on Petition to annex territory to the Village of Greenport, New York. NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 704 of the General Municipal Law that a petition of EaSt En.d Associates, for the annexation the Village of Greenport of certain territory adjoining said Village has been redeived by the Town Board of the Town of Southold, being the town in which the said territory proposed for annexation is located and is described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at or near the Village of Greenport, Town of Southold, Suffolk County and State of New Y~ork~ more parti- cularly described as follows: t~EGINNING at the corner formed by the intersection of the southerly side of North Road with the easterly side of Moores Lane; running th~ence North 66 degrees 09 minutes 10 seconds East along said southerly side of North Road, 96.61 feet.; running thence North 69 degrees 02 minutes 10 seconds East along said southerly side of North Road 985.10 feet; running thence North 71 degrees 28 minutes 20 seconds East still along said southerly side of North Road 312.64 feet to land now or. formerly of Henry Fleet and Clarence Fleet, now or formerly known a~ "Fleetfield"; running thence South' 16 degrees 01 minutes 50 seconds East along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Greenport; running thence South 58 degrees 15 minutes 00 seconds West along last mentio~ned land 714. 04 feet; running thence South 74 degrees 45 minutes 00 seconds West still along said last mentioned land 670.00 feet to the easterly side of Moores Lane; running thence North 17 degrees 15 minutes 00 seconds West along said easterly side of Moores Lane 1523.22 feet to lhe corners the point or place of beginning. Thai a joint hearing will be held on such petition by the aforesaid Town Board of the Town of Southold and the I~oard of Ti'ustees of the Village of Greenport at Greenport Village Hall, 236 Third Street, Greenport, New ¥ork~ on the llth day of April, 1972, at 8:00 o'clock 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) Thai 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 Law of the State of New ¥ork~ 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 town or county improvement districts 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: February 22~ 1972 ]BY ORDER OF THE SOUTHOLD TOWN BOARD STATE OF NEW YORK: COUNTY 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 16~h day of Ma~ch 19 72 , he affixed a notice of which the annexed printed notice is a nrue copy, in a proper and substantial manner, in a most public ~lace in the Town of Southold, Suffolk County, New York, co wit:- Proposed annexation hearing, to Village of Green~ort. Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.,N.Y. Sworn co before me this 16th day of March Albert W. 'Rice'on-d, ~ ~ow~ Clerk 19 72 ~tlry Public JUr~]TP, % BOKEN Notary Public, State of New York No. 52-0344963 Suffolk Cocntr March 30, 19.~_~ Commission Expires / COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: ............ ~.t~.e..~.t ~. ~.c~n .... ~ing duly Sworn, s~s that .. ~.~.. is P~inter ~ Publisher of ~e SUFFOLK WEEKLY TIMES, a newsier pub~ ~ Gr~n~rt, in s~d county~ and ~nt the noti~ of which ~e ~e~d is u ~int~ ~py, ~s ~en published in ~e ~d Suf~lk W~k~ Times once in eech w~k, ~ ........ ?~ ................. ~ks suc~ssiv~ly commencing on ~e ..... ~'~F~ ........ S~om to ~f~e me~h~ . .~ .... ~y ~mmission ~pir~ ~arch 30, COUNTY OF SUFFOLI~, ~ ss: STATE OF NEW YORK, ........ St.~,a..r.t..C.,..D. qr.m.~.n [ ............. being duly .Sworn, says that ....h.~.. ~ Ss Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper pub~shed at Greenport, in said couaty~ and that the notice, of which the mmexed is a printed copy, has been published in the said Suffolk Weekl~ Times once in each week, ~or ......... ?.n.e ................ weeks successiv6l¥ commencing on the ....s.i~t.e.e..n.t.h ............. day of . .. ~...~:~....~................. Swam to before me t]~is .. ~. ~ ..... ~' ~' ' ' ....... ~ ~.,~.,.~ ~:~.~.~... :~ ............. ~O~A~q¥ ?~UC O~ ~ ¥O, RK P,~si~in~ in Suffolk County ' "s Itio. 52-9556350 ~Oomm ~,~:Ln xpires ~rc', 3', !9 joint hearing will be by the ~'Bo~rd or the F SUFFOLK ;he Board ~/ SS: oi NEW YORK Village. Green- the, llth ~:00 o clock . L WhiIney Booth, Jr., being duly sworn, says the is the Editor, of THE LONG [S~ND ~he Vil- - MA~ITUCK WATCHMAN, ~ public ~ews- ~eet at ~ ~ed at 5outho[d, i~n SuffoLk Count; ond that )f which the onnexed is ~ printed copy, has bee~ n said Long [s[aad Trave[eY-Mattituck Watch- commencin~ on the ........... ~ .................. (~?'J day to before me this ...... .~...;?.~:..~.. of Gen~ : !ii ~ ^DELE PAYNE Notary Public, S~e o~ New F, esidi~g in S~ffoik County 1,~o. 52-3041000 Commission Expires March 30, 197, IA~ OF 1972- !.9.72 .. Assembly.Bill,Noa 825~, by l~a S1;ephe~as and ~s .I~30, R~I. ~op~=y T~ ~w, 2~ pr=~d~ ~=.' ~he ~s~tt~ of ~or .of r~l ~op~ ~=. s~ll be c~ssi~i~ ~ ~~eti~ve civil ~cept ~ere cc~ l~isla~ve ~dy da~es posi:~ =~ be ~11-=~ ~d it r~uests =~at i= be.classified ~ c~peti~tve class; s~es ~ ~vis~ ~t such posi~ be ~ c~s~ied s~ice. R~5OI/Tf!ONS - ASS~.MBLY port by March 31, 1973; aha appro~at.i~ $2a,-// ~O. AS $ O,C IAT t ON OF S TA.T E OF OF TOWNS THE NE~4 YORK .... Feb~.~ry lf+th,. 1972 $076 L'EYV. MARINO, 8CItERMgRHORB- A~menfls ~1236. Vehicle ~.n~ Tr~ffi~e. I~w. ~e wi~h lumin~.~nt m' refi~oe~zt~ rear ~rfae% sh,:~d of r~ reflector, s.~d to ~so require ~},okps on n}i wheel~ b~ pain,ed ~5~h such paird: ~uhst:mee: prolfibifs manu~aciurc or ~ale of bicycle afIc~ Dee, 31. ]973, unless in 'eomlfllanec ¢'pnpmen$ reqffircmenis. ~otcr Veh~e)es ~77 CAEMME RE~,24URP~Y, vi..t.a Law, t.a extend proxds~ons enfifl~g pcSlie wc~f. re district fro' providh~g vublie ass~a}mc ~-,rviees Uom, vehicle aport public b~ghwn? ~'~e~ st~r~g, by fis~. Moto~ Vehie~ Com. ~7 HUDSON ~ Amm~ds ~22~ 2~, !tighway gffO1 McGOWAN- A.mc~ds {36~ Tnwn ~w, authorize tow~ h~rd o~ ~own ~f s~nd class ~r~s whoi~y or ~ially ~fi,~hin t~wn for S~e ~ A F2264 ~7 ~IU~DA--~nds ~5, Ar~. 8~ Con- ~, W pro~e ~t in ~ce~ ~w~r 1973, for consmxetion o~ ~a. ei][~ for ctmveya~c% ~me ~ A 8~2 8100 GIUF~R~DA -- Amend~ ~ Towu Law~ ~cm/le¢ sttd tho~ of femnie armlet sim3] be trod tic. ignored aa emmcilwoman and conneil- Same as A 8105 M'U~P H~Amends ~llO. lo. 530.10, adfls ~O,2~, C~miua~ Prveed~re l,~w~ aut~m .judge of local e~minal eourt~ a* time ~gore ~fimt is commene~ therein, to offer off~ eommi~tefl ~ihia jm4~ie~ion of such eou~, upon applieati~ of such person; m~es other vixens ~ to proe~ur~ a.~ier axres,~ Cod~ Same as A 9275 81~ CA~E~ ~ Adds gIE~m~ G~e~al ~urd~p~t La% ~ r~u~ro ~a~ govewdng body ~-~y which ~mt~ own ira~spor;'atio~ or is l>~t of an~ tr~po~ta~c~ aut;b~r]ty~ ~repare ~mrgo~cy ~ran~o~t. aticn plan to bo f*ll~weg an~ *o labor ~s~u~% ~'~ ~r ~her em~gen~: ~th park~g and other m~¢~m, ~ti~ $~e ~ A 9274 8116 DONOVAN -- Amends ill,~, ~.I q~h'es thai for fixing ~ezi~ ~ .pro~le use 10 years, ~.~iag f~r pr~er,~on or r~mm~ion stn,eflon, ex,~a~on or e~a~em~L Fiance O0~. ~ame as A 9195 SENATE. 8~0 B, SMITt:~ DJkT, FllYDSO~ -- Amends ,~lCg, Comsewat~on i.~;~, '&~ require that pemo~ gl~ B. S~Y} H. ~:oOi)~!AX, DAY---Amends ~8-05P3, C~mse;~ ati~m i~a.w. authorizing ,mmfitdpai~ty re&~ting h~ t~c ~f ~;~,mshiles GOTh. ~a.me as A 9093 DAY -.- Amends ~8-0503~ Cm,~rV;~g{on ~cvide that }n computing ammmt ef stat6 ahl ber~>'? re!a,ting t.o use of s~owmobiles~ corer., deicrminingz },~rccn~ab~ pl'epoxoicn, may use no~ a.mom% cf sta.~e ~d. Con~rvaikm Cmn~ ' 8t~1 ~A~i~C~ Adds ~395-k, Genera~ amd to make reid, p;:ovisioe ~lnkip~r vendce owner lo obiaiz ~ nit' or ~:~.ifieate. General rite[i/ties for purpose* ~f b~si~ /raaeki~ r, ax dedm4tons, to iuelud~ fa~iti~ for treatment, neutra,li~k,n or stabi~zatiea of sewag% as wee .s b~anSe~ waC. e. ~eiai~d wi~ mam:~at~uri~k~ prowess: Taxai~4~' Cern. . . glg~ CA~%N])~. i~K~N. CONKI,~, DAY, FORD. :~LINSItt--'Am'enda ~I~.3% ~enal Law, ~ {nx}wide t, ha~ wSen (tefendant v~c%~ bv xury relict o? murder ~md vf~im was waere, real p~cpe~y mm't~ago~ has ~r~qid lc~aJ morlga~c~ ~mlt m~v scent ta~ ~fain 5 da.y~ ~ev~ on such ~x a'ae aC ~gaI ~t~. T~xaf~n Cern. ~oeeJ~e La.w, % prcvide ghat wheff defeuda~ ~aticm ~l~ir~- i~ use of m~er ve~ele, eour~ asau~ ~ ~sf~enien of c~nr4. OdOrs Com. glCa ~CLI~N --- Amends ~15, Doraestie Re!a- M~na La% t.o allow ivwn cr city clerk to a~e.~ w~ten akT~roval and co~e~t of jus~i~e of appeJr* upon appl~eatin~ for ma~ gee~se tha~ wc~aa,~un~r :age ~.8 bet not undor ]4. 3u~ela~y 81~ l{OLISOA*~Amemls §58, fSVi] Service ~w, ~ ~elufle f~m defl~itioa of police o~i~ in aoes not have ~i~e ~pL Civil Se~ce Com. Pro~.y'Ta~ Law, to allow ~wn' bo~r~ ~ sp~L~ dlstric~ ~ses, regaral~s of amoua~., m- st~d ~f o~lv if const, itu~ing ~ ag~a~% amo~ in exee~ of ~, levie~ by board of ~n~rv~a's, be enacted by ~aatY; ~iih similar cha.~ for alstric~, ~ther.th~ ¢}ty aistrl¢~. Taxation 8amc as A 3 mon~hs ~rlor t~ application aa*s w~o n~ at- signs t~ inel~e sa~ eit~n-~id~ who is simmr ~v~ ~M seeu~t.y ~m~tS~ of a~. COase~va~on Com. Same a~ A 81~ (tlOF~RE ~ Ame~ ~Oib-5~, General ~uni~pal Law, to eh~ge ~a~ p~vi~ons rolat- ~g to a~ui~t, ion Of, ~l pro~y by ~oa ~ urea ~enewM ar~, by ~tt~ munid- fion th~ p~y ~b~ ~ berg ~ iu eon- ~fion wJ!h ~rbaa r~e~l: progr~ aaa upon eompensafiO% title in ~ s~e Mmll ~s~ i~ af~iDli~ and ~gh~ to ~ e~peasation ~all ~r pro~isloas with r~p~ ta ~aelpal ur~ re- a~vaI ~e~; makes ot~ changes. po~t}o~ dept-, tO ~hib~ l~se of teen.hi ~- si.way ~ snowmo~, where haza~ a~ ~r~ ~me as A 9376 ~05 ~IO~RE~Amends ~4-b~ Oeneral alCil~l Lmv~ to allow mm~icipa] eoq~ratJen fo ~o~ ~1~ a~d rcg~lntion~ autho~Szing payment of ~llse8 described ia nniform rel~qilon itel to displaced p~ae~ who are o~lers or ~- con, ora.item a~d for which fegc~l tunas ~all ~ n~d ~as a~nia~on cost. ~ties Co~ ~I0 S C.H ~ A R T Z FF~ARO ~ ~1~.~, Pe~l ~wi .~ r~mre rna* ~tMy st law eni~r~e~t ~ncy, }~e r~rn~ la~t? a~ defe~ant ~ ~is &~t6rney h~ ~r- also av~la.bt~ to at~r:aeV repres~an~ such o~ena~, & Daren~ of ~ch offender, ~c f~ifer. Cod~ ~m. ' Same ~a A 8a~ $219 ME~RSO~A~nds ~3, a~. 4, Con- ~i~¢.ion, ~ au~horlze geve~or ~9 eonv~e leg- majori~ of members of ~ch hou~ .ins~ud o~ au- ~hm~ing him to e~avcme IegisIature, 0r sena!~ only, on extr~n~ o~sio~, an~ to provide that e~.oraina~ s~ions, sub' sub jeer& r~o~en~3 by gov~or or ~ in ~ifion sh~} be upon. g~dm'y tab. in% to ail. ow addi~loi{aL.asedlt in e~p~ve .. -a~ a~wed if h~ably discha.rged or reteas~l ~r ho~o~ble ~rdumstanee~. aaa fo make other 8~1 MEY'E~SO~'---A~neads ~5. Art. 4, Co~- %ihs di memt~a of ~ch hous~ ~nsi~a.d of aufho~- tzi~ ~m t~ eonv~¢ leg~tatm'e, or senate o~ly, og ~ordinary s~s~ons, mfly~__~,_.~ub~e<~ le~sta~ure sha31 ~ ~ctec~ upgn; ~uu ~' ., m'o~e*~ed a, :e*~d ~t ~o .¢m~it ~t~c:; t~ refsrred for i~ by le,~islature, ;md w~h })ol)li~!sfioa ~0 ba for months previo~ to ele~qdo~/.Tmliei:~ry Same as S ~ of197 t ' ' ' 8~5 G1UF~EDA~-AmO~Is ~J, Art. 3, Con- ion iff ~n~ unlessi%~ 'populati?~ shall entitle it. to 1 member 9f aaqembly. Jn&i~a.~}' C~. ~.~e ~s A ~26 GIUF~DA ~ Amends ~a, i'~. ~, Con- sult,finn ~o empower ie~is]~'~e to er~t~ .or ~- solve a county, d u~m~ ~ . Same as A 8a~70tOF~E ~ Amends ~503, 510, 554, O~eral ~mfie~pal La.w, ~o ,r~eal core, in ~rovi- ~ons re~tbxg to payme~ ~f mo~ng e~p~s~ ~y grants~ ~a !c e'nac~ n~w' pr~i~ns munieip~iity t~ ap~pr~te f~fls '~d authorize p~'ment for ~mat"r~nab~e ~ag aha rMa~ corns or lpan~rot~ org~iza~s d~plac~ ~u~ ef acban re~wal or ot~er fe~era~y-~ ia accordafiee wi~h f~era~ law~ r~ al~ re~la- iibn~ make~ relg~ed changed Cities ;Com. - ~g that o~ieer ~r m~r of police or ~re- dept. or gorse, ~ eo~i~oa of em~o~ent or ¢on~nu~ zmplo~n&. ~ ~' a~e~ addifiom~l pla~ of public ;~st to ~bich no competition cr roman- eraS'ion i~: ai~ohe~; Ci~ a~l M~P~Yff/~s ~77-~ General ~iel- ~a~ Law, is ~wer goyern~g'board~ of mu~el- pahty to ~p~ria~, an,t pay aanua.~% au~ nonprofit aa~oeia~ o~ or~{~izatio~ ~ablish~ tion of e~vlronmen~, iuclu~.ng a~iatimm or ~ronm~mfai priam. Cities Com. vice ~w~ ~ ex~p~ i erson ]ioldi~ ~ffon appointment ¢r em~loym~lt as supel'~or ~r from being' ~qs~d ~s ma~;~e~a.1 or fail' {m~ph~yamni art. (7~fl Se;'viee 8286 Mo£4OWAN--AmeiMa §1~. Civil Se~i~ · eompensa~on ta~, sh~i be ell~%le ~o ~ont~u~ men~ at ~to~als of sum e~ .¢0 amount re;eh ~ges ~or ~ ~rag~ ~v~] 8~ee Corn. 8~7 L~Y~Y ~ Adds ~TS-a, Pubhe ~eera ~w, ~o prohibit emplo~env or ~e~ploym~n~ com~oa 2rom ~me or ot. he~ pubic crapPy- men% for ~o~g~ · ~ork ~r p_o~i~eal pa~v Sam~ ~ A ~ ~ng for a~e. ~ ~or you~ dev~o~ment, aaa ~uv~i!o de.query p~ven~on pro~s~ hmlud~g pro~4sions ~ting ~o~ ~ s~te ~d ~cr youth ~reau~ *s ~ximnm of *~,0~ .~r yem'. eomtty~ ~y, term or v~hage, exeep~ NY Oity, and to p~ gr~t ~o suda city of amo~t in excess o~ a,gg~te y~rty ~ o~ ~o for ~eh eoun~- faer~n; m~ ot~ ~e~tive pro- vis~s. ~anee ~ i!lmnln~iom }~o~ ¥~hieies Com. permi~R'~, ~t, license '.m .issne~ ~m~iately felony, other ih~ ~e rela~g ~o *pera&ion of niotor vehi~e or. mo~reye, Ie, if ~e~ pm~ er probation au~hori~. }l~or V~ieIe~ S~5~ LEVY~.~ends ~67~ R~ ~Tax ~.w, to ~ gsv~r~ag ~r~ of is less ~:han $5,{Kq~ to nc exem~&m where ia,me is more titan $I0,~)!i extunDfs s~ial ~l~hi~'t ho!4i~g of p~tna<f, s~..-~.: or g-; aTal ~t~ f~der~ g~ or mmiielpa] ni~ia?s. Judiciary 8~i61 Seeur~y i~w, t~ extend for addi~;ior~.l _ year, provisions auihOriz~ng partieipatin~ ploym' trader state pol]~emen's and flremen's tiremen~ svs~ ~ e~ect b~ provide ib~.t :~nal aver~m m}a~w shall mean ]'v~lb~r n~iaielv ~re~ain~ enmh,--~s' ~elii~nlat da~e exelusB-e o~ lump sum ~a'~'mm~ for sick leive or ~cnnm}atea vat,ion' &~d~t. or aaiy fs;~ ~f to render' aetive ~rviee~.sbMl be deem~ to have been approved if no aetzo~ i~ taken by }m~d of ~ro eom~. within 40 days ~ftei' s~rviee of w~n no!ice cf a;~tho~aiion shall have be~ made by boar~. T¢~ms an~ Count~ ~ilS4, lr~,~ie~e a~l Tra~%' I,lw~ to prpvide that hearin~ ~ser! u~ ~4olatien ai pro'visions hereof ,.oho]. Ivlo%or Yehi(}es ~uDe~ inves~g~i~ml ~.'; appY~eaa~ s~kh~g t-o ebt~n license t.o ~a~iw aid po~s6~ ~is6ol or sevol~er, 8~g5 P~ENENT-- dm4:ions from ~en(: adjsste~ gr~s tacoma, by or hnnrovement ~Js/.rlct.. Taxat%n Com. orders of elZ~f of ~re d/;z*t, oe company of whic~ public emplo]'~s' fair cmplo~meni ecg, gi~ inct~lrle Name as A ~IBO - · -a-~ Law. ~.:~ .xten8 ~efiffi~ion of re~.! py,!pe~y. owT::: rs~.x~ share of SEI~ATE -' l~ : /~/4.. ~!~C~O~VAt~~- Ame~d.s~ ~108, ~ieut~re ' a~ ~Iarke~ L~w, fo au~ho.~ i~w~ bo~,rcI of or d~i~ate F~ii~e de~. go pre~.re t~ ot owner~' ~nmmlly % ~th of -~u~e= in~l of form~, o~ ~am~ whleh may ~e ~ho~ze~ by ~me as ~ '~18 SPeCiALS AND LOCAL BILL5 S~IltTE LEVY, DU~NI~E~ Amenda §1~8, agrienltu~e and Markets Law, to re~al p~ie~o~s a~rtlon of lists of d~ o~mers by for 197g, 1974 and 197~ ~s~ habit, an~s. ' Tewns a~d C~m:~iea Com. ~ ~utb~i~ seec~ cI~S ~ow~ appoint such de~u~ie~ i~ -~ as may ~ prodded b~ ~so~Zion to fix ~la~es ~eref~. ~un~es ~me aa-A 891~ ~rks, ~aas ~. . approve 0r ~pp~e off?~.~re to aUow town ~rd of any ~wn ~ of ~o~ ~ard. Tow~ ~nd ~oae, ~i be ~bj~t ~u ~pprov~ by le~la~e p~}~ ~t~ ~p~y m W~en co. aeal,n ~m. Same ~ A t~nl o~ He,spot,aa, Coa~ Gem. ~g o~ gn~'lying vita. in ~s~u co., frvm Corn, . ?. , authorize town ~rd of to~ o~ ~I elass bo~rd~ wholly or ~r~ialIy within tow~ for 9274 F, ~O~L~ A~s ~72~b ~r~ or ~ ~rt of a~y ~t0n ~u~ty~ ~re- ~u~ ~ue ~ lg~r ~spu~, fire ~ o~ ~r- ~ D~ BO~ Mul~n~ ~y: LO- q~red by ~ or ~ mu~]i~, or ~ ~b~ au~o~ to~ bo~ of Io~ o! a~o~fl ~t~ v~a~g a~d e~t,~l wor~, Loe~ 9~ ~I~LD~Ame~o ~6, AfL ~. li~n. ~ s~e out p~ws~n th~ ve%eran re,mt h~vc U.~, erm~ ~o~es t'os pre~es~ ~n ei~l e~inations, Judieia~ C~. 8~e ~ 8 7~ 9~3 ~ARGtOTTA~Amead~ g77-b, Ge~emt o~e~s who may ~tend ~mve~tim~ or comerance Tax i.aw. to re%n/re thai real propm'ty aetu*~ ~ue for ~ for whi~ ~cquir~ and if to ~xa~i-~n m:d s~d~} ad ~torem Iev~e~ appoint.merit ~ ¢~rrain ~iiee o~e,e~-s, to app~i~'~e~ of paid m~r~ of ~re ~e~f. of ployees Co~{. pRbtie tm~-~ w~h ~o eomper~gtion dr re~n- where tr~ a~nt, f~ ~ra y~r .or n~xt l 1 rolls were fi~ y~ of ~ r~u~o% towns as ~ mH eom~ ~ 197g~ ~ ~ ~o~ ¢on~t ~ 1973, ~e~d Of 19~ were year the~of. ~ ~,e~m~ Corn, ~ where ~,rds a~ ~ by tr~¢ or ~- ?os~ ~ ada~o~ c~it ~ow~] ve~r~s ~ c~- of ~.$, who ~er~ t'he.r~ fo~ pu~o~s o~ber than t. rainln~, Gov~ment. i ~mploy~ ~tg FI~LD~Amo~ ~1~, Tow~ L~% to tion of ~owu }~artl~ ~ght aaa ~r to ~11 ~ repeaJs {Amol~ae p~visions. ~eM ~svernments ~mue ~s 8,7787 pr~]~ibi/ iown clerk er ~m k3~i~{ I~e~se for y~r ~m da. re tl~of, inked '~f i~r 1~ San'e a.~ 'S 74?6 9¢~ COR~ETT ~ Ad<ts ~467-B, ~ea} ~ax J .n% Lo ex 'm?. f 'oui ta~a.fio~ l~v ~' ~4~000TTI~IED; .~h~ttl-sponsor~i by: ~ p~i~ statmoor toe, d go~., sp~t dist~ie4, er~bme~ exit.after pubhe h~x~an<t ~-I M~I ~w, ~6, 69, 70, 8~ond muni~Hi~s ~ de~t pu~I~ funds ~ banks a~ t~ ~{~i~, w~h righ~ to d~da~ oue. or n~ or at~y com~a~ thereof as ita~es, ~n~ ~m. - ~ pro.de ~h~ d~elo~ of ~ pretty, in es~w ascot ~' ~ty de~it~ amount Iaaa whi~ had ~ develop~l by ~aefion ~e, to ~i~, mun~p~iiy ~ deveivper auee~ar or assi~ defaul~ ~ meeti~ ~u~ with flep~i to b~ pta~t in ~t~e~t ~- · img aeeo~% for ~efl¢ of d~elup~, or ~71 ~ILV~M~--- A~fieuds 1191, ~w, tO proh~ ~ol~ of prim~5 ~p~ial or ge~l ~on on ~u~ay for a~y st~ ~ee, or for amy ~rpon~t~ tu~ ~ xv~e · lm~M~ Com. S~ ~ S ~9 ma. rke~ walue t~f and wi~h ~u~ t. he~oi ~g Com. ~e~t ~, ~ 4 yem, ~ ~mne ~ $ 7~ 98~ WEPRIN -- Aa~ls Ar~ 14-A~ Genre] Bnsl- nero La~ ~mtmds ~2, uatls Art. I~A, Transporta- ~,,rufitti~ ot~rat. 0i q~ a~y aircraf{ thereat ~ueh rammer as t~ (~o~t~ noise tevc] &~eribed ~n~ devices. ~ug and a~Lqbitity of pr0l, lhit~ h{filrH~ imF~~ or Ol~ra~g of prat without ~t i~su~] ~y ~ra~spo~ati~ ela~si~s ai~a a~d pro~t~ ~or t~nce m~spen.si~ of ~rmit. ~m~ '~511 W}3P~l~'~ree~ smdrommental co~er- vnfion dept., on, b~ o~-sT:d~y~ %0 ~u~ '~m- make ~ec¢~ihte ftw public beaeat, unlqm~ ~enie'~ i;beau~, a~ well as aatuml h~to~e, ~atlo~l ~a~e values of ~=g. IMan4 ~tl, h~ to ~ ~bmi~ to !~l~re I~n t ys~ he~e- S~e ~ S 5~; A59~ 9~8 W~P~IN'--Ad~: ~l~, Ele~on ~W, make ~I ~s~ons hereof ~z ~ app~on ply ~%h same fo~ce aug eff~ to special slutish. ~.g<l to ineluae ~we~ ~ dutiss eonfe~ upo~ amc as $ 247t: A 41~ .. T~c La% m pe~it driver-to'make figh~ ~ adex mak~g' eomplet~ stop for r~ ~ r~ rea, e~ep~ ~a~ ~ sh~l eot ~rmi~d wheu ~ohibit~ ~ appropr~ author- 386, 1~40, 16~r 1083. Vehle~-~d Traffic ~w, ~ ~ui~ ~h~ ¢o~ n~ l~er ~an Jan. 1973, ~pr~n~ ~a~r~s ~ppllea,~l¢ t~ g~ ve~icl% ~bl{~h~g, ~hnum ~I~ l~-els w~ may ~ pr~uce~ by en~ne ~ e~haust ~.~ma ~d by ~orng or ot~ ~ar~ing dev~ on t.a ma.x~m~ noise 'limit, d~ of error. ~ ~opt relations ~ fo ~t p~dures aud. ta~i~, a~ au~-i~ of ma~ei~li~ ~ exeI, nae t~ Cc, m. ~ir~t and ~e~ S~u~ Law, ~ make e~z~er mtirem~ p~n for s~ ~ployees ~d for empt%~ ef ~,pafi~g ~ptoye~ uad~ ~.~e empl~-~s' a~ s~ate ~eemen's ~nfl o~ or af%er.Aprl] 1, ]959 or ~)ara~ng in v~ s~=lus from ~a~e ~ervie~ ~ or a~er A~1-1, 1960~ wqth ~l~b ~o {orm~ plan, and w~ ~"i' to lat. ter ~ men.rs retiring on or afar April )9~. ~nd ~fore Ap~I t, 1974. or ~rat~ 1, 1974. C~vemm~J ~upl,~y~s C~m. ~I Properly Tm~ ~w, ~ ~t fr~ tI~iti~ of ~lwSee eha~% e~e imposed'u~n r~l-pro~ or~y by or o)~ beha~ of m~tclp~iy to d~ra ~o~ts. for pu~se of s~t an~ highly iiou, mai~ttcnance and l~ an~ t~ make ponding ~e!~o~. ~10o~r~m~ Com. ~87 KELLEHE~--- A~ds il~l, and Tra~e Ira% to pmvide that ~te ~ghway moneya shall tm u~ for ~,o~adiag ~e ~tro! ~i~na~ ag fire hom~ outage of ~ti~ and :vil- 1:~, width are toea~ ~thin r~us of t,~ f~t (I~, FINK, L~ t~W~ V~DERA~E. ~NA~AU, BL~AL. OR~N. Dt- SALVIO. WE~. GIN~A, B~3~, ))iFA]~. WALSH, ~R;W~T -- Ante~ ~191; Etet4~ Law, to provide ~at nor primly, ~Vedal or oenerM ele~i~n fi r any state m' l~at i,{R~ or for elation of ~ of a~y co~omt~on fii~ h~ whole or in ~ii -l~v ~derat, ~ta~ or municipal moa~ shall ~ held on ~tu~ay, 8aday or any olher day e~ ~V religi~s ASSEMBLY.- 3 9585 WRTZ~-'Aanend~ ~O4-a, C£vil Service Law, to prohibit wribten ~gxeemen~ ut~m ~bHe employer~ unl~ a~ un,ii ~exf ~ Amends ~4~7. mum ~q~re~ per~o~ tlon ~te to e~{~le prop~t~; ow~ers 85 or ever tc i~. ~eal 9evermen~ ~uri~g 1972 for compu~g, 2p~io~en~ p:~ym~t of ~ capt~ ~ta~ aid to be paid thereto. for 197~ 1974 mfl 1975 ~sed ou ~mb~ ofh-- 93~ D. ~OK-- A~t. huri~s R~:h~zter pn~e wate~ flistri~ ~ ~t ~ ~h sew~ d~tfid a~ney t~ haw~ ~ ~ co~v d~n~e ~. ~a] ~rnments Same ~ 8 '~ REL~ G~SB~, ~ALE~~, JONAS, Mark~ ~w, ~ repeal p~v~on8 r~uifing prep;~ a~tion of lis~ o~ ~ o~e~ by ~u ~. 9386 MARGI0~A--'~ ~t0, 8t$i~ m~tg~e or ~rdina~ i~ inter ~o o~ i~ real pretty i~ iurt-hemn~ of mu~eipat p~e, except that this ~wer ~I nut be pl]c~ble ~ i~]~able real proudly ~r any ~Heh~le int~es~ there.. ~al ~ov~n~t~ C~ra. DELL--A~ds ~4,' ~. t8, Co~itu~e~ ~ p~zde ~t A~r~k n~ Cats~ql par~ a~ ~ed ~ hw ~n effee¢ive flare her~f ~ ~ I~ds ~ may here- after be a~(t~ to sa~ p~rk ~V law, sh~ ~zOt ~ Count~ Government ~% ~lO1, Town Law,' ~ ~- quire ~at ~ M~e c% f~ y~r ~hall ~a on X~, 1 ~d ~d ~ De~ 3I, ~d with eo~v t~islativ~ ~v to hold ~ m~ 'on 2ne ~e ~ S 7267 ~ ~ROI~TA--Amends ~. 879 of ' ments ~ Or gra~t au~o~ons ~-h~' or fi~ ~ ~d ~gh~ to u~ o~py ~ ~ tai~ o~er pu~. ~ Gvver~s ~, WHEREAS, East End Associates have filed a petition with the Village of Greenport and the Town of SOuthold for the annexation of forty-eight acres on the East side of Moores Lane to the Village of Greenport and WHEREAS, pursuant to §704, NEW ¥O~K GENERAL MUNICIPAL LAW, both the Village of Greenpor5 and the Town of Southold are mandated to publish notice of hearin.gs within twenty days of the receipt of such petitions and are further mandated to hold public hearings on such petitions within twenty to forty days after the publication of such notices and WHEREAS, the hearing on the petition of East End Associates has long been delayed, 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 East End Associates for public hearing on the 16th 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 notice of such hearing on or before the 24th day of February, 1972 and BE IT FURTHER RESOLVED tha~ the Village of Greenport will set down the petition of East End Associates for public hearing on the 16th day of March, 1972 at 8:00 o'clock P. M., Eastern Standard Time ~t the ~reenport Village Hall at 236 Third Street, Greenport, New York and that notice of such hearing shall be published on or before the 24th day of February, 1972 in the Suffolk Times, the official newspaper of the Village of Greenport. PETITION FOR THE ANNEXATION TO THE VILLAGE OF GREENPORT OF TERRITORY ADJOINING SAID VILLAGE, iN THE TOWN OF SOUTHOLD~ SUFFOLK COUNTY, NEW YORK. FOR PRESENTATION TO THE TOWN ~OARD OF SOUTHOLD AND THE BOARD OF TRUSTEES OF THE VILLAGE OF GREENPORT. PURSUANT to Article 17 of the General Municipal Law of the State of New York, as amended, the petitioner herein East End Associates, petitions 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 petition; and the petitioner states therefor as follows: 1. The Village of Greenport is and for over twenty- five years last past, has been an incorporated village in the Town of Southotd, County of Suffolk, State of New York. 2o Petitioner petitions to have annexed to said village, territory in the Town of Southoid, Suffolk County, New York, which territory adjoins said village; said territory, which petitioner petitions to have annexed, is described as follows: ALL that certain plot, piece or parcel of land, situate, 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moorems Lane; running thence North 66° 09m i0't East along said southerly side of North Road, 96.61 feet; running thence North 69° 02~ 10'~ East still along said southerly side of North Road, 985o10 feet; running thence North 7t° 28' 20~j East still along said southerly side of North Road 312.64 feet to land now or formerly of Henry Fleet and Clarence Fleet now or formerly known as "Fleetwood'~; running thence South 16° 01' 50" East along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Green- port; running thence South 58~ 15' 00~' West along said last mentioned land 714.04 feet; running thence South 74° 45j 00j' West still along said last mentioned land 670.00 feet to the easterly side of Moores Lane; running thence North 17° 15j 00" West along said easterly side of Moores Lane 1523.22 feet to the corner, the point or place of beginning. 3. The petitioner herein is the owner of all of the territory described in paragraph 'J2'~ of this petition as evidenced by the copy of deed annexed hereto as '~E~nibit'A~' and petitioner is thereby the owner of all of the assessed valuation of the property in said territory. 4. Attached hereto marked '~Exhibit B'~ is a survey 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. IN WITNESS WHEREOF the said petitioner has duly executed this petition this ~ ~ day of March, 1971. E ST AS co-partner STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ~' ) RICHARD A o SCHOENFELD being duly sworn deposes and says that he is over the age of twenty-one years and resides at 108 Shore Road, Patchogue, New York. That deponent knows the person who executed the above petition as being a co-partner of the petitioner and that he so executed same in my presence as the duly authorized act of and with the express written authority of all of the partners of saidjF~'s~TEn~Q(~/.~ ~//~-~ Sworn to before me this 3~ day of March, 1971 ~otary Public, Suffolk County New York ~In the Matter of the CERTIFICATE OF Petition to Annex Territory to the Village of Greenport. ASSESSOR WENDELLj~TABOR, being duly sworn, deposes and says that he resides in Orient, Town of Southold, Suffolk County, New York, and is the Chairman of the Board of Assessors of the Town of Southotd, Suffolk County, New York. That deponent hereby certifies that East End Associates! the petitioner herein, is the owner of a majority in assessed valuation of the real property in the territory sought to be annexed as such territory is assessed upon the last preceding assessment roll of the Town of Southold, and in fact is the owner of all of the assessed valuation in said territory described as follows: ALL that certain plot, piece or parcel of land, situate, 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moore's Lane; running thence North 66° 09' 10" East along said southerly side of North Road, 96.61 feet; running thence North 69° 02' 10" East still along said southerly side of North Road, 985.10 feet; running thence North 71° 28' 20" East still along said southerly side of North Road 312.64 feet to land now or formerly of Henry Fleet and Clarence Fleet now or formerly known as "Fleetfield"; running thence South 16° 01' 50" East along said last mentioned land and along land now or formerly of Constant Booth and the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Greenport; running thence South 58° 15' 00" West along said last mentioned land 714.04 feet; running thence South 74° 45' 00" West still along said last mentioned land 670.00 feet to the easterly side of Moores Lane; running thence North 17° 15' 00' West along said easterly side of Moores Lane 1523.22 feet to the corner, the point or place of beginning. Sworn to be~ New York ~/ Wende 1 l~Tabor rs/me this , 1971 ~ik ~unty STATE OF H~ YO~ ) CO~ OF S~FOLK ) ss.: ~,/~-~.%'~ being duly sworn, deposes and says that he is over the age of twenty-one years ~d resides at~/ Town of Southold, Suffolk County, New York. / That I have read the foregoing petition and am familiar with the contents of same. ~nat the petitioner therein is the owner of a majority in assessed valuation of the real propertYtherein, in the territory sought to~~..~-~~'~''-L~--~escribed Sworn to bef~r.e.~e this RICHARD A, $CHOENFELD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: being duly sworn, deposes and 's that he is over the ag~of twenty-Qne years and resides at ~/0 ~'~ 5~i ~~r~7~ Town of Southold, Suffolk County, New York. / That I have read the foregoing petition and am familiaz With the contents of same. That the petitioner therein is the owner of a majority in assessed valuation of the real Property in the territory sought to be annexed as des- cribed therein. Sworn to before me this STATE OF NEWiYORK ) COUNTY OF SUFFOLK ) ss.: and says that he ~s ovgr the age of twenty-one years and resides at _~/~ {~¥~ ~.7~,~ ~.~/~o~7&~' Town of Southold, Suffol~ County, New York. That I have read the foregoing petition and am familia~ with the con~ents of same. That the petitioner therein is the owner of a m~jority in assessed valuation of the real property in the territory sought to be annexed as described therein. Sworn to befq~9 m this /'~L da~ of~ 1971 ~ota~y Pfibli~C~; ~ ~lk County New York CONSU~.T YOUR LAWYER ~ ,~RE SIGNING THIS INSTRUMENT-~ENIS INST1 E~IT SHOULD BE USED ElY LAWYERS ONLY THIS INDENTURF~ made the 2nd ~yof J~ne ,~et~nh~d~ed~d' seventy BE~EEN JO~Y PROPE~S, ~C., a domestic corporation having pcincipal office at 4250 Hempstead Tucnpi~, Bethpage, New Yock E~T E~ ASSOC~TES, a copartnership having its principal place of business c/o Pelletreau. & Pel!~re~u, Esqs., 20 Church St=eet~ Patchogue, NeW York party of the second part, WITNF~SETIt, that the party of the first part, in consideration ofTEN AND N0/100 (10.00) dollars, ad other good and valuable consideration lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the partf of the second part forever, ALL that certain plot, piece or parcel of land, -...~. .......... _ .......... ~'-"'~' ..... ~ _._~:n-.~rz-.-z=c:.:c' ' .............. ..... _......~, situate, lylngandbeing~g 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 the corner formed by the intersection of the southerly side of North Road with the easterly side of Moores Lane; RUNNING THENCE North 66 degrees 09 minutes 10 seconds East along said southerly side of North Road, 96.61 feet; RUNNING THENCE North 69 degrees 02 minutes 10 seconds East still along said southerly side of North Road, 985.10 feet; RUNNING THENCE North 71 degrees 28 minutes 20 seconds East still along said southerly side of North Road, 312.64 feet to. land now or formerly of Henry Fleet and Clarence Fleet, now or formerly known as "Fleetfield'; RUNNING THENCE South 16 degrees O~minutes 5'0 seconds East along said last mentioned land and along land now or formerly of Constant Booth and the heirs-of Silas Webb 1450.11 feet tO land now or formerly of the :Village of Greenport;- RUNNING-THENCE South 58-degrees 15 minutes 00 seconds West along said last mentioned land 714.04 feet; RUNNING THENCE South 74 .degrees 45 minutes 00 seconds West still along said last mentioned land-670.00 feet to the easterly side of Moores Lane~ ...... RUNNING THENCE North 17 degrees 15 minutes O0 seconds-West along said easterly side of Moores-Lane 1523.22 feet to the corner, the point or place of Beginning. · .- .. · ?.... './ -,?~. SUBJECT to such a state of facts as an accurate ;~d.~dy*~'ha'li:,d~.sclose__ - . SU~ECT-gt°theseC°Venants'o s easementsif and restr~et~on~ Og record p~esenely effec~in_ _rem_ses,-any. - ~.~ :. ;, _ SU~ECT to a mortgage reco=ded in the Office of tho~ ~e=~'of' the County of Suffolk ~n L~ber:6239 mp 265 ~n ehe sum of ~60,250.00 w~gh ~nCeres¢ accrued ehereon from 16 April 1970. SUBOECT to a purchase money second mortgage in the sum of $80,550.00 executed and intended to be recorded simultaneously herewith, given' to secure payment of part of the consideration for this conveyance. THIS conveyance is made in the-normal:course of the conduct of the business of the party of the first part and with the'approval of all its stockholders. TOGETHER with all right, title and interest, if any, o£ the party of the first par~ in and'to ahy stree[s and roads abutting the above described premises to the center lines thereof, ~. TOGETHI~R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the secOnd' part,' th~ heirs or successors and assigns of the party of the second part ~orever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust ~und to 1Je applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the ~ense of this indenture so requires. IN WITNESS WHEREOF, the parry of the first part has duly executed this deed the day and. year first above written. ~. - I~ ~am~-~CE O~: : JOMAY PROPERTIES, INC. By- STATE OF ~Ew YORK. COU.NTY OF On the . day' of t~rsonally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and actmowledged that executed the same. STATE OF NEW YORK, COUNTY OF NASSAU ss: On the 2nd day of E~!~y June 197i~01,0beforeme personally came P W. DE to me known, who, being by me duly sworn, did depose and saythat he resides at No. 380 Ricksville Road BethDage, New Yo.rk ; that 'he ~s the Pres zdent of JOMAY PROPERTIES, INC. , the corporation described in and which executed the foregoing instrument; that he knows the seal of% said corporation; that the seal affixed to said instrument%is such corporate seal; that it was so m~xed by order of~the board of dir~ of said corpora- tion, and that he h iSname like order. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY SS: On the day of t9 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquaintec~, who, being by me duly sworn, did depose and say that he resides at No. that he knows to he the individual described in and who executed the foregoing instrument; that he, ~aid subscribing witness, was ~resent and saw execute the same; anc~ that he, said witness, ~a~t the same time subscribed h name aa witness thereto. ST~DARO FORM OE NEW YORK BO~D OF TITLE UflOF. RWRITERS Distributed. by SECTION ~kocg LOT COUNTY OR TOWN Recorded at geqqcst Of CHICAGO TITLE INSURANGE COMPANY HOME TITLE DIVISION Return by IV/a~t ~ AINN00 ~OJJN$ has been compared by the Undersigned with tlid Original and fotmd to be a true and complete copy. Dated: .. ~'].'"']~]'~: ........ ....... i'f .................. !-7_'.' ...... :'r]~_ ........ ::"-";'~: ........ MAYOR ARTHUR LEVINE: TRUSTEES GEORGE W. HUI3E3ARD WILLIAM J. QU1NN SAMUEL KATZ MARSORIr'' H, TUTHiLL MABEL HARRIS qreenport, Suffolk County, February 2, 1971 Southold Town Planning Board Southold To~n Cle~'s Office ~in Road Southold, New York 11971 Attention: Mr, John Wickham, Chairman Dear 1,r~. ~ickham: I ~m in receipt of your letter of February 2, 1971. If I have ~sstated policy, I am truly sorry. Early in 1966, discussions were held with beth the Southold Town Planning Board and the Southold Town Board about granting the annexation of Village ~nsd land into the Village° At that time both the Town Planning Board and the Town Board felt that we had not made enough of an effort to bring l~nd into the Village to square off a lot of the gerrym~uderd_ug. At no time do we want to be in conflict with the Town Planning Boards the Village Planning Board and the T~m P~a~_ug Board have worked well together in the past. I apologize if I have jumped to conclusions~ Very truly yours~ Henry Bu~e~, Acting Chairman Village Planning Board cc: .&lbert Martocchia~ Supervisor Arthur Levine~ Mayor February 2, 1971 Southold ~n Board South Street Gresnport, New York Gentlemen~ we are in receipt of a copy of the minutes of the Village of ~reenport Planning Board, dated January 23, 1971~ which state that ~ne Southold Town Planning Board suggested to them that they annex into the Village of Greenport 48~7 acres of land on the corner of North Road and ~4oores Lane, ~reenport, owned by a corporation known as East End ASsociates. The above statement which they made does not make sense to us because we have never given such advice to them or anyone else. We feel that this matter is not within our jurisdiction and we are forwarding a copy of the Village of Greenport Planning Board minutes of January 23, 1971, which were sent to us. Yours truly, John Wickham, Chairman 8outhold To~n Planning Boar~ cc- Village of Greenport Planning Board MAYOR ARTHUR LEV;Ne GEOR(~E W. HUBbArD WILLIAM J. OU1NN · SAMUEL KATZ MARJORIE H, TUTh)LL MABEL HARRIS /i//a3 e otr 'een/oot'l reenport, Suffolk County, Y. PLANNING BOfiRD MEETING January 23, 1971. The meeting was called to order at l:lO p.m. by Acting Chai~an Henry Bunce. The following members were present: Mr. Gerald King mud Mr. James Monsell$ absaut: Dr. Leo Goldin and Mr. William J, Mills. A motion was made by Gerald King, seconded by Jam. es Monsell that the petition be accepted to annex into the Village of Greenport 48.7 acres of 1s_ud on the corner of North Road and Moorets Lane as presented by a corporation known as East End Associates. This conforms to an overall plan as suggested by the Southo!d Town Planning Board and agreed to by the Village of Greenport. This plot ;rill be annexed at the highest existing zoning within the present Village Laws. The motion was carried, The meeting adjourned at 1:30 p.m. Respe ct~ully Submitted James i, Monsell Secretary 74B--CeeUfleate of Conducting Business' ~artners. ]) Laws 1948 The undersigned do hereby certify that they are conducting or transacting business as members of a partnersMp under the name or designation of EAST ~ ASSOCIATES at 20 Church Street, Patchogue, in the County o£ Suffolk , State of New York, and do further certify that the full names of aH the persons conducting or transacting such partnership including the full names o£ ail the partners with the residence address o[ each such person, and the age of any who may he infants, are as follows: NAME Specity which are in£anta and :.3...o.**n_n.....J_,..... A~..r_t. ,.....J...r...** ............... Richard A. Schoenfeid Robert A. Seigel R ~ J.~a .......... Ida~.~.3;. .................... state ages. RESIDENCE ..P_e_a.~ L ~P...1. ~...~ ._aD***.e..,.....B_.e_l..1.~..o...r...t..,._~.e_w......Y_o...r..k.. .................. i ......... 108 Shore Road, Patchogue, New York B .e a.v.~r... Dz~ ...~o.a~,....D. ~o.o~v**en~._~.~..w....Xm ~.~ ................. Private Road, East Patchogue, ~ew York ~ .e_Llh. ak .~m. Ro. a.G. ~ ...~ ~..!.[p.o.~.~.~......N_e_W._.Y..Q..r._k. ............................ Jacob Bush '~bh~'**~h*~%~ ................................ Jennin~s Avenue, Patcho~ue~ New York ~i¥ ~¥~7"~*~¥~'"~%~"¥~ ....................................... ~.~A.~.__.~gA~.~...~.~A~_.~_~ y.~ ......................... WE DO FURTHER CERTIFY that weare the successors in interest to no one. ~n ~itra~ and signed this certi~cate. We have thls ~ f day o£ May ,19 7~ , made F.,OU~ ~f Suffolk day of I~ay John J. H~t, Jr. ~ Richard SChoenfeld, ,1970 ,before mepersonal~ appeared Louis J. Scord~nag!ia, Robert A. Seigel, James R. Warner, Jacob Bush, Ronald Bush, Louis Ao Pfeifle and Robert Rosenbtatt to me known and known to me to be the ~d~ described in, and who executed the ~r~o~g certi~cat~ and t hey thereupon severailydu~ acknowledged to me that they executed the same~ / Notary Public, Suffolk County~ New York HELEN K. HOMAN I~otary public, State of New york No. 52-6952200 ~allfied fa Suffolk County ~ ~j'r~,s March 30, 1972 C~ i~ 27 4 S 7 9 ~ "MAP OF I:LE~:. FIE,_D-Bi,£DCm 3 5UF'FOL.14 COLiMTY MAP hi°,135t 5Cnb~-: 100'= I" AP_~A: 48.7186 AC~tES F [V~AP OF' LA~JD ~ U RV ~¥' -lC ~'.? FOE xTV'I Lt4EL irt ,.jO 5EPt--I G F-~ E E l~'J POINT '4