HomeMy WebLinkAboutDawn EstatesSTATE OF N~%' YORK:
COUNTY OF SUFFOLK:
~LPH P. BOOTE~ being duly sworn~
deposes and says that he resides at Southold~ in the
Town of Southold~ County of Suffolk~ and State of New
York; that he is the Town Clerk of the Town of South-
old; thet on the ~ day of ~- ~ , 1957, he
posted a copy of the NOTICE OF AME~DMENT OF ZONING
NO. 2 on the signboard maintained by him pursuant to
To~ Law in ~he Southol~ To~ Clerk's Office et South-
old, New York; ~ha~ such posting by ~m was done pursu-
ant to the provisions of the To~ Law and pursuant
to the Hesolution ef the Seuthold Town Board.
SubscriDed and sworn
to before me this
~ day of ~~,
19%7.
Notary PuBlic
NoTIcE ~S ~.~ '~%~N
~ft~r a' public ilearin~ hc!d pucsu~2t
to th~ ¥cquiremcn~s o~ law. ~hc
:lng Zone Ordinance. (i:~cludinq'
' B~ng Zone A$~ps~ o~ ~he Town .~'
SOU~holfi, Suffolk Court;y, JKew York,
was duly r~mcndcd as t'oilows a~; a
.gular meet~g o~ the Tow~ Board held
~t the Office 'of ~he S~perv~or
Greenport, Ne:W' York',' 0n J~ly 24, 195~:
l OF NAUGL~ '~OAD:, AND' EAST
,$IDE ;0P LUTH~S R~ ~T
$ ~E~E~S~ 1~ SO~I ~ ToWn
rune Board' h~s prepared
~repor~ a~ recomme~tion ~p8n
~ Petition o~ ~wn ~t~ ~nc. ~e~mend
, ~', .,( ..... , ...... ~n~nce:~Gnctud,
m...~: B,m,:r:: Z0~;~S):~'~f the
~"C'; ~ndus~al D~trict ~dert~f
pe~ty ~i~a-t~d~.at :~atti~b~ ~ said
~ Town, and ~. ~ ,: :.
~ERAS, ~qcy heari~ w~ held
SU~htS~" n~ce du~y given) at a. meet-
ing~ of the TO~ ~ard ~t the off~ce.
the~SU~yVisor', 16 ~uth
~ring ~to be heard in laver'or'said re~
zon~g 'and also thor~ de,ring ~o.
he~d ~ 'opposi~ion there~ were given'
~ ~por~[y and were heard ~nd
thereafter the ~public hearing was closed
and ,d~sion re~ed; NOW.
FORE, BE I~ H, ESOLVED BY '~¢~
~WN BO~D that the ~oilow]ng pro-
perf,; be veg~ued from "A" Residential
and .Agric-al(um] District to "C" In-
: dm¢~rial'D~tric~:
ALL t. ha~ tmcL or
situate at i~a~r,~tuc~.
of. Soathold, Couaty of ;~olk
State .of New Yor~, :~unded ~on ~.ihe
. Northwest by land ~rie~ed ~:~
Mat~tuck PetroleUm ~omtion;
~t bY l~nd b~e~ ~ ~ of Isl~d
~phalt company; on the ,South by-
~augles Road? and'On the West 'by
Luthei~ R0~d'~ said pre~~
former!Y par't'~bf the J. q.
Estate and being partifl i~:
~ of what w;~ known as "O}~
i Creekj' and it is [
~UR'~ I~OLV~D ~ha~ ~e Aeces-
S :~,'~' .... chaliges be m~e ~po~ ~'he B~ld- ]'
mg Zone ~.!a~s so as ~
?.. location of said property ~ ~!ng
~ located in "C" Industrial ~ct
defined and regulated pursu~
Building Zone Ordinance
Iht Buildine Zone A{aps)
of Southo!d. Suffolk County.
]and it is
~ PURTH~ [~SOLVED t~at
]Clerk be and hc hereby is
a nd ~r~ted to We the nec~Sa~ no~
'of such change ~ ~- to '~
partmen~s .:and agencies havi~g Juris-
· ]~diction in ~e mater .
[Da~ed- a~ ~uthold ~2~ Y: July 24. 195~_'
COUNTY OF SUFFOLK i
STATE OF NEW YORK ! ss.
Frederick C. Hawkins, being duly sworn, says that
he is the owner and publisher 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 Zraveler-Mattituck Watch-
man once each week for .: .... ..,_ ~,,~../~,g/~.~.... ee~'
successively, commencing on the ............. /....~......' ......
day of .~/~ ......... 19..~....~-~
·
Sworn to before me this ........ .~-. ,.~...i day of
........ .
/ .......
ADELE PAYNE
Net~ry Public, State of New Yori~
Residing in SulfoJk Couaty
No, 52-3041000
Commission Expires March 30, 1959
T~ ~OARD
T0~ 0P ~O~OLD
Greenpo~t, N. Y.
July 2~, 1957
P r
NOBF~N KLIPP, Supervisor
~NRY A. CLABE, Justice of the Peace
H. H. DE~T, Justice of the Peace
BALPH W. TUTHILL, Justice of the Peace
LESTEEM. AIBERTSON~ Councilman
R. G, TERRY, Jr., Town Attorney
RALPH P. BOOTH, Town Clerk
2
SUPERVISOR KL~PP: I will open the public hearing
a~ this time and read the legal notice of the hearing
on the proposal to amend the Zoning Ordinance.
D~rsua~t to Section 265 of the Town Law mnd Article IX
of the Building Zone Ordinance of the Town of Southold, a
p~blic hearing will be bela by the Southold Town Boerd et
the Office of the Supervisor, 16 South $~reet, G~eenport,
New York, on Wednesday Evening, July 24th, 1957, at 7:00
P.M. (E.D.S.T.), on ~ne following proposals to amend the
~ailding Zone Ordinance (including the Building Zone Maps)
of the Town of Southold, Suffolk County, New York:
1. By changing from "A" Residential and Agricultural
District to "B" Business District the following describe~
property:
ALL that tract or parcel of land
situate, lying and oei~g at Southold,
in ~he Town of Southold, County
of Suffolk, and State of New York,
bounded on the North by Main Street
150 feet; on the Ease by land of
Annie F. Bart 125 feet; and on the
South by land of Annie F. Ba~r
125 feet; and on the West by Locust
Lane 125 feet.
2. By changing from "A" Residential and Agricultural
District ~o "C" Industrial District the following described
ALL that tract or parcel of land
situate, lying and being at Mat-
Oounty of Suffolk, snd State of
New York~ bounded on the north-
west by land believed to be of
Inlet; on the East by land be-
lieved to be of Island Asphalt
ing formerly pa~t of the J. Q. A.
Any person desiring to be heard on
amendments should appear at the time
specified.
Dated: July
1957.
BY 0F~EH OF ~
SOUTHOLD TOWN BOAP~
RALPH P. BOOT~{,
TOWN CI,FvBK.
the proposed
and place abo~e
SUPERVISOR KLIPP: i Dave the affidavits of publication
in the two official newepapers in the Tow~. Apparently
there is no one here on the Southold application, so we will
taka the Mattituck application. The property is in a place
that is practically surrounded with industrial development,
and by resolution of the Town Board the petition was sub-
mitted to the Planning Board and recommendation asked for,
amd I will read you the recommendations of the Southold
Town Flanning Board:
"P~port to Southold Town Board, Southold, New York.
"This is to certify that the following action was taken
by the Southold Town Planning Board on June 18, 1957; re-
to change f~-om
five acres of
speak in
A~DP~W
Now, at this time is there a~vone present who wishes
£~wor of this change of zone?
J. LIANZA (Representing Dawn Estates): I have
inepeated that parcel myself, that 5-ac~e parcel, and I
agree with Mr. Wiekham in his recommendation that it has no
other use possible except industrial use for all practical
purposes. I guess you gentlemen all know where the
Mattl~uck Petroleum Com~ar;y is, and tha~ is Just north to it,
and the industrial use of that area bbs been going on for a
number of years. Island Asphalt Company and Colonial Sane
and Gravel have the right-of-way in this parcel to Luther Rd.
property is fouad to be very sandy, low lying property,
bounded on the west by Luther Road, on the North by
practical usa of this property would be for industry;.
With this in mind, the Southold Towm Planning Board
· recommends to the Southold Town Board that ~his ~equest
5
which right-of-way would be for industrial use for sand and
Erevel, and the= would eliminate it as residential and make
it worthless as e~ch. And the reason for the request made
by Dawn Estates, Inc. is in order to save the value of that
property for that proper use. The soil and the subsoil
of thmt property is not adapted to any building that could
be carried on. It is very law and saudy coil, and it
fronts on the Inlet and the Iniet is now being built, and
that is the purpose for which this ~hing is adapted and for
no other.
SUFE~VISOR KLIPP: is there anyone else who wishes to
be heard in favor of?
(There wes no response.)
SUPEPf~ISOR KLIPP~ A~vone opposed to?
(There was no response.)
SUPERVISOR KLiPP: If there are no ether persons who
wish to be heard in favor of or in opposition to we will
close the hearing et this time for further deliberation
of the Board.
6
SUPEE~ISOR KLIPP: Now~ the other request for a change
in zone is the request of Horace Kyser, who is the owner of
certain real property situated in Southold, New York. The
~equest is for a change of zone from 'fA" Residential and
Agricultural District to "B" Business District. Such reques~
is made fan the following reasons: Applicant wishes to
erect a modern service and gasoline station. This is sig~ed
by the applicant-petitioner Horace F~vser.
At this time I will read the recommendation of the
Southold Town Planning Board:
"Report to Southold Town Board, Sauthold, New York.
"This is to certify that the following action was taken
by the Southold Town PLanning Board on June 18~ 1~575
req,~est of Horace Kyser for change of zone f~om "A" Residenti
al to "B" Business° Location of property l~O ft. or 125 ft.
on Main Road and Locust Lane, Southold. Request to erect
modern service and gssoline station.
"It is the determination of the Southold Planning
Board, particularly in view of the cooperative attitude
of the owners of this
granted."
This is slg~ed by
Town Planning Board.
SUPERVISOR KLIPP:
property, that this petition be
John Wiekham, Chairman, Southold
At this time, is there anyone who
to be heard in fewer of the proposed change?
(There wes no response, )
M~, HOWARD ~£~.Y: There is
a little history previous
to this being in the Planning Boerd minutes. They wrote to
me last February, leoE before Zoning went in about regulation.
on gas stations in the Town, and at that
a letter telling =hem There was none but
zoning such gas stations would be subject
and on that :basis ~hey stsrted.'
MR. ALBEBTSON: Another thing might
Time I wrote them
if they did adopt
to regulations,
be brought up at
~his Time is the fact this deal undoubtedly had been com-
pleted before zoning want in: sod had it not been for the
fsst that we, as a Town Boa~d, were quick to c$1i for some
people were good enough to hold off closing title to see
was not signed until after the zoning was put in~ and
because of that I think we should go along.
SUPEFJ~ISOR KLIPP: Anyone wish to be heard in opposition
Hearing none, I will close the hearing at this time for
further deliberetlons of the Board.
k?5 N i~%rG OIiD~N A~rCE
Fm-smmt to Seet. i(m 265 o~ t. ho~
'Tov;i'z J~;.x~' hi'Id Article IX or t. he~
Buitdin~ Zone Ordinance
Town of ~ou~hold, a pubUc I~ear-i
k~g: will b(~ hcld b3: the [~m.d, hold
,'l'c~<';~ Board at the Orlice of the
SupergZso':, i0 ~oui. h ~'i;raei:., Grotto-
port, New '~'orK. on Wedncsd-~y
~ (~.D.t.r'.), ox~ il~e fo!o,c,'h):~' prcpos-
(old, f~uffc-~k County, !C~m' York:
~!. By chan~ing from "A" Residen-
~tisl and ~k~'ricultdral District to
~"Jg" )~a,}h~css D.k~i. rim. thc ioi!ow-
~,in)l' dcscribed property:
~ ALL that tract or parcel of hmmfi
~ ,~,.,~t,,, lying' and beinx al. Seuth-
~ old, in ~he Tuwn or 8outnold,
r,u~,olx, and 8~e o~
- Cou'nty of '~''~* '
STATE OF NEW YORK,
~ ss:
COUNTY OF SUFFOLK,
....... .......... swo ,
says that ...... ~c/ ........ is Printer and Publisher of the SUPFOLK
TIMES, a newspaper published at Gree~port, in. said county;
ancl that the notice, of which the annexed is a printed copy,
has been published in the said Suffolk Times once in each
week, for .................... : ................................ ..~..~c--~-- ................................ weeks
succesmvely commencing on the ........ ~~..-: ....................
day
of
Sworn to before me this ...... Z.?..~.J.~.....:_. ~
By changi:~g from "A" Rmeslden-
~tial aBd Agrk'.ultural District to
"C" 1L!dusl,ria!,~**t-r'.ct ....... the follow-
ing' de~n'ibed i;roperty: .
:.:.~a~ tract or parcel of la~d/
mtuaCe,' lying' · -'..nd being', at Mat.
ti~u~k, in the Town or Sogt~01,d,:
County 0'2 Suffolk, and l~tate, off
New York. bounded on the ,north-
New York. bom:.d,::d on the North (~ ~ ~ ~, ~
by Main r, tmtee~ 150 feet; ontha day of
a'~5 F'e:g' on he Smth b~ land~ ~--%7~c/ .... 7 '
o, An, · } Bart ia0 tee%; and ./ ~
...... ~ f~¢~ ~ ~
on tho West by Locust Lane 125 ?~' ~
~. ~V ............................ ~'~'~L' D7 ~gt~?~N;g .......................
~+nry PuBlic, grate of New
feet. ~ ~e--~ ~i,~g Suffolk Co, Clks. No. 52-942360~,.
MF ~mmission Expires M~ 30,
west by iand believed to be
MattitmUCk Petroleum Co~ra
tion; on the North by Mattituek
Inlet; on the East by land be-
lieved !o be o~ island ~sphalt
Company: on th:~ 8:>uth by
g!es ~>ad; and on thc~ West
Luther',s; l{oad said premises be-
in2 formerly part of the
Ward Estate and bein7 partly
the br:d of what was known
"Old i-iouse Crock."
Fray pc:'scz~ deslri~g to be hm~rd
o1~ ti~3 proposed amendm.?nta
shoald appear at the I.BQIO and
plato above sp?~ified.
Dated: 7u17 2, 195~
EGUTI-TCLD ;TOWN BO~ EtD
RALPH P. 3OOl'it,
TOB~ ClX~K 2tJy!2
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AJL:a!
ANTHONY J. LEANZA
COUNSELOR AT LAW
Street,
Er, cls.
i=o~ld you kindly n~i£7¢ me oS' the a~te of he~ring,
when %he same shall be set, and if you requi~e au5'
ANTHONY J. LEANZA
.ynne 8tk, 1957.
Village Wall.
petition z'or Zbning
Varis nco f~
Dear
I um enclosing herevith two copies of the
involved ir the oetition of D~ Estates, I~c to do.~u
Very t~uly yours,
/ ./~ ;,
In the ~¢atter of the Application of
DAWN ESTATES, I}~.
Amendment to the Building Zone ordi~e-uce
of the Town of go~thot~. . ....
PETITION
TO: T~E TOW~,~ BO~-RD~ T0~N OF SO~THOLD:
p~titioner, herein, a dominic Oorpoz~atlon, duly orgauized
under laws oF ~ Eia~e o~ ~ew york, ~reby ~l~ions ~ Town
Building Eo~e O~nc~ ~ecsn~y enac~e~ by ~ To~n of Sout~old,
~d re~peoSF~lly sub~s ~ followinE:
1. Pe~i~ione~ is ~ o~er of an ~improved p~cel
i~et~ Town oF ~ou~hol~,~.Goun~y of suffolk aud
and bounded on t~ No~t~est by ~a~tuck ~role~ Co~p.,
Eas~ by. Isled Asp~lt and e~ t~ Sou~h by Eaugle~ Eoad and on
the No.th by ~t~i~uck I~e~, on ~ ~ea$ by Lu~her,s
parcel bein~ ~orme~ly p~t of t~ ~.~A. ~d Estate and lies
ps. fly in t~ bed o~ w~t was ~o~ aa ~01d House C~eek~.
2. A~ t~ p~e~en~ ~i~, p~uan~ ~d ~es~io~ions ~e~ forth
in t~ recently e~c~ed Build*~ Zone 0~din~ce of $~To~
Sout~ld, m~zQ parcel liss in the "A" ~
location undesirable as a rseidantial site fo~ which .i~ is
presently res'~icted £e~ ~h~ ~aeons and conditions ~he~einafter
(a) The parcel in 9ue~zon z~ a~Jo~ned on tw~ ~o~hwes~
(b) The pg~cel i~ question is subject to an ur~est~ic~ed
Righ~-0f-~ay easement fo~ !~e~s and e~e. ss in favo~ of adjgin-
i~ presses 0n t~ East, now occupied by Island Aap~lt, and
also upon p~el fo~ly occupied by Coionial sand and G~avel
Co.any fu~ ~o tl~ East.
(c) 3 ' Th~ subsoil ~u~e and location of ~he p~eel in
question ~gn~i~ on said Ma~t%~uck I~e~ and bou~d ~diately
on two sides by existing industrial users and subjected ~o
may be mefePred to as an "~n~um~ial.aooess easement" ~d lying
(d) T~t exgep~ for the i~dust~ial users su~ro'~di~
improved ~d con~ins ne p~ularly desirable residential sites
w~, ~ti~ioner p~ay~ tl~s Bo~d to exercise ~he
pewer ~d authority conferred on i~ by ~icle LX of t~ Buildi~
i~poaed by maid 0~din~uce ac as to include the lan6s herein
petitio~d For in the "C" Industrial
Dated: ~y 28th, t9%?.
STATE OF ~ YORK
COUETY OF 8u~'i~OE, K
~ERNARD F~Pr~AN, bein~ duly swoPn, deposes and st.a~es
Inc., ~ petitioner ~rein and ~t
To~k, and ~t h~ ~$ read t~ fo~eEoir~ peri,ion as ~o all
~t~m~a therein and ~ows i~ ~o b~ ~r~e, excep$i~ as to ma~e~s
Forth on informa$ion ~d belief
betieve~ i~ to be t~ue.
this Z~ dry or May, t9%7.
No,sty' Public