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Home My WebLink AboutRosenburg & Muir Amend. 11petition was heretofore the Town Board of the 'Town of Southold by · "~ led~ ~. with requesting a chan~e, modi~ .~. ~.catio~A and amendment of the, ~.uildia~ Zone Ordinance includin[~ the ,made a part District to described ~i~el'eof by chs. nging from ?"!'? Business '.., ............. .j~._%?.~.'.::..:.: ....... - ..... t __:-' _"-_z~_.~-~. - .......... _, ]__ ~ ...... · tn amid petltlon, and Building .done maps District the property said petition wzs duly referred to the Planning Board for its investigation, recommendatioG s nd report, ~nd its report having been filed with the Town Board~ and thereafter, a public hesri:.~g in re!~tion to said petition having been duly held by the Town Board on the .... ~_~ ..... day of ;:_:Uoyg_~ber__: ................. 19 5_.~, a nd due deliber- atlo~.ha~ing been had thereon NOW TH'~'~;.HEFORL, B~Z iT that t~:e relief dema~.'~ded in s~.id petition be, ..:ond it hereby is denied. Dy Order of the ~{arch 25, 1958. [~alph P. Booth ~own Clerk Southold Town Board. after ~ me ~ng held ~at I9§?;' b.y COUNTY OF SUFFOLK ~ SS. STATE OF NEW YORK~ 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 'Fraveler-Mattituck Watch- man once each week for ......... -:... wee~ successively, commencing on the ........... 2.~.~ ' '~. ..... ............ ,..:::'i..T. ~ .~.-.: .c,. Tr.: .?:fi_. !..: ~-.,:-,-,.-: .IL f..'. ~ (:. :. :.-..-'. ........ _/ff" Sworn to before me this ......... ~..~..x ......... day of ..... :m. ~?~ .... ~. ....... 19. -~ eoeeeoe Notary Publ ADELE PAY,.,E c~,~ cf ~le'...,~ York Notary Public, ~ .... Resid'ng in S::'io;!-; County No. 52-3u. 4 i03'3 Commission Expires [,~arch 30,. t959 v · ~n~._,.~;~.,AS ~ a petition w~ s heretofore the Town Board of the 'Town of $outhold by ~,lth requssting a ch~nze, modlflcatio~ and amendment of the Duildin~ Zone O~d. lnance includinfl 'the msde a ~rt ~"ereof by cbs nging from District described L. uilding done m~ps Dis%rict the property said petition w~s duly referred to the Planning Board for its investigation, recommendatioa ~nd report, ~.nd its report havin~ been fi. led with the Town Board~ .and thereafter~ a public, he,ring in rel~tion to said petition .having been duly held by the Town board on the day of _._.__NO~9:mb_~r:_:.::_:__~. ._ 195_~, and due deliber- a tio~,.hagin~' been had %hereon NOW, TH.~',H~FOR~'~ Br:~ i ,-,oOLV~D that t~:e relief dema.~'~ded in said petition be, .::nd it hereby Southold Town Board. Order of the i ~';.iarch 25, 1958. [~alph P. Booth own Clerk is denled. petition w~s heretofore ~iled the Town Board of the Town of Southold by ~lth requesting a chanze, modificatio~ and amendment of the Building Zone .Ordinance includin~ the L. uilding Zone maps made a ,par~ ~-ereof by changing from .D!s~rict the property said petition w~s duly referred to the Planning Board for its investi.~ation recommendation ~nd report, n.nd its report havin~ been filed with the Town Board~ and thereafter, a public hesring in rel~tion to said petition .having been duly held by the Town board on deliber- a tio~.~ha~in~ been had thereon ~,~OW, TH'.~:;REFOr~;.:, B~Z IT R,~]SOLV:.E-D that relief dema,~-~ded in said petition be, ,:ond it hereby is denied. Dy Order of the ~arch 25, 1958. ~alph P. 5ooth Town Clerk Southold Town Board. 1Vi~ZT~ NO. 11.-~' -~ after a pu~ h~ held s~ ~ ~ r~~n~ ~ ~w,. of. ~e T~n ~ ~u~ld, .~~, N~'Y~k, W~ d~ ~end- ~ ~ ~of.~e~ ~~, Gr~n~,~ ed. ~~: ' ~, ~t ~ or ~ ~f ~nd ~, ~ ~e ~..~.~old, N~ ~ a .~t. ~ ~ ~u~ly ~l~e ~ .~~ ~ !~.11 ~ne' fr~ ~ ~ly B~ of la~ Avenue .~. ~~ th~. ~o~ ~e~ ~~ ~ .of ~ ~ ~.~ f~t ~ ~d of~, ~~ ~d ~~ ~ a p~' ~ ~; .~en~ ~erly~ the ~~ ~ ~ ~ ~ay ~5 f~; ~e~~ o~er ~t ~~. 1~ ~ ~e o~ h~ '~r m~k ~ ~r~ .~ s~; ~n~ ~ ~e 0~~ ~h wa~r: ~k of ~r~g no~~ ~ut ~ ~eet; ~e w~r~ ~t ~ ~0 feet; ~e ~u~y ~.~ f~t ~ n~e~y ~e .~ B~ge Strut; ~e~ '.~ong ~e n~ly '~.e of B~e St~t ~u~ ~3 d~s 46 ~n~ .~ .~n~ ~t. ~ feet ~re or le~ ~ ~d. of ~d; thence ~ong 1~ of ~d, and O~e~ no~. 1~ d~s 33 ~u~s 20~con& w~t' ~7.29' ~ ~e ~t or ~e of ~n~n.g.' D~d JanuS..7, !958. BY ~ER ~ ~ ~ ~RD,' ~H P~ ~, ~ C~K.- lt31' STATE. OF NEW YORK, ] ~ ss: COUNTY OF SUFFOLK, -'-~f ~ ~-.., ~: ~:--~. ~.~- ~-~-~-- being duly Sworn, ........ ~.-~.....'....? .'...~. ~A. :. ~ .... l ....... r ...... . ................................................. ,j says that .... [~ .......... is Printer and Publisher of Zhe SUFPOLK TIIV[F,I, ~ newspaper published at Greenport, in said county; and that the notice, of which the ~nuexed is a prinZed copy, has been published in the said Suffolk Times once in e~ch ~ '~-~ week~ week, for ............................................................................................. /'"; ..... successively commencing on. the ......... ~/-i.~:~. -.-~ ........... of ~-: ~ ~-~.~:.....~; ......... 1 9..?..d. ...... Swo.rn to before me ~ ...... :~..!.--~- - ....... day of .j .~.~ ..................... ST&MLGY. 4{~-~01~V{# ..................................... ]lotary Pub~!~. _., ~e of New York No. 52-5~2~':': .'?~.~ffolk Comity My Commission Exi.'.i; c~ f~?.rch ~0, 1958 SOUTHOLD TOWN CLERK'S OffiCe RALPH P. BOOTH, Cl.ERK REGISTRAR OF VITAL STATISTICS SOUTHOI.D, N. Y. STATE OF HEW ZOI~. SST COUNTY OF SUFFOLKI RALPH P. BOOTH~ being duly svornt deposes and' says that ho resides at $outholdo in the Toun of ~utholdt County of Suffolk9 and 8tats of lev Torkj that he is the To~n Clerk of the To.Mn of 8o~4ho~dj that on the 31 day of Janq 19 5~ he posted a espy of ~he NOTICE OF A~HDHEHT OF ZONING lO. 11 on the sif~zboa, rd maintained by h~m pu~s~ant to ToMs Lay ~n the 5outhoXd Town Clerk's Office at SouthoXdt New Torkj that sueh postZn~ by h~u vas done pursuant to the provisions of the Town Law and pursuant to the RosoXut~on of the 5outhold Town Board, Subscribed a~d svorn to before mo this ~ · day of .._ 3'a.n, ..... , i9~. RESOLUTION ~ F~condod b~: RE AMEND~T TO ZO~IN~ ORDINANCE tho $outhold Town F lanning .i official ~opo~t and ~ocmmnondatton upon , ,, John A. Mul~, GooI'EO G. Mui~ and A. B. Bu~ldlng Zone ordinance of the Town of Board has p~opa~od an tho pot~t~on of Hohenberg, to amend tho BouthoLd~ Suf£olk CountF, Now Yo~k, by changing from "A" Hos~dontia1 District to "B" Business Dist~ict, coat&in ' afto~ described ami Ag~lcult~al real p~opo~t¥ herein- and, Who~oas t.he Town Boa~d, afto~ duo oonsido~aticm of tho matto~, decided it was. to call a hea~tng pursuit to tho provisions in tho public tntoeost o~ the Town Law in s. aid o~i~~oo and ~h~oas such hoa~~ was hold (putout to notice duly givo~j at a mooting of tho Town B. osmd, at the office . of tho S~pox-viso~, 16 South Street, G~eonpo~t, Now Yo~k, ~n Novombo~ 25, 1957 at ? P.M., at w toh tlmo all persons des L~ing to bo hoard in favo~ of said those do sLvi~ to bo hoard in ~ oppo~t~ttty and wo~o hoa~d .and 'closod and dooision rosorvod; NOW, THEREFORE.- BE IT amendment and also all opposition thoroafto~ RESOLVED by ': of $outhold, that tho Building Zono Building Zo~o Maps) of .tho Town of thereto, wo~o given tho public hoa~ing was tho Town Boamd of tho Town Ordtnanoe ( including the $outhold, Now Yo~k, bo amended by changing f~om "A" "B" Bu~lnosa cultural District to dooo~Ib od p~opo~ty~ S~ffolk County, Ho sidontial and District, tho f el lowing ~ All that t~act o~ pa~oel of land sttmate, ly..ing and being at G~oonpo~t, in tho Tom~ of $omthold, County of Suffolk~ and State of Now Yo~k~ bounded and described aa followa~ - 1- BEGINNING at a point on the s~ut'ho~ly line of Champlin Place 100,11 feet easterly along t~ said southo.~ly line fx~m the easterly line of Atlantic Avonu~ and ~unning thence along tho southerly line of ChamplAn Place north 69 degrees 42 minutes east ~46,~? feet to land of :P~eston and Chapman and a p~.oposod h~hway to be knom:~ as Robinson Roads thence so~tho~iy al~g the we.archly lin'e of eald p~op-osod h~ghwa, y ?~ foot; rhone e along otho~ land of P~oston and Chapman ~9~ feet mo~e or lo. sa to th~ ox~.lna~y high water nm~.k of Ste~ling Basin; thence along tho o.~.d~ h~gh wato~ ma~k of eto~ling Basin northwesterly about '-4.~-..eet'j th.once westerly about 70 £eetJ thence southerly about 1[~3 feet to tho northerly line of Bridge Street; thence along the northerly line of ~idgo Street south 73 dog~oos 46 40 aooonds west 40 foot mo~o o~ loss to land of 0~~ud$ along land of 0~mond~ K!Ipp and othcPs no~th 17 dogmoos ~0 ~eoaca,~,ds west 2~7,~9 foot to tho point o~ place of minutes thonc.'.o 33 ~nu~oa bogLnn~, A~D IT IS },~RT~R ~''''~''' n~o~LVED, that the noe.ossa~y changes bo made upon the zoning maps o£ tho Town of Southold so as to indicate tho loeation of said p~per~y as being located in and it ~s £u~thom Po solved that tho the Town Clo~k be, and ho hereby is, autho~Lzod and notice of such ohangoa directed to give in zoning to the d opa~tment.$ and agates having Ju~isdicti~ in the matto~, -2- PUBLIC HEARING TOWN BOARD T-OWN OF SOUTHOLD Greenport, N. Y. November 25, 1957 Present: NORMAN KLIPP, Supervisor HENRY A. CLARK, Justice of the RALPH TUTHILL, Just ice of ~he LOUIS DEMAREST, Justice of the Peace Peace Peace LESTER ALBERTSON, Councilman RALPH P. BOOTH, Town Clerk R. G. TERRY, HOWARD TERRY, Town Attorney Building Inspector 2 SUPERVIS OR KLI PP: I will read the notice of hearing on the next matter. NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, a pu'~lic hearing will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, on November 25, 1957, at 7:0'0 P.M. on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York: to By changing fr~ "A" "B" Business Distrlct Residential and Agricultural District the following described property: PARCEL 1: All that tract or parcel of land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bonnded and des- cribed as follows BEGINNING at a point on the southerly line of Champlin Place lO0.11 feet easter2y along the sa id southerly line from the easterly line of Atlantic Avenue and running thence along ..t.he.southerly line of Champlin Place north 69 degress 42 minutes east 348.37 feet to the land of Preston and Chapman and a proposed highway to be known as Robinson Road; ~hence southerly along the westerly line of said proposed highway 75 feet; thence along other land of Preston and Chapman 195 feet more or less to the ordinary high water m~rk of Sterling Basin; thence along the ordinary high water mark of Sterling Basin northwesterly about 45 feet; thence westerly abo~t 70 feet; thence southerly about 150 feet to the northerly line of Bridge Street; thence s long the northerly line of Bridge Street south 73 degrees ~6 minutes ~0 seconds west 40 feet more or less to land of Ormond; thence along land of 0rmond, Klipp and others north 17 degrees 33 minutes 20 seconds west 227.29 feet to the point or place of beginning. PARCEL II: ALL that certain piece or parcel of land, situate, lying and being at Greenport, Town o£ Southold, ..~.~ounty of SufFolk and State of New York, bounded and as follows: described BEGINNING at a point on the corporation line of the Village of Greenport, where said line is intersected the westerly line of Beach Road, as widened by the Town of by $outhold on November30, 1954; and, running thence along said C orpor a t i on line northwest, 5~ degrees 33 minutes 50 seconds, 160 feet more or less to the ordinary high water mark of Sterling Creek; running thence in a northerly direction, ~t.hen n-orthwesterly and then southwesterly, along the ordinary high water mark of Sterling Creek, 475 feet more or less to a point where the said ordinary high water mark again In. er- sects the Corporation ,-_. ~ne of the Village of Greenport; running thence northwest 54 degrees 33 minutes 50 seconds along the Corporation line of the Village of G~eenport, 225 feet more or less to a point on the southeasterly ].ine of land.' of the Town of Southold; running thence along land of the Town of Southold northeast 33 degrees l0 ~nin~tes O0 seconds, 180 feet more or less ~o the southerly line of Beach Road; thenc~ along said Beach Road, five (5) courses, as follows:- (1) east- erly on a curve to the left, having a radius of 446 feet, distance of 283.15 feet; thence (2) south 83 degrees 15 minutes l0 seconds east 113.47 feet; thence (3) southerly on a curve to ~he right ha~vlng a radius of 77 feet, a distance of 106.03 feet; thence (4) south 4 degrees, 21 minutes 20 seconds east 267.11 feet; thence (5) southerly on a curve to the right, hay- lng a radius of 160 feet, a distance of 69.25 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. DATED: No vembe r 4, 1957. BY ORDER OF THE SOUTHOLD TOWN BOARD, RALPH P. BOOTH, Town Clerk. SUPERVISOR KLIPP: The affidavit of posting and publication are on file. I might read. you parts of this. STANLEY CORWIN, ESQ., (for the Pet it loner ): Perhaps I can say somethi~ to be helpful. SUPERVISOR KLIP~~: Yes, this is a kind of a long affidavit. 5 MR. CORWIN: I think I can explain, perhaps without even the necessity of a map, to the gentlemen, the . of parcels tha~ are set forth in ~he petition. multiplicity At the time the petition was fi led, the Boa rd was about to consider an application to amend an adjacent piece of property, and we put this petition together rather hastily in the hopes that the Board might be persuaded to take them all at the same time. As things turned out, that did not happen. The application was presented to you in such a way that it could be considered alternatively. The first three parceIs have been adjusted by the consent and cooperatior~, if I may say so, between the Town Attorney and myself, after we dis- cussed the problem of publication. We did not want to clutter up the record with several long descriptions when one would S eI"ve. And so the three descriptions, the first two parcels referred to in the petition were combined as one. They then were and now are in the .hands of different owners. In other words, there are more than one owner of the three parcels. But the owners of the parcels Join together and ask that the. Board consider this as one application, quite independent of the matters that were set forth in paragraph P of the petition-, which had to do with anot~ parcel which we will discuss later. The three parcels are actually combined into one, at the head of the creek. They are the parcels on either side 6 and at the head of the creek where it reaches up into Champlin Place. At the time that the zoning ordinance was adopted the parcel on the west side of the creek and at the head of the creek on the north side had already bulkheaded in and were being put to a business use as a marina. The wa lis were in, and sonde of the docks had been put out, and the property was being used for that purpose at that time. SUPERVIS OR KLI P P: That is Parcel !, is it? MR. CORWIN: It is Parcel ! in the publication. There are three parcels in the petition that have been combined as Parcel i in the publication. At the time the Zoning Ordinance. was adopted we were first aware t,hat publication was being made of it. We immediately wrote a letter to the Building Inspector and the Chairman of the Planning Bpard pointing out that the property was then in the process of being developed for that purpose; that it had been acquired for that purpose, and it was being put to that use, and a substantial sum of money bad already been put into it to make it into a umrina. I don't think that there is any question about that on the part of anyone. Now, we are asking the Board to consider that application independent of anyone else in the petition. It was presented to ym in t?mt Way. Now, we also asked, in connection with another paree! of land down here, what is known as Sandy Beach, for an application t.o change that land to a b~siness zone instead, of a residentiai zone. I will come 7 back to that later. What I would like to say is that we also felt that inasmuch as the Chapman and Preston Interest~were making application_ for a c~''~,~,~n~?eo in the middle of this area, and we were asking for a ci~ange on th~ north end and another one on the south, whether the Doaz'd ~',~ight feel it would be the proper t~ing to zone this area between the creek and0cean Beach Road and Champ].in Place as one business a. istrict. That was referred to the Planning Board, as I 'understand it, and. they felt, if I am not mistaken, they did. not want to recommend to this Board that that be done. It was for that reason that Mr. Terry and I were a'ble to stipula~0e so agree- ably that the petitions be reduced to tl~.e two parcels that are set forth i.n the published, adv.ertise~ent. We have dropped our application in view of the action taken by the Planning ~ication to zone this whole entire Committee; al. topped our a parcel.. Now, some of It you have already changed to a Business Distrtct. That is the parcel nor th of tl~e St. Agnes Cemetery fop which imx%km Preston and C~hapman made application to this Boa rd. Now, the Supervisor was before the Planning Board at the time that they met on one occasion, at least, to consider this app]Icatlon, and I believe that there was no objection at all to the propo~d that their consent be given, or their recommendation be given to the application to amend the 8 Zoning Ordinance so far as it affected the parcel at the north end of the Creek. SUPERVISOR KLIPP: That is Parcel I. MR. CORWIN: That is Parcel I. Now, I reiterate that the Board consider these entirely separate, one from the other. If one were granted and the other denied, why, other than we hoped both would be granted, we have no obJectian to that procedure being taken. We consider them as separate applications and we brought them into this Board at one time in the interest of saving time and killing two birds with one stone, so to speak. Now, I think this situation may exist with respect to the application at the south end of Sterling Crees and in back of what we speak of as Sandy Beach. The parcel we have asked there to have zoned for Business is a strip of land that runs along Beach Road as it curves around that branch of S'terllng Creek, and it runs from a piece of property tha~t is owned by the Town around to the Village line. That property was acquired, by the owner before the Zoning Ordinance for the express purpose of developing it for Business. This Board was made aware of that fact on at least one occasion when Mr. Muir and I appeared and asked that consideration be given, that favorable consideration be given to this application to do some dredging around there that would affect the marshland which was owned by the Town. We intended to dig it back and use that dirt to fill in the adjacent lands. So, I am sure that regardless of how the Planning Board and the Zoning Com~nission may have felt about it at the ti~'~e they adopted the Ordinance, that it came as no great surprise to this Board that an application was being made for a ct~ange of zoning since I think it unquestioned that you knew our purpose and intent. t think that all of you must be quite well aware of what the topography was in that area. There was a little upland, very irregular in depth along each road. The greater part of the land that is abutting the ordinary high water line is what we speak of as bog. It is nothing else than muddy land with a little of this .green grass on_ it. It is not a piece of property that can be devoted to Residential use, or certainly not to the farm use, without the expenditure of a very, very substantial amount of money. It is going to take a good deal of money to put it into condition for which it can be used for a business purpose, but it can be used for that purpose by the expenditure of substantially lesser funds than if it were to be devoted for a residential district as we regard it. Now, our appli- cation to this Board is based on the fact that that property was purchased for a known purpose before the Zoning Ordinance went into effect. That some negotiations were had between the owners and the Supervisor on behalf of the Board for permission l0 to use pars of your land for dredging and you knew, I am sure, what our intent and purpose was with respect to that area. Now the land in that area on the opposite side of the Village line is in "A" Residential District. At that point the Village line runs through that branch of the Creek and on the other side of it there is the Sandy Beach summer colony. Now, that property is not the direct concern of this Board since it is in another Jurisdiction. The Village Board, I know, is aware of this application, havlng been notified of it. The matter was given formal consideration and the Board elected to do nothing before this application. They are not opposed to it. Similarly, when this Board notified it that there was an application before it to amend the Zoning Ordinance with respect to the the Village Board not only had other proPerty on the Creek, but no obJection,^when the owners appealed to it to a similar change, they readily granted it. We feel in view of all of those facts, that all of the' fairness and all 'of the equities a~re with the applicant, and that the petition should be granted, and we most respectfully u~ge that you do t~h~t. SUPERVISOR KLIPP: There is Just one thing I would like to clear up: the Board's knowledge of' what this parcel west was to be used for. I think the Board had some knowledge there was a dredging project to be accomplished over there which would affect our property adjacent to it. But if my ll memory serves me right, I don't, being told of the purpose for which the property was being used. Is the~e any member of the Boa rd remembers that? MR. CLARK: All he asked, would we go along with him to dredge that out o That is all I can remember. If he could use our land to fill in on. MR. MUIR: I don't think I made any direct mention of any use it would be put to. MR. CORWIN: I would like to say this: as far as stating a member's understanding must have been in connection with the dredging I am sure Mr. Muir asked also if you would object to his digging out the channel in the grant of land under water you owned to the northwest there. SU PERVIS OR KLI PP: That could have been. MR. CORWIN: Since he did ask for that permission, and that was granted along with the o~her application. i say that because I think you must realize we were not digging out a channel there for any other purpose than to make a waterway. We weren't going to dig that mud bottom to fill in for the purpose of building houses on it. Perhaps it may well be my recollection errs from ~ Mr. Muir' s, but I don't think we did say in so many words we were going to make a marina there, but I think from the administrative knowledge you must take from the situation on the ground, plus those other factors, you must realize we are not coming before 12 you on bad faith and say we have changed our minds after the 'Zoning Ordinance has gone into effect. That is not the purpcs~ at all. SUPERVISOR KLIPP: That is the purpose for which it is going to be used, a marina? MR. CORWIN: Yes. I might at this time -- we got a little confused here I think on the different parcels -- Is there any question in your mind or the Board,s mind as to where Parcel I is located? MR. ALBEHTSON: I would like to see a map of it. SUPERVISOR KLIPP: That I will say was started prior to the time of zoning. It is right at the head of the Creek. I might read the recommendation of the Planning Board. I think this applies to Parcel II. This is to certify that the following action was taken by the Southold Town Planning Board on October 15, 1957. Petition of John A. Muir, George D. Muir, and A. F. Rosenberg, all of East Marion, N. Y., for a change from "A" Residential and Agricultural District to "B" Business District that property situate and bounded by Beach Road and Sterling Basin, Greenport, N. Y., par't two of petition. It .is the determination of the Planning Board that we recommend to the Town Board that the parallel strip, 300 ft. wide, .next to the southerly line of the Town of Southold, be zoned "B" Business and the remainder of the p~operty fronting 13 on Beach Road remain "A" Residential and Agricultural District. This is signed by John Wicid~am, Chairman of. the Southold · Town Planning Board. (The ~ap was discussed.) MR. MUIR: it was more or less mutually agreed between us that that would be a satisfactory sol'ution. The only va ue of the property is the water and the cost and expense of getting sufficient depth of water in there would not be warranted if it was all residential, but if we can get a ~00 ft. strip of business property why then it will warrant doing the dredging, and. they seemed to think that that was a satisfactory solution. SUPERVISOR KLIPP: They are recommending a port ion of that which was asked for, is that right? MR. H OW ARD TERRY: That ' s r i ght. SUPERVIS OR KLI PP: I might read you a telegram I Just received tnis afternoon: Impossible for me to attend Town Board Meeting tonight. The following Sandy Beach Property Owners Join wi~h me in expressing our opposition to the change of' zone from Residence to Business for property adjacent to Sterling Creek: Elsie Schoonr~ker, George ~° t ewa rd , Agnes Allen, Donand and Eleanor Allen, Margaret Stewart, Albert and Carolyn Opoe, Alcesta Stoothoff, Granville G. Yeaton, Williamd and Lois Lowt h ia n, Wilmerding and Ruby Moore, Greenport Attorney Henry Tasker is authorized 14 to represent u~. (signed) Lester Y. Clerk. SUPERVIS OR KLI PP: Do you want to say anything eisa in favor of it, Mr. Corwin? MR. CORWIN: No, I don't th ink so. Thank you. SUPERVISOM KLIPP: Mr. Muir? MR. MUIR: No, I don't think so. SU PERVIS OR KLI P P: Is there any other person to be heard in favor of? (There wa s no response. ) SUPERVISOR KLIPP: I will. hear those in opposition to. HENRY TASKER ESQ., (Greenport, N.Y. ): If it please the Board, I regret I did not hear all of the opening remarks of Mr. Corwin on behalf of the application, but since it appears they have spoken first with respect to Parcel 1, and next with respect to Parcel ~, I think that would be the orderly way for me to proceed, and if there is no objection on the part of the Board, that is the way I should like to do.. Now, I have this to say with respect to Parcel I: A portion of this land, ss I read the notice, in Parcel 1 was formerly owned by LaGrant Chapman and Robert 'Preston. Their parcel is described in the deed to s Mr. Abraham B. Rosenberg, which deed was da ted July 18, 1957. Now, I should first point out, of course, that the Board knows that that was subsequent to the adoption of the Zoning Ordinance, and their parcel begins at a point on the southerly line of 15 Champlin Place 5~0 ft. westerly along the southerly line from Manhanset Avenue, and it runs along the westerly line of what is called Robertson Road from Champlln Place 75 ft., then it runs along other lands of Chapman & Preston sou~h 51 degrees 17 minutes west 190 ft. to the ordinary high water mark of the Sterling Basin, then it runs northwesterly along the high water mark about 45 ft. to other lands of Rosenberg, thence along Rosenberg about 75 ft, further to point on the southerly side of Champlln Place; thence along the southerly line of Champline Plac~e 216 ft. to the point of the beSnning. Now, that particular parcel was, as I say, conveyed to Mr. Rosenberg on the 18th of July, 1957. The deed was a bargaln and sale deed with a covenant against the grantors' use, and at the ti~'~.e of the conveyance there was of record a declaration dated January 10, 1956 recorded in the Suffolk County Clerk's Office in Liber 4060 of Deeds at page 331. And. the conveyance purchaser was subject to the pro'visions- of this particu!~ declaration. At the time, or immediately after the conveyance to Mr. Rosenberg, the attention of Mr. Corwin was called to the fact that the deed to Rosenberg recited that It ~as subject to the provisions of this declaration, and a request was made of Mr. Corwln that the Rosenberg deed be returned to us for the purpose of having the proper subject clause inserted into it, and we have not yet received it, and we ha've since prepared 16 and caused to be executed and acknowledged as of today a correction deed_ cer ti ~ying or ~ec lting~ the fact that this Rosenberg deed was subject to the pro'visions of the declaration. I am going to come back tothe declaration. I have been requested to, and. I am reackv to and will deliver to Mr. Corwin th.e correct deed with a letter of transmittal, and my letter of trans~ittai is da~ed November 25, 1957, and I am going to deliver that now. And I will hand it to Mr. Corwln or leave it wi th him. Now', I .have now, and. should like to offer as part of the record, the original deed f~om Preston and Chapman, at least our office copy of the deed to Rosenberg dated July 18t~, the copy of the correction deed dated November 25, 1957, and a copy of my letter of transmittal. (The copy of the two deeds and the letter of transmitta 1 were received in evidence and marked Objector's Exhibits 1, 2 and 3, respectively.) MR. TASKER: Now, I will testify as to the declaration. The declaration which was referred to in this deed is a declaration dated January 10, 1956, and it refers to a number of comprising the property at the h~ad of Stet ling Creek, including the Rosenberg property, which is the northwesterly corner of the Chapman and Preston property and the northeaster ].y corner of the property which is the sub j ect of this application, Parcel 1, and it shown on survey as Lot No. 10. Now~ the declaration, which I also offer, The dec laration referred to provisions of this I will offer that now. was received in evigence and ~-r~arked Objector's Exhi,bit ~4.) MR. TA,3KER: The declaration states in substance this: that these 'premises, which includes a portion of Parcel 1, are now he"d and shall be sold and conveyed by Preston and Chapman under filed declaration subject to the reservations, restrictions, conditions, covenants, and agreements set forth in the various subdivisions of the declaration. And then they go on to say, tl~ey describe as to what is meant by a lot. Subdivision 2 says this: "There shall not be at any time hereafter carried on or permitted, on any part of the lands shown on said map any trade, manufacture or business of any kind or description whatsoever, nor shall any use be made of any of the lands which is noxious, dangerous or offensive, or which is unsightly, unhealthful, or tending to damage in any manner the adjoining property or to disturb the peace of the inhabitants of the neighborhood, nor shall any animals, except house dogs, cats, or other household pets, be kept or maintained on any part of sa id land. Now, I say to you spec if~.cal].y that the provisions of" that declaration cover and affect what would be the northeasterly corner, the northeasterly 215 odd feet of Parcel ].. 18 The next subdivision says this: "The lands herein described sha!l be used for private residence purposes only. There shall not be at any time hereafter erected or caused, procured, permltted, suffered., or al']..owed to be erected upon any part .of the lots shown on said map, any building or structur~ other than one single-family dwelling to be occupied by not more then one family each, not to exceed two and one-half stories in height and a private garage for not more than two cars, for the sole use of the owners or occupao, ts of the lot upon which such garage shall be erected." Then under subdivision ~ requires the approval., by Preston and. Chapman for any plans for any building to be erected. SUbdivision 5 describes the side lot lines. Subd~ivislou 6 describes that no trailer, basement, ~ent, sh~ck, garage, barn or other outbuilding erected on any lot in the tract shall at any time be used as a residence, tempor- arlly or permanently, nor sha].l any structure of a temporary character be used as a residence. Subdivision 7 descrlb~s the ground for area. Sub~ivislon 8 prohibits the use of signs on the property. Subdivision 9 prohibits the use of any fence except a hedge fence, picket fence, stone fence, lattice fence, or apl. it tel! fence. Subdivision !0 prohibits the subdivision or conveying of 19 any of these lo~s, and our parcel, our Lot N,. 10 is on that. Subdivision 11 prescribes the disposition of sewage. And then there are certain reservations of easements for highway purposes and rights to drainage, etc. Now, subdivision 17 says this: "Notwithstanding any of the provisions hereof, the said Robert H. Preston and LaGrant R. Chapman expressly reserve the right to grant to the owner or owners of any of the waterfront lots shown on said map permission for the erection or construction of a pier, dock, or bulkhead upon or adjacent to said lot or lots, the use of which shall be limited to the owner or owners thereof, and which use shall be consistent and in conformity with the provisions of this declaration." Now, this is the only thing that affects, the may change the provisions of this declaration so far as Lot No. 10 is concerned. "The said Robert H. Preston and LaGrant R. Chapman likewise expressly reserve the right to erect or construct docks or mooring places upon or adjacent to the lots shown on said survey .and designated as No. 10, and to rent the same to persons other than the owners of any of said lots., provided however, that the use of said docks or moorings shall be limited to mooring purposes and shall not be used for the embarking or disembarking of passengers, or for any commercia 1 or business purposes whatever. 2O Now, I have been requested by Messrs. Preston and Chapman to quote the provisions of the declaration over which the Board now has custody, and the provisions of the declaration affecting lot No. i0, which comprises the northeasterly corner of Parcel No. 1, and to call to the Board's attention that any use of the property other than as provided in this declaration would be in violation of the provisions of it. So far as the remaining portion of our property is con- cerned, and if the Boa rd can, -- and I don't know whether it can or not -- wish MR. MUIR: Can I ask Mr. Tssker a ~uestion: Do you to convey to this Board that then~-~~r~_~ are opposed to this application? MR. TASKER: You haven't let me finish. Now I say this: That insofar as Preston and Chapman are concerned, they have authorized me to state they take no position one way or the other' .insofar as the zoning is concerned, but they have requested that I specifically call to your attention the provisions of the declaration, the provisions in the deed, and the sole reservation which is In s'ubdivision 17 of the declaration. SUPERVISOR: Chapman and Preston take no position? ~,~R. TASKET: They take no position. They have filed a declaration of restrictions on that property for residential 21 purposes, and they are bound by the provisions of the declaration. We do not propose by the fact that we take no pos~ion here to in any way have it construed that it is an abandonment of our rights or the rights of any of the grantees to enforce against Rosenberg or any0ody eise any of the rights we have reserved to us under the declaration. Our position here is that we are not abandoning any of those rights whatever, but we want the Board to be f~lly cognizant of the fact that the northeasterly corner of Parcel 1 is by the terms of this declaration restricted to private, single-family residences except we may put up moorings or docks or piles for mooring purposes wit.h respect to the ~ the r, ortheasterly northwesterly corner of our property a.~ corner of Parcel 2. MR. C ORWIN: I think it might be less confusing to the Board to confine ourselves to this app!.ication at the moment, and if you are through with tha.. t one, and if you will permit me to do so, let me say something with respect to that before you go on with the next ch.e. MR. TASKER: Yes, sure ly. MR. CORWIN: I should like to say, gent!emen, that . have no quarrel with our neighbors in this particular piece of property, and we are not bringing our application to this Board for a change of zone, to try and do something under the law that we are not permitted, to do under the deed that we took. 22 And I am authorlzed, by Mr. Rosenberg to accept the correction deed which Mr. Tasker has tendered, and he intends 'to arrange for its recording so that there will be no question but that we are accepting that ~articular piece of property subject to the declaration that he has spoken of. However, I should, like to call your attention to this paragraph which appears in this deciarati0n: ParagraPh 15 says: "These covenants she !1 be binding on the said Robert H. Preston and LaGrant R. Chapman and on their heirs, successors or assigns, and^all parties and persons claimlng under them until January 1, 1970, at which time said covenants shall be automatically extended for successive periods of ten years unless by-vote of a majority of ~he then owners of the lot, it is agreed to change said covenants in whole or in part." I call that to your attention to point out that the restrictions which have been imposed on this particular part of the parcel for which we are making the application are not necessarily our province and it is conceiveable they nay be abandoned as early as January 2, 1970. I don't suppose that would be the case. I am not even suggesting it will be, but it is a legai pos s ibility. rights, as Mr. Tasker has indicated to you, We have some · under mr^our owner of this one lot, Lot 10, which is a little bit different than the restriction which applied to the other parcel, and we intend to do no more to that lot than is granted to us under the decla~ation. SUPERVISOR KLIPP: Do you have anything else? MR. CORWIN: As to Parcel 1, no. SUPERVISOR KLIPP: Are there any further comments on Parcel 17 If not, we will go on with Parcel 2. MR. TASKER: As the Board knows from the telegram received I appear on behalf of the persons named in the telegram which the Suoervisor has, and I appear as attorney for them and I appear likewise on my own behalf and on behalf of Made line Tasker, who is the owner with me, as tenants by the entirety of cer~tain properties at Sandy Beach. The property, if I 'may have that map for a moment, our property and the property of the people whom I represen~ Ii-es at Sandy Beach, and is directly opposite from the~ property which is the subject. Out property comprises the area which begins directly at the head of "N" or north, extends out to here and runs down through the center of the arm of this little piece of Sterling Creek down to here, which I have marked "I". .... marked "2" which would be the northwesterly corner, a.nd. "3" which would be the northeasterly corner, and "4~ which would be the southwesterly ~orner of the property. Steward is' the owner of the most westerly piece, Mrs. Alcesta Stoothoff is immediately adjacent to it, and lamed ia t ely adjacent to that is Allen, following along is Lester Clerk, 24 Following along is another Allen, Yeaton, ourselves, and then Mr. and. Mrs. Moore are further down. But all of these people own in the immediate area opposite to that. As the Board well knows, we are within t.he Incorporated Village limits of the Village of Greenport, but we are still citizens and residents of the Town of Southold and electors of the Town of Southold as well. So the fact that we may not live in the Town limits, we are in the unincorporated area, should have no effect on our rights to be heard, or voice our objection; particularly as our property lies at all points directly opposite the area which is sought to be rezoned. Now, we should like to point out to the Board that all of ithls area, that lying within the Village of Greenport, is zoned for residential purposes, and has always been z.oned in map fashion since the enactment of the Village Ordinance, and it is all used for residential purposes. There are some 26 private summer residences on that part of Sandy Beach lying to the east of our most westerly line. There are within the Sandy Beach area property next to those 26, there is property Owned. by Andrews, Elsie Schoonmaker, one of the signers of the telegram. Residentia i property directly across the street on Bridge Road, Figurelli, and 0rlowski. They already have completely residential. All of this property next to it which has been subdivided has presumably been zoned for residential purposes. And the area along Wood Lane, they are now in the process of constructi~ 25 a number of residents. Some are year round and some may be summer residents, So that the effect of this change of zoning, if it is granted, is to pl. ace squarel-j' in the middle of an area which is not potential.fy residential, but which is actually a residential area of so~e perhaps having a frontage in excess of a thousand feet on Bridge Road, which will be a business area smack dab in the ~u. iddle of a presently existing, and..e×.isting .For a considerable period of time, of a ~residential area, even thoug~ it is summer. We say that the situation here is sucl~ that the outlying or the adjoining owners ~e persons who can be damaged, and our properties, we feel, over on Sandy Beach there likewise would be adversely affected, even though we are ~ot in the Town, that it would be a detriment to have business wi thin 200 ft. of our property~even though we are separated by a body of water, and we ask that the appli- cation on my he.half and on the behalf of the persons who are in the telegram, we ask that the a:. plicat ion be denied There are more than sufficient areas within the Town which are suitable fo~' business purposes. The situation, as a matter of fact, is somewhat different from our situation up on the other side of the cemeSery. We have no area over · there which is residential except that which was owned by the applicant Pres ton and Chapman, and here we have some 2'5 or 30 separate individual owners with actual residences we believe 26 can be adversely affected by the installation of any business operation in the middle of the residential area, and we ask that It be denied. SUPERVISOR .KLIPP: Do you have anything to say, Mr. Corwin, at this time, or Mrs. Muir? MR.~ CORWIN: Well, I suppose that there are no others who are objecting. I certainly_ don't want to make any extended talk. It would be mostly going over the ground that we have already covered. We think our application makes sense. Wherever there is a line, a demarcation between a business zone and a residential zone it gives rise to this problem about which Mr. Tasker has spoken. In some cases, as in the application which Preston & Chapman had before this Boa rd recently, they felt that it was advisable to make a business zone right in their own property, and adjacent to a piece of land which has been subdivided. And I say this advisedly, because a map indicating what the adjacent lots would look like was presented to the Village Board when we zoned our adjacent lands when it was going to be divided into several lots, not to be greatly different from the situation that exists down here now. And we think this Board should take into consideration, although there are many areas in the Town suitable for business, this one is peculiarly adaptable to that business. It is one of the finest pieces of waterfront property and it is ideally suited to the purpose 27 which we intend to put it t.o. We feel, and I say this in very good faith, contrary to the fact thst Mr. Tasker has expressed the properties of the summer residents will be hurt, they will be enhanced rathe~ than hurt, by the use to which this property would be put if our application is granted. i~R. MUIR: I would like to point out that the residential area surrounding this s ub-s ta n~da rd under our piece in question are almost entirely present ordinance. SUPERVIS OR KLI P P: Is there any other person who wishes to be heard in favor of or in opposition to? (There was no response. ) SU PERVIS OR. KLI PP: We will close the hearing at this time for further deliberation of the Board. COUNTY OF SUFFOLK ~ STATE OF NEW YORK ~ ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND _. :..::.z ..... .~ -~.. .... .,-~ ...... TRAVELER - MATTITUCK WATCHMAN, a public news- '~" f.~ ' A;_ 'iTM .- :~ £ --. ~_ ~. .!::.' ~':.~:' .~. ,'MJI~I~j~,O~ '/--~/.1 paper printed at Southold, in Suffolk County; and that ..,~~~ ~~ .... ~:~: : .~ ' ~~ ~~~". C~ the notice of which the annexed is a printed copy, has been · ~s~ ~t~-~o~ ~'~! published in said Long Island Zraveler-Mattituck Watch- ~ a ~ ~r~ ~ ~1~ ~ man once each week for ~. ~..~ ..... weeks ~e ~~ ~ ~:~ ~1~ successively, commencin~ on the .............................. of the ,~!U~r,. 16' ]louth Street, I Green.po~, -New York ' on' Noveml~ll[~ 116, 1957, ,t-?:i~gp. M., on.the followl~"j day of .... '.~..?~~ proposal t~::~.eild tI~ ~ ~.on;j ~~ / ...... 19..?.~..".~ ~.one Ma98T-flg 't~e T~PIF of Southold.~ ] '~: ~' suffom count, ~ew ~,: ~~t~i.~.' '~~y cha~ -~o~ · a' .......... .............. ~ ................................................................ and Agr~ult~- District ~ ' B B~t,,] ~ne w~fly '~ '~ _~h.: ~d, .~ P~' I: ~ that ~t':~- p~[~ ~d ~~ ~e ~~t, u~n~, In the ~wn .~ ~01d, jf~ ~"~-~ ~ ~. o~:~sh to before me this ............... day of CoUn~ of S~o~ and S~te ~ NewJ~ttr ~'~ S~. ~; gor~, be~d~d ~d d~~. ~ ~o~. I~e~, ~ · ~~ ~~a-men ~.~ .. ~. ~~ ~s: ~~ at a ~t m~ me~'n°~~(~' ~m ~mw~r~, ' ..... ~utherly.~e of ~ampl~ ~a~ 1~.11 al~g ~ Wa~r' m~ f~t ~rly *~o~ the ~d ~erly of . ~ f~ mor~ .1~ ~ / ..~ i ............ .... ................... feet'~ 1~ of ~n and Ch~-~ ~' ~'i / '~' ~b~n ~ad; th~ sou~erly ; ~ ~t ~e or, 1~ ~ along .~e W~rly line of said. pro- ~~Y. ~ ~ ~ ..... · ' ~,.,~L._ P~. :.,. '~ ~hWay ~5 f~t; thence alon~ -~ ~e-.~ ~ ,~; ~:~ta,y ?u' :;c. ~t:'..:. or ~ew ycrk 1~ f~t ~ or le~ ~ ~ ordinary ~:c,. :~gh-wa~'/~k of ~~ B~; Commission Ex~i~es ~;arcb 30, ~ a~ ~ ordma~-~: water 1~ ~ ~;'~iY ~ ~ ~h ~ut ~ f~; ~e w~rlY a~ut ~0 five (5) ~, ~ follows:. (1) e~rly ~f~t; ~ ~erly a~ .150 .f~t &n a curve ~ the l~t, ~v~_a ~radi~ ~ ~ ~r~'~ of B~e Street; of ~ f~t, a ~t~ 0f ~3.15 feet; ~ .~ -~ -no~herly l~e of~ thence (2) ~ 83 d~r~s 15 ~ates ]'~e. ~ ~uth ~ d~re~ 46 ~ 10 s~onds ~t 113.4~ feet;-the~e ~3) mi~u~ ~-~n~ w~t ~ f~t more ~o~herly on a c~e ~ ~e r~ht hav- e.or-~. ~d .,of O~ond; ~ence mga r~ of W feet, a ~nce of kai~ ~;.'(~mond, ~-~d 1~.03 ~; ~ce (4) ~uth4 degree, I:,' ~~e~ 33 ~u~ ~0 I's~~ ~~ ~ ~ ~e ~1~ l~e~ce (5) ~~o~ ~ c~e ~ ~e l~et oz m~ :~'t~ and ~lng 21 .minutes ~ seconds east 267.11 feet; place of beginning. Any person desirln~ to be heard on the proposed amen~an, ent, should pe~;r at the thne and place ~bove specified. DATED: November 4, 1957. BY ORDE~ OF ~ SOUTHOLD TOWN BOARD, -- ~CE'OF HEARING ON PROPOSAL TO ~ ZONING ORDINANCE ' '. Pursuant to SeCtion 265 of the~ Town Law-;.nd Article IX of the~ Building Zon~ Ordinance of the~ Town of Southold, a l~ubllc hear=~ '!ng Will be held by the "~wn Board at the Office of" theJ Supervisor, 16 South Street,' Gree~i~'i · .port,. New York, on November 25,~ ..1957, '. at 7:00 P. M. On the foll~w- lr~g Zone Ordinance (,including the~ Building Zon6 Maps) of .the Town' of ,~o~thold, Suffolk CountY,' Ne~i York: ' ~Y changing from "A" Residen-1 ti,al ~nd Agricutt~iral District ~"?" Bu~ness District the fo~.owing] ~escribed proper~y: PARCI~L I: All that tract or parcel~ of land s~tuate, lying and being at1 G.r~port, in .the T~wn of. South-1 'old, County. of Suffolk and S~ate of New York, bounded and ,de.scrib- ed a~ follows: BEGINNING at a point on the southerly 'line of C~amplin Place 100.11 feet ~asterly along the said southerly line from the easterly line of Atlantic Ave- nu6 and running ,th.erme .along the so~ther.ly 1 i n e of Cha,ml~in Place north 69 degrees 42 land o~ Preston and Chapman and. a proposed ,h~ghway to be k_~owr~ as Robinson Boa.d; ,therme souther- ly along .the weste~.y-~ir~e ,of sahl- pro~ed highway -7-~' fe~t; thence. along other land o~(f P,~ston and Chapman 195 feet ~ '_m~re ~r l~ss to the ordinary 'high ~ater mark of Ste~l~ng Basin; thence along the ordli~ary hI[§h w~ter mark of Ster- ling Basin northwesterly about 45. feet; ther~ce westerly ~bout 70 feet; thence southerly abo~t 150 fe~t to the northerly line of Bridge. S~reet; thence alor~g the northerly. ~ine of Brld~e S~reet .sot~th 73 de- grees. 46 minutes 40 seco'nets west~ 40 feet more or less to ~nd of Or- mmv. d; the~:ce along la~d of Or- mond, Klipp and other~ north 17 degrees 33 'm~nut~ 20 seconds west. 227,~9 feet to the po~t or place of be.~g. PARCEL II: ,~Lf. ths/c certain piece or parcel of 1,and, ~tuat~, lylng and. being at G~enport, Town of South- old, County of Suffolk a~d State .of New York, bour~ed and de~cr~b-- ed as follow~: · ,B.~.G]~NING at a poir~t on the Cor- ..l~or~tion line of ~he 'V~ll~ge of . Greenport, where s a i d line: is intersected by the west~ ~erly line of Beach Road, as widened i by the Town of Southold on ~ vember 30, .'1954; and, running. 'thence along said Corporation line ~,west, .54 degrees 33 minutes. 50 ~econds, 160 feet mor~ o~ leas to :the ordinary high w~ter mark of S~er,l~g Oreek; rU'nn~.g thence h~ ~ northerly d~rection, then north- westerly '.and 'then southwerterly,. .:along the o~ina~ high wate~ mark of Sterling Creek, 47.5 feet' more or- less to a point where the said dinary high water mark again~ ,tersec~ the Corporation line of the. . Village of Greenport; running ~thence ~n~law~t, 54 degrees 33. mlnutes 50 seconds alor~g the C~- potation line of ..the 'Village of~ /~Greenport, 225' feet more or less .to a ~t' On. th.~ soutl~easter!y line of' ],and. of the TOwn ~f SouttiO!d; ru~- ning thence along l~ of the. Town ~of Southold, northeast, 33 de- ~rees 10 .minutes 00 seconds, 180 feet, more or less .to th~ southerly line of Seach Road;. thence along said Beach Road, fiv~~ (5) courses, as · follows:- 1) easterly on a curve t~ .'the left, having a radius of '446 fe~t, a distance of 2B3.15 feet; it hence (2) south 83 .degrees 15 min- i~tes 10 secor~ds east 113.47 feet; :~r~ence (3) ~outherl~ o~ a curve to .the r~gi~t having a radiu~ of 77 feet, a dista~e of 106.0~. feet; thence (4) sou~h 4 degrees 21 mLnu, tes 20 seconds east 2.67.11 feet; thence (5) southerly on a curve to the right, h~Ving' a radius of 160 feet, a dis- tance of 69.25 feet to the ~oin.t or place of b~ginning. A~y person desiring to be heard .on-the. proposed amendments 'should appear at "the thn~ and Place ab~v.e specified. DATED: November 4, I957 · 'SY oP~DER~'8~ T~ .. RALPH p. BOOTH, ToWN OLEEtq. 2tN8 STATE OF NEW YORK, ~ ss: ~.~.~...~' .a~..:~...~.~..~...~ ..... ~ .................. be~ duly Sworn, says that .... ~~ .......... is P~nter ~d Publisher o,f the SUFFOLK TIMES, a newspaper published at Gree,np,o~, in said county; and that the notice, o,f which the annexed is a p~ted copy, has been published ~ the s~d S~fo~ Times once in each week, for ....................................... ~ ............................................... weeks succesmvely commenc~g o,n the ........ ~ ......................... day of ..... ~[]..~ ........... 19,.~..7... .......................... Swo,~ to before me t~..~.~.~.= .... d~y of ..... .~.~ . ................ ................ ___________ ........ ~ p~b.c.; :t.'~'~';~'V~ ................................ My ~mmitsi~ Explr~ ~ ~ 1~B8 of ~~~1~ Place n~-~.h ~i~ ~-~ees ~ ~~ea eas-~ 34a,.~ fe~ ~ l~d of . · e., ~enee w~s~er~ a~~. ~ feet; ~ a ~ Greta.poe's, ~.~ Of ~ ' .~.-~? ~ . . ~ . . ~Id:. i~e.. tS ~te~~~d ~y- the ~~:.~er-ly line. :of ~u~ 'a~~,., .~a ~1~ ~ the ~ ' "'~... , tt.~ 1. the n~~~~, ~4 ~'~re~ ~ ~~u~~ ~~e~o~,' "~', l~ fee= ~'e ~ 1-~.a ~ :t~e or. ha-fy hl~ ~'~.er ~.ra ~' S:-~II:a~ Cr~;'~~6 ~~n~e .In a nor~e~l.y- .,_'~" ~,~..,~ of ~erl~.~ <3-~k, 4~ fe~ note ~ less ~o ~ p~lnt ~~e '~e ~d * ~.. ..... . ~. . . . ~~...,~ry hl~ ~.ter :~'a ~~l.n l.n~ers~.ts the ~~o~t'ton line of ~e V iila.te l'.e.~ to t~e, no~herly line ,.o ta~ le ~'" .h8vlug .~ rudiu~, o'-"' ii 6 fee~, ~ ~.,.i~~~ o F ~ 3.15 feet, thm~ (2: ~-u~ 83 .d~r~e~ 15 mt.nute~ t0 se.~n~ e~t 113,4~ fe~t; th~~ (3) ~t.~.- r~~{ ~~,-ce (4) ~~n 4 ~~e~ ~ ~tea ~ ~mn~ e.a.~ 267,11 l'e~; ~ B~':GI~'~:~'i',~'I~fG at a point on the southerly li,~.~e of Cha~plin £1ace i00.1~ feet essterl0~ : lo~,~:.: the sa fro m t~ ~ e ~:_;. a s t e r i :,v 1 i ne o i'' ''~ ~-:. ~ ,~...n t i c .'~ '..., e n a.,-::. ~,' n,,.~.-~- r unni ng ~ h e ~".~ c ~:- ::~.:. ~ o ng t~e south~;riy line of hampl~n - ace norbL-~ ~-~9 ~].e~;;'Pees ~.~ :m,,~u'~ne::.~ eas't 3;-, .j[ i,-:,et to isnd of Z-resto.~ and .,.,.,i-~a~r:,an a-rd a proposed 14no oz sai,:: ~'.~ro~,::,s¢.~.~ t:ib[':w'ay t~ ~e.::~t, ,~,he .ce along oth~r !a.ao. of mar~ of '"terlin. .Oasln; t~e"tce aloaa k[ue ordi:-.,,.ar[, ai6h wa~ ~ uer. mar~ oi' eet; thenc 'westerly aboat 70 feet,' thc.ace aout*,,-,~ .... fly ~.,,'-bout 150 feet to 'tr:e' z,.ort~:erly' ii.ne el' Street; thence slo.nf.: the nor't,.-',¢:r!y linc, ,"£ Brid~je ~..;'tz'eet couth 7'3 de ~rees ~-6 mind, res ~':]'~ second::: we. st 4.3 feet more or.. le~s~ to ~,.and of Ormond,' t h e .ac e a 1 o r: g I a .nd ' f' 0 r ~.. o r~ c',:, 1': i i p p a :?..~ o t [: e r s no r t ~: 17 dc-g:r,e~- s 33 minutts 20 scco...~':: wr--st 2'"" -,c, -,- ?. L, ......... "t'.~,, ~e~'t,, ..o 't c. ~.~oint or place oi." GRIFFING, ROBERT P. GRIFFING 1851-1956 REGINALD C. SI~IITH HENRY TASKER SAMUEL L. HAYS ROBERT W. TASKER SMITH, TASKER AND LUNDBERG ATTORNEYS AND COUNSELORS AT LAW 425 MAIN STREET GREENPORT, N. Y. November 2 5, ARTHUR H. LUNDBERG COUN~.I, 1957 Stanley S. Corwin, Esq. Greenport, N. ¥. Re. Conveyance, Preston & Chapman to Abraham B. Rosenberg Dear Sir- On or about July 18, 1957, Robert H. Preston and LaGra4tR. Chapman con- veyed certain lands to Abraham ]~. Resenberg0 which...~ ~land~ are kno~vn as Lot #10 on a certain ~nap of property known as "SterlTn~~b.~ Homesites" and which are situate at the northwesterly c ,f those ....'ses. did not tontain the ~~ovisions that the eclaration which was executed The deed which was dated July 18, 1 same was subject to the provisions of by the grantors on January office in Liber 4060 of dee at pag possession a copy of the laration ecorded in Suffolk County Clerk's e believe that you have in your e may have supplied to you. Your attention had closed an, so that this A c c o r ding ly, executed, and of this Declarati you d his omi ~on immediately after the transaction were to deliver ~o us Mr. Rosenberg's deed t be supplied. You have thus far failed to do so. ,ared for our clients to execute and they have herewith, a correction deed setting forth the the record will be entirely clear. fact May we ask please , and returning to us for that purpose. that the you acknowledge receipt of the enclosure by signing additional copy of this letter which we a~ enclosing Yours very truly, HT. v enc. Griffing0 Smith, Tasker and Lundberg Receipt is acknowledged of the above-mentioned enclosure. _ il Il I · ..... I I ] IL. - ] I , ] __1__ I -- ] ]~ SOUTHOLD, L.I., N.Y. October 17, 1957 PLANNING BOARD MEMBERS Jo.hn Wickham, Chairman Harold R. Reeve Charles Van Duzer Henry Mo i ~a Alfred Grebe REPORT TO: SOUTHOLD TOWN BO~RD TO~ C~~ S O~FICE SOUTHOLD, N. Y. This is to certify that the following action waz taken by the Southold Town Planning Board on October 15, 1957: Petition of John A. Mair, George G. Muir and A. B. Rosenberg, all of Eaat Marion, N. ¥., for a change from "A" Residential ami Agricultural District to "B" Business District that property situate and bouned by Beach Road and Sterling Basin, Greenport, N.Y., Part Two of petition. It i~ the determination of the Planning Bo~rd that we recommend to the Town Board that the parallel strip, 300~ wide, next to the southerly line of the Town of Southold, be zoned "B" Business and the remainder of the property, frontin~ on Beach Road, remain "A" Residential and Agricultural Di ~trict. ohn Wickham, Chairman SOUTHOLD TO~N PLANNING BOARD STANLEY S. CORWIN ATTORNEY AND COUNSELLOR AT LAW 443 MAIN STREET GREENPORT, NEW YORK __ Oreenport 7-oo76 Oct. 12, 1957 Hon. Norman E. Klipp Supervisor, Town of Southold Gree npo rt, N.Y. Dear Norm: Thanks for your Rosenberg petit ion. letter of the llth about the Muir- So far as the petitioners have no objection to the Board involved at a time. are concerned, they would taking up one of the areas In the event that the P la,nning Board were to act favorably on Muir's request for re-zoning at the Sandy Beach section of the Creek and the Town Board were to agree, it would seem to me the Town Board on its own motion ought to include the parcel of which it is the owner adjacent to Muir's property. The properties that comprise Part I of our applica- tion were assembled by more than one coaveyance. Identical lines that should have the same course (such as the south side of Champlin Place and the line that described the center of the "drain") have different courses in the different deeds. Mr. Van Tuyl explains this by saying that the descriptions were referred to different surveys.. We did not have a description of t~e entire Part I parce~ at the time we presented our petition, which was referred to the same survey. We have asked Mr. Van Tuyl to prepare one, however, and as soon as it is ready will supply it ask- ing that our application be amended accordingly. SSC/e .c ncerely yours, SOUTHEILD, L. I., N.Y. PLANNING BOARD MEMBERS John Wickham, Chairman Harold R. Reeve Charles Van Duzer R~nry ~oi~ Alfred Grebe October 2, 19%? EEPO~ TO: SOUTHOLD TOWN BOARD y., .... This is to certify that the following action was taken by the Southold Town Planning Board on October l, 1957: In connection with the petition o£ JoM~ A. Muir, George G. Muir and A. B. Rosenberg, all of East Marion, N. Y., for a change of the Budlding Zone Ordinance in regard to certain property of theirs at Greenport, N. Y., we reco,w,~end to the Southold Town Board approval of Part One, lying at the head of Sterling Basin, bounded by the Village of Greenport and Champlin Place, etc., and we hold in abeyance the Second Part, which is ~ounded by Beach l~ad and Sterling Basin, for more detailed information on the use and to give the Board an opportunity to visit the property in question. ohn ~ickham, Chairman SOUTHOLD TOWN PLANNING BO~ Sept. 12, 19~7. Mr. John Wickham Chairman Planning Cutchogue, N. Y. Board De~r ~r. WiCkham$ Enclosed herewith original and copy of Petitions of John A. Muir, George G. Muir ~nd A. B. Rosenberg and James Wasson, relative to change of zone in accordance with Article IX, Section 901, Subdivision C. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. It th.t this be glven is respectfully requested your immediate attention. Very truly yours, Ralph P. Boo th RPB/r Town Clerk CASE NO: STATE OF ~' YORK TOWN OF SOUTHOLD FETITION IN THE MATTER OF TH~ PmTITION OF JOHN A. MUIR, GEORGE G. MUIR and A. B. ROSENBERG, all residing at East Marion, New York~ FOR A CFJY_!GE, MODIFICATION OR A24ENDMENT OF THE BUILDING ZONE ©RDINA'_~CE OF THE TOWN O? SOUTHOLD, SUFFOLK COUntY, NEW YORK. TO TH~' T0~f,r BOARD OF THE TOW~'~ OF SOUTHOLD: 1o WE, John Ao Muir, George G. Muir and A. B. Rosenber~, all residing at East Marion, [.~ew York, the undersigned, are the owners of certain real property situated at Greenport, Town of ~outhold, ISuffolk County, .~ew York and more particularly bounded and descriOe~ i as follows: PARCEL I- ALL that tract or parcel of land situate on the southerly line of Champlin ~lace in the Village of Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows:- REGI~NING at a point on tae southerly line of Champlin Place lO0oll feet essterly along said southerly line from Atlantic Avenue being the northeasterly corner of land of Aanestad and running I along said southerly line of Champlin Place, north 09 degree! thence 42 min.~tes east 131.89 feet to land of Delsfield; thence along the said land of Delafield, south 8 degrees 59 minutes 3© seconds east 70 feet more or less to the ordinary high water marx of Sterling ]reek; thence along said ~igh water mark westerly about 70 feet and then southerly about 1~0 feet to the northerly line of oridge Street; thence along said northerly line of Bridge Street, south 73 ~egrees 46 minutes h0 seconds west 40 feet more or less to land of Drmond; thence along said land of Ormond, land of Klipp and land af others, north 17 degrees 33 minutes 20 seconds west 227.29 feet to the point of beginning; EXCEPTING THEREFROM, however, PARCEL II:- ALL that certain tract or parcel of land, situate, lying and being near the ?illage of Greenport in the Town of Southold, County of Suffolk, State of ~iew York, Oounded and described as follows: BEGI~f.TI([G at a pipe set on the wester£y line of land formerly: of John A. I~luir and George G. ~'~[uir and the easterly line of land or formerly of Gladys 0rmond, 20 feet northerly along said line ['rom tee northerly line of Bridge ~treet; running thence along said line between the land now or formerly of Joan A. Muir and George G. Muir anm land now or formerly of Gladys Ormond, north 17 de~rees 33 minutes PO seconds west 20 feet; thence along other land now or formerly of John A. I~luir and George G. Muir and paral- lel to said northerly line of Bridge Street, north 73 degrees 46 minutes L0 seconds east ~0 feet more or less to ordinary ni~'h water mark of Sterling CreeK; thence southerly along said o~.dinary high water mark 20 feet more or less; thence a±on~ otner land now or formerly of John A. ~"~uir and George G. ~uir, parallel to said iine of Bridge Street south 73 degrees 46 minutes 40 seconds west 40 feet more or less to the point or place of beginning. PARCEL III- ALL that certain lot ~r parcel of land situate, lying and being near Oreenport, in the Town of 3outhold, County of Suffolk and State of ?!ew York, bounded and described as follows: BEGI~I.[G at an iron pipe on the souHha'rly l=ne of ChamFlin Place ~30 feet westerly along said southerly ±ine from l,~anhanset Avenue, said pipe Oeing at t~ue point where said southerly line is intersected by the westerly line of a proposed highway to be Known as "Robinson Road"; from said point o£' beginning ru.nnJng al,.ng t~]e westeriy line of said "Robinson Road" south 31 degrees 24 mia.~tes 40 seconms .'~ast 75 feet; thence along ot[]er land now or formerly of Robert H. rreston sad LaGrant R. Chapman, south 51 degrees 17 minutes west 19~ feet more or less to ordinary nigh water mar~ of Sterling Basin; thence nort~westerly along saim high water mark, about 45 feet thence along to land now or formerly of AOraham B. said land north 20 degrees 00 minutes 2 - RosenOerg; 10 seconds west on a carve to the right 106.03 feet; thence (&) 267.11 feet; thence radius of 160 fe~t, of ~eginning. 75 feet more or less to an iron pipe on said southerly line of Champlin ~tace; ttlence along said southerly line of Champlin Flace north 5~ degrees 35 minutes 20 seconds east 216.[!8 feet to the point or place of beginning. rARCEL IV- ALL that certain piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County oz' Sufrol~ and State of 1,1aw YorK, bounded and Jescribed ss follows: BEGi~I lING at a point on the Corporation line of the Village nj Gree.nport, where said line is intersected by the westerly line of Beach .ioad, as wide,ed by the Town of Southold on _.Iovember 30, 195[ arid, rur~'ing thence along :said Corporation line nort,~west, 5~ degrees 33 minutes ~0 seconds, 160 feet more or less Sc, the orminaa high water mark of Sterling CreeK; running the'~ee -'..n a northerly direction, than nort?~westerly and then sout~iwesterly, along the ordinary high water mark of Sterling Cree~, 475 feet more or less to a point waere the sain ordinary high water mark a~ain intersects the 6orporation line oI' t~e Village of Greenport; runnina~ the:~ce northwest, 54 ,xes'tees ~3 minutes ~0 seconds along the Corporation line of the Village of )teens, oft, 225 feet more or less to a point on the southeasterly boundary line of land of the Town of Southold; run.sing thence alonC land of t~e Town of Soutaold, northeast, 33 de&'rees 10 minutes O0 seconds, leo feet more or less to tee so,.th- erly line of Beach Road; thence, along said Beach Head, five (5) courses, as follows:- 1) easterly on a curve to the left~ r~aving a radius of 446 feet, a distance of 2~3o1~ feet; the~lce (2~ sou~h 6 derrees 1> minuses 10 seconds east 113.4.~ feet; the!me (3) s?utherl having a radius of 77 feet, a distance of south [' degrees 21 minutes 20 seconds east (5~ southerly on a curve to the right, having a distance of 69.25 I'eet to the point or place PA~RCELS II and il± are owned by Eetitioner Rosenberg, the other lancis mescriOed are owned by retitioners John A. ~,~uir and Oeora'e G. i,luir. 2. We do hereby petition the Town Board of' the Town of Southold to aha.age, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, il'aw York, including the Buildina Zone Maps heretofore made a part thereof~ as follows: by changing from "A" R~sidential and Agricultural District to "B" Business District; Ao The several premises described in ~aragraph 1, or alternatively~ the following described property: BoALL that tract, piece or parcel of land situate, lying and bein~ at Greenport, T~wn of Southold, County o~' ou~'fol~ and State of i.~ew Yor~, bo tanded an~ described as follows: BEGi[NiNG at a point formed by the intersection of the south line of Chsmplin ?lace with the easterly line of Atlantic Avenue and running thence ia a general easterly direction a lor~ the south4 erly line of Champlin Place to the westerly line of !.~anhanset Ave-I hue; running thee:ce in a general southerly and then southeasterly direction, along the westerly a~d then southwesterly line of Man- hsnsat Avenue to t~e westez, ly line of Beach i{oad; running thence along the westerly l~ne of .Beach ~oad as it runs ~utherly and then southeaster~ and then again southerly, to the Corporation line of the ¥illage of Oreenport; running thence nortnwester±y along the Corporation line of the Village of Greeaport, to a point on the northerly line of Bridge Street; ru.nning thence westerly along the northerly line of Bridge Street and the Corporation line of the Village of Greenpert to the easterly line of Atlantic Avenue; running thence northerly along the easterly line of Atlantic Avenu. to t~e southerly line of Champlin ~lace, at the point or place of beginning. 3. Such request is made for the following reasons: The premises described in PARCEL I in paragraph 1 (one) above, which then included PARCEL II, was acquired in September, PARCEL IV was acquired in :{ovember, 19~6o PARCEL III was acquired subsequent to the adoption of the zoning ordinances. At the time the zoning ordinances became effective, PARCELS I and II were in the process of development as a marina and that part of the area on the westerly side of Sterling ~asin had been largely -4 completed with bulkheading and docks. PARCEL IV was acquired for a similar purpose. On April 22nd and 23rd, 1957 letters were written to Mr. Howard Terry, the Building Inspector; Robert W. Gilespie, Jr.~ Chairman of the Board of Appeals and Supervisor Klipp, concerning these properties. With respect to tae property at the head of the Creek on Champlin Place~ a request was made t[~at for the purpose cz' establishing a non-conforming use as a matter of record, the status of those lands be noted as being in the final stage of development as a commercial venture. With respect to the property adjacent to the lands of the Town of Southold, notice was given to set forth as a matter of record, that although as of that date there had been .no physical change in the premises since tae then has been recent acquisition, a considerable amount of expense/incurred in planning the development of the area as abusiness venture · The Town Board will recall that at that time, the Muir brotae~s approached tae Board with the idea of cutting back some of the marsh land of the Town and dredging under water. The ~:eneral plan of tae Muir Brothers was devulged to the Town Board, and the Board interposed no objection thereto. It seems conceivable that had tde Zoning Commission been aware of the conditions then prevailing, these areas woul: here been zone for business. In similar instances, since the zoning ordinances took effect, changes have been made. PARCEL III was acquired by ~etitioner Rosenberg from Robert H. Preston and LaGrant R. Chapman, who are developing the property Ion r~.e east side of Sterling Basin. By a ~eclsration filed in the [Suffolk County Clerk's Office o.n January 2o, 1956, liber 4060 of res~ entia co.aveya~ces, p~ge ~31 ~reston and Chapman imposed strict/restric- tions o~ taeir land and specifically excepted the premises conveyed to Rosemberg from tae ap~.lication taereo£, to the extent of reserv- ling the right to erect or construct docks or mooring places. It sao~ld be noted that Preston and Chapman recently acqmired ~remises from St. Anges' Church immediately north of the Cemetery property and that aa appliestion is presently before the Board to zone these lands a~d o~hers from residential to business. That ap- plication is also coupled with cae to ~ange permitted uses in the business districts to cover cemmercia, ~ocks, marine fuel docks, piers, ferry slips, fGrry houses, fishing stations, boatyards, Ooat storage yards, boat storage basins, mar£nas, mooria6 piers, stations and terminals. In view of that pending application, the non-conform- th~:t existed at the time of the adopt.on of t~e zoninal and the intending use of the pro, eft3 alon~ .'each Road Z one lng uses dinances owned by the ]~uir brothers, it would s~_em to Oe reasonable to as Business, t~e enSire srea as descrioed in ~ubdivision d of Paragraph 2 of this petition. While there is precedent in connection with the 'gown; Zoning Ordinances for making amendments whlch appear to ce in t!;e nature of spot zoning, such revisions have apparently tnusfar been made as to properties havin~ non-conforming uses at t~:e time the ordinances were adopted. So~r as t~e interest's of the ~etitioners ape con- cerned, they would be content with an amendment of the ordinances t, chasge to a business use, the proaerties of which they are the owners, rotitioners f~el, however, that the character of the area is being changed so ~enerally that it would be advisable to amend Ithe ordinances to take in all of the property veSween the ~'illage line, Bridge Street, Atla.~tic Avenue, Champlin Place, Mannanset Ave- ~ua and zeach Road. Aside from the properties owned sy 5he ~eti- ~ioners, [ne only otaer lands in that area are 5hose in the oriainal freston and Chapman development (which are a~equately pro~ectem for ~esidential use by the declar~sion which they have Yiled}, 5ce ~emetery land of ~t. agnes' Church, the small parcel which is owned ~y the 'l'own o~' .$outhold ~nd th~ lands of ?aui Wilson, between the 'own end the cemetery. The lands of retitioners in particular and those f the distrLc~ - 0 - in ~{eneral, ape pecL~liarly st~itable for bu.4aess use. The relier reouasted i,~, wa/ of amendment to the ordinance is necessary rot the preservation and enjoyment Tae ~titioners' for oz' a su~stantlal proioeptf lands and improvemen~:s are .not adaptable a;ricult urai use. !~oreowr~ suc~ a cnanae will not be matermaliy netrimental to ~.~Dlic interest or t~e ~ robert.7 or o5[~er :~ef~sfns !:~ cna vicinity. N~c~, oF the area is devote~ t~ otaer t~an residential use. Ua van opposite side of Sterling' Cree~ is located 3~saop's Ship Yard, Poll's Sea Food ~lstablish~ent, Easter~ Lo.ag Island hospital, Tan Ralph T. zreston, Lac., Marine 9re,ging sad the .shelter Island Oyster Company. The naaff's bhip kard, and Dock Building ,',or~s iooth Homse a,"d The Townsend N~anor Inn are among other businesa prosemties w~ich oordeP on t~at oody of water. With the exception of the area o~-~ Atlantic Avenue a~6 on{ o[' two small [louses on s(cch ~'oa.3, tae~'e sro .[:o residences. }~ithia t~e area, Imakin.2 an apkiicstio.n to down-zone adjacent part owner) and '-r. "ilson. a~aia exceptin? tF~e nous(s on At- or Mr. CNa~man {who is ~roCerty of which ae ,~ A. l{uir A. r. ~os(:nberg ~/a A. ~.uir, -arty-in-fact STATE 07' ) COU;'.[I~f 0~' SUFFOLZ2] JOL~i'~? A. MUIR, being dul~' sworn, meposes and says that ~e is one of t~e petitioners ia the within action; ~hat ne read the foregoing fetition and Knows the contents thereof; tY~at the same is true to his own ~nowledge, except as to t~e matters therein stated to be alleged on in[ ormat ion and b~.iief, amd that as to taose matters, ae o¢iieves it to be t~ue. J~A. Sworn to before me this '2, 3Iade the 18th d~ty of July, JCineleet~ Hundred and Fifty?even ~S*{~l~ ROBERT H. PRESTON. residing nt Mtddleton goad. Greenport, Suffolk County, N.Y. end LaGRANT R. Cllp PMYN, residing at Robinson Road, neaT Greenport, Suffolk County. N.Y., County, New York, parties of the first pa.rt, and ABRAHAM ~ROSENBERG o residing nt East ~,~arion, Suffolk party of' the second part, TEN ...................................... Dol&~r~ ($ 10. oo ) la?t'~*l ~3oney of the United States and ,*her good and valuable considerations paid by tt~e part y of ~he second part, h~reby ~ra.t and relea,se unto the party of th~ second pa~t, his heirs a~d a.ssi~ns forever, all tb~ certain lot or parcel of land, situate, lying and being near Oreenport, in the Town of Southold, County of Suffolk and State of New York. and bounded and described am follows:- REGINI~INO at a~ iron pipe on the southerly line of Champl/n Place, 530.0 feet westerly along said southerly line from Maflhanset Avenue, said pips be;ag at the point where said southerly line is intersected by the westerly line of a proposed highway to be known ae "Robinson /toad"; from said point of beginning running along the westerly line of said "Hob/neon Road", South 31 degrees 24 minutes 40 sscon~ E~at 75.0 feet; thence nlong other land of the parties of the first part, South 51 degrees 17 minutes West 195 feet, more or less, to ordinary h/ah water mark of Ster[in~ Basin; thence north- westerly along said high water m~rk about 45 feet to other land of the p~rty of the second part; thence along said land, North 20 degrees 06 minutes 10 second~ ~set 75 feet, more or lees, to an iron pipe on said sou- therly line of Champlin Place; thence ~long said southerly l/ne of C~lampl/n Place, North 58 degrees $5 minutes 20 seconds East 216.48 feet to the point of begim thg. TOGETHER with a right of way over said "Robinson Road* from the northeasterly corner of the premises, easterly about 75.0 feet to Champ;in Place. TOGETHER with the rliqit to pass and repass with small boats only over that ~ortinn of the lands under water of the parties of the first part lying westerly or southwesterly of a line which is described as follows:- ~E4~INNING at a point on the southerly line of Ch~mplin Place. distant 6?3. feet westerly from the point of intersection of the southerly line of Champiin Place with the westerly line Manhanset Avenue. runninf thence South $1 de,Fees 14 mthutee 40 second~,East 301.32 feet. thence South 28 de~rees 30 ,,t~nuten Eut 325. feet to a point, as the dredged channel now exists or as it may hereafter be extended or widened, it being under- stood and agreed that the parties of the first part are under no duty or obligation to dredge, viden, improve or otherv~e maintain the cbe~nel hereinabove described. AND the party of the second part herein, for h~,~self, l~is heirs and assifneo covenants and agrees that he will not erect or co. use t~ be erected on any ~Ortion of tho lands lying to the south of the soather[y line of the lands herein described, any dock. moori~ space, piling, mooring pile or any other structure or ereotinn of any nature whatsoever. ~l~'l[~th the app~r~ena.?~ces and all the estale and rights o]' the part ies of the first pa~t in a.~ to sa~ premises. of the seco~d part, ~s heirs ~.~ ~si~'ns ~brevet. the part res of the first part co?,enant tho~ they haye not do~e a~il/thin~' whereb!/ the sa&l premises hate been inoumbered in any here;tnto set their hands the part~es of the first part h~ve c~ndsseat~ tke dali and year firs~ above wrltte~. LaGrant R. Chapman p~q.~o~gp .Ifade Ihe ~fith da!l ~,/' ~etgeen ROBERT H. PRESTON, residing at Middleton Road, Greenport, Suffolk County, N.Y. and LaGRANT R. CHPPM~_~ reeidt.ng at Robinson Road, near Greenport, Suffolk County. N. Y., New York, YBRY-HgM B. ROSENRERG, ~ itnesselh that the ;,arteS ,,/' thcfir.,t part, in cond(leratiun TEN ............................. [kdla~ Town of Southoid, County of Suffolk and Stair of New York, and bounded and deecrlbe~ aa follows:- BEOIIVNINO at an iron pipe on the southerly line et Cimmplin Place, 530.0 feet westerly along eald southa-ly line from Mamh~set Avenue. said pipe being at the point where said southerly line la intersected by the weaterly line of a proposed ~gh~y to be ~own as "Robinson Road"; from said ~int of be~n~n~ running along the westerly line of said "Robin~on Road", South 31 de~rees 24 ~nutee 40 seconds East 75.0 feet; thence along other land of the ~rties of the first part, South 51 degrees 17 minutes West 195 feet, more or less, to ordinary high water mark cf Sterling Basin; thence north- TOGETHER with a right-of-way over said "Robinson Road" from northeasterly corner of the premises, easterly about 75.0 feet to Champlin Place. TOGETHER with ;he right to pass and repase with small boats only over that portion of the lands under water of the parties o£ thc first part lying westerly or eouthweaierly of a line which ie described as follows:- BEGINNLNG at a point on the Moutlx~rly line of Cnamplin Place, d/~tant 672. fee~ westerly i~om the point of intereection of the southerly line of Cnamplln i-'lace with the w~eterly line of Msnlmnset Avenue, running thence South 31 degrees :~4 minutee 40 eeconde East ~01.22 feet, thence South 28 degreec ~', minutes East 325. feet to a point, &e the dredged channel now exiett; or a~ it may hereafter be extended or widened, it being und~r- stood and agreed that the parties of the f~-st part are under no daty or obligation to dredge, widen, improve or otherwise ~ln~in the cha~e[ here~above de~crlbed. PND ~he party of the second part hersin, for himself, his heirs and on any port/on of the lands lying to tbs ~:uth of ~he ko~therly line of the lands herehi described, any dock, mooring ~pace, pilL~g, mooring pile SUBJECT to the provisions of a cerla~n Decla£arion dated January lO, 1956 and recorded in Suffolk Count) Clerk's office ii; Liber %060 of deeds at page 331. B~IlgG mhd intended to be the same premises conveyed to the party of the second part by the parties of the first part by deed dated July 18, 1957. this deed being a correction deed given for the purpose of setting forth the covenants and restrictions to which the premises herein des- cribed are subject. o~ the firM part in a~d to ~aid prel~ti~e$, secovd pqrl, his h~ft'~ and as.sin_tins/~rever. ~. u ~re~ncr of of the first part ha Vo hereunto set their r4~~ U ~ 'F ~,JooO C MAP OF LAND ~.JOHN A. ¢ G, EOI;P-_.GE G. MUI.~.. ~EEMPOQT TOWN O~SOUTNOLOCN.Y.