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HomeMy WebLinkAboutLister, Harry Amend #20 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..... '...:....~r...~..m~.~....~.~..~.~.~ ............................................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ... . tt-:,~t~ 'i . ~: -. ] -k -: t~. -; ~ R~-~ ~r',r~ ing fro~'~t~ .'~,S~.,,..~..~Z'J. fi:.o ...... District ro ....*.':. .... ~.~.~,.-..~.-.,-.~.~. ...... ?,.,.~-.. District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... ].~.'~.~ ...... day of .......... .'].'J~.~ ......................... 195..~., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is graz~ted, £outh. old n.: - ! the requiremetife ~ Zone. Ordinaiic~ (tncludt~,~]~~din~ i Zo~ ~ps)"-~..~e ~ ~oId, Suffolk Count, ~d~ at a ', ~holq Town ~ on'~ ~ tipl~ ~id~n~ d~l~ pro~ ~..that. eel at the intersection~f~e' south~ly line. of West Rdad('~P~ westerly .of lands, now i~~r f~!Y of a~ r. nn!ng'.~. South mid laud now~,~onnerly B~,,,,~: .... 7;,$: ~tth- ' southerI~ Ib~~.,~d (Said ning north sO. ~ut~s west s'ts.la~ f~mt,);'-r,,~ t~.~nee : onds east. ~tlo~. ' the southe~lF line .of ~.West Road, 430 feet; more or less, 'to'the monument pt at the point · * or place of ~qnning. Dated: -July 14, 195~- ~ ~:~ ; ., : B~~ O~D~' O~ '~Soirr~oL~ COUNTY OF SUFFOLK ~ STATE OF NEW YORKt 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 ....~.~.,,~j:£.:f~...~./.~.. ..... weeks successively, commencing on the ............. ~....r~..'.~d.'.~/.~:... day of i~:~.~~'"~.~. ....... 19..~-7..,~' Sworn to before me this ...... -- / '~' day of __ , . ADELE PAYNE NotsFy Public, State o( New Residin~ in Sui.o.k Com'~ty I~o. 52-3'241000 Commission Expires March 30, 1959 SUPREME COURT PLTF EX .NOTICE OF AMENDMENT OF ZONING ORDINANCE AMENDMENT NO. 20 NOTICE IS HEREBY GIVEN that after a public he~ring held pursuant to the requirements of law~ the Building Zone Ordinance ( including the Building Zone Maps) of the Town of Southold~ Suffolk County~ New York was duly a~mended at a regular meeting of the Southold Town Board on July 8, 1958, a s follows ~- 5 By changing from "A" Hesidential and Agricultural District to "M" Multiple Residence District the following described property,- All that certain plot, piece or parcel of land, sit~ate~ lying and being in the Town of Southold~ Suffolk County~ _ Now Yo~k, at Fleet~ Neck~ Cutchogue~ botmded ~nd des.cribed as follows ~ Commencing at a monument set at the intersection of the southerly line of We st Road and the we sterly line of lands now or formerly of J, ~6 Na~le ~..nd running thence south 26 degrees 13 minutes se on~s east along said land now or for~rly of Nagl~ .4.10 feet; more or les~ to Peconlc Ba¥~ running thence southerly and ~outhwesterly along' the shores of Peconlc Bay to Wickham Creek (said course indicated by a tie line running .south 32 degrees 35 minutes west 106.13 feet)$ running thence northwesterly along the shores of Wickham Creek to the southerly line of '~'est Road (said course indicated by a ti line running north 60.degrees 17 minutes we~t 575.18 feet)e' running thence north 65 d~gree$ 22 minutes 40 secomds east aiong the southerly line of ~,.~est Road, 430 feet more or less, to the monmnent ~et at th$ point or place of b~ginnlng. ated~ July 14, 1958. BY ORDER OF THE S OUTHOiD TOWN BOARD RALPH P. BOOTH~ TOWN CLERK SOUTHOLD TOWN CLeRk'S OffiCE RALPH P. BOOTH, CLERK REGISTRAR OF VITAL STATISTICS SOUTHOLD, N. Y. ~u~ld, tn ~e ?~ of ~~14t ~ty off ~-0. ~ on ~ Jtg~~rd ~~~1~ by ,;he 'Fo~ ~v e~ p~~nt to ~ ~.e~lut~ of the ~~o~d ~Fo~ ~~. ,~y ~1~, ~e of N~ Yur~ ' R~id~g ~ ~uffolk Coun~ No. ~ ~mmlss:~ [xpires i~arch ~, 19 ~[ ~ ~~i.ER - MATTITUCK WATCHMAN i'~ " PUBLIC NOTICE I NOTICE OF A~ENDI~[ENT ' ~ ~ OF ZON~G 0~~ ~~ T~ N~~ that the~ ~D~NO.~ T~ ~d of the Town of~Southold~ NO~CE IS ~~Y GI~ tna~ ~ hold a public hear~ s.t the ~after a public hear~ held pursuit ~~r's ~fice, 16 ~uth Str~, ;, the requiremen~ of law, the Buildi~ Gr~~, N. Y. on July 28, 1~8 a~zone Ordinance (inclu~g t~e~u~ ~:~ ~. M. ~. said day in the matter o~ ~ Zone Maps) of the To~ so". :dly the adoption of a bingo ordinance forI the said Town of which the following a copy, to wit:-- ORD~CE .pF_~tMITTING (BINGO TN THE TOVv'N OF SOUTH- OLD, SUFFOLK COUNTY, AT. Y. RESOLVED AND ORDAINED, that it shall ~3e lawful for any authorized or~tion, as defined in Section 478 o! Article 14-G of the General Muni- (flpal Law, upon obtaining the required licejlse, to conduct the game of bingo within the territorial limits of the Town of Southold, subject to the pro- vlst0ns of this ordinance, Article 14-G of the General Municipal Law add Article 19-B of the Executive Law, and the following restrictions: 1. No person, firm, association, cor- .~)oration or organization, other thazl an authorized organization lice~.~ed under the provisions of ATt~le 14-G of the General Muni- cipal Law, 'shall be permitted to '. conduct such games. 2. No bingo game shall be held, operated or conducted on or with- in any leased premises if rental 'under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipk~ or net profits derived from the operation of such game... 3. The entire net proceeds of any ga/lie shall be exclusively devoted to the la,wful purposes of the ~organization permitted to con- duct the same. 4. No single prize shall exceed the sum or value of two hundred fifty dollars. 5. 1~o series of prizes on any one occasion, shall aggregate more than one thousand dollar~. 6. No person except a bona fide member of any such organization shall participate in the manage- ment or operation of such game. 7. No person shall receive any re- muneration for participating in the management or operation of any such game. 8. The unauthorized conduct of a bingo game and any willful vio- lation of any provision of this ordinance shall constitute and be lmmish~ble as a misdemeanor. A"Ay person desiring to be heard on the proposed ordinance should al)Dear mt the tinle altd place above specified. Dated: July 8, 1958 ~ BY ORDER OF ~ SOUTHOLD TOWN BOARD Ralph P. Booth, Town Clerk. s~of utew 38~ ~)~1~. fins, ouch ;.lude Suffolk County, New York was duly amended at a regular meeting of tile Southold Town Board on July 8, 1958, as follows :~ 1. By changing from "A" Residential and Agricultural District to "M" Mul- tiple Residence District the following described property:- All that certain plot, piece or par- cel of land, situate, lying and being in the Town of Southold, Suffolk County ,New York, at Fleets ATeck, Outchogue, bounded and described as follows: Commencing at a monument set at. the intersection of the southerly line of West Road and the westerly line of lands now or formerly of J. R. Nagle, and running thence south 26 degrees 13 minutes 20 seconds east along ~aid land now or formerly of Nagle 410 feet, more or less, to Peconic Bay; running thence south- erly and southwesterly along the shores of Peconio Bay to Wickham Creek (said course indicated by a tie line running south 32 degrees 35 minutes west 106.13 feet): run- ning thence northwesterly along the shores of Wickham Creeek to the southerly line of West P~oad (said course indicated by a tie line run- ning north 60 degrees 17 minutes west 575.18 feet); running thence north 65 degrees 22 minutes 40 sec- onds east along the southerly line of West Road, 430 feet, more or less, to the monument set at the ~oint or place of beginning. Dated: July 14, 1958. BY ORDER aP THE SOLVrHO[~ TO,tN BO.~D RALPH P. BOOTH, TOXVN CLERK REAL ESTATE at Jamesport, Mattituck, Cutchogue, New Suffolk, Nassau Point, South- old and East Marion. Experi- enced in this territory 46 years. INSURANCE, All Insurance Lines. Now is the time to re- duce your premium costs. Mu- tual company established more than 100 years. Anticipated ~o~7 rlividend 20%. M. 8~ APPLICATION OF ?!. HARRY LISTER M~. ALBERTSON: I ~:.;ml! now read the rec,~: .... :~ ~ · om.:?~ end ~t i on o ~-~ the Planning Board on the next piece of property t.o come up ton ~ ght. Report to: Southold Town Board SouthoId, New York Gent l,. emen: ~.mhis is to certify that the was ts. ken by the Southo~d Town P].ann~.ns ~,oard op :..a,,. ,::~.~, .~. . in the matter of pet].tion o, J. Harry Lister eot a :~qhange o:.F zone from "A" Residential..and Agr~,~'...~].t~,ra~~ . ...... .... ~,. to :'M" Mu].t-~'~:le Residence District, c. erta[~ ~ea! p-:".,.)pe rty si. tuated on west ~oad, Fleets Neck, Cut,_.hogue, Mew Yerk, . . ~._. c~.iariy described-~..n app].ication arid map ,-,ati~,n. Map o-~' land of W Ha~'ry Lister was drawn ~.-~y Otto ~._,... -~... , ~ · ,~. k,~ ~, Van Tuy! & Son, November 26, 1952. It was the determination o,~ the Plannin~ Board to reco.~mmend approval of this application. This is signed by John W.~ckham, Chaiz~'ns~.n, Southold Town r-~lannin ~,' Board STANLEY CORWIN, ESQ. (Greenport): I w'i'~'oh to bo.. hen._rd in ~.~ppos~.tion to this application, but I should like to say first all that I think it is generally' recognized that there is a presumption that when a piece of property has been classed one particular zone, that it. i.s done with the.idea that it 12 was in accordance with a well considered plan and to put it there with a degree of some possible permaneD~cy, and it would be changed only when the conditions changed. o~e rt ainiy that can hardly be said in connection with this particular piece of property. And I understand the app!'lcation to the Board for the change set forth at length and various reasons why the application was presented. I think our remarks 'i.~n opposition to this application, I th~nk perhaps would b~ more direct and better understood if we knew exactly wha~, we wer~ opFosI, n~ and simply having particular plans shown to the Board and certainl'y the questions have advanced, and the adoption o.f this ord.inance has gotten us to the stage where we are tonight. I think we should first hear from the other :side. MR. ALBERTSON: We generally hear from. those opposed first. I have no feeling one way or the other. MR. DEMAREST: There is no reason why ¥~e should change the procedure since that has been going on since the Board has met. MR. ALBERTSON: The reason that the attorney gave that perhaps those people here would know a 1. ittle bit more about the application. will ask for those who are in favor off. MR. STARK: Mr. Chairman, I would like to speak in favor of the application. I appearing as attorney am Thomas Stark, Riverhead, N. Y W $ for the applicant, ^Harry Lister. I want to state first that I am ~n accordance wi~b the remark of Mr. Corwin in that there is such an interest on the part of residents here in this application, that perhaps it is better procedure to have Mr. Lister present his plans to the Board. The Board has seen them in some capacity, but the people here may not have been as .~miliar as ~-1 o'.~ us with them. This is an application, as the Board kmows; to change Mr. Lister's property on W!eets Neck, on the southerly side of West Road at the very end. o~ that road on West C.~eek from. "A" Resident~ial and Agricultural. to "M" Mu!t~..p]_e Resi. demce District. As the Board knows, this type of '-:omim.~g is multiple residence zoning and tit was just recently c~.~ated 'in the Town by' amending the 0rdinamc~, amd prior, .,.p one mom th. a~ th~.ro was no suah. l.~mit.ing zop. e eot m.ult:~.~-~~ ~es~d;onoe purposes that entiti, ed a person who wished to co.~duct a mu].t~.[~.le residence of any so?t wo~ld have re, s, hift into a much lower classification of "B" Business D~i. strict. I would like to review for the benefit of *.he Board, and the p~ople who are here tonight.., th~ b~,'~k~'rou.r,d o~ M~ L_~st ~--~ ' s.~.... .~. actlvit~s~_ in the ~leet~. ~'T~ ck.... _ ar~a~ ~..~,~d. ~ h.i~-',~ reasons. ~ In 1954 Mr. Lister purchased the property on Fleets Neck the north sid. e of West Road, which I be!2eve all of you are familiar with, and it is known as Boatman's Harbor., He did quite a bit of improvement to this parcel amd at the time o-~ the ad. option of the Zoning Ordinance last fall this property was specifical]~y zoned "B" Business. in .955 Mr. Lister considered the expansion of his mar~_na idea down there a~d at that time acquired the property across the street property, which ~.s t' ' ...... ne su. bj~n~ or th~.~ ~ppl~ation : :..~ ~ ,,~: .~.. ~ ~z'~ ~., L ~,. ~ He acq,_~-lred with the idea off develop:t..ng a Ion:fl '~ange p~an the ............... development oe his marine and water '~':,~iTM t-',,.es alon~ eng~neer and prepared deta~.l, ed p!ams For the development of th~ ~'l~t. pr.~pe~'ty th~ property 'w~, are ~on~r~.~d with. tonight, wieh ~ new type o~ fac~..~'.~;-y tn t wa ' wr~ ~ *~ many that ~.s just beginning to become knovan around, the country what w~ ~all For l a~k of a better-wo.~,.... y~-~cht e~. , The plans were prepared by an s.:~-ch:itee~, s. nd engineers -~,~d ~nv-~s.i. oned the c~.on, struce.~on of duplex ~.~iden*i?~~ ............. . ........... .,. ....... ~ ..... ~. u~. ts on this ,property. Each unit ~s to ,eontai~ two eom. p!ete apartments for $~ason ocau. paney, ..... _ ~' ~ ~ v-~'~r ~oom and bedroom and bath and kitchenette. Inc]..ude~:~ in h..~.s plans at that time w~as the development o'? the shore .-['~,-,or~e along West r~ek a~ s marina or boat basin His plans envisioned that this marina would service people who would :_~ome ']..n and doc~ thei~ boats, lease or rent one o:? the yachte7 units, .At the same t:'t~.ne 'it was planned, that the Mari. na woul. d be ,'s. vailable for non-commercial boats and private owners who m~.ght w~sh ~ lease mooring space along the shore of West Creek. Lister 'went ahead in 1956 and began some work on this property by p~tting in a complete water system v.~hich was to service th~.s event~al yacBte!, and did a considerable amou'nt o9 bu!kh, ead. ing the far end of the Town Dock and West Road. ~o!!owing the adopt.-'_,.~.om of this Ordinance the c!assifi, cat[o~o th, at the land was put under u~der the ordinance wou]_d 'not ?~ermit him to ahead with the yachtel units. And Mr. Lister has then held his plans in abeyamce pending any possible change lm the Ordimance which would Fit more into his ,v!ams and better into the ~eneral neighborhooc] of Fleot?~ .._Neck About one month ago the Board adopted a new ~.ei. assific, atiom. -Sor the Town which would pe~r~.~it the use of the laud for a ve?y limited purpose which are described in the Ordinance for motels, cottages, units oF th!s nature what we call~ :muitipte residence rental units. This zonimg ~.?!assi~ication permits no other type of business in such ar~ area if it is zoned "M" Multiple Residence. Mr, ~ . Chairmam, we feel that what Mr. Li"te'~~ ~ envisions down there is something that will be for the benefit of the residents of the Town of Southold. We know that one of the biggest assets of the Town of Southold is J..ts waterfromt area, a.~d its waterfront area in many creeks am.d 'beaches, of course, are one of tb~.e greatest assets For th~s resort amd tourist business, and in that we already have an existing business district right hext to this, so therefore, to change to "M" Multiple Residence District ~s not out o~ ~haracter with the general neighborhood, a~d would not bring any other type of business into the proposed "~" area. We be Ii eve ~that Mr. Lister's improvement of the waterfro~t and shorefront along West Creek would enure to the benefit o.~. al! the residents of the Town, that the waterways wi]'l be stabilized by that space becoming available to boat owners with a cha~nel that would lead up to their e.xisting :Town Dock on the end of West Road. We would be very happy to exhlbit to the Board tonight complete floor plans of one of the duplex units Mr. Lister contemplates to construct om this parcel. We woui~, be glad to have any of the other residents examine the plan tonight. I urge the Board therefo.?e to go along wi th the recommendation of ~f the Town the P!a~ning Board of Southold and grant this application for a change "A" Residential and AGricultural to "M" Mu 1 t i p 1 e Residence. Mr Chairman Thank you, . . MR. ALBERTSON: Is there anyone else here who 'wishes to be heard in favor of this application? .~RANK~ ROGERS (Cutcho~oue') .' I am President of the Cutchogue Chamber of Commerce, and I wish to be heard. I would first like to read to the Board the remarks 'that were made in the minutes of the Chamber of Commerce. ..17 The Board of D~rectors of the Chamber have acted upon tonight's motion before the Board, and that is why I am here: RESOLVED that the Board of Directors of the Chamber be, and it is hereby authorized to consider, either upon its own motion or upon the request of any property owner, any application made to the Southold Town Board or Town Planning Board to change or vary the Zoning Ordinance in respect of any property in Citchogue, and, in the name o.~.~ the C~mber, actively to support any such application the ~ranting of which would, in the opinion of the Board of Directors, be beneficial to Cutchogue. And here I have a letter by the Cutchogue Chamber of Commerce to the Board: ~outho ld Town Norman Klipp, Board Supervisor Gent 1 emen: Pursuant to the enclosed request from W. Harry Lister, we, the Cutchogue Chamber of Con,me?ce as per enclosed resolution, do hereby flavor the change of zoning as requested by him. Respectfully, .~rank B. Rogers, President ~~utcho~e Ch~nber of Commerce Herein enclosed also is a letter we received from M.~-~~. Lister. It explains his reason for applying to the Board the case to us here tonight. And we all fee! that ~t would be of great benef.it to our commun:i~ty to have 'these ~ ad ~ :-~'~ ~ nm:,,nended ~..V un.its down there to. .. att~a,~t_ ~ touris~., tr e a~-~. . ~..~..._. .... .. the Un'tt,~d etntes D~partment of '~ irc .... -.. ...~ ..... . ,~Om~ e e . Th.? community can ,_.,.e~ee!~t eton. the Tourist b-usinees :'[ .......... the Bo.=r.~ ac,, i.n '~ avor o'? Mr. I.,~stet~. ,v,p ,~tLPERTSON · many b~.~s~,messes 4epend on eh~~ s~asona~ T~ Vr r.--: ste- is ~,~r,_..:nitted to expand his ~..t ~: . ~- .... ~ . ~'~ ...... '-' l'~- ~ ............ !OW;':' r, ,'*~'t.lr 'taw r.~t~ '...~ : '..~/ . ~ ~ .... ~. it? wi]! ?ur.~,n_o.~ help our l. oea~ an."~ i. nc rease employment in Soutb. o~d Town. to ~ur lo,~a] merchants There is hardily anyone thl. s trade does not oenefit,: farmers~ building t, rades~..~-,n, ,:~ . ....... ,-,- '~lshin~ statinns, ben~e.y par!o~s, o~tnres., ~as stations, ~ .~ .... - ........... ther~tres. taverns, res't,au.r..ar.~t:~, ...... ,:a. ~ · I'~ proper facilities are not provided we wil~ lose the ,.in.an~ial bene~Sits of the in,~rease oe vacati~-~e~s It known fact that where the vacation was a few montb, s now ~_t ex. tends ffrom early spring to late fall. This means rnore income for our' towns people, and it helps a good many financially through the winter. Another thins to consider is the increase .:i..n our popu- !,'~.tion and our school enrollment. In the past few years our schooIs have increased by 50~ which and if we continually turn down business very few years we will be faced with a seriou,~.~:} unemployment problem. We should consider the ffact that w:i..th an increase in the population and school enrollment we ~nust have business to s. bsorb increasing ta:,{ burdens the homeowner will not be able to bear. In conc l~.usion I recommend that the Town Board approve Mr. Lister's request for a building permit. MR. ALBERTSON: Is there anyone further to be heard in favor o e this chancre s MR. STARK-. Mr. Ch~irm. an, be fo re you ~lo~e ~ this part of the hearin.s I would like to submit certai, n petitions that were submitted in favor o?, and turn them over to the Board. (The petition~ re~erred to were received~md deemed part of the record.) 2O MR. ALBERTSON: Is there anyone further wi. shes to be heard in favor of this change? (There was no response.) MR. ALBERTSON: Hearing none, we will go to those appe.ar- ing in opposition. STANLEY CORWIN, ESQ , (Greenport, N Y )' .~;~ Chairman, might say that I am here this evening representing Mr. ~red Yo,~m,~_...o ~ ~ ~!eets_ Neck . Mr. Youn~-o _.~ s a sFok~smar,... ~.~o~ an organization composed of ~omeowners in that v~.cinity which is in the stages of the formation now, and it: has not been car~,~.ed through to the point where he has be.~n able to auth. or~.ze me to speak for other people speci?~.cally, although I have spoken to a number of people in the vi. cinity this a?ternoon who have asked me to speak for them. Many them are here tonight and will speak For thernselves. I am very grateful to you and Mr. Stark to change the program a !.'.ttt!e bit so as to have a presentation of the reasons why this application should be granted, an¢] i't has been helpful to us in some me~sure, although the presentatiom has been made in such a way as to make it appear that those who are opposed to the application are opposed to progress; and that is certainly no so. We who are opposed to f~t are not opposed to a motel; we are not opposed to tourist trade; we are not opposed to boati-ng and the We think-j..t is and agree :~t is a 2]., fine thins .~or our community to have these busi.~esses and we wa.~t them to be in the right place, and we ,~re sure that is what zoning is for. And in connection with this app!i- cat~on we are not to lose sight of the basic reasons for zoning. We must ~ind as reasons 'eor substamti~ting the ~_~hange that it will serve to promote the health, sa.?ety, the morals and ~'~ener~al w~l~are of th~ town .i.n general, an~ o.r this vicinity in particular, and with reasonable consideration, among other things, to the most desirable use to which the _!amd of each district may be adapte~, the peculiar suitab_t-i"~ty for particular use o? a d~.strict, the comservat'ion or property '~ ~ d~ve..lopmen t '~ r, ac,~o ~,4. - values ~nd th~ dire~tion of bulndJ, no ~ ante with a we.l_.l considered plan. ! am sure that t~he Board w~-~"i p~ognize that is taken fro-m th~ ~.nitial -'~,ara~:~raph oe "The Purpose Clause" and the Zonins Ordi. nance, rom the .... .qtatu.tory... ... Enab]~in~,~., A,~t.. that this typ~.._ to. =xercise,., proper ........~~..~, at,~ onso .... in t,h.~---., eield_ o.'~? zoning. Let us look at these things one by one. ~!pp!.'~_cant proposes a change to be cons!.dered, promoting health. not putt.trig a great~. .... ~ .:.~,~rowth o'~: ~-r,~i .~ti. on, ... ......... .. .~ _in a hu~t up ar~a~ And w~.!. not it b~ inv~ti, no' disposa~ _ , ~ ~. -....~., ,~, ~.- · ~. _~- . :,,~ .;~ , ~) -~- waste ~n . ...... o __ ,_ font? _ "~ ~ ec :~ n_te both Pol!utton can , ..... pr publ~.~ ~nx .~ommercia~ enterprises I think that the re ~re going_:, to be exceptJ, onal. demands for wateP. mentioned by Mr. Stark that ~lready ~ commercial well been du~. That is ~lsc. mentioned in the application '0efore the Board. And it was put in the northeast corner or these premises where the elevation is the highest, and naturally to the property of the nearest neighbor. Now, there are many other things that wilt develop as this enterprise grows, if it does, as a business. There are the~e continual and irritating noises of outboard motors, and this hardly can be said to promote the general welfare for the swimming in nearby waters. Certainly the safety, morals and welfare of the children who live in that area in private homes will not be helped by this development as contemplated. The Board also, by the terms of this ordinance, should consider this: give consideration to its most desirable use to which the land may be adapted. If you haven't visited this area, and if you can't get a mind's eye point of view of it, I hope you will, but if you v%sit the area the visit will disclose a parcel of land which is uniquely adapted for residential purposes, particularly suited for that use, except for one area where for many years there was one resident. The lands are wooded in this area 100~ and the trees are 6 ~nches in dimneter. The water front on the bay is not particularly suited for commercial develepment because of the gradual fall away of the land under water and expo;.~ur? ~o the prevailing southwest wind. Now· coms.~.deration, a~'co~Oimg.~ ~ . to the ordinam~~..~ ~., .~s to.~ b~.· ~.. ~?ivon ~'~ the consorvat%om of the property va'i.u~s The ]..anq~s t'n the neighborhood, with the excepti...._o'n o.e the B'ustnesa D.istri~t on the ar-~ek a~e ,'~voted ~xr~.lusive~v residents more and more o? which are being co~ve'rted ~°rom seasoma! summer dwellings to all year round homes. Those who retire to a home, we]n, T o. onsid~:,~. a most desirab~ ~ ndiv~.dual. No honest person wl~l.! state with $-tncer~.ty that the property values wi l]. be conserved. We !~a;:'e this down- zoning for consideration. The Board shall ~ v~ ..-onsiderat-~or., to the trend of building develo~mer~.t. ., .,.~.~.. :.:~tark has this use for which a~ amendment I.s sought ]~s ~ew. Th~ Zoning Commission did not see ,~it to ~n t ~..r:, ,~h~ o~i~na3 ~:'on'-~.' ._~ng~ 0~'~. o. inan ce a'nythin~a~ o f thi: s .... ~.a ture , wh~, ..... the'~, they. di. scussed .it or not I don't know. ~aybe the[.~ d'~q., but we don't have the benefit of that or any report:, indicating any trend in this particular district. However, there is hardly any trend 'in this vicinity for the reason th.~.t .+-he are..s~ is almost entirely bui. l~, u~ with homes., ~_~ .......... .......... ~, with ~'~"~ vat.~ reside~.o~s. The Board should gi. ve consideration to these ~h~ngs and bea.~ them. in mind in considering whether or not this amendment should be adopted. People have .invested ~.n 'thi. s area seeking privacy from the encroachm, ent of co~uere~_al en~rprises...~ and th~.., attendant aspects thereo~, which is the very antithesis for which people settle '~..n resid, entia.! areas and vacation. Now, the owner of the la~d, the use o ~ which i.s sought to bo~ changed, will not be :~nJured_ if turned down. =~t wou]d._. be unrealistic to assert that a property cannot be used for residenti, al purposes as zoned. Besides these ~onsideratIons one more s.l...-'i.~htly more techni, cal aspect to the property should be noted. ~ccompanying the application beffore the Board is a map showi'ng the ]~ocation of some 25 cabin units whi.'~h Mr. Stark told us is going to be extended across, which would ~.rake i.t about 30 i.n all, and they are spread, about the entire upland of the tract. Now, the Board should consider the proposed map very carefully in the light of Section 355 o''~ the Ordinance. Thgt Sections says in substance that where property in the vic~_nity is partly built up with permanent buildings, the average setback line has been establ..~shed and no bui. iding thereafter erected or altered shall project beyond the line of the average setback so es tablished. Now, that would ~ppiy by its terms in the "M" zone. We must concern~ ourse].ves with the area between West Avenue and the Bay, along this area, including three residences to the east owned by Mr. Lister, and there has been established a very well. designated setback line which would prohibit any building being erected on the 200 feet of the premises. it snou!d a~so .... be ~ecr~g~ized._. that there ~nay ?~e ,...~,btained a ,o..5 spe~'ia.!_~ exception under "~" Residential and ~=~;~r'~ cu!tura! Distr~ct the premises are ~ow zoned-.~or use as a marina, boat basin for the docking, mooring o~r acco~,.odatio~ of non-~commercial boats. Now, subdivision 17 of Section 100 of the 0rdinance de fines marina or bo~t basi~ ~- any premises conta~nin~ one or more piers, wharves, docks, bulkheads, buildings, slips, basins or land under water designed used or lntended to be ~used primarily for the accommodation o? motor vehicle transients. And subdivision A oF Section 300 permits uses customary and incidental to those which have been enumerated. Now, it wou].d seem that i.~ the statement made a part of' the applicat~.on, and the reasons for it is to be taken at face value, the first logical step by the application 'would be to apply to the Board of Appeals, and if not, a variance by a specia]~ ex~eption to conduct this particular busines~ in "A" Residential and Agricultural District, and a~.te~ the wish to change it to an "M" Zone he cou'ld do it -~n that way. Now, I think all of us recognize that those who are in . ,-r or these app_lications apd those oppose~ eo them are apt to be conc=rn~d.~ ~ ....... w~th their own That is to be expected. Thus _is devolves upon the Board and you gentlemen the necessity of resolving those things i.n the best manne~-, to promote the health, saCety an6 general welfa~.e .?f the community and the town whe?e ~n ~ndi~.vidua'! 26 seeks a spec~.fic and distinct privilege at the e×pe~se of the ne~_.~hbors. The wellbeing off the neighborhood must be served against that type of encroachment. The natural an.d :n,~se. s~ceessful de the applicant'° ~-~opert~ ':.z ~,~t b~ino' '~' ..... :~ l~' ~ ; .... ~ .... C_} denied him. There .ts another ~easo~. that ah,:~ ~?~,~ ~ c,~t~ on should h~ denied as the propose~ amend,~.ent ~,~.' ~ .~ un~,~'~nse.~tut~Lonal an4 voi S on the g~n~al ~iir-~'nd ~'h.:~t ~i.~. '~ -' ~ .~-. -~ ~ ' .... '~- d. ~.~--..~ ~.~ -~ t- !, ' ' '?,n ry rema.~ ks, ! sa~d to the Board when ! mad.:-~ my p~-- ~ that ~t is well recognized where an app ]. :l ¢ at "i c-:~n is made ~~' ~~'-~'a.~sifyins a t-act ~t -i.s the ass~m, pt"~on t:.ha1-~, thp :w.~,:~-'s Veo~ a~.~ Thank ,rou very much .smon~,,~:,~t'~ on the grounds '~ t w~ ]] t~,d t.o .J. ov-:',~,,e.~.,_ the, su.'~- rounding property. · ~ . ._. . .... =. areR. ,. ......... , sh --.~ ~, -,.' ro~r.~ a. surm~,~e .~ r~sid~nt,~ an +._~ a -esirn y b': ~n as~ ~tl}.l ye.~r round area. ,2. -~:,:~om~r ',~ the ,':o..mmun~ ty t-hah do trans.t~nt,.~ ~'- um.m~ ~ :_. :..~., : .... y ~. res2dents. ! think ali. eeforts should be made ~.o encourage that type or people rather than transients. have .no quarrel with Mr. .u-i_ster i think he has don,---, :~ ver~ tin i,ob fi,-~wr, there with what h~ has, an4 he has -.'-~, very high sense of civic responsibility. I do, however', object on the sround, s that this 'is violating -~ principle and i be!i. eve if thi. s exception is granted, it would open t.tp the door to others and estab.l~sh_ a preced~nt~ , and thai: ........ :-~.~-~,, -ru~,?,her~ . · ~quest wou~d ~stab~,_~sh a ro~tine or~ the ,'~'~.~.~d e. hat .~ieets Neck was granted an exception and it could n~ possibly be denied by the Board, It is on those grounds I object. I know that Mr, Lister has all the intentio~ss in the world ,,.e puC, ting up a very high c!~s° ..,. .- ~.. ,~ pla~ down t-]q~~-, hut he '~ '" 0 ' '" '~ '~' '" ' ~ "'~' ~ cannot control the type of people that come t, nto his ?lace. The or-',ginal owner of that property, Boatman'?, Harbor, by ~ro the way I am very famiii~ar witB th~-~ place, I ~-~e a ss the road From i.t and I have had my summer hom~', e, here since !99h. The place was a marsh and tb.e ori.~inai o'~,~,ner had am idea that he would not allow any liquor there and the next one who came there put in beer, and. From that time on we did not sleep at night. None of us are immortai and. the-~e is no guarantee that the next person who owns the property will carry on the high standards set by Mr. Lister. Now, I don't believe that there is an.y hardsk.[p i-nvol, ved here- the owner J s not being deprived of the use of the property but simply being deprived of the speculative use of i.t. It can be very easily co'averted to a very fine residential section. I want to go on record a ~ saying that my remarks that I just made are my own persona] views and also those of the Fleets Neck property ow.ner,?, Association who have commissioned me to speak..for them tonight. THE CHAIRMAN: Are there any others who wish to speak opposition to this AGNES MOTHERsELE application? (~ast Road, .~_..utchogue) i l~ve on Fleets Neck. I wish to register my protest to th:~..s var~._a~ce. THE CHAIRMAN: Is there anyome els'~ who wish. ca to ~e heard in oppositiome 2© to register my protest. EDWIN BADEKER (Fleets Neck, Cutchogue): I wish to register my protest. CHARLES WYSONG (Pequash Ave., Cutchogue): I wish to register my protest. MRS OTTO GERHARDT (West Cree Road, Cut~i~'~ ogue). I wish to register my protest. BERTRAM E. SAUL (Cutchogue): i have been a summer resident for after resident^next thirteen years and expect to be a permanent year. I wish to pretest the y ropo s ed ~mmend- ment persona].!y om the basis of the remark~ th~?.t M~-~. Young made, amd I would also like to ment~[on the Chamber of Com~nerce's argument about attracting trade to the town overlooks the fact that there are ~:nany more sumzner residents :tn ~]eets Neck now than would be coming i.n v~ith any such mu]_.ti~- pl_e residen,oe proposition. FLORENCE E. DURL~ND (West Road, Cutchogue): i object. JOHN KREUTER (Cutchogue): I oojec ~. ESTELLE SERENBETZ (Pequash ~ve., Cutcho!zue,. I protest. MR. MULDER (Pequash Ave., Cutchogue): if want 'to protest aga~mso that. MRS. RALPH O. WILLIAMS (Fleets Neck): I l~otest. JOHN WILLIS (Pequash Ave., Cutchogue): I ~,rotest WILLI.~24 BESEMER (Cutchogue): I object. MRS. P. GRISWOLD (Cutchogue): I object. 3o 0LGA EIDERTSEN (Cutchogue): I protest. CLARENCE COMES (Cutchogue): i am glad to hear that we h~ve a. Chamber o., Commerce in Cu.t~ho~ue I haven't heard much about it in re~ent~ years. It s~ems~, the~., s~'r~etch:. _~.~t~ r'~ore than a ]...~ tt~ ~ when they attam~t to say ;~hat~ ~b~ou]..d o a~a pu~.~y resident-~al property such as ~.~,u~o It has been .... al d'lstrict ?o~ years, an~.~. I don't want to have an~ ~,reation of what you would cai! bus'f...ness in s,ny way. ends. would a_.~ agree we. ~ive the re and_ ha'~..,e a qui~_,,~. :"' ~wds o~ !~ a~~ p~aa~fu~ ~i~ anS. we don't want to hay-~ ~..~..~, peop ,~omin~-' the-~,e and :i. nareasing the trs.~f~~ or-~-~ny .'~,'-~ those any more than we .now have. ~:~,y wife ~:~.'ad ! ]~ive ~.~.ght across the way ~rom the prope~ ~, .~n s. d t ?~ump they speak o?; that was ~:u.t]t a year, ~'~-~ so ,..s.~Zo ,amd I bua, w~ '-S~e~ it.. ~s something? that ~ho~ld mot ~-',~ o~:~c]~:~.!ed, '?STELLE COWE~ (Cut~hogu~) T own e.h~ .:2 :~o .,...~ e r t y ~ x a c t ! y ~p~o.~it,::,._., ,~. . tn this ~and 'in qu~,~i.~n,:,., I ws. nt ~.-':~ ~--'~,~.k. for Sue Na.se~ .......... who asked me to speak Co-,~ her and re:,'.~.ste~~_, . _. he,~.. prot~-~st_ agai..mst :~t~ and we both of tis are the larges, t property owners bo~ndin.g this land in question~ an:fi she ask~.~d me to speak for her. She was unable to co~e and protest.:. q THE CHAIRM.~N: Is there anyone else who w~shes to be heard in opposition to this change? MR. STARK: Mr. Chairman, may I address the Board once more regarding? several points th~.t were-na~se?1%;~r Mr Co rwin in hio ~ ..~ pre~,entati on I understand, that-:~.t. 'pet. it,.on has been filed pursuant rio Section 90'2 of the o~d~.n, ance in the nature ,--e a fo'~ ~ test wh.i.~cb wo~ld ].-~ ~-~'~ !' the voting ~.~ ~. ~..,~a.~ prO _ .~ ............ power of th~ Board I w,~uld l'-~k~ +",", be su','~e ahat *hat complied wig. h, that the only secti:~ns that ::':ou]_d b-e con- sidered are those that !~ve ~...~i.{.:hin ] 00 Ceet .~,.'? t. he proposed area as !~,')~it~n~ the vo't~e Secondny, rega~di, ng the ~.ket~h that wao ~-i~ed w~th Mr Lister's ~pplication, ! would like to call ~.~:he Board's attentiom ~,-h. at the.a was somethin,~ that w.~s ~-r ~o~=d years ago before the adoption off the ordinanae, ~- ~,,:.,e.~,~, ,+-he . ~.~ ... ~....~ ~. .. ,:. t~.,~ ~ ~.. ~ a.n~ do~s not creating o~ this new m. ultip-~ ~o~d~.c.~ ~,~,:," ~ in any way i nSi--ae, e,,.. ~ ...... a 'ninal p~an_ ~....~.'P.~ Hr, Li~-,t~-~,~,.~ . ~., ~ns t~.._~, the number o's nn~ ts or as to the ~xa~.+' ]o~.at{ot,, o'~ the u~it~ ~ ~ . ..... '~,~ ]i.':.:-~ited to the The number oC th~ units would, of ,-ourse, ~.~. .... location ;~nd size, and would eo'-~' ~- which wo~d requi~e the nuzmber., ht~t -~t w~~ 4on~ ~o'oo' befor~ ~ ~_ .~. . .. ~ ....~, ~ ~..~. ~ .. ~.~ . .~ , ~_~ '~- the ordinance. So I don't want the Board %o consider those plans as to any formal location. I would al. so !1. ko the Board to exp].ain ~k this change -ks granted an i ?~me d i a t e application wo~..~ Id 39. for a permitted use of a marina along the wate~fror, t. MR. W. HARRY LISmER'_ . I would ._.~ike to co~'~~t~_ , ..~.. some things. ! ~',..~hink this has been b_lown up far b~?yond~. ~ ~ . ~-~.h.e actual setup. As Mr. Stark m. entioned, th.is ?~-an w.-'~th some 15 units, this was drawn up by Mr.VamTuy! some ~ou,~ or five years ago, which was his idea wi th what could be doto. e there without any ordinance, and. withou, t s. uy setbac~-.~~ and the square footage. And that sort o~.. thin.~o I questioned whether there could be more probably amount to not ten units put ~._n th.ere v~h:i.,ob woul. d ., ten duplex units. Now, these yachte! units, they are^motel units i,~,, any :ens~' -,~ o? '~'''~,,.he word, They are equipped not for cars but For boats. So '!t .is reasonabie to ass'ume that hal'? of these will be people 'ii. vi:og in boats or having boats ther~ so probably ten or twe'l, ve boats at any one time. When y..,:i:~u, figure ther~ is probably ].00 parcels o-~ ]..and ~i!.own ')~n ?ieet$ Neck that could b~ l~u~.it up and are bein~ bu~ It um there, ~..hese w~_i~, bring far more traffic than this small umit that I am speak- ing of. I would also ]..-~ke to go back away?~ and develop that when I bought Boatman's Harbor I bought 'it l'~ecause it was such an eyesore down there a:~d I started to develop 'it. I found out from an economic standpoint that I could not retai~ tt and be ecnnomica!ly successful i.n that particu!a'? parce].. I have gone all over the country and I have checked marinas ~d I °rna that-~ow.adays ~.~ .... ~..~. .... ,.. : ......... ~,ou hay~-~ '"~ ~,~v~ the ya~bte! units along with your boats and in order to get them I bought that piece o'? property with that in mind. I have to have that piece to make it economically sou~d. IS I don't have it the proposition :ks not going to be a sound proposition because I need the boats amd units to support them. So this application is am economic propos!t~on, to some extent. Now, as ~rar., as degrading the are.a I wou~..~ d "~.:..~_~k~_. ~o,~.. bring to you gentlemen's attention that I th.ink I ow~ more property in that region down there than most people. I have a beautiful, home on the bay. I think these people wi.]] admit there is none better down there. And I am surprised to hear about these homes we have around there. Someone asked, me to go down and ].ook at them. I think :'.,..t would be a good.idea. Most o-~.~ these people who s~:ok..e about these residences, they have several other residences wkich they use to rent out. One objector, Mrs. Comes, spoke about a res~.dentia! section. Her parcel has four units on it and she lives in one and_ the other three are rented out. And in some instances I would say that, they are not, particu].,a.~-ly a boon to the con~munity. We don't have the situation down there that they would like to present. I ,am o~-~oi, ng back again._ to when I bought Boatman's H~rbor. It was in a terrible state. When we had high tides the water came up on the road. and I fi].!ed it almost 4 ft. and.. I bui!'t 'ul,.~ the docks, and ~ h~ve a tremendous about the a lotto property I judge I am you investment. neighborhood I think help hi s home and which is across the is ~50 ft. from this. building two houses. I look at those un~ ts you than the houses dorm there degrading in whi ch the area I I live and think ! I expect many years. It ~s built I am goin~ to live there it would be wi thi~ my the investment I have And when Yo un ,:~ speaks he will have to I did ~.~p,;~.raded - ~ the i own street rom my which I have eight !ots on which hope wi]_l to bui Id si.x inore. Pind that they are If better exi~tenc~ have bui it it up with the home to live pe rmanent!Y in not too for permanent permanently- province to -the re, So i hardly bel,~eve degrade ~y property and whi ch considerably more than any :i.n the area. have a We speak of loss number of these before the did not: lose 0~ spent money trees. ordinance units went already any t tees. in and they on the trees and I to go ~own the re just were ~a~.d out and we ~ t ovr~',"' O'T .re~$. will not I ha'ye lose a single tree unless I have to. MRS. COMEo- one oe the four past h~.story was West I thank you. Since Mr. Lister ho!iS es in which I F!eets Neck. The ¥~a S a. S~3!VI~.e r has live cast aspersions on. I ~'r~ay explain the origina ~ house which New Jersey and a friend build a little cottage the rear. That made unfo rtu:oat e .~, ~ ~-hortly hands and ! have had rented ~t not travel. we d e :~' ~..5. e d all w-'i.n u. er. out and. Mr. to ~!orida vS_sEted us and eot her. 2 h.ous e. :-~.o we Then a ..o t e -?. ar": d t !ae .. m~:..bers CT our w h ~, c b v,' e ',..0 e s m.O bu 5... '~ t asked bu~. it call -?~t. That we the h,. .... use u.- -i..e 'we wou~d a. o, ottase in 3. ?.dy ": t i ~ d ors wb'~ch was just. litt]..e extra money W'he _? e W did merely to start!.ng out at the time that was. our lot'. ~d we, sai~ tb, ey ~!...?. the bOLlS ~' and we couq...d :..'~sod to %o a. nd help a youn'~ here. We ha, ppex~ that '~s the ~.tory o ~ 'teh '~o'ur to have a Othe.~, tha% -ts amo ther :..:?~ute-. · , t So.me:>ody m, of.o~ ~ Look qt Duck Pond. picknick and now it '!.s-not a n_~ce ;:lace bu.& I t 'h'.-.:.iq dino' ~ there everybody could and en oy them. sol. v s :YRON DIXON ]..e~7..,. ! i, ~..vo4 of Commerce and '~..t has been ir, existence a goo~ m~.ny years. It is too bad Nr. Comes d_~d not check on that. I have heard a lot going on h~:re tonight and it seem ~etting away Prom th~ ar, tua~ thi.n~? --~ o o or whi,~ '~ .... re here It is a known fact that Mr. down bungalows^there for f~f~ ~.. ,..,sen and Mrs. Comes ha'~?e been ren. t-'.,ng ~ut I don ",~ th'~nk that ye ars, .... , has anything to do with this request o'? Mr. r.!st.e?'$, and E ~m in agreement with ~...~ ._.~zster.: ~¥~,,.. . List,~..~ h~o.:,~ done a tremendous face lifting job down there. He -",s dain~ a good job. He has helped the eo:~nunity. I am. not talkin'~,' ~,. ,z, .~.or myself pat~ti cularly. The attorney said it w~:u]_d be personal ~here seems to be more personal im. terest on the opposition and I am not ~Eor that. I went in the servi¢.e and served the country to make sure we had a 'nice peac, eful way to live. ~ ...~ ,~ is what we are The advancement and growth of the ~ommunit~ for, and why this is being knocked down I don't know. i have seen all. the plans and it is a fine thing and a growing thins for the community and I live down there. THE CHAIRMAN: Anyone else wish. to be heard either for or ag~i. nst ? AGNES MOTHERSE~r-~'. I also live down thePe amd I have lived down there even longer than you. ! was there in !.898. I don't rent anything; all I do is live there and I lived there all. year round for te~ years. I have been coming down here fi~ty-one years b~l~ev~ ~t or ~.ot My' ~~nd aur~.'~..~ wa': ~ .. ~- ~ -,,,.-~. ~. · , ~ .~ · .. ~. · -. .,~ t, ..?' 37 Amelia Young o~ Cutcho~ue I still remember :~!! of this. I think that Mr. Lister's plans will be the best possible, but I would, like you to bear in mind that i t wi]~.l open this sectiom up to more motels. I am .not in favor of this ome, but I am sure it will be the best possible. I stay in motels. I think they are fine, but I wish they wou].d not be on Fleets Neck. MR CORWIN- Mr Lister mentioned some ~,roblem of the economic feasibility of operat~[ng the business development he has. fend in the immediate vicinity, whi.~,o, he was talking, I was lookin~o at a tax map whi~h~ is used by hhe Board o.~ Assessors of the Town of Southold and our assessors .and it shows that this property which is proposed to be rezomed ~s c. omtaini.~g 2.3 ac res. There is property which .ls owned by Mr. Lister or by his :..',lose held corporat'on very near there which_ is i.n the business area larger than the parcel he would now have you change. There seems ',:,o be no reason why, iff he wants to develop the business area ?or the use of houses, so there is no reason why i't could not be done and without the necessi'ty of any chenge in zon.~ns. MR. ,q~MNABEL' I would l. ike to ask Mr. Stanley norwin one question because of the -_Pact he bro'ught o~t an accomp- lished fact. Mr. Lister developed his bus:~ness propert~ which .ts there, -ts the business property a~ny further away from the ~es~dentia].. area ......... .~ ..... , .... ~.esent resi~enti ~1 ~re~ that Mr. Lister put the motels on, and would there be ~ny objection to the people here tonight to put the motel on the business property r~ther th~n on the residenti, al property? The two property_es ~djoin e~ch. othe~, and in *h'[° ~ase I ~a'~ ,. see ~ny diffference whether a motel is on uhe r~ghthand side or the lefthand side, it is stil~, in the s~me area. As Mr. Lister stated beffore, he is ~ large property owner down there himsel?. I don't think that any man that owns houses and has .e business there would want to run anything '~ there that would ruin the .... community. ~leets Neck, has m~ny, m.a'.ny rent~.ls Now, Cutchogue, I c~n see @. y~chtel as Mr. Lister says would be mueh more ~dv~nt~geous than the rest oP these summer resid, ents that are presently there without any ffoundati, ors ..s..nd a good many things that are so wanted thing~ ~k~ that name before, I want to say I .am i.~-?a, vor ~?? .approving this plan. BERNARD McCAF~REY: (Cutchogue): I wo'ml.d li. ke to go on record as being for the change. One or th,=, ~ ~ ers brought up the natural, potentie..!it~es o? the creek:~ I ? i..t were mot for Mr. Lister it would not be open. He l~,--ep~:~ .!.t open every year. Another speaker spoke ,qbout ~o for the discretion and intel!.~Lge~..ee of you gentlemen of the Board, and I believe you cap.. see fit to look over Mr. /~mnabel's letter, and all these di?eerent things th;~f he has presented~ and p..-n..ss your res,'- THE CHAIRMAN: Is there anyome else that has not beer': heard? FRED YOUNG: I would like to ask somebod~' ,~rom the Chamber of~:o.mme ~' tee to tell.., me how ya~bte~,s, ...... a.'~-~ ~,oing,'.~ to. bring more business into the Cutchogue area. These wi..]~! be people c~nl~g on yachts who don't have town to buy grocer~_es. Everyone t¼at ~omes ~nta a unit b~,' ~o~ o~' '~ the yachte~ o down to th~ v'~ ~ ~.age ~.-'e~ticn ~,,,h ~.-~ you hav~, is always something to t-,~.. ~ done ,~.r~,.. a.. boat . ~qo eh~'t~,, ,~v~ry,,, ...., . , boat yard in the vicinity w!~] ;~t. 'tra~e T~~ ~-~, un.~--~miter~, what they br~.ng i_n. MR. WYSONG: ! just want to put this ~uestIo~ to the : . ..: ~-~ . ..... ac t, I keep my Board i know Mr Lis t ~:-~--~ -.., .... y we ]. ! Ira. ~ boat dowm there. I have the g.~eatest resl:~ect '~or him. I don't agree with the Ch~.mbe'~ ne ~' ~,",',~ -~ and .. _ .. oomln e r,..~ :.. d e a, ~ _. for this very reason: I think you. people have to consider this matter in this resl, eet, that there ~..s about-, fifty acres of land unde?e].oped yet:. The s t r'e~ts~ we ~,e~. __ n,-',.,_.~. ?. ~.'u't t.}~. ~ .... mush P~sture Road a!~- the way ~ow~ to Mr. L.~ster's pr',operty. _ ~art of it has ~.?o ~reets Where it starts ._it i,s undeveloped, ~ ; ....... If you gr~nt thi. s p~t'~tion T don,~ ~ ...... ~., ~ow how you n~" other person some request ]_ater on r~ght behin,i :?y propertM. That is why I am concerned llve closer than I do. ! don't live near th1'~' pi_ac.e: bu~, ! do live near enough to know it. wi.l!, be worse f'pr me .s,s -na.~'.. :. as., all night. THE CHAIRMAN: Anyone else? MR. GERHARDT: The questi, on was brought uF-' wou"!d we he satisfied to, put ~ mote~ or,. },usin~ss -~tho~ ~h.',--~n on private property. We can't do anyth-' z. ns about puttims a ~'~o!:,e business property. Tha,~ is business prope~e.y = u~nd~-st..ans and if he chose to do that.snd the Board grants tha. t, nothins can be do~, anyone that voted for ~onino' to ]e* him .tal<',~-~. a ~..~teh ~-~ the bay, when he already has a business sec'.hi, on ?ight the~:'e. ,'--, ~,t!e hoggish. That is beina a 1i= CORWIN GRATPNOBL: ! am in favor. \ BERNARD ANNABEL Wleets Neck -"~tchoc',~~'' of Mr. Li~',ter's proposition. MR. COMES- !. would like to say that the very remarks, that as ~a,-:~ ., as I know, the 'nearby, 'n~.ishbors, ,~,'-,eopl~ ........ ~ight down in that sentlon o-~ ~]ee'hs Neck, are nnpos,~$ ~"'"' ~;h~ nropos..t.t'~on MRS. GEORGETTE PETRUCCI (Nassau Poi_hr)- ! am 'in favor. MURIEL ANNABEL: (Fleets Neck~ Cutchogue): .~ avor' EDWARD ~OX (Cutcho~ The only rea.~ · ' ~o~ ~ m mak..i_ ng any remarks is that i prefer mot to be ~'~poken 't'oP~.. and ! came here mere!y ~s a spectator. I did sign a pe~.~ t!. going to mention that, but when Mr. Comes ~a',,.:'.~:}. th~-~+ ai~ th~ people in that area, ! live there e.-few doors away, and i would like-to speak For myself. Many of th. ese people are my customers and i do~s't like to jeopardise ~'~y' business, but as a ci..tizen I fee!. I have a right to st:<te my opi. nion. DORIS ANNABEL (Pieets ! am -'.n flavor of Mr. Lister's. ¥ . proposa~._. ~ would a~ao.,_ ~ 1-~k.,-~.~. ,_. i.~.o__ say what was. brought uN, be.~ore, about ~',ur school., expandi,.n~ h~r~ that this group that has taken one o? the petitions agai.nst Mr. Lister's proposal. , one n-ff.., the t~i. nss. .... they .~re...~ ....... ~.ryins to. keep down our taxes. I~ we ...'-an set some business into Cutcho=o~e it will ~ower~ taxes, whereas as they are and there are more children go.ins to school_, of course, the taxes will be increased. The town is growin~ and the people wi].i have to keep the business going along wi th i.t. Thank you. PRANK ROGERS (Cutchogue): If we try to .strangle every business enterprise trying to enter into our area~e are all going to whither on the vi ne. It is well and ~-,'ood that these folks live down our way in the summertime, they have their businesses ~n New York all. 'winter and bus~aess continues i'n New York during the winter' months. We have t.,::, ~_.ive out here. And where else could you b'ui!d a yachtel or a motel? You have to build ~t in the ideal place. Yo;'~, have to bui].d it on the waterfront, inlet or creek. You ??,an't built it somewhere back: off the main street. .~ertain,~ ~,y _~_~f this re- quest ~,s denied it is going to take a great deal away from our local tradesmen, the supply houses, boat yards, plumbers, electricians, carpenters. It would be denyi~ag them a livelihood. MR. LISTER: if I could just answer that :.one statement , before the zoning hit me they said I was attem'pting to be more or less an organizer down there, and I th~,nk it should. be understood that everything I have done t~.~ere '.'~s to try and upgrade. I put in grass. You don't se,? that ].n an ordinary' boat yard. That costs money and. 'i arc, one ~ . business they know you have to have a certa]..~, income, and that the number of beats that I can get into the present marina, is not enough. Therefore,, I have to, put boats on the other side. And prior to zoning I also put some 1400 feet of dock in there as a _~irst step. As I say, I am not a milt;ionaire and I have to more or less creep before i walk. So I have to bring th~s in gradually based upon the true corporatio~ income which the other parts furnishe~ part o~ and I want to impress that upon you. You have heard so much about how beautiful Boatman's Harbor is and with pardon- able pride I think I have done my part down there to make it what it is. THE CHAIRMAN: Is there anyone else that wishes to be heard at this time on this pending change of zone? (There was no response.) THE CHAIRMAN: If not, we will close the hearing at this time for a further deliberation of the Town Board.  .~OUTHOL~, L.I., N.Y. .May 20, 195~ REPORT TO: $outhol~ Town Board $outhol,i, New York This i$ to certify that the followir~ action was taken by the SoutLold Town Pla, nine, Board on Kay 20, 1958: In the matter of petiticn of ~. Harry Lister £cr a chan~ of cence District~ certain real property situated on ~est Road, Fleets Neck, Cutchogue, ~ew York, more ~rticularly descriled in application dr~wn h ~tt.o~. Van t;~'l& Son. ~;~w- ~.~ I~%-~- It wa~ the determirmtion of the planntn_ Board ct reco~edn John Wickham, Chaircmu CASE NO ..................... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MAI~ER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 410 fe~t, more or l®sa, to laconic Bay; running thence so~?herly and course Indi¢~tad by s ~ie lioe ~ning South 32 southe~l~ line oi ~est ~o~d (said course indica~ad by a ~ie li~,~nning i~o~th 60u 17' ,~e;~t 57%.18 leet); runnin~ thence aorbh 6~° 22' Last To amend the Juilding one Ordin~noo, ineludin., the ~ullding none Maps cA the Town of Lo~thold, Su/'folk County, Naw York, by changing /rom "'" i~esidenti~l end .Agricultural Diatrict $o ":~" t~ltiple Hesidence ~. o~ch request is mode for the ~.ollowin.~ reasons:- 0~..~.~ozil i.~, 1954., i purchased the property lyin~.~,_ immediately to th~ north, ct the above described parcel across West r~oad k~own ~s commenced the development and improvement of .,.~. ":~ .... ~ :~..cility for the sale ar~,d service of small era~.t ar, d related activities. on J',~!y .... 1~.:.., lO~;'~,~ , ! o~:rchssed~.., the vacant oroperty,, described~ in ?arsgr~::..~.~h 1. above known as the "i;~leet Property" for the purpose of going!. ~he?d wi th a comprehensive development plan for '~,'i~oat~en' ~ H~-.-~rbor~ Inct_uding marina and yach. tel iacilities, the ysar 1956 detailed plans were '~ade and oo~pleted for the development of the "~"leet Property" with yachtel and marir)a as an adjunct ol "-~oatmen's }{arbor". In the summer of 1956 a complete w~ter system wes inst~lled in the northeast corner of the "i~leet Froperty" including ptu, p house, tank, well,pbL~p ~nd underground supply lines. This water system is to serve both "Boatmen's ~-[arbor" and the marina a.nd yachtel I'~cilitles on the "}~'lee t Property". In ]"'sbruary, 19~57, 148 feet of bulkhead w.=~s installed along bhe shore front o~ ~he "i~.leet Property" as aD e×tenslon o~.f ".~o ~ tmen ' s Harbor" and the beginnin~z of the m~rins facility. The property in the 'bulkhesded area h~.~s been filled, seeded and i"enced and ~arine gas and diesel t~nks and pumps inst~lled by the ulf 0il Company Considera~,le grading, dredging and stablizing work h~s bean done ~long the e~sterly sidm of Wickh'~ (''' ' " ,..=,.., ~resk on the "~leet ~roperty", especially et the point where ~.ickham Creek ~eets Peconic Day. The :'.'Boatmen's Harbor" property lying to the north of '~est ~oad is classified as $ "B" Business .o~istriat os the i;~ilding of the Town ol' Southold. The classification oi~ the "}~'leet .[~'roT?erty ss a "~.{" Multiple Hesidence District and the construction of the marina facility and the yachtel units thereon will compliment the existing 'business use oI' "Boatmen's Harbor" and be s naturnl ad. june thereto. The yachtel buildings will be detached duplex units of approximately 728 square feet of cross section area with each livin unit containing living room, bedroom, bath and kitch~ette. ~rin~ f scility will coat,in bulkheeded moo~ing space fo~ ~pproximately 22 slo~g the eas*~erly shor, eoi of the "]"leet Property" ~s on · ~,~ultiple .l~esidence !.'.:istrtct will not disturb the orderly ~nd. red, sortable use o~' ~,~J~ce~t ?roperties, and the sofety, health, we li are, c omf oft, conv~ience or the order of ~he Town will not ~Oe adversely ~i'~iected by s~id proposed cl~ssific~.~tion and its loc~tion. In A act the eh'tire w~terIront alon i ~Ickh.~m ,Jre~k will be im::.roved in nppear~noe use, including the ~own dock area s.t th~ foot ~sst ~oad. The navif.~ability oi the pu Olio ch~nne'i Irom i~econio Bay throu~jx .~ ickhsm Creek will be su0stantially a~a~lized which will all ~r~ure to the benelit of the residents oi the £own. proposed classilic~,tion will be in h~rmony with ~nd promot the genersl purposes and in ten~ of the ~uilding Zone Ordinance of the Town o:[ ~i~outhold. L~ duly sworn, deposes and ssys that he i the Petitioner in the within ~ction; that t~e has re sd. t~e Ioregot Petition and knows the contents thereof; that the ss~.-~e is true to his knowledge, · xcop t as to the setters therein st~ted to be slle "-ed on ini~ormstion and beliel, end that to those matters 0elieves it to be true. L Sworn to be[~o~e me this 17th dey of May, 1958. CASE NO ...................... STATE OF NLc~V YORK PETIT/ON TOWN OF SOUTh[OLD IN THE MATTER OF TIlE PETITION DE FOR A CHANGE, MODIFICATION OR AMENDMENT OF TIlE BUILDING ZONE ORDINANCE OF TIlE TOWN OF SOUTNOLD, tUFEOLK COUNTY, NEW YORK. TO THE TOWN EOARD OF THE TOWN OF SOUTHOLD. I i,W, ..................................................... H/L~iRt' LISq~ ., )es,ding .t~ l~/est Rosd, Pleets Neok,Ou~ohogue, · .~.~..-[~.~,. QA~q~P~°.,....~.~nd more i)orhculorly bounded and described c:s foll~w~.' course indicated by ~ ti~ line r~ning Sou~h 32° 35' Wes~ 106.13 North bO~ 17' West ~T~.18 feet); running thence ~o~h o5o 22' To amend the Building Zone Ordinance, ~ncluding the Maps of the Tm~ of Southold, St~folk County, New York, BuilGing Zone by ehanging Multiple Resiaence 3o Such r~quest is made Ior ma following reasons:- On April l~, 19~4, I purchased ~he property lying immediately to, iithe north o~ the ~bove described parcel across W~st Ho~a ~nown ~s :i"Bo~tmen's Marbo~" 8n~ commenced ~he cevelopmant ~nd improvement of ]lHarbor" including matins and yachtel facilities. !i~ ~d~u~ot of "~o~t~n,s ~rbor". ~n thc ~umm~= o~' i~ ~ oo~i~t~ "Flee~ P~opar~y". {{spp~oximately ?28 square feet of cross section ames with each living merina faciliby will contain oulkheeded mooring space for epproximately 22 boats along the easterly shore of Wiokham Creek. The elessi~ica$ion o2 the "fleet Property" as an "M" Multiple Residence Disbrict will not disturo the orderly and reasonable use ' o~' edj~cent properties,~nd the safe~y, health, welfare, comfort, co~venience or ~he order of ~he Tow~ will not be adversely ~££@cted by a~id proposed clsssi£icstlon ~nd its loc~tzon. In fact, ~he entir~ waterlron~ alon~ Wicknam Creek will be improved in : appea~once and use, including the tow~ dock areo ~t the foot of · West Road. The navzEaOili~y of the puolic channel item Peconic through wicknam Creek will be suost~ially stablized whic~ will all enure to the bene£it cz the r~sidenos o£ the Town. Thc proposed clsssilication will Ce in n~r~]ony wi~h and promote the ~eneral purposes the Town of Southold. ',!% STATE OF NEW YORK ) COU}~Y OF 6U~POLK ) W. HAHkY LISTER, being the Building Zone Ordinance of duly sworn, deposes an~ s~ys that he is. the petitioner in the within ~ction; that he h~s read the foregoin~ Petition mhd knows ~he contents thereof; the~ the same is true ~is knowledge, exoep~ as to 5he matters therein stated to be believes it to be g~ue. // WAP o~' LANo ~CDAO / i t.. ...... /! 0