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HomeMy WebLinkAboutZiegler, Charles O. Amend #22 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ............. .O....]~..~.]v..~...S....O..:.....Z.~..~..~.~.~..R. ............................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ..V~.e....R.e.eA...&..~t~.:i,.c.~.. District to...."~:.'...~ul.~.;i.p.le...i~,.e.~.,. 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 hbving 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 ........... .O..9.~.~.1~..~.~. ................ 195J~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is ~lter ~' pu.blt~ ~.'heid _~llzluM~t to zone Ordinsnce ~li~l~e Be -ildtnS' Zone ~ps) of the ~ et., ~o~~, suffol~ '~Y, .N,.eW "Tork' ..W~S .duly amend~.M;:....&~~ fueetin~.-o~ the 1. ~ '~l'~la~ from aml'.,~tural,.-Dlstrtct to;-"iM" Mul- !,ti~e. R~sldence' D~.ri~ the_' fono. in~ descab~.':~:--.;.~. .";-., · 8nd .iii~~C..New ,, :;~)unded . s0U .t~.-terly].,: ' 'lazi~ of , ~eonmd. O. tannins tion~d lsnd North 'lLne ~f 12 to in feet W, ' ,thergto; .thence, (:~): Oa..,~ 'line l~mLilel td and: 00--feet ..4s0u. thSrlY" from the 'at. ri~h/~ ansles there., ~. ~, ,6e.- COUNTY OF SUFFOLK t ss. STATE OF NEW YORK i 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 Zrave!er-Mattituck Watch- man once each week for ... .~...[.. t' . ...... weeks successively, commencin9 on the ~' . ............ day of .-'.~ ,......o. .... .~..,................. o.. ........ Sworn to before me this ......... ~...~... ....... day of ...... ......... Notary pu'.:lic, Stz'e of New York · '~'~ 195_9 ~Omm:~.:O:~ ii: ; .:[~ c SOUTHOLD TOWN CleRk'S OFfiCE RALPH P. BOO~'H, CLERK REGISTRAR OF VITA~ STATISTICS $OUTHOLD, N. Y. STATE OF NE~ ~[ORKs ¢OUNTX OF SUFFOLKs RALPH P. BOOTH, be.La& duly svornt deposes and says that he resides at Southoldt in the To~n of Southoldt County of Sufffo~k, and State of I~ew ~[ork; that he ts tho Torn Clerk off the To~n off ~outholdj that on the ? _ d~y Of_ No~r~mb~l ~ 19~8~ ~ posted a copy off the NOTICE OF AHF. ND~NT OF ZONING NO. __ ~2 ON THE SIGNBOARD MAINTAINED B~ HL~ pursuant to Toys Law Ln the Southold Torn Clerk's Orifice at Southold, New ~ork; That such post~n& by h~m vas done pursaant to the pro~ie~ons of the Toun Law and pursuant to the ~eaolut~on of the Southold ~o~n Board. ,- Subscribed and svorn to before ne th~s ..... ? __ day off ~_~h~ , 19~8. ~otary Public rlOTICE I.:~,,. I~BY I~VE--N that aft. er a publie h~g held ~-~ ~ the ~qu~r,~-~n~ of law, 't~ Buildi~ ~one ~i~ce {tn~l~~ ~e Buildi~ Zorn ~ps} of ~he 'T~m. of r:ou~~, %he S~Id T~ ~~ -on Oc' ~to~r 28, 1958, as foll~;s=- BT e~ing from "A" Heeidential and Agricultural ~~..iple Residence Didier ~ following described D,istric~. (l) North i0 de~s ~'7 minu~es 2.0 8.eco,~f~ e~.-'~ f~ the s~t~rly 1~ of said land of Km~r, '  a line parallel ~ and .~0 feet a ou~horly " ' ~aid so~rly lt~ of land of ~7 ninutes 20 ~econd~ east..200 feet to ~he pouf Da~ed~ October ~0, ~DE. il CF THE SO U~t~OLD TOWN B04Iil) RALPH D. BOOT~, TO~ CLERX PUBLIC HE~NG TOWN BOARD TOWN OF SoIPrHOLD Greenport, N. Y. October 1;4, 1958, Present NORMAN E. KLIPP, Supervisor HENRY A. CLARK, Justice of the Peace RALPH TUTHILL, Justice of the Peace L. DEMAREST, Justice of the Peace i~~TE~ ALBER~$ON, Councilman ROBERT TAS~R, Town Attorney 2 3UP~SOR KLIPP: I will open the hearing by reading the notice of the hearing on the proposed amendment of the Zoning Ordinance: Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffol~ County, New York, a public hearing will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said Town on October 14th, 1958, at 2:30 o'clock p.m. of' said day on the following proposal to amend .the Building Zone Ordinance (including the Building Zone Maps) .of the To~ of Southold, Suffolk County, New York~ le By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: All that certain piece or parcel of land, situate at East Marion, in the Town of Southold, County of Suffolk, and State of New York, bounded and described aa follows: BEGINNING at a point, on the westerly line of Bay Avenue, 50 feet southerly along said line from the southeasterly corne~ of land of Leonard G. Krancher, and running thence along the westerly line of Bay Avenue, south 34 degrees 12 minutes seconds east 295 feet to the shore of Marion Lake; thence in a general westerly direction along the shore of Marion Lake 360 feet more or less to the land of Walter W. Washburn thence along last mentioned land two courses as follows: 3 1) North 10 de,tees ~7 minu~es 20 second~ eae~ 7'0 fee~ :. more or less, to a point 50 feet southerly from the southerly 1 ins of said land of Krancher, measured at right angles thereto; thence 2) On a line parallel ~o and 50 feet southerly from the said southerly line of land of Xrancher, measured at right angles thereto, north 55 degrees':47 minutes 20 seconds east 200 feet to the point of beginning. Any person desiring .to be heard on the proposed amendment should appear at the time and place above specified. Date-d~ September 29, 19~8. BY ORDER OF THE SOD"i'HOLD TOWN BOARD RALPH P. BOOTH, Town Clerk The petition is as stated in ~he notice, is for a change from "A" Residential and Agricultural District to "M" Multiple Residence District, and the purpose is that three duplex dwellings may be erected on the aforementioned premises, each unit to be approximately 63 '~ by 27'. This is signed by the applicant, Charles ~. Ziegler. The ~ecommendation of the Southold Town Planning Boax~ is as follows: "This is to certify that the following action was taken by the Planning Board on June 17, 1958: "In regard to the Zeigler case it was decided that the area of their plot is not big enough to accommodate both a trailer camp and duplex units, therefore, it should be explained to Mr. Zeigler that he either have a trailer camp three duplex units, because there Just isn't enough room for both. "The Planning Board recommends to the Town Board as to which one should be established or maintained. It was our · understanding that if he had bo th, it would conform to different laws of the "M" Zone and trailer camp ordinance, which conflict." This is signed by John Wickham, Chairman. Now, at this time is the~e any per~on who wishes to be heard in opposition to the granting of the change (There was no response. of zone? THE CHAIRMAN: Hearing none, is there any person who wishes to be heard in favor of the change of zone? EMMETT LESTER, ESQ. (Rlverhead, N. Y. ): I represent Mr. and Mrs. Zlegler. I think it needs to be pointed out for the better understanding of what the application all about, the proposed location of these units. Mr. and Mrs. Ziegler propose to put one up first and then see how it goes. They propose to rent them. They have to know haw what they are going to build is going to work out so that they propose to build one, and in the meanwhile would li~e to maintain the three trailers they are permitted by a trailer license to maintain. I believe before the trailer 5 ordinance was passed they already had one. That has a patio attached to it and cement block, plus a pre-permanent facing. They do also like to retain the other two pending your determination whether it is feasible to go ahead with the other two, but in no event would there be mo~e at any time than one to be built. And then immediately, as far as the trailer is concerned, that would be removed. In other wo~ds, no thought of having a combination trailer camp and these buildings. SUPERVISOR KLIPP: Did I understand you to say one is permanent now? MR. LESTER: Permanent. It has been there some time and the other two are under the permit which limits them to three in any event, and they are restricted by the deed of conveyances; they could not have more than three. But the idea is to try building No. 1, and even before they rent it, that one trailer has been removed and they are down to two, and I think under the spirit of the Multiple Dwelling Ordinance, there would be no real conflict and the trailer business is replaced by these units, if they pay off. Mr. and Mrs. Ziegler seem to feel there is a demand for this sort of structure down there. I would not know why. I think they are right. I think their reasoning has something to do with the amount of housing for the Plum Is land instal lation. I am mo~e or less cold. I came into 6 this this afternoon. If they have anything to say, MR. ZIEGLER: The original patio design in the first trailer i wish to maintain. MRS. ZIEGLER: There is no objection to the one trailer. SUPERVISOR KLIPP: One of the three was made permanent? Is that right? MR. ZIEGLER: That is a permanent in the beginning. That is the newest one. MR. LES~R: And that one you would want to maintain fo r yours e if ? MR. ZIEGLER: Yes, I understand there is no objection to having one trailer on the property. SUPERVISOR KLIPP: It requires a permit. MRS. ZIEGLER: That is one trailer outside the trailer ordinance? MR. ALBERTSON: That's right, to permit a trailer for a single family. MRS. ZIEGLER: No permit was required when we put it there, because we made inquiry and they said it wasn't necessary to maintain one trailer. MR. LES~R: It is a little difficult to follow the Multiple Dwelling section in the Ordinance. It seems to me that the Multiple Dwelling section has to be used when there are three or more. SUPERVISOR KLIPP: As far as the zoning? 7 MR. LESTER: As far as the Ordinance; I am not criticizing finding fault with it. But that is the way it is defined hePe. SUPERVISOR KLIPP: What is the section applying to "M" zone? MR. LESTER: This is Just in the "M" Zone. In the "M" Zone it speaks of a dwelling for occupancy by not more than four families, here it says two families, but I see a possible conflict here under the fact in the present "B" District they would be confined to a single one-family dwelling on the lot. So I suppose that is how we get into the change for Multiple Dwelling. SUPERVISOR KLIPP: The purpose of the "M" Zone was so we would be able to establish boarding houses and motels and units such as this in a residential area. MR. LESTER: Units such as this? SUPERVISOR KLIPP: running in to, everyone That's right. The conflict we were was applying for a change from "A" Residential to Business for the sole purpose of building a motel.~ I don't think that was done in every instance. I think the case where they wanted to change from Residential to Business and then if we did that there is nothing to restrict anyone to a motel or boarding house or anything like that. They could put an ice manufacturing plant on it if they wanted to, So the purpose of the "M" Zone was to allow 8 this type of thing in a residential district. The thing we are running into is that they change it from Residential to Business because somebody said he was going to build a super motel, and everybody said they had no intention to do that. Now, they are restricted in an "M'' Zone ~o a certain use. MR. LESTER: Well, under the circumstances, that is why we are here, I suppose, petitioning the Board to change this into an "M" area. There does not seem to be any opposition to it, and as such, I suppose there would be no objection on the part of the Planni~g Board or this Board except fer the instance of the trailers being there. That is what seems to be the difficulty, is that right? SUPERVISOR KLIPP: That's right. Under the trailer permit you are allowed three trailers, and the application or the plan is to ultimately put six other units on there and also a private residence. It cmuld possible be that there would be ten different families living on less than an ac~e of ground there. ~ LESTER. Would you see it that way, as much as ten at any given time? M~. ZIE~J~R: The duplex is probably a summer proposition -as far as use. We would get a tenant in the summer months. MR. LESTER: As many as ten? MR. ZIEGLER: No, you are renting three units; six and 9 myself i~ smven. One trailer i~ being omitted, leaving two; my own and one to rent. And there is a possibility 'that if this is successful I will eliminate the other trailer, but the final one i wish to keep. MR. LE.BTER: So~ I say at no time more than seven on that, because the trailers are going. ~UPERVIBOR KLIPP: That is what I learned this afternoon. I also notic'ed in your opening statement you said th.ese are being built on account of~P1um Island. That would not necessarily be a summer proposition. MR. ZIEGLER: In that case it would not. It is hope we would get the summer business to get started. far as we are concerned, if it becomes a permanent rental there, well, it becomes permanent, established as a permenant residence. It is our hope that we will have them that way but it is possible 'we will have to rely on summer business. Moat of the people I have contacted are Plum Island and they are there on a six to nine months basis. They keep moving them in and out all the time. MR. LESTER: So that they are pretty temporary. Aside from the question of the trailers, would the Board have-any objection to this plan? SUPERVISOR KLI PP: TbS I don ' t know, as far as the Planning Board is concerned, that is the only objection we know they have to it. I could not tell you that, plus the lO fact Shat both things were there. MR. LESTER: Well, whatever is done by the Board will be p~etty permanent in changing the classification of the area. SUPERVISOR KLiPP: in this oalse there was some objection to a trailer camp down there and the Board took the attitude if they complied we would issue the permit. We did that with a lot of obJectimn. And we did it because we felt it was the fair thing to do because when they complied with all the specifications of the trailer camp we would issue the permit, which we did. And I don't think we had any other jurisdiction. MR. LETTER: But it is clear and limn that the intention is not to. maintain the two, but to dispose of the trailers with the exception of the one that will be a permanent b ui ldlng. Wouldn't that be satisfactory? They apparently don't want to take the chance of building all three, and I understand they don't have the money either. And it is with the understanding that they will remove the two trailers that remain upon the construction of an equal number of these houses. Then we are Just back to the question of "M" Zone, and apparently' there is no objection to that. $~E~ISOR KLIPP: That I would not know. The problem now is two things: the trailer camp and the application for the change of zone of the entire area. ll MR. CLARK: Are we given to understand that this one t~ailer that is going to stay there is what you are going to live in? MR. ZIEGLER: Yes ~ sir. MR. CLARK: What is the other trailer? F~. ZInGed. R: it is strictly a storage bin, always has MR, CLARK: You don't rent that? MR. ZIEGLER: No, we rent out one space. MR. CLARK: You have done away with the trailer? MR. ZIEGLER: Today. MP~. ZIEGLER: But the space is there and we would like to maintain the space. MR. ALBERTSON: In other words, the possibility is that whoever has bhis rental will be back next spring? MR. ZIEGLER: It is a possibility, yes. MBS. ZIEGLER: If we put up one building and it doesn't pay, and we realize that trailers pay, we never would get a permit back. At least we would have no more than four families living on the place besides uursleves, in the event we put up one duplex, in the case it wasn't rented. SUPERVISOR KLIPP: I am not debating, we are Just talking about this. You say you never would get the trailer camp permit back? I think you would if you complied with the ~ules of the trailer 12 camp. MR. ZIEGLER: Would we have to go through another public hearing where we would have to get a variance? SUPERVISOR KLIPP: MRS. ZIEGLER: Well, I don't see that. We don't intend to maintain a trailer, i~.~ we put up three duplex, but until we put up the three buildings, we are not going to build them and let ~hem stand idle. MR. ALBERTSON: You could build on duplex, and if you felt you weren't getting the rent you expected to get out of it, you would have at that time a duple~:, two trai ler~ ~ plus your home? MR. ZIEGLER: Yes. MR..~ERTSON: At which time you would be under the Multiple Residence and Trailer Camp Ordinance on the same p~ops~ty. MR. ZIEGLER: Yes. MR. ALBERTSON: Or you could find you built one or built two, and when you got into building the second one, you find that you weren't getting enough out of these two buildings so yom will still keep a trailer? You would then ~ave four duplex houses and two trailers and your ho~ne on the property, at which time you would be a super trailer camp, and a multiple dwelling. You don't intend to remove some time in the future when you may have three trailers until duplex units, 13 in othe~ words, six apartments, and then you would remove the extra trailer, and have a trailer in which you live? M~. ZIEGLER: That ' s right. MR. ALBEMTSON: So up until the time you get the three duplexes you would st~l! have the trailers on $he property? ~'"' ~ Th?~t ' _ ~,~R. Z z.=,u-.~n: s ri.ght, v s t ~. 11 would want to ~eep them there. MR. ALBERTSON: That answers my question. SUPERVISOR KLIPP: Are there any other questions? (There was no response. ) SUPERVISOR KLIPP: Is there any other person who wishes to speak in favor oF the application? (There was no response. ) .SUPERVISOR KLI P P: If there is nothing to be said about it we will close the hearing and reserve decision. Of ~t~, Suffo~ ~[~, N~ York:: ly line of ~y A~ue. ~ f~t ~u~h- e~ter~ ~rner of l~d of ~nard ~a~her, and ~g ~ence ~o~ the W~rly ~e of ~y Avenue. onds e~ ~ {~ ~ the ~ of ~n ~ke; ~h~ce Ina g~eral w~ly dl~Mon alo~ the ~ore of M~on ~ke 8~ f~ mo~ or le~ to land of Wsl~r W. W~rn ~hence al~ 1~ mention~ land ~.. (1) No~ i0 d~ 47 ~nut~ 20 ~ ~fnt ~ ~ ~u~erly from ~therly l~e of ~ld land of ~an- ch~, m~r~ a~ r~h~ a~les (2) ~ a l~e ~Hel to and ~ f~ southerly f~m ~e ~d IMe of l~d of ~cher, m~ d~s 47 ~nu~s ~ se~n& the ~o~os~ ~en~t ~d COUNTY OF SUFFOLK i ss. STATE OF NEW YORK) Frederick C. Hawkins, being duly sworn, soys that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the onnexed is a printed copy, has been published i~ said Long Island Trave[er-Mattituck Watch- .., , - man once each week for ............ .....,..~,,...: ............ weeks successively, comm~n_cin,q on the ............ day of ....~..b ........................ 19 ...... Sworn to before me this ......... L.£ ........... day of ,. , ,, 19..,.!,.. ...... ~..~..~-~t.~-..~ ............ m.~.,~.,~.~ .................. Notary Public SOUTHOLD, L. I., N.Y. PLA'NNIN® BOARD MEMBERS John Wickham, Chairman Serge Doyen, Jr. Robert W. ®illispie, Jr. Harold R. Reeve Charles V¢,n Duzer June 17, 1958 Report to: Southo..td Town Board Southold, New York Gentlemen: This is to certify that the following a~tion was taken by the Planning Board on J~me 17, 1958: In regard to the Zeigler case it was decided that the area of their plot is not big enough to accommodate both a trailer camp and duplex units, there- fore, it should be explainr:d to 4r. Zeigler t~at he either have a trailer camp o._~r ~ three duplex units, because there j~st isn t enough room for both. The Planning Board recommends to the Town Board as to which one should be established or maintaine~. It was our understanding that if he had both, it would conform to different laws of the "~,.~" zone and trailer camp ordinance, which conflict. Very truly, ,. Jo~i'n Wickham, Chairwomen SOUTHOLD TOWN PIADT:ING BOARD JW/md June 10 Mr. & Mrs. Charles B,y Ave Ea st Marion, N.Y. Ziegler Subject: Application for a change of Zone. There will be a meeting of the Planning Clerk's office, Main Street, Southold on June 17th The Board would like to have you bring any sketches may have in connection with this proposed cha ge of it with them. Board at the Town at 7:30 PM. or plans you zone and discuss By request of the Planning Board; Yours truly Building Inspector ~ay 6, 1958 Mr. Charles O. Ziegler Bay Avenue East ~arion, New York Dear Sir: Your petition to the Town Board of the Town o.f Southold for a change of zone from "A" Residential and Agricultural to "~ I~tiple Residence, on property located at Bay Avenue, East ~arion, New York, has been referred to this Board for our reco~endation. It is the determination of the Planning Board that the property in question is not adequate for both a trailer ca~p and a duplex dwelling. This Boa~l is willing to consider one o~ the other, but not both. Very truly yours, John Wickham, Chairman SOUTHOLD TOWN PLANNING BOARD CASE NO: ........................ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF C~L/L~LES O. ZIEG-~ER, 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: (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ]~a.~...,~.v.e,.,...~,~s.t...i~z;.io~i. ............... and more particularly bounded and described as follows: ALL that c_ertain piece or parcel of land, situate at East Marion, in the Town of Sou[hold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly line of Bay Avenue, $0 feet south- erly along said line from the southeasterly corner of land of Leonard G. ~Crancher, and running thence along the westerly line of Bay Avenue, South 34° 1~.' 40" East ~.95 feet to the shore of Marion Lake; thence in a general westerly direction along the shore of Marion Lake 360 feet more or less, to land of Walter W. Washburn; thence along last mentioned land two courses as follows: (1) North 10° 47' 20" East 70 feet, more or ].ess, to a point 50 feet southerly from the southerly line of said land[ of Krancher, measure~ at right angles thereto; thence (2,) on a line: parallel to and $0 feet southerly from the said southerly line of land! of Krancher, measured at right angles thereto, North $~o ~7' 20" East ~.00 feet to the point of beginning. 2. I do hereby petition the Town Board of the Town oi: Sou[hold to change, modify and amend the Building Zone Ordinance of the Town of Sou[hold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District to "]~" ~ultiple Residence District. Z 3. Such request is made for the following reasons: So that three duplex dwellings may be erected on the aforementioned premises. Each unit to be approximately 63' 4" by 27'. (.3 STATE OF NEW YORK, COUNTY OF SUFFOLK, .......... .C.~.~LE$...Q.....ZIE.G~EE .......................... , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the con- tents thereof; that the same is true to his ~ own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters h.e believes it to be true. Sworn to before me this 2.O.~,b,...day of ....... ~P.r$.],,, .........., 19..5...8. ...... EDNA l~ ANf~EI~ ROTlJR¥ PUBLIC, State of New Yo~l' Suff:~F-.: ' ,~:_..~, -~77~5 Co~issie~. Exp~... C.: ~': i:~rch 30,