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HomeMy WebLinkAboutMolin,Thomas & Oscar Amend #27 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ....... ..~...~...~....O..~..~...~...O..~...~..~. ........................ requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone .Maps made a part thereof by chang- ing from .......... , ...... .~...~..~..~D..~...~.... ~....~....~...~.~~ ................... "1,1" 14U~?ZPI~ R~SZDEI~C~ District to ...................................................................................................... District the property described in said petition, and WHEREAS said petition was duly referred to the P'ianning 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 ................. ...1~...¥. ....................... 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 ~Z'~:lf,~. SOUthOLD TOWN CLERK'S OFFICE RALPH P. BOOTH~ CLERK REGISTRAR OF VITAL STATISTICS SOUTHOLD, N. Y. STATE OF HK~ YORK: SS: COUBTr OF SUFFOLK: mm, deposes emi says that he mides at Sout~ld, in the Touu of Southold, Cmmt7 of Suf~lk, and Sr. af~ o£ Hew York; ttmt be b the Touu Clerk of the Touu of Sou~hold; that on tim __~_ .... day of .~ ................... ~a¥__~_. ..... . 1959, ho poated a copy o f~ the BOTX~ OF ~ OF ZOIll~ NO, ..~ ~_? . , & copy. of which 'ia anoe~ed bet~.to the a t~nl:a~rd eainCatned by hf~n puxlnumC Ot~£1ce at Soutbold, ~ ~o~; that. auch poaC~ by )tn vas done pursuant to the erov~~ o£ the Teen Lee and purauant to the ~eolution o£ the Smathold Toun ~oard. ,(L.S.) ~tea' ": lm~bllc .h~~- held, '~t~ua~trto the r~~~ law, ~e Bull~ ~ne ~~-~e~ (~u~ ~ B~ld~g Zone~ ,:~p) ~ ~ T~n of ~u~old,,. Suffo~ ~'ty, N~ ~end~ at a reg~r meet~ of~ ~ ~uth~ld ~wn ~ard held on~ May 5, 1~9., ~ By c~~ng ~m '"A" ~den'~ ~ and ~~tur~ D~lct to' "M" ~ul~ ~Mence ~tr~t ~e fo~ow~ d~~d pr~y: ~ ~at ~r~ t~ct or ~r- ~1 of l~d ~lt~ ~. G~een-~ ~rt, ~. ~e Town of ~u~old,' ~~y of ~fol, k, ~d ~ew York, ~d more ~~rly~ ~d~ ~d d~r~d ~ fol-' 19ws: B~n~ at a ~t on ~e no~er~ ~ne ~ N~h ~d at now o~ f~rly of ~~on;, r~ al~ ~d l~d.n~ or go~erly of ~on No~ ~t ~re or l~ ~ ~e wa~rs ~ ~n8 ~d ~d; ~ce ~~ a~ ~e ~ore of ~ng ~d ~d ~ f~t .~ or 1~ ~ ~d ~w or forum of D. H. Horn; ~~ ~ng ~nd · l~t ~n~on~ ~th ~ f~t ~ or le~'~ ~e 'n'~~l~ l~e ~~rly l~e of No~ ~d W~t 320 f~t more or ~lnt ~ p~ of'_~~~. ~n~ ~ut . . more or 1~. ~ BY~~~ STATE OF NEW YORK, 1 ~ ss' .c~.. .... ...~..'-~-~ .... ~~ ............ being duly ~worn, says that .....~/~~ ....... is Printer and Publisher of the ~T~-'~"OLK TIMES, a newspaper published at Greenpo~, in said county; and that the notice, of which the annexed is a prated copy, has been published ~ the s~d Suffo~ Times once in each week, for ............................................................ ~~ .......................... week~ the ......... ............. SUCCeSSIVely d.y of .............. ............ [ ........ ...... Sworn to before me this ...... .'~ .............. 1~.~.., j day of CORNELIA C. KEOGH NOTARY PU~3LIC, St.~te of New Yo~k N~. 2.. 9 890 Qualified in Suffolk CountY Term Expires March 30, 1961, CORNELIA C. KEOGH I407ARY PUBLIC, State of NeW York No. 62.2093890 Qualified in Suffolk County Term Expires March 30, 1961- .thene~ along oil ~ ~ Sound ".': m~e or l~'to 1,and of D,' H..H~- .~ :R~d; 'Lth~]~lC~ ~' the .noKim~v, nne-of. NOrth'. Road · !~t ~Q.i~ more ~r 1~ ~_ ~e ~. '~u~ 3.1~ ~res ~y ~. d~~ ~ ~heard .~~. · ..~~: .~. ~4, ~ ' ~ . · . ~ ~~::~ ~.'.'~., '.-~ . . STATE OF NEW YORK, ~ ss' COUNTY OF SUFFOLK, j *'~'~.-.....;. '- ..... .... :~:~..::.,~.:.~..:.,C,~.~£,:, .... ~',~:~..:::.!:.~.~:,.:~..~.:~ ................. being duly Sworn, says that .....~.(J:: ......... is Printer and Publisher of the SLrFFOLK TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for ......................................................... .~.:.;r.!~:.,.).~::. ............................ weel~ .............. successively commencing on the ', ._L,_~ ',-~M ............................... Sworn to before me this ............ _. ............... Ii NOTICE OF ADOPT ION OF .BUILDING ZO~ O~..~INANCE NC~' ICM t$ H~iIEBY .GI~N that after a public hearing 'held pursuant ~ the requlrem~,nts of law~ the Building Zone Ordinance ,. (including the Building Zone Maps) of the To~n of ~ou~hold., Suffolk County, New York was duly amended at a regular, meeting of the ~ou~hold Town Board held on May 5, 19%9, as follows: 'By changing' from "A" Res~ential to -M" ~tltiple Residence ;. ! propertr~ Dated] District the and Agricult~al District following described Ail that ee'rtatn tract or parcel of lan~ ~ituate near Greenpo~t, in the Town of Southold, C~unty of Suffolk, and 8tare of New ~ork, and more -par'ticularly bounded ami described as follows: Begi~tng at a point on the northerly line of' North Road at the southeasterly co.er of lard now or for~rly of Shmmont from s~aid point of Beginning runn~ along said lan~ now or formerly of Shannon North 570 .feet mere or les~ to the water~ of .Lon~ Islan~ 8o~~ t, henoe e~~rly ~long the ~ore of l.o.n~ Island Sound 200 feet more .or less to land now or formerly of D. H. ~orton$ thence ~on~la~ 1.a~t ~ntio~d South t.69 f~t raore t4a*n~ ~long th~ no~'th~rl¥ !in~ of ~o~t,h Ro~ W~~ 3~0 f~t ~or~ or 1~~ t,,o ~ lx~int or pla,e of beginning. Containing about 3.105 l~y 5, 1959 .BY' ORDER OF THE $OUTND~ TOWN BOARD -RALPH P. BOOTH TOWN CLE~ BOARD OF TRUSTEES Tn'"'"~? OF .~,'~'-,~ ~. S OUTHOLD Green~,ort, . . May Pres ent : NOP~'!AN E. KLIPP, Supervisor CLARK, Justice of the Peace RALPH TUTHILL, Justice of the Peace LOUIS D!~MAREST, Justice of the Peace LESTER ALBERTSON, Councilman RALPH P. BOOTH, Towm Clerk ROBERT TASKER, Town Attorney APPLICATION OF THOMAS MOLIN :- __.--:r_. ~ ... ,_. ;-. ;. ~ ......... _ ..... -';- - ..... :: -' ' '~ ' ~' - -- - - ...... -- ~ ~ -~'~~,¥, OF THOMAS MOLIN ~rPLIC~z~ · SUPERVISOR KLIPP:We have the recessed hearing on ~he~,etition o¢~... Thoma~ Moii~ for a change of zone ~.rom "A" ~ae-~ id en t ~ ~ ~al _nc~ Ag,_mcu!turai to ~ultiple Residence We a~e ~econvening the hearing Is there any person' present who wi:shes to be heard in favor of .~ranting the application? R. G. TERRY, m.o~~ ,., (Attorney for the applicant)-. Gentlemen, I appear here on behalf of Mr. Molin, a~d I would like to make a few statements for the record ~avor of t.he application I think 'that you are all f~miliar with the location of the property, the general nature of it, and the fact that it is in the vicinity of a~ open air movie, the Long Island Lighting Company substation, as well as the labor c~mp of the Eastern suffolk Cooperative, and I believe the labor camp owned by Mr. King. In addition, it is in the vicinity of · extensive land owned by the Village of Greenport and property that previously has been changed to a motel zone, I believe, belonging to Harry Smith, a rather large tract across the street, and to the west of us I think there are three parcels of property that have been previously changed to "M" zone, that of Jack Levin, and. Mr. and Mrs. Be~dickson, amd I think a Mr. Bittner. I think that you will concede that the use of the property 3 and the location o,~ the ~-~roperty is such, and the use o~ the surrounding area today, it really ~makes it feasible for use as a multiple residence or motel area, especially view of the Association across the street, a~d the fact that the p'roperties in the vicinity have been changed to a multiple residence zone. I will say nothing fur~aer at this time unless there is someone who wishes to speak in opposition, and then then I would like to have the opportunity to be heard further. SUPERVISOR KLIPP: Is there any sort of building in the near future here? MR. MOLIN: Yes, i have some plans. Within six months. SUPERVISOR KLIPP: The reason I ~m asking that, we are continually changing residential property into multiple residence, and I haven't seen anybody start any mote is yet. MR. MOLIN: I know that. SUPERVISOR KLI~PP: Is there any other person who , wishes to be heard? MR. BENDICKSON: I ~m here with my wife. We have property within 200 ft. to the east and within 600 ft. to the west. We are in favor of this change to an "M" zone. SUPERVISOR KLIPP: Is there anyone eise who w~shes ~ the application~ to speak in favor o~ . (There was no response.) SUPERVISOR KLIPP: if not, is there any person who wishes to speak i~ opposition to the application? (There was no response.) SUPERVISOR KLIPP: Hearing none, we will close the hearing at this time for the further deliberation of the Board. PUBLIC HEARING TOWN BO ARD TOWN OF SOUTHOLD Greenport, N. Y. April 21, 1959. Pres ent : NORMAN E. KLIPP, Supervisor HENRY A. CLARK, Justice of the Peace RALPH TUTHILL, Justice of the Peace LEWIS DEMAREST, Justice of the Peace LESTER ALBERTSON, Councilman RALPH B. BOOTH, Town Clerk ROBERT TASKER, Town Attorney APPLICATION OF THOMAS M. MOLIN .... ,l! 1~_~_~ ~ ,~_ - .................. _ .................. SUPERVISOR KLIPP: I will open the public hearing at this time, and read the legal notice: Pursuant to Section ~65 of the Town Law and ~rticle IX of the Building Zone Ordinance of the Town of Southold~ Suffolk 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 April 21, 1959, at 2:00 p.m. of said day, on the follow- lng proposal to amend the Building Zone Ordinance (includ- ing the Building Zone Maps) of the Town of Southold~, Suffolk County, New York: By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: All that certain tract or parcel of land situate near Greenport, in the Town of Southold~ CoUnty of Suffolk, and State of New York, and more particularly bounded and described as follows: Beginning at a point on the northerly line of North Road at the southeasterly corner of land now or formerly of Shannon; from said point of beginning running along s~d land now or formerly of Shannon North 570 feet more or less to the waters of Long Island Sound; thence 3 easterly along the shore of Long Island Sound ~00 feet more or less to land now or formerly of D. H. Horton; thence along the land last mentioned South 469 feet more or less to the northerly line of North Road; thence along the northerly line of North Road west 3~0 feet more or less to the point or place of beginning. Containing about 3. 105 ac res more or less. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. Dated: March ~4, 1959. By Order of the Southoid Town Board Ralph P. Booth, Town Clerk. SUPERVISOR KLIPP: This matter was referred to the Southold Town Planning Board for their recommendation, and at this time, I will read the recommendation of the Southold Town Planning Board: This is to certify that the following action was taken by the Southold Town Planning Board at its meet- ing on March 17, 1959. In the matter of the petition of Thomas M. Molin and Oscar Molin for a change of zone from "A" Residential and Agricultural to "M" Multiple Residence district certain real property situated near Greenport and more particularly bounded and described as follows: North by Long Island Sound, East by D. H. Horton, South by North Road, and West by Shannon, it is hereby RESOLVED, that the Planning Board recommend to the Town Board that the change from "A" Agricultural and Residential to "M" Multiple Residence district be made on the property included in the legal description by Otto W. Van Tuyl, Surveyed on December 14, 1945. The Board fee is that in view of the fact this property is almost across the street from two labor camps, and there are other "M" districts in the immediate vicinity, this is probably the best use of this land. We are of the understanding that the petitioners, plan to build four double duplexes on this property in approximately one year. Very truly yours, (signed) John Wickham, Chairman SouthoId Town Planning Board SUPERVISOR KLIPP: Is there any person present at this time who wishes to be heard in favor of the change requested in the petition? MR. THOMAS MOLIN: This is a preliminary sketch of what we decided on.- SUPERVISOR KLIPP: At this time, Mr. Molin, do you 5 want to say something in favor of the petition? MR. MOLIN: I don't think I have anything to say. Mr. Terry was supposed to be here, but under the cir- cumstances he wound up in New York so he can't get here to the hearing, so I at least bring that down and submit that, and if we can't c.ome to any conclusions on it we will continue it to the next meeting. SUPERVISOR KLI P P: Well, Mr. Krupski called me this morning and he told me what you are asking, that the hearing be postponed. MR. MOLIN: Yes, and if there are any in opposition. SUPERVISOR KLIPP: Wel~, it makes it rather difficult after we have advertised. MR. MOLIN: I realize, tha~. I do realize that and I think Mr. Krupski discussed it with you and Mr. Terry. SUPERVISOR KLI PP: Yes. We want to give everybody as much of an opportunity as we can to be heard, and if there are none who are opposed to it, I would suggest maybe they file some sort of a statement or brief. I don't know what else I can do at this time. And we will reserve our decision until such time as we receive that. Is there any other person who wishes to be heard in favor of the change? (There was no response. ) 6 SUPERVISOR KLIPP: Is there any person who wishes to be heard in opposition? STANLEY CORWIN, ESQ., ( Gre enpo rt, N.Y.): My name is Stanley Corwin. I represent Isabel Shannon who is the property in,mediately to the west of the property sought to be rezoned and by this application the Board is presently considering. I have a fee ling about the several applications which have come before this Board have been creeping easterly from Jack Levin's much larger motel a little bit to the west, and in Just about the same distance from that motel west of it is Mr. Lederle's house and I own. a piece of property a little bit west of him, and I am very much concerned not only on behalf of Mrs. Shannon, but individually and as an owner of a piece of property along the Sound there, that the same thing may be happening in that direction as it happened tO the eastward, and that is, all of a sudden I am going to find on each side of my property lands which are zoned for Multiple Residence while I am still sitting on a piece of Residential property. .&nd I cannot, gentlemen, for the life of me, conceive how anyone conscientiously Can consider that the creation of a situation as exists along the Sound there from Mr. 7 Lederle's property east, Multiple Residence, Residential, Multiple Residence, almost lot by lot to the east, can by any stretch of the imagination be called comprehensive planning and zoning. I think it is the very antithesis of that, and I think it should be stopped now. You people are already aware, I am sure, that the type of rezoning that has already been 'undertaken by this Board has led to some litigation where its constitutionality is very seriously questioned, and i suspect if this 9resent application were to be granted, we would be involved in mo re of that. And as an alternative to this lot by lot and every other lot way of doing it, let us tackle this business of rezoning this Town for Multiple Residence on a comprehensive basis if you feel you must, and ~that is the place to do it. Let us not kid around and make it all multiple residence from Southold Town Beach as far east as Orient, but certainly not every other lot, that is not the way to do it. I think you must realize with this creeping business somebody else will want to put up a motel. Sure, we need motels as the Planning Board told us; all of us are aware of that. That is not the way to put them up, by zoning every other ~t. And this is worsening an already bad condition and I hope the Board will very seriously consider this application and reject it. Thank you. SUPERVISOR KLIPP: Is there any other person present who wishes to be heard in opposition to the application? (There was no response. ) On motion of Mr. Albertson, seconded by Mr. Demarest, and unanimously carried, the hearing will be continued on May 5th at 2 o'clock p.m. for the purpose of having the applicant's attorney appear. NOTICE OF HEARING TO ~ND ZONING ON PRO POS AL ORD I NANCE Pursuant to Section ~6~ of the Town Law and Article IX ~ of the Building Zone Ordinance of the Town of County, New York, a public hearing will be !,Toma Bo~d at the office of the Sul~rvisor, $outhold, Suffolk :i Greenport, held by-the Southold 16 South Street, New York, in said town on April 21, 1959, at 2~O0 P.M. ~ of said day, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of !.Suffolk County, New York: By changing from "A" Residential and Agricultural Dis ~,ito "M" Multiple Residence District the .following described ~ope Ail that certain tract or parcel of land situate near Greenport, in the Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows, Beginning at a point on the northerly line of North Road at the southeasterly corner of l~nd now or formerly of Shannon l fl'om ~aid point of beginning ~u%nlng along ~aid land now or formerly of Shannon North %70 feet more or less to the waters of .Long Island Sound~ thence east- erly along the shore of Long Island Sound 200 feet more or less to land now or forn~rly of D. H. Horton$ thence along land last .mentioned South ~69 feet more or less to the northerly line of North Road~ thence along the northerly line of North Road West 320 feet more or less to the poi. n~ or place of beginning. Containing about 3.10% acres more or less. Any person desiring to be heard on the proposed amendment should ap.pear at the time and place above specified. Dated: March 2~, 1959 BY ORDEE OF THE TOWN BOARD $OUTHoLD RALPH P. BOOTH TOWN CLERK $outhold Town Planning Board SOLITHOLD, L. I., N. Y. PLANNING BOARD MEMBERS Johr, '~(/~ckh~rn, Ch~irme. Harold R. Reeve Alfred Grebe Archib,~[d Youn~ Report To: March 20, 1~9 Southold Town Board Southold, New Zork Gentlemen: This is to certify that the following action was taken by the 3outhold Tov~ Planning Board at its meet- ing on March 17~ 19~9. 'In the matter of the petition of Thomas ~. ~.!olin aad Oscar ~[olin for a change of ~ne from "A" Residential and Agricult~.~al to "I,F' ~ltiple Residence district certain real property situated near Greenport and more particularly bounded and described as follows: ~orth by Long Island Sound~ East by D. H. Horton~ ~outh by North Road~ and West by 9hannon~ it is hereby ~SOL~D, that the Planning Board recommend to the Town Ooard that the change from "A" Agricultural and Residential to "M" Multiple Residence district be made on the property included in the legal description by Otto W. Van Tuyl~ Survey- ed on December 1}+~ 194~. %'he Board feels that in view of the fact this property is almost across the street from two labor camps~ and there are other "M" districts in the immediate vicinity~ this is probably the best use of this land. We are of the under- standing that the oetitioners olan to build foyer double duplexes on this property in approximately one Meat. Very truly ?ours~ /John Wickham~ Chamr ~an Southold Town Planning Board SOUTHOLD TOWN CLERK'S OFFICE March 11, 1959 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The original petition of THOMAS M. MOLIN and OSCAR MOLIN, of Greenport, New York, relative to change of zone from "A" Residential and Agricultural District to "M'~ Multiple Residence Zone, is in the files in the office of the Planning Board at Southold, New York. 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. RPB/mr ~ry truly yours, Ralpl~ P. Booth Town Clerk CASE NO: STA.TE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER 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: ~O~.~S ~. ~IOLIN, Oreenport, · '~. "OSO.,~LR"' 5 ............................ ' ............................................................ Suffolk Count,,, New York, the undersigned, am the owner~lf~l¢ feo'~property- -----~certain situated d~ ..¢~!'.~..~t].~.~!?~.t]..~;l .................................... and more particularly bounded and described as follows: North by Long Island °ound; East oy D, H. Horton; ~)uth by North Road~ est Oy Sherman. See attached map 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, os follows: TO ehsnge Prom "A'~ ~esldential end ~grlcultural zone to ~" i~ultlplo Residence Zone. 3. Such request is mode for the following reasons: This propertywes originally purchased with the intentlon of erectlng a gotel. In view of the character of the neighborhood, in order to render tae property productive [rom an income standpoint, petitioner proposes to erect auplex units. Premises are In immediate vicinity of ~. Zone property and diagonally acros~ the road from the f~stern Suffolk ~ooperacive Labor Camp and che ~regory & Doyle Labor C2mp. (Thomas t,~ol~n ) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ...... .T..H...0..~...S....~.!.0.~j~ .................................................. 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 (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it ta be true. ~worn fo before ma 0 ~0 ~.~IJRVEy FOR ~'~OI4fN O? ,..~.OU TH O L D · .~U~-,=-OLK Co., hl. Y. ,$o~/¢ Ioo'= I"