Loading...
HomeMy WebLinkAboutBernhardt,Frederick C. Amend #43 WHEREAS, a petition was heretofore fi!ed with the Town Board of the Town of Southold by ..... ..~...~..~.~...~...*.....~.~ .......................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone .Maps made a part thereof by chang- ing from ...... '.'.~..~.~....~....[~_..Z..~?:.~..~?..~..Z.'=~......~.'~.~....~..~.~~ ..................... District to .............. ?~.':~...~/~..~.~. ~.'..g. i~....~..~...l~'....~. ~ ................................... 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 .... .~.4 ............. day of ............. ~[!~ ............................ 19~..~..~and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is g~'~l~=~:l, OFF .ERK ALBERT W. RInHMDND TOWN CL£RK RE[3ISTRAR OF VITAL STATIC:TICS TELEPHONE SOUTHOLD -5-3 ?l~ 3 SDUTHOLD, I. I., N. Y. JI. IDII'H 'ir. BOI~£N ~Ol'lt~ Public, State of New York No. 52-0344963, Suffolk County Cnmm.ssion Expires March 30, lC~ OF ZONIN~ ORDINANCE AM~K)/~I~T NO. 43 ~ha~ a/~r a pu~ ~' h~d~ ~~ ~ the~ r~~~~ ~w, t~ B~~ Z~e O~~ (~cl~ing ~e B~fl~g Zone ~f ~he'~~ of ~~d, S~o~ ~~, New York, ~ d~y'~- ~old To~-~ h~ ~y 9, 1~1, ~ fo~s' denti~ ~d Ag~~~ ~ "M" M~tiple ~~ ~~t t~ fo~~-d~~. A~ ~at ~rt~ ~t ~ p~- cel of 1~' ~t~t~-at S~folk. ~~ty, New Y~ ~d Be~~ at a po~t' ~ ~e e~terly ~e of'~k 280 ~t' mo~ ar ~1~ ~~~!y lwm the ~~wa~ ~k 0f ~ng-.~l~d ~, Ir~' ~d ~~t'~ of -- -~g ~~ No~h 20 .d~'~ u~s 10 ~& W~t ~.0 f~t, '.more ~ le~, W S~d ord~~ h~h~~ mark of ~g ~d water ~k of ~~d.. N~ ~- d~ 15. ~more or!e~; ~ I~d ~ 'dr for- ~aid land of ~ride ~u~. E~ 2~3.01 ~t, mo~ or 1~ a ~i~t, the~e ~o~ ~id' l~d of ~B.ride ~~h 56 minutes 50"sec~ds W~t 3~19 feet, ma~e or le~ w s~id e~rly ~ine. of ~.k Po~ ~ad ~d ~he . ~int or pl~e of ~gi~g. .2. By. c~~g Ir~ "A" d~tial ~ Agr~uitu.r~ ~st~t ~ "B". B'~ine~ Dis~t ~e' fol- low~g d~~.~ prop~y: ~11 tha~ ~e~a~ ~t or Panel of ~a~d, si~~..at G.~~~, in ~~ty, New Yo~k, ~d more p~t~c~l~ly ~ ~~ded 'and de- ~qrib~ '~ fo~ows: ..Berg ~a~ a ~~t foxed ~by. ~.e ~rs~t~ of the ~t- er~y l~e o,f M~re'.s La~e ~th ~e n~therly l~e of Front S~et (S~ Ro~ 2.5), ~d the~ No~h 2~ 42' 40" ~t, 3~.33 i~ ~ ~e sou~wes~rly ~~'of l~d of .the Vfl~ge of Gre~po~; ~n~e NO~ ~ ~ 41' 30" e~t, 3~.30 f~t · ~the~terly 1.~of l~d of the Vi~~ of~ G~n~; then~ ~ng the w~~ly l~e of ~d n~ or f~erly of S~J~, ~~ 2° 05' ~" west, l~.~..feet ~ a .pod.t, thee ~~g ~e wes~ly ~e of l~d of H~, ~u~h 0~ 49' ~" w~t, 195.~2 f~t W the ~~herly si~e of ~nt '~St~et; t~nce ~u~ 89~ 33' ~"~ west, ~ng. t~ nor~erly ~e ~int or place of ~~. ~~: ~ay 9, 1951. BY O~~ OF ~ ~~ ~UT~OLD ~O~ ~~. ~~ O~RK 1~12 , STATE OF NEW YORK, ~ ss' j ...... .... --~---...~..~.~..~.~ .... ~~ ................ , being duly Sworn, ays that ..... ~~ .......... is ~nter ~d Pub~sher of the SUFFOLK ~S, a newspaper published at Green~~, ~ said county; and that the notice, of which the a~exed is a p~ted copy, has been published in the s~d S~o~ Times once in each week, for ............................................................... ~ ............................. week~ successively commencing on the ........ day of ....................... Swo~ to before me t~s ..... ~.~..~ ....... .............. NOTICE OF OF ZONING AMENDMENT ORDINANCE AMENIiMENT NO., 43 NOTICE IS H~-.-.REBY GIVEN, that after a public hearing held pursuant to the requirements of law, the Bulldlng Zone Ordinance (Including the Bu~ldlng Zone Maps) of the Town of Southold, Suffolk County, New York, was duly amended at a regular meet.lng of .the Southold Town Board held on May 9, 1961, as follows~ By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property= Ail that certain tract or parcel of land s Xtuated at Cutchogue, in the Town of ~outhold, Suffolk County, New York, and more particularly bounded and described as follows~ Beginning at a point on the easterly line of Duck Pond Road, said point of beginning being 280 feet more or lens southerly from the highwater mark of Long Island Sound, from said point of beginning running thence North 20 degrees 54 m inures 10 seconds West 280.0 feet, more or lens, to .a~d ordinary highwater mark of Long Island Sound: thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East 300.0 feet, more or less, to land now or formerly of McBride~ thence along said land of McBride South 33 degrees 44 minutes 10 seconds East 273.01 Page 2 - Legal Notice feet, more or less, to a point; thence along said land of McBride South 56 degrees 15 minutes 50 seconds West 362.19 feet, more or less, to said easterly line of Duck Pond Road and the point or' place of 'beginning. 2~ By changing from. "A" Residential and Agricultural District to "B" B usiness District the following described property~ Ail that certain tract or parcel of land situated at ~reenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows~ Beginning at a' point formed by the intersection of the easterly line of Moore's Lane with the north- erly line of Front Street (State Route 25); and running thence North 2*42'40" east, 300.33 feet to the southwesterly corner of land of the Village of Greenport ! thence North 89°41'30" east,.' 302.39 feet to the southeasterly line of land of the Village of ~reenport; thence along the westerly line of land now or formerly of SledJeski, South 2~05'00" west, 103.60 feet to a po int~ thence along the westerly l~ne of land of Herzog, south 0~49'40" west, 195.72 feet to the northerly side of Front Street; thence South 89°33'30'' west, along the northerly line of Front Street, 310 feet to the point or place of beginning. Page 3 - Legal Notice DATED: May 9, 1961. BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND, TOWN CLERK. PLEASE PUBLISH ONCE, MAY 12, 1961, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION IMMED~~LY TO TH~ TOWN CLERK, $OUTHOLD, PUBLIC HEARING SOUTHOLD TOWN BOARD May 3, 1961 Pre s e n t : LESTER ALBERTSON, Supervisor RALPH TUTHILL, Justice of the Peace LOUIS DEMAREST, Councilman CORWIN GRATHWOHL, Councilman ALBERT RICHMOND, Town Clerk FREDERICK C. BERNHARDT SUPERVISOR ALBERTSON: I will open the hearing by reading the legal notice. "Pursuant to Section 265 of the Town Law and Article IX of' the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 3rd day of May, 1961, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Buildin~Zone Maps) of the Town of Southold, Suffolk County, New York. 1. 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 situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point on the easterly line of Duck Pond Road, said point of beginning being 280 feet more or less southerly from the highwater mark of Long Island Sound, from said point of begin- ning running thence North 20 degrees 54 minutes 10 seconds West 280.0 feet, more or less, to said ordinary highwater mark of Long Island Sound; thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East 300.0 feet, more or less, to land now or formerly of McBride; thence along said land of McBride South 33 degrees 44 minutes 10 seconds East 273.01 feet, more or less, to a point; thence along said land of McBride South 56 degrees 15 minutes 50 seconds West 362.19 feet, more or less, to said easterly line of Duck Pond Road and the point or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. DATED: April 18, 1961." SUPERVISOR ALBERTSON: I also have an affidavit from the publisher. "State of New York)ss: County of Suffolk~ F. Langton Corw;n, being duly Sworn, says that he is Printer and Publisher of the SUFFOLK 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 one week successively commencing on the twenty-first day of April 1961. Sworn to before me this 21st day of April, 1961. SUPERVISOR ALBERTSON~ /s/ F. Langton Corwin" /s/ Cornelia C. Keogh, Notary Public. The following is the report from the Southold Town Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held April 18, 1961: In the matter of the petition of Frederick C. Bernhardt, 20 Station Plaza, Great Neck, New York, for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at Cutchogue, and more particularly bounded and described as follows: Beginning at 4 a point on the easterly line of Duck Pond Road, said point of begin- ning being 280 feet more or less southerly from the highwater mark of Long Island Sound, from said point of beginning running thence North 20 degrees 54 minutes 10 seconds West 280.0 feet, more or less, to said ordinary highwater mark of Long Island Sound; thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East 300.0 feet, more or less to land now or formerly of McBride; thence along said land of McBride South 33 degrees 44 minutes 10 seconds East 273.01 feet, more or less, to a point; thence along said land of McBride South 56 degrees 15 minutes 50 seconds West 362.19 feet, more or less, to said easterly line of Duck Pond Road and the point or place of beginning. Map of land surveyed for Felice J. Rossi at Cutchogue by Otto W. Van Tuyl & Son, survey dated December 17, 1956, and amended May 27, 1957, June 18, 1957 and August 25, 1958; it is hereby RESOLEVED that the Planning Board recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the above described property of Frederick C. Bernhardt. The Planning Board is thoroughly familiar with the location of the property and this proposed change of zone will place this property in a conforming status. Further, it is understood that Mr. Bernhardt has a fine restaurant business in Great Neck and his establishment in Cutchogue will be a real asset to the community. Respectfully submitted, /a/ John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this change as requested by Mr. Bernhardt? (There was no response. ) SUPERVISOR ALBERTSON: Is there anyone who wishes to speak in favor of this change of zone? MR. FREDERICK C. BERNHARDT, 20 Station Plaza, Great Neck, New York: I think the township and Cutchogue will gain by this little change. I will put a restaurant in and the people at the motel will have food and the people in Cutchogue will have food. This is my seventh business and I have always been very successful and I am sure I am going to be very happy here. I brought the plans of the restaurant and papers of proof from the Labor Board. SUPERVISOR ALBERTSON: Is there anyone else who would like to speak in favor of this change of zone? (There was no response. ) SUPERVISOR ALBERTSON: After the hearing I am sure the Board would like to look at your plans. SUPERVISOR ALBERTSON: Is there anyone else who would like to speak for or against this change of zone? (There was no response. ) SUPERVISOR ALBERTSON: We will close the hearing for the further deliberation of the Board. NOT~CE OF ~G Pursuant to ~ti~ 2~ of ~n ~w ~d ~le ~ of B~~ ~e Or~~ of T~n ~ ~u~d, Suff~ N~ Y~k, p~b~ h~~ ~. ~ld by ~e ~'uthold ~ B~ ~t ~.e office of the ~~, 16 ~u~ Strut, ~~~, N~ 'York, .~ s~d ~ on the 3rd ~y of MaY, 1~1, at ~:30 ~ the evenfng of ~id day, on the .f~g pro~ ~ ~end the ~d~g Z~ne ~ance (~l~- lng t~ Build~g ~e ~a~) of the ~ of Sout~ld, Su.ffo~ ~unty, New Y~k. 1. By ch~ging ,f~ "A" R~- ~~ ~d Ag~t~ D~t~ ~ "M" M~tiple ~ide~e D~t~ct~ the fo~o~g de~ri~ p~Y:{ Ail ~at certa~ trot or cel of l~d situ~ted at Cu~-~ og~, in ~ ~own of .~'~hold,~ S~folk ~ty, New York, m.~ P~ularly ~a~ ~d des~ ~ fol~s: -B. egi~. at a point ~ ~e ~terly ~e of ~.k P~d ~d ~t of be~nn~g 280 ~t mo~ or 1~ ~~Y .f~ 'the ~~a~ ~k ~ng ~ ~d, f~ ~d more ~ le~, ~ ~d ~d~ high~Z~ m~k oi ~g ~d ~d ~em ~ug ~ hgh- ~t~ ~k of ~ ~d ~d N~ ~ d~ 15 ~-~ ~ ~ ~n&. ~t 3~.0 f~t,~ m~ ~ 1~, ~ ~d ~ ~ for-~ me.rly of ~de, th~ ~ land of ~~de ~u~ d~s ~ ~u~s 10 ~t 2~3.01 ~t, mo~ or ~, a ~i~t, the~ along ~d l~d ef ~Bride ~u~ 56 d~.~ 15 ~utes 50 ~& W~t 362[~1~ ~f~t, more or I~, ~ ~d ~r~y l~.e of ~,ck ~n~ ~ ~d ~t or p~e of begi~g. 2. By-c~~g from "A" d~t~ ~ A~c'u{tur~ D~tr~t ~ "B" B~sin. e~ D.is~ ~e 'fol- lo~ng des~d propertY: ~I that c,e~a~ t~ct or of la~d si~ated at Green~, ~e ~ of ~out~old, S~ffolk ~u~ty, New York, ~d. more ~c~ly bounded and de- sqrib,,ed '~ foBows: Be.g~i~g ~at a po~t formed ~y ,~e ~ter~cti~ of the east- erly l~e ef ~oo~e's L~e ~th ~ northerly l~e of F~nt Street (S~ Ro~ 25), ~d .~ng t~ No~h 2° 42' 40" e~t, 30.33 f.~t ~ the ~u~wes~rly~ Gre~po~; ~e No~. ~' 41'~. ~" ~t, 3~..~ f~t ~ ~e~ ~uth~rly 1~ of l~d of' the~ Vi~ of - ~~rt; thence . ~ the w~ly ~ of l~d ~ or f~erly of ~~, ~u~ 2~ ~' ~? west, 1~.~ feet ~ a ~t, th~ ~g the we~lY ~e of l~d of H~g, ~ 0~ ~.' ~" w~t, 1~.~2 feet ~ ~h~ no~erty s~e of ~nt St~t; ~ce ~u~ ~ 33' 30" ~e~, ~ong the n~~ly ~e of Fret S~t, 310 f~ ~ the ~int or pl~ of ~~. Any pers~ tieing to ~ h.~d ~. the p~~ ~en~~ '~d' ap~ at ~e ~e ~pl~ ~e s~~. ~~: ~ 18,.1961. BY O~R OF ~ STATE OF NEW YORK, ] ~ ss: COUNTY OF SUFFOLK, .--~ ,~_. ~-~ · ....... :.ZZ., .... .::..c.:,~.:...~.....~...yT...~..~: .... .~::..c....?..~..~..~... ........... , bein~ duly Sworn, TIMES, a newspaper published at Greenpo.rt, in said county; and that the notice, of which the annexed is a printed copy, bas been published in the said Suffolk Times once in each week, for .............................................................. ~[i.~.L~ .............................. week~ successively commencing on the ........ .~..~:,.--~.:.:~.:~.&,~ .... :~..-::~::'..~:?.:i. ....... day of ........... .~L~::~..'.~...t ........................ 1 9.~:../. ....... .... .... Sworn to before me this .... ~..~..(.:..~;~..,. ...... day of (:-',.--~- .~_t~ 19,.0.. ( ................. ':- ......... ..... ....... CORNELIA C. KEOGH NOTARY PUSLIC, State of New .Yore N:)...2-209.3890 Qualified in Suffolk Count~ Tur. n E::pires March 30, 196I ~_GAL NOTICE NOTICE OF IiEARiNG TO AMEND ZONING ON PROPOSAL ORDINANCE Pu. rsuant to Section 265 of the Town Law and Article IX of the Building ..Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 3rd day of Nay, 1961, at 7:30 o'clock in _the evening of said day, on the following proposals to amend the Building ~one Ordinance (including the Building ~one Maps) of the Town of Southold, Suffolk County, New York. By changing from "A" Res~dential and Agricultural D~strict to "M"Multiple Residence District the following des cribed property~ All that certain tract or parcel of land situated at Cut~hogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows~ Beginning at a point on the easterly line of Duck Pond Road, said point of beginning being 280 feet more or less southerly from the highwater mark of Long Island Sound, from said point of beginning running thence North 20 degrees 54 minutes 10 seconds West 280.0 feet, mo~e or less, to said ordinary highwater mark of Long Island Sound~ thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East. 300.0 feet, more or less, to land now or formerly of McBride; thence along said land of McBride Page 2- Legal Notice South 33 degrees 44 minutes 10 seconds East 273.01 feet,, more or less, to a point~ thence along said land of McBride South 56 degrees 15 minutes 50 seconds west 362.19 feet, more or less, to said easterly line of Duck Pond Road and the point or place o f beginning. 2. By changing from "A" Residential and Agricultural District to "B" Bas/ness District the following described property~ Ail that certain tract or parcel of land situated at Green~ort, ~n Suffolk County, New York, bounded and described as Beginning .at a point the Town of Southold, and more particularly fo 11 ows ~ intersection of formed by the/easterly the line of Moore's Lane with the northerly line of Front Street ( State Route 25); and running thence North 2°42' 40" east, 300.33 feet to the southwesterly corner of land of the Village of Greenport! thence North 89041'30" east, 302.39 feet to the south- easterly line of land of the Village of Greenport: thence along the westerly line of land now or formerly of SledJeski, South 2° 05'00" west, 103.60 feet to a point; thence along the westerly line of land of Herzog, south 0°49'40" west, 195.72 feet to the o northerly side of Front Street; thence South 89 33'30" west, along the northerly line of Front Street, 310 feet to the point or place of beginning. Page 3 _- Legal Notice Any per son desiring to be heard on the proposed amendments- should iDATED appear at the time and place above April 18, 1961. specified. BY OltDElt OF THE TOWN BOARD. $OUTHO ~LD ALBERT W. ItICHMO~, TOWN CLERK. PLEASE PUBLISH ONCE, APRIL. 21, 1961, AND FO~t~ FIVE AFTIDAHTTS OF PUBLICATION IMMEDIATELY TO THE TOWN CLE~, ROAD, SOUTHOLD, NEW YO~. Copies mailed to the following on April 18, 1961~ The Suffolk Times The Long !~land Traveler-Mattituck Frederick C. Burnhardt Stanley Corwin, a/¢ Kalin. watchman (5) MAIN Southold Town Planning Board SDLITHDLD, L. I., N.Y. PLANNING BOARD MEMBERS John ~/ickhom, Ch,~i,rnon ~en~y Mois~ Alfred C~rebe Archlbold Youn9 ~illi~m Unkelboch Report to: Southold Town Board Southold, New York April 18, 1961 Gentlemen: This is to certify that the following action was taken by the $outhold Town Planning Board at a meeting held April 18, 1961: In the matter of the petition of Frederick C. Bernhardt, 20 Station Plaza, Great Neck, New York, for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at Cutchogue, and more particularly bounded and described as follows: Beginning at a point on the easterly line of Duck Pond Road, said point of beginning being 280 feet more or less southerly from the highwater mark of Long Island Sound, from said point of beginning running thence North 20 degrees 54 minutes 10 seconds West 280.0 feet, more or less, to said ordinary highwater mark of Long Island Sound; thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East 300.0 feet, more or less to land now or formerly of McBride; thence along said land of McBride South 33 degrees 44 minutes 10 seconds East 273.01 feet, more or less, to a point; thence along said land of McBride South 56 degrees ~ minutes 50 seconds West 362.19 feet, more or less, to said easterly line of Duck Pond Road and the point or place of beginning. Map of land surveyed for Felice J. Rossi at Cutchogue by Otto W. Van Tuyl & Son, survey dated Dec- ember 17, 1956, and amended May 27, 1957, Juhe 18, 1957 and August 25, 1958; it is hereby RESOLVED that the Planning Board recommend to the Town Board the change of zone from SA" Residential and Agricultural District to "M" Multiple Residence District on the above described property of Frederick C. Bernhardt. Page 2 - Southold Town Board The Planning Board is thoroughly familiar with the location of the property and this proposed change of zone will place this property in a conforming status. Further, it is understood that Mr. Bernhardt has a fine restaurant business in Great Neck and his establishment in Cutchogue will be a real asset to the community. Respectfully submitted, ~/John Wickham, Chairman Southold Town Planning Board /jb FIFFI E~K ALBERT W. RIE:HMFIND SOUTHOLD, L. I., N. Y. TELEPHFINE April 19, 1961. Mr. John Wickham Chairman Planning Board Cutchogue, New York Dear Mr. Wickham; The original petition of Frederick C. Burnhardt, 20 Staten Plaza, Great Neck, L.I., N.Y. relative to change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain property situated in Cutchogue, New York, is in the files in the office of the Planning Board at Southold, New York. You are instructed to pre- pare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. Awe/mr Very truly yours, Town Clerk CASE ~O: ..... .9.~ ............... STATE 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: 1. I, .....F..r...e..d..e...r.i..c...k....C. ..... ..B..e.~..n..h..a..v..d..t. ........... , residing at ..:~Q.~l~.atiorz.]3Laza .......................... (insert name of petitioner) Great Neck, New York Suffolk County, New York, the undersigned, am the owner of certain real property situated at ............................ .Qu.t.~b.og~.~ .................... and more particularly bounded and described as follows: ALL that certain tract, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the easterly line of Duck Pond Road, said point of beginning being 280 feet more or less southerly from the highwater mark of Long Island Sound, from said point of beginning running thence North 20 degrees 54 minutes 10 seconds West 280.0 feet, more or less, to said ordinary highwater mark of Long Island Sound; thence along said highwater mark of Long Island Sound North 56 degrees 15 minutes 50 seconds East 300.0 feet, more or less, to land now or formerly of McBride; thence along said land of McBride South 33 degrees 44 minutes 10 seconds East 273.01 feet, more or less, to a point; thence along said land of McBride South 56 degrees 15 minutes 50 seconds West 362. 19 feet, more or less, to said easterly line of Duck Pond Road and the point or place of beginning. 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, as follows: From "A" Residential and Agricultural District to "M" Multiple Residence District. 3. Such request is made for the following reasons: I wish to build_ an additional building to be used as a restaursnt operatio~ in co~"~ection with the r .... '~a: i~ 19~6 a.~c't an ad~ ition built io 1957. ?,resent motel ~nmca built '' Thc ~resent o~eratmo~ i.~ a nonconI'orming use sr~C i ~h to m~<e it a conforming use a;~d build the addition~l bullring: an~<:~ make other improvments on th~, ~orc-~'aises. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) 2~.~;?.d.~r.~.~'~. ~.r~a.~.~l.t .................................... 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 contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this ..... 3_8.. day of ............ kpr. il ............ 19...61 Notary Public. JUDITH T~ BOKEN Notary Public, State ot New York No. 52-0344963. Suffolk Co,mtv ['~:rl~r2 cE?f: F~ ,-,ir,? ~.1:~r,'' ' WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ........ ~.?....~..:.....&...~....~..:...~..;~.. ........... requesting o change, modificotion and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from .........."..~..."...~..Z~...~~..i~l~l~ ilitl~"'l~'~lilil~ District to ....... ~..~.."....~ .~...Z~...~ .~. .................................................................. 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 .................. ...~..~ ...................... l~'~....,6~d due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, ond it hereby is ~I1~1=~. PUBLIC HEARING SOUTHOLD TOWN BOARD May 3, 1961 Present: LESTER ALBERTSON, Supervisor RALPH TUTHILL, Justice of the Peace LOUIS DEMAREST, Councilman CORWIN GRATHWOHL, Councilman ALBERT RICHMOND, Town Clerk HERBERT & LLOYD KALIN also Herzog. SUPERVISOR ALBERTSON: I will open the hearing by reading the legal notice. "Pursuant to Section 265 of the town Law and Article IX of the B~ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 3rd day of May, 1961, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Build- ing Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 2. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: Ail that certain tract or parcel of land situated at Greenpott, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point formed by the intersection of the easterly line of Moore's Lane with the northerly line of Front Street (State Route 25); and running thence North 2o42'40" east, 300.33 feet to the southwesterly corner of land of the Village of Greenport; thence North 89041'30" east, 302.39 feet to the southeasterly line of land of the Village of Greenport; thence along the westerly line of land now or formerly of Sledjeski, South 2o05'00" west, 103.60 feet to a point; thence along the westerly line of land of Herzog, South 0o49' 40" west, 195.72 feet to the northerly side of Front Street; thence South 89o33'30" west, along the northerly line of Front Street, 310 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. DATED: April 18, 1961. By Order of the Southold Town Board, Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: I also have the affidavit of publication from the Suffolk Times. "STAte of New York) County of Suffolk) ss: F. Langton Corwin, being duly Swo~, says that he is the Printer and Publisher of the SUFFOLK 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 SUffD lk Times once in each week, for o~s week successively commencing on the twenty-first day of April, 1961. /s/ F. Langton Corwin Sworn to before me this 21st day of April 1961. /s/ Cornelia C. Keogh, notary public." SUPERVISOR ALBERTSON: The following is the report from the Southold Town PlanningBoard. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held April 18, 1961: In the matter of a change of zone from "A" Residential to "B" Business District on the Town Board's own motion on property of Herbert Kalin and Lloyd Kalin and Albert Herzog, Jr. on certain real property situated at Greenport in the Town of Southold and bounded and described as follows: Beginning at a point formed by the intersection of the easterly line of Moore's Lane with the northerly line of Front Street (State Route 25); and running thence North 2°42'40" east, 300.33 feet to the southwesterly cOrner of land of the Village of Greenport; thence North 89°41 '30" east, 302.39 feet to the southeasterly line of land of the Village of Greenport; thence along the westerly line of land now or formerly o of Sledjeski, South 2 05'00" west, 103.60 feet to a point; thence along the ~sterly line of land of Herzog, South 0o49'40" west, 195.72 feet to the northerly side of Front Street; thence South 89o33'30" west, along the northerly line of Front Street, 310 feet to the point or place of beginning. Map of land surveyed for Herbert L. and Lloyd C. Kalin near Greenport, dated July 21, 1960 and revised September 13, 1960; it is hereby RESOLVED that the Planning Board recommend that the Town Board on its own motion change from "A" Residential and Agricultural District to "B" Business District the property of Herbert L. Kalin and Lloyd C. Kal in and Albert Herzog, Jr. It is the opinion of the Planning Board that it would be in the best interests of the Town of Southold to place the non- conforming business property of Herbert L. Kalin and Lloyd C. Kalin in the "B" Business District and also include the property of Albert Herzog, Jr to the west in the "B" Business District to complete the corner of the block. Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning Board. SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this application for a change of zone? (There was no response. ) SUPERVISOR ALBERTSON: Is there anyone who wishes to speak in favor of this change of zone? STANLEY CORWIN, ESQ., Greenport, New York: First I would like to state that this present business is not a non-conforming use. We applied for permit to put the present building on the property and at that time we went into the prospective use of it and found that we were permitted under an "A" use to have a retail flower shop. If we wished to raise flowers for commercial use it would be improper. Being next to an industrial plant we feel there should be no objection to a buffer zone between "I" Industrial and residential property. To the north and to the northeast is the school, Greenport light plant farm land and wood land. The residential dwellings on the south do not object. MR. HOWARD TERRY, Building Inspector: For the record, I have checked with the County Planning Board and they have o.k'd it and as far as they are concerned it is all right. SUPERVISOR ALBERTSON: Is there anyone else who' would like to speak for or against this change of zone? (There was no response. ) SUPERVISOR ALBERTSON: We will close the hearing for the further deliberation of the Town Board. Southold Town Planning Board SDUTHDLD, L. I., N. Y. PLANNING BOARD MEMBERS ,John %~/'ickham, Chairman Henry Moisa Alfred C~ rebe Archibald Young William Unkelbach Report to: Southold Town Board Southold, New York April 18, 1961 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held April 18, 1961: In the matter of a change of zone from "A" Residential to "B" Business District on the Town Board's own motion on property of Herbert Kalin and Lloyd Kalin and Albert Herzog, Jr. on certain real property situated at Greenport in the Town of Southold~d bounded and described as follows: Beginning at a point formed by the intersection of the easterly line of Moore's Lane with the northerly line of Front Street ( State Route 25); and running thence North 2042'40'' east, 300.33 feet to the southwesterly corner of land of the Village of Greenport; thence North 89o41'30'' east, 302.39 feet to the southeasterly line of land of the Village of Greenport; thence along the westerly line of land now or formerly of Sledjeski, South 2005'00" west, 103.60 feet to a point; thence along the westerly line of land of Herzog, South 0o49'40'' west, 195.72 feet to the northerly side of Front Street; thence South 89o33'30'' west, along the northerly line of Front Street, 310 feet to the point or place of beginning. Map of land surveyed for Herbert L. and Lloyd C. Kalin near Greenport, dated July 21, 1960 and revised September 13, 196D; it is hereby RE~OLVED that the Planning Board recommend that the Town Board on its own motion change from "A" Residential and Agricultural District to "B" Business District the property of Herbert L. Kalin and Lloyd C. Kalin and Albert Herzog, Jr. Page 2 - Recommendation to Southold Town Board It is the opinion of the Planning Board that it would be in the best interests of the Town of Southold to place the non- conforming business property of Herbert L. Kalin and Lloyd C. Kalin in the "B" Business District and also include the property of Albert Herzog, Jr. to the west in the "B" Business District to complete the corner of the block. Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board OFFi K ALBERT W. RICHMOND TOWN DLERK REGISTRAR DF VITAL STATISTICS TELEPHONE SDUTHDLD 5-:3 7 El :3 SDUTHDLD, L. I.~ N. Y. April 19, 1961. Mr. John Wickham Chairman Planning Board Cutchogue, New York Dear Mr. Wickham; The original petition of Herbert L. and Lloyd C. Kalin of Gre~nport, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated in Greenport and the resolution of the Town Board to include the property of Albert Herzog Jr. on the corner of Main Road and Moore's Lane are in the files in the office of the Planning Board at Southold, New York. · You are instructed to pre- pare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. AWR/mr Very truly yours, Albert W. Richmond Town Clerk a ed by J'a Ace Cl.ark~ secc~ded by Council]Mm re .ce. tved ~rom HorBert L. and Lloyd c. ~l.:Ln toqueS- ing a change of~ zone o£ ce~t:a .An ~.Y, and ~ £ully de.lyf thud in property situated on Main R~, GreenP°rt, said petitic~ .fZ-oen ~"A" Restd~tial and WHiR]fAS, ~hts roqu~.ot Lm~ zoa~d~ .~-A, Remidontial mas Jl~Tieul.tur.al of the Board to rezono all' this sec-.;ti~ on its own motion to "B'" Businemm I~OW, THEREFORB, BE XT REfOl~~t That the Town IMard, on l-ts own motion, amend the So~lthold ~ Bulldt~ Z-sIM. OFdLuance, AneXuding the By changing ~c~ "~'"A" Rem.~tlal and AgT'leultur&l Dlmtrtct to -~B' ~ml~se the £ollov~' described .ALL that. certca:Ln trac~ oF percel of land situated at GT~t, in ~e ~ o~ ~~old, ~~o. lk ~ty, ~ ~k, ~ ~e ~tl~l~ly ~~ ~ *~r",' ~- ~~ am folios, ~~. ~~ 2 d~~m 42' ,40" ~~, ~.33 ~~t to ~ a~m~y cor~ of 1~ of ~ Vtll~e o~ ~-~:t~ ~ H~~ 89 ~~a 41' 30~' 2 d~~s OS* ~'.' ~8t, 103.60 fNt to a ~~t, ~Ke ~~ ~e ~~~ly 1~ of ~z~., ~ 0 d~.l 49' 40'" w~, 195,72 f~-t to ~e nobly side of ~~t ~t; ~~ ~~ 89 ~e 33' 30':-~~, ~o~ ~e n~~- ~l~ ~~ o~ ~~~ ~~t, 310 ~m to ~ ~~t ~ pla~ of ~~~g. ~ XT .FURTHER RES'~VED. ~~at ~ ~ Cl~k be and he hereby !8 d~rectod~ to amid p~tlticm to th~ Pl~~tl~ ~d in &c~c~dm~~ with igksi ~ectlo~ of the Town of 8m~-thold, Suffolk Count~. New York. Vote of tcMn Bo~d: cmmctlmen Demlre8~ ~..a~.chl~ ~uo~lc.e clark. .. .. . Sou hold Town Planning Board SOUTHDLD, L. I., N.Y. PLANNINC~ BOARD MEMBERS John '~Wickham, Chairman Henry Moisa Alfred Grebe Archibald Young '~V/il Iia m Unl~elbach April 18, 1961 Southold Town Board 16 South Street Greenport, New York Gentlemen: The Planning Board is returning herewith the petition of Herbert L. and Lloyd C. Kalin for a change of zone from "A" Residential and Agricultural District to "B" Business District. The Planning Board has no objection to granting of the change of zone to "B" Business District on the Kalin property, but feel the reason for request as set forth on Page 2 of the petition is a definite mis-statement of fact as it regards Section 300 of the Southold Town Building Zone Ordinance. Further, the Planning Board would like to suggest that the Town Board on its own motion consider rezoning the entire area "B" Business District, including the property of Albert Herzog, Jr. /jb Very truly yours, John Wickham, Chairman 6outhold Town Planning Board OFFI ERK ALBERT W. RIBHMFIND TFIWN P. LER K REGISTRAR rig VITAL ~TATI...~TIP..S TELEPHONE -~F! UTH 0 LD S-3783 SOUTHOLD, L. I., N. Y. April 14, 1961. Mr. John Wickham Chairman Planning Board Cutchogue, New York Dear Mr. Wickham; The original petition of Herbert L. and Lloyd C. Kalin of Greenport, New York, relative to change of zone from 'A" Residential and Agricultural District to "B" Business District on certain property situated in Greenport, New York, 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. Very truly your Albertt W. Richmond Town Clerk CASE NO: ....:..?; .............. STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF HERBERT L. KALIN and LLOYD C. KALIN FOR A CHANGE, MODIFICATION OR AMENDME1NT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. W~,e,..H..e...r...b..e...r.~.....L..:.....a...n..d....:.L..1..o.y...d...Q., .... ~a]r~rgsiding at .C?..r..e...e...n.p..o..r..j~......a..n...d....Q. ri..¢..n..~.,... New York, (insert name of petitioner) respectively, /ar e Suffolk County,~]~ the undersigned/8~the owne~of certain real property situated at ~.~..e..e...n.l~...o.~..~ ...................................... and more particularly bounded and described as follows: Beginning at a point on the easterly line of l¥ioore's Lane distant 150 feet in a northerly direction from the intersection formed by the said easterly line of ~ioore's Lane with the northerly line of Front Street; running thence north 2°42'40'' east, 150.33 feet to the southwesterly corner of land of the Village of Greenport; thence north 89°41'30'' east, 302.39 feet to the southeasterly line of land of the Village of Greenport; thence along the westerly line of land now or formerly of Sledjeski, south 2o05'00'' west, 103.60 feet to a point; thence along the westerly line of land of Herzog, south 0°49'40'' west, 195.72 feet to the northerly side of Front Street; thence south 89°33'30'' west, along the northerly line of Front Street, 250 feet to the southeasterly corner of land of Herzog, Jr.; thence along the land of Herzog, Jr., 2 courses, as follows: (1) north 2°42'40'' east, 150 feet; thence (2) south 89o33'30'' west, 60 feet to the point or place of beginning. .We 2. lrxim/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 lhe Building Zone Maps heretofore made a part thereof, as follows: by changing the above described premises from "A" Residential and Agricultural District to a "B" Business District. 3. Such request is made for the following reasons: Petitioners, who own a retail florist business, are presently re- stricted by the provisions of ~300 of the Southold Town Zoning Ordinance and precluded from the commercial cultivation of flowers, shrubs, etc., for the wholesale market, i'~oreover, the premises abut on the north on the property of the Village of Greenport oc- cupied for the light plant, an industrial use; the northerly part of the easterly line of the property abuts against land petitioners understanding is being taken by condemnation for the use of the school district; the land opposite the westerly line of the property on k~oore's Lane is owned by the Village of Greenport and maintained as a recreation area. (L. S.) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) Kalin .H...e...r...b..e..r...t. .... .L.-.....K...a...1..i..n......a...n..d..~...L..1..9. y..d......C......../. , BEING DULY SWORN, depose~ and say]( that ~rj$/[thhj%Yeti~iorneemin the within action; th.attl~eyha~read the foregoing Petition and know/ the contents thereof; that the same is true to:ltllilKt:lj~)/tohwenlK~nowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matterst hey believe/it to be true. Sworn to before me this ..}..1.~.l?-. day of ............... .A.~.r~..l. ........ , 19..6.1.. _J W 0 0 hl,E~9 4 ~0 ~t,., ri Tow N IX/JAP OF LAND N EAI~I C. Il, ALI N.Y. LON~ I -,ri O) ,j -d MAP oF EAt.iD ~ELICE O. AT