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
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