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HomeMy WebLinkAboutCiacia, Guido Amend #45 TOWN CLERK RE{31STRAR I-if VITAL STATISTICS E]FFI K TELEPHONE SFIUTHOLD S-37S3 =~0UTHFiLD, L. I., N. Y. HTATE OF NEW YORK) C(X]NTY OF SUFFOLK) SS: A?,mERT W. RICHMC~D, being duly worn, deposes and says that he resides at Southold, in the Town of Southold, County of Suffolk, State of New York~ that he is the Town Clerk of the Town of So~thold! that on the llth day of September_ OF ZONING NO. 45 , So~dm~x~~ on the sienboard maintained by h~ pursuant to town law in the Southold Town Clerk's Office at Southold, New Yorkl that such posting by him was done pursuant to the pro~tsions of the Town Law and pursuant to the Resoluiton of the $outhold Town Board. A copy of the Amendment ~nnexed hereto. Albert W. Richmond Subscribed and sworn to before me this llth STATE OF NEW YORK, ] ~ ss: COUNTY OF SUFFOLK, j .......... ~ ..... ~.~..~~~....~.~ ........... , being duly Sworn, says that ..... ~U .is Printer and Publisher of the SUFFOLK ~S, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, bas been published in the said Su~t'o,lk Times once in each week, for ........................................................... ~'.L~ .................................. week~ successively commencing on the ................. Sv~o~ to before me t~s ..... ~.~..~.~ ..... ] WHEREAS, a petition was heretofore flied with the Town Board of the Town of Southold by ................ ~Z];~O..C~IA ...................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone .Maps made a part thereof by chang- ing from ...... '.'4¥.~...~ll;I,~.ql.~.t,~,~.~...~....Ag~... ~...c~...1...~...~'....~..1.. ..................... District to ........ .':.B ~.. ~1~ s .~,~1111 ................................................................. 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 Boardl and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...... 8t~ ........... day of ............ ~,.~.~.~.1[I.~ ..................... 19~'...~,~nd due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is gr~nted. BT ORDER OF THE SOUTHOLD TOWN BOAi~D DATED ~ ~eptember 13, 1961. EFFECTIVE AS OF Se~t. 23, 1961. ALBERT W. RICHMf~D T(~N CLERK NO~ICE pursuant to NOTICE OF OF .ZONING AMENDMENT ORDINANCE AME~NT NO. 45 HEREBY GIVEN, that after a publ/c hearing held the requirements of law, the Building Zone Ordinance (including the Suffolk County Building Zone Map) of the Town of $outhold, New York~ was duly amended at a regular meeting of the Southold Town Board held on August 16, 1961, as follows~ 1. By follows amending the $outhold Town Building Zone Ordinance I. By amending Article III, Section 300, by adding thereto a new paragraph, to be Paragraph 6B, to read as follows 6B--Cemeter£es and the necessary incidental structures when approved as a special exception by the Board of Appeals as hereinafter provided. 2~ By changing from "A" Residential and Agricultural District to "B" Business District the following described property~ All that certain tract or parcel of land situated at Greenport, in the Town of $outhold, Suffolk County, New York, and more particularly bounded and described as follows t Beginning at a point formed by the inter- section of the northerly line of Kerwin Boulevard and the easterly line of the Main (State) Road, running thence N. 30°24' 20"E. along said easterly line of Main Road 50 feet to land now or formerly~ of Mann, thence easterly along said land now or Page 2 - Legal Notice o formerly of Mann S.59 35'40"E. 125 feet to a point; thence northerly along said land now or formerly of Mann N. 30°'-'24'20"E. 25 feet to a po/~t~ thence easterly along said land now or formerly of Mann $.59° 35'40"E. 62.50 feet to a point; thence northerly along said. land now or formerly of Mann N. 30~24'20"E. 75.00 feet to a point; thence easterly along said land now or formerly of Mann S. 59~35'40''E. 62.50 feet to the westerly line of a private road, "Lawrence Lane" ! thence southerly along said westerly line of said "Lawrence Lane" S. 30 o 24 ' 20"W. 15 0 feet to northerly line of Kerwin Boulevard; thence westerly along said northerly line of Kerwin Boulevard N.59° 35'40"W. 250 feet to the easterly line of the Main Road at the point or place of beginning. DATED~ August 16, 1961. BY ORDER OF THE $OUTHOLD TOWN BOARD ALBERT W. TOWN RICH~OD CLERK. PLEASE PUBLISH ONCE, AUGUST 25, 1961, AND FORWARD FIVE (5) AFF IDAVIT~ · OF PUBLIcATIoN TO MAIN ~OAD, $ OLD, PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD August 8, 1961 Pre sent : LESTER M. ALBERTSON, Supervisor RALPH TUTHILL, Justice of the Peace LOUIS DEMAREST, Councilman CORWIN GRATHWOHL, Councilman ALBERT W. RICHMOND, Town Clerk ORDINANCE AMENDMENT - CEMETERIES SUPERVISOR ALBERTSON: I will open this public hearing by read- ing the legal notice.as it pertains to this hearing. "Legal Notice, Notice of Hearing on Proposal to Amend Zoning Ordinance. 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 8th day of August, 1961, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 1. By amending the Southold Town Building Zone Ordinance as follows: I. By amending Article III, Section 300, by adding thereto a new paragraph, to be Paragraph 6B, to read as follows: 6B--Cemeteries and the necessary incidental structures when approved as a special exception by the Board of Appeals as hereinafter provided. Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. DATED: July 19, 1961, By Order of the Southold Town Board, Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: I have an affidavit from the printer. STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: F. Langton Corwin, 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 eighth day of July 1961. /s/ F. Langton Corwin Sworn to before me this 28th day of July 1961. /s/ Stanley Corwin, Notary Public, State of New York." SUPERVISOR ALBERTSON: The following is a letter from the Southold Town Planning Board. "Report to Southold Town Board, Southold, New York, June 26, 1961. Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on June 20, 1961: "In the matter of the proposed amendment to the Southold Town Building Zone Ordinance placing cemeteries in the "A" Residential and Agricultural District when authorized as a special exception by the Board of Appeals, it was "RESOLVED that the Planning Board recommend to the Town Board this proposed amendment to Article III, Section 300 of the Southold Town Building Zone Ordinance: "6B-Cemeteries and the necessary incidental structures when approved as a special exception by the Board of Appeals as hereinafter provided. 4 "The Board is sure that it was the original intention of the authors of the proposed Ordinance that cemeteries should be in the "A" Residential and Agricultural District. Further, all work sheets and the Zoning Map bears this out. It is believed this was an over- sight in the printing or proof reading of the Ordinance. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board. '° SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in favor of this ordinance amendment? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this ordinance amendment? (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will close the public hearing for the further deliberation of the Board. .t~e~ Y~ p,~c h~,--~,~l .~U. be I hekl'by the South_oki ~ ~l the l~ l o~ ~~, ~l~ , .JULY 28, 1961 the following d,e~c~bed property: All that certain tract or parcel of land situated .at Southold, in the Town of 8outhald, Suffolk County, New York, and more. particularly bounded and de- scribed as follows: I~ARCEL OI~E: Beginning a concrete monument marking the comer fora, ed by t~e inter- section of th~ southerly' side of Lake Drive with the easterly ,side of Lake Court; thence run- ~ing northeastw~rdly along said southerly side of Lake Drive 1,- J261.99 feet to the point where the westerly side of the premi,~s hereby d e s c r i b e d inter~eets &~.e; thence nnming .South 44 ctegrees 24 minutes, 30 seeands East 1,/1 feet, more qr less, to the mean hig~n water Une of Lake Leeton, formerly .known as .Great Pond, at .the point or place of beginning of the pre- raises .hereby described; Begh~- ning st said last-mentioned point of beginning, thence running North 44 degrees, 24 minutes, 30 seconds West 1,/1 feet, mo~e or less, to the southerly side of .Lake Drive; t/hence rUnning east- wardly along said southerly side' of Lake Drive 332.91 feet to a concrete monument; thence ,an arc bearing right .a distance of 49.6,/ feet to a concrete monu- ment set in the westerly side of Kenny's Road marking the ,te~section of ,the v)esteriy ~ide of Kenny's Road, and the southerly. side of Lake Drive; thence run-i ,ning southwar~y along the, westerly side of Kenny's Road a distance of 1025,/ feet to a con-' crete monument; thence South 49 degrees, 0,/ minutes West~ 35.38 feet, n~ore or leas, to the' raean high vaster li~e of Lake,', ss: 2. By .cha~g from "A" Re~i- d~nt~ and A~. District t4v"B" ~~ ~ct ~ f~w- ~ ~~ ~y: .~J ~ ~ t~t or~- i~d ~ ~ ~r~ ~ n~ ~ ~~of ~, S.59' Shen~ ~r~]~ ~ ~. ~d ~ or fe~7 of M~ =~ ~y ,~ ~ld l~nd ~w or fo~ly of ~ S~9o ~ no~h~ly ~n~ ~d ~d ~w ~ 'lo--fly' of ~ N~~ ~en~ ~17 ~on~ ~d land er]y line of ~ P~ua~ .~ad, "Lawrence L~'2 ~n~ ~th- erly ~on~ ~id w~r~ l~e of ~id "~wrence ~ne" ~'~ 1~ ~t ~ ~ly .l~e of~ Ke~ ~u~v~;' thence ~y ~n~ s~ ~17 line W. ~ fe~ ~ ~ ~rly l~e of the ~n. ~d ~t the ~int or p~ ~ b~.. - · 3. By' ~~ f~. ,'A'~i- ~' ~d.~ ~c~ 49 minutes 40 seconds East 1.5 feet ,more ,or less, to a monument said southwesterly line of Ken-' l~y's Road; ~he~ce along said southwesterly line, south 42 de-~ grees 10 minutes 20 seconds East 147.43 fee~ to. the point of .be- ginning. · Any person desiring to be heard an the proposed amendments ~hould appear at the t~me and ,~lace above specified. BY ORDE~ OF THE SOUTHOLD 'l"~OYv~ BOARD .,AT.RERT W~ RIC~OND, 1.tJy28 TO WN CLERK. Clks. No. 5:'-5826400 Commission Expires 3larch 30, 1962 ,Leeton, .thence westw~;rdly along[[, the mean high water lithe of Lake Leeton, as it winds and. (~u-c~c.~. being duly Sworn, tums, to'tlae point or place of .............................................. ' begi.nnin~. Printer and Publisher of the SUFFOLK I~ARCEL- TWO: Beginning a.t a point on the southwe~tenly llne,ublished at Greenpo~t, in said county; of Kenny's Road, 2,/5.0 feet northwesterly ,along said south-' which the annexed is a printed copy, westerly line from, ~ound View Avenue, said point of beginning the said Suffolk Times once in each being the northerly ,corner of L'~_c~ week~ land he~e,to.~ore conveyed by the ........................................................................... party of th, e first part to D'An-', ...... '-"='~ ~ //~ ~_~ ~ .~ ....~~~ toni.o; f~om said point of ,begin-F on the -follow~i .- nil~,~ running along said land .of'. ................... · ' ' .~D'Antonio South 4? degrees 49, ~-~ ~--_... I. '.~ ~ Artcfle ~ Sec: . .minutes 40 seconds West 5 feet, .':. C~.....~..%...~.-~... ~..%..~~___.~_~__.~ tion 3/10, 'by adding thereto a ..-~nqre ar less, ~o the .shore of ........ :":: ...... ~ .... '_" ................... 2' ....................... ,new pa, r'a~a~, tO'be ~h ' Great l~,ond; thence along said. ~ ~~' // / .... 6B~_ rio read aa /k~llows:, , shore northerl.y and then ,easter-i ............... ~B -- Oem~. ~nS'tae nec-' ly and then nort;heastec'ly about~ ......... 19~. ':'.'.:~ · ~.r~lnclci~ s~~when 3,/5 feet to .other land of the ~ppro-ved ~s-a ~m~lnl".'ez~-~pt, k~ party of the first part; thence~ --j~?'::- ...... ~ .......... Z...2 ........... ::..~.;.~..-l,4,/z-~ by the Board ~'AplJeaI~ as heee- ~on,g said 1,and of the party ~f,/ · lnafter proVided', t e fi?st part, North 4,/ degrees- '"170YKllY'FffB[[~;.,g£~.~i-yb.r~x ............. NO~lCE OF TO AME~ ON F~OPOSAL ORD~E Pursuant to Sect.ion 265 o£ the Town Law and Article IX of the Building Zone Ordinan~e of the Town of $outhold, Suffolk County, New York, public hear. trigs 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 8th day of August, 1961, at 7s30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ord/n~ce Suffolk County, New York. of the Town of Southold, 1. By amending the 8outhold Town ~tlding Zone Ordinance as follows By amending Article II!, Section 300, by adding thereto a new paraqra~, to be ~a=aqraph 6B, to read as follows 6B--Cemeteries and the necessary inci.dental structures when approved as a special exception by the Board of Appeals as hereinafter provided. 0 by changing from "A# Resident-ia1 and Agricultural District to "B" Business District the following described property~ All that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more l~articula, rly boun~ed and described as follows Beginning at a poLnt formed by the ~nter- Page 2 - Legal Notlce, Notice of hearing section of the northerly line of Kerwtn Boulevard and the easterly line of the Main (State) Road~ runn/ng thence N. 30 ~24~ 20"E. along said easterly llne of Main Road 50 feet to land. now or formerly of Ma~, thence easterly along said land now or forn~rly of Mann S. 59° 35 ' 40"E. 125 feet to a point; thence northerly along s&id land now or formerly of Mann N. 30*24~20"E. 25 feet to a po~nt~ thence easterly along said land now or formerly of Mann $. 59°35.40#E. 62.50 feet to & potnt~ thence northerly along said land now or formerly of Mann N. 30*24~20#E. 75.00 feet to a point~ thence ealterly along said land now or formerly of Mann S. 59 35 '40~E. 62.50 feet to the westerly line of a private road, "Lawrence Lane" ~ thence southerly along s&id westerly line of said ".Lawrence Lane" $. 30° 24' 20"W. 150 feet to northerly l~ne of Kerwtn Boulevard! thence westerly along said northerly line of Kerwtn Boulevar~ N. 59°35~40"W. 250 f'eet to the easterly line of the Ma. In Road at the point or.' place c~ beginning. 3. By changing from "A" Restdent~&l and Agricultural District to "M"Multiple Residence District the foil.owing described property= All~ that certa in tract or parcel o f land s~tuated at Southold, in the Town of $outhold, Suffolk County, New York, and more partial&fly boundesl and described as follows, . PARCEL ONE= Beginn~ng at a concrete mon~ent marking the corner formed by the ~nter~e~t~on of the southerly side of Lake Dr~ve with the easterly Page 3 - Legal Notice, Notice of Hearing side of Lake Court~ thence running northeastwardly along said southerly side of Lake Drive 1,261.99 feet to the point where the westerly side of the premlses hereby described intersects same~ thence running South 44 degrees 24 minutes, 30 seconds Sast 171 feet, more or less, to the mean h~gh water line of Lake Leeton, formerly known as Great Pond, at the point or place of beginning of the premises hereby descr'Lbed~ Begir~ning at sa~d last-mentioned point of beginning, thence running North 44 degrees 24 minutes~ 30 seconds West 171 feet, mo~e or less, to the southerly side of Lake Drive~ thence running eastwardly along said southerly s~de of Lake Dr~ve 332.91 feet -to a concrete monumentr thence on an arc bearing right a distance of 49.57 feet to a concrete monumen~ set in the westerly side of Kenny*s Road marking the intersection of the west- erly s i.de of Kenny* s Road, and the southerly side of Lake Dr ive~ thence running southwardly along the westerly' side of Kenny' s Road a distance of 101.57 feet to a concrete monument~ thence South 49 degrees~ 07 minutes West 35.38 feet, more-or less, to the mean high water line of Lake Leeton! thence west- wardly along the mean high water line of Lake Leeton, as it w~nds and turns, to the point or place of beginning. PARCEL t~Os Beginning at a point on the southwesterly line of Kenny*$ Road,. 275.0 feet northwesterly along said southwesterly line from Sound View Avenue, said point of beginning being Page 4 - Legal Notice, Notice of Hear the northerly corner of land heretofore conveyed by the party of the first part to D~An.to.n.~o~ from said point of beginning running along said land of D ' Antonio South 47 degrees 49 minutes '40 seconds West 5 feet, moreor less, to .the shore of Great Pond~ thence along said shore northerly and then easterly and then north- easterly about 175 feet to other land of the party of the f.trst part~ thence along sa~d land of the party of the first part, North 47 degrees 49 minutes 40 seconds East 15 feet, more or less~ to a monument on said southwesterly line of Kenny~e R°ad~ thence along said southwesterly line, South 42 degrees 10 minutes 20 seconds East 147.43 feet to the point of beginning. Any perscn desiring to be heard on the proposed amendments should appear at the time and place above specified. D~TED~ July 19, 1961, By Order of the $outhold Town Board~.~-''. Albert W. Richmond, Town Clerk. PLEASE Ft~LISH Olde, AFFIDAVITS OF PUBLXCATI~ON ROAD, SOUTHOLD, NEW YO~tK. JULY 28, 1961, ~IATELY TO AND F OR~~~D SIX THE ~ CLERK, (6) Copies mailed to the following on July 21, 1961= The Suffolk Times The Long Island Traveler-Mattituck Watchman Sou~l~old Dev~lol~~nt Corporation Gu:~o C~ac:~a COMMISSION SETH A. HUBBARD~Chalrman LEWIS H. POMPER--Vice Chairman Suffolk County Department of Planning H. LEE DENNISON County Executive LEE E. KOPPELMAN Planning Consultant VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L. I., N. Y. ANdrew 5-0700 June Z7, 1961 Southold Town Planning Board Town Clerk's Office Southold, N.Y. Attention: Mr. John Wickham, Chairman Re: amendment to the Zoning Ordinance Article III Section 300, paragraph 6B. Dear Mr. Wickham: We are in receipt of your letter requesting that we take under advisement the amendments that are proposed by the Town of Southold regarding cemeteries. Before we can issue a report on this zoning matter it will be necessary for us to review the entire zoning ordinance. Inasmuch as our copy of your zoning ordinance was received May Z8, 1958 we do not feel that we wish to use this copy as the basis for our report, as it may have been amended since. Therefore, would you please send us the latest copy of the Building Zone Ordinance so that we may proceed without undue delay. Very tr. uly yours, Charles G. Lind Sr. Asst. Civil Engineer CGL,/rp Southold Town Planning Board SDUTHOLD, L. I., N.Y. PLANNING BOARD MEMBERS John ~//ickhem, Cheirman Henry Moisa Alfred Grebe Archibald Young '~il lic~ m U nkclb,~ch Report to: Southold Town Board Southold, New York June 26, 1961 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on June 20, 1961: In the matter of the proposed amendment to the Southold Town Building Zone Ordinance placing cemeteries in the "A" Residential and Agricultural District when authorized as a special exception by the Board of Appeals, it was RESOLVED that the Planning Board recommend to the Town Board this proposed amendment to Article III, Section 300 of the Southold T own Building Zone Ordinance: "6B - Cemeteries and the necessary incidental structures when authorized as a spe'cial exception by the Board of Appeals as hereinafter provided." The Board is sure that it was the original intention of the authors of the proposed Ordinance that cemeteries should be in the "A" Residential and Agricultural District. Further, all work sheets and the Zoning Map bears this out. It is believed this was an over- sight in the printing or proof reading of the Ordinance. Respectfully submitted, John Wickham, Chairman Southold Town Planning Board /jb COMMISSION SETH A. HUBBARD~halrman LEWIS H. POMPER--Vice Chairman Suffolk County Department of Planning H. LEE DENNISON County Executive LEE E. KOPPELMAN Planning Consultant VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L. I., N. Y. July 2~, 1961 ANdrew 5-0700 Mr. Jonn Wickham, Chaizanan Southold Town Planning Board Town Clerk's Office Soutnold, New York Re: Amendment to the Zoning Ordinances m Article III, Section 300, Paragraph 66 Dear Mr. Wickham: As per your request of June 27, 1961, this department has been studying the above mentioned amendment to the zoning ordinance of your town. It is the ~eeliug of this department that this amendment will be satisfactory and conform to good planning and zoning practice. However, before you proceed, the following two points should be considered. One, crematories should not be permitted as a necessary incidental structure or use under the provisions of this amendment. Then there is a certain question of legality. As customary, this office maintains a close liaison with the county attorney's office. As a result of our discussion with them about this amendment, it was brought out that t~is amendment would be applicable to existing cemeteries within the "A" Residential and Agricul- tural zone. However, there is a question of legality in applying this amendment to new or proposed cemeteries. Therefore, I am listing some cases which the county attorney's office suggested that you use as references when you consider this phase of the amendment. Town of Babylon v. We±lwood Cemetery Associ- ation, N.Y.L.J., November 25, 1935, held the Board of Supervisors of Suffolk County have exclusive authority to determine whether and at what places cemeteries can be established. Mr. John Wickham. (2) Jul~ 21%, 19bl Real Property Law - Section Holy Sepulchre Cemetery against Town of Greece, 191 Misc 241, 79 N.Y. Supp. 2nd 683. 0pinion of State Controller 1958. Opinion 58 - llS0 page ~77. If we can assist you any further on this matter please do not hesitate to call upon this office. C GL/fl Yours very truly, ,-' Charles G. Lind Sr. Asst. Civil Engineer June 22, 1961 County of Planning ~iSsion Veterans ~o~al H~ghway Hau~pauge ~?.~ew York . .. The ~il!wn of ~tate h~g~ys, and : , . Southold is contemp~%tng the foll~ing Zoning Ord/nance. SLiice we have cemeteries of the boun~a~ of a v~lage, county and we therefore request l~ur recommendation By ~dLng Article III, ~there~n a '~,,~.~ paragraph to be £ollows,. ~..~ str~uz~s when Seetion~...~O0 by paragr~ 6B to inserting read as and the necessa~F incidental authorized as a ;:~,~e ¢iai ex- Board of Appeals.~.s hereinafter At ~!, p~sent time the Build~ng!;~ne Or~Lnance makes no provis~ for the use of land for ~me~e~ purposes except Ln.i!~e uC" Industrial D~stric ~.~-,~ ~ Tl~ Town Board believes ~t cemeteries should be a .~ ~rm~tted use ~n the "A" Rest~~.~ial and Agr/=ultu~al DLs~~~ as well as the other use '.:.~stricts as a specLal exce~lon by the Board of A~peal~ /Jb John Southo1~ Town ChaLrman Planning Board E]FFI K ALBERT W, RICHMOND TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE SOIiTHDLD S-3 ?t=l 3 SDUTHOLD, L. I., N. Y. June 8, 19~1. Mr. John Wickham Chairman Planning Board Cutc~ogue, N.Y. Dear Enclose~ herewith ii a copy of a resolution ~assed by the Southold Town ~oard at a ~eeting held on the 6th of June, 1961. You are instructed to prepare an official report thereon pursuant to the provisions of Article IX of the Building Zone O~dinance of the Town of Southold. Very truly Y0~s, Albert W. R[chmon~ Town Clerk At a meeting of the Town Board of the Town of Southold held at the Supervisor~s Office, 16 South Street, Greenp.ort, New York, on the 6th day of June, 1961. WHEREAS, it has been brought to the attention of the Town Board that the Building Zone Ordinance of the Town of Southold makes no provision for the use. of land for cemetery purposes except in the "C" Industrial District~ and WHEREAS this Board believes that cemeteries should be~%erm, ttted use in the "A" Residential and Agricultural District as well as the other use districts as a spec.rial exception by the Board of Appeals. NOW,.. THEREFORE,.~ BE IT RESOLVED that the Building Zone Ordinance of the Town of Southold be amended as foll. ows- Io By amending Article III, Section 300 of said ordinance by inserting therein a new paragraph to be paragraph 6B to read as follows: 6B - Cemeteries and the necessary incidental when authorized as a special exception by the Appeals as hereinafter provided." structures Board of BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized and directed to transmit a copy of this resolution to the Southold Town Planning Board together with a written request instructing said Planning Board to prepare an official report concerning the same pursuant to Section 901 of the Building Zone Ordinance of the Town of Southold. ALBERT W. I~I~:hMrlND T~WN CLERK REI31STRAR E}F VITAL STATISTICS r-I FFI _ERK TELEPHONE BBUTHflLD, L. I., N. Y. STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: ALBERT W. RICHMf~D, being duly sworn, deposes and says that he resides at Southold, in the Town of Southold, County of Suffolk, State of New York; that he is the TOWn Clerk of the Town of Southold; that on the 13th day of Sept. 19 61 , he posted a copy of the NOTICE OF AMENDMENT OF Z~NING NO. 45 , together with the official Zoning Map showing same, on the signboard maintained by him pursuant to town law in the Southold Town Clerk's Office at Southold, New York; that such posting by him was done pursuant to the provisions of the Town LaW and pursuant to the Resolution of the Southold Town Board. A copy of the Amendment is annexed hereto. Subscribed and sworn to before me this 13th day of Sept. , 1961. No'ar y Public JUDITH 7. BOKEN Public, S~ate ,of New 52 ,'~,4agt;3, Suffo!~, s: , F,, , ~ March LE~L N_.OT!.CE ' NOTICE OF OF ZONING AMENDMENT ORD~E AMENDMENT NO. 45 NOTICE IS HE.BY GIVEN, that after & public hearing held pursuant to the requirements of law, the Building Zone Ordinance (including the Building Zone Map) of the Town of Southold, Suffolk County, New York, was duly amended at a regular meeting of the Southold Town Board held on August 16, 1961, as follows~ ~ 1. By amending the S°Uthold Town Building Zone Ordinance as follows ~ I. By amending Article III, Section 300, by adding thereto a new paragraph, to be Pa=aqraph 6B, to read as follows 6B--Cemeteries and the necessary structures when approved as a special by the Board of Appeals as hereinafter By changing from "A" Residential District to "B" Business District the property~ Ail that certain tract or incidental exception provided. and Agricultural following parcel of land situated at Greenport, in the Town Suffolk County, New York, and more bounded and described aa follows, of Southold0 particularly Beg~nning at a point fomed by the section of the northerly line of Kerwin and the easterly line of the Ma~n running thence N. 30° 24 ' 20"E. along line of Ma in Road 50 feet to of Mann, thence easterly along ~nter- Boulevard (State) Road, said easterly land now or formerly' sa~d land now or Page 2 - Legal Notice formerly of Mann $.59 °35'40 "E. 125 feet to a po~nt~ thence northerly along sa~d land now or formerly of Mann N. 30o24'20"E. 25 feet to a point~ thence easterly along said land now or formerly of Mann $.59° 35'40"E. 62.50 feet to a point ! thence northerly along s&ld land now or formerly of Mann N. 30°24'20'''E. 75.00 feet to a point~ thence easterly along said land now or formerly of Mann $.59°35'40''E. 62.50 feet to the westerly line of a private road, "Lawrence Lane"! thence southerly along sa~d sa id "Lawrence Lane" $. 30 o 24 ' 20"W. westerly l~ne of 150 feet to northerly line of Kerwin Boulevard! thence westerly along said northerly line of Kerwin Boulevard N.59° 35- '40"W. 250 feet to the easterly line of the Main Road at the point or place of beginning. DATED~ August 16, 1961. BY ORDER OF THE $OUTHOLD TOWN BOARD ALBERT W. TOWN RICHMOND CLERK. PLEASE PUBLISH ONCE. AUGUST 250 1961, AND FORWARD' FIVE (5) AFFIDAVITS OF PUBLIcATIoN TO THE TOWN CLERK, MAIN ROAD, SOUTHoLD, ALBERT W, RIBHN'I~ND I-I FFI SDUTHDLD, L. I., N. Y. June 28, 1961. Mr. John Wickham Chairman Planning Board Cutchogue, New York Dear Mr. Wickham; The original petition of Guido Clacia of GreenpDrt, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated in Arshamomoque (Greenport) in the Town of Southold, 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. AWR/mr Albert W. Richmond Town Clerk CASF. NO: ..... ~. ~.( ........... STATE OF NEW YORK TOWN OF SOUTHOLD IN TIlE MATTER OF TIlE PETITION OF Guido Clacks PETITION FOR A CIIANGE, MODIFICATION OR AMENDMENT OF TIlE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTIIOLD, SUFFOLK COUNTY, NEW YORK. TO TIlE TOWN BOARD OF THE TOWN OF SOUTIIOLD: 1. I, ..u.'.~A.c!..q....C..~.a..'.~i~..a. ..................................... residing at .Ar.ah¢~mo~c.,;~>.:e.~....r3?:.~-:;q;.L~.c~`t (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ~Z.~:'?.].ff.!:~-..qY!.~?'~!?:5.~....'.S.?..?....~?.J.]?3J.'~'... and more particularly bounded and described as follows: .,, .. ~' .tt~ piece or parcel o:' !~n~, sit~ 2t~ l.q.r.;; ~r,~ b~,~.~ at, .:~sh~o~oq~'~e~ (()r~:~,~rot't:) ii-, th,.'-. ~'f~.~,,', of ,':~o~::.hc]d~ .:, ~[ cf cuffc,~]c~ - ].u~:' ' ~'C~' -' ~..~t.. O~~ ':~' ZL-n:: c.f _*r".L~'~ :oua,:,z~.~. a',,- tho ~a. stc~]~ Zffn~: or tls-. lisin (st:st~) rosd~ ?uz]::.L~,j th~'ne~ :...~0 - 2~-E;O"~ r~.~c, nr sc, it' ~atr.:~?S:,- E)_~r o,( .... :cSt ~c, a6 ~0 %o ~,sC. nos.; or .~ ~o_V of ifann~ g?kence ¢.~;~,C~r].y a. Jcr,.,:4 ~:~,~ }ar~? '-:,:.',~ o~. for c,~' ,.sr~t' S-7'?-~7~-~+,9" ~'. Z~S~f~eZ Zc, a o'n~. S'~,~'~c.e nc, rt~'"~"' tic ? s.a:~ ro ,_,z ~, ~ .~ ? ' 0 .... ~ ~ ?-3~ -2~t'-20'' S a ?c':i~at;,~h':'r, cc- ~st, r:r''y '~' ,~'~' s::_.:: .~ no- Or ~t~":~' .y of ;~e~ G -~'-3~'-~:-0" r. e, 2.%'?' 2.~"t tca : C'] :.~.~l~: ~('.~ O~ k'(','~'~ ~ C'~' ~';fi'l~ ~ .-~(, --~ r · ~'.'30~',~,::.t t.o ~ ~c.~t~ ~h~:,nce er,.s.~ ~JF,, a]on~ s~:~ Jma,-~ no:. or Lc~'-,-riiv oZ' tl~;.,i~" ~,F~,:, ~':n~ll~ ~l~ ~F'.e FO~.i~.~i~: _ ~r VI'- ::' . --~;'-"]- I-l~r- of ~'."~V~ '-e~I. ev-~''~ ]i,-J'?'-~ff~-''O"-:,/. Wr~F ii' ?~ '~ :~,C''r'," ~L~v': .... .7 - .... ..... : :4,1 l't ;.;O,'.C ~ i, ~,~: i~']_ae~' ~' (:.' ~% o~ be.C~ , Z ~g. 2. I do hereby petition the Town Board of the Town of Soutbold 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 ~hereof, as follows: t:¥- a]:c..v-' -~sc..r_~b,nr[ ?,z'~:.-!ii~'~ frc,~ ".~" r,::gi~: %i5~! g~:, distr~ct to "~," h¥~'i~"~s~ 6ist:r'~ct. Such request is made for the following reasons: I h;?v~ e :,r';~. e t "d ": bo.:-:t hu2 ..... z 1: .... Nor, Oq thc' FP" -'ti :: ,:: ~ fop --'.';-rt,~ ~i:a's ~r.;- 5'!'0, ~..r-{-.~ i:7 Ylo~,~ o nor-~co;qi'oP'-'~Ytg Use 5", 9 ,,~ ~:.h ~'o' ~' .... ~," (,3' ,iN c,, ;l,::V?,P4 ~ .... L,~C' 8 1~r; ~" 1'81 I ';.;'{.1 . .' "~ i ~" ~'S c:i' i':~ ; ~ ~ '-' ' ' ~ ' q } r'~ -C' ~ '~" ¢'~' :1 %":'7'11I'~ i.4 - '" .... (~. s .... STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) .. ~.~.f..~.~': ..~.~.S..<;4~:: .................................... 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 ,:.l..~.'... ~day of .............. ..~r.~?~..~..:. ...... 19.q:.{.... Notary Public. JUDITH T. BOKEN Notary Pubhc. State of New York No 52.0344963, Suflolk Lr, unty .. 6omm,~aion Exprres March 30, lg iNA 0 P_SO -tS .0 -3 0 ? MAP 01=' LAI'-ID Gui DO ~T C. IAC~A