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HomeMy WebLinkAboutBesch, Carl&Ethel Amend #62 WHEREAS, a petition was heretofore filed with the Town Board of the Tawn of Southold by ....... ~l~.~...~....J~.....l~.......~....~...~.. ~ ~..~. Ii .............. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from .~..A~....AJ~....J...~t, II~'II~. District to ..?.~ ..~....~..~l~lllll & ~mm~lm~t%m~. .................... · ......................... District the property described in said petition, and WHEREAS said petition was duly referred to the P'lonning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, a.nd thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... .~..~....t~........day of ........ ~'..I~...~ ....................... , 19.....J~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is IIjlJ~. By Grd~. of ~ iou~chold Town Board Datodt August: 36, ].964 Iffe4:rt:Lve am of 4th dl~, ~ lel)teabo:, Tavn ~erk SOUTHE]/D~ k. I,~ N, Y. II, ~I 64 i LEGAL NOTICE NOTICE OF ~AMENDMENT , ~' OF ZON!N~ G ORDINANCE AM~~~ NO. 62 , after a public hearing held pursuant to · the. requirements of law,~ the Building i Zone Ordinance (inclu~ng the Build' lng Zone Map) of the Town of South- old, Suffolk County, New York, was , duly amended at a regular meeting of t the Southold Tow~ Board held .on I August-11, 1964, as follows' '-- 1. By changing from "A" Residential and Agricultural District~ to "B" Busi- ~ness District the Tollowing described ~ property' All tha~ certah~ tract or parcel of land situated at Mattituck, in the tTov~ of ~uthold, Suffolk County, New York, and more particular!y bounded and describe~ as follows: Beginning at~ a point on the northerly line o! the 'Main Pa3ad (New, York 25) at the intersection of said northerly line with the east- erly line of a 33 foot private-road leading northerly to Laurel Lake; said point .of begi~ng .being the southwesterly corner, of land now or formerly of Mat~o~;~ from said point of begin~ug-running north-. erly along sakt easterly llne of said priwte road 159. feet, more or less, to land of the Long Island Rail- road: thence easterly along said la~d of the' Long. Island Railroad, 1400 feet, more or less to the ex- tension northerly of the ~esterly boundary of land of Bloom; thence sou~therly alongsaid extension, being along l~d 0f~!~Price, 58 feet, more or le~, to the northwesterly cor~er o~ land of Blo6m' thence southerly alpng said land of Bloom 235 feet, m~re or less, 'to the northerly boundary ~! the existing "B" Business ~trlet~ .... thence west~ erly along said eml~ ,B" Busi- ._~ncss D~str~c~ and 'parallel to said northerly line of the Main Road (Nev~ York 25) 440 feet, more er lesS, to land of Kersnowski; thence southerly along Said land of~'Ker- snowski 200 feet, more or less, to said notherly line of the Main Road (New York Route-~§); thence west- erly alon~g sa~'d northerly line, feet, more or-~less, to the point ..of beginning. Containing 9~ acres, more or less. DATED' AUGUST 11, 1964 BY ORDER Oi~ T~HE SOUTHOLD ~ TOWN BOARD ALBERT W. RICHMOND, TOV~rN CLERK. ' i iii i ii COUNTY OF SUFFOLK f ss' STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ~~..-~__.~~ Ci ./...Z~eek~ successively, commencing on the ........... ~..~. .................. Sworn to before me this .... ~...~.. ........ day of ..... ~,~,:~. ..... , 19..~..:~ ....... ..... .......... Notary Public 7 ADELE Notary Public, State of NeW Yol~J Residing in Suffolk County No. 52.304~000 Commission Expires Ma~h 30~ 1-9,~~''' NOTICE O~ OF ZONING AMENDMENT ORDINANCE A24ENDMENT NO. 62 NOTICE Pursuant to the (including the Suffolk County~ meeting of the as follows: t-IEREBY GIVEN, requirements Building that after a New York, of l~w, the $outhold Zone Map) hearing held Building Zone Ord of the Town of Southold, was duly amended Town Board held on at a regular August 11, 1964, 1. By District to property: changing from Bus/ness Residential and Agricultural District the following described All s ituated Suffolk bounded that certain tract or parcel of land at Mattituck, in the Town County, New York, and more and described as follows: of $outhold~ particularly Beginning at of the Main Road of said northerly a 33 foot private Laurel Lake~ said the southwesterly Matson; from said northerly along private ~d 152 a point (New York on the northerly line 25) at the line with the road leading- point of intersection easterly northerly beginning corner of land now point of said beginning easterly feet, more of the Long Island along siad land of 1400 feet, more or line of Railroad; to of the being the Long or formerly running line of said or less, to land thence easterly island Railroad, less to Uhe wes terly boundary southerly along said lan d extension~ more 58 feet, of Price. extension northerly ,or le~s. of Bloom; thence being along land of to the northw~.~~~.~ corner of land of Bloom~ thence southerly along said land of Bloom 235 fee t, more or less, to the northerly boundary of the existing "B" Business District; thence westerly along said existing "B" Business line of District and parallel the Ma in Road (New York to sa~d northerly 25) 440 feet~ more or less ~ to land of Kezsnowski; thence along sa id land of Kersnowski southerly to sa id northerly 200 feet, more or less, line of the Ma in Road (New York ~oute 25); thence westerly along said northerly line, 912 feet, more or less, to the point of beginning. Containing 9 .~ acres, more or less. DATED: AUGUST 11, 1964 PLEAS E PL~BL I SH ONCE , .%FFIDAVITS OF PUBLICATION ROAD, SOUTHOLD, NEW YORK. BY ORDER ~F THE TOWN BOARD SOUTHOLD ALBERT W. RICHMOND TOWN CLERK AUGUST 20, 19640 AND FORWARD THREE IMMEDIATELY TO ~HE TO~ C~ERK, MAIN Copies mailed to the The Long Carl Besch Otto Van Tuyl following on August 12, 1964: Traveler-Mattituck Watchman PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD January 28, 1964 P r e s e n t : SUPERVISOR LESTER M. ALBERTSON JUSTICE OF THE PEACE RALPH W. TUTHILL COUNCILMAN LOUIS DEMAREST COUNCILMAN HOWARD VALENTINE TOWN ATTORNEY ROBERT W. TASK]ER TOWN CLERK ALBERT W. RICHMOND CARL AND ETHEL BESCH AND OTHERS Page 1 SUPERVISOR ALBERTSON: It is after 7:30 so I will open this public hearing by reading the legal notice. "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 hearing will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 28th day of January, 1964, at 7:30 o'clock in the evening of said day, on the following proposal to amend the building Zone Ordinance (including the Building Zone Maps), of the Town of Southold, Suffolk County, New York. "1. By changing from '~" Residential and Agricultural District to "B" Business District the following described pr ope r ty: "All that certain tract or parcel of land situated at Mattituck, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning at a point on the northerly line of the Main Road (New York 25) at the intersection of said northerly line with the easterly line of a 33 foot private road leading northerly to Laurel Lake; said point of beginning being the southwesterly corner of land now or formerly of Matson; from said point of beginning running northerly along said easterly line of said private road 152 feet, more or less, to land of Page 3 annexed is a printed copy, has been published in the said Suffolk Times once in each week, for one week successively commenc- ing on the tenth day of January 1964. /s/ F. Langton Corwin. "Sworn to before me this 10th day of January 1964. /s/ Stanley S. Cor~in, Notary Public." SUPERVISOR ALBERTSON: I will read the first report of the Planning Board way back on August 21, 1963: "Report to: Southold Town Board, 16 South Street, Greenport, New York, August 21, 1963. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Bard at their meeting held August 14, 1963: "In the matter of the petition of Carl Henry Besch and Ethel R. Besch, his wife, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at Mattituck, New York, and more particularly bounded and described as follows: SUPERVISOR ALBERTSON: I will not read the description as it pertains only to the property of Besch. Continuing with the recommendation --- ''RESOLVED that the Planning Board recommends favorably to the Town Board the property of Carl Henry Besch and Ethel R. Besch, his wife, to be changed from "A" Residential and Agricultural District to "B" Business District. "It is further RESOLVED that the Planning Board recommends that the Town Board on its own motion zone "B" Business the Page 2 the Long Island Railroad; thence easterly along said land of the Long Island Railroad, 1400 feet, more or less, to the extension northerly of the westerly boundary of land of Bloom; thence southerly along said extension, being along land of Price, 58 feet, more or less, to the northwesterly corner of land of Bloom; thence southerly along said land of Bloom 235 feet, more or less, to the northerly boundary of the existing "B" Business District; thence westerly along said existing "B" Business District and parallel to said northerly line of the Main Road (New York 25) 440 feet, more or less, to land of Kersnowski; thence southerly along aaid land of Kersnowski 200 feet, more or less, to said northerly line of the Main Road (New York Route 25); thence westerly along said northerly line, 912 feet, more or less, to the point of beginning. Containing 9-1/4 acres, more or less. "Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. "DATED: January 2, 1~64. BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICHMOND, TOWN CLERK." SUPERVISOR ALBERTSON: I have the following affidavit from the publisher. "STATE OF NEW YORK ) COUNTY OF SUFFOLK)ss: "F. Langton Corwin being duly ~worn 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 Page 4 property on the north side of Main Road from the westerly side of property of C. A. Price & Co., Inc., presently zoned "B" Business, to the westerly side of the property of William Maston, adjoining a private right-of-way. This property should be zoned the full depth to the property of the Long Island Railroad Company. "In view of the fact Henry Kersnowski has requested that he be included in this change of zone, and he presently operates a non-conforming farm stand on his property, it is the opinion of the Planning Board this entire area should be zoned "B" Business. This area on the northerly side of Main Road, Laurel, is fast becoming a commercial area and should be zoned correctly for that use. "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning bard." SUPERVISOR ALBERTSON: And then the Town Board proposed the change including additional land on their own motion and the Planning Board made the following recommendation: "Report to: Southold Town Board, Greenport, New York, December 13, 1963: "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning B)ard on December 10, 1963: "In the matter of the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Carl Henry Besch and Ethel R. Besch and all of the premises surrounding the land of Besch between the Main Road on Page 5 South and the Lcng Island Railroad right-of-way on the North from the westerly line of land of Maston easterly to land of Bloom as proposed to be changed by the Town Board on its own motion as set forth in resolution of the Southold Town Board dated October 22, 1963, it is hereby "RESOLVED that the Planning bard recommends that the Town Board favorably change this property from "A" Residential and Agricultural District to'~" Business District. This property is situated at Mattituck, New York and generally bounded and described as follows:" SUPERVISOR ALBERTSON: This is the new description which I read at the opening of this hearing from the legal notice. The remainder of the recommendation reads as follows: "In the original recommendation of the Planning bard to the Town Board on August 21, 1963, the Planning Board mtated: "This area on the northerly side of Main Road, Laurel, is fast becoming a commercial area and should be zoned correctly for that use." "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: At this time, is there anyone present who wishes to speak in favor of this change of zone from "A" Residential and Agricultural to "B" Business? MR. MILLARD A., NORTHRIDGE: I am in favor of it. But that is all on the north side of the road. I have a piece of property on the south side and it has been a store long before zoning Page 6 went into effect. I had a paint store, a bake shop, a restaurant, and now it is residential. I have had opportunities to sell but since it can be used only for real estate I have not been able to sell it. SUPERVISOR ALBERTSON: You must remember that the change of zone we are discussing right now is the change on the north we side of the road. After the hearing/will discuss your property if you would like. However, you are in favor of this change of zone from "A" Residential and Agricultural District to Business District? MR. NORTHRIDGE: Yes, I am. SUPERVISOR ALBERTSON: Is there anyone else present who wishes to speak in favor of this application for a change of zone? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition? MR. HENRY KERSNOWSKI: It is the type of business that is being put in there, that wants to be established there. It is not good for the rest of the business there in that area because it contradicts in each way. Mr. Besch has horses in there. It has not been kept in sanitary conditions up to now. I have a road side stand with fresh fruit and vegetables and in the summertime I am loaded with flies. If he continues to have horses there I am automatically closed. I had fans all around inside the stand last year and I sprayed all the time. But Page 7 about one hour after I sprayed,the place would be black with flies again. There was no possible way I could keep them out. Zoning for business is okay if one business can get along with another. SUPERVISOR ALBERTSON: As far as business is concerned you have no objection, but you have an objection as to the type of business? MR. KERSNOWSKI: If it is zoned business then he is allowed to have horses in there because stables are allowed in that district. Therefore I am opposed to it being business. SUPERVISOR ALBERTSON: On the basis of the business that is there now, right? MR. KERSNOWSKI: It is not kept in a proper way. The corral came down and the horses run out on the highway. He used old rotten posts to build the corral. Someday someone is going to try to avoid hitting a horse and have a serious accident and maybe someone will be killed. SUPERVISOR ALBERTSON: We will discuss the way the place is maintained after the hearing is over. At the present we information are trying to obtain/relative to the change of zone itself. SUPERVISOR ALBERTSON: Is there anyone else present who wishes to speak in opposition? MRS. BERTHA MATSON: I can't sleep at night because of the smell from the horses. We also have terrible trouble with flies. They are inside the house and when you go outside they are worse. You can't stay inside and you can't stay outside. Page 8 SUPERVISOR ALBERTSON: Where is your hou~ in relation to this property? MRS. MATSON: I am right along side. I am to the west. SUPERVISOR ALBERTSON: Mrs. Matson, then you are opposed to this kind of business there? MRS. MATSON: Yes. SUPERVISOR ALBERTSON: Would you be opposed to another type of business there? MRS. MATSON: No. My friend wanted a barber shop there and he was told by the Zoning that he was not allowed. Then Besch can come along and put horses in there. MR. TASKER: Do you want your property zoned business? MRS. MATSON: I don't have a business. SUPERVISOR ALBERTSON: Is there anyone else who wishesto say anything one way or another? (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will now close the hearing at this time for the further deliberation of the Town Board. AMEND ZOerlN. O' ORDIN'~NCE Pursuant 'to Section 265 of the~ Town LaW and Article IX of the' Bailding Zone Ordinance of the Town of Southold, Suffolk Oounty, New York; public ~s will be held by the Southold Town Board at the office of ,the Supervizor, 16 .South Street,":~rt, New York in said town on the 28th day of Jd~n~y, 1964, st 7:3{) o'clock ,in ,the eventr&g of ~aid day, on the :followh~g proposals to .amend ~t~e Building ~zone Ordinance (includ- in~ .the Building Zone Ma~) of .the Town of Southold, Suffolk Coun- ty, New York.' - 1. By changing ~om "A" Resi- . d~mt~l and Agricultural District to '"B" Bus[ness District the fol- lowing, desc~bed .property' All that certain tract or par- ceI of land situated :at Matti- tuck, in ,the Town of Southold, Suffolk Ommty, New .Yqrk, and, more ~ar~i, cularly bounded and, d~escribed 'as follows Begin .ning ,at .a point .on the northe~rly line of 'the ~/~ain l~oad (iNtew Yor, k 25) at the intersection. of said northerly 1,ine wi~tlh .the :easterly line of .a 33 foot .private road le~ding norbh,erly .to Laurel Lake; said point .of begin~in.g ,being the southw~sterl, y corner of land now .or formerly of M, at- ~on;' from said .point of begin- iai.rig runni.'~g no~herly ~aid easterl~ line ,of said private , rOad 152 feet, ,more or less, to~ land of'the Long ~sland Rail- ~ad; thence easterly ,alor~g said lm~d of the Long ~sl, and Rail- · rOad, 1400 feet, more .or leSS, to the extrusion .northerly · of tJhe westerly ,, boundary ,of land of : BlOOm; t&ence .souhh~ly ~ong ~ ~ald exten~on, ,being along, land of Prl~e, 58 feet, more or le~, to the .north.v~esterly corner of land of Bloom; t~ce. ~o~therly ,a~ong sa~d land of Bloom 2~5 feet, ..more. ,or less, to .$~h.e nOrtt~erly .botm~arY .of ,f~he .ex~sting "B" BuKmSss Dis~ric,t; thence wester- ly along ~aid ex~t~ "B" Busi- rmss Distric~ and paml,let .to said northerly lime of the Main Road .(,New .York 2'5) 440 feet, .more or ~ess, to land .of Keranowski; .t2xence. ~southerly along ~id land of Kers~ow~ki 200 fe~t, :more or less, to said northerly line of the ~ain .Road (New York l~oute 25); th. er~ee ,westerly .alor~g said ~tort~erly line, 91.2..~eet, more ,or less .to the ~tt of beginning. Con~tng 9-,1/4 acres, more or Any ,person desitin, gl to be heardI on .the proposed amendment appear .at .~he time ' and place', above specified. "'DAT~ED: J~nun~ !2, 1964. BY ORDER t TOWN C012~. ltJ10 STATE OF NEW YORK, ] ~ SS' COUNTY OF SUFFOLK, j says that ..... .~..~ .... is Printer and Publisher o.f the SUF~ OLK 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 ............ . .............................................. ~ ...........................week~ succesmvely commencing on the .......... ~~~~ ............................. day of ............................... Swo.rn to before me this ..... /...~....~,.:... ~ day of .......... ~ 19..~.~-i ' ..r.,te of New York NOTARf PU~LI · ~"~ ,~- County Residing i ~ :~,:,~ ~ ...... Clks. N~. 52-5826400 Gomm~sion Expires March 30,196' .LEGAL NOTZCE NOTICE OF HE~~G TO MEND ZON ON PROPOSAL ORDINANCE of Pursuant to Section 265 of the Town Law the Building Zone Ordinance of the Town of County, New York, public hearing will be held Town Board at the Greenport, office of the New York, in said 1964, at 7:30 o'clock in the following (including Su~rvisor, and Article IX S outhold, Suffolk by the Southold 16 South Street, town on the 28th day evening of said day, proposal to amend the BUilding Zone of January, on the Ordinance the Building Zone Maps), of the Town of New York. Suffolk County, Southold, 1. By District pr ope rty- to changing from "A" Residential and Agricultural "B" Business District the following described All situated Suffolk bounded that certain tract or parcel of land at Mattituck, in County, New York, and described as the Town and more follows: of Southold, particularly Beginning at a point of the Ma in Road (New York northerly of said on the northerly 25) at the line with the a 33 foot private road Laurel Lake; said point southwesterly corner of Matson; from said point northerly along private road 152 of the Long Island line along said land of intersection 1400 feet, more or easterly line of lead/rig northerly to of beginning being the land now or formerly of of beginning running said easterly line of said feet~ more or less,. Railroad; thence easterly the Long Is land Railroad, less, to the extension northerly Page 2 - Legal Notiu~ of the westerly boundary of land of Bloom; thence southerly along said extension, being along land of Price, 58 feet, more or less, to the northwesterly corner of land of Bloom; thence southerly along said land of Bloom 235 feet, more or less, the northerly boundary of the existing "B" Business District; thence westerly along said ex is t ing "B" Bus iness Dis trict and parallel to said northerly line of the Main Boad (New York 25) 440 feet, more or less, to land of Kersnowski; thence southerly along said land of Kersnowski 200 feet, more or less, to said northerly line of the Main Road (New York Route 25); thence westerly along said northerly line, 912 feet, more or less, to the point of beginning. Containing 9-1/4 acres, more or less. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. DATED: January 2, 1964. BY ORDER OF TOWN THE SOUTHOLD. BOARD. ALBERT W. TOWN R IC HMOND, CLERK. PLEASE PUBLISH ONCE, JANUARY 10, AFFIDAVITS OF PUBLICATION TO THE TOWN 1964, CLERK, AND FORWARD THREE (3) MAIN ROAD, SOUTHoDD. Copies mailed to the following on The Suffolk Times The Long Island Traveler-Mattit~k Carl & Ethel Besch January 3, Watchman 1964: Southold Town Planning Board SOUTH[:3LD, L. I., N. Y. PLANNINe BOARD MEMBERS John 'Wic~hern. Ch~i~rnen Report to: Southold Town Board Greenport, New York December 13, 1963 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on December 10, 1963: In the matter of the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Carl Henry Besch and Ethel R. Besch and all of the premises surrounding the land of Besch between the Main Road on the South and the Long Island Railroad right-of-way on the North from the westerly line of land of Maston easterly to land of Bloom as proposed to be changed by the Town Board on its own motion as set forth in resolution of the Southold T~n Board dated October 22, 1963, it is hereby RESOLVED that the Planning Board recommends that the Town Board favorably change this property from "A" Residential and Agricultural District to "B" Business District. This property is situated in Mattituck, New York and generally bounded and described as follows: Beginning at a point on the northerly line of the Main Road (New York 25) at the intersection of said northerly line with the easterly line of a 33 foot private road leading northerly to Laurel Lake; said point of beginning being the southwesterly' corner of land now or formerly of Matson; from said point of beginning running northerly along said easterly line of said private road 152 feet, more or less, to land of the Long Island Railroad; thence easterly along said land of the Long Island Railroad, 1400 feet, more or less, to the extension northerly of the westerly boundary of land of Bloom; thence southerly along said extension, being along land of Price, 58 feet, more Page 2 - Report to Southold Town Board or less, to the northwesterly corner of land of Bloom; thence southerly along said land of Bloom 235 feet, more or less, to the northerly boundary of the existing "B" Business District; thence westerly along said existing "B" Business District and parallel to said northerly line of the Main Road (New York 25) 440 feet, more or less, to land of Kersnowski; thence southerly along said land of Kersnowski 200 feet, more or less, to said northerly line of the Main Road (New York Route 25); thence westerly along said northerly line, 912 feet, more or less, to t~point of beginning. Containing 9-1/4 acres, more or less. In the original recommendation of the Planning Board to the Town Board on August 21, 1963, the Planning Board stated: "This area on the northerly side of Main Road, Laurel, is fast becoming a commercial area and should be zoned correctly for that use.,~ Respectfully submitted, John Wickham, Chairman Southold Town Planning Board /jb ALBERT W. ~IOHM[3ND TE3WN E: LEI~ K OFF~ERK SOUTHOLD, L. I., N. Y. October 24, 1963 Mr. John Wick_ham Chairman Planning Board Cutchogue, L.I., N.Y. Dear Mr. Wickham; The resolution of the Southold Town Board relative to proposed change of zone from "A" Residential and Agricultural District to "B, Business District on certain property of Carl Henry Beach and Ethel R. Besch and others situated in Mattituck, N.Y. is in the office of the Planning Board at Southold, N.Y. You are instructed to prepare an official report defining the conditions des- cribed in the petition and determine the area so effected with the recommendation of your Board. awa/mr Very truly y~,. Albert W. Richmond TOwn Clerk Mr. Joha w~e~ham Cugc~aeo L.Z., N.y. De~r ~.. The rmlolut~on of t~e SouthoXd to ~B" ~m~ DXI~I~ ~ e~t&tn ~o~ty ~m sit,tM tn MmttZt~k, N.Y. Xs ~ the Off~ Of ~O Pl~ ~d at ~oXd~ Albert w. To~n ~lewk At a meeting of the Town Board of the Town of Southold held at the Supervisor's Office, 16 South Street, Greenport, in said Town , on the : day of October, 1963. WHEREAS~ Carl Henry Besch and Ethel R. Besch heretofore and on ! or about July 9, 1963, filed a petition with this Board requesting the change !i of zone from "A" Residential and Agricultural District to "B" Business District of certain property at Mattituck, New York, said property being more fully described in said petition, and WHEREAS, the said petition was referred to the Planning Board of the Town of Southold for its recommendation and report, and WHEREAS, said Planning Board by its report dated August 21, 1963, recommended that said premises be changed from "A" Residential and Agricultural District to "B" Business District and further recommended that ali of the premises surrounding the land of Besch between the Main Road on the South and the Long Island Railroad right-of-way on the North from the westerly line of land of Matson easterly to land of Bloom also be rezoned to "B" Business District, and WHEREAS, this Board has carefully considered the aforesaid petition and the report of the Planning Board and believes that it would be in the public interest that ail of the land hereinafter described be changed from "A" Agricultural and Residential District to "B" Business District, NOW, THEREFORE, BE IT RESOLVED that the Town Board on its own motion change from "A" Agricultural and Residential District to "B" Business District the following described property, to wit:- ALL that certain tract or parcel of land situate, lying and being at Mattituck, in the Town of SouthoId, Suffolk County, New York, generally bounded and described as follows: BEGINNING at a point on the northerly line of the Main Road (New York 25) at the intersection of said northerly line with the easterly line of a 33 foot private road leading northerly to Laurel Lal~e; said point of beginning being the southwesterly corner of land now or formerly of Matson; from said point of beginning running northerly aIong said easterly line o£ said private road 152 feet, more or less, to land of the Long Island Railroad; thence easterly along said land of the Long Island Railroad, 1400 feet, more or less, to the extension northerly o£the westerly boundary of land of Bloom; thence southerly along said extension, being aIong Iand of Price, 58 feet, more or less, to the northwesterly corner of land of BLoom; thence southerly atong said land of Bloom 235 feet, more or less, to the northerly boundary of the existing "B" Business District; thence westerly along said existing "B" Business District and parallel to said northerly line of the Main Road (New York 25) 440 feet, more or less, to land of Kersnowski; thence southerly along said land of Kersnowski 200 feet, more or less, to said northerly line of the Main Road (New York Route 25); thence westerly along said northerly line, 912 feet, more or less, to the point of beginning. Containing 9-1/4 acres, more of less. 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 and that said Town Clerk request in writing that said Planning Board prepare an official report together with its recommendations on said proposed change of zone pursuant to Article IX of the SouthoId Town Building Zone Ordinance. -2- Southold Town Planmng Board SDUTHE)LD, L. I., N.Y. Alfred Grebe Archibald Young Report to: Southold T~n Board 16 South Street Greenport, New York August 21, 1963 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their meeting held August 14, 1963: In the matter of the petition of Carl Henry Besch and Ethel R. Besch, his wife, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at Mattituck, New York, and more particularly bounded and described as follows: Beginning at a point on the northerly side of Main Road as widened at the southwest corner of the premises herein described adjoining the easterly side of premises now or formerly of William Maston; running thence along the easterly side of land now or formerly of William Maston North 34 degrees 15 minutes 00 seconds West 182.36 feet to land of the Long Island Railroad Co.; running thence along the land of the Long Island Railroad Co. the following three courses and distances: (1) North 47 degrees 06 minutes 40 seconds East 302.96 feet (2) North 26 degrees 38 minutes 30 seconds West 12 feet (3) North 45 degrees 27 minutes 30 seconds East 478.09 feet to the westerly line of land now or formerly of C. A. Price & Co., Inc.; running thence along the westerly side of land now or formerly of C. A. Price & Co., Inc. and land now or formerly of H. Kersnowski, South 26 degrees 00 minutes 30 seconds East 425.37 feet to the northerly side of Main Road; running thence along the northerly side of Main Road the following five courses and distances: (1) South 52 degrees 39 minutes 00 seconds West 34.31 feet; (2) South 52 degrees 40 seconds West 241.91 feet; (4) South 69 degrees 19 minutes 00 seconds West 109.61 feet; (5) South 71 degrees 19 minutes 00 seconds West 178.00 feet to the point or place of beginning. It is hereby Page 2 - Report to: Southold Town Board RESOLVED that the Planning Board recommends favorably to the Town Board the property of Carl Henry Besch and Ethel R. Besch, his wife, be changed from "A" Residential and Agricultural District to "B" Business District. It is further RESOLVED that the Planning Board recommends that the Town Board on its own motion zone "B" Business the property on the north side of Main Road from the westerly side of property of C. A. Price & Co., Inc., presently zoned "B" Business, to the westerly side of the property of William Maston, adjoining a private right-of-way. This property should be zoned the full depth to the property of the Long Island Railroad Company. In view of the fact Henry Kersnowski has requested that he be included in this change of zone, and he presently operates a non-conforming farm stand on his property, it is the opinion of the Planning Board this entire area should be zoned "B" Business. This area on the northerly side of Main Road, Laurel, is fast becoming a commercial area and should be zoned correctly for that nse. Respectfully submitted, John Wickham, Chairman Southold Town Planning Board SOUTHE]LD, L. I., N. Y. July 29, 1963. Mr. John Wlckham Chairman Planning Board Cutchogue, L.I., N.Y. Dear Mr. Wickham; The original petition of Carl Henry Besch and Ethel R. Besch of Mattituck, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain prop- erty situated in Mattituck, N.Y. is in the files in the office of the Planning Board at Sou~hold, 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/ Very truly yours Albert W. Richmond Town Clerk LIPETZ ~ MCNULTY Jmly 10, 1963 Hon. Howard Te~y Bu~ld~ng ~nspecto~ 8outhold, N. Y, Dea~ Howamd: .R,®,. Application £o~ Ch~n~e o£ Zon,, We enclose herewith o~lgJ, nal and copy of M~. and M~s. Beaeh,s petition for a change of zone affectln~ they p~operty at Matt[tuck. We are also enclos~n@ omc check ~n the sum of $25.00 ~n payment of the Town Board,s fee. VerT truly yours, CASE NO: ..... (.~.: ............ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF PETITION FOR A CHANGE, MODIFICATION OR AMENDMENT OF TYIE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: We, CARL HENRY BESCR and ETHEL 1. X .~.-.....BE...s..~m..l~.....W.i..fe..%....P.~.~l~.. , residing at ...M.a..~.t..~.~..u~..k..f ............................... (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at .... · M...a.~.~.~,~ql~.L.~T.~.,Y- . and more particularly bounded and described sg fnllnw~ BEGINNING at a point on the northerly side of Main Road as widened at the southwest corr~r of the premises herein described adjoining the easterly sing of premises now or formerly of William Maston; running thence along the easterly side of land now or formerly of William Maston North 34 degrees 18 minutes 00 seconds West 18g.36 feet to land of the Long Island Railroad Co.; running thence along the land of the Long Island Railroad Co. the following three courses and distances! (1) North 47 degrees 06 minutes 40 seconds East 30~.96 feet (2) North 26 degrees 38 minutes 30 seconds West 12 feet (3) North 45 degrees 27 minutes 30 seconds East 478.0g feet to the westerly line of land now or formerly of O.A. Price & Co., Inc.; running thence along the westerly side of land now or formerly of C.A. Price & Co., Inc. and land now o: foz~aerly of R. Kersnowski, South ~6 degrees 00 minutes 30 seconds East 4~5.37 feet to the northerly side of Main Road; running thence along the northerly ~ide of Main Road the following five courses and ~istances~ (1) South 52 degrees 39 minutes O0 seconds West $A.31 feet; (2) South 52 degrees ~6 m~nutes 30 seconds West 158.6~ feet; (~) South 83 degrees 19 minutes 40 seconds West 2Al.~l feet; (4) South 69 degrees 19 minutes O0 seconds West 109.61 feet; (8) South 71 degrees 1~ minutes O0 seconds West 178.00 feet to the point or place of BEGINNING. z. ~ nereoy pet]uon me 'town ~oarfl ot 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: So that the aforesaid premises be chanEed from "A" Residential and Agricultural District to "B" Business D~strict. 3. Suchrequestis made forthefollowing reasons: The lands lying immediately to the East are already zoned "B" business and are "business" in character in that there is a gas station, a garage for the repair of automobilesand storage of same, a cement products business where great quantities of cement block, brick, tile and other masonry materials are stored outdoors, and a non-conforming vegetable and fruit stand where vege- tables, not grown on the premises, are sold. Petitioner,s oroperty is bounded on the North by the tracks and property of the L,I.R.R. and on the West there is another non-conforming vegetable stand. Foz~merly and for a long period of time prior to zoning the aforesaid premises were devoted to the raising of chickens on a commercial basis. When oetitioners purchased the property it was represented to them that the prem{se? were in ~he business zone. It is submitted that the ~ thin area and neighborhood is already business in character and t~e granting of the request for the change of zone would not change, alter or adversely affect the character of the neighborhood. The petitioners desire to operase a riding academy o~ the premi~es. Said premises are ideally suited to such business since it is near many wooded trails and also is near Camp ~olloy, a summer boy's camp. The riding academy would be operated in a first class manner and would contribute to the recrea- tional facilities available to the sum~er visitors mad year-round residents of the town. Petitioners wish to have said business operation in compliance with the Zoning Ordinance and therefor~e request that the change be granted. STATE OF NEW YORK,) ) SS:- COUNTY OF SUFFOLK,) ................. ~. ......... ' .......... ~..S...¢......L .................. BEING DULY SWORN, deposes and says that _$he is the petitioner in the within action; that3he has read the foregoing Petition and knows the contents thereof; that the same is true to ~ (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters 5he believes it to be true. Sworn to before me.-. this . .~... ...... day of ~...~_~__~. ......... 19.~.-,..J ............... ~ Not~ ~ublic,/~ ~OHN R, McNULTY -- / Commission Expires ~arch 30, lg~ ~ \ 6'