HomeMy WebLinkAboutKaplan, Bernard Amend #64 WHEREAS, o petition was heretofore filed with the Town Board of the
Town of Southold by ....~'1~i~,..~[;t1~1'1 ................................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
lng from ~."...,~l~l;Ll~l~tJ,~.&.. District
District the property descriueo 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
witl~ the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the ..... ~"~......do,/
of .......... ~1~1~ ....................... , 19...~t/., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is ~'~'.t.~l.
By Order o£ the ~outhoL4 TO~n Board.
~lbert #. ~Lch~nd, ~ Clerk
ALBE~T W. RICHMOND
=;OUTHE)LD~ L. I., N, Y.
I'JJdB CII' JIBIII ~)
(m.-6'.)
'dd,8 _ 19~h
October, ,
NOTICE OF AMENDMENT
OF ZONING ORDINANCE
AMENDMENT NO. 64
NOTICE IS HEREBY GIVEN., that
after a public hearing held pursuant
to the requirements of law, the Build-
lng Zone Ordinance (including the
Building Zone Map) of the
Southold,
of the
Se follows' '
1. By changing from "A" Residential
and .Agricultural District to "M"
Multiple Residence District the follow-
ing described property'
All that certain tract or parcel of
land situated in East Marion, Town
of Southold, Suffolk COunty, Ne~
York, and more particularly bound-
ed and described as follows'
Beginning at the intersection of
the southwesterly line of-Shipyard
Lane width ordina~ high" wa~ter
mark of Gardiners Bay and running
southwest~ly and then ~este~ly
along s~id high water mark 1550
feet, more or less' thence along land
of the party of the first part on the
direct extension southeasterly Of the
northeasterly line of Lot 1 as shown
on "Map of Section One-Clea_ves
Point", filed in the Suffolk County
Clerk's Office as Map No. 2?52, and
along said Lot 1, N. 33.° 22' 56" W.
-640 feet, more or less' thence alon, g
land of the party of the first part,
N. 56° 29' 10' E. -321.14 feet to lan~l
of Rutkowski' thence along said
land of Rutkowski, 3 courses as
follows'- (1) S. 33° 30' 50" E. 287.54
feet; thence (2) N. 85° 45' 20" E.
-579.70 feet; thence (3) N. 55° 16'
00" E. 340.0 feet to said southwester-
ly line of Shipy .ard Lane' thence
along said southwesterly line, S.
35° 41' 30" E. -7~8 feet, more or less,
to the point of beginning. Contain-
ing 20% acres, more or less.
Dated September 29, 1964 .
BY ORDER OlP THE SOUTHOLD
.TOWN"' ~OARD
ALBERT W. RICHMOND
COUNTY OF SUFFOLK I
STATE OF NEW YORK . ss:
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 Traveler-Mattituck Watch-
man once each week for .. ~_..~.. wee,ks/
successively, commencing on the ........................................
day of ......... ~.~~/ ' ....... ~,19. ~.~?.~.
'~.~
Sworn to before me this ......... . .~.... ......... doy of
.......
ADELE PAYNE
Notary Public, State of New ¥01'~
Residing in Suffolk Country
No. 52-3041000
Commission Expires March 30,
LEGAL
NOTICE
NOTICE OF
OF ZONING
AMENDMENT
ORDINANCE
AMENDMENT NO. 64
NOTICE IS HE.BY GIVEN,. that after a 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 September 29, 1964,
as follows:
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 in East Marion, Town of Southold,
Suffolk County, New York,. and more particularly
bounded and described as foilows;
Beginning at the intersection of the southwesterly
1 ine of Shipyard Lane with ordinary high water mark of
C~ardiners Bay .and running southwesterly and then westerly
alon~ said high water mark 1550 feet, more or less~ thence
along land of the party of the first part on the direct
extension southeasterly of the northeasterly line of
Lot 1 as shown on "Map of Section One-Cleaves Point",
filed in the Suffolk County Clerk's Office as Map ~o. 2752,
and along sa~d Lot 1, N. 33°22'50'' W.-640 feet, more or
less;thence along land of t~e party of the first part,
N. 56 ~29'10" E.-321.14 feet to land of Rutkowski; thence
along said land of Rutkowski, 3 courses as follows
(1) $. 33°30'50'' E.287.54 feet; thence (2)N. 85°45'20~°
Legal
Not~ee Page -2-
E.-579.70 feet; thence (3) N. 55°16'00" E. 340.0 feet
to said southwesterly line of
along said southwesterly line,
Shipyard Lane
thence
~,S. 35 °41'30'~ E.-778
feet, more or less, to the point of beginning. Con&aining
20% acres, more or less.
DATED~ September 29, 1964
BY ORDER OF THE-. SOUTHOLD
TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
PLEASE PUBLISH ONCE,
AFFIDAVITS OF PUBLICATION
ROAD, S~LD, NEW YORK.
OCTOBER 8, 1964, AND FORWARD THREE
IMMEDIATELY TO THE TOWN CLERK, MAIN
Copies mailed to the following on
October
5,196,4:
The L~ng Island
Otto Van Tuyl
Stanley Corwtn,
Traveler-Matt ituck
Esq.
Watchman
OTTO W. VAN TUYL & SON
PHONE GF~ 7.0170
23, 196~
Proposed Change of zone--"A" ~o "M"--oouthold ?own, i'.!.Y.
Dawn Esthetes at '3~'eenport
}e¥innin '~.t the inter-s.~ctian ?,f the s~,u~.hw~sterly
lin% of ShioveFd L~ne with ordinary ~'
~" .... '~" '~'- ' then westarly
':1, ~i{.i sPi~ hi~:? W top mark 15~0 feet, mope or less; 5 erlce
:sx~eNsicn snuthe.-%hePly of tNe r[ophhee.lbePly liN. t ,::,f
the_ Suffolk Crunty Cl~rk's c:f'ice es Heu No. 27:°~, end
s. lnr~:v_, s:id Lot 1~ N.}}°22' ~0"~.-.6h-O f:et~ moz'e er. less;
tber~ce 9l. on~- lsnd of ~,;~ y~r~3' of th: f'iPst
[,.j6°2{:~10 ~.-.3,.1.14 feet t l:}nd ~f !iutkoskl; t 9nce
(1) ~ -: o~ ' ,,~ ~,~
~._3 :u ~0 ~.-~_,/.~4 f~et; thence
(2) N..~°-;:'°r'"'E~ ,.~, .-~?°~.~.,~'-.. feet; thence
(.U) i.!.95°16'C, 6"E.-3~0.0 feet tq, s~-[d southwesterly lir_e
~f' 3r~ipygrd L,~n~; thence ?lon= seid s uthw.est~Pl[,- lin:,
3.3~o'+~'.?0"~.-77.5 f-et, mo~e o~' less, ~,
be2'inuin6. Contain~n~ 20~ ~cres, more ? less.
~ of oouthold
Su~'veyoz s
MINUTES
SOUTHOLD TOWN BOARD
August 27,1964
P r e s e n t :
SUPERVISOR LESTER M. ALBERTSON
JUSTICE RALPH TUTHILL
COUNCILMAN HOWARD VALENTINE
COUNCIL~%N LOUIS DEMEREST
TOWN CLERK ALBERT W. RICHMOND
BERNARD KAPLAN
2
SUPERVISOR ALBERTSON: I will now read the description of the
second piece of property in question tonight.
"2. 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 in East Marion,
in the Town of Southold, Suffolk County, New York, and more particularly
bounded and described as follows:
"Beginning at a point on the ordinary high water mark of Gardiners
Bay where said high water mark is intersected by the westerly line of
Shipyard Lane; from siad point of beginning running westerly along
said high water mark, 1915 feet, more or less, to the easterly line
of land shown as "Reserved for Beach Area" on "Map of Section I, Cleaves
Point", filed in the Suffolk County Clerk's Office as map ~2752; thence
along said easterly line, north 44° 03' 30" west 190 feet, more or
~ess; thence along a 15 foot right-of-way as shC~n on said map, north
12°53'10" east, 131.27 feet; thence along lot 6, north 8° 13' 10" east,
121.02 feet; thence along lot 5, north 0o22'40', east, 125.15 feet;
thence along lot 4, north 16°08'20" west, 131.56 feet; thence along lot
1, two courses as follows:-(1) north 56°37'10,, east, 75 feet; thence
(2) north 33022'50,' west, 150 feet; thence across the southerly end
of a 50 foot private road know as Maple Lane, n~rth 56°37'10'' east,
thence along the easterly line of said Maple Lane, north 33o22'
38 feet;
50" west,
80 feet; thence north 56°37'10" east, 195 feet to land of
Rutkowski; thence along siad land of Rutkowski, five courses as follows:
1) south 33o22'50'' east, 57 feet; thence (2) north 58°49'10'' east,
87.89 feet; thence (3) south 33o30'50" east, 427.54 feet; thence (4)
north 85c' 45'20" east, 579.70 feet; thence (5) north 55o16'00'' east,
3
340 feet to said westerly line of Shipyard lane,
westerly line, south 35041'30,, east,
point of beginning. Containing 25.5
"Any person desiring to be heard on the proposed amendments
appear at the time an place above specified."
SUPERVISOR ALBERTSON: There is an affidavit in the file which proves
publication of the notice appeared in the Long Island Traveler-Mattituck
Watchman. I will now read the recommendation of the Planning Board.
"Gentlemen: This is to certify that the following action was taken
Planning Board at a regular meeting held on July 27,
by the Southold Town
1964:
thence along said
900 feet, more or less, to the
acres, more or less.
should
"In the matter of the petition of Bernard Kaplan, for a change of
zone from "A" Residential and Agricultural District to "M" Multiple
Residence District on certain real property situated at East Marion,
and more particularly bounded and described as follows: (legal description
was not read again)
"It is hereby RESOLVED that the Planning Board does not favorably
recommend to the Town Board the change of zone from "A" Residential and
Agricultural District to "M" Multiple Residence District on the property
of Bernard Kaplan, as described above.
"The Planning Board has never recommeded twenty-five (25) acres
for a "M" Multiple Residence District, and they see no reason to depart
from that policy. The Board feels that this is an excessive amount of
land for the purpose specified.
4
"Very Truly yours, /s/ John Wickham, Chairman, Southold Town
Planning Board."
SUPERVISOR ALBERTSON: At this time is there anyone who would like
to be heard in favor of the change I have just read?
STANLEY CORWIN, ESQ.: Supervisor and Gentlemen of the Board. My
name is Stanley Corwin. I wQuld like to speak on the importance of this
application. I know that the Board doesn't have to, and ordinarily
doesn't answer questions at the hearing, but I am sure the public is
wondering the same thing. This question is for the classification of
a "M" Multiple Residence District.
District was
very similar
Originally the application for a "B"
up before this Board not long ago. That application is
to this application before the Board now. I wonder if it
would be permissable to ask if the minutes of the meeting on this
application for a "B" zone could be used and taken into consider ation
on tonights hearing.
(Supervisor Albertson said that this could be done, since the
applications were very similar. Kenneth Slocum, attorney for those
against this application, stated that he also was going to ask that
the minutes of the meeting for the application of a "B" zone be taken
into consideration)
STANLEY CORWIN,ESQ.: The people, the buyers of this property
checked with the Board before this application was made. We think
that the Board should grant this without any question. I have in
my hand a zoning map of the Town. I record that it has been amended
5
some 30 times, as also the Zoning Ordinance was amended. This property
is actually a non-conforming use. I think it was an oversite of the
Board not to zone this property business at the time the Ordinace was
put into effect. This is an existing motel operation, a non-conforming
use. The purpose of our asking for the change is to provide for some
expansion, and that is something everyone has to do. The motel is
already there, we have ample room to expand, we see no reason why this
application should not be granted. The first time this application
was brought before the board, the question came up what was proposed
to be done with this property. At that
the people who were buying it, nor was I able
as to what was to be done with the property.
time I did not represent the
to make any statement
I am now authorized to
state the purpose.
here to take advantage of this change
hotel and restaurant operation on the
SUPERV~SORALBERTSON: Anyone else
this change?
BERNARD KAPLAN: I applied
would like to say that there is no intention
This to to keep the
of zone.
premises.
wish to be heard in
favor of
forthis change of zone. My brother and
I are joint owners of Dawn Estates. We have been in the real estate
business over 25 years. I am very much aware of the value of properS.
I am interested in the best possible use of this property. I am in
business to make money. I am interested in the best development of
this property, and that is to operate it as a motel and restaurant.
6
We know there are expensive home around here. However, we do not
intend to set up any honkey tonk operation. We have invested alot
of money in this operation and when you invest money you expen~ to get
a return. We are not trying to downgrade the area, we need room
for expansion. I would be glad to answer any questions anyone would
like to ask of me.
SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of
this application?
GENE MAZZAFARRO: I am quite familiar with this property. I can
see no objection in changing this piece of property. I am in favor
of this change.
SUPERVI88R ALBERTSON: Anyone else wish to be heard in favor of
this change?
(There was no response.)
SUPERVISOR ALBERTSON: Anyone wish to be heard in oppostion to this
change of zone application?
KENNETH SLOCUM,ESQ.: My name is Kenneth Slocum, address: 202 Front
Street, Greenport. I am also a resident of East Marion. Mr. Supervisor
and members of the Board, since Mr. C~rwin already asked you to
consider the past hearing, which was held on May 19, 1964, for a "B"
zone, I ask the Board to take notice of the petition that we submitted
at that time, which had more than 50 names. I ask the Board to take
direct notice of the fact that all those other people bought residential
7
homes in this area. I fully agree with Mr. Corwin and Mr. Kaplan,
we have a little development problem here tonight. We can still
say with the knowledge that residential owners bought and purchased
down there with the understanding that this was a private residential
place where they could relax an~ live without interference from
business property. I think that there was some misguiding there
when they bought the property. They felt that this was to be
a strictly residential area and didn't thish there would be anything
of any other type aroundthere. Mr. Kaplan just said that his intentions
were not to do anything to make this into a honkey tonk development.
I live in East Marion and don't want this type of thing by my home.
I don't think you gentlemen on the Board would want it either by your
home. The ~lanning Board points out that this is an excessive amount
of land for the purpose indicated in the application. I don't have
to remind the Board how the people of Gardiners Bay Estates will react
if you gentlemen grant this application for an "M" zone. I don't care
what Mr. Kaplan says his intentions are. He will not always own the
property. Another thing that annoys me gentlemen is that some many
people come in and buy property only to find that they are ~oing to
have a business right along side of them. Mr. Kaplan stated that
he had to protect his investment. They knew this property was "A"
zone when they invested in it. Let's look at the investment of
40 to 50 people who put their investment in their land. If you
grant this application you are turning down the pe6~le that bought
residential property in good faith.
8
to.
SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition
KENNETH SLOCUM,ESQ.: I represent all the people that were on the
original appA~ea~ petition.
LESTER BERD: The Gardiners Bay Estates Association do not favor
this change one bit.
FRANK THORP: Have been resident for the last 30 years. This is
an entirely residential section. If the Board allows this business
to come in, it is opening the door for other business in East Marion.
SUPERVISOR ALBERTSON: Anyone else wish to be heard?
HENRY KROSKI: What is meant by "M" Dwelling.
(supervisor Albertson explained the uses permiRted in a "M" District. i
BERNARD KAPLAN: I feel that it is necessary for me to make a
statement in regard to down zoning this property. We bought this
property with our eyes wide open for one purpose. We do not want
to down grade this property. There is an adjacent development where
we have put in houses. Many residents regard this as down grading to
the area, however, it will not really harm them.
SUPERVISOR ALBERTSON: Anyone else wish to be heard?
STANLEY CORWIN,ESQ.: Mr. Slocum thinks that the petition should be
on the record. I feel very strongly against hhat use. He has indicated
that that those who own property and residents know that this petition
is still effective. He uses that type of approach to the Board people.
He says that they bought homes in this area with the idea that it would
%
always be residential. We have no connections with the previous owners
of this property. I know that he is indicating that there are residents
and still are residents who want to keep this area strictly residential,
but at no time, at no time, was any impression made that the property
could not be changed to a "M" zone. No one was ever given the idea that
the proposed operation was always going to be residential. There was
a petition adopted at the time a application was made for a "B" zone
on this property. I should just like to say this--I was a little sur-
prised at the peO'~le who signed it. I spo~e to some of the signers
of this petition to determine if they were aware of the facts, but none
of them were aware of the matter of the petition. This was signed by
many people who were asked to sign, but they were lead to believe that
this application was for a down grading in the area. The residents
were given the wrong impression of the application. I would like the
record to be very clear on this.
KENNETH SLOCUM,ESQ: Mr. Supervisor, I would like to answer that.
No one was mislead by this little
the petition-"We,the undersigned, resident-owners of home~ within
Crescent Beach Colony; resident-owners of homes on adjacent roads
simple statement, and I read from
the
such
as shipyard Lane, Main or North Road, and Gull Pond; and developers of
an exclusive residential area of adjacent and contigQous parcels, do
hereby register our firm protest and opposition to the application and
petition of Cleaves Point Corp. to change, modify, or amend the Building
10
Zone Ordinance of the Town of $outhold, to down-grade its present
property holdings, or any part thereof, from an "A" Zone to a "B" Zone."
If there was anyone mislead by that, I will take full blame of it.
SUPERVISOR ALBERTSON: Anyone else wish to be hear~?
LESTER E. SHAPIRO:I am against this. I was under the impression ~uhat
this would always be a residential district. We invest money in
building homes valued about 18 to 20 thousand dollars. We were aware
of the motel as a non-conforming use, but thought there would be no
further expansion onit.
SUPERVISOR ALBERTSON: Anyone else wish to be heard on
(There was no response.)
SU~RVISOR ALBERTSON: Hearing none, I will close the hearing at
this time for the further deliberation of the Board.
this applicatiol
PBOPOSAL TO APVIENI)
ZONING OBDINANr''-
Pursus.nl' to Section 265 o, .,~ 'town
Law and Article IX of the Building
Zone Ordinance of the Town of South-
old, Suffolk County. New York, pubIic
hearings will be held 'by the Southold
Tow.n Board at the office of the Super-
visor, 16 South Street, Greenport, New
York, in said town of the 27th day of
-August, 1964 at 7:30 o'clock in the eve-
ning of said day, on the following pro-
posals to amend the Building Zone
Ordinance (including the Building
Zone Maps) of the Town of Southold,
Suffolk County, New York.
1. By changing from "A" Residential
and Agricultural District to "B" Busi-
ness District the following described
property:
All that certain tract or parcel
of land situated at Mattituck, in
the Town of Southold, Suffolk
County, New York, and more par-
ticular]y bounded and described as
follows:
Beginning at a point where the
westerly line of Wickham Avenue
is intersected -by ordinary high,
water mark ,of Mattituck Creek,
said point being S. 28° 48' 40" E.
130 feet, more or less, southerly
from a concrete monument mark-
ing the northerly extremity of said
westerly line of Wickham Avenue
which runs S. 28° 48' 40" E.; run-
ning thence westerly and south-
westerly along high water mark of
Mattituck Creek to a point the tie
line, from said point to a point on
the westerly line of Wickham Ave-
nue 90 feet S. 28° 48' 40" E. from
said monument above mentione.d,
being 69° 28' 10" W. 479.16 feet;
thence along said ordinary high
water mark of lVfattituck Creek
southwesterly and northwesterly to
a point, the tie line being S. 63° 23'
00" W. 300.79 feet; thence north-
westerly along ordinary high water
mark of Mattituck Creek to a point,
the tie line being N. 15° 19' 40" W.
393.76 feet; thence northeasterly.
along ordinary high 'water mark of i.
Mattituck Creek to a point, the tie
i
line being N. 34° 48' 40" E. 412.041i
feet' thence along other land ofi
the said Baker .and Van Buren,
the following two courses and dis-?
tances as follows: (1) S. 58° 36' 10" !
E. 245.0 feet; thence (2) N. 65° 05'.
40" E 215.03 feet to the westerly
line of Wickham Avenue; thence
along the westerly line of Wickham
Avenue two courses and distances
as follows: (1) S. 24° 54' 20" E. 330.00
feet to a monument, thence (2) S.
28° 48' 40" E. 130 feet more or less,
to the point or place of beginning.
II. By changing from "A" Residential
and Agricultural District to "M"
Multiple Residence District the follow,-
lng described property'
All that certain tract or parcel
of land situated in East Marion,.
Town of Southold, Suffolk County,
New York, and more particularly
bounded and described as follows:
Beginning at a point on the or-
dinary high water mark of Oardin-
~rs Bay where said high water
mark is intersected by the westerly
line of Shipyard Lane; from said
point of beginning running westerly
along said high water mark, 1915'
feet, more or less, to the easterly
line of land shown as "Reserved
for Beach Ares" on "Map of Sec-
tion I, Cleaves Point", filed in the
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
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 ...... '~'~.~y?~...([ ./..../... weej,kz"
successively, commencing on the ............ ~.. ~~'-'
day of ...... .z,:...., 1,. 9..~...~. '
· ....,.o,,oo . ,.,.....,.,..:
Sworn to before me this ......... Z .........day of
............. , 19...~....~.
Notary Public /
a 15 foot right of way as shown on
said map, north 12° 53' 10" east,
131.27 feet; thence along lot 6, north
8° 13' 10" east, 121.02 feet; thence
along lot 5, north 0° 22' 40" east,
124.15 feet; thence along lot 4,
north 16° 08' 20" west, 131.56 feet;
thence along lot 1, two courses, as
follows: 1) north 56° 37' 10" east,
75 feet; thence (2) north 33° 22' 50"
west, 150 feet' thence across the
southerly end of a 50 foot private
road know. n as Maple Lane, north
56° 37' 10" east, 38 feet; thence
along the easterly line of said Maple
Lane, north 33° 22' 50" west, 80
feet; thence north 56° 37' 10" east,
195 feet to land of Rutkowski;
thence along said land of Rutkow-
'.Ski, five courses as follows: (1)
south 33° 22' 50" east, 57 feet;
thence (2) north 58° 49' 10" east,
87.89 feet: thence (3) south 33° 30'
50" east, 427.54 feet; thence (4)
north 85° 45' 20" east, 579.70 feet;
thence (5) north 55° 16' 00" east,
340 feet to said westerly line of
Shipyard Lane; thence along said
wester~ line, south 35° 4d' 30"
.east, 900 feet~ more or less, to the
· point of 'beginning. Containing 25.5
'acres, more or ]ess.
Any,, .person desiring to be heard on
the proposed amendments should ap-
...pear-at the time and place above
'".sPecified.
DATED: July 28, 1964
BY ORDER OF THE SOUTI-I~I.I~
Pursuant to Sect:~on 265 of- the To~n Law and ~r.t:~cle ix
of the BuLld~n~ zone Ozdin~c.e o£ the To~n o£ Southold, Su££olk
County, New York, public hearings will be held by the Southold
Town Board at the o££ice of the S. ul~.rviSor, 16 south Street..,
~reenpor't, N~ York, in said town of.. the 27th day o£ August,
1964, at 7-. 30 o"clock in the evening of said day, on. the
following propo~&ls to .amend the Building Zone Ordinance
(including the Building Zone Maps) of the Town of $outhold,
Suffolk County, New York.
1. By changing from
p operty.,
'A" Residential and Agricultural
All that certain tract or parcel of .land
situ&ted at Mattttuck, in the Town of $outhold,
Suffolk County, New York, and more particularly
bounded and descz~d as follo~s:
Beginning at a point where the westerly 1.~ne
of w:Lckham Avenue /~ ~nte~sected :by ozd~ary high
water mark of .Mattttu~ Creek,
$. 28 '48'40" E. 130 feet, more
or less, southerly
from a concrete monument mark/rig the northerly extremity of
said westerly llne of Wickham ..avenue which..runs
S. 28' 48' 40' E.; running thence wes'terly and south-
westerly along high water mark of MattXtuck Creek to a point
%he t~e line, from said point to a point on the
westerly line of Wickham Avenue 90 feet S. 28048'40"
from sa. id monu~nt above ment:J~ned, being 69-~8'10''
W. 479.16 feet; thence along said ordinary high watermark
Legal
~'otice Page -2-
of Matt~tuck
Creek sour hwesterly
and northwesterly
to a point, the tlc 1/ne being $. 6.3 "23'00" w. 300.79
feet; thence northwesterly along ordinary high water
mark of ~att~tuck Creek to a point, the tie line
being N. 15.0 19' 40" W. 393.76 feet; .thence northeasterly
along ordinary high. water mark of Mattituck
a po~t, the tie line being N. 34°48' 40~ E.
Creek to
412.04
feet; thence along other land of the said Baker and
Van Buren, the following ~wo courses and distances as
follows: (1) S. 58036'10'' E. 245.0 fe.et~ thence (2)
N. 65° 05'40" E. 215.03 feet to ~he weste, rly line
of Wickham Avenue~ thence along the westerly l~ne
of Wickham Avenue t~o courses and distances as
£ollows.: (1) $. 24° 54' 20'" E. 330.00 feet ~o a ~nument,
thence (2) $. 28 ~48' 40 '~' ~. 130 feet more or less, to
the point or place of beginning.
II. By Changing from "A" Residential and Agricultural
D~trtct to"M" HultipXe ~es£.dence District the follo~~g
c!escr lbed property~
Ali that certain tract or parcel of land
situated in East Marion, To~n of $outhold,
Suf£olk County, New York, and more .particularly
bo~.ded and 4escribed as follows=
BeginnAng at a point on the ord~ary high
water mark of Gardtners Bay where said high water
mark :i.o ~ntersected by the westerly l~e of
Shipyard Lane; from said point of beglnn~ng running
westerl.y along said higl~ water mark, 1915 feet, more
or- less, to the easterly l~e of land eh~ as
"Reserved for Beach Area" on "Map of Sec.-=ion I,
Cleaves Point ", filed in the SuffoLk C -ount¥
Legal ~ce Page -3
Clerk os O£f~ce as map #2752~ thence along said
eas~erl~ ~ne~ nor~ 44o03,30" wes~ ~90 feet~
~re or leas~ ~ence al~q a 15 f~t rt~t of
way ~ sh~n ~ said map, nor~ 12°53.10.
131.27 f~t~ ~ence
along lot 6, north
ernst, 121.02 feet ~ thence atmnq lot 5
·
22 "40" east, 124.15 feet~ thence along lot
north 16 08 "20- wett~ 131.56 feet~ thence along
lot 1~ two ~.courses~ as follo~s~ 1) north
10" east:~ 75 feet~ the~lce {2) north 33~22
wes~ 150 feet~ thence across the-southerly
end of a 50 foot ~r~vate road known as
~ne, north $6 ~37'10- east, 38 feet~ thence
along the easterly 1L us
north 33 o22 ' SO"
o f sa id Maple Lan- e,
west, 80 feet~ thence north
56°
37 * 10" ess t, 195 feet
to land of Rutk~skl ~
thence along said land of
a. utkc~sklo
f~ve courses
as follows: (1) south 33°22'50,.
east, 57 feet
thence (2) north 58049,10,,
east, 87.89 feett
~*tence (3) south 33°30.50,, ~
east, 427.54 feet
then~ (4) north 85 °4.5 ' 20"
east, 579.70 feetl
thence (5 } no:th 55 '~16 ' 00"
east~ 340 feet to
sa ld ~esterly line of S hlpyard Lan~~ ,thence
a~on~ said westerly line, south 35' 41 30 east,
900 feet, ~re er less, ~ ~e ~tnt of ~g~ntng.
Conta~ing 25.5 a~res', ~re or less.
.any person desiring to be heard on
and
should appear at .the t~lme ~( place above
the proposed
sl~c~f~ed.
amendments
DAT~--D~ July 28, 1964
BY ORDER OF TH~, $OUTHOLD
TOWN BOARD
ALBI~I%T W. RI~CHMOND,
~ CLERK
PLEASE PUBL][$H .ONC'E, AUGUST 6, 1964, AND FORMARD O~ (6)
AF'FXI~VXTS' OF PUBLXCATZON XMMED~~LY TOTTi~ T(Y,~ CLKIt_K, MA~
BOAD, SOUT~OLD, NEW YOitK.
Copl. ee mailed to the fol~owing on July 31, 1964:
The '.~Lo~ng Lsl~d T,,z&veler Matti~u'ck Watchman
Stanley C orw in, E sq.
William W~ckham, Esq.
Southold Town Planmng Board
-c;OIITHrlLD, L. I., N. ¥.
PLANNING BOARD
MEMBERS
John '~ickhem, Chelrrnan
Henry Moisa
Alfred Grebe
Report to:
Southold Town Board
16 South Street
Greenport, New York
July 27, 1964
Gentelmen:
This is to certify that the following action was taken by the
Southold Town Planning Board at a regular meeting held on July 27,
1964:
In the matter of the petition of Bernard Kaplan, for a change
of zone from "A" Residential and Agricultural District to "M"
Multiple Residence District on certain real property situated at
East Marion, and more particularly bounded and described as follows:
Beginning at a point on the ordinary high water mark of Gardiners
Bay where said high water mark is intersected by the westerly line
of Shipyard Lane; from said point of beginning running westerly
along said high water mark, 1915 feet, more or less to the easterly
line of land shown as "Reserved for Beach Area" on "Map of Section I,
Cleaves Point", filed in the Suffolk County Clerk's Office as map
~2752; thence along said eaterly line, north 44003'30'' west, 190 feet,
more or less; thence along a 15 foot right of way as shown on said map,
north 12°53'10" east, 131.27 feet; thence along lot 6, north 8° 13'
10" east, 121.02 feet; thence along lot 5, north 0022'40'' east, 124.15
feet; thence along lot 4, north 16o08'20'' west, 131.56 feet; thence
along lot 1, two courses as follows: 1) north 56°37'10'' east, 75 feet;
thence (2) north 33022'50'' west, 150 feet; thence across the southerly
end of a 50 foot private road known as Maple Lane, north 56° 37'10"
east, 38 feet; thence along the easterly line of said Maple Lane,
north 33o22'50'' west, 80 feet; thence north 56°37'10'' east, 195 feet
to land of Rutkowski; thence along said land of Rutkowski, five
courses, as follows: 1) south 33o22'50'' east, 57 feet; thence (2)
north 58°49'10" east, 87.89 feet; thence 3) south 33030'50" east,
427.54 feet; thence (4) north 85o45'20'' east, 579.70 feet; thence
(5) north 55°16'00" east, 340 feet to said westerly line of Shipyard
Lane; thence along said westerly line, south 35o41'30'' east, 900 feet,
more or less, to the point of beginning, containing 25.5 acres, more
or less, it is hereby
Report to: Southold Town Board Page -2-
RESOLVED that the Planning Board does not favorably recommend
to the Town Board the change of zone from "A" Residential and
Agricultural District to "M" Multiple Residence District on the
property of Bernard Kaplan, as described above.
The Planning Board has never recommended twenty-five (25)
acres for a"M" Multiple Residence District, and they see no
reason to depart from that policy. The Board feels that this
is an excessive amount of land for the purpose specified.
Very truly yours,
n wickham, Chairman
Southold Town Planning Board
/bc
FI FF~ER K
SOUTHDLD, L. I., N. Y.
July 15, 1964.
Mr. John Wickham
Chairman Planning Board
Town of $outhold
Cutchogue, N.Y.
Dear Mr. Wickham;
The original petition of
Bernard Kaplan, of EdgewoodAve., Smithtown,
New York, relative to change of zone from
"A" Residential and Agricultural District
to "M" Multiple Residence District on certain
real property situated at East Marion, New
Y~k~ is in the files in the office of the
Planning Board at Southold, N.Y.
You are instructed to
prepare an official report definin~ the
conditions described in the petition and
determine the area so effected with the
recommendation of your Board.
Very truly yours%
Albert W. Richmond
Town Clerk
c^s~ r~o:
ST~T~ o~ ~EW YO~K PET~T~O~
TOWN O~ SOUTHOnD
~N T~ M~TTm~ OF T~ P~T~T~ON O~
FOR A CHAIN-GE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE O~' T~E TOWN OF SOUTHOLD, SUFFOI~ COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I, ..B.~..r.~[~.r..~..I~?j~ .................................. residing at Edgewood Ave., Smithtown, N.
(insert name of petitioner)
~pu~haser under contract
Suffolk County, New York, the undersigned, am the ~c~xbf certain real property situated at
,~...M.~j?~.,...%?~?..?.~...S..q.u..t.~.o~c~ more particularly bounded and described as follows:
northerly by the Main Road, easterly by land of Rutkowski and Shipyard Lane,
southerly by Gardiner's Bay, and westerly by lands of King, Ywaa Corporation,
and others.
This petition concerns the southerly part of said premises, as described by
metes and bounds in paragraph 2.
This application is made with the knowledge, consent, and authority of the
owner and seller under contract.
2. I do hereby petition the Town Board of the 'rown or Southold to change, modify and
amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York,
including ihe Building Zone Maps heretofore made a part thereof, :al~:~/l~l~g~ from A to M
zone, the following described premises: beginning at a point on the ordinary high
water mark of Gardiners Bay where said high water mark is intersected by the
westerly line of Shipyard Lane; £rom said point of beginning running westerly along
said high water mark, 1915 feet, more or less, to the easterly line of land shown
as "Reserved for Beach Area" on "Map of Section L Cleaves Point", filed in the
Suffolk county~clerk's office as map #2752; thence along said easterly line, north
44°03'30" west, 190 feet, more or less; thence along a 15 foot right of way as
shown on said map, north 12°53'10'' east, 131.27 feet; thence along lot 6, north
8°13'10'' east, 121.02 feet; thence along lot 5, north 0°22'40" east, 124. 15 feet;
thence along Lot 4, north 16°08'20" west, 131.56 feet; thence along lot 1, two
courses, as follows: l) north 56°37'10" east, 75 feet; thence (2) north 33°22'50"
west, 150 feet; thence across the southerly end of a 50 foot private road known as
Maple Lane, north 56°37'10" east, 38 feet.: thence along the easterly line of said
Maple Lane, north 33°22'50'` west, 30 feet; thence north 56°37'10'' east, 195 feet
to land of Rutkowski; thence along said land of Rutkowski, five courses, as £ollows:
1) south 33°22'50'' east, 57 feet; thence (2) north 58°49~10'' east, 87. 89 feet; thence
3) south 33°30'50'' east, 427.54 feet; thence (4) north 85°45'20" east, 579. 70 feet;
thence (5) north 55°16'00" east, 340 feet to said westerly line of Shipyard Lane; thence
along said westerly Line, south 35°41'30" east, 900 feet, more or less, to the point
of beginning. Containing 25.5 acres, more or less.
3. Such request is made for the fo/lowing reasons:
The premises described are a part of a larger parcel of land and comprise that
portion thereof presently devoid and set aside for multiple residential purposes.
The said lands were devoted and set aside for that use at the time of the adoption
of the zoning law and constitute a non-conforming use - are capable of expansion
and intended to be extended. Since such extension is the only logical use of the
premises and is the only way in which it can be made to bring a reasonable
return on investrnent, and since extension is precluded by the present zoning
classification, this application is made.
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
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 tc be true.
(L. S.)
Sworn to before me
this ..1..~.h... day of .....................J.~.J:Y.~ ....... 19~.~'...
CC, RNELI~ C. KEOGH
NOTARY PUBLIC, State of New YO~
Qualified i~ Sulfoll( County
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLO
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York [ 197I
TELEPHONE
1516) ~65-1801
November 25, 1987
Roderick Van Tuyl
Van Tuyl Land Surveyors
Front Street
Greenport, New York 11944
Dear Rod:
Enclosed is a letter from the president of the Cleaves Point Property
Owners Association, Inc. questioning the boundary lines of Change of Zone
Amendment No. 64, and I am inclined to agree with him.
From the official change of zone file of Bernard Kaplan I am enclosing
a copy of the legal notice of the amendment, a copy of the metes and bounds
description prepared by your firm, survey map from the file, and that portion
of the Zoning Map showing the existing zone as of September 29, 1964, and as
il appears as of February 24, 1987.
Please research this matter, make whatever correction is required, and
advise me of the results. Thank you.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
of So.uthold Suffolk
Y~ork and .m..ore p~rl:lcttlszlg bound~
COUNTY OF SUFFOLK
STATE OF NEYV YORK
C. Whitney Boot-h, Jr., being duly sworn, says
that he ~s the Editor, of THE LONG ).~LANL%
TRAVELER - MATTITUCK WATCHMAN, o public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy', has been
published in said Lonfl Island Troveler-Mattituck Watch*
,~on once each week fo~ ..C'~--.-..~.
successively, commencin~ on the ........................................
..................................
Sworn to before me this ......... ..~/.. ......... day of
.......
ADELE PAYNE
Nota~' Public, Stste al New Yo~k
OTTO W. VAN TUYL & SON
GREENPORT, NEW YORK
Sept. 23, 1964
?roposed Change of zone--"A" to "M"--Southold Town, N.Y.
Dawn Est,~bes at Oreenport
-~e .... lna.~at the Ant
~:,:tensi?n scu~he::~teNly of the northeasterly
~2' } I ~'~ .~.? C,I .~,v~t~ OEz .......
~be =--~'~-~b ~'~.,~ , Clark's o~zc~ ~ w~: Nc. 2752 and
~.~_ ..... _~: se!d ~ot 1, N.p3°22'50"W.-Eg0 feet, m~re_ .-~.. less;
. . =,. -:. z~ ~-.-.;,.1~ 1~ Feet
~.1~,-:' said n .... - ~ 2utko~kl o~ follo~.;s:
~l~,~_,Ne L.9.~9~ E~ler~ce ~_~n~ .... said s~uthwss~erly iine~
~C ~..-. r .... more or less, to the u. ciint Of
be.xfinuinE. ContalnmuPj 20~ acres, more or less.
~C IIiOWn of Sou~hotd
/2'-~--~--- ~ / ? /
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JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTFIOLD
November 25, 1987
Town Hall, 53095 Main Road
P.O. Box 1170
Southold, New York I I971
TELEPHONE
[5t6~ 765-1801
George J. Garbe, President
Cleaves Point Property Owners Assoc., Inc.
P. O. Box 219
East Marion, New York 11939
Dear Mr. Garbe:
In response to your letter of November 19th concerning the M-1
zoning at Cleaves Point, I am in the process of researching the boundary
line you question, and will be in touch with you as soon as the information
is available.
Thank you for your patience.
Very truly yours,
Judith T. Terry cz
Southold Town Clerk
RECEIVED
I OV 0 1987
CLEAVES POINT
PROPERTY OWNERS
ASSOCIATION, INC.
P.O. 9OX507 · GR~:ENPORT, NEWYORK 11944
Jua:_tt~ ferry, '['own Clerk
f'own of
main Street
?e: /]-1 ..)nin.~:, ,Cleaves ~-oint, EDst marion
question aas ~risen re~arding' the bo~deriea of the ares above.
,:~oninf ~g.~en.iment ,.'6d", adoptec oeptemOer, 1?~, places the
~ouihwestern boundary line about 110 feet %o th~ northeast of the
It is aesumed that the above amendment is the latest with raL'ar~ to
this proi:,erty. I would appreciate anz informatio~ you me~ be ~ble
G'o~;s J. ,Jcrbe
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ot: VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 3,
1987
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
t, 516) 765-180'1
George J. Garbe, President
Cleaves Point Property Owners Assoc.,
P. O. Box 219
East Marion, Ne~V York 11939
Dear Mr. Garbe'
Inc.
With reference to our previous correspondence relative to the boundary
line question at Cleaves Point, I have received a response from Van Tuyl -
Land Surveyors who make the changes on our zoning maps (all correspondence
enclosed).
It appears somewhere along the way the line was erroneously, extended,
and has now been corrected, a new section of our Zoning Map issued by
Van Tuyl and now is now on file in this office and the Building Department.
·
..
Thank you very much for bringing this to our attention.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
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MAP OF I AI~-ID
DAWN
ESTATE ~
E ..AST 0~'
~,~EE NIPO P~T
-tOWN OF 50L~T~OL-D, N.Y,
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