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HomeMy WebLinkAboutBaxter, William J. Amend #69STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: -- ~%LBERT W. RI~{MO~, of Southold, Nee; York, Town soutnold, being duly sworn, says that he is over the a¢3e cf twenty- one years; that on .the 7th -of JULY , 1965, he affixed a notice o~ Which the annexed printed notice is a true cop~ in a .proper and substantial manner, in a most public place in th Town ot $outhold, Suffolk Co~ty, N~; York, to wit..- .. ~~ ~~/..." ..... .--??~.'i:' ...... " ~' Albert Clerk Sworn to before ~ this 7th day of July, 1965. Mar ion A. Regent, Notary . 'lic MARION A. REGENT NOTARY PUBLIC, .No. ,52-3233120 Ierm WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by ...... ~i;1.1.~.,~.,..~te.~..,3~.....&..Ot~l::$ ...... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- lng from ...';A't..~.~s.~..&.,Agr4Lc... District to .~,2'.'...,EUSiZ:~,S ......... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....... l.'~t;t~...day of ................. .,.1'~1,t3~ ..................... , 19..~,5., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is grante¢]. By (=der of the Southold Town Board/ D&~e~! July 7, 1965. Effective as of July 17, 1965. Albert W. aichmona Town clerk · NOTI~. OF AMF~I~ENT · ~M~h ~ ~ of Lon~ ~d N~~. ~ ~y O~""~.~.~,~ ~ .~ ~ ~t ~r a ~blic ~~ ~ ~~ '~ ~; ~~ ~~ ~t.-to ~ ~u~em~ ~ '~"~ ~'~' ~' ~-~.0 feet, ~~.~ .. being duly Sworn. ~w, .me Bu~-Zone O~ "~re er' 1~ ~-t~ ~~t ~ ~ .......................................... (i~~ ~e'.~~ Zo~ ~~ ~g, ~~g ~% '~~' ~nter ~d Publisher of the SUFFOLK of '~":~ of ~u~Id, S~m~ ~ ~. 1~ .~~ty, New York, w~ 'd~F '4. By'.~ing from "A" ~-~lished at Greenpo~, in said county; ~~d~.at a ~r .m~~ of 'dential ~d ~~~ ~ri& ~' ~old'-~ ~~d .hem on ~ "B-2" B~~ D~rict- ~e J~e ~, 1~, ~ f~WS: '; foll~ d~~ pr~.rty: ich the annexed is a printed copy, l. By ~~ f~ "a" ~si- ' ~ t~t ce'r~ trot or ~; said S~folk Times once in each rent~. ~ '~g~c~t~ ~t~ct cel of !a~-~tu.at~ at ~~- ~ "B-2'; B~ ~ric.t the fo~- t~, ~ '~e T~n of ~u~old, ..~~ ................................ week~ .- "' ....... ....................... · ~. of ~. ~t~~ ~t ,' :- ................ 19.~..~[.. ~ Aven~ ~ ,in~r~~ by ~= .2 ............ ~ ......................................... · m,e '~r~~ ~und~ ~d '~ ~h water ~k ~ '.-~~[ ~'~, . ' { .......................... ' - ' -' , .......... 19 ......... n~:~~- ~e .~ W~~ ~ven~. :~.".:~' .'[W.~~'. f~t;-. ~en~ (~) ~e~e. w~rly ~. s~west~ ~...~o. ~,-.'~,-. W. 1~;~ ..:feet; ~_, '~-.~h '~~r m~ '-of co~' ' . · . ..... · .... ~attitu~.. ~k ~.a ~f~t, ,~e NOIA~Y Pg~[~C, '2t.~te of New ~4~'~i..:.f~t; ~ence ~~~Y ~ie ~ne. ~. ~id'. ~lnt ~ a N~. ~nt on the w~terly l~e of Qualified ~n Suffolk Co~ ;~n:a-'~~e ~-t~e:' ~i~~ --w~~ Ave~..~ fe~ S.-.28° Term Expires March 30, 196t~ a' ~~ of.~~ ~fe~t" · ..-. ~, .~,, E;-f~m ~d m~um~t -of 39:~I f~ .~t-~':~~~ ~ve. m~t~On~f-~ing' 69°· 28' .~ 10" ~;',4~;1~ f~t; the~e .~on~ ,f W~.} oi ..~~t~k.'~~ ~ '~~ ~en~ ~ng o~er-1~ 0~ '~ fe~t;' t~en~e:/~''~nq of ha~ t,~o ~o~ses as fo~o~: ('~). ly ~d ~~rly ~ a .~mt, s. 3~, ~' ~"- E.'.219.~. fe~:; ~e"tie ~e. ~i~ S. 63° 23'. ~" ~e~e..(2) S. 36° '53' ~" E~ W,-~.~9 feet;' .~~e north- ~.~' f~t; ~ence ~o~'.~' w~~Y ~ng ~ina~ , .~ ~~_~d.~~.'.~. Wa~r '~k 0f ~~U~C~ Creek 1 o 10'' "W 39~6~t; t~~e f~t;-~e~e alo~ land ~ WOH-~ e o .~e~ . ~o~ ~" ~nd"'-'."[~: --~~er, -S. 51° 55' ~" -~,-' Cr~ ~ a ~lnt ~ tie line f31,~'--feet ~ ~e ~t -~ ~g ~"'$4" ~' ~'' E.~.~ feet; tlon .~' ~e nor~hwe~rly ~e. ~mi'"'~~ ~d .with" i0" E.-~.0'~feet~.-.-m~'(~)'N. ,and , ~~ ~d. ~t~ly ~ 'hue; 'th~ ~~"~e ~~rl~ .~ --O~r i'ff i hg -~~t, ~ ~e.-< :~of ~~~:- Argue two ~-, ~,':~"<~j~.-~.8! f~t; ~ I~. (1.) s .':~ .... ~lj.-~',.'E.~,00 ~e~e ':~ '~~ '~g~' ~ -'8. ~.a-,~, ~,, -~/;:~0 'fee% m0~ · .~ ~"~Ol~s: (1) 8. ~o~ .~,- '0r' le~ ~ .~e ~ln~ ~-place o~ ~"'w.-~.~ .f~; ~en~ (~). 8.- ,~~. · ..... 39° 5r ). ..c ng r°m (3)" N. 3~° 13 ~ W.-~~'- i~; ~c~~ Dis~ric~ ~~e ~g o~ ~ ~' ~ 'B-2 B~ne~ D~~-~he Io1- ~~~r herein on ~ ~~ d~~~ pr~~7: e~~n ~u~es~rly. o~' ~1 ~ha~ ce~in. ~c~ or'-~r- ~~~r17 ~ne o~ ~~ ~d, N.-~o ~, ~,,..~ in ~e'T~ oI'~u~h°id, S~folk 16~.39 I~ ~ ~he ~tn~, of -~- ~n~y,.'_~ew York,.., ~d more gi~.' ' P~i~ly.. ~.nded-":'. and de- .l. By ~~ 'fwm-"A" ~i- sc~~,..~ 10~ows:.:.~ .. ~t~ and-~c~tu~l DM~Ct ~~G .~t ah iron pipe ~'"'B~2'' B~~ D~t~t ~e. 'fd- ~t"on ~ ~uthw~r~ Comer 10~-d~~d Pr~e~y: '-. . '. 0f S~veme~ ~,'."~e~ ~id .-~ ~' ~~~ trot or par- ~ c~~es' In dir~tion lmm ~1 of la~ ~~~d'at ~tti- ~ e~~!y '~ we~rly ~rse tuck. in ~e To~ ~' ~u~hold, W"a horsefly ~ ~u~erly s~ffolk ~unty,-.New Y~k, and C~~;.. ~~ ~he~e'~u~ ~~ ~tic~ly ~~' ~d d~e .24 ~nu~s. 40 ~conds :' ~~ ~ fo~s: w~t ~o~ ~e W~terly Bne of '~~G 'at a ~ncrem mort- , S~vem~ ~ ~ feet, more 'm~t ~t'on the ~~er~ ~e 0r le~-W ~e or~n~' ~h wa- ~ ~ ~, ~t ~e ~~~- ~r. ~rk-~ ~~ ~ve; ~n- erly e~er of ~nd of ~n~ ~- ~ then~wes~ly '~~ ~id land ~e a~ ~el C.o~.~d high wa~r mark of 1~ fe~t ~n~ ~e~e alo~ ~ ~e m~e or le~, to land'now or for- '.ol Ma~ ~ North ~o ~, 10" - 'merly of .Sider; thence north ~tj ~1~ feet ~ a' c0~.~ 3 ~e~' 45 minutes, e~t alon~ ~nmen~ and ~nd '~ ~ ~id l~t .'m~tioned ~nd. 2~0 ~~y; thence ~ong ~M hnd feet, more or le~, W an ffon of ~~Y South 21° ~' ~" ~t .513.03 feet t0 a con~~ .p~ ~t'~ ~e ~utherly line of ' S~veme~ ~~; and mon~ent ~ on't~: n~h'erly ~u~ ~ d~r~s 55 m~u~s e~.t line of Old ~in ~; thee ~o~ ~e ~therly lfne of aloe- ~id line of Old Ma~ vemere ~ 1~.~ feet ~o ~e ~, two' courts as f~~s: · ~t or p~e of ~~nln~. ~ 10" W~t '~.26 feet W'~ ~n BY ~ OF .~ p~ and land-of ~~ Naw- '~~ ~~ ~~ .r~k2 ~ence al~ sam ~d ' ~~T W. of Nawr~M, ~r.~ co~ ~ ~~ O~ '1~ o ~ ~"~L (1) ~o~ 9 59 .~ ' "' .... +. ~ ~ ~on p~ ;. _ ~ .... -- NOTXCB ZS m~~_ ~X'.VBH. -CAa~ &f~ de pub.lie ~ ,heaz'~ 'he~d Chl ~iXd~.'. Zone of 8o~~.Xd, SG£fo'Xk Co..-un~y, new Yozk0 ~as duXy ~ ac Ail, that ~~n ~ ,set or ~.l of lald ~e iB/O~ at & p~.~.j~n~C on ~ nor-~terl.y l.,,~e (2) If. 49 do~L"~m 34 m.tnut, eo 4.0 aoeondo, w.-.x2;{.$o fe~t~ theno~ (3) $. 38 degrees oS right baying & of School ~ noadt thon &Xong sam sou~~.ly (I) F,. 37 ~~.]ree~ ~ m,l~te.f. 40 £eet~ 'th~ 92} ~. 36. de.vreea 5..3 · . 37 ~~~$ 20 20 ~d~ emlt,- 140.. 56 ~ee't; ~l.f, $. 37 ~egree~ ~ aJ~ut~ , 20 m~'~n~ ~-. -35.20 ~AneLdez, -~Lnu 4,0 ~~o~da ~. -~31.92 £eet to the poLut o£ 34' 40 ~ E. -1.2.2.96 fee~; ~ence t~~ ~rseo ~and d~etanees- to ~o1,1~~ (1) s. 70" 28' 40" 4.0" ~.-t8...5.55 · ~~~ (3) ~. 37 o 1.3' 30" w'. -7--~, $7 feet ~ thence other of 1~. -167, 39 .Mt ~:Lcu!tura~ OLs, tr-~t A11 t~at ce-rta~ tract or Xn -the Toun o.£ ~~tho!d, ~tu£.~.lk County. ~e~ York. and ~z~ ~rttcu..~rly and de~r~d l.~ne o£ Naln Roed, at ~e 42' XO" w.e~ 288.26 feet ~o an Lrm~ pLpe and. ~md o£ mommout and contra AA Lng 4.2~ 9 .&crem. ~.rtcuX~~&l ,D.Lmtric~-to ~B' ltuoXnmmm DLm:trtct t~e dm~z~d propertF~ ~r~ .or ~1. of land SuffoX~ County, ~ York, ~d ~z~ pmrt./cuX&z.Xy -4- o~:'the N~ddle ao~d &~ 'the ~~i~erly corner 2.8'* 00' {. -360 foot..more, or leas to ord~ -230. runs $. 28' -5- 23' 245 * . . rS' 4'0'" ~. 215.03 -.~.~ ~. -330, O0 ~eet to a -~maent, ~ (2) s..2e ' _e_ Road 238 fee~., more or Xes-8 ~o t~e ord~~ry Xmmt .meattoumd Xand 27~ f~emt, ~ or Imam .r'~O an ~e ~ so~the~17 t:tne of $,tl. ve~re l~~d cop,tea ~.tled t;o ~'~e t~:l.l~.tng ~ ~ ..unto 2 9, 1965.= TOWN BOARD MINUTES June 17, 1965 P r e s e n t: SUPERVISOR LESTER M. ALBERTSON JUSTICE RALPH TUTHILL JUSTICE HENRY CLARK COUNCI?.MAN LOUIS DEMEREST TOWN ATTORNEY ~OBERT TASKER TOWN CLERK ALBERT W. RICHMOND Della Chew William J. Baxter and others Thomas Jurcz~nia 2 Supervisor Albertson advised that the hearing scheduled for the change of zone application of Woodho~low Properties, Inc., would not be heard because of an error in the legal descriDtion in the legal notice. SUPERVISOR ALBERTSON: I will open the first hearing by reading the legal notice. "Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of theTown of Southold, Suffolk CQunty, New York, public hea~ag 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 17th day of June, 1965, at 7:30 o~clock in hthe 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 changing from "A" Residential and Agricultural District to "B-2" Business 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 particularly bounded and described as follows: "Beginning at a concrete monument set on the southerly line of Main Road~ at thenortheasterly corner of land of Long Island Ice and Fuel Corp., and running thence along said line of Main Road North 52" 02~ 10" East, 717.20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy south 21~ 04~ 50" East 513.03 feet to a concrete monument set on t~e northerly line of Old Main Road; thence along said line of Old Main Road, two ~e courses as follows: (1) South 56~ 57~ 20" West 28.88 feet; thence (2) south 84' 42' 10" West 288.26 feet to an iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki, three courses as follows: (1) North 9~ 59~ 10" West, 268.88 feet to an iron pipe; thence (2) south 52" 3 13' 40" East, Main Road; 40" West, 191.51 feet to an iron pipe; thence (3) south 16' 26~ 168.34 feet to a concrete post set on the northerly line of Old thence along said line of Old Main Road South 88° 34' 50" West 246.14 feet to a concrete monument and said land of Long Island Ice and Fuel Corp., thence along said land north 23' 90~ 50" West, 108.53 feet to the point of beginning, containing 4.269 acres. "Any person desiring to be heard on theproposed amendment should appear at the time and place above specified. We "Dated: May 18, 1965, Richmond, Town Clerk." SUPERVISOR ALBERTSON: by Order of the Southold Town Board, Albert There is an affidavit in the file indicating publication was made of the legal notice. I will now read the recommendation of the Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town PlanningBoard at their regular meeting held on May 11, 1965: "In thematter of the amended petition of Della Chew for a change of zone from"A" Residential and Agricultural District to "B-2" Business District on certain real property located at Mattituck. (legal descriDtion was not again read.) "It is hereby RESOLVED that the Southold Town Planning Board favorably re recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Busin ess District on the property of Della Chew as described above. "This property will be used for a nursing home if it is changed to a business district. The Planning Board feels there is a great need for such a use in the Town of So~thold, and a nursing home would be an asset to t~e town of Southold. "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning Board." 4 SUPERVISOR ALBERTSON: At this time is there any one present who wishes to be heard in favor of this change of zone? JAMES OLSEN: Mr. Chew is here. I think that he would have a few words to say about it. MR. CHEW: I am in favor of this change. One question I would like to ask. If this is passed by theTown Board, when will be know? SUPERVISOR ALBERTSON: I would say after the next meeting of the Board which is June 25th. MR. CHEW: I would like to go on record as being in favor of this. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change? MARTIN SbT,:R: I think that is a Since this connects eveything that is business property, good reason to make this business. You have the gas station on the west end, and business on the other end. This would be a good addition. SUPERVISOR ALBERTTSON: Anyone else wish to be heard in favor of? JAMES OLSEN: I am in favor of this change. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition to this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the other on this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at this time for the further deliberation of the Board. SUPERVISOR ALBERTSON: I will open the second hearing by reading the legal notice. "2. By chaning from "A" Residential and Agricultural District to "B-2" 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 particularly bgunded and described as follows: "BEG/1TN~NG at an iron pipe set on the southwesterly cornerof Silver- mere Road, where said road changes in direction from an easterly and westerly course to a northerly and southerly course; running thence South 1 degree 24 minutes 40 seconds West along the westerly line of Silvermere Road 238 feet, more or less to the ordinary qh~ high water running thence westerly along said high water mark of Pipes Cove; mark 158 feet more or less, to land now or formerly of Sieger; thence north 3 degrees 45 minutes east along said last mentioned land 270 feet, more or less, to an iron pipe set in the southerly line of Silvermere Road; and thence south 80 degrees 55 minutes east along the southerly line of Silvermere Road 149.66 feet to the point or place of beginning. "Any person desiring to be heard on the propesed amendment should appear at the time and place above specified. "Dated: May 18, 1965, Richmond~ Town Clerk." SUPERVISOR ALBERTSON: By order of the Southold Town Board, Albert There is an affidavit in the file indicating publication was made of the legal notice. of the Planning Board. "Gentlemen: This is to certify that the by the Southold Town May 11, 1965: I will now read the recommendatior following action was taken Planning Board at their regular meeting held on "In the matterof the petition of Thomas andElorence Jurzenia for a change of zone from "A" Residential and Agricultural District to 6 "B-2" Business District on certain real property situated at Greenport. (legal ~escri~tion was not read again) "It is hereby ~$OLVED that the $outhold Town Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of Thomas & Florence Jurzenia as described above. "This is forthe expansion of a present non-conforming business~ namely a motel operation. This is a well established business and an asset to theTown of Southold. The Board also points out that this property is located off the main highway. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: At this time is there anyone who wishes to~ be heard in favor of this change of zone? (There was norresponse.) SUPERVISOR ALBERTSON: Any one a~ all wish to be heard in favor of this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard in opposition to this change of zone? ALBERT FRONE: I do. In addition to the property that is being zoned is 20 feet on the other side of the street that will be used for the same purpose and is not in the descriDtion. I think it should have been taken in for the dnange. It is 20' a~e by about 200'. It surprised me that there could be spot zoning like that/ However, I don't object to the change of zone. The 20 feet should be zoned with this piece. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition to this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Anyone ewish to be heard one way or the other on this change of zone? 7 (There was no response.) SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at this time for the further deliberation of the Board. SUPERVISOR ALBERTSON: I will open the next hearing by reading the legal notice. "4. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: "All that certain tract or parcel of land situated at Cutchogue, in theTown of Southold, Suffolk County, New York~ and more particularly bounded and described as follows: "Beginning at a point on the northeasterly line of Griffing Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Griffing Streett three courses as follows: (1) N. 39" 09* 20" W.-4.56 feet; thence (2) N. 49' 34' 40" W.-122.50 feet; thence (3) N. 38' 05~ 40" W.-554.91 feet; thence northeasterly on a curve to the right having a radius of 24.56 feet a distance of 39.01 feet to the southeas~rly line of School House Road; thence along said southeasterly line, N. 52' 55' 20" E.-144.10 feet; thence along land of Wickham ~ courses as follows: (1) S. 37' 04' 40" E.-219.84 feet; thence (2) S. 36' 53* 20" E.-306.04 feet; thence along said land of Wickham and along land of Case, S. 37' 20~ 20" E.-140.56 feet; thence along land of Wold, S. 37' 34~ 20" E.-35.20 feet; thence along said land of Schneider, S. 51' 55~ 40" W. 0131.92 feet to the point of beginning. "BEG//~NING at the intersection of the northwesterly line of School House Road with the southwesterlylline of Griffing Street and running along said southwesterly line of Griffing Street, two xcourses as follows: (1) S. 38' 05' 40" E.-635.81 feet; thence (2) S. 49' 34~ 40" E.-122.98 feet; thence three courses and distances as follows: ) 8 (1) S. 70' 28~ 40" W.-23.67 feet; thence (2) S. 39' ~51~ 40" W.-185.55 feet; thence (3) N. 37' 13' 30" W.-790.57 feet; thence along other land of the petitioner herein on the direct extension southwesterly of e~ said northwesterly line of Scholl House Road, N. 52' 55~ 20" E.--167.39 feet to the point of beginning. "Any person desiring to be heard on the proposed amendment should appear at the time and~ place above specified. "DATED: May 18, 1965, By Order of the Southold Town Board, Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: There is an affidavit in thefile indicating publication was made of legal notice. I will now read the recommendation of the Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 11~ 1965: "In the matter of the amended petition of William Baxter, Jr., and others for a change of zone from "A" Residential and Agricultual District to "B-2" Business District on certain real property located in Cutchogue,(legal descri~Dion was not read again.) "it is hereby RESOLVED that the Planning Board favorably re- recommends to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of William Baxter, Jr., and others as described above. "The Planning Board most urgently request that this change of zone be given favorable consideration as soon as possible. This change of zone is in line with the expansion of the business district in Cutchogue. "Respectfully submitted, /s/ John Wickham, Chaimman, Southold Town Planning Board.,, SUPERVISOR ALBERTSON: At this time is there anyone present who wishes to speak in favor of this change of zone? WILLIAM WI~KPR%M, ESQ.: I appear on behalf of the petitioner. My remarks at the first hearing, which the Board has a transcript of, may be applied here. I just want to summarize a bit. I really believe that this is a proposition which should be looked upon most favorably by the Board. It is a natural expansion of the business district. It shouldn~ be expanded on a super highway. We are beginning to increase in population out here. We have to prepare for the residential expansion, but we also have to prepare vfor the business expansion. In addition, we have agreed ~with the Planning Board to turn over to the Town certain strips of land along the road that has been approved by the Planning Board. Now if you grant this application, the road would be 60~ wide running north from the post office and to the east. SUPERVISOR ALBERT$ON: Anyone else wish to be heard in favor of this application for a change of zone? (There was no response. 0 SUPERVISOR ALBERTgON: Is there anyone present who wishes to speak in opposition to this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard one way or the other on this change of zone? RICHARD CRON, ESQ.: Supervisor, and members of the Town Board, when this application came up quite some time ago for change of zone, strong opposition was made to the zoning e~- change. At that time, I would like to put on the record, that this was done in extreme good faith, and was largely objected from the point of view that ~ue Zoning law provided quite a number of permitted uses. Many of which, if approved, could be ~e~e detrimental to the Cuthhogue area. Now that the 10 the Zoning Ordinance has been changed so thaf the permitted uses are more limited, there is no objection. However, I would like to put on the record, if my understanding is correct, the land on the west of Griffing Street is part of another parcel of the petitioner. I would like to say that we would voice objection to any furt~s~r changing of zone in this area. And I say this now ...... there is an old sayings, "an ounce of prevention is worth a pound of cure." SUPERVISOR ALBERTSON: Is there a~e~ee- anyone else wish to be heard one way or the other on this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at this time for the further deliberation of the Board. ~au~nt to~ .S~ctien 26~ of ~e ~~~e ~ ~ ~ ~ the T~w~ ~ ~, ~folk ~- ty, ~ York, ~ ~ ~ ~' at ~ ~f~ ~ ~ ~r- v~r, ~ ~ s~, ~, N~ Y~.a~'~:~ P. M. ~ ~ 1~ ~'~e f~ ~ ~ ~f. the ~n of ~old, 1~ ~ ~ng f~ "A" ~- &n~ ~ ~r~ D~ct ~ "B~" ~ D~t~t ~e fol- 1~ d~d ~y: ~ ~t ~ trot or ~1 of la~ ~ at ~tti- tuck, In ~e To~ ~ ~o~ ~ty, N~ York, and &~d ~ foB~s: ~G at a ~ncre~ mon- ist ~t on the ~u~er~ ~e erly c~er of ~d of ~ ~nd ~e and ~el Co~. ~d of ~ ~ No~h ~o ~, 10' ~t, 71~ feet ~ a ~ncre~ ~y; thence ~g ~ land of M~ ~th 21~ ~' ~" ~t 513.~ f~t ~. a con~ ~n~n~ ~t on the n~herly ~ of Old ~in ~; th~ ~ ~ ~e of Old ~n ~d, ~o ~s as f~s: (1- ~ ~o 57' 20" W~t 28.88 f~t; ~e (2) ~th ~ 1~' ~ ~6 feet ~ .~ ~n ~ a~ l~d of ~ Naw- ~; ~e ~ sa~ ~ of Na~, ~r~ ~ ~s: (1) No~ 9° 59' I0" ~ (2) ~u~ 52° 13' ~" W~, 191.~1 f~t ~ ~ ir~ ~; ~e (3) ~uth 16~ 2~' ~ ~t, 1~.~ f~t ~ a ~e ~t ~ on the n~rly ~ ~ Old ~n ~ad; ~ alo~ ~ ~ of Old ~n ~ ~u~ ~o 34 ~" West 2~.14 f~ ~ a ~re~ ~d ~ld l~d of ~ng ~ ~e ~d ~el ~., ~e~e sai~ ~ ~h 23~ 90' 50" 1~.53 feet ~ the point of be- rg, ~ 4.269 ~r~. ~. By cha~ f;om "A" ~si- d~tlal a~ ~cult~ ~strlct ~ ~2 Bu~ D~trlct the fol- ~1~ d~rl~ ~r~y: ~ t~t ce~ trot er ~r-. ~Ido~: ~ ~t~ 'at ~en- ~ffo~ Co~ty, N~ York, and mere ~rt~arly d~ as . ~ ~ on ~e ~u~w~rM comer of Sflve~e~ ~, whe~ ~d ~ c~ In ~r~on f~m ~ ~M ~ w~rly ~se .~ a ~ a~ ~erly, ~; ~ the~e ~u~ 1 W~ ~o~ ~e w~terly line · ~ ~ ~8 feet, mo~ ~ ~ ~ ~e or~ high ~en~ w~ly ~ ~ld ;~ ~k ~ 1~ feet ~ or ~e~,'~nd now or ~erly of Sl~er; '~ ~ ~l~ ~t mmtlon~ lan f~t, mere~ 1~, ~ ~ ~n ~ ~t ~ ~e ~ther~y. line of ~ ~ ~r~ ~5 m~u~s ~ ~ ~e ~therly l~e of ~- v~er~ ~d 1~.~ ~ ~ ~e ~t or p~e of ~. 3~ ~ c~ f~ ,'A" ~- ~ ~d ~ult~al Dlst~ct ~ "~" ~ ~t~et ~e fol- ~ d~b~ ~rtY: ~ t~t ce~in trot ce ~ur- ~1 of land ~ma~ at ~ent, tn ~e ~ .of S~old, .f~k ~ty, N~ York, and mo~ ~c~ly ~d~ and ~ ~ fo~s: P~ I ~ ~NG at l~*te left connect, lng the said mmtherly side of lUg~rk View Lane with the easterly side of Three W~ters Lane; thence northeasterly along said last mentioned curve having a ra- dl~ of 110 feet a distance of 96.99 feet to the southerly side of lot $ on said ma~; thence along the said southerly side of lot 5, scatth 86. degrees 49 mln- ute~ _~_t 15627. feet t~ land acw or formerly of Young; thence ?o~h_~m- last mentkmed land 0'degrees 20 mlnutee 40 seconds west 4~.72 ~eet to the ncetherly side of Me/u l~oad pl~L, .~ve sPeCmed. DA~Z): ~F. AY lS, 1~ BY O~ OF TI~ ~)UTHO~D TOWN BOARD. /~OWN CI,~K lt~28 .~.~c'-~ being duly Sworn. ~rinter and Publisher of the SU~"FOLK =blished at Greenport, in said county; which the annexed is a printed copy, ;he said Suffolk Times once in each (l~cate); thence along the sald l no~,'~erly side,of Main Rosxi the l ....................................................................... week~ following 2 courses and dis- ~ __ . ~-. tances: (1) Igor2& 86 degrees 15 f on the ....~:...~....~..~...~.....~:...:~:~(~.~..~ .. ~u~s 30 seconds West 369.08 , ~ .~ ' feet and (2) westerly 167.48 feet --.-~.--;.-:;----.- 19~.~1... .... ' .... to the eomer formed by the in- % ~ .~ ~- ~_~.~, ~ . tersection, of the said ncetherly .......... ~"-~"~-~'-'~- ................ s~de of Main l~ad and the said ....~..-~...L[ ........ e~.~terly ~de of Plum Island Lane ami thence along the said easterly side'of Plum Island. Lane, north 1 degree 02 mln- ute~ 20 seconds east 382 feet to the ccener a~or'esald ~t the point ce place of beginning. ' PAROle, II -- Beginnh~ at the intereeotio~ of the north- erly line of the Main Road with · the westerly line of Plum Island .r. ane, from-said l~oint of begin- ming rtmrdng along said north- erly line of the Main Rom/ S. ~8° 55' 40" W~11'~4.95 feet to land ~f Tabor; thence along said land of Tsbor N. 1° 43' 00' W.-189.4~ feet; thence along Lot 51 as si~wn on "~p of Section 2, Orient by the Sea", flied In the Safl~//f~/r Clerk's Office ~ Ma/, ~f~ ~M~I~ 0° ~50" line of a ~.rop~ed highway to ,be known 'a~ P/~rk View Lane; thence alon// said southerly line S.~ 88° 5?' 40" ~E.-185.80 feet to said we~erly, line of Plum IS- head Lane; ~/~hence along said westerly Une S. 1° 02' 20" W.- 3a~.76 feet to the point of be- 4. By changing from "A" Resi- rentkal and Agricultural District to "B-2" Busines~ Dlsteict the fol- lawing desc~oed property: Ali t~mt certain tract or par- cel of la~d situated at Cutch- o~e, in the Town of Sauthold, 81fff~lk C~unty, New York, and more p~rticula~ly bounded andi d~cr~bed a~ fm~gws: ~EG~NNIN~ ~t a point on te northeasterly line of Orlfflngl ~treet at the westorly corner of[ land ~ Sch~eider; thence run-[ 'ning along 'said northeasterly[ ~lne ~f. ~riffir~ Street, three ~otU~es as folh~ws: (1) N. 39° W.-4.~6 feet; thence (2) N. 49° 34' 40' W. 122.50 feet; thence (3) lq. 38° 05' /4)" W.- f~54.91 feet; thence northeasterly ~ ~ ~u~ve k~ 'the .fltht havini h rmltus of 24.56 feet a distance of 39.01 feet to ~ southeasterly · ~ne of School House Road; thence alon~ said southeasterly ~l~e,' N. 5~'° 55' 20" E.-144.10 feet; thehce along land of Wick- hem t~o courses as follows: (1) l~ 3?° 04' 40" E.-219.84 feet; thence (2) S, ~{° 53' ~" E.- -~B.04 festf, thence along said ~ of %Vlckhe, m and along land ~ Case, S. 3?° ~0' 20~ E-140.55 feet; thence ~,,ong la~d of Wolf, S.. 3~° :~' ~0~ El- ~520 feet; thence ~Gong said land of '--~Schneider, S. 51° 55' 40" W.- ~ feet to the point of be~. BEG]~/i~I~t' the lntersec-{ t/on of thdl~or]2~ll~erly line of l .school ~ ~oad~w~.th the[ so~thwesierly line of! '.~f~- 1 frog Street ~nd along said soutl~westerly line/ of ~rifiing Street, two courses ~s foll~vs: (1) S. 38° 05' 40" E.-635.81 feet; thence (2) S. 49' 34' 44)" 3E.-122.98 feet; thence t2n'ee courses and dis- tanees as folews: (1) S. ?0° 28' 40" W.-~3~q feet; thence (~) S. 39° 51' ,14)" W~-185:5~'-feet; thence (5) N. ~'/°'13' 30" W.-'/90.57 feet; thence along other hu~ of the the corner formed by the inter-{ {petitioner herein on the direct soction of the southerly side of[ ah'ten~ion southwesterly of said ~ View Lane and the e~t-{ northwesterly Une of ~.,h~o~l erly side of Plum Island ~-~ne ] ~ l~ad, N. 5:1° ~' ~0' E.o ~ f~0m sa~i im01nt of begin-{ -167.$9 feet to the point of be- ~dong the said southerly side of ~ A~y pem~on _cle~lp_~ ~ to ,be heard Term C~pi,.c~ LIarch 30, 196/-7 Bleu Yoz~ S.uffo2A County, A.LI ~t ce.~~ tr&et or pUtOUt1 of 3,and suffo3A County, BSew Yo~, -.and more. per~.~Luzl.¥ BBSfllii~ at a c0tMrete ~m~__~t ~ Cm tho ~.3~--~ of .land of 'Long Zo~ Zae md rueA corp. .and runn~ t3Mm4m a~ 8i.td l.toe of Main amd 2.0 monument and Lurid of l~mnk M~Y~ ~ &X~ $13,03 .fO~ 'tO a conermt, m mo~~t let On ~ northerXy l.J~e of Old -MaAn 3toed~- ~ mXoag fO~lOviit (1) So~th 56e 57' 20" #O11~ .28,88 thence. (2) South= 840 42' lO -~ .Molt: 288, -26. fillt foot on b noz~rXy X~ of OXd ~ Boad-t thence of' OXd AnOn IMnd 8ou~ 88e ~. land of ~aug J~~d .X.*ee mm~ ~ coz'p., i~.S3 .~t to the that ~.in-~ mr ~.1 of Xamd t.t'~am~ ak ~, tn the ~ of lmutbmX.d, county..ecu ~'M'k. and more mere ~ ~28 'foo~. m0r~ or lesi to tho or'd~ h~ ..~u~ uark of pLpe~ corot run, ntug ~ ~ ~'3m Suffolk County, H4M Y~, and moare pnrt~i~larZy dod nd ~er~ aa follo~,, curv~ hav tn~ a ra~ of IlO ~ a ~~ 0£ ,to .X-.~d .no. or ~~rXy of Young.; ~ al.ouq~ saLd left ment~ Land SOu~ 0 dogroodJ 20 ~tO. 40 ~ w~ot 4J~.72 feet ~o ~ nobly $&do soeaB~ ~est 369.08 feet and (2) ~ _,-ret.IF I S?.~ feot corner ~maed b~. the iater~.~ of ~ 1 ~egzee 02 ~t~u 20 sec~ds e.a~t iMt2 t~et to ~ ltn~ Of the ~Ln ltoad .,~. ~.e 55' ~" ~.-174. 9S ~ S. l* 43 * ~' w;, -10-9. 48 feet Lot S! ,~3444, ~'. 0" 30' 50'~ iS.-202.~ feet line of a proposed 40" 1r,,.-~.5.80 ~e~ e.o ts&Id wefte:Fly 1~. Of .Pl~fa 20'~' ~.6278 .bet ~ ~ po.~t property,. $.uffolk County, How York, and ~~ ~ ~11ow. wm (1.) M. 39°. 09' 20" ~r.-4.56 the-rJ~ght ~~ a radtu~ o£ 24.56 if. SS' 20" ~.-144.10 t~ot~ ~e al'.on~.~ ~.- :~19.84 feet~Lth~e (2) ~. 36° S3' ;20" ~.-~06. 04 20' 20" .~,-140,$6-£oet-~ ~ a%o~ load. of -ol~, ~, 3?° 34' ~0" ~,-35.20 feet% three. &l.onq sa:id .!. :~d of $,~n~lder, $, $1' 5S' 40" the line. o~ ~! House .Woe. d w%..-~ the sou~ter,ly lAM of GrtEEt~ Street and .ruun. in~ .aloe~ ~ lead follem! (%) is. 38°. OS* 40" B.43S.81 bet~ (3) $. 49* 34' 40*' B.-X2~'.SIB foot; th~ ~.amroo8 (X) fr. ?0° 28* 40' M.-Z3,67 .foo~j bm:Mi (.2)fi,, 39' $1.' 40" LBS. SS bet.; t..hen~e (3) ~. 37° ~3' 30 "' w.- ~~ .~erly o£ &nAd ,noF~t~rX¥ I.~ o£ should appmmr at the t~ aud pl~ ~ IpOe':tf~ TaB Toee ~Amm miL ted to ~ foX3.mu:Lmg on 0es¥ 10, .lOIS~ et eX Southold Town Planmng Board .ciOUTHFILD, L. I., N. Y. PLANNING BOARD MEMBERS John ~Y/ickhern, Chairman Alfred Grebe Archlb~Id Youn$ REPORT TO: Southold Town Board 16 South Street Greenport, New York May 12, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 11, 1965: aeneme d d In the matter of the/petition of William Baxter, Jr., and others for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property located in Cutchogue, in the Town of Southold, Suffolk County~ New York, and more particularly bounded and described as follows: PARCEL Z,- BEGINNING at a point on the northeasterly line of Griffing Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Griffing Street, three courses as follows: (1) N. 39° 09' 20" W.-4.56 feet; thence (2) N. 49° 34' 40" W.-122.50 feet; thence (3) N. 38° 05' 40" W.-554.91 feet; thence northeasterly on a curve to the right having a radius of 24.56 feet a distance of 39.01 feet to the southeasterly line of School House Road; thence along said southeasterly line, N. 52° 55' 20" E.-144.10 feet; thence along land of Wickham two courses as follows: (1) S. 37° 04' 40" E.-219.84 feet; thence (2) S. 36° 53' 20" E.-306.04 feet; thence along said land of Wickham I~ and along land of Case, S. 37° 20' 20" E.-140.56 feet; thence along land of Wolf, S. 37° 34' 20" E.-35.20 feet; thence along said land of Schneider, S. 51° 55' 40" W.-131.92 feet to the point of beginning. PARCEL II - BEGINNING at the intersection of the northwestly line of School House Road with the southwesterly line of Griffing Street and running a~ong said southwesterly line of Griffing Street, two courses as follows: (1) S. 38° 05' 40" E.-635.81 feet; thence (2) S. 49° 34' 40" E.-122o98 feet; thence three courses and distance as follows: (1) S. 70° 28' 40" W.-23.67 feet; thence (2) S. 39° 51' 40" W.-185.55 feet; thence (3) N. 37° 13' 30" W.-790.57 feet; thence Report to Southold Town Board -2- Baxter & others along other land of the petitioner herein on the direct extension southwesterly of said northwesterly line of School House Road, N. 52° 55' 20" E.-167.39 feet to the point of beginning. It is hereby ~e RESOLVED that the Planning Board favorably re-recommends to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of William Baxter, Jr., and others aB described above. The Planning Board most urgently request that this change of zone be given favorable consideration as soon as possible. This change of zone is in line with the expansion of the business district in Cutchogue. RespeCt fully submitted, Southold Town Planning Board bd F1FFI ERK SOUTHnLD, L. I., N. Y. April 28, 1965 Mr. John wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The original petition of William J. Baxter, Jr. and others, relative to change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain property situated at Cutchogue, 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. AWe/mr Very truly your,~ Albert W. Richmond Town Clerk C, SF. STATE TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, BIODIFICATION OR ABIENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLk COUNTY, NEW YORK. PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: ltuate t Outchogue, New York and more particularly bounded and described as follows: BEGINNING at a point on the northeasterly line of Griffing Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Griffing Street, three courses as follows: (1) N. 39° 09' 20" W. 4.56 feet; thence (2) N. 49° 34' 40" W. 122.50 feet; thence (3) N. 38~ 05' 40" W. 554.91 feet; thence northeasterly on a curve to the right having a radius of 24.56 feet a distance of 39.01 feet to the southeasterly line of School House Road; thence along said southeasterly line, N. 52° 55' 20" E. l~.lO feet; thence along land of Wickham two oou~ses,as~ollows~ (1) S. 37° 04' 40" E. 219.84 feet; thence (2) S. 36 53 20 E. 30o.04 feet; thence along said land of Wickham and along land of Case, S. 37° 20' 20" E. 140.56 feet; thence along land of Wolf, S. 37° 54' 20" E. 35.20 feet; thence along said land of Schneider, S. 51° 55' 40" W. 131.92 feet to the point o£ beginning. BEGINNING at the intersection of the northwesterly line of School House Road with the southwesterly line of Griffing Street and running along said southwesterly line of Grilling Street, two courses as follows: (1) S. 38° 05' ~0" E. 635.81 feet; thence (2) S. 49° 34' 40" E. 122.95 feet; thence three courses and distances as follows: (1) S. 7C)~ 23' ~O" W, 25.67 feet; thence (2) S. 37~ 51' aO" ~4. 15~.55 feet; thence (3) ~. ..?~ 13' 30" W. ~o~ =~ ~,~--7, feet; thence along other land of * 2. I do hereby petition the To,va Board of the Tow~ of Soutbold to change, modify and amend tt~e Building Zone Ordinance of the Town of Southold, Suffolk County, New York. including the Building Zone Maps heretofore made a part lhereof, as follows: F~om "L" Residential and :~gricultural District to"Y~-2"Business. * the petitioner herein on the direct extension soutbwesteri;/ of sai5 northweeterl~ ~'- e ~ Lmm of School House Road, ~. 52~ 5~' 2/,," ~. 1G?.59 feet to the point of besinni~g. 3. Such request is made for the following reasons: This area on both sides of Grilling Street is a preferred ex- tension of the business section of Cutcho~ue which is greatly in need of an exp. amded area. It is off the ICain Road (Route 25) and with new construction amvle parking space can be provided. This is not within an established residential section and ~he premises are vacant and ~u~- ~lS e,~. ~'ro~erties to the east and south o.£ parcel one ar~ zoned "B" Business. S.) William ~Baxter, Jr. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ............... .~.5,.1. ]:.~,.a...m....~,...]~¢;.J~.~.~.. J.J?.? ........... 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 hisiSri~r) 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. ~lillia~, J. Ba~(ter, Jr. Sworn to before me this 26th 0ay of April 19~?... : ... , :/ . ,///,..~ ........ 3;'"r' ....... ~'"~'~ ............................. ; · :'""~": .... ~ Notary Public. CASE i'50: ._[..!'.'~. .......... STATE OF IWEW YORK PETITION TOWN OF SOIJTHOLD :rH M TTER OF THE PETITION OF A IOIA BAX 'm% BERT ~(.'GOEL~-~. ~.. ~AI~E P. G0F ~[:~, Ir',.~ WAJ..,,L,.LAZ'J. ~. BA~TER, SR. FOR A CHANGE, MODIFICATION OR AMENDME1NT OF ?HE BUILDING ZONE ORDIN- .~NCE OF THE TOWN OF SOUTHOLD, SUFFOLK COU1NTY, NEW YORK. ~,~TE P. GOF.~,r.~ end l/X'r/r,TJIJ4 Jo B~XTERj SR. 1 .................................................................. residing at ...(~X,X~t:~*~l~l~,e~..l~.~..~l?~ ..... (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at .~J~.~.~...N.~..~(~. ........... and more particularly bounded and described as follows: BEGI~I~ING at the inte~leotion of the no~th~ste~ly ~ne of ~ehoo! House Road ~ the ~outh~eite~.l~ line of (~2ffing ~t~et ~nd r~tng along maid southweate~!y line of Grilling Street, two coupes as follo~l (1) S. 38e 0%' ~0' E. 63%.81 feetl thence (2) S. 49° ~' ~0' E. 122.98 feetl thenc~ al~g l~d of the Ro~ Oa~olic Diocese of Ro~k~lle C~t~e ~e e~ses ~d dist~ees as follows~ (1) S. 70e 28' ~.0"W. 23.67 feet~ thence (2) S. 39e %1' ~0' W. 185.55 feet~ thence (3) I~. 37e 13' 30' W. 790.%7 feet~ thence alon~ othe~ land of the petitione~e hePein on the direct extension s~Athweste~ly of said northwesterly line of School House Road, N. 52e 5%~ 20' E. 167.39 feet to th~ point of beginning. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, as foI]ows: F~om nAn ~eeidential and Agricultural Ptst~iot ~ nBn B~siness Dist~iet 3. Such request is made for the follo~ving reasons: This pa~eel is di~eotly opposite to the west of the p~mises fop which a oha~ge of s~ne is being meq~est~d ~y William J. Baxter, T~Xs a~ea ~n both sides of G~iffi~g Street is a p~efe~ed exte~si~ of the bmsiness seetl~ of ~utehogme ~hieh is g~ea~ly i~ need of an expanded a~a. It is off the Hain R~ad (R~Ate2%) and new c~mst~Acti~, am~le pa~king space has to be p~widcd. The p~pe~ty is vacant. Robert A. '9oelIer, STATE OF NEW YORK, ) ) SS:-- COLrNTY OF SUFFOLK, ) (L.S.) (L.S.) Patricia Baxter ~J~ne P. Goelle~ 1 William J[fiaxt~r, Sr. "~'~ ?'~' ----"~**'~---- "'~'~'"' "*'lt/~l'[[f~'~elll~ne~d~i[~lInJ~,~h~t'~lle 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. (L.S.) &~/~ ,~'¢ ~ WiIlt~ J.~te~;" J~. ( ~. s. ) ~. ~. ~ ~ .... Patricia B~ter 2 Z/: J~o___~~P. Goell~ ~ ~ Notary Public. WILLIA',! t~OTARY ~>'IBLIC,STAT£ OF NEC/ [~uali[ied i~ 5ui£olk Cnunty CASF r o: .!..l.. ..... STATE OF NEW YORK PETITION TO\VN OF SOIJTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR Ai~iENDMENT O£c THE BUILDING ZONE ORDIN- ANCE Of' THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, W~IJ~ ,]', BJ~,~'~R, ~11~, , residing at (insert name of petitioner) Suffolk County, Nexv York, the undersigned, am the owner of certain real property situated at 8ohneideFJ f~om said point of beginning Punning e~on$ .said no~easgePl2 O~t ~0" M. 5~.91 Footl ~oo noP~oalto~l~ ~ a ,~o to ~o ~t ~s 20" E. ~l~J~.~0 Foot to ~d ~ W~o~;_~oo ~g n~d l~d of i~o~ ~ O~PIOI aa FOi~MI (1) 8, ~7' 0~e ~0" ~. 219.~ Foo~J ~oe (2) 8. ~6° ~m 20" E. ~06.~ Foo~J ~o ~& o~d ~d oF W~ ~d t~ Z~d ~ ~uo, 8. ~7° 20t 20" E. ~.~ ~eo~J ~oo ~S ~ o~ ~) S. ~7* ~t 20s ~. j~.20 Foo~I ~oo ~ o~d ~d oF 2. I do hereby petition the Town Board of the 'rown 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 ~ part lhereof, as follows: P~om uae Relide~t~al and Ai~,~_au'liaz~ll I)~ltPiet to "B" ~e~nees DistP~ot. 3. Such request is made for the following reasons: ~he pa~eel~ to the eas~ and ~Ath of the p~eeti.e~ a~e zoned nB" Busineon. ~enAs &~ea in the natural ®xtenni~n of the business .eetion of ~utehog~e village. The applioant ~_-_- ~eeeived many in- quiries and is no~ negotiating ~ith a p~ospe~tive pu~chase~ fo~ a pa~t of the p~e~ises fo~ a b~sineas Aooation ~ith sufTielent ~omu fo~ pa~king and with o£~-~cute ~ loeations, business in ~teho~Ae can be vastly stisaalatedo 1~me p~ope~ty is v~ean~ and the~e a~e no ~eside~cea adjoining o~ in the lm~aediate vieinity. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ..... ..i~...~A~..~.K..~.~...~.a .................... BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knmvs 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. William 1. Baxter, ~. Sworn to before me this ..~..~.hy.. da3' of .....~i~- ................ 19.~-.. TOWN BOARD MINDTRS January 14, 1965 Present: SUPERVISOR LESTER M. ALBERTSON JUSTICE HENRY CIARK JUSTICE RALPH TUTHTT.?, COUNCI¥,MAN HOWARD VALENTINE TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND WLLLIAM BAXTER, JR. WT?.?./~ BAXTERm JR. AND OTHERS COVE BEACH ESTATES DF.~$~ H% CHEW & JOHN M. RODDEN TOWN BOARD MINUTES January 14, 1965 Present: SUPERVISOR LESTER Mo i~LRERTSON JUSTICE HENRY CIARK JwJSTICE RALPH TUTL-TTT.T. COLTNCTLI~AN H(YWAR. D VALENTINE TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND WTT.T.IA~ BAXTERm_ JR. WTT.?.L~/~ BAXTERm JR. AND OTHERS COVE BEACH ESTATES B~ CH~E. (m~ESE) DEIJ.~ II,. CHEW & JOHN Mo RODDBN SUPERVISOR ALBERTSON: It seems to be 7:30 so I will open the hearing by reading the legal notice as it appeared in the Long Island Traveler-Mattituck Watchman. "LEGAL NOTICES, NOTICE OF HEARING ON PROPOSALS TO AMEND THE ZON/-NG ORDINANCE. "Pursua~to Section 265 of the Town Law and Article /3(, 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 14th day of January, 1965, at 7:30 P.M., 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 changing from "A" Residential and Agricultural District to "B" Business District, the following described property: "All that certain tract or parcel of land situated in Cutchogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning at the intersection of the northwesterly line of School house Road with the southwesterly line of Griffing Street and running along said southwesterly line of Griffing StEeet, two courses as follows: (1) S. 38° 05' 40" E.-635.81 feet; thence (2) S. 49° 34' 40" E.-122.98 feet; thence along land of the Roman Catholic Diocese of -3- Rockville Centre three courses and distances as follows: (1) S. 7~° 28~ 40" W.-23.67 feet; thence (2) S. 39° 51' 40" Wo-185.55 feet; thence (3) N. 37° 13' 30" W.-790/57 feet; thence along other land of the petitioners herein on the direct extension southwesterly of said northwesterly line of School House Road, N. 52° 55~ 20" E.-167.39 feet to the point of beginning. "Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. "DATED: December 22~ 1964, BY ORDER OF THE SOUTHOLD TOWN BO~, Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: I will now read the recommendation of the Planning Board. An affidavit of publication on the legal notice is in the file. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on December 14, 1964: "In the matter of the petition of William J. Baxter, Jr, for a change of zone from "A" Residential and Agricultural District to "B" Business district on certain real property located in Cutchogue, and more particularly bounded and described as follows: (the legal description was not read again) -4- "It is hereby RESOLVED that the Southold Town Planning Board recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of William Baxter, Jr., as described above. "This change of zone will be in line with the natural expansion of the Business District in Cutchogue village. There are me other businesses in the immediate vicinity, and there are no residents nearby. "The Planning Board also recommends that the roads, Grilling Street and School House Road, be widened as shown on the map by Otto Van Tuyl & Son, dated November 23, 1964, map no. 1934-6. "Respectfully submitted, /s/ John wickham, Chairman, Southold Town Planning Board." SUPERVISOR ~X,RERTSON: At this time is there anyone present who wishes to be heard in favor of this application? WI~,nZAMWICKI~A~, ESQ.: M_r. Supervisor, X appear here on behalf of the applieant who is also here. I would like to bring out a few points. As you said this is the parcel on the east side of Griffing Street. It extends from the Post Office, north to School House Road. The frontage is 700 feet, the depth on the south is a little over 130 feet, the depth on the north is 160 feet. There is about 2 1/3 acres in the parcel. X want this brought out because I understand there is -5- some misunderstaning about the acreage. We are asking for a small acreage. Parcel number two is directly across the street on the west side and that is a little bit over 3 acres. We are asking in all for about 5½ acres. The reason that the two parcels are separate applications is because the ownership is slightly different. Our purpose for asking you people for a change of zone is for this reason. This is an extension of the Cutchogue Business District. The property is bounded on the east by business propertyt on the south by business property. This is not residential property in the sense that it has no residents and it never has. A few years ago we were asked by this Board to dedicate the extension of School House Road. We were also asked to dedicate this land by the Cutchogue Fire Department. You requested it because you wanted to enlarge the parking lot in front of the Post Office and make a more orderly means for the cars to get around the villlage and not block Griffing Street and the Main Road. The Cutchogue Fire Department wanted this improvement for the reason of a facilities to protect the business interest dedicated the lands for these roads in 1962. fire well and for ready in Cutchogue, and we Now the traffic on those roads and around those parcels is primarily 100% business, or for business purposes. People are going to the Post Officer going to the business in Cutchog~e. They are not going for any pleasure angles. Ma~er of fact, the Planning Board has recommended that these -6- roads be widened to 60 feet and they recommend that this widening start within 75 feet of the Main Road. In other words, the widening .will not only help the property, but also the businesses in Cutchogue. Now,we think it is a natural expansion of a business district right within a samll village. I think that you people are going to be face~, as well as other towns are now b~ing faced, here in Southold Town with applications for changes of zone some distance from what is the present business district and that should cause difficulty. We shQuld extend our b~siness district here and not outside of the village. It brings people within the area, and business creates business. Those areas which are zoned commercial or business, outside of the village, draw business away and take people away. In asking for this change we have no theory of directly bringing in other business in acute competition. They want to develope this section. As a matter of fact, I hope that he will not house a firm of attorneys. Lets get back to this competition. It can be that more business in the future could increase the present businesses. There is no way of stopping it. As I said, business crea~es business and when you put up a business establishment, those that are already in the business is urged to fix up their stores and get out and sell. To those people who don't want business to come within a business area, they face stagnation. You got to have business come in and you got to have a business property expansion within certain limits. People want to go to places where they can get -7- a great number of items. With a number of businesses in an a~ea you are bQund to increase your business. To these merchants that are there already, they should not have negative attitude, they should be positive. Get compatible business in here and increase your own business and don~t have a negative attitude. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this application? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition to this change of zone? RICHARD CRON, ESQ.: I think my remarks would be premature at this time. I should like to wait until the parcel on the west s/ds of Grilling Street is read so that I may address my remarks to both parcels. SUPERVISOR ALBERTSON: We would have to close this hearing first and open the second hearing. RICHARD CRON, ESQ: These two application are so very close. Of greater importance is the west side of Griffing Street. To address my remarks to the east side, requires that the west side also be read. I believe that Mr. Wickham~s remarks were addressed to both parcels. (There was some discussion on the procedure so that Mr. Cron's remarks could be addressed to both applications at the same time.) -8- RICHARD CRON, ESQ.: My remarks directed to the parcel of land on the west side of Grilling Street will in part be also directed to the parcel on the east side of Griffing Street here in now presented. WILL,tM WICKHAM, ESQ.: I would like to o~ject to that. I directed my remarks to the east side. I will have mope to say on the west parcel when it comes up. (It was decided to close the hearing so that Mr. Cron could address his remarks to both applications of Baxter,and in making his remarks he would determine between the east side parcel and the west side parcel.) SUPERVISOR ALBERTSON: Does anyone else wish to be heard in opposition to this application? (There was no response.) SUPERVISOR ALBERTSON: Does anyone wish to be heard one way or the other on this application? (There was no response.) SUPERVISOR ALBERTSON: I will close the hearing at this time for the further deliberation of the Board and we will proceed with the next hearing. -9- SUPERVISOR ALBERTSON: We will now continue with the second hearing. "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 Cutchogue in the Town of Southold, Suffolk Coutnty, New York, and more particularly bounded and described as follows: "Beginning at the intersection of the northwesterly line of School House Road ~ith the southwesterly line of Griffing Street and running along said southwesterly line of Gri6fing Street, two courses as follows: (1) S. 38' 05' 40" E.-635.81 feet; thence (2) S. 49° 34' 40" E.-122o98 feet; thence along land of the land of the Roman Catholic Diocese of Rockville Centre three oourses as follows: (1) S. 705 28' 40" W.-23.67 feet; thence (2) S. 395 51' 40" W.-185.55 feet; thence (3) N. 37° 13' 30" W.-790.57 feet; thence along other land of the petitioners herein on the direct extension southwesterly of said north- westerly line of School House Road,N. 52° 55' 20" E.-167.39 feet to the point of beginning. "any person desiring to be heard on the proposed amendments should appear at the time and place above specified. "DATED:December 22, 1964, BY ORDER OF THE SOUTHOLD TOWN BOARD, Albert W. Richmond, Town Clerk." -10- SUPERVISOR ALBERTSON~An affidavit in the file indicates that publication was made of this legal notice. I will now read the recommendation of the Planning Beard. "Gentlemen:~his is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on December 14, 1964.: "In the matter of the petition of William J. Baxter, Robert A. Goeller, Jr., Jane P. Goeller, Baxter, Jr., Patricia and William J. Baxter, Sr., for a change of zone from "A" Residential and Agricultural District to "B" Business District on ~rtain real property located in Cutchogue, and moEe particularly bounded and described as follows: (legal description was no read again) "It is hereby RESOLVED that the Southold Town Planning Board recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District, on the property of William J. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., Jane Goeller, and William J. Baxter, Sr., as described above. "This change of zone ~ill be in line with the natural expansion of the businnes district in Cutchogue Village. There are nother businesses in the immediate vicinity, and there are no residents nearby. "The Planning Board also recommends that the roads, Grilling Street, and 6chool House Road be widened as shown on the map by OtteoVan Tuyl & Son, dated November 23, 1964, map no. 1934-6. -11- "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 application? WILLZAMWICKPL%M, ESQ.: Mr. Supervisor, members of the Board. I would 1/ke to appear on behalf of the applicants and I would like to have my remarks as stated in the first application repea~ed in this. (refer to Page 4 of same minutes for remarks on first application) This is the parcel accross the street from the first parcel. This is 3.2 acres and fronts on Grilling Street, a little over 600 ~eet. It is bounded by other property of the applicant on the North, on the west by the Roman Catholic Diocese, on the south by the diocese property and partly by two parcels belonging to the applicant. This' parcel is not well adapted in any case to residential ~ses. This property is readily adaptable to business property. Mr. Cron has some objection to this property since it is directly adjacent to diocese property. As far as the Church property is concerned, it does face on MainStreet, and commercial property adjoins on the east. It was adjacent to the Grilling House, which was torn down quite a few years ago. The north part of the property is partly used for parking, there is also that portion ~hat is overgrown with weeds, etc. To the west, of course is the School property. Part of the playground may extend north as far as this property we are asking to be changed. -12- I wish to point out however, that the Cutchogue Public school faces business property and property of John Wickham, and I have never heard any complaints about that situation. Mr. Cron feels that school house property should be in a residential area, but I am beginning to wonder if a school is not more of a commercial nature than residential. Fences are put up around schools to protect the other properties from the school children, rather than to protect the children from the adjoining property. As far as the diocese is concerned, Mercy High School was deliberately built adjacent at least on two sides by commercial property. It is up on Route 58, adjoining large commercial business, so I question any criticism of this property being converted to business property, merely because it is close to school property. SUPERVISOR ALBERTSON: Anyone else wish to be heard ~in favor of this application? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone who wishes to be heard in opposition to this application? RICHARD CRON, ESQ.: Mr. Supervisor, members of the Town Board, I rise in opposition to both o f these applications. I wish to bring to the attention of theBoard, and I do so not only as an individual, but as representing residents and 25 businessmen of Cutchogue, and the Reverend John C. Breaner of Saered Hearth Catholic Church. In all fairness, I feel I should read what is contained in this petition. -13- "TO: THE TOWN BOARD OF THE TOWN OF SOUTHOLD "It is respectfully submitted by the undersigned, residents of the Town of Southold and businessmen ~located in the Village of Cutchogue, that a proposed down zoning from Residential and Agricultural "A" to Business District "B" of lands belonging to William Baxter, Jr., and William Baxter, Jr., et al, situate on the easterly and westerly sides of Grilling Street, respectively, and North of Route 25, in the village of Cutchogue, Town of Southold, New York, all as more particularly described in the applications for said changes in zoning, be DENIED for the following reasons: "1. With respect to the large parcel of land situate on the West side of Grilling Street, it is to be noted that said parcel is bounded only by residential "A" properties, and R.C. Church property on its southerly boundary. To down zone this property form "A" to "B" would not constitute a reasonable or orderly expansion of the business district in the Village of Cutchogue. To the contrary, it womld constitute an expansion of the business area of Cutchogue village into prime residential lands which would eventually destroy the present business district of the village of Cutchogue. No sound reason exists to expand the business area of the village vertically when ample lands, a great deal of which are already zoned "B", are available to expand the business area horizontally. As previously pointed out, the parcel in question is presently not bounded on any side by Business District "B" property. -14- TO grant the proposed change,would open the do~r to an expansion of the Cutchogue business area as far north as the North Road, since those properties north of the parcel in ques~on could seek a change in the in the zoning map similar to that now proposed. Moreover, one would have to agree that their chances of success would be at least equal if not greater than the present proponent in that they could at least a~gue that their properties on the South were bounded by a "B" district; an argument, I respectfully submit, that cannot now be made in this applica~ on. "It may be further pointed out that in addition to the possibility of rendering the business area of Cutchogue a "ghost village", the welfare and safety of the students attending the Sacred Heart School in Cutchogue could be endangered by hazards attendant with the development of a business and shopping area immediately adjoining the school properS. For these reasons alone, it is respectfully submitted that the proposed change of zoning of the parcel on should be denied in all respects. "2. An additional reason for the westerly side of Grilling Street denying the proposed change of zoning, can be found in the fact that it will reduce the value of all existing business properties in the village of Cutchogue, and will further constitute a serious ham and detriment to each business man's invest- ment in ~e village. The truth of ~is statement can be readily ascertaine( from an application of the economic principle of "supply and demand". -15- "3. A further reason for denial of the proposed zoning changes stem from the fact that the character of the neighborhood will change from a quiet and peaceful one to a busy and noisy one, especially if the propseed business area is developed into a large shopping center. T~rucks, cars and other vehicles will pass and be parked there most of the day, and during the night, and will cause congestion, exessive traffic, and be dangerous to life, health and limb of children inhabiting the area. Moreover, the type of businesses permitted inthe "B" area is wide in coverage and could lead to unintended abuses to the residents of the Villlage of Cutchogue. "4. As concerns the parcel of land on the easterly sk~ of Griffing S~reet, it is conceded that some basis exists for a change in zoning from "A" to "B"; however# in thelight of the reasons theretofore set forth with respect to denying a change in zoning for the parcel on the easterly side of Griffing Street, and for the additional following reason: "This parcel is situated directly opposite the aforementioned parcel, seperated only by Griffing Street. If the parcel on the westerly side of Griffing Street remains residential "A", as it ~nquestionably should, then it would be more logical and practical to retain the parcel once easterly side of Grilling Street as residential. In such circumstances, the entire area North of the Cutchogue Post Office could remain as a prime residential community with the present business area of the village of Cutchogue servicing the residents. -16- "For all of the foregoing reasons, and to prevent irreparable harm to the businessmen of the Village of Cutchogue and to the residents of the Town of Southold, it is respectfully submitted that the application of william Baxter, Jr., and William Baxter, Jro, et al with respect to a change of zoning of the two parcels in question be DENIED, and that said paroperties remain zoned as Residential and Agricultural "A" properties." RICHARD CRON, ESQ.: As I told you before this petition is signed by 25 businessmen in the Cutchogue area. I would like to submit this to the Board. I have additional remarks that I would like to make° Mro wickham stated that business draws business. I would take some issue with this statement. People draw business. I think we are putting the cart before the horse. When Cutchogue is faced with development, business will naturally grow. If we allow such a development ngw, businessmen now in Cutchogue will become a ghost town. You can go further west and you can look at where shopping areas have made ghost towns. This is what can happen with this area. basis to expand the business district of Cutchogue on boundary. That property does not bound any other business prop~tyo What is to stop any one else from further appealing another 300 feet until this is a large business area° It should be a map of Planning of this Town. It clearly states fully on the basis of sound planning, There is no sound the west -17- that would constitute a shopping area. Until the time arrives, and I pursume it will some day, this property should not be change. Until we see a comprehensive plan I can see only injury to every Cutchogue businessman. They have investments in their businesses. There is no reason to take that additional property and bring in competitive business. SUPERVISOR ALBERTSON: to this application? Ai~GELLO PETRUCCI: business area. Anyone else wish to be heard in oppostion I don't see why they want to ~xtend this don't feel that it is necessary to do this. SUPERVISOR ALBERTSON: to this application? q WINSTON DAVIDS: I would like to Anyone else wish to beheard in opposition say that we are proud of our Village. We have the village Green and the old House. There was alot of work done their, and the people are proud of this. If this is changed to business no one knows what it will develope into. Maybe it may start as a business district. Business could fail and bring in such ~ings as sweat shops. I would li~e to see some oconsideration be given to the village Green. SUPERVISOR ALBERTSON: Anyone else wish to be heard on this application one way or the other. WILLIAM BAXTER. We have come to Cutchogue many summers, and I love Cutchogueo I believe we are the largest owners of property in Cutchogue. We always tried to build up Cutchogue. We are not trying WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ...... :W/.ll.lLam..Jo..~axt~..,,~r.o...&..(lthe,~ ...... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang lng from ....A?...~.es.,~..&.Agr.~c.,~ District to ..?,[]~.~L..~I/~t/,D~ ......... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigQtion, recommendation and report., and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....... 'i'~th...day of .................. ~...%t~...~. ..................... , 19...~.~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is grarlte~. l~y Oxder of th~ ~outhold ~ Board/ Dat~d~ July 7, 1965. Effective as of ~uly 17, 1~5. Alit W. itc~ T~n Cl~k -18- to tear it down. We do not want to bring in "sweat shops". I was the president of the Nassau Point Civic Association for 20 years. The biggest problem we have is Mr. Petrucci, and I donlt care, I don't like him. Where the Post Office is now, we bought the land and Mro Petrucci was digging up the top soil and selling it to the previous owner. Now we took the Post Office which use to have 100,000 letter a year° We built a plant in Mattituck~ and now that same Post Office has 250,000 letters in a day° We have changed Cutchogue from a second c]2ass post office to a first class post office. We didn't build any "sweat shops"° We did a great service to the Town of Cutchogue. A certain one on that petition was going to open a business in Cutchogue next week himself° The claim in that petition, in my opinion, is phony. We went to see Reverend Breaner, and we asked him about this. They told me that we were zoning 30 acres for business° We are not, we are zoning 5 acres for business. We will not tolerate anyone in his life that comes into my office and wants to zone 20 acres. I turned down alot of other people. This man that came to me and wanted to lease or buy our lando We want no part of him° All the talk that we are going to put in "sweat shops"° We have lived in Cutchogue for 20 years and we love it. And I am concerned~ we are trying to help Cutchogueo -19- I took a real estate agreement and bought part of the Bullock farm, and this is a mile away from Cutchogue. I own alot of property in Cutchogue. amile or two miles away is the Town Dump. I own an outstanding branch of Chain Stores. I am 65 years of age and I know what happens with property. different .ideas of life. Letls expand. a post office. got some land. than we do. I But my sone of 30 he has We are going to build A problem of Cutchogue now is land. Cutchouge has We got the land, and no one loves Cutchogue any more ~would like to say that living in Cutchogue we are more proud'of extending this business area. This was a phony petition that these people signedt and the lies that were told to these people. They thought we were zoning 30 acres, and we are asking for 5 acres. They have no real argument. RICHARD CRON, ESQ.: I am delighted that Mr. Baxter has built a plant in Mattituck, and built up the Post office in Cutchogue. However, he takes direct injury upon me when he says that the petition is phony, in regard to the amount of land involved. I personally went to see Father Breaner, and I personally told him how much land was involved. I never once told him there was 30 acres involved. I admit that we were of the impression that 30 acres were involved. When we found that we were wrong, we went to each and every person on that list, and eac~ and "eyery person let his name stand on that -20- list. Mr. Baxter's remarks that this petition is phony are malicious. I want to make it very clear that the remarks of Mr. Baxter are false, and the petition is 100% honest. Each person knew the exact acreage. SUPERVISOR ALBERTSON: Any one else wish to be heard on this application? ANGELO PETRUCCI: Those people from Nassau Point they don't like Mr. Baxter. They are against him. ~hey tell me if I come to the hearing I should talka~ainst this for them too. I can bring you tommorrow 40-50-60 names that are against this. I could show you this, he is a liar. SUPERVISOR ALBERTSON: Anyone else wish to be heard on khis application one way or the other? WILLIAM WICKHAM, ESQ.: Mr. Supervisor, I would like to point out that alot of these names on here stated that they are village business men. I don't think that Mr. Kull is a village businessman. Felix Doroski or wesley Morrell don~t seem to be village businessmen to me. John Malinowski seem to be looking out for himself. Frank Rogers and John Olsen don't seem to be in the village. If you will recall, originally this land was not in two parcels. It was all one large plot. The reason it was split was for the extension of Griffing Street, leaving this ~and split into two' parcels. -21- RICHAPJ)CRON, ESQ.: I would like to make one m~re remark. don~t know what is considered a village businessman, but I don't think the operation has to be directly in the village. SUPERVISOR ALBERTSON: IS there anyone else who wishes to be heard on this application one way or the other? (There was no response.) SUPERVISOR ALBERTSON: Anyone at all? (There was no response.) SUPERVISOR ALBERTSON: I will close the hearing at this time for the further deliberation of the Board. We will no proceed with the next hearing. *** SUPERVISOR ALBERTSON: We will now go to the next hearing, and I will proceed by reading the legal description as it pertains to this hearing. "3° By changing from "B" Business District to "A" Residential and Agricultural District the following described property. "All that certain tract or parcel of land situated in East Marion Town of Southold, Suffolk Coutny, New York, and more particularly bounded and described as follows: "PARCEL I - Beginning at the southwesterly corner of the present "B" Zone adjoining land of Latham and others on the South, and land of Guimaraes on the west, from said point of beginning running along -22- said land of Guimaraes, N. as follows: (1) E.-300.0 feet; ll° 26~ 1095.0 feet; thence four courses N. 78~ 34' E. 387.87 feet; thence (2) S. 56° 26' thence (3) S. i1° 26j E.-llS0 feet, more or less to the southerly corner of the present "B" Zone; thence (4) northwesterly 350 feet more or less; thence along said land of Latham and others S. 74° 17j 40" W.-450 feet mo~ or less to the point of beginning. "PARCEL II - All that certain tract or parcel of land situate, lying end being at East Marion, in the Town of Southold, in the County of Suffolk, and State of New York, bounded on the north by landor Cove Beach Estates, Inc., on the east by land of Fred Tabor, on the south by land of Joseph Boken, Estatest and on the west by land of Cove Beach Inco By changing from "B" Business District to "M" Multiple Residence the following described property: "All that certain tract or parcel of land situated in East Marion, in the Town of Southo~d, Suffolk County, New York, and more particularly bounded and described as follows: "PARCEL I - Beginning at a point on the ordinary high water mark of Long Island Sound at the northwesterly corner of the present "B" Zone adjoining land of Guimaraes, from said point of beginning running along easterly said high water mark 650 feet more or less; thence two courses as follows: (1) S. 339 341W.-400 feet more or less; thence -23- (2) S. 78° 34~ W.-387.87 feet thence along said land of Guimaraes, N. 11° 26' W.-350 feet more or less to the point of beginning. "PARCEL II - Beginning at a point on the ordinary high water mark of Long Island Sound 300 feet northwesterly along simd high water mark from point where said high water mark is interseceed by the southeasterly line of the present "B" Zone; from said point of beginning r~nning four cQurses as follows: (1) S. 33° 34' W.-250 feet more or less; thence N. 56~ 26' W.-350.0 feet; thence (3) N. 11° 26' W.-300.0 feet; thence (4) mark of Long Island Sound; mark 700 feet more or less N. 33~ 34' E.-350 feet more or less to said ordinary h~h water thence southeasterly along said high water to the point of beginning. "Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. "DATED: December 22, 1964, BY ORDER OF THE $OUTHOLD TOWN BOARD, Albert W. Richmond, Town Clerk" SUPERVISOR ALBERTSON: ~here is an affidavit in the file indicating publication was made of this legal notice. I will now read the recommendation of the Planning Board. "GENTLEMEN: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on November 24, 1964. -24- "In the matter of the resolution by the Southold Town Board to change from "B" Business District to "A" Agricultural and Residential District and to change from "B" Business District to "M" Multiple Residence the following described property on Cove Beach Estate~, East Marion, New York: (legal ~escription was no read again). "It was RESOLVED that the Planning Bard recommend to the Town Board the change of zone from "B" Business District to "A" Residential and AgricultUral District and from "B" Business District to "M" Multiple Residence on the Above described property of Cove Beach Estates, East Marion, New York "The Planning Board held a lenghty discussion with the president of Cove Beach Estatest Inc., and the Supervisor was also present at this meeting to discuss the change of zone. ~his change of zone meets the approval of all parties involved. "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 application? OTTO UH~: Supervisor and members of the Board. I am the president of Cove Beach Estates, and of course, I am in favor ofthis change. don't know to what extent I should go into this. Naturally I would like to see this changed. This change was brought about by the recommendation of the Town Board, and recommended by the Southold Town Planning Board. -25- The Ordinance as property was reason for this change now is to comply with the Town Zoning amended April 28, 1958. I want to pointout that this originally zoned as Bus~ness on September 11, 1957. These change~ do not alter our plans for the development of the property. These changes are both in the interest of the Town of Southold and Cove Beach Estates. I respectfully ask that the Board approve thd change of zone as read. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this change in zone? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak on this application one way or the other? (There was no response.) SUPERVISOR ALBERTSON: I will close the hearing at this time then, for the further deliberation of the Board. -26- SUPERVISOR AT.mERTSON: in bayview. own motion. This is a hearing on a change of zone This change of zone is requested by the Town Boards~ I will proceed by reading the legal notice. "5. By changing from "~" Industrial District to "A" Residential and Agricultural District the following described property: "All that certain tract or parcel of land situated at Bayview in Southold, in the Town of Southold, Suffolk County, New York, and bounded~ and described as follows: "Beginning at a point on the northerly line of North Bayview Road at the southwesterly corner of land formerly of J.B. Coleman; and running westerly along said northerly line of North Bayview Road 420 feet, more or less, to the easterly line of North Road to Bayview,~ thence northerly along said easterly line of North Road to Bayview 122 feet more or less to land now or formerly of Meadow Point Properties, Inc., thence northerly along said land of Meadow Point Properties, Inc., 1200 feet, more or less; thence easterly through land of Reese 450 feet, more or less to land formerly of Coleman; thence southerly along said land formerly of Coleman, 1200 feet, more or less, to the point of beginning. Containing about 12 acres. SUPERVISOR ALBERTSON: There is an affidavit in the file indicating that publication was made of this legal notice. I will now read the recommendation of th e Planning Board. ~Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on October 15, 1964: -27- "In the matter of the petition of the $outhold Town Board fora change of zone from "~" Industrial District to "A" Residential and Agricultural District on certain real property located at Bayview at $outhold, andmore particularly bounded and described as follows: (Legal description was nS read again.) "It is hereby RESOLVED that the Planning Board favorably recommends to the Town Board the change of zone from "~" Industrial District to "A" Residential and Agricultural District on the property described above. "Mr. Young has personally inspected this property and he feels that it should be changed to "A" Residential and Agricultural District. Mr. Reese appeared before the Planning Board to state that he was in favor of such a change. This piece of property is surrounded by residential property and Town property. "Respectfully submitted /s/ John Wick~hm, Chaimm, Southold Town Planning Board." SUPERVISOR ALBERT$ON: At this time is there anyone present who wishes to speak in favor of this applicatmor~? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this change? (There was no response.) SUPERVISOR ALRERTSON: Hearing none, I will close the hearing at this time for the further deliberation o f the Board. -28- SUPERVISOR ALBERTSON: I will open this hearing by reading the legal notice as it appeared in the Long Island Traveler-Mattituck Watchman. "6. By changing from "A" Agricultural and Residential District to "B" Business District the following described property: "All that certain tract or parcel of land situated in Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: "Beginning at a concrete monument set on t~e southerly line of Main Road, at the northeasterly corner of land of Long I~land Ice and Fuel Corp., and running thence along said line of Main Road, 52° 02~ 10" East, 717.20 feet to a concrete monument and land of Frank Murphy thence along said ~and of Murphy, South 21° 04~ 50" East, 513.03 feet to a concrete monument set on the northerly line of old ~ain Road; thence along said line of Old Main Road, two courses as follows: (1) South 56° 57' 20" West, 28.88 feet; thence (2) South 84° 42' 10" West 288.26 feet to an iron pipe and land of Frank Nawrock$, thence along said land of Nawrocki,three courses as follows: (1) North 9° 59~ 10" West, 268.88 feet to an iron pipe; thence C2~ South 52~ 13' 40" West, 191.51 feet to an iron pipe; thence (3) south 16° 26~ 40" East 168.34 feet to a concrete post set on the northerly line of Old Main Road; thence along said line of Old Main Road, South 88° 34~ 50" West, 246,14 feet to a ooncrete monument and said land of Long Island Ice and Fuel Corp., thence along said land North 23° 00~ 50" West, 108.53 feet to the point ~f beginning. containing 4.269 acres. -29- "Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. "DATED: December 22, 1964, BY ORDER OF THE SOUTHOLD TOWN BOARDe Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: There is an affidavit in the file indicating that publication was ~ade. I will now read the recommendation o f the Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on November 24, 1964: "In the matter of the petition of John M. Rodden for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located at Mattituck, and mo~e particularly bounded and described as follows: (legal description was not read again.) "It was RESOLVED that the Planning Board favorabl~ recommends to the Town Board th e change of zone from "A" Residential and Agricultural District to "B" Business District on the property of John M. Rodden as described above. "The Board feels that this is an ideal location for a nursing home in view of the fact that access may be obtained from the old Main Road, The Board also feels that this is a much needed use in the Town of Southold. -30- "The Planning Board also recommends to the Town Board that the properties adjoining this particular piece of property be zoned "B" Business District. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: At this time is there anyone present who wishes to spe~k in favor of this change of zone. ALAN BRAND, ESQ.: "Mr. Supervisor and members of the Town Board, My name is Alan Brand, the attorney for the petitioners herein and my offices are at 344 Portion Road, Lake Ronkonkoma. "Our petition is a request to amend the building zone ordinance by changing certain property from "A" Residential and Agricultural designation to "B" Business designation. The property is located in Cutchogue, having frontage on both Main Road and Old Main Road. More particularly having a frontage of 717.20 feet on Main Road, which is Route 25. Immediately adjacsnt to the westerly side of the preperty we are requesting to be rezoned is a gasoline station and to the east a Garden Supply business, across the street is the Mattituck Masonry Supply business and Tuthill~s Garage. "Route 25 in this area appeared characteristically to be a main business thoroughfare and therefore the rezoning in this case would -31- bring the character of the property into line with the existing character of the area. "The petitioners make this application for a change of zoning so that they may construct and operate a Nursing Home. Both Mr. Rodden and Mr. Alfano who are the petitioners herein are presently operating a Nursing Home in Lake Ronkonkoma and Mr. Alfano is the President of the Suffo3~ Company Nursing Home Association, and on the Board of the Long Island Hospital and Review Planning Council. to "We should like to draw/your attention, although we are sure you are aware of it, that there is no Nursing Home in this area, and that the site we are requesting to be rezoned is within 9 miles of the Central Suffolk Hospital. It is our feeling that the site we have chosen is a good one because of the fact that it has frontage on two roads, thus when the Nursing Home is constructed it will not only provide ample parking, but it will also permit us the opportunity of directing traffic onto two thoroughfares in such a manner that a traffic problem will not be created on the main highway. "We intend to erect the Nursing Home within five (5) years and at such time we would seek the advice and suggestions of the applicable Town Departments inthe manner and place of its construction on theproperty. "~hus since it is our feeling that the rezoning would be characteris- tic to the area and that the type of business we intend to operate would -32- serve a meed to the community and shall benefit the community, we respectfully request that the Town Board approve our application." ALLAN BRAND, ESQ.: One thing further. We are not coming in here and trying to tell you the character of your district. You know the character of your district. We are interested in benefiting the community. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change of zone? JOH~ MCNULTY, ESQ. : My name is John McNulty. of Della ChewI THE present owner of the property. of sale. I think the Board is aware of the great need of a nursing home. The one in Greenport has since closed and I believe the only other one we have is on 5th avenue. The parcel here has been the subject of change several times, and this generally will not require the recommendation of the Plan~ing Board. The Planning Board has found that the area is rapidily beooming commercial in nature. The business zone runs from the private road west, then east down along the northerly line of the Main Road. We have a gas station on one end on the west side. We have a real estate office nearby, and we have a nursery business on the east boundary of this strip of land. I note that the purchasers of the property are here tonight and they can answer any questions concerning the operation of the Nursing Home. I would strongly recommend that this change be made. As I said before, it is an important need for the Town. If any of you ever tried to place a person in a nursing home in the local area you I appear on behalf We are under contract -33- would find that you would run into problems. The Citizens of the Town of Southold should have a facility where people can go that will be in commuteable distance of the family. If they have to go west they would not be close to the friends and neighbors. I strongly recommend the approval of this change. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition to this change of zone? FRANK MURPHY, Mattituck: I would like to spe~k not in opposition to the Nursing Home, I would be opposed to the zone change. I don't think we are being fair to the home owners in the area. The property is actually bounded by residential property. I don't like to see this sit for five years, then in four years they change their minds and decide to do something else with the property. I would like to see some organization of a nursing home. I don't know how your zoning Ordinance works. I do believe you can put up quite a few businesses in a "B" zone. I would love to see a nursing home. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition to this change? (There was no response.) -34- SUPERVISOR ALBERTSON: Anyone at all wish to be heard? ELIZABETH MURPHY: What about a "M" zone such as this man just had before. Could a nursing home be built on the property then? ROBERT TAHKER, ESQ.: No, it would not be permitted. ELIZABETH MURPHY: Would any kind of business be permitted to go in their with a "B" zone? SUPERVISOR ALBERTSON: We can not restrict what type of business can be put there. Any business that is allowed in the "B" District could be put on that property. ELT-ABETH MURPHY: Then I would like to go on record as being opposed to this change of zone. EDWARD LITCHHULTZ, Mattituck: I am a resident of the area. I am here as a resident of the area. I am not here representing any business firm. I am opposed to this change unless we can have some guarantee from the purchaser of the property that it will be a nursing home. want alot of broken down cars in there. a nursing home. ALAN BRAND, ESQ.: I ahould like to We would like to see We don~t it used as afraid that when I said it may be 5 years, that people would get suspicious. I said that with good reason. In order to obtain a license for a nursing home you have to make application to the State of New York. I would like to read you some of the qualifications that must be met. (~Ir. Brand read some of the qualifications,of which a copy is attached and marked Schedule "A".) say first of all, that I was -35- ALAN BRAND, ESQ.: Sometimes it takes as long as two years to get the approval from the State. After that you have to build the building, and the building will have about 60 beds. To meet requirements there has to be 10 feet per bed. So it would take nearly three years and maybe four. I said five years to be safe, and that is the reason. We have no other plans for the property. I am sure that they will give you some guarantee that they will put a nursing home the~. EDWARD LITCHHULTZ: Is there any way that the Board gan zone this so that only a nursing home can be put there? SUPERVISOR ALBERTSON: The only way it could be restricted is by a deed restriction. JOH~ MCNLrLTy, ESQ.: F~r. Supervisor, we have a contract. We know that these Gentlemen are going to build a nursing home. They .swore to the application that they signed that they are going to build a nursing home. SU~ERVISORALBERTSON: We are zoning land here and not these gentlemen. I am sure that these gentlemen want to put up a nursing home, but no one knows what will happen in a year or so. I think the way to do this is by deed restriction or by a change in the Ordinance. FRANK MURPHY: How would you change your ordinance? ~upervisor Albertson briefly explained how the Ordinance could be changed.) -36- ELIZABETH MURPHY: Suppose these men are refused by the state, then what would happen? MR. ALFANO: All I can say is I don~t think that we would be refused. Mr. Brand stated that it takes a long while before this approval comes through. We have come through the State Planning Commission and organization commission before. This does .take quite awhile. I donlt see any reason why we would be refused with our background in this field. MR. JOHN RODDEN: I would ~ike to make a statement. We have been in business for quite a few years. We are supervised by the State of New York, and they make yearly inspections. We are very happy to say that we have always passed this inspection. I am sure our request for Mattituck will receive favorable consideration. EDWARD MURPHY: I don~t think that that is the question. I think the question is whether or not this property should be zoned business. This is not a question of these men~s integrity. Now, if Mr. McNulty has nothing in the contract or no deed restriction, could the Ordinance be changed or is it to late? SUPERVISOR ALBERTSON: This would need another application after the Ordinance was changed. ALAN BRAND, ESQ.: I would like to be heard again. Deed restrictions make attorneys nervous, you are dealing with land here. You' are taking property and superceeding the Town Board. The only way this could be changed, even if 20 years from now the Town Board wanted to change it, would be to go through the whole process again. Deed -37- restrictions run with the land. You can do nothing with this land except put a nursing home on it. The character of this ~hole area may change but this will still remain a nursing home. JOHN MCNULTY, ESQ.: I might say this. These men are investing an outstanding amount of money. If we zestrict it in the deed to a nursing home, that is fine protection for the neighbors, but if they do not get approval from the state, then what do they do with the land. I don~t think this should be handled by a deed restriction. EDWARD LITCHt~ULTZ: I think that a nmrsing home is a fine idea. If we had a nursing home it ~uld beautify the area. As you drive along this is a nice town, I wouldn't want to see it develope into a car heap. It has already started behind the gas station. This would louse up Mattituek. I say not to change this unles we can have some kind of guarantee that ]=his will be a nursing home, even if it means changing the Ordinance. JOHN ~CNULTY, ESQ.: I would like to point out that public garages in the business district are permitted by a special exception and subject to conditions by the Board of Appeals. These conditions set up by the Board of Appeals protect against this sort of thing. EDWARS LITCt~ULTZ: I agree with Mr. McNu/~. I only used this as one example. This is only one thing. There are others I would not like to see there. -38- TED RAMSELL: I am a disinterested party in this situation. But I am interested in regard to the safety of the people that ~ive there. If this is a fire proof building, still in all we have to pump water Would there be a fire hydrant there and who would to fight a fire. pay for this? MR. ALFANO: In the state p~otection that you put in buildings. I would like to add something else. homes in this area. Every home like ours that These homes ~%at are built can not be expanded. fire proof There are no nursing is built is reviewed. The minute you try to expand you are through. That is one of the reaeonswhy we came out here. HARLEY ARNOLD, Mattituck; I would like to take some exception about what was said about the area. The Tuthill garage doesnlt actually adjoin this p~operty, or the Masonery business that was mentioned. Across the street I believe is residential the way it is now zoned. I think that the remarks about the desirability of a Nursing Home on the North Fork are fine, but there might be a better place for one. And if the Planning Board would look around they might find a better place. MR. ALFAi~O: I will answer his question about the desirability of this location. This location is most desirable. We are 9 miles from u o Hospital. How much closer can we get. This is the best location for a nursing home. -39- ALAN BRAND, ESQ.: I am not familiar with this area or with the zoning in this area. I come from the Town o f Patchogue. So I know little about out here. I know that the Town Board has a building inspector who inspects the buildings. We do not want to go against the Town Board. We have to cOme back to the Town for help and cooperation. If they do not like what you are doing, they certainly are not going to give you their fullest cooperation. FRANK MURPHY: I am sure that this would be a big asset to the Town, but I am more concerned about if these gentlemen passed on and we did not have a nursing home going up. Any sort of objection business could go in there then, such as an amusement park or something of that nature. If we donSt get the nursing home, I don't want to see some other kind of business inthere. ALAN BRAND, ESQ.: I would like to say again, that our reason, and our sole reason for making this application to the Town Board for a change of zone was for a nursing home and that is all. FRANK MURPHY: would you gentlemen like to take a little more time so that this could be rezoned to just a nursing home? JOHI~ MCNULTY~ ESQ.: I will object to taking any moretime. I would like to see this mature as soon as possible. Before this contract this same property was offered to the nursery for the same price and the same terms. We are under contract and my client would like to see this deal consumate as soon as possible. -40- ELIZABETH MURPHY: We have alot invested in our p~operty, and I object to this. Why shouldn't we want to protect our property. We were there first and I think we have more of an investment in our property. JAMES OLSEN: I think we are just running around in circles. Mr. Litchhultz doesn't even live within a mile of the place and he is concerned. MR. LITCHRI/LTZ: I live on Sigby Road. JAMES OLSEN: There is the gas station hhat is there as a business. I don't think there should be any objection to a nursing home. SUPERVISOR ALBERTSON: Anyone else wish to be heard on this application one way or the other? JOHN MCNULTY, ESQ.: I have nothing further unless Mr. Chew would like to say something. MR. CHEW: Well, Mr. Murphy was offered this property. This has been standing for about seven or eight years for sale. Just recently my mother has been taken quite ill and I think she is very ar~xious to close the deal. I think a nursing home would be a fine thing. ALAN BRAND, ESQ.: I don't think itis important that the property was offered to any one else. What I think is important is that this is a fine loeation for the specific purpose. SUPERVISOR ALBERTSON: Anyone else ~ish to be heard on this application one way or the other? (There was no response.) -41- SUPERVISOR ALBERTSON: Anyone at all wish to be heard on this proposed change of zone one way or the other? (There was no response.) SUPERVISOR ALBERTSON: Hearing nones I will close the hearing at this time for the further deliberation of the Board. preliminary plan~ ~d later final pla~a to th~ D~.v~t~ a~d Planni~ for d£stribut.t~ ~o and r~.e~ by t~e the State ~alth Department am feii~s~ Divieic~ of ~e~virc~ental ~ealt~ Services--for water and general sanitation, food se~ice, radiological control, air (2) Dlv~aice~ of Chr~ic Disease Services--all dat~ and plan~ covering mulling homes and county infirmaries° (3) Divl~l~ of $pecial Health Services, B~reau of ~aternal amd Child ~alt~--~n~or~atic~ and plans for maternity a~d ne~goor~ ntr~eriee. Divieim of Labc~atoriea a~d ~eeax~h--lnfor~a~ion a~d p.l.a~a cc~eri~ diagnostic laborat~riemo Ail ~ccm~odatt~ for c~mgea to ~eet the requireM~ta ~f ~ ~L~y C~e ~ ~ ~blic ~ ~ ~ ~ ~ ~ to t~ ~%~ ~ H~pl~ ~ ~d P~ for amsenbl~ ~ ~it~ ~ ~ S~ ~mnt of Soc~ ~e~are ~d ~e ~ ~ ~ ~ ~ f~ ~ ~m of ~ c~ca~m w~cb om~ ~ ~ ~ ~ C~i~er of ~ ~ ~ ~ ~ ~t of ~~ ei~ ~e~ct to ~ fi~eos ~d ad~ of t~ ~ee~ ~ X~atieat ~are ef mic~ iadividuals for ~a~etary bee~tala ia ~ I~k CX~ with tbs Stato ~oard ef Secial Welfare ~ tbs ~e~eicaer of tbe ~e~ York City Department eg ~tala ~ alas be for proprietary nvrmiug ~n ~h~ f~nal determinates of nee~, pro~isic~ &r~ ~ l~ the la~e fe~- ee~ratim of the special needs ~f the several religi,u~ Th~ Mt be~ effeetive October 1~ lf~. The State De~or~nt cg See~Al ~alfare, in c~usultati~ with t~e Sta~e Depar~t o£ Health, w~L1 ~e~ ~icb ~f those projects p~d~ on the shore date wXlX he eub~ect~ te ~ ~e~ ~equire~ent~ of reapplicatLo~ and processing ~dor ~ae cmditl~ eg ~ PETITION IN OPPOSITION TO APPROVAL OF A PROPOSED CHANGE IN THE OFFICIAL ZONING MAP OR PLAN OF THE TOWN OF SOUTHOLD TO: THE TOWN BOARD OF THE TOWN OF SOUTHOLD: It is respectfully submitted by the undersigned~ of the Town of Southold and businessmen located in the residents Village of Cutchogue, that a proposed down zoning from Residential and Agricultural "A" to Business District "B" of lands belonEing to William Baxter, Jr. and William Baxter, Jr. et al, situate on the easterly and westerly sides of Grilling Street. respectively, and North of Route 25, in the Village of Cutchogue, Town of Southold, New York, all as more particularly described in the applications for said changes in zoning, be DENIED for the following reasons: 1. With respect to the large parcel of land situate on the West side of Grilling Street, it is to be noted that said parcel is bounded only by residential "A" properties, and R. C. Church property on its southerly boundary. To down zone this property from "A" to "B" would not constitute a reasonable or orderly expansion of the business district in the Village of Cutchogue. To the contrary, it would constitute an expansion of the business area of Cutchogue Village into prime residential lands which would eventually destroy the present business district of the Village of Cutchogue. No sound reason exists to expand the business area of the Village vertically when ample lands, a great deal of which are already zoned "B", are available to expand the business area horizontally. As previously pointed out, the parcel in question is presently not bounded on any side by Business District~ "B" property. To grant the proposed change, would open the door to an expansion of the Cutchogue business area as far North as the North Road, since those properties North of the parcel in question could seek a change in the zoning map similar to that now proposed. Moreover, one would have to agree that their chances of success would be at least equal if not greater than the present proponent in that they could at least argue that their properties on the South were bounded by a "B" district; an argument, I respectfully submit, that cannot now be made in this application. It may be further pointed out that in addition to the possibility of rendering the business area of Cutchogue a "ghost village", the welfare and safety of the students attending the Sacred Heart School in Cutchogue could be endangered by hazards attendant with the development of a business and shopping area immediately adjoining the school property. For these reasons alone, it is respectfully submitted that the proposed change of zoning of the parcel on the westerly side of Griffing Street should be denied in all respects. 2. An additional reason for denying the proposed change of zoning, can be found in the fact that it will reduce the value of all existing business properties in the Village of Cutchogue, and will further constitute a serious harm and detriment to each business- man's investment in the Village. The truth of this statement can be readily ascertained from an application of the economic principle of "supply and demand". 3. A further reason for denial of the proposed zoning changes stem from the fact that the character of the neighborhood will change from a quiet and peaceful one to a busy and noisy one. especially if the proposed business area is developed into a large shopping center. Trucks, cars and other vehicles will pass and be parked there most of the day, and during the night, and will causel congestion, excessive traffic, and be dangerous to llfe, health and limbof children inhabiting the area. Moreover, the type of businesses permitted in the "B" area is wide in coverage and could lead to unintended abuses to the residents of the Village of Cutchogue. 4. As concerns the parcel of land on the easterly side of Griffing Street, it is conceded that some basis exists for a change in zoning from "A" to "B"; however,in the light of the reasons heretofore set forth with respect to denying a change in zoning for the parcel on the westerly side of Griffing Street, it is respectfully submitted that the Town Board deny a change in zoning for the parcel on the easterly side of Griffing Street, and for the additional following reason: This parcel is situated directly opposite the aforementioned --2-- parcel, seperated only by Griffing Street. If the parcel on the westerly side of Griffing Street remains residential "A", as it unquestionably should, then it would be more logical and practical to retain the parcel on the easterly side of Griffing Street as residential. In such circumstances, the entire area North of the Cutchogue Post Office could remain as a prime residential community with the present business area of the Village of Cutchogue servicing the residents. For all of the foregoing reasons, and to prevent irreparable harm to the businessmen of the Village of Cutchogue and to the residents of the Town of Southold, it is respectfully submitted that the application of William Baxter, Jr. and William Baxter, Jr. et al with respect to a change in zoning of the two parcels in question be DENIED, and that said properties remain zoned as Residential and Agricultural "A" properties. VILLAGE ') R~I~fNCE BUSINE__SSM_.__AN LIr AL NOTICES NOTICE OF HEARING ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of South- .old, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Office of the Sup- :ervisor, 16 South Street, Greenport, Ne~ York, in said town on the 14th day of January, 1965, at 7:30 P. M., on the following proposals to amend the Building Zone Ordinance (including the Building ,Zone Maps) of the Town of Southold, Suffolk County, New York. i~ 1. By changing from "A" Residential 'and Agricultural District to "B' Busi- ness District, the following described property: Ail that certain tract or parcel of land situated in Cutchogue, in' the Town of SouthOld, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point on the northeasterly line of Griffing Street 294.93 feet northw, esterly along said northeasterly line from the Main Road; said point of beginning being the westerly corner of land of Schneider' from said point of be- gining running along said north- easterly line of Griffing Street, Three courses as follows' (1) N. 39° 09' 20" W. --4.56 feet. thence (2) 49° 34' 40" W. 122.50 feet; thence (3) N. 38° 05' 40" W.--554.91 feet; thence northeasterly on a curve to the right having a r~ius of 24.56 feet a distance of 39.01 feet to the southea~erly line of School House Road' thence along, said southeast- erly line, N. 52° 55' 20" E. 144.10 feet to land of Wickham, thence along said land of Wickham, two courses as follows' (1) S. 37° .04' 40" E. 219.84 feet; thence (2) S. 36° .. 53' 20" E. 306.04 feet; thence along said land-of Wickham and along land of Case, S. 37° 20' 20" E. 140.56 : feet; thence along land of Wolf, S. 37° 34' 20" E. 35.20 feet; thence along said land of Schneider, S. 51° · ~ 55' z,0', W," 131:92 feet' to the point --, of .beginning. 2. By changing from "A" Residential and Agricultural District to "B" Busi- ness District the following described property: All that certain trac~ .or ..parcel of land situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and more par- ticularly bounded and described as follows' Beginning at the intersection of the northwesterly line of School House Road with the southwesterly line of Griffing Street and running .-. along said southwesterly line of Griffing Street, two courses as fol- lows: (1) S. 38° 05' 40" E. 635.81 feet' thence (2) S. 49° 34' 40" E. 122.93 feet; thence along land of the land of the Roman Catholic Diocese of Rockville Centre three courses and distances as follows: (1) S. 70° 28' 40" W. 23.67 feet' thence (2) S. 39° 51' 40" W. 185.55 feet' thence (3) N. 37° 13' 30" W. 790.57 feet' thence along other ,]and of the petitioners herein on the direct ex- tension southwesterly of said north- westerly line of School House Road, N. 52° 55' 20" E. 167.39 feet to the ~ point of beginning. 3. By Changing from "B" Business to "A" Residential and Agricultural District the following described prop- erty' All that certain tract or parcel of land situated in East Marion, Town of Southold, Suffolk 'County, New York, and more particularly bound- ed and described as follows' PARCEL I- Beginning at the southwesterly corner of the present "B" Zone adjoining land of Latham and others on the South, and land of Guimaraes on the west, from said point of beginning running along said land of Guimaraes, N. 11° 26' 1095.0 feet; thence four courses as follows' (1) N. 78° 34' E.--387.87 feet' thence (2) S. 56° 26' E. 300.0 feet; thence (3) S. 11° 26' E. 1150 feet more or less to the southerly corner of the-present "B" Zone' thence (4) northwesterly 350 feet more or less; thence along said land of Latham and others S. 74° 17' [. 40" W.--450 feet more or less to the * po~'-' of 'beginning. ,CEL II -- All that certain - traCt or parcel of land situate, lying and being at East Marion, in the Town of Southold, in the County of Suffolk, and State of ,New York, bounded on the north by land of' Cove Beach Estates, Inc., on the east by land of Fred Tabor, on the' south by land of Joseph Boken, and , on the west by land of Cove Beach Estates, Inc. is 4. By changing from "B" 'Business District to "M" Multiple Residence the' - F SUFFOLK I NEW YORK . ss: Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- y, commencing on the ............... .~..../....-r:~..~.."'~-' ...... .......... , ',worn to before me this ......... ..~... ......... dog of ..... , APELE PAYNE Notary Publi" State, of New Yo~ f:'cs.di:}:~ 'a - .:'.::!" County 1";o. r · Comm~ss~o~ [x~ires ;~arch 30, 19~ Long Island Sound at the north- westerly corner of the present "B" Zone adjoining land of Guimaraes; from said point of beginning run- ning along easterly said high water mark 650 feet more or less' thence two courses as follows: (1) S. 33° 34' W.--400 feet more or less- thence (2) S. 78° 34' W.--387.87 feet; thence along said land of Guimaraes N. 11° 26' W.--350 feet more or less to the point of beginning. PARCEL II--Beginning at a point on the ordinary high water mark of Long Island Sound 300. feet north- westerly along said high Water mark from point where said htg!~.... Water mark is intersected by southeasterly line of the present "B" Zone'; 'from said point of beginning running four courses as follows: (1)'$. 33° 34' W.--250 feet more or ies~; thence (2) N. 56° 26' W.--350.0 f..eet; thence (3) N. 11 o 26' W. 300.0 feet; thence (4) N. 33.o 34' E.,350 feet more .or less to said Ordinary high water mark of Long Island Sound' thence southeasterly along said high water mark 700 feet more or less to the point of beginning. 5. By changing from "C" Industrial District to "A" Residential and Agri- cultural District the following describ- ed property' Ail that certain tract or parcel of land situated at Bayview, in South- old, in the Town of Southold, Suf- folk County, New York, and bound- ed and described as follows' Beginning at a point on ~the northerly line of North Bayview Road at the southwesterly corner of land formerly of J. B. Coleman; and running westerly along said north- erly line of North Bayview Road 420 feet, more or less, to the easterly line of North Roa.d to Bayview,' thence northerly along sa:i~d easterly line of North Road to Bayview 122 feet ~more or less to land now or formerly of Meadow Point Proper.- ties, Inc.' thence northerly along said land of Meadow Point Proper-. ties, Inc., 1200 feet, more or less; thence easterly through land of Reese 450 feet, more or less, to land formerly of Coleman' thence south- erly along said land formerly of~ Coleman, 1.200 feet, 'more or less,l to the point of beginning. Cor~tain- lng about 12 acres. 6. By changing from "A" Agricultural I and Residential District to "B" Busi- ness District the following described! property' All that certain tract or parcel of land situated in Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a concrete monu- ment set on the southerly line of Main Road, at the. northeasterly corner of land of Long Island Ice and ~'uel Corp., and running thence along said line of Main Road, 52° 02' 10" East, 717.20 feet to a con- crete monument and land of Frank Murphy' thence along said land of Murphy, South 21° 04' 50" East,, 513.03 feet to a concrete monument, set on the northerly line of Old' Main Road' thence along said line' of Old Main Road, two courses as! follows: (1) South 56° 57' 20" West, 28.88 feet; thence (2) South 84° 42' 10" West, 288.26 feet to an iron pipe and land of Frank Nawrocki,' thence along said land of Nawrocki, three courses as follo'ws- (1) North' 9° 59' 10" West 268.88 feet to .... '" ,-'~: ...'...~,~: .............. ~68.S~i 'fe~t ~ the northerly line of Old Main Road; thence along said line of Old Main Road South ~ 34' 50" West, 246.14 feet to a concrete monument and said land of Long Island Ice and Fuel corp., thence along said i land North 23° 00' 50" West, 108~3 feet to the point of beginning, con-i taining 4.269 acres. Any person desiring to be heard on the proposed amendments should ap- pear at the time and place above specified. :DATED' December 22, 1964 following descri,bed proPerty- ted at Southold, in Suffolk County; and that All that certain tract or parcel of land situated in East Marion, in the)f which the annexed is a printed copy, has been Town of Southold, Suffolk CoUnty, New York, and more particularlyjn said Long Island Traveler-Mattituck Watch- ,bounded and described as follow~- PARCEL I--Beglnntng a~ a Po,n, each week for ...... .~.J--..~.4'~-- .~...~.../.. week~/ on the ordinary high Water mark of " ' 40? V7.--450 feet more or less to the EGAL NOTICES NOTICE OF HEARING ON PROPOSALS TO AMEND / ZONING ORDINANCE Pursuant to Section 265 of the Town !t.eLaW and Article IX of the Building · Zone Ordinance of the Town of South- old, Suffolk County, New York, public arings will be .held by the Southold ~Town Board at the Office of the Sup- l~rvisor, 16 South Street, Greenport, i~ev~ York, in said town .on the 14th day 'of January, 1965, at 7:30 P. M., on the ~0.11owing proposals to amend the t. Building Zone Ordinance (including :¢he Building ,Zone Maps) of the Town ~of Southold, Suffolk County, New York. 1. By changing from. "A" Residential nd Agricultural District to "B" Busi- .'~ss District, the following described 'Property' ' All that certain tract or parcel of ..- land situated in Cutchogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows' Beginning at a point on the northeasterly line of Griffing Street 294.93 feet northwesterly along said · northeasterly line from the Main Road; said point of beginning being the westerly corner of land of Schneider; from said point of be- girting running along said north- easterly line of Griffing Street, Three courses as follows: (1) N. 39° 09' 20" W. --4.56 feet; thence (2) 49° 34' 40" W. 122.50 feet' thence (3) N. 38° 05' 40" W.--554.91 feet' thence northeasterly on a curve to the right having a radius of 24.56 -. · feet a distance of 39.01 feet to the southea~erly line of School House Road; thence along said southeast- erly line, N. 52° 55' 20" E. 144.10 feet to land of Wickham, thence along said land of Wickham, two courses as follows' (1) S. 37° 04' 40" E. 219.84 feet' thence (2) S. 36° 53' 20" E. 306.04 feet; thence along said land of Wickham and along land of Case, S. 37° 20' 20" E. 140.56 feet' thence along land of Wolf, S. 37° 34' 20" E. 35.20 feet' thence along said land of Schneider, S. 51° 55' 40" W. 131.92 feet to the point of .beginning. $2. By changing from "A" Residential · and Agricultural District to "B" Busi- tress District the following described i~roperty: All that certain tract or parcel of land situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and more par- ~ ticularly bounded and described as follows' Beginning at the intersection of the northwesterly line of School House Road with the southwesterly line of Griffing Street and running along said southwest~rly line of Griffing Street, two courses as fol- lows.: (1) S. 38° 05' 40" E. 635.81 feet' thence (2) S. 49° 34' 40" E. 122.93 feet' thence along land of the land of the Roman Catholic Diocese of Rockville Centre three courses and distances as follows' (1) S. 70° : 28' 40" W. 23.67 feet; thence (2) S. 39° 51' 40" W. 185.55 feet' thence (3) N. 37° 13' 30" W. 790.57 feet; :'~ thence along oCher iland of the petitioners herein on the direct ex- tension southw, esterly of said north- westerly line of School House Road, '..: N. 52° 55' 20" E. 167.39 feet to the i, point of beginning. 3. By changing from "B" Business i'if, o "A" Residential and Agricultural District the following described prop- erty' All that certain tract or parcel of land situated in East Marion, Town of Southold, Suffolk 'County, New York, and more particularly bound- ed and described as follows' PARCEL I -- Beginning at the southwesterly corner of the present "B" Zone adjoining land of Latham and others on the South, and land % of Guimaraes on the west, from said point of .beginning running along said land of Guimsraes, N. 11° 26' 1095.0 feet; thence four courses as follows: (1) N. 78° 34' E.--387.87 .. feet' thence (2) S. 56° 26' E. 300.0 feet' thence (3) S. 11° 26' E. 1150 I¥' feet more or less to the southerly corner of the present "B" Zone' thence (4) northwesterly 350 feet more or less' thence along said land of Latham and others S. 74° 17' point of beginning. ~i EL II -- All that certain tr:ac~ parcel of land situate, lying ar. ~ being at East Marion, in the Town of Southold, in the County of Suffolk, and State of New York, bounded on the north by land of Cove Beach Estates, Inc., on the ; east by land of Fred Tabor, on thei south by land of Joseph Boken, and i on the west by land of Cove Beach Estates, Inc. ' 4. By changing from "B" Business S District to "M" Multiple Residence 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' PARCEL I--Beginning at a point on the ordinary high water mark of Long Island Sound at the north- westerly corner of the present "B" Zone adjoining land of Guimaraes' from said point of beginning run- ning along easterly said high water mark 650 feet more or less; thence two courses as follows: (1) s. 33° 34:w.-400 feet more or less' thence (2) S. 78° 34' W.--387.87 feet; thence along said land of Guimaraes N. 11° 26' W.---350 feet more or less to the - SUFFOLK NEW YORK SS' point of beginning. PARCEL II--Beginning at a point /~ on the ordinary high water mark of //~-L. Long Island Sound 300 feet north-WOrn tO be(ore me this ......... ..x~... ......... westerly along said high water mark mark is intersected by southeasterly~/ ' ' ........ line of the present "B" Zone' from said point of beginning running four courses as follows' (1) S. 33° 34' W.--250 feet more or less' thence (2) N. 56° 26' W.--350.0 feet' thence (3) N. 11° 26' W. 300.0 feet; thence .... (4) N. 33° 34' E.--350 feet more or less to said ordinary high water mark of Long Island Sound' thence southeasterly along said high water mark 700 feet more or less to the point of beginning. 5. By changing from "C" Industrial. District to "A" Residential and Agri-i cultural District the following describ- ed property' All that certain tract or parcel of~ land situated at Bayview, in South- old, in the Town of Southold, Suf- folk County, New York, and bound.- ed and described as follows' Beginning at a point on the northerly line of North Bayview Road at the southwesterly corner of land formerly of J. B. Coleman' and running westerly along said north- erly line of North Bayview Road 420 feet, more or less, to the easterly line of North Road to Bayview,; thence northerly along said easterly -line of North Road to Bayview 122 feet more or less to land now or formerly of Meadow Point Proper-, ties, Inc.' thence northerly alongi said land of Meadow Point Proper-. ties, Inc., 1200 feet, more or less;i thence easterly through land of', Reese 450 feet, more or less, to land formerly of Coleman' thence south- erly along said land formerly of Coleman, 1200 feet, more or less, to the point of beginning. Contain- ing about 12 acres. 6. By changing from "A" Agricultural and Residential District to "B" Busi- ness District the following described property' All that certain tract or parcel of land situated in Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows' Beginning at a concrete monu- ment set on the southerly line of Main Road, at the northeasterly corner of land of Long Island Ice and Fuel Corp., and running thence along said line of Main Road, 52°. 02' 10" East, 717.20 feet to a con- crete monument and land of Frank Murphy' thence along said land of Murphy, South 21° 04' 50" East, 513.03 feet to a concrete monument set on the northerly line of Old Main Road' thence along said line of Old Main Road, two courses as follows: (1) South 56° 57' 20" West, ~28.88 feet; thence (2) South 84° 42' 10" West, 288.26 feet to an iron pipe and land of Frank Nawrocki, thence' along said land of Nawrocki, three courses as follows: (1) North 9~.'. ~..-.1~', West,. $~.f~1_..8~ .t~ ~ .... '-' ~'~':i~ ........ ";'~ .... .' ".~ "~,::. , ll~.~,t fee~ to a concrete post set on the northerly line of Old Main Road' thence along said line of Old Main Road South 88° 84' 50" West,~. 24ti.14 feet to a eonere~ monument and said land of Long Island Iee~ and Fuel Corp., thence along said land North 23° 00' 50" West, 108.53 feet to the point of beginning, con- taining 4.269 acres. Any person desiring to be heard on the proposed amendments should ap- pear at the time and place above specified. 'DATED- December 22, 1964 BY ORDER OF THE SOUTHoLD Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- ed at Southold, in Suffolk County; and that f which the annexed is a printed copy, has been ~ said Long Island Traveler-Mattituck Watch- ;ach week for ...... ~.(:,<~...-~...<~. ...... ./. ....... week2, :, commencing on the ............. ~..¢,. .......... ........... , // day of NOtary Public /// Southold Town Planmng Board SDUTHF1LD, L. I., N. Y. PLANNING BOARD MEMBERS Alfred G~ebe REPORT TO: Southold Town Board 16 South Street Greenport, New York December 22, 1964 Gentlemen:~ This is to certify that the following action was taken by the Southold Town Board at a regular meeting held on December 14, 1964: In the matter of the petition of William J. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., Jane P.Goeller and william J. Baxter ,Sr., for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located in Cutchogue, and more particularly bounded and described as follows: Beginning at the intersection of the northwesterly line of School House Road with the southwesterly line of Griffing Street and running along said southwesterly line of Griffing Street, two courses as follows: (1) S. 38° 05' 40" E.-635.81 feet; thence (2) S. 49° 34' 40" E.-122.98 feet; thence along land of Roman Catholic Diocese of Rockville Centre three courses and distances as follows: (1) S. 70° 28' 40" W. 23.67 feet; thence (2) S. 39° 51' 40" W.-185.55 feet; thence (3) N. 37° 13' 30" W. 790.57 feet; thence along other land of the petitioners herein on the direct extension southweste~y of said northwesterly line of School House Road, N. 52° 55' 20 E. 167.39 feet to the point of beginning. It is hereby RESOLVED that the Southold Town Planning Board recommed favorably to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District, on the property of William J. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., Jane P. Goeller, and~illiam J. Baxter, ~., as described above. Report to: Southold Town Board -2- This change of zone will be in line with the natural expansion of the Business District in Cutchogue Village, There are other businesses in the immediate vicinity, and there are no residents nearby. The Planning Board also recommeds that the roads, Griffing Street,and School House Road be widened as shown on the map by Otto Van Tuyl & Son, dated November 23, 1964, map no. 1934-6. Respectfully submitted, John Wickham, Chairman Southold Town Planning Board ]Dc Southold Town Planning Board SOUTHOLD, L. I., N. ¥. PL^NNINC- BOARD Henry Mois~ Alfred Grebe Archibald Young REPORT TO: Southold Town Board 16 South Street Greenport, New York December 22, 1964 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on December 14, 1964, at the Town Office, Main Road Southold: In the matter of the petition of william J. Baxter, Jr., for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located at Cutchogue, and more particularly bounded and described as follows: Beginning at a point on the northeasterly line of Griffing Street 294.93 feet north- westerly along said northeasterly line from the Main Road; said point of beginning being the westerly corner of land of Schneider; from said point of beginning running along said northeasterly line of Griffing Street, three courses as follows: (1) N. 39° 09' 20" W.-4.56 feet; thence (2) N. 49° 34' 40" W.-122.50 feet; thence (3) N. 38~ 05' 40" W.-554.91 feet; thence northeasterly on a curve to the right having a radius of 24.56 feet a distance of 39.01 feet to the southeasterly line of School House Road; thence along said southeasterly line, N. 52° 55' 20" E.-144.10 feet to land of Wickham; thence along said land of Wickham two courses as follows: (1) S. 37° 04' 40" E.-219.84 feet; thence (2) S. 36° 53' 20" E.-306.04 feet; thence along said land of wickham and along land of Case, S. 37° 20' 20" E.-140.56 feet; thence along ~nd of wolf, S. 37° 34' 20" E.-35.20 feet; thence along said land of Schneider, S. 51° 55' 40" W.-131.92 feet to the point of beginning. It is hereby RESOLVED that the Southold Town Planning Board recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of william Baxter, Jr., as described above. Report to: Soutnold Town Board -2- This change of zone will be in line with the natural expansion of the Business District in Cutchogue village. There are other businesses in the immediate vicinity, and there are no residents nearby. The Planning Board also recommends that the roads, Griffing Street and School House Road be widened as shown on the map by Otto Van Tuyl & Son, dated November 23,1964, Map No. 1934-6. Respectfully submitted, John Wickham, Chairm~an Southold Town Planning Board bc LAW OFFICES WILLIAM WICKHAM MATTITUCI~,LONG ISLAND 51~; MA 9°8353 December 2, 1964. Planning Board Po~ of Southold Southoid, New lor[ Gentlemen: We enclose a map showing proposed changes in Griffing Street, North Street, and School Rouse Road recommended by your Board. We hesitate, however, to go any further until the matter is brought berore the Tow~ Board with your recommendations. In o~her words, it would bc useless so go to the great exsense of preparing deeds and releases unless ultimately required by the Town Board for a change to "B" Business. Very cordially yours, CASE 1'40: ..... :-.C...~.~/~ ....... STATE OF NEW YORK PETITION TOIVN OF SOUTHOLD IN THE RIATTER OF THE PETITION OF WILLIAM J. BAXTER. JR., PATRICIA BAXTER, ROBERT A. GOELLER. JR.. JANE P. GOELLE.R, an~ WILLIAM J. BAXTER. SR. FOR A CHANGE, MODIFICATION OR AMENDMENq OF qHE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY. NEW YORK. TO THE TOWN BOARDOF THE TOWN OF SOUTHOLD: WE, WiLLIAM J. BAXTER, JR... PATRICIA BAXTER, ROBERT A. GOELLER, JANE P. GOELLER and WiLLIAM J. BAXTER. SR. 1. ~ .................................................................. residing a~ ...~u~tc~xo~x~e.~...N~w..Y~k ..... (~nsert name of petitioner) Suffolk County, Ne%v York, the undersigned, am the o%vner of certain real property situated at .~.~..h. ggl~e.*...~.~q..~9.~1! ........... and more particularly bounded and described as follows: BEGINNING at the intersection of the northwesterly line of School House Road with the southwesterly line of Griffiug Street and r~unning along said southwesterly line of Grilling Street, two courses as follows: (1) S. 38" 05' 40" E. 635.81 feet; thence (2) S. 49" 34' 40" E. 122.98 feet; thence along land of the Roman Catholic Diocese of Rockville Centre three courses and distances as follows: (1) S. 70" 28' 40" W. 23.67 feet; thence (2) S. 39~ 51! 40" W. 185.55 feet; thence (3) N. 37e 13' 30" W. 790.57 feet; thenge along other land of the petitioners herein on the direct extension~southwesterly of said northwesterly line of School House Road, N. 52 55 20 E. 167.39 feet to t~e point of beginning. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Soutbold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District t~ "B" Business District 3. Such request is made for the following reasons: This parcel is direotly opposite to the west of the premises fo~ which a change of zone is being requested by William J. Baxter, This area on both sides of Griffing Street is a preferred extension of the business section of Cutchogue which is greatly in need of an expanded area. It is off the Main Road (Route 25) and with new constmction, ample parking space has to bo provided. The property is vacant. lqobe~t I. Ooelle~., l~'. ~ STATE OF N'E~V YORK, COUNTY OF SUFFOLK, SS:-- WILLIAM J. BAXTER, JR., PATRICIA BAXTER, ROBERT A. GOELLER, JR., JANE P. .... ~Q.~L~R .ar~d...!~LLIAl~ ..J.....BAX,~I~.R...SR ,BEING DILLY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and kno~vs the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters thet'ein stated to be alleged on information and belief., and t~hat as J~o tho~e~ma, tters he believes it to be true. Nillia~ J~ ~xteP~ JP. (L. S.) ....... ~ ................................. ~ .................... Sworn to before me mis .Hgh... day of ..Augus.t .................. , m.6S. (I,.S.) U ~otary Public. STATE OF NEW ¥©~K TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF WIr.T.IAM J. BAXTER, JR. FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at O~4.~.~.~gg.e.,...~....~.?i'.t~ ............ and more part~;~larl>[ bo~unded and described as follows: BEGINNING at a p~t on the nor~ eas~er±y line of Gritting Street 294.93 feet northwesterly along said northeasterly line from the Main Road; said point of beginning being the westerly corner of land of Schneider; from said point of beginning runniog along said northeasterly line of Grilling Street, three courses as follows: (1) N. 39e 09~ 20" W. 4.56 feet; thence (2) N. 49e 34' 40" W. 122.50 feet; thence (3) N. 38e 05~ 40" W. 554.91 feet; thence northeasterly on a curve to the right having a radius~of 24.56 feet a .distance of 39.01 feet to the southeasterly e line of School House Road, thence along said southeasterly line, N. 52 55' 20" E. 14J~.10 feet to land of Wickham; thence along said land of Wickham two cOurses as follows: (1) S. 37e 04~ 40" E. 219.84 feet; thence (2) S. 36e 53~ 20" E. 306.04 feet; thence along said land of Wickham and along land of Case, S. 37e 20~ 20" E. 140.56 feet; thence along land of Wolf, S. 37e 34~ 20" E. 35.20 feet; thence along said land of Schneider, S. 51e 55~ 40" W. 131.92 feet to the point of beginning. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend tl~e Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District to "B" Business District. 3. Suchrequest is madefor thefollo~ving reasons: The parcels to the east and south of the premises are zoned "B" Business. This area is the natural extension of the business section of Cutchogue village. The applicant has received many in- quiries and is now negotiating with a prospective purchaser for a part of the premises for a business ~oeation with sufficient room for parking and with of~-route 25 locations, business in Cutchogue can be vastly stimulated. The property is vacant and there are no residences adjoining or in the immediate vicinity. William J. ~axter, Jr. STATE OF NEW YORK,) ) SS:- COUNTY OF SUFFOLK,) ..... ..I~.....L..L..I..AM .~[:....~...J~.. ~z~3.~...~ .................... 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 tc be true. William J. ,,~axter, 'Jr. Sworn to before me this ..~.~;h../da3, of ....JDzgu~.t. ............... ~9..(~a. ......... ~ ........... .X.~..~..~. ....... ,~...~,.,?.; ........... :~ ..... (~ ......... Notary Public. W~LLI).M WIC KIt ~,~11 NOT.t~r~: P IF, [ ¢7¥7:~ LAW OFFICES WILLIAM WICKHAM MATTITLICK, LONG ISLAND NEW YORK II9S2 51~ MA 9-8353 February 5, 1964 Planning Board, Town of Southold Southold New York Gentlemen: We have been requested by the Baxter interests to advise that they agree to dedicate five additional feet on either side of Griffing Street from the Post Office northward and five feet on either side of School House Road - Extension easterly to their boundary line. Very cordially yours, W:msh Jan uary 8, 1964 Supervisor Lester M. 16 South Street Greenport, New York Albertson Dear Let.. This is to advise that a recommendation on the 9reposed change of zone from "A" Residential and Agricultural Dlstr~ct to "B" Business District on the property of (1) Will,am J. Baxter, Jr., and (2) Wlllt.~ J. B~ter:,: Jr., Jane ~. Goeller, Patrt. cl.a Baxter, ~obert A. Goeller, Jr., and William J. Baxter., Sr. wl. ll be forthcoming tn thereat future. Ail arrang~.ments have been made for the widening of Gr~ffing Street, School Street Extension and North Street an~ we are s im~ly waiting for a new map. Sincerely, John Wlckham, Chairman ,%outhold Town Planning Board September 18, 1963 Southold Town Boar~ 16 South Street Greenport ~ New York Gentlemen: The Planning Board .has been working on the petitions of (1)William J. Baxter, Jr. and (2) Will iam j. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., Jane P. Goeller and William J. Baxter, Sr. and feel we are making some progress toward widening Griffing Street, School Street Extension an4 North Street. Ail parties concerned in the w~den~ng have been most cooperative~ they are Monsignor Brennan, William j. Baxter Sr., and his attorney William Wickham, Stanley Case and John Wickham. At this time we are attempting to agreement and an offer of dedication. get final Sincerely, john Wickham, Chairman Southold Town Planning Board August 21, 1963 Southold Town Board 16 South Street Greenport, New York Gentlemen: We are holding the Jr., and (2) W~ll~am J. A. Goeller, Jr., Jane P. for our next meeting on the Planning B~ard will William Baxter, Sr. Griffing Street. petitions of Baxter, Jr., Goeller and September 17, (1) WXll ~m J. Baxter, Pa~Xc~al Baxter, Robert Will,am Jo Baxter, Sr. 196 ~. In th e me an ttme meet with Mons ~gnor Brennan and Mr. ~n hopes of w~en~ng and straighten~g Very truly yours, John W~ckham, Chairman Southold Town Planning Board [] FFI _ERK D ALBERT W. RIOHM~ND SOUTHOLD, L. I., N. Y. August 7, 1963. Mr. John Wickham Chairman Planning Board Cutchogue, L.I. Dear Mr. Wlckham; The original petition of William J. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., Jane P. Goeller and William J. Baxter, Sr., residing in Cutchogue, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated in Cutchogue, N.Y., 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 effect- ed with the recommendation of your Board. AWR/ Ver~ truly your.$~ Albert W. Richmond Town Clerk SOUTHOLD, L. I.~ N. Y. _ERK August 7, 1963. Mr. John wickham Chairman Planning Board Cutchogue, L.I. Dear Mr. Wickham; The original petition of William J. Baxter, Jr., residing at Cutchogue, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated in Cutchogue, N.Y. is in the files in the office of the Planning Board at Southold, New York. You are instructed to pre- pare an official report defining the condit- ions described in the petition and determine the area so effected with the recommendation of your Board. Very truly yours, Albert W. Richmond Town Clerk LAW OFFICES WI LLIAI~ WICKHAM MATTITUCK, LONG ISLAND NEW YORK MATT. 9-8353 August 5, 1963 Mr. Howard Terry, Building Inspector Southold Town Southold, New York Dear Howard: Enclosed are two applications for change of zone for property situate at Cutchogue owned by William J. Baxter, Jr. and others. Our check for $50.00 to cover the charge of same is enclosed. We have instr~cted Otto W. Van T~yl~s office to forward the necessary sketches of the property in question directly to the Supervisorls office to be there in time for your meeting tomorrow afternoon. Very cordially yours, msh ~, 1 o ~/ /, ~ x ~ enG ~..L'~'~ L/ ' "'~" WHEREAS, a petition was heretofore filed with the Town Boarcl of the Town of Southold by ...~O~leS ~ .FIo~..~C~ .J~l~.ze.~..~l.. ....... 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~]...~l~.o...&.A~i,l~,,~.,,District to ...?.~..~.'.'...~il~l.;I.~.el~ ....... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the .....~.~.'~. ...... day of ............... ~. ....................... , 19..~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is cj~nte~. By O~der of the Southold Town Board. Dated~ July 7, 1965. Effective as of July 17, 1965. Albert W. Richmond Town Clerk. ~.,-~z~.~ OF NEW YORK) ~.~ OUNT¥ OF ,..,UFFOLK) ,~,~-uuBER W. of SOU'~ '~ ~no 1 ¢i, being ~.ul~,~ sworn, say~: jULY notice o~ whic~.x 't. ne anz.exed pr int ed SoutholC. Sufzoik '~ount~' a9'o o f: 'twent MARION A. REG'?iT NOTARY PUBLIC, State o! !',iow York No. 52-3233120 Su~ol:~ C ..... ~" ],erm Expires iV[arch 30, [~='.~ ! NO~ICE OF AMENDMENTs ~ 0~' ZONING-ORDINANCE A~ENDMENT NO. 69 .NO~ICE IS HEREBY GIVEN, that after a public heart~ held p~r~.suant to the requirements ~f law, the~Build- ing Zone Ordinance,' (including _the Building Zone M~.~.~I, of the Town'of Southold, ~. Suffolk ~Unty, New York, ~ was duly amen~led~,~;'a regular· meeting of the Southold ~n. Board held on . June 25, 1965, as f~llows- , .: .... 1.-By changing from "A" Residential · and Agricultural'. District to "B-2a~Bus- i iness District the following de,rib.ed property,; ' ' All' that certain tract or' parcel of land si~ated at Cutclt°gue, in the, To~Ta of' Southold, Suffolk County, New Y0rk~' and more particularly! bo~,~i~ described as follows: BEG~NG at a' point on the northeaste~!y line of Ortffing Street. at'the westerly corner of land of Schneidler!~. 'thence. nmntng.~ alo~ said northeasterly line ,of Grifftng Street, three _courses as follows' (1) 39 degrees 09 minutes 20 second~ west 4~56 feet; tl~nce (2), N. 49 del grees 34 ~gn~..~.,~ seconds, 'W.-- 122.50 feet..'; then_~i~: :': (3)- N. 38 degrees 05 mintt~s 40. seoo~s-W. 5,54.91 ~'feet; thence northe~_terly on a curve .to the right having, a radtus l of 24:56 .feeiJ;'..!~/.distance of 39,01 feet. o, House l~ad.;. ~. 8long southe~terly line, ~~~j~rees ~ minute~ ~ '~onds ~~ feet;.. ~henee along land of ~ courses 'as follow~: (1)~"~ 37 de- grees 0~ minute~ ~ ~corL~ E. ~.1g.84 feet' thence (2) S. 36..'degree~ ~ minutes ~0 ~cond~ E.-IR~',0~ thpnce along ~id land of Wickham anql_." along land o~' 'Cikq~, 'S. 3'/~de'- ~rees 20 minutes ~.0 r~eonda east-- "1~0.56 feet; thence along l~nd of Wolf, S. 3? degree8 34 mlnute~ 20 seconds ~...--35.20; thene~ along said land' of selmeider,' s. 51 degrees 5§ minutes t0 see0nd~ W.---181.~ feet ~o the point .of .beginning. BEGII~INO ~t the of the n0rthw~rl¥ line of l~ho01 H6use Road with ~he southwesterly -line of Oriffing Street and running ~ along aaid southwe~terl7 line of ' ~.Griffing 8t:ree~, two courses as folX "..' lows: (1) S. 38° 05~ -40" ~.--085.81 '~feet' thence (~) $. 49° 3~' 40" E.-- .. i22.~8 feet l then~ three eom'res ~md distances a~-.loJlow~': (1) '/0° ~.8' ~" W.--~.3.67 feet; thence (~.) S. ~o ~1' ~0" W.--18~.fi5 feet; thence . .{3) lq'. 3"t° 13"80" W.~9~.§"/ fe~t; thence alo~. other l~nd of the pe- titioner hemln on the direr exten; sion southwe~~ of. ~d north- w~s~erly lh~e ,f ~ool'I'lou~ Road point of beginning,';'~.:" "~s.." . · ~. B7 ehsnging from "~A" R~dentl~l mad ~grieultural Dl~trtct to "1~.~" Bus- in.~ District the following, described 'All that certain ~act' or parcel of land situated at Mattituek, in thei .Town of ~uthold, SUffolk ~ounty, New york, and ...,,more p.~.~..tic~:_l~.-' bounded and de .scrl~'</.,a~/ilf01101~vS~~ BEGINNING at.a c0ilcrete"m0n* ' ~"~ment set on the southerly lin~ Of 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 Southoid, 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 ...... ...~./.~.,-~../~ week/s/ successively, commencing on the ............... ~........c~... ........... eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeel®eeeeeeeeeeee eeee Sworn to be{ore me this .... ~.~... ......... d~y of .... Nota~ Pabl~ corner of land of Long Island Ice. and Fuel Corp. and running thence; along said line of Main Roa~t orth.,i N 52° 02' 10" East, 717.20 feet to at concrete monument and lsmd of I Frank Murphy. thence along said land of Murphy south 21° 04' 50" East 513.03 feet to a concrete monu-t merit set on the northerly line of Old Main Road; thence along said line of Old Main Roa.d, two courses as follows: (1) south 56° 57' 20"I West 28.88 feet; thence (2) south 84° i 42' 10" West 288.26 feet to an iron pipe and land of Frank Nawrocki.; thence along said land of Nawrocki, ~ three courses ms follows: (1) North 9° 59' 10" West, 268.88' feet to an iron pipe; thence (2) S. 52° 13' 40" . West, 191.51 feet to an iron pipe', .: thence (3) south 16° 26' 40" East,' 168.34 feet to m concrete post set on the northerly line of old Main Road; thence along said line of oral Main Road South 88° 34' 50" west : 246.14 feet to a concrete monumen~ i and said land of Long Island Ice and Fuel Corp., thence along said land north 23° 90' 50" West, 108.53 feet to the point of beginning, con- taining 4.269 acres. i 3. By changing from "A" Residential i and Agricultural District to ,,B,, Busi- ness District the 'following described property: All that certain tra. ct or parcel of land situated, mt Arshamomaque. in the Tow, n of Southold, Suffolk County, New York, and more par- ticularly bounded and described as follows: BEGINNING at a monument on ] the northerly line of the Middle : Road at the southeasterly corner of i ,land of Jack Levin and Irving Levin =.and the southwesterly corner of ' ~land of Sarah R. Feeney and Kath- erine M. Feeney. from said point of beginning running along said north- erly line of the Middle Road, N. 62° 00' E.--270.0 feet to a monument. · thence along said land of Feeney', N. 28° 00' W.--360 feet, more or l~ss · to ordinary high water mark of ~ Long'Island Sound' thence south- ; i westerly along said high water mark, 295 feet, more or less to said land of Levin. thence along said land, S. 28° 00' E.--230.0 feet, more ~ or less, to the point of beginning, containing 1 3/4 acres, more or less. 4.. By changing from "A" Residential and Agricultural District to "B-2" Bus- iness District the following described [property: ~~_ll that certain tract or parcel ~re or leas, southerly from a con= /~[ete monument, marking the /~l~ortherly extremity of said westerly /4f~'line of Wickham Avenue which runs ~"? S. 280 4S' 40" E.--running thence i ? westerly and' southwesterly .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 Avenue 90 feet S. 28° 48' 40" E.--from said monu- .ment above mentioned, being 69" ,28' 10'; W.--479.16 feet; thence along "said ordinary high water mark of Mattituck Creek southwesterly and northwesterly to a point, the tie 'line being S. 63° 23' 00" W.--300f/9 feet; thence northwesterly along ordinary high water mark of Mat- tituck Creek to a point, the tie line being- N. 15° 19' 40" W.--393.76 feet; thence northeasterly along ordinary high water mark of Mattituck Creek to .a point the tie line being N. 34° '"48' 40" E.--412.04 feet; thence along other land of the said Baker and Van' Buren, the following two courses and distances 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 Aveune 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. 5. By changing from "A" Residential and Agricultural District to "B-2" Bus- iness 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 particularly botmded and described as follows: · BEGINNING at an iron pipe set .on the southwesterly corner of · Silvermere Road, where said road changes in direction from an east- 'erly and westerly course to a north- erly and southerly course; running -thence South 1 degree 24 minutes 40 seconds West along the westerly line of Silvermere Road 238 feet, more or less to the ordinary high water mark of Pipes Cove; running thence westerly along said · high water mark 'of 158 feet more or less, to land now, or formerly of Sieger' .thence north 3 degrees 45 minutes 'east along said last mentioned land -270 feet, more or less. to an iron -pipe set in the southerly line of .Silvermere l~oad; and thence south 80 degrees 55 minutes east along the southerly line of Silvermere Road · :149.66 feet. to th~"P0in~ or place' of beginning. DATED: June 25, 1965, BY ORDED OF · THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND, ,TOWN CLERK 39° 51' 40,' W'~-llgi~feet; thence (3) N. 37° 13' 30" W.-790.$7. f~t; ~itlo~r he, in on t~. dt~t e~~n ~~~rlY -0f ~d n~~erly ~ne ~qf ~h~l ~~ ~,-N,-~o ~, ~"~E.- 16~39 f~ ~ the ~lnt of ~- tuck, ~n' ~e T~.Of ~ut~ld, yixcE OF,,.. ~'F ZON~ O~CE "~ ~NO. 69 · of ~e ~,~ of ~u~l~ S~fo~ Co~ty, .... New' York, w~ d~y ~~ ~t ~"~ m~~ of .L By ~' fgom "A~'. ~i- "~ "~2'~ ~~~ ~rlct-~e f~- S~fo~ ~,.[.New York, ~re.. ~~y '~~d~: '.d. ' N. ~o.-34" ~" W. '~.~ 'f~t; j. ~e~e (~) .N; :~o ..~, ..~,, ~._ ::: ~' r~i~"'of..~ fee~ce ~ of ~~."~~;'.~d; ' me~ .al~ ~'d. ~u~t~ly- line, N. ~o .~, .~, E~I~,t0 ~' ..~e~e (2) S. _~o ~3' ~" 'E.- .... ~ ~.~- .f~t; ~:-.~~.. ~onE . ~d J ~d of ~~/:~ ~g ~d ,...:~ ~ ~,. s..S~°'"~' ~" ~'_',,:?.-~", W.~.~'.~t; '~en~ (~)" s. land af Feeney, N. 28° 00' W.- 360 feeS,-more or less', to ordinary high. Water.. n~ark of Loug Island Somxl; :thence sot~thwesterly 'a~o. ng. said high- .water mark, 2~ fee~ more or le~, to said ' ".t~ af · Le.vin; thence along said hu!d, S. 28° '00' E.-230.0 feet, more 'or.::-leSS, to' the pokut of be- 'ginning, cont~ning 13A ,acres, more or less. 4. By char~ing from "A" Resi- dential and A~riculbuzal Distriot to ",B-2" Brininess District the · .. followir~ deecri, bed pro~rty: All that certain tract or par- cel .of land situated at Matti- ~ SS' -. ..... ~.~.'~ ........ being duly Sworn, Printer and Publisher of the 5UFFOLK Iblished at Greenport, in said county; which the annexed is a printed copy, the said Suffolk Times once in each 'tuck, in the Town of Southold, ......................... ..L.'..~...~..%.~. ................................ weel~ ..Suffolk Ommty, New York, and mOre )particUl~ly bounded and ,~ on the ........ ~~:.2:~~ .................... d~ as foUows: .B~IN~O at .a point where ................... 19.6..~... ~ ...... ~he' we,sterly ,line of Wick, ham Avenue is intersected by ordin- ~ ary hl~.h water mark of Matti- tuck Creek, said point .being S. -28o 48' 40" E.-130 feet, more or less,, so~herl~ from a .concrete mor~mnen~t, marking the north- erly ex.t~mi~y of said westerly ll~e o~ Wickham Avenue v~hiCh .runs S. :28° 48' 40" E:- running .thence westerly an~ southwest- erty.-alo~~' htgh water ma~k of ..Mattltuck Creek to a point, the tie line. from .said point to a · 'point on the westerly line of Wickham .Avenue 90 feet S. 28° 48" 40" E.-from said m°nument ..above mentiondd,-'being 69° '28' · 10" V¢.-479.16 feet; thence along saki ord!rmry high water mark of Mattitu~k Cr~e.k southwester- ly and ~esterly to a ,point, the tie line being B. 6.3° 23' 00"~ W,-~0.79 feet; .thence north- westerly .~ong ordinary high water nmrk of M~ttPtuck Creek %o ~ point, the tie line being N. 15° 10' 40" W.-39'3.76 feet; thence northeasterly -along ordinary _high Water mark o£ Mattibu~k Creek to a point the-tie line be- ing N. 34° 48' 40" E.-412.04 feet; thence..S, long other land of the' said B~ker ami Van Buren, the .following two coup-scs and dis- ~ces as foilers' (1) ~. 58.° 36' ... 10" E.'~.0 feet; thene~ (2) N. .6~° 06' 40" E.-~LS.03 feet to the westerly 'line of Wi.cl~am Ave- nue; therme along the westerly line .of .Wlc~ Avenue two ~ .~d distances as f, ol ~s: (x~':s. 24o. S~, ~0" E.-~0.00 g~t ..to;~ m°r~ument, thence (2) $. :~° :~,'.40" E.-130 feet more -or less :~ .the point or place ot ,beginning. 5. By c.~r~ging from "A" Resi- dential'and Agricultural District to B-2 Business District the fol- lowing described property' All that certain tract or par- eel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more partloulo, rly bounded ~.nd de- Scribexi as follows: BE~INNIN~ at an iron pipe set on the southwesterly comer of Sfl. vermere Road, where ~aid rooxt changes in direction from an easterly smd westerly course to a northerly_, and southerly '..Suffolk County, New York, and ..mo~ paxticula~ly botmded-and · '. desc_,tbed as follows' .: BF_~INNII~G at a exmcrete mon- ~.~ ument set on the southerly line _,._ erly corner of~land of Long Is- land Ice .and Fuel. Corp. and thence ~long said Une ~/:.of ~ Hoad North 52° 02' 10" :;!.:.:/.F, ast, 717:20 feet to ,a concrete and l~nd of Frank i:/i::l~aa%uhy; thence alongosstd' land ~.of M~Y south 2~ O4 5O" :'.East 513.03 feet to. a concrete · 'monument set on the noFtherly ': line of Old Main Road; thence ~~.. course; running thence ~outh 1 i! i, of M ~h: ~i~ mo~ ent '.~' line ( Oh '~".. ~!~ ~id !!~ O~ degree 24 minutes 40 seconds West along the westerly line of Silvermere Road 238 feet, more or less to the ordinary high wa- ter mark of Pipes Cove; run- ntng thence westerly along said high water mark of 158 feet .more or leas, to land now or for- merly of Sieger; thence' north 3 .degrees 45 minutes east along said last-mentioned land 2~0 fee.t, more or less, to an iron pipe set in the southerly line of Silvermere Roa~l; and thence south 80 degrees 55 minutes east along' the southerly line of Sil- .-' .~eaa, ~--. verrn, ere Road 149.66 feet to. the ...... ",,wo c~fir~ ~g fell__ew.~' Point .of .,pl~e. of ..be$innin~, · .(1- Sout~ 56 o '57' 20" We~l; 28.88 'feet; .t, hen~e' (2) South 84° 42~ DATED June 25, 196.5, , : ~ '-lO" West 288~ feet to an iron ~.~ .,,pi~- and -land. of Prank Naw- .~:,;:'rocki; thence-alang '~id l~nd ., '.of Nawrocki, three cour~ ~s "follows': (1) NOrth 9° 59' 10" '. West, 268.88 feet ,to an iron pil~e; "thence (2). Sauth 5.2° 13' ...gg), .... ~..~.~~.=~" ~.,:. ............. .. __.. BY ~ OF THE SO~ TOWN BOARD AI~ERT IF. RIC~OND TOWI~ C'LEI2. K ltJy2 '~ York, and ,more pa,r.ticularly ~bo. unded .and descri, bed as fol- lows' Beginning ,at a mo~nu,me~t on 5he northerly line ,of the Mid- dle t~o~d a,t the southeasterly corner of' land of Jack Levin ,and Irving Le.vin ar}d the sot~ta~ .... westerly corner of 1.a~d of Sarah -- 12. Peemey and Kmthe,rine M. Feeney; from. said po.in~ of be- ginning running ~al~orrg said northerly line of the Middle .Road, N. 62° 00' E.-270.0 feet; to a monument; thence along said · thence (3) souZA 1~° 20' ~." East, 168.34 feet to a .concrete :, :oI6mOo u~n. '~uomo~~ post sci o.n the nor~,erly line ~PUI of Old Main Road; ~e.nee along said line of ~Old Main ~d 8ouCh 88° 8~' 50" Wesg g~..l~ fee~ ~o a concrete monumen~ and said land o.f Long ~land ~°lU~qoom Ice and ~uel Co~.~ thence ~ong . ~ ..,. ~ .. .~. aaid lan~ Norgh 23 ~0' 50" We~, ginning, eongaining ~.2~0 ~r.~. ~. By changing from "A" ~- '~:'~~. '~ -;deatial and Xg~,cul,tura.1 District -:W '"B" B.usme~ DMtric,t me fol- ''lowing de.se~.bed pr~ergy All that ~rtain tract or par- cel ,of land ~tuated ,at Ars~- . ' ..... '~"'-"' .... :-:;'"'~' '. Soul,old, Suffolk Coungy, ~e.w ' _. · , . ' ,;' ,e ! I H~. 69 pvxllt,mm~ tc) IS ~u~ny (lilY/N, --that after t public heirJ~g held the requtremfmtss o£ :L~, the Bu. lldlng Zone OTdlnmK~, (_-including the BuXld,tng Zone Mai)) o:L' the Toun of So~thol.d, Su£folk Coutny, ]Jew York, wa~ duXy mu~ndod at a regular ueet/nq of the Sou. tiMid Town l~~rd held on 1965, u follows~ D~~i~ to "B-2" Bui:tnoss DXl.trtCt the followXnq de. cz .1bed property= All that certatn ~ or pmr~el o£ land IAtuatod at Cu~_~h_~ue, ~n the Town of SouthoXd, Suffolk County, Ne~ York, and more partteularly bounded and described as folXo~-ms on the northemmte~ly IXne of Or t££1ng Street at the wost~zX.y corner of land of ~tmeider-; ~ runnXng along said northeasterly 11ne of (}ziff~ Street, three ~rsH as £oXl.owss (1) If. 390dd~rr~s 09 mlnutef 20 seconds we~t 4.56 thence (2) H. 49 degrees. 34 mlnut~8 40 seconds W.-122.50 feet; thence (3) ii. 38 degrees 05 minutes seconds W.-554.91 feet~ the~ nort~ea~t~'~i.:F on curve to the rXght hav~g' & rmdtus of~ 24.56 feet a rdtS~ o£ 39.01 feet to the southeamt~ly line of School House Road; .the~ &Xon9 said southe~st~ly Xlltm,, N. 153 dmqroem 55 mXnutmm 2-0 teconds B.-144.10 foet~ thence along land of Wt~ t~o couz-.'ses ml -2- 37 degrm~ 04 m~nutes 40 seconds £eet) thence (2) S. 36 deg~ee8 53 minutes ~0 8econ.de E.-306.04 feet~ 'thence along' sa~d land o£ and along land o£ C. aoe, $. 37 dog~, 20 minutes 20 sec~nds east-140.$6 feet; thonce along .-land .of wo1£, B.-35.20 ~eet; S. 37 de-~a 3.4 minutes 20 .edonds · th~~ along sa~d ~and of Schnetd~r, 55' 40" W.-131,92 £eet to the poLnt of beg~nnLng. BB~~ at the~ntersectLon of the north~~terly line o£ School House Road~i~h ~he sou.~esterly line of Grtf£Lr~ Street and ru,'nnJ~q along ~~d south- folXows, (I) G. 38~ 05' 40" E.-635.81 feet; t~~ce (2) S. 49° 34' 40" ~.-122.98 feet7 thence throe courses and dls-tances as £ol. low-$= (1) $. 70° 28' 40" #.-23.67 £e. et; ~ence (2) $. 39° 51' 40" W.~185.$5 £eet; themce (3) N. 37° 13' 30" W.-790.57 £eet; th~ce :other land of t~e petitioner herein on ~he alit. eot southwesterly of sald northwesterly line of School Sm3-se Road, If. 52° 55' 20" 11.-167.39 feet the point of begLnn~. 2. By .changing from "A" Restdent Bus ~neos Dlstxt~ ~he · and Agricultural roi low tng demcr~ All that oortain tract or parcel of land !'~taa,ted at ~attttuck, in the Town Of Sc~thold, luffol~ County, HeM York, and more ~ded and ~zly 11ne at a concre,te ~onmaent set on the of Ma~n Road, at the northeasterly co~r o£ land of Long Xsland Xce and Fuel Corp. -3- _ . ~henee_ and ~unn~ng/~ .along s'a~d l~ne o'f~ Ma~n Road lfort~ 52 ° 02 * 10" Ea..~. 717.-20 £eet ~o a concrete nou~n~ and land of Fran~ Murp~y~ thence along land of Muzphy south 21 ~ 04' 50" East 513..03 f~et to a concrete monument set on thenoztherly thence along sa~d line of OXd Ma.~ Road, two courses &. follow-s= (1) sou th 56° $7, 20" West 28.88 feet~ threrice (2) south 84° 42' 10" west 288.26 feet to- an iron pipe and land of Frank Naw. roaki~ thence along land o£ Nawr~~, tlLeee courses as fOllo~a~ (1) North 9° 59' ~L0" west, 268.88 feet to .an ~ron p~pe; thence (2)s. 52 ~xon pdd~ p~pe~ ~ 13' 40" West, 191.51 feet to an thence (3) south 16 ° 26 * 40"' aaat, 168.34 feet to a concrete post set on the northerly l~ne of Old Ma~n Road~ then~ along said line of Old MaZn Road South 88° 340 5-0~ west 246.14 meet ..to a con.ere monument and and Fuel Corp., thence said ladd of Lon9 Island along saXd. land north 23° ~0' 50' West, 108.53 feet to the point o£ beginning, a~taining 4.269 acres. 3. By ch&ng~ng from D .-lstri=t to "B" Businmos "A" ResidentS1 and Agricultural District the following described All that .certain. tract or parcel of land situated at Arsh~_~que, in the Town of $outhold, Su£foIk County, New York, and more part.icuLarly bounded and described as follows.s -4- _BB~~~ &~ a monet on the norther'iy l~ne o£ the M:l. ddle Road at: the southeasterl~ corner of 1&nd of Jack Levln and Irving L~vin and the south.westerly corner of land of ~ Sarah a. Feeney Katherine M. FeeneyF fr~ s.a-~d point of beginn~~ ru~Lng along said northerly line of the M~ddle Road, H. 6.2° 00' E.-270.0 fee~ to a -mon~ntF thence along sa~d land of Feene'y, N. 28° 00' W.-360 feet, more or less to ordinary high water mark o£ Long Island $oui~ thence south~sterly along said high water mark, 295 feet, more or less to sald lan~ of Lev~n! thence along said land, S. 28° 00' E..-230.0 feet, more or less, to ..the point of beginnt~ng, containing more or less. 4. By chang-~ng from "A" Re.sAdent/al and AgEicul-tural Distr~c.t to "B-2" Bus,ness District the followLng descend property= Ail that. certain tract or parcel of land situated at Mattltuck, In the Town o£ $outhold, Suffolk County, New York, and more part~culaxly bounded and descr/.bed as follo~8-- At. a po.int where the westerly l~ne of Wickham .avenue is ~n.tersected by the Or--fy high water mark of Mattituck Creek, said point being $. 28° 48* 40" E.-130 feet, more or lesl, southezly from a codrete mon.~t, marking the northerly extremity of said westerly line of wickham Avenue 'which runs westerly and 28 o 48 ' 40" E. -runn ~ng thence southwesterly .along high w.ate~Lrk -5- o£ Mattituck Creek to a point, the tie 1 lne, £rom said point to a point on Avenue 90 feet S. line oE 48' 40~ E..-.£~om said mon~nt above mentioned, being 69° 28' 10" 479.16 feet~ thence along said ord/nary ~high water' ~ark of Jtattltuck nort~esterl¥ ~ apo .~.t, 23 ' 00" W. -300.79 feet; oral/nary high water.- mark Creek sou~westerly and the tie line being S. 63° thence northwesterly along of Mattitu~ Creek to a point, the tie 1~ being. N. 15 ' 19' 40' W.- 3.93.76 feet~ thence ozd~ary htgh water mark Cf' Mattituck Creek along tO a ~.~t 'the tie l~ne being N. 34° 48' 40" B.-412.04 ..thence. along other land of the said Baker add Van Buxen, the fo!low~ng two coursea and (1) S. 58' 36' I0" E.- 245.0 '.feet; ~hemce' (2) H-. 650 05' 40" E. -21,5.03 £eet tothe we-s'~erly l~ne of Wtc~ham Avenue; the~ the westerly l~ne of Wtckham Avenue two and d/s.~'tances as f611eMs: (1) $. 24° 5-4' 20" B.-330.00 .feet to a mort eat, ".~en~ (2) $. 28° 48' 40" E.-130 feet more or less to the polnt or place of -beginning. 5. By changing fr~ "A" Resident.iai and Ag~tcult. ural D:Lfttrl.ct to "B-2" Business Distr. lct-.the £oliowin~ ~tbed proper Ail that certain tract or parcel of land sltua~ed at ~reenport 0 New York, and am folios t the Toun of Bou ~tltold, Suffolk C ~.ounty, more paztt~ul~ly h~~ded and descr~d -6- iL~'XIIM..XN~ at an izon pipe set on the south- westerly c~~er of S ilvermere Road., where said road ~hmnges in directXon from an easterly ,and wes. te.r.ly course to a .northerly and south.e~ly courem.~runn~ng thence south I degree 24 m~nutes 40 s~ds west along the ~esterly l~ne of $[1.ver- mere ~.oad 2.38 £eet0 .more or less to the ordinary h~gh water mark of P~pes Cove~ running thence we-~2erly along said high water mark of 158 feet ~ore or less., to land now or formerly of Sieger~ thence north 3 degrees 45 minutes east along said last .mentioned land 27 0 feet, more or less to an iron plpe set in .the southerly line. of S tivermere Road~ and thence south 80 degrees 55 m/~utes east along the southerly l~ne of Sllvermere Road 149.66 feet to the .point or pi.ace of beginning. DATED--= JUNE 25, 196.5 BY 0atDER OF THE SOUTHOLD TO~ii ~ ALB~ItT W. RXC~, '~ CL~~' ,~Xi3t~VX.T~ 'OF ' ~FU~.L~TXO~i ~XA~Y TO THE'~ CL~ItK, Copies mailed to the following on Jtme 2~-, 1965 = The Suffolk Times The L~ .'Xsland T~.aveter~tt~tu~k J&.cflc & X~~g L~tn J~ ~. ~lty, Esq. ~~ Jur=ze'ni.a Wat~n MINUTES June 17, 1965 Present~. SUP~BViS(~ Lga~ M. AL~~TSON JU~TXCE RALPH JUSTICE HRm~Y CLARK COI1NC~ LOUIS D~MEP, F,~T TOW~ A~Y ~O~g~[T TA~m TOWN CLERK ALB~T W. RXC~ 2 $uperv.~sor A~ber~son advised that. the hea~ing e. chedu~ed for the change of- zon~ application of woodho&low Pr. opezti~s~ ][nc. ~ would not be heard because of an error ~n the leg&l descr~gtion in the legal notice. SUPEItVISO~ ~TSON~ ! will open the first hearing by reading the legal notice. "Pursuant to Section 265 of the Town Law and Article iX of the Building Zone Ord:in~-ce of theTown of $outhold., Suffolk Cuunty, New York, public hea. z~g wtll be held by the $outhold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, tn said town on the 17th day of June, 1965, at 7~30 o ~clock in hthe evening of said day, on the following proposals to amend the Building Zone Or dinance, (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. "1. By changing from "A" Res:~dential and Ag'xtcultural District to "B-2" Business District.- .the follow~q described property. "All that certain tract or parcel of land situated at Mattituck, in the Town of S.outhold, Suffolk County, New Yor~, and more particularly bounded and described as follo~s~ "Beginning at a concrete monument set on the sou-therly line of Main Road, at thenortheasterly corner of land of Long Island Ice and Fuel Corp., and running thence along said line of Main Road North 52° 02~ 10" East, 717.20 feet to a concrete monu~nt and land of Frank Murphy~ thence along said land of Murphy south 21e- 04* 50" East 513.03 feet to a concrete monument set on tke northerly line of .Old Main R-oad~ thence along said line of Old Main Road, two :~.~' courses as follows~ (1) South 56° 57' 20~ West 28.88 feet~ thence (2) south 84~ 42' 10" West 288.26 feet to an iron pipe and land of Frank Nawrocki; tkence along said land of Nawrocki, three courses as follows~ (1) North 9° 59 ~ 10" West, 268.88 feet to an iron pipe~ thence (2) south 52° 3 13' 40" West, 191.51 feet to an iron p~pe~ thence (3) south 16 e 26' 40" East, 168.34 feet to a concrete post set on the n. or'therly l~ne of Old Ma~n Road~ thence &long said line of Old Ma~n Road South 88° 34' 50" West 246.14 feet to a concrete mon~nt and sa~d land of Long Island Ice and Fuel Corp., thence &long said land north 23° 90' 50" west, 108.53 feet to the point of beginning, containing 4.269 acres. "Any person desiring to be heard on theproposed amendment should appear at the time and place ab~-e specified. "Dated~ May 18, 1965, by Or.der of the Southold Town Board, Albert W. Rickm~d, Town C. lerk." SUPERVISOR ALB~TSON: There ~s an affidavit in the file indicating publication was ma~de of the legal not,ce. ii w~ll no~ read the recommendation of the Planning Board. "Gentlemen~ This is to certify that the follo~ing action was taken by the $outhold Town PlanningBoard at their regular meeting held on May 11, 19.65 "In thematter of the amended petition of Della Chew for a change of zone from"A" Re. sXdentXal and Agricultural District to "B-2" Business District on certain real property located at ~attitu~. (legal description was not again read. ) "'It is hereby ~t~OL~ that the $outhold Town Planning Board favorably re recommends to the To~.n Board 'the change of zone from "A" Residential and Agricultural District to "B-2" Busin ess District on the property of Della .Chew as desc.r~bed alx~e. "This property will be used for a nursing home if it is changed to a business ali.strict. The Planning Board feels there is a great need for such a use in the Town of So~thold, and a nursing hcxae would be an asset to tke to~n of Southold. "Respectfully submitted, /s/ John WXckham, Chairman, Southold To~n Planning Board." 4 SUPERVISOR .ALB. ERTHONz At th~$ time is there any one present who w~shes to be heard in favor of th~s change of zone? JAMES OLSENz Mr. Chew is here. I think that he wo-uld have a few words to say .about it. .MR. CHEW: I am In favor of this change. One question I would 1 ike to ask. this is pass'ed .by theTown Board, when will be kno~? SUPBRVi$~ A~., ~T~ON: ! would say after the next meeting of the Board which is June 2$th. MR. CHEW: I would like to go on record as being in favor of this. SUPERVISOR Ai~BR~~: Anyone else wish to be heard in favor of this change? MARTIN SUTKR: Since .this connects eveyth~ng that is business property, think that is a good reason to make this business. You have the gas station on the west end, and business on the other end. This would be a good add/tion. SUPERVISOR ALBB.RTTSON: Anyone else wish to be heard in favor of? JAMBS OLS~N: ! am in favor of this change. SUPERVISOR ALBRRTSON: Anyone else wish to be heard in favor of this change (There was no response. ) SUPERVISOR ALBBRTS~: Anyone wXsh to be heard in opposition to this change of zone? (There was no. response. ) SUPERVIS~ ALBERTS.(~: Anyone wish to be heard one way or the other on this change of zone? (There was no response. ) at SUPERVISOR ALBKRTSOH: Hearing none, I will close the this time for the fur'ther del/beration of the Board. hearing open the second he.a~.ng by reading t~e legal not~ce. "2. By chaning from "A" Re~nt~al and Agricultural Distr~ct to "B-2" Busines. s D~stric-t the follo~ing described property= "All that certain tract or parcel of land situated at Greenport, in the Town of $outhold, Suffolk County, New York, and' more particu, larly and des.etChed as follows~ "BE~NN~ at an iron pipe set on the southw.esterly cornerof Silver- mere Road, where said road changes in direction from an easterly and westerly course to a nor-therly and southerly course~ running thence South 1 degree 2.4 minutes 40 seconds West along the westerly line of $~lvermere ROad 238 feet, more or less to the ordinary ~k&k h~gh water mark of P~pes Cove~ running thence westerly along said high water mark 158 feet more or less, to land. now or formerly of Sleger; thence north 3 degrees 45 minutes east along said last mentioned land 270 feet, more or less, to an iron pipe set in the southerly line of S ilvermere ~oad~ and thence south 80 degrees 55 minutes east along the southerly line of Silvermere Road 149.66 feet to the point or place of beginning. "Any person desir~g to be heard on the propesed amendment should appear at the t~me and place above specified. "D&ted~ May 18, 1965, By order of the $outhold Town Board, Albert W. Rind, To~n Clerk." SUP~~VIS~ ALB~-~TS~~ There ~s an affidavit in the file ind~cating publication was made of the leg&l notice. will no~ read the recom~endatio of the Plan. n/.~g Board. "Gentl.emen~ This is to certify that the foll.o~ing action was taken by the Southold Town Planning Board at their regular meeting held on MaY 11, 1965~ "In the matterof the petition of Thomas andFlorence Jurzen~a for a change of zone from "A" Residential and Agr£cultural District to 6 Business District on ce~t&in real property situated at ~r®enport. (legal desCriptLon was not read again) "It -~s hereby ~$~V~ that the $outhold Town Piann~ng Board favorably recc~eaends to the TO~n Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of Thomas & Florence JurzenSa as described above. "This is forthe expansiOn of a present non-conforming business, namely a so.tel °Perat~on. This is 'a well established business and an asset to theTown of $~.~-thold. The Board &1so points out that this ~rOl~erty ~s loc. ated off the main highway. "Respectfully submitted, John W~.ckh&m, Chairman, Southold Town Planning Board." SUP~RVlSC~ AL~3tT$C~ At th~s time is there anyOne who wishes to*. be heard in faVOr of th~s change of zone (There was noZ~esponse. ) Any one a~ all wish to be heard in favor of th~s change of zOne ? (There was no response.) SUPKRVXSO~ ALBERTSO~: Xs there anyone present who ~lshes to be heard in opposition to this change of zone2 ALBERT FR0~t I do. In addition to the property that is being zoned is 20 feet on the other side of the street that will be used for the same-., purpose and is not in the description. I th~nk ~t should have been taken in fox the ~ange. It is 20' ~ by about 200'. It surprised me that there could be spot zoning like that/ However, I don't object to the ckange o.f zone. The 20 feet should be zoned with this piece. SUPERVISOR ALBF/~TSON: Anyone else wXsh to be heard in oppos Xt~on to th~s change of zone? (There was no response. ) SUPBRVIS0~ ALBERTSC~ Anyone ew~sh to be. heard one way or the other on th ~s o/l&nge of zone ? 7 ~ere was no response. ) SUPERVIS(~t ~,BF, RTSON~ Hearing none, I w~ll close the hear~ncj at this time for the further del/be.ration of the Board. SUPB~IS0~ ALBBRTSON~ I w~ll open ~he next hearing by reading the legal not,ce. "4. By changing from "A" Residential and Agricultural District to "B-2" Business Distr~ct the following described property.-- "Ail that certain tract or parcel of land situated at Cutchogue, in theTown of $outhold, Suffolk County, New York, and more particularly bounded and des. cr.lbe, d as follows~ "Beginning at a point on the northeasterly l~ne of Gr~ff~ng Street at the westerly corner of land of Schneider~ thence running along said northeasterly line of Griffing Street, three courses as follows: (1) N. 39° 09' 20" W.-4.56 feet; thence (2) N. 49° 34' 40" W.-122.50 feet~' thence (3)N. 38° 05* 40" W.-554.91 feet F thence northeasterly on a curve to the r~ght having a radius of 24.$6 feet a distance of 39.01 feet to the s~theas~riy line of School House Road7 thence along said southeasterly l~ne, N. 52° 55' 20" E.-144.10 feet~ thence along land of Wickham ~~ courses as follows~ (1) S. 37° 04' 40" E.-219.84 feet~ thence (2) $. 36° 530 20" E.-306.04 feet~ thence along said land of Wickham and along land of Case, $. 37° 20' 20" E.-140.56. feet; thence along land of Wold, $. 37° 34* 20" E.-35.20 feet~ thence along sa~d land of Schneider, $. 51° 55* 40" W. 0131.92 feet to the point of beginn~ng. "B~INNi~ at the intersect~on of the northwesterly line of School House Road w~th the $outhwesterly~.line of Gr~ff~ng Street and running along said southwesterly line of Gr~ff~ng Street, two as follows: (1) S. 38° 05' 40" E.-635.81 feet; thence (2)S. 49° 34' 40" E.-122. -98 feet~ thence three courses and distances as follows (1) S. 70° 28 ' 40" w. -23.67 feet.; 'thence (2) S. 39~' ~51 ' 40" W. -185.55 thence (3)N. 37~' 13' 30" W.-790.57 feet; thence along other land of the pet~tioner herein on the d~rect extension southwesterly of said northwesterly line of Scholl House Road, N. 52° 55' 20' E.-167.39 feet to the point of beginning. "Any person desiring to be heard on the proposed amendment should appear at the t/me an~kg, place above spec~fied. "DATED~ May 18, 1965, By Order of the $outhold Town B~rd, Albert W. Richmond, Town Clerk.. SUPERVISOR ~TSON; There ~s an affidavit in thef~le ~nd~cat~ng publication was made of legal notice. I will now read the recommendation of the Planning B~ard. "Gentlemen~ This is to certify that the following action was taken by the $outhold To~n Planning Board at the-~r regular meeting held on May 11, 1965: "In the matter of the amended petition of William Baxter, Jr., and others for a change of zone from "A' Residential and Agricultual Distr~ct to 'B-2" Bus~ness District on certain real property located in Cutchogue, (legal descr~on was not read again. ) "it is hereby itESOLVED that the Planning Board favorably re- recommends to the $.outhold Town Board the change of zone from "A" Resi~ential and Ag'ricult~ral District to "B-2" Business Dlstr~ct on the Property of William Baxter, Jr., and others as described above. "The Planning Board most urgently request that this change of zone be given f&vorable consideration as soon as possible. Th~s change of zone is ~n line with the expansion of the business district in C u tchogu e. 'Respectfully s~bm~tted, /s/ John W~o~ham, Chai~~tn, Southold To~n Plann ing Board. ( 9 SUP~RVIS~ AL~EltTSON~ At th~s time is there anyone present who wishes to speak in favor-of this change of zone? WILLL~M W~, appear on behal.f of the ~etZtioner. My remarks at the fLrst hearZng, which the Board has a transcript of, may be applied here. I Just want' to summarZze a bit. really bel ~eve that th~s is a proposition which should be looked u~on most favorably by the Board. It is a n&tural expansion of the bus,ness d~strict. It shoul be expanded on a super highway. We are beginning to ~ncrease ~n .population out here. We have to prepare for the residential expansion, but we also have to prepare ~.?-for ~e bvs~ness expens:J, on. In add~tion, we have agreed ~}with the Planning Board to turn over to the Town certain strips of land along the road that has been approved by the Planning Board. Now ~f you grant th~$ application, the road would be 60* w~de running north from the post off,.ce and to the east. SUPERVISO~ ALBERTSON.~ Anyone else w~sh to be heard in favor of this application for a change of zone? (There was no response. 0 SUPERVIS~ ALBERT~ON: Is there anyone present who w~shes to speak in oppositi.on to this ~hange of zone? (~ere was no ~esponse. ) SUPERVIS0~ ALBBRTSON: ~s there anyone present who w.~shes to be heard one way or the o.ther on this uhange of zone? RICHARD CRQN, ES0. ~ Supervisor, and members of the Town Board, when this application came up quite some time ago for change .of zone, strong opposition was made to the zonigg ekR~.- change. At that time, I would l~ke to put on the-record, that this was done in extreme good faith, and was largely objected from the point of view that the Zoning law provided quite a number of permitted uses. Many of which, if approved, could be ~e~e detrimental to the Cut~hogue area. Now that the 10 the Z.on~ng Ordinance has been changed SO that more lhu~ted, there ~s no Objection. HOWever, X would like to put on the record, is correct,' th.e~ 1&nd on the ~we'st of Griffing the permitted 'uses are tke ' petitioner. I wou-ld like to say if my.'. undere~ding obi ect 1.on to any further changing of zone in Street ts ~art of another that we would voice th is area. And ! say this no~ .... there is an old sayings, an ounce of prevention is worth a pound of cure. there awo~- anyone heard one way or the other on this change of zone? (There was no response. ) else wish to be at SUI~~IS(~ ALB~RTSON~ Hearing none, I will this t/me for the further deliberation of the close the hearing Board. " i~,~.,,[="~_iW_~· Lane; thence .~?F Ti~ 80U~ ~oW'~ ! ~~i.~, ':~ ~'~~~'"~ ~ ~ --' ~T ~. ~~, ' ~~~ '~-~~ ara- ~~ C~ I,~ ~ ~ ~10' f~t a ~nce of ~~"~ ~ ~e ~~e.rly Side:- worn, JFF · ~' ~~-. ~9 ~ ~~rly sMe of P~nter and Publisher of the ~ OLK ~ .. .... ,.. . 49~. ':~--~ ~ "f~t ~ la~ )ublished at Greenpo~, in said county; '~ '.~ -__ menM~ ~d .... '"' "~ ~ ~u~ 40 the said Suffolk Times once in each ~ '~ ~.72 f~ to ~e ~ ~..~,: ~.. ~~ .:, f~.~ ~ ~ ~~ ~e on the .... . ~ ~ ~ ~ ....... ..., . ~~ ~ , . :. ~~f~~.~ ,, :',~:/ -~~~ ~ ~.~d nO~herlv ;his ...~...~..~..:..; . .~~ ~ , , :~'.-~. : ....................... .... J ~ "' · .... ~ "~~ -.. ~& '-~ - r~ ' - .................... ~ t :. re~m~ ...... ~~~ :- ~ .. : ~ ...... ' ~ ~t oa- .... , '~ ~ ~t "' ' ' - ."~'~~~~e ~e ~~ .'. ' - . .e.rly corner, of la~. of-,ra,~. Is. I CORNELIA C. K~OGH - _lined. Xee '~ ~ :'C~~., ~o~ ~u:c, state o~ ' Qua,xleu.. ~,. 30, 19~7 ~ ,. ~ ...... ~...~, · . .~ W~-~~...,.~,....,.,..., ~ ~ ~~ :~~., ~.=r.~ .,o'.: ~' ~, .-~. u)~..~, ~, .~ ~ (2) ~'~; ~"~:'* ' '-. ~ ..... W~,I~I~ ..... ~ ~ ~- "~" ": ~ .-~ ' ~' "~~'"':~t'-'~ "~-~ 1'., ..-f~ xee~ ~..the "~'~ .... ;~[';: '.1' t ,~..~ · ',~r~. ~ ............ .,~. ~ W~ ~ ...- · m~Ct~erol · .,'~..,,.-,..?~.~ .~~ ~~i~,~ ~ pr~ '. , .... ~ ,~ ,,_~ _ ' ----~,,.'v-'? ~ .,.,._,' _ . ~' . · :. '.~ OI ...... ~: " '~ ~~ :' ' ~~ -.. -- · · '~~ ~.- ........ ~ ~~or - ...... ~"~t - . '~~'.. ~un~ .~ · · ' .- " :~ ~- .;. '. , ' York ~. ~,-~ ~ -~ ..... ....... .-.~~arI d ..... W,~ :~ , .- , ~~- . .' ~~ asl N.::'.~ :~,-.2:~ '~. :(2) .. .- .-~ ..... . ~ ~, , . .. . . ~. .... ~~.~. road clxa~ges in direction from of 39.01"' fe"~"t'tb /irre ,of .School House thence along said southeasterly line, N. 5,2 ° 55' ,20" E.- an easterly ~ax~d westerly cc~urse ix) a n, orthe;rly .arid southerly ,course; running thence South 1 degree 24 minutes 40 seconds 'West alor~g the westerly line of +~vermere Road 2,38 feet, more ~r less to the ordinary high wa- · ter mark of Pipes Cove; run= aing thence westerly along said ,.high water mark of 158 feet ',more or less, to land now or for- merly of Sieger; thence north .3 degrees 45 minutes east along said last mentioned land 270 feet, more or leas, to an iron pipe set in the southerly line of · Silvermere Roa~l; and ~hence · south 80 degrees 55 minutes east .,along the southerly line of Sil- ".~ermere l~oad 149.66 feet to the ~01n~ ,or place of beginning. 3~ By ,cnar~gin~ f,rom ,'A" Resi- ren.,tial .and Agricultural District to "B~" Business District the fol- 1,~v'mg described prqperty' All that certain tract .or par- cet ,of land situated at Orient, in the Town of Southold, Su:f- .folk County, New York, and more particularly ,bounded and de- scribed .as follows' PAP, MI~ I -- B~G~NING .at She corner f, ormed by the inter- section of the southerly side of Park View I~ne and hhe east- erly side of Plum Island Lane aixd from said point of begin- ning; ruan~g therme easterly alor~g the said southerly side of Park View Lane 289.79 ,feet to .the westerly end of a curve to should appear at take time and feet; thence aloclg larval of Wiclc.- barn bwo. ,cou~rses as follows' (1 S. 37°04' 40" 'E.-219.84 feet;; thence (2) S..36° 53' 20" E.- 306.04 feet; thence along said' ~and of WicKham and along landt ,of case, S. 37~ 26' 20" E-140.56i feet; thence ~ong Iaml ,og Wolf, S. 37° 34~' 20" E.-,~5£0 feet;~ thence ato~g: .said lsnd of S~neider, ~ 51° 55' 40" W.- 131..9~2 feet ~o the .point of beginning. . BEOINNI. I~. ,sl; the intersec' ti:on of the nort~wester!y line of. School I-I.~use I~oad with the southwesterly line of Grif- fir~g ~treet .and running along said s~u.t~,westerly line of G r i I I i n g Street, two courses as .~.ltaws: (1) 38° 05' ,40" 1g.-635~1 Ieet; thence (2) S. 49° 34' 40" ,E.-122.98 feet; thence three courses and diz- tan'des as fo~ows: (1) S. 70 ° 28' 40" W.-,23,6q feet; thence 62) 39° 51' 40" W~l&5:55-feet; thence (3) N. 37° ~3' 30" W.-790:57 feet; thence .along .other la, ad of the[ ~)etiti. oner herein on the di.r~ extension soutbawesterly of rrort~westerly line of School'~ ~H~e Road, N. 52° 55' 20" 16.7.39 feet to the point of :girmir~g. Any person desiring _to ,be heard.' on the proposed amendmer~_ LEGAL NOTICE NOTICE OF HEARINGS TO ~ND ZONING ON PROPOSALS 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 17th day of June, 1965, on the following proposals to amend the Budding 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-2" Business District the following described property: Ail 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 concrete monument set on the southerly line of Main Road~ at the northeasterly corner of land of Long Island Ice and Fuel Corpo and running thence along said line of Main Road North 52° 02* 10" East, 717o20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy south 21° 04 ~ ~50" East 513o03 feet to a concrete monument set on the northerly line of Old Main Roady thence along said line of Old Main Road~ two courses as follows: (1) South 56° 57' 20" West 28°88 feet; thence (2) S©uth 84° 42: 10" West 288o26 feet to an Page -2~ iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki, three courses as follows: North 9° 59~° 10" West~ 268°88 feet to an iron pipe; thence (2) South 52° 13 ~ 40" West~ 191o 51 feet to an iron pipe; thence (3) south 16° 26' 40" East~ 168o34 feet to a concrete post set on the northerly line of Old Main Road; thence along said lines of Old Main Road South 88° 34~ 50" West 246o14 feet to a concrete monument and said land of Long Island Ice anc Fuel Corp., thence along said land North 23° 90~ 50" West~ 108o53 feet to the point of beginning~ containing 4.269 acres° 2o By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: Ail that certain t~act or parcel of land situated at Greenport: in the Town of Southold~ Suffolk County~ New York~ and more particularly bounded and described as follows: BEGINNING at an iron pipe set on the south- westerly corner of Silvermere Road., where said road changes in direction from an easterly and westerly course to a northerly and southerly course; running thence South 1 degree 24 minutes 40 seconds West along the westerly line of Silver- mere Road 238 feet~ more or less to the ordinary high water mark of Pipes Cove; running thence westerly along said high water mark cf 158 feet more or less~ to land now or f©rmerly of S ieger; Page -3~ thence north 3 degrees 45 minutes east abng said last mentioned land 270 feet~ more or less~ to an iron pipe set in the southerly line of Silverme~e Road; and thence south 80 degrees 55 minutes east along the southerly line of Silvermere Road 149o66 feet to the point or place of beginning. 3o By cha~3ing from "A" Residential and Agricultural District to "B'-'2" Business District the following described ~e~m~ property: Ail that certain tract or parcel of land situated at Orient, in theTown of Southold, Suffolk County~ New York~ and more particularly bounded and described as follows: PARCEL I-BEGINNING at the corner formed by the inter- section of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point of beginning; running thence easterly along the said southerly side of Park View Lane 289°79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along said last mentioned curve having a radius of 110 feet a distance of 96o 99 feet to the southerly side of lot 5 on said map; thence along the said southerly side of lot 5~ south 86 degrees 49 minutes East 156o 27 feet to land now or formerly of Young; thence along said last mentioned land South 0 degrees 20 minutes 40 seconds west 428°72 feet to the northerly side of Main Road (St~~); tb. ence alon~ the said Page -4- northerly side of Main Road and distances: the following 2 courses (1) North 86 degrees 13 minutes 30 seconds West 369°08 feet and (2) westerly 167048 feet to the corner formed by the intersection of the said northerly side of Main Road and the said easterly side of Plum Island Lane and thence along the said easterly side of Plum Island Lane: north 1 degree 02 minutes 20 seconds east 382 feet to the corner aforesaid at the point of place of beginning PARCEL II ~ Beginning at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane; from said point of beginning running along said northerly line of the Main Road So 88° 55~ 40" Wo-174.95 feet to land of Tabor; thence along said land of Tabor No 1° 43* 00" Wo-189.48 feet; thence along Lot 51 as shown on "Map of Section 2~ Orient by the Sea"~ filed in the Suffolk County C~lerk,~'s Office as Map ~3444~ No 0° 30~ 50" Eo-202o96 feet to the southerly line of a proposed highway to be known as Pa~k View Lane; thence along said southerly line So 88~ 57* 40" E.--185o80 fee% to said westerly line of 'Plum Island Lane; thence along said westerly line So 1° 02: 20" Wo-385o76 feet to the point of beginning~ containing 1o6278 acres° Page -5- 4o By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: All that certain tract or parcel of land situated at Cutchogue~ in the Town of Southold, Suffolk County~ New York~ and more particularly bounded and described as follows: BEGINNING at a point on the northeasterly line of Grilling Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Griffing Street~ three courses as follows: (1) No 39° 09: 20" Wo-4o56 feet; thence (2) N. 49 34: 40" Wo-122o50 feet; thence (3) No 38° 05x 40" W.-554o 91 feet; thence northeasterly on a curve to the right having a radius of 24°56 feet a distance of 39o01 feet to the southeasterly line of School House Road; thence along said southeasterly line~ No 52° 55: 20" E.-144.10 feet; thence along land of Wickham two courses as follows: (1) So 37° 04: 40" Eo- 219o 84 feet~thence (2) So 36° 53: 20" E.-306.04 feet; thence along said land of Wickham and along land of Case: So 37° 20~ 20" Eo-140o56 feet; thence So 37° 34~ 20" E.-35o20 feet; along land of Wolf~ thence along said land of Schneider~ S. 51° 55: 40" Wo-131o92 feet to the point of beginning° BEGINNING at the intersection of the northwesterly line of School House Road with the southwesterly line of Grilling Street and running along e~a said south- westerly line of Griffing Street~ two courses as follows: (1) S. 38° 05* 40" Eo-635.81 feet; thence (2) S. 49° 34'' 40" Eo-122o98 feet; thence three oourses Page -6- and distances as follows: (1) So 70° 28~' 40" Wo-23o67 feet; thence (2) So 39° 51 ~ 40" Wo- 185o55 feet; thence (.3) N. 37° 13' 30" W.- 790°57 feet; thence along other land of the petitioner herein on the direct extension southwesterly of said northwesterly line of School House Road, No 52° 55~ 20" Eo -167o39 feet to the point of beginning° Any person desiring to be heard on the proposed should appear at the time and place above specified° amendments DATED: MAY 18~ 1965 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT Wo RICHMOND ~ TOWN CLERK PLEASE PUBLISH ONCE~ MAY 28~ ~ 1965~ AND FORWARD~ NINE (9) AFFIDAVITS OF PUBLICATION IMMEDIATELY TO THE TOWN CLERK~ MAIN ROAD~ SOUTHOLD~ NEW YORK° Copies mailed to the following on May 19~ 1965: The The Lefferts P, Edson, Thomas and Florence Della Chew John McNulty William Wickham a/c Suffolk Times Long Island Traveler-Mattituck Woodhollow Esqo ~ a/c Jurzeni~ Watchman Properties ~ William Baxter~ Jr~ et el InCo Southold Town Planning Board .c;OUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John ~'[ckham, Chairman Henry Moisa Report to: Southold Town Board 16 South Street Greenport~ New York May 12, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 11,1965: In the matter of the petition of Thomas and Florence Jurzenia for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property situated at Greenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at an iron pipe set on the southwesterly cornerof Silvermere Road, where said road changes in direction from an easterly and westerly course to a northerly and southerly course; running thence south 1 de~ree, 24 minutes, 40 seconds west along the westerly line of Silvermere Road 238 feet, more or less, to the ordinary high water mark of Pipes Cove; running thence westerly along said high water mark of 158 feet, more or less to land now or formerly of Sieger; thence north 3 degrees 45 minutes east along said las~mentioned land 270 feet, more or less, to an iron pipe set ~n the southerly line of Silvermere Road;. and thence south 80 de- grees 55 minutes east along the southerly line of Silvermere Road 149.66 feet to the point or place of beginning. It is hereby RESOLVED that the Southold Town Planning Board favorably recommends tothe Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of Thomas & Florence Jurzenia as described above. OFFI ERK ALBE~T W. RIOHMIC]ND SrlUTHOLD, L. I., N. Y. April 28, 1965 Mr. John Wlckham Chairman, Planning Board Cutchogue, New York Dear Mr. Wickham; The original petition of Thomas and Florence Jurzenia, relative to change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain property at Greenport, New York, is in the files in the office of the Planning Board at ~outhold, 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 reconmmendation of your Board. Very truly yours, Albert W. Richmond Town Clerk CASE NO: ...................... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF TttE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO TtiE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. ~.e Jurczeni~ Greenport .... T/'kQma~... ~...~ ! .o...r. 9 .n..c 9 .................... residing at ......................................................... (insert name of petitioner) Suffolk County, Ne%v York, the undersigned, am the owner of certain real property situated at ............ G~eenpo~t ........................... and more particularly bounded and described as follows: BEGINNING at an iron pipe set on the southwesterly corner of Silvermere Road,where said road changes in direction from an easterly and westerly course to a northerly and southerly courses; RUNNING THENCE South 1 degree 24 minutes 40 seconds West along the westerly line of Silvermere Road 238 feet, more or less, to the ordinary high water mark of Pipes Cove; RUNNING THENCE westerly along said high water mark of 158 feet, more or less, to land now or formerly of Sieger; THENCE North 3 degrees 45 minutes East along said last mentioned land 270 feet, more or less, to an iron pipe set in the southerly line of Silvermere Road; and THENCE South 80 degrees 55 minutes East along the southerly line of Silvermere Road 149.66 feet to the point or place of beginning. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as £ollows: "A" Residential and Agricultural District to "B-2" Business District 3. Such request is made for the following reasons: I now have a non-conforming use and in order to expand and improve the present facility and expand the Restaurant operation and install a gift shop, etc., we need a "B-2" District. The area is presently all business use of non-conforming status. iL. S.) STATE OF NEW YORK,) ) COUNTY OF SUFFOLK,) --~-'~.-.~~~--..~~ .......... ,BEING DULY SWORN, deposes and says that he is the petition~er 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. Sworn to before me this ./.~...-..~day of ............ ~..., 10.~.~-- Notary Public. ii 0 i, '0 0 (., :z Z ilimil-,i, i...-ii : ' - .- #./lII,m~ ,, m~,,~ ................................. Tim I ........... I ...... · it ILl I I .................... 0 ~'~~.O0 WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by .................. ~..~.~,~....~.....e~... ........................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ...';~!~...~,~.~..*...~..~;~.".. District to ....'~..?..~'....~.~ ....... District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the .....,1..'~,)3 ...... day of ............... ~..tj~....e. ....................... , 19..~.5.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is ~y Order of the Southold Town Board Date~ July ?, 1965. Effective as of July 17, 1965. Albert W. Richmon~ Town Clerk · oP ~o ,.~.~_~m~_~t~ / 360 ~ee~,.,..~2-- ~, ?._ ~ ~, ~ '~ ~~~. ~ . . ' . . ~:~':'~. ,~ ~~ ~o.~"- ~.he~' ~' . , ~ ~ · ~, ~ . . /(1.~l~~ ~'~ aone 0~-~--- i- ~a ~ ~ .***'--p'~ al~ I ]or ~ ~~ _~ _ ~~ zone ~-~ 1-~. ~ or l~, ~ ~ _. ~o re~, ! ~.. /enae ~ - '-z~'~~d hem [-, · az ~a 'ri' ~, ~a- · U3}0LK Y ~, ~ t~ .on ~ "~ 2" ~ cul~1 ~ . ubl~shed at tla ~.~~g-from "A" ~-~- f~U~ d~~ District ~e[ ,.,~-,- .- ~ , m sa{d county; ~. ~ 2. B~I~ ~ . t col of ~ trot or~ a~ P lnted co l~n~ ~ .- ~rict the f la~ si6 ~r- the · PY, ~~~ pr~a. ~- . t~k, ~ +~__ uat~ at Mat+, [' said Suffo~ ~ ~t ~a~ t~' - Surf~ ~y_'f~n of ~u~0~l' ~ z~ -,,~us once in each -~'~, "~ me T~ ~ ~ " -~"."~ ~u .... ~ . ' .............................. wee~ f - or and on, '.._ '~ ~un~ _ ~ " '~$. - . h~ ........ ~.~~..~_ ~-~ at ~-w~-,-- ~n~g ~ ~, .~,, _ ~ ~mt .~~ ~ ~... ~ _~ . · .................. ' ............... .= ...... .~u-z .~ - ' ~a-.zy . t:~r'j,y-ex. ~ ~rle- ' ~. 19 , ,, - , ~en~ ... , ~ ~, - . .h . 34 ~ W ' (2) thence wes .E.- · ~e~e r~ ,, ~' -1~.~ f~. ~.,.. . ~rly a~ '-,--' _',. ~ ', ,,-.-' ~' Y!~ ao : . -_ ~~we/t- . . - -' ~;'- . .~ ~z~ ~i ' ~, ' · -~'~. Z~ . It ' . · ~ ~~' " , '~ Avon ne of .~'. of.. ~ · ~ .~rly- ~ ~,, ue.~ feet o ,,~ ._.ao~ '~d ~u"-- ~; ~ve ment~ _ monument - ~c,~ ~.-' . o .-- , ...... '~~1-//.,1" ' n~, ~' o ' . · ~ ~ .... ,, .. y . 0 ~ 479 mg 69 2' f~t' ~ ~:' " ' ~" E ...... ' .16 ~t- 8 ~. ,..~e~e -'- -:t~,10 . ,.saM. '-. "~ ', thence _._~ 2v0 ,.-[~~s.~ fo ~ ..... ~ . Mattlt~ ~2ffj _ a~er m.~k~ '~ a-Wic~_a~!_,, _g..;~J' ~ a ~t, me ue li~ bei~ N. ~' f~t;:-.~e~e.~,~.la..~ :..~f.~.. n~m~erly~ ~o~ o~~~ · 8' 3~°'.'.3~ ~ E.- ~~ _~[ ~h-water Cr~k ~ a .~int the tie ~e be- '~ .N. '~4°- ~' '~"' E.-412.~ feet; ~e~e '.~o~ .o~er 1~ of the ~' ~er a~ .V~ '~~, ~et f~o~~ ~o ~~s ~ ~-J m" ~.-~0"fee~; th~ (l)..~.J' ao. w_me j. ~e~r~ ~e of Wi~~ av~/ hue; ~h~e ~o~ ~ w~riyj · (3) .a.-~' ~' ~(~' :-,~.-~~':~; J ~t ~.& .mordent, ~e~ (3) ........ ._. ~~": ~ "~~~ ::~ ':~; J 8~": ~o .E,-130 -l~t more ~~' "x" 39~ 51, ~, W~'l~~!~t; ~~[ 5. ~ ~~n~ from ~a- "is) 'N. 3v~ la' ~ W.'~.ov f~t; - .d~tlal and ~c~t~ District ~~e ~~ o~er ~ ~ ~e ~ B-2 B~n~ District the fol- -- ~tlo~r herein" oh t~ -~~t l~l~1 d~rib~ pr~~Y: ~~n ~U~~rly ~of~.'~ ' that cedin tract or ~r- n~~rly line of ~h~l. :..~r: s. 51° 55' ii)". w..'~. ~.:/iaL~?' .feet to the .,,~mt Of "i~,lit~O .t the tton ~ '.:~e n~e~r~' B~ of f~ =~~t and ~ Road,. N. 52° 55' ~" E.- 16~.39 feet to the point of' be- ginnin~. ,,~,,. :. By ~g. from dentlal and Al~cultural-'Dfstrict to "B;-2'' Business District the fol- lowh~ described proj~rty' All th~t~ertain tract 'or par- eel -of land. ~~d 'at..Matti- tuck, in the TO.wn of S0u~d, suffolk-County, New YOrk, and ,more partic~l¥ bounded' ,and de~ as foll~w8: BEG~O at a con. cre~e mon- ument set on the southerly line of Main Ro~, ~t the northeast- erly cea. er of land of. Long Is-' , land Ice and F~el Co~P. and ~ .thence ~lon~' said line of ~ ~ N~rth 5~°' ~2' 10" h~Uument-and land' of Frank '~ Ma~phy; thence' along said land ' of ,I~~Y' so~th 2.1°' 04' 50" :, .East 515.03 feet t~o a conc~te ~ monument set on the' northerly ~ line of Old Main RoeS; thence ' alon~ said line _of. Old M~ln ~oad, 'two c0urses':'as follows' .... -' ~,' West 2888 eel'of land situated at Oreenport, in the Town of. Southold', Suffolk county, "New York, and more particularly bounded .and de- scribeA as-. follows: BEG~O at an iron pipe set 'oh the s~utkwester~ corner of Silvermere R0ad,r'where said road clear, es in .direction from an' easterly and westerly course to a northe,~,ly arid southerly cottrse; ,rtmning l~hence 'So~th 1 degree 24 minutes '40 seconds West along the 'w~terly line of Stlvermere Road 238 feet, more or les~ to-the ordinary high wa- ter mark of Pipes .cove; nm- .ning thence Westerly _alOng said high water mark of 158 feet more .or less, t~ land 'now'or for- merly of~ Siecor; thence 'north 3 degrees 45 minutes east along said last mtmtioned land 2'/0 feet, more or leas,' to an iron pipe set in the southerly 'line of SUvermere ~; and'thence sout, h 8O 'de~rees 5.5 minutea east along the scattherly line of Stl- vermere Re~ 149-.66 feet to the point .or place of beginning. DA~ J,u~e 25, 1965, - , N~ ~2. d .,-,,., w York Term Expires March 30, l~,7 follows' (1) North 9° 59' 10" West, 268.88 feet t,o an iron p'.~e; ~hence (2) South .52~ 13' 40" West, 191.51 feet ~o an ir~n pipe; '~6T thence (3) south 16~ 26' 40~, East, 1.68.34 feet ~ a c-oncrete[pu~'~ ~-~T~ 'p~e~ ~.~,y -~ post se~ on the n~r~h,erly line ]~3Tu~of .~ ~uo-q~ .~ p.u~ '.~ · o ~o~ "~r o~ Old ~ain Road the.~e along said iine .of ,Old Main ~ad South 88°. 34' 50" West 2,46.14~ ~eeB to a eonere~ monument ~O~ and sai. d land o~ ~ng ~land .......... _ Ice and Fuel Co~., thence along 'ar ~o~u~ar '~ s~moq~ said laad .North 23° 90' 50" West, ' · 108.53 fee~ ~ the.. point of be- ginning, containing 4.269 ~er. es. 3. By changing ~rom "A" ~,si- d'en$ial a~ ~g~.e~,tur.al D~triet to "B" Busine~ D~trie,B ~he f.o!- lo~g de.~e~.~d property: All tha,~ ~rCa~n Cruet or par ...... ~ ' - eel ,of land situated ,at ~~- ".~...::'. mmaque, in ,the Town .oi .. Sout~o.ld, Suffolk '-County, New .. York, and ,mo~e particularly ....... ' ~ ' ~unded ~and de.~ri,bed ~ fol- lows' ~ianing ~t a m~u,m~t on ~he no~rly line of the ~d- · dle ~~ ~ the sou~e~rly ,~o~e.r of ~and of Jack ~vin ~ I~ng L~n .a~d the sou,~- .. -~est~ly corner of 1.~d of Sarah '.~~~ . ,R. F~ney a~d Ka,~he,r~.e M. .~eney; f~ ~.id point of be- ~' . ....... ~~efl~y l~e of the ~ddle', ~, N. 62° ~' E.-270.0 f~:t ~' ~'961 ~O a monument; ~en~ al~g said ... .. ~ ?.' '[~ .... STATE OF NEW YORK) COUNTY OF SUFFOLK) ALBERT W. RICHMOND, of Southold, New York~ Town of Southold, being duly sworn, says that he is over the age of twenty- one. years; that on 'the 7th of JULY , 1965, he affixed a notice o~ which the annexed printed notice is a true cop~, in a proper and substantial manner~ in a most public place in t~ Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bullet in~ Southold, L.Io~ N.Y. · · - -- iii - - i .... iI ii - - - · _ -- [ - -~_ :~- - 7~_~ _ i L ~- -- __- _ £ : ~: 7 ~ [ --_ _ -- ~ · ' ,,~" ,, ° · · '"'~ .," . -... Albert W. Ri~'~nd, Town Clerk Sworn this July, to be fore 7th day of 1965. Marion A. me Regent~ Not~'y Public NOTARY PLli3L. IC, S~'a:e cf !; .... ~'crk /tlo. 52-3233120 Su~/'olk (;ouat. y .Term .Expires .tv'Larch 30, 19 z"~ purm~mt to the ~emento o£ l a~, ~.-~ .Su~.ldtn-~l ~ne held (inc ~d~ng -the the &or,hold '~ Board held on J~ 4~ iSe4N)iMb W.-$54.91 £~t ~ nort~J~aste~rly on- School · ~%~kt~ a~d al~ 1and o£ ¢.:.aee, ~. 37 ~ee~ 2~:'' . '~ol'i, :5,.. )7 ~e~~ 34. ~.a~nutea 2~. ~d~ ~.,:.. -'-35.2~ ~t ~ ( .2.- ~- (3) 'e. 37' X$' .30 ~- ~. -7~. 5'7 :~eet.:; ~e~ Of ~oo;L ~'e ltOid, ~.. 52-'~ 55' 20.'' ~.-1~?'.39 -3- ~-"e~t..2~. Mi feet. ~ an Lt~: ptpe-.~- '~ (2 } ~-. thence ~ ~.td ~t.&ne o£ Old Hain ~1 C o~p.. t, he~ce al~~i said Laud n~ 23~ and more th.~,tddle ~d, $. a2 ~ oO' ~, -270,'~ .~eet M a acres, ~ or.'..-tess. ~'41 ~t ce.~,in tract ~ .~ce,l o£ land .~r~ a coverers, reorient, ~r~.i. ng ~ ~rly ~:n.'.~h ru~ 2. 28' 46 ' 4.0" ~.. -runn.~ thee -5- o~' ~att~tuck 479. 16. feet r ~tez ~ o~' ~ttlt~k CreW-~~'~~ly aaa .... c'Zeek t~ a tie A~,~ be~V _~..34~ ~.-215.03 o£ 245..o Eeet; ~ea~e (2) s. .t~t to the ~e'.te.~ly IJ~~ All TOWN BOARD MINUTES June 17, 1965 Pre sent= SUPERVISOR LESTIIR M. ALBERTSOH JUSTICE RALPH TUTHXLL JUSTICE HBNRY CLARK COUNC~ LOUIS D~MEREST TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND la!~ :M~n.~l~g~.d 1amd 2'7~. £~t~:~z~ ~ leas to an 2 Supervisor Albertson advised that the hearing scheduled for the change of zone application of woodho~low Properties, Inc., would not be heard because of an error in the legal descr'igtion in the legal notlceo SUP~RVI$~ ALB~TS~~ ! will open the f~rst hearing by reading the legal notice. "Pursuant to Section 265 of the Town .Law and Article iX of the Building Zone Ordinance of theTown of Southold, Suffolk C~unty, New York, public hea~g w~11 be held by the Southold Town Board at the Off~ce of the Supervisor, 16 South Street, Greenport, New York, ~n sa~d town on the 17th day of June, 1965, at 7~30 o ~clock in hthe evening of sa~d day, on the following proposals to amend the Building Zone Or d~nance, (~ncluding the Bu~l.d~ng Zone Maps) of the Town of Southold, Suffolk County, N~ York. "1. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property. "Ail that certain tract or parcel of land situated at Mattttuck, ~n the Town of $outhold, Suffolk County, New Yor~, and more particularly bounded and described as follows~ "Beg~nning at a concrete monument set on the southerly l~ne of Main Road, at thenortheasterly corner of land of Long Island Ice and O Fuel Corp., and running thence along sa~d l~ne of Main Road North 52 02~ 10" East, 717.20 feet to a concrete monument and land of Frank Murphy~ thence along said land of Murphy south 21~- 04s 50" East 513.03 feet to a concrete monument set on t~e northerly line of Old Ma~n Road~ ~hence along said line of Old Main Road, two ~ courses as ,.. follows (1) South 56° 57-~ 20" West 28.88 feet! thence (2) south 84° 42~ 10" West 288.26 feet to an ~ron pipe and land of Frank Nawrocki~ tkence O along sa~d land of Nawrocki, three courses as follows~ (1) North 9 O 59~ 10" West, 268.88 feet to an ~ron pipe~ thence (2) south 52 3 13 ~ 40" west, 191.51 feet to an iron p!pe.~ thence (3) south 16° 26 ~ 40" East, 168.34 feet to a concrete po-st set on the 'northerly line of Old Ma~n Road~ thence along said 1.~ne of Old Ma~n Road South 88° 34' 50" West 246.14 feet to a concrete monument and sa~d land of Long Xs!and Ice and Fuel Corp., thence along.said land north 23° 90~' 50" West, 108.53 feet to the point of beginning, coataining 4.2'69 acres. "Any person desiring to be heard on theproposed amendment should appear at the time and place above speci, f~ed. "Dated~ May 18, 1965, by Or,er of the Southold Town Board, Albert W. R ~Ckmon d, Town Clerk." SUPERVISOR ALBERTSON~ There is an a ff~davit in the f~le ~nd~cat~ng publicat~on was made of the legal not~ce. I will n.o~ read the reconeaendat~on of the Pl&nn~ng Board. "Gentlemen.-. This is to certify that the folly'lng action was taken by the Southold Town PlanningBoard at their regular meet.~ng held on May 11, 1965= "In thematter of the amended petition of Della Chew for a change of zone from"A" Res~dent!al 'and Agricultural Dt.strict to "B-2" Business D~strict on certain real property located at Mattituck. (legal description was not again read. ) "It Ls hereby RESOLVED that the $outho!d Town Planning Board favorably re recommen~ to the Town Board the change of z'one from "A" Residential and Agricultural District to "B-2" Busin ess District on the property of Della Chew as described above. "This property will be used for a nursing home. if it is changed to a business district. The Planning Board feels there is a great need for such a use in the Town of So%thold, and a nursing home would be an asset to t~e town of Southold. "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town PlannLng Board." 4 SUPE~IS~ ALBERTSON~ At this time is there any one present who w~shes to be heard in favor of this change of zone? JAMES OLSEN~ Mr. Chew is here. I think that .he would have a few words to say about ~t. MR. CHEW~ I am in favor .of .th~s change. One question I would like to auk. 'If this is passed by theTown Board', when w~11 be know? SUPERVIS~ ALBERTS ON -.~ ~ would say after the next meeting of the Board which is June 2 5th. MR. CHEW~ I would like to go on record as being in favor of this'. SUPERVISOR ALBE.~-TSON= Anyone else wish to be heard in favor of th~s change ? MARTIN SUTER= Since this connects eveythtng that is bus ~ness property, think, that' ts a good reason to make this business. You have the gas station on the west end, and business on the other end. This would be a good a dd~t ion. SUPERVISOR ALBE.R~$ON~ Anyone else wish to be heard in favor of? JAMES OLSEN~ I am in favor of this change. S'UPRRVIS0~ ALBBRTSON~ Anyone else wish to be heard tn favor of this change ? (There was-no response. ) SUPERVISC~ ALBERTSON: Anyone wish to be heard in opposition to thls change of zone (There was no response. ) SUPERVI$'O~ ALBERTS~N,. Anyone wish to be heard one way or the other on this change of zone ? (There was no response. ) SUPERVISOR AI-',BERTSON~ Hearing none, I will close the hearing' at this time. for the further de l ~be.' rat ion of the Board. 5 SUPERVISOR .ALB-- ERTSON~ I wi'11 open the second hearing by readi, ng the legal notice. "2o By chan$ng from "A" Res~ntial and Agricultural District to "B-2" Business District the following described property~ "Ail that certain tract or parcel of land situated at Greenport, in the Town of $outhold, Suffolk County, New York, and more particularly t~~mded and described as follows: "BEGINNING at an iron pipe set on the southw, esterly cornerof Silver- mere Road, where said road changes in direction from. an easterly and westerly course to a northerly and southerly course l running thence South 1 degree 24 minutes 40 seconds 'West along the westerly line of Silvermere Road 238 feet, more or less to t,he ordinary ~k&~ high water mark of Pipes Cove; running thence westerly along said high water mark 158 feet more or less, to land now or formexly of S!eger; thence north 3 degrees 45 minutes east along said last mentioned land 270 feet, more or less, to an iron pipe set in the southerly line of S ilvermere Road; and thence south 80 degrees 55 minutes east along the southerly line of S.~lvermere Road 149.66 feet to the point or place o f beg inn ing. "Any person desiring to be heard on the propes, ed amendment should appear at the time and place above specified. "Datedt May 18, 1965, By order of the Southold Town Board, Albert W. Rich--.d, Town Clerk." SUPE~VXSOR ALB~RTSO~: There is an affidavit in .the file indicating publication was made of the legal not~ce. will now read the recommendatl, or. o f the Plann i~g Boar d. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 11, 1965~ "In the matterof the petition of Thomas andFlorenee Jurzenia for a change of zone from "A" Residential and Agricultural District to 6 "B-2" Bus~ness D~str~ct on certain real property situated at ~reenport. (legal ~es=rij~t!on was not read again) "It is hereby ~SOLVKD that the $outhold Town' Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District on the property of Thomas & Florence Jurzenia as described above. "This is forthe expansion of a present non-conforming business, namely a motel operation. This is a well established business and an asset to theTown of Southold. The Board also points out -that this property is 1.ocated off the main highway. "Respectfully submitted, John Wickd~am, Chairman,. Southold Town Planning Board. SUPKRVZSOR AL~B~TSON= At this time is there anyone who wishes to.~ be heard in favor of this change of zone? (There ~as nozr. espon.se. ) SUPERVISOR 'ALB~TS~s Any one a~ all wish to be heard in favor of this change of zone? (There was no response. ) SUPERVISOR ALBERTSON: ~s there anyone present who wishes to be heard in opposition to this change of zone2 .. ALBERT FR~= I do. In addition to the property that is being zoned is 20 feet on the other side of the street that will be used for the same purpose and is not in the descrlgtlon. I think it should have been taken in for the (hange. It is 20' ~~ by about 200' . I t surpr ise d me that there could be spot zoning like that/ However, I don't obi ect to the c~&nge of zone. The 20 feet should be zoned with this piece. SUPERVISOR ALBERTSON~ Anyone else wish to be heard in opposition to this change of zone? (There was no response. ) SUPERVISOR ALBERTSON~ Anyone ewish to be heard one way or the other on this change of zone? 7 ,~?he~e was no ~esponse. ) .. SUPERVlSO~ ALB~TS~~ Hearing none, I will close the hearing at th~s time for the further deliberation of the Board. SUPERVISOR ALB~RTSON~ I will open the next hearing by reading the legal not~ce. "4. By changing from "A" Residential and Agricultural D~str~ct to "B-2" Business Distr~ct the following described property= "Ail that certain tract or parcel of land s~tuated at Cutchogue, in ~theTown of Southold, Suffolk County, New York~ and more particularly bounded and described as follows t "Beg~nning at a point on the northeasterly l~ne of Grilling Street at the westerly corner of land of Schne~der~ thence running along said northeasterly line of Griff~ng Street, three courses as follows~ (1) N. 39~ 09' 20" W.-4.56 feet; thence (2)N. 49° 34'" 40" W.-122.50 feet~ thence (3) N. 38° 05~ 40" W.-554.91 feet~ thence northeasterly on a curve to the right having a radius of 24.56 feet a distance of 3--9.01 feet to the southeas~rly l~ne of School House Road~ thence along sa~d southeasterly line, N. 52° 55~ 20" E.-144.10 feet~ thence along land of Wtckham ~~ courses as follows~ (1) S. 37° 04 ~ 40" E.-219.84 feet~ thence (2) S. 36° 53~ 20" E.-306.04 feeti thence along said land of Wickham and along land of Case, $. 37° 20~ 20" E.-140.56 feet~ thence along land of Wold, S. 37~ 34'~ 20" E.-35.20 feet~ thence along said land of Schneider,. S. 51° 55~' 40" W. 0131.92 feet to the point of beginning. "BEGINNING at the intersect~on of the northwesterly l~ne of School House Road with the southwesterly~line of Grilling Street and running along said southwesterly line of Grilling Street, two ~ourses as follows: (1) $. 38° 05' 40" E.-635.81 feetl thence (2) S. 49° 3-4' 40" E.-122.98 feet~ thence three courses and d~stances as follows= 8 (.1) $. 70° 28' 40" W.-23.67 £eet~ thence (2) $. 39°,~~1' 40" W.-~85.55 feet: -thence (3)N. 37° 13~ 30" W.-790.57 feet; thence along .other land of the petitioner herein on the direct extension southwesterly of e& sa,~d northwesterly 11ne of Scholl House Road, N. 52° 55' 20" E. -167.3 9 feet to the point of beginning. "Any person desiring to be heard on the proposed amendment should appear at the t~me an~% place above spe-c~fied. "DATEDs May 18~ 1965, By Or,er of the Southold Town Board,: Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON t There is an affidavit in the file indicating publteat~on was made of legal notice. I will no~ read the recommendation of the Planntng Boar d. "Gentlemen~ Thls ts to certify that the following action was taken by the $outhold Town Planning Board at their regular meeting held on May 11, 1965~ "In the matter of the amended petition of William Baxter, Jr., and others for a change of zone from "A" Residential and Agr~cultual' District to "B-2" Bus~.ness District on certain real property located tn Cutchogue, (legal descrtj~'~on was not read again. ) "it is hereby ttESOL~ that the Planning Board favorably re- recommen~ to the $outhold Town Board the change of zone from "A" Residential and Agrtcult~ral D~striut to "B-2" Business District on the property of Willima Baxter, Jro, and others as described above. "The Planning BOard most urgently request that this change of zone be given favorable consideration as soon as possible. Th~s change of zone ts in line with the expansion of the business district in Cutchogue. "Respectfully s~bmttted, /s/ John Wtukham, Chai~n, Southold Town Planning Boardo ( 9 suP~vIs.~ ALB~~~~ At th~s t~me is there anyone present who wishes to spe.~ in favor of this change of zone? WILLIAM appear on behalf of..the, petitioner. remarks at the first hearing, wh~.ch the Board has a transcript of, may be appl:~ed here. Just want to su~arize a bit. X really believe that th~s is a proposition which should be looked upon most favorably by the Board. it ls a natural expansion of the business distr~ct. It shouldn% be expanded on a super highway. We axe beg~nning to increase-' ~n population out here. We have to prepare for the res ldentlal expanslon, but we also have to prepare the business eXl~ans~on. In add:~t:~on, we have agreed '~lth -the Planning Board to turn over to the Town certain strips of land along~ the road that has been approved by the Plann~.ng Board. Now ~f you grant th~$ application, the. road would b~ 60' wide running north from the ~)st off,ce and to the east. SUPERVISOR ALBE~TSON~ Anyone else wish to be heard in favor of th~s appliuat~-on for a change of zone? (There was no respon.se. 0 SUPERViSO~ ALBERT~3N: Is there anyone present who wishes to s~eak in opposition to th~s change of zone? (There was no response.. ) SUPERVXS~ ALBE~TSON: Is there anyone present who wishes to be heard one way or the ot/.~er on th~s ~.hange of zone? RICHARD CRON, ESO.: Supervisor, and members of the Town Board, when th~s application came up-quite some., time ago for change of zone, strong opposition was made to the zon~qg ek~&-change. At that time, X would 1Lke to put on the reeord, that th~s was done i.n extreme good faith, and was largely objected from the point of view that ~e Zoning law provided qu~te & number of permitted uses. Many of which, ~f approved, could be ~e~e detrimental to the Cuthh~ue area. Now that the i0 the Zoning Ordinance has been changed so that the pa~itted uses are more ltmlted, there is no objection. However, I would like to put on the record, if my understanding is correct., the land on the .west o~ Grtfftng Street ls part of another parcel of t~e petitioner. I would like tO say that we would volce objection to any furt~r changing of zone tn this area. And I say this now....oo th.ere is an old saylngs, an ounce of prevention is worth a pound of cure." SUPERVX~R AI~ERTSONt' is there &~eyee- anyone else wish to be heard one way or the other on this change of zone? (There was no response. ) SUPERVISOR ALBERTSONt Hearing none, ! w111 ~lose the hearing at this tlme for -the further deliberation of the Board. Nay 11~ 1965 Alan Brand, Esq. 344 Portion ltoad Box 668 Lak~ ~onkonkoma, Ne~ ¥o~k 11779 Dear Mr. B~and$ In response to your lette~ of May 5, 1965, please be advised that no dec/sLon has been made yet In the matter of change of zone on property of John M. Rodden. The Town Board has received an amended &pplicat~on for the change of zone on this property. Sa~d appl~c&t~on ~s s~gned by Delia Chew. Th~s was done per request of the Town Attorney. Th~s application w~ll come before the Planning Board on May 11, 1965, for their recommendation. The Town Board w~ll then set a date for a hearing. You will be notLf~ed of the date of hearing. Trusting rema Ln, the above information will be helpful to you, X Very sincerely, Barbara C. D ittmann~ Secretary $outhold Town Planning Board ALAN BRAND 344 PORTION ROAD, BOX 668, ,~ ~~:~z, ~/. ~.//?~J? 516 ~UNIPER 5'728~ May 5, L965 Town of Southold T own Ha 1[ Southo[d, New York Re: Application for change of Zone A to B District of .~ohn Mo Rodden Gentlemen: On ffanuary [4th, [965, a hearing was he[d in the above captioned matter to determine whether or not my client may build a nursing home on the Chew property in Mattituck. Wou[d you please be kind enough to advise me of the decision of the Town Board. Thank you. Very tru[y yours , ALAN BRAND AB:as 26S of ebro ~~n X land DMOe 0£ (%) 8. 70* .28' 40' M.-2:3.67 ~'~ ~ (~t) $. 3g~ SZ' 4~'~ '~'.-I8~:$. SS ~t~ ~ of ~ pe'tAt~e he.:~.Lu on. ~ ~~ ext~Lou .sou~eter~y of si.J~i AXbert ~. R~, ~ C%~.~ An iff~%dlvLt of publ~t.~ ~ ~ legtA ~lee on. OOeeabor 14, · loms~ ~ Cut~, ~d "-Th.~ ~ of Jone v.tl-I be tn X~nm. M A.~. ~ na~-expena~ otto van ~ayl ,6- Son, dm~~t :~-:r 33o 1064, map 0.£ ~ app.X.tmmnt wibo ~ ~ ~ Fou. ea~ ~~ ,re the ~,oe]i,.. ea. ~e cost ~~ of ~Jt.f£~ .It es*.-ond~ ~ ~e. ~t Off'Lee, ~ to ~l ~ .Road, · ~re ~ ~t 2 l_~ ae~ the ~A. a ~ or.lrly .mum~ for the cerw to ~ &~md the. vA,IX~ ~ ~ for be a~o purpooeo. are 75 ~t of."' ~ ~LmA ~e peopXe avay. tO- ~ ama ~.- ~icvllr%y at t~e ~utezsec. t..'%~, o£ ~ 4g~ 3'4,' 4.0 '~ t~.. -12~. 98 70'~ .2'.'8' 40" fee~.~ ~ (2) -e. 39 ~ 5':~' 40'~ po-:tn.t o.f bo~.Lnn,iag. tad mole .Tr., J~ · ~e az'e ~on~ 2.3, 1~S4, ..map no. ~he ch.~]Ldr~ .from ~e, 8djo~~ property., jx~per~y be~ ~-rted ~ buoLnemo property, ~.y '~uae :L~ ~ the, ~rend John- C. ~~ Of~ ~ Ct~,LC Chu~. ~ ~m~rly ~ry. sound .reason .ex .~-.'.-~ to ~d area of ~~ v tll~ vert~Xly when ample appi %cart ~. tho ~e~ ~.- of -fon.~. .me. nt in t~e Y from an app~%~~on, of the ee-~ic prlnc~.e ~.r%~ ~. u%.~~, an.~ ~111 cauae cong. e.s~.~, e~~as:t~ c'utehovue w%th. tht p~mmt ~~mm .~ of v~~e of c-~.t.-.~ rv-~c~ the q ~t of of it. of ~ before o~r ~l~tt Lo ~ m~~p any ~ e3~e ~rem of ~ -.t.7- Ld ~ ~o no r~eaeu ~o ~ ~t &.d~tt~ ~y ~oud of '~ may .a.~a~t aa 'have ~ -M- ~ POiOt O'ffiee ~t-~A .use- 'to hev~ XO0, O00 ~e~~ur t '~. ~. aav~ ~ c u-t~ ~ a ~d eflb- a Ace, r~.~-on~ on ~t petition that .~i~.tOno in my viii not of' ~r-people., ~e ~mt .no par~. o~ ~,tm. !lA ~ for 20 Fee. rs ..and ~ 1.~ it, ~.,le or ~h and Let' a ~. post A. ~.em of c.utebogue · u~ ~ ~ of 30 ~ he.., '.are ~~ to ~%1.d R%c_~ CROw, ~r. ~ takea They %* pha~¥, ~ rogard ]mu%lt. ~ ~e ~~ to the u~r ~ were of the inJ'ur~- upen me. ~t of ham that ~e were ~e wt to let 3'0 ~08 tnvoXve~ h-La A~ PlTRUCCI, .Those-peopXe ~ ~~u ~~~ ~ ~*t i~e else v-~l..l,a~ 'bu~. Lueos for the furtb8~~ ~tmX.~,rat~,o e'.f~ 'the ~~ "a~ ~~ ad,,joLu~ land o.f ~t3Mes..and ~s on ~ $ou'.~0 an~ lm~d oat4 ~.t~t. of bert ..the -22- XOOS. 0 feet feet; ~ ('.2..) s. $6" 26' ~..-3~.0 f~ee~; ~ (3} So ~A' '36' 3S0 .~ more or ~~; ~ iXcmV 74' ~7' 40:~ W.-4SO ~a. Ad Am~ of ~~ and ~ro ~. tO ~ poLnt of' /ad lm~ at Balt Mar',t~o ,tn .and on ~"4. ay. ~f~~ frem ~B'* au~ e~ ~ee.l of ~ 't~ the. ~ of OeuVbo/d, Suf~. YOrk, a point on-~ of-. ~ 700 ~t '.more or. %cos to the point the l~ty .d~ms~ a%~o ~t at the A.t ~..~s tame. ~ thee anyone. -.'2,5- ~L~~~~. ~~~~.~ X~ ~~ &n~ present. ~ w~.bee ~o ~ th~ .~li~ti~ ~ ~y or the o~er? at a poJ~t on the.. ~rly ~-~z!y of J. iS-. co~ ~ .42-0 Mt, ~ore or :Lose, northerly &long line o.f formerly-of ~ mi ~4 of Rim. 450 ~rly affidavit r.~~t~ of th. e PXenn~ ~d. Bolrd at & re~u~ *'-a~~nn.~ at & ~'te ~t .et on. W mOu:~l¥ 1.~ of Fuel Corp., t~ence .Ltcm~ .amid-~ of aur~-~, .$ou/-.-~- 2A" 0~' ~S.O' Saot, 513.03 £~ Sou~ SdS* 13' 40'*' ',~.'ot. lgX. $1 .bt to an. ~ pA~~ ~ (3) ~~,-~. l.Ge ;26' 40'~ ~t .lGS. 34 .~ ~ a ~- 'rt~" Old. mm~ ].~d ~ ;330 ~* $0" '~at, l,Oe. $3 feet ..to '~e point reed the ~~dut&on o ~ ~ fact CO- ~ 0£ t~e area. ~ of ~ ~ XsXmn~t that a traffic and ~/znij -~ ~X~ laou ~-~~-t~z o£ of 'your ~trAc~. ~e ,fac:L.X.'~tlr ~-peo~Xe ~ ~o of ~he ~&lLt~}-. Z~ · %. mt. rou~l%¥ the lp~X of ~~a chanee.. ease (~re. wa. no rtspe~oe. ) hoard ~ oppol:..:Lt~ -to "tO ~: ~,0ul~ M oppooed boend~d ~ somoeh.~ e~ ~%~ -dO ]="iX'r%i~ ~ ~ pU~. Up qu%~ (~ ~aa no res~e. ) --34- had bo, fore. .pUt on ~t. paroperty. · ~ as a rem l~t ol: ~m ~. not ~~e rep~~ ~ bus~ firm. the pu~ of ~ ~~ty ~t it. vial., be a ~a~ ~. -we ~on.'t we ~~uld l-~e to m .it u~d as a nGrstng home. .a~aid ~t ~ -Z ,Sat~ 1~ My' ~ S y~re, ~t ~ ~.ld ~ yOU have. t~ mdte applLeutton -~t~. ~ W~tm X ~.id li~e ~o ze~t ~ seine of the quaXi£i~atm ~ mt, land here ~ k.~ ~hat v'tlA '~pen in a--~ e~ .o. aaa aze ~e-~ ~ tl~ ~ ~e a r~e't ~ Mt~tt~ ,~.tXl re~o.tv, m · ~t ~mt J~ ~ and dee~~ wtt.~ ]amd ~. 2o ~ %f %ouae up % 8ay '~. to ehmnVe ~~ ~lem ~ ~ 'have aoee chen-~~V ~ OrdA~. proof Z ~d %.b ~ add- ~-h~ % ~m~d ;L~ ~ eake-~ ~p~on Tho ~~&%% ~ge ~* t~ mlntm~- now soue~ tame for a ~ homo. a ~tle of ~ ~. ~d e%~ .the _. NOTICE OF HEARINGS ON PROPOSALS TO AMEND ZONING ORDIN~. ~ Pursuant to Section 265 o, ~he own Law, and Article IX of the Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Office of the Sup- ervisor, 16 South Street, Greenport. New York, in said town on the 17th day of June, 1965, at 7:30 P. M. on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Tow~ of Southold, Suffolk County, New York. 1. By changing from "A" Residential and Agricultural District to "B-2" Bus- iness District the following described property' Ail 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 concrete monu- ment set on the southerly line of Main Road, at the northeasterly' corner of land of Long Island Ice and Fuel Corp. and running thence along said line of Main Road North 52' 02' 10" East, ?17~0 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy south 21° 04' 50" East 513.03 feet to a concrete man- ument set on the northerly line of Old Main Road; thence along said line of Old Main Hoad, two cour~e~ as follOWs' (1) South 56' 57' 20" West 28.88 .feet; thence (2) South 84° 42' 10" West 288.26 feet to an iron pipe and' land of Frank Naw,- rock/; thence along said land of Nawrocki, three courses as follows' (1) North 9' 59' 10' West, 268.88 feet to an iron pipe; thence (2) South 52° 13' 40" West, 191.51 feet to an iron pipe; thence (3) South 16° 26' 40" East, 168.34 feet to a concrete ,post set on the northerly line of Old Main Road; thence along said lines of Old Main Road South 88° 34' 50" West 246.14 feet to a concrete monument and said land of Long Island Ice and Puel Corp., thence along said land North 23° 90' 50" West, 108.53 feet to the point of beginning, contain- ing 4.269 acres. 2. By changing from "A" Residential and Agricultural District to "B=2" Bus- iness 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 particularly ,bounded and described as follows' BEGINNING at an iron pipe set on the southwesterly corner of Silvermere Road, w/~ere said road changes in direction from-an east- erly and westerly course to a northerly and southerly course; running thence South 1 degree 24 minutes 40 seconds West along the westerly line of Silvermere Road 238 feet, more or less to the ordinary high water mark of Pipes Cove; running thence westerly along said high water mark of 158 feet more or less, to land now or formerly of Sieger; thence north 3 degrees 45 minutes east along said last men- tioned land 270 feet, more 'or less, to an iron pipe set in the southerly line of Silvermere Road; and thence south 'along 'I · } SS' . i and Agricultural l~'strict to "B-~"-Bus- inesa 'District~ the' following described ~.. An that Certain tract or. parcel of 'land situated at orient, in the - T~~. of $ou~, St~olk CoUnty, erly side of M~in.' Road-:' (State); '-~~ thence ".along the said northerly side of '-Matti Rand the following 2 2 .~... -courses' and ~: "~[ I)- North ,86 ;e me this ............. day of degrees 13 mtnU~ 30 seconds West inflection "of the said northerly ' -, ' =- ." - - ea~ ~" ....~' .... '~ ...... ~,L~~.. . ........... ' the editor af~td at . i // - · .p~"II~~ a~ t el tn~ of'. the ..nort~rly line I p^¥N~ of..~.Matn-Road' with th~. wes. tet?. tste of~ew Yor'lq; ltne of Plum ~md 'Lane, ri'om ~ata [flfolk County 'i~~ r~'-n-~ing ' alOllg IK}41000 ~ Une-of ,the Main: March 30, 19; f~'; ~en~ ~do~~ 1.,o~ M a~ shown ' on-'2gaj p of'.SecUon' 2, Orient by the ~I~~S Office ~ Map N0. .t~,i ~°: ~ EO"' EJ ~lll'.~ feet to. · 'ii~d we~rl~' line' of Plum-Islamt ltne 8. 1°. ~" ~" W.. 38~.~ fe~t .. · ''~ .... ''~ ;e ' - ": N. 3~° -09' ~" W. ~6 ftyS; (2) N. 49° 3~' ~R}" ~. l~2.r~ f~t; Ua~n .~ '-(~) N.' ~8° 05' ~" W. feet; 'thence northeasterly on a cu!w.e to 'the .right having, a radius of-~,~ f~t a ~~ of 1!.9.01 ft~t --1~.10 fe~; t,l~n~ ~o~ 1~~ of ~ ~l~m .' ~wo '~~ ~-[o~o~: al~g land of Wolf, 8. 8go 8{, ~0" ~. ~~ f~; ~~~' ~o~ ~d l~d of_ ~~~[der' 8. ~1° ~' ~' W~ 0f ~he .no~hwe~l~ Une of ~h~l ~ of G~i~ 8~r~ and r~~ng - al0~ ~d-mu~hwe~rly '~ne'of ~r~~ 8gree~, ~o eo~~s as fol- lows' (1) ~ 88° 0~' ~0". ~.~8~.81 f~; ~henee (~) 8. ~o ~, ~,, ~._ 1~.~8 'f~; ~nee' ~~ eour~ ~d d.~n~ ~ fo~ow~' (1) 8. ~0° ~8' ~' W~~.$~ f~;__~h~ee (2) 80 ~1' ~' ~.~1'~.~~ f~; ~en~ (~) -~~. ~~w~~rl~ of ~d no~- ~ ~ d~~ ~ heard ~ ~e ~~ ~~en~ ~offid ap- New York,-and. more Particularly b~uded and deSCribed, as'fonows: PARCEL I---BEGINI'HNG at the Booth, Jr., being duly sworn, says corner l~ormed by the; intersection of the ~utherly 'side Of Park View itor, of THE LONG ISLAND and the easteri . Uum CK WATCHMAN, a public news- Island Lane ~nd from said. point of beginS_ rig; running thence eaSeterlo~ Id, in Suffolk County; and that along' the Said southerly's id Park View Lane 2~9.79 feet to the la'.nnexed is ~ printed copy, ~cs been ~westerlv end of a curve to the left'] , , ..... ~"oo_[i~ ~e sai. souther side ls~ancl [roYe[er-N~ttituck Wot¢~ 'of: Par'l~ "'VieW'Lane with' the eas~- l "thence. :na~heasterly along sai.d -,f t mentioned curve having a radius o [~ on +{,~ ~2 '/ ......... 9 feet to ~ -.,~ ............ t.~ .... ~. ................... 110 feet a distance ox tm.~ { · the'southerly side of 10t 5 o-n said ~ / / ~' erly side of'lot 5, s~ut~ ~$6 degree~_/ along .said, last _.menuone~ renu ........................ ! ................. ..-.~ soum o de ree m utes 4o sec-, l on~ west-4~=~2 feet to the north=I ,,, :-. , ~ -Male me ' ~' ~ ~ f~t ~ the .... alo~ ~ ~ ~U~rly sMe ofater and Pubhsher of the ~I~ 0LK held ~ the · ~~ ~ 5,_~h~ d~ees 49 ~~d at' ~e ~fi~ ~.~ ~r- u~, ~ 1~~ -l~t- ~ land ished at Oreenpo~, in said county; ' - .~ ~-fo~er~orYo~; the~efich the annexed is a printed copy, ~'"~e fl~~-of .-j~, ~~ 0 d~,s ~ minu~ 40, said Suffo~ Times once in each on?the. . ~:" ~ ~~s w~ ~.~ f~ to~*the ~e~ me ~~... Z~ ~- ~erly side of '~n ~ ............................ ~~ ........................ week~ ~~e (i~1~ ~.fl~ ~ne -(~~); ~~e ~~ the ~d ~) of ~ ~n of ~~old, ~r~ s~ ~ ~in ~ .~e m the ~~ ...~ ~fOlk ~~ty, New Y~k. 1~~1~ 2 c~~s ~ ~.. ~' .1-~ B~ changing frcen.','A,;. Real- tances: (1)lVor~h 86 degrees 13 dential and AgricUltUral. District ~u~ea 30 seCOnds West 369.08 '~ '"B 2" " ' ' - ~ea~ Dlst~t the fol- feet . /owing described Drqperty: and (2) westerly 167.48 feet · - . ' .to the corner:formed-by the in- '.._All t~t'ce~ tract or par- .'ter. section of the said northerly gel of.. laud si, t~.te.d at 'Mat~i' ~kle of.l~m Road and tae said' o, ........... ..-....- .'tm~;y~. l~Iew ':Yo~.k,. 'and Ln~:e arid. t, he~e along the said more l~.rtiCu/a~ly bmm~ed and e.aat~ly '~ide of Plum -- ..~..~bed .a~ follows: Lane; north-1 'i~ 0~ mtn" IREG~G .at a' concrete mon- .vtes ~0 aegonds ea~ 382 feet to .aiment ~ on the southerly line the oorner aforesaid -a~ '.,the, or ~ ~a~, ,~ the ~ortae~- point, or pta~e ~of ,begmmn~. erly cor~er 'of land .of Long Is- P~ H ' 'B.eginnlr~ at /.and ~e and"-~uel Co~. and ,tlae lnter~cUon of 'the north-' ~mni _ng thence ,alo~ said line erly line of the Main Road with. of ~ain Road North 52o- 0a, lO" th~' westerly line of Plan .East, ?17~0 feet to a' concrete Lane,' from ~ ~)oint of begin-~ .mor~umer~t and land '~f ~ ~ir~ run~/ng alm~'said ~Y; thence ~ ~ald land erly line of'the Main R0~ s. of M.u~¥ sot~th Z1o- 04'i 50" 88° 5~5' - - .W~1174.95. feet..to. JEa~t, 51'3.03 feet to a:.c~-te land of Tabor; thenoe along armn~ent ~et on ,the noah.:p said land of Tabor IV. I° 43' 00" a,ollU ~ line or Old Main $i as shown on "l~f~p of Section" /~0ad, .l~vo -. courses as .foUowa: .2, Orient by tire Sea", 'filed in (1' ~t~ ~° 57'20" West 28.88 the ~folk CaU~ty Clerk,s 'Of. flce.~ feet; thence (2) ,0,ou.th 84° 42' ~s Ma~ ~o. 3444~ N. 0o 30' 5O" 30:' ~-We~t 288~$ feet to ~u 'irOn .~t-20~.~-feet 'to. the southerly pi~ and land of Frank Ivaw' llne-of a' prolosed highway to .r0cki; taen~e alm~g said ~ ..... ,be""known a~a.~k View Lane; or Nawrocki, t2tree courses as th.~e .along a-southerly line -follows: (l) North ' 9° 59' 10,, i~ °''' 40,, 8. '57' g-~85.80 feet to West, 268.0~ feet, to an iron p~e;- m~d 'we~riy' line *of.plUm ~. . ~b.e~ -(2) .~u~h 52° 13' 40'" ~e.~d ~; ¢,h. en~e along sald We~, ]9~ feet m a~ iron p~pe; wes~t~Ay n~e 's. ~o 'o2' ~0',.w... ~/~ence f3) south 16o. 26, 40". 385.7g feet tO ,the point of be- · . ginn/ng. ,~ containing 1.62.78 acres. post set on the northerly 1/ne 4: .By'~-'rom "A"-Resi-l ~Uth o ,, ' '"~' "'~';~ ~;tl, S ' ' . _ · 88 34 50 West 246--]'---~ .... . :.mess-District the fol- to .B-2 aUsiness ,+.,.,,,+ +["~'"~'f!,c~; ...~,~.n.e..a~.r~r*Y ,'.me of Gritting DI ..... ,,,~ ~oi. o~ree~ a~ rae westerly, corner of lowi_n~__ 'described- Prol~erty: ..:~ -. ' or-i - ::..~ro~, _m me. Tow~ ~f. ~,,+.~^~.a'~. :..__-~-.. :oz. ~rimns Street. th,,, ! · '" ......... ;- -"""~, __~..-aS follows.. (1) 'IV ' o i ....:~'u~..fo!k Coun. ty, Ne~ York, and"--t~ 20'- . · . ~ore~..~~arly " .34' t0,' W. '1112.50 feet; follOWs~.. . · de,~ct'lbed.[·'a ~. 49°·. W.~4,56 .~eet; f~hence (2) · '~~ ~.(3}- N. 3so o6' :.'.t~d~.~~ at an iron Pil~, ,~t.91 feet; ~eft ~z,.~...t...~_ _'~ u_.thw .ester. 'IF corner ~ thence . an .~ cu~e tO ~he ~ - having to a nort~h,erly' and .' s0utherly't: ....thence along said. s~ut~terly ~.~c_ ..o~.,:~.a~ ~ ,theGcc ~uth-~.l . ~lne,. ~: .~o..m' ~0'" '. .~~.-~----.~'~-~:,~ ~'~:~~ ~.-~~--'-.~nee ak,~' mint-or Wick:-.- ~~ae~e-~aad 2S~ ~e&, more} S. S?o 04' ~0" ~o.-.~.19,[~4 ,,fee~; .~.r leas to the ordinary high wa-] ~.thence '(~.) $. 3~ ~3 20 lg.- . -~r mark of .Pipe~ Cove; mun--[' ~.04 fee~; %hence along said :ning-thence westerly along ssld land of Wiekham and al(rog land · _high water'-turk of 158 feet of Oase, 8. 3?° 20' 20,' E-140.55 . _ mqre., or'less/to land now 6r for- feet; the.m:e along l~cl ~f W. olf, :.mealy of Si.eger; then,ce north 8: T/°. 34' 20" E.- 3~3~) feet; U3 degr~ ~ mlllutes east aIohg . the~ alon~- .s~kl 'land of ~i. fl 'las[ me~i~ioned- land 2'/0 ~ider, 8. ~ ° ' 55' 40" W.- "~ee~, more .or- less, to an iron 1~1.92 See~. ~0 .the ..poin~ of '.pllm set in the .soUtherly lin~ of beg~~" :SHvermere goa~; and. BEGINNING ~t the' intersec-'. a0uth 80 degr..ees 55 minutes east tion of the nort~we~rly line of · along the southerly line of Sfl= .,~l~ool. I~use P, oad. with ~ vermere ~ lt9.66 feet to the ~u~esterly line of Grit=' point or~ pla~e of beginning. · ~~ ,,~d ~sr~cu~-~ura~ Dmmct ~.'~ -.. ~n~ ~~ct ~e fol- ~~ d~~~ ~r~~y: ~ .t~t ~ 'trot or ~- ~l of; la~ '"~~~ at ~lent, ~olk ~ty, N~ York, ,~d _more ~tc~ly ~~~ a~-de- ~ ~-' fo~s: - P~ I.- ~~G at ~e ~rner ~ed ~by the '~r~ ~t~n ~f .~-~ut~rly ~de of ~k Vi~ ~ ~d ~ ~ ~k V~ .~e ~.~9 ~[ ~e we~rly e~'~ a c~ ~ ting Street and -rUnning' along said southwesterly line of G r i f-~f i n .g Street, two courses a~ · foll~s: ; (1) S. ~ 38~ 05' 40" E.-655.$1 feet; thence (2) S. 49° 34' 40,'.:~I.-1.22.98 feet; thence three caurseS and dis- · t an c es as folows:' .(1) S. 70° 28' 40" W.-23.6q,.feet; .... thence (2) S. -..39° 51'. 40" W~' l!~.f~5-~eet; thence i~- (~.N, 37° 13' 30" W.-790.57 feet; .: thence...along -other ~ ~f the .DetXtioner .h~..eln on~ tlie direct . emte~n ~esterly of said" ..-.~~ nne--, of- ~hoo~ :"'~ ' "'' N O ~ ".~:~~,~ . ~2 ~.- 2~.' ~.- 16'/.39 'f~'to the pohat of be- . ~~n~. - on the proposed ame~ents CORNELIA C. KEOGH NOTARY PUBLIC, State of New Yorlf N~. ~2-2093890 Qualified in Suffolk Count~ Term Expires March 30, 196~*'7 LEGAL NOTICE NOTICE OF HEARINGS TO AMEND ZONING ON PROPOSA~T.S 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 17th day of June, 1965~ on the following proposals to amend the Building Zone Ordinance~ (including the Building Zone Maps) of the Town of Southold~ Suffolk Oounty~ New York. By changing from "A" Residential and Agricultural District to "B'-'2" Business District the following described property: Ail that certain tract or parcel of land situated at Mattituck~ in the Suffolk County~ New York~ and Town of Southold, more particularly bounded and described as follows: BEGINNING at a concrete monument set on the ee~~e~ southerly line of corner of land of Main Road~ at the northeasterly Long Island Ice and Fuel Corpo ~; and running thence along said line of Main Road North 52° 02: 10" East~ 717o20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy south 21° 04: 50" East 513o 03 feet to a concrete monument set on the northerly line of Old Main Road; thence along said line of Old Main Road, two courses as follows: (1) South 56° 57: 20" West 28°88 feet; thence (2) Scuth 84° 42~ 10" West 288°26 feet to an Page -2- iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki~ three courses as follows: North 9° 59~ 10" West~ 268°88 feet to an iron pipe; thence (2) south 52° 13~ 40" West~ 191o51 feet to an iron pipe~ thence (3) south 16° 26~ 40" East~ 168o34 feet to a concrete post set on the northerly line of Old Main Road; thence along e~~ line of Old Main Road South 88°34 ~ 50" West 246.14 feet to a concrete monument and said land of Long Island Ice and Fuel Corpo ~ ~hence along said land North 23° 90* 50" West~ 108o53 feet to the point of beginning, containing 4°269 acres° 2o By changing from "A" Residential and Agricultural District to "B-2" B~siness District the following descr ibed property: Ail that certain tract or parcel of land situated at Greenport~ in the Town' of Southold~ Suffolk County~ New York and more particularly bounded and described as follows: BEGINNING at an iron pipe set on the south~ westerly corner of Sil~ermere Road~ where said road changes in direction from an easterly and westerly course course; running to a northerly and southerly thence South 1 degree 24 minutes 40 seconds West along the westerly line of Silver- mere R~ad 238 feet~ more or less to the ordinary high water mark of Pipes Cove; running thence westerly along said high water mark of 158 feet more~ or less, to land now or formerly of Sieger; Page -3- PARCEL thence north 3 degrees 45 minutes east along said l'ast mentioned land 270 feet, more or less, to an iron pipe set in the southerly line of S ilvermere Road; and thence south 80 degreets 55 minutes east along the southerly line of Sil~ermer~ Road 149o66 feet to the point or place of beginning° 3. By changing from "A" Residential and Agricultural District to "B~2" Business District the following d~scribed property: Ail that certain tract or parcel of land situated at Orient~ in the Town of Southold~ Suffolk County~ New York~ and more particularly bounded and described as follows: I _- BEGINNING at the corner formed by the inter- section of the southerly side of Park View Lane ~~-~e-e~ and the easterly side of Plum Island Lane and from said point of beginning; running thence easterly almng the said southerly side of Park View Lane 289°79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along said last mentioned curve having a radius of 110 feet a distance of 96° 99 feet to the southerly side of lot 5 on said map; thence along the said southerly side cf lot south 86 degrees 49 minutes East 156o27 feet to land now or formerly of Young; thence along said last mentioned land South 0 degrees~ 20 minutes 40 seconds west 428°72 feet to the northerly side of Main Road (State); thence along the said Page -4- northerly side of Main Road the following 2 courses and distances: (1) North 86 degrees 13 minutes 30 seconds West 369°08 feet and (2) westerly 167o48 feet to the corner formed by the intersection of the said northerly side of Main Road the the said easterly side of Plum Island Lane and thence along the said easterly side of Plum Island Lane:. north 1 degree 02 minutes 20 seconds east 382 feet to the corner aforesaid at the point or place of beginn~ngo PARCEL II- Beginning at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane~ from said point of beginning running along said northerly line of the Main Road So 88° 55~ 40" Wo-174o95 feet to land ofTabor; thence along said land of Tabor No 1" 43' 00" Wo-189o48 feet; thence along lot 51 as shown on "Map of Section 2= Orient by the Sea"z filed in the Suffolk County Clerk*s Office= as Map ~3444~ No 0° 30 ~ 50" Eo-202o96 feet to the southerly line of a proposed highway to be known as Park View Lane; thence along said southerly line So 88° 57 4.0" Eo-185o80 feet to said westerly line of Plum Island Lane; thence along said westerly line So 1° 02: 20" Wo-385o76 feet to the point of beginnings, containing 106278 -5- 4o By chan~ing from "A" Residential and Agricultural District to "B-2" Business Distric~ the ~e~e~w- following descr ibed property: Ail that certain tract or parcel of land situated at Cutchogue~ in the Town of Southold, Suffolk County~ New York, and more particularly bounded and described as follows: BEGINNING at a point on the northeasterly line of ~~ Grilling Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Griffing Street~ three courses as follows: (1) No 39° 09' 20" Wo-4o56 feet; thence (2) No 49° 34' 40" Wo-122o50 feet; thence (3) N. 38°' 05: 40" W.-554o91 feet; thence northeasterly on a curve to the right having a radius of 24°56 feet a distance of 39.01 feet to the southeasterly line of School House Road; thence along said southeasterly line~ No 52° 55 ~ 20" Eo-144o10 feet; thence along land of Wickham two courses as follows: (1) So 37° 04: 40" Eo-219.84 feet; t~ence (2) So 36° 53* 20" Eo-306o04 feet; thence along said land of Wickham and along land of Case, So 37° 20~ 20" E.-140o56 feet; thence along land of Wolf, So 37° 34: 20" E.-35.20 feet; tSence alon~~~adnd of We~ Schneider, So 51° 55~ 40" W.-131o92 feet to the point of beginning° BEGINNING At the intersection of the northwesterly line of School House Road with the southwesterly line of Griffing Street and running along said south- westerly line of Griffing Street, two courses as follows: (1) So 38° 05~40" Eo-635o81 feet; thence (2) So 49°34~40'' Eo-122o98 feet; thence three courses Page -6- and distances as follows: (1) S. 70° 28 ~ 40" Wo-23.67 feet; thence (2) So 39° 51' 40" W.- 185o55 feet; thence (3) No 37© 13~ 30" Wo- 790o57 feet; thence along other land of the petitioner herein on the direct extension southwesterly of said northwesterly line of School House Road= No 52° 55~ 20" E.-167.39 feet to the po int of beg inningo Any person desiring to be heard on the proposed amendments should appear at the time and place ~ above specified° DATED: MAY 18 ~. 1965, BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT Wo RICHMOND, TOWN CLERK PLEASE PUBLISH ONCE ~ MAY 281~ 1965 ~ AND FORWARD N/NE (9) AFF~AVITS OF PUBLICATION IMMEDIATELY TO THE TOWN CLERK= MA~N ROAD~ SOUTHOLD~ NEW YORK° Copies mailed to the following on May 19~ 1965: Suffolk Times Long Island Traveler-Mattituck The The Lefferts Po E~son.~ Esq., a/c Woodhohlow Thomas and Florence Jurczenia Della Chew ~ohn McNulty William Wickham~ a/c William Baxter, Jr. ~ Watchman Properties~ et el Inco Southold Town Planmng Board SOLITHOLD, L. I., N. Y. PLANNI Ne BOARD MEMBERS Alfred Grebe REPORT TO: Southold Town Board 16 South Street Greenport, New York May 12, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 11, 1965: In the matter of the amended petition of Della Chew for a change of zone from "A" Residential and Agricultural District to 'B-2" Business District on certain real property located at Mattituck, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: set BEGINNING at a concrete monument/6n the southerly line of Main Road, at the northeasterly corner of land of Long Island Ice and Fuel Corpo and running thence along said line of Main Road North 52~ 02~ 10" East, 717.20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy, South 21° 04~ 50" East 513o03 feet to a concrete monument set on the northerly line of Old Main Road; thence along said line of Old Main Road, two courses as follows: (1) S. 56° 57' 20" West, 28.88 feet; thence (2) South 84° 42s 10" West 288.26 feet to an iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki, three courses as follow~: (1) No 9° 59' 10" West~ 268.88 feet to an iron pipe; thence (2) South 52° 13' 40" West, 191.51 feet to an iron pipe; thence (3) South 16° 26' 40" East 168.34 feet to a concrete post set on the northerly line of Old Main Road; thence along said lines of Old Main Road, South 88° 34~ 50" West 246514 feet to a concrete monument and said land of Long Island Ice and Fuel Corp.; thence along said land North 23° 9Q'50" West, 108053 feet to the point of beginning, containing 4°269 acres. F~FF ERK ALBERT W. RI~HMBND SOIJTHOLD, L. I., N. Y. April 28, 1965 Mr. John wickham chairman, Planning Board Cutchogue, New York Dear Mr. wlckham; The original petition of Della chew, relative to change of zone from "A" Residential and Agric- ultural District to "B-2" Business District on certain property at Mattituck, New York, is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. Very truly yours,., Albert W. Richmond Town Clerk Report to: )id Town Board - Della Chew It is hereby RESOLVED that the Southold Town Planning Board r favorably~ecommends to the Town Board the change of~ne from "A" R~sidential and Agricultural District to "B-2" District on the property of Della Chew as described above. This property will be used for a nursing home if it is changed to a business ~ district. The Planning Board feels there is a great need for such a use in the Town of Southold, and a nursing home would be an asset to the Town of Southold. Respectfully submitted, ~o~ ~i¢~am~ ~i~ma~ Southold Town Planning Board bd CASE NO' ~'~ ' STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF TIlE TOWN OF SOUTHOLD: 1. I, DELLA CHEW residing at Mattituck, New York (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ........ I~f~I~K,...~...~ .... and more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of Main Road, at t~e northeasterly corner of land of Long Island Ice and Fuel Corp. and running thence along said line of Main Road North 52~ 02' 10" East, ?17.20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy, Sout~ 21~ 04' 50" East 513.03 feet to a concrete monument set on the northerly line of 01d Main Road; thence along said line of 01d Main Road, two courses as follows: (1) South 56~ 5V' 20" West, 28.88 feet; thence (2) South B4~ 42' 10" ~est 288.26 feet to an iron pipe and land of Frank Nawrockl; thence along said land of Nawrocki, three courses as follows: (1) North 9~ 59' 10" West, 268.38 feet to an iron pipe; thence (2) South 52° 13' 40" West, 191.51 feet to an iron pipe; thence (3) South 16° 26' 40" East, 168.54 feet to a concrete post set on the northerly line of 01d Main Road; thence along said lines of 01d Main Road South 88° 34, 50" West 246.14 feet to a concrete monument and said land of Long Island Ice and Fuel Corp.; thence along said land NorSh 25~ 90, 50" West, 108.53 feet to the point of BEGII~ING. Containing 4.269 acres. 2. I do hereby petition the Town Board of the 'row~ of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including 1he Building Zone Maps heretofore made a part thereof, as follows: From "A" RESIDENTIAL and AGRICULTURAL to "B-2" BUSINESS 3. Such request is made for the following reasons: See original petition 128 verified October 22, 1964, amended petition 128 verified November 24, 1964 and minutes of public hearing of January 14, 1965. This petition was made due to the fact that the zoning ordinance of the Town of Southold has been amended and the zoning classification changed since the dates of the aforesaid petitions and public hearing. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK,) DELLA CHEW BEING DULY SWORN, deposes and says that She 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) o~vn knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters she believes it to be true. Sworn t~/~fore me JOHN R. I~cNULTY · ~, -,]LES. $$ fee..t...~ ~. AJJaert ~, ]i~~, ~ C'Ae-.z~.~ -oa .omeembor X4, X~, of zeal, for bea~ purpooem. are ~-peeple a~. ~~ 'to ~ lad ~t of' ~ a .£~a of the prl~t ·here ~ ~'tf ~t :bse~ to mre~, ~~of~ ~mt ~.~8 ~o ~X of Lend of h~ve ~ Mas nm .~pmm.e. ) ,foXAoua., of' of the 23, '1.964, romp .aO. -%4- of on.. ~r~her potnte4 ~t of ~der~ of' ~~~ a ~4. A.~' e~~ the-pmr..ael of '-%mn~ o~ ~e. emeter%y s~ of Or%f~ ~;t, aepermted e~ly b~, ~tffLnv s'~.. %f ~e ~% ~a ~~ q ~f ~ a,l~j, ev. not ~, q ~e ~t st, m ~ o~ Aim. 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'but; ~.-.t~ viJ,% .e,.~;%%% r, emm%n, am nura~ chmn,d~. ~ ~ eamep%.e.o *r~A..~ t,o .,onLy on, e '~.:lnV, fire t. bat ~Y ~ e~~v. ~ about. ~ e~. e~t ~ra. ~ maze. one ,ray or ~ ~ ~ (1) Divi~i~ of ~virc~e~~l ~ealtb Servic~e--for wa~er amd ~e, geaeral e~ita~c~, food mervice, radiologlcal c~ntrol, a~r (2) Ol~laic~ of Cbrc~lc Di.®&ae ServXcea--all data ar~ pla~. o~r~ ~ ~ h o~e. and c ~ ty zaf trna r £es. (~) Dlvlaim of SpeclaI ~.altb Service., ~weau of ~.AltA--L~forlaatl~ and pla~. for nat-miry and ~at~rnal amd Child oo~wrl~ d~agno, tic laborateriee. ALl ~e,--~-_ ~~~ for c~an~ee to ~et t~e re~uire~~~ e~ ~ ~~ ~~~ ~~ ~ P~ for asae~l~ ~ ~~t~ ~ ~ ~. ~A _.~.,T ftt~l det4xlZmatlca of need, pro~.l~ ar. ~ A~ the l~ fe~ .-__--~_:, _~_ratic~ ef the epeeial ~ ef the several raligio~ ~rcn~.. )~ICE OF HEARING ON /..'~0P0SALS TO ~ ', .... ZONING ORDINANCE ~t to Sect/on 265 of the Town ..~,'.~d Article IX of the Building /~l~4}edinance of the Town of Sou~h- ~~olk County, New York, public ~ will ~ held by the. Southold ~~. ~ard at ~he Office of ~he Sup- ~~~ 16 ~h Street, GreenerY, ~~~, in said Wwn on the 14th day ~~, m~, ~ ~:~ P. ~., on ~he ~pro~ls to amend the ~, Zone Ordnance (including ~~~g ~one Maps) of ~he Town 1, ~ changing from "A" Residenti~ ~~~~ral Dis~ric~ to "B" BuSi- ~~ict, the followmg de~ri~ ~ -~ $~t ~rtain tract or parcel of ~. ~..~uated in .Cutchogue, in ~e ~'~~~' of Southold, Suffolk County, ':~~ York, ~d more p~ticularly ~. ~ded ~d descried as. follows- ~.:~ing at a ~t on the ': ~asterly line of ~ffing street ..~~feet northWeSterlY along ~id ~terly line fr~ the Main ~:. ~~,said point of ~ginn~g ~i~ ~. ~~ ~--~ner.~ of i~nd of ~~der; from ~id ~t of ~ .... ruling along ~d ~rth- ~fly line of Griffing .Street, ~ courses as follows: (1) N. ' '~ ~ 20" W. ~.56 feet; thence "~'~'~::';~ ~4" 40" W. 122.~ feet; thence .' o ~.~ '~ northeasterly on a curve to ht ~ng a r~ius of ~'..,~.~ ~s~Ce of 39.01" feet to the ~~~erly line of ~hool Ho~e ~ ' . along ~ thence ~ said ~theast- · ~ ~e, ~. 5~~ SS' 20" E. ~.~0 .~ ~ land of Wic~am, thence ~ follows' 1) 8. 8go ~, ~0" ..:~"~ ~' ~. ~.0t fee~; ~henee alo~ ~d ~nd of Wiekham '.-~ of Case, S. 8g° ~0' ~0" ~; ~enee along land of Wolf, ~~ ~d l~d of Schneider, 8. ~1° . ~ ~"' W. 181.0~ f~g. ~ ~he poin~ · ~.. B~ °hanging from "A" Residential · ~.~ l~eul~ural Dis~rie~ ~o "B" Busi- n~_.~:~i~nee me following deserib~ t~ gha~ certain ~rae~ or parcel 0f la~ situated a~ Cu~ehogue, ~e~ ~o~ of 8ou~hold, Suffolk ~n~, ~ew York, and more p~- '~~17 bounded and described as !~o~' ' ,~:~;~nning a~ [he intersection of ~.:..'~ Road with ~he southwesterly ~ne of Gdffing 8~ree~ ~d ruling -~~ said. sou~hw~ly line of · ~~g 8~ree~, ~wo courses ~ fol- -'i~: (1) 8. 88° 05' ~0" ~. $8~.81 fee~; · ~ (2) 8. ~o 8~, ~0" '~~':~.thenee along land of ~he ....~~ ......... ' ~h0 Roman Catholic ~~villeof Centre ~hree eo~ses .~d ~snees ~ follows: (1) 8. ~0° ~o $'1~ ~0" W. 185.55' fee~; ~henee ".{a)'° a0" w. '~"' along ~her land of ~he '.~l~ers herein on ~he direc~ ex- ~o~ southwesterly of said nor~h- ~!~ l~ne of School ~ouse Road, '/~.."'~ ~' ~0" ~. l~,.aO fee~ ~o ~he ~~~ of beginning. '.8,;':~ eh~ging from "B" Business ~.-~A~ ~siden~ial and A~deul~ural ~~ .~he following described 'prop- ~: ."~ ...~ ~:.~a~ certain ~rae~ or par~l of "~d ~ua~ in Eas~ Marion, Town ..:~f" ~u~hold, Suffolk ~o~n~y, ~ew '-Y~, and more particularly bound- ~.~...~d described as roll,s' .~oU[h~s~erly corner of ~he presen~ ..~. o~hers on ~he ~u~h, a~d land ~f O~ames on ~he west, from said ~~' 'of ~gmning runmng alon, ~Id 'land of Guimar~es, ~ 1~.0 fee~' ~henee four eo~ses f0Ho~': (1) N. 78° 34' E.--387.87 .~eet~. t~nce' (2) S. 56~ ~' E. 3~.0 '~'~] thence (3)S. 11~ 26' E. 1150 .~ieet more or le~ ~ the southerly ~mer of the present '"B" Zone' thence (4) northwesterly 350 fe~ m~e'~or le~; thence ~ong said lan~ ~'Latham and others S. 74 {.-'~ W,--4~O :[~i more or .less to the: ~iat of .beaning, :,_~ARCEL-- -~. I!- All that ' .I~act or parcel of land.-situate, lying- and ~ing a~ E~t Marion, in the ~ ss: Town of Sou~hold, in ~he Coun~ of ~~ Suffolk, ~d S~e of New York, ~d~. o~ ~he no~h by land of Cove Beach Estates, Inc., on ~he east by land of ~ed Tabor, on the .. ~uth by l~d of J~eph Boken, ~d Whitney ~ooth, Jr., bein9 du[y sworn, says on the wes~ by land of Cove Beach Estates, Inc. ~s the Editor, of THE LONG IS~ND ~, By changing ~om "B" Bus,ess- MA~ITUCK WATCHMAN, a public news- Dis~ict to "M" Muttipte ~sidence the fonowing describ~ property: ~d at Southold, in Suffolk Count; and that ~1 that certain tract or parcel of~ ~d Situated in Eas~ ~ariOn, In me [ which the annexed is a printed copy, has been To~ of ~uthot~, Su~om County, j said Long Island Zraveler-Mattituck Watch- New york, ~ more ~ded ~d de~i~ as ~onows: / 'week for .... ~~~ .... ~.Z~.. wee~' on the ordi~ ~gh Water mark of' ~ng Zstand ~d at the norm- commencing on the ............. .D.. ........ ning ~ong eas~erl~ sa~d ~gh wa~er m~k $~ fee~ more or le~; ~henee ~Wo ~ses ~ follows: (1) 8. ~o $~' W.~ffi fe~ more or le~; ghen~ ................................................................ (2) S. 78° 34' W.m387.87 feet; thence along said land of Guimaraes N. 11° 26' W.--350 feet more or less to the ~ point of beginning. PARCEL II--Beginning at a point ~orn to before me this .~.... day of on the ordinary high water mark of .................. Long:..Island Sound 300 feet north- ~---- westerly along said high Water mark ..~.~.~. ........ , ] 9. ~.7.. from. Point where said high water mark iS intersected by southeasterly line of the present "B" Zone; from said point of beginning running f°ur c°urses as f°ll°ws: (1) S' 33° ' ~~' ~.~. ~.4~..~.~ ~.~~.. ,~~.. 34' W,--250 feet more or iess; thence [ ~.... // :~....~~., (2) N, 56° 26' w.~350.o feet; thence ' ' Notary Public ............ (3) N. 11° 26' W. 300,0 feet; thence ~_. (4) N. 33° 34' E.--350 feet mo~e or~ leas to said ordinary high water mark of Long Island Sound; thence' southeasterly along said high water' mark 700 feet more or less to the point of beginning. 5. By changing from "C" Industrial District to "A" Residential and Agri- cultural District the follov~ing describ- ed property: All that certain tract or parcel of' land situated at Bayview0 in South- '. old, in' the Town of Southold, Suf- folk County, New York, and bound- ed and described as follows: Beginning at a point on the northerly line of North Bayview Road at the southwesterly corner of · land formerly of J. B. Coleman; and running westerly, along said north- erly line of North Bayview Road 420.feet, more or less, to the easterly line of North Road to Bayview,; thence northerly along said easterly' line of North Road to Bayview 122 feet more or less to land now or. formerly of Meadow Point Proper- ties, Inc.; thence northerly along said land of Meadow Point Proper: ties, Inc., 1200 feet, more or less; thence easterly through land of. Reese 450 feet, more or less, to land formerly of Coleman; thence south-: erly along said land formerly of Coleman, 1200 feet, more or less,I ~ to the point of beginning. Contain- ing about 12 acres. 6. By changing from "A" AgriculturalI and 'Residential District to "B" Busi- ness District the following described property' All that certain tract or parcel of land situated in Mattituek, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a concrete monu- ment set on the southerly line of Main Road, at the northeasterly corner of land of Long Island Ice and ~uel Corp., and runrdng thence along said line of Main Road, 0~.' 10" ~..ast, 717.~.0 feet to a eon- crete monument and land of ~'ank Murphy; thence along said land of Murphy, .South ~.1° 04' §0" ~..ast, $13.03 feet to a concrete monument set on the northerly line of Old- Main Road; thence along said line of Old Main l~ad, two courses as follows: (1) South 56° §7' 20" West, ~.8.88 feet; thence ¢2) South 84° 10" West, ~.88.~.$ feet to an iron[ pipe and land of Frank Nawroeki, thence along said llmd of NawroeI~, three courses as follows: (1) North 9 ° 59' 10" West, 268.88 feet to an ~. -J.. .th 52° 13' (Continued on Page 12) ADELE PAYNE Not~ry Public, ,q.,.t~'".e of New Yorl{ tiesidir~.t~ in L~'~c:',( County No. 52-3041009 (Lmmission Expires March 30, 19~'~ ''~ at a po~~ .on... (~) 40' 34." 40~' M. feet& ~* ~.AO bet land of ~ ~btjtAs~~~, ~) So 37e ~* $3' 20,~- ~. ~ -(~) S. 20~* B-. 20' 20.~,~' ~. of ~ 37 G .IL3' 30~.~ M', 790.$7 feet · ~~,. (Z) ~, .~o 28' 40~ ,'. 23.67 ~~ ~ Page -4- northerly side of Main Road the following 2 courses and distances: (1) North 86 degrees 13 minutes 30 seconds West 369.08 feet and (2) westerly 167.48 feet to the corner formed by the intersection of the said northerly side of Main Road and the said easterly side of Plum Island Lane and thence along the said easterly side of Plum Island Lane~ north 1 degree 02 minutes 20 seconds east 382 feet to the corner aforesaid at the point of place of beginning PARCEL I~ -- Beginning at the intersection of the northerly line of the Main Road with the westerly line of Plum ~sland Lane, from said point of beginning running along said northerly line of the Main Road S. 88' 555 40" W.-174.95 feet to land of Tabor; thence along said land of Tabor N. 1' 43* 00" W.--189.48 feet; thence along Lot 51 as shown on "Map of Section 2, Orient by the Sea", filed in the Suffolk County Clerk,s Office as Map ~3444~ N. 0' 30~ 50" E.-202.96 feet to the southerly line of a proposed highway to be known as Pa~k View Lane; thence along said southerly line S. 88:57~ 40" E.--185.80 feet to said westerly line of Plum Island Lane; thence along said westerly line S. 1' 02~ 20" W.-385.76 feet to the point of beginning, containing 1.6278 acres. Southold Town Planning Board =;DUTHEILD, L. I., N. Y. REPORT TO: Southold Town Board 16 South Street Greenport, New York December 3, 1964 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on November 24~' 1964: In the matter of the petition of John ~. Rodden for a change of zonefrom "A" Residential and Agricultural District to "B" Business District on certain real property located at Mattituck, and more particularly bounded and described as follows: Beginning at a concrete monument set on the southerly line of Main Road, at the northeasterly corner of land of Long Island Ice and Fuel Corp., and running thence along said line of Main Road North 52° 02' 10" East, 717.20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy, south 21° 04' 50" East, 513.03 feet to a concrete mon- ument set on the northerly line of Old Main Road; thence along said line of Old Main Road, two courses as follows: (1) South 56° 57' 20" West, 28.88 feet; thence (2) South 84° 42' 10" West, 288.26 feet to an iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki, three courses as follows: (1) North 9° 59' 10" West, 268.88 feet to an iron pipe; thence (2) South 52013' 40" West, 191.51 feet to an iron pipe; thence (3) South 16o26' 40" East, 168.34 feet to a concrete post set on the northerly line of old Main Road; thence along said line of Old Main Road South 88° 34' 50" West 246.14 feet to a con- crete monument and said land of Long Island Ice and Fuel Corp., thence along said land North 23° 00' 50" West 108.53 feet to the point of beginning. Containing 4.269 acres. Southold Town Planmng Board BDUTHE]LD, L. I., N. Y. PLANNINC~ BOARD MEMBERS Alfred Archibald Young December 3, 1964 It was RESOLVED that the Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of John M. Rodden as described above. The Board feels that this is an ideal location for a nursing home in view of the fact that access may be ob- tained from the Old Main Road. The Board also feels that this is a much needed use in the Town of Southold. The Planning Board also recommends to the Town Board that the properties adjoining this particular piece of property be zone "B" Business District. Respectfully submitted, John Wickham, Chairman $outhold Town Planning Board OFF~ .ERK ALBERT W. RIOHMOND SnUTHnLD, L. I., N. Y. November 24, 1964 Mr, John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The original petition of John M. Rodden, Mattituck, New York, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated in Mattituck, 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/M Very truly yours, Albert W. Richmond Town Clerk CASE -.~.-..ff:.~-. - ' TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHA2~'GE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONP, ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 17 Wittridge Street 1. I ..... .TOH~.M,..t~.ODI)~[ ...................... residing at .~.~:~..~-9~'k~?.~l~..°..m...a..,..N..~Y~...~.°rk (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ...M_&Z~IT.UGJ~,...I~J~.'~(...Y..Q~. and more particularly bounded and described as follows: BEGINNING ar a concrete moaunent se[ on the southerly kine of Main Roxd. at the nnrthe ~sterly corner of and af Long Island Ice and Fu.~l Corp. and running thence along sa id tn, of MainlRo~d North 52° 02' 10" East, ~1'/.2~ feet to x concrete monumen~ and land ~f Frank Murphy; th*ncc along *aid land of Murphy, South 21° 04' 50" East, 513.03 feet to x con:ret* monument set on th~ nutthe~ly line of Old Main Road; th*ace along said lin* of Old Main Road, two courses as follo,~s: (1) South 55° 57' 20" West, 28.88 feet; thence (2) Soa:h 84~ 42' lO" West, 288.28 feet to au iron pipe and [and of Frank Nawrocki; thence along said lanfl of Nawrozk[, three courses as follows: North 9~ 59' 10" West, 2118.88 feet to an tren ptpe~ thence (2) South 52~ 18' 40" Wear. 19~.51 feet to an [rea pipe; thence (8) South 15.~ 26' 40" East, I$$.$1 feet to a con:ret* post set on the natth;tly line of Old Main Read; thence along said Ifne of Old Main Read South 88° 84' 50" West, 245,14 feet to a con~e~e monunent and said laud of bong Island Ice and Fuel Corp. ; th*nee along said land North 23~ 00' 50" West, I08.53 feet to the poin: of BEGINNING. Containing 4.2[19 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part lb*reef, as follows: From "A" tLESIDENTIAL and AGR.ICULTUP~AL to "B" BUSINESS 3. Such request is made for the following reasons: To construct a Nursing Home /~JOHN M. I~ODDEN STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ........... ~?.~ .M..y...~?..°..D.~.~ ............................... 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) o~vn 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. Sworn to before me this ...~..~... day of ...... ,~Io.v. emhea ........ 19..6.4. Notary Public. October 25, Mr. Alan Brand, Attorney 3~ Portion Road Lake Ronkonkoma, L.I. Dear Sirl The application for change of zone "A" to "B" district of John ~. Rod. den, land b~ing purchased f~~m Della Chew, La~el, L.I., was rejected by the Town Attorney, Robort Tasker, even though Mrs. Chew also ~igned the original application. The Town attorney wantm a new a me~t.s and bounds description, and a new appl~.ication signed by both parties. application submitted survey map attached and with the Enclosed please fin~ application forms. I Realty) fee application. am holding the check of $ 25. O0 (receipt issued. and. the original application pending receipt of CZ00lsen the new and. act Th* Town Board will m.~et again on .November ~th to on these matters. receive Zours truly Buildinf Inspector C.C. Olsen Realty CAS~: NO: ..~.~..~...... ...... STATE OF NE\V YORK . ''~'~-' - )~ PETITION TO T~ TOWN BO~D OF THE TOWN OF SOUTH · Della H. Chew _ ~ttxtuck~ N' . M. ~. I, ...JO~..~E~ .............................. , residing at (inset' name of petitioner) New York Suffolk County, New York, the undersigned, am the owner of certain real property situated at .M~tti.tack, To.'zta.o£.$.o~ttho.[d, and more particularly bounded and described as follows: ALL that certain plot, piece or parcei of land, situate, Lying and being at Mattituck, Towz~ of, Southokl, County of~uffolk and State of New York, bounded and described as follows: On the North by the Main l%oad (l%oute Z5); on the East by Francis J. Murphy; on the South by Old 1q. oad and Nawrocki; on the West by Shell Oil Company; containing by estimation three (3) acres, more or Less. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Soutbold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, as follows: From "A" l%esidential and Agricultural to "B" Business 3. Such request is made for the following reasons: To Construct a Nursing Home STAT~ OF NE%V YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ....... ~QI-Ii~.lVL..~9.0DD~AI ................................. , 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 NOTARY P%JBLIC, State of Ne. 52-5423550, Suffolk ~unty Term Expires March 30, 1966 (L. S.) i ...... ~.. / ')c2~ 'j ,'~ · ...c_ . / WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by .~l,~..~,~...~?,~...~.¢:k~...V~ll,t~l~[C~91~ ............ requesting a change, modification and amendment of the Building Zone Ordinance including the Builcling Zone Maps made a part thereof by chang- ing from ....AL.~.~.I~I.o...&..J~I~i,~.~..~. District to '?.]~)~.~..' .~.tA~.~.~.~.~. ........ District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....~-.~,~...h ...... day of ............... ~...'~..~ ....................... , 19..~..5.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is By (]~der o a the I~uthold Tc~n Bo~l. D&teds July 7, 1965. Effective as ok July 17, 1965. Albe~t W. Richmond Town Clerk NOT~CE OF AM~E~D~,N'T ' OF ~ OP,~E~ANCE NOTIC~ -IS I-IE~E~Y ~t ~r a ~M~c h~ ~t to ~e ~m~ of ~w, the Bu~ Zone O~e (l~ludl~ ~e ~d~ Zone MaD) of ~e ~ of ~u~Id, Suffolk ~ty, New Y~k, w~ d~ ~d~ ~t a ~-~ ~t~ of ~e ~old ~ ~d he~ on J~e ~, 1~, ~ f~: 1. ~ 'ch~ f~m "A" rent~ ~ ~t~ ~t~t ~ "B-2" B~ ~lct ~e fol- l~wln~ d~ ~1 of ~ ~t~ at ~- ~, In ~e T~ of ~, ~fo~ ~unty,~N~ Y~rk, ~d m~e ~tl~ ~d~ ~d d~ ~ foll~s: ~e ~h~ly line ~ ~feet at ~e ~fly ~r~r of 1~ ~ ~r; the~ ~ a15~ ~d ~ly li~ ~ ~ff~ ~t, t~ee . ~. ~" W.~ f~t; ~en~ N. 49° 34' ~" W. 1~.~ f~t; ~4~ f~tL ~e~e no~ly on a c~ ~ the ~ght ~g a~of~f~a~ce of 39.01~ f~t ~ ~ ~u~e~r~ I~ of ~1 ~ ~d; ~e~ ~o~ ~d ~uth~t~ly ll~, N. ~o ~, ~,, E.-I~.10 f~; ~e~ ~ ~ of ~ two ~ ~ fo~ows: S. 3~° ~' ~". E.-219.~ feet; ~e~e (2) S. ~o 53' ~" E.- ~.~ 'f~t; ~e ~o~ ~d ~ of Wlc~m and ~g ~d ~ ~, S. 3~' ~' 20" E-l~6 ~e~ ~o~ ~ ~nd of ~l~r, S. 51° 55' ~" W.- 131.~ feet ~ ~e ~n ~ ~ ~r~ ~ of ~ ~ ~d ~ .~e f~ ~t ~d ~o~ ~ ~ly ~ Grif~tn~ .~, two ~'~ ~.~ f~t; ~e~ (2) 8. 39' 51' ~" W~l~f~t; (3) N. 3~~ ~' ~" W.-~T f~t ~ti~r ~in on ~ e~n ~r~ of ~r~ ~e of 16~.~9 f~t ~ the ~t of ~nntn~. ~ a~ ~t~ ~ct I0~ d~ ~y: ~ ~t ~ tr~ or ~1 ~ 1~ ~d at ~t~- tuck, In ~e T~ ~ ~u~d, S~fo~ ~t~, N~ Y~, and ~ ~c~ ~ ~d ~G at a ~re~ mon- ist ~t on the ~er~ ~e ~ly co~er of ~ of ~ng l~d ~e a~ ~el Co~. land Feeney, N. 28° 00' W.- 3~ fee~, n~0~e, or le~, to cedinary high ,water m~k Of LOU~ Island SofllEid; t~l~n~e s~thwe~t~rly l~OD~ ~ld /~llgh w~t~r 2~ feet, more or leas, to __~__~[ ~ ~, ~ ~ ~' N.-~ f~t,' · ~ ~ 1~. 4. ~ ~g f~m "A" den~ ~d ~r~ fo~ ~ ~rty: AB ~t cer~ trot or cel ~ ~ ~at~ at t~, ~ ~e T~ of ~u~ol~, ~fo~ ~, N~ Yor~, ~d ~re ~n~ly ~un~ ~d d~ ~ f~s: ~ at ~ ~t where ~e w~rly ~ ~ .~ Aven~ ~ ln~r~ by a~ ~h ~r ~h ~ ~, .~r. ~,, ~-1~ f~t, m~ or 1~, ~herty fr~ a ~nt, ~ the erly ~ty of ~ w~ Hne ~ W~ Aven~ ~h ~e we~r~ ~ s~west- e~ ~.h~h ~r m~k of MattOck C~k ~ a ~t, tie Hne.. f~ ~d ~nt W a ~t on th~ w~terly Hne of W~ A~n~ ~ fe~ S. ~' ~" E.-f~ ~d monum~t ~ mentioned, ~lng. 10" ~-4~9.16 f~t; the~e ~o~ ~ o~ ~gh water m~k of ~t~tu~ ~ s~thw~r~ ly ~d n~r~ ~ a ~e ~ ~ ~i~ ~ 63~ 23' ~" W.-~.~9 feet; ~e~e no~h- w~rly ~ng ~ ~gh wa~r m~rk of ~ttit~k Cr~k ~ a ~t, the tie ~e ~in~ N. 15~ 1~ ~" W.-3~.76 feet; thee n~e~ly ~o~ o~n~ ~ wa~r ~rk ~ ~t~k C~ ~ a ~i~ the tie Hne ~g N. ~ ~' ~" E.-412.~ feet; ~n~ ~on~ o~er 1~ of ~e ~ ~ a~ V~ ~, ~e ~ f~: (1) S. 19" ~-~.0 feet; ~ (2) N. ~' ~' ~" E.-~.~ f~t ~ ~e w~ ~e of ~ Ave- nue; th~ ~ ~e ~ of ~ Argue ~: (I) S. ~' ~' ~" E.-~ ~ ~ ~ ~ent, ~ (~) S. ~' ~' ~" E.-130 fe~ mo~ ~ le~ W ~e ~nt or place of .~. 5. By ~g from "A" d~tl~ a~ ~t~ ~tflct ~ B-2 ~ D~tr~t the fol- ~1 t~t ~ ~ct or ~1 ~ hnd ~tua~ at O~n~rt, In ~e ~ of ~old, S~olk ~, N~ YOrk, ~d mo~ ~ly ~n~d ~d de- ~ ~ follows: ~ at an iron pipe ~t on ~ ~uthw~ comer of ~ve~e~ ~, ~e~ ~ld ~ c~ ~ ~on f~m' ~ ~ly ~ w~rly ~se ~ a ~ly ~ ~u~erly e~; ~mnl~e thee ~u~ 1 d~ ~4 ~nu~ ~ W~ ~o~ ~e w~rly Hne ~ ~ ~ feet, more or le~ ~ ~e or~ ~h wa- ter turk ~ ~s ~ve; ~ ss: ~..-..~..~... ........ being duly ~worn. Printer and Publisher of the SUFFOLK )ublished at Oreenport, in said county; which the annexed is a printed copy, the said Suffolk Times once in each ........................... ~ .................................. week~ ~g on the ...... ~.c_~..~_~ .................... ....................... .... is ........ ............... I' of Main l%o,ad North 52° 92' 10" East, 717.20 feet to a concrete Muxphy; thence along said land of Murky sontl~ 21~ ~' 5~" ~st 513.0~ ~eet to a ~oncrete line of Old Main R~ad; 'thence aloag ~id line of Old Main ~I- ~a~ 56~ 5T 20" West 28.88 feet; thence ~2) South ~4~ 10" West 288.26 feet to an p~pe and land of Frank Naw- r~ki; ~ence alo~kg said land ~oll~s: (l) North 9~ 59' 10" thence (2) So~t.h 52~ 13' 40" West, 191.51 feet t~ a~ ir~n pipe; thence (3) south 16~ 26' 40" ~ast, 168.34 feet to a concrete ~st set on the northerly line' of Old ~ain Road; thence along said line of Old Main Road ~uth ~ 34' 50" Wes~ 246.1~ and said land o[ ~ng ~land Ice and Fuel Co~., thence along said land North 23~ 90' 50" West, 1~.53 feet to the point of be- gi~ming, containing 4.269 acres. 3. By changing from "A" ~e~tial and Agric~tural District to "B" Bus~e~ D~trict the ~o~g dec,bed properW: All that ~rt~in trot or par- cel of land situated at A~ha- ~que, in the Town : ~at~old, Suffolk County, New York, and ~ore particularly unded and de~ribed as ~l- B~inning a,t a m~um~t on [~e no~herly line of the ;dle ~d at the sou~e~terly ~mer o~ ~ of Jack ~vin ~a~ I~g ~in a~d the sou~- ~terly corner of l~d ~f ~r~ B. F~ney sad ~therine ~F~ney; fr~ ~d point of ing r,un~ng ,al~g ~id erly l~e o~ the ~ddle ~, N. 62~ ~' E.-270.0 f~t u m~num~,t; ~ence along said' merly of $ieger; tl2ence north said last me4~tioned land 270 pipe set in the southerly line of south 80 degrees 55 minutes east along the southerly line of Silt vermere P,~oad 149.66 feet to the point or place of beginning. )A~D June 25, 1965, BY O~ OF ~ ~OU~O~ TOWN BOARD ~T W. ~IC~OND ~WN C~K ltJy2 ~90I gO ~g~Io (tn~],ud.tnv the mutXdAng 2~ue Map) of the Toum at & roquX~ ulet~ng of the $ouchold T~n Board-held on J~Aue 35, 1965, als foXloum~, l. Dy changtng frem *a" aestdmnt,,taX and Agrto/lturaX ALi that oortoJ~ tract or ~1 Of Xand aXtumtm(t &~ Cut~mgum, tn the Toen of aouthold, ftuffoXk County, Hoe Yoz~, and more m,,~-~ at a point on the nmrthemtmrly ltne ltne of mr'tfftng O'-tromp, three courmem ~eet~ t~eace (2).. 49-(k~zeei 34 mtnutem 40 seooad~ W.-132. SO (3) M. 38 ~m 0$ ~-mlnut..e, 40 soeon~ w.-$~.01 feet~ ~ nor~ast'~~'~ on a curve to the right hay trig a radtua of 24.56 £ee.t a ~:~o'~~ of 3-~.0! feet to tJ~ mouthmmmtmEly I AAe of School Houme Jtomd~ thence along aa. id lJ3ae, lio 53 dlgreel SS m:tnutmm 20 iet'midfl g.-144.10 lmnd of W Z~ 'L~vo courses -2- fo]3.ovo, (%) $. :37 dogrees 04 mbmt~s 40 ooecmds fee~ then (2) $. 36 ~dSjreee 5-3 mLuu- m 20 ~ B.-306. C)4 foe~,~ t:henc~ t1~ fii:Lcl ]J~d of and ],and o'f~' came. s. ]? degrees, 2O ~~tea 20 teeonda eaat-],40..S6 feet~ ~ along ~d o.£ Wolf. a. 37 d/groea. 34 m'J~.~ 20 fledondl -35.20 feetr S. $1° 5$" 40" #.-131. 92 £eet to the point o-f bogLunLug. ILue 'o£ School nor~.~v.~~Zy IApc ~lXe~e, (1) .f. 3~ 05' 40' B.-&35.81 felt..r thine/ (2) .$. 49° 34' 40'" B.-]~2.98 feet! ~ three c~ur~ and d..JJ~~ as £oXX~, (1) S. 70 ~ 28' 40' w.-23.67 fee. t~- ~_~h~ (2) s. 39 feet~ aloug o~J~or ]And of the petitioner htre%n on the di~eet of' $cnhoo~ Wee Road, .Ii. 52° 55' 20' ii.-%67.39 bt ~o the point of begJJm~ug-~. 2, By Chmng~ ?.~:-,. "A" Xeo%Mt.~ and a,~zl(ml~aX the foXlo~,lug dooer~ All :that certain tract or pereel Of l~ SuffO]Jc COm1~y, lev YOZX, and more o,£ Bout. bold, bounded and ~aee__,.j?.tbed aw fol%oua. ~~%y I Lne of liiLu Road, at the ~orner of ]~nd o£ Loug %wLind Zee .and ~ueZ Corp. -3- and rmm.~/~~-al.ouq ~Ld I J~e o£ ltuLn .Road ~o~ 52' 02 ' 10' ~et, 717.20 ~e. et t~ a cemc~e~ 513.03 foot to & concrete monument Bet on OLd Ma Ln Jr, ad, two aa follows, (l) oou~ $6~ $7' 20" wear 28.88 feet; ~e.nce (2.) mouth 84' 42 ' 10" West. 288.26 A~et to an Lron p~pe and -land of Fr~ ~rock~ ~henee along land of ~aw~.A, three courses aa ~olXows., Ifor~ 9' 59' 10" ~est, 268.88 fee.~t to an ~ (2) .fi. 52e 13 ' 40" welt, 191. $1 fee~ to .an ~ron p6op p~pe; the~ (3) south 16 ° 26' 40' l~lLet, 168.34 feet to- a. concrete post. oet on the norther l~ue of[ OXd #a.'in Road~ thence along sald line of Old lta~ ~d 8out~ 88° 34' $0# ~elt 246.14 feet to a concurs monument and said ladd o.£ ~ bland and Fuel Corp,, thence along said 23° contain ~n9 4.26 9 acre.. DLatr~ct ~ "B" BuaLnens DLo~Lct. the, foll~..~g ~r~bed All ~t ~rt~~n t~. or parcel of[ land . Arm~---~e %n .~he Town of fJ~~t~d at. ~_~.m;~-~~.~..:_~-~q~ u 0 . Suffolk County. lf~ York. and .more partLruXarly ~dod smd doscr~d as ~oI:LoMs., -4- of the .~tddle ~d a~ the southeasterly ,c~r o£ land of J&~ hev~n &nd lrv~n..g Levln and ~2~e s~uthwes~er!.y co~ o£ land o£ ~M Sarah ~. Feeuey and Katherine Ma Feeney.'~ fr~ ~,id poin~ of O~e MA~e Road northerly l~.ue o£ 00' E. -270.0 feet ~o a ~ument~ thence along $.a.~d land of Feeney, N, 28 ~' 00' W.-360 feet, l-M~re or .less to or~y hlgh wa~er mark of ~ ~sland S~~ sou~/~eestez 1¥ al ong sa id hi~:,ih water mark, 2' 95 feet, ~ore or less 't.o aa~d land of ~evAn; the~ along .aid land, $. 28'e 00' E.-230.0 feet, ~re or leos; to the po:Lnt of beginn :ing, c.onta.~n~~ i 3/4 ac~s, ~o~e or less, 4. By changing from "A" Rea. ide.n.t-ial and A~r~l~ra! All that certain 't, ract or. ~~10~ land s~tu&te-d at Matt~tu~, ~n ~he Town of.- Sou.'thold, Suffolk County, New York,. and ~e partA~l~.l¥ bounded a~d de~r~-d as follc~.s: ~-XiiN~ At a lmo~nt where the westerly 1~ of w l~ avenue is 'i. ntersecte~ by ~e Or-~ hi91~ w&ter $. .2'8' Creek, said. ~o~t .~e~g -48" 4:0" E. -130 £~t, more or less, southerly codre.~ ~.ument, marking -the norther ex~remit'y o~ said wes~zly l&ne of wi~ Avenue which runs il. 28~ 48' 40" E..-'runnin~ thee westerly and southwesterly along high -$- 8a~d po~t to a po~.t on. point, .the tie line, 28° 48' 40' mo~mlent above mentlortod, betnq 690 28. * 10" w. - water n~ of Ma'ttltuck Creek sou~eterl~ and nor~terl¥ 23 ' 00' W.-300. 79 feetr northveoterl~ &la~ or..-d~nary h~ water murk of Ma.ttttu~ Creek to a polnt, -the tie .iLue *:bo~q ~. 15° 19' 40~ northeasterXM alou~~ or~-Fy hlgh ~u~r mlrkef NattAt~ C'relk to a po/At-the tie XXne bet~ at. 34° 48' 40' B...-412.04 £ee~.'.~ the~ aXon~ other land of the said Baker. add Van B.uren, the £ol1 ~ two ~raea and (l) $. ~0 36' 10" 245.0 £eetr ~hence (2)H. 6.,.5° 0$* 40" E.-215.03 ..feet ~the ~i~tterly l:Lne Av'.enue ~ the wem~rl¥ l~ue of wtekham Avenue tMo eouraew an~d ~l.a~a u ~611M, (l) $. 24~ 54' 20' E. -330. 00 t:o a ~umm-t, thence (2)s. 28 48' 40' g,-130 feet w~.e or lees. to the point or phee of beV.' -.5, By change, from Relldont. lal and AgzAcultunl ~e~rtbed :property,. that eer~atn tract or pare~l of Xand at.-., · n the To~n o£ .South.old, Hew ~~, and more partt~~XM boundod and ~rlbed aa. -6- weft. er ly c~~ez road chan~es in di~ect=t.om from. an easterly ~.stez.-ly couzoe to a northe~y c..ouroeF~n~q th~ce south i deq~ 24 ~u.tes 40 s~~s We~'t al~ng the ~ea~rly line of Silver- mexe Rc~d 238 feet, more or less to the ordinary moze or le88, to land now or formerly of Sieg. er ~ north 3 degrees 45 minutes east aionq ~%d last ment~~d land 270 feet, more ~or less to an pipe .set in the southerly line of Silve~e alon~~ the. ~utherly 1~ of Stlverme. re ~d 149.66 feet to the ,poin-t oz place of beg. inning. ~A.TED~ ~ 25, 196S BY ~ OF ~ $~OLD ~ ~ ~tu l,m~-Z~ OgCB. ~Y ~, LgS-$, ~ ~~ TWEL'.V~ (12) ~X~ViT8 C~ PUBLI~ATI~ ~XA~Y ~ ~11~~ T~N C'op~es mailed to the .f~ll~ing on, June .The. Su££olk Times The ~ ~land Txavelez-Mattit.~ Wat~ jack & lrvin~l Lev'in Della J~ i , ~l t y , '.Esq, william 'W;k~, Thoms~ J~r¢~enia · otto Van TOWN BOARD MINUTES June 11, 1965 Present: SUPERVISOR LESTER M. ALBBRTSON JUSTICE RALPH TUTHiLL JUSTICE HENRY CLARK COUNCILMAN LOUIS DEMAREST TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND CHANGE OF ZONE - VINA BAKER AND GEORGE VAN___ BUREN 2 SUPERVISOR ALBERTSON= I will open the hearing at this time by reading the legal notice of hearing. "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 Sou th Street, Greenport, New York, in said town on the llth day of June, 1965, 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 "A" Residential and Agricultural District to "B-2" Business District the following described property. "Ail that certai.n 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 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.-130.0 feet, more or less, southerly from a concrete monument, marking the northerly extremity of said westerly line of Wickham Avenue which runs S. 28~ 4~' 40" E.- running thence westerly and southwesterly along high water mark of Matt~tuck Creek to a point, the tie ~ine, from said point to a point on the westerly line of Wickham Avenue 90 feet S. 28~ 48' 40" E.- from said monument above mentioned being 69~ 28' 10" W.-479.16 feet; thence along said ordinary ~~h water mark of Mattituck Creek southwesterly and northwesterly to a point, the tie line being S. 63 ~ 23' 00" W. -300.7 9 feet; thence northwesterly along ordinary ~k& high water mark of Mattituck Creek to a point, the tis,. line being "' N. 15° 19' 40" W.- 393.76 feet; t~ence northeasterly along or~!nary high water mark of Mattituck Creek to a point the tie line being N. 34° 48' 40" E.-412.04 feet; thence along other land of the said Baker and Van Buren, the 3 following two courses and distances 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 '~__. ......... t_~ two courses and distances as follows: O (1) S. 24 54' 20" E.-330.00 feet to a monument, thence (2) S. 28° ~8' 40" E.-130 feet more or less to the point or place of beginn~ng. "Any person desiring to be heard on the proposed amendment should appear at the time ~' ,.~.::;.:,: and place above specified. "DATED~ May 18, 1965, By Order of the Southold Town Board, Albert W. R/khmond, Town Clerk." SUPERVISOR ALBERTSON.- There is an affida,~t .in the file indicating that publication was made of this legal notice. will now read the recommendation of the Plann.~ng Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at thelr regular meeting held on Nay 11, 1965: "In the matter cf the petition of V~na Baker and George Van Buren for a change of zone from "A" Residential and Agricultural District to "B'-'2" Business District on certain real property situated at Mattltuck, in the Town Of Southold, Suffolk County, New York, and more part~ularly bounde4 and described as follows: (legal description was not r.ead again) "It is hereby RESOLVED that the Southold Town Planning Board re-recommend to the Town Board the change of zone from "A°' Residential and agricultural District to "B-2" Business District on the property of Vina Baker and George Van Buren as described above. "The property is presently a non-conforming use, having been a hotel and picnic area fo+any years. This site is located on the deep water channel, Mattituck Creek, opposite and existing "B" Business District. Due to an increase ~n the use of sa~d Mattituck Creek by pleasure boats, bothLlarge and small, facilities in the : 4 Matt~tck Park District are inadequare to accommodate visiting yachts and yachtsmen. "The Planning Board feels that th~s is an ideal location. The proposed layout of the motel, restaurant, and docking facilities will be an asset to the Mattltuck Area, as well as to the Town of So~thold. "The proposed use is in line with the waterfront development consistently advocated by the Planning Board. "Respectfully submitte~ /s/ John Wickham, Chairman, Southold Town Planning Board. (Supervisor Albertson read to all present the permitted uses in the "B-2" Business Distr~ct and explained that this classification is for a limited number of business. ) SUPE~VIS(~t ALBERTSON~ A~ this time is there any one present who w~shes to be heard ln..~favor of this change of zone? EDGAR HILL, ESQ~, Riverhead= I am an associate of Will~am Wlckham, we represent the petitioner in the case. might add that I have the proposed purchaser of the property also here tonight, if the Board has somo questions that., might be asked that are not covered tn the appli- cation or in the recommendation of the Planning Board~ or for those other people here tonight that might want to ask questions. I point out that the recent change in the Zoning Ordinance has now created a "B-2" Business District, which does not provide for as many uses as the "B" business district dl~,~when this application was before your Board the first time. The applican& has stated in the appll- cation what he wants to do with the property. He'going to reconstruct the present restaurant, provide mooring for boats and have a ~~.~.'. marine dock. Mattituck needs this type of thing. It will be in conformity with the area, it will be advantageous to en~re Mattituck. 5 might add that the ~resent building on the property could be used as a restaurant if one wanted to continue the operation as a non-con forming kus iness. There are also some cottages on the property, ~hat could be used, and no one could possibly object to it, it is now a non-conforming use, established long before 1957. The construction of a restaurant is nothing new, it has been there for many.ars. A motel might be an expansion of a few ~ottages. It seems to me we should want to reconstruct a new restaurant with fine facilities, rather than to continue the non-conforming business. It certainly would be beneficial. Also to substitute for the cottage that are there, a fine motel. I can't undera~and any person objecting to that. it would be permissable to continue as a non-conforming use, so why not create something that will be an asset to the Mattituck area. I would like to present at this time the proposed purchaser of the property, Mr. Nowak, so that he may answer any question you may ~have. MR. NOWAK: Last time we had the meeting I didn't have the pleasure of meeting the Board. A little later on we had a public meeting in the home of the Judge. At that time I explained what we had in mine. We plan to put in a nice restaurant. I am sure that Mattituck can use this place to put in a Marina where there will be adequate accommodations for the boats. We will put in a line of hotels, one unit and add a few more if it is necessary. believe that about covers the situation. would be gald to answer any questions~ UNIDENIFIED SPEAKER: What guarentee can you give us that there will not be garbage thrown around and off the boats, and will you have sanitary facilites ? MR. NOWAK: I happen to be a boatsman. As far as sanit~y facilities are concerned, the people wo~ld have to go ashore. They are not allowed to use t~e facilities on the boats. They would use the dock facili~es 6 As g~rbage the/~a~m~e concerned, there will be garbage cans ava!~ab&e for the people to use. VICTOR LESSARD~ The Planning Board has a nice recommendation theze. wonder if ~he Board is aware that a building has been moved on that property, no late.~· than this afternoon. What is this building doing on here? Another thing ~ would like to ask is a question about this accessory uses to a business . I wish you would explain that part. Would a motor repair shop, etc be an accessory use to the operation here? That building that was moved on the property was moved to build a new motel at Sound Beach. At this minute that building is sitting on the property in question. This is already a multiple dwelling. MR. NOWAK= We know nothing about that building. It has no~ing to do with us. (Supervisor Aibertson explained to Mr. Lessard the meaning of the accessory uses to the business. SUPERVISOR ALBERTSON: Anyone else wish to be heard on this appl lcat ion ? RICHARD HOLMES: I have the Old Mill Inn. I have had it for nine years. We have a fine eating place here. If you look around, you will find that we have about eight places to eat with-~n a mile or less. We have one place right to the east. I see no reason why we need another restaurant, I don't feel it is necessary. MR. LESSARD: It comes to rain4, that the property across from the Old Mill Inn and the Anchor Inn is also proposed for a marina and restaurant. It seems to ~ that this would be the place for the change of zone. HOWARD SCHWARTING~ I would Just like to ask one question, and that is who owns the land under the water? &7 SUPERVISOR ALBERTSON= The Town of Southold. HOWARD SCHWARTING: At your last meeting of the Board of Supervisors, did you propose' something about dredging Wickham Creek. SUPERVISOR ~LBERTSON: That doesn't have anything to do with this hearing. MR. SELLERS, Westview Drive, Mattituck: This changing from residential to "B-2" is so call spot zoning. think that this could lead to future changing of zone of the whole area to a "B-2" zone. The value of property is going to be devalued. The Town will lose taxes. I live directly across the way from this place in question. I am concerned with the sort of business that would develop. Would it be possible to have some variance for the construction of motels. With a change of zone, 10 years from now you could have almost anything in there. A single variance would~pell out as to what could be done on the property. ROBERT TASKER, ESQ.: I don't believe that a single variance could be granted for this. The Board of Appeals does not have the power and Jurisdiction to change a use to something other than what~~s today. THOMAS REEVE: I am the Harbor Master. I would just like to say that I had to turn away 16 to 20 boats over t~e week-end. I think that we are going to have the same pro~lem for the rest of the summer. We just don't have enough dockage. SUPERVISOR ALBERTSON~ Anyone else wk&e wish to be heard in favor of this cha.~ge of zone? JAMES OLSEN: We have our new highway, we ask p~ple to come out here. Why not give them a place where they can tie up their boats. I thir~ that this would be good for the entire town. SUPERVISOR ALBERTsON: Anyone else wk& wish to be heard in favor of this changeof zone. 8 EDGAR HILL, ESQ.: Just one point I would like to ~ake. Thi~ change of zone is not spot zoning. This property is immediately adjacent to a business district, so that this is not in the center of something. SUPERVISOR ~~ERTSON.- Anyone else wk&eewish to be heard in favor of this applicatlon ? (There was no response. ) SUPERVISOR ALBERTSON: At this time, is there anyone pzesent who wishes to speak in op~osition to this change of zone? WILLIAM ~OSCOLA." Mr. Reeve said he was overcrowded on the week- end, but ask him about the other days of the week. I don't think that there is thc necessity for another marina here. GENIVIEVE NAUGLES: I would like to register the same opposition as Mr. Boscola. SUPERVISOR ALBERTSON~ Anyone else ~M wish to be heard in opposition to this change of zone? MR. MORRISON: I am also directly across from the property in question. don't want a marina across the street from us. We are some of the highest assessed houses and this will depreciate our proper~f. SUPERVISOR ALBERTSON'. Anyone else wish to be heardin opposition to this change ? GORDON CASE: I am the president of the Brower Woods Association. We would like to go on record as being opposed to this change. VICTOR LESsARD: In order to answer Mr. Olsen about people coming out here, right across from the Old Mill Inn is going to be a mar ina where people can tie up their boats. Also as president of Westphalia Corporation, we would like to be on record as opposing this change of zone. MR. OLSEN: I haven't heard of any proposition for changin~ of zone across from Old Mill Inn. SUPERVISOR ALBERTSON= Anyone else wish to be heard in oppos it ion? KARL GUILER~ I understand that there was going to be a master plan. That master plan is being worke~ on by specialist in the field. The thought that comes to me is what is the urgency for this change of z. one. What is the need for this particular change of zone? Why should the Town grant a change from"A" to "B-2" at a time when a master plan is being consXdered. I don't like to see an area down graded. I would like to know what the urgency is. Why we have to talk about something now, when the whole county is considering a master plan. SUPERVISOR ALBERTSON-. (first made some off the record comments in answer to Mr. Gullet. ) Anyone else wish to be heard in opposition to th is change of zone? JOHN SEILER~ This is just a personal appeal tothe Board. Ifyou lived across from this property, would you like to have that in front of your house? I moved here and we have a nice home,and we have a boat. We go out the inlet. This will bring more boats in and out of the inlet, and bring alot of noise. I moved out here to get away from ~o~se. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposltio~. to th is change of zone? (There was no response. ) SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the other EDGAR HILL, ESQ.: I don't know what the present master plan provides for. However, we are putting alot of money into this proposal. I can not understand the objection to this. point out again that this could be contir~ed as a non-conforming business, and we are better off if it is c~anged to a business district. SUPERVISOR ALBERTSON: Anyone else wish to be heard one way or the other ? JAMES OLDEN: Could this be operated rightn~ as a non-conforming mar ina ? 10 SUPERVISOR ALBERTSON: No. Is there anyone else who wishes to heard on this proposed change of zone one way or the other? (There was no response. ) SUPEBVISOR ALBE~SON~ Hearing, none, I will close the hearing at this tLme for the further deliberation of the Board. Pursu&nk to lSe.c~on 265 of[ the Town La~ and ~rtt. cie IX of the Bu~ld~nq Zone OrdAnanoo of the To~n o£ $outhold, Suffolk Count.y, lll~ York, t:~vl3lLc hear~nqa wLll '_e held by the Sou~hold Town Board ak the 0££~ce o£ the Supervisor, ~reenport. New York. ~n maid town on the 11th day of June. 1965. at 7z 30 o'clock ~n the events of matd day, on the. follow Xng proposals to amend the Building Zone 0.'d~mnce (~nclud~ng the Bu~ld-~ng Zone Maps) of the Town of $outhold, Suffolk New York. changing from *A" Res~donttml and Acjr:tcultural property~ All that co. rta~ tract or parcel of land situated at Mattitu~, tn the -Town of $outhold, Su£foXk County0 New York, and more pazt~cul~Xy bounded and described as £ollows~ SRG~~H~ at a point where the westerly l~ne of W~ckha~ Avenue ~$ Lntersec-ted by ord/A&ry hLgh water mazk of Mattituck Creek, satd S. 28° 48' 40" E.-130 feet, more or less, southerly concrete monument, marking the northerly extremLty of m&~.d westerly line of w~ckh~m Avenue ~e which runs $. 28° 48' 40" E.--runn/~q thence westerly and mou~stezXy alongh~h water mark of Nattituck Creek to a point, the tie lZne, from maid potnt to a po~t on ~he weetmrly l~ne o£ WZ.ck~ Avenme 90 feet $. 28 ~ 48 * 40" S. -from sa~d monmuent above page -2- ment~d, betnq 69' 28' 10' W.-479.16 ~eet~ thence said ordtnar~ hlqh ~ate.r .mark of Mattituck Creek southwesterly and northwesterly to & point, the ~le l~ne betn~ $. 63' 23' O0' W.-300.79 £eet: thence along northwesterly alonq ordL-mry h~.~h water mark of Mattit~ck Creek t~o a pOi, hr, the t4,e l~ne being N. 15 19' 40' W. -393.76 feet ~ thence northeasterly along ordinary h~gh water mark of ~att~t.uck Creek to a point the t~e l~e bm~g N. 34° 48' 40" E.-412.04 £eet; thence along othe~ land o~ the s~:l.d Baker and Van Buren, the foll.o~ing two courses and distances as follows = (1) S. 58' 36" 10" E. -245.0 feet; thence (2) N. 65' 05' 40" E. -215.03 feet .to. the wea~erly l~ne of w~ckham Avenue~ thence along the westerly l~ne of WAckham Avenue two courses and d/stances as follows ~ (1) $. 24° $4" 20' E.-330.00 feet to monument, th~~ (2) S. 280 48' 40" K.-130 feet more or ieee to the-poLnt or pLlce of b~g~n~nq. Any person des~rXng to be heard on the prolx~ed amendments should appear at 'th® t~m and place mbove specified.. DAT~= l~y 18, 1965 BY C~ O~ T~ SOUTJJ0LD TOWN The Su£~o~ Thae8 The .Long XsXand Travele.~ttituck WAXI~m W~Ckha~0 Zsq. Southold Town Board 16 South Street Greenport, New York May 12, 1965 Gentlemen~ Th is is to certify that the the Southold Town Planning Board on May 11, 1965: following action was taken by at their regular meeting held In the Buren for a District to situated at New mat&er of the petition of Vlna Baker and ~eorge Van change of zone from "A" Residential and Agricultural "B-2" Bus,ness D~strict on certain real property Mattituck, in the Town of Southold, Suff(~lk County York, and more particularly bounded an~ described as follows= BEGINNING at a point where the westerly line of Wickham Avenue ~s intersected by ordinary h~gh wa~er mark of Matt~tuck Creek, said point being S. 28° 48' 40" ~.-130 feet, more or less, southerly from a concrete monument, marking the northerly extremity of sa~d westerly l~ne of W~ckham Avenue which runs S. 28° 48~ 40" E. ~ running thence westerly &~e~ and southwesterly along h~gh water mark of Matt~tuck Creek to a point, the t~e l~ne, fr~ sai~ point to a point on the westerly l~ne of W~ckham Avenue 90 feet S. 28° 48' 40" E.- from sa~d mon~ment above mentioned, being 69° 28~ 10" W.-479.16 feet~ ~/hence along said or~nary ~~gh water mark of Mattituck Creek southwesterly and northwesterly to a ~~nt, the tie line being S. 63° 23~ 00" W.-300.79 feet; thence northwesterly along ordinary ~h}gh water mark of Matt~tuck Creek being N. 15 19~ 40" W.-393.76 feet! thence ordinary h~h water mark of Mattttuck Creek being N. 34~ 48' 40" E.-412.04 fee the sa~d Baker and Van Buren, the d~stances as follows~ (1) S. 58° 3 (2) N. 65° 05' 40" E.-215.03 feet Avenue; thence along the westerly line of and distances as follows~ (1) $. 24 ~ 54' to a point, the tie northeasterly along to a point, the tie ti thence along other land of following two courses and 6' 10" E.-245.0 feet! thence to the westerly line of wickham Wlckham Avenuetwo courses 20" E.-330.00 feet to a line line Report to~ Southold Town Board -2- V~na Baker George Van and Buren monument, thence (2)$. 28° 48' . 130 feet, more or less, to the or place o f beg ~nn ing. point It is hereby RESOLVED that ~he $outhold Town Plan, ing Board re-recoauuend to theTo~n ~.oard the change of zone from #A" Residential and Agricultural Distri=t to "b-2" Business District on the property of V~na Bak~ and George Van Buren as described above. The property a hotel and picnic deep water channel, Business District. Due Creek by pleasure boats, Mattituck Park District yachts and yachtsmen. is presently a non-conforming use, having been area for many years. This is located on the Matt!tuck Creek, oppos ire an ex~.sting "B" to an increase in the use of said Matt!tuck both large and small, facilities in are inadequate to accommodate visitlng The Planning Board feels that this is an proposed layout of the motel, restaurant, and will be an asset to the Mattttuck area,as well Southold. ideal location. T~e docking facilities as tothe Town of The. proposed use is tn 1 consistently advocated by the Planning the waterfront Board. development Respect fully submitted, JOhn Wtckham, Southold Town Chaizu an Planning Board bd ALBERTW. RIE:HMEIND TOWN CLERK R£1~ISTRAR ElF VITAL STATISTIP-S EIFFI TI SElUTHEILD, L. I., N. Y. ERK TELEPHONE SO UTHI3LD 5-:3?83 28, 1.965 Mx*. ~ohn Wickhmm Cha~ P Xmnn/ng Bom~d Cutchogue 0 L.X. Dmm~ Pt~. Wtekl~am; You m~e instructed to prep~e mn official =epozt defining ~e eoMtti~m de~~ in ~e ~tition ~e :ec~~ation of Mo~ B~d. Ve=y trul~ ~m0 ~ibm~t #. RtcB~ ~~n Clezk STATE OF NEW YORK PETITION TO~VN OF SOUTHOLD 1N THE MATTER OF THE PETITION OF ~'//~A BAKER and GEORGE M. VANBUREN FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: We, ¥INA BAr, RR and &~ Franklin D. Roosevelt Dr. 1. :~ ...... G.~9.~..~..I~.t..~...~U~ ............. residing at l~"~6~k'"Ot~ ..................... (inserl name of petitioner) :X~l~;~I~New York, the undersigned, am the owner of certain real property situated at ......... ~!.a.~t%9.]~ ............................. and more particularly bounded and described as follows: BEGINNING at a point where the westerly line of Wickham Avenue is ~tersected by ordinary high water mark of Mattituck Creek, said point eing S. 28° ~8' 40" E. 150 feet, more or less, southerly from a concrete monument, m-wking the northerly extremity of said westerly line of Wick- ham Avenue which runs S. 28° ~8' 40" E.; running thence westerly and southwesterly along high water mamk of Mattituck Creek to a point, the tie line, from said point to a point on the westerly line of Wickham Avenue 90 feet S. 28° ~8' ~0" E. from said monument above mentioned, being $9~ ~8' lC" W. ~79.16 feet; thence along said ordinary high water mark of Mattituck Creek southwesterly and northwesterly to a point, the tie line being S. ~3~ 25' 00" W. ~00.79 feet; thence northwesterly along ordinary high water mark of Mattituck Creek to a point, the tie line being N. 15° 19' 40" W. 39~.76 feet; thence northeasterly along ordinary high water mark of Mattituck Creek to a point, the tie line being N. ~ ~8' ~0" E. ~12.0~ feet; thence along other land of the said Baker and Van Buren the following two courses and distances as follows: (1) S.58° 56~ 10" E. 2~5.0 feet; thence (2) N. 65° 05' 40" E. 215.03 feet to the westerly line of Wickham Avenue; thence along the westerly line of Wtckham Avenue two courses and distances as follows: (1) S. 2~° 5~' 20" .E. 330:00 feet $o a mon~ment, then.ce (2) S. 28° ~8' ~0" E. 130 feet more or less, ~o the point or pmace 6f beg~nnlng. 2. I do hereby petition the Town Board of the 'row~ of Soutbold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, as follows: from A Residential and Agricultural with a non-conforming use, to "B-2" Business. ~he project has been approved by the A~my CorDs of Engineers, a cop?.- of th~ apl_~z~oYal is attacked, '~ 3. Such request is made for the following reasons: The applicants have contracted to sell the described premises subject, however, to the contingency that the Town of Southold re- zone the same to "B-2". This property has been maintained and operated as a hotel for many years prior to the enactment of zoning by the Town of Southold in 1957. Not included in the sale are the residence of the applicants and a pict of land fronting 225 feet on the Creek on the North side of the premises and 222.5 fee~ on Wickham Avenue. Said parcels are shown on the map attached. Also attached is a plan prepared by the purchasers showing the proposed uses of the property including restaurant, motel, slips for boats and a marine dock. We believe the proposals will be a welcome addition to Mattituck. The Creek, since the dredging, by the County of Suffolk, has become increasingly popular with boating enthusiasts. Although the Mattituck Park District has provided a small dock and float the facilities are very inadequate for the number of boats desiring berth space. The restaurant will be sufficiently large and equipped to accommodate a large clientele and it is further intended that both the restaurant and mote~ be operated on a whole year basis. CL. S.) ..~..?g.. ...... STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) VINA B~Kw~ and GEORGE M. VAN B~ .............................................................................. th]~FI~)~!LY SWORN, deposes and says that 'hcy are ~l~:the petitione~in the within action; that ]~Iread the foregoing Petition and knows the contents thereof; that the same is true to ~r) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matter]; h~ believe~: it to be true. (L. S.) ......................... ~ .................................... Sworn to befo~re me ~ ~ .~ April 65 this ..~:...~ day of ..................................... 19 ........ ...................... ..~..:...~ ...... ~ .:.....:: ..... ~:- ~ ,j ............ Not a;y' ~;~'~li'~. DEPARTMENT OF THE ARMY NOTg.--It is to be understood t~at this instrument does not give any property righte either in real estate or mate- rial, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessityof obtainlng NANOP-E Messrs. Frank Nowak, Charles 0sthelmer and Charles Quit PEP, MiT U.S. ARMY ENGINEER DISTRICT, NEW YORK, N.Y. 111 East 16th Street,C~ ~g~.~.rSl0003 ............. _1_5 F.e_b__~_u...a.?..~__., 1965 , R.F.D. #6, Vanderbilt Parkway Huntington, New York Gentlemen: Referring to written request dated 5 August 1964, ................... I have to tnform you that, upon the recommendation of the Chief of Engineers, and under"the provisions of Section 10 of the Act of Congress approved March S, 1899, entitled "An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other pur- poses," you are hereby authorized by the Secretary of the Army. to construct a bulkhead, install a float and piles, and dredge to a depth of seven (7) feet below mean low water, the dredged material will be placed behind the proposed bulkhead, ............. in Peter's Creek, Mattituck Creek. ............................... Mattituck, Town of Southold, Suffolk County, New York, ......... in accordance with the plans shown on the drawing attached hereto and raaloked: 1507-24(Mattituck Ck - Peter's Ck - Nowak, 0stheimer, & Quit - Blkhd, Float, Piles & Dg @ Mattituck) .................. ~ .................. subject to the following conditions: (a) That the work shall be subject to the supezvis~on and approval of the District En/~ineer, Corps of En/~ineers, (j) That if the structure or ~'ork herein authorized ia not comDleted on or before ...... ~---~] S~ ........... day of .-..~D-~.~. ............... , 19.~, thi~ per.it, if not previously revoked or specifically ex.haled, shall c~se and By authority of the Secro~ar~ of %ho ArmF; M. M. MILETICH Colonel, Corps of Engineers District Engineer 150.7-24(Ma~tituck .Ck,..~eter;s Ck-Nowak,' Os~hmtmer & ~lt' r Blkhd,.- Float,:. 1~/les & Dg at Mattltuck} FOP,. ~ :~"" ?'~:~ z~2: ~.?..m ,:,-' .-"- j ~-~--,:: '~'= WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..... J&c]~,..&,.?l'r. vzL~g...L~"~.~JI .................................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ..... ';~'....~.~..l~.~....~....~J.~.~..-District to ...... ';~i...~..~.~.~ .......... District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to ~aid petition having been duly held by the Town Board on the ....~.(~..t~... ...... day of ............ ~!~ ............................ , 19..~.~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is gral'~te,4. By ~r~er of the Southol~ To~n ~oard Dated~ July 7, 1965. Effective as of July 17, 19~5. Albert Wo E~chmond Town clerk oF of mb:-.~ ~-'~~id,' Suffolk' .~~y,-...~-?'~w York, w~ d~y' ~~d~'at a. ~r m~~ of ~ ~~M ~ ~~d 'hem on ~'~:~'~l" ~~ ~~c.t..~e fol- ~~t'~~n.' ~t or .' ~e-n~~~rly li~ ~ ~.!~ '~-~~tder; then~'mr '~ '- ~0~ "~d · no~~~~ · '-..~!o~'.:~' :'".high ~ mark, .~.~....:_~. ,~.m~ or ~~o mid ."~ ~,'a'..mo; .~. '~.-~.o ~ "S-2" B~ne~' D~rict ~e' .~n~ d~~..~rty: ':ary lii~h water mark of Mattl- :tuc~ Oreek, sa~ point being s. -28° '48' .40', E.-130 l~eet, more or less, sm~herl~ fr~n a eoncrete ~.ml!ntm~e~t; .marking me nm-th.- · erly extremity .of. saki 'westerly , } ss: ..~.~ ........... being duly 5worn. inter and Publisher of the SUFFOLK lished at Greenport, in said county; 'hich the annexed is a printed copy, e said Suffolk Times once in each "· t ion' ~;..t~.-:'~we~r~. line of - '~~' -~o .ca~s' ami odls- ~' ~$~se "aosd., with,, fl~ "~ ~~~~' (3) .N, 3?° ..1~' 36"'W?790.§?. feet; the~_...e ..along.. other land of..the petltion~er _hereln. on the'direct' e~e~ mut~m~fly ..of. sa~d norti~esterly' line of -.School ~ou~- amd, ~. :.~a' ~o' ~t~' ~.- 1'6~.~9. feet t~' the~POint 'of be- '''2: B.y',~.from "~" ~t- i dential gnd "Agricultural District to "B-2" ~ District the for owing desc..~-Property: - ~ All that certain tract or pax- cel of land-'.aiiaia, ted' at Mattl- tuck, in the Towri of Sound, . 15u, ffolk O0unty, New York, 'and ,more': Part. tcula~ly Ixmmied. and ~ U foUows: .. I~]~INN~G at a 'concrete .mon- . . ument, set on the southerly line of Main Road,.a$ the norhheazt- erly corner-of land of Long Is- iand Ice'- and F~lel Col~p. and. :. ~ng:-." "-':' ' ~. By c~ ~rom "A" ~a- d~lal a~ ~e~~ D~c~ ~ B-I B~ne~ D~ct ~he Iol, ~~. a~l~. pr~~' ~ ~ ~~in t~c~ or ~r- ~ of 1~ gi~~ ~$ Or~~r~, In ~he T~n.of ~u~h~d, S~folk ~~y, New Y~k, ~d mote ~~ly . ~nded and de- ,~~ ~ fo~ows:~' ~~~' a~ an iron ~ on ~ ~U~hw~r~ comer of 8Uve~e~ ~, .~e~ ~ c~~ in d~lon i~m ~ e~~ly. ~ we~rly' ~se . ~. a n~~ly ~ '~u~erly -e~; ~ ~h~ '-~~ 1 ..d~ .24'~u~s 40 ~conds W~ .~o~'~e w~rly_ ~. o~ .~ffve~~ .~. ~ lee~, more er le~ ~ ~e or~na~ ~h wa- ~r ~rk. oI ~' ~ve; ~ ~e~ W~~ly ~~ ~id .' 8,"' 3'/-° 3/4' 20" E.- 35~29 feet; ".northeasterly a~ng -- ordinary "-':.~e~.--ato~- saki land' .of.' '~ wate .r ;,: :mark ot MattUnick "" ...."': ": '8' 51' " "' ~.._ :~Ce:...~ng' Omer' ~'. of 'the the ~e line 'beih~ S. 63° 23' 00' · W.=300.79 ~f. eet; '.thenCe north- ..- w~ly ,along ordinary-, high ' wa~er ..~__$rk of Mattituck Creek . ~. a ~t, ~e ue' ~' bein~ ~. , ,-;'- o ;' ': sp - . , 15 10 40 W,-,39~..76 met, tl~~ ,',a. --,,/--,<' Quaiified in Suffolk County Expires March 30, 1961;' · .line of. ,Grif~-Street, three line of ~ Avenue ~h .... ' ' ..... 0 ' ' ' ' "o ' ~, ~, ' ' ' .c~.~-- aa' ~s:.-q(D N~' 39 .... :-.,runs S, 28 .~ 40 E,- mnnin~ 09: 20,,-~'~ee.t;-thence :(2) :thence w~rly and southwest- N.-49° ":~4'. '.~" -;W.: t2~.50` feet; '-.:<~ alert..14-~h water 'm-a~' of taeme .j)' :~. ss;.'0o".~'" W.- .:?~m~' Creek ~ a point, ~ ~4'-ii ~t' t~hea n0r~A~,~t~ i..:'::.'i~le line,. ~ said polnb-W a ..... - .~ , . .. "~e~..~- ~.~. -,' t O' h ' ": · '~ ~;~e "~' ~'-rieh~-~: ['::-.-'l~oin · n -~ e ..we~t, erl¥. line o~ 'a.~ ofi:~6..fe~a:di~e~:[::i!i'::::~ Avenue ~ 'fee~ S..~8° ,o~::~i..~_~T ~-~ soy...t~a~r~v ! "' ::~" ~" :~.-~rom- ~ai~-~Um~n~ line ...of': ":~..iio~'"'..' ,aoaE; ! .:atx~e-me~,t~onea,, ~in~ ~° :~.~' "' ' ' .... '" -' '? .... '1 '' ' tie" al" cl' .re ~.-i?946..feet; ~hence alon~ nge..om~..lml ,: ,-.. ..... . . ... line;'.-~I. '~1°., :~'. ~."t~'~0 .:::aaid. :..:erdinar, z..mC W~er mark · .-~' .t~o' ~:':~ .foll~:..(-~,) ly and n~i~esterly ~ a ,pom~, AU that certain tract or par- cel of land. sitaated at Matti'-' tuck, in the. Town of Soutaold, ...................... :: .......... ~ .................................. week~ ':'~"S~l'IOlkl ~y, New York, and m~e,-~~ :-i~tnd~d and on the ........ ~~:z~ ....................... .. "~o ,:t :~..::~~ ..w.h,e [.: .......... , ........... ,..~...~..: ........ } ......... ~*.(~.~ ~ of Main l~ad North 52° 0,2' 10" East, 717,20 feet to a concrete mon, ument and land oi Frank 1V~uxphy; thence along said land of .Murphy' south 21° 04' 50" East 513.03 feet to a concrete monument set on the nc~rtherly line of Old Main Road; thence alor~g said line of Old Main l~oad, two courses as follows: (1-.Sou,t~h 56° 57' 20" West 28.88 feet; .thence (2) South 84° 42' 10" West 288.26 feet to ,an iron pipe and land of Frank Naw- rocki; thence alor~g said land of Nawrocki, three courses .as follows: (1) North 9° 59' 10" West, 268.88 feet ~o a.n iron pi~e; thence (2) South 52° 13' 40' West, 191.51 feet %0 an iron pipe; thence- (3) south 16° 26' 40" East, 168.34 feet l~o a ,concrete post set on the northerly line of Old 1Viain Road; thence along said ii.ne .of Old Main Road South 88© 34' 50" West 2.46.14 feet to a concrete monument .and .said land of Long Island Ice and Puel Corp., thence along said land North 23° 90' 50" West, 108.53 feet to the point o.f be- ginning, containing 4.269 ~cres. 3. By changing from "A" Resi- de,ntial and Agricul~ur'al District to "B" Business Distri¢,t the f, ol- lowir~g described property: All that certain tract or par- tel .of land situated .at Arsha- ~omaque, in ,the Town of Southold, Suff, olk County, New York, and ,more pa,rticularly )bounded and descri.bed as lows: Beginning at a monu.,ment on ~he noriaherly line of the Mid- die l~oa,d ~t the southeasterly ,corner of land of Jack Levin ,~r~d Irvi. ng Levin arid the sou,th- weste,rly corner of land of Sarah · R. Feemey and K~the.r'me M. .Feeney; from said point of be- girmi.ng r.unnirrg al~rrg said no~erly line of the Middle Roaxl, N. 62° 00' E.-270.0 feet to a monument; thence along said more Or merly of Sie, ger; thence north~ 3 degrees 45 minutes east along said last mentioned land 270 feet, mo.re or less, to an iron pipe set in the southerly line of Silvermere Road; and thence south 80 ,degrees 5.5 minutes east .along t, he southerly line of Sil- vermere Road 149.66 feet to the point .or place of beginning. DATED. ~ June ,25, 1965, BY ORDER ,OF THE SOUTHIOLD TOWN BOARD ALBERT W. RZCI-I~OND TOWN CLE[RK 1 tJy,2 : MARION A. REGENT NOTARY PUBLIC, State of New York .NO. 52-3233120 Suffolk 6ountv ,'l'_erm gxpires IV[arch 30, 19 .&____~ LEGAL NOTICE NOTICE OF OF ZONING AMENDMENTS ORDINANCE NO. 69 NOTICE IS HEREBY GIVEN~ that after a pursuant to the requirementss of law~ the public hearing Building Zone Ordinance~ (including the Building Zone Map) of the Town of Southold~ Suffolk Coutny, New York~ was duly amended held at a regular meeting of the Southold Town Board held on June 25~ 1965, as follows: 1o By changing from "A" Residential and AgricUltural District to "B--2" Business District the following described property: Ail that certain tract or parcel of land situated at Cutchogue~ in the Town of Southold~ Suffolk County~ New York~ and more particularly bounded and described as follows: BEGINNING at a point on the northeasterly line of Griffing Street at the westerly corner of land of Schneider; thence running along said northeasterly line of Grilling Street~ three courses as follows: (1) No 39°degrees 09 minutes 20 seconds west 4°56 feet; thence (2) No 49 degrees 34 minutes 40 seconds W.-122.50 feety thence (3) No 38 degrees 05 minutes 40 seconds Wo-554.91 feet; thence northea~~e~~~ on a curve to the right having a radius of 24.56 feet a distance of 39.01 feet to the southeasterly line of School House Road; thence along line~ N. 52 degrees 55 minutes 20 said southeasterly seconds Eo-144o 10 feet; thence along land of Wickham two courses as -2- follows: (1) S. 37 degrees 04 minutes 40 seconds E.-219o84 feet; thence (2) So 36°degrees 53 minutes 20 seconds E.-306~04 feet; thence along said land of Wickham and along land of Case~ So 37 degrees 20 minutes 20 seconds east-140o56 feet; thence along land of Wolfx So 37 degrees 34 minutes 20 sedonds Eo-35.20 feet; thence along said land of Schneider~ So 51° $5~ 40" Wo-131o92 feet to the point of beginning° BEGINNING at theintersection of the northwesterly line of School House Roadwwith the southwesterly line of Grilling Street and running along said south- westerly line of Griffing Street~ two courses as follows: (1) S. 38°~ 05 * 40" Eo-635o81 feet; thence (2) So 49° 34~ 40" Eo-122o98 feet~ thence three courses and distances as follows: (1) S. 70° 28: 40" Wo-23o67 feet; thence (2) S. 39° 51: 40" W. 0185.55 feet; thence (3) No 37° 13~ 38" Wo-790o57 feet; thence along other land of the petitioner herein on the direct extensien southwesterly of said northwesterly line of School House Road, No 52° 55 ~ 20" Eo--167o39 feet to the point of beginning. 2o By changing from "A" Residential and Agricultural D~strict to "B--2" Business District the following described property: Ail 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: BEGINN~ at a concrete monument set on the southerly corner of line of Main land of Long Road~ at the northeasterly Island Ice and Fuel Corp. -3- thence and running/~e~e-along said line of Main Road North 52° 02' 10" East, 717.20 feet to a concrete monument and land of Frank Murphy; thence along said land of Murphy south 21° 04' 50" East 513.03 feet to a concrete monument set on thenortherly line of Old Main Road; thence along said line of Old Main Road~ two courses as follows: (1) south 56° 57' 20" West 28o88 feet; thence (2) south 84° 42' 10" West 288o 26 feet to an iron pipe and land of Frank Nawrocki; thence along said land of Nawrocki, three courses as follows: North 9° 59' 10" West, 268.88 feet to an iron pipe; thence (2) S. 52: 13' 40" West, 191o 51 feet to an iron p~e~ pipe; thence (3) south 16° 26' 40" East, 168.34 feet to a concrete post set on the northerly line of Old Main Road; thence along said line of Old Main Road South 88~ 34' 50" west 246.14 feet to a concrete monument and said la~d of Long Island Ice and Fuel Corp. ~ thence along said land north 23 90' 50" West, 108.53 feet to the point of beginning, containing 4o269 acres° 3. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: Ail that certain tract or parcel of land situated at Arshamomaque, in the Town of Southold, Suffolk County~ New York, and more particularly bounded and described as follows: -4- BEGINNING at a monument on the northerly line of the Middle Road at the southeasterly corner of land of Jack Levin and Irving Levin and the southwesterly corner of land of ~ Sarah Ro Feeney and Katherine M. Feeney; from said point of beginning running along said northerly line of the Middle Road, N. 62° 00' E.-270.0 feet to a monument; thence along said land of Feeney~ N. 28° 00' W.-360 feet, more or less to ordinary high water mark of Long Island Sou~t~; thence southwesterly along said high water mark, 295 feet, more or less to said land of Levin; thence along said land, S. 28° 00' E.-230.0 feet, more or less, to the point of beginning, containing 1 3/4 acres, more or lesso 4. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: Ail 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 where the westerly line of Wickham Avenue is intersected by the Ordinary high water mark of Mattituck Creek, said point being S. 28° 48' 40" E.-130 feet, more or less, southerly from a conrete monument, marking the northerly extremity of said westerly line of Wickham Av~ue which runs S. 28° 48' 40" E.-running thence westerly and southwesterly along high wate+ark -5- of Mattituck Creek to a point~ the tie line~ from said point to a point on the westerly line of Wickham Avenue 90 feet S. 28° 48 ~ 40" E.-from said monument above mentioned, being 69° 28' 10" W.- 479.16 feet; thence along said ordinary ghigh water mark of Mattituck Creek southwesterly and o northwesterly to apoint, the tie line being S. 63 23' 00" W.-300.79 feet; thence northwesterly along ordinary high water mark of Mattituck Creek to a point, the tie line being N. 15° 19' 40" W.- 393o76 feet; thence ~e~~we northeasterly along ordinary high water mark cf Mattituck Creek to a point the tie line being No 34: 48' 40" E.-412o04 feet; thence along other land of the said Baker a~d Van Buren, the following two courses and distances as follows: (1) S. 58° 36' 10" E.- 245.0 feet; thence (2) N. 65° 05 ~ 40" E.-215.03 feet tothe westerly line of Wickham Avenue; thence along the westerly line of Wickham Avenue two courses and distances as f~llows: (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 beg inning° 5. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: Ail that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: -6- BEGINNING at an iron pipe set on the south- westerly corner of Silvermere Road, where said road changes in direction from an easterly land westerly course to a northerly and southerly course;running thence south 1 degree 24 minutes 40 seconds West along the westerly line of Silver- mere Road 238 feet, more or less to the ordinary high water mark of Pipes Cove; running thence westerly along said high water mark of 158 feet more or less~ to land now or formerly of Sieger; thence north 3 degrees 45 minutes east along said last mentioned land 270 feet, more or less to an iron pipe set in the southerly line of Silvermere Road; and thence south 80 degrees 55 minutes east along the southerly line of Silvermere Road 14 9.66 feet to the point or place of beginning° , DATED: JUNE 25~ 1965 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT Wo RICHMOND, TOWN CLERK PLEAS~ PUBLISH ONCE, JULY 9, ~965, AND FORWARD TWELVE (12) AFFIDAVITS OF PUBLICATION IMMEDIATELY TO THE TOWN CLERK, MAIN ROAD~ SOUTHoLD, NEW YORK° Copies mailed to the following on June 28, 1965: The The Jack Della Chew John R. McNulty, Will lam Wickham, Thomas Jurczenia Otto Van Tuyl Suffolk Times Long Island Traveler-Mattituck & Irving Lev in Esq. Esq. Watchman MINUTES SOUTHOLD TOWN BOARD May 20~ 1965 Present: SUPERVISOR LESTER M. ALBERTSON COUNCILMAN HOWARD VALENTINE COUNCILMAN LOUIS DEMEREST JUSTICE RALPH TUTHILL JUSTICE HENRY CLARK TOWN CLERK ALBERT W. RICHMOND TOWN ATTORNEY ROBERT W. TASK]ER JACK & IRVING LEV~N WILLIAM WICKHAM -2- SUPERVISOR ALBERTSON: I will open the hearing by reading the legal notice. "LEGAL NO,kICk, Notice of He~ing on proposalsto amend zoning ordnance. "Pursuant to Section 265 of the Town Law and Article 3_X 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 20~h day of May, 1965, at 7:30 0*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 "A" Residential and Agricultural District to "B" Business District the following described property: "All that certain tract or parcel of land situated at Arshamomaque, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning At a monument on thenortherly line of Middle Road at the southeasterly corner of land of Jack Levin and Irving Levin and the southwesterly corner of land of Sarah R. Feeney and Katherine M. Feeney; from said point of beginning running along said northerly line of the Middle Road, N. 62e 00' ence ~e~e-along said land of Feeney, N. less, to ordinary high water mark of Long Island Sound; westerly along said high water mark, 295 feet, more or E.-270.0 feet to a monument; 28' 007 W.-360.0 feet, more or thence south- less to said land of Levin; thence along said land, S. 28e 00~ E.-230 feet~ mo~e or less, to the point of beginning~ containing 1 -3/4 acres, more or less. "Any person desiring to be heard on the pmoposed amendments should appear at the time and place above specified. -3- "DATED: APRIL 27, 1965, BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICHMOND~ TOWN CLERK." SUPERVISOR ALBERTSON: There is an affidavit in the file indicating publication was made of said legal notice. I will now read the recommendation of the Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held on April 6, 1965: "In the matter of the p~tition of Jack and Irving Levin, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located at Greenport, in the Town of Southold, Suffolk County~ New York, and more particularly bounded and described as follows: (legal description was not read again) "It is hereby RESOLVED that the Planning Board favorably recommends to the Town Board the change of ~ne from "A" Residential and Agricultural District to "B" Business District on the property of Jack & Irving Levin as described above. "~is change is part of the overall plan to continue the Business District for the use of a motel and other uses in connection with the motel. "Respectfully submitted, /s/ John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: At this time is there anyone present who._ wishes to be heard in favor Lof this change of zone? JACK LEVIN: Well, this property is east of our present property, and we want to continue along the same line of business. This won't harm any of our neighbors. We own the property aeee~ across the To the east of this is the property of Feeney and she is street. selling. SUPERVISOR ALBERTSON: Anyone else wish this change of zone? (There was no response°) to be heard in favor of -4- SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition to this change of zone? (There was no response. ) SUPERVISOR ALBERTSON: Anyone wish to be heard on way or the other? (There was no response.) SUPERVISOR ALBERTSON: Hearing,none, I will close this hearing for the further deliberation of the Board. *** SUPERVISOR ALBERTSON: I will now read the description of the second piece of property that we are concerned with tonight. "2. By changing from "A" Residential and Agricultural District to "C" Industrial District the following described property: "All that certain tract or parcel of land situated at Cutchogue in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "north by Middle Road, east by Moore, south by Long Island Railroad, west by Tuthill, containing approximately 18 acres, more or less. "Any person desiring to be heard on the proposed amendment ~e should appear at the time and place aebv above specified. "Dated: April 27, 1965, BY ORDER OF THE SOUTHOLD TOWN__~K~f BOARD, ALBERT W. RICHMOND, TOWN CLEkK." SUPERVISOR ALBERTSON: There is an affidavit in the file indicating that publication was made of said legal notice. I will now read the recommendation of the Planning Bp~Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a special meeting held on February 3, 1965: "in the matter of the petition of William Wickham for a change of zone from "A" Residential and Agricultural District to "C" Industrial -5- District on certain real property located in Cutchogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: (legal description not read again) "This is X parcel II on the original petition Of Mr. William Wickham, submitted to the Board June, 1959. Mr. Wickham has been more than cooperative in this matter and we feel that the time has come for this to be given some consideration for change. "It is hereby RESOLVED that the Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural ~strict to"C" Industrial District the property of William Wickham as described above. "Respectfully submitted /s/ John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: At this time is there anyone present who wishes to be heard in favor of this petition? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard in opposition to this application? (There~as no response.~ SUPERVISOR ALBERTSON: Anyone present wihh to be heard one way or the other on this application? (There was no response.) SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at this time for the further deliberation of the Board. PUrSuant to Section 265 of the Town l~w and Article IX of .the ~ Zone Ordinance of the Town of South- old, .IBuffoll~ Cmxnty, New York,. public hesr~ will be held by the Southold Town'~ at the Office of the super- vtsor, 1~ South Street, Oreenport, ~ew 'York, in said town on~ the 20th day of May 1965, at ~'~0 .o~lock in .the evening of said chtlr, on the following prcama~...~ to' amend the But~_~,~_ Zone ~, (mciu~ the ,a~icUnS IlU ..... i ......Ill ~ ~. I I _ I I Zone. ' Maps) ,' of the Town of" Southold, Suffolk County, New York. ' 1: By :chanffmg from "A" R~dential and Agri~al District io '~B" Busi- ness District; the ·following described .~operty' ' All that certain tract or parcel of land situated at Arshamomaque, in 'the' Town of Southold, Suffolk C,m~ty, New, York, and more pa. rti- cularly .bounded and described as follows: Beginning at a mq~nument on the northerly line of the Middle P, oad at the southeasterly corner of land 'of ,Tack Levin. and' ;Irving Levin and the southwesterly corner of land of Sarah 1~ Feeney and Katherine M. Feeney' from said point of '.beginning running along said north- erly Ii.ne of the Middle .Road, BI. 62° 00' E.m2?0.0 feet. to'a monument; thence along said land-of Peeney, BT.. 28° 00' W.--360 feet, more or less, to ordinary high water mark of .-long Island Sound; thence sOuthwesterly along said high'water .mark, 295 feet, more or leas, to said land of Levin; thence along .said la~d, 8. 28° 00' E.m230 feet, more or leas, to the .point of beginning, containing 1-% acres, more or less. 2. By changing from "A" Residential and Agricultural DiStrict to "C" Indus- trial District the following described propertF: All that. certain tract or parcel of land situated ~t Cutchogue, in the Town of Southold, Suffolk Countv, lqe~m York, and more .pa~icularlly bounded and' described as follows' North by Middle Road, east by Moore, south by L~._~ Island Raft- road, and' west by Tuthill, c°~tain- .ir~ approximately I8 acres, more or ..Any person .d.esiztng to be heard on the px~posed tmendments should ap- pear at the time and place above spec- DATED':. April 2T. 1965. BY 'ORDER OF THE $OU'I~OLD AL~Sl~.T-W. P'ZC~O~, · 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 a:nnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .... ~. ~~'...~../.~....:.. weeks successively, commencing on the ................~-... ~' ee.eeeeeeeeeeeeee d a y o f ...... ' '--~'~' ~~'~ 'Yt ...... , .~ 9~.'....~-- eeeeeeeeeeeeeee~eee® Sworn to before me this ........ ...~....... ~_~~y of ...... ..... . ADEL£ PAYNE Notary f'ubtic, State of New Yore Res~Jin~ in Suffolk County No. 52-3041000 '~'nmmlss:on Expires March 30: 1Dg '7' ' ~OT!OE OF ~G ON ~ Z~N~N.G ~IN~CE ~nt ~. ~tion 2~ of ~e. T~ ~w ~ ~t~.le ~ ~' Ord~e · ~;. N~ York, ~~ ~rd a~ ~e ~flce of .~e ~~r- ~~ 1~ ~uth str~ G New. York, ~ ~d Town on the ~ ~y ~ ~,. 1~, at ~:~0 ~e '(~ t~ B~~ ~ne ~fo~ ~ty, New YorK: · 1. ~ ~ fr~'~'' ~~ ~ ~~u~l .D~rict ~~ t~ or 'P~- '~~, ~ ,~ To~ of: , S~fetK ~u. nty, New ~~ ~d d~~ ~ ~1- ~:. '~ ~t a m~um~t on -~e ~~r~ ~e of the ~d-' ~. ~ ~ the ~u~~rly; ~~ ~f ~ of J~ ~n ~~ly corner"of 'R. ~y ~ ~th~e ,M.f f~ ~d polh~ of be-' ~~~ly ~ of ,the ~dle . .~ f~, ~e or 1~, ~ ord~~ ~~ w~r ~k of ~~ ~nd ~; ~~e ~t~~rly ~ng ~d ~.gh w~r ~rk, ~5 .f~t, ~e or ~ ~ld ~, S. ~ ~' E.-.~O' f~, . ~e or 1,~, ~ the ~t.,-~ ~e ~ 1~. d~~ ~ ~~,~~ n~c~ ~1 ~t ~~ t~ Or ~el ~. 1~ ~~ ~ Ou~~e, ~ ~e T~ 0f ~~ld, S~- ~ ~.~y, N~ Y~k, · ~.th ,by ~~e ~, e~ by ~g ~~ly 18. ~~, ~ or le~. ~.~ .~ ~ ~~~en~ ~~d.: ~r ~t ~'~'~e and DA~ ~prU 2~, 1~ O~ OF STATE OF NEW YORK', ] ~ SS' COUNTY OF SUFFOLK, ~ says that .... ~_...~...fl is Printer and Publisher of the SU~'~'~ 0LK TIMES, a newspaper published at Greenport, in said county; ~nd 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~ successively commencing on the .......... ~~ ............... ............_ .............................. ......... .... ~ ........................ ~ ~,~.~. .... ~ Sworn to before"me"thiS'-" '~'""~.~.~: ...... ~, day of ............ ~ ................ 19~._~ CORNELIA C. KEOGH NOTARY PU~3LlC, Stzte of NeW York No. _.2.~:~93890 Qualified in Suffolk County Term Expires March 30, 196~ Purmumnt ~o 8eetAon 26S of tho Torn LmM nd Art~cleZX ', of t2d Bu~l.dJd~ ~Lone OrdJ3unee of the Tarn of Sou~hold, Su£fo County, mmv Yor~, publ~ .h~a~nga vLll be ~hel~d ~ ~IM. $ou~l~l Torn Bomrd at t~m offLee of ~he lt'upe..rv~, 16 South 965, a~ 7s 30 o* clocX Ln the fo%XouJ~g propoo&Lo ~o mmond t3~ BuL~dLug- ~ Ord.%nM, 'the hJ.3.d%ng W NApt), of ~e Ta~'n of Bout. hold, SuffoX~ County, lev .York. %. By ehmngLug fram 'A' mostdon~ A~%% tJ~ll't c:ez~mLu Lrmct or MtL~'~O% Of 3Jnd SuffoXk County, b York, mhd more boundod and dm~rLb, md afro fo%%eMs~ Jeg%nn~ at a monument on the not.fly lLne of ~he N~~e Romd at the wouthommtmr%_.¥ ~0rnez of Xmnd of JmCk Lev Ln corner of land of 8ermh R. Iroe~ mud .l~thor~ m4~ romne¥~ from omid poLut of' beg~~ runn,t~ along ea.:Ld northez~¥ %%ne of the i~ddle Road, BI. 62" 00' :B.-270.0 feet to a mommuont; along eaJ,,d land oL' f~, Ilo 28" 00' W o- 360 feet, more or leas, ~ Ord_~_~_*-~ h%gh vm~m.r umrk of Long %a~mud 8ouudr t~mnee l~m, to .mm,id lm~d of -Lfev'Lu~ thene~ m.lon~-Im;Ld lfo~lee Page -2- land~ fl. 28 e 00* 'lt. -Z30 feo~0 more or bas ~ t,o the poXnt of beg~~, ~.ta~Ang 1-3/4 ~reo, 2. By ~hlngXl~ from "A" lol:LMt~ and Agrl-~l~al lxroperk:Ft All thtt alrtl.LIt t~ or pireel Of iln. d ilXtulto~ lit Cu~, bi ~ Tam of So~hoXdo lufffoik County, Blew York, and more pnrtL=ularX¥' beMnded and doscrXbed ts foXXouo. Jo~ ...by ~tddle Bond, mt by .aoore, south by m.~-,---~-oxJ, la .te.].- ~- 3.0 ae~s. more er loll. Any poroon doo~~ t,o 'bo heard on the. i~-~F~~~d mmm~~ the Zlmo and place above DA~, April 27, ~_~~,n iqjiLXiIIi ~, MAY 7, 196.S, AiD Ft/#A/D ]~ZVB (S) AFFXI3dkVITS Ci~ ~_Tr~.AT;Itt]i1 ~:LiIk~Y TO THB TOW/ c_ ~lm_:r, copLoa-mai.ted to the FoXXoving on .AprlX -28, 1965. The SuffoLk T bae-.~ ~ & Lrvtng LevAn #LXlXam V~,d,k---, BOq. Southold Town Planning Board -qOUTHOLD, L. I., N. Y. PLANNING BOARD Alfred Report to: $outhold Town Board 16 South Street Greenport, New York April 13, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held on April 6, 1965: In the matter of the petition of Jack and Irving Levin, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located at Greenport in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a monument on the northerly line of the Middle Road at the southeasterly corner of land of Jack Levin and Irving Levin and the southwesterly corner of land of Sarah R. Feeney and Katherine M. Feeney; from said point of beginning running along said northerly line of the Middle Road, N. 62° 00' E.-270.0 feet to a monument; thence along said land of Feeney, N. ~8° 00' W.-360 feet, more or less, to ordinary high water mark of Long Island Sound; thence southwesterly along said high water mark 295 feet, more or less, to said land of Levin; thence along said land, S. 28° 00' E.-230.0 feet, more or less, to the point of beginning, containing 1 3/4 acres, more or less. Zt is hereby RESOLVED that the Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Jack and Irving Levin as described above. -2- This change is part of the overall plan to continue the Business District for the use of the motel and other uses in connection with the motel. Respectfully submitted, John Wickham, Chairman Southold Town Planning Board bd ERK SI3UTHI3LD, L. I., N. Y. April 7, 1965 Mr. John wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. wickham; The original petition of Jack and Irving Levin, Greenport, N.Y. relative to change of zone from "A" Residential and Agricult- ural District to "B" Business District on certain property situated in Arshamomaque, Mew 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 reco~z~endation of your Board. AWR/ Very truly yo~ Albert W. Richmond Town Clerk STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMEiNT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: We, Jack Levin and ~ Ir.y..~,ag...L~win ......... residing at Sound Wow .A.'.ve., Southold, and (insert name of petitioner) Manor Plac e, (~-reenport, respectively~ Suffolk County, New York, the undersigned, am the owr, er oI certain real property situated at I4iddle Road, .-~.~.~..a.~ck~.~ ........................... and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, ~tith tho b~ilding£s and improvements thereon erected, situate, lying% and being near Groenport, Town of Oouthold, County of Suffolk and State of *,ow York, bounded and described as follows: ~eginr~ing at a monument on the northerly line of the ~-~iddle Road at the southeasterly corner of land of ~ack Levfn and irving Levin and the southwesterly corner of land of Sarah i~. Pooney and katherine i,~. Feenoy; from said point of beginning rtmni~_g along said north~rly line of the ~.~iddle Road, N. 62° 00' E. - 270.0 feet to a ~onument; thence along said land of Feeney, N. 28° 00' W. 360 feet, more or less, to ordinary high water mark of Long Island Sound; thence southwesterly along said high water mark, 29~ feet, more or less, to said land of Levin; t.henco along said land, S. 28° 00' E. - 230 foot, more or loss, to the poznt of be- ginning. Containing i 3/4 acres, more or less. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, as follows: to change the zoning classification of the above described property and to change the Zoning ~ap accordingly from "A" Residential and Agricultural to "B" 5usiness. 3. Such request is made for the following reasons' petitioners recently acquired the property above described from Sa'rah R. Feoney and Katherine ii. Feeney, the owners of property adjoining on the East. Petitioners' other property adjoining the a~,ove described parcel on the ~iest, having a road frontage of 83~ feet, as well as the p~rcel containing the Soundviow Restaurant, are all zoned Business as is other property of petitioners adjoining tho ?coney premises on the EaSt and having a road frontage of 360 foot. '~'ho ~arcels on the North side of i~iddle Road at this location, except for the Feeney parcel, are, as stated, all zoned ousir~ss. Petitioners are the owners of the properties facing the above described parcel on tho South side of Middle Road, commencing 250 feet, more or less, i{ost of Chapel Lane. and running in a westerly direction for a distance of 1,960 foot to the land formerly of Sledjeski, opposite the Soundview Restaurant. The written consent of Saraa H. Foonoy and. i,_atherine m. Feeney, petitioners' grantors, to the proposed cb. smge of zone is annexed hereto. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) JACk LEVIE and ......... ~.R...V...!.~...L..~X./.~:~ ......................................... BEING DULY SWORN, depose/and say, that ~th.ey. lare ..... they have ~ ~ne penuonersm the within action; that ~ read [he foregoing Petition and know~ ~he contents thereof; that the same is true to ~) own knowledge, except as to the mat- ters ~herein stated to be alleged on information and belief, and that as to those matters ~ey be]ieve~ it to be true. Sworn to before me this ../.~..... day of We, the undersigned, boin~ the owners of the ~arcel adjoining the promises descriood in tho encloscd petition for a chanEe of zone on the East, consent to tho relief p~ayed fo~ in such petition and consent to a change of Zoning classification for tho parcel in question fmom "A" Residential to "B" Ousiness. ~TA _~ OF N~, YO?%';- ) OOCNT~f OFob~," ~ Oh[,;. ) SS: On this ~ day of l~,arch, 1965, b~foro mo personally ''~"~ -.~,~ $O mO known to camo SASH fl. F~..~Y ~d t~THER~fE M. i~' ~ bo the ~dlvlduals described in ~d who execut,~d tho cons~t, and they acknowledged bo me t~t they executed the same. pond" 270.0 / , I !, / ! / / / ·