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HomeMy WebLinkAboutGada, John A. Amend #70 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ......... ~'~IIII~..~..,...~,IMI~ .......................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Mops made a port thereof by chang- ing from .....~,?..~l~..&.J~'~,~, District to .....~.i~,...~...~II~LI~JIIIII ...... 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 duty held by the Town Board on the ........ ?.~,~.....day of ....... ~IL~ ................... , 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 ~lt, edo By Order o£ the lout.ho'id 'frotfn Beard. Mt. edt Oatober 4, ].NS. ~_~ff~ff~%~ ~J of OctObeZ' 14, %96S. '~TATE OF NEW YORK) i COUNTY OF SUFFOLK) SS~ of Southold, New age of twenty-one 196.__~, he affixed true copy, in public place in to wit~- ALBERT W. RICHMOND, of Southold, New York, Town York, be lng duly swot n, ye ar s; th at a notice of on the which t~ '~ says that he is over the annexed printed notice a proper and substantial manner, in a most the Town of Southold, Suffolk County, New Yor k, .Town C! .erk. Bulletin, ................. ; Sworn t o be~or e me ...... /;i~.? Notary Public .~ -' ..... "------ ' ".,'""N" NOTARY PU[~L.[p-.. ,.,, S[a[e o,,' ;',~'.,v, York No. 52-2,233120 Sul:[oik Country Term Expires March 30, OF Z~O~G ORDII~ANCE NOTICE IS HEP~BY GIVEN .. · C, D. E. and ~. on a certain map entitled "plan of'property on Fishers ]~~, New York, for- me~rly owned by Mrs. Marth, a E, ~.fert, now belonging to Southold 'Savings Bank, J, uly that af. ter a ~ubllc ,hearir~g held 1914f' and .filed in the office of l~ursuant to tl~e requirements of the clerk of the County of Suf- law, the Building Zone Oriltnance' ~olk on January 2, 1915 as map (including the Building Zone Map) · ,No. 24~.. of the Town of Sou~old, Suffolk' Date~ Se~~r 21, 1965 County, l~ew York, was dulY. BY order ~f the Southold Town amended at a' regular meeting of the Southold ~own-~ held on September 21, I965 '-a~ follows:- 1. By changing from "A" Resi- dential and Agricult~al District to "B-2" Bths/. ness'Distrlc.t the fol- lowing desc~ property- - -~,;..that cert~n plot, piece or parcel of land, with the ings and tm~oveme~e~liereon ! erected, sltuate~ tyYng and being at MattitUCk, Town of Southold, Suffolk County, New York, known and .designated as Lots 1 and 2 on the "Sttbdlvlsion Map, Sect/on. One, .,~ property of George I. Tuthtll and others"~ filed in the · Su, ffolk '"County Clerk's Office .on January 15, -.~Lq29_. as~___M_.~p No. 861. 2. By cl~ang.lng from "A" resi- dential and agricultural Dtstrtct,~ to "M.. I " M~i.t~le .Residence' District the following describedi All those eer~.'.., h!0~, ~ec~ or .parce~ of lar~ .~t~e, lying and ,being on Fishers Island, T~wn of So~thold, County of Suffolk, and State of New York, known :and designated as lots, i Board' Albert W. Pdchmond, Town Clerk. i · · , . ltO1 · . .. I ~ ss: · ~'.~?'.'~.... being duly Sworn, nter and Publisher' of ~he SUFFOLK paper .published =t Greenport, in said c~, ,of which the ~nne~ced is ~ printed ~ in t'he :sa.id .Suffolk Weekly Times once in each week, for .......... ~.. ........... week~ successively commencing on the ...~.~ ............... dasr,of ... . ~~.~.~[.__ .~lg~z~~.~ f:~,~ ." .... ~~~ ~.~.~~~ ...... S~r'n to ~fore me this . .~~.~... ~ / ................. , . ~. ........... ~?.~'~' .'~, ~ .~2~ ...... of sorting ordAnance 2~ By changkuq frem 'A" mAds, at~ and agrl~ultural Dkotr:Lct to '~-1 = NultLple u..,----- --_._-_-=_=_~. DlatrJ~~ the follovLng d~m~rLh AXX thorne cmrta.Xn lota, petmmw-or pmr~.lm of laud m ltumtm XyAng amd bmtng om r~_~_*m ~__-!_--~_d~ T~mu of Southold County of Suffolk, and State of b York, knoun and doaXgnat u 1ora "C" "D" "Z" &nd "'F" of p~~ on r t a hera Zaland, ilar York, ~u~" ~--~-_rly ewnod by Mrs, Nmrthm /. Hoffort, noM bol.onglng to Oouthold Savings Bank, JUAy 1914" m~ fixed tn the office-of the clerk of the County of 8uffokk on January 2, 1911 am map Mo. 242. By or68r of Tho southold Touu Board A/bert W. R~d, ~'~ Clerk. of 30, 1965. &nd Toun Clerk. forv/~d .lB TOWN BOARD MIN-0TES September 7, 1965 Present: SUPERVISOR LESTER M. ALBERTSON JUSTICE RALPH TUTHILL JUSTICE HENRY CLARK COUNCILMAN LOUIS DEMAREST COUNCIF~%N HOWARD C. VALENTINE TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND CHANGE OF ZONE - JAMES J. OLSEN -2- The Town Supervisor, LESTER M. ALBERTSON, opened the hear- ing by reading the legal notice as published in the official newspaper, and a description of the land involved. Mr. ALBERTSON also read the recommendation of the Town Planning Board, dated July 21, 1965. SUPERVISOR ALBERTSON: heard in MR. Is there anyone who wishes to be favor of this change? JAMES J. OLSEN: · now have a real estate office there by Special Exception and Lot ~1, at the present time, is resi- dential, but I need this to combine into one parcel of property and to do this I need a "B-2." I need additional office space and I need it bad. That is about all I have to say. SUPERVISOR ALBERTSON: Anyone else in favor of it? (There was no response.) SUPERVISOR ALBERTSON: Anyone in opposition to it? (The~-e was no response. ) SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the other? (There was no response. SUPERVISOR ALBERTSON: far as this application is of the Board. The Supervisor read a letter from Mr. CLAYTON CLARK saying that he had withdrawn his application for hearing. If not, we will close the hearing as concerned for the further deliberation LEC~AL NOTICE, NOTIi~E OF ~G ~ ZONINGr ORDINANCE P~ant W ~tlon 265 of the Town ~w and Article ~ of the ~lding Zone Ord~ce of the · ~wn ~ ~old, Suffolk Co~- ~y, New York, public hea~ngs will ~ held by the ~u~old Town ~rd at the Office of the S~er- 'v~r, 16 ~uth Street, ~reen~r~, New Y~rk, in said ~ en the 7~ ~y 0f '~p~mber, 1965, 7;~ o'clock in the evening ~f ~id day, 0n ,the foB~wl~ prop~s ~] amend the Bu~d~g Zone ~dln- a~ce (includl~ the Buildi~ Zone M~) of the ~own of Sou~old. S~ffo~ Catty, New York. follo~g d~ri~d pro~e~7: lngs a~d ~ro~men~ ~e~[ ~on ~e, of pro~y of ~orge L ~t~B a~ others" ffl~ In; the S~fo~ Cl~k's ~ftce on Jan~ 15 denM~ and ~rlc~t~al District ~ that cer~n plot, piece or parcel or land, wl~ the build- ~gs a~ ~rovemenM thereon ~t Pe~c, ~own of ~thold, ~nty of Suffolk and S~ of N~ Y~k ~d ~lng ~re ~- ticu~ly ~d~ and d~cr~d ~ renews: ~G at a monment t~ no. hotly ~ of Nor~ R~d mar~ ~e dlv~l~ of land of C~a~n H. ~d ~ .~ Clarke, a~ ~e ~ty of Suffolk~ R~ ~ence no~h 45~ 3~' ~" W. ~ong ~id division line a d~nce of ~ f~t; Run~ng thence through l~d of Clay~n ~. Clarke and ~e M. Clarke ~uth ~ 27' ~" W. a d~tance: ~f ~.~ f~t more or le~ land now or formerly of Laura ~nd Ke~e~ C~e; Running ~ence along said las~ mention- ed 1~ ~th 47° 10' 00" E. a to lan~ now ~ formerly of ~l- ~ld last mentioned land two t courts ~ fo~ow~: 1. North 51° 58' ~' E. a dis~nce of 16.20~ f~t. 2. ~uth ~o 03' 00" E. a: distance of 1~ feet ~ a monu- ment on ~e s~d northerly line of No~h ~ad; E~ning thence ,along ~e said no.hotly line of t~ No~ R~d no~h 59" 27' 30" E. a d~ce of 445.~ to ~e monment at the po~t ~y ~r~n debug ~ be heard on the prop~ed amendmen~ 'sho~d ap~ar at the t~e ~d ~T N. ~C~OND, COUNTY OF SUFFOLR, I l' SSl STATE OF NEW YORK, ,I ....~.',..~.-.c~..~.~. ~,~.~.~-.~.~. ,~..~C~'~ .... being duly Sworn, says that . .~'.~ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenpert, in said county; and I~hat the notice, ,of which the annexed is a printed copy, has been published in the eaid Suffolk Weekly/ Times a.nce in each week, fo'r . . ~. ~, ..~-~. ...... week~ successiwiy commencing on the ~.~. ~'.~.~.~ d~ of ...~-~~ .... 19.~' :~ 0 ......... day of ...~.~t .... 19~ ~ ON pROPOSAL TO AM~VD ZONING ORD-L~rANOE P~rsuant to Section ~ of the; Town ~w and Article ~ of the ~ding Zone ~ce of ~e · ~wn oI ~old, Suffolk Cow- ry, ~ew York, p~b~c hennas wllU~ ~eId by ~e Sou~old Town ~ard at the Offlge ~f the S~er- v~r, 16 ~uth Street, ~reen~rt, New Y~k, tn s~d'~ on the 7th ~Y of ~p~m~r, 1~5, 7:~ o'cl~k In the evening of said day, on .the fol~wl~ prop~als to. a~ tko Bufl~E Zone ~din- ~ce (includi~ the Buildi~ Zone[ M~) of the ~n 9~ .~u~old, ' S~to~ Co~ty, New ~ork. 1. ~y cha~nE ~m "A" ~s- [Identl~ ~d A~ic~ura ~trict 'W '~r' B~ ~strict the f011o~g de~r~d pro~e~y: .'~'-~t ~n p~t, piece ~el of ~nd, wi~ ~e build- ings ~d i~rovemen~ ~e~n er~, situa~, lying ~d ~1~ at ~ttit~k, T~wn of ~old ~ffolk Co~ty, New ~ York ~o~d d~ ~ 1 ~d 2 ~ the "Su~v~n Map, ~on ~e, of pro~y of ~o~e I. ~1 a~ others" ~ In the S~fo~ Clerk's Office on Jan~ 15, 1~ ~ ~p No. ~1. 2. By c~ from "A" den~ and ~ric~t~al District . ~ "~" Bu~ ~t~ct the ~o1~ l~ng d~l~ pro~y: ~ that cer~n plot, ~ece or ~cel or land, wl~ the build- ~s and ~rovemen~ ~er~n er~, sit~a~, lying ~d ~Ing ~t Pe~c, ~own ~f ~uth~d, ~ty of Suffolk a~ S~te of N~ Y~k ~ ~lng more ~r- ~ly ~d~ and d~cr~d ~ fo~ows: ~NG at a mon~ent on ~ ~erly H~ of Nor~ R~d m~ ~e divlsi~ of land of Ch~n H. and ~e M. Clarke, a~ ~e ~ty of Suffolk~ ~ ~ence north ~o 37' ~" W. ~ ~d di~on lln~ a ~nce of 2~f~t; Rum~ng thence ~ough land of ClayWn H. ~arke and ~e M. Clarke ~th 59~ 27' ~" W. a dist~ce of ~.~ f~t mo~ ~ le~ to land now or formerly of ~ura and Ke~e~ C~e; Ruing ~en~ along said Mst mention- ed 1~ ~th 47* 10' 00" E. a ~ce of i~ f~t more or less to land ~w ~ formerly of Bel- ial; ~ ~en~ along ~d last men~oned land ~wo coups ~ foll~s: 1~ North 51~ ~' ~" E. a ~s~nce af 1620' f~t. 2. ~uth ~ 03' 00" E. a die,ce of 1~ f~t to a monu- ment on ~e ~d horsefly line of No~ ~; E~nlng thence ~ong ~e s~d n~therly line of ~ No~ R~d no~h 59~ 27' 36" E. a dis~ce of 445.~ f~t to ~e monment at the of~G. ~y per~ de~ ~ ~ heard on ~e propped amendmenM ~ho~d ~ar at ~e t~e and place .a~ve ~ifi~. ~: Aught 17, 1~5. BY ~ OF ~ SO~O~ ~ ~T N. R~OND, ~ Cr,m~. 1~u26 COUNTY OF SUFFOLI~, ) ~ ss: STATE OF NEW YORK, l s~s that ~~ is Printer ~d Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Greenport, in s~d county~ and ~hat the noti~, ~of which the ~nnexed is ~ print~ ~py. has been published in the said Suffolk W~k~y Times once in e~ch week, for ......... ~.~ ............ w~ PROPOSAL TO A1HEND ZONgNG ORDINANCE lmw and Article IX of the Building Zone Ordinance of the Towl~ of South- lng proposals to arnend the Building parcel nf land. with the buildings "$t~bdiviqJOll Map, Section One, of others" filed in the Suffolk County Clerk's Office on Jtmuary 19. 1929 as M~.p No. 891. Business District the following describ- ed property: parcel of land. with the buildings and hnprovements thereon erected, situate, lying and being at Peeonic, folk and the State of New York BEGINNING at a monument on the northerly line of North ~oad marking the division of land of Clayton H. and Rose M. Clarke, and the County of Suffolk; Running thence north 45~ 37' 00" W. along l said div/sion line a distance of 2ool feet: Running thence through land. of Clayton H. Cl~,rke and Rose M. Clarke south 59° 27' a0" W. a dis- tance of 445.35 feet more or less to alon~ said last mentioned land south 47" 10' 00" E. ~ distance of 100 feet of Belinski; Rum-dng thence distance of 16.20 feet. 2. South 0a' 00" E. a ~istanee of f00 feet erly line of North Road: north 59 27' 30" E. a. dtstsnce of Any person desiring to be heard specified DATED: August 17. 1965. TOWN BOARD AhBERT W. RICHMOND, COUNTY OF SUFFOLK / STATE OF NL%V YORK~' ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ....... ~.~'.~...~...~./~.: week~ successively, commencing on the .......... .~....(~'.....~. ........... dayo ......... ..................... ....... Sworn to before me this ....... ~.~.~). ........ day of ,,'~ .......... Pur~ant to Sect l~ 265 o£ the To~n L4~ and J~~cXcle X~ of the l~!ldAn~" Zone OrdAAance o£ the ~own of $out~old, Suffolk county, ~ 'York, publ~ hearts ~Xll be held b~ the $outhold Board at '~,~e O££Xce of the Supervt~0 16 South Street, ;;~eeaport., ~e~ York, ~n saLd to~n on the 7th day o£ SeFUmb~, 1965, at 7s :JO o°clock ~ '.the-. evenXng o£ saXd clay, c~ the folZo~Xnq~ au~d~ z,mm N~4) of the ~ o£ Sou~.d, Suffolk Cmmty, D .Lo~~ to '*B-2" B Lnoss DXstrlct the ~oll~~ doocrLbed prop- ALL thBt eertaAn plot, pM or parcel of Xando with the h, u11~ a~d '-~ ...... '- at 14attiLa, Toun of SouthoXd, Suffolk York, kn~ and domlgrd~d am Lots I &nd 2 on the 'SubdlvLolon Map, SectLon One, o£ Pz~~y of George X. Tuthtll and others' filed in the Suffolk County Clerk* 8 Of£tce on Januar~ 15, 1929 2. ny ch g and Agr ~.Ztural Dl~t~-lct -to '~:B--2" Bustness Dlm~tct the foiling 6ms. Abed ALL that certmXn plot, pM or percel of l/nd, the buildings and Lu~r~~~t~ thez~ erected, wtth sOUthold, County of Suffolk and State ii. and ~ A.. Clarke, .and tho County of Suffolk~ north 45° 37' 00" W. along division line a dlse~ of 200 foet~ Running .t2moce through land of clayton and aooe )L CLurke wouth IS9° 27 ' 30" w. It. clarke dt3t3mce of 44S, 35 foet more or l®aa to %~j~d, now or ~.--.ar:Ly of Xdmr& and ~th Cawer 47° 10' 00" Il:. a distance, of :LO0 f~et .more or thence &lonq 8atd lust mtioued .land teo couroeo aa fol%o~,~. 1. North 51° $8" 00" B. & diotmm~ of 16,20 feot, 2. South 40° 03' 00" & distanee of lO0 foet to & ~%~t on the maLd northerly l~e of .orth Boadr thence along the $orth aomd north 59o27*. :JO" B, a al%stance of 445,35 :feet to the m0nmont at; the ]X),LUt Of An~ person demi.ring to be heard on ~ leOposed amendments Should mppeer mt the the and place &Oou mpee~f~ed~ August 3.7, X965. Roud, ~ld, Bo~ York. forward four (4) the. Tram Clerk, CopXea uaiXed .to the follow~ on Aug'u~t. 18, 1965, Xmland Travtltr-liat. tXtuck Wa~ ltdson, Bmq. Southold Town Planning Board ~FIUTHOLD. L. I., N. Y. PLANNING BOARD MEMBBRS Alfred ~rebe REPORT TO: Southold Town Board 16 South Street Greenport, New York July 21, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on July 20, 1965: In the matter of the petition of James J. Olsen for a change of zone from "A' Residential and Agricultural District to "B-2" Business District~ertain real property situated at Mattituck bounded and described as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, known and designated as Lots No. 1 and 2 on the "Subdivision Map, Section One, of property of George I. Tuthill and Others" filed in the Suffolk County Clerk's Office on January 15, 1929, as Map No. 861. IT 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-2" Business District on the property of James J. Olsen as described above. This property adjoins the applican%'s real estate office and the applicant proposes to use this property in connection with his real estate business. The Planning Board further recommends that the Town Board on their own motion change from "A" Residential and Agricultural District to "B-2~ Business District the remain~property over to Bray Avenue, which would include lots numbered three (3), four (4), and five (5), in the subdivision of G.I. Tuthill & Others. /bd Respectfully submitted, Jdfhn Wickham, ChairmafF-' Southold Town Planning Board I-I FFII ERK T(3WN [3LERK SOUTH[3LD, L. I., N. ¥. July 14, 1965 Mr. John Wick_ham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. wickham; The original petition of James Olsen of Greenport, N.Y. relative to change of zone from "A" Residential and Agric- ult~ral District to "B2"Business Dist- rict on certain property situated at Mattituck, 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 effected with the recommendation of your Board. AWR/mr Very truly yours~7 A. W. Richmond Town Clerk STATE OF NEW YORK TO\VN OF SOUTHOI,D IN THE MATTER OF THE PETITION OF FOR.\ CHANGE, MODIFICATION OR AMENDMENT OF THE BUII. DI:NG ZONE ORDI- N.\NCE OF TItE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NE\V YORK. PETITION' TO TI. fE TO\VN BOARD OF TIIE TOWN OF SOUTHOLD: llnsert name of petitioner) Suffolk Couuty, Nexv York, the undersigned, am the oxvner of certain real property situated at Mattttuck, Town of Southold, .~..1~...f.o.~.~...0.¢?.1,~..~...N~..Y.o.~.~. ..... and more particularly bounded aud described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, known and designated as Lots No. I and 2 on the ~Subdivision Map, Section One, of Property of George I. Tuthtll and others" filed in the Suffolk County Clerk's Office on January 15, 1929 as Map No. 861. 2. I do hereby petition the Town [;card of the Town of Southold to change, modify and amend the Building Zoue Ordinance ~,f the Town of Sonthokl. Suffolk County, New York, including the Buildlug Zone Maps heretofore made a part thereof, as follows: To change the zoning classification of the above premises from "A" Residential and Agricultmeal District to "B-2" Business District. Such request is made for the ~llowing reasons: A real estate office is presently operated on Lot No. by virtue of a Special Exception of the Zoning Board of &ppeals granted May Eg, 1981 which granted permission to change the non-conforming use to a different non-conforming use of a higher classification. Recently your petitioner purchased Lot No. 1 and proposes to use same in cormection with his real estate business. The premises are located on the outskirts of Mattituck and in close proxi~mity to business areas. The property opposite is zoned "B" Business and is devoted to a public garage, proposed candy factory, a brick yard and masonery material supply house, vegetable and lawn ornament store and a livery stable. Said property was originally ~n the ,~,t zone and was c~mnged to Other property to the east is in the "B" zone and devoted to a gas station and recently premises adjoining the gas station was changed from "~" to "B-Et' to facilitate the establishment of a nursing home. The subject premises are ideally situated for use as a real estate office and petitioner desires to use both lots in connection with his business and to be in full .... · ..... ....... STATE OF NExN YORK, COUNTY OF SUFFOLK, SS :-- JAMES J. OLSEN ............................................... BEING DUI.Y SWORN, deposes and says that he is the petitioner iu the within actiou; that he has read the foregoing Petition and kuows the contents thereof; that the same is true to his (her) own knowledg-e, except as to thc matters therein stated to be alleged ou information attd belief, and that as to those matters lie believes it to be true. WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by ....... ~.~...~..~ ................................................. requesting o change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a port thereof by chang- ing from ....~&~..,~ll...A..~;I,~.,District to ...~..~....lll~....~,...~...~.....i~...ll~llll~l~ District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...... .~..?.~....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 Diet. dm Oatab~ 4, Bffec~tJ.ve il o:~ Oat. char 14, LE,~AL NOTIOE C, D. E. and ~ on a certain map NOTICE OF .a,M~ entitled "plan ~f prope~y on OF Z~NG O~CE ~ers ~, N~ York, for-~ ~ ~~ ~ ~n m~ly own~ by ~. Ma~a E.~ ~ ss: ...... ~fe~, n~w ~longing ~ J N~ ~ ~y o~ ~,~thold ~vi~s Bank, J~ ~t &fter a public he~ held, 1914' and fll~ ~ ~ off~e of pursuant to the .requirements of l the clerk of the County of Suf- law, the Bulldlr~ Zone Ordinance;lolk on January 2, 1915 as map (including the Bulldl~ Zone Map) NO. 242. of the Town of Southold, Suffolk Dated September 21, 1965 County, ~Tew York, was duly By order Zf the Southold Town amended ~t a regular meeting of Board :, al which the annexed is ~ printed the E~uthold ~ Board held on I Albert V~. Richmond, Town Clerk. September ZI, 1965 as follows:- ltO1 in the s~id Suffolk Weekly Times 1. By changing f~om "A" Rem- _ dential and Ag~lcultt~ral District to "B-2" Buplness District the fol- ' ..................... weeks lowing described property: sUccessiV~l~ commencing on ~he . .-~.~..~. ~,.T. that certain plot, piece or d~ry o,.. ~.~. '~.~.~ ............... parcel of land, with the build- at Mattituck, Town of Seuthold, Sworn to before me thi ,. Suffolk County, New York, · known and i~mated as Lots ~ day of .. and 2 on the-"Subdivlsion Map, Section One, of property of . ' -:/C~ ~ ~, ~.~, George L Tuthlll and others": filed In the Suffolk County . .. . , Clerk's Office on January 15, dential and agrlenltural DistrictI to "M-I" Miflttple Residence. District the following property: All those certain lot~e~ or parcels of land at~, lying and ,l~tng on Plshers' Island, Tawn of So~thold, County of Suffolk, and S~ate of New York, known and designated as Iota ~+~-. -~.. being duly Sworn, ,ter and Fublisher ~f the SUFFOLK Uper published ~t Greenport, in said LEGAL NOTICE NOTICE OF ~AMENDMBNT OF ZONING OBDINANC~ AMENDMENT NO. ~ Notice is hereby given that after a public hearing held pursuant eto~e requirements of l~w the Bulldl~ Ordinance (including the building ~one map) of the Tovrn of Southold, Suf- folk County. New, york, w~s duly amended at a regular mceti~ of the Southold Town Board ~e~l on Sep- tember 21, 1965 ss follows: -- 1. ~y chan~dn~ from "A" residential and i~rtculturul d~strlct to ,"B-2" busi- neSS district the following described ~operty: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying ~nd being at Matti- tuck, Town of ~outhold, Suffolk Count~, New York, lmown and des- ignored as lots 1 and 2 on the "sub- division map, section one, of prop- erty of C. eorge L Tuthtll and others" filed in the Suffolk County Clerk's Office on January 15, 192~ as map NO. 861. 2. By changing from "A" residential and agricultural district to "M-I" Multiple l~estdence District the follow- ing described property: All those certain lots, pieces or parcels of land situate lying and bein~ on Fishers Island, Town CT Southold, County of Suffolk, and State of New, york, known and designate~ as lots "C", "D", '~" and "F" on a certain map entitled "plan of property on Fishers Isiar~d, New York, formerly owned by Mrs. Marttm E. Hoffert, now belonging to Southold Sa~ings Bank, July 1914" and filed in the office of the clerk of the County of Suffolh on 3an- uary 2, 1915 as map 1~o. 242. Dated ~eptember 21, 1965 By order of The Southold Town Board Albert W. t~lchmond, Town Clerk. COUNTY OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ...... successively, commencing on the ................ .~..f~. ................... ~...~v_~./.. ...... Sworn to before me this ..... /..Z'.'(.L./. ....... day of .... .~. ~.~,.. 4;:~ ............ , lg~..:...%... APELE PAYN~ x Notice of[ ammen.~t o£ sonLng ordinance lfotl~ ts hereby glvan that. a£~gr a public hea~~ng held pursuant to. the requLrementa of ~ the .Bu~.~q .Zone Ord~___na___nce (~nclu~g the' buXldLng Bone mapo of the ~ of 8outho. ld, Suffolk County, ~ew York, wa8 duly ~~--,aded at a re~lar mt.lng o£ the Southold T~nBoard held on 8ep*.~~_r 21,, 1965 al ~ollotul~- , t. )y ~~mg from ~A' reetdent~ul and &gr~cultural Ai~ that certain j~ot, pe~ .ce or parcel of land, wtth the buildings an.d ~j~ents thereon erected0 and bo,~ng at Mattl. tuck, TcMn of 8outhold, Suffolk County, Ifew York, known and dea~vna-ted me lore I and 2 on the 8ub~v~e:Lon map, lectZon ~, of properE~ o£ Tuth~ll and others' £~led ~n the fJu£folk County Offtce on January IS, 1929 as map Ilo 861. reeldont~l and agr~~Lltunl D~atr~ct . By ehangJJ~j frae t~ "#-l" llalt~ple aes~do~e D~tr~~c the follou~ doser~~ed All thoae certain Iota, pe~eea or percelo of land C~ty of Suf~~, nd $~~ of ~ Y~, ~ ~d of p~ ~ F~r8 lm~d, b Yo~, f~rly ~d ~ ~, ~ly 1914" ~ f~~ ~ ~ offlu of ~ c-l~k of ~e C~ty of au ffo~ ~ J~~ 2, 1911 ~ ~p ~. 242. Dated Se.~r 21, 106S By order of The Albert W. : ., 1965. and Torn Clez~. foruard 8 affidavits MINUTES TOWN BOARD, TOWN OF SOUTHOLD PUBLIC HEARING FISHERS ISLAND FIRE HOUSE AT 2:00 P.M. September 17, 1965 Present: SUPERVISOR LESTER M. ALBERTSON at 2:00 P.M., A. John Gada on Montauk Avenue, Fishers A public hearing was held at the Fishers Island Fire House Friday, September 17, 1965, on application of for a change of zone from "A" to "M-l" on property Island, New York. SUPERVISOR ALBERTSON opened the meeting by reading the recommendation of the Southold Town Planning Board to change the area to an "~-1" zone. Mr. of what is covered by an "M-l" MR. ALBERTSON: Is there of this application? as Albertson also read the definition zone. anyone who wishes to speak in favor MR. A. JOHN GADA: I have applied for this change in zoning said on two other occasions. That is, the dwelling in question doesn't lend itself to anything but what I intend to use it for - primarily a boarding house to house some men, some employees that are sorely needed on the Island. Last winter there was a great need for a place where a fellow could get even a cup of coffee. I had occasions where I had men come in here from New York to do special business that had to be put up at the Parker House in New London at a great expense, and brought over here in the morning and back again at night at a great expense and a great loss of time and this is my reason for asking for the change in zone. MR. ALBERTSON: Thank you, Mr. Gada. Anyone who wishes to be heard in favor of it? Anyone in opposition to this change? A. John Gada, Change of Zone -2- September 17, 1965 MR. WILLI-AM EWING: Mr. Albertson, I am speaking in behalf of my cousin, Anna Edwards, who owns the property on the east side of Hedge Street, and my cousin, Mr. John Schram, who owns the property on the west side of Hedge Street adjoining Mr. Gada's property. I am not at the moment voicing any objection to this. I would like to ask some questions, if I may. I would like to know just where this property, where the zone change is in rela- tion to Mr. Schram's property? In other words, are these the existing houses now on the west side of the private lane? MR. ALBERTSON: I think the best way I can answer your question is to have you come forward and look at the map which accompanies the application. (Mr. Ewing looked at the map and Mr. Albertson pointed out lots C, D, E, and F, explaining that it was the area which is at the west of the right-of-way.) MR. ALBERTSON: Anything further, Sir? MR. EWING: Yes, Mr. Albertson - you have an ordinance defin- ing the term "boarding house" or "tourist home"? (Mr. Albertson read the ordinance definition again.) MR. EWING: Thank you. my cousins are concerned. do appreciate Mr. Gada's January at the last meeting and if this occurs, I would like to speak now so far as This is of no benefit to them. They problem as he expressed it back in they have no A. John Gada, Change of Zone -3- September 17, 1965 objection. It's a gratuity on the part of the neighbors not to object because they derive no benefit from it whatsoever. The thing that they were opposed to is the potentiality of the build- ings becoming or being used for public restaurant and bar accom- modations. So long as it is confined to this definition under the ordinance, they have no objection. MR. ALBERTSON: Thank you, Sir. Anyone else wish to be heard in opposition to? MR. STANLEY RYBITSKY; I am a neighbor across from Mr. Gada's property where I have heard just now Mr. Gada said, "Change the zone." Whatever he wants to build - that's all right, but the change of zon!a~,~that would be the same arrangement as it was last time, so I, for one, feel - do not change the zone. MR. ALBERTSON: Thank you, Sir. Apparently there is a little misunderstanding as to what an M-1 dwelling is and maybe I should read that at this time so there won't be any misunderstanding. (Mr. Albertson read from the ordinance and explained the provisions of the ordinance related to the different categories.) MR. ALBERTSON: Anyone else wish to be heard? MRS. A. G. PENDLETON: I can't see that it's going to do any of those people down there any good. I don't object to having families live there, but not having a boarding house. That right away spoils - it cheapens that neighborhood and we don't want a tourist place there. Certainly not. A. John Gada, Change of Zone -4- September 17, 1965 MR. ALBERTSON: finished, MRS. Anyone else who wishes .... excuse me, were you Mrs. Pendleton? PENDLETON: I think that covers everything. I have no objection. Mr. Gada has another building that has three families or four families in it that live on different floors. Now, that's all right, but the minute that you have a thing that could be a summer boarding house - no - and who knows that there will be a lot of building that he will need a lot of people staying around here. MR. ALBERTSON: Thank you, Mrs. wishes to be heard one way or the MR. LEWIS LAMB: I think Mrs. Pendleton. Anyone else who other? Pendleton isn't quite clear as to the fact that this a boarding house or for a hotel for four families to Well in. zoning that is being requested is not for or any such nature. It is intended you read it. MR. LAMB: PENDLETON: That isn't the way it read the first time Sounds like you'd be all mixed up together. The way I interpret it, unless I am wrong ..... (Mrs. Pendleton asked to have the application read again. Mr. Albertson complied.) MRS. PENDLETON: Then you say right there that's tourists... that isn't what you want in that district. You want - as it is now, it's a year-round place. A. John Gada, Change of Zone -5- September 17, 1965 MR. GADA: Mr. Albertson, this building Mrs. talking about was originally a boarding house a boarding house a great number of years before Pendleton is it was used for purchased it and I don't think that the fact that it was a boarding house injured anyone in the surrounding area at the time it was a boarding house. MRS. PENDLETON: When was that? MR. GADA: Mrs. Hoffort ran it as a boarding house - Herbie Flynn ran it as a boarding house. MRS. PENDLETON: Oh, yeah, about 20 years ago. I MR. GADA: I don't~want to try to put forth the idea that I am not going to do anything to this to injure my own property which is the major part of the property in that area. I own~ two, three, four houses and 4½ acres of land with waterfront and I'm certainly not going to do anything there that will injure my own property. That is the best way I can explain it. MRS. PENDLETON: When Mrs. Hoffort had that was back in the 1880's and my cousin lived over there in 1886 and so that's when Mrs. Hoffort had it. So, there would have been a lot of changes since then. Think of the Island then - there was no roads, not a thing. No post office, no nothing. So, I can't see workmen that want to come over here and stay - how can if you don't have a boarding house for them to live in? How can you have them there if it isn't going to be a boarding house? if you have they stay A. John Gada, Change of Zone -6- September 17, 1965 ~%at's what I can't understand. You can't possibly have strange people coming over here and staying there without someone to look after them. That's all I want to say. MR. ALBERTSON: Thank you, Mrs. Pendleton. Anyone else who wishes to be heard one way or the other? MR. RYBITSK¥: This morning Mr. Gada said he wants to have a change of zone - but what that means? That means he wants a change, that everything goes - what he wants to do, do he can do it? MR. ALBERTSON: I read you the limitations. anything he wants to He cannot do anything that is not provided in this particular zone. Anyone else wish to be heard? If not, we'll close the hearing at this time. (Mrs. Pendleton and Mr. Gada discussed the fact that the property had been through several ownerships and had been operated as a boarding house by several former owners.) MR. ALBERTSON: Anyone else wishes to be heard? MRS. KATHLEEN PARQUET: I live opposite this property. hope that if this place is turned into a boarding house or a tourist place, I hope it's run decent. MR. ALBERTSON: Thank you, Mrs. Parquet. I'm sure we all do. Anyone else who wishes to be heard one way or the other? A. John Gada, Change of Zone -7- September 17, 1965 MRS. LEONARD MIDDLETON: My husband and I own property adjoining this property and I want to stress what we said in the past. We strictly oppose any change which will interfere in any way with our legal right to the undisturbed use of our property. Since we are nextdoor, we would bear the brunt of any unfavorable situation which might result from this change and I real~ don't see why it's necessary to have a rezoning if apartments can be used in his house which is adjoining to this house. Why couldn't this same setup be used under the present setup. MR. ALBERTSON: It is presently zoned as residence property and you can only have one family to a house. This is basically the change. MRS. MIDDLETON: We are very much opposed to this. MR. ALBERTSON: Anyone else wish to be heard one way or the other? If not, we'll close the hearing at this time for the further deliberation of the Board, and thank you all for coming. Besides those who spoke during thehearing, the following were also present: Mr. John Schram, Mr. Serge Doyen, Mrs. Gada, Mrs. Clifford Haskins, Mrs. Belmont Timmerman, Mrs. Jr., Mr. A. John Gada, Jr., and Mr. John Jezouit. Margarette H. Osborn, Hearing held at Fishers Island Fire House on 9/17/65 at 2:00 P.M. for Zoning Change Present= William Ewing John Schram Serge Doyen Margarette Gada Mrs. Leonard Middieton Mrs. CIifford Haskins Mrs. Relmont Timmerman Staniey Rybitsky A. John Gada Mrs. Kathleen Paouet Mrs. Ao G. Pendleton Lewis Lamb Mrs. H. Osborn, Jr. A. John Gada, Jr. John Jezouit Mr. Albertson called the hearing to order. Read recommendation of planning board to change area to M-1Zone--read definition of what is covered by M-1 Zone. Anyone in Favor of: A. John Gada--I have applied for this change in zoning on two other occasions, the building.,~oes not tend to lend itsself to anything except a multiple dwelling or a rooming house for employees who do not have any place to stay on the Island during the winter or even a place to oo for a cup of coffee. If people come on business during the winter they have to stay in New London over night at great expanse and loss of time, that is my reason for asking for this change. Mr. Albertson: Anyone in opposition. Mr. Ewing As I representgmy cousins, Anna Edwards and John Schram, I am not voicing any opposition but would like to know where this property isrin relation to Mrs. Edward's and Mr. Schram's. Are these the present existing houses we are talking about and would this affect Mrs. Edward's and Mr. Schram's right of way. Mr. Ewing looked at map lots CDE and F are west of right of way. He requested ordinance regarding M-1 definition to be read again ~r. Albertson Mr. Ewing Read ordinance definition again Speaking now for my cousins, this is of no benefit to them, if Mr. Gada's application of January is for this, they have no opposition, this is a gratuity on the part of the neiqhbors in n~t opposing the potentiallity of this building being used as a public rooming house and bar as long as the bar does not come under the ordinance theyhave no opposition. Mr. Rybitsky: As far as the building there is concerned that is alright~ but I am against changing the zoning laws. Mr. Albertson: Read definitiong of~-I Zoning again. Mrs. Timmerman: What does customary and elementary mean. Mr. Albe~tson: Anything that goes with the business-referred to painters with ladders and similiar work. Mrs. PendletonLThis is not going to do the people in that area any good, we do not need a boarding house, it will cheapen the neighborhook not a tourist home. Mr. Gada Bas another building in that neighborhood with apartments on three floors which is alright but the mi~,~te he makes this house into a s sun~er boarding house no one knows who will be there. Mr. Lamb: ~rs. ~endleton, you are evidently not clear to the facts ~egax,i~9 the zoning request~ it is not for a boarding house but for four families to be able to live there. Mrs. Pen~eton: It doesn't sound that way to me at all. ~r. Albertson: Mr. Gada's request read again. Mrs. Pendleto~: That lets in tourists which are not what you want in that district or in a year round plaoe. Mr. Gada: The building in question was originally a boarding house for a number of vears and did not injure anyone at that time. Mrs. Pendleton: When? Mr. Gada: ~rs. Hofford and ~r. Fl,mn both ran this as a boarding house, at this time I want to try and put forth that this will not injure any property. I own three houses and land in that area and do not want to lower the value of m- property. Mrs. ~endleton: The Moffords had it in the eighteen hundreds and there's been l(ts of cha~ges sinc£ then, at that time there was no post office or nothing-I cannot see workmen staying in a building without someone to take care ~:f it. Mr. Ryb~tsk7: if th~s zoning is changed, does that mean he can do anything with the property,7 Mr. Albertson: No, only what comes under the Mrs. Pendleton: Who sold this property to Gada? Mr. Gada Mr. Brown Mrs. Pendleton: Didn't Matthiessen own this property7 Mr. Gada No, George Maynard originally owned it, Mr. Maxwell owned the other land near by but not the property, both Mr. Flvnn and Mrs. Laughlin used it as a rooming house. Mrs. Pendleton: Who put on th~ horrible addition? Mr. Gada: Mr. Hendrvx for playroom for children. Mrs. Paquet: If this goes through as a boarding house or tourist home I hope it is run decent. Mrs. Middleton: As owner of the property adjoining, we oppose this change as our legal right th. enjoY our property undisturbed. We do eot think rezoning should be done if apartments can he used in adjoining house. Why can't Mr, Gada use the other house he has there? Mr. Albertson: Only one house with multiple dwelling can be in this area. Mrs, ~iddle~on: We are very much opposed to this change. Mr. Alhertson: Anymore questions, otherwise meeting is closed. NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 2~§ of the Town Law, an~ ~tion TX of the building zone ordinance of the Town of South~ old, Suffolk County, New, York, public hearing will be held by the Southold Town ~oard at the l~hers Island ~ire House, Fishers Island, New York, in the ~id Town on the l'/th day of ~eptember 1~5 at 2:~ o'clock t~ th~ afternoon of the ~atd day on the following proposal to amend the building zone ordinance (tneludin~ the building zone mal~) of the Town of Southold, Suffolk County, New Yo~k. 1. By changing from "A" Residential and Agricultural District to "M-I" Multiple 1~esidence District the follow- ing described property: All those certa/n lots, pieces or par- eels of land situate lying and being on Fishers Ialand, Town of Southold, I coanty of Suffolk, ami State of ~New :York, known and designat~l as lots "C", 'D", "E', ami "F" on a certainI map entitled "Plan of property on~ l~lshers Island, New York, formerly owned by Mrs. Martha E. Hoffort. now belonging to 8outhold /~avln~s Bank, July ig14" a~d filad i~ the office of the clerk of the County of Suffolk on January 2, lg15 as Ma]) No. ~42. Any perzon desir~.~ to the prope~ed amendment should pear at the' time and place alive specified. [Dated August 24, 1965 By order of the Southold Town Board Albert Richmond, Town Clerk COUNTY Of SUFFOLK ~. ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk Count'/; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for .........-- r ~ ~"~' '/'"'/w,eel''A/ day of .... :. ......... ...... ........ Sworn to before me this ...... .~... ............ d~y of .......... ...... NOTICE OF ~(~ ON PI~OPO6AL TO AMEND ZONING OI~DINANCE Pu~s'uant 5o section 265 of the Town law and section IX of the~ buil.~dl3!g zone oedinanc~ of the[ · To~;~f Southold, Suffolk Coun- ty,~ York, Pablic hearing will' be held by the Southold Town Board at the Fishers Island Fire' House, Fi,shers Island, New York, in khe said Town on the 17th day of September 1965 at 2:00 o'clock in the afternoon of sa~d day (E.D~.T.), on the follow~ng pro- 1oceai to amend the buildifig zone ordinance (ir~chtdlng the buildlngl zone mal~) ~f the Town of South-' old, Suffolk County, New York. 1. By changing irom ."A" Rest-' dential and Agrlcultaral District to "M-I" M~ltlple Residence Dis- trict the i?llowlng doscrlbed All those certain lots, pieces or[ :~a~els-~ land situate, lying and being on ~ts~ers Island, Town-of] Southotd, County of Suffolk, and, ~tate of New York, kaown and de- signaled as lots C, D, E, and F on certain ma~o entitled "plan of l~roperty on Fishers ~sland, New [ York, formerly owued by Mrs.~ Martha E. Hoffort, now belonghng [ to Southold Savings Bank, July[ 1914" and filed in the office of [ _the clerk~., o~ the County o~ Sufo] folk on Jatma~ 2, 1~15 as ma~ No. 242. Any person deslrir~g to be ~eard on the proposed amendment should a~pear at the l~l~and place above specified. Dated August 24, 19~ · By order of the Southold Town Board A~bert Riclunond Town Clerk lt~. COUNTY OF SUFFOLI4,, ~ ~ ss: STATE OF NEW YOI~K. j '" ~' ~f~'~'~' '(-~- ~.~.~ ~. ~.~.'... being duly Sworn. s~s that ...~y is Printer and Publisher of ~e SUFFOLK ~EKLY TIMES. a news~per publish~ at Greenport, in s~d county; and ~at th~ notice, of which the ,annexed is a printed ~py, has been published in the said Suffolk Weekly Times once in each w~k, ~or ~ week~ suc~ssiv~ly COmmencin~ on the . ........... S~rn to ~fore me this . ~ .~ ..... CORNE~UA P.~ I~OGH NOTARY PUBLIC, $1B~ ~ Yor~ PUBLISH ERS' CERTi FICATE ~ County of Suffolk. and Island, New York, ~ormerl¥ owned State of Connecticut, ~- ss. New London. County of New London~ On this___2.1xtt __day of____~e-p_t~mhe-~ .................. A. D. 19 65 , personally appeared before the undersigned, a Notary Public, within and for said County and State, A G Almeida, office man~ger .................................... of THE DAY, a daily evening newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of T ?? _n_ __°_ _r_ _a__o__u__t__~2~ .d__,_____h_ _a_ _o. _r~ n_ F_ _,__ p_r_ RRo a~ amend zoning ordinance ........................................... a true copy of which is hereunto annexed, was published in said newspaper in its issues of 2nd da,,s ,,f September ~ D. 19 65 Office Manager Subscribed and sworn to before me this ....... _2__n_~_ ..... day of ...... }_e,~.g_.e_.m__b__o~ ...... A. D. 19 65. Notary Public. Pursuant to seet~on '26~ o£ the Torn .'.law and meatXon IX. or tho , bulldlng SOhO oFdinanee of the. Torn of Suffolk County, at. tho F~shers Island FXre Hotme, Fisborg Island, !said Torn on tho 17th day of I~e~beF 1~6~ at 2~00 o'oioek in . the mttd day (E-,D.~ .T o ), on the following proposal , to annend the building SOhO oFdinauee (tnelud~ng tho soho naps) i. to propertyJ on Fishers and filed in o~ .T~~ 2, : of tho To~u of seuthold, Suffolk County, New Yo~k. ~y ehanging r~m *A~ Resid. entZal and ag~toUltural ~t~ple ~testd~~e Dist~le.t the ~ollowing Ail th6~e certain lots, plsees o~ ~eels of and being on F~she~s Island, T~ of $outhold, and $.tate o£ Hew Zork, knmm and dostgna~d and #.Fu on & eertain map entitled ~plan of Island. New York, lo. seriF owned b~ ~e~s. now belongln~ ~e $~~ld Savings hnk, the of flee of the eleFk of the County as nap Ho. at,a,. Any perlon desiring to be heax~ en the proposed IshmLtd .appear* at the Dated August ~, tie~ and place above speet£ted. the Southold Torn Board Albert Rt~, Town Clerk District desertbed land sltuat, o County or af !Otl "C "~ ]~opert~ Ma~t,ha Please publish omo 8ep~be~ R, 196~ and forward (~) p~ltoatlon tmmp, diateiy to the ToMa CXerk, Natn Road, Copies mailed Aug. 2-~, 1~6% to Suffo~ Tines L. !. Travler- Aatt ! t~ ~ate~. n ~. A..~~ O~a ~.Pe~ ~w~ds affidavits -~outhold. August 25, 196%' The New London Day Pu- blishing Ne~ London Conn, Day Co Gentlemen and f.orward Please publish the. enclosed an affidavit of publication legal notice on Sept. as soon as possible. Enclose please find a voucher for the bill. Your s truly Building Inspector !96% Southold Town Planning Board SI'"IUTHI3LD, L. I., N. Y. PLANNING BOARD MEMBERS John ',Y/icl~ham, Chairman Henry Mo~sn Alfred Grebe Archibald Youn9 ~g'irlinrn Unkelbach SREPORT TO: Southold Town Board 16 South Street Greenport, N.Y. August 16, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held ~ August 10, 1965: In the matter of the petition of A. John Gada of Fishers Island, New York, amended, relative to change of zone from "A" Residential and Agricultural District to "M-l" Multiple Residence District on certain property situated at Fishers Island, New York, and more particu- larly bounded and described as follows: Ail those certain lots, pieces or parcels of land situate, lying and being on Fishers Island, Town of South- old County of Suffolk and State of New York, known and designated as Lots "C", "D", "E", and "F" on a certain map 6ntitled "Plan of Property on Fisher~ Island, New York, formerly owned by Mrs. Martha E. Hoffort, Now Belonging to Southold Savings Bank, July, 1914' and filed in the Office of the Clerk of the County of Suffolk on January 2, 1915, as Map No. 242. It is hereby RESOLVED that in view of the volume of protest and in view of the residential character of all of Fishers Island, and the fact'that there are several non-conforming uses on these premises now, that the Town Planning Board does not recommend the change of zone from "A" Residential and Agricultural District to "M-l" Multiple Residence District on the property of A. John Gada as described above. ~.~. spect fully submitted, John Wickham, Chairman Southold Town Planning Board SOUTHOLD, L. I,, N. Y. July 14, 1965 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The c mmgnde~ petition of A. John Gada of Fishers ~sland, New York, relative to change of zone from "A" Resident- ial and Agricultural District to "M-l" Multiple Residence District on certain property situated at Fishers Island, New York, is in the files in the office of t~e Planning Board at Southold, New York. You a~e 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 yours, Albert W. Richmond Town Clerk A. JOHN GADA General Contracting, Inc. /V~ember Connecticut: ~ocle~:y o[' Civ,[ [:nglneers Drawer B I:ishers Island, N. Y. 11943 June 24, 1965 $outhold Tow~ Planning Board Mr. John Wickham President $outhold, Long Island New York Dear Mr. Wickham: I am enclosing herewith, the Town Board, with reference to the change in property on N/$ Montauk Ave., Fishers Island. Sincerely yours, A. John Gada, General Contr. carbon copy of the letter to zone of my Inco aJG/mrg ~'-nclosure ,John Gada, Pres. - Treas. June 24, 1965 Mr. Lestor Albertson ~u.~srvisor Town of Southol~ ~reenport, Long Island New York Dear .Mr. Al bertson ~ In connection with my application for a change o£ zone, A to M on property N/S Mont&uk Ave,, Fishers Island, which is pending. I wish to make application for a change of zone from A to the new M-1. Sincerely yours, A. John Oa~a, Oeneral Contr. In~ A. John Gada, ?res, - Treas. A JO~mrg May 12, 1965 Fishers N.~. John Gada Island Dear Sir; change of pending a The Town Board has been holding zone "A" to "M" on property N/S revision of that section of the up your applicatioD~ for Montauk Ave, Fi sh,r s ordinance. I s land zoning ammend The change in the "M" - multiple ordinance has now become effective, :~rou~ application to comply with the residence section and they feel that new provisions of of the you should the ordinance. The new "M" section provides ~asicaly:- In the ."M" district all permit, ted uses in the "A" district; Hotols and Motels$ Tourist cottages~ Tourist camps; Marinas for docking of private boats only; ( the last three by special exception of Bd/ Appeals) and accessory used on the same lot. The new "M-l" district provides basicaly:- All permittted uses in t~e "A" districts dw~llin~ designed for not ~,:'~ore than (4) familys; Boarding & tourist housesl accessory uses on same lot. stating then I A letter to the Town Board & copy to th~ Planning Board which district classification you would want will be sufficient~ ca~ get this matter und~r w~y again. as Met so mind when We do them are they are not have the new copie~ of the ordinance from the not available for distribution~ wi_'/.1 keep you in ready. printer Trusting the above will 'be helpful to you, Yours truly Mr. Lester Albertson, Supervisor of the Town of Southold opened the hearing on e zoning change at I:15 p.m. January I$, 1965 at the Fishers Island Fire House by introducing the Town Board, Messrs. Clark, Valentine, Edwards, Tuthill and Robert Tasker, Town Attorney. Mr. Albertson read the following Notice of Hearing on Proposal to Amend the Zonln9 Ordinance: "Pursuant to Section 265 of the Town Law and Section I× of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Southold Town Board at the Fishers Island Fire House, Fishers Island, New York in said Town on the ISth day of January 1965 at I:00 o'clock in the after- noon of the said day on the following proposal to amend the Build- ing Zone ordinance (including the Building Zone maps) of the Town of Southold, Suffolk County, New York. One. By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: All those certain lots, pieces or parcels of land situate, lying and being on Fishers Island, Town of Southold,County of Suffolk and State of New York, known and designated as lots "C", "D", "E", and "F" on a certain map entitled "Plan of Property on Fishers Island, New York formerly owned by Mrs. Martha E, Hoffort, nov belonging to Southold Savings Bank, July 1914" and filed in the office of the Clerk of the County of Suffolk on January 2, 1945 as map No. 242. 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 Board, Albert W. Richmond, Town Clerk." Mr. Albertson then read the certification that the notice had appeared in newspapers. Mr. Albertson then reed the following recommendation of the Planning Board to the Town Board in part: December 15, 1964, Gentlemen . It is hereby Resol;;~';~at the Southold Town Planning Boar~ does not favorably recommend to the Town Board the change of zone from "A" Residential and Agricultural Distract to "M" Multiple Residence on the property of Margaret J. and A. John Gada as described above. The Planning Board has a large number of protests in its file, including tele- phone calls, telegrams and letters. The Planning Board has been over the property repeatedly and feels it should remain "A" Residential and Agricultural District. Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." Mr. Albertson then reported that telegrams to the Planning Board had been received by the following persons opposing the change: Corinne R. Coles, Harris B. Parsons, Anna S. Edwards, Gordon Murphy for Estate of Mary Murphy; and letters opposed from Herbert Clarke, Albert Dawson, Lee Ferguson, Jr., Mr. and Mrs. Stanley Rybitski, Mrs. Kathleen Paquet, Francis Doyen, Serge Doyen, Jr., Leonard and Willie Mae Middleton, John Schramm and Gordon S. Murphy For Estate oF Mary Murphy. He also reported that the Town Board had received telegrams of opposition From Peter Doroschevich, A. D. Dawson, John Schramm and Mrs. Francis Cole and letters in opposition From Hartford National Bank ~ Trust Company For Estate of Clifford Haskins signed by C. C. Tomlinson 3rd, Gordon S. Murphy For Estate of Mary Murphy, Serge J. Doyen, Jr., Charles W, Hedge, Theodore B. Russell, Anna Edwards and H. Lee Ferguson, Jr. Mr. Albertson then asked if anyone wanted to speak in Favor of the change of zone. The Following were then heard: "My name is A. John Gada, I would like to go on record as request- ing this change. My letter to you with the original request was made For this purpose: heretofore we had a place where people could stay overnight. This no longer is true. I now have approxi- mately $250,000.00 worth of construction under way and have not been able to get the necessary help here on Fishers Island. I have also gone to New London,Westerly, Saybrook and Norwich For worI~men as long ago as last year and as recently as last Tuesday. There are no men available within I00 miles, partly due to the fact that PFizer and the Electric Boat have h/red them. Con- trary to rumors that are going around I Have no intention of ~pening a night club or restaurant or selling liquor. I think as much oF Fishers Island es you people gathered here today, It is wonderful to see you are so interested in Fishers Island. However I regret to say that you have been unjustly misinformed on the present request For the zoning change. I will show you a map oF the property in question. It goes From the big rock you all know up to and including the Brown house. The First building is a Barber Shop and has two other occupants. The next house is an apartment house with Four Families end next is the Brown house and a small cottage. All this property is non-c~nForming. I have asked to have this area zoned as Multiple Dwelling zone so ( can put people to live in the Brown house not make a night club oF it. When I was informed by the "grapevine", not oFFicially that the Planning Board had turned this down I went to a member oF the Board on Fishers Island and asked on what basis it had been turned down, He said because oF the number oF letSers oF opposition. I asked what reason an~.~'~p ied that they just don't want it because you will build a night club on the Maxwell property. I told him the Maxwell property wes not even in the area mentioned and had to take him and show him For he did not even know the area I wanted re-zoned but the Board actaed in 9ood Faith on his recommendation./ I will now read a letter wr;tten by Lee Ferguson. (Copy oF letter attached and part oF this testimony). This (the letter's contents) is not whet I asked For and this is whet the Planning Board ac~ed on and is what these good people wrote their letters about. The Maxwell property is not even considered. There are a lot oF -2- mistruths going around. Two ),ears ago when I asked For a re-zoning oF the entire area the Supervisor said to avoid spending a lot oF time since it was a night meeting he would not read the letters and I agreed. But I went to several people in that area and asked why they wrote the letters and on what grounds only one man said he had written a letter and it was because his property was de- valued by $1,000.00 by my building the Gasoline Station. I said the Gasoline Station was built before he owned his property and he kept insisting the assessment was lowered because oF it. called Ur. Martocchia the head oF the Board oF Assessors and asked him about this. He said no, that they re-assessed the property after the man purchased it based on his purchase price and this was why the assessment was lowered. I am not trying to tear this Island apart. Every nickel I made is invested here and I do not hat'e any desire to jeopardize my own living by doing any harm to Fishers Island." Ur. Albertson asked iF anyone else would llke to be heard. name is Kathleen Paquet and I am opposed to any change in ~oning this area" "My name is Stanley Rybitski, I I;ve on Fishers Island on Montauk Avenue and bought this place because it is a nice place to live. I used my entire savings to buy this place and I do not ,wish the zoning change. Mr. Gada said he wanted to put workmen in the house and he does not need the zone changed because before he had people living there," My name is Serge Doyen, Jr. and my home .is situated on land border- ing that in the petition. First I want to straighten somethin9 out. The Petitioner implies the letters were written incorrectly because we had the wrong property. This is not so and you may read my letter for I know the property concerned in the request For the change oF zone. I sympathize with the Petitioner and am sure he is sincere and do not refute him except that one day he may drop dead as we all may and when the zone is changed Future use can be anything other than that intended by Mr. Gada. Once the zoning is changed his good intentions will mean. nothing to others and these good intentions still do not change the arguments that once the zone is changed the rest oF us do not live in a strictly residential area. I do not have the solution but I do not th;nk the rest oF us should live in an area changed For one." Mr. Albertson then read the letter from Mr. Doyen, attached. "My name is Mrs. Pendleton. How do we know we will building going on and need a place For people next happens this year we need extra people. $o J don't the change." have a lot oF year? It just see why we need -3- "My name is Martha Ferguson and I am co-executor of the property of the Estate of Mary Murphy. I agree with Mt. Doyen that we can't be sure after the initial change is made that the original intent will be kept. We do not want any change of zone in a residential district. ¥~e like our homes and want to keep them the way they are." "My name is Herbert Clarke and J own property in this area. I am the one Mr. Gada said did not lose the $1,000.00 value on my property. ~Vhether this is right or not I do not know but I have a letter at home From the Town and I am opposed to this change." "1 am William Ewing and represent Anna Edwards and John Schramm my cousins. Mrs. Edwards owns property on the easterly side of Hedge Street 150 Ft. south of the Maxwell property and my cousin John Schramm owns property on the east side of Hedge Street ad- joining the Maxwell property and diagonally across a I0 Ft. right of way From the Brown house. Both my cousfns are ~pposed to this zone changet For the same reason the original ordinance was made, that we have to consider what is necessary and essential For the protection of the public regardless of the effect it may have on one individual. The question is, is it of public interest to have the "A" Residential Zone changed to "M" Multiple Dwelling. The intention is excellent and I sympathize with Mr. Gada but this Board must consider not only the interest now but also Future use, This is supported by the New York Courts and one case was Sam Myers vs Oyster Bay #169 Page 159 SecondSupplement when he wan~ed a zone change to permit the erection of a Gas Station. The Court said it was not the limitation of a gas station but an>, use would be permissible under the zoning ordinance requested. Also the case of Hudson vs. Oyster Bay #288, New York Supplement Page 627 in which the Court Felt it must take into consideration the "ultimate use" in a zone change that might benefit one owner but would be detrimental to Public welfare, In Mr. Gada's case his intent may be one tBing but it would open up ultimate use of the property as a hotel, motel, restaurant end so Forth. The cases I cited are From Rathkopf an authority on zoning. The Petitioner today is calling For spot zoning and this would be an unwarranted intrusion of uses that could become detrimental, Mr, Gada has other property he could house workmen. I show you a tracing marked in red For what Mr. Gada proposes,For this property is already zoned For his purposest and here he is not prohibited From doing what he wants. There are also other areas in Fort Wright available For such uses and I understand Mr. Gada himself owns property in that area which would be usable." Mr. Gada replies: " In reference to what you have said #1 we are spot zoned now For the Brown house is the only house which is residential as the house next to it has Four apartments and I would llke anyone to say it is objectionable. These houses are non-conforming . You are spot zoning For the Brown house does not adjoin the Maxwell property. #2 you say places are available but I do not know of any. It would take 3 to 4 months to get my Fort property ready and we need the rooms now. This would not be more -4- objectionable for the Brown house originally was a boarding house en~ if you can tell me any other place we can put men and a couple to cook for them I will drop this right now." "My name is Leonard Middleton and I live next to the Brown house and lest summer there was a party there which became boisterous with instruments playing all night and when I asked them to be quiet they were very nasty to me and if that is a sample of what is going to happen when it becomes a boarding house I am against any change in zone. " Serge.Doyen, Jr. " I would like to reiterate at this time that this Is nothing personal but once e zone is changed no matter how honorable the intent is,other t~ings can change the original intent and we would not want to live in such an area. I was also aware of the racket mentioned by Middleton." "My name is Raymond Edwards and as a property owner I am opposed to the change of zone." Cede asked, "What property do you own?" Edwards replied, "Peninsula lots 35 and 3~." Martha Ferguson: "May I point out that the opposition to the rezoning is practically I00~" Cede" In reference to this incident of test summer the house was rented to a summer resident, Dr. and Mrs. Wheelwright and Mrs. Wheelwright is the daughter of Erard A. Matthiessen. I was not aware of the rowdyism that went on or ell the noise for no one complained to me about it. And et that time the house was not zoned either commercial or multiple." "My name is Lewis O. Lamb. There is a case here on the Island where a party bought e house end changed it from residentlel to a multiple dwelling without getting a change of zone. If this true can Mr. Cede go ahead without a permit?" Mr. Albertson: "No, subject to arrest." meeting?" if you make a change without authority you are Will you give me the information after this Mr. Ewin9: "Mr. Henry Welsh owns a place here on the Island and has apartments for rent." Mr. Cada:"This is true and they are fine apartments end some of my men now live there but all men will not do their mn cooking and there is no one there to cook for them." Mr. Albertson closed the hearing have further deliberation on the coming to the hearing. et 2:p.m. saying the Board would matter and he thanked all for --5- Respectfu I I y subm i t~ed, Luc-~y j.~. /- ~ - . ~ Abjman, Secretary of the meeting. WE'STERN U) ION This is a fast ~'"g~ I " unless its deferred char'I I ~ - ' [acter is indicated by the I Kproper sym~,. ? TELL GRAM W. P. MARSHALL. PnESlDEN~ ~--=Letter Telegram The filing_~hown in the date llne on ~omesfic telegrams is LOCAL. TIME at point of origin. Time of receipt is LOCAL TIME at point of destination .. l/ Ct.J~.~! KSY ND310) PD=NEV] YORK ["4Y 14 120tSP EST- HOd LESTER AL..cRTSON= TOV-.~N BOARD TOV',,!N OF SOUTHOLD GREENPORT NY' -I INTO IT I STRO[',!GLY ~ PPL I CAT I ON- URGE THAIYOUR BOARD DOES AD?I OPPOSED TO THE REZO!'.IING OF JOHN GADAS PROPERTY A,r'.~IIILTIPI ....... p" D~IFL! I~,.,~. AR':'A,_. 't','t-ll CI-{,, IS AnJACFf',,T_.. _.,,. TO :,~Y PROPE_RTYs:. V~/OULD EFFECT THE QUi ET AI,,!D PRIVACY OF THE NE I GHP_,ORI-IOnB NOT APPROVF ~'~ - _ ,,:,R nADOS dOHhl SCHRAN$:1= I~&TP EST ... COMPANY WILL APPRECIATE SUGGESTIONS FRQM ITS PATRONS coNCERNING ITS SERVICE ", WESTERN U- ION, C~ss o~ S~wc~ I-DL=-b-/3-.~ ~e--~,~ This is a fast messageI ~ ' I NL--Night Letter unless its deferred char- [ acter is indicated by thc I TELEGRAM 1201 (4-00) 1 LT International N -'Letter Tetegram proper symbol. ? W.P. MARSHALL, PRESlOENT - The filing time shown in the elate line on domestic teleg~m$ is LOCAL TIME at point of origin. Time of' receipt is LOCAL TIME at point of ........ destination _.. JV~.'~KQU,.,._ lin FQAO~5 )_ _ PO-F\q)(g_ FQ_ NE'¢. YORK NY ST- LESTER ALBERTSON SUPERVISOR = TOVIN OF SOUTHOLD SOUTHOLD NY- 'STR O?,[GLY IJRGE GADA APPLI CAT I0!',! , I SLAIID BE DEN I ED= FOR ZONE VARIANCE ON A P DAV~SON- 158P EST.-'.,' FISHERS--"- THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONCER~NO ITS SERVICE ' W'E3TERN U)'ION 1 This is · fast m~ssa~ J pL: Day Letter unless its deferred char-[ l~L=Night Letter ~ acter is indicated by the ~ _International , The filing time shown ia the ~ate line on ~ome~fic telegr~ i~ LOCAL TIME at point of origin. Time of receipt is LOCAL TIME at point of destination I IBYDAO0,4 B " .- -- '~ .... - .- - ,',~OAOln pn ~,,,nR~,~ICH CONfq JAN 14 q4. g^ F'ST · LESTER ALFjERTSON SUPERVISOR- TOWN OF SOUTHOLD SOUTHOLD NY: .:AS AN OVJNFR 'OF PROPFRTY Of':! - _ ,.:~ONTAUI< AV~' I AP,,'~ IN OPPOSITION TO TIlE ZONING CHANGE REOUEST OF A d BADA ON MONTAUK AVE ON FISHERS ISLAND -, 1~.: DESTRA~v]ENT TO PROPETY VALVUES . ~,-~ILL DESTROY NATUAL BEAUTY QUESTIONABLE V,'ATERFRONT LAND N Y REA S ON S THAT IS _ _ ,,,, UL T I P L,'= n WE L I I N G DEL EAT I NG IN AREA= NORV¢ lC H · PETER DOROSHEVICH 555 WEST ~4AIN ST ,, THE COMPANY WILl, APPRECIATI~ SUGGESTIONS FROM ITS PATRONS CONCERNING ITS SERVICE C 0 N i',!- ' '0134A E ST I This is'a fast message J i acter is indicated by theI w P MARSHALL P~ESlDENT ) ' International ~propers~m~l.. TELEGRAM. . . The filing time shown in the date llne on domestic telegrams is LOCAL TIME at point of origin. Time of' receipt is LOCAL TIME at point of destination I I .! RDAO01 B HI.<~413 NL P_n-HARTFORD CONN JAN. 12 .LESTER ALBERTSON SUPVR- .TOV,!b! OF SOUTHOL_n SOtJTHOLD NY: REGRET CANNOT ATTEND PUBLIC HEARING JANUARY 15TH AND .... , T~_EGRAPHING YOU TO R P-ISTER ,,.,Y STROt,.~P-,F-ST OPPOS IT I 0?'4 T 0 A NY C ,'-IA ~'' .... '"' . ,,:GE nF ZON:. CLASSIFICATION ........... AND L~F'ST HARP, OR IT ~¢,IOIILD SERIOUSLY AFFECT THE VALUE OF t, JY PROPERTY ON HDEGE STRFET ANn THz CH^RACTER OF THc' z,",~TIR= ~4FIGHP, ORHnOn- ,_,. ~ t't .... L-!v-' ~ ', '--- .... --' ,.., --,. ~c!RS FRANCIS COLE- g11A~ST ,, THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONCERNING ITS SERVICE SEREiE ~1. DOYEN, ~IR. P. O. BOX 263 FISHER-~ I-~LAND, N. Y. 11~J43 January 9, 1965 Southold Town Board Greenport, L. I., N~w York Gentlemen: Attn: Mr. Lester Albertson Supervisor I refer to the petition of A. J. Gada fer a change in zone from "A" Residential to "M" Multiple Residence ef the property situated eff Mentauk Avenue, Fishers Island and subject of a public hearing by the Southold Tewn Board at Fishers Island, January 15, 1965. I am opposed to the requested change in zone because the essentially residential character of the neighborhood would be destroyed. The property values of the many individual ~ome owners would be depressed to a degree not commensurate with any conceivable benefit to the general public or single individual. Further, the uncertainties inherent in owning a residence boarding an area zoned for "M" Multiple Residence should not be inflicted upon the many individual home owners involved in this case. Thank you for your kind consideration. H. L~E FER~USON~ dR. FISHERS ISLAND NEW YORK January 1 5, 1965 ~r. Lester A lbertson, To~n oF Southold Southold, New York Superv i sor Dear Mr. A Ibertson. I am sorry that doctor's orders prevent my leaving the house today to attend the meeting ot= your Board here on the subject oi= the change oi= zoning as requested by Nr. A. J. Gada and others For h i s property I yin9 between ~ontauk Avenue and West Harbor. ~y very strong feel i ngs on this question are that such a change From Res i dent i a I to a Mu It i pl e D~e I I i ng D i strict w i I I so a I tar the character oi= the ne ighborhood as to be disastrous to adjacent property o~ners. As a real estate broker here for the past eighteen years I be I ieve that property vel ues , i I I be sar i ous ! y reduced by such a change, thus infl ictin9 great hardship on these peopl e, who const i tute some t~enty d i Ft=erent taxpayers, 1=or the benet=it ot= a very few. Certainly ~he i r peace and pr i vac¥ w i I I be spo i i ed. Furthermore, al I oF us who love West Harbor as it no~ is and ~ho have boa~s moored there ~ill suFt=er From the i ni= Iux oF add it i one i trai=i=lc by water, wh i ch i s sure to be ~he resu It o~ any deve l opmen~ oi= hotel s, eestauran~s e~c., any and a I I oF wh ich I understand ,ou I d be poss i bi e From such a change in zoning. There are many ot: us who have Fought over the years to keep F i shers I si and as ~e I i ke it and not have it spoi I ed by change, and in behali= oi= ~hese I urgently ask ~ha~ you and your Board disapprove ~his appl ication. Sorry not to have the opportunity of seeing you. care I y ours, H. Lee Feeguson, HLF,Jr. la TH E I:313 N N E I:)TI t::3 UT ElAN K AN D TR U ST C t3 M PANY CONNECTICUT BANK BUILDING ONE CONSTITUTION PLAZA HAF:ITFOi:::;ID, CONNECTICUT 0Sl15 January 8, 1965 Town Board Town of Southold Greenport, Long Island New York Attention' Mr. Lester Albertson Supemrisor Gentlemen' Re' Estate of Clifford Haskins We understand that there is to be a meeting January 15, 1965 to consider re-zoning certain areas of Fishers Island. As executor for the above estate, which owns property on the Island, we wish to indicate our opposition to any change. Very truly yours, C. C. Tomlinson III Assistant Vice President CCT-n CABLE ADDRESS "NILOR" OLIN, MURPHY & MANUEL 12 January 1965 Hon. Lester Albertson Town Board Town of Southold Greenport, L. I., New York Dear Mr. Albertson: I understand that a pubiic hearing of the Southold Town Board is to be held on Fishers Island, New York, on January 15, 1965. It is my understanding that one of the items to come before this meeting is an application by Mr. John Gada for a change in the zoning of a tract of land front- ing on West Harbor adjacent to his gas station to permit its user a s a multiple dwe lling area. This application I understand was previously made to your Planning Board and the Board refused to recommend it to you. As one of the two executors of the estate of Mary S. Murphy, my sister Mrs. H. Lee Ferguson, Jr. of Fishers Island being the other executor, I wish to record with you my opposi- tion to Mr. Gada's application. I understand that you will hear from my sister, Mrs. Ferguson, at the hearing on the Island but I will be unable to be there, hence this letter. The land of the estate of Mary S. Murphy is immediately adjoining that property which is the subject of Mr. Gada's appli- cation. It is my be lief that the granting of the re lief re- quested by Mr. Gada would be damaging to the general neighbor- hood, would constitute spot zoning of an inequitable type and would contribute nothing to the improvement of this area or -2- Hon. Lester Albertson 12 January 1965 of the Island as a whole. I strongly urge that your Board do not grant the application of Mr. Gada. GSM- pds Very truly yours, 'ear .Sir: .'t~ain I am opposing the changing of ~'-~ .J · 3-~.~]a' ~" ,.s property, ~n~ of ~-~e~ge Street and adJoihing property on ~'~'.I., from res- idential to m~ltIple r~sidence (~ district). C'~n't und~rstand af't~r ~ame ~'as t,~rned .:dove'- by planning board at Southold, L.i., that there will be a:. he..~rin6 at ~"ishers island, Ja~u~ry 15th at ~'.I. ~ire l~ouse. Resident owners cf ~..t~'~g.-e Str~et, are against any changes that will commercial- ize our Island, especially tr~ naighoorhood. ,rusting Z ou ~ill see our si,~ oi this and help us to maintain the I sl~nd as it is. T~ankin$ yo~.~ I'or your past i-avo~-s, I re mai n o [ COUNTY OF SUFF~,_ . STATE OF NEW YORK NOTICE OF HEAl~ING ON PBOPOSAL .~-0. ZONING OIIJ)~ANCE PursUant to ~ection 265 Of the Town Lam and Section iX Of the-Building Zone Ordinance of the Town of SoUth- old, Suffolk County; New Yprk~ Imblic hearing .will be held by the Southold Town Board at th~ i~lshers Ial~nd Fire House, Pishers Island, New Yor. k, in said ~oTM on the 15th day Of JanUary, 1965, at one o'clock in the' 'afternoon · of 'the.said day, on the following pro- pos~l to amend the Building ~one Or- dinance (includi.~ the.-Building Zone 'M.aps) Of the Town of Southold, Suf- folk-C0unty, New York.. 1. By 'changing from. "A" Residential and Agricultural District ~o "M" Multi- ple 'Residence..District the following described property' Ail those certain lots, pieces.-or · parcels of .land .situa~, lying and being on Pishers Isla.nd, TOwn" of Southold, County of'Suffolk, and State Of New York, known and' signated as lots "C" '.'D .... E" and "F" on a certain map' entitled "Plan of Property on l~shers Islaud, New York, -formerly · owned bY Mrs. Ma.rths E. Hoao~, No~..B~onsins to'-Southold Savings Bank,. 'July 1~!~: and fried in the Offlce of the ~rk of the County of. S~ on _ Ja~ttary 2, 191/i, as Mal)'.,No. Any person desiring to be ~'on the proposed amendme~.~. ~ at the' time and place above ~ed. BY ORDER OP THE SOUTHOLD TOWN BOARD Albert W. Richmond, Town' Clerl~ ..... C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for .... L/~.~~..../.~..~... wee.~g~ successively, commencing on the ......... ,~.../.'~ .......... day of ........ ,,~.~..:..~'.~~.../.]., 19.~..~.. Sworn to before me this ........ ..~... .......... day of .... ........ , NOtary Public / ADELE PAYNE Notary Public, State of New Yorl~ Res:,_'.',r~.~ in Sufloik County 1';o. 52-334 i000 .~ Co~nmiss;on Expires March 30, 19,~ ~ ]l~zmuant to 8e~tAon 265 of the Tram L~d end Oec~on ~ C~ J~ ~, ~L~ ~r~ wall ~ hold ~ ~e ~old of ~d, C~ty of luffS, ~d I~ of ~ ~, Ifv Yor~, fornerly ovued by Nfs. Mar?~a Ii. Ioffor~, ilov Be1Onging ~o Southold livXngl Bank, WvA¥ 1914~ and f~od An ~he Offlee of ~e clerk of t~e County of Suffolk January 2, :L01S, as Nap Jo. 242. Any per~ d~oLrLug ~o be heard on the propoaed amendmen~ ahould appear a~ the ~Xmo and pXa~e above opeeLf~ed. DATID. Mr 22, ~g64 BY ~ ~ TRB BOUTHOLD TOJfll BOARD ilSLBASu lSUBLZSff CIICB IB~B:I~EJ~B, ~ 30, 1964~ MID IPCIINAR iPOUI (4) AIPIPZ~q~VZTI ZItlBO~A'LrIL¥ TO ~ TOWI ¢/,,I~LK, Ni~TM ROAD, COpAel maXled ~o the follovXng ou December 23, 1964s N~. & ~lo A. v~ohn gida Southold Town Planning Board SOUTHQLD, L. I., N. Y. REPORT TO: Southold Town Board 16 South Street Greenport, New York December 15, 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: In the matter of %he petition of Margaret J. and A. John Gadat for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence on certain real property located at Fishers Island, and mc~e particularly bounded and described as follows: Ail those certain lots, p~eces or parcels of land situate, lying and being on Fishers Island, Town of Southold, County of Suffolk, and State of New York, known and designated as Lots "C" "D" "E" and "F" on a certain map entitled "Plan of proDerty on Fishers Island, N%w York, formerly owned by Mrs. Martha E. Hoffort, now belonging to Southold Savings Bank, July, 1914", and filed in the Office of the Clerk of the County of Suffolk on January 2, 1915, as Map No. 242. It is hereby RESOLVED that the Southold Town Planning Board does not favorably recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "M" Multiple Residence on the property of Margaret J. and A. John Gada as described above. Report to: Southold Town Board Page -2- The Planning Board has a large number of protest in its file, including telephone calls, telegrams, and letters. The Planning Board has been over this property repeatedly and fee~ it should remain "A" Residential and Agricultural District. Respectfully submitted, Jo~n W~ckham, Chairman $outhold Town Planning Board Dc HERBERT CLARKE FISHERS ISLAND NEW YORK December ~, 196~ ~r. John Wickham Chairman, Southold Tm.m Plannin~ Board Cutcho~ue, Long Island, New York Dear Sir: I am opposed to any chaD~e in the Zoniu~, Ordnance re~ardin~ the John G~.da orooerty near ma/ home, Very truly yours, He~bert Clarke December 10, 1964. Mr. Jot~n Wickham, Ohairman Southold Town Planning Board, Outchogue, L.I., N.Y. Dear Mr. Wickham: I received word today from my agent on Fishers Is&and that Mr. A. John Gada has applied to the Planning Board for a change in zoning for his property on the north east side of Montauk Avenue. I underatand that he is asking that present residential areas be changed from single to multiple. My wife and I own property within a few yards of the area in question. Our property is water front and contains'three single family dwellings. We also own another single family dwelling and considerable land a few hundred yards from this area. We strongly urge you to turn down any plea for changing the zoning in this area. Except for a few commercial plots that date back to years pri~r to the present laws, this entire area is predominently one-family homes. I belieWe your records will show that this same person made a plea quite like this one several years ago and that it was then turnec town. t s~ no~ning that should change that decision. Very truly yours, H. L~'~' F~'~U~ON, .~R. FISHI~RS ISLANO NEW YORK December 14, 1964 Mr. John wickham, Chairman Southold Town Planning Board Cutchogue, Long Island New York Dear Mr. Wickham: For the continued preservation of Fishers Island as we all love it and want it to remain, particularly the West Harbor area - free from further commercialism and exploitation - I wish to register my skrongest objection to the possibility of a change of zoning from residential to a Multiple Dwelling District as applied for by A. J. Gada. Also, as a real estate broker doing business here for the past eighteen years, it is my considered opinion that such a change would unquestionably have a disasterous effect on the property values of some twenty-two nearby owners. I ask that your Board disapprove this application by thw owner or owners of a single tract of land which will so greatly and p~rmanently effect one of the few unspoiled communities and harbors along the entire coast. HLFJr/ecg Sincer~lyyours, f ~ERBE ~. DOYEN, ~R. P.O.B~X 2~3 FI~HER~ISLAND, N.Y. 11~43 December 14, 1964 Mro John Wickham, Chairman Planning Board, Town of Southold Cutchogue, L. I., New York Dear Mr° Widkham: I am opposed to a zone change on the Gada property adjoining my home. A zone change would alter the very definite residential character of the area with detrimentlal results to the living conditions and property values. Thank you::for pour kind consideration. l~lont auk Avenue Fishers Island, ~ew York December 14, 1964 ~lr. JoYm ~,~ickhm,~, Ohairman 5outhold Town Piannin~ Board Gutcho~ue, L. I., E. Y. Dear Mr. Wickhs~a: ~e own property adjoinin~ the property, which is being considered for re-zonin~ on Montauk Avenue. ~"e emphatically protest any chance in re-zoning. If it turned out that this adjoinin~ property were to be used as a night club, boardin~ house, or tavern ,. it would ~reatly depreciate the value of our property, and the loud noises would certainly be nerve-wrackin~ and completely destro~ our privacy. Sincerely, Leonard F. ~iddleton Willie Mae ~¥~iddleton V.. STERN UNION his is a fast message ~ E I DL----Day L ..... / alter is indicated by the ~ The filing time shown in the date line on domestic telegrams is LOCAL TIME at point of origin. Time of receipt is LOCAL TIME at point of destination I 2hop :: ST= THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONC£RNING ITS S£RVICI= c o. V STERN I~xNION, ...~,. L~tter --I unless its deferred char- [ [ alter is indicated by theI k~._..,~,. ? TELEGRAM .0, ~.~, ~ ~_,=.~.,,o..,. The filing time shown in the date line on domestic telegrams is LOCAL TIME at point of origln. Time of receipt is LOCAL TIME at point of destination I ';!0 DOUE:T AWARE THAT GAS STAT I O;4 USER OF GADA PROPEP, TY "~ '~'~!T TO n~ HC "n "TRACT I?.,t ra!lPoTIClr..I ......... -. I I,~ ~n I~'~ ~ ~ nr.~ y 2EC,5~ISF OF ~,~ LEGED ;:O;' ,.n?4FnR~'~ ~ PRlnn Tn ..... , ........... ~.~ I t.!O USc ¢"~ TiEi'...! ' ~ -.. "-. ,.. ,, - . =,.AC T OF EXISTI~..! Zn:'tl;4n OR?IqA?..~CF STOP= r..., ... .... -,P~ ~:/,~C,.TOR F~TATF QF ;-.!ARY SC HL ~'--_ Y ~ '-"0:.:,, 71 1°9,?,P EST ~,\f~- '.:,F, ,~v y= THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONCERNING ITS SERVICE V ESTERN 1 'tNIO ...o,, his is . f ....... age I I DL=DayLetter cter is indicated by the [ ) ~ k,,o,~,,,~,. ? TELEGRAM ~- ,~_,..~....,o~., The filing time shown in the date line on domestic telegrams is LOCAL TIME at point of origin. Time of receipt is LOCAL TIME at point of destination =tl[,lncqo - .--.,' ~,1GNEB PROPERTY OF 'APPL ICATI ·_n:.,' ELI. _ I f'iG STnP,_, PI_ F,.~_,, Sz AO:~I:.iSTTills ACTIO!! AS pRnpc~ ,_,:T IFS P E",f EL OP~:i Ef,...!T OF I ~, .. PROPFRTY CO!!TIGttOIIS EAST Dn!~?ID/~Ry qF A jnl-!r.,! GAnA AT FI~uEP, S ISI A'.'n - -. o,.. _ , :._ :..,.,,I lq I .q~ SII~,_IECT~ ,.)i--~ ~ SEFORE YOU _nlSTRICT FOR ;.!ULTI? TO Pc7NLIF Tn -,,m 1~,- ....... 1','~ Rr-cnRn ........ nt!p, oTROI.iG° PROTEST TO YOUR oPOT ZONli.:,n RESULTI~...G IN DAL]AE~E TO OUR !IAVl'qn~.~ ;.}n PRnPEP P~IRpnsF I~, .... ........ ,,, TIlE O¢:,',ALL t, pr' T~II..S ,-,.,,_-A. OF FI~'-JERS,_,.,~ ........... ISI AI'..IFt_,qTDp YOUR ~:.,OARn Ii~'*''°~v'~'~ V rE STERN ~ !NION ~' ~o~s nless its deferred char-I ' I NL=Night Letter cter is indicated by the[ ~1 roper symbol. ? TELEGRAMw. P. MARSHALL. PR[SlO[NY 1'01 (4-60) ~LT~L ..... Telegram~ The filing time sh own in the date llne on domestic telegr~s is LOCAL TIME at point of origin. Time of receipt is LOCAL TIME at point of destination I SYBO06 BA~,~ i B PVA190 NL PD=BARRINGTON RI 15=. ,.-'~q 3EC 14 .~ 8 C:6 JOHN WICKHAF.L, CHAIR,~IAN= .. PLANN lNG BOARD OF SUFFOLK COUNTY CUTCHOGUE LI NY= A~..~ VERY f,.~UCH OPPOSED TO ANY CHANGE IN ZONING FROM PRESENT RESIDENTIAL TO MULTIPLE RESIDENCE IN LAND i BORDERING WEST HARBOR FISHERS ISLAND NEW YORK= HARRIS B PARSONS COMMODORE FISHERS ISLAND YACHT C~E~,hio. i....... liN' F SYMBOLS ~ ~c~o.~.v~.h ¥,ESTERN t ~NION, ~=~,.~ ..... _, I unless its deArr~ char-I I acter is indicated by the I W P MARSHALL PREalOINT ~I -- U.o,.,,~,. ? TELEGRAM.. . I~01("~0) ~LT--L ..... Telqramfi The filing time shown in the date line on domestic telegrams is LOCAL TIME at point of origin, Time of receipt is LOCAL TIME at point of desti nation .SYBO03 B HKA1 ~(~ NL dOHN WICKHAM SPJO2Z~ SPE18e BA2~7 PD=FARMINGTON CONN 13= " C,A~,~A~ sou'r,o~.~ TO~ = BOARO CUTCHOGUE L I NY= C4 GREATLY OPPOSED TO SPOT REZONING OF MONTAUK AVE FISHERS ISLAND MULTIPLE AND DAMAGING TO PROPERTY VALUES= CORINNE R COLES HEDGE GADAV S PROPERTY HOUSING UNECESSARY ST. THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS [~ATRONS CONCERNING ITS S~RVICI~ WESTERN UNION Oppose changing Mr. J. Gada property end of Hedge Street and adjoining property Fishers Island from residential to Multiple Residential (M District). SIGNED: Anna S. Edwards 1505 Archer Road Bronx, New York I'-I FFII ~DUTHDLD~ L, I., N, Y. December 10, 1964 Mr. John Wtckham Chairman Planning Board Cutchogue, L.I. ,N.Y. Dear Mr. Wlckham; The original petition of A. John Gada and Margaret J. Gada requesting a change of zone of certain property situate in Fishers Island, Town of Southold, New York, from "A" Resident- ial and Agricultural District to "M" Multiple Residence District 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 an~ detarm~ne the area so effected with the recolendation of your Board, Albert W. Richmond Town Clerk 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 TYrE TOWN OF SOUTHOLD: We, A. JOHN GADA and 1. lq ..jNL~I~.~.It..E..T..J.,....~...A..D.~ ................... residing at ...... ~ishe~.~..Is.~@~q~l, .................. (insert name of petitioner) · are Suffolk County, New York, the undersigned, ~ the owner of certain real property situated at Fishers Island, in the Town of .S_o...u..l..h..o..~.,...S~.f.?.~.k....C...o...u.~.~.~....N..~Wand more particularly bounded and described as follows: York Ail those certain lots, pieces or parcels of land situate, lying and being on F~shers Island, Town of SouthoId County of Suffolk and State of New York, known and · " " " " and on a certain map entitled "Plan of Property designated as Lots1 C , D , "E" "F" on Fishers Island, ~New York, formerly owned by Mrs. Martha E. Hoffort, Now Belonging to SouthoId Savings Bank, July, 1914" and flied in the Office of the Clerk of the County of Suffolk on January 2, 1915, as Map No. 242. A copy of the aforementioned map is attached hereto and forms a part hereof. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the above described premises. 3. Such request is made for the following reasons: (a) There is erected a large frame buiIding containing two rental apartments and a barbershop upon Lots "t~" and "F". Such uses were commenced many years prior to the enactment of the Southold Town Building Zone Ordinance and are non-conforming uses. (b) There is erected an apartment house building containing four rental apartments upon Lot "D" which use was in existence prior' to the enactment of the Southold Town Building Zone Ordinance and is a non-conforming use. (c) There is erected a large dwel~ing building used and occupied for summer rental purposes upon Lot "C". The building is of such a large size that it is best used for the uses permitted in the Multiple Residence District. The premises described herein are adjacent to a gasoline filling station having a judicially determined non-conforming business use and is in the vicinity of the Pequot House, a restaurant and hotel presently zoned for business use. The Pequot House property is the only facility on Fishers Island affording lodging and food. However, it is presently closed for the winter and there is a need for facilities of this nature to house employees working on Fishers Island and residing elsewhere· STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) · .. ~ ~ , BEING DULY SWORN, deposes and says that ~.~ .. s ~ . ~ ~,~ . .. ~he ~,-the pehtloner in the within action; th.aiY~he ha~ read the foregomg 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 these matters he believes it t(~ be true. Sworn to before me this ............day of ........ PLAN OF PROPERTY ON FISHERS ISLAND N.Y. FORMERLY OWNED BY MR~ IMARTHA E.HOFFORT THE ~OUTHOLD ~AVIN~S ~ANK JULY 1914-- J I I I I I I I 1 I I I I I I I I / / / / / / / 0./ / / / / / .D / / / / / / I '-% ~' //~ / / / ERE'AT // ~' / / .~t /