HomeMy WebLinkAboutRarus Inc. Amend #71 WHEREAS, o petition was heretofore filed with the Town Board of the
Town of Southold by
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from ~i~..ll~ll.l~.~...~..il~.'~.~...'.... 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 ..... ~[l~ll......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 I~'ll~l~.
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 ..... ~~~~-----'~"/!' __wee/
successively, commencing on the ................ .~..~...~ .....
day of ....... ..~~:)_ ...~ ..'"..~19,,.~'.,~
Sworn to be{oro mo thb ...... .,~...'..~. .......... d~¥ of
........... ~~.. ~]', 19.,~..;~
eeeeeeeeeee eeeeee
ADELE PAYNE
Notary Public, State of New Yorl~
Residing in Suifolk County
No. 52-3041000 7
Commission E-xpires March 30, 19! ~.,
~.~.~.~~~~~:- .,...
· ~ .~ io~s:- ~t~ at a~
~" ~e e~rly ~e'of
~e; ~nce N ~' 33' 20"
~~ ~et; ~ence-S. 53" 26'
~ .~.~./~t; the~ S. 36'
~ ' ~.rl~d '~o~rt~:
~ t~t ~e~n piece: ~ parcel
of ~ sit~. l~ ~ ~~
at the ~et of ~ent. Town of,
~ut~ld. SuffO~ Co~ty. New l
Y~k~ ~~ed- ~'de~fl~d' ~'~
fo~w~: ......
.w~~y,~ o~ ~~e ~ne ~.00
· ~ wl~'~ w~~l~. ~ oI
'V~ ~ne, ~d.'~n~ oI ~,
:.'~~:. ~~ .'~e. ~~e~er~7 cor-
.n~ of' ~ 'n~ or- ~O~er~-
:.~" 'tu~~" ~hence...N... ~0. ~,
.~.~ l~d n~ or Io~rly oi Ro~e;
~e~e ~o~ s~ land ~w oi Ior-
~rly o! Home ~. ~o 5~' ~"
~.91 i~ ~ ~d wes~rly
~~rly ;'line- of vmage._. ~e--
~o 18, ~,, w. ~.0 feet ~ thej
.~~:. ~, 5,~ .. 1~, BY
~ W.. ~~D,
; '~~ ~ 1~15
COUNTY OF SUFFOLK, I
STATE OF NEW YORE. } ss:
says that . .'_~-.... isu Printer and Publisher of the SUFFOLK
W~:EKLY TIMES, a news~per pub~sh~ ~ Gr~n~rt, in ~d
county; and 'thai the noti~, ,of which ~e ~e~ is ~ printed
~py..has ~en published in the ~d Suf~lk W~k~ Times
once in each week, for ...........~-_~ ........... week~
suc~ssively commencing on ~e _~ .......
d~ of . .~'. ..... 19
S~rn to ~ore me this .~ ~~ ... ~
c0~~r~ OF SUrFaK)
ALBERT W, RICHMOND, of Southold, Ne~ York, Town
of Southold0 New Yo~k, being duly swan, says that he is over the
age of twenty-one years~ that on the-:-__:2..8th .... ... day of
1965__, he affixed a notice of which t~e annexed print, ed notice
is & true copy, in a proper and substantial manner, in a momt
public place in the Town of Southold, Suffolk County~ New York,
to wit:-
Swor. n to befc=e me
this ..,-, 2..!..th, ,... .... day of
Albert W. Richmond, Town Clerk .:
Town of Southold
M~,RION A.
NOTARY PUSLIC, Sta:e cf Flew York
.NO. 52-3233120 Suf[olk County
Term Expires March 30, 19_(,~.7
held pura~maut, t,o the requJ~~.t, of .Xav, ~ IJu%Xd/ng W
Or.d.~~ (IAeXU~ ~ Bu*tX~g ~ )sup)
of Sou~Xd0 hffO~ County, Imf York 0 viii duXy tllen~
at a ~3~r moet~ of the touthold Town ~d heX d on
~r S, ;LMiS, aa fol:Lo~al
!. By ~~lng freu'Alk lies idont:Ll~ tlnd AgrJ,-~X-~X
A11 t.h~t ~er~~ ~ or ~1 of Xmid mt
Ar-~, Tram of loutho~d, CMty of lufb~k and: Orate
of ~ York, boundod and
Beg~nnXng ut i G,;,G~t~ :in the southerly XXae of
tho =--_=~-_rXy 1%um of ~1 L~ner ~.Jnee
Il. 36° 3.3' 20' Il. 3.90.0 foet; th/tme S. $3°' 26' 40' t. 400. 0
feo~; th~ 8. 36° 33' 20" #. 390.0 fee'S! ~:hlnce ]1. 53°
bogJ~n.f~g, ~0ut~~n~ 3.$8'1 &ezra.
2. By chang,trig from "A" nes%dentLuX and,
D~:~~t ~ "l" hl.J, llill DJ~l~r:Let the ~~ ~d~_mer~d
A11 tl~t e~tm~ jif pM or ptdr~X Of ]~nd w%M~
and beLug
at ~ho llm~o~ of Or-ten~, bn
of' t~~X.d,
S'uffo.~ county, b York, boundod and doges%hod aa
foXXowa~
X08.6 foet .um~horXy m%~ sm%d wee~erXy %%ne from
begLnnJJ~g boJag ~ nor~~_-?.t~:rl¥ corner of land nov or
~1~l~l~r~,']il~ Ofr ~][, free aa%d poLut of bog~..~ runn%ng
~ 11, 63i® 57' 40" W. X26,12 feet to In ~-~ p%pe~'
thenc~ Bi, 36® ~g* ~0# B, &S, O feet ~o ]jmd nov or ~~rXy
of .Horne~ ~uln~ LLong wa%d 1..an..d nov-or foruorX¥ of Homo
feet to -aXd .~~erly %Lne of
SO" W,-65,.0 feet ~ ~he poLnt ~ iGac~
%,11 .
a." iX. (6) ~ZGi~V%TI Of :~~T~ TO TaB TON/ .;~_:~~,ltt3:l
copXoo of thLg XegaX no~%~ mt~ ~ ~ foXXo~Lug8
MINUTES
TOWN BOARD
September 28, 1965
Present:
SUPERVISOR LESTER M. ALBERTSON
JUSTICE RALPH TUTHILL
JUSTRICE HENRY CLARK
COUNCILMAN LOUIS DEMEREST
COUNCILMAN HOWARD VALENTINE
TOWN ATTORNEY ROBERT TASKER
TOWN CLERK ALBERT W. RICHMOND
RARUS ~ INC.
MICKLE~ A?.I.EN A. & WF.
SUPERVISOR ALBERTSON:
hezaring by reading the legal
"Pursuant to Section 265
It seems to be 7:30, so I will open the
notice.
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 t~e Southold Town Board at the
Office of the Supervisor, 16 South Street, Greenport, New York~ in the
said Town on the 28th day of September, 1965, at 7:30 P.M., (E.D.S.T.)
o'clock in the evening of said day of the following proposals to amend
the Building Zone Ordinance (in=luding 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 taact or parcel of land at Arshamomaque, Town of Southold
County of Suffolk and State of New York, boundeded and described as
follows: Beginning at a monument in the SoUtherly line of Middle
(north) Road, 365.09 feet ~.~easterly from it's intersection with the
easterly line of Chapel Lane; thence N. 36° 33' 20" ~. 390.0 feet;
thence S. 53° 26' 40" E.-400.0 feet to the point or place of beginning.
Containing 3.581 acres.
"Any gerson desiring to be heard on the proposed amendments
should appear at the time and place specified.
"Dated September 7, 1965, By order of the Southold Town Board,
Albert W. Richmond, Town Clerk."
SUPERVISOR ALBERTSON: There is an affidavit in the fil~ indicating
that publication was made cf this legal notice. I will now read the
recommendation of the Planning Board.
"Gentlemen: This is to certify that the fDllowing action was
taken by the Southold Town Planning Board at a ~egular meeting held
on September 1, 1965:
"In the matter of the Petition of Irving L. Price, representing
Rarus, Inc., for a change of zone of certain real property situated
in Arshamomaque, New York, form "a" Residential and Agricultural
-3-
District to "B-2" Business District, on the property of Rarus, Inc.,
as described above. The applicant proposes to use this for the
establishment of a nursing home.
"The planning Board further recommends that the Town Board on
their own omotion change from "A" Residential and Agricultural District
to "B-2" Business District ths~ remaining property over to Chapel Lane.
"Respectfully submitted, John Wickham, Chairman, $outhold Town
Planning Board."
SUPERVISOR ALBERTSON: At this time is there anyone present who
wishes to be heard in fa~r of this application?
3_RVING PRICE~ ESQ: My name is Irving Price, I am the attorney
for the owners and the contract purchaser of the property. I would
like to make it clear that there is no intention of using the present
building up there. That is going to be demolished. The owners--the
purlhasers propose to erect a 60 bed nursing home, to cost approximately
$300,000.00. In addition to the rooms, there will be physical therapy,
recreational therapy, barber shop, beauty parlor, cooffee shop. I
believe we all recognize the need for a nursing home in the heart,
and with the coming of Medi-Care, there probably will be even a
greater demand.
and the people
I believe that this will be a benefit to the communittee,
of Southold. I point out that we requested the highest
zone use that can be put there for a nursing home.
SUPERVISOR ALBERTSON: Is there anyone else present who wishes to
be heard in favor of this change of zone?
(There was no response.)
SUPERV~OR ALBERTSON: Is there anyone present who wishes to be heard
in opposition to the proposed ~hange of zone?
(There was no response.)
-4-
SUPERVISOR ALBERTSON: Does anyone wish to be heard on e way or
the other~
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at
this time for the futher deliberation of the Board.
SUPERVISOR ALBERTSON: I will now read the notice for the second
parcel of land.
"2. By chan~ng from "A" Residential and Agricultural District
to "B" Business District the following described property:
"A~i that certain tract or parcel of land situate, lying and
being at the Hamlet of Orient, Town of Southold, Suffolk County, New
York, bounded and described as follows:
"Beginning at a point on the westerly line of Village Lane ~
198.6 feet northerly along said westerly line f~m the intersection
formed by the notherly line of State Street with said westerly line
of Village Lane,said point of be~inning being the northeasterly corner
of land now or formerly of Young; from said point of beginning running'
thence N. 62° 57' 40" W.-126.12 feet to an iron pipe; thence N. 26°
29' 50" E.65.0 feet to land no~ or formerly of Horne; thence along
said land now or formerly of Home S. 62° 55' 40" E.-125.91 feet to
said westerly line of Village Lane; thence along said westerly line
of Village Lane S. 26° 18~ 50" W.-65.0 feet to the point or place
of beginning.
"Any person desiring to be heard on the propesed amendments should
appear at the time and place above specified.
"Dated: September 7, 1965j By order of the $outhold Town Board,
Albert W. Richmond, Town Clerk."
q
SUPERVISOR ALBERTSON; There
proof of publication of this
report of the Planning Board.
"Gentlemen: Th~s is to certify that the
-5-
is an affidavit in the file as
legal notice. I will now read the
following action was
taken by the Southold Town Planning Board at a regular meeting held on
September 1, 1965.
"~n the matter of the petition of Alle~r~ A. & Hazel E. Mickle, of
Flushing, New York, for a change of zone from "A" Residential and
Agricultural District to "B" Business District on certain real
perty situated at Orient, New York, bounded and described as follows:
(legal notice was not read again)
"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" Business District on the property of Allen A. & Hazel
E. Mickle as described above, since this property has had a history
of business useeprior to the adoption of the Ordinance.
"Respectfully submitted, /s/ John Wickham, Chairman, Southold
Town Planning Board."
SUPERVISOR ALBERTSON: At this time is there anyone present
XN~"~n~ wh~ wishes to speak in favor of this change of zone?
GEORGE A. McMANN, ~R., ESQ.: Mr. Supervisor, I represent the pur-
chaser. Mr. and Mrs. Mickle have contracted to sell the property
that the change of zone is being requested for. This sale is subject
to a change of zone from "A" Residential and Agricultural District to
"B" Business District. At the present time, Mr. and M_rs. Norklun are
the owners of the property to the North and west of the property
in question, and on this present p~Qperty, Mr. Norklun conducts his
carpenter shop. He has a non-conforming use, he is interested in
buying this piece of property in order that he could discontinue
the non-conforming use and transfer to Village Lane. This property
was used fc~ business purposes for many years. It just happen to
-6-
be used as a private residence at the time the zoning ordinance was
put through, and thus was not made business property. Mr. Norklun
stated at the request of the Plan~ing Board , telling them in writing
that he would discontinue his non-conforming business on ~Oyster
Pond Lane. I can stipulate for the z~q~r~-'~, that in the event that
the Board finds fit to grant the application, I can stipulate
Mr. N~r~ Norklun that he will discontinue the non-conforming use on
Oyster Pond Lane
SUPERVISOR ALBERTSON: You can stipulate what Mr. Norklun will
do with the property, But you can't stipulate wh~t will be done with
the property when it passes out of his hands.
SUPERVISOR ALBERTSON: Is there anyone e~e present who wishes to
be heard in favor of this application for a cha~ge of z~ne?
(There was bno response.)
SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak
in opposition to ~is application?
(There was no response.)
SUPERVISOR ALNERTSON: Is there anyone present who wishes to be heard
one way or~e other?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, I will close the hearing at
this time for the luther deliberation of the Board.
"~":~( //~[h~ zo~ng .o~/~~.nce'
~ $. ~b Section .26~.' the
".:~'.~ ~d Am~ ~:~.. the
~.' ~d ~ the-~: ~~ld
v~,/j.!~ ~m:~. S~t,.~.~~,
New Yogi~ ih' ~ e ~d' T~' on- ~e
~h .day of ~~m~, !~,'
~:~ P. ~. (~D~.~.) o'cl~k in
the ~veni~ of sa~ .day on' the
ioU~ Prowls W ame~ the
~~g ~ne. ~di~ce (includ- ~
1. By c~~ fr~ "A"_ re-;
~denti.~-district W "B-2" b~in~
~ct ~e Iollo~~ descend
~,~ .~h~~ue, T~ of ~uth-
":rid, Co~ty of Sul~ ~ State
~ New York, .~unded and de~flb-
~ ~ ~f~s'- ~gl~.l~ at a
reorient--in the '~u~erly ~ne
~f ~~le' (~orth) ~ ~.09 fe~t
~~rly ~~ i~ inaction
~th ~e e~rly line of ~~1
~e; thence N ~o
~~ feet; ~ence S. 53° 26' 40"'
~ ~.~ f~t; the'~e S. ~o 33'
~" ~ ~~ feet; ~ence N. 53°
~' ~" W. ~.0 feet to the' ~t
~-..~e of :~gin~. Conta~-
i~ 3~1 .~~.
.~, By c. ha.~~ from "A" ~si--
dentl~ a~ ~i~.lt~ district to
· "B" '~ine~ district ~e
~ ~' d~~d ~?~rty:
~1 that ce~in ~i~e' or parcel
of. ~ sit~, ly~g ~d bei~~
at"the H~Jet of Orient. Town of
~~ld. Suffo~ ~~. New
:Yo~, ~u~e.d. 'and de~rlbed
follows:
~nni~ at a ~int on the,
~ ~s~.rly~line of V~e ~ne 198.60'
~f~t-~herly .~o~' ~id wes~rly ~
line from ~ ln~r~tion fomedi
· by the no~herlY line of State~
S~e~ ~ S~ wes~rlY li~ of~
ViH~e ~ne, ~d p~int of. begin-
.
· ni~ ~i~ ~e ~~eas~rly cor-
ner of 1,~ n~ or fo~erly of~
Yo~g; ~~ said ~int
~ run~ thence N. 62~ 5~';~
~". W. 126,12 f~t to an iron ~ipe;
~thence N. ~o ~, ~,, E,~ ~.0 feet
~ .l~d now or fo~erly of Horne;
the~e ~o~ s~ Mnd ~w of for-.
merly of Home S. ~o
~.91~ f~t .~ s~d ~s~rly line of~
Vill~e ~e; ~ence ~ong said
wes~rly Iine of ViSage Lane S.
~o~ '18'.'~" W. ~.0 f~t ~ the
~int or p~e Of ~begi~ing.
~ A~ Person d~ifl~ ~ ~ heard
on ~.e pr~~d ~endments
~o~d a~a~ at the time and
place ~b.ove s~ified.
DaSd ~ptem~-r ~, 1~5 .By
· d~r of .the ~uthold T~n Board
~~. ~. ~~ond,
T~n Clerk. ltS1
COUNTY OF SUFFOLK, !
~ ss:
STATE OF NEW YORK, j
....,~..,..~...~.~~,~ .~.. being duly Sworn,
says that . .~... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and t~hat the 'notice, ,of which the. ,annexed is n printed
copy, .has been published in the .,Said .Suffolk Weekly Times
once in each week, fo'r ......... ~ ............ week'k
successively commencing on the .~--
day of .
clay of .~.~ 19.~.~ J
.............. ....
C'",f,' ' ..:- ' .... .~t N~,w Yo~
NOTARY P"-:' "- -.
No..~" '
Count~
Qualified i:~ :;. ~.~.t,;. 30, 196t/?'
Term Expirc~
Ilo '316'33'
7, %lis
PL^NNI N~, BOARD
MEMBERS
John %V/ickhem, Cheirmen
Henry Moise
Alfred C~rebe
^rchibeld Youn~
~/il liem Unkelbech
Southold Town Planning Board
SOUTHOLD, L. I., N. Y.
REPORT TO:
Southold Town Board
16 South Street
Greenport, New York
September 3, 1965
Gentlemen:
by
on
Th is is to
the Southol d
September 1,
certify that
Town Planning
1965:
the following action was taken
Board at a regular meeting held
In the matter of the petition of Irving L. Price, repre-
senting Rarus, Inc., for a change of zone of certain property
situated in Arshamomoque, New York, from "A" Residential and
Agricultural District to "B-2" Business District,
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 Rarus, Inc., as described above. The appli-
cant proposes to use this property for the establishment o~ a
nurs ing home.
The
on their
District
to Chapel
Planning Board further recommends that the Town Board
own motion change from "A" Residential and Agricultural
to "B-2" Business District the remaining property over
Lane ..
JW/jm
..
_~- ...... ,-'"' John
Southold
Respectfully submitted,
.~
Wickham,
Town
Chairman
Planning
Board
ALBERTW. RII3HMOND
REGISTRAR OF' VITAL STATISTICS
OFF ,
T,
SOUTHOLD, L. I.,
ERK
N · To
TELEPHONE
SOUTHOLD 5-3'783
August 2, 1965.
Mr. John Wickham
Chairman, Planning
Cutchogue, L.I.
Board
Dear Mr. Wickham;
Irving L.
relative
pr oper ty
The original petition of
Price, representing Rarua, Inc.,
to change of zone of certain
situated in Arshamom&que, New
York, from "A" Residential and Agricult~
ural District to "B-2" Business District
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~
Albert W. Richmond
Town Clerk
Mr.. I~ving L. Price,
Main 8t
O.reenport t N.Y.
Attorney
~ul¥ 16,
1965
Dear Sir ~
# 1~3 (
next
you
Enclosed please find receipt ~or change of
Rarus Inc), S/8 North Road, Greenport, N. [.
zone
application
This application will be presented to the Town Board at
m.~ti, ng on July 27th, 3~O0 P.M. at the Supervisors office.
The Plannin.~.?~ Board meeting has not yet been set, I will
of the date as soon as it is announce~.
we have
stating'-
the southerly
plans for the
their
advise
One thing that may be of interest to you and your clients,
a letter of recent date from the County Dept of Public Works
that th&~r plan at present is to widen North Road (CR2?A) on
side of the existins concrete. No date for the work or
area were given. " -
Tr~asting the above will be helpful to you.
Yours truly
Bu[ldln~
[ /
~ .
Inspector
IRVING L. PRICE, ,JR.
July 15, 1965.
Building Department,
Town of Southold,
Southold, New York.
Gentlemen:
I enclose herewith Petition in duplicate for
change of zone, together with survey of property and check
to the order of the Town of Southold for $25.00.
I would appreciate being informed as to when
this application will be before the Planning Board and the
Town Board as I would like to appear personally.
Thanking you in advance for your courtesy, I
remain
ILP:SD
Enclosures
Very truly yours,
CASE NO.: ..............
STATE OF NEW YORK PETITION
TOVv'N OF SOUTttOLD
IN THE MATTER OF THE PETIT[ON OF
FOR A CHANGE, MODIFICATION OR AMENDM£NT OF THE BUILDING ZONE ORDI-
NANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NE\V YORK.
TO THE TO\VN BOARD OF THE TO\VN OF SOUTHOLD:
(insert name of petitioner) as agent of and contract purchasers
Suffolk County. New York. the undersigned,]-a,m the owner/of certain real property situated at
..... .A..r.s..b.a..m.Q.m..a.~[.u.e.,...N..e.w...Y.Q.r.k... and more particularly bounded and described as follows:
All that tract or parcel of land at Arshamomaque, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
Beginning at a monument in the southerly line of Middle (North) Road
365.09 feet easterly from its intersection with the easterly line of Chapel Lane;
thence N. 36° 33' 20" E. 390.0 feet; thence S. 53° 26' 40" E. 400.0 feet; thence
S. 36° 33' 20" W. 390.0 feet; thence N. 53° 26' 40" W. 400.0 feet to the point
or place of beginning. Containing 3. 581 acres.
2. I do hereby petition the Town Board of the Town of Southold to change, modify and
amend the Building Zone Ordiuance 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-2'' Business
District as to above premises,
3. Such request is made for the following reasons:
Owner has entered into contract with purchaser contingent upon
securing this ehange of zone. Purchaser wishes to improve premises
by leveling existing structures and erecting a new 60 bed concrete block
colonial brick face nursing home.
(L. S.) .....
/
STATE OF NEW YORK,
COUNTY OF SUFFOLK,
........... I.~R..V~.N..G...Lc.....P..P,~.C..~.~...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 his (h,=v) own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to those matters he believes it
to be trne.
this . .1.5.t.h. day of ....... .J.u. ly. ........... , 19.6.¢:
Notary Public.
MIlt. LA M ffARTLET
I[$TIRY PtlBLIC, 8t~te 0f Ne~v Y,rk
No. 11~-I~06~1~ ~olk Coun~
Cm~mi~0n gxl~ire~ Ilareh ~0,
WHEREAS, a petition was heretofore filed with the Town Board of the
Town of $outhold by ....... .A...1..1.~.n.....A..,...~...~.z;.e.~..[,..M~k],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 ...'.'.~..'.'...,-~.e..~.,,...&..~g;c.;i.~.o. District to ..'.'.B.T..Bzzsine.~- ..............
District the property described in said petition, and
WHEREAS said petition was duly referred to the P'lonning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the .................... 28th day
of ............. ~,.e....m~....e..z. .............. , 19...6..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 granted.
By Order of the Southold Town Board
Dated: October 28, 1965.
Effective as of November 8, 1965.
Albert W. Ric~6nd, ?own Clerk
r'l FFI ERK
TI
ALBERT W. ~I~HM~ND
~;OUTHOL I., N, Y.
STATB OF NBW YGRK)
COUNTY OF 8UFFGL~)
ALBERT W. II~CflMGHD, bolng duly wC~no
In ~e ~ of ~u~old, ~t~
~ ~e 28th day of October , 19 65
a ~opy of ~e N~XCB ~ ~ OF Z~X~ NO. 71
~e aLg~d M/ntaln~ bM h~ ~nnt to
~n ~e ~thold ~n Cl~k'a Office
~e ~~ o~ ~e ~n ~ ~ p~t to the
MARION A. RECENT
NOTARY FUSLIC, State of f]¢.'¢ Yo~k
No, 52-323}120 gui[elk Count
Term E×p]res March 30,
'NoTIcE OF
ZOmN
~ NO. ?1
~t ~ter a pubnc
~t to the' ~u~em~-
'~w,. the Bu~~g--Zone- O~ce'
(l~lu~ ~e ~d~ Zone Ma~)
'~effd~ at'a ~-,m~~ ~.
~.' 'e~ .-~~ ..~
New York,.,~ed.' .a~!
ed. as fonows...; Be~.i~t' .a-
monument, in "';~ So~I~. e
0..~- ~..~- ,(~9~t.~)
~':~'"' ~ .... ira,-' ....... trivia,
with the, easterly'line of Crmpel'
na e; N s6o
~90~) feet;-laence.~,:..~° 26' 40'i'
t00,~-feet;; thenC'~""'S.
2, '~X ¢ ..llangir~g from ,,A, .~_
dentlal ami .ASrI~~.~ dlstrtet to
"B" ~ess' district the
lng d~rlbed'=i~r, operty:
All that certain piece or parcel
of land' situate, lying ~nd being
at the Hamlet of Orient. Town of
Soutl~ld. Suffolk C°un~y. New
York, boux~de.d and described as
......
follows:
Beginnillg at a. poin~ on lhe
westerly line 'of V&llaffe Lane 198.60
feet ~erly.along said westerly
llne Sr..om tae intersection f(trmed
by the northerly line of State
Stree~ -Ivita .said westerly .line. of
Village Lane,-'said-'.point of begin-'
ning i)ein~ the rmrt~easterlY cor-~
ner of land now or .formerly.
¥oung;'..Irom said' poinl~of begin-}
ning ruX{n!_ng thence-N. 63°. 57'
40" W,-126.1~ fee~ t°=an:iron'piPe;
thehce N. '26° ~9' 50" Iii..65.0- 1~ett
t0"land now 'Or lormerlY of Eorie;
thence alon~ said iand'nlow of' for-
merly of Home S. 520'67' 40" E.
1.25.'91 feet t~o said west~r!y 'line of
Vllla4~e 'Lane; .-thence along said
westerly line"of' Village Lane_ S.
26° 18' '~'50" W. 65.0- feet 'to'the~
· .
point or .place"of .beginning. '
,. .~ · .
DA~: 00~ 5, 1065; BY
~ W.. ~OND',
~POWN. CLER~. ' ltO15
COUNTY OF SUFFOLK. !
~ ss:
STATIC: OF N'£W YORK, }
· ...?~.[ ~...~.~...~....~...~ .~T. ~.~.... ~ing duly Sworn,
s~s that . .~... is Printer and Publisher of ~e SUFFOLK
~EEKLY TIMES, a news~per publish~ at Greenport, in s~d
county: and [hat the 'n. oti~, of which ~e ,anne~d is ~ printed
~py, has been published in. the ,,s~d .Suffolk Week~ Times
once in each w~k, for ...... ~:'~-. .............. week~
suc~ssiv~ly commencing on ~e . ~.~~
d~ of ...~ ..... 19~~~~
.. ...........
. } ~
Of ioutJwXd. 8u.ffo~ Coqmty. Ira/ Y~0 ~ du'Xy ~~~
it.'- & regu]uir meettug of the Southold Totr4 Boezd held on
D~g~r'~e-t~ to "B-20 iuoLueoo l)Lltrtet the. f~olX~fJ~j
that
of HeM ~~, bounded iud 4ioerlbed ii .fo~-~
Rood 36S. Og feet ein~:L¥ from
Bt. 36* 3't* 20" 1, 31~.0 feet; ~ fi..$3° Z6* 40'" S. 4-00,0
foet! thene~ S, 360 33' 20-' w. 390,0 feet! ~ I1, 53e
4'0" #. 400. 0 Mt to the point a~ Ftaee ov', "..L~ ...... .. , rT;:
2. By ehangLug .from "A" neeLMtLuX and
DLitr~Let. to "!" lVj~l DlttrLet t;~ljJ fo.iiait'LlMil ~t.bod
A3..]. 'chat .ee~rt4:...i.n iii pLoee or p4Lrael of 2.and aiM-to
and boLug
Suffo:Lk Cmlnt¥,
at tho Hamlet of Ortent, Tram of
b YozJr., bounded and deac~z.~ aa
3L.08.6 fe,~ m~t{mmrXy mX~ ~.Ad ~et~rXy X.~ fm the
v Xth -suAd ~eator]Ly XJ~. of V J,X~ Lane., ~A4 po~t of ~~".~il....i_-.''~,
be.Lug 'the ~mw *~to~rXy ~~--..,3r of ~Land now~
~ L 6~0 57 ' 40" #...X26. X2 feet ~o mn ~ron pA. po~.
of mom!
360 .~9, ~~0-"" B. &5.0 foe~ to :Land no~ or
1~dn~e &Xong* .~-Ld ;Land no~ or .foru~X.¥ of Home
O. 62° S?' 40~ L-X:tS, 9X fee~ to smAd wot~rXy XXne
of
14ne fl, 26° XS* SO*" w,-6$.O ~eet ~ the., poLnt oz p33ce
IiX (J) AtTIItl~VITi alp ~~ATxm To m ~ Cj,illr, 0 ii~XII
TCWN BOARD
September 28, ].965
P 2~ e s · n t::
SUPBRV]:SC~ LBSTER ,Ii. ALBBRTSOH
JUSTICE RALPH TUTHILL
,Y~STRICB HENRY CLARK
LOUIS DRMBRBST
COUMC ii,MAN HOWARD VALBHTINB
TCWN A~Y ROBBRT TASKBR
TGWN CLERK ALBBRT W.
S~iS(~t ALB. ~RT~O~: It see~s to be 7:30, 8.o ! wiii open the
bewaring b~ reading the legal notice.
'Pursuant to Seetion 265 o£ the Town L&~ and Article IX o£ the
Building Zone Ordinance of the To~n of Southold, Suffolk County, New
YoEk, public hearings will be' held by tke $outhold Town Board at the
Office ct t~e Supe~is.or, 16 South Street, Greenport, New Yozk~ in the
said Town on .-the 28th day of Septomber, 1965, at 7':30 P.M.,
(z.D.s. ?. )
o'clock in the evening of said day of the £ollowinq proposals to amend
the Building Zone Ordinance (~neludinq the Building Zone Maps) of the
Town of $outhold, SuffoLk County, New York.
"1. By changing from "A" Residential and Agztaultural District to
"B-2*' Business District ~he £ollo~tnq described property:
"Ail that -t~act or parcel of land at Azshamoamque, Town o.f Southold
County of
Su££o!k and State of New York, boundedk"~ and described as
follows: Beginning at a monument in the $O&therly line of Middle
(north) Road,
3'65.09 feet ~asterly
from it's intersection with the
easterly line of Chapel Lane; thence H. 36° 33' 20" I. 390.0 feet~
thence $. 53° 26' 40" g.-400.0 feet to the point' or place of beginning.
Containing 3.581 acres.
'Any person desiring to be he~rd on the proposed amendments
should appear at the thus and place spe. cl£ied.
"Dated September 7, 1965, By order of the $outhold Town Board,
Alber't w. Richmond, Town c!erk."
SUPBRVISOR ALBi3~~O~:
There ts an affidavit in the flld indicating
that publication was made ~ .this legal notice.
i wll! now read the
recoamendation of the Planning BOard.
"Oentlemen~ This is to certify that the following action was
taken by the $outhold Town Planning Board at a f~gular meeting held
on September 1, 1965:
"In the matter of the Petition of Irving L. Price, representing
Razus, Inc., for a change of zone of certain real property situated
in .Arsh~que, New York, form "A" Residential and Agriuultural
-3-
DLstr~ct to "B-2" Business D~strict, on the property of Rufus0 ~nc.,
as described.above.
The appl~ca.nt proposes to use this for the
eatabX tshment o£ a nu~s tng home.
"'The planning Board further, recommends that /'~e Town Board on
theit~
o~n ~~-ion change .from
Rem identia!
and Ag~icu. ltuzal
District
to "B-2" Business. District tlul remaining property over to Chapel Lane.
"Respectfully submitted, John Wickham, Chairman, $outhold Town
Ptannin9 Board..
SUPERVXS~ ~~BRTOOiJ: At this time is there anyone present who
wishes to be heard in fair of .this appli~ation?
IRViIK~ PRXCE, BSO~ My name is Irving Pricer I am the attorney
for the .owners and the contract purchaser of the property. X would
like to make it clear that there is no intention of using the present
bui. lding up. there.
That is going to be demolished.- .~he owners--the
pur~asers-propose to erect a 60 bed nursing home, 'to ~ost approxhsately
$300,000.00.
Xn addition to the rooms, there ,will be physical therapy,
recreational therapy, barber shop,: beauty parlor, c..~of'fee shop. X
believe
we all recognize the. need for a nursing home in the
heart,
and with. the coming of Hedi~are, there probably will be. even a
greater demand.
I believe that this will be a benefit' to the .communtttee,
and ~he people of Southold.
X point out that we requested the highest
zone use that can be put there for a nursing home.
SUPBRVXS. OR ALBBRTSON, Xs there anyone else present who wishes to
be heard in favor of this change of- zone?
(There was no r'es~nse. )
SUPER~BOR ALBBRTS.O~, .Is ~here anyone present who wishes to be heard
in opposition to the proposed ~hange of zone?
(There was no response. )
-4-
sums-mv' :s.
ALBRRTSOifz
anyone wish
C° be heard'on e way or
~he o~er~
(There was no response' )
8UPERVXSOit AI'BBRTS~= Hearing none, X wXX1 clOse ~he hearing a~
~hls t:Lme for ~he ~u~he= del~ratXon of ~he Board.
SUI~~XSOR ALB~'TSON~ X will no~ read the notice for ~-~e second
parcel of land.
"2. B~ Ch&ngmq from "A" Residential and Agricultural DXstE$ct
"All that certain tract or parcel of land s'ltuate, lying
and
be'lng at the Haml, et o£ Orient, Town of Southold, Su.f£olk County, New
York, bounded and described as £ollows:
"Beginning
at a point on the westerly llne of Village Lane
198.6 feet northerXy along said westerly llne ~' the intersection
formed by ~e notherly line of State Street with sa.t.d westerly line
of Village Lane,sa~d point of be~'Xnn:Lng being the northeasterly corner
of' land now or formerly of Young; from
said point
of beginn
runn ing'
thence N.. 62° 57' 40" W..-126.12 feet to an iron pipe; thence N. 26°
29' 50" E. 65.0 £eet to land noM or formerly of Horn.e; thence along
said land now or formerly of Home $. 62° ~-~' 40" E.-125.'91 feet to
said wes. terly line of Village Lane~ thence along said westerly line
o.f Vil.lage
Lane $. 26° 18' 50" W.-65.0 feet to the point or place
0£ beg inn Xng.
"Any person desiring to be heard on the propesed amendments should
appear at ~e time and place above specified.
"Dated~ September 7, 1965, By order of the $outhold Town Board,
Albert W. Richmond, Town Clerk."
--5'--
SUPBRVLSOSt ALBBRTS'OI~ The~e ~s an a££~dav~ ~n the f~le as
pr.oof of publ~ca.t~on of th~s legal not,ce.
! will now read the
report of the. Planning Board.
"Gentlement Th,s is to cert.~fy that the follow~ng .action was
-taken by the. $outhold Town Planning Board at a regular meeting held on
September 1, 196.5.
"In the matter of the petition of Alle~~ A. a Hazel E. Mlckle, of
Flushing, New York, for a change of zone from "A" Residential and
Agricultural Dlstr-.ict to "B" Bus,n-ess District on certain real pr~-
perry s ~tuated at Orient, New York, bounded and described as follows ~
(le~1 notice was not read again)
"It is hereby iBSOLV]~) .that the Planning Board faVorably recommends
to the T~ Board the change of zone from "A# Retidential and Agricultural
District to "B" Bus~ness Distr~ct on the property of Allen A. & .Hazel
E. ~tckle as described above, since ~hi$ property has had a histor~
of business use~prior to the adoption of the Ordinance.
"Respectfully submitted, /s/ John Wickh&m, Chairman, Southold
To~n Planning. Board."
SUPERVX$C~t Ai~i~TS~~ At this thae is there anyone present
-/.~,,.,:'_~_..~:--LwT~~ wh& w~shes to speak in favor of th~s change of zone?
GE(~GE A. McMAiN, JR.., ESQ. = Mr:. Supervisor, ! represent the put-
chaser.
Mr. and Mrs. Mickle have contracted to sell the property
that ~he change of zone is' being requested for.
sale is subject
to a change of zone from "A" Residential and Agricultural Distr~ct to
At the present t~me, Mr. and Hrs. Norklun are
the owners of the property to the North and west of. the property
in question, and on ~is. present ~pe'rty, Ar. Norklun conducts
carmen ter shop.
He has a non-conforming use, he is ~nterested in
buying ~his piec..e of property in order that he could discont~nue
the non-con fore. rig use and trane fer
to V~llage
Lane. This
property
was used fc~ business purposes for many years, it Just happen to
-6-
be used as a private ~es~den~-a~ the ~hne, the zoning-ordinance was
put thro~, and
not made business property. Hr. Norklun
stated at the r~st of the PI&riling Board , tel!ing them in writing
that he would discontinue his non-conforming business .on oyster
Pond Lane. I aaa stipulate for. the r. eco~.'~.,· that tn the event that
the Board f,inds -fit to grant the application, ! can stipulate
Mr. ~:['-,!{i., Norklun that he will discontinue the non-conforming use on
Opster Pond ~ane .
SUPBRVIS~ A~__R~__TSOM~ You can stipulate what Mr. Norklun will
do with the property, But
you can' t stipulate ~ wi.ii be
done with
the property when it passes out o£ his hands.
SUPB~IS~ ~~so~: is' there anyone eke-present who wishes to
be heard in favor of this application for a chagge ors,ne?
(There was.. J~no
response. -)
SUPERVISOR A~_.!~_TSO~ Is there anyone present who w~.ishes to speak
in oppos ltion to ~is application ?
(There was no response. )
SUPBRVlSGR ~TSO~.: Is there anyone present who wishes to be heard
one way or the other
(There was no r'esponse. )
SUPBRVlS-OR A.~~'TSOI~ He&r.i. ng none, ! will close .the hearing at
this time for the £uther de. liberation of the Board.
~w ::'~ ~'~ ~c~e ~ '~'of "~ '
~, ~d." ~: ~, Off~ Of t~. SuP-
-~ ~ ~~'~ B~ ~ne
.
~0~ C~~, N~ '~k.
~~~ue,. :,T~ :. ["~'. :~~ ,
10w:-- ~: ~.St · 'm~t m
the. ~uth~ :~"'~ ~~_ .~~)
~.0.~f~t; ~'N. ~' ~ '~..'w.
pr~~:
e~'~~'~d' ~ "~-.~ ~
m~~on f~~ ~ ~ ~ly
~.of' ~ ~. ~'~ ~.-
~:of v~ ~, ~-~-m ~-
E; ~.~ f~..~ '~d ~w,..~ f~efly
.~ H~;:.-:~~' .~- ~'. ~ now
~':.~~~, ~'. H~' S. ~, :57 ~ E.
· ~i. f~:~ ~' ~id. we~rly. ~' of
~e. ~e;' then~ ~~ ~d w~-
e~y lt~ of 'V~e,~e S, ~'.:..~ ~"
~W.. 65.0 f~ ~ t~ ~mt: ~ ~, ~
...' ..j': -...
~ ~t. t~ ~e ~. pl~ a~ve
,
~d ~~m~r .% 1~.'
By. o~er of ~ ~t~d ~~
AI~ W. Eic~ond, To~ Cl~k
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
¢. 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 .........................................
day of ..................................... ...//19 ..... V"
ee eeo eoeeeeeeeeeeeeeeeeeeeeeeoeeeeee oleo
Sworn to before me this ........................ day of
.....................0..000...000..., 190eeoeeoo.
AITELE PAYNf~
Notary Put;Ii'c, State or New Yom
Residing in Suffolk County
No. 52-304]O00
Commission Expires Mar.Gtl
to'amend thee ~zo~g ~~n~e
Pm'suant ~....~ct~n ~f: the
· ~n ~w ~d Artl~e ~f the
B~~.-_~~ Or~.-~f the
To~ 0~~, ~~jCO~-
tr, ~~, ~~e ~s~ wm
~ hel~::~ the ~o!d' Town
~rd ~me ~fl~ ~~ Suer-
vier, 16'~ Strut, ~en~,
New York, ~h ~e ~d-T~ on ~.e
~.~ .d~' of ~~m~r, 1~,
~:~ P. ~. (E.D~.~.) o'cl~k in
the evenl.~ of s~ ~y'on the
~o~~~ prowls ~ ~e~ the
~.iMin~ ~ne ~di~ce (includ-
t~ .the. :~~. ~ne m~) of
the ~~ ~ ~.uthold, S~olk
County, NeW Y~k.
1. ~y c~.~ ~~ "A" re-
sidenti~ district ~ "~2" b~tne~'
~flct the ,foll~~
pro~y:-
~l that trot or ~el~ of land
~t Ar~~~ue, T~ of ~uth-
01d, Co~ty of Su~~ ~. State
fo New York, ,~~ded snd d~rlb-
.mon~e~ in the ~~ly ~ne.
of ~.~le ~ofth)' ~ ~.~ feet
~~.rly' ~from l~ tn~~tlon
~th ~e e~rly line of ~~~1
~ne; ~ence N ~o
~.0 feet~ ~ce S. '~o ~, 40"
'E. ~.~ f~t; t~~ S. ~o 33,
~" ~ ~~ feet; ~ence N,
.-~' ~" W. ~.0 feet to the ~int
~ ~l~e'of ~l~~. Con~-
t~ 3.~,~-~es.
~, ~y c~t~ ~rom' ,A" ~si-
dent~ a~ &~l~.It~! ~strlct to
"~" '~slne~ .district the fol~w-
~ d~~ ~o~t~-
~ that ~e~ln ~i~e or par~l
of la~ slt~..ly~g ~d
at the ~et of ~ent. T~n of
~ut~ld. , Suffo~ ~~ty. New
York, ~u~ed ~nd d~rl~d
fo~ws~
~nnt~ at ~
westerly line of V~l~e ~~ 198.60
f~t~therly ~ng ~ w~.rly
.line from ~.e ln~r~tlon f~ed
by the northerly line of 'State
~treet .-~ ~ w~rly B~ of
Vill~e ~ne, ~d ~nt of begin-
.ning ~i~/~e ~r~eas~rly cor-
ner of 1,~' n~ or fo~erly of
~o~; from ~.id ~lnt of ~in-
ning ~n~g thence N. 6~° ~'
~" W. 1~,12 f.~t to~n iron ~ipe;
thence N. ~o ~, .~, E. ~.0 feet
to l~d now or fo~erly of Ho~e;
then~8 .~o~ S.~ ~nd ~w of for-
', merly of .Ho~e ~.
~ 1~..~1 f~t ~-~i~ ~s~rly 'line
Vill~e ~ne; ~e~e ~ong said
~s~rly linc'of ViSage Lane
~26~ 18' ~' ~. ~.0 f~t ~ the
';~int or p~ee of begl~ing.
Any per~n d~ifl~.to ~ heard
on the ~ pr~-d ~e~men~
.~o~d a~~. at the time and
place .a,~ve sp~ified.
der of the ~thold T~n Board
~rt ~. R~c~o'nd,
~n Clerk.
COUNTY OF SUFFOLK. !
~ ss:
STATE OF NEW YORK. j
· .-..~.'-~.~./)_[ ~ .... being duly Sworn,
s~ys that . .14~.'.. is Printer ~d Publisher of ~e SUFFOLK
~EEKLY TIMES, a news~per pub~ish~ at Greenport, in s~d
county: and ~hat the noti~, of which ~e, ,~e~d is ~ printed
copy, .has been published in the :~a.id Suffolk Week~ Times
once in each week, ~o'r ......... ~ ............. week~
suc~ssively commencing on ~e .........................
~e th~ .[.~~..... 1
to
~fore
CT~ .... ~.:. '- ' '
Nc. :, ,-. ~';0
-I
· -11/i /t
o'L~
lO'w.
400.0:
Southold Town Planning Board
_C;rlUTHFILD, L. I., N. ¥.
PLANNING BOARD
MEMBERS
John '~'/JcLham, Chairman
REPORT TO:
Southold Town Board
16 South Street
Greenport, New York
September 3, 1965
Gentlemen:
This is to certify that the following action was taken
by the Southold Town Planning Board at a regular meeting held
on September 1, 1965:
In the matter of the petition of Allen A. & Hazel E.
Mickle, of Flushing, New York, for a change of zone from "A"
Residential and Agricultural District to "B" Business District
on certain property situated in Orient, New York, bounded and
described as follows: Beginning at a point on the westerly
line of Village Lane 198.60 feet northerly along said westerly
line from the intersection formed by the northerly line of State
Street with said westerly line of Village Lane, said point of
beginning being northeasterly corner of land now or formerly of
Young; from said point of beginning running thence N. 62° 57'
40" W. - 126.12 feet to an iron pipe; thence N. 26° 29' 50" E.
- 65.0 feet to land now or formerly of Home; thence along said
land now or formerly of Horne S. 62° 57' 40" E. 125.91 feet
to said westerly line of Village Lane; thence along said wester-
ly line of Village Lane S. 26° 18' 50" W. 65.0 feet to the
point or place of beginning,
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 o~ Allen A. & Hazel E. Mickle as described
above, since this property has had a history of business use
prior to the adoDtion of the Ordinance.
/3m
Respectfully submitted,
John Wickham, Chairman
Southold Town Planning Board
S~ptember 2, 1965.
Southold Town Planning ]Board,
Southold, New York.
Attention: Mr. John Wickham, Chairman
Dear Mr. Wickham:
Pursuant to the Planning Board's request at their
meeting on September 1st, 1965, I hereby state that in the
event the Town Board changes the zone of the premises on
Village Lane, Orient, which I am purchasing from Mr. and
Mrs. Allen A. Mickle, from residential to business, I will
transfer any business to that location and discontinue the non-
conforming use of my premises located on Oyster Ponds Lane,
Orient, N. Y.
Thank you for your cooperation in this matter.
Very truly yours,
Antone Norklun
ERK
T~
ALBERT W. RIE:HMOND
TOWN
REBIBTRAR
SOUTHOLD, L. I., N. Y.
August 18, 1965
Mr. John wickham
Chairman, Planning Board
Cutchogue, L.I.,N.Y.
Dear Mr. Wickham;
The original petition of Allen A. & Hazel
E. Mickle, of Flushing, New York, relative
to change of zone from "A" Residential and
Agricultural District to "B" Business
District on certain property situated in
(~ient, 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.
aw /m
Very truly yours~
Albert W. Richmond
Town Clerk
CASE NO.: ...[...~...~ ....
ST.ATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF TIlE PETITION OF
FORA CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDI-
NANCE OF THE TO\VN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOXNN BOARD OF THE TO\VN OF SOUTHOLD:
We,
1. :f, ...A.1.J_.e.n../.~: ..&...H.g.z~.l..E]. ,..~.i.c..k.l.e ..... residing at . .1..4.9.~ 7.4. ,B.e.~cJl ~.v.¢ .... FJ-.tlshJ-ng,
Queens (insert name of petitioner)
:FO{It:~/I~ Comity, New York, the undersigned, am the owner of certaiu real property situated at
.O.r..i?.n.[,...T. own ............................ of Southold, and more particularly bounded aud described as follows:
ALL that certain piece or parcel of land situate, lying and being at the Hamlet
of Orient, Town of Southold, Suffolk County, New York, bounded ano described as
follows:
Beginning at a point on the westerly line of Village Lane 198.60 feet northerly
along said westerly line from the intersection formed by the northerly line of State
Street with said westerly line of Village Lane, said point of beginning being the
northeasterly corner of land now or formerly of Young; from said point of beginning
rnnning thence N. 62° 57' 40" W. - 126.12 feet to an iron pipe; thence N. 26° 29' 50"
E. - 65.0 feet to land now or formerly of Home; thence along said land now or for-
merly of Home S. 62° 57' 40" I~. - 125.91 feet to said westerly line of Village Lane;
thence along said westerly line of Village Lane S. 26° 18' 50" W. - 65.0 feet to the
point or place of beginning.
We
2. '}' do hereby petiti~h the Town Board of the Towu 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:
To change the use district of the above described premises from
"A" Residential and Agricultural to "B" Business District.
3. Such request is made for the following reasons:
The petitioners have contracted to sell the above described premises
to Antone and Eloise Norklun or Orient, New York, subject to this change of
zone being granted. Mr. Norklun wishes to maintain and operate a carpenter
shop on these premises and move the same from his present location adjoining
these premises. In effect, he would discontinue his non~corfforming use of
his present location if this petition is granted.
STATE OF NE\V YORK, )
) SS:-
COUNTY OF SUFFOLK, )
MICKLE
ALLEN A. MICKLE and HAZEL E. ] BEING DULY SWORN, depose3t and say~ that
they' ~ ..................................... nave
ll~:/~the petitionerSin the within action; tllattl~l~s read the foregoing Petition and knowg
the contents thereof; that the same is true to :~l::[~ro~:~ own knowledge, except as to the matters
thereh~ ~tated to be alleged on information and belief, and that as to those matterst heybelieve~ it
to be true.
Sworn to before me
this //'Z/day of ¢;1~ ~ 19...6.5.
.
GEORGE A. McMANN, JR.
NOT.A, i P' 'Z',IC, State of New York
N:.,..--2633535 Suffolk Count~
Commission Expires March 30, 19~/'~
CONSULT YOUR LAWYER .ORE SIGNING THIS INSTRUMENT--THIS IN. ~ ~tENT SHOULD BE USED BY LAWYERS ONLY.
THIS AGI~F-MF_.NT, made the ~%~ '~'~ day of ~ . nineteen hundred a~ ~y'flVe
~ ~, ~ ~e. ~ ~el~ at 149-~4 ~e~ Arena, ~. New Yor~
hereinafter descn'bed as the seller, and AI~I~I'(~I,E I~O]iLI~_I~IH ~ F-LO~SI~ IqOR,~F, aU~, his vt~e.
both reeldln~ at Orient. Town of 8o~thold, 9uffolk Czamiy. New York,
hereinafter described as the purchaser.
WlTNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece
or parcel of land. with the buildings and improvements thereon erected, situate, lying and be~
Soutl~lch $uffolk County, ltew York, bo~mded and dea~rllled an
'~~A that cert&in plot, piece or lm~eel of l&nd, vlth b ~ ~ ~
~ ~ of S~ ~ St~ of New Y~r~ ~ded ~d ~o~d ~ ~:
~r~ ~n~ ~ Oy~ ~ ~, N 28° 180 E. 1~. 20 f~; ~ ~ ~d
S. J~ 20* 50" W. 14~. 08 ree~ ~ ~ ~w or formerly of A~ W~; ~e ~
a~dbd~~Wq. ~of~ud~dofuidAsc~ N ~o 1Of W, ~.5~
f~ ~ ~ ~ o~ ~e ~ ~.
~G ~D ~TEN~D ~ BE th~ ~c p~el c~yed ~ ~ le~
~ of ~e~ at ~e 125.
This cmstr~ct Shall be fmbJeet to the sellers oMotntn~ a chaste of Bone
from 'iA" Relidentl&l and Agrieult~rsl to "B" hiness pursuant to the Bulldin~
Zone Ordinance of the T~vn of Southold. B~blk County. New York, for premises
described as Parcel I above described.
This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or
avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest
of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said
premises by reason of change of grade of any street: and the seller will execute and deliver to the purchaser, on closing of
title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of
any such award.
Thi~ cia#se
on ~e sioing of ~s contract, by check subj~t to collation, the receipt of which is hereby acknowledged;
T~ree tho~a~d fo~ h~dred twenty ($~. 420. 00) ............... Dollars,
in cash or good certified check on the dellve~ of the d~ as hereinafter provided;
Twelve thousand seven hundred ($12, 780.00) ................. Dollars.
by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or. at the option of the seller, a
note secured by a purchase money first mortgage on the above premises, in that amount, payable
monthly for a term of ten (10) years
together with interest at the rate of five ~ cent
per annum payable mo~ih/y.
Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title
Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchaser,
who shall also pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all
revenue stamps that may be necessary'.
If tpch ourchas~ money mortaaae is to he a
and s~bordinate to the lien of the existing mort_~,.'%~ , any extension~,.,,
thereof and to any mortgage or consolidated mortgage~ay be placed on the premises in lieu thereof,
extensions thereof provided (a) that the interest~of shaU not be greater than per cent...~,a~g~ and (b)
that, if the principal amount thereof s~lb.e'l~'~ed the amount of principal owing and unpaid on~.~s,~l"~i'isting mortgage at
the time of placing s~r of such purchase money
mortgage in ~h t .such p. ayine_~t _to _the
hold--under and shall further
~ and deliver any agree-
If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper
certificate executed and acknowledged by the holder of such mortgage and in form for recording, certi{Ting as to the amount
of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the
fees for recording such certificate.
Said premises are sold and are to be conveyed subject to:
I. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by
existing structures, or
2. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under
or above any street or streets on which said premises may abut.
3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
4. Any atat,~ of raters an accurate .,arvey ~y show provid~d ss~me doee not
render title unmarketable.
All notes or nogces of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart-
ments of Housing and Buildings. Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against
or affecgng the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of
the same. and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser
with an authorization to make the necessary searches therefor.
If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess-
ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge
or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including
those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and
to be liens upon the premises affected thereby and shall he paid and discharged by the seller, upon the delivery of the deed.
The following are to be apportioned:
(I) Rents as and when collec~e~ (2'1 ]'nt~r~,st ..... t ..... fi.i? Premiums on existing transferable insurance policies
or ~enewats ot mose expmng p.or to the closing. (4) Taxe~ and newer rents, if any, on the basis of the fiscal year for
which assessed. (5) Wate. charges on the basis of the calendar year. (6) Fuel, if any.
If the closing of the title snail occur before the tax rate is fixed, the ap~m'tit;nment of taxes shall be upon the basis of the
tax rate for the next preceding year applied, to the latest assessed valuation.
If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time
herein set for closing title, and the unfixed meter cha, rg.e, and the unfixed sewer rent, if any, based thereon for the intervening
time shall be apportioned on the basis of such last r~admg.
The deed shall be the usual II.reSin & iii&lc deed with covelllgl~t II~,~t 8'l'81ltor~i~ ~
deed in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the
proper amount affixed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said
premises, free of all encumbrances, except as herein stated, and shall also con~ain the covenant required by subdivision 5 of
Section 13 of the Lien Law.
At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the Director of Finance for the
amount of the Real Property Transfer Tax imposed by Title I of Chapter 46 of the Administrative Cede of the City of Ne,*'
York and w/Il also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the
authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the said return and to
cause the said check and the said return to be delivered to the City Register promptly after the closing of the title.
The seller shall give and the purchaser shall accept a title such as ~'12,' r'eput&ble title lllstirance
eom{many doing busin,:~,m in Suffolk County
. a Member of the New York Board of Title Underwriters. will approve and insure.
All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and
of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after
default by the purchaser under this contract.
All fixtures and articles of persona] property attached or appurtenant to or used .in connection with said premises are repre-
sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this safe;
without limiting the generahty of the foregoing, such fixtures and articles of personal property include phimhing, heating.
lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom
and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm
doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary.
The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obi/gated to pay and discharge,
with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the
option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with
interest and penalties thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may
be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the
balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title
instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording
or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees
to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to
facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances
shall not be deemed objections to title if the seller shall comply with the foregoing requirements.
If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or
similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank-
ruptcies or other returns are not against the seller.
In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller
will be to refund to the purchaser the amount paid on account of the purchase price and to pay thc net cost of examining the
title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any
survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract
shall be considered canceled.
The deed shall be delivered upon the receipt of said payments at the office of
The parties agree that
brought about this sale anti
Estate Brokcr~ in ~hc locality where
It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this
contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation,
neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has
inspected the buildings standing on said premises and is thoroughly acquainted with their condition.
This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs,
executors, administrators, successors and assigns of the respective parties.
If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be
construed as if it read "sellers" or "purchasers" wbenever the sense of this agreement so requires.
IN' VttfI-I~I'F_,,$S %VHF-,RF-OF, this agreement has been duly executed by the parties hereto.
presence of:
NOTE: FIRE I.,OSSF,~. This form of contract contains no express provision as to risk of loss by fire or other casualty
before delivery of the deed. Unless express provision is made. the provisions of Section 5 - 1 ~ 1 ! of the General Obligations
Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing.
CREDIT FINANCIAL STATEMENT AS OF t~ DEBIT
Paid on signing Contract ........................................................ Purchase Price ....................................................................
I st Mortgage ....................................................................... fusurance ..............................................................................
Int. from .................... @ ................ % ..............................................................................................................................
2nd Mortgage .......................................................................................................................................................................
Int. from .................... @ ................ %, ...............................................................................................................................
Purchase Money Mortgage ..................................................................................................................................................
Security on Lease ................................................................................................................................................................
I Taxes
Rent from ...............................................................................................................................................................................
Faxes .................................................................................... Water Rates .........................................................................
................................................................................................ Sewer Rents ..........................................................................
................................................................................................ Fuel .......................................................................................
~X/ater Rates ........................................................................................................................................
5ewer Rents ........................................................................... Total Debit ........................................................................
&ssessments ......................................... Total Credit .......................................
¥otal Credit ........................................ Balance Paid ....................................
Closing of title under the within contract is hereby adjourned to 19 , at
o'clock, at ; title to be closed and all adjustments to be made
as of 19
Dated. 19
For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned.
transferred and set over unto
and said assignee hereby assumes all obligations of the purchaser thereunder.
Dated, 19
THE OBSERVANCE OF THE FOLLOWING SUGGF_.STION$ WILL SAVE TIME
AND TROUBLE AT THE CLOSING OF THIS TITLE
The ..~I~.IJ_~,R should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and
water rates, and any leases, deeds or.agreements affecting the property.
When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing.
If there are mortgages on the property he should produce receipts showing to what date the interest has been paid; and if
the principal or rate of interest has been reduced, he should produce certificates of such reduction signed and acknowledged by
the holders of the mortgages.
He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each. and date to which the rent
has been IJaid.
The PURCI"I~I:'.R should be prepared with cash or a certified check drawn to his o,,sm order. The check may be
certified for an appr .e amount and cash may be provided for th ~ce of the settlement.
bJ
N, 64-' 19'00" ~
T~bo~
SCALE: SO'=I"
· · iron pip~
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