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HomeMy WebLinkAboutHass, Helmut Amend #80 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by Se&l~"h~'iPt Cor~Or&tion requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ~# ReS. & A4:~rte. .................................... District to "C" Indultr:~al 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 29th day of November , 67 .................... ................................................ 19 ........ , and due deliberation having been hod thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is g'r&l~ted. By Order of the Southold Town BOard Dated= December 26, 1967 Effective January 4, 1968. Albert W. R:[C[Y~mond, Town Clerk Town of Southold COMMISSION SETH A. HUBBARD----Chairman LEWIS N. POMPER--Vice Chairman Sut:t:olk County Depart:ment: ot: Planning THOMAS M. TNORSEN VETERANS MEMORIAL HIGHWAY HAUPPAGUE, L. I., N. Y. 11788 H. LEE DENNISON County ExecuNve December 26, 1967 Mr. Albert W. Richmond Town Clerk Town of Southold Main P~oad Southold, New York 11971 l~e: Adopted Change of Zone from "A" Residential and Agricultural District to "C" Industrial District, within 500 feet of the Inc. Village of Greenport in the Town of Southold. (Amendment No. 80) Dear Mr. Richmond: l~ursuant to the requirements of Section 1304 of the Suffolk County Charter, the Suffolk County l~lanning Commission has notified the Incorporated Vil- lage of Greenport concerning the above mentioned change of zone. Having received no adverse response from said village, the Commission will take no further action. '~ ry trul u k boreas M. T~orsen ~ ~' A'~ting Director of~l~lanning TMT:ec NQTICE OF ItE~INGS ~ Pursuan~ ~o Section 265 of the ~...~n] Law, and Article ~X o~ the Buil~~ Zone Ordinance of ti~e Town of Sout~ old, Suffolk Com'~ty, New York, p'ub~ hearings will be held by the Sou~holc~ Town Beard itl thc Office of the Super- visor, 16 South Street, Greenport, New York, in said Town on_the 29th day of November, 1967, at 7:30 o'clock in the evening of said day on the following proposals to amend the Building Zone Ordinance (including the Building Zone! Maps) of the Town of Southold, Suf-~ folk County, New, York. ~ 1. By changing from "A" Residential :, and Agricultural District to "B" Busi- ness District the following described.- property' All that certain real property situated, lying and being at Peconic, ~ in the Town of Southold, County l of Suffolk, and State of New York,~ and more particularly bounded and described as follows: Beginning at a point on the south-I erly l~ne of Middle Road, as widen-: Ali that certain real property sit- uated, lying and being at Greenport, :~!'i:in the Town of ~ ~thold, County of i,' :~: Suffolk, and Sta . New York, and more particularly pounded and de- c scribed as follows: :::~ Beginning at a monument on the :"northerly line of North Road, ad- joining land of the Village of Green- port from said point of beginning running along said land of the Vil- lage of Greenport three courses: (1) north 33°' 47' 30" west, 373.04 feet to a monument' thence (2) north 4° 23' 20" east, 154.46 feet to a monu- ment; thence (3) north 5° 46' 10" east, 114.80 feet to a monument; thence along land of II. J. S. Land · ~ Development Corp., three courses: (1) south 85° 12' 50" east, 92.12 feet; thence south 18° 51' 20" east, 356.15 feet, thence (3) south 37° 59' 20" east, 167.82 feet to a monument on said northerly line of North Road; thence along said northerly line, t~0 courses: (1) south 51 ° 17' 40" west, 157.10 feet; thence (2) south 52° 37' 20" west, 5 feet to the point or place of beginning. Containing ed, at the northeasterly corner of 2.03 acres. land of the party of the first part,~ 4. By changing from "A" Residential said point of beginning being about !and Agricultural District to "C" Indus- 1400 feet easterly along said south- . trial District the following described erly line from Carroll Avenue; frorn"property. said point of beginning running All that certain real property sit- along land of Cb. arles Hubbard and uated, lying, and being at Oreenport,. along land of Suffolk County, S. 23~ in the Town of Southold, County of 53' 30" E.--437.10 feet; thence alorg ~ Suffolk and State of New York, and land of the party of the first part, bounded and described as follows: two courses as follows: (1) S. 58~.. Beginning at the intersection of · 30' 30" W.--100.29 feet; thence (2) the west boundary line of the Vil- N. 23~ 53' 30" W.--439.53 feet to said l: lage of Oreenport, where the same southerly line of Middle Road (as l.. intersects the northerly line of these wldened)' thence northeasterly a-i '~. and other premises of Sealshipt long said southerly line on a curve' /Corp.' thence S. 64° 15' 30" W. 183.07 to the left, having a radius of 5789.5~ i ':'~4eet' thence southerly 15 feet, more feet, a distance of 100.0 feet to the ,~.. (.~r less, to ordinary high water mark point of beginning. Containing 1.00 ~!::i ~f peconic Bay; thence easterly a- acre [~ ,l'0ng said high water mark 40 feet, 2. By changing from "A" R, esi,dentia}.~~. :::~.~ ore or less; thence southerly along and Agricultural District to 'B' Bust-[~(:i:~. bulkhead 79 feet, more Or less; ess District the following describedt i'~:thence along a:~bulkhead 145 feet, property: t"" more or less to the corner of said All' that certain real property sit- uated, lyirg and bet~:~t ~reenl;~ort_, ~~ at a ~t on the south- erly side of Middle Road (C. R. 27) .bulkhead' thence northeasterly 75 .~t, more or less, to the south~ .:i::~b0undary line of the Village of flreenport' thence northwesterly a- .10rig the said south boundary line of ~e Village of Greenport to the :-.aforementioned west boundary line. 5! the Village of Greenport; thence northerly along the said west bound- (North Road) where the same is intersected by the westerly side of land now or formerly of Village of Greenport, which point is distant, 350.68 feet westerly from the corner. formed by the intersection of the: southerly side of Middle Road with the westerly side of Moore's Lane, and from said point of beginning, running thence along said land south 4° 01' 10" east, 1106.60 feet; running thence still along said land, south 84° 53' 30" west, 474.24 feet; running thence still along said land north 4° 06' 10" west, 830.50 feet to the southerly side of said Middle Road; running thence along the l southerly side of said Middle Road, north 55° or 10" east, 554.24 feet to! the point or place of beginning. ] 3. By changing from "A" Residential and Agricultural District to "B" Busi- ness District the following described ary line of the Village of Greenport, to the point or place of beginning. '!~y person desiring to be heard on. ~ of the proposed amendments should ~ppear at the time and place above '~peCified. ~ATED' NOVEMBER 8, 1967 BY ORDER OF THE SOUTHOLD TOWN BOARD- ALBERT W. RICHMOND, ~ 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 Zraveler-Mattituck Watch- man once each week for ..... ~5~...(.../.~... week) successively, commencing on the ............ /.,,.~. .................. ............ ~ i/'/- /:' / / ...... Sworn to before me this ........ X.'./.... ..... day of ....... :...~f'.~, ..... , 19....~..Y AOELE PAYNE ~lottlry Public, State of New Yo~I Residing in Suffolk County No. 52-3041000 Commission Expires March 30..:[9!P ~'/ LE, GAL NO'TI,CE ~N'OT I,C E ~ F ii~ M E~N,DM ENT ,OF Z',ONIN,G' ~R*DINAN,CE ,AMEN'.DM~T NO, 80 .~OTICE . IS HEREBY GIVEN, tl~t after ~a public hearing hek~' pur- suar~t to the requirements of law,' the Building Zone Ordinance, (in- cluding the Building ZOne Map) of the Town of S~uthold, .Suffolk COur~ty, New York, was duly .amend- e~ at ~ regular meeting of the South- old Town Board held on December 12, 1967 ,as follows: 1. By changing from "A" Resi- dential and Agricultural District to "B" B~siness District the following described property: Ail ~d~at certain real property situated, lying and being a.t Peconic, in the Town of Southold, Gounty of Suffolk, and Sta~ of New York, and' more particularly bounded m~d de- sc~~ as follows: Begim~ng at a point on the SoUth- erly ~ of Middle l~ad, as widen- :ed, at the northeaste}ly corner of la~' of th~ party of-the first part, said poin~t of .beginning beir~ 9~bout 1400 feet easterly .along said south- erly line ~from Carroll AVenue; fr~m i~'sa~d point of beginning running along land of Charles .Hubbard and alon~ lami of Suffolk COunty, S. 23° 5~' 30" ~.-43'/.I0 feet; thence ~ land. of the pa~ty of the first part,' t~o c~ as follows: (I) S. 58° 30' 30" W.-100.29 feet; thence (2) ~. 23° 53' 30" W - 439.53 feet, to said southerly line ~f Middle Ro~l (as widened), - thence northeasterly along said southerly line on a curve to the left, l~vtn~ a radius o~ $?.89.- 58 feet, a distance of 100.00 feet .to the point c~ b~~,~con~ining 1.00 acre. 2.' By chug from "A" Resi- dential and ~cultural District to "C" Industria~ District the following d~~bed property: All that certain real property situated, lyir~, and being at Green- port, in :the Town of Southold, Court- ty of .Suffolk and 'State of New Ygrl~, an~- bounded and described ns f0Hows: Beginaing at the intersection of the west .boundary line of the Vil~ la~e of Greenport, Where the' same ~rcepts the --~-nP-rtherly line of these and other premises of Sealsh~ipt C6rp.; thence ~. 64° 15' 183.37 feet; thence southerly 15 feet, more or les~ t~ ~ordinary hi~ water mark of Peconie ]~ay; thence east- erly alon~ sakl high Water mark 40 feet, more ~ .less, theuce southerly · along a bulkhead, 79 feet, more or leSs~ thence along, a bulkhead 14§ feet, more or less to ,the corner af said bulkhead; thence northeasterly 7§ .feet, more or less to the south boundary line ~f the Village of Greenport; thence ~ northwesterly along the said south boundary line of ,the Village of Greenport t~ .the aforemer~tioned wes~ boundary line of the. 'Village of ~reenport; thence no~herly a[.ong the said west bound- ary line of the Village of ~reenp(~, to the poin~ or place of beginning. DARTED: .DECF. MBER 1~., 1967, BY oRDER OF THE SOUT~OLD TOW~ BOARD' --~ ALRERT W. RICHMQND, TOWN CLERK ltD22 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss' ... ~ .~.c~..~,~.~~_ ... ~4..~.~.,.~. ..... be,ng duly Sworn, says that . .~.~. ~ is Printer and Publisher of the SUFFOLK WEEKLY TINfES, a newspaper published crt Greenport, in said county; and t~at the n'otic~, of which the qnnexed is ~z printed copy, Ires been published in the said Suffolk Weekly Times o,nce in each week, for ........ .~~ .............. week)~ successively commencing on the ..~.~..~~ ~~..~~ dayof. ~~~,~ ~,,.. . . ............ Sw,~rn to belore me th~s*.-.~.~.Tf~.... Public, Stole of New ~ No. 52-20~3890 of ~ a~ ~.LG, An ~ Town o£ ~ood. of ~ chazl~ '~d and otoug 1.~ of SuffoA~ 30~ A.- 437.10 ~eetj ~-~ &~ Land o£ t. bo ~¥ of t. be ~ to ~ left, c~y of ~uf~ ~ line o.f ~ Vl2L.~-of Oroempart., to ~e ~~~ ~ ~ o E MINUTES mm mmmm. m m mm m m SUUTHOLD TOWN BOARD November 29, 1967 PRESENT: SUPERVISOR LESTER M. ALBERTSON COUNC~ HOWARD VALENTINE COUNCI~N LOUIS DEMAREST JUSTICE HENRY CLARK TOWN ATTORNEY ROBERT W. TASKER TOWN CLERK ALBERT W. RICHMOND Helmut Has s i i _- Il 111! 111 John Geier Benson Telsev, sea!shipt corD. -2- SUPERVISOR ALBERTSON: It seems to be 7=30, so I will o~en the hearing at this time. "Pursuant to 'Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board in the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 29th day of November, 1967, on the foll~ng proposals to amend the Building Zone Ordinance, (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 1. By changing from "A" Residential and Agricultural District to "B" Business District the foll~ing described property: Ail that certain real property situated, lying and being at Peconic, in the Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: Beginning at the point on the southerly line of Middle Road, as widened, at the northeasterly corner of land of the party of the first part, said point of beginning ~ t~[ng about 1400 feet easterly along said southerly line from Carroll Avenue; from said point of beginning running along land of Charles Hubbard and along land of Suffolk County, S. 23° 53' 30" E.- 437.10 feet; thence along land of the party of the first part, two courses as follows: (1) S. 58° 30,~ 30" Wo-100.29 feet; thence (2)N. 23° 53' 30" W.- 439.53 feet to said southerly line of Middle Road (as widened) thence northeasterly along said southerly line on a curve to the left having a radius of 5789.58 feet, a distance of 100.0 feet to the point o f beg inn ing o Containing 1.00 acre. -3- SUPERVISOR ALBERTSON: There is an affidavit of publication in the file, indicating publication was actually made of this notice° I will now read the recommendation of the Planning Board: "Report to: Southold Town Board, 16 South Street, Greenport, New York, October 5, 1967. Gent]enen- This/s to advise you that the following action was taken by the Southold Town Planning Board at a regular meeting held on October 3, 1967: In the matter of the petition of Helmut Hass of North Road Greenport, New York, relative to a change of zone from "A" Residential and Agricultural District ~D "B" Business District on certain real property situated, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: (legal description was not read again) "It was RESOLVED that the Southold Town Planning Board does not favorably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural Dlstrict to "B" Business District, on the above described property: The Planning Board is not willing to recommend a business zone on the so~th side of County Road ~ 27, even under the circ~mstances described in the petition. It is the Planning Board's feeling that County Road ~ 27 should be maintained as a high-speed arterial without business build up except in areas such as Mattituc~, Southold, and the immediate vicinity of Peconic Lane, Peconic. As a matter of fact, Mr. Clarke, who lives on the north side of County Road ~ 27, about where this property is located, presented a request for a business -4- some time ago and we refused to recommend that o spot zoning question, if a small business zone vicinity, we can logically expect a tremendous area adjacent to this within two or three years. "Respectfully submitted, /s/ John W i ckh am, Town Planning Board." Regardless of the is established in this expanded business ' Chairman, Southold SUPERVISOR ALBERTSON: At this who wishes to speak in favor of the STANLEY CORWIN, ESQ.: My name time is there anyone present attorney for the applicant and in to say prel iminar ily that I am not would like to urge upon you all on this one, that they be granted. that the situation that presently road is one that we designate as a abolishment, or discountlnuance is relief sought in this petition? Stanley Corwin,, I am the two other cases. I should like going to spout any law to you. of these three application, presently I think that all of you are aware exists on the south side of the non-conforming use, and its being brought about by reason of that this is basically a spot the widening of the road. We realize zoning situation that could be granted for The type of business that has been conducted conditions Planning that the conducive to the situation the following reasons: there is in no way not a retail Board is concerned cause about. This is that anybody would be stopping off the road and a traffic problem. the manner which The conduction it exists is not going to health, of the bu~ness in safety, welfare, or merale of widening of the road t~e ~ounty east of the premises that we have adverse affect on the presently the Town. In the connection with the is going to exists on the east on construct a sump rezoned, and there are asking to be Mr. Hubbard which the operation of has existed for many years° On the south there is, even though it is an "A" district, the industrial -5- operation of the Long Island Railroad. Our feeling about ~his application, and the way we think X)~h~ you should consider it, this is where an exception should be made in the Ordinance. It's only sensible and fair to someone who has a non-conforming use which the County is ordering him to remove. If you have any~other questions would be glad to try to an~r them. In considering all the peeple of the Town, it is not going to have any adverse affect on anyone at all. There is no objection to my know lege from any o f the neighbors in the area. SUPERVISOR ALBERTSON: Thank you Mr. Corwin. Is there anyone else present who wishes to be heard in favor or this ]petition? (There was no response. ) SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard in opposition to the relief sought in this petition? (There was no response. ) SUPERVISOR ALBERTSON: Does anyone mish to be heard one way or the other? (There was no response.) SUPERVISOR ALBERT~ON: We will open the next hearing at this time, and th is is on property of John Geier. "2. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: "Ail that certain real property, situated, lying and being at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: Beginr~ng at a point on the southerly side of Middle Road (C.R. 27), (North Road), where the same is intersected by tl~e westerly side of l an~ n~, or formerl~ of Village of Greenport, which point is -6- is distant 350.68 feet westerly from the corner ~rmed by the intersection of the southerly side of Middle Road with the westerly side of Moore's Lane, and from said point of beginning running thence along said land south 4'~'' ~1' 10'~ east, 1106.60 feet; ~unning thence still along said land, south 84~' 53' 30" west, 474.24 feet: running thence still along said land north 4 06' 10" west 830.50 feet to the southerly side of said Middle Road; running thence along the southerly side of said Middle Road, north 55~' 01' 10" east, 554. 24 feet to the point o f beg inn ing. "Any person desiring to be heard on any of the propesed amendments should appear at the time and place above specified. "Dated: November 8, 1967, By Order of the Southold Town Board, Albert W. Richmond, Town Clerk. SUPERVISOR ALBERTSON~ ~here is an affidavit in the file indicating publication was ~ made of this legal notice. I will now read the recommendation of the Planning Board° "Report to: Southold Town Board, 16 South Street, Greenport, New York, October 5, ~967. "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting of the Southold Town Planning Board held on October 3, 1967. "In the matter of the petition of John Geier, North Road, Greenport, New York, relative to a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at Greenport, in the Town of Southold, County of Suffolk, and state of New York, and more particularly bounded and described as follows: (legal description was notread again. ) "It was RESoLvED that the Southold Town Planning Board does not favorably recommend to the Southold Town Board the change of zone -7- from District Residential on the above and Agricultural District described property. to "The Planning Board because the business application is unwilling to intended. is for the recommend the Planning Board wrong zoning for This change would teels the parcel in constitute s question is considered under this application. "B" Business th is change the type of pot zoning, too large to of and be Town "Respectfully submitted, Planning Board." /s/ John ~ickham, Ch airman, Southo%d zone be SUPERVISOR ALBERTSON: Is there anyone present who wishes heard in favor of the relief sought in this petition? STANLEY CORW IN, ESQ.: Supervisor, my name is Stanley Corwin and I am the Its very difficult to of the Planning Board. spot zoning on one hand, type of use intended on valid reason. They also wrong type of zoning for the significance of that th is Board is anything that have been to and Gentlemen of the Board, attorney for the refrain from commenting same sentence , they All in the applicant. and state the parcel is too on the remarks call it large for the the other hand. That in itself make the observation that this the purpose intended. I don't So far as a chmmge statement. concerned it has to be assumed that permitted on the "B" could be refering to some observation made urge upon you that there is would like to ~plication should be this granted by th is iR not a was the all the property in understand of zone as the business is ~ype zoning. They may in the applicatiun. property is unique of It is bounded on three Town. It is bounded on Greenport, and the road every valid reason why Board. This piece of the Town of Southold. property in the sides by the only un-zoned the Village of that the east, south, and west, by is own ed by the Village. None I of -8- property is zoned becuase it was acquired by t]~e Village and they have not seen fit to rezone ito This is to claS~fy the property as being adjacent to the lowest possible zone, ~hich is none at all. The adjacent pDoperty is being used for an industrial park. It's used for a water shed and the sewage system of the Village of Greemport. Possibly that circumstance itself won't be sufficient reason for the Town to zone this property. This is an important fact and 'one that you should, take into consideration. Equally important is the f~.ct that we have here a p/~e of property, 13 acres, which has been used as a similar type of Multiple residence for some time and the petitionor has plans for expansion of that use, which is the reason we made the application. have an alternative suggestion to the Board, if the Board feels that the type of zoning and we have applied for "B"' applied for is too drastic, Business. You consider on your own motion changing it to an "M" zone. That is all the present owner would like to have, but it would be an acceptable alternative to the "A" zone that is presently there° Mr. Geier is present this evening and he has been around amo~ng his neighbors and secured signatures that they have no objection and they are in favor of it. I am going to ask that he present that along ~ith his own remarks. There is no substitute for the owner being here and being counted for. This is a genuine petition obtained the hard way and you will understand it to be indicative of the on~ who secured it and the signatures on it. (Mro Geier presented the petition to the Board. ) SUPERVISOR ALBERTsON: Thank you Mr. Geier. We will put this in as part of the record. The following is the John R. Geier, North "We, the undersigned, of John R. Geier: -9- petition submitted by Mr. Geier: Road, Greenport, Lo Io are in approval of the zoning change request "Charles M. Leden, Moores Lane N. Gpt. 24 Nov. Carol Baker Leden, Moores Lane North, Gpto 24 A. G. Car lan Nov. 24, 1967 Joseph p. Oates, Jr., Grange Road, Southold, Nov. Kathleen~M. Oates, Grange Rdo, Southold, 11/24/67 Chas. Dougherty, North Rd. ,Southold 11/24/67 Fred E. Hulse, Jr o, 514 Bailey Ave., Gpt. Fred E. Hulse, Sr., Route 25, Greenport, N. Yo Mildred p. Hulse, Front Street, Greenport Edward M. Schied, Main Rd., Southold Austin C. Butt, 238 North Rd.,Greenport, N.Y. J. Po Oates George W. Schroeder, No Bay Rd., Southold J. Herbert Cassidy, Hobart Rdo ,Southold. John A. Sepenoski, Horton' s Lane, Southold Angelo j. Petrucci Joyce M. Butt, North Rd. ,Greenport, N.Y. Wo Van Mater, Bayview Road, Southold, No Y. Theodore H. Schroeder, Bayview,Southoldo Herbert F. Ka~in, Village Trustee, Greenport Adam Johnson, ~reenport, N.Y. Wm. Milles, Greenport, N. Yo Z. To Rysko, Cutchogue W. S. Zebroski, Jr., Southold, No Y. Albert Martocchia, 43 7th Street, Greenport John M. Kerbs, Southold 11/25/67 Margaret A. Kerbs, Southold 11/25/67 a~ a~ Lane, Anthony Corazzini,. Albertson Alec Ostroski, Southold, No Yo Leo Sledjeskl, Greenport, L. Daniel G. Conklin, Greenport, Fran3~ L. Barth, Greenport, Lo Corbett T. Jones,Jr., 57 Sound Rd., B. Hudson, 4 Middleton Calvin Peterson, 432 First St., Greenport Greenp~rt, N. Harry M. Monsell, 525 First St., ~dward W. Speeches, North Rd., Greenport, Walter C. Jester, 253 5th Aveo, Greenport Betty Conklln, 528 Sterling Place, Gpto Vida Unander, 18 Mlddleton Rd., Gpt. William John George A. Benson S. Telsey, George ?¥'. Hubbard, Arlene F. Hubbard, Ebeling, Arthur Greenport, No Yo Greenport, NoY. N. Yo ~ Ingelborg Ebeling, Box Robertina Braun, 6th St., Greenport William H. Braun, 6th Str,Greenport,, Cowan, 13 9 Sterling Ave., Greenport Simpson, 146 6th St., Greenport, N. ¥. North Rd., Greenport, N.Y. 176 Central Ave., Greenport, 176 Central Ave., Greenport, North Road, Greenport 1967 Nov. 176, Y~ 24, Greenport, 1967 1967 -10- MR. GEEER: I would like to let you know that I have told everyone of the people that have signed that petition what my intention is to do there. They are not in the ~ark as to what I wish to do there. They are in favor of it. S~PERVISOR ALBERTSON: These names are names of people in the immediate area ? MRo GEIER: Actually I should have marked it out° SUPERVISOR ALBERTSON: We can check it out. MRo GEIER: I thought that you would° The only one I didn't get a signature from ,~as the Spicer's, and there daughter said she couldn't anser for them. SUPERVISOR ALBERTSON: Is there anyone else present who wishes to speak in favor of this petition? BENSON TELSEY: Maybe I can. I have two pieces of property on the North Road and I have no objection to Mr. Geier putting in the type of operation he plans to put there° JOHN KERBS: I would like to speak in favor of this petition. One very good reason, as far as I am concerned I would like to see this property used in the manner in which~ntends to use it, rather than see 20 or 25 small homes put up in there. I think this would be much to the benefit of the Town~ SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard in opposition to this petition? (There was no response. ) SUPERVISOR ALBERTsON: Is there anyone present who wishes to be heard one way or the other? (There was no response. ) -11- the SUPERVISOR ALBERTSON: We legal notice of hearing. will open the next hearing by reading 'to at "3. By Chanlng from "A" Residential and Agricultural "B" Business District the following described property: "All that certain real property situated, lying, and Greenport, District being in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as fol 1 ows: "Beginning at a monument on adjoining land of the Village of running along said land of the the northerly line of North Road, Greenport; from said point of beginning Village of Greenport, three courses north 33 ~ 47' 30" west, 373.04 feet to north 4~ 23' 20" east, 154.46 46' 10" east, 114.80 feet a monument; thence (2) feet to a monument; thence (3) north to a monument; thence along land of H.J. So Land and Development Corp. , three courses: (1) mouth 85° 12' 50" east, 92.12 feet; thence south 18 51 ' 20" east, 356.15 feet; thence (3) south 37 59' 20" east, 167.82 feet to a monument on said northerly line line, two courses: (1) of North Road; south 51 ~ 17' thence along said. n=therly 40" west, 157.10 feet; thence (2) south 52 ~ 37' 20" west, 5 feet to the point or place of beginning. Containing 2.03 acres. "Any person des iring to be ments should appear at the time "Dated: November 8, 1967, Albert W. Richmond, Town Clerk heard on any of the proposed amend- and place above specified. by Order of the Southold Town Board° SUPERVISOR ALBERTsON: There is indicating publication was made of the recommendation of the Planning an affidavit in the file this notice. I will Board inthls case. now read -12- "Repot t to: New York, October Southol d Town Board, 5, 1967 16 South Street, Greenport, "Gentlemen: "This is to the Southold Town advise you that the PlanningBoard at a following action 'was regular meeting held taken on by October 3, 1957: "In the matter of the petition of Benson S. Telsey of Greenport, New York, relative to a change of zone and Agri~ttural District to "B" Business District from "A" Residential on certain property situated at Greenport, and more particular bounded~.~and described as follows: (legal description was not read again. "It was RESOLVED that the Southold Town Planning Board does not favor ably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District on the above described property. District to "B" BNsiness "The Planning Board is of the opinion it would be a mistake to establish a business of Greenport, and the zone adj oining the property residentially zmne property. of 'the Village This, of course, would be ~pot zoning° "The Planning Board also points out that the County Road will probably be subject to widening at some future date in this particular area° "Respectfully submitted, /s/ John Wickham, Ch a ir man, $outhold Town Planning Board° SUPERVISOR ALBERTsON: At this time is there anyone present who wishes to be heard in favor of the relief sought in this petition 2 -13- STANLEy CORWIN, ESQo: Supervisor, for the applicant behalf. He job than I here. arq Telsey is here is capable and artfuly attorney can. Our feel,,,,7of the observations again I am the attorney again is indicative of a real to speak on his own a road is going to be widened and he can do a better of the Planning Board the disapproval of a zoning problem° The rare reason more than 50 feet and is hardly a deep valid appl icat ion. this is 500 feet The reason. reason° They make the statement without I wouldn' t If this was in the middle of a current observation that case. This Village of for the be here in is support of the appl ication. property immediately for recommending Greenport. The property The widening wouldn ' t be here for Village of Greenport. That is hardly a batheing the building of raodso making any real residential area, property beach. But certainly That is not the bounded by property owned by the is in a low class sewage outlet and it is Village has used material from The beach is used as a public a res ldential More than that, th is certainly not piece of for the property down to fo~eeable Quemn Lane, which leads and all of future it Nmu~t won't be o directly across the street from the Town not make th is that is one of the few labor camps in that do Property We,~ .~ ask you recognize that there are problems there use. valuable. property for higher more consideration one-half desirable Take into the Board res/d ent lal Town, we just can't say to~, we in stop to because there mile from this labor camp would be is so little to take these facts into cons iderationo planning intelligently for this going to modify the zones, to tapper off every application for down-zoning property zoned business. If we are Ordinance, we should do it to establish buffer from residential zone to something else. Here -14- an opportunity to do that in an area where it No harm on the health, safety, welfare, or morals is the reason we have zoning the first place° favorable consideration. won't do any of the Town. Again we ask harm. This your SUPERVI$OR ALBERTSON: that property now or The property of Thompson and Bartlett, formerly of the Village of Greenport ~ STA/~LEY CORWIN, ESQo: Yes. BENSON TELSEY: I would like to add this to say. It is a Resldenital zOneo If we th is is not desirable to adjacent to, and a labor conducive to business o were to cut up these lots residential living with a camp across~ ~the stree~,& and build homes, sewage dispos al This property is SUPERVISOR ALBERTSON: Anyone else w~h to speak in favor of this application ? MR. GE/dER: I would just Board feels this is suitable Eastern Shores has enough to like to say this. If the Planning for homes, I can't go along with that. meet this area needs for the next five yearso He would have to compete with Eastern Shores He wou3,d have to cut his prices, and this is not what the community needs o $I~ If he had to cut his _ces the value would go down o ~UPERVISOR ALBERTSON: Anyone else w!shto be heard in favor of? (The~e was no response) SUPERVISOR ALBERTSON: Anyone wish to be heard oppos it ion tO this petition ? (There was no response. ) SUPERVISOR ALBERTsON: Anyone wish to be he ard one way or the other2 (There was no response. ) -15- this to at SUPERVISOR time by "4o By ItC Il ALBERTSON: reading ~he chaining from Industrial "Ail that Greenport, State of New York, "Beginning at Dlstrict certain real We will open the Town of the Village of legal notice of "A" Res idential the next hearing at hear ing o and Agricultural District the following described property s ituated, Southold, and bounded and intersection where the premises Greenport, other County described as line of these and 15' 30" W. 183o 37 ordinary high water along a bulkhead 79 145 feet, more or northeasterly the Village of of the west property. boundary 11ne lying, and be boundary 1 lne the said west of Suffolk and feet; thence mark 40 follows: boundary line of the same intersects of Sealshipt Corp.; southerly 15 feet, more feet, more or less; thence or less; t.hence along of said bulkhead; feet, more less to the 75 feet, more or corner less, Greenport; thence po int or place of the Village of of the Village of boundarly llne of begtnnh~o" to the south of the nor therly thence S. 64° or less, to smtherly a bulkhead thence boundary line of northwesterly along t]~e said south Greenport to the a for eme n t i on e d west Greenport; thence northerly along the Village of Greenport, _o the SUPERVISOR ALBERTSON: indicating publication was read the recommendation of Report to: Southold New York, October 5, 1967, Th ere is an made of thls affidavit in the file legalnotice. the Planning Board° Town Board, 16 I will now South Street, Greenport, "Gentlemen: "Th is is to the Southold Town 3, 1967: certify that the following action was taken by Planning Board at a regular meetlng held on October -16- "In the matter of 238 Main Steeet, Corpo for a change District to "C" at Greenport, in State of New York, follows: ~legal of the petition of Irving Lo Greenport, New York: relative of zone from "A" Residential Industrial District, on certain the Town of $outhold, County of and more particula.rly bounded descritpion Pr i ce Jr to Sealsh ipt and Agricultural real property situ~ ted Suffolk, and and described as was not read again. "It was RESOLVED that the Southold favorably recommend to from "A" the Southold Town Town Planning Board does Board the ct~nge of zone Residential and Agricultural District property: District on the a~mve described to "C" ][ndustria~ ~ "The Board agrees with the reasons for the change of zone as presented in the petition° Tow n "Respectfully submitted, Planning Boardo" /s / John W ickh am, Chairman, $outhold, SUPERVISOR ALBERTSON: At this time is there anyone present who wishes to be heard in favor of the relief sought in this petition2 IRVING PRICE, JR.: Supervisor an d Member s of the Board, my name is Irving Pr ice, attorney in Greenport. appear in favor of the petition° It's rather difficult to present in words know there is a map th ere o Th is application here tonight is the result of an accident or over-sight° The Village of Greenport 1947 put in effect the zoning Ordinance and the Zoning map° ~he mai ority of this property, which we know as Elsworth Oyster is in the Village and Plant, it was zmned Industrial° ~'n e n Southold put in t~eir zoning Ordinance and zoning map because a majority of the adjacent property was zoned residential, this was moned -17- also moned building up in the Town the building residential, but in three or four of Soutbold Was and 1/2 of the is residential. character ~sical a correction of an fully request that Board° as a result places. of that tl%ey split used as property The remainder of the The use of the a the property shell pit. This is 3/4 of In dus trial zoned and the rest property will not be changed; changed. It is will not be of the property On behalf of the petition over-sight. the reco~uendation of Uhe the Board follow the really respect- Planning SUPERVISOR ALBERTSON- to speak in favor of this Is there anyone appl ication ? (There was no response) speak SUPERVISOR ALBER TS~N: in opposition to this Ia there petition 2 anyone (There was no response. ) SUPERVISOR ALBERTSON: Is be heard one way or the other? there anyone (There was no respon~ e. ) SUPERVISOR hearings for the ALBERTSON: Hearing none, further deliberation of we the else present ~:ho wishes present who wishes to present who wishes tO will close this evening Board. * . , . ** . , L EGA L ,NOT ! C £ *' frOm. said' Poimt - of beginning g along said land of the Vfl- ,Noti~' of ,Hearings la~ of Gr~n~rt ~~ co~~s: (1) :O~~~P~I~ ~ Amend n0~ 33° 47' 30" w~t, 373.04 feet The Zoning O~inance to a m~~ent; thence (2) no~h 4° ~uant to ~ction 265 of the 23' 20" e~t, 154.46 f~t to a monu- TOWn *~w and ~icle IX of the ment; thence (3) ~rth 5° 46' 10" B~~ng Zone ~dinance of ~e~ ~st, 114.80 f~t to a mon~ent; To~ of ~uthold, Suffolk Co~ty, ~ thence aio~ land of H.J.S. ~nd & New york, pubUc hear~gs will be'Development .Co~., thr~ courses: held b~ the Southold Town Board (1) ~uth 85° 12' 50" east, 92.12 f~t; in the ~fi~ of the Supervisor, 16' ~hen~ south 18° 51' 20" east, 356.15 .South S~~t, Greenport, New York, 'f~t; ~en~ (3) south 37° 59'* 20" ~ said ,Town on the 29th ~ay o.f~ east, 167.82. feet to a monist on NOVember, 1967,. at 7:30 o'clock in ~said ~rtherly *l~e of North Road; the evenin,g of said day on the fo1- ~, thence along ~aid northerly l~e, two lowing proposals to amend the ~ur~' (1) sou~ 51° 17' 40" west, B~ldi~ Zone ~nance (inctud~g ~ 157.10 feet; thence (2) south 52° 37' ~ B~di~ Zone Maps) of the 20" w~t, 5 f~t ~ ~he point or place LK, ] )RK, ss: J being duly Sworn. Printer and Publisher of the SUFFOLK tewspaper published at Greenport. in said notice. ,of which the ,annexed is printed ,shed in t'he s=id Suffolk Weekly Times District to "B" Business District the following, described' property: · Ail that .ce/~tain real property sit- uated, lying and being at Greenport, 'in the Town' of ~ Southold, County of Suffolk, and .State of. New York, and more particularly bounded and ctescribed .as ..follows: 'Beginning at a point on the south- erly' aide Of Middle Road (C.R. 2?) (North Road) where the same i~ in- tersected by. the westerly side of land now or formerly of Village of Greenport~. which point is distant 350.68 feet westerly from the cor- ner forme~-b¥ the intersection of the southerly side of Middle Road with the westerly side of Moore's Lane,. and from Said point of begin- ning, runnir~g thence along said land. south 4° 01~'~10~' east, 1106.60 feet; framing thence still along said' land, south 84° 53' 30" west, 474.24 feet; running thence still along said land north 4-o 06' .10" west, 830.50 feet to the southerly side of said' Middle Road; running thence along the southerly side of said MiS'dle Road, north 55 ° 01' '10" east, 554.24_feet to the point or place of beginning. ~ 3. By changing from "A" Rest' dential and Agricultural District ,Io :~'.'B''~ Business District the. follow- ing described property: All that certain real property situated, lying and being at Green- .port, in the Town of Southold, Coun-. ty of Suffolk, ,aa~ State of 5few York and-more particularly bound- ed anal describecl as follows: · '~ .~eginning. at a monument on the northerly line 'of North Road, ad- joining land of the VilLage of Green- . _ ~ Any person desiring to .be heard ox~ any-of the proposed amendments should .appear at the time and place above 'specified. . DATED: A~O~MBER' 8, 1967, BY ORDER' OF THE SOUTHoLD TOW2~ BOARD ALBERT W. RICHMOND, TOW2q C!.ERK 1 tN 17 Uated, lying and being .at Peconic, 'port,. in the Town of Southold', in the Town of Southold, County of County of Suffolk and State of New Suffolk, and Sta;te of New York, and .' York, and bounded arid described as. more-particularly bounded ar~:l' de-"follows: sc/'ibed as follows: t:. Beginning at the intersection of Beginning at a point on the'the west boundary line of the Vii- southerly line of Middle Road, as .lage of GreenPnrt, .where the same. - wid~ued, at the northeasterly cor-. intersects the nor~herl.y line of these ner of land of the party of ~he first'and other premises of Sealshipt part, ~id' point of beginning being! o , .,. i Cor,p.; thence S. 64 15 30'~ W. 18.7.- ia.bout 1400 feet easterly along said!37 feet; thence southerly 15 feet,! southerly line /rom Carroll Avenue; I more or less, to ordinary high w~ter { from said point ~of begi~_ning running mark of Peconic Bay; thence east- along said land 'of 'Charles Hubbard ' erly along sai, d' 'high water mark 401 and along land of Suffolk County, S. 1 feet, more or less; 'thence s0utherly' 23° 53' 30" E.-437.!0 "'feet; thence-, along a bulkhead 79 feet, more or along .land .of the party of the first ,.less; thence along a~ bulkhead 145 part, iw° courses'.as follows', (1).:_S. i'feet, more or less to the corner of 58°- 30' 30'~i W.-100.29 feet; ihence'.said. bulkhead; thence northeasterly (2)-. N. :23° 53' '.:.30" ~:W.~439.53 feet 75 feet, more'or less to the south to' '~ai,:~ Southerly line of Middle boundary line of the Village of. Road (as widened); thence, mort~- '14~reenport; thance northwesterly easterly .alo,ng said .southerly. line on, along' the Said boundary line of-'the , a curve to the.:.left,, having a radius ~"Village o.f GreenP°rt to the afore- ~of 5789.58 feet, a diStance of 100.0'mer~tioned west boundary line of feet to the point of beginning, Con-i · raining 1.00 acre. ' {the Villa,ge of Greenport; thence,{ northerly along the said boundary 2. By cha~ging from "A" Rest-l line .of the Village of Greenport, to dential District and Agricultural the poknt or place of beginning. Towr~ of Southold' Suffolk Co.unty, 'of beginning. Containkng 2.03 acres'. { .../~,~~.. week ~ew York. I 4. By changing .from "A" Resi-! ~1' .... " . .............. 1. BT. changing from "A" Resi- dential and Agricultural District to l dontial ar}:l' Agricultural Dis~iet to "~" Indus~ial Dist,rict' the follow-t¢[ll'q' on t~ho . .. "B'" Business District the following lng aeseribo prO, cry. 19.1 : described propertT: ! Ali that certain real· property sit- ~11 ~_at certain real'proper~¥ sit-~ uated~ 17lng, and being a~ Green- lfot%ee ~£ Hoar~ On propoaalm to ~d The Zon~ Ord*, ~nCe Puzl~t ~o Sec~t-on 26S o£ ~he ~ Lay and ArtXele ZX of ~e ButXdlng Zoue Ord_~n~ce of ~e bn of oouthold, su£foX~ ~ County, lfeM York, pubX~ hear~~ja w~A:L be heXd bM the ~thoXd . Town Board la ~e Offt~e of ~he Superv~or, 16 ~S~~ streot0 ereenpor~, Hew York, ~n said '~ovn on the 2Ot~ day of~ 1967, a~ 7, 30 o*cXoe~ Ln ~e ev~~ of said day on · he £oXlouLug pro~a ~o amend ~he ]Ju.~l~~g Zone OrdAnance (lnelud.tng ~he ButXdtng Z~ Mat~) of ~he Town of $ou~hold0 Su£foX~ Count,~, Is~ York. l, BM ~g~ng fr'm 'A'* ~ ~Reat~nt~ and Agricultural. ALt that cem.J.n reaX property e:L~ted, .and be~ at Peeontc, ~n ~e Town of Sou t hold, Cou_nt~ of suffoXk, ~d S~a.~. of lfew York, and more partl~ul~:L¥ bounded and de~.lbed as folio,e, Beg~~~ at a point on ~e oou~~ly lane HAddle lt~d, al w Ldoned, at ~e nor~m~er'ly ~omr of :L~d of ~he par~y of ~e £~ret ~., oaLd po~t of about 1400 £eet eu-t~rly along said from Carol.1 Avenue~ from beg~~g runnLug ~J, ong land of C~lea lsnd of 8uffoX~ County, $, 23~ 53' 30" ~ 8Aong land of ~e par~y o£ the courses .as fo!lou., (1) S. $8' 30' 30' then~ (2) N. 23 ~ $3' 30" said point of ~rd and along B.- 437.10 ~'wo w. - 100, 2 9 £eet ~ W.- 439. S3 feet to saJ. d a~~herly *! Legal lane of ~ddXe load aXong oa%d · radAus of IS780. ~ ( wXdenod) } po~t of bog~nnLu~. a dAe~e of, to the left, 100. 0 feet to ~e o proper~¥. RewXdentLuX nd AgrXeultural DXlt, rXC~ the ~ser-ibed AXX ~t eertaXn reaX of Suffolk, and fi'tare ef Hew bounded .and do~r~bed the -Town of SOund. County follows, BogXn~iBg at a poXnt on Road (C. Road) vhe~ ~ e~ Xo or f~lY of .X~d no~ of VXlXage of eroen,~, whLeh po~t ~ d!s~ant feet Mea~:Ly from ~ corner foru~d by of ,~e sow~erl¥ s Xde of mXdm of lto~*m Line, end 350.68 the in~ermec~cXon Road vi~h the wewterly aaXd po~t o£ begLnn.tng, nJaig ~ along !Ja:l.d land south 4° OX* 10" cut, 1106.60 feet; runn~ thonee lt111 along oaXd land, wou~h 84' 53' 30" ~emt, 474.24 feet r running then~ wtXXl aXong wa%d 06' 10" west, 830.50 £eet ~o the oaLd #Ldd2.e southerly~ wX&m of w%do Roadr runnl~ thonee aXoag the Road, n~ 5S° 0~' 10" touthtrly bet to the point or pxa of' begXnJ~nv. the v~~ ~ eeuroom (%) notch 3~' 4'7' ~ 13t)eervh. 4~ 4i* %0" ~, LL4.80 Ltnd Of H.;.t. Land& (%) ---,,.LJ' SO" ()) ~, )7'~ SO* 30" sar* 37' ~" Vlelr~, S 1), 3~NTt E]FFII3E El,-':-T.n,~,VN ~LERK TOWN rT? Fit3 FTFIDLD 8OUTHOLD, L, I,, N. Y. November 10, 1967 NOTICE OF CHANGE OF ZONE - SOUTHOLD TOWN Please be advised that the Southold Town Board will hold a public hearing on November 29, 1967, at 7:30 P.M., regarding a change of zone from "A" Resid~tial and Agricultural District to "C" Industrial district on property adjoining the Village of Greenport, as described in the attached legal notice. Kindly sign the duplicate copy of this letter acknowledging receipt of the attached notice of hearing and return to this office in the self-addressed envelope enclosed for your convenience. Yours very truly, Albert W. Richmond Town Clerk nWR/~d Eric: cc: Greenport Village Board Suffolk County Department of Planning Signature of Recipient SOLITHE3LD, L. I., N. Y. November 10, 1967 NOTICE OF CHANGE OF ZONE - SOUTHOLD TOWN Please be advised that the Southold Town Board will hold a public hearing on ~Iovember 29, 1967, at 7:30 P.M., regarding a change of zone from "A" Residential and Agricultural District to "C" Industrial district on property adjoining the Village of Greenport, as described in the attached legal notice. Kindly sign the duplicate copy of this letter acknowledging receipt of the attached notice of hearing and return to this office in the self-addressed envelope enclosed for your convenience. Yours very truly, Eric: cc: Albert W. Richmond Town Clerk Southold Town Planning Board SOUTHE]LD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wickharn, Chairman Henry Moisa Alfred Grebe Willtam Unkelbach REPORT TO: Southold Town Board 16 South Street Greenport, New York October 5, 1967 Gentlemen: This is to certify that the following action was ~ken by the Southold Town Planning Board at a regular meeting held on October 3, 1967: In the matter of the petition of Irving L. Price, Jr., of 238 Main Street,Greenport, New York, relative to Sealshipt Corp., for a change of zone from "A" Residential and Agricultural District to "C" Industrial District, on certain real property situated at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and more particulay bounded and descn~0ed as follows: BEGINNING at the intersection of the west boundary line of the Village of Greenport where the same intersects the northerly line of these and other premises of Sealshipt Corp.; thence S. 64° 15' 30" W. 183.37 feet; thence southerly 15 feet, more or less to ordinary high water mark of Peconic Bay; thence easterly along said high water mark 40 feet, more or less, thence southerly along a bulkhead 79 feet, more or less; thence along a bulkhead 145 feet, more or less, to the corner of said bulkhead; thence northeasterly 75 feet, more or less to the south boundary line of the Village of Greenport; thence northwesterly along the said south boundary line of the Village of Greenport to the aforementioned west boundary line of the Village of Greenport; thence northerly along the said west boundary line of the Village of Greenport to the point or place of begining. It was RESOLVED that the Southold Town Planning Board does ~ favorably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "C" Industrial District on the above d~scribed property. Southold Town Board -2- The Board agrees eith the reasons for the change of zone as presented in the petition. Respectfully submitted, ~ohn ~¢kham, Chairman 8out.hold ~om ~lannin~ Board cc: Town Clerk FIFF ALBERT W. BICHMBND S~]LITHDLD, L. I., N. Y. September 13, 1967 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.y. Dear Mr. Wickham; The original petition of Irving L. Price, Jr. of 238 Main Street, Greenport, N.Y. relative to Sealshipt Corp- oration's request for a change of zone from "A" Residential and Agriculural District to "C" Industrial District is in the files in the office of the Planning Board at Southold, N.Y. 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 you~, Albert W. Richmond Town Clerk August 14, 1967 Hon. Lester M. Albertson Supervisor of the Town of Southold 16 South Street Greenport, New York Re: Application of Sealshipt Corporation for Change of Zone Dear Sir: Enclosed is the petition of Irving L. Price, Jr. relative to Sealshipt Corporation's request for a change of zone of property abutting the west boundary line of the Village of Greenport. I have talked to Mr. Price and he has agreed that the description of the premises be changed as shown. The petition can now be referred to the Planning Board for its recom- mendation and report. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures Supervisor, Town of Southold, South Street, Greenport, New York. Re: Sealshipt Corporation Gentlemen: August 1, 1967. I enclose herewith the original and duplicate of petition for change of zone as described therein and as shown on attached survey, together with my check to your order for $25.00, the usual fee. I am enclosing the duplicate in the event you wish to give the Village of Greenport a copy pursuant to Section 264 of the Town Law. Awaiting further word from you, I remain ILP:SD Enclosures Ver~ours, CASE No.: . I STATE OF NE\¥ YORK TOWN OF SOUTHOLD PETITION IN THE MATTER OF THE PETITION OF FORA CHANGE, MODiFfCATiON OR AMENDMENT OF TfIE BUII,DING ZONE ORDI- NANCE OF TIldE TOWN OE SOUTItOLD, SUFFOI,K COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Irving L. Price, Jr. ...................................... , residing at .2.3.~..M..a.~.n...~.t?.e..e.t~..G..r.e..e.n.p..o.I:t.,..New York, (insert name of petitioner) agent for S EALSHIPT CORP., the Suffolk County, New York, the nnderslgned, am tbe/oxvner of certain real property situated at Greenport, New York ...................................... and more particularly bounded aud described as follows: Beginning at the intersection of the west boundary line of the Village of Greenport w~__~i6~oa~e intersects the northerly line of these and other /p~emises of~ thence$~. 64° 15' 30" ~? 183.37; thence southerly feet , more or less, to ordinary high water mark of Peconic Bay; thence easterly along said high water mark 40 feet, more or less; thence southerly along a bulkhead 79 feet, more or less; thence along a bulkhead 145 feet, more or less, to the corner of said bulkhead; thence northeasterly 75 feet, more or less, to the south boundary line of the Village of Greenport; thence northwesterly along the said south boundary line of the Village of Greenport to the aforementioned west boundary line of the Village of Greenport; thence northerly along the said west boundary line of the Village of Greenport to the pc~at or place of beginning. 2. I do hereby petition the Town Board of the To~w~ of Southold to change, modify and amend the Building Zone Ordinance of tbe Town of Southold, Suffolk County, New York, including the Building Zone Maps beretofore made a part thereof, as follows: Change zone classification of abo~e described premises from Residential and Agricultural District to"C" Industrial. Such request is made for the folloxving reasons: Above described premises (shaded red on attached survey) are about one-third of a large tract located on west side at foot of Sixth Street and Peconic Bay in the Village of Greenport. However, the above described premises are in the Town of Southold and the bound;ary line with the Village actually intersects the large building thereon erected. Premises are, and for upwards of fifty years have been, used as an oyster plant. The Village part of premises are zoned industrial. The Town part is zoned residential and thus the present use of Town part is a non-conforming use. Of The use will not be changed, but would make for uniformity th e zoning ordinances of the two municipal corporations involved. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) IRVING L. PRICE, JR. .............................................. , BEING DULY S~VORN, deposes and says that he is the petitioner in the within actiou; that he has read the foregoing Petition and knoxvs the contents thereof; that the same is true to his (kh~i0 own knoxvledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters be believes it to be true. (L. S.) . Sworn to before me this 1st day of August 19 67 ..... .... ... Notary Public. sion Expir~ lltrefl 30, 19...~./ MAp O'l:- eUFZVay~D r AkiD F 0 17._.. 'x. diO[2 ub~v yor~~ WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..~f~.~..~..jg....H~....~.~.~...~.~..~...~.~..~....G.~.`~.~.~.]~-.~* requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ....'~A.~...~a.o...&.,~r,]b=,, District to ....... !!B!t.,~l,~J,l~as ........ District the property described in said petition, and WHEREAS said petition was duty referred to the P'lanning Board for its investigation, recommendation and report, and its report having been flied with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...2~Ji, ....... day of ........... J~l~l:~. ................. , 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 granted. By Or,er of the Southol~ Town ~oard Date~ December 26. 1967. Effective as of January 4. 1968. Albert W. Richmon~. Town Clerk Town of Southol~ L£GAL !NOTI;.~..E ,OF ~MEN,DME'NT ,O F :~:0N I N,G ,O .,D I N ,AM ENDM ENT ' NO. 80 1;~tl; ~ter st ,pubhc heann~ ._.he ~ pur- suant to .-the ~~' of law, the BulldOg Zone Ordin~ce, (in- cluding the Building"~one Map) the Town of- Sauthold, .SUffolk County, New York, was .duly amend- e:~ at a re~lar mee. ting of the South- old Town Board iteld on December 12, 1967 ,.as follows: 1. By changing from "A" Resi- dential and Agricultural District to "B" Dusincss District'the follawiag described property: All ~t certain real property_ situated, lying .ann being at Peconic, in the Town of Southold, su£fom, ann state of New Y.ml~, .and more ~avticulariy~-'bo~ded' mia de- seabed as folloWS: ,- Begirming at a point on .the south- er~y ~e et Middl~ Road, .~ widen- ed, at the 'north~ly corner lam:[ of the party o! the first part, sa~d point of ~lnam~ t~~ about 1400 feet easterly, along said south- erly line from Carton' Avenue; tram said point' ~)~ beginning -running', along ~ana et C~~-'.HU~bara'ana alontl land o! Suffollt county, S. 2~° 52' $0" I!I-4~.10 feet; thelac~ along ~and oi the party el the first part, tw~ cauzs~eas, follOWs: (I) 'S. '.58 ° ~0' SO" ~00:29-feet; thence. (2) N. 2~° $$"~" W - 4~9.$3 feet, to said southerly line Of Middle_' Road' (aa widened), then~, no~easterlyl along said southerlT.~llne On a curve to .the left, l~ving a tadius~ot $?.89.-. 58 feet, a distance o! 100,~ feet .to the point'et beginning,' containing 1.00 acre. 2. By c~a~~ from "A" Resi- dential and Agricultural District to "c" Inaustrial District-. the ;following' dt, sc~~ Uix)perty: All that certain real-proPerty" situated, lying, and being at Green- port, in the Town of SOuthold, CoUn~ ty of Suffolk and-~tat~ of New Yar~, ann bounded and deserib .ed' as follows; Begirming a[ .the-inters~tion the west ..boundary line o~' the Vil- lage o! Greenport, where, the same intercepts the northerly line o! these _ ann other pr~mises, of Sealshipt Corp,; thence S.· 64°lli' 30" W,- , 183.$? feet; thence southerly 15 feet, more or !ess, ta ordinary high water mark of Peeonic Bay; thence east- erly along said high water mark 40 , feet, more or less, thance Southerly .along a bulkhead,. ~9 teet, more or less; thence a!6ng a: b..u!khead 14~ feet, more or. less to the corner said_:~;bmkhead; thence northeasterly 75 Ieet, more or les~ to the. ~outh boundary lin~ ~)~ the Village of Greenport; thence-northwesterly .along the said south boundary line of ,the V_iHag& of G~port ta ~he aforementioned wes,-boundary line of the Village of Gr~. nport; thence northerly alo~ the said west bound- ary line of the. Village of Greenpart, to the point or place' of beginning. DA:TED: DF~EMBER 12, 1967, BY · ORDEI~ OF THE SOUTH OLD TOWTN BOARD · ALBERT W; RICHMOND,. TOWN c!'li"~ 'ltD22 ,, . _ COUNTY OF SUFFOLK, 1 STATE OF NEW YORK,jl' ss: ..... ' .... P' (~ -'- "tinter and Publishe~ of the SUFFOLK says that .. ~.'~~.:, ~ ~ WEEKLY TIMES, a newspaper published at Greenport. in said cou,nty; and that the notice, of which the annexed is a printed eop¥. Ires I:~en published in t'he s~d Suffolk WeekD/ Times _ ~-7~~ ...... weekX once in each week, tot ...................... successively commencing on the · ~¢, .f~C..'T'~.~. ~ Sw,~n to before me this .'~.& :'~~'""~ soy of · · ® · · · · · · · · · · · ~ · · · · · ·· CORNELIA C. I:~ I~etarf Public, Stole of bl.,~ No. 52.2093190 Quollfled I~l Svffolk ~ STATE OF COIJNTY OF NEW YORK: SUFFOLK: SS ALBERT W. York, being duly one years; he affixed true RICHMOND, of Southold, sworn, says that he is that on the a notice of copy, in a Town of Sou thold, New over the age of twenty- place in which the December 196 7 pr oper and annexed pr in ted notice is a subs tan tia 1 manner, in a most public the Town of Southold, Suffolk County, New York, to wit: !Sworn to before i this .... 26th day Decembe~ me of 1967. AMENDMENT N~ ~/ NOTICE ~:HEREBY G~, tliataf- ~ter a publie;~ held Imrsuant ~tothe requiremen~:~f:law, the BUtldtn~ Zone Ordinance, ~ ~including the Building Zone Map) of the Town o~ Southold, Suffolk County, New York, was duly amended at a regular meeting of the Southold Town Board held on Decem- ber 12, 1967, as folloWs. '1. By changing from "A" Residential i and 'Agricultural-District to "~" Busi- ness District the following described! property' · All that certain real property situated. ~lYing and berg at Peconic, in the Town -of Southotd. County of Suffolk, and State of New York, and more particu- larly .bounded and described as fonows' Beginning at a point on the southerly line: of. MM~e 'Road. aa;'.~~, at ~the northeasterly corner of:la~q of the part~ of the first part, said potnt of beginning being about 1400 feet along said southerly nne from Carro~ AvenUe; from said point .... of running along land of ~les land o~ Suffolk ~uth-'., of Middle Road (~.s widened), thence northeasterly along said llouth- 'erly.~line on .a curve to the i left, ha~~, a rgdius of'5789~58 feet, a distance' i~.0 feet t~. the poing of .~l~~ng 1.00 acre. . , and Agricultural District-to "O' In-, dus~ial District the following deacrib- · ed- propert7 · ~Ail thah:~ertain real property .situ- ate~:, lyin~ and being at Grean~~, in'the Town of ~outhold, Ooun~ o! ~Suff01k and 8t~ o!-New~Yor~ and. . · bounded and described as follows: Be~ at the in~~~ o~ the: we~~ lxnmdar¥ line of the Vill~e of, ~~~, Where the aame tn~cts the .northerly line, o! th~ and~ other~ pr.~ o~. Se~p~ :Corp.; thenoe ~ 1§'~ .30'~ W;---1~7' f~; thence sourly 1§ le~,- more or 'less, to. ;or- .dinaxy high. w~ter' mark ot ~c 'Bay; thence easterly, along-said high -water mark 40 feet, more,Or less, ~ence southerly along a bulkhead, "/9 .i:1eet, · more or less; thence along a ,b~ead '. 145 feet, more 'or less to the. cO~er of :is aid bulkhead; thence northly '/5 'feet, more or less to the aouth ~d,- · 'ary ii~e of the .Village of Oreenp0rt; r thence northwesterly along the. Said ~]~th boundary line of. the. Village o! ~p0. rt to the atorementioned west ~~~ ~ltne of the Village of Omen- ~~~e~ northerly along the said of Vin e of ~ -ree~i~.to the point or /~s~e o~ DA~'ED' DRCEMBER 12, 196'/ ' TOWN BOARD ,. TO~ C'i. agRK 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 WATCH.MAN, 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 ........ ~:f~.~-~;../. wee~~ successively, commencing on the ................ ~ '~~: · . eeesee day of ~E to before me this ..)..Z~....~.. ........ day of AOELE P'AY N E Notary P~,L";c, S!~e ol New York Res~:,'.~; ';1 Suifolk Courlty No. 52-3041000 ~ommission Expires Mar_ci'] ~O*~ ,~.-- 4~?.,~0 t.~~ t~Mme a~ ~aud o£ ~ ~¥ o,~- MINUTES m m mmmmmmm emmmm$, m m m SUUTHOLD TOWN BOARD November 29~ 1967 PRESENT: SUPERVISOR LESTER Mo ALBERTSON COUNC ~ HOWARD VALENTINE COUNCILMAN LOUIS DEMAREST JUSTICE HENRY CLARK TOWN ATTORNEY ROBERT Wo TASKER TOWN CLERK ALBERT Wo RICHMOND Helmut Has s - ~ L · ~ i . ! ii John Geier i m i! _ i _ i , m~ ,. Benson, ..Te. lsev .Seal~s~ipt, Qor_p o -2- SUPERVISOR ALBERTSON: It seems to be 7:30~ so I will open the hearing at this time° "Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold~ Suffolk County, New York, public hearings will be held by the Southold Town Board in the Office of the Supervisor~ 16 South St~eet~ Greenport, New York~ in said Town on the 29th day of November 1967, on the following proposals to amend the Building Zone Ordinance, (including the Building Zone Maps) of the Town of Southold~ Suffolk County, New York° 1o By changing from "A" Residential and Agricultural District to "B" Business District the foll~ing described property: Ail that certain real property situated, lying and being at Peconic~ in the Town of Southold, County of Suffolk~ and State of New York~ and more particularly bounded and described as follows: Beginning at the point on the southerly line of Middle Road, as w idened~ at the northeasterly corner of land of the party of the first part~ said point of beginning ~ h~ng about 1400 feet easterly along said southerly line from Carroll Avenue; from said point of beginning running along land of Charles Hubbard and along land of Suffolk County~ So 23° 53' 30" Eo-437o10 feet; thence along land of the party of the first part, two courses as follows: (1) So 58° 30,~ 30" Wo-100o29 feet; thence (2)No 23° 53' 30" Wo- 439°53 feet to said southerly line of Middle Road (as widened) thence northeasterly along said southerly line on a curve to the left having a radius of 5789°58 feet~ a distance of 100o0 feet to the point of beginning° Containing 1.00 acre° -3- SUPERVISOR ALBERTSON: There is an affidavit of publication in the file, indicating publication was actually made of this notice. ill now read the recommendation of the Planning Board: "Report to: Southold Town Board~ 16 South Street Greenport, New York= October 5, 1967o Gent~men: This is to advise you that the the Southold Town follow ing action was taken by Planning Board at a regular meeting held on October 3, 1967: In the matter of the petition of Helmut Hass of North Road Greenport, New York, relative to a change of zone from "A" Residential and Agricultural D is tr ict ~D "B" Business District on certain real property situa ted~ lying and be ing at Peconic~ in the Town of Southold~ County of Suffolk and State of New York, and more particularly bounded and described as follows: (legal description was nctread again) "It favorably from "A" was RESOLVED that the Southold Tow n P1 ann ing Board does not recommend to the Southold Town Board the change of zone Residential and Agricultural District to "B" Business District, on the above described property: The Planning Board is not willing to recommend a business zone on the so~th side of County Road ~ 27~ described in the petition° County Road ~ 27 should be It is the maintained business build up except in areas such the immediate vicinity of Peconic Lane~ who lives on the north side Mro Clarke, where this property is located~ presented even under the Planning Board' s as a high-speed as Mattituc~ Peconic. As circumstances feel lng that arterial without Southold~ and a matter of fact of County Road a request for 27, about a bus iness -4- some time ago and we refused to recommend that° Regardless of the spot zon ing question, if a small business zone is established in this vicinity~ we can logically expect a tremendous expanded bus iness ' area adjacent to this within two or three years. "Respectfully submitted, /s/ John Wickham, Ch airman, Southold Town Planning Board°" SUPERVISOR ALBERTSON: At this time is there anyone present who wishes to speak in favor of the relief sought in this petition? STANLEY CORWIN, ESQo: My name is Stanley Corwin~ I am the attorney for the applicant and in two other caseso I should like to say preliminarily that I am not going to spout any law to yOU° I would like to urge upon you all of these three application, presently on th is one= that they be granted° I think that all of you are aw are that the situation that presently exists on the south side of the road is one that we designate as a non-conforming use, and its abolishment ~ or discountinuance is being brought about by reason of the widening of the roado We realize that this is basically a spot zoning situation that could be granted for the following reasons: The type of business that has been conducted there is in no way conducive to the conditions that the Planning Board is concerned about° This is not a retail situation that anybody would be stopping off the road and cause a traffic problem° The conduction of the bu~ness in the manner which it exists is not going to have adverse affect on the health, safety, welfare, or merale of the Town o In connection with the widening of the road 'the 8ounty is going to construct a sump on the east of the premises that we are asking to be rezoned, and there presently exists on the east the operation of Mro Hubbard which has existed for many year So On the south there is~ even though it is an "A" district~ the industrial -5- operation of application, this is where only sensible the County is the Long Island Railroad. and the way we think an exception should be and fair to someone who ordering him to removeo I would be glad of the Town: it at all o There neighbors to try to answer themo is not going to have is no objection to my in the area° Our feeling about ~his you should consider it, made in the Ordinanceo It's has a non-conforming use which If you have any~other questions In considering all the peeple any adverse affect on anyone knowlege from any of the else SUPERVISOR ALBERTSON: present who wishes to Thank you Mro Corwino be heard in favor or Is there anyone this petition? (There was no response° SUPERVISOR ALBERTSON- Is there anyone present who wishes to be heard in opposition to the relief sought in this petition? (There was no responseo) SUPERVISOR ALBERTSON: Does anyone ~ish to be hear d one way or the other? (There was no responseo) SUPERVISOR ALBERT~ON: We will open the next hearing at this time, and this is on property of John Geiero "2. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: "Ail that certain real property, situated, lying and being at Greenport~ in the Town of Southold~ County of Suffolk, and State of New York~ and more particularly bounded and described as follows: Beginr~ng at a point on the southerly side of Middle Road (Co Ro 27) ~ (North Road) ~ where the same is intersected by the westerly side of land no~: or formerl~f of Village of Greenport, which point is -6- is distant 350° 68 feet westerly from the corner formed ~by the intersection of the southerly side of Middle Road with the westerly side of Moore ' s Lane~ and from said point of beginning running thence along said land south 4° ~1" 10" east, 1106.60 feet; ~unning thence still along said land, south 84° 53' 30" west, 474.24 feet; running thence still along said land north 4° 06' 10" west 830050 feet to the southerly side of said Middle Road; running thence along the southerly side of said Middle Road~ north 55° 01' 10" east, 554° 24 feet to the point o f beginn lng o "Any person des iring to be heard on amendments should appear at the time and "Dated: November 8, 1967, By Order of Board, Albert Wo Richmond, Town Clerko " any of the pr opesed place above apecified. the Southold Town SUPERVISOR ALBERTSON~ ~nere is an affidavit in the publication was ~1~ made of this legal notice. I will now read the recommendation of the Planning "Report to: Southold Town Board~ 16 South Street New York~ October 5, ~967. file indicating Boardo Greenport, "Gentlemen: Th is is to certify that the follow lng action was taken by the Southold Town Planning Board at a regular meeting of the Southold Town Planning Board held on October 3~ 1967o "In the matter of the petition of John Geier~ North Road, Greenport~ New York ~ relative to a change of zone from IIAii Residential and Agricultural District to "B" Business District on certain real property situated at Greenport, in the Town of Southold~ County of Suffolk, and state of New York, and more particularly bounded and described as follows: (legal description was not read again.) "It w a s RE SOLVED that the Southold Town Planning Board does not favorably recommend to the Southold Town Board the change of zone -7- from "A" Residential and Agricultural District on the above described District to "The Planning Board propertyo because the application is unwilling to business intended. is for the wrong This change would the Planning Board feels the parcel in considered under this application. submitted, /s/ John "Respectfully Town Planning Boardo" recommend zoning for constitute s question is Wickham, "B" Business th is change of the type of pot zoning, and too large to be Ch a irman = Southdd zone SUPERVISOR A~.BERTSON: be heard in favor of S TANLE Y C ORWIN, my name is Stanley Its very difficult of the Planning spot zoning on type of use valid reason. wrong type of the this Is there anyone present the relief sought in this who wishes to petition ? ESQ.: Supervisor and Gentlemen of Corwin and I am the attorney for the to ~~w~~ refrain from commenting the Board, applicant° on the remarks Board° Ail in the same sentence , they call it one hand, and state the parcel is too large for the in tended on the other hand° That in itself iR not a They also make the observation that this zoning for the purpose intended° I don't of that statement. So far as a ch~mge significance Board is concerned it has to be assumed that that could be permitted on the "B" anything re fering to some observation made have been would like to was the understand of zone as the business is ~ype zoning° They may in the applicatimn. urge upon you that there is every valid reason why be granted by this Board. This piece of this ~plication should property is unique of It is bounded on three Town° It is bounded on Greenport~ and the road all the property in the Town of Southoldo sides by the only un-zoned property in the the east~ south~ and west~ by the Village is owned by the Village. None of that I of -8- property is zoned becua se have not seen fit to rezone as being adjacent to the allo The adjacent it was acquired ito Th is is lowest p~operty It's used for a water shed Poss ±bly that Greemport. reason for the Town to zone fact and one that you should important is the fact that we possible is being used and the sewage circumstance this by the Village to clas~fy the zone~ which is for an and they property none at industrial system of the itself won't be property° Th is is an park o Village of sufficient important take into consideration° Equally have here a pi~e of property, 13 acres, which has been used as for some time and the petitionor which is the reason we made the to the Board, if the suggestion applied for is too drastic~ and You consider on your own motion all the present owner would like to the "A" zone alternative present this evening and he and secured signatures that in favor of it. I am going a similar type of Multiple residence has plans for expansion of that use~ application. We have an alternative Board feels that the type of zoning we have applied for "B" Business. changing it to an "M" zone° That is to have~ but it would be an that is presently there° acceptable Mro G~ier is has been around amosng his neighbors they have no objection and they are to ask that he present that along with his own remarks. There is no substitute for the owner being here and being counted for° This is a understand signatures hard way and you will who secured it and the genuine petition obtained the it to be indicative of the on~ on ito (Mr. Geier SUPERVISOR presented ALBERTsON: Thank you petition to the Boardo) Mr. Geiero We will put this in as part of the record° -9- The following is the "John Ro Geier~ North "We~ the undersigned~ of John Ro Geier: petition submitted by Road, Greenport, LoIo are in approval of the Mr o Geier: zoning change request "Charles Mo Leden, Moores Lane No Gpto 24 Nov° Carol Baker Leden~ Moores Lane North~ Gpto 24 A. Go Carlan Nov° 24, 1967 Joseph Po Oates, Jr. ~ Grange Road, Southold, Nov. Kathleen Mo Oates, Grange Rdo, Southold, 11/24/67 Chaso Dougherty~ North Rdo ,Southold 11/24/67 Fred Eo Hulse, Jro, 514 Bailey Ave., Gpt. Fred Eo Hulse, Sro, Route Mildred Po Hulse, Front Street~ Greenport Edward Mo Schied, Main Rdo, Southold Austin C. Butt, 238 North Rdo ,Greenport, N Yo Jo Po Oates o George W. Schroeder, No Bay Rdo, Southold Jo Herbert Cassidy, Hobart Rdo ~Southoldo John Ao Sepenoski~ Horton's Lane, Southold Angelo j. Petrucci Joyce Mo Butt: North Rd. ~Greenport~ No Y. Wo Van Mater~ Bayview Road, Southold, No Yo Theodore Ho Schroeder~ Bayview,Southoldo Herbert Fo Ka~in, Village Trustee~ Greenport Adam Johnson, ~reenport~ N. Yo Wino Milles~ Greenport~ No Yo Zo To Rysko, Cutchogue W. So Zebroski, Jr., Southold, NoYo Albert Martocchia, 43 7th Street, Greenport John Mo Kerbs, Southold 11/25/67 Margaret Ao Kerbs~ Southold 11/25/67 Anthony Corazzini, Albertson Lane~ Greenport Alec Ostroski, Southold~ No¥o Leo Sledjeski~ Greenport~ Lo Daniel Go Conklin~ Greenport~ Lo Io Frank Lo Barth, Greenport, Lo Io Corbett To Jones,Jr.= 57 Sound Rdo~ Greenpprt= No R. Bo Hudson, 4 Middleton ° A. Calvin Peterson, 432 First Sto~ Greenport~NoYo Harry Mo Monsell~ 525 First Sto, Greenport, N. Yo Edward Wo Speeches~ North Rd.~ Greenport, No Yo Walter Co Jester, 253 5th AVeo~ Greenport Betty Conklin, 528 Sterling Place, Gpto Vida Unander, 18 Middleton Rdo, Gpto William John Cowan, 139 Sterling Ave., Greenport George Benson George Arlene Arthur Ao Simpson, So Telsey, ~o Hubbard, Robertina Braun, William Ho Braun 146 6th St., Greenport, N. Yo North Rd. ~ Greenport, NoYo 176 Central Aveo ~ Greenport~ Hubbard, 176 Central Ave° ~ Ebeling, North Road, Greenport Ingelborg Ebeling, Box 6th St., Greenport 6th Str,Greenport '~ Greenport~ 176, 1967 Nov o 1967 24, 1967 Greenport~ -10- MR. GEEER: I would like to let you know that I have told everyone of the people that have signed that petition what my intention is to do there o They are not in the ~ark as to what I wish to do thereo They are in favor of ito S~PERVISOR ALBERTSON: These names are names of people in the immediate area ? MRo GEIER: Actually I should have marked it out° SUPERVISOR ALBERTSON: We can check it out° MRo GEIER: I thought that you would° The only one I didn't get a signature from %,.~as the Spicer~s~ and there daughter said she couldn't answer for them. SUPERVISOR ALBERTSON: Is there anyone else present who wishes to speak in favor of this petition? BENSON TELSEY: Maybe I can° I have two pieces of property on the North Road and I have no objection to Mro Geier putting in the type of operation he plans to put there° JOHN KERBS: I would like to speak in favor of th is petition° One very good reason= as far as I am concerned I would like to see this property used in the manner in which~ntends to use it, rather than see 20 or 25 small homes put up in there° I think this would be much to the benefit of the Town~~ SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard in opposition to this petition? (There was no responseo) SUPERVISOR ALBERTSON: Is there anyone present who wishes to be heard one way or the other? (There was no response.) -11- SUPERVISOR ALBERTSON: We will open the next hearing by reading the to at of legal notice of I! B II "3o By Chaning Business "Ail that Greenport, New York, hearing° IIAII from District the certain real in the Town and more ,,Beginning at a adj o in ing land o~ the running along said north 33° 47' nor th 4° 23' 20" 5° 46' 10" east, HoJoSo Land and 12' 50" east, ~eet; thence Res idential and fo 11 ow ing property Agricultural described situated, county Southold, particularly bounded and monument on the northerly visage of o~_ the land 30" west Greenport; Village 154.46 east~ 373°O4 feet feet to 114.80 feet to a Development 92o12 feet; (3) south Corp o ~ on said northerly two courses: line~ south 52° 37' beginning o thence 37° 59' 20" line of North "Any (1) south 20" west, to Containing 2 o 03 de s ir lng person District at the ments should appear of property: and lying, of Suffolk being and State described as follows: line of North Road~ from said point of beginning Greenport, three courses ,,Dated: to a monument; thence (2) a monument; thence monument; thence along 51 three courses: feet south 18 o 51~ 20" November east~ 167082 feet (3) north 5 Road; thence along land of acres° 17' 40" westt (1) ~outh 85 356o15 east~ ]De time to the point to a monument n~ ther ly said 157010 feet; thence or place of 1967 heard on any of and place above by Or der of the the proposed specified° Southold Town amend- Boardo Albert W o Richmond, Town clerk" sUPERvISOR ALBERTSON: There is indicating publication was made o~ the recommendation of the Planning an affidavit this notice° Board inthis in the file ill now case o read -12- "Report to: New York~ October "Gen t 1 emen: Southold Town Board, 1967 16 South Street, Greenport, "This is to the Southold Town October 3, 1957: advise you that the PlanningBoard at a following action was regular meeting held taken by on "In the matter of the petition of Benson S. Telsey of Greenport~ New York, relative to a change of zone and Agricultural District to "B" Business property situated at Greenport~ and more descr ibed as follows: (legal description "It was RESOLVED that the Southold not favorably recommend to the Southold zone from "A" Residential and from "A" Residential District on the above District on certain particular boundedaand "The Planning was not read againo) Town Planning Board does Town Board the change of to establish Agricultural described property° Board a bus iness of the opinion adjoining the the is zone of Greenport, and zmne residentially would be ~pot zoningo District to "B" BNsiness it would be a mistake property of the Village property° This~ of course "The Planning probably be subject particular area° Board alsq points out that to widening at some future the County Road will date in this "Respectfully submitted~ Town Planning Board° " /s/ John Wickham~ Chairman, Southold SUPERVISOR ALBERTsON: who wishes to be heard in At this time is there anyone favor of the relief sought in present this petition? -13- STANLEY for the CORWIN ~ applicant behal fo He is ESQo: here° capable job than I can. Our again is indicative a road is going to the disapproval more than 50 feet of S uperv isor, Sro Telsey is here and artful3~ attorney fee 1,,~/o f the again I am the attorney to speak on his own and he can do a better observations of a real problem° The be widened is hardly a a zoning application° and this is 500 feet deep valid reason° They reason° If th is was I wouldn't be here in of the Planning Board rare reason The make the statement without in the middle of a current observation that support of the is immediately The application° for recommending bounded by case° This property widening wouldn ' t be Village of Greenporto That is hardly a making any real residential area, That is not the for the Village of property owned by the sewage outlet property is in a low class Greenporto material from here for the building The Village has used of raodso But it is batheing beach° property and certainly for The beach is used as a certainly not a residential More than that~ this the foz~eeable future it public piece of property ~ won"t beo Quemn Lane, which leads down is directly across the street from the Town= and all of you to one of the few labor camps in recognize that there are problems there for higher residential that do not make this propb~ty use° Property that more valuableo Take into desirable mile from this labor camp would be is one-hal f Weeask the Board to consideration Town, we just can't because there is so to~; we in going to modify the say stop to zones, to tapper off take these facts into consideration° planning intelligently for this little every application for down-zoning property zoned business. If we are Ordinance= we should do it to establish buffer from residential zone to something elseo Here is an opportunity to do that in No harm on the heal th~ safety, is the reason we have zoning in favorable consideration° -14- an area where it welfare¢ or morals the first place° won't do any of the Town. Again we ask harm° This your that SUPERVISOR ALBERTSON: property now or STANLEY CORWIN, The property of formerly o f ESQo: YeSo Thompson and Bartlett, the Village of Greenport2 is BENSON TELSEY: I Residenital would like to add this to zone° If we this is not desirable to adjacent to, and a labor business o conducive to say° It is a were to cut up these lots residential living with camp acro~s~the stree~ and build homes~ a sewage disposal This property is this SUPERVISOR A~,BERTSON: application? Anyone else wish to speak in favor of MRo GEIER: I would just Board feels this is suitable Eastern Shores has enough to like to say this. If for homes~ I can't go the Planning along with that° meet this area needs for with Easte~ Shores o not what the years° He would have to compete have to cut his pr~ces~ and this is N~ If he had to cut his prices the value BUPERVISOR ALBERTSON: response) the next five He would community Anyone else (The~e was no would go down° w ishto be heard in needs o favor of? this SUPERVISOR petition ? ALBERTSON- Anyone wish to be heard in opposition to (There was SUPERVISOR other~ no response°) ALBERTsON: Anyone wish to be heard one way or the (There was no response° ) this to at SUPERVISOR time by "40 By II C II ALBERTSON: reading ~he -15- We will open legal chafing from "A" Industrial "Ail that Greenport~ State of New in York, "Beginning the Village of District certain real notice of Residential the follow lng property the Town of Southold, and bounded and at the intersection Greenport, line of these and 15' 30" W. 183o37 the next hearing at ordinary high water along a bulkhead 79 145 feets more or hear ing o northeasterly 75 the Village of and Agricultural District described property° situated, lying, and being County of Suffolk and described as follows: west boundary line of intersects the nor therly of the where the same Sealshipt other premises of Corpo; thence So 64° feet; thence southerly 15 feet~ more mark 40 feet, more or less; thence feet~ more or less; thence along bulkhead; less to the corner of said feet ~ more Greenport; or less, to the thence boundary line of the Village boundary line of the Villase the said west point or pla ce or less= to smtherly a bulkhead thence boundarly line south boundary 1 ine of of beginn~o" northwesterly along the said south of Greenport to the aforementioned west of Greenport; thence nottherly along of the Village of Greenport~to the SUPERVISOR ALBERTSON: indicating publication was read the recommendation of "Report to: Southold New York, October 5, 1967~ There is an affidavit in the file made of this legalnotice o the Planning Board° Town Board, 16 I will now South Street, Greenport, "Gentlemen: "Th is is to the Southold Town 3, 1967: certify that the following action was taken by Planning Board at a regular meeting held on October -16- "In the matter of 238 Main St~eet, Corpo for a change of the petition of Irving Lo Price~ Jro Greenport, New York relative to Sealsh±pt of zone from "A" Residential and Agricultural District to "C" Industrial District, on certain real. property s itua ted at Greenport~ in the Town of Southold~ County of Suffolk, and State of New York, and more particularly bounded and described as follows: ~legal descritpion was not read again° ) "It w a s RESOLVED that the Southold Town Planning Board does favorably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District to Il C II Industria~~- District on the a~mve described property: "The Board agrees with the reasons for the change of zone as presented in the petition° "Respectfully submitted, /s/ John Wickham, Chairman, Southold, Town Planning Board°" SUPERVISOR ALBERTSON- At this time is there anyone present who wishes to be heard in favor of the relief sought in this petition2 IRVING PRICE~ JRo: Supervisor and Member s of the Board, my name is Irving Pr ice~ attorney in Greenporto I appear in favor of the petitiono It's rather difficult to present in words o I know there is a map there° This application here tonight is the result of an accident or over-sight° The Village of Greenport in 1947 put in effect the zoning Ordinance and the Z on lng map o The majority of this property, which we know as Elsworth Oyster Plant, is in the Village and it was znned Industrial° When Southold put in t~eir zoning Ordinance and zoning map because a majority of the adjacent property was zoned residential~ this was aoned -17- also aoned building up in the Town residential~ but in three or four of Southold ~as the building and is residentialo character ~sical a correction of an fully request that Board° 1/2 of the as a result places o of that they split used as property The remainder of The use of the the a shell pit. This zoned Industrial property will not be the property of the property is 3/4 over-sight° of and the rest changed; will not be changed° It is On behalf of the petition the recommendation of the the Board follow the really respect- Planning SUPERVISOR ALBERTSON: to speak in favor of this Is there anyone application ? else present who wishes (There was no response) speak SUPERVISOR ALBERTS~N: in opposition to this I~ th ere anyone petition? present who wishes to (There was no response° ) SUPERVISOR ALBERTSON: Is be heard one way or the other? there anyone present who w ishes tO (There was no respons e o ) SUPERVISOR hearings for the A~,BERTSON: Hearing none further deliberation of we will close this the Board° evening '~ ~po~t; from ssi~ point of beginning ~la~ of Gr~~rt ~~ ~~s: (1) ~.n~ 33° 47' 30", W~t, 373.~ f~t ~'.a m~~ent; ~ence (2) ~o~ 4° ~T_ the ~' 20~ ~t, 154.46 fet to a monu, K, ] ~e m~t; t~nCe (3)- ~rth 5° 46' '10"[-~RK, ~ ss: ~:," ~t, 114.80 f~t. to a mon~ent;[ J . County,i, thence along land of H.J.S. Land &i l~lew .... will-I~:~ Development Corp., three courses: ;~_... ~~,~c_~_~c~,. ... ........... being duly Sworn, held by th~.; Board~ ~1) south 85° 12' 50" east, 92.12 feet; in the Office of the SuperviS°r, 16! l~hence south 18° 51' 20" east, 356.151 Printer and Publisher of the SUFFOLK South Street, Greenport, Ne~,.Y0rk, 'feet; thence (3) south 37° 59' 20''~ in said TOwn on the'; i~ffi day of, east, 167.82' feet'to a monument on ~ewspaper published ~'.t Greenport, in said N'°Vemb~ 1~87,~'~ at:-:i,?~ ..... ~'~k in said northerly line of North Road; the.~..~....~0~...~d ...... ~;~e fol- , thence along ~aid northerly line, two 'notice, ,of which the anne-ed is ~x printed L 1~.;~:i~ ........ the, eourse~: (1) south §1° 17' t0" west, B~?~~.~ (.including;' 157.10 feet; thence (2) south 52° 37' ished in t'he said Suffolk Weekly Times ~i~:~.~e..;iMam_ ~)'-o! the. 20" west,' 5 feet to l~he point or place ..~~,'.,~: ~ty,/-' of beginning. Containing 2.03 acres'. o'r ........ · .~~. :~ .............. week~ ' ', ' .! 4. By changing-from "A" Rest- .'' 1-.~~', l~":,'c~ '~.,om~ ."A~'~, Rest:~ 'dential and .Agricultural District to' ~cing on the...d.x~..~~~ .... "d~~~:'~District't°i. "C" Industrial District-the follow- :!~B'"' B~:.,.'.~ct':'~e ~:fOlt0wi, n~ lng descri.~ proper,. ~w(... ~_.,19.~ .~,. -d~'~i "" ':: ..... ': :i .:'-. "..-' ~ t] All that certain real property sit- "~ ua~,.'-~~.~)l~ng~:~'~t:'l~-e°nie,i po~, in .the Town of $outhold', t'his./.'~~.:... in the. T-~m, of..~~, ~ty of'. County of Suffolk and State of New $~ollr~(.~ Stat~ 0~' M~'¥~k,' mad? York, ami bounded' and' described a~ mom..-:~y ~~.~ ~~de-'~ follows: l~~_~i~-, at ~a I~~t,~, ';on the the-west boUndar7 line of the .Vii- ' .... soupy line 'Of,.-~...Road,' ~. lage of GreenPnrt, .where the same wid~ ~ at- the:!lmi~lle~~rly' cor-: intersects~ the nort~.erly line of these ncr of land'~of'~:~~party': Of the first'and 'other premises of Sealshipt part, :sai~-point of~:~g ~be'mg' corp.;, thence S. 64°. 15' 30" W. 187.- ~~; l t0.0-feet ~~'IY ~1~ ~tid~ $? feet; th~.nce southerly 15 feet, sou~herl7 ~ ft,~ ~oll Avenue; I more or loss, to ordinary high water · ~".~ I;}Ol~t o~~g mmrdng mark of Peeonie Bay; thence east- alOt~'.~id,l~d Of C'~rl~Hubbard'~ erl¥ along said'.tiigh water mark' ~-and ale]mad of ~i~olk~n~;'8.-! feet, more or le~s; thence southerly '~alon~--~:0f: flae l~~-"'0f'".',~-~ '~ i l~s; ~ thenee; along, a bulkhead ~Pa~ ~wo"c~-as fo!!o'~:" {1). S.;~ feet,, more or less to the corner of~ -0 ', .... ;" -100,29 f~t' ~th~nee"Said bulkhead;'thenee northeasterly. ¢2)~'t~;-'-;It$°~~:~30"~:~:W.~4~$3 feet ?5 feet, more or le~s to t~he south li ~ ? '; "~ '-"'"~ '"'"';t'~:' ' : ': '~:"~ ~ 0f~ MM~e bound'ar7 line' of the ·Village of :R0~I '~(~: "~ed);: ~ee north-~ ~.r~....n~ort; . three nort. hwesterl},Y ~y:.al~,~.~..~outh~rly ltne.~on ~ along the sa_~d boundar7 hne .of, a eurve~i~0~ .~e!.~e~;:i..~..v~~a radius i Village of Greenport to. the a~ore.-_ 'of 5780~fi8 "~~ a':~ of ..100.01 mer~ti0ned west boundary line f~t~o ~ ~'~mtof~~n.ning.'Con-I the village of Greenport;' thence i! ~:~ 1~00 ~~"~ ..' ~ "~- , ,, ~ ~ northerly along the said boundary .~12,-_.:;~By.:~~~.~ ~, A' Re~i-i line of the Village of._Greenport, to aenti~(. :~~ -~d'.~ ~'~ ~~~a~ ~ me v~t 8r p~aee of. beginning. D~et ~-"B' B~~~ D~m~t' the :. _ An~ pe~on des~ing to be heard ' ~ ~hoffid ap~ar at the time a~a p~ . ~.~'~ .~at ~ ~ p~ sit- .~~, ~g ~d. ~. at O~~rt, above s~ffi~. I~ ~~ :TO~ :~f.: ~~ld, . Co~ty DASD: ~O~MBER 8, 1967, BY ~.S~~;~~-.'S~~ of:N~ .Y~k, ORDER OF T~ SOUTHoLD ~d '~re~',~~c~~' ~~~ and ~~ BO~D :..[.~n~ at-.a ~~t..on ~ south- TO~ C~~ 1~17 .er~ ~e of ~d~. ~" (C~, 27) (N0~ ~d) Whe~ ~e ~ is.. ~- .. terseeted, by ~ ' ~wes~rly side of land now. or ~~erly of Village of . . GiAeenport," .which .point i~ di'~nt 350.68 ..feet wes~ly from the~ cor- ner. formect.'~by. the i~nt~tion of -the sou. ~.,.~..e~ly.:~.~e ~! Middle ROad with the i~~Y"., side of., Moore's niag,...~~/th~-;-along said..land south.4°' , ~. lip'~, east,' 'i106.60 teet; rtmning-~, still ~ong said, land,. s0uf~ 840 53', ~.~. w~t, 474~4 feet; 4°.~' O" 1. ~,:.~t~'._ 830,50 feet to ~; ~ .thence. along the s~t~ ~. o~. sl, id,.Midd~e ' .aoad, north .~: '01' 1~" east,[i:~54:24 feet to the p~t or .place of. beginning. ~. S, '~ ch~ '....from. "A" P~s~- dentia!, and A~.icultural Dis~ct to "B" Business. 'District. the follow- lng. 'desk. proVert~ Ali _' that' certain real prgperty situated.,., ~g .~ ~and being at Green- port, in the Town of Southold, Coun- ty-oi Su~!k,"',amt. State Of ~ew York 'and. more particularly bound- ed' and descri.becl as f011~w~:- Begi,__n~ing at_a !ngnument on the nOrtherly line of North Road,. ad- joining .~:~Of :the Villa'ge of Gree~- . \ I . ' ':' '"' CORNELI/. ',.. ~oto~ y Public, No. 52-;,0~" 890 ~ualifi~ i~ St, f~ol~ ~ erin [xO~ -/ ~ L The r~n~ Or~e ~ Oe~tLou 265 of the of the Butl~ Zone Ordln~nee of pub~ ~e heir.s bn lolrd .An the and Azt~le ~ Town of ~~hold. be held by Su£fo~ 8uperY.~JJor, York, ~n amid Town on the .~~id 1967. at 7t30 o'c~1~ In the 16 f~outh stzeot, 2~t~ dam of ~he foXXovl~g prOpOSLLI ~o amend the BuXX~g (AncXu~~ the BuXl. djj~ Zeme Mpa) of the Town Su.£fo]~ C~tF, Sew Yo~, of said of Southold, RofJXdontL~X and AgrJ~uXturaX All that certa~ and of Suf~. SOU thol d, follows, bounded and closer Abed al and more A~dd~e load, if at a pe~at on the oou~ly 2. of lnd of the perry of the £~rst pert, said point of &bout so~~ly beg~mLug l~ue 1400 foot eu~rxy ~ong sa.rd from Caroll Avenue; ].mud of 8u land of Char~es $. 23 ~* 53' 30" along laud of tho of party o£ the foX.lava, (l) s. se ' 30, ~d and along 437.10 £tzlt part, (2) /. 23:~ 53, 30" 30" ~.- 10-0.29 feet; feet to sald 439.53 i .t~ of W. ddle Bled (a. v:L~); ~ n4G,"&b~m~X¥ to ,the ru~~ o~ $?eS. S8 foet, a dXo~~ of 100.0 foot to ~ l. O0 o~re. po~nt e B~ .hang~ free "&- ~J.~t.t~l. and Agrte~lturoj. to 'B" Bualneai D .LotrXc~ ~e fo11~~ desezJJ)ed that the Tmm o,£ of lUffo~, and S~ute af IMM ~, and more Perttc'ularl¥ bO-~~d~f- end dosar~ il folX~, Bog~~g at a po~t ¸of M,_4dl. e Road (C.I.. 27) Ciorth Road) ~d~ere the sm 1i J~teri~ ~by ~ weeterly .Ldo of %and ~ or f~XY of v~ of areeapo~~, vh~ po.tn~ feet ~X:F from um corner formed of the ooutherly e-%de of Noore'a of N~dd~e dlatent 350. 68 and frem Rold v X~ the weeterly snarl point of bogZnn~, la%d ~ fo~~ 4~) 0.].' 10" ealt, 1106.60 wt%%1 along maXd %..and-, iouth 84~ $3' zu~%~ ~ atLi% Llong waXd 30'" vest, 474.24 foetr 4~' 06' lO" welt, 830, S0 feet to ~ wtdo of ~:ld N~e o! !aJ.d #,t~e Road, north SS Lurid of ~l~.,mbat,d~ IL Southold Town Planning Board SDUTHDLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wickharn, Chairman Henry Moisa Alfred Grebe William Unkelbach REPORT TO: Southold Town Board 16 South Street Greenport, New York October 5, 1967 Gentlemen: This is to advise you that the following action was taken by the Southold Town Planning Board at a regular meeting held on October 3, 1967: In the matter of the petition of Helmut Haas of North Road, Greenport, New York, relative to a change of zone from A" Residential and Agricultural District to "B" Business District on certain real property, situated, lying and being at Pea nic, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at at point on the southerly line of Middle Road, as widened, at the no~th- easterly corner of land of the party of the first part, said point of beginning being about 1400 feet easterly along said southerly line from Carroll Avenue; from said point of beginning running along land of Charles Hubbard and along land of Suffolk County, S. 23° 53' 30" E. 437.10 feet; thence along land of the party of the first part, two courses as follows: (1) S. 58° 30y 30" W. 100.29 feet; thence (2) N. 23° 53' 30" W.- 439.53 feet to said southerly line of Middle Road (as widened); thence noxS~easterly alongsaid southerly line on a curve to the left having a radius of 5789.58 feet, a distance of 100.0 feet to the point ofbeginning. Containing 1.00 acre. It was RESOLVED that the Southold Town Planning Board does not favorably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the abo~e described property. Report to: Southold Town Board -2- The Planning Board is not willing to recommend a business zone on the south side of County Road %27, even under the circumstances described in the petition. It is the Planning Board's feeling that County Road % 27 should be maintained as a high-speed arterial without business build-up except in areas such as Mattituck, Southold, and in the immediate vicinity of Peconic Lane, Peconic. As a matter of fact, Mr. Clarke, who lives on the north side of Couhty Road % 27, about where this property is located, presented a request for a business zone some time ago and we refused to recommend that. Regardless of the spot zoning question, if a small business zone is established in this vicinity, we can logically expect a tremendous expanded business area adjacent to this within two or three years. Respectfully submitted, john Wickham, Chairman ~' Southold, Town Planning Board cc: Town Clerk OFF .ERK SDUTHDLD, L. I., N. Y. September 13, 1967 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.~. Dear Mr. Wickham; The original petition of Helmut Hass of North Road, Greenport, New York, relative to change of zone from "A" Residential and Agriculural District to "B" Business District on certain property situated in Peconic, New York, is in the files in the office Of the Planning ~oard at Southold, New York. You are instructed to pre- pare 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 August 30, 1967 Town Board Southold Town Hall Southold, New York 11971 Gentlemen: There is attached to this letter an application for a zoning change for Helmut Hass of Southold, New York. I realize that the Board normally refers such an application to the Planning Board for their study and recommendation. This application is made because the premises, which have enjoyed a non- conforming business use, were condemned by the county for a road wi den- lng project. The application is for premises on the south side of the widened road, about 100 feet west of where the former business properly was located. We are asking the Board to set this down for hearing without reference to the Planning Board since our appeal for the change in zone is based on the equitable consideration involved. We are unable to acquire any property presently zoned for business in an area where a very tangible good will applicable to the business could be retained. For these reasons, we ask you to consider this a hardship case which arises by reason of governmental action and give prompt and direct consideration. We understand the county is anxious to bagin work in a very shorl time and we would like to be able to have a new building to accommodate the business by the time the present building is demolished. Ve~ruly yours, ~ ssc/cck enclosures CASE NO.: ..... STATE OF NE\¥ YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF HELMUT HASS FORA CHANGE, MODIFICATION OR A3,IENDMENT OF THE BUILDING ZONE ORDI- XANCE OF THE TOWN OF SOUTHOLD, SUFFOL'K COUNTY, NEW YORK. PETITION TO THE TOWN BOARD OF THE TOYVN OF SOUTHOLD: 1. I ...... Helmut. Hass .................. ,residing at..Nort&.E~ad, .Greenp~r~. (insertnameofpetitioner) ..... /purchaser Suffolk County, New York, the undersigned, am t ~llr:~lga'{~ ot certain real property situated at ....... Rexotic ....................... and moreparticnlarly bounded and described asfollows: Beginning at a point on the southerly line of Middle Road, as widened, at the northeasterly corner of land of the oarty of the first part, said point of beginning being about 1~00 fe~t east- erly along said southerly line from Carroll Avenue; from said point of beginning running along land of Charles Hubbard and alon land of Suffolk County, S. 23° 53' 30" E. p[ ees, ~nence a±ong land of the party of the first part, two courses as follows: (1) S. 58° 30' 30" W. - 100.29 feet; thence (2) N. 23° 53' 30" W. - 439.53 feet to said southerly line of Middle Road (as widened); thence northeasterly along said southerly line on a curve to the left, having a radius of 5789.58 feet, a distance of 100.0 feet to the point of beginning. Contain- ing 1.00 acre 2. ]' do hereby petition the Town Board of the Towu of Southold to change, modify and amend the Building Zone Ordinauce of the Town of Soutbold, Suffolk County, New York, including the Buildiug Zone Maps bereto£ore made a part tbereof, as follows: by changing premises from nAn Zone to nB" Zoning District. RIDER--Application of Helmut Hass 3. continued The Hubbard property enjoys a non-conforming use which could be generally described as a saw mill. The businesses that were conducted on the adjacent oremises were not in any sense obnoxious, nor did they give rise to ~ny undue traffic problem. The road on which the premises for which this application is made front is straight and level for a considerable distance either way. Such request is made for the follmving reasons: Petitioner recognizes that criticisms of spot zoning could be mounted against to this ap~lication, but submits there are strong equitable reasons for granting the application notwithstanding the relative small area, one acre, of the premises. They are: Petitioner was formerly the owner of the nearby premises on which he conducted, as a non-conforming use, a building supply business. The premises also housed a canvass products fabricating business. These premises were the subject of a condemnation by Suffolk COunty for road widening ~urposes and the Petitioner will be obliged to vacate forthwith. There are no premises nearby zoned for business. Attached to the location is a substantial good will rising out of the operations that have been conducted for a number of years. Petitioner submits that the grant of the application will not have an adverse affect upon the health, safety, welfare, and morals of the people of the town general2y, nor to those living nearby in particular. The present owner of the premises is aware of the application by reason of the /~.~ ~9~9~..9~?...~.. premises are bounded on the south by an industrial use (though not in an industrial zone): The Long Island Rail Road. East of the premises are parcels of land owned by Charles Hubbard and Suffolk County. Petitioner understands that the County parcel is to b~.used.~or.a stgrm drainage sump in connection with the STAT~r~SR~,~enlng of the highway. (SEE RIDER ATTACHED) ) SS:- COUNTY OF SUFFOLK,) .......... ~EL~JT./~AS8 .................... , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knoxvs the contents thereof; that the same is true to his (her) 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 true. Helmut Hase Sworn to before me this~-4.'i.. (--'~ay of .. Augus.t ............. 19.67. :;, , .> ..-. / .... ..-: '.,. , , ~-% · _. L) L,z'.-,. ~.j B · ~ ,?