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HomeMy WebLinkAboutAlbertson, Albert W. Amend #101L E A G g~_rEII 0 M E N VOTE RS OF RIV ER HE A D L.W.V. er Riverhead-Southeld Box 1103 Southold, N.Y. 11971 July 10, 1973 To: The Southold Town Board Greenport~ N.Y. From: The L.W.V. of Riverhes.d-Southold HEARING: Albertson: change of zone For the following reasons, the League of Women~ Voters of Riverhead- Southold ie not in favor of g renting this application. 1. A change from AR to C is strip zoning~ a nraotice which the Master Plan opposes. So does the Le~gme. 2. The new homes in Willow Point are entitled to ~ buffer between their ares and the present existing C zone to the east. Would these home owners be entitled to a tax ab~tement if this C zeme is exp~nded westward? 3. We do not think that two wrongs make a right. In this case, wetlands were disrupted by the digging of the canals into the Willow Point development and by the marina to the east of Willow Point. Further disruption of what ~tlands remain - and the re~aining wetlands appear to be s~sblizing - is in opposition to the Town's Wetlands's Ordinance ~n4 is not in the public interest. 4. Traffic hazards in this area have increasedwith the building of a storage shed on the north side of the. Main Road. Another launching and/or storage area in the immediate vicinity wo~ld mske a bad situ~tion worse. 5- Our major objection is as followsl Zf our interpretation of the Pirnie ground w~ter contour map is correct, theone foot ground water oontou~ mas cut in two places by the canals dug~hrough the Willow Point development. This one foot contour continues northeast from Willow Point across the property in question. The two foot contour is not far away, just north of the Main Road. This is the eastern edge of the water dome in which Well No. 6 of the Greenport water system is loc~te~ and of the large water demo v~hich is centered under the Town's disposal ~rea in Cutchogue. We assume some further cutting of canals or channels would be require~lop thi~ property for the NORTH FORK EI~JVIRONMENTAI. COUNCIL, INC. July lO, 1973 Southold Town Board South Street Greenoort Gentlemen: In reference to Proposals to Amend Zoning Ordinance,Section 265 of the Town Law and Article ~iV1, Section 160) of the ~uildin~ Zone 3r~tinance, at 8:30 PM , or.~p=rty ~f Alb rt Albertson to change ~'rom A Residential and Agriculture -o "C", Light Industrial District: The Nor~h Pork Environmental Council,Inc~ would like to urge you to consider' very. seriously the following before making a decision in this aoolics, tion. 1. This property on the Master Plan is listed as A-R and as we have adopted the i~iaster. Plan, we feel it should be strengthened rather than weakened by granting variances too readily. 2. '~here is also a sizeable portion of Wetlands involved in ,this area, .mud a~ain we feel our Wetland Ordinance should be the governing factor in this decision, 3. In regard to the develooment west of the applicant known as ?~illow Point,. with 30 house lots, six already built upon, we feel a great injustice woulU be done to these owners of lots or homes already built. '?hess lots and homes represent a sizeable investment, and the owners purchased this property in good faith that they were in an "A" District. We feel the Town Board has a grave r~sponsibility to them. We urge t{.~at you deny ~is application for downzoning from A to C. Respectfully submitted Loraine Terry;Pres. RUDOLPH H. BRUER LEFFERTS I=AINE EDSON AT-FORNE¥ AT LAW SOUThOID. N. Y il971 August ]5, 1973 Hon. Albert M. Martocchia, Supervisor Village Hall 16 South Street Greenport, New York ;11944 Re: Application of Albert W. Albertson, Jr. for Re- zoning Premises South Side of Main Road, Arshamomaque Dear Mr. Martocchia: In view of the objections expressed by some of thc owners of nearby property at the hearing in the above matter helJ on July 10, 1973, Mr. Albertson has directed me to withdraw his application for re-zoning as it now is and submit a new ap- plication providing for a substantial buffer zone of non-business use 40 feet wide lying between the balance of his property and the residential area known as "Map of Willow Point" Mr. Albertson feels that the suggestion made by one of the persons attending the hearing co, corning the establishmen~ of this buffer zone has a good deal of validity and will result in an insulation of the residential property from the property for which the application for re-zoning is being made. In view of the above we hereby request that the Town Boar~ recognize this request for withdrawal of the original application. The new application providing for the buffer zone is being pre- pared and will be forwarde~ to the Southold Town Clerk for his presentation to the Board. Thank you very much for your attention in this matter. Attorney for Albert W. Albertson, Jr. LPE:dbc MINUTES SOUTHOLD TOWN BOARD JULY 10, 1973 8t30 P.M. (EoDoS.To), by chanKin~ frem "A" Residential & A~ricultur~l District to "C" LiEht Industrial District, the preperty of Albert W. Albsrtsen, situated at Ssutheld, New Ysrk. PRE S E NT~ SuperviserAlbert M. Martocchia Justice M~rtin Surer Justice Lou/s M. Demarest Councilman J~mes Homan Councilm~n J~mes Rich Town Clerk~ Albert W. Richmond Seuthold Town Board -2- July lO, 1973 SUPER~-ISOR MARTOCCHIA~ I w~ll now call the hearing to order. The legal notice will be read by Justice Dem~rest. Justice Demarest read the legal notice of hearing, proof of posting at the Town Clerk's office, proof of publication in the Suffolk Weekly Times and the Long Island Traveler- Mattituck Watchman, and the recommendations ef the Suffolk County Planning Commission and the Southold Town Planning Beard, as followst Suffolk County Department of Pla-ning~ "Pursuant to requirements ef Sections 1323 to 1532 of the Suffolk County Charter, the Suffolk County Planning Commission on June 6, 1973 reviewed the above captioned zoning action and after due study and deliberation deemed this change of zone te be a matter for local determination, with the umierstanding that subject premises is tm be restricted tm a -~ine related use and that appropriate environmental controls are considered te adequately protect the marine environs." Seutheld Town PlanningBoard~ "This is to advise you that the fellowin~ Resolution was passed by the Southold Town Plan~ing Beard at a ~eting held mn ~y ~0, 1973 in the mtter of the emi~i~l petition ef Albe~t W. ~bertsen relative t9 c~e 9f zeno from "A" Re~identi~ ~d A~ic~t~ to "O" Light Industri~ ~n certain property sit,ted at ~s~que~ New York. IT WAS RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board ~ENIAL of the change of zone from "A" Residential and Agricultural to "C" Light Industrial on the above described property. The Board bases this recommendation on the report of the Southeld Town Conservat&on Advisory Council, copy attached." Letter from Thomas B. Reeve, Secretary, Seuthold Tewn Advissry Conservation Council~ "The Southold Town Conservation Advisory Council wish te thank the Town Planning Board for utilizing our services. We have inspected the northwest side ef Buddts Pond and have found it to be a tidal wetland with bog and the necessary grasses. We do not recommend a change in zoning." Report~ At a regular meeting of the Southold Town Conservation Advisory Council on May 17, 1973 at 7,30 P.M., at the Town Clerkts Office, the Council has inspected the property and is of the opinion that it should remain Residential to help preserve the existing wetlands." Seuthold Tom Board -3- July 10, 1973 SUPERV~$0R HARTOCCHXA~ Is there anyone present who wishes to speak in favor of granting this application? RUDOLPH BRUER, ESQ.~ The petition, I believe, speaks for itself. The surveys, also, speak for themselves, and I think they are the greatest proponents for the application. Mr. Albertson is the contract vendee. The property consists of 2.7 acres on the south side of ~ain Road which adjoins on the in~aediate east a marina. It infringes on the property in question.., about 50~ of~he property. Boats are used on the premises, sterage is on the premises, Junk i8 on the pmemises, etc. Immediately north, across the road, is a very large storage area and business zeno. Isweediately to the left is houses and a business zone. Xnzaediately to the east is a restaurant and a business zsne. To the nerth is the Long Island Railroad. Innediately to the south is Budd's Pond. The intended use is for a marina, or for marine USes The property is new being used for this purpose legally or illegally. It is eur contention that if yeu are going to have ansther marina in the Town of Ssutheld you could not pick a better place. The place will be cleaned up better than it is now and will be mere agreeable ts residents. I think the petition is p~esented in accordance with the rules and regulations of Town Law. Mr. Albertson is here tonight. Again, I would say that examination of the surveys shews that if you are ever gein~ te have a piece of property ef ma~ina related use, this is it. ~R. ALBERT ¥. ALBERTSON: I will try to explain what we are trying te do. We dontt want to turn it into a boat repair Seutheld Town Board -~- July 10, 1973 station. It would be small. I have my place n~w, we do work, but do not have ~umy shore frsnt. That's sur problem. MRS. JEAN TIEDKE, League of Women ¥oters~ How m~ny buildings will there be, ~nd what size will they be? MR. AL~ERTSONi That's very hard to answer. We have all the buildings we need. We need a few docks/ We could possibly, eventually, put a small restaurant there. We donor want te turn it into a regular boatyard. MR. ROBERT GUARRIELLO~ I was wondering what would happen ts the channel. MR. ALBERTSON~ MR. GUARRIELLO~ MR. ALBERTSON~ Nothing should happen to it as I see it. That channel runs right along the shore. Our idea is just a few short piers in the front. If we can dredge we would come east. SUPERVISOR MARTOCCHIAI D~es anyone else wish to speak in favor of this petition? (There was no response.) SUPERVISOR MARTOCCHIA l oppesitisn? MR. CLINTON E. WHITNEY~ Does anyone wish to speak in I represent the newly formed Willow Point Association. This was organized June 2~, 1973. Your notice appeared in the paper on the 28th. It was impossible for us to reach everybody to attend this meeting but many of us have purchased and built very desirable homes. We have one aim. We are very much opposed. Southold Town Board -5- July 10, 1973 MR. VINCENT TERRELL: I own property there. I am very much opposed. HR. JOSEPH NAGAGKIN: I am very much opposed. HRS. LORAINE TERRY, representing the North Fork Environmental Council~ I would like to urge you to consider before making a decision. (Mrs. Terry read from the following prepared statement~ 1."This property on the ~aster Plan is listed as A-R and as we have adopted the Master Plan, we feel it should be strengthened rather than weakened by granting variances toe readily. 2. There is also a sizeable portion of Wetlands involved in this area, and again we feel our Wetlands Ordinance should be the governing factor in this decision. 3. In regard to the development west of the applicant known as Willow Point, with 30 house lots, six already built upon, we feel a great injustice would be done to these owners of lots or homes already built. These lots and hemes represent a sizeable investment, and the owners purchased this property in good faith that they were in an "A" District. We feel the Town Board has a grave responsibility to them. We urge that you deny this application for downzoning from to MR. GEORGE DORNAUERs We already have a problem with two large marinas and they have loudspeakers and start at 5230 in the morning. We have rowboats that are in the channel. In order for us boat owners to come out of Budd Pond we have to pass within this boundary line by 10 feet. The channel is 15' to 20' wide and we have to go around this man's property. There are rowboats moored in Budd Pond. What's going to happen to us? There are 31 landowners. We have to have a way out of this place. If this is going to put docks in front of this channel, it will be where we have to go out. We built our homes on private property. We pay taxes on the roads. I think you should listen to 31 neighbors. Southeld Town B~ard -6- July 10, 1973 Councilman Homan: We _have a letter from Mr. Moteo Lettunich of $outhold, dated July 6, 1973, as follows~ "As a property owner in $outhold (Bay Home Road) I have road with interest the notice in the T~aveler of June 28, indicating that a hearing is scheduled for July 10, to consider a request that property east of Bay Home Road be re-zoned from its present status as "residential" te allow commercial building and enterprise. Ordin~rily, I would plan to attend the meeting, but I shall be out of the state on July 10, and am therefore submitting this letter in the thought that it may be appropriate thusly to express my point cf view. Most of us who h~ve bought property and homes in $cuthold have done so because the Town offers a quiet residential environment. I, for one~ would deplore a clmmge in the zoning regulations which would pern~t commercial interests to be established directly east of Bay Home Road. As it is, the fishing station at Port of ECypt provides more than enough ,,~-ecessary noise during the summer months (a prime offender being the loud-speaker system; that noise is carried to us on the wind, and sometimes w~kens the neighborhood before 7 otclock on weekend mornings. Thuo, I would like to add a voice to the discussion, emphatically in opposition to the proposed zoning changes. Please, let us not contribute to the decline of those very values which make Seutheld such a pleasant place to i~habit." SUPERVISOR HARTOCCHIA~ Is there anyone else who wishes to speak in opposition? MRS. JEAN TIEDKE, League of Women Voters~ "For the following reasons, the League of Women Voters of Riverhead-Southold is n~t in faver of grantin~ this application. 1. A cb~nEe from AR to C is strip zoning, a practice which the Master Plan opposes. So does the League. 2. The new homes in Willow Point are entitled to a buffer between their area and the present existing C zone to the east. Would these home owners be entitled to a tax abatement is this C zone is expanded westward? 3. We do not think that two wrongs make a right. In this case, wetlands were disrupted by the digging of the cmn~ts into the Willow Point development and by the marina to the east of Willow Point. Further disruption of whmt wetlands remain - and the remaining wetlands appear to be stabilizing - is in opposition to the Town's Wetlands Ordinance ~nd is not in the public interest. ~. Traffic hazards in this area h~ve increased with the building of a storage shed on the north side of the Moin Road; another launching and/or storage area in the immediate vicinity would make a bad situation worse. Seuthold Town Board -7- July 10, 1973 State of League of Women Voters oonttdl 3. Our major objection is as follows~ If our interpretation of the Pirnie grettnd water contour map is correct, the one feet ground water contour was ~ut in two places by the canalfs du~ through the Willow Point development. This one foot contour con- tinues northeast from Willow Point across the property in question. The two foot contour is not f~r aw~y, Just north ef the Main Head. This is the eastern edge of the water dome in which Well No. 6 of the G=eenport water system is located and of the large water dome which is centered under the Town's disposal area in Cutchogue. We assume some further cutting of can&ls or channels would be required on this property for the commercial use proposed. Pirnie, Holzmacher and the Master Plan warn against further cuttin~ into our gTound water supply by dredging or channelizing because of the dan~er ef salt water intrusion. The League ef Women Voters of Riverhead-Southold is opposed te any activity which could lead te mere salt water intrusion." SUPERVISOR MARTOCCHIAI, You indicated somewhere that wetlands were spoiled in a subdivision where canals were dredged. We did investigate that and it did not come under the Wetlands Ordinance at all. MRS. TIE,lEI fringe wetlands. May I qualify. I think it did spoil their The point is that digging any cha~umel in terra firms digs into the water supply. MR. CLIFFORD MARNELLs I am against it. MRS. ROBERT GUARRIELLO~ I am against granting this application. MRS. SPETSISTES~ I am against. MRS. F. PELLETTERIs I am against. RUDOLPH BRL~R~ ESQ.: I wou~d like to recommend that the Beard examine the surveys ef the area. This is the most logical place to have expansion. I~ can't go ~ny further than this. It cantt cross the road. I dentt believe th&~ Mr. Albertson would put up anythin~ that would increase the conditions that the people are complainin~ about that ~lready exist. Seuthold To~n Beard -8- July lO~ 1973 HR. TERRELL~ Ye knov vhat vas here when ye bought ou~ property. ~hen we bought it, it vas Residential. They are depending on the Federal Lay t~t ~s passed in 1970. It ~s net been enf~cced yet. ~1 ~ats ~1 be d~i~ their ~rbage into the ~ter ye are svi~ ~S. ~E~ Re~rdi~ the big storage shed t~t ~s b~lt en the north side of ~in Road... ~re fill ~s been put in to the vest of t~t. It looks as though another storage shed is g~ing in there. ~ you ~o~. S~ER~SOR ~CC~A: · can find out. ~. GU~EL~ ~ere void be no ~y of docking boats alo~ that shore. CO~CIL~ HO~N~ ~. B~er, you mde a statement t~t of this property is ney being used either le~lly or illegally. Is this east of the adjoi~ property or on ~e ~in Road? ~. BR~R~ I ~lked in; there vere boats here (indicati~ mp), eld ~tors, j~ on the property, old st~f that has been there for ye~s. I ~ talki~ a~ut the easterly part. ~. ~T~YI On the ort~l application I believe it c~ged Cmom aA" to 'B~', ~d then c~nged f~om 'A~ to ~. BR~R~ Under ~'B~' I don~t believe you ce~d sell gasoline er o~er related products for a ~. E~Yi Under 'C-I", y~u can have ~ytMng there vhelesale storage ~d ~reho~i~, building contracting use, etc. ~e don~t need t~t. i~in, I protest. ~S. TIE~ I w~d like to suggest t~t if you do ~t that you leave a subst~tial border of trees on the vest side Southeld To~n Bo~d -9- July 10, 1973 off the property; and also have an attractive border of trees along the roadway. MR. ALBERTZON~ No one keeps trees any more than I do. MR. TERRELL~ Putting trees in for buffers is not going to stop noise or water pollution. Ires only an excuse. I live in an area with 50 feet of trees between me and the highway. I hear noises anyway and my canal will be polluted to a point where I can't even swim in it, SUPERVISOR MART0CCHIAI Does anyone else wish te speak for or against this application? (There was ne response,) SUPERF/$OR MARTOCCHIA~ Are there any questions? (There was ne response.) SUPERVISOR MARTOCCHIA~ I will now close the hearing, and the Board will make a determination in the near future. Box 563 Southold, NY 11971 July 6, 1973 Albert W. Richmond, Town Clerk Somthold Town, Southold, NY 11971 Dear Sir, AS a property owner in Southold (Bay Home Road) I have read with interest the notice in the Traveler of June 28, indicating that a hearing 1s scheduled for July 10, to consider a request that property east of Bay Home Road be re-zoned from its present status as "residential" to allow commercial building and enterprise. Ordinarily, I would plan to attend the meeting, but I shall be out of the state on July 10, and am therefore sub~itting this letter in the thought that it may be appropriate thusly to express my point of view. Most of us who have bought property and homes in Southold have done so because the town offers a quiet residential environment. I for on~ would deplore a change in the zoning regulations which would permit commercial interests to be estbalished directly east of Bay Home Road. As it is the fishing station at Port of Egypt provides more than enough unnecessary noise during the summer months (a prime offender being the loud-speaker system; that noise is carried to us on the wind, and sometimes wakens the neighborhood before ? o'clock on weekend mornings). Thus, I would like to add a voice to the discussion, emphatically in oo~osl~i.~jiQ the proposed zoning changes. Please, let us not ~'c~on--~r~l~6~~e decline of those very values which make Southold such a pleasant place to inhabit. I am, Yours Sincerely, Mateo L~ ttunich NOTICE OF HEARINGS ON PROPOSALS TO ZONING ORDINAN{ Pur~t to Sectlon 265 o~ Town Law and Article XVI. Sec- tion 1600 of l;he Building Zone Ordina{3ce of the T. own of South- old, Suffolk County, New ~ork. a public hearing will be held by the Southold Town Board in the office of ~he Supervisor, 16 South Street, Ol~enpo.rt. New Yo,'k. in said'~wn 'o~;ithe lOth day of July,:i9?3, on~,the following pro- posals to amefld the Building Zone Ordinance (including the Building Zone Maps) of the Town of ISouthold, Suffolk Coun- ty, New York. '/:30 1:'. M. (EDST). by chang- lng from "A" Resident iai and Agricultural District to "B" Light BusinesS D/strict, the property Edgar and Arlene Marvin, uated at Southold. New York and more particularly bounded and desm'ibed .as follows: ALL that certain plot. piece or parcel of land, wi~h the buildings and improvements thereon erected, situate lying and being in the Hamlet and Town of Southo!d, Coqnty of Suffolk and Statue of New York, bounded and dc.~cribed as follows: BEGINNING at a l~)int Ol~ the easterly side of Railroad Avenue, also known as Youn~.'s Aven~e, said Point being feet southerly from thc of Curve at the inte:'.aect4or~ of Railroad Avenue wiH~:~'VIid- die Road: rum~ing tl~ence :a-- long land now or formerly of Joseph F. Carroll N. 8~: 30' 30" East 211.0 fee~ lo a~ iron pipe and land ~' Satko.~ki: running thence., alan?, said land of Sat~oskl S.. 8' O0" E. 201.0 feet to a.z~ iron pi~ and land of Tuthill: then~ along, said -land of ~thlll. S. 80" 30' 30" W. 211.0 feet to a monumen~ set m~ the ea.s~rly line of Railroad Ave- hue; thence along the e..,sterly line of Railroad Avenue. N. 10' ~" 201.0 feet to the point of BEGINNING. Exceptin~ therefrom that part of prop- erty p~sently in tht "B" Light B~in~s District. ~:~ P. M. f~T)',-, by chang- lng from "A" Residential and Ag~Cultu~al District to "B' Light Bu~ D~ict, the property of ~i~re G~nr, Inc.. situated at ~tch~e, New York, and more particularly ~unded and de- s~ as follows: ~ that certain pl~t or ~rcel' of land situate, lying and ~ing at Cutchogue. Town of ~uthold. County of Suffolk and: state of ~ew York, ~unded a~d described as fol- lowS: ~e ~int of ~ginnin~. is d~~ ~ follows: Begin- nin~ .a~ ~e ~int of intersec- ti~ of the northerly line of Main ~ with the westerIF 1i~ af "~ffi~g ~f,r~f. COUNTY OF SUFFOLK / STATE OF NEW YORKl~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I'TITUCK WATCHMAN, a public news- paper printed at Southoid, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- o.c eoc wee ......... ,ee successively, commencing on the ................. ~....~... ........... ........ ..... , Sworn to before me this ...... ~...~.. ........ day of ,eeee.eee. eeeeeeee. ~,es~er~y line of GrilTI~.~ Street, two courses- (1~ N. 40~' 23' 10" W. 73.50 feet and ¢2~ N. 42~ 29' 30" W. 218.~0 feei~ and thence alon~ l~nd of ~ure Grins. Inc., S. 5~~ 02' 20" W. 189.14 feet concrete monument and the ~int of b~ning, and from ..... j i ..... II ~id ~int of ~gm~ng r~- ning along l~d of The Roman Catholic Ch~ch' of ~e Sacred Head'at Cutc~ue, ~our cours~ and distances: (1) S, 76° 22' 50" W. 225.0 feet; (2) N. 69~ 35' W. 67.0 feet' (3) N. 37° 14' 50" W. 640.0 feet and ~4} N. 52~ 34' 50" E. 237.59 feet: thence along said land of' ~e Greens, Inc., S. 37~ 34' E. ~87.53 f~t to the point of beginning. 8:30 P. M. (EDST), by chang- lng from "A" Re~dential and Agricultural District to "C" Light Industrial District, the pl'ope~y of Alert W. Al~rtson, situated at ~uthold. New York, and more particularly bounded and de- scribed as follows' ALL that certain plot, p~ece or parcel of land, situate, lying a~d ~ing at Arshamomaque, Town of ~uthold, Suffolk County, New York, bei~g more particul~rly bounded and descried lows' BEGINNING at a ~int on Main Road 843.96 fee~ East of Bay Home Road' from said point of beginning runni~xg thence North 59'~ 40' 00" East 417.29 feet to a point: tl~e~cc South 18~' 20' 00" East 251.00 .feet to a ~int at the high water mark of Budds Pond; thence along said high ~'ater mark as measured by ~ tie line South 20 46' 40" West 469.06 feet to a point; thence North 30~ 20' 00' Wes~ 540.00 feet to the ~int of beginning. Any person O. esiring to be heard on the above proposed ame~d- meats should appear at the time and place so s~cified. Dated' June 22, 1973 BY ORDER OF THE SOUTHO~ TOWN BOARD ALBERT W. RIC~OND TOWN CLERK 1T~-28 NOTICE OF HEARING ON PROPOSALS TO AMEN~ ORDINANCE of the Town XVI, Z6ne Ordina: of York, . ~, !. be held _rd in the' 15 York~ day Zone~;~ (~ the BUiI~.~X~ Town of ~,:~~ty, New York]'~"::" ' · :i. _ '~~', ' eh~g~g f~m "A '*' R~i~ti~ ~d ~e~t~ ~s~ct to "B" Light Business District, the ~~y of E~ ~d ~len~ M~, sit~t~ at ~hold, New York ~d more ~tie~ly bounded .aha aeseribea as fo~o~: or ~eel of l~d, wi~ the ~~ ~d ~pmvements · e~ e~t~, situate ~d ~ ~ ~e Hmlet ~d To~ of ~uthold, ~mt7 of Suffolk ~d ~ate of New York, ~d~ ~d d~~ a~ fo~ows' B~G~~G at a ~int on ~e ~sterl~ side of ~ilroad ~venue, al~o known Yo~g'~ lvenue, ~id ~int ~g ~.0 f~ ~utherly from · e ~t of e~e at the in- ter~eetion of Railroad ~venue ~ ~id~e ~ad; ring then~ ~ong land now or formed~ of Jo~ph F. ~ast ~11.0 f~t to ~ ~on pi~ ~d l~d of ~tkos~; tinning thence ~ong said land of ~t~ws~ S. 8 de~ 10' E. ~1.0 f~t to ~ iron ~d l~d of ~thffi; thence along said l~d of Tuthill, S. ~ d~r~ ~' ~" W. 211.0 f~t to a monment ~t on the easterl~ l~e of Raikoad Avenue; ~ence along the easterly l~e o~ Railroad ~venue, N. 8 d~~ 10' ~" ~1.0 f~t to the ~int of BEGINNING. Excepting therefrom that part of pm~ pr~ntl~ in ~e "B" ~t Bu~in~_ Dist~et. 8-00 P.~. (~.D.S.T.), ~~~ ~m "A" Residential ~d ~e~t~ Di~t~ct to "B" Light Business -District, the pm~y of ~is~e Grins, Inc., COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: ........ S.%.u.~ .r~...~,..D.o..r~..n .............. being duly Sworn, says that ...h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county: and that the notice, of which the annexed is ~z printed copy, has been published in the said Suffolk Weekly Times once in each week, tot ........... .qn.e. ............. weeks successively commencing on the ...'....~¥.e.n.ty..e.~.~h.~.h. ...... day of June ~-~_~ 19 73 ._ .<.- . -/..7. . . ........ Sworn to ..be_~e me this .. day of. ~.~'.'~./:.,?. ~/~ .:..~.:' 19./-.~. ..)7 10-~P# L~,WR£flCE 'TOWNSEND NOTARY PUBLIC OF NEW YORK Resi~ing in Suffolk County Clks. No. 52-9366350 My Commissicn Expires March 30, 19~ ALL that certain plot or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: The point of beginning is .described as follows: Beginning at the point of intersection of the northerly line of Main Road with the westerly line of Griffing Street and running thence along said westerly line of Griffing Street, two courses: (1) N. 40 degrees 23' 10" W. 73.50 feet and (2) N. 42 degrees 29' 30" W. 218.70 feet and thence along land of Leisure Greens, Inc., S. 51 degrees 02' 20" W. 189.14 feet to a concrete monument and the point of beginning, and from said point of beginning running along land of The Roman Catholic Church of The Sacred Heart at Cut- chogue, four courses and distances: (1) S. 76 degrees 22' 50'"W. 225.0 feet; (2) N. 69 degrees 35' W. 67.0 feet; (3) N. 37 degrees 14' 50" 640.0 feet and (4) N. 52 degrees 34' 50" E. 237.59 feet; thence along said land of Leisure Greens, Inc., S. 37 degrees 34' E. 787.53 feet to the point of beginning. 8:30 P.M. (E.D.S.T.), by changing from "A" Residential and Agricultural District to "C" Light Industrial District, the property of Albert W. Albertson, situated at Southold, New York, and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.~ feet East of Bay Home Road; from said point of beginning running thence North 59 degrees 40' 00" Eas~. 417.29 feet to a point; thence South 18 degrees' 20' 00" East 251.00 feet to a point at the high water mark of Budds Pond; thence along said high water mark as measured by a tie line South 20 degrees 46' 40" West 469.06 feet to a point; thence North 30 degrees 20' 00" West 540.00 feet to the point of beginning. Any person desiring to be heard on the above proposed amend- ments should appear at the time and place so specified. Dated: June 22, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W. RICIiMOND, of Southol:~, Tc...¢~ or Southold, New York, being duly sworn, says that he is over age of twenty-one years; that on tke 2nd d~v of July 1973 , he affixed a notice' of which the annexed prin[ecl is a true copy, in a proper and substantial manner, in ~ most public place in the Town of Southold, Suffolk County, York, to wit:-Public Hearing - July 10, 1973 7:30 - Edgar & Arlene Marvin 8:00 - Leisure Greens, Inc. 8:30 - Albert W. Alber tson Town Clerk Bulletin Boar~], Town Clerk'Offic~. Main Road, Southold, L.I.,N.Y. Sworn to before me this 2nd day of July , 19 73 ~otary Public JUDITH T. BOKEN Nolary Pubhc State of New York No. 52.0344963 Suffolk Coc.,nt.~ Commission Expire~ March 30, Albert W. Richmond, Town Clerk OFFIP. E OF SUPERVISOR TOWN OF ,.~OUTHOLD OI~E£NP~'IF~T. L. I,, N, ¥. August 20, 1973 Soutbold Town Planning Board Southold New York 11971 Att: Mr. John Wickham, Chairman Dear ~Ir. Wickha~, In view of the enclosed letter from Mr. Lefferts P. Edson, attorney at law, the Town Board of Southold will not give a decision on this hearing as the attorney wishes to withdraw original application. Very Truly Yours, Albert Mo t~artocchia SuperTisor encl: letter LEGAL NOTICE NOTICE OF HEARINGS ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and Article XVI, Section 1600 of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Southold Town Board in the office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 10th day of July, 1973, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7:30 P.M. (E.D.S.T.), by changing from "A" Residential and Agricultural District to "B" Light Business District, the property of Edgar and Arlene Marvin, situated at Southold, New York and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being in the Hamlet and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Railroad Avenue, Also known as Young's Avenue, said poing being 63.0 feet southerly from the point of curve at the inter- section of Railroad Avenue with Middle Road; running thence along land now or formerly of Joseph F. Carroll N. 80° 30' 30" East 211.0 feet to an iron pipe and land of Satkoski; running thence along said land of Satkowski S. 8° 10' 00" E. 201.0 feet to an iron pipe and land of Tuthill; thence along said land of Tuthill, S. 80° 30' 30" W. 211.0 feet to a monument set on the easterly line of Railroad Avenue; thence along the easterly line of Railroad Avenue, N. 8° 10' 00" 201.0 feet to the point of'.'BEGINNING. Excepting there- from that part of property presently in the "B" Light Busines District. Legal Notice Page 2 8:00 P.M. (E.D.S.T.), by changing from "A" Residential and Agricultural District to "B" Light Business District, the property of Leisure Greens, Inc., situated at Cutchogu~ New York, and more particularly bounded and described as follows: ALL that certain plot or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: The point of beginning is described as follows: Beginning at the point of intersection of the northerly line of Main Road with the westerly line of Griffing Street and running thence along said westerly line of Griffing Street, two courses: (1) N. 40° 23' 10" W. 73.50 feet and (2) N. 42° 29' 30" W. 218.70 feet and thence along land of Leisure Greens, Inc., S. 51: 02' 20" W. 189.14 feet to a concrete monument and the point of beginning, and from said point of beginning running along land of The Roman Catholic Church of The Sacred Heart at Cutchogue, four courses and distances: (1) $. 76° 22' 50" W. 225.0 feet; (2) N. 69° 35' W. 67.0 feet (3) N. 37° 14' 50" W. 640.0 feet and (4) N. 52° 34' 50" E. 237.59 feet; thence along said land of Leisure Greens, Inc., S. 37~ 34' E. 787.53 feet to the point of beginning. ~egai Notice Page 3 8:30 P.M. (E.D.S.T.), by changing from "A" Residential and Agricultrual District to "C" Light Industrial District, the property of Albert W. Albertson, situated at Southold, New York, and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59° 40' 00" East 417.29 feet to a point; thence South 18° 20' 00" East 251.00 feet to a point at the high water mark of Budds Pond; thence along said high water mark as measured by a tie line South 20° 46' 40" West 469.06 feet to a point; thence North 30~ 20' 00" West 540.00 feet to the point of beginning. Any person desiring to be heard on the above proposed amendme~ should appear at the time and place so specified. Dated: June 22, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISH ONCE, JUNE 28, 1973, AND FORWARD SIX.(6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. ts ~egal Notice Page 4 Copies mailed to the following on June 22, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. Edgar Marvin Richard F. Lark, Esq., a/c Leisure Greens, Inc. Rudolph Bruer, Esq., a/c Albert W. Albertson Supervisor Albert M. Martocchia COMMISSION Seth A. Hubbard ChaPman Lee E. Koppelman D/rector of Planning Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Veterans MemoriM Highway Hauppaage, L. L, N. June 7, 1973 724-2500 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, N. Y. 11971 Re: Application of "Albert W. Albertson" for a proposed change of zone from "A" Agricultural and Residential to "C" Light Industrial District, Town of Southold (SD-73-15) Dear Mr, Wickham: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 6, 1973 reviewed the above captioned zoning action and after due study and deliberation deemed this change of zone to be a matter for local determination with the understanding that subject premises is to be restricted to a marine related use and that appropriate environmental controls are considered to adequately protect the marine environs. Very truly yours, Lee E. Koppelman Director of Plan.nin~ Gera~ld C. Newman Chief Planner GG~:ec cc: Mr. Albert W. Richmond, Town Clerk TOWN CLERK 765-3783 Building Dept. l Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of i-he Consolidated Laws, Article i2-B, Sections 239-1 and m, the ...~ll~...~)!rd ............... of the town of Southold, N. Y. hereby refers the following (agency involvedI proposed zoning action to the Suffolk County Planning Commission: [check one) .. New and recodified zoning ordinance ............ Amendment to the zoning ordinance ..~ Zoning changes ........... Special permits ............ Variances Location of affected land: .!~/S..~!.~I7~... within 500 feet of: (check one or moreI ........ Town or village boundary llne .~... State or county road, parkway or expressway ......... State or county park or recreation area ... Stream, or drainage channel owned by the county or for which the county has established channel lines ...... State or county owned parcel on which a public building is situated pro~rt~ is tiaa~ ~t~d. Date: ................................ (signed) C:h&L~Mm~ Planning Board Title Date received by Suffolk County Planning Commission ................... File No ..................... Southold Town Planning Board SOUTHrlLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle May 31, 1973 Southold Town Board 16 South Street Greenport, New York 11944 Re: Application of Albert W. Albertson - Change of Zone Gentlemen: This is to advise you that the following resolution was passed by the Southold Town Planning Board at a meeting held on May 30, 1973. In the matter of the original petition of Albert W. Albertson, relative to a change of zone from "A" Residential and Agricultural to "C" Light Industrial on certain property situated at Arshamomaque, New York, "IT WAS RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial of the change of zone from "A" Residential and Agricultural to "C" Light Industrial on the above described property." The Board bases its recommendation on the report of the Southold Town Conservation Advisory Council, copy attached. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle Enc. SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Mattituck,N. Y. May 18, 1973 Mr. John Wickham,Chairman Southold Town Planning Board Southold,L.I.,N.Y. 11971 Dear Mr.Wickham: The $outhold Town Conservation Advisory Council wish to thank the Town Planning Board for utilizing our serwices. We have inspected the north-west side of Budd's Pond and have found it to be a tidal wetland with bog and the necessary ~asses, We do not recommend a change in zoning. Very sincerely,_ ~ Thomas B. Reeve,Secretary Southold Town Conservation Advisory Council AL. BERT [~FF .ERK -c::nUTHQLD, L. I., N, Y. 119'71 March 28, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Cutchogue, New York 11935 Dear Mr. Wickham: The original petition of Albert W. Albertson requesting a change of zone 6n certain property situated at Arshamomaque, New York, from "A" Residential and Agricultural District to "C" Light Industrial District is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official ~eport defining the conditions described in the petition and determine the area so affected with the recommendation of your Board. Very truly yours, Albert W. Richmond Town Clerk May 8 , 1973 Thomas B. Reeve, Secretary Southold Town Conservation Advisory Council Haidcn Lane Mattituck, New York 11952 Dear Mr. Reeve: The Southold Town Planning Board r-espec,_fully requests that the Conservatirjn Advisory Council review the enclosed application for a change of zone £rom "Al' A~ricu!tural and Residential to "~" Light ~~or Albert W. A!bertson on property at Arshamomaque. We would appreciate your conunents on thJ. s. Very sincerely, JW: t le John Wickham, Chairman Southold Town Planninc Boar'.! P L,\[,~ r.~l ?.h; John V':c!:.ham, Chairman :G[JlJ¥IlML[D, L., I., lq. Y. 11g'71 Mai' 8, 1973 £.lr. m.'.,~omas B. Reeve, Secretary Southold Town Conservation Advisory Council Maiden Lane H:~ttituck, Now York 11952 Dear Mr. Reeve: The Southold Town Planuh~g ~]oard respectfully requests that the Con:?;rvation Advisory Council review the enclosed application for a change of zone from, "A" A~ricultura! and Residential to "~' Light ~ for Alb~.~t W. Al_b~.~tson oA !Jrop~rty at A~-shomomaque. We would appreciaLe your conunents on tt~is. Very sincerely, '> . - "',; -,._ '"'-.i'-_.. ~-~<'~';~ ";"' ~ ~- '" """ John Wickham, CNairman Southold Town Planning Board JW: tle .% ........ Regular Meeting of the Southold TC~n..'.Oonservation Advi8ory Council ............ On May..!~i97~5,7:~Op.M. at Town Clerk'..s. office,Meeting opened at .the Call of-Chairman Frank Ku~awsk.i Jr. also ·present were Ellen _ ,DeMaria,TerrY Harnan,John PlOck St, ,.O__h. ar~eef Me, er & .Thomas Reeve · ' absent .Frank Cichanowicz ~rd. Communication read from Planning i regards to change of zoning for Albertson Marina on Mud Creek, the Council has inspected the property and are o~f the opinion that 'it. ehoul~'emain-as~ residential to help p~eserve ..... the existing 'wetlandslOhas.MeYer ·made a motion seconded by Ellen DeMaria that a membe~of this council could be an obse~-ver at the Planning Board and Town TruSt,e meetings,passed by. membership. Chairman Frank Ku~awski.'Jr. asked the Secretary to' contact a Mr. '' A.Milier or. someone in the know aboU~['the we~iands map for the ..... towns, of QUogU'e,westhamPton,So~tham~On .an~ EasthamPton. Chas. "' ·Meyer m. ade a motion Seconded bY'-E1ie~ DeMari'a tha~ the Chairman ........... · "i "aSk' the ~own -b'j'a~d' for. $1,000 to 'b~' used'"aS ·'matching funds for a ....... ~ F0~d FoUn~a%i0n gra~t to map the we~lands~pAssed .by council. ...... :' Ohairman asked secretary ~5 inGUire from the State about the ........... ~dvisaBiIity..'ofl dr~ging the semi-stagnant ·creeks within the ..... Township,Ohas-made a motion,seconded 'by Ellen· DeMaria that we ........ ask the' Town Board for a'moratorium-on-the use of water soluble · ~':'.'nitrates,passed· by Council.meeting adjoined, at 8:'~5 P.M. '' Thomas B. Reeve ' Secretary CASF. NO: .....'r....'....~... ....... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD FoR A c,~G~.. MOD~CA~ON 0,~ ~NDME~'~' OF T~ ~,~,~ ZO~ O~,N- ~C~. O~' T,~ TOW~ OF SO,~T~O'~. S,~FO,~ CO,~T~. N~W YO,~. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I .... ~.iD..~.~.~.....W.,...&J,D..~x.t;..sg.D. ................ , residing at (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at .~q~.la.~;b.~J.~l,...JS.qw...X.o.~.l~ .............. and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59 degrees 40 minutes 00 seconds East 417.29 feet to a point; thence South 18 degrees 20 minutes 00 seconds East 251.00 feet to a point at the high water mark of Budds Pon~; thence along said high water mark as measured by a tie line South 20 degrees 46 minutes 40 seconds West 469.06 feet to a point; thence North 30 degrees 20 minutes 00 seconds West 540.00 feet to the point of BEGINNING. 2. I do hereby petition the Town Board of the Tow,] of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including ~he Building Zone Maps heretofore made a part thereof, as follows: Change the zone from its present zoning of A Residential to C Industrial. 3. Such request is made for the following reasons: Petitioner needs this property as a necessary waterfront adjunct to petitioner's marine business located, on the Main Road. IL. S.) Albert W Albertson STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ..... .~. ~...b...e..r..t...W.,.....A...1..b...e..r..t..s...o..n.. ............................ BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters he believes it te be true. Sworn to before me this 1.3.th_. day of ...lVlar. ch ................... , 19...7..3. ~F K RODERICK VAN TUYL, P. C, Greenport,. New York 11044 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by Albert W. Albertson requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps mode o port thereof by chang- in~ from"A" Residential & District to "C" Liqht Industrial ~ ........... ~,~'~ 1'6 ~'l'~;~'I ............................................... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....~.~.~.~- ....... day of ...................... ~.a.~ ................... , 19..7.~'.., and due deliberation having been had thereon NOW, THEREFORE, BElT RESOLVEDthatthereliefdemandedinsaid petition be, anditherebyis GRANTED -- EXCEPTING therefrom a strip of land 40 feet wide along the legnth of the westerly side of the above described property to serve as a buffer zone, January,27, 1975. BY ~)RDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND, TOWN CLERK D~cember ~ ,~ 1975 Rode ric k VanTuy~ Front & Eain St Gre e,'.,-.,,-; z'b ~ Ap.~)a ~sntiy sore®one t~.'~e ::cning map when slipped up and did ammendment # 101 was not order adopted. and EZl¢ 10' ' "-' ', descri~ tion cf the ammendment affec ted. notice dated the Clerk ~m.he ti~e revisions m. ecessary and print one wa]~l map. truly new sheet copy for Bui 16 in g Inspector NOTICE OF AMENDMENTS .TO TOWN ORDINANCE AMENDMENT NO. 101 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board.of the Town of Southold, Suffolk County, New York, held on the 30th day of July, 1974, the Town Boar~'-enacted the following amendment to the Town Ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone 'Map forming a part thereof as follows to wit: Amendment No. 101 amends the Building Zone Ordinance by changing from "A" Residential and Agriculture District to "C" Light IndUstrial District on property situate at Southold,. New York, and more par- ticularly 'bounded and described as follows: BEGINNING at a point on 'Main Road 843.96 feet East of Bay Home Road; from said .~point of beginning running thence North 59 degrees 40' 00" East' 417.29 feet to a point; thence South 18 degrees 20' 00" East 251 feet to a point at the higi~ water mark of~Budds Pond; thence along said high water .mark .as measured by a tie line South 20 degrees 46' 40" West 469.06 feet to a point; thence North 30 degrees 20' 00" West . 540.00 feet to the point of BEGINNING. EXCEPTION therefrom a strip of land 40 feet wide along the length of the westerly side of the above described property to serve as a buffer zone. Dated: August 5, 1974 SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK COUNTY OF SUFFOLK. STATE OF IVEW YORK. ~ ss: ........ $ ~.~.~..r.~..~. :..I?.o..r~m .a.~ ............ being duly Sworn. s~s that ... ~. is Printer ~d Publisher of ~e SUFFOLK WEEKLY TIMES. a news~r pub~sh~ ~ Gr~n~rt. ~ ~d county~ and ~at t~ noti~, of which ~e ~e~ ~ u pr~t~ ~PY. ~s ~en published in the ~d Suf~lk W~~ T~es once in ~uch w~k~ ~ ......... ~.- suc~ssiv~ly commencing on ~e ......... ~ ............. d~ of . A u~us~-'-.~~ .............. ~..~-~.."f~.,./.X...; ;'~ :~ ~...,.. :.. ........ Sw~ to ~i~e me this ... of A~ust aay .... .~ ...... .~. . ' " eel 'el eeeeseeeeel.eeeeeeeeeeeeeeeeeeeee. ~esi. C~ks. ~. ~y ~o~c~ o~ TO TOWN 0 ~ ~IN~~ ~END~~ NO. 101 NOTICE IS HEREBY .GW~' . that at a ~et~g..'~;~,:t~e .Town,. Board 0f the Town ~~ ~ Suffo,~ Cou.t~.~ ~e~. on the 3~h d'y '~ Town Boarden~ the fotl~ing ~' amendme~~n ~in- ance enti~in~~ ' together ~ the Bui~inz?~ne ':Map formin~ .... ' ..... ' ~":'~ ~ '~'' ~' . follows to W~ ...... :,.' .... '" chansing ~m'"A', ReSidential ~nd A~riculturat ~s~ct-to '~r ot'A~,W-~A~benS°n, ~r.. 'situate- a~~'(~N~- and - B EGINNIN~ ~~t on' ~a~n Home Road; ~om said point-~- - b~nin~ running thence $9' ~0~. ~" East~.4l~.~9 tect to a 't~:.-~l~ ~ ?~i~ water mark as measured bra tic line ~0' ~" west ~m ~ to' t~e EXCE~NG the~om a or.~ana~-~a0 t~t. '~ ~ the ~t~ ~r th~ester~i~ =~ the ~v~ ~s~d ~~r to ~rve a8 a ba~cr zone. Dated: August 5, 1974 TOWN CLERK 1T, 8/8 COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the a:nnexed is a printed copy, has been published in said Long Island Troveler-Mottituck Watch- man once each week for ... ' "/ -'... ' ... wee~ successively, commencing o the ................. (LJ.' ......... ..... ........ Sworn to before me this ........ ~ ..........day of ................ , 19..~.~.~. ADELE PAYNE Notary Pu'.,'~lic. Si3~e n( New Y0d~ Residing in Sui~otk County r,io. 52-:~':3:~ IOO0 CommLssion Ex~;,res March 30, 197,"..) STATE OF NEW YORK: COUNTY OF SUFFOLK: South©id, SS: ALBERT W. New York, being dul!' sworn, RICHMOND, of ~OUE!l~31.:, salts tkat ne is c,~.~.: t~.~ age of twenty-one years; that on the 12th day uf _Augu_st_ !9 74 he affized a notice of whzc~ the annexed prlnn ~c is a ~rue copy, in a proper and substantial r~anner, uubl~c place in the Town of Southold, Suffolk Coun-..-, lfe~.~ York, to wit:- Notice of Amendment No. 101 A. W. Albertson, Jr. Town Clerk Bulletin Board, Town Clerk Office Main Roa__d, Sworn to before me this 12th day of August 1974 S?uth_ql.d, L.I.,N.Y. g~ta r y Public NOTICE OF AMENDMENTS TO TOWN ORDINANCE AMENDMENT NO . 101 - , 11 , , NOTICE of the Town the 30th day IS HEREBY GIVEN that at a meeting of the Town Board of Southold, Suffolk County, New York, held on of July, 1974, the Town Board enacted the following amendment to the Town Ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Map forming a part thereof as follows to wit: Amendment No. changing from 101 amends the Building Zone Ordinance by "A" Residential and Agricultural District to "C" Light Industrial District on property of Albe.~_t~o~_ .... Jr._ situate at Southold, New York, and more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59° 40' oo" East 417.29 feet to a point; thence South 18° 20' 00" East 251 feet to a point at the high water mark of Budds Pond; thence along said high water mark as measured by a tie line South 20° 46' 40" West 469.06 feet to a point; thence North 30° 20' 00" West 540.00 feet to the point of BEGINNING. EXCEPTING therefrom a strip of land 40 feet wide along the length of the westerly side of the above described property to serve as a buffer z~ne. Dated: August 5, 1974 SOUTHoLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK Legal Notice Page 2 PLEASE PUBLISH ONCE, August 8, 1974, AND FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD, 16 SOUTH STREET, GREENPORT, NEW YORK. Copies mailed to the following on August 5, 1974 The Suffolk Weekly Times The Long Island Traveler-Mattituck Supervisor Albert M. Martocchia Mr. A. W. Albertson, Jr. Watchman Public Hearing held at 7:30 p.m. on May 21~ 1974. Present were: Supervisor Albert Martocchia, Justice Martin Suter, Justice Louis Demarest, Councilman James Homan and Councilman James Rich, Jr. Councilman Rich read the notice of hearing. Pursuant to Section 265 of the Town Law and Requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing 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 21st day of May, 1974, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the To%rn of Southold, Suffolk County, New York. 7:30 p.m. (EDST) by changing from "A" Residential and Agricultural District to "C" Light Industrial, the property of Albert W. Albertson situated at Arshamomaque, Town of Southold, New York, and more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59° 40' 00" East 417.29 feet to a point; thence South 18° 20' 00" East 251.00 feet to a point at the high water mark of Budds Pond; thence along said high water mark as measured by a tie line South 200 46' 40" West 469.06 feet to a point; thence North 30° 20' 00" West 540.00 feet to the point of BEGINNING. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. Dated: May 2, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK Proof of publication were presented by the Suffolk Weekly Times and The Long Island Traveler - Mattituck Watchman. The following letter was received from the Suffolk County Department of Planning, dated April 4, 1974 to the Town Clerk. Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on April 3, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action deeming this change of zone to be a matter for local determination: Town Boar aring -2- May 21, 1974 Be It Resolved, that the above captioned change of zone is deemed to be a matter for local determination with the understanding that: 1. The premises is to be restricted to a marine related use; 2. Appropriate environmental and site plan controls are considered to adequately protect the adjoining marine environs: and 3. Petitioner will comply with applicable provisions of the "Tidal Wetlands Act". Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner The following letter under date of February 22, 1974 was received from the Southold Town Planning Board. This is to advise you that the following action was taken by the Southold Town Planning Board at a regular meeting held on February 20, 1974. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial of the change of zone from "A" Residential and Agricultural to "C" Light Industrial on certain property of Albert W. Albertson situated at Arshamomaque, New York. This recommendation was made based on the report of the Southold Town Conservation Advisory Council that this property is one of the few remaining, functioning wetlands in this area and should be kept and maintained in this manner. The following letter under date of February 5, 1974 was received from the Southold Town Conservation Advisory Council and directed to the Southold Town Planning Board. Mr. Albertson's property concerning a zoning change was inspected by our council on January 27 during the afternoon. We inspected the property at high tide. We found the property is definitely wetland intermittantly covered with tidal water. There was much evidence of peat bog which was biologically Town Boar aring -3- May 21, 1974 active. There was approximately 3½ acres of wetland mostly consisting of spartina alterniflora, with some spartina patens near the water. The wetland and beach exhibited the following types of species: clams, oysters, mussels, and fiddler crabs. It is our opinion this wetland must be maintained in its natural state. A forty-foot buffer zone would not be help- £ul to the wetland, the biological cycle of life, or accomplish any biological benefit to Southold Town. This is one o£ the few remaining, functioning wetlands in this area and should be kept and maintained in this manner. Frank A. Kujawski, Jr. Chairman Supervisor: You have hear the reading of the notice and the description of the property in the application, the legal notices in the proper papers, the recommendations of the Suffolk County Planning Commission leaving it to local deter- mination with some thoughts, the Southold Town Conservation Advisory Council opposing it because it is one of the few properties we have to try to save, the Southold Town Planning Board in support of the Southold Town Conservation Advisory Council. At this time, I will entertain anyone who wishes to speak in favor of the applicant. Rudolph Bruer, Esq., attorney for the applicant: A year ago I stood before you with a similar application and at that time, after a hearing and before a decision, we withdrew our application because there was certain opposition to the change of zone from the residents to the west. In compliance with the request of these residents we amended the application to withdraw forty feet on the westerly side of the property from the request. What we proposed instead is that this forty feet would forever be kept as a buffer zone. The treed area would be a buffer area to the property. It is our position that the request should be granted, if for no other reason, we feel it fits in with the master plan of the Town of Southold. This is the ideal place for further industrial property. An examination of the area is very simple. There is an adjoining premises of "C" zone to the east with a marina and boats in there, to the north is all business, across the street is property owned by Mr. Morris and the property goes well beyond the distance of the property in question. An examination of the zoning map will show a good argument that part of the property is zoned "C" zone approx- imately a continuation of this line across. You do have here a piece of property which is half duck and half chicken. I have here a copy of the zoning map, the subject property is here. The zone map is broken dow~ in such a way to show individual parcels. If you go across there on the natural Town Boa~ ~aring -4- May 21, 1974 course, it is zoned "C". I would like to point out £urther. Ail to the north is business, the railroad; to the east all "C" zone. To the west is a development. The cha~anel was given by the present owner o£ this property in order that the channel could be cut through and the residents could have the bene£it o£ a channel to get into their property. I have here an aerial photograph o£ these premises. I would like to point out the character o£ the area. It is all built up business/marina use. The premises in question are from the east o£ my finger here and you will notice that is all used by a boat property owner. It has also been pointed out to me that the subject premises has been used about twenty years £or marina type property by Mr. Morris. I £urther submit that an examination o£ this property from this hearing and the one be£ore, it is impractical to be used as a residence. The zoning to the north and to the west does not make it feasible for a nice residential house. It is ideally suited for a marina type business or restaurant use. Regarding the wetland aspect of the property, the law provides that before any building permit will be issued the owner will have to go be£ore the New York State Environmental Protection Agency. They will have to approve the use o£ the property before a public hearing. That type o£ protection is built in. The arguments that this piece o£ property should always be used as a natural sanctuary means means the lack of use of this property other tha~ this use. It precludes it being used for a house. An individual building, a house, would have to go be£ore the environmental people. To deny that use would be confiscatory in my opinion. The proper use of this property is industrial or business use as the application requested. I believe many of these arguments were heard a year ago and I don't want to take up your time any further. We do respect- fully request the Board to grant our change o£ zone. Albert W. Albertson, Jr.:I think one o£ the reasons for the problem is that we would be putting docks out in the channel so that people could not come out o£ their channel. I can assure you here is a man that can't go in the marina business for twenty years. I am not going to. I have someone who would like to put up a nice restaurant with no boats in the front because he wants to keep the wetlands the way they are. For this reason, I feel it would be muoh better done this way than the way it is now, sort o£ a junkyard. We are willing to give the forty £oot strip and I can assure you it would be a very good looking piece of property but it would never be a boatyard. Supervisor: Why are you asking for a "C" zone for a restaur- ant? Mr. Bruer: At the time the application was made Mr. Albertson was in the marina business and his intention at that ti m~ was to sell it. He is bound contractually to provide a launching ramp to the present buyer of his business. The application Town Boa~ 3aring -5- May 21, 1974 was made at the time the use was for that. this is a proper use. I still feel Supervisor: Is there anyone who would like to speak in opposition to the application? M~. Whitney: I have been a property owner for six years on Bay Home Road. I happen to be the president of the Willow Point Association. We are very much opposed to this change in zoning. There are thirty-one property owners who have put up very nice houses. At 4:30 Sunday morning I was awakened with a loud speaker from Port of Egypt or the Southold Fishing Station. Instructions came over for some person who had left the dockage leaving insufficient deposit. There is no need for this and we don't need it in the neigh- borhood. At the present time there are two marinas. Sunday morning you couldn't get a parking spot there. The traffic is tremendous. There is absolutely going to be an accident there. I saw two ambulances headed for Greenport who had to slow down. I don't know if any of you saw that property this past weekend. You couldn't possibly get into Armando's. This isn't what we need. With two marinas and another one coming in, we are very much opposed to it. Lorraine Terry: Under "B" restaurants are listed, also docking and mooring facilities, why again is a "C" necessary? How much land is actually wetlands and how much is upland? The contract Mr. Albertson has made for the twenty-year period, as long as you are the owner you cannot operate a marina, but a marina could be operated if the zoning change were granted. Correct? Supervisor: Yes. Cliff Cornell: I am opposed. That property would not be used residentially being the eastern boundaries are on~ commercial property. When we purchased our property we took this into consideration. For the same reason that he feels it would never be used for residential is the same reason we feel it shouldn't be changed. Vincent Tirelli: Mr. Bruer said last year we made a remark that we would accept it if there was a forty foot buffer zone. We didn't make the proposal. It was made by the League of Women Voters. We were against it with or without the buffer zone then and we are now. Theresa Spetsiotes: I am almost the last person to build but I know when I looked into the property I was gratified about the "A" zoning next to me. The houses are $85,000 homes and up. I don't know that much about wetlands but I have had seven sets of mallards. We do not clam the area. I have fish eggs and we leave them. I have birds that I have never seen. I do like the idea of the birds being there. I don't see any reason for "A" to "C" when you do Town Boar ~aring -6- May 21, 1974 have moors and a restaurant in "B". Your master planning board sets up one thing and suddenly you have the north and the south and you might as well take this too. George Dornauer: In that area we have three marinas within a quarter of a mile. They service over four hundred outboards. If we have another launching program we will have other out- boards come. They throw alot of oil and gas into the water. Not outboards, inboards. This is pollution and plenty of it. If this is going to be a launching platform there will be more with more pollution and I don't think we need more pollution. Besides, all the fish that are being thrown into the water. They clean the fish into the water and throw it right there. It is three foot deep where you can see fish. Most people fillet the fish and throw it into the water. We have it floating down. I think three marinas in a quarter of a mile might even be a fire hazard. Joseph Magagnin: I am presently building a house and I go on record as opposed to it. I go along with your own advisory council. Robert Guariello: I live in Budds Pond. I bought the property to have a boat in my backyard. The only means of exit or entrance is the channel that borders the property. It is said that the original owner allowed that to be built. It was probably to put the fill on his land. Any launching ramp will block the channel. I don't see how this otherwise will not be done. Eleanor Lenaz: I would like to go on record as being opposed to another marina. I go along with Mr. Whitney. I don't understand the system out here. The only way you are aware of a meeting is to read the paper. I feel sorry for people who are owners who have no way of knowing there is a problem that very much conerns them. If it hadn't been for Mr. Whitney I wouldn't be aware of the meeting tonight because I didn't happen to see it in the paper. Supervisor: The floor is open for general discussion. Mr. Bruer: There possibly is one misleading statement. I did say Mr. Albertson is obliged to provide an area for Mr. Witsky but that is only if he is barred from mooring them in any other place. Regarding the ecology points that were raised I would like to say that the council that examined the property, did they propose any constructive use? Regard- ing pollution of the water, if you look you will see a situation where you have a dredged canal which all conserva- tion groups would presently oppose if it were to occur today. The important point is the situation exists. Port of Egypt isn't going away tomorrow. Neither is the Fishing Station, nor the motels. This is the perfect place and would not be a marina type situation here. A restaurant is his intended use at this time. The master plan does contemplate further Town Boar ,aring -7- May 21, 1974 development and this is the area they would designate to be the next "C" zone in this area. It is illogical to have it otherwise, The residents to the west say we are selfish. It is selfish for them because they are primarily the only opposition. The ownership of this channel could possibly be questioned and the use should be taken into consideration by the board. A close examination of the map will show that the easterly part of the property is zoned "C" as it stands. The owner in designating a forty foot buffer is very generous and I think it should satisfy the residents. Mr. Albertson: I think this business about a launching ramp has gotten blown out of shape. This would only happen if they closed all the launching ramps in the Towa of Southold.. There is no chance of it ever happening. I certainly hope not. With the buffer zone and with a nice little restaurant in the area I don't see why you want to take the chance. Things are growing and they are going to grow. Do you want the situation right next door to you. Whether it will go through or not, I don't know. The £irst thing that would happen is a fence put up against his launching ramp and put in a nice little restaurant with nothing in the water. If I were you people I would consider this strongly. I will sell the property for restaurant use. We have put in for a "C" zone. I don't know if it could be put into contract for restaurant only. Q. Once you have the zoning it is a process o£ who sells to who and where it will stop and someone can open a restaurant eventually. Mr. Albertson: the way it is. I don't k~ow how it can be done, but this is Mr. Bruer: This doesn't preclude anyone else coming in £or industrial zone either, Jean Tiedke, League of Women Voters: I appreciate your taking up the idea of a buffer zone but I question asking for a C zone instead o£ a B zone. You do not actually own the property now. Is that correct? I think it is too bad you came back £or another "C" zone. How many acres is it. Supervisor: 2.17 acres. Ms. Tiedke: How much did the advisory council say was wet- lands? Supervisor: Approximately 3½ acres. Ms. Tiedke: I would say that a continuous development next to a large area of business and keeping a buffer is a help, but I would recommend that "B" zone be used instead of "C" zone. Town Boar~ ~aring -8- May 21, 1974 Mr. Albertson: I would at this time switch it over to "B" zone and be very happy. Can the board switch it to "B"? Supervisor: It is based on a "C" zone tonight. Mr. Tasker: No, i£ you want anything different you have to go for another application and another hearing. Ms. Terry: How much land is actually wetlands? Do you know? Mr. Bruer: You would need an actual survey and a biologist' or ecologist to determine exactly what is wetlands. I think you should walk the property. Q. Mr. Bruer mentioned about the State Conservation Board. We have just been through that with our property. You have people in Stony Brook that don't know the area and it is signed by someone in Albany who doesn't know what Southold is. We have to take care of it ourselves and not depend on strangers. Supervisor: Albany would make their decision based on the survey team from Stony Brook. Q. We just applied and we know of no person who came to the property to look. Supervisor: They come on site most o£ the time. Mr. Guariello: I respect Mr. Albertson's word and I don't see how we can accept his word when someone else is going to own the property. Mr. Albertson: I got first refusal approximately nineteen years ago. Since that time you have moved there and I haven't been able to purchase the property because of some sort of legal problem so I have just gotten to the point where I can buy. I can go anywhere you want to go to prove it is going to be a restaurant. Mr. Guariello: How can you guarantee this? Mr. Albertson: Legally, maybe I can. I don't know. G. I bring up the question again. What are you going to do for parking facilities. Mr. Albertson: He has to provide parking for a restaurant. ©. I was down the Port of Egypt at 8:15 Sunday morning. There were 22 ears in line to use that launching ramp. that what you want in Southold? Is Town Boar ~aring -9- May 21, 197~ Why does he allow another man to dump on his property? Mr. Albertson: yet. I am just on contract. I am not the owner Mr. Bruer: Mr. Morris has used it as such for fifteen or twenty years and he may have some rights. If you look closely at the map of the subject premises and the zoning map you will find part of these premises are already industrial. Comment: These old boats are an eyesore. Mr. Bruer: This type of situation would be cleaned up. ©. It has been there for twenty years? Mr. Bruer: The new owner would have it for a different type of use. Anything Mr. Albertson has is a decent piece of property. Comment: We are coming to the Town Board with pictures of the material that is being thrown around here. We will show you pictures of automobiles on the land and they are unsightly. Mr. Albertson: This is one of the main reasons I can't under- stand why you people won't go along. We will change it. The boat launching should never have been brought up. It is nothing. G. For fifty cars launching boats there? Mr. Albertson: I would only have it for the man on the main land to keep boats. Comment: That would lead into docking boats in the water. Mr. Albertson: You will not see this happen. It is only for four years. Iff they do decide to close down all the ramps in the Town of Southold. Where he came from, the public ramps closed down the use of the ramps for public use. It is just for him to put his boats in the water. Mr. Cornell: He isn't bordering on our property line. Your restaurant is going to be right on top of us. Mr. Albertson: I went to the girl who owns the property right to the west and she doesn't care. I think you should take this into consideration. We are going to have to keep building. These gentlemen aren't going to be on the board for the next fifty years. Ms. Tiedke: Maybe, there are some other ordinances you should consider. Cleaning fish on the end of the docks and dumping debris and providing parking lanes rather than have them on the Main Road and it is not going to improve. Town Boar ~aring -10- May 21, 1974 Comment: The one thing I think is wrong. We are already going to Mike Morris. It is the dumping of other things, plastic bags and other things and this is what makes a mess down there. Ms. Terry: In the event that a zoning change is granted here and Mr. Albertson changes it to a "B" or whatever, this property is obviously primarily wetlands. The DEC, Tidal Wetlands and Southold Town prohibit the filling of wetlands. Suppose this happens. Then what happens to the property. Suppose the change is made and the town and the DEC forbid any fill, what happens to the property? Supervisor: Some of it is upland. There is a reasonable amount of upland. Ms. Terry: Is there room for a restaurant and parking on the uplands? Supervisor: I would say there would be enough. Ms. Terry: With the parking formula? Supervisor: There are a couple of acres of land in it. Ms. Tiedke: If they said change to a "B" zone could a deter- mination be made rather quickly? Supervisor: We move along rather quickly but we have to pursue it along the legal channels. If the applicant feels the people wouldn't be that opposed if it were a "B" zone we would again have to go through the same process. Mr. Bruer: This application was submitted formally on August 13, 1973 and the applicant has moved with all due speed to get to this point tonight. Supervisor: It initially gets to us and we send it to the Planning Board and then it goes to County Planning and comes back to us and we make a date right away. Mr. Bruer: There is a time limit on the contract and I think we have reached pretty much to the end of that time. It was amended once before and I feel we will be here next time and there will be other objections. I would object to it. Supervisor: You felt from the first hearing that a buffer zone would make it more acceptable? Mr. Bruer: This property lends itself to "C" zone for the purposes and practical aspects of this application. Comment: I have a copy of the original map showing the forty foot buffer zone. I don't think they have made any changes. Town Boa~ ~aring -11- May 21, 1974 Supervisor: The hearing we had some months ago did not show the buffer zone. Mr. Albertson: That means that is how long that property is. Comment: I stand corrected. Mr. Cornell: When you say "B" or "C" it allows alot of things. What guarantees are there that these things wouldn't be done? Supervisor: Whatever zone classification is given, that is what is allowed in there. Comment: We didn't ask for the buffer zone. We didn't want it and we never said we would accept it that way. Mr. Albertson: In other words, the harder we try to do this thing right, we are not getting anywhere. Now I am willing to go with "B" zone. Would you really like me to step out and let someone else who has the money to step in here and push this through? I don't want to see this tow~ ruined. I am doing everything in my power to keep it looking like old Southold. I am not doing anything to mess up Southold in any way. I feel a slap in the face, take your buffer zone, we don't want it. Comment: The first thing he said is we are coming back with a buffer zone. We never mentioned the buffer zone. Mr. Albertson: this? If we went to "B" would you people consider Comment: I wouldn't consider it without questioning all the property owners in the vicinity. Mrs. Whitney: Why aren't homeowners notified that you are going to have a meeting like this? There are numerous people who don't live in this area. They bought this property in good faith. They had no idea it was coming up for another situation. They aren't here all the time and they don't know what a mess it is in Port of Egypt and the Southold Fishing Station. I think it is up to the Tow~ to tell them to do thus and so. There is garbage and everything in that location. Why doesn't somebody go in there and say clean it up. We don't have the authority to do it. Supervisor: We are doing it now the way the ordinance provides. Granted your point is well taken, people should be notified. We stayed until midnight last night and this is one of the changes that is being anticipated. How delicate do you go? What we are proposing is notifying property owners and I am not ready at this point to tell you how far we are going. Town Boal earing -12- May 21, 1974 Comment: It is only common courtesy to notify someone if something is happening. It is a courtesy. We are paying taxes in this area. Ms. Tiedke: I find it hard for anyone in this area not to know these three marinas were in this area. Comment: On my map it says Budd Estate and I was told it was an estate and it was wetland. I didn't expect to have a "C" zone right next to me. Ms. Tiedke: Mr. Albertson mentioned his prospective buyer wasn't going to bulkhead. How can you determine he would never bulkhead? Mr. Albertson: It has never been bulkheaded. Here again all I can do is go to a certain extreme but I can't go much further. Mr. George Delong: This is the piece of property that belongs to my family. What comes to my mind as I listened is the fact that the tow~ obviously provides zoning ordinances to hold it within its proper position as far as they want the town to appear and the ecology to stay. Also, there is a piece of property and I think on the part of the landowners I can appreciate their concern but I wonder if the town or those landowners expect the p~ple to pay taxes and maintain it in sanctuary form ay our individual expense when it can be obviously put to some other use. We have kept it that way since time one. When it comes to the ecology in that area, with due respect to the town conservation committee, I lived on that Mill Creek and Budds Pond all my life and I am well aware of the ecology. You point out the fact that there are clams and mussels and fiddlers in that area when you have the fishing station there and that seems to be giving you grief at this point. I can hear the loudspeaker as well as you can. These things exist but these are problems I feel that are a matter of town control. Vehicles on the road that shouldn't be there are a police problem. There are other problems in that particular business development that are created by the individual o%~ners. There are many people in the last two or three years that have been trying to purchase this property. It was originally business zoned and changed in the most recent zoning change. It has been upgraded to "A" zoning. It is not very likely that we would put a $50,000 house on the site. It renders the property rather useless to us, the people who have paid taxes on this. The fishing stations that are there are dumping refuse. There is not much tidal action on that corner. To hope that we can support and generate any type of sea life is rather a remote situation. It really is not that big a concern. I live on the creek and I can remember when the crabs all died. You could go on with that forever. The man who developed this area, he asked us, he needed a piece of land there to cut the channel. We never questioned it and told him to Tow~ Boa~ seting -13- May 21, 1974 do it, mainly being a good neighbor. These things are more important. We can trust each other. As Mr. Albertson pointed out he has always conducted orderly businesses. Mr. Morris does rent the property. How he stores them is not our problem. It is our concern that it is a mess. What he does he has been doing it for years prior to the zoning change. He has approached us to purchase the property. There are about eight other people who have approached who have offered higher prices than Mr. Albertson. He had an option and that was maintained because that is the way we do things. I think if it can be worked out and it requires a "B" zone that it would be to everybody's benefit and I think you as the residents, it would add to your buffer zone. Those fishing stations have been operated for forty or fifty years and it is very hard to make a rapid change. You are dealing with habit. If this restaurant or whatever, and I haven't seen more than you have, does good in there, I feel it would give you an added buffer zone. Possibly, that remains to be seen as nobody knows what is in anybody's mind. It can happen in another situation. It certainly can go into heavier litigation than it is now. We have taken into consideration the resi- dents there. I don't want any more mess than you do and I don't like to see the situation as it exists. It would be natural that it may expand to your area and it remains to be seen. I would ask you to give it due consideration where it is a mutual situation and not a vendetta. Mr. Cornell: I heard you mention living here all your life. We have come from an area that started out like Southold. We were neighbors of the people that purchased Albertson's marina. We saw what happened to the area and we all got crushed out and came to Southold to find what we had before. There is farmland across and alongside us. We are an island and if this downzoning takes place, it can take place all around us and that is what concerns us all. Mr. Delong: I believe that is a rightful concern. They are just as much my concern as yours. We are talking about a situation that already exists. It is there. To say that nothing can be done to improve this piece of ground. I think it would act as a legitimate buffer zone. There are loopholes but there has to be a fair finding on this thing with due respect to all parties. My family could not afford to make a sanctuary for you folks. I would not expect you to do the same for me. Mr. Cornell: We don't expect you to support us but under the guise of "A" zoning we would expect that if we sold we would have to sell under "A" zoning. We couldn't rezone for "C" and we feel you people or property shouldn't be rezoned. Town Boal saring -14- May 21, 1974 Mr. Delong: We owned it before it was "A" zoned. The Town Board applied an overlay to some areas that didn't seem too critical at the time. I feel the board has a responsibility to me, too. Comment: I sit here and I think restaurant and I think Porky's and I think Soundview and I think of alot of nice things and then a horrifying thought comes like OBI. You all say restaurant and it sounds great but what are you going to put there? O. Does anyone know exactly what you can build under a "B" zone? Mr. Tasker: Permitted uses are business, professional and governmental offices; banks and financial institutions: retail stores; restaurants; bake shops; laundromats and similar establishments; personal service stores and shops; marinas. In heavy business, there are the same uses as the light with additional uses with special permission and site plan approval of the Planning Board. They are places of amusement; fishing stations; public garages, gasoline service stations and new and used car lots. Ms. Terry: I would like to applaud Mr. Delong for separating the wheat from the chaff. We tend to get off the track rather than presenting it straight-forward. We have the Advisory Council and the Planning Board and I would urge you to seriously consider their recommendations. would like to ask if you will read what is allowed in zone. Man: Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other processing, handling or storage of products or materials, involving the use of only oil, gas or electricity for fuel. (2) Research, design and development laboratories; office buildin~s. (3) Wholesale storage and warehousing. (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats. (10) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel. and building materials. Comment: I have attended many of these hearings and I always had to present what was going on those premises. Why can't we do that in Southold? I would suggest that be included in the minutes. Town Boa~ saring -15- May 21, 1974 Supervisor: They are asking for a change of zone on a piece of property. The Town Board has to decide if this property is a proper location for this type of zoning. They can paint you the best thing you want to see but they don't have to deliver it. We have to determine if it is a proper place for the zone they are asking for. Ms. Whitney: Mr. Bruer got up at the beginning and he showed the map to you people only. We didn't see the map. Nobody had any idea of what that was about. We couldn't see through the map. I think he should have addressed the people. Mr. Tasker: The maps should be introduced and left here. At this time, Mr. Bruer again explained the maps and regave his presentation that he had given earlier before the Board. A man in the audience said Mr. Bruer's map was not the correct one, that he had the correct and official map. ~Lr. Tasker looked at it and said it wasn't the official map. The man said he got it last May at the Town Clerk's Office. Mr. Richmond shook his head in the negative. The following were presented to the Town Board as evidence. "A" a hand-draw~a map showing the different property and the property in question. "B" showing the zoning and "C" showing an aerial view. The Supervisor asked if there was anyone else who wished to make any comments. There being none, the Supervisor declared the hearing closed with the decision to come in the future. Hearing closed at 9:15 p.m. Respectfully submitted, Muriel Brush May 17, 1974 Town Clerk Southold Town Southold, NY 11971 Dear Sir, I wrote you last year to express my dismay, as a property owner in Southold village, at the prospect that a request was before the Town to re-zone the property to the East of Bay Home Road to allow commercial building. I was of course pleased to note that this request was denied, and am distressed to learn (frcm the Traveller) that the same request is bein~ made again this y~ar. Surely, the case is exactly the same: Southold is a haven of quiet residential areas, and we must hope that they can be maintained. Already the Port of Egypt Fishing Station has grown frighteningly; the number of cars and boats and people there last weekend was astounding; it would be a great mist~e, I feel, further to encourage an enlarged commercial area. I firmly believe that the long range prosperity of our town depends more on the year round residents than on the commercial developments that are pointed towards summer visitors. Therefore, I hope that the Town will once amain decline to allow this request for re-zoning. If you wish to make this opinion known at your meeting, you of course have my permission. I remain, your N~ O--~--~ARING ON PROPOSALS TO AM~NI~n om~c~ To~ .~ ~m~ of · e ~ ~n~. ~e of ~'~ ~ ~d, Suffolk County, New York, p~blic h~ ~'~ held b~ ~e of~ ~ ~'x~u~ ch~ ~d"~"~ "c" ~~~t~ at ore BE~ '~ ~t on Ma~ ~ ~f Bay ~g~ r~ Nor~ 59 d~ ~ m~h~conds East 41~ ~t ~ a ~mk~ence ~on~ ~'~1.~ f~ to a ~int at ~e,~water ~6f Bud~ Pond; ~'~id~ h~ wat~ m~k ~ by a tie l~e ~h ~'d~ ~ m~ut~ ~ ~n~ W~t ~.'~ f~t to a ~t; ~ence No~h ~ de~ 20 ~ ~ ~on~ West ~.~ f~ to ~e ~t of BEG~NING. ~y ~n d~iri~ to ~ h~d on ~e a~ve pm~s~ amend- ment shoed ap~ at ~e time and place ~ sp~ffied. Dat~: ~y 2, 1~4 BY O~ER OF ~E SO~O~ TOWN BOA~ ~BERT W. aIC~O~ TO~ COUNTY OF SUFFOLII, STATE OF NEW YORK, ;' ss: ......... "~/...~-"'~:.." '.,." ............. '~ . being duly Sworn, says that ....... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county: ond that the notice, o! which the ~m,,exed is a printed copy, has been published in the sold Suffolk Weekly Times once in each week, f~r ........... .¥'f~..:'-.-; ~ ....... weeks successively commencing on the .............. : ........... day of ......... ~.~ ~~ , Sworn to before me this ..... day of .................. .19:,:'... J ,,s'f b ................. i~OIARY NO'r~C~ OF ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and Requirements of the .Building Zone O~dinance of the Town of $oilthold, SUffOlk County, New York, publtc.~arin~ will be held by the South~kl Town Board in the Office of the Supervisor, 16 South 5t~t, Greenport~ New York,?n Town on the 21st day of May, 1974. on the following.proposal to amend the Building Zone Ordin- ance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7:30 P.M. (E.D.S.T.) by. changing from "A' Residential and Agricultural District to "C" Light Industrial, the property of Albert W. Albertson situated at Arshamomaque, Town of South- old, New York, and more particularly bounded and des- cribed as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59 degrees 40 mtuutes 00 seconds East 417.29 feet to a point; thence South 18 degrees 20 minutes O0 seconds East 251.00 feet to a point at the high water mark of Budds Pond; thence: along said high water mark as measured by a tie line South 20 degrees 46 minutes 40 seconds West 469.06 feet to a point; thence North 30 degrees 20 minutes 00 seconds West 540.00'feet to. the point of BEGINNING. Any person .desiring to be heard on {he gboye proposed amendment should'appear at the time and place 'so specified. Dated: May 2, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND ........... TOWN C~ERK COUNTY OF SUFFOLK / STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, s~ys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long island Traveler-Mattituck Watch- man once each week for ....... .~...-'~'.~.,.~,...~.../....,... week~ successively, commencing on _..~ ................. ,,r ..................... ...................... ............ Sworn to before me this ....... .~..~? .......... day of ..... ........... ........ ~DE[.[ PAYHE LEGAL 'NOTICE NOTICE OF EtlARING TO AMEND ZONI~ ~ ON PROPOSALS ORDINANCE Pursuant to Section 265 of the Town Law and Requirements of the ~uilding Zone Ordinance of t!:e Town of Southol,,S, '~ :-:uffolk · County.~ ~'~ew York, public hearing will be held by the Southold Town .~oard in. the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 21st day o.f ~,iay, 1974, on the following proposal to amend the Building Zone Ordinance {~nclGding the Building Zone Maps) of the To~ of Southold, Suffol~ County, ~.~ew York. 7-30 g (E.D.$.T.) by ctlanging from "A" Residential and A gricultural District ~o "C" Light Industrial, the property of Albert W. Albertson situated at Arshamomaque, Town of Southold, t~ew York, an_~ more particularly bounded and described as fo llows: ~AGINNING a'= a point on Main Road 843.96 feet East of' Day Home Road; from said point of beginning running thence North degrees 40 minutes 00 seconds EasU 417.29 feet to a point; uegrees 20 minutes 00 seconds ~ast 2.51 O0 feet to a po z..t at tha. i~igh water mark of buuds Pond; thence along said hi.:~'l~ wauer mark as measured by a tie line South 20 degrees 46 ~inutes 40 seconds West 469~06 feet to a point: thence Norti~ 30 degrees 20 minutes 0O seconds West 540.00 feet to the 'point 0 f ~[~i'.:GINNING . Any person .~esiring to be heard on the above proposed should appear at ti%e, tine and ~lac~-~ so specified Da~a~:d-~ ~.~.ay 2 ~ 1974 .oY ORDER OF THE SOU.~tOLD ~O~ BOARD ALBERT %~. RICiL~OND Legai Notice Page m ~ PLEASE PUBLISH ONCE, May 9, 1974, ~;D FORWARD FOUR (4) .?d~FIDAVITS OF PUBLICATION TO THE SOUTHOLD TO~-~ CLERK, ~'~AIN '':'~ ~' SOUTHOLD ~ NEW YORK ~.OAD ~. Copies mailed to the following on May ~ 1974 The Long Island Traveler-Mattituck The Suffolk Weekly Times Albert W. Albertson Supervisor Albert M. Martocchia Watchman COMMISSION Seth A. Hubbard Lee E. Koppelman D/rector of Planning Suffolk County Department of Planning JOHN V,N. KLEIN, County Executive Veterans Memorial Highway, April 4, 1974 Hauppauge, L. I., N. Y. 979-2920 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Application of "Albert W. Albertson" for a proposed change of zone from "A" Agricul- tural and Residential to "C" light Industrial, Town of Southold (SD-74-6) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on April 3, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action deeming this change of zone to be a matter for local determin- ation: Be It Resolved, that the above captioned change of zone is deemed to be a matter for local determination with the understanding that: 1. The premises is to be restricted to a marine related use; 2. Appropriate environmental and site plan controls are considered to adequately protect the adjoining marine environs; and 3. Petitioner will comply with applicable provisions of the "Tidal Wetlands Act". Very truly yours, Lee E. Koppelman Director of Planning} Gerald g. New man Chief Planner 'o74 ~larch 6, ~. ;~',.r. Ge r a .id N ewma n 3~a £fo 1 a Jo an t y ?i anning Commis s i on Veterans ~emoriai Highway }ia. :.~ppa a ge, New York 1 ..! 7a' 7 Dear Jerry- is. copy of letter from the Ne~.v York ,State Environmental Conserva'tion from the A!bertso.~ file. I trust this is what you need. .7 Fishers Islan. d~ ::ira te "Jove i:,.karine, retie.;: and copy of their DEC permit for ~,,> b~]i~'~ a store on their waterfront. as soon as :ceceived. is sending a variance pending v~i ~ I for~ard them Yours truly, -:... ~. f~.~b Enclosare Howa rd. 'ret ry, Bui 1 ~!i ng Ins pec to r Seth A. Hubbard Suffolk County Department of Planning JOHN V.N. KLEIN, Caunt}~ Executive }"eterar~ Memorml fli£hu'ay March 5, 1974 ffaupp~u?. L. L, 2,'. Y. 724-2500 Town of Squthold Town Clerk Dear Zoning Action: Petitioner: Mun. File No.: C/Z "A" Res. to "C" Ind. Albert W. Albertson #25 ~,,r~,,ant to the reouirements of Sectiens 1323 to 1332 of the Suffolk County Charter, the above captioned proposed zoning action will Be classified as an incomplete submission pending written receipt from the referring municipality of the applicability of the "Tidal Wetlands Act" as determined by the New York State Department of Environmental Conservation. Very truly yours, Lee E. Koppelman Director of Planning The followinc ?.esolution was adopted by the Suffolk County PlanninZ Corr~ission on October 3, 1973. RESOLIWIO;?: PFOCWZL~..aL Ar~ID,'T~,~TS TO Sb'FFOLX CO[~ZTY PLATE:I:~G CO?rISSIOU ~FVIEU OF PROPOSED ZOL~I~.IG ;CTIOZS .a2,~ FILIAL s[rDDIVISIOiI PLATS I~ ~_.'F. EAS Ai~FECTED BY ~/_{E "TIDAL L.~.TLAi-rDS ACT" ~.EP~EAS, !~{EPKAS, RESOLVCD, the State of i!ew York has passed an Act kno~-m as the :'Tldal !-~etlands Act'~ to protect and preserve tidal wetlands, and the said act went into effect on September 1, 1973, and all lands lying between the one fathom line and 100 yards or more, in from the edue of the wetlands will be directly affected by the act and subject to administrative procedures of the I.!ew York State Department of Environmental Conservation, and The Suffolk County Plannin~ Commission is required by the pro- visions of the Suffolk County Charter to review all zoning actions and lend subdivisions within 500 feet of the shore- line, and it is in the best interests of both the State and County to coordinate efforts pertaining to the review of proposed changes in land use and development of the tidal wetlands, Therefore, Be It ~"~.at the Suffolk County Plannln~ Commission hereby amends its procedures in Informational Bulletin :]o. S as follows: The Suffolk County Planning Cor'~mission will not accept for consider- ation nor review any proposed Zonim~ Action, Variance, Special Permit or Subdivision Plat in any area affected by the ~Tidal Uetlands Act~' that is referred pursuant to Sections 1323 to 1333 inclusive, of the Suffolk County Charter unless the referral contains a copy of a letter from the :!ew York State Department of Environmental Conservation stating that it has no objection to the proposed application. Town Of Southold TOWN CLERK 765-3783 Building Dept. t Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. ll971 Pursuant fo i-he General Municipal Law. Chapter 24-, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ~'l~It.l~J ill~'~ .. of the town of Southold, N. Y. hereby refers the following (agency involvedI proposed zoning action to the Suffolk County Planning Commission: (check oneI New and recodified zoning ordinance Amendment fo the zoning ordinance . .~.. Zoning changes Specbl permits ..... Varbnces Location of affected land: ~.It~..~l.~ ~Fi..~..A~~ ~. ~l .'~.14~ ~.~..~.~. within 5~ feet of: (check one or more) . . Town or village boundary line ~M . State ~ road. ~ State or county park or recreation area Stream or drainage channel owned by fha county or for which the coun~ has established channel lines ... State or county owned parcel on which a public bu;iding is sltua+ed Date: llIl~IIy 22, !1l'/4 (signed) Title Date received by Suffolk County Planning Commission File No .... Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Hehry Molsa Alfred Grebe Henry Raynor Frank Coyle February 22, 1974 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: This is to advise you that the following action was taken by the Southold Town Planning Board at a regular meeting held on February 20, 1974. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial of the change of zone from Residential and Agricultural to "C" Light Industrial on certain property of Albert W. Albertson situated at Arshamomaque, New York. This recommendation was made based on the report of the Southold Town ~onservation Advisory Council that this property is one of the few remaining, functioning wetlands in this area and should be kept and maintained in this manner. Vote of the Board: Ayes: Messrs. Wickham~ Moisa, Raynor, Grebe and Coyle. Yours truly, Muriel'Brush, Secretary Southold Town Planning Board SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. February 5, 1974 Southold Town Ptannin~ Board Southeld, N.Y. Dear Sirs: inspected by our council on January 27 during the afternoon. We inspected the property at high tide. We found tae prop- erty :is definitely wetland interm]ttantly covered with tidal ologically active. There was ap!:roximately 33 acres of wet- land mostly consisting of spartina alterniflora, with some The wetlan~ and beach exhibited the followin~ types of species: clams, oysters, mussels, anl fiddler crabs. It is our opinion this wetland must be maintained in its natural state, k forty-foot buffer zone would not be hel[- ful to the wetland, the biological cycle of life, or accomplish any biological benefit to Southoli Town. T..is is one of the few remaining, functioninc we%lands in this area and should be k. ept and maintained in this manner. Sincerely, ~ / C hairman Conservation A4visory Council January 22~ 1974 Mr. Frank KuJa~ski, ~eoeetary $outhold Town Envi ronmenta 1 Counct 1 Marratooka Road Mattituck, New York 11952 Deer Mr. I~u jaws we have in our £iles a petition for a chan&e of Albertson for certain property situated at Southold, £rom "A" Residential and Agricultural District to "C" Industrial District. zone £rom New York, We wou 1 d a ppr ec ia t e a ny recommenda t tons th a t you r organization would like to make on this proposed change off zone. The map and description of property are in the files of the Planning Board at the Town Clerk's Office. Yours truly, Marie1 Brush, Southold Town Secretary Plannin~ Board YorkState DepartmentofEnvironmentaIConservation Building 40 State University of New York Stony Brook, New York 11790 Henry L. Diamond, Commissioner October 30, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: I I am responding to your letter of October 9, concerning a change of zone petition from Mr. A. W. Albertson. As we interpret the Tidal Wetlands Act and the map you submitted, it appears that the petitioner should be advised that any activity be proposes to do within 300 feet of the wetlands edge (upper edge of the meadow on Budd's Pond) which could be construed to effect the wetlands would be subject to our review and approval by permit. Sincerely, AST:~ c.c. D. Larkin Anthony S. Taormina Regional Supervisor of Fish and Wildlife ~OUTHI~LD. L. I, N. Y. 119'71 August 29, 1973 Mr. John Wickham, Chairman Southold To~l Planning Board Southold, New York 11971 Dear Mr. Wickham: The original petition of Albert W. Albertson, Jr. requesting a change of zone on certain property situated at Sou thold, New York, from "A" Residential and Agricultural District to "C" Light Industrial District is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so affected with the recommendation of your board. Very truly yo~ Albert 9;. Richmond Town Clerk r~R£ENPORT, L. I., N. Y. TELEPHONE August 20~ 1973 Southold Town Planning Board Southold New York 11971 Att: Mr. John Wickham, Chairman Dear Mr. Wickha~, In view of the enclosed letter from Mr. Lefferts P. Edson, attorney at law~ the Town Board of $outhold will not give a decision on this hearing as the attorney wishes to withdraw original application. Very Truly Yours, Albert Iq, I~Iartocchia Supervisor encl: letter RUDOLPH H, BRUER LEFFERTS PAINE EDSON A~-rORHE¥ At LAW SOUTHOLD, N. Y, 1197l August 15, 1973 Hon. Albert M. Ma rtocchia, Supervisor Village Hall 16 South Street Greenport, New York ;11944 Re: Application of A__l~ert W. Albertson, Jr. for Re- zoning Premises South Side of Main Road, Arshamoma~ue Dear Mr. Ma rtocchia: In view of the objections expressed by some of the owners of nearby property at the hearing in the above matter held on July 10, 1973, Mr. Albertson has directed me to withdraw his application for re-zoning as it now is an~ submit a new ap- plication providing for a substantial buffer zone of non-business use 40 feet wide lying between the balance of his property and the residential area known as "Map of Willow Point". Mr. Albertson feels that the suggestion made by one of the persons attending the hearing concerning the establishment of this buffer zone has a good deal of validity and will result in an insulation of the residential property from the property for which the application for re-zoning is being made. In view of the above we hereby request that the Town Board recognize this request for withdrawal of the original application. The new application providing for the buffer zone is being pre- pared and will be forwarded to the Southold Town Clerk for his presentation to the Board. Thank you very much for your attention in this matter. S inc_~r ely, ''Lefferts P. ESson, Attorney for Albert W. Albertson, Jr. LPE:dbc October 9, 1973 New York State Department of Environmental Conservation Bldg. 40, S.U.N.Y. Stony Brook, New York 11790 Gentlemen: We have received a petition of change of zone from "A" Residential and Agricultural to "C" Industrial from Mr. AlbeBt W. Albertson, Horton's Lane, $outhold, New York. We are enclosing copies of a Van Tuyl map drawn August 17, 1973 which indicates the Leland Booth premises in question, comprising 2.17 acres. We would appreciate receiving from you your comments and recommendations. Very sincerely, En c. John Wickham, Chairman fo,. F..- STA~ OF ~ YO~ P~ON TO~ OF SOI~O~ ~ ~ ~A~R OF ~ P~ON OF FOR A ~GE, MOD~CA~ON OR ~~NT OF T~ BUllDOG ZO~ O~- ~CE OF ~ TOWN OF SO~O~, SUFFOLK CO~TY, ~ YO~. TO THE TOWN BOARD OF THE TOWN OF SO~3THOLD: 1. I, A..1..b...e..r...t.....W..:.....A.~..b...e..r...t..s..9.n. .................... residing at ..H..o...r..t..9.n...'..s......L..a...n..e..,.....S..o..u...t...h..o...l_d, N.Y. (irmert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at .... .S...o..v,.~..hp_lfl. ..................................... and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet East of Bay Home Road; from said point of beginning running thence North 59 degrees 40 minutes 00 seconds East 417.29 feet to a point; thence South 18 degrees 20 minutes 00 seconds East 251.00 feet to a point at the high water mark 'of Budds Pond; thence along said high water mark as measured by a tie line South 20 degrees 46 minutes 40 seconds West 469.06 feet to a point; thence North 30 degrees 20 minutes 00 seconds West 540.00 feet to the point of BEGINNING. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordin~ :e of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zone from its present zoning of A Residential to C Industrial excepting therefrom a strip of land 40 feet wide along the length of the westerly side of said property to serve as a buffer zone to insulate the adjoining residential premises from any annoyances that may be occasioned by the use of the subject property. Suchrequestis madeforfhefoIlowing reasons: Petitioner needs this property as a necessary waterfront adjunct to petitioner's marine business located on the Main Road (L. S.) Albert W. Albertson, Jr. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) .AJ~D.e~.. W......Ai~.rt~QAq.,....J~ ..................... BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters he believes it te be true. ~'~,'/ ." '.,-" -'C., "/~/ ........... Albert W. Albertson,/Jr. S~vorn to before me CONSULT YOUR LAWY, EFOF~IE SIGNING '/HI~ IN~.TRUMLrI~--'rHIS IN JMENT SHOULD BE USED BY LAWYERS ONLY. NOTE: FIRE LOSSF_23. This form of contract contains no e:lpres~ provision as to risk of loss I)y t~re or other casua[t} before dehvery of the deed. Unless express provision ,s made. the provisions of ~ction 5-131 I of the General Obligat,on~, Law w, ll apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. day of I~-_ .\ ' BETWEEN I~EI_~ND P. BOOTH, residing at l.aurel Avenue, Southold, N.Y. hereinafter described as the seller, and AI~BI~',RT W. ALBEI~TSON, residing at HortonSs Lane, Southold, N.Y. hereinafter described as the purchaser, ~tlTNF-.SSL"TH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot. piece or parco! of land. with the buildings msd improvements thereon erected, situate, lying and being ~Rlfe at Arshamomaque, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a point on Main Road 843.96 feet east of Bay Home Road; fxx.~ said point of begirming running thence N. 59040' 00" East 417.29 feet to a point; thence S. 18020' 00" East 251.0 feet to a point at the high water mark of Budds Pond; thence along said high water mark as measured by a tie line S. 20© 46' 40" West 469.06 feet to a point; thence N. 30° 20' 00" West 540.0 feet to the point of BEGINNING. This contract is contingent upon the purchaser being able to obtaixt permission from the Town of Southold to operate and use said premises as a marina. The purchaser shall cbtain said permission at his own cost and gxpense. In the event the chaser shall fail to obtain said permission within 6 months from the date of this contract, then, and in that event, the seller shall return the downpayment paid herein to the purchaser and the obligations of the parties shall become null and void. The purchaser shall make a due and diligent effort to obtain such permission and shall sign and complete all forms necessary to process said apl>lication. ~,.a /~,./s,,,--4' ,----~' Tire purchaser agree to provide boat slip to the sell6r' free ot~ e, hargm:, during the lifetime of ~he seller. It is understood that a strip of land 40 feet wide along the westerly side of the property is to be reserved as a buffer zone to insulate the adjoining residential premises and is not included in purchaser's application for a chan~e of zone from A Residential to C Industrial. !. 'I his sale includes all r,ght, title and interest, if any. of the seller in and to any land lying ,n the bed of any ,erect. road or avenue opened or proposed, in front of or adjoimng said premises, to the center line thereof, and all right, title and interest ,t th,~ seller ~n and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to ~aid premtse~ by ~eason of change of grade of any street: and the seller will execute and deliver to the purchaser, on closing of role. er thereafter, on demand, all proper instruments for the conveyance of such tlt[e and the assignment and collection of any ~uch award. II, ,_.~ l'he pr{ce ,,s SL% ' FI_IOUISAND ($60~ 000, 00) TWO THOUSAND ($2,000.00) ..................... :-_ Dollars. payable a, ~olIo',,.'-: ~ on the ,,Igmng of this contract, by check subject to collection, the receipt of which is hereby acknowledged: t FIFTEEN THOUSAND FOUR HUNDRED ($15,400.00) ............. DoH~,, m cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided: by taking title subject to a mortgage now a lien on said prermses m that amount, bearing mteresl at ~ate of per cent per annum, the principal being due and payable FORTY TWO THOUSAND SIX HUNDRED (42,600, 00) ................ Dollars. by the purchaser or assigns executing, acknowledging and delivering to the ~ller a bond or. at the option ot the seller, note secured by a purchase money first mortgage on the above premises, in that amount, payable iD. ten yea at 7% per annum in equally monthly payments of $494,63 per month. As each is received it shall be applied first towards the payment of interest and l.hcn ir,, the event the purchaser shall sell, or assign the title. The purchaser shall hart' the right to prepay in whole or part at any time without penalty. This contuact may not be assigned ~ by the purchaser, 3. :\ny bond or note and mortgage to be given hereunder shall be drawn on the standard lorms ut New 'York Board of '[itle [.Jaderwr,ters [or mortgages ,,f like hen: and shall be drawn by the attorney for the seller at the expense of the purchaser. who shall also pay the mortgage recording tax and recording fees. Fee for same shall be $75.00. 4. If such pt~rchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be subject and subordinate to the lien of the ex/sting mortgage of $ . any extensions thereof and to any mortgage or consolidated mortgage which m~y be placed on the premises tn heu thereof, and to any extensmns thereof provided la) that the interest rate thereof shall not be greater than per cent per annum and (b) that. ~f the principal amount thereof shall exceed the amount of principal owing and unpaid on satd existing mortgage at the hme of phtcmg such net.. mo, tgage or consolidated mortgage, the excess be paid to the holde~ of tach purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter or a~ect the regular installments, if any, of principal payable thereunder and shall fur&ler provide that the holder thereof *,'i11, on demand and without charge therefor, execute, acknowledge and deliver any agree- then{ or ag~eem¢~'~ further te effectuate snch ~nbordmation. 5. If there be a mortgage on the premises the scl}er agrees to deliver to the purchaser at the time of dehvery ot the deed a prc, pe~ certificate executed and acknowledged by the holder of such mortgage and in form for recording, cer0fytng as to the amount of the unpaM 'principal and interest thereon, da~e of maturity thereof ,,nd rate of interest thereon, and the seller shall pay the fees tm recorrhng such certificate. Should the mortgagee be a bank or other institution as defined ~n .'Secuon 274-a, Real Properly l.aw. the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or em- ployee, or agent, containing the information required to be set forth m said certificate. Seller represents that such mortgage will not be in defauh at ur as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification thereof contains any pros{sion to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of ~he deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a Zoning legulations and ordinances of the city. town or village in which the premises he which are not v,olated by eximng structures. b. Consents By the seller or any former owner o[ premises for the erection of aBy structure or structores on, under or above any street or streets on which said premises may abut. c [ncroachments of stoops, areas, cellar steps, trim and cornices, if any. upon any slreet m h}ghway. d. subject to any set of facts an accurate survey may show provided title is not rertde red unmarketable. e. subject to covenants, easement and restrictions of record, if any, provided same do not prohiblit the use of the premises as a marina, Purc}qaser agrees to pay the 1972/73 and 1973/74 Southold Town Real llst. ate taxes, except that if seller is unable to give good title to these premises h~ 19'74 or if purchaser is unable to obtain a variance to operate the premises as a mariD-a, purchaser will be entitled to a refund of any real estate taxes paid in cormection with these premises. 7. .'kJ} notes or notices of violations of law or municipal ordinances, orders or requirements noted in or ~ssued by the Depart- ments of Housing and Buildings, Fire..L~bor. Health, or other ,.grate or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied w/th by the seller and the premises shall be con,'eyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. 'l-'he seller shall furnish the purchaser w/th an autherizanon to make the necessary searches therefor. , .... 8. All obligations affecting the premises incurred under the Emergency Repairs provisions of the Administrative Code of .... ,. ,--~- the City of New York {Sections 564-18.0, etc.) prior to the delivery of the deed shall be pa~d ami d~s, barged bv the seller :! ....... r upon the delivery of the deed. This provision shall survive .'he de}ivory of the deed. 9 If at lt:e tune of the deh',ery of the deed, the premises or any part thereof shall be or shall have been affected by an asse-~,- . ~" "' men{ .q assessments which are or ma3,' become payable in annual installments, of which the first mstallment i'; theoa char/,'~- .... ~. :' ... ~,~ ,,eh or has been paid. then for the purposes of th~s contract all the unpaid installments of an)' such a~.ies~m~ ,,I m,'lucl,~g ..... ,' Ihos,: :~}nck are to become due and payable after the de}.,v,:rv of the deed. shall he deemed to be due and pl.y~t& t,, be hens npon the premises affected thereby ,m,4 ,hal} h~ paid and discharged by the seller, upon the deh'.ery t.: !%'., .,.': II) The fol~m,'mg are to be apportioned: fa) Rent> as anJ when collected. (b) Inter;.' .',,~a'as:o t, }~re? *tirl!~ ,..q existing transle,able insurance policies [ 12. If ~here t~ a water meter o~: t~e p~em~, ~h" ~,*:i~ '~ sh ~ '.~r.sh a trading to a ~ate not more th~n thirty day~ prior tn I time herein s~t {or closing title, and the unfixed mete~ ~ h~r~ ..~d tae unfixe~ ~ewer rent, ii any, based th*reon ~or the interv~nin~ *ime shall Be apportione~ on the Ba*i~ of such last I 3. The deed shall ~ the usual Bargain & sale wiLh C:~.>venants deed in proof statutory short form for record and shall ~ duly executed and acknowledged so as t. convey t. the purchaser the fee simple of the said premises, free of all encumbrances, excep* as herein s~ated, and shall contain ~he covenant required by subdivision 5 of ~ction 13 of the Lien L~w. If the ~ller is a corporation. ~t will deliwr to the purcha~r at the time of the dehvery of the deed hereunder a resolution of its Board of Directors authorszing the sale and delivery of ~e deed, and a certificate by the ~cretary or Assistant Secretary of the cor~ration certifying such r~lution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Cor~ration Law. The deed in such ca~ shall contain a recital su~cient to establish compbance with said ~ction, 14. At the closing of the tide t~ ~lle~ shall deliver to the purchaser a certified check to the orde~ of the recording officer of the county in '. hich the deed is to be recorded for the amount of the d~umentary stamps to be a~xed thereto in accordance with Article .:: of the Tax Law, and a certified check to the order of the appropriate county o~icer for any other tax payable by reason of tc',e delivery of the deed, and a return, if any ~ required, duly signed and sworn Io by the ~ller: and the purchaser also arras to sign and swear to the return and to cause the check and the return to be delivered to the appro- priate county o~icer promptly after the closing of title. 15. In addition, the ~ller shall st the s~me time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for lhe amount of the Real Pr~rty Transfer Tax ~d by Title II of Chapter 46 of the Adm,n~strauve C~e the City of New York and will also deliver to the purcha~r the return required by the said statute and the regulations i~ued pursuant to the authority thereof, duly sign~ and sworn to by the ~ller: the purcha~r agrees to si~ and swear to the return and to cau~ the check and the return to be delivered to the City Register promptly after the closing of the title. 16. The ~ller sh~ll give and the purcha~r shall accept a title such as reparable , a Member of the New York Board of Title Underwriters, ~ :~ .~.nve and insure. I 7. All sums paid on account of this contract, and the reasonable ex.nsc: of the examination of the title t. ~'-: ~ - and of the survey, if any. made in conn~tion therewith are hereby made liens on ~aid premises, but such he: ~ue after default by the purchaser under ~is con.act. 18. All fixtures and articles of ~r~nal pro~rty attached or a~urtenant to or used in connection w~th said [,~ -~,.ses are repre.- ~nted to ~ owned by the ~ller, tr~ from all liens and encumbrances except as herein stated, and are included ~n th~ sale without limiting the generality of the f~egoing, such fixtures and ~rticles of ~rsonal pro~rty include plumbing, heating. lightin8 and c~king fixtures, air conditioning fixtures and units, r~nges, refrigerators, radio and television ac.als, bathr~m and kitchen cabinets, mantels, d~r mirrors, venetian blinds. :shades. ~reens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flag.les, pumps, shrub~ and outdoor statuary, vacant property 19. The amount of any unpaid t~es. as~ssments, water char~es and ~wer rents which the ~ller ~s obligated ~,, ~a~ and dss- charge, with tF~e interest and [~nalties thereon to a date not less than two business days after the date of closing t~tlc, may at option of the ~ller ~ allowed to the purcha~ out of the balance of the purchase price, provided o~c~al bills ~herefor witb interes~ and ~nalties thereon figured to said date are furnished by the ~ller at the closing. 20. If at the date of closing there may ~ any other liens or encumbrances which the ~ller is obligated to pay a~.~ discharge, the seller may u~ any ~rtion of the balance of the purcha~ price to s~tis~ the same, provided the seller shall simultaneously eithe~ deliver ,o the pur~!',, ,~ at t~ cl~ing of title instru~nts in recordable form and sufficient to satisfy such liens and cumbrances or r~ord together with the cost of recording or fiiing said instruments; or. provided that the seller has maoe arrangements with the t~tle company employed by the purchaser in advance of closing, ~ller will de.sit w~tb said company sufficient monies, acceptable to and r~uired by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purcha~r either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premiss. The purcha~r, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing ~par~te certified checks as requested, ~ggregating the amount of ~e balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. ~e existence of any such taxes or other liens and encumbrances sha'.l ~:~t ~ deemed obi~fions to title if the seller shall comply with the foregoing requirements. 21. If a ~arch of the title dialogs iudgments, bankruptcies *r o~er returns against ot~r ~rsous having names the same as or similar to that of ~e ~ller, ~e ~ller wgl on request deliver to the purchaser an a~idavit showing that such judgments, bank- ruptcies or other returns ~re not against the 22. In the event ~at the ~ller is unable to convey title in accordance with the terms of this contract, the role liability of the ~ller will ~ to rehnd to ~e purcha~r ~e ~mount ~id on accent of the ~rcha~ price and to pay the net cost of examining the title, which cos~ is not to exceed the charges fi~ed by the New York Board of 'Fitle Underwriters, and the net cost of any survey made in conn~tion therewith incurr~ by the purcha~r, and u~n such refund and payment ~ing made this contract shall ~ considered can~led. 23. The d~d shall ~ delivered u~n the re~ipt of said ~m~nh at the office of Gary Flanner Olsen, Esq. Main Road. ffattituck, N.Y. .t 10:00 o'cl~k on March, 1~74. 19 24. ~e p~rties agree that no ~s the broker who brought about this sale and the ~ller a~s to pay ~ny commission earned thereby. 25. It is understood and .~e~ that all understandings and agr~ments heretf[ore had ~tween the parties hereto are merged in this c~tract, which alone ~lly ~nd c~plemly ~xp~ ~ir a~reememt, and that the *a~ is enlered into. after full investi- gation, neither p~ty relying u~n any ~tatement or rep~ntation, not em~died in this contract, made by the other. The purcha~r has ins~cted the buildings standing on said pre~s ~nd ~ thoroughly acquainted with their condition and agrees to take title "~s is" and in their pre~nt condition and subject to reasonable use. wear. tear, and natural deterioration between the date thereof and the closing of title. 26. ~is agreement may not ~ ch~ged or terminated orally. ~e stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the res~ctive parties. 27. If two or more ~rsons constitute either the ~ller or the purchaser, the word "~ller" or the word "purcha~r'?,hall be construed as if it read "~llers" or "purcha~rs" whenever the ~nse of this agreement so requires. / IN ~ ~EREOF, this agreement has ~en duly executed by the parties hereto.