HomeMy WebLinkAboutSchriever, William Amend.#109 WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ........ ~r.~'.~.~-.~:~t..~:... ~.'~.J:.~.'~ ........................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
"B" "A" Residential and
· · Liaht Business to Agricultural
mg Trom ........ ,~. .................................. District .......................................
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 relatior to said
petition having been duly held by the Town Board on the ..... 21s.t.....dav
of ............. ~.~'9~.~ .............. , 19.~.~..., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is G~ED.
DATED: December 5, 1978
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY, TOWN CLERK
NOTICE OF
A.M~ENDMENT TO
TOWN ORDINANCE
AMENDMENT NO. 109
NOTICE IS HEREBY '
GIVEN .that at a meeting of
the Town Board of the Town
o! ~ou~olcl, Su/foll~ Co~ty,
Now York, held on the 5th day
o£ December, ll~bo To~n
S ard
amendmeat to
entitled
Sou~hold'~
Building ~
southoja.
"A" Residential: and
Agricultural District the
property of William W.
Schriever situ~ted at Orient,
New York, and more par-
ticularly bounded and
described as follows:
BEGINNING at a p/~nt on
the westerly line of Tabor
Rusd, said point of beginning
being 437.5!/ feet south along
said westerly line of Tabor
Road from it~ i~tersection
R~d; proceeding alor~ said
westerly line of Tabor Road
the tollowi~ two courses: (1)
South 0 degrees 38 minutes
Eant 334.10 toet, and (2) South
8 degrees 0~ minutes 30
seconds East 104.76 feet;
thence alang ether lands o[ the
eom~. (1) South ~
~ minutes 20 seconds West
2~3..57 Ieet, (2) North 0 de~rces
ss minutes West 4,58.74 feet,
and (3) North 87 de~rees 47
minutes 30 sac, odds East 218.37
feet to the westerly line of
Tabor Road and the point or
place of BEGINNING. Con-
taining 2.27 acres, to~ether
with such other land of the
petitioner to the west of the
westm'ly line of the above
described parcel as it may be
~etermined lies within the
bounds of the "B" Light
Business District.
DATED: December 5, 197~
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
JUDITH T. TERRY,
TOWN CLERK
1TD14-3116
.._~q-~-:,n.' ................ being duly Sworn,
... is Printer and Publisher of the SUFFOLK
iS, a newspaper published at Greenport, in said
it the notice, of which the annexed is a printed
published in the said Suffolk Weekly Times
· eek, ~or . .on..e ....................... weeks
~mmencing on the .. ~.%qv.t.e,~,n.~,k~ ...........
(- ..............
· '~c'ff.'kf~W'~.~kf~'~ ,~IIGF. Tgi,; fEND .....................
NOTICE OF AMENDMENT
TO TOWN ORDINANCE
AMENDMENT NO. 109
NOTICE IS HEREBY GI-
VEN that at a meeting of the
Town Board of the Town of
Southold. Suffolk County. New
York. held on the 5th day of
December, 1978. the Town
Board enacted the following
amendment to the Town Code
entitled "Code of the Town of
Sonthold" together with the
Building Zone Map forming a
part thereof, as follows, to wit:
Amendment No. 109
amends the Code of the Town
of Southold by changing from
"B" Light Business District to
· 'A" Residential and Agri-
cultural District tl',e property
of William W. Schriever situ-
ated at Orient. New York, and
more particularly bounded and
described as follo~.s:
BEGINNING at a point on
the westerly line of Tabor
Road, said point of beginning
being 437.59 feet south along
said westerly line of Tabor
Road from its intersection with
the southerly line of Main
Road: proceediag along said
westerly line of Tabor Road
the following two courses: (1)
South 0 degrees 38 minutes
East 334.10 feet, and ~2) South
8 degrees 06 minutes 30
seconds East 104.76 feet;
thence along other lands of the
petitioner the following three
courses: ~1) South 82 degrees
32 ndnutes 20 ~oeonds West
233.S7 feet. (2) North 0
degrees 38 minutes West
458.74 Leer, and 13) North 87
degrees 47 minutes 30 seconds
East 218.37 feet to the wester-
~ly line of Tabor Road and the
point or place of BEGINNING.
Containing 2.2'~ acres, to-
gether with such other land of
the petitioner to the west of
the westerly line of the above
described parcel as it may be
determined lies within the
bounds of the "B" Light
Business District.
Dated: December 5, 1978
BY ORDER OF THE
SOUTHOLD TOWN BOARD
JUDITH T. TERRY,
Town Clerk
IT, 12/14,'78 {721}
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County:
and that the notice of which the annexed is o printed copy,
rtos been published in said Long Island Zraw.qer-Watch-
man once each week for ........................................ weeks
successively, commencing on the ..... ~ ..................................
Sworn to before me this ...... ' .................. da',/ or
..............
Notary Public
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
SS:
J~JDITH T. TERRY, Torah
Southold, New York, being duly sworn,
age of
19 78
notice
most public place
York, to wit:-
Clerk of the Town of
says that she is over the
twenty-one years; that on the 8th day of December
she affixed a notice of which the annexed printed
is a true copy, in a proper and subs.tantial manner, in a
in the Town of Southold, Suffolk County, New
Town Clerk Bulletin Board~ Town Clerk Office
Main Road, Southold, N.Y. 11971
NOTICE OF AMENDMENT NO. 109 - William W. Schriever - "B" to "A"
~' Judith T. Terry, T~n Clerk
Sworn to before me this
8th day of December
19 78
=J ~otary Public
NOTICE OF AMENDMENT TO
TOWN ORDINANCE
AMENDM]ENT NO. 109
NOTICE IS ~EREBY GIVEN that at a meeting of the Town Board of the
Town of Southold, Suffolk County, New York, held on the 5th day' of
December, 1978, the Town Board enacted the follow£ng amendment to
the Town Code entitled "Code of the Town of Southold" together
with the Building Zone Map forming a part thereof, as follows, to
wit:
Amendment No. 109 amends the Code of the Town of Southold by
changing from "B" LiTht Business District to "A" Residential and
~,Agricultural District the property of Wikliam W. Schriever
:isituated at Orient, New York, and more ~articufarly Oounded and
[:described as follows:
BEGINNING at a point on the westerly line of Tabor Road, said
ipoint of beginning being 437.59 feet south along sazd westerly
!line of Tabor Road from its intersection with the southerly line
[of Main Road;
I
.ithe following two courses:
,!334.19 feet, and (2) South 8
proceeding along said westerly line of Tabor Road
(1) South 0 degrees 38 minutes East
degrees 06 minutes 30 seconds East
ILight Business District.
iIDATED: December 5, 1978
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY, TOWN CLERK
ii104.76 feet; thence along other lands of the petitioner the follow-
?~ng three courses: (1) South 82 degrees 32 minutes 20 seconds
I'
IWest 233.57 feet, (2) North 0 degrees 3~ minutes West 458.74 feet,
i!and (3) North 87 degrees 47 minutes 30 seconds East 218.37 feet to
ilthe westerly line of Tabor Road and ~he point or ulace of BEGINNINg.
IIContaining 2.27 acres, together with such other land of the
llpetitioner to the west of the westerly line of the above described
!lparceli as it may be determined lies within the bounds of the "B"
Page 2 - Amend-,nt No. 109
PLEASE PUBLISH ONCE, DECEMBER 14,
OF PUBLICATION TO JUDITH T. TERRY,
NEW YORK 11971.
1978 AND FORWARD ONE AFFIDAVIT
TOWN CLERK, MAIN ROAD, SOUTHOLD,
Copies to the following on December 8, 1978:
The Long Island Traveler-Watchman
The Suffolk Times
William W. Schriever
Van Tuyl Land Surveyors
MINUTES OF HEARING
ON PROPOSAL TO AMEND ZONING ORDINANCE
PROPERTY OF WILLIAM W. SCHRIEVER
A public hearing was held by the Southold Town Board at the Southold Town
Hall, Main Road, Southold, New York 11971, at 7:45 P.M. on Tuesday, November 21,
1978 on the proposal to amend the Building Zone Ordinance (including the Building
Zone Maps) of the Town of Southold, Suffolk County, New York, property of William W.
Schriever.
PRESENT were:
Supervisor Albert M. Martocchia
Justice Martin L. Suter
Councilman Henry W. Drum
Councilman William R. Pell, III
Councilman James F. Homart
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
ABSENT was:
Justice Francis T. Doyen
SUPERVISOR MARTOCCHIA: Hearing on the application of William W. Schriever,
Orient, changing from "B" Light Business to "A" Residential-Agricultural. The
notice will be read by Councilman Homan.
COUNCILMAN HOMAN: Legal Notice. Notice of Hearing on Proposal to Amend
Zoning Ordinance. Pursuant to Section 265 of the Town Law and the requirements of
the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, pub-
lic hearing will be held by the Southold Town Board at the Southold Town Hall~
Main Road, Southold~ New York, at 7:45 P.M., November 21, 1978 on the following
proposal to amend the Building Zone Ordinance (including the Building Zone Maps)
of the Town of Southold, Suffolk County, New York, to wit:
By changing from "B" Light Business District to "A" Residential and Agricul-
tural District the property of William W. Schriever situated at Orient, New York~
and more particularly bounded and described as follows: BEGINNING at a point on
the westerly line of Tabor Road, said point of beginning being 437.59 feet south
along said westerly line of Tabor Road from its intersection with the southerly
line of Main Road; proceeding along said westerly line of Tabor Road the following
two courses: (1) South 0 degrees 38 minutes East 334.10 feet, and (2) South 8
degrees 06 minutes 30 seconds East 104.76 feet; thence along other lands of the
petitioner the following three courses: (1) South 82 degrees 32 minutes 20 secon~
West 233.57 feet, (2) North 0 degrees 38 minutes West 459.74 feet, and (3) North
87 degrees 47 minutes 30 seconds East 218.37 feet to the westerly line of Tabor
Road and the point or place of BEGINNING. Containing 2.27 acres~ together with
such other land of the petitioner to the west of the westerly line of ~he above
described parcel as it may be determined lies within the bounds of the "B" Light
Business District.
Page 2
Public Hearing
November 21, 1978 - 7:45 P.M.
William W. Schriever-Change of Zone
Any person desiring to be heard on the above proposed amendment should
appear at the time and place above specified.
DATED: October 10, 1978.
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY~ TOWN CLERK
COUNCILMAN HOMAN (continued): I have proof of publication from the
Suffolk Weekly Times. I have proof of publication from the Long Island Traveler
Watchman. I have an affidavit by Judith T. Terry that this was published on the
Town Clerk's Bulletin Board. I have the following letter from Planning Board,
Town of Southold to the Southold Town Board, Gentlemen:
The following action was taken by the Southold Town Planning Board at
a regular meeting held September 18, 1978.
RESOLVED to recormnend to the Southold Town Board approval of Applica-
tion #240 of William W. Schriever requesting a change of zone from "B"
Light Business to "A" Residential and Agricultural District on certain
property at Orient, New York~ due to the fact it is: 1. Consistent with
good planning; 2. Consistent with the residential pattern of the ima~e-
diate neighborhood.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
From the Suffolk County Department of Planning, Gentlemen:
This is a matter for local determination.
I believe that's all, Mr. Supervisor.
SUPERVISOR MARTOCCHIA: You have just heard Councilman Homan read the
legal description requesting a change of zone from "B" Light to "A-Residential"
and that it has been advertised in the legal~ proper papers of Southold Town~
namely the Suffolk Weekly Times~ and Mattituck~ Long Island Mattituck Traveler
Watchman; also that it had been posted on the Town Clerk's Bulletin Board.
Also~ Southold Town Planning Board comments recommending same~ and the Suffolk
County Planning Commission comments for local determination. At this point in
time, we w3uld like to hear from the applicant or someone representing the
applicant on this matter.
WILLIAM SCHRIEVER: Gentlemen. I hope I don~t get choked up, I~ve
Page 3
Public Hearing
November 21, 1978 - 7~45 PoM.
William W. Schriever- Change of Zone
planned a little haraasment. Let me first, I think you have probably seen the
map and I just want to review it for those who may have forgotten. If you
remember, the sump that we've had some discussion about, the sump on Tabor Road
and the drain system and so forth and the exchange of property. This parcel
runs from that, from the north side of that property. It does not include that
property but it starts essentially where that sump actually was and runs up to
where my shop is; that's the parcel which is involved. It's a little over two
acres. There has never been an application by me on this identical piece of
property. It has never been the subject of a zoning application by me. I want
to review the history of this property and the area a little bit so that you
will get the picture that I have gotten~ about this business area. My interest
original, in this area occurred in 1968 when I was going to buy a piece of proper-
ty on the opposite side of the street from this, a nine-acre parcel, belonged
to Gwen and Fred Tabor, Mae Tabor, when they quit farming. And we agreed on a
price, and I came in and I made an application to have the area, nine-acre
parcel zoned business so that I could erect a building on this property for my
business. I had attempted to buy the only piece of business property in Orient
just previous to this, a parcel just off Youngs Avenue behind what's known as
the Brown house. It's a parcel that was originally owned by Eddie King, it
had a potato grading howe on it, and it was in disuse and disrepair about an
acre, and there was a move by the neighbors, immediate neighbors of this parcel,
I remember Mr. Rayburn , and they came to the Town Board and they demanded that
the parcel be upzoned from business to residential so that I could not move in
there, and the Board did that on its own motion. So following that I, about
when this property on Tabor Road, I attempted to buy that property with the
understanding that it would be re-zoned. The application was made; that was
before the change in the zoning ordinance. At that time we had a B-zone. The
B-zone included everything business. In other words iii included what is now
essentially in the C-zone, or at least parts of what's in the C-zone which is
what I needed for my business. But the B-zone would have included B-1 which,
you know, the thing was divided up later. This was a B-Business which was what
everything else was in Orient that was business. And it was recommended by the
Planning Board, recommended by the County Planning Board and the Orient School,
or the school never did anything, the people involved in the school, organized
and opposed the application, and the application was denied. This was in 1968.
Following that, I made another agreement to purchase that piece of property,
that nine-acre parcel together with the hold potato barn of the Tabor Family on
the opposite side of the street, which is now my shop, and I bought that with
the understand, or agreed to buy it with the understanding that it would be,
a variance would be granted to allow me to use that building for my business.
And that variance was granted. This was in 1969. Then I bought the building
and the nine-acre parcel~ my wife bought the parcel, it's in her name. So
that was our first purchase of property on Tabor Road. And we immediately
Page 4
Public Hearing
November 21, 1978 - 7:45 P.M.
William W. Schriever - Change of Zone
started improving the building and moved business in there and so forth~ and the
nine-acre parcel remained dormant, but we had inquiries from the Fire Department
about locating the fire house on that corner, and these inquiries continued over
a period of several years and became more serious I thought, and I needed to get
additional property south of my shop in order~ because I didn't have room enough
to drive around my own building. Shop building was filled, it's a half acre lot
and I had a large building and there was about 12 feet on one side clear and 15
feet on the other~ there's just no room. So the Thomas' Estate had never been
for sale, that is the parcel that we are considering tonight, Sarah C. Thomas
Estate. It was in tr~st and it was not for sale, and not for sale, and not for
salet many people tried to buy it. I tried to buy it at the time I bought the
nine-acre parcel. But apparently the trust had an end to it and it was coming
to an end, and I made an inquiry apparently at the right time and they agreed to
sell. They didn't want to sell just a little bit, they wanted to sell the en-
tire 12 acres. So that is how I acquired the property, that was around the end
of 1973. But in 1971, this is following the turning down of the business zone
on the east side of Tabor Road which I had applied for, the Town Board in making
the master plant the new revised when they adopted the new zoning ordinance, the
new maps and everything eise~ that was when this property was zoned business you
see. It was not zoned business before that. So nobody made an application to
zone this business. This was done on the recommendation of the Planning Board,
and it was already business when I bought it, so ~ never had anything to do with
getting this business. So that's, I subsequently bought this property and then
the question was how to be able to dispose of it. I proposed a subdivision with
a business area along Tabor Road in line with what the Planning Board had recom-
mended. And the subdivision would have been to the west and the frontage on
Tabor Road would have been business. That would have included this case. And
I made an application to re-zone my shop building and property that I added to
it to C-Bosiness~ which was what was necessary under the new zoning ordinance
because what I had was Bt would not allow the activities that I was doing there.
And that application was filed August 13, 1976 and involved do~azoning about an
acre or so, if I remember, from B-Light business to C-Industrialt and the Plan-
ning Board on that petition made the following recommendation at their meeting
in October of 1976: RESOLVED to recommend to the Southold Town Planning Board
denial of the application of William and Barbara Schriever for a change of zone
from B-Light Business to C-Light Industrial fo~ the property located on Tabor
Road in Orient~ based on the fact that a change would not be compatible with
the Development Plan for the Town of Southold. The Suffolk County Planning
Board on that same application said the following: RESOLVED to disapprove it
because of the following: It is inconsistent with the Town of Southold Devel-
opment Plan which designates this area for single family residence development.
It i~ inconsistent with the pattern of zoning in the surrounding area and there-
fore must be considered as spot-zoning. It would tend to establish a precedent
Page 5
Public Hearing
November 21~ 1978 - 7:45 P.M.
William W. Schriever - Change of Zone
for further industrial downzonings in the area and there appears to be ample avail-
able industrial zoned land throughout the Town of Southold. That's the Suffolk
County Planning Board on that application to downzone the shop building~ to accom-
modate what it was actually being used for. And this Board at an earlier time
May 10, 1977, a little more than a year ago, denied the application for the follow-
ing: It is inconsistent with the Town of Southold Development Plan which designates
this area for single-family residence development; it is inconsistent with the
pattern of zoning in the surrounding area and therefore must be considered spot
zoning; it would tend to establish a precedent for further industrial downzonings
in the area and there appears to be ample available industrial zoned land through-
out the Town of Southold. So that is what happened to the application to make
Light Industrial Zoning in this area. Not on this piece that I am applying for
tonight, but on the piece imanediately to the north of it and part of the same
business district. Following that I made an application which was filed in March
of 1977, and this was an application to extend the B area which is what this
present zoning is, Light Business, to extend that area to include the nine-acre
parcel across the street, and also to extend it to the south about an acre so
that it goes down to the back line of the residences there along Orchard Street.
In other words it would cover the area around the sump. This application re-
ceived the following comment from the Planning Board: RESOLVED to recommend to
the Southold To~n Board denial of this application for a change of zone on prop-
erty situated at Orient from "A-Residential" to "B-Light Business" based on the
following, rezoning of this property would constitute spot zoning, improper use
of the property because of potential traffic hazard with reference to the Oyster-
p~md:~ Union Free School District, it is inconsistent with the Southold Town
Development Plan. Now this is an application merely to extend the existing zon-
ing over more area. And it says it is inconsistent with the Development Plan,
that it causes a traffic hazard and would constitute spot zoning. On this same
application, Suffolk County Planning Board said the following: Due study and
deliberation~ RESOLVED to disapprove it because of the following, it is incon-
sistent with the Town of Southold Development Plan which designates this area
for agricultural-residential development, it's inconsistent with the residential
pattern of zoning and the character of the area east of Tabor Road. It consti-
tutes the unwarranted, extensive encroachment of business zoning and to a resi-
dence district. It would tend to establish a precedence for further do~azonings
along the Main Road, and the resulting increase in traffic generation would be
potentially hazardous to children attending Oysterponds School on the north side
of the road. As part of this same application the Oysterponds School District
said the following: (addressed to John Wickham, Chairman of the Planning Board
dated July 13, 1977) In reply to your letter of June 30, 1977 this is to inform
you that at the regular meeting of the Board of Education of the Oysterponds
Union Free School District in Orient held on July 5, 1977~ the Board goes on
record it is being unanimously opposed to the change of zone from "A-Agricultural
and Residential" to "B-Business Light" as applied by Mr. Schriever on the 8-acre
Page 6
Public Hearing
November 21, 1978 - 7:45 P.M.
William W. Schriever - Change of Zone
parcel directly south of the District School on Route 25 in Orient. The Board
is opposed because of the potential traffic problems involved, and therefore
the safety hazards to the children. And there were~ here is a letter in opposi-
tion by the North Fork Environmental Council and it says the following: (This
letter I believe was published in the newspaper.) The North Fork Environmental
Council. Sorry to learn that a third attempt is being made to downzone property
along Tabor Road in Orient from Residential-Agricultural and Business Zones to
Industrial. (That was not the case but that is what the letter says.) The
first attempt was in 1968. At that time and in a subsequent effort petitions
for downzoning were opposed by neighbors and other residents in the Hamlet of
Orient by trustees of the two adjoining cemeteries and by responsible Southold
Town officials. This time the Town is being asked to approve a proposition to
build a shopping center in the midst of historical and residential Orient. The
North Fork Environmental Council is opposed to this downzoning; such do~nzoning
would change the character of the co.~nunity from a peaceful residential envir-
onment to one of the busy~ heavy traffic, suburban-type blemish, defeat the
significance of the historial designation which Orient has earned~ create traf-
fic hazard~ endangering the lives of children attending the school across
Route 25, and the property in question~ degrade the surroundings of nearby
cemeteries and churches, and possibly most of all burden the limited water
supply and endanger sewerage disposal problems for the detriment of the entire
area of Orient. And there is a personal letter here from Ellen DeMario which
I won't read, which also appeared in the paper. And I made a presentation
before the Board attempting to establish this business district and in that
presentation, if you remember, everybody got up and opposed it. There was
only one person that spoke in favor of it, and that was my business partner.
He doesn't live here anymore, he lives in California. Everybody else opposed
it, there was a person there by the name of Bob Douglass who said the Orient
Fire Department opposed it. Somebody there from the cementery who said the
cemetery opposed it. Somebody was there from the school that said the school
opposed it, and there were a f~ private individuals who don't live in the
area who were there and they said they opposed it. So the thing had absolutely
unanimous opposition except for one person who doesn't live here anymore. And
I said at the time, if you remembered~ I'll read, what I had written in the
newspaper at that time. This is taken~ this is what I said in a letter to the
residents of Orient which was published in both local papers on November i0,
1977 and it says that as far as our plans are concerned that this proposal is
rejected, we will apply i~mnediately for a residential subdivision of seven lots
fronting on the east side of Tabor Road, and we will seek to remove the existing
small business zone on the West side of Tabor Road in the Courts if necessary.
Ultimately, a total of ten new residential lots would be added along Tabor Road
which in itself is a reasonably benign prospect. Now if you will remember at
that meeting after I had made my presentation and there obviously wasn't any
support, the business zone, I said I was reiterated that statement and there
Page 7
Public Hearing
November 21, 1978 - 7:45 PoM.
William W. Schriever - Change of Zone
was an ovation. Everybody was relieved that I was going to get rid of the
business area. Now I did in fact go to the Planning Board and I made an
application to make residential lots along Tabor Road just like I said I
did. In fact there are 10 of them, just like I said there would be, and
that is the map, and I have a letter from the Planning Board that says the
following: July 21, 1978 - The following action was taken by the Southold
Town Planning Board at a regular meeting held on July 17, 1978 resolved,
to grant approval to the sketch map of property of William and Barbara
Schriever~ said map dated May 16, 1978, subject to Mr. and Mrs. Schriever's
applying for and obtaining a change of zone of the business zoned p~operty
to residential. What I am asking for tonight is that. I would like to
change to residential so that it could be included in this subdivision the
property now zoned business ~hich is shown on that map as a part of the
subdivision.
SUPERVISOR MARTOCCHIA: Is there anyone else who wishes to speak on
this application? Is there anyone who has any objections to this application?
(There was no response.)
SUPERVISOR MARTOCCHIA: Is there anyone who wishes to speak in either
direction and make com~nents on this application?
(There was no response.)
SUPERVISOR MARTOCCHIA: Hearing none, -- Has everybody had the oppor-
tunity to speak that wishes to speak?
(There was no response.)
SUPERVISOR MARTOCCHIA: Hearing none, this hearing is closed and the
Board will make a determination at the proper time. Thank you.
The hearing was declared closed at 8:15 P.M.
Respectfully submitted,
Linda F. Kowalski
Stenographer
LEGAL NOTICE
NOTICE OF HEARING
ON PROPOSAL
TO AMEND
ZONING ORDINANCE
Pursuant to Section 265 of
the Town Law and the
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 at the Soutbeld Town
Hall. Main Road. Southold,
~ York, at 7:45 P.M.,
November 21, 1978, on the
following proposal to amend
the Building Zone Ordinance
(including the Building Zone
Maps) of the Town of
'Southold, Suffolk County, New
York, t9 wit:
By e'hanging from "B",
Light Business District to
R~i~ntiaI and Agricultural
Dist ~erty of
situated
York, and
bounded
as follows:
tho
Road,
being
said
Tabor Road
the
M~in Road;
said
abet Road
minutes
and i21 South
minutes 3O
104.76 feet;
~r lands of the
following thre~
1) South 82 degrees
~mllrmtes 20 seconds West
~' It. et, ~ 2) North 0 degrees
~t~mtes West 4~0.74 fe~t,
and (3) North 87 degrees ~7
minutes ~0 seconds East 218.1I'/
feet to the westerly line of
Tabor Road and the point or-
place of BEGINNING. Con-
taintog 2.27 acres, together
with sueh other land of tim
petitioner to the west of
westerly tine of the above
described parcel as it may be
determined lies within the
bounds of the "B" Ii~ht
Business District.
Any person desiring to
heard on the above propes~l
amendment should appear
the time and place above
specified.
DATED: October 10.
BY ORDIgR OF
THE SOUTHOLD
TOWN BOARD'
JUDITH T. TERRY,
TOWN CLERK
1TN9-3089
COUNTY OF SUFFOLK, l
STATE OF NEW YORK, ~ ss:
...TROY GUST.AVSON .................. being{ duly Sworn,
s~ys that HE is Printer and Publisher of ~e SUFFO~
WEEKLY TIMES, a new~per publ~sh~ ~ Green~rt, in ~id
county: and ~t the noti~, of which ~e ~e~ is u print~
~py, ~s ~en published in ~he ~d Suf~lk W~k~ Times
once in each w~k, ~or _ .o~..(~.) .................. w~ks
sVc~ssiv~ly oommencin~ on ~e . .~.~b, .(~.) .............
d~ of -No-vembev-~~
LEGAL NOTICE
NOTICE OF HEARING
ON PROPOSAL TO AMEND
ZONING ORDINANCE
Pursuant to Section 265 of
the Town La~v and the require-
~ments of the Building Zone
Ordinance-of the Town of
5outhold. Suffolk County, New
York, public hearing will be
held by the Southold Town
Board at the Southold T~wn
Hall, Main Road, Southeld.
New York, at 7:45 P.M.,
November 2,1, 197g, on the
following proposal to amend
the Building Zone Ordinance
(including the Ruilding Zone
Maps) of the Tuwn of South-
old, Suffolk County. New
.York. to wit:
B~' changing from "B"
Light Business District to "A"
Residential and Agricultural
District the ~perty of Wil-
liam W- Schriever situated at
Orient, Now Yo~k, and more
partlculnrly bounded and des-
cribed as follows: BEGINNING
at a p~int on the westerly line
of Tabo~ Ro~d, said point of
beginning being.437.59 feet
south algng said"{vesteriy llne
of Tabor Reno fi~m its inter-
section with the southerly line
of Main Road; proceeding
along said westerly line of
Tabor Road thc fOllowing two
courses: (l } South 0 de~ees 38
minutes East 3~4.10 feet, and
(2) South 8 degrees 06.minutes
30 secoud~ Fast 104.76 feet;
thence along.other land$ of the
petitioner the following three
courses: {1) South 82 degrees
32 minutes 20 seconds West
~233.57 feet, (2) North 0
degrees 38 minutes West
459.74 feet, and (3) North 87
degrees 47 minutes 30 seconds
East 218.37 feet to the west-
erly line of Tabor Road and the
point or place of BEGINNING.
Containing 2,27 acres, to-
gether with ~mch othsr l~.~d of
the I~itlt~ to lira west of
the westerly ]W/e~of tl~.~e
described par~cel as Jt ~ ~"
dot.mined'lies within the
hounds of' the B" Light
Business District.
Any person desiring to be
heard on the above proposed
amendment should appear at
the time and place above
specified.
DATED: October 10, 1978
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
IIII'HTI4 T T~' R¥
COUNTY OF SUFFOLK
STATE OF NE'VV YORK
Patricia Wood, being duly sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed ar £outhold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........ ~ .............................. weeka
succesSively, commencing on the ..._-~ .................................
.. _==.. :=:=..7..=.. ::.....'. ......... :.:-
Sworn to before me thLs .../~ ................ ~V Or
STATE OF NEW YOR/K:
COUNTY OF SIfFFOLK:
SS:
JUDITH T.
$outhold, New York, being duly sworn,
age of twenty-one years; that on the
she affixed a notice of which
19 78
notice
is a true copy, in a proper and subs,tantial manner,
most public place in the Town of Southold, Suffolk County,
York, to wit:-
Town Clerk Bulletin Board, Town Clerk Office
TERRY, Town Clerk of the Town of
says that she is over the
llth day of October
the annexed printed
in a
New
Main Road~ Southold, N.Y. 11971
NOTICE
November 21,
OF HEARING - William Schriever - "B" to "A" - 7:45 P.M.,
1978 - Southold Town Hall, Main Road, Southold, N.Y.
Sworn to before me this
llth day of October
19 78
N~tary Public
Term ~pires March 30. ]9~:~*
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING ORDINANCE
Pursuant to Section 265 of the Town Law and the 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 at the Southold Town Hall, Main Road, Southold, New
York, at 7:45 P.M., November 21, 1978, on the following proposal
to amend the Building Zone Ordinance (including the Building Zone
Maps) of the Town of Southold, Suffolk County, New York, to wit:
By changing from "B" Light Business District to "A" Resi-
dential and Agricultural District the property of William W.
Schriever situated at Orient, New York, and more particularly
bounded and descr£bed as follows: BEGINNING at a point on the
Tabor Road, said point of beginning being 437.59
said westerly line of Tabor Road from its inter-
southerly line of Main Road; proceeding along
of Tabor Road the following two courses: (1)
minutes East 334.10 feet, and (2) South 8
30 seconds East 104.76 feet; thence along
petitioner the following three courses: (1)
westerly line of
feet south along
section with the
said westerly line
South 0 degrees 38
degrees 06 minutes
other lands of the
South 82 degrees 32 minutes 20 seconds West 233.57 feet, (2) Nortk
0 degrees 38 minutes West 459.74 feet, and (3) North 87 degrees
47 minutes
Tabor Road and the point or place of
acres, together with
west of the westerly
be determined lies within the bounds of the
District.
30 seconds East 218.37 feet to the westerly line of
BEGINNING. Containing 2.27
such other land of the petitioner to the
line of the above described parcel as it may
"B" Light Business
Page 2 - Schr~ ~ver
Any person desiring to be
amendment should appear at the
DATED: October 10, 1978
heard on the above proposed
time and place above specified.
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY, TOWN CLERK
PLEASE PUBLISH ONCE, NOVEMBER 9, 1978, AND FORWARD ONE AFFIDAVIT
OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD,
SOUTHOLD, NEW YORK.
Copies to the following on October ll,
The Suffolk Times
The Long Island Traveler-Watchman
William W. Schriever
1978:
P
D
RECEIVED
JOHN WICKHAM, Chairman
FRANK $. COYLE
HENRY E. RAYNOR. Jr.
FREDERICK E. GORDON
JAMES WALL
Sou[hold, N.Y. 11971
September 27, 1978
TELEPHONE
765- 1938
Southold Town Board
Town Hall
Southold, New York 11971
Gentlemen:
The following action was taken by the Southold
Town Planning Board at a regular meeting held September
18, 1978.
RESOLVED to recommend to the Southold Town Board
approval of Application #240 of William W. Schriever
requesting a change of zone from "B" Light Business to
"A" Residential and Agricultural District on certain
property at Orient, New York, due to the fact it is:
1. Consistent with good planning.
2. Consistent with the residential pattern of
the immediate neighborhood.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
Town of Southold
Planning Board
Suffolk County Department of Planning
Lee ~ennison E3:ecutive Office Buil~inE
Veterans [~norial 7~ic~'ay
Mauppauge, ?aw York 11737
(516) 979-2918
September 29, 1978
Petitioner: William W. Schriever
Zoning Action: C/Z "B" Bus. to "A" Res. & Agr.
Mun. File No.: 240
S.C.P.D. File ~.: SD-78-8
Gentlemen
Pursuant to the recuirements of Sections lq23 to 1332 of the Suffolk County
Charter~ the above captioned application which has been referre~ to the Suffolk
County Plannin~ Commission is co~sidered to be a matter for local determination.
The decision of local determination shoul~ mot be construed as either an approval
or disapproval.
Very truly yours~
Lee ~. lopDelman
nirector of ~lanninu
GGII.jk Gerald G. ~'e~nan
Chief Planner
JUDHH T. TERRY
TO~'N CLERK
I~EGISTILAR OF VITAl STATISTICS
TELEPHONE
(516) 765-1801
July 26, 1978
Southold Town Planning Board
Southold, New York 1197~
Gentlemen:
Transmitted herewith is petition of WiLliam W.
Schriever requesting a change of zone from "B" Light
Business to "A" Residential and A~ricultural District
on certain property at Orient, New York.
You are hereby instructed to prepare an official
report defining the conditions described in said
petition and determine the area so affected with your
recommendation.
Very truly yours,
Judith T. Terry
Town Clerk
STATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MAT'rER OF THE PETITION OF
FoR A MOD CATION OF BUI .DI G ZONE O IN-
ANC~ OF THE TOWN OF SOUTHOLD, SUFFOLk COUNTY, NEW YORK.
TO THE TOWN BOAP,.D OF TI-IE TOWN OF SOUTHOLD:
1. I, ....~[.!.l..l.~..m...~{.,..~£.l~i-.~Z~K ...................... residing at ...................... , ......... , ...............
(insert name of petitioner)
Suffolk County, New York, the undersigned, am the owner o£ certaiu real proporty situated at
............. ~.~?~:...I'{....~.~ ...................... and more particularly bounded and described as follows:
BEGINNING al: a point .',n the westerly line of labor Road, said p~,tnt of begin lng
being 4~7.59 feet south along said westerly line of Tabor Road from !ts inter-
section with the southerly line of Main Road; proceeding along sald westerly
line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes
East 93&.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 10&.76
feet; thence along other lands of the petitioner the following three courses:
(1) South 82 degrees 32 minutes 20 seconds West 2~3.57 feet, (2) North 0 degrees
38 minutes West 459.74 feet, and (3) North 87 degrees 47 minutes 30 seconds
East 218.37 feet to the westerly line of Tabor Road and the point or place of
BEGINNING, containing 2.27 acres, together with such other land of the petitioner
tu the west of the westerly line of the above described parcel as it may be
detenMned lies within the bounds of the "B", Light Business District.
2. I do hereby petition the Town Board of the Town of Southold to change, mod;.fy and
amend the Building Zone Ordinance of the Town of Souihold, Suffolk County, New York,
including lhe Building Zone Maps heretofore made a part thereof, as follows:
To change the zoning of the above described property from "B", Light Business
District to "A" Residential and Agricultural District.
Note: It is the intention of the petitioner and his wife to retain for now
the "B", Light Business District for the property now occupied by the Schrtever
C(,nstructton Co., Inc. and a one-acre parcel Just south of that property. It
Is .~ur Intention to merge these parcels so that no retail business develop-
ment can occur in the future. Our petition to achieve this result by zoning
them "C", Light Industrial District was recently dented, but our intentions
remain unchanged.
Such request is made [.~r the following reasons:
(a) Said pr,,perty ts not marketable as p£ese~tly z,~,ned because it Is
insufficient in area to develop the traffic required for retail businesses.
(b) Petitioner attempted t~ extend "B" Light B~slness District ti, include
adjoining property along Tabor Road so that property would I~e marketable
and petition was denied by the Town Board.
(c) Petitioner has explored downzoning property to"C", Light Industrial
District which would neither create nor depend on traffic and petition was
denied.
(d) Petitioner has offered to donate property to Town to widen Tabor Road
to accomoda~e the traffic which would be generated by retail business use
and the Town Board refused the offer.
(e) Petitioner now wtshes to develop all of the surrounding property in
a residential subdivision and the existence of a "B" Light B~slness District
within thts subdivision will detract s~bstantially from the value of many
of the lots, particularly those facing the business district on'Tabor Road.
(f) Petitioner ts unable to include this property w~thin the residential
subdivision without some relief from the limitation imposed by Local Law
No. 5-1976.
(l.. s.) ,, -(. ~/~-~' ", ;~ ,~Z~/.~..z~---~, .
Wtllta~h W. SchrJeYer
STATE OF NEW YORK, )
) .qS:--
C~d.:X'FY OF SUFFOLK, )
..... .lq~,l-l-3:~n3..W....S. ql3~'.l.~Y~' ................. BEING I~[I[..Y c. WORN, deposes and says that
he is the petitioner in the xxithin action; that he has read the foregoing i'etition and knows
the content= thereof; that the same is true to his ~ht'r) OWll knox~ledge, except as to the matter.;
therein stated to be alleged on information and belief, and that as t,, th,,se matter= he helieves it
this ...t dayof ........ ', ,', ~ ,-c_ ......... 19 ?.[: .
William W. Schrtever
STATE
TOWN BOARD, TOWN OF SOUTHOLD
In the Matter of the Petition of
Wllltam W. Schrtever
to the Town Board of the Town of Southold.
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1_ That it is the intention of the undersigned to petition the Town Board of the Town of Southold to
requesta change of zone for a portion of the p~operty now zoned for business.
2. That the property which is the subject of the Petition is located acl~teeol~xyourpropert~ and is des-
cribed~follows: approximately 2¼ ac~es fronting on the westerly side of Tabor oad
running from a point 438 feet~ approximately, south of the Main Road for a distance
of 439 feet, approxtmately~ and extendtn~ to a depth of 200 feet or more.
3. Thatthe property whichisthesubjectofsuch Petitionislocatedinthefollowingzoning district:
"B" Light Business District
4. That by such Petition, the undersigned will request that the above-described property be placed in the
following zone district classification: "A" Residential and Agricultural District
5. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the
Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of
Southold and designated for the publication of such notices; that you or your representative have the right to ap-
pear and be heard at such hearing.
Dated: July 20, 1078
Petitioner William W. Schrlever
Post Office Address:
Main Road, Box 128
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
1. Orient Cemetery, c/o Martha Terry, Secretary, Orient, N. Y. 11957
2. Mr. & Mrs. Ward Tabor, Main Road, Orient, N. Y. 11957
3. Russel Tabor & Sons, Main Road, Orient, N. Y. 11957
4. Mr. & Mrs. Wendell Tabor, Village Lane, Orient, N. Y. 11957
5. Mr. Estacto Soito, Village Lane, Orient, N. Y. 11957
6. Mr. Joseph L. Magrtno, Jr., Village Lane, O~lent, N. Y. 11957
7. Mr. & Mrs. Robert C. Reeves, Jr., Village Lane, Orient, N. Y. 11957
8. Mr. Alfred R. Norklun, Village Lane, Orient, N. Y. 11957
9. Dr. & Mrs. J. Moor-Jankowski, 431 E. 85th S~reet, New York, N. Y. 10028
10. Mrs. Alice Krtpinski, 179 Nicholas Ave., Staten Island, N. Y. 10302
11. Mr. Louis A. Lionetti, 329 Com~nack Road, Commack, N. Y. 11725
12. Mrs. Martha M. Horton, Village Lane, Orient, N. Y. 11957
13. Orient Methodist Church, ¢/o Donald MeNeill, Orient, N. Y. 11957
14. Mrs. Hazel F. King, Orchard Street, Orient, N. Y. 11957
15. Mrs. Edith Barra, Orchard Street, Orient, N. Y. 11957
16. Mr. & Mrs. Joseph F. Woglom, Jr., Box 257, Orient, N. Y. 11957
17. Mrs. Adrlana B. Vail, Orchard Street, Orient, N. Y. 11957
18. Mr. & Mrs. William Wysocki, Jr., Orchard Street, Orient, N. Y. 11957
19. Mrs. Shirley B. Carlsson, 325 West Neck Road, Huntington, N. Y. 11743
20. Mr. & Mrs. William Rich III, 454 Fort Washington Ave., New York, N. Y. 10033
21. Mr. Antonio G. Ferreira, Jr., Main Road, Orient, N. Y. 11957
22. Mr. & Mrs. Anthony Gloria, Main Road, Orient, N. Y. 11957
23. Mr. & Mrs. Frank Wernikowskt, Main Road, Orient, N. Y. 11957
24. Mr. William Y. Terry, Jr., Box 275, Orient, N. Y. 11957
25. Mr. & Mrs. H. Horace Terry, 125 N. Lakewood Circle, Maitland, Florida 32751
26. Orient Central Cemetery, ~ Orient, N. Y. 11957
STATE OFNEWYORK:
COUNTY OF SUFFOLK:
SS.;
William W. Schriever . residing at Main Road~ Orient~ Iq. Y. 11957
, being duly sworn, deposes and says that on the 20th day
of July ,19 78 , deponent mailed a true copy of the Notice set forth on the reverse
side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;
that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur-
rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at
Orient, N, Y,
Sworn to me this c~C3
day of l_~t=~, ~ ,19 ~ ,~ .
; that said Notices were mailed to each of said persons by (certified)
William W. Schriever