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HomeMy WebLinkAboutSouthold Resins, Inc.Amend.#110 LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 110 NOTICE IS HEREBY GIVEN that at a meeting of the Town. Board of the Town of Southold, Suffolk County, New York, held on the 12th day of June, 1979, the Town Board enacted the following amend- merit to the Town Cede eh- titled "Code of the Town of Southold' together with the Building Zone Map forming a part thereOf as follows, to wit: Amendment No. 110 amends the Code of the Town of Soutbeld by changing from -A" Residential and Agricul- tural District to "C" Light Industrial District the proper- ty of Soutbold Resins, Icc. (Cappa and Homanl situated at Greenport, Town of South. old, Suffolk County, Ne~ York, and morn partieularl] bounded and described as roi lows: PARCEL A: All that certai, tract or parcel of land, wit the buildings and improv~ ments thereon erected, si{ oate, lying and being a Greenpert, in the Town o Southold, County of Suffolk and State of New York, an( bounded and deserihad as roi. lows: BEGINNING at a point or the ordinary high water mar[, of Pil~ Cove, distant on ~ course North 46° 30' 00" Wes 355.55 feet from the southwest erly corner of land now o. formerly of Harvey Isai~ · point beinR the southerly pain of upland conveyed by the J. I J W. Eiswerth Company t Franklin C. Ashby by a de~ dated January a, t956 an, recorded Jannary 9, 1956 i~ the Suffolk County Clerk". Office ,iber 4051 Cp 22S and RUN,~tNG THENCE along land of Ashby North64° 1S' 30" East 183.37 feet [o a point marking the sOathwesterly corner of land of Greenhalgh- THENCE along the souther- ly line of land of Greenhalgh South 82" 41' 20" East 165.10 feet [o a concrete monument set on the weslerly line of ~ Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 19' 40" West 230.00 feet to the northerly paint of land now or formerly of Harvey; THENCE along the nerth- westerly line of said land now or formerly of Harvey, South 3O° 5' 40" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the paint or place of beginning, the last eom-se being describ- ed by a tie line only as North 46° 30' 00" West 355.53 feet, to the paint or place of BEGIN- NING. PARCEL B: All that certain tract or paroal of land now or formerly under the ordinary high water mark of Pipes Cove, together with the struc- tures, improvements and buildings thereon, situate, ly- ing and being at Greenpert, in the Town of Soathold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° a0' 00" West 355.53 feet from the southwest- erly corner of land now or formerly of Harvey (Said paint being the southerly point of upland conveyed by J. & J. W. Elswerth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Suffo& County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direction to land now or formerly of Har- vey, a distance measured by a tie line only on a eom'se, South 46° 3o' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a south- westerly directior distance of 100.00 feet; THENCE North"~6° '10' 00" West a distance of a0out 340 feet to the southeasterly line of a grant of land under the water conveyed by J- & J. W. Elsworth Company to Frank- lin C. Ashby in the deed aforesaid; THENCE North aa° 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 9, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294, page 370. Excepting therefrom such ol described premises as are located in the corporate limits of the Village of Greenport. DATED: June 12, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK 1TJ21-3241 ing duly Sworn, f the SUFFOLK :eenport, in said · xed is ~ printed : Weekly Times ........ weeks LEGAL NOTICE NOTICE OF AMENDMENT T TO ToWN ORDINANCE AMENDMENT NO. 110 NOTICE IS HEREBY GIVEN that at a meeting vi the Town Board of the Town of ~outhold, Suffolk County, New York, held o~. the ITch day of ~tlne, 1979, the Town Board enacted the following amend- ment to the Town Code entitled "Code vi the Town of Southold" together with the Budding Zone Map forming a pert thereof as follows, to wit: Amendment No. 110 a- mends the Code of the Town of Southold by changing from "A" Residential and Agricul- tural District to "C" Light Industrial District the property of $outhold Eesins, Inc. ICap- pa and Haman) situated at Greenport, Town o~ Southold, Suffolk County, New York, and more particularly bounded and described as follows: pARCEL A: ALL that cer- tain tract or parcel of laud., with the buildings and ia- situate, lying and being Green~ort, in the Town of Southold, County of Suffolk, and State of New York, bounded and described aa follows: BEGINNING at a point on thc ordinary high water mai'it of Pipes Cove, distant au course North 46° 30' 00" Went 355.53 feet [rom the south- formerly of Harvey {sm'id poiin being the southerly point nf upland conveyed bY the J. & W. Elsworth Company Franklin C, Ashby by · dated January 3, 1956 and -'~recorded January 9, 1956 the Suffolk County Clerk'S Office in Liber 4051 Cp 225 RUNNING THENCE land o~ Ashby North 640 30" East 183.37 feet to a point comer of land of Greenh~lgh, THENCE along the souther- l> line of land of Greenhalgh South 82° 4l' 20" East 165-10 TI-IENCE along the westerly line of Sisth Street, 5doth 18' 40" West 230.00 feet to the formerly of Harvey; T~IENCE along the north- or formerly of Harvey, South 29° 5' 40" West 86.0~. feet high water mark of Pipes COUNTY OF SUFFOLK STAT£ OF Nk-'VV' 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 a printed copy, ~as been published in said Long ~sla~d Traveler-Watch- man once each week for ............. /. ......................... week~ iuccessively, commencir~ o~ the ....... ~- .......................... gUNNING THENCE ~ong -x4~] ........... the ordinary high water mark of Pipes Cove in a general northwesterlY direction to the iht or elate of beginning. by a tie line only as No~d~ 46* 30' 00" West 355_53 feet, to the point or pl~ce of BEGIN- NING. PARCEL B: All that certain traCt or parcel of land now or formerly under the ordinary high water mark of Pipea Cove, together with the struc- tures, im@~¥emunts and buildings ther~an, situme, ly- ing and be'rog at Grnenport, in ~e Town of Snuthold, County of Suffolk and State of New Yerk, bounded and described as follows: "" BEGINNING at a point on the ordinary high water mark of Pipes Cove distant un a course North 46° 30' BO" West 355.53 feet from the south- ~vesterly corner of land now nr formerly of Harvey (Said point being the southerly point of upland cunve~ed hy J. & J- W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and re~rded lanuary 9, 1956 in the Suffolk County Clerk's O~ee in Liber 4051 Cp 225 and; RU~NING THENCE aloeg the ordinary high water m~rk of Pipes Cove in a g~neral southwesterly direct Jun to lend now or formerly of Harvey, a di~tunce measured by s tie line only on a course, South 46° 30' 00" East of 355.53 RUNNING THENCE into the ~vaters of Pipes Cove at right angles ~ said ordinary high water mark in a south- westerly direction a distance of t00.00 feet; Swum to before me this ...................... day o~ THENCE No~h 46° 30' 00" West a distance of about 340 ~ to the southeasterly line of a grant of land ,~nder the water conveyed by $. & J. W- Elsworth Company to FrenkRn C. Ashby in the deed a.foro- THENCE Nntth 33' 43' 20° l~ast ~oui 106 feet to the peint nr pl~ of BEOINNING* '~G AND INTENDED TO BE the sm'ne premises c~nveycd to the Lunalords, ARMANDO CAPPA and .IAIVlF-S F. HOMAN, by De~a, recorded ko the Sm~olk Cotmt-y Clerk's Office at fiber 6294, .~pe~e 370. Eaceptkog thet,~f~m spca of described premises as sre leeatod in the mrpornte limits of the Village of Greenport. DATED: .luae 12, 1979 BY ORDER OF THE $OUTHOLD TOWN BOARD 3UDITH T. TERRY Town Clerk IT, §/21/79 ~g98) COUNTY OF SUFFOLK DEPARTMENT OF PLANNING RECEIVED JUL 1 ! 1979 Town Clerk Southold July 9, 1979 [frs. Judith T. Terry, Town Clerk Town of Southold P~in Road Southold, N.Y. 11971 Re: Adopted change of zone of "Southold Resins, Inc." from Residence "A" to "C" Industrial, Town of Southold. Dear Ms, Terry: Pursuant to the requirements of Section 1330 of the Suffolk County Charter, the Suffolk County Planning Commission has notified the Incorporated Village of Greenport concerning the above captioned change of zone. Having received no adverse response, the Commission will take no further action. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk JUDITH T. TERRY - '?~ JUX OFFICE OF Town CLERK RECE1VE9 TOWN OF SOUTHOLD SUFFOLK COUNTY 19 PH Ig 37 Southold, L. [.. N. Y. 11971 ~,L..:; u.. I '. T£qYbl OF SOUTHA~i?TOil ~u~e Z3, 1979 RECEIVED -'~'~ z O 1979 Town Clerk $outhold TELEPHONE ($16) 76.5-1801 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton~/ Town of East Hampton Suffolk County Planning Department L. I. State Park Commission Received ? 'dat~e ' signature & title JUDITH T. TERRY - TOW~ CLERK OFFICE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I.. N. Y. 11971 RECEIVED JUN~" 0 1979 Town Clerk Southold TELEPHONE (51~65-180! June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission Received signature & title JUDITH T. I~ERRY TOWN CLERK R~!GISTRAR OF VITAL ~YATISTIC$ OFFICE OF Town CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I., N. Y. 11971 RECEIVED JUN I 9 1979 Town Clerk $outhold ~ELEPHONE (516) 765-1801 June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Received Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Plannin~ Departme~/ L. I. State Park Commission~/ / // JUDITH T. 'JERRY - TOWN CLERK OFFICE OF TOWN CLERK TOWN OF $OUTHOLD SUFFOLK COUNTY Southold, L. l., N. Y. 11971 RECEIVED JUN 1 9 1979 Town C~erk Sou[hold TELEPHONE (5[6) 765-tS0t June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold To~ Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Received Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton~/ Suffolk County Planning Department L. I. State Park Commission signature & title JUDITH T. I[RRY - T o '.',2q CLERK REGISTRAR OF VITAL STAIISTICS OFEICE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I., N. Y. 11971 RECEIVED JUN t 8 Town C~erk SOuthold TELEPHONE (516) 765-1801 June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island ~ Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department Lo I. State Park Commission Received. date signature ~title JUDITH T. TERR'~ - TOWN CLERK OFFICE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY 97 Southold, L. I., N. Y 11. ,1 RECEIVED JUN J. 8 1979 Tow. Cretk Southold TELEPHONE June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead ~/ Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission date ~sJignatur~& title JUDITH T. TERRY - T O'~FN CLFRK R~GISTKAR OF VIRAL STAIISTICS OFFICE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I. N. Y. 11971 RECEIVED JUN l U 1979 Town ~erk Southold TELEPHONE (516) 765-1801 June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Southold To%~ Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport/ Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission Received c -/F-- 77 date /signature & title WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..~t~-~-.9.]r.c~...~}.~J:~-~.¢-..]~.~.z....!.(~..~.t~ .I~.o. man) requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Residential and lng from ....Agz:i~ultbuzal .......... District to ..'~'....~_.c/h~....~.~L?:~.~-.~.J:a 1 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 ....... 23:rl~...doy of .................. Ja~.~.ar~ ............ , 19].(~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: June 12, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD J-JDITH T. TERRY, TOW~ CLERK JUDF[H T. TERRY TOWN CLERK i~G[SYRAR OF VITAL STATIS][[CS OFFICE OF TO%¥N CLERK TOWN OF SOUTItOLD SUFFOLK COUNTY Southold, L. 1., N. Y. 11971 [ELEPHONE June 13, 1979 This is to acknowledge receipt of written notice of Amendment No. 110 to the Sonthold Town Building Zone Ordinance (include Building Zone Maps), which amend- ment was adopted by the Southold Town Board at a regular meeting held on June 12, 1979. Kindly sign the duplicate copy of this letter and return to me in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry To%m Clerk Enclosure To: Village of Greenport~~ Village of Dering Harbor Town of Shelter Island~, Town of Riverhead~' Town of Southampton.4-. Town of East Hampton~ . Suffolk County Planning Department~c.. L. I. State Park Commission~c Received ~Y_ date signature & title STATE OF NEW YOPd<: COUNTY OF SLrFFOLK: SS: JUDITH T. Southold, New York, being duly sworn, age of twenty-one years; that on the 19 79 notice is most public place in the Town of Southold, York, to wit:- Town Clerk Bulletin Board, TERRY. Tovzn Clerk of the To%~n of says that she is over the 13th day of June she affixed a notice of which the annexed printed a true copy, in a proper and substantial manner, in a Suffolk County, New Town Clerk Office Main Road, Southold, N.Y. 11971 Notice of ~mendment to Code of the Town of Southold: Amendment No. 110 - Southold Resins, Inc. (Cappa & ~oman) ~ J~dit~ T. Terry, To~ Clerk Sworn to before me this 13th day of June 1979 LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 110 NOTICE IS Town of of June, HEREBY GIVEN that at a meeting of the Pown Board of the Southold, Suffolk County, New York, held on the 12th day 1979, the Town Board enacted the following amendment to the Town with the Bu~[lding wit: Amendment No. Code entitled "Code of the Town of Southold" together Zone Map forming a part thereof as follows, to changing from "A" Residential and Agricultural District to Light Industrial District the sroperty of Southold Resins, (Cappa and Homan situated at Greenport, Town of Southold, 110 amends the Code of the Town of Southold by ~C~ Znc. Suffolk County, New York, and more particularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, the buildings and improvements thereon erected, situate, with lying and being at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46© 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64© 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh, PAGE 2 -Ame ~ent 110 THENCE along the southerly line of land of Greenhalgh South 82© 41' 20" East 165.10 feet to a concrete monument set on the westerly line of Sixth Streetz THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the northwesterly line of said land now or formerly of Harvey, South 29© 5' 40" West 86.08 feet more to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Cove in a general northwesterly direction to the point or of beginning, as North 46© 30' BEGINNING. PARCEL B: or less Pipes place the last course being described by a tie line only 00" West 355.53 feet, to the point or place of All that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Pown of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46© 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (Said point being the southerly point of upland conveyed b~ J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direction to land now or formerly of Harvey, a distance measured by a tie line only on a course, PAGE 3 - Ame"~ment 110 South 46© 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46© 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33© 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAMES F. HOMAN, January 8, 1968 and recorded in the Suffolk at Liber 6294, page 370. by Deed, dated County Clerk's Office Excepting therefrom such of described premises as are located in the corporate limits of DATED: June 12, 1979 the Village of Greenport. BY ORDER OF THE S OUTHOLD TOW~ BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 21, 1979, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies mailed to the following on June 13, 1979: The Suffolk Times The Long Island Traveler-Watchman Irving L. Price, Jr. Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department State Park Commission JUDITH T. TERRY · T O~2q CLERK REGISqFRAR OF VITAL STAT[SI'ICg OFFICE OF TOWN CLERK TOWN OF SOUI'HOLD SUFFOLK COUNTY Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 28, 1979 New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Gentlemen: In accordance with Article 8 of the Environmental Conservation Law, the Southold fown Board made the following determination with relation to a proposed change of zone: WHEREAS, Southold Resins, Inc. has heretofore applied to this Board for a change of zone of property abutting the Incorporated Village of Greenport and adjacent to Peconic Bay, and WHEREAS, a public hearing was duly held on said application, and WHEREAS, the applicant has duly submitted a written statement (Environmental Assessment Form) in accordance with Chapter 44 of the Town Code, and ~qEREAS, notice of receipt of such statement has been duly posted. NOW, THEREFORE, IT IS RESOLVED that this Board has hereby determined that the proposed action will not have a significant affect on the environment, and Page 2 N -.S. Dept. of Environ. Cons IT IS FURTHER RESOLVED that the 'Fown Clerk shall file and circulate this determination in accordance with Chapter 44 of the Southold Town Code and Article 8 of the Environmental Conservation Law and the rules and regulations promulgated pursuant thereto. DATED: May 22, 1979. Town Board, Town of Southold The lead agency is the Town Board of the Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, Judith T. Terry Town Clerk cc: Supervisor Martocchia Highway Superintendent Dean Planning Board Building Department Town Clerk Bulletin Board Irving L. Price Jr. Village of Greenport JUDITH T. TERRY - OFFICEOF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 May 28, 1979 NewYork State Department of Environmental Conservation Building ~40, State University of Stony Brook, New York 11794 New York Gentlemen: In accordance with Article 8 of the Environmental Conservation Law, the Southold Town Board made the following determination with relation a proposed change of zone: WHEREAS, Southold Resins, Inc. has heretofore applied to this Board for a change of zone of property abutting the Incorporated Village of Greenport and adjacent to Peconic Bay, and WHEREAS, a public hearing was duly held on said application, and WHEREAS, the applicant has duly submitted a written statement (Environmental Assessment Form) in accordance with Chapter 44 of the Town Code, and WHEREAS, notice of receipt of such statement has been duly posted. NOW, THEREFORE, IT IS RESOLVED that this Board has hereby determined that the proposed action will not have a significant affect on the environment, and Page 2 - N v.S. Dept. of Environ. Cons IT IS FURTHER RESOLVED that the Town Clerk shall file and circulate this determination in accordance with Chapter 44 of the Southold Town Code and Article 8 of the Environmental Conservation Law and the rules and regulations promulgated pursuant thereto. DATED: May 22, 1979. Town Board, Town of Southold. The lead agency is the Town Board of the Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, Judith T. Terr~; Town Clerk cc: Supervisor Martocchia Highway Superintendent Dean Planning Board Building Department Town Clerk Bulletin Board Irving L. Price Jr. Village of Greenport DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WHEREAS, Southold Resins, Inc. has heretofore applied to this Board for a change of zone of property abutting the Incorporated Village of Greenport and adjacent to Peconic Bay, ant ~EREAS, a public hearing was duly held on said application, and ~EREAS, the applicant has duly submitted a written statement (Environmental Assessment Form) in accordance with Chapter 44 of the Town Code, and WHEREAS, notice of duly posted. NOW, THEREFORE, IT IS RESOLVED that this receipt of such statement has been Board has hereby determined that the proposed action will not have a significant affect on the environment, and IT IS FURTHER RESOLVED that the Town Clerk shall file and circulate this determination in accordance with Chapter 44 of the Southold Town Code and ArtLcle 8 of the Environmental Conservation Law and the rules and regulations promulgated pursuant thereto. DATED: May 22, 1979. Town Board, Town of So~thold Judith T. Terry, Town Clerk IRVING L. PRICE, JIL RECEIVED MAY z z 19 '9 May 21, 1979 Town Clerk Southold Town Hall Main Road Southold, New York 11971 Re: Application of Homan and Cappa for Change of Zone on Property at Foot of Sixth Street Dear Madam: I enclose herewith an environmental assessment of the above captioned premises. Trusting this is the information that is desired, I remain Very truly yours, ILP/dg Eric. TO THE HONOP~ABLE TOWN BOARD OF THE TOWN OF SOUTHOLD: RECEIVED rvlA¥ z z ]919 Tow. Clerk $oulhoIcl Pursuant to Section 44.5 of the Southold Code, the undersigned hereby files the following written statement: The names of the applicants are Southold Resins, Inc. (Cappa and Homan.) The location of the property is at the foot of Sixth Street (west side) in the VillaGe of Greenport, New York. The proposed action is to change the zone of the part of premises located in the Town of Southold to accord with the zoning classification of the Dart of premises located in the Village of Greenport. (The corporation line (westerly) of the Village of Greenport bisects applicants' premises, including improvements thereon. See map of Van Tu¥1 & Son dated September 13, 1977 attached hereto and made a part hereof. See Short Environmental assessment form attached hereto and made a Dart hereof. These premises have been improved by bulkheads, oyster shops and oyster shell piles and so used beginning over 100 years ago. There will be no physical change. Respectfully submitted, I~l?] T ~CTiC, h5: 12. ~lll [r.l.,', result in a large phynJ.cal chanKe the [u-.,jecL site or physical, l~ dlter more ann rr,,-m found ,:n the site? Will [,ro,~e.!t al tar or have a large effect on Will project al'feat any threatened or endangered Will project have a ma.J~n- effect on visual char- acter of ~ne community or scenic vlaw~ or v~s~as ~n©wn £c be £mportan~ to Lbe comm~unlty? · . o Will pr'~ ~cr_ regularly cause ohjer'tionable odors, ~'ti] pr~,.iect ha;e an_',' impa~* on p,,b/ic health or Yes X [;o X Yes__ No X Yes X ?h X Yes ~;o X Yes ~'~ X X Yes . N. X X Yes '; X Yes X Attorney at law May 18, 1979 MINUTES OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE SOUTHOLD RESINS: INC. A public hearing was held by the Southold Town Board at the Southold To~n Hall, Main Road, Southold, New York 11971, at 7:30 P.M. on Tuesday, January 23, 1979 on the following proposal to amend the Building Zone Ordinance (including the Building Zone blaps) of the Town of Southold, Suffolk County, New York. PRESENT were: Supervisor Albert M. Martocchia Justice Martin L. Suter Councilman Henry W. Drum Councilman William R. Pell, III Tow~ Clerk Judith T. Terry Town Attorney Robert W. Tasker ABSENT were: Councilman James F. Homan (Mr. Homan abstained due to conflict of interest) Justice Francis T. Doyen COUNCILMAN DRUM read the legal notice of hearing as follows: 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, blain Road, Southold, New York, in said To%rn once 23rd day of January, 1979 at 7:30 P.M. on the following proposal to amend the Building Zone Or- dinance (including the Building Zone Maps) of the To~n of Southold, Suffolk County, New York. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Southold ~sins, Inc. situated at Greenport, Town of Southold, Suffolk County, New York, and more parti- aularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary highwater mark of Pipes Cove, distant on a course North 46o30'00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J & J.W. Elsworth Company to Franklin C. Ashby by a deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk County Clerkrs Office in Ltber 4051 cp 225, and RUNNING THENCE along land of Ashby North 64o15'30'' East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 82° 41'20" East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE ~long the westerly line of Sixth Street~ South 7°18'40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the northwesterly line of said land now or formerly of Harvey South 29 5'40" West 86.08 feet, more or less, to the ordinary highwater mark of Pipes Cove; RUNNING THENCE along the ordinary highwater mark of Pipes Cove in a general northwesterly direction to the point or place of beginning, the last course being described by a tie line only as North 46°30'00'' West 355.53 feet, to the point or place of BBGINNING. PARCEL B: ALL that certain tract or parcel of land now or formerly under the ordinary highwater mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary highwater mark of Pipes Cove distant on a course North 46°30700 West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by J. & J.W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 cp 225, and RUNNING THENCE along the ordinary highwater mark of Pipes Cove in a general southwesterly direction to land now or formerly of Harvey, a dis- tance measured by a tie line only on a course, South 46o30'00'' East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary highwater mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46°30700'' West a distance of about 340 feet to the south- easterly line of a grant of land under the water conveyed by J & J.W. Els- worth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33°43'20'' East about 106 feet to the point or place of BEGINNING. 2 BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAbIES F. HOMAN, by deed dated January 8, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294 page 370. Excepting therefrom such of described premises as are located in the corporate limits of the Village of Greenport. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. DATED: December 26, 1978. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK COUNCILb~N DRUM continued: I do have proof of publication affidavits that this has been published in the Suffolk Weekly Times and the Long Island Traveler-Watchman. I also have proof, certified by Judith T. Terry, that the written notice of proposed amendments has been sent to the Village of Greenport, the Village of Dering Harbor, Town of Shelter Island, Town of Riverhead, Town of Southampton, Town of East Hampton, end the Suffolk County Planning Department, and the Long Island State Parks Commission. Also, I have a filed amended notice"that it is the intention of the undersigned to petition the Town Board, Town of Southold~ to request a change of zone. The petitioner is Irving L. Price, Jr." This was sent to Jacob W. Tyler and Wilbelmina & others at Private Road, Greenport, and also Scott Alexander and Harriet J. Alexander, 286 Ivy Agenue, Westbury, New York. Proof has been published on the Town Clerk's Bulletin Board signed by Judith T. Terry. SUPERVISOR MARTOCCHIA: Thank you very much, Mr. Drum. You have heard Councilman Drum read the legal notice of the applicants~ request for a change of zone from "A-R Agricultural Residential" to "C-Light Industrial." Also the proof of publication in the two local papers, namely, the Suffolk Weekly Times and the Long Island Traveler Watchman. Also notice to the neighboring communities as were noted in the legal, and also the posting of the same on the Town Clerk's Bulletin Board. At this point in time, I will entertain anyone who wishes to speak for the applicant on this matter. IRVING L. PRICE, JR., ESQ.: Mr. Supervisor, Members of the Town Board. My name is Irving L. Price, Jr. I'm an attorney with offices at 828 Front Street, Greenport. Tonight I represent the Landlords, James Homart and Ar- mando Cappa, since the lease with the Southold Resins, the original appli- cant back in 1974 has been abrogated, the Landlords wish to continue the original application they joined in; therefore they are the surviving ap- plicants. I have passed out maps of the premises in this petition, and I have furnished the Clerk with an affidavit of James I. Monsell which was part of the evidence in the motion for summary judgment in the matter of Alexander Scott and others against Southold Resins, Village of Greenport, Suffolk County Planning Cou~nission and the State of New York, in the Supreme Court of the State of New York, Index ~74-17619. First, I would like to make a statement. If you will look at the maps you will see in the north~est corner premises in the form of a triangle~ which indiuate they were brought or transferred into Cappa and Mr. Homan in 1976. These premises are not at issue; they are not part of the application. The application is zoning the part that Homan and Cappa took title to in 1968 and which they o~ned in 1971 when the zoning wasn't asked to be changed went into effect in 1974 when the application was made for the change of zone. These premises are in my opinion unique. There are only two rather similar parcels in the Town of Southold as far as I can determine. And they have their differences. There is a piece of property over on Mauhan- set Avenue known as the Pierce Yacht Basin which is partly in the Town of Southold and partly in the Village of Greenport. There most of it is in the Village of Greenport~ I mean most of it is in the Town of Southold, excuse me; and the lesser part is in the Village of Greenport. There are no buildings involved; it is vacant property. Both the Town of Southold and the Village of Greenport premises are zoned roughly the same way, comparable way~ and are used for marina and shipyard. The other similar premises is that of Stirling Harbor Shipyard Marina, part of which is in the Town of Southold and part of which is in the Village of Greenport. There buildings are involved~ but the Village line goes between the pool and the restaurant and the offices, and only bisects the gas dock. Both the Village of Greenport portion and the Town of Southold portion are zoned the same as Pierce Yacht Basin for use as marina. The subject premises are located partly in the Village of Greenport and partly in the Town of Southold;where it differs from the other two parcels is that the border between the Village and the Town as sho~n on map of Van- Tuyl bisects or goes through the Villag% excuse me, goes through the building North and South. It also goes through the building East and West. There is no access by water in the Village. There is no access by land in the Town. The part in the Village is now zoned Industrial;the part in the Town is now zoned Residential. The premises have a 6-foot contour as shown by a map of Van Tuyl of the official Villag% map of Van Tuyl. The Suffolk County Public Works publication shows that the Greenport Har- bors have a high tide of 9.7 feet. This means that at real high tide, these premises are 3.7 feet under the water. I submit that it is imprac- ticable to allow residential use of this property when it is subject to floods. It is also unique in that the only other Light-Industrial zoned parcels in this vicinity are in the Village of Greenport which is one which is Village property on Moore's Lane and the other is the Railroad right-of-way. Als% these premises are unique in that they were zoned Industrial by the Town and by the Village in prior zoning ordinances before changing in 1971. Now is the history of the premises: These premises were used for commercial purposes and have been used for cormnercial purposes for almost 100 years, with the buildings and the improvements in substantially the same form. They were used for many years by oystermen~ probably the most obvious owner was J & J Elsworth~ who used it as an oystershop and stored large piles of shells on a parti- cular part of the premises located in the Town. The premises are shown 4 on the Sandborn map of 1909, Sandborn of 1917, both of the Village, as oystershops~ and the outline of the buildings are the same as the outline of the buildings on the map before you. As I have said, this was zoned Industrial by the Village in 1949, when the first zoning ordinance was passed; and zoned Industrial by the Town of Southold when the zoning or- dinance in 1954 was adopted. It wes zoned Residential by the Village in 1971 when the Village re-zoned. A petition was brought by the Tenant and the Landlords in 1974 for a change of zone in the Village, and it was changed to Light-Industrial. It developed in that proceeding when these premises had been placed Residential by the Village in 1971 after the survey by the planners, Raymond Mais, who prepared a joint survey with the Town to marine commercial, and then changed to waterfront com- mercial. But it was changed by the Village upon its adoption to resi- dential. And testimony at the public hearing of the Village for adop- tion of re-zoning in 1974 indicates that it was placed in R-1 by the Village as the Planning Board felt that in that manner it could have a measure of control over what type of business went into the premises. I have been unable to find any record of the Town's reasoning for placing it in R-Residential and changing it from zoning in 1974 when the Town re-zoned it. It could have been overlooked. An instance of that as you know was in New Suffolk when part of an oysterplant was made Industrial and part Residential. In that instance it~ mybelief that it was changed by the Board on its own motion to correct the oversight. It is the position and prayer of the Petitioners that the premises located in the Town of Southold be changed from Residential-Agricultural to Light-Industry and we believe the present owners in the present hydrate zoning are not justified in spending unnecessary money to maintain the premises. You have to have uniform zoning to justify maintenance, and we believe while this proceeding is entitled a change of zone, I believe a more proper description would be restoration of proper zone. I thank you for your indulgence and I would like to reserve the right to answer any objections that might be raised with reference to the premises. SUPERVISOR MARTOCCHIA: Thank you very much, Mr. Price. Is there anyone else that wishes to speak in behalf of this application's being approved? Hearing none in that direction, I will entertain who wishes to speak in opposition, and as you stand give your name to the steno, and we will be happy to listen to your comments. DOUGLAS K. McNALLY: My name is Douglas K. b~Nally, and I'm asso- ciated with the Law Firm of Cahn~ Cahn & Newfeld with offices at 196 East Main Street, Huntington, New York. We represent the Cove Circle Associa- tion, Inc.~ which is comprised of property owners of land adjacent to the proposed change. I have submitted to the Town Clerk protest letters signed on behalf of the Association by the Vice President, also signed by th~.Law Firm on behalf of the Association~ and signed by Mr. Scott and his wife, who own parcels of land within 100 feet of the proposed change and are members of the Association. Before I address the proposal, I would like to respond to certain comments made by Mr. Price. First of all, I believe that every parcel of lfnd is unique. The property owned by my clients is also uniquej and therefore it does deserve consideration. The portion of the property that is within the Village of Greenport is presently and has been involved in litigation since 1974. This afternoon I was at the Suffolk County Clerk's Office, and I examined the file and there is yet to be a decision rendered in that case. It was an Article 78 Proceeding challenging a change of zone, and as I said was yet to get a decision on it. As to the history reviewed of the property, I would res- pond by saying we're not talking about 100 years ago. We're talking about today. The needs and plans of the Town of Southold as they presently exist, or what is at issue right now. The Town is much different than it was when that property was being used as for Industry. And the Town's comprehensive zoning plan reflects those different needs. As to the record as to the Town's reason for zoning this property Residential, I'm sorry, as to the reason for the Town's, as for the Town's reason for zoning this property Residential, that reason can be found within the Town's comprehensive zoning plan. It's obvious when examining that plan that the piece of property involved was zoned Residential because this Board, this Town felt that it was within the general welfare of the Town to settle zoning. And before I go on to other issues which really con- cern the merits of the proposal, there are certain procedural issues which I would like to address. The petition was originally filed in 1974. Southold Resins, Inc. was the petitioner. Southold Resins no longer has any interests in the proper- ty. That's evidence by Mr. Price's letter of December 14, 1978, letter to the To~n Clerk. The original petition must therefore be considered either withdrawn or a nullity. There has been no amendment of the original petition~ nor has there been submitted any additional petition. Who then is the petitioner? It's clear that this proposal is not on the Town Board's own motion. That is revealed in the Town Clerk's letter to the Suffolk County Department of Planning which is dated January 3, 1979. If Southold Resins is out, then who is advocating the chang% and what is the purpose of the change? What is to be done with this land? I think that the Board should find out the specific proposal involved before they consider this application. I'm not sure what Mr. Price meant by the terms surviving applicants. I don't think that the Landlords of this property can come in and just take over this application without submit- ting a verified petition. Another procedural point: my examination of the Town Clerk's file does not reveal any attempt to comply with the State Environmental Quality Review Act~ which is found in Article 8 of the Environmental Conservation Law. The Attorney General of the State of New York in Opinion rendered in May of 1978 has advised that the enact- ment of ~ new zoning ordinance by a Town Board requires an Environmental Impact Statement. Such a statement is very important for the location of a manufacturing plant on this waterfront property would endanger the fragil environment, the Town's fishing and recreation industries are so dependent on. Until these environmental questions are properly examined, no further action should be taken. Issues such as the impact on the air 6 quality or water quality as raised in the North Fork Environmental Council's letter of July 30th which is within the record, must be dealt with. Moreover, before a decision is rendered~ it must be first established who is the petitioner and for what specific purpose this change of zone is requested. Now as to the merits: we believe that the proposed change should be denied for the following reasons: It is contrary to the general welfare of the citizens of the Town of Southold and solely for the benefit of individual owners of the parcel involved. The surrounding area is a residential community to destruct the nature of this residential community by carving out a special zone for industrial use is contrary to the plan of development of this Town~ which this Board has seen fit to incorporate in its development or master plan. There has been no showing why or how the proposed change would serve the general welfare of the citizens of the Town of Southold. Ail of the argu- ments in favor of the changes concerns the interests of the owners of the property, but no discussion about how this change of zone would benefit the surrounding community, or how it would foster implementation of the master plan. Zoning changes must be rational. They must be consistent with the basic land-use policies of the Town. We submit the proposed change is not. The basic land-use policies of the Town of Southold are incor- porated in its master or development plan, and proposed change is clearly contrary to that plan. The plan very eloquently advocates the necessity for plan growth in rational development. It coherently expresses the need to protect our fragil environment. I do not believe that the elected repre- sentatives of the people of Southold who invested so much of themselves in that plan would so readily disregard it. It is obvious that the proposed change is contrary to the plan of development. For example~ in Section 100-10 of the Zoning Code, "the purposes of the Town's comprehensive plan is set forth, and I quote, "Said plan is adopted for the purpose as set forth in Article 16 of the Town Law which in the interests of protection and promotion of public health, safety and welfare shall be deemed to specifically include the following among others. C. The provisions of privacy for families, the prevention and reduction of traffic conjestion so as to promote efficient and safe circulation of vehicles and pedestrians, the maximum protection of residential areas, the gradual elimination of nonconforming uses, the enhancement of the appearance of the Town of Southold as a whole~ and the fostering and protection of agriculture and fisheries. The proposed change will not foster those purposes. Rather it is directly contrary to them. The Townts comprehensive plan was developed after much study and consultation. One conclusion apparently shared by all who were involved was the importance of preserving the Town's recrea- tion and fishing industry. It is suggested in the plan that these indus- tries offer more to the Town than manufacturing or other industries, thus it says on Page 7 of the Development Plan, it is stated, "We find for in- stance that a 20% increase in seasonal people would have more impact upon returns to permanent residents than doubling manufacture. As expansion in fishing would be more beneficial than expansion in manufacture." Why then, if the Plan recognizes that encouraging the fishing and recreation indus- tries are more beneficial to the general welfare and least destructive to the environment is this waterfront area being considered for manufacturing~ It is not that the comprehensive plan makes no provision for industry on the contrary. On page 22 of the plan it is stated, "industry should not be taken as a cure all for municipal ills." In certain locations industry may put a demand on municipal services such as highways, utilities~ and police and fire protection. Thus drastically lowering the revenue-producing advan- tage to the co~nunity. Industrial sites therefore should be located where they require in minimum of highway improvements, and no more than a reason- able extension of utilities. It is proposed that a series of sites for industrial development be established along areas served by State Route 25 and County Route 27. These sites would provide approximately 600 acres of land giving prospective industry to the number of logical or locational choices. The proposed sites shown on the development plan map includes a relatively level land west of Mattituck central area between Routes 25 and 27A. The land west of the Village of Greenport between Long Island Rail- road and Route 25 and a site at the intersection of Aldrich Lane and Route 27 which is i~m~ediately adjoining a proposed industrial park and Salt Water Plan in the Town of Riverhead. Thus it is clear that there is sufficient land set aside for indus- try in areas that would not disrupt or conflict with those areas set aside for residential development. At Appendix A of the plan, it is stated that industrial development should be well separated from residential development. But convenient to transportation routes. The proposed amendment would place industry right smack in the middle of a residential development~ it would place industry about as far from the major transportation routes as one could be in the Town of Southold. Therefore, I suggest that only one con- clusion can be drawn from the proposed change. That is, that the change is contrary to the Town's master plan; and therefore not in furtherance of the general welfare of the citizens of the Town of Southold. I also sug- gest that the re-zoning would constitute spot-zoning~ and therefore would be illegal. I also suggest that the re-zoning would constitute spot-zoning and therefore would be illegal. The reasons the Suffolk County Department of Planning disapproved the change should be weighed heavily. Their reasons are also within the record. The application should be considered in light of those reasons. No argument has been altered why or how the proposed change would benefit the general welfare. Nor has there been any evidence of how the change would further the implementation of the Town's comprehen- sive plan. Until such reasons are articulated and until the Board makes specific findings to that effect I submit that the proposed change must be denied. One further point, and perhaps the most important point: o~nership of part of the land affected is in question. My clients have a deed to the triangular portion referred to by Mr. Price, apparently so does his clients. Until this issue is settled~ I suggest that the Board either deny the peti- tion or withholds any action. Thank you very much. 8 ALEXANDER SCOTT: This thing that Mr. Price sent in is all screwed up. The petition says "Harriet Alexander". It is Alexander Scott. Harriet Scott. I live next door to where Mr. Homan and Mr. Cappa want to build this marina or whatever, nobody has told us yet. And Mr. Price says there is no access to this piece of ground from Greenport. The creek comes in there through Pipes Cove and there is access in the water. He says it's impractical for a house because it's going to be three foot underwater whenever we have a storm. It's impractical for a house, it certainly has to be impractical for whatever he is going to put in there. Because if he's going to put a plant in there and it's three foot under- water~ I don't know what the hell you'd do with the machinery. It doesn't make any sense. When this land was bought, it was bought as a residential because this is the way the Village set it up. I don~t know what the To~ set it up because when I bought it for all I knew, for this piece of ground, I mean the piece that I bought next to this piece of ground, I knew it was residential and I say to myself, "hey. I've got a nice little piece of ground here. Here's a piece residential, I hope somebody~s gonna put a nice house. All of a sudden a couple of guys come along and now they want to put up a plant there. Right now they are shipbuilding there. There's a guy building a 60-foot trawler. I don't know how the Town let the guy build the trailer there. I thought you people were supposed to be protecting us, but in evidence~ there's a guy build- ing a 60-foot trawler there. SUPERVISOR b~ARTOCCHIA: I don~t believe it's on Town property. ~. SCOTT: It is on the Town property. SUPERVISOR MARTOCCHIA: The Town side? MR. SCOTT: Yes~ it is on the Town side. The fantail is sticking over on the Town side. But in any event nobody~s making a squawk. There's a nice young man building the boat, fine. But it is still a shipbuilding operation and it is, like I said, the fantail of the boat is sticking over into Southold Town, and I believe that I'm a taxpayer and you guys~ all of you, you're sup- posed to be protecting us. My deed says~ ney, man, I~ve got a piece of ground here that I'm entitled to use for recreation purposes. And you guys have a guy building a ship there. Sorry my words are a little scratchy, but I'm a little upset. The Suffolk Planning Board in 1974, and I have a letter, I'm sorry I didn't bring it but I'm sure you must have it that says, hey~ no way, this thing shouldn't be! The Suffolk Planning Commission. The people that you are supposed to be working with. They said this is a bad deal. But you disregarded this. Now, it doesn't make any difference to me why you did, but you did say, no, the Suffolk Planning Cor~aission was wrong. Ail right, maybe they were. But my point is, you're here, I think as elected officials to protect not just me, but the 16 of us that are in this little tiny con~aunity there. You're not here to protect Mr. Homan and Mr. Cappa. Not just those two guys. You are here to protect us~ and I'm hoping, I'm just hoping. It's a hell of a big hope. But I~m hoping you are going to protect us. Thank you. SUPERVISOR MARTOCCHIA: Thank you very much~ Mr. Scott. Is there anyone else who wishes to speak on this matter in opposition? I would like to make a cormment. I don't think you can show us for the record where we went against the County Planning Commission because we offered no decision. MR. SCOTT: You did~ I'm sorry. I don't have the letter here. SUPERVISOR MARTOCCHIA: We gave no decision on that application. Mr. Taskerr_ 9 ~. SCOTT: In fact your words were, "the hell with what the Suffolk Planning Commission said." You were going to go ahead and do it, but then you held off until a law suit with the Village went through. SUPERVISOR MARTOCCHIA: We haven't made a decision on that case. No, ok, then I'm wrong. No decision has been made yet. Greenport. No, this is the Town of Southold. I'm sorry, Mr. Martocchia. MR. SCOTT: MR. TASKER: MR. SCOTT: MR. TASKER: talking 1974. Oh~ I'm sorry. I'm SUPERVISOR MARTOCCHIA: We didn't make a decision on that either. SCOTT: In 1974 you did. You held it in abeyance. SUPERVISOR MARTOCCHIA: But no decision was made. MR. SCOTT: Sorry. SUPERVISOR MARTOCCHIA: Is there anyone else? MR. SCOTT: I'm sorry. I do get a little upset. SUPERVISOR MARTOCCHIA: N% it's all right. That's what we're here fort to hear it out. Are there any others in opposition? If not, there's opportunity for a rebuttal. IRVING PRICE, JR.: In answer to Mr. Scott's presentation, and what I would like to point out that when these premises were bought by Mr. Cappa and Mr. Homan~ they were zoned industrial. They bought it in 1968 and was changed by the Town or the Village in 1971, and as far as the pro- visions in the Master Plan of the Tow"n, recommendations for industry, I would like to point out that what it had been used for for 96 years was a large part of the fishing so-called industry business, profession, whatever you want to call it, in Southold Town and the Village of Greenport; and at the use that we're asking it to be re-zoned to is the only zoning use that permits an oyster processing and fishing and fish-landing~ and as far as the provisions for transportation, all the utilities are already there and hooked up~ including sewer~ electricity and water. There's no spoilage into the waters of Greenport Harbor. There will be no expansion necessary as far as transportation is concerned~ there will be no extension of the road. As far as the use of it is concerned, it will be used for whatever the zoning or- dinance use provisions provide, and that's subject to another application for a special exception, and not automatic usage. We still have a little further to go. And the Village streets of Greenport by which access is gotten 10 on land is only about 7 or 8 blocks from the Long Island Railroad freight area, therefore transportation is much more convenient in this location than in some of the places that were suggested in the Comprehensive Plan. Thank you very much. MR. SCOTT: Do I get a shot back? SUPERVISOR ~t~RTOCCHIA: Well, I am looking at your attorney first. b~. PRICE: Then I would still like a last word. This is sort of- SUPERVISOR MARTOCCHIA: We will hear you, that is what we are here for. DOUGLAS Ko McNALLY: If my associate Mr. Scott will allow me to speak first -- One point as to the use: that is the point. We don~t know what this property is going to be used for. There is some mention of a resin manufacturer. Now if that's ~hat they are going to do, I submit that that is going to cause a- lot of problems with the air and the water in this To~n. I think we would have to know what's going to be done with this property before a decision is made. Thank you. SUPERVISOR PtglRTOCCHIA: I would like to comment on that by saying that hypothetically~ if the thing was resolved in their favor, he would be allowed to do anything that's allotted unde~ the C-Light Indastrial Zoning. That's in the code. Is there anyone else? MR. SCOTT: Light industry, as Mr. Price said, he~s talking about fisheries, little roads with grade around it - that's fantastic. That's why we want to leave it that way. But unfortunately, light industry opens a whole can or worms. In the Town Ordinance, or whatever the hell it is~ we call it Town Ordinance. light industry doesn't restrict it to whatever you say, resins. Resin~ are dead. Mr. Van Taggart -- he~s gone. He went busted long ago. Now we're talking slot of different things that coold go into this damn light industry. We're talking anything from shore depots, ferries~ seaplane bases~ we're talking building almost anything that's allowed in light industry in the Town here. We have a little, tiny beach along side here. We~ve got two guys that want to build God knows what. I don~t know what the hell they want to build. And nobody has told us yet what they want to do with this damn- all they want to say is hey we want light industry. What do you want it for? Tell us what you want this light industry for! Yes,you want to make for money, this we know. You want to make a buck. Oh fine, this is great, I want to make a buck. You want to make a buck~ we all want to make a buck. But yo~ tell me how you are going to hurt me and all my neighbors, and all my neighbors in Greenport, and all my neighbors in Southold - the whole damn Town of Southold. I want to know what these two guys are going to do in the piece of ground to make a buck that's going to hurt us. That's what I want to know. And I want to know why one! tw% three, all you guys ap there are going to tell me, hey, friend, this is why we are giving it to them, because we want him to make a buck. Well we want to hurt you people, we don~t want to hurt you people. I want to know what the answers are. I want to know what yoar reasoning is, and I1 say hey, Al, this is why it's good for the Town, to give these two guys this little piece of ground. A little lousy, three-quarters of an acre. I don~t know what it is. It measures about three-quarters of an acr% maybe an acre. I want to know what it's going to benefit in the Town. Never mind all the fancy attorneys her% with all the bologna talking about this and this, measures here, measures there. I want to know what you are going to do to protect us bunch of people here. That's what I want to know. Never mind these two guys. Then you decide whether, what the hell you're going to do with that piece of ground is right or wrong~ to the rest of us. Never mind those guys' making a couple of bucks. SUPERVISOR bt~RTOCCHIA: I would like to ask you a question. Do you dis- agree that if an applicant wants to come before us for a hearing for a change of zone, we should say "n% you cantt come before the Board?" ~. SCOTT: N% No, I wouldn't. How could you do that? I want you to listen to me, too. SUPERVISOR MARTOCCHIA: This application before us wants to be heard out. We have to make alot of deliberation on this. MR. SCOTT: Concerned decisions. That's all I ask. SUPERVISOR MARTOCCHIA: I'm glad you agree that they're entitled to have a hearing. MR. SCOTT: Yes, sir. Definitely. SUPERVISOR MARTOCCHIA: We listen to all the input of our people who we are very happy to hear from. MR. SCOTT: I just want to say I thank you for giving me my shot. SUPERVISOR MARTOCCHIA: You can give more. MR. SCOTT: No, no. SUPERVISOR MARTOCCHIA: Are there any others who wish to be heard on this particular hearing before we go back to more rebuttals? JAMES OLSEN: My name is James Olsen~ 133 Sixth Street, Greenport. I have been a resident of the adjacent piece of property for the last nine years, and I have watched the property because it is next door to it. During the course of time that this property had been considered residential property~ we've had a turnover population of the Greenport side~ that about only one out of the six properties on the east side of Sixth Street on the first block~ north of the park, belong to a person that was there pri~ to 1970. On my side, two out of the three. Going over to 5th Street~ the adjacent piece, the back part property of Sixth Street east side, the first four homes have all turned over. The people have come into this area knowing this was a resi- 12 dential area and knowing across the street from this piece of property that's being considered, that it had already been changed in the Greenport area, is a park, the only park from the Village. You're talking about light industry with the transportation problems and everything else--you are affecting the recreational benefit the Village has created by putting the park across the street. So I'm saying that with the wisdom that had been sho~n, and not the challenge when originally changed by this same owner of the property was very aware of what the zoning did to the property. I have to question why the latent action on the part of the property owner~ not that he had picked up the suit. It is a very late action. If he recognized the property was residential, than it should be automatically or upon appeal to change back is questionable that he should be granted, that it should be granted. As far as the nine-foot tines go, having my car which has been underwater up to the steering wheel, I will vouch for. It comes up to about the trees, even to the house where I am. I don't mind walking through 2-1/2 to 3-foot waters. The buildings that have been called improvements upon this property have been in business for many years before the present owner. It is only one decent, one portion of that building that's considered sound, and that's built up with a piece 4-1/2 5-feet above ground level, above water. The rest of it is quite dry and if you called the fire department, they might even light a match to it. It is a concoction that buildings, that cannot be safeguarded in its present form. For any improvements made with the change of zoning would definitely have to be construction and this has to do nothing but alter the shoreline, the waterfront that we look upon. It is ail residential down the beach to the west side-the east side of ~he park, and have had conversions of light industry to a restaurant~ on the only other piece of property that would be considered on this shoreline, and it ends up by Fourth Street, near Mr. Price is another piece of industrial property. But this was challenged in Greenport, and the same point was brought up upon this. The idea of park-. I mean the Govern- ment in the Village of Greenport, there's no question about, how do you approach what they consider the benefit of their residents. But these people have been coming into this area buying their homes based upon a residential zoning on all the property down there. Speaking for myself I have been trying to buy the home for the last five years, but I definitely would not buy if this petition was granted. Thank you. SUPERVISOR ~La_RTOCCHIA~ Is there anyone else? b~. LOOMIS: My name is Mrs. Muriel Loomis. Mr. Price said that it had been used as an oyster factory~ and of course, it had been. But times have changed. I live in the old Ellsworth house, ~hich was the only house that was in that area. Now there are a great many houses and are housed all the way do~n to the beach with families and small children, and I also used to live in the Village and there's the Village Beach on the other side; so when light industrial comes in, it is just one little house with ail those now down the street. And all the children use the beach; and our own child- ren also would like to be able to swim on our part of the beach without light industry. SUPERVISOR b[ARTOCCHIA: Thank you. Is there anyone else? Is there anyone else to oppose? Has everyone had the opportunity to make comments 13 into this hearing that wishes to be heard? (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none, I will call this hearing to a close and the Board will make a determination at the proper time. Thank you all for participating, The hearing was declared closed at 8:30 PoM, Respectfully submitted, Linda F, Kowalski 14 JUDITIt T. TERRY - TOWN CLERK OFEICE OF TOW~CLkRK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. 1., N. Y. I 1971 TELEPHONE (516) 765-1 g0l February 2, 1979 Douglas K. McNally, Esq. Cahn, Cahn and Neufeld, 196 East Main Street Dear Mr. McNally: Enclosed is the document and map requested by you re: Southold Resins. The cost is $2.50. Very truly yours, Judith T. Terry Town C~erk Q~AHN. C3.~.HN AND NEUFELD, P.G. January 31, 1979 Judith T. Terry, Town Clerk Town of Southold Southold, New York 11971 Re: Application for Zone Change Southold Resins, Inc. (Cappa and Homan) Dear Ms. Terry: As we advised in our letter of January 23, we represent the Cove Circle Association, Inc., and Alexander and Harriet Scott in connection with their opposition to the above-referenced application. 1978 The Town Board reserved decision after the public hearing held on January 23, 1978. When the Board renders its decision, I request that I receive a copy of the same_ I have enclosed a return envelope for your convenience_ At the public hearing, the applicants' attorney Mr. Price, presented to each Board member a copy of a map and an affidavit previously submitted in connection with the litigation over that portion of the property which is located in the Village of Greenport. I would appreciate it if you would forward me a copy of that map and of the affidavit. If there is any expense involved, please submit your statement and I will immediately remit the same. Very truly yours, DKH:bjk Enc. CAHN, CAHN and NEUFELD, P_C Douglas K. l'lc~Nill~ cc: Irving L. Price, Jr. January 23, 1979 Tov~ Board Town of $outhold Main Road Southold, New York 11971 Gentlemen: Southold Resins Inc. has petitioned this Board for a change, modification or amendment of the zoning ordinance of the To-~rn of Southold by changing from A-Residential and Agricultural District to Light Industrial District the property described in the annexed Notice of Hearing on Proposal to ;~end Zoning Ordinance. We, the undersigned, are owners of property, whose land lies immediately adjacent to and within 100 feet from the area of the land included in the proposed change. property, of zone. Pursuant to Town Law, § 265 we, as owners of do hereby protest against and oppose the change Very truly yours, /~ , 'Alexander Scott Harriet Scott LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE 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 at the Southold Town Hall, Main Road, Southold, New !York, in said Town on the 23rd day of January, 1979, at 7:30 P.M. ~on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Towm of Southold, iSuffolk County, New York. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Southold Resins, Inc. situated at Greenport, Town of Southold, Suffolk County, New I'York, and more p~rticularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and bounded and described as follows: BEGINNING at a Doint on the ordinary high water mark of ,Pipes Cove, d~stant on a course North 46© 30' 00" West 355.53 llfeet from the southwesterly corner of land now or formerly of iHarvey (said point being the southerly point of upland conveyed !by the J. & J. W. Elsworth Company to Franklin C. Ashby by a deed Idated January 3, 1956 and recorded January 9, 1956 in the Suffolk · County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a point marking · of Greenhalgh, 62° 41' the southewesterly corner of land THENCE along the southerly line of land of Greenhalgh South 20" East 165.19 feet to a concrete monument set on the ' Page 2 - Legal Notice - Southold Resins, Inc. westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the north%¢esterly line of said land now or formerly of Harvey, South 29© 5' 40" West 86.08 feet more or less to the ordinary high water [,ark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes ' iCove in a general northwesterly direct to the point or place of beginning, the last course being described by a tie line only as North 46° 30' 00" West 355.53 feet, to the point or place of BEGINNING. PARCEL B: All that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, ,situate, lying and being at Greenport, in the Town of Southold, :County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46© 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said ~point being the southerly point of upland conveyed by J. & J. W. ]Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in~e Suffolk County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly dorect to land now or formerly Harvey, i!South 46° a distance measured by a tie 30' 00" East of 355.53 feet; line only on a course, RUNNING THENCE into the waters of Pipes to said ordinary Cove at right angles high water mark in a southwesterly direction a Page 3 - Leg ~ Notice - Southold Kesin~ Inc. !distance of 100.00 feet; THENCE North 46© 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed Iiby J. & J. W. Elsworth Company to Franklin C. .Ashby in the deed t aforesaid, THENCE North 33° 43' i place of BEGINNING. BEING AND INTENDED TO BE the same premises 20" East about 106 feet to the point or AN_MANDO CAPPA and Landlords January 8 Ii at Liber 6294, page 370. Except±rig therefrom in the corporate limits JAMES F. HOMAN, 1968 and recorded in the Suffolk County Clerk's conueyed to the by Deed, dated Office such of described premises as are of the Village of Greenport. located Any person desiring to be heard on the above proposed amend- ment should appear at the time and place so specified. DATED: December 26, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JAN-gARY 11, 1979, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD NEW YORK. Copies mailed to the following on December 27, 1978: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Irving L. Price, Jr. Village Village Town of Town of Town of Town of Suffolk State of Greenport of Dering Harbor Shelter Island Riverhead Southampton East Hampton County Planning Department Park Commission C~AHN, CAHN AND NEUFE]LD, P.G. 19~o EAST MAIN STREET POST OFFICE BOX 680 HUNTINGTON, NEW YORK 11743 January 23, 1979 Town Board Town of Southold Main Road Southold, New York 11971 Gentlemen: Southold Resins Inc. has petitioned the Tovm Board for a change, modification or amendment of the zoning ordinance of the Tov~ of Southold by changing from A-Residential and Agricultrual District to Light Industrial District the property described in the annexed Notice of Hearing on Proposal to Amend Zoning Ordinance. We represent Cove Circle Association, Inc. The corporation is an association of 1~ property owners in the residential development adjacent to the property sought to be rezoned. The corporation o~ms a parcel of land known as the "Community Beach"j which land lies immediately adjacent to and within 100 feet from the area of the land included in such proposed change. In addition, we represent Alexander and Harriet Scott, who are members of the corporation and owners of land which lies immediately adjacent to and within 100 feet from the area of the land included in the proposed change_ Pursuant to Town Law, § 265 we, as attorneys for the association and Hr. and l%rs. Scott, do hereby protest against and oppose the change of zone. Very truly yours, DKM:bjk Enc. CAHN, ~AH:~ and NEUFELD, Douglas K. ~{c Nall~a LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section the Building Zone County, New York, Town Board at IYork, in said 265 of the Town Law and requirements of Ordinance of the Town of Southold, Suffolk public hearing will be held by the Southold the Southold Town Hall, Main Road, Southold, New Town on the 23rd day of January, 1979, at 7:30 P.M. Inc. I.York, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Southold Resins, situated at Greenport, Town of Southold, Suffolk County, New and more particularly bounded and described as follows: ALL that certain tract or parcel of land, with PARCEL A: the buildings and improvements being at Greenport, in the Town and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. dated January 3, County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a · of Greenhalgh, THENCE 62© 41' 20" thereon erected, situate, lying and of Southold, County of Suffolk, point marking the southewesterly corner of land along the southerly line of land of Greenhalgh South East 165.19 feet to a concrete monument set on the Elsworth Company to Franklin C. Ashby by a deed 1956 and recorded January 9, 1956 in the Suffolk Page 2 - Legal No~ice - Sou~hold Resins, Inc. westerly line of Sixth Street: THENCE along the westerly line of Sixth Street, South 7© 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the north~esterly line of said land now or iformerly of Harvey, South 29° 5' 40" West 86.08 feet more or less ito the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes' iCove in a general northwesterly direct to the point or place of beginning, the last course being described by a tie line only as North 46° 30' 00" West 355.53 feet, to the point or place of BEGINNING. PARCEL B: All that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, I:to§ether with the structures, improvements and buildings thereon, :situate, lying and being at Greenport, in the Town of Southold, :County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46© 30' 00" West 355.53 feet from ilthe southwesterly corner of land now or formerly of Harvey (said '~ilpoint being the southerly point of upland conveyed by J. & J. W. llElsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's :lOffice in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly dorect to land now or formerly .of Harvey, a distance measured by a tie line only on a course, "South 46© 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a Page 3 - Legg- Notice Southold Resins !nc. distance of 100.00 feet: THENCE North 46© 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Rshby in the deed aforesaid; THENCE North i place of BEGINNING. BEING AND INTENDED TO BE the i' Landlords, !!January 8, !'fat Liber 6294, Excepting 33© 43' 20" East about 106 feet to the point or ARMANDO CAPPA and 1968 and recorded in the Suffolk County Clerk's page 370. therefrom such of. described premises as are in the corporate limits of the Village of Greenport. Any person desiring to be heard on the above proposed ~.ment should appear at the time and place so specified. ~.DhTED: DecemDer 26, lg78 BY ORDER OF THE SOUTHOLD TOWN BOARD same premises conveyed to the JAMES F. HOMAN, by Deed, dated Office located amend- JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 11, 1979, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JI3DITH T. TERRY, T£,~N CLERK, MAIN ROAD, SOUTHOLD NEW YOKK. Copies mailed to the following on December 27, 1978: The Long Island Travele~r-Mattituck Watchman The Suffolk Weekly Times Irving L. Price, Jr. Village Village Town of Town of Town of Town of Suffolk State of Greenport of Dering Harbor Shelter Island Riverhead Southampton East Hampton County Planning Department Park Commission January 23, 1979 Town Board Town of $outhold Main Road Southold, New York 11971 Gentlemen: Southold Resins Inc. has petitioned this Board for a change, modification or amendment of the zoning ordinance of the Town of Southold by changing from A-Residential and Agricultural District to Light Industrial District the property described in the annexed Notice of Hearing on Proposal to Amend Zoning Ordinance. The members of Cove Circle Association, Inc. own a parcel of land known as the "Con~nunity Beach". This land is immediately adjacent to and within 100 feet from the area of the land included in the proposed change. Pursuant to Town Law, § 265, the corporation and its members do hereby protest against and oppose the change of zone. Very truly yours, COVE CIRCLE ASSOCIATION, INC. By: Cynthia Pirillo Vice President LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE 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 at the Southold Town Hall, Main Road, Southold, New York, in said Town on the 23rd day of January, 1979, at 7:30 P.M. on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, iSuffolk County, New York. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Southold Resins, 'Inc. situated at Greenport, Town of Southold, Suffolk County, New and more particularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, the buildings and improvements thereon erected, situate, being at Greenport, in and State of New York, with lying the Town of Southold, County of Suffolk, and bounded and described as follows: and BEGINNING at a point on the ordinary high water mark of PLpes Cove, distant on a course North 46© 30' 00" West 355.53 I feet from the southwesterly corner of land now or formerly of .Harvey (said point being the southerly point of upland conveyed 'by the J. & J. dated January County Clerk's RUNNING THENCE along land of Ashby North 64© 15' 30" East 183.37 feet to a point marking the southewesterly corner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 62© 41' 20" East 165.19 feet to a concrete monument set on the W. Elsworth Company to Franklin C. Ashby by a deed 3, 1956 and recorded Januarf 9, 1956 in the Suffolk Office in Liber 4051 Cp 225 and Page 2 - Lega~ NoTice Southotd Resins, Inc. westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the north%;esterly line of said land now or formerly of Harvey, South 29° 5' 40" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes' Cove in a general northwesterly direct to the point or place of beginning, the last course being described by a tie line only as West 355.53 feet, to the point or place of North 46© 30' 00" BEGINNING. PARCEL B: formerly under Ail the ordinary high water mark of together with the structures, improvements and that certain tract or parcel of land now or Pipes Cove, buildings thereon, situate, County of follows: lying and being at Greenport, in the Town of Southold, Suffolk and State of New York, bounded and described as Cove the southwesterly corner of land now or formerly of Harvey BEGINNING at a point on the ordinary high water mark of Pipes distant on a course North 46© 30' 00" West 355.53 feet from (said point being the southerly point of upland conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, '~ 1956 and recorded January 9, 1956 Office in Liber 4051 Cp 225 and; inRe Suffolk County Clerk's RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly dorect to land now or formerly of Harvey, a distance measured by a tie line only on a course, il South 46© 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles said ordinary high water mark in a southwesterly direction a Page 3 - LegF' Notice - Southold Resins !nc. distance of 100.00 feet; THENCE North 46° 30' the southeasterly line of by J. & J. W. Elsworth Company aforesaid; THENCE North 33° 43' place of BEGINNING. Landlords, January 8, at Liber 6294, Excepting 00" West a distance of about 340 feet to a grant of land under the water conveyed to Franklin C. Ashby in the deed 20" East about 106 feet to the point BEING AND INTENDED TO BE the same premises conveyed to the ARMANDO CAPPA and JAM_ES F. HOMAN, by Deed, dated 1968 and recorded page 370. in the corporate limits of the Any person desiring to be ment should appear at the time DATED: December 26, 1978 or in the Suffolk County Clerk's Office therefrom such of described premises as are located Village of Greenport. heard on the above proposed amend- and place so specified. BY OP~DER OF THE S OUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK JANUARY 11, ]979, AND FORWARD ONE AFFIDAVIT TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD Village Village Town of Town of Town of Town of Suffolk State of Greenport of Dering Harbor Shelter Island Riverhead Southampton East Hampton County Planning Department Park Commission The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Irving L. Price, Jr. Copies mailed to the following on December 27, 1978: PLEASE PUBLISH ONCE, OF PUBLICATION TO JUDITH T. NEW YORK. ST~F~{1,~. C, UhT OF THE STATE (~ NEW AL~I~ ~t3OT'r a~ HARIETT SCOTT; JA~-~ J. PI~OlI ~, ~e~ CY'tTHIA S. PIRII,I,O; ROBERT W. MO0~ ~nd DIAUA L. ~ORE; K~T ~rIOTZ~ and S~RON L. KI,0TZ~; C~RI~ D. ERIGH~ a~ CA~ICE P~intiffs, - against - SOUTH3~ ~glUS, I~.; JAY~ F. and AP3t:{i.~O CAFPA; VII~GE 0F G~E~WORT; S~FOIK COU~f P~NNI[';G CO~,~4~SIOI~; STA~ OF }~.; YORK D~fe~ants STATE OF ~ YORK COU~ OF SUFFOLK AFFIDAVIT !ND~ NO. 74-17619 JA~.~ I. MO[~EII,, being duly sworn, deposes and says: 1. I am a member of the Village of Greenport Planning Board an~ ~ve been a member of said Board since April 7, 1969, and a consultant to Village of Greenport Planning £oard from June 1, 19~ to April 7, 1969. I am also Superinbendent of Utilities of the Village of grccnport. I a~ fully familiar with all of the proceedings relative to the instant court action. I l~ve been familiar with the same since the petition of Southold Resins Inc., dated M~rch l~, 197A ~as first pressured to the Greenport Village Eoard of T]mstees and since its referral by the said Board to the P]anning Poaru. In Fact, I am the member of the P]annin~ Board who pre- pared the report of the Planning Board and the findings recommending the granting of the request. 2. The Report of the Village of Oreenport, P]annin~ Board was duly adopted unanimously by said Boa~ at a meeting of the Planning Board held on May 6, 197A- A photocopy of the minutes of the Planning Board of May 6, 1971~ together with a copy oF the Report sod Fiudtngs is attached hereto as Exhibits 1 and 2. See also minutes of Prior Planning Baird meeting held on April 10, 197L, a photocopy o£ same is attached hereto as E~hibit ~. 3. It Was the unanimous opinion of the Greenport P]anning Board t~at "The property was operated for many years as a successful oyster plant and was zoned "Indu=trial" under the zoning ordinance of 19A9. At the time of the adoption of the Building Zone Ordinance on October 28, 1971, the property was zoned R-I, one family residential, because ~t had laid unoccupied for several years," and further that: "most of the existing buildings are at least 40 years old and no new build- ings are planned, a site Development Plan is not requir~ and Whereas, the property will be put to a pr~ductive use and not be in conflict with the Village Comprehensive Development Plan, adopted in 19T1, and l~Yh~reas, the property is served by the Village Public Water Supply, Village Electric System and the Vi]/ag~ Sanitary Sewer System, there will be no discharge of any spoil to the hay." See Report and Findings of Planning Board Exhibits 1, 2 and 3 attached hereto. A. I have lived and worked in the Village of Greenport 46 2ears and I have been employed 29 years with the Village of Greenport. I am fully -2- familiar with the history of the subject property both from my own obser- vation and knowledge and from my research, conversations with older in- habitants and older members of my family as well as through m~ work and e~perience as a member of the Planning Board of the Village of Hreenport. Hi~toricall~ the subject property has been used for industrial and oommerci~l purposes for appr~imately 90 years and some of the commerc~l buildings thereon have been there for that length of time and not merely 40 years. Actt~ally, the Planning Board in recommending the change from residential to C-G commercial general and the action of the Deard of Trustees in so voting, d~d not £actu.,lly change a thing. The two Boards merely legalized what had always been legal and corrected an errm- made in 1971 in changing the zoning from "Industrial" to Residential. 5. The history of this property from at least the year 18~3 shows that the property has been used for industrial and commercial purposes con- tlnual]y. Captain James ~. Monsell, a well-known pioneer in the oyster in- dustry, was deponent's grandfather. I am the son of Harry M. Monsell who 'zas the son of said James M. Monsell. See copy of article on "A History of Long Island" published by the L~is Publishing Company 19Si, attached hereto as Erhibit Z and copy o£ article o~ "A History of T~o Great Counties, Nassau and Su£fo]k" 19A9 attached hereto as E~hibit 5. C~ptain James .~. ~onsell ~as also a "coaster" (delivering cord wood, stone and other goods at ports along Long Island Sound) ami owned the property (the subject property) on 6th Stree~dur~ng the years of 18~4, 1~85 etc., and was a part o~rner with Ferdinand S. Downs o£ property at the end of 6th Street (the subject property) -3- until 1593. Ferdinand S. Downs along with a ~%r. Parks o~ned the end of 6th Street (the subject property) until 1899 when Mr. Downs owned both the end of 6th Street and the ~est side of S~xth Street which becmme known as the Downs Oyster Company. These r~mes appear on the As:~essment Rol/s of the Village of Greenport at the Village Clerks Office for those years. I have made a search of the said Village Clerk's records going back %o 1~3. ~Je know that commercial business has been conducted at the subject property and the west side of Sixth Street as well since l~B3. Attached hereto are pictures from the Monsell Family Albums sho~ing men at work on the subject property in the year lq85. I respectfully call attention to the lnit~als"J.~.~:' on the oyster baskets representing the name of my grand- father, ,~ames ~.~onse~l aforementioned. See EEhibit 6 attached hereto. The Sanborn Map for the year 1909 for this area, see copy of said map attached hereto as [~hibit 7, shows the subject premises being used by the F. F. Downs ~ster Yac]~ing Plant in 1909. The Sanborn Map for the year 1917, see copy of said map attached hereto as Fzhibit 8, also shows the same usefor this prope~ty as an oyster packing plant and boat basin. It subsequently became the J. & J. W. Elsworth Oyster Plant until a few years ago when the Elsworth Plant went out of lnmsiness and the property was thereafter used for industr~al storage until the presen~ light manufacturing use. In 19.9 the Village of Greenpcrt, adopted a zoning ordinance. in this ordinance the industrial use and nature of the subject property Was conf~rmed and continued. Attached hereto as F~hibit 9 is a copy of the official zoning map of the Village of Creenport of 19A9 which shows the -4- subject property to be ~n an industrial district. It is significant to nots that Article VII o~' the zoning ordinance of the Village of C~reenport adopted in 1949 reads as follows: "y~,T IC LE VII Section 100. Tndustrial District. I - i District The following regulations shall apply to all I - 1 district and shall be subject to the provisions of Section ll, Supplementary Regulations. (A) Uses psrmitted 1. All uses not otherwise prohibited b~ law, except new constructiom for residsnce purposes. 2. Junk yard or automobile ~recking yards, scrap iron, scrap p~psr or rag storage, sorting of baling, provided they are conducted ~ithin a bui~iuE or ~here entirely enclosed with~u a solid bamrd fsncs at 1. east si~ (~) feet high". It should be nobed that under thess zoning ordinances ~hich wets in sffect until October 2~, 1971~ no new construction for residsnce purposes ~as a~lowed on this property since it was zoned industrial. On Octobsr 25, 1971, the Village of Oreenport adopted a new zoning ordinance. Through an error the subjsct property was placed in R-1 residen- tial district. At the time it ~as felt that sincs the Elaworth plant bad ceased activs operation, although all co~ercial buildings wsre still standing and usable, that the Village could best e~ercise control of same by zoning it residential with the thought always in mi~d that it would be zoned for commercial use for an attractive type light manufacturing industry. (In fact, upon information and bslisf this was dons on the advice of the then -5- Vil3age Attorney, George Stankevich, now p~aintiffs' attorney in this action.) lkhibit I0 attached hereto shows the Development Plan ~p pre- ~ared for the Village of Greenport, in June 1967 by Raymond and May As- sociates, Planning Consultants of White Plains, New York. It ~ill be noted from this map that the recommendation of the planning consultants, Raymond & May was that the subject property be zoned "Marine Commercial"' and not residential. In a later proposed zoning map also prepared by the Plar~uing and Urban Renewal consultants, Raymond and May Associates, the nomenclature of the zoning districts was partially changed. The zoning district of the subject property was changed from ~rine Commercial to W-Waterfront District. See EEhibit 11 attached hereto. In the proposed Waterfront Zoning District the foll~ing uses were among those permitted: Ferry terminml, commercial and charter fishing b~ats, boat launching facilities, eating and drinking establishments, retail sales of marine related items and among the condi- tional uses ~permitted upon approval by Planning Board were the boat service' and storage facilities, fuel storage and sales, fish process- ing plants and ship building yards. (See Pages 17 and lA of Proposed Zoning Regulations of Raymond a-nd May AssoCiates, June 1967). 6. The facts must be accepted, namely that the industrial build- ings on the premises have existed thereon all these years, they are still usable and what is more important, the real property in question is Just not suitable for residential purposes. The real property in question is located in a ~ood area. It only takes a higher tide than usual or a hea%-y rainfall to inundate and flood the premises. -6- Exhibit 12 attached hereto contains eight (8) photographs taken on November 10, 1932, showing the subject property and surrounding &rea ~hor~gh~floode5 after the tide had fallea by 14 inches, i also call the Court's attention to the buildings and structures in the photographs and note that they are substantially the same buildings on the premises today. ('With the exception of the pile of oyster shells). ~hibit 13 attached hereto contains four (4) photographs taken on November 12. 1968 of the south end of Fifth Street and Sixth Street, Greenport, New York, the location of the subject property. An examination of the Elevation Contour Map of the Vil]~xge of Greenport as pre~nred by Van Tuyl P.C., land surveyors, shows that the si~ (6) foot contour line floods during heavy rains and bad storm~ and hurricanes. _____~he subject property is within the six foot contour line. The Suffolk County Department of Pub]ic %4orks lists the e~treme high tide for the Grescport H~rbor as +9.7 feet which obviously includes the subject property. Attached hereto as Exhibit 14, is a photocopy of a proposal by the ArmyCorps of Engineers dated June 30, 1959 received and approved by Department of Public ~Iorks o~' Suffolk County on August 18, 1969~ after a ~%~ic Hearing held by Army Corps of Engineers in Greenport, New York on June 13~ 1968 at which your deponent was present. ~11 of w~ich date wd~ld establish the inadvis- ability and impracticality of even permitting r~sidential use for this pro- perty. In addition, the impracticality of residential use on this terrain coupled with the subsequent high cost of demolishing the existing substantial structures aod the very real and ~sting hazards of flood make residential -7- use of this property virtually an impossibility. 7. The Planning Poard also considered the fact that the Greenport c~nninity shc~ld encourage local employment and ~ight industrial develop- ment within the Village in certain areas and it was felt that the present character of this neighborhood wou~d not be harmed. ~. 7 unequivoc-~bly state that based on my personal kno~led~.e of the Village and specifically the real property in question that the action of the Vil]~tga of Greenport, Board of Trustees of August 12, 1974 in grant- ing the request to change the zoning to Commercial General was the only logical and sensible course to be followed. I further state that it was the unanimous feeling of the members of the Flanning Board in recommending this action that the general welfare and economy of the Village was being fostered and advanced and tb~t in so doing no }l~rm ~l]~ result to the character of the neighborhood. See Repox't of Village of qreenport and Minutes of the meeting of the Planninz Board ~Iinu%as of 5'ay 6, 197A. Piann~ng B~rd/attached hereto as F~hibits 1 and 2. WH~REFORF~ I respectfully request this Court to declare the validity and legality of the actions cf the Board of Trustees of the Village of ~reen- port in ~ranting the application of the Defendant, Southold Resins inc., for a chanse of zone from R-1 one family residence district to C-C Commercial General District. ~worn tc~fora ~e this /~ '-'day ofl~rch, 1975 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of /he Town Law and requirements of the Building Zone Ordinance of the Town of Southold, ~uffolk County, New York, .public hearing will be held by th~:l~ Town Board at' tl~. Hall, ~Ma/~ ~ ~tbeld, Ne~ Y~k,.in ~ Tows on the Z~d day of 7:~0 P.M~. pro' ssi t~" 'a~ ' the ibtdd~hMc~ the l~a~erty · ~' ~ ~tesi~; Inc. .~t (freepOrt ~.l~la[~ol~, ~Io&' Co~mty,' New ,,J/[~d moi~.' p~rticularly ~_,,_.~...~ !!ecnbed as certain tract or itarcel of land, with the buikl!~gs and-tm- provements thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant, on a course' North 46 degrees 30' 00" West 355.53 Ieet from the southwesterly coreer of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. E]sworth Company to Franklin C. Ash- by by a deed dated. January 9, 1956 and recorded January 9, 1956 in the Suffolk County · Clerk's Office in Liher 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64 degrees 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 82 degrees 41' 20" East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly line oI Sixth Street, South 7 degrees 18' 40" West 230.00 feet to the northerly point of .land now or formerly of along the nor- thwesterly line of said land now or formerly c/ Harvey, South 29 degrees 5' 40" West ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesteriy direct to the point or place of beginning, the last course bemg described by a tie line only as North 46 degrees 30' 00" West 355.53 feet, to the point or place of BEGINNING. PARCEL B: All that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30' 00' West 355.53 feet from the southwesterly corner of land now or formerly of Harvey I said point being the southerly point of upland conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direction to land now or formerly of Harvey, a distance measured by a tie line only on a course, South 46 degrees 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a south- westerly direction a distance of 100.00 teet; THENCE North 46 degrees .30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water con- veyed by J. & J. W. Elsworth Company to Franklin C. Ash- by in the deed aforesaid; THENCE North 33 degrees 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 8, 19~8 and recorded in the Suffolk County Clerk's Office at Libor 6294, ~Y OF SUFFOLK, ~ ss: : OF NEW YORK, j .~.oy..G.u.~..~.a.v.~..o.n. ................ being duly Sworn, hat., .he.., is Printer and Publisher of ~he SUFFOLK [LY TIMES, a newspaper published at Greenport. in sam ~; and that the notic~, of which the annexed is ~ printed has been published in the said Suffolk Weekly Times n each week, ~or . . . .o.n.~ .................... weeks page 370. Excepting therefrom such isiv~;ly ~ommencing on t~he .el,evillY;J3. .............. of described premises as are ,_1~ ,~..... ~7q located in the corporate limits ! J~nu~ of the Village of Greenport. ' ........... ~'" ....~.,'.~- ' amendment should appear at 1 :?. l specified. ,f -. ~"~:~.. 1O.~. ~. I DATED: December 26, 1978 BY ORDER OF ....... ..~2..- ,'' ...... ~ '' THE SOUTHOLD JUDITH T. TERRY TOWN CLERK :' :' 1TJll-3131 Residing ai Sul~,Ak Court%' Clks. No. 52-~~?~5 19.~ Conmaission E,~res ~,l~'rch LEGAL NOTICE · Notice of Hearingon · Proposal to Amend ZoningOrdinance Pursuant to Section 265 of the Town Law and requirements of tile 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, in said Town on the 23rd day of January, t979, at 7:.]0 P.M. on t he following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of thc Town of Southold, Suffolk County, 'New York. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of South- old Resins, Inc. situated at Greenport, Town of Southold, Suffolk County, New, and more · particularly.b~unded and des- ~ribed' sig tbllows: ' P~RCEL'K: ALL that certain tract or parcel of land, with the buildings and ·improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46° 30' 00" West 355~53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 3, 1956 and recorded '-January 9. 1956 in the Suffolk County Clerk's Office in Libor 4051 Cp 225 and RUNNING THENCE along landofAshbyNorth 64° 1S' 30" East 183.37 feet to a point marking the southwesterly cor- ner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 82° 41' 20" East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly lineofSixth Street. South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the north- westerly line of said land now or formerly of Harvey, South 29° 5' 40" West 86.08 feet more or less to theordinary high mark of Pipes Cove; RUNNING THENCE along thc ordinary high water mark of Pipes Cove in a general northwesterly direct to the point or place of beginning, the last course being described by si tie line only as North 46° 30' 00" West 355.53 feet. to the point or .place of BEGINNING. PARCEL B: All that certain tract or parcel of land now or formerly under .the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold. County of Suffolk "and State of New York, bounded · and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" We~ 355.53 feet from the southwesterly corner of land now or formerly 'm~of Harvey (said Point being thc southerly point of upland conveyed by J. & J. W. Elsworlh Company to Franklin C. Ashby by a deed dated January 9. 1956 and recorded January q, 1956 in the Suffolk County Clerk's Office in Libor 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direct to land now or formerly of Harvey. a distance measured by a tie line only on a course, South 46° 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary ,high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46° 30' 00" West a distance of about 340 feet to the southeasterlylineofa grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33° 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises con- veyed to the Landlords, AR- MANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 8, 1968 and recorded in tile Suffolk County Clerk's Office at Liber 6294, page 370. Excepting therefrom such of described premises as are located in the corporate limits of the Village of Greenport. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. DATED: December 26, 1978 BY ORDER OF THE SOUTHOLDTOWN BOARD JUDITHT. TERRY Town Clerk IT. 1/11/79(742) ONTY OF SUFFOLK ~,TE OF NEW YORK Patricio Wood, being duly sworn, soys thor she is the tor, of THE LONG ISLAND TRAVELER-WATCHMAN, ublic newspaper printed at Southold, in Suffolk County; I that the notice of which the annexed is a printed copy, been published in s~id Long Island Traveler-Watch- n once eoch week for ............. L ......................... weeks cessively, commencing on the // ?' 7fl" ff ..................... Sworn to before me this ...Z....'TZ.; ............ day ot .............. ...... Notary Public COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning Suffolk County Department of Planning RECEIVED JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 January 9, 1979 Ms. Judith T. Te~ry, Town Clerk Town of Southold Main Road Southold, New York 11971 Rehearing on the application of "Southold Resins, Inc." for a change of zone from "A" Residential & Agricultural to "C" Light Industrial, Town of Southold. Dear Ms. Terry: Pursuant to Article XIII, Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 5, 1974 officially rendered a determination on the above captioned application (SD-74-8). Since the matter now before the Planning Commission is a continuation of the 1974 application, the 1974 determination of the Suffolk County Plannin~ Com- mission will apply. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk JUDITH T. TERRY TO%'N CLERK REGISTKAR OF VIRAL STATISTICS TELEPHONE (516) 765-1801 January 3, 1979 Mr. Gerald C. Newman, Chief Planner Suffolk County Departmen~ of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 Re: Southold Resins, Inc. Dear Mr. Newman: In response to your letter of December 29, 1978, the following information is provided relative to Southold Resins, Inc.: (1) The application of Southold Resins, Inc. is the original application dated March 18, 1974, not the Town Board's own motion. (2) This is a rehearing on the exact same applica- tion and information submitted with the 1974 rezoning of Southold Resins, Inc. (3) The reason for the rehearing is based upon a letter from Irving L. Price, Jr. attorney for the applicant asking that the matter be brought to a conclusion. A public hearing was held in 1974 but no decision was made by the Town Board. Since that time there are two new board members and due to the elapse of time and the two new members the Board felt a rehearing should be held. (4) Application of Southold Resins, Inc. dated March 18, 1974; public hearing July 30, 1974 - no decision made; letter from Irving L. Price Jr., attorney for Southold Resins, Inc., asking that the matter be brought to a conclusion, copy of letter attached. Very truly yours, Judith T. Terry Town Clerk Suffolk County ~n~ · ~ _~ ..rtme_~_ of Planning ti. Lee Dennison E:~cutive C, ffice Bui!~ing Weterans ~'~noria! ~i~hway 3~uppau~e "Tew Yor~ !!7n7 RECEIVED Town of Southold Town Clerk Petitiemmr ?oniD~ Action~ December 29, 1978 Town of Southold (Southold Resins) ~/Z "A" Res. & Agric. to "C" Light Ind. Gent Please be advised that purs~ant to Sections 1323 to 1332 of the Suffolk County Charter. the above capttone~ a?~!ication will not be reviewea because of noncompliance with requirements for notice an4 maps as stipulatee in Informational Bulletin ~o. C of the Suffolk County Plannin- commission, following information ~11 only be accepted upon s~ission throuph the cf-. fices of the m~nicipal referrins a-ency Please provide the following: (1) Is this an application of Southold Resins Inc. or the Town Board's own motion? (2) Is this to be a rehearing on the same exact application and information submitted with the 1974 rezoning of Southold Resin Inc.? If not, submit any new information. (3) Reasons for the rehearing by the Town Board~ amd (4) A brief Hated chronology of events, public hearings and decisions relative to the 1974 application of Southold Resins Inc. Thank you. Very truly yours Lee "~ :Eoppelman Director of P!annin Geral~ C, ~Tewman ~hief Planner GG:-I JUDITH T. TERRY I O1ATq CLERK REGISTRAR OF VITAL STATISTICS 'm w strFI.'Of,K t.'O[,~N'FY Southold, L. i., N. Y. 11971 TELEPHONE (516) 765-1801 December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold Town Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearingat the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Town Clerk Enclosure To: Village of Greenport~ Village of Dering Harbor~-//~/?f Town of Shelter Island~f~c./~/?~ Town of Riverhead~e .//~?~' Town of Southampton'0 Town of East Hampton,s. Suffolk County Planning Department ~/~/~f L. I. State Park Commission~,J~/f~ JUDITtt T. TERRY ]-OWN CLERK R_£GIS'FP~,R ()1. VIRAL S F.~.TISTICS Ot~FICE OF TO~VN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold. L. I., N. Y. 11971 RECEIVED JAN Town Cl~rl~ $outl'/okl TE LEPIIO%'E t516) 765-t 80t December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold ?own Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. very truly yours, Judith T. Terry To%vn Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton // - Town of East Hampton Suffolk County Planning Department L. I. State Park Commission JUDI]H T. TERRS' T OXt,~ CLERK [~EGISTRAR OF VITAL SFATISI'ICS O["b'lCE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUN [Y Southold, L. [.. N. Y. 11971 RECEIVED 1'3/',3 TELEPHONE (516) 765-1801 December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold Pown Building Zone Ordinance (including Building Zone Maps), whlch proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of ShelEer Island Town of Riverhead/ Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission JUD[Tt[ T. TERRY '[ OWN CLERK [{FGISTRAR OF VI I"~1. ~ IAFISTICS Ok'~'~c~_ OF To~v:q CI.ERK TOWN OF SOUTHOLD SUFFOLK CO L~I-Y Southold, L. [., N. Y. 11971 TFLEPHONE (5t6) 765 1801 December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold Town Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport/ Village of Dering Harbor Tow~ of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission RECEIVED Town C~.'~ So~,thold £ JUDITfl T. TERRY I O~,~ CLERK [~-EGISTR-a.R OF Vl l..%l SI-AFISTICS OFFICE OF Tow~' CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY' Southold, L. I., N. Y. 119-1 RI~EIVED U t_ ~ ~,:, .; '187'8 Town Cl~d~ ,%.ttmld [ELEPHONE (516) 765 1801 December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold 'Down Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, !979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very Lruly yours, Judith T. Terry Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island/ Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission JUDITH J'. I'ERRY T o~),~ CLFRK REGIS1RAR OF VITAL ST&.TISTICS OFFICE OF TOWN CLERK TOWN OF SOUTHOLD Southold, L. I., N_ Y. 11971 TOWN OF SOUTHAi4PTO; December 27, 1978 RECEIVED To'"n e,~-14 ~n,,thold ~[ELEPHONE (516) 765-1801 This is to acknowledge receipt of written notice of proposed amendment of the Southold 'Pown Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall., Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Judith' T. TerJy Tow~ Clerk Enclosure To: Village of Greenport Village of Dering Harbor To~ of Shelter Island Town of Riverhead Town of Southampton/ Town of East Hampton Suffolk County Planning Department L. I. State Park Commission JUDI I'H T. TERRY TOWN CLERK I~EGISTR_.kR OF VITAL STAfISflCS OFFIC£OF tohN CLERK '~0Wr~r O~ SouTHoLO SUFFOLK cOUNTy Southold, L. 1.. N. Y. l 1971 RECEIVED ,. Town CI~?L..%l,thold TELEPHONE (516) 765-1801 December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold Town Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Town Clerk Enclosure To: Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L:~ I. S~0te Pa~ Commission~ JUDIIH T. TERRY TOWN CLERK REGIS'FR&R OF VITAL SlATISTICS OFFICE f)[ TO~W CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L [., N.Y. 11971 TE[.FPHONE (516) 765-180l December 27, 1978 This is to acknowledge receipt of written notice of proposed amendment of the Southold ~own Building Zone Ordinance (including Building Zone Maps), which proposed change is to be the subject of a public hearing at the Southold Town Hall, Main Road, Southold, New York on January 23, 1979 at 7:30 P.M. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours, Judith T. Terry To%~ Clerk Enclosure To: Village Of Greenport / Vii~age of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department L. I. State Park Commission TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of : : ARMANDO CAPPA and JAMES P. HOMAN : to the Town Board of the Town of Southold. : TO: Jacob W. Tyler & Wilhelmina & ors. Private Road Greenport, New York 11944 FINAL AMENDED NOTICE Scott Alexander & Harriet J. Alexander 286 Ivy Avenue Westbury, New York YOU ARE HEREBY GIVEN NOTICE: 1. Tbat it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone 2. Thatthe property which is the subject ofthe Petition is located adjacent to your property and is described as follows: On the southwest side of Sixth Street, ar~npnrtr NeW York and bordered by waters of Peconic Bay and on the North and West by your properties. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned willreqnest that the above-described property be placed in the following zone district classification: "C" Light Industrial District 5. That within five days frown the date hereof, a written Pehtion requesting the relief specified above will be filed in the Southold Toxvn Clerk's Office at Mai2~ 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 hear'trig must be held on the matter by the Town Board; that a notice of such bearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-MattituckWatchman, newspapers published in the Town of Southold and designated for the publication of sach notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 3, 1979 BY Pc~x~un¢~ Irvl2o- ~,. Pr~_ce; ~r.. Post Office Address: 828 Front Street Greenport, New York 11944 THIS is to correct description in original notice which recited location of property was Fourth Street, instead of correct street, which is Sixth Street, Greenport, New York. NAME PROOF OF MAII,ING OF NOTICE ADDRESS Jacob W. Tyler and Wilhelmina & Ors. Scott Alexander & Harriet J. Alexander Private Road Greenport, New York 11944 286 Ivy Avenue Westbury, New York STATE OF NEW YORK) COUNTY OF SUFFOI,K) SS,: Doris M. Gable , residin~ at 3755 South Ha~-hn~ ~naa Southold, New York , being duly sv, orn, deposes and says that on the 2nd day of January , 19 79 · d/~ponent n]ai. leda 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 na~nes; that the addresses set opposite lhe names of said persons are the addresses of said persons as shown on the current '~ssessment roi1 of the Town of Southold; that said Notices were mailed at the United ~tates Post Office at Southold ; that said Notices were mailed to each of said persons by (ce~'lificd)4~e~ku----------------~'aal~l]~ail; return receipt requested. Sv, o~n to before me this 3r_O Doris M. Gab day of January 19 79 . ~rlLLIAM H. PRICE, JR. NOTARY PUBLIC, STATE OF Nr-w YORK Suffolk County No. 52-464.4944 ]'erin Explres March 30, 1979 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AM_END ZONING ORDINANCE Pursuant the Building Zone County, New York, Town Board at the to Section 265 of the Town Law and requzrements of Ordinance of the Town of Southold, Suffolk public hearing will be held b? the Southold Southold Town Hall, Main Road, Southold, New York, on the following proposal to amend (including the Building Zone Maps) Suffolk Count},, New York. in said Town on the 23rd day of January, 1979, at 7:30 P.M. the Building Zone Ordinance of the Town of Southold, By changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Southold Resins, Inc. situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk, and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46© 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64© 15' 3,7" East 183.37 feet to a point marking the southewesterly corner of land iof Greenhalgh, THENCE along the southerly line of land of Greenhalgh South i82© 41' 20" East 165.19 feet to a concrete monument set on the Page 2 - Legs' Notice - Southold Resins, Tnc. !'westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; ~HENCE along the northwesterly formerly of Harvey, South 29© 5' 40" to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direct to the point or place of beginning, the last course being described by a tie line only as 00" West 355.53 feet, to the point or place of North 46© 30' BEGINNING. PARCEL B: formerly under line of said land now or West 86.08 feet more or less of Harvey, a South 46© 30' to distance measured by a tie line only on a course, 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles said ordinary high water mark in a southwesterly direction a Ail that certain tract or parcel of land now or the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said ~oint being the southerly point of upland conveyed by J. & J. W. !Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1{1956 and recorded January 9, 1956 in the Suffolk County Clerk's IIOffice in Liber 4051 CD 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly dorect to land now or formerly Page 3 - Leg~ Notice - Southold Resins, ~nc. distance of 100.00 feet; o THENCE North 46 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J~ & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33© 43' place of BEGINNING. BEING AND INTENDED TO BE the same Landlords, January 8, at Liber 6294, ment should a~pear at the time DATED: December 26, 1978 20" East about 106 feet to the point or premises conveyed to the ARPLANDO CAPPA and JAM_ES F. HOMAN, by Deed, dated 1968 and recorded in the Suffolk County Clerk's Office page 370. Excepting therefrom such of described premises as are located the corporate limits of the village of Greenport. Any person desiring to be heard on the above proposed amend- and place so specified. PLEASE PUBLISH ONCE, OF PUBLICATION NEW YORK. JANUARY 11, TO JUDITH T. Copies maLled to the BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK 1979, AND FORWARD ONE AFFIDAVIT TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, The Long Island Traveler-Mattituck The Suffolk Weekly Times Irving L. Price, Jr. Village of Greenport Village of Dering Harbor Town of Shelter Island Town of Riverhead Town of Southampton Town of East Hampton Suffolk County Planning Department State Park Commission following on December 27, 1978: Wa tchman IP, V'ING L. PRICF~ JR. December 14, RECEIVED Tm~m Cio,~ q,ll thnld 1978 Town Clerk Town of Southold Southold, New York 11971 Re: Application for Change of Zone James Homan and Armando Cappa Dear Madam: I enclose herewith photostat of my forwarding letter of March 18, 1974 in this matter. The lease of Southold Resins, Inc. has expired. With there being new members of the Board now, I would appreciate this matter being brought to a conclu- sion at this time. I would be glad to discuss your require- ments. May I hear from you? Very truly yours, / ILP/dg 5.1'arch !~0 1974. Town Clerk° T,awn c~f f;~mthold. tie: '~plicatb, oFdouthold Ilesins. Inc. rot n. t~'.: tilg~ I' :2or, e. On behalf of~':outhold lleslnso Inc., [enclose here- wdh :, I'~titton addresr;ed to th,-. Tow[. ~?,trd of the Town of .~outhald r2r'ne-3ti~iF a change of zone on ,~-.}pcc~y [coated cn the we:.~t side of Sixth Street In the Village of Gceenpor~ for the part of the old Elsworth Oyster Company located la the Tows r)f Southold '~djotning the Village of Creenport. ' ' ~vc also Filed a l'etition with the Village of Oreenport for =~ similar r'h~n;r~ ,F ::one. :lso enclosed herewith is my check made payable to [h*} 'Cox'Jla :f ~{out~?.31d ia the arrount of $100.00 for the filing Fee as re- quired k, the T,n:,i'~.t}' Ordinance. I .dso enclose herewith photostatic copy of letter of zMarch 5th from James F. Homanrevealing the fact that he Is one of the landlord,~ ,~f these premise8 and 18 also a Councilman of the Town of ~: outhold. I have ordered the usual zoning change maps from Van Tuyl for B~,th the Town c~f Southold parcel nnd the Village parcel and wit! subn'it the p:~r[ pertxining to the Town as st,on as [ [};~ve received them. T would appreciate it if 5'0. would arl~ise n,e of the date arid time 'Jf the meeting of the Pl'xnning Board when this matter will be [()nsidered hy that Board. Very truly yours, ILP:SS E nclo~ures Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 August 21, 1974 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Adopted change of zone of "Southold Resins, Inc." from "R-i" Residence District to Commercial Genera~ "C-G" District, Inc. Village of Greenport Dear Mr. Richmond: The Suffolk County Planning Commission has received notice, pursuant to Section 1330 of Lhe Suffolk County Charter, of the adoption of the above mentioned change of zone. In the event we do not receive a reply from you September 10, 1 974, we will assume that you have no objections. Very truly yours, Lee E. Koppelman Director of Planning ,/ Gerald G. Newman Chief Planner Encl. which t~, not ;trak! *ble oo properties tu the northw,at ~', t'~:, ,,~n hereby resolve a~ follo~o~ 1. Tho appllc~tion of 5outh~ld }ieslns, Inc. z'or & ceange of zon~ on %ho pronises described ~n its petilion fro~ R-1 one fanlly ~esldenco PI. strict to Co~ercial GC District {~ 2. That t98 Zoning J~ap ~- and the sa~:e hers.~y ~,s ar.ended, Dist~-!ct to Commt~rclal GQ District the prcpcrt3 c!eserlb~d tho potltlon ~nd moro fully doscrlbcq PARCEL A ~ A~ that cer~ln tract or parcel of land, with the build!nfs and improvements thereon erected, situate, lying and ~lng at Greenport. in the Town of gouthold, County of Suffolk and S~te of New ~'ork, and ~unded and descrl~d as follows; BEGINNII.IC at a point on the ordinary high ~ater m=trk of Plp~3s Cove, dls~nt on a course North 46° )0' 00" West ~35.53 feet from the sou%hk'esterly ocher of land now or fo~erly of ~sy (said point belng tho southerly point of upland conveyed by the J. & J. W. ~sworth Company to P~anklln C. Ashky oy a de~ dated Janus.- 3, 1956 and receded Janusry 9, 19f~ :.n t'a:, &~ffuik 6onnty ~lerk's Off)ce In Liar ~051 Cp 225 and HUNNINj T~NCE along land of Ashby North 6:~° 15' ~0" ~st 183.37 feet to a point m'~rklng the southwesterly corner of land of grecn~lgh, THENCE alonE the southerly line of land of Greenhaigh, South 82° 41' 20" ~st 165.19'foot to a concrete mon~ent set on the wostcri)' line of Sixth ~treet; THENCE along the westerly line of Sixth Street. South 7°'18' 2]0.00 fe~t to the northgrly point of land no~ or fornerly of Ha. rvey~ 'I'HI~NCE along the northweeterly line of said land cow or formerly of ~ey, South 29° ~' ~0" West 86,08 feet more or less to the o~ry hiEh water ~rk of Pipes Cove; ~UH;/iNG T~I;C~ along %he o~Inary high water ~rk of Pipes Cove ggng~l northwesterly direction to tho point or place of keglnn~]g, th~ last course ~ing descried by a tie line only as Nol'ih 4~° )0' 0O" ~'est to %he point oY' place ef -3- PAIIC, iL i~ ALL tbz~t cor~u t~.'act or .parcel of laod sow or I'orm, rly .:ndo~- tha ro~n of ~ou[ho!~ County of Guffolk and Jta~e of Ne~ York, ~-unJo~ and as fo!Ions ~ ~SGINNING ~t ~ point on the o~s~ry hl~h wa~er ~rk of Pipes Cov~ dis~nt on a course North 46° ]0' 00" I~est 355"~3 feat from the so:,thwestor]y cczm~:- ~ i~ni r~ow or formerly of i~rvey (said ~olnt being the sautherly of upland conveyed Oy J. & J. W. ~lsworth Company to ?rar. kiin C. -~shby by a deed dated Jan~ry 9. 1956 and receded January 9, 1956 i.n ~he Suffolk County Clerk's Office In Liar 4051 Cp 225 and: RU~CIiIIC ~;CE along thc ordl~ry hl6h water mark of Pipe~ Cove in a general southweeterly direction to land now or formerly of !l~rvcy, a dis~nce measur~ by a tie line only os a course, ~uth N6° 30' C0" ~st of 355.53 fe~t; RU~ING THENCE late tha waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of lO0.00 feet; THENCE North ,'~6° 30' 00" West a dlsMnce of a~ut 3~ feet to the southeasterly line of a ~ant of land under the water conveyed ~ .,. & J. ~. Elsworth Company to }Yanklin C, Ashby tn the deed aforesaid; THENCE North 33° 43' 20" ~st a~ut 106 feet to the point or place of ~glnning. BEING AND IN?El{DaD TO BE the same premises convey~ to the Landlords, AR~O C~oPA and JAI.~S F. HOI'~N, by Reed, dat~ Jan~ry ~. 1.988 a~ld recorded tn the Suffolk County Clerk's Office at Llbar 6294, page Exce,pting therefrom such of descried premises as are locatc4 outside of th9 corporate limits o1' the Village of Greenport. August 20. 1974 Mr. Albert Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Dear Mr. Rlchmond~ Enclosed herewith are copies oF a resolution as pmssed by the Village of C~eenport Board of Trustees at their meeting of August 12, 1974. This resolution pertains to the Petition of Southold Resins, Inc. For m change, modification and amendment of the Zoning O~iinance of the Village of Greenport. New York. JLP~mlw Enclosures Very truly yours, hn L. Peckhmm llage Clerk-Treasurer August 20, 1974 Mr. Albert Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Dear Mr. Hichmond~ This is to acknowledge receipt of copies of a resolution as passed by the Village of Greenport Board of Trustees at their meeting of August 12, 1974, pertaining to the Petition of Southold Resins, Inc. Please sign the duplicate copy and return to this office. Very truly yours, JLPImlw WH~S, Southold Resins, Inc., has presented to the Board of Trustees of the Inco~-porated Village of Greenport. a duly verified petition dated ~arch 18, 1974 requesting that the zoning o~xiinance of the Village of Greespert. Suffolk County, New York and the zoning ~p forming a part thereof be chaunted. modified or amended by changing from R-i, one family Residence District Commercial General C-G District, the real property described i~ the aforesaid petition and located at the foot of Sixth Street being on the westerly side thereof, and WH/~S, a public hearing was duly held on July 2, 1974 after proper notice given to all persons and parties aa required by the Village Law of the State of New York, and WH~EAS, the petition and all relevant matters herein were duly referred to the Suffolk County Planning Commission in accordance with the provisions of the Suffolk County Charter, and WH~EAS, the Suffolk County Planning Commission has rendered lt'a report dated August 5, 1974 disapproving the proposal to change the aforesaid zoning district, and setting forth its reasons therefore, and. WH~FAS, the Suffolk County Planning Commission report sets forth the following reasons for its action, 1. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot zoning"! 2. it is contrary to previous Village Boar~ and Planning Board actions which eliminate the former industrial zoning classification; 3. It is inconsistent with the single family residence ' character of the locale and would necessitate access via local residential streets; 4. It would tend to establish a precedent for further downzonings in the locale and along the shorefront; 5. There is no guarantee to preclude a change in use or an intensification or expansion of said facility; 6. The intended manufacturing use does not necessitate Waterfront accessability as a m~rine related usel ?. There appears to be ample vacant industrially zoned land to the northwest of the premised in the Town of Seuthold which would allow the establishment of the intended manufacturing unel and WHEREAS, the matter was heretofore duly referred to the Planning Board of the Village of Groenport, and said Planning Boar~ reported favorably on the said petition of $outhold Heeins, Inc. and recommended the approval of same, and ~HER~AS, the matter wac heretofore duly referred to the Planning B~rd of the Town of Southold and the said Planning Board reported favorably on the said petition of Southold Resins, Inc. and recommended the approval of same, and ~}{~S, the Village Board of Trustees rejects the Suffolk County's Planning Commission repox~t for the following reaeonsl 1. The gre~t majority of the waterfront property of the Village of Greenport is presently zoned Waterfront Commercial and property to the east of the subject premises on Fifth Street is and has been ~aterfz~nt Commercial and historically the described premises has always been used in a commercial manner; 2. The intent of the previous Village Board and Planning Board in up-zoning the property was to retain control of any proposed commercial use and was not to preclude commercial uses 3. New construction of one-family residences on the subject area would be impossible b~cause of flooding conditions and the local topography; $. These few properties os the waterfront of the Village of Greenport of a non-co~mercial nature are already fully utilized and their value is es~ahlished in their non-commercial uses 5. The Petitioners and Owners have voluntarily submitted a Declaration of Restrictions affecting the said premises for the purpose of restricting the use thereof so that the a. Premises or any part thereof may not be used for motor vehicle sales, service at~tlons and repair garages or Utility and Public Transportation facilities; b. The covenants and restrictions are to run with the land an~ shall he perpetual~ and ~ae aforesaid Declaration of Restrictions gives to any property owner or person residing within a radius of 1000 feet of the above described premises the right to seek an injunction to prohibit any uses violative of said restrictions in addition to all other remedies at law; and 6. The intended use is one that will tend to protect and thereby preserve the waterfront and overall environment in it's present state; 7. It is the desire of the Village Board to protect the local econop~y and to encourage a diversified local economy, and one that will not depemi'exclueively on tourism, and that will bo in tune with the energy consciousness of our times and one that will provide above minimum wage employment to our resldentss and WH~EAS, the proposed use will have a minimal effect on our local environment since the Village can provide the use of a Sewage Treatment Plant -2- which is not available on properties to the northwest in the Town of Southold, nor in any other portion of sald town, NOW THE~iFORE, the Board of Trustees of the Village of Gresnport, having considered the mattsr and specificmlly the ~enefits as above set forth does hereby resolve am followml 1. The application of Southold Resins, Inc. for a change of zone on the premimea described in its petition from N-1 one family Residence District to Commercial CG District is granted. 2. That the Zoning Map be and the same hereby is ~mendod, change(l and modified by changing from R-1 one family Residence District to Commercial CG District the property described in · the petition and more fully described PARCEL A, ALL that certsin tract or parcel of land, with the buildings and Improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold. County of Suffolk and $~ats of New York, and bounded and describes as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North ~6° 30' 00" West 355.53 feet from the southwesterly cromer of land now or formerly of Harvey (said point being the southerly point Of upland conveyed by the J. & J. W. Elsworth Company to Franklin C. Ashby by a de~l datsd January 3. 1956 and recorded January 9. 1956 in the Suffolk County Clerk's Office in Liber ~051 Cp 225 and RUNNING T~ENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh. THW, NCE along the southerly line of land of Greenbalgh, South 82° 41' 20" ~ast 165.19 'feet to a concrete monument set on the westerly line of Sixth Streetl THENCE along the westerly line of Sixth Street, South ?o 18' ~43" Wast '230.00 feet to the northerly point of land now or formerly of Harveyl THENCE along the northwesterly line of uald land now or formerly of J{arvey, South 29° 5' 40' Wast 86.08 feet more or less to the ordinary high ~ater mark of Pipes Cove; RUNNING TH~NCW. along the ordinary high water mark of Pipes Cove in m ~ensral northwesterly direction to tbs point or place of beginning, the last eourse being described by a tie line only as North 46° 30' 00" West 355.53 feet, to the point or place of BEGINNING. -3- PARCEL B ALL that certain tract or parcel of land now or formerly under the ordinary highwater mark of Flpes Cove. together with the etruct~e, improve- ments and buildin~s thereon, situate, lying and ~lng at Greenportp in the Town of Southold, Oounty of Suffolk and State of New York, bounded and descried as follows~ BEGINNING at a polnt on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" ~est 355,53 feet from the southwesterly comer of land now or formerly of Har~ey (said point being the southerly point of upland conveyed by J. & J. W. Eleworth Company to Franklin C. Ashby by a deed dated January 9. 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Libor ~051 Cp 225 RUNNING TH~CE along the ordinary high water mark of Pipes Cove in a g~meral southwesterly direction to land now er formerly of Harvey, a distance measure~ by a tie line only on a course, South $6° 30' 00" East of 355.53"fmat! RUNNING THF2{C~ lnts the waters of Pipes Cove at right angles tn said ordinary high water mark in a southwesterly direction a distance of 100.00 feet! THENCE North $6° 30' 00" West a distance of about 3~0 feet to the /southeasterly line of a grant of land under the water conveyed by J. & J. Elsworth Company to Franklin C. Ashby in the deed aforesaldl T}[ENCE North 33° 43' 20" East about 106 feet to the point or place of beginning. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAP?A and JAMES F. HOMAN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Office st Libor 629~, page 3?9. Excepting therefrom such of described premises as are located outside of the corporate limits of the Village of Gr~enport. STATE OF NE~ YORK ¢[3UNTY OF SUF~OLK I. the undersigned Clerk of the Village of Creenport, Suffolk County, New York. DO HEREBY CERTI~"f~ That I h~ve compared the foregoing copy of the minutes of the meeting of the Board of ~ustees of said Village, held on the 12th day of August, 1974, including the resolution contained therein, with t~e original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FUR~"r~ CERTIFY that all members cf said Bnax~l had due notice of said meeting. IN WITNESS WH~EOF, I have hereunto set my hand this 2~%~ day of _~fllage Clerk Job~u L. Peckham NORTH FORK E['~VIRONME~tTAL COUNCIL, INC. July ~0,,1~'4. ~outho,ld Town Board ~Om~h 3tree~ ~rm~n~rt, New- Yo, rk G'entl eme~: 11944 The No~-th Perk Environmental Council is becoming increasingly a~a~med over the p~llution of the wa~ers surrounding our area ,as well as the threat eT air pollution and would like to ask four ~uestions lmertaining to the downzoning of the property know~ as the Ellswo~-th Oyster Company, situated par~y in the Village of Green~ort and partly in Southold Town. 1. What specific Air Quality Standards would be applicable in the op,- eratio~ o,f an industry involving l~lastiem or r~sins, especially with- im a residential district? 2.. We under~tand that the piant is connected to the Greenport Sewer System,but what would be the. ruling/regulatiom r~garding the dump- lng' of any bulk waste in, adjoining weters? 3. What ar~ the standard~ governing the trs~fic' and pa~king so that it would be conducted in a. manner not ~ inte~Te~ with the character eT' the rmsidential a~ea and the p~m'k and swimming area? 4. We understand ~hat the inten~ of the applicant is to r~nt dockage spa~:, for boat ow~e~. What woul~ be. the limit: on: size. of the boats? Wo~ld there be' a restriction added, if this is granted, in r~ga~d to the s~le o.~ dispensi'ng-off' petro'le~m products?We would like to point ou~ that the entrance to the dockage are~ can not be achieved by ~. straight approach but must be made *lose to the beach, which le~s ~ to ask,would the safeway of' s~mme~s in. this Greenport"s only beach sm'-e ~, be Thank you. Loraine S Terry,Pres..NFEC Public Hearing - Southold Town Board July 30, 1974 The Supervisor opened the hearing at 8:00 p.m. Present were Supervisor Martocchia, Justice Surer, Councilman Rich and Councilman Homart. 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 Tov~n on the 30th day of July, 1974, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 8:00 p.m. (E.D.S.T.) Agricultural District to of Southold Resins, Inc. Suffolk County, New York, described as follows: by changing from "A" Residential and "C" Light Industrial District the property situated at Greenport, Tovna of Southold, and more particularly bounded and Parcel A: ALL that certain tract or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold, Suffolk County and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greerahalgh, THENCE along the southerly line of land of Greenhalgh South 82° 41' 20" East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the northwesterly line of said land now or formerly of Harvey, South 29° 5' 40" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of beginning the last course being described by a tie line only as North 46° 30' 00" West 355.53 feet to the point or place of BEGINNING. Public Hearing -2- July 30, 1974 Parcel B: Ail that certain tract or parcel o£ land now or £ormerly under the ordinary high water mark of Pipes Cove, to- gether with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold, County of Su£folk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9, 1956 in the Su££olk County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direction to land now or formerly of Harvey, a distance measured by a tie line only on a course, South 46° 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46° 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33° 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294, page 370. Excepting therefrom such of described premises as are located in the corporate limits of the Village of Greenport. Any person desiring to be heard on the above proposed amend- ment should appear at the time and place so specified. Dated: July 11, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK Proof of publication was presented from The Long Island Traveler- Mattituck Watchman and The Suffolk Weekly Times. Proof of receipt of written notice were presented from the Town of Riverhead, Town of Shelter Island, Town of Southampton, Town of East Hampton, Village of Greenport and Village od Dering Harbor. Proof of posting on the Bulletin Board in the Town Clerk's Office was presented. Public Hearing -3- July 30, 1974 Councilman Rich presented the following excerpt from a letter from the Suffolk County Department of Planning: "Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 5, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action disapproving this change of zone." Councilman Rich presented the following excerpt from a letter from the Southold Town Planuing Board: "This is to inform you that the following action was taken by the Southold Town Planning Board at a regular meeting held April 16, 1974. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board approval of the petition requesting a change of zone on certain property situated at Greenport, New York, from "A" Residential and Agricultural District to "C" Light Industrial District. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe." Supervisor: For the purpose of clearing up something that might come into your minds later, Councilman Homart is sitting to create a quorum for this hearing because Judge Demarest is out of town and Judge Doyen was unable to come because of fog. In a delibera- tion Mr. Homart will disqualify himself as he is one of the owners of the property in question. You have heard the description of the property in question, the legal notices in our local papers, the posting by the Town Clerk, the position of the Southold Town Planning Board recommending favorable consideration to this application, the position of the Suffolk County Planning Board which recommends denial of this application and the notice that has been sent to our adjacent communities. I would like at this time to call on anyone who wishes to represent Southold Resins, Inc. Irving L. Price, Jr., Esq.: I am an attorney with offices at 238 Main Street, Greenport, New York. I represent Southold Resins, Inc., the applicant here. At this time, Mr. Supervisor, I would like to ask if there are going to be any ground rules set as to how often people can speak, how many rebuttals there will be, surrebuttals, etc. Supervisor: The ground rules are along these lines. I am going to call on anyone interested in favor of granting this application first. You will not be able to speak a second time until every- body has had an opportunity to speak once. Then we will go to people who want to be heard in opposition and the same rule will apply. After that there will be rebuttals. Public Hearing -4- July 30, 1974 Mr. Price: One? Supervisor: No, open. Mr. Price: This will be the fifth presentation of this petition and, hopefully, there will be one more. This is occasioned by the fact that this is a unique parcel of real estate which is intersected by the Greenport Village line. The property is located at the foot of Sixth Street in the Village of Greenport on the west side. This proceeding was occasioned by the fact that this property after being industrial and used as an oyster plant for many years, upwards of forty or fifty years, and under the original zoning of the Village of Greenport in 1947 and the Town of Southold, I believe in 1950, was zoned industrial and then in the latest rezoning of the Village and Town it was zoned residential. Two members of the Planning Board of the Village of Greenport have stated it was zoned residential under the Village Zoning Ordinance so that they could control what went in there. The Village of Greenport Planning Board has by resolution approved the application for a change of zone from residential to commercial general under the Village of Greenport Zoning Ordinance. The petition has been made to the Village of Greenport Village Board twice, the second time being occasioned by the fact that the first time improper notice was given. This was first commenced back in February by the petitioner asking the Southold Town Planning Board for an informal conference under the zoning ordinances of the Town of Southold as it is provided and at that hearing, it was my understanding that we were encouraged and that the Town Planning Board said that if a change of zone were granted and then a petition was submitted for a special exception from the Southold Town Board of Appeals, they would approve the site as it is presently constituted. We have been before the Town Planning Board, the Village Planning Board and the Village Board twice and now we are before the Town Board. We are asking that the premises as described in the notice be changed from residential zoning to light industrial zoning under Article 8 of your zoning ordinance.. If such rezoning is granted, the petitioner will then apply to the Southold Town Board of Appeals for a special exception as provided in Section B of paragraph 100-80 for industrial uses, including manufacturing, assembling, converting, altering, finish- ing, cleaning or other processing, handling or storage of products or materials, involving the use of only oil, gas or electricity for fuel and marinas for the docking and mooring of all types of boats. The use that the premises will be put to as far as manu- facturing is concerned will be the manufacturing of baseboard heaters. The marina part has raised some confusion in the past. Ail that is contemplated is the rental of space for boats to dock in an attempt to recoup some of the cost of this property. There is no intention to operate a marina in the conventional sense. There will be no other use that this plant will be put to other than manufacturing. Under the Village zoning ordinance and the use district we can go for,the permitted uses are numerous and varied and once the zoning is allowed and the change is gmanted, then the property could be put to these different uses that the people have raised questions about. Under your Town zoning that is impossible. A special exception can only be used for manufactur- Public Hearing -5- July 30, 1974 ing and a marina. We believe that this is the best use that the property can be put to. We bel£eYe that residential zoning is unrealistic. We point out that the Southold Town Planning Board has approved this application. The fact is that it has been industrial for all these years and was continued as an oyster plant. It was purchased by the present owners and from noncon- forming use as to this zoning which was put through and was continued wmth storage. The Councilman read us the letter from the Suffolk County Planning Board signed by Mr. Xoppelman to the effect that this application had been considered and disapproved. In light of the recent Supreme Court decision in the Suffolk County Supreme Court in which it was held that a staff decision that had been approved by the Planning Board or disapproved in which they have not adopted a separate resolution giving their reasons and their conclusions was improper. Therefore, I would like the record to show that we object to the decision of the Suffolk County Planning Board as being of no effect. Thank you for your attention and I would like to reserve some time for rebuttal. Supervisor: the County. read them. You indicated you are They did cite reasons objecting to the decision of although our Councilman did not Mr. Price: I think the entire communication should be placed on the record. Mr. Rich read the entire letter from the Suffolk County Department of Planning dated June 6, 1974 and addressed to the Town Clerk. Re: Application of "Southold Resins, Inc." for a proposed change of zone from "A" Residential to "C" Light Industrial, Town of Southold (SD-74-8) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 5, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action disapproving this change of zone: Be It Resolved, that the above captioned change of zone is disapproved for the following reasons: 1. It is inconsistent with the Town Master Plan which designates this parcel for single family residence use; 2. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot zoning"; 3. It is contrary to previous Town and Planning Board actions which eliminated the former industrial zoning classification; Public Hearing -6- _±y 30, 1974 4. It is inconsistent with the single family residence character of the locate and would necessitate access via local residential streets; 5. It would tend to establish a precedent for further downzonings in the locale and along the shorefront; 6. There is no guarantee to preclude a change in use or an intensification or expansion of said facility; and 7. The intended manufacturing use does not necessitate waterfront accessability as a marine related use. Very truly yours, Lee E. Koopelman Director of Planning by /s/ Gerald G. Newman Chief Planner Councilman Rich then read the complete letter from the Southold Town Planning Board to the Southold Town Board dated April 19, 1974. Re: Southold Resins, Inc. Change of Zone request This is to inform you that the following action was taken by the Southold Town Planning Board at a regular meeting held April 16, 1974. On motion made by Mr. Coyle, seconded by F Sr. Moisa, it was RESOLVED that the Southold Tow~ Planning Board recommend to the Southold Town Board approval of the petition requesting a change of zone on certain property situated at Greenport, New York, from "A" Residential and Agricultural District to "C" Light Industrial District. This recommendation is based on the fact that the premises are presently improved by a long existing oyster plant. Under the previous zoning ordinance it was zoned industrial and has existed in present condition prior to any zoning ordinance for the Town of Southold. It was operated as an oyster plant and has been continuously used since for storage. There will be no change in the outward appearance except regular maintenance. The property will be used as a resins manufacturing plant and boat basin. The Plsnning Board feels this is good use of this property. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. /s/ Muriel Brush, Secretary Mr. Price: I renew my objection to the communication from the Suffolk County Planning Board. It is a mere ratification of staff Public Hearing -7- ,uly 30, 1974 action and that is exactly what the Supreme Court Justice threw out. It is not a resolution of the Planning Board itself. Mr. Martocchia: Is there anyone else wishing to speak in favor of granting the change of zone to this applicant? There being no one I will now hear anyone who wishes to speak in opposition. Mr. Stankevich: My name is George Stankevich with offices at Main Road, Southold and at Shelter Island, New York. I am an attorney and I am speaking in opposition to this change of zone. I represent members of the Cove Circle Association and at last count there are approximately ten dozen people who are residents of the Village of Greenport and also of the surrounding areas of the Town of Southold surrounding this property who voice their strong opposition. The entire opposition to the petition was well-stated by the Suffolk County Planning Board. If you read thoroughly their resolution and staff study, it brings out their position into perspective of the problems of this application before you. This is a matter that can't be heard enough. There have been several hearings already and in each hearing we have learned more and in each hearing the surrounding community has found a bit more about the impact of this proposed petition on their neighborhoods. For instance, in the last hearing in the Village of Greenport before the Board of Trustees of the Village the statement was made by Mr. Price as follows as taken from page 9 of July 2, 1974. "Mr. Stankevich repeatedly referred to this as a request for industrial. It is not industrial and there is no industrial in the Village of Greenport under the zoning ordinance. We are asking for commercial general under the subsection that we want to use our property under and the reason we have to apply for the change is light manufacturing." If you read the records before both the boards you will see in Greenport we are told all there will be is light manufacturing and that is not industrial. What is asked here is that you convert in perpetuity an area that is zoned residential and is now and has been for several years vacant to a permanent industrial enclave. The good people that I represent support your ordinance. They are not here so much in opposition to the petition but they are here in support of your zoning ordinance that you adopted in your master plan that you paid for. You had many hearings on it and now what is asked for is that you dismember it. I know people are coming before you con- stantly. It is not right to grant this petition unless you as the Board of the Town of Southold analyze what your purposes in the zoning ordinances are. If you look at your zoning ordinance, portion 3 is the provisions of privacy for families. Section 4 is the prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. Section 5 is the maximum protection of residential areas. Section 6 is the gradual elimination of nonconforming uses such as the petition claims exists here. Section 7 is the enhancement of the appearance of the Town of Southold as a whole. I suggest that if you look closely there is no way you can honor the purposes of this zoning ordinance and allow this petition to be granted. In so doing I think you should be aware that when you paid with Greenport for a planning study this area where we~are concerned Public Hearing -8- Yuly 30, 1974 and immediately adjacent in the Village of Greenport is considered the best neighborhood in Greenport. It is plan~ing district number 3. It says that planning district 3 is the southern portion. It is primarily a single family residential area. The house conditions here are among the best in Greenport with only six per cent considered deteriorating. What is asked you here is that you zone an industrial area immediately adjacent to the best area o£ Greenport and the natural consequence is the trucks will go through the best area of Greenport. I suggest it doesn't make sense. Greenport has had a difficult struggle and through the joint efforts of everyone the Village is rising and this is good £or the ToM. To put an industrial area there doesn't make good sense. The fact is this tow~, the people sitting in this room, has put in a great deal o£ time to take cardboard city and rejuvenate it. It was a blight. The various boards worked very hard to get that project off the boards and get it going and it looks fine now. It is a big improvement. You have taken steps forward and this is a step back. The people who have invested in real estate here have put their lives and their money in your hands and have tried to improve the area. The real estate should be closely looked at before you grant this petition. This is not a personality contest. The question is not Southold Resins or who is Southold Resins or what they manufacture. The change of zone that is recommended is not going to have Southold Resins stamped on it. If the economy turns bad they will do whatever is necessary to recoup their losses. If the economy does turn bad or they are not successful you could have something different. If they get too big to be there, you have to look ahead to what you want. The County has tried to put this in perspective. The Pla~ing Board has looked at it and it would be worthwhile to find why they approved it. They also approved the master plan a~d the upgrading of this property. Why did they recommend it? They say this property has been continuously used for storage and prior thereto for oyster operations. The people in this area contest that view. They say for the last year at least it has been a vacant area. The present activities they claim are illegal at the present time. They have brought this to the attention of the Village of Greenport and they have received various replies. Your Planning Board also said there would be no change in the outward appearance. They can't guarantee that because it could markedly change if they decided to leave or expand. They say it will be used for light manufacturing and a boat basin. That is not a guarantee either because they could sell the property. That is pure conjecture. I don't think that the Planning Board's reasoning doesn't bear up to the weight and logic of the County Plan~ing Board's reasoning. I£ the property ow~aer has such great hardships because these buildings were set up £or commercial and the property can't be used for anything else than under those circumstances, both the Village and the Town could grant a variance with very strict conditions. If the property owner can show that his hard- ship is so great and it won't destroM the neighborhood. I suggest the reasoning of why a variance hasn't been applied £or is either they are not entitled to it and it would be detrimental to the neighborhood or they would rather not be hampered by the Zoning Board of Appeals and what they might say. They must act in the strict confines of the ordinance. There is a further hardship Public Hearing -9- _ly 30~ 1974 and problem. Half of it is in the Village and half of it is in the Town. We don't know what the Village will do. Obviously, if the Village doesn't go along with a downzoning you will be placed in a position of downzohing an area where half will be left residential and half industrial, obviously not good planning. You are in no position at the present time to go ahead. Further study is recommended. I think also you should consider the fact that not only is this the best area but it abuts upon one of the few parks Greenport has for the public and this entire area is going to be used for boats and manufacturing. The traffic will be exiting to Greenport streets right next to the park. There are children, women, mothers. It is quite crowded on the weekends and during the week. It is not going to help it and I don't think it is compatible. That is my personal opinion. I think you should look carefully into that question. I think if you look at all these factors it will behoove you not to grant this dow~zoining or spot zoning. It just doesn't seem to fit into the neighborhood. The only thing that the peitioner has going for his case is there is a large building on the property which many years ago was used for industrial. Maybe, it could be developed into some type of residential building and a multiple use put in there. In a way it is idle speculation to raise the point because as a Town Board you can't get into these fine details. This is a proper case for the Town Board of Appeals and see if something else can be worked out for the property owner. Marveleus things can be done. With appropriate conditions and appropriate attention by the Zoning Board of Appeals, they turned disaster areas into a delight. I think alo% can be done without turning it into an industrial area and my clients strongly object to the downzoning. Supervisor: Is there anyone in the audience wishing to speak on this application for the purpose of denying the application? Harry Menkes: Fifth and Clark. I have been a taxpayer about fourteen years. If this downgrading, spot zoning, goes into effect, I am worried about what is going to happen on Fifth Street which is almost the same case. We may have that as a ferry terminal. What is going to happen to the Village of Greenport and the whole prime area in Greenport if this petition is approved. I disapprove the petition. Arthur Coffin: I have property on Pipes Cove Circle. It is part of the old Ellsworth Estate that was used for oysters. It is my residence now. As with my neighbors I have put alot of my money and time into my property. I bought it because it was an industrial absent section. Everything in there was residential. At one time there was an attempt to change industrial between my property and the motel down the line. That was turned down be- cause it was felt that a marina on Pipes Cove was a detriment to the entire area. I am now here in the same building and it is supposed to be the greatest thing. I don't think so. There is no difference now than three years. I thought your board went right down the line point by point on all seven and gave you very valid reasons as to why they were opposed. I listened to the Town Planning Board - generalities. I am not impressed by Public Hearing -10- ~ _¥ 30, 1974 what the Tovna said as I was by what the County said. I have checked with some lawyers involved in zoning. They assure me that spot zoning is illegal not only in New York but generally illegal. As far as any so-called conditional zoning they assure me that this too is a subterfuge to get around spot zoning and, in their opinion, would be illegal. I think that I represent the feelings of many other people who would like to live in a residential community, work for it and improve it and make it look good and I would like to move that we deny this petition. Lorraine Terry, President of the North Fork Environmental Council, Inc.: I would really like to ask you to consider four questions. (The following letter was read into the minutes.) The North Fork Environmental Council is becoming increasingly alarmed over the pollution of the waters surrounding our area, as well as the threat of air pollution and would like to ask four questions pertaining to the downzoning of the property known as the Ellsworth Oyster Company, situated partly in the Village of Greenport and partly in Southold Town. What specific Air Quality Standards would be applicable in the operation of an industry involving plastics or resins, especially within a residential district? We understand that the plant is connected to the Greenport Sewer System, but what would be the ruling/regulation regard- ing the dumping of any bulk waste in adjoining waters? What are the standards governing the traffic and parking so that it would be conducted in a manner not to interfere with the character of the residential area and the park and swimming area? We understand that the intent of the applicant is to rent dockage space for boat owners. What would be the limit on size of the boats? Would there be a restriction added, if this is granted, in regard to the sale or dispensing of petroleum products? We would like to point out that the entrance to the dockage area cannot be achieved by a straight approach but must be made close to the beach, which leads us to ask, would the safety of swimmers in this Greenport's only beach area, be assured? Thank you, /s/ Loraine S. Terry, President Eve Bucharelli, 312 Fourth Street: Even in Greenport we are supposed to have a government of, for and by the people and I think it is obvious, it was at the last meeting, that people are not served by downgrading. I sincerely hope the petition will be denied and soon so we don't have to waste our time coming to these hearings. Public Hearing -11- July 30, 1974 A1 Scott: I am the owner of the adjacent property in question that Southold Resins wants downzoned and am vigorously opposed to such action by the Town Board. To downgrade it £or an unproven product, it is such a great gamble to manufacture resin based products that the Town Board on this alone should be unwilling to take this gamble. The national picture is that other companies are hard pressed which is all over the country with resin based items. The noxious use of chemicals and undesirable odors should be considered. There should be the thought that once downzoned the Town Board has lost practically all control. In the event of an unsuccessful attempt by Southold Resins to make it a profit- able and useful addition, it is still unproved and the town has no control if it is sold for some other use. If the Town Board sees fit to reject the interests of the taxpayers then what assurance can the adjacent community have? It will be damaged and Pipes Cove offers to all the people in Southold and Greenport the use of sailing, fishing and general recreation. The Town of Southold to use its waterfront for the monetary gain of one person or preserve for the use of many. Why not a variance to keep some control of the Town of the use of this property. The Supervisor asked if there was anyone else who wished to speak in opposition to the petition. There being none, he opened the floor for rebuttal. Mr. Price: The question o£ what use this property can be put to. Because the use district under your zoning ordinance is light industrial and under the Village zoning ordinance is commercial general is semantics. We are bound by the ordinances as we find them and it is inverse reasoning to reason that because your zoning ordinance called manufacturing industrial and the Village doesn't that it will make a change in what the applicant is going to use the premises for. He is going to use it for manufacturing. You don't lose control of the use. You only have the use on B-1 and B-9, if the Board of Appeals grants a special exception and at that stage we get the other arguments that special conditions can be imposed. Mr. Stankevich has brought up that question again of why we are not in for a variance. He forced me to answer it in Greenport and I will answer it again. We did not apply for a variance because in the State of New York a variance is only granted for area and not use. It is his contention that it is not so. He is just another attorney. He passed the same exam I did. It is my contention and that is the only reason we are asking for a change of zone rather than a variance. Mr. Stankevich said he is not against the application but only in support of the zoning ordinance. He read some of the provisions that you are to take into consideration. Unfortunately, he left out H which is the encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. Also, the Town Board under Article 15 may on its own motion or by petition after advertising and certain requirements have been complied with prepare and adopt an amend- ment to the zoning ordinance. Mr. Stankevich also quoted from Public Hearing -12- July 30, 1974 some report which said, I believe, that this is district 3 and that this is the best residential district according to him. I did hear from what he quoted that there was some commercial use on Front Street and the southern-most part of that district and that is exactly what we are talking about, the southern-most part of that district. At the time that report was written this was an industrial district. This is not asking £or spot zoning but the correction of a mistake and I quote the Village Planning Board that said this was zoned residential so they could control the use and they have approved the use. Mr. Menkes, when he stated that this would set a precedent for Fifth Street and the same uses and ferry terminals could be put in. That is already zoned waterfront commercial and it can be put to that use. The County Board over- looks the fact that the purpose of the zoning ordinance and general development plan is to put the best use of the property and mention has been made of the residents having put their lives and money into the real estate that they owned, when it was already zoned commercial or they bought it after. The owners in this case have their lives and money invested in this property and to deny them the best use of this property is to deny them. Mr. Stankevich: People on both sides of the question have personal interest and that is why it is civilized and right they come before you. I would like to point out that your zoning ordinance and the master plan lay out as a principle the gradual elimination of nonconforming uses. The petition claims it is a nonconforming use. They are asking you to reinstitute this as an industrial area. It has been fallow for many years. It is a step backwards. In your zoning ordinance you have attempted to separate industrial from the residential areas and keep industrial aside and separate. Six months ago we could have said that the plastic industry is clean, non-toxic and safe. Within the last six months we hear people's livers are falling out because they work in plastic factories and there are noxious fumes. This is one of the most densely populated areas in Greenport. Some of the people are here and they are worried. They intend to live there and would like to have the purposes of the zoning ordinance upheld. Certainly if there is such a grievous injury to the property owners they can go to the Board of Appeals. The answer is to have your attorney look the complaint over and I am sure he can answer whether there ms a use variance. That is an option open to you and I am sure he will find a case that tells the Board of Appeals that they can grant use variances when some criteria are met, if the injury is so great and it won't hurt the neighborhood. The Board of Appeals have far more control in this situation. The Board of Appeals is very hard put to deny a conditional use. They are in a stronger position if the property owner must get a use variance. I suggest that this downzoning doesn't belong in a densely packed residential area. Mr. Scott: The owners o£ the property haven't been mentioned this evening. Have they anything to do with any official capacity in the Town of Southold? Secondly, the petitioner is now operating in this location. How or why and who gave him permission? Public Hearing -13- ~ly 30, 1974 Supervisor: I did explain that one of our Tovrn Board members is one of the owners of the property. He is sitting here for the sole purpose of having a quorum with two members absent so we could go on with a hearing. He will have no vote when we decide the matter. As far as the Town of Southold is concerned we are talking absically of the application that is here tonight on a vacant piece of land. There is one tip of the building sticking mnto Southold Town. The basic plant is a village matter. Mr. Scott: The trucks that are going into Southold Resins at the moment are bemng driven into the Town of Southold and parked in the Town of Southold and there is material being stored in the Town of Southold. Who gave him permission? Supervisor: The Town of Southold did not give permission. Mr. Scott: violation. Somebody must have. If the owner did he is in direct Supervisor: I don't think the owner would give permission. Mr. Price: As attorney for the occupant I would like to attempt to answer that question. I did not represent them when the lease was entered into. In my investigation, it is my understanding that there was a booboo. Everyone thought it was industrial and didn't know it was zoned residential and went in on that basis. As far as the actual use of the Southold portion with trucks and storage it is our contention that it is a continuous or nonconform- ing use which is legitimate under the ordinance as it exists. Mr. Scott: Who gave them permission to put a windmill up there? You can say it is not being used but it is being used. Supervisor: Is there anyone else who wishes to speak on this matter? Has everyone had the opportunity to be heard? Hearing none, the hearing is closed. In Mr. Stankevich's last statement, he quoted from Otto vs. Steinhiller, 282 NY 71, 1939. Respectfully submitted, M~'ie~ Brush,' Secretary STATE OF NEW YORK: COU[~TY OF SUFFOLR: SS: ALBERP t,~. Southold, New York, age of twenti,-one years: that on the lt~ 74 he affixed a notice cf wh{ch is a tr~le cops-, in a prope~' ar:ti suks Lant La] :hanr:cr, j: pui}i£c Nlace in ~e Town of Sounheld, Suffolk Co~l:~'., . .' York, to wit:- PUBLIC HEARING - Southold Resins, Inc. 8:00 P.M., July 30, 1974 To'~.,n Clerk Bulletin Boa~-d. T~...'v Clock Cfi c'e Main Read, Soh~hc, ld, L.Z.,i..i'. Sworn to before ~e this 22nd d3y of July 19 Z 4 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AM ZONING ORDINAN, Pursuant to Secti~q 265 of the Town Law and Requirements of the Building Zone Ordinance of the Town of Sou{hold,' Suffolk County, New York, public bearing will be held by the Southold Town Board qn the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 30th day of July, 1974, on the following proposal to amend the Building Zone Ordi- nance (including the Building Zone Maps} of the Town of Sou{hold, Suffolk County, New York. 8:00 P.M. (E.D.S.T.) by chang- lng from "A" Residential and Agricultural District to "C" Light Industrial District the property of $outhold Resins, Inc. situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows:. PARCEL A: ALL that certain tract or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Grecnport, in the Town of Southold, County of Suffolk and State of New York. and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46 degrees 30 minutes 00 seconds West 3S.5.S3 feet from the smJthwesterly corner of land now or fornlerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. EIsworth Company to Frank- lin C. Ashby by a deed dated January 3, Igso and recorded January q, 1956 in /he Suffolk County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE - along land of Ashby North 64 degrees 15 minutes 30 seconds East 183.37 feet to a point marking thc southv,'esterly corner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 82 dc§tees 41 minutes 20 seconds East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly linc of Sixth 5tree{, South 7 degrees 18 minutes 40 seconds West 230.00 feet to the northerly ppint of land now or formerly of Hlirvey; THEN(;[ along the uorthwest- erly line of said land nov,' or formerly of Hat'.ay. South 29 degrees 5 minutes 40 seconds West 80.08 t~et more or less to the ordinary high water mark of Pipes Cove; COUNTY OF SUFFOLK ~, ss: STATE OF NEW YORK / C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .... L~.., .~/,~.~. .....~ ....... ~.._.~; weelgr successively~cqmmencing on the ............ ~./....~.. ....... '~ .......... / . dayaf .... ~ f.~.., .~,.~.:~,..~ ........ I t2~.. ,z'. · .. :'-.- Sworn to before me thi,q ........ ./:.,./.. ......... day --! - ;. ..............' .............. lqot~n=~ Publl~ , RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of v,t,lc ','.v,. ~,1 k,e~ Yor~ beginning the last course being ~,e~. described by a lie line only as ~i~, L::: :ti'~l~ · North 46 degrees 30 minutes. 00 ,on seconds West 35S.53 feet, to the point or place of BEGINNING. PARCEL B: All that certain tract or parcel 9f land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, improvements and boildings thereon, situate, lying and being 'at Greonport, in the Town of Southold. County'of Suffolk ahd state of Now York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark pf Pipe,s Cove distant on a course North 46 degrees 30 minutes 00 seconds West 355.53 ' feet from the southwesterly corner of land now or formerly of Harvey {said point being the southerly point .of upland conveyed by J. & J. W. Elsworth Company_to Franklin C. Ashby by a deed dated January 9. 19S6 and reCorded January 9, 1956 in the Suffolk County Clerk's Office in Liber 40SI Cp 2S$ and; II,INNING THENCE along the ordinary high water ma~k of Cove. in a general s~alhwesterly direction 'to land now o? formerly of HaireX,. a d~ measered by'a tie.-I' ,n~.: ee~,b~ e(' cburse,. · South 46'd~j.,~. SMnute~ 00 seeond~' Fast ~'ar~.s;}..,.~;' RUNNIN(~ .THENCE;~}lo ;'t~ waters ol~-' ~ angles to said mark in a a distance ~ [O6,~fu~l~.; ' ' THENCE North minutes 00 seeond~We~" a distance of about 340~f~:ihe · land under th{'wa,ter ~ry J. & J. W. 'Elsw6r~b:~':to aforesaid;..., ,, , minute~:20.' ~$ F, mR~.about 10~ .eet:,e.a~.., ~ or place of heard on tl~..al~.,. 1 Suf£olk County Department of Wlanning Veterans Memorial Highway Hauppauge. N. ¥. 11 787 Attention: Z.~. Gerald G. Newr~an, Chief Planner Re: "Southold '~esins Tnc.". Chan~e of Zone Dear ~h~. NeT~uan: PILVSl~8~lt to Sections 1323 to 13t2 of the Suffolk County Charter, and notice stipulated in Informational Bulletin No. 8 o£ the Suffolk County Planning Co~uission, we eub~t the follo~ng for your review: 1~ Aoplication of Southold Hesins, Inc. for Change o£ Zone. 2) Letter fro~ County PlenninE Co~muission to Mouthold To~n Clerk - June 6, lqTh. 3) Letter fro~ New York State Department of Mnvirornuental Conservation to Irving L. Price, Jr. - ~y 9. 197~. h) Village Pl~nnin~ Board ~nutes of Aoril 10. 197h. 1 of 2 Suffolk Cot· y D[ . of Wlanning 'uly J, 1 97h ~) Village Plnnning Board ~.Iinutes of ~ay 6. 197h. 6) Findings of Village Plannin2 Board - ~.Lay 6, 197~. 7) Findings of Southold Town Planning Board. 8) Presentation of GeorEe C. Stankevich, attorney - ;,~y 29, 1974. 9) ~.~ao of 19h9 Zoning 10) VillaEe Board ~ublic Hearing - ~.~y 29, 197~c; which was voided. 11~ Village Board Public Hearing- July 2. 197h. These premises are in the Village of Greenport and the To~n of gouthold &nd simultaneous OroceedlnEs have been brought with the Village and the To;n~ fm~ suitable rezoning. Tf I can be o£ further service, please call. ~yor J~seoh Townsend~ Ail VillaEe Trustees Irving L. Price. ,Yr. George C. Stankevich Town Clerk - Southold Frederick J. Tedeschi Very truly yours. ,:?JoYm [,. Peckham Clerk 2 of 2 EqFF ~]B ! " .'N :~LERK Tl-I W ~,J ? , TH~LD i']'.-,-[ C! crk ': f:' 'ITHOLL, SoUI'HOLD, L.. I. N. Y. 11~1 %'h_s is uo al'knowledge recei[~t of ~,'ricten rotz,:~ ,; proposes amendiF, enL to the Southol:i T~/~-.'~: ouildi_:~d Zon,~ Ordfnance. PuDfic Hearing to be held on the 3,3uh dt" , .~ July, 1974 at S:0J o'clock in the e~'eniRq. I{zndlv szgn the duplicate co[;y of iris returrl to this office in the self-ad;kessed enclosed. .~* lber t ~V. Richmc Tc,.vq C 1 oL'k To~;n of Riverhead To?,m of Shelter Island Town of Southampton To~Fq of East Hampton/ %il]~g~ of G=eenpo~L Village of Dering Harbor Th.Ls Ls to acknowledge receLpt of writteu proposed amendment to the Southo/d To~]~ Ordinance. Public Hearin.~ to July, 1974 at 8:00 o'clock in the evening. Kz,dl'. sLgn the duplicate cu~:. reYurn [:o this office in the self-atdzes'_~,2d enclosed. AlherE IV_ R±r hmon.A ~uan Clerk cc: Town of Riverhead To%m of Shelter Island Town of Southampton ToWT~ of East Hampton ~=z~cid= 0£ G.ceenport t/ Village of Dering Harbor This J s to auknowledge receipt c,~ w£i~te:-t ]onice propo~ea amendment to the Southold ri':?,.T~ Euiidin: Ordinance. Public Hearing Uo be held c.R the 30~h .ia.' ," July, ]_974 at 8::}0 o'clock in the c"e~ Kzndly sign the duplicate copy of this looter ar, d return to uhis office irt ti~e self-addressed en~ lo,De eric losed. Albert :V'. Ri,shin.mn:, Town ,2 ierk cc: Tov.m of Shelter Zs!and~/ Town of Southampton To.un of East Hampton V~llage of Greenporu Village of Der, lng Harbor _/j_ 74 This ',s to acknowledge recoipt of written ~,ctico ;2 proposed arL~endm,':nt to the Sou~hold T,~,'n Bulld~n Zoot, Ordinance. PHDAi. c Hearing to be held c,n the 3,};i ,~dTM ,h Jaly, [?76 at 8:,J0 o'clock ].n the eveninG. Kil-,d!l sign the duplicntL' cops' ~'t ti:is let. Let re~lrn ~o this office in the ~ell-addr~ssed env< T,D~;m S~erk cc: Town of Riverhead~ Tc, w~ of Shelter Island Town of Southampton To~} of East Hampton Village of Greenport Village of Dering Harbor OFF RK SOUTHMILD, L. I, N. Y. 11971 Gentlemen: This is to acknowledge receipt of written notice of proposed amendment to the Southold Town Building Zone Ordinance. Public Hearing to be held on the 30th day on July, 1974 at 8:00 o'clock in the evening. Kindly sign the duplicate copy of this letter and return to this office in the self-addressed envelope enclosed. Very truly yours,? Albert W. Richmond Town Clerk cc: Town of Riverhead Tow~ of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AME~D ZONING ORDINANCE 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 th~ 30tt~ day of July, 1974, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 8:00 P.M. (E.D.S.T. Agricultural District to by changing from "A" Residential and "C" Light Industrial District the property ~f Southold Resins, Inc. situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly 'bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, with the buildings and improvements thereon being at Greenport, in the Town of and State of New York, and bounded erected, situate, lying and Southold, County of Suffolk and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly ccrner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company tc Franklin C. Ashby by a deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk ICounty Clerk's Office in Libor 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 32° 41' 20" East 165.19 feet to a concrete monument set on the Legal Notice Page 2 westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7: 18' 40" West 230.00 feet to the northerly point o~ land now or formerly of Harvey; THENCE along the northwesterly line of said land now or formerly of Harvey, South 29° 5' 40" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly directicn to the point cr place of beginning the last course being described by a tie line only as North 46° 30' 00" West 355.53 feet , to the point or place of BEGINNING. PARCEL B: Ail that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, 'ltogether with the structures, improvements and buildings thereon, ,, situate, lying and being at Greenport, in the Town of Southold, .'County of Suffolk and State of New York, bounded and described as fcllows: BEGINNING at a point on the ordinary high water mark of Pipes ,l!Cove distant on a course North 46° 30' 00" West 355.53 feet from ill,he southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by J. & J. W. IIElsworth Company to Franklin C. Ashby by a deed dated January 9, 111956 and recorded January 9, 1956 in the Suffolk County Clerk's I]Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes !~ove in a general southwesterly direction to land now or formerly I~f Harvey, a distance measured by a tie line only on a course, llSouth 46: 30' 00" East of 355.53 feet; Legal Notice Page ~ EUNNI~G THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46° 30' 00" West ~ distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33° 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294, page 370. Excepting therefrom such of described premises as are located in the corporate limites of the Village of Greenport. Any person desiring to be heard on the above proposed amend- ment should appear at the time and place so specified. Dated: July 11, 1974 BY ORDER OF TEE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISE ONCE~ ~ULY 18, 1974, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD T~WN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 11, 1974: The Lon~ Island Traveler-Mattituck Watchman The Suffolk Weekly Times Supervisor Albert M. Martocchia Irving L. Price, Jr., Esq. Village of Greenport Dering Harbor Village Town of Shelter Island Town of Riverhead Town of Southaalpton Town C~ ~a ?- ];~r~ton Ju~e 18, 1974 Mr. Albert Richmond, Town Clerk Town of Southold ~in Road Southold, New York 11971 Dear ~Lr. Rlchmond~ Enclosed is a copy of the No~ice of Hearing in the matter of the Petition of Southold Resins Inc., for a change, modification and amendment of the Zoning Ordi- nance of the Village of Greenport, New York. Very truly yours, hn L. Peckbam Vlllag~ Clerk- Treasurer JLP ~ mlw Enclosure Notice of Public H~arinK Pkd~SZ ~Lr~ NO?IUS that ;~ ~ublie Hearing will be held by the Village ~a~ of the Village of Greenport on the 2nd day of July, 1974 at.8:00 at 236 Third 3treet, Greenport, Ne~ York, to hear all p~reona interested in the &~endment to the Zoning Qrdinance of the Vill~g~ of Greenport, New York. as followel 3y amendln,{ the Zoning Ordinance of the Vill~g~ of Greenport, Suffolk County, 2{ew York and the Zoning ~,~p, fornln~ a part thereof, by changing from R-1 One Fa;aily hesidencs :)ietrlct to C~nzercial General CG District, the re~%l property described below~ ~u~ that certain tract or parcel of land, with the bulld[ng~ and lmprovement~ thereon erected, situate, lying and being at Greenport. in the Town of Southold, Ce~ty of Suuffolk and ~tats of New York, and ~unded and described as follows~ BEGINi;INC at & point on the oz~iinary b-tgh water hark of Pipes uove, distant on a course North 46° 30' 00" west 355.53 feet from the ~uCh- westerly corner of land now er formerly of l~rwey (maid point ~ing southerly point of upland conveyed by the J. & J. W. ~%sworth C~mpany Franklin ~. Ashby by ~ deed dated January 3, 1956 and record~ ~anuary 9, 1956 in the Suffolk County Clerk's Office in Libor 4~51 Cp 225 ~nd RUNNING T.~NCE along land of Ashby North 64° 15' ~" East 183.37 feet tea point marking the southwcsterly cezner of la~ of Greenhalgh, TH~{cE aloeg the southerly line of lar~l of Greenhalgh, South 82° 41' 20" ~ast 165.19 feet to a concrete monument set on tho westerly line of ~Ixth S~Stl 'i11F2qCE along the westerly line of Sixth Street. South 7° 18' qO" West 2~0.00 feet to the northerly point of land now or formerly of Harveyl THENCE alo~ the northwesterly 1Xne of said l~nd now or formerly of Harvey, South 29u 5' 40" west ~.08 feet ~ore or less to the ordinaL-y high ~ater mark of Pipes Corel -2- RUNNING TII~NCE a~ong the ordinary high water m~rk of Pipes 6eve in a genex~l northwesterly direction ~ the point or place of ~n~ng, ~he co~e ~$ng descr~ by a tie line only a~ North ~6° ~)' O0" ,/e~t 3~.~3 ~eet, to the point or place of B~CINNING. PAH~.&L B~ iLL that certain tract or parcel of lan~ now or formerly under the oz~inary high wa~r ~ of P~pen Cove, together with the ~tructurea. ~rov~m~ a~ bulldin~ t~on, sit. ts, lyi~ and ~n~ a% Greunport, the To~ of Southold, ~ounty of Suffolk =n~ S~te of New York, buun~ol ~scrl~ a~ foll~ws~ BEGINNING at a point on the ordinary high water :~rk of distant on a course North 46° JO' 00" West 355.~) feet X~rom the ~outh- westerly corner of land now or formerly of ~e.~ (said point ~lng toe sout~rly point of uplx~ convey~ by J..~ J. 'J. Elsworth Compa~ 1956 in the ~folk County Clerk's Office In Liar ~51 HUNNI]IG ~iENCE alone the ordinary hish v~a%er m~rk of Pipes Cov~ in a general south, esterly direction to 15nd now or f]rmerly of }~rvey, a dis- fence measured by a tis line only on u course, ~3uth ~6° 30' 00" ~as~ of z RUNi;ING ~NCL into the waters of Pipes Cove at right mngles to said ordinary hijn w~ter r~rk in a southwesterly direntlon 5 distance of 100.00 feetl THENCE North 46° 30' 00" *est a disu~nce cf abc, ut 340 fee% ~o tSe mout~torly line of a grant of land ~nder the water conveyed by J. & J, W. Elsworth Company to Franklin C. AshOy in the deed afore~alal ~C~-' North 33° 43' 20" '~st ab~n~t ~06 f~et ~o the point or place of BEING A~';D I~T.i:OED ~0 3~ tho sa~e pr~misea convoyed to the Landlox~is, AFJiIANDO (L~PPA and J;J~ES F. HOM;:N, by Due~, dated Janus/7 8, 1968 an~ recorded in the Suffolk County Clerk's bf£i¢o ~.t Libor 62.o4, page 37%J. ~xcepting therefrom such of demerihed premisem am ~e located outmide of the corporate limits of the Village cf ~reenport, June 11, 1974 XT 13 By order of the Village Boari, Village of Creenport John L. kockham, (:lerk-Treasurer COMMISSION Seth A. Hubbard Chairman Lee E Koppelman Director of Planning Suffolk County Depaztment of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y- 979-2920 June 6, 1974 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "Southold Resins, Inc." for a proposed change of zone from "A" Residential to "C" light Industrial, Town of Southold (SD-74-8) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Plamning Commission on June 5, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action disapproving this change of zone: Be It Resolved, that the above captioned change of zone is disapproved for the following reasons: 1. It is inconsistent with the Town Master Plan which designates this parcel for single family residence use; 2. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot ~ning"; 3. It is contrary to previous Town and Plamming Board actions which eliminated the former industrial zoning classification; 4. It is inconsistent with the single family residence character of the locale and would necessitate access via local residential streets; 5. It would tend to establish a precedent for further downzonings in the locale and along the shorefront; Southold Resins, Inc. Town of Southold Page 2 SD-74-8 6. There is no guarantee to preclude a change in use or an intensification or expansion of said facility; and 7. The intended manufacturing use does not necessitate waterfront access- ability as a marine related use. Very truly yours, Lee E. Koppelman Director of Planni~ Chief Planner GGN:fp cc: Planning Board IRVING L. PRICE, JR. ATTORNEY' AT LAW 238 MAIN STREL='T GREENPORT, L, I., N. Y. 1 I 9.44 AREA CODE: 5 ! 6 TELEPHONE 477- f O16. May t3, t._9.74 Suffolk County Department of i': tanning Veterans Memorial Highway Hauppauge, L. t., New York !!787 Zoning Action: C]Z Res. ~. to Lisht industrial Petitioner: "Southold Resins, Inc. M'un. File Gentlemen: Pursuant to your letter of April 24, 1974, to the Town of Southold, 1 enclose herewith letter of ~]ay 9, 1974, from the New York State Department <ff Environmental Conservation, which indicates that ~o title wetland _permit is necessary. I. would therefore appreciate your proceeding with your processing of this ~pptication and returning the same to the Town of Southoid. If you will check your files, you_ will see that these prem- ises are bisected by the Village of Greenport westerly boundary lines and simultaneous proceedings have been brought with the Vi[l.~ge and the Town for suitable rezoning. iLF:JY E nc los ure Very truly yours, 944 New York $1ale Deparlmenl of Environmenlal Conservation Region 1 Environmental Analysis Unit Building 40 State University of New York Stony Brook, New York 11790 James ~. Biggane Commissioner May 9, 1974 Irving L. Price, Jr., Esq, 238 Hain Street Greenport, New York 11944 Dear Mr. Price: We are in receipt of your letter concerning the proposed razonimg of the property at the foot of west side of Sixth Street, Greenport. Presently, the Tidal Wetlands Act only covers actual physical alterations on tidal wetlands or waters or within 300 feet of them. Your request for zoning reclass~ficatieu will, therefore, require no Tidal Wetland Permit from this office. Yop~r s truly, Alternate Local Permit Agent RLH:jlc April 75, 197~ Mr. irving L. Frice. Attorney F.~a in o t.i_'. :~. e t Oree. n?.ort~ L.~'. ~ '~... ~.. Dear ~nclosed ot,-..'.~aso find. co~)y of a lett~r we recc;ive,a ~ '~ .,~ zone a end of 6st ~ Green~ orr, Apparently t~.ey ~.,~ant somt~u~tlE:in writing irc..:~ .~) ~.C. their records. Please. '~ '~z ~ii~'i~ you can get from D .:~,'~:-.C. our re~.,~.r t?a ~-'~tt3~ " Yours truly Buildin~.o inspector COMMISSION Suffolk County Department of Planning JOHN V.N. KLEIN, County Exocutive Town of Southold Town Clerk [/eterar~ Memorial Highway April 24, 1974 Hauppauge, L. L, N. Y. 724-2500 Dear Zoning Action: Petitioner: Hun. File No.: C/Z Res. "A" to Light Industrial "Southold Resins, Inc." P,,rm,,mnt to the reauirements of Sections 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 CH~F PLANNER The fol!owin? Resolution was adopted by the Suffolk County Plannin~ Com~ission on October 3, 1~73. RESOLIFf IO'_:: PFOC~L~.3_L A;~_'!D:~FfS TO Sb'FFOLX COIFTrY PLME~I.~'C- CO:~ISSIO'.! ~EVIEU OF PROPOSED ZOL~IL~G ACTIOi:S .~JD FI;;AL SlrDDIVISIOi-'' PLATS I!~ b~r~EAS AFFECTE~ BY ~tE "TIDAL t.~_TL,li.rDS ACT" }~LE P~AS, ;/H.E~J~AS, 'RESOLVED, the State of i!ew York has passed an Act kno~-m as the "Tidal ~etlande Act'~ to protect and preserve tidal wetlands, and the said act went into effect on.September l, 1973, and all lands lying between the one fatho~ line and 100 yards or more, in from the edEe of the wetlands will be directly affected by thc act and subject to administrative procedures of the I~w York State Department of Environmental Conservation, amd The Suffolk County Plannine Commission is required by the pro- visions of the Suffolk County Charter to revie~ all zoning actions and land 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 chances in land use and development of the tidal wetlands, Therefore, Be It That the Suffol!: County Plannin~ Commission hereby amemds its procedures in Informational ~ulletin :;o. S as follows: The Suffolk County Planning Cor:~Ission will mot accep~ for consider- ation nor review any proposed ZontmM Action, Variance, Special Permit or Subdivision Plat in any area affected by the "Tidal ~!etlands Act" that is referred pursuant to Sections 1323 to 1333 inclusive, of the Suffolk County Chzrter unless the referral contains a copy of a letter from the flew York State Department of Environmental Conservation stating that it has mo objection to the proposed application. Mr. $oPm Peckham, Clerk-Treasurer ¥tl!age of Greenport Gird Street Greenpo rt, Ney; York 11944 Dent '4r. Peckham: I am enclosing a copy of a letter to the Southold ~'own Board indicatin~ the recommendation of the Southold Town Planning Board to them on the change of zone petition of So,.ithold Resins, Inc. We have re£erred this matter to the Suffolk i~ounty Planning ~:ommission flor their determination. Yours t ru fy, ~riel Brush, Secretary Southold Town Planning Board ~nclosure Southold Town Planning Board SDUTHOLD, L. I., N. Y. ll9?l PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle April 19~ 1974 Southold Town Board 16 South Street Greenport, New York 11944 Re: Southold Resins, Inc. Change of zone request Gentlemen: This is to inform you that the following action was taken by the Southold Town Planning Board at a regular meeting held April 16, 1974. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was ~LESOLVED that the Southold Town Planning Board recommend to the Southold Town Board approval of the petition requesting a change of zone on certain property situated at Greenport, New York, from "A" Residential and Agricultural District to "C" Light Industrial District. This recommendation is based on the fact that the premises are presently improved by a long existing oyster plant. Under the previous zoning ordinance it was zoned industrial and has existed in present condition prior to any zoning ordinance for the Town of Southold. It was operated as an oyster plant and has been continuously used since for storage. There will be no change in the outward appearance except regular maintenance. The property will be used as a resins manufacturing plant and boat basin. The Planning Board feels this is good use of this property. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. Yours truly, Muriel Brush~ Secretary Southold Town Planning Board TOWN CLERK 76~i-3783 Building Dept. f Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Sou,hold, N. Y- 11971 Pursuant fo the General Municipal Law. Cha~er 24. of the Consolidated Laws. Article 12-B. Sections 239-1 and m. the PI.I~ Bi. rd ..... of the +own of Southold. N. Y. hereby refers the following (agency involved) proposed zon ng action fo fha Suffolk County Planning Commission: (check one) New and recodified zoning ordinance Amendment fa t-he zoning ordinance · . Zoning changes .. Special permits .. Variances Location of affected land: . ~e~t!~ .$~l~.~d .TO~ ............................... within 500 feet of: (check one or more) ~ Town or village boundary line State or county road. parkway or expressway ... Sta,e or ceunty park or recree,lon area Stream or drainage channel owned by fha county or for which the coun,y has es,ablished channel ....... Sta,e or county owned parcel on which a publ;c building is ~i,ua,ed ~ ~bold ~ J'lm~mifqt Blmrd r~ i~l ~ ~ ~Atl~ isignid) ................................ Title Date received by Suffolk County Planning Commission File No ...... March 22, 1974. Town Clerk, Town of Southold, Soutbold, New York 11971. Re: Application of Southold Resins, Inc. for a Change of Zone Dear Sir: I enclose herewith two sets of five each of the necessary maps in connection with the previously filed application for rezoning of the property located west of Sixth Street in the Village of Greenport and in the Town of Southold. We have prepared tile same copies for each application and trust that this fact will be noted in any transmittal you make to Suffolk County, assunxing sa~ne is necessary. I would appreciate your attaching these copies to the application which, as I say, was previously filed. ILP:SS Enclosures Very truly yours, OFFI[ RK ALBE~T W. RIE:HMrIND SFiUTHnLD, L. I, N. ¥. 119'71 March 21, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Cutchogue, New York 11935 Dear Ivy-. Wickham: The original petition of ~outhold Resins, Inc. requesting a change of zone on certain property situated at Greenport, 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 yours, / .... ./ Albert ~. ~±ohmo~ Town Clerk March 18, 1974. Town Clerk, Town of Southold, Southold. New York. Re: Application of Southold Resins, Inc. for a Change of Zone. Dear Sir: On behalf of Southold Resins, Inc., I enclose here- with a Petition addressed to the Town Board of the Town of Southold requesting a change of zone oa property located on the west side of Sixth Street in the Village of Greenport for the part of the old Elsworth Oyster Company located in the Town of Southold adjoining the Village of Greenport. I have also filed a Petition with the Village of Greenport for a similar change of zone. Also enclosed herewith is my check made payable to the Town of Southold in the amount of $100.00 for the filing fee as re- quired by the Zoning Ordinance. I also enclose herewith photostatic copy of letter of March 5th from James F. Homart revealing ~he fact that he is one of the landlords of these premises and is also a Councihnan of the Town of Southold. I have ordered tile usual zoning change maps from Van Tuyl for both the Town of Southold parcel and the Vii[age parcel and will submit the part pertaining to the Town as soon as I have received th~m. I would appreciate it if you would advise me of the date and time of the meeting of the Planning Board when this matter will be considered by that Board. Very truly yours, Enclosures 670O TEL PI='CONIC; ,4 - ~5702 PECONIC BAY SCALLOPS · WHOLESALE SEAFOODS FRESH - FROZEN Main ROAD CUTCHOGUE. L. I.. N. Y. 11935 ~'~arch 5, 1974 Irv~'g L. P'~ice 238 lain ~ Greeuport, N.Y. 119~J+ bea~ Irvi n.-;: mjith regard to any action yoy ~.~y bo taking with the property at the end of &i;~h ttreet, I wish the follouing infor~ation to be inclui~ad uith s, ny papers you ~rill present to various levels of go,:~rr~ent involved in these proceedings: "In co~.pliance ~rltb the U.Z. ~tate General ~Mnicip~l La~ lrbicle 18 ~ec. 803 (Disc!osU~e of Int.~rest), ! ~ hereby sub~tting the follm~ng info~'ation ~th regard to zone change w~imnces or other actiono for the ~oppa ar~ Hogan proI, crty ~ the e~ of Sixbh f'treet, Greenpo~. I, Jm.~cs F. Homart, an an e~rployee of the Tram of Louthold~ sci-;lng on the douthold '£o;;n Board. ?here is no one else t~aving any interest in this property that is in bbc employ of ~I; ;mnicipal gover[~rent body." you. ~incerely, g~a~ues F. ttonan STATE OF NEW YORK: TOWN OF SOUTHOLD In the Matter of the Petition of Southold Resins, Inc. for a Change, Modification or An~endment of the Zoning Ordinance of the Town of Southold, New York. PETIT ION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, NEW YORK:- 1. Petitioner herein is a domestic corporation maintaining its principal place of business at c/o Van RI. Taggert, Minnehaha Boulevard, Southold, Town of Southold, Suffolk Cotmty, New York. 2. That petitioner, as lessee with option to purchase under lease with Armando Cappa and James F. Homart, as landlords, of real property generally described as follows, to wit: PARCEL A: ALL that certain tract or parcel of land, with the buildings and improvenTents thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high xvater mark of Pipes Cove, distant on a course North 46° 30' 00" West 355. 53 feet frown the southwesterly corner of land now or formerly of Harvey (said point being the southerl5 point of upland conveyed by the J. & J. W. EIsworthCompany to Franklin C. Ashby bya deed dated January 3, 1956 and recorded January 9, 1956 in the Suffolk County Clerk's Office tn Liber 4051 Cp 225 and R13NNING TI:FENCE along land of Ashby North 64° 15' 30" East 183.37 feet to a point marking the southwesterly corner of land of Greenha[gh, THENCE along the southerly line of land of Greenhalgh, South 82° 41' 20" East 165. 19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of Harvey; THENCE along the north~vesterly tine of said land now or formerl3 of Harvey, South 29° 5' 40" West 86.08 feet more or less to the ordinary high water n~ark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general north~vesterly direction to the point or place of beginning, the last course being described by a tie line only as North 46° 30' 00" West 355.53 feet, to the point or place of BEGINNING. PARCEL 13: ALL that certain tract or parcel of land now or formerly under the ordinary high water ri, ark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the To~rn of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed byJ. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded Januar~ 9, 1956 in the Suffolk Count}' Clerk's Office in Liber 4051 Cp 225 anti; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southwesterly direction to land now or formerly of Harvey, a distance measured by a tie line only on a course, South 46° 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46° 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J.~ ElsworthCompany to Franklin C. Xshbyinthe deed aforesaid; THENCE North 33° 43' 20" East about 106 feet to ~he point or place of beginning. BEING AND INTENDED TO BE the same premises conveyed to the Landlords, ARMANDO CAPP:% and JAMES F. HOi\IAN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294, page 379. Excepting therefrom such of described premises as are located in the corporate limites of the Village of Greenport. 3. That the above described premises are presently improved by a long existing Oyster Plant. Said real property is presently located in the A Residential and Agricultural Districts under the Zoning Ordinance, and Zoning Map of the Town of Southold as amended, bttt under previous Zoning Ordinance was zoned as Industrial and had existed in present condition prior to adoption of any Zoning Ordinance for the Town of Southolc~ and was operated as an Oyster Plant and has been continuously used since for storage. 4. That the above mentioned lease with option of said premises is for any lawful purpose. -2- STATE OF NEW YORK ) )ss.: COUNTY OF SUFFOLK ) VAN RI. T.kGGERT, being duly sworn, deposes and says that he resides at g'I~nnehaha Boulevard, Southold, New York; that deponent is the President of SOUTHOLD RESINS, INC., the corporation nai~ied as petitioner in the within proceeding; that deponent has read the foregoing petition and knows the contents thereof; and that the saiile is true to deponent's knowledge, except as to the matters therein stated to be alleged upon inforimation and belief, and as to those nlatters deponent believes it to be true. This verificiation is made by deponent because the peitioner, SOUTHOLD RESINS, INC. , is a corporation. Deponent is an officer thereof, to wit, its President. Sworn to before nae this day of Riarch, 1974. Notary Public -4- 5. That petitioner does hereby petition the Town Board of the Town o£Southold to change, modify or amend the Zoning Ordinance of the Town of Southold together with the Zoning Map Forming a part thereof by changing from A - Residential and Agricultural Districts to Light Industrial District the property described in paragraph 2 oF this petition. 6. Such request is made for the following reasons: The premises which are the subject of this petition, as previously stated, consist of the former ~.lsworthOyster Plant property upon which is erected a large frame structure and accessory building operated as such for man.~ years. That the premises located west of Sixth Street in the Village of Greenport and the Town of Southold is presently oceupied and intended to be operated as a resins manufacturing plant and the boat basin thereon will be used as boat slip rentals, or a marina. There will. be uo change in the outward appearance of present improvements except those benefits derived from regular n~aintenance thus preventing present improven~enfs from possibl3 beconaing an "eyesore" fron, natural deterioration. To grant the change of zone requested herein, would permit the premises in question to be used for the purpose for which it is best suited and would place the property in a use classification simil ar to previous zoning, but in a classification that would not allow many unattractive uses that could be done under previous Industrial Classification. WHEREFORE, your petitioner respectfully requests that the Zoning Ordinance of the Town of Southold, Suffolk County, New York, and the Zoning Map forming a part thereof be changed, modified or amended b3 changing fro~ A- Residential and Agricultural Districts to Light Industry District the real property described in paragraph 2 of this petition. SOUTtlOLD RESINS, INC. Dated: March 1~4. CO Pebruaty 21~ 1974 Irving L. Price, Jr., Esq. Main St:eat Greenport, New York 11944 Re: Southold Resins, Inc. ! am in receipt of yo.4r fetter requesting an appointment with the 3oathold Town Plann£ng ~oard ce the above-captioned matter. The next meeting o6 the PLanning Board will be held on March 14, 1974 and I have set aside 7:30 for Four appointment. Yours truly, r~riel Brush, Secretary Southold Town Planning Board February 20, 1974. Southold Town Planning Board, Southold, New York. Gentlemen: On behalf of Southold Resins, Inc. and pursuant to Section 100-133 of the Southo[d Zoning Code, I request notification of when it would be con- venient to have a conference with your Board pursuant to such section. f would appreciate such a conference as soon as possible. ILP:SS