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HomeMy WebLinkAboutBrown, Edna A.WHEREAS, a petition wss heretofdre filed with the Town Board of the Town of Southold by Edna A. Brown requesting a chan§e, modification and amendment of the Build- ing Zone Ordinance including the Building Zone Maps made a part thereof by changing from "A" Residential ~nd A~ricultural District to "B" Business District the property described in ssid petition, and WHEREAS~ said petition was duly referred to the Planning Bo~:d for its f~nvestigation, recommendation ~nd re- port, ~nd its report hsving been filed with the Town Board, snd theresfter, a public hearing in relation to said petition h~ving been duly held by the Town Board on the 25th d~y of November, ~o57, ~nd due deliberation heving been had thereon NOW, THEREFORE BE IT RESOLVED that the relief demanded in s~id petition be , ~nd it hereby is denied. A. HALSEY BROWN Licensed Real E.~tate Broker January ~I, I958. 8outhold Town Board South Street Greenport, L.I., New York. ~entlemen: In reply to your recent letter re- questinE information as to what my plans are in connection with the re-zoning of my property situate at the Eastern end of Greenport, an& lying immediately West of and adjacent to, "Skipp- ers Lunch Room" and across from Elng's Gas statiin, will say that I am planning to plan, construc~ and maintain a gas station on the premises. I might say, fuEther, that I am now requesting from the State ~ighway Department that the t~ree rotten maples on the highway in front of the property in question be removed from the premises. V~y truly yours PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD Greenport, N. Y. November 25, 1957 Present : NORMAN KLIPP, Supervisor HENRY A. CLARK, Justice of the Peace RALPH TUTHILL, Justice of the Peace LOUIS DEMAREST, Justice of the Peace LESTER ALBERTSON, Councilman RALPH P. BOOTH, Town Clerk R. G. TERRY, Town Attorney HOWARD TERRY, Building Inspector. APPLICATION OF EDNA BROWN SUPERVISOR KLIPP: The matter of Edna Brown was put over until tonight for further consideration, and I recommended that she be present. A question arose, Mr. Brown, what the property was to be used for. MR. BROWN: Well, I tell you, we bought this property here about four years ago, and I sold half of it to Skippers for his restaurant, and a little later we sold the house to a family from Albany. We were always sorry that we sold it. So last February we bought it back again especially for the purpose, it being in my opinion good business property. Of course, however, zoning was adopted some time along in April, and we would like to have that appear on the Zoning Map, to appear as business property. Now, we have next door as we said before, the restaurant, and across the street we have a gas station which has been there for some time. We were approached around June 1st by a couple from the west end of the Island for a little restaurant and delicatessen, and possibly sell ice cream, etc., homemade salads, beans, etc. They thought they would put a restaurant place out front and live in the house. However, that hasn't gone through. We have been approached three or four times on a gasoline station site. That is a good location for a gasoline station. It is on the right side of the street, on the north side going west, and the station across the street does a wonderful business. I was told by the Long Island Ice, who owns the station, while they own the land, they lease it, and naturally that was one of their best stations. I make my bread and butter in dealing in property and as I said 'before, we were sorry we sold it and glad to get it back again, and would like to have it zoned for business. SUPERVISOR KLIPP: The two other pieces, the Skippers Fish and Fry and the gas station across the street, are zoned Residential, non-conforming use; and not zoned as business. MR. BROWN: It is business property. I don't care what you call it. SUPERVISOR KLIPP: Well, that was the only question that arose': what it was to be used for. MR. BROWN: Well, the facts are it will be used for a gasoline station, that is what it will be used for. You have business right next to you and across the street, and I can't see personally anything to have any objection to it. SUPERVISOR KLIPP: Well, Mr. Wiggins? MR. WIGGINS: I don't know. It is all a residential section in there and we might have a gasoline station today and tomorrow it might be sold for some other purpose, and it is Just such a small place in there. It would kind of set a precedent for a 100' lot there to be used for a gasoline station. It seems rather small for a gasoline station. And there is all the farm land around there, and some day it may be used for residential development there, and will you want so many little small business in that one spot? Of course, in back of Skippers, he has a house, and that is partly residential and partly business, I suppose you would call it. So it is just going to set a precedent and the next fellow the other side of us may want the next lot for business, I don't know. I would rather see it kept residential myself. SUPERVISOR KLIPP: Mr. King, do you want to say some- thing? FLOYD KING (East Marion, N.Y.): I haven't much to say. It seems to me that the property as I understand it, that Skippers has the fish and fry there and also the gas station are residential non-conforming uses. SUPERVISOR KLIPP: That' s right. MR. KING: Where is the next piece of business property, the next piece to that? SUPERVISOR KLIPP: East Marion. MR. KING: In other words, as far as the business zone is concerned, you are starting an entirely new business zone as far as the zoning map is concerned. Am I right? SUPERVISOR KLIPP: I am not sure of that. Is all of the business in East Marion that now exists? MR. HOWARD TERRY: It is all now non-conforming except down by Dan Pond, and nothing else until you get way up to Greenpor t. MR o KING: It seems to me that the intent of our Zoning Ordinance was to keep business in a confined area, and not get business, industry, and everything else mixed into residential areas. If we start a precedent, it seems that we are starting another precedent, if this property is zoned business; that the Board is letting the foot get in the door to undermine the intent of our Zoning Ordinance, which as I understand, was to keep the business more or lesa together. MR. BROWN: Of course, you are talking phraseologies here instead of actual facts. The property is in both cases, has been 'business property. You can call it anything you want to call it -- has been business property for upwards of thirty years. You say it is non-conforming business property. You can write anything you want on the map. There are places that you are familiar with, I can show you projects right in residential areas where the party got his property zoned B right in residential, no business property near it at all. At least I have across the street non-conforming business property. Other people don't have business within a mile and a half and they have theirs zoned business. What is sauce for the goose is sauce for the gander. I want fair play. I wasn't left with any money. I had to struggle to feed my kids. SUPERVISOR KLIPP: Were tho.ce places zoned business when the map came out, or was it applied after the map was establish- ed, and the map was changed? Tc me that is quite a point, whether it was established as business at the time. We all know there are discrepancies in the map itself. I think every member of the Board agrees that there are places that are business and should not be business and there are parcels in business that should be residential. I mean no man is perfect, but when we go to change that map, and we are starting to set what I consider to be precedents. MR. BROWN: You have other places throughout the town- ship where there are no business around.. The Zoning Ordinance was adopted for those there. M~. KING: : But those, what are they; non-eonformin~ use? The minute, as I understand it, I might be wrong, the minute a non-conforming use goes out of business for two years, it has to apply for a business to start business again. SUPERVISOR KLIPP: That's rlght. MP~. KING: Right at the present time we have no business there. It may not be business five years from now. MR. BROWN: It makes a difference which foot the shoe fits on. I am just telling you my side of the story. I am trying to look out for my welfare. Nobody else will look out for me. So I will leave it that way. SUPERVISOR KLIPP: Is there anybody else that has anything to say on it?- (There was no response.) SUPERVISOR KLIPP: We will close the hearing for the further determination of the Board. ~wmant Co Soetlon 26b of ch, i~u~ L~w) ~nd Article IX o£ She Building Zone O~d~nan~e of Ch. To~ of ~outhold, a publle hearing will be held by the Southold Tom Bo,rd at the ?om Clerk ts O£ft~e. ~aln S~.~eet~ 2ou~old~ New York~ ~. ~e~ber 5, lel~, at ?:00 P.M. on Ch. £ollo~tng proposals ;o uend the Bulldin~ Zone Ordtn~ee (including ch. Bulldin~ Zone Maps) off the Tom o£ ~outhold~ S~f'i~olk Coul~;y, New Yorl~ ~y chan~tn~ f~om %~"~ I~elldentl~l and ~rleultur~l ALL that tr~et o~ parcel of land, ~ttuate~ lyht~ and being at ~attttuek, In the To~ of Sot~hold, Cmutty of ~tfl'olk~ ~nd S~ate o1' Ne~ York~ bounded on the North by land o£ ~f~te~,~ oB tit. ~s~ by ~y Avenue; oa the ~ou~h by ~ecoulc l~y Blvd.; and oa ~he ;est by the Dlstrlet Line. A~ Chat trot or pe~cel of lend aicuete~ at ~t~oaue, ~m of ~.uthold~ ~f~ ~nty, N~w York, ~d~ ~d ~lMd 8CP~ at 'Lhe ~u~weste~ly oome~ o~ the p~'e~ses h~ de~l~d (~ald ~ ~ ~.0 feet n~~ly slde of G~l~n~ Street ~m lt~ ~ters~tlon ~1~ ~e n~t~rly aide of ~ R~d); ~ntn~ ~en~ ~ a nor~her~ d~e~l~ alons the easr- r~nE then~ ~ ~n easterly said land or ~o11~ 1~ fe~ ~o ~he~ land of ~1~ ~ln~ ~~ tn A~L t~st tract or par,el of land situate et Cutehosue~ Tom o£ SouthOld. ~;~ffblk ~y, Mew Y~, ~d~ ~d ~l~d as follo~l PaRC~ 0~{ ~ p~tly ~ l~da of ~rr~t, ~:d ~y by l~da of ~~ a ~ce of ~0 fee~; ~st p~tly by l~d of ~rd~ and p~tly ~ l~d off ~ll~r; ~uth by ~y ,~ve. ~6.~ Feet; ~d ~st b~ land off V~d~~ FAA~ T~O: ~or~h by ~ AVe, ~ feet~ ~re ~ l~$; ~st by l~d of Tom of ~a;~ld; ~ ~ly W ~d~te=s ~ve ~nd ~:ly ~ l~d of O~old; ~nd ~'est by l~d of ~. 4. ALL ~ha~ ~ra~ c~ parcel of l~nd sltuate~ ly]4~ ~n~ beln~ at ne~ Or~o~ To~ of ~holdj ~f~ ~ty~ Ne~ Y~, ~d 8.nd dealed as follo~ Bg~INNINO at ~n 1~ pipe ~:~ ~ the n~t~rly line of Midge R~d (~ 27) ~uC ~0 feet ~sterly From ~el ~e at the ~uth~st ~mer of l~nd of ~ ~g ~d the ~uCheasC ~e~ pr~l~ her~ ~~d~ r~l~ ~en~ sling ~ld normally l~e ~ld~e ~d, S~th ~ de~e~ ~es~ ~ feet ~o ~n l~n pipe; ~h~ alm~ other l~d o~ ~vln ~m'th ~4 ~ees ~ ml~tes ~ se~ds ~sC a~t 4~ F~C ~o o~d~a~ hipster ~k of Ling Isled ~d; ~~ ~hen~ a~g ~ Isled ~md ~ ~5 ffe~ ~ said l~d Any person deslrln£ to be he~rd on the proposeo amendments should appear ut ~he time and place e~e ~o~fl~. D~ed: Novm~ 18~ 19~. SOUTHOLO TOWN CLERK'S O~FICE Sept. 2~, 19~7. ~r. John Wickham Chairman Planning Board Cutchogue~ N.Y. Dear Mr. Wickham; Enclosed herewith original and copy of Petitions of Edna A. Brown~ Angelo G. Petrucci and Georgette Petrucci and Nelson Axien~ relative to change of zone in accordance with Article 1X~ Section 901~ Sub-dJvlsion C. You are instructed to pre- pare an official report defining the condit- ions described in the petition and determine the area so effected with the racommendmtion of your Board. It is respectfully requested that this be given your immediate attention. RPB/mr Very truly yours, Pfalph P. Booth Town Clerk WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ....... ~F;.~f~..~.....J3,~f~:~[~ ........................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from .~,.q.]~.~,~l..~/~;.~,f~.~..~..~,(]~itrict to..]3....]3.u:L.*.~. ............... 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 . .]-P~ ........... day of ...... ¢~1..~ .................... 195~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is c]en'i ec~. II. K. RENN£LL pi[CONIC, [-. I., N. Y, August 12, 1958. ~tt: ~r. Norman Klipp and other officials concerned. I wish to ~o on record (as a votin~ resident and taxpayer of Peconic, New York) as being opposed to the proposed change in zoning fro~ A-Agricultural and Residential to B-Business that parcel of land on Peconic Inlet. As a housewife and mother of three children I feel it would be unfair to our small community to down-grade our beach area. For -any years the local fa-ilies have used this area for swi~ing, crabbing and general relaxation. Be- cause it has been a quiet residential area we have pe~ltted our children to walk and bicycle to the beach to enjoy themselves in a wholesome manner. It ia the place where the Peconic families have gathered to enjoy the beach and waters to- gether. The beach and waters have brought us much pleasure. It has been the ideal place for our children to spend their free ti~e. The change, ms proposed, would certainly be detrimental to our pleasant and quiet residential community. Sincerely yours ~ur~el E. Randall. H. K. RENN£LL pi[CONIC, I_. I.. N. Y. August 12, 1958. Att: Wr. Norman Klipp and other officials concerned. I wish to go on record (as a voting resident and taxpayer of Peconic, New York) as being OPPOSED to the proposed change in zoning from A-AGricultural and Residential to B-Busi~.ess that parcel of land on Will Lane known locally as the "Worthwhile Inn". In the past for ~any years this has been used as a residence for the Bailey and Carroza fa ilies. It should continue to be known as residential property. The change, as proposed, would certainly be detrimental to our pleasant and quiet resi- dential community. Sincerely yours, Howard K. Rennell. Feooul¢, August 11, 1958 Mr. Norman Klipo, Southold Town Board, Southo].d, N.Y. I, as ?ropert'- )','nar and tax- the town of PeconiC, stronw!~ object lant',.al add would like it to be kept as Joh~ SI oao~r in of l~r.s, Ba=lev~S Dro[)~?ty (the old Worthwhile Lodge a~:~l later l~ved in by the Card,so £am~ly for more than 1~ years~ fro.n] r~s~dontlal to busln~ss. This conlmianity aas been rest- C, eor~e Matthew Pec~ni¢. kon~ Island. N. Y. ~eor~'e ~latthe',v Peconic, [.o~' IsJand, N- Y. DR. H. S. RADZIEWI~Z AuiDist 11, 1958 Mr. ';or:man Kl!pp~ So:~t}iol.] To~m Board, Doar Sir: Ne have rece,!tlv invested ~n a new home o:-: ,viii Lane. The slt.~ v/as selected becau~i~ of the quiet and peaceful atmo~Lere for ocrsolv~s an~ for o~ c},~l~ren. fore obj ~ct to an~ n~oF. osefi eham'-e ~f~ich v.,c,~ 1~ 'ncrease traffic ant noise In our do n~ .;leu t' e Bailey property, .Lick was lived In by t]:e Car':ac fa'.ni].v for abclt i:- veers, c)imnzea to b,s' ness location. ~ls area l'ias b~a~; a ~' ~et r~s[ge'-~tlal spot it to %0 ',err ~is such. ;le stron%l}~ object to any pro- nosed rezon~ng allowtnq the ch~;]e of ~rs. to b']~''r}e3s, ',¥~ e~:,iov the "r[vtleTe ::'f th-: Pie~i.ne let it ~tav that Southolcl, L.I., N.Y. \ I WALLACE DUNES PECON~C LONG ISLAND, NEW YORK ~,'.L~,~: ~ ,'- WALLACE DUNES PECONIC LONG ISLAND, NEW YORK August 8th,1958. ~. Norman Klipp, Southold Town Board. l~y Dear Sir:- I strongly protest the rezoning of the Worthwhile property on Mill road Peconic from residential to business, as this has been used for the past ten years as a residence by t:e Carrozza Family. Very Truly Yours, Steve J, D~o Ki. / _ August 7, 1958 Mr. Norman Klipp Supervisor Town of Southold Greenport, Long Island Subject: Amendment to the Zoning Law with reference to the laud of Mr. William Worth on the easternly side of Mill Lane Dear Mr. Klipp: As a taxpayer with voting residence in Peconic, I wish to register as being against changing Zoning Ordinance from resida~tial property to commercial property. You are probably familiar with the fact that we had a running battle to keep the migrant labor camp in this same area from being a nuisance and I feel that any changes might result in the building of a Tavern or a store and will immediately attract these migrants and will result in further depressing of property values in this area. As I leave Southold on Monday nights I will not 'be in a position to attend this meeting to register my complaint therefore I am t~kLng this means of notifying you of how I feel. AFW:mr Very truly yc~ rs, A. ~. Weimann Soundview, Peconic ~' ~ ._ .' ' ~ ., ~.i I --- 'f ~ J-', ..~l Y ' ~'~'~'~ ,~'-" 7'. S~-t~LES A];D SERVICE ~ /' . CASE NO: ........................ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF ~DNA A. BROWN FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD', SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I,. .......... .E..]~!.~..&....A..: .... ~.¢.3.W..~! ..................... , residing at ...... ~.A..S..~..?.,~:.R.~.~.: ......................... (insert name of petitioner) · con_tract v~ndee Suffolk County, New York, the undersigned, am the ~,~ot certain real property situated at S OUTHO~D, ...~.~.Q'.gJ:[~.Q,...I,~...T..F~ TtM*tM ,'~F ./..... and more particularly bounded and described as follows: ..... .',-~.";..f ~ . . .-~-: .... B~,GI.~m~ING B.t the Northwesterly corner of land of Wi].] !am W'ortb on the easterly side of Mill Lane and r~mnning thence Yorth 7~ d grees 14 minutes east to the high water m~rk of Peconic Inlet.; the place of beginning and running No.?th 12 degre~.s 46 minutes West along the easterly side of Mill Lane 100 feet to ~ monument; thence esrterly on ~ line parallel with the first course above set forth through mom~n, ent set o~. the top of the bank of Peconic Inlet to h_i.~h water mark of Peccn. ic Inlet; thence south~.rl..v s].cn~ high water mark of Peconic Ir.~_~.t to the ea~erl.v extre.m~t¥ of the first course ~.bove act forth. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: sO as to ¢~ailge the app!icabl~, use district provisions, snd amend the Zoning l.-Lap of the Town of Southold~ to place the above-doscr!bed oropertM in a "B" Business District, so as to permit the operatio'a, of s restaurant and te~.~ern on t_be premises, i~ the existing building. Said premises are oresently zoned as "A" Residential and ~gricultur'-.~l 3. Such request is made for the following reasons: The btl±lding presently on the premises is d, esigned £or~ and can be employed only as a restaurant or similar estsbl.~.shment. Said building was ir~xistence more than thirty years ago~ and used for that purpose ]Lntil 1036. By oversig~ the _~lanning Commission zoned these premises as Residential~ although a cursory inspection of the building indicates it cannot possibly be used for any other purpose. Petitioner~ a contract vendee desires to emoloy the property as a restaurant~ and requests a change of zone to permit the premises and building to be used for t~. only purpose it can po.~$ible be used £or~ viz a restaurant. A map wi]! be submitted as soon as available (Edna A. Brown) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) EDNA ~. BROWN BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the con- tents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (Edna A. Brown) Sworn to before me this .....1..O.' .... day of ........... REN~SELAER G. TERRY. NO'FAR.¥ PUBI_!C 5TATi: OF {W~_W YORK Re~idincj in Suffolk ~52_3954850 ~Av Commls_~lon e~p{res March 30,