HomeMy WebLinkAboutCasbor, Inc.MINUTES
SOUTHOLD TOWN BOARD
July 26, 1966
PRESENT:
SUPERVISOR LESTER M. A/mBERTSON
J-~STICE HENRY CLARK
JUSTICE RALPH TUTHILL
COUNCILMAN HOWARD VALENTINE
COUNCILMAN LOUIS DEMAREST
Tm~VN ATTORNEY ROBERT Wo TASKER
TOWN CLERK ALBERT W. RICHMOND
Casbor, Inc.
-2-
S[~ERVISOR ALBERTSON: I will open the hearing at this time
by reading the legal notice of hearing.
"NOTICE OF PIEAR~NG ON PROPOSAL TO AMEND ZON/~NG ORDINANCE
"Pursuant to Section 265 of the Town Law and Article IX of the
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York, a public hearing will be held by the Southold Town Board in the
Office of the Supervisor, 16 South Street, Greenport~ New Yor~, in
said Town on the 26th day of July 1966, at 7:30 P.M. o'clock in the
evening of saidd~y 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
"B-2" Business District the following described property:
"Ail that certain plot, piece or parcel of land, situate lying
and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as followings:
"BEGINNING at a monument on the northerly side of the main Road
at the southeasterly corner of the premises herein described and
the southwesterly corner of land now or formerly of Wilson, from said
point of beginning running along said land uow or formerly of Wilson,
North 24 degrees 04 minutes 20 seconds West a distance of 711.70 feet
to a monument and land of Long Island Railroad; running thence along
said land of Long Island Railroad, south 44 degrees 43 minutes
-3-
50 seconds West a distanc e of 316.89 feet to land now or formerly of
Wilsberg, formerly of James ~ Young; running thence along said land
now or formerly of Wilsberg, two courses and distances: (1) South 21
degrees 56 minutes 20 seconds East 418.11 feet; thence (2) 21 degrees
17 minutes 20 seconds East a distance of 282.60 feet to a monument on
the northerly side of the Main Road; running thence along the nrotherly
side of the Main Road, North 48 degrees 20 minutes 10 seconds East a
distance of 340.70 feet to the monument at the point or place of
beginning.
"Any person desiring to be heard on the proposed amendment should
appear at the time and place above specified.
"Dated: June 21, 1966, BY Order of the Southold Town Board, Albert
W. Richmond, Town Clerk."
SUPERVISOR ALBERTSON~
publication was made of this legal notice.
I will now read the report of the Planning Board.
"Gentlemen: This is to certify that the following action was
taken by the Southold Town Planning Board at a regular meeting held on
June 14, 1966:
"In the matter of the petition of Casbor, Inc., for a c~ange of
zone from "A" Residential and Agricultural District to "B-2" Business
District on certain real property situated at Mattituckw in the Town
of Southold, Suffolk County, New York, and more particularly bounded
and described as follows: (Legal description was not read again.)
There is an affidavit in the file FW indicating
-4-
"IT IS HEREBY RESOLVED that the Southold Town Planning Board does
not recommend the change of zone from "A" Residential and Agricultural
District to "B-2" Business District on the property described above.
"The Planning Board f~-ls that this particular change of zone
would constitute spot zoning. The Board points out that Murphy's
Garden Center, across the street from the property in question, is not
zoned business. The Board further points out that there is no business
zones in the immediate adjoining vicinity.
"Very sincerely, /s/ John Wickham, Chairman, Southold Town Planning
Board."
SUPERVISOR ALBERTSON: At this time is there anyone present ~ho
wishes to speak in favor of this application?
(There was no response.)
SUPERVISOR ALBERTSON: Is there anyon present who wishes to speak
against this application?
(There was no response. )
SUPERVISOR ALBERTSON: Is there ~yone present who wishes to be
heard one way or the other on this application?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, I will close the hearing
at this time for the further deliberation of the Board.
NOTICE OF ~O
ON PROPO6AL TO
A2~qD ZONI. N'O ORDLN'ANCE
T~wn ~w an~ Article ~ of the
B~lding Z~ne ~d~ce ef
T~wn ~ ~u~l~, S~ff~l~
ty, New Ycr~, ~,b~c he~ln~
w~ ~ held ~y the ~u~ld T~w~,
~ at the Offl~ ~f the S~er-
v~L 1~ ~uth Street, Gjeen~rt,
New Y~k, In ~ld ~ on the
~th day of J~, 1~, a~ 7:~
P. M. o'cl~, In ~e eveni~ of ~id
]day, ~ ~ f~l~ ~r~
'amend ~he Bu~ Zone Ordln-
[ ~ce (~dudl~ ~e B~ldl~ Zone
i M~) ol the T~n ol ~u~old,
~uifolk ~o~ty, New York.
~ c~ f~m "A' ~iden~-
'.i~ a~ ~c~r~- D~c~
i~ ~ pr~y:
~ ~t c~ plot, pi~e or
~1 of Mhd, ~tua~, l~g ~d
~ ~t ~tti~k, To~ of
~old, Co~ty of S~Io~ a~
Sta~ of Hew Y~k, ~u~ and,
d~c~ ~ follo~:
~G at a mon~ent
t~ n~erly ~e ~ ~e ~n
Ro~d at the ,~uth~rly ~er
of ~e ~em~ ~ln d~rl~d
~d the zou~w~ly co.er
,l~nd n~ or fom~ly of Wll~n,
[ from ,~ld ~int ~ ~i~ ~n-
I ~ng along ~id l~d ~w
or Io~erly of Wason,
24 de~s ~ m~u~s 20
~ W~t a ~ of ~11.~0
~f~t ~ a-monist and
~oi ~ ~ ~; run-
~g th~ ~o~ ~d ~d of
~ng ~and ~, ~th ~
a ~ of 316.~ f~ ~ l~d.
n~ or fo~r~ ~ W~, for-
l merly of J~ You~;
{~ then~ ~ ~d la~
~w or f~erly of W~,
~wo ~ ~ ~s: (1)
~th Il d~s ~ ~u~s
~ ~n~ ~ 418.11 f~;
~e~e (2) 21 d~s 1~ ~n-
~ ~ ~a ~t a &~n~ of
~.~ f~t W a ~umen~ on
~r~ ~de of ~e ~i~ ~;
~ th~ a~ the
erly ~ of ~e ~ ~, No~h,
~ a ~e of 3~.~0 f~t
~ m~ at the ~ of
~ ~ d~ ~ be ~ard
~ ~ ~ ~en~t ~d
~o~d ~ar a~ the t~e ~d
~: ~e 21, ~ BY
of t~ ~u~old Tow~
~rt ~. Rl~nd,
~own C]e~ l~yl I
GOUNTY OF SUFFOLK, !
~ se:
~TATE OF NEW YORK, j
~.-..~..~~ ...... ~ing ~uly Sworn,
s~s tha~~.. ~.. i~ Printer an~ ~uMisher ~f ~e SUFFOLK
WEEKLY TI~ES, a news~per puMish~ ~ Gmenport, in sai~
county; an~ ~hat the n~tice, ,of which the ~nne~ ~s ~ printed
copy. h~s ~een puMished in the ~ai~ Suffolk Week~ Times
once in e~ch w~k, ~r ........... ~ ........... week~
successively oommencing on the .... ~
S~ozn to ~fore me this ./s~-..~. I
;..
.... ......
ON PR PAPAL TO AMEND
I L~W and Article IX of the Building
old, Suffolk County, New York, a public
, h~aring will be held by tlae 8outhold
[ ~risor. 16 South Street, Greenport, New
' York. in said Town on the g6th day of
July, 1966, at 7:30 P. M. o'clock, in the
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" ltesidential
and Agricultural District to "B-2"
. Business District the following describ-
of l~nd, situam, lying and being at
Mattituck, Town of gouthold, County
of Suffolk a~nd State of New York.
bounded and described as follows:
BEGINNING at a monument on the
northerly side of the Main Road at the
southeasterly corner of the premises
herein described ired the southwesterly
corner of land now or 'formerly of
Wilson, from said point of begirming
I running along s&id land now or form-
lerly of Wilson. ~Igorth 24 degrees 04
minutes 20 second~ West a distance of
{ 711.70 feet to a monument and land of
, Long Island Railroad; xurming thence
'along 'said land ag Long Island Rail-
frond, South 44 4~ minutes 50
d~rees
, seconds West a dIsh~nce of ~16.89 feet
to-land now or fbrmerly of Wilsberg.
for~nerl~ of James Young: running
i thence along land now or formerly
said
of Wilsherg, two courses and distances:
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YO~K
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA'I-I'ITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once each week for ..~./.,~Z;'.~...~..//.~_~wee~
successively, commencing on the ............. ~..~.. ................. t'gC
Sworn ,o before me this ..... /.:...'~......~.... day o,
......... om. iai;fiT .... .....
ADELE PAYN{
Notary Public, Stats of New
Residing io Surtolk Cougty
No. 52 3041000
Commission Espires Mar-ch ~)4 191~/
L~GAr. HOTICE
HOTZCB OF ~~ ~ PROP~ TO ~ Z~I~ ~l~
~rs~t to 8octi~ 265 o~ ~e ~ ~w 8nd Article ~ o~ ~e
Build~q ~ne Ordinate of ~e ~ of ~~old. Suffolk Counky,
~w York,/~lic hearinq;" will ~ held by ~e Sou~old T~
~rd in ~e office o~ ~e Su~rv[~r, 16 Sou~ S~reet, Green-
~rt, ~ York, in said ~ on ~e 26~ day of ~ly. 1066, at
7s30 P.M. o'clo~, ~n ~e evening of said day on ~e following
pro, sa1 ~ ~end ~e ~ilding ~ne ~dl~ce (includlnq ~e
~ildinq ~ ~ps) of ~e Tom of ~~old, Suffo~~ty,
N~ York.
By chanqln9 ir~ "A' ~stdential a~ Agrl~lural D~stric~ to
"~2' ksiness Distric~ ~e foll~ing descried pro~rty~
AI2~ ~hat cert~.in plot, piece or parcel of land, situate, lying
and being at Mattituck, Town of Southold, County of Suffolk and
SCats of New York, bounded and described as follows~
B~GXNNX~ at a monument on ~he northerly side of the Main Road
at the southeasterly corner of the premises herein described and
the southwesterly corner of land no~ or formerly of Wilson.
from said point of b~linntng running along said land now or
formerly of Wilson, North 24 degrees 04 minutes 20 seconds West
a distance of 711.70 feet to a monument and land of Long
Railro~d~ running thence along said land of Long Island Railroadl
Sou~h 44 degrees 43 minutes 50 seconds West a distance of 316.89
feet to land now or formerly of Wilsberg, formerly of James
Youngl running thence along said land now or formerly of Wilsberg0
two courses and distances! (1) South. 21 degrees 56 minutes 20
.,
seconds Rast 418.11 feet~ thence (2) 21 degrees 17 minutes 20
seconds East a distance of 282.60 feet to a monument on the
northerly side of the Main Roadl running thence along the north-
erly side of the Main Road, North 48 degree~ 20 minutes 10
seconds East a distance of 340.70 feet to the monument at the
point or place of beginning.
Any per~on deltring to be heard on the proposed amendment
should appear at ~he time and place ~bove mentioned.
Dated~ d~me 21, 1966
BY Order of the Southold Town Board
Albert W. R£chmon~, Town Clerk
PLease publLsh once, June 30, 1966 and fo~ard four (4)
affidavits of publicat£on Lmmediately to the Town Clerk, Main
~oad, Southold, N.Y.
Cop~e~ maLled to the following on June 24,1966.
The Suffol~ WeekLy Thaes
The T.,ong Island Triveler-Matt£tuck Watchman
Casbor 0 Inc.
Southold Town Planning Board
BOUTHOLD, L. I., N. Y.
PLANNING BOARD
John ~r/ickh~rn, Chairmen
Alfred
REPORT TO:
Southold Town Board
16 South Street
Greenportm New York
June 21, 1966
Gentlemen:
This is to certify that the following action was taken by
the Southold Town Planning Board at a regular meeting held on
June 14, 1966:
In the matter of the p~tition of Casbor, Inc., for a change
of zone from A Residential and Agricultural District to "B-2"
Business District on certain real property situated at Mattituck,
in the Town of Southold, Suffolk Coufzy, New York and more
particularly bounded and described as follows: Beginning at a
monument on the northerly side of the Main Road at the southeasterly
corner of the premises herein described and the southwesterly
corner of land now or formerly of Wilson, from said point of
beginning running along said land now or formerly of Wilson,
North 24° 04' 20" West a distance of 711.70 feet to a monument
and land of Long Island Railroad; running thence along said land
of Long Island Railroad, South 44° 43' 50" West a distance of
316.89 feet to land now or formerly of Wilsberg, formerly of
James Young; running thence along said land now or formerly of
Wilsberg, two courses and distances: (1) South 21' 56' 20" East
418.11 feet; thence (2) South 21° 17' 20" East a distance of 282.60
feet to a monument on the northerly side of the Main Road; running
thence along the northerly side of the Main Road, North 48' 20'
10" East a distance of 340.70 feet to the monument at the point
or place of beginning, it is hereby
RESOLVED that the Southold Town Planning Board does not
recommend the change of zone from 'A" Residen~al and Agricultural
District to "B-2" Business District on the property described
above.
Report to Southold Town Board
Page -2-
The Planning Board feels that this particular change of
zone would constitute spot zoning. The Board points out that
Murphy's Garden Center, across the street from the property
in question, is not zoned business. The Board further points
out that there is no business zones in the immediate adjoining
vicinity.
Very sincerely,
J Wickham~ Chairman ( ¢"~'~
Southold Town Planning Board
/bd
cc: Town Clerk
TI
50UTHOLD, b I., N. Y.
June 9, 1966
Mr. John Wick_ham
Chairman
Cutchogue, L. I., N. Y.
Dear Mr. Wickham;
The original petition of casbor
Inc. relative to change of zone from "A" Resid-
ential and Agricultural District to "B-2" Busin-
ess District on certain property situated in
Mattituck, L.I., N.Y. is in the files in the
office of the Planning Board at Southold, N.Y.
You are instructed to prepare
an official report defining the conditions
described in the petition and determine the area
so effected with the recommendation of your Board.
AWR/mr
Very truly yours,
. ·
Albert W. Richmond
Town Clerk
LAW OFFICES
WILLIAM WICKHAM
MATTITUC~, LONG ~SLAN D
June 2, 1966
Mr. Howard Terry
Building Inspector
Town of Southold
Southold, New York
Dear Howard:
We enclose application in behalf of Casbor,
Inc. for change of zone, together with our check to
the order of the Town of Southold for $25.00.
W~/as
encls.
Very cordially yours,
CAS . r o:. .............
STATE OF NEW YORK PETITION
TOWN OF SOUTPIOLD
IN THE MATTER OF THE PETITION OF
FOR A Ci-IANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE OE THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
with office Maple Lane, Mattituck
1. LI~ .~r~.~...QA$.~.QR~...~.Q .........................~at .~r~X]~M~
(insert name of petifioner)
are
Suffolk County, New York, the undersigned, ~ the owne~oI certain real property situated at
.~ak~.i~k .................................... and more particularly bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate, lying
and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows: Beginning
a~ a monument on the northerly side of the Main Road at the
southeasterly corner of the premises herein described and the
southwesterly corner of land now or formerly of Wilson, from
said point of beginning running along said land now or formerly
of Wilson, North 2~° 0~' 20" West a distance of 711.70 feet to a
monument and land of Long Island Railroad; running thence along
said land of Long Island Railroad, South ~° ~3' 50" West a
distance of 316.89 fee~ to land now or formerly of Wilsberg,
formerly of James Young; running thence along said land now or
formerly of Wilsberg, two courses and distances:(1) South 21°
56' 20" East ~lS.11 feet; thence (2) South 21° 17' 20" East a
distance of 282.60 feet to a monument on the northerly side of
the Main Road; running thence along the northerly side of the
Main Road, North ~8° 20' 10" East a distance of ~40.70 feet to
the monumenv at the point or place of beginning.
2. ~[ do hereby petition the Town Board of the 'rown of Southold to change, modify and
amend the Building Zone Ordinance of the Town of Soutbold, Suffolk County, New York,
including lhe Building Zone Maps heretofore made a part thereof, as follows:
From "A" Residential and Agricultural District to "B-2"
Business District.
p. Such request is made for the following reasons:
It is our intention to construct a professional building on
the property. We believe there is a definite need for this
type of building in Mattituck, where proper offices are
lacking. This location is well suited for such a purpose
since it is situated on the State Highway in close proximity
to the Business and "M" Multiple Residence Districts. The
area both north and south of the State Highway is well within
the normal ex-pension orojection for the Mattituck business
area.
CASBOR, INC.
STATE OF NEW YORK)
) SS:-
COUNTY OF SUFFOI~)
On the 20thday of May 1966, before me personally came
FRANKLYN J. BORN to me known, who, being by me duly sworn, did
depose and say that he resides at Maple Lane, Mattituck, Town of
Sou~hold, Suffolk County, New York that he is the Treasurer
of CASBOR, INC., the corporation described in and which executed
the foregoing instrument; that he knows the seal of said corporation;
that the seal affixed to said instrmnent is such corporate seal; that
it was so affixed by order of the board of directors of said corpora-
tion~ and that he signed his name there~,o by like order.
Notary Public
Term expix~ .Mmr~t $$~ 1~$~
MAP OF LAND
CASEC
MAT-ri? u.. ~' K
N, Y.
~u~..-'v'~y~'D FEP,.. ?_lI 19~ .
WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ....... ~'-~...~.? ...................................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps mode a part thereof by chang-
ing from ~'~..J~l~l~..&.. District to .~J~...~J.l~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 ..... 24.t~1--...day
of ........ ~/' ...................... , 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 dlllild.
To Mr. Lester Albertson and Members of Town Board
We ~
CasBor Inc. which are on the North west corner of Rt.
Westphalia Road~ Mattltuck. We do not feel that the
for Business will be objectionable to us in any way.
the undersigned~ live on property adjoining the lands of
27 and
rezoning
The land
seems only to be suitable for Business due to its location on
this four (4) lane road with a Caution Light at this intersection.
We feel business will be an asset to the location which is now
completely vacant with the exception of an old sbandoned boat
house.
We hope the Board will consider favo£ably the application by
CasBor Inc. to rezone the a£orementioned property from A Residence
to Business~ since we as direct ~ei§hbo~s are in no way opposed.
zLOUTHOLD 'to '~N BOARD
January ~4, 1067
P R E SEN T:
Supervisor L. zter M. Albertson
Suffice Henry Clark
Justice R~lph Tuthlll
Cou~c:.lman Howard Valent~e
Councilman Louis De--rest
To~m .Attorney Robert ~. Tasker
'?own Clerk A. Ibert ,V. Y~tahmond
Proposed Ordinance to provide for a partial tax exemption of real property
owned by certain f~ersonz with lira/ted income who are /t5 years of age or over.
-~" ' '.~.. to at Mattituck, New York.
/roposec; chan~'e of Eone from "%" '~ ~'
Proposed chan~e of k~one from 'A' to '~" at Mattltuck. New 'York.
SUPERVISOR ALBERTSON: I will open the hearing at this time by readlnll
the le{~al notice of hearing.
(Copy of said notice is attached hereto and
made a part hereof. )
There is an affidavit in the file indicatinl~ put~lication was wade of this
legal notice.
t mi.~lht state before we get into the hearin![ part of it that under the law
each taxing agency - the town, the villai~e, the school districts - must necessarily
hold public hearings after due notice on this part of the Ileal Property Law. The
public hearin~ in the County has already been held and the County has ..gone along
with it. The Mattituck School District has gone along with it. this is the hearinil
for the town, ~fter this hearing at the next meeting of the BoarcJ0 action l~robabiy
will be taken by the Board. This is not sonctethin{~ we will have to do every year.
You just have to file your application each year. It might be helpful if I read the
text of the taw am{ found in 5action 467 of the Real Property Ta~ Law.
(Coimy of text as read is attached hereto and
made a ,*art hereof. )
At this time I would Like to open the Searing' and heaz' t~-o~m those who
would like to be heard ~or or against. PLease 2'ire your namt ua~ :-esictence
before you speak.
MF;. MANI2,: i rent small bungalow~ on my property. [ arr~ not entitled
to the benefits if my place of residence is coni{idered business
THE SUPEI~VI$OR: Realm are considered income.
MIR.. IkIANl2: Bungalows for stlmmer are included~' I~ :'iocial Security
included ?
$outhold Town Board
THE SUPERVISOR: Yes.
this kind of legislation
-2- January 24, 1967
Is anyone here opposed to the Town ]Board
MR. MANI$: I have a friend of mine who lua~ motet and $5000 or $8000
profit but the net profit is less than ill000, v~;lth 3ocial Security it would be
under $3000.
THE SUPERVISOR: If his net income is less than
ME. MANIS: Gross or net"
THE SUPERVISOR; Net.
MR. TASKEH: He is using the property for other than residential so
it doesn't qualify. The question is wh~t you are usin~ the prope~y for~ You
can only use it for residentiai pur~se8. ~herefore, ~t woula not qual~fy.
T~E SUPERVISOr: Does she live in the motel
MR. MANIS: No. !.~'he lives in a house.
'FHE SUPERVISOR: The property has to f~e used exclusively for
residential purposes.
MIR. MANiS:
considered business'
I have buni, aiows that are rented for the season. Is it
I live ii, ere.
.; >'TI!UR-,.,~.,,,a .-a~¢.~,...., Matti~uck: .About this Soc al ;'security, I think the
legis~ture is 2'oing to c~n~'e this so It ~ys ta~ble income. There is no tax
~ ~ial Security.
MR. TA.3KER; It d~s not ~y ta~ble income. Income means every-
thing you recel~ exce~ m~ ~u r~eive throu{h gift or inheritance.
MR. FRA~: 2~ial S~urity i~ fede~l asses that is not t~le ~
any form.
Southold Town Board -3- January I/4, 196'/
THE SUPERViSOR: Section 46'/ reads: "Such income shatl include
.~$ocial Security and retirement benefits, interest, dividends, rental income,
salary or earnings, and income from ~etf-ern[,loyment, but ~halt not include
Idfts or inheritances"
.~.nyone else wish to speak on this subject. If no one else wants to be
heard, we wi. Il close the hearing for the I'urtaer deliberation of' the l~oard.
Thank you all for
THE 5UPERVI:~OR: I wilt open tuts hearin~...l at th~s time ~y ceadm~{ the
le~l n~ice of hearing.
(Copy of u~lce wl~. ascription attac~ed hereto. }
There ts an affi~vit in t~e file indicatinl' publication was made of this
le~l ~ice. (Bead letter of ~la~in.i Board disapproving ~rop'omed chanffe. )
I ~11 o~n the h~ring by asking those in favor to speak.
BICHARD CRON, ~C~.: I am appearing he~'e on behalf of the applicant
for this ~icu~r z~ln~ ct~nae.
The premises in question here [~ a parcel ~hich fronts o~ ~,![ddle .a~d
and ',¥e~tptmlia ~venu~. It i~ in the northwesterly corner. It ~$ a froata:ge on
th~ Middle ~d ol' .~pgroximately 300 and somew~t: feet, abo,..a 306 feet, It
~s a'lona ~¥estp~lia ~ven'de north 241 feet. Now this application is bein~ ~de
for two r~sons. '~¥e thl~ t~t eaa~ of the reasons has equal weight. Before
getting into ~r reasons for requesting thin par~tcu~r chan~e I would like to
~[nt out to the B~rd the c~racter of the ~rcel and its ~.e~tion~hip to the
e~st~ area. A renew of the $o~hold Town honing Map will in~ca~e that the
~outhold Town Board -4- January 24, Ig/{7
premises are in the vicinity of an area zoned for business running alon~ Ltpco
Hoed where it meets the Middle l~oed seid business zoned parcel being app~'ox-
lm~tely 175 feet from the southerly line oi' ti~e particutar property for which we seek thl,
chants. ! dontt .mean to mislead anyone when I any 175 feet, I mean the prolon.l~tion
of the existing line along Middle Road. Now f~lrther looking7 at the zoned
ar~ on the south side of the Middle 1Road area~, yot~ will note thai it m~ns alon~l
the l~on~ Island Itailro~d and down l~o,ee i.~ne. Now on the so~tta ~itle oI ~Vliddle
Road the ~a~ine~ zoned ~rea r~ns a[~ro~imate/y 175 feet irom our area. ~ tae
~h sloe of the business zoned ar~ it r~ approximatety 40~
The c~r~eter of the area has been than ~ed by the widening ol Middle
There are two r~sons for requesting the ci~an~e. First, we ~-'~elieve that
the subject ~rcel lies ~thtn the ~turaI exi~g business area. By virtue
the wtde~n~ of the Middle H~d the sub~t premises are not conducive for the
put, se for which it is ~ow zoned. In ~he vicinity of the s~bject ~remises there
~re operated ~her business. To wit, we s~bmtt t~t on the ~outawesterly side
of '~¥est~l~ =~venue ~d Middle ~d thece is an oil business ~em.~' conducted.
And mo~e tha~. likely if is ~e/n~ conducted as ~ non-conform/n~ use. _.~1~o
a lumber~rd, to wit, Geor.;e L. Penny. T~ere is also a ~ervice road in
c~cti~ with the lumber~rd lt~ei!. F'~,rth~r tookl~.~, at th~ character of the
Middle R~d, it ia n~ed t~t in front of the premiaes for which !?,t~ agptication
is sou;~t there are three l~nes for traffic. It ca~ot be questioned that Middle
R~d as It exists today is a m~in t~ffic artery for t~e To~ o.f 3~outhold. You
~ve a light right at the intersection of .~V,stphal~ and Middle R~a. Now all
~outhotd Town Board -5- January :/4, 1967
of these fac/ors lead one to the conclusion that the subject premises a~e not
conducive or cana~ ~e used for a residential purpose. T~t ~he only put.se
it can be use~ for at t~e present time i~ a bu~ine~ ar'e~. ,,.~e l~v'~ ~ome p~na
here d~lm~ w'..th w.~mt we wou~,~ like to put into [di~ pa.rtic~' ~rc:eL
T[tE ~UPERVISO~: Y~ can lea~-e them ~th the B~rd;
MR, CRON: Y~s, we can. The finis~ed product of lhe ~:"es'~aurant will
l~k $om~htna like thi~. Y~ may have this for your record, '~-ie atdp have
here an aerial view of the ~rea includin~ the subj~t ~rcel, I ~ow n~ of the
~te. It :five~ a ~l~d view of that area. I may have more to say ~fth resp~t
to this particular application later.
fo~- requestin~ this chun;lc of zone,
To sum up, we t~ave two prir~cipa£ reasons
lies in the natural and or~linar,v extension
of tile exist:nS business area. Two, the property is not conducive for the purpose
for which !t is zoned because of the change of character because of ~,he R~iddle
Road widen[ng~ ,Ye will rest at thi~ ~tme.
TH~ SUPE~.~$O~: Anyone else ~ere wish to speak in favor of thi~
application. Anyone wish to speak (~ op~eltion to the relief ~o~t in ~:his
application,
I went ar~ad to ~et ~t[tions si~ned and we found quite a concern amon~ our
neig~ovs and friends and we feR this would ~ke a ~raous ~raff/c condition
In this section ~a take a~y f~m the scenic beauty. ,,Ye ~ve the church and
the cr~k. The church is beautiful and it ,s an attractive ~iew ~1 the creek,
I ~uld l~e to present ~his letter of our A~soeiation, I ~ave about iOO ~mes
:i;outhold Town Board -6- January 24, 1957
which represents auout t)0% of the people livtn~I iu Westphalia. ~Aese p~ple
are very serious. They would like you to 2ive them co~ideration. I also ~ve
a letter fro~ the Historical 2oct~y of which I aH~ a Truste~.
THE ~UP.~VI~OR: ~.Vould you like ~o include theme
MR. BE~ETT: Yes.
CHA. R~ >~,~TH: I ~ve a ~tttlon ~i2-ned by 5~ ta~ye~s and ~esid~s
of ~ttl~ck - residents from that area of the to~. Yv~e feel t~ere Is alr~
~gh business p~rty in ~attituck. ?~e feel t~t any commercial
at this si~e ~uid 8~il the ~tu~l b~uty of ~ttituck Inlet. ~-~',~'~ feet ~ would
add a baird to trmfftc. V~e feel the commereial use of this site would b~ un,ir
to the homeo~e~s of the area who wish to ~reserv~ th~ ~e8ldentta{ atmosphere.
AL BURLINGA~E: ~e are also in opposition to a rezoain~ her~.
Just put up a new church and we are plannin~ In the fuZure to ~-ut up au extensl~
and this would interfere ~th the b~uty of the church as one comes down the
hl~h~y, expecially from the F~t. Therefore.~ on h~haff of the ~e~bers of
the No~h l"ork Baptist Church we wish to :~:e heard a~ a~ainst tht~.~ zuniu~3
F~}~ BO?}[: ='-'o far t}-loge who have spoken automatically assumed that
~hatever -~ill be buii~ there will he disfi~smrin~ to the ioeat~. However, I ~ve
submitted a p~n. .>~.u~hiu~ we put there would be coion~.[. I am f~m ~ttttuck.
I am presently building and all colonimi. I am conceded myseif very much with
the to~. Maybe the residents are not familiar ~th that. I ~uid wau~ ~.o add
to the beauty of the Location. T~is ~cu~r site is not far from the To~ E~mp.
N~i~ing could deter from t~t. If a home was built there according to to~
~p~ifications it could ~eter from the b~uty of the p~ce. ~ut a business with
Southold Town Board -7- January 24, 1987
proper iandseapin~ would add to the beauty. '..,'e are ~llin~ ~o meet any r~uire-
me~s to see t~t this is a beautiful, seen~ lo~atio~. Fhero i.~ noth~ there now
that woul~ ~e beautiful in my opinion. ~ut what ~ intend to ~ut there woutd
d~iuiteiy be an agse[ ~o ~he ~om~u~it~.
B~rd or to the residents of this civic club. I would like to co~orm to colonial
architecture :~o ~hl~ ~vo'uld be the case. I
I would enhance the location,
~R. ~N:,..~ .~*~. n~y nmke a conciu~in~ ~tatement. Nusuper 1, I thi~
we are losin~ si;iht of a problem which e~ist~ wit:~ respect to thi~ ~.>arttcular
~ei, It cannot be u8ed for lhe purposes which the zon~ ordinance p~vides.
I thin~ it iz hi~hly ~l~ely tha't you are going to use this parcel for reaide~t~l
~rposes, I ~ay thi~ t. ecause of the character of Middle Poad it~<el/, It is not
a ~tter of reztri~ng it for what it is presently zoned, ~>ut ca~ ~e ',.:~e it for
w~t it is presently zoned. I don't think yc, u are ~oin~* to ftn:~ ~?.a~y people bu~ng
property here for a, one family ~-ez,dev_tial
~econdly, I fail to .~ee ~y putttn.3 ~p ~ ~ublic re~:aura~. L~ g'oin.~' to render
the area ~ore hazardou~ than it alrea~y t~, Out [ :to~'~ /ee-t [~er~ {~ ~n'y r~l merit
to an ar~?'~?ent that ?eo,)Ie fcc they arc :io}nF=~ ~o ~ave a~ adverse si. tu~.tion. I don't
they had thi~ intention of no/ c!utterin.~ uF
the Veteram~ HL~hwa!~'. floweret., w~:~ are nor a:~ti:~ '. f?~ a~;., ~ir-ea ~.a ~.;~.~' -~ iddle of
farm~nd where it 'ml~7~:~ cau~e a traffic aazard. '.?: ava aakiaf.:' for lan~.i '~here
the section already ha~ two . Linker iia'h:~ ,~:~.ic:~ aiow down Iraffic and f}ie~-e is a
$outhold Town Board · -8- Jan'oary 24. lg8?
church on $uad~y with an officer there. ~ere~ore, the t~afflc Is al~d~
do~ in t~t ~r~. 'rherefore, the B~rd should not l~k at It as a ~rd.
are n~ ,goin~ to make a high speed are~.
CH.~LEL~ A~.AHA~I'~: I ~uld like to present my thoa~lhts as to the
propri~y of the application, The applicant ~s in mind a a~cifie use ~
bulldin~ ~ich h~ wishes to erect. Then he ~hould ~e come in under an
· pplic~tlon to the B~rd of Appeals for a non-co~ormin~ busines~ but~la~
resldent~l zone,. It would eliminate the c~n~e of zone in the
THE SUPEH~I~OR: As f~r as this thin~ is conce~ne~ ~e B~d of
.~.pp~ls cabot by any action c~nge the ~se from one u~e to another. ~ey
extend it - ma~e It s little ~rger in sr~ or eve,a chan~e the type of business
~llowea. But t!~i~ mu~t be a change of zone.
M~. A~AHAMS: ~ould it s~cl~y the e~ct ~ture of the v~e foe ~ch
tt w~ld be ~ut /
~HE ~UPEH~SOB: No. This B~rd under the ~w ~s to d~ermtne
~eth~r ~his is t~e ~oper ~s~ of this property for the well be~ oi the people
of the To~ of ~uthold. If we chsag~ this property from ~'A '~ to ~'Bn ~n~h~
~llowed in ihe ~r~nce tn the '~' ares c~n ~e constructed.
MH. AB~,&H,~Y~4: P~t Is my
M~, BORN: I c~n ~ee ~l~ ~int. There could be put ~p · less ~ctive
~ild~g. However, in ~l~erhe~d the~e ~s a ~sing ~ the plans before it
acce~e~. Could it be restricted to a restaurant ~
THE 3UP~B~SO~: ~¥e have '~1', '~" and '~3'~ but I thi~ that
~auram Dusiness comes under a full ~J' Th/~ could be appliecl for under ~2" -
this is the [i~te~ use in the '~" Business Z~e. But you haven't asked fo~
Southold Towa Boar::/
,_h;~ ~UPEP~ ~'I~01~: Anyone else in favor of
Doe~ anyone wish to be heard one way or the other
January 24. 1967
.4_nyone in oppomitlon to
will clo;-Je the hearin? ag th[ ,; tirae for the further deliberation of the
January 24, 1967
Southold Town Board
City Hall
GreenDort, New York
Gentlemen:
Tke officers, directors and members of the Westphsl£a Civic
Association strongly oppose t~e current proposal to rezone, from "A"
Residential and Ar3ricultural District to "B" Business District, the
parcel ol land on tl,e nor~;~we~t corner of the intersection of
Wes~pnalia Rd. an~ Middle Road, (C.R. 27).
Our reasons include tY~e facts that:
1. T~e surzounding area i~ r~sidentisl.
2. Th6re ~s sufficient vacant "B" Business prope[ty
on C.R. 27.
3. The present traffic problems on C.R. 27 would
~ecome worse.
The area covered by ~,e Westphalia civic Association 3s ~11
residential and a~ricultural in c]]aracter and we want it to remain
tJzat way. The residents in this area hsve repeatedly reaffirmed
this in past years every time an attempt has .3een made to rezone areas
withln the association boundaries. We have invested a lot of .~ime and
money to make tl~is a~ea a nice place to live. Several new homes are
constructed in our area eac]z year, and we expect this trend to continue.
Likewise, the North Fork Baptist Church elected to build tl;e~r new
~uildinr3 in our area.
A study of the Building Zone Map of the Town of Southold
will show there is already a substantial amount of lanQ zoned "B"
Business along C.R. 27 in Mattituck. Most of this land is vacant.
There is no need to add more land in this catagory.
The traffic problems on C.R. 27 are caused mainly Dy the
excessive speed limit of 50 MPH allowed through Mattituck. A survey
shows that there have Peen six accidents in t~e past 24 months at the
intersection of Westphalia Road and C.R. 27. This same survey shows
a total of thirteen accidents at the intersection of Wickham Ave. and
C.R. 27 Guring the same period. There is a gas station on one corner
of the Wickham Ave. intersection. There are flashing lights on both
iutersections. The establishment of any business near the intersection
of Westphalia and C.R. 27 would aggravate the present traffic problems
and would increase t~e hazard to our residents and children wino walk
past t}~is intersection on the way ~o and from ~],e village.
Southol~ Town Board 2 Ja,~uary 24, 1967
The Westphalia Civic Association feels it would not Joe in the
Pest interests of our membership or ti%e community's to rezone the
above mentioned location from "A" Residential and Agricultural to
"S" Business.
Very truly yours,
Westphalia Civic Association.
S~'folk Cou- , _o~_., .. ........ ....................................
and . ed ~s fo_Jo'.s:
¢ - '-' ~'-' ~6'2;'' 'r, -- -
_.or~h 07 m" ) ·' '..'ast 2~'5.85 fee~ va .... nu ........... ~ ...... t~. j : 'net
feel .... moB~,~e~ ~L ~he poiB~ oF .,z~ 02 Cg~ixnl~]~.
~[ .2 fo]Lo,g:
..o~ .... _.7 ry ~. curve to
of' j}6. :ee, .s the land
::'::a!r. -,io~, piece or
ea :. follows:
he . :-ln~,esterly corner cf
.'~ f~:: %o a mon~:ent; (2,
' ' ..... 2 ';,35 feet :c '_
: ......... s 2istrict the foliovin~f dc~r bec .:,:J.:::'~<:
..... i%_.h To.: cs: Southold, Co'~,ty c:' z_-'fc .... :::. ~a~e of '- '
.nc dasc.'ited .z
on'...:--~.c ~nd '-:izdl~ 2oad C.R. 2?; r:~.n!: t. hcna} sou:..-.v,~a':~rly~_..~7-~ i:iadle
.-.oat ,2.3. 27 on :. curve %o ~he :i:h~ h~,'znff s :.:iLus c: Lxcg.,~E, f~.., a z_zz'.z:e
16.
17.
_. pre t
rce~ :c
~ '- ' ~ -' ' .ali _
'd .... ' Road G.R. 27; Pk%:'-l% ' LNCiiZ3 soatht:es~erlj iai:' 'l .lic
ea :,~ 'aha land or ' : -'~ ..... s= _,~o..S said ...c. ~ i.aia
. - " ' 2": S- ~ , - ~he ~v :- ....
s ::~in d~scrige~; r~nnir, glance ..c:'gh 56 47~ jO ;]a,%~,,~.:- °5,
.,, :;c..,z:;en% a% %he point or 3!ace ~' ..... ,,nn~n:.
ii.
17.
January 2~, ~967
E.F~, the ,mudersigned, being landowners, permanent residents
and taxpayers in the Village of Mattituck, Town of Southold,
State of New York, do hereby petition against the changing
from "A" Residential and ~gricultural District to "B"Business
District the following described property situated on the
Northwest corner of Westphalia Avenue and County Road ~27:
BEGINNING st a concrete monument on the south-
easterly side of Westphalia ~venue at the north-
westerly corner of the premises herein described;
running thence along Westphalia Avenue two
courses and distances: (1) South 70o 00' East
ll6.10 feet to a monument; (2) South 36° 23' 20"
East 125.00 feet to a monument and Middle Road
C.R. 27; running thence southwesterly along
Middle Road C.R. 27 on a curve to the right
havi_n~ a radius of 1799.86 feet a distance
of 300.90 feet to the land of Kaiser; running
thence along said land of Kaiser, North 67° 39'
30" West 205.85 feet to a mcn,~usnt at the
southwesterly corner of the premise~ herein
described; running thence North 36 ~7' 30" East
~58.96 feet to the monument at the point or
place of beginning.
THE following are a few of the reasons/~Yfeel compelled
to take our position:
1. There is already enough "B" Business property
in Mattituck to satisfy a growing community
2. Any commercial structure at this site would
injure the natural scenic beauty surrounding
Mattituck Inlet.
3. Any commercial use of this site would add to
the already hazardous nature of this intersection
and also cut down the efficiency of the new dual
~ighway.
4. This site is the original "Canoe Place" of the
Indians and, as such, is of historical significance.
It's interest to summer visitors and future generations
should not be overlooked.
~. Commercial use of this site would be unfair to
homeowners in the neighborhood who want to preserve
the residential aspect of the area.
6. The view of Mattituck as one enters from the West
on County Road 27 is thus far one of pleasant aspect
and should be thoughtfully preserved. ~ikewise, the
view looking west from Love Lane and County Road 27
~s also chsrming with the addition of the new church.
.Charles H. Smith
Page two of January 2~, 1967 petition.
Jesse R. Hawkins
Irene ~. Hawkins
Robert S. Barker
~lois J. Lutz
Rudolph Armbrust
Philip Prorates
Rosalind Phillips
Dorothea Delehanty
Frances Kre tltng
~o A. Kelsey, Jr.
Co H. Koehler, Jr.
N~r!a I. Ulmet
Elizabeth Guyt on
Dorothy Topping
Janet N. Melot
Page three of January 2~, 1967 petition.
INC.
L~GAL NOTICE
~N~ O~CE
~t ~ ~c~ 2~ ~ ~e
~Tow~ ~w ~d A~e IX of ~e
~m~ ~ ~ of the
T~ of ~u~, 5~folk ~-
ty, New York, p~l~ h~s
~ ~ by ~e ~old T~wn
.~d ~ ~e ~f~ of the
J~, ~ York, In ~M To~ on
~ 8:~ P. M., In ~e eve~ 0f
~d~e (~ the B~ng
o~, ~ ~ty, New Y~k.
1. By c~ ~ "A~ ~-
de~ ~ ~tur~ ~t
~ '~" ~.~ln~ ~t the
~ d~ ~rty:
"~1 ~ l~ ~te,
~ .~ at Ma~ltu~, ~ ~e
~n of ~old, S~f~k
~ty, New York, ~d ~
~c~ly ~ ~d de-
~ ~ fo~:
~O at a ~nc~
~t ~ t~ ~uth~rly
~ ~ W~ Ave~ at
~ ~W~y ~r~r of ~e
~ (1) ~ ~Oo ~,, ~t 11630
f~ ~ a mount; (2~ ~
a ~t ~ ~e ~d
w~ly ~ ~ ~ C. R.
a.~ of 1~.~ f~ a d~ce
~ ~, N~ 67~ 39' 30" West
~ ~ f~t ~ a ~e~
~ ~re~ h~ ~d;
~.~ f~t .~ ~e montest at
de~ ~d ~ D~t
~ "~" ~ ~t ~e fol~
~ ~e~ of ]~d ~t~, ~ln~
~ .~ at ~ttit~k, ~wn
~ ~old, ~nty of ~ffolk[
~d 5~ ~ N~ York, ~
~ ~d d~l~ ~, f~s:
a ~ent ~ ~
~e of ~e ~n ~ ~t
~rly co~ ~ the pre-
~ he~ ~~ the~
~ or f~ of Wl~ from
~d ~t~ ~f ~ ~n~
~ ~d ~ ~ or f~rly
~ W~ ~ ~ ~' 20'
W~t a d~ ~ ~11.~6 feet
~" ~'~,; a ~e of 316.89
f~t ~ ~ n~ ~ form~ly
W~rg, fo~rly of
Y~u~; ~ ~hence ~on~
Wfls~rg, ,~wo ~es ~d dis-
~n~: 1] ~th 21 ~' ~"
--21 deg. 17' 20" Ernst 282., , leeL
to the northerly line of Main
Romd ~t the point or pIace of
PAR~ III - ~1 that certain
ploL piece ar parcel al land sit-
tmte. lyi~ and ~ing at Laurel,
near Mattituck, in the Town of
~t~.hold, County of SufIolk and
Stale of New Y~rk. bounded and
descried ~ Io~ws:
~EG~NG at a poi~tt formed
by the inters~tion of the wes,t-
erly si,de of 9remLses of the
Sta~ of New York with ~e
l~rtherly line of ~he Main Ro~d
sa~ point, of ~ginning ~ing
located at the southeasterly
corner of the su,bject ~remlses
aaa from said ~in.t ef begin-
ning rumxing thence along the
northerly line of ~in ~ad.
S~u~h 51' 58' 50" Wast 50~.16 feet
to la~ of Chew; the~e along
il'tinter end Publisher o! the SUFFOLK
ewslx~Per published ~t Gfeenport, in s~d
~ofic~, ~t which the annexed is n printed
shed in the ~ Suffolk Weekly Times
........................... week~
said la~d of Chew, North 3~
54' 20" V~est 401.61 feet ~o land
of Price; ~e~e along ~d of ;.,.;. 19~ -~.
~ce the following two co~r~:
and d~nces: D North 60 24 ~,
.......................
65~ 05' ~' East 170.03 feet to lhis .
Mhd ~[ Graf; ~eme ainng la~d
of Graf. North61 36 50 m,~
98.42 f~t to 1~ of the State J
~f N~ Ycrk; ~he~e alo~ the.../['.,. .............. ~,. .........
wes~rly line of l~d of ~he
~t~te of New Y~rk, ~uth 38 ..... ''m~P~'~,. ·
Gl' 10" ~t 310.49 feet to the
rmr~hevly side of Main Road and
the point ar place of begtrming.
An6, perso~ desl,rtng to be heard .
on the above prol~s~d [amend-
monte should appear at the time
and place a~bove spectfiad.
DA'r~: JANUARY 3, 1966, BY ~- :' :: :'
ORDER OF TI-EE SOUTHOI.,D '
· ,.
~OWN
BOARD
ALBERT W. RIOI-LMND.
TOWN CLERK lt.113
17' 20" E~---t a dtstance of Z. :.,
N~rth ~8' 20' 10" E~ a ~st~n~e
of 340.70 fee~ ~ the monument
a,t the ~o~ or place of beg~n-
rdmg.
~A~C~ II - BEO~N~G at
a ~,nt cn the n~.rtherly line
M~m Road at 5he southwesz
..hence Mouth 47' 51' S0" We~t
alcn~ the northerly line of
Ro.md, 1~1.~ feeb t0 the south-
e.msb corner of land now or for-~
merly of the State of New York;
%hence ~on¢ ~[d la~1d now or~
fo~ne~ly of the Share of New.
York the follow~ng two
a~d d~shmnaes: 1~ Nor~ B~ deg.
5T 30" %~st 172.0 feet; 2) South
72 deg. 24' 50" W~a.t 2~.16 fe~t
Olivio; %hence North 21 deg. 04'
50" Wes~ alon~ ~d Im~d now
or [ormerly of OHvio 109.6~
to l~d ~w or formerly of
l~nd of William Wyche hhe roi-
direction 159.~6 f~t; 2) ~uth
87 de~. 2~' East 152.1 f~t;
the~s nor th~rly alo~M lmud
haw or formerly of WiHSam
~'~che, B~h~l ~ Hob~n the
followin~ b~o ¢ourses m~d
tam~s: 1~ No~ 1~ deg. ~4' 20"
West ~.0 f~¢t; 2) Norbh 26 deg.
41' 20" We~t ~77.~ feet to land
of the ~mg Island Railroad;
thence 21o~g ~id [~d of the
~ ~ ~d the follow-
img ~r~ oozes a~d distances:
1) North 44 deg. 43' ~0"
46.~6 feet; 2) ~uth 3~ deg 11'
E~t 9.0 feet; 2~ North 44
4~' 5~" ~t 138 f~t to ~a~d now
or formerly of ~rce L. Pen-
ny; .thence ~ong said lan,d n~
~ fox--fly ~f George L.
~ke f~l~w~¢ b~o courses
d~t~ces: 1) ~uth 21 deg, ~'
20" E?~t 407~4 feet; 2~ ~o~
NOTICE OF ~ARING ON
PIgOPOSAI,S TO A~END
ZONING OR'DTNANCE
OF SUFFOLK I
,,c,..: ~, N,,,"t ,; ,,,.c ~ ~'~ I- NEW YORK I
IIOIV t)l" [O['ll,t'l']'~'. or Oiivb~ lO9.60 l'rc~: C. Whitney Booth, Jr., being duly sworn, soys
'o land n ,,., m' rc, rmerl~ ,ff Willi~,<', is the Editor, of THE LONG IS~ND
Willbm~ wyem 'h, [,,Ho~in~ t~-~iR - MA~ITUCK WATCHMAN, a public news-
· l'nl easterly d~reeH,)~ 159.06 [ef., ~ted at Southold, ~n Suffolk Count; and that
~enee ~,' hath' aloha J~tld ~o~ ,~rOf which the annexed is a printed copy, has been
hm ~ Hobscm Ihe I'ollowinK I~o in said Long Island Zraveler-Mattituck Watch-
le~. 3~ 2~ ~est 22&0 leah, -, each week for _...~r,~,/..~.~.... week~
y comme cng on me ......... ~ . .
L, Nnrth 44 de~. 43' 50" ~m~t 4636j ,,/ ,,' /] /~ ~/ ~ // ~
L Penny. tlmnee alm~g saifl l~nflj ~
- ' .'i /
place of bering. "5'~'A'a~'"" 19.
Notary
Re.:
County, 'lle~ ~z'~, ~J.~ hmmrLugm ~j~.1. ~ heXd ~ the i~uthmld
Suffolk, &nd State o£ Mew York, bounded
eXon~ ~eetphaltn Avenue two courmea and ~Awtan~em,
70"' 00' Kelt lie. X0 feet ~o a mon~ntF (2) 8out~
36'~ 23' 40~ East X2S.00 feet ~o a monument and HAddle
Road C.R. 27; ~%~ ~~ m~~~rly al~ ~~e
1799.86 f~ a ~l~ of 3~.~ Mt
30' ~emt 205.85 ~t to a
caznez of the pzem~s~ here~n deecz~d~ runn~ thanes
~orth 3~~ 47' 30' East 358.96 eee~ to the monument at the
point ar place of ~~~.
2. isF Chang~ .from "A~ aosidont, tal md Agricultural
to ~B~ ~~s D~~ ~ foll~~ ~~d
~ld. C~ty of Suf~ ~d $~te of ~
~~e h~e~n ~mcr~ ~d ~ m~~em~ly
of l~d ~ or folly of wt1~, ~ said
~~n~ ~~ al~ ~ld ~d n~ or fo~l~
~:-~~, ~ 24~ ~0 20~ ~-'~t a d~~e of
fMt ~ a ~~t nd lad of ~g ~lnd hllr~dr
~~ ~ 43' 50~ ~ost a ~~ of
~o ~r~s ~d ~~est ~) $~ 2~ ~ 56' 20
of ~e ~ l~d. ~~ ~" 20' ~0' hat a d~~e
~0.70 f~t to ~e ~~t at ~e ~Ant ~ pla~
, L~gal IIo~lce
· 7 S%' 30" ~ ~~ t~e ~r%F %~ of ~
57' 30' w~t 172.0 f~t~ 2) s~ 72 ~. 24'
240. Z6 f~t ~ Z~ ~ o~ ~X7 of oxtvto;
f~~Y of Ol~v~ X~.60 f~t ~o l~ ~ or
~rly of ~XXXA~ ~~, ~runmhill & ~n ~e
~* 20' ~ 228.0 b~; 2)~~ 2e ~. 4x' 2~
277.~ ~t ~ ~d o~ ~e ~ XwAnd h%lro~;
~~ aid Iud of ~e ~ Zslnd ~tlr~ ~e
or ~~Xy of ~ge L. ~y ~ ~ll~~ ~o
~d ~s~as 1) ~~ 2A ~, S6' 20" B~ 4~.24
2) ~~ 2~ ~. ~v' 20- Rut 202.00 ~ to ~
IA~ of ~ R~d at ~e ~t or pla~ of ~~~.
14gal IlO~c~ Pugs -4-
All that certain plot, ploee o~' parcel
the northerly 1Xne of the ~u~n Road eaAd ~2
40X.6i f~t ~ l~d o~ ~~; ~e~ aX~ land
30~ ~t 24~,40 ~t; 2) ~~ 65~ os' ~' ~
36* 50" East ~.~ bt ~ ~and of ~e s~u of
S~ ~r~, $ou~ ~'~ 01' 10" g~ 310.49 J~t
~therly st~ of ~in R~d ~d ~e ~t or pl~ of
Southold Town Planning Board
SOUTHOLD. L. I., N. Y.
PLANNING BOARD
MEMBERS
John ~f/ickhern, Chairmen
Henry Molsa
Alfrzd Grebe
Archibald Youn9
William Unkelbach
December 22, 1966
Southold Town Board
16 South Street
Greenport, New York
Gentlemen:
This is to certify that the following action was taken by the
Southold Town Planning Board at a special meeting held on
December 20, 1966;
In the matter of the petition of Casbor, Inc., Mattituck
New York, relative to a change of zone on certain real property
situated at Mattituck, In the Town of Southold, Suffolk County,
New York, and bounded and described as follows: Change of zone
requested from "A" Residential and Agricultural District to
"B" Business District.
BEGINNING at a concrete monument on the southeasterly side
of Westphalia Avenue at the nethwesterly cornerof the premises
herein described; running thence along Westphalia Avenue t~o
courses and distances: 1) south 70° 00' East 116.10 feet to a
monument; 2) South 36c 23' 40" East 125.00 feet to a monument
and Middle Road C.R. 27, running thence southwesterly along
Middle Road C.R. 27 on a curve to the right having a radius of
1799.86 feet to a distance of 306.90 feet to land of Kaiser;
runnigg thence along said land of Kaiser, north 67° 39' 30"
West 205.85 feet to a monument at the southwesterly corner
of the premises herein described; running thence North 36° 47'
30" East 358.96 feet to the monument at the point or place
of beginning.
IT WAS RESOLVED that tl~ Southold Town Planning Board does
not favorably recommend to the Southold Town Board the change of
Zone fDom "A" Residential and Agricultural District to "B" Business
District on the above described property.
Southold Town Board
Page -2-
This would constitute spot zoning, near a church, and
against the policy of no more business zone onthe Middle Road
(C.R. 27), in order to keep local traffic from interfering
with C.R. 27 as a high speed highway.
Very sincerely,
J~ Wickham, Chairman ~. ;~
S~dthold Town Planning Board
/bd
cc: Town Clerk
OFF
50UTHOLD, L. I., N- Y.
November 30, 1966
Mr. John Wickham
Chairman Planning Board
Cutchogue, L.I,mN.Y.
Dear Mr. Wickham;
The original petition of
Casbar, Inc., Frank Born, Treasurer, of
Mattituck, N.Y., relative to change of
zone of certain property on Westphalia
Road and Middle Road, Mattituck, New York,
from "A" Residential and Agriculural
District to "B" Business 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 effected with the
recommendation of your Board.
AWR/mr
Very truly yours,
Albert W. Richmond
Town Clerk
RICHARD ~J. CRON
November 2, 1966
Howard Terry, Building
Town Clerk's Office
Main Road
Southold, New York
Inspector
Re: Application for Change of Zone
by Casbor, Inc.
Dear Howard:
Pursuant to our conversation of this instant
date and in connection with the above-captioned application,
I enclose herewith original and copy of Schedule of Descrip-
tion of Property to be annexed to the original and copy of
Zoning Application left with you at your office.
Thank you for your courtesy and cooperation
in this matter.
~inc~rely, f.
/i , / -/
Richard J. Cron
RJC/ j f
Eric. 2
STATE OF I'~EW YORK PETITION
TOWN OF SOUTHOLD
IN TH~- MATTER OF THE PETITION OF
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
CASBOR, INC. ,
1. I, .b.y ..... .F.~.,~Q...l~...,._..T.r.e.~..$..~.e.l~. .... residing at ..... ..l~...a..t...t;..i.~.u,..c..k.~. ..........................
(insert name of petitioner)
Suffolk County, Ne~v York, the undersigned, am the owner of certain real property
SCHEDULE OF DESCRIPTIO~ OF PROPERTY
ALL that certain plot, piece or parcel of land situate,
lying and being at ~attituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a concrete monument on the southeasterly side
of Westphalia Avenue at the northwesterly corner of the premises
herein described; running thence along Westphalia Avenue two
courses and distances (1) South 70° 00' East 116.10 feet to
a~monument; (2) South 36° 23' 40" East 125.00 feet to a monument
and Middle Road Co R. 27; running thence southwesterly along
Middle Road C. R. 27 on a curve to the right having a radius of
1799.86 feet a distance of 306.90 feet to land of Kaiser; running
thence along said land of Kaiser, North 67° 39' 30" West 205.85
feet to a monument at the southwesterly/corner of the premises
herein described; running thence North 36° 47' 30" East 358.96
feet to the monument at the point or place of beginning.
Such request is made for the following reasons:
See Annexed Statement
IL. S.) .+ ............
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
...................... ~.I~...B.Q~ .............................. BEING DULY SWORN, deposes and says that
he is the petitioner in the within action; that he has read the foregoing Petition and knows
lhe contents thereof; that the same is true to his (her) own knowledge, except as to the mat-
ters therein stated to be alleged on information and belie[, and that as to those matters he
believes it to be true.
CASBOR, INC. .~
.~ th'id
... s.,~. ........ .z.~ ........ ~-."~:~V~' ............... '--
Trea¢)~t)er
Sworn to before me
thi~ d~ay of ..~l~..~.~_r ............... 19.~..
· ,,~..~;, ::: ................. ~ ............... ~ ..........
, /' ~ ~otary ~ublic.
RTClt.k~D J cq ~
3. Such request is made for the following reasons:
The parcel above described is situate at the corner of the
intersection of the northwesterly line of Middle Road (County
Road 27) and the southerly line of Westphalia Road. A distance
of about 175 feet from the southerly line of the described parcel
on the southerly side of Middle Road there is presently premises
zoned "B" Business extending along Middle Road to Lipco Road and
thence to Sound Avenue and along the Long Island Rail Road to
the southerly line of Westphalia Avenue. This business zoned
area contains about the same depth along the Long Island Rail
Road to the southerly line of Love Lane and thence along Love
Lane to the southerly side of Middle Road~a distance along Middle
Road to within about 450 feet of the north line of Westphalia
Road. On the northerly side of Middle Road the business area
continues along Love Lane and Middle Road to within a distance
of 525 feet from the northerly line of Westphalia Road.
The foregoing would indicate that a rezoning of the
parcel herein described ~ould be directly in the path of the
natural and orderly extension of the presently "B" zoned areas
on both the ~ortherly and southerly side of Middle Road between
the areas of the southerly line of Westphalia Road and the pro-
longation of the northerly line of Lipco Road across the Middle
Road. The area of the parcel herein described is about 1.70
acres located on a main artery for vehicle traffic and on anothe~
street connected to the main artery. With the widening of
Middle Road as a main traffic artery there is or will be suffi-
cient change in the character of the area warranting reclassifi-
cation of the property to that of the surrounding business area.
The subject parcel is ideally suited for purposes of a
business zoned area, and a reclassification of the zone for that
purpose is reasonable and in accord with the comprehensive plan
of the zoning ordinance. Moreover as heretofore indicated by
factual de~ails presented~ the subject property is in such
proximity to other pro~ty classified for a business use that
said described parcel may be considered an extension thereof.
O~e final factor should also be ¢onsidered~ In the light
of the substantial change made to the Middle Road adjoining the
subject premises~ it is most unlikely that the described parcel
can be reasonably and suitably employed for any of the uses to
~hich the ordinance restricts i~. Thus, a reclassification to
a business zoned area would be in accord with the substantial
change made to the area by the Middle Road widening, and, in
accord ~ith the already existing zoned business areas in close
proximity thereto.
WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold b,~ ............ (~l~.l~/:~:K.,...~'~.,.,....l~l.'~.~..t.~.¢~.:..~...!~ .....
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from ...~'j~.~..~l ,...~!. ~.~[~ ,. District to ..~.~'.;~...~.~.~.! .........
District the property described in said petition, and
WHEREAS said petition was duly referred to the Planning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter, a public hearing in relatior~ to said
petition having been duly held by the Town Board on the ..... ],J.~......da~,
of J~,~.~l~]:~ 19.~..., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is i)~liX~).
].967
"&l~zt #. IL/.chmond
· ~m o£ ~outhold
September 25, 1967
Richard Cron, Esq.
Main Road
Gutchogue, New York
Dear Mr. Crons
Enclosed you will find photos presented
by you at the hearing for Casbor, Xnc., held
on September 12, 1967, at the To~n Board,
Greenport, New York.
Stncerely,
Barbara C. Dittmann
MINUTES
SOUTHOLD TOWN BOARD
September 12, 1967
Present:
SUPERVISOR LESTER M. ALBERTSON
JUSTICE RALPH TUT~tT.T.
COUNCILMAN HOWARD VALENTINE
COUbEZ?T.MAN LOUIS DEMAREST
CASBOR. INC.
SUPERVISOR ALBERTSON: We will open the hearing at this time
and I will read the legal notice of hearing.
"NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE°
"Pursuant to Section 265 of the Town Law and Article IX, of the
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York, public hearings will be held by the Southold Town Board in the
Office of the Supervisor, 16 South Street, Greenport, New York, in
said Town of the 12th d ay of September at 7:30 o'clock in the evening
of said day on the
Ordinance, (including the Building Zone Maps)
Suffolk County, New
"1. By changing from "A"
following proposals to amend the Building Zone
of the Town of Southold,
residential and Agricultural District
to "B-2" Business District the following described property:
"All that certain plot, piece or parcel of land situate,
lying and being at Mattituck, Town of Southold, County of Suffolk,
State of New York, bounded and describes as follows:
"BEGINNING at a concrete monument on the southeasterly side of
Westphalia Avenue at the northwesterly corner of the pren~ses herein
described; running thence along Westphalia Avenue two courses and
distances: (1) South 70° 00' East 116.10 feet to a monumnet; (2) south
36° 23' 40" East 125.00 feet to a monument and Middle Road C.R. 27;
running thence southwesterly along Middle Road CoRo 27 on a curve to
the right having a radius of 1799.86 feet a distanc~ of 306.90 feet
to land of Kaiser; running thence along said land of Kaiser, North
-5-
My first point is the close proximity to business areas as well
as other zoned business area. If one looked at the immediate vicinity
on the north and south of Middle Road and east of Westphalia Road
they would find a total business area. On the southerly line of the
Middle Road you have the Town Marina. If there was a continuation
of the business area north of the Middle Road it would extend in
southerly direction , go to the southerly side of the Middle Road.
You find the same situation on both sides of Love Lane. You have a
business zone 450 feet from the north line of Westphalia. You can
go to the other side of Westphalia, the southerly side. This is
running around all the way to Lipco Road. The subject premis~3
is very close to the other presently business zone property.
fact th~ we are in close proximity to other business, This is
reasonable to be rezone to a limited B use. The second point I
would like to make is in respect to the change.
you look at the area in respect to this
dual highway, two lanes on each side
The
I would say
longer conducive to development as residential property. The best
one could hope for at this location is the minimum t~eof house. I
don't think anyone is going to put up an expensive house in this
area. It is more conducive to limited type of business use. I don't
think it would be in violation of the spirit of the Ordinance to rezone
this as B-2 Business area.
It means alot when
parcel. You will tell with the
This in itself makes it no
SD-PERVISOR ALBERTSON: Anyone else wish to speak infavor of this
changeof zone?
(There was no response.)
SUPERVISOR ALBERTSON: Is there anyone present who wishes to
speak against this application?
WILLIAM E. HARRISON: I would 1~ to present the following letter
and petition from the Westphalia Civic Association and the Baptist
Church.
THE SUPERVISOR: Anyone else wish ~ speak against this change?
RICHARD CRON, ESQ.: Is there any objection to reading those
letters?
SUPERVISOR ALBERTSON: Not a bit.
"Rd %1, Box 334, Mattituck, New York, September 12, 1967.
"Town Board, Town of Southold, Greenport, New York.
"Reference: Proposed change in zoning from "A" to "b-2" of property
north west corner of Westphalia Road and C.R. 27, Middle Road, in
Mattituck.
"Gentlemen:
"The officers, directors and members of the Westphalia Civic
Association go on record as being opposed to the proposed downzoning
of the above listed property. As evidence of this, we are enclosing
signed petitions of 127 of our members and also signed petitions of
members of the North Fork Baptist Church.
-7-
"T~e Westphalia Area residents have spent a great deal of time
and money to make this a nice residential area in which to live.
The membership of the North Fork Baptist Church have done ]f~ewise
as their beautiful church demonstrates on C.R. 27, adjac~t to the
property re~erenced above. This church is an asseit to Mattituck
and the Westphalia area. Anybusiness next to it would de'tract from
the area.
"We request the Town Board of Southold to DENY the proposed change
in zoning because:
"1. It will reduce the value of nearby homes and church property.
"2. Any busin ess will increase the traffic problems at this
intersection. Numerous traffic accidents have occurred here as Town
police records will verify.
"3. There is no need for additional property zoned for business
as numerous vacant properties are zoned for business in the Mattituck
area, including along C.R. 27/
"4. The Master Zoning Plan for this area has not been published
yet, however, we understand it will recommend against further business
buildup on C.R. 27 in Mattituck.
"The Town Board of Southold has rejected proposals to downzone this
particular area~ the pa~t. We request they do so again.
"Sincerely yours, /s/ W.E. Harrison, Jr., President."
-8-
SUPERVISOR ALBERTSON: Then folbws the petition.
"The undersigned hereby petition the Town Board of Southold to
DENY the proposal to amend the Building Zone Ordinance (including
the Building Zone Map) of the Town of Southold, Suffolk County, New
York, by changing from "A" Resid~tial and Agricultural District to
"B-2" business district the following described property: All that
certain plot, piece, or parcel of land situate, lying andbeing at
Mattituck, Town of Southold, County of Suffolk, and State of
New York, bounded and describes as follows:"
SUPERVISOR ALBERT$ON: And it proceeds to described the
property, and this is signed by 127 property owners.
Is there anyone else that wishes to be heard.
MR. WILT.~: I would like to ask a question. Mr. Cron indicated
that in his statement "B-2". I don't quite understand what "B2" is.
It doesn't make any difference one way or the other. He indicated
in his argument there is just a little bit of property before the
marina. This gentlemmn lives on C.R. 27. Charlie Abrams lives on
this road. Then you have another house and then you have Love Lane
and then you have several houses there. That area on ~ e east side
of Westphalia
not business,
place.
MR. BENNET:
is going to be developed into a park program. This is
the application of the N~-~ words is entirely out of
Mr. Cron said that he didn't think any homes would
be built on that property. Mr. Reeve's home is very nice and was
built after the road was widened. I contradict saying he didn't think
any home would be built in that area.
-9-
PASTOR SCHRORIN: I would like to say we are running about a
$70,000 project there now. We do have future plans for an addition
that will be facing the east and look at the road and the
area we are talking about now. We are concerned with the fact that
as stores would go up th~will be facing the entrance to the
church. I had past experience where business opened next to the
church. A series of small steres. The stores here are little. The
parking caused more problems for that church. We had youths going
in that were drinking and we still do to this day. The police are
very good. They come down when you call them. I believe the same
this would happen here in the future. We would like to see it stay
the way it is. We have built to keep within~ the area.
SUPERVISOR ALBERTSON: Anyone else wish to be hard in opposition
to this change?
(There was no response.)
RICHARD CRON, ESQ.: I don't believe I said what Mr. Wiliiams
said I said. The Town Marina there was a business zone running down
to Love Lane. I didn't say anything about any houses that were in
that particular area. Apparently there is misgiving that the church
is directly adjoining to any business. There is nothing pernicious
about a business adjoining a church. As far as the area itself, I
still believe this property is not conducive to residential use, not
outstanding that someone else has built in the area. I would like
to submit some pictures of the area which I think will clearly depict
the area, and I would ak~ ask the Board to review them.
-10-
SUPERVISOR ALBERTSON: We will be glad to accept them.
RICHARD CRON, ESQ.: When you don't need them for the record I
would like to have them back. I have an aerial map here which presently
doesn't indicate a substantial residential area in the area. I have
marked an X on the subject premises. We do not feel that this
premises is useful for anything other than business. I fail to see
where this t~pe of business would he obnoxious to the area as well
as obnoxious to the church. The subject premises will facilitate
their own parking. The church is no worse off thah it would be if
it was zoned to "B-2" use and to use it as we have indicated.
FRANKLIN BORN: The church I believe is about 200 feet from
the premises. There is a buffer between this property and the
church. Again I think that the argument that all business d~aws
and undesirable element , doesn't seem to hold true.
element will he held down by the fact of the church. I think we
are n~ in violation. We are not going into shopping centers. We
are going into small office buildings and ve~ nice restaurant. I
don't think this in any way will be ~ conducive to any undesirable
element.
W~LL33~M E. HARRISON,JR.: The taxpayers pay for a highway. The
m~ main objective of a four lane highway is to move the traffic
through the area more rapidly. As soon as you put up a four lane
highway every land speculator tries to set it up with business. You
d~ive along Route 25 A in Rocky Point area. There is a rather
unusual looking church there. When it was built it was in an area
This undesirable
-11-
by itself. Look at it today with used car lot and miscellaneous
business on l~th sides of it. The place looks completely out of
place right now. Travel along Sunrise Highway. They are building
another four lane highway with access lanes on the side so you
can get through that area.
be uses as a highway,
of it.
SUPERVISOR ALBERTSON:
one point here. The Town marina in Mattituck. The Town did own
some property adjoining the park district. The Town of Southold
and interest to the park district and this
deeded any right, title
is all park district.
PASTOR SCHRORIN:
respect to the church.
the parking problem.
When the taxpayers build a road it should
not a place for every business to come alongside
think for the record I should clear up
I would like to make another point here in
Selden ia the area I was referring to with
It was not the church parking lot but the lot
where the building was going up. The next point is that Mr. Kaiser
already conducts a business on his property. If this change was
granted Mr. Kaiser would follow suit and we would have them on ~m~ our
front lawn. This could be very detrimental. I think this should
be taken ~to consideration. The detriment of the stores themselves
should be taken into consideration. As far as the church I was
speaking about is coneerned you can call the pastor of that church,
call the police up. They would verify what I am saying here tonight.
That is the problem they are having there.
-12-
MR. JENSEN: I am a deacon of the church. I can't understand
how they are going to have a building there becuase we have to go
in. We have to go to the other street. There is no road for
this property.
SUPERVISOR ALBERTSON: You mean there is no c~oss over for
the church?
MR. JENSEN: We can't go out the same way we came in.
RICHARD CRON,ESQ.: I will just make a couple of closing statements.
I would like to say I don't depict what he says. It is true that
in certain al~a zoning has permitted areas to get out of hand. Maybe
this is why the initial application was turned down. I don't think
it is fair to conclude from what has prevailed in other areas. This
is why you are asked to look on an application f~r a limited use. You
have seen fit to deny a previous application on a more unlimited use.
The same thing could not prevail here. We could not run into the
area he has said. Business may change hands and deteriorate. If
someone has a going business they are not going to let it go to pot.
I donJt think the agrument hold weight in this area of the
application.
SUPERVISOR ALBERTSON: Anyone else wish to be heard?
FRANKLIN BORN: They talk about the deterioration of business.
Likewise this could happen to a church as well. In the vicinity of
Me,ford there is a church right in the heart of Town that they can't
seem to sell and it has become sort of a white elephant and it is
taking away from the business. It can happen to churches as well as
business.
-13-
SUPERVISOR ALBERTSON: Anyone else wish to be heard~
WILLIAM E. HARRISON, JR.: One more comment I would like to make.
I have go an idea of what might happen here. You will see where
Papish use to have a business. For two years I have seen a sign in
the window at the intersection of Cox Neck Road and C.R. 27,
going to be a restaurant. I haven't seen any restaurant yet.
get that eyesore used as a business before we grant any more down
the road.
SUPERVISOR ALBERTSON: Anymne else?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, we will close the hearing
at this point for the further deliberation of the Board.
there is
Let's
, /,
..~ ¥.,1'i~i' '' :~ : . , ' ' 30 .~ p3%i~io-rl - ',~ 0,.'~ JOa£'l ) ~0'.i~ .~'~ ~ ....... '--
oUllOi.* ' '-:- el: JCL'.: ' ' k''
(Z) ~' 70~ 00~ : ' · ,_,. o ..~ ......
aas5 116.10 ' ~ %0 a ~on~.'~n,3 (2) ~,
125.00 ~,:. I~ tO a ;,,onm.,ent and .Xddle .~oad i~ .., . 27} , ', '
or 1799..~. reef a distance o2 506.90 zee~ oo land of ,,a~sez'. su~.:~z,~
along sai,~ land of l[aise~'~ _bFth 67° 39' 30, .,"cst 205.05 reel co a
a't the southwesterly corner of the premises hsPein described: runnln~
North 56c~' }0".EaaN3}8.96 feev ~o vh~ monm,~ent at the point
:.a4,: , / /,./,/, ~%,~s . .
/~~"~ · . / ~ /
., , / / ,- /~' - ,"
,~ ' , ~ ' I ' : ~ .
14.
15.
16.
17.
18.
19.
20.
(1) aoubA TO~ 00' Easg [16.10 reeC ~¢ a o.L~:cns/ (2)oou~,~'-' ),_ ~ ~' ....' aa ....
L25.00 .... ' .....
1.?'3St'SZ'ly alon,~ :'idd!e i{oad C.[. 27 o~ a c~-ve to the ri.%% .~..=...~,
of 179Y.o0 fee-o a distance oz 306.90 fee{ to land of ,.aiso~' :u~:~i., '' "
along said laad of Kaiser', NoFth 67° 39' 30''','[est 205.~5 feet
at the souvh~.¢osterly corne~- of the premisoa herein descFibed; .2um~m..~
North }6: 47' 30" gast 358.96 feet ~o th~ monm~ent at tho poix~ of
P :T I" I 0 ·
?he unde~si,gned hareb~ petition the ~ ~d' of ~uthold to~ ~he pro-
~ to ~snd the ~ ~ne ~di~ce (lncL~l~ ~e ~ Zone
of ~he 'fo~n of ~ut~ S~fo~ ~, :~ York, by ~ ~
fo~ des~l~ p~p~ty~ ~ ~t c~t~ p~t~ pi~e or ~cel of
B~I.~G at a concrete ~t on the ~h~t~y ~de of
~est~a av~e at ~e ~eat~Ly corn~' of ~e ~eee h~e~n
des~i~ ~thence ~ Weat~a ~v~ue t~ ~eea ~
(~) ~uth ?0° ~, ~t ~6.~0 feet ~ a ~on~t~ (2) So~h ~6° 2]' ~0e
~.~ fe~t to a ~t ~ i~d~e ~ ~.~. 27; ~ thee ~uth-
of 17~9.~6 feet a d~a~ce ~ ~.~ feet to ~ of ~s~; ~ th~ce
~o~ a~d ~ of ~a~. ~h 6?° ~9' ~0" Wea~ 20B.8~ feet to a
at the eout~eat~ly corn~ of the pr~see h~n deskube; ~ th~ce
~orth 36° ~?, 30" ~t 3~8.96 feet to ~e ~t at the ~int of b~g~.
13.
16.
19.
PETITION
The undersigned hereby petition the Town ~oard of .qouthold to D~NY the pro-
posal to amend the Buildin~. Zone Ordinance (Including the Buildin~ Zone 14ap)
of the Town of Southold, Suffolk County, New York, by changiag from "Aa
Residential and Agricultural District to "B-2" Business District the
following described property: Ail that certain plot, piece or parcel of
land situate, lying and being at Mattituck, Town of Southold, County of
Suffolk, and State of New York, bounded and described as fellowsl
BEGINNXNG at a concrete monument on the southeasterly aide of
Westphalia avenue at the northwesterly corner of the premises herein
described: runningthence along Westphalia Avenue two oourses and distances:
(1) South 70° 00, East 116.10 feet to a monument; (2} South 36° 23' 40" East
12~.00 feet to a mon~ent and P~ddle Road C.R. 2?; running thence south-
westerly along I,~ddle Road O.R. 27 on a curve to the right having a radius
of 1799.86 feet a distance of 306.90 feet to land of Kaiser; running thence
along said land of Kaiser, North 67° 39' 30" West 20~.8~ feet to a monument
at the southwesterly corner of the premises herein described; running thence
North 36° $7' 30"..East 3~8.96 feet to the monument at the point of beginning.
posal to a ~nd ~_c .uildi~,: Zo:~ Ordina~,: (2:LC!Udi~__' S.~' ~.'u:.l-.f . ~,:' -.a::,)
ol ......... ' ~ ~' ' - ' ' "~'~
2ollo;.;in: ~.':sc_'i:,ed prop,aztT: &~i that ctrtai:: -~1o':; pi~c:
land sibua:.~, l:in, and beinj ab ,_a'boi'bucZ. /o.;n of ooa'c2ul,:,.. ~o~u.~. o~
~EGINNI[IO at a concreta :..on~,cn~ o.x ~ne ooa~n,~as,,c:-: ,:,_u~ oi'
]les'bphalia avenuo a~ '0he no~'-chwcsbaP17 co_u~o: 02 oh
(1) ~outh 70° 00' ~ast 116.10 '~ ' ~ ' "
z~ct 'bo a : onm~,Jn~ (2) ~oubi~ 3~~ 2~ M)~, ~a,,~
125.00 .... to mon~,ent and i.~ddle ' ~'
westerl7 alon,~ ~'iddle l{oad C.R. 27 on a c~"ve bo vhe ri irb havins a ra:liu:
of 1799.oo'' feet a distance of 306.90 feet to land
along said land of I[aiser~ North 67° 59' 30" '.Vest 205.~5 2eeb
ab the southwesterly corner of the premises herein desc~ibed~ runnino
North 36° 4?' 30":East 358.96 feet to th~ mon~,~enb at the point of be,:ji~iii~.;.
./' &/ '
MgT IT ION
The undersigned hereby petition the Town ~oard of Southold to ~ the pro-.
posal to amend ~he B~ildin~ ~one 0rdin~nco (Including the BuAldlng Zone ,~ap)
of the To~n of ~ou~hoLd. Suffolk County. Ne~ York. by changing from N&~
Residential and Agricultural Die~rict to #B-2 - Bu~inese District the
followir~ described property: Ail that certain plo% piece or parcel of
Land sittta~e, lyin~ and being a~ i~mt~ituck, To~n of Sou~hold~ County of
Suffolk, and State of Ne~ York, bounded and deseribed as follows:
BEGIN~'~ING at a concrete monument on ~he southeasterly ei~e of
Westphalia avenue at ~he nerth~esterly corner of the premises herein
~escribed: runnlng~hence aXon~ ~eo~phalia Avenue two eoursea and distanoes:
(1) Sou~h 70° 00, East ll6.10£eet to a monument; (2) ~outh ]6~ 23' SOP East
12~.OO fee~ to a n~nunent and A~,~dle ~oa~ C.R. 27; running thence south-
~esterl¥ along Middle Road C.R. 27 on a curve to the right havir~ a radius
of 1799.86 feet a distance of 306.~O feet to land of Xalaer; running thence
along said 1And of Xaiser~ No~h 67° 39' ~0a '~est 20~.8~ feet to a monument
at the soul.ereCtly corn~ of the ~ses h~n dea~ib~ ~,m~ ~h~ce
North 36° ~7~ 30n ~st 358.96 feet to ~e ~n~t a~ oho ~int of begi~.
~.:'~ o2ou~ , ]_.'in.. and oein, ~' '-' .... - '
.descriLc,d . .ru:,if.., ahencc alon; i,ea~ Z~alia Avenue cwo
of 1727.c,: icc6 a distance of 306.90 zceL 6o lando~- ~ ~,a~scr
alon.~ sai,~ land of i[aiser~ Jortk 67° 39' 30~' ./est 205.b~
a5,~,m~ souLhwosterly corner of the premises hereinee~cF%o~,,~' ~ -'~- - 3lt~lllJ_iio ~h~iice
Jor%h 36° 47' 30" Sass 358.96 feet so the iaon~aent a% tho poi~tc o2 be,[inniA, .
10.
11.
12.
13.
15.
16.
17.
18.
19.
20.
followin ~sc?!~ed pi'ope_'t;y: ~z oh~ -- ''
lJestphalia avenue ab %he no~.'oh%-Tcsbez.ly ooPnaP o2 '~,,
(1)
oOU~n 70° 00' ..... ~ .... ' '
~a~ 1~O.~0iue% bo a ~:on~.~cnb~ %~) ~oubh ~
12) .00
~e,=,. %o a mon~,,en% and ..iddle .~oad~.~.."" 27~
%'~es%erly alon3 ~'~ddle Aoad G.R. 27 on a c~ve ~o Lhe
or 1799.u6 feeb a dls%ance of 306.90 feel uo land oY
along said land of I[alse~-~ Jor%h 67° 39' 30" ,]est 205.~5 feet
a'b bhe sou%hwes%erly corner of %he pre~ises herein .... ' ........
;;or%h 36° 4?' 30". gas~ 35S.96 fee% %o ~ke mon~zen% ab ;he
10.
11.
12.
13.
15.
16.
17.
18.
19.
20.
LEGAL JNOTICE
NOTICE OF HEARIIq~
ON PHOPOSAL TO
AMEND ZOHI1VG ORDI~/CANCE
Pursuant to Section 265 of the
Town Law and Arlicle IX, of the
l~uildmg Zone Ordinance of the
Town of Southold, Suffolk County,
Nem York~ public hearings w/Il be
held by the Southeld 'lown Board
in the office of the Supervisor, 16
South Street, Greenpor£, New York,
in said Town on the 12~h day of
September at ?:30 o'clock In the
evening el ~aid day on the follow-
ing proposals to amend the ~uild-
h~g Zone Ordinance, (including the
building zone maps) of the Town
of Sour'hold, Su~iolk County, New
York.
· By changing from 'A' Resi-
dential and AgriculluraI District to
"B-2" Business District the follow-
ing described proper~y:
All that certain plot, piece or par~
col of land situate, lying and being
at Mattituck, Town of -'~otlthold,
County of Suffolk and State of New
York~ bounded and described as fei-
BEGINNING at a concrete monu-
Westphalia Avenue at the north-
westerly corn.er of the premises I
here ih described; running thence
along WestlYhaLia Avenue two
courses and distances; (1) South 70'
00' Ea~t 116.10 feet to a monUment;
(2) South 36= 23' 40" East 125.00
feet to a monument .and Middle Road
C. R. 27 running thence southwest-
erl~', along Middle Road C. R. 27 on
a curve to the right having a rad-
ius of 1799.86 feet a distance ofI
306.90 feet' to land of Kal~er, ru~-
nin~ t'hence along said la~d o£
Kaiser, Nq~th 67 = 39' 30" V~st ~
205.85 feet to a mor~ument 'at the
southwesterly corner of the, prem-
iset he~:ein described; running thencs
north 36~ 47' ~0" East 358.96 feet
,to the m~numenf at the point or
place of beginning.
Any person desiring' to be heard
on the above proposed amendment
shoul~ apl~a~ al the time and place
above specitted.
DATED: ~UGUS~' 8, I067, BY
ORD~S 'OF TH~ SOUTaOr-D
ALBERT W. RICHMOND,
TOWN CLERK ltS1
COUI~TY OF SUFFOLR,
STATE OF NEW YORK, ~ ss:
J
...~.~_..~'.~, ~..,~.-~ .~-..~:~.c. ¥.~..~-. ..... ~ing duly Sworn,
says that .. ~.~--is Printer and Publisher of ~e SUFFOLK
WEEKLY TIMES, a news~per publish~ =t Greenport. in s=id
county; and ~ th~ noti~, ~f which the ~exed is ~ printed
~py, ~s been published in the ~d Suffolk Weekly Times
once in each week, tot ......... ~ ............. week~
suc~ssively oomm~ncing on ~e ... ~
.........
S~ to ~I=~e me fhis . :~.~ ....
't
~ PROPOSAL TO AMEND
,Zone O~ce of t~ To~ of ~uth-
,~old, 8~01k Co~ty, New York, public
~a~s will ~ held by the Southol~
To~ ~ In the office of the Su~r-
visor, 1~ ~uth Stye{. Gr~n~rt,
York~ in ~d Town on ~he 12th d~y
~f ~p~m~r at ~:30 o'clock la th~
evening of ~d day on the fo~vw~
Om~ to ame~ the Bugdtng Zone
~. By c~g ~rom "A" Residential
and Agric~t~al
~ D~ the foHo~g ~b-
of land sit~ ly~g ~d ~ at ~a~
Mtuek,
~uffol~ ~d Sta~ of
Westph~ A~nue at the no.west=
erly ~r
~sc~bed;
~e~: (1) ~u~ ~0~ ~ ~t 116.10
~' ~' ~ ~ f~t ~ a monu-
~en~ nnd ~e ~ ~. R. 27; ~n-
'~lng then~ ~ly alo~ Mld=
~le ~ C.
a ~t~ of 3~,~ feet to land of
~r; ~ng thence ~ong ~ld
land of ~r, N~h ~= 39' ~ Wesk
R05.~ ~t ~ a mon~ent at ~e
here~ d~bed; ~n~ ~ence ~o~
mon~en~ at ~e
~WN ~A~
COUNTY OF SUFFOLK
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that t~e is the Editor, of THE LONG ISlaND
TRAVELER - MAI-I'ITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once etch week for .,.. -~. ~.~-~.,..L~...?...._ wee~
successively, commencing on the .... ~.,. ?~....~ ...
day of ........
..................... ,- .......
Sworn to before me this ........ x %5, ........day of
...... ....... ,
/
.--)
~'ot~"~ ~t~tt~ .'/
running thence north 36° 47' 30"' Bast 358.96 feet to the
monument at the po~nt or place o£ beginning.
Any person desiring to be heard on the above proposed
DATBD8 AOtJUST 8. 1967, BY ORDER OF THB $OOTHOLD TOiflf BOARD
ALBBRT O. RZCHMOIfD. TOWN CLERK
PLBABB PUBL3[SH OIICB, SB~,~ 1, 1967, AND F~D FOUR (~)
i; AFF~V:ETS OF FUBL]~C~ATI[GM TO TH~ SOUTHOLD TOWN CLERK, TO~Fd OFFI;CB,
Cop~e~ maAled to the follc~nq~
The SuffoLk Weekly t:Lmes
The Long Island Trev eler-Matt~tu~k Watchman
Richard Cron, Esq.
Purl~unt to Section 265 of the Town Law and A~ticle XX,
o£ the Bu%ldAng Zone Ordinance o£ the Town o£ Southold, Suffolk
Co~a~t¥, Mew York, public hearings will be held by the So~thold
· roetlport, Mew York, in said Toun on the 12th day o£
80ptOdser at 7~30 o'clock in the evening of laid day on
~ha fallacies proposals to amend the nuAlding Zone Ordinance,
(~nolud~ng the building sene maps) of the Town of $outhold,
Suffolk County, Mew York.
I. By changing from "A" Reeidentialmd Agricultural
proportys
AIl that certain plot, piece or parcel of land situate
lying and be4ng at #attituck, Town of Southold, County of
fuffolk and State of Mew York, b~undmd and described
BBO33003f~ at a concrete monument on the southeasterly
0%do of westphalia Avenue at t~e easterly corner o£ the
pre~em hare in ~ee~ibed~ running thence along Westphalia
Avenue two courses and distances, (1) South 70° 00' Bast
Il6.10 feet to & monument! (2) South 36° 23' 40" Bast
12S.00 feet to a monument end Middle Road C.R. 27f running thence
oo~westaEly along Hi,die Road C.R. 27 on a curve to the
r%ght having a radium o£ 1799.86 feet n distance of 306.90
feet to land of Kaiser~ running thence along enid land
IC~eE, North i67e 39' 30~ West 205.85 feet to a monument at
the aouth~esterlM corner of the premises
NOTICE OF HEARING ON
PROPOSAL TO AMEND
Pursuant to ~ection 265 of the Tow~
Law a~ud Article IX, of the Building
old, Suffolk County, Hew York, public
Town Board m the office of the Super-
visor, lS South Street, Greenport, New
York, in said Town o£ the 25th day o£
July, at 7:30 o'clock in the evening of
said day on the fonowing proposnls ta
amend the Building Zone Ordinance.
(including the building zone Mapz) of
the Town of Soutabold, Suffolk County,
New York.
1. By changing from "A" Residential
and Agricultural District to "B-2" Busi-
ness District the following described
property:
AL! lhat certato plot, piece or parcel
of land situate, lying and being at Mac-
tituck. Town of Southold, County of
Suffolk and State of Ne~, York, bound-
ed and described as follows:
I BEOIN~TING at a concrete monu-
,merit on the southe~[erly side
,' eriy corner of the premLses here in de-
I Westpha]ia Avenue at the northwest-
scribed; running thence along West-
phali& Avenue two courses and d
fe~t to a monument', (2~ South 36: 23'
4~" East 125.00 feet to a monument and
Middle Road C. R. 27; running thence
southwesterly along Middle Road C. R
27 on a curve to /he right having
radius of 1799~86 fee~ ~ distance of
thence along s~id land of Kaiser, North
§7~ 39' 30" West 205.~5 feet to a mon-
ument at the southwesterly corner of
the prorates herein described; run-
nhqg thence north 36: 47' 30" Eas~
1358.96 feet to the monument a.t fhe'
I point or place of beginning.
Any per~n desiring to be heard on
the above proposed amendment should
appear at the time and place above
specified.
COUNTY OF SUFFOLK
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that t~e is the Editor, of THE LONG ISLAND
TP, AVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has bee~
published in said Long Island Traveler-Mattituck Watch-
man once each week far ..... ~-~_...L..,. .. week_
successively, commencing on the ........... ~..~. ....................
........
............................ .......
Sworn to before me this ..... - .~....Z ....... day of
.......
..... ............
NO'FlOE OF I~,A.RINO ON
PROPOF, AL5 TO AMEND
ZONING ORDINANCE
~ant.~ ~ct~ 2~ ~e
B~ ~e ~ce o~ the
ty, NeW Yor~, p~ h~ wlU ,i
~ h~d by ~e ~Id T~wn~
~d in ~e Off~e
~rt, N~ York, In ~aid To~ on
Zone ~) ~ the T~n of ~u~-
old, Suffolk ~ty, New York_
~u~, C~ ~ ~ffolk and
S.~ .o~ N~w York, ~u~ and
w~ c~r of
al~g said. la~ ~f
mon~ent at t~ ~thw~terly
COUNTY OF SUFFOLK, I
STATE OF NEW YORK, I sa:
s~ys th~t .. ~~. is P~inter ~d Publishe~ of ~e SUFFOLK
WZ~KLY TIMES. a news~per pubBsh~ ~t Greenport, in ~d
count~ and ~at ~e notice, of which ~e ~e~d is u print~
copy, ~s ~en published in the ~d Suf~ik Week~ Times
~nce in eoch week, ~or ......... ~P.~ ............. week~
suc~ssiv~ly commencing on ~e . .~~~ .....
d~y of ~ ........ ~9.a7.
Pull.at to Section 265 of the To~n La~ and A~ticle
I of the Building Zone Ordinance of theTo~n Of ~outhold, Suf£olk
Toun Board inthe office of the Supervisor, 16 South Street,
Greenport. Ne~ York, in .aid To~n of the 15th dam of ~ul¥,
at 7s30 o'clock In the evening of said day on the followin9
proposals to amend the Building one Ordinance, (including
the building zone Maps) of the Town of Southold, 8u£folk
County, lew York°
1. By changing from "A" Residential and Agricultural
Dis~tct to "B-2' Business DIs~Ttct the following described
· p~operty:
Ail that certain plot, piece or parcel of land situate,
lying and being at Nattituck0 To~n of Southold, County of
Suffolk and State of New York, bounded and described as
BB~Im~]~3 at a concrete monument on the southeasterly side
of westphalia Avenue mt the northwesterly corner of the premises
here in described~ running thence along westphalia Avenue
t~o couEses and distancest (1) South 70° 00' East 116.10 feet
to a monument: (2) South 3&° 23' 40" gut 125.00 feet to a mon-
i~ ument and Middle Road C.R. 27~ z'unning thence southwesterly
,I
aloncj Middle Road C.R. 27 on a curve to the right having a
radius of 1799.86 feet ~m a distance of 306.90 feet to land
67 39' 30' West 205.85 feet to a monument at the southwesterly
corner of the premises here~n describedj ru~ning thence
-2-
north 36~ 47' 30" Baat 358.96 feet to the monument at the
Any ~son ~8~g to ~ h~rd on ~e ~e pro~sed
mnbnt ~o~ld ap~ar at ~e t~ ~d pla~ ~d s~cl~ied.
~D: ~ 27, 1967, BY ~ ~ ~ 80~~ ~ ~D
AT.~RT ~. RXC~, ~ CL~
FLEASB PUBLTSH OISCB, JULY[~ , 1967, AMD FORWARD ~
AFFIDAVITS OF PtlBL~CATIOif TO THE SOUTHOLD TOWff CLERK, TOWN
Copies m~iled to the followings
Tho Su£folk Weekly Times
Tho Long Xsland Trrveler-Hettituck atchman
R~o/mrd Cron, esq.
Southold Town Planning Board
SDUTHDLD, L. I., N. Y. llg?l
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Moisa
AJfred Grebe
WHliarn Unkelbach
Frank Coyle
Report to:
Southold ~own Board
16 South Street
Greenport, New York
June 26, 1967
Gentlemen:
This is to certify that the following action was taken by the
Southold Town Planning Board at a regular meeting held on June 20, 1967:
In the matter of the petition of Casbor, Incw Mattituck, New York,
for achange of zone from "A" Residential and AgricUltural District to
"B-2" Business District on certain real property situated at Matttituck,
Town of Southold, Suffolk Coutny, New York, and bounded and described
as follows: BEGINNING at a concrete monument on the southeasterly side
of Westphalia Avenue at the northwesterly corner of the premises herein
described; running thence along Westphalia Avenme two courses and
distances: (1) South 70° 00' East 116.10 feet to a monument; (2) South
36° 23' 40" Bast 125.00 feet to a monument and Middle Road C.R. 27,
running thence southwesterly along Middle Road C.R. 27 on a curve to
the right having a radius of 1799.86 feet a distance of 306.90 feet to
land of Kaiser; running thence along said land of Kaiser, North 67°
39' 30" West 205.85 feet to a monument at the southwesterly corner of
premises herein described; running thence North 36° 47' 30" East 358.96
feet to the monument at the point or place of beginning, it was
RESOLVED that the Southold Town Planning Board does not favorably
recommend to the Southold Town Board the Change of zone from "A"
Residential and Agricultural District to "B-2" B~siness District on
the above described property.
The Board finds this property is in close proximity to a church,
and it is their opinion not suitable for business use.
Respectfully submitted,
! ,/, ' -I,
John Wickham, Chairma~
Southold Town Planning ~oard
/Od
CC:
Town Clerk
SOUTHOLD, L. I,, N. Y.
June 20, 1967
Mr. John Wickham
Chairman Planning Board
Cutchogue, L.I.
New York
Dear Mr. Wickham;
The original petition of
Casbor, Inc., by Frmnk Born, Treasurer,
Mattituck, New York, relative to change
of zone from "A" Residential and Agricult-
ural District to "B-2" Business District
on certain property situated in Mattituck,
New York, 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 effected with the
recommendation of your Board.
AWR/mr
Very truly yours,
Albert W. Richmond
Town Clerk
STATE OF NEXV YORK PETITION
TOWN OF SOUTHOI.D
IN TIlE MATTER OF TIlE PETITION OF
FOR.\ CHANGE, MOI)IF[C.\TION OR AMENDMENT OF TIIE BUILDING ZONE ORDI-
NANCE OF TI4. E TO\VN OF SOUTIIOLI), StrFFOLK COUNTY, NEW YORK.
TO TIlE TO\VN BOARD OF TIlE TOWN t)F SOUTHOLD:
CASBOR, INC.
1. [, ~ Y. ?. .~. . .~. . . .B. 9.~. ,. . ?~. ~.~. ~.r. ~.~. ..... residing at ...~.g..~.t. lCf2.k., ...................
linsert name of petitioner)
Suffolk County. New York. tile undersigned, am the owner of cerl. ain real property situated at
....................................... and more particularly bou.ded and described as follows:
ALL that certain plot, piece or parcel of land situate, lying and
being at Mattituck, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a concrete monument on the southeasterly side of
Westphalia Avenue at the northwesterly corner of the premises herein
described; running thence along Westphalia Avenue two courses and
distances: (1) South 70° 00' East 116.10 feet to a monument; (2)
South 36° 23' 40" East /25.00 feet to a monument and Middle Road
C.R. 27; running thence southwesterly along Middle Road C.R. 27 on
a curve to the right having a radius of 1799.86 feet a distance of
306.90 feet to land of Kaiser; running thence along said land of
Kaiser, North 67° 39' 30" West 205.85 feet to a monument at the
southwesterly corner of premises herein described; running thence
North 36° 47' 30" East 358.96 feet to the monument at the point or
place of beginning.
2. [ dc, hereby petition the Town Bonrd of the Town of Southold to change, modify and
amend the Building Zone Ordinance of the Town of Southold, Suffolk Cotmty, New York,
including the Building Zoue Maps heretofore made a part thereof, as follows:
By amending the zoning restrictions of the above described parcel
from "A" Residential and Agricultural District to "B-2" Business
District pursuant to Article IX of the Building Zone Ordinance of
the Town of $outhold.
3. Such request is made for the following reasons:
The parcel above described is situate at the corner of
the intersection of the northwesterly line of Middle Road (County
Road 27) and the southerly line of Westphalia Road. A distance
of about 175 feet from the southerly line of the described parcel
on the southerly side of Middle Road there is presently premises
zoned "B" Business extending along Middle Road to Lipco Road and
thence to Sound Avenue and along the Long Island Rail Road to the
southerly line of Westphalia Avenue. This business zoned area
contains about the same depth along the Long Island Rail Road to
the southerly line of Love Lane and thence along Love Lane to the
southerly side of Middle Road, a distance along Middle Road to
within about 450 feet of the north line of Westphalia Road. On
the northerly side of Middle Road the business area continues
along Love Lane and Middle Road to within a distance of 525 feet
from the northerly line of Westphalia Road.
The foregoing would indicate that a rezoning of the
parcel herein described would be directly in the path of the
natural and orderly extension of the presently "B" zoned areas
on both the northerly and southerly side of Middle Road between
the areas of the southerly line of Westphalia Road and the pro-
longation of the northerly line of Lipco Road across the Middle
Road. The area of the parcel herein described is about 1.70 acres
located on a main artery for vehicle traffic and on another street
connected to the main artery. With the widening of Middle Road
as a main traffic artery there is or will be sufficient change
in the character of the area warranting reclassification of the
property to that of the surrounding business area.
The subject parcel is ideally suited for purposes of a
business zoned area~ and a reclassification of the zone for that
purpose is reasonable and in accord with the comprehensive plan
of the zoning ordinance. Moreover as heretofore indicated by
factual details presented~ the subject property is in such proxi-
mity to other property classified for a business use that said
described parcel may be considered an extension thereof.
One final factor should also be considered. In the
light of the substantial change made to the Middle Road adjoining
the subject premises~ it is most unlikely that the described
parcel can be reasonably and suitably employed for any of the
uses~ which the ordinance restricts it. Thus~ a reclassification
to a business zoned area would be in accord with the substantial
change made to the area by the Middle Road widening, and~ in
accord with the already existing zoned business areas in close
proximity thereto.
Such request is made for the following reasons:
See Annexed Statement
CASBOR, INC.
(L. S ) ~
STATE OF NE~,¥ YORK, )
) SS:-
COUNTY OF SUFFOLK, )
........ F~x~..'~.~x~..J.....B. QI~ ............... BEING DULY S\VORN, deposes and says that
he is the petitioner in the within action; that he }las read the toregoing Petition and kmows
the contents thereof; that tile same is true to his Iher) own knowledge, except as to tile matters
thereiu stated to be alleged on information and belief, and that as to th-se matters he I,elieve> it
to be true.
January 18, 1972
Albert W. Richmond, Town Clerk
Town Clerk's Office
Southold, New York 11971
Re:
Application of Casbor, Inc.
for Zoning Change
Premises: Westphalia and
Route 27
Dear Mr. Richmond:
In connection with your letter dated December 21, 1971, to
Casbor, Inc., relative to the above captioned, please be advised
that the applicant now withdraws his application for a change of
zone and will not at this time submit any amended applications
to seek such change.
The application for the zoning change is being withdrawn due
to the fact that Lots 2 and 3 on the approved minor subdivision
have conveyed to other parties~ and Lots 4 and 5 are under contract,
and have been for some time, and will be shortly deeded to the
respective contract vendees.
Thanking you for your courtesies in the matter.
aly yo ,
'~ Richagd J~ Cron
JC/j f
cc: Howard Terry, Building Inspector
Seth A. Hubbard
Chairma.
Lee E. Koppelman
Director of Plannt. g
Suffolk County Department of Planning
H. Lee Dennison, Cou,~ty Executive
Veterans Memorial Highway
August 9, 197I
Hauppauge. L. l., N. Y.
724-2500
Mr. Albert W_ Richmond,
Town of Southold
Main Ro ad
Southold, New York 11971
Town Clerk
Re: Application of Casbor, Inc. for a proposed
change of zone from "A" Agricultural and
Residence District to "B-Z" Business District,
Town of Southold, (SD-?I-5)
Dear Mr. Richmond:
Pursuant to the requirements of Sections 13Z3 to 133Z of the Suffolk County
Charter, the Suffolk County Planning Commission has reviewed the above
captioned zoning action and has disapproved this change of zone because of
the following:
It is not consistent with the pattern of zoning on the
north side of Middle Road in this locale and therefore
must be considered as "spot zoning".
It would tend to establish a precedent for further down-
zonings in the locale and along the county road detri-
mental to the safety and traffic carrying capacity of
said facility.
It is not consistent with the Town Master Plan %vhich
designates this area for suburban density residential
development.
4. The Town Master Plan calls for the prohibition of
commercial ribbon development along C.R. Z7.
Very truly yours,
Lee E. Koppelman
Director of Planning
by
Michael A. LoGrande
Chief Planner
IViAL :ec
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
TOWN CLERK 765-3783
Planning Bd. 765-2660
Pursuant to the General Municipal Low, Chapter 24, of the Consolidated Lows, Article 12-B,
Sections 239-1 and m, the ...... ~ ............. town of
~ involved) of the .......... ~1~11, ..........
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
............ New and reoadified zoning ordinance
............ Amendment to the zoning ordinance
· "~1~'" Zoning changes
............ Special permits
............ Variances
Location of affected land: ...~/e~t~-~ia.-~oa~l.-.&--~,!tdd'le"-i~d-"(-G~)'i'"l~tt~
within 500 feet of: (check one or more~
............ Town or village boundary line
.... Z~'" Stotae~°r county road, pq~'Ji,~.k~r.~rl(jt~j~
............ State or county park or recreation area
............ Stream or drainage channel owned by the county or for which the county has established
channel lines
............ State or county owned parcel on which a public building is situated
Comments: ~ p~ ~l~d d~.S&' p["~'~! t,~i eh~Zl~8 ~ ~ &~ t~
~1~slo= a~.pro~ ~ ~o ~ at tl~s
Date: ........... .~/~.-... l~ji...t~l
(signed)
........... ¢~ e...pleaml~t.. ~eae~ ...........
Title
Date received by Suffolk County Planning Commission ........................................................................
File No .................................
$outhold Town Planning Board
SOUTHrlLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wlckham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
June 15, 1971
Southold Town Board
16 South Street
Greenport, New York
Gentlemen:
This is to advise you that the following resolution was passed
by the Southold Town Planning Board at a regular meeting held
on June 14, 1971:
In the matter of the original petition of Franklyn Born, Treas.,
Casbor, Inc., Mattituck, New York, relative to change of zone
from "A" Residential and Agricultural District to "B-2n Business
District on certain property situated in Mattituck, New York,
it was
RESOLVED that the Southold Town Planning Board recommend
unfavorably to the $outhold Town Board the change of zone from
"A" Residential and Agricultural District to 'B-2" Business
District on the above described property.
The Planning Board approved a minor subdivision on this property
on date of February 25, 1970. It is the opinion of the Planning
Board that the applicant has not allowed a reasonable length of
time in which to sell the lots in this minor subdivision.
Respectfully submitted,
JW:BN
John Wickham, Chairman
Southold Town Planning Board
OFF .EF~K
moUTHrlLO, L, I., N. Y. 119'71
April 23, 1971
Mr. John Wickham
Chairman, Planning Board
Cutchogue, New York 11935
Dear Mr. Wickham:
The original petition of Franklyn Born,
Treas., Casbor, Inc., Mattituck, New York,
Relative to change of zone from "A" Residential
and Agricultural District to "B-2" District on
certain property situated in Mattituck, N.Y.
is in the files in the office of the Planning
Board at Southold, New York.
You are instructed to prepare an official
report defining the conditions described in the
petition and determine the area so effected with
the recommendation of your Board.
Very truly yours,_.~
Albert W. Richmond
Town Clerk
CJ\SI~L NO.: . ~ .....
STATE OF NEx,¥ YORK PETITION
TO\VN OF SOUTHOI,D
IN THE MATTER £)F TIlE PETITION OF
FOR:\ CHANGE. MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDI-
NANCE OF Tile TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO T]HE TOX, VN BOARD OF THE TOV~rN OF SOUTHOLD:
CASBOR, INC.,
1. I, ...by..Franklyrt .B.o. rn,..T.r.e.,.s.,.., residing' at . .M~.. [.t;$.t. gg.k. ......................
{.insert name of petitioner)
Suffolk Cotl~lty, New York, the tmdersigued, am the owner of certain real property situated at
.......... l~-.t.t..i.t[.U~15 ................. and more particularly bounded and described as follows:
BEGINNIN~a concrete monument on the southeasterly side of
Westphalia4i~tl~at the northwesterly cornering( ~he premises herein
described; running thence along Westphalia A~ two courses ~nd
distances: (1) South 70° 00' East 116.10 feet to a monument;
(2) South 36° 23' 40" East 125.00 feet to a monument and Middle
Road C.R. 27; running thence southwesterly along Middle Road C.R. 27
on a curve to the right having a radius of 1799.86 feet a distance
of 306.91 feet to land of Kaiser; running thence along said land of
Kaiser, North 67° 39' 30" West 192.35 feet to a monument at the
southwesterly corner of the premises herein described;
~ammxa~x~km~Rm~x running thence North 29° 05' 10" East 97.51 feet
to a monument; and thence running North 36° 47' 30" East 258.96 feet
to the monument at the point or place of beginning.
2. I do hereby petition the Town Board of the Town o~ Southold to change, modify and
amend the Build/nfl Zone Ordinance of the Town of Southold, Suffolk County, New York,
including the Building Zone Maps heretotore made a part thereof, as follows:
By amending the zoning restrictions of the above described
parcel from '~" Residential and Agricultural District to "B-2"
Business District pursuant to Article IX of the Building Zone
Ordinance of the Town of Southold.
3. Such request is made for the following reasons:
The parcel above described is situate at the corner of the
intersection of the northwesterly line of Middle Road (County
Road 27) and the southerly line of Westphalia Road. A distance
of about 175 feet from the southerly line of the described parcel
on the southerly side of Middle Road there is presently premises
zoned Business extending along Middle Road to Lipco Road and
thence to Sound Avenue and along the Long Island Rail Road to
the southerly line of Westphalia Avenue. This business zoned
area contains about the same depth along the Long Island Rail
Road to the southerly line of Love Lane and thence along Love
Lane to the southerly side of Middle Road. a distance along
Middle Road to within about 450 feet of the north line of
Westphalia Road. On the northerly side of Middle Road the
business area continues along Love Lane and Middle Road to
within a distance of 525 feet from the northerly line of
Westphalia Road.
The foregoing would indicate that a rezoniog of the parcel
herein described would be directly in the path of the natural
and orderly extension of the presently "B" zoned areas on both
the northerly and southerly side of Middle Road between the
areas of the southerly line of Westphalia Road and the prolonga-
tion of the northerly line of Lipco Road across the Middle Road.
The area of the parcel herein described is about 1.70 acres
located on a main artery for vehicle traffic and on another
street connected to the main artery. With the widening of
Middle Road as a main traffic artery there is or will be suffi-
cient change in the character of the area warranting reclassi-
fication of the property to that of the surrounding business area.
The subject parcel is ideally suited for purposes of a
business zoned area~ and a reclassification of the zone for that
purpose is reasonable and in accord with the comprehensive plan
of the zoning ordinance and the Southold Town proposed Master
Plan. Moreover as heretofore indicated by factual details pre-
sented, the subject property is in such proximity to other
property classified for a business use that said described
parcel may be considered an extension thereof.
An examination of the proposed Southold Town Master Plan
will clearly indicate that the Planners have determined that the
natural extension of the surrounding business area incorporate
those lands immediately adjoining the southerly line of Route 27,
both easterly and westerly of Westphalia Road.
Both under the present zoning map and under the proposed
Master Plan, business areas are provided on the north side of
Route 27 in the vicinity of Mattituck Creek to Wickham Avenue.
To grant a business use to the subject parcel would be an orderly
and natural extension of the business areas northerly and south-
erly of Route 27.
RICHARD J. CRON
COUNSELLOR AT LAW
CUTCHOGUE, NEW YORK
Finally, the applicanthas diligently made effort over the
past three years to sell for residential use the subject premises
without success. This factor, together with the present and
proposed business use of the surrounding areas, make it highly
unlikely that the described parcel can be reasonably and suit-
ably employed for any of the uses for which the Ordinance pres-
ently restricts.
WHEREFORE~ it is respectfully requested that in the light
of the foregoing factors that the application be granted.
RICHARD J. CRON
3. Such request is made for the following reasons:
See annexed statement.
CASBOR, INC.
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
FRANKLYN BORN BEING I)ULY SWORN, deposes and says that
lie is the petitioner in the within action; that lie has read the foregoi~g Petition and kno~s
tile contents thereof; that the same is true to his (her) own knowledge, except as to tile matlcrs
therein stated to be alleged on reformation and bclicf, and that as to those ~natters he believe.~ it
to be true.
CASBOR, INC.
... ~v: ...~...'v .....
II,. S.) .BY.:..T~.~Jsurer (,/ ,
GREAT
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