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HomeMy WebLinkAboutCleaves Point Corp. - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ...... ..I~.....~...v...~..S....?..°.!,N~.....~.~T..Z..0.~ .................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- inn from "A" Ag'ritult~al District to ...... 'Ll~.~'....~P..t!i.~.e..~..~ .......... . ........... District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning 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 ~aid petition having been duly held by the Town Board on the ....:1:.9...t.?... ...... day of ......... ~[~;Z ............................... , 19...6, f~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is clen~Led o By (~der of the Southold Town Board. Dated= June 26, 1964. Albert W. Richmond TOWn Clerk 4 E.-427.54 feet; thence N. 55° 16' 00" E.-340.0 thence along said westerly line, less, to the point of beginning. (4) N- 85° 45' 20" E.-579.70 feet; thence (5) feet to said westerly line of Shipyard Lane; S. 35° 41' 30" E.-900 feet, more or Containing 25.5 acres, more or less." Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. "DATED: May 5, 1964. BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICHMOND, TOWN CLERK." SUPERVISOR ALBERTSON: I have an affidavit from the publisher. I will now read the report from the Planning Board. "Report to: Southold Town Board Southold, New York April 29, 1964 "Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their meeting Wednesday, April 22, 1964: "In the matter of the petition of Cleaves Point Corporation for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at East Marion, and bounded and described as follows: (The description was not read again) "It is hereby RESOLVED that the Planning Board does not recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Cleaves Point on the original above application. 6 "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERT$ON: Is there anyone present who would like to speak in favor of this change of zone from "A" Residential and Agricultural District to "B" Business District? STANLEY CORWIN, ESQ.: Supervisor and Gentlemen of the Board, I represent the owner of the property which is the subject of this proposed change ofzone. I would like to observe there are several number of people here tonight. I don't want to take too much of the Board's time. I would like to present my agruments for the owners of the property and later I would like to make some remarks on the objections made. SUPERVISOR ALBERTSON: Everyone will be given plenty of time to speak. STANLEY CORWIN, ESQ: This matter before the Board, Gentlemen, takes in the whole history of zoning in the Town of Southold. I should like to talk to you about this zoning. When the Ordinance was orginally set up it provided for very tight zoning and there were many plans made for this zoning. There are laws that controll what can be done with a piece of property, as the laws inthe Town of Southold. It doesn't make much sence to some of use here tonight why some land may be used as business and other land may not. Many people are not even concerned with zoning until it affects their property or it is in their vicinity. I think there is a lack of an acceptable plan for the property in the Town of Southold. 7 I deny anyone in this room to take any particular piece of land and say whether it should be an "A" District,"B" District, "M" District, or District. The Board can zone owners needs away with a complete plan, and they set aside many non-conforming uses. We have a non-conforming use with respect to the property which is the subject of this application. We can't even put up a sign on the property without getting some kind of violation and even the type of words that can be used on the sign are subject to the Board of Appeals. I would like to read you on the law of zoning in New York State from "Zoning Law and Practice in New York State", by Robert ~. Anderson. "C. Restrictions on non-conforming uses. 6.20. Limitations on nonconforming uses. "While the courts con- sistently have protected the so-called vested interest in an existing lawful use, they have permitted municipal legislature to impose a wide variety of limitations upon nonconforming uses. Provisions imposing such limitations are based, in the large part, on the premise that if non-conforming uses are limited as to change, expansion, alteration, and the like, they will lose vitality and ultimately will expire. "Aside from the fact that the premises is false in that it fails to reckon with resileincy of non-conforming uses, the most striking feature of the limiting provisions is their inattention to the problem of preserving the neighborhood during the life of the use. Nonconforming uses commonly are without authority to remodel their premises or to make major repairs, consequently, although it is almost aniomatic that old uses never die, the limitations insure their becoming more disreputable~ I think that there isn't anyone that can dispute what has just been said. We have here a non-conforming use, ~nd we are talking about changing 26 acres. With respect to the Planning Board, I don't agree with their decision to approve 300 feet of the 400 feet in depth. They don't want to predict which side of the road will be taken when the road is widened. As the representative of the owner, I can not take that attitude. If when the road is widened the side that we are now asking to be changed is taken, we will be the ones that have to pay for it. As you travel along the Main Road you see a very large residential area, then you come to Mr. King's Gasoline Station. Mr. King would like to maintain that just the way it is, and there is no objection to that gasoline station being there. Just as there is no objection to the Brown's Cabins, and Skipper's Coffee Shop. We are not changing the character of the district by asking this to be changed to a business district. I would like to make this further objection as to this non- conforming use. When someone goes tone seller and they say what insurance can you give us that we can always use this property for business. If there is a fire or the building is destroyed some other way, the property can no longer be used for business. With this tight zoning, it is very difficult to get business in this area. We can't sell this property unless it is zoned to business. This property is under contract, subject to change of zone. I have the health, safety morals and particularly the welfare of the Town in mind. If this piece of property is not changed from "A" to "B" it will prevent from selling it. With this though~ in mind, I ask the Board to give very careful consideration to this application and approve it. 9 On request Supervisor Albertson held up the map of the property in question so that all could see it. He pointed out the boundries of the property that is in question for a change of zone. SUPERVISOR ALBERTSON: Is there anyone else present who would like to be heard in favor of this change? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone presmnt who would like to be heard in opposition to this change? ODILE FOLLENIUS: I would like to object because I live there. I was one of the first people to buy in this area. We brought with the idea in mind that the property would always be residential. I am in parcel 1 and if I have anything to say about this, it will stay the way it is. I see no need for a change in zone. want it residential. SUPERVISOR ALBERTSON: this change? KENNETH SLOGAN, ESQ.: want that property the way it is, Anyone else wish to be heard in opposition to I object to this change as representative of all these people here tonight. I am an attorney with an office at 202 Front Street, Greenport, New York, I have been hired by the people in the Crescent Beach Colony area to oppose this application. We respect that the application was amended and a smaller parcel of land was asked to be changed. However, we don't think that any of this area should be downgraded from an Business District. 51 residents, "A" Residential and Agricultural District to a "B" I offer to the Board the and the majority of these are original petition signed by in the immediate vicinity.. 10 I have a copy for each member of the Board. I also have a copy for Mr. Corwin. I would like the record to show that there will be two more names who will be 50 and 51 on the petition, who are adjoining property owners who aren't able to attend tonight. They are Margaret and Robert Fried. I would also like it to go on record that they have previously received a letter dated May 14, 1964, from John F. Hornbostel, who is an adjoining property owner in the Crescent Beach Colony. I sent this Board a letter and at the same time I wrote a letter to Mr. Moll~ter of the Crescent Beach Colony, a copy of the letter I have sent to the Board of Supervisors regarding this proposed change of zone. I would appreciate it if you would let me know the outcome of this hearing. We are not going to take the time of the Board to relate sections of the status Town Law, or sections of the Zoning Ordinance, because you are all extremely familiar with it, and we do not need to get into the regulations of the Zoning Law. Mr. Corwin speaks about non-conforming uses and Charles King. I don't think Mr. King's property should even be considered at this time without an application first from Mr. King. Mr. Corwin was talking of the maintainence of Skipper's and Brown's Cabins, all of these have been there before the Zoning Ordinance went into effect. We also know that these are private concerns. Both the owners and the buyers knew that this property was residential. Now to get back to our own people who live within the Crescent Beach Colon~, who purchased property in good faith from the Cleaves Point Corporation. I read from a brochure put out by the Cleaves Poin$ Corporation, when they first started selling this property. Do you want to see it before I read it Mr. Corwin ? STANLEY CORWIN, ESQ: No 11 KENNETH SLOGAN, ESQ.: Here is a brochure puk out by this applicant at the time they first started selling people these homes. They promise the private roads, the private beach, and the private marina. And I quote from the brochure "Your summer or all year home on this property is enhanced in value by restrictions that prohibit its use by the public- it is for your pleasure and that ~of your guest only." And then in heavy type, "Zoning Laws in Southold Town prohibit the intrusion of Honkey-Tonk development, assuring you of your way of graceful living." The statements made in this brochure insured the people of private living. The Applicant encouraged these people to buy this property to live on in their own leisure, and now this very applicant is trying to change this property. I submit to this Board that you 9ive very careful consideration before you make a decision to down grade the land that is asked in this application. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition? ANTHONY WISOWATY: I am here tonight to represent Mr. Rutkowski, Mr. Arley Rice, Leonard Rutkowski, I am here because we look at this with an open mind, literally, and after we sat down and discussed it, we decided it would be down grading to our property. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition to~is change? MR. FRIED: I represent my son and daughter-in-law. I have lived on Long Island for 30 years. You just have to go along the Jericho Tpke. to see what downgrading has accomplished. I think 3/4 of Long Island has survived from this. The North Fork has kept its beautiful appearance. 12 I think that it is proper to set aside a place to be used just for living. I think it is good to keep Long Island upgrading, instead of downgrading. GEORGE GARBE: I have a residence in East Marion. I have just learned of this proposition recently and don't know too much about it. I wonder if Mr. Corwin could tell me what the buyers intend to do with the property after they purchase it. SUPERVISOR ALBERTSON: We don't usually go back and forth in this manner. Anyone else in opposition? VICTOR OSTLING: I have property in Crescent Beach Colony. I have been coming out here for three or four years and I like the property, and I would like it to stay the way it is. I have seen property destroyed and people who have bought property have been cheated out of this property. Because the people buy there property as residential then someone turns around and changes it to business, the people are cheated. I am definitely against this change. BENJAMIN F. COX: I represent the Gardiners Bay Estate Group. They would like to go on record as opposing this change. HARRY MOLLETER: I live in Crescent Beach colony and would be taken in by this change and therefore oppose this move. I would like to go back to Mr. Corwin's talk when he spoke about zoning, and non-conforming uses. It seems to me the Town Board needs something like this. This is our only protection of not haveing a fish factory put in our back yard. This zoning sets up something to place a limit on the property, and what people can use it for. That way people like ourselves can come out here andhave a nice home without the fear of uncontrollable business and fish factories in our back yards. 13 CONRAD RUSSO: Gentlemen, I just purchased a piece of property in this area, lot ~ 19. I have been traveling Long I~nd for many years, and I have just found a place where I would like to live. I have had all my plans approved for my house. I am against this proposed change. SUPERVISOR ALBERTSON: Anyone else wish CHARLES KING: ARTHUR SEAMAN: to be heard in opposition? would like to go on record as opposing. I oppose. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the other on this change? STANLEY CORWIN, ESQ.: I'm sorry that Charlie King di~ln't state the reason that he is opposed to this change. Charlie King has a very good thing down there and frankly lying it on the line I would like to make some observations. Maybe someday Mr. King will apply for a change of zone, I don't know. However, first of all the people that are making this application are not the same people who sold property to these people. 2) The property had to do with a sub-divided piece of property. This is not within the piece of property which had to do with the sub- division. These private roads, and beach Mr. Slogan is talking about in this brochure, are not included in the piece of property that is to be zone for business. I can't speak for the buyer and what they intend to do with the property. I don't represent the buyer, I represent the seller. However, I am sure before the hearing is over the buyer 14 will be glad to speak for himself and state what his intentions are as far as the property is concerned. Gentlemen, I would hate to think what would happen if on the day I was born the Town Board had a Zoning Ordinance. If everything was zoned in 1911 there wouldn't be a business around. KENNETH SLOGAN, ESQ,: I just want to read one more thing from this bruchure a part I di~ not read before. It say~"From the time you pass through our private entrance gates on Route 25, you are on your own private property. I have only been here 25 years, and I would hate to think what would happen if the Town of Southold wasn't forward looking enough to adopt the Zoning Ordinance. MR. FRIES: I have a newer brochure home, which makes the same claims. I will go and get it and bring it in. STANLEY CORWIN: ESQ.: Very few people buy property from a brochure. KENNETH SLOGAN, ESQ.: Mr. Corwin forgets that these people made promises to the people in Crescent Beach Colony. They made restrictions and they can not get out of these restrictions. I don't care what the applicant says he is going to use the property for° If he gets it changed to business he can use it for any kind of business he wants to. He can downgrade the whole area if he wants to. SUPERVISOR ALBERTSON: Anyone else wish to be heard one way or the other on this change? STANLEY CORWIN, ESQ.: If Mr. King came before the Board and wanted to change his Gasoline Station, there would be no objection to it. To answer Mr. Slogan question, I represent the seller, the application was 15 made by the seller and for the seller. SUPERVISOR ALBERTSON: Anyone else wish to be heard on this matter one way or the other? (There was no response.) SUPERVISOR ALBERTSON: Hearing none, I will at this time close the hearing for the further deliberation of the Board. Private RoaJs Pr;rate Beacl Private Marina Each property owner receives title to a boat mooring sfri, p and safe, sloping, sandy beach with recreaflonal area. THERE CAN BE NO FINER PLACE TO BUILD YOUR SUMMER OR YEAR-ROUND HOME address P. O. BOX 223, CaREENPORT. N. Y. CLEAVES POINT CORPORATION EAST MARION. NEW YORK ~none C=reenport 7-0525 CRESCENT BEACH COLONY FACES THE PREVAILING SW BREEZES, WITH BEAUTIFUL VIEWS IN ALL DIRECTIONS View above, facing west, shows Crescent Beach Colony in foreground. In the distance are the historic town of C=reenporf, C=reenporf breakwater, Shelter Island, C=ardiners Bay, I~econic Bay and Shelter Island Sound. TRULY A SUMMER OR YEAR-ROUND HOME PARADISE! MAKE YOUR SELECTION OF THESE SUPERB PLOTS NOW .. This type of vacation and year-round homeslte property is rare, end in such demand by the discriminating that it will not last long. The sooner you come'out and inspect it, the wider your choice will be. Why not spend a weekend at adjoining dignified resort, to study the beauties of our community, and experience the many advantages to be offered in this fine protected property!! lO 0 S P~1~¥ 16 0 ~? 9 5 N ~: 5 T ;~OAD ~'(~(~'(c(,~ '~,~ ,~ ,~ ~'~ ,~ CRESCENT BEACH COLONY April 24, 1964 we, tho undersig~e~, resid~nt-owners of homos within tho Crescent Beach Colony; resi~ent-owners of homOt on a~Jacent roa~8 such as Shipyar~ Lane, Main or North Roa~, ami Gull Pon~: anal ~eveleper8 of an exclusive resl~ontial area of a&Jaoent an~ eon- ~tig~ou~ pareslo, do hereby register our firm w~tos~ of ~ 9u~e~ltion te the Application an~ Petition of Cle. aveo Point Corp. :ts change, smdify or amen~ the Buildl~lZone Or~lnanoe of tho Town of $outhol~, te dowl~-gra~ its present proper~y holdings, or any par~ YAhOreof, from afl #A# Zorls to a #B# ZorAs~ 1. Carl J. Sheerer 2. Doris M. Molitor ~. John N. Molitor 4. LS-nn O~tl ~ ~. Victor 0stll~ 6. ~.~er E. ~apl~, ~.D. 9. ~lea~r ~off~n L0. Co.aA ~sse L1. Rose ~sse L~. Laura W. ~hite L~. George J. Garde 11 L4. Phyllis T. Garbs 11 LS. A&rian U. Stahl L6. Abbte R. 8t~l LT. Lorraine LB. ~y 49. ~ehn F. Robie ~0. Clara ~h~e ~4. ~rt ~. P~ston 25. Nathal ie ~7. Theresa H. 28. Marie F. 0effy ~. ~elen ~rg~stein ~0. Mar~rite C. Schla~r ~1. A~h~ Fellen~us 16 ~. Od~le R. Folleni~ ~S. Ro~ ReXes ~4. ~1~ ~l~a ~5. Michael ~n ~. Harry ~8. ~mtelle Mett ~9. Mary ,,0. ~k ~dra~ ~. 0onra~ 0. ~. A~h~ P. AOll-209th. ~t., Baysi~e, N.Y. Box 62, Greenport--Cz~soent Beach Colony Cop#fey Nest ~a~, " Osprey Nest ~a~, Green~ O8p~y Nest ~ad, East ~rion O8p~y Nest ~a~, 0ap~y Neat ba~, Greenpo~, Ogp~y Neat ~a~, 195 N. V~ll~e Ave., A~t. ~, ~oc~llle Ce~, N.Y. GreenpoJ' O~y Ne~ ~a~, N.Y. O~y Ne~ ~a~, Green~, bN.Y. Osprey Nest ~ad, East ~rio~ Oap~y Nest ~a&, Bast ~rio~ ~ln ~ad, ~ast ~rion Shipyar~ ~, ~ast ~rio~ ~ipyard L~e, East ~r!e~ ~ell Garage, ~ast ~rlon~ G~enpo~, L.I. G~enpo~, N.Y. Bast ~rion, N.Y. East ~arion, N.Y. C~cent ~aah Colony, L.~ C~cent ~ach Colony Shipyar~ L~e, BastMariO~MariO~ ~lp~r~ Lane, Osprey Nest Roa~ Osprey Nest Roa~ Shipyar& Lane, gast Mario~ ~hipyar~ ~hipyar~ Lane, Bast Mar!o~ 5hipyar~ La_ne, Bast ~arior4 Shipyar~ L~, ~st Mario~ 8hipyar~ ~e, East ~a~le~ ~lpyar~ La~, ~ast ~rio~ ~lp~r~ Lane, East M~lon Ship~rd Lane, [Seat ~rioz '~or Pl., ~en~, N.Y. :~,~orth ~d., ~reenport, North ~d., ~reenport 330 SterlXng P!-, ~reenpor~ ~;reenport, Gr~enport, N. ~. Legal Notice NOTICE OF H~ARIN(] ON PROPOSAL TO AMEND ZONIIgQ O~ANCE Pursuant to Section 2~ of ~ ~ Law and ~ticle IX of ~ Bulld~ Zone Ordinance of the T~ of ~uth- old, Suffolk County, New York, public hearing will be held ~y the ~u~old To~n ~ard at the Office of the Sup- ervisor, 16 ~uth S~et, G~en~, New York, ~ ~ld town on the day of May at 7:~ o'clock in the even- ing of ~id day, on the following ~- ~1 to amend the B~l~ng Zone ~d- inance (includ~g the Bufl~ Zone Ma~) of the Town of ~uth~d, S~- elk Catty, New York. 1. By changing from "A" Residenti~: and ~ricultural District to "B" iness Dist~ct the following descried property: Ail that cert~n tract or pc, reel of land situa~d at East Madon~ ~n the Town of Southold, Suffolk County, bounded and ~e~ribed ~ follows: ,~ e~rly line of land shown as "~. COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK / C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Troveler-Mottituck Watch- man once each week for ............. ~,~.,(.-,-~ .......... weeks successively, commencing on the ............ i/....~.'.'..~(... ............ .... day of ~ ,~/ /. ~ Sworn to before me this ........ ~.f. ......... d~y of ..... ......... ....... ...... Notary punic. State 0! New Y0i~ No, 52.3041000 Commission £xpi~es ~a~ch 30, 19[ ~ ~ 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 hearing will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 19th day of May at 7:30 o'clock in the evening of said day, on the following proposal to amend the Building Zone ordinance {including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 1. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: Ail that certain tract or parcel of land situated at East Marion, Suffolk County, New York, bounded and described as in the Town of Southold, and more particularly follows: PARCEL I-beginning at a point on the southerly line of the Main Road 860.56 feet westerly along said southerly line from Shipyard Lane; said point of beginning being the northwesterly corner of land of Rutkowski and the northeasterly corner of land of the party of the first part; from said point of beginning running along said land of Rutkowski, S. 34° 34' 40" E.-399.19 feet; thence S. 66° 39' 50" W.-741.83 feet to land of Yuma Corp.; thence along said land of Yuma Corp., N. 21° 04' 00" w.-250.31 feet to land of King; thence along said land of King, two courses as follows:-(1) N. 66° 3!)' 50'~ E.-50.0 feet; thence (2) N. 21° 04' 00" W.-150.0 feet to said southerly line of the Main Road; thence Page 2 alon~ said southerly line, three courses as follows:- (I} 5. 66° 39' 50" E.-412.75 feet; thence (2) N. 66° 5'7' 10'~ E.-95.56 feet~ thence (3) N. 71° 44' 30" E.- 90.19 feet to t'he point of beginning. Containing 6.192 acres. PARCEL II- Beginning at a point on the ordinary high water mark of Gardiners Bay where said high water mark is intersected by the westerly line of Shipyard Lane; from said point of beginning running westerly along said high water mark 1915 feet, more or less, to the easterly line of land shown as "Reserved for Beach Area", on "Map of Section I, Cleaves Point," filed in the Suffolk County Clerk's Office as Map %2752; thence along said easterly line, N. 44° 03' 30" W.-190 feet, more or lems; thence along a 15 foot Right of way as shown on said map, N. 12° 53' 10" E.-131.27 feet; thence along Lot 6, N. 8° 13' 10" E.-121.02 feet; thence along Lot 5, N. 0° 22' 40" E.-124.15 feet; thence along Lot 4, N. 16° 08' 20" W.-131.56 feet; thence~ along Lot 1, two courses as follows:-(1) N. 56° 37' 10" E. 75.0 feet; thence (2) N. 33° 22' 50" W.-150.0 fee~;thence across the southerly end of a 50 foot Private Road known as "Maple Lane", N. 56° 37' 10" E.-38.0 feet; thence along the easterly line of said "Maple Lane", N. 33~ 22' 50" W.-80.0 feet; thence N. 56° 37' 10" E.-195.0 feet to land of Rutkowski; thence along said land of 'Rutkowski, five courses as follows:-(1) S. 33° 22' 50~' E.-57.0 feet; thence (2) N. 58~ 49' 10" E.-87.89 feet; thence Legal Not ~ Page 3 (3) S. 33° 30' 50" E.-427.54 feet; thence (4) N. 85© 45' 20" E.-579.70 feet; thence (5) N. 55© 16' 00" E.-340.0 feet to said westerly line of Shipyard Lane; thence along said westerly line, ~S. 35° 41' 30" E.-900 feet, more or less, to the point of beginning. Containing 25.5 acres, more or less. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. DATED: May 5, 1964 BY ORDER OF TH~ SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISH ONCE, MAY 7, 1964, AND FORWARD TWO ~2) AFFADAVITS OF PUBLICATION IMMEDIATELY TO THE TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 6, 1964 The Long Island Traveler-Mattituck Watchman Stanley Corwin, Esq. Southold Town Planning Board _t::inUTHrlLD, L. I., N. Y. PLANNING BOARD MEMBERS John ~Y/ickharn, Chairman Report to: Southold Town Board Southold, New York April 29, 1964 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their meeting Wednesday, April 22, 1964: In the matter of the petition of Cleaves Point Corporation for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at East Marion, and bounded and described as follows: PARCEL I (east of Maple Lane from Main Road to Gardiner's Bay) - beginning at a point on the southerly line of Main Road at the northeasterly corner of the premises herein described and adjoining land of Clementina Rutkowski; running thence along said land of Rutkowski, six courses, as follows: 1) south 34o34'40'' east, 1067.74 feet; thence (2) south 33022'50" east, 812.15 feet; thence (3) north 58°49'10'' east 87.89 feet; thence (4) south 33o30'50'' east, 427.54 feet; thence 5) north 85045'20'' east 579.70 feet; thence (6) north 55°16'00'' east, 340 feet to the westerly line of Shipyard Lane; thence along said line of Shipyard Lane, south 35o41'30'' east, 900 feet, more or less, to the ordinary high water mark of Gardiner's Bay as of 1947; thence westerly along said high water mark, 1915 feet, more or less, to the easterly line of a certain parcel of land designated as "Reserved for Beach Area" shown on "Map of Section I- Cleaves Point", filed in the Suffolk County clerk's office as map no. 2752; thence along easterly line of said Reserved parcel, north 44003'30" west, 190 feet, more or less, to the northeasterly corner of aaid parcel; thence along a certain 15 foot right of way shown on said filed map, north 12°53'10" east, 131.27 feet; thence along lot 6 as shown on said map, north 8°13'10'` east, 121.02 feet; thence along lot 5 as shown on said map, north 0022'40'' east, 124.15 feet; thence along lot 4 as shown on said map, north 16008'20" west, 131.56 feet; thence along lot 1 as shown on said map, two courses as follows: (1) north 56°37'10'' east, 75 feet; thence (2) north 33o22' 50" west, 150 feet to the southerly end of a private road known as Maple Lane as shown on said map; thence across the southerly end of said Maple Lane, north 56°37'10'' east, 38 feet to the easterly line Page -2- Report to: Southold Town Board of said Maple Lane; thence along the easterly line of said Maple Lane, five courses, as follows: 1) north 33022'50" west 798.70 feet; thence (2) north 30~23'40'' west, 231.68 feet; thence (3) north 36030' west, 300.49 feet; thence (4) north 31030' west, 352.40 feet; thence (5) north 42°00' west, 268.39 feet to the southerly line of Main Road; thence along said southerly line of Main Road, three courses, as follows: 1) north 66039'50'' east, 25.04 feet: thence (2) north 66°57'10'' east, 95.56 feet; thence 3) north 71044'30'' east, 90.19 feet to the point or p~ace of beginning. Containing 33.491 acres. PARCEL II (west of Maple Lane from Main Road 400 feet south): beginning at a point on the southerly line of Main Road at the north- westerly corner of the premises herein described and adjoining land of Charles King; running thence along said line of Main Road, north 66039'50'' east, 335 feet to the westerly line of a private road known as Maple Lane; thence along said line of Maple Lane, two courses, as follows: 1) south 42000' east, 280.68 feet; thence (2) south 31030' east, 135.43 feet; thence on a line parallel to said line of Main Road and 400 feet southerly therefrom, south 66o39'50'' west, 509.91 feet to land Yuma Corp; thence along said land of Yuma Corp., north 21004' west, 250.31 feet to land of Charles King; thence along said land of King, two courses, as follows: 1) north 66°39' 50" east, 50 feet; thence (2) north 21004' west, 150 feet to the point of beginning. Containing 4.016 acres; it is hereby RESOLVED that the Planning Board does not recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Cleaves Point on the original above application. At a meeting April 22, 1964, the Planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on property of Cleaves Point as follows: On Parcel I the Planning Board recommends favorably to a depth of 300 feet parrmllel to the Main Road. On Parcel II the Planning Board recommends favorably the following: Beginning at a point on the ordinary high water mark of Gardiners Bay where said high water mark is intersected by the westerly line of Shipyard Lane; from said point of beginning running westerly along said high water mark 1915 feet, more or less, to the easterly line of land shown as "Reserved for Beach Area", on "Map of Section I, Cleaves Point", filed in the Suffolk County Clerk's Office as Map #2752; thence along said easterly line, N. 44° 03' 30" W.-190 feet, more or less; thence along a 15 foot right of Way as shown on said map, N. 12° 53' 10" E.-131.27 feet; thence along Lot 6, N. 8° 13' 10" E.-121,02 feet; thence along Lot 5, N. 0° 22' 40" E.-124~5 Page -3- Re~ t to: Southold Town Board feet; thence along Lot 4, N. 16° 08' 20" W.-131.56 feet; thence along Lot 1, two courses as follows: (1) N. 56° 37' 10" E. 75.0 feet; thence (2) N. 33° 22' 50" W.-150.0 feet; thence across the southerly end of a 50 foot Private Road known as "Maple Lane", N. 56° 37' t0" E.-38.0 feet; thence along the easterly line of said "Maple Lane", N. 33° 22' 50" W.-80.0 feet; thence N. 56° 37' 10" E.-195.0 feet to land of Rutkowski; thence along said land of Rutkowski, five courses as follows: (1) S. 33° 22' 50" E.-57.0 feet; thence (2) N. 58° 49' 10" E.-87.89 feet; thence (3) S. 33° 30' 50" E.-427.54 feet; thence (4) N. 85° 45' 20" E.-579.70 feet; thence (5) N. 55° 16' 00" E.-340.0 feet to said westerly line of Shipyard Lane; thence along said westerly line, S. 35° 41' 30" E.-900 feet, more or less, to the point of beginning. Containing 25.5 acres, more or less. The Board feels that in the case of Parcel I, 400 feet in depth is more than seems necessary at this time without specific needs. In prior discussions with these p~ople the Board indicated that they would approve 300 feet in depth at this point in view of the fact that the original petition called for approximately 30 acres, this being much more extensive than the Board was willing to recommend. Although petitioners state they need depth greater than the normal 200 feet for possible widening of the highway, there is at the present no indication that such possible widening would be on this side of the highway. There were also several adjoining property owners present at the Planning Board's last regular meeting and expressed concern about this proposal to change to "B" Business District which adjoins their "A" Residential and Agricultural District. For all the above reasons and lack of evidence of need or possible use of this extreme depth the Board feels 300 feet would be adequate for all reasonable contingencies. Respectfully submitted, Southold Town Planning Board /bc April 20, 1964 STANLEY 8. CORW1N GREENPORT, NEW YORK 11944 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Cutchogue, New York Dear Mr. Wickham: Enclosed are descriptions and print of a revised map of the Cleaves Point Corp. property at Greenport. This originally came to the Board's attention as an application for a two- parcel change, the larger parcel running from the bay and Shipyard Lane to the Main Road. At the preliminary hearing there was evident sentiment the Board felt the stretch along Maple Lane should not be zoned for business. The applicant, and others interested, concurred. Accordingly, the application to the Town Board is being modified (by a re- quest in the form of a letter). As you can readily conceive, time is an important element because of the seasonal nature of the motel business and a sales contract that makes it prssently impossible for either the seller or the buyer to know who will be operating the motel. We request, if it is possible for you to do so on the basis of the action of the Planning Board as you know it to be, that you indicate the Planning Board's approval of the revised application to the Town Board in time to be received for their meeting to be held on April 21. We have just received the new description this morning and resort to the mail may be too time consuming. We are therefor delivering this by hand, and would be glad to assist in any way we can in the transmission of any communication you may be disposed to make to the Town Board. With thanks, in appreciation of your cooperation. Very truly yours, Stanley S. Corwin ssc/cck-t enclosures FIFF~ERK ~:I~LITHE]LD, L. i.~ N. Y. March 11, 1964 Mr. John wickham Chairman Planning Board Cutchogue, L.I., N.Y. Dear Mr. wlckham; The original petition of Cleaves Point Corp., East Marion, New York, relative to change of zone from "A" ~esidential and Agricultur- al District to ~'B" Business District, 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 recomz~endation of your Board. AW / r Very truly yours, Albert W. Richmond Town Clerk March 9, 196g Corwin & Glickman, Main St Greenport, N.Y. Attorneys Gentlemen$ Enclosed please find a receipt for fee of $25.00 for change of zone application ~118 - Cleaves Point Corp.,East Marion. Kindly send a map of this proposed change to accompany the application. Yours truly Building Inspector CASF NO: ..... '...'.?' .,. ..... STATE OF 1NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF CLEAVES POINT CORP. FOR A CHANGE, MODIFICATION OR AMENDMEiN'T OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: (insert name of petitioner) ~ at East Marion, · Suffolk County, New York, the undersigned, ~n~t~e owner of certain real property situated at East Marion~ .......... ~.qYi[l..0~..~.~9~.h.~.l..d..~ .............. and more particularly bounded and described as follows: north by Main Road; east by land form erly of Clementina Rutkowski and Ship- yard Lane; south by ~ardiner's Bay, and west by lands of King, Yuma Corp., Preston, and others. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a part thereof, ~ from A zone to B zone the following described premises: PARCEL I (east of Maple Lane from Main Road to Gardiner's Bay) - beginning at a point on the southerly line of Main Road at the northeasterly corner of the premises herein described and adjoining land of Clementina l~utkowski; running thence along said land of Rutkowski, six courses, as~llows: 1) south 34'34'40" east, 1067.74 feet; thence (2) south 33022'50'' eas~ 812. 15 feet; thence (3) north 58'49'10" east~ 87.89 feet; thence (4) south 33°30'50'~ east, 427.54 feet; thence 5) north 85'45'20'~ east, 579.70 feet; thence (6) north 55o16'00'' east, 340 feet to the westerly line of Shipyard Lane; thence along said line of Shipyard Lane, south 35'41~30'' east, 900 feet, more or less, to the ordinary high water mark of Gardiner's Bay as of 1947; thence westerly along said high water mark, 1915 feet, more or less, to the easterly line of a certain parcel of land designated as '~Reserved for Beach Area" shown on "Map of Section I - Cleaves Point", filed in the Suffolk county clerk's office as map no. 2752; thence along the easterly line of said Reserved parcel, north 44~03'30't west° 190 feet, more or less, to the northeasterly cor- ner of said parcel; thence along a certain 15 foot right of way shown on said filed map, north 12'53'10'~ east, 131.27 feet; thence along lot 6 as shown on said map, north 8'13'10" east, 121.02 feet; thence along lot 5 as shown on said rr~p, north 0~22'40'' east, 124.15 feet; thence along lot 4 as shown on said map, north 16'08'20" west, 131.56 feet; thence along lot 1 as shown on said map, two courses, as follows: (1) north 56~37'10" east, 75 feet; thence (2) north 33°22'50'~ west, 150 feet to the southerly end of a private road known as Maple Lane as shown on said rmp; thence across the southerly end of said Maple Lane, north 56°37'10't east, 38 feet to the easterly line of said Maple Lane; thence along the easterly line of said Maple Lane, five courses, as follows: 1) north 33'22'50" west, 798.70 feet; thence (2) north 30'23'40" west, 231.68 feet; thence (3) north 36'30' west, 300.49 feet; thence (4) north 31'30' west, 352.40 feet; thence (5) north 42'(1.0' west, 268.39 feet to the southerly line of Main Road; thence along said southerly line of Main Road, three courses, as follows: 1) north 66o39'50TM east, 25.04 feet; thence (2) north 66'57'10" east, 95.56 fee2thence 3) north 71~44'30TM east, 90. 19 feet to the point or place of beginning. Containing 33. 491 acres. PARCEL II ( west of Maple Lane from Main Road 400 feet south): beginning at a point on the southerly line of Main Road at the northwesterly corner of the premises herein described and adjoining land of Charles King; running thence along said line of Main Road, north 66°39'50" east, 335 feet to the westerly line of a private road known as Maple Lane; thence along said line of Maple Lane, two courses, as follows: 1) south 42~00' east, 280.68 feet; thence (2) south 31'30' east, 135.43 feet; thence on a line parallel to said line of Main Road and 400 feet southerly therefrom, south 66°39'50'' west, 509.91 feet to land Yuma Corp; thence along said land of Yuma Corp. north 21°04' west, 250.31 feet to land of Charles King; thence along said land of l~ing, two courses, as follows: 1) north 66°39'50': east, 50 feet; thence (2) north 21'04' west, 150 feet to the point of beginning. Containing 4. 016 acres. [The ]Board might be disposed, on its own motion, to include the King property adjacent at the northwest corner of the above described premises, which is presently used for a business purpose, such use being a non-conforming one, the area being in an A district. ] application of Cleaves Point Corp. page 1-a 3. Such request is made for the following reasons: a substantial portion of the premises are used for a purpose permitted in a M Multiple Residence district as a non-conforming use. Another large area of the premises, before the ordinance took effect, was devoted to a use not permitted in the A zone° viz., as a dairy farm for the production of cerlified milk. There are presently on the premises sub- stantial buildings which do not lend themsevles to any use permitted ~it her in an A xone or an M zone. More particularly, however, the change of zone requested ia asked for to permit operations incidental to the existing motel business. The applicant has in mind particularly restaurant facilities, gift shop, and possibly some recreational facilities that would involve a use of the land now permitted only under §400, sub- divisions 3, 6, 7, and 8. CLEAVES POINT CORP. STATE OF NEW YORK, ) ~SS:-- COUNTY OF ~ ) NASSAU J0~EPHINE CORNIBI~RT .... ~..r.~~. ~ ..................................... BEING DULY SWORN, deposes and says that She is/~lq~ officer of pensioner ~n the within action; thatl~ne has read the foregoing Petition and knows the contents thereof; that the same is true to ]ll~(her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters 8he believes it to be true. Sworn to before me this .6.~.t~ ...... day of ................ ..M..a._r..c..h........, 19..~.~.. Notary Public.  SOUTHOLD, L.I., N.Y. PLANNING BOARD MEMBERS John Wickham, Chairman HeroJd R. Reeve Henry F. Moisa Alfred Grebe T. Paul Montgomery December 18, 1957 RFPORT TO: SGU~HOLD TOWI~ BOARD SOUT}IOLD, N. Y. Gentlemen: This iv to certify that the following action was t~en by the Southold Town P~unling Board on December 17, 1957: Petition of Cleaves Point Corp., ¢lma'les A. Cornibert, President, for s c]~nge of zone from "A" Residential ~nd Agricultur~,l to Business district on premises located at East ~¢-~rion, N. Y., described ae follows: about 600 feet on the Main Ro~,d for a depth of 250 feet and ablaut 850 feet on Shipyard L~ne and other lands of petitioner between those two fronta~es. It was tke determination of the Planning Board that this is too extensive an'area and, in line with our os. et recommendations in this regard, we are not willing to recommend this ctm~e of zone to the Town Bogrd. Very truly yours, ?~u Wick.%m, Chairman SOUTHOLD TO~N PLAi~IN~ J~:gm SOUTHOLD TOWN CLERK'S OFFICE Nov. 27, 1957. Mr. John Wickham Chairman Planning Board Cutchogue, N.Y. Dear Mr. Wickham; Enclosed herewith original and copy of Petitions of Charles M. King , of East Marion, N.Y. and Charles A. Cornibert, of East Marion, N.Y., relative to change of zone in accordance with Article 1X, Section 901, Sub-division C. Also enclosed original and copy of Application for open developement area of Winifred and Ellsworth Grathwohl, of Pine Neck Road, Southold, N.Y. and Robert L. Hyatt, of Hortons Point, Southold, N.Y., under the provisions of Section 280-a. You are intructed to prepare an official report defining the conditions described in the petitions and applications and de~ermine th~ area so effected with the recommendation of your Board. RPB/mr Very truly yours, %0. Booth Town Clerk i To: Town Board Town of Southold New York The undersigned hereby netitions tie said Tswn Board -,~ursuant to Section 26~ of the To~n Law and Article IX of the Building Zone Ordinances of the ?own of Southold to amend the zoning mar~ under said ordinance as follows: 1. By changing the said maD to ',,,anDre the 9remises located at East Narion and shown on attached mar~ as '"t" Business District instead of "&" Residential and Agricultural Districts: These ~::rem: sea sro about 600 feet on the ~,a~ Road for a de~th of 250 feet and about $~0 feet on Shipyard Lane and other lan~s of ~etitioner between those two frontages. Said ~remises are vresently partially improved ly com~ercial stN~clures. Property Dartialky bounding premises on west is ira~roved -~ro~erty consisting of a gas station. Pro~)erty bounding premises on east is zoned for Tndustrial use. Pre sident STATE OF NE~:~ YO~{ ) SS.: COUNTY OF SN~FOLK ) On this ~J "'~ day of November, Nineteen Hundred and Fifty- seven~ before me toersonally came CH&RLES 6. CORi',IiSERT~ to ne personally kno;rn~ who~ being by ne duly s'~orn~ aid der;ose and say ti'at he resides in East Harion~ Suffolk County~ iow lork~ that te is the President o£ Cih;AVES POIi!T CORPo~ th~ cDr%oration described in~ and which exect;,ted: the above instrument~: tuat ke !not?s the seal of said cor-~oratior~ that the seal afffxed to said instrument is such coreorate seal~ that it was so affixed %y order of the Board o£ Directors of said corporation~ and that he sit'ned his r~a~,e thoreto by like order. Notary Pub~ic~ 'Surf olio C~unty :%