HomeMy WebLinkAboutFrank, Arthur H. - Denied WHEREAS, a petition was heretofore filed with the Town Board of the
Town of $outhold by .............. ~.r.~9.1~.'f..~r....[%~.~. .................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
"A" Residential and
lng from .......... Agricull:~ural .... District to ..'.'.B.'r.~.'~...Q~D~.~...~U-DJ-ness
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
wit'h the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the ..... )-.~:~.....day
of ..................... J~].y ................., 19...2.2, and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is DENIED.
BY ORDER OF T~IE SOUTHOLD TOWN BOARD
DATED: August 8, 1972.
Alber~ W. RJ_¢hmond, Town Clerk
COUNTY OF SUFFOLI(,
:' BS:
STA-r-: OF NEW YORK.
........ S.t.u~.r.t..~.: .~..o_r~n .............. being duly Sworn,
scrys that .. _1~.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newsl~Per pubtished ~xt Greenport. in
county; and thtrt the notice, of which the annexed is ~ printed
copy. has been published in the sold Suffolk Weekly Times
once in eoch week. f~f ...... 9.n.e .................. weeks
sucCe~siv~lyc~tmmnc~_9 ~ the .... W~;Y,':~-:L~-t~ .........
dw/ of ....
.. ........
Sworn to before me this ..
day Of .../~.~'-~--! .......
.p/./. /.._ . ...:...,z ....
York, in said Town on the llth from the northerly line of the
day of July, 1~72, on the [ullowing premises, mass.ed at right
l~roposals to amend the Building angles thereto; thence along
Zone Ordinance (including the other land of said Stanley
Building Zone Map~) ~tbe Town Naugles on a line parallel to end
of Soulhold, Su~olk Comity, New ' at all points distant 120 feet
York. southerly [i'om said northerly
Suffolk~l~mly, New Yo~/' line, resented at right angles
· ?:36' P.M. {E,D.$.T.) by thereto, South.?0~ 31' ~0" West
cbeng~ from "A" l~e~dentinl 370 fest, moreor toss, tethepoint
and A~ltur~ DistriCt to "B- of be~ninng, said Rue passin~
1." G4~n~r~ Business District, the through a concrete monument
p~ ~f Arthm- H.. Frank, near said Mattituck Creek.
sit#steal at .Msttltuck Creek, ~:00 P.M.. (E.D.S.T.), by
To~m~ ~kinbm~l, anti more 'chan~ fro~.-A,,, Re~dentinl
pa£ticulariy' bounde~i and end Agriculturul District to "M-
de~.fibe~'a~Ww: :-- 1" Multiple Residence District,
Beginnthg~' .iff' a concrete property owned by Bayview
monument 'set a~[- the Development Corp., situated at
southwentel~l~' q0rner of the Bay~iew Road, SouthoM, end
premises:h~ desc~tbe~ said more part~pularl~ bounded end
a ..Town....Htghwa~r_&ncWu as Bounded to the north by
Naunies Drive ~ 70 feet Bayview P, oad for a distance ol
saulJl~ly ~ ~he.noFtherly end 230'; west by Koke Estate for a
of a ma-ye ill..~ line rlear the distance, of 200'; :senth by a llne
northena~ted~ 'ebl~er of land of determining the northern mo~l
Alonzo F. Robto~m, said curve boendary of that portion of the
havLvtg a radiee of ~;6.67 feet; property eorrently zolted "M-t"
from said point of be~innLn~ foradistenceofZ30'~eestbyBil]
running northerly atoftg said and Regina Victoria for ~
curved easterly line of Naugles distance of 200'. These line~
Drive Z8.70 feet to a concrete describe a rectangle with a to~
monument; thence still along area o! 46,000 sq. feet.
said easterly line of Naugles Dated: Jena Z5, I~}'rZ
NOTICEOFllEAILING& Drive, North 16 1¢' 10'* West BYORDEROFTRE
ON PROPO&AL~ TO 9L86 feet to a concrete SOUTHOLDTOWNBOARE
AMEND ZONING ORDINANCE monument; thence alol~ other ALBERT W. R~CI-[MON[
land of said Stanley Naugles TOWN CLERH
Pursuant to Socf~on g65 of the North 70d 31' 20" ~ast 4~0 feet,
Town Law and Article XVI, ~ more or Iess, to ordinary high
'~ec~en 1~0 of the Btsildtog Zone water mark of Mattiinek Creek,
Ordinance o( the Town of said Line passin~ throu~ a
Southuld, Suffolk OMmty, New ceocrete monument near said
York, lmblieheat*~wi]lbeheld Creek; thence southerly along
by the S~uthold Town Board in said or~ high water mark of
Ule offiee of the Superviaer, 16 Mattituek Creek 150 feet, more or
South Street, Greenport, New less, to a point 120 feet southerly
NOTICE OF HEARINGS
ZONING OHDINAN
Pursuant to Section 265 o~ the
Town Law ,~nd Article XVI, COUNTY OF SUFFOLK ~ ss:
~cction 1600 of the Bililding Zcne STATE OF NEW YORK
Ordinance of the Town of South-
old, Suffolk County. New York.
public hearing will be held by
the Soulhold Town Board Ju the
office of the Supervisor. 16 South C. Whitney Booth, Jr., being duly sworn, soys
, S~reet, Greenport, New York, In
~-aid Town on the llth day.of that he is the Editor, of THE LONG ISLAND
July, lg"/2, on the following pro-
pezals to amend the Build&g TRAVELER - MA'I-I-ITUCK WATCHMAN, a public news-
Building Zone Mapsl oI tl~ paper printed at Southold, in Suffolk CounW; and that
Town of ~outhold, Suffolk the notice of which the annexed is o printed copy, has been
County. New York.
7:30 P. M. (EDSTI, by ch~lg- published in said Long Island Traveler-Mottituck Watch-
lng from "A" Residenti&[ and ' -~' ~' '~'~'~' ~'~/
General Bm~ines~ District. the man once each week for ........ ,-~. wee
situatedPr°perty at Mat[ituck Creek. successively, commencing on the ...............................
Town o[ ~outhold. and more par- ~..- .~-~-'~ ~t
t[cularly bounded and described dcly of ..... ]~"
described, said point being on
the easterly line of a Town
Highway known a~ Naagles Drive
21t.~O feel southerly from the
nm'therly end of a curve in said ~.....~..
lhue near the northeasterly cae- Sworn to before me this .............. day of
net of l~nd al Alonzo F. Robin- . (,~.~_,~.~...~.
son. said curve having a l~dlul~ .... ~ 19.~.-~'~
g]es Drive, North 16- 14' 10" · .......
~.Agrl~ul/~ura~ I~trkt ~o '"M-I"
STATE OF NEW YORK:
SS:
COUNTY OF SUFFOLK:
ALBERT W. RICHMOND, of Southold, Town of
Southold, New York, being duly sworn, says that he is over the
age of twenty-one years; that on the 30th day of June
19 72 he affixed a notice of which the annexed printed notice
is a true copy, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County, Ne%¢
York, to wit:- LEGAL NOTICE - Notice of Hearings on proposals
to amend Zoning Ordinance hearing date July 11, 1972.
Town Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, L.I.,N.Y.
Sworn to before me this
Albert W. Richmond, Town Clerk
30th day of June
19 72
Notary Pu]6'l i c
, -.., .. ~. ~.~[q
LEGAL NOTICE
NOTICE OF HEARINGS ON PROPOSALS
TO AMEND ZONING ORDINANCE
Pursuant to Section 265 of the Town Law and Article XVI,
Section 1600 of the Building Zone Ordinance of the Town of
Southold, Suffolk County, New York, public hearing will be held
by the Southold Town Board in the office of the Supervisor,
16 South Street, Greenport, New York, in said Town on the llth
day of July, 1972, on the following proposals to amend the
Building Zone Ordinance (including the Building Zone Maps)
of the Town of Southold, Suffolk County, New York
7:30 P.M. (E.D.S.T.), by changing from "A" Residential and
Agricultural District to "B-i" General Business District, the
property of Arthur H. Frank, situated at Mattituck Creek, Town
of Southold, and more particularly bounded and described as
follows:
Beginning at a concrete monument set at the southwesterly
corner of the premises herein described, s~d point being on the
easterly line of a Town Highway known as Naugles Drive 28.70
feet southerly from the northerly end of a curve in said line
near the northeasterly corner of land of Alonzo F. Robinson,
said curve having a radius of 178.87 feet; from said point of
beginning running northerly along said curved easterly line of
Naugles Drive 28.70 feet to a concrete monument; thence still alonE
said easterly line of Naugles Drive, North 16° 14' 10" West 91.86
feet to a concrete monument; thence along other land of said
Stanley Naugles North 70° 31' 20" East 470 feet, more or less,
to ordinary high water mark of Mattituck Creek, .said line passing
LEGAL NOTICE
NOTICE OF HEARINGS ON PROPOSALS
TO AMEND ZONING ORDINANCE
Pursuant to Section 265 of the Town Law and Article XVI,
Section 1600 of the Building Zone Ordinance of the Tow~ of
Southold, Suffolk County, New York, public hearing will be held
by the Southold Town Board in the office of the Supervisor,
16 South Street, Greenport, New York, in said Town on the llth
day of July, 1972, on the following proposals to amend the
Building Zone Ordinance (including the Building Zone Maps)
of the Town of Southold, Suffolk County, New York
7:30 P.M. (E.D.S.T.), by changing from "A" Residential and
Agricultural District to "B-l" General Business District, the
property of Arthur H. Frank, situated at Mattituck Creek, Town
of Southold, and more particularly bounded and described as
follows:
Beginning at a concrete monument set at the southwesterly
corner of the premises herein described, s~d point being on the
easterly line of a Town Highway known as Naugles Drive 28.70
feet southerly from the northerly end of a curve in said line
near the northeasterly corner of land of Alonzo F. Robinson,
said curve having a radius of 178.87 feet; from said point of
beginning running northerly along said curved easterly line of
Naugles Drive 28.70 feet to a concrete monument; thence still along
said easterly line of Naugles Drive, North 16° 14' 10" West 91.86
feet to a concrete monument; thence along other land of said
Stanley Naugles North 70° 31' 20" East 470 feet, more or less,
to ordinary high water mark of Mattituck Creek, .said line passing
Page 2
through a concrete monument near said Creek; thence southerly
along said ordinary high water mark of Mattituck Creek 150
feet, more or less, to a point 120 feet southerly from the
northerly line of the premises, measured at right angles thereto;
thence along other land of said Stanley Naugles on a line
parallel to and at all points distant 120 feet southerly from
said northerly line, measured at right angles thereto, South
70° 31' 20" West 370 feet, more or less, to the point of
beginning, said line passing through a concrete monument near
said Mattituck Creek.
8:00 P.M. (E.D.S.T.), by changing from "A" Residential
and Agricultural District to "M-l" Multiple Residence District,
property owned by Bayview Development Corp., situated at Bayview
Road, Southold, and more particularly bounded and described as
follows:
Bounded to the north by Bayview Road for a distance of 230';
west by Koke Estate for a distance of 200'; south by a line
determining the northern most boundary of that portion of the
property currently zoned "M-l" for a distance of 230'; east by
Bill and Regina Victoria for a distance of 200'. These lines
describe a rectangle with a total a~ea of 46,000 sq. feet.
Dated: June 23, 1972
BY ORDER OF THE SOUTHOLD TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
~egal Nou~ce
Page 3
PLEASE PUBLISH ONCE, JUNE 28, 1972, and ~RWARD EIGHT (8)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN CLERK, MAIN ROAD,
SOUTHOLD, NEW YORK
Copies mailed to the following on June 23, 1972:
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
Arthur Frank
Bayview Development Corp.
Supervisor Martocchia
Otto W. Van Tuyl
Southold Town Planning Board
SDUTHrlLD, L. I., N. Y. llB?l
PLANNING BOARD
MEMBERS
John Wlckham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor June 15, 1972
Southold Town Board
Town Hall
16 South Street
Greenport, New York 11944
Re: Arthur H. Frank
Gentlemen:
The Southold Town Planning Board has reviewed
the application of Arthur H. Frank and disapproved
it on the ground that the original petition is in
error as to property immediately south and the map
submitted is out of date and incorrect.
Very sincerely,
John Wickham
Chairman
JW:tle
cc: Albert W. Richmond
Town Clerk
SOUTHDLD, L. I, N. Y. 11971
May 11, 1972
Mr. John Wickham
Chairman, Planning Board
Sutchogue, New York 11935
Dear Mr. Wickham:
The original petition of Arthur H. Frank, requesting
a change of zone on certain property situated at Mattituck,
New York, from "A" Residential and Agricultural District
to "B-l" General 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 affected with the recommendation
of your Board.
Very truly yours,
Albert W. Richmond
Town Clerk
AWR/j b
CAS . NO: ....
STATE OF NEW YORK PETITION
·OWN OF SO.TI OLD
IN THE MATTER OF THE PETITION OF
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE OF TtIE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I .......~.I~IR...H,....~]~-~ ..................... residing at ..~g~.~...~.~....l~...~.~ck
(inse~ name of petitioner)
Suffolk County, New York, the undersigned, am the owner of certain real property situated at
~.~.~..~.~2....~..~.~ and more particularly bounded and described as follows:
BEGINNING at a concrete monument set at the southwesterly corner of the
premises herein described, said point being on the easterly line of a
Town Highway known as Naugles Drive 28.70 feet southerly from the
northerlyendof a curve in sari line near the northeasterly corner of
land of Alonzo F. Robinson, said curve having a radius of 178.87 feet;
from said point of beginning running northerly along said curved east-
erly line of Naugles Drive 28.70 feet Co a concrete monument; thence
s~ill along said easterly line of Naugles Drive, North 16° 14' 10" ~est
91.86 feet to a concrete monument; thence along other land of said
S~anley Naugles North 70° 31' 20" East 470 feet, more or less, to
ordinary high water mark of Hattituck Creek, said line passing through
a concrete monument near said Creek; thence southerly along said
ordinary high water mark of Mattituck Creek 150 feet, more or less,
to a point 120 feet southerly from the northerly line of the premises,
measured at right angles thereto; chance along other land of said
Stanley Naugles on a line parallel to and at all points distant 120
feet southerly from said northerly line, measured at right angles
thereto, South 70° 31' 20" ~est 370 feet, more or less, to the point
~f b~ginpi~g, ~aid line pasing through a concrete monument near said
· I do hereby petition the Town Board of the Fo~ of Soutbold to change, modify and
amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York,
including ~he Building Zone Maps heretofore made a part lhereof, as follows:
From "A" Residential and Agricultural District to "B-i"
Business District.
3. Suchrequestis made for the following reasons:
The subject premises are in the immediate vicinity of the Naugles
Dock area and constitute a natural continuation thereof in terms
of maintaining and operating a marina.
A visual inspection of the area~ and in particular, that area
immediately south of the subject premises will clearly indicate
the marina type business operation in existence. There are num-
erous boats of all types moored along docks commencing at the
southerly line of the subject premises and continuing southerly
for at least 200 feet. Within this strip of 200 feet there is
maintained a boat station and rest rooms. No residences irmued-
lately adjoin the subject premises within the foregoing area,
and in fact, due to the contour,~naturai state of the land, it is
inconceivable that such residences could be constructed.
(See rider annexed hereto)
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
ARTHUR H. ~LANK, , BEING DULY SWORN, deposes and says that
he is fhe petitioner in the within action; that he has read the foregoing Petition and knows
the 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 belief, and that as to those matters he
believes it te be true.
3. Such request is made for the following reasons: (Cont'd)
In addition to the foregoing, it might also be pointed out
that the applicant, himself, with respect to the subject
premises, has for the past seventeen years, conducted a
marina type operation. In this connection, the applicant
rents boats and does marine repairs at the subject premises,
such activities being pertinent to a ~arina type operation.
In the light of all of the foregoing facts, it is respect-
fully requested that the Town Board give favorable considera-
tion to the application, and grant to the applicant the zone
change herein requested.