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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.