HomeMy WebLinkAboutHass, Helmut A. WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ......... ~.~.[~..~..~.:....I~.~.~ ..........................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from .'.'.A.'.'..~,.~.~...~...,~.c~.~..: ...... District to ..'.'.~Z.~ii...~.~.'~.]~..~:~.~'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 f,led
with the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the ....1.~.~b ........ day
of .................~'~]9.~g.~:~-~ ........., 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 denied in all respects.
BY ORDER OF THE SOUTHOLD TOWN BOARD
DATED: July 10, 1973.
Albert W. RichmOnd, Town Clerk
~EORGE C. STANKEVICH
ATTORNEY AT LAW
July 6, 1973
Mr. Albert A. Richmond
Southold Town Clerk
Main Road
Southold, New York 11971
Re: Matter of Helmut A. Hass
Dear Mr. Richmond:
The above entitled petition for a change of zone was:
(a) submitted to your office on October 3, 1972 (b) heard by
the Southold Town Planning Board on November 29, 1972 and (c)
heard by the Southold Town Board on February 13, 1973. Will
you please inform my office if the Southold Town Board has ta-
ken any action with regard to the above petition subsequent to
its hearing on February 13, 1973.
Thank you for your cooperation regarding this matter.
Sincerely yours,
George C. Stankevich
cc: Mr. Helmut A. Hass
7:30 P.M.
l~ I NUT E ~
Southold Town Poard
February 13, 1973
(E.S.T.), by changing from "A" Agricultural District to
"B-l" General Business District, the property
of Helmet A. Hass, situated at Southold, }!.Y.
PRESENT:
JUSTICE LOUIS ~. DEMAREST
JUSTICE ~%HTIN SUTER
COUNCILMAN JAMES F. HOMAN
COUNCILMAN JAMES H. RICH,
JRe
TOWN cLERK ALBERT W. RICHMOND
$outhold Town Board - 2 - February 13, 1973
JUSTICE LOUIS M. DEMAREST, Acting Chairman: I will now
open the hearing. (Justice De marest read the legal notice, the
proof of publication in the Suffolk Weekly Times signed by Stuart
Dorman, and the recommendations of the Suffolk County Planning
Commission, and the recommendations of the Southold Town Planning
Board).
The Suffolk County Planning Commission reviewed the zoning
action on application of Helmet A. Hass and disapproved this
change of zone because of the following:
1. It is contrary to recent Town Board action in upzoning
subject premises in accordance with the enactment of
the new and recodified zoning ordinance and map.
2. It is inconsistent with the pattern of zoning in the
locale and therefore ~st be considered as "spot zoning".
3. It would tend to establish a precedent for the further
perpetuation of undesired strip commercial development
along the county roadway detrimental to the safety and
traffic carrying capacity' of said facility.
4. It is inconsistent with the residential character of
the surrounding area.
It is the opinion of the Southold Town Planning Board
this proposed change of zone be denied because:
1.
that
We have been notified that widening of County Road 27
will be done on this side.
Parcel is entirely inadequate for business use.
Property was unused business property and upzoned to
"A" Residential and Agricultural District on new map
effective December 17, 1971.
4- It would not be possible to make set-backs, etc. required
by' zoning ordinance.
Southold Town Board 3 February 13, 1973
The nearest business zone is across the County highway
and west of intersection of Sound View Avenue - a motel
and real estate office.
6. The property is in a low area and subject to storm
flooding.
JUSTICE DE¥~EST: We will now open the hearing for those
who are in favor of this change of zone.
GEORGE STANKEVICH, ESQ.: I am an attorney' with law offices
at Main Road, Southold, New York. i am speaking in favor of
this change in behalf of m~ client, Helmnt A. Hass. I think
that you as Councilmen and I as a lawyer often find ourselves
spending more time with exceptions to the rules than we do with
the making of rules. We well know that it was December 1971
when you made the new Zoning Ordinance, and since then you have
been hearing various applications for amendments. At the time
you made that ordinance you were aware that various pieces of
property had been upzoned and you indicated that you would give
consideration to these properties. In a sense, we are more
interested in the hole in the doughnut than lu the doughnut itself.
In regard to this application, this property was Business
zoned and the man who owns it now has it marked on his books at
a considerable high price. When it was upzoned to Residential
the market value greatly diminished. When that property was up-
zoned m~' client was greatly affected. This property is approxi-
mately 400 feet long on the south side of North Road. North
Road ~s a most heavily traveled arterial highway. On the other
three sides you have roads.., on the east, west and south there
are roads and a parking lot for a motel. These roads create
Southold Town Eoard - 4 - February 13, 1973
noise and fumes and a danger to children. Immediately' to the
west you have a motel, and a hundred feet further than that you
have a large block of property zoned "Multiple Dwelling". You
have a Town facility across the road, the ~ost popular beach in
the Town of Southold. It is Jammed with cars in the summer and
has e very active refreshment stand. You have a large motel
in the area zoned "B-l". East of this property toward the Sound
View you have parcels zoned "B-1~' and "~-l~'. This is not
exclusively a residential area. It's a mixed area and this
particular property is totally unsuited for residential use,
with the noise from cars, trucks, and the danger to children.
It is surrounded by commercial developments, motels and the Town
facility.
I offer Affidavit
you have Nr. Schutze's
of Carroll H. Schutze. In this affidavit
professional opinion that it is totally
unsuited for residential purposes. He has had it on the market
for almost a year now for residential purposes and can't find a
buyer. The average plot sells for between dj9,000, $10,000 and
$14,000. No one is going to buy that as a residential lot with
prevailing conditions. The fact is that the particular zoning on
this property now has sterilized it. It's useless. In evaluating
the effect of this, it's confiscatory, it's unconstitutional.
I would like to submit to you the Planning Board Minutes of
Eovember 29, 1972. On pages 8 and 9 you find the full consideration
and concern of ;*w. Wick_ham and the Planning Board. You find their
concern is that sometime in the future this Town road is going to
$outhold Town Board - 5 Fetruary 13, 1973
be widened. ~ first comment in that regard is that the initial
upzoning of this property and the refusal to downzone it is
illegal if the basis is to save money' in future condemnation·
I have no idea if that road will go through in two years er
twenty years. In the meantime, if this property is not going to
be given reasonable use, it will lay stagnant. The Planning ~oard
indicated that their refusal to recommend this change to the Town
was based on the following reasons:
1.
That the widening of County Road will be done on this side·
(This can not be considered by the Town Board legally).
That it is entirely inadequate for business use. (There have
been several people indicating a willingness to purchase this
property but they can't touch it for residential purposes
the only possible use is business·)
(This is no different than the property next door, the motel,
or the business to the west of it that you allowed to have
Business in December 1971).
(If we can't make setbacks for commercial purposes, there is
no way setbacks can be made for residential purposes. There
is plenty of room here and it would not hurt anybody.)
The Planning Board says that the nearest business zone is
across the street up at the intersection of Sound View Avenue.
(There is a rental business and there is a motel).
The Planning Board indicates that the ground is too low and is
subject to flooding. (That is not a fact. I submit Exhibit C.
If you look at this survey and the affidavit of Mr. Schutze,
you will find that this property is the highest piece of property
in the immediate vicinity· It is more than 300 feet from the
Sound and 105 feet from Arshamomaque Pond.)
Naturally, you have to be concerned about neighbors· However,
you do know that the summer cottages to the south and east were
purchased as business property, some of them were constructed and
purchased at the same time. Each one knew that this was business
property· ~ow they are surprised because they bought it as business
property. This will not change the circumstances of their ownership.
Southold TOWn Board 7 February 13, 1973
is scheduled for completion at the end of this year. For the
County to ask the TOWn to act against a property owner
they have rezoned him is wrong. I would support the
and ask the Board to consider it most favorably'.
JUSTICE DE~L~REST: Does anyone else wish to speak for
application?
(There was no response.)
JUSTICE BECk. REST: Is there anyone present who wishes to
against this application?
Iv~S. J~AN Tl~DKE: I am speaking as a private citizen. I
agree with the County' and the
business would be interested
building permits never used?
after
application
this
Planning Board. What kind of
in going in there? Why were these
Why do advertising signs on this
speak
property say "Business Zone" when it is not at the present time.
GEORGE STANKEVICH, ESQ.: The owner, ~. Helmut Hass, is a
hard working gentleman. He had hoped to put a building on this
property but he never found the time or the feasibility of doing
so. He is not a ravenous developer. He is a humble man, a working
man. If he had thrown a foundation in there he could have short
circuited the legislative processes. ~e is not shrewd and
conniving. He never developed the land because he just never got
to it.
The type of business would depend on who are the buyers at
the time it goes ou the market, and it depends very heavily on
control of the Southold Town Board of Appeals because they will
have great controls that they can put on it... size of building,
location of parking lots, signs, shape and height of building,
Southold Town P~anning Board - Au~ - November 29, 1972
On motion of Mr. Raynor, seconded by ~r. Moisa, it was
RESOLVED that the minutes of the Planning Board meeting
of October 19, 1972, be approved.
Vote of the Board: Ayes: Messrs. Raynor, Moisa, Coyle,
Wickham, Grebe.
On motion of Mr. Coyle, seconded by Mr. Grebe, it was
RESOLVED that the minutes of the Planning Board meeting
of October 25, 1972, be approved.
Vote of the Board: Ayes: Messrs. Coyle, Grebe, Moisa,
Raynor, Wickham.
On motion of Mr. Coyle, seconded by Mr. Moisa, it was
RESOLVED that the minutes of the Planning Board meeting
of November 9, 1972, be approved.
Vote of the Board: Ayes: Messr. Coyle, Moisa, Wickham,
Grebe, Raynor.
State of New York ]
Suffolk County L
Office of the Clerk of the
Town of Southo d J
(Seal)
This is to certify that I, Albert W. Richmond, Town Clerk of the Town of
Southold in the said County of Suffolk, have compared the foregoing copy of
f~'-°"u"~bg~r!.-t-°-.-w.n-.~.~:-a.-~.%~g--.~.9.~.~ ..~.$.g~.~.?.z~e~.,....?.~.,....%.~.7..2.
with the original now on file in this office, and that the same is a correct
and true transcript of such original..~.°...u..t...h..o..]r..d:....T.g~?/9...~.]r.9.9..n~L~}.c~ .........
B-.~.-a..r-..d....-M..i..n.-~:.t-.~....~..-'N-.~...v.f~.`m-'b-`e...r-....2-~.`....~.-~-7.~- ..... and the whole thereof.
In Witness Whereof, I have hereunto set my hcnd and affixed the seal
of said Town this ........ .7. t-b. ............. day of.....,De.cemb.ar .............. 19..7.2..
Town Clerk of the Town of Southold,/County of Suffolk, N. Y ......
SOUTHOLD, L. I., N. Y. 11971
pLANNrNG BOARD
MEMBERS
John Wlckham, Chairman
Henry Molsa
Henry Raynor
Frank Coyle
MINUTES
SOUTHOLD TOWN PLANNING BOARD
November 29, 1972
A regular meeting of the Southold Town Planning Board
was held at 7:30 p.m., Wednesday, November 29, 1972, at
the Town Office, Main Road, Southold, New York.
There were present: Messrs. John Wickham, Chairman;
Henry Moisa, Vice Chairman; Henry Raynor; Frank Coyle; and
Alfred Grebe.
Also present: Howard Terry, Building Inspector;
Mr. Goodale and Mrs. Lytele from Tax Payers Association;
Mrs. Bachrach from League of Women Voters.
Rensselaer G. Terry, Esq., and Charles Gagen appeared
before the Board with revised map of Minor Subdivision for
Charles Gagen ak Southold. Mr. Gagen appeared before the
Southold Town Planning Board - 2 - November 29, 1972
Board previously with four lots and was told to make
three lots. This new map shows three lots of 33,000
to 36,000 square feet each. Mr. Wickham told Mr. Terry
and Mr. Gagen that the Planning Board has changed the
requirements and lots now must be 40,000 square feet. The
Board cannot waive this now because there are many subdivisions
that have slightly undersized lots. Mr. Terry said when
this was originally set up the road was located at the
request of the Superintendent of Highways. Mr. Wickham
said he will check the minutes as to when they were told
to make three lots. If he has to go to the Board of Appeals
the Planning Board will recommend a favorable decision from
them.
After checking the minutes it was decided Mr. Gagen
would have to go to the Board of Appeals. The following
letter will be sent to the Board of Appeals:
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Re: Charles Gagen
Gentlemen:
The Planning Board has told Mr. Gagen that
he must submit map of his property at Southold
to the Board of Appeals for a variance. These
lots are slightly undersized and we would favor
approval of this on the part of the Appeals Board
because the original submission was for four lots.
On July 18, 1972, we required the developer to
reduce them to three lots, which has been done.
Very sincerely,
John Wickham, Chairman
Southold Town Planning Board
Mr. Glenn Heidtman appeared before the Board and presented
a map of a proposed minor subdivision on Pine Tree and Billard
Road, Cutchogu~. Mr. Raynor asked how long he held title to
the property. Mr. Heidtman said he is going into contract with
Southold Town Planning Board - 3 - November 29, 1972
Penny and Luce when the Planning Board gives approval.
Mr. Wickham said as of this presentation the property is
not differentiated from the adjacent property. Mr. Raynor
told Mr. Heidtman the Board will take it under consideration.
The Board feels he must have a contract or an option on the
property.
Mr. Kroehler, representing Land's End Subdivision at
Orient Point, appeared before the Board and was advised
of the changes in drainage required by the Highway Committee
of the Town Board. Mr. Kroehler said he will have Van Tuyl
make the changes on the maps. The Board set January 4, 1973,
for the hearing.
George Penny presented a preliminary map for a proposed
subdivision at Pine Tree and Billard Road, Cutchogue, N.Y.
Mr. Wickham said he can't subdivide the property unless he
actually has a contract of sale for the adjoining parcel to
Heidtman. Mr. Penny said there was no intent to evade the
subdivision regulations. Heidtman can't buy the property
until he finds out if it can be subdivided properly. Mr. Wickham
said the Board can't accept it unless there is a contract. He
said he has not talked to the Town Attorney but is pretty
certain of our ground. Mr. Moisa told Mr. Penny the right of
way would have to be 30 feet; banks require it if someone wants
to get a mortgage. Mr. Wickham told Mr. Penny the Planning
Board and Town Board are discussing having narrower roads but
having them high so the road sheds the water rather than
catching it. It could be by the time this is ready for a
hearing they will have definite specifications. We don't know
now if the Highway Committee will decide to do it at all or if
this is the proper place is another thing.
The Board told Mr. Penny they will look over the map and
have a determination at the next meeting. If Mr. Heidtman
enters into a contract, we can't say no to his subdivision if
it conforms to the requirements for a minor subdivision.
Southold Town Planning Board - 4 - November 29, 1972
Mr. Brian Murphy and two other home o~ners in Laurel
Country Estates came before the Board to discuss the
flooding of the roads.
Mr. Wickham read the following reports of Lawrence
Tuthill, P.E., and Charles Abrahams, P.E.:
Southold Town Planning
Main Street
Southold, N.Y.
Board
On November 13, 1972, Mr. John Wickham, Henry
Raynor, Howard Terry and I, inspected the drainage
facilities at Laurel Country Estates at Laurel.
Over six feet of water was observed in 6 out of 8
catch basins. Two of the catch basins were opened
and inspected. The leaching holes in the precast
rings were filled with stiff mud. It was also noted
that the overflow pipe leading to the leaching basins
were only 12" in diameter instead of the 18" as
required in the highway specifications. One of the
catch basins inspected had at least four inches of
mud at the bottom.
At the second set of catch basins from the south on
the long section of road at the east catch basin there
were several depressions between the catch basin and
leaching basin. The leaching basin should be checked
to see if one of the rings has been set up side down.
If so this must be corrected. If the rings have been
set correctly the depressions may be caused from water
infiltrating from the catch basin to the leaching basin.
This may be checked by filling the catch basin to just
below the overflow pipe with water and at the same time
the leaching basin must be dry. If the water is flowing
from the catch basin to the leaching basin it must be
determined whether to relocate the leaching basin at a
greater distance from the catch basin or possibly
blocking up some of the holes in the leaching basin.
The clogging of the holes in the drainage rings is
caused by the silt coming from the land around the
home construction sites. To ~emedy this situation the
developer must request the building contractors, home
owners and designers to contain all drainage of rain
water on their own property, especially during construction.
Several methods such as grading, daming, sodding,
construction of dry wells, temporary pits, etc. may be
used to stop water from entering the highway.
Sincerely yours,
Lawrence M. Tuthill
$outhold Town Planning Board - 5 - November 29, 1972
Mr. Raymond C. Dean, Supt.
Southold Town Highway Dept.
Peconic, New York
Re: Laurel Country Estates
Dear Sir:
On November 23rd, 27th and 29th, I inspected
the installation of three additional pools in the
subject project. The following report is submitted
herewith.
At Lot number 9, a three ring pool with domed
top was installed and connected to the existing two
pools with a 12 inch galvanized corrugated iron pipe.
A three foot thick collar of very large gravel was
backfilled to the sides of the pool. The remaining
backfill consisted of medium sand.
At Lot numbers 21 and 47 a four ring pool with
domed top was installed and connected to the two
existing pools at each location. The backfill was
as above described.
An additional four ring pool will be installed
at Lot number 9 tomorrow in a similar manner.
Respectfully submitted,
Charles Abrahams, P.E.
Mr. Wickham said that much of the water problem is self-
inflicted by bulldozing the yards too late in the season to
plant grass. There is no place for the silt to go but into
the drainage system. Mr. Murphy said the developer and
builder are doing this. Mr. Raynor asked if the developer
is also the contractor and Mr. Murphy said there is a
connection between them. Mr. Wickham said when the yards
are planted to grass and the catch basins and leaching basins
are cleaned out the problem is over. Other subdivisions have
had the same trouble. Mr. Raynor said it is up to the home
owners to put pressure on the contractor. Mr. Wickham told
them if a developer puts in the improvements for which they
are bonded and meets the specifications we have to release
the bond. We can say clean them out; some are under driveways.
We can say they have to clean it out when the last house is
sold and the yard planted. The property owners said there
are people with babies and heart conditions who can't get out
because of the flooding conditions which last for up to 48
hours. Mr. Wickham explained that the Planning Board can
bond for improvements. If the improvements are made according
to Town Specifications and certified to be completed in
Southold Town Planning Board - 6 - November 29, 1972
accordance with tke specifications, we have no alternative
but to release the bond. These roads belong not to the
Town of Southold but to the developer. You have an action
against the developer if you want to take legal action. We
have no intention of recommending that the bond be released
until the road is usable. It is normal during construction
of a subdivision to have some silting of drainage facilities.
If it is not tended to or cleaned out then there is cause
for legal action and good reason for our not releasing the
bond. We have had more rain in 1972 than we have ever had.
There are going to be problems. Mr. Murphy said the road was
cut too low and the problem was created by the developer.
The residents have bought in good faith and we could end up
with a drainage and paving problem. Mr. Wickham said we
will insist the highways and subdivision meet the requirements
for dedication. The Town Highway Committee will not accept
dedication with this problem and we won't recommend release
of the bond. Mr. Wickham also told them the Board can bond
for physical structures but can't bond them to plant grass as
they should. Mr. Murphy said the homeowners are worried if
the Town did not take dedication of the roads and they were
allowed to go for tax sale they would have to pay for drainage,
maintenance and paving. Mr. Raynor said the developers own
other property in the Town and this has not happened. The
bond is usually three years' duration and it can be renewed.
Mr. Wickham said this developer is bonded for drainage and
must meet the highway specifications, if he meets all those
and the physical structures are approved by our engineer, we
have no ground for withholding our approval 'except if the
road is impassable much of the time, we can hold it up
indefinitely. We can't say they have to put in more. We can
say rectify the condition, but we can't say he has to put in
any specific kind of structure. Mr. Raynor said we just
recommend release of the bond, we don't release it. The Town
Board releases it. Mr. Coyle told Mr. Murphy that the Building
Inspector won't issue building permits unless the roads are
passable. The residents thanked the Board for discussing the
matter with them.
Mr. Frank Ton~asini presented a map of a proposed subdivision
off Oregon Road, Mattituck, known as Oregon Hills. He proposed
28 lots on 32.36 acres. The Board told Mr. Tommasini they
will discuss the map later in the evening and let him know
their decisions.
After discussion the Board will send the following letter
to Mr. Tommasini:
Southold Town Planning Board 7 - November 29, 1972
Dear Mr. Tommasini:
The Planning Board has discussed this proposed
major subdivision and requests the following changes:
1. There is no access to the Sound; the road
must extend to Sound bluff.
2. There is insufficient frontage on lots on
Sound bluff; must be 135 feet.
3. Park and playground area must be provided.
4. Profile and topographical maps must be
submitted.
Very sincerely,
John Wickham, Chairman
David L. Gillespie presented map of his minor subdivision
at East Marion. .The map has been approved by the Department
of Health and the application fee has been paid.
On motion of Mr. Moisa, seconded by Mr. Coyle, it was
RESOLVED that final approval be granted to minor subdivision
map of David L. Gillespie, located at East Marion, New York.
Vote of the Board: Ayes: Messrs. Moisa, Coyle, Raynor,
Grebe, Wickham.
David L. Gillespie also presented map of minor subdivision
for Frank StiLlo at Orient which has been approved by the
Department of Health.
On motion of Mr. Wickham, seconded by Mr. Grebe, it was
RESOLVED that final approval be granted to minor subdivision
map of Frank Stillo, located at Orient, New York.
Vote of the Board: Ayes: Messrs. Wickham, Grebe, Coyle,
Raynor, Moisa.
$outhold Town Planning Board - 8 - November 29, 1972
The Planning Board received the original petition of
Helmu~ A. Hass requesting a change of zone on property at
Southold from "A" Residential and Agricultural District
to "B-l" General Business District and a request from
Albert W. Richmond, Town Clerk, to prepare an official
report and recommendation of the Board.
George S~ankevich, Esq., appeared on behalf of Mr. Hass.
He said he was aware of the policy against strip zoning but
the property is not suited to A zoning. The depth does not
suit itself to family houses./~e said Mr. Hass can't sell
it for residential purposes.~'Mr. Wickham said one of the
reasons that we would not care to change our opinion on
this is that we have been notified that the County expects
to widen the road/Mr. Stankevich said he was aware of
that but from a p~anning point of view the likelihood of
this being residential is nil. Mr. Wickham said he has told
Mr. Hass that if it came to a case in condemnation proceedings
he would appear in Court and state it should be business
and he is entitled to compensation for it, but the Planning
Board did not feel it was wise to change the zone.
Mr. Stankevich said that testimony would not be admissible
in Court. Mr. Raynor asked if the applicant has talked
to the property owners to the south to purchase the property.
Mr. Stankevich said one of the property owners was going to
but it if it was commercial for restaurant purposes. He said
he talked to all the property owners and some objected and
some did not. They did offer it to them, but they did not
indicate a willingness to sell. Mr. Coyle said the Planning
Board has said they don't want commercial areas on the North
Road. Mr. Stankevich said if the property is condemned it
will go for residential purposes. Your theory is you won't
agree to it because of possible condemnation. Mrl Wickham
said that is one of the reasons it was upzoned if the first
place. We have been notified by the County that they want
so many feet here.
On motion of Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED that the Southold Town Planning Board recommend
to the Southold Town Board denial of the change of zone from
"A" Residential and Agricultural District to "B-l" General
Business on the following described property:
BEGINNING at a point on the southerly line
of the North Road, Southold, New York and the
northeasterly corner of the subject premises to
be described; running thence South 31° 40' 50"
East 90.18 feet to the southeasterly corner of the
subject premises; running thence South 61° 59' 10"
West 387.76 feet parallel to the southerly line of
the said North Road to the southwesterly corner of
$outhold Town Planning Board - 9 - November 29, ~72
of the subject premises; running thence North 31°
40' 50" West 90.18 feet to the southerly line of
the said North Road and tke northwesterly corner
of the subject premises; running thence North 61°
59' 10" East 387.76 feet along the southerly line
of the said North Road to the point or place of
beginning.
~It is the opinion of the ?lanning Board that this
proposed change of zone be denied because (1) we have been
notified that widening of County Road 27 will be done on
this side; (2) parcel is entirely inadequate for business
use; (3) property wa~ unused business property and upzoned
to "A" Residential and Agricultural District on new map
effective December 17, 1971; (4) iL would not be possible
to make setbacks, etc. required by zoning ordinance; (5)
the nearest business zone is across the County highway
and west of intersection of Sound View Avenue - a motel
and real estate office; and (6) the property is in a low
area and subject to storm floodingj
Vote of the Board: Ayes: Messrs. Raynor, Coyle, wickham,
Moisa, Grebe.
The proposed change of zone will be referred to the
County Planning Commission.
The Southold Town Planning Board received from the
Southold Town Board the petition of Robert D. Halikias,
Cutchogue, N.Y., relative to a change of zone from "A"
Residential and Agricultural to "B" Light Business on
certain property situated at N/S Main Road (County Road 25)
Cutchogue, New York, together with the instructions to
prepare an official report defining the conditions contained
therein.
This property is situated at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the northerly line of
Main Road at the southerly corner of land now or
formerly of Z. Rysko which point is also the easterly
corner of the parcel herein described; running thence
along the said northerly line of Main Road South 43°
44' 40" West 250.0 feet to land of Dickson; running
thence along said last mentioned land North 42° 24' 00"
Southold Town Planning Board - 10 November 29, 1972
West 273.07 feet to land of Traube; running thence
along said last mentioned land North 43° 15' 10"
East 246.85 feet to the said land of Z. Rysko;
running thence along said last mentioned land South
43° 05' 20" East 275.0 feet to the said northerly
line of Main Road at the point of beginning.
The Planning Board discussed this proposed change of
zone application.
On Motion of Mr. Moisa, seconded by Mr. Raynor, it was
RESOLVED that the Southold Town Planning Board recommend
to the Southold Town Board denial of the change of zone ~rom
"A" Residential and Agricultural District to "B" Light Business
District on the above described property."
It is the opinion of the Planning Board that this proposed
change of zone be denied because (1) the parcel is not
contigieus to any "B" or "B-i" District; (2) it would be
spot zoning; (3) the parcel was ~urned down by both the
County Planning Commission and Southold Town Board upon an
application of previous owner (Mullen); (4) it would be an
unwarranted extension of business into residential district
on a bad curve; and (5) the lot is elevated above road level
and business use would cause a traffic hazard.
Vote of the Board:
Coyle, Grebe.
Ayes: Messrs. Moisa, Raynor, wickham,
The Southold Town Planning Board received from the
Southold Town Board on the Town Board's own motion a change
of zone proposal from "A" Residential and Agricultural
District to "B-l" General Business District, the property of
Constantine Pappas, situated at Orient Point, New York, and
more particularly bounded and described as follows:
BEGINNING at a point on the southerly line of Main
Road (Route 25) at the northeasterly corner of the
existing B-1 General Business Zone, from said point of
beginning running thence along the southerly line of
Main Road, North 76° 26' 40" East 93.64 feet to a
concrete monument of land now or formerly of Pappas;
running thence along land last mentioned the following
five courses and distances, to wit:
Southold Town Planning Board - 11 - November 29, 1972
(1) North 26° 33' 20" %Vest, 13.48 feet; thence
(2) North 75° 55' 40" East, 95.69 feet; thence
(3) South 13° 49' 10" East, 14.0 feet; thence
(4) North 76° 26' 40" East, 68.0 feet to land of Latham;
thence
(5) Along land last mentioned South 19° 58' 40" East,
575 feet, more or less to the ordinary high water makr of
Gardiners Bay; thence in a southwesterly direction along
said ordinary high water mark of Gardiners Bay, 190 feet
more or less to said existing B-1 General Business Zone;
thence along said B-1 General Business Zone, North 26° 45'
50" West, 280 feet, more or less, to 'the said southerly
line of Main Road and the point or place of beginning.
The Planning Board discussed the proposed change of zone
application.
On motion of Mr. Coyle, seconded by Mr. Moisa, it was
RESOLVED that the Southold Town Planning Board recommend
to the Southold Town Board approval of the change of zone from
"A" Residential and Agricultural District to "B-i" General
Business District on the above described property.
It is the opinion of the Planning Board that this proposed
change of zone be approved because the property was shown as
business "B-i" on the Planning ~iap and Zoning Map at public
hearings and was left off the final map inadvertantly. We
believe this error should be corrected as soon as possible.
Vote of the Board: Ayes: Messrs. Coyle, Moisa, Raynor,
Grebe, Wickham.
On motion of Mr. Coyle, seconded by Mr. Raynor, it was
RESOLVED that the maps for the proposed change of zone
off Mechanic Street, Southold, be forwarded to the Suffolk
County Planning Commission.
Vote of the Board: Ayes: Messrs. Coyle, Raynor, Wickham,
Moisa, Grebe.
Southold Town Planning Board 12 - November 29, 1972
Mr. Donald Dennis and Charles Cuddy, Esq., appeared
before the Board in reference to Mr. Dennis' proposed
subdivision at Mattituck, New York. Mr. Cuddy said they
wanted approval of the layout and drainage. Mr. Raynor
said the cul de sac did not end at the property line but
it will have to be paved to the property line. Mr. Wickham
told them that all the lots have to be 135 feet at the set-
back line. Mr. Cuddy asked if the drainage area could be
considered as park and playground. Mr. Raynor asked about
constructing a drainage area and covering it over with rock.
Mr. Coyle said they have to show the acerage on the map
for each lot. Mr. Moisa said they have to figure the drainage
on a four inch rain fall. Mr. Wickham said we have been having
problems when the ~ots are stripped and the silt blocks up
the drainage facilities. Starting in the immediate future
we will require that the lots be maintained grassed down or
if they are in woods that the land not be graded unless there
is a dike to keep the silt from running into the highway.
Mr. Wickham said the Board will look at the property and get
figures from Alden Young. Mr. Cuddy asked if they could get
a release on Lot ~3.
On motion of Mr. Moisa, seconded by ~r. Raynor, it was
RESOLVED that the preliminary subdivision map for Donald
Denis at Mattituck be accepted by the Planning Board with the
following changes: (1) the turn around must extend to the
property line; (2) lots must have 135 foot frontage at the
building line; (3) total area of drainage and lots must be
shown on the map.
Vote of the Board: Ayes: Messrs. Moisa, Raynor, Coyle,
Grebe, Wickham.
On motion of Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED that Lot ~3 on map of Donald Denis at Mattituck
be released by the Planning Board.to be built upon.
Vote of the Board: Ayes: Messrs. Raynor, Coyle, Wickham,
Moisa, Grebe.
Mr. Donald Denis presented a proposed plot plan for a
professional office building at Pike Street and Love Lane,
Mattituck. The building is to be 3,000 square feet on one
floor. It will be an "L" shaped building with approximately
five suites. The property is zoned "B-i" General Business.
Mr. Denis sai~ there was not enough property to cover all
the parking required by the Zoning Ordinance, but there was
$outhold Town Planning Board - 13 Novembe~ 29, 1972
a public parking lot adjacent to the property and he wanted
to know if this could be used. ~r. Terry told him the setback
frontage must be the average within 300 feet. He has to own
the property and submit definite plans for building and site
plan to the Planning Board. Mr. Wickham said the Planning
Board recognizes the average setback, but we would ask for
more in view of the fact that the two adjacent buildings are
right on the street. Mr. Denis said he would have more
definite plans drawn up for submission.
Mr. Richard Young presented a plan of a major subdivision
off Bay Avenue, Cutchogue. He said that he has a contract to
sell the property to the east. Mr. Raynor asked about the
drainage easement on Lot #12. Mr. Wickham said he would want
to look at the property to see how far out of the swamp the
road would be. He also told him he must submit topographical
map and proposed elevation of the roads. We will have our
engineer figure out the drainage and highway improvements.
On motion of Mr. Moisa, seconded by Mr. Coyle, it was
RESOLVED that the map of Richard Young at Cutchogue, N.Y.,
be accepted by the Planning Board. The map will be signed
by the Chairman as accepted.
Vote of the Board: Ayes: Messrs. Moisa, Coyle, Wickham,
Raynor, Grebe.
In reference to minor subdivision of Valentine Ruch,
Mr. Terry reported that the Board of Appeals had granted
variance on the undersized lot.
On motion of Mr. Raynor, seconded by Mr. Grebe, it was
RESOLVED that the proposed minor subdivision of Valentine
Ruch be denied because he did not meet request of Planning
Board of October 6, 1972, that he submit either a contract
or a deed showing that lot #3 will be combined with the
adjoining property of Valerie Ruch.
Vote of the Board: Ayes: Messrs. Raynor, Grebe, Wickham,
Moisa, Coyle.
Southold Town Planning Board - 14 November 29, 1972
Mr. Wickham dictated the following letter to the Secretary
regard to property of Valentine Ruch:
Mr. Robert W. Gillespie, Jr., Chairman
Southold Town Board of Appeals
Main Road
East Marion, New York 11939
Re: Minor Subdivision of Valentine Rnch
Arshamomaque, N.Y.
Dear Mr. Gillespie:
This is about the third time the Board of Appeals
pulled the rug out from under us and we feel that you
are undermining the objectives of zoning in the Town
of Southold.
Very sincerely,
John Wickham, Chairman
Southold Town Planning Board
cc: Supervisor Martocchia
George Ahlers appeared before the Board in reference to
Deep Hole Creek Estates. He said the road surfaces are 24
feet wide; they are deteroriating and the Town won't take
them until they are brought back up to present day specifi-
cations. They did not have enough assessed valuation at
the time for the Town to take them. Mr. Wickham told him
this is not an approved subdivision in spite of the fact
the lots are indicated as sold. They have been checkerboarded.
The presen5 owner can't get building permits on them. This
map is excluded from the approved subdivision list. Mr. Wickham
also told him the Planning Board has reached an agreement with
the Town Board in which we said one block of lots would have
to be zoned one acre and the rest subject to improving the
roads. If the Planning Board recommends this subdivision be
placed on the approved list without meeting current highway
specifications and we already have told someone else that
he has to make one block one acre, we are being arbitrary and
capricious. Mr. Moisa said there are other maps to take into
consideration. Mr. Ahlers asked why the map was not put on
the approved list. Mr. Wickham told him the highways were not
acceptable and the County set up criteria for acceptance and
one thing was the percentage of lots sold. We have some four
to six subdivisions within varying degrees of not meeting
this criteria. The Planning Board is meeting with the Town
Southold Town Planning Board 15 - November 29, 1972
Board on December 4th and will discuss tkis with them.
Mr. Coyle asked Mr. Ahlers to submit a list of dates
the lots were transferred for that meeting.
The Board discussed proposed 7-11 Store at Cutchogue,
for Colgate Design Corp.
On motion of Mr. Raynor, seconded by Mr. Moisa, it was
RESOLVED that the site plan for 7-11 Store at Main
Road Cutchogue, New York, for Colgate Design Corp. be approved
with the following changes:
1. Require paved driveway to service rear of building,
preferably on east side.
2. Sign must be at least five (5) feet from property
line.
3. Planting schedule, or list of plants and shrubs
proposed to be used, must be submitted.
4. Chain link fence, same as on north and west sides,
required on east side by gas station.
5. Double total storm water drainage for four (4)
inches in 24 hours.
Vote of the Board: Ayes: Messrs. Raynor, Moisa, Coyle,
Grebe. Mr. Wickham abstained from voting.
A letter will be sent to Colgate Design Corp. notifying
them of the changes required.
On motion of Mr. Wickham, seconded by Mr. Grebe, it was
RESOLVED that the next regular meeting of the So~thold
Town Planning Board be held December 6, 1972, at 7:30 p.m.
at the Town Hall, Main Road, Southold, New York.
Vote of the Board: Ayes: Messrs. Wickham, Grebe, Coyle,
Raynor, Moisa.
NOTICE OF HEARING
ON PROPOSAL TO
AMEND ZONING ORDINANCE
Pursuant to Section 265 of the
Town Law and Article XVI,
__ S~ction 1600 of the_Building Zone
Ordinance of the Town of
Southold, Suffolk County. Ne'.,.,
York. a public hearing will be
held by the Southold Town Board
in the office of the Supervisor. 1.6
South Street, Greenport, New
York. in said Town nn the 13th
day of February 19~3, on the
following proposals to. amend the
Building. Zone Ordinance ~in-
eluding t~he B~,ilding ..~,one Maps)
of the Town of Suuthold, Suffolk
County, New York.
7:30, .P.M. (E.S.T.), by
changi ,n~. fr~m "A' Resi~Ll~.ptial
and Ag~_m'a[ Distric~;~0 "B-
I'' Genm'~[J~lssines~ Disl3"i~t, the
propert!;
sit ua t e~'~al[ ,SUu t l~:~id, N~W,~¥~'k.
arid ~8~[i~rly
a.d
the~erly: .~ of:the
Nor~ad, ~ut~, New
Yo~ ~nd 'th?~t~sterly
cor~r~ o~c th~' fiubjeet
prem~
runni~g'th~ce South 31
degrees ~' ~' ~ast ~.1~
feet to the southeasterly
corner ~. the subject
premise~: runnin~ thence
~uth 61 deg~ ~,10" West
~7.76 f~ ~alinl to the
southerly line of ~e ~id
North ~ad to the south-
westerly eo~ of the sub-
ject premise~ running
thence North 31 degrees 40'
~" West 90.18 feet to the
southerly line of the said
North Road and the nor-
thwesterly corner of the
subject premises; r~ning
thence North 61 degrees 59'
10" ~ast ~7.76 feet along the
~utherly line of the said
North Road to the point or
place of beginning.
8:00 P.M. (E.S.T.), by
changing from "A" Residential
and Agric~t~al District to "B"
Light Business District, the
property of Hobert D. Ha[ikias,
situated at Cutchogue, New York,
and more partie~arly ~d~
and d~crih~ as follows:
BEGINNING at a ~int on
the northerly line of Main
Road at the southerly corner
of land now or formerly of Z.
Hysko which ~int is also the
easterly corner of the parcel
herein describe; r~ning
thence along the said nor-
therly line of Main Road
~uth 43 deg~es ~' ~" West
2~.0 f~t ~o land of Dick~n;
r~ning thence along said
last mentioned land North 42
degr~s 24' ~" We~t ~3.~
feet to land of Traube:
r~ning thence ~ong said
last mention~ land North 43
d~r~ IS' 10" East ~6.~
f~t to ~e ~id land of Z.
Eysko; r~ning thence along
said last mention~ land
~uth 43 degrees 05' ~" East
275.0 f~t to the ~id nor-
therly line of Main ~d at
the ~int of beginning.
Any per~n d~iring to be heard
on the a~ve p~p~ed amend-
ments shoed ap~r at the time
and place so sp~ffi~.
Dat~: Janu~y
BY ORDER OF
SO~O~ TOWN BOARD
~EET W. HIC~O~
TOWN C~RK
~OUNTY OF SUFFOLK, ]
STATE OF NEW YORK, ~ ss:
........ S.~.u.a.~..~..C.:..13.q .~a.~ ........... being duly Sworn,
says that _ .h.?_.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newsl~per published ~t Greenport, in said
county; and that the notice, of which the annexed is ~ printed
copy, Ires been published in the s~id Suffolk Weekly Times
once in each weekr for ........... ?.n.o. ............ weeks
successively commencing on the ....... .~.~.r.s..~ .............
day of .....
,~w~.~..~'-...~-.c...~.~... ...........................
PItOPOSA~. TO
ZONING ORDIN~
~wn ~'and Article XVI, ~-
;~n 1600 of the Bui
Street, ~,;~ Yor~, in
Zohe Or~ (includin~ the
eral ~ness ~cL ~e '.bro~
er~y of Hel~t ~. Ha~. ~un~
~n~e ~jee~ premise~
runnl~ ~hence ~ 6~= ~9'
~h~ s~ ~' ~o~ ~d ~e
~W~4e~rner· ~ the
Alne ~ ~e ~i~ North ~d
~A ~u~d and
t~ ~o~he ~d
erly l~t of ~ ~d ~u~h
feet ~e ~,.l~!.~ ~.,~
COUNTY OF SUFFOLK ~, ss:
STATE OF NEW YORK J
C' Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - 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 been
published in said Long Island Traveler-Mattituck Watch-
mort once eoch week for ........ :.~,, ..... I..Z .... week~
· ///1,~' i,__ _/~"~
ADELE PAYNE
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
Southold, New York,
age of
19 73 he
is a true copy, in
SS:
ALBERT W. RICHMOND, of Southold,
being duly sworn, says that he is
twenty-one years; that on the 2nd day of
public place in the Town of Southold, Suffolk County,
YorK, to wit:- Legal Notice Change of Zone Hearing
7:30 -Hass
8:00 - Halikias
Town Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, L.I.,N.Y.
Town of
over the
February
affixed a notice of which the annexed printed notice
a proper and substantial manner, in a most
New
Sworn to before me this
2nd day of Februarv
19 73
COMMISSION
Seth A. Hubbard
Chairman
Lee E. Koppelman
D~rector of Plann~n~
Suffolk County Department of Planning
Veterans Memorial Highway
December 27, 1972
JOHN V.N. KLEIN, County Executive
Hauppauge. L. 1. N. Y.
721-2500
Mr. John Wickham, Chairman
Tow~ of Southold Planning Board
Main Road
Cutchogue, New York 11935
Re:
Application of "Helmut A. Hass"
for a proposed change of zone from
"A" Agricultural and Residence to
"B-i" General Business District,
Town of Southold (SH-72-19)
Dear Mr. Wickham:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk County Planning Commission has reviewed the above cap-
tioned zoning action and has disapproved this change of zone because of the
following:
It is contrary to recent Town Board action in upzoning
subject premises in accordance with the enactment of the
new and recodified zoning ordinance and map.
2. It is inconsistent with the pattern of zoning in the locale
and therefore must be considered as "spot zoning."
It would tend to establish a precedent for the further per-
petuation of undesired strip commercial development along
the county roadway detrimental to the safety and traffic
carrying capacity of said facility.
4. It is inconsistent with the residential character of the
surrounding area.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald O. Newman
Chief Planner
GGN:ec
Southold Town Planmng Board
c~FIIITHYILD, L. I., N. Y. 119'71
PLANNING BOARD
MEMBERS
November 30, 1972
John Wlekham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
Southold Town Board
16 South Street
Greenport, New York
11944
Gentlemen:
This is to advise you that the following resolution was
passed by the Southold Town Planning Board at a regular meet-
ing held on November 29, 1972:
In the matter of the original petition of Helmut A. Hass,
Southold, New York, relative to change of zone from "A"
Residential and Agricultural District to "B-I" General Business
District on certain property situated south side County Road 27,
Southold, New York:
"IT WAS RESOLVED that the Southold Town Planning Board
recommend to the Southold Town Board denial of the change of
zone from "A" Residential and Agricultural District to "B-i"
General Business District on the above described property."
It is the opinion of the Planning Board that this proposed
change of zone be denied because (1) we have been notified that
widening of County Road 27 will be done on this side; (2) parcel
is entirely inadequate for business use; (3) property was unused
business property and upzoned to "A" Residential and Agricultural
District on new map effective December 17, 1971; (4) it would
not be possible to make setbacks, etc., required by zoning
ordinance; (5) the nearest business zone is across the County
highway and west of intersection of Sound View Avenue a motel
and real estate office; and (6) the property is in a low area
and subject to storm flooding.
Respectfully submitted,
John Wickham, Chairman
Southold.Town Planning Board
JW:tle
GEORGE C. STANKEVICH
ATTORNEY AT LAW
November 29, 1972
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: Petition of Helmut A. Hass
Dear Sirs:
Please send my office one certified copy of the
minutes of the hearing held by your board on November 29,
1972 regarding the above entitled matter.
Thank you for your prompt cooperation.
Sincerely yours ,/
TOWN CLERK 765-3783
Building Dept. 1
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolldafed Laws, Article 12-B, Sections 239-1
and m, the p'l~l_rk.~rg ]~oard of the town of Soufhold, N. Y. hereby refers the following
(agency involved)
proposed zoning action fo the Suffolk County Planning Commission:
(check oneI
New and recodified zoning ordinance
...... Amendment to the zoning ordinance
XX~X Zoning changes
..... Special perrnit~
..... Variances
Location of affected land: . . S/S.. ¢.ql,~r~ty ROa¢~ 22 (North .Road)..Spare;hold....N,.%., .....
within 500 feet of: (check one or more)
. Town or village boundary line
...... ~ county road,
State or county park or recreation area
· Stream or drainage channel owned by the county or for wh;ch the county has established channel
lines
· State or county owned parcel on which ~ public building is situated
Comments: The Planning Board disapproves this aoplication as this property
was unused business property and upzoned to res-agric "A" dist on new map
effective Dec 17, 1971; There is a proposed road widening for this area
which will use most all of the strip. The lot is not large enough for
any practical purpose - would be impossible to make setbacks otc required
by zoning ordinance. The nearest business zone is across the county highway
a~d west of intersection of Sound View Ave- a motel & realestate office.
Date:
........ the proper~y~J~s in a low ares &subject to storm
November 29; 1972
flooding.
~ Chairm n o~ P
....... a ....... ~ ....... ~.....~n~n~..~oa~.Q..
Title
Date received by Suffolk County Pbnning Commission
File No. . .
FIFFI _ERK
ALB£RT W.
SOUTHI-ILD, L. I., N. Y. 119'71
November 10, 1972
Mr. John Wickham, Chairman
Southold Town Planning Board
Cutchogue, New York 11935
Dear Mr. Wickham:
The original petition of Helmut A. Hass requesting
a change of zone on certain property situated at Southold,
from "A" Residential and Agricultural District to "B-l"
General Business District, is in the files in the office
of the Planning Board at Sou thold, 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
GEORGE C. STANKEVICH
ATTORNEY AT LAW
October 16, 1972
Mr. Howard Terry, Building
Town of Southold
Main Road
Southold, New York 11971
Inspector
Re: Petition of Belmut A. Hass
Dear Mr. Terry:
Please find enclosed four additional copies of
the subject petition and exhibits A and B.
erely yours, //~
encs.
GEORGE C. STANKEVICH
ATTORNEY AT LAW
October 3, 1972
Mr. Albert A. Richmond
Southold Town Clerk
Main Road
$outhold, New York 11971
Re: Matter of Helmut A. Hass
Dear Mr. Richmond:
Please find enclosed an original and two copies
of the petition of Helmut A. Hass for a change of zoning
classification pursuant to §§264 et seq., NEW YORK TOWN
LAW, together with check no. 159 in the amount of $100.00
in lieu of the filing fee required by Article XVI, ~1601,
TOWN OF SOUTHOLD ZONING ORDINANCE (1971).
copy of
Board.
At your earliest convenience, please transmit one
the petition to the Town Board and the Planning
Thank you for your cooperation.
~cerely yours~ .
encs.
TOWN OF SOUTHOLD
STATE OF NEW YORK
IN THE MATTER OF THE PETITION
OF
HELMUT A. HASS
for a change, modification or
amendment of the Building Zone
Ordinance of the Town of South-
old, Suffolk County, New York
PETITION
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
FIRST - I, HELMUT A. HASS, residing at (No Number)
North Road, Southold, Suffolk County, New York, 11971, the under-
signed, am the owner of all that certain plot, piece or parcel of
land, situate, lying and being in the Town of Southold, County of
Suffolk, State of New York, being more particularly bounded and
described as follows:
Beginning at a point on the southerly line
of the North Road, $outhold, New York and
the northeasterly corner of the subject
premises to be described; running thence
South 31 degrees 40 minutes 50 seconds
East 90.18 feet to the southeasterly cor-
ner of the subject premises; running thence
South 61 degrees 59 minutes 10 seconds West
387.76 feet parallel to the southerly line
of the said North Road to the southwesterly
corner of the subject premises; running
thence North 31 degrees 40 minutes 50 sec-
onds West 90.18 feet to the southerly line
of the said North Road and the northwesterly
corner of the subject premises; running
thence North 61 degrees 59 minutes 10 sec-
onds East 387.76 feet along the southerly
line of the said North Road to the point or
place of beginning.
BEING AND INTENDED TO BE, the same premises
shown on the map drawn by Van Tuyl and Son,
licensed land surveyors, Greenport, New York
dated, May 3, 1972 and annexed hereto as ex-
hibit A.
SECOND - 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 in-
cluding the Building Zone Maps heretofore made a part thereof,
Changing, the zoning designation and classi-
fication to the subject premises from "A"
Residential-Agricultural zoning classifi-
cation to "B-I" General Business zoning
classification.
THIRD - The requested change of zone to "B-I"
General Business zoning designation: (a) would return the subject
parcel to the General Business zoning designation which it had
for many years prior to the 1971 amendments to the Southold Town
Zoning Ordinance (b) would be consonant with the public assurances
made by the Town Board of the Town of Southold contemporaneously
with the adoption of the 1971 amendments to the Southold Town
Zoning Ordinance to the effect that they would fairly and con-
scientiously consider applications for changes of zoning designa-
tions of small isolated parcels of land which were rezoned in
order to expedite the adoption of the major 1971 revisions to
the Southold Town Zoning Ordinance (c) would be consistent with
the present policy of the Town Board of the Town of Southold of
granting similar applications under the circumstances referred to
in paragraph Third (b) supra and in cases similar to the peti-
tioners (d) would permit the petitioner to obtain a reasonable
· "i return on his investment in the subject parcel of land as same is
'·i not possible under the present zoning designation (e) would be
!~ in conformance with the non-residential usages surrounding the
i· subject parcel of land, on the West "M-I" (Multiple Dwelling); on
.. the Northwest "B-I" (General Business); on the North, municipal
.. usage including related business uses; on the North, a heavily
traveled arterial highway; on the East, non-conforming motel
usages (f) would be in conformance with the present non-conform-
ing General Business usage of the subject parcel of land as a
',1 parking lot for the surrounding motel and business uses (g) would
not place undue or foreseen hardship on the surrounding parcels
of land to the South of the subject parcel of land since they
were also zoned "B" General Business prior to the 1971 amendments
to the Town of Southold Zoning Ordinance (h) would permit a more
desirable usage of the land for "B-I" General Business rather
than "R" Residential-Agricultural for which the subject parcel
of land is unsuited due to its unique shape and shallow depth
which would be inadequate to provide privacy for future residences
from the noise and pollution of the arterial highway to the North
of the subject parcel of land and the surrounding non-residential
usages (i) would be in conformance with the goals of the Town
of Southold and the By-County Master Plans which call for the
clustering of business usages and restricting same to areas where
they have heretofore existed.
FOURTH - Pursuant to Article XVI, §1600, Town of
'1 Southold Zoning Ordinance (1971) it is requested that this matter
?. be referred to the Southold Town Planning Board and that the
ii petitioner be given an opportunity to be heard before that body.
ii FIFTH Pursuant to §§264, 265, New York Town Law,
~ it is requested that all necessary notices be sent to interested
i! munie±pal authorities and public notices be published forthwith.
' SIXTH No prior application for similar relief
II has been made.
~.1
WHEREFORE, it is respectfully requested that (a) the
~.1 petition of Helraut A. Hass be granted in its entirety and (b) the
Building gone Ordinance of the Town of Southold, Suffolk County,
New York, including the Building Zone Maps heretofore made a
part thereof be changed, modified and amended changing the zoning
designation of the subject premises from "A" Residential-Agricul-
tural to "B-I" General Business.
Dated, September 14,
1972.
(n.s.)
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
HELMUT A. HASS, being duly sworn, deposes and says
that he is the petitioner in the within action; that he has read
the foregoing Petition and knows the contents thereof; that the
same is true to his own knowledge, except as to the matters there-
in stated to be alleged on information and belief, and that as
to those matters he believes it to be true.
A. HASS
(L.S.
Sworn.~before me this
./~-~day of Septemb~ 1972.
,)
X