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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