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HomeMy WebLinkAboutHorton, Henry WHEREAS, a petition was heretofore filed with the Town Board of the Town of $outhold by Henry Horton requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang "A" Res & Agric. to .....'.'.~.'i...~.~.~.~ ........... lng from ..................: ......................... District District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relatiop to said petition having been duly held by the Town Board on the ..... ~.:!:~,g.....day of ............. ~'.~ ..................... , 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 den±ed. By Order of the Southold Town Board, Dated: July 22, 1968. occasion on which this subject parcel h~s come before this Board. To my knowledge this is the third application involving this particular parcel and, · 's the Board is aware, this parcel runs on Kenney~s Road between North Sea Drive and Dogwood L~ne, a 3Jortion of "~hich ir pr~.sently zoned "M" and a portion "B2". Bo submit that the zoning of this ~rcel is completely improper and against the facts as to ~vhat the zoning should b~ bas.~d uoon the surround- ing rosid<~ntirl area. This is absolutely no z.lace in ~he ~uid~le of a highly residential area to leave t~is little Busin~s~ and ~ltiple ~rea remain. We ask this Board not to compound thl~ thing any further. If there is no reason- able and legal basis under soun~ zoning procedures to pernit this property to remain as is, ~hen the change should bo eff~ctu~te~ at tbs ~.r~ie~t possible ti~e. Let me bring to the Board'z attention certain other relevant factors here. On each occasion that this application came before the Bo~rd, the Planning Board hat, J_n csch esso: rocs~nmendcd that this parcel be zoned "A# Residential and Agricultural. £.n the firrt oc~a~i n the Doard n~ovcd to re- zone the rrea. Th~ Beard failed to act on it, thu~ le~vinj ~h~. :~ubject parcel as a "B" Business and "M" Multiple Residence erea. Subsequently, a new appli- cation 'vas~ brought Defers the Board and again ~h£s time action ~zas taken and the parcel kno,~n ss "B" ~as rezoned to "B2_". ~c consider this nothing more thsn a compromise and certainly of no beneficial value to thc residents in this "A" Residential surrounding. We ~euld ask th~.t the Board t~ke the necessary steps to ccrz~ct an error and m~,ke thc subject D~rcel an "a" Resi- dential - Agricultural area. If there is anyone conducting anything on the business property now, he would hsve the right to continue a~ a non-conforming use. For the time being, I ~lll defer, because I am sure there are others here ~ho would speak in favor of this application. SU~i~VISOR ALBERTS0N: Just to clarify things, this piece originally -7- was all 'B". The last change changed it to "B2" and the balance to "M'. This has been full ~]~ for a number of years and the change just took place recently. S~PE~ISO~ ALBE~T$ONI Who oleo would like to speak in favor of this relief? GERALD D. ~R~S, ~e Drive: I ~ge the Board to t~e favorable action on the petition it now has before lt. This is an area o~ residential use an~ we feel that It will be detrimental to all of the single- fa~ly residence users in this area If we see a "B" use come In hers. understan~ that the Planning Bo~d has re=e~ended that this ~ea be zene~ "A" and I thl~ It would be improper for the Boar~ not to act on this petition. ~ ~AF~Z, North Sea Drive~ ~rst, with respect to the editorial that appeared in the newspaper two weeks ago, I thi~ that the e~ltorial was rather unfair to the resl~en=s who had ~i~ed the petition, because it seemed to give the impression that our objective was to put the businessmen out of business. That is not our objective. These people who ~re currently con- ducting their businesses cannot be thrown off this property if this property is zoned "A". Unfortunately, this is the point that was ma~e in the editorial. The point that ~a~ not made is that so long as this property is zoned and "~ any number of inappropriate uses could come abou~ in the ~ture. I know from personal knowledge that there ~re plans to expan~ t~is p~operty beyond the current businesses and I thi~ tha~ the real issue here is, should this property roman zoned so that tomorrow or next year or two years from now, we wouldn't be faced with a small motel and a sm~l bar, but a bar and grill, a l~.rge motel, a miniature golf course, and so on, that would be perfectly legal and would be inappropriate for this particul~ scenic, resi- dential area. -8- MR. MARKEL: I am surprised not to see more of the real estate pmople in favor of our petition, because we spend thousands of dollars in this area. I think it ix very important to the business people of the community to have people such as ourselves living in this area. a lot more money than a motel or a small bar. SHEPARD SCHEINBE~G~ I represent Mr. I am ~-ure that ~e would spend and Mrs. Potecki. Mr. and Mrs. Potecki own the property ~,~hich is presently zoned "M", whinh is a multiple residence and ~hich permits motels. I have heard somethin~ tonight along the lines that a mistake was made here back in 1957 ~7hen zoning was first brought to the Town of Southold. Who was it that determined that this was a m/stake? I don't know. Possibly the Board sitting in 1957 did not feel that it was a mistake to zone that particular area "B" for Business. In 1960 Mr. and Mrs. Potecki came to this area and purchased the property which was then zoned "B", knowing thot it was zoned "B", and purchased 1.7& acres. This is one and three- quarter acres of property zoned "B" and they paid $10,000 for this piece of property. Fhis ~as zoned Business property. This was not zoned Residential property. ~x Two years passed and they built the present structure there which is a motel. It's a multiple residence - a three-family multiple residence. This ~as not a mistake - they knew what they were doing. You say nobody told you that this was s Business zone. "he Zoning Map is on file - it's a public document and everyone has e right to look at it. If yau came in after this, you bought with your eyes wide open. On the corner is now a food stand. Some people failed in the business, but that doesn't mean that this particular area was bad for business. It might have been a bad businessman. Zoning remained "status quo" until January 1968. ~hat meant it was "B" property from the be- ~inniug of zoning right up to the time of 1968, January. At that time a public hearing was held and a change of zone was sought - I believe by the Town Board on ?our own motion - from "B" to "A". At that time it w~s not changed from "B" -12- to "A" Residential. Public hearings were held. Where were you? (Someone in the audience) 90% of us were not here et that time. MR. SCHEINBERG: A second public hearing was held. This time I think you had a little turnout, but at the end of thi~ meeting thc Board to~k come th~n~s under consideration and they chan~ed the Potecki property up to "M" and the other property on the corner was chan~ed to "Business 2". Here we are one month later. Whrt happened between last month ~nd this nonth thet the Bo~rd should change their minas? Phs property remains the came. ~here is a motel on the "M" pro_~erty and ~ stand on ~he "B" property. Let's tske a look at this map. ~he map indicates the blacked-out a~ee which is "Be" and "~' ~nd everything sl~e is "A". Now, this looks an~ sounds very good, but now let's take a look at the ectual property. Directly acro~s the street is the Town owned land. Do you expect single-family residencs~ ~o be built on ~own o~ned property? You are net idiots and you do kno,~ ~h~.~ the Town will be building on this l~nd. If y~u were ~o give a guess ~ to ~hut would be used fo~ this land, what ~o~ld y~u say? A parking lot, recreational facilities fo~ the Town? This would be my guess. There are quite ~ feu acres ~cro~s the -~'~ot. At the end of Kenney's Road is North Sea Drive and the beach. Something ;~as said before about private business and ~a~ payers' money. Mr. an6 ~e. Potecki paid for business pro?erty 5nd choir taxes so reflect that ~hey o~n business property and that they ~e payin~ ~axe~ on it. Directly be~ind the Poteckies to the northeast ~s vucant property. As you go further to ~he northe~art there are a few cottages zoned "A". But, the Poteckies are not complai~ing that it is zoned "A"~ just as long as their pro~erty is zoned "B". Fhe Board must ~sd~e into consideration hh~ vhol~ orea. To the outh of the Potecki property is more vacant property all the ~ay down to Dogwood Lane. Ponirht i tbs first time that I saw this property. I took a left onto Kenney's Road and I was very pleasantly surprised to see the area as I moved do~n to ~he Sound. Then we came to a large open area. ?he Town owns it on the left and on the right before the Potecki property. Why isn't this property left the ~ay it is? Peoole like to go in and change the zoning on other people's property. Weter- Xmm~ front is the ~reatest natural asset that the Town of Southold has. Water- front means recreational-residential areas. I'm afraid that ~griculture, which has been the backbone of our East-end com.~unity, is on the '~y out ~s the basis for economy and more and more we ,~ill look to r~creational-residential ~reas and the u~:e of our natural reszurces. ~he only way to sa~e waterfront prooerty is to maintain zoning. I ask the Board to maintain th' zonin5 as it is, or, in the altern3tive~ to place this property back in ~he "~" zone in vhieh it was originally. SfANLEY CORfIN: I am here individually, on my own behalf, end also on beh:~lf of ths o'.'nors of part of the property, Mr. and Mrs. i?liveri. In view of Mr. Cron's stetement about his 160 clients and where all the emotion was coming from, he apparently was incorr.~ct. I think th~,t ~he iourpose of a public hearin? ia to afford the Board an opportunity to get ~ sense of what ~he public thinks: but I feel th~,t it all ou~ht to ~e relcttered and conform within ~hs framework of those provisi~ns of the Town Law %Thich enable the Board i~s legal latitude in this ~rea. ?;e az'c ~alking pri~cipally about the healhh, safety, morals ~nd welfare of the poe?lo of the community. ~hen ~ we look st this change in ~hs light of that, ,re don't see ,~uch valid reason for it as I see it. For $25.00 they can force this Board into this kind of a nearing. I think it is important tha~ v~e look at the history of the change and u~:e 'that as some kind of a guide to determine whether or not the present applicati¢~n should be granted. The fir.~t two applications were m~de on the Board's own motion. The Board firsb moved to upzone it to "A". ~hen there was s public nearing that was not widely attended and there was very little support in favor of the change at that time. The Board itself found that its -14- own thinking apparently on how this should be zoned was incorrect and it modified its own action; it denied the application actually by a resolution and o~, the same night that that was done~ made a new motiou to change it as it presently is. It is, of course, a requirement of this Board that when an applicotion is m~de for a change of zone: it has to be referre~ to the Planning Board. ~he Planning Board said yes, we s~e in favor of this change to A. ~he first time that the Bo~rd ~eferred this zoninE to the Planning Board it won't along ~ith tho Board's feelins, but the rzason Elven was that the paucel ~as zoned "B" in error. That is an opini.~n of the Planning Board -- it was not a mistake, and I talked with many members of the Board at the time that it ~as done and the member who was in charge of that oarticulsr area of the To~n, Mr. Van Duzer. The second time the Planning Board proposed to rezone, ~he Board told you that now it was a question of a serious water supply. If th~se replies to this Board are the thinking of objective people who are concerned uith long-range planning ....... certainly no one can tell me that there i~: any cousol~tion about this rez~lution of the Planning Board, se I hope that tho Board is not of a mind to ogren that this wa? o zoning error. The reasons ~iven were a~ follo~s: ~he property is surrounded b! "As zoning; it is an inwit~tion to expand to all business usaa; it would increase the noise; ~nd that there are other available site~ fo~ businas~ ~scs. The Board is aware that there. %re ~any areas zoned other than for ~esi~snti~l in this Town that are completely surrounded by "A" zoniuf and cer~ain!y that is not mny reason for anything to be changed. So far as leaving it rz it is being an invitatlou to expand, or changing this because there mi~ht be another Apple Tree there in an "A" district, we can have many things. This is not an invitation --- zoning is not an invitation to ,~ke any substantial changes nor to bring in the worst in any business area. So far as increasing the -15- noise and traffic -- we already have everything that goes with a beach, but the f ct that that noise is already there doesn't mean that it is going to be worsened. ITow, also in the petition they said that this would be detri- mental to the area residents. That's no reason to change zonin?. I eubmit that ii~ taking into conrlderation 'the welfare of che people of the Town, not just s~mmcr residents, but also ye~r-rcund residents -- thi,~ isn't ~oing to mskc any difference. The welfare of the Town ?ould be better off if it is left the way it is. So far as transients being invited, the Town facility already bri~e them in. I kno~ that this Bo~rd r,{~ds the official paper, but I submit that a lot of significsnt remarks wei~e m~do in it. In cna breadth the peonle say they have a small bar and that they can continue to maintain it, ~nd I b~ve a o??y of a letter from a Mr. ]~auch ~ated June lqth in .~hich he pointed cut to the Board that operation of thut small bar Ls=~ failed over the p~st under the Ol"nership of three different peddle. So, apparently as a non-conforming use it isnmt going to be of very much uss. In y ur zoning appeal where you i~avc to <3eal ;'ith special e×ceutions, one sf the testa that you ~.et up ia that uroo~rty values must be concerned. Mr. U%lveri bought his property before the first ?ublic notice of this :etlon and paid $13,OOO for it and he had been told that if it were to be rezoned that the property would be valued at about ~6,000. I submit that, taking tkis as a proctical zoning m~tter, this Board should decide this application ?nd leave the zoning as it is. ROBERT '{YATT: I am a businessman in Southold and the reason I am here ~s becsu-e I head an editorial in the p~per and read some letters, and I find that the best way to ?et to the point of a subject i=~ to attend that m~etin~ and learn. I~ow, I did listen and I think I learned quite a lot, but I Eot s little bit perturbed at three things that mere done. I happen to have been a transient et one time and yet I hope I am considered a member of -16- this Town. came here who were at one time SUPERVISOR ALBER~DN: ask questions of the audience. question, that's fine. would like a show of hands of all the people in this room who transients in this area. We do not take a vote at any hearing and do not If you want to ask a question as a rhetorical MR. HYATT: ! will take back my question, but I will assume that a good many of us here were transients. Therefore, I ~hink that we should pass from our minds any feeding that transients are not possibly good future citizens of Southold. I think we should just disregard that. What town are you from? We are all from this country and we are discussing a human being's rights as an individual and therefore I think we should cast asl~e emotion and just listen. MR. COBET: I believe Mr. Hyatt nas an ulterior motive with Mr. Oliverl being in the building market. Me mentioned that ~e are all transients - that we all emigratsd from Europe, but I would like to still point out that many transients, practically the whole of New York, have only about an hour~s drive ts this area, and these are the kind of transients that we ar~ interested in. We came out here '~ith very good reasons and have invested huge sums - we didn't come for an hour or two. Somebody mentioned that this m~ht hove been an error, and it might not have been. ! don't dispute this and I am aware of the facts, but how the Board will agree that good zoning should be fluctual. I am not anti- business and I know these people bought the~e properties in ~ood faith I am ~ure. We don't mind the luncheonette, but as I said before, we would mind an Apple Tree. ~Xx Mr. PoteeF~ has no objection - its a very nice place and I am sure there is no objection for him to continue. But this is on three parcels from North Sea Drive to Dogwood Lane and Mr. Potecki ~%~ht not own his parcel two or five years from now. And, the vacant parcel on Dogwood Lane and Kenney's Road may change h~nds and we've got to think about the future. I thi~ this is the Board's responsibility. Someone mentioned, I believe it was Mr. ~ron, that -17- other residential areas in $outhold are surrounded by business sreas and this may be true. But, this maybe occurred before zoning - but, are we going to cmmpound this felony? There was no control over this 30 years a~o. But here's something that is in its infancy - herets a possi'~le cancer Eroding ri?bt hose. You , az the Board, c~n be surgeons and cut it out right now. We h~ve Torn aEents and police cars on the beach area, but if y~u are talking about private property, the police can't go on private property. Somebody mentioned the four questions in tho Long Island Traveler - I think those questions are very reason- ably and intelligently answered. I think the Board has a responsibility. I think the investment Mr. 01iveri has is small compared to the total investments hy the people that are here and many others that are not here touight. I hope the Board sees fit to fulfill their responsibility. DR. V~'~DEMESE: I hope that the Board rill t~e into consideration and realize the damages that are imminent in any changes in similar areas. Tou have had a spot-zoning here and look at the com~otion it has ~ raised. MRS. ~ED COBET: In listening to the la~yer for the Poteck/es, he mentioned the adjacent vacant property and also property that ~uaa o~ned by the Town. We ~re not concerned with that. There is vacant property adjacent to this property that is in discussion now. If we are r~ot up on our toes, where is it going to end? MR. CRON: I have liutened with a g?~at deal of lntercst~o my colleagues in the legal profession. I was particularly interested in the history concerning their clients property. I was also happy to he~.r Mr. Cor~in raise really what is the issue here. I wonder if this property in question, if it were zoned Residential "A" at this time and an application came before thi~ Board to zone that property ~B2" a~d "W', then this ~ould be a ~onderful example of &pot- zoning. What ~e are doing here is the reverse of the ~ituation. We already h~ve the area upzoned -- we are no~ trying to rectify this :~ituation. I have seen in other areas where business property has been rezoned to "A" where the factors that exist in this question were very close. We ask the Board to do that which is right. It takes courage to do that which is right. It doesn't take any courage to ignore or to compromise it. We want the property to be rezoned under sound zoning principles. The issue is today as the conditions exist in that area - is the property properly zoned under sound zoning procedures and practice? We cay that it is not -- we would ask this Board to move with ihs utmost speed so thst niether side is left hanging for any degree of time. I ish to remind the Board of the fact ~hat some two or three years ago there was a ~otel proposed to be built right off Kenney's Road and at that time people absolutely were against any such type of business and I thought that the Board at that time would ~ve acted in behalf of the residents in this area. SUPERVISOR ALBERTSON: We have many letters and telegrams concerning this which are part of the record. MR. CRON: X wonder if, as a part of this hearing, the Board would be willing to incorporate the files on the two previous hearings? SUPERVISOR ALBERTSON: deliberation. (Someone in the audience): lng at the January 23rd hearing. No should be brought into this hearing. Certainly they mill be considered in our I was mislead by someone into not appear- reference from the first two hearings MR. TOM P~: Dan Smith owned the land that ay home is On now and I ~va~ the one ~ho was turned down by 'the Board because I was told it would be a public nuisance. (Someone in the audience): We people are not~gainst the Poteckies and not against the small bar continuing i~ its present capacity, and if he can better himself withi~ the confines of his property . (Someone in the audience): We are acting a 1;ttle bit belatedly about this matter. It is evident that most of us are summer residents an~ not here -19- in January. MR. COB~: We may not be h~re in the ~in~er, but we vote here. Some ~f us own t~.~o homes - we can choose our leEal voting residence and many of us do vote here. SUPERVISOR AI~i~TSO~: The word "summer resident" ds n~t a dirty word. We are very happy with the summer residents in the Town of Southold, ~nd hope that you continue to ~ome here. MRS. COBET: ~ remember quite well wal~_lng down and loeking ~t ~he area and seei~ the small bar closed and thi~ was in 195~ or '35. ~ thought it would be a very nice place if it were open. ~ And the ether building, i~ looked ~o ~c like a huge colonial and ! know tha~ he ren~ed out apartments. I never thought until a £~w months ago that this property could b.~come a night- mare. We hope to retire here and live he~e ~ud ~o ~hink th~ this can be taken away from us . ~t bre~s my heart to see what might happen in this entire situation. ~[R. HYATT: ~ was here m~ the result of an editorial I had read and letters in response to it. Since that time I investigated who the party in- volved was, found out and discussed the situation and told him that Z would attend the meeting .~ith an open ear and an open mind and ~ n~ver will have an ulterior motive to exis~ in this area. ~f we don't ps_rticipate in those meet- in~s when .~e have questions in our minds - let's al~ays remember that we have the privilege of having a he,ring like this. SUI~ERVISOR S?.mERTSON: Themmeeting will close at this time for further deliberstions of 'the Board. -20- June 19, 1968 Mr. Lester Albertson Town Supervisor South Old Long Island, New York Dear Mr. Albertson: Relative to the up-coming meeting to change the existing Zoning regulations per- taining to the property located at the North East Corner of Alvahis Lane and the Main Road, Cutehogue, New York, I am enclosing a resolution that was unanimously passed by the Board of Governors of the North Fork Country Club at ~heir meet- ing, Saturday 3une 15th, 1968. Respectfully, Patrick' J. Cronin Member of the Board PJC:bJg Enclosure North Pork Country Club-ReKular Directorm Meeting June 15, 1968 RESOLVED THAT: Such an action in our opinion would tend to further de- teriorate the park-like area of approximately one hundred acres presently used as a vacationland by the North Fork Country Club. We believe that the Town and the Club have an identical interest in preserving and protecting the open spaces remaining in the town, whether publicly or privately owned. The club serves the recreational needs of several hundred local residents and has been in existance approximately fifty-seven years. ~o~ Co~y, Ne~ York, pub~c~ :~ ~1]1 be held by'file ~uth~d ',~S ~ne N. 31~ 15' 10" W. ~ ~ I~nd of Verd~; ~ l~e of Al~h's Lane, the ~a~ ~erly co~r of 1~d of Oap~ ~ ~; from. ~id ~i~Sf,~- t · District ~o cultural DIg~ri~ tl~ foll0wi~ det~rib-! Bestm~h~ a~thg, mf~.rsection ~, them ~utherly alo~ ~d~ .~r~ ~ne ~ N~h ~ ~,[ COUNTY OF SUFFOLK I, 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, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- once each week for ~ .~ ....... ~ .~.~,ff... ....... man successively, commencing .................. ~.._ ............... day of ........... Sworn to before me this ...................... doy of ...~.~:.~z._.., ~,..~.~'-- .......... z ......... '~,~n' o/~l~, .S~. J~ cotter, ~~t~al ~t to ~. ,~'~t on the d~.~'~.~0. E. 1~7.54 ~.~ ~ ~her ~ ~ V~ ~. ~0'=00" ~e of ~.~ B,,~ W. 137~ ~ t ~:~y ~e . ~u~ ~ .~: ~lct to ~ ~t a. ~t ~ the ~ ~ of the ~a~ l~ud o/ ~ e~d.~ n~-therly comm- of-/k~ ,of ~; ~ ~t~ ~ ~.~. ~z. ~~ '~ ~tw~ ~~ ~d la~ · of .~ ~% m~ or. ' ~ ~m . ~ ~s~rly ~ ~ to ~ ~ ~ 4~.0 I~t m~ ~ ~ ~ no~w~rly r. ~d ~ of c~ and ~e e~ ~ ~n~ Road, ~a ~ve; ~ ~id p~t of ~ '~ ~ly ~l~g ~id ~ ~ oi ~o~ Sea ~ve, 18~ ~t ~ or ~s; ~ence s~ly 580 ~t ~e or l~s,} W ~ nv~erly ~e oi Do~d ~ ~ w~rly ~ said 2~.~ ~ ~ ~ ~ ~ ~st- ~y ~ d~ to ~ hear5 sho~ ~ at ~e ~e and place a~ve ~.' ~T W.' R~, COUNTY OF SUFFOLK, | STATE OF NEW YORK, ~ ss: s~s that .. l~J. . is Printer end Publishe~ of ~e SUFFOLE WEEKLY TI~S. a news~er pubtish~ ~t Greenport, In s~d county; and ~at the noti~, ~f which ~e .~ex~ is u pzint~ ~py, ~s ~en published in the s~d Suffolk Weekly Times once in eech we~k, ~r ............ ~k~ .......... weekh successiwly commencin~ on the ..... ~ ~ ~.~ ' ~ ~ ~ d~y of ~.~ ....... 19~.,~. ~ ~ . ..... Sw~ to before me this .~.~:.'.. ] .... ~J "B-~" BumJmm 9L~Act ~im fol.2~Jqw~g ~ Southold Town Planmng Board ~rlUTHrlLO. L. I., N. Y. 11~71 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe William Unkelbach Frank CoyJe Report to: Southold Town Board 16 South Street Greenport, N.Y. 11944 May 22, 1968 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on May 22, 1968: In the matter of the original petition of Henry Horton, Cutchogue, N.Y. for a change of zone on property located on the northeasterly corner of Main Road and Alvah's Lane, Cutchogue, N.Y., and more particularly bounded and described as follows: Beginning at a point on the northerly line of the Main Road where it is intersected by the easterly line of Alvah's Lane; running thence alongthe easterly line of Alvah's Lane, North 31 deg. 15' 10" W. 154.82 feet to land of Verderese; run- ning thence along land of Verderese, N. 61 deg. 56' 40" E. 137.54 feet to other land of Verderese; running thence along said other land of Verderese, N. 30 deg. 30' 00" W. 172.80 feet to the north- erly line of the Main ~oad, running thence along the said north- erly line of Main Road, S. 69 deg. 30' 00" W. 137.45 feet to the easterly line of Alvah's Lane, the place of beginning. It was RESOLVED that the Southold Town Planning Board approves the change of zone from "A" Residential-Agricultural to "B" Business. ~T~spect fu 1 ly submitted, (Jo~n Wickham, Chairman~-~ \~9'outhold Town Planning Board May 16) 1968 ~r l~en~ Horton De~r Sir; Xou will ;70 notified of thc time ~d place ol'_the ~.uL'Ic your %'our s tr~,:ly ~DUTHOLD, L. I., N. Y. May 16, 1968 Mr. John Wickham Chairman Planning Board Cutchogue, L.I. 11935 Dear _M~'. Wickham; The original petition of Henry Horton, Main Road, Cutchogue, N.Y., relative to change of zone from "A" Resid- ential and Agriculural District to "B" Business District on certain property situated on Main Road and Alvah's Lane, Cutchogue, L.I., is in the files in the office of the Planning Board at Southold, New York. You are instructed to pre- pare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. AWR/mr Very truly yours, Albert W. Richmond Town Clerk 173 CASE NO.: .............. STATE OF NE~V YORK PETITION TOI, VN OF SOUTHOLD IN THE MATTER OF TIfE VETITION OF FORA CHANGE. MODIFICATION OR :\MEXDMKNT OF T~fE BUILDING ZONE ORDI- NANCE, OF THE TO~.VN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOIYN BOARD OF THE T¢)%VN OF SOUTHOLD: (insert ~mme of petitioner) Sufft,]k County, New York, the nndersig-ned, am the owner of certain real property situated at Cutchogue~ N.Y. Beginning at a point or~ the northerly line of the main road where it is intersected by the easterly line of Alvah's Lane; Running thence along the easterly line of ~lvah's ~ane N. 31o-15'-10'' W. 154.~2 feet to land of Verderese; Running thence along 2and of Verderese~/.61°-56'- ~0" ~. 137.54. feet, to other land of Verderese; Em-ming thence along said other land of veraerese ~.-30o-30'-00'' ~. 172.80 feet to the northerly line of the main road; running thence along the said northerly line of main road S. 69°- 30'- 00" W.i_to the easterly line of Alvahs Lane~ the place of begirming. ~7.~f~,_ ~¢e [ 2. I do herel)y petition rite Toun Board of the Towt~ of Southold to change. ~nodi£y and amend the Buildmg Zone Ordinance of the Towu o1' Sot, thold, Suffolk County, New Y~rk, i,~clttding the Building Zcme Maps heretofore made a part thereof, as follows: By changing the above described parcel of land from "a" residential - agricultural district to "B" business district. 3. Such request is made for the following reasons: I have had several inquiraes and offers to lease or sell this property for business uses. I have now pending the lease with option of purchase by a party who wishes to open a gift shop on these premises. STATF~ OF NEW YORK, ) ) SS:--- COUNTY OF SUFlrOLt~-, ) Henry Horton BEING DULY SWORN, deposes and says that hc 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 i~is (her) own knowledg'e, except as to thc matters therein stated to be alleged on information and belief, and that as ttJ those matters he hclieve> it to be trne. Swc~rn to before ille /'~tary Pnblic. I'~P~RION A. REGENT NOTARY PUBLIC, State o[ New Yod,