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HomeMy WebLinkAboutKaplan, Bernard - Denied WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by .....~'~.'~...~P)r.~:~ ............................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- - "A" R~S. & A ric. to "M" Mult. Residence mg from ............ ~ .............. ~r .......... District ........................................ District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....~.~.?'.~. ..... da,,' of ............... '~.]~'.~9~.~ ............. , 19..~.1~.., 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: February 27, 1968 · Albert W. Richm~, Town Clerk Tow~ of Southold M ~ N U T E S SOUTHOLD TOWN BOARD February 13, 1968 PRESENT: SUPERVISOR LESTER M. ALBERTSON JUSTICE MART3~N SUTER COUNCILMAN LOUIS DEMAREST COUNCILMAN HOWARD VALENTINE TOWN CLEi~K ALBERT W. RICHMOND Bernard KaDlan - Chanqe of Zone SUPERVISOR ALBERTSON: I will open the hearing at this time by reading the legal notice of hearing: "Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board in the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 13th day of February, 1968, at 7:30 o'clock in the evening of said day on the following proposal to amend the Building Zone Ordinance (including the Building Zone Map) of the Town of Southold, Suffolk County, New York. "L. By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: "Ail East Marion, of New York, that certain real property, situate, lying and being at in the Town of Southold, County of Suffolk, and State and more particularly bounded and described as follows: "BEGINNING at the easterly corner of lot 1, as shown on "Map of Cleaves Point, SeCtion I", filed in the Suffolk County Clerk's Offiee as map ~752; from said point of beginning running along the boundary of the existing "M" zone, S. 33° 22' 50" E.- 610 feet, more or less, and then less, to Cleaves Point, Section I'; t~ence along said land, N. 44° 183 to ordinary ~igh water mark of Gardiners Bay; thence westerly southwesterly along said high water mark, 330 feet more or land shown as 'reserved for beach area' on said 'Map of 03' 30" W.- feet more or less; thence along a 15 foot right of way as shown -3- on said map, N. 12° 53' 10" E.- 131.27 shown on said map, N. 8~ 13' 10" E.- 5 as shown on said map, N. 0° 22' 40" E.- 124.15 feet; lot 4, as shown on said map, N. 16~ 08' 20" W.- 131.56 southerly corner of said lot 1; thence along 37' 10" E.- 75.0 feet to the point of beginning. acres, more or less. "Any person desiring to be heard on ment should appear at the time and place feet; thence along lot 6 as 121.02 feet; thence along lot thence along feet to the said lot 1, N. 56° Containing 3.1 the above proposed amend- above specified. "Dated: January 23, 1968, By Order of the Southold Town Board, Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: TheSe are affidavits in the file indicating publication was made of this notice. I will now read the ~commendation of the Planning Board. "Gentlemen: This is to certify that the following action was taken by the Southold Town Plannhg Board at their regular meeting held on January 16, 1968. "In the matter of the petition of Bernard Kaplan, Edgewood Avenue, Smithtown, New York, relative to a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at East Marion, Town of Southold, County of Suffolk and State of New York, particularly bounded and described as follows: was not read again.) in the and mc~ (The legal description -4- "It was RESOLVED that the Southold Town Planning Board does not favorably recommend to the Sout~old Town Board the change of zone from "A" Residential and Agricultural District to 'M' Multiple Residence District on the above described property. "The Planning Board refused to recommend a change of zone on this property twice before, and the Planning Board sees no reason that would change our assessment of the affect such change would have on the area. It is the opinion of the Planning Board that any such change would be detrimental to the area. "Respectfully submitted, John Wickham, Chairman, $outhold Town Planning Board." SUPERVISOR ALBERTSON: I have some l~ters here concerning this change which are part of the record. I think most are in opposition to and I will read them at the time we wish to hear from those in opposition to this change. At this time is there anyone who wishes to speak infavor of the relief sought in this petition? STANI~Y CORWIN, ESQ.: Supervisor, and Gentlemen of the Board, I appear on behalf of the applicant. I must say preliminarily this is a hearing before the Board, not on a legislative matter in that no record that is being taken that could be taken into court. I will ask that the Board take into c~.eQ~sideration what is already on the record. I am sure you are all familiar with the area. I don't need to described it. I don't think it serves purpose to comment on the recommendation of the Planning Board. With regards to that, I would like to point out that there are changed circumstances in the sense that we have had tried a number of times to dispose of this -5- property without any success. It affects the welfare of the Town as a whole when you have boxed-in zoning the way we are with this property. The Planning Board says in their recommendation that any change would be detrimental to the area. We are concerned here not necessarily with the area, but whether or not a type of zoning is going to have adverse affect on the health, safety, welfare or morals of the Town. I want you to recall that this has been from time to time a non-conforming use ever since Cornibert owned the property. There is some question in my mind whether this has been continued actively for one year. There may have been some period when the non-conforming use was not continued for 365 days of the year. They have rented it for the summer. The kitchen facilities have been used in conjunction with the motel. The application is to zone from "A" Residential and Agricultural District to "M" Multiple Residence District. This is bounded by the bay, on the west and north by the subdivision and on the east by an "M" zone ~ere the motel operation now exists. On the west where the property is adjacent to the subdivision there is a natural gully. On the west side there is a reserved area for batheing or public batheing beach, so that the property is buffered against the immediate adjacent residential property. I said when I was speaking preliminarily that the owner of the property has endeavored to sell this property. It has been on the market at a reasonable price, and they have been unsuccessful. It is not readily saleable. However, it is a piece of property that could be added to the "M" use property in conjunction with the Multiple residence use. The adjacent -6- owners of residential property are not going to be hurt in the use of the property in this particular type of zoning and we ask the Board to take a hard look at the situation and to grant the application. SUPERVISOR ALBERTSON: Thank you Mr. Corwin. Is there anyone else who wishes to be heard in favor of the relief sought in this petition? BERNARD KAPLAN: Mr. Supervisor, and members of the Board, I can only say that this building on the premises can not be used for any other purpose than what it has been used for. That is in conjunction with the existing motel. It is economically unfeasible to use this as residential property. No~ing but deterioration will set in unless we can put it to proper use. SUPERVISOR ALBERTSON: Thank you Mr. Kaplan. Is there anyone else who wishes to be heard in favor of the relief sought in this petition? (There was no response.) SUPERVISOR ALBERTSON: Before I ask for those in opposition to this change I will relate what letters I have received. I have a letter in opposition to this change from Adrian Stahl and Abbie R. Stahl; in opposition to - Elizabeth A. Geyer; one from James T. Young, in opposition to, and there n~y be others that will be taken into consideration. Another one from Lester M. Shapiro, M.D., and s~tes in opposition to; one from George J. Garbe, who is secretary- treasurer of the Cleaves Point Property Owners Association who are in opposition to this change. These letters will be taken into -7- consideration by the Board. At this time is there anyone present who wishes to be heard in opposition to the relief sought in this petition? LESTER E. SHAPIRO,M.D.: I am president of the Cleaves Point Property Owners Association. I have been asked to attend this meeting and speak in opposition to this property. In 1964 and in our latest attempt to retain the character of what was a very desirable development. The first attempt was to change this property to Business zone; again to convert to an M zone and now it is up for an M zone again. We are appreciative of the Board's stand on this before and it was our understanding after the last meeting this very property was to be and remain as a buffer zone, Last time that some M zone was granted it included the present motel site and a large area to the east of the present motel. We opposed the granting at that time, but we went along with it with the idea this would remain as a buffer zone. The topography is open. We don't feel there is gully enough to protect us from the motel in this area. We could bring up many arguments. The reasonable price is open for question. The fact that he will suffer financial hardship, this could be questioned. This is not to go into here. We are quite fearful of granting an M zone with the present structure. He states that if it was to stay as is, it would deteriorate . That is his problem. It isn't for you to grant relief for something that was there. bought a white elephant, that is his problem. They could break down into three or four lots. There If he this is no hardship on this property. -8- SUPERVISOR ALBERTSON: I would like to say this. Under the law anyone can bring i~ applications for property changes as many times as they wish. Someone else wish to be hear~ in opposition to the relief sought in this petition? WILLIAM McDERMOTT: I wrote you a letter and its on the record. I concur with Mr. Shapiro. The comment was made that the gull~ was some sort of buffer. Mr. and myself own that gull~. You can't call it a buffer. Young, and the next property owner It runs from the street up the hill. I might fill it in. I am not trying to be negative, but had I known this was going to be an M zone I would have had reservations on buying the property. I have looked forward t~many years to living there and I would hate t o have any down 9oning. If you go down to an M zone anything can happen there when he sells it. I respect his judgement, but I don't know who he would sell it to. I don't think it is the policy of the Board to Down zone. I grant Mr. Kaplan has large respect as a businessman, but in respect to this property, he will be gone and we will still be there, and it is our home. It is not Mr. Kaplan's home, and this is very important to us. ~.~4r;~ Kaplan can do something with this property with a little bit of communication with the neighbors and the Board~ we could come to a better conclusion. SUPERVISOR ALBERTSON: Thank you sir. Is there anyone else present who wishes to be heard in opposition to the relief sought? (There was no response.) -9- SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak one way or the other~ STANLEY CORWIN,ESQ.: Just briefly Mr. Supervisor and Gentlemen of the Board. Some people who had registered their opposition in most cases the people who are objecting bought the property and were well aware of the non-conforming use of the building. Any possibility of them not being aware, just isn't so. On the economic factor, the Town has been collecting $2500.00 a year on this and it has shown no return on this property. It is an economic problem. We believe relief should be granted by the Board. MR. SHAP//{O: A non-conforming use would limit it to what At is right now. If he would rent it out for the summer, that is alright. With a change of zone all the privileges of an M zone would run with this property. He could tear this building down and put up a new building, on that? SUPERVISOR ALBERTSON: a bar and a restaurant. Am I right Yes, provided the restaurant is an Not the ancillary facility of the operation. SHAPIRO: It is not the same as renting out a room or two. same if M zone was granted to ~. I also question the point about whether one year has ~assed since it has been used. SUPERVISOR ALBERTSON: Another point here. If it has not been used for 24 months it then rever~s back to residential property. Anyone else wish to be heard on this application? -lO- MRS. FRANCIS SHAPIRO: I would like to call the Board's attention to the fact two or three years a~o when Mr. Kaplan first asked for the zoning change, it was suggested that he wasn't going to change the character of the area. Ever since, he has taken possession it has been changed. ~he channel has been dug back further. We still have dirt roads that aren't paved. This plea to change~e manor house is not going to hep the location or the character of the area. SUPERVISOR ALBERTSON: Anyone elsd wish to be heard one way or the other? John Sarog: I am here to represent Marie and Teresa Cofey. They oppose the down zoning. SUPERVISOR ALBERTSON: Anyone else wish to be heard? (There was no response.) SUPERVISOR ALBERTSON:Hearing none, we will close the hearing at this time for the further derliberation of the Board. LEGAL ,NOTI L,. Netice of Hearing On Propoaal to Amend Zoning Ordlnan~ Pursuant to Section 265 of the Town Law and Article IX of the Bulding Zone Ordinance of lhe Town oi Sout~ld, Suffolk County, New York, pu~' hear:rigs will be held by the Seuthold Town Board ia the oYee af l~he Superv~or, 16 South $[reet~ Greenport, New Ye~k, in said Tcwn on the 13th day of Feb- ruary, 1968, at ?:30 o'clock in the evening of ,said. day aa the follow- lng propOsal to amend the Building Zone Ordimance (including the Building Zone Ma.p) of the Town of Southal,d', S~Lffolk County, l~ew York. 1. By chang/ng ,from "A" Resi- dential and Agrieultuca~ District to "M' Multiple Residence District the folowing der~ribed property: All that certain real property, sifuate, lying and being at East Mar- ion, J~ the Town of Sou~h~ld~ Coun- I ty of Suffolk. and State of New York, and more paxt/cularly bound- ed and described as folaws: BEGINNI~rG aL the easterly cor- ner of lot 1, as shown on "Map oi · Cleaves Point, Section I," filed in the $uifolk County Clerk's Office as map No. 2752, from said point of beginning running along fhe bound- ax~ of the existing "M" Zone, S. 33~ 29' 50" E.-610 feet more or less to ordinary high water mark of Gar- diners Bay; thence westerly and then southwestecly along said high water mark, 330 feet,mare or less, to land ghown as 'reserved for Point, Section I", thence along said beach area" on said Map of Cleaves landfi iV. 44° 03' 30" W.-183 feet] COUNTY OF SUFFOLK, | STATE OF NEW YORK, } ss: sa~s that . ...~. J .~is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a newspaper pub~ish~ ~t Greenport, in county~ and ~hat the noti~, ,o~ which the ,~exed is u printed ~py, has ~en published in the ~aid Suf~lk Weekl~ Times ~nce in euch week~ ~or ....... ~ .............. week~ suc~ssively commencing on the . .~,~2.~ .......... d~y of .~~~ ..... 19~. ............ Sworn to ~fore me this .~ 9.~ .... .......... ..... ........ ....... '. .,...). ........ NO*I~G-~ OF H~ARI'NG ON PROPOSAL TO ~ ~w a~ ~ticle ~X of the Bufldl~ Zone Ordinance of the Tow~ of ~:30 o'clock in the evening of said the Building Zone Ordl~nce (~clud- lng the Building Zone Ma~) of the ~more p~iaul~rly bo~d~ and de- h~h w~er mark, 3~0 f~ mo~ ~ Any ~r~n d~ng ~ ~ ~d on t~ a~ pro~ amendment sh~d ~ order of the ~uthold Town ~T. W, ~OND COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'FrlTUCK WATCHMAN, a public news- paper printed at 5outhold, in Suffolk County; and thai' the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..... ~'),,,r:~,~. ...... (-./f~.... weel~ successively, commencing on the ........... ~.._~..../...... ........... Sworn to before me this ...... ~ ............. do'/ of IVo ta~ Public fl/ ADELE PAYN~ / February 13,1968. Mr. Albert W. Richmond Town Clerk Town of Southold Main Road Southold, New York Dear Mr. Richmond: I am the owner of lot ~8 at Cleaves Point. and I strongly protest the pronosal to amend the Building Zone Ordinance and map to change from A residential to M multiple residence, the property at Cleaves Point. described in the legal notice in the Feb. 1st issue of the Mattituck ~a~eh~an Very, ~ruly yours Lester E. S~haDlro February 9~ 1'~6~ ~,~. A1Oert W. Rficb_mond Town Clerk Town of Southold Main Road Southold~ New York Dear Mr. Richmond: This letter is to strongly protest the proposal to amend the Building Zone Ordinance and Map to change from A residential to M ~lltiple residence the property at Cleaves Point~ described in the legal notice in the Feb. 1st issue of the 1,~TTITUCK WATChmAN, for the following, reasons: 1. Because I am the owner of the property described as lot ~"5 in the legal notice~ and d.:) firmly believe that this would tend to downgrade the v~lue of ~v property. 2. That this downgrading would have an adverse effect ?n ail properties contiguous to, and in the sm~ne vicinity of: said property; since it would remove a buffer zone between our properties and property t~at is already zoned for multiple residence and comraerciai use. ~ That this proposal is in direct conflict with the many policy statements made by Town Board members in their effort to upgrade rather than downzone in plannin,% for the future .of our township. 4. That any downzoning of this type would tend to open avenues for exploitation detrimental to the co~m~unity. Similar efforts by irresponsible developers and realty interests in the Oreenport area have already caused much consternation and brought forth strong criticism from responsible residents of the area_ I would also like to point out the possibility of an error in the third paragraph of the advertisement which states "all that certain property, situate, lying and being at East Marion, in the Town of Southoid " If this wording is in fact in error, would not the notice and the hearing be invaJid? Since there is a possibility circumstances will prevent my ab~ending the hearing at 7:30 p.m. on Feoruary 13th, I respectfully request that this letter be read and recorded at this hearing. Very tru. ly yours, William McDermott W~4./cm CC: Dr. Lester Shapiro, Pres. Cleaves Point Property Owners Assoc. Mr. Lester Albersson~ Supervisor, Town of Southold February 6, 1968 George J. Garbe 240 Caroline Ave. Garden City, N.Y. 11530 Southold Town Board 16 South Street Greenport, N.Y. 1194L Dear Sirs; The Woard of Directors of the Cleaves Point Property Owners Association, Inc. would like to go on record as opposing the proposal to amend the Building Zone Ordinance that would change the property of 3.1 acres described in the notice of Jan. 23, 1968 that lies east of Section l, Cleaves Point, East Marion (Map ~2752), frem an '~" residential and agricultural district to an '~" multiple residence district. The essential character of the area to the west and north is residential. ~e road, Maple Lane, is private, and several years ago Sen the property east of Maple Lane was zoned for '~" multiple residence it was believed that the described property would remain as a sort of '~uffer zone" between the m~ltiple residence area and the residentisl area. c,~nging ti~e zoning would eliminate this desirable situation. .~e hope you will consider very carefully the effect a decision in favor of the change in zoning may have on the present residents (and t~E~vers) of the area and the possible deterrent effect a change in zoning may ~ve on the purchase of property in the area by future residents (and taxpayers). .ctfully submitted~ J.T. Young 2895 Grand Concourse, Bronx, 68, N.Y. February 5, 1968 Mr, Albert W. Richmond, Supervisor Town Hall, Southold, Long Island, New York. Dear Sir: Please accept this letter as my protest against the application on file for the rezoning of certain pro- perty adjoining my property. I am the owner of a piece of property known as Lot #6 on a certain map entitled Ma~ of Section #1, Cleves Point, Map #2752 filed in the office of the Clerk of the County of Suffolk, Riverhead, New York, September 10, 1957. Thank you for taking prompt note of this as I may not be able to attend the hearing scheduled February 13th, in Greenport. Yours very truly, JTY:dy Registered Mail-Return Receipt Requested Southold Town Planmng Board SrlUTHFILD. L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe WiIHam Unkelbach Frank Coyle Report to: Southold Town Board 16 South Street Greenport, New York Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on January 16, 1968. In the matter of the petition of Bernard Kaplan, Edgewood Avenue, Smithtown, New York, relative to a change of zone from "A" Residential and Agricultural District to "M" Mulitple Residence District on certain real property situated at East Marion, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: Beginning at the easterly corner of lot 1, as shown on "Map of Cleaves Point, Section I", filed in the Suffolk County Clerk's Office as map ~2752; from said point of beginning running along the boundary of the existing "M" Zone, S. 33° 22' 50" E.- 610 feet more or less, to ordinary high water mark of Gardiners Bay; thence westerly and then southwesterly along said high water mark, 330 feet more or less to land shown as "reserved for beach area" on said "Map of Cleaves Point, Section I"; thence along said land N. 44° 03' 30" W.- 183 feet more or less; thence along a 15 foot right of way as shown on said map, N. 12° 53' 10" E.- 131.27 feet; thence along lot 6 as shown on said map, N. 8° 13' 10" E.- 121.02 feet; thence along lot 5 as shown on said map, N. 0° 22' 40" E.- 124.15 feet; thence along lot 4, as shown on said map, N. 16° 08' 20" W.- 131.56 feet to the southerly corner of said lot 1; thence along said lot 1, N. 56° 37' 10" E.- 75.0 feet to the point of beginning. Containing 3.1 acres, more or less. Southold Town Board Page -2- It was RESOLVED that the Southold Town Planning Board does not favorably recommend to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the above described property. The Planning Board refused to recommend a change of zone on this property twice before, and the Planning Board sees no reason that would change our assessment of the affect such change would have on ~e area. It is the opinion of the Planning Boar~, that any such change would be detrimental to the area. Respectfully submitted, J6hn Wickham, Chairman Southold Town Planning Board /bd cc: Town Clerk ERK SDUTHOLD, L. I., N. Y. January 11, 1968 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. 11935 Dear [~L~. Wickham; The original petition of Bernard Kaplan relative to change of zone from "A" Residential and Agriculural District to "M" Multiple Residence District on certain property situated in East Marion, New York, is in the files in the office of the Planning Board at Southold, N.Y. You are instructed to prepare an official report defing the conditions described in the petition and determine the area so effected with the recommendation of your Board. AWR/mr Very truly your~ Albert W. ~ichmond Town Clerk FROM: TO: CORWIN & GLICKMAN A~rOR~E¥5 AND COUNSELLORS AT LAW GREENPORT, N.Y'. 1~944 5~6 4?7.0800 Mr. Hoxvard Terry, Bldg. Inspector--] Town Hall L Southold, New York SUBJECT: Kaplan Bros. 11971 J DATE: 1/3/$8 Enclosed, in duplicate, is a petition, for change of zone, together with prints of the survey indicating the change applied for, and our check to yOLlr order for $25. C OR WIN ~&- GLICKMAN ck enclosures (5) 6y CAS NO: '- STATE OF NE%V YORK PETITION TOWN OF SOUTHOLD IN THE bIATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF Tt-I~ TOWN OF SOUTHOLD: 1. I, ...B.~r~ar.d...Kaplar~ ........................... residing at .~lg~oo.d...kl~2...,....Smi.~hg.own, N.Y. (insert name of petitioner) · co-owner Suffolk County, New York, the undersigned, am th$/~ of certain real property situated at Eag.~,.~a~i.on~O~t~..Q.~_~,Ol~O.111nd more pa~icularly bounded and described as follows: northerly by the Main Road, easterly by land of Rutkowski and Shipyard Lane, southerly by Gardiner's Bay, and westerly by lands of King, Yuma Gorporation, and others. This petition concerns part of said premises, as described, by metes and bounds in paragraph 2. 2. 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, including lhe Building Zone Maps heretofore made a part thereof, ~l~Z~.~X fro~ A to M zone, %he following described premises: Beginning at the easterly corner of lot 1, as shown on "Map of Cleaves Point, Section I", filed in the Suffolk County Clerk's Office as map ~2752; from said point of beginning running along the boundary of' the exis~ng "M" Zone, S. 3~° 22' 50" E. - 610 feet more or less, to ordinary high water mark of Gardiners Bay; thence westerly and then Southwesterly along said high water mar~, 330 feet more or ]ess, to land shown as "reserved for beach area" on said "Map of Cleaves Point, Section I"; thence along said lan~, N. 44° 03' 30" lf. - 183 feet more or less; thence along a 15 foot right of way as shown said map, N. 12° 53' 10" E. - 1~1.27 feet; thence along lot 6 as shown on said map, N. 8° 13' 10" E. - 121.02 feet; thence alont lot 5 as shown on said map, N. 8° 22' 40" E. - 124.15'feet; thence along lot 4, as shown on said map, N. 16© 08' 20" W. - ~3~.56 fee~ to the southerly corner of said lot 1; thence along said lot 1, N. 56 37' 10" E. - 75.0 feet to the point of beginning. Containing 3.1 acres, more or less. 3. Such request is made for the following reasons: The premises consist of an area in excess of three acres u::on which is erected a l~rg~e rooming house. They are bounded on the north and west by an existing subdivision, on the east by an "M" zonsd area pre~ent!y use~ for ~note] purooses and on the south by the Bay. Petitioner has for a ]~ng time dealt and been active in rea] estate aevelo~m~nt and sale, but the best efforts to sell this property have been fruitless. In the first olace, the~e is no longer a ready market ~or such a parcel of property. Secondly, the adjacent zonlnE renders the property less desirable, zcned resident~l, than would be the case if it were surrounded by "A" zoning. It is becoming econOmically a hardship to hola and ~mintain the premises. Taey are ideally suited to multiple resilience use. The health, safety, welfare and morals of t;e people of 9outhold Town will not be adversly affected by the proposed ehange~ on the contrary, developments to be expected foIlowing sucB change should be beneficial to the town. ~ STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ......... Bf]~i~ARJ]..EAPLAiq ..................................... BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregomg Petition and knows the con- tents thereof; that the some is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as fo those matters he believes it to be true. Sworn to before me this ..21.s.t,~.~y o~ .Dacember ........... 19.6.? ...... Notary PLib UC.