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HomeMy WebLinkAboutKing, Edwin H. - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Tawn of Southold by ......... ~I~...~....1~9 ........................................... requesting a change, modification and amendment of the Building Zone Ordiaance including the Building Zone Maps made a part thereof by chang- ing from ..~.~,.?...~,.~..~.~.~L~..~..~.. District to ...?.B.'J ..~.~J~,1],~¢~.~ ............ Agr icultural District the property described in said petition, and WHEREAS said Fetition 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 ................. 28th ~,~1'~" of ......~l~cj'~ ..........................., 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. Dated: September 5, 1962. By Owder of the Southold T~wn Board. Albert W. R~chmond T~wn Cl~rk 3 River Road, two courses, as follows: (1) N. 39° 43' 50" W. 183.72 feet; thence (2) N. 21o48' 40" E. - 465.10 feet to the point of beginning. Containin~ about one and one-half acres. "Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. "DATED: August 7, 1962. BY ORDER OF THE SOUTHOLD TOWN BOARD. ALBERT W. RICHMOND, TOWN CLEP~K. SUPERVISOR ALBERTSON: I also have the affidavit from the publisher which I will read next. "COUNTY OF SUFFOLK)ss: STATE OF NEW YORK) Walter B. Galen, being duly sworn, says that he is the ~ditor, of THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, a public newspaper printed in 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 Watchman once each week for one (1) week successively, commencing on the 9th day of August 1962. /s/ Walter B. Gagen. "Sworn to before me notary Public." SUPERVISOR ALBERTSON: this t0th day of August 1962. /s/ Adele Payne, I will now read the recommendation from the Southold Town Planning Board. "Report to Southold Town Board, Greenport, New York, August 7, 1962. Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held August 6, 1962: "In the matter of the petition of Edwin H. King, Orient, New York 4 for a change of zone from "A" Residential and Agricultur~ District to "B" Business District on certain real property situated at Orient, New York, and more particularly bounded and described as follows: "BEGINNING at a point of deflection in the southeasterly line of Narrow River Road where said line is intersected by the boundary line between lan~ of George W. Hallock and land of Edwards and Gillispie; running thence along said boundary line S. 62° 07' E. - 165 feet, more or less,to ordinary high water mark of Hallock's Bay; thence along said ordinary high water mark of Hallock's Bay southwesterly about 350 feet and then southeasterly about 260 feet to a point about 10 feet south- easterly from an old marine railway; W. Hallock; two courses as follows: more or less; thence (2) S. 41° 58' line of Narrow River Road; two courses, as follows: thence along otherland of George (1) S. 35° 43' 00" ~. - 80 feet, 30" W. - 221.79 feet to the easterly thence along said line of Narrow River Road, (1) N. 39° 43' 50" W. - 183.72 feet; thence (2) N. 21° 48' 40" E. - 465.10 feet to the point of beginning. Containing about one and one-half acres. "It was RESOLVED that the Planning Board recommend to the Town Board that this change of zone from "A" Residential and Agricultural District to "B# Business District be denied. "This would be spot zoning and not consistent with the best development of our waterfront. "In our mind the continued operation of this marina without a permit is a flagrant violation of the Zoning Ordinance and should be discontinued. Our entire Board has studied this property and find that there are additional problems involving the Town Trustees and 5 aiso adjoining property owners. "Respectfully submitted, /s/ John Wickham, Town Planning Board." SUPERVISOR ALBERTSON: There are maps to look at them at any time during the hearing or after. read several letters I have received. Southold "August 11, 1962, The/Town Board, 16 South Street, Dear Sirs: I understand that Mr. Ed. a change in zoning around his Marina. be granted as he has done a swell job into such an attractive marina. I sincerely consider asset to our Community and a necessity as a haven for case of severe storms and hurricanes. Yours very truly, Tuthill, Orient, New York." "August 10th 1962, Mr. Street, Greenport, New York, Chairman, Southold in the file if anyone wishes I will now Greenport, L.I. King has filed an application for I hope this proposed change will in converting Orient's old dump this Marina an small craft in /s/ John B. Lester M. Albertson, Supervisor, Dear Mr. Supervisor and the Town the Town of Southold: I notice by the Suffolk Times there is hearing on the application of Mr. Edwin H. in the area of his Marina. I believe Mr. 16 South Board of to be a King for a change of zoning King should be granted this change, I also believe the chan~e Mr. King has made is a great asset to the Community and to m~ farm also our summer visitors. I don't know of anyone except Ed King who would have gone to such an expense for the benefit of our Community. W. Hallock." "Bay Avenue, Orient, Thanking you, I am yours truly, /s/ George N.Y., Aug. 15, 1962, To Dear Mr. Albertson: As~ong time property o~ner and year 'round visitor to Orient, I would like to state my agreement with those who favor the establishment of a small boat marina at Mr. Ed King's site on Hallock's Bay. "Such a facility would fulfill the community's need for conveniBnt, well sheltered docking facility for small boats, and also provide a useful landing ramp for trailered boats ~nich at present must use inferior facilities at considerable distance. /s/ John Nolan, Orient, N.Y." SUPERVISOR ALBERTSON: Is there anyone present who wishes Very truly yours, to speak in favor of the application as stated in the legal ngtice? GEORGE McMANN, Attorney, with offices at 238 Main Street, Greenport, New York: I would like to speak on behalf of Mr. application. Mr. King has made this application for a order to maintain would be changed. King in favor of this change of zone in business, a potato dock, for years on Hallock's Bay. You know what the area was, what it looked like and what it looks like today and for a long stretch in Orient there is a meadow land and the installation Mr. King has put in there does not detract and it is a tremendous improvement. In the last few years the tremendous increase in small boats and outboard motors used by boys all over the Town of Southold has grown considerably. The Town of Southold, village of Greenport and Shelter Island operate under motor boat laws. Each have adopted motor boat ordinances and have the bays patrolled, and it is, for my mind, necessary a dump into a marina and I am sure you all on the Board and people here know what the area was for years adjoining it. It was operated as a and build a marina on the property which the zone You have heard from one letter mentioning converting 7 to provide for facilities for them to be moored and gassed and main- tained and Hallock's Bay is an ideal place, particularly for the people of Orient. I would like to submit at this time a consent signed by residents of Orient and also these photographs (5) of the property as it looks today. I also challenge the determination of the Planning Board which I did not know of until now, that this change of zone they deemed to be spot zoning. I would like to recite one decision. The test to be applied upon the question of whether the Ordinance is valid, in a change from "A" to "B". The public health, safety and general welfare should be considered. The Ordinance must be designed to promote the public health, that the welfare and character of the neighborhood is suitable to the purposes and the affect upon property values. The character of the neighborhood in this instance you are all familiar with. It stretches from this installation, around Brown% Point is solid meadow land. This is suitable for a marina as you can see from the pictures yourself. We feel it changes nothing, but increases the value of the adjoining property. Hallock's dock is in a bad state of repair and we would not like to see the same type of installation in the area. We have a beautiful water of the boats. Thank you. SUPERVISOR ALBERTSON: in favor of this? MARIE REICHART: I own There is practically nothing in this area. front and not enou.Fh facilities to take care Is there anyone else ~%o wishes to speak a ho~se on Narrow River Road in Orient 8 and am a sumner resident. I have 440 feet on Narrow River Road. I believe it is an asset to the community to have this marina. We h~ve a boat and we have to go to Goldsmiths in Southold if we have repairs and we are looking forward to having the marina opened where there will be facilities and a mechanic. SUPERVISOR A3~BERTSON: Anyone else in favor? MR. LARRY TUTHILL; engineer. I would like because there is an undeveloped marina in I am a resident of Greenport and a professional to state that the area may have been miszoned the area used by local scallop men and probably it is the reason why Mr. King made the marina there. The beach was used for a landing point and the adjacent property is used as a marina. MR. DAVID SPOHI~, Orient: I would like to second the motion made before. There would be several advantages for small boats in Orient and this would be a great help. MR. WILLIAM SORENSON, Orient: I am in favor of the marina of Mr. King. It is an unprotected harbor and there is a question of haulin~ the boats out when there is a storm coming up and this would be a great help. SUPERVISOR ALBERTSON: Is there anyone else in favor? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in opposition to this chan~e of zoning? MR. ROBERT W. GILLISPIE, JR., East Marion, N.Y.: I believe I am the one most intimately affected by this change since I thought that someof the property which is in use now belonged to me. Apparently 9 it doesn't. But I think the question of ownership is still in doubt. By speaking in my capacity ~ a member of the Board of Appeals I should point out this is a flagrant violation of the zoning ordinance which was passed in 1957. A marina is a permitted uae in a residential area by a special exception of the Board of Appeals and no permission to construct this marina was ever requested of the Board of Appeals. However, Mr. King on another matter appeared before us and was aware that the perm~ sion was required. My assumption was that he was going to keep his own boats in there but apparently it is now more than that. As a property owner, not speaking from the standpoint of the Board of Appeals, directly opposite to this property I am in a position of having land which might eventually be suitable for residential development handicaped by the possibility of a business zone directly opposite the foot of the property and there are many surrounding farms which are in exactly the same condition. The granting of a business zone on 200 or 300 feet of Narrow River Road eventually brings up the question, if Mr. King can do that, maybe some of the rest of us should apply for a business zone. Is that where this Board wants business to develop? I am in complete agreement for the need for marinas and the policy of the Town Board for the development of waterfront. I think this marina should be confined to what is called a residential marina, in a residential area. The restrictions ~nich the Board of Appeals can impose on the granting of a special exception are quite numerous and I am sure you are familiar with it. You are not allowed to change the character of the neighborhood, property values should be conserved, 10 There is no question that the Town of $outhold needs greatly facilities for small boats. Five percent of the boats in the United States are registered in the County of Suffolk, which means there is a lot of room for this type of growing, but it is high-handed to say the least to presume that after the property has been constructed and of use because of such construction, that the Town Board should be required to grant a change of zone to permit one individual wh~t is denied to every other individual. You are not permitted to run a hotdog stand on your front lawn, nor conduct any other business, no matter how big your front lawn is. This man wants a business in a residential area. It is entirely possible that policy and all other things you might want to make the entire Narrow River Road business, I don't know. I do know that most of the land on the south side is gone, sold, and there is considerable inquiries for land to be held for investment on the North Fork. Mr. King is with us now, but presumably as he has in the past, he could sell this marina if it became profitable and any activity is presently permitted in a business area would then be permitted in a manner that might suit which to the new owner. Mr. King might run it the neighbors, the next proprietor might be given to that as well as spot zoning. not. Consideration should An individual picked a spot he says should be business and that is not normally the procedure. There is no hardship to state that you don't know the law. Hardship in this case is selfcreated and hardship is not a matter which is involved here. He deliberately chose this spot. It would prejudice the surrounding area for building sites for many years to come to have 11 an isolated business zone. The Board of Appeals, if it should come before them, would be quite favorable to consideration of this project as a residential marina and I am sure there would be no prejudice. I am sure I have stated my entire feelings. Under section 902 of the Ordinance I am permitted to offer an objection to the change of zone which requires that the Town Board, in order to pass a change of zone over the objections of surrounding property owners, they must have a 4 out of 5 vote. I have no wish to crucify Mr. King. He has d~ne many favors for me and I believe I have done some for him , but I believe it would deteriorate the area an~ that basically is my o~jection. I object to anyone taking the law into his own hands whoever it is. I think all of us, since we have zoning, are required to adhere to its procedures. Mr. King, I think the Board of Appeals would be reasonable as far as considering a residential marina. However, there are many other people on Narrow River who own property and I am sure you are going to hear from them. SUPERVISOR ALBERTSON: Is there anyone else in opposition? HONORABLE HENRY TASKER, Greenport: I am one of the Trustees of the estate of George L. Edwards and I am here solely in the capacity of Trustee. Mildred Prince is also a trustee. We as two of the three trustees are the owners of the lands of George L. Edwards which lie on the north side of Narrow River Road and a portion of which lands lie on the south side of Narrow River Road. Mrs. Prince is a life tenant of the estate. We have given consideration to this change of zone and the affect that it might have on the 16 odd acres of lan~ 12 which we own on the north side of Narrow River Ro~d, and we have concluded that it would be most harmful to the possible development of those 16 acres of land. We agree with Mr. Gillispie, to his statement to the effect that the consideration of a commercial marina in that area would be harmful and would not be for the general welfare of the community, would not promote s~Dstantial safety and health for any other than the applicant ~nose petition is before you. This application of Mr. King includes, we believe, within the description a property which is the subject of this application, a parcel of land lying in a projection southerly of the west line of the lands of George Edwards and it takes in on Narrow River Road at least 25½ feet of the lan~s of the George E~ards estate which are improperly included in the deed which Mr. King claims title. Worse than that, it includes on the waterfront which we are responsible and can see is more valuable than the up-land for frontage purposes, it takes in at leaRt 80 feet of the lands owned by we trustees and which we have an interest. Theinterest is a 1/3 interest, an undivided 1/3 interest, and possibly an undivided 1/2 interest and maybe all of it. This triangular portion of easterly 80 ft. of land Mr. King claims to The history of a substantial portion, if not all of this particular parcel indicates that it was at one time owned by a family by the name of Terry in Orient. There were a number of them and by will or otherwise title to this property including perhaps all or substantially all of this entire parcel came into the family of George Edwards. We now have reason tobelieve that the estate of Edward Edwards or his 13 successors in title own almost all or at least 1/3 interest in the property opposite, the property of which Mr. Gillispie is now the owner. I am prepared here with another individual who can tell us abo~t the Terry family and the statements are based on information which has come into my possession as well as deeds, maps, and so forth. We say right now that Edwin H. King has no valid title to all of the lands for which he has made an application for a change of zone and for that reason, if for no other reason, the application should be denied. Obviously a person who is not the owner of lan~s cannot by actions bind those people who are the true owners of that property, If Mr. King has secured an undivided interest in the property he is now the owner of all of it. I believe, however, that you need not resort to the technical question of ownership because I think his application should De denied on the merits. Now, I would like to review certain recommendations and the matter of the application. I refer to an event on July 31, 1961 in the nature of an application to the Town Trustees of the Town of Southold, an application for a d~ck permit and it was signed by Mr. Kin~ and it was signed by him and verified by him at a time some three months before the deed for the property to which he claims title was given to him. One question on the application states, "Is this for private or business use?" and on July 31, 1961 Mr. King answers that it was for private use. I~ediately below that there,s an interesting question. The nature of the zoning in the area and the reply to that was a question mark. I do not need to remind the Board that the zoning Ordinance was enacted April 1958 and was in effect for three years and 14 two months before the application was made and it is a matter of record that Mr. King was actively opposing any form of zoning in the Towu of Southold and he even ran for public office on that platform. On the same day there was issued to Mr. King a permit by the Town Trustees to bulkhead property on Hallock's Bay all in accordance with the application submitted. The application submitted was very interest- lng. This is what he sought to proposed work approximately 300 when filled 100 feet, and those which I will now show you. June 27, 1962. An application Trustees, do at that time on the size of the feet on Narr~ River Road and depth figures become important for a reason for a marina, again to the Town for an application for a permit and the name of the owner is listed as Mr. King and the permit is requested by Edwin King and the site of the proposal 465 feet in length which happens to be the length of the property described in the Ged on the road, and from that moment the use was expanded from 300 feet to 465 feet, or 50%. The width has now been expanded from 165 feet in 1961 to 260 feet in 1962, so that Mr. Kin3 seeks a marina from the Town of Southold Trustees 465 feet long and 260 feet deep , and this question is now asked of him, "Is this for private or business use?" Eleven months from July 31, 1961 is that it is Business. So we may draw whatever inference from that. We can say he applied in good faith for a pleasure use in 1961, spent his money and then changed his mind in 1962 that it should business. he knew it all the place If we draw unfavorable inference that in July 1961 time, that he started out in a campaign to put a of buKiness on another persons property, that is different. 15 If you will which I think is by Otto W. Van Tuyl, and through that application look at the map of this particular property here land surveyed for Edwin H. King on November 10, 1961 if you will look at that map yo~ will see that to the Town Trustees Mr. King has run his easterly line the full length of the upland 100 ft. out into the waters of the Town of Southold and seeks now to utilize not only someone elses property, but that of the people of the Town of Southold and for the full length of approximately 315 feet of that he seeks to gain for himself at the hands of the Board the right to use property which the Town Trustees and the Town Board are required to protect for the best interests of the Town of Southold. We now go to August 1961. When on the 21st of August 1961 an application was made by Mr. King for a building permit - Application No. 1523 - I think that that file is t~fore you. Question 2. b. asks the intended use and occupancy and the answer, he wishes to build a "boat house and workshop for my own personal use and marina." The old building to be moved on the property is to be used as a garage and workshop for my own personal use. Question 11 "Zone or use district in which premises are situated," are left blank. "Does proposed construction violate any zoning law, orginance or regulation," - leftblank, or unanswered. I can't conceive this operation was entered into by anyone with his eyes closed. After this application a building permit 1523Z was issued and this is to the extent building was ~ranted: "To erect and maintain a private boathouse," pursuant to the application. So that in 1961all there was was the permission to maintain a private boathouse. 16 On December 9th a certificate of occupancy was issued - Zl191. The certificate of occupancy said the occupancy for which this certificate is issued is a"pr±vate boat house and storage building." So that as far as the Building Department of this Town, he has either changed his mind since he started or played fast and loose with the Board of this Town to grant something that is spot zoning. After Mr. Kin~ was notified May 1962 and by letters on several other occasions, then Mr. King made this application for a change of zone and I say that the good faith or sincerity of purpose with which this operation was started back to June 1951 indicates nothing but an effort to create a commercial marina in a residential area by spot zoning. You know what the Planning Board said of this. What has happened - Mr. King has increased the size of his land by perhaps 1/2 to 3/4of an acre on Town property. He is using or occupying or claims title to lands he does not own. He operated without a building permit, exceeded authority of the Town Trustees, disregarded in every way the Zoning Ordinance - in fact he has indicated he does not believe there is a Zoning Ordinance in this Town and I say that now is the time and this is the place where an application of this nature made in bad faith without any substantial merit or reason behind it except the purpose of one individual. Now is the time this Board should turn the applicant down on the merits. SUPERVISOR ALBERTSON: Is there anyone else in opposition? JUDGE TASKER: I would like to ask Mrs. Prince now if she is one o f the Trustees of the George Edwards Estate? 17 MRS. PRINCE: JUDGE TASKER: what I have said? MRS. PRINCE: I do. Yes, I am. And you are here in that capacity an~ concur with for your property I do not know. SUPERVISOR ALBERTSON: Anyone MR. McMANN: I question these else? so-called flagrant violations. I assume from the picture that Mr. King has a marina already established. The definition of a marina in the Zoning Ordinance is: "Any premises containing one or more piers, wharves, docks, bulkheads, buildings, slips, basins or land under water designed, used or intended to be used primarily for the docking, mooring or accommodation of boats for MR. PERCY DOUGLASS, Orient: I agree with what Ju~e Tasker has said. Mr. King a~its that he has his parking field and several feet of his marina on Mrs. Prince's land. SUPERVISOR ALBERTSON: Is there anyone else here in opposition? (There was no response.) MR. EDWARD LATHAM, Orient: I own all of the property across the creek from Mr. King. I have thought right from the start that anything that is good for Hallock% Bay is goo~ for me as a land owner. But one thing I do want to have clarified. Would this change of zone on Mr. King's property affect my property on the other side of the creek? If that is zoned commercial would that affect my property on the other side? SUPERVISOR ALBERTSON: According to the application your prol~rty would not be changed. But whether it would be a good or bad thing 18 compensation, whether compensation is paid directly or indirectly," and Mr. ~ing has informed me that he has never received 10¢ from this operation and there is no such thing that there can't be a free marina. MR. GILLISPIE: There is distinct difference between commercial and resident~l. Residential is occupants of the area and under quite a few restrictions which d9 not apply for a business zone. A marina in a business zone is a permitted use. A marina in a residential zone is a permitted use providing the Board of Appeals in the case of this Ordinance specifically grants the right to conduct that marina an~ the differenc~as I understand them are considerable Marinas in a business zone would have restaurants, outboard motor sales, hardware stores and so forth. Marinas in a residential area would be conducted with restrictions and uses customarily incidental to that type of operation. This has been going on for 15 or 20 years and there is quite a body of evidence which defines the difference. Mr. King would bepermitted to sell gas on a residential marina but he would not be pe_rmitted to display advertising for commercial fishing. It may not occur to you but there are several residential marinas that I can think of where people who line the waterway coming into the marina are considerably upset and considerable objection is given to the use by people who are not addicted to the water. If it is zoned business he can conduct a marina with permitted uses in the business area and if Mr. SUPERVISOR ALgERTSON: heard? (There was no response.) King sold it it could become a business area. Is there anyone else who wishes to be 19 SUPERVISOR ALBERT$ON: Is there anyone at all? That is what the hearing is for. (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will close the hearing at this time for the further deliberatioa of the Board. August 28, 1962 Town Board Town of Southold Soutbold, N.Y. Dear Sirs: I am fhe owner of more than 20% of land directly opposite lands purportedly owned by Edwin H. King and which are the subjec[ o~ a proceeding for a change of zone. ivey lands exlend more than 100 feet from the s[reet frontage thereof. Pursuant fo ~902 of the Building Zone Ordinance of the Town oF Southold, I hereby pro[est against a change of zone from A Residential - Agricultural to B Business District of the lands which are the subject of an application for such change made by Edwin H. King_ Yours very truly, W. GilHspic~, ~.J~ August llth 1962 The Southold Town Boar~ 16 South Street Greenport, L.I. Dear Sirs: I understand that Mr. Ed King has filed an application for a change in zoning around his Marina. I hope this proposed change will be granted as he has done a swell Job in converting Orient's old dump into such an attractive Marina. I sincerely consider this Marina an asset to our Community and a necessity as a haven for small craft in case of severe storms and hurricanes. Yours very truly, John P~ Tuthill 'Orient, New York August 10th 1962 Mr. Lester M. Albertson, Supervisor 16 South Street, Greenport, New York Dear Mr. Supervisor and the T~ Board of the Town of Southold: I notice by the Suffolk Times there is to be a hearing on the application of Mr. Edwin H. King for a change of zoning in the area of his Marina. I believe Mr. King should be granted this change, I also believe the change Mr. King has made is a great asset to the Come,unity and to my farm also our Sl~mmer visitors. I don't know of anyone except Ed King who would have gone to such an expense for the benefit of our Community. Thanking you, I mm Yours truly, i - . - J I , t · ,. .... r. . I Mr. Lester M.Albertson, Supervisor of Town of Southold and the Town Board: WE, the undersigned approve of the change i n zon i ng on Narrow R i ver Road i n the area of Edwin H,King's Marina. We believe this to be a great improvement and an asset to our Oommun i ty for the benef it of all, and hope your Board will grant this rom "A" Res ident ia I and i ct to "B" Bus i ness District. chang Agric e in zoning f ultural Distr . , /~' L~- Mr. Lester M. Albertson, Supervisor Town of Southold and the Town Board: property owners in the vicinity of King's Marina, WE,the undersigned/approve of the change in ~oning on Narrow River Road in the area of Edwin B. King's Marina. We believe this to be a great improvement and an asset to our Community for the benefit of all, and hope your Board will grant this change in zoning from "A" Residential and Agricultural District to "B'~ Business District. LEGAL NOTICE Law and Article IX of the Building Zone Ordinance of the Town of South- old. Suffolk Coul~ty, New York, public hearings will be held by the Southold August, 1962, at 7:30 o'clock in the eve- ning of said day, on the following pro- dinance lincludlng the Building Zone iV~ap'~ of the Town of Southold, Suf- folk County. New York. 1. By changing from "A" Hesidential and Agricultural District to 'B" Busi- property: All that certain tract or parcel bot~nded and described a~ followa: ter~ected by the boundary line be- tween land o! ~eorge W. Hallock and land cd Edwarch and Olllespie; rotating thence along ~aid boundary less, to ordinary high wa~er m~rk ordinary hiiIh wstef mark of Hal- lock's l~ay ~outhwe~terly about 3~0 feet and then southeazterly about COUNTY Of SUFFOLK ~ STATE OF NEW YORK} Walter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA~I-ITUCK WATCHMAN, a punic 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 Zraveler-Mattituck Watch- man once each week for ---.~!~-~-~-.C .... ~>; ..... weeks successively, commencing on the .......... ~....<f~![ ............. day of ..... Sworn to before me this ....................... day of ......-- ........ r / / '/,i~': ../"~ ,/" -- ........ .f, ..................... LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to .Section 265 of the Town Law and Article /Df of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York. public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South S~reet, Grsenport, New York, in said town on the 28th day of August, 1962. 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. District to property: By changing from "A" Residential and Agricultural "B" Business District the following described Ail that certain tract or parcel of land situated at Orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point of deflection~ the southeasterly line of Narrow River Road where said line is intersected by the boundary line between land of George W. Hallock and land of Edwards and Glllespie~ running thence along said boundary line S. 62° 07' E. - 165 feet, more or less, to ordinary high water mark of Hallock's Bay; thence along said ordinary high water mark of Hallock's Bay southwesterly about 350 feet and then southeasterly about 260 feet to a point about 10 feet southeasterly from an old marine Page 2 - Legal Notice railway; thence along other land of George W. Hallock, two courses, as follows= (1) S. 35° 43' 90" W. - 80 feet, more or less; thence (2) S. 41: 58' 30" W. - should appear at the time and place DATED: August 7, 1962. 221.79 feet to the easterly line of Narrow River Road; thence along said line of Narrow River Road, two courses, as follows: 183.72 feet; thence (2) N. to the point of beginning. one-half acres. Any person desiring to be heard on the proposed amendment above specified. (1) N. 39° 43' 50~ W. 21°48'40" E. - 465.10 feet Containing about one and BY ORDER OF THE SOUl,OLD TOWN BOARD. ALBERT W. RICHMOND, TOWN CLERK. PLEASE PUBLISH ONCE, AUGUST 9, 1962, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION IMMEDIATELY TO TH~ TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 8, 1962: The Long Island Traveler-Mattituck Watchman Edwin H. King George A. McMann, Jr., Esq. Southold Town Planning Board SDUTHOLD, L. I., N.Y. PLANNINC~ BOARD MEMBERS Report to: Southold Town Board Greenport, New York August 7, 1962 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held August 6, 1962: In the matter of the petition of Edwin H. King, Orient, New York for a change of zone from "A" Residential and agricultural District to "B" Business District on certain real property situated at Orient, New Yo~k, and more particularly bounded and described as follows: BEGINNING at a point of deflection in the southeasterly line of Narrow River Road where said line is intersected by the boundary line between land of George W. Hallock and land of Edwards and Gillespie; running thence along said boundary line S. 62° 07' E. - 165 feet, more or less, to ordinary high water mark of Hallock's Bay; thence along said ordinary high water mark of Hallock's Bay southwesterly about 350 feet and then southeasterly about 260 feet to a point about 10 feet southeasterly from an old marine railway; thence along other land of George W. Hallock; two courses, as follows: (1) S. 35° 43' 00" W. - 80 feet, mo~e or less; thence (2) S. 41° 58' 30" W. - 221.79 feet to the easterly line of Narrow River Road: thence along said line of Narrow River Road, two courses, as follows: (1) N.39° 43' 50" W. - 183.72 feet; thence (2) N.21° 48' 40" E. - 465.10 feet to the point of beginning. Containing about one and one-half acres. Page ~2 - Report to Southold Town Board It was P~ESOLVED that the Planning Board reco~nend to the Town Board that this change of zone from "A" Residential and Agricultural District to "B" Business Di3trict be denied. This would be spot zoning and not consistent with the best development of our waterfront. In our mind the continued operation of this marina without a permit is a flagrant violation of the Zoning Ordinance and should be discontinued. Our entire Board has studied this property and find that there are additional problems involving the Town Trustees and also adjoining property owners. Respectfully submitted, JohnWickham, Chairman Southold Town Planning Board SFIUTHOLD, L. I., N. Y. June 27, 19~2 1~'. John Wickham Chairman Planning Board Cutchogue, L.I. Dear Mr. Wickham; The original petition of Edward King relative to change of zone of certain property situated in Orient, New York, from "A" Resident- ial and Agricultural District to 'B" Business District, is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. AWR/~r Albe~t W. Richmond ToWn Clerk CAS r o: ....? ......... STATE OF i~EW YORK TO~VN OF SOUTItOLD IN TItF_ MATTER OF THE PETITION OF FOR A CltANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION TO THE TOWN BOARD OF TI-l~ TOWN OF SOUTHOLD: (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at .... ~'.~.~.~.,..[~!~.?[...}~0~.k.: ............. and more particularly bounded and described as follows: £~£GIl'.~I~iG at a p,~,int of deflectio~ i: the southees*erly line of Narrow 7'.iver F, oad where said line is intersected by the boundary line between land of George U. Halleck and land of Edwards and Gillespie; running Zhence along said boundary line S. 62° 07' E. 16% feet~ more ,,r less~ to ordi:qary high ~,mter marl.', of Halleck's Bay; thence alor~g said ordinary high water mark of Halleck's Bay so~ thwesterly about 3~0 feet and then southeasterly a~ent 260 feet ~o a point about 10 feet southeasterly from an old marine railway; thence along ~,ther land of George ?~. Hallock~ two co~/rses ~ as follows: (1) S. 35° ~3' 00" ~r. - 80 f'.et~ more or less; thence (2) S. 41° 5~8' 30" !7. - 221.79 feet to the easterly l~ne of Narrow River Road~ thence along said li ~e ,-,f Narrow i.iver Read~ two c,-~urses~ as follows: (1) ~;. 39° 43' ~0" W. - 183.72 feet~ 5hence (2) N. 21© 48' 40" E. - 46~.10 feet to the n'3int of beginning. Co[ taii~ing about one and one-half acres. 2. I do hereby petition the Town Board of the 'rown 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, as follows: To cha~,ge the above described premises from "~" Residential 4gricultural Dfstrict to "B" B,~si~!ess Eistrict. 3. Such request is made for the following reasons: Petitioner wishes to use the above described premises as a beat basin and marina. In addition to The facilities usually incidental to a marina: the petitioner wishes to provide light restaurant facilities such as hamburgers~ frankfurters~ soda: etc. The described preraises are not close to any residences: and the conduct of the above facilities would not he harmful to any ad- joining properties. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ................... ~)(i~.~!'J...~.,...~'~.!'!.~ ............................. 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 (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and behef, and that as to those matters he believes it tn be true. Sworn to before me this ,~-~... day of .........,~13~..~ .............. 19...5~ Notary Public. G~ORGE A. McMANN, JR. NOTAF, Y PUBLIC. State et rqe,~, York 0~¢~~o i' ,? I.I / / / / ~DWIN H. OltlE NT, N.¥, KING 5u~,~'v~o NOv. lo, .~,~ , :... SCALE : I00'= I" '1 1 June ~3, 1962 Mr George McM~nn Jr, Attorney Main gtreet Greenport, L._~. Dear Sir; Mr. Edwin King, Orient, N.Y., has told me that you are going to file an application for him for his marina, Narrow River Ro~.d, Oriemt. I have warned him that he is now in violation in this operation and must file immediately. I think that it would be wise to thoroughly discuss this with him as there are two alternatives open to him. One would be a change of zone from "A" district to "B" district which woul,~ Dermit a commercial marina with sale of fuels, sr~ack bar otc signs a.s permitted in "BBdist etc. ~he other and quicker method would be to file for a marina for private boats in the "A" district as an exception through the Board of Appeals- Art III, section 300~ sub. 3A. Thank you for yo~r cooperation in this matter. Your z truly Building Inspector