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HomeMy WebLinkAboutLatham, Irving C. - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by I~[(~ Oo L~I~AM requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from .~.'~...~.~.~..,~'...~tlt~.~... District to..~'..~..~...][ll~.l~.~.~l~ ........ 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 ..... ~.....day of ......... ~ .............. 195.~, and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is PUBLIC HE APING TOWN BOARD TOWN OF SOUTHOLD Greenport, N. Y. November 10, 1958. Present: NORMAN E. KLIPP, Supervisor HENRY A. CLARK, Justice of the Peace L. DEMAREST, Justice of the Peace RALPH TUTHILL, Justice of the Peace LESTER ALBERTSON, Councilman ROBERT TASKER, ESQ., Town Attorney RALPH P. BOOTH, Town Clerk. APPLICATION OF IRVING LATHAM 2 SUPERVISOR KLIPP: The request is made for the following reasons: this property is now a non-conforming use in an "A" District, and as such the use permitted is very restricted. I wish to have the property zoned "C" Industrial so that operations similar to what is being done at my plant in East ~arion can be done at this property. This application is being made in line with the Planning Board's survey of such sand, gravel and fill pits survey. This is signed by Irving C. Latham. At this time I read to you the report of the Southold Town Planning Board: Gentlemen: This is to certify that the following action Has taken by the Southold Town Planning Board on August 19, 1958: In the matter of the Petition of Irving Lath~m, residing at Orient, N. Y. for a change of zone from "A" Residential and Agricultural District to "C'1 Industrial District certain real property situated on Sound Avenuej Southold, N. Y. more particularly bounded and described as follows: to the north by the Town of Southold and 0striski -- on the east by Charnews & Morris -- and on the south by Hodgins Estate -- on the west by C~se and George Smith & Sons and the Town of Southold, more particularly described on the attached map. It was the determination of the Planning Board to recommend to the Town Board that the change from "A" to "C" be granted; however, it is the determination of the Board that the petition be. held up until a more accurate description of the property involved be included in the petition. This is signed by John Wickham, Chairman, Southold Town Planning Board. Is there any person who wishes to be heard in favor of the granting of the petition? (There was no response.) SUPERVISOR KLIPP: Hearing none, is there any person in opposition to the granting of the petition? ~IR. HICH: The same objection applies to this as to the other cases. SUPERVISOR KLIPP: Is there any person who wishes to be heard on this matter either in opposition to or in favor of? (There was no response.) SUPERVISOR KLIPP: Hearing none I will close the hearing at this time for the further deliberation of the Board. Let the record indicate that Mr. Latham wishes to speak. MR. LATHAM: Mr. Supervisor, sir, the request has been made for this property which is in operation. We requested this because we hope to be able at some time to have this operation possibly the same as our other one. We have endeavored in our operation not to Jeopardlse the interest of any of our neighbors or devalue any of the adjoining property. We have always tried to carry on our business in a quiet and orderly manner, and we would like to have the privilege of being able to put a building, etc. on this property if we saw fit, or an installation that in no way would be detrimental to the adjoining property as we also have other property. I think in your ordinance there _ . ~bJectionable~ are certain re~ulations which res~rzc~ ^ uses o~ property, that if they do become industrial,and I think therefore, as near as I can understand that, most of the opposition these people have brought up is practically taken care of in your laws of the Zonin~ Ordinance, if I make myself clear. SUPERVISOR KLIPP: Let the record indicate that Mr. Gagen is speaking after the hearing was closed. MR. GAGEN: I am -~re that you all know Mr. Latham's property, and he ie putting his petition in and asking for a rezoning on a good, sound basis. I still insist that whether it is the Smith Bros., Mr. Lathmm, or Mr. Petrucci, you cannot limit the sale of that. If it is sold tomorrow and h e day after it is rezoned, you can't control it after that. I am sure that Mr. Latham and Mr. Smith would not in good faith, but you can't control the sale of it. (On motion of Mr. Clark, seconded by Mr. T~thill, and unanimously carried, the application of Irving Latham to amend the Zonln~ Ordinance, was denied. Ail voted "aye." CASE NO: ....~/~.~.. ............ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OFf ~vi~ Lathu FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: .,.~,~.:Lllg..,~B~II~ .............................. , residing at ....... l~a:Vu.,Road.~...O~t~.e~.~ .......... (insert name o~ petitioner) Suffolk County, New York, the undersigned, om the owner of certain real property situated at Smu~.d.,~law..~vm~.,So~tho:D:l .......... and more particularly bounded and described os follows: Oen~raly~ounded on the northly To~m cf Southold and Ostrtsk~, · n the East By By Cha~ns~s & ~orrls, On the South By ~odgens estate, ent the west by Case & G®~ Sm[th and sons & p&rticu~rl¥ described on the attached map 2. I do hereby petition the Town Board of the Town of Southold to change, modify end amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore mode a part thereof, as follows: J~' eJl~.ll.g:[ll~ frol~ "A" reslde~t~a~ a~d a~rlcu~tura~ dlstr~ct ~ "C" tndust~l~ dl~trlct CASE NO: ........................ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MA]-I'ER OF THE PETITION OF Amended PETITION Irving C- Latham FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, .P.:'.I.~M.k.qg...C..:...~.C,~.IA~:~"A ...................... , residing at ...lY[~.i..~....R..9.&.d..,..Q~if?~.~ ..................... (insert nome of petitioner) Suffo!k County, New York, the undersigned, am the owner of certain real property situated at ........ $.Qk~-.~...~.if~..w...+~,~f~ ...... ~.qtg.t.~g)~ ..... and more particularly bounded and described as follows: Description: Consisting of two parcels on a 50foot right of way running southeasterly from Sound View Avenue at a point 1400 feet ~'outhwesterly from Kenney's Road. First l~arcel: contains Z.3 acres and begins on the northeasterly line of said 50 foot right of way 300 feet southeasterly from Sound View Avenue and runs thence northeasterly parallel to Sound 1View Avenue 195 feet; thence ~outheasterly along land of John Charnews 585 feet; thence southwesterly along Long Island Lighting Company easement 170 feet; thence northwesterly along said right of way 1080 feet to the pointof beginning dimensions and area being approximate. Second I~arcel: Contains 5 acres and begins on the southwesterly line of said right of way at the northwesterly line of Long Island Lighting Company easement and 830 feet fronu Sound Vie~, Avenue and runs thence northeasterly along said right of way Z45 feet; thence northeasterly across said right of way 50 feet; thence southeasterly along the northwesterly line of said right of way 360 feet', thence southwesterly 220 feet; thence north~vesterly along land of Hodgins 360 feet; thence southwesterly along land of Hodgins 370 feet; thence northwesterly along land of Case and land of G.W.Smith & Sons 300 feet; thence northeasterly along the northwesterly line of said Long Island Lighting Company easement 497 feet to the point of beginning, dimensions and area being approximate only. 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 the Building Zone Maps heretofore made a part thereof, as follows: By changing from "A" residential and agricultural district to "C" industrial district. 3. Such request is made for the following reasons: This property is now a non-conforming use in an "A" district and as such the use permitted is very restricted. I wish to have the property zoned "C" industrial so that operations similar to what is being done at my plant in l~ast Marion can be done at this property. This application is being made in line wl. th the Planning Board's survey of such sand, gravel and fill pits survey. (L. S. f ...... STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ..... .l:K.~Dg.~.,..~i~!b.a..r~ ...................................... , 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 con- tents thereof; that the same is true to his ~bex) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S.) ......... Sworn to before ms this ............ day of - " ' 19 ........... EDNA R- ANGELI~ Notary Public.