HomeMy WebLinkAboutMaidstone Development, Inc. EDWARD J. BA~LKE
5 Revile Road
Bayville, N.Y. 11709
November 29, 1979
Southold Town Board
Town Hall
Main Road
Southold, N.Y. 11971
Re: Maidstone Development, Inc.
Petition for change of zone
Gentlemen:
I am the owner of 5.2 acres of real property located on the
North side of Middle Road, Greenpert, New York which is under
contract of sale to Maidstone Development, Inc.
I consent to the application of Maidstone Development, Inc.
for a change of Zone~ A Residential and Agricultural to M-1 Multiple
Residence District. I authorize Maidstone Development, Inc. to
proceed with its application for the change of zone.
Sincerely yours,
Edward J. Bahlke
EJB :ab
TOWN OF SOUTHOLD
SHORT ENVIRON~LENTAL ASSESSMENT FORM
~o the orojec~. ~ita o~ .°h~sicallv. al:e-_
=hah ~0 acr~s of land? .......... Yes X
2. W~i ~here be a ~jor chan~e ~o ant '~i~u~ or
-.-~ ..... ~ ....~ ..... --~ ,,~ . . / .... ~. ~.~.',z~c, /. ~.~ ~ -' /~,"
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lyinq and
being near Greenport, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a monument on the northerly line of the North Road
at the southwesterly corner of land, now or formerly of Parlamis,
formerly of Marston, being the southeasterly corner of the premises
herein described; from said point of beginning running along said
northerly line of the North Road South 53 degrees 24 minutes 30 seconds
West a distance of 255.26 feet; running thence along land now or formerly
of Crystal on a line parallel to and 250 feet westerly from the westerly
line of said land of Parlamis North 24 degrees 56 minutes 30 seconds
West a distance of 852.29 feet to ordinary high water mark of Long Island
Sound; running thence along said high water mark of Long Island Sound
North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet
to said land of Parlamis; thence along said land of Parlamis South 24
degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point
or place of beginning, said premises containing 5.207 acres according to
survey of Otto W. Van Tuyl & Son, dated October 31, 1961.
P~serving to the party of the first part, her heirs, legal
representatives and assigns the right to the use of the pond on the
premises and to drain the pond completely, or to leave the pond in its
present condition, providing nevertheless, that if the westerly line of
the premises herein conveyed cuts through any part of the pond, the party
of the second part, his heirs, legal representatives and assigns, may
at his discretion, fill in such part of the pond as may lie within his
property line.
RECEIVED
! i9 '9
CASF I'-.TO: ~:~.'~ .............
STATE OF NE~Ar YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF
FOR A CHANGE, MODIFICATION OR AMENDMEiYT OF THE BUILDING ZONE ORDIN-
ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
a domestic corporation with principal offices
1. I, .~t.I.~.~.~.O.~...~~.. ~.~., ......... ~1%~ at .~.?.~..~.~.~c..~.~...~.: ...P.~.r.~. ~efferson
Station, New York 11776
(insert name of petitioner) contract vendee
Suffolk County, New York, the undersigned, am the ~ of certain real property situated at
Greenport, Town of Southold and more particularly bounded and described as
See Schedule A attached hereto.
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 ~he Building Zone Maps heretofore made a par[ thereof, as follows:
To change the zoning classification of the above premises
from: "A" Agricultural and Residential
to: "M-i" General Multiple Residence District.
3. Such request is made for the following reasons:
The property, because of its size and location, is well suited to multiple
residence use. It is located in an area containing several parcels zoned M-1
Multiple Residence, and B Light Business. Therefore, the rezoning would conform
to the general character of the neighborhood. The property is situated on
Long Island Sound on a major East-West road near the Village of Greenport, and
is secluded from neighboring properties by its dense vegetation. Applicant
plans to erect eight 3-unit condominiums.
MATDSTONE DEVELOPMENT, INC.
(L.
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
Joseph C. Martirano
............................................... BEING DULY SWORN, deposes and says that
the President of
he i~the petitioner in the within action; that lie has read the foregoing Petition and knows
the contents thereof; that the same is true to his (her) 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.
MAIDSTONE DEVELOPMENT, INC.
(L. S.) ......... : ...........
Sworn to before me ~
Abigail~. Wickham Notary Public.
Notary Public, State of New Yo~
No. 52-4642871
Qualified in Suffolk Count~
Ielffi IF.,X~r~ls March. 30. 19 ~1 ,
WHEREAS, a petition was heretofore filed with the Town Board of the
Town of $outhold by ...... ~.~?.~.o..~...?.~.v.~.~l.~.~.? ...~.~.(~.. ...............
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
"A" Residential and "~,~-1" General
lng from ....J~g~V.i.q,~J;.g~7.?:~ ........... District to Mul.t.i.l~le...P, esi.de.n~.e
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 ..~J~h ........... day
of ............... I~l~ .......................... , 19~9...., 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: June 10, 1980
JUDITH T. TERRY
TOWN CLERK
TOWN OF SOUTHOLD
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APl .CATION #244-~fAIDSTONE DEV OPMENT CORP.
A public hearing was held by the Southold Town Board at the
Southold Town Hall, Main Road, Southold, New York at 8:15 o'clock
P.M., Tuesday, on Mai' 6, 1980 in the matter of the application of
Maidstone Development, Inc.for change of zone from "A" Residential
and Agricultural to "M-i" General Multiple Residence District on
property located at North Road, Greenport, New York.
Present were:
Supervisor William R. Pell III
Councilman ttenry iV. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman George R. Sullivan
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL opened the hearing at 8:15 P.M.
COUNCILMAN MURDOCK read the legal notice of hearing as follows:
PURSUANT to Section 265 of the Town Law and requirements of
Chapter 100 of the Code of the Town of Southold, Suffolk County,
New York, public hearings will be held by the Town Board of the
Town of Southold at the Southold Town Hall, Main Road, Southold,
New York on the 6th day of May, 1980, on the following proposal
to amend the Building Zone Ordinance (including the Building
Zone lIaps) of the Town of Southold, Suffolk County, New York.
8:15 o'clock P.M. By changing from "A" Residential and
Agricultural District to "M-I" General Multiple Residence
District the property of Maids,one Development, Inc., situated
near Greenport, in the Town of Southold, Suffolk County, New
York, bounded and described as follows:
BEGINNING at a monument on the northerly line of the
North Road at the southwesterly corner of land, now or formerly
of Parlamis, formerly of Marston, being the southeasterly
corner of the premises herein described; from said point of
beginning running along said northerly line of the North Road
South 53 degrees 24 minutes 30 seconds West a distance of
255.56 feet: running thence along land now or formerly of
Crystal on a line parallel to and 250 feet westerly from the
westerly line of said land of Parlamis North 24 degrees 56
minutes 30 seconds West a distance of 852.20 feet to ordinary
high water mark of Long Island Sound; running thence along said
high water mark of Long Island Sound North 32 degrees 09
minutes 30 seconds East a distance of 297.75 feet to said land
of Parlamis; thence along said land of Parlam]s South 24
degrees 56 minutes 30 seconds East a distance of 962.47 feet
to the point or place of beginning, said premises containing
5.207 acres according to survey of Otto W_ Van Tuyl a Son. dated
October 31, 1961. I also have a letter from the Southold Town
Planning Board, dated March 3, 1980 which reads as follows:
The following action was taken bi' the Southold Town Planning
Board at a regular meeting held February 25, 1980_ RESOLVED
to recon~end to the Southold Town Board denial of the application
(2)
PUBLIC REARING May 6, 1980
CHANGE OF ZONE AP~ ~CATION #244-MAIDSTONE DEX OPMENT CORP.
of Maidstone Development, Inc. for a change of zone from "A" Resi-
dential and Agricultural to "M-i" General Multiple Residence for
property located at Greenport for the following reasons: 1. The
Board considers this would be spot zoning. 2. It would set a
precedent inthe area for further downzoning of property. /s/
Henry E. Raynor, Jr., Chairman, Southold Town Planning Board.
I also have a letter fromthe Suffolk County Department of Planning
dated April 3, 1980 which reads as follows: "Pursuant to the
requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the Suffolk County Planning Commission on April 2, 1980 reviewed the
above captioned application and after due study and deliberation
Resolved to disapprove it because of the following: 1. It is in-
consistent with the Town of Southold Development Plan which desi-
gnates this area for agricultural-single family residence develop-
ment; 2. It is inconsistent with the pattern of zoning in the
surrounding area and therefore must be considered as "spot zoning";
3. It would tend to establish a precedent for further downzonings
in the locale along Middle Road (C.R. 27); and 4. There appears
to be ample land available for multi-residence purposes in the
surrounding area_ /s/ Gerald G. Newman, Chief Planner, Suffolk
County Department of Planning.
SUPERVISOR PELL: The question is now, does anyone wish to speak
in favor of the applicant?
ABIGAIL A_ WICKRAM, ESQ.: Yes, Abigail Wickham for the applicant.
I have prepared a color coded map that I would like to put up, with
your permission, for the Boards' review. And I also, if I may have
your permission, I have prepared a duplicate of that map, if I could
tape it up here so the audience can see what it is that we are ~alking
about. Now, I'd like to start by describing the project to you. This
is the location of the property shown here in green along the North
Road in Mattituck. I have shown other multiple residence zones in the
Town of Southold in blue, business areas in red, the gray are the roads.
These yellow areas are merely to show the municipally owned property
that the Village of Greenport owns property outside the village limits
and the County of Suffolk ......
COUNCILIIAN DRUM: You're talking about Greenport? The green you
said was in Mattituck.
MS. WICKHAM: I'm sorry, Greenport, yes~ The purpose of the
application is to rezone the property from "A" Residential to "M-i"
General Residence, Multiple Residence. The primary object of the
change of zone would be to erect condominiums. They indicated in the
application, my client wishes to erect twenty-four (24) units on the
property_ This is less than the maximum permitted in a multiple
residence area. The maximum being approximately twenty-nine (29),
there being 5.24 acres of property. We did originally intend to
erect eight (B) three (3) unit buildings. My client is considering
a change in that lay-out in order to further maximize open space
and perhaps cluster the buildings. Now, as to the location of property,
it's about 2_5 miles from downtown Greenport. It is also in the
immediate vicinity of a number of business zones and a number of o~her
multiple residence zones. We feel that in light of these considerations,
it does in fact comply with the considerations expressed by the Town of
Southold in adopting their comprehensive plan, In relation to garden
apartments in a tax based development which this would qualify as, the
PUBLIC HEARING (3) May 6, 1980
CHANGE OF ZONE APt CATION # 244-MAIDSTONE DE ~OPMENT, INC.
plan is recommending consideration of a medium density residential
residence uses on various sites, which would be strictly controlled
by zoning regulations. The areas which were pointed out in the
comprehensive plan as being suitable for multiple residences were
those in the immediate vicinity of retail shopping, service and
general commercial areas and I think that you can see from here
that there are a number of areas, the Village of Greenport does
not show on this map, but the other business areas do show. It
is also located on a major east-west route - Middle Road (C.R.27)
The plan does not say it has to be in the immediate vicinity of an
actual municipality such as Greenport or Southold. I think it
refers more to being in general commercial areas which I believe we
are_ I would like to mention some of the other multiple residence
areas. This is not a unique usuage for this area. We have a
number of condominiums stretching further this way along the North
Road, the Soundview, Levin properties, also some commerical uses
also some multiple residences recently rezoned coming up here all
the way to the Sunset Motel. Over here we have the San Simeon
project which I understand is going to be underway in the somewhat
near future. While that is vacant land that is available for
multiple residence that is limited according to the testimony
given to the Town Board on the application to senior citizens
defined as being 62 years of age or older, so it is not generally
available for multiple residence withoul 1,mitation as to the age
of residents. In addition, there is a parcel here of approximately
17 acres owned by people by the name of Smith. That was rezoned in
the late 50's and the intention at that time was to put up a motel.
I should point out that this small strip of blue, while it is not
shown on the current zoning map as multiple residence, it was rezoned
and shows in the town records as being multiple residence, not
necessarily for purposes of multiple residences but for access to
the water. I think, for this property here. The general jist of that
application, and I think the more suitable use of that property is
for a motel type use. Down here, there is another area of multiple
residence which is owned by the KOA Eastern Kampgrounds and that
has been developed for campground usuage. The area here which we are
proposing is i~ the immediate vicinity of these other areas, it
would be used for, as I indicated multiple residences residential
uses - condominiums, not motel hotel establishments. Now, the reason
for that is there have been a number of discussions with one of the
neighbors, Mr. Crystal. through his attorney. Mr. Crystal. as I
understand it, did not object to the rezoning, but only to the
possibility that the rezoning might result in a commerical establish-
ment and we have agreed and have offered covenants to put on the
property which would preclude its' use as a motel hotel commercial
development because we do intend to proceed with the condominiums
usage. I think the willingness of my client to agree to covenants
does indicate that he does intend to go ahead and develop the property
right now. not just let it remain idle for future speculations. If
he intended to do that he would not be putting such a restriction on
it because it would harm his resale future values. The other factor
I would like to address is one of need for the un,ts. There are a
couple of units being erected now down here on the Sound that have
been very well received in terms of market desirability_ My client
and I have both received a number of inquiries from people who have
heard about our application and were interested in this type of
residential unit. They would be fairly expensive luxury units
geared toward a well established group of people. It would be a
(4)
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APPLICATION #244-MAIDSTONE DEVELOPMENT, INC.
fairly exclusive community and every effort would be made to make
ii an attractive asset to the Town of Southold. Needless to say,
the tax benefit to the Town of Southold from this type of develop-
ment would far exceed its development as currently zoned for single
family residences. The other point tha% I think is important to
consider is the comparability with the surrounding properties.
It would be a residential use similar to the other residential
uses down here. I have indicated on the map by small brown boxes
the existing single family residences on %he strip between this
proposed rezoning and the o~her multiple usage along the Sound.
As you can see, all but two properties down here along the road
have single family homes on them. I think tha~ in light of this
and also in light ~hat they are small parcels ~he likelihood of
those properties being subject to downzoning or rezoning is very
small. I don't ~hink that the tendancy that the Planning Board
saw is a likely possibility because of their existing ,u~age and
~heir small size. As I said before, we are planning a nice resi-
dential community and I think it would blend in well with ~he
surrounding properties, the topography of the property is such as
that i~ would not be extremely visible from the road. The property
is much deeper than i~ is wide so that the units would be in large
part back fromthe road. We have also agreed to screen the properties,
mainly on the instance of Mr. Crystal who lives next to this property
on the west, to screen along the boundaries with natural vegetation
in order ~o further minimize the impact on ~he surrounding areas.
I don't have ~oo much more to say. I would prefer ~o see if you
have any questions or comments tha~ I might discuss with you.
SUPERVISOR PELL: Does anyone else wish to be heard in favor
of the applicant?
MR. SAM MARKEL: I think it might Greenport a little shot in
the arm business wise. I think tha~ anything that would give our
area a little business boost would be pleasantly welcomed. We don't
have industry out here. Primarily, if we could get some more business
for the local shop keepers, it would be very good.
SUPERVISOR PELL: Anybody else wish to be heard in favor of
the applicant?
(There was no response.)
SUPERVISOR PELL: Does anyone wish to be heard in opposition
to the application?
WILLIAM PRICE, JR., ESQ: I represent the adjoining property
owner, Mr_ Bur~ Crystal. As Miss Wickham said, my client is not
opposed to the concept of condominiums. And as Miss Wickham said,
we were presented with proposed covenants and restrictions that
would limit the property to development in a residential manner.
Unfortunately, I was presented with them this evening and cannot
get in touch with my client at this time, and therefore must proceed.
Let us take a look a~ what we have here. We ~alk about what the
actual area looks like. We have Chapel Lane where you have the
nursing home. Even though it is zoned "M-I" it is one of your
special exceptions that is allowed in the "A" residential area.
(5)
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APPLICATION ~244-MAIDSTONE DEVELOPMENT, INC.
We have the Soundview complex up where this "M-i" is. And then
we have a stretch o£ property which is "A" residential and has
been used as "A" residential and now there would be the probability
or the possibility excuse me, if this application were granted
that this residential area could be used in the future by some
new, not necessarily this developer, but some other developer for
motel and hotel purposes. This is a relatively exclusive area, as
we all know, for having £ront footage on Long Island Sound. In
talking about the other so called business areas around here. This
area over here off of Moores Lane, that's the Greenport Moores Woods
which has the sewer plant and water recharge area. We have the KOA
which is zoned business, this also here is part of the Greenport
Moores Woods area. Now, as I said, my client is not opposed to ~he
concept of condominiums, however, this particular application
requesting a change of zone to the "M-i" zoning which would allow
motels in the future with the covenants, my client or his successor,
should he sell the property, would be required to enforce these
covenants_ Whereas if it were not a change to "M-i" but rather
to light multiple zone. Then in that e£fect, the Town o£ Southold
would be able to do some of the enforcement and not result in the
long and slow tedious process of trying to enforce covenants. Now,
I have pictures of what this particular area looks like. This was
taken two Sundays ago by an employee of, Mr. David Bruckheimer.
This past Sunday I went and took a look and this does make a fair
representation of Mr. Crystal's property, the property adjoining
to the west, and part o£ the property where the application is
made for. One of my clients major concerns is also that the
possibility of additional erosion to the sound bank. His house,
as you can see from that photograph, is on the edge of the bank
itself and any further erosion of the bank would cause an immediate
hardship and possibly danger to his property. This picture here is
a picture taken from the sound beach, also by an employee, Mr.
Bruckheimer. Now, it has been checked out that this picture is a
fair representation o£ a view from the sound looking ~oward the
applicant's property. Now, that does not look as though there has
been much erosion in that area. However, we have a picture showing
steps on the property to the west of Mr. Crystal's property showing
the di£ferent heights o£ bulkheading deterences they have attempted
to use to prevent erosion in that area. It has been represented to me
that those pilings, those concrete pilings off o£ the stairways have
become much more exposed since ~he installation of that particular
stairway. As a final representation as to the type of the erosion
tha~ has been going in that area, we have a closeup picture o£ those
particular pilings that were holding the steps showing in that other
picture there. In summary, as I have stated, my client is not
opposed to the concept of condominiums but the possibility that
commerical use could be instigated in that area adjoining his property.
He purchased in the lines that he was in ~he "A" residential zone
and for that reason is concerned as to this change application as
well as the evidence of erosion in there where construction of a
project of this magnitude may further speed up the erosion of the
sound bank in that area. Thank you.
SUPERVISOR PELL: Thank you very much, ~r_ Price. Does anyone
else wish to speak against the application?
(6)
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APPLICATION #244-MAIDSTONE DEVELOPMENT, INC.
FRANK BEAR, Southold: I am speaking on behalf of the North
Fork Environmental Council and the North Fork Audubon Society
compiling a membership of approximately 800. I would like ~o
endorse the concerns expressed by both the County Commission and
the Southold Town Planning Board. The reasons that they gave are
basic and it is true, of course, that the Southold Town Development
Plan urges that the development along in this area be residential
and that there be a minimum of commercial and other types of develop-
ment_ The £act that there are other things that have been done
contrary to this, certainly doesn't justi£y making the same errors
again, or doing something just like that again because every time
you add another commercial or "M-I" type of area, you also increase
~he number of people who will be dependent upon the water supply
and who will be using other facilities. This is a piece of property
slightly less than 5¼ acres and if developed according to the present
zoning, it would not take more than 5 homes. Now, they are talking
about 24. Now, this means that almost five times the number of
residences will be placed on this, if the plan that has now been
presented, is finally executed. I would like to point that this
area is a part of what is referred to in the water study by Malcolm
Pirnie Engineers which was done for the Town of Southold in 1967
called area "C". The area "C" is approximately 4% of the water
supply in the entire Town of Southold. This reports point out that
areas "A" & "B" that extend from the western boundary to almost the
area where this is located have approximately 90% of the water
supply in the Town of Southold. Whereas, areas "C" & "B" which
extend to ~he eas~ and ~he Little Hog Neck and Great Hog Neck
all they have is a total of 10%. Now, to further use up the wa~er
supply in this area, it seems to us to be a unwise use of the
land or in accordance with the type of wise planning that was done
when the town plan was worked out and finally adopted by the Town
Planning Board. As the previous speaker said, also, ~his would
intend to be the kind o£ spot zoning which might lead to a similar
type of zoning or rezoning in the future to the type of buildings
which could be motels and trailer camps and could make a big
difference in the kind of area that now exists. I think ~o spot
zone in this way and to change the character of the area even
further would be detrimental to the entire town. As far as being
in the vicinity o£ commercial, the commercial type of business
that exists in that area is not the type of commercial business
that is considered the type near which multiple housing should
be built. They are talking about commercial districts, such as
down town areas such as in Greenport, Southold or in other areas.
This is not that type of area, it would be a long way from central
business districts. On behalf of these two organizations, I would
like to urge ~hat this Town Board accept the recommendations bo~h
of the Southold Town Planning Board and of the Suffolk County
Planning Commission and deny their request. Thank you.
SUPERVISOR PELL: Thank you. Does anyone else wish to be
heard against the applicant?
DR_WALTER SMITH: You should look at the experience as you
go further west. Mr. Winston built a whole mess of things in
Mt_ Sinai Harbor, now we have Mt. Sinai bluffs down in Mt. Sinai.
I think you should also look at the evidence compiled of three
(7)
PUBLIC HEARINGS May 6, 1980
CHANGE OF ZONE APPLICATION #244-MAIDSTONE DEVELOPMENT,INC.
years of hearings down on the marine council on bluff zoning.
This is very important. It is a proven example to be 100 feet
back from the edge of the bluff, the rate of erosion on the north
fork is very large. You must remember that the ocean is coming up.
Since 1940, it is up 8 inches, the rise seems to be accelerating_
So, we are going to have more and more erosion no matter what we
do. So, ~o protect the village and the people owning the property
they should be built back. So, that in about 70 years they may
wash away, but in the normal run of things in our lifetime, the
100 feet back will be fine. We have to take all this modern
evidence into hand before you make a decision. And I think you
should look at the publications that we have from the County on
bluff zoning. It could answer a lot of your questions. Thank you.
SUPERVISOR PELL: Does anybody else wish to speak?
MR. HENRY LYTLE, Peconic: My name is Henry Lytle. I am
speaking on behalf of the Civic Association of Southold-Peconic.
For the past 25 years we were the original supporters of and
sponsors of zoning in the Town of Southold_ We think the original
Planning Board did a great job in laying these maps out and there
is still left a lot of room for multiple dwellings still available.
We are opposed ~o further spot zoning or break down of zoning as
it now stands. Enough said.
SUPERVISOR PELL: Thank you. Mrs. Galdys Csajko.
GLADYS CSAJKO, N.F. Taxpayers Assoc.: Two things: First
the taxpayers have been on record since 1969 against spot zoning.
nd we have watched since 1969 when everybody discussed the Master
Plan. This was going to be it. No changes. For eleven years
the Board of Appeals has given nearly everybody that has come
before them practically, a change. There is spot zoning being
done all over Town. We are violently opposed to spot zoning.
This is spot zoning. Number two: When are you going to enforce
the Master Plan. Now, this is a new board, this isn't the same
old bunch. You're new fellows. Now, is the time. When are
you going to stop making changes, when we look like Coney Island
down here? Another thing I want to point out. The people that
buy this property know what this property is zoned when they buy
it. They know what they are buying. Why do they come in and then
tell you it is a hardship? Let them buy "M-I" property to put the
condominiums, if that's want they want to do.
SUPERVISOR PELL: Thank you very much. Does anyone else
wish to speak against the application?
(There was no response.)
SUPERVISOR PELL: Does anyone else wish to be heard on this?
ERNEST RADFORD: I would like to be heard on it. My name
is Ernest Radford_ As £ar as the talk just now about the erosion
on the bank. I have known that property for thirty years. In
fact, I sold most of that property and there has never been any
erosion on that bank because it is in an alcove, it just doesn't
(8)
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APPLICATION #244-MAIDSTONE DEVELOPMENT, INC.
erode there. The only erosion that has occured along that bank
is what people may have done to create erosion. For instance,
next to the gentleman, Mt. Crystal, ~here is a property which I
sold to a party by the name of Pringle. Then Pringle bulldozed
down ~he bank because he wanted to cut down the height so that
he could make access to the beach a little easier. But he has
put back vegetation on it and such which has helped ~o reestablish
the thing, so ~here is no erosion, even there he has actually
chopped down the bank. In reference to the various comments
about zoning in ~he area, it seems to me tha~ there has been an
awful lot o£ talk about criticism because somebody wan~s ~o change
something that was previously zoned in a certain way. But there
has to be certain changes. In other words, I don't ~hink that the
zoning board, at the time the zoning ordinance was created, was so
clever tha~ ~hey could know exactly what was necessary in every
area in the Town of Southold. And there is bound to be certain
areas which ~hey would be more adaptable for a different type of
zoning. That's all I have to say.
SUPERVISOR PELL: Thank you very much. Does anybody else
wish to be heard on ~his application?
ABIGAIL A. WICKHAM, ESQ.: Supervisor Pell, May I make a
few comments in response to these. I just want to be very brief.
I like to add to something that the gentlemen speakfing jus~ said.
As far as the erosion on the bluff goes, I don't that the erection
of condominiums or any other type of building 100 feet back £rom
the bluff, which is the setback requirement, would accelerate erosion.
I think erosion on ~he sound bluff is a fac~ of life. This particular
sound bluff, I do not ~hink is subject to extensive erosion. It is
well planted and it has been ~here for some time. I certainly do
not ~hink tha~ it would be in my clients interest or anyone elses
in that property to do something that would jeopardize the bluff.
As far as ~he water goes, there is public water here from the
Village of Greenport which my client has spoken to the Village of
Greenport about ~hat it would be a possible source of water supply
and of course, any sewage use would comply with the County Board of
Health requirements. As to the reference made to spo~ zoning, as a
matter of law, I do not believe this is spot zoning_ It is in an
area where there are o~her uses of this type. It is a residential
use and I've tried to stress EhaZ tonight that we are looking for,
we did not apply for "M" Light because o£ restrictions ~n that
particular district in terms of the number of years it can be
put together and other density requirements. There are business
areas, a restaruant, and a number of other uses near here. And I
think that the fact that we are two or three miles from the center
of Greenport, if is no% such an extreme distance. Out here on the
North Fork things are by nature qui~e far apart and when you say
immediate vicinity you don't always mean one block down the street.
I also would like to urge you to consider the benefits to the
Town of Southold in terms of tax advantages, attractive usuage,
and a different ~ype of residential use which is gaining in
extreme popularity. Thank you.
SUPERVISOR PELL: Thank you. Does anyone else wish to be
heard on Zhis application?
(9)
PUBLIC HEARING May 6, 1980
CHANGE OF ZONE APPLICATION #244-MAIDSTONE DEVELOPMENT, INC.
COUNCILMAN LAWRENCE MURDOCK, JR.: Could I just read in
another letter in the file?
SUPERVISOR PELL: Yes.
COUNCILMAN MURDOCK: This is a letter which was received in
the Town Clerk's Office on May 6th which is today from the Suffolk
County Department of Health Services and I think it should be read
into the record for purposes of information. It Js addressed to
Judith T. Terry, Town Clerk "RE: Maidstone Development, Inc.
Zoning Change from "A" Agricultural and Residential to: "M-i"
General Multiple Residence District, Dear Judith: I have reviewed
the above referenced zoning change in respect to the water supply
and sewage disposal facilt±es. 1. It appears that public water
is available to the property. However, special considerations
will have to be given to the sewage disposal system due to the
poor soil conditions in the area. 2. The feasibility of connect-
ing to the Greenport Sewer District should be investigated. Very
truly yours, Royal R. Reynolds, P.E., Public Health Engineer, General
Engineering Services.
SUPERVISOR PELL: Does anybody else have anything else to add?
Any questions from the Board?
ERNEST PAPPAS, Vice-President of the Cedar Beach Park Assoc.:
I don't want to exacerbate this discussion any longer, but as a
taxpayer and vice-president of the Cedar Beach Park Association,
I just feel that this might be a dangerous precedent.
SUPERVISOR PELL: Does anybody else wish to be heard on this
application?
COUNCILMAN JOHN J. NICKLES:Miss Wickham, I just got a little
confused with Mr. Price's comments with regard to the covenants.
Would those covenants from your client be to the Town or to Mr.
Crystal?
MS. WICKHAM: They would be imposed on the property. They
would be with Mr. Crystal. I had not offered to ~mpose them with
the Town. I don't want to engage in contrast zoning. If the Town
wanted them to run to them, I think we would consider that.
COUNCILIIAN NICKLES: It wasn't a request, it was just a
question.
MS. WICKRAM: No, it is just something that was worked out
with Mr. Crystal. or ra~her is in the process of.
SUPERVISOR PELL: Does anyone else on the Board have any
questions?
(There was no response.)
SUPERVISOR PELL: If not, I will declare this hearing closed
and move onto the next one.
Respectfully submitted,
Hearing adjourned at 9:05 P.M. ~-~~
B
COUNTY OF SUFFOLK RECEIVED
F,~AY 6 1980
Town Clerk ~.outl~Jd
DEPARTMENT OF HEALTHSERVlCES
DAVID HARRI$,M.D ,M.P.H.
COMMISSIONER
May 2, 19g0
Judith T. Terry
Town Clerk
Town of Southold
Southold, New York 11971
~ ~eidstone Development, Inc.
Zoning change from "A" Agricultural and Residential to:
"M-l" General Multiple Residence District
Dear Judith:
I have reviewed the above referenced zoning change in respect to the
water supply and sewage disposal facilities.
1. It appears that public water is available to the property. However,
special considerations will have to be given to the sewage disposal system
due to the poor soil conditions in the area.
2. The feasibility of connecting to the Greenport Sewer District should be
investigated.
Very truly yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:amf
OFFICE OF TOWN,CtI~RK
T~WN OF. SOUTHOLD
JUDITH T. 'i £RRY 'SUFFOLK COUNTy TELEPHONE
· Southold, L. I., N. Y. 11971
April 29, 1980
Roy R. Reynolds
Dept. of Health Services
County of Suffolk
County Center
Riverhead, New York 11901
Dear Roy:
The Town of Southold aniticlpates there may be some problem with
water on the two (2) enclosed change of zone applications:
Maidstone Development Corp. and Wayne Associates,
May we have your comments on both of these applications?
Very truly yours,
dTT/bn Town Clerk
cc:file
Enc./
LEGAL NOTICE
NOTICE OF HEARING
ON PROPOSAL TO AMEND
ZONING ORDINANCE ~C)(.JNTY (34: SUFFOLK ss:
STATE OF NEW YORK
Pursuant to Se~ion 265 of
the Town Law and require-
ments of Chapter 100 of the
'Code of the Town of Southold, Patricia Wood, being duly sworn, says that she is the
Suffolk Count)'. New York,
public hearings will be held by Editor, of THE LONG ISLAND TPo6,VELER-WATCH/VLAN,
the Town Board of the Town of
Southold at the Southold Town o public newspaper printed at .C. outhold, in Suffolk County/
Hall, Main Road. Southold. 2nd that the notice of which the annexed is a printed copy,
New York on the 6th da'/ of
May, 1980, on the following r'os been published in s~id Long Island Traveler-Watch-
proposals to amend the Build- man once each week for / weekS
ing Zone Ordinance lincinding '7
the Building Zone Maps) of successively, commencing on the ..... /_ .................................
the Town of Southold, Suffolk
County. New York. Jay of ~)Zt~ 19..~.-..
8:'15 o'clock P.M. By chang- - . ' ........................ '
ingAgriculturalfrom" A" Residential and 8:30 o'clock P.ld. By chang.~tc~ ---- ._.'7':~...~ ~''~._...~7~...._....,...~'~-..
General Multiple Residence Agric~tural Otsttiet to "M-I"
District the property of Maid- General Multiple Reslaence
stone Development, Inc.. situ- District the property of Wayne
ated near Greenport. in the Associates situated at South.
Town of So uthold, Suffolk old, iff the Town of Soutbold,
County, New York, bounded County of Suffolk, State of Sworn to before rrm this .............../..O....
and described as follows: New York, bounded end des- ,
BEGINNING at a monument eribed as follows: ~ 19.....,~?~.._.
on the northerly line of the BEGIlql~NG at the comer =~f'"'""" ..................
North Road at thc southwest- formed by the intersection of
erly corner of land, now or the southerly side of Orchard
formerly of Parietals. [o, merly L~ne (private) with the easter. ,
,_t Marston. being thc south- ly side of Cedar Bench Road; ' m' ''''' ~~)~--~t~'J~ ~~ '''''''
--~'--- -- running thence along the .......... ]-.-~-~,. ......
easterly corner of the premtses southerly side of Orchard lame Notary Public '~'
herein described; from said south 66 degrees 52 minutes
point of beginning running 20 seconds east 4S1_63 feet to
along said northerly line of the a point; running thence 60
North Road South 53 degrees degrees 37 minutes 40 seconds CLEMENT J,
~1 minutes 30 seconds West a east 63.02 feet to a point; NOTARY ~l~l~NseY0~
distance of 255.56 feet; run- running thence along the ate
ning thence along land now or of a curve boating to the right ~ 1~ ~
formerly of Crystal on a line having a radius of 156.20 feet a
parallel to and 250 feet waster- distance of 121.09 feet; run-
ly fi~m the westerly line of ning thence south S8 degrees
said land of Parietals North 24 46 minutes ,50 seconds east
degrees 56 minutes 30 seconds 181.42 feet to a monument; Cedar Point Drive'end akm8
~West a distance of 852.29 feet running thence south 62 deg- the easterly side of Cedar
to ordinary high water mark of rees 07 minutes 30 seconds Beach Road north 23 deg~es
Long Island Sound; running east 205 feet to the ordinary 07 minutes 40 seennds east
thence along said high water high water mark of Cedar 322.11 feet to.the corner first
mark of Long Island Sound ~Beach Harbor; thence souther- dbove mentioned at the point
North 32 degrees 09 minutes ly and southeasterly along the or place of BEGINNIIqG.
30 seconds East a distance of ordinary high water mark of Any person desirin~ to be
297.75 feet to said la, nd of Cedar Beach Harbor 426 feet heard on the above proposed
Parietals; thence along said more or less to the northerly amendments should appear at
land of Parlamis South 24 line of lot No, 30 on Map of the time and place above so
degrees 56 minutes 30 seconds Cedar Beach Park afor~nen, specified.
East a distance of 962.47 feet tioned; rumlln~ thence earth DATED: April 8, 1980
t~ the point or place of 62 degrees 07 minutes 20 BY ORDER OF THE
beginning, said premises con- seconds west 220 feet to a SOUTHOLD TOWIq BOARD
taining 5.207 acres according point; thence north 22 degrees JUDITHT. TERRY
to survey of Otto W. Van Tuyl 07 minutes 40 seconds east Town C~erk
dc1961Son, dated October 31, 28.25 feet; running thence IT, 4/17/80(186)
north 66 degrees 52 minutes
20 seconds west 754.52 feet to
the easterly side of Cedar
Point Drive; runninB thanee
alone the °"~*'"qV side of
westerly corner of land, now 60 degrees 37 minutes 40 sec-
or formerly of Parlamis, for- onds east 63.02 feet to a point;
merly of Marsten, being the running th~nea along the arc
southeasterly corner of the ola curve bearing to the right
premises herein described; having a radius of 166.20 Ieeta
from said point of beginning dis~nce of 121.09 feet; run-
running along said northerly ning thence south 58 degrees
lineoflheNorthRoadSouth53 46 minutes 50 seconds east
degrees 24 minutes 30 seconds 181.42 feet to a monument;
West a distance of 255.56 feet; running thence south 62 de-
running thence along land now grees O7 minutes 30 seconds
or formerly of Crystal on a east 205 feet to the ordinary
line parallel to and 266 feet high water mark of Cedar
westerly from the westerly Beach Harbor; thence south-
line of said land of Parlamis erly and southeasterly along
North 24 degrees 56 minutes 30 the ordinary high water mark
seconds West a distance of of Cedar Beach Harbor 426
852 29 feet to ordinary high feet more or less to the north-
water mark of Long Island erly line of lot No. 39 on Map of
Sound; running thence along Cedar Beach Park aforemea-
said high water mark of Long tioned; running thence north
LEGAL NOTICE Island Sound North 32 degrees 62 degrees 07 minutes 20 sec-
NOTICE OF IIF, ARING ON o9 minutes 30 seconds East a onds west 220 feet to a point:
PROPfX.qAJ~?OAMIgND distance of 297.75 feet to said thence north 22 degrees O7
ZONING ORDINANCE land of Parlamis; thence minutes 40 seconds east 2~.25
Pursuant to 8eclinn 265 of along said land of Parlamis feet; running thence north 66
the T~,'n Law and requi~ South 24 degrees 56 minutes 30 degrees 52 minutes 20 seconds
men' ' C'l~ptee 166 of the seconds East a distance of west 754.52 feet to the easterly
Code-_ th~ Town of Southold, 962.47 feet to the point or place side of Cedar Point Drive;
Suffolk County, New York, ., of beginning, said premises running thence along the east-
public I~ will b~ held by containing 5.207 acres accord- erly side of Cedar Point Drive
the T°wn B~i~l of the Town of lng to survey of Otto W. Van and along the easterly side of
Southold at the 8oulhold Town Tuyl & Son, dated October 31, Cedar Beach Road north 23
HaH, Main ~ Southofd, 1961. degrees O7 minutes 40 seconds
New York o~ [he 6th day ~ 8:30 o'clock P.M. By chang- east 322.11 feet to the corner
May, 1~0, on the ~:" lng from "A" Residential and first above mentioned at the
prop~ to ~ ~e ~ Agricultural District to "M-I" point or place of BEGINNING.
l~ZameOrdi~mmce(fl~tdi~' General Multiple Residence Any person desiring to be
theBuilding~Malm):~Om. District the property of Wayne heard on the above proposed
Associates situntedat South- amendments should appear at
C~unty, New York. -- .: old, in the Town of Southold, the time and place above so
8:l$o,cJa~p.M. By~,TM County of Suffolk, State of specified.
II~ f~mn "A" R~ ncaa' New York, bounded and de- DATED: April 9, 19~0
Agricult~'ai Dtntrf~of to ."M-I" scribed as follows: BY ORDER OF
C, el~'al M~dliple B,~ BEGINNING at the corner THE SOUTHOLD
District the ~ og Maid- formed by the intersection of TOWN BOARD
shm~ Development, Inc., sltu- the southerly side ol Orchard JUDITH T. TERRY
·,ted near ~, in the Lane (private) with the east- TOWN CLERK
Town of Soulllm]d, ,~offnlk erly side of Cedar Beach 1TA17-3421
Com' New York, hounded Read; running thence along
and ~ ~ril~la~ fiffio~: the southerly side of Orchard ~
BE61NNING at a monu- Lane south 66 degrees 52
meat on the northerly ~ of minutes 20 seconds east 451.63
the North Rtmd at the south- feet to a point; running thence -
COUNT~ OF SUFFOLK, I
STA~'E OF NEW YORK, ~ ss:
....... Jq~r~ .Gu~.v.~o~n .............. being duly Sworn.
sa~s that . .~h~.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenpart, in said
county~ and ~hat the notice, of which the annexed is ~ printed
copy, has been published in the satd Suffolk Weekb/ Times
once in each week, for ...... .o.n..e ................. weeks
successively ~ommencing on the 17th
day of .~.Alo~c. il ............ 19.80 ~
........ .......
Sworn to before me th~s ../.7, .~.#.._ ~
day of .. ~-.~ ........ 19..~.g{.. ~
.......... ........
HELEN K DE VOE
NOTARY PUBLIC Sla[e o! New York
No 4707~7& Sullork Coun[,~
leFm E,ID~res March 30. 19~_.,/
STATE OF NEW YORK:
SS:
COUNTY O]i' SUFFOLK:
JUDITI{ T. TERRY, To%~n Clerk of the To~;zn of
Southold, New York, being duly s%.;orn, says that she is over the
age of twenty-one years; that on the 9th day of April
8O
]9 she affixed a notice of which the annexed printed
notice is a true copy, in a proper and subs.tantial manner, in a
most public place in the Town of Southold, Suffolk County, New
York, to wit:-
Town Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, N.Y. 119'71
Notice of Public Hearing upon application of Haidstone
Development, Inc. for a change of zone - 8:15 P.H.-H~}~ 6, 1980.
~" Judith T. Terry, Tg~n Clerk
Sworn to before me this
9th day of Anvil
19 80
tary Public
ELIZABEfH ANN ND/ILL~
NOTARY PURLIC. Sta~e al New Yoi'k
No. 52-B[25850. SuClolk
LEGAL .'~ . ~ ~,
NOTICE OF HEARING ON PROPOSAL
TO A~%E~TD 7ONINC- OPPTNz~NCE
Pursuant to Section 265 of the Town Law and requirements of
Chal>ter 100 of the Code of the 'Town of ,~outhold, °ue£elk County,
New York, ~ublic hearings w~l! be held by the To,-n Eosrcl of the
Town of Pouthold at the Southold Town Hall, Yain ~ottd, Youthold,
New York on the 6th day of YaF, ~980, on the follou'inff .roposals
~o amend the Building. Zone Ordinance (includin~ t__~-e nu~ldin~
Zone Haps) of the Town of Ooutbold, Suffolk County, Y'tew York_
8:15 o'clock P.I'~_ By chamt-inz from "~" qe:s~dontial and
Agricu]tum~l District to "}'-l" qeneral Yul~tple We,~denee
near Greenport, in the Town of Southold, Suffolk County,
York, bouuded a~cl descrJb=d ns follows:
BZGTFYF'rq at a menus-apt on the nm'the¥ly ~ine of the
North Road at zhe southwesterly corner of land, nov' o': ~ormerly
of Parlamis, formerly of "'arstoa. beinq the SOtltb~a:zter]v
corner of the m'emises he~-pi~ c~scribed; fro.: y~afr~ }'oinh of
l]eginninp running along said northerly line OF tile Xro"tl1 Road
South 53 degrees 24 minutes 30. scconcls West $ r'~ [:~..tanc, e' of
.,a5.5o feet; runnin% thence alone: land now or fo:-"-e~'ly
Crystal or. a line t~araltel to and 250 feet t ....
~este. ,. fuom the
westerly line of said ]ar, d of r~arlamis North 24 dec,roe:; 56
rain. Ecs~o0 seconds West a distance of~a~,~:~. 29 feet to ordinary.
hi~'h water mark of Lon~ Island ~ound: rtmnin~ ~hence a]on~ said
high water mark of Lonq Island Sound North ~2 de,trees 0q
minutes 30 seconds East a distance of 297.75 feet to ~m~d land
of P~rlamis; thence aloha said !and of Parlamis ?outh 24
dearees 5a minu~es 30 seconds East a distance of 982.4~
to the ?oint or place of beginning, said premises o *~
o,_ta~ nin~
5.207 acre~ according ~o ~urvey of Otto ?~. Van ~u,-I e eon, datedl
October 31, 1961.
Page _9 _ Lei [ Notice
8:30 o'clock P_~'_ By changin~ from "A" Residential and
Agricultural District to ".~J-l" General ~[ult~iple Residence
District the property of Wayne Associates situated at ~outhold,
in ~he Town of Southold, County of Suffolk, State of X[ew York,
bounded and described as follows:
BEGINX~IN~ at ~he corner formed by the inters~ection of the
southerly side of Orchard Lane (private) with the easterly side
of Cedar Beach Road; running thence along ~he southerTy side of
Orchard Lane south 66 de~rees 52 minules 20 seconds east 451.6~
feet to a point; running thence 60 de~rees 37 minutes 40 seconds
east 63.02 feet to a point: running thence alon~ the arc of
curve bearing to ~he righ~ having a radius of 156.20 ~eet a
distance of 121.0g feet; running thence sou~h 58 dezrees 46
minutes 50 seconds east 181.42 feet to a monument: runnin~
~hence south 62 degrees 07 m~nutes B0 seconds east 205 feet
the ordinary high water mark of Cedar Beach Harbor: thence
southerly and southeasterly alone ~he ordinary high water mark
of Cedar Beach Warbor 426 feet more or less to the ~or~herly
line of lot No. 39 on ~ap of Cedar Beach Park aforementioned:
running~ ~hence north 62 de~rees 07 minutes 20 seconds west
220 feet to a point; thence north 22 de~rees 07 ~]rm~tes 40
seconds east 28.25 feet; running thence north 66 degrees 52
minutes 20 seconds west 754.52 feet to the east~]y side of
Cedar Poin~ Drive; runnin~ thence along the easter]~.- side of
Cedar Point Drive and along the easterly side of Pedar l~each
Road north 23 degrees 07 minutes 40 seconds east S22.]1 feet to
the corner first above mentioned at the f~eint or nlace of
BEGINNING.
Any person desiring to be heard on the above Dro[~osed
amendments should a~apear at the time and place above so
s~ecif led.
DATED: ADvil 8, 1980
Bv mPDFP OF T~F SOUTHOLD TO~t'~~ BOA~.D
,JUDITt7 T. TERPY
T O I'[~N CLERK
Pa~e 3 - Le~ · Notice
~ lo~] .~"-*' ~OE'"'~.,w~ ~'~rq AFFIDAVITS
PLEASE PUBLISH ONCE, A°RIL 1.,
OF PI~LICATIO![ TO JUDITH T. ~'~v=., . , TO"IN ~T~-PW._ . , ~"'~',",I .... O~ SOUTFOL~
MAIN ROAD, SOUTHOLr~. ~i' YORK_
Copies to lhe following on ~-prJl 9, 1939
The Suffolk Times
The Lena Island ?rave]e~--':atchman, Inc.
Town Clerk ~ulletin Board
Town Poard Uemb, e~s
Abigail A. Wickham, a/c Ys~datone Development, !nc.
John E. Ci}l~.es, a/c ~rsyne Associates
COUNTY OF SUFFOLK
RECEIVED Q
APR 4 1980 DEPARTMENT OF PLANNING
To~m ~i~rk ~01~01~ LEE E. KOPPELMAN
DIRECTOR OF PLANNING
April 3, 1980
Ms. Judith T. Terry, Town Clerk
Town of Southold
Main Road
Sou~old, New York 11971
Re: Application of "Maidstone Development, Inc.:'
(Case No. 244) for a change of zone from
"A" Agricultural and Residential to "M-l"
General Multiple-Residence, Town of Southold
(SD-80-2).
Dear Ms. Terry:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk County Planning Commission on April 2, 1980 reviewed the
above captioned application and after due study and deliberation Resolved to
disapprove it because of the following:
1. It is inconsistent with the Town of Southold Development Plan which
designates this area for agricultural-single family residence develop-
ment;
2. It is inconsistent with the pattern of zoning in the surrounding area
and therefore must be considered as "spot zoning";
3. It would tend to establish a precedent for further downzonings in the
locale along Middle Road (C.R. 27); and
4. There appears to be ample land available for multi-residence purposes in
the surrounding area.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
GGN:jk Chief Planner
OFFICE OFr' T~' m, rN ,., C'LER K
T.O¥~N O~ SOUTFIOED
JUDITH T. TERRY SUFFOLK :COUNTY TELEPHONE
TOWel CLERK '.t- "4 4 (516) 765-1801
Southold, L. 1., N. Y. I 1971
March 6, 1980
Suffolk County Planning Commission
H. Led Dennison Executive office Building
Veterans Highway
Hauppauge, New York 11787
Gentlemen:
Pursuant to Sections 1323 to 1332 of the S'~ffolk
County Charter the Town Board of the Town of SouLhold
hereby refers the following proposed zoning action to
you.
Amendment of Zoning Map
Location of affected land: On the shore of
Long Island Sound on the north side of County Route
27, near the Village of Greenport, Greenport, New
York.
Suffolk County Tax Map No.: District 1000,
Section 040, Block 1, Parcel 20.
WiLhin 500 feet of property of the Village of
Greenport, within 500 feet of County Route 27, within
500 feet of Long Island Sound.
Enclosed is recommendation of the Southold Town
Planning Board, and correspondence from the N.Y.S.
Department of Environmental Conservation.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures
P ~R D
$outhold, N_Y. 11971
HENRY E RAY[':OR, Jr., Chairman TELEPHONE
FREDERICK E. GORDON 765- 19~
JAMES WALL
BENNETT ORLOWSKI. Jr,
GEORGE RITCHIE LATHAM, Jr. ~C~ ~ ~ 1980
Supervisor William R. Pell III
Town Hall
Southold, New York 11971
Dear Supervisor Pell:
The following action was taken by the Southold To;rn Planning
Board at a regular meeting held February 25, :[980.
RESOLVED to recommend to the Southold Town Board denial', of
the application o£ Maidstone Development, ][no..for a change o£ zone
from A Residential to'M-1 General Eultiple for property located a~
Greenport for the following reasons:
t. The Board considers this womld be spot zoning.
2. It would set a preoeden~ J_n the area for further down-
zoning of property.
Yours truly,
HENRY E. RAYNOR,. JR., CHAIRM~J~
sOUTHOLD TO~ PLANNING BOARD
By Muu~iel Tolman, Secretary
Copy to Deputy Supervisor'Johnso~
Councilmen Dr[nm, NicRles~
Murdock, Sullivan
IRVING L. PRICE, JR.
February 6, 1980
Town Board
Town of Southold
Main Road
Southold, New York 11971
Re: Maidstone application
Gentlemen:
Please be advised that this office represents
Mr. Bert Crystal who is an adjoining land owner to
property for which an adjoining land owner to property
for which an application has been made for a change in
zone.
I would appreciate it if you would notify this
office of any meetings or hearings pertaining to the
application of Maidstone for a change in zone from
A-Residential-Agriculture District to M-1 General
Multiple Residence District.
This request is not to be considered a statement
of approval or support for the application nor is it to
be construed as an objection to the application at this
time. The request for notification is made because of
Mr. Crystal's immediate and present concern for the
protection of his property.
If you have any questions, please do not hesitate
to contact this office.
Very truly yours,
IRVING L. PRICE, JR.
[:.'... _~.. T ~. ~j T.3. <-~ Lit',. ~~.___
William H. Price, Jr.
cc: Planning Board,
Town of Southold
~ TOWN OF SOUTHOLD
TOWN OF
JUD[TH Y. TERRY SUFFOLK (~OUNTY ~ELEPItONE
]OWN CLERK ~516) 765-1801
[~JeG[STRAR OF VIYAL SYAT[ST[CS
Sottthold, L. l., N. Y. l [971
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Dated: February 5, 1980
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice
is hereby given that the Southold Town Board, as load agency for
the action described below, has determined that the project will
not have a significant effect on the environment.
DESCRIPTION OF ACTION
Application of Maidstone Development, Inc. for a change of
zone from "A" Residential and Agricultural District to "M-i"
General Multiple Residence District on certain property at North
Road, Greenport, New York.
The project has been determined not to have a significant
effect on the environment for the following reason:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment are likely to occur should the project be
implemented as planned.
The New York State DeparEment of Environmental Conserva-
tion indicates that no permit is required under Article
25 (Tidal Wetlands) of the Environmental Conservation Law.
Further information can be obtained by contacting Mrs. Judith T.
Terry, Town Clerk, Town of Southold, Main Road, Town Hall, Southold,
New York 11971.
Copies to:
Wickham, Wickham & Bressler, P.C., a/c Maidstone Development Inc.
Commissioner Robert F. Flacke, DEC, Albany
Roy L. Haje, DEC, Stony Brook
Building Depaztment, Town of Southold
Town Clerk Bulletin Board
RECEIVED
WICKHAM, WICKHAM
NEW ¥0~ 119S~
January 31, 1980
Office of Town Clerk
Town Hall
Main Road
Southold, N.Y. 11971
Attention: Judith T. Terry
Re: Maidstone Development, Inc.
Dear Judy:
Enclosed is a copy of a letter received from the Department of
Environmental Conservation indicating that no permit is required
in connection with this application.
Sincerely yours,
~ga~ ~. W~ckham
~W: ab
Enclosure
( (.
RECEIVED
Bldg. -50, ~ - P~ 219
S~ B~k, ~,~ York ~794
(516) 751-7900
~sio~
January 22, 1980
Joseph C. M~rtirano For: Maidstone Developmemt Inc.
45 Woodland Road
Miller Place, New York 11764
t~: TW 15273-0109 Construction of 24 condominium units between Long Island Sound
and Middle Road on a 5.2~ acre lot roughly 200' to the west o£ Village of
Greenport, Southold
Dear Mr.Martirano,
As a result of your inqn~iry concerning the abov~ r~feren~, parcel, this
De~ ~nt has oonduc~d an_ on-site in~pection. ~,~ have fo,md the parcel or
(project) ~o be above 10' in elevation.
Therefore, pursuant to Par+- 651, Official Compilation of Codes, _Rules
and P~p~lm~iop~ of the Sta~ of Iq~ York~ Section 66104(b) ~ r~ permit under
,~-~mle '25 (Tidal [~tlands) of the En~m~ntal Conserv~tic~ L~ is requix~-
Very truly !~urs,
P~gional Permit Adminis~b~r
Rc<r_~a ~, B.~fairs
Stony Br~k, Nc~s York ~794
(516) 751-7900
Counis s ioner
January 22, 1980
Joseph C. Martirano For: Maidstone Development Inc.
45 Woodland Road
Miller Place, New York 11764
TW 15273-0109 Construction of 24 condominium units between Long Island Ssund
and Hiddle Road on a 5.2~= acre lot roughly 200' to the w~st of Vii~la~ ~f
Greenpor t, Southold
Hr. Har~irano,
~ a res,~t of ~ ~d~, ~nc~g ~a ~ ~fercm~i oar~]., -this
~t. h~ ~nduc~ ~_ on-site ~on._ ~.h ~na~._-~ found ~x~-' ~ p~rcel or
(p~je~) ~ ~ above 10' in elevation.
therefore, '/pursuant to Pa~t 651~ Official Cc~,.-~ilation of Codes, r~.nles
anJ P~_tions of ~%~'~ S~te of I-i~ York~ S~tion 661~4(b) ~ ro N~t' ~c..~z- ' ....
.~]~le 25 (Tidal ~'.le~) of 'd%e ~'~n~]_ ~nse~a'~on I~.~, is r~r~
RECEIVED
~PR ~ ~ ~1980 -.
__.,,,
I 1 1}/ ..........
January 14, [980
Mr. William Pel], Supervisor
Town of Southold
Main Road
Southold, Long island, N.Y.
Dear Mr. Pell:
I received the attached notification upon my return
from vacation.
After speaking with my attorney Frederick J. Tedeschi,
he suggested that I write you directly with regard
to this matter.
We own a home at 290 North Road adjoining the property
referred to in the attached notification.
We are of course, quite concerned with this new
development since we have invested a substantial amount
of money in our home.and wish to protect it in its
original state.
We specifically refer to the fact that the entire area
has natural forestry enabling us and our neighbors to
have privacy from the main road. We would strongly
oppose any change that would disturb this environment.
We also have a major concern regarding the bank which
we ourselves did not distrub so as to insure no
further erosion.
I realize that the matter will be discussed fully
with the conservation department but never-the-less I
consider it a concern since my home is substantially
closer to the cliff than we would expect the new
developer would be permitted to build near.
Please recognize that we are not looking to obstruct
any reasonable development on this adjoining property
as long as we are not adversely affected and that we
maintain a natural barrier.
File ~ TOW~ OF ~
I understand that this matter will be granted a
public hearing which I would like to attend.
If there is any further information, please do not.
hesitate to call me at my New York Office.
Thanking you in advance for your cooperation,
I remain
Sincerely yours,~,~
Bert Crystal'-----
BClm
: ...... ;."'¥' o'l
TOWN.?;Q._A?.D~_TOWN OF SOU FHOLD
In tile Matter of the Petition of :
: NOTICE
change of zone
:
to tile Towo l;oard of 1he Town of Southold. :
TO:
Bert & Marilyn Crystal
114 East 72nd Street
New York, N.Y. 10022
YOU ARE ItEREBY GIVEN NOTICE:
'1_ Ti]at it is the intention of the undersigned to petition the Town Board of the Town of Southold to
request a change of zone.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North Side of North Road (County Road 27), Greenport, Town os
Southold-~New York, bounded on the South by North Road, on the East by-P~q~ocy,
on the Nortl_] by Long Island Sound, and on the West by Crystal an¥-Pringle
containing approximately 5.2 acres.
3. ~hat the property which is the subject of SLIch Petition is located ill the following zoning district:
A - Aqricultural and Residential
4. Ti]at by such Petition, the Lmdersigned will request dmt the above-described property be placed in the
following zone district classification: . M-1 - General Multiple Residence.
5. That within five days from the date hereof, a writzeo Pe£itioo requesting the relief specified above
be filed in the Soutt~old Town Clerk's Office at Main Road, Southold, New York and you may then mid there
examine the same during reDdar office hours.
6. -Fl',ac before the relief sought may be granted, a public hearing inust be held on the n3atter by the
Town Bo..'d; that a notice of such hearing must be published at least ten days prior to tl~e date of such hearing
in fi~e Suff'olk Times and in the Long island Traveler-Matdtuck Watchman, .ewspaper5 published in the Town of
Soutlmld and designated for the publican;on of such notices; tha~ you or y~ur representative have the right to ap-
pear and be heard at such hearing.
Dated:. Decer~er 18, 1979 NAIDSTONE DG%~LOPi,~NT, INC.
n-- · ~f~ail'A. ~ickh~m Attorney
WICKH~], WYCK[{~ & B~SSLER, P.C.
Post Office Address:
4953 Nesconset Nighway
Port Jefferson Station, New York 11776
TOWN OF sOUTHOLD
NEL~ YO~Ri[ ST~.TE DEPAP. TI~i,~T OF ENVIRONI~Z. ITD£ COI~SERVATION
razOR. 40, SUllY - Room 21~
S~ony Brook, New York 11794
(516) 751-7900
D~emnbar 31, 1979
~,9~3 Ne~oun~t
~e~ of b~ ~ ord~e,
T~ of
Dear ~.
On the basis of the info.orion premented in the above-referenced
Pe~i~l~ i~ appears that a petit will be
required from the New York State Department of Environmental Conservatiom
Law, Article 25, for the work proposed therein.
I have enclosed an application form (directio~ on back), a
~ionnaire and an Environmen~al Assessment Form for preparation of ~ pe-
tition for pe~i~.
regy
D~IEL J.
Local Tidal ~etlandm
Permit Administrator
ce~ T~ of 9on. Id T~ ~uEk' a
~u~ld, a~ York 11971
File
O~F~c~ o~,'
TO~¥N OE SoIYrltOLD
~ . /.--~,,
JUDITH ~1. TERRY ~S UFFOLK~(~OU~qT, y TELEPHONE
Southold, L 1., N. Y. 11971
December 19, 1979
Mr. Roy Haje
Environmental Analysis Unit
Building 40, SUNY - Room 219
Stony Brook, New York 11794
Dear Mr. Haje:
Enclosed find completed short Environmental Assessment
Form, application, and copy of map of proposed change of
zone by Maidstone Development, Inc.
This project is unlisted; other agencies may be
involved but the optional coordinated procedures for
designating lead agency and determining significance
will not be followed. The Southold Town Board wishes
lead agency status. (SEQRA)
May we have your views on this matter. Written
comments on this project will be received at this office
until January 7, 1980. We shall interpret lack of
response to mean there is no objection by your agency.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures
cc: Southold Town Building Department
OFFICE O F:~ IO?,¥N~ ~ LER K
TDWN OF, SOUTHOLD
JUDITH T. TERRY SUFFOLK.COUNT~' TELEPHONE
Southold, L. I., N.Y. 11971
December 19, 1979
Southold Town Planning Board
Southold, New York 11971
Gentlemon:
Transmitted herewith is petition of Maidstone
Development, Inc. requesting a change of zone from
"A" Residential and Agricultural District to "M-i"
General Multiple Residence District.
You are hereby instructed to prepare an official
report defining the conditions described in said
petition and determine the area so affected with
your recommendations.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures (5)
OFFICE OF/i. OWN~L:EERK
TO~ ~Ea~ '~-~-~ :' ,~ ,' ,~' (~16) 76~-1801
REGISrRA~ OF VITAL StATiSTiCS ~'~ .._/~.~'
Southold, L. I., N. Y. 1197[
Dece~e~ 13~ ~979
To Whom I~ May Concern:
A~ached hereto is Environmental Assessmen~ Form completed by
Maids,one Development, Inc. in connection with their pe~i~ion no.
244 for a change of zone from "A" Residential and Agricultural
District to "M-i" General Multiple Residence Distric~ on certain
prope=~y 8~ No=~h Road, G=eenpo=~, New Yo=k.
~Judith T. Terry~
Town Clerk
Posted on Town Clerk Bulletin Board - 12/13/79
RECEIVED
.......... l J~3 ! ~½ J979
WICH:HAM, WICKHAM & BRESSLER, ~'.c.
December 18, 1979
office of To~n Clerk
Town Hall
Main Road
Southold, N.Y. 11971
Attention: Judith T. Terry
Re: Maidstone Development, Inc.
Petition for change of zone
Dear Judy:
Enclosed is notice in connection with the above
application, together with proof of mailing. I am
quite embarrassed that in the process of getting this
application filed, I forgot one of the most important
elements.
Thank you for your cooperation.
Since~r?~y ypurs,
~: ab
O~FI'C~ OF7
TO,WN OF. SOUTHOLD
JUDITH t. IE~Y '~UFFOLK~ ~OU~Y ~LEP~ONE
To~ ~RK ~d"_-'.~' '~l I' ~1~r (516) 765-180l
~GIS~R OF VITAL S~ATISTICS ~'~J'~
Southold, L 1., N.Y. 11971
December 13, 1979
Ms. Abigail A. Wickham
Wickham, Wickham & Bressler, P.C.
blain Road, P. O. Box 1424
Mattituck, New York 11952
Dear Ms. Wickham:
I am in receipt of the application of Maidstone
Development, Inc. for a change of zone.
In accordance with the Code of the Town of Southold
each adjoining property owner must be notified of the
petition. I am enclosing the necessary forms and request
that one copy be filed with me as soon as possible so I
may proceed with processing the application.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures
WICKHAM, WICMHAM & BRESSLEI~, ~.c. [~L~ 1 ~
NEW YORK 11~5~ ~l~ ~ ~
December 12, 1979
Town Clerk
Town of Southold
Town Hall
Main Road
Southold, New York 11971
Re: Maidstone Development, Inc.
Petition for chan~e of zone
Dear Madam:
In connection with the above, my client's application for a
change of zone, I enclose the following:
1. Six (6) copies of the proposed application, together
with letter of consent from the owner of the property.
2. Six (6) copies of survey.
3. Short Environmental Assessment Form.
4. Six (6) copies of portion of Southold Town Zoning Map
showing zoning classification of surrounding property and subject
premises.
5. Check enclosed in the amount of $100.00, for filing
petition.
Please forward the papers to the Town Board to schedule a
hearing date.
Sincerely yours,
Abigai~ A. Wickha~
AAW: ab
Enclosures
TOWN BOARD, TOWN OFSOUTHOLD
In the Matter of the Petition of :
NOTICE
Change of Zone
to the Town Board ofthe Town of Southold_ :
TO: Mr. Richard Petrocy
North Road
Southold, N.Y. 11971
Bert & Marilyn Crystal
114 East 72nd Street
New York, N.Y. 10022
Mr. & Mrs. Bruce Pringle
North Road
Greenport, N.Y. 11944
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to
request a change of zone.
2 That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as foUows: North Side of North Road (County Road 27), Greenport, Town of
Southold, New York, bounded on the South by North Road, on the East by Petrocy,
on the North by Long Island Sound, and on the West by Crystal and Pringle
containing approximately 5.2 acres.
3. That the property which is the subject of such Petition is located in the following zoning district:
A - Aqricultural and Residential
4. That by such Petition, the undersigned will request that the above-described property be placed in the
following zone district classification: M-1 - General MultLple Res±dence.
$. That within f~ve days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the
Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of
Southold and designated for the publication of such notices; that you or your representative have the right to ap-
pear and be heard at such hearing_
Dated: December 18, 1979 MAIDSTONE DEVELOPMENT, INC.
bv
p t'e' er ~bigail A. Wickham, Att y
ed~l°nerfwIC~{AM, WICFJ{AM & BRESSLER, P.C.
Post Office Address:
4953 Nesconset Highway
Port Jefferson Station, New York 11776
PROOF OF MAILING OF NOTICE
ADDRESS
NAME
No. zi31443 No. No. 43!
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED- NO INSURANCE COVERAGE PROVID[O-- IlO INOURANCE COVERAGE PROVeD--
GOT FOR INTERNA'nONAL MAIL NOT FOR IffTERNA110NAL MAIL NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse) (See Reverse)
~[,F . -- STREET AN6.NO ' - .~ ~'' ~ STREET AND NO
~/X~?~ ~ ' P O STATE AND Z'@ CODE
p O~TA i'E AND ZiP C O.[~ E ~ P STATE AND ZIP CODE
POSTAGE $ , / ~ FOSTAG~ $ i/~~'~ POSTAGE 1~
LU SPECIAL DELIVERY ¢ ~. SPECIAL DELIVERy ¢ t~ SPECIAL DELIVERy
~ POSTMARKORD&~:-~- ~ g POSTM*RK OR DATE ~ 'O"TMAnKORDATE
STATE OF NEW YORK :
COUNTY OF SUFFOLK: ss.:
Alice Burgon , residing at Meeting House Creek Road
Aquebogue, New York , being duly sworn, deposes and says that on the 18th day
of December , 19 79 ., deponent mailed a true copy of the Notice set forth on the reverse
side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;
that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur-
rent assessment roll of the Town of SouthoJd; that said Notices were mailed at the United States Post Office at
Mattituck, New York ; that said Notices were mailed to each of said persons by (certified)
~ mail_
Alice Bur~
Sworn to me this 18th
day of December , 19 79
Notary Public
BOROTHY HENDERSON
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