HomeMy WebLinkAboutPapish, Kenneth - Denied WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Sauthold by ............ Jf~l~[l~..~,~,~ .....................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from ...~...~i~.l]-dl~,~'!..~l~.,k~'l~,tt].C,a~.a~. .......................
District to .~...]~l~;l~O.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 ........ 2,,,~t,~.-....day
of ...... ~'.Q~IlI~ ..................... 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 ~.~I~],~.
Deoember 10, 19~8.
B~ O~d®~ of the Southold To~n Bo&rd.
R&lp~ P. Bootb.
Toun ~lo~k
PUBLIC HEARIMG
TOWN BOARD
TOWN 07 SOUTHOLD
Oreenpor~, W.Y.
Wovember 25,
s e n t :
NOS/'.~A~I E. KLIPP, Chairman
HENRY A. CLAPd4, Justice oF tMe Peace
RALPH TUTHILL, Justice of' the Peace
~ DE~.~REST, Justice of the Peace
LE.STEH ALBERTSON, Councilman
ROBERT TASKER, Ee~ ., Town Attorney
R~LPti P. BOOTH, Town Clerk
APPLICATION 0~ KEiVNETH A. PAPISH
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APPLICATION 07 KE?~NETH A. PAPISH
SUPERVISOR KLIPP: The request is made for the following:
Now have non-co~fo~.'~ing business and wish to have full
bus/ness. This matter was referre~ to the PLant, lng Board
for their reco~endatio~ and I rea.a at tlnls t:.-~e the recom-
mendathon of the Southold To~ Planning Board.
"This is to certify that t~e Following actio~ was taken
by the Southold To~ Plammimg Board at the special meeting,
r~ovember 10, 1958.
"In the matter o~~ the origi~ai petition of Kenr~eth A.
Fapish for a change of zone ~ro~ "~" to "B'' district of his
property o~ the south si~e of Sound Avenue~ Mattituck, and
fully described in the application; ~t is hereby
'~RESOL~JED: That the Planning Board reeo~mnend t~ls change
from "A" residential and a2[ricultural ,Iistrict to "B" business
dlstrict or~ the parcel describe,~ ir~ the application be granted.
,This p~rce! is the same parcel whic~ the Plannin[ Board
nad previousl? reco~ner~de~ be included with application of
Rrno!d Sacks ~or "B" district upon the Towr~ Board's own motion.
T~is propert~~ ~s now a non-com~%rming bus!r~ess property serving
neede,~ services to agriculture i~ tr~e Township, a~nd i~ ~on-
junction with t~e Sacks property previously recommendem would
provide a needled business aistrict with facilities required
by the ~armi~¥] i~dustry or the tow~n."
Trois is signed by Jonn Wickham~ Chalrma~n.
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At this time is there any person presemt who wishes to
be hear~ rot the granting of the relief asked for in the
petition?
(There was no response.)
SUPERVISOR KIJIPP: Hearin~ none, Ls there any person
present who wishes to be heard in oppositior~ to the granting?
ST.~LEY CORWIN: Gentlemen, I would like to ask that my
remarks in connection with the first ~pylication be incorporated
in your minutes tonight with respect to this cue. If the first
twa applications were ts]<en as one parcel of land, they are a
rectangle om the south side of the road and this little piece
we are ~alkin[~ about is approximately a square piece in the
upper rLght-hamd or north portiom of this particular rectangle,
and it is ismnedlately adjasent to [4rs. Pilko's property and
the same argu~nents apply except we are ~ea!ing with a non-
conforming use. The main business is established. There
is no necessity, nor do they ask it in their petition ['or
any greater or different business use than the one that is
established there now, and which is presently going along
without ar~y serious opposition amon[~ the people in the
vicinity. We think that there is no necessity for the change.
There Ls mo reason why it should be ~ranted and it should be
left as ~ men-conforming use and the use that is ~here and
that the application be den]ed.
SUPERVISOR KLIPP: Is ~here any person who wishes to ~e
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heard ir; opposition to?
(There was no response.)
SUPERVISOR KLIPP: Is there an~r perso~ who wishes to be
heard in ~'avor of or in opposition to at this tlme?
MR. ~RO~E: As a non-confor~in[~ use, if that man wan~s
to put up a sign~ ls ne aware that i~e has to ~'~et a permit,
a~d if :kn additional sign is to be erected, he has to pay a
['ee everl year to the To~ on that non-confo~Lng use of any
add~iona! signs?
SUPERVISOR KLIFP: I m~d not kno%~ whether he is aware
on it or nou. Is there any other ~erso~ who ~.;ishes 5o be
he~.rd? If not, I will close the hear[n, in the Fapish matter
at th~_s time for the delibera~lo~ o~ ~he Board.
5
sate~F and welf~re of Southoid Towf~, an~, we respectfully
uequest that this petition se ~]ranted.
SUPERVISOR KLIPP: Is there any other person who wishes
to be h,sa~d in favor
(The~e was no response.)
SUPERVISOR KbIPP: Is there an~~ other person who wishes
to be ~ea~d in opposition to?
(There} was no pesponse.
SUPERVISOR KLIPP: Is there anf), person v;ho wLshes to be
l'~eard in Dpposition to
(There was no response.)
SUPERVISOR KLIPP: We wi[1 close this hearinj:; at this
time ~or the further de!iberatio!'~ o~~ the Board,
0n rustics oF Mr. Clark, seconded by [.Ir. Tut[-.~!k, and
unanimously' carried, the applic.:~tio~a o2 David I De~riest was
granted. Ail voted "aye."
NOTICE OF HEARING ON PROPOSALS TO
AMEND ZONING ORDINANCE
Pursuant to Section 26% of the Town Law and Article
IX of the Building Zone Ordinance of the Town of Southold~ Suffolk
County, New York, a public hearing will be held by the Southold
Town Board at the office of the Supervisor, 16 South ~Street,
Greenport, New York~ in said Town on November 2%th, 19%8~ at
7:00 o'clock P.M. of said day, on the following proposals to
amend the Bui%ding Zone Ordinance (including the Building Zone
Maps) of the Town of Southold~ Suffolk County, New York:
1. By changing from "A" Residential and Agricultural
District to "B" Business District the following described
property~
All that certain tract or pracel of land
situate at Mattituck in the To, of Southold~
County of Suffolk and State of New York and more
particularly bounded and described as followss
BEGINNING at a point on the southerly line
of Sound Avenue at the northwesterly corner of
land of Papish said point of beginning being about
380 feet westerly ~ ong said southerly line of
Sound Avenue from the point where said southerly
line would be intersected by the direct extension
southerly of the westerly line of Cox Neck Road;
from said point of beginning running along the
land of Papish south 21 degrees 59 minutes 20
seconds west 32% feetS thence north 68 degrees
10 minutes 50 seconds east 176.20 feet to land of
Sep~oS thence south 19 degrees %2 minutes 20
seconds east 1%25 to land of C. A. Price; thence
north %6 degrees 19 minutes 20 second west 882
feet; thence south 66 degrees 05 minutes 30
seconds west 13% feet to land of Hallock; thence
north 21 degrees $9 minutes 20 seconds west 1309
feet to the southerly line of Sound Avenue; thence
south 89 degrees 13 minutes 50 seconds east 51+1
feet to the point or place of beginning.
2. By changing from "A" Residential and Agricultural
District
to "B" Business District the following described
property:
Ail that certain tract or pracel of land situate
at Mattituck in the Town of Southold, County of
Suffolk and State of New York and more particularly
bounded and described as follows:
BEGINNING at a monument on the southerly
line of Sound Avenue about 180 feet westdrly
along said southerly line from the point where
it is intersected by the direct extension southerly
of the westerly line of Cox Neck Road~ said point
of beginning being the morthwesterly corner of the
land of Sepko and the northeasterly cc~ nor of the
land herein described; from said point of beginning
running along said land of Sepko, south 19
degrees ~2 minutes 20 seconds east 2~8.29 feet;
thence south 68 degrees 10 minutes ~0 seconds
west 176.20 feet; thence north 21 degrees ~9
minutes 20 seconds west 325 feet to the southerly
line of Sound AvenueS then along the southerly
lin~ of Sound Avenue south 89 degrees 13 minutes
~0 seconds east 200 feet to the point or place
of beginning.
3. By changing from "A" Residential and Agricultural
District to "B" Business District the following described
property,
Ail that certain tract or parcel of land
situate at Mattituck, in the Town of Southold,
County of SuffoLk and State of New York more
particularly bounded and described as follows:
BEGINNING at the intersection of the northerly
line of the Main Road with the easterly line of
Wickham Avenue; from said point of beginning
running northerly along said easterly line of
Wlckham Avenue, 19% feet~ more or less; thence
easterly along land now or formerly of Duryee
and along land now or formerly of Conklin
E~tate,~51+ ~eet, more or less; thence northerly
along said land now or formerly of Conklin Estate,
60 feet, more or less; thence easterly along
lar~ of Dries and along land of Hollenbeck~ 97
feet, more or less; thence southerly along land
of Ed.~-d F. Jerome, 26% Feet~ more or less, to
said northerly line of the Main Road; thence
westerly along said northerly line of the Main
Road, 3~3 ~eet, more or less, to the point of
beginning.
By amending Article I~ Section 100 by adding
thereto a new paragraph to be paragraph 9A to read as follows:
9A-FAMILY-0ne ~ more persons occupying ~emlses as
a single housekeeping unit.
By amending Article VII by adding thereto a new
section to be Section 703B to read as follows:
SECTION 70~B - CERTIFICATE OF OCCUPANCY.
(a) It shall Be unlawful to use or premit the use
of any building or premises or part thereof, hereafter created,
erected, changed, converted or enlarged wholly or partly, in
its use or structure until a Certificate of Occupancy shall
Ihave been issued by the Building Inspector. Such Certificate
shall indicate that such building or premises or part thereof and
the proposed use thereof are in conformity with the ~ovisions of
this Ordinance.
(b) Under such rules and regulations as may be
established by the Board of Appeals, a temporary Certificate of
Occupancy for a part of any building or ps rmises may be ~ sued
by the Building Inspector.
I (c) Upon written request from the owner or occupant,
ithe Building Inspector shall issue a Certif~ ate of Occupancy for
!any existing lawful use and occupancy of a building or premis es.
6. By amending Article X by adding~ereto a new
section to be section iO00A to read as follows~
SECTION IO00A - No lot shall be sold, divided, or
set off in such a manner that either the portion
sold, d ivided~ or set off, or the portion remaining
shall have an area and/or open space of less than
that prescribed by this Ordinance for the distr~ t
in which said lot is located.
Any person desiring to be heard on the proposed
amendments should appear at the time and place above specified.
Dated~ November llth, 19%8
By Order of the Southold Town Board
Ralph P. Booth
Town Clerk
(ORIGINAL LFGAL NOTICE I? III THE SACKS FILE.)
$outhold Town Planning Board
SDUTHOLD, L. I., N. Y.
PLANNING BOARD
MEMBERS
John ~X~ickh~rn, Ch~[rrn~n
Harold R. R~zv¢
Hcnr~ Mois~
Alfred Greb¢
Archibald Young RE?O_~T TO: ~O~O~D ~[ ~0~
8o~tboi~ ~ ~ew Zo:~
Gentlemenl
This is to certify that the following action was taken
by the Couthold Town Planning hoard at a special meeting~ November
10~ 19~d.
In the matter of the original petition of Kenneth A. Papish
for a change of zone from "A" to "B" district of his property on
the south si~}e of Sound Ave., Mattituck, and fully described in
the application; it is hereby
REc0LVED: That the Plannin~ Board recommend this change from
"A" residential and agricultural district to "B" business district
on the oarcel described in the application be ~ranted.
This parcel is the same parcel which the PlanninM 5oard had
previously recommended be included with application Of Arnold Sacks
for "B" district upon the Towu Board's own motion. This property
is now a nonconforming business property serving needed services to
agriculture in the Township, and in conjunction with the Yacks property
previmusly recommended would provide a needed business district with
facilities required by the farming industry of the town.
Yours truly
John Wickham, Chairman.
Southold Town Planning Board
-~nUTHOLD, L. I., N. Y.
PLANNING BOARD
MEMBERS
John ~/ic[~h~rn, Ch~lrman
H~rold R.
Henry
Alfred Grebe
Archibald Youn~ ~P~T TO: SOUTHOLD TOWN BOARD
Fouthold ~ New ~ork
Gentlemen;
This is to certify that the followln~ action was taken by the
Planning Board at a special meeting, November lO, 1958.
In the matter of the property on the south side of Sound Ave~
Mattituck covered in the application for change of zone from "A" district
to "B" district mad~by Arnold Sacks and K.A.Paoish, and refferred to
the planning Board ~ the Town Board's ~... ~Mtl~; this propergy, being
more accurately desc?ibed in a legal d~scription furnished by Otto
Van Tuyl & Son dated November 10, 1998 and attached to the application
of Arnold ~acks; it is hereby
HE2OLVED: That the Planning board recommend to the Town Board
that the change from "A" residential and Agricultural to "B" business
district be made on the property included in the legal discription
by Otto VanTuyl & Son dated November 10, 19~8 and attached to the
Sacks aprlication.
The Plannin~ Board is of the same opinion as attached to the original
favorable reoort on the Sacks application - namely - that we feel that
potato storages are very essential to the agricultural industry~ ~ther
they are private o~ned or are built and leased to farmers. The lac~
of proper storage has been a pitfall to the agricultural industry in
the past, and we must encourage such construct on in the future.
Yours very truly
John Wickham~ C ~airma~
SOUTHOLD TOWN CLERK'S OFFICE
Nov. 10, 1958.
Mr. John Wlckham
Chaimman Planning Board
Cotchog ne, N.Y.
Dear Mr. Wickham;
The original petition of
KENNETH A. PAPISR~ of Mattituck, Eew York,
relative to change of zone from "A" Res-
idential and Agricultural District to
zone "B" Business Dlstrict are in the files
in the office of the ~lamning Board at
$outhold~
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 ),our Board.
Very truly yours~
Ralph P. Booth
RPB/mr Town Clerk
CASE NO: ...-~,...~.~.. ...........
STATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF /\ ~_x~ i-) ~ ~ ~ ' /-.
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,. .....rxz~ ...~ .... ::~., ......... , residing at ...C..~ ....... ; ........................................
(insert nome of petitionlr)
Suffolk County, New York~ the undersigned, am the owner of certain real property situated at
~.~,.Z.~¢.~,,..-.Z~'(~.~..~-~.,~, .... and more particularly bounded and described as follows:
2. I da 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.-there°f' as follows: ~ ~/.~.. /',, , /
-- A t
3. Such request is made for the following reasons:
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
................................................................................ 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 (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.
Sworn to before me
this ..li.~'....do¥ of ....~.'~...f...?...~-.:.~'X~, 19...?~.
Notary Public.
DD~SCRIPTION '~ (RFVI?ED) · A~nold Sacks to Papish,
South aide Sound Ave., Mattltuck, N.Z. Oct. 5, 1958
Be~inning at a monument on the southerly line of Sound avenue,
about ldOft westerly along said southerly line from the point where it is
intersected by the direct extentlon southerly of the westerly line of
Cox Neck Road, said point of beginning being the northwesterly corner of land
of Sepko and the northeasterly corner of land of the party of the first parts
From said point of beginning running along said land of Sepko~ S.19' 52'
20" E. - 2~.29 frs Thence along said land of the party of the first part
2 c~urs~a, a~ followsl (1) S. 68, lC' 40,, W. - 176.20 ft$ thence
N. zl' ~9' 20" W. - 32~.0 ft to said Southerly line of Sound Avenue$ thence
along said southerly line of Sound Avenue~ 8. ~9· 13' 40" E. - 200.0 ft
to the point of beginning.
Containing 1.191 acres.
To WM. Wlckham, by Otto W. VanTuyl & Son, Sttrveyors, Greenport~ N.M.
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