HomeMy WebLinkAboutPetrucci, Angelo-Denied WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ..... A~.~.~...*.~.~..~.?.~....~, ..........................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Mops made a part thereof by chang-
lng from ..~.~.~.?...~.~.~....~.'..~.~.,... District to.....?.~_.~.....~-.~J.~...~..~..?..~.,.~..~ ......
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 ...~u.v.~m~e~. .................... 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 ~e~.~.~,,
PUBLIC HEARING
TOWN BOARD
TO~N OF $OUTHOLD
Greenpert, N. Y.
November 10, I~8.
Present :
NOR~4AN E. KLIPP, Supervisor
HE~Y A. CLARK, Justice of the Peace
L~ D~S~, Jus~lee of the Peace
~S~ER A~EP~SON, ~ei!man
RALPH P. ~, Justice of t~e Peace
ROBERT T~, ~Q., To~ Atto~ey
APPLICATION O~ .~QELLO PETRUCCI
SUPERVISOR ~2~IPP: I will open the hearing at this time,
Ladi~s and Gentlemen, by reading tbs notice of hearing on
p~oDosals to amend the Zoning Ordinance.
"Pursuant to Section 265 of the Town Law and ~ticle
IX ef the Building Zone Ordinance of the Town of Southold,
Suf$olk County, New York, a publia hearimg will be held by
the $outhold Town Board at the Office of the SupePvisor,
16 South Street, Greenport~ N. T., in said Town on November
10, 1958, at 7:00 p.m. of said day, on the following pro-
pos$1s to amend the Building Zone Ordinance (including the
Building Zone Naps) of the Town of Southcld, Suffolk County,
New York:
1. By changing from "A" Residential and Agricultural
Dietrict ~o "C" Industrial District the following described
property:
Ail that tract or parcel of land, situate lying and
being at Peconic, in the Town of Southold, County of Suffolk,
and State of New York, bounded ~nd described as follows:
On the North by land of Tisdale 370 feet. and Sound ~venue
56G.feet; on the east by land of Smith and Long Island Produce
& Fertilizer Company lOBO feet; on the South by land of Case
875 feet and on the West by land of Stepnoski ll60 feet and
Tisdale 250 feet.
2. By changing from "A" Residential and Agricultural
District to "C" Industrial District, the following described
property:
All that tract or parcel of land, situate, lying and being
at Southoid, in the Town of Southold~ .County of Suffolk, and
State of New York, and more particularly bounded and described
as follows: A tract of' 3-1/2 acres seuthwemterly 1500 fee.t
from Kenney's Road and 700 feet southeasterly from Sound V-iow
Avenue, and beginning at a p~in$ on the northwesterly line of
Long IslD~d Lighting Company easement 493 feet southwesterlY"
from a 50 foot right-of-way running southeas$erly from Sound
View Avenue, z~nning thence southeasterly along land of i~ving
Latham 139 feet, thence southwesterly along land of
Y27 feet thence northwesterly along land of Zaveski 287 feet,
thence northeasterly along land of Manning, and the north-
westerly line of Long Island Lighting Company easement 720
feet to the point of beginning, dimension and area being
approximate only.
3- By changing from ~'A" Residential and ~ricultural
District to "C'~ Industrial District, the following described
property:
All that certain plot, piece or parcel of land, situate,
lying and being at Southold, in the Town of Southold, County
of Suffolk, and State of New Tork~ and more particularly
bounded and described as follows: Consisting of two parcels
on the 50-foot right-of-way rubbing southeasterly from Sound
View Avenueat a point l~00 feet southwestefF from Kenney's Rd.
PARCEL L
Contains 2.B acres and begins on the northeasterly
line sf said 50 ft. right-of-way BO0 feet southeasterly fr~m
Sound View Avenue and runs thence northeasterly parallel to
Sound View Avenue 195 feet; thence southeasterly along land
of John Charnews 585 feet; thence southwesterly along Long
IslandLighting ~ompauy easement 170 feet.; thence northwesterly
along~said ~ight-of-way 1080 feet to the peimt of begin~_ing,
dimensions and area being approximate.
PARCEL II
Ce~atains 5 acres mnd begins on the southwesterly line .~
sf sai~ right-of-way at the northwesterly line of Long
Island Lighting Company easement and 830 feet from Sound
View Avenue and ~ns thence northeasterly along said right~
or-way 245 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 northwesterly along land of Nodgins 360 ~
feet; thence southwesterly along land of Hodgins 370 feet;
thence northwesterly along land of Case and land of G. W.
Smith & Sons ~70 feet; thence northeasterly along She north-
westerly line of said Long Island Lighting Company easement
497 feet to the point of beginning; dimensions and area
being ~pproximate only.
4. By ch~ging from "AC Residential and Agricultural
district to ~C~' Industrial district, the following described
proper~y:
Alt that tract or parcel of land, situate, lying and
being a~ East Marion, Town of Sou~hold, Co~mty of S~ffolk
and State of New York, and more.p&rticularly bounded and '
described as follows: On the morthby land of Guimaraes
appr~ximately l~R.~0 feet, on the emst b land of Irving
Latham approximately 516~78 feet; on the south by land of"
Irving ~LatDam approximately l~l.2 feets and on She west by
land of~Ed~rln H. ~King, approximately 500 feet.
· ' 5. By changing from "A~ Residential and Agricultural
district to "~" Multiple Residence District, the following
described property:
All that certain plot, piece of parcel of land~ situate,
and being at Fishers Island, in the Town of Southold, County
of Suffolk, and State of New York, and more particularly
bounded and described as follows:
On the north by land of Henry Zabolowski; on the east
by land by land of Katherine Stone; on the south by Nad~lime
~enue, and on the west by land of George Griffin.
Any person desiring to be heard on the proposed amendments
shomld appear at the time and place above specified~
Dated October 21, 1958.
By Order .of The Southold Town Board
P~lph P. Booth., ToE Clerk.
I have an affidavit of publicatimm..
Ne will take these as they are dated in the notice;
the first beir~ the application of Augelc Petrucci. The
request is made for the following reasons: this pz~pe~ty
is no~ a non-core_forming use in an ~A" .District: a sand,
gravel and fill pit operation; and as a non-conforming use
I am limited and cannot expand my operation as needed.
I wish to have the property zoned "C" Industrial so
that Full use can be made similar to my competitors in the
same business.
.This application is made in line with the Planning Boar~'~
~.$~v~ of sand, gravel and fill pit operation and operatorts
desires. This is signed by Angeio Petrucci.
At this time I will read you the report of the Planning
Board: Gentlemen: This is to certify that the following
action was taken by the Southold Town Planning Board on
Sep.~ember 16, 1958.
In the matter of the petition of Angelo Petrucei for
a change of zone from "A" Residential and Agricultural
District to "C" industrial D~lstrict certain real propebty
sitU~ated at Sound View Avenue, Peeonlc, bounded and described
as ~ollows: On the North ~y Tisdale B?0 ft. and Sound View
Aven~e 560 ft. ~- on the East by Sm~ith and Long Island Produce
and Fertilizer Company camp 1030 ft. -- to the South by Case
875 feet~ and to the West by S~epnoski ll60 feet and Tisdale
250 feet.
It was the determination of the Board to '~Recommend
that the above be granted and in view of the fact that this
Board has made an extensive and exhaustive study of the .....
sand and gravel pitoperation in our town, we feel that this.
action ~s in the best interest of the Town of Southold."
This is signed by John Wickham~ Chairman, Somthold
Town Planning Board.
Tom have heard the recommendation of the Planning Board
at this time. At this time is there any person ~ho wishes.to
be heard in favor of the change of zone in this matter?
(There wam no response.)
· SUPERVISORKLIPP: ts there any person who wishes to
be heard in opgosition to?
FF~EDEP~IC P. ~H,. ESQ.: Mr. Supervisor, all three
pie6es of property of Smith, Pet~acci & Latham ape adjacent
to each others The letters I have here I would lik~ to .make
part of the record, are in protest to the creating of a
change in zon~, Md I will file them with the 01erk at this
time o ·
{Letter~ in opposi$1on were received from the following
and deeme.~pa~t of the record)
:Nr'. & Nrs.:Henry Netzendorf - Southold
Geo~ge ~ Bernadine Polykranas, Seuthold
Cecil and Rose Klo£ko~n, Southold
'.~me B. Collier, Southold
..W.~'J~ & Florence RoWe, Southold
· John and.Sarah Purtel~ Southold
· EdE~r.~ ~rga~et Blyd~bBrgh, Southold
~mtmd & Josephine Gaughran, Southold
F~ilton L. Epp, Southold
6~narles ESsman, Southold
L~ster Oidford, Southold
John & Gizel!a Elier, Southoid
Mary Burek, Peconic
Jerome & Edna Guerin, Southold
Peter Delyouis, SOuthold
George M. Tisdale, $outhold
Clifford Mamuing, Southold
Helen & HmnryWhite~ Southold
Helen & Edward A. Wisbaue~, Southold
Dr. Louvia Willard, Southold
D~ John W. Wallace, Peconic
Beatrice Nodgins.~ Southold
SUsan Hodgins~ Southold
Vincent Vero~ Peconic
Ru~h & Bernard Heilbrow, Southold
MarJorie & Elliot Meyer, Sou~h0id
Sylvester ~ Millie Smith, Southold
Charles V. Hiekey, Southold
AlFred F. Weiman, Peconic
Ida Nockler, Peconic
Thomas Bell, Peconic
Vito A. Cardu, Peconic
Henry Metzendorf, Southoid
George & BePnardine Poiykranas, Southo!d
Cecil & Rose Klofkorn, So~t~old
MR~ RIOH~ .~r~.Supervlser, and members of the Board,
I think ~erhaps the best way that I can start would be to
indicate the property owners who are the adjacent property
oWners who have asked us to appear for them in opposition
to this application which is that of Fr. Petrucci~ as
well as the other two applications which have been mentioned
and which encompass applications, l, through 3. So with
the permission of the Board, I would like to address my
remarks actually to all three applications.
We have submitted to the Board a memorandum which we
have prepared, which sets forth certain legal matters as
well as factual matters that we hope the Board will take
into consideration in its delib~,ration. In the last, er
rather the third from last ~.~age of the memorandum is a
statement of the property owners on whose behalf we appear.
10
i ~hink~there are some twenty-two property owners. They
comprise a very large majority of the property owners
adjacent to ~he parcels in question.
(Mr. Rich read the folloWing names):
~. Thomas Ward
Dr. Willard
Theodore Bittner
Alfred F. Weimann
W. J. Kiener
Henry Lytle
Ida Nockler
John Meads
George M. Tisdale
John W. Wallace
Rosalind Case Newell
Olifford Manning
Arnold L. Larsen
Vincent V. Vervo
5~ryBurek
Dr. Myron Gordon
Elliot Meyer
Claude Hodgins
Julia O. Bell,
J. H. Rich
Louise Day
ll
,~:~. RICH: Nowj since we have compiled this, what we
called a partial list, we have heard from other people
:;.-...!.. and I.~onder whether at this time lt..would be appropriate,
Mr. Supez~,isor, to ask whether there are any others here
who would llke to Join in our presentation.
(The following persons indicated that they would lime
to Join in the presenSmtion~)
Mrs. Simon Berg
Mr. & Mrs. Arthur Gagen
Mrs~ Sidney Smith
~. & Mrs. James P~ M~rray
Mrs. DePaz
Helen Brush~
MR. RICE: Mr. Supervisor, I know from the addreases
which have been given that most of these people are
obviously property owners in the area.
In addition, I undersSand that there is an additional
list of names which Re will ultimately give to She Clerk
so they can be recorded.
If I may, Mr. Supervis~r~ present the argument of the
people that we have been specifically asked to represent
at the hearing, I would like to do so at this time.
SUPERVISOR KLIPP: Go right ahead.
~. RICH: ~ there has been submitted to the various
members of the Board not only the llst of the n~mes of the
property owners that ~e have been asked to appear for in
opposition to the application, but there has also been
annexed to that memorandum two maps, one is a darker colored
map, which is toward the emd of the memor~ndum~ which was
prepared by the person who made the official map in the f~rSt
place, ~r, Otto Va~ Tuy~& Son, whic~was taken directly from
the zoning map, and which shown that the a~ea which is
involved here is essentially a residential and farming area,
with a few spots in the area which have been set aside for
business purposes, not industrial purposes~ which the present
applications requeet, but business purposes. They are in
the area around Peconic property itself, which has been a
long time business zoned. There are a few other little areas
in here~ such as Steve Doroski's vegetable stand, ere.,
which were in existence for many years, which were quite
properly classified as business areas on the Zoning Map
when the Zoning Ordinance was first adopted.
This map, I might say, also drawn in in pencil indicateS
the areas ~nich we are now here concerned with that are
included in the applications 1 thru 3. Application ~ consists
of two parts so that altogether there are four areas involved
in the application. · ·
Bu~ as the map very clearly discloses there are pockets
in the total area which is zoned for residential and far~ing
with these~w exceptions in B~siness Zones.
eve9 the page on the second map that was also prepared
by 0$to Van Tuyl & Sons from the tax map, the tax map is
a little bit out of date, and therefore, we did not hawe
the memos of the people who are actually the property
owne~rs. I think when you add up the list which has been
given you will find we have practically all the property
owners that are adjacent or contiguous to the property in
question were opposed to this application. Here again we
have indicated on the in bold outline the particular
map
properties that are involved, and here again it shows these
are Just pockets in this smaller area. The area in the
tax map is a little bit smaller than the area on the zoning
map which we have reproduced.
Now, we don't llke to appear in opposition to anything
that is a constructive application, but we feel in the first
place that here the applications -- and when I say applications
I refer to all three -- are in the ~ght chumch but they are
in the wrong pew. They are appearing before the Town Board
which is at this particular sitting a legislative body charged
with the adoption of the ordinance and the modification of
that etd/hartco which is a matter of law. This is not the
Board of Appeals, the Board 'Which is set up under the
Ordinance to hear all the cases of hardship. If, for example,
as the Supervisor has already stated in his opening statement,
there is a need for the extension of the use of these proper-
tie~~ as Sand pits, the proper place to go is the Board of
Appeals, not to the legislative body, which is here sitting~
the Town Board. Their remedy is clear. If there is a
reason .why that extension of the use of the property should
be granted, it is clearly a matter within the province of
the BOard of Appeals, not the legislative body.
Now, when I say that I am not speaking only as a matter
of logic, or what is wise, or what should be the policy of
the Community; I am speaking in terms of what is legal.
In t~his memorandum which we have prepared, we have cited
three!cases, all of them right in poi~nt. One of them was
decided in the Court down there in Nassau County. I think
it involved the To~n of Oyster Bay, and in that case there
was a very similar application made to the legislative body,
the To~m Board, in which the applicant~requested a re-zoning
of an area within a larger area, Just this year, for some
other purposes which ~ere then prohibited. The Court held
that that was not only a matter which, in that case I might
say the Town of Oyster Bay granted the application for a
re-zoning, and it was taken to the Court, and the Courts held
in thtt case Santmeyers v. Town of Oyster Bay, and it is
citediin this memorandum that we filed, that they constituted
what they called "spot zoning~'~ Now, spot zoning, they said,
is not a matter for a legislative body to pass on; that is a
matte~ for the exception to be granted by the Board of Appeals
if in a particular case it is a hardship fer the individual
proPertY oWner not to be able to use his property the way
he wants to. And if he is prohibited from that use, then
according to this case Shat I have .Just cited, which is the
law, ~he appeal is to the Board of Appeals and not to the
legiBlative body~ the Town Beaz~, to decide~ because
othePWise, you see what happens~ every time that anybody
is dissatisfied with the use of the property they have to
come ~to the Town Board, argue their case, and the result is
that -the To~n Board becomes, in effect, the Board of Appeals.
That ~s ~why you did act in this original o~dinance creating
the Board of Appeals. They are the ones who ought to decide
on th~is, if there is any hardship. They are the ones that
shoul~i decide, I don~t say that they should not have any
sand p~ts here, s~d as a matter of fact, I think under the
ordinAhce as it now exists in all these properties where there
were ~nd pits at the time this ordinance was adonted~
you all very well know, there is an express exception which
says:i~f'there is an existing use at the time the ordinance
is add, ted,. the property owners cannot be deprived of that-
use. ,St least, as far as the first application is concerned,
and w~h has been ~ead by the Supervisor, they are asking
for so~thing which they already have the right to do, in
other ~r~s, to mae the property for the purpose which it
alwaysl has been used for, as a sand pit. There is no need
forithe present application.
Now, you might say: why is it that it is necessary
to make the application? Well, it isn't actually, except
they perhaps misconceive the way the statute has bee~ drawn.
But iWhy should they make the application? There is a good
reaslon why they shouldn't, because if this is zoned as an
indUS~rlal area, there is no limitation on the use, any
indus~rial use includes a lot of. things that may very well
be o~oxious to the people that live there, and I think that
is w~y you have some 22 people that have Joined in this brief
and ~eme great number, 25 people more, that is a total in
thisiarea, that is about all the people that live there as
far As I know the area. That is why they have come forward
and ~bJected. .
'SNow, we don~t know what other use they might make of it
once!it was zoned for an industrial area, but in substance,
indu~triai for almost aDj use. For instance, there are
many ,ithought in this, that they are afraid that it is going
to b~ ~s~d as an asphalt plant. To make asphalt you have
to h~e either a bed like down in Trinidad where they have.
a l~ or an original deposit of asphalt in the soil, or
you h~ve to have an oil refinery, which we don't have~ and
they ~re now using something that is really the dregs of the
r~finer~-. Now, you don't manufacture, asphalt, but you
oil
can t~ke the dregs of this oll refinery and put them out
in the air, and add a little lime dmst, and that is black
top. It is net asphalt manufae}~r!mg~..but it is asphalt
processing. What haDpen~ if there be a .plant of that type
put up? They have a right to do everything;, they have
~eclaSs~fied this zone as industrial. In the memorandum
we haye the'sworn affidavit of Alfred~F. Weiman who was
formerly assistant to the President of the Barber Amphalt
the largest producer of asphalt in the world, who states that
you have'these particles of the biproduct of the process going
up ih~ ..~he a~r and spreading around~ a~ community, not only
discOlbring the houses there and everything in the houses~'
to m.~e it sort o~,we!l, like a Pittshur~hkind of place.
Apl ~where you would not want to live. But also it is~.
some~ing that is very obnoxious so far as smell is concerned.
~d t~% guy that is on the lee side where this operation is
goin ~n is going to get it, and beliewe me, there are not
many ~ople that are going to want to live in the immediate
vicin .y of a plant of that sort. And that is why it is
that ~ese 22, plus 25, that is ~7 property o~ners in the
area ~ve come forward a~d have objected to the use of
this so,ce as unlimited industrial area, a pocket in the
middl~ii~f the area, which is essentially residential~
essen~f~lly a farming area.
~e is what Judge Christ of the Nassau County Supreme
Court .id: There must be no piecemeal ~earing away of the
lB
prOteCtiOn of the ordinance. This~is an ordinance the same
as ours. This is spot zoning, the character of which cannot
be sustained.
'Now, those are not my words: they are the Court's words.
So that this is the wrong place to be. If there is any
hardship; iF they want to do something besides putting up'
an asphalt plant or something that is objectionable, they
can always go to the B~ard of Appeals to get a variance,
i if they need one. No one has stopped them. They h~ve been
'i
going on for the last two years as operators of the sand pit.
It is not an unusual thing, but we would not .want to give
them a blanket permit to go out and sell this thing to
some other fellow at the other end of the island who would
come out here and put up a plant, who is going to make some
moneT by making the neighborhood a pretty bad place to live
in.
SUPERVISOR KLIPF: Is there ar~- other person who
wishes to be heard in opposition to the application?
ELLIOT M~ERS (Sound View Avenue, Southold): if the
zoning classification along Sound View Avenue is changed
not only will it impair the property values, but if the
· zoning classifications are changed, give the majority of
the property owners that will destroy the very principle
of having zoning.
: SUPERVISOR KLiPP: Is there any other person present
.' who wishes to be heard in opposition to the application?
19
ARTHUR GAGEN (Southold~ N.Y.): Each one of these
parce~ls, i understand, were purchased for the purpose ef
t~king .fill or s~nd out. No one has stopped' them from .
taking sand or Fill, and I ~m sure no one is going ~o try
to stop them if they are going to dig real deep, and as
long as they are not being deprived of the p~ose they are
using that property for, for a lifetime, and I don't S~e
why ~eY should ask for something industrial in use~ in
lineiwith what they are now doing.
~ ~UPERVISOR~KLIPP: Is there any person who. wishes to
spea~ in favor o£ or in opposition to this Fetrucci application
~There was no response. )
,SUPERVISOR FJ~IPP: Hearing none I will close the hearing
on the~ Petrucci matter at this time for further deliberation
of the Board.
On motion of Mr. Tmthill, seconded by ~r. Albertsen,
and .~nanimously carried, the application of Angello Petrucci
to a~,end the ~oning Ordinance was denied. All voting "aye."
PePs°ns opposed to the application:
Mr. & Mrs. Henry Metzendorf, Wesland
Mr, & Mr~. Sylvester Smith, "
M~% & N_rs. Charles Hickey
~4r. & Mos. Wm. LaVille
Mr. & ~s. Peter Delyanos
Mr. ~rs, Een~ White
Mr~ & Mrs. J~es Mura-
ls. ~yce
~ss Kennedy
Mr. ~ ~s. Simon E. Berg
~. & Mrs. ~thur Gagen
~. & B~. Be~a~d Heilb~n
~. & Yxrs, Jo~ Pl~b
Mr. & Mrs. Guerrin
~r. & Mrs'~ ~rtell
Mr. & Mrs. Gaugh~
Mr. & Mrs. ~rblo
Mr. & ~. Font~
~. ~ ~s. Norris
Mr. & Mrs. Clark
Mr. ~ Mrs. ~lton Epp
~. & ~s, Dillenbeck
Mr, & ~s, Ceck
~. & ~s. Eller
REPORT TO: Southold Town Board
Southoid, New Tork
Gentl e-men:
This is to certify that the following action was
taken by the Southold Town Plar,_uing Board ob Septe~?oer
in the matter of petition of Angello Petrucoi For a
change of zone i~om '~A~ Residential and Agricuitur~l Dis-
trict to "C~ i~dustrlal District certain real p~operty
situated at Sold View Avenue, Peconic, bonded and des-
cri~ed as follows: On the North by Tisdale 370~ and
View Avenue 5607 - on the E~st by S~ith and L. I. Produce
Fertilizer Co. C~ 1030~ - to the South by Case 87? ~d
to the West by Stepnoski ll60~ and Tisdale 250~. It was
the deregulation of the Bomrd
Eeco~mend tb~t the above be granted and in view of the
fact Sh~t this ~B~d. ~s made zn extensive ~d exhausted
study:of the S~8 ~d Gravel P_~ per~cn~ in o~
we feel that ~his ~"
~c~zon i~ in the ~st interests of the
Town oF Soutb6~d._ ,
Yours. ve~ truly.~
SOUTHOLD TOWN CLERK'S OFFICE
Sept. 10, 1958.
~r. John Wickham
Chairman Planning Board
Cutchogue, N.Y.
Dear M~o Wickham;
The original petition of
Angello Petrucci of Bay Ave., Cutchogue2 N.
relative to change of zone from "A" Resmdential
and Agricultural District to "C~ Industrial
District, and original petition of William H.
Sorenson, of Village Lane~ Orient, N.Y., rel-
ative to change of zone from "A" Residential
and Asricultural District to "M'~ Multiple
Residence District, are in the files in the
office of the Planning Board at Southold,
You are instructed to prepare
an official report defining the conditions
described in the petitions and determine the
area so effected with the recommendation of
your Board.
Very truly yours~
R~lph~IP. Booth
RPB/mr Town Clerk
CASE NO: ..............
STATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETIT[ON OF ~e']'l~.
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:
l. I,. ........ ~.~.~,~,.~......~.~.t~.l~t.~i .............. , residing ct ...~..-~VI~...C[uto]:I~I~ ............
(insert name of petitioner)
Suffolk CounW New York, the undersigned, am the owner of certain real property situated at
...~e.~..¥1e~..&~r,~,.L.:.~.tc~T~...3?~n&,~ ore--~-~ ,, ~ particular[y~r~ ~,~ bounded and described as follows:
On the North By: Tlsdale and $~t~d~/~iew Ave
1030 ft
On the East by : ~mith and L.i. Preduee & Ferterlizer Co-Ca~l~
on South by : Case 857 ft
ll60 ft 2~0 ft
On West by : Sepenoski and Tisdale
N~re particularly described by the attached map
2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend
the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the
Building Zone Maps heretofore made a part thereof, as follows: By O]:b~:J.z~g fro~
"A" re~ide~tial amd agrieult~ral distriet te "C" industrial district
3. Such request is made far the"following reasons: ~JLS ~ro[ler~t ::TLs ~10~'
c~or~ ~e in ~ "A" district: A s~, grail ~d fill pit
operation~ ~d ~ a non c~o~g use I ~ l~ted ~ c~
exp~d ~ operation as needed.
Y wish ~ ~ve the property zoned "C', ~dustri~ so t~t
f~l~ use c~ Be m~de s~ ~ ~ eo~etito~s ~ t~e s~e bus.ess
This application is made lm line with the Planning Board,s
survey ef Sandm Gra~et, and fill pit operations and operators
desirese
STATE OF FlEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
the petitioner in the within action; that he has read the foregoing Petition and knows the con-
tents thereof; that the same is true to his finer) own knowledge, except as to the matters therein
stated to be alleged on information and belief, and that as to those matters he believes it to
be true.
(L. S.) ....... !~,..~.' ........ ~.~C..':~..: .......
d
Sworn to before me
this ............ aov o I
";: ~2, ~ '
"''~ rr";%~;~eg~ to ~zm Dro~ose¢ change .of zone and discuss it
::, , By recues~ of the
,
HAt~[:)LD R, REEVE ~
MATTITUCI~, LONG iSLAND
T~LSeHa.$ MAWr,TUCK
1957
Mr. Jehu Wickham~ Chairm~u
Southold Torn Piann-Lug Board
Cutcho ~o_e~ N.Y.
De~r John:
Otto ~nd I visited the Angelo Petr~cci site yesterday
~nd zrrive~ at t/~e foil~ng solution to their request:
Emtaud ~he easterly liue of their prope_rty to a point
on the southerly side of Bay Ave~uue ?nd run a parallel line with%
the west line or boundary of the Mason Development to the canal.
at the south.
You w-ill notice that we only go to the canal; enclos-
Lug map for your study.
I ts~ked with Mrs. Pet_~cci yesterday ~ud we told her
v3nat as t2ue cottages she has b~ve practically all been b~il~ prior
to zoning, there would be no need of chauging the_~arcel #l (north
side of Bay Avenue) to B as it was non-conforming property now and
should they change to B and sell a bungalo: the new owner could
erect a ste~ or anything ~siuesslike and they or we couldn't stop
it.
I hope this is right for~. as I understand it~ non-conform-
Lug me~us it carries on as it was before zoniug.
Sine erely yours,
Harold H. Eeev@, Secretary