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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