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HomeMy WebLinkAboutPfeffer, Martin~t - ~ . ~- · . ,.~ ,~. - ~ .Tel. Yaphank ~-B~51 - .' County of 8uffe!k !;':'' ",' ' ' DEP.~RTMENT OF PUBLIC WO~ .- R. M= Kamme~er-~ Commissione~ ~.'., . ". ' :" Yaphank, New York 11980 ,', ~ste~' C. Eckart Wil!i~ -~..- Depu~ Comissione~ Chief Engineer · , :~: .... ,:.i '" ' -. '" . . . , ~ .~ ._/.. ~-. r,./_ ~ . -~ ' ' ' ..... D~_~ ~ 1 1971 ·" P.O.: Mox ~g : ':" .... :', .' ' ' .. ' ,:5.'"' ., --' :Dear Sir:.. ' Re: pe~ ~. 101~7 ~-. ,'-. :,. . - , County P,~aci ' Middle ~ad. CR 27 .-,., . . -_, ,=.,.. ,'.. . ;.-' . -- .... , . --,:' ' ' ""-' , . '- ~ ~cnd N~. 55 5q lO to cover wo~k .; - . .~ .'~- .. . . · on thi,~ permit ~. her. e~i~h .- .. ., ,~. [~ ~is ig to advis~ y,~u that ~ork d~ne unde~ the above captioned :~. "' " permit has been inspected an~ found fo' be cempieted in a manne~ sat/s- ~ factory to this department. Very t~uly yours, '- ' William S.~tsunaye, Jr} ... .- '" Chief : WSM: ~JS: ee ,,- Ene, _ : '' . ce: Bonding Co. = Peerless Ins. Co. , Ke~ne, N~ Ha~shl~ .. Building DeptZ~m of Sotlt~ld =/~ ' PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD February 21~ 1963 Pr e s e n t : LESTER M. ALBERTSDN~ Supervisor HENRY A. CLARK, Justice of the Peace P~ALPH W. TUTHILL, Justice of the Peace LOUIS M. DEMAREST, Councilman CORWIN C. GRATPEqOHL, Councilman ROBERT W. TASKER, ESQ., Town Attorney ALBERT W. RICHMOND, Town Clerk 2 SUPERVISOR ALBERTSON: I will open this public hearing by read- · ng the legal notice and affidavit from the publisher. "LEGAL NOTICE, NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold~ Suffolk ~County, New York, public hearings will be held by the Southold Town Board at the o~fice of the Supervisor~ 16 South Street~ Greenport, N~w York~ in said town on the 21st day of February, 1963, at 7:30 o'clock in the evening of said day~ on the following proposals to amend the Building Zone Ordinance (including t_he Building Zone Maps) of the Town of Southold, Suffolk County, New York° "I. By changing from "A" Residential and Agricultural District to ~'M'" Multiple Residence District the following described property: "All that certain tract or parcel of land situated at Greenport~ in the Town of Southol~ Suffolk County, New York~ and more particularly bounded and described as follows: '~Beginning at a point on the northerly side of Nokth Road (Middle Road) where it is intersected by the easterly side of land now or formerly of Carey Swain~On; thence along said last mentioned land the following two (2) courses and distances:- 1. North 23~21'40'~ West 125.87 feet; 2. North 26°07'00"' West 565 feet to the high water mark of Long Island Sound; thence easterly along said high water mark to a point where it is intersected by a tie line from the preceedin9 course having a bearLug of North A4° 00' East and a distance of 160 feet~ thence South 26°07'00'' East 734.2~ feet to the northerly side of North Read (Middle Road)~ thence along t~e n~herly side of North 3 Road (Middle Road) Sou~ 58© 48' 20" West 157.13 feet to %he point or place of beginning. "Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. "DATED: January 29, 1963. BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICt~4OB/D, TOWN CLERK." "STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: "Fo Langton Corwin being ~dly Sworn says that he is Printer Publisher of ~ne SUFFOLK TIMES, a newspaper published at Greenport, in said county; and that the notice~ of which the annexed is a printed copy~ has been published in the said Suffolk Times once in each week, for one week successively commencing on the eighth day of February 1963. /s/ Fo Langton Corwin. "Sworn to before me this 8th day of February 1963. /s/ Cornelia C. Keogh, Notary Public." SUPERVISOR ALBERTSON: I will now read the report from the S outhoid Town Planning Board. "R~port to: SOuthold Town Board, 16 South Street, Greenport~ New York~ January 18, 1963, Gentlemen: "This is to certify that the following action was taken by the Southold Town Planning Board on January 15, 1963: "in the matter of the petition of ~artin Charles Pfeffer~ 174 S. First Street, Lindenhurst~ New York, for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at Greenport, Town of Southold, County of Suffolk and State of New York= beunded and described as follows: "BEGINNING at~a point o~ the northerly side of North Road (Middle Road) where it is .intersected by the easterly side of land no%~ or formerly of Carey-S'~inson; thence along said last mentioned land the following two (2) courses and distances:- 1. North 23°21'40" West 125.87 feet~ 2. North 26°07~00'' West 568 feet to the high water mark of Long Island Sound; thence easterly along said high water mark to a point where it is intersected by a tie line from the preceeding course having a bearing of Nor:~ 44© 00' East and a distance of 160 feet; thence South 26°0~£00'~ East 734.24 feet to the northerly side of North Road (Middle Road); thence a~ng the northerly side of North Road (Middle Road) South 58°48~20" West 157013 feet to the point or place of beginningm It is hereby '~RESOLVED that the Planning Board does not recommend favorably to the Town Board the change of zone from "A" Residential and Agricultural District to ."M~ Multiple Residence District heretofore described. "The Planning Board feels this proposal would be spot zoning and would not fit in with the general character of the neighborhood. The property lies approximately 500 feet or more further east than the nearest "M'j Multiple Residence District and therefore would not conform with the overall area. "Respectfully submitted~ /s/ John Wickham~ Chairman, Southold Town P/arming Board." SUPEI{VISOR ALBERTSON: ! have a letter from Cary Mulford oxley which I will read. '"840 Edgemere Lane~ Sarasota, Florida~ January 10~ 1963. Mr. 5 Archibald Young, Old Shipyard Lane, Southold, L.I., N.Y., Dear Mr. Young: "We own the property on the Sound immediately west of the property sold by Mrs. Francisco to Mr. Martin Pfeffer. i have been coming to Southold since 1917 and have many cousins there~ including Elsie Wolff and Ruth Glover. "We received a letter from Mr. John Wickham, dated October 15, 1962, asking for our reaction to a change in zoning from "A" Residential to "Mu!title Housing" on the Pfeffer property. We answered this imraediately~ stating that we were strongly against it and requested that we be notified of any hearings on the matter~ We have never heard further from Mr. Wickham. "Since you are also on the Zoning Board, we are writing to ask that you vote against this cha~ge. ~e feel that it would qreatiy depreciate the value of our property, though we doubt if it would reduce our taxes. I'm sure you know how we feel~ since your area is also residential, and I'know you'd hate to have motels get started in there: "We will appreciate anything you may be able to do in our interests. "Sincerely, Cary Mulford Ox!ey." SUPERVISOR kLBERTSON: Is there anyone present who wishes to speak in favor of this proposed change in zoning? MR. MART/N C~LARLES PFEFFER: ! had expected to have my attorney here but he is unable to since he is on vacation. 6 i have spent some time in this area and I would like to move out hare. We bought the property from Mrs. Francisco and she said she would definitely have no objection to any type of zoning we would request and under those circumstances it propelled me to go along with this. I spent a great deal of money and feel it would be a benefit to the community. I would not want a two by four establishment. I will definitely conform with any type of building ordinance you have and try to make them even better. There is a sketch in the file as to what i wanted to put in there. I am a resident of Suffolk County and my wife is a former resident of Greenport. We would do our best to conform with anything the Board would require. I will definitely join in with the con~uunity and work along in any way I could. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak in favor? (Tkera was no response.) SUPERVISOR ALBEI~TSON: Is there anyone who wishes to speak in opposition? STANLEY S. CORWIN, ESQ.: ! am an attorney in Greenport and I speak in opposition on behalf of a number of property owners in the vicinity, Mro and Mrs° Robert DeTray~ Richard Oxley~ Frederick LePorin~ Jr., Edward Pasquale, Lee Gordon. These people o~rn land west of the Pfeffer property and between there and the "M" district to the west. Mr. LePorin lives in Garden City. Mr. L~Gord~adoes too and he is in Florida. Mr. DeTray is a resident~f Pennsylvania. It seems so often these applications come up and these people are summer residents and are unable robe here and they ask me to come and 7 say a few words on their behalf. I realize the Board sits here tonight because the law requires a public hearing must be heard° This one is made in an area where mince the zoning ordinance was adopted there have been already a nu~zber of individual single parcels down-zoned from "A" to "B" in one case and "M in several others. The map which I would like to leave with you records the history of the zoning in this area. You can perhaps see it from where ! stand. The Blue area was zoned business when zoning ~as adopted and before the zoning ordinance was generally amended to provide for an "M" Multiple Residence zone. Thereafter there was a spot at ~he head under application to be of Chapel Lane/placed in the "B" zone. it Was turned down by the Planning Board and this Board on the grounds the area involved was too small. After they provided the "M" zone the application was ~hen renewed and simultaneously with the two green areas in 1958 granted. The orange zone shown adjacent to the green was done ~ January 1959 and five months later the "M" zone in the Maroon was granted. The present application is in red. I think this map indicates a history of the area and the statute says the basis of zoning is comprehensive planning~ The history of the down-zoning in this area has been one of a complete lack of a comprehensive plan. in preparation of the remarks tonight I looked at all the applications and particularly the attitude of the Planning Board, influenced as to whether to approve or disapprove on the need of motels° In every one of them they told the Board they were going to put up a motel. Some had plans~ some had specifications and only one case went on with it. Now 13 acres to the west of this property has been zoned to "M" without any motels whatever, includin~ ~ne first oM made one year aftsr zoning. It is significant that the people who made the applications were people who were in a position to do what they told the Board they were going to do. The~e is one "B" Business zone held by tbs two Lev±n boys who have the Sound Shore Motel. They have a very nice opera%ion. :They indicated in an application for the "B" zone that they were going %o put a motel up to expand the present one and in meantime expand their present area ~wice. With the exception of Mr. Molin none of the psople have done '~hat they said they were going to do. if ~he attitude of the Planning Board is of any significance it seems to me that if the desire of the Board is to make some acreage available for motels enough has been done alraady to accomodate the needs for many years. I think Mr. Albertson, that you will fibrin the file a letter forwarded to you from Mr. Gillispie from Mr. DeTray. W~an he bought the property he did he bought it with the idea he knew there was a zoning ordinance out here and he felt this was something that ~as going to stay the way it was. He felt -when he paid the money for the property he was going to have some protection against down-zoning, i think ~hat is something everyone is entitled to when he buys in Southoid Town today~ particularly when the Zoning Ordinance is so new. If there is any comprehensive planning in the manner in which this was laid out and the rules to be applied, if it is to be amendeda and d~n-zoned people are entitled to know about it in advanca. On ~ehalf of these people who cannot be here tonight I request that you give consideration to the change in accordance with the comprehensive plan and urge you deny this application. SUI~RVISOR'ALBE~TS~N: Is there anyone else 'who wishes to speak in opposition? (There was no response.) MR. PFEFFER: I can go along with the attorney, but what other people have done there is not my fault, if someone asked for this and didn't get it~ that is their own doing, but if the Board wishes to go along with my zoning they can do it so that my 'B" zone is for me only. if I do not comply with what I say I will do you can have it ~ my name only and take it away. I would gladly go along with that: I think the attorney is using past things against my application. Actually~ as far as people buying anything and having protection, anything stands in the way of progress, with that in mind Ihope the Board will accept my application. SUPERVISOR ALBERTSON: As far as your suggestion is concerned I must answer that~ it cannot be done ~ you suggest. W/~en we talk of rezoning we talk of land and not people, if we make a change of zone it goes to ~e property and not the owner. It is legally impossible to do as you suggest. SUPERVISOR ALBERTSON: Is there anyon~ else present who wishes to say anything one way,or another with regard to this application for a change of zone? (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will close the hearing for the further deliberation of the Board: -I~ II~~, ~o~ ~s~l~a~q ~ P~O~O~L ~O AM~ Purs~n~ ,~ Sg~ion ~66 of t~e STATE 0F ~W YORK, To~ LaW and A~ele ~ of ihe~ COUNT%' 0F SUFFOLK, ~uH~:g Zo~ ~din~ce of ~he tY,Tmvn'NewOE Yor~,M~°Id'~bhc~f°lk ~e~ng~ ~oUn- *ill . ---..--~--~-.-~~ ............. be held by the South~e Town says that~~ is P~n~er and Publisher 0f the S~'FOLK Board at tho office ,of ~he.:Super. .................... ~ew York, in sad,~ on tke'~s} ] ~S, a newspaper published at ~reenport, ~ s~id county; day of Feblm~y. 1903, at ~:3a] and that ~he notice, of which the annexed is a p~n~ed co~y, o'clock ~ the eyeing ol.s~i~' d'ay) on ~he follow~ p~oposals to has been published in the said Suffolk Times once ;mend the ,B~ilding Zone Ordin- ance (including ~h~ Buildin~ Zone ] week, for ~ week~ Ma~) of ~e To~ of Son~61d [j ...................................... ~ ..................................................... ,~Suffclk Co,~y, New York'. ,~ successively commen~ng on the ........... - U~'"'"} ............... denfial ~ a~-~culg~al Dis~rm~[~ day of-.. '~1 ,t~ ~or~mn~z,ac~.,or ~r~{l: _ ........................ SuffOlkmore C~:~y, ~ew YorX, amd ' day of ._ "~'~~,~ . pa~ic~arly hound~ ~d - ,~aadbed as follows: ' Begi~xg' ag'a ~int on the . '-"' ' "w ........................... '? 'nor~erl~ side of' Nor~ R~d ....... (Middle Road~ ~ere it ~ ~er- :-"~ ~ }~d now or lorme;~ of Carey ~:~ l~t ~i6ned land ~ke follow~ _ :: ~g two (2) ho~ses and 'dis- , : Qumm.*,ed'm ~1,~.87 feet; ~.' NoTCh ~6~07'~' ,Wes~ 568 feet' to:M:e ~g'h wa~er ~ mark of Long ~l~nd ~ou~; ~' ~" ~hence e~erly ~ng s~ ~h t -.. ~a~er mar~ %o ,~', po~ where ig ~ is ~rs~ed by a tie line ~om ~e .pre~inK course ~av~g a{ · f' bearing ~f ~rth ~ ~' ~t ~~eKc,~ Seuth' 26~'00'' ~4.24 ~eet. to ~e ~herly side :'df No~h ~o~d {Middle ~ad~; :,~eKc~ al0~g the no~herly side~ "' ~u~ ~3~'2~'' ~s% .15~:13'~leet,~,.: ~2~ By ch~g~ ~m 'A ~-,~ ~1 ~d ~ficu}~ur~ Dis~ct~[ } long de~r~d .property: eel of land ::silted at O~t lolk ~ount~, 'New Y~K/ ~dt~ mere par~lc~rly bound~ ~.~descfib~m~ follow~, i i' 'aaoza. a~a .'at SoUthold Town Planning Board EBDUTHDLD, L. I., N. Y, PLANNINC- BOARD MEMBERS John Wickham, Chairm~n Henry Moisa Report tO: So'~tholc~ TO'~[~ Board Alfred G~'¢b¢ 16 South Street Archibald Young Greenport, New York '~il[i,~ m Unkelb~ch January 18, 1963 Gentlemen: This is to certify that the following actionw as taken by the Southold Town Planning Board on January 15, 1963: in the matter of the petition of Martin ~harles Pfeffer~ 174 S. First Street, Lindenhurst, New York, for a change of z~e from "A' Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of North Road (Middle Road) where it is intersected by the easterly side of land now or formerly of Carey Swainson; thence along said last mentioned land the following two (2) courses and distances:- 1. North 23°21'40'' West 125.87 feet; 2. North 26°07'00"West 568 feet to t~e high water mark of Long Island Sound; thence easterly along said high water mark to a point where it is inter- sected by a tie line from the preceeding course having a bearing of North 44!00' East and a distance of 160 feet; thence South 26o07'00" East 734.24 feet to the northerly side of North Road (Middle Road); thence along the northerly side of North Road (Middle Road) South 58~48'20'' West 157.13 feet to the point or place of beginning. It is hereby RESOLVED that the Planning Board does not recommend fa9orably to the Town Board the change of zone from "A" Residential and Agricultural District to "M" MultipLe Residence District heretcfDre described. Page 2- Southoid Town Board Tha Planning Board feels this proposal would be spot zoning ~d would not fi-hain with the general character of the neighborhood. The property lies approximately 500 feet or more further east than the nearest "M" Multiple Residence District and therefore would not conform with tm overall area. Respectfully submitted, ~ .'/ '~, ~I John Wickham, Cha~-rman Southold Town Planning Board ~0 Edge..ere i~ne Szr asota, Florid~ J~n u~ry i0, ~Zr. ~rchib~ld Young 01d Shipyard ~Lane Dear !~. Yo~ We own ~he property on the Round i~ed~teiy west of the property ~ld hy ~s. ~oi~o ~o Pfeffer. I h~ve been coming to Som~old mince 1917 and ~ve ma~ cc~s ~her~. including Elsie ~olff ~nd Ruth Gluer. Ws received a letter fr~ ~. Jo~ ~ted October 15, 1~2, asking for o~ r~action to m change in zoning fro~ ~;A Residential" ~o ~I~iple Hou~in~" on the Pfeff~ prop~ty. We ~SWered ~h~s ~ediately, stati~ th~ we were s~ongly ~g~inst it ~d reQ~sted t~t we be notified of ~y he~in~s on t~ ~er. We have n~ve~ heard f~ther from ~r. Since you ~e mlso on the Zoning B~rd, ~re ~iti~ to ask $~ ycu v~e zg~nst this c~ge. feel t~t it ~m~d greatly depreciate ~he v~ue of prop~ty, thigh we d~bt if i~ wo~d re.ce o~ t~s. I~m sure you know no~ we feel, ~s~ce your area i$ ~lso resid~ial. ~d I ~ow yo~d ~e to ~ve motels get s~rted in t~re. We ~ ll aD. oolite ~y~hing yo~ ~ be able to do in our int~ssts. S~cere~, October 19, I~2 $outhoid Town Pl~nin~ Bo~ T~ you f~ yo~ lett~r of October 15th reg~rdLug ~ petiSzon to ch~ge ~he property next o~s ~om ~" Eesidentiai ~o ~(" )f~mltiDi~ residence District. ~e pro~rty w~s bo~oght by tut, ~T~rti~ Pfeffer fro~ ~s. Wa ~d like to go on record ~s bei~ very definitely mga~st a~~ c?~uge in zoni~ o~ ~his property ~m Besid~ti~l. We will ~ite ~ee property o~ers ne~ ~o us as they are j~ stro~!y opposed to deval~ing ~his s~c~ion as we ~y we ~ve yo,~ ~s~r~_c~ t~,~ every opport~ity will b~ given tkis ~ro~p to ~otao~ o~elves from this ch~ge? A~ a'~ neig~ors rand o~se!ves liv~ t~ce apart, ~y '~s b~ gi~_ ~ple ~me eta. We feel ~h~ no quick ~tion sho~d be t~en '~le~s it is ~ definiZe refus~ of the petition. Very t r ~iy OoDies to: Robert J. de~may Ed dePzsq~le Trederick Le2or in BBUTH[3LD, L. I.~ N. Y. September 21, 1962. ~. ~ohn Wic]~am Chairman Planning Board Cut chogue, L.I. Dear Mr. Wickham; The original petition of Martin Charles Pfeffer requesting a change of zone on certain property situated in Greenport, N.Y. from "A" Residential and Agricultural District to "M" Multiple Res- idence Distr~dt is in the files in the office of the Planning Board at Southold, N.Y. 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 your Board. Very truly your~ Albert W. Richmond AWR/mr Town Clerk STATE OF NE~V YORK PETITION 37OVTN OF SOUTHOLD IN THE ]~L~-TTER OF THE PETITION OF FOR A CHANGE, MODIFICA~ON OR ~EN~MEN'T OF THE BU~D~G ZONE ORDIN- ~CE OF T~ TOWN OF SOUTHOLD, SUFFOLK COUIgTY, ~W YORK. TO ~E TOWN BOA~ OF T~ TOWN OF SOUTHO~: 1. I,~~~.~~; residing at (iriser~ n~e .of petition~~ ' S~olk County, New York, the undersigned, am the owner o~ certain real prope~y si~ated at ............................................................ and more particularly bounded and described as follows: All that certain plot~ piece or parcel of land, situate, l~ving mid being at Greenport, Town of Southold, Gounty of Suffo]_k and State of Few York, bounded and described as follows:- BEGI~NG at a point on the northerly side of North Road (~iddls Rd.) where it is intersected by the easterly side of. land now or formerly of Garey Swainson; thence along said la.st mentioned land the fol!owin~tWo ~(-~.)~ Oou~se$ eJad dists_u~es;- lo North 23° 21~ 40" ~est 125.87 fee~; 2. ~Torth-26° 07! O0~ ~Vest 568 feet to th~- ~high water mark of T.eng Island Sound; thence easterly along said l~igh wate~ mark to a point where it is intersected by a tie line from the proceeding course _W~ving a beaz~_mg of North 44°00' East and a dist-anoe of 160 feet; thence Sou~h 26° 07' O0w East 734.24 feet t~ the northerly side of North Rd. (Riddle. Rd. ~ ~ thence along the northerly side of ~,~orth Road (Nidd!e Ri.) Sou~h ~8° 48~ 20~ West 157. l~ feet to the point or place of .beginning. 2_ I do hereby petition the Town Board of the Town o~ Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Maps heretofore made a par~ thereof, as follows: by changing from "~" r~sidential and agricultural to "M" ~I~tiple Residence district 3. Such request is made for the following reasons: I ~ish to bu-.l~ and operate a motel ~ith additional cottages o~ part of the land and build a residence for myself on the balance of land, ~,ee sketch attached. 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 contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters 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 /'~ iht ~ da)' o ( i:A i: .... ................... !? ~ ~, ~_(j ~ Notary Public.