HomeMy WebLinkAboutPreston, Ralph T. - Withdrawn CORe'IN AND C~LICKMAN
April 22· 1969
Town Board, Town of Southold
18 South Street
Greenport· N.Y. 11944
Gentlemen:
This will co:~irm that the application to change from "A" Residenlial
and Agricultural District to "B" Business Dislrict the premises
described in Item 3 of the Legal Notice of Hearings dated February 25·
1969· has been withdrawn.
The pet/ion for lhe change was made by Ralph T. Preslon· Inc. · and
originally filed with the Building Inspector on or about No~ember 5~
1968.
Very truly yours,
i •
SOUTHOLD TOUN BOARD
:,larch 19, 1969
P R S Z- N T:
LJPE3VI::0.; .LBERT N@l.;TOCCHIF.
JUSTICE MA"TI1T STIRR
COUI•ICIL:A ! TICIVA27 l/P.LENTINE
COUNICILW-N LOUIS DENIF.REST
--------------
T_O[;N ".TTOP,�M-Y '.OB .;T . TAS;a
MINT CLERK .LBI:2T D'. DICHNIOND
Channc of zona ". T. Preston, Inc.
3UPBRVIS0R PY RTOCCHIA: t:e mill continue by reading the next legal notice
of hearing.
"3 changinn from "A" residential and Agricultural District to
"B" Business District the f ollwoing described property:
"_11 that certain tract or parcel of land situated at Greenport, in
the Town of Southold, Suffolk County, Nc:^ York, and more particularly
bounded and described as follows :
"REGIA NG at a monuncnt on the easterly line of Manhanset Avenue, 981.72
feet southerly along said easterly line from the North Road, said point of
bepirRng being the southwesterly corner of land of Sterling Cemetery; from
said point of beginning running along said land of Sterling Cemetery, si::
courses : ('_ ) N. 66' 07' 00" cast - 52.13 feet to a monument; thence (2) N. 86'
53' 00" ".- 186.18 feet to a monument; thence (3) N. 43 ' 14' 40" Z.-87. 0-
feet to a monument ; thence (,' ) N. 59' 52' 40" 32.50 feet to a monument;
thence (5) N. 87' 14' 20" 162.98 feet to P. monument ; thence (6 ) N. 46'
feet to a monument ; thence along land of the party of the
first part, S. 30' 01' 30" L. 151.52 feet to an iron pipe and land of St.
.'_gncs Cemetery; thence along said land of St. Agnes Cemetery, two courses;
(1) S. 63 ' 02' 10" 1,- 500.35 feet to a monument; thence (2) S. 73 ' 22'
50" 11.-165.64 feet to an iron pipe and said easterly line of I:.anhanset
^venue; thence along said easterly line, two courses; (1) Id. 34' 56' '30"
175.14 feet; tronce (2) N. 20' 12' 30" 39.37 feet to the point of
beginning. Containing 2.2669 acres.
SUF32VISM PIFRTOCCHI:.: There are affidavits in the file indicating that
publication was actually made of the legal notice. I will now read the
recommendation of the Planning Board.
l
"Centlemen: This is to advise you that the following action was taken
by the ;outhold Town Planning Board at a regular meeting held on F'cbriary
4, 1969:
"In the scatter of the petition of !Ralph T. Preston, Inc. , for a
channeof zone from "A" .'esidential and Agricultural District to "B"
Business District on certain real property located at Greenport, in the Town
of Coutholrl, County of. Suffolk and State of New Yrrk, and more particularly
bounddd and describer] as follows : (legal description was no read again. )
"It was RESOLVED that the Southold Town Planning Board does not
recommend the above change of zone to the ::outhold Tovn Board without
netting in touch with the St. Agnes Cemetery ^.asociation and the Sterling
Cometery Association and asking their opinion of the proposed change of zone.
In addition, the Planning Board would recommend a, buffer strip of 50 feet
on each side of each cemetery. "
SUPERVISOR T1LTZTOCCHIP-: At this time is there anyone present who wishes
to speak in favor of this proposed change of zone?
ST^,PIL Y CORtIP;, 1-32. : ;:r. Supervisor, and gentlemen of the --card. I
am attorney for the applicant in connection with this application. I realize
this Board is action in a legislative capacity. I would like the Board to
co with me to this property. The property is not suited for use as itis
presently zoned. It is nothing hyta. swamp. There is no residential. property
in the immediate vicinity of this property. The property to the North is
owned by Sterling Cemetery Association, and the property tothe ::oath is
o�-Tned by tbc, St. F_gmes Cemetery Association. Niether of these have any
objection , and I would like to submit to the -loard a letter from the Sterling
Cemetery "ssociation, stating they have no objection. The property around
this property consists of a marina, restaurnat. If ire are really concerned
with the Saf ety, health and welfare of the Tov:n,it can't be said that this
property should be :.sec; for residential development. Uith those thoughts
•
in mind and the filing of this letter of the Cemetery Association, thank
you for the opportunity to be heard.
SUPE.^,VISOR MARTOCCHIA: Anyone else wish to be heard in favor of this
application'
(There was no response. )
SUP21WISOI'. rLUTOCCHIA: Is there anyone present who wishes to be
heard in opposition to this application'
JOYCE TERRY: I am opposed. I am a cousin of the applicant. I wish
he was here, I would tell him in person. I an the owner of a plot in
Sterling Ceaetery , and I am very much opposed to this.
E: i TOR
SIX= LeBailly : I am opposed as owner of property there.
14ANCY COOK: I am an owner of property in Sterling Home Sites. 5!e
bou§ht property there about 10 years ago, and the applicant, 'Lr. Preston
was part owner of the development at that time. Ile were given restictions
and o:e understood that this was to be nothing but residential homes. -'ll
of the area is residential homes and this is what we thought would be there.
Our property was to be used as residential. property. As time w:ent on, we
were asked to give permission to restaurant. This was there, but the site
where the shipyard site was changed to where Bhappy's is nowt. There
wasn't going to be any of that along with the homes in this area. Nov;
we are Battled r:ith boat storage there that keeps growing and growing.
Pie in the neighborhood are in favor of seeing this remain residential.
There ere enough business areas.
FRIM: b'CINTOSIt: I am opposed to this being changed to a business zone.
LOIS BROOIC;FMR : I am too opposed to this. I feel that this will
bring additional travel by land.
DICK MMLL: I am opposed. I am a resident of the area. I don't think
there is any question of of the limit of residential area. Vie are going
to limit the probability of any desirable homes being built here if this
n - r+V i rh- -1
• -5 •
TARS. SHELB: I object. I agree v.ith the statements that have been
nade.
NI?S. I live in Greenport. I don't live in this area, but this
road leads to the beach and I don't think this should be split.
:IZS. PY.1I11D EPFEP : I am opposed to this.
JERRY SCHOFIELD: I am opposed to this change of zone.
SUPERVISOR M RTOCC-IIA: Is there anyone else present who wishes to be
heard one way or the other?
(There was no response.)
SUPEPVISOI. bAIMCCHIA: Hearing none, we will close the hearing for
the further deliberation of the Board.
~he~ter~ ~e of Ac~Jy
~t ~ ~c~on ~5 of ~ P~d ~e ~th '~e south-
~w ~d ~icle ~ of ~e ~rly line of Midge ~d COUN~ OF SUFFOLK /
~ne ~t,a.~ of ~ (C~ 2~) ~ rel~d; from STATE OF N~ YORK ~ ss:
~t~ld, ~ff~ ~- ~ld ~ of ~ r~-
held by ~ ~ld ~uthe~rly 1~ ]]4 f~g.
~ at the o~ of ~ [
[~r. 16 ~u~ ~. ~k ~; ~ ~u~-~ C. Whitney ~th, Jr., being d~[y sworn, soys
~ l~h day of ~. Suffo~ ~y, 185.f~t. more; ~hGf he is the Editor, of THE LONG ISLAND
~ day on the fo~.[ l~e of ~ddle ~; thence.--'~''~k~ - MA~ITUCK WATCHMAN, o pub;it news-
~ ~ ~d ~e ~Mt~ff ~uth~terly ' ~' ~d paper printed at Southold; in Suffolk County; and that
~e ~a~} of t~. mo~ or t~, ~ ~td e~on the notice of which the annexed is a printed copy, has been
~ld, S~olk ~ty, · of Ac~ ~o~d r~e; thence
~ ~ mtd e~emton, thee:published in said Long Island Traveler-Mattituck Watch-
~ B~m~ ~ ~ (1) W~rly, ~ t~, mo~ man once each week {or ........................................ week~
~ ~ ~ ~ (~) N~hw~, 2~ f~,.successive[~, commenCi~9 on the _..
~ ~ ~ of ~ ................. ~ - ...................
~ the no~ly ~ ~
~ d~ ~; ~ the ~e~ ~d-'
~ th~ ~ ~.
~ ~d of Mudd; ~m ~ Sworn to before me this day cf
~ ~ ~ of 1~.~ ~ ~[d ~d el Mudd, two;
~ ~ ~ w~ of ~d~e
the~ ................................................................................
~ a pi~ at the dl~on, ~e ~; the~
~ the pre~s ~u~w~rly alon~ ~ld
Mre~ de~M a~ ~nd now nmhw~er~ ~e,
th~ce no~h 34 ~s ~ ~]nnin~. I
~ES,.~,F..ENPORT, N. Y., FRID/~ COUNTY OF SUFFOLR,
STATE OF NEW YORK, ~ sE:
LEGAL NOTICE
ZONING ORDINANCE
Pui-suan~ %o S~ction 265 of the S~S that .. ~. is Printer a~d Publishe~ o~ ~e SUFFOLK
Town Daw and A~icle IX of the
B~i[d[n[ Zoqe Ot~ence oi the WEEKLY TIMES, a newsier publish~ ~t Green~r~ ~ s~d
~own oi So~tho[d, Suifolk
~, .~ew Y~rk, pu'b~ic ~ea~in~s win county~ and ~at the notice, ~f which the ~e~ is u p~inted
be hem by the Southotd Town
~t the O~ce of the Supervisor, lS copy, ~S been published in the ~d Suffolk Weekly Times
South Street, Gr~npo~, ~ew York,
ht said town ~n the lgtk da~ of o~ce in each w~k, ~or ............................
]March, 1969, at 7:30 o'cl~k, in the S~C~SS/Ve[~ ~O~e~ci~ O~
? ~ c~ ~ ...... 19.6 ~.
i~ p~sah m amid the B~[i- d~ Of ........... ....
Sworn to ~f~e me this ..[/}~):...
of hnd sit~aled ~t East Marion, denl~l ~ A~c~l District ~ ........ ~'~ · -~ - ~' ;--'/''''~'~'''~ ....
~ fo~s: of hnd ~tu~ at S~thold, in
(1) ~terly ,along ,a curve bea~' the ~u~e~rl~' l~e of Middle (3)
164.00 l~t W ~, pi~; (t) south l~s ~ ~e n~ster~ line oi a~ ~ ~ ~e ~rty ~ the
u~l are~of [.5 acres .... 300 ~t;~e~d~ndoi~-~
M~, ~ ~; ~ OF ~ ~HO~
(l) ~O~e~lY paral~l [o
~id ~w~ l~e ~ Mid-
die ~d, 4~ f~ ~nce
(~) ~r~ parallel
~d ,~a~ ~ne of land of
a~ve d~ribed ~cet 1I which
de~ PI~Y:
ticu~rly ~unded ~d described
[ th~ly ~e ot Manhanset
alom~ st,~l~ ~ of: SO. ~6 .~mmt to & po~~ ~,.henf~
sit~t~ ~t ;~oetheld, ~ tl~e t~ .o~~ Seutbo],~t,
{{
STERLING CEMETERY ASSOCIATION
Greenport, N.Y. i~i~l¥~c~.~, ~,~-~
Southold Town Planning Board
~FIUTHOLD. L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
Jehn Wlekham, Chairman
Henry Mol~a
Alfred Grebe
William Unkelbach Report to: Southold Town Board
Frank Ceyle 16 South Street
Greenport, New York
February 4, 1969
Gentlemen:
This is to advise you that the following action was
taken by the Southold Town Planning Board at a regular
meeting held on February 4, 1969,
In the matter of the petition of Ralph T. Preston,
Inc. for a change of zone from "A" Residential and
Agricultural District to "B" Business District on certain
real property located at Greenport, in the Town of Southold,
Comity of Suffolk, and State of New York, ~ud more particularly
bo~ded and desccibed as follows: BEGINNING at a monument
on the easterly line of Manhanset Avenue981.72 feet southerly
along said easterly line from the North Road, said point of
beginning being the southwesterly corner of land of
Sterling Ceme~er; from said point of beginning running along
said land of Sterling Cemetery, six courses: (1) N. 66° 07' 00"
~.- ~2.13 feet to a monument; thence (2) N. 86° 53' 00" E.-
186.18 feet to a monuu~ent; thence (2) N. 4~° 14' 40" E.-
87.0~ feet to a monument; thence (4) N. ~9 ~2' 40" E.- 32.50
feet to a monument; thence (5) N. 87° 14' 20" E.- 162.98
feet to a monument; thence (6) N. 46o 34' 20" E.- 94.13 feet
to a monument; thence .along land of the party of the first
part, S. 30° 01' 30" E.- 1~1.52 feet to an iron pipe and land of
St. Agnes 0emetery~ thence along said land of St. Agnes Cemetery, two
courses: (1) S. 63~ 02' 10" W.- 400.35 feet to ~ monument;
thence (2) S. 73° 22' 50" W.- 165.64 feet to an iron pipe and
said easterly line of Manhanset Avenue; thence along said
easterly line two courses: (1) N. 34° 56' 30" W.- 175.14 feet;
thence (2) N. 20° 12' 30" W.-35.37 feet to the point of
beginning.
It was RESOLVED that the Southold Town Planning Board
does not recommend the above change of zone to the Southold
Town Board without getting in touch with the St. Agnes
-2-
Cemetery Association and the Sterling Cemetery Association
and askiag thei~ opiri~n o£ the proposed change of zone° In
addition, tae Plaru~ing $oard would ~eco~end a b~fz~e~ strip of
~0 feet on esch side I~or each cemetery.
RespectFully submitted,
Southold To~ Plannin~ Board
JW/bd
OFF .ERK
ALBERT W. ;~IBHNIrIND
5mUTHC3LD, L. I., N. Y. 119'71
January 30, 1969
Iris. John Wickham
Chairman Planning Board
Cutchogue, L.I.,N.Y.
Dear 1~. Wickham;
The original petition of
Ralph T. Preston, Inc., Greenport, New
York, relative to cahnge of zone from
"A" Residential and Agricultural District
to "B" Business District on certain prop-
erty situated in Greenport, N.Y. is in
the files in the office of the Planning
Board at $outhold, New York.
You are instructed to pre-
pare an official report defining the conditions
described in the petition and determine the
area so effected with the recommendation of
your Board.
Very truly yours,
Albert W. Richmond
AWR/mr Town Clerk
aox: CORWIN & GLICKMAN
ATTORNEYS AND COUNSELLORS AT LAW
GREENPORT, N.Y. 11944 516 4Z7-OB00
[~ Mr. Howard Terry --]
Building Inspector DATE:I 17 / 69
Town Hall
Southold, N-Y. 11971
SUBJECT: application for change from A to B; Ralph T. Preston, Inc.
Dear Eloward:
Enclosed is your file which you left with me.
I have added txvo copies of the certified description of the
premises and two prints of the survey to the papers
therein. If there is anything else you require for the re-
submission of this application, please let me know.
Sincerely,
/
C k
enclosure
1
TEL.
TOWN DF SDUTHDLD
OFFICE OF BUILDING INSPECTOR
TDWN CLERK'S DFFICE
SBUTHDLD, N. Y.
November 6, 1968
Coffin & Glickman, Attorneys
Main Street
Greenport, New York
Gentlemen
Enclosed please find a receipt for $ 25.00 fee, application
for change of zone from "A" to "B" by Ralph T. Preston, Inc.
Land E/S Manhassett Avenue, Greenport, N.Y.
Please send a survey of this property for the file as soon
as possible. Thank you.
Yours truly,
Howard Terry,,~~../
Building Inspector
FROth; CORWIN GLICKMAN
ATTORNEYS AND COUNS.CLLORS AT LAW
GREENPORT, N. Y. 11944 516 477-0800
I,[r. Howard ~.[. Terry
DA~: 11/5/68
Southold Tovm Hall
~ Sou%hold~ ~.few York 11971 ~
SUBJECT: gglph T. Preston~ Inc.
Dear }fr. Terry;
Enclased, in duplicate, is a pebiqion for change of zone
from A to B~ toge%her w~%h o~ checlc for $25.
S~r~ ly~
~an~~ bZ
Enos.
STATE OF NE~,¥ YORK PETITION
TO1,VN OF SOUTHO[,D
IN 'FHE MATTER OF TIlE PETITION OF
FOR..\ CHANGE. MODIF[C.\TION OR AMENDMENT OF THE BUILDING ZONE ORDI-
NANCE OF TIlE TOWN OF SOUTHOI',D, SUFFOLK C(3UXTY, NEW YORK.
TO 3'FIE TO\VN BOARD OF TIlE TOX. VN OF SOLTTIIOLD:
domestic corporation, having its oft'ice and principal
~. ~, .~g.~.p.b. ?.-..~r~.~t.9¢~..~v.c.-.,..a. ......... ~ .~¢~?q .?[..~u.~%?.{5. ~.t..a.r.e?.ip.o.r.~,
(insert heine of petitiener)
~ ~s the purchaser -omder contract subject to zOnic~z~ge
Suff,:lk Coenty. New York. the undersigned~ of certain real property situated at
9.r:~l~pp.~,~. ~qt..~.~f.qz~, ................ and more pmticularl3 bounded and described as follows:
BEGII.~'~ING at a monument on the easterly line of Manhanset Avenue 981.72 feet southerly
along said easterly lithe from the No~%h Road, said point of ~eginning being the south-
westerly corner of lanm of Sterling Cemetery; from said point of begirming ronning along
said ianO of Sterling Cemetery, slx courses:
(1) N. 66° 07' 00" E. - 52.13 feet to a monument; thence
(2) N. g6° 53' 00" E_- 186.18 feet to a monument; thence
(3) Ii. ~3° 14' ,%0" E. - S?_05 feet ±.o a monument; thence
(&) N. 59° 52' &0" E. - 32-50 feet bo a monument; thence
(5) N. 37° ]2+' 20" E. -162.98 feet to a monu~ent; thence
(6) r~. ~6° 2~4' 20' E. - 9&.13 feet to a mon~nent, thence along land of the party of the
first part, S. 30° 01' 30" E. - 151.52 feet to an iron pipe an~ lanm of St. Agnes
Cemetery; thence along said land of St. Agnes Cemetery~ two courses:
(1) S. 63° 02' 10" W_ - ~00.35 feet to a monurrtent; thence
(2) S. 73° 22' 50" W. - 165.6g feet to an iron pipe and said easterly line of Manhanset
Avenu~e; thence a].on~ said easterly line~, two eom'see:
(i) 1.1. 3~°56' 30" W - 175.1~ feet; thence
(2) N_ 20° 1.2' 30" W. - 35.37 feet to the point of begimning. Containing 2.2669 acres,
2. lt. do, hereby petitisn the Town Board of the Town e£ Southold to chanffe, modify and
amend the Building Zone Ordinance of the Town of Southold. Suffolk County, New York,
includi,~g, thc Building Zone Maps heretofore made a part thereof, as follows: Change said prerrd_ses
from "A", residential and agricultu~'al ~istrict, to "D", business c~istriet-
3. Such reqttest is made for the following reasons: The apt..lican% is a corpora~;e pLwchaser
-mn,der contract of the ,described preraises and the contract provides for the eonsurm~tation
of the sale ertl>' in the event the change of zone is effected. The prermises are not,
suited to residential purposes. The cost of nmking them s~itable for residential purposes
physically ,~eonld be competitively prohibited, and even if they were made srultable physic~l
t~el,,' t.~ould bee be suitable otherv~ise because of the nature of 6ha use of the adjacent
lands. The ererrJses 5~rm~ediately bo the north are used as a cemetery; the pren~ses to the
south are e~azed Dy a religious organization and are intended in the future to be used for
cemetery purposes. The premises to l,he west across Hanhanset Avenue are presently
enjoying ousiaess use_
(L. S.) \ .......
STATE OF NEW YORK,
COUNTY OF SUFFOLK,
Charles M. King = .... BEING DULY SWORN deposes and says that
.......... ~'c'~a~'~d'~j~r¥~ '~f the ~thin corporation . '
he is the/~~ ' ' ; that he has read the foregoing Petition and knows
the corttcnts thereof; that the same is tree to his (her) own knowledge, except as to the matters
tRercin stated to be alleged on iu[ormation ami helief, and that as to those matters he believes it
to be true.
fL. S.)
Charles i~}_ Kin~
Sworll to before tile
. . -Y~day oi ........ 19.6~.
tr.
Notary Public, State of New York
~52-5826401, ~ualffiedin Suffolk Co.
Commission ~xpire8 3-30-70