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HomeMy WebLinkAboutRosenberg & Muir - Denied WHEREAS, a petition Wal ~eretofore filed with the Town Board of the Town of Southol~ b~ requesting a cha~e~ modification and'a~~ent of the Building Zone Ordi~nce including the B~lding Zone maps made a part thereof by changing from. ~.~laa~t~ & Ag~ District to ~,H" _~~.ne.s ._ ..... District the property described in said petition, a~ WH2REAS, said petition.. ~aa duly referred to the Planning Board for its investigation, recommendation and report, mhd its report having beea'ffiled with the Town Board, and thereafter, a public hea'~ing in relation to said petition having been duly held by the Town Board on the 2~.. day of ._November 19~..~, and due deliber- atio~::hag.'~ing been had thereon NOW, TH~REFORE, BE IT 'RR~OLVED that the relief demanded in said petition be, azai it hereby is denied. By Order of the Southold Town Board. Maroh 25, 1958. Ralph P. Booth Town Clerk PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD Greenport, N. Y. November 25, 1957 Present : NORMAN KLIFP, Supervisor HENRY A. CLARK, Justice of the Peace RALPH TUTHILL, Justice of the Peace LOUIS DEMAREST, Justice of the Peace LESTER ALBERTSON, Councilman RALPH P. BOOTH, Town Clerk R. G. TERRY, Town Attorney HOWARD TERRY, Building Inspector. 2 SUPERVISOR KLIPP: I will read the notice of hearing on the next matter. NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE. Pursuant to Section 265 of the Town I~w and Article IX of the Building Zone Ordinance of the Town of Southold, a public hearing will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, on November 25, 1957, at 7:00 P.M. on the following proposal to amend the Building Zone Ordinance (including the Building Zone ~aps) of the Town of Southold, Suffolk Countyj New York: By changing from "A" Residential and Agricultural District to UBU Business District the following described property: PARCEL 1: All that tract or parcel of land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and des- cribed as follows: BEGINNING at a point on the southerly line of Champlin Place lO0.11 feet easterly along the said southerly line from the easterly line of Atlantic Avenue and running thence along the southerly line of Champlin Place north 69 degress 42 minute~ east 3~8.37 feet to the land of Preston and Chapman and a proposed hlghway to be known ss Robinson Road; thence southerly along the westerly line of said proposed highway 75 feet; thence along other land of Preston and Chapman 195 feet more or less to the ordinary high water mark of Sterling Basin; thence along the ordinary high water mark of Sterling Basin northwesterly about 45 feet; thence westerly about 70 feet; thence southerly about 150 feet to the northerly line of Bridge Street; thence along the northerly line of Bridge Street south 73 degrees 46 minutes 40 seconds west 40 feet more or less to land of Ormond; thence along land of Ormond, Klipp and others north 17 degrees 33 minutes 20 seconds west 227.29 feet to the point or place of beginning. PARCEL II: ALL that certain piece or parcel of land, situate, lying and being at Greenport, Town of Southold, ~ounty of SuFfolk and State of New York, bounded and described ss follows: BEGINNING at a point on the corporation line of the Village of Greenport, where said line is intersected by the westerly line of Beach Road, as widened by the Town of Southold on November30, 1954; and, running thence along said Corporation line northwest, 54 degrees 33 minutes 50 seconds, 160 feet more or less to the ordinary high water mark of Sterling Creek; running thence in a northerly direction, then northwesterly and then southwesterly, along the ordinary high water mark of Sterling Creek, 475 feet more or less to a point where the said ordinary high water mark again lmt~r- sects the Corporation ]iue of the Village of Greenport; running thence northwest 54 degrees 33 minutes 50 seconds along the Corporation line of the Village of Greenport, 225 feet more or less to a point on the southeasterly line of land of the Town of Southold; running thence along land of the Town of Southold northeast 3~ degrees lO minutes O~ seconds, 180 feet more or less to the southerly line of Beach Road; thenc along said Beach Roadj five (5) courses, as follows:- (1) east- erly on a curve to the left, having a radius of 446 Feet, a distance of 283.15 Feet; thence (2) south 83 degrees 15 minutes l0 seconds east 113.47 Feet; thence (3) southerly on a curve to the right having a radius of 77 £eet, a distance of 106.0~ feet; thence (4) south 4 degrees, 21 minutes 20 seconds east 267.11 feet; thence (5) southerly on s curve to the right, hav- ing a radius of 160 feet, a distance of 69.25 feet to the 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: November 4, 1957. BY ORDER OF THE SoUTHOLD TOWN BOARD, RALPH P. BOOTH, Town Clerk. SUPERVISOR KLIFP: The sffldavit of posting and publication are on file. I might read you parts of this. STANLEY CORWIN, ESQ., (for the Petitioner): Perhaps I can say somethl~ to be helpful. SUPERVISOR KLIPP: Yes, this is a kind of a long affidavit. 5 MR. CORWIN: I think I can explain, perhaps without even the necessity of a map, to the gentlemen, the multiplicity of parcels that are set forth in the petition. At the time the petition was filed, the Board was about to consider an application to amend an adjacent piece of property, and we put this petition together rather hastily in the hopes that the Board might be persuaded to take them all at the seme time. As things turned out, that did not happen. The application was presented to you in such a way that it could be considered alternatively. The first three parcels have been adjusted by the consent and cooperatio$, if I may say so, between the Town Attorney and myself, after we dis- cussed the problem of publication. We did not want to clutter up the record with several long descriptions when one would serve. And so the three descriptions, the first two parcels referred to in the petition were combined ss one. They then were and now are in the hands of different owners. In other words, there are more than one owner of the three parcels. But the owners of the parcels Join together and ask that the Board consider this as one application, quite independent of the matters that were set forth in paragraph P of the petition, which had to do with anot~ parcel which we will discuss later. The three parcels are actually combined into one, at the head of the creek. They are the parcels on either side 6 and at the head of the creek where it reaches up into Champlin Place. At the time that the zoning ordinance was adopted the parcel on the west side of the creek and at the head of the creek on the north side had already bulk_headed in and were being put to a business use as a marina. The walls were in, and some of the docks had been put out, and the property was being used for that purpose at that time. SUFERVISOR KLIPP: That is Parcel I, 15 it? MR. COBWIN: It is Parcel 1 in the publication. There are three parcels in the petition that have been combined as Parcel 1 in the publication. At the time the Zoning Ordinance was adopted we were first aware that publication was being made of it. We immediately wrote a letter to the Building Inspector and the Chairman of the Planning Board pointing out that the property was then in the process of being developed for that purpose; that it had been acquired for that purpose, and it was being put to that use, and a substantial sum of money had already been put into it to make it into a marin~. I don't think that there is any question about that on the part of anyone. Now, we are asking the Board to consider that application independent of anyone else in the petition. It was presented to y~ in that way. Now, we also asked, in connection with another parcel of land down here, what is known as Sandy Beach, for an application to change that land to a business zone instead of a residential zone. I will come back to that later. What I would like to say is that we aisc felt that inasmuch aa the Chapman and Preston interests were making application for a change in the middle of this area, and we were asking for a change on the north end and another one on the south, whether the Board might feel it would be the proper thing to zone this area between the creek and0cean Beach Road and Champlin Place aa one business district. That was referred to the Planning Board, as I understand it, and they felt, if I am not miStaken, they did not want to recommend to this Board that that be done. It was for that reason that Mr. Terry and I were able to stipulate so agree- ably that the petitions be reduced to the two parcels that are set forth in the published advertisement. We have dropped our application in view of the action taken by the Planning Committee; dropped our application to zone this whole entire parcel. Now, some of it you have already changed to a Business District. That ia the parcel north of the St. Agnes Cemetery for which ~x~u~ Preston and Chapman made application to this Board. Now, the Supervisor was before the Planning Board at the time that they met on one occasion, at least, to consider this application, and I believe that there was no objection at all to the proposal that their consent be given, or their recommendation be given to the application to amend the 8 Zoning Ordinance so far as it affected the parcel at the north end of the Creek. SUPERVISOR KLIPP: That is Parcel I. MR. CORWIN: That is Parcel I. Now, I reiterate that the Board consider these entirely separate, one from the other. If one were granted and the other denied, why, other than we hoped both would be granted, we have no objection to that procedure being taken. We consider them aa separate applications and we brought them into this Board at one time in the interest of saving time and killing two birds with one stone, so to speak. Now, I think this situation may exist with respect to the application at the south end of Sterling Crees and in back of what we speak of ss Sandy Beach. The parcel we have asked there to have zoned for Business is a strip of land that runs along Beach Road as it curves around that branch of Sterling Creek, and it runs from a piece of property that is owned by the Town around to the Village line. That property was acquired by the owner before the Zoning Ordinance for the express purpose of developing it for Business. This Board was made aware of that fact on at least one occasion when Mr. Muir and I appeared and asked that consideration be given, that favorable consideration be given to this application to do some dredging around there that would affect the marshland which was owned by the Town. 9 We intended to dig it back and use that dirt to fill in the adjacent lands. So, I am sure that regardless of how the Planning Board and the Zoning Commission may have felt about it at the time they adopted the Ordinance, that it came as no great surprise to this Board that an application was being made for a change of zoning since I think it unquestioned that you knew our purpose and intent. I think that all of you must be quite well aware of what the topography was in that area, There was a little upland, very irregular in depth along each road. The greater part of the land that is abutting the ordinary high water line is what we speak of as bog. It is nothing else than muddy land with a little of this green grass on it. It is not s piece of property that can be devoted to Residential use, or certainly not to the farm use, without the expenditure of a very, very substantial amount of money. It is going to take a good deal of money to put it into condition for which it can be used for a business purpose, but it can be used for that purpose by the expenditure of substantially lesser funds than if it were to be devoted for a residential dlstrlct as we regard it. Now, our appli- cation to this Board is based on the fact that that property was purchased for a known purpose before the Zoning Ordinance went into effect. That some negotlatlons were had between the owners and the Supervisor on behalf of the Board for permission lO to use part of your land for dredging and you knew, I am sure, what our intent and purpose was with respect to that area. Now the land in that area on the opposite side of the Village line ia in "A" Residential District. At that point the Village line runs through that branch of the Creek and on the other side of it there is the Sandy Beach summer colony. Now, that property is not the direct concern of this Board since it is in another Jurisdiction. The Village Board, I know, is aware of this application, having been notified of it. The matter was given formal consideration and the Board elected to do nothing before this application. They are not opposed to it. Similarly, when this Board notified it that there was an application before it to amend the Zoning Ordinance with respect to the other property on the Creek, but the Village Board not only had no objectlon,^when the owners appealed to it to a similar change, they readily granted it. We feel in view of all of those facts, that all of the fairness and all of the equities are with the applicant, and that the petition should be granted, and we most respectfully urge that you do that. SUPERVISOR KLIPP: Thereis Just one thing I would like to clear up: the Board's knowledge of what this parcel west was to be used for. I think the Board had some knowledge there was a dredging project to be accomplished over there which would affect our property adjacent to it. But if my ll memory serves me right, I don't, being told of the purpose for ~lch the property was being used. Is there any member of the Board remembers that? MR. CLARK: All he asked would we go along with him to dredge that out. That is all I can remember. If he could use our land to fill in on. MR. MUIB: I don't think I made any direct mention of any use it would be put to. MR. CORWIN: I would like to say this: ss far as stating a member's understanding must have been in connection with the dredging I am sure Mr. Muir asked also if you would object to his digging out the channel in the grant of land under water you owned to the northwest there. SUPERVISOR KLIPP: That could have been. MR. CORWIN: Since he did ask for that permission, and t~t was granted along with the other application. I say that because I think you must realize we were not digging out a channel there for any other purpose than to make a waterway. We weren't going to dig that mud bottom to Fill in for the purpose of building houses on it. Perhaps it may well be my recollection errs from ~ Mr. Muir's, but I don't think we did say in so many words we were going to make a marina there, but I think from the administrative knowledge you must take from the situation on the ground, plus those other factors, you must realize we are not coming before 12 you on bad faith and say we have changed our minds after the Zoning Ordinance has gone into effect. That is not the purp~ at all. SUPERVISOR KLIPP: That is the purpose for which it is going to be used, a marina? MR. CORWIN: Yes. I might at this time -- we got a little confused here I think on the different parcels -- Is there any Question in your mind or the Board's mind as to where Parcel Ils located? MR, AI]RERTSON: I would like to see a map of it. SUPERVISOR KLIPP: That I will say was started prior to the time of zonln~. It is right at the head of the Creek. I might read the recommendation of the Planning Board. I think this applies to Parcel II. This Is to certify that the following action was taken by the Southold Town Planning Board on October 15, 1957. Petition of John A. Muir, George D. Muir, and A. F. Rosenberg, all of East Marion, N. Y., for a change from "A" Residential and Agricultural District to "B" Business District that property situate and bounded by Beach Road and Sterling Basin, Greenport, N. Y., part two of petition. It is the determination of the Planning Board that we recommend to the Town Bcsrd that the parallel strip, 300 ft. wide, next to the southerly line of the Town of Southold, be zoned "B" Business and the remainder of the p~operty fronting on Beach Road remain "A" Residential and Agricultural District. This is signed by John Wick_ham, Chairman of the Southold Town Planning Board. (The map was discussed.) MR. MUIR: It was more or less mutually agreed between us that that would be a satisfactory solution. The only va ue of the property is the water and the cost and expense of getting sufficient depth of water in there would not be warranted if it was all residential, but if we can get a 300 ft. strip of business property why then it will warrant doing the dredging, and they seemed to think that that was a satisfactory solution. SUPERVISOR KLIPP: They are recommending a portion of that which was asked for, is that right? MR. HOWARD TERRY: That's right. SUPERVISOR KLIPP: I might read you a telegram I Just received this afternoon: Impossible for me to attend Town Board Meeting tonight. The following Sandy Beach Froperty Owners Join with me in expressing our opposition to the change of zone from Residence to Business for property adjacent to Sterling Creek: Elsie Schoonmaker, George Steward, Agnes Allen, Donand and Eleanor Allen, Margaret Stewart, Albert and Carolyn Opoe, Alcesta Stoothoff, Granville G. Yeaton, Williamd and Lois Lowthian, Wilmerdlng and Ruby Moore, Greenport Attorney Henry Tasker is authorized to represent us. (signed) Lester Y. Clerk. SUPERVISOR KLIFP: Do you want to say anything else in favor of it, Mr. Corwln? ~hR. CORWIN: No, I don,t think so. Thank you. SUPERVISOR KLIPP: Mr. Muir? MR. MUIR: No, I don't think so. SUPERVISOR KLIPP: Is there any other person to be heard in favor of? (There was no response.) SUPERVISOR KLIPP: I will hear those in opposition to. HENRY TASKER ESQ., (Greenport, N.Y.): If it please the Board, I regret I did not hear all of the opening remarks of Mr. Corwin on behalf of the application, but since it appears they have spoken first with respect to Parcel 1, and next with respect to Parcel 2, I think that would be the orderly way for me to proceed, and if there is no objection on the part of the Board, that is the way I should like to do. Now, I have this to say with respect to Parcel 1: A portion of this land, as I read the notice, in Parcel 1 was formerly owned by LaOrant Chapman and Robert Preston. Their parcel is described in the deed to a Mr. Abraham B. Rosenberg, which deed was dated July 18, 1957. Now, I should first point out, of course, that the Board knows that that was subsequent to the adoption of the Zoning Ordinance, and their parcel begins at a point on the southerly line of 15 Champlin Place 530 ft. westerly along the southerly line from Manhanset Avenue, and it rune along the westerly line of what is called Roberteon Road from Champlin Place 75 ft., then it runs along other lands of Chapman & Preston south 51 degrees 17 minutes west 190 ft. to the ordinary high water mark of the Sterling Basin, then it runs northwesterly along the high water mark about 45 ft. to other lands of Rosenberg, thence along Roeenberg about 75 ft. further to point on the southerly side of Champlin Place; thence along the southerly line of Champline Place 216 ft. to the point of the b~nning. Now, that particular parcel was, as I say, conveyed to Mr. Rosenberg on the 18th of July, 1957. The deed was a bargain and sale deed with a covenant against the grantors' use, and at the t~.e of the conveyance there was of record a declaration dated January 10, 1956 recorded in the Suffolk County Clerk's Office in Liber 4060 of Deeds at page 331. And the conveyance purchaser was subject to the provisions of this particul~declaration. At the time, or immediately after the conveyance to Mr. Rosenberg, the attention of Mr. Corwin was called to the fact that the deed to Rosenberg recited that it was subject to the provisions of this declaration, and a request was made of Mr. Corwin that the Rosenberg deed be returned to us for the purpose of having the proper subject clause inserted into it, and we have not yet received it, and we have since prepared 16 and caused to be executed and acknowledged as of today a correction deed certifying or reciting the Fact that this Rosenberg deed was subject to the provisions of the declaration. I sm going to come back tothe declaration. I have been requested to, and I am ready to and will deliver to Mr. Corwin the correct deed with a letter of transmittal, and my letter of transmittal is dated November 25. 1957, and I am going to deliver that now. And I will hand it to Mr. Corwin or leave it with him. Now, I have now, and should like to offer as part of the record, the original deed from Preston and Chapman, at least our office copy of the deed to Eosenberg dated July 18th, the copy of the correction deed dated November 25, 1957, and a copy of my letter of transmittal. (The copy of the two deeds and the letter of transmittal were received in evidence and marked Objector's Exhibits 1, 2 and 3, respectively.) MR. TASKER: Now, I will testify as to the declaration. The declaration which was referred to in this deed is a declaration dated January lO, 1956, and it refers to a number of lots comprising the property at the head of Sterling Creek, including the Rosenberg property, which is the northwesterly corner of the Chapman and Preston property snd the northeasterly corner of the property which is the subject of this application, Parcel l, and it is shown on a survey as Lot No. ]0. Now, the provisions of this declaration, which I also offer, I wll] offer that now. (The declaration referred to was received in evidence and marked Objector's Exhibit 4.) MR. TASKER: The declaration states in substance this: that these premises, which includes a portion of Parcel 2, are now held and shall be sold and conveyed by Preston and Chapman under filed declaration subject to the reservations, restrictions, conditions, covenants, and agreements set forth in the various subdivisions of the declaration. And then they go on to say, they describe as to what is meant by a lot. Subdivision 2 says this: "There shall not be at any time hereafter carried on or permitted on any part of the lands shown on said map any trade, manufacture or buslness cf any kind or description whatsoever, nor shall any uae be made of any of the lands which is noxious, dangerous or offensive, or which is unsightly, unhealthful, or tending to damage in any manner the adjoining property or to disturb the peace of the inhabitants of the neighborhood, nor shall any animals, except house dogs, cats, or other household pets, be kept or maintained on any part of said land. Now, I say to you specifically that the provisions of that declaration cover and affect what would be the northeasterly corner, the northeasterly ~15 odd feet of Parcel 1. The next subdivision says this: "The lands herein described shall be used for private residence purposes only. There shall not be at any time hereafter erected or caused, procured, permitted, suffered, or allowed to be erected upon any part of the lots shown on said map, any building or structur. other than one single-family dwelling to be occupied by not more than one family each, not to exceed two and one-half stories in height and a private garage for not more than two cars, for the sole use oF the owners or occupants of the lot upon which such garage shall be erected." Then under subdivision ~ requires the approval by Preston and Chapman for any plans for any building to be erected. SUbdivision 5 describes the side lot lines. Subdivision 6 describes that no trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot in the tract shall at any time be used as a residence, tempor- arily or permanently, nor shall any structure of a temporary character be used as a residence. Subdivision 7 describes the ground for area. Subdivision 8 prohibits the use of signs on the property. Subdivision 9 prohibits the use of any fence except a hedge fence, picket fence, stone fence, lattice fence, or split rail fence. Subdivision 10 prohibits the subdivision or conveying of 19 any of these lots, and our parcel, our Lot No. 10 is on that. Subdivision 11 prescribes the disposition of sewage. And then there are certain reservations of easements for highway purposes and rights to drainage, etc. Now, subdivision 17 says this: "Notwithstanding any of the provisions hereof, the said Robert H. Preston and LaGrant R. Chapman expressly reserve the right to grant to the owner or owners of any of the waterfront lots shown on said map permission for the erection or construction of a pier, dock, or bulkhead upon or adjacent to said lot or lots, the use of which shall be limited to the owner or owners thereof, and which use shall be consistent and in conformity with the provisions of this declaration." Now, this is the only thing that affects, the may change the provisions of this declaration so far as Lot No. 10 is concerned. "The said Robert H. Preston and LaGrant R. Chapman likewise expressly reserve the right to erect or construct docks or mooring places upon or adjacent to the lots shown on said survey and designated as No. 10, and to rent the same to persons other than the owners of any of said lots, provided however, that the use of said docks or moorings shall be limited to mooring purposes and shall not be used for the embarking or disembarking of passengers, or for any commercial or business purposes whatever." 2O Now, I have been requested by Messrs. Freston and Chapman to quote the provisions of the declaration ove~ which the Board now has custody, and the provisions of the declaration affecting lot No. lO, which comprises the northeasterly corner of Parcel No. 1, and to call to the Board's attention that any use of the property other than as provided in this declaration would be in violation of the provisions of it. So far as the remaining portion of our property is con- cerned, and if the Board can, -- and I don't know whether it can or not -- MR. MUIR: Can I ask Mr. Tasker a question: Do you wish to convey to this Board that the]~j~s~are opposed to this application? MR. TASK]ER: You haven't ].et me finish. Now I say this: That insofar as Preston and Chapman are concerned, they have authorized me to state they take no position one way or the other insofar as the zoning is concerned, but they have requested that I specifically call to your attention the provisions of the declaration, the provisions in the deed, and the sole reservation which is in subdivision 17 of the declaration. SUPERVISOR: Chapman and Preston take no position? MR. TASKET: They take no position. They have filed a declaration of restrictions on that property for residential 21 purposes, and they are bound by the provisions of the declaration. We do not propose by the fact that we take no pos~ion here to in any way have it construed that it is an abandonment of our rights or the rights of any of the grantees to enforce against Rosenberg or anybody else any of the rights we have reserved to us under the declaration. Our posltion here is that we are not abandoning any of those rights whatever, but we want the Board to be fully cognizant of the fact that the northeasterly corner of Parcel 1 is by the terms of this declaration restricted to private, single-family residences except we may put up moorings or docks or piles for mooring purposes with respect to the northwesterly corner of our property at the northeasterly corner of Farcel 2. MR. CORWIN: I think it might be less confusing to the Board to confine ourselves to this application at the moment, and if you are through with that one, and if you will permit me to do so, let me say something with respect to that before you go on with the next one. MR. TASKER: Yes, surely. MR. CORWIN: I should like to say, gentlemen, that we have no quarrel with our neighbors in this particular piece of property, and we are not bringing our application to this Board for a change of zone, to try and do something under the law that we are not permitted to do under the deed that we took. And I am authorized by Mr. Rosenberg to accept the correction deed which Mr. Tasker has tendered, and he intends to arrange for its recording so that there will be no question but that we are accepting that ~artlcular piece of property subject to the declaration that he has spoken of. Hc,wever, I should like to call your attention to this paragraph which appears in this declaration: Paragraph 15 says: "These covenants shall be binding on the said Robert H. Preston and LaGrant R. Chapman and on their heirs, successors or assigns, and^all parties and persons claiming under them until January l, 1970, at which time said covenants shall be automatically extended For successive periods of ten years unless by vote of a majority of the then owners of the lot, it is agreed to change said covenants in whole or in part." I call that to your attention to point out that the restrictions which have been imposed on this particular part of the parcel for which we are making the application are not necessarily our province and it is conceiveable they~y be abandoned as early as January 2, ]970. I don't suppose tb~t would be the case. I am not even suggesting it will be, but it is a legal possibility° We have some under rights, as Mr. Tasker has indicated to you, mr^our owner of this one lot, Lot 10, wh%eh is a little bit different than the restriction which applied to the other parcel, and we intend to do no more to that lot than is granted to us under the declaration. SUPERVISOR KL~PP: Do you have anyghing else? MR. CORWIN: As to Parcel 1, no. SUPERVISOR KLIPP: Are there any further comments on Parcel 17 If not, we will go on with Parcel 2. MR. TASKER: As the Board knows from the telegram received I appear on behalf of the persons named in the telegram which the Supervisor has, and I appear as attorney for them and I appear likewise on my own behalf and on behalf of Madeline Tasker, who is the owner with me, as tenants by the entirety of certain properties at Sandy Beach. The property, if I may have that map for a moment, our property and the property of the people whom I represent lies at Sandy Beach, and is directly opposite from the property which is the subject. Out property comprises the area which begins directly at the head of "N" or north, extends out to here and runs down through the center of the arm of this little piece of Sterling Creek down to here, which I have marked "1". I marked "2" which would be the northwesterly corner~ and "3" which would be the northeasterly corner, and "4" which would be the southwesterly corner of the property. Mr. Steward is the owner of the most westerly piece, Mrs. Alcesta Stoothoff is immediately adjacent to it, and immediately adjacent to that is Allen, following along is Lester Clerk, Following along is another Allen, Yeaton, ourselves, and then Mr. and Mrs. Moore are further down. But all of these people own in the immediate area opposite to that. As the Board well knows, we are within the Incorporated Village limits of the Village of Greenport, but we are still citizens and residents of the Town of Southold and electors of the Town of Southold as well. So the fact that we may not live in the Town limits, we are in the unincorporated area, should have no effect on our rights to be heard, or voice our objection; particularly as our property lies at all points directly opposite the area which is sought to be rezoned. Now, we should like to point out to the Board that all of this area, that lying within the Village of Greenport, is zoned for residential purposes, and has always been zoned in map fashion since the enactment of the Village Ordinance, and it is all used for residential purposes. There are some 26 private summer residences on that part of Sandy Beach lying to the east of our most westerly line. There are within the Sandy Beach area property next to those 26, there is property owned by Andrews, Elsie Schoonmaker, one of the signers of the telegram. Residential property directly across the street on Bridge Road, Figurelli, and 0rlowskl. They already have completely residential. Ail of this property next to it which has been subdivided has presumably been zoned for residential purposes. And the area along Wood Lane, they are now in the process of constructi~ 25 a number of residents. Some are year round and some may be summer residents. So that the effect of this change of zoning, if it is granted, is to place squarely in the middle of an area which is not potentially residential, but which is actually a residential area of some perhaps having s frontage in excess of a thousand feet on Bridge Road, which will be a business area smack dab in the middle of a presently existing, and existing for a considerable period of time, of a residential area, even though it is summer. We say that the situation here is such that the outlying or the adjoining owners ~e persons who can be damaged, and our properties, we feel, over on Sandy Beach there likewise would be adversely affected, even though we are mot in the Town, that it would be a detriment to have business within 200 ft. of our property even though we are separated by a body of water, and we ask that the appli- cation on my behalf and on the behalf of the persons who are in the telegram, we ask that the application be denied. There are more than sufficient areas within the Town which are suitable for business purposes. The situation, as a matter of fact, is somewhat different from our situation up on the other side of the cemetery. We have no area over there which is residential except that which was owned by the applicant Preston and Chapman, and here we have some 25 or 30 separate individual owners with actual residences we believe can be adversely affected by the installation of any business operation in the middle of the residential area, and we ask that it be denied. SUPERVISOR KLIPP: Do you have anything to say, Mr. Corwin, at this time, or Mr. Muir? MR. CORWIN: Well, I suppose that there are no others who are objecting. I certainly don't want to make any extended talk. It would be mostly going over the ground that we have already covered. We think our application makes sense. Wherever there is a line, a demarcation between a business zone and s residential zone it gives rise to this problem about which Mr. Tasker has spoken. In some cases, as in the application which Preston & Chapman had before this Board recently, they felt that it was advisable to make a business zone right in their own property, and adjacent to a piece of land which has been subdivided. And I say this advisedly, because a map indicating what the adjacent lots would look like was presented to the Village Board when we zoned our adjacent lands when it was going to be divided into several lots, not to be greatly different from the situation that exists down here now. And we think this Board should take into consideration, although there are many areas in the Town suitable for business, this one is peculiarly adaptable to that business. It is one of the finest pieces of waterfront property and it is ideally suited to the purpose which we intend to put it to. We feel, and I say this in very good faith, contrary to the fact that Mr. Tasker has expressed the properties of the summer residents will be hurt, t~ey will be enhanced rather than hurt, by the use to which this property would be put if our application is granted. MR. MUIR: I would like to point out that the residential area surrounding this piece in qusstion are almost entirely s~b-standard under our present ordinance. SUPERVISOR KLIPP: Is there any other person who wishes to be heard in favor of or in opposition to? (There was no response.) SUPERVISOR KLIPP: We will close the hearing at this time for further deliberation of the Board. SOUTHOLD TOWN CLERK'S OFFICE Sept. 12, 1997. Mr. John Wickham Chairman Planning Board Cutchogue, N. Y. De~r Mr. Wickham; Enclosed herewith original and copy of Petitions of John A. Muir~ George G. Muir and A. B. Rosenberg and James Wasson, relative to change of zone in accordance with Article 1X~ Section 901~ Subdivision C. 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. It is respectfully requested that this be given your immediate attention. Very truly yours R?B/r ToM Clerk .... TELEGRAM 1;23 , =[~rre, ~ cleara RDA~B ($Y JAA2i'9) LONG PD=JAMAICA NY 25 lE22PME= :NORMAN E KLIPP) DLRi SUPERVtSOR SOUTHOLD TOV~NSHIP= :GREENPORT Ny= lgPOSSIBLE FOR ME TO ATTEND TOWN BOARD MEETING TONGITH THE FOLLOWING SANDY BEACH PROPERTY OWNERS JOIN ¥]ITH ME [N EXPRESUNG OUR OPPOSITION TO THE CHANGE OF ZONE FROM RESIDENCE TO BUSINESS FOR PROPERTY ADJACENT TO STERLING CREEK ELSIE 8CHOONMAKER GEORGE STEWARD AG~ES ALLEN DONALD AND ELEANOR ALLEN MARGARET STEWART ALBERT AND CAROLYN OPOE ALCESTA 8TOOTHOFF GRANVILLE ~ YEATON WILLIAM AND LOIS LONTHUN ~)LMERDIN~ AND RUBY MOORE,- GREENPORT ATTORNEY HENRY TASKER IS AUTHORIZED TO REPRESENT LESTER Y CLERK= · ( I~)PUE TPII,$ ~ECL." ~,~:~ TIC"I~ m~de the ~.~th d~ of J~nuary, ] ~56. by ~obert '~I. ~,,.~'ret~ton. residing ~ M~ddl~to,~ ~cm.d. Greenport, ~uff~lk County, New ~-,.~:{E!{.k. 5 ti~e said..:;{obert ~. F'~:,eston a:~d LaGrant .':~. Chapman are the owners of recor~ of all ti~t.~t certain tract or parcel of land situate, lying and being near Greenpori, tn the Town of &outhold, County' of and State of ~ew Y.,.rk, bounded and described a~ followa:- ~kLG~N~G at the trtteraection of the ~ou. therly line of Cnamplin with the westerly line <~f ?~tan~lan~et ;' venue, an0 rm~&' along sai.d ~,ve,terty line of Manh;~.~et :' .~enue two courses, aa follo~$:- or~n:;,..r~ high. ;;-star m,~.rk of ;k;'terling a:~.sin, thence alo~ enid water mark ~f 5ret.ting Basin, ~oatnerly a~d then westerly aaa t~en northwesterly about 12~:... feet to land of Muir. thence along said land of Muir Nf.~rth 2<~ degrees a ~nute~ 1~..~ aecoaas ¥~est 75 ,feet, m~, e or less to aa.id soul.fly line of Caa_mi,~Iln ~.~lace; thence along said aouth.m~ly line of Champlin ~-.'lace North 5~};, degrees 35 :~nutea 2:. seconds least 7.46.43 feet to the,point ~,r place of bfginning. ~e~g ant intended to be a portion ~f the premises conveyed to ti~e aa.id ~.lobert '!I. ?reaton a~a L. aOcanta. Chapman Dy deed dated l~cvember 9.. 1366 an~ :'ecorded tn 'Suffoik County Clerk's office in Llber 4;)'~'~ , as parcel I ,-',-~t.,~k, $ the above~aescriberi lands h:;ve been divi.<:led into the several parcels of land designated on :~ survey m~ade 'by Ctto "¢~. '/an Yuyl on the 19th flay cf 5epte~xber, 1:955, ~ copy of w~ich it aereanto annexed, ~a. rked ~2xnibit ': and made a part hereo/, and to mak~ this D.ECL.' a,~ TIC, N; setting forts the reaer'vatio~, re~trictiona, ¢onditlon~, covetlanta and agreements sub)eot to wh. lcn the lands designated oa ~aid survey a.s parcels 1, 2, ~, 4. 5, a. 7, ...~. ,.,;:' 1.., 11, i2, 12, 14, 15 ..',.,ad 16 and ~e parcel designaled as "' i{eserved~ a~e sow hel;] .and sh~all be ~o1~ an~? conveyed. N ~:.,.." , 'FHE.~{f;" .... ~ ;~ ~tc, bert il. ~';reaton and ka.~r'ant ~a.. cnipman decL;,.re ti/at the lands f~ereinabove mentic.ned a:ad described as shown on tan said map above ~-eI'erred to ;~::re now held ann shah be mold and con'~eyea by inert. ~ub~ct to the reservations, restrictions, comations, ccveaante a,a to wit :- 1. 'i~ae werds 'lot an~ "bail~tng 9lot" ,~a u~ed t~erein are defined aa pr~l~e~ shown on -~a~d survey ar~ divided. papery or to ~starb the peace oi the ~bltants of the neii.~.~rho, od, 3. The l,,~nda here~ described shall be need for private resideac~ purposes only. There ~h~ll not be ~t ~my time hereafter erected or caused, >rocured. permitted, e~fe~ed or allowed to be erected upon any ~r~ of family d"~elling to be occupied by not more than one family each, not -~,:;-re t~an two ears for tae ~ole use ut the o.,ners or occupants of the lot upon w~lch such ~ar~ge {hsll be erected. 4. .Nc, building aa.:~il be erected, placed or alterefl on any buildin~ ;.~lot ~nown on maid map until the buil~ug plum, ~p~cffication~ and plot plan {~o~ing the location of such bulldog h.~?.ve besu a~p ovid in ~ri. ti~ o.a othe: lots, an~ as to location of the buildin{ wi'th ~"eapect to topograpay event that asia 'l:Lobert H. ~reaton and L, aOrant .~:I. Chapman. ~r t~eir {u~a~itted to tl~em, ct, in any event, H no suit to enjoin the ere,etlon ol such ~uildin{ ol iai ~aklng of {uc~ alterations Uae been commenced prior lo the completi~ thereot. Such approval will nOt be require~ and t~S Covenant '~ili be dean:a! to have l~een frilly complied with. Neith~ ~:iobert .a. ltl. led to ~:iy compensation for aervice~ per!orme~t 9ureuant to ini.$ · -~ t't~r, the approval deactlbed, m-ihia Covenant simli noi be required , -,, ~ .~ ~¢ aI',ec~ve' there.o's, written instrument aha~ be ~,atrll t..hareafter exercise the aam. e powers exercised by the laid ~o~t't fhirty '~',. No trailer, baae~e~t, tent. ~h,~ck, g:~rage, barn ~r ot~r ;c~,~l.:!eme.. temporarily or permanently, nor shall any structure ora tamp c.~racter be ~sed a~ a residence. T~e riKht to petit the ~se of a as a tem~rary residence dur~[ tA,~ construction of ~e ~rm~t reald~oe ~o be ereet~ on a~ plot 7. T~e ground floor area o~ the main structure erected sa ~y ~ lot, exclusive o~ one-~tory open porche~ ~d ~ges ~I1 be not le., ~an ~gua~ fe~t ~n ~ case o~ ~ oae ~d one-h~f. ~ o~ two ~d on~h~ s~ structure. 8. 1~o si&ms of any description shall be displayed to the public view sa any portion of' the lends or buildings on the above-described premises other them the tmual small signs indicating ownership or occupancy and "For $~le" or "For Rent" signs having dimensions of not more th:~n 24 ~aehes by 24 inches. This provision, however, does not include si~t~ used by the builder during the conati-uction period nor does it apply to stlLm~ used by person~, flrm~, corporations or anyone supplyi~-materials to any bttlldinl[ then under construction during the construction period. ~. ~:= fence of any kind shall be erected or maintained on aF~, por- tion of ~e 1~ lho~ ~ said mp e~ept ~ h~e fence, picket ~ence, stye fence, l~t~ce f~ce ~ sp~t ra~ ~ence, ~ fen~el ~ ~y ~d here~ ~r- ~ed exe~ p~v~ h~e fences s~H ~ not more ~an four feet f~m the ~ro~d, and ~1 fenc~ ~ be located ~t lees th~ ~ree feet f~m any e~stt~ ri~t-~-way. lO. No lot shall be subdivided, conveyed or sold except as s whole · withoat the written con. est of Robert ~, t~reston and LaOrant R. Chap~, their heirs, 11. ~11 sewage arimtn~ from the use and occupancy of ~eh lot s~ll be ~s~med ~ at ~e ~mt ~d e~~ of ~e o~r ~ each lot ~ a p~per mepUc tm~ o~ eell~.l w~ch sha~ ~ l~ated at a location to ~ a~~ed by the ~uffolk County ~ard of ~~ or other m~eipal au~rity e~reim~g l~e ~we~. ~ ~nd ~en ~id se~fe Is ~s~med of by co~ection ~ a ma~cipal or other ~b~c ~po~l lyltem, ~'ech ~ec~on ~ ~ c~- structed a~ ~~ined by the owner of ea~ lot ~t his own cost and e~enle. 12. The said .Robert H, Preston and I.,aGrant R. Chapman reserve the right to convey to any public authority and/' or a~ ~~, firm or cor- ~ratloa c~.e~ and/or p~or~ any public u~ty or f~c~ a~ve or b~ea~ ~e sumacs of ~e gr~ ~d/or to any aba~ l~~er eas~enm or r~-of-~y over ~ r~hm-of-way sho~ on ~e afore~d mu~ to ~ a~d for ~e pa~ of su~!y~ elect~city, water, ~as, t~~e or o~er ~e utffity or q~al public u~ty services tm the pre, mss heret~bove described a~ ~ ~ec~on ~ere~. to erect, m.1tn~n, operate, re,ir or remove te~h~e, electrical or other ~nes ~d/or condors and to lay, m~tn- ~. o~rate, ~tr or remove pipe l~em and~ or o~er nece~y lines for a~ of the purisms here~ set forth. 13. it, shaft H. Preston an~ LaGs'ant lA. Chapman reserve to them- selves, their hears, sttccessors and amsi&~m the rtfJat to make such eutm and ftlAs as may be necessary to wrade the re)ada or rL~llt-of-way tm front of and adjotnJAg the Iota shown on amid mop tn accordance with such grades am may be established from time to time, and also the right to grade tn, out or fLll on maid plots so fax- as may be reasonably necessary fo,. ,he ,..- ....... 4redWod mmtertal upon the brodmre or mqr vateb f~ Iota, provided tlmt ~lum emro ~ d~ be eimrelmmd to a~d'~ ~ ~ MF~ ~ ~ ~ ~ ~r ~d ~d er ~~-~ ~ h M ~ ~ ~ ~ ~~~ ~, ~r~. m~~~m~~i~r~ ,IJmt~ ~ ~ M ~ ~d ~ ~. P~ ~ h~t f~ ~ m~ ~ ~ ~ a ~, ~ er ~~d ~ ~ a~~ -4- ST,'. TL C?i~v: .NE':~? YC' r'-n 'this .... ,~nu~..y, luo¢.' .... before me, the subscriber', per'eon:ally :;.ppeared "-' ('.¢BE :AT H. i--.;~ to me pe:son¢lly known and known to me to be the same p~:rson described in an,5 wac execs'Ica the w'itt~tn instrument, ~n~J he acknowledge,~ to me that he execu~:ed ti~e same. ,£T..,%.TC (':~:' NEW COUNTY £,.'~.;' $U'¢' ~. n thia/?/ag day of J~mu;::~ry, 1~,:}56, before me, th~~, ~ubscriber, peri~onally appeared t,_~. me ?ersonally known and known to me to be *.ne same person described in an':), w}~¢) executed the within instrument, and ne acknowledged to rne taat he executed the s~.me.