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HomeMy WebLinkAboutSchafer, Katherine J. - W/Drawn MINUTES SOUTHOLD TOWN BOARD August 10, 1965 PRESENT: SUPERVISOR LESTER M. ALBERTSON COUNCILMAN LOUIS DEMAREST COUNCILMAN HOWARD VALENTINE JUSTICE RALPH TUTHILL JUSTICE HENRY CLARK ROBERT W. TASKER, TOWN ATTORNEY ALBERT W. RICHMOND, TOWN CLERK Re: Property of Katherine J. Schafer East Marion, New York SUPERVISOR ALBERTSON: This is a public hearing on a change of zone applied for by Katherine Schafer of East Mar[on_ We wilI open ttle hearing with a statement frorn the attorney for the applicant. IRVING L. PRICE, JR., ESQ.: On behalf o£ Mrs. Schafer, the applicant, I wish to withdraw it on the grounds that there has been a question of title , including the description contained in the petition, raised. The dispute would have been raised here tonight. We fully intend to file the application again with a description of the property when the disputed matter is settled. KENNETH SLOCUM0 ESQ.: If it is alright I would like to say something. I was retained by a group of residents of East Marion to object to the appIication. I would not have raised the title question, iVIay we stipulate on the record that my petition will be inserted in the record aIthough it is dated ~or a hearing at this time? On the petition 1 inserted "this description or any amended description". IRVING L. PRICE, JR. · ESQ.: I will waive and stipulate that any dates are immaterial. The contents and form of the petition I will not stipulate. KENNETH SLOCUM, ESQ.: Thank you very much. SUPERVISOR ALBERTSON: That is ail. Thank you for coming. NOTIOIg OF BiEARZNG ON P~ TO-~D ~G O~N~CE STATE 0F ~EW YORK, } ss' ~nt ~ ~cti.on 265 'of the COUNTY 0F SUFFOLK, ~ ~ .and ~ticle IX of the- c~ '.? ~ ~ ~- ~~ bein~ duly Sworn ~fl~ Zome ~~ce of the c~ ~-~ ~ ,~,~.~ ~c~: ........................ ~ ~ ....... ~..~ ...... ,~c,m..~ff.,..~ ........................ T~n of. ~~, ~folk Co~, .~ ~, ~,, - ty, N~ York, public h~~s ~H says that ....... (~......... is P~nter and Publisher of the SU} } 0LK ~ held ~ the S~old Town ~ard at the ,~fl~ .~ ~e Super- TIMES, a ncwspaper published at Greenpo~, in said county; vier, 16 ~~ Strut, ~en~, New York, in ~d T~ on ~e and that the notice, of which the annexed is a prin~ed copy, 10~ ~y of A~, 1965, at 7:~ .o'cl~k ~ the eying of ~id day, has been' published in the said Suffolk Times once in each on ~e falling ,pm~~ ~. ~ ~c~... ....................... week~ ~end the ~lding Zone Or- week, for ........................................................................... " di~e ~1~~ Building Zone ~.~-~,~_,.. Ma~) of ~ ~n of ~u~old, successively commencing on the ..~.~-~-'-*:~-~.~. ...................... S~folk ~ty, N~ York. ~'~.~ .- ~ ~ ~ ~ ...... 1. By ~angi~ from "A" ~- day of ............ :f"~'~t"~"~ ............ ~0~ ~ , _ ,J .......... ........ l~tng d~~ p~rty: Sworn to before me t~is ...~ ............ ~ ~, ~1 ~atce~ tr~tor~r- ~~:~ } ............ ,. ~ 0.~.. ~ telethon,Of l~ln ~he~[u~~n ofa~u~-~ d~y of --., ................... o~, ~fol~ ~o~,~ ~ew York, ~d de~~ .~ ~11~: ~n~g ~[ ~ mo~~ on . n~ or fo~erly of Cow~;, '~':., . a~q . .the~ N. 9° 27' ~', W.-12.4~0{ :~..~ .~?.,.~ ~ fe ; ° w.-, ~.~ f~, ~re or le~; ~ence { auai~i~d ?['...'~.~ch '~ N. 78° 47' ~" E.-a dis~nce of~ ~erm ~' 2~ f~t, more or 1'~, ~o a ~~nt; ~~e S. 12' 29' ~" E.-159.~ l~t ~ ~e ~d no~-. {.erly ~.ne ~ ~ ~; ~nce S. 83% ~' ~" W.-I~.~ f~t; S. ~' ~' ~" W.-92.~ f~t ~. the ~int or p~e of ~~, ~n~~ ~A ~re, ~re or 1~. A~ per~n d~i~ ~ ~ h~rd COUN~ OF SUFFOLK ~ ss' on me p~ ~e~ments, STATE OF N~ YOR~ should ~~ at' the time a~{ place ,~bove ~ified. D~ ~Y 13, BY O~ OF ~ ~~ ~~ BO~ ~ C. Whitney Booth, Jr., bein9 duly sworn, says A,I,~T W. ~C~, ~~ C~ 1~3 thot he {s the Ed{tar, o{ THE LONG T~VELER - MA~iTUC~ WATCHMAN, o public news- paper printed at Southo{d, {n Su{fo[k Count; and that mo't'l~ OF HEARING ON' the notice of which the annexed is a printed copy, has been p~O~OSAL ~O ~M~ND ZO~60RmNA~C~ published in said Long Island Traveler-Mattituck Watch- B~w and Ar[iele I~ of ~he Buildin~ mort once .... wegeks Town of ~u~h- the D ~' ~' z~"~_ old,g°nesuffolkOr~nancec°unt~'°f ~he~ew York, puMie successively, commencinfl on ........... ~ ~.-~m ........---' Town ~ard a~ ~he office of ~he Super- doy o{. ~ .......... ~ 19.. vier, 16 South Street, Oreen~rt, ~ew :~ ~,~/ "'~J. /~./.., .j /./] York, i~ aid ~ on the 10~h flcY of Au~us~ 1~5, at ~:30 '0'cl~k in ~he eve- '~' . ................... ~.......~..~._ . .... ;. .. nin~ of ~id day, on the followi~ pro- . .............. posal ~ ~end the B~ld~S ~one Ordnance (inclu~ng the BuQding Zone Ma~) of the Town of ~uthold, Su~olk county, New York. changing from "A" ~sidential ~ ~ 1. By and Agricult~al District to "B-2" .~ ... Busine~ District. the following describ- ~worn to be{ore me this ...... ~'~ ....... daf land si~ua~d a~ ~as~ ~arion, ~n ~he Town of 89u~hold, 8uffol~ ~oun~7, ~_~ ~ew York, ~d more p~r~[cularly ~¢nntn~ a~ ~ monumen~ o~ ~he ... .............. nor~herl~ line of ~in ~oad a[~ the ..... :~ . , ~o~~b~ ~u~hwesg comer of land' now o~ fomerly of Cow~; ~h~nee ~o. 0~ 10° .01' ~" W. ~0.00 feeg, more or le~ thence N. ~8° 4T 20" E. a ~'~'[ distance of 2~.~ feet, more or le~, ~,~,:t~..., o :,.,. .,~e-- ._.'. _~;'¥':.. .., to a monument; thence S. 12° 29 ...... "' .... ~" :" ';'~ ' 131 ~ 50" E. ~ 159.80 feet to the said ~,~.,.c~:.~s,~ a~- ~ ~;..-,;'~ V northerly line of ~an R~Q; Zhence S. ~ 41' ~" W.~I~.~ fee~; thence S. ~o ~, 00" W.~9~.~ fee~ to the ~ or pl~e of ~in~g, con- ~{ining ~i acre, more or le~. Any ~rson desiring to ~ 'heard on ~he propo~d amen~en6 should ap- ~ ~ the time and place abo~e s~ifi~. DA~: JU, LY 13, 1965, BY ORDER aP ~ ~U~O~ TOWN BOARD ~BERT W. RICHMO~, TOWN CLERK NOTICE OF F~EARING ON PROPOSAL :PO AMEND ZONING ORDINANCE Pursuant to. Section 265 of the Town Law and. Article i-..~n of Southo! of :he Building Zone Ordinance of the "~,~ ~uffolk County~ Next' York, public hearings will be held by the Southol~ ~tc~n Board at the office of the Supervisor, 16. Sou~ street~ Greenport, i~few York, in said 'town on ~he 10~h ~lay of Au%?ust 1.965, a-t 7:30 o'clock in the ,evenin,~3 .~f said day, on 't. he following proposal to amend ~he Building Zone Ordinance (including elbe Building Zone .}~.ps) of ~he ~own ~3, f So~thold~ ~9. uffolk County, New York. changing .from 'A'' Residential and Ag'rlc~.~!t'ural District t.c ~'B--2~''' Busines~ DX, strict the following ~.escribed property All that certain tract~ or. ?.-arcei of land~ situated at East Marion, iD. the Town of Southc~ld, Suffoli% County, New York, and. ~gre particular/.~? bounded and described as follows~ ~2!+eginning a't a monumen~ on %.he nortl~erl].:~ .'line of M.a"',", ~,~e south%~est ~<..,zner .of laJ~:'~ n~.~ or 1 .... Road at '~ feet :. '~ence ~:~' i 0': 01 ' '"~'~"~ ~' ': '~ ..... -~,, .::~. -~6i~. 00 feet.~, mort~ .':pr less; ~2hence N. '78'''~ 47' .2~'~" ~.~ a ·.distance ~.)f 200.00 feet, ~].ore or less, to .s. ~::%onument~ thence 5~, 12 '~' .2g.' 5~..,''~'' L,~ .~'~59.80 feet tc the said ~'.~or+dherly~. !':~l~,e .:.)f ~4a. ir~ ~{oa~' t'hence ~. 83~:-'' ..4.].' O0~' %.':~- i. 00.55 :?eet.? thence o.f '~o~:'~inninc~~; ~ ~ containinc'. ,. 3/.a.., ..... acre, 'more ,or 'k~s~. Legal ~otice Page A.n',~ person des irin.q to be b ~ .... ear,~ on the .groposed amendment should appear at. the time and place above specified. DATED: ~'~3LY' i3, 1965, BY ORDE~ OF THE SOUT~OLD ~{N BOARD ALBERT ~,~. RIC~MOND, ........ PLKASE PUBLISH ONCE, JULY 23, '£965., AND FORWARD THeE {3} AFFIDAVITS OF PUBLIC~,.TION IMMEDIATELY CLERK,~AIN ROAD, SOUTHOLD ~ NI~W NORK. Copies _~ailed to the following on July.~ 14,1965~ Th~. ~ong Island Traveiler-Matt~tuck The suffolk Times Irving ~L. Price. Southold Town Planning Board c;OUTHOLD, L. I., N. Y. PLANNING BOAED MEMBERS John \Y./ickham, Chairman Henry Moisa 12 1965 Archibald Young %Y/il lia rn Unke[bach Southold Town Board 16 South Street Greenport~ New York Gentlemen: This is to certify that the foll~ing action was taken by the Southold Town Planning Board at a regular meeting held on June 29, 1965: In the matter of petition of Katherine J. Schafer, for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property situated at East Marion, in the Town of Southold, Sufffolk County, New York, and more particularly bounded and described as follows: Beginning at a monument on the northerly line of Main Road at the southwest corner of land now or formerly of Cowan; thence N. 9° 27' 00" W.-124.20 feet; thence N. 10° 01' 00" W.-60.00 feet, more or less; thence N. 78° 47'20" E.- a distance of 200.00 feet, more or less, to a monument; thence S. 12° 29' 50" E.- 159.80 feet to the said northerly line of Main Road; thence S. 83° 41' 00" W.-100.55 feet; thence S. 88° 03' 00" W.-92.00 feet to the point or place of beginning. Containing 3/4 acre, more or less. It was RESOLVED that the Southold Town Planning Board does not favorably recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "B2" Business District on the property of Katherine J. Schafer, as described above. OFFI ERK SOUTHDLD, L. I., N. Y. June 28, 1965 Mr. John wickham Chairman Planning Board Cutchogue, L.I.,N.¥. Dear Mr. Wickham; The original petition of Irving L. Price, Jr. the agent for Katherine J. Schafer, residing at 611 First Street, Greenport, L.I.,N.Y., relative to change of zone from "A" Resident- ial and Agricultural District to "B-2" Business District on certain property situ- ated in East Marion, L.I.,N.Yo is in the files in the office of the Planning Board at Southold, New York. 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 yours~,~ Albert W. Richmond AWR/mr Town Clerk IRVIN6 L PRIC~, JR. June 9, 1965. Mr. Howard Terry, Building Inspector, Southold Town Hall, Southold, New York. Dear Howard: Enclosed herewith please find survey of property for which I filed application for a change of zone this date on behalf of Mrs. Katherine Schafer. The particular part l~ing applied for is that small section in the lower right hand corm:r marked in pencil. Thanking you for your courtesy in this matter, I remain Very truly yours, ILP:SD Enclosure CAS NO: / I STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE IVIATTER OF THE PETITION OF FOR A CltANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 2l. I, ...~..R...V..~..N..~..~,...~J~,...v~ ................. residing at ~.~.~..~.~3...S.!?.~.e.~,...9.~.~pprt (insert name of petitioner) the a~ent for Katherine J. Schafer, residing at 611 F2rst Street, Greenport, New ;York, Suffolk County, New York, the undersigned, am/the o;vner of certain real property situated at East Marion, New York and more particularly bounded and described as follows: Begirming at a monument on the northerly line of Main Road at the southwest corner of land now or formerly of Cowan; thence N. 9° 27' 00" Br. 124, 20 feet; thence N. 10° 01' 00" W. 60.00 feet, more or less; thence N. 78° 47' 20" E. a distance of 200.00 feet, more or less, to a monument; thence S. 12° 29' 50" E. 159. 80 feet to the said northerly line of Main Road; thence S. 83° 41' 00" W. 100.55 feet; thence S. 88° 03' 00" W. 92. 00 feet to the point or place of beginning. Containing 3/4 acre, more or less. 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 lhereof, as follows: Rezone above described premises from Residential and Agricultural ("A'~ District to Business Two ("B2'') District. 3. Such request is made for the following reasons: Premises are improved by old residence which has appeal as an example of old architecture, especially certain features such as door frames, window lights and mantels. The best economic use owner has been able to arrange is rental to persons who wish to conduct a dignified antique sales place in said dwelling while also residing there. This will insure premises will be retained in present state and not re~noved piece by piece. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) IR\rING L. PRICE, JR. BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read lhe 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 this ...P~h.,. day of .............. q~.P~ .............. GKOBG£ A. McMANN, NOTARY PUBLIC, State Ut New York - ---- -_ _ SCHO61- O/STRICT NO. H TETTER N7026pO"W II --- -__` N. /O3B'20'W. - 7;4-.4giN.9°5320'h; /Z — POOL6 - i O M 12 D° O 600'y O• —_. � '1 O.W.R. P, : �.-- R.O.W. TO MANN ROAD 19le,BT it . 59270p"E.-(24.20, S./O°O/ OO"E. -263.40 -------- -- E. KING I �.- N MAP OF PROPER7`Y" SIJRVti"YEp FOR OTTO SCHAFL:R AT SCALE : /00'--/" EAST MARkjN P/P5: D N.y. MON.'M - SU2VEYED OEC.'d/ /9BS OTTO W. V,-\N TUYL 4t SON a v L/C. LAN4P .3URY.L°'1'Orsxi' GREENPORT NEW YO/2K