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HomeMy WebLinkAboutSemerjian, George G.- WithdrawnRICHARD ~J. CRON MAIN ~OAD 26 February 1970 John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11917 Re: Zoning Application of George G. Semerjian Premises - East Marion Dear Mr. Wickham: Please be informed that in the light of numerous factors, my client, George G. Semerjian hereby wishes to immediately withdraw his application for various zoning changes proposed at premises in East Marion, Town of Southold, New York. This instant date we are also informing the Town Board by letter that said application is to be withdrawn and no further action proceed thereon. In behalf of Mr. Semerjian and myself, we sincerely thank you for your courtesies and understandings in this matter. ~_nc'~re_~ ,. / RJC/j f cc: George G. Semerjian Reilly, Like &Schneider, Esqs. February ~, i97u James Vaughn, Attorne] 3[:~ M~in Street Huntin.~ton, L.i., New Yor~; 11743 RE~ £~lan~in~ Boaru [,~ee.&~:~.~ of February 4, i97~, consiaeratio~ o~ ~ecommendation to To~,~;~ ~z~ on chan..~e o~ ~ohe~plication of ~3eo. ~iemerjian, propei'~ located at hast i-~r ion, Jear Sir;~ In reference to the :above captioned ~ petition in opposition to this cha'~?e of ~une ~a c~e ~- ~ held on February 4, 1970. Please foi'-~,a~.., z, coi~ of ~ <. 21tion, including ali. names of petitioners, so that it ~a= .~e ~.Lace~l i~ the original file. Yours truly, Betty Nevil2e, Secret~z~ ~outholfl To%.,,n P!an.~in~ ~o~:r fl UHVIEW ( ~v/oi]in~ ~dress: EAST MARION, N.Y. ] 19~9 c/o I'~r. Charles ii:. !~/ior~nd , P.O. 5ox ~)z~ Greenoort/N.Y. 119~) East Marion, February ¥, ]970 TO ,'7HOI¥1 IT f~"AY CO)iCE~N The A~uaview Pronerty Owners AssocJation~ Incoroorated~ consistin~ of 18 members~who either own oroperty on the sonnd or are entitled to beaca orivileges, object to the anvlication made by Mr. Semerjan and ask that it be de- n~ed. For the A~uaview Prooerty Owners Association~ Inc. Treasurer Box 1195 February 4, 1970 Southold Town Plsnniug Board Mr. John Wickh~, Chairman ~ontlemon: Although it may be early ~o take a position on the petztion of Mr. George Semerjian to excavate and construct e marina at East Mari~u, since the details of his petition as recently submitted seem so imprecise as to ~e ephemeral, I should like to reiterate two points of which I am sure the Planning Board is already more t~an aware: --IF marina construction involves digging into the shores, we are warned .~y Raymond ~ May Associates in the Southold Town Develo~ent Plan~s section o~ w~ter, as well as the Suffolk County and ~her water authorities! that such disturbance threatens the underlying aquifers, bleeding out fresh water and allowing salt tc intrude. It wo~ld see~ that the possible effect on the entire East }.~aric~ water table, already jeopardized, could be serious. According to the Levon Properties Corporation's owu well testers, this e£fect has already been achieved by the firm Mr. Semerjian founded and p~rtly owns in their Jamesport operation. --IP marina construction, furthor, involves the erection of S o~nd jetties and other current deterrents, littoral drift will have the predictable effect of scouring out the sands to the east. Such an effect has already caen achieved just east of Jamesport where some beaches at Mabtituck P~lls h~vs ~ee~ scoured away to the b~se of the cliff. This contains the seeds cf disaster for the toy,s-owned par~ e~, ~rum~n or Stephenson~s Beac~, where no more than a hundred feet of sand separate the So~nd fr~ Dam P~nd and an invaluaole area of natural wetlands. In fact, the erosive process, once started, could conceivably cut through to trient Haroor on the s~th, creating an innermost Plum Gut and ~Ffectively neroc~ing brient as ~n island. Iu presenting this counterpetition I addrcss you as an interested citizen end e writer on the natural sciences. Feb~ Y 4, 1970 To: I~. John Wickham and members of the Planning Board. From: Southold Unit, Lea~ae of ~smen Voters ~e have the following ouest!ons to ask about Mr. George Semerjian's ylans for changes of zoring at East ?~arion relative to construction of a marina !. ~hat ~rotecting jetties will be necessary to g~aard the marina entrance? How long, ~_de, an~ dee~ must they be setl 2. ].~hat will be the starting an~ fi~isning date of the marina construction? {ow many years w 11 it take to deveto? it? ~at disposition is to be made of the "fill"--how is it to be handled, carted or shiope~ out, at what rate per year? How ma~¥ cubic yards must be moved? How many years will this take? ~hat kind of well will be required to !~um[ how ~ay millions, of gallons of water ~er day to wash this fill? Shouldn t the need for such a well be considered now, as part of the plan, to be related to the water storage conditions of the aquifer in that area? How will this affect salt water intrusion into the freshwater s~ora~e of the aquifer? How many units of living space are envisioned for this marina resort complex? How ma~y gallons of water a day will be recuired to service them? h~at sanitation facilities will be required? 6. If jetties are built ~h~t will protect Stephenson Beach from erosion, to the east of them? If erosion occurs, who is f[nancially resoonsible for the damage to town property and private property? i~hat financial evaluation can be ~ut on the marina ~omrlex [roject as a ~nolel Shouldn't ways be explored to see if a performance guarantee can't be t~osted i~ proportionate value, recuire{! as proof of sincerity? Until questions like these are answered, the present iuforr~ation incorporated in the p~an seers so incoi~! lete as to justify tutoring it do~ or at least turning it back to 52r. Semerjain for further details. February 4, 1970 Planning Board $outhold,' New York Gentlemen: Ny name among others, is James J. Yaughno I am an attorney representing~ the following people: Mr. Robert F. Reybine, Mro and Mrs. George Parker, Mrs. Marion Gillispie, all of East Marion; Lawrence'ReYbine~ ......... Joseph Woglom Mr. Frank Fagan, Mro George Rowsom, Mr. Mr. Robert Hughes, Dr. Armond Rose, Mro and Mr. John T. Morris, all of Orient. My clients oppose the application for a change of zoning on the ground that the granting of this change would result in irreparable harm to the immediate and adjacent areas in questio~o, ~y clients, mos~ of whom own property adjoining or close to the petitioner's ~ract, believe this applicagion is not in the' public'interest and is not in accordance with the best 'thinking With r~gard to the overall development of Southold Town. In addition, there is no time table for development. Since the map and the engineering are not cbmplete, we cannot speak as to these matters. My clients~ opinions in this regard are substantiated by engineering reports~ surveys and opinions by .'.responsible, qualified.and competent_individuals Specifical~¥~ we re'el that to grant the pe~itionerts appl±ca- tion for rezoning ~ould have the follow±ng effect: AoOVerburdening of the already strained water supply of the East Marion area ~ould lower the no~ precarious ~atev -2- table to a dangerous level and allow salt water intrusion into the fresh water supply. There is also the effect of the waste from the restaurant operations. Bo Erosion of beaches immediately to the East of the pro- posed jetties with resultant complete separation of one part of the island from the other. C. A 'gener~l change in the ecology of the area and the aesthetic use and beauty of the area. One of the most important factors in the protection of this area is the protection of the high banks along the sound shore. To grant this application would in our opinion result in making a desert of East Harion and an island of Orient. I hand to the Board herewith a letter dated February 2, 1970, si~ned by Dr, Robert Cushing Hurphy, Chairman of the Department of 0rnithology of the American~useum of Natural History~-d~st~ngui~hed ..... naturalist explorer and writer, among his published works, The Fish- Shape Paumanok, which the author describes as a study of nature and man on Long Island. His letter states his view in opposition to the application. Dr.. Hurphy could not be here this evening because he is preparing for a trip to South America and had to go into NewYork today to receive his shots. I have also received a letter from Julius Schubert, a consulting engineer who is unable to be here tonight because of a prior commitment. He would be glad to testify at a subsequent meeting as to the effect of Jett±es extending into the sound. Finally, before ~ introduce ~y first witness, ~ would like to draw the attention of this Board to a matter whEch X am sure you are familiar. There is at the present time a ~ariner project under construction at Jamesport. This project is being developed by an organization of which the applican~ is a principal. We would point out to the Board that~here is substantial evidence that th~ project has resulted in the very damage~to the surrounding area which we predict i~ this application is granted. Now I would like ko introduce Mr. John Flynn of the Suffolk County Department of Health, Assistant Director of Env. Health. John MOnsell, Superintendent of Greenport Utilities, sub-offices Water and Electric, Greenport. John Appelt, local authority on the water tables and problems in this area, Inasmuch as the applicant has not submitted detailed plans and specifications as to its operations and proposed Jetties, we reserve the right to submit further information, especially on the effect of Jetties out into the sound. The applicant has not given detailed information concerning its proposals and, therefore, any engineering objections we would have would necessarily be stated /n.generalities. In the event the application files any additional information or any specifications, we~reserve the right to submit further objections and information on behalf of our clients. We respectfully submit that: 1. The application has not submitted any proper map of the proposed development. 2. There is no time table for the proposed development. 3..The important item in the protection of the ecological stability is the stability bordering the Long Island Sound. 4o The a~plication has failed to submit any qualified~ proper or detailed engineering information concerning its propos~dd~velopmento THE AMERICAN MUSEUM OF NATURAL HISTORY CENTRAL~ PARK WEST AT 79TH STREET, NEW YORK, NEW YORK 10024 February 2 1970 The Town Board Southold Iq Y 11971 Gentlemen It has been brought to my attention that a builder and developer has re- quested the Town Board of Southold Township to make a change of zoning, both upward and downward, involving some 85 acres of a 13Z-acre tract along the Sound in the village of East Marion. He asks this change to enable him to construct and operate a family recreational resort, motels, restau- rants, swimming pools, tennis courts, a golf course, shops, and a marina to accommodate the largest of commercial and pleasure craft. The last item would involve down-zoning to class "B" 3Z acres on the eastward- facing waterfront of Long Island Sound The first point to be considered, in my opinion, is the question of dredging and removal of sand and gravel from the marina area. If such is incidental to the construction of the proposed marina, the request should be denied forthwith. The time has passed for authorizing sand and gravel mining on .any part of the Long Island coast. The only acceptable source of such marketable material is inland, in the Harbor Hill and l{onkonkoma moraine s The writer is familiar with numerous examples of mining from floating dredges. He has watched and opposed many mistaken actions by town boards in granting such privileges, notably in the case of Mt Sinai Harbor which, be- tween 1910 and 1937, has been ecologically destroyed by dredging, it will require not years, but centuries, for this body of water to reconvert its present scoured and sterile bottom to a habitat that can support the chain of marine life which once led to an abundance of hard and soft clams, bay scallops, oysters, blue crabs, terrapin, muskrats, marsh birds and water- fowl, etc You have only to look westward in the Sound to see the progressive deteriora- tion that sand and gravel removal has effected. It would not take long to reduce your beautiful and healthful coast to the ghastly condition of once- charming Roslyn Harbor The Town Board -Z- February Z 1970 As to the balance of the ambitious plan, where is the demand for such ~facilities? Does it now exist or does the developer merely hope to build it up? Do you want the hordes of transient people needed to support the restaurants and other projects described in the application~? Would these visitors be in the main intelligent tourists, seeking the cultural institutions and attractive landscapes of Southold Town? The two eastern flukes of Long Island, particularly the one ending at Orient Point, are virtually the only parts that retain any of the quiet pastoral charm of the past. They also have very limited water catchments because of their narrowing toward the tips. Their water-table has become barely adequate for the present population. Any undertakings that might lead to erosion or to the further infiltration of sea-~vater in your area are to be studiously avoided. In this disastrous period of doubling and redoubling of hunnan population we surely need more backers of the status quo Yours very truly 79 I:'TON ROAD ,~ ~ RDE:N CITY, LONG ISLAND CONSULTING ENGINEER DOLPHIN-WAY, RD, # I RIVERHEAD, N. Y. Julius Schubert, P.E. Consu/ting Engineer PROVIDING SOLUTIONS TO A DIVERSE RANGE OF ENGINEERING PROBLEMS TECHNICAL ABILITIES · Planning & Design, Site and Structures · Engineering Analysis · Structural Failure Investigation--Masonry, Steel, Etc. · Mechanical Engineering--Heating, Air Conditioning, Ventilation, Plumbing, Sewage Disposal, Electrical, Acoustical · Air Pollution Area Surveys--Ringlemen Smoke Chart Analysis · Testing of Soils, Concrete and Noise · Exp~rt C~urt Testimony EXPERIENCE AND PROJECTS DIVERSIFIED RANGE Apartment Houses Banks Bowling Alleys Car Washes Churches Department Stores Factories Homes Laundromats /~otels OF PROJECTS Municipal Engineering Office Buildings Restaurants Retaining Wails Schools Service Stations Sprinkler Systems Sewage Disposal Shopping Centers Swimming Pools PROFESSIONAL AFFILIATIONS Licensed by the State of New York and State of New Jersey as a Professional Engineer Past President and Member of Consulting Engineers Council New York State, Long Island Chapter Member: New York State Society of Professional Engineers Nassau and Suffolk County Chapters American Institute of Physics American Society for Testing Materials National Panel of American Arbitration Association Llcensea Professional Planner Dear Sirs: I am writing to express my grave concern over the petition of George SemerJian to develop a 135-acre tract in East M~rion. As far as I am concerned, the Jamesport operation of Levon Properties and George SemerJian speaks for their petition. It is not questioned that the North Fork direly needs jobs ~nd e~onomic development, but we must be thought- ful about how we proceed. We must learn from the mistakes of other areas. In this particular case, I hope that if any positive action on the petition is considered, an evaluation of the plans by a competant team of environmental planners and ecologists is made before any Town committment is rendered. In addition, if the positive action is con- sidered after suc4a a study, that the Town will protect itself legally ag~nst any exploitive or public nuisance industry. Thank you for your attention. Sincerely yours, (3) (2) (1) 1 .2,3. January 29 1970 Mr John Wickham Chairman Planning Board Town of Southold NY Cutchogue L. Ia NY 11935 (1) SemerJian ........... East Marion (2) Curtiaa/SemerJian...Jamesport (3) Curtlsa ............. Eaathampton Dear John The attached 4 page memo ia one you asked to see,represents preliminary thinkin~ of the Easthampton Planning Board on proposed 5000 unit project on west shore Fort Pond Bay.Not for oublicatlon. Has many paralels with subjects (1) and (2). The widespread interest in the Engineers hearing on Feb 13 extends to many local groups,individuals,newspapers,NY Times & NBC. The feeling I get from these groups is that a strong showing by Southold may help prevent further destruction of water and beaches at the westerly end of our town,as well aa helping to prevent a similar situation developing at East Marion,where Pirnie shows one to two feet of water table,and U.S.Geological Survey(4/50)shows one to one and half feet of water table,and beach destruction could occur to the newly formed East Marion/Orient Perk District. Permission to construct a marina on the Sound Bluffs At East Marion...wlthout regard(except in a generally defined area) to size,location,depth,end time,conditions,or bonds strikes many people as dangerous,imPl~in~ as it does the necessity of Jetties for ingress and egress to the marina,controlled by the absentee Engineer Corps.They feel that the Corps record on the North Shore of Southold is less than bright and has included destruction at Peconic,J~mesport,and Mattituck. To me it seems naive to suppose that digging will cease as soon as the Latham Sand Pit is filled.. there are no engineering studies as to yardage required etc .... whet to do with the excess will concern the Board Of Appeals, Art 1V,Sec 400,item 22...natural production uses such as"excavation for sale of sand,gravel etc..are permitted only as a special Exception of the Board of Appeals. A Westhampton type situation could develop where Jetties are built to protect damage from Jetties already lnstalled...and no funds to pay for them. Most serious,of course,would be the destruction of part of the fresh water supply which serves East Marion and Greenport in part.For the protection of all interested parties,there should be an expert opinion from Malcolm Pirnie. What do the Towns get in return for destruction of water and beaches? The arguments have a ring of similarity...higher tax base,more employment(seasonal ?),Riverhead...an industrialized marina etc...Southold..a resort complex...at Eaathampton..aeveral hundred acres for TOE use,school site,golf courses,beach arc.These distant promises,many people seem to feel,are easily and cheaply made without any guarantee as to performance. RWG JUJAMCYN THEATERS NEW YORK, N.Y. 10036 January 28, 1970 Mr. John Wickham Cutchogue, New York Dear Mr. Wickham: I am writing to tell you how strongly my wife and I oppose the pos- sibility that zoning variances and other permissions may enable Mr. Semerjian to develop in the East Marion Woods wide-ranging resort facilities and a deep-water marina to be made possible by excavations into the bluff and jetties in the Sound. It has been re- vealed through painful experience that such excavations contaminate the ground water supply through salt water intrusion, and that jetties into the Sound seriously erode and damage the beaches immediately east of them. I fear that the narrow barrier beach stretching from the East Marion Woods to Stephenson Hill could be damaged or de- stroyed irrevocably by the installation of such jetties. I know that you cherish the beauties and values of life in Southold Town perhaps even more that I do. I greatly admire your work and that of the l~lanning Board in your thoughtful mapping for the town's orderly future growth, l~erhaps you feel that a facility such as Mr. Semerjian proposes could increase the wealth of the town with- out increasing the tax-load of home owners. But - with a contam- inated water supply, and with our beautiful East Marion-Orient l~ark District beach eroded back to the wetlands behind it - the town will have lost two if its greatest treasures. IVey wife and I are quite new property-owners on the East Marion beaches. Like most residents of this very beautiful East Marion- Orient area, we love it for what it is - not for its potential exploit- ability. We pay very large amounts in taxes to Southold and require very little in return - no schooling, no city water, no sewer system, no garbage removal. But we do require that our fresh water supply remain adequate and that the Sound beaches, and the waters north and south of them, remain as beautiful, as undamaged and as undefiled as they are now. 1V~r. John Wickham -2- January 28, 1970 Yon have said, at the meetings of the l°lanuing Board last summer, that the needs and wishes of the part-time residents are important to you. On an issue like this, where part-time and full-time resi- dents join together with what I anticipate will be near-unanimity, I hope and trust you will find ir~ our wishes a moral imperative. Thank you for your attention. SHS:rc Samuel H. Jenuary 23, 1970 Best 36 Htdlend Avenue Paramus, New ~ersey Attention: Mr. Brnest WhltXo~k TAste has been and st111 Is tn process a big hesse1 over the dredging operation of L~von Properties, Inc., a short distance west of our Town llne, in Rlvorhead To~n. They have ~ected stone Jetties out into L.I. Sound, &bout 300 ft., we belleve by permit fro~ the Army Bnglneers. There has been a very heavy erosion along the shore of the sound on the easterly side of these Jetties as one might expect, High tide now nearly reaches the foot of the high bluff in t~at area. Needless to say the residenta are pretty hot a~out it. Incidentally, a sbatlar condition exists Just east of the Jetty the County built under permit by th~ Army Bnginoors erected at Goodemith*m ~nlet In Poconlc. Here the erosion due to the Jetty has undermined houses. There ts now pending before the Army Bngineers an application to e~tend the Loves Properties Jetties another 400 ft. out into the sound. They have scheduled a publlc has, lng on the matter Februazy 13, 1970, at ?,00 P.M. in the Roanoke Avenue School0 Blverhead, We would .appreciate it very much 1£ ~ou could write us letter oxp=ess~.~ your concern on the part of Southold Town. Although it is not pertLr~nt to this he&Ting° their deep well for washing send & gravel has reportedly gone salt and (2) their excevetio~ 8nd bsrqe load/~g is being done in"open face cut" wl~h no attempt to intercept the movement of fresh water into the salt. One more th~ng to bring you up to date. Last June Rlverhead Town proposed to eradicate the 500 "A" buffer strip adjacent to our To~n l~ne. We filed an objection and after a hearing before the County Planning Cogmiasion where we based our case on the ~i~s~ge to ou~ water resources in thtt ~ea, the Planning CommiBsion sus~ained our objection. Now we have · related and perhaps more Immediate problem. The promoter and one of the pr~ncipsl stockholders of Levon Properties has put together a parcel of 132 acres on the Sound at the west end of Dom Pond between East ~arion and Orient. He asking for a change of zone to "B" on 32 acres on the Sound with the plan of dxedging a marina "for the largest pleasure boats", coauercinl fishing boats, and a motel operation. Heedless to asF a large number of our residents, civic associatior~. and other groups aJce up in arms over this proposal. Our own thinking is that in addition to tht,ater problem here, the erosion due to the Jetties which ere also proposed might well wash out the low beach north o£ D~u Pond. stoking Orient an island. The results of such a condition might be appalling. It might even develop into another Plum (Jut. Here again, we would l~ke very much to have a letter from you which might be used at the public hearing on this zone change. Of course we would expect to pay for services rendered. Should 4t be necessary at s~ao thus in the future to have direct professional test4mony at any such hearings, would you be willing to appear or send someone qualified to give expert opinions and testimony, and in such a case, about what could we expect in costs to the Town? Needless to say the Village of Oreenport is fully as concerned about the East Marion project end will be represented at any hearings held on feline. Trusting that you will be able to give this advice and assistance. Very sincerely yours, John Wlckhem. Chairman. Planning Board Albert M. M&Ttocchia, Supervisor P.S. - X£ you nsedanymore info,marion on either of these cms. we suggest that you cell John Wlckhmuat S16 734-6441 preferably between 12 noon and 1,00 P.M. any day or James aoneell at the oreenport Village Off~oe 516 47711748 during office hours. SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. January 22, 1970 l'~. John Wickham Maiu koad Cutchogae, ~;ew York Dear Mr. Wickham: As secretary of the Southold Town Conservation Advisory Council I am sending you, enclosed, a copy of a resolution passed unanimously at our last meeting on January 19th. It puts us on record as being opposed to the petition of Ur. George Semerjian for changes of zoning to develop a marina complex in East ~'~rion, for reasons stated. When ~r. Semerjian's request for zoning changes at East k~rion comes before the Town Planning Board, of which you are the Chairman, we would like this resolution to be read during the hearing and included among the factors for consideration. Yours sincerely, Terry ~arnan,""~r-~'ry January 20, 1970 Resolved: That the ~outhold Town Conservation Advisory Council wishes to go on record as opposed to the petition of Mr. ©eorge Semerjian for changes of zoning to develop an area in East ~arion adjoining Dam Pon~, objecting particularly to the construction of a marina co.~olex "to acco~no- date the largest of pleasure boats" etc. The dredging that we believe would be necessary in order to construct such a marina would, in our opinion, have a deleterious effect on the ecology of the whole area in the following ways: l) the dredging into the shoreline would cause salt water ~tD~sion into our limited freshwater underground supply; ?) any jetties that may be put out in this area to protect the harbor of said marina will, because of the prevailing littoral drift, threaten erosion of the Town-owned beach and wetlands immediately to the east, with the possibility of opening Dam Pond, and consequently Orient Bay, to Long Island $ou~. This motion has been passed by the Southold %own Conservation Advisory Council unanimously. All members were present: Chairman Clement Booth of Southold, Thomas Reeve of Mattituck, James Mulha!l and Terry Haman of Southold, T. Corbett Jones of Greenport, and Nelson Chapman of Orient. JUJAMC;YN THEATERS eAHUEL H. eCHWARTZ Mr. ~ohn Wickham Cutchogue, New York Dear Mr. Wickham: January :8, 1970 I am writing to tell you how strongly my wife and I oppose the pos- sibility that zoning variances and other permissions may enable Mr. Sernerjian to develop in the East Marion Woods wide-ranging resort facilities and a deep-water marina to be made possible by excavations into the bluff and jetties in the Sound. It has been re- vealed through painful experience that such excavations contaminate the ground water supply through salt water intrusion, and that jetties into the Sound seriously erode and damage the beaches immediately east of them. I fear that the narrow barrier beach stretching from the East Marion Woods to Stephenson Hill could he damaged or de- stroyed irrevocably by the installation of such jetties. I know that you cherish the beauties and values of life in Southold Town perhaps even more that I do. I greatly admire your work and that of the Planning Board in your thoughtful mapping for the town's orderly future growth. Perhaps you feel that a facility such as Mr. Semerjian proposes could increase the wealth of the to~m with- out increasing the tax-load of home owners. But - with a contam- inated water supply, and with our beautiful East Marion-Orient Park District beach eroded back to the wetlands behind it - the town will have lost two if its greatest treasures. My wife and I are quite new property-owners on the East Marion beaches. Like most residents of this very beautiful East Marion- Orient area, we love it for what it is - not for its potential exploit- ability. ]Are pay very large amounts in taxes to Southold and require very little in return - no schooling, no city water, no sewer system, no garbage removal. But we do require that our fresh water supply remain adequate and that the Sound beaches, and the waters north and south of them, remain as beautiful, as undamaged and as undefiled as they are now. Mr. John Wickham -2- January 28, 1970 You have said, at the meetings of the Plann~ug Board last su-,m~ner, that the needs and wishes of the part-time residents are important to you. On an issue like this, where part-time and full-time resi- dents join together with what ! anticipate will he near-unanimity, I hope and trust you will find in our wishes a moral imperative. Thank you for your attention. SHS:rc Sincerely, Samuel H. Schwartz MRS. ROBERT J. LONG 25 WASHINGTON AVENUE C~REENPOi:~T, N. Y. 11944 January 23, 197 0 l~lco].mPr:l, nie Envineers East 36 Hid3.and Avenue Paramus, lfew Jersey Attention~ P.T. Ernest Whitlock There has been and still is ~n process a big hassel over ~he dredging operation of Levon Properties, Inc., a short distance west of our Town line, in Riverhead~own. They have ~nected stone Jetties out into L.X. Sound, about 300 ft., we ~li~ by permit from ~he Army Engineers. There has been a very heav~ erosion along ~he ~hore of ~he sound on the easterly sl~e of these Jetties as one might expect. High tide now nearly reaches the foot of the high bluff in that area. Needless to say the residents are pretty hot about it. Incidentally, a s~ullar condition exists Just east of the Jetty the County built under permit by the Army Engineers erected at Goodemith's ~nlet in Po~onic. Here the erosion due to the Jetty has undermined houses. There is now pending before the Arm~Engineers an application to extend the Levon Properties Jetties another 400 ft. out into the sound. They have scheduled a public hearing on the matter February 13, 1970, at 7~00 P.M. in the Roanoke Avenue School, Rivorhead. We would _appreciate it very much if you could write us a letter express~.~ your concern on the part of SoutholdTown. Although it is not pertinent to this hearing, their deep well for washing sand & gravel has reportedly gone salt (2) their excavation and barge loading 40 being done in"open £ace cut*' wl~h no attempt to in~ercelTt the movement o£ fresh water 4nto the salt. one more thing to bring you up to date. Last June Rlverhead Town proposed to eradicate the 500 "A' buffer strip adjacent to our Town line. Ws filed an objection and after a hearing before the County Planning Counission where we based our case on the damage to our water resources In thtt area, the Planning Commission sustained our objection. Now we have a related and perhaps more immediate problem. The promoter and one of the principal stockholders of Levon Properties has put together a parcel of 132 acres on the Sound at the west end of Dam Pond between Bast Marion and Orient. He asking for a change o£ zone to "B" on 32 acres on the Sound with the plan of dredging a marina '£or the largest pleasure boats", c~rcial fishing boats, and a motel operation. Needless to say a large number of our residents, civic associat4onf, and other groups are up in arms over this proposal. Our own thinking is that in a44ition to the-~dater problem here, the ~ros4on due to the Jetties which are also proposed might well wash out the low beach north of Dam Pond, am~lng Orient an island. The results of such a cond4tion might be appallin~. Xt might even develop into another Plum Gut. Here again, we would like very much to have a letter from you which might be uasd at the public hearing on this zone change. Of course we would expect to pay for services rendered. Should it be necessary at some time in the ~dture to have direct professional testimony at any such hearings, would you be willing to appear or send someone qualified to give expert opinions and testimony, and in such a case, about what could we expect in costs to the ~own? Heedless to say the Village of Greenport is fully as concerned about the hat Marion project and will be represented at any hearings held on mme. Trusting that you will be able to give this advice and assistance. Very sincerely yours, John Wick/tam, Chairman, Planning Board Albert M. Marto~chia, Supervisor P.S. - Xf you need anymore information on either of these cases, we suggest that you Gall John WXckhem at 516 734-6441 preferably between 12 noon and lzO0 P.M. any day or James Monsell at the Greenport Village O£fio8 516 47711748 during office hours. SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. January 22, 1970 ~'~. John Wickham Main Eoad Cutchog~e, ~ew York Dear Mr. Wickham: As secretary of the Southold Town Conservation Advisory Council ! am sending you, enclosed, a copy of a resolution passed unanimously at ~r last meeting on January 19th. It puts us on record as being opposed to the petition of ~ar. George Semerjian for changes of zoning to develop a marina comt~lex in East .%rion, for reasons stated. When hr. Semerjian's request for zoning changes at East ~rion comes before the Town Planning Board, of which you are the Chairman, we would like this resolution to be read during the hearing and included among the factors for consideration. Yours sincerely, Terry ~tarnan, S~r--~y January 20, 1970 Resolved~ That the ~outhold Town Conservation Advisory Council wishes to go on record as opposed to the petition of Mr. George Sermrjian for chsng~s of zoning to develop an area in East ~larion adjoining Dam Pond, objecting particularly to the construction of a marina co~olex "to acco~no- date tne largest of pleasure boats" etc. The dredging that we believe would be necessary in order to construct such a marina would, in our opinion, have a deleterious effect on the ecology of the whole area in the following ways: l) the dredging into the shoreline would cause salt water Lnt~sion into our limited freshwater underground supply; P) any jetties that may be put out in thi~ area to protect the harbor of said marina will, because of the prevailing littoral drift, threaten erosion of the Town-owned beach and wetlands immediately to the east, with the possibility of opening Dam Pond, and consequently Orient Bay, to Long Island Sound. This motion has been passed by the Southo!d Town Conservation Advisory Council unanimously. All members were present~ Chairman Clement Booth of Southold, Thomas Reeve of ~fattituck, James Mulha!l and Terry Haman of Southold, T. Corbett Jones of Greenport, and Nelson Chapman of Orient. T wn Bay en's issno POST OFFICE BOX 523 GREENPORT, LONG ISLAND, N.Y. 11944 January 18th, 1970. The Town Board Town of Southold Village Hall Greenport, N.Y. 11944. Dear Sirs~ At the regular meeting of the Southold Town Baymens' Association, a resolution was passed opposing the proposed dredging and development of the Dam Pond Area. Objections are based on the following: 1. Dredging will eliminate shell fish bottom and further reduce wetland areas. 2. Contribute to pollution of Town Waters. o Contribute to the further dangers of erosion. 4. Endanger the water table. 5 And finally, the possibility of non- performance after dredging and gravel has been removed due to lack of financial resources of the Developing Company. We respectfully urge your consideration of the fore- going and deny the proposal of this developer. Respectfully yours Verity President. ~OLITHOLD, L. I., N,. Y. 119'71 January 16, 1970. Mr. John Wickham Chairman Planning Board Cutchogue, L.I. New York 11935 Dear Mr. Wickham; The original petition of George G. Semerjian, Saddle Road, Stony Brook, New York, relative to change of zone on certian property situated at East Marion, New York, as follows: Parcel 1 - 32.03 acres - from "A" zone to "B" zone; Parcel 2 - 16.458 " - " "A" " to "M" " ; Parcel 3 - 2.83 " - " "B" " to "M" " ; Parcel 4 - 6.72 " - " "B" " to "M" " ; Parcel ..5 - 27.178 " - " "C" " to "A" " ; 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. AWR/mr Very truly y~, Albert W. Richmond Town Clerk M~, Gerald Newman Suffolk Co,~nty Planning Veterans Highway Hauppogue ~ N .X. commission ~anuary 1~, 1970 Dear Sir; Pursuant to our telephone conversation yesterday and the conversation with nr GillesDie I am attaching a copy of the controversial map of property ~t East harion which is up for change of zone on five parcels. This is not to be considered an official transmission from the town in any sense~ but is for your use in determinAng the "500 ft" distance from the State Road to the near, st point of the application.~ Theenterance to the large parcel iz Now zoned "B~ business and has b~e~ for some time~ there is no part of the acplication which inc2udes this strip - only the five ~rce!s ~umb,red ~rd outlined at the corners in red. The a~licatio~ is to readjust existing lines for [he same elas ifica~ions and up zoning the ~resent "C~#Industr~'l" to A zone. If you have any questions plem~e call me ~o ~e can both look at ~he same ma~ at the same time. ~est regards Building inspector. ~ 'Am,.',. ,~,ig~,[-~-,> [-haw 'Increasing Critical Fire ,. Fo]' Disturl,ing Cit~o~ V~ht l):m~s, Cun:ds. In Court and in Protest~: Attacks Made in C,on~ress THE WALL STREET JOURNAL, Tuesday, January, 6, 1970 Embattled Corps: Army Engineers Draw Fire From Citizens, Congress i~ ' { tho~zation, b~t f~ ~ven't yet ~en appm- One ~ident, ~ (p~ated, The ~r~ ~yz ~e p~Ject will cost shudde~ ........... Wo~ to ~e Gull. and his efits.' Dr. a~don ~e p~j~. ~s officials ~y a E~e ~ ~e Ohio River, ~d al~ ~date CASE NO.: ..(?. k ....... STATE OF NE\¥ YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDI- NANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOYVN OF SOUTHOLD: i .....9~9.R.c..~...G..., .s..E..l~.~.J...~...N ......... residing at ...8..a.d.d..17...R..o.a.d. :...S.~..o.1~.7..B..r.o. 9.k, (insert name of petitioner) contract vendee Suffolk County, New York, the undersigned, am the ~ of certain real property situated at ...... .E.a.s..t...I~...r.:i:..o.n. .................. and more particularly bonnded and described as follows: (See description sheet annexed hereto) 2. I do hereby petition the Town Board of the Toxvn 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 lnade a part thereof, as follows: pARCEL I - 32.03 acres PARCEL II 16.458 acres PARCEL III 2.83 acres PARCEL IV 6.72 acres PARCEL V 27.178 acres - From "A" zone to "B" zone; - From "A" zone to "M" zone; - From "B" zone to "M" zone; From "B" zone to "M" zone; From "C" zone to "A" zone. Properties at East l'i~Pion, ~own of So~thold ?:~i'0;r;i, i - A ZOne to P, ~' {1) r,, /6 IP' 30" ','~, 165.44 ~'eet; thence (2) N. 77© 215' 2?," W. - 153.38 );eet; thence N.56© 1~S).6 tee1,; the}~ce ~:g. 3~© 34~ 5}'. - 1~5.25 ~'eot to the eovne$' of the extsti}~g B Zone; thence along shid B N, '~8 154' E. - SS4.75 ;/feet to ord:Ln~ry hi¢;h water m:¢~r~ o~ LonC .Lol.:~r,,, S( uud; tl-Lence nlon6 said high water mark os }rleasnred by the i'oil[owlns' t~e lines: (1)~.*' d8© OO' 50" E. - 39.41. Y~e't;; 1;he~c;e (2) ~. 60© 07~ O0" ~. - 1200.0 ~eet, then(~e {~71.55 ~eet to Vi~o ooiat of beF:inr~:tny'. Cont,~lh~n~; "~2.0p acres I,t, ( t, [.! - f~ ;,',{Itl(; ~,(* [,Iz, onc" ' ' ~,,,'itrt ri" , il~ or'5~er f tot]2/ cnFner oJ' 1: id oJ' Cook I,}i(?~:~? :~lon,,7 i:md oi' G~d:r r:~es, .N. 11 26' O0" d. - 1095.O tL~enno :~.ton,:':t, ne e,:~stln¢,: N Zone, ¢~. 11) ~_6 UO I,. - 200.() t, hertce 'do[t¢~ tim erzstzn~, .B Zone, o. 11 26 0() z,. -?pO,O .(cot, thenco 'J~ ~8© ~4' 00" W. - 115.25 feet; thence i~. [i5~ 40' 10" i~.- 49).6U .feet; 1;hence alonc; the e~istintc O Zone, 8, 74 1'/' 40" 1~)'/.O .feel; to 't, he po~z t o:~' be¢;inninfT. Containin4~ lo,45b , iU:~RCigL III - t¢ Zone to ?.(L Zone Is3nm] Sotznd at the northe[~r~ter]y corner o~ the e×i,qt:Lrk'~, H Zone beJm ~bout '700 J'eet easterly eG. ong sa.id hJ{~h w~t¢;r mark from l&nd of G;~i~';araes; from said point o:i' beginning r~nai, n{; al. one:: ~aid high wa~'ter mrtl'k o:¢ Lo~)pi Island So'~md as meJsured by the followin~ tie lines: RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGUE, NEW YORK .,¢. ...... l iV - B .one to I'4 b of_Lo .... tslaz~d. So~n(5 at the ea,~t(.rl~' o ~ v corner o~} the e~istinp' 3{ Zon~ sr:~id ~0,3 F~ t, OY' be/~J_nY3J_n;~ bet DiS ,~OO 1~ J 640 ~eet essterly ::md so,~l;he n t( fly ,O. onz ..... !d high wateP mark from land of (},~:ir:,:~ r:tes; :From sa. id point oJ' be~-:$ nnin~{ rnnniny alen?r s~id ordin ,Pr hi,o'h w~ter mark a~ measured bp a tie line,S. 48~ OO' 50"E.- 531./~ Feet; thence 8. '58 34' O0'l W. -- ~JZi,7'i Foet,; 't:hc, noe ~. 1t 26' (.)0" W. - 850.~ feet to naid existins; I,'1 Zone; thence ;~]Oq?: s:~Sc] ]~t,",0 ~.,, tWO e~D,Iroeo:~ (1) S. 56© ,46~ 00" I,]. -550.0 'feet; t~ence '· - .,~ 92 L'eet to the point; o1.' .. '5nrin% (]otJ,,Jn fL,: 6.72 · ~O{(.~L 7 - (.~ Zone to A Zone iJ:f:innir4q ti; the northeaster],¥ corner of l~md of Cook; from s,.%id ooint of beginninp: running slong su, id In.nd or Cock, '~. 7S© d6~ ~'iO" W. - 137,75 .~'ee't; thence alon.,~ the easterly line o1: n '0 Foot; r~:"ht of w:ty be'Lng :~3::'.o the e:uBterl.y boundnry of $~tl(]' ]~)lld of (.OO!L,~ ~ tWO ConI'¢~es: (1) N. 11© 46' 50" W. - 529.71 feet; (2) N. 10© 52' 10" ~. - 269.7~ feet; said land of Cook, three couP-es: (1) N. 7s© 46' 30" E. - 141.21 feet; (;') N. 11© 13' 30" W. - 206.0 f.~t,e -. thence, thence continnin~ along theno.e thence RICHARD J. CRON COUNSELLOE AT L&W it ( i 120 ."'1 ' 50" W. - 311 .70 feet ; thence 1 h to] Iowin,'^ tc-'et ; thr'rlce pr , 'r; " .} ' .'cl" L. - 't3ti.0 J'ect; tYience. (4) S. 11 " iii ' r10" E. - 114.0 feet; thence ( '�)N. 760 ::541 20" E. - 132.47 feet ; thence (b) S. 130 i51 40" E. - 365.64 feet; thence 'o ,_ ' 00" E. - 243.90 feet ; thence ` (4) S. 140 05' 20" E. - 125.12 feet ; t},once ( i) S. 120 17' 30" E. - 89.30 feet ; thence ( 10) S. l3 o15 ' 10" E. - 340.95 reef ; thence ( 11 ) S. 130 (_'� ' v, F,. - 84.75 feet ; thence ` ( 12) 140 50 ' 40" E. - 92.00 feet ; thence I _ `''`7 ' '�0" 5'. 1 '77.40 feet ; tk,eLice -don, l. ,tiii of Voli n:zri., tarn ccur':a! : .'0" d. - 155.47, Peet ; 1.1tetice " W. - 5.I.26 feet ; tire,tCe _rlon 1!Lnd of 14e,sor•, , iwr Cot+rce I W. - 295.42 feet ; thence (2) ;;. 100 16 ' 00" E. - 11 .> feet ; thence nlon- 1-1nd of Rrowi,, M . ',,r{`> d ' 00" W. - 1x;0.74 t et ; thence rlon ii_Lir. 1, nd of 0001, .0 1 1 C 1 " ' 1" U�. - 9�,.7b .feet to t'[1e hoj rlt, of Lie;" 1T rrin cont'i. RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGUE. NEW YORK RICHARD J. CRON 3. Such request is made for the following reasons: The petitioner herein desires to construct, maintain and operate a complete family type recreational resort. The plan as envisioned is to havem~tel units constructed along the Sound Beach area with a number of large rotunda type restaurants. Swimming pools and tennis courts are to be constructed together with complete golf course facilities. A large marina is also to be constructed to accommodate the largest of pleasure boats. Facilities will he available for the cooking of freshly caught fish. The marina will accommodate private and commercial boats, and vesels will be made available for charter or hire. Numerous and diverse shops may also be contemplated to service the needs of the patrons of the resort area. Upon the public hearing of the application~ an artist's rendition of what is contemplated will be made available to the Town Board for examination and discussion. In order to accomplish the foregoing purposes, it is absolutely essential to the petitioner that the foregoing de- scribed lands be zoned to that requested in this application. At the present time~ there are four different zone uses in the tract of land. These are (1) "C" Industrial; (2) "B" Business; (3) "M" Multiple Residence, and (4) "A" Residential and Agri- cultural . Of these four different zone uses, "A" Residential and Agricultural comprises the greater area of thetract, and "C" Industrial the next largest area in the tract. The 'M" Multiple Residence and "B" Business Areas~ comprise the smaller areas in the tract and appear of almost equal size. With respect to the "C" Industrial Area, it is apparent that this application constitutes an up-zoning of that area in the tract. Also, the change of zone of the 'B" Business parcels requested in the tract designated for Multiple "M" constitutes an up-zoning of those lands. All told theapplication requests an up-zoning of in excess of 36 acres of land now zoned "B" Business and "C" Industrial. The "B" Business parcels in excess of 9 acres are requested to be rezoned to "M" Multiple residence The entire parcel of "C" Industrial is requested to be rezoned to "A" Residential and Agricultural. In exchange for this up-zoning we request that 32 acres along the Sound he zoned to 'B" Business for purposes of construction and maintenance of a marina. Ad- joining the 32 acre parcel along the Sound, we request that 36 acres be zoned Multiple "M" (of which approximately 10 acres are so zoned). All of the rest and remainder of the 132 acre tract we request be zoned to "A" Residential and Agricultural. In effect, the applicant seeks only that zoning which will enable him to carry out the resort complex proposed in this application. The 36 acres Multiple 'M" will enable him to con- struct the motel units desired and the necessary restaurants incidental to and in conjunction therewith. In the 'B" zone the applicant will be able to construct the commercial marina envi- sioned with the resort complex. Only in such a "B" zone can this be accomplished. It is submitted, however, is not whether some portion of the some portion down-zoned. What is tion that a rezoning of the entire best interest of Southold Town and that the important factor tract is being up-zoned and important is the determina- tract as requested is in the its people. We submit that it is. It is a publicized fact that Southold Town encouragea and desires tourists to its area. The best way to do that is by Southold Town having the complete family recreational resort area envisioned by the petitioner. A great deal of private capital will beemployed to bring this plan to completion, and the only cost to the people of Southold Town to have such a facility~ is a uniform and more appropriate change of zone of the entire tract in question. We respectfully submit to the Board that this appli- cation is submitted in good faith and absolute sincerity. That the family recreational resort proposed is that which is intended to be constructed in the tract in question. An examination of the surrounding area of the property will indicate that it is bounded on its northerly side by Long Island Sound; on the easterly side principally by Dam Pond; on the south the tract for all purposes is a great distance from the Main Road, and on the west there are surrounding farm lands sparsely settled. To rezone the subject premises as herein requested, would in no way be detrimental to the owners of the adjacent surrounding properties, and would, in fact, lead to the creation of a resort facility which would be worthy of the Town of Southold, and of which, the Town of Southold could look upon with pride. RICHARD J. CRON 3. Such request is made for the following reasons: (See sheet annexed hereto) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) GEORGE G. SElqER,II.-/kN 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 knowled1je, except as to the nmtters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S,) .,. . Sworn to,ore me · ............ . ................. I~,TCll ,.. r~.r. 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