HomeMy WebLinkAboutSmith, George W. & Sons-Denied WHEREAS, o petition was heretofore filed with the Town Board of the
Town of Southold by ..... gt~.ORG~-..N'.,~..SI~I~.&..$O~ ............................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from~.~.'' ~J.~ ~..~'J.l~,, District to ...... .~.O.~*....;[ljd~,mt.~&t, ....
District the property described in said petition, and
WHEREAS said petition was duly referred to the Planning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the ....... J. 0.tl~...day
of .....~To.~.eml~ .................... 195.8., and due deliberation having been
hod thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is denledo
DateM; November 10~ 19~8.
By Order of the Southold
Ralph P, ~ooth
To~n Clerk
To~m E~oard
PUBLIC NEARING
TOWN BOARD
TOWN OF SOUTHOLD
Greenport, N. Y.
November 10, 1958.
Present :
NORMAN E. KLIPP, Supervisor
HENRY A. CLARK, Justice of the Peace
L. DEMAREST, Justice of the Peace
RALPH TUTHILL, Justice of the Peace
LESTER ALBERTSON, Councilman
ROBERT TASKER, ESQ., Town Attorney
RALPH P. BOOTH, Town Clerk.
APPLICATION OF GEORGE W. SMITH & SONS
APPLICATION OF GEORGE W. SMITH & SONS
SUPERVISOR KLIPP:
The request is made for the following reasons:
this property is now a non.-conforming use in an "A" District
and as such the use permitted is very restricted.
We wish to have the property zoned "C" Industrial,
so that the operation similar to the adjoining property
to the east may be carried on. Also, to use as a storage
yard for equipment and material in our contracting business.
The petition is signed by William D. Smith, sr.,
At this time I read you the report of the Southold
Town Planning Board:
Gentlemen: This is to certify that the following
action was taken by the Southold Town Planning on August
19th, 1958:
In the Matter of Petition of G. W. Smith & Sons, for
a change of zone from "A" Residential and Agricultural
District to "C" Industrial District certain real property
situated on Sound View Avenue, Southold, N. ¥. more parti-
cularly bounded and described as follows: - to the north
by Manning -- on the east by Latham -- on the south by
Case -- on the west by Zaveski, more particularly described
on the attached map.
It was the determination of the Planning Board to
recommend approval of this application to the Town Board,
that is the change from "A" Residential & Agricultural to
"C" Industrial. However, it is the determination of the
Board that the decision be held up until a more accurate
description of the property involved be included in the
petition.
This is signed by John Wick_ham, Chairman, Southold
Town Planning Board.
I have read you the report of the Planning Board.
At this time is there any person who wishes to be heard
in opposition to the application?
I assume you have the same objections, Mr. Rich, to
all three cases?
MR. RICH: Yes, all three.
SUPERVISOR KLIPP: Does that apply, I assume, to the
rest of you people?
(It was indicated by the people present that they
objected to all three cases,)
SUPERVISOR KLIPP: Is there any person who wishes to
be heard in favor of the change of zone?
DANIEL SMI~ (Southold, N.Y.): I don't know whether
I am in the wrong pew or the right church. In spite of
all the hysteria on this thing we don't have any petitions
or letters or legal talent here. Bill and I came down
to put in a word for our oWn interest, and we have no
4
authority to speak for any of the others at all. This is
strictly on our own parcel. We have confidence that the
Planning Board and the Town Board are well aware of the
zoning regulations and are familiar with the property in
question~ in factj probably more so than most of the
objectors. In spite of the letter that was in the Traveler
we have no intention of Just trying to destroy the Zoning
Ordinance or the Town either, and I think we have Just
as much interest in the welfare of the Town as any of the
objectors. We have been accused of trying to promote all
kinds of businesses up there, anything from a Junk yard to
an oil well, which is not the truth, and I don't know how
many of the objectors know the exact location of our parti-
cular piece. It is a small area away back in the woods,
about 500 feet back f~om the road, and if it was zoned
industrial and almost the worst type of an industry put
in there, I don't see how it would affect too many people.
It is so far away that noise would not bother anybody.
And as far as a non-conforming use, we have today the most
objectionable business right there now, a sand pit. I
notice in the Industrial ordinance that most of the serious
things that I thought were an exception to that. We were
concerned, we bought this property for business purposes.
We were concerned as to being able to use it for business
5
purposes. It was a sand pit when we bought it. We have been
taking fill out ourselves. We have thought possibly, in time,
if we wanted to have the operation, I mean what we might
want to use it for a storage yard for our building equip-
ment, or possibly put up a building for a carpenter shed,
and I can't see how we could do that under a non-conforming
use. And that is what we were concerned with. We were
advised the best thing to do would be
industrial use.
SUPERVISOR KLIPP: I notice in
to apply for an
some of these petitions
it says: "We wish to have the property zoned "C" Industrial,
so that operations similar to the adjoining property to
the east may be carried on." Is there something other than
a sand and gravel operation going on?
MR. SMITH: No, that reference to the east, I believe,
that would be Mr. Lytel.
SUPEqVISORKLI?P: That isn't a sand and gravel
operation too?
MR. SMITH: No.
MR. RICH: May I make it clear that any remarks I
made I certainly did not intend to cast any reflection
on the good citizenship of Dan Smith, because he is one of
the finest fellows that we have. The only ~hing I say is
that he is mistaken, he can use the property for fill if
6
he intends to do it, and if he wants to extend that use
he can. I have been there and seen the property he has
and if he wants to use it for storage of vehicles or
equipment in his contracting business there is nothing
to prevent him from going to the Board of Appeals. The
only thing we object to is the fact that if you get a blanket
industrial use that you and Bill may die, I hope not, and
somebody else might get it and sell it to someone outsude
and brings in something that affects the community. We
know you won't but you are not going to be there and once
you are given a blanket exception you can use it for
and there is no reflection on Dan or Bill Smith
anything,
whatever.
MR. SMITH:
we want to be assured of is
property, and for more than
I am sure Bill will agree with me, all
that we can use it for business
Just the one particular little
business. If we decide that we don't want to sell any
more fill out of that particular piece and level it off
with the adjoining ground, and we may decide if we don't
want to dig a hole there and put buildings there we may
do that one way or another without being in violatimn.
MR. HOWARD TERRY: Also on the east property, is the
adjoining Latham property, is the pit where material is
brought in and stored for the use of the Highway Department.
That is for the record.
7
SUPERVISOR KLIPP: Is there any person who wishes to
be heard in favor of or in opposition to the application?
(There was no response.)
SUPERVISOR KLIPP: As there is no other person that
wishes to be heard on the Smith matter I will close the hear-
ing for the further deliberation of the Board.
On motion of Mr. Demarest, seconded by Mr. Clark,
and unanimously carried, the application of George W. Smith
& Sons to amend the Zoning Ordinance was denied. Ail
voted "aye."
OTTO W. VAN TUYL & SON
GREENPORT, NEW YORK
September 17, 1958
DESCRIPTION: G. W. Smith & Sons Pit at Southold
A tract of 3½ acres southwesterly 1500 feet from
Kenney(s Road and 700 feet southeasterly from
Sound View Avenue and beginning at a point on the
northwesterly line of Long Island Lighting Company
easement ~93 feet southwesterly from a 50 foot right
of way running southeasterly from Sound View Avenue;
running thence southeasterly along land of Irving
Latham 139 feet; thence southwesterly along land
of Case 727 feet; thence northwesterly along land of
Zareski 287 feet; thence northeasterly along land of
Manning and the northwesterly line of Long I~land
Lighting Company easement 720 feet to the ooint of
beginning, dimension and area being approximate only.
OUTHOL. D, L.I., N.Y.
PLANNING BOARD
MEMBERS
JoAn W;ckhem, Chairmen
· ,l fred Grel ,e
!ier~r} F. 1,[oiss
REPORT TC: $cutho!d Tm.n L'.card
~ u~nolc., Ne~ York
I.~s is to certify t?mt the following actfon was taken ty the
~c.t t~clc~ Town ¼ iarmingr~oa~ TM ''o on ~ugust lq~, lO,j;..
in the n~tter of petition of G .... ~,_i~ ,~ o, ,,~o, for a
cf zo~,e frol:: "~" ~esidentia] anc~ A~icultr~a! District to "C"
~_,s~ ~c~ cer~n real property si~ua~d on oou~ Vie%~
...... j ~,.a.m.,,,~ - on ~,. ~: eas+ by ~ l~,. - o1~ the so
aT~Frovu] (f this ap[3!ica~cn to the Tcwn Board~ that ~s the chap [e
~:-cF~r L~ f t~.olve:: be ir. clud.~d in th~ aOtS~Je:.
c~, mi-r*~- 7'CLI,J ......... ' ~ ' '~'
~OUTHOLD TOWN CLERK'S OFF~CE
CASE NO: ...... .G..~ .............
STATE OF NEW YORK
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF
PETITION
CeO. W,, ~a.'LT, b. & SONS, Tho,,
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF
THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I,Q*...~n...~10J, l~..~..~.Ol:~.,...'l'no-I ........ , residing at ~LD,.~On~..SO~I.t~QiI~ .............
(insert name of petitioner)
Suffolk County, New York, the undersigned, am the owner of certain real property situated at
...~.....t~..,.~.,,..V,,~...e..l~.....~.y..~,~.,..~...o..u...'~..~.~..],.8,. .......... and more particularly bounded and described as follows:
A tract of :~ ao~as ~outhwesterly ~500 ft. from Ke~ny*s Road and
700 ft. Southeasterly from Sound View Ave. an~ beginning at a point
on the Northwesterly line of Long Island Lighting Company easement
493 ft. ~oathwesterly from a 50 ft. right of way r.nning Southeasterly
from SO;;nS_ View Ave., r.mning thence Southeasterly along lan~ of
T~wing Latham 1~ ft., thence Southwesterly along landor 0ase ?~? ft.
thence Northwesterly along land of ~avesMi P~? ft., thence North-
easterly along land of Manning and the Northwesterly line of Long
Islan~ Lighting 0ompany easement ?~.0 ft. to the point of beg~nning,
dimemsion and area being approximate
2. I do hereby petition the Town Board of the Tawn of Southold to change, modify and amend
the Building Zone Ordinance of the Town of Southald, Suffolk County, New York, including the
Building Zone Maps heretofore made a part thereof, as follows:
By changing from "A" residential an~ Agricultural district
to "O" i~dastrial district.
3. Such request is made for the following reasons: This property is now a
non oonforming use in en "A" ~istriot and as s~oh the use pe~nitte~
is ve~ restricted.
~e wis~ to have the pro~y zome~ -0~ ~ustrial, so t~t
operations s~lar to the adJoini~ pro~y to the East m~y be
ca~ied on. ~so, to ~e aa a stora~ ya~ for eq~emt ~ ~terial
in o~ Oontracti~ Business.
{h. S ...... :. ~ '
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
...~...O..,.....W..,...~.T~.....$1..S...O...I~..~....T~..~.~. ................ 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 con-
tents thereof; that the same is true to his (her) own knowledge, except as to the matters 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
th s 2L ....day .............
Notary Public.
CASE NO: .....t....<.: ...........
STATE OF NEW YORK
TOWN OF SOUTHOLD
IN THE MA'FTER OF THE PETITION OF
PETITION
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF
THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE~ *,/~/'~: ,,-/,'~, L~- ~:TOWN BOAR? OF ~THE TOWN OF SOUTHOLD:
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
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
~...: .......... .~ ................................................. ' .... SWORN, deposes and says that
the petitioner in the within action; that he has read the foregoing Petition and knows the con-
tents thereof; that the same is true to his (her) own knowledge, except os to the matters therein
stated to be alleged an information and belief, and that as to those matters he believes it to
be true.
Sworn to before me
...........
Notary Public.
No~y Public Slate of
Residi.~ fn ~uffolk
~:o 52-03678~