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HomeMy WebLinkAboutSouthold Development - Denied WHEREAS, a petition was heretofore flied with the Town Board of the Town of Southold by ~l~l*~u'~'l~..l~l~~..l:~d~.~..&..l~O.o...ll. ~I,P,~ & II~l~ Xnc. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- lng from .'.'&~..-IOIIl~...&.,i~ll~,~,-.. District ....................... ]~ ............... District the property described Jn 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, o public hearing in relation to said petition having been duly held by the Town Board on the ..,].l~th ...... day of .......~ ...................... 19~.6].and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is Dar:ocli Auguit: X7, ],g6X. By Order of the Iout:hoXd Tarn Board. AXbez't: W. It:Lchmond PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD August 8,1961 Pre s e n t : LESTER M. ALBERTONS, Supervisor LOUIS DEMAREST, Councilman CORWIN GRATI{WOHL, Councilman RALPH TUTHILL, Justice of the Peace ALBERT W. RICHMOND, Town Clerk SOUTHOLD DEVELOPMENT CORPORATION AND GEORGE W. SMITH & SONS, INC. SUPERVISOR ALBERTSON: I will open this hearing by reading the legal notice pertaining to it. "Legal Notice, Notice of Hearing on Proposal to Amend Zoning Ordinance. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 8th day of August, 1961, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 3. By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: All that certain tract or parcel of land situated at Southold, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL ONE: Beginning at a concrete monument marking the corner formed by the intersection of the southerly side of Lake Drive with the easterly side of Lake Court; thence running northeastwardly along said southerly side of Lake Drive 1,261.99 feet to the point where the westerly side of the premises hereby described intersects same; thence running South 44 degrees 24 minutes, 30 seconds East 171 feet, more or less, to the mean high water line of Lake Leeton, formerly known as Great Pond, at the point or place of beginning of the premises hereby described; Beginning at said last- mentioned point of beginning, thence running North 44 degrees, 24 minutes, 30 seconds West 171 feet, more or less, to the southerly side of Lake Drive; thence running eastwardly along said southerly side of Lake Drive 332.91 feet to a concrete monument; thence on an arc bearing right a distance of 49.57 feet to a concrete monument set in the westerly side of Kenny's Road marking the intersection of the westerly side of Kenny's Road, and the southerly side of Lake Drive; thence running south wardly along the west- erly side of Kenny's Road a distance of 101.57 feet to a concrete monument; thence South 49 degrees, 07 minutes West 35.38 feet, more or less, to the mean high water line of Lake Leeton; thence westwardly along the mean high water line of Lake Leeton, as it winds and turns, to the point or place of beginning. PARCEL TWO: Beginning at a point on the southwesterly line of Kenny's Road, 275.0 feet northwesterly along said southwesterly line from Sound View Avenue, said point of beginning being the northerly corner of land heretofore conveyed by the partyof the first part to D'Antonio; from said point of beginning running along said land of D'Antonio South 47 degrees 49 minutes 40 seconds West 5 feet, more or less, to the shore of Great Pond; thence along said shore northerly and then easterly and the northeasterly about 175 feet to other land of the party of the first part; thence along said land of the party of the first part, North 47 degrees 49 minutes 40 seconds East 15 feet, more or less, to a monument on said southwesterly line of Kenny's Road; thence along said southwesterly line, South 42 degrees 10 minutes 20 seconds East 147.43 feet to the point of beginning. "Any person desiring to be heard on the proposed amendments should appear at the time and place above specified. DATED: July 19, 1961, By Order of the Southold Town Board. Albert W. Richmond, Town Clerk." SUPERVISOR ALBERTSON: I also have the affidavit from the printer. "State of New York) County of Suffolk)ss: F. Langton Corwin, being duly Sworn, says that he is Printer and Publisher of the SUFFOLK TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for one week successively commencing on the twenty-eighth day of July 1961. /s/ F. Langton Corwin. "Sworn to before me this 28th day of July 1961. "/s/ Stanley Corwin, Notary Public, State of New York." SUPERVISOR ALBERTSON: I will now read the report of the Southold Town Planning Board. "July 19, 1961, Report to: Southold Town Board, Southold, New York. Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on Tuesday, July 18, 1961: In the matter of the petition of George W. Smith & Sons, Inc., and Southold Development Corporation for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District 5 o n certain real property situated at Southold, and more particularly bounded and described as follows:" SUPERVISOR ALBERTSON: I will not reread the legal description, as it is the same as in the legal notice. Continuing with the Planning Board's report -- ''Map of property surveyed for the Southold Development Corp. at Southold by Otto W. Van Tuyl & Son, dated April 24, 1961. It is hereby "RESOLVED that the Planning Board recommend to the Town Board this change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the aforementioned property. "The Planning Board has investigated this property and feel that a multiple residence use would be in conformity with the area. "The Planning Board has requested additional information on the proposal and in return has found that the prospective purchaser, who has been doing contract work for G. W. Smith & Sons, insists he is going to build a duplex or motel, it is felt this would be a good use of the property. It is obvious, however, that such a building will have to be placed on higher land. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: Before asking if there is anyone present who wishes to speak letters "August 4, Dear Mr. Richmond, in favor or opposition I will read the following 1961. Albert W. Richmond, Town Clerk, Southold, N.Y., to We are writing/you in reference to proposed 6 amendments to the Southold Town Building Zone Ordinance, legal notice of which appears in the Suffolk Times and which was reprinted in the Mattituck Watchman on 7/27/61. "Specifically we are concerned with subdivision 3 of said proposed amendments, Parcels 1 & 2, roughly bounded by Lake Court, Lake Drive, Kenney Road, property conveyed to D'Antonio and the shore of Lake Leeton. It is proposed that this property be rezoned from "A" Residential to "M" Multiple Residence. "As property owners residing on Lake Court and within the boundaries of the area being considered for rezoning to multiple dwelling use, we wish to inform you of our opposition to any plan to change the zoning of same from its present residential classification. "Very truly yours, Norman J. McNally, Alice V. McNally, Lake Drive, Southold, N.Y." "Mineola, N.Y., August 7, 1961, Board of Supervisors, Town of Southold, Greenport, L.I., Honored Gentlemen: In the matter of the proposed change in the zoning of residential property on Lake Drive off Kenny's Road, Southond-on-the-Sound, please be advised that a change in zoning, or a variance to permit a motel or other business to take place does not meet with my interests as a property owner in said vicinity. "Kindly be guided accordinglyas you consider may be of the best interests of the community. "Respectfully submitted, John B. Lehner, ownerof white cottage on Lake Drive, (Lot adj. to No. 25)." "Frank M. DuPont, Lake Drive, Southold, Mr. Lester Albertson, Supervisor, Supervisor, Greenport, New York. N.Y., August 5, 1961. Town of Southold, Office of the Subject: Rezoning for Multiple Dwelling the Land Between Great Pond, Lake Drive and Lake Court - Kenney's Road, Southold. Dear Mr. Albertson, Both Mrs. DuPont and I shall make every effort to be present this coming Tuesday night at the Greenpott meeting concerned with the down-zoning of the subject land to voice our strenous objections to this proposal. I am writing this letter to you so that you will know our thoughts should unforseen events prevent our attendance. "This proposal will have the effect of destroying the gentility of this section of Southold by opening the land to many transient occupants who would neither consider the community as their own nor consider the lasting effects of their lack of concern. Too, the residential, family-type orientation of the area will be permanently lost. "In short, the proposal will vitiate almost all of the reasons that lead me to buy our place here a year ago. At that time, it was pointed out that the Town of Southold is most assiduous in maintaining its residential zoning. "Neither should multiple-dwellings (with associated multiple stories~ block-out the beauty of the area, ncr should the tightly quartered multiple-occupants crowd-out the more permanent residents. "Part of the proposal includes rezoning my place as well as many of my neighbors. "I do not want my land rezoned. I do not want a motel or several family houses immediately adjacent to me, because the land to the 8 north and east of me along the lake is one of the largest vacant tracts. Privacy, peace and quiet would be gone. "Please consider these comments seriously in your deliberation on the down-zoning; both Mrs. DuPont and I feel very strongly on this matter. "Very truly yours, Frank M. DuPont." "Benjamin Beniamino, Plumbing and Heating Contractor, 12 South Elm St., Hicksville, N.Y., Hicksville 3-3099, ~ugust 6, 1961, Board of Appeals, Town of Southold, Southold, L.I., N.Y., Gentlemen: We are against having the property located on Kenny's Road & Lake Drive rezoned from Residential to Business for use as a duplex, and as a next door taxpayer, would appreciate your voting against this measure. "Thanking you for your consideration for my wishes, I am Very truly yours, Benjamin Beniamino, Mary Beniamino." "Southold, N.Y., Lake Drive, August 5th, 1961, Mr. L. Albertson, Supervisor, Supervisors Office, Greenport, N.Y., Dear Mr. Albertson, I would like to express my objection to the proposed zoning change under consideration relative to the Kenny Road area. My family and I have enjoyed the beauties of Southold for the past twenty-five years and feel that such a down-zoning would not be to the best interest of the community. "Very truly yours, Edgar W. Blydenburgh." SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in favor of this change of zone? of the Town Board, a few of you know, DANIEL SMITH, Southold, New York: Mr. Supervisor, members ladies and gentlemen. We are the owners,as quite of the piece of property in question. I think there is one mistake here. I talked with some of the people in the area and they were under the impression that this change took in Lake Drive to Lake Court on Kenny's Road. The surveyor just starts at Lake Court and comes down 1261 feet to the point of beginning. All we are requesti~ about 300 feet on Lake Drive from Mr. Beniamino out to Kenny's Road as shown on the map the Town Board has in their files. Parcel I starts at Beniamino and runs to Kenny'sRoad and Parcel II starts onKenny's Road at D'Antonio and is just a small piece which we purchased separately. MRS. ALICE McNally: The legal notice states that the point of beginning is Lake Court and Lake Drive. SUPERVISOR ALBERTSON: It is possible that point was the most easily determined starting point. MRS. MCNALLY: It also appears in the measurements that there is a "V" left out of the property. SUPERVISOR ALBERTSON: I will call Mr. Van Tuyl the surveyor and ask him to come up here to the meeting so that then he may answer your questions. gets here. We will recess this hearing until Mr. Van Tuyl SUPERVISOR ALBERTSON: I will now reopen this hearing. MR. VAN TUYL: The reason for starting at the corner of Lake Court and Lake Drive is to give a starting point from a road corner. Title companies require that when making a survey. Lake Court is the nearest corner to this piece of property. There is no property there involved in this change other than Parcel I and Parcel II shown on this survey map. SUPERVISOR ALBERTSON: Is there anyone else present who wishes to speak in favor of this change? DANIEL SMITH: I would like to add that as far as duplexes and motel are concerned, you have to have a resort area somewhere and it seemed to us that there were not many homes in this location. As far as who will be using the duplexes and whether they will respect the feelings of the people living in the area, I think most of the people here tonight and the people in the area came out here and rented before they bought. SUPERVISOR ALBERTSON: I will read the letter from Mr. Louis Link who wishes to develop this property. "Louis Link, Spackling Contractor, 210 Atlantic Avenue, Blue Point, New York, Telephone Emerson 3-6660, August 4, 1961. "Mr. John Wickham and Members of the Board, Dear Sirs: "At your request, I am sending you this letter to state my intentions for building duplex units on the corner of Kenney Road and Lake Drive in Southold. SUPERVISOR ALBERTSON: heard in Sincerely, Louis P. Link." Is there anyone else who wishes favor of this change? to be (There was SUPERVISOR ALBERTSON: heard in opposition EILEEN GOLDMAN; to this I am not in favor of it. no response.) Is there anyone present who wishes to be change? I think a duplex unit or units will change the type of neighborhood that we live in and as Mr. DuPont said one of the reasons for coming here was the rural type of live we are enjoying. Second, I am against spot zoning. You buy something and you think you have it residential and then you find it can be down-zoned. Summer people advantages as people living here year around, accepted by everyone. children to school. SUPERVISOR ALBERTSON: But, we do pay taxes do not have the same it is understood and and we don't send Anyone else in opposition? MRS. JOHN FISHER, Lake Drive: I agree with Mrs. Goldman. I believe it will devalue the property and I feel that down-zoning will give an opportunity for speculators to come in and open up a big field for other types of business that will not be condusive to our children. We come here for the sake of our children, to give them a wholesome, dean atmosphere. MRS. ALICE McNALLY: One of the points that Mr. Smith made was that it would not destroy property values, because there are not many homes there. There are at least eight houses there. It is close to Kenny's Beach which at this point is fairly crowded and well used by most Town folks and people in the neighborhood, so that it will bring in a great parking problem and also a traffic problem. The people from the motel or duplexes will be using the beach and they will possibly be using the lake so that it will be a little congested in that section. MR. FRANK DuPONT: I will go along with what the three ladies said. I would like to emphasize the matter of spot down-zoning. Commercial property tends to drag down the neighborhood and there would not be any vacant land in the area safe from the spot down- zoning. Mi~. NORMA~ McNALLY: I agree with Mr. DuPont. In addition, I wonder whether the Planning Board of the Town has thought that the Great Pond or Lake Leetons seems to be the center of some wild life in the area. There are turtles, swans, ducks and fish and I think that some of that would be destroyed. MRS. HELEN DuPONT: Lake Drive now is a well traveled road and I have requested a sign "Slow Down, Children at Play." But with a commercial motel on the corner there traveled and the children will be in SUPERVISOR ALBERTSON: Is there MRS. MARY ESSMAN: I am opposed. the road will be much more danger on those roads. anyone else? MRS. POLLY KRANIS: I agree with everyone here. I feel that Kenny Road is very well traveled and cars come through there at great speeds. We came here for country atmosphere, if we wanted city life we would have stayed in the city. MRS. HELEN KOLYER: I am opposed. MRS. BEATRICE MARBLO: I feel the same about the situation. I also wish we could get some signs there that children are playing. SUPERVISOR ALBERTSON: A sign that says "Slow Down, Children At Play" is illegal. The road is not considered a playground and the Courts say that it is not a legal sign. zone sign. MRS. tra ffic, It would have to be a speed JAMES WHEELER: I am also opposed. I am concerned with the also that piece of land right across the street from that is quite natural motel territory. SUPERVISOR ALBERTSON: to speak in opposition? (There was no response.) SUPERVISOR ALBERTSON: Is speak for this application? Is there anyone else present who wishes else there anyone/present who wishes to MR. WILLIAM SMITH: I am one of the owners of the property. I would like to point out that it seems we are under-rating this motel situation. We only have 300 feet of land. If duplexes are erected not more than four can be built and I do not believe that will crowd the area or beaches. Also, there is room for another 100 houses in the area where land is undeveloped. MR. DANIEL SMITH: ~hen you talk about changes coming, I believe when we get the ThroughWay through Southold it will be the same. There will be a great many changes and more people. Even though we don't like to say it, this is a resort area and we have to live off of it. The resort business is almost the entire industry out here. SUPERVISOR ALBERTSON: Is there anyone else who would like to say anything either for or against this change? (There was no response. ) SUPERVISOR ALBERTSON: We will close the hearing at this point for the further deliberation of the Town Board. August 4~ 1961 Albert We Richmond, Town Clerk Southold, N.Y. Dear Mr. Richmond, We are writing to you in reference to proposed mmendments to the Southold Town Building Zone 0rdinauce, legal notice of which appears in the Suffolk Times and which was reprinted in the Mattituck Watchman on v/By/61. Specifically we are concerned with sub- division 3 of said pro~meed amendments, Parcels 1 & 2, roughly bounded by Lake Court, Lake Drive, Kenney Road, property conveyed to D'Antonio and the shore of Lake Leeton. It is pro~sed that this property be rezoned from "A" Residential to "M" Multiple Residence. As property owners residing on Lake Court and within the boundaries of the area being considered for rezoning to multiple dwelling use~we wish to inform you of our opposition to any plan to change the zoning of same from it~. present residential classification. Lake Drive Southold, N.Y. ~ry truly ~u,~ s, Alice V. McNally SPACKLING CONTRACTOR TAPING SHEET ROCK SEAMS A SPECIALTY August 4, 1961 Mr. John Wickham and Members of the board, Dear Sirs: At your request, I am sending you this let%er to state my intentions for building duplex units on the corner of Kenney Road and Lake Drive in Southold. Sincerely, Louis F. Link ~ ~ULY 28, 1561 the follow~ng ~e~c~ibed property: All that certain tract or p~cel of l~d ,sl[~t~ ,at~ Southold, the To~ of ~uth~d, Suffolk ~, N~ York, and ~icu~ly bounded ~d P~ ~: Be~lnnin~ at t~ co~r foxed by ~ in~r- ~ct~n of She ~uth~ly side of Lake D~ve ~th ~e e~rly ~de of ~ O0urt; ~ce run- ~ng no~h~tw~dly along ~u~rly ~e of ~ke Drive 1,- 261.~ f~t ~ t~ point the wes~rly side of the ~em~es B~reby described ~ 24 m~u~, ~ ~ds ~e m~n h~ ~r Hue of ~ke ~n, formerly ~o~ ,Gr~t ~nd, at ~e ~t p~ce of ~g ~f t~ p~ ~g at ~d l~t-~ntion~ ~, ~ ~e ~u~erly ~e of ~y ~ong ~d ~u~erly ~de of ~ke ~ve 332.91 f~t ~ a ~ monum~t; thence on of 49~7 f~t ~ a ~ncre~ monu- ment ~ In t~ ~rly ~de of ~M~ of ~ ~s~rly side of Kenny's ~d, ~d ~e ~u~rly ~de of ~e ~lve; ~en~ ~n- w~r~ ~de ~ Ke~y's ~ ~ ~OP~-TO~,~ ~,~ ' crete monument; thence South ~C'~i-- ~,& ' 49 degrees, Oq minutes West Pursuant ~ ~ ~ of ~e. 35.38 feet, mare or less, ~o the ~ ss: ~e ~n high water 1~ SwoE, at ~ ~ ~ ~ ~,le ~. ~ter ~d Pub~sher of the S~FOLK ~ !~ ~ ~ ~ o~k ~f~tKe~y,s en ~e ~d,~Uthw~lM2?5.O feet'line~h~hed at Greenpo~, ~ said county; ~ ~ ~ of ~ ~, ~ ~ northw~rly ~n~ ~d ~uth-?h~ch the a~exed ~ a p~ted copy, ~ly hue from ~und V~ew ~ ~ ~ ~ Avenue, said point of ~gi~lngt~e said S~ffo~ ~mes once in each ~ ~ ~ ~6, ~ ~and he~bofore conv,~ed by the ......................................................................... 8B, ~ ~ ~ ~: shore northerly and then easte 2. ~ ~ ~ ~" ~- 49 minutes 40 seconds ~st 15 f~t ~hu.~ ~n R.ff~lk County d~t~ ~d ~ ~ct mare or l~s, to a monument on Commission Exp, ,,, 31~:ch 30, 1962 ~ "B" ~~g~ ~W- ~d ~uthwestefly line of Ken- ~ ~~: ~y's ~oad; ~en~ along said ~ ~ ~ ~ or ~- mu~hwes~rly Hue, south ~ de- ~ o~'*~'~,'at ~- grees 10 minutes 20 s~on& East ~e ~~ ~d Any pers~ desiring to be h~d d~ ~ ~, ~ the pro~sed amendmen~ ~~ a ~t t~ ~d appear at the t~e now or ~erl~ ~ M~ ~W ~ f~rly o~ ~ 8~9° .~n~ ~ly along ~d land now or f~ of ~ S,59' erly ~ong ~d ~ly ~e of of ~e M~ ~d at ~e NOTICE OF HEARING ON ~ AMEND ZONZNG ORD~E pursuant ~ sect~n 26S of the ~ Law and Article IX i ~o~ ~e Bull~nq ~ o~~n~ o~ ~e ~ o~ S~old, Suf~ ~ Co~t~, N~ York, ~1~ h~~go will ~ ~ld b~ ~e $~old oree~rt, ~ ~rk, ~ saLd t~ on ~e 8~ ~ o~ ~ 1961, at 7z30 o'clock ia t/is evenin~ of said day, on the ,t I £ollo~ing proposals ~ ~nd ~e Buil~ng Zone O~~nce ~ (X~lu~ng ~e Buil~ ~ne ~) of ~e ~ of 8ou~old, ~ Su~o~ Co~t~, N~ ~. 1. By ~en~ ~e $~old T~ ~~ng ~ne Ordi~ce I. By amending Article IXX, Section 300, by adding thereto a new paragraph, to be ~agraph 6B, to read as follows~ 6B--C~teries and the necessary ~cidental struc~es when appz~;ed as a special exception the Board of Appeals as hereA~ua£ter ~ided. 2. by char~.~ug from "A" Resident~ual and Agr~Xt~al District to "a" Bus,ness District the following described All that ceftin tract or ~cel of land property.. situated at Graft, in the ~ of Southold, Suffolk County, New York, and more lmarticularly bounded and described as follows: Beg~ning at a point formed by the inter- Page 2 - Legal Notice, Notice of hearing sect,s of the northerly line of Kerwln BOulevard and the easterly 11ne of the Ma~n (State) Road, runner thence N. 30°24' 20"E. along said easterly line of Main Road 50 feet to land now or formerly of Mann, then~ easterly along said land now or Sourly of ~ S. 59°35'40'E. 12S feet to a ~.ntz thence northerly along said land now or formerly of ~n N. 30a24'20"E. 25 £eet to a po~t~ ~_hence easterly along said land now or formerly of Mann S.59°$5'40"E. 62.50 feet to a point~ thence northerly along said land now or Sourly of Mann N. 30°24'R0"E. 75.00 feet to a po~nt~ thence easterly along said land now or formerly of Mann S. $9° 35 ' 40"E. 62.50 feet to the westerly 11ne of a private road, "Lawrence hane'~ thence southerly along said westerly l~e of sal~ "Lawrence Lane" $.30°24~20"W. 150 feet to nor~erly line of Kerwtn Boulevard~ thence westerly alon~ said nor~.~e=Xy line of Kerwin Boulevard N. 59o35'40"W. 2~0 feet to the easterly l~ne of ~ Main Road at the point or place~ beginner. 3. By chang/rig from 'A' Xestden~Zal and AgwLcuXt~ral D~str~t to "M"Mult.~ple Real.rice District the following All that certa[~ tract or parcel of si~ated at Southold. Ln the Town of Sonthold. Suffolk County, New York, and mo~e particularly boun~d and described as follows~ PAR~ ~ Beginning at a concrete monument the corner formed by the ~utersect~on of the sou?_herly side of Lake Drive wlth the easterly LLoug said sou~e~ly side of ~e Drive 1,261.99 f~uet ~ ~he po~nt where ~he westerly si~e of ~he ~~ Sou~ 44 ~eg~ees ~4 m~au~es, 30 secon~ Bast 17~ ~t0 more or less. to ~e mean high 1/ne of ~e Leeton, formerly known as Great Pond, at ~he point ox place of ~g~nn~ng of the premises he~ des~bd~ Seg~ng at said last-mentioned po~t o£ begging, thence ~n~ng North 44 ~rees, 24 ~/nutes, 30 seconds ~est 171 feet, ~e or less, to the sovtherly side of ~ke Drtve~ thence along said southerly aide of ~e Drive 332.91 feet ~ a concrete mon~nt~ thence on an arc bea~ing right a distance of 49.57 feet to a concrete monumen~ set ~n ~he westexXy side of Kenny's Road ma~k~ng ~e intersectAon of the erly side of Kenny's Road, and t.he s~atherly side of ~e O=ive~ thence runn~.ng southwardly along the westerly st~e of Kenny's Road a d/stance of 101.57 feet to a concre~ monument~ thence South 49 de~ees, 07 m~nu~s West 35.38 feet, more or less, to the mean high water l~ne of Lake Leeton! thence west- along the ~ high water 1Lne o£ Lake Leeton, as it w~ds and turns, to the point ox place of beginn~ng. PARCEL T~O, BegZnn~ng at a point on the southwesterly line of Kenny*s Road, 275.0 feet northwesterly aXong sa,id southwesterly l~ne from Sound Vie~ Avenue, said po~t of begtnn~n~ berg Page 4 -Legal ;otice, Notice o~ Hea~ag northerly corner o£ land hereto~re conveyed by point 'of ~lnntng running alon~ said land of D'Antonio S~th 47 degrees 49 minutes 40 s~onds West' 5 feet, motor less, ~ ~ shore of Great Pond~ thence along sa/d shore horsefly and then easterly and men north- easterly about 175 feet to other land of the ~rty of the first pa~b~ ~nce along said land of ~ ~rty seconds Bast 15 feet, more or less, to a monument on said southwesterly l~e of Kenny's Road~ thence alo~ said southwesterly 11ne, South 42 degrees 10 minutes 20 seconds ~ast 147.43 ~eet to the po~t of be~lmu~g. ~ny ~ersc~ desiring to be heard on the proposed amendments ,, ii should appear at the t/me and place above s~ecified. July 19, 1961, By Order of the Sour-hold Town ~bert W. Richmond, Town Clerk. Copies mailed to ~he .following on July 21, 1961, The Suffolk The Lon~ Island T~aveler-~attituck WatCh Southold Develo~nt Corporation GU.t~ C ta¢ta Southold Town Planmng Board E~DUTHOLD, L. I., N.Y. PLANNING 8OARD John 9¢ickham, Chairm~n Henry Moisa Report to: July 19, 1961 Southold Town Board Southold, New York Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on Tuesday, July 18, 1961: In the matter of the petition of George W. Smith & Sons, Inc. and Southold Development Corporation for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated at Southold, and more particularly bounded and described as follows: Parcel One:- Beginning at a concrete monument marking the corner formed by the intersection of the southerly side of Lake Drive with the easterly side of Lake Court; thence running northeastwardly along said southerly side of Lake Drive 1,261.99 feet to the point where the westerly side of the premises hereby described intersects same; thence running South 44 degrees 24 minutes, 30 seconds East 171 feet, more or less, to the mean high water line of Lake Leeton, formerly known as Great Pond, at the point or place of beginning of the premises hereby described; Beginning at said last-mentioned point of beginning, thence running North 44 degrees, 24 minutes, 30 seconds West 171 feet, more or less, to the southerly side of Lake Drive; thence running eastwardly along said southerly side of Lake Drive 332.91 feet to a concrete monument; thence on an arc bearing right a distance of 49.57 feet to a concrete monument set in the westerly side of Kenny's Road marking the intersection of the westerly side of Kenny's Road, and the southerly side of Lake Drive; thence running southwardly along the westerly side of Kenny~ Road a distance of 101.57 feet to a concrete monument; thence South 49 degrees, 07 minutes West 35.38 feet, more or less, to the mean high water line of Lake Leeton; thence westwardly along the mean high water line of Lake Leeton, as it winds and turns, to the point or place of beginning. Said premises, for the purpose of further identification only, are known as the easterly one-half (%) of Plot numbered 227 and all of Plots numbered 228 to Page 2- Report to Southold Town Board 234 inclusive on a certain map entitled, Map of West Southold-on- Sound, Plots 1-234, Town of Southold, Suffolk County, New York, owned by Lidico Corporation made July, 1950 by William L. Miller, Wading River, New York, Professional Engineer-Land Surveyor, New York State License No. 7885, and guaranteed to the Inter-County Title Guaranty and Mortgage Company on July 20, 1950. PARCEL TWO: Beginning at a point on the southwesterly line of Kenny's Road, 275.0 feet northwesterly along said southwesterly line from Sound View Avenue, said point of beginning being the northerly corner of land heretofore conveyed by the party of the first part to D'Antonio; from said point of beginning running along said land of D'Antonio South 47 degrees 49 minutes 40 seconds West 5 feet, more or less, to the shore of Great Pond; thence along said shore northerly and then easterly and then northeasterly about 175 feet to other land of the party of the first part; thence along said land of the party of the first part, North 47 degrees 49 minutes 40 seconds East 15 feet, more or less, to a monument on said southwesterly line of Kenny's Road; thence along said southwesterly line, South 42 degrees 10 minutes 20 seconds East 147. 43 feet to the point of begin- ning. TOGETHER with all right, title and interest of the party of the first part, if any, in and to the highways adjoining said premises and together with all riparian rights, if any, in and to Lake Leeton. Map of property surveyed for the Southold Development Corp. at Southold by Otto W. Van Tuyl & Son, dated April 24, 1961. It is hereby RESOLVED that the Planning Board recommend to the Town Board this change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the aforementioned property. The Planning Board has investigated this property and feel that a multiple residence use would be in conformity with the area. The Planning Board has requested additional information on the proposal and in return has found that the prospective purchaser, who has been doing contract work for G. W. Smith & Sons, insists he is going to build a duplex or motel, it is felt this would be a good use of the property. It is obvious, however, that such a building will have to be placed on higher land. Respectfully submitted, //John Wickham,Chairman.J Southold Town Planning Board F-I FF~EIR K ~OUTHDLD~ L, I.~ N, Y. April 26, 1961. Mr. John Wickham, Chairman Southold Town Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The original petition of George W. Smith & Sons, Inc. and Southold Development Corporation, of Southold, New York, relative to change of zone from "A" Residential and Agric- ultural District to "M" Multiple Residence District on certain property situate, lying and being An the Town of Southold, New York, are 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 des- cribed 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 Geor. ge W. Smith & Sons, Inc.: hsvzng its main office at Mazn TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:Road, Southold, New York and Southold Development Corporation, having its main office at Main Road, 1. ! .................................................................... residing at ...... S.o~.t2~o[[ d, ...N.e ~.. Ym~k ..... (insert name of petitioner) is Suffolk County, New York, the undersigned, am the owner of certain real property situated at ...~.c~l;holcl~,...N.e.~..~ffi~.r.k ......... ]. and more particularly bounded and described as follows: ALL those certain plots, pieces or parcels of land, with buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State ef New York, bounded snd described as follows: PARCEL ONE BEGINNING at a concrete mon~uent marking the corner formed by the intersection of the southerly aide of Lake Drive with the easterly side of Lake Court; thence rurming northeaatwardly along said southerly side of Lake Drive 1,261.99 feet to the point where the westerly side of the premises hereby described intersects same; thence running South 44 degrees 24 minutes, 30 seconds East 171 feet, more or less, to the mean high water line of Lake Leeton, formerly known as Grest Pond, at the point or place of beginning of the premises hereby described; BEGINNING at said last-mentioned point of beginning, thence running North 44 degrses, 2~ minutes, 30 seconds West 171 feet, more or less, to the southerly side of Lake Drive; thence running eastwardly along said southerly side of Lake Drive 332.91 feet to a concrete monument; thence on an arc bearing right a distance of ~9.[7 feet to s concrete monument set in the westerly side of Kenny's Road marking the intersection of the westerly side of Kenny's Road, and the southerly side of Lake Drive; thence running southwardly along the westerly side of Kenny's Road a distance of 101.~7 feet to a concrete monument; thence South 49 degrees, 07 minutes West 3~.38 feet, more or less, to the mean high water line of Lake Leeton; thence westwardly along the mean high water line of Lake Leeton, as it winds and turns, to the point or place of beginning; Said premises, for the purpose of further identfficstion only, are known as the easterly one-half (~) of Plot numbered 227 and all of Plots Numbered 228 to 234 inclusive on a certain map entitled, Map of West Southold on-Sound, Plots 1-234, Town of Southold, Suffolk County, New York, owned by Lidico Corporation made July, 19%0 by William L. Miller, Wsding River, New York, Professional Engineer-Land Surveyor, New York State License No. 788~, and guaranteed to the Inter-County Title Guaranty and Mortgage Company on July 20, 19~0. PARCEL TWO BEGINNING at a point on the southwesterly line of Kenny's Road, 27~o0 feet northwesterly along said southwesterly line from Sound View Avenue, said point of beginning being the northerly corner of land heretofore con- veyed by the party of the first part to D'Antonio; from ssid point of be- ginning running along said land of D'Antonio South 47 degrees 49 minutes 40 seconds West - [ feet, more or less, to the shore of Great Pond; thence along said shore northerly and then easterly snd then northeasterly about 17~ feet to other land of the party of the first part; thence along ssid land of the party of the first part, North 47 degrees ~9 minutes 40 seconds East - 1~ feet, more or less, to a monumont on ssid southwesterly line of Kenny's Road; thence along ssid southwesterly line, South 42 degrees 10 minutes 20 seconds East lh7o43 feet to the point of beginning. TOGETHER with all right, title and interest of the party of the first p~rt, if ~ny, in and to the highways adjoindng said premises together with ali_ ripsrian rights, if any, in and to Lake Leeton. 3. Such request is made for the following reasons: To erect multiple dwelling. George W. Smith & Sons, Inc., -~ by: Southold Development Oorpor~tion~ by: STATE OF NE~ YORK ) COUNTY OF SYFFOLK ) WILLIAM SMITH being duly sworn, deposes and says thst he is the Secretary of George W. Smith & Sons, Inc., the corporation nsmed in the within entitled petition; that he hss read the fore- going petition and knows the contents thereof: and thst the same is true to his own knowledge, except as to the mstters therein stated to be alleged upon informstion and belief, and as to those matters he believes to be true. Deponent further says that the reason this verification is msde by deponent and not by George W. Smith & Sons, Inc. is because the said George W. Smith & Sons, Inc. is a corporation snd the grounds of deponent's belief as the all matters in the smid petition not ststed upon his own knowledge, sre investigations which deponent has caused to be made concerning the subject matter of this petition and informstion acquired by deponent in the course of his duties ss mn officer of said George W. Smith & Sons, Inc. and from the books and papars of seid corporation. Sworn to before me, this ~ ) ) day of / ,l 6I) i t1 U c R o0 i r i IF, 40 '-' V