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HomeMy WebLinkAboutSouthold Resins, Inc.Public Hearing - SouSho!d Tov?:l Board Jul}- ~0, !oPTs% The Supez-visor opened the hearinj au S-00 p.m. P-~Pese':rt were Sunervisor Martocchia, Justice Seter Councilman Homan, Councilman R_cn read uhe Notice o arin~ Pursuant to Section 265 of the 'rova~ Law and re,'~uirem~:nts the Building Zone Ordinance of the To~.a~ of S~uthold, County, New York~ p~u!ic hearing will be held hi: ilRe To~m Board in the Office of the Superv:Lsor. ~ . Souvk. Greenport, ............ Wew York, in said ~'o~,m on +'~,e l~Oth day of on the following proposal to amend the Buiiding lone (including ~he Building Zone Maps) of Vke Tov,~: ,~+'~= ~out~cld- Suffolk County, New York. 8'00 p.m. (E.D.S.T.) by changing from ;'A" Residen~iai Agricul~ura_ District to "C" Light ±naus ~r_al District of Southo!d Resins, Inc situated at Greeneort, To~ Parcel A: ALL that certain tract or nar'ce! of buildings and improvements thereon ePec. ted, 'slzuave, being at Greenport~ in the Tov~ of Sou'thold~ Suffolk S~ate of New YoPk, end bo~de6 and de soribed as follows- BEG!NT{!NG at a point on the ordinary high water mark :~i' Pipes Cove, distant on a course Nor+~h a.6© ~0: 00" West -feet from ~he southwesterly corner of land now or formerly Harvey (said point being the southerly point of upland coP_,.veyod by the J. & J. W. E!sworth Cempany to Franklin C. Ashby' by ;:~ dee! dated January ~, 1956 and recorded January 9, 1956 in '~ ~' uh.= Suffolk County Clerk's Office .in Liber 4051 Cp 225 and RO$H'TING THENCE along land of Ashby Norti; 64° 1_5' 50" 183.37 feet to a point marking the sou, ttlwester!y corner of land of Greeraha!gh, THENCE along the southerly line of land of Greenhaigh 82°'41' 20" East 165.19 'feet to a concrete monumen~ set on westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, Souzn ?o 18' 60" West 2~0.00 feet to the northerly point of i~ad now o~. formerly of Harvey; THENCE along the northwesterly line of said land now formerly of Harvey, South' 29© 5' ~0" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly dz_ec~_on to the point or place of beginning the last course being described by a tie line only as North 66© ~0' 00" West ~55.53 feet to the point or place of BEGINNING. 'Public Hearing ~ · ~ ~ .~ ~i~!~r~r.. ~ ~..~ july 30, _ Parcel B' Ail that certain tract or 'parcel of land now formerly under the ordinary high waver mark of Pipes Cove, gether with the structures, improvements and buiidings~ thereo~, situate, lying and being at GreenDort, in the mov~ of ~ "~e Co~ty of Suffolk ~d State of New York, bounded and described as follows' BEGIP~gING at a point on the ordinary high water mark of i~ipes Cove distant on a course North 66© ~0' 00" West }~Sa ~53 feet the southwesterly corner of land now oP former~p of Harvey ~,s~.~id point being the sout~er!y point-of ~pl~nd conveyed by J. & J. Eisworth Company to Franklin C. Ashby by a deed Cared Janu. ery 1956 and recorded January 9, 1956 in the Suffolk Couuo. ty C-ark s Office in Liber 6051 Cp 225 and; RUN%I!NG THENCE along the ordinary high waYez mark cf Pip Cove in a general southwesterzy direct'~_on r~o land now or of Harvey, a distance measured by a tie line only on a cour,se~ South ~6° 30' 00" East of 355.53 feet~ RUN~IIi,,IG THENCE into the water's of Pipes Coy6 at right eni~'.!es to said ordinary high water mark in a souVhwesveriy dir~ctio'n a · distance of I00.00 feet; T~NCE Norvh A6° 30' 00" West a distance of abcut 540 fe~--t . _. ia~ tlr'dcF e to the southeasterly line of a onveyed by J. a J. W. Elsworth the deed aforesaid; ±~N~E North 33° 63' 20" East abouv 106 zee± to She poi¥~ or place of BEOIhI~_:!NG. BEING ~'[D INTENDED TO BE the same premises conveyed to Vi_e Landlords, A%WLANDO ~APPA and J~S F. ~ ~}~ by r, eeS January 8, 1968 and recorded in the Suffolk ?~o'~Ry Clerk's at Liber 6~6, page 370 Excepting therefrom such of described premises as are ~oaa'ced in the corporate limits of the Village of Greenpors. Any person desiring to be heard on the above proposed am{~d- ment should appear at the time and place so specified. Dated- July !!, !974 BY ORDER OF THE SOUTHOLD TOI~,[ BE ARr. ALBERT W. Ri ChIviOND TOWI~ CLERK Proof of publication was presented from The Long Island Traveler- Mattituck Watchman and The Suffolk },~ee._,'y ~imes. Proof of re{ =iFf of written notice were presented from the Tov_~ of Riverhead, 7o~. of Shelter Island, To~ of Southampton; 'Town of East Hampton, Village of Greenport and Village od Dering Harbor. Proof of posting on the Bulletin Board in the To~ Clerk's Office was presented. 'Public Hearing July 30, !97~ Councilman Rich presented the following excerpt from a latter from the Suffolk County Department of Piam~ing' "Pursuant to the requirements of ~.~e~o~ons the Suffolk County Charter, the Suffolk County Plaraning Com=mi:-.sion on June 5, 197~ reviewed the above captioned zoning action after due study and deliberation did take the following actio~ disapproving this change of zone." Councilman Rich, presented the following e~ccerpt from a ~ '~-te~ from the Southo!d Town Planning Board' "Th~s_ i~_ to inform you that th~,~ fo~owin~~__ ac+~on~, was by the Southold Town P!arming Board at a reg~ar-~ meetlng held April 16, !9'Z~. On motion made bY Mr. Coyie, seconded by ~dr. Moisa, RESOLVED that the Southoid ~o~n Piarming Board reco_~mnend to the Sou~hold Town Board approval_ _ o~ the _~tition~ request~n,?._ ~ a change of zone on certain property sivuated at Greer_.port, ~.[ew ¥ork~ from "A" Residential and Agricultural District to "C" Light 'Industrial District. Vote of the Board' Ayes- Messrs. ?.fickham, Moisa, Rayn0r, Coyle a~nd Grebe." Supervisor' For the purpose of clearing up something that. come into your minds later, Councilman Homart is sitting to c-fa:ate a quoru_m for this hearing because Judge Demarest is out of to~ n and Judge Doyen was unable to come because of fog. in a de!il era- tion Mr. Homart will disqualify himself as he is one of the o~ers of the property in question. You have heard the description cf the property in question, the legal novices in our local papez the posting by the To~n Clerk, the position of the S~'~id~:_~ Town Planning Board recommending favorable consideration to Vh~-s application, the position of the Suffo-~k Coun%y Pla~aing Boarc which recommends denial of this application and She notice'th~t~ has been sent to our adjacent communities. I would like at t?.is time to call on anyone who wishes to represent Southold ~esin~ Inc. Irving L. Price, Jr., Esq.' I am an attorney with offices at 238 Main Street, Greenport, New York. I reuresent Souvno!d ~ T WO'L -~ d Inc., the ap~ _icant here. At this time, :~r. Supervisor, like to ask if there are going to be a~y ground rules set as how often people can speak, how many rebuttals there will be, surrebutta!s, etc. Supervisor- The ground rules are a~ong_ these lines. I am gof~:..~ to call on anyone interested in favor of granting this appiic~ion first. You will not be able to speak a second time until eve'~'y- body has had an opportunity to speak once. Then we wi~!_. Eo tc people 'who want to be heard in opposition and the same rule will apply. After thav there will be rebuttals. 'Public Hearing ~uly 30, 197~ Mr. Price' One? Supervisor' No, open. Mr. Price' This will be the fifth presentation o£ This petit'~on and, hopefully, there will be one more. This is occasioned by the fact that this is a ~nique parcel of real estate which is intersected by the Greenport Village line. The property is located at the foot of Sixth Street in the Village o£ Greenpoz't on the west side. T, his proceeding was occasioned by vhe fact that this property after being industrial and used as an oyst~r plant for many years, upwards of forty or lift? years, and ~m~_der the original zoning o£ the Village o£ Greenport in 1947 and Town of Southold, I believe in 1950, was zoned industrial and then in the latest rezoning of the Village and Town it was zoned residential. Two members of the Planning Board of the Village of Greenport have stated it was zoned residential under the Village Zoning Ordinance so that they could control what went in Vhere. The Village of Greenport Planning Board has by resolution approved the application £or a change of zone from residential to commercial general under the Village of Greenport Zoning Ordinance. ~ The petition has been made to the Village of Greenport Village Board · twice, the second time being occasioned by the £act that the first time improper notice was given. This was £irst commenced back in February by the petitioner asking the Southo!d Town "Planning Board for an informal conference under the zoning ordinance~'~ of the To,ua of Southo!d as it is provided and at that hearing, it was my understanding that we were encouraged and that the Town .Planning Board said that if a change of zone were granted and then a petition was submitted for a special exception from the Southold Town Board of Appeals, they would approve the site as it is p.resently constituted. We have been before the To~m Pla~ing Board, the Village Planning Board and the Village Board twice and now we are before the Town Board. We are asking that the pre:nises as described in the notice be changed from residential zoning to light industrial zoning under Article 8 of your zoning ordinance.~ If such rezoning is granted, the petitioner will then apply to the Southold Town Board of Appeals for a special exception as provided in Section B of paragraph 100-80 for industrial uses, including manufacturing, assembling, converting, altering, £ini ing, cleaning or other processing, handling or storage of producVs or materials, involving the use of only oil, gas or electricity for fuel and marinas, for the docking and mooring of all types of boats. The use that the premises will be put to as far as manu- facturing is concerned will be the manufacturing of base0oard heaters. The marina part has raised some confusion in the past. Ail that is contemplated is the rental o£ space i~or boats to dock in an attempt to recoup some o£ the cost o£ this property. There is no intention to operate a marina in the conventional sense. There will be no other use that this plant will b~ puZ. to other than manufacturing. Under the Village zoning ordinance and the use district we can go for,the permitted uses are numerous and varied and once the zoning is allowed ~nd the change is g.ranted, then the property could be put to these different uses that the people have raised questions about. Under your Town zoning that is impossible. A special exception can only be used for manu£actur- Public Hearing ing and a marina. We believe that this is the best use that the property can be put to. We believe .... that residential zoning is unrealistic. We point out that 'the Southold Town Planning Board has approved this application. The £act is that it has been industrial for all these years and was continued as an oyster plant. It was purchased by the present owners and from noncon- forming use as to this zoning which was put through and was continued with storage. The Co~ancilman read us the letter from the Su££oik County Planning Board siomaed by Mr. Koppelman vo the ef£ect that this application had been considered and disapproved. In light of the rec~nt Supreme Court decision in the Suf£o!k County Supreme Court in which it was held that a s~a££ decision that had been approved by the Planning Board or disapproved in which they have not adopted a separate resolution giving their reasons and their conclusions was improper. There£ore, I would like the record to show that we object to the de¢~ision o£ the Su££olk County Pia~ing Board as being of no effect. Thank you for your attention and I would ~ike to reserve some time for ~ebuttal. Supervisor' You indicated you are objecting to the deoision of the Co~nty. They did cite reasons although our Council!man did not read them. Mr. Price' I think the entire co~unication sho~!d be placed on the record. ~.{r. Rich read the entire letter from the .Su.ffo!k CounvM Department ~'o~ PI ~ ~ ~ e _ ann_ne dated June 6, i976 and ~ddressed to the To,~. C! rk. Re- Application of "Southo!d Resins, IKc." for s~ proposed change of zone from "A" Resid~ntia! so "C~' Light Industrial, Town of Southo!d (SD-76-8) Dear Mr. Richmond' Pu_~suant to the requirements of ~$ectio~as i523 to !~2 ol~ the Suffolk County Charter, the Suffolk Cou~.ty Planning Com~nission on June 5, 1976 reviewed the above captioned zoning action and after due study and deliberation did take the £oi!owing ac±ion disapproving this change of zone: Be It Resolved, that the above captioned change or zo~e is disapproved for the following reasons' 1. It is inconsistent with the Tow~ Master Plan which designates this parcel for single family residence use; 2. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot zoning"; 3. It is contrary to previous Town and Piar~ing Board actions which eliminated the former industrial zoning c!assi£ication; · Public Hearing -6- ,7 ly 30, 197~ ~. It is inconsistent with the single family residence character of the locate and would necessitate access via !octal residential streets; 5. it would tend to establish a precedent for further downzonings in the locale and along the shorefront; 6. There is no guarantee to precl'ude a change in use or an intensification or expansion of said facility' and 7. The i~tend~d manufacturing use does not necessiYate waterfront accessability as a marine related use. Very truly yours, Lee E. Koopelman Director of Planning ! by /s Gerald G. Newman Chie!~ F!anner Councilman Rich then read the complete letter from the Southo!d , Town Planning Board to the Southo!d To~.~n Board dated April i9~ 1974. Re' So~stho!d Resins, Inc. Change of' Zone request 'This is to inform you that the following action was taken by vhe Southold To~n Planning Board at a regular meeting held April 16, 197~. On' motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Tovaa P!aruning Board reco~.~nend to the Southold Town Board approval of the petition requesting a change of zone on certain property sivuated at Greenport, New York, from "A" Residential and Agricultural District'to "C" Ligh~ Industrial District. This recommendation is based on the fact that the premises are presently improved by a long existing oyster plant. Under the previous zoning ordinance it was zoned industrial and has existed in present condition prior to any zoning ordinance for the Town of Southold. It was operated as an oyster plant and has been continuously used since for storage. There will be no change in the outward appearance except regular maintenance. The property will be used as a resins manufacturing plant and boat basin. The Planning Board feels this is good use of this property. · Vote of the Board' Ayes- Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. /s/ Murie! Brush, Secretary · Mr. Price- I renew my objection to the communication Z~rom the Suffolk County Planning Board. It is a mere ratification of star±~ 'Public Hearing -7- 'ly 30, 197& action and that is exactly what the Supreme Court Justice threw out. It is not a resolution of the Planning Board i~se!£. Mr. Martocchia' Is there anyone else wishing to speak in favor of granting the change of zone to this applicant? There being no one I will now hear anyone who wishes to speak in opposition. Mr. Stankevich· My name is George Stankevich with o£fices at Main Road, Southold and at Shelter Island, New York. I am an attorney and I am speaking in opposition to this c)~_ange o£ zone. I represent members ~of the Cove Circle Association and at last count there are approximately ten dozen people who are residents of the Village of Greenport and also o£ the surrounding areas o£ the Town of Southold surrounding this property who voice their strong opposition. The entire opposition to the petition was well-stated by the Suffolk County Planning Board. I£ you read thoroughly their resolution and sta££ study, it brings out their position into perspective of the problems o£ this application be£ore you. This is a matter that can't be heard enough. There have been several hearings already and in each hearing we have learned more and in each hearing the surrounding community has found a bit more about the impact o£ this proposed petition on their neighborhoods. For instance, in the last hearing ~n the Village of Greenport before the Board o£ Trustees of the Village the statement was made by Mr. Price as £o!!ows as taken from page 9 of July 2, 1974. "Mr. Stankevich repeatedly referred to this as a request for industrial. It is not industrial and there is no i~dustrial in the Village of Greenport under the zoning ordinance. We are asking £or commercial general under the subsection ~ that we .want to use our property under and the reason we have to apply £or the change is light manufacturing." If you read the records before both the boards you will see in Greenport we are told all there will be is light manufacturing and that is n¢.~ industrial. What is asked here is that you convert in'perpetuity an area that is zoned residential and is now and has been for several years vacant to a permanent industrial enclave. The good people thaV ~ represent support your ordinance. They are not here so much in opposition to the petition but they are here in support o£ your zoning ordinance that you adopted in your master p2an that you paid for. You had many hearings on it and now what is ssked ~or is that you dismember it. I know people are coming before you con- stantly. It is not right to grant this petition unless you as the Board of the Town of Southold analyze what your purposes in the zoning ordinances are. If you look at your zoning ordinance, portion ~ is the provisions of 'privacy £or families. Section ~ is the prevention and reduction of traf£ic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. Section 5 is the maximum protection o£ residential areas. Section 6 is the gradual elimination o£ nonconforming uses such as the petition claims exists here. Section 7 is the enhancement of the appearance of the Town of Southold as a whole. I suggest that if you look closely there is no way you can honor the purposes o£ this zoning ordinance and allow this petition to be granted, in so doing I think you should be aware that when you paid with Greenport £or a planning study this area where we '~are concerned · Public Hearing -8- Tuly 30, 1974 and immediately adjacent in the Village o£ Greenport is considered the best neighborhood in Greenport. it is planning district number 3. It says that planning district 3 is the southern portion. It is primarily a single family residential area. The house conditions here are among the best in Greenport with only six per cent considered deteriorating. What is asked you here is that you zone an industrial area i~nediately adjacent to the best area of Greenport and the natural consequence is the trucks will go. through the best area of Greenport. I suggest it doesn't make.~ sense. Greenport has had a difficult struggle and through the joint efforts o£ evSryone the Village is rising and this is good for the Town. To put an industrial area there doesn't make good sense. The fact is this town, the people sitting in this room, has put in a great deal of time to take cardboard city and rejuvenate it. It was a blight. The various boards worked very hard to get that project off the boards and get it going and it looks fine now. It is a big improvement. You have taken steps forward and this is a step back. The people who have invested in real estate here have put their lives and their money in your hands and have tried to improve the area. The real estate should be closely looked at before you grant this petition. This is no~ a personality contest. The question is not Southold Resins or who is Southold Resins or what they manufacture. The change o£ zone that is recommended is not going to have Southold Resins stamped On it. If the economy turns bad they will do whatever i~ necessary to recoup their losses. If the economy does turn bad or they are not successful you could have something different. they get too big to be there, you have to look ahead to W~hat you ~want. The County has tried to put this in perspecvive. The Planning Board has looked at it and it. would be worthwhile to £i~d why they approved it. They also approved the master plan and Zh~ ~upgrading of this property. Why did they reco~nend it? They sa)~' this proPerty has been continuously used for storage and prior thereto for oyster operations. The people in this area contest that view. They say for the last year at least it has been a vacant area. The present activities they claim are illegal at t]~e present time. They have brought this to the attention or, the Village of Greenport and they have received various replies. YOur Planning Board also said there would be no change in the outward appearance. They can't guarantee that because it could markedly change if they decided to leave or expand. They sam it will be used for light manu£acturing and a boat basin. That is not a guarantee either because they could sell the property. That is pure conjecture. I don't think that the Planning ~oard's reason£ng doesn't bear up to the weight and logic of the Cou~ty Planning Board's reasoning. If the property owner has such great hardships because these buildings were set up £or commercial and the property can't be used for anything else than under those c~.rcumstances, both the Village and the Town could grant a varian¢~e wi~h very strict .conditions. If the property owner can show that his hard- ship is so great and it won't destroy the neighborhood. suggest the reasoning of why a variance hasn't been applied for is either they are not entitled to it and 'it would be detrimental the neighborhood or they would rather not be hampered by the Zoning Board o£ Appeals and what they might say. They must act in the strict con£ines of the ordinance. There is a further hardship and problem. Half o£ it is in the Village and half of i~ is in the Town. We don't know what the Village will do. Obviously, iff the Village doesn't go along with a downzoning you will 'be placed in a position of downzo~ing an area where half will be left residential and half industrial, obviously not good planning. You are in no position at the present time to go ahead. Further study is recommended. I think also you should consider the £aC2 that not only is this the best area but it abuts upon one of the £~w parks Greenport has for the public and this entire are~ is going to be used for boats and manufacturing. The tra££ic will be exiting to Greenport streets right next to the park. There are children, women, mothers, it is quite crowded on the weeksnds and during the week. It is not going to help it and I don' t think i't is compatible. That is my personal opinion. I thi:ak you should lcok carefully into that question. I think if you !o~k at all..-.~these factors it will behoove you not to grant this downzoining or spot zoning. It just doesn't seem to fit into the neighborhood. The only thing that the peitioner has going for his zase is there is a large building on the property which many years ago was"~used for industrial. Maybe, it could be developed into some type o£ residential building and a multiple us~ put in there. In.i..a way it is .idle speculation to raise the point because a,s a Town Board · you can't get into these fine details. This is a proper case for the Town Board of Appeals and see if something else can be worked~ out for the property owner. Marvelous things can be done. ~With appropriate conditions and appropriate attention by the Zoning Board of Appeals, they turned disaster areas into a delight. I, think alot can be done without turning it into an indUstrial ~area and my clients strongly object to the downzoning. Supervisor' Is there anyone in the audience wis~ing to speak on this application for the purpose o£ denying the '~pplication? Harry Menkes: Fifth and Clark. I have been a taxpayer a~out fourteen years. I£ this downgrading, spot zoning, goes into effect, I am worried about what is going to happen on Fif'~-~-~-- Street which, is almost the same case. We may have that as a ferry terminal. What is going to happen to the Village of Greenport and the whole prime area in Greenport iff this petition is approved. I disapprove the petition. Arthur Coffin- I have property on Pipes Cove Circle. It is part o£ the ~old Ellsworth Estate~that was used for oysters. It is my residence now. As with my neighbors I have put alot o£ mM money and time into my property. I bought it because it was an industrial absent section. Everything in there was residential. At one time there was an attempt to change industrial between'my property and the motel down the line. That was turned down be- cause it was felt that a marina on Pipes Cove was a detriment to the entire area. I am now here in the same building and it is supposed to be the greatest thing. I don't think so. There is no difference now than three years. I thought your board went right down the line point by point on all seven and gave you very valid reasons as to why they were opposed. I listened to the Town Planning Board - generalities. I am not impressed by Public Hearing -10- J' ¥ 30, 197~ what the Town said as I was by what the County said. I have checked with some lawyers involved in zoning. They assure me that spot zoning is illegal not only in New York but generally illegal. As far as any so-called conditional zoning they assure me that this too is a subter£uge to get around spot zoning and, in their opinion, would be illegal. I think that I represent the'feelings o£ many other people who would like to live in a residential community, work £or it and improve it and make it look good and I would like to move that we deny this petition. Lorraine Terry, Pres'ident o£ the N¢~rth Fork Enviror~nental Counc~i, Inc.' I would really like to ask you to consider £our questions. (The £ollowing letter was read into the minutes. ) The North Fork Environmental Council is becoming increas!ng!y alarmed over the pollution o£ the waters surrounding our area, as well as the threat of air pollution and would like to ask £our questions pertaining to the downzoning of the property kno~n as the Ellsworth Oyster Company, situated partly in the Village of Greenport and partly in Southold 'Town. 1. What specific Air Quality Standards would be applicable in the operation of an industry involving plastics or resins~ especially within a residential district? We ~understand that the plant is connected to the Greenport Sewer System, but what would be the ru!ing/regm~!ation regard- ing the dumping o£ any bulk waste in adjoining waters? · 3. What are the standards governing the traf£ic and parking so that it would be conducted in a mar~aer not to inter£ere with the character of the residential area and the park and ~ swimming area? We understand that the intent of the applicant is to rent dockage space for boat owners. What would be the limit on size of the boats? Would there be a restriction added, if this is grant~d, in regard to the sale or dispensing of petroleum products? We would like to point out that ~he entrance to the dockage area carrot be achieved by a s~raight approach but must be made close to the beach, which leads us to ask, would the safety o£ swimmers in this Greenport's only beach area, be assured? Thank you, /s/ Loraine S. Terry, President Eve Bucharelli, 312 Fourth Street-. Even in Greenport we are supposed to have a government of, for and by the people and I think it is obvious, it was at the last meeting, that people are not served by downgrading. I sincerely' hope the petition will be denied and soon so we don't have to waste our time coming to these hearings. Public Hearing -11- ~uly 30, 197~ A1 Scott: i am the owner of the adjacent property in question that Southold Resins wants downzoned and am vigorously opposed to such action by the Town Board. To downgrade it for an unproven product, it is such a great gamble to manufacture resin based products that the Town Board on this alone should be unwilling to take this gamble. The national picture is that other companies are hard pressed which is all over the country with resin based items. The noxious use o£ chemicals and undesirable odors should be considered. There should be the thought that once downzoned the Town Board has lost practically all control. In the event of an unsuccessful gttempt by SoutLold Resins to make it a profit- able and useful addition, it is still unproved a~d the towr~ has no control if it is sold for some other use. I£ the Town~Board sees fit to reject the interests of the taxpayers then what assurance can the adjacent community have? It will be damaged and Pipes Cove offers to all the people in Southo!d and G~'eenpor~ the use of sailing, fishing and general recreation. The Town of Southold to use its water£ront for the monetary gain of one person or preserve for the use of many. Why not a variance to keep some control of the Town or'the use of this property. The Supervisor asked if there was anyone else who wished to speak in Opposition to the petition. There being none, he opened the floor for rebuttal. ~ Price- The question of what use this propervy can be put to. Because the use district under your zoning ordinance is light i~dustria! and under the Village zoning ordinance is co~erciai ~general is semantics. We are bound by the ordinances as we find ~them and it is inverse reasoning to reason that because your zoning ordinance called manufacturing industrial and the Village doesn't that it will make a change in what the applicant is going to use the premises for. He is going to use it for ~nanu£acturing. You don't lose control of the use. You only have the use on B-I and B-9, if the Board of Appeals grants a special exception and at that stage we get the other arguments that special conditions can be imposed. _Mr. Stankevich has brought up that question again o£ why we are not in for a ~ariance. He forced me to answer it in Greenport and I will answer it again. We did not apply £or a variance because in the State of New York a variance is only granted for area and not use. It is his contention that it is not so. He is just another attorney. He passed the same exam I did. It is my contention and that is the only reason we are asking for a change of zone rather than a variance. Mr. Stankevich said he is not against the application but only in support of the zoning ordinance. He read some of the provisions that you are to take into consideration. Unfortunately, he left out H which is the encouragement of flexibility in the design and development of land in such ~a way as to produce the moSt appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. Also, the Town Board under Article 15 may on its own motion or by petition after advertising and certai~ requirements have been complied with prepare and adopt an amend- ment to the zoning ordinance. Mr. Stankevich also quoted from Public Hearing -12- Tuly 30, 197~ some report which said, I believe, that this is district 3 and that this is the best residential district according to him. I did hear from what he quoted that there was some commercial use on Front Street and the southern-most parr of that district and that is exactly what we are talking about, the southern-most part of that district. At the time that report was ~ritten this was an industrial district. This is not asking for spot zoning but the correction of a mistake and I quote the Village Planning Board that said this was zoned residential so they could control the use and they have approved the use. Mr. Menkes, when he stated that this would set a precedent for Fifth Stree~ and the same uses and ferry terminals could be put in. That is already zoned water£ront commercial and it can be put to that use. The County Board over- looks the fact that the purpose of the zoning ordinance and general development plan is to put the best use of the property and mention has been made of the residents havin~ put their lives and money into the real estate that they owned, when it was already zoned commercial or they bought it a£ter. The owners in this case have their lives and money invested in this property and to deny them the best use of this property is to deny them. Mr. Stankevich' People on both sides of the question have personal interest and that is why it is civilized and right they come be£ore you. I would like to point out that your zoning ordinance and the master plan lay out as a principle the gradual elimination o~ nonconforming uses. The petition claims it is a nonconforming use. They are asking you to reinstitute this as an industrial area. ~t has.been £allow for many years. It is a step backwards. In ~.your zoning ordinance you have attempted to separate ind~tria! from the residential areas and keep industrial aside and ~eparate. Six months ago we could'have said that the plastic indust~y is clean, non-toxic and sa£e. Within the last six months we hear people's livers are £a!ling out because they wor~ in plas~'~ic factories and there are noxious fumes. This is one of the most densely populated areas in Greenport. Some of the people are here and they are worried. TheM intend to live there and would like ~o have.the purposes of the zoning ordinance upheld. Certainly if there is such a grievous injury to the property owners they can go to the Board of Appeals. The answer is to have your attorney look the complaint over and I am sure he can answer whether there is a use variance. That is an option open to you and I am sure he will find a case that tells the Board o£ Appeals that they can grant use variances when some criteria are met, if the injury iS so great and it won't hurt the neighborhood. The Board of Appeals have far more control in this situation. The Board of Appeals is very hard put to deny a conditional use. They are in a stronger position i£ the property owner must get a use variance. I suggest that this downzoning doesn't belong in a densely packed residential area. Mr. Scott- The owners of the property haven't been mentioned ~his e~ening. Have they ~nything to do with any official capacity in the Town of Southold? Secondly, the petitioner is now operating in this location. How or why and who ga~e him permission? ~ 1974 Public Hearing -13- ~ y 30, Supervisor: I did explain that one of our Town Board members, is one of the owners of the property. He is sitting here for the sole purpose of having a quorum with two members absent so we could go on with a hearing. He will have no vote when we decide the matter. As far as the Town of Southold is concerned we are talking absically of the application that is here tonight on a vacant piece of land. There is one tip o£ the building sticking into Southold Town. The basic plant is a village matter. Mr. Scott: The trucks that are going into Southold Resins at the moment are being driven into the Town o£ Southo!d and parked in the Tovaa of Southold and there is material being stored in the Town of Southold. Who gave him permission? Supervisor' The Town of Southold did not give permission. Mr. Scott' Somebody must have. If the owner did he is in di.'rect violation. Supervisor' I don't think the owher would give permission. Mr. Price: As attorney £or the occupant I would like to attempt to answer that question. I did not represent them when the lease was entered into. In my investigation, it is my understanding that there was a booboo. Everyone thought it was industrial and did~'t know it was zoned residential and went in on that basis. As far as the actual use o£ the Southold portion with trucks and s$orage it is our contention that it is a continuous or nonconform- ing use which is legitimate under the ordinance as it exists. Mr. Scott' ~o gave them permission to put a windmill up there.° You can say it is not being used but it is being used. Supervisor' Is there anyone else who ~ishes to speak on this matter? Has everyone had the opporvo~ity to be heard? Hearing none, the hearing is closed. In Mr. Stankevich's last statement, he quoted £rom Otto vs. Steirfhiller, 282 NY ?!, 1939. Respectfully submitted, ~ , Muriel Brush, Secretary LEGAL NOTICE , NOTICE OF HEARING OV PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Sccticm 265 of thc Town Law and Requirements of the Building Zone Ordinance~of the Town of Southold, Suffeik County, New York public head~g will be held by the Southold Town Board in the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town on thc 30th day of July, 1974, on the fo ow ng proposa to amend the Building Zone Ordi- nance (including thc Building Zone Maps) of the Town of Southold, Suffolk County, New York. · 8:00 P.M. (E.D.S.T.) by chang~ mg from "A" Residential and P;gricultural District to "C" Light Industrial District the property of Southold Resins, Inc. situated at Grcenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows:. PARCEL A: ALL that certain tract or parcel of land, with the buildihgs and improvements thereon erected, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove, distant on a course North 46 degrees 30 minutes 00 seconds West 3SS.S3 feet from the southwesterly corner of land now or formerly of Harvey (said point being the southerly point of upland conveyed by the J. & J. W. Elsworth Company to Frank- lin C. Ashby by a deed dated January 3, 19S6 and recorded January 9. 19S6 in the Suffolk County Clerk's Office in Liber 40S1 Cp 22S and RUNNING THENCE along land of Ashby North 64 degrees 1S minutes 30 seconds East 183.37 feet to a point marking the southwesterly corner of land of Greenhalgh. THENCE along the southerly line of land of Greenhalgh South 82 degrees 41 minutes 20 seconds East 165.19 feet to a concrete monument set on the westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7 degrees 18 minutes 40 seconds West 230.00 feet to the northerly point of land now or 'formerly of Harvey; THENCE along the northwest- erly line of said land now or formerly of Her-ay, South 29 degrees 5 minutes 40 seconds West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of beginning the last course being described by a tie line only as North 46 degrees 30 minutes 00 seconds West 355.53 feet, to the point or place of BEGINNING. PARCEL B: All that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in thc Town of Southold, County of Suffolk ~hd State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46 degrees 30 minutes 00 seconds West 355.53 feet from thc south~vesterly corner of land now or formerly of Harvey (said point being the southerly point of upbnd conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded January 9. 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 255 and; COUNTY OF SUFFOLK 1 STATE OF NEW YORKJ~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCH/vLAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ....L~,~_/.~...~...~.~d.... wee~ successively, commencing on the ......... .~,...~ ~'4 day of 5 ~' ',~: ' ' ...... :;.,./. ....... ...................... ............. Sworn. to before· me thi ....... ....... day of ............ ...... l~'or, a.r y ~b~ ~ .... RUNNING THENCE along the ordinary high water mark of ~pes.i CoVe in a~ general southwesterly of Rar~ey, a ' by a tie IFle South 46 degrees 30 minutes O0 seCOnds East of 355;53 feet; RUNNING THENCE into the waters of Pipes Cove at right angles to said ordinary high water, mark in a southwesterly direction a distance of 100,00 feet; THENCE North 46 degrees 30 minutes 00 seconds West a distance of about 340 feet to the southeasterly line of a grant of land under the Water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33 degrees 43 minutes 20 seconds East about 106 feet to the point or place of BEGINNING, BEING AND INTENDED TO BE the same premises conveyed ,:~4~e~-~l.o:ds, ARMANDo County Clerk s ~t Liber 6294, page 370. Expecting therefrom such. of .described premises .as are located m the corporate limites of the Village of Greenport. Any persor~ deairing tO' be heard on the above proposed amefidment,should appear at the time and place -so Specified. Dated: July 11, 1974 BY ORDER OF THE $OUTHOLD TOWN BOARD ' ALBERT W. RICHMOND , : TOWN CLERK IT, 7/18 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and Requirements of the Building Zone Ordinance of the To%~ of Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board in the Office of the Supervisor, 16 South Street, Greenport, New Yerk, in said Town on the 30tk day of July, 1974, .on the following proposal to amend the Building Zone Ordinance !(including the Building Zone Maps) of Su_folk County, New York 8:00 P.M. (E.D.S.T.) ~Agricultural District to the Town of Southold, iproperty ~f $outhold Resins, by changing from "A" Residential and "C" Light Industrial District the Inc. situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL A: ALL that certain tract or parcel of land, with th l!buildin~s and improvements thereon erected, situate, lying and iibeing at Greenport, in the Town of Southold, County of Suffolk ]and State of New York, and bounded and described as follows: BEGINNING at a point on the ordinary high water mark of l!PiDes Cove, distant on a course North 46° 30' 00" West 355.53 ifeet from the southwesterly corner of land now or formerly of i' !:Harvey (said point being the southerly point of upland conveyed ~!by the J. & J. W. Elsworth Company te Franklin C. Ashby by a dee¢ :dated January 3, 1956 and recorded January 9, 1956 in the Suffol} iiCountv Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East !'183.37 feet to a point marking the southwesterly corner of land ~of Greenhalgh, THENCE along the southerly line of land of Greenhalgh South 182° 41' 20" East 165.19 feet to a concrete monument set on the Legal Notice Page 2 beginning the as North 46° 30' BEGINNING. PARCEL B: formerly under westerly line of Sixth Street; THENCE along the westerly line of Sixth Street, South 7° 18' 40" West 230.00 feet to the northerly point of land now or formerly of ~arvey; THENCE along the northwesterly line of said land now or formerly of Harvey, South 29° 5' 40" West 86.08 feet more or less to the ordinary high water mark of Pipes Cove; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point cr place last course being described by a tie line only 00" West 355.53 feet , to the point or place of Ail that certain tract or parcel of land now or the ordinary high water mark of Pipes Cove, together with the structures, improvements and buildings thereon, situate, lying and being at Greenport, in the Town of Southold, iCounty of Suffolk and State of New York, bounded and described as ifcliows: BEGINNING at a point on the ordinary high water mark of Pipes ICove distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey (said !ipoint being the southerly point of upland conveyed by J. & Jo W. iElsworth Company to Franklin C. Ashby by a deed dated January 9, !11956 and recorded January 9, 1956 in the Suffolk County Clerk's i~ffice in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes ~Cove in a general southwesterly direction to land now or formerly iof Harvey, a distance measured by a tie line only on a course, ~outh 46c 30' 00" East of 355.53 feet; Legal Notice Page 3 R~NiNG THENCE into the Waters of Pipes Cove at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; THENCE North 46~ 30' 00" West a distance of about 340 feet to the southeasterly line of a grant of land under the water conveyed by J. & J. W. Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33° 43' 20" East about 106 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the Landlozds, ARMANDO CAPPA and JAMES F. HOMAN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Office at Liber 6294, page 370. Excepting therefrom such of described premises as are located in the corporate limites of the Village of Greenpor~. Any person desiring to be heard on the above proposed amend- ment should appear at the time and place so specified. Dated: July 11, 1974 BY ORDER OF TEE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TO~ CLE~[ PLEASE PUBLIStl ONCE, JULY 18, 1974, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TO~ CLERZ,, M~IN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 1i, 1974: The Lomg Island Traveler-Mattitnck Watchman The Suffolk Weekly T~r~es Supervisor Albert M. Mar%occhia Irving L. Price, Jr., Esq. Village of Greenport Daring Harbor Village To~ of Shelter Island To~ of Riverhead To%,~ of Southampton LERK .o Gentlemen: This is to acknowledge receipt cf written notice of proposed amendment to the Southold Towr'~ Building Zone Ordinance. Public Hearing to be held on the 30th day on July, 1974 at 8:00 o'clock in the erecting. Kindly sign the duplicate copy of this letter ana~ return to this office in the self-addressed envelope enclosed. Very truly yours, . .; Albert W. Richmond P~,wn Clerk cc: Town of Riverhead Town of Shelter Island Town of Southampton Town of East Hampton Village of Greenport Village of Dering Harbor , Juae 6, 1974 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "Southold Resins, Inc." for a proposed change of zone from "A" Residential to "C" light Industrial, Town of Southold (SD-74-8) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 5, 1974 reviewed the above captioned zoning action and after due study and deliberation did take the following action disapproving this change of zone: Be It Resolved, that the above captioned change of zone is disapproved for the following reasons: 1. It is inconsistent with the Town Master Plan which designates this parcel for single family residence use; 2. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot ~ning"; 3. It is contrary to previous Town and Planning Board actions which eliminated the former industrial zoning classification; 4. It is inconsistent with the single family residence character of the locale and would necessitate access via local residential streets; 5. It would tend to establish a precedent for further downzonings in the locale and along the shorefront; Southold Resins, Inc. Tovm of Southold SD-74-8 Page 2 6. There is no guarantee to preclude a chanae in uae or an intensification or expansion of said facility; and 7. The intended manufacturin:g use does not necessitate waterfront access- ability as a marine related use. Very truly yours, Lee E. Koppelman Director of Plannl,~.g GGN:fp cc: ~lanning Board by Gerald G. Newman Chief Planner ;.~.ay }3, 1S74 l"u;:;:,uaat to your letter of Ai:::'.;.1 £4~ 1:)74. to the ']?c,~,n of ',:~ t:i',,old, I <<mlo:.;e hc~-ev,'ith LAter of ~..~'~y 9, I~;74, froca the ifew York outhotd. ILP:J¥ flew York State Department of Environmental Conservation Region 1 Eiwiro~zmental Analysis Unit Dui]ding 40 State University of New York Stm~ Brook, New York 11790 James if; Biggane May 9, 1974 trv~ug L. Price, ,lr.~ Esq. 238 i.~ain S~'reet (]~nport~ Nc'w Yo~k ]1944 Dear lifo lie are :in recoJpt of your ]aLter concerning the proposed rezon5ng of the prop~rty at the foot of west side of Sixth Street, greenport. Presently, abe Tidal 14et]ands Act only covers ac~nal physical alterations on tidal ~i:]ands or waters or within 300 feet of thom, Your reqnest for zoning r,,Jass] flcatiou will, therefore, r~quSrQ no Tidal W~tland Permit from this office. RI,II:jla April ~. ,Johm Peckhmu, Clerk-Treaa~rer Village of GreCmport %~ird Street Greenport, New York 11944 Dear ~4r. Peckh~: 7 !~ enc!o~i~ ~ copy of a letter to the qouthold V~ ~3e~ci indicat~nf the recommendation of the ~outhold To~ :~1~nnin~; ~oarJ to them on the chance of ~one petitio~ of !;o~tho!d ~esi~*7, Inc. ~,e have referre,') this matter to the C~f~ro!'c Planning .~ommission for their determination. Yours '~riel Br,ish, Secretary Soathotd Town Planning Board April 19, 1974 $outhold r~own Board Greenport, N~ York 11944 So~thold Resins, Inc. Change o£ zone request Gentlemen: this is to in~orm you that the ffollowtng action was taken by the $outhold Town Planning Board at a regular meeting he~d April 16, 1974. On motion made by Mr. Coyle, seconded by Mr. ~oisa, it was i(~SOLVED t~at the Southold £o~n Planning }loard ~ecom~end ~o the Southold Town Board approval o£ the petition requesting a change o£ zone on certain property situated at Greenport, New York, £~om 'A" Residential and Agricultural ~istrict to "C" Light Industrial District. This ~ecommemiatton is based on the £act that the pr~ises are presently improved by a long ~i/ting o~ter plant. ~d~r the previou~ zoning ordinance it was zon~ inaustrial and has existed in present condition prior to any zonin~ o~dina~e ~o= the ~o~n o~ So~thold. It ~as operated as an oyste~ plant and ha~ been contin~oasly ased since ~o= storage. ~ere will be no chan~e in the oat~ard appearance except regular maintenance. The property will be us~ as a resins manufacturin~ plant and ~at basin. The Planning ~ard ffeels this is food use of ~hls property. Vote o£ the ~oard: Ayes: ~leasrs. ~icktlam, togas, Raynor, ~Joy~e and Grebe. Yours truly, Muriel Brush, SecretsrF $outhold To~n Planning Board TOWN CLERK 765-3783 Building Dap% t Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. 1197l Pursuant fo the General M'unlcipaJ Law, Chap+ar 24-, of the ConseJidated Laws, Article I2-B. Sections 239-1 and m, the ~A!I~.~'~ of the town of Southold, N. Y. hereby refers fha folJowlng (agency involvedl proposed zoning action to the Suffolk County Planning Commission: Icheck oneI New and recodff[ed zoning ordinance ~:~.. Amendment fo the zoning ordinance ..... Zoning changes Special permits ....... Variances Location of aff ctea bnd: w~thin 500 feet of: Jcheck on~ or more) _.~.. Town or village boundary line .... State or county road, parkway or expressway State or county ,park or recreation area Stream, or drainage channel owned by the county or for which the county has estebilshed channel lines ..... State or county owned parcel on which a public building is situated (signed) Title Date received by Suffolk County Planning Commission ..................... File No February 21~ t974 Ir¥i~g £. P~:ice, Jr., C,~:cc!~i).~?t, ~7~:w York 11944 Re: goutLold Ke.s~)s, The nex~ m~e~ing of ~he Plamning ~oar~l will be hr~ld on t~%*rch 14, I974 and I h~ve se~ ~aside Yours truly, Fcbrm~ry 20, 1974. Sotlthold Town Planning 13oard, Sox~thold, New York. On behalf of Southold Resins, Inc. a~ld pi]z'sua, nt to Section 100-1~3 of the Soni, hold Zoning Code, I request noUfJcatJon of when it would be con~ March 22, 1974. Town Clerk. Town of Southold. Sontl,old. NEw York 11971. 1Re: Application of Southold ]Tesins, Inc. for a (Jmngc of Zrme Dear Sir: I enclose herexvJth two sets of five each of the necessary ]n:~ps in c~).nection with the pz'eviously filed application for ['ezonJng of tJ~e prope~'ty located west of Sixth Street in the Villnge of Greenport amd jn the Tow~ of Southold. \Ve ]lave [n?epared the sa~rm copies for each application n. nd t,'ust that this fact wsll be noted in any transmittat you ?~2a. ke to ~ul'folkCounty, assnming same 5s necessary. I would ;~ppreciate your a. ttaching these copies to the ~pplieatJon which, as I say, was pceviously filed. Very truly yours, T,'"I, W N TOWN OF' ~'oLITHI~LD ...~OUTHE]LD, L. ' , N. ';','. 1197~ Mr. John Nlckham, Chair~ua:-. - Southci. d To'~a: Pianl~ing Board Cutchogue, New Yo£k 11935 Dear Hr. Wickham: mh'~ original petimic~: requesting a change of zone si~uatei[ at Greenpo~t, an! Ac~ricuttk~ral District to Dis~;rict is in the files Board at Soutnold, New York. You are instructed to r~re, L:are ar'_ off:i defining the conditions descri}::..e:l i:': the determine UNo area so affecned ',.~: :i:e r=cc,::'~:::e:-~i,:.': of ,'cu~ Board go'~: C~ er,, IR~II~G L. PRICE. JR. ATTORNEY AT LAW 2:38 MAIN -~TREET GREENPORT, L. I., N. Y. I ! 944 TELEPHONE 477-1 O16 March 18, ]974. Town Clerk, Town of Southold,, Southold, New York. Re: Application of Southold Resins, Inc. for a Change of Zone. Dear Sir: On behalf of Southold Resins, Inc., I enclose here- with a Petition addressed to the Town Board of the Town of Southold requesting a change of zone on property located on the west side of Sixth Street in the Village of Greenport for the part of the old Elsworth .Oyster Company located in the Town of Southold adjoining the Village :of G reenport. I have also filed a Petition with the Village of Gceenport for a similar change of zone. Also enclosed herewith is my check made p:~yable to the Town of Southold in the amount of $100.00 for the filing i'(,e as re- quired by the Zoning Ordinance. I also enclose herewith photostatic copy of letter of March 5th from James F. Homart revealing the fact that he ie one of the landlords of these premises and is also a Councilman o/ the 2'own of soUthold. I have ordered the usual zoning change maps from Van Tuyl for both the Town of Southold parcel and the Village parcel and will su~rnit the part pertaining to the Town as soon as I have received then~. I would appreciate it if you would advise me of the date and time of the meeting of the Planning Board when '~his matter will be considered by that Board. Very truly yours, mi :ss Enclosures STATE OF NEW YORK: TOWN OF' SOUTHOLD In the Matter of the Petition of Southold : Resins Inc. for a Change, Modification : or' Amendment of.the Zoning Ordinance · of the Town of Southold, New York. : · PETITION TO. THE TOWN BOARD OF TIlE TOWN OF SOUTHOLD, .NEW YORK:- 1. Petitioner herein is a domestic corporation maintaining its principal place of business at c/9 Van M. Taggert· Minnehatta Boulevacd, Southold, Town of Southold Suffolk Co~mty, New York. 2. That petitioner, as lessee with option to purchase under lease with Armando Cappa and Sames F. ttoman, as landlords, of real property : generally described as follows;, to wit: ~ PARCEL A- ALL that certain tract or parcel of land, with the b~iildings ~d !! improvements thereon erected, situate~, lying and being at G~'eenport, in the Town of Southold, County of Suffolk and State of New York, and bounded ~ arid described as follows: BEGINNING at a. point orl the ordinary high water mark of Pipes i' Cove, distant on a course North 46° 30' 00" West 355 ~53-feet ~'- i ~ . ~.om the il southwesterly corner of land no~ or formerly of Harvey (said point being ii the southerly point of upland c'onveyed by the J. & J. 1~. Elsworth Compan,- to Franklin C. Ashby by a deed daied January 3, 1956 and recorded Janua~.~y 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and RUNNING THENCE along land of Ashby North 64° 15' 30" East ii'183.37 feet to a point marking the southwesterly corner of h~nd of Greenhakgh, THENCE along the southerly line of land of Greenhalgh, South 82° 41' 20" East 165 19 feet to a concrete monument set on the westerly tine of Sixth Street; TERENCE along the westerly line of Sixth Street, South 7° 18' 40" west 230 ~00 feet to the northerly point of land now or formerly of Harvey; THENCE along the nOrthWesterly line of said. land .now or formerl,v of Harvey, South 290 5' 40" West 86.08 feet. more or less to the ordinary high~ water.mark~ of Pipes 'Cove;' . ~ · " ~ UNNING THENCE albng the ordinary high water mark of Pipes Cove in a general northwesterlY direction to the point or place of begi~min~, the last course ,being described'by a tie line .only. as North'46° 30' 00 West 35§. 53 feet, to thee point or place of BEGINNING. · · . . , · PARCEL B: -' ALL that certain tract or parcel of land now or formerly under the ordinary high water mark of Pipes Cove, together with the structures, i~nprovements and buildings thereon, situate., lying and being at Greenpert, in the Town of'Southold, Cou.nty of Suffolk and State of New York, bounded and described as follows: BEGIi~NING at a point on the ordinary high water mark of Pipes Cove distant on a course North 46° 30' 00" West 355.53 feet from the southwesterly corner of land now or formerly of Harvey ~said point bei~g the southerly point of upland conveyed by J. & J. W. t~lsworth Company to Franklin C. Ashby by a deed dated January 9, 1956 and recorded Jaauacy 9, 1956 in the Suffolk County Clerk's Office in Liber 4051 Cp 225 and; RUNNING THENCE along the ordinary high water mark of Pipes Cove in a general southweste~:ly direction to land now or formerly of Harvey, a distance measured bs' a tie line only on a course, South 46© 30' 00" East of 355.53 feet; RUNNING THENCE into the waters of Pipes C.ow.~ at right angles to said ordinary high water mark in a southwesterly direction a distance of 100.00 feet; -THENCE North 46© 30' 00" West a distance of about 340 feet to · the southeasterly line of a grant of land under the water conveyed by J, ~ J..V~ Elsworth Company to Franklin C. Ashby in the deed aforesaid; THENCE North 33© 43' 20" East about 106 feet to the polar or' place of ~beginrhng. BEING AND INTENDED TO BE the same premises conveyed the Landlords, ARMANDO CAPPA and JAMES F. H©NLKN, by Deed, dated January 8, 1968 and recorded in the Suffolk County Clerk's Offic~ at Liber 6294, page 379. Excepting therefrom such of described ~premises as are located the corporate limites of the Village of Greenport. 3. That the above described premises are presently improved by a lo~ng existing Oyster Plant. Said real property is presently located in the ~ Residential and Agricultural Districts under the Zoning Ordinance 'ancPZord~ng Map of', the Town of Southold as amended, but under previous .. Zoning Ordinance was zoned as Industrial and had .e~isted in present condition prior to ado .and was ope'rated as 'ag Oyster Plant and has been continuously used state ~tion of any Zoning Ordinance for the Town of Southold 'i· for tora e.~. , 'i ~' ~ ~ '4. That the above mentioned 1ease'with Option of said premises . . '~. fo~' ~a'ny lawful 'purpos6.,"- 5. That petitioner does hereby petition the Town Board of the Town of Southold to change, modify or amend the Zoming Ordinance of the Town of Southold together with the Zoning Map f¢,rmi~g a part thct'c~,f by changing fr~m A - Residential and Agricultural I)istricts to I,ight Industrial District the property described in paragrz ph 2 of this petitio~. 6. Such request is made for the following ~easons' The premises'which are the subject of this petition, as previc~sly stated, consist of the former ~,,lsworth Oyster Plant property upon whi<:t~. is erected a large frame structure and accessory building operated as for many years. That the premises located west of Sixth S<reet in the Village of Greenport and the Town of Southold is presently occupied and intended be operated as a resins manufacturing plant and the boat basin thereon will be used as boat slip rehtals, or a marina. There will be no change in ~he outward appearance of present improvements except those benefits deY'ived from regular maintenance thus preventing present improvements from possibly becoming an "eyesore" from natural deterioration. To grant the ,change of zone requested here[n, would permit the premises in question to be used for the purpose for '~hich it is best suited and would plac~ the property in a use classification .~imil ar to previous zoning, .but in a classification that would not allow many unattractive uses that could be done under, previous Industrial Classification. 'WHEREFORE~ your petitioner respectfully requests that the Zoning Ordinance of the Town of Southotd, Suffolk County, New York, · anti'the Zon~ lng. Map forming a part thereof be ?hanged, modified or ame~.de~ by changing from ~k-' Residerstial and Agricultural Districts to Light ~ndUstr~ District the real property described in para'graph 2 of this petition. SOUTHOLD RESINS~ INC. By: Dated: ~Iarch' ' i974. 7 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) VAN M~ TAGGERT, being duly sworn, deposes and says that hc · resides at Minnehaha Boulevard, Southold, New York; that deponent is the President of SOUTHOLD RESINS, INC., the corporation named as petitioner in the within proceeding; that deponent has read the foregoing petition and knows the contents thereof; and that the same is true to ,, deponent's knowledge, except as to the matters therein stated to be ~11cg~d upon infor~nation and belief, and as to those matters deponent belier'es it to be true. This verificiation is made b y deponent because the peition~'r, SOUTHOLD RESINS, INC., is a corporation. Deponent is an officer' thereof, to wit, its President. Sworn to before me this day of March, 1974. Notary Public .L