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HomeMy WebLinkAboutWells, Ruth F. - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ............. IIII1~..1~...~ ......................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ..~A?...~ _~lt~.&. District to .....~..?-._ District the property ~escribed in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in rela¢ion to ~aid petition having been duly held by the Town Board on the ...... ~,~....day of ......... ~1~11~ .........................., t9..~., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is ~11~111~ PUBLIC .HEAR ING TOWN BOARD TOWN OF SOUTHOLD April 19, 1963 present LESTER M. HENRY A. LOUIS M. CORWIN C. ROBERT W. ALBERT W. ALBERTSON, Supervisor CLARK, Justice of the Peace DEMAREST, Councilman GRATRWOHL, Councilman TASKER, Town Attorney RICHMOND, Town Clerk RUTH F. WELLS said day, Ordinance Southold, District property: (The hearing was opened with the reading of the legal notice as follows:) "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 h~arings 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 7th day of March (19th day of April), 1963 at 7:30 o'clock in the evening of on the following proposal to amend the Building Zone (including the Building Zone Maps) of the Town of Suffolk County, New York. By changing from "A" Residential and Agricultural to "M" Multiple Residence District the following described "Ail 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: "Beginning at a point which is the northwesterly corner of the land hereinafter described and which point is South 46° 08' 50" West 738.18 feet from a point on Main Bayview Road which is the point of intersection of the easterly side of a private road (which road leads southerly from Main Bayview Road over lands now or formerly of Richard L. Hammel) with the southerly side of Main Bayview Road; running thence in a generally easterly direction and in a straight line along other land of Ruth Fo Wells to a point on the westerly boundary of a private lane and land now or formerly of Mary L. Dayton, which said point is South 38° 42' 40" West 775.0 feet from the intersecticn of said westerly boundary of said private lane with the southerly side of Main Bayview Road; thence along the westerly boundary of said private lane South 38° 42' 40" West 1124.63 feet to lands now or formerly of Mayer and Dickerson; thence along said lands the following two courses and distances: 42' 40" West 200 of Little Pecon~ (1) North 51° 17' 20" West 87.50 feet; (2) South 38° feet to a point on the ordinary high water line Bay; thence along the ordinary high water line of Little Peconic Bay North 65° 16' 30" West 560.15 feet to the easterly boundary of land now or formerly of Giraud C. Campbell; thence North 37° 58' 50" East along said land and private road 1053.68 feet to a point; thence North 34° 53' 10" West 35 feet to Corey Creek; thence along the ordinary high watermark of Corey Creek' on a tie l~ne bearing North 38? 57' East 250.55 feet to point on the easterly line of land now or formerly of Richard L. Hammel; thence along said land and the easterly line of the private road first above mentioned North 46° 08' 50" East 411.82 feet to the point or place of beginning. "Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. "DATED: February 13, 1963, BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICH~OND, TOWN CLERK." SUPERVISOR ALBERTSON: We have the following affidavit frOn the publisher: 4 "STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) "F. Langton Corwin being duly S~orn, 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 fifth day of April (twenty-second day of February) 1963. /s/ Fo Langton Corwin. "Sworn to before me this 5th day of April (21st day of February), 1963. /s/ Cornelia C. Keogh, Notary Public, State of New York." SUPERVISOR ALBERTSON: I will now read the report of the Planning Board. "Report to: Southold Town Board, Greenport, New York, February 13, 1963, Gentlemen: "This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held February 11, 1963: "In New York, the matter of the petition of Ruth F. Wells, Southold, for a change of zone from "A" Residential and Agricultural District to "M" multiple Residence on certain real property situated at Bayview, Southold, New York, and more particularly bounded and described as follows: Beginning at a point which is the northwesterly corr~ of the land hereinafter described and which point is South 46° 08' 50" West 738.18 feet from a point on Main 5 Bayview Road which is the point of intersection of the easterly side of a private road (which road leads southerly from said Main Bayview Road over lands now or formerly of Richard L. Hammel) with the southerly side of Main Bayview Road; running thence in a generally easterly direction and in a straight line along otherland of Ruth F. Wells to a point on the westerly boundary of a private land and land now or formerly of Mary L. Dayton, which said point is South 38° 42' 40" West 775.0 feet from the intersection of said westerly boundary of said private lane with the southerly side of Main Bayview Road; thence along the westerly boundary of said private land South 38~ 42' 40" West 1124.63 feet to lands now or formerly of Mayer and Dickerson; thence along said lands the following two courses and distances: (1~ North 51° 17' 20" West 87.50 feet; (2) South 38° 42' 40" West 28~ feet to a point on the ordinary high water line of Little Peconic Bay; thence along the ordinary high water line of Little Peconic Bay North 65° 16' 30" West 560.15 feet to the easterly boundary of land now or formerly of Giraud C. 37° 58' 50" East along said land and private point; thence North 34° 53' 10" West 35 feet Campbell; thence North road 1053.68 feet to a to Corey Creek; thence along the ordinary high water mark of Corey Creek on a tie line bearing North38° 57' East 250.55 feet to a point on the easterly line of land now or formerly of Richard L. Hammel; thence along said land and the easterly line of the private road first above mentioned North 46° 08' 50" East 411.82 feet to the point or place of beginning. It is hereby "RESOLVED that the Planning Board does not recommend to the 6 Town Board the change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the property of Ruth F. Wells, as described heretofore. "The Planning Board unanimously feels this change of zone would be spot zoning and would devaluate the existing single family residences in the area in view of the fact the "M" Mutliple Residence Zone as written in the Building Zone Ordinance leaves too much latitude to the owner of "M" zone property. "It is further pointed out that the Planning Board does not feel this "M" Multiple Residence Zone would lend itself to the development of the area in which it is requested. "Respectfully submitted, /s/ Archibald N. Young, Acting Chairman, Southold own Planning Board." SUPERVISOR ALBERTSON: At this time we will hear from those in favor of the proposed change of zone. WALTER GEORGE KAPP, ESQ., Southold, for the Petitioner: First I would like to thank the Board for being so kind as to adjourn the matter from the last time it was on because I was in the hospital. It was very much appreciated. I want to talk about the recommendation of the Planning Board. First I would like to spread some facts on the record on the Victoria property a short way down the road which was rezoned from "A" To"M" about a year and a half ago. We feel both of these properties are very similar and have much in common and this application should be considered in light of the Victoria application° Both are basically in the same area, separated basically by Corey Creek, a bay of water, approximately 1000 feet Apart. Both are on the south side of Bayview Road and both run down to water. The Victoria property is 1~ acres and runs down to Corey Creek and Wells has 29~ acres and runs down to Little Peconic'Bay and also has some frontage on the west on Corey Creek. At the time the Victoria zoning took effect they were located in an area that was zoned residential. There are still some non-conforming uses existing on the north Side of Bayview Road in close proximity of these properties and inbetween the two of ~hem. A~out 2½ years ago the Victorias made an application to have their property rezoned from "A" Residential and Agricultural to "M" Multiple Residence District. They requested the entire property of 13 acres. That application was turned down. would like to read the recommendation of the Planning Board in connection with that application: "RESOLVED that the Planning Board is not willing to recommend this change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the property of William Victoria. The Planning Board is of the opinion that instead of enlarging his project with additional units in hopes of securing additional income, Mr. Victoria should endeavor to landscape cottages that he presently has." This is year later. and beautify the ten a recommendation of the Planning Board less than a The Victorias came back with a second application. This was identical to the first application except that now they omitted from the area to be rezoned a buffer zone of 250 feet along Bayview Road. Now let us see ~hat the Pla~ring Board had to say to this application which was made less than a year later and the Planning Board recommends that this application be granted. We have no dispute with the result as far as the Victoria application was made. We are considering the Planning Board and their consistency. '~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 as shown on map of William Victoria at Southold. This property has been rDn-conforming since prior to the enactment of zoning and an enlargement of the use will in no way harm the character of the area. Mr. md Mrs. Victoria wish to maintain the front of the property facing on Main Bayview Road in "A" Residential and Agricultural District as a buffer. The Planning Board feels a change to "M" would be the most reasonable use ~r the property." This is less than a year later and p~br to that time they are talking about landscaping. They are talking about an extension of a non-conforming use. If there is such a thing it is within the jurisdiction of the Board of Appeals and not Planning Board. Their duty is to recommend change of zones and no jurisdiction over non-conforming uses. Frankly we agree with the last statement that it was probably the best use of the property. That is not the duty of the Planning Board, it is to protect the interests of the Town and to determine whether a reclassification would be in harmony with and promote the general intent of the Building Zone Ordinance of the Town of Southold. They have lost sight of the fact and have not mentioned it in their way they do not recommend the Wells application. feel it is spot zoning. Spot zoning is a legal recommendations. That They unanimously conclusion. If we were asking for a sand pit I wou~ agree it is spot zoning. We are asking for a residential area. Garden type apartments are used to live in. Basically they are the same as other living accomodations. The spot zoning first occurred when the Victoria application was made. They had now set the pattern by the Victoria application and now they come along one and a half years later and say on the same application it is spot zoning. Then they say, which is the most unique reason I have heard for denying an application, that it"would devaluate the existing single family residences in the area in view of the fact the "M" Multiple Residence Zone as written in the Building Zone Ordinance leaves too much latitude to the owner of "M" zone property." What they are saying there is that the Ordinance appears not to be properly drawn and this application should be denied because the authors of the Ordinance did not draw it properly. Then they go on further to point out, "It is further pointed out that the Planning Board does not feel this "M" Multiple Residence Zone would lend itself to the development of the areain which it is requested." I don't know exactly what they are driving at. If they are driving at the fact that they do not particularly feel this appli- cation is in harmony with the zoning ordinance of the Town of Southold, certainly they should have considered that at the time the Victoria application was made. The two applications I do not see how they can be considered in any other way but together. This is not to be an indictment of the Planning Board. They are doing a thankless job for very little consideration. We feel they are mistaken and their reports in connection with this application and the Victoria application have been so confusing and lacking legal merit so as to not receive attention of the Board. We anticipated that we would receive opposition to this application tonight. We thought there would be a question of spot zoning. We did not think it would be by the Planning Board. We expected many people would ask you the question "suppose this is granted, what assurance is there they would put up a garden type apartment?" We expected to hear many people say this is a down-zoning and it will adversely affect the values of the surrounding properties. These are stock objections at every zoning application. Because we expected to hear them we talked to the neighbors ourselves. When they agreed this would be of benefit to the Town of Southold and when they agreed with us that it would not adversely affect the value of their property, and when they agreed with us that this application should be granted we asked them to sign consents, and 28 signed, representing the owners of 16 separate parcels of property in the immediate vicinity and I ask that these consents be made part of the record. (Consents signed by the following: "The undersigned hereby consent to a change in zoning of the property owned by Ruth F. Wells, located adjacen% to and to the west of Bay Haven at Southold from "A" Residential and Agricultural to "M" Multiple Residence." Mary Jayne Myles, Bay Haven Charles Myles " George Heron " Maud Heron " Marion O'Connor " Peter Riebling Catherine Riebling A. Elizabeth Hart Leslie J. Hart Victor Leo Sternett Leonore J. Sternett Kenneth Mo Young John Bernich, Jr. Elizabeth R. Bernich" Peter Giordano Assunta Giordano Arthur O. Wells Rose M. wells Carl O. Stamm Arthur J. Wilks 3rd Sally B. Wilks, L. P. Edson north side Bayview Road John F. Kell, M.D., Tapakoshia Shores Ernest E. Belfi, Terry Waters Thora A. Belfi " Letter from: Mary J. Ryan and Alfred W. Ryan in support. I would like to display to you an architects rendering of what we have in mind. This sketch was made for this particular application. It is basically the type of thing we have in mind. can assure you that it would be a much better and attractive operation than a bunch of small summer shacks would be located on the same property. Just as there are stock,objections to every zoning appli- cation there are also stock reasons for it. There is first of all the question of taxes. If a garden type apartment were to be put on this property it would bring considerable tax income 12 into the Town of Southold. We ful~anticipate and believe that the type of operation we have in mind would be attractive to retired people and to what we might call the summer population which might wish to use an apartment with bathing and boating facilities in the summer and come out weekends in the winter. We also contend this is the best type of industry the Town of Southold can get° It is better than a factory. You have an operation where you derive income from it but does not tax the facilities of the town to any great extent. These are the reasons why we think the application should be granted. We hope you will give them serious consideration and will agree with us and grant the application. SUPERVISOR ALBERTSON: Is there someone else in favor? MRo KENNETH YOUNG, Southold: I sent a letter from the Southold Bay Haven Property Owners Association in support of Bill Wells. I agree with ~alter that they would like to improve the property with this type of use. We trust him to go along with it. We are strongly in back of him. SUPERVISOR ALBERTSON: Is there someone else in favor? (There was no response.) SUPERVISOR ALBERTSON: Is there anyone who wishes to speak in opposition to this? MRS. LILLIAN JACOBSON, Southold: I address the members of the Supervisory Board, and the group of sixty homeowners in the Southold area and surrounding town areas known as'The ~ustics" who are greatly opposed to this down-zoning in Southold, and of whom a goodly number are present tonight and all others present. I am Lillian Jacobson, one of the group of Rustics, and we have now learned since the postponement of the last hearing on March 7th, 1963, that there are many more important factors to worry over, than just the rural aspect, as The Rustics originally stressed when they signed the petition in opposition, and which sign petitions are in the hands of the Supervisory Board. May we refer you to the first paragraph of the Building Zone Ordinance, Town of Southold, Suffolk County, New York: "1. To Control the density of population. "2. Re: The location and use of buildings, structures and land for trade, industry, residence and other purposes. "3. To promote the health, safety and morals and general welfare,"repeat, "to promote the health, safety and morals and general welfare. "4. Of the conservation of property values. "5. Of the direction of building development in accordance with a well considered plan." We Rustics, the 60 of us, would like to stress chiefly the health factor. At the present time the land adjoining the area in question for downzoning has been barred by the Board of Health from further home construction on account of the water problem. This area has to buy their water for drinking and the present area petitioned for downzoning would, we believe, not only have this water problem but how about the sewage problem? At present we do not accurately know where the sewage actually runs to from the are led to believe. where my backyard (a for downzoning, after a swim in the Bay, bathing suit immediately cannot bear the present motels in the area, where there are about 10 cottages, each with a bathroom, each cottage accomodating four people, and now this said motel in the area, will have ready for the coming season, a large motel, with approximately 16 to 20 bathrooms, we I, myself, a resident of Bay Haven, Southold, right of way) adjoins this area petitioned if I do not rinse my offensive odor it throws off. This is a serious matter to think about at present, before even any downzoning is granted in this lowland area where we home- owners came to retire and paid our lifesavings for a place away from the dense population of the city for healthy living. At the moment we will even overlook the possible devaluation of our property if downzoning were granted, we are now all concerned primarily with the health factor. However, while we probably should consider the other fellows financial problems, when the developer sold homes, he definitely outlined a complete planned residential area. In all fairness, we feel that the downzoning of area in question should not be granted under any circumstances. And as we must leave it to you gentlemen on the Board, to make a decision that and surrounding towns. we, sixty Rustics, plead with you again is right for the homeowners of Southold We thank you to consider we 60 rustic homeowners. W~uld it not be practical for the authorities to cease granting multiple dwelling zones in residential areas until some solut~n for sewage has been found? And help safeguard the health of our children and all the residents concerned? SUPERVISOR ALBERTSON: Is there anyone else in opposition? MR. JOHI~ MARSHALL, Laughing Waters: This particular installa- tion they call garden apartments is nothing but another motel when you get down to it. I do not think this area lends itself to that type of construction. I think each and everyone of us in that area is against that down-zoning. attorney, MR. ELLIOT B. LOWELL, representing Paul Sunquist, abutting property: Sunquist who in the Army. requested that I appear to oppose this application. There are a few things that Mr. Sunquist wanted specifically pointed out owner of I have come from Mineola to represent Mro is in the service of the United States as a Sergeant When Mr. Sunquist heard of this application he Multiple Residence is as the rather vague and innocuous description including motels, and the fears of is that a motel might be put in the area. We have in the area now an entirely residential area which is quiet. If is off the main road and true community life. The present zoningis residential and agricultural. Everyone knows everyone else. Everyone is a neighbor. Coming out to this hearing tonight I drove off Route 25 to inspect the area. I found it a quiet residential area. grant this application. The roads are just about adequate now for the present use. what would happen if an "~" Residence or motel were put in? What will happen if this Board were to We would have a great traffic problem. But In to this Board in opposition. Planning Board pointed out a which permits most anything, Mr. Sunquist expressed to me addition, what about the danger to pedestrians. In addition to their views, it is possible and probable that with a transient group coming in we would probably be confronted with such things as late arrivals at night, late parties, noise travels in an area like that. A myriad of problems this area does not need now will have to face. The most important factor of t~/s application or denial of the application is the consideration of the individual residence owner. He has a right to quietly enjoy his property. He has a right to expect zoning will not be pulled out from under him like a rug. Where you have any property with a motel you find all over Long Island that where these motels exist is on main roads in commercial areas. The reason this happens is you have conscientious planning board members who jealously safeguard the rights of residents and home owners in the area. Mr. Sunquist urgently requests that this board denies this application in its entire~y. SUPERVISOR ALBERTSON: Is there someone else in opposition? Is there anyone else one way or another? MR. KAPP: Where is Mr. Sunquist's property? MR. LOWELL: It is adjoining the Mary L. Dayton property. MR. KAPP: Of these consents I gave you before everyone of these is signed by someone who owns property in the immediate vicinity, not 1/2 to one mile or two or three but in the immediate vicinity. There are consents signed by people in Bay Haven, Tapakoshia Shores, Terry Waters and Main Bayview Road in the immediate vicinity. Three of the people who signed those consents are practicing attorneys who are familiar with the zoning laws. I do not think they would sign this consent if they thought it would affect their property, and they would be here in opposition MRS. MARGARET CONRAD, Southold: The reason one isn't here is because he is in trouble with the ZoningBoard himself. ~R. FRANK POSPISIL, Southold: For years I have lived on Long Island and traveled on Long Island and enjoyed Long Island. I was very careful before I picked a spot where I wanted to settle° Well, I will retire in three weeks. W~en I investigated this section and found it to be to my liking I was satisfied. Now I find that after being here for five years I find my plans are being negated by change of zoning. I did not think I would have anything to fear when I purchased the property. MRS. HELEN POSPISIL, Southold: I have taken the trouble to look up zoning. The original purpose of zoning was to assure the minimum standards of light and air for residences. Authority to zone grew out of police power of municipalities to assure public health and safety. It has come to be used as the enforcement of planning so that a community can decide its future character. In that way community facilities can be built to fit the future needs. In many municipalities zoning prohibits apartments. It is also the guarantee that the chdice you make will not be negated by others tomorrow. I think that pertains to us. Private homes were built there and we were assured of that and now we come to the conclusion that somebody else wants to take that out and take that privilege away. If zoning is to be as it is it should be done to protect other people that were sold a bill of goods at that time. MR. LOWELL: About the consents. I haven't seen them, but neither this Board nor any person sitting here has any idea how these consents were obtained. For ought we know the people may have erroneously thought that they were something else. That is why we say this Board should give as little weight as possible to the statements the attorney for the petitior~ made. MRS. AGNES HART, Southold: I came from the vicinity of Great Neck and I need not say how crowded we are there. We have vacationed in Shelter Island and we liked it out here. We looked at property over on the Island and we found this place was exactly what we were looking for. I came from a rural area in Pennsylvania. We met Mr. and Mrs. Wells and we looked at the property and found what we wanted and bought it. As far as my consent I looked into every matter availabl~nd consulted friends in Southold before I gave my consent. As for weekend dwellers, most of us are weekend dwellers in Bay Haven and there are no wild parties in Bay Haven. MR. KENNETH YOUNG: We went into the same processes. We are i g also going to retire here. As far as people kno~what they were signing, I resent the inference. There has been a terrific amount of discussion. A great many telephone calls and trips made on the subject between the Board of Governors and the Bay Haven Property Owners Association. We all knew exactly what we meant when we signed the consents. We are therefore gambling on what Bill Wells proposes. weekend or overnight facility. MRS. CAROLYN GRUBBER, Southold: afford to gamble as to what is going do not want any type of city element coming out here. It will be a seasonal and not transient As a young mother I cannot to be along side of me. I There is a series being run in the NEWS now and apartments. MR. JAMES BIRCH, Southold: about these types of motels The attorney for the petitioner brought out the inconsistency of the Victoria application. there was zoning, but don't believe when the original cottages went in/on their second application it was not approved. W~nen it was reopened a year later it wes approved. It occurred to me two wrongs do not make a right. We are going to have a spread on these zoning changes and if that was approved why can't others be approved? I have been going to New York recently and when I get on the bus at Huntington I see a lot of good land ruined by developments. If the Wells application is going to deface the countryside and be a replica of the Victoria property I will strongly oppose it. MR. ALFRED BITZ, Laughing Waters: The proposal by the attorney is that they contemplate putting up this area for retired people to come out and enjoy the summer and winter with us. If he provides these cottages and motels and finds out that these retired people cen't afford to pay the rent, is he going to close them or rent to people who can afford it? There is a lot to be considered. 2O MR. JIM BITSES, Horton Point, Southold: The first thing to be considered is the benefit to the Town. Everyone is talking about his own interest. We must consider the Town as a whole. dot the landscape with four and five room bungalows that you will clutter up the countryside and that Gas stations and signs are not the balance. people in this town cannot earn a living here. If there is a balance in the town there should be places for industry; places for private homes, boating, beaches and motels. Places for the public to come to and enjoy the town and not destroy it. This should be considered, the benefit to the town as a whole. feel that building a motel there should be a better balance of industry and jobs in this town. I also think that in a case of this sort which is a community type there should be an artists sketch. If you is fine, is not a balance. Many of the young salesman for a master plan and we have started one. MR. MARSHALL: I agree with the gentleman that there should be a place for motels and industry but this area is not for that thing. MR. ARCH DAVIS, Southold: I live within a stones throw of this property. I feel we should be concerned with the fact that we are facing the gradual whittling down of our rights as residents of the Bayview area if we continue to grant except~ns to the present zoning law. As was said two wrongs don't make a can't say whether I am for or against it. SUPERVISOR ALBERTSON: Thank you. You sound like a good right. Don't There are places where motels are being p~t up, Sound area. We came here to get away from the We do have the Victoria cottages in operation there now. let down the door any further. This is a residential area. such as along the type of thing we got in Great Neck and Rockville Center. We know the Town Board and Planning Board are trying to do the right thing in this. Please consider this carefullybecause the people who came to live have will have no place to go. MR. RICHARD HAMMEL, Southold: I am an adjoining owner. I lng have been hold/property and have been reluctant to develop because I do not want to see any crash development. I think the proposal is really a breach of the zoning law. You are going to rent them out and you will lose control over the people as tenants. You are going to try to get return. You propose to put a multi-unit dwelling on a piece of ground which on the U. S. Topographical Map is less than 10 feet above sea level. You will polute the water. A short time ago there was a permit for a marina on the other side of my property. It was to be a non-comnercial marina and with the advent of a multi-family dwelling on one side and a marina on the other you will have a nice small commercial area. Should something start to happen to a multi-unit dwelling because it is on unstable ground you will have someone trying to unload the property and he will let down the bars and he will not protect what zoning was set up to establish. Hogs Neck is an isolated peninsula. If anyone wants to engage in commercial enterprises they have the area to the north to do so. There should be at least one-half acre zoning in this area° Victoria kind of messed it up a little but please do not let it get any further. SUPERVISOR ALBERTSON: Is there anyone else either for or against? (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will at this time for the you all for coming. close the hearing further deliberation of the Board and thank L Cedar Beaoh Drive Southold, April 18~1965 Town Supervisor 16 South Street Greenport, N.Y. SubJeot. CHAISE OF Z01~ING IN CERTAIN PORTION OF BAI~IEW AR~A FROM "A" RESIDENTIAL TO "Ms MULTIPLE DWELLII~ ................ aentle~ns We most vigorously urge ~hat ~he petition to change the zoning in the Bayview Seotion of Southold frc~ "~' Residential to "M" Multiple Dwelling be denied. Southold's greatest attraotion and desirability lies in its oharming rural atmosphere, unspoiled by the indisoriminate mushrooming of motels, eating shaoks, and the inevitable honl~-tonk atmosphere of the mv~aonplaoe resort area. Southold has too muoh to lose if it lets itself be pressured into hasty aotions by land operators whose only interest is in making a quiok dollar and then moving on to ne~ pastures. Since~, '~ 36 Hil!mohr Court North~ort, N. Y. Pebruary 11, 1963 Mr. Luster Al.bertson~ Supervisor ~own of 3outhold~ Ne}~ York Re: Petition of R~th ].Jells for Change of Zoning to Zone for Bay View area in Southold I v~ou~d like to go on record as opposing the spot zoning chan{fe which is requested by ~ath Wells in the Bay View area. As a resident of this area, i feel that ~e should not permit these changes f'or ~hc profit~o]e benefit of one~ at the cost of depreciati}~g the entire surroL~nding area~ and creating a coad.'.tiox~ ~.zhich could become highly undesJrs~le i~ the i~:mediate future. At this time would you clarify one point that has c~u~sed considerable concern 'to ma, na~ely~ the peR~ssion which was granted by you to Mm. Kenneth Young to be present at this past meeting of' the Hoard. I under- stand that he was representing a group called the ~Southo]_d Bay Haven Property Owners~ Assoc.~ I~c.~. i would like to go on record at this time~ stating the followirig ~-hick SECOND: ~'That if on or before Noverfoer 10~ 1962, the Association shall have enrolled ~' ni ~imvm~ of fourteen (14) members entitled to ? certificate of' }lem- bership as provided in the by-l%ws thereof - - FIF?[: "~'_.at in the event the Associatioz~ is una'{:le to enroll a ~inimum of' fourteen (14) mai. fours as specified itl paragraph "SECO~[D" above and within the tine 'therei~ set fortb~ then this agreement shall be deem~'d ~]l and void a~d the part~es t~ereafter released of nll ferther liab~i~ity thereunder." On December 21~ 1962~ all property owners in B~?/ H~;~ven were informed by letter fro~ Hr. I{enneth young, ~President'5 that they had only e~rolled twelve me~bere to this association. Therefore~ I feel that at this time there is ~-~o associstion~ and that ~.~r. I(enneth Young is ~ot %ualified to represent nnd speak in behzlC of ~he property owners of a non-existent ~ssoci:~tion. V~ry truly /ours~ Robert Be ttinardi Copy: Board of Appeals~ Town of Soathold Plan~li~lg Board~ Town of Southold TcLpI ..... LY,,L,oo[ 9-1929 Ja~u~a ~y 29, '~r. Lester A!bertson Southold, !.I., ,~.v. Dear Lett: ~ot alone, as the owY~er of T~kavosha Shores, but ss an ordinary citizen that respec!s our democratic way of life, I p~ost strongly oppose any aLtemot, by an~ individual, to transpose this lovely area into a commercial venture, e.g. -- an apartment sit~ -- a local marina, or any other subterfuge. We of Takaposha Shores and Bay Haven have been iu telephone communication with one another. The ouestion that each of us has asked, is Why? If this variance reouest, and others like it are oal- atable and justifiable, why is it sought for in the winter when the majority of affected and interested individuals are not present, and not likely to even know about it until after the act? I hope that you as life-time resIUent, of this oppositioo. a supervisor of Southold, and a can recognize the importance ~ill you ~lea;~e let me k~ow your own feelings on this matter. Ver~" yours ~ sir. cerely Giraud W. Campbell, D.O. GWC: gc SO~THOLD B~Y H~_V2N £?,OP'~!-~.TY OWNs_AS i~aSOCi~,TION, INC. Bas Haven ~ay View Aoad Sout~hoia~ N. Y. ~ebrual~y 27, 1963 ~qr. ~ester ~kbertson, oupervisor ToWn Board of bouthoid ~ South Street ~reenport, ~.I., f~e: Meizs hezonin~ l-~etition Dear Sir: This is to inion~ you that t2~e Bo=rd of Directors o£ ~2~e South- o~a ~ay Haven Pro~,ert~ Owners association~ inc. n..w~ voted to su~pozt ~e petition oi' i~irs. ~uth %.~e!la~ for a ch~n~e %0 an ?iultiple ke~i(~ence 3~strict for thc ;~e~ms' proper%y northwest zrontaae, ie~ving the road zrontage southwest of bay View in its present "=" Lesimentiai ~.nd agric~tur~ uistrict, for an af~ropri~,te depth of several hun r~m leet. represent our Board as iavorine this proposes zofJ_ng ~ resident (/ The undersigned hereby consent to a change in zoning of ~he property owned by Ruth F. Wells~ located adjacent to and to the west of Bay Haven at $outhold from "A" Residential and AgriculTural to The undersigned hereby consent to a change in zoning of the property owned by Ru~h F. Wells, located adjacent to and to the west of Bay N~ven at Bouthold from "A" Residential and Agricultural ~'~'~ Multiple residence. The undersigned hereby consent to a chan~e in zoning of the proper~y owned by Ruth F. Wells, located adJacen~ to and to the west of Bay Haven at Sou~hold from "A~ Residential and Agricultural to "~" ~ultiple residence. The undersigned hereby consent to a change in zoning of the property owned by Ruth F. Wells, located adjacent to and to the west of Bay Haven at Southold from "A" Residential and Agricultural to r,~. ~ultiple residence. The undersigned hereby ~,nsen~ $o a chang~ in zoning of ~he proper~y owned by Ruth ?. Wells, located adJacen~ ~o and to ~he wes~ of Bay Haven ~ Sou~hold from "A" Residential and A~ricultural ~o "~" ~ul~iple residenc~. The undersigned hereby consent to a change in zoning of the property owned by Ruth F. Wells, located adjacent to and to the west of Bay Haven at Southold from "A" Residential and Agricultural to "M" Multiple residence. The undersigned hereby consen~ ~o a change in zoning of the proper~y owned by Ru~h F. Wells, located adJacen~ ~o and to ~he west of Bay Haven a~ Sou~hold from "A" Residential and Agricultural ~o "N" ~ul~iple residence. The undersigned hereby consent to a change in zoning of ~he property owned by Ruth F. Wells, located adjacent to and to the west of Bay Haven at Southold frown 'A" Residential and Agricultural to ~) The undersigned hereby consen~ to a chang~ in zoning of the property owned by Ruth F. Wells~ located adJacen~ ~o and to the west of Bay Haven ~:~ Sou~hold from ~A~ Residential and Agricultural ~o ~ ~iul~ipls residenc~. The undersigned hereby consent to a change in zoning of the property owned by Ruth F. Wells, located adjacent to and to the west of Bay H~ven at So~thold from "A' Residential and Agricultural to ~i,~" Multiple residence. The undersigned hereby consent ~o a change in zoning of the proper~y owned by Huth F. wells, located adJacen~ ~o and to ~he wes~ of Bay Haven at Southold from "A" Residential and Agrioul~ural ~o %~" Multiple residence. The undersigned hereby consenz to a change In zoning of the property owned by Ruth E. We±ls, located adjacent to and to the west of Bay Haven at Southold from "A" Residential and Agricultural to t'l,[" ~iultiple residence. The undersigned hereby consent to a cha~e in zoning of the property owned by Ruth F. Wells, located adjacent to and to the west of Bay Haven at Southold from "A" Residential and Agricultural ~o "i~" Multiple residence. ~Y The undersigned hereby consent to a o?~nge in zoning of the property owned by Ruth F. Wells, locc~d adjacent to aD~ to the west of Bay Haven at Southold fro~ "A" Residential and Agricultural to "M" Multiple ERNEST E. BELF! ATTORNEY AT LAW 41 NORTH VIL. LAGE AVENUE February 26th, 1963 l~lr. and Mrs. William ~ells Bayview hoad, bout:old, ]~. Y. Dear Ruth and Bill:- Please excuse our delay in answering your letter of February 6th. You may not know it but I am running for Y~ayor of Rockville Centre, and believe me it has taken up a lot of my time. We are enclosing herewith the signed consent and if there is anything we can do ~o help in this matter we shall be very happy to follow through. With kindest regards to both of you, and looking forward to seeing you in the near future, ~:e are, Sincerely, 4028 217th St. Bayside, N.Y. F~bruary 27, 1963 Town Board Southold, N.Y. Gentlemen: It is our understanding that Ruth Wells has requested a zoning change for "M" Multiple Dwelling classification of the Well's property west of Bay Haven to Corey's Creek. As home owners in Bay Haven, which is adjacent to the above mentioned property and being unable to attend the Town Board Meeting on March 7, 1963, we would like it known that we are in support of the measure as put forth by Ruth Wells. Yours truly~ M~ry-/J~ R~yan~ w. Wednesday, Feb. 27th. Dear Ruth, I seem to have lost or misplaced the slip of paper you wanted us to sign. Will the enclosed suffice? Good luck. '-c:'-~ ~-,~,_,.-, --,<7~r?~ t '-'v ~%~ ~o~r.'! o~ ~ +~ fro fur ~r 'no,-~ ,~of ~ %r~ +~ e? o~ ~-~-~,,u~ t c., '~ th~ ,v~t-~ ~rz,.,]_,~' . . to ~,~r .. _ .~ . ~r d vk- - ,~ ~0 13~'o +~v ~"~"'~W w'-'>r~ .:~ ..... ~0 .... r~ ..~ ' ~'~' ~ ..,. D '., ' , ,. · ' ' t:~= o~ ty *~ h~] ~ ! in~. t tb~ ....or,'~ + w~ "'~ 21 e--~n ,~.~]~!r the · .,r ..... thy., ', ._ - .......... ..... .- -, _.T ................. .'..."t):~ ~=~' W~ ~0 >r,.- pTo -q~v~]~---,. ~'~'~3 ~" ~- ..... "]~12~ rk]. ~ro~ 11~+~,., ~ ~o!re ..... ~o~.., ~ ........ P~r S~W~o'~ ,],m~ ,~, %7{m~'r ~1~ s~.o'uar't th~ h~a]. th of o-,r oh' ~"!r~n s,n"~ '?..]~ tT-= r~~ "~.~?. ts NOT~C~E OF ON PP~OPOSAL TO ~rsu~t ~ ~c~ 2~5 of ~he To~ ~w ~d ~e ~ of the ~fl~ ~ne ~lna~ of the To~ of Southold, Suffolk County, N~ York, p~b~c h~s will held by the $outhold Town ~rd at ~e offl~ of ~e ~ervi~L 16 ~uth St~, ~eenport, ~ew York, ~ said ~wn ~n ~e l~h day of Ap- en~ of ~id ~y, ~ the fol~wing pro~ to ~end the Build~ Z~e ~di~n~ (includin~ the Building Zone ~) of t~ ~n of ~ut~ld, Suf~ County, ~ew Y~k. ~enti~ ~d ~cultural ~ct the foHow~ ~bed p~y: AH tha~ ~in tr~ or par- old, ~ ~the Town of ~uthold,[ ~ffo~ County, New Yqrk, and mo~ partic~rly ~ded and ~ing at a ~int which ~e ~o~hw~terly ~r~r of ~nd ~e~af~er ~ri~d and ~lch po~t l~ South ~o ~, 50" on M~n Bayview Road which the ~ln~ of inters~i~ of the ~rly side of a p~vate road (which ~d le~ ~u~herly fr~ ~id ~n Ba~ie~ Road over l~ds now or formerly oi Richard L. ~am~l) with the ao~therl~ ~ide of ~in Ba~iew~ e~ly e~rly d~rec~ion a~ in a straigh~ l~e ~ong o~her land of ~uth F. Wel~ ~o a po~ on the westerly ~undary of a ~riva~e lane and land haw or iomerly of ~ L. Day~, w~ch ~id point is ~ 38~ 42' 40" W~st ~5.~ fee~ f~m ~he ~ersection of ~aid wes~rly bo~ of said p~va~ ~ne wi~ ~e southerly ~ide of ,Ma~ ~yv~w ~ad, then~ al~ the wes~ly d~ of ~id pri~ lane Sou~h 38~ 42' ~' W~t 1124:63 feet to l~& now o~ f~m~ly of ~a~er and ~c~erson; ~hence al~g eourses and distances: (1) No~h 51° ~17' 2~" West 87.~ feet; (2) ~ ~ ~in~ on ~ ,ordinary high ~ater line of Little Peconic Bay; then~ along the o~ina~ high ~ l~e of ~ttle P~onic Bay to t~e e~rly ~und~ of land ~w or fo~rly fo Giraud C. C~pbell; ~hence North 37~ 58' ~a~ r~d 1~3.~8 f~t ~o a point; the~ North 34~ 53' 10" W~est 35 f~t ~to Cor~ C~eek; thence ~ong ,~he qr~a~ h.igh w,a~r m~rk of ~rey ~eek on a linc ~be~ Nor~ e~ly l~e of land now or for- mealy of ~hard L, ~mel; thence Mong s~d ~d and e~rly line of the p~va~ road first a~ve mentioned North 08' 50" ~ 411.82 feet lo the ~int or p~e of ~in~ng. A~ ~e~n ~s~ing to ~: h~rd on the proposed ~mendmengs ~ho~d app~r at the time and pl~e a~ve s~ified. BY O~ER OF ~E ~U~OLD' ~ BOARD (The ~e ~mntion~ hearing w~ pr~iously ~h~ed for ~.e ~ day of ~h .1963 and was adjourned ~ the 19th ~ay of I STATE OF NEW YORK, ~ ss: COUNTY OF SUFFOLK, says that . ..f~ ......... is Printer add Publisher of the SUFFOLK TIldES, a newspaper published at Greenport, in said county; and that thc notico, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for .................................................... l'..~.~. ~ ~. ........................ week~ succe~,slvely commencing on the ................. y o~' ...... ~.~ .................... 19.~. ~. i.. ................... Sworn io before me this ....... ;~..~.l.: ........ ' i day of .... g'~: .............. (~'~ (,-7 ,~_ ,,/_'~'"" 19...le..~.. NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCB Pursuant to Section 265 of the Town Law and Article X~ of the Building Zone ordinance of the Town of $outhold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, ~reenport, New York, in said to~n on the ~ 1. 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 %he Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows~ Beginning at a point which is the north- westerly corner of the land hereinafter described and which point is South 46° 08' 50" West 738.18 feet from. a point on Main BayView Road which is the point of intersection of the easterly side of a private road (which road leads southerly from said Main Bayview Road over lands now or formerly of Richard L. Hammel) w~th the southerly side of Main Bal/view Road; running thence in a generally easterly direction and in a straight. line along other land of Ruth F. wells to a point on the westerly boundary of a private lane Fage 2 - Legal ~otice and land now or formerly of Mary L. Dayton, which said point is South 38° 42' 40" West 775.0 feat from the lntersectl~ of said westerly boundary of said private lane with the southerly side of Main Eayvi~w Road~ thence along the westerly ~oundary of said private lane South 38° 42' 40" West 1124.63 feet to land~ now or formerly of Mayer and Dlckerson! thence along said lands the follow/rig two courses and distances~ (1) North 51~ 17' 20" West 8?.50 feet! (2) South 38° 42' 40" West 200 feet to a point on the ordinary high water line of Little Peconic Bay! thence along the ordinary high water line of Little Peconic Bay North 65° 16' 30" West 560.15 feet to the easterly boundary of land now or formerly of Giraud C. Campbell! thence North 37" 58' 50" East along said land and private road 1053.68 feet to a point! thence North 34" 53' 10" West 35 feet to Corey Creek; thence along the ordinary high water mark of Corey Creek on a tie line bearing North 38° 57' East 250.55 feet to a point on the easterly line of land now or formerly of Richard L. Ham~el; thence along said land and the easterly line of the private road first above m~ntioned North 46" 08' 50" East 411.82 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. DATED: February 13, 1963. BY O~D~ OF T~ SOUTHOLD TOWN BOARD. ALBERT W. RICHMOND, TOWN CLERK. Page 3 - Legal Notice PLEASE ADD THE FOLLOWING AT THE END OF THE LEGAL NOTICE: (The abovementioned hearing was previously scheduled for ~e 7th ~ay of March 1963 and was adjourned to the 19th day of April 1963o The previous legal notice was published on March 22, 1963.) PLEASE PU~.ISH ONCE, APRIL 5, 1963, AND FORWARD~O (2) L~]GA/~ NOTICES '&~O Copies mailed to the following on April 1, 1963- The suffolk Times The Long Island Traveler-Mattituck watchman Walter Kapp, Esq., a/c Ruth Wells. TOWN BOARD TOWN OF SOUTHOLD March 7, 1963 P r esent: LESTER M. ALBERTSON, Supervisor HENRY A. CLARK, Justice of the Peace CORWIN GRATHWOHL, Councilman LOUIS M. DEMAREST, Councilman ALBERT W. RICHMOND, Town Clerk RUTH F. WELLS Supervisor Albertson opened the meeting by reading of William Wells as follows: "Bay Haven at Southold, Wm. Wells, Owner, Builder. 1963. "Mr. Letter Albertson, Supervisor, South Street, Greenport, L.I., New York. "As I explained to you on the 'phone the letter March 1, Southold Town Board, 16 Dear Mr. Albertson: this morning, my attorney, Walter Kapp, has been incapacitated as the result of an emergency operation and I respectfully request that the hearing scheduled for Thursday, March 7, 1963, on the proposed rezoning of the property of Ruth F. Wells be postponed for one month. "Your cooperation Many thanks. "Cordially yours, On motion of Justice Clark, it was in this matter would be greatly appreciated. /s/ William Wells." seconded by ~uncilman Demarest RESOLVED that the hearing on application of Ruth F. Wells for a change of zone be postponed to Friday, April 19, 1963. Vote of the Board: Ayes:- Supervisor Albertson, Justice Clark, Councilman Demarest, Councilman Grathwohl. Town Law and artiek r~r'[0f Town of New Y0~tr. in s~d ,town on the 7th day of ,~,~, lg~, a~ 7:'30 o'cloc~ in th~ evening of arid ~day, on the folk~dng tn~eeals to amend the Bulldh~ Zone Ordin- ance (including the Bulldl~ Zone Map6) of the Tow~ of't~outhold. Suffolk County, Mew York. 1. By chafing from "A" Resi- dential and A~lcultural District to "M' Mmv/,~Ple Residence District the followh~ clescri,bed ,property: Ail that certain ~ract or parcel of land situated, at ISouthold, in ~ TOwll of Southold. Suffolk CoUl~ty, ~ York, and more ,pa~lcula~rly bounded .and de- scribed as follow~: FI~BRUARY 22. 1963 Beginning at a point which is the northwesterly comer of the land hereinafter .described and which point is South 46° 0a' 50" West 738.18 feet f~om a point on Main Bayview Road which is the point of intersection of the easterly side of a private road (which road leads aoutherly from said Main Bayvlew Road over lands now er formerly of .Ric~hard L. Hammed with the southerly side of i~ain Bayview Road; running thence in a gen- erally easterly direction and in a strain, iht line along other land of Ruth F. V~lls to a point on ~ westerly bounds~ry of a ,pri- vate lane and land now or for- merly of Mary L. Dayton, which ~aid point is South 38° 42' 40" West 775.0 feet from the inter- ae~tion ef said westerly bound- ary of said private lane with the southerly side of Main Bay view P,~ed; t~ence along the westerly boundary of said private lane South 38° 42' 4~" West 1124.63 ~cet to lands now or formerly of Mayer and Dicker- son; thence along said lands ta~e following two courses and dis- t~.~ces: (1) No, th 51° 17' 20" West 87,50 feet; (2) South 38' 42' 4~" West 200 feet to a point ~ on the ordinary high water line ~ of Little Peconic Bay; thence SS: along ~ ordinary high water line of Little l~onlc Bay North 65° 1~' 30" V~est 560.15 f~et to ~ ................ being duly Sworn, the ~asterly boundary of land now or formerly of Giraud C. ~ter an~ Publisher of the SUFFOLK Campbell; ,thence North 37° 5~' ,~a o~ Oreenport, in said county; 50" East along ~aid land and °'~" l~ivate road 10536~ ~eet to a.- point; thence ~l'orth 34° 53' 10" ~cn the annexed is a printed copy, West ~5 feet to Corey Creek; said Suffolk Times once in each thence along the ordinary high of Corey Creek on ~ weekI, water a .tie line bearing North 38° 57' .................................... ~_ .~ East 25~.55 feet to a point on the.n the ....~...~-~- .... easterly line of land r~ow or for-I merly of Richard L. Hammcl;[,~ .......... ll~...~ ....... thence along said land and thel[.~ first ~bove mentioned N~orth 46~ point or place of beginning. ~o~ [ Any person desiring to be heard ........ 19....~- I on tlae proposed amendment ~'g ~ ' ~ place above specified. DATED: February BY ORDER OF THE ; CORN[UA C. KEOG~ SOUTHOLD TOWN I~OAlqD ~YARY PUBLIC, State o[ New ALBERT WI. RICHMOND, No..2.~093890 ~OWN CLERK. ltF221 Qualified in Su[(ol~ Count~ ~erm Expires March 30. 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, ~ublic 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 7th day of March, 1963 at 7:30 o'clock in the evening of said day, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 1. 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: Beginning at a ~oint which is the north- westerly corner of the land hereinafter described and which point is South 46° 08' 50" West 738.18 feet from a point on Main Bayview Road which is the point of intersection of the easterly side of a private road (which road leads southerly from said Main Bayview Road over lands now or formerly of Richard L. Hammel) with the southerly side of Main Bayview Road; ~ running thence in a generally easterly direction and in a straight line along other land of Ruth F. Wells to a point On the westerly boundary of a private lane Page 2 - Legal Notice and land no~ or formerly of Mary L. Dayton, which said post is South 38° 42' 40" west 775.0 feet from the lntersecticn of said westerly boundary of said private lane with the southerly side of Main Bayview Road~ thence along the westerly boundary of said private lane South 38° 42' 40" West 1124.63 feet to lands now or fomerly of Mayer and DIckerson! thence along said lands the following two courses and distances~ (1) North 51° 17' 20" West 87.50 feet! (2) South 38° 42' 40" West 200 feet to a point on the ordinary high water line of Little Pecunic Bay~ thence along the ordinary high water line of Little Peconic Bay North 65° 16' 30" West 560.15 feet to the easterly boundary of land now or formerly of Giraud C. Campbe11~ thence North 37° 58~ 50" East along said lan~ and private road 1053.68 feet to a point~ thence North 34° 53~ 10" West 35 feet to Corey Creek~ thence along the orainary high water mark of Corey Creek on a tie line bearing North 38~ 57' East 250.55 feet to a Point on the easterly line of lana now or formerly of Richard L. Hammel~ thence along said land and the easterly line of the private road first above mentioned North 46° 08~ 50" East 411.82 feet to the ~oint Or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above specified. DATED: February 13, 1963. BY OItDER OF THE SOUTHOLD TOWN BOARD. ALBERT W. RICHMOND, TOWN CLERK. Page 3 - Lega~ PLEASE PUBLISH ONCE, FEBRUARY 22, 1963, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATI~ TO THE TO~N CLERK, MAIN ROAD, SOUTHOLD, N~W YORK. Copies mailed to the following on February 15, 1963t The Suffolk T~mes Walter G. W~PP, Esq.. a/c Ruth F. Wells BAYVIEW ROAD $OUTHOLD, N. ¥. SOUTHOLD 5-2749 DISTINCTIVE HOME SITES · PRIVATE BEACH BOATING · FISHING ' SWIMMING WELLS - OWNER BUILDER mr. Lester albertson, Supervisor Southold Town Board lG South Street Greenport, L.I. New York Dear Mr. Alber~son: as I explained to yo~ on ~he 'phone this morning, my attorney, W~l~er K~pp, has been incapacitated as the re- sult of an emergency operation and I respectfully request that the hearing scheduled for Thursday, March 7, 19~, on the propsed rezoning of the property of Ruth F. Rells be postponed for one month. Your cooperation in this mat~er would Oe greatly apprecia'~;e~. L~any than~. Co.laity yours, William Wells WW; rTM tho] d, ~Y TC ~ ~ ~Y 80~ILD BAX hLaYE~ PlOrEal~f 0%~ ASSQCI~TION, II~. Haven View Road Sou~old, N. Y. ~ebruary 27, 1963 Mr. Lmmtmr Albertmon, ~uperv~mor T~ Bmm~d of Southold Re: Wells Iiezontng Petition De~r 8ir~ ~tl ia 1~ i~ yom t~t ~he Board of Di~c~rs of ~e Sou~- ~ 8~ M~ P~ O~rs Al~ia~on, Inc. have vo~ ~ ~% ~ ~ of Hrs. ~ W~, for a ~e ~ ~ "Mn M~e ~li~e ~s~ct for ~e W~e' p~rty ~r~we~t of ~ ~ Mav~ develo~t ~ Co~ C~, ~s ~e b~ f~e, 1~ ~ ~ f~n~e ~u~lt of B~ Vi~ HoaC ~ i~ p~t "A" Re~aen~ ~ A~c~r~ ~st~ct, for ~ ~p~p~a~ ~p~ of seve~ ~ feel. ~leaae represent o~r Board &a favoring t~s proposed zonin~ e~e. Yours sincere~J, P resident' Io~,' ne: Pett,}~on ~]th ~ells, ~y ~iew Are& ~ad~o. n m&v d~"en UTm~s) for ~ Zon: As of }ear '/r. Albertson: ~&r ~b.r~ of 'fcwn ~rd: ~b. T~en he ~r~e4 the b~h b~y~ont ~ h~ ~at, r ~ght of~ ~bore) ~o t~at a ~th o* ~* ft. or rote now ~Join~ b~ho~ are lo~!nW t~, ~mn~ so t~at they warning of A&ng,r. $. %~.lelle, ham ohan_~ed h~s loc%t~on- 14 4. 2wo homes in ~av ~a~en after only ~ yr. ne~ cesspools, they were fmprc1~erlw Is. Wells, en~e~,ror~ ~ retract our or~rlnal de-4~ moAlf~ &e~ which are ,~fa~r- but the o~i+t~-r~ s~mit their de~bel~,g on for ~ear ~*~ not '~o~n~ w~%~ woul~ b~ cl~ar-d ~ tn a few montb~ ~'~r ~o~%~,- olome ~ four v~re- ~'~ a r-~uo~ bac~v~rt on w~ w~ %ho,~t vo~oe o' AE5 th* ~r~r o~-rs. You ~r. ~e was f~o~e on on, d~ ~b~,~ t~- downzon'~ o' Jay 7~ew Ar~- change? Xen Xo,mg e-,eh conq,~lt~ ~4 ~l,ade~ '~it~ ~o-tbold w~ he~A mor~aTe~ on a f~w ~o~-~ In ~v n~,,n_ a~k~nr ther:~ what they could do to help h~ .?, ha ,e th~ downzou'~- reJeo t~t. ~h~ aen ~o~ a~en cha~* o~ h~r~ after visits w~ th ~th~and~IU2~m ~m? ~!nger ale Aces ~ot dul~ the ~en~e~. ~4~ ~uper~- ,et he h.. charg.~ u~ from '1~,~0. to '~,0~0. ~or tb~ ~ven hom~ a~r~m~y eon~tr~ted. ~t- weeks after ~e p~ti~on by ~ell~ w~ ~uo,~nced In th- ella has f~nal~y fami~ar'ze~ th~ pr~T-r~ *~-r~ ab~,~t w~t ~ plane ~ d~ ~d e~nda u~ a tbrea~n~ ~ett*r- a~ 'n one para-rash rea4e am followa~ ~ m~y r'gbt t~ ~tte'~t ~ eo~o~ or ~ct,~ w~t au o~r The &e~*etou, ~r. mlbert~on, we ,+-zuet to you, on 'arch 7, l~k~- at 7"$0pm- we know yon will do what te fair- al~ w, +~ ~- '~rd. ~onoerne~ Z~r, · ~rov-r t~ ~nere- l? t~ ~mv eloa~ on ~ five Te~ th~ roa~ ~ not ocli. ts'- o~~ ~a~ ~ wa~]ow in m~ a f~ ~ ~ g-t ~ or out of ~ of th- bo,-se~.,~t cf t~e 1~ ho,~eee only ~ eo~l-s e~y yearro~4- th. o~r ~ com~ on~ for we~k.n~e- or ~on~ wh~ not c~l~te one eo~-~~ ~- why le eisa' ~e~,n~ ~ re.ne the ~Jo~ning ~$em, w~th ~a~ente ~n our back ye&rd' 'by-not ~n o~ ~-r4~at~ eom-un~ ~v &res h, cold u~Y If he ', meeting azea~ that are 'n nee4 of s~ar~remte- s~r-]y th-r- ts eno'~h -a~ant la.uR ~Orewhere in '~uthold- whet. he eoul~ erect a,-ar~,n+s, i.e., ]an~ for a~,artrent loe~ +~ o~s% '/'hie developer ,~ erratic-, he sold a ~'ay da~.n lot ~ one oo~- for They told him a· t!m~ ~ p~rc~a~ ~y wo~d -r~+ ~b-~r ~n bo-e~ lair tbs c~ d~d~ abe. t_& ho~.e~ beoa~e +bev ~d no+ w~· Wellm f~7. Ah!e oo~l- were n~t ~o rrc,~d to ~tek ~ th~'r ~ -o~-v- ~ bu'lt a ~Io- bootee in l'errv Wm,-r% nex~ 4~r. 'lh~ luckiest har~en'ng for ~ay Mm-~n ~om~un~ ty won]t be ~o? +Ne d~l~p_~er to mows on- 4 t wo~l~ ~ake everybody ha~4-r an~ m b-tt~r ~-!_~- to ~--~ ~n. Southold Town Planning Board ESOUTHE]LD, L. I., N.Y. Report to: Southold Town Board Greenport, New York February 13, 1963 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a meeting held February 11, 1963: In the matter of the petition of Ruth F. Wells, Southold, New Yo~k, for a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain real property situated atBayview, Southold, New York, and more particularly bounded and described as follows: Beginning at a point which is the northwesterly corner of the land hereinafter described and which point is South 46° 08' 50" West 738.18 feet from a point on Main Bayview Road which is the point of intersection of the easterly side of a private road (which road leads southerly from said Main Bayview Road over lands now or formerly of Richard L. Hammel) with the southerly side of Main Bayview Road; running thence in a generally easterly direction and in a straight line along other land of Ruth F. Wells to a point on the westerly boundary of a private lane and land now or formerly of Mary L. Dayton, which said point is South 38° 42' 40" West 775.0 feet from the intersection of said westerly boundary of said private lane with the southerly side of Main Bayview Road; thence along the westerly boundary of said private land South 38° 42' 40" West 1124.63 feet to lands now or formerly of Mayer and Dickerson; thence along said lands the following two courses and distances: (1) North 51° 17' 20" West 87.50 feet; (2) South 38° 42' 40" West 200 feet to a point on the ordinary high water line of Little Peconic Bay; thence along the ordinary high water line of Little Peconic Bay North 65~16' 30" West 560.15 feet to the easterly boundary of land now or formerly of Giraud C. Campbell; thence North 37° 58' 50" East along said land and private road 1053.68 feet to a point; thence North 34° 53' 10" West 35 feet to Corey Creek; thence along the ordinary high water mark of Corey Creek on a tie line bearing North 38° 57' East 250.55 feet to a point on the easterly line of land now or formerly of Richard L. Hammel; thence along said land and the Page 2 - Report to: Southold Town Board easterly line of the private road first above mentioned North 46° 08' 50" East 411.82 feet to the point or place of beginning. It is hereby RESOLVED that the Planning Board does not recommend to the Town Board the change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on the property of Ruth F. Wells, as described heretofore. The Planning Board unanimously feels this change of zone would be spot zoning and would devaluate the existing single family residences in the area in view of the fact the "M" Multiple Residence Zone as written in the BUilding Zone Ordinance leaves too much latitude to the c~ner of "M" Zone property. It is further point'out that the Planning Board does not feel this "M" Multiple Residence Zone would lend itself to the development of ~e area in which it is requested. Respectfully submitted, Archibald N. Young, Acting Chairman Southold Town Planning Board /3b AMENDED EXHIBIT ItA'~ BEGIi~NING at a point which is the northwesterly corner of the land hereinafter described and which point is Sou~h IL6° 08~ 50" West 738.15 feet from a point on Mein Bayview Road which is the point of intersection of the easterly side of a private road (which road leads southerly from said Main Bayview Road over lands inow er formerly of Richard L. Harmmel) with the southerly side of iMain Ba~iew Road; running thence in a generally easterly direc- ition and in a straight line along other land of Ruth ~. Wells to a point on the westerly boundary of a private lane and land now or formerly of Mary L. Dayton, which said point is South 35° ~2' ~0" West 775.0 feet from the intersection of said westerly boundary of said private lane with the southerly side of Main Bayview Road; thence along the westerly boundary of said private lane South 38° ~2' ).!~0" ~.~est 112~4.63 feet to lands now Dickerson; thence along said lands the distances: (1) ]~orth 51° 17' 20" West or formerly of Mayer and following two courses and $7.50 feet; (2) South 38° k2' l~.0" West 200 feet to a point on the ordinary high water line of Little Peconic Bay; thence along the ordinary high water line of Little Peconic Bay North 65© 16' 30" West 560.1~ feet to the easterly boundary of land now or formerly of Giraud C. Campbell; thence North 37© 58' 50" East along said land and private road 1053.68 feet to a point; thence North 3~© ~3' 10" West 35 feet to Corey Creek; thence along the ordinary high water mark of Corey Creek on a tie line bearing North 38© ~?' East 2~0.~ feet to a point on the easterly line of land now or formerly of Richard L. Hararael; thence along said land and the easterly line of the pri- vate road first above mentioned North h_6© 08' 50" East ~11.$2 feet to the point or place of beginning. WALTER GEORGE KAPP ATTORNEY AT LAW SOUTHOLD, N. Y. ~o~o~ ~-~x 3436 February 11, 1963 TO' THE PiANNING BOARD OF THE TOWN OF SOUTHOLD: Gentlemen: It has been called to my attention that the description (Exhibit "A") attached to the application of Ruth F. Wells for a change in zone of certain property located at Ba~ciew is a deed description of the entire parcel owmed by her at said location. Although it was not intended that the entire parcel be included in the property for which a change in zone has been requested the fact that the deed description was used has apparent- ly caused some confusion. I have, therefore, drawn an amended Exhibit "A" and I respectfully request that this be substituted for the original Exhibit "A" submitted with the application~ and that petitioner's application be amended accordingly. ~espectf~lf yours, / Attorney for Petitioner AMENDED FDCHIB IT BEGI~'~ING at a point which is th~ northwesterly of the land hereinafter described and which point is South ~6° 08~ 50" ~'est 738.18 feet from a point on ~in Ba~iew Road which the point cf iz~tersecticn cf the ~s. sterly side cf ~. private road (which ro~d leads southerly from s~id Main Be~lew Road over l~ds now or fo~erly of Richard L. Ma~el) with the southerly side of Main B~iew Eo~d; running '~hencs in a generally easterly direc- tion and in a straighb line along other land of Ruth ?. Wells to a point on the ~esterlM boundary ~f ~ p~w~te l~ne and land now or ~formerly of Mary L. Da~ton, which s~Id ~oint ic ~.~cu~t~ 3~]° 42' 40" ~West 775.0 feet from the intersection westerly boundary said ~of ss. id private lane with the southerly side of Main ~ayv~ew Road; ~thence ~long the westerly boundary of said private lane South 38o ~2' ;.~.0" West t12~.63 feet to land~ now or fo~erly of Maye~ and Dick~rson; thence ~lcng said lands the following two courses and dist~nces: (l~ ~crth 51° 17' 20~' ~est ~7.~0 feet; (2) South 38° ~k2' [90" ;~est 200 feet to a point on the ordinery high water line of Little ?econic Bay; thence along the ~u~dinary higi~ water line of Little Peconic Bay North 65° 16' 30" ~est 56{3.1.~ feet to the easterly boundary of land now or fo~erly of Giraud C. C~pbell; ~thence North 37~> 58' ~ ~' D~ East along said land ~nd private road I053.6~ feet to ~ point; thence North 3h° 53' l0~ West 3~ feet to Corey C~eek; thencs ~lo~ the ordin~ry hiEh wRter mark of Corey Creek on a tie line b~sring North ~o ~'7' ~= ~'~' ~t feet to a point on the e~sterly line of l~d no;.~ or formerly of [{ichard L, l{a~el; thence ~long said land and the easterly line of the ppi- v~be road f'irst above z~ent!oned North ~6° 0~ ~0" East ~!1.82 feet to the point or place of beginning. WALTER GEORGE KAPP SOUTHOLD, N. Y .......... ~ 3436 ?ebruary 11, 1963 Gentlemen: It has been called to my attention that the description (~hibit "A") attached to the application of Ruth ~. Wells for a change in zone of certain property locsted at Ba~view is a deed description of the entire parcel o~.~ed by her at said location. Although it was not intended thab bhe entire parcel be included in the property for whic~ a change in zone i~as been ~'aquested the fact that the deed description ~os u~d h~s ap~ent- ly caused so~e confusion. i have, gherefore, drawn an a~ended !~h!bit "A" and I respectfully request that this be substituted for the ori~inal Exhibit ~'A" submitted with the application~ and that petitioner's application be amended accordingly. zI!.eZspectful~ours, WALTER OEOR(}E KAPP Attorney for PetltioneP 36 ~lmehr Court Nor~bp~rt~ N. Y. February 11~ 1963 Mr. Leeter Albertson, Su~ervisor ?o~n of Sou~.hol~, Ne~ York ~etiti~ of Ru~h Wells for Chan~e ef Zemi~ t~ Z~me for Bay View area in Dear Sir: I w~mld like to go on recor~ as opposi~ ~he s~t ~ml~g cham~e ~hic~ is rmqmeste~ by Batch Wells in 1abe B~y Vie~ aA-ea. As a resident of this area, feel t~t ~ shomld not permit these changes for the profitable ~enefit of one, at the c~t of depreeiati~ the entire amrr~m~dA~ a.~ea, am~ creati~ a condition w~lch could Beeeme hig~y uadeaJ, rable in the immediate future. ~t this time ,~,~d~ you clari~y one point thlt has cauzed c~as~erable concern to ~, ~ty, ~e pe~sslon which ~ ~t~ ~ you ~ ~1~ ~r. ~enneth Y~ to be pre~ent a~ ~ ~st meeti~ of the ~, I ~r- 8t~ ~$ he ~ rep~se~i~ a ~p e~ ~e 'Sou~old ~ Ra~n ~e~y I ~Uld like to go oa re. cord at this time, stating the follcaei~ which was part of the a~reement for tl~e Association above mentioned: SECOND: 'That if on or ~efore Nove~er 10, 1962, the A~sociation &hall have e~lled a minimmm of fourteen (14) members entmtle~ to a certificate of ber~hip as provided in the by-laws thereof - - -" FIFTH: "That in the event the Association is unable to enroll a minimum of fomz~een (14) member~ ~s ~pccif~d in paragraph "S~CO~D" above and within the ti~ae therein set forth, then this agreement sba~l be de~ ~ a~d v~i~ a~ the parties ~hereafter released of ~11 further liability thereunder." Om Deemmmber 21, 1962, nl 1 px~perty owners in Bs~y ~aven were ~:fozRed by letter from ~. ~enneth Young, "President~, that they h~l only enrolled twelve members to this association."";~ere. fore, T feel that ~.t this time there is no association, a~d that Mr. Ke~zueth Yo~g is ~t qualified, to represent and spe~k in behalf of the property owners of a non-e~istent as~ociation. Very truly yours, Robert Bettinardi Copy: Board of Appeals, Tc~n of Sou~hold Planni~ Board, To~n of Sout~old U "f H L D February d, 1_~3 As y:u all ~now, Ruth Wells has .made an application for a zonir~f to a "~" ([~ultlple) zone for appr~xl~f~tely 20 acres of the ~2 acre plot l~cated adjacent to ~y ~v~n on the west side. This has be~n submitted to the Pla~mlng ~2oard of 8outheld, wh~ In turn will ma~ their rcc~mmen~tions to the Town Boa~ cf ~outhold and they, in t~ri,, will, b~ the near f~ture, hold build one sto~y, colonial typ~ ~a~en apartments. We hav~ a sketch aZ :~ur hcose which shows w~% we ~ve ~n mind ~d w~ should De happy to show It to anyone who ~s th~ interest to see lt. It las come to ©ur attention that a great deal of misinformation, misconceptions and exaggerations, to put it mildly, have been fly- lng bac~ and forth. To give you a couple of ~mples l~t's take rlrst Mr. Edson's "~rlna". The followl:~ ls ~n exact copy cf the ~aollc n~;t!c~ wklch appeared in th~ MattltacK Watt.n. dated January 24, 1D6~: ~xceptlon in accordanc~ with th~ Z~nlng Ordinance, ~rtlc!e 2II, Sect[on 300, Para~jraph 3A fop permlsslzn to haprov~ and ~xpand a hOn-Co~nmerclal marh~ Ina sla~ bayvlew R~, Somth,~l~, N~w Yurt, b~ded north by ~yvi~w Ncaa, east by h. L. Haym]ei, south by Cor~y "h,.a~ereds~ of bcd. t6. r;~;coha, it has Leer throw;, bacJ{ pu:~ilc l',s. ,~d ~a may b~ 4~alh~ _,.~ vt!th s~;m~ facts and ~xl).~ah~ why %his .... lc age,~ ahct retired people who :.ant to ~et away ~.r.d live within a fixed expens~, and at thc same time ~ ~mmer peopl,~ ~vho c¢,~1~ rent and have use of an apsrt:nent for a ysar's time at practically the s~,mc the property on the ~mrKet at a r~al[stic price, list ..... ~ Y. C. and local brokers &Ii(t gamble on what ~,,r ,.~y~ ~ac whaZ they will ac with D~.~ve!op the property with houses h~ %he ~10.000 class with public re.as an~ b~ach, list with any bro~r who will the llstin~ from N. ~. C. out, and sell out in a y~ear~s z[me. Just to give you an idea of the typ~ of house that would s~ ~uilt, Oetween th~ prlc~ of thc lot, cost of s,~wa~e, w~il and impmov~mer~ts, plus broker's cor~ls~on, there would be approxl:~teiy ~5,000 l~ft for ~he it is >ur honest opinion that }fo. 1 is the acre logical solution. Just remember, 8©l~}iT~,If,~-~ Ol~e or tne other, must and will be done. Whl, ch alt,~rnatlv~ wou!n YOU prei,}r? ir you P~ve any other su~ges- pr.vat~., propert3, (omplet~iy ,2ivcrccd rrom ~y ~ven, purchased and pa_Ld Ior solely by us aha ~,htlP,,iy ;:~,lii.ahl,:d by us. N~tural~y you ars c~,~icerned ~,!tb wh~t happy, ns Z~, It, but uurelv vo~ (:an'~ f~l o[ ~ ~;r~rt~' ~j' %o ~ Ith.~i.~ss you are willing to ass,me Fe~. 11, 1963 PLANNING BOARD, SOUTHOLD, N. Y. We oppose the rezoning of the Bayview Area to Zone M. We are newcomers to Southold and the fact that the Bayview Area was a beautiful residential spot was the reason we bought our property there. We hope that you will not recommend re-zoning the Bayview Area for that reason. LAUGHING WATER PROPERTY OWNERS ASSN., INC. SrlUTHOLD, N. Y. February 11,1~63 Southold Town Board, ~out~ol~, ~ew York ~entlemen: A few weeks ago a notice appeared in the ~attituck Traveler, that the owners of Bay Haven Estates, William Wells, ~as applies for rezoning of part of his property. This appli- cation is being made for the purpose of errecting multiple dwellings. As the property in question is on the Corey Creek area aGJacent to the Laughing Water area, I wish to protest the granting of this request on behalf of ~he ~embers of the Laughing ~ater Property 0¥~ers Association. Respecti'ully submitted~ Alf~e~ ~ Bitz,pre~d~nt T-~e. p,~z, pos~ o[' zonirt for entire ~urpoae of z~,p~n~' Is fieiegted t' :!t ,?~zoio:~. January ~Sth, 1963 Mr. Albertson, T~wn Supervisor Zoning B~ard Southold, Long Island Dear Mr. Albertson: As a tax, yet in Soutncld, (Gin Lane, Bayview Estates) I am making this protest in ch~nglng the zcning code. I think it is unfiar and unjust to have a hearing at this time, when so many of u~ are not %here to attend the hearing. We bought our property ~:nd built a house in a private community(or so we thought) in good faith with the builder ~nd ~eveloper of the property ~nd now we find he w,nt~ to commercialize on land right next to ours. Is there no way ~ h~rd working, honest citizen can be protected fron dealings of this sort. I shall appreciate it very much if you and the whole board will seriously consider this protest and vote against it. (Mrs.) Very truly yours, Helen B. Pospisll 1 Fisher Drive Mount Ve~'non, N.Y. February 5, 1963 Mr. and Mrs. Arthur Jacdbson Bay Haven Southold, ~ew York Dear Mr. and Mrs. Jacobson: ,%ckno~ledgment is made of your letter o~ February 4, 1963 relative to the petition for a change of zone filed by Mrs. Ruth wells. This letter will be presented to the Planning Board at their next regular meeting on February 11, 1!~63. You state in your letter that you wall attend the Town Board Hearing on February 21st. ~%e Ruth wells petition has not been referred back to the Town Board by the Planning Board ~%erefore a hearing date has not been set. Yheze are three hearings on the 21st of February, ~e petition of Martin Charles Pfeffer at G~eenport; Wooclhollow Properties at Orient; and Amendments to the Building ~one Ordinance. Very truly yours, Judith T. Boken, Secretary Southold Town Planning Board _. =,7 ~ FF~ERK BDUTHDLD~ L. I,~ N, Y, January 9, 1963. Mr. John wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The Driginal petition of RUTH F. WELLS, of Southold, New York, rel- ative to change of zone from "A" Resident- ial and Agricultural District to "M" Mult- iple Residence District/~rtain property located at Bayview, Southold, N.Y. is in the files in the office of the Planning Board at Southold, New York. You are instructed to pre- pare an official report defining the condit- ions described in the petition and determine the area so effected with the recommendation of your Board. aWa/ r Very truly yours,~ Albert W. Richmond Town Clerk CASk? NO: ...................... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THF~ MATTER OF THE PETITION OF FOR A ChIANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTIIOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I ....... ~...U~.[ ~I... ~ ~...~J~.~ ~.S. ........................... residing at Southold (insert name of petitioner) Suffolk County, New York, the undersigned, am the o~vner of certain real property situated at .B..{~Y[~.~:~.kr.,... ~.q]c..t..t3.o..l..~.,.....N_t_..Y.'. and more particularly bounded and described as follows: See Exhibit "A" attached hereto and made a part hereof. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including ~he Building Zone Maps heretofore made a part thereof, as follows: By rezoning the southerly (southeasterly) portion of the premises as shown on the attached survey made by Otto ~. Van Tuyl & Son, Licensed Land Surveyors on June 27, 19~7, a copy of which said survey is petition, Residence. attached hereto, marked Exhibit "B" and made a part of this from "A" Residential and Agricultural to "Mn Multiple 3. Such requestis madeforthefollowingreasons: Petitioner believes that there is a need for garden type apartments in Southold Town and that the premises for which this change is requested is ideally located for such a purpose. The fact that there is another "M" zone within the immediate area and, in addition, there are also multiple dwelling non-conforming uses within the immediate area, is indicative of the fact that the requested rezoning will readily fit into the compre- hensive zoning plan of the Town of Southold. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) RUT}{ F. WELLS , BEING DULY SWORN, deposes and says that she is the petitioner in the within action; thak%he has read the foregoing Petition and knows the contents thereof; that the same is true to l~c(her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters she believes it to be true. Sworn to before me 19...6. a.' , ~XHIBIT "A" ALL that certain plot, piece or parcel of land, situate~ lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING at a point on the Main Bayview Road which is the point of inter- section of the easterly side of a privste road (which road leads southerly from said Main Bayview Road over lands now or formerly of Richard L. Hammel) with the southerly side of said Main Bay- view Road and which is the northwesterly corner of the land here- inafter described; running thence along the southerly side of Main Bayview Road the following three courses and distances: (1) South 4.9° %' 30" East 91.4-7 feet; (2) South 16° ~9' 10" East 389.09 feet; (3) South ~2° ~9' 30" East to the westerly boundary of a private lan~ and land now or formerly of Mary L. Dayton Estate still extending southerly along said Main Bayview Road a distance of 11~.~2 feet; thence along the westerly boundary of said private lane and land and the extension southerly of said westerly boundary thereof South 38° ~2' ~0" West 1899.63 feet to lands now or formerly of Mayer and Dickerson; thence along said lands the following two courses and distances: (1) North ~1° 17' 20" West 87.~0 feet; (2) South 38° [I.2' ~0" West 200 feet to a point on the ordinary high water line of Little Peoonic Bay; thence along the ordinary high water line of Little ?econic Bay North 6~° 16' 30" West %60.1~ feet to the easterly boundary of land ~ow or formerly of Giraud C. Campbell; thence Worth 37° ~8' 50" East along said land and private road 10~3.68 feet to a point; thence North 3h° ~3~ 10" West 3~ feet to Corey Creek; thence along the or~inary high water mark of Corey Creek on a tie line bear- ing North 38o ~7' East 2~0.~ feet to a point the easterly line of land now or formerly of Richard L. Harmmel; thence alon~ said land and the easterly line of the private road first above mentioned North ~,~6° 88' ~0" East 11~0.00 feet to the point or place of be- ginning. i z p Q f MA 1N J 49`06 130 E. .47 So' i6 eS �- 9� L oe 3e i 9D ^ s P-OAD 5.52 59 30� 115.42 xc� 6 jf 0 I - 71 m j to 0 � v - b b S J _ Y Q �n 4- 0 W to 0 y iU) 3 6 0 s til H� 3 q \ y 0 z m f j � Po spesil z 3 W Z o 2 N V 0 n34S IOW N 3 S 3 I 50 V r IVos+rand Wel Is - � Q � I D 0 da � � m u o soFey v - .r - 3 } Myles >• Q LT=I DGE WAY' 0 (PY\VQfa Yo[Id) y N Q co M [ Myles o � z J07.50 '6 N.SI IT'20` i I 6 3 0 i N b Y D 260OV� ora•,^� �GON � C, V MAP OF LAND SUQVE`(E0 Fop- RUTH ORRUTH F. 'WEl LS AT BA',ry i EW TOWN OF SOUTHOLD , N .Y. scale % oo '_ 1` AY"ect = 32.a cxcYes �j1,lolYgll+eeca to tNe. Title C>UG,1'G1Yt+e C- 4 -TY", :,+ COrrlpQk"q , � = FMgNU1Mer1"t.< as sUYveL)egl Stj"l -. Z'7, 191S'-7_ .i ri o+to W. Var, -TIAL) 1 �T- 801, a . a ' 1 Revised Jar,. 18, 1961. Licek-,sed Laho1 Surveyors Ti+ %c W \220363 . IjYEC"poY+� New YoY{c