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HomeMy WebLinkAboutWoodhollow Properties - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ...WI~.~III~'I~tI~W..~.~I?~U..~II~.,. .................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a port thereof by chang- ing from ...~...~.~.~...~..~....~_.~..~.~.....~...... District to ...~....~.~_..1~..~..~. .................. ~'loultural District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in rela¢ion to said petition having been duly held by the Town Board on the ..... ~..~..~.......day of ..... ..~.~..~.~..!~. ....................... , 19~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is Dated.* Feb~'mar~ 27th 196J By Order of tho Southold Town AloFt ~. To~ Clo~ PUBLIC HEARING TOWN BOARD TOWN OF SOUTHOLD February 21, 1963 P re s e n t : LESTER M. ALBERTSON, Supervisor RALPH W. TU~ILL, Justice of the Peace HENRY A. CLARK, Justice of the Peace LOUIS M. DEMAREST, Councilman GRATHWO~tL, Councilman CORWIN C. ROBERT W. TASKER, ESQ., Town Attorney ALBERT. W. RICHMOND, Town Clerk WOODHOLLOW PROPERTIES, INC. SUPERVISOR ALBERTSON: I will open the hearing by reading the legal notice and the affidavit from the publisher° "LEGAL NOTICE, NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE. Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Gteenport, New York, in said town on the 21st day of February 1963, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. "2° By changing from "A" Residential and Agricultural District to "B" Business District the following described property: "All that certaintract or parcel of land situated at orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning at a monument at the intersection of the northerly line of the Main Road with the easterly line of a 75 foot private road known as "Plum Island Lane as shown on "Map of Orient-By-the- Sea, Section 1", filed in the Suffolk County Clerk's Office as Map ~2777; from said point of beginning running along said easterly line of "Plum Island Lane" N. lO02'20"E. 382.0 feet t o a monument on the southerly line of a 50 foot private road known as "Park View Lane"; thence along said southerly follows: (1) S.88°57'40"E. Northeasterly on a curve to the line of"Park View Lane" two courses as 289.79 feet to a monument; thence (2) left having a radius of 110.0 feet a distance of 96.99 feet to a monument; thence along Lot 5 as shown on said map, S.86°49'00"E. 156.27 feet to a monument and land of Ruth L. Young; thence along said land of Young, S.0°20'40"W. 428.72 feet to said northerly line of the Main Road; thence along said northerly line feet; thence (2) "Any person should appear at two courses as follows: S.88°55'40"W. 167.48 (1) N.86°13'30"W. 369.08 feet to the point of beginning. desiring to be heard on the proposed amendments the time and place above specified. "DATED: January 29, 1963. BY ORDER OF THE SOUTHOLD TOWN BOARD, ALBERT W. RICHMOND, TOWN CLERK." "STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: "F. Langton Corwin being duly Swo~ 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 o~week successively commencing on the eighth day of February 1963. /s/ Fo Langton Corwin. "Sworn to before me this 8th day of February 1963. /s/ Cornelia C. Keogh, ~otary Public." SUPERVISOR ALBERTSON: I will now read the report from the Planning Board. "Report to: Southold Town Board, Southold, New York, December 20, 1962, Gentlemen: "This is to certify that the following action was taken by the Southold Town Planning Board at their meeting of December 18, 1962: "In the matter of the petition of Woodhollow Properties, Inc., 3 Glen Lane, Glenwood Landing, New York, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain property situated at Orient, and more particularly bounded and described as follows: Beginning at a monument at the intersection of the northerly line of the Main Road with the easterly line of a 75 foot private road known as "Plum Island Lane" as shown on "Map of Orient-by-the-Sea, Section 1", filed in the Suffolk County Clerk's Office as map ~2777; from said point of beginning running along said easterly line of "Plum Island Lane", N.l°02'20"E. 382.0 feet to a monument on the southerly line of a 50 foot private road known as "Park View Lane"; thence along said southerly line of "Park View Lane" two courses as follows: (1) S.88°57'40" E. 289.79 feet to a monument; thence (2) northeasterly on a curve to the left having a radius of 110.0 feet a distance of 96.99 feet to a monument; thence along Lot 5 as shown on said map, S.86°49'00"E. 156.27 feet to a monument and land of Ruth L. Young; thence along said land of Young; S.0°20'40"W. 428°72 feet to said northerly line cf the Main Road; thence along said northerly line two courses as follows: (1) N.86° 13'30"W. 369.08 feet~ thence (2) S.88°55'40"W. 167.48 feet, to the point of beginning. It is hereby "RESOLVED that the Planning Board favorably recommends to the Town Board this change of zone from "A" Residential and Agricultural District to "B" Business District. "The Planning Board further recommends that the Town Board on its own motion include in this change the property of Young to the east. The property of Young will be the only remaining residential property between the proposed change and the business property of the Orient Point Inn if it is not included. "Very truly yours, /s/ John wickham, Chairman, Southold Town Planning Board." SUPERVISOR ALBERTSON: I have received some letters pertaining to this application for a change of zone and I will read them at this time. "Orient, N.Y., January 23rd, '63, Supervisor Lester B. Albertson, Greenport, L.I., Dear Let: "I am advised that Woodhollow Properties, Inc. are asking for a rezoning of a parcel of their property, so that they may build a restaurant on same ~ there is opposition to it. "My brother and I own a large tract of land not far distant, when subdivided, will consist of 80 or 90 building lots. This property is now for sale & if the buyer wishes to place a restaurant or motel on this property I feel the zoning board should grant the buyers that privilege. "Since may make on (woodhollow I am indirectly interested in any ruling the zoning board the property involved, I certainly think their request Properties Inc.) for a rezoning should be granted. If you refuse one petition you will have to refuse others. "As you well know the Point area is very much commercialized at the present time. I feel a good restaurant would be a great asset for the future development of all the surrounding area° People who have summer homes like to feel there is a good restaurant near by. 6 "You may use this letter for the record. /s/ "Sincerely your friend, B.D. Latham." "January 26, 1963, Orient, New York, Hon. Lester Mo Albertson Supervisor, Town of Southold, 16 South Street, Greenport, New ¥orko Dear Sir: I wish to advise you of my feelings relative to the proposed change of zone from Agricultural and Residential District to Business District of property situate on the north side of the Main Road at Orient Point. I am the owner of the farm land lying north and east of the residence of George L. Young, Jr., and therefore the western boundary line of my property is adjacent to a portion of the property under consideration for rezoning. "In my opinion the petition of woodhollow Properties, Inc., in requesting the change of zone to Business District should not be approved. Such a rezoning would definitely downgrade the entire area and greatly lessen any opportunity for future development of my land for the purpose of the construction of homes~ The farm land borders onRe north on Long Island Sound and should at some time provide sites for lovely homes. However, if the entrance to such land from the Main Road is framed by commercial buildings, it will be difficult if not almost impossible to ever develop the land for residential purposes° "There is already at Orient Point one restaurant which is housed in a building which is an Orient landmark, the Orient Point Inn. It does not seem to me that there is any need for another restaurant. Nor is there any need to allow any further commercial development at Orient Point. "i respectfully ask that you take my above thoughts under 7 "Yours very truly, "January 28, 1963, of Southold, consideration when this matter comes up before the Town Board° /s/ Ruth L. Young." Hon. Lester M. Albertson, Supervisor of the Town 16 South Street, Rezoning at Orient Point. Greenport, New York, Re: Proposed Southold "Dear Sir: I am advised that the/Town Board in the near future will consider rezoning from "A" Residential and Agricultural District to "B" Business District property on the north side of the Main Road at Orient Point. The property under consideration borders on the west boundary of my property. I strongly disapprove of the rezoning of this property. "In examining the Town records I find that on June 2, 1961, wood- hollow Properties, Inc. petitioned to have property on the south side of the Main Road, directly across from my property, rezoned from Residential to Business District. The reason given for the request was that they proposed to build a marina, motel and restaurant. A marina, of sorts, has been constructed on the property previously rezoned. However, no restaurant or motel has been constructed thereon. On December 11, 1962, woodhollow Properties, Inc. filed a further petition requesting the rezoning of property on the north side of the Main Road which is adjacent to my property. In this petition the reason for the rezoning is to ~onstruct a restaurant° If the petitioner past performance is any indication of their future activities, it is fair to assume that there possibly might not be a restaurant erected on the property now being considered. If the change of zone is granted, a use which may be more detrimental to surrounding property owners 8 than a restaurant could be erected on the property. Also if the present marina is any indication of the type of improvements the petitioner proposes to make on the instant property, the area certainly will be devaluated. The marina building consists of a few shacks pushed together. A fence was erected parallel to the Main Road a few months ago and said fence is already in a state of disrepair. I can only assume thatany improvements on the property now under consideration would fall into the same state of neglect. "I do not feel it is the object of the Southold Town Zoning Ordinance to allow a residential area to be gradually overrun with commercial enterprises by allowing rezoning to change the general makeup of the area. My home is on my property and other residences have been constructed in the area directly to the north of the property under consideration. The value of our properties will be greatly diminished by allowing the property adjacent to us to be used for business purposes. Orient Point with its beautiful beach front, if left as an "A" Residential and Agricultural District could develop into a fine residential district attracting both all year round and summer residents. But if the whole nature of the area is allowed to be commercialized, it will destroy any value the property may have for future residential development. "Thank you for your attention to this matter and I hope you will advise the Town Board to give the rejection of this proposed change of zone serious consideration° "YOurs very truly, /s/ George L. Young, Jr., Orient Point, New Yo~ 9 "February 21, 1963. We oppose any change in the present zoning laws regarding Orient Point. "Sincerely, /s/ A. Nelson Chapman, /s/ Mary Haldane Chapman. "Orient, L.I., N.Y." "Long Island State Park Commission, Belmont Lake State Park, Babylon, L.I., N.Y., February 19, 1963o "Town Board, Town of Southold, Office of the Supervisor, 16 South Street, Greenport, New York, Gentlemen: "We understand that you have before you for consideration, the proposed change of zoning from residential to business, for a parcel of land located opposite the entrance to Orient Beach State Park. "A change to Business would bring congestion, excessive traffic, drainage problems and marginal uses into this essentially residential area, with the inevitable signs and billboards. Th~esult will eventually effect the entire surrounding area° It will tend to decrease the value of residential property in the vicinity. "The highest possible zoning standards should be maintained on properties adjacent to Parks and Parkways and as a matter of intelligent and proper planning and zoning, we believe that this parcel should remain in a Residence zone. "We therefore urge your Board to reconsider this proposed zone change. "Sincerely, /s/ C. R. Blakelock, Executive Secretary." SUPERVISOR ALBERTSON: Is there anyone present who wishes to speak in favor of this proposed change of zone? GEORGE A. McMANN, JR.: I am an attorney from Greenport and I 10 appear on behalf of woodhollow Properties for this change of zone° This is an application made by Woodhollow in order that they may renovate the former Ed King homestead at Orient Point into a restaurant. We therefore requested that the area be changed from residential to business. We stated that the test to be applied on a request when an ordinance is valid is that of the public health, safety and general welfare and with reasonable consideration as to the character of the neighborhood and whether it is suitable to future uses. Let us talk about the local ~ es. Orient Point ~nn is there, as a hotel and restaurant; the ferry to Connecticut; the Plum Island installation; and the marina. If this change of zone and recommendation is accepted and changed on this parcel and east to include all the property from Orient-by-the-Sea to the Orient Point Inn it would be beneficial to the property values rather than detrimental for them. Mrs. Ruth Young said the farm land would not be suitable for residential purposes if this is made business. The first thing that would jump into my mind is the Sinuta farm what is near Porkey's Restaurant. I feel the Orient point Inn, Porkey's, SoundView, Mitchells all aid and strongly benefit the whole east end of Long Island and none detract. Porkey~s does not detract from the east, west, north or south of it. Mr. Young pointed out that previously Woodhollow did make an application on the south side of the street and Mr. Young says that the marina is there but the land is cluttered with shacks. There are now dredges on the property and a building is in the course of construction and the marina is being enlarged and the area is not now large enough to support a marina and restaurant. This application 11 for a restaurant has been moved to the north side of the street. It is remarkable that the Long Island Park Commission consented to a marina, hotel and restaurant on the property abutting the State Park. Now they find out that if you have a restaurant across the street it would be detrimental because of signs. No one can 3ust put up signs as they are tightly controlled. As far as traffic problems are concerned, no one restaurant at Orient Point is going to create a traffic problem any more than there presently is because of the ferry to Connecticut and Plum Island° Therefore I feel strongly a restaurant of this type will be of benefit to the area and instead of detrimental it will be beneficial from the point east, therefore ~ respectfully request that you qrant this application. Thank you. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak in favor? MR. B. D. LATHAM: You read my communication as to how we feelo We have our farm for sale and if anyone wishes a motel or restaurant on this property I think grant that request. If you deny this you will is commercial around it. Why should anyone oppose a restaurant being built? SUPERVISOR ALBERTSO N: Is (There was no response. ) SUPERVISOR ALBERTSON: Is in opposition? MRS. to buy it and place the zoning board should deny ours° The district there anyone else in favor? there anyone who wishes to speak MARGARET YOUNG ( MRS. GEORGE YOUNG, JR.): I speak on behalf 12 of my mother-in-law and husband. devaluing I think we are using different in terms of money but value of the Town. First, when Mr. McMann speaks of terms. We are not thinking It is too bad the approach to Greenport is so bad, but we don't want to have the only approach to Long Island from Connecticut destroyed. You certainly can't control the federal government but you have to draw the line for anything else. I should say also that the tractors and cranes did move in to work in the marina. Now the argument against another restaurant is obvious. There is the Orient Point Inn which cannot do a satisfactory business whida proves another restaurant is not required. The Inn is a landmark and is over 200 years old. We agree with the State Park Commission. The park is to allow the natural beauty of the countryside. The business zcn e would defeat the creation of the park. Our home is next to the property where they propose to build the restaurant. We think it is a poor idea to accept two petitions based on the same objective. They may not do that at all now. We feel that this should not be granted. MR. ORVILLE TERRY: I am a school teacher and live about a mile up the road and live on a farm. I think I base my opposition on the fact I want to keep the Orient Point section as it has been and as it is now. There have already been decided changes there. It is commercial down at the Point and there is no question about that° The Inn has been there and ferry line has been there for many years and Plum Island is close by. There is very little commercializing there and it is a residential area and should stay a residential area 13 and there is no reason for continuing the progress of business. It just doesn't make sense. If you have a hot dog stand should you let a Ford Motor business come in and build a factory? MR. IRVING LATHAM: I have a farm between two properties which have been sold for developments° One of my thoughts on this is if you start zoning residential area to business where is that going to stop~ I certainly would not want to be in a position where business is established next to my home. Also, we have, as said, enough restaurant facilities at Orient Point at the present time and our restaurants in Greenport are an asset and Woodhollow has not shown their buildings to be an asset to the area. Orient is primarily a residential area and the primary number of people who have homes come to Orient because they anticipate it staying in the residential area it is. The reason the people to the west of us bought that property is because they felt with zoning it would stay residential and not be a business area as the west end of the Island has been. SUPERVISOR ALBERTSON: Is there anyone else in opposition? MR. RAYMOND TABOR: I have a piece of property just about 200 feet west of this proposed change of zoning and it has a little influence in my request to you. Primarily I would like to see the area at Orient Point stay residential. It is unique. I am in a good position to hear stories saying how beautiful it is and I say their needs for food could be very well served in the existing establishments. SUPERVISOR ALBERTSON: MRS. FLORENCE TABOR: Is there anyone else? What kind of restaurant will this be? 14 SUPERVISOR ALBERTSD N: if this property MRS. TABOR: I do not believe they have said but is changed any kind would be allowed. ~f this is allowed how do we know there will not be a garage on that property and next to it a potato house or whatever? SUPERVISOR ALBERTSON: This we don't know. We won't know until the application for the building is made. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak in opposition? (There was no response.) SUPERVISOR ALBERTSON: Is there anything further? MR. GEORGE McMANN: There seems to be some consternation as to what woodhollow Properties has done when they carved in this marina. It takes time to make a working marina. It was done and it takes quite an expenditure of moneF. ~hey did not come into Orient to create some monster, they will make an expenditure in the area purchased of about $40,000 to $60,000 which was recently allowed by a local bank for the marina, and $30,000 to $35,000 will be spent on the King Homestead. They could spend a fortune overnight. SUPERVISOR ALBERTSON: Is there anyone else? MR. ORVILLE TERRY: I do not know the reasons for the Appeals Board giving approval of this because it just does not seem zoning has any reason at all if this is allowed. There should be an overall plan keeping residential area residential. MR. B. D. LATHAM: I think these people have talked against progress. You know as you are going traveling you look for a good motel and if you are going to buy property you are going to look for a good restaurant in the locality. As stated, our farm is for sale and I for one would like to see a good restaurant and motel and it would be a good asset to the Town. SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak either for or against? (There was no response.) SUPERVISOR ALBERTSON: Hearing none we will close the hearing for the further deliberation of the Board. January 26, 1963 Orient, New York Hon. Lester M. Albertson S~pervisor, Town of Southold 16 South Street Greenport, New York Dear Sir: I wish to advise you of my feelings relative to the proposed change of zone from Agricultural and Residential District to Busi- ness District of property situate on the north side of the Main Road at Orient Point. I am the owner of the farm land lying north and east of the residence of George L. Young, Jr., and therefore the western boundary line of my property is adjacent to a portion of the property under consideration for rezoning. In my opinion the petition of Woodhollow Properties, Inc., in requesting the change of zone to Business District should not be approved. Such a rezoning would definitely downgrade the entire area and greatly lessen any opportunity for future development of my land for the purpose of the construction of homes. The farm land borders on the north on Long Island Sound and should at some time provide sites for lovely homes. However, if the entrance to such land from the Main Road is framed by commercial buildings~ it will be difficult if not almost impossible to ever develop the land for residential purposes. There is already at Orient Point one restaurant which is housed in a building which is an Orient landmark, the Orient Point Inn. It does not seem to me that there is any need for another restaurant. Nor is there any need to allow any further commercial development at Orient Point. I respectfully ask that you take my above thoughts under con- sideration when this matter comes up before the Town Board. Yours very truly, Ruth L. Youn~ January 28, 1963 Hon. Lester M. Albertson Supervisor of the Town of Southold 16 South Street Greenport, New York Re: Proposed Rezoning at Orient Point Dear Sir: I am advised that the Southold Town Board in the near future will consider rezoning from "A" Residential and Agricultural District to "B" Business District property on the north side of the Main Road at Orient Point. The property under consideration borders on the west boundary of my property. I strongly disapprove of the rezoning of this property. In examining the Town records I find that on June 2, 1961, Woodhollow Properties, Inc. petitioned to have property on the south side of the Main Road, directly across from my property, rezoned from Residential to Business District. The reason given for the request was that they proposed to build a marina, motel and restaurant. A marina, of sorts, has been constructed on the property previously rezoned. However, no restaurant or motel has been constructed thereon. On December 11, 1962, Woodhollow Properties, Inc. filed a further petition requesting the rezoning of property on the north side of the Main Road which is adjacent to my property. In this petition the reason for the rezoning is to construct a restaurant. If the petitioners' past performance is any indication of their future activities, it is fair to assume that there possibly might not be a restaurant erected on the property now being considered. If the change of zone is granted, a use which may be more detrimental to surrounding property owners than a restaurant could be erected on the property. Also if the present marina is any indication of the type of improvements the petitioner proposes to make on the instant property, the area certainly will be devaluated. The marina building consists of a few shacks pushed together. A fence was erected parallel to the Main Road a few months ago and said fence is already in a state of disrepair. I can only assume that any improvements on the property now under consideration would fall into the same state of neglect. I do not: feel it is the object of the Southold Town Zoning Ordinance to allow a residential area to be gradually overrun with commercial enterprises by allowing rezoning to change the general makeup of the area. My home is on my property and other residences have been constructed in the area directly to the north of the property under consideration. The value of our properties will be greatly diminished by allowing the property adjacent to us to be used for business purposes. Orient Point with its beautiful beach front, if left as an "A" Residential and Agricultural Hon. Lester M. Albertson Page 2 - District could develop into a fine residential district attracting both all year round and summer residents. But if the whole nature of the area is allowed to be commercialized, it will destroy any value the property may have for future residential development. Thank you for your attention to this matter and I hope you will advise the Town Board to give the rejection of this proposed cha, nge of zone serious consideration. Yours very truly, George L. yo~ng,',Jr." Orient Point, New York February 21, 1963 We oppose any change in the present zoning laws re~rding Orient Point. Orient, L.i., N.Y. COMMISSIONERS John M. Schiff STATE OF NEW YORK LONG ISLAND STATE PARK COMMISSION SEIJ4ONT LAKE STATE PARK BABYLON, L. I., N. Y. February 19, 1963 Town Board Town of Southold Office of the Supervisor 16 South Street Greenport, New York Gentlemen: We understand that you have before you for consideration, the proposed change of zoning from residential to business, for a parcel of land located opposite the entrance to Orient Beach State Park. A change to Business would bring congestion, excessive traffic, drainage problems and marginal uses into this essentially residential area, with the inevitable signs and billboards. The result will eventually affect the entire surrounding area. It will tend to decrease the value of residen- tial property in the vicinity The highest possible zoning standards should be maintained on properties adjacent to Parks and Parkways and as a matter of intelligent and proper planning and zoning, we believe that this parcel should remain in a l~esidence zone. change. We therefore urge your Board to reconsider this proposed zone Sincerely, Executive Secretary CRB:SR F,~!bru ary 9, Long Island State Park 13abyiLon, New Yor~ Gentlemen: k',nclose~2 herewith is a copy of u leyal notice, ttem ~o. ~ of wlhich pertains to the aD~iication for a ch~n~e of zone fro.~u "~" Pesi,.~entJ.~,.1 an~ ?~gricultural Listrict to 'B:~ ~usJness £~istr~ct on hhe ?~ro~3erty of ~%oodhollow Properties, inc., Main Road, ~Jrien% Point, Ne%~ York. Since this property is %~i+.hin 500 feet of ~ta'~e Park Property at Orieut Point this ie~al notice is ~'nclosed for your info~tior. Veery truly~ours, John ~ic]~ham, Chairman Southol,-[ To~wn Plannin%~ I~GAL NOTICE NOTICE OF I-IlflA~I~IG Z~IN~ O~INANCE Put.nS ~ Section 2~ of She TOwn ~w ~nd Art~ie IX of She Bulling Zo~ Ordin~ce of the TO~ of ~u~old, Suffolk Coun- ty, New York, p~blie he~s will be ~ld by the Southold ~n Board ~t the off~oe of the Super- visor, 16 ~u~ ~reet, Green~rt,. ~New York, in s~d ~wn on the ~y ~f Fe~ary, 19~3, St 7:30 o'clock in the evening of s~d day, on the following p~sa~ amend ~e Building Zone O~- ~ce (~cl~d~g the B~ld~ Zone ~ps) of the Town of Southo]d. Suffolk County, New York. 1. By changing from "A" ~i- dential and Agric~tu~ District to "~" ~ul~le Residence D~trict the follow~ ~escribed property: ~1 tkat certain ~r~c$ or par- cel of land situated a5 Green- port, in the Town of ~old. Suffolk County, N~ York. and: more p~icu~ly bounded ,and ~scri~d as follows: Begi~ing a~ ~ point on ~he ~r~riy aide of Nor~ R~d ~Middle Road; where it is inter- s~ by the e~rly side of }~d now or formerly of C~ey Swain; ~ence ~ong l~t ~entioned land the follY- lng ~wo (2) courses ,and 'disr ~nc~:- L Nor~ 26°21'~'' West 125.87 feet: 2. Nor~ ~'~" West 568 feet $o ~e high water mark of ~ng ~l~d Sound: thence e~riy along said ~gh wa~ m~k ~o ~ ~t whe~ it Is ~rs~t~ by a tie li~ from ~e pr~l~ course hav~g a ~d ~ ~$ance of 16~ f~t; ~e~ South 26°0~'~'' ~sb 734.24 feet ~ the n~heriy mide of North Road (Middle ~); $hen~ along the no~heriy side of No~ ~oad (~d~e ~d) ~u~ ~0~'20" W~st 157.13 f~ ~ the ~t or place of ~n- 2. By ch~g~g f~m "A" ~- de~l ~d A~cul,tur~ ~t to "B" B~i~ Dlstric~ ~e fol- low~ d~d preper~: ~1 ~t ~tain ~ct ~ 9ar-1 eel of l~d sitaa~ at ~t,~ ~ ~e To~ of Sou~old, Suf- fo~ ~umty, N~ York, ~d STATE OF NEW YORK, COUNTY OF SUFFOLK, ~ ~ .......................................................... hemg duy S o says that ....~_0 .......... 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 ................................................ ~7:..~ .............................. weekk~ successively commencing on the ......... Sworn to before me this .._~_:...... 3. By amending the Southold Town Bufldin~ Zone Ordinance as ~ollows: ~. ~hat ~ 5~ of ~le V of ~e ~uil~ Z~ ~d~- ~ee Of ~e ~ ~ ~u~old be ~ ~ r~ ~ fo~: ~N ~ - In ~ "C" ~- d~ ~s~c~, ~1 bull~s and D~m~ ~y be ~ for ~ ~ ~t t~t ~e fol~- ~g ~ ~y ~ ~it~ o~y as a ~ ~ptlon by the ~ of Ap~. ~ ~i~f~r ~ fo~h: ~. By ~D~, A~lcle V. ~U~ ~ ~lv~ion 1 ~e B~ Zone ~d~nce to ~ ~ f~lows: I.-~ ~ By ~ffi~ ~ticle V, ~ ~, ~ion 17 of ~id ~ce ~ ~d ~ fol- 17. ~, off~ or de~ ,~ ~u~ion or d~ping. ~. ~ ~ ~le V, ~U~ ~, S~v~n 34 of ~id'~e to ~ ~ fol- ~. S~y~ or ~augh~r h~. A~ ~r~ d~i~ ~ ,~ ~rd more particularly botmded and. on the proposed amendments described aa follows: i sbould apIles~ ~t the time and Beginning at a monument at place above specified. th~ inteFsection of the mesh-~ DA'ivav: I;anuaa-y 29, 1,963. ~rly lithe of .the Main Road with the easterly line of a ~5 foot BY OItDE~ OP THE private road known as "Plum ~O~ ~OWN ]~OARD ~ Island Lane" as shown on "Map of orient-by(the-Sea, Section ' TOWN CLERK. ltF8 1", filed' in th~ Suffolk Count~ ~ Clerk's Office as map No. ~7~7 from said point of beginning ~running along said easterly line of "Plum Island Lane" N. 1°02' 20"E.-~82.0 feet to a monument ~n the southerly line of a 50 foot prl~te road known as "Park View Lane'; ~nee along said asutl~rly line of "Park View Lane" two courses as follows: (1) S.88°STd0"E.-28939 feet to a monument; ther~e (2) ~u~0h- easterly on ,a curve to the left having a radius of 110.0 feet a distance of 96.99 feet to a mOnu- ment; thence ~long Lot 5 as shown on said map, S.86°49'00'q~. 156.27 feet to a monument and land of Ruth L. young; thence along said laad of Young, S.0° 20'40'%V.-~2g.72 feet to said, northerly line of the Main Road; thence alon~ said northerly line %wo courses as follows: (1) N.86° 13~30'"~V.-369.08 feet; t~hence (2) S.8~°$5'4~'"~V.-167.48 feet to the~ point of beginning. , LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING OP/)INANCE Pursuant to Section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 21at day of February, 1963, at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, SuffoLk County, New York. 1. By changing from "A" Residential and Agricultural District to "M" Multiple Residence District the following described property: Ail that certain tract or parcel of land situated at Greenport, in the Town of Southold, Suffolk County. New York, and more particularly bounded and ~eacribed as follows: Beginning at a point on the northerly side of North Road (Middle Road) where it is intersected by the easterly side of land now or formerly of Carey SWainson; thence along said last mentioned land courses and distances:- 1. West 125.87 feet; 2. North the following two North 23°21'40'' 26~07'00'' west (2) 568 feet to the high water mark of Long Island Sound; thence easterly along said high water mark to a point where it is intersected by a tie line from the preceedtng course having a page 2 - Legal Notice b~aring of North 44'~00' East and a distance of 160 feet; thence South 26 07'00" East 734.24 feet to the northerly side of North Road (Middle Road)~ thence along the northerly side of ~orth Road (Middle Road) South 58'~48'20'~ West 157.13 feet to the point or place of beginning. District to "B" property= By cha~ging from "A" Resident/al and Agricultural Business District the follow~ described All that certain tract or parcel of land situated at Orient, in the Town of Southold, Su£folk County, New York, and more particularly bounded and described aa follows= Beginning at a monument at the intersection of t.he northerly line of ~he Main Road with the easterly line of a 75 foot private road known as "plum Island Lane" as shown on "Map of Orient- by-the-Sea, Section 1', filed in the Suffolk County Clerk's Office as map %2777; ~rom said point of beginning ru~n/~g along said easterly line of "plum Island Lane" N.l~02'20"E.- 382.0 feet to a monument on the southerly line of a 50 foot private road known as "Park View Lane"; thence along said southerly line of"Park View Lane" two courses as £ollows= (1) S.88~57'40"~.- 289.79 feet to a monumentl thence (2) Northeasterly on a curve to the left having a radius of 110.0 feet a distance of 96.99 feet to a mo~mentl thence along Lot 5 as shown on said map, S.86~49'00"E. 156,27 feet to a monument and land of Ruth L. ¥oungl thence along sald land of Young, $.0°20'40"w. - 428.72 feet to said northerly line of the Maln Ro&d; thence along said northerly line two courses as follows= (1) N.86~13']0"W.- ]69.08 feet; thence (2) S.88~55'40"W. - 167.48 feet to the point of 3. By amending the $outhold Town Building Zone Ordinance aa follows: I. That SecticYn 500 of Article V of the Building Zone Ordt/lance of the ~&c~-n of Southold be amended to read as follows: SECTION 500 - In the "C" Inc~us~rial Districts, all builcltr~ls and premises may be used for any use except that the following uses ma}, be permitted only as a special exception by the Board of Appeals, as hereinafter sat forth: II. By amending Article V, Section 500, Sub- division 1 of the Building Zone Ordinance to read as follows~ 1. - Abattoirs III. By amending Artlcle V, Section 500, Subdivision 17 of sald Ordinance to read as~follc~s: 17. Garbage, offal or dead an/male, reduction or dumping. IV. By amending ~rttcle V, Section 500, Sub- dlvtston 34 of said ordinance to read as follows~ 34. Stockyards or slaughter houses. Page 4 - Legal Notice Any person desiring to be heard on the proposed amen~aent8 should appear at the time and place above specified. DATED: January 29, 1963. BY ORDER OF TItE ~O~JTHOLD TO~N BOARD AL2~RT W. RICI~MOND, TOWN CLERK. PI~AS~ PUI~LI$I~ 0~CE, FEBRUARY 8, 1963, AND FORWAItD ~ (6) AFFIDAVITS OF P~BLICATI(H~ IMmeDIATELY TO ~ TO~N CLERK, MAIN I~oAD, $OI1THOLD, NEW YORK. Copies mailed to the following on January 30, 1963~ WOO~Ollo~ Properttaa. Southold Town Planning Board SOUTHOLD, L. I., N.Y. PLANNING BOARD MEMB~_RS John Wickh~m, Chairm~n Alfred Greige Archibald Youn9 William U nk¢lbach Report to: Southold Town Board Southold, New York December 20, 1962 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their meeting of December 18, 1962: In the matter of the petition of Woodhollow Properties, Inc., 3 Glen Lane, Glenwood Landing, New York, for a change of zone from "A' Residential and Agricultural District to "B" Business District on certain property situated at Orient, and more particularly bounded and described as follows: Beginning at a monument at the inter- section of the northerly line of the Main Road with the easterly line of a 75 foot private road known as "Plum Island Lane" as shown on "Map of Orient-by-the-Sea, Section 1", filed in the Suffolk County Clerk's Office as map ~2777; from said point of beginning running along said easterly line of "Plum Island Lane"t N.l°02'20"E. 382.0 feet to a monument on the southerly line of a 50 foot private road known as "Park View Lane"; thence along said southerly line of "Park View Lane" two courses as follows: (1) S. 88°57'40"E. 289.79 feet tD a monument; thence (2) northeasterly on a curve to the left having a radius of 110.0 feet a distance of 96.99 feet to a monument; thence along Lot 5 as shown on said map, S. 86°49'00"E. 156.27 feet to a monument and land of Ruth L. Young; thence along said land of Young; S. 0°20'40"W. 428.72 feet to said northerly line of the Main Road; thence along said northerly line two courses as follows: (1) N. 86° 13'30"W. 369.08 feet; thence (2) S. 88°55'40"W. 167.48 feet, to the point of beginning. It is hereby RESOLVED that the Planning Board favorably recommends to the Town Board this change of zone from "A" Residential and Agricultural District to "B" Business District. Page 2 - Report to: Southold Town Board The Planning Board further recommends that the Town Board on its own motion include in this change the property of Young to the east° The property of Young will be the only remaining residential property between the proposed change and the business property of the Orient Point Inn if it is not included° Very truly yours, John Wickham, Chairman Southold Town Planning Board ~OUTHDLD, L. I., N. Y. December 12, 1962. Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; The original petition of Woodhollow Properties, Inc., Orient, N.Y., relative to change of zone from "A" Res- idential and Agricultural District to "B" Business District on certain property sit- uated in Orient, N.Y. is in the files in the office of the Planning Board at South- old, 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. Very truly yours, Albert W. Richmond Town Clerk December 12~ 1962 Mr. George McMann~. ~r~ Main ~treet Greenport, L.I. Attorney Dear Eir$ Supervisor Albertson brought in a change of zone application from Woodhol]ow Properties from "A" to "B" businees~ Orient Point. Enclosed please find a recipt for the ~2~.00 f~e. This matter will come before the p]aN~ning Board~ Tuesday the loth of Dec~ber. Yours truly Building Ins~>ector CASE r40: ...................... STATE OF NEW YORK PETITION TOWN OF SO13TLIOLD IN THE MATTER OF THE PETITION OF W00DHOLLOW PROPERTIES~ INC. FOR A CHANGE, MODIFICATION OR AMENDMEI~T OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: Nassau (insert name of petitioner) :~u~l~tl~XCounty, New York, the undersigned, am the owner of certain real property situated at .o..r..:~,.e..n..~.~..T..o..wl3.._P.:~....S...o..~..~..h..q..1..d.... and more particularly bounded and described as follows: BEGINNING at a monument et the intersection of the northerly line of the Main Road with the easterly line of a 75 foot Private Road known as "Plum Island Lane" as shown on "Map of 0rient-by-the-Sea~ Section l"~ filed in the Suffolk County Clerk's office as map #2777; from said point of beginning running along said easterly line of "Plum Island Lane", N. 1° 02' 20" E. - 382.0 feet to a monument on the southerly line of a 50 foot Private Road known as "Park View Lane"; thence along said southerly line of "Park View Lane" two courses as follows: (1) S. 88° 57' ~,O" E. - 289.79 feet to a monument; thence (2) Northeasterly on a curve to the left having a radius of llO.O feet a distance of 96.99 feet to a monument; thence along Lot 5 as shown on said map, S. 86° ~9' 00" E. - 1~6.27 feet to a monument and land of Ruth L. Young; thence along said land of Young~ S. 0° 20' $0" W. - $28.72 feet to said northerly llne of the Main Road; thence along said northerly line two courses as follows: (1) N. 86° 13' 30" W. 369.08 feet; thence (2) S. 88° 55' 40,, W. -- 167.$8 feet to the point of beginning. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To change the above described premises from "A" Residential and Agricultural District to "B"' Business District. S~ch request is made for the following reasons: The petitioner wishes to construct and operate a restaurant on the ~bove described premises. These premises are in close proximity to other business property and petitioner believes that the proposal change in zone will not adversely affect surrounding properties. WOODHOLLOW PROPERTIES, INC. ~ . .) .......:> .......... ~. ...... - ........................ ~. ............ STATE OF i'Q'EW YORK, COUNTY OF SUFFOLK, GEORGE A. McMANN~ JR. , BEING DULY SWORN, deposes and says that ............. he is the/petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and be]icL and that as to those matters he believes it to be true. Sworn to before me this ... /. [.. .~. . day of ....D.~..c...e...m..b..~.~..~ .......... , 19....~. ....... ..... ......... ~I NotaTy Public. /