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HomeMy WebLinkAboutWoodhollow Properties - ... (2) WHEREAS, a petition was heretofore fi]ed with the Town Board of the Town of Southold by ..W.I~I~.-O.~...-~...~.~-~.-~..-~?' ..................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang~ lng from .~'..A~....R~...~.?....~....~'..~..?... District to ..~..B~...;~...~...~.. ......... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....~..~....~.. ........ day of ................ ~t~. ......................, 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 dOll~l~l~. Det~E~I AUgUI~ ].0~ X065. AJ. ber~ W. u*f~ '~ MINUTES TOWN BOARD JULY 13, 1965 P r e s e n t: SUPERVISOR LESTER M. ALBERTSON JUSTICE RALPH TUTHLL JUSTICE HENRY CLARK COUNCLLAMN HOWARD VALENT/NE COUNC3_LMAN LOUIS DEMAREST TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RICHMOND WOODHOLLOW PROPERTIES, INC. SUPERVISOR ALBERTSON: I will open the hearing on Woodhollow Properties, Inc., at this time by reading the legal notice. "LEGAL NOTICE, Pursuant to Section 265 of the Town Law and Article IX, of the Building ~one Ordinance of the Town of 8outhold, Suffolk County, New York, public hearing 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 13th day of July , 1965, at 7:30 o' clock in the evening of said day on the following propesal to amend the Building Zone Oral, lance (including the Building Zone Maps) of the Town of ~outhold, Suffolk County, New York. "1. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: "All that certain taact or parcel of land situated at Orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "PARCEL I - BEGINNING at the corner ~rmed by the intersection of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point of beginning; running thence easterly along the said southerly side of Park View Lane 289.79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along ~ said lastmmentioned curve having a radius of 110 feet a distance of 96.99 feet to the southerly side of lot 5 ~ on said map; thence along the said southerly side of lot 5, south 86 degrees 49 minutes East 156.27 feet to land now or formerly of Youngl thence along said last mentioned land south 0 degrees, 20 minutes, 40 seconds west 428.72 feet to the northerly side of Main Road (State); thence along the said northerly side of Main Road the following two courses and d~stances:lXNorth 86 degrees 13 minutes 30 seconds west 369,08 feet and (2) westerly 167.48 feet to the corner formed by the intersection of the said northerly side of Main Road and the said easterly side of Plum Island Lane and thence along the said easterly side of Plum Island Lane, north 1 degree 02 minutes 20 seconds east 382 feet to the corner of the aforesaid at the point or place of beginning. "PARCEL - II BEGINNING at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane, from said point of beginning running along said northerly line of the Main Road S. 88° 55' 40" W.-174.95 feet to land of Tabor; thence along said land of Tabor N. 1° 43' 00" W.-189.48 feet; shown on "Map of S~ction 2, Orient, by the County Clerk's Office, as Map ~3444, N. 0° thence along lot 51 as Sea", filed in the Suffolk 30' 50 " E.-202.96 feet to the southerly line of a proposed highway %o be known as Park View Lane; thence along said southerly line S. 88° 57' 40" E.-185.80 feet to said westerly line of Plum Island Lane; thence along said westerly line S. 1° 02' 20" W.-385.76 feet to the point of beginning, containing 1.6278 acres. SUPERVISOR ALBERTSON: There is an affidavit in the file indicating that publication was made of the legal notice. the recommendation of the Planning Board. "GENTLEMEN: This is to advise you that the will know read following action was taken by the Southold Town Planning Board at their regular meeting held on May 1t, 1965. "In the matter of the petition of Woodhollow Properties, Inc., for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property located at Orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: (legal description was not read again) "It is hereby RESOLVED that t~e Planning Board favorably recommends 4 to the Town Board the change of zone from "A" Residential and Ag~ultural District to "B-2" Business District on t~e property of Woodhollow Properties, Inc., as described above. "The Planning Board further recommends that the Town Board on its own motion include in this change the property of Young to the the east. The property of Young will be/only remaining residential property between the proposed change,~ and the ~usiness property of Orient Point Inn, if it is no included. "Respectfully submitted, John Wickham, Chairman, Southold Town Planning Board." Supervisor Albertson read the following letters: "June 15, 1965, Town Board, Southold, "As a property owner o~ Three Waters Lane, Orient by the Sea, I wish to enter an objection to the changing of the Building Zone Ordinance from "A" Residential to Business District, situated in Parcel I, Orient by the Sea. I bought my ~ home to retire and live not adjourned by business. "/s/ Elizabeth Levitt." "June 14, 1965, Town Board, Town of Southold, 16 South Street Greenport, New York. "Gentlemen, I respectfully request that the application for a change of zone by the Woodhollow Properties, Inc., pertaining to land owned by them on the north side of Route 25, near the Orient State Park Entrance, be refused. It would ~o~ be in the best interest of property owners in this area to have this change of zoning take place. "Sincerely, /s/ Peter E. Pappas." "Orient, New York, June 10, 1965, "The Southold Town Board, 16 South Street, Greenport, New York "Dear Sirs: It has been brought to our attention that Woo~ho~low 5 Properties, Inc. is again applying to the Town Board for a change of zone from "A" Residential and Agricultural to "B-2" Business District at Orient Point. "We wish to respectfully advise the Town Board that we are very much opposed to such a change of zone. We feel that Oreint Point is predominantly a residential and agricultural area and that our property values will decrease if this change of zone is allowed. "We urge the Town Board to keep Orient Point in the highest zoning district and to deny the application for a changeof zone. "Yours very truly, /s/ Irving C. Latham, Ida Belle Latham." "Long Island State Park Commission, Belmont Lake State Park, Babylon%~, Long ~sland, New York, June 2, 1965 "Town Board, Town of Southold, Office of the Supervisor, 16 South Street, Greenport, Nee York, "Gentlement We understand that a hearing will be held on June 17 on a proposed change of zone from residential to business, of land located opposite the entrance to Orient Beach State Park. o "A change to Business would bring congestion, traffic hazards, drainage problems, and marginal uses into this essentially residential area and with the inevitable signs, billboards and other commercial eyesores. The result will eventually affect the entire surrounding area. It will also 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 area should remain in a Residence zone. "We therefore urge your Board to reconsider this proposed mone change and keep this property in a residential classification. "sincerely, /s/ G. Frank Doutherty, C~unsel." 6 "Oysterponds Historical Society, Orient, New York, July 11, 1965 "Southold Town Board Southold, Long Island, New York "Dear Sirs: The purpose of the Oysterponds Historical Society is to help preserve the past, especially those traditions and values in Orient° To maintain its purpose, the Society is, in general, opposed to any downzoning which would be detrimental to these values. "At the recent Annual Meeting, the proposed change of zoning at Orient Point was discussed. It is not necessary in a brief letter to present in detail the historic and scenic character of Orient Point, which is well-kno~n and loved. However, the Oysterponds Historical Socidty would like to have recorded that it strongly opposes the change from residential to business zoning at Orient Point requested by Woodhollo~ and Associates, Inc. "Thank you for any consideration you give this letter, for we deeply wish that the dignity and beauty of our American hertiage be preserved. "Sincerely yours, s/s/ Beatrice E. Eastman, Secretary/" "July 12, 1965, Southold Town Board, 16 South Street, Greenport, New York, "Gentlemen: I am against the proposed change in the zoning laws at Orient Point at this t~une. "Sincerely yours, Edna L. Brown." SUPERVISOR ALBERTSON: At this time I will ask to here from those present in favor of this proposed change of mone. Is there anyone present who wishes to be heard in favor of this change? LEFFERTS P. EDSON:ESQ.: I have something Board. (Lefferts P. Edson, Esq. presented the statement to members of the Board and the for each member of the following prepared secretary.) -7- "SOUTHOLD TOEN BOARD, SUFFOLK COUNTY, NEW YORK "In the Matter of the Application of WOODHOLLOW PROPERTIES, INC. for re-zoning from "A" to "B-2" of ~ property at Plum Island Lane, Orient, New York. "An application for re-zoning in this matter was submitted to the proper authorities on December 14, 1964 and was numbered 131, receipt ~2694 was issued on that date acknowledging payment of the application fee. The original ~pplication requested a change from an "A" District use to a "B" ~ district use. Thereafter, the application was amended to change the request from "B" to "B-2" in view of subsequent changes made in the Southold Town Zoning Ordinance. advertised for a hearing to b+ad on June 17, 1965 applications for re-zoning. However, due to a publisher error in the description setting forth one of the distances as being 1174.95 feet instead of 174.95 feet, it was determined by the Town Board at the time that the hearing was to be had, that republication was necessary. Publication was again had, noticing ~ hearing to be held at 7:30 P.M., on July 13, 1965 at the office of the Supervisor, at which this application is the only one to be heard. "Your applicant herewith presents the following points to the Southold Town Board members to show that this application conforms with the land uses presently existing in the~mmediate vicinity, that The application was together with other the application can not be held to be that there is no other reasonable use a spot-zoning application, and to be ~xpected in the future for these premises other than that being applied for: '~. The uses presently existing from the end of Route 25 at the water westerly to the subject property number amoung them the following: -8- "1. Ferry and office. "2. Jiffy Restaurant. "3. Ferry Parking Area. "4. Orient Point Inn. "5. Plum Island parking area and Marina. "6. Plum Island receiving stating and warehouse. "7. Orient Point Marina. "8. Orient Beach State Park highway entrance "9. Real Estate Office. "10. Farm produce retail vending stands. "These uses occupy the whole of the southerly side of Route 25, as well as a the northerly side. your applicant feels easterly, westerly and substantial portion of In view of these numerous non residential uses that it is furthering the established mode of development in this community in the making of this application. "~. Your applicant is the developer of Sections I and II, Orient By The Sea, and wishes to bring to the atts~tion of the Southold Town Board that every conveyance that thas been made in either section has contained a statement giving complete and adequate notice of an intention to make this application. The verbatim statement set forth in each one of the said conveyances is as follows: " 'The Party of the second part is informed and hereby acknowledges notice that the party of the first part contemplates developing premises retained by the party of the first part and fronting on and along Main Road to a depth of not less than ~00 feet nor more than 400 feet for business uses and purposes, and the party of the second part, by the acceptance of the deed hereunder, ~Ovenants and agrees for themselves, their successors and assigns, that they have no objections thereto and waive any right of objection that may hereafter accrue by reason thereof, and further ~ ~venants and 9 agrees ~o execute and acknowledge any and all instruments deemed necessary by the party of the first part in furtherance of an to effectuate such development.' "~. Your applicant owns a residence located in the easterly part of the subject premises which it has held out for rent unsuccess- fully for more than the past year. Prospective lessees have stated to your applicant in discussion concerning a lease that the non- residential characteristics of the location was a determining factor in deciding not to lease. "~.Your applicant feels that the granting of thie application would result in the creation of needed service facilities for the use of local residents, services that are not now immediately available. The re- striction of this application to a "B-2" use, which provides for such service facilities, would eventually result in added conveniences to local residents. "Your applicant requests that the Southo~ Town Board take favorable action on this application for the reasons stated above which establish that the subject property, because of the groEth and development of the neighborhood, is no longer suited to residential use but is suited to business use reflecting the natural and inevitable extension of an existing area devoted to nonresidential purposes. "WOODHOLLOW PROPERTIES, INC, By: /s/ L.P. Edson, attorney "DATED: July 13, 1965" 10 LEFFERTS P. EDSON, ESQ.: I would ask the Board to disregard any comments dated before the publication for the second hearing. Woodho~lo~ Properties, Inc. has sold 48 lots in Section I and Section II. Each Qne of the 48 deed given to the customers has included this statement which is quoted verbatim in that paper. The intent set forth in that paper is that this change of zone is for the benefit of the people there. The growth and development of Orient Point and on Route I would think. The business to be developed further . have the proper services 25 west of Orient Point, is inevitable, uses that are presently there, also have The people that live in this area do not and facilities that they are entitled tOo This is the end of the road from New York, and there should be businesses here. The Orient Point Ferry and Mr. Papas~ Restaurant are in the interest of Orient P~int. The Plum Island Receiving station is more industrial in use than it is business° The various parking fields in the area are more industrial than business. These uses are in existence and for that reason the applicant feels that his application will benefit the area and be in complete harmony with the area. UNiDENtiFIED SPEAKER: He just wants to ~ make a bad situation worse. LEFFERTS Po EDSON, ESQ.: I would say that that is a fair statement. We are not applying for a businees use in an established residential area. The area is a business more business. The residenta services and facilities which area, and the applicant wishes to add of this area are entitled to have the they are now lacking. ~ 11 S~PERVISOR ALBERTSON: Anyone else wish to be heard in favor of this change of zone? EDWIN KING: I will speak in favor of it. We just voted to build a new school house. Somebody has got to pay for that school for our children. I have lived in Orient Point nearly 50 years. I have seen Orient Point §~e~w grow alot. (mr. King went into his history of working in Orient Point.) We have 350 employees on Plum Island. Mrs. Young w~r~ sold property to them for a parking field. We want to keep business in that area and we need it. I don't like to fight my neighbors, but I would like to see this change of zone. SUPERVISOR ALBERTSON: Anyone else wish to speak in favor of this change of zone? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition to this change of zone? MRS. MARGRET YOUNG: Mr. Supervisor, · would like to take one phrase from the letter from the State Park "intelligent and proper planning an~ zoning". The Town Board intends to use a mas~er plan for the Town of Southold. I think that an impDrtant situation like this, changing a whole area of the Town should wait on the Master Plan and then when the master plan does come through, we have a comprehensive plan of the way we want the town zoned. I would like to see the Town Board hold these large changes of zone until the Master Plan goes through. SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition to t~ change of zone? 12 ORVILLE TERRY: The Planning Board should prevent down zoning, but they go ahead a recommend a change ~ike this because they think that they have sufficient reason. I think if you examine the a~ arguments for this change, they don't hold very much water. Mr. Edson said that services are needed for these people.° The people that live there have gotten along without these services for a long time and don't need them now. Just because they can't go get a beer when they feel l~ke it, or go to a carnival when they feel like it. These are services that they don't need. As far as the argument about business districts already being there~ we have an area of scenic beauty and interest to everyone in Southold Town and New York State. It is part of our 325th Anniversary celebration because we feel it is an historic area. We don't want to have ann"honky tonk" down there. We can support our church and our school without tur~ing to them for support. I am opposed to this change of zone. opposition SUPERVISOR ALBERTSON:Anyone else wish to be heard in/~ave~ of this change of zone? LEFFERTS P. EDSON, ESQ.: I would just like to mention to this gentlemen that the Town of Southold has created three businesses zones. The original application we filed in December was for a "B" zone. This application we now make is for a "B-2" district, which is limited to what these people would consider a clean type of business. CONSTANCE TERRY: Once we have a "B-2" zone, what prevents it from going further? SUPERVISOR ALBERTSON: Hearing, such as we are having tonight. LEFFERTS P. EDSON; ESQ.: The "B-2" Business District provides for the highest type of business. MARY CHAPMAN: May I ask if this Board has ever gone from a "B" district to an "A" district? 13 RAYMOND TABOR: there is no reason area. SUPERVISOR ALBERTSON: Yes, once. (Supervisor then proceeded to read the permitted uses in the "B-2" Business District). SUPERVISOR ALBERTSON: Anyone else wish to be heard in opposition to this application? I would like to add my protest. I would say for a change to a business district in this MARY CHAPMAN: May I ask one more question? You said you had one change ~ from "B" to "A" district. Therefore, the greatest per centage of change of zones is for down zoning? SUPERVISOR ALBERT~ON: The bulk of the Town of Southold was in an "A" district at the time the Ordinamce was passed. Since then~ there has been the need to make changes. (Supervisor Albertson then explained to Mrs. Chapman how the original zoning board was set up, and that there was no longer a zoning board, there is now a planning board.) SUPERVISOR ALBERTSON: Anyone else wish to be heard? MRS. PRINCE: I hope I don't hurt the feelings of the people in Greenport, but the entrance to Greenport is pretty awful. Orient Point is a beautiful entrance to Long I~land. I feel this way as a resident of Orient. I don't think it is only sentiment, it is because of the beauty that everyone has enjoyed. IRVING LATHAM: I don't think that it is necessary to add any more business here at this time. SUPERVISOR ALBERTSON: Anyone else wish to be beard ~n opposition to this application? (There was no response.) SUPERVISOR ALBE~TSON: Anyone else wish to be heard in favor of this application? 14 EDWIN KING: the entranceeto Greenport not is/actually so beautiful. might say to Mrs. Prinee ..... she feels that is so awful, the entrance into Orient (there was a large voice of objection to Mr. Kin~'s last sentence.) MARY CHAPMAN: I would like to say, I envision say the year 1980, coming down and ~riving through Laurel and see~ix lane cement highway: and motels taking up the North Shore, so that you can't even see the water. And I see lovely lights like Sound Shore Motel has, and I think that would be glorious for people who like that type of thing, but the reat of us will just have to move out. SUPERVISOR ALBERTSON: Does anyone else wish to be heard one way or the other on this application? Mr. Edson do you wish to say anything further? LEFFERTS P. EDSON, ESQ.: I don't think I would like to make The statements contained in that paper are any further remarks. self evident. SUPERVISOR ALBEETSON: Anyone else wish to be heard one way or the other? NELSON CHAPMAN: I notice that two or three of the letters are from people who bought property in this area. LEFFERTS P. EDSON, ESQ.: May I point out that we have a handful of residents here, but hundre~who are not here. EDWIN KING: If Mr. Uhl had asked me to get some people out to talk in favor of this change, I could get so many people that you wouldn't be able to put them all in this room. SUPERVISOR ALBERTSON: Anyone else wish to be heard one way or the other? (There was no response) SUPERVISOR ALBERTSON: Hearing none, I will cleee the hearing at this time for the further deliberation of the Board. NOTICE OF I'IEAR~G ON g, MEND ZOiV/NG ORDINANCE T~ ~w ~d ~le ~d~n~ ~e tY, N~ York, ~M~ ~ ~fll ~ held ~ ~e ~u~ld To~ ~r, 16 ~uth S~t, G~rt, New y~k, In ~ ~ on the 13th ~y of ~uly, 19~. at 7:30 on ~ f~ ~r~ W ~ (~uding the B~ Zone ~) of the ~ of ~u~old, ~ffo~ ~ty, N~ Y~k: ~ d~ pr~: ~1 of land sl~ at ~ent, In the ~ of S~old, f~k ~, N~ York, ~d more t~ ~rn~ ~ed by ~e ~r P~ Vi~ ~ ~d er~ ~de of ~ Isled ~e ~ ~e ~d ~r~ ~e of ~e wes~r~ ~erly ~ of ~ ~ ~ ~ ~de of ~ntio~ ~e ~o~ ~e ~ ~u~rly sMe of~ ~ ~fo~er~ofYo~; ~enc , ~t ~rly side of ~ ~d (~); ~e~e ~o~ the ~ld ~r~ s~ of ~n ~d' the tan~: (!) No~h ~ ~s 13i ~the ~er ~ed by the ~rM ~de of PI~ ~d e~rly side of PI~ Isl~ the ~ a~o~ ~ the ~nt ~ p~e of p~ ~ -- Be~ at erly line ~ ~e w~rly Hne of PI~ 2~d ' erly line ~;-189.~ feet; the~e ~o~ the ~{~ ~u~ty Clerk's ~e w~ly ~e S. 1° 02 20 w. ~.~6 feet on the ~r~ ~e~e~tS shoed ~pe~ at ~e time STATE OF NEW YORK, ~ ss: COUNTY OF SUFFOLK, j ~.,....~¢~.~.~.,~.~.~.....~.~.-~.. ....... being duly S~vorn, says that ...... ~...... ms Printer and Pubhsher of the SU~ T, OLK 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 ................................................... ~ ............ weeks successively commencing on the .......... ~-.~ .................. ~a..~ 19~:i.. day of ............. Z ....................... -~ ' " if/'"' Sworn to before me this ....~_~_._c~...._. day of ~'~ .~..:.~. ..... 1 9.~;~.. CORNELIA C. KI[OGH NO ~ARy PUBEIC, State ~f New York No, ~2-2S93890 Qualified in Suffolk 8ounl¥ Yer, n ~xpires March 30, 196~ NOTZCE OF HE~RX~G 0N PROPOSAL ~0 AMEND ZONXNG O~tDI~CE Pursuant to Section 265 of the Town Law and Article IX, of the Building Zone Ordinance of the Town of Se%~ Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board at the Office of the Supervieor, 16 South Street, Greenport, New York, in said Town on the 13th day of July , 1965, at 7:30 o~clock in the evening of said day on the following proposal to amend the Building Zone Ordinance (including the Budding Zone Maps) of the Town of Southold, Suffolk County, New York. 1. By changing from "A" Residential and Agricultural District to "B-2" Business District the following described property: Ail that certain tract or parcel of land situated at Orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL I - B~NNING at the corner formed by the intersection of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point of beginning; running thence ~easterly along the said southerly side of Park View Lane 289.79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Wa~ers Lane; thence northeasterly along said last mentioned curve hav~mg a radius of 110 feet a distance of 96.99 feet to the southerly side of lot 5 on said map; thence along the said southerly side of lot 5, south 86 degrees 49 minutes East 156.27 feet to land r~w or formerly of Young; thence along said lastmentioned land south 0 degrees, 20 minutes, 40 seconds west 428.?2 feet to the northerly side of Main Road (State); thence along the said northerly side of Main Road the foll~wing two courses and distancea~ (1) North 86 degrees 13 minutes 30 secDnds west 369.08 feet and (2) westerly 167.48 feet to the corner formed by the intersection of the said northerly side of ~ Main Road,~the said easterly side of Plum Island Lane and thenc~'~long the said easterly side of Plum Island Lane, north 1 degree 02 minutes 20 seconds east 382 feet to the corner aforesaid at the point or place of beginning. PARCEL ~I - BE~INNIN~ at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane, from said point of beginning running along said northerly line of the Main Road S. 88° 55' 40" W.-174.95 feet to land of Tabor; thence along said land of Tabor N. iQ 43' 00" W.-189.48 feet; thence along lot 51 as shown on "Map of Section 2, Orient, by the Sea", filed ~n the Suffolk County Clerk's Office, as Map ~3444, N. 0Q 30~ 50" E.- 202.96 feet to the southerly line of a proposed highway to be known as Park View Lane~ t~ence along said southerly line S. 88" 57' 40" E.-185.80 feet to said westerly line of Plum Island Lane; thence along said westerly line S. 1~ 02' 20" W.-385.76 feet to the point of beginning, containing 1. 6278 acres. Any person desiring to be heard on the proposed amendment should a~;~ear at the t/me and place above specified. DATED z JUNE 25, 1965 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT Wo RICHMOND, TOW~ CLERK PLKASE PUBLISH ONCE, JULY 2, 1965, A~D FORWARD THREE (3) AFFIDAVITS OF PUBLICATION IMMEDIATELY TO TH~ TOWN CLERK,MAIN ROAD, SOUTHOLD, N~W YORK. * * * Cop~es mailed to the following on June 28, 1965: The Suffolk Times The Long Island Traveler-Mattituck Watchman Lefferts 9/ Edson, Esq., a/c Woodhollow Properties, Inc. SOUTHOLD TOWN BOD2~D SUFFOLK COUNTY, NEW YORK X In the Matter of the Application of WOODHOLLOW PROPERTIES, INC. for re-zoning from "A" to "B-2" of property at Plum Island Lane, Orient, New York X An application for re-zoning in this matter was submitted to the proper authorities on December 14, 1964 and was numbered 131, receipt $2694 was issued on that date acknowledging payment of the application fee. The original application requested a change from an "A" district ~se to a "B" district use. Thereafter the application was amended to change the request from "B" to "B-2'~ in view of subsequent changes made in the Southold Town Zoning ordinance. The application was advertised for a hearing to be had on June 17, 1965 together with other applications for re-zoning. However, due to a published error in the description setting forth one of the distances as being 1174.95 feet instead of 174.95 feet, it was determined by the Town Board at the time that the hearing was to be had, that republication was necessary. Publication was again had, noticing a hearing to be held at 7:30 P.M. on July 13, 1965 at the office of the Supervisor, at which this application is the only one to be heard. Your applicant herewith presents the following points to the Southold Town Board members to show that this application conforms with the land uses presently existing in the immediate vicinity, that the application can not be held to be a spot-zoning application, and that there is no other reasonable use to be expected in the future for these premises other than that being applied for: ~. The uses presently existing from the end of Route 25 at the water westerly to the subject property number among them the following: 1. Ferry and office. 2. Jiffy Restaurant. 3. Ferry parking area. 4. Orient Point Inn. 5. Plum Island parking area and Marina. 6. Plum Island receiving station and warehouse. 7. Orient Point Marina. 8. Orient Beach State Park highway entrance. 9. Real estate office. 10. Farm produce retail vending stands. These uses occupy the whole of the easterly, westerly and southerly sides of Route 25, as well as a substantial portion of the northerly side. In view of these numerous nonresidential uses your applicant feels that it is furthering the established mode of development in this community in the making of this application. ~. Your applicant is the developer of Sections I and II, Orient-By-The-Sea, and wishes to bring to the attention of the Southold Town Board that every conveyance that has been made in either section has contained a statement giving complete and ade- quate notice of an intention to make this application. statement set forth in each one of the said conveyances follows: The verbatim is as "~The party of the second part is informed and hereby acknowledgesinotice that the party of the first part contemplates developing premises re~ tained by the party of the first part and front- ing on and along Main Road to a depth of not less than 200 feet nor more than 400 feet for business uses and purposes, and the party of the second part, by the acceptance of the deed hereunder, covenants and agrees for themselves, their successors and assigns, that they have no objections thereto and~ waive any right of objection that may hereafter ac- crue by reason thereof, and further covenants an~~ agrees to execute and acknowledge any and all in- struments deemed necessary by the party of the first part in furtherance of and to effectuate such develop- ment." ~. Your applicant owns a residence located in the easterly part of the subject premises which it has held out for rent unsuccess- fully for more than the past year. Prospective lessees have stated to your applicant in discussion concerning a lease that the non- residential characteristics of the location was a determining factor in deciding not to lease. ~. Your applicant feels that the granting of this applica- tion would result in the creation of needed service facilities for the use of local residents, services that are not now immediately available. The restriction of this application to a "B-2" use, which provides for such service facilities, would eventually re- sult in added conveniences to local residents. Your applicant requests that the Southold Town Board take favorable action on this application for the reasons stated above which establish that the subject property, because of the growth and development of the neighborhood, is no longer suited to resi- dential use but is suited to business use reflecting the natural and inevitable extension of an existing area devoted to nonresidential purposes. DATED: July 13, 1965. ROPERTIES, INC. by: MRS. I))(iAR A. BROWN ORIENT, LONG ISLAND, NEW YORK at 0ri~ Point July Ii, 1965 Seuthold Town Board Southold, L. I. ~ew York Dear Sirs: The purpose of the Oysterponds Historical Society is to help preserve the past~ especially those traditions and values in Orisnt. To maintain its purpose, the Society is, in general, opposed to any downzoning which would be detrimental to these values. At the recent Annual Meeting, the proposed change of zoning at Orient Point was discussed. It is not necessery in a brief letter to present in detail the historic and scenic character of Orient Point, which is well-known and loved. However, the Oysterponds Historical Society would like to have recorded that it strongly opposes the change from residential to business zo~g at Orient Point requested by Woodhollow and Associates, Inc. Thank you for any consideration you give this letter, for we deeply wish that the dignity and beauty of our American heritage be preserved. Sincerely yours, Belfries E. Eastman Secretary ~ly 6, 1965 flelmont L-~q:e 8tare Par~ aabylon, Long ~sland New York ll?Ol A'Z'%~ G. Frardc Dougherty, Counsel Re, Change of zone at O=ient Dear M~. Doughorty~ I am in receipt of your letter of June 2, 1965, in regard to the ehange of zone on property at Orient, in the Town o~ $outhold. Please be advised ~%at the letter s~nt to you on June 28, 1965, should have stated tha~ a public hearing will be held on July 13, 1965, rather than June 17, 1965. Very sincerely, Albert W. Richmond Town Cler~ Tc~n of Southold FIFFI ERK SOUTHOLD, L. I., N. Y. June 28, 1965 RE: Notice of hearing on proposal to amend Zoning Ordinance TOWN OF SOUTHOLD Gentlemen: This is to acknowledge receipt of written LEGAL NOTICE of Hearing on proposal to amend Zoning Ordinance of the Town of Southold at a public hearing to be held by the Southold Town Board at the Office of the Supervisor, Lester M. Albertson, 16 South Street, Greenport, New York, in aaid Town on the 17th day of June, 1965. Very truly Albert W. Richmond Town Clerk Town of Southold /bd cc: Long Island State Park Commission Signature of Recipient Orient, New York June 10, 1965 The Southold Town Board 16 South Street Greenport, New York Dear Sirs: Il has been brought to our attention that Woodhollow Properties, Inc. is again applying to the Town ]Board for a change of zone from "A" Residential and Agricultural to "B-2" Business District at Orient Point. We wish to respectfully advise the Town Board that we are very much opposed to such a change of zone. We feel that Orient Point is pre- dominantly a residential and agricultural area and that our property values will decrease if this change of zone is allowed. We urge the Town Board to keep Orient Point in the highest zoning district and to deny the application for a change of zone. Irving C. Latham Ida Belie Latham COMMISSIONERS STATE OF NEW YORK LONG ISLAND STATE PARK COMMISSION BELMONT LAKE STATE PARK BABYLON, L. I., N.Y., 11702 Yune P,, 1955 Town Board Town of Southold Office of the Supervisor 16 South Street Greenpor% New York Gentlemen: We understand that a hearing will be held on June 17 on a proposed change of zoning from residential to business, of land located opposite the entrance to Orient Beach State Park. A change to Business would bring congestion, traffic hazards, drainage problems and marginal uses into this essentially residential area and with the inevitable sigms, billboards and other commercial eyesores. The result will eventually affect the entire surrounding area. It will also tend to decrease the value of residential property in the vicinity. The highest possible zoning standards should be maintained on prop- erties adjacent to Parks and Park~vays and as a matter of intelligent and proper plam~ing and zoning, we believe that fl:is area should remain in a Residence zone. We therefore urge your Board to reconsider this proposed zone change and keep this property in a residential classification. Sincerely, Counsel GFD:ms 1965 Notice of hearing on proposal to amend Zoning Ordinance GentZemen: This :LB tO acknowledge receipt of written L~aAL NOTI¢I of Hearing on proposal to amend ~-oning Ordinance of the Town of Southold at a public hearing to be held by the Southold To~n Board at the office of the Supervisor, Lester M. Albertson, 16 South Street, Greenport, Ne~ York, in said Town on the 17th day of June, 1965. Very truly yours, Albert W. Richmond Town jClerk /. ? . / cc: Long Island State Park Commission Signature of Recipient amend the Building ~me Ordlmu~o~ Nape) of ~h4 ~ of I~c~i*.~m~d, ~ ~ 52° 02' 10" ~t, 717.20 Mt to 513.03 b~ ~ m ~ ~t (1) ~ 560 57' 20~ ~t 28.~ X, 6278 Southold Town Planning Board E~OUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John "~"[cJchem, Chairman Henry Moba AJfred ~rebe Archlb~{d Y~un~ '~illiorn Unk¢lbach REPORT TO: Southold Town Board 16 South Street Greenport, New York May 13, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May i1, i965: In the matter of the petition of Woodhollow Properties, Inc., for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property located at Orient, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL I - BEGINNING at the corner formed by the intersection of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point ofbeginning;running thence easterly along the said southerly side of Park View Lane 289.79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along said last mentioned curve having a radius of 110 feet a distance of 96.99 feet to the southerly side of lot 5 on said map; thence along the said southerly side of lot 5, South 86 degrees 49 minutes East 156.27 feet to land now or formerly of Young; thence along said last mentioned land South 0 degrees 20 minutes 40 seconds West 428.72 feet to the northerly side of Main (State) Road; thence along the said northerly side of Main Road the following 2 courses and distances: (1) North 86 degrees 13 minutes 30 seconds West 369.08 feet and (2) Westerly 167.48 feet to the corner ~rmed by the intersection of the said northerly side of Main Road and the said easterly aide of Plum Island Lane and thence along the said easterly side of Plum Island Lane, North 1 degree 02 minutes 20 seconds East 382 feet to the corner aforesaid at the point or place of beginning. Report To: Southold Town Board -2- loodhollow Properties,Inc PARCEL II - BEGINNING at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane, from said point of beginning running along said northerly line of the Main Road S. 88° 55' 40" W.-174.95 feet to land of Tabor; thence along sakl land of Tabor N. 1° 43' 00" W.-189.48 feet; thmnce along Lot 51 as shown on "Map of Section 2, Orient by the Sea", filed in the Suffolk County Clerk's Office as Map %3444, N. 0° 30' 50" E.-202.96 feet to the southerly line of a proposed highway to be known as Park View Lane; thence along said southerly line S. 88° 57' 40" E.-185.80 feet to said westerly line of Plum Island Lane; thence along said westerly line S. 1° 02' 20" W.-385.76 feet to the point of beginning. It is hereby RESOLVED that the planning Board favorably recommends to the Town Board the change of zone from "A" Residential and Agricultural District to B~Business District on the property of Woodhollow Properties, Inc., as described above. 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. Respectfully submitted, ~t~ / ~ ,' Jo~h~n Wickham, Cha~ma~n Southold Town Planning Board bd SOUTHOLD, L. I., N. Y. April 28, 1965 Mr. John wickham Chairman, Planning Board Cutchogue, New York Dear Mr. wickham; The original petition of WOODHOLLOW PROPERTIES, INC., relative to change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain property at Orient, New York, is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board~ AWR/mr Very truly yours, Albert W. Richmond Town Clerk April 22, 196% Mr. Lefferts P. Edson, Attorney ~in St Southold, N.f. Dear Sir; I have received Sour letter of April 21st requesting a chanJein the application of Woodhollow Properteis from "B" to the new B-2 classification. I will enter this in the files and take the necessary steps to bring this to the attention of the proper peroons. Your~ truly Building Inspector LEFFERT$ PAINE ED$ON April 21, 1965 Mr. Howard Terry Southold Town Building Inspector Southold Town Clerk's Office Southold, New York Re: Re-Zoning Application of Woodhollow Properties, Inc. Dated December 14, 1964 Dear Mr. Terry: We submit herewith original and one carbon of a letter to be attached to our applica- tion for re-zoning dated December 14, 1964, to amend the said application by requesting that the said premises be zoned "B-2" instead of "B" as stated therein. This amendment is to clarify the application because of the changes in the ordi- nance adopted by the Southold Town Board on April 6, 1964 and in accordance with the provisions thereof. LPE/mhk Enc. 'J~rts p~. dson Southold Town Planning Board SFIUTHE]LD, L. I., N. Y. PLANNING BOARD MEMBERS John VZi¢l~hem, Chairman Idenry Molsa Alfred Glebe Aechibald Youn~ Report to: Southold TOWn Board 16 South Street Greenport, New York February 4, 1965 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a special meeting held on February 3, 1965: In the matter of the petition of Woodhollow Properties, Inc., for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property located at Orient, and more particularly bounded and described as follows: PARCEL I - Beginning at the corner formed by the intersection of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point of beginning; running thsnce easterly along the said southerly side of Park View Lane 289.79 feet to the westerly end of a curve to the left connecting the said southerly Side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along said last mentioned curve having a radius of 110 feet a distance 96.99 feet to the southerly side of lot 5 on said map; thence along the said southerly side of lot 5, South 86 degrees 49 minutes East 156.27 feet to land now or formerly of Young; thence along said lam~ mentioned land, South 0 degrees 20 minutes 40 seconds West 428.72 feet to the northerly side of Main (State) Road; thence along the said northerly side of Main Road, the following 2 courses and distances (1) North 86 degrees 13 minutes 30 seconds West 369.08 feet and (2) Westerly 167.48 feet to the corner formed by the intersection of the said northerly side of Main Road and the said easterly side of ~lum ~sland Lane and thence along the said easterly side of Plum Island Lane, North 1 degree 02 minutes 20 seconds, East 382 feet to the corner aforesaid at the point or place of beginning. Report to Sc t Town Board -2- PARCEL II - Beginning at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane, from said point of beginning running along said northerly line of the Main Road S. 88° 55' 40" W. 174.95 feet to land of Tabor; thence along said land of Tabor N. 1° 43' Q0" W.-189.48 feet; thence along Lot 51 as shown on "Map of Section 2, Orient-by-the-Sea", filed in ~e Suffolk County Clerk's Office as Map ~3444, N. 0° 30' 50" E.-202.96 feet to the southerly line of a proposed highway to be known as Park View Lane; thence along said southerly line S. 88057' 40" E.185.80 feet to said westerly line of Plum Island Lane;thence along said westerly line S. 1° 02' 20" W.-385.76 feet to the point of beginning. Containg 1.6278 acre° 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 remaing residential property between the proposed change and the business property of the Orient Point Inn if it is not included. Respectfully submitted, ~hn wickham, Chairman Southo~d Town Planning Board SOUTHOLD, L. I., N. Y. January 20, 1965 Mr. John Wickham Chairman, Planning Board Cutchogue, L.I.,N.Y. Dear Mr. wickham; The original petition of Woodhollows Properties, Inc. requesting a change of zone from "A" Residential and Agriculural District to "B" Business Dist- rict on certain property situated at Orient, Town of Southold, is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. AWR/mr Very truly yours, Albert W. Richmond Town Clerk LEFFERT~ PAINE EDSON January 7, 1965 Mr. Howard Terry Southold Town Building Inspector Southold Town Clerk's Office Southold, New York Re: Woodhollow Properties, Inc. Rezoning application Dear Howard: We return herewith the application in the above matter in which the description of parcel II is set forth as a metes and bounds description in accordance with the requirements of the board. For information a copy of Mr. Van Tuyl's description is also included in the papers. Will you kindly submit this to the board at the next meeting. Thank you very much. Lefferts P. t~'dson Enc. LPE/mmb OTTO W. VAN TUYL 8~ SON DES C [~ I PT I ON: E~e~{!nnlt ~ st et,,~ in ......... 1. of the noPthcrly ll~!e of the ~Is!n Road with the we :b fly line of Plum l?~ · 75 ~ ~ ~e~t to lmnd of Tabor; t}'enoe a!oPS ss!d lend of 'Pqbor N. 10 4°~ 00' W. 1,89.48 Feet; thence ' - ~1 ~n~ Lot 51'ss sltown on "Mf~p of Seotlo~ 2, Orler:t 73y the $es", flle~ ~r~ ~he S~ffrlk Ceunty Clerks O+'flee es Map ~ 3444, N.Oc ~0'50"E. zO~,.9o feet to the southerly ]1ne of ~ proposed h!ghw:~y ~o be ~{n~wn as,Park W}ew L~ne; thence alor. g said southerly line [8 J7 ~0 ~. - 18~.~0 feet ~o ~:~m we~erl~ -In~ of Plum Island Lsne; thcnce alc:~L~ sald westerly line S. 1° OZ~ 20"W. 385.76 f~ to ~he polnt of be~{h~,LnS. Comtsi}~t~g ~.6~,~ acres. VAN YUYL ,% SON To: L. P. 5outk~'ld, TEL. SFIUTHOLD 5-~660 TI3WN FIF SFIUTHFILD OFFICE OF BUILDIN~ INSPECTOR TnWN P. LERK'S OFFIOE SOUTHnLD, N. Y. December 24~ 1964 Mr. Lefferts P. Edson~ Main St Southold: N.Z. Attorney Dear Sir; Enclosed please find original and duplicate of Woodhollow properties Inc.~ application for change o~ zone from "A" district to "B" district~ Orient Point~ Orient~ N.~. Upon examination at the Town Board meeting last Tuesday the Town Attorney was dissatisfied with the description of parcel two on the application. He maintains this parcel is not oart of section two of "Orient by The ~ea"~ and should have a complete meets and bounds description. Upon receiving such a description and the a~plications I will a~ain take them to the next Town Board meeting - January ~th for their required action. Yours truly Building Inspector STATE OF NEW YORK PETITION TOWN OF SOUTYIOLD IN TI-IIL MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE O1~' THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTPIOLD: WOODHOLLOW PROPERTIES, INC., a stock corporation organized under and existing by virtue of the stock corpora~tio~ law of the State of New York, txa~;inq, its principal office at NO. 3 G~2en~'L;,~II~;~'"(~'elr,,qqo'd'~'.L,~n'din.c[';'..:New,~(~r~?~ng a~ ......................................................... ~nse~ name o~ petitioner)B~;: Le~ert§ P. Edson, Attorney , Southold, New York Suffolk County, New York/~the~u, nd~rsigned, ~~ of certai.n rea].]~ro~rt~ ~ituated at . ~er~er~s P. Edson, attorney zor wooeno±,ow Properties, Inc., owner, ....... QI;,J,.e.r~l;,...N...CW...Y.o.r.k . and more particularly bounded and described as follnw~ PARCEL I ALL that certain plot, piece or parcel of land, situate, lying and being at Orient Point, Town of Southold, County of Suffolk and State of New York, shown as a described parcel on "Map of Orient- by-the-Sea" Section One, and filed in the Office of the Clerk of the County of Suffolk on November 21, 1957 as Map No. 2777, which said described parcel is more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Park View Lane and the easterly side of Plum Island Lane and from said point of beginning; running thence easterly along the said southerly side of Park View Lane 289.79 feet to the westerly end of a curve to the left connecting the said southerly side of Park View Lane with the easterly side of Three Waters Lane; thence northeasterly along said last mentioned curve having a radius of 110 feet a distance of 96.99 feet to the southerly side of lot 5 on said map; thence along the said south- erly side of lot 5, South 86 degrees 49 minutes East 156.27 feet to land now or formerly of Young; thence along said last mentioned land, South 0 degrees 20 minutes 40 seconds West 428.72 feet to the northerly side of Main (State) Road; thence along the said northerly side of Main Road the following 2 courses and distances: (1) North 86 degrees 13 minutes 30 seconds West 369.08 feet and (2) westerly 167.48 feet to the corner formed by the intersection of the said northerly side of Main Road and the said easterly side of Plum Island Lane and thence along the said easterly side of Plum Island Lane, North 1 degree 02 minutes 20 seconds East 382 feet to the corner aforesaid at the point or place of BEGINNING. PARCEL II ALL that certain plot, piece or parcel of land, situate, lying and being at Orient Point, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the northerly line of the Main Road with the westerly line of Plum Island Lane, from said point of beginning running along said northerly line of the Main Road S. 88° 55' 40" W. 174.95 feet to land of Tabor; thence along said land of Tabor N. 1° 43' 00" W. 189.48 feet; thence along Lot 51 as shown on "Map of Section 2, Orient-by-the-Sea", filed in the Suffolk County Clerk's Office as Map ~3444, N. 0° 30' 50~' E. 202.96 feet to the southerly line of a proposed highway to be known as Park View Lane; thence along said southerly line S. 88° 57' 40" E. 185.80 feet to said westerly line of Plum Island Lane; thence along said westerly line S. 1° 02' 20" W. 385.76 feet to the point of BEGINNING. Containing 1.6278 acres. 3. Suchrequestis madeforthefollowingreasons: The undersigned corporation is the developer of Orient-by-the-Sea, Section One, Orient-by-the- Sea, Section Two, and the developer of the marina located southerly of the subject property herein. There is a pressing need for the creation of additional service facilities arising from the area growth brought about by the above developments and by developments of other corporations, the New London ferry and Plum Island per- sonel. The petitioner is of the opinion that the granting of this application would be consistent with the commercial use presently existing on both sides of Route 25 in this area and that the granting of this application would be in furtherance of this established trend. WOODHOLLOW PROPERTIES, INC. STATE OF NEW YORK, COUNTY OF SUFFOLK SS.: Lefferts P. Edson, being duly sworn, deposes and says that he is the attorney for Woodhollow Properties, Inc., the corporation named in the within petition; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except as to the mat- ters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. This verification is made by deponent because Woodhollow Properties, Inc. is a corporation_~.~~~ Sworn to before me, this / ~ day of December, 1964.