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Norklun, Stacey
From:Neville, Elizabeth
Sent:Thursday, April 25, 2019 9:43 AM
To:Norklun, Stacey
Subject:FW: RQA Change of zone request
Attachments:LtrTownBdHearing2.DOC
Please place in “Application” folder of this C of Z. Both the e-mail and the
attachment.
Thanks
From: awickham@wbglawyers.com \[mailto:awickham@wbglawyers.com\]
Sent: Tuesday, April 23, 2019 3:49 PM
To: dickjordan@aol.com
Cc: Neville, Elizabeth
Subject: RQA Change of zone request
At your request, attached is my letter to the Town Board. Their meeting is at 4:30 today if you
plan to appear. The letter can be sent to the Town Clerk
at e.nelville@town.southold.ny.us before 4 p.m. today. I'm sorry I was unable to get this to
you earlier, as it is almost 4.
Gail Wickham
Wickham, Bressler & Geasa, P.C.
13015 Main Road P.O. Box 1424
Mattituck, New York 11952
631 298-8353
631 298-8565 (Fax)
awickham@wbglawyers.com
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1
ABIGAIL A. WICKHAM
465 Old Pasture Road
Cutchogue, NY 11935
631-298-8353
Fax 631-298-8565
awickham@wbglawyers.com
April 22, 2019
Southold Town Board
53095 Main Road, Post Office Box 1179
Southold, New York 11971
Re: RQA Properties, LLC Rezoning Application
Main Road NYS Rt 25 and Pequash Avenue, Cutchogue, NY
Ladies and Gentlemen:
I write this letter in opposition to the proposed rezoning request with mixed feelings,
given the respect I have for Rich Bosnyak and the manner in which he has operated his
business for many years. He has been a good gatekeeper and neighbor to this residential
neighborhood, and has operated an auto body shop, which could otherwise be a
disturbing eyesore and annoyance, very quietly and with an attractive outward
appearance. However, I learned from many municipal hearings over the years that it is
not about the property owner, it is about the property itself. This is not in any way an
appropriate location for a B zone for the reasons set forth below.
First, other than two non-conforming businesses, Dawson’s garage and the marina at
the end of the creek, this is the only business use in the Fleet’s Neck area
(Pequash/Stillwater). To rezone this property to “B” would allow the entry way to this
dense residential area, at what is already a very difficult intersection to navigate, to be
intensified in terms of traffic, noise, light and commercialism well beyond what is
currently operating. The uses a B zone would allow would include gas station or
convenience store or both, take out restaurant, retail store, and drinking establishment.
This goes far beyond the current usage.
Second, this potential for business expansion to a highly intense use would seriously
impair the residential character and calming effect of the area between the Cutchogue
hamlet business area and the King Kullen business area. It is located in a solid R-40, R-
80, AC block. Braun’s, also pre-existing, is a full block and a half east, and those of us
who have to navigate daily are forced to deal with that as part of the King Kullen traffic
issues. When added to the as-yet undeveloped large B Zone frontage currently occupied
by Peconic Bay Winery and the other business uses easterly to Cox Lane, this could
initiate a vastly extended commercial area through-out Cutchogue. Further, we have yet
to experience the traffic nightmare that Harvest Point promises to bring in Cutchogue.
Pequash Avenue will essentially become un-navigable to hundreds of homes. This is not
a reason to preclude development of business parcels, but it should give pause to creating
new or more intensive ones.
Third, the application is not in accordance with any plan the Town has considered, and
the applicant does have other options under the Code for relief to allow other business-
type uses that are not so intense as many of the B uses. The property is not in the Hamlet
Center designated by the stakeholders. The draft Comprehensive Plan proposes
strengthening the hamlet centers, but not sprawling them, and mentions a possible new
zone for non-residential uses along the major roads outside the hamlet centers. While I
do agree that the property should be allowed for uses beyond R-40, I believe the applicant
should have considered an application for RO at the most, or to employ the Code
provisions available to non-conforming uses, and perhaps to anticipate some relief
following the adoption of a comprehensive plan.
Finally, in speaking to people who live in Fleet’s Neck and some involved with the
Fleet’s Neck Property Owner’s Association, they were all very surprised to learn of the
potential consequences of this application and hence did not weigh in. The general
understanding was that Rich was asking for permission to continue what he has been
doing. The general public does not understand the nuances of pre-existing use provisions
and zoning (nor, I am the first to admit, do some of us in that area of the law).
Therefore, I respectfully request that the application for change of zone not be granted.
Thank you for your consideration.
Very truly yours,
Abigail A. Wickham
AAW/dm
Re/reeve/ltrplbdROrec
Cc: Southold Town Clerk, for public hearing record via email
William Duffy, Esq. Southold Town Atty via email
Michael Kimack, Esq. via email
Norklun, Stacey
From:Neville, Elizabeth
Sent:Thursday, April 25, 2019 9:46 AM
To:Norklun, Stacey
Subject:FW: Emailing: M Kimack Re RQA C f Z_20190410105639
Attachments:M Kimack Re RQA C f Z_20190410105639.pdf
Please place the e-mail in the folder, it is always important to also place this in the files. The letter is already there.
Thank you.
-----Original Message-----
From: Neville, Elizabeth
Sent: Wednesday, April 10, 2019 11:44 AM
To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim Dinizio; Standish, Lauren; Louisa
Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle;
William Ruland
Subject: Emailing: M Kimack Re RQA C f Z_20190410105639
Good Morning,
Attached, please find a follow-up letter received from Michael Kimack this morning relating to the RQA Property
Change of Zone application.
Elizabeth A. Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO
Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064
Your message is ready to be sent with the following file or link attachments:
M Kimack Re RQA C f Z_20190410105639
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1
Michael A smack RECEIVED
ATTORNEY AT LAW
P.O. Box 1047
Southold, N.Y.11971 A 111 1 0 2019
_...—m. Cell No 5...�.......�_� �-. �... .
..�._ _ 16-658-6807
Southold Town Clerk
E-mail: mkimack2@verizon.net
April 10, 2019
Re: Request to Change Zone f"rorn R-40 to General Business (B)
RQA Properties LLC, 29950 Main Road, Cutchogue
SCTM Na. 1000-1.02-03-01
To: Southold Town Board:
In my presentation before you on April 9 regarding the above referenced zone change request, I
did not elucidate on what I referred to as the "evolution' of a business.
'Tile existing brrsirless has operated successful) for
y many years at that location and has, I believe,
been a benefit to the community. The prior and future success of the particular business activity
on that site has been and will be the effort and skill of the current owner.
At some point in the future, as in all business ventures, a change of ownership will occur. Any
new owner would make the purchase subject to the given the R-40 limitation and the continued
operation of the present business approved activities.
Future success under a new owner operating the same business plan now in place, without his or
her ability to change the business plan under the General Business designation, may limit the
sustainability of the business as technology and competition imposes financial pressures.
The outcome may well be the decline of the present business's profits and inevitably, the
property. The possibility wouldbe the unsure fixture of operating tite present business model on
that site.
I believe it is in the best interest of the Town to give business proper-tries a reasonable :flexibility
to sustain and grow their business, and change the type of business they may offer the public as
economic and demographics change in the region.
I respectfully request your support for the proposed zone change can behalf of my client
Very truly yours,
Michael A. Kimack, Esq.
RECEIVE®
A al 3 109
Fleet's Neck Property Owners Association
P.O. Box 554 - Cutchogue, New York 11935 Southold 'Town Clerk
April 23,2019
To: Town Board of Southold, Town Clerk, Town Supervisor
Re: Opposition to Requested Rezoning Application on Behalf of Rich's Auto
The Fleet's Neck Community strongly opposes the application for a rezoning of
the property currently used by Rich's Auto Body at the corner of Pequash
Avenue and Main Road.
Our community had little notice of this request. This intersection is the main
outlet for 300 plus families who enjoy Fleet's Neck community. It appears that
only neighboring property owners were provided actual notice.
We now face ever increasing traffic on Main Road that will only be worsen by the
buildout of 124 condominiums at Harvest Point in Cutchogue. Many perceive little
is done by the Town to monitor Harvest Point's commitments for approval.
Construction vehicles regularly speed thru or onto Depot.
This application could have a more direct impact on us and our elected officials
need be aware of our concern. To allow a rezoning of this particular property is
guaranteed to make ingress or egress from Pequash a future nightmare. It will
only contribute to further damaging Cutchogue's visual character by
encouraging commercial building expansion rom the hamlet to King Kullen.
9lillhen a fire emergency vehicle or, more likely, a medical emergency vehicle has
to negotiate that intersection lives could be at risk if delayed. There has been no
good reason provided by the applicant to justify any such change.
Thank you for consideration of our Association's VERY SERIOUS position.
in erely,
Richard da 4
Senior Vice sident FNPOA