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HomeMy WebLinkAboutDoroski, Steve J. Amend #78 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..... m.~.~..&~,..~O~t- .......................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from .~.m...~L~..O..*....&..~... District to ..~.~...~.Jr.~.O~.~.~ ............. 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, o public hearing in relation to said petition having been duly held by the Town Board on the ...]LlJr,,h ....... day of ................ &I:)~-L~ ................... , 19.&~.., and due deliberation having been had thereon NOW, THEREFORE, I~E IT RESOLVED that the relief demanded in said petition be, and it hereby is Order of tho ~outhold ToMn Board Elated8 May 23, ~967. I££ec~Lve mo of ~un® ~, ~967 ALber~ #. P~o~lmond A~bert #'. I£oAoond May 23, 1967 Steve J. Doroski Midale H~,ad Dear Sir; of zone has been Enclosed~,-~lease. ~.~elnd no'tice that your ar)~licati.-,'", ap~,roved .';-, ' -~' 1967 , . .. -~ .... ...e~:iva on J~me 1st --hange~ '.~',o~d Lane north side ,of ~resent Planning Board ~,.~ this B" aw' o~...~..,r ideas that will be beyond. middle Road~ I meet~g on dis't,'" e :- ~ ..... have the --"'...:.~.~::~." -~?~.f-: o~ .. .... , ':~roposea new "'CR27" road which will be of ~our~ .... -~ ~. ~.-.:~-,'"," .~',~ ''~ ....... "' ~.. ~ ~-,~:~;....,~.:. ~.' ~ s~l~,'',-. . area, ~e new road ..... - ... , . . .. .. ~ --'- ~ " No th ~.~,..~_v~ ,::~ s.-~ t ou *"~ th.~'' next you may Yours truly r' [MFS. GREF~PORTo lq. Y. FRIDAY, MAY 19. 1967 -. ~~ ~ ~~Y ~I~, ~a~ ~~ 'a ~~c he~ing ~ld  p~~t ~ ~e r~~~n~ of law, ~e (i~u~.~ ~e i~ the ~ ~ ~~ol;d,' S~folK ~~y, New Y~rk~ w~ d~y ~~~ ~e S~~M ~~ ~~d held on ~ay 9, 1~7, ~ ~~~' 1. By denU~ and ~~ultural DM~~t ~ "B" ~~ ~t~~ ~e ~ol- lo~n.g .d~~~ ~~rty' ~ t~t ~a~ .trot, p~e or ~~ "of 1~ ~t~~, ty~ · ~n of ~,~old,' Co~ty of Suffolk, Sta~ of N~ Y~k, ~d ~re ~~~~ly ~~ ~d .~~r~~ ~ foll~s: s~uthe~er~ l~e o.f M~d (.OR 27), whi~ 2' .274[62 2~ n~~~~~ from ~e ~int of ink--ti.on of ~e South~,~ly 1~ of ~~e Ro~ ~ ~e-No~he.~rly line · of Ac.ke,rly Po~ ~,ne; .~.i~g ~..e ~d of the print '~" B:a~i.~~ D~trict line ~~,g ,~~t sam .~vth:e~~'ly Hne of Mi~e POnd La~e,' ~: 5~°' 45 ~ O0"-:-W. to the ~ee~e~t "Bi' .B:usln~SS :.DI~- ~ict li~e whi~-':'is 200 ~~ ~t~rly f~ t~ ~ore ~ent~ ~~t of in~~tion. of ~'~ .~d Acker~ Po~ ~e on ~~ ~~~erly. li.~ of ~k~~ ~~ ~; ~- ~g ~e ~~~rly ~ng She preset "~" ~~~ ~str~t li~. which M ~~el ~ ~d 200 f~.t dM~t f.r~ the ~u~- e~erly ~e of Midge ~ ~ a~~t w~ ~ ~e-~of ~e ~sent "~" b~~ ~rict.; ~~ ~~tBw~~~ along the ~~t "B" D~$~'t l~e N. 55° ~' 00" W. 2~ feet ~ ~he sou~- e~~rly l~e of ~~e ~, ~ ~e .~~t ~ p~ce of ~,gin- ~g. DA~' ~Y 9, '1967, , .. By ORD~ ~ T~ S~~~ TO~ BOARD ~~ W. _~C~OND, · O~ .~,E~ 1 tM19 being duly Sworn, P~inter and Publisher of the SUFFOLK ,ewspaper published ~t Greenport. in said notice, of whiTh the, ,annexed is ~ printed Shed in the said Suffolk Weekly Times ~'r ........ ~~Df-~-. ............. week~ cing on the .....~~./.~:~.~...~~..~. .... :.. ........ 19.~.L this . ./.r/..~.,. :.. , } ~ ......19~ f.. ! ................... .. ..... iMw Yerk, boLug duly ~~, ~yw that ho :Lw ~ ~ ~ of tvonty-oae he a££t~~1 & and .o~~tant~~t harmer, ~n a noat pubi~c place ~n the ?~ of Oouth.~.d0 ~folk Cmmty, New Southold Town Clerk Bulletin MARION A. RESENT NOTARY PU3LIC, Si~.'" c'[ ['"'~?w Yori< ~o. 52-3233120 Su;;-I~: Cout~ty [[_.erm Expires March 30,. 19._L_ held pursuant to the requ~'~nts of law, the Bu~ldAnq Zone O.~d~nance, (~nclu~Lng the BuAIdZng Zone Mapo of ..the Town of $outhold0 Suffolk Count~0 Hew York, was duly amended at & regular meeting of ~he Southold Town Board held on Ma~ 9, 1967, as £Ollowa~ i. By changing from "A" Resi.dontial and Agricultural D~$~r~ct ~o "B" Bus,ness D$o~rLct the follow~ng described Ail that cer~uin .~,r&ct. piece or. paroel of land s~tu&ted, iMing and be~ at Soutlxid, in the Town of southold, eount¥ of Suffolk, State of Hew York, and more particularlM bounded and described Beginning' at a point on the 8ou~easterly line of Middle Road (CR 27), whtch ts 274.6.2 feet north- easterlM fr~ the point o£ interaec~ion of the south- ea.terlM line o£ Middle Road and the northeasterly line o£ Ackerl~ Pond Lane~ said point being the end of the presem t 'B"~-::~Dlotrtct line along thet~:~Mart of M~ddle Road. Running thence nor'theasterl~ along said southeasterl~ line o£ Midd2e Road lt. 21' 28* 50" B. 78 ~eet ~o land o£ Donahue; runnin~ thence along land of Donahue $. 55° 52' 00" K.- 593.03 feet to land o£ Long Xaland Railroad, running thence northwesterly on an &rca long land of Long Xeland Railroad 327.33 feet the northea, sterl¥ l~ne of Ackerl¥ Pond Lane~ running thence northwesterly o£ AckeEl¥ Pond Lane, along the said northeasterly line if. 590 45' O0" ~. to ~-he prolent -2- Bus~n~-$ D~$~r~ct !~ne which ~s 200 £eet south easterly ,~?,-?:~.-- the before me. nti~ed point o£ inter- section of Middle Road and Ackerly Pond Lane on said northeasterly line o£ Ackerly Pond .Lane~ running thence, northeasterlM along the present *'B" Business Dtmt, xtct 11ne wht~ J.s ..,_. ,, ,' paz'&llel to and 200 feet. distant from the southe&sterl~ l~ne o£ Middle Road to & point which 18 the end o£ the present "B" thence northwesterl~ along the present "B" Dtstrlct 11ne lq. 55° 52' 00" W. 200 feet to the southeasterly line of Middle Road, to the point and place o£ beginning. l~TlgD~ MAY 9, 1967, BY ~n~ OF THB 8OUTHOLD TOWN BOARD ALB~T 'W. RICHMOHD, TOWiW CLBRK irL~ASE FtTALISH OHCI;, MAY 19, 1967, AHD Iq:IStWA/D ~OttR ~4) AFF~VZTS OF PUBLZCATZOM TO THE SOUTH~ TOWN CLBRK, ROAD, SOUTH--, NEW YGJ~. Copies mailed to the followlng~ The Su££olk Weekly Thneo The Long lsl&nd Traveler-Mattttuck Steve Doroek 1 Otto w. V&n Tull & Son SOUTHOLD TOWN BOARD Presen~ SUPBRV3CSOR LESTBIt M. AIjSBRTSON COUB~:Ei, MAH LOU]2$ DBMARBST JUSTlCB liBimY CIARK TOtQW ATTORHBY, ItOBKRT W. T2%S~ 2 SUPI~VIS~ ALBBRT80~: ! will open the meet~ at this thus by reading the legal notice of hearing.. "Pursuant to Section 26.5 of the Town Law and Art~clelK of ~%e Building Zone Ordinance of the Town of Southo!d, Suffolk County, New Yo~k, public hearings will be held bM the Sou ._tied Town Board in the Office of the Supervisor, 16 South Street, Greenport, ~ew York, in s&Ld Town on the 18.th dam of April, 1967, at 7:30 ' o' clock in the evening of said day on ~he £ollowinq proposals to amend the Building Zone Ordinanc. e~ (including the Building Zone Maps) of the '.Town of $outhold, Suffolk County, New York. ri. By .changing from "A" Residential and Agrieuitural District to "All that Oertain tract, piece or parcel of land situated at Southold, in the Town of Southold, County of Suffolk, and State of York, and more particularly bounded and described as follows, "Beginning at a monument on the easterly l~ne of Boisse&u Avenue, at the $outhvesterly corner of land of Barzac and the northwesterly corner of land of Barzac and the northwesterly corner of land of Cassidy~ from said point of beg'~nning running along said easterly line of Boisseau Avenue, North 2 degrees, 30 minutes i0 .seconds East 160 .0 feet ~ thence along said land of Barzac, two courses as follows, (1) south 81 degrees 55 minutes 40 seconds Bast - 391.31 feet~ thence (2) South 2 degrees 30 m~nutes 10 seconds west- 160.0 feet to said !and of Casaidy~ the;ned along said land North 81 degrees 55 m~nutes 40 seconds west,.- 391.31 feet to the point ox place of beg~n!ng. 3 "2. By eh~g~ng from "A" Residen~Aal and Agricul~ural D~strAc~ to "B'* Bus,ness D~str~ctthe £ollc~~ng described prope~~ "All that certa-~n tract, piece or parcel of land $~tuated, lying -and being at $outhold, ~n the Town o£ Southold, ¢ount~ state of New York, and more part~=ularly bounded and described as followsz "Beg~nt~-q at a l~0~nt on the southeasterly line of M~ddie Road (CB 27), which ts 274.62 feet northeasterly from the po~.nt of tnterseotLon .of ~ Southeasterly b~ne of Middle Road and the nor~-theasterl¥ lXneof Ackerly Pond Lane~ said point being the end of the present "B" Business along tha~ part of Middle Road. Running thence northeasterly along said southeasterly line of Middle Road N. 21° 28' 50" E. 78 feet to land of Donahue! running thence along land of Don&hue S. 55° 52' 00" E.- 593.03 feet to land of Long Island Railroad, runn~.ng thence north- weater!y on an are along land .of Long Island-Railroad 327.33 £ee't to .the northeasterly l~ne of Ackerly Pon Lane~ running thence northwesterly along the said northeasterly l~ne of Ackerly Pond Lane, N. 59° 45' 00" w. to the present "B' Business D~strict l~ne which ~$ 200 feet south- easterly from the before mentioned point of ~n~ersect~on of ~dd~ Road and Ackerly Pond Lane on said northeaster~l~ne of Ackerly Pond Lane ~ runnLng thence northeasterly along the present "B" Business D~str~ct l~ne which -~s parallel to and 200 feet distant from the south- easterly l~ne of M~ddle Road to a point whAoh ~s the end of the p~.esent 'B' Bua~nes8 D~str--~ct..~ the~e northwesterly along the present B-us~ness l~ne N. ~-.~55~ 52' .00" w.- 200 feet ko the southeasterly l~ne 4 of Middle Road, t~o the potn~ and place of beg:Lnn~ng. "Any person desi. r~ng to be heard on the above proposals should appear at ~he t~me and place aboue specified. "DATEDt March 21 ~ 1967, By Order of the Southold Town Board, Albert w. R~ohmond, Town Clerk." SUP~~IS0~ ~T~~~ ! have the affidavits of publication in the file. will no~ read the reommaen, dation of the Planning Board. "It was ~BOLVED that the Southold T~wn Plann!ng Board recommend favorably to the Sou. thold Town Board the change of zone from "A# Residential and Agricultural District to "B"-2" Business District on the e~~e described property. "The Board feels this is a reasonable request in view of the faot there ia business property adjoining the pro~rty in question, and bus- incas property across the street fro~ the property in question. The Board &leo points out there is a buffer str~p between this proposed change and the p~tato g~ading station. "Very sincerely, /s/ John wiokham, Chai~n, $outhold To~n Planning Board. SUP~RVXSO~ .L~ST~It ~,B]~itT~OII= Before we go!nrc the hearing ! would like to say that X have received letters ~rom MTs. Harry E. Schlachter, Mr. & ,Mrs. Roy C. Taplt. n, Clarence Salter, and Theodore J. Bucei, which in effect re.quest the remo~ai of the names from any petition, thay they may have signed. I have also a letter from Mr. & Mrs. Barzac which I will read. --5---- "TOWN BO~ TOWN OF $OUTHOLD, 16 South Street, ~reea port, New York February 27~ 1967. "Gentlemen ~ "We have th~$ date filed application No. 155 for a change in zone in connection with property lo~-ated on Boisseau Aven%e, Southold, New Yorl~ we presently own 12.28 acres ~n the afeared have made application to rezone approximately 1.4 acres of same from an "A" Res~dential and Agricultural Distr~t to a "B-2" Bus~ness D~str~ct for the purpose of erecting a building ~n which we intend to operate a beauty parlor. "It ~s our plan and desire that ~n the event our application ~s granted, that the balance of our property be restricted to those uses allo~ed in the "A" Residential and Agricultural D~s.tr~ct as ~t ts presently constituted ~n the Town Zcab~ng Ord~n&nce, and we hereby certlfythat in such an event the said property will be so restricted by the recording of the necessary deeds. "Respectfully yours, /s/ George A. Barzac, Jr., /$/ Liza Ba~z.ao." SUF~RVISO~ ALBEit~~t That ts the only co~sponden~.e ,T have had concerning thls hearing. At this time we would like to hear from anyone who ls in favor of this aha.nge of zone. KENNRTH SLOCUM, ES~..s ! was called into this oase by Walter ~. Kapp, who ls the attorney of record, because of a very serlous major surgt~al ope~ration-that he had° ! am substituting for him, but ]ir. Kapp is the attorney of record. ! have appeared, as you know, this Board many tlmes, and have always been present In opposition to a ds~ngrading of zonlng. This is the first time that ! have ever appeared before thls Board in favor of an appl~catton. that because X want you ~o know X am no~ appearing only because friend Jtr. lCupp asked me ~o. really don't understand why the ne~ght~r, in ~h~. parti~dl~ area have .ubh objections ko thi.o particular appl toa~ion. Aa you Just pointed out ~t is r~qht next to the C&msid~ operation, the rear end of the property we are asking for to be rezoned adjoins the Long Xs-land Railraod property. And X feel s implM that this would not hurt anyone of the present res dante ~n the ~t ~ Zone ~n ~hat area. Mow originally and befo~ X ever came ~nto this. case, the applicants, Ar. and ~trs. B&rzac, as you pointed out, had c~roulated a petikion w A~h some 20 names of people on Botsseau Avenue and in the vicinLty who sa~d they dad not object to the application. Since that time, for some reason, or another, and th~s is their privilege and own r~qht, but for some reason or another s.om~ of these people have requested that their names ~e w X~h~awn £Eom the petXtXon. will g~ve ~ou this petition and ! don't want to mislead the Board. I am certain they are all here tonight and will reg.~st~r their object,on to it. You read, Mr. Supervisor, letters from three or four who are withdrawing their names There are many more X am sure that have w~thdrawn their names. X am putting th~$ petLtion ~n only because there are some on here who have not. Between t~e time ]ir. Kapp took tht. applic..ation and this hearing, some of these people changed their -7' To get ~a~ to our own appliuation~ in add/tion to the letter0 Mr. Albertson, you read Xn whXch Mr-'. and Mrs. B&rzac have agreed to ~o whatever ~he Board aes lres w i~h ~he property by ~eed or ~ovenants on the renaining acreage, there '%~ill be =estrlctlve =ovenan~. ~hat ~h~$ reua~n~ng acre~g~ew~ll remain as the present zoning Law "A" ~.. Th.~$ of course we stand by. As far as th~s particular parcel parcel that we are ~ry~ng to get down graded £rom an "A" to "B-2", my .clle.nt was willing to gtve covenants on thls frmkly, far beyond anything that ~ would recommend. have n~i?~onegotiations by telephone w~th the attorney of =he Jor~ty of the oPl~S ~t~on. have given them assurance that we. would sz.¥ we would give restrictive convenants on thAs. part~cu&&r pare. el against any intoxicating liquors being sold on the .That would almost forbid the sale of this property to a ~elicateasen because they wouM not be able to. sell liquor, we got to the point where they sari we would have to withdraw number 9, retail stores and number 11 a bake shop. It went so far that we could only keep number 16, which is a uar~na, we go along w~th the statement that the Barzac'a made on It will remain residential any way the wants. We are applying for a "B-.2' Rezonlng uith no rest.ri~.tions whatever on this property. we have gone overboard trying to satisfy them, Mr. Supe~tsor and members of the Board. They want us to say that we will give covenants running ttth the land that this w tll be a bOS~ty parlor and nothing else. X can*t let any el tent go along with that. Suppose that the beauty parlor fails and he has restrictions that nothing l~t a beauty parlor could be operated there. From now on -8- tha~ proper~¥ ~ould 8~nd absolutely ~dle~ whether the Board w&n~$ to see It or not. have a b~ll and order for beauty parlor e.au~Faent w~th the ~ond~t~on in -th~8 order ~f ~t isn't rezpned he can*t build. ! will submit it in evidence if the Board wishes. ~e w~ll do whatever on the .~e.~"~.~:.~ning 12 acres of land, but on th~s l~articular parcel we are asking for a full "B-2" zoning. Thank you. Is there anyone else present who w~shes to speak in favor of this application ? ('~ere was no response. ) S u=ERVX$OR ALB.~TSOH~ Is there anyone p~e.sent who w~shes to speak ~n o~posi2inon to this a~pl -~cat~onf/ JOHN McNULT'Y, ESO. ~ ~ am appearing here for the neAghborh and ~n opposition to the application. Mr. Supervisor, the neighbors have n.o objection to the beauty parl~ but they do have to cea. tarn uses in the "B-2" Zone. I ask that the Board take notice of the previous application that 'was made in N°Vember. 1965. At that time, Mr-. supervisor, an applfcation was made to change from "A" Resfdentfal and Agr~uultural to "B" Business DistriCt and Mr. Rensse!aer Terry represented the applicants, Mr. & Mrs. The P1 anning Board, on December 16, 1965, recommended dlsapproval of that applietation because as they stated tb-e type of business the applf~.ant proposes would be unsatisfactory in th~8 ~arti.uul&r neighborhood, due to the use of the adjoining ~ ~roperty which is a potato grading stat.ion. T~ potato grading station, the no,se, dust, d~rt, and trailer trucks, backing in and out a]~i contribute to making th~s an unsat~sfa~-.tory loc. at,on for the type of business proposed. -9- JGi~ ~TY, ESQ., At the hearing on January 14, 196t, Mr. Supervisor,you asked Mrs Terry at ~hat ~ime why are you asking for a "B' Zone, why not a "B-l" Zone. At that t~mo the "B-2" ~one had been ~reated. Mr. Terry said there was no provisions in .the Zone for a beauty parlor. It states a barber shop, but not a beauty parlor. On page s~x of the minu~es Hr. Terry stated that the applicant would be perfectly willing to leave it as a residential zone as long u he can operate a beauty parlor. M~. Delaney appeared at that thus and stated that he was opposed to the application because of the uses that could be permitted under the change. You stated at that thne, Mr. Supe~lsor, that you have to decide whether or not th%o ~s the r~ght place for bus%ness to be est&bi%shed. The results of that hearing on January 14, 1966, the appl~c'at~on was den~ed. It was our contention that Mx. Terry amended the petition to include "B" or "B-2*', whether that appl4cat.~on was denied is something for this Board to dec ~de. The neighbors had no obJectAon to a Beauty Parlor. Mr. $1ocum and X spent many phone calls dXscussZon thZs matter and we almost came to an agreement. The neighbors are opposed to certain things there. There ~s 1.4 acres, this ~s suffAclent acreage to po~~t & shopping center. Th~$ the neighbors would be opposed to. been made of the fact that th~s could be creating a buffer zone. Mush was made of this on the previous application, we are 818o opposed to a club house. At present there is a house that has been colverted ~nto & club house. .The people play bacchus behind the club house. The people who avail themselves are qu~te and respectable, and they £~nd nothing obJect~onal. In the Marah 5th -10- e.d~~on of the Long Xsland Traveler~ there was an arC,els ~ha~ s~a~ed that thXs olub had reach a membership of 80 members and had obtaXned 40~G of their building funds. The neighbors feel that it is quite possible that- a large club coul~ be erected here. we would oppose large club house devoted to wodd~ngs, banquets and so forth. Xt ~s to th~s use the neighbors object. ! mus~ say Mr. Slocmm advised me that the appl~c&nt d~d not have any ~ntentAon of erecting a large club house with these £a~ilities. this application is granted and the property is down zone this will certainly adversely affe~-t There are may of the neighbors that are here, Mr. Supervisor, ~hat are ready and willing to answer any quest~nns that ~he Board may put to them. They feel that they 'have a ~leasant residential street. Mr. & Mrs. Barzac reside on the street and have a very nice home. Xt is one th~ng to have your own bus,ness next door, and another to have someone else' $ business next door. It was u-~ .~-,-.%-~ un£ortunate that we could not get together on this, we were ac close to an agreement. BUPBRVXSOR ALBERTSONz We are not here to ask questions. At this time is there anyone else present who wishes to q~eak against this change of zone? TH~O~ BU~:CX~ X8 a beauty parlor going to go in there? There is 150 feet ~here you could put in five stores, or is it going to be Just one. Is this going to be a shopping center? This~$ what we just want toknow ? SUPBRVXfJOR AIJBRTSON~ You are asking me ? THBGRIK)RB BUCCX, X am asking somebody. Maybe Hr. $1Ocum oan answer. -11- each hearing, when we change a zone we change the property and we can*t make any stipulation on any particular property. Anyone of the uses that are permitted ~n the B-2 zone can be done here if the owner at that t.~ue wishes to do it. There are certain and cover the entire area. Have to provide parking for' customers as well as the employees. I don*t think .you could ~ut five st-o~es in here. ~B BUCCX: Xt ~8 1S0 running feet. X don't think this building is more than 30 feet. You could ailed, that many stores ~n there. SUPERVISOR ALBBRTSOMt Maybe Mr. $1ocum would l~ke to rebut on '.this. F~~.~TH $~,E,S~. ~ ! am Just wonder,n9 to save everybody, s t~ne, let the rest of the people opposing speak and thaA I could SUPERVISOR ~~n_a~_~TSO~t That ~$ a good khouqhk. Xs there anyone else who wishes ~o speak against thio change of zone? ~OHN MC~TY, BSa. ~ X world ! ~k~~..~'to say one thing. You $&id that the Board dOuld not impose condXt~on8. The Court of Appeals in the. case of the Church against Xsltp, which was a Suffolk County Matter, stated the Board could ~mpoae conditions. In that case the Court of Appeals stated that if it is legal to _change a particular piece of property .to permit say 40 uses, it ia Just as legal for the Board to say we will restrict to 20 uses or 10 uses....*** -12- BUP~ZBO~ AX.Bi~T~Olfs Or one uae? one use. · o one can complain abou~ ~h,e Board res~rtc~ing th~. X~ is w A~hin ~he Board*e power to ]~t on r'eatric~lone, and at any time ~he Board and ~he owner can annull sE modAf¥ ~he ~ee~r~c~Aons. You are no~ bound ~o give all, Mou ~an give ooze. S~~RRVXSOR A~~n~T80~, Xa ~hege anyone else presen~ who wishes to epea~ agains~ ~h~s ap~l~ca~inn? jACK ~Y, Mr. Slocum men, Ached ~ha~ He didn* ~ understand whM ~here was object~on. X believe that was made clear to Mr. Xapp before he went Xnto the h.ospXtal. There is obJecti~ only be~aus.e of doubt in people's mind about the situation or proposal for a club on the property. At that time my .understandlnq was, Mr. Kapp said that there would be no covenants on this piece of property. He further s.tated that they would go along to restrict the parcel........ ~GHH M~~~,B~., He said they would not mestrict the p&roei for which ~he application was ma~. SUPBRVXSOR ~BRTSOM-8 X ~ink ~hat is what Mr. Delaney is saying. jACK ~Yf They would not ~put any covenants on thls property at this time. The question comes up, if he wants a beauty parlor why won't they consent to covenants at this time. SUPBRVXSOR ALBBRTSGH, Xo ~ere anyone else who wishes to be heard in opposition to this change? (There was no respon.~. ) SUP/RVXSOR ALBaRTS~t ~. there anyone else in favor of thio change? thing Mr. MeNulty a&Xd. X don't think the Board can conside~ &nythXng Mr..Terry m&Xd at the original hearing that ~as amending the a~pIXcatXm to a "B-1" or "B-2". You have to oons:Lder the application that before you at the present time, £Xled by Mir. Kapp. Both Hr. Kapp and Mr. Terry thought this would be a sort of. buffer zone and indicated that. we have stated that we will give on ~he remaining '12 acres that will remain as an "A" zone. There°is more ttxan 325 feet on Boisse.au Avenue to the nearest residence and t~e nearest residence 2s that of Mr. & Mrs. Bax-zac, and this la their own pzoperty. Xn answer to your question as to what we would put on there and in answer to Mr. Alc. Nul~y*s lecture to the Board on the Court of Appeala,~ that is all out the window. X have had negotXehXons with Air. Mc~ulty on behalf o.f my* own clXenk and s'&Xd we world give a deed and restrictions on th?. remaining proper~¥. we are applying for a full "B-2" rezone. SUPBRVXSOR AI~ERTSCi~ Anyone wish to be heard on way or the other? JOHN ~NULTY, ESO. ~ Xn response to my lecture to the Boardf wh~le the neighbors have negc~Lated ba~k and forth, still does not preclude this Board from ~JUlM8 .:Lng condXl::Lonl. This Board can state that we can have th~s use or that use, or another use. It would be valid for you to do so. KEBMB.TH SLC~UM~BSQ. ~ I am fam~l:La2: with the case Mr. McNuity has given you. It is Church vs XsXXp. Your own Town attorney .'ia here and X kno~ that he ts familiar with its He speaks of the Court of Appeals. They only turned down another appeal from the appellalMb Division. Xt is no law. X am here under the Zoning Use. -14- SUPBitVXSOR ~TSONL Xs thsre anyone else who wi.abes ~o. be heard one way or the other on th~s applicatAnn fox a change of zone? ('There was no ~esponoeo ) SUPERVISOR ALBBRTSOif~ Hear -~ng none, 1 wtll close the hearAng at this t~ne for the furthtr deliberation of the Board. SUPERVISOR ALBBRTSOiIt ! w~ll open the second hearing at th~s t~me. ! have already read the legal not,ce. There is an &ff~davLt of pbbl-~c, at~on ~n the f~le. will now read the reconnendat~on of the Planning Board~ "At a regul~ meeting of the Southold Town Plan~tng Board held on March 7, 1967, the following action was taken by the Board, (Des. cription Of pr'sperry) "It was aBSOLVED that the Southold 'Town PlannXng Board favorably recommend to the 8outhold Town Board the change of zone from Res.~dent~al and Agricultural D~str~Ot to "B" Bus,ness Dis.tract on the property here~n described. "The appl~oant requests this change to expand h~s bu&~ness oper&t~nn. "Very ,Xncerel¥, /,/ john wXokh~, Chailuan, $outhold Town P I ann ~ng Boa r d." SUPBRVXSOR ALBI~TSO~z At this thae is there anyone present to speak for thls applicat~Lon ? (There was no response. ) SUPERVXS~ AI~EItTSON, lo there anyone present to speak th :La appl ~cat:Lon ? (There was no response. ) -15- ~UP~.RVX~O~ ALBERTS. ON, Xs there anyone present who wishes to be heard one way or the other? (Theze was n~ response. ) SUI~RVXS~ ALB~TSONs Hearing none., wew~ll close the he&~ng for the further del ~beratlon of theBoard. i ii - NOTIC~ OF ~RING ON PRO~ TO ~ ZONING ORD~~~ ~..Pur~tant to ~ct~n Tow~ ~w ~d A~e IX ~f ~e ~~ ~ne ~~~ o~ the Tm of ~u~oM, S~fo~ ~~- ty, New York, Pub!~ h.~~ ~ h~d by .~e ~hold T~n ~d '~ ~e ~f~e 'of ~e Su- ~rv~, 16 ~u~ St~, Gr~n- Do~, N~ York, 'in ~ To~ on 't~ ~lSth ~y ~ A~, 196~, 7:30 ~c~k ~ ~ eve~ of ~ ~ o~ ~e ~o~l~~g ~~- So~e ~..o~ ~ ~~ .o~ o~, ~o]k ~~, New ~o=k. 1~ d~~ ~~~. o~, ~ ~e ~~ o~ ~~ ~ ~~ ~ ~ol- ~ve~ at '~e ~uth~~rly ~r ~f ~.~ ~~ ~ the n~w~ter~ ~ ~id~; ~~ ~d ~t erly ~ of ~~ Av~~, ~~ 2 .de~, ~ m~U~ 10 ~o~ ~t - 1~.0 f~t; ~1o~ ~ ~ ~ ~~, 81 .degr~s 55 m~u~s ~ ~o~ E~t - 3~1.31 f~,t; then~ (2 ~~.~ W.~ - 160.0 f~t l~d ~ '~~;. ~ce ~ng ~ ~, .N~th 81 de~ 55 ~u~ ~ ~~ W~ - 391.~1 ~eet ~ the ~t Or p~e of ~~g. 2. By ~ging f~ "A" .dent~ ~ ~t~al D~tr~t ~ "~" ~~~ ~trict t~ ~ t~t ~~ t~t, ~e or ~c.~ of la~ ~tuated, lyi~ ~ ~~ at S~~d', ~ ~.e ~olk, S~ of 'N~ Y~k, ~~ ~ foll0w~:' ,~uth~~y 1~ ~f ~~e ~ (OR ~), w~. M 2.~4.62 ,f~t ~~~~ fr~ ~t of~. ~er~ction of ~e '~uth~.~ly ~e of ~~e Road ~d ~e N~e~rly li~ of A,c.M~r~y P~ ~; s~ ~t ,be~. the ~d- of ~ ~~nt "~" B~i~ D~t~ct ~ t~~ ~~~y ~ong s~d ~uth~~ly ~ne of M~~ .~ N. 21° 28' 50" E. ~ f~.t to ~d of ,~ue;. ~e ~g 1~ of S. ~o 52,~ ~,, E.-5.93[~ f~t to ~d ~ ~ ~~d ~r~d, ~ the~e ~r~~st~ly on ~ ~ ~~ ~d of ~e n~~rly l~e ~r~.~rly ~e Pond ~, N.. 59° ~' ~" W. ~ ,P~nt "B" ~usm~-. ~ict l~e w~ M .~ f~ ~t~~ ~t of in~tlon ~ ~ ~ ~d Po~ ~e on ~d nor~w~rly li~ .of ~k~ly Po~ %he ~e~nt "~" h~e~ ~str~t li.~ wh~h M ~~el f~t d~~t fr~ t~ ~u~- ~e~.~rly ~ ~f ~d~e ~~ to a ~int w~ ~ the ~ of ~e~ p~sent "~" b~.~ -' ~rict.;. ~.e~ce ~tBw~~~ ~o~ the ,~,~t "B" ~r~ l~e N. ~2' .90" W. '2~ fe~ ~ the ~~- e~erly l~e of ~.~e ~d, .t~e po~t ~ ~ce of ~in~ ~g. ~e~ at ~e t~e ~d pl~e a~ve ~~~: M~eh 21, 196~' ~ W. ~~OND, COUNTY OF SUFFOLK, ] STATE OF N£W YORK, ~ ss' says that .. ~_~.~, i~ Printor land Publishe~ ~! the SUFFOLK WEEKLY TIMES, a newspaper published at G'reenport, in said cou.nt¥~ and 't!hat the 'n. otic~, ,of which the ,annexed is a printed copy, ~has been published in t'he said Suffolk Weekl~ Times c.nce in eot. ch week, ~r ........... ~ ........... week~ su¢cessivei¥ commencing on ~he ......~J:~..~.~,..~~..~ ....... day,of .... ~ ........ 19(~.l. ......... S~o, rn to before me this . .~.~.:... ~ day of .......... 19¢.7.. ! ......... ...... 2 ...... ?" ~.., ~.: :...' ..... '.. ;. :..,: ,:,~ · ~,..-~ V~':) " ~ .'.,:.. ,."., ,:. ;. :.. !...~ '. ,-,:~, , ::'2 .... :!~" '-" ~ ...'. ,' i ';.' . ...~:~.:r~. :,..:-:.~ ~::: ~..:,.~,.:..'.:, ..; ~..' .... / Law and Article IX of the Building Zone Ordinance- of the Town of South- old, Suffolk County, New York, public hearings will be held by the Southold Town Board in the Office of the Super- visor, 16 South Street, Greenport, New York, in said Town on the 18th day:, of April, 196'/, at 7:30 o'clock in the1 evening of said day on the following' proposals to amend 'the Building Zone l Ordinance (including the BuildingI Zone Maps) of the Torah of Southold, Suffolk County,' New York. 1. By changing from "A" Residential and Agricultural District to "B-2" Business District the following de- scribed property: -All that certain tract, piece or parcel of land situated at Southold,' in the Town of Southold, County' of Suffolk, and State of New York, and more particularly bounded and described as follows: BEGINNING at a monument on the easterly line of Boisseau AvenuF at the southwesterly .corner of land of Barzac and the northwesterly corner of land of C~ssidy; from said point of beginning running ~.!ong' said easterly line of Boisseau Ave- nue, North 2 degrees, 30 minutes 10 seconds East---160.0 feet: thence along said 'land of Barzac, two courses as follows: (1~ south 81 degrees 55 minutes 40 seconds East --391~1 feet; thence (2) South 2 degrees 30 minutes 10 seconds West --160.0 feet to said land of Cassidy; thence along said land, NOrth 81 degrees 55 minutes 40 seconds West --391.31 feet to the point or place of Beginning. 2. By changing from "A" Residential and Agricultural District to "B" Busi- ness District the following describedi property: All that certain tract, piece or. parcel of land situated, lying and l being at Southold, in the Town of' Southold, County of Suffolk, State · of New York, and more particularly bounded and described as follows: Beginning at a point on. the southeasterly line of Middle Road l (CR IF/), which is 274.62 feet north- easterly from the point of inter- section of the Southeasterly line of Middle Road and the Northeasterly line of Ackerly Pond Lane; sa. id i point being the end of the present "B" Business District line along that, part of Middle Road; running thence northeasterly along said southeast.- _ erly line of Middle Road N. 21° 28' 50" E. ~8 feet to land of Donahue;. running thence along land of Don- ahue S. 55° 52' 00" E -- 593.03 feet to land of Long Is~a. nd Railroad, running thence northwesterly on an arc along land of Long Island Rail- road 327.33 feet to the northeasterly line of Ackerly Pond Lane; running thence northwesterly alon. g the said northeasterly line of Ackerly Pond Lane, N. 59° 45' 00" W. to the pre- sent . "B"~ Business District line which is 200 feet southeasterly from 'the before mentioned point of inter- section of Middle Road and Ack.zrly Pond Lane on said northc:,,sterly line of Ackerly Pond Lane; running thence nmCheasterly along the pre-, ~nt "B" business district line v, qdch i is parallel to and 200 feet dist, ant i from the southeasterly line of Mid- dle Road to a point whch is the endf of the' present "B" business Dis-[ trict; thence northwesterly along the present "B" District linc N. 55° 52' 00" W. 200 feet to the ~utheasterly line of Middle Road, ~o ~.he ~oint, and place, of begnning. Any person desiring to be heard the above proposals should appear .at the time and place above specified. ' DATED- March 21, 1967 BY ORDER OF THE SOUTHOLD ALBERT W. RICHMOND, TOWN CLERK COUNTY OF SUFFOLK STATE OF NEW YORK SS: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'i-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ...... ~.~ .~../~,~.._~-./~.~.~... weeks successively, commencing.,.on the _~/~." day of ...... ".~~ ~--~-~'-~.'...../4...' 19~,~..7 '"' '''''''"' ,*,..o · -,,. ooo ,., ' ' .. Sworn to before me this ........ ~ ......... day of ...... ..... , ...~"~ .,eeeeeee.. I.e ~.eee ,.e, ~e -eeelleleeeel., ADELE PAYR~ Notary Public, State of New YoI~ Residing in Suffolk County No. 52-3041000 Oemmis~ion Expires March 30, the Tmm Lm~ and ~~~ of ~ hoarM u~A be. MAd 1~ ~ 1411the~d ~n Board of Apw~i, 3.967, it ?.~ ]JO o'eAoe~ tn t, bm evqen~~ of ieee Stepe) of'tho Vou~n of ~d, au.~ Cemsty0 aoe~~ Couaty of suffolk, ad ~ of ~ ~,u--"--,Gr of ~.~.d of ~ and tho O4trtliUO~~ly ~ of ~ Of ~~~ from oa~.d ,po~t of 3M,.3t]t feet to the .pO~t alg ~ of .llOg~~~. 2.. By' ~J.ug~ fre- -&' ~t*lll~Ll;t iud AVrteu.X..turaA · of, 1or lqozk, and more X~ Of NA~e lolld (CB 27}, wh~ JJ F74.62 flit ~XF ~~ ~ po~t of sn~m of the emi of tho .preaeut "B' ~.~ .D..Lltr~ X.tsle m~ that ~ of ~ddX, e load. XLue of MA'_dd__2~_e ~ I!..ZX'~ 28' SO:'- L 78 ~ to LmM $. SS'-' S~' 00" il..- 503.03 fee~ tO X4md Of ~- an_ are-&Xong Lend of'~ :to]end nn.,t.~d 3~2'7..33 ~Xy Xtj~ o.£ ~XF Prod ~.. If. S'O' ~ 4S* l l]m of NA~e Road. ~o ~ point an~Luee of :L... ...... :,.. ,' ............. , .,..:..: ~. ~_.~.n~ OaF. B, .M~]:~ 7, 1.967, fM (/) &ff~dafAtl Of ~~~~Z,~ir ~ H ~ Southold Town Planmng Board SDUTHDLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe William Unkelbach Frank Coyle REPORT TO: Southold Town Board 16 South Street Greenport, New York March 8, 1967 Gentlemen: At a regular mee~ng of the Southold Town Planning Board held on March 7, 1967, the following action was taken by the Board: In the matter of the petition of Steve J. Doroski, Middle Road,, Southold, New York, relative to a change of zone f~om "A" Residential and Agricultural District to "B' Business District on certain property situated at south side Middle$oad Southold, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING at a point on the southeasterly line of Middle Road ~R27) which is 274.62 feet northeasterly from the point of intersection of the south- easterly line of Middle Road and the northeasterly line of Ackerly Pond Lane, said point being the end of the present "B" business district line along that part of Middle Road, running thence northeasterly along said southeaxterly line of Middle Road N. 21° 28' 50" E. 78 feet to land of Donahue; running thence along land of Donahue, S. 55° 52' 00" E. 593.03 feet to land of Long Island Railroad; running thence northwesterly on an arc along land of Long Island Railroad 327.33 feet to the north- easterly line of Ackerly Pond Lane; running thence northwesterly along the said northeasterly line ~f Ackerly Pond Lane N. 59° 45' 00" to the present "B" Business District line which is 200 feet south- easterly from the before mentioned point of intersection of Middle Road and Ackerly Pond Lane on said northeasterly line of Ackerly Pond Lane; running thence northeasterly along the present "B" Business District line which is parallel to and 200 feet distant from the southeasterly line of Middle Road to a point which is the end of the present "B" Business District; thence northwesterly along the present "B" district line N. 55° 52' 00" W. 200 feet to the southeasterly line of Middle Road, the point of beginning. REPORT TO: Sou%nold Town Board March 8, 1967 Page -2- It was RESOLVED that the Southold Town Planning Board favorably recommend to the Southold Town Board the change of zone from "A" Residential and AgricultuKal District to "B" Business District on the property ~w.~Y. herein described. The applicant requests this change to expand his business operation. Very sincerely, John Wickham, Chairman Southold Town Planning Board cc: Town Clerk F']FF _ERK ~OUTHOLID, L. I., N. Y. March 8, 1967 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickham; ~he original petition of Steve J. Doroski, Middle Road, Southold, New York, relative to change of zone from "A" Residential and Agriculural Bistrict to "B" Business District on certain prop- erty situated at South Side of Middle Road, Southold, N.Y. is in the files in the office of the Planning Board at Southold, N.Y. 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 CASE NO.: .............. STATE OF NEW YORK PETITION TO\VN OF SOUTHOLD IN TIlE MATTER OF TIIE PETITION OF FORA CHANGE. I~IODIFiCATION OR AMENDMENT OF TIIE BUII,DING ZONE ORDI- NANCE OF TIlE TO\VN OF SOUT]HOLD, SUFFOLK COUNTY. NE\V YORK. TO TIIE TO\VN BOARD OF THE TO\VN OI: SOUTtlOLD: 1. I, Stev~ J. Do~'o;;}k:[ ,residing at...t'&dd, le..,Loac].~..$o.ut.ho3, d.r *' ' (insert name o£ petitioner) Suffolk Comity, New York, the undersigned, am the owner of certain real property situated at -._. . , ~, ..... Southold~ bp~.L.h....s..1¢.~...k,.x..~...~.~. 9.}9..~.,P.:~ .... and more particularly bounded and described as follows: Begi~ lng ~t a ~,oint on t,le Southe~sterly line of ',.~iddle _toad (CR27)~ ~,qtich is ~o6~ feet northeasterly fro~ t~ e ~oi~t of int,:~section of t~,e ~outheasa~rly line of kiddl~ ~oad and the I~ortheasterl~, li~e of ackerly ponu lane~ Sa~d ~,oint being the end of the present "B" busi~ess district line along t~at :art of i.~iddle ~ioad. R~ning t~ense nort~e:,ster_~y along said southeasterly line o~' ~i~dale ~oad N. 21° 28' 5'0" E. 7~ ~eet to land of Donahue~ R~ming thence along land of Donabue S. ~o ~2' 00" E. %93.03 feet to land of Long Islsnd Railroad; Running thence northwesterlMon an arc along lan~ of Long Island Railraod 327.33 feet to t~e I.ortheas~.~rly line ol' Acka~l~ Fond Lane~ R~ning thence northwesterly along the said notheas~erly line of Ackerly Pond Lane N. ~9~ ~' 00" W. to the ?resent "B" busi~e.~s di.~triet line which is 2C0 feet southeast-~rly from bei'ore mentiond point of intersection of i4ida~le ~oad and 2cl, erty Pond Lane on sai~ northe~st~rl.? line ~f ~cker].y Pone L~e; ~mnin~ thence nort~east- ~rly ~lo~g the present t'B". business distr~ct~liae,whic~'is ~aralleI[.to and ~00 feet distant from the southe~stor]j,~ line of middle road to a [,oint which is t~e end of the present "B" busin~tss districtl Thence no~ta~,msterly alon~ the f. resent "B" district line N. ~%o ~2' 00" W. 200 f.-ot to the ~outheast,srl.~ line of i.liddle Road~ t~;e point of beginning. 2. I do hereby petition the To~xn Board of the Town of Soutbold to change, modil'y and amend the Building Zone Ordinance o{ the Town o1[ Soutbold, Suffolk County, New York, including the Building Zone Maps hcretoi~re made a part thereof, as folIows: ~y c~angilkg t, he a~5ove ,aist~?ict by e'xtendiag the ~:,~'esent "iS" disti'ict zone. 3. Such request is ~nade for the following reasons: '- ~ am ol:,erat2ng a coi,:~,~ercial potato.mactcin~' and ~rading ot:eration in the ?resent "~"~district zoned Lro~.erty fronting on both I.~iddlc ~oad a~d ~ckerly Pond ~ane, ~ : I have recently purchased additional land on the northeasterly sloe o1' this district and request a ci:ange of zone from "A" resJ.del-,tial anm a~ric, ltural district to "B" busin$ss distr~ct so that m~ o~-erstion sci, be enlarged and use tkis additional land, Ii~ addition to ~.acking motatoes i am packing and "pre-cooling" bru. ssel sprouts and r. la~ an ex[.ansion of this ogeration also, ~he addition,al basiness zone is necessary to my ~peration, STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ......... ~"gp.¥.e...~.: ..D.q~'.q~$ ............... BEING DULY SWORN, deposes and says that be is the petitlouer in the within action; that be bas read the £oregoing Petition and knows tile coutents tbereo£; that tile same is true to bis (tier) own knowledge, except as to the matters therein stated to be alleged on information and belief, aud that as to those matters he believe> it to be true. (L. S.) ..... : ................ this ...3.. day of .... ~.:i.a.r..e.~. ............. 19.~.ff. Ctary Public. r~ ,. co ·. "~!'~"': :';.:": -: "=~' .".' · :4"' .,' . . h;::.~ ~,. .o 0 0 · '.... -:_,? 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