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.
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