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HomeMy WebLinkAboutNorth Fork Manor Amend. #106 NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 106 NOTICE IS HEREBY GIVEN that.~--a ~.., the Town Bmrd d the Tow~ of York, heidon the ~]~ ~ enacted the follo~in~ am~m. ent to the Town BuildiI~ Zone M~. formin~ Agricultural District to "B" I_~-.]~sin~ss District the property of North Fork Mal~s~, lnc: situated at Mattttuck, New. York,' and more particularly ~d.. BErG at a~/nt no the northerly side of S~)und Avenue where same is in- tersected by the westerly side of land now or formerly of Long Island Lightin~ Co. and running thence along the northerly side of Sound Avenue, the following: (1) North 85 degrees 03' ~0" West, 180.80 feet; (2) North 79 degrees 56' West, 108.88 feet; (3) Northwesterly along a cttr~e bearing to the right and having a radius of 667.9/feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to the right and has a radius of io.o feet, a distance of 83.68 feet; thence along the southerly side of Middle Road, the following: (1) Easterly along a cur~e which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 leer; (2) easterly along a curve which bears to the right and has ~ $8"~" E~t, a distance of 1t~.~1' leer, thanee along land now or formerly of Long Island Lighting Co., the following: (l) South 54 degreee 4~' .wesu08.0 f?t; South 35 ~legrees 16 ~ast, 183.72 feet to the northerly side of Sound Avenue at the point or place of beginning. Con- tainmg about 2~ acres. DATED: May 23, 19/8 · BY ORDER OF THE SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK, | STATE OF NEW YORK, ? ss: J . .~ROX .GIISTA.V.$0N ................... bein9 duly Sworn, scr,/s that .. ~ .. ~ is Printer and Publisher o! the SUFFOLK WEEKLY TIMES, u newspaper published ~t Greenport, in said county; nnd fh-! the notic~, of which the armex~! is a printed copy, Ires been published in the s~id Suffolk Weekly Times once in e-ch week, for ........... 01~ .............. weeks suceessiv~ly commencing on the ...... FIRST. ............. Sworn to b~fore me thisI ../.'.~.... I NOTARY PU,B: ;C, 2'.~*c u: ~l~w NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk C,o~gRy, New York, held on the 2~r~d~y of May, 1978/the Tow~ I~ard enacted the ' ~llowing amendment to the ~ ~le enl~tl~l :, Cod~ o~ ~ Southold t.~ethe~ wilil~l~e Building Zone Map fo~min~ Agricultural District to "B" Light Business Distriqt the property of North Fork Manor, Inc. situated . at Mattituck, New Yolk, and moreparticularly botmded and described as follows: BEGINNING at a point on the northerly side:, of Sound Avenue where same is in- tersected by the westerly side of land now or form~ly of Long Island Light~ Co. and running thence along the northerly side of Sound Avenue, the following: (1) North 85 degrees O3' 2O" West, 180.80 feet; (2) North 79 degrees 56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the fight and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 4O.O feet, a distance of 83.08 feet; thence along the southerly side of Middle Road, the following: (1) Easterly along a curve which bears to the right and has a radius of 29~.79 feet, a distance of 287.69 feet; (2) easterly along a curwe which bears t~ t~e right and has a alon~ ~ ~ ~ grees ~8' ~0" East, a distance of 169.94 feet, thence along land now or formerly of Long Island Lighting Co., the following: (!) South 54 degxces 44' West 100.0 feet; (2) South 35 degrees 16' East, 183.72 feet to the northerly side of Sound Avenue at the point or place of beginning. Con- taiaing about 2~h acres. DATED: May 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: TROY GUSTAVSON being duly Sworn, says that .... .It,~.. , is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly/ TAmes once in eoch week, for ........ .0..N~. ................ weeks successively commencing on the ... ~-I~T ................ day of ....... .................... Sworn to A~efore me this 1,. ~..~ .... ........ m.7.£ N,~,',..'7" P. }~OU. NOTARY I?Z: ;.'?. Res~din.. ir, L:.'" ;~t,~ C]' ;:. >: ~. ~ ' 6'~k " NOTICE OF AMENDMENT TO TOWN ORDINANC1~ AMENDMENT NO. 10 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold. Snffolk County, Nex~ York, held on the 23rd day of Ma3', 1978. the Town Board enacted the following amend- ment to the Town Code entitl- ed "Code of the Town of Southold" together with the Building Zone Map forming a part thereof as follows, to wit: Amendment No. 106 amends the Code of the Town of Southold by changing from "A" Residential and Agri- cultural District to "B" Light Business District the property of Noah Fork Manor, Inc. situated at Mattituck, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of land now or formerly of Long Island Lighting Company and running thence along the northerly side of Sound Avenue, the following: (1) North 8S°03'20TM West, 180.80 feet; (2) North 79°56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the righ and having a radius of 667.97 feet, a distance of 13S.60 .feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the souther- ly side of Middle Road, the following: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) easterly aloog a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, South 3S° 38' SO" East, a distance of 169.94 feet, thence along land now or formerly of Long Island Light- ing Company, the following: (1) South 54° 44' West 100.0 feet; (2) South 35° 16' East, 183.72 feet to the northerly side of Sound Avenue at the point or place of beginning, Containing about. 2% acres. Dated: May 23, 1978 BY ORDER OF THE $OUTHOLD TOWN BOARD JUDITH TERRY Town Clerk 1T-6/I (503) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count'y; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........... /(. ........................... weeks successively, commencing on the ..... l ................................. ..................... ...... :-. ...................... .......... Sworn to before me this ~ day or .................... , / ................ ~'Notary Pu~~~0'~ ............. F,,::.: - i;~ Sz!;.:;~ C;u::ty NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 106 NOTICE 'IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 23rd day of May, 1978, the Town Board enacted the following amend- ment to the Town' Code entitl- ed "Code of the Town of Southold" together with the Building Zone Map forming a part thereof as follows, to wit: Amendment No. 106 amends the Code of the Town of Southold by changing from "A" Residential and Agri- cultural District to "B" Light Business District the property of North Fork Manor, Inc. situated at Mattituck, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of laud n°~t.orl fm'merly of Long lslan~.IAgMil~'comp any and running thence along the northerly side of Sound Avenue, the following: (1) North 85°0Y20'' West, 180.80 feet; (2) North 79o56. West~ 108.8/t feet; (3) Northwesterly along a curve bearing to the righ and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to ?.lifie right and has a radius of 390.0 feet, a distance of 134.34 '-::k~-L~'t~en~e~ along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and uortheasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the soutfier- ly ~ide of Middle Road, the following: (I) Easterly along a curve which bears to the right and has a radius, of 2908.79 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, South 35D 38' 50" East, a distance of 169.94 feet, thence along land now or formerly of Long Island Light- ing Company, the following: t,l) South 54° 44' West 100.0 feet; (2) South 35° 16' East, 183.72 'feet to the northerly side of Sound Avenue at the point or place of beginning. Containing about 2'/: acres. Dated: May 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH TERRY Town Clerk 1T-6/I (503) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ............. /. ......................... weeks successive~, commencing aa the ..... / ................................. Sworn to before me ~b: ~ ~ or WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by .....~..o...~..t..h.....F._.o.~.k_.._...b~...n._.o..~..:...~..n.?.... .............................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Resictential , in-from and Agrzcultura- ~. "B" Light Business ~ ............................................ u~strict to ........................................... 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 .... .1..~.t...b: ...... day of ................. ..~.p..~..~.l. ................... , 19...?-..8.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GTL/~TED. DATED: MAY 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 25th day of May 19 78 , she affixed a notice of which the annexed printed notice is a true copy, in a proper and subs.tantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 NOTICE OF AMENDMENT NO. 106 Judith T. Terry, TQ~ Clerk Sworn to before me this 25th day of May , 19 78 JNotary~ Publ l~f- ELIZABETH ANN NL'VltlJ] NOTARY PUBLIC. State of New Ym'k No. 52-8125850. Suf[olk Cou,q~y Term E~p~res Mezch 30, 19..~'::~:~ NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 106 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 23rd day of May, 1978, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southold" together with the BuildingZone Map forming a part thereof as follows, to wit: Amendment No. 106 amends the Code o£ the Town of Southold by changing from "A" Residential and Agricultural District to "B" Light Business District the property of North Fork Manor, Inc situated at Mattituck, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of land now or formerly of Long Island Lighting Co. and running thence along the northerly side of Sound Avenue, the following: 1) North 85© 03' 20" West, 180.80 feet; (2) North o 79 56' West 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of L34.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the southerly side of Middle Road, the following: (1) Easterly along a curve which bears to the-r~ht and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, South 35° 38' 50" East, a distance Page 2 - Chan~ of Zone Amendment NO. 10~ of 169.94 feet, thence along land now or formerly of Long Island Lighting Co., the following: (1) South 54° 44' West 100.0 feet; (2) South 35© 16' East, 183.72 feet to the northerly side of Sound Avenue at the point or place of beginning. about 2~ acres. DATED: May 23, 1978 Containing BY ORDER OF THE S OUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 1, 1978, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK, 11971. Copies to the following on May 25, 1978: The Long IsLand Traveler-Watchman, The Suffolk Times Van Tuyl Land Surveyors Inc. PUBLIC HEARING A.L il 11, 1978 CHANGE OF ZONE APPLICATION #237 - NORTH FORK ~NOR, INC. A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York at 7:30 P.M., Tuesday, on April 11, 1978 on the application of North Fork Manor, Inc. for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on property located at Mattituck, New York. Present at the hearing were: Supervisor Albert M. Martocchia Councilman James Homart Councilman Henry W. Drum Justice Martin Surer Town Attorney Robert W. Tasker Town Clerk Judith T. Terry Absent: Councilman William R. Pell, 3rd and Justice Francis T. Doyen Councilman Homan read the notice of hearing as follows: Pursuant to Section 265 of the Town Law and requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, in said Town on the llth day of April, 1978, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7:30 P.M. by changing from "A" Residential and Agricultural District to "B" Light Business District the property of North Fork Manor, Inc. situated at Mattituck, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of land now or formerly of Long Island Lighting Co. and running thence along the northerly side of Sound Avenue, the following: (1) North 85° 03' 20" West, 180.80 feet; (2) North 79° 56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has - radius of 390.0 feet, a distance of 134.34 feet; thence along curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the southerly side of Middle Road, the following: (1) Easterlv along a curve which bears to the right and has a radius of 2908.~9 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, South 35° 38' 50" East, a distance of 169.94 feet, thence along land no~ of formerly of Long Island Lighting Co., the following: (1) South 54° 44' West 100.0 feet; (2) South 35° 16' East, 183.72 feet to the northerly side of Sound Avenue at the point or place of beginning. Containing about 2~ acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. (2) PUBLIC HEARING CHANGE OF ZONE APPLICATION #237 April 11, 1978 NORTH FORK MANOR , INC. DATED: March 14, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK COUNCILMAN HOMAN: We have proof of notice of publication from the Suffolk Weekly Times, notarized March 23, 1978, and proof of notice of publication from the Long Island Traveler Watchman, notarized March 23, 1978. We have an affidavit from Judith T. Terry, Town Clerk that this has been posted on the Town Clerk Bulletin Board at the Town Clerk's Office, Main Road, Southold, New York. I have from the Planning Board of the Town of Southold the following letter dated March 13, 1978: Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held on January 30, 1978: RESOLVED to recommend to the Southold Town Board denial of the application of North Fork Manor, Inc., Case No. 237 for a change of zone for property located at Mattituck, New York, from "A" Residential and Agricultural District to "B" Light Business District because it is not in conformity with the use laid out of development of a high speed access road and the discouragement of business on that road is laid out in the development plan of the Town of Southold. Mr. Wickham stated that the original site plan is in violation since the barrier to access to Route 27 was removed, apparently, by the operator soon after it was erected. It is our opinion that a buniness is not viable in this loca~onbecause of the physical nature of the interchange. The removal of the barrier underscores the fact that a business cannot be operated here without direct access to County Road 27. /s/ Muriel Brush, Secretary I have a letter from the Suffolk County Department of Planning to the Town of Southold, dated March 3, 1978: Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or disapproval. Comments~ Subject to compliance with any requirements set forth by t~e Suffolk County Dept. of Public Works, Appropriate vehicular access, use and buffering restrictions warrant consideration. SUPERVISOR MARTOCCHIA: You have heard the application read by Councilman Homan asking a request for change from "A" Residential and Agricultural to "B" Light Business District, the reading of the description of the property involved, properly advertised in the Suffolk Times and the Long Island Traveler Watchman, one of them being the official paper, the comments and recommendations of the Southold Town Planning Board to deny the application and the comments of the Suffolk County Planning Board as local determination. At this time the floor is open to anyone who wishes to speak in favor of this application? (3) PUBLIC HEARING April 11, 1978 CHANGE OF ZONE APPLICATION #237 - NORTH FORK MANOR, INC. ERIC BRESSLER, ESQ.: I would like to speak in favor of this application on behalf of North Fork Manor, Inc. In seeking the change from "A" Residential and Agricultural District to "B" Light Business District there are basically three factors. The first is the unsuitablity off,he sub.~ect parcel for the uses for which it is presently zoned which is agricultural and residential. Secondly, we feel that the "A" use is inconsistent with the surrounding uses in the area. They are generally "B" and "C" uses. And finally, if you recall the history of the zoning of this parcel it indicates that it should be more appropriately zoned for business rather than residential. Going back to the first point, the unsuit- ability of the parcel for agricultural or residential, first we feel that the size alone is sufficient reason to make it unsuitable for agricultural use. It is a small parcel and it can be utilized for noghing more than a large size family garden. Similarily as far as residential use goes, we feel that since the subject property is located at the intersection of Sound Avenue and the double highway, that is a particularly inappropriate place for a residence, the noise pollution, and other general factors as a result of the heavy traffic in the area. Secondly, all of the surrounding area to the north, south, and to the west is zoned "B" or "C". It has been this way since the zoning map was first drawn up, at which time this parcel was similarly zoned. It wasn't until later that this particular parcel was singled out and up-zoned to residential and agricultural. The nature of the surrounding area remained the same "B" and "C" There are numerous businesses around there and there is a possibility that due to the zoning, of other commercial and industrial develop- ment in the area. In fact, up until this particular business reached the stage which it has now, there was a small commercial business known as the "Hut" on that piece of property, thereby being consistent with the surrounding uses in the area. It was only later that this particular parcel was up-zoned. And quite frankly, we don't see how the character of this particular parcel differs in any significant detail from the surrounding area. Now, the County Planning Board left it to local determination. The Planning Board based it~' reason for denial on the fact that it was inconsistent with the use of a high-speed road. Now, this parcel, from our point of view, is no different from the other parcels located along the high-speed road and we don't feel that it gives rise to any peculiar problems, nor any we pointed out in the report. Generally, industrial and commercial property, as the town plan indicates is appropriately located at places like these. We feel that this parcel, also, should have fallen into the plan that was set-up for that particular region of Mattituck. In the absence of such activity, the parcel is virtually useless and isawasted piece of land as far as the town is concerned. No one will build a house there, I am sure that all of you are in agreement as far as that goes and that the land will languish and be non- productive. At this time, I would like to introduce Mr. Fred Meyer, Town Planner for the Town of Smithtown who has prepared a presentation in support of the granting of this application. FREDERICK F. MEYER, Municipal Planner for the Town of Smithtown: Mr. Supervisor and Town Board Members, and Counsel, my name is Fred Meyers, I am currently the municipal planner for the Town of Smithtown. I have prepared a graphic presentation, a picture oftens represents a thousand words. The subject property, as you can see is (4) PUBLIC HEARING April 11, 1978 CHANGE OF ZONE APPLICATION # 237 - NORTH FORK MANOR, INC. located at the intersection of Middle Road and County Road 27 and Sound Avenue consisting of about 2~ acres and having road frontage on all three roads of a total over 1,000 feet. Surrounding the subject property on the north side of Middle Road we have a tract of land with 1,300 feet on Middle Road with a depth of about 400' zoned "B" Light Business this is on the northeast corner. On the northwest corner we have a similar pattern of "B" Light Business that has 920' of road frontage on Middle Road and again a depth of about 400' running north along Cox Neck Road. On the south side of Middle Road and Sound Avenue we have an overall length of road frontage of a total of 1,000 feet with an average depth of 400' again zoned "B" Light Business. The balance of land on the south side of Sound Avenue has a road frontage of almost 900' and a depth of some 1,300 feet running south to the L.I.R.R. It is quite obvious that the subject property is virtually surrounded by "B" Business or "C" Industrial. The subject property, as you well know was placed in "B" Light Business in 1961 by the Southold Town Board on the Town Board's own motion. Subsequently, the owner improved the property with a modest restaurant containing approximately 900 square feet, which is a very small improvement for a piece of property some 2~ acres. There is presently a bluestone parking area of about 28,000 square feet. The Town Board~ for some reason, saw fit to up-zone the property as Eric indicated to you, some years ago, rendering the property as non-conforming. As long as the restaurant stays there and is not improved to any degree, it can stay there. But under the present status, it cannot expand. The improvement being so small, and the ordinance says that you cannot make an improvement on a non-conforming building exceeding more than 50 % of the value of the improvement. Any improvement thereon would be extremely modest. This of course, puts the present owner in a very difficult position. He can't improvethe property for his own use, nor can he sell the property to someone else who desires to carry on that business or any other business because it knocks them out of the ball game as far as the lending instutitions go no improvements are allowed. No bank would write a mortgage on a piece of property that is zoned residential surrounded on all sides by property that is zoned "B" Business, where no expansion or even modest improvement is possible. Very simply, in my opinion, the applicant's decision to suggest to the Board and ask their indulgence in placing it back in the "B" Light Business zone. The Board was quite knowledegable and did the right thing, I believe, in 1961 when they re-zoned it west of Cox Neck Road and easterly to the 60' right-of-way which exists easterly at the edge of the subject' property across the street and runs southerly This cross-section here is the LILCO substation which brings power in from the Port Jefferson generating plant~ Generally high tension lines, major highways, railroad rights-of-way, mountains, rivers and the like serve as divisions. You have done it on the north side of Middle Road and on the south side of Sound Avenue and we would suggest that you re-zone the subject property up to the LILCO right-of- way - these 2~ acres. As Eric indicated, and I echoed, the property at the present time is totally unsuitable for residential use by virtue of its exposure, and more importantly by virtue of the uses of the surrounding properties. In my opinion, no prudent personwould make an investment of his money by purchasing a house at this location. This site has no natural redeeming amenities such as heavy woods, or a radical change in topography, it is a flat piece of property, totally (5) PUBLIC HEARING April 11, 1978 CHANGE OF ZONE APPLICATION # 237 - NORTH FORK MANOR, INC. devoid of any vegetation, only wild grass that grows on it. Certainly no one would build a house on it. I have prepared a report for the Boards' review~ and I ask that you please read it prior to making your decision. I hope that your decision will be to re-zone the property back to your original decision back in 1961 to "B" Light Business. SUPERVISOR MARTOCCHIA: Thank you very much for your presentation. Is there anyone else who wishes to speak in behalf of the applicant? Does anyone have any comments? GEORGE STANKEVICH, ESQI: Could we see the map? MR. MEYER: I am sorry that I turned the presentation away from the audience, but my prime concern was to the Town Board. The subject property is located at the intersection of Middle Road and Sound Avenue Mattituck, about 2½ acres. All of the other properties surrounding it are in approved "B" Light Business or "C" Industrial Districts with the exception of Doric Enterprises facility at the west end of the parcel on the south side of Sound Avenue, a precast cesspool manufact- uring plant south of the Doric Enterprises on the rear parcel.All of the rest of the land continues to be zoned business and industrial although enjoying a vacant and rural atmosphere. SUPERVISOR MARTOCCHIA: Is there anyone in the audience who would like to speak favorably toward this application at this time? (There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone present who wishes to speak in opposition? (There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone who wishes to speak in any direction or make any co~ents about this application? (There was no response.) SUPERVISOR P~RTOCCHIA: Has everyone had the opportunity to speak in regard to this application that wishes to speak? (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none, the hearing will come to a close, and the Board will make a decision after studying all the related material. Respectfully submitted, Bett~~y e~ Deputy~ Town Clerk mreder!~-:,: ~.'. "is?er ']]h~ zone c~lan~e apolicat~on under disc,as,-;i, on b;? the ½'l?.nn~ng -'.o~rd on January 10, 197~ an~ that a)_so bc the :~u~.~ect of ~]~scussion at a public hearing to be held by the Tew~-, Board, is to ~end the official zoning ~",a~ o~' _~outhcld f~-om ~;e~i~ene.-~ A back to B Light ~usiness District. The subject parcel La located at the !ntersecv~icn cf ._'uffo!k .~cunty Route ?7 (Middle Road) and Sound Avenue and cc,~ta~.ns 2.6~ acres of land. It has ~00 l~neal feet of road frontage on :.Hddle ](oad and :?~::~ lineal feet on Sound Avenue plus $~ feet cna connectln~ roadway, For a total road frontage of 10~$2 l~eal feet. The average depth cf the ~arcel is 260 feet. =t is a level sf_te, contai~in~ a soil. com~ositio~ known as Ply~outh loamy sand. The r~.rcel contains no trees or any other vegetation ezce~t for wild ,z~a~s:~e~. it haza 60 foot LILCO easement runni, ng through ~ :~ortic.~a ~::i' th~ ea.~ter]_y end of the ~arcel. J;~tuated on the s~te is a one-story concrete block ~ttructure, containing a~proximate!y 900 seuare feet a~d presently :~sed aa a seazona! rastaurant, known aa "The Hut". Other inm.~'oveme~ta located on the site ccn~ist of bluestone surroundiug the structure c~d conai~;t~n2 of a~proximately 28,050 s~uare feet of area~ u~on which customer:~ park ~n an unrestricted manner. The bui.!dfng and i~!ue~t~,.ne pa~'k~g area cover approximately ?~ per cent c:~' the total :;!to., but the bu~]d:ing only covers.85~ of the site. E~6hty-thr',:~ fe,:~t of concrete curbing exists at the see× of the trian~le~ apparently installed with the improvement c,2 ']ounty ~oad 2'? -- ~,{~;_dd]_~ Road. USE Ai[iJ L'O~TNG OF OTHER PARCELS The :cub..iect is generally the sha~e of a triangle, e?.ce~t that the apex .is rounded, and so it virtually has road frontage a'lomg three h~ghways. 0p~osite each of these are mr;vately owned ~ro~ert~es, all of which are zoned either bus~nes.~ or indu.~trlal. T~i~ can readily be seen in Exhlbit A. Fs. rce! 1, located at the northeast corner of M~ddle Eoad and Cox f,ieck ~':oad is zoned i~ Light W. usiness having a frontage of !~O~ 'feet and a de~th of -~O0 feet. It is vacant and c~ be ~een photngra~b ~?"1. Parcel 2, located on the northwest side of ~[tddle 2oad and Cox Neck Road is zoned B Light 5us~ness having a frontage a,f 920 feet ~d a de~th of 100 feet. it is vacant smd can b~. ?e. en Jn Photograph //'2. Parcel 3 is located on t~c scuth side of ~:d.Jle [.'~oad west of the intersection with :lox Neck Nc. ad: {t ~s zo~-~e,:~ = Light Zu:~ness and is improved with a bus!nose building know~ as the Doric Dimensions Corporation. This asn be .-:ee?~ %n photogra}:.h f}'3. Parcel ~{Z~} ia directly behind, havi. n~ ]~m!ted frontage on the south side of ~diddle Road; it too zone~l ~}. ~,l~}~i. Business and is improved with aprecast manufac-~r.[:n6 m]ant. T~is can be seen in photograph /~. Parcel .'.':-~ i".~ cc. nt[[?ious to Parcel }"3 and is zoned R !,!ght TM~us''~na~_.~ s, An all, Parcels ,'/l, #~, a.n~ //5 have a combine{~ road fronta6~ on the -3- zout3h side tf [.fiddle Road and Sound Avenue, of lOkO Feet with an. ~,ve'~n.~<e "~,'t'_,-1 of o00 feet. Parcel ~'~6 is directly o~eosi'ta a pa.rtio~ of the subject parcel, lying on the south sid~ of ocund Avenue and is zoned C Industrial. !t has a frontage on Sound Avem,e of ~'..:~0 feet, and extends southerly to the L!RR r-o-w for an overall depth of ].300 feet. This tract ~s ~mime~oved except for ~ siu~le family residential structure; it can be seen tn DhotograrJN ,;'5. To the rear of the subject is a 60 f~t LiLC~'. easement that brLnss electric power from Port ~]efferson to the ~iatt[tuck substation, which is located adjacent to the southeast corner of o,lr r~arcel} see mhotograph f~6. l,a~en examined overall, the subject is currently surrcunded 0y d~ver~ent zon'~ng patterns and is virtually an ~.3ian~ of resident'ialljf zoned land, in fact used for business, Undoubtedly all of the business or industrially zoned earcels will in due time devclo~) with some permitted use~ in accordance with theLr current zoning district. !'t is ,m!ikely that the sub.lear would or could at this point in time develon with hO,O00 souare foot single family residential home sites, as it is currently zoned. in the first place it is improved with a co,ore,al structure, has been assessed as such and taxes are paid on the basis of a co--crc{al entity. Therefore, the land and improvement has an ascribed value based upon its prior business zoning and the business ~m~orovement thereon. To build residences, therefore, would greatly diminish the existing and eotent~al business value. Zn the second place bhe site does not ]_end itself 'bo deve!o?,~ent with s~ngle fa~n-i.]y dwel],ings because cf the highway exoosure (~5~:OO v~h~cles ~er day on ~ddle Road), and the leak e~ an.v o~oet the ~1i~' '~' vegetative or to~ogranhic assets that would l~_abiiities. Th~ two dwellings (see exhfibit ~) that could .Rrected t,}~.-~'e wou]{-] be totally isolate~ from any ne~ghoor:-~ood. Zt is also highly unlikely that any ~'screet buye~ would ma~e a financial co~itment~ l~owing that h~c ~.~_1 one day fac,-- co~m~ercial or industrial land uses. WITH GOOD PLANNING Zt woul(] be good and practical .nlanning to restc]:'e to ti~e subject, ~ L~.ght ,~3usi~e.ns~ zoning classification. At "~' _ ~t seems reasonable 'to terminate the business zo~e at the bo'md- ary o~' the L~L:U{"~ high tension ~ower lines, as has been .Jena the parceR on the noztn side of Middle Road and the south ~:~de .3ound Avenue. ,..',m_~cz~)al].ties have traditionally used lines, rs~]road lines, rivers, abrupt ch~ges in to~c~r.~ph~..~ major hJ~hway..s tc separate zoning d!str~cts. While it is with ~ ~.~ooo reason that the Town's ~,.a~.er Ulan emphasizes the retention of agriculture in the Township). it however, unrealistic to place the subject in that class'LI'~cat~on, becaus~ ~t had pr(~viously been zoned bus~ness and becaus~ the ~te is too sma]] to eve~.' be considered for the rals~n~u cf crcps. FiNANCiAL ASPECTS OF NCNCC, NFOP{,:ITY As was s~.ated previously, the subject parcel is develoc, ed con~nercia].ly w"th a small restaurant occupying only ~ of the s~te. Since the Town 5oerd changed the zentn~ class!f{ca- tion from bu::incas to residen~'~.al, the use is now nonco~fcrm~ng. !t diO tonforr~ to local zoning ~nsofar as use and setback ~'e- suiremen{~are concerned when bu~.lt in 1971. When ~he zoning was chan??d to ras~dential the use 'bec~e nonconforming. [~ore s~eci{'[cally, it no longer complies wish the l~st cf Permitted uses :n '.,~tah district. As such, the current owner a~.J any f,~ture owner i.s severly l~_mii, ed as to the improvements he may 'naAe to the restaur'~nt. Pot examu!e, it may not be reconstr~czed or structu?'s].ly ,~tered by mere than 50}~ ef the value e, ~t- i.n6. Zince the curFent building is of modest size and only a :.~ma.l]_ portion of th~~ sJte~ t~e reasonable csx}a~ilitle~; cau never be real,zed ~lnder its current stat:~s. The additiof of r.~o}'s seats.~ a dance floor or the enlar~lemen% of the k!tcJ'~en fs.u'Ll.i.t;es arc virtually eliminated. 2 chan~;e of use Bo one previously mortal, trod in the zone is nc lon6eF Dcrm.'[tted. A nonconforminE uss may ~'~c.t s~fi}stittlted for auotheu. Other limitations .imposed u;'~on n_,ncon- formln~i uses ar~} addressed to repair in case of d~::a6e by ri. re and discontinuance of the use entirely if it [s clo-~eo b~}yond a certain T~er.lod of time. All of these restraints ara· ci~viously i_mposed for a s~ngle uurpose~ that is to cause the ult?_:~ate demise -6- of a use as it loses its vJtalJ.ty. This is acceptable ~_£ there is a rea. sortable alternate use fcra given site. The existing use, however, w.i.!] deteriorate (due to the virtual of improvements), and a.s such it will deter other ~o~.ent[a! users from ~:.velo~ing on their s~.~rrounding busi. ness ~rcDe'~"t~_es. The Town haa¢ initiated the groundwork for the alteration of the area in a negative manner and has not exercised its zcn.:.n~Z ocwer in the best intere.~ts of the welfare of the con~un!Vy. The tore.~ent owner f s desirous of selling the land and build.i, ng, b~t cannot ~]o so under oresent conditions. No ~rudent ~urchase~:' would be willing to ourchase the restaurant w'th the intent=on or carryfng on such a use without the prosoect o~~ grow- ing in accordance with the capabilities of t?~e land and to the needs of the existing an~ fixture needs of the community a.s por~ulation centers s~ft and grow. THE LCG~C iN CREATING A NONCONFORMING USE zt .'].:; :~omet~me'.-; reasonable for a municipality tc 'zone out" existing u~_:es. This may be true where a use is incons:.stent with the immediate neighborhood; or ~erhaps noise, smoke, vibration, f~aes, dust, odor or excessive light violate the health, :;afety and genera], welfare o~' the community. In such a case the ~overn- ~ng body has a right to protect the neighborhood, and on~t cf ways to do sc is to eliminate the obnozious use from the list of ~ermLtte~ uses ~ the particular zoning district, or by cho.n~ing the zone. The fo~er method is most reasonable, since -~t ~re- serves the established value of the land and building, in the ~nstant ease, however, the use is not obnoxious and there ~s no -7- e~tablished rasi_dential neighborY, ood in the usual sense~ a colon,v of dweili~qgs tl~at support ~n elementary school. Yet the Town F~oar~ ~ezoned the parcel out of ~y business or industrial ~strict and ~laced it ~n the most restrictive residentS.a! district. This is unconscionable. It is an ~mwarranted act and without ~rcv- ocatio~ s~mce tha restaurant use was and st~ll is a ~erm~tted use in the Bus~es~ zoning category. ~urthermore~ ~elthar ~t, ~or any ~f the ot~er ~erm~.tted uses normally have character~st!cs warrant- in[6 the Tow~ to make t~em nonaonforming. To bake the inco~m~stency one ste~ furt~er~ all ~,~.rround~ng properties (previously descr~bed~ that are zcned fo,- busfnes~ or ~ndust~'~a] uses, Out are va. ca~t, have retai.ned the:? zen!ns status but the sub.iect u~on which there exists an establi shed bus~.mes~ t~e ham vLrt~a]].y been zoned out of business -- ~n both senses e~ %~:e mord. .If ~.n fact it could be ~roven that is ohmoxio,~z an~] f~h~t it should be 'terminated, then zh.:t u~:..: '~hct~ld se el[re!hated from the permitted hist wlt~in the Bus~ne~:~ ~ecau:~e 'if it is obnoxious at one location, then tee it would be elsewhere. Also, [uf it was determined after due ~tudy that rq~siness and IndustrLal zoning f_n ~eneral will not be needed %0 serve the c~,n~mun!.ty, then all parcels should have been rezoned. Therefore, the Town's act wss arbitrary~ capricious and al!scrim!note, fy a~alnst one ~rooerty owner. He w][il suffer irreparable the ~o'~nt where t~o value whatever remains so long a:~ it ~'.~ 'zcned Residence A. Ha ha:z been unreasonably ~rohiblted f,~c~?. !t.?rovfng and c~rryinf~ on ~,.:,c[t activities that will enhance arw~ mro~e~'v~ value of the property. Imstead, the action Drovide.~; for ultimat~', e]im[rmt~om, by attrition or otherwise, oF t~e in~ta:tt ~erhaDs it wa~ the Towl:,'s desire to m' ,~J_mize the a~'d'~ a'.onOe~u'mt~o~n co.~ts b[~ the 'Ztat~ of i'Tew Yetis, ~n !r,/:~, iimJnar'o, ~l.snn~_n~ studv., was made by the New vor-k_ ~,~.:,~.~'-'~,-. c .... .~cm, 2ndicatin~ a ~'~ossible extens~o.u Lon~ island [:;xp~es.:~wa2f eas~er].y from its presenb fermi_hue '"~,._verbea~ Town to the new ~ounty ....... ~. That was ~s. ....~-~,~s~,,.__~., that st~ll has no .- -+ ..... .~t,~,~uo~ ther'e are no furies set as!de Fo~- drawinga~ ]and .n. cuuisit'[on or consbruction. There a~'~ Cor atvanc~] ]~nd accu~sition and t~a prcposal is not ~n the Dan.?rhr,'a~t':.: ]_[)-year proGrsn:.. 7f it does ~a~n ~va~_,=, nc'n- ,_sr'.tction w~:uld be 10 years olus. A,~ an~r rate, the ccuz't"o: cf the co~.lrt:~, it ;'s not the functlon of zoning to vi. 1 ul~<.t2" land sc t~:a~ thc m'Lnicina2it;/ wLll be able to uurchase~ :~7~ ~ u;~'ice ' ~ } .... the it ann-cars, agt, era ohys~-cal exam~_nat!en of t~'~e ':!_re and the sur'rour~din~ area, that the zoniu~ pattern estab!!sb~] time eeo "u the vicfi, nity of Mtdd!e Rca, d and Sound Aver~:'~ was reo_scn- ae~e. There J s no apparent reason %o change that zon~n.:7 at this Lime, and £'snec'Lally on a site already used for ~urmoses, To ~c so ia c~ot zoni_ng in reverse. To dc .=~c ~:~ tanta- mcunt to confiscat~on o~ property without ~uc orocess of the an:] without a~;y va].~.d res. son. The municipal.lty has ab~.~e,-~ -7 "oolice power':, to promote tlne health~ safety al~d geners~l welfare of the community. %'Iith the Drev~ous rezotning of the sub.!ect, the muni. cipality has violated one of the obi[actives of zonlng, which is to con:~erva property values, ]ns'read, the rezoning l~as resulte~J in d~,pressing t~e value of the subject and i.t will resu].t in c'?.ang~n~ the character of 'the area. Ail traditional planni~lg concepts suoport the arg'.:me_~-c ~n behalf of ~eturn~ng tl~e subject to ] ts original busir~.-a~ ~o~in~ classification. Therefore, it :is respectfully requeste:~ that the sub.iect narcel be rezoned in ~ts entirety from Resi. dence A to B Light 7~us-~ess D:strict. LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AIKEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Building Zone Ordinance of the Town of Southofd, Suffolk County, New York, public hearings will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, in said Town on the llth day of April, 1978, on the following proposal to amend the Building Zone Ordinance (including the Building gone Maps) of the Town of Southold, Suffolk County. New York_ 7:30 P.M. by changing from "A" Residential and Agricultural District to "B" Light Busthes~ District the property of North Fork Manor, Inc. situated at Mattituck, New York, and moreparticularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is in- tersected by the westerly side of land now or formerly of Long Island Lighting Co. and running thence along the northerly side of Sound Avenue, the following: (1) North 85 degrees 0,3' 20" West, 180.80 feet; (2) North 79 degrees 56' West, 108.81t feet: (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; Northwesterly along a curve which bears to the right and has a radius of 390.0 leer, a distance of 134.34 feet: thence along a curve watch connects the northerly side of Sound Avenue wi th the southerly side of Middle Road, northerly northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83,66 feet; thence along the southerly side of Middle Road, the following: (I) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) (continued on page 16A) easterly :, ong a curve which bears to ~e right ,a,d l~as a radius -, 28207¢ teat, a distance of 109.39 feet; thence along lan6 now or h)rmerly ot Joseph Gilles, South 35 degrees 3B' 59" East, a distance of 169.94 feet, thence along land now or formerly of Long Island Lighting Co. ] the following: (t) South 54 degrees 44' West t00.0 feet: t2) rI~I'I'Y OF S~IFFOLI(., South 35 degrees 16' East, l' aS: l~3.72 ieee to the nor therly side of Sound Avenue at the point or place of Beginning. Con- O¥ GU_qTAVSON beiuq duly Sworn, raining about 2~ acres ................................... , R:00 P.M. by changing from ' A" Residential and thtlt .. HE... is Printer and Publisher o! the SUFFO~-K Agricultural Dis trict to '%I-1" General Multiple ktesidence ~KLY TIMES, ~ newspaper published ~xt Gr~nport, in soid District the property of Nicholas Aliano and Pa'tricia ~ty; ~nd {hat the notic~:, o! which the annexed is ~ printed Krupski, situated at Cut- chogue, New York, and more ', has been published in the a~id Sutf0olk WeeklT Times particularly hounded and described ' as follows: in each w~ek, tot ......... .0..I~: .............. weeks BEGINNING at a monument at the intersection of the essively oommendn9 on tho ...... TI~AqT.Y-,TH'/;RD .... easterly line oi Duck pond Road and the southerly line of Duck Pond Road which monmnent is distant North 29 degrees ,50' 50" East 213.08 feet ~rom the northwesterly corner ut lanas ut N. thence from said point of beginning running North 52 degrees 31' 10" East partly through lands of N. Miano and Patricia Krupski to lands of R. Hummel; thence along said lands of R. Hammel and J. Zahoski the [ollowing two courses and distanceS: II) South 45 degrees 52' 4O" Easl ,~9.06 feet; and (2) South degrees 17' 50" East 367.21 feet; thence [rom said point running along lands of Aliano et anO. South 43 degrees 42' ~0" West 946.44 feet to lands Fellinger-Ihar: thence along said last mentioned lan~ North 42 degrees 01' 40- West 465.90 leer to the southerly side of Duck Pond Road; thence along the southerly side of Duck Pond Road North 29 degrees 50' 50" East 213.08 leer to the monm-nent at the 9oint or place of Beginning. Any person desiring to he. heat'~i on the above proposed amendmen! should appear at the time and place above so specified. DATED; March 14, 19~B BY ORDER OF THE Sou'rHOLD ToWN BOARD JUDITH T. TERRY, TOWN CLERK lTM25-2941 NOTICE OF HEARING ON PROPOSAL TO .~ zo~ Put the nlents York, held Board, Hall, of ~ ,e~l,. uire- of .~W ~ni~ be To~n IIth, follo~g the Map~ old, ~ York. "A' t Residentilil tur~ Zone -Light Inc. New of .NORh situatad at York, and bounded az follows: BEGINNING at a point o{~ the northerly side of Sound~a~venue where same is inter~ed~ by the westerly side of laud now or formerly of ~ng Islaud Lighting Co. ~d runn~g thence along the nor- therly side of Sound Avenue, the follo~ng: (1) No~h ~o 0Y 20" West, 1~.~ feet; (2) No~h 7~'~,, 1~.~ ~ , ="~ 1~-~ f~t; (4) ~~ly ~ong a e~e ~{ch ~s to the right and haz a radius of 3~.0 feet, a distance of 134.34 feet; thence along a cu~e which ~nneets 'the noRherly side of Sound Avenue with the southerly side of Middle Road, no~herly and noRheasterly along a eu~e which bears to the right and has a radius of 40.0 feet, a distance of 83.~ feet; thence along the southerly side of Middle Road, the bllowing: (1) Easterly ~ong a eu~e which bears to the right and has a radius of 2~8.79 feet, a distance of 287.69 feet; (2) easterly along a euwe which bears to the right.~d has a radius of 2820.79 feet, a distance of 1~.39 f~t; thence along land now or brmerly of Jospeh .Gilles, South 35° 38' 50" East, a distance of 169.94 feet, thence along land now or COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVEleR-WATCHMAN, o public newspaper printed at Southold, in Suffolk Count'/; and that the notice of which the annexed is a printed copy, has been published in said Lono Island Traveler-Watch- man once each week for ........ ~/. ............................. weel~ successively, commencing on the ..~ ................................ formerly of Long Island Light- ing Co., the following: (1) South 54° 44' West 100.0 feet; (2) South 35° 16' East, 183.72 feet to 'the northerly side of n to b~fore rrm this ................ "~--~... cloy or Sound Avenue at the point or ':;/~/]__ place of Beginning. Contain- . ....................19..'~..~.. lng about 2% acres. 8:00 P.M. by changing from "A" Residential and Agricul- tural District to "M-I" Gen- trict the property of Nicholas ................... Aliano and Patricia Krupski, Notary Public situated at Cutehogue, New York, and more particularly bounded and described as CLDeFNF j. THOMPSOR follows: BEGINNING at a monument at the intersection of the easterly line of Duck :,~,,~-,~; Pond Road and the southerly line of Duck Pond Road which monument is distant North 29° S0' S0" East 213.08 feet from the northwesterly earner of Any person desiring to be lands of N. AlJano; thence heard on the above proposed from said point of beginning amendment should appear at running North S2° 31' 10" the time and place above so East partly through lands of N. specified. Aliauo and PatrJcJa ~rupski to Dated: March 14, 1978 lands of R. I-lammel; thence BY ORDER OF THE along said lands of R. Hammel $0UTHOLD TOWN BOARD and J. Zuhoski the following SUDITH T. TERRY, two (2) courses and distances: TOWN CLERK (1) south 45~ S2' 40" Eazt IT-3/23(405) 39.06 feet; and (2) South 46° 17' S0" East J67.]l feet; thence.from said point running along lands of AlJ~no et aha. South 43° 42' 10" West 946.44 feet to lands of Fellinger-lhar; thence along said last men- tioned lands North 42° 01' 40" West 465.90 feet to the south- erly side of Duck Pond Road; thence along the southerly side of Duck Pond Road North 29° S0' S0~' East 213.08 feet to the monument at the point or STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: J-ODITH T. TERRY, Tow~ Southold, New York, being duly sworn, age of 19 78 notice most public place in the Town of York, to wit:- Town Clerk Bulletin Board, Main Road, Southold, Clerk of the Town of says that she is over the twenty-one years; that on the 16th day of March she affixed a notice of which the annexed printed is a true copy, in a proper and subs.tantial manner, in a Southold, Suffolk County, New Town Clerk Office N.Y. 11971 Notice of Public Hearing - Change of Zone Application of North Fork Manor, Inc. - 7:30 P.M., April 11, 1978 Judith T. Terry, T~n Clerk Sworn to before me this 16th day of March 19 78 N~tary Public LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant Building New York, at the Southold Town Hall, Main Road, Town on the llth day of April, 1978, to amend the Building Zone Ordinance Maps) of the to Section 265 of the Town Law and requirements of the Zone Ordinance of the Town of Southold, Suffolk County, public hearings will be held by the Southold Town Board Southold, New York, in said on the following proposal (including the Building Zone Town of Southold, Suffolk County, New York. 7:30 P.M. by changing from "A" Residential and Agricultural District to "B" Light Business District the propert~ of North Fork Manor, Inc. situated at Mattituck, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of sected by the westerly side of Lighting Co. and running Avenue, the following: (2) North 79© 56' West, Sound Avenue where same ~ inter- land now or formerly of Long Islan thence along the northerly side of Sound o (1) North 85 03' 20" West, 180.80 feet; 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, distance of 135.60 feet; (4) Northwesterly along a bears to the right and has a radius of 390.0 feet, a curve which a distance of 134.34 feet; side of Sound Avenue with the southerly side of Middle Road, northerly and northeasterly along a curve which bears to right and has a radius of 40.0 feet, a distance of 83.68 thence along the southe fly side of Middle Road, thence along a curve which connects the northerly the feet; the following: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along ~nd now Page 2 Legal ~otice or formerly of Joseph Gilles, South 35° 38' 50" East, a distance of 169.94 fee~, thence along land now or formerly of Long Island Lighting Co., the following: (1) South 54© 44' West 100.0 feet; (2) South 35° 16' East, 183.72 feet to the northerly side of Sound Avenue at the point or place of Beginning. Containing about 2~ acres. 8:00 P.M. by changing from "A" Residential ~nd Agricultural District to "M-i" General Multiple Residence District the propert5 of Nicholas Aliano and Patricia Krupski, situated at Cutchogue, New York, and more particularly bounded and described as follows: BEGINNING at a monument at the intersection of the easterly line of Duck Pond Road and the southerly line of Duck Pond Road which monument is distant North 29° !50' 50" East 213.08 feet from the northwesterly corner of lands of N. of beginning running North 52° 31' of N. Aliano and Patricia Krupski to along said lands of R. courses and distances: and (2) South 46° 17' 50" point running along lands West 946.44 feet to lands last mentioned lands North 42° 01' 40" West 465.90 southerly side of Duck Pond Road;.thence along the of Duck Pond Road North 29° 50' 50" East 213.08 feet monument at the point or place of Beginning. Aliano; thence from said poin! 10" East partly through lands lands of R. Hammel; thence Hammel and J. Zuhoski the following two (21 (1) South 45° 52' 40" East 39.06 feet; East 367.21 feet; thence from said of Aliano et ano. South 43© 42' 10" of Fellinger-Ihar; thence along said feet to the southerly side to the Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. DATED: March 14, 1978 BY ORDER OF THE S~JTHOLD TOWN BOARD J-ODITH T. TERRY, TOWN CLERK Page 3- Legal ~'~t~ce PLEASE PUBLISH ONCE, MARCH 23, 1978, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. 11971 Copies to the following on March 16, 1978: The Sllffolk Times The Long Island Traveler-Watchman William Wickham, P.C. Richard J. Cron, Esq. P ~D S ' JOHN WICKHAM. Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr. PREDERICK E. GORDON JAMES WALL Sou[hold. N.Y. 11971 March 13, 1978 TELEPHONE Southold Town Board Town Hall Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held January 30, 1978. RESOLVED to recommend to the Southold Town Board denial of the application of North Fork Manor, Inc., Case No. 237, for a change of zone for property located at Mattituck, New York, from "A" Residential and Agricultural District to "B" Light Business District because it is not in conformity with the use laid out of development of a high speed access road and the discouragement of business on that road is laid out in the development plan of the Town of Southold. Mr. Wick_ham stated that the original site plan is in violation since the barrier to access to Route 27 was removed, apparently, by the operator soon after it was erected. It is our opinion that a business is not viable in this location because of the physical nature of the interchange. The removal of the barrier under- scores the fact that a business cannot be operated here without direct access to County Road 27. Yours truly, Muriel Brush, Secretary Town of Southold Planning Board Suffolk County Department of Planning H. Lee ~ennison E%ecutive Office BuilHing Veterans }lamorial High,ay Hauppauge, i]ew York 11707 March 3, 1978 (516) 979-2918 Petitioner: North Fork Manor, Inc. Mun. File No.: 237 Zoning Action: "A" Residental & Agricultural to "B" Light Business S.C.P.D. File ~o,: SD-75-5 Gentlemen Pursuant to the reouirements of Sections lq23 to 1332 of the Suffolk Connty Charter= the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or disapproval. Comments' Subject to compliance with any requirements set forth by the Suffolk County Dept. of Public Works. Appropriate vehicular access, use and buffering restrictions warrant consideration. Very truly yours, Lee E. ~oppelman Director of Planning GGI{~ Jk cc: Town Clerk GeralO G. ~e~an Chief Planner WILLIAM WICKHAM, F,.C. November 28, 1977 Ms. Judith Terry, Town Clerk Town of Southold Main .Road Southold, New York 11971 Re: North Fork Manor, Inc. (Koursoaros) Dear _Ms. Terry: In accordance with your requ_ irements and suppl~nenting petition for reclassification of zoning on b=--half of our client, ~ enclose herewith six copies of survey and map showing adjoining properties. Please acknowledge receipt of petition, notice and necessary survey and map on pestcard provided. Thank you. EJB: DH: cs Encs. Very truly yours, Eric J. Bressler WILLIAM WlCKHAM, P.c. November ~ , 1977 Clerk Town of Southold ~in Road Southo] d, N.Y. 11971 Re: North Fork M~nor, Inc. Petition for Zoning Reclassification Dear 5~rs. Terry: Ne e~lose herewith original and coi.'.~e~ of petition on ben, all of the above corporation, together with notice of petition fo~,~rded to appropriate parties with affidavit of service by certified mail. Also enclosed is check in the amount of $100.00 representing fee in connection with this matter. Kindly acknowledge receipt of the enclosed doc~nents on postcard provided and advise as to date of hearing regarding this matter. Ve_r¥ %ruly yours, F~ric J. Bressler JUDITH I TERRY TOWN CLERK I~EGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-[801 December 7, 1977 $outhold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is petition of North Fork Manor, Inc. requesting a change of zone from "A" Residential and Agricultural District to "B" Light Business District. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommenda- tions. Very truly yours, Judith T. Terry Town Clerk WILLIAM WlCKHAM, ..¢. November 28, 1977 Ms. Judith Terry, Tow~ Clerk Town of Southold Main Road Southold, New York 11971 Re: North Fork Manor, Inc. (Koursouros) In accordance withy our requ_irements and supplementing petition for reclassification of zoning on behalf of our client, v~ enclose herewith six copies of survey and map showing adjoining properties. 21ease acknowledge receipt of petition, notice and necessary survey and map on postcard provided. Thank~.~u. F~/B:DH:cs Eries. Very truly yours, Eric J. Bressler WILLIAM WlCKHAM. ,.c. November ]~ , 1977 Clerk ~n of Southold ~M~in Southold, N.Y. 11971 Re: North Fork M~nnor, Inc. Petition for Zoning Reclassification Dear ~[rs. Terry: We enclose herewith original and co~s of petition on bel~alf of the above corporation, together with notice of petition for~,~rded to appropriate parties with affidavit of service Dy certiFie.~t mail. Also enclosed is check Jn the amount of $100.00 representing fee in connection with this matter. Kindly acknowledge receipt of the enclosed documents on L~ostcard provided a~ advise as to date of hearing regarding this matter. Very truly vours, Eric J. Bressler E~:~ ~cs. CASE NO: ...~../... .... STATE OF NEW YORK TOIVN OF SOUTHOLD LN THE MATTER OF ~ PF, TrrlON OF NOR~/~ FORK MANOR, INC. FOR A CI{A-NGE. MODIFICATION OR A1ViEN-DMENT OF THE BUILDING ZONE OI{DIN- ANCE OF THE TOWN OF SOUTHOLD. SU~'~'OLk COUNTY, NEW YOPd(_ PETITION TO TH]g TOWN BOARD OF TI{E TOWN OF SOUTHOLD: 1. I, ...]~]Dt~:I~'.Q[gI~LI~{NQI~,.-llgC ..................residing at ~9...u~...d....B...~...c..h......~...i..v..e.,..~.~.~i~uck, N.Y. (~se~t name of petitinner~ 11952 Su~f0lk County, New York, the unde~igned, am the owner of certain real property sitUated at Sound Av~nu~ & County I%Dad ......................... ~.2..7. ............................... and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue where same is Jauter- sected by the westerly side of land ~ow or formerly of Long Island Lighting Co. and running thence along the northerly sidec~ Sound Avenue, the foll~ing: (1) North 85°03' 20" West, 180.80 feet; (2) North 79~ 56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of l~%ddle Road, northerly and northeasterly along a curve which bears to the right and ha~ a radius of 40.0 feet, a distance of 83.68 feet; thence along the southerly side of ~ddle Road, the following: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a' distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, Sout]~ 35~ 38' 50" East, a distance of 169.94 feet; thence along land now or formerly of Long Island Lighting Co., the following: (1) South 54° 44' West 100.0 feet; (2) South 35° 16' East, 183.72 feet to the no--6c~r--~f 'side of Sound Avenue at the .~Dint or place of BEGINNING. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To change the above described parcel, presently zoned as A-P~sidential- Agricultural, to B: Light Business. 3. Such request is made for the follo~ving reasons: Petitioner acquired the subject parcel when it was zoned "B:. A restaurant was erected in conformity with the then existing law. Subsequent rezoning to "A has rendered the parcel unsalable for all business uses other than the e~act one on the site presently. The parcel is totally unsuited for either residential or agricultural purposes and is not raarketable as such. The parcel is located on C.R. 27 at tl~e Sount Avenue in~r section and is irregularly shaped. All of the similarly located properties are zoned "B or "C". Petitioner requests a rezoning to "B" so that it may r~] ize a faJ_r return on the property. NORTH FOiLK MANOR, INC. (L. $.)B..Y."..-f~A-~.~ ~: .-~. .... Gabriel K6ugouazos STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) tic~er GABPC[EL KOUSOUROS, President of Peri/ BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that lie [las read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he beIieves it to be true. Sworn to before me this .1.~5... da), of . .N..oy. ~ ............. 19..7.7. Notary Public. EEIq~JRD P. GIIL~S North Road Mattituck, N.Y. 11952 LILCO 250 Old Country Road Mineola, N.Y. 11501 PLEASE TAKE NOTICE that NORPH ~ORK I~ANOR, /NC. , the owner of real property located at Sound Avenue and County Road #27, proposes to petiti( the Town of Southold requesting a d]ange of zone classification from A: Resi- dential/Agricultural to B: Light Business. The subject property is described as follows: BEGIAIW/NG at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of land now or formerly of Long Island Lighting Co. and running tJnence along the northerly side of Sound Avenue, the following: (1) North 85~ 03' 20" West, 180.80 feet; (2) North 79: 56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feat, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance o~_ 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of ~[iddle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the soutJlerly side of 5riddle Road, the following: (1) Easterly along a cuu~ which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of Joseph Gilles, South 35: 38' 50" East, a distance of 169.94 feet; thence along land n~v er formerly of Long Island Lighting Co., the following: (1) South 54° 44' West 100.0 feet; (2) South 35° 16' East, ]83.72 feet to tJ~e northerly side of Sotmd Avenue at the point or place of BEGINNING. The present zone classification is: A: Residential/Agricultural. 1~le requested zone classification is: B: Light Business. PLEASE TAKE FUR%HER NOTICE that petiti~ for such zone reclassi- fication will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, within five (5) days of the date of this notice, and may then be examined during regular business hours. PLEASE TAKE FURql{ER NOTICE that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective. You or your representative have the right to appear and be heard at such hearing; and a notice of such hearing will be published in the official town n~spaper not less than ten (10) days prior to such public hearing. Daqed: Nove3Noer 15, 1977 WILLIAM WICKHAM, P.C. Attorney for petitioner Main ~pad Box 1424 Mattituck, N. Y. 11952 (516) 298-8353 NORTH FORI< ~V~OR, INC. APPLICATION FOR ZONING RECTJISSIFICATION STATE OF l~J~ YORK ) :SS: COUN'I%f OF SUFFOLK ) Er,r.~,] PRESTON, being duly sworn, deposes and says tlm~t she is over 21 years of age, and resides at 903 b~in Street, Greenl~rt, That on the 15th day of November, 1977, she mailed the armexed notice of petition on behalf of North Fork ~'~nor, Inc. to each of tile follow- ing at the addresses indicated: F~tward P. Gilles North Road l~ttituck, N.Y. 11952 250 Old Country Road Mineola, N.Y. 11501 by certified mail, return receipt requested, ,at the United States Post Office maintained at Love Lane, Mattituck, N. Y. Sleorn to kefore me this 16th day of November, 1977 Notary PubSic Ellen Preston No. .~ :~ '~ il RECEIPT F~OR CERTIFIED MAIL NO ILSURANCE COVE~AOE PROVIOE~ NOT FOlIIN1TNNAI10NAL MAIL (See Reverse) SENT TO STREET AND NO P 0 . STA I'E AND ZIP CODE Mineolaf N.Y. 11501 = 2ESmICTE~ DEUVERY TOTAL PO,TA~ No. ;'~ ~ ~ ~-; ~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL fSee Reverse) {ENT TO Edward P. Gilles STREET AND NO North BDad Mattitu~2kl N.Y. 11952 ~-- ~ ~ DAYEDELIVERED · LL6 M,~ T T I TUC:K Towt,/o~ 5cu'11-/o~, N.Y-