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HomeMy WebLinkAboutKirk, Lawrence Amend.#108 WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by. ................. ~fl~'.~g.~...~:.'~ ................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Res±dent±al and lng from ...... ~gr.ic~,[L~.~r.a], ......... District to .'!.~zl.'.'....C~f~f~r.~l...~.$~-ess District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning 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 ~aid petition having been duly held by the Town Board on the ...... ;~.~b.....day of October ]9..~.9.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRA~D. DATED: NOVEMBER 8, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLEi~K NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT No. 108 NOTICE IS HERE, BY GIV- EN that a meeting of the Town Board of the Town of Southold, Suffolk CouDty, New York, held on the 8th day of November, 1978, the Town Board enacted the folldwing amendment to the Tow~ Code entitled "Code of the Town of 5outhold" together with the Building Zone Map forming a par~ thereof as follows, to wit: Amendment No. 108 am- ends the Code of the Town of Southold by changi~8 f~om "A" Residential and Agricul- tural District to "B- 1" General Business District the p~operty of Lawrence Kirk situated at Cutchogue, New York. and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the Main Road, at the northeasterly corner of land of Kirk, f~om said point of beginning run- ning along said southerly llne, North 36° 09' 00" East 100.2S feet; thence along land of John Wickham two courses and distances as follows: (1) South 49° 50' 30" East 157.0 feet, thence (2) South 40° 09' 30" West 100.0 feet to said ]and of Kirk; thence along said land North 49° 50' 30" West 150.0 feet to the point of BEGIN- NING. Dated: November 8, 1978 COUN1-Y OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys thor she is the Editor, of THE LONG ISLAND YP, AVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; :nd that the notice of which the onnexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ........ l ............................ weeks successively, commencing on the ...~. ................................ .............. ........ ................. 5worn to before me this ..... J~.~ ............. c~¥ ot ............ B'/ORDER 0I: 'IHE SOUTHOLD TOWN BOARD JUDITH T. TERRY, Clerk lT. 11/16/78 AMENDMENT Ti) TOWN ORDINANCE AMENDMENT NO. NOTICE IS HEREBY GIVEN that at a meeting of the To,~ n Boa rd of the Town of Southold. Suffolk County, New York. held on the 8th day of November, 197~, the Town Board enacted the following amendment to the Tewn code entitled "Code of the Town Southold" together with the Building Zone Map forming a part Ihereo[ as Ioflows. to wit: Amendment No. ll)8 amends the Code of the Town of Sauthold by changing from "A" Rfisidential and Agricultural District to "B-l" General Business District the property of Lawrence Kirk, situated at Cutehogue, New York, and mere particularly hounded and described as COUNTY OF SUFFOLK, l STATE OF NEW YORK, ? ss: Troy Gustavson beinq duly Sworn, says thut .. lin.., is Printer end Publisher o! the SUFFOLK WEEKLY TIMES, u newspaper published ~t Greenport, in suid county; und thut the notice, et which the annex~l is ~ p~inted copy, has been published in the ~aid Suttolk Weekly Times once in euch week, for . Pile. ..................... weeks iTN16-~96 follows: BEGINNING at a point on the southerly line of the Main SUCCeSSiVely commencing on the ... -],(>th ................. Road, at the northeasterly corner of land of Kirk, from dcoy o! .., ~[gv.ember ~,aid iht of beginning run po ne- ' ...... ,;- ' on said souther y t r,m a g- , ....... :1". ..... ......... North 36 degrees 09 00" t';~ ~ ' -- ...... to0. fee!: thence along , n to of John ~ickham two CDr . and d stances as follows ~ ~y South 49 degrees 50 30 ''-- / ' 157.0 feet. thence ,2', Soul to said land of Kirk; thence "-' ~-" West lO0 0 Ion said land North _ 49 degrees ,~ ...... Z ~,,X ~' ~o" v~t ~.9_!~t '~e~,tL-~,~-t of BEOlNl'Itt~. to rue ~'U4 -ember B THE sOUT ToWN BOARD ~IJDITIt T. TERRY ToWN CLERK STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: JUDITH T. Southold, New York, being duly sworn, age of twenty-one years; that on the 19 79 notice is a most public place in York, to wit:- TERRY, Town Clerk of the Town of she affixed a notice of which true copy, in a proper and subs.tantial manner, the Town of Southold, Suffolk County, says that she is over the 13th day of November the annexed printed in a New Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 NOTICE OF AMENDMENT TO TOWN ORDINANCE LAWRENCE KIRK. "A" to "B-i" AMENDMENT NO. 108 - '~' Judzth T. Terry, ToE Clerk Sworn to before me this 13th day of November 19 78 Notary Publ ic~ NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 108 NOTICE IS HEREBY GIVEN that at a ,Town of Southold, Suffolk County, November, meeting of the Town Board of the New York, held on the 8th day of 1978, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southold" together with the Building Zone Mas forming a oart thereof as follows, to wit: Amendment No. 108 amends the Code of the Town of Southold by changing from "A" Residential and Agricultural District to "B-i" IGeneral Business District the property of Lawrence Kirk situated at Cutchogue, New York, and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the Main Road, at the northeasterly corner of land of Kirk, from said point of beginning running along said southerly line, North 36© 09' 00" East 100.25 feet; thence along land of John Wickham land distances as follows: (1) South J9© 50' 30" Ithence (2) South 40© 09' 30" West lO0.O feet to tWO courses thence along said land North 49© 50' 30" West 150.0 liDoint of BEGINNING. DATED: November 8, 1978 East 157.0 feet, said land of Kirk; feet to the BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, NOVEMBER 16, 1978, OF PUBLICATION TO JUDITH T. TERRY, TOWN NEW YORK 11971. AND FORWARD ONE AFFIDAVIT CLERK, MAIN ROAD, SOUTHOLD 2opies to the following on November 13, 1978: The Suffolk Times Long Island Traveler-Watchman Richard Lark, Esq., a/c Lawrence Kirk Van Tuyl Land Surveyors PUBLIC HEARING October 24, 1978 7:30 P.M. IN THE MATTER OF THE PETITION OF LAWRENCE KIRK RECE;VED A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York 11971, at 7:30 o~clock P.M. on Tues- day, October 24, 1978 in the matter of the Petition for a Change, Modification or Amendment of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York of Lawrence Kirk. PRESENT were: Supervisor Albert M. Martocchia Justice Martin L. Suter Councilman James F. Homart Councilman Henry W. Drum Councilman William R. Pell, III Town Clerk Judith T. Terry Town Attorney Robert W. Tasker ABSENT was: Justice Francis T. Doyen Councilman Homan read the legal Notice of Hearing as follows: PURSUANT TO SECTION 265 of the Town Law and the requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall~ Main Road~ Southold~ New York, on the 24th day of October, 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-i" General Business District the property of Lawrence Kirk situated at Cut- chogue, New York~ and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the Main Road, at the northeast- erly corner of land of Kirk, from said point of beginning running along said southerly line, North 36° 09' 00" East 100.25 feet; thence along land of John Wickham two courses and distances as follows: (1) South 49° 50' 30" East 157.0 feet~ thence (2) South 40° 09' 30" West 100.0 feet to said land of Kirk; thence along said land North 49° 50' 30" West 150.0 feet to the point of BEGINNING. Any person desiring to be heard on the above proposed amendment should Page 2 PUBLIC HEARING October 24, 1978 7:30 P.M. - LAWRENCE KIRK appear at the time and place above so specified. DATED: September 26, 1978. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY~ TOWN CLERK COUNCILMAN HOMAN (continued): I have proof of publication in the Suffolk Weekly Times, duly notarized. I have proof of publication in the Long Island Traveler Watchman, also duly notarized. I have an affidavit from the Town Clerk that this has been posted on the Town Clerk's Bulletin Board in the Town Hall, in Southold. I have the following letter from Southold Town Planning Board and addressed to the Southold Town Board: September 18~ 1978 Gentlemen: The following action was taken by the Southold Town Planning Board at a Regular Meeting held August 28, 1978. RESOLVED to recommend to the Southold Town Board approval of aDp~ication #239 of Lawrence Kirk requesting a change of zone from "A" Residential and Ag- ricultural District to "B-i" General Business District on certain property at Cutchogue, New York for the following reasons: (1) It is in conformity with the Development Plan of the To~n of Southold; (2) It is in keeping with the continuity of the business district in the hamlet of Cutchogue; (3) The Planning Board basically agrees with the reasons in the application. Vote of the Board: Ayes: Raynor, Coyle~ Gordon. Abstain: Wickham. Yours truly, Muriel Brush, Secretary COUNCILb~N HOMAN (continued): I have from the Suffolk County Department of Planning dated September 8~ 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. Comment: Appropriate use and screening restrictions warrant consideration to insure comparability with adjoining lands used for farming purposes. Very truly yours, Gerald G. Newman, Chief Planner Page 3 PUBLIC HEARING October 24, 1978 7:30 PoM. - LAWRENCE KIRK COUNCILMAN HOMAN: I believe that's all. SUPERVISOR MARTOCCHIA: You have heard the reading of the legal Notice and the request to change from A-Residential and Agricultural to B-1 General Business in the application of Lawrence Kirk. It has been legally advertised in the reading in the Suffolk Times and the Long Island Traveler Watchman, two of our local papers and one being the official paper, and that it was posted on the Bulletin Board of the Town Clerk. Also you have heard the comments of the Town Planning Board recommending approval, that it complies, and the Suffolk County Department of Planning as to local determination. At this point in time is there anyone who wishes to speak for the applicant, Lawrence Kirk or his repre- sentative? RICHARD LARK, ESQ.: I believe the Board has a copy of Mr. Kirk's Petition and the various exhibits attached to it, is that correct? COUNCILMAN HOMAN: Yes. MR. LARK: I'll be referring to them and I'll try to be brief. I also brought along, sometimes a picture is more valuable than words, and it may save some time. A sketch~asdone by Mr. Kirk to kind of pictorially show the Board what he has in mind when it's all done, if the Board does grant this change of zone. As indicated in the Petition, Mr. Supervisor, the Petitioner~ Lawrence Kirk, is the owner of property known as Fisher~tan's Rest which I think the Board is pretty much well aware of. The property that he does own is irregular in shape. It's 105' on the southerly side of Main Road and runs to a depth of 300 to 400' about 260~ 280 deep, but runs in irregular fashion towards the rear. Mr. Kirk has been presented a problem since his taking over ownership of the Restaurant with parking, off-street parking for his customers. It has presented a problem to him, especially in the summer months. Also, the Board should be aware that the way the parking lot is presently situated in the rear of his Restaurant that the ingress and egress~ he has an ingress on the westerly side which hasn't presented too much of a problem because the driveway is wide enough but the egress is shown on, I believe it's Exhibit II that the Board has, has been a particularly hazardous problem for both he and his customers, especially during the winter months of th e snow and ice and trying to get out on the Main Road especially when there ~re hazardous conditions of snow, ice, rain and there are people parking on the Main Road. It has presented a problem. So he was afforded an opportunity by Mr. Henry Wickham, the owner of the adjacent parcel of land which you can see on the attached exhibits, that parcel of land being approximately 100 feet on the southerly side of Main Road and having a depth of about 150 feet to purchase this land, and he is as indicated in the applica- tion a contract vendee of Mr. Henry Wickham, the contract of course being con- tingent upon the Board approving the change of zone so that he can have his restaurant parking areas widened and also to change around the interior of his present Restaurant to allow for a main ingress and egress to the Restaurant proper on the easterly side of the building. Right now he cannot do that be- cause if he put an entrance on the easterly side, they w~uld be coming right Page 4 PUBLIC HEARING October 24, 1978 7:30 P.M. - LAWRENCE KIRK onto a driveway, his patrons, and it would be a hazardous condition. This plan as indicated in the sketch or as Exhibit IV is to primarily widen his parking area to provide more off-street parking and to provide a wider and suitable egress so his patrons on leaving the parking area and going onto the Main Road, whether it be in the easterly or westerly direction will have better visibility on exiting onto the road. As I indicated before, right now it's awful tight as you come right out at the end of the drivewa~ the building~ and you're right on the street there and it is a little confusing and difficult. The property that he is purchasing as I've indicated is only .352 of an acre and it's 150' by 100' and there exists on there three buildings that are currently being used as rental residences and have been for many~ many years. Unfortunately the buildings are in pretty bad shape and the building inm~ediately next to the Fisherman's Restaur- ant is beyond any form of rehabilitation, so it's Mr. Kirk's desire to raze that building and use it for parking, and the same with the garage. It shows on the survey as garage, actually it's being used as a residence and has been for many years. That also doesn't come up to standards and he intends to raze that also and use it for parking. The dwelling on the easterly portion of the premises, however~ is an old building, and although it is in a state of disrepair Mr. Kirk feels it would be in the interest of everybody to try to preserve that building if he can; and he proposes as seen in the application to convert that to ar to eliminate the residence portion of it and to convert it into a gift shop which he could use as an accessory use to his Restaurant and to try to make a unit- ized situation in conjunction with restaurant business. I know the Board is familiar with the property, the area, and I won't dwell on it to take the Board's time going over each and every detail that he proposes. I think the Board can get a pretty good idea of what he wants to do. As indicated by the Planning Board it is in conformity with the Master Plan of the Town of Southold and been left for local determination by the Suffolk County Planning Commission. I would add that although he will have to get site plan when he goes to do his parking, renovations and so on and so forth, it is his intent to put suitable screening between his property and the neighbor to the east~ which is Mr. John Wickham, so that the parking and restaurant use will be separate and apart from the Fruit Farm and Stand use which is immediately adjacent to the east. Mr. Kirk and his wife who operate the Restaurant are both here, and if the Board would like to ask them any questions as to their intent or what they intend to do, they would be perfectly happy to answer anything. Again, I know the Board is familiar with the property and I didn't want to belabor the record with a long, drawn out dissipation~ but the primary reason that Mr. Kirk is interested in purchasing this property is to provide (a) addi- tional off-street parking and (b) to relocate his entrance, his main entrance to his Restaurant~ to put it on the side. Right now as the Board is probably aware of, he has a front entrance on the Main Road and a rear entrance on the parking lot, and it makes it rather awkward for his patrons, especially when it's crowded in the summer; they have to walk from one end to another. By putting it on the side it would be a more centralized entrance and people going to the Restaurant area wouldn't have to traverse the bar and vice versa. I think it would make a better situation, and I think the present use of the property is nonconforming in the sense that although it is zoned "A" Residence Page 5 PUBLIC HEARING October 24, 1978 7:30 P.M. - LAWRENCE KIRK Agriculture, the density of three residences on the property far exceeds our current standards~ so it would be an upgrading of the property even though we are downzoning the property going from a Residential to a Business use by providing off-street, additional off-street parking space and renovating the easterly building to what his current plans are, an attractive gift shop. SUPERVISOR MARTOCCHIA: Is there anyone else who wishes to speak in connection with that application? (There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone who wishes to speak in opposition to granting that change? JOHN WICKHAM: Mr. Supervisor and Town Board, my name is John Wickham of Wick- ham's Fruit Farm. I wish to first make a few corrections. No. 1, that the property is not owned by John Wickham. with the County Clerk known as Wickham~ myself, my wife Ann L. Wickham, and Dr. the terms of partnership agreement the Second point of correction is perhaps residences on the property although it' gets relegated to the chicken house on are two residences instead of three as It is owned by partnership duly filed s Fruit Farm with three people partners, Thomas H. Wickham who is also under farm manager when he is in this Country. more or less formal. There are two s entirely possible that Mr. Envitts some occasions. Nevertheless, there stated. SUPERVISOR bIARTOCCHIA: Some people get the dog house. JOHN WICKHAM: Yes, that's right. The third thing which the Board should know is that my brother, Henry Wickham and the widow and heir of my brother, Parker Wickham~ divided the estate of my father and my aunt three ways, and at that time I declined to accept the two residences mentioned because I managed them for about 35 years at that time, and was sick of it. My brother, Henry, agreed I think reluctantly, and at the present time is rather happy to get rid of them hopefully, Larry. There's one other point that needs to be stressed here and that is, and you will find it in the Planning Board minutes of, I think it's August 10th, that there was quite a long discussion with the United Fire Company, No. 1 Cutchogue Fire District, who wanted to put a road in just where Larry wants to put this entrance or driveway, and that was going to be a public road at that time to serve the Fire Company and go on down along my boundary, and at that time it was mine. At that time it was, my brother and I had agreed to a swap, the Fire Company had arrived at a figure and the thing was pretty well settled, and one of the interesting things about it is the thing which apparently squelched the deal was the action of the then owner of the Fisherman's Rest, and the referendum failed. LAWRENCE KIRK: Not to be confused with the present o~ner. MR. WICKHAM: No question about it. I said the then owner. No relation, and Page 6 PUBLIC HEARING October 24~ 1978 7:30 PoM. - LAWRENCE KIRK I'm sure it wouldn't have happened now. There is one other thing which ought to be said here at this point, and that is, and again as mentioned in the Planning Board minutes, and that is that Mr. Kirk and I and Mr. Lark entered into a rather detailed exchange of ideas about the possibility of exchanging land which I own for frontage on the easterly side of this property with the thought that that property, the subject property is only 150' in depth and I had property immediately behind it that I wasn't using and would exchange and pay the boot the difference of the value in frontage; and for some reason which I am not able to determine and I think which Mr. Lark is unable to deter- mine, the negotiations were dropped and it was decided to bring this Petition. And this is all by way of background. If the Boardhasnot read the Planning Board minutes of that day, I have them before me and I would just like to skim through them and make some of the points. "One other thing, Mr. Wickham asked that the following comments made by him be placed in the minutes. He wants the Board to know and the minutes to show that some time ago there was this road proposed by the Fire Company. He also wanted the Board to know and the minutes to show the partnership that has been the discussion which we have just mentioned, it is Mr. Wickham's feeling that this would still make more sense rather than having an L-shaped parking lot, and this strip hardly, or it goes very little passed Mr. Kirk's present building. Mr. Wickham said the Planning Board has usually required a buffer strip and a residentially zoned buffer strip in many cases. He agrees with the need for a business zone for the western part of that parcel, but rather than change the zoning where the historic house is, perhaps the oldest in the Village of Cutchogue besides the Old House, Mr. Kirk's ends could be gained just as well by maintaining that house for the purpose he wants it with a variance from the Board of Appeals. Mr. Wickham would be happy to have a gift shop there as it would probably help his business. It is fearful if something happened to Mr. Kirk that a future owner might want to take Fisherman's Rest down and rebuild the entire length of the frontage. He concurs with what Mr. Kirk wants to do, but from his point of view, mind, feels there is a better way to do it. It wouldn't cost any more. Mr. Raynor pointed out that the Board would have to act on this submission. Mr. Wickham said he wasn't basically opposed but other members of the Wickham Fruit Farm partnership would be because Fisher- man's and Seven-Eleven across the stree~ mur parking lot and the parking lot of the partnership services the community rather well, and this is the point I want to follow up." And to do it I have prepared a statement so there be no misunderstanding~ I shall submit it. I would like to again repeat this statement made to the Planning Board, "Mr. Kirk needs additional space for parking ingress and egress. This part should be zoned B-1. I agree with him that it should be on the west side of the property. So far so good. Beyond this I have no objection to the use of the historic Corwin house on the east side of the property as a gift shop as he proposes. However~ I firmly believe that this petition should be denied since all of the requested uses might be granted in a manner that would serve the to~n and the adjacent property more fairly. I respectfully suggest that the Tow~ Board deny this request or ask that it be amended to include only the west half of the sub- ject property, and that the petitioner file an application with the Board of Page 7 PUBLIC HEARING October 24, 1978 7:30 P.M. - LAWRENCE KIRK Appeals for a variance to operate a gift shop in the old Corwin house. My reasons for this are as follows: 1. If the zone is changed, the Town loses all control of this historic house supposed by some to be second only to the Old House in Cutchogue Village. 2. The Town may not place restrictions on any use granted in the B-1 3. Because the Town may not place restrictions (contract zoning) they cannot require the use and screening restrictions as recommended by the Suffolk County Department of Planning. 4. But the Zonin~ Board of Appeals may impose such conditions, and in this Town this is the usual manner of imposing restrictions. 5. The Planning Board in its recormnendation completely overlooks the fact that in this Town agriculture is to be encouraged and protected. This is a basic premise of our Plan for Development. And this basic premise is fully as important as the fact that it is on a map. 6. When the Development Plan map was created in the mid-60's showing a proposed B-zone across the front of Wickham's Fruit Farm, it did not seem unreasonable. But today, this Farm is under the Agricultural Districts Law of New York State. More than that, part of the Farm, not 200 feet behind our stand is in Phase I of the County Land Preservation Program and never be developed. Finally the next generation has already taken up the management of this Farm. For all these reasons, the impact of the adjacent property is far more important than the fact that a dozen years ago it was contemplated that it might be business eventually. 7. Agriculture and a Bar and Grill are not compatable uses as in- ferred by the September 8th correspondence from the Suffolk County Planning Department. I would like to digress just a little bit and tell yo% I think most of you kno% that this sumner in June, a car was stolen from my yard. It was driven into Laurel Lake, and I mean all the way in so only a part of the top was showing. There was a half empty can of beer left beside the car and Mit. KIRK: Are you saying this comes from Fisherman's Rest? MR. WICKHAM: You can ask the Police Department. It was again a beer sub- mitted to them. At one other occasion some people, and I'm sure it was the Fisherman's Rest, broke down about six of my Cherry trees. Each one of them were worth $25 to $50 apiece hy just climbing into them and playing. Nothing else. Now, you say it might not have been Fisherman's Rest. Maybe not, I'm not saying. But these things happen, they are not comparable uses. No. 8. There is already an existing hardship on the part of Wickham's Fruit Farm because of parking of cars of patrons of the petitioner. Also, of the Seven-Eleven, the Town Court across the street. Any addition to this prob- lem will be strenuously resistant. In conclusion Wickham's Fruit Farm be- lieves that Mr. Kirk is entitled to the uses he is now requesting. No ques- tion about that. But he should not be granted a B-1 zone on the eastern half of the subject property. To do so would allow his successors in title, if not himself, to put an incomparable use next to a property that is already Page 8 PUBLIC HEARING October 24, 1978 7:30 P.M. - LAWRENCE KIRK carrying more than a fair share of the parking problems of our Village. This very week Fisherman's patrons were parking in our parking lot, and I'm not talking about the surmner, I'm talking about this week. We also provided park- ing for the Seven-Eleven~ the Long Island Railroad, for the Town of Southold on Court days, and we suspect even for Dick Lark on some occasions. Under the present difficult conditions with a 100~ residential buffer between Fisherman's Rest and our parking lot would seem extremely unfair to do away with all of this buffer strip." Gentlemen, I am here to answer questions. You can ask Tom. We agree with what he wants to d% but we think it's completely unfair to have even considered the chance of having our place next to a bar and grill. We want the Town to keep control~ and I might say in passing that Mr. Tasker has told us many~ many times, has told the Planning Board many~ many times that we may not engage in contract zoning, which is actually what the County Planning Department suggests. SUPERVISOR Ph%RTOCCHIA: Thank you. Is there anybody who wishes to speak on this subject opposing? (There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone .else that wishes a further discussion? On either side? (There was no response.) SUPERVISOR blARTOCCHIA: Mr. Lark? Mr. Kirk? Is there anyone else who wishes to speak into the record on this application? (There was no response.) SUPERVISOR MARTOCCHIA: Has everyone had the opportunity to speak into the record that wishes to speak? On this application~ (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none, I will call the hearing to a close, and the Board will have a decision at the proper time. Thank you. The hearing was declared closed at 8:00 P.M. Respectfully submitted, Linda F. Kowalski Secretary to the Supervisor NOTICE I ~ HEAI(ING Ox/ PR~ IPOSAL ~[ ( AMENE' ZONING t~RDINANCE Pursuant to Section 265 of the Town Law and the req~rements of t~e Building Zone Ordinance at the Town of Sou(hold, Su[[o~ ~mnly, New York, public he~i~ will be held by the Town ~rd.o[ the Town of South0~ at~lhe Sou(hold Town HolI, ~in Road. Sou~hold, New York, on the 24th day of ~[ober, 1~8. on the rallying pro~ to amend the Building ~0ne Ordinance ~including the Building Zone Maps~ of the Town of Sou(hold, Suffolk Co~mty, New York 7: 30 P.M. by ch~ging [rom "A" Besident~al and Agfic~t~al District to "B-i" General Bminess Distort the COUNTY OF SUFFOLI% I ~ ss: STATE OF NEW YORK. j ..... ~'o~...~usta.vaon ............... being duly Sworn, s~/s that ........ he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county: and that the notice, of which the ~nnexed is a printed copy, has been published in the s,~d Suffolk Weekly Times once in eecl~ we~k, for . . one. (~.) ................ weeks property of Lawrence Kirk ......... situated at Cutehogue. New successively commencing on ~he .~..~.o.],.~.~. York, and more rartieularly duy of .QC,~.q.b~.~ ~unnec~ anc~ c~eser, oec~ as follows: BEGINNING at a---__ _ .X/ _~ .lOp'~ point on the southerly line o~ ....... the Main Road. ar the nor :n to before . the~asterly corner of land at ~egrees 50 30" West ltl0.0 feet '~ " beginning running along said southerly line, '~orth 3~ heard on the above proposed ..................... " .................... degrees 09' 00" East 100.2~ amendment~a~l~ appear at ... feet: thence along land of John the time a~l ll~o abOve so ' ' Wickham two courses an~ specified..' -., .-~,.: :. distancesasfollows ID Senti' DATED: ,~t~r 26, 197~r 49 degrees 50' 30" East 157.( NgNCY B. DOUGLAS~ fer ~,ence ,2) South 4( BY ORDER OF t, iOT,~_p.y pV~IAC Sta!e at No~' york d ' 30" Wesl. 100.0 feel THE SOUTHOLD '- -~ Kirk: Lhenc( TOWNBOARD ' - "' ~5 ' 1TO12-3071 TOWN CLERK LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE COUNTY OF SUFFOLK STATE OF NEW YORK Pursuant to Section 265 of the Town Law and the require- ments of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Town Board of the Town of Southold at the Snuthold Town Hall. Main Road. Southold. New York. on the 24th day of October, 1978, on the following proposal to amend th~' B~ilding Zone Ordinance (including the Building Zone Maps) of the Town of $outhold, Suffolk County. New York. 7:30 p.m. by changing fi'om "A" Residential and Agricul- tural District to "B-1" General Business Distrigt the property of Lawrenoe Kirk situated at Cutchogue, New York. and more particularly bounded and described as follows: BEGIN- NING at a .~point on the southerly lilllJ of the Main Road, at ttiq' northeasterly corner of la~J~ of Kirk, fi.om said point of b~l'l~ning running along said solitherly line, North 36° 0q' 00" East 100.25 feet; thence along land of John Wiekham Iwo cOurses and distances as follows: (1) South 49° SO' 30" East 157.0 feet thence (2) South 40° 09' _t0" West 100.0 feet to said land of Kirk; thence along said land north 49° $0' 30" West 150.0 feet to the point of BEGINN- ING. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: Septembe~ 26, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY Town Clerk IT- 10/i2 (643) Potricia Wood, being duly sworn, soys 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, has been published in said Long Island Traveler-Watch- man once each week for .............. ~/. ....................... weeks ~uccessively, commencing on the .... /.~...~... .......................... day~,.u~ ..-.~~__ ............. . 19...?..~ Sworn to before me this ../...~. .............. da',' or ........... STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: JUDITH T. TERRY, Southold, New York, being duly sworn, age of 19 78 notice most public place York, Town Clerk of the To~m of says that she is over twenty-one years; that on the 27th the day of September she affixed a notice is a true copy, in a proper and subs.tantial manner, in the Town of Southold, Suffolk County, to wit:- Town Clerk Bulletin Board, Town Clerk Office of which the annexed printed in a New Main Road, Southold, N.Y. 11971 Notice of Hearing on application for a change of zone Lawrence Kirk, 7:30 P.M., October 24, 1978. by YJ~dith T. Terr~, Town'Clerk Sworn to before me this 27th day of September 1978 · ~otary Public: LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO A~LEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and the requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, on the 24th day of October, 1978, on the following proposal to amend the Building Zone Ordinance (includina 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 Lawrence Kirk situated at Cutchogue, New York, particularly bounded and described as follows: point on the southerly corner of land of Kirk, to "B-i" General Business District the property of and more BEGINNING at a line of the Main Road, at the northeasterl, from said point of beginning running along said southerly line, North 36© 09' 00" East 100.25 feet; thence along land of John Wickham two courses and distances as follows: (1) South 49© 50" 30" East 157.0 feet thence (2) South 40© 09' 30" West 100.0 feet to said land of Kirk; thence along said land north 49© 50' 30" West 150.0 feet to the point of BEGINNING. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. DATED: September 26, 1978 BY ORDER OF T~E SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 12, 1978, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK: Copies to the Suffolk Times & L.I. Traveler on September 27, 1978. P JOHN WICKHAM. Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr. FREDERICK E GORDON JAMES WALL Southold, N.Y. 11971 September 18, 1978 TELEPHONE 765 - 19:]8 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 August 28, 1978. RESOLVED to recommend to the Southold Town Board approval of Application #239 of Lawrence Kirk requesting a change of zone from "A" Residential and Agricultural District to "B-l" General Business District on certain property at Cutchogue, New York, for the following reasons: 1. It is in conformity with the Development Plan of the Town of Southold. 2. It is in keeping with the continuity of the business district in the hamlet of Cutchogue. 3. The Planning Board basically agrees with the reasons in the application. Vote of the Board: Ayes: Raynor, Coyle, Gordon Abstain: Wickham Yours truly, Muriei Brush, Secretary Southold Town Planning Board (516) 979-2910 Tcv~ of Southcld Planning Board September 8, 1978 Petitioner: Mun. File No.: Zoning Action: $.C.P,D. File '~o.: Lawrence Kirk 239 C/Z "A" Res. & Agr. to "B-i" Bus. SD-78-7 Cantlemcn P,zrsunnt co the reouireme~ts of Sections 1723 to 1332 of the Suffolk County Cbar~er= the above captf, u~/d application which has been referre~ to the Suffolk Coungy Plannin~ Cor~n_ission is cc,tsidered to be a ~3nEter for local determinations. decision of local detemination shoul? ~ot be construed as either an approve! disapproval, Cone;ants- Appropriate use and screenin~ restrictions warrant consideration to insure comparability with adjoining lands used for farming purposes. CCll.Jk Very truly yours, Lee ~. ~onmclman nirector of PlanninC Cern/,' C. ~'~_~nan Clt~ef F la-~na r JUDITH T. ZERRY TO~rN C~ERK R~GIS3FRAR OF VIIAL STATISFIC$ TELEPHONE (516) 765-1801 July 26, 1978 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is petition of Lawrence Kirk requesting a change of zone from "A" Residential and Agricultural District to "B-l" General Business District on certain property at Cutchogue, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommendation. Very truly yours, Judith T. Terry Town Clerk LAWRENCE KIP~K TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: (insert name of petitioner) contract vendee Suffolk County, New York, the undersigned, am the/~lwN~' of certain real property situated at I~.~.. ~(J.r..~.~.~.,o.~.~.~.(.....N.X.~ and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the Main Road, at the northeasterly corner of land of Kirk, from said point of beginning running along said southerly line, North 36© 09' 00" East 100.25 feet; thence along land of John Wickham two courses and distances as follows: (1) South 49© 50' 30" East 157.0 feet thence (2) South 40© 09' 3~" West 100.0 feet to said land of Kirk; thence along said land North 49 50' 30" West 150.0 feet to the point 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 lhe Building Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District to "B-i" General Business District- 3. Such request is made for the following reasons: Presently your petitioner is the owner of a parcel of land on the southerly side of Main Road, Cutchogue, New York, which is con- tiguous to the westerly boundary of the premises described in para- graph 1 above. The main building on this parcel is a restaurant owned by your petitioner known as "Fishermen's Rest". This parcel of land is zoned "B-l" General Business and is irregular in shape, consisting of .766 acre, containing 105.65 feet of road frontage and an average depth of a little over 300 feet. Due to the size and shape of this parcel and the location of the buildings thereon, the existing on-premises parking areas and exit driveway are not adequate, especially when the restaurant is crowded. Your petitioner is the contract vendee for the adjoining parcel which is described in paragraph 1 above which contains .352 acre with 100.25 feet of road frontage and a depth of 150 feet. Your petitioner is requesting that this parcel be zoned "B-l" ~eneral Business so that when combined with petitioner's existing restaurant premises, will have a total of 205 feetof road frontage and will provide satis- factory egress and ample off-street parking areas for the petitioner's restaurant as well as the proposed gift shop on the easterly portion of the premises. It is your petitioner's intention to eliminate the existing garage and the 1% story frame building on the westerly portion of these premises as shown on Exhibit 3. In its place petitioner in- tends to construct additional paved parking areas with a wide drive- way exit to the Main Road, all as shown on Exhibit 4. This plan will enable your petitioner in the future to be able to change the entrance to the restaurant from the rear to the easterly side of the building thereby providing a more convenient access to and from the parking areas to the dining room. It is also your petitioner's intention to completely restore the 1% story building located on the easterly por- tion of the premises as shown on Exhibit 4, which is presently in a state of disrepair, and to renovate same to an attractive gift shop which will be an accessory use to the complex. When completed the restaurant will have ample off-street parking areas as well as an exit driveway with excellent visibility. As shown in Exhibits 1 and 2, the property is bounded on the north by Main Road (State Route 25) and immediately across this road the property in the vicinity from Griffing Street to Depot Lane is zoned "B-l" General Business District. The property is bounded on the east and south by land of John Wickham which is presently used as a fruit farm and for retail sales of farm products. The property to the west of petitioner's restaurant property is also zoned "B-l" General Business District. The parcel is well-suited for the proposed business use in that its present use is non-conforming for two residences due to the size of the parcel, and the existing buildings located thereon are in a state of disrepair. The proposed plan of the petitioner will improve the property as well as provide ample off-street parking areas and an improved exit for the restaurant premises. The proposed plan will pro- vide an attractive addition to the business section of Cutchogue and will be in conformity with the Comprehensive Development Plan of the Town of Southold. EXHIBIT 1 - Map of Property to Accompany Application for Change of Zone from "A" to "B-l" made for Lawrence Kirk, Cutchgoue, Town of Southold, N.Y., dated July 3, 1978 by Roderick Van Tuyl, P.C. EXHIBIT 2 - Excerpt from Building Zone Map of the Town of Southold showing surrounding area. EXHIBIT 3 - Map of Land Surveyed for Lawrence Kirk & Margaret Eileen Kirk by Roderick Van Tuyl, P.C., Dated October 20, 1975, amended July 14, 1978. EXHIBIT 4 - Sketch of Proposed Plan Made For Lawrence Kirk, Mapped July 14, 1978 by Roderick Van Tuyl, P.C. CL. S.) STATE OF NEW YORK,) ) SS:- COUNTY OF SUFFOLK, ) .................. .LAW~B.N.C~...l~l~ .............................. BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his ~) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S.) .................. ; ......... Lawrence Kirk Sworn to before me '7 RICHARD F. LARK ATTORNEY AT LAW July 20, 1978 Mrs. Judith Terry Town Clerk Southold Town Hall Main Road 5outhold, NY 11971 RE: Petition of Lawrence Kirk for Change of Zone Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Six duplicate original Petitions for Change of Zone with Exhibits 1, 2, 3 and 4. Notice to adjacent property owners with affidavit of service by certified mail. Check payable to the Town of Southold in the amount of $100,00 representing the filing fee. Kindly process this Petition with the appropriate municipal agencies. If you have any questions, do not hesitate to contact me. RFL/mld Enclosures Very t/~ly yours,,~ R~chard F. Lark TOWN BOARD, TOWN OFSOUTHOLD Inthe MatterofthePetitionof LAWRENCE KIRK totheTownBoardoftheTownofSouthold_ TO: VICTOR CIERACH CUTCHOGUE FIRE DISTRICT JOHN WICKHAM THE NORTH FOR~ BANK & TRUST COMPANY NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to requesta change of zone from "A" Residential and Agricultural to "B-l" General Business District 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes. cribedasfollows: located on the southerly side of Main Road, Cutchogue, New York, bounded North by Main Road(State Route 25), East and South Dy Land ot Jo~n Wickham and on the West by land of Lawrence & Margaret Eileen Kirk. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict; "A" Residential and Aqricutural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "B-1' General Business District 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing_ Petitioner Lawrence ~irk Post Office Address: Main Road Cutchoquer NY 11935 RECEIP r FOR CERTIFIED MAiL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) John Wickham Main Road Cutchogue, NY 11935 POSTAGE $ . I 5 ~.~ !-- ADDRESS OF __DEEIYER¥_ ¢ ~ SHOW Fo WHO~ ANO DArE  ~ DELIVERED WlIH ~ESI~IC~D TOTAL POSTAGE AND FEES STATE OF NEW YORK : COUNTY OF SUFFOLK: PROOF OF MAILING OF NOTICE. -iEGb,P, , ,;r, CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) :utchoque Fire Distri~ ~ND NC' New Suffolk Lane Cu~ogue, NY 11935 ~-C'ERTIF,ED FE£ J. ~0 ¢ ~ ~ .... RkCEIPF FOR GL. RTIFIED MAlt NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO j Victor Cierach Jockey Creek Drive | P 0.. STAT AN Z CODE Sout~o~, NY 11971 pOST^CE IS I~,- ~ TI~IED FEE , JilL- SS.: Mary Lou Doroski .residingatPeconic Bay Blvd., Laurel, New York , bein§ duly sworn, deposes and says that on the day of July ~ O ,19 7 8 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchoque, New York ;that said Notices were mailed to each of said persons by (certified) ( Y-*eVg~ ~ ~ mail_ _ Sworn to me this =.?0 day of July ,19 78 Not~ry Public BARBARA DIACHUN Notary Public, State of New York No. 52 4635190 Suffolk County Commis~on Expires March 30, 19~%'