Loading...
HomeMy WebLinkAboutLizewski, Joseph J. Amend.#114 WHEREAS, o petition was heretofore filed with the Town Board of the Town of Sauthold b~ ............ ~.~.R~...~.:....~..~¥.~.~..~ ............................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Mops mode a port thereof by chong- "A" Residential D str t' "B" Light Business ing from-a~d-'.Ag-~&e.u&.t~.l~a.1 ..... c to ....................................... District the property described in said petition, ond 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 ....D...~..b. .......... day of ................ ~!9:~'.q.h.. ................... , I9.~.~..., and due deliberation having been had thereon NOW, THEREFORE, BElT RESOLVEDthatthereliefdemandedinsaid petitian be, anditherebyis GRA~D ~o~ the ~oZZowi~g re~so~s 1. This is a logical extension of the business district. 2. The neighborhood is comDrised of mixed non-residential uses. 3. The uses ~llowed in a "B" Light Business District would not be out of character with the existing uses in the neighborhood. DATED: March 23, 1982. ~ ~JUDITH T. TERRY~-/ SOUTHOLD TOWN CLERK NOTICE OF AMENDMENT TOTOWN CODE AMENDMENT NO. 114 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 2ard day of March, 1982, the Town Board enacted the following amendment to the Town Code entitled "Code of the Tov~ of Southold" together with the Building Zone Maps forming a part thereof as follows, to wit: Amendment No. 114 amends the Code of the Town of Southold by changing from "A" Residential and Agricultural District to "B" Light Business District the property of Joseph J. Lizewski situated at Cutchogue, in the Town of Southold, New York, and more particularly bounded and desertbed as fol- lows: BEGINNING at a point on the northerly line of Main (State) Road CN.Y.S. Routo25) where said northerly line of Main (State) Road intersects wi~ lhe easterly line of Depet Lane, and from said point of beginning running North 39 degrees 39 minutes 50 seconds West 406.83 feet to lands now or formerly of Fogarty; running thence along lands of Fogarty North 43 degrees 36 minutes 10 seconds East 221.30 feet to lands now or formerly of Dunne; running thence along lands of Dunne South 4,1 degrees 3~ minutes 10 seconds East 347.97 feet to the northerly line of Main (State) Road; running thence along the northerly line of Main (State) Road South 31 degrees 20 minute~ 10 seconds West 264.12 feet to the point or place of BEGINNING. Being noted on the Suffolk County Tax Map as District 1000, Section 102, Block 02, Lot 011 and p/o Lot 012. DATED: March23,1982 BYORDEROFTHE SOUTHOLDTOWN BOARD JUDITHT.TERRY, TOWNCLERK ITA1-3923 )F SUFFOLK, ' NEW YORK, ~ ss: Bl~avBoll ............................. being duly Sworn, · says that . .h..~ .... is Printer and Publishez of the SUFFOLK WEEKLY TIMES, a newspuper published ~t Gr~nport, in county~ and ~at the noli~, of which ~e ~ex~ is u print~ copy, has been published in the ~d Suffolk Week~ Times once in euch w~k, ~or . ~ ....................... w~ks successively commencing on ~e .... ~ ................... day Of ...~pri~, ~ . ~~ ..... ................. d of A~il 1~ 82, ~ ............. .... ~,E[ EN I', 0£ rOE l~rni Ex~ro_., M3rcll 30 NOTICE OF AMENDMENT TO TOWN CODE AMEND?:~q'r. NO. 114 NOTICE IR~BJiBY GIV- EN that ut a me~ of the Town Board of the Town of Southold, Suffolk County, New York, held on the 23rd day of March, 1982, the Town ~unrd enucted the following amend- ment to the: Town Code entitled "Code!of the Town of Southold" together with the Ruilding Zone ! laps forming u part thereof as ~oHovzs. to wit: Amendment No. 114 am- en~ the Code ~ ~f the Town of Southold by lunging f?om "A" Resldenti~ [ and A~ricul. rural Disttic~ I) "B" Light Business Distri¢ l the property of Joseph J. LiT ."wski situated at Cutchogno, ~ t the Town of Southold, New ~ 0rk. and more particularly bou ~ded and de- scribed ns follows-' BEGINNING at a point on the northerly ~ine of Main (State) Road (N_' ~.S. Route where said nor belly line of Main (State) R< ad intersects with the enstarly line of Depot' Lane. nmi f~om said point of beginning runnl ag North de~ees 39 minul -'s ~ seconds West 406.83 feel to lands now or formerly of ]rogarty; run- ning thence alc ng lands of Fenarty North 4~ degrees 36 minutes 10 seconds East 221.30 feet to lands now or formerly of Dugne; running thence along inqds of Dunne South 44 degree~ 36 minutes 10 seconds East347.97 feet to the northerly li~e of Main (State) Road South 31 degrees 20 minutes 10 s~conda West 264.12 feet to t~e point or place of BEGINr~ING. Being noted on the Suffolk County Tax Map as D~stvict 1000, See~inn 102, BIoc~, 02, lot 011 and p/o Lot 012. ~ Dated: March 23,1982 BY ORDER OF THE SOUTHOLD TO~2~ BOARD JUDITH T. TERRY, TOWN CLERK 1T-4/I/82(10) COUNTY OF SUFFOLK STATE OF NE-M/ YORK P~tricio 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, has been published in said Long Island Traveler-Watch- mon once each week for ............... .~ .................... weeks successively, commencing on the ....... ~ ........................... Sworn to before me this ................... .~ ........... da,/ of ..................... No~'a ~ Dublic JUDI I'H T. TERRY TOWN CLERK REGISTRAR O1' VITAL STATISTICS OFFICE OF..IOWN",L: I,,.ER K TO~N OF sOUT~HO]~D ~*'> ,, .... -.,..;. SUFFOLK'COUNTY TELEPHONE Southold, L. I., N. Y. 11971 Pursuant to Sections ]_323 to 1332 of the Suffol~ County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk Countv Planning Commission: New zoning Ordinance Amendment of zoning ordinance X Amendment of zoning map (change of zone) Location of affected land: North side of l{ain (Stste) Road, Cutcho~ue, New York_ Suffolk County Tax Map No.: 1000-102-2-11 ~ p/o 12 within 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay i~ Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COb~NTS: Application was granted for this change of zone to Joseph J. Lizewski from "A" Residential and A~r~cu±~ural l)lstr~c~ ~o "~" Light Business District, ~lthough the Southold Town Plannin~ and Suffolk County Department of Plannin~ recommended aKainst approval. 'I'Ve resolutxon was ~dopted by ~ 6-Yes O-No vote. Date March 26, 1982 Judith T. Terry Southold Town Clerk STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: New York, ~wenty-one years: that on the 26th day of March she affixed a notice of which the annexed printed notice true copy, in a proper and substantial manner, in a most place in the Town of Southold, ~uffolk County, New York, Town Clerk Bulletin Board, ,JUDITH T. TERRY, Town Clerk of the Town of Southold, being duly sworn, says that she is over the age of 1982 is a public to wit:- Town Clerk Office, ~.lain Road, Sonthold, New York 11971 Notice of Amendment ro Town Code - Amendment No. 114 Property of Joseph J. Lizewski at Main Road, Cutchogue from "A" Residential and Agricultural District to "B" Light Business Dis~rict~ Judith T. Terry Southold Town Clerk Sworn to be before me this 26th day of March ,, 19 82 ~- Notary ~ic ~I_I~ABETH iNN N'~T~RY pUBLIC, State of New yolk NOTICE OF AMEWDMENT TO WOWN CODE AMENDIJENT NO. 1.14 NOTICF IS HEREBY GIVEN that at a meotin.a~ of tho Town Board of the Town of Southoqd, Su['folk County, New York, held on the 23rd day of ?larch, 1982, the Town Board enacted amendment to the Town Code entJtlted "('ode of lhe Town of fiontho together with the Building Zone Ma~s foYming a part thore(~t' follows, to Amendment No. 118 amends the ('od+- oF the Town of f:outhold cham~,ng from "A" Residentlal and A?ricnltural Li5;ht Business District the i)roDerty of ,Josem[1 ,I. [,i:~ewski situate. at Cutchogue, in the Town of Southold, Now 3'ork. and mrme lmrtie- ularly boulded and described ~ts [ollows: I/Gad t'unninf,r North 39 cle~rm:~$ ::~9 minutes 50 to ]ands now or form~,Fly c~[' Po~,mrty; BEGINNING at a Point on the ~oriherly line of ~ain (.qlate) (N_V.E. P, oute 25) where said northerly l~ne o~' ~.;ain _[{Gad intersects with the easterly lille of Bepot Lane, ~lnd from said point of beginnfn~ seconds West 406.,q3 feet running thence along' lands of Fo.g.~,rty No~-th 43 dee;tees 36 minules 10 seconds I~ast 221.30 reef to lands now or formerly ~)f r~unnp; runnina ~henee along lands of nunne ~ottth 44 de~rl'oes 2(~ mint, res 10 seconds East ~47.97 feet to the nnvtherly lira* of ~$ain (St'ate) lload: running thence along the northerly line of ~'ait~ (Etate) Poacl ~outh 31 do~r~es 20 minutes 10 ~ec. onda l"eat 264_12 feet to the point or place of BEGINNING. Being noted on th~, St~fPolk County Section 102, Bleol: 02, lot 011 and Tax ~!~t/~ a~ [nistrict 1000. p/o Lot 012. DATED: March 23, 1982 ,H~..'i)ITW T. 'PFRP, V. TOI':N ('I.FRK Page 2 - Amendment No_ 114 PLEASE PUBLISH ONCE. APRIL 1, 1982, AND FORWARD ONF 4FrIDg¥Im OF PUBLICATION TC~ .IUDITP T. TERRY, TOWN CLYRK, TC~WN [IAI,I,. }LAIN ~r~AD, SOUTROLD, NEW YORK 11971. CopSes to the following on },'a~'ch 2G, 1982: The LonF, Island Traveler-Watchman The Suffolk Times Town Board ~etnbers Bui] din? Depsl-tment V~n Tuy] Land Surveyors Suflolk County Department of Plsnn4n~ Town Clepk's Bul'[e~n Board Joseph J. Lizewski Irving h. Prlce, ,Jr. , for ,Ic~seDh J. h~zewsk~ PUBLIC HEARING MARCH 9, 1982 8:00 P_ M. IN THE MATTER OF THE PETITION OF JOSEPH J. LIZEWSKI FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "B" BUSINESS DISTRICT ON CERTAIN PROPERTY AT CUTCHOGUE, NEW YORK. SUPERVISOR PELL: The hearing is called to order on the applica- tion of Joseph J. Lizewski to amend the Building Zone Ordinance (including the Building Zone Maps) of ~he Town of Southold. Public Notice will be read by Councilman Murphy. COUNCILMAN MURPHY: "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 Southold Town Board at the Southold Town Hall, Main Road, Southold, New York on the 9th day of March, 1982, on the following propsal by Joseph J. Lizewski to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York: 8:00 P.M. - By changing from "A" Residential and Agricultural District to "B" Light Business Dis~ric~ the property of Joseph J. Llzewski situated at Cutchogue, Town of Southold, County of Suffolk, State of New York, described as follows:" The description is enclosed in the notice. The proof of publication from Pat Wood and from the Suffolk Times and also proof that it is posted on the Town Clerk's Bulletin Board by Judith T. Terry. There is a letter from the Department of Planning, Suffolk County: "Dear Mrs. Terry: Pursuant to the requirements of Section 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on February 3, 1982 reviewed the above captioned application and after due study and delibera- tion Resolved to disapprove it because of the following: 1. It is inconsis~en~ with the Town of Sou~hold DeveIopment Plan which designates this area for agricultural-single family residence development; 2. It constitutes the unwarranted further perpetuation of s~rip business development along Ma~n Road (N.Y.S. Rte. 25); 3. It would tend to establish a precedent for further downzonin~s along Main Road, adversely affecting ~he safety and traffic carry- ing capacity of said facility; and 4. There apprears to be ample available business zoned land in the surrounding area. Very truly yours, Lee E. Koppelman, Director of Planning by Gerald G. Newman, Chief Planner." There's a letter from the Departmen~ of Health Services: "This Department has no objection to your determination of lead agency status and establishment of the professional office building, provided adequate sewage disposal facili~ie~ and water supply can be installed. It is our un¢terstanding that ~he proposal is for construction of a single office," Letter from Henry Raynor from the Planning Board: "At a regular meeting of fhe Southold Town Planning Board, Monday, January 18, 1982 the followin~ action was ~aken: Resolved that the Sou~hold Town Planning Board recommend denial of ~he applicalion of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located at Cufchogue, based on the following reasons: 1. Constitutes strip zoning. 2. Insufficient PAGE 2 - Joseph J. Lzewski petition for cha~_,,,~ of zone evidence in the correspondence to justify change of zone. 3. Is not in conformity with zoning ordinance. Signed, Henry Raynor." There is a Negative Declaration, No significant effect on the environment_ I think that's all the correspondence on that. SUPERVISOR PELL: Thank you_ You have heard the reading of the public notice. At this time I would like to open the floor up to anybody who would like fo address the Board in favor of the application, In favor of the application by Joseph J. Lizewski. IRVING L. PRICE, JR., Attorney, Greenport: I am attorney for Dr. Lizewski in this application for a change of zone. I have two pieces of evidence thai I would like to exhibit and I'd like to introduce. One are profiles and site plans for his planned professional building and also a certified copy of the minutes of the testimony before the Zoning Board of Appeals of the Town of Southold on October 15, 1981. I might like to refer to the minutes so I'd like to withhold presenting them. At this time I present the profiles and site plans of the proposed building. (Profiles and Site Plans of proposed professional building of Joseph J. Lizewski marked Exhibi~ I for the Petitioner.) MR. PRICE: Dispite the letters read off by Councilman Murphy, I believe that there is not sufficient business property zoned business for the erection of a professional building in this area. If there were there would be professional buildings_ The main thrust of our application for the change of zone is on the basis that it is for the good and welfare of the Town of Southold. I find it hard to believe that anyone who is a resident of the Town of Southold would say that the esgablishment of a well maintained professional building, which would afford ol)por~unity for professional persons moving into Town to find an attractive office with adequate parking and with an entrance off of the [{ain Road and an exist on Depot Lane and I believe and will always believe that such a building in such a location ~s for Zhe welfare of the Town. In this testimony before the Zoning Board of Appeals on October 15th there is some from Dr. Seamus Lynch which outlines his problems in finding a suitable professional building when he moved to Southold Town. I believe that such a use of Chis property is within the spirit of the Ordinance and just to point out what could be erected and used and the building so erected used for in the present zoning there could be a veterinarian's office right now. If there were water there it could be used for a marina. You could have a school, you could have a hospital, you could have a nursing home and many more but by some quirk the present agriculture and private residence zoning prohibits the use for a professional building. It's our position as I say that for the good and welfare of the community we believe this zoning ordinance should be amended to permit the erection and use of that professional building. Thank you for your attention_ (Mr. Price submitted certified copy of Board of Appeals minutes dated October 15, 1981 as Petitioner's Exhibit II.) PAGE 3 - Joseph J. Llzewski petition for change of zone SUPERVISOR PELL: Thank you, MR. PRICE: Dr. Lizewski is present if anyone has any questions they would like to ask of him. SUPERVISOR PELL: Does an5' Councilman have anything you would like to ask Counsel Price? If not, does anybody else wish to be heard in favor of the application for a zone changeo MR. AL PIETREWICZ: Mr. Supervisor, ladies and gentlemen of the Board, I am a life long resident of Cutchogue and I am owner and operator of Twin Peaks Farm on Cox's Lane. I would like to go on record as being in favor of Dr. Lizewski's professional complex in Cutchogue. Thank you very much. MR. ROBERT GRAEB: I happen to own two business in close proximity to Dr. Lizewski's office and I also happen to be on the Board of Education il~ the Mattituck-Cutchogue School District. I too would like to voice my opinion in favor of Dr. Lizewski's application for two reasons really. Number one as a business man I think it would be certainly a good business to have in Town and it would tend to increase the business in Town and as a member of the Board of Education it certainly gould increase the assessed valuation and these days we'r~ all looking for increase in taxes and I'm sure that would be there too so again I would like to--I would encourage you to look favorably t~pon this application. Thank you. MR. HANK OSCHMANN: I own Cameo Closet and Kitchen in Cutchogue. I just can't see how any increase in helping with our faxes in this Town,as business do, could hurt us. I think it's go~ to be good. I think more doctors, more professional people are very helpful and very necessary and I'm all for it. MR. RICHARD WILTON: I live in Mattituck. I'm the owner and operator of Eastern Long Island Kampgrounds, Inc. in Greenport, New York. I'm a Director of the Greenport-Southold Chamber of Commerce and I'm the Co-Chairman of the Southold Town Promotional Committee_ We have looked over the applicant's application and we've done a lot of research and we find that we sort of like what the applicant is doing. His buildlng is appealing as fnr as keeping the nature o£ the area in tact and what we like to see. He's made adequate provisions for parking and we really don't believe that putting a professional building in this area will really degrade the area in any way whatsoever. As a matter of fact he'll probably upgrade the ~ea considering that the area is inhibited by now a gasoline statloa, real estate offices, legal offices, farm stands and things of this nature. We think it would be a benefit fo the community by centralizing the professional type activity that Dr. Lizewski wants to do. It will--this type of business of being located in private homes which is located through the Town now, and we like that type of thing. So we're generally in favor of Mr. Lizewski's proposal. We give our support. SUPERVISOR PELL: Thank you. Anybody else wish to speak in favor of the application? Councilman ~{urdock_ PAGE 4 - Joseph J_ Llzewski - petition for chai, be of zone COUNCIL~LtN MURDOCK: I will speak now even though I'm up here. I won't come down on the floor. I'll speak as a citizen of the village of Cutchogue. This facility in my opinion os greatly needed in the village of Cutchogue. It is a opportunity for the village to acquire professional help where there are, at the present time, only one doctor available in the village and he wants to retire. If he retires we don't have any more doctor in Cutchogue. The other part of the proposal appeals to me as an individual, Dr. Lizewski's property. The property consists of two acres. There are very few parcels of business property in the village of Cutchogue that two acres would be available to give the community the entrance, the egress, the lack of conflict with Main Road traffic and as I say as a private individual I certainly am going to speak on behalf of zhe application. I would request this Board to do everything in their power fo make this application come to an approval state for the benefit of the people in the village of Cutchogue. Thank you_ SUPERVISOR PELL: Thank you. Any other Councilman have anything they would like to add? Councilman Townsend. COUNCILMAN TOWNSEND: I'd like to ask Dr. Lizewski a couple of questions. Your attorney mentioned the Southold Town Board of Appeals minutes of October 15th. When I was first sitting in on some of the meetings as a Councilman-Elect I can remember some discussion of the issue and hearing that you were going before the Board of Appeals. Now, I can remember that they were considering it favorably but decided at some point that it would more properly be handled by a change of zone. Would you want to comment on that process. Do you remember what went on? DR. JOSEPH J. LIZEWSKI: I think that the Zoning Board of ~ppeals felt that it would be more advantageous to have it changed to Business Zone simply if I wanted to add on to the building or I wanted to continue building a professional building, and it's a very small professional building at this time, and also to work within the perimeter I think of the law of Southold Town if it's zoned business it would be a lot easier to construct a building and do what is necessary to finish it off the way it's supposed to be done. Whereas, if you just get a change of zone I think it may have becom~ cumbersome--a variance. COUNCILMAN TOWNSEND~ The other question was the question of need. Now, both Mr. Price and Councilman ~{urdock mentioned need. Can you tell us any specifics? DR. LIZEWSKI: Dr. Lynch looked for eight months for a professional office tn the area of Cutchogue. He wanted to leave his anesthes- iology practice and go into general ~ractice in Cutchogue_ There's a Dr. Halperin who is looking for a Dlace and would like to also settle in the area of Cutchogue. He's coming out in June. And a Dr. Hennigan who has retired and would like to set up a shingle also approximately in CuZchogue and at the present time there is no place to go and Bob Celic, I believe, and a few of the real PAGE 5 - Joseph J. mizewski petition for change of zone estate agents looked in Cutchogue for almost eight months for adequate housing for Dr. Lynch and did not find anythin~ that was suitable for him_ This is going to be the only professional building that I know of in Southold Town that is being built strictly for professional use and by that I mean sound proof walls; the construction is not something that is an after-thought_ It's being built strictly for professional people. The rooms are being constructed for professional people and the whole development is such, on one floor, not to belabor the fact we have a lot of professionals on top of liquor stores, on top of buildings, really for people in wheelchairs and older people one story professional building is certainly much more pleasing and it's a very aesthetic building. Unfortunately I could not get Dr. Hennigan here. Dr. Lynch happens to be on vacation and the only man that's not out yet to testify for me, but those are three physicians which I think that the people of Cutchogue would be more than welcome, you know, would like to have. Especially since Dr. Verderese is going to retire. I could not bring them like I said, at this time, they're just not available, but there are three MD's and we certainly could use_ Dr. Kaplan told me there are as many physicians right now in Southold Town as there was when his father was practicing, and certainly the amount of people that we've had an increase of population warrants the need of MD's. But you have to realize I myself have a small office down on a side road and have always wanted a decent one, a decent building to reside in and these buildings that we've had have always been an afterthought. The only professional building that I know of right now is in Aquebogue Square. That's the only true professional building. The one on the North Road was not built with that intention but it is being used as that because there is no o~her place and in keeping professional people in one professional building certainly has its advantage. If you had two or three MD's in one building and something happened you may be able to get one of them. Cutchogue is centrally located as far as Southold Town ~s. SUPERVISOR PELL: Thank you, Doctor_ Councilman Nickles. COUNCILMAN NICKLES: provide there? Doctor, how many offices are you going to DR. LIZEWSKI: Presently just three. I have an addition of four, it's just a matter of finance. The building at it sits on that piece of paper is about %130,000.00. So I don't know about the fourth addition of another office at this time_ I'll start with three and if there's a need for a fourth there are provisional plans made for a fourth office. But each office is an individually run office. The building is constructed so. SUPERVISOR PELL: anything? Thank you. Any other Councilman wish to add COUNCIL~N MURPHY: Bill, just as a member of the Commerce and Industry Committee in the Town~ I strongly recommend this. I think it is a very good addition to the Town. PAGE 6 - ,Joseph J. =~zewski petition for chahCe of zone SUPERVISOR PELL: Anybody else wish to add anything? Anybody wish to be heard at all on this application that has not had a chance to be heard? MR. GENE PIERSON, Mattituck: I'm not a lifetime resident of the area but I just want to mention the fact that I did move here in 1973 with a family and a wife and to this day we still don't have a family doctor. I'm all in favor of this professional building for this one reason_ Perhaps in the future if my wife and I get sick we don't have to run up to Riverhead every time to the hospital. SUPERVISOR PELL: Thank you, Mr. Pierson. Anybody else wish to be heard on this application? MR. AL ~.~GILL, Cutchogue: I think it's a good idea_ I don't see anything that can go wrong with it. It probably will increase the value of the area and looking at Aquebogue professional building, if it's something similar to that what can really be wrong with it? SUPERVISOR PELL: Thank you, Mr. Magill. Anybody else wish to be heard on this application? (No response.) Does anybody wish to speak in opposition to the application? (No response.) Does anybody wish to speak at all? (No response.) Now I will declare the hearing closed. ~z~ ~r~.C ~P'. ~ -~ ~ Judith T. Terry ~/ Southold Town Clerk Present a~ the foregoing hearing: Supervisor William R_ Pell, Councilman John J. Nickles Councilman Lawrence Murdock, Councilman Francis J. Murphy Councilman Joseph L. Townsend, Justice Raymond W. Edwards *** Town Clerk Judtih T_ Terry Town Attorney Robert W. Tasker III Jr. Jr_ State of lxlew York Suffolk County Office of the Clerk of the Town of Southold (Seal) This is to certify that I, Judith T. Terrv, Town Clerk of the ~'own of $outhold in the said County of Suffolk, have compared the foregoing copy of Z,~ ~. J.~t~.. ~.¢~ ~.~ ~..~... AJ~.p.e.~,,~.~..~t J. ~-~ ~.~s...~ ~...0~ ~.~ az... &~.,... &~.B Z with the original now on file in this office, and that the same is a correct and true transcript of such original .Z,.O. tl.~rlJ~..~.c~c.~J...fl,~...~.~,].~ ....... ..~.[$Fk~J~.~..~...~....O.~.l~.c.~....~.,...~.~.f~.~ ............ and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the sea~ of said Town this ......... ~,~.~.~. ............. da,/,,of ..~Z.~b~r.t-l;~.~~ ...........19.~2... So~aola Town ocs of Ay,meals ' Octobem 15, 193' LJze'.~s'~, ~(ain Ro~d, Cutcho~e, ~f (by-'filliam ~. Price, Jr., Esq.) for a Variance ~o 't:~e Zoning Ordinance, Articl.~ ZIZ, Section 100-~0 for permission to construct proffes~ional o=~ .... building in an A- Resmd_n..~al and A~zricultural Zone with ex~s~g d~.,elling use at 29~5 ~s. in Road (a/k/~ ~20 Depot Lane), Cutchogue; bounded northwest by Fo~arty~ sou~h~..~est by Depot Lane; northers2 by Dunce; southeast by ~faii~ Road. County To:.:~.:.:~p"~ Parcels ?o. 1000-1C2-2-12.1 and 11. The Chairm3n read the lelal notice and the appeal application per~,L~.n~ to reasoms for this appe~l. ~,~. ~",'~'~^"-,~.~.. Do you ha~,e somethin,z to add, '~ Price, to ~,;hat has been s_~id in th.? a.~plication? ~'.m. "~. WRICE, J~_.: Yes. Just for the record~ m'/ name is William ~. ?ric~ Jr. I'm the attorney for the apmlicant and here is our petition. 'Fast my client proposes to do is to construct and maintain .1__ ~ ~,e co~s~,~ an 9.22fac'tire profes~io,%81 office building located on tbs r.[ain ~oad in Cut~ho~e. I have suRmitted copies of the arch- itectura! renditions to this ~oard and at this time c~en~,~ ~ n~.__ L~.~e'- -'~-'~: to say a few thin~s; ! m~y ask him a fe~., questions as ,.,,e p:o along to m;~ke sure that ha_ record, is ~ro~erly DP,. J ...... i,I2~'.:3KI: Cutcho~_~e. I've been practicing for 13 years in ~:_:~=.~,.~:: ,ot~ld you u~e tbs mic, Doc, so 'oho people behind you can hear you mavbe. DR. LIZ2~'.S[,'(I: I've been practicing for 13 years in Cutcho~e, and o'~er tho /.;ears I'~e watched the area ver~ carefully hoping to move of my offic~ on Depot Lane ,vhicb. is a area that's zoned Business for use, which is the only place that I found ,.~hen i came out ~o Cutcho~e that i ce~ld practice in~ and ~here has been cfi:er professional peo~le v,ho comp to ~b~ area, for e3[amp!e, Dick L~'f~ ~ho~s nn a~torney, looked for almost a year and a half before he found a building 2hat he co~ld purchase. And I also realized 2hat there's a, the professional buJldin/~ %hat have been built ~n 2outhold Town, there arch' ~ any. ~u~.no_a To%;n l:as never had a professional ,.om. la. built for profession- als. It has had -2~.~o-story dv~ellin~s~ slot of dental offices and professional offices have 2~.vo .;tortes a~d urr~ 1:.uil-~ o~rer liquor stores or o %]let Siloms an,_l it's nm+~ ~ real!:r~ CO1]V~llioIl~, ~O.~ -~ older ~eop!e.. %..u_~l].~._ is a much preferred professional but!din[. This i.~ tbs duly huildin[ that ! kno~.r of in ~]o ~tbold To~..m that has been o=~e~ed to ,~eonle who, which is being but!2 and constructed strictly for professional people. Southold Town Board October 15, 1981 (DP,. LIZlZil._v_-, CO:'T. ): I also thii:k that the~e are other doctors who h~ve looke~l i,~ the ~rea and just simply cannot fi~d. a place in Cutc]~ogu. o fo-~, to .~eC up ~' ~ac~iae. T~e ares certainly cannot deny that the need for doctor's or other professionals. It's en area that, ~.,e just never seem to have enough of them, and I think that by building a u~ce loohinz b~!lJi~L', and ha,~in~ an access which this particular ps. reel of !e.~Y. ~:oe~, on two ~srticnlar road fronts, certainly ~,.ould add to Cutcho~= and add tn the area. Ant? a i,n.i!dinf, one o~ the main buildings that I would use, (phrase ~-,as ~n~u~fb!e), is a home that is there. It's over 200 years old. T~.~o h~dred years old. Yo~? for mo to take that, for instance, and construct just e dental office, th~s buildin~ has no ce!la~~ under it. It would be very difficult. It has ~een built up on corners t,.,i~h posts, hut i~ has no cellar ~nder it. ~o~..,, as a dentist, you would nee5 gas, you'd need tremendous sewerage, you need air, air compressor, you need different things that would be very difficult to run and maintain underneath a building of this nature. $o, for me to take and just use, utilize this b~!ding for nrofe~siona! use, as i2 stands right no~% is a very e~ensive idea, end also almost foolish to tr~ to take a 200 year old buildin~ of this nature that ha~ heeD, you know~ rebuilt and rebuilt on the in- side aud the outside, to ~..here i~ would be of any great value to me. So, my feeling was to construct another cfffic~ so I could finally move %o an offfce that was b~ilt just for me, ,..,hich would be nice to ~ve rather than takin~ a house or, that's v'hat most of the profession- als have out her.~.--th~l- txve a house and they nut s few petitions in it here and there, what have you, and they convert it 2o a professional office, to an office. ~'¥.,, , ~,.t' PEICE, ~rt...: Excuse me. ?Iow much did you nav. for the n~om- erty that's in question now? tnodsana dollars ~.. LIZi.'SNI: .~ . '~.. ~?._. PRICE, J?-.: propert'_..- each }-eau? much n_rooerty ta, s~es do you pay on this · ........ ,_.. -ell, this year it ~..,il! change because i 'Il. IT. TRITE, Jr.: Ho;., much did you pay in }'our last tax bill d Ov.~n - - Df. LiZE~<SFI: I didn't h~ve a ts:{ bill. This is my first pay- ment on a bill. :3.{. ~'.~. PRICE, How much will that be? DR. LIZE~."S][I: Ob , I assume about 12 huua. dred ~ollars. Soutkold mown BoaJ,_ of A~.~eels 0cto',~er 1~, 19Si ,.,. n. ?RI,U-, J~,,.: ~%,,_ have you h. een makin~ any profit whatsoever off of this pro~er.,ty since you've ov.,ned it? DR. LIZ~fSi(i: Ue've made a orofit off th±s property for a lent time. "~'..,~.,. ~,.. ~RTCE~ .... J?,~,. '. As ±t is now; ,'To~ ha~re made .... no m~of~t whatso- ever? D~. LiZ~'~S'._.-_I: Absolutely no%, no. _.o~ ..... ,a~ zt stands. !g.:. H. P?,!C2, ,,,"'2,,.: ~Iow, concernir,~ the character of the neigh- horhood, goin~ down De~ot Lane, is ~t not true runniuI' ~r:om the rail- rcad south on Denot Lane, that you run across a cemetery, church, a current office and the _~h~i~'_.~ts of Colu~_,]-,us ball? DR. LIZE~'fSK!: A bar. LT.[. L~. PXICE~ J-~_.: l';ell, that's on the west side, you have the Blue To~, you have German's, Patrick German's offic'~ there, ~d '~,= you ~n into a school. n~ LIZ~',~SKI: P. ight .... R~<~: J?~.: That'= on De_~ot Lane, al,~ T Im~ ~,O=V~ c~oln~ dorm the Main Road to the ne:ct intersection to the west, on the north side of the ~'Iain Road, do you not r~ into first a Shell ~he street from your prooerty? Gasoline Station r_~ht across ~ DR. LIZE,'fSKI: It's adjacent to it. %'P4. H. PRICE, JR.: Then a ?-Eleven Store. DR. LIZ~'/.'fS KI: Yes. S'g.~. H. PRICE, Jq.: Dick Lark's office, then the property that the Libra~/ is going to go into, DR. LIZ~J:$KI: Yes. )~?.I. '~__. PP~ICE, JR.: Tb~n__ yot~ ~et in-,;o the commercin! area. of =~-,=,~_~,, hamlet in Cutcho~ue~ right? DR. L .......... Yes. ','.'74. H. PRICE, JR.: On the other side of the street run~ing from Depot Lane west, this being the south side of the [dain Road, is the Southold Town Board of Appeals La October 15, 1981 ~O..l.): Four £ails Real Estate office-- PRICE, JP,. ~ ~'~ E,R. LiiEUS.'.i!: l?,'s across the street. .... K F-RZ22, .r?..: And 'l'!ic!.:bam' s Fruit ~,t:.nd, ~ -' Fisherma.n' s R- ~:_..t- with a Oif~ Shop, and_ then a liquor store and the ban]:. Is DR. LIZE?fSY, i: Yes. "~,~_. __.~ PRICE, ~,:---,.'. Th_-n on the ..=~n"~" lioad going east you run __~to the A&A Auto o ,-~ .,ep~z_ Store and. an antique shop before you set to Pequssh DP.. !._,iZI,~Si{I: That's right. !¥T/. N. PRICE, J~l.: i!right. ,Uow, ! would like to have Dr. Shamus Lynch- come up end tell this Poard a li%t!e bit about his efforts, as e. doctor, tryi!,s to find an office location in the vicinity of Cutcho~m. DR. SIL~.~3S Li"rC:-!: NP. Chairman, ladies and gentlemen, members of the Tov.,nship, I',,e beer out here~ roughly 18 years, !ivinS in Cutcho~.e. ;md my practice v.-as in }'ew York City; i've been out here almost fo~ years full time. Ny specialty is anest],esio!o~ as many people Tlo¥.,ever, about a }-ear ago, I was ve~, anxious to So back to where started from. Ti?% is ~.:'_~'~ i.s cs. ll~d ~od~y--i~rimary care physici~, or we con call it general practitioner froD ~ow o~. I was one of the first %o bi~ on %he co-tNt house buildinS in gutcho~te. ! lost out to the Cutcho~e Free LibraPy. I ~.;~s ve~ amEzious -~0 start my own pr"ct!ce of primary C~Pe, medical practice. ~kqd if ~,n,,. - ...... ~:=_~, .:~:r, fPoll ...... ~ work~..':~=~.,__ ~..a_~H_~ you t.; es~ the first O'enerel 5r~c~itLoner 3rOi! CO}SiC 9CFOSS; or ppiilla~r care ~__cz__~, ~_=~Lmond who leases in the -,rofessiona! building in :.ovth~lc~ on +~ '-~ .... r, :.~ +~a,'~ al! %1_~ '"~v pas% ro_n~ anct livcrhead. =~ ~o~,_tt~- et Eastern Long ! a? .... sit on the Long P.~n£e Planning ~ .,~ ~= island Hospital slid their -~._=~ .... ~,_. priority ~s to ge% one %o two .nr~pa~- _ · ~._.= in ~!!!S mOWing}lin, l-,'e a,'e dora% that lo%..' :r= havea~=' kinds of internists, cardiologists,_%~ m~'~_on-.~ and whatnot: we.just do not have enough prim~ care ~)hvsicia},s. ! have m~de tpsmenoo,_ts efforts (DP_. -m. - .... , L_ '_q[[, C_: =.~: to +-,~ local real_ti= offices to find a loc,RtSon office. ~ a~ve %aec ~.-~so]~!' and. total!" una>!e ~o do · only met DP. Lix,?.'ski in ne?son three v.'eeks =~a:nd · ,..~ss shufffled to hzm by :~ re?l ~state azeD~ ill frus..r~,~..on, knov,iNg he mas ~r~osinz ehiq 2~rtimtl~}r b~.ildin2. Y ha~e %~n offfar~=d in 2he ..... ' = ' ~.I~u~L~,_c, ,ShoDmina'__ - ~.,.t.v'~'o~ ....... ,-,hioll i tO;~'t ,,hln. [.~ the locat~q~ ~0P ;~ pm{'la~'r c2.ra ..... -- ~' ~' aD~l. C~!SO Om P{~{~'! ,-,=,, ~m '~ ~-~'~- l'~}~O;1 3]_50 ~ ~ 9~3 ~' '"Pa;3~l-' ',]U. 9~",3~.fl'3 .q~ ::,9~; t:':' q:~,~:: ~:'~[' = o~ general, primary care, care of ~Rtie~l~s. Out haF,-~: na~uP~l!i.:s you exne0~. ~_~'~ t,D 3P , Of .%-0~P pcz,.l=~l~ to ' ~J=~ OOF'halNlV i'2 tile senior sort of of'fica praceice; Obey're look?nS .fop a more rural, easy-loinS .... ' ' -~ " .... %~l,ie h?~ ~'~a}~ ~P dO!ii '.'1, '-' '~ '-- -' - weeks ago, I was quite immre.~sed. I thou. sbt they lycra extraordinarily ~e a tremendous improvement, no~ alone in the h~ml~e off ,lutcho~_~e end. Uew Suffolk, Ntt a fine 'f, lac.~ for ~ m.Pac,z..,zon~ such as mvself or somebody e!ss, -,,bore ~.~e can Io in and !eas~. ~ have triad to buy, }lave tFleL~ '~,D m.:.~oe. T_r~re is !]o%~ii~s ~Val=-,ol~ /~of n.? o:' my kind. very much. I.~.. CHAIRI'.UC[: Thaa~k you. :.~-C }{. ?qlCU: ,,LR.: Can T ask !;01! 0!!e ?~estio-q.. Dr. Lpmch, before yo~t !:~$'/=? IN your o2inion as a medical mro-OessioNzl in this ar.sa for -k~le past 18 years~ would, the Srqetin2 ,~f thiq variance be in th:} fu~tlleraNce 0f the ptll~lic v,elr:5Pe in anebl'~.NS moP- sites for medical professionals ~o come into this epee? DR. L'P.'C-r: ~'o, there's no ouestion in my mind abo,M- this. OU._ ~ hanpened te play ~some .loll t'ni.~ s ?ternoon v.,ith s~n~.or eit.iz.~ns. Ti~ey had to tr~,e! to 2ivarhead, the7 '~ad to 'kmave! -bo ~.re3npoFt, and they ar~ ~!! Cutohogue ...... ~2. · X% makes no sense i~ Cutchoq]e have-,~..o D~s. ce__ fOP dOCtO?S, for a pro:fession:,.! i':$1, m. *-,,._',~,~ J~.,: .'Tow, i~ st]!!gilatiol!~ yOl_l h~ve 71.2~P~ ~.~._ -I;esti- mort7 conoernin- bl~.~ o}lar?c'heP ~ ~h? -~ -~-~- --' ' ' ' ~a=.. a~o. ~ ,.d._ ~,;al~:... .-,-'a.~.'""~-~.~ and we!faz'~ of ,:lu ~ublic._ Such a professional center ',/ould .e'- '~,~,. ' ~ ....... In t~l_ particular zo~ne, the ..=-, ~s!den~zzl _one, .ou_,. put in a veterinary hospilal. He cou~Ct open a veterinarian office there. If there was water, he could put a marina in. You'd have a school, Southold Town ~oard of Appeals ~ October 15, 1981 (i'Z;. H. PRICE, JP~. CC~[T.): a hosoital, a nursing home and the like. I believe that the use variance reouest this evening for a professional office building would be in keeoing with the spirit of our ordinance. lfe allow professional offices as an accesso~x use and here we have a location on the maim thoroughfare through the hamlet of Cutchogue which would be ideal for such a use. It will not change the character of the neighborhood, we lmow, and I request that this evening, this Board gr~nt the variance that we are requesting. Thank you. ?,~,. Ct~iIRtL,?Y: Thank you, I,Tr. Price. Is there anyone else to speak in favor of this? (There was no response.) 7~unyone who wishes to s~eak against it? (There was no response.) Any of the ~oard members have any furrY-er %uestions you'd like to ask? (?egative) i'll offer a resolution closing the hearing snd reset-zing decision-- l'.]<. H. P?_ICE, J?~.: There's a questiQn, Mr. Chairman. ~-_~. _,~C .... .... Does tbaz plain have a ?]_ace for parking? ~,%q. C,~._~_~T. r~= has two acres or something like that of property there, i~e's got mmp!e parking. The resolution was to close -~he hearinf a~od reserve decision ~n~i! ?.,e can do a !i~tle more dellbe~ a ~mon on On motion b~. I.:r. Crigonis, seconded by Mr. o"o-.,'~,.zc,~m~', it was E--:SOL!r'~i->, that the hearing in the matter of Dr. Joseph L. Lizewski, Appeal ~.~o. 2885, be closed, and decision reser-zed until ? !atcr date. ';~t~ of +_he Eoard: Ayes: l.[essrs. Grigonis, Doyen, Douglass, LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE COUNTY OF SUFFOLK STATE OF NEW YORK ss: Pursuant to Section 265 of the Town Law and the require- merits of the Building Zone Ordinance of the Town of Soutbold. Suffolk County, New York, a public hearing will be held by the Southold Town Board at the Southold Town Hall, Main Road, Soutbold, New York on the 9th day of March, 1982, on the following proposal by Joseph J. Lizewski to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New YOrk: 8:00 P.M.-By changing from "A" Residential and Agricultural DiStrict to ~'B" Light Business District the property of Joseph J. Lizewski situated at Cutchosue, Town of Sonthold, County of Suffolk, State of New York, described as follows: BEGINNING at a point on the northerly line of Main (State) Road (N.Y.S. Route 25) where said northerly, line of Main (State) Road intersects with the easterly line of Depot Lane, ~nd f~m said point of beginning running North 39 degrees 39 minu~es 50 seconds West 406.83 fee~ to lands now or formerly of Fogarty; run- ning thence along lands of Fogacty North 43 degrees 38 minutes 10 seconds East 221.30 feet to lands now or formerly of Dunne; running thence along lands of Dunne South 44 degrees 36 minutes 10 seconds East 347.97 feet to the nol'therly line of Main (State) Road Sou~h 31 degrees 20 minutes 10 seconds West 264.12 feet to the point of place of BEGINNING. Being noted on the ~uttolk Uounty Tax Map as District 1000, Section 102, Block 02, Lot 011 and P/O Lot 012. Any person de~iring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: February 9, 1982. BY ORDER OF THE soUTHOLD TOWN BO&RD. JUDITH T. TERRY~ TOWN CLERK IT-2/18/82(11) 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, Has been published in said Long Island Traveler-Watch- msn once each week for ............... ~x ...................... weeks successively, commencing on the .... ~.~'-'-~ ........................ :::::::::::::::::::::::::::: Sworn to before me this ...r..~C. .................... day of ......... , ....... · Notary Public ................................... PEGGY J, WHITE NOTARY PUBLIC, Slel~ ol N~' N~. 4728113 Oualtfl~l in ,SuR~k C~rnm~slon Ezl~m~ M=rch 30, LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AME ND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and the require- ments of the Building Zone Ordinance of the Town of Soutbeld, Suffolk County, New York, a public hearing will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York on the 9th day of March, 1982, on the following proposal by Joseph J. Lizewski to. amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York: L'~-~'~.M. -- By changing ~lght B~Siues~:~le.n~iaI ~nd ~slr~ate~ af C~c~P~~l J' UJzewski ,~te of New yo~_°~ ou£folk. as follows: rs, described o~ wi[h ~rth 39 Seconds 1o ~o of Seconds 2O Dis o12. ~ t' e~atnent shou/-, proposed ~.e ~lme and ~la~ a~r at DATED: ~ebr~aryg, ~ ~yo~ho~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: T~oy Gus~avson being duly Sworn, says that . .b.a.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in seid county; and that the notice, of which the annexed is a printed copy, Ires been published in the said Suffolk Weekly Times once in eech week, for ..... .ctll~ .................. weeks successively commencing on the ....1.8.~..h. ................. day of.. clay of ...Fehrv~:y..:.: 19.82., ! HELEN K DE VOE NOTARY PUBLIC. Stale ol New York No. 470/81B, Sulrol~ Term E~p~res March .]0, STATE OF NEW YOPK: COL2'ITY OF SUFFOLK: SS: JUDITH T. TERRY, Town Clerk of the Town of Southold, Ne'.,,, Yerk, being duly sworn, says that she is over the age of twenty-one years; that on the 10th day of February .1982 ah,- aTfixed a notice of which the annexed printed notice is a true CODV, Ina proper and substantial 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, SouZhold, New York 11971 Notice of Hearing - application for a change of zone by Joseph Lizewski, from "A" to "B" at Cutchogue. 8:00 P.M., Tuesday, March 9, 1982, Southold Town Hall. Judith T. Terry Southold Town Clerk Sx~orn to he before me this 10th day of February 1982 ~ Notary-Public - Term Expires March 30. LEGAL NOTICE NOTICE OF HEAPING ON DROP©SAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and the requirements of the BuiIding Zone Ordinance of the Town of Southold, Suffolk County, New York, a public hearing will be held hy the Southold Tov.'n Board at the Southold Town Hail, I'ain Road, ~outhold, New York on the 9th day of March, 1982, on the following proposal by Joseph J. Lizewski to amend the Building Zone Ordinance (includin~ the Building Zone }laps) of the Town of Southold, Suffolk County, New Vork: 8:00 P.U. By changing from "A" Residential and A~ricultural District to "B" Light Business District the property of Joseph Lizewski situated at Cutcho?ue, Town of Southo]d, County of Suffolk State of New York, described as follows: BEGINNING at a point on the northerly line of llain (State) Road (N.Y_S. Route 25) where said northerly line of Hain (State) Road intersects with the easterly line of Depot l,ane, and from said point of beginning running North 39 degrees 39 minutes 50 second~ West 406.83 feet to lands now or formerly of Fo~arty; running thence along lands of Fo~arty North 43 de~rees 38 minutes 110 seconds East 221. 30 feet to lands now or formerly of Dunne; !running' thence along, lands of Dunne South 44 degrees 36 m~nutes 10 seconds East 347.97 feet to the northerly line of Uain (State) Road; runnfn~ thence along the northerly line of Hain (State) Road South 3l degrees 20 minutes 10 seoonds West 264. 12 feet to the )olaf of place of BEGINNING. Being noted on the Nuffolk County Pax Hap as District 2000, Section 102, Block 02, f,ot 011 and ~/O Lot 012. Any person des~rin~ to be heard on the above proposed ,~mendment should apnear at the t [me and place above so sloecified_ [~ATED: February 9, 1982. BY ORDER OF TIrE SOUTUOLD TOWN BOARD ,JUDITH T. TERRY, TOWN CLERK Parle 2 - Le~a] Notice - pronosa] to amend zoninK ordinance PLEASE PUBLISH ONCE, FEBRUARY 18, 19S2, AFFIDAVIT 0¥ PUBLICATION TO ,JUDITH T_ TERRY, MAIN ROAD, SOUTHOLD, NEW YORK 11971. AND FOgWARD (~NE TOWN CLERK, TOIVN HALL Copies to the followinff~: The Long Island Traveler-lYatchman The Suffolk Times Town Board Members Town Clerk's Bulletin Board Irving L. Price, Jr., a/c ,Joseph J. I, izewski RECEIVED_. 5 '[own Ck~d~ $outhoki COUNTY Of SUFFOLK DEPARTMENT Of PLANNING LEE E. KOPPELMAN February 4, 1982 Ms. Judith T. Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "Joseph J. Lizewski" (#250) for a change of zone from "A" Agricultural & Residential to "B" Business, Tow~ of Southold (SD-82-1). Dear ~. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on February 3, 1982 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: It is inconsistent with the Town of Southold Development Plan which designates this area for agricultural-single family residence develop- ment; 2. It constitutes the unwmrranted further perpetuation of strip business development along Main Road (N.Y.S. Rte. 25): It would tend to establish a mrecedent for further dow~zonings along Main Road, adversely affecting the safety and traffic carrying capac- ity of said facility; and 4. There appears to be ample available business zoned land in the sur- rounding area. Very truly yours, Lee E. Koppelman Director of Planning Chief Planner GGN:jk RECEIVED ,iAN To,~ Cl~r~ gout~d COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D., NI.P.H COMMISSIONER January 15, 1982 Ms. Judity T. Terry Town Clerk Southold, N.Y. 11971 RE: Property N/E Corner of Main Road and Depot Lane Cutchogue (T) Southold Joseph J, Lizewski Dear Ms. Terry: I am in receipt of your letter dated December 22, 1981. This Department has no objection to your determination of lead agency status and establishment of the professional office building,pro- vided adequate sewage disposal facilities and water supply can be instal- led. It is our understanding that the proposal is for construction of a single office. If you have any further questions, please do not hesitate to contact this office. Very truly yours, Royal R, Reynolds, P.E. Public Health Engineer General Engineering Services RRR:ljr JUDITH T. ~fERRY TOWN CLERK REGISTRAR OI VITAL SYATISTICS OFFICE'OF TOWN CLERK TOWN,OF $OUTHOLD SUFFOLK COUNTY TELEPHONE · ~ ' (516) 765-1801 Southold, L. 1., N. Y. 11971 Pursuant to Sections 1323 to 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Planning Commission: X New zoning Ordinance Amendment of zoning ordinance Amendment of zoning map (change of zone) Location of affected land:North side of Main (State) Road, Cutchogue, New York. Suffolk County Tax Map No.: within 500 feet of: 1000-102-2-11 & p/o 12 X The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay'in Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COM2iENTS: Applicat,on of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District, Cutchogue, New York. Date Jan. 20~ 1982 Judith T. Terry Southold Town Clerk RECEIVED HENRY E RAYNOR Jr , Chaffman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. Willzam F. Mullen, Jr. Southold. N.Y. 11971 D LD TELEPHONE 765- 19,38 Southold Town Board Southold Town Hall Southold, New York 11971 January 20, 1982 Gentlemen: At a regular meeting of the Southold Town Planning Board, January 18, 1982 the following action was taken: Monday RESOLVED that the Southold Town Planning Board recommend denial on the application of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located at Cutchogue, based on the following reasons: 1. Constitutes strip zoning 2. Insufficient evidence in the correspondence to justify change of zone 3. Is not in conformity with zoning ordinance Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~ ----._ By Susan E. Lon~, JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O- Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: January 20, 1982 Pursuant to Article 8 of the Environmental Conservation Law State EnvironmenZal Quality Review and 6 NYCRR Part 617, Section 617_10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant; effect on the environment_ DESCRIPTION OF ACTION Application of Joseph J_ Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the north side of Main (State) Road, Cutchogue, New York. The project has been determined not to have a significant effect on zbe environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Enviromnental Conservation, it is assumed that there ls no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Main Road, Southold, Ne~ York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board Irving L. Price, Jr., Esq. JUDITH T. TERRY TOV, N CLERK REG[S~R~,R O[ V[I"~,L ST~,T[STICS OFFICE OF THE TOWN CLERK TOWN OF SOUIHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 23, 1981 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Raynor: Transmitted herewith is petition of Joseph J. Lizewski requesting a change of zone from "A" Residential and Agricultural District to "B" Light 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 recommendations. Very truly yours, Judith T. Terry Southold Tox~m Clerk Attachment JUDIFH T. TERRY TO%~ CLERK RJ~GISTRAR OI VITAL STATISYICS O~v~c~ oF TowN' CL~SK ToWN OF~SOUTHO[~D' gUFFOLff cOUntY' Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 December 22, 1981 Mr. David DeRidder Environmental Analysis Unit N.Y.S_ Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder: Enclosed is application of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property at Cutchogue, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your views on this matter. Written conments on this project will be received at this office until January 11, 1982 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc: Co~unissioner Flacke Southold Town Building Department Suffolk County Department of Health OFFICE OF TOWN CLERK TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK SUFFOLK COUNTY Southold. L. I., N. Y. I 1971 December 14, 1981 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by William H. Price, Jr. on behalf of Joseph J. Lizewski in connection with his application for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the north side of Main (State) Road, Cutchogue, New York. - Judith T. Terry c/ Southold Town Clerk Posted on Town Clerk's Bulletin Board on 12/14/81. I'O~,'IN OF $OUTHOLD SHORT ENVIRONMENTAL ASSESShlENT FORk~ ]NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected fhat additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely ±hat this project is not significant. (dj Environmental Assessment 1. ~','±ll project result in a large physical change to the project site or physically altez more than l0 acres of land? ........................ Yes X No 2. ~'~ill there be a ma)or change to any unique or unusual land form found on the site? .......... Yes X No 3, ~'lill project alter or have a large effect on existing body of water? ....................... Yes X No 4. ~!ill project have a potentially large impact on grou~dwate'r quality? ....................... Yes X No 5. ~'till project significantly effect drainage flow on adjacent sites? ........................ Yes X No 6, ~'~ill project affect any threatened or endangered plant or animal species? ........... Yes X No 7. ~'/ill project result in o major adverse et!ecL on air quality? ............................... Yes X No 8, ~',~ill project have a major effect on visual character of the community or scenic views or vistas known to be important ~o the community? Yes X No ?. ~'!ill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............ -.~,....~.~...-..-...., Yes X No 10. ~'till project have a Major effect on existing or future recreational opportunities? ......... Yes X No 11. ~'/ill project result in major traffic problems -- or cause a major effect to existing transportation systems? ....................... Yes X No 12. Will project regularly cause objectionable od~rs, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .................................... Yes X No 13. Will project have any impact on public health or safety? .................................... Yes X No 14. ~'!ill project affect the existing community by directly cousin9 a growth in permanent population of more than 5 percent over a one year period o__z_r have a major negative effect on the character of the community or neighborhood? ................................. Yes X No 15. Is there public controversy concerning the project? ...................................... Yes X No PREPARER'S SIGNATURE REPRESENTING Joseph J. CASt NO: ....... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD 1N THE MATTER OF THE PETITION OF JOSEPH J. LIZEWSKI FOR A CHANGE. MOD~ICATION OR ANIENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY. NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, ....J..°...s.e.~..h,....~.~....L..~:.P..e.w..s..k.~ .................... residing at ~.°..~...~.9..n.~.~.....c.~.~.c..h~.g...u.~.~- (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ............ ~.~.c.~O.,~..u.? .......................... and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate at Cutchogue, Town of Southold, County of Suffolk, and State of New York, described as follows: BEGINNING at a point on the northerly line of Main (State) Road (N.Y.S. Route 25) where said northerly line of Main (State) Road intersects with the easterly line of Depot Lane, and from said point of beginning running North 39° 39' 50" West 406.83 feet to lands now or formerly of Fogarty; running thence along lands of Fogarty North 43~ 38' 10" East 221.30 feet to lands now or formerly of Dunne; running thence along lands of Dunne South 44~ 36' 10" East 347.97 feet to the northerly line of Main (State) Road; running thence along the northerly line of Main (State) Road South 31° 20' 10" West 264.12 feet to the point or place of BEOINNING. Being noted on the Suffolk County Tax Map as District 1000, Section 102, Block 02, Lot 011 and P/O Lot 012. 2. I do hereby petition the Town Board of the Towq 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 zoning of the above described parcel from A-Residential and Agricultural District to B-Light Business District. 3. Such requestis made for the following reasons: Applicant desires to establish a professional office building on the above described premises which is not a permitted use under the current zoning. The proposal would make professional services more readily available to the residents of Cutchogue and New Suffolk and, in that the surrounding area is commercial, the construction of a professional office would not change the character of the district. (L. S.) . J ............ STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) JOSEPH J. LIZEWSKI BEING DULY SWORN, deposes and says that he is the petitioner in the within actiolt; that he }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 helief, and that as to those matters he believes it to be true. Sworn to before me this /:'.... day of .... ?.~.m~e.~ ........ , 19.':nn] CommQ~idE~lrel M~rch 30,19 41981 IRVING L. PRICE, JR. Mrs. Judith T. Terry $outhold Town Clerk Southold Town Hall Main Road Southold, New York Re: Dear Mrs. Terry: December 11, 1981 11971 Application of Joseph J. Lizewski for a Change of Zone In respect to the above matter, I enclose herewith application for a change of zone in triplicate, together with notice to adjoining property owners, short environmental assessment form, six copies of the survey, and my check in the amount of $100 as filing fee herein. If all is in order, please inform me of the date and time this matter will be set down for. If you have any questions, please do not hesitate to contact me. Very truly yours, ILP:kam Enclosures TOWN OF SOUTHOLD SHORT ENVIRONktENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in th&s short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the act&an. It is not expected that additional studies, research or other investigatZons w&ll be undertaken. (b) If any question has been answered Yes the project may be significant (c) project (d) and a completed IF all questions have is not been significant. Environmental Assessment answered No it is likely Environmental Assessment Form is necessary. that this 1. Will project result in PREPARER 'S SIGNATURE REPRESENTING Joseph a large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes X No 3, Will project alter or have a large effect on existing body of water? ....................... Yes X No 4. Will project have a potentially large impact on grouMdwater quality? ....................... Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes X No 6. Will project affect any threatened or endangered plant or animal specles? ........... Yes X 7. W±11 project result in o major adverse effect on air quality? ............................... Yes × 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes × No ~, ~'/ill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by o local agency? ............. ~,....~.~...--' .... - Yes X No 10. Will project have a bajor effect on existing or future recreational opportunities? ......... Yes X No 11. Will project result in major traffic problems or cause o major effect to existing transportation systems9 ....................... Yes X No 12. Will project regularly cause objectionable od~rs, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .................................... Yes X No 13. Will project have any impact on public health or safety? .................................... Yes X No 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have o major negative effect on the character of the community or neighborhood? ................................. Yes X Flo 15. Is there public controversy concerning the project? ...................................... Yes X No TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of JOSEPH J. LIZEWSKI to the Town Board of the Town of Southold. TO: William J. Depot Lane Cutchogue, Fogarty New York NOTICE Joseph P. Dunne Pine Neck Road Southold, New York 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 request a change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows; bounded on the North by lands of Foqarty; bounded on the East by lands of Dunne; bounded on the South by N.Y.S. Route 25; bounded on the West by Depot Lane. Known and desiqnated on the Suffolk County Tax Map as.. District 1000, Section 102, Block 02, Lot 011 and P/O o12. 3. That the property which is the subiect of such Petition is located in the following zoning district: A Residential and Aqricultural District 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: B Light Business District $. 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. Dated: December 11, 1981 PeUtione/J Jos~h J~Lizewski Post Office Address: Depot Lane Cutchogue, New York 11935 NAME PROOF OF MAILING OF NOTICE ADDRESS William J. Fogarty Depot Lane Cutchogue, New York 11935 Joseph P. Dunne Pine Neck Road Southold, New York 11971 STATE OF NEW YORK : COUNTY OF SUFFOLK: SS.: PlO" RECEIPT FOR c':.RTIF~ED MAIL William J. Fogarty Depot Lane Cutchogue, N.Y. 11935 12/11/81 RECEIPT F.~t CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIDNAL MAlt Joseph P. Dunne Pine Neck Road Southold, N.Y. 11971 12/ll/Sl KATHY A. MAZZAFERRO j residing at Chestnut Road, Southoldr New York 11971 , being duly sworn, deposes and says that on the //?iq day of December ,19 81 , 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 Southold _; that said Notices were mailed to each of said ~ersons by (certified) (~l~tist~l~d~ mail_ Sworn to me this da¥of December ,19_ 81 . Notary~ublic UU~b M. GANNON NOTARY PU~IC, Slate 0l N SIl~ Ca. No. 4701594 Term Exp~es March 30, - � � .• ` - ' " '� �'�E�• <..'.{-�4�'af'ti` � Jam' = fs'�i�d� - AT 5c4�oo,rus� .,," ; i _ _ .- - '�.���''� 4•�_T�ogccr!'t!- l(J1.. � �. �, � ', -�, �, ..• _ .. _ - - �iCCx'l�?• �,��.`-•�-�`, •.. � .i `S,- � - � ..���•��'=-� :_ ,z �N=9��cryt.'��, ',.»: ,�` 11 ,�' _�' - - .t�t'vC'Y=- .��c�_OfGY�S , t;Jrt r cam• Sr. oal " :�rsr '� : , 2 - _.� i �. -ClIn ,vt- _ cr y; e icfErtc i C�Ltaftt�.�.i 44 y _'r,,` f _ � �!�` 1 ��- �45�•:r-e �- � i^ �1 �Ga'�• ,.1Q �' _ � ,� �: �. �"--" � ��, �L�. P�GY}: c'ti'�GYV �:�.. tom • fT Q• i !' LC;�" � � .i�� ' .� �,�•��• /%ti - '..:--''`+ ? � ;�� �f16'f4-'XCE-��'Q�3 5,ha�vrr. �1 /✓ `` `33 _ I �- '-, „�•> • �~ _. �` '_ -°''"`�f _ • - - • Lieercy Ln�tc� ?tfr-L�cr�as�-s Or+ New Y'Ork Lime LmZ M" L�7` Ll-ni, (7-r—l" RV A,) V-.-9 R./il rm-7) llem [E X _ 1 - 1 - �1, _I i - 1 i t ►u i •- f t ii — y r _ _ �; 'I� _ ��I 'i 11il1I I,,f4� ��I 1►'-' 1. � ®� � ;- ! �! I ; 1 + i � � 1 D'D� n - I"""y' E _il - _ _ .-_ ._ .�� , _ - "4 + 4TB ELEVATION `,,6titiE: fig„ • i'-O" I c 4p, NEW ADDITION EXISTING BLDG SUITE B SUITE C tC1ex at Q / i 6X A M ❑ t 1 O 0 Ott �xhM Jt \ Ja.ka. SUITE A 11e o LAV ❑ = { �J --1 -- - - - 12 - x tAv , RtrG�FT1cN SAV, - 4 r1-- bX A M e x A tit 10 _ . j Ln I 11° K10°' 11 � x to' 1�°x10 EGI; Tlr.ty WAt?tNC, ISM. R TT e I ]1; - i i ~tet LT4�AG£ t:d?rl FLOOR PLAN SGALE 1/t 11. tl' pu l L 4 �'U' l 0 }` &4N . o . •r � � 710 1�--'� ` � `�+ w '�S 1 1 _yo ,1 a r- SITE PLAN �4Z!j_ All.6 .AREA OF SITE 6,b. 55¢ c-a.fT• PVT i� 3� >� D " W• i73. 1�� ------__.__ _ ___---.__ 233. 70 _ _-._______ _ . _._ _ _ -...___.._. _—__---