HomeMy WebLinkAboutBarzac, George A. Sr WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ......... ~.~.~..~...~(~.~...~T~.. ........................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from ..?..A.'~...R.~.,...~'..~cI~'.~.~.. District to ..... ~i)~'.'....~'.~Jrt~.$~ ..........
District the property described in said petition, and
WHEREAS said petition was duly referred to the Planning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter, a public hearing in relatio~ to said
petition having been duly held by the Town Board on the ....~:~.~-}) ...... day
of ........... ~.~-~'~ ................... , 19..~.., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded ~n said
petition be, and it hereby is DR~TED.
Albert W. Richmond
Town clerk
MINUTES
TOWN BOARD
January 14, 1966
Present:
SUPERVISOR LESTER M. ALBERTSON
~USTICE RALPH TUTHTT.T.
JUSTICE HENRY CLARK
COUNCTT.~JuN HOWARD VALENTINE
TOWN CLERK ~T.mERT W. RICHMOND
GeorGe Barzac
Harold Tuthill
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SUPERVISOR ~T.RERTSON: I will open the hearing at this time by
reading the legal notice.
"LEGAL NOT~CE~ NOT~CE OF HEAR/~NG ON PROPOSAL TO AMEND ZON3/qG
ORD3_NANCE
"Pursuant to Section 265 of the Town Law and Article ~X of the
Buildihg Zone Ordinance of the Town of Southold, Suffolk County, New
York, public hearings ~ill be held by the Southold Town Board in the
Office of the Supervisor, 16 South Street, Greenport, New York, in
said Town on the 14th day of January, 1966, at 7:30 o'clock in the
evening of said day on the following proposals to amend the Building
Zone Ordinance (including the Building Zone Maps) of the Town of
Southold, Suffolk County~ New York.
"1. By changing from "A" Residential and Agricultural District
to "B" Business District the following described property:
"All that certain tract or parcel of land, situate, lying and
being at Southold, in the Town of Southold, County of Suffolk and
State of New York, bounded north by other land of George A. Barzac,Jr.,
200 feet; east by other land of George A. Barzac, Jr., 160 feet; south
by land of J.H. Cassidy 200 feet; and~st by Boisseau Avenue, 160 feet.
"2. By changing from "A" Residential and Agricultural District
to "B" Business District the following described property:
"All that certain tract or parcel of land, situate, lying and
being in Southold, in the Town of Southold~ County of Suffolk, and
State of New York, bounded and described as follows:
"BEGINN/~NG at a point on the curved southerly line of Middle Road
at the northeasterly corner of land of George Braun and the northwesterly
corner of premises herein described; running thence easterly along
said southerly line of Middle Road on a curve to the left having a
radius of 2325.01 feet, a distance of 325.08 feet; running thence along
other land of Harold E. Tuthill, south 8 degrees 57 minutes 30 seconds
-3-
east a distance of 263.42 feet to land of Bucci; running thence
along said land of Bucci, south 81 degrees~ 16 minutes 50 seconds
west a distance of 300 feet to said land of George Braun; running
thence along said land of Braun, North 8 degrees 57 minutes 30 s~nds
west a distance of 137.59 feet to the point or place of beginning.
Said premises containing one and one-third acres~ be the same more
or less.
"Any person desiring to be heard on the above proposed amendments
should appear at the time and place above specified.
"DATED: December 21, 1965, BY ORDER OF THE SOUTHOLD TOWN BOARD,
ALBERT W. RICHMOND, TOWN CLERK."
SUPERVISOR ~LBERTSON: There is an affidavit in the file both
from the Long Island Traveler and the Suffolk Weekly times indicating
the publication was made of this legal notice.
I will now read the recommendation of the Planning Board.
"It is hereby RESOLVED that the Southold Town Planning Board
unfavorably recommends to the Southold Town Board the change of ~ne
from "A" Residential and Agricultural District to "B" Business District
on the property of George A. Barzac, Jr., as described above.
"The Board feels that the type of business the applicant
purposes would be unsatisfactory in this particular neighborhood, due
to the use of the adjoining property which is a potato grading station.
The potato grading station, the noise, dust, dirt, and trailer trucks
backing in and out all contribute to making this an unsatisfactoy
location for the type of business proposed.
"R~pectfully submitted,
Planning Board."
SUPERVISOR ALBERTSON:
who wishes to speak in
/s/ John Wickham Chairman~ Southold Town
At this time is there anyone present
favor of this change of zone?
-4-
RENSSELAER G. TERRY, JR., ESQ: Mr. Supervisor and gentlemen of
the Town Board~ I appear on behalf of M_r. Baraac, the applicant. Mr.
Barzac is asking to change the zone of this particular area because his
wife is a beautician. She would like to operate a beauty parlor on
the premises. There are now two buildings on the premises. She
would like to develope one of these into a beauty parlor. This
man has some 610 feet on Boisseau Avenue and he is building another
house to the north. He mentiDned to me that he had talked to some
of the neighbors and they are willing to have a beauty parlor there
and have it act as sort of a buffer situatioD/chere.
As far as the Planning Board's recommendation, the lo~ation of
the potato grading station is far enough back so that I don't think
that it will interfere with the business. I think that the Planning
Board has stated~at perhaps
to go there because of noise~ dust, etc. The application is
a change of zone for the operation of a beauty parlor. This
she will not be able to get customers
for
is not
detrimental to
the~itit of the Ordinance.
I don~t know how good she is or whether she will be successful.
It seems she should have the right to operate a beauty parlor and
use this property in such a fashiBn. It will not be detrimental. I
ask that the Board give favorable consideration to this change of
zone.
SUPERVISOR ~?.~ERTSON:
are you asking for a "B"
the character of the neighborhood, and it would observe
I would like to ask you a question. Why
zone? Why not a "B-l" zone?
-5-
RENSSELA~R G. TERRY,JR.~ESQ: There are no provisions in the
"B-l" Zone for a beauty parlor. It states a barber shop, but not
beauty parlor. The applicant would be happy with any zone~at
would permit the operation of a beauty parlor.
SUPERVISOR ALBERTSON: Anyone wish to be heard in opposition
to this change of zone?
JACK DELANEY: I don't know if I am in opposition to this. I
would like to ask a couple of questions. I am one of the neighbors
that Mr. Barzac spoke to, and I assured him that I~ould have no
objection to a beauty parlor in this neighborhood.
If this variance is granted what effect will this have on
any parcels adjoining? Would it make it any easier for any one
else to get a variance? This is one question. Another question
that I have deals with a point that Mr. Terry brought out, whether
or not it would be possible for a business of this nature to operate
in this area due to the close proximity of this potato grading
plant. The noise element and quite heavy traffic, particula~y
the large trucks. Should a beauty parlor fail there, there would
be no way of knowing what this same building would be used for.
Also I would like to ask, if the variance is granted I would like
to find out from the Board what would have to be done by the
people in this area to block a future down ~ning in that area?
SUPERVISOR ALBERTSON: You've asked two or three questions. In
so far as if some one could make a ~ving on business in this area~
this is not part of what we have to decide. We have to decide
whether or not this is the right place for business to be established.
Not just this particular business, but any kind of business. If
a person passes away a year after he gets a change of zone, we have
to consider what else could come in this area. That is the reason that
you would not have to be do~Nzoned this far.
-6-
JACK DELANEY: In other~rds, in the Town Zoning there is
another ~ne that would limit Mr. Terry?
(A brief discnssion was held on the various uses permitted in the
different "B" ~nes.)
RENSSELAER G. TERRY, JR.,ESQ.:
willing to leave it as
a beauty parlor.
SUPERVISOR ALBERTSON: Mr.
can you keep the business~ne
we have hearings.
JACK DELANEY:
The applicant would be perfectly
a residential~ne as long as he can operate
Delaney, your other question was how
from expanding. That is the reason
You mean appear at the hearing. Would everyone
have to appear or would a petition be just as effective.
SUPERVISOR ALBERTSON: They could sign a petition and at the
time of the hearing they could designate one person to speak for
them.
In answer to your other question. If this property was changed
to a business ~ne and now we have two business zones in this area,
it might be easier to get a third business. I think that's a fair
answer.
RENSSELAER G. TERRY,JR.,ESQ.: I thought that Mr. Cassidy~s
property was zoned industrial. In a situation like that if he was
going to change, he might ask for an industrial ~ne. Mr. Barzac has
built his home on the north, he doesn't want to do anything that
would 'injure himself in any way.
SUPERVISOR ALBERT$ON: This bus iness~ne might keep~he commercial
zone from expanding.
Is there anyone else present who wishes to be heard on this
change of zone application one way or the other?
(Therewas no response.)
-7-
SUPERVISOR ALBERTSON:
at this time for the further deliberation
SUPERVISOR ALBERTSON:
Hearing none, I will close the hearing
of the Board.
I will open up the hearing on the
second parcel of land in question by reading the recommendation of
the Planning Board.
"It is hereby RESOLVED that the Southold Town Pla~ing Board
favorably recommend to the Southold Town Board the change of zone
from "A" Residential and Agricultural District to "B" Business
District on the property of Harold E. Tuthill as described above.
"The Planning Board points out at this time that the County
highway will probably be widened on this side of the h~hway,
which may present some problems.
"Very sincerely, /s/ John Wickham, Chairman, Southold Town
Planning Board."
SUPERVISOR ALBERTSON: Is there anyone present who wishes
to be heard in favor of this proposed change of~ne?
RENSSELAER G. TERRYtJR.,ESQ.: I appear on behalf of Mr. Tuthill,
and Mr. William Smith, the prospective purchaser of the property. The
proposed change is in compliance with the character of the neighborhood.
Across the street there is a garage. There is a hardware store in
the immediate area. The property to the west is already z~ned for
business. This would be an expansion of the business district and
we ask~at the Board give
SUPERVISOR ALBERTSON:
business? Who owns it?
favorable consideration to this application.
The property to the west is~ned for
RENSSELAER G. TERRY,ESQ.: George Braun owns the property
to the west.
(Mr. William Smith pointed out on the survey the exact location
of the property in question.)
-8-
MR. WILLIAM SMITH: I think that a good deal of this property
is zoned for business.
SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor
of this change of zone?
(There was no response.)
SUPERVISOR ALBERTSON: Anyone present who wishes to be heard
in opposition to this change of zone?
(There was no response.)
SUPERVISOR ALBERTSON: Is there anyone present who wishes to
be heard one way or the other on this proposed change of zone?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, I will close the hearing
at ~is time for the further deliberation of the Board.
L~AL NO~E
NOTICE OF ~G
ON PR~O~L TO
~ ~N~O O~
P~ant ~ ~ctlon ~ ~f ~e
To~ ~w a~ ArUcle ~ of the
~ng Zone ~ce of
T~wn of ~hold, Suff~
ty, N~w Yolk, 9~bllc
w~ ~ held by ~e ~u~old T~n
~a~ ~'~ Of~e of ~e S~er-
v~r, 1~ ~th Street, Green~rt,
~New Y~k, In ~d ~ ~ the
~4th day of ~, 1~,
~:39 o~cl~k In ~e ev~n~ ~f ~d
day, on the fol~wlng ~ro~s
amend the Bu~d~g ~ne
~ce (~u~ ~e~u~dl~ Zone
M~) of the Town of ~u~old,
Suffolk cowry, New Y~rk..
1. By c~ fr~ "A"
denUal and A~c~t~ ~t
"B" Rusl~ ~tt ~e
~1 ~at trot ~ ~cel
~old, ~n the ~n ~
old, County of ~fo~ ~d S~te
Jr., ~ f~t; e~ by other land
of ~e A. ~c, Jr,, 160
f~t; s~th by lan~ of J.
:sldy 2~ fe~t; ~nd ~t by
~ 2. By ~ from "A"
· den~ ~d ~flc~t~
~ t~h ~t. or p~cel of
l~d,,.sl~, ly~ and
~ld, C~nty of S~fol~ ~nd,
~ta~ of N~ Y~rk, ~d~ and
d~rt~d ~ fo~w~:
COUNTY OF SUFFOLK,
~' ss:
STATE OF NEW YORK, l
says that ..~ ~ ['.. ~s Printer end Publisher ~ ~e SUFFOLK
WEEKLY TIMES, ~ news~er pub~sh~ ~t ~reen~ort, in ~d
county; ~nd that the noti~, ,of which the .~nnexed Js a printed
copy, has been published in the ~ld Suffolk Week~ Times
~nce in each w~k, ~r ........... c..
successiv61y c~mmencing on the .. ~'.
..,~J~.~+:~.~ ~>.~.. 19A
,.: .... ..........
e~ ~ ~, ~ ~ffie~ ..................................
~ ~ ,~ ~rly comer,
o! .land .~ Oe~rge Braun and
the n~t~we~berly corner ~f pre-
~ herein desc~-lbed;
~en~ ~rly
~r~. ~ of' ~d~e ~d
on ~ c~e ~ t~ left ~vl~
a ~ ~ ~.01 f~t, a dis-
~ ~ ~.~ ~t; r~g
th~ ~
~ ~ ~, ~th 8 d~re~
~ ~ ~.~ f~ ~ I~d of
~ land ~
a d~ce of ~ feet ~ ~d
land ~ ~o~ ~aun;
~ ~ ~d ~nd of
u~ ~ s~o~ w~ a d~n~
oT 1~ feet ~ ~e ~int or
~ ~ one and ~ne-
t~rd ~s, ~ ~e ~e m~e
or ~.
Any ~e~ dewing ~ be he~
on the proud amen~ents
should ~ar at the t~e and
~: Mr
S'I.',Af~L~Y S. CORl~'iix[
NOTARY PUBLIC. State
Cik~. N:,. ~Z-~E26.iO0
~tssion Expir~ Murch30,~
LEGAL NOTICES
NOTICE OF HEARING ON
PROPOSAL TO AMEND
ZONING ORDINANCE
P~rsuant to S~ctlen 265 of the Town
Law and Article IX of the Building
Zone Ordinance of the Town of South-
old, Suffolk County, New York, public
hearings will he held by-t~he ~outl~ld
Town Board in the Office of the Sup-
Southold, Sgffolk County, N~w York,
and AgrtcuR~ral Di~lc~ to '~" Rusl-
Suffolk and State of New York,
bounded north by other land~ of
by other land of George A,
Casady 200 feet; and west b~
2. By chs~,tn~ from "A" Reeldentia]
ne~ District tl~ following deeer~bed
p~er~:
Ali Mt tract or p~rcel of land,
In the Town of 5outhold, Count~ of
Su/~olk, and 8tare of New ¥0~k~
hmmded and de~2~ced as .follows:
red southerly line of Mlddle Road,
alor~ said southerly line of Middle
Road on a curve to the left ha~tn~ a
other land of ]~rold E. Tutllll],,
· d~4mee of l~q~9 feet t~ the
point or place of beginning. S~d
less.
appeae at the .time and place specified.
ALRERT W. RIC'q~MON~,
COUNTY OF SUFFOLK
STATE OF NEW YORKI ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA']-rlTUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for ....~;~...~.././/~)week/
successively, commencing on the ........... ~...¢..~ ...................
day of ........
...................................... ....
Sworn to be{or* me this ...... ~...~.. ......... day of
.... ........
Pursuant to Section 265 of the To~n Law and Article IX
of the Building Zone Ordinance of the Town of Southold, Suffolk
County, l~ew Yorkf public hearings will be held by the
Southold To~n Board in the Office of the Buper~lsor, 16
South Street, Oreenport, Sew York, in said Town on the
14th day of January, 1966, et 7s30 oOclock In the evenin9
of said day on the follo~ing proposals to amend the Building
Zone Ordinance (including the Building Zone Mmpi) of the Town
o£ Bouthold, Suf£oik,County, tl~ York.
1. By changlng from "A" Residential and Agricultural
Dtst. rl~t ~o "B" BUS*neBS l~leLTlct the ~o11~1~ ~fcr~d
pro~zty~
All ~at ~act or ~el of land, situate, lying
~d ~lng at S~old, ~ ~e T~n of 6ou~old, County
of Su~o~ ~d ftlto of l~ York, ~un~d ~r~ by
o~er l~d of ~orge A. B~zac, Jr., 200 ~tr east
Iou~ b~d of J.H. Casfl~ 200 ~eet~ and west by
~inaesu A~ue, ~60 f~t.
2. By Changing frou "A" Residential end Agrlcultttral
DtsLrlct to "B" BusineSs DlmtrLct the following deecrll~d
property~
All that tract or parcel of land, situate, lying
and being in Xlf]~ 8outhold, in the Tmen o£ $outhold,
County of Su£itolk, and State of New York, boundad
and described as followe~
2
of ~ Sroun ~d ~e ~r~esterly corner
ming saAd a~erl~ l~e of ~l~e ~d on a cu~
l~d of ~ld S. ~. S~ 8 ~reea 57 m~u~s
8X ~, X6 mZnute~ 50 ,ec~ ve,t
3O0 b~ ~o aaXd X~d of ~ Braun~
aX~g ~Xd lnd of ara~. N~ 8 ~g~s 57 minutes
30 o~ ueo~ a d~et~ce of ~37.59
~t or p~ of ~~. Said p~x~s
~e ~d ~d mc~m, ~ ~ mm ~re or l~m.
Any person c$mJk,~Ang to be heard on ~he abc~e proposed
~ ~. R~, ~ C~
tT~
Southold Town Planning Board
SOUTHE]LD, L. I., N. Y.
PLANNINC~ BOARD
MEMBERS
John ~(/icl~hem, Chairman
Alfred Grebe
Report to:
Southold Town Board
16 South Street
Greenport, New York
December 16, 1965
Gentlemen:
This is to certify that the following action was taken by
the Southold Town Planning Board ata regular meeting held on
December 15, 1965:
In the matter of the petition of George A. Barzac, Jr.,
relative to a change of zone from "A" Residential and Agricultural
District to 'B" Business District, on certain real property
situated at Southold, in the Town of Southold, Suffolk County,
New York, bounded nQrth by other land of George A. Barzac, Jr.,
200 feet; east by other land of George A. Barzac, Jr., 160 feet;
south by land of J.H. Cassidy 200 feet; and west by Boisseau Avenue,
160 feet.
It is hereby RESOLVED that the Southold Town Planning Board
unfavorably recommends to the Southold Town Board the change of
zone from "A" Residential and Agricultural District to "B" Business
District on the property of George A. Barzac, Jr. as described
above.
The Board feels that the type of business the applicant
proposes would be unsatisfactory in this particular neighborhood,
due to the use of the adjoining property which is a potato grading
station. The potato grading station, the noise, dust, dirt, and
trailer trucks backing in and out all contribute to making this an
unsatisfactory location for the type of business proposed.
Respectfully submitted,
~ohn Wickham, Chairman
Southold Town Planning Board
/bd
OFFI EI~K
T~
c;OUTHOLD~ L. I., N. Y.
December 15, 1965.
Mr. John Wlckham
chairman, Planning Board
Cutchogue, New York
Dear Mr. Wicklm~m;
The original petition of George A. Bar zac, Jr.
of 25-35 4th Street, Long Island City, 3, N.Y.
relative to change of zone form "A" Resident-
ial and Agriculural District to "B" Business
DistrAct on certain property located in
Southold, N.Y. is in the files in the office
of the Planning Board at Southold, N.Y.
You are instructed to prepare an official
report defining the conditions described in
the ~etition and determine the area so
effected with the recommendation of your
Board.
Very truly yours,
Albert W. Richmond
Town Clerk
CASE NO.: ..............
STATE OF NEAV YORK PETITION
TOX. VN OF SOUTHOLD
IN THE MATTER OF TIlE PETITION OF
FOR A CHANGE. MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDI-
NANCE OF TIIE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEXV YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
25-~5 4th S~reet
(insert nanme of petitioner)
Suffolk County. New York, the undersigned, am the owner of certain real property situated at
· .~t:l.th..°.],.~. .......................... and more particularly bounded and described as follows:
ALL that traet or paroel of land, situate, lying an~
being at 8outhol~, in the Town of Southold, County of SuffolE
and State of New York, bounded ~ North by other land of
Geor~'e A. Barza~, Jr., 200 feet; gast by other land of George A.
Barzao, Jr., 150 feet; South By land of J. H. Cassi~y 200 feet;
and West by Boisseau Avenue, 1~0 feet.
2. I do hereby petition the Town Iloard of the Town of Southold to change, modify and
amend the Building Zone Ordinance t,f the Town of Soutbold, Suffolk County, New York,
including the Building Zone Maps heretofore made a part thereof, as follows:
Change from #A" Resi4ential an~ A~lreultursl to
Business Zone
3. Such request is made for tile following reasons:
Applicant desires to ~hange ~o "B' Business Zone in
order to provide for maintenanoe of a beauty pa~lor. The ~remises
immediately to the South are used as a potato marketin~ and
distribution eenter and are believed to be zoned "B" Business.
the proposed ohan~e would apt as a sort of buffer and would not
violate the spirit and intent of the ordinance.
(L S)
STATE OF NE\V YORK,
COUNTY OF SUFFOLK,
SS:--
GEOR(}E A. ~AI~ZAC, ,J'R, BEING DULY SkVORN, deposes and says that
he is the petitioner iii the within action; that he has read the foregoing Petition and knox, s
the conteuts thereof; that the same is true to his (her) own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to those matters he believe~ it
to be true.
~ November 19 ~§
this ..~.... (las' of ....................... , ....
.....
WALTER GEORGE KAPP
ATTORNEY AT LAW
~OUTHOLD, N, Y. 11971
June 3, 1967
Town Board of the
Town of Southold
16 South Street
Greenport, Uew York
[~e:
Ap~lieation of George A. and Liza
Barzac, for a change in zone of
property on Boisseau Avenue,
Southold~ ~ew York
Gentlemen:
Please be advised that ~¥ clients wish to
withdr~w the above-captioned application and I would~ there-
fore,appreciate your marking ~our records accordingly.
WGK: g
ReSpectfully yours,
MINUTES
SOUTHOLD TOWN BOARD
April 18, 1967
Present:
SUPERVISOR LESTER M. ALBERTSON
COUNCT?.MAN HOWARD VAT.F. NTINE
COUNC/_LMAN LOUIS DEMAREST
JUSTICE HENRY CLARK
TOWN ATTORNEY ROBERT W. TASKER
Georqe Barzac, Jr. & Wf.
Steve J. Doroski
2
SUPERVISOR ALBERTSON: I will open the meeting at this time by
reading the legal notice of hearing.
"Pursuant to Section 265 of the Town Law and Article~( of the
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York, public hearings will be held by the Southuld Town Board in the
Office of the Supervisor, 16 South Street, Greenport, New York, in said
Town on the 18th day of April, 1967, at 7:30 'o'clock in the evening
of said day on ~the following proposals to amend the Building Zone
Ordinance (including the Building Zone Maps) of the Town of Southold,
Suffolk County, New York.
~1. By changing from "A" Residential and Agricultural District to
"B-2" Business District the following described property:
"All that certain tract, piece or parcel of land situated at
Southold, in the Town of Southold, County of Suffolk, and State of
New York, and more particularly bounded and described as follows:
"Beginning at a monument on the easterly line of Boisseau Avenue,
at the southwesterly corner of land of Barzac and the northwesterly
corner of land of Barzac and the northwesterly corner of land of
Cassidy; from said point of beginning running along said easterly line
of Boisseau Avenue, North 2 degrees, 30 minutes 10 seconds East i60 .0
feet; thence along said land of Barzac, two courses as follows: (1) south
81 degrees 55 minutes 40 seconds East - 391.31 feet; thence (2) South
2 degrees 30 minutes 10 seconds West- 160.0 feet to said land of Cassidy;
thenc~ along said land North 81 degrees 55 minutes 40 seconds West -
391.31 feet to the point or place of beginning.
3
"2. By changing from "A" Residential and Agricultural District
to "B" Business Districtthe following described prope~;:
"All that certain tract, piece or parcel of land situated, lying
and being at Southold, in the Town of Southold, County of Suffolk,
State of New York, and more particularly bounded and described as
follows:
"Begininng at a point on the southeasterly line of Middle Road
(CZ 27), which is 274.62 feet northeasterly from the point of intersection
of the Southeasterly line of Middle Road and the northeasterly lineof
Ackerly Pond Lane; said point being the end of the present "B" Business
District line along that part of Middle Road. Running thence northeasterly
along said southeasterly line of Middle Road N. 21° 28' 50" E. 78 feet
to land of Donahue; running thence along land of Donahue S. 55° 52' 00"
E.- 593.03 feet to land of Long Island Railroad, running thence north-
westerly on an arc along land of Long Island Railroad 327.33 feet to
the northeasterly line of Ackerly Pon Lane; running thence northwesterly
along the said northeasterly line of Ackerly Pond Lane, N. 59° 45' 00"
W. to the present "B" Business District line which is 200 feet south-
easterly from the before mentioned point of intersection of Middle
Road and Ackerly Pond Lane on said northeaster3-1r line of Ackerly Pond
Lane; running thence northeasterly along the present "B" Business
District line which is parallel to and 200 feet distant from the south-
easterly line of Middle Road to a point which is the end of the present
"B" Business District; thence northwesterly along the present "B"
Business line N. 55° 52' 00" W.- 200 feet to the southeasterly line
4
of Middle Road, to the point and plsce of beginning.
"Any person desiring to be heard on the above proposals should
appear at the time and place abo~e specified°
"DATED: March 21, 1967, By Order of the Southold Town Board,
Albert W. Richmond, Town Clerk°"
SUPERVISOR ALBERTSON: I have the affidavits of publication in
the file. I will now read the recommendation of the Planning Board°
"It was RESOLVED that the Southold Town Planning Board recommend
favorably to the Southold Town Board the change of zone from "A"
Residential and Agricultuaal District to "B"-2" Business District on
the above described property.
"The Board feels this is a reasonable request in view of the fact
there is business property adjoining the property in question, and bus-
iness property across the street from the property in question. The
Board also points out there is a buffer strip between this proposed
change and the potato grading station°
"Very sincerely, /s/ John Wickham, Chairman, Southold Town Planning
Board°"
SUPERVISOR LESTER ALBERTSON: Before we go into the hearing I would
like
M_ro
in
may have signed°
I will read.
to say that I have received letters ~rom Mrs. Harry E~ Schlachter,
& Mrs° Roy C. Taplin~ Clarence Salter, and Theodore Jo Bucci~ which
effect request the remoHal of the names from any petition thay they
I have also a letter from M~o & Mrs. Barzac which
-6-
appeared before this Board in favor of an application. I stress
that because I want you to know I am not appearing only because My
friend Mr. Kapp asked me to. I really don't understand why the
neighbors in this particular area have su=h objections to this
particular application. As you just pointed out it is right next
to the Cassidy operation, t_he rear end of the property we are
asking for to be rezoned adjoins the Long Island Railraod property.
And I feel simply that this would not hurt anyone of the present
residents in the'~" Zone in that area. Now originally and before
ever came into this case, the applicants, Mr. and Mrs. Barzac, as
you pointed out, had circulated a petition with some 20 names of
people on Boisseau Avenue and in the vicinity who said they did not
object to the application. Since that time, for some reason, or
another, and this is their privilege and own right, but for some
reason or another some of these people have requested that their
names be withdrawn from the petition. I will give you this petition
and I don't want to mislead the Board. I am certain they are all here
tonight and will register their objection to it. You read, Mr.
Supervisor, letters from three or four who are withdrawing their names.
There are many more I am sure that have withdrawn their names. I am
putting this petition in only because there are some on here who have
not. Between the time Mr. Kapp took this application and this
hearing, some of these people changed their minds.
-7-
To get back to our own application, in addition to the letter,
Mr. Albertson, you read in which Mr. and Mrs. Barzac have agreed
to do whatever the Board desires with the ~roperty by deed or
covenants on the remaining acreage, there will be restrictive
covenants that this remaining acreage=will remain as the present
Zoning Law "A" is. This of course we stand by. As far as this
particular parcel parcel that we are trying to get down graded from
an "A" to "B-2", my client was willing to give covenants on this
fr~kly, far beyond anything that I would recommend. I did have
numerous negotiations by telephone with the attorney of the majority
of the opposition. I have given them assurance that we would say we
would give restrictive convenants on this particular parcel against
any intoxicating liquors being sold on the "B-2". That would almost
forbid the sale of this ~roperty to a delicatessen because they would
not be able to sell liquor. We got to the point where they sa~ we
would have to withdraw number 9, retail stores and number 11 a bake
shop. It went so far that we could only keep number 16, which is
a marina. We go along with the statement that the Barzac's made on
the remaining property. It will remain residential any way the
Board wants. We are applying for a "B-2" Rezoning ~ith no restrictions
whatever on this property. We have gone overboard trying to satisfy
them, Mr. Supervisor and members of the Board. They want us to say
that we will give covenants running ~ith the land that this will be
a beauty parlor and nothing else. I can't let any client go along
with that. Suppose that the beauty parlor fails and he has restrictions
that nothing but a beauty parlor could be operated there. From now on
-8-
that property would stand absolutely idle, whether the Board wants
to see it or not.
I have a bill and order for beauty parlor equipment with the
condition in this order if it isn't rezpned he can't build° I will
submit it in evidence if the Board wishes.
We will do whatever on the remaining 12 acres of land, but on
this particular parcel we are asking for a full "B-2" zoning°
SUPERVISOR ALBERTSON: Thank you° Is there anyone else present
who wishes to speak in favor of this application?
(There was no response.)
SUPERVISOR A?.RERTSON: Is there anyone present who wishes to
speak in oppositinon to this application~/
JOHI~ McNULTY, ESQo: I am appearing here for the neighbors and in
opposition to the application° Mr. Supervisor, the neighbors have
no objection to the beauty parlor but they do have to cektain uses
in the "B-2" Zone. I ask that the Board take notice of the previous
application that was made in November, 1965. At that time, Mr.
Supervisort an application was made to change from "A" Residential
and Agricultural to "B" Business District and Mr. Rensselaer Terry
represented the applicants, Mr. & Mrs. BarzaCo The Planning Board,
on December 16, 1965, recommended disapproval of that application
because as they stated the type of business the applicant proposes
would be unsatisfactory in this particular neighborhood, due to the
is a potato grading station.
dust, dirt, and trailer trucks,
an unsatisfactory
use of the adjoining ~ property which
Tt3e potato grading station, the noise,
backing in and out all contribute to making this
location for the type of business proposed.
SUPERVISOR ALBERTSON:
JOHN MCNULTY~ ESQm:
Board restricting them.
-12-
Or one use?
Or one use. No one can complain about the
It is within the Board's power to ~ut on
restrictions,
or modify the restrictions.
give some.
SUPERVISOR ALBERTSON: Is
to speak against this
JACK DELANEY: Mr.
there was objection.
and at any time the Board and the owner can annull
You are not bound to give all, you can
the~e anyone else present who wishes
ap~lication?
Slocum mentioned that He didn't understand why
believe that was made clear to M_r. Kapp before
he went into the hospital.
in people's mind about the situation or proposal
property. At that time my understanding was, Mr.
would be no covenants on this piece of property. He further
that they would go along to restrict the parcel ........
There is objection only because of doubt
for a club on the
Kapp said that there
stated
JOHN MCNULTYmESQ.: He said they would not mestrict the parcel
for which the application was made.
SUPERVISOR ALBERTSON: I think that is what Mr. Delaney is saying.
JACK DELANEY: They would not k put any covenants on this property
at this time. The question comes up, if he wants a beauty parlor why
won't they consent to covenants at this time.
SUPERVISOR ALBERTSON: Is there anyone else who wishes to be
heard in opposition to this change?
(There was no response.)
-13-
SUPERVISOR ALBERTSON: Is there anyone else in favor of this change?
KENNETH SLOCUM, ESQ.: I wish to call the Board's attention to one
thing Mr. McNulty said. I don't think the Board can consider anything
M_r. Terry said at the original hearing that was amending the applicati~
to a "B-i" or "B-2". You have to consider the application that is
before you at the present time, filed by Mr. Kapp. Both Mr. Kapp and
Mr. Terry thought this would be a sort of buffer zone and indicated that.
We have stated that we will give on the remaining 12 acres that
it will remain as an "A" zone. There°is more than 325 feet on Boisseau
Avenue to the nearest residence and the nearest residence is that of
Mr. & Mrs. Barzac, and this is their own property. In answer to your
question as to what we would put on there and in answer to Mr. McNulty's
lecture to the Board on the Court of Appeals, that is all out the
window. I have had negotiehions with Mr. McNulty on behalf of my'
own client and said we wo~d give a deed and restrictions on the
remaining property. We are applying for a full "B-2" rezone.
SUPERVISOR ALBERTSON: Anyone wish to be heard on way or the other?
JOH~ MCNULTY,ESQ.: In response to my lecture to the Board, while
the neighbors have negctiated back and forth, still does not preclude
this Board from imposing conditions. This Board can state that we
can have this use or that use, or another use. It would be valid
for ~ou to do so.
KENNETH SLOCUM~ESQ.: I am familiar with the case Mr. McNulty
has given you. It is Church vs Islip. Your own Town attorney is
here and I know that he ~ familiar with it. He speaks of the Court
of Appeals. They only turned down another appeal from the appellate
Division. It is no law. I am here under the Zoning Use.
-14-
SUPERVISOR ALBERTSON~ Is there anyone else who wishes to be
heard one way or the other on this applicati~n for a change of zone?
(There was no response.)
SUPERVISOR ~LRERTSON: Hearing nong,I will close the hearing
at this time for the further deliberation of the Board.
SUPERVISOR ALBERTSON: I will open the second hearing at this
time. I have already read the legal notice. There is an J~f~,mA~
affidavit of pbblication in the file. I will now read the recommendation
of the Planning Board:
"At a regular meeting of the Southold Town Plating Board held
on March 7, 1967, the following action was taken by the Board:
(Description of property)
"It was RESOLVED that the Southold Town Planning Board favorably
recommend to the Southold Town Board the change of zone from "A"
Residential and Agricultural District to "B" Business District on
the property herein described.
"~he applicant requests this change to expand his business
operation.
"Very sincerely, /s/ John Wickham, Chai~n, Southold Town
Planning Board."
SUPERVISOR ALBERTSON: At this time is there anyone present to
speak for this application?
(There was no response.)
SUPERVISOR ALBERTSON: Is there anyone present to speak ag~nst
this application? (There was no response.)
-15-
SUPERVISOR ALBERT$ON: Is there anyone present who wishes to
be heard one way or the other?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, wewill close the hearing
for the further deliberation of theBoard.
Boisseau Avenue
A'oril
Sou~-c,[,-~ Town ~oard
%Lester ~]berSson
Soutbold, New York
Gem ti emen:
I b~ .~e si~ne-~ ~ peffitior, brousbt t;o me bv~ George. Barzsc ~rtainin.,?~ _
t,_, fl,~,n~ zonin~ ,_,f ~roper~-~y for ~ beauty parlor.
s~nc~_ '' - t~-,en I b.r~':.,:, learned other f~cts ~n,fl therefore I ~,.is!-to
revoke my ~i~r~a~ure.
lncel
We, the undersigned owners oF ~,romert7 in the vicinity
of premises owned by, GEORGE A. B^''~ ~,, ~. and LITA .AR~AC,
un..erstand that an application has been made to rezone that por-
tion of the Barzac propert[f adjoining propertTf of Cassidy which
is presently used as a potato ~rading station, for a distance of
160 feet from the Cassid~f lin~ to the north, fro]~ an "A" ResicJen-
[iai end A~ricultural District to ~ "~-2" 2usiness District, and
we hereb-r apr, rove of ssid chnn~e, in zcne and con.:ent~ thst the
same be ~rsnted:
,'"" ~'"~" /s ' L "7~.~
/' . ~ '~ ,
ZONING ORDINANCE
] ty, New York, ~l~ h~ ~
~, N~ York, In '~M To~ on
~t ~:30 ~k ~ ~ eve~ of
~ day on ~e fo~ ~.
~ne ~) of t~ T~ of ~-
oM, ~ ~ty, New York.
1~ d~ ~:
~ a~ a m~
o~ the ~ 1~ al ~
~ve~ at ~e ~t~
~r of ~ ~ ~'the
~ 2 ~, ~'min~ 10
co~ ~ ~ (1)
81 d~ ~ m~s ~
~ - ~1.31 f~L; ihen~ (2)
~ W~t = 16O.~.f~t ~ ~d
~ ~ N~ aL d~ 55
2. B~ ~-from "A"
,'~,, ~L~n~ ~t ~e fo/-
~ ~t ~ t~, p~e or
~ of 1~ ~t~,
~ of ~, ~t~
~uth~ 1~ of
~t ~ ~
~t of ~tl~
~u~ty ~ ~
~t ~ of ~e ~
~ ~ ~ly
~ N. 21~ ~' ~" E.
m~ t~e
.~ ~rly 1~ ~ ~r-
1y P~ ~e; ~
~k~rly ~ng ~e
~rly l~e ~
Po~d ~e, N. 59~ ~' ~"
the ,p~t "B" ~ D~
~ly ~ ~ ~o~.
~ ~ ~ ~d ~r~
P~ ~ o~ ~ ~r~w~rly
~ of ~k~ ~ ~;
the 9~nt '~" B~
COUNTY OF SUFFOLK,
STAT'E OF NEW YORK, ~ ss:
'" '?"-~-..~/.~l-.-~a ."~.. ...... bein!t duly Sworn,
says that .. ~.~. is Printer and Publisher of the SUFFOLK
~%'EEKLY TIMES, a newapaper .publish~l at Gre~nport, in said
county; and that the notice, of which the annexed is ~ printed
copy, h~s been published in the said Suffolk Weekly Times
once in each week, tar ....... ~ ............... week~
snccessiv~iy Commencin9 on the ...~/!~.~./~ ........
. .....
Sworn to be[ore me this .
Cay of...~4-~. ....... 19(~..,
SOUtho~d, CO~ Of ~ffOlk0 ii,fi ~ of
Southold Town Planning Board
SOUTHOLD, L. I., N.Y. 11971
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Melsa
Alfred Grebe
William Unkelbach
Frank Coyle
REPORT TO:
Southold Town Board
16 South Street
Greeanport, New York
March 8, 1967
Gentlemen:
At a regular meeting of the Southold Town Planning Board,
the following action was taken by the Board on March 7, 1967:
In the matter of the petition of George A. Barzac, Jr., and
Liza Barzac, Boisseau Avenue, Southold~ New Yorkm relative to
a change of zone from "A" Residential and Agricultural District
to "B-2" Business district on the following described property:
All that certain property situated at Southold, in the Town of
Southold, Suffolk County, New York, bounded and described as
follows: BEGINNING at a monument on the easterly line of Boisseau
Avsnue at the southwesterly corner of land of Barzac and the
northwesterly corner of land of Cassidy; from said point of beg-
inning running along said easterly line of Boisseau Avenue,
North 2 degreesm 30 minutes, 10 seconds, East - 160.0 feet; thence
along said land of Barzac, two courses as follows: (13 South 81
degrees 55 minutes 40 seconds East 391.31 feet; thence (2) South
2 degrees 30 minutes 10 seconds West 160.0 feet to said land of
Cassidy; thence along said land, North 81 degrees 55 minh~s 40
seconds West - 391.31 feet to the point or place of Beginning.
It was RESOLVED that the Southold Town Planning Board
recommend favorably to the Southold Town Board t~e change of
zone from "A" Residential and Agricultural District to "B-2"
Business District on the above described property.
Report to:
Sou~ ~d Town Board
Mar~.~ ~, ~967
Page -2-
The Board feels this is a reasonable request in view of the
fact there is business property adjoining the property in question,
and business property across the street from the property in
question. The Board also points out there is a buffer strip between
this proposed change and the potatoe grading station.
Very sincerely,
J~hn Wickham, Chairman ----_~
Southold Town Planning Board
JW/bd
OFF
_ERK
SDUTHOLD, L. I., N. Y.
March 8, 1967
Mr. John Wickham
Chairman Planning Board
Cutchogue, L.I.,N.Y.
Dear Mr. Wickham;
The original petition of
George A. Barzac Jr. and Liza Barzac,
Boisseau Avenue, Southold, N.Y. relative
to change of zone from "A" Residential and
Agriculural District to "B-2" Business
District on certain property situated in
Southold, N.Y. is in the files in the
office of the Planning Board at Southold,
New York.
You are instructed to
prepare an official report defining the
conditions described in the petition and
determine the area so effected with the
recommendation of your Board.
AWR/mr
Very truly yours,? .
Southold, Wew ~rork
]~ebr~a~¥ 27, lg67
U'OL ~[ BOARD
T(d(N [[,l~ Sd'UTH, i, LD
16 South Street
~)reenport, ['~ew ~ork
,~ ant leman:
We have this date ailed application No. 1~ for
a change in zone in connection with property located on
Boisseau Avenue, Southold, New York. We presenSly own 12.28
acres in the area and have made application to rezone approx-
imately 1.[[ acres of same from an "A" Residential and A~ri-
cultural District to a "B-2" Business District for the pur-
pose of erectin~ a building in which we intend to operate a
beauty parlor.
It is our plan and desire tl~at in the event our
application is ~r~nted, %nat t~e Salance of cur p~'o)~er~y be
restricted to those uses allowed in I~he "A" Re£iden[ial and
A~ricultural District as it is presently e~nstit~tecl in the
Town Zoniny Ordinance, and we hereby certify that in s~ch an
event the said property will be so restricted b7 the record-
in~ of the necessary deeds.
Respectfully yours,
STATE OF NEW YORK
TO~VN OF SOUTHOLD
IN THE MATTER OF TIlE P~TITION OF
GEORCr~ A. BAHZAU, J]~.,
LIZA ~,A~ZAC
PETITION
A~ID
FORA CHANGE. MODIFICATION OR AMEXDMI'~NT OF THE BUILDING ZONE ORDI-
NANCE OF TItE TO\VN OF SOUTHOi.D, SUFFOLK COUNTY, NE\V YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
WE, (i~ORGE A. BARZAC, JR.
1. ~, . and. LIZA. ~ARZA.C ................. residing at ~is.s e.au..Ax~enue.,. ~o~thoZd,
(iusert name of petitioner)
Suffolk County, New York, the undersigned, am the oxvner of certain real 1),'opert3 situated at
of Southcld,
...... ,q.c.'.u.~.O.°.~-.d:.,..~! .~c.h. 9..TP..wJ?-./~'.. and more particolarl3 bounded and described as follox,?:
BEGINI~ING at a monu~ent on the easterly line of ¢oisseau Avenue
at the southwesterly corner of land of Barzac and the northwesterly
corner of land of Cassidy; from said point of beginning running
along said easterly line of Boisseau Avenue, North 2 degrees,
minutes 10 seconds East - 160.0 feet; thence along said land of
Barzac, t~o courses as follows:
(1) South 81 degrees ~ minutes 40 seconds East - 391.31 feet;
thence
(2) South 2 degrees 30 minutes 10 seconds West - 160.0 feet to
said land of Cassidz; thence
alonp_' ssid land, ~lerth 81 decrrees j!; minutes ~o seconds ;~est -
391.31 feet to the point or pl-~ce of
A survey of property of petitioners which includes the property
for which application is made is attached hereto and ~mde a part
hereof.
2. ~ do hereby petition the Town Board of the Town of Southold to change, modify and
amend the Building Zoue Ordinance of the Town of Southold, Suffolk County, New York,
including the Building Zone Maps heretofore made a part thereof, as follows:
By chsnging the zonin~ of that portion of the prer'ises marked
in red on the attached survey from an "A" Residential and Agricul-
tural District to a "B-2" Business District.
3. Such request is made for the following reasons:
As can be,~een from the attoched survey the petitioners are
the owners of 12.2.70 acres of land of which the parcel for which a
change in zone is requested is a part thereof and is ap.r.roximately 1.~
ncres. Ail of petitioners land is zoned "A" Residential and Agricultural.
'~'a~ parcel fo~ w~ich a zoning change ls Feqmest~ however~ adjoins ~n
Industrial District which presently is ~sed '~s a potato grsOing station.
It is, therefore~ not suitable for residential use~ but would be ltigh~y
suitable fo-- the mses permitted in a "B-2" h]]siness District, and if
used for such p~pose would in turn constitute a "buffer zonen located
between the industrial snd residential zones.
(L. 5.) ... . .v
STATE OF NEW YORK,
COUNTY OF SUFFOLK,
S$:--
~,~!~.. BAt,/,AC,i~{ ~., and
LI':A BARZAC , BE[_N~.G. i ULY SWORN, det, o~nd sa3~ that
....... d~'6 ..................... t~e~f h,,ve '
t[~ey~//tbe peLitionerSiu the within action; that ~f~ read the foregoing Petition aud kn,m~
the contents thereof; that the same is true to ~) oxxn knowledge, except as to the matters
they
therein stated to be alleged on information and belief, anti that as t~ those ulattcts l~~ bc~ivv~ it
to be true,
GeorgiA. Barzse, -~-e ~
p..s) .......... : ..........
"Liza Bar,ac
.~wt)rn to before me
this }.). ~- ~h~of .... i~'~,bRu.¢-r~f ......... 19.(~7.
.................. ? .............
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