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HomeMy WebLinkAboutCaroleo, VitalianoLEFFERTS PAINE EDSON July 20, 1965 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York Re: Application of Caroleo for Re-zoning of property on Middle Road from "A" to "B-2" Dear Mr. Wickham: Mr. Caroleo has decided that he would prefer not to pursue the above application at this time. Will you, therefore, kindly have our application with- drawn? Thank you very much for your courtesies in this matter. LPE/mhk ely, /~//e~er~t s p .'~Ed s on cc: Harold R. Hudson, Esq. May 13, 1965 Leffert P. Edson, Esq. Main Road Southold, Ne~ York Re~ Vitaliano Caroleo & others change of zone - "A' to "B-2" Dear Mr. Rdsonz Please be advised that the Planning Board has held up recommendation on the above mentioned change of zone, in vte~ of the fact that we are awaiting the results of a study being made by the County Planning Commission. The County is interested in making the County Route 27~(North Road) a road with limited access onto the~highway and with business districts at substantial distances apart. The next meeting of the Southold Town Planning Board will be held at 7130 P.M., on June 3, 1965, at which time the Board should take action on this change of zone. Very sincerely, John Wickham, Chairman Southold Town Planning Board ~OUTHOLD, L. I., N. Y. May 10, 1965 Mr. John Wickham Chairman Planning Board Cutchogue, L.I.,N.Y. Dear Mr. Wickh~n; The original petition of Vitaliano Caroleo and others, relative to change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain property situated at Cutchogue, N.Y. is in the files in the office of the Planning Board at $outhold, New York. You are instructed to pre- pare an official report defining the condit- ions described in the petition and determine the area so effected with the recommendation of your Board. AWR/ Very truly yours, Albert W. Richmond Town Clerk LEFFERT$ PAINE EDSON May 6, 1965 Mr. Howard Terry Southold Town Hall Main Road Southold, New York Dear Howard: We enclose herein an application for the re- zoning of a parcel of real property at Middle Road and Coxes Lane, as shown on the attached survey, from A residential to business B-2. From the information that I have been able to ascertain thus far it is the intention of the vendee named in the contract to construct and operate a good resturant. This use would occupy the whole of the parcel, I am informed. Filing fee of $25 is enclosed. will you kindly present this to the Board. Thank you. Sincerely, ? CASF NO: ..................... STATE OF NEW YORK TO~VN OF SOUTHOLD IN THE MATTER OF THE PETITION OF PETITION Jennie S. Golembeski, Joseph Szawinski Vitaliano Caroleo, Chester Szawinski FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF TttE TOWN OF SOUTHOLD: We JENNIE S. GOLEMBESKI, residing at 281 Fishel Avenue, Riverhead, N.Y.; JOSEPH SZAWINSKI, residing at 281 Fishel Avenue, Riverhead, N.Y.; CHESTER SZAWINSKI, residing at Main Road, Mattituck, N.Y. VITALIANO CAROLEO, residing at 45 Hickory Street, Port Jefferson, New York; the undersigned, are the owners of certain real property situated New York, follows: and at East Curchogue, County of Suffolk and State of and more particularly bounded and described as (Please see description, survey and contract copy attached) 2_ I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: by re-zoning the parcel herein described from A residential to business B-2. 3. Suchrequestis madefor thefollowing reasons: Vitaliano Caroleo, the vendee named on the contract attached hereto, intends to use the whole of the described parcel for the construction and the operation of a restaurant which is to feature Italian ~ui$in¢. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) (L.S.) ..... x2.i~.a.l, iano...~a.role.Q .................................. BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S.) ....:...: ............................................................ Vitaliano Caroleo Sworn to before me this ............day of ....... k/:.....n ............... , 19.~ Notary Public. A~L that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the southerly line of Middle Road marking the division of lands of the applicants herein and L. Glover; Running thence along lands of the said L. Glover two courses as follows: 1. South 44° 56' 00" E. a distance of 439.62 feet to a monument. 2. South 67° 37' 50" W. a distance of 402.84 feet to the easterly line of Coxes Lane; Running thence along the said easterly line of Coxes Lane north 44° 05' 50" W. a distance of 350.02 feet to the southerly end of a curve connecting the easterly line of Coxes Lane with the southerly line of Middle Road; Running thence along the arc of a curve to the right the radius of which is 58.98 feet a distance of 115.01 feet; Running thence along the southerly line of Middle Road north 67° 37' 50" E. a distance of 308.92 feet to the monument at the point of BEGINNING. The said plot containing 3.682 acres I~ilL. E,L~:: P..0AD .. k. ,!'7 MAP 0~: LAND / ,SU EVEY£C) FO~ VIT~LIANO ~5~ CU~CH~UE C~OLEO ~CAL~ : I00'= I" BKIW£EN JE~;iE S. GOLE~.[BEiSKI & JOSEPH SLiE/Ii?SKI, 28% Fishel Avenue, Rlverhead, New York, CHESTt~ SZAWINSKI, Main Road, }Tattituck, New York, JOSEPH W. SHIP?.LiL~, JR., Fourth Street, ~qreenport, New York, JOSEPH W. SHIPMAN, III, Wumneweta Road, Nassau Point, New York, and ~RANCIS W. SHIPMAN, Panana City, Florida, lerein~r cle~n'bed u die mllex. ~ "IT.ii I/.NO Je£ferson Station, New York, resL.~lng at 4~ Hickory Street, Port h,,re~nsPtc; dcscn'l~ed I] L~e J~FJ"doeT. O t~ ~ETH, fha( ~ ~er asr~t ~ ~]] ~ conwy, ~d ~e purc~r IKr~5 ~ purc~a~, m]~ ~ak c~r[a~ plot, piece m ~l ot Itad,~~~~s~L~ lyres and ~m8 Jn ~ TO~ O~ Sout~old, at Cutchogue, Cowry of Suffolk and State of New Yo~k, bo~ded and described as follows: NOR~ by Middle Road; '~ST by Cox's Lane, ~IST and SOU~ by l~d now or formerly of Leander B. Glover. ~C~TING so much thereof as has been taken by the Cowry of Suffolk for reconstruction of Middle Road, Cowry Road ~27, ~d am sho~ on County st~vey a copy of which is a~exed hereto and ~de a p~t hereof. ~ T~s contract is e~ressly conditioned upon purchaser being able to ~btain a ch~ge of zone to re-zone the a~e from classification "A~ to ~" as set forth ~ Southold To~ Zon~ ~din~ce. The ~pplication ~d all p~ceedlngs, s~veys, searches or other costs which ~y be required to obtain a ch~ge of zone s~ll be done by th~ purchaser at hi:~ o~ c~st and e~ense, ~d purchaser a~ees to ~ke prompt and diligent application f~ such c~ange of zone ~ter this a~reement has been executed. All s~s paid hereunder by the p~chaser shall be held ~ escrow by Jo~ A. O'Keeffe, Atto~ey for the seller, until the application for change of zone has been approved or denied. If approved the s~s paid hereunder s~ll be paid over to the sellers; ~f ~ed, ret~ned to purchaser and then t~Js agreement shall bache null ~d voi.~ ~d neither party s~ll have-further cla~ against the other. This sAb btcJ,.~t-, ill r~i'ht, t~rle and b~t-m~ if any. of t~ ~ller in ~d m any la,,d I~nS in the ~ of any s~t, ~ad or ~7~'~, ~ ~, ~ ~r icU~-f~ ~ ~veyl~ o[ su~ t]t~ ~d t~ ~na and ~olJm6on of '% . p~'ummpu~ubh'with each payment on aceoLmt of principal. · he Imr~gagor ehAll=hiwa the pti?liege of prepayment in w~umle ~r in '~' pa~'at Any time wi~hodt penalty. -:,'~',::lgb~o~ .~e,.~tl and x-o~tA'lcti~ and eafOmonte of reoord, if tl~ closin~ el d~ gi~ d~d~ 0r.~r t~'bre th~ t~ m~ h ~. the a~n~t of taxes shall ~ u~n ~ bas;s ~f th t~ ra~ fvr ~ n~t ~ ~ear a~ to ~ lat~t ~ valuation. II ~ ~ a w~er ~r on t~ p~m~, t~ ~l~r s~ ~h a ~a~nff ~o da~e ~ ~r~ than ~ ~a~ ~r ~ ~t br c~ ~t~, an~ ~ u~ ~t~ ch~ ~ $~ ~ ~wer ~, if any. b~ t~n ~r ~ ~ ~'s~.,~ ~ fo~ kec~ a~ s~l ~ ~ly d~u~d, ac~ow]~, an8 have r~ ~ a~ ~ t~re~ by ~ ~r, ~t tM ~ler~ ~, ~ ~ to c~vey ~ ~ ~rch~r t~ 1~ simpl* of the ism ~, ~ of all ~um~a~, ~t as ~ sta~. and shall al~ c~tain :~ cove=hr r~ui~d by su~i~sion At ~ cl~ ~ the ~ ~ ~}ler ~al] ~li~er to t~ ~ha~r a e~ifi~ ch~k to the or&r of ~he Ci~ Tmuurer for the amount of ~ Real Pro~r~ Tramter T~ im~ by Tit~ I of Cha~er 46 ~ r~ ASmini~afive C~e of t~ City of New Y~rk ~ ~1 ~ ~ti~ ~ ~ ~ t~ re~ ~by ~,~M sta~t~ ~ the m~afions in~ ~rsuant ~f. duly si~ned and ,~m to ~ ~'~; ~ ~a~ a~s ~ s~ and ~ar to'~ s~d ~m and to cau~ , a Mender of th~ New York ~o~rd el Title Undcrwrif~-rs. will approve ~d ~ure. ~1 ~ ~ ~ ~ o[ ~ ~t. ~ ~ ~ble ~ el ~ ~ of ~ fit~ lo ~ premi~ and ~f ~ ~ey, if ~, m~ ~ti~ t~i~are ~e~r ma~ ~s ~r~. bu~ ~ ~ ~a]l ~ ~ue after ' .~fault ~ ~ pu~a~r ~ ~ AH ~ ~ ar~ ~ ~ aU~ ~ ~rtmant to or ~ M ~t~ ~ ~ ~ are ~ m ~ ~d ~ ~, ~ ~m ~l ~ns a~ ~e~ ~ ~ ~ ~at~.[~ ~ ~ ~ this sale; The abo~e ~e ~eluflod '~o ~h~ ex~en~ t~ ~ho s~ may e~$t on ~,. ~e~es. as %~e s~e '~ons~ts of =ac~t 1~. · ' ~& ~ ~t¢~st ~d ~ ~ to a da~ ~ I~ ~ ~o b~ days a~er ~ d~te M &ff ~le. may inter~ ~ ~fi~ ~ fi~ to ~ dale ~ ~s~ ~ ~ ~lb~ at ~ cl~ng. If at t~ dale el d~ 6tit t~re may ~l~ o~ ~ ~ae p~ to ~s~ ~ ~, ~ ~ ~r shall ~ve &~ to ~ ~ at i~t~ m ~or&ble lo~ ~ su~t to ~ ~ I~m and e~u~ of ~M, t~r ~ ~ ~. ~ c~t ia not to ~ ~ c~s ~ ~ ~ N~ ~ork ~rd o; -~ ~n~. ~ ~ ~]~}~~i~of~at~o~of~ A. 01Keeffos ~sq.s 120 ~o~'~et. Rlvd~head, ~ow ...... ~ ll:~a.m.'~(30 days ~ ~t Dt~o Real h ~ u~ ~ ~ ~st ill ~nt~p lO~nL. F~ofo~ ~ ~u ~ ~ ~ ..~r ~ ~]ym~ u~n any s~ ~ ~; ~ ~ ~ t~s ~U~, ~ by ~ ~. ~ Joseph W, 3hipm~n~ Jr,