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HomeMy WebLinkAboutCiacia, Raymond & Anna - Denied WHEREAS, e petition was heretofore filed with the Town Board of the Town of Southold by ............ ~f~.)r.~.o.~..~...~...~.l~.~..~:~.~:.~ ................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "C" Light "A" Residential and ing from ........ I~dus. t~ial ........... District to ............ Ag~ul.tu-~al. District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... ~.9.~.....da,,, of...~?Y~.gb~ ......................., 19.~..., and due deliberation having been had thereon NOW, THEREFORE, BElT RESOLVEDthatthereliefdemandedinsaid petition be, anditherebyis DENIED. The Southold Town Board believes that to grant the requested application would constitute spot zoning, and for the further reason that the applicant may seek relief from the Southold Town Zoning Board of Appeals. DATED: December 4, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T./TERRY. TOWN CLERK PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York 11971, at 3:30 o'clock P.M. on the 20th day of November, 1979 on the proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. PRESENT were: Supervisor James Homan Justice Frederick J. Tedeschi Councilman John J. Nickles Councilman William R. Pell III Councilman Henry W. Drum Town Attorney Robert W. ~asker Town Clerk Judith T. Terry ABSENT was: Justice Francis T. Doyen SUPERVISOR HOMAN opened the public hearing at 3:31 P.M. COUNCILMAN NICKLES read the legal notice of hearing, as follows: "NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE... Pursuant to Section 265 of the Town Law and the requirements of the Building Zone Ordinance of the Town of Southold, Suf- folk County, New York, public hearing will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York, in said Town on the 20th day of November, 1979 at 3:30 o'clock P.M., on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York to wit: By changing from "C" Light Industrial District to "A" Residential and Agricultural District the property of Raymond and Anna Ciacia situated at Greenport, New York, and more particularly bounded and described as follows: BEGINNING at a point at the intersection of the Southerly side of Main Road and the Westerly side of Kerwin Boulevard; thence South 59© 35' 40" East a distance of 241.79 feet; thence South 40© 57' 30" West a distance of 152.58 feet which course runs along the Northerly side of Lawrence Lane; thence North 50© 35' 40" West a distance of 88.85 feet; thence North 30© 24' 20" East a distance of 50 feet; thence North 59? 35' 40" West a distance of 125 feet to a point on the Southerly side of Main Road; thence North 30o24'20'' East a distance of 100 Page 2 Public Heari. On Proposal To Amend Zoni,.g Ordinance November 20, ~979 feet to the point or place of beginning. Known and designated as and by Lots #157 to 160, inclusive, on a certain map enti- tled "Amended Map A, Peconic Bay Estates, situate at Arshamo- maque, Town of Southold, New York" made by Otto W. Van Tuyl under date of May 12, 1933 and filed in the Suffolk County Clerk's Office as Map #1124. Dated: October 23, 1979. BY ORDER OF THE SOUTHOLD TOWN BOARD. JUDITH T. TERRY, TOWN CLERK" COUNCILMAN NICKLES (continued): I have proof of publication in the Long Island Traveler Watchman commencing November 1st and also in the Suffolk Weekly Times commencing on the 8th day of November. I also have proof sworn by Judith T. Terry, Town Clerk that it was posted on the Town Clerk's Bulletin Board on the 25th day of October. Also I have a letter dated October 30th from the New York State Department of Environmental Conservation stat- ing they have no jurisdiction over the area of proposed zoning change. There is a letter from the Southold Town Planning Board dated October 16th,"resolved to recommend to the Southold Town Board approval of application 242 of Raymond and Anna Ciacia for a change of zone from C-Light Industrial to A-Agricultural and Residential on Lots 159 and 160 located at Arshamumaque in the Town of Southold. The reason for this recommendation is that it will upgrade the property. Yours truly, Henry E. Raynor, Jr., Chairman, Southold Town Planning Board." There is a letter from the Suffolk County Department of Planning dated October 15, 1979 regarding this application: "It is considered to be a matter of local determination." I have a negative declaration, Notice of No Significant Effect on the Environment, from the Town Clerk. SUPERVISOR HOMAN: I believe that completes all the papers that Mr. Nickles has. Ladies and Gentlemen, you have heard the Notice of Hearing read, you have heard the proof of publication in the two local newspapers, the posting on the Town Clerk's Bulletin Board, the report of the Southold Town Planning Board approving this application, the report of the D.E.C. having no jurisdiction. You have heard the Negative Declaration read, or the fact that we have it on file. You have heard from the Suffolk County Planning Board that this is a matter for local determina- tion. At this time I will open this hearing for anyone who wishes to speak in favor of this change of zone. Would you please, when you speak, give your name to the steno. Is there anyone present who wishes to speak in favor of this change of zone? RICHARD GASSER: Sir, I am Richard Gasser and I represent the sellerin a way, and Mr. Bitses is the attorney that should have been here ten minutes ago. SUPERVISOR HOMAN: Do you have counsel who is supposed to be here? Page 3 Public Heari On Proposal To Amend Zonl~ Ordinance November 20, 1979 MR. GASSER: There is counsel that is supposed to be here. SUPERVISOR HOMAN: While we are waiting for your attorney to make his presence, is there anyone else who wishes to speak in favor of this application for a change of zone? (THERE WAS NO RESPONSE.) SUPERVISOR HOMAN: Is there anyone wishing to speak in oppo- sition to this change of zone? (THERE WAS NO RESPONSE.) SUPERVISOR HOMAN: I believe there was a letter received from Mr. Douglass from the Appeals Board in relation to this change of zone, and Bob (Tasker) is this pertinent to this ap- plication? MR. TASKER: I don't think so. I haven't seen it. (Mr. Tasker reviewed it.) SUPERVISOR HOMAN: I don't think so either. I would like the Town Attorney to look it over before we mention the letter. MR. TASKER: No. It expresses his opinion(on a different letterhead~ SUPERVISOR HOMAN: Is there anyone present that wishes to speak on this change of zone, either way? (THERE WAS NO R~SPONSE). SUPERVISOR HOMAN: This does appear to be one of our more brief hearings. Bob (Tasker), they are supposed to have counsel and he is not here. Is there any reason not to give him the courtesy of waiting a few minutes. MR. TASKER: I think that's up to the applicant. Do you wish to hold the hearing open, or do you wish them to close it? RAY CIACIA: I don't know just what to do about this. He is supposed to be here. MR, TASKER: Is he expected? MR. CIACIA: Yes. SUPERVISOR HOMAN: Who is the counsel? MR. TASKER: James Bitses. SUPERVISOR HOMAN: If one of you gentlemen, maybe Hank (Drum), could you go to my office and see if there have been any phone calls that he would be late. Page 4 Public Heari. ~ On Proposal To Amend Zonl~g Ordinance November 20, 1979 (Councilman Drum left the room to check for messages about the counsel's late attendance.) MR. TASKER: In the meantime, Mr. Supervisor, I think you can recess this for a few minutes and proceed with the other matters of the Board, and reconvene it when he arrives. SUPERVISOR HOMAN: Very good. I will take the Town Attorney's suggestion and recess the hearing at this time and go back into our regular meeting. At the conclusion of the regular meeting, I will reconvene this again. The hearing was recessed at 3:40 P.M. for a few minutes. The hearing was reconvened at 3:50 P.M. Councilman Drum has returned. SUPERVISOR HOMAN: Not very often do I get a chance to admonish counsel, so I would like to take the opportunity now. I do prize myself on starting my Town Board meetings on time and try to conduct them in a business-like manner, and I would appreciate it if counsel, when they are supposed to appear before the Board, conduct themselves accordingly. MR. BITSE$: Counsel stands admonished. I appreciate your adjourning ~he meeting temporarily so I could attend. SUPERVISOR HOMAN: To brief you, counsel, we mentioned the reading 6f the public notice; we've had the reading of the proof of publication, various letters from the Planning Board of Southold Town approving it, the D.E.C. having no jurisdiction and the Planning Board of Suffolk County saying that it is a matter of local determination. Also, of course, we have on file the Negative Declaration. I believe those are all the papers we have on the file at this point in time and covers the appropriate things we should have. I have asked for people to speak on behalf of the application; at this point in time no one has spoken except the one gentleman there who remarked that you were coming. MR. BITSES: I hate to take up your time since I have already taken up too much of your time. This parcel is four lots, C-Zoned. Mr. Ciacia wishes to move his house from the front two lots which he wishes to sell as commercial zone to the rear two lots. Naturally his house is on a non-conforming use; you willn~ae the Statute indicates that, at every opportunity, we try to eliminate non-conforming uses. This is an opportunity to do just that by upzoning from C to A the two rear lots, lot #159 and #160. We then would be able to proceed to the Zoning Board as to the necessary variances to move this house on what would normally be an undersized lot. I think it will upzone the entire district. The C-Zone Page 5 Public Heari~ j On Proposal To Amend Zoni~g Ordinance November 20, 1979 in this Town is limited and it is usually the other way around -- people asking for C-Zone rather than relinquishing same. I think it is for the betterment of the Town and I believe it will upgrade the entire area there, and will not detract from the Town. It will not be detrimental to anybody. It will be beneficial to all parties concerned. I respectfully request that you act affirma- tively on this matter, particularly since the Planning Board has already acted and passed resolution suggesting that this change be made. Now, in the public notice it indicated a change of zone for four lots. Actually it's a change of zone for the last two lots, #159 and #160. No. 157 and #158 are to remain as they are. This is the application to be made. SUPERVISOR HOMAN: "...Consists of lot 157, 158, 159 and 160. He wishes to upzone Lots #159 and #160 and convert the same to an A-Zone, that he may then sell lots #157 and #158 and abate to a non-conforming use .... " MR. BITSES: That is correct. And briefly that is it. I will take up no more of your time, unless you have questions. JUSTICE TEDESCHI: What is the time frame within which, assuming this is passed, within which this would be done? MR. BITSES: The Zoning Board meets again on December 6th, I believe. Any time between now and then if we have either an affirmative or a negative response from the Town Board, if the Zone Change is approved, then we can go forward with the request for a variance from the Zoning Board. The Zoning Board in other words has been barking time while this has been going through the Planning Board. The time frame would be December 6th. SUPERVISOR HOMAN: Is there anyone who wishes to speak in either way on this application? Do any of the Board members have any questions they would like to address to the counsel or the people he is representing? (THERE WAS NO RESPONSE.) SUPERVISOR HOMAN: The only thing I would comment on is you remarked that this is the reverse of generally what we go through. That we generally go from a Agricultural-Residential to a business or commercial use, at which point in time, we are very concerned with problems that, going to this lower use, may cause the area. Should we be concerned in this particular instance, in the reverse whereby we are creating a residence in a business district, and perhaps in future the residence may create problems to the existing business. MR. BITSES: I'm glad you raised that issue because when I asked Mr. Van Tuyl to run up the survey I asked him to indicate the residential and the commercial properties, and you will note, and I offer for inspection, I believe you have it in your file, the map accompanying the application, you will notice all sorts Page 6 Public Heari. On Proposal To Amend Zoni~g Ordinance November 20, 1979 of "Rs" in the immediate area. In fact there are far more residential parcels right in there than there are commercial. In order words, you have residences all over the place there, right around the indicated property. You have business up in front, but you have all "Rs" over here, and it really is in a residential area right now. COUNCILMAN NICKLES: That's all zoned C. MR. BITSES: Yes, it is, but nevertheless there are still houses there. SUPERVISOR HOM-AN: Anything from the railroad to Route 25 is all zoned "C" MR. BITSES: But you notice the little squares indicate houses, private dwelling houses. JUSTICE TEDESCHI: And you're going to put a house on here? MR. BITSES: We're going to take this house that's right here and move it 40 feet to there, if the Zoning Board will allow it. COUNCILMAN NICKLES: How big is that lot there? MR. BITSES: I can give you that immediately. COUNCILMAN DRUM: 15,000. MR. BITSES: We have here an odd shaped lot, 125 & 88, about 200 long by about 150 wide with this dog leg. COUNCILMAN NICKLES: 200 this way, you say? MR. BITSES: This line is about 200. Actually this is 152 and this line is about 200. COUNCILMAN NICKLES: Aren't you cutting off something when you move the house back here? MR. BITSES: The house is here now, the commercial building is here now. If we move the house back to here and place it on these two lots, if these are Zoned A, this stays "C~ he sells off this-- COUNCILMAN NICKLES: It's 170 feet by -- MR. BITSES: 152 by, well this looks like 88, it must be about 100. 100 by 152 roughly speaking. COUNCILMAN NICKES: This is 88. MR. BITSES: This whole thing is 88. This is about 100, this is another 100 roughly, 200 feet. City water here. But if you will note the residences in that area. Page 7 Public Heari. ~ On Proposal To Amend Zoning Ordinance November 20, 1979 JUSTICE TEDESCHI: What would happen if we assumed the Board granted this and the Zoning Board didn't-- MR. BITSES: Turned it down? We would be stuck with an A-Zone, wouldn't we? I don't know. It's a problem, isn't it? Maybe you could condition it on the Zoning Board's granting it. JUSTICE TEDESCHI: That's what I'm assuming. MR. BITSES: But they are conditioning on the Town Board granting it. Would there be an impediment to granting this? SUPERVISOR HOMAN: I don't know. We'll have to wait. MR. BITSES: Is there any major impediment that I may have overlooked? SUPERVISOR HOMAN: No. My biggest concern is that we create industrial area for a person being able to make gains. Does anyone else have anything they may wish to add in respsct to this? (THERE WAS NO RESPONSE.) SUPERVISOR HOMAN: If there is no other input on this I will call this hearing to a close. The Board will make its determination in the near future. The hearing was declared closed at 4:00 P.M. Respectfully submitted, Linda F. Kowalski Southold Town Board of'Appeals srlUTHOLD, L. I., N.Y. 119'71 TELEPHONE (§16) 765 1809 APPEALS BOARD MEPvlBERS CHAR LES GRIGONIS. JR. SERGE DOYEN,JR. TERRY TUTFIrLL ROB;=RTJ. DOUGLAS~, Acting Chairman November 19, 1979 Supervisor James Homan and Members of the Town Board Sou~hold Town Hall Southold, N.Y. 11971 Re: Application of Raymond and Anna Ciacia for a Change of Zone Dear Board Members: I am writing you this letter to express my opinion in regard to the matter before you of Raymond and Anna Ciacia to re-zone a small lot in a C-Zone for residential use (Zoning Board of Appeals Application #2574 for permission to subdivide with insufficient area and width). It is my opinion that such a spot change in zoning may create many problems for the Town as a whole in all business and commercial zones. The Zoning Board has had and will continue to have similar situations to review each on its own merits. Such spot changes could create a precedent that may gradually wipe out our present business and commercial areas. A situation could be created that would force the Board to spot zone small pieces of land for a business or commercial use. For these reasons I would strongly recommend that you, our Town Board, disapprove any change in the property presently zoned for commercial use in the area of this appeal. v Robert J.-Dougla~ Acting Chairman RJD:lfk Southold Town Board of Appeals LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and the require- merits of Building Zone Ordin- ance of the Town of Southold, Suffolk County, New York, public bearing will be held by the Southold Town Board at COUNTY OF SUFFOLK, ] the Soutbold Town Hall, Main STATE OF NEW YORK. ~ ss: Rood, Southold, New York, in J said Town on the 201h day of November, 1979 at 3:30 o'clock ~T0 kN G-US T c~V S ON being duly Sworn, P.M., on the following pro- pusal to amend the Building says that . .5 :tE.. is Printer and Publisher of the SUFFOLK Zone Ordinance (including the Buildin~ Zone Map~) of the WEI~KLY TIMES, a newspaper published at Greenport, in so. id Town of Southold, Suffolk County, New York, to wit: countw and that the notice, o! which the aunexed is ~ printed By changing from "C" Light Industrial District to "A" Res- idential and Agrictfltural Dis- copy, has been published in the said Suf~lk Weekhr Times trict the property of Raymond 0 NF .. weeks and Anna Ciacia situated at once in each week, for ........ Greenport, New York, and eighth more particularly bounded successively commencing on 'the .......................... and described as follows: BE- November 19. GINNING at a point at the day of ..................... intersection of the Southerly 0,~ ~ /,~'d, side of Main Rood and the ,_'-/~/ WesterlysideofKerwinBoule- Sworn to ]~e.,{ore me this ...-/,/2 ....... vard;thenceSouth59'35'40" .V//, t j.).~d 7_~ I East a distance of 241.79 feet; thence South 40o 57, 30,, West a day of ff~ LY:O L,, 19. ~. J d/stance of 152 5~ feel which ~ ,,~..~.~. ~ / .~.~..~.~y~. couree rum along the Norther- - ..... ........... ly side of Lawrence Lane; t, thence North 50' 35' 40" West ' a distance of 88.85 feet; thence North 30' 24' 20" East a ( "~;' '"" distance of 50 feet; thence ' .-,. North 59= 35' 40" West a ' ,-~' distance of 125 feet to a point _ _ '~3, t~-. on the Southerly side of Main ' ' Road; thence North 30° 24' 20" East a distance of 100 feet to a point or place of beginning. Known and designated as and by lots number 157 to 160 inc]ooive on a certain map entitled, "Amended Map A. Peconic Bay Estate, situate at Arshamomaque. Town of Southold, New York" made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office as Map number 1124. DATED: October 23, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE COI. J~T'Y OF SUFF, STATE OF N~W YORK ss: Pursuant to :Section 26S of the Tows Law and the re- quirements of Building Zone Ordinuc~ of the Toum of Patricio Wood, being duly sworn, soys tho'c she is the Southold, Suffi~lk County, New York, public he~ing ~s4l] be ~clil~r, of THE LONG IS~4,1N[~ TI~ff~V£LER_WATCH/Vi.~' Boerdheld by~t thCthe Southoldsouthold ToWnToss,n ~ p~blic newspaper printed of £o~tho~, irt $"ffofk Count~/ Hall, Main Ro~d, Southold, and t~.~t the notice ~f which tSe onn~×ed is New Yo~k, in s~id Town on thc 20th day of November, 1979 at ~.c,s b~ ~ubli~hecl in soid L.o~9 }$lor~d Tr~¥eler-Wotch. 3:30 o'clock P,M., on the man Once eclch week for ................. fi~llowinl~ proposal to amend the Building Zone Ordinance successive ¥ (including the Building Zone cor~mencing on ~he ............................. Maps) of the Town of South- oo~ .~ ~./..~/_/~/ old, Suffolk County. New '~"~"'~:-'~"~:'- .............. ~ [~.../..].. York, to wit: I"-h~ht lnduatri~l District to i ...... "A" llestdenti~l ~nd A&vicol- - .......... - ..... Raymond and Anun Ci~ie .situated at C~'eenport, New York, and more particularly Swum to before me /'h~ boundnd ~nd described as ..................... follows: BEGINNING at a ~~ point at the intersection of the '" . ...... , l ~ Southerly side of Main Kerwin Boulevard; thence Sooth 59° 35' 40" East a distance of 241.79 feet; thence .... . South 40° $7'. 30" West a Notary Public distance of 152.58 feet which cnurse runs along thc North- e~ly side of Lawrence L~me; ~,~TOI~Fi"~ thenee Not'thSO~ 35' 40" West ~10~'~¥ ~,: c, ~f~. of N~v York a distance of ~.R_~ feet; thence ffes,[I, ~ ~ q Sutlolk Counht l;o. 52-4500796 North 30* 24' 20" I/ast s. I~mmissioa E~p~re~ /~arch 30, lg~r~ d/staace of 50 feet; thence -- North 59* 35' 40" West a d~stance of 125 feet to a ~int ~h the Southerly aide of Main finnd; thence North 30° 24' 20" F.a~t a distance of 100 feet t~ a point or place of begin- nine. KnoWn and d~stgnntcd a~ and by lots numbers 157 tn 160 inclusive on a certsin rasp entitled, "Amended Map A. Peconie Bay Estate, situate at Arshamomnque, Town of Southold, New York" made by Otto W. Van Tuyl, under date of May 12, 1933 and flied in the Suffolk County Clerk's Off~ce as Map number 1124. DATED: October 23, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T, _TERRY, To~n Cl~rk IT, ~[ I/I/79 (1026) New York State Department of Environmental Conservation Regulatory Affairs Bldgo 40, SUNY - l%D~m 219 Stony Brook, New York 11794 Robert F. Flacke (516) 751-7900 Commissioner October 30, 1979 Town of Southold ~ n Road ~ -~J~ ~ Southold, N~ York 11971 The State has no jurisdiction over the area of proposed zoning change by Raymond and Anna Ciacia since it is upland of substantial man- made structures (Ifirwin Blvd. and the L.I.R.R.), 100 feet long or longer, fzc~L wetlands in the i~mediate vicinity. (See 6NYCRR Part 661.4 (b) (2) of the NYS DEC Tj~l Wetlands T~nd Use Regulations.) Very truly yours, Environm~=nt-~ 1 Analyst RNT/cr STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years: that on the 25th day of October 1979 she affixed a notice of which the annexed printed notice is a true copy, .in a proper and subs.tantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 NOTICE Of Hearing - change of zone application of Raymond & Anna Ciacia - 3:30 P.M., November 20, 1979. Judith T. Terry, To~ Clerk Sworn to before me this 25th day of October' 1979 -- ~tary Public [LNZABE"rH ANN ~flLt~ NOTARY PUBLIC, Stale ot NO. 52.8]25850. Sulfolk County Term [~pire5 March 30. 19~,..~3 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and the requirements of Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, [,~ew York, in said Town on the 20th day of November, 1979 at 3:3~) o'clock P.M., on the following proposal to amend the B ~ilding Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, to wit: By changing from "C" Light Industrial District to "A" Residential and ~gricultural District the property of Raymond and Anna Ciacia situated at Greenport, New York, and more particularly bounded and described as follows: BEGINNING at a point at the intersection of the Southerly side of Main Road and the Westerly side of Kerwin Boulevard; thence South 59© 35' 40" East a distance of 241.79 feet; thence South 40© 57' 30" West a distance of 152.58 feet which course runs along the Northerly side of Lawrence Lane; thence North 50© 35' 40" West a distance of 88.85 feet; thence North 30© 24' 20" East a distance of 59 feet; thence North 59© 35' 40' West a distance of 125 feet to a point on the Southerly side of Main Road; thence North 30© 24' 20" East a distance of 100 feet to a point or place of beginning. Known and designated as and by lots numbers 157 to 160 inclusive on a certain map entitled, "Amended Map A. Peconic Bay Estate, situate at Arshamomaque, Town of Southold, New York" made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office as MaD number 1124. DATED: October 23, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK Page 2 - Le%t Notice of Hearing - Cia~'~ PLEASE PUBLISH ONCE, NOVEMBER 8, 1979, AND FOR~VARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD NEW YORK 11971. Co~ies to the following on October 25, 1979: The Suffolk Times The Long Island Traveler-Watchman Inc. Town Clerk Bulletin Board James Bitses, Esq. ~D~T~ T. TE~Y ~Uff~OLE C~ ~L~O~ . - · ~ ~.:~ (~16) 765-1~1 ~IST~R OF VITAL STATISTICS Southold, L_ I., N. Y. 11971 October 25, 1979 Mr. Roy Haje Environmental Analysis Unit Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Haje: Enclosed find completed short Environmental Assessment Form and copy of map of proposed change of zone by Raymond and Anna Ciacia. This project is unlisted; other agencies may be involved but the optional coordinated procedures for designating lead agency and determining significance will not be followed. The Southold Town Board wishes lead agency status. (SEQRA). May we have your views on this matter. Written comments on this project will be received at this office until November 14. We shall interpret lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc: Southold Town Building Department P D T( Southold, N.Y. 11971 HENRY E. RAYNOR. Jr., Chairman TELEPHONE FREDERICK E GORDON 765- 1938 JAMES WAI.[, BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr, October 16, 1979 Southold Town Board Town Hall Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held October l, 1979. RESOLVED to recommend to the Southold Town Board approval of Application #242 of Raymond and Anna Ciacia for a change of zone from C Light Industrial to A Residential and Agricultural on lots numbers 159 and 160 located at Arsb~momaque in the Town of Southold. The reason for this recommendation is that it will upgrade the property. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~y Muriel Tolman, Secretary COMMISSION L~-ector of P~arm~ng Suffolk County Department of Planning [Zelera~ Memor&l tlighu~ay Haup~uge, L. I., N. Y. ~787 979-29t8 October 15, 1979 Town of Southold Planning Board Petitioner: Raymond & Anna'Ciacia Zoning Action: C/Z "C" Light Ind. to "A" Res. & Agric. Mun. File No.: 242 S.C-P.D. File No.: SD-79-3 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a.matter for local determination. The decision of local determination should not be construed as either an ·approval or disapproval. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman GGN:Jk Chief Planner OFFICE OF To~ CLERK TOWN OF SOUTHOLD JUDITH W. TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATIST[CS Southold, L. I., N. Y. 11971 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: September 11, 1979 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR 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 will not have a significant effect on the environment. DESCRIPTION OF ACTION Application for a change of zone from "C" Industrial District to "A" Residential and Agricultural District by Raymond and Anna Ciacia. Property located on the south side of Main Road and west side of Kerwin Boulevard, designated as lots numbered 157 to 160 inclusive on a certain map entitled "Amended Map A. Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York." The project has been determined not to have a significant effect on the environment fo~ the following reason: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Further information can be obtained by contacting Mrs. Judith T. Terry, Town Clerk, Town of Southold, Main Road, Town Hall, Southold, New York 11971. Copies to: James Bitses, Esq., a/c Raymond & Anna Ciacia Commissioner Robert F. Flacke, DEC, Albany Roy L. Haje, DEC, Stony Brook Suffolk County Department of Planning Southold Town BuildingDepartment Town Clerk Bulletin Board OkF CE' oF TOWN OF SOUTHOLD JUDITH T. TERRY SUFFOLK COUNTY TELEPHONE '--' '.' ' (516) 765-1801 TOWN CLERK '.~,' ,' REGISTKAR OF VITAL STAT[STICS · ' Southold, L. [_, N. Y. 11971 September 12, 1979 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted h~rewith is petition of Raymond and Anna Ciacia requesting a change of zone from "C" Industrial District to "A" Residential and Agricultural District on certain property at Greenport, New York. Please 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 Town Clerk ~ ~.. -~-- ~.~ ~ ~?,  o~so~o~ F~LK' CO~Y ~LEPHONE JUDITH T. TE~Y ~ (516) 765-1801 ~GISTRAR OF VITAL STATISTICS '~-~_~ Southold, L. I., N_ Y. 11971 August 31, 1979 TO Whom It May Concern: Attached hereto is Environmental Assessment Form completed by James Bitses representing Raymond and Anna Ciacia in connection with their application No. 242 for a Change of Zone from "C" Industrial District to "A" Residential and Agricultural District. ith T. Terry / ' Town Clerk JAMES BITSES MAiN ROAD August 31, 1979 Town Board of the Town of Southold Town Hall Main Road Southold, New York. 11971 Att: Miss Judith Terry Town Clerk Re: Application for Variance Raymond and Anna Ciacia Dear Judith: Enclosed please find six petitions for a zoning change by [he above. Attached thereto please find a one to two hundred scale map and a one to eight hundred scale map as required by the General Municipal Law. Also please find check in the sum of $100. as and for a fee herein. In the event that I have overlooked something I would appreciate your calling me a~ soon as you can so that I may correct same. In the event the application is cogrect, I would appreciate your placing this matter on the Town Board agenda at their earliest convenience. With kindest personal regards, I am Yours truly, Jmes Bi ses JB: ah Encl. STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF RAYMOND AND ANNA CL~kCIA FOR A CIiANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLr): We 1. &, .....R._.a.~._m...o.9..d....~...d...~.n..~..~.i..~ ......... , residing at .l~i..a..i..n...~9.a..d.~..q.r.~..e.x)~)_gr__~.......N~.. (ixJsert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ..M..a..i..n...~.~...~..a..d..~....G..r..e...e..n..p...~..r.`t.~....N...Y~.... and more particularly bounded and described as follows: All %hat certain plot, piece or parcel of land, situate, lying and being at Atshamomoque, in the Town of Sou%hold, County of Suffolk and State of New York, known and designated as and by lots numbers 157 to 160 inclusive on a certain map entitled, "Amended Map A, Peconic Bay Estate, situate at Arshamomoque, Town of Sou%hold, New York" made by Ot%o W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office as Map number 1124. BEGINNING at a point at the intersection of %he Southerly side of Ma_/n Road and %he Westerly side of Kerwin Boulevard; thence South 59° 35' 40" East a distance of 241, 79 ft; thence South 40° 57' 30" W. a distance of 152.58 ft which course runs along the Northerly side of Lawrence Lane; thence North 50° 35' 40" West a distance of 88.85 fi; thence North 30° 24' 20" East a distance of 50 ft; %hence North 59° 35' 40" West a distance of 125 ft to a point on the Southerly side of Main Road; thence North 30° 24' 20" East a distance of 100 ft to a point or place of beginrfing. 2. I do hereby petition the Town Board of the Tow~ 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: Petitioner presently lives in a dwelling.house located in "C?i Zone - a non- conforming use. He has petitioned the ,~.,,.9 Board to divide his property into two parts. He wishes to move his house fro/n Lot 158 a distance of 40 feet to Lots 159 and 160 which at %he present time are "C" Zone. If %he Town __~ Board changes Lot 159 and 160 from a "C" zone to an "A" zone, a non-confortning use will be abated and the area will be upzoned to an "A" category all to the benefit of the Town. 3. Such request is made for the following reasons: Applicant wishes to sell Lots 157 and 158 with the commercial improvements thereon to Lynn Sciora of Hartsdale, New York but cannot do so because of flue close proximity of his dwelling house to his business establishment. Since his property consists of four lots ~157, 158, 159 and 160) he wishes to upzone Lots 159 and 160 and convert same to an "A" zone so that he may then sell Lots 157 and 158, abate a non-conforming use (dwelling house in "C" zone), upgrade Lots 159 and 160 to an "A" zone so that he may moxre his dwelling house thereto. Without flue upzoning to an "A" zone applicant will be obliged to purchase an "A" zone lot mud move his dwelling there at great inconvenience, effort and expense. Rayrn~nd Ciacia x Anna Ciacia STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ..R..a[ .m..o.n.d..a..n.d.. _A~...n..a..C..i.a?.i.a. .............. , BEING DULY SWORN, deposes and says that a.l~e they!~ the petitionet~in the within action; thattheyha~eread 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 in£ormatiou and belief, and that as to those mattersthe~'believes it to be true. Ray~m~nd Ciacia 1 · Anna Ciaeia this .2..3.r.d. day of ...A..u._gg..s.t. ............ , 19.7_9.. No~/ Public, ~te of Ne~ ~ No. [,2 L~32530 Qualif'ed i~ Su;folk Coun_t~ term F..%oires March 30° ~1~'[ TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM than 10' acrss of land? ......... 2. W~i there be a ~jor ckan~9 ~o any ,~i~ue o~ 9. ~! projec: adverse!7 ~acz any ~J;e or safac7 ? ..........