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HomeMy WebLinkAboutFilla, Martin WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ............... ~'.~$D...~'.~:~.~% .......................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps mode a part thereof by chang- ing from ..'.'.~.'i...~'.~'.c~i .-~....A.~.'~:J:.~Distri~t to ...'.'.~'.~.'i...~.~.~-...~.~.iness 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 ...... ~.5.gb.....day of .................. ~i~'.~: ................., 19..?.~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is Denied in all respect, s. BY ORDER OF THE SOUTI{OLD TOWN BOA~RD DATED: June 6, 1972. -Albert W. Ric-h~ond, Town Clerk April £~, 197Z TO~; GLE'~IK~ AI~ERT W. RIOHMO~7.) (3) ~dw~d ~. ~olqu~n -2- Ap~ ~, SUP~¥L~O~ ~OCCHLt! I will ~ cml1 t~ ~m~in~ to o~e~ (7~30 P.M.). C~nei~n ~loh will ~ead t~ legal ~Ice o~ of legal n~l~ attao~d), and p~f of ~ltcatl~ In ~ ~o~o t~t t~ ~tlt~on ~e denied bec~a~e~ 1. a p~ede~t f~ ~ ~l~ &n ~he lo~ale a~ along Sta~e ~wa2 det~&~tal to t~ aafeDy a~ ~affie m~ng n~ m~m ~o ~e ~y ~mt~ ~ed f~ add&~i~l oo~tal Su~ts~ ~ohtn ~ad t~ ~~att~ of the denied f~ ~ ~as~ ~ ~ Tow~ :Aaate~ ~n d~s n~ S~thold T~ ~oa~d -3- ~ eaa~ a~ ~s2e~ dlrec~io~ 2~ w~t e~la~ed d~e~ ~ w~ o~ld ~ve hnp~nad in a perl~ of leas ~a~, ~hXa applioation ~s ~ee~ ~fo~ t~ ~oa~d since 1971. ~ ~t~ T~ fa~a~ ~anted. SO, I d~et ~ w~ o~ld ~ happe~d of ~ p~ and t~ H~d. b~mt ~ p~pose ~o do i~ ~o squaPe offf t~t piece ~ ac~ l~n ~loh w~ld ~,~e a~.~ n~ l~ktng ~o e~pand In ~postt[~ to t~ S~a~l~ of thl~ ~by t~y ohip~d a~y little pieces of land ~~d. I -~ may $~ we mh~l ~d~ SUi~'[V.I:~OH ~2T~CH~: D~$ anj~r:e else ~ a~inet th~n appl[oa$~? (T~ was no ~spo~.e.) Ma~t~tuok~ !~ew Y~']{. C~amo~lm~n H~n w~ll ~ead ~ legal o~" ln~a~nf~ (see OOl~ of legal notXoe a~.~e~hed}, a~d p~of o~ ~lt~at~ ~n t~ off total ne~apa~. ~loult~l distrio~ to ~" L~h~ ~lm~ ~e~a stated t~ )~s. A. Van ~2s~e~ ~. ~ B. ~aw~e~lj ~a~OJ ~WIB a~ ~a~7 ~l~. to I~ ~et~t t~ ~ntl~ ~ th~ applioatl~? ~lp e~ ~ v~ ~ ~ltten to 7~. I u~ like to i~l ~ 1o ~ at ~t F~F vo~em of ~ealX~e %~t ~ ~ a deep feelln~ of oonce~n. Thls i~ ~ I w~ I~ ~o put into ~ ~co~, exhibits ,~ ~ E. ~lbl% A - plctu~ ~ t~ Ad~nt ~t~an C~ch. w~ ~ ~ubJeeted to tnc~ea~d · ~t~lt C - piot~ also t~n on t~ ~th side Of · tde ~ ~lOtn AVe~e. g~ibl~ 3 - plc~ Of h~se~ or, tk~ ~e~t ~ide of ,'acift~ g~. T~e h~mes ~l-~t ~h, ect~ ou pPoperty t~t Is to be ~ltit F - platte ~f ezl~tlu~ ~t~u~tu~e ~hich 1~ ~ p~atc h~ae t~ hae r,~ teen ~aed f~r ~ I think t~ pe~ tn t~ nelgh%-o~ho~ ~ d~e a wonderful is a ~e~ of ~a~ i~ortance to ~he~. Tk~ a~e of Paeift. o ~glon s~ets l~ eolld~ ~.ldential.. ~ ce~te~ shields them f~ c~otel de~l~nt on t~ ~at; t~ rai~d on t~ n~h~ ~ t~ esot t~ lsa ~sldential shield a~d elco a ~fe~ ~. ~ t~e pa~lcu~ p~y la c~ged to i~uat~lal In t~ e~nity. ~eu$hold T~n Bc~ -7- ~h~s apFl~Gnt~o~ f~ t~ foll~ln6 ~eau~G: poor scc*~, ~h~ ~aek of ~-~. T~ ~s ~ enoch a~ fo~ adequate water o~ se~o~e d~aposel. ~o~les and e~oh one ~ 2h~e w~ lo~e n doll~. T~ ~ ~ao~ Gan ~ ~% ~ t~e. i~ was t~ su~ges~ of ~oe~t~. ~y b~ a ~m and ~ t~ tG eol~ ~oatho~] To~ Board p~oteoti~ ~' resting,al a~as. Th[~ will not ~emt bat ~met~i~. a~ae $~ ~O t~ ~o~dl~ion t~af~io. ~tte i~etble with thi~ /~t[tion. ~ ~nd~d ~y tl~ aa a w~ dom~t p~eot t~ old a~as t[~i'e ie on~ one way ~y ca~ ~o and s~t .~rOUthOld Tm*n ~oat,-d -13- April p~oof of ~l[oatton tn ~ offtc[~l newspaper. Sape~ieor ~a~toooh~a ~ead ~ ~com~ndatto~ of ~he ~a~folk C~n~y Plannl~ ~o~slon ~ho dlaepp~ for ~ ~tho~ T~n ~Zann~ Poapd. Thsy ~o no~. r~c~d ~ ~oo ~ll ~ a~ea fo~ ~e as ~ t~!r'~e~m we would ~e approval ~u~ t~y do u~ approve real em~ate. I offered to give t~ Poard a covenant e~atln8 t~ t~ pP~erty would ~ used only f~ a ~al estate office which, I maintain, l~ a pPofeaslu~l office. ts In fav~ of ~anti~ this appllc~tlo~ o~ ~ p~of~y of Ro~uin? (~ was ~ Peap~ee. J ~%U~VI~ ~RT~CH~ Is ~e anyo~ p~oen~ who to s~ak In ~position to t~ ~a~2n~ of ~hts appllo~tio~? [~re ~as no -11- Aprll 25, 1972 SU~VISO[4 ~V~TO~CHIA= I w~ll n~cloee ~h~hear~r~, PROPOSALS, "fO AMEND ZONING ORDINANCE PuL'suant LO Section 265 o~ the Southold. Suffolk County, New held by the Southold Town Board in the office o[ ~he Super- visor, 16 Sou~h Street, Greenport, to "G Light Industrial District thy followinR described properly. - wit: ~UFFOLK [ ss: YORK I Vhitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND AATFITUCK WATCHMAN, a public news- at Southold, in Suffolk County; and that hich the annexed is a printed copy, has been 3id Long island Zraveler-Mattituck Watch- n to before me this ........ ~.~...:?. ...... day o[ · .) COUNTY OF SUFFOLK, STATE OF NEW YORK. ......... Stuart~. ¢... ~arman ............. being duly Sworn. says that ....h_e_. is Printer and Publisher of the SUFFOLK W£EKLY TIMES, a newspaper published ut Greenport, in s~id county; and t~hut the notice, of which the annexed is u printed copy, l~as been published in the said Suffolk Weekly Times once in each week, ~or ..... qn.e. ................... weeks successively commencing on the ........ ~c%b ............. day of .... ~.P~.-~.. Sworn to before me this ~/.-~.' ........ ".' ' ' // .... ...... No. 52 Qu~hfied in ~emrniss~en EM:ires March 30, by=~ Tram ~ tn } ~j93d Agricultural Ci~: I¢~'::'/G"k, _.~1, more par~arly ~u~ ~ and d~ ~b: ; · B~O at a ~t ~ ~ easterly line of Eugene's Road at the southerly corner or land now or formerly of Glover and run- niug thence along said land now or formerly of Glarer and land of Abate]Ii, the following six (6) courses and distances: (1) North 42 degrees 12' 00" East 185.47 feet; (2) North 50 degrees 34' 00" West 121.00 feet; (3) North 45 degrees 44' 40" East 131.22 feet; (4) South 68 degrees 15' 00" East 22O.48 feet; (5) South ~6 degrees 11' 50" West 331.63 feet; (6) North 68 degrees 42' 40" West 193.44 feet. 2. By changing from "A" Residential and Agricultural District to "C" Light Industrial District, the property of Martin ' Sider Jr, and Stella Sider, situated at Legion Avenue, Mattituck, New York, and more particularly bounded and described as follows: North by Long Island Railroad, East by Hamilton Griffin, South by Legion Avenue, and West by Bethany Cemetery. 3. By changing from "A' Residential and Agricultural District to "B" Light Business District, the property of Edward R. Pmlquin, situated at Cox Lane and B~ute 27A, East Cutchogue, New York, and more particularly bounded and described as follows: Afl that certain plot, piece or parcel of land with the buildings and improvements thereon erected situate, lying and being at Cutchugue, Town of Southold, County of Suffolk and State of New York, bounded north by Middle Road, east by Cox Lane, south by land of H. Pietrewicz, and west by land of said Pietrewicz, containing by estimation one-half i t~.) acre. he the same more or less. At 8:00o'clock in the evening of said day, April 25, 1972, on the following proposals to amend the Building Zone Ordinance (ta- cludlug the Building Zone Maps) of the Town of Southold, Suffolk County, New York, on the Southold Town Board's own motion. I. By changing from "A" Residential and Agricultural District in "C" Light Industrial District ll~ fo]lowing described property, to wit: Premises at New Suffolk in the Town of Southold being all that land south of Jaeksen Street and east of First Street to the or- dinary high water mark of Cutchngue Harbor excepting, · however, so much of said premises as is pre. oily within the 'C' Light Industrial District. II. By chan~ing from "A" Residential and Agricultural District to "B-I" General Business District the following described property, to wit: All that certain plot, piece or parcel of land situate, lying and being at Southald, in the Town of Southold, bounded and described as follows: Beginning at the intersection of the westerly line of the Main Road with the southerly line of , Aekerly Pond Lane; from said point of beginning running southerly along said westerly line of Main Road un a curve to the right having a radius of 1110.92 ' feet, a distance of 344.34 feet; thence still along said westerly line of Main Road South 27 degrees 33 minutes West 18.0 feet to land of Willow Pall Cemetery; thence along Willow Hill Cemetery, North 52 degrees 29 minutes 50 seconds Wast 234.07 feet to the southeasterly line of Lower Road; thence along said southeasterly line, North 41 degrnes 45 minutes East 144.48 feet to said southerly line of Ackeriy Pond Lane; thence along said southerly line two courses: (1) North 73 degrees 05 minutes 48 seconds East 96.45 feet; (2) North' 76 degrees 03 minutes 20 seconds East 170.10 feet to the point of beginning. IlL By changing from "A" Residential and Agricultural District to "B-I" General Business District the following desoribed property, to wit: All that certain plot, piece or parcel of land situate, lying and being at Southoid, in the Town of Southold, bounded and described as follows: Beginning at a point on the easterly line of Wells Avenue 200.03 feet southerly along said easterly line from Main Road; [rom said point of beginning running along the existing 'B-I" zone line, North 73 de,roes 17 minutes 20 seeeeds East· 148.14 feet; thence South 15 degrees ~ minutes 50 seconds East 464,10 feet to the northerly line of said Wells Avenue; thence along said northerly line South 70 degrees 22 minutes 20 seconds West 149.89 feet to said easterly line of Wells Avenue; thence along said easterly line North 15 degrees 45 . minutes 10 seconds West 471.75 feet to the point of beginning. Any person desiring to be heard en the above proposed amend- ments should appear at the time and place so specified. DATED: March 28, 1972, BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W RICHMOND TOWN CLERK STATE OF NEW YORK: COUNTY OF SUFFOLK: Sounhold, SS: ALBERT W. RICHMOND, of Southold, New York, being duly sworn, age of twenty-one years; that on the 19 72 is a true copy, public place in York, to wit:- says that he is over the 7th day of April he affixed a notice of which the annexed printed not,cc in a proper and substanuial manner, in a most the Town of Southold, Suffolk Countv, Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.,N.Y. Sworn no before me this 7th day of April 19 72 ~tary P~lic LEGAL NOTICE NOTICE OF HEARINGS ON PROPOSALS TO AM_END ZONING ORDINANCE Pursuant to Section 265 of the Town Law and Article XVI, Section 1600 of the Building Zone Ordinance of the Town of Southold , Suffolk County, New York, public hearings will be held by the Southold Town Board in the office of the Supervisor, 16 South Street,'Greenport, New York, in said Town on the 25th day of April, 1972, 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. District Martin Filla, situated at East Cutchogue, New York, particularly bounded and described as follows: BEGINNING at a point on the easterly line of Eugene's Road at the southerly corner or land now or formerly of Glover and running thence along said land now or formerly of Glover By changing from "A" Residential and Agricultural to "B-l" General Business District, the property of and more and land of Abatelli, the following six (6) courses and dis- tances: (1) North 42© 12' 00" East 185.47 feet; (2) North 50© 34' 00" West 121.00 feet; (3) North 43° 44' 40" East 131.22 feet; (4) South 68© 15' 00" East 220.48 feet; (5) South 26© 11' 50" West 331.63 feet; (6) North 68© 42' 40" West 193.44 feet. 2. By changing from "A" Residential and Agricultural District to "C" Light Industrial District, the property of Martin Sidor Jr. and Stella Sidor, situated at Legion Avenue, Mattituck, New York, and more particularly bounded and described as follows: 2 - Leg~ Notice Notice o= Hearing on Proposals to Aide,nd Zoning Ordinance North by Long Island Railroad, East by Hamilton Griffin, South by Legion Avenue, and West by Bethany Cemetery. 3. By changing from "A" Residential and Agricultural District to "B" Light Business District, the property of Edward R. Rolquin, situated at Cox Lane and Route 27A, East Cutchogue, New York, 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, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded north by Middle Road, east by Cox Lane, south by land of H. Pietrewicz, and west by land of said Pietrewicz, containing by estimation one-half (1/2) acre, be the same more or less. At 8:00 o~dlock in the evening of said bay, April 25, 1972, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, on the Southold Town Board's own motion. I. By changing from "A" Residential and Agricultural District to "C" Light Industrial District the following described property, to wit: Premises at New Suffolk in the Town of Southold being all that land south of Jackson Street and east of First Street to the ordinary high water mark of Cutchogue Harbor excepting, however, so much of said premises as is presently within the "C" Light Industrial District. II. By changing from "A" Residential and Agricultural District to "B-i" General Business District the following 3 - Lega1 Notice Notice o_ ~earing on Proposals to At .ding Zoning Ordinance described property, to wit: Ail that certain plot, piece or parcel lying and being at Southold, in the Town of and described as follows: Beginning Main Road with of land situate, Southold, bounded at the intersection of the westerly line of the the southerly line of Ackerly Pond Lane; from said point of beginning running southerly along said westerly line of Main Road on a curve to the right having a radius of 1110.92 feet, a distance of 344.34 feet; thence still along said westerly line of Main Road South 27 degrees 33 minutes West 18.0 feet to land of Willow Hill Cemetery; thence along Willow Hill Cemetery, North 52 degrees 29 minutes 50 seconds West 234.07 feet to the southeasterly line of Lower Road; thence along said southeasterly line, North 41 degrees 45 minutes East 144.48 feet to said southerly line of Ackerly Pond Lane; thence along said southerly line two courses: (1) North 73 degrees 05 minutes 40 seconds East 96.45 feet; (2) North 76 degrees 03 minutes 20 seconds East 170.10 feet to the point of beginning. III. By changing from "A"Residential and Agricultural District to "B-i" General Business District the following described property, to wit: All that certain plot, piece or parcel of land situate, lying and being at Southold, in the Town of Southold, bounded and described as follows: Beginning at a point on the easterly line of Wells Avenue 200.03 feet southerly along said easterly line from Main Road; from said point of beginning running along the existing "B-l" zone line, North 73 degrees 17 minutes 20 seconds East 148.14 feet; thence South 15 degrees 55 minutes 50 seconds East 464.10 feet to the northerly line of said Wells Avenue; thence along 4 - ~ega] Notice Notice o tearing on Proposals to Au Ad Zoning Ordinance said northerly line South 70 degrees 22 minutes 20 seconds West 149.89 feet to said easterly line of Wells Avenue; thence along said easterly line North 15 degrees 45 minutes 10 seconds West 471.75 feet to the point of beginning. Any person desiring to be heard on the above proposed amendments should appear at the time and place so specified. DATED: March 28, 1972, BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISH ONCE, APRIL 6, 1972, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWI~ CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on March 29, 1972: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Martin Filla Martin Sidor, Jr. Edward R. Rolquin Supervisor Martocch~ Otto W. Van Tuyl COM ML.~ION Seth A. Hubbard Ch~rm~m Lee E. Koppelman Director o~ Planning Suffolk County Department of Planning John V.N. Klein County Executive Veterans Memorial Highway Mar ch 21, 1972 Hauppauge, L. 1., N. Y. 724-2500 Mr. Albert W. Richmond, Town Clerk Town of Southold Main t{o ad Southold, New York 11971 Re: Application of Martin Filla for a proposed change of zone from "A" Agricultural and Residence to "B-i" General ]Business, Town of Southold, (SD-72-6) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission has considered the above captioned zoning action and has disapproved this change of zone because of the following: It would constitute the unwarranted perpetuation of strip commercial development along Koute 25; It would tend to establish a precedent for further downzonings in the locale and along the state roadway detrimental to the safety and traffic carrying capacity of said facility; IL is not consistent with the Town Master Plan which designates this area for suburban density residence development; The Town Master Plan does not encourage commercial ribbon develop- ment along Route 25; There does not appear to be any demonstrable need for additional com- mercial development in the locale. Very truly yours, GGN: sfk Lee E. Koppelman Dire ctor of Planning Gerald G. Newman Chief Planner March 14, 1972 Suf£olk County Department of Planning Veteran's Memorial Highway Hauppauge, ~ew York 11787 Attent£on~ Gerald Newman, Chief Planner The Southold Town Planning Board hereby refers the following proposed change of zone applications, an~ maps, to the Suffolk County Department of Planning for their determ/nation~ 1. Amended~petition ~f Philip W. Abatelli, S/S Main Road, Cutchogue, N.Y. - frown UA" to 'B-l". Previous S. C. P. D. File No. SD-71-8 2. Amended petition of ~tartin Fills, $/S Main Road, Eugene's Road, Cutchogue, N.Y. - from Previous S. C. P. D. File No. SD-71-7 3. Amended petition of Edward R. Rolquin, S/W corner of Middle Road (CR 27) & Cox Lane, Cutchogue, N.Y. - from Previous S.C.P.D. File No. SD-71-6 4. New petition of Halsey A. Staples, S/W corner of Wilmarth Avenue & Hain Street, ~lap of Washington Iieights, Lots 3,4,& 5, Greenport, N.Y. Respectfully submitted, JW:BN cc~- Southold Town Board files/ .John Wlckham, Chairman Southold Town Planning Board TOWN OF SOUTHOLD ?OWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Del~t. } Planning Bd. 765-2660 Board of Appeals Ar~£cle XZ~Z, Section 1333 of the Suffolk County Charter Pursuant to t~~Y~l~]f,t~~~~J~]f~lb~ ~][~(X~f~i,~,~the ...P. lann4Lng...Ik:lar.d ............... of the town of ....SQu.t. hoJ. d ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance .~... Zoning changes ............ Special permits ............ Variances Location of affected land: .$~..$.....F~....~........~..a..~...~(R..~.-.2..~.~..~.E./.....E..~..c~.$..n.~.~..~...~.?.~....~.~h~.~e, N within 500 feet of: (check one or more) ............ Town or village boundary line ..~... State ~, ~u~'~[~~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: The Planning Board do~$ not recommend this change of zone, due to the following reasons~ (1) It would be an expansion of a business district on an'S' curve on a state h~ghway; (2) The parcel is side hill property and would establish a dangerous entrance & exit to the Main Road~ (3) Last year an application was made for a change of zone on the opposite side of the state h~ghway and it was d~sapproved by both the Pl~nll~ng Co~mission and Town ~oard because it would have constituted an unwarranted Date: ............................................ expansion of a business district in a residont~al March 14, 1972 (~gned) This is an amended ]~st~.tion, previous ~. C. P. D. ~le N~. SD-71-7 Cha~an, Planmimg Board .......................... ......... Date received by Suffolk County Planning Commission ........................................................................ File No ................................. M~rch 10. 1971 Mr. John Wickham Chairman, Planning Board Cutchogue. N.Y. 11935 Dear Mr. Wickham; The original petition of Martin Filla, Mattituck, New York, rel- ative =o change of zone ( a portion which is "B" Business District to "B-2" Business District and a portion which is "A" Res. & Agric. District to "B-2" District) on certain property situated in East Cutchogue. NoY. 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 petit- ion and determine the area so effected with the recommendation of your Board. Awe/mr Very truly yours. Albert W. Richmond Town Clerk Southold Town Planning Board -qrlUTHEILD, L. I,, N. Y, 11971 PLANNING BOARD M EM BERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle March 8, 1972 Southold Town Board 16 South Street Greenport, New York Gentlemen: This is to advise you that the following resolution was passed by the Southold Town Planning Board at their meeting held on March 7, 1972: In the matter of the amended petition of Martin Filla, Mattituck, New York, relative to change of zone from "A" Residential and Agricultural District to "B-l" General Business District on certain property situated at Main Road, Cutchogue, New York, it was RESOLVED that the Southold Town Planning Board does not recommend favorably to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B-i" General Business District on the above described property, because of the following reasons: 1. It would constitute the unwarranted perpetuation of strip commercial development along Route 25; 2. It would tend to establish a precedent for further down-zonings in the locale and along the state roadway detrimental to the safety and traffic carrying capacity of said facility; 3. It is not consistent with the Town Master Plan which designates this area for surburban density residence development; 4. The Town Master Plan does not encourage commercial ribbon development along Route 25; 5. There does not appear to be any demonstratable need for additional commercial development in the locale. Change of Z~ne P~commendation Martin Fill -2- March 8, 1972 Respectfully submitted, ~ohn Wickham, Chairman Southold Town Planning Board JW:BN TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Del=t, } Planning Bd. 765-2660 Board of Appeals Article XIII, Section 1333 of the Suffolk CountvCharter Pursuant to ~~~H~Y~K~X~KX~K~~XKR~%X~ ][~Kdf.~~Xthe ...P.laan~ng...Board ............... of the town of .... SouthGld ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance .XX~[... Zoning changes ............ Special permits ............ Variances Location of affected land: -~/..~..Main..~x~a~...(Rt.25~.,...E/...~.u~eneJ..s..R~L..,...Cutcho~.ue, N.Y. within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: The Planning Board does not recommend this change of zone, due to the following reasons: (1) It would be an expansion of a business district on an "S" curve on a state highway; (2) The parcel is side hill property and would establish a dangerous entrance & exit to the Main Road; (3) Last year an application was made for a change of zone on the opposite side of the state highway and it was disapproved by both the Planning Commission and Town Board because it would have constituted an unwarranted Date: ............................................ expansion of a business district in a residential This is an amended petition, previous S. C. P. D. File No. SD-71-7 Title Town of Southold Date received by Suffolk County Planning Commission ........................................................................ File No ................................. ALIq~'RT W. RII~.HMnND TOWN C L I:' R I~ RI:'I--IIS'I'RA;~ OF' VITAL =:TATISTI~S OFF D SOUTHOLD, L. I., N. Y. 11971 TELEPHnN--_ '765-3'783 February 14, 1972 Mr. John Wickham Chairman, Planning Board Cutchogue, New York 11935 Dear Mr. Wickham: The original petition of Martin Filla re- questing a change of zone from "A" Residential and Agricultural District to "B-i" General Business District on certain property situated at East Cutchogue, New York is in the files in the office of the Planning Board at SouthoI~, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so affected with the recommendation of your Board. Very trmly yours, Albert W. Richmond Town Clerk AWR/j b 516 ?~4-5100 February 2, 1972 Albert W. Richmond, Town Clerk Office of the Town Clerk Southold, N. Y. 11971 Re: Application for Zone Change of Martin Filla Premises: Main Road and Eugene's Road, Cutchogue, N.Y. Dear Mr. Richmond: Pursuant to your letter of December 21, 1971, addressed to my client, Martin Filla, we enclose herewith an original and duplicate original of amended Petition together with amendment of survey here- tofore prepared by Van Tuyl & Son, dated February 18, 1971, correcting the adjoining zones as required. In addition, we also annex to the application a photocopy from the Official Zoning Map of the premises in the vicinity ofthe parcel requested to be rezoned. Three additional copies of the amended survey and excerpt from the Official Zoning Map are also annexed hereto. We trust that this will satisfactorily complete the file in this matter and that a public hearing for the proposed zone change will be set at an early date. Thanking you for your courtesies herein. Very truly your~ "' / / ~ RJC/j f Enclosures STATE OF NE~.V YORK AMENDED PETITION TO\VN OF SOUTHOLD IN TilE MATTER OF THE PETITION OF FOb[.\ CHANGE. MODIFICATION OR_\MENDMIZNT OE TItE BLrlI.DING ZONE ORDI- NINCE OF THE TO\VN OF SOUTHOLD, SUFFOI. K CC)UNT¥, NEX\r YORK. TO THE TO\VN BOARD OF THE TO\VN OF SOUTI~IOLD: (insert name of petitioner) Suffolk Cotmtv, New York, the undersigned, am the owner of certain rea[ property si,tinted at ..... Ea.~..9.u.~.bg. g171.~ ............... and more particularly bom, tied and described as follow:4: BEGINNING at a point on the easterly line of Eugene's Road at the southerly corner of land now or formerly of Glover and running thence along said land now or formerly of Glover and land of Abatelli~ the following six (6) courses and dis- tances: 1. North 42° 12' 2. North 50° 34' 3. North 43* 44' 4. South 68° 15' 5. South 26° 11' 6. North 68° 42' 00" East 185.47 feet; 00" West 121.00 feet; 40" East 131.22 feet; 00" East 220.48 feet; 50" West 331.63 feet; 40" West 193.44 feet. 2. I do herel)y petition the Town Board of the Town of Southold to ch:rage, modify and amend the Buildi~g Zone Ordinance ot the Towu of Sottthold, Suffolk County, Nexv York, including the Building Zone Maps heretofore made a part thereof, as follows: To amend the zoning restrictions of the above-described parcel from an "A" Zone to a "B-I" Zone pursuant to the provisions of the Building Zone Ordimnce of the Town of Southold. 3. Such request is made for the following reasons: It is to be noted that the subject premises has frontage both on Route 25 and Eugene's Road. The frontage on the Main Road is 131.22 feet and on Eugene's Road 193.44 feet. In order to secure a more uniform and comprehensive businesszone use area it is re- spectfully requested that the premises above described be zoned to a uniform"B-l" Business Zone Use. It is clear that inthe light of the surrounding use areas that the subject parcel is not suitable for residential development. In this connection, the portion of the premises fronting on Eugene's Road is bounded by a gasoline station and real estate office. That portion on the Main Road has on its one boundary the same real estate office. 3. Suchrequestismadefortbefollowing reasons: Gont'd from Page 1-- An examination of the area north of the Main Road adjoining Cox's Lane~ reveals that business "B-i" zone use districts exist on each side of said Cox's Lane on the northerly side of the Main Road. The tenor of the entire intersection surrounding the premises in question is of a business nature. The rezoning of the subject parcel would create only a slightly larger light business area at the intersection of the Main Road and Eugene's Road~ and would in no way be detrimental to the owners of adjacent surrounding properties. As heretofore indicated, the sub- ject parcel due to its irregular condition and the business tenor of the surrounding area renders the property completely unsuitable for residential development purposes. Martin Filla STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK. ) MARTIN FILIA , BEING DUL\ .... ' deposes and sa_vs that .............................................. SVt, Oi,-N, be is the petitioner in the within action; that be bas read the foregoing Petition and knows thc contents thereof; that tile same is true to his (bet) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as t. thc, se matter, he believe, it to be true, ilvickhom creek WE'ST '~A~T OFFI i~-ERK 1 , SOUTHDLD, L, I., N. Y, 119'71 December 21, 1971 Mr. Martin Filla Mattituck, New York 11952 Dear Mr. Filla: Due to the recent amendments to the Southold Town Building Zone Ordinance and Maps, if you wish your appli- cation for a change of zone to be considered by the Southold Town Board, you must amend same to conform to the new ordinance. Enclosed herewith are the necessary forms for a new application. We will need a new map indicating surrounding area as per the new zoning maps. Very truly yours, Albert W. Richmond Tow// Clerk Enclosures Seth A. Hubbard Chairma~ Lee E. Koppelman Director o] Planning Suffolk County Department of Planning Lee Dennison, County Executive Veterans Memorial Highway August 9, 1971 Hauppauge, L. l., N. Y. 724-2500 Mr. Albert W. Richmond, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of Martin Filla for a proposed change of zone from "A" Agricultural and Residence to "B-Z" Business, Town of Southold, (SD-71 -?) Dear Mr. Richmond: Purauant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission has reviewed the above captioned zoning action and has disapproved this change of zone because of the following: 1. It would constitute the unwarranted perpetuation of strip commercial development along Route 25; It would tend to establish a precedent for further down- zonings in the locale and along the state roadway detri- mental to the safety and traffic carrying capacity of said facility; It is not consistent with the Town Master Plan which designates this area for suburban density residence de- ye lopment; 4. The Town Master Plan does not encourage commercial ribbon development along Route 25; 5. There does not appear to be any demonstrable need for additional commercial development in the locale. Very truly yours, Lee E. Koppelman Director of Planning Michael A. LoGrande Chief Planner MAL:ec TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN GLERK 765.3783 Building De;)t. } Planning Bd. 765-2660 Board of Ap;eals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12IB, Sections 239-1 and m, the ..... ~.~,~.~..~ .............. of the town of S~l~t,]~,l[ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance .... ~. Zoning changes ............ Special permits ............ Variances Location of affected land: ~.~.~]~:~...~.~.~.~.~.~.~'~.~.~..~.~.~..~..~.~...~.~!~t~?~ within 500 feet of: (check one or more) ............ Town or village boundary line .... ~1~.. State ~ road, ~-~"~/~'~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public buildin~ is situated Comments: ~ ~,i~J~ ~i1_?~ ~l't~! ~;11,~1.~ ~hl~l~l~ ~ t~e ~1~. :[~z~llt~ al~ the Ma~Lu ~(ea~ and ren~d~nt~al develepment w~th 1 aere /.~-- ........................ Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Southold Town Planning Board F:;E3UTHE]LD~ L. I., N, Y. 119'71 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Southold Town Board 16 South Street Greenport, New York June 15, 1971 Gentlemen: This is to advise you that the following resolution was passed by the Southold Town Planning Board at a regular meeting held on June 14, 1971: In the matter of the original petition of Martin Filla,. Mattituck, New York, relative to change of zone from "B" Business District to "B-2" Business District on one portion and from "A" Residential and Agricultural District to "B-2" Business District on the re- maining portion, on certain real property situated in East Cutchogue, New York, it was RESOLVED that the $outhold Town Planning Board recommend favorably to the Southold Town Board the change of zone from "B" Business District to "B-2" Business District and from "A" Residential and Agricultural District to "B-2" Business District on the above described property. It is the opinion of the Planning Board that it would be advan- tageous to the area if the remaining residential portion of the property, on the east side of Eugene's Road, were divided into lots containing not less than one acre of area each. JW:BN Respectfully submitted, John Wickham, Chairman Southold Town Planning Board April 23, 1971 John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Re: Application of Martin Filla for Zone Change Premises: Main Road and Eugene's Road, Cutchogue Dear Mr. Wickham: Pursuant to discussions had with the Planning Board at its public hearing on April 20, 1971, at the Southold Town Clerk's Office, we do hereby advise the Board that in the event that the zoning change application as requested is hereinafter granted, the applicant with respect to the remainder of the premises owned by him to the east will proceed to make application for a minor subdivision consisting of three lots, all of which will have 135 feet on Eugene's Road with a depth of approximately 312 feet. In order to assure the Board that our intended use of the re- maining lands is as declared, we have secured the consent and approval of the contents hereof on the bottom of this letter by the applicant, Martin Filla. We trust that this will be of some assistance to you on this application. Thanking you for your courtesies extended. ssn~ly, ..~,.-~'~.i--~. ""~ tLIC/j f The foregoing is consented to and approved: ' Martifi Filla OFFI~ERK srIIITHDLD. L. I.. N. Y. 11971 March 10, 1971 Mr. John Wickham Chairman, Planning Board Cutchogue, N.Y. 11935 Dear Mr. Wickham; The original petition of Martin Filla, Mattituck, New York, rel- ative to change of zone ( a portion which is "B" Business District to "B-2" Business District and a portion which is "A" Res. & Agric. District to "B-2" District) on certain property situated in East Cutchogue, 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 petit- ion and determine the area so effected with the recommendation of your Board. AWR/mr Very ~ruly yours, . Albert W. RiChmond Town Clerk I'~ arch 8 1971 ]~ain Dear Enc!o~:eo ~!ease find receipt for ~ 2~.0(> foc~ ehan?n of zone a olicatlon bUilJing ins, ect:::r March 4, 1971 Howard Terry, Building Inspector Town Clerk's Office Main Road Southold~ N. Y. 11971 Re: Application for Zone Change-- Martin Filla Dear Howard: In connection with the~above captioned, we enclose herewith original and three copies of petition to the Town Board for a zone change, together with appropriate maps annexed thereto. In addition, we also enclose two additional maps of the premises, making a total of six, which we understand meets the requirements for the application for the zoning change. We further enclose herewith our check in the sum of $25.00 payable to the Town of Southold as a filing fee. We should appreciate being advised when this matter is to be brought before the Planning Board so that we may make arrange- ments to be present at such time. Best wishes. Si~ere ly f, ¥_ '~Richard J. Cron R JCl j f Enclosures CASE NO.: ../..?..V. ...... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR ACHANGE, MODIFICATION OR AMENDMENT OF TIlE BUILDING ZONE ORDI- NANCE OF TIlE TOWN OF SOUTIIOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I .... I~RTIN FILLA ,residing at lViattituck' (insert name of petitioner) Suffolk County, New York, tbe undersigned, am the owner of certain real property situated at ....g..a~..~..G.B.~..c.h. ggu..e' ................ and more particularly bounded and described as follows: BEGINNING at a point on the easterly line of Eugene's Road at the southerly corner of land now or formerly of Glover and running thence along said land now or formerly of Glover and land of Abatelli~ the following six (6) courses and dis- tances: 1. North 42° 12' 00" East 185.47 feet; 2. North 50° 34' 00" West 121.00 feet; 3. North 43° 44' 40" East 131.22 feet; 4. South 68° 15' 00" East 220.48 feet; 5. South 26° Il' 50" West 331.63 feet; 6. North 68° 42' 40" West 193.44 feet. 2. I do hereby petition the Town Board of the Toxw~ 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 thereo~, as follows: To amend the zoning restrictions of the above-described parcel with respect to that portion which is in a "B" business zone to a "B-2" zone and the remaining part from an '~" Residential & Agri- cultural District to a "B-2" Business Zone District pursuant to the provisions of the Building Zone Ordinance of the Town of Southold. 3. Such request is made for the following reasons: It is to be noted that the subject premises has frontage both on Route 25 and Eugene's Road. The frontage on the Main Road is 131.22 feet and on Eugene's Road 193.44 feet, of which 70 feet, more or less, of the parcel is already zoned "B" Business. In order to secure a more uniform and comprehensive business zone use area, it is respectfully requested that the premises above described be zoned to a uniform "B-2" Business Zone use. It is clear that in the light of the surrounding use areas that the subject parcel is not suitable for residential development. In this connection, the por- tion of the premises fronting on Eugends Road is bounded by a gasoline station and real estate office. That portion on the Main 3. Such request is made for the following reasons: Continued- Road has on its one boundary the same real estate office. An examina- tion of the other side of Eugene's Road will indicate a "B" zone use district existing, and when one examines the area north of the Main Road adjoining Cox's Lane, it is readily evident that business zone use districts exist on each side of said Cox's Lane on the northerly side of the Main Road. The tenor of the entire intersection surround- ing the premises in question is of a business nature. The rezoning of the subject parcel would create a light business area at the intersection of the 1~ ain Road and Eugene's Road, and would in no way be detrimental to the owners of adjacent surrounding properties. As heretofore indicated, the subject parcel due to its irregular condition and the business tenor of the surrounding area renders the property completely unsuitable for residential develop- ment purposes. XaK~M~f~Q~F~LY~~~ Martin Filla STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) MARTIN FILLA BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that lie has read the foregoing Petition and knoxvs the contents thereof; tbat the same is true to bis (tier) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters lie believes it to be true. (I,. S,) ~ .~i.. / Mart~n Fzlla S~vorn to before me this ......day of....l~.e..b.r..u.a..r,y. ......... 19.7.1.. Notary Public. C t3 T C H C~ g (.,I E