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Lizewski, Joseph J. - No Action
CHANGE OF 7OIIE AP'}' ICATION #~-'~'~{-~ Hearin_~ was called to order at 7:~0 p.m. bl,.- Supervisor Martocchia. Co~cilman Homart read the legal notice. Pursuant to Section 26~ of the To~ Law and Requirements of the Building Zone Ordinance olTM the To%.n~ of Soumhold, Co~:y, New York, public hearing will be held by the Southol,l To~ Board in the Office of the Supervisor, 16 South ~ ~,tree%, Greenport, New 'York, in said To~m, on the 28th day ~.[' January, 1975, on the I'oilowing pFoposal ro amend the Building OPdin. ance (including the Building Zone Maps) of the Tov.m Souzbold, S,lfffol!i Co~ty, New York. 7:50 p.m. (E .... T.) by chasing from "A" Resident:ia! Agrioul~ural District to "B" Light Business Distri.t:z the property of Joseph J. Lizewski situated at Cutchogu~, Southold, Suffolk County, New York, and rnore particularly bonded a~d described as follows: BEGINNING at a corner formed by t!%e intersectien of north~.zesterly line of Main Street (New York State Route ~15), with the northeasterly line of Depot Lane; thence North 3~' Wesm along the northeasterly aide of Depot Lane, feet to land now or formerly off Bialecki; thence along lan,a now or formerly of Bialecki the follow, ins two courses distances: (1} North ~8° 27' East, el.70 fee~; (2) South 20' East, 207.40 i'eet to the l~ort!~westePly side of The I-lain Road; thence South 29© 27' Wes~ along the norzhwesteriv side of the Main Road 114.73 feet to the point or plaoe of leginr;ir~g. Any person desiring to be heard on she above proposed amendment should appear at the time and place so speci~fied. Dated: January 2, 1975 BY ORDER OE THE SOUTHOLD 'f0~'ff~ BO~D ALB~T W. RIC~,~0ND, TO'.~ CLERK AfYidavits of publication were presented from the Long Island Traveler-Mattituck Watchman and the Sui'folk Weekly Times. Prooi' of posting on the bulletin board was pr'esente.t~ signed by the Tovm Clerk. The following letter from the Sufffolk Co~tty Department off Pla~ing dated October 29, 1974 was read: _~ePi'ih~r, tied. ,ies,3Ftpsion of ,he [}F,),,.~FS]F ~2'. r~.,vh: I am RickaFd Lark, E~ltorzn+l, top ch, pet!l of E.~po,~ Lan,a arid the ~,Iah Roa, i in , Llt2ho=.l.e. (.Ne re,iii;l,- ,Jffi2e an,! a fr~it l'aFm a'rid ps~'t ,r,F {ne anplica%ion mere i~; from Hr' :. Biaiecki Sit, ins hep i:onsen". ocher eot'net where there is a ;Shell Seal,on ~iave f~id tiH) ov~er across Nit stPees of tile Flee~ PFOp~=F~_, Fleets, jives her consen%. We fei~ ~hey v, oul~[ be went OVer his plan of what he pPopohed to do. br. Lixewski is a pPectJ cinS der~.:ist in Ciit.?ko:i'u.~ use fkr%her north o~ Depou LaNe. }{e is g'ene~al fien~istry oi'fice on the maih floor atiC ,2o~ivez' tlDs~airs to an aparz:men~. The layout shows a sli~Rt on ~!~e P6ap. Yle needs erou~d one Fublic Hearing -4- Jar ,tv 2 ', _"'~ ~ }~F{niise.; with tizeexk-~'~h~-,i',~ _, ~onin~ but },2 '..~o.i,. ~ ~._v;~ ~, 1~ , de~i,Xed 1% &.~ not ~ood for hi:; small c~il,iF~n, li~c ~r'~lYl,i ~,ro~l~}!i! hL~z cPe~l~ed S,DIhOW}L~i~ ',lJ a pro~_~ i for ,'2m Ne.~i '~.', t~e disDos~il area. 0zl Sundays the ~" n" ' '.!IQ rloFneF. 'f!l~ TO'.-/Li [las L,n au:sci! I.'~P5 poiiesl:;n i Co ~ ,Lcd' '. r:" t,: Let out on the [,['~il! 23.?.,J. Te ~a.i ,l'.r'c<zZ'Z.t ', " ' r TheP~ i~; an aFe~ iii the kack th~ is 5~/oc!la,Jci ._}.. ~;L~. chi!drer~ se% older i~ won'T be ~ood. It J.: !'eLl ~elx ~har his appiiaasion i'OF !i~j u .~'_is1]16ss ~o 2oh'.EPi SO a pPofeisio~!a! office will be__i ,z',~n,?cl'u '.-,~, _: ~ ..... .: · ~,, ' ' dohe for' the ~ov,~i by the planrieFs end also Che p,?,rAtr of the Planmihg Commission. it viii k !loY ];,e ,?,J,I[EL,PPO[',[. havinG liglz~ business~ it will %ct ~.c sort or a ~L~ff Eo the reside~tial prop,armies %0 thc eest on the ,~or.., Of ~ne P~ain Road. If the property wKs ever iispo:}ed is !'t~rtLier limited ~der our ~ light b~siness es be done there and this would be a temperi~!j,, elze,~ '~ ' hea~/ b~siness to the residential pPopertie~, o~1 tke The bk~iidinS ,9i~ khe nFoper~y will essentially Fe:nnzn with a one floor adeitiori o~l {t:e rear of the pPe?ez!r , ;..ii,'.~z.. Another plus if the zoning is g'ranLed, DP. Lize~.~s!{i prat iL[ sff-stree~ parki~ls[ as '~oN see .sketched rzow. t~ere is none provided ther~ but he doeszl't mai~)~ai~ office there now. I think ti~e parkihS is adequace f~,r a Public He re3o,lml?~dation of appropriate huffel'~:iS sires i~_e tha.. nzey might not have seeu the pFopert? o:~l], existi~:S seve~tee~l fee% o,' side 5'aFd. There ft,w years. 1 respectfu!lM swbmi~ ir~lt the wish so ask any %destioh= or 1)~,. hilewsk~ or NF. The huarin6 tlosed. 'Phc fol!owinS le~zers fz-,~n, e!., l'eqr propez{? we!.e reques~e,2 to be placed ltl cra-' ~ f~l!_l=se~' ' r,v ~L'"~ ,i,,(, De~r HF. Nsrtocch~a ehd Nember's of i~:e Bo~tF!: Nalh Roe.i, Cu,.chogue, Ne~.. YoPP~, w!~i. uh !.~ ~LC [[oE~h Of ~r. Y.DseD[i hizewshi's DP. Liz,rwski ilas SLoh%l ~lg hie }.ll~ s fop to his reouest fop a change of zor~e -'Porn "A-Resi[en~al" "B-Light Business." /s/ Kathuin{~ Sialecki (Exhibit Dear Mr. NaF~occhia and ~,~ember,3 or !he As proprietor of %he Snell Station on the oaPn~p of Depot Lane and the Main koad~ Cutohogue, N2~'! I have reviewed Dr. LizewsKi's plans for converting inSo e professional office aha apartment. i think it will be a welcome assez to the Therefore, I t~ave no objection to his request for of zone from "A-Residential" to "B-Light Business." /s/ Robert ~{ull (E~ibit ~b) · ' ':.:J :io,' of local de%ermi~la~ion :31~,ocll([ ~lo~ be · _ [.%Ret- all approval or a disapp/'ova[. J..; a vraxsitional use ill limi. l:iNS zhe po.s:i'i[,!,~, Also appropriate i_,ufferln~' :hou!_[ xkroujhou% the easterll/ boL~ndaPy of %he prev,ise:_. · 'he rollowins letter [o Richard L~,rk, hsq. OOZOL,,~i' il', 197~ was read: D,P:~z' Nr. Lark: h=. fo!lowiz~g- action was zaken b? the ~,'~uN:ol,~ Nr. [.[ajnoF cbeired ~h.s mee~inS for ~he z'o!louLh.' 01i 3io[io~1 ~ade bp i.[Jf. ~',ric[lham, seconded .i~SOLVED %o Feco~[~loh,g ltppPs:'a~ o~' the u~,p!!.:a~ Jose;i d. Lixcwski FeqLle.otiil~ia. ch~ ,s_ ,J!' ._.~_~,, .~ o~1 c.-P;. 'Nil.3 - ' ' ' i.; pPimaFi]y business and, in e~._l~_~zl, :N,_: Pll~hqli!.; in fn';or of maintaining' or ret~iriini[ i?,lsiness in of Yhe %ovsis. I[ has also received %:~c full .suppoFt iiei Ehborins residezies. VOee Of the Boerd: Ayes: Wickham, Naynor, fJoyle J~:Gb~. [.[~. Hoisa was r!bsent. This applica'cion has been r',s. ferr~-,_t to :he P]_~nning .... ' /s/ f.furie! Br'u2t, Se::Fd Eqr':, SOLtO'ZiO'!O ':'o:'r,~ Pka::~i:~6 Bo:t:': Supervisor: You have t.eard the r'eaein.': or th: notice Pu},lic HearZn,l -L~- JuhuaFy 2~, i ~, LEGAL NOTICE OF }fEARING ON PF-OPOSAL TO AMEND ZONING ORDINAh~CE the J3uilding Zone Oz'~/inance oF the Town of FoutheJd, Coun,_]-, New York, public hearing will be held b.' thc Town Boarcl in the Office of tl~e Su[.,orvlsor, 16 Greenporn, N~w York, in said Town, on the 28th 1975, on the following proposn.[ to amend tnu~ to Section 265 of the Town Law and ',,~'~r,~'~,_,r~f- Ordiu.~nce (including the Building Zone I~iaLs) of th~, lew~ c'~ Southoldl Suffolk County, New York. 7:30 P.M. (E.S.T.) by chan¢[i~ from "A" f~esi'.[enti Agric~ltural District to "S" Ligl~t Buszness Distr~c'~ t!~ ! ~- of Jos..~-oh J. Lizewski situated at Cutchogue, Tu. wn ot Suffolk County, [,few York, and more particularly bo~u~/._~d described as follows: BEGINHING at th~ corner formed bv thc in~,_r~.~cuz~u cl t.~ nort]~westerly line of Main Street (New York Suau,= kz~[~ ~25) . with the northeasterly line of Depot Lane; tllence .~.3r=h 4! 33' West along the northeasterly side of Depot L~-%n,., 23[-'.70 feet to land now or formerly of Bialecki; thence ~!'.n~ or fozmerly of Bialecki the fo]_lcwing two courses and distant. (I) [lorth 48° 27' East, 41.70 feet; (2] South 60° 2,.' Last; 207.40 feet to the northwesterly side of the Main ~oaJ; South 29° 27' West along the northwesterly side of ~hu Math 114.5'3 feet to the point or place of beginning. Any person desiring to be heard on the above proposed zu~enc~nent should appear a~ the time and plac~ so specifiu.~. DATE[): January 2, 1975 BY ORDER OF THE SOUTHOLD TO%'~N B~SAi~.b ALBERT W. RICHMOND, TOWN CLERK PLEASE PUBLISH-~ jb~-,~-.~, i~ JANUARY 16, 1975, A[~D FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE ~OUTHOLD CLER/<, MAIN ROAD, SOUTHOLD, NEW 'YORK. Copies mail.id to Lhe following on January' 2, 1975: Suffolk Weekly Times Lonq [~iand T~:aVeler-Mattituck Watc[tman Su.pel?visor Albert M. Martocchia Joseph J. Lizcwski ~/~e~-~m ~-~, ~ County neoartme£t or ?lannin-_ Vetera,s '[emoria! Hau'~pau~.e. Ue~.' York 1i7q7 ,nctober 20, ].~)7n Tokrn of Souchold Town Clerk Petitioner: Iosepl~ LizewskJ File ~.: #226 S.C.P.9. Fil.~; .'~o.: 3D-74-12 Zoning Action: C/Z "A" Res. & Ay-~ "_~" Light Bus. Pursuant to the requlrer~nts of C, ec~ions 132~ to 1~32 of tho County Charter. the above capti-,ne.~ ap~Ji£ation which has been ferred to the Suffolk County P13nnin~ Cc~,nission is cousidere.'~ t~' be a ~atter for local ~eter-~ination. T'ae !ecision of local ,~c~r- m/natinn should not be con£trued as either sn approval or a Comments: Premises should be restrictad f,_,-' t,ffice p~:cposes ns transitional use in llmitin% the possible uuv. arrantcd uation of strip commercial developutent alon~: Rte. )5_ .\lso, appro- priate ~ufferin,~ should be considared thr,,ughout the easterl of the ~remises. Respectfully yours, Lee P. Koppelman Director of Plannit? by October 17, 1974 Southold Town Board 16 South Gre~port, Ne~ York 11944 At a regular meeting of the $outhold Town Planning Board held October ~, 1974, the following action was taken. ~. ~ymor chaired the meeting for the following resolution. On motion made by Mr. Wlckham, aecon~led by Mr. Grebe, it was RESOLVED to recommend approval of the application of Joseph J. Llzewski requesting a change of zone on ce~taAn props,,t~ sleeted at Cu~chogue, New York, from "A" Residential and Agricult~A~l District to "B" Light Business District. This reco-..endmtion is made based on the fact that this area is primarily business and, in general, the Plal~nlngBoard is in favor of maintaining or retair~tng business Lu the centers of the towns. It has also received the full support of ~xe neighboring residents. Vote of tt.e Board: Ayes: Wick. ham, Raymor, Coyle ~d Grebe. ~,~. Moisa w~s absent. Yours truly, Muriel Brush. Secretary Southold Town Planning Board Mr. John Wickham, Chairman Southold Town Plannincj Scard Southold, New York 11~, 1 Dear Mr. Wickham: The original application of Josepk J. Lizewsk~ requesting a change of zone on certain at Cutchogue, New York, freer. "A" Residenti~.l a~]d Agricultura£ District to ".~" Light Business Districu is in the files in the ozfice of the Plannzng Boa~_ You are instructed to prepare an official re;,orz defini~.g tne conditiohs c~r_'scrib~ in the peti~_~OrL and determine the area so affected with the recomnenda~on of your Bo~trd. Veri,' truly y~)ur?, A}oer[ W. RicJ,~r:nd Town Clerk WlCKHAM & LARK~ htr. Albe£L i';. Town Ct'rk Town o~' Main Southold, i, ew York Petition of JOSEPH J. for Change of Zone Ric hlaoIld: in connectLon with the above-captioned m.'it,, ~ , I am enclosing si:.: (6) copies of the P~tiuion wi~h Exhibits 1 through 4 (¢;~. Also enclosed is Dr. L~zc,.;sk[ s check to the order of [hc Town or Southold [n thc of $100.00 whfch represoz~ts the filing fee. Would you kindly process this Petition with appropriate municipal agencies. Very C uly '¢.)urs,_ ~ichard ~ .Pbark RFL:jgm Encs. CASF NO: O-~-- ~ STATE OF NEW YORK PETITION TOIVN OF SOUTHOLD IN THE I~IATTER OF THE PETITION OF FOR A CIIA~N-GE, I~iODIFICATION OR AI~IENDMEN'T OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. JOSEPH J. LIZEWSKI TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, . ......... ~..E.~..H....~'.~....~.~.t~.~ .......... residing at .~.a...i..n......R..o...a..d..~..._.C...u_~.c...h~.L3.e..t... lq. Y. (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ..~.~.~.c...h.~.~.~!...~...Y..~k.! ......... and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northwesterly line of Main Street (New York State Route #25), with the Northeasterly line of Depot Lane; thence North 41~ 33' West along the Northeasterly side of Depot Lane, 233.70 feet to land now or formerly of Bialecki; thence along land now or formerly of Bialecki the following two courses and distances: (1) North 48~ 27' East, 41.70 feet; (2) South 60° 20' East, 207.40 feet to the Northwesterly side of the Main Road; thence South 29" 27' West along the Northwesterly side of the Main Road 114.73 feet to the point or place of beginning. 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 Southo]d, Suffolk County, New York, including the t~uilding Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District to "B" Light Business District. 3. Such request is made for the following reasons: Your petitioner is presently residing at the premises for which a change of zone is being requested. It is your petitioner's intention to move from the premises due to the fact that the heavy traffic conditions on Depot Lane and Main Road (State RDute 25) make this an extremely hazardous area in which to raise petitioner's small children. It is your petitioner's plan, if the rezoning is approved, to move his dental office to these premises from its present location on Depot Lane. In order to do this, your petitioner will have to make extensive renovations to the interior of the premises, and add a 1-story addition on the northerly side as shown on Exhibit 3. The upstairs of the existing building will be utilized as an apartment. Your petitioner will also install a parking lot on the westerly portion of the property to accomodate patients and the tenants of the apartment. The property is bounded on the North and East by land of Kathrina Bialecki. The property immediately adjacent on the East is used during the summer months as a sales stand for vegetable plants and flowers. The parcel is bounded on the South by Main Road (State Route 25). Across the Main Road there is located a residence and a real estate office. On the West the property is bounded by Depot Lane, and immediately across the highway is located a Shell Oil service station, a small residence, and the Depot Lane Elementary School. Your petitioner has discussed the proposed change of zone and use of the premises as a professional office building and apartment with the owners of the neighboring properties, and they have no objection to the proposed change of zone as seen by the letters to the Southold Town Board attached hereto as Exhibit 4 (a, b, & c). It is your petitioner's belief that the parcel is well-suited for light business use because of its location, and will not cause any traffic problems because all park- ing will be offstreet on the premises, and that this change of zone would be consistent with the Master Development Plan previously prepared by the Southold Town Planning Board. EXHIBIT 1 - Map to Accompany Application for Change of Zone at Cutchogue, Town of Southold, N. Y. EXHIBIT 2 - Excerpt of Zoning Map of the Town of Southold showing surrounding areas. EXHIBIT 3 - Sketch of premises to be rezoned showing addition to existing structure and offstreet parking area. EXHIBIT 4 - Letters of approval from neighboring landowners. (a, b, & c) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) JOSEPH J. LIZEWSKI BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his ~ 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.) Sworn to before me Notar7 Public. '~,T oc~l.J I ,/ iiVickham creek April 14, ~r. Albert ~artoochia, Supervisor Town Board Town of Southold Greenport, New York 11944 De.~r ~r.Liartocchia and ~embers of the Board, I am the owner of the property on the North side of the k~ain Road, Cutchogue, New York, which is immediately East and North of Dr. Joseph Lizewski's property. Dr. Lizewski has shown me his plans for converting his house to an office and apartment, and I have no objection to his request for a change of zone from "A-Residential" to "B-~ight Business." Yours truly, Kathrina Bialecki April 22,1974 5ir. Albert 5[artocchia, Supervisor Southold Town Board 16 South Street Greenport, New York Dear :~r. Martocchia and Members of the Board; As proprietor of the Shell Station on the Northwest corner of Depot Lane and the lo. in Road, Cutchogue, New York, I have reviewed Dr. Lizewski's plans for converting his hoae into a professional office and apartment. I think it will be a welcome asset to the c0~unity. Therefore, I have no objection to his request for a change of zone from "A-Residential" to "B-Light Business." Sincerely, Robert Kull August 12, 1974. Mr. Albert Martocchia, Supervisor Town Board Town of Southold 16 South Street Greenport, New York 11944 Dear Mr. Martocchia and Members of the Board: I am the owner of property on the South side of Main Road, Cutchogue, New York, which is directly opposite the premises owned by Dr. Joseph Lizewski. I have looked over Dr. Lizewski's plans to change his house into a professional office building and apartment. I have no objection to his requesting the Town Board for a change of zone from "A-Residential" to "B-Light Business." Yours very truly, Evelyn Fleet CHANGE ~F ZONE APPLICATION #226 Hearing was called to order at 7:30 p.m. by Supervisor Martocchia. Councilman Homan read the legal notice. Pursuant to Section 265 of the Town Law and Requirements of the Building Zone Ordinance of the Town of Southold, Suffolk Co~uuty, New York, public hearing will be held by the Southold Tov~n Board in the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town, on the 28th day of January, 1975, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7:30 p.m. (E.S.T.) by changing from "A" Residential and Agricultural District to "B" Light Business District the property of Joseph J. Lizewski situated at Cutchogue, Tew~ of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a corner formed by the intersection of the northwesterly line of Main Street (New York State Route #25), with the northeasterly line of Depot Lane; thence North 41° 33' West along the northeasterly side of Depot Lane, 233.70 feet to land now or formerly of Bialecki; thence along land now or formerly of Bialecki the following two courses and distances: (1) North ~8° 27' East, 41.70 feet; (2) South 60° 20' East, 207.40 feet to th~ northwesterly side of the Main Road; thence South 29° 27' West along the northwesterly side of the Main Road 114.73 feet to the point or place of beginning. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. Dated: January 2, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND, TOWN CLERK Affidavits of publication were presented from the Long Island TraYeler-Mattituck Watchman and the Suffolk Weekly Times. Proof of posting on the bulletin board was presented signed by the Town Clerk. The following letter from the SuFfolk County Department of Planning dated October 29, 1974 was read: Public H~ ~ing -2- January 28, 1975 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 a disapproval. Comments: Premises should be restricted for office purposes as a transitional use in limiting the possible unwarranted further perpetuation of strip commercial development along Rte. 25. Also, appropriate buffering should be considered throughout the easterly boundary of the premises. /s/ Gerald G. Newman, Chief Planner The following letter to Richard Lark, Esq. dated October 17, 1974 was read: Dear Mr. Lark: The following action was taken by the Southold Town Planning Board at a regular meeting held October 7, 1974. Mr. Raynor chaired the meeting for the following resolution: On motion made by Mr. Wickham, seconded by Mr. Grebe, it was RESOL1FED to recommend approval of the application of Joseph J. Lizewski requesting a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "B" Light Business District. This recommendation is made based on the fact that this area is primarily business and, in general, the Planning Board is in favor of maintaining or retaining business in the centers of the towns. It has also received the full support of the neighboring residents. Vote of the Board: Ayes: Wickham, Rap-nor, Coyle and Grebe. Mr. Moisa was absent. This application has been referred to the Suffolk County Planning Commission for their recommendation and comments. /s/ Muriel Brush, Secretary Southold Town Planning Board Supervisor: You have heard the reading of the notice for the Public R~ .'ing -3- January 28, 1975 hearing, the description of the property in question, the change of zoning that is being asked for, the legal posting in the proper papers , the recommendation of the Suffolk Co~u~ty Planning Board leaving it to local determination with some recommendations as to the use of it including a buffer zone to the east, the position of the Southold Town Planning Board in favor of it. Is there anyone who would like to speak in favor of granting this application? Mr. Lark: I am Richard Lark, attorney for the petitioner. Dr. Lizewski presently resides in the premises on the corner of Depot Lane and the Main Road in Cutchogue. (He showed a drawing ~~~g~Y~) In front of you is a map taken from four tax maps which surround the property. The red is all presently zoned B-1 which is heavy business use. The orange property across from the Courthouse has a realty office and a fruit farm and a residence is B light business and the remainder of the property around it across the street belonging to Mrs. Fleet is in the Fleet Estate now. The property east is ov~ned by Mrs. Bialecki and the other is owned by the School District. That gives you the layout of the surrounding area. Before Dr. Lizewski made his applica- tion for the change of zone he contacted his neighbors to see if they would have any objection to his request for the purpose of relocating a dental office and an apartment. As part of the application there is a letter dated April 14, 1974 from Mrs. Bialecki giving her consent. Mr. Kull who ovals the Other corner where there is a Shell Station gave his consent and the owner across the street of the Fleet Property, Mrs. Fleet, gives her consent. We felt they would be affected and went over his plan of what he proposed to do. As I stated, Dr. Lizewski is a practicing dentist in Cutchogue and has an office where it is residential but there is a non-conforming use further north on Depot Lane. He is presently studying orthodonture and his plans are to install an orthodonture and general dentistry office on the main floor and convert the upstairs to an apartment. The layout shows a slight addition on the rear. He needs around one thousand square feet. The Public Ha~ img -&- January 28, 1975 location is ideal for a professional office as it is centrally located. Dr. Lizewski could operate a dental office using the premises with the existing zoning but he would have to live there and this has presented a problem for him and he has decided it is not good for his small children. The traffic problem has created somewhat of a problem for him. Besides, the present building doesn't lay out. He would have to add a slight addition as proposed. The most important reason that he wants to move from the premises and relocate his residence elsewhere is because it really is a business area and because the traffic is tremendous. When you look at the overall map Depot Lane is a primary route north to the dual highway or the disposal area. On Sundays the traffic is quite heavy on the corner. The Tow~ has an a~xillary policeman to direct traffic. During the summer there is enough traffic to warrant a traffic light because you can wait a considerable time to get out on the Main Road. It has created a problem. There is an area in the back that is stockaded now but as the children get older it won't be good. It is felt the area is business because of the service station and the traffic generated. There is the court and the 7-11 store. It is felt that his application for light business to convert it to a professional office will be in concert with the studies done for the town by the planners and also the recommendation of the Planning Commission. It will not be commercial. By having light business, it will act as sort of a buffer zone to the residential properties to the east on the north side o£ the Main Road. If the property was ever disposed of it is further limited under our B light business as to what can be done there and this would be a tempering affect from the heavy business to the residential properties on the east. The building on the property will essentially remain the same with a one floor addition on the rear of the present building. Another plus if the zoning is granted, Dr. Lizewski plans to put in off-street parking as you see sketched now.. Presently there is none provided there but he doesn't maintain his office there now. I think the parking is adequate for a Public Ha~ lng -5- January 28, 1975 professional or dental office there and that would tend to improve the situation. The County Planning Commission's recommendation of appropriate buffering gives me the impression that they might not have seen the property because there is only existing seventeen feet of side yard. There is presently some privet hedges and a stockade fence. It is submitted that there is adequate landscaping and fencing there now. Dr. Lizewski is here if you want to ask him anything about the property. He would be willing to answer. Before zoning was thought of in the Town that property was business, an old millinery store and boarding house and bar going back quite a few years. I respectfully submit that the application warrants your earnest consideration in granting favorable approval. Supervisor: Does anyone else wish to speak in favor of granting this application? Is there anyone in opposition? Does anyone wish to ask any questions of Dr. Lizewski or Mr. Lark? As there is no one else wishing to speak, I will now declare the hearing closed. The following letters from adjacent property owners were requested to be placed in the minutes by Councilman Homan. Dear M~. Martocchia and Members of the Board: I am the owner of the property on the North side of the Main Road, Cutchogue, New York, which is immediately East and North of Dr. Joseph Lizewski's property. Dr. Lizewski has shown me his plans for converting his house to an office and apartment, and I have no objection to his request for a change of zone from "A-Residential" to "B-Light Business." /s/ Kathrina Bialecki (Exhibit Dear Mr. Martocchia and Members of the Board: As proprietor of the Shell Station on the Northwest corner of Depot Lane and the Main Road, Cutchogue, New York, I have reviewed Dr. Lizewski's plans for converting his home into a professional office and apartment. I think it will be a welcome asset to the community. Therefore, I have no objection to his request for a change of zone from "A-Residential" to "B-Light Business." /s/ Robert Kull (E~hibit 4b) Public H~_ lng -6- January 28, 1975 Dear Mr. Martocchia and Members of the Board: I am the owner of property on the South side of Main Road, Cutchogue, New York, which is directly opposite the premises owned by Dr. Joseph Lizewski. I have looked over Dr. Lizewski's plans to change his house into a professional office building and apartment. I have no objection to his requesting the Town Board for a change of zone from "A-Residential" to "B-Light Business." /s/ Evelyn Fleet (Exhibit 4c) Present at this public hearing were Supervisor Martocchia, Councilman James Homart, Councilman James Rich, Justice Martin Suter and Justice Louis Demarest. Respectfully submitted, M~ui~l Brush, Secretary STATE OF L~EW YORK: COUNTY OF SUFFOLK: Southold, New York, age of 1975 SS: ALBERT W. being duly sworn, twenty-one ~'ears; that on the he affixed a notice of which RICHMOND, of Soutbold, Town says that he is over 20th day of January the anne:<ed printed no~· '~ York, to wit:- Legal Notice _ Public Hearing 7:30 P.M.- January 28, 1975 - Joseph J. Lizewski change of zone hearing Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I.,N.Y. Sworn to before me this 20th day of January /Albert %'~. Rfc~mond, Town, 19 75 ary Public public place in the Town of Southold, Suffolk County, N~.%~. is a true copy, in a proper and substantial manner, LEGAL No'r(CE NOTICE OF HEARING ON PROPOSAL'lO AMEND · Pursuant to Sectid~ ~5 of the Town Mw and Beq~men~ o! the B~]dinf Zone~ce of the Town 'of Soutt~_., Couuty, New Yell public hearil~ will be h~ by [he Southold Town Bo; bt the Office o! the Superv~ 15 South Street, Greenimrt, N~ York, bt sa~d Town, ou the ] h day of January, 1975, en th pr~al to smend q .b Bu~dins Zone Ordinance (i~ ~dlna the of Soo~hold, ~ ~mty, New York. from "A"'~l~sldentlal and Agriculture] District to 'B" LtEht B~mineos District the pn)i~rty of Je~eph J. LIzewsld situated at Cutcb28ue, Town of York, and more particofar]y bounded and described as follows: BEGINN~IG ut the corner formed by the lntm-~ectino of the northwmtewly fine of Main Street (New York SLate Route No. 25), with the northmsterly line of ~ Lmae; th~ North 41 de~rees 33' West alou~ the nor- theaster]y side of Depot Lane, 233//0 feet th .land now or for- me~-ly of Biole~,i; thence along land now or formerly of BialeckJ the foJlowto~ two courses and distances; (D North 4~ desrees 27' Eof~, a_l.70 feet; (2) South 60 de~reel 20~ East; 207.40 feet to the northweerm'ly side of desrees 27' West alonl the nor- thwesterly side of the Mai~ l~ad 114.73 feet to the point or pbtce of bt~_~nnin~o. heard ~m the above proposed mnendment should apl~ar st the thne and place so specifi~. DATED: January S, 1~75 .BY ORDER OF TH~ ALBERT W. RI~r~OND, TOWN CLERK GOUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ .S. ,t-~a.. ,r.t...C.....Dg.r~a_. $1 .......... being duly Sworn. he says that ....... is Printer =nd Publisher of the SUFFOLK W~EKLY TIMES, a newspopez pubi/shed =t Oreenport, in ~aid county; and that the notice, o! which the ~nnexed is = printed copy, has been published in the s~id Suffolk Weekly Times ~nce in each week, for ..... O~e. ,(.1 ) ............. weeks successively commencing on Ute Sixteenl:h day of . ,, J, an~tar¥,~. ~ ~...~. ~. i9...75 ..... / ............... (...// ~' ~Or,O,.,¥ FUBLiC OF NEW LEGAL NOTICE NOTICE OF HEARING C PROPOSAL TO AMEND ZONING O~.DINANCE Pursuant' to SO~on 265 of the Town Law and ~4~_~irements of the Building ZanY'Ordinance of ~he Town of South61d, 'Suffolk County, New York, public he~ring will be held by the Sou ..t~.~own Board in the Office O~cr- visor, 16 South StreW,. Green- port, New York, in ~n, on the 28th desd~l~'/5, on the folloW'amend the Building'Zdn~ (~l~lhce (in- cluding the Bu~flding~Z/me Maps) of the Town of Southold, Suffolk County, New .York. COUNTY OF SUFFOLK ~ ss: STATE OF NEw YORK t 7:30 P.M. (E.S.T.) by ch~inff ~om "A" Residential and .4~ri- successively, commencing on the . . //...~. ................ ~tural District to "B" ~t (New Y~ S[~JZ~ Sworn to before me this ........ Z..~ ....... day of the no~e~t~ ~ alon~ th ~Jy s~ the~ a~Ohg land no~[~erly ~o 27',~ 41:~0 f~t; 12) ~uth Ro~;~n~ ~ ~ 2T' West Any ~' desi~ to be ,, hea~ o~:~a~ men~oned amendmenf s~aid ~pear at the time aad pla~ ~ed. Dated: Jaaua~ BY ORDER OFf. HOLD . ~WN BOARD ALBERT W. RICHMOND,-: - , TOWN CLER~L Sherley Katz, being duly sworn, says that she is on Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watchman once each week for ................. i~'..,,',C..e_~ ....... r:./..Z../. ........... week~ I~EGAL NOTICE NOTICE OF HEA~XNG ON P~OPO~AL TO AJ4ENO ZONING ORDINANCE ~ur~uant to 5action 265 of the Town I~aw &n~ Requirements of the 3uilding Zone Ordinance o£ the Town of Southold, Suffolk County, Hew York, public hearing will be held by the Southold Town Board in the office of the Supervisor, 16 South Street, Greenport, New York, in saia Town, on the 28th day of January, 1975, on the following proposal to amend the ~uilding Zone Ordinance (including the Building Zone maps) of ~he Town of Southold, Suffolk County, NeW York. 7:30 P.k:. (E.$.T.) by changing from "A" Residential and Agricultural 0istrict to ~B' Light Business District the property of Joseph J. Lizeweki situated at Cutchogue, To~ of Southold, SuffOlk County, New York, and more particularly bounded and described as followe~ BEGINNING at the corner formed by the intersection of the northwesterly line of Main Street (New York State Route ~25), with the northeasterly line of Depot Lanes thence North 41* 33" West along the northeasterly side of Depot Lane, 233.70 feet to land now or formerly of Bialeck~ thence along land now or formerly of Bialscki the ~ollowing two ~ourses and distances; (1) t~orth 48~ 27" East, 41.70 feet} (2) South 60= 10' East} 207.40 ~eet to the northwesterly side of the ~ain ~oad} thence South 29' 27" West along the n~rthwesterly side of the Main Road 114.73 feet to the point or place of beginning. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. DATED: January 2, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. R~CH~4OND, TO~N CLERK PLEASE PUBLISH ~, ~- _ ~ ~r- . JANUARY 16, 1975, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TO;iN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the £ollow~ng on January 2, 1975: Suffolk Weekly TLmos LOng Island Traveler-Mattituck Watchman Supervisor Albert M. Martocch~a Joseph J. Lizewski Suffolk County Department of Plannin._ Veterans ~iemorial I'i~hway Hauppauge, IIew York ].1787 October 29, 1974 Town of Southold Town Clerk Petitioner: Joseph Lizewski File ~!o.: #226 S.C.P.D. File ~'!o.: SD-74-12 Zoning Action: C/Z "A" Res. & Agric. to "B" Light Bus. District Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application ~icll has been re- ferred to the Suffolk County Plannin~ Cor~iesio~ is considered to be a matter for local determination. ~e decision of local aeter- ~ination should no~t be constr~d ~s either an approval or a disapproval. Comments: Premises should be restricted for office purposes as a transitional use in limiting the possible unwarranted further perpet- uation of strip commercial development along Rte. 25. Also, appro- priate buffering should be considered throughout the easterly boundary of the premises. Respectfully yours, Lee F. Koppelman Director of PlauninF October 17, 1974 Richard Lark, Esq. Main Road Mattituck, New York 11952 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board at a regular meeting held October 7, 1974. Mr. Raynor chaired the meeting for the following resolution. On motion made by Mr. Wickham, seconded by Mr. Grebe, was RESOLVED to recommend approval of the application of Joseph J. Lizewski requesting a change of zone on certain property situat~ at Cutchogue, New York, from "A" Residential and Agricultural District to "B" Light Business District. This recommendation is made based on the fact that this area is primarily business and, in general, the Planning Board is in favor of maintaining or retainin~ business in the centers ~f tho towns. It has also received ~e full ~uppor~ of the nel~hborin~ residents. Vote of t~ Board: Ayes: Wickh~m, R~or, Coyle and. qrebe. ~'~. Moisa ~ absent. This ~pplication has been referred to the Suffolk Counmy Planning Commission for their recommendation and comments. Yours truly, Muriel Brush, Secretary Southold Town Planning Board TOWN CLERK 765.3783 Building Dept_ I Planning Bd. 765-2660 Board of Appeels Town Of Southold TOWN CLERK'S OFF/CE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24-, of the Consolidated Laws. Article 12-B. Sections 239-1 and m, the . .J.l~J.J~ ~O~'~i~. . of the town oF Southold, N. Y. hereby refers the following (agency involved) proposed zoning action to the Suffolk County Planning Comm;ssion: [check one) New and recodified zoning ordinance Amendment to the zoning ordinance Zoning changes Special permits · Variances w~th~n 500 {eet ~{~ Icheck one or moreI Town or village boundary line · State road, State or coun,y park or recreation area Stream. or drainage channel owned by the county or for which the county has established channel fines .. SfaFe or county owned parcel on which a public building ;s situated Title Date received by Suffolk County Planning Commission File No. Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickharn, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle October 17, 1974 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: At a regular meeting of the Southold Town Planning Board held October ?, 1974, the following action was taken. Mr. Ray-nor chaired the meeting for the following resolution. On motion made by NLr. Wickham, seconded by Mr. Grebe, it was RESOLVED to recommend approval of the application of Joseph J. Lizewski requesting a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "B" Light Business District. This recommendation is made based on the fact that this area is primarily business and, in general, the Planning Board is in favor of maintaining or retaining business in the centers of the towns. It has also received the full support of the neighboring residents. Vote of the Board: Ayes: Wick_ham, Raynor, Coyle and Grebe. Mr. Moisa was absent. You_rs truly, Muriel Brush, Secretary Southold Town Planning Board OF'F -~'~K c;OIJTHOLD, L. I, N. Y. 11971 August 28, 1974 Mr. John Wickham, Chairman Southold Townq Planning Board Southold, New York 11971 Dear Mr. Wickham: The original application of Joseph J. Lizewski requesting a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "B" Light Business District is in the files in the office of the Planning Board. 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 truly yours, Albert W. Richmond Town Clerk WlCH~HAM & LARK~, MAI-TITUCK, LONG I~LAND August 16, 1974 ]~r. Albert W. Richmond Town C l~=rk Town oz Southold ~4ain Road Southold, i~ew York Re: Petition of JOSEPH J. LIZEWSKI for Change of Zone Dear Mr. Richmond: In connection with the above-captioned matter, I am enclosing six (6) copies of the Petition with Exhibits i through 4(c). Also enclosed is Dr. Lizewski's check to the order of the Town of $outhold in the amount of $100.00 which represents the filing fee. Would you kindly process this Petition with the appropriate municipal agencies. Very ~t~uly yours~ ~ ~ichard F./W~Lark RFL:jgm Encs. CASF ~40: ....'.~...'~...2~ ...... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLk COUNTY, NEW YORK. JOSEPH J. LIZEWSKI TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I ............ ~(~.]~?.~...q.,....~.]~K.~ ........... , residing at .~9.~...~P~.,....~.~J~.c.._h~.q.9.e..,.. N. Y. (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ..~.9.%~.9.~9!....~..¥.~.r ......... and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northwesterly line of Main Street (New York State Route ~25), with the Northeasterly line of Depot Lane; thence North 41° 33' West along the Northeasterly side of Depot Lane, 233.70 feet to land now or formerly of Bialecki; thence along land now or formerly of Bialecki the following two courses and distances: (1) North 48~ 27' East, 41.70 feet; (2) South 60° 20' East, 207.40 feet to the Northwesterly side of the Main Road; thence South 29° 27' West along the Northwesterly side of the Main Road 114.73 feet to the point or place of beginning. 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 ~he Building Zone Maps heretofore made a par[ thereof, as follows: From "A" Residential and Agricultural District to "B" Light Business District. 3. Such request is made for the following reasons: Your petitioner is presently residing at the premises for which a change of zone is being requested. It is your petitioner's intention to move from the premises due to the fact that the heavy traffic conditions on Depot Lane and Main Road (State Route 25) make this an extremely hazardous area in which to raise petitioner's small children. It is your petitioner's plan, if the rezoning is approved, to move his dental office to these premises from its present location on Depot Lane. In order to do this, your petitioner will have to make extensive renovations to the interior of the premises, and add a 1-story addition on the northerly side as shown on Exhibit 3. The upstairs of the existing building will be utilized as an apartment. Your petitioner will also install a parking lot on the westerly portion of the property to accomodate patients and the tenants of the apartment. The property is bounded on the North and East by land of Kathrina Bialecki. The property immediately adjacent on the East is used during the summer months as a sales stand for vegetable plants and flowers. The parcel is bounded on the South by Main Road (State Route 25). Across the Main Road there is located a residence and a real estate office. On the West the property is bounded by Depot Lane, and immediately across the highway is located a Shell Oil service station, a small residence, and the Depot Lane Elementary School. Your petitioner has discussed the proposed change of zone and use of the premises as a professional office building and apartment with the owners of the neighboring properties, and they have no objection to the proposed change of zone as seen by the letters to the Southold Town Board attached hereto as Exhibit 4 (a, b, & c). It is your petitioner's belief that the parcel is well-suited for light business use because of its location, and will not cause any traffic problems because all park- ing will be offstreet on the premises, and that this change of zone would be consistent with the Master Development Plan previously prepared by the Southold Town Planning Board. EXHIBIT 1 - Map to Accompany Application for Change of Zone at Cutchogue, Town of Southold, N. Y. EXHIBIT 2 - Excerpt of Zoning Map of the Town of Southold showing surrounding areas. EXHIBIT 3 - Sketch of premises to be rezoned showing addition to existing structure and offstreet parking area. EXHIBIT 4 - Letters of approval from neighboring landowners. (a, b, & c) fL. S.) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) .................... ff0.~.~.~...q.: ...~.~.~p~.I. ............... 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 NK~)c 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 te be true_ (L. S.) v Sworn to before me *his ..C:'.~ .-~ay of August , ']4 °27. Z- ~H,~J 0F [o~i.J I LIT~ I c ,/ II Wickhom creek April 14, 1~74 k:r. ~lbert i~artoechia, Supervisor Town Board Town of ~outhold ~reenport, ~ew York 11944 De~r LIr.l,iartocchia and 12embers of the Board, I am the o~,ner of the property on the Berth side of the l~fain Road, Cutehogue, ~ew Yor~, which is i~ediately &ast and ~[orth of Dr. Joseph Lizewski's property. Dr. Lizewski has shown me his plans for converting his house to an office aha apartment, an~ I h~ve no objection to his request for a change of zone from "A-Residential" to "B-Light Business." Yours truly, Kathrina Bi~lecki April 2£,1974 I~ir. ~lbert Martocchia, Southold Town Board 16 South Street GreeKLport, New York Supervisor Y have reviewed Dr. into ~ professional I think it Dear Zlr. Diartocchia and Me~lbers of the Board- As proprietor of the Shell 3tation on the Eorthwest corner of Depot Lane and the ZIain Road, Cutchogue, New York, Lizewski's plans for converting his home office and apartment. will be a welcome asset to the co~:unity. Th=refore, I h~ve no objection to his request for a chan:'e of zone fro~ "A-Residential" to "B-tight kusiness." Sincerely, August 12, 1974. Mr. Albert Martocchia, Supervisor Town Board Town of Southold 16 South Street Greenport, New York 11944 Dear Mr. Martocchia and Members of the Board: I am the owner of property on the South side of Main Road, Cutchogue, New York, which is directly opposite the premises owned by Dr. Joseph Lizewski. I have looked over Dr. Lizewski's plans to change his house into a professional office building and apartment. I have no objection to his requesting the zone from "A-Residential" to Town Board for a change of "B-Light Business." Yours very truly, Evelyn Floor