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HomeMy WebLinkAboutWieczorek, Michael - Denied WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ..... i~1~,..111;I, III1~1~11~11~ ...................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from ..t~lk~..ll~l~;~l,..&. District to ....".m~..~;ll~llM ............ District the property described in said petition, and WHEREAS said petition was duly referred to the P'lanning 13oard 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 ...... ~t~ ...... day of ................. ~ ..................... , 19...~.., and due deliberation having been had thereon NOW, THEREFORE, BE Iq' RESOLVED that the relief demanded in said petition be, and it hereby is II~IIL~II~o TOWN BOA.~D, TOWN of SOUTHOLD June 5, 1964 SUPERVXSOR LESTER M. ALBERTSON JUSTICE OF THE PEACE HENItY CLARK COUNCTTJ~N LOUIS DEI4~9~ST COUNC~J~MAN HOWARD V~.~NTIN~ TO#R CLERK ALBERT W. RIC~4OND 2 SUPERVISOR ALBERTSON~ I will open ~he hearing by reading the legal notice that appeared in the Long Island Traveler-Mattituck Watchman. "NOT~CE OF HEARING ON PROPOSAL TO AMEND ZONING O~DXNANCE. Pursuant to section 265 of the Town Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk COUnty, New York, public hearings will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 5th day of June 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, Sufffolk County, New York. "1. By changing from "A" Residential and Agricultural District to "B" Business District the following described property= "Ail that certain tract or parcel of land situated at Cutchogue in the Town Of Southold, Suffolk County, New York, and more particularly bounded and described as follows: "Beginning at a point 200 feet northerly from the intersection of Cox Lane and the northerly line of Main Road, being the present "B" Business zone line, running thence a northeasterly direction along the present "B" District zone line, parallel to the northerly line of the Main Road about 175 feet to a point on land of applicant~ thence in a north westerly direction along land of applicant 75 feet parallel to the easterly side of Cox Lane to a point on land of applicant! thence running in a southweste=ly direction along land of app~icant parallel to northerly line of Main Road 175 feet to easterly line of Cox Lane~ thence along the easterly line of Cox L~ne 75 feet tO the point of beginning. "2. By changing from "A" Residential and Agricultural District to .~B"' Bus/~aess District the following described property~ "All that certain tract or parcel of land situated at New Suffolk, in the Town of Sou,hold, Suffolk County, N~w York, and more particulary bounded and described as follows: "Beginning at a monument set on the westerly line of N~ Suffolk Road about 481 feet southerly as measured along said westerly line fro~ an "un-named" public h~way and about 2075 feet northerly along said westerly line from New Suffolk Ave., said point of beginning being the southeasterly corner of land of Mlynarezkl from said point of beginning running along said westerly line of New Suffolk Road, S. 7° 03' 10" W. 75.0 feet to the northerly line of a proposed highway 50 feet in width to be known as "Charliets Lane"l thence along said northerly line of "Charlie's Lane", N. 84° 08' $0" Wo 135.62 feet to land conveyed or about to be conveyed, by the former owner of premises to Richard Malloryl thence along said land conveyed or about to be Conveyed to said Richard Mallory, }iN. 3~ 46' E. 79.59 feet to a monument set at the south- westerly corner of the lands of said Mlynarczk! thence along said land of Mlynarczk, S. 82~ 16' 40" E. 140.18 feet to the point of beginning. Together with a right-of-way 50 feet in width Over said proposed high- way to be known as "Charlie's Lane", from the southwesterly corner of the premises easterly about 135 feet to New Suffolk Road. 4 "Any person desirXng to be heard on the proposed amendments should appear at the time and place above specified. Dated May 19, 1964, BY ORDER OF THE SOUTHOLD TOWN BOAi~D, AT.n~RT W. RICI~OND0 TO~N CLERK. SUI~ItVISOR ALBERTSON~ I have an affidavit from the publisher attesting to the publication of the legal notice in the newspaper. I will now read the recommendation from the Planning Board. RepOrt to= Southold Town Board 16 South Street GreenpOrt, New York May 12, 1964 "Gentlemen: This is to certify that the following action was taken by the southold Town Planning Board at a regular meeting held on May 5, 1964= "In the matter of the ~etition of Matthew Mullah, for a change of zone from "A" Res~dential and Agricultural District to "B" BusL~ees Distzict on ce~ta~n real property situated at Cutchogue and more particulary bounded and described ae (The legal notice was not read again} "It is hereby Ii, SOLVED that the Planning Board does recommend favorably to the Town Board the change of zone from "A" ltesidential and Agricultural District to "B" Bua$~less District on the property of Matthew Mullah on the above applL~on. "The Board f~nde no objections in chan~g this property to Bus~neaso The change is within the natural development ~f the area. The property will be used for a carpenter shop which seems reasonable to the Board. "l~eapectfully submitted, /s/ John Wickham, Chairman Southold Town Planning Board." SUPERVI$O~ ALBERT$ON~ ~s there anyone who whould l~ke to epez~k in favor of ~s change of zone fr~ "A" Residential and Agr~culturai to "B" Bu~nes~ D~s~ct on C~S Lane? ~W M~N~ I ~n~t ~i~ ~t is necessa~ to say any ~re what has alrea~ ~en sa~d to the Board. ~ you. SU~RVlB~ ~BERTSON~ Is ~ere anyone el~e who would l~e to in fevor of ~s change of zone? (~ere was no res~nse. ) SU~RV~$~ ~BERTS~= Is ~ere an~e who ~ld l~e to s~ opposit~on to ~s change of zone? (~er~ was no res~se.) SU~RVIS~ ~TS~= 2s ~ere anyone who~lwould l~e to s~ak one way or ~e o~er on ~s ~ange of (~ere was no res~nse.) SU~RVXS~ ~ERTS~: HearLng none, I w~11 close ~s heaz~g for ~e fur~er ~l~eration of ~e Board. SU~RVIS~ ~ERTS~: ~s ~s a hearing u~n applicat~on of Ml~el wieczorek for a ch~ge of z~e fr~ "A" ResL~nt~l and Agr~cu~ra~ D~strict to "B" Bus~ness D~str~ct. I have alrea~ ~ad ~e ~scr~pt~on, legal notice, and aff~v~t attesting to its publ~cat~. I w~tl n~ read the report from the Plann~.ng Board. "Repo~ to~ Sou~old ~ Board 16 Sou~ S~eet ~reen~rt, N~ York May 12, 1~4 "Gentlemen~ This is to certify that the follo~ing action was taken by the Southold Town ~Planning Board at a regular meeting held on May 5, 1964: "In the matter of the ~etition of Michael wleczork, for a change of zone from "A" Residential and Agricultural District to "B" Business Beal District on certain A~I property situated at New Suffolk and more particularly bounded and described as follows~ (The legal notice was not raad again. ) "It is hereby RESOLVED that the Planning Board does not recon~nd favorably to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Michael Wieczork at New Suffolk as described above. "The general feeling of the people surrounding this area is that they did not object to the change of zone from "A" to"B" for the sole purpose of the display of boats, however, they would object tothe storage of boats on cradles. Xf the property was changed from "A" Resi- dential and, Agricultural District to "B" Business District, there would be no limitations as to what the property could be used for as far as a Business District is concerned. "The Planning Board also feels that changing this one piece of p=o~rty would be considered spot zoning. "Therefore, the Planning Board recommend~ to the Town Board they on their o~n motion consider resoning this who1. area from Curtis Hortons~ Machine Shop to charliels Lane from #A" ltesidential and 7 Agricultural to "B" Business District. "Respectfully submitted, /s/ John wickham, chairman, $outhold Town Planning Board." SUPERVISOR ALBE~TSON: Is there anyone who would like to speak in favor of this change of zone from "A" Residential and Agricultural District to"B" Business District in New SuffoLk? MICFa%EL WIF~ZORK: We requested this to put boats over there Just for the su~= It is not for year-round. We will Just put boats for sale over tJ~ere. We are getting pretty tight around the yard. We talked to the neighbors and they said it would be alright for that purpose, and that is the reason we made this application for a change of zone. SUPERVISO~ ALBERTSON= Is there anyone else who would 1/ks to speak in favor of this application for a change of zone? (There was no response. ) SUPERVISOR ~?.URRTSON: Is there anyone who would like to speak ~ opposition to this change of zone? (There was no response. ) SUPERVISOR ALBEI~TSON: Is there anyone who would like to speak one way or the other concerning this change of zone? (There was no response. ) SUPERVISOR AL~ERTSfH~ Hearing none, I will C~&se the hearing at this t~-~e for the further deliberation of the Board. Legal Notice follows: northeasterly direction along the present "B" District zone line, par- allel to the northerly line of the Main Road about 175 feet to a point on land of applicant; thence in a north westerly direction along land of applicant 75 feet parallel to the easterly side of Cox Lane to a point on land of applicant; thence in a of ~pplicant parallel to northerly line of Ma&x Road 175 feet to east- the easterly line of Cox Lane 75 feet to the point of beginning. and Agricultural District to "B" Busi- ness District the following de~crihed property: All that certain tract or parcel of l~ad situated at New Suffolk, in the To~m of Southold, Suffolk County, New York, and more pazticularly bounded and described a~ follows: Beginning at a monument ~et on the westerly line of New Suffolk Road about 481 feet southerly ~s from ~n "un-named" public ~gh- way and ~bout 2075 feet northerly along said westerly line from New Suffoik Ave., said point of begin- of land of Mlyn~'czk; from s~id point of begimxing running along said westerly line of New Suffolk ~o~, S. 7 03' I0" w. 75.0 feet to the northerly line of a proposed highway 50 feat in width to be known as "Charl~e's Lane"; thence along said northerIy line of "Ch~- lie's Lane", N. 84~ 08' 50" W. 135.62 COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for .............. ~.~..:7..¥.:.(. ............ weeks successively, commencing on the ............ .~..../. .................. day of ............. ~; )~ ~,, .............. \......//..,~ ~(o~ff~ ~19'~ ....... Sworn to before me this ....... :.C.L.[, day of ........ .......... , 19...~..!./.. d to be conveyed to said Richard ~_a!. lory, N. ~° 46' E. ~9~9 feet to monument set at the sourly corner of the lands of said czk; thence alorg said land Mlynarcz~, S. ~2° ].6' il)" E. 149.15 feet to the point of beginnl~. To- gether with a fight of way ~0 ~eet in width over said proposed high- way t0be known aa '~harlie's from the southwesterly corner the premises easterly about 1S5 to New Suffolk Road. Any person desiring to be heard on the proposed amendment should ap- pear at the time and place abo~ specified. DA'l'~a~: May 19, BY ORDER OP THE SOUTHOLD TOWN BOAP. D ALBERT W. I~ICHMOND, TOWN CLERK. NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the TOWn Law and Article IX of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board at the Office of the Supervisor, 16 South Street, Greenport, New York, in said town on the 5th day of June at 7:30 o'clock in the evening of said day, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 1. By changing from "A" Residential and Agricultural. District to "B" Business Dietrict the following described property: Ail that certain tract or parcel of land situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point 200 ft. northerly from the intersection of Cox Lane and the northerly line of Main Road, being the present "B" business zone line, r~nning thence a northeasterly direction along the present "B" District zone line, parallel to the northerly line of the Main Road about 175 feet to a point on land of applicant; thence in a north westerly direction along land of applicant 75 feet parallel to the easterly side of Cox Lane to a point on land of applicant; thence in a southwesterly direction along land of applicant parallel to northerly line of Main Road 175 feet to easterly line of Cox Lane; thence along the easterly line of Cox Lane 75 Legal NOtice Page -2- feet to the point of beginning. District to property: By changing from "A" Residential and Agricultural "B" Business District the following described situated at Suffolk County, New York, bounded and described as follows: Beginning at a monument set on Ail that certain tract o£ parcel of land in the Town of Southold, and more particularly the westerly %lne of New Suffolk Road about 481 feet southerly as measured along said westerly line from an "un-named" public highway and about 2075 feet northerly along said westerly line from New Suffolk Ave., said point of beginning being the southeasterly corner of land of Mlynarczk; from said point of beginning running along said westerly line of New Suffolk Road, S. 7° 03' 10" W. 75.0 feet to the northerly line of a proposed highway 50 feet in width to be known as "Charlie's Lane"; thence along said northerly line of "Charlie's Lane", N. 84° 08' 50" W. 135.62 feet to land conveyed, or about to be conveyed, by the formmr owner of premises to Richard Mallory; thence along said land conveyed or about to be conveyed to said Richard Mallory, N. 3° 46' E. 79.59 feet to a monument set at the southwesterly corner of ~he lands of said Mlynarczk; thence along s&*d land of Mlynarczk, S. 82° 16' 40" E. 140.18 feet to the point of beginning. Together Legal ~tice Page -3- with a right of way 50 feet in width over said proposed highway to be known as "Charlie's Lane", from the southwesterly corner of the premises easterly about 135 feet to New Suffolk Road. Any person desiring to be heard on the proposed amendment should appear at the specified. DATED: May 19, 1964 time and place above BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLICH ONCE, MAY 21, 1964 AND FORWARD FIVE AFFIDAVITS OF PUBLICATION IMMEDIATELY TO THE TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the , following on May 20, 1964 The Long Island Traveler-Mattituck Watchman George Ahlers a/c Matthew Mullen Michael Wieczorek (5) Southold Town Planning Board SOUTHOLD, L. I., N. Y. PLANNING BOARD John '~/ickh.m, Chairman I~enry MOisa AJ~r~d ~r~bc Archibald Young ~iJJiam UnkeJbach Report to: Southold Town Board 16 South Street Greenport, New York May 12, 1964 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at a regular meeting held on May 5, 1964: In the matter of the petition of Michael Wieczork, for a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at New Suffolk and more particularly bounded and described as follows: Beginning at a monument set on the westerly line of New Suffolk Road about 481 feet southerly as measured along said westerly line from an "un-named" public highway and about 2075 feet northerly along said westerly line from New Suffolk Ave., said point of beginning being the southeasterly corner of land of Mlynarczk; from said point of beginning running along said westerly line of New Suffolk Road, S. 7° 03' 10" W. 75.0 feet to the northerly line of a proposed highway 50 feet in width to be known as "Charlie's Lane"; thence along said northerly line of "Charlie's Lane", N. 84° 08' 50" W. 135.62 feet to land conveyed, or about to be conveyed, by the former owner of premises to Richard Mallory; thence along said land conveyed or about to be conveyed to said Richard Mallory, N. 3° 46' E. 79.59 feet to a monument set at the south- westerly corner of the lands of said Mlynarczk; thence along said land of Mlynarczk, S. 82° 16' 40" E. 140.18 feet to the point of beginning. ~i~Together with a right of way 50 feet in width over said proposed highway to be known as "Charlie's Lane", from the southwesterly corner of the premises easterly about 135 feet to New Suffolk Road; it is hereby Report to: Southold Town Board page -2- RESOLVED that the Planning Board does not recommend favorably to the Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the property of Michael Wieczork at New Suffolk as described above. The general feeling of the people surrounding this area is that they did not object to the change of zone from "A" to "B" for the sole purpose of the display of boats, however, they would object to the storage of boats on cradles. If the property was changed from "A" Residential and Agricultural District to "B" Business District, there would be no limitations as to what the property could be used for as far as a Business District is concerned. The Planning Board also feels that changing this one piece of property from "A" Residential and Agricultural District to "B" Business District would be considered spot zoning. Therefore, the Planning Board recommends to the Town Board that they on their own motion consider rezoning this whole area from Curt Horton's Machine shop to Charlie's Lane from "A" Residential and Agricultural to "B" Business District. Respectfully submitted, :~'John Wickham, Chairman Southold Town Planning Board /Dc D FF~ERK SDUTHDLD, L. I., N. Y. April 16, 1964. Mr. John wickham Chairman Planning Board Cutchogue, L.I., N.Y. Dear Mr. Wickham; The original petition of Michael Wieczorek of New Suffolk, L.I., New York, relative to change of zone of certain property in New Suffolk, N.Y. from "A" Residential and Agricultural District to "B" Business District, is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recom~mendation of your Board. awa/ Very_ truly yourst~ Albert W. Richmond Town Clerk CASF ..l. .......... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF ,,/~7~h.,~/-- [,v'/~.C.Z::crPe-./'~-- FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. 1, .Mi.ohael ~tieczozl~ ............. ... , residing at ..,~9~n~mgslge.,A.~.~ ~,. ........... (insert name of petitioner) S. Jamespcrt Suffolk County, New York, the undersigned, am the owner of certain real property situated at ~{~.?_..S..~.~?..~!i[~....~.~....Y...' ................ and more particularly bounded and described as follows: Parcel 3 BEGI~fNING at ~ monument set on the westerly line of New Suffolk Road about 481 feet southerly as measured along said westerly line from an "un-named" public highway and shout 207~ feet northerly along said westerly line from New Suffolk Ave., said point of beginning being the southeasterly corner of land of Mlynarczk; from said point of beginning running along said westerly line of New Suffolk Road, S. 7° 03' 10" W. ~.0 feet to the northerly line of a proposed highway .C0 feet in width to be known as "Charlie's Lane"; thence along said northerly line of "Chorlia's Lane", N. 84° 08, ~0" W. 13.~..62 feet to land con~eyed, or @bout to be conveyed, by the former owner of premises to Richard Mallory; ~bonce alon~ said land conveyed or ~bout to be conveyed to said Richard Mallory, N. 3° 46'E. ~9.~9 feet to a monument set at the southwesterly corner of the lands of said Mlynarczk; thence along said land of Mlynarczk, S. 82° 16' 40'' E. 140.18 feet to the point of begi.~ning. TOGE~ER with a ~right of way ~0 feet in width o'~er said proposed highway to be known as "~harlie's Lane", from the southwesterly corner of the premises easterly about 13_5 feet to New Suffolk Road. BEING the same premises con%'eyed to New Suffolk Shlpyard~ Inc. by Sophie Krukoski by deed dated May 13, 19~7 and recorded in said Suffolk County Clerk's office on June 20, 19~7 in libor 4317 of deeds, page 1~3. 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 lhe Building Zone Maps heretofore made a part fhereof, as follo~vs: From: A-Residential and Agricultural To : B-Business 3. Such request is made for the following reasons: To display New and Used Motor ~oats and Sail Boats STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ~ BEING DULY SWORN, deposes and that says he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the mat- ters therein stated to be alleged on information and belief, and that as to those malters he believes it to be true. Sworn to before me fhis da:~. of ...... ....,.,~,....X... ............ , ~.~..~:,. ............... ::.-dZ.~....~ ....... : ........ ~ ......... : .............. Notary Public.