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.