HomeMy WebLinkAboutZaino, Louis - Denied WHEREAS, a petition was heretofore flied with the Town Board of the
Town of Southold by .~.°.~.~,~...-~.~.~.n.-.°...~-..~.~....A-.~'.~-.z3~-.°....~-9~'.~'9'~:~'~-' .......
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
A Reszdentzal & · . "B-l" General Business
lng from ................. , ...... , ........... , ....... D~stnct to ............................................
Agr zcuituraz
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 flied
with the Town Board, and thereafter, a public hearing in relation to said
petition having been duly held by the Town Board on the .....2..7.~.~ ...... day
of ................. .~.~..c~:~.~ ................ , 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 DE~TED.
BY ORDER OF THE SOUTHOLD TOWN BOARD
DATED: September 24, 1974.
~lbert W. Ricl~ond, Town Clerk
LAW OFFICES
IRVING I. MILLER
83E pEPPERIDGE ROAD
P,O. BOX
WESTBURY, NEW YORK 11590
October 25, 1974
Albert W. Richmond, Town Clerk
Town of Southold
Town Clerk's Office
Southold, N.Y. 11971
RE: Louis Zaino and Armando Sardelli
Property: S/S Main Road and W/S Indian Neck Lane
Dear Sir:
Based on the application on behalf of the above captioned,
a hearing was held by the $outhold Town Board in the Office of the
Supervisor, at 16 South Street, Greenport, N.Y., on August 27, 1974,
during which time Albert M. Martocchia presided, in connection with
proposal to amend the Building Zone Ordinance.
The undersigned representing the interests of the above
captioned, together with them, appeared at said hearing, and had
presented an argument in favor of the proposal and also submitted
a Memorandum on behalf of the petitioners.
To date we have not been favored with written disposition
and would appreciate your attention and advice. At the time that
the written decision is made and a copy of same forwarded to the
undersigned, would you also please forward copies of the dispositions
made by the respective Boards and Authorities who previously reviewed
the matter. Thank you for your courtesy and cooperation.
ery~ tru x, yours,
i'~VING I. MILLER
II~ '/rr
Public Hea~ iX - Southold Town Board - ~ust 27, 1974
A public hearing was held at 8:00 p.m. August 27, 1974
in the matter of an application for a change of zone presented
by Zaino and Sardelli.
Present were Supervisor Albert Martocchia, Councilman
James H. Rich, Jr., Councilman James F. Homart, Justice Martin
Surer and Justice Louis Demarest.
Councilman Rich read the Notice of Hearing.
Pursuant to Section 265 of the Town Law and Requirements
of the Building Zone Ordinance of the Town of Southold, Su££olk
County, New York, public hearing 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 27th day of August,
1974, on the following proposal to amend the Building Zone
Ordinance (including the Building Zone Maps) of the Town of
Southold, Su££olk County, New York.
8:00 p.m. (E.D.S.T.) by changing from "A" Residential
and Agricultural Distr±ct to "B-I" General Business District
the property of Louis Zaino and Armando Sardelli situated at
Peconic, Town of Southold, Su££olk County, New York, and more
particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of
the southerly side of Main Road (Route 25) and the westerly
side of Indian Neck Lane; thence south 24° 00' 00" East along
the westerly side of Indian Neck Lane a distance of 212.05
feet to a point located on the northeast corner of the land
now of Louis Zaino and Armando Sardelli; thence running in
a southwesterly direction along a southerly line of the land
now of Louis Zaino and Armando Sardelli South 46° 35' 20"
West 530.41 feet to a point; thence running in a northerly
direction along the easterly line of the land now or formerly
of Rose Koraleski North 21° 47' 10" West 215.14 feet to a
point located on the southerly side of Main Road (Route 25);
thence running in a northeasterly direction along the southerly
side of Main Road (Route 25) North 460 35' 20" East 521.59
feet to the concrete monument, 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: August 12, 1974
BY ORDER OF THE SOUTHOLD TOWN BOARD
ALBERT W. RICHMON, TOWN CLERX
Proof of publication was presented.
The following letter under date of August 5, 1974 was presented
from the Suffolk County Department of Planning.
Dear Mr. Richmond:
Public Hea~ .g -2- ~gust 27, 1974
Pursuant 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 ohange of zone because of the follow-
ing:
1. It is inconsistent with the Town Master Plan which
designates this area for residential development;
2. It is inconsistent with the pattern of zoning in
the locale and therefore must be considered as "spot zoning";
3. It would tend to establish a precedent for the
further perpetuation of undesired strip commercial develop-
ment along Rte. 25; and
4. It is inconsistent with the residential character
of the surrounding area.
/s/ Gerald G. Newman
Chief Planner
The following letter under date of July 10, 1974 was received
from the Southold Town Planning Board.
Gentlemen:
The following action was taken at a regular meeting of
the Southold Town Planning Board held on July 8, 1974.
On motion made by Mr. Wickham, seconded by Mr. Raynor,
it was
RESOLVED that the Southold Town Planning Board recommend
to the Southold Town Board denial of the petition of Louis
Zaino aud Armando Sardelli requesting a change of zone on
certain property situated at Peconic, New York, from "A"
Residential and Agricultural District to "B-l" General
Business District. This petition seems to be based on the
illegality of the zoning law. To the best of the knowledge
and belief of the Southold Town Planning Board the zoning
laws of the Town of Southold are constitutional and were
adopted after due process and the Southold Town Planning
Board feels that the existing use of the property as zoned
is correct.
Vote of the Board: Ayes: Wickham, Raynor, Coyle, Moisa.
Absent: Grebe.
/s/ Muriel Brush, Secretary
Proof of posting by the Town Clerk was presented.
Supervisor: You have heard the legal notice read, the
description of the property, the legal advertising in the
proper papers - the official papers of the Town of Southold,
the posting by the Town Clerk, the position of the Town
Public Hea~ g -3- ~gust 27, 1974
Planning Board recommending denial, the position of the
Suffolk County Planning Board recommending denial. At this
time, I will entertain anyone who wishes to speak for the
applicant.
Irving Miller: My name if Irving Miller and I am the attorney
for the petitioner. With the Board's permission, I would
like to speak on their behalf and acquaint the Board, first
of all, with some background history concerning this parti-
cular property at the request of my clients.
Mr. Miller presented Schedule "A" distributed to the Board
and attached hereto.
Supervisor: Does anyone else wish to speak in favor of
granting this change of zone? Anyone wish to speak in
opposition?
Loraine S. Terry, North Fork Environmental Council, Inc.:
In regard to the application of Louis Zaino and Armando
Sardelli for a change of zone from A to B-l, location:
Indian Neck Lane and Main Road, Peconic, New York, the North
Fork Environmental Council strongly opposes the granting of
this change for the following reasons: (1) The Master Plan
shows this property to be A-R and we feel this plan must be
followed for orderly growth in Southold Town. (2) We feel
the granting of this would be "spot zoning" and change the
character of the area, one we feel is one of the finest
agricultural residential areas in Southold Town. (3) Again
we feel that a change of zone without restrictions could
produce numbers of problems as there is no guarantee as to
the business that would be placed there if the owner's plans
change or that the property changes hands. We do therefore
urge you to deny this application. And may I make one
comment. Comments about newspapers. I own property in Maine
and I feel it is up to me to find out what happens to that
property by subscribing to a newspaper in that area so I
will know what is happening. I feel this generally has to
be done by people. It is your responsibility to take care
of your possessions. No one else is doing it for you. I
think the newspaper's circulation is demeaned by Mr. Miller's
remarks. I think we have a fine newspaper that keep us all
informed. It is up to property owners to subscribe to that
paper or one designated by the Town.
Supervisor: Anyone else wish to speak in opposition.
William Blake: I live on Indian Neck Lane in Peconic. I
would like to second what the lady just said. I live in
Nassau. I subscribe to both the Suffolk Times and the
Traveler for just the reasons she cites. I think Mr.
Miller is quite wrong on that. I have alot of friends who
own property out here, some that live in Florida, some that
live in Arizona and I think it would be hardly possible for
the Town Board to advertise in all the papers that all the
people all over the country could possibly see. I think,
as the lady said, it is up to the property owner to have
Public Hea~ ~g -4- ~gust 27, 1974
enough interest in their property to subscribe to a paper
in the local area where they own the property. I would like
to say that the letter the gentleman read from the Suffolk
County Board expresses my views exactly. I think that was
a very well written letter and the reason they turned it
down and I concur with it wholeheartedly.
Jean Tiedke: It occurs to me that perhaps the original
change from A-R to B-1 was an injudicious decision by the
then Town Board and that was indeed "spot zoning" and the
change in the Master Plan back to A-R was rectification of
that. I would like to ask Mr. Miller or anyone else who can
answer to cite me chapter and verse in the constitution
where it guarantees a favorable return on an investment. I
would like to know about that.
Mr. Miller: There is nothing per se that says in any
constitution whether it is the Federal or the State constitu-
tion they will guarantee a fair return but it does specifi-
cally say that those of us who are real property owners are
entitled to make the best use of this property without being
deprived of its use by any town or municipality or other
person or otherwise in the event that it is being done
contrary to the constitutional provisions of ownership of
real estate. I am not saying, in fact, that the Town Board
does not have that authority or power. As a matter of fact,
in my memorandum that I read and that I submitted before the
Board I acknowledged that the Town Board does have that
authority and is vested fully with it. I am not challenging
that aspect of its constitutionality. I am challenging the
fact that there was not proper notice given to those who are
property owners here but do not reside in this community so
they would not be aware of what was going on. You have to
also take into retrospect a certain situation. The fact is
that Mr. Zaino and Mr. Sardelli did not become the record
owners of this property until sometime in June of 1970. This
enactment or at least the prefacing situation which
followed by the enactment became manifest and became involved
and became constitutionally enacted sometime in September of
1971. While it is a year or a little bit more than a year
that transpired, it is certainly true that the record owners
did not have the opportunity necessarily to become acquainted
with what was going on locally. I say this, that this Board
has an obligation to all record property ovn~ers who are tax-
payers, who receive tax bills in the mail, to be informed by
mail if they are out of town residents, perhaps even to the
extent of those that are residents here, to receive notices
in the mail directly from the official source instead of
being dependent on a newspaper article, notwithstanding
that the Suffolk Times is the quasi-official paper or is
the official paper of the Town of Southold. I did not mean
to demean the newspaper per se. I think it happens to be a
pretty good newspaper. I am aware fully that on one or two
occasions it has won awards for its journalism. Off the
record, I would be the least one to criticize the newspapers
because at one time I aspired to be a journalist. I am
surely not taking the Suffolk Times to task here. I am
Public Heat .~g -5- .ugust 27, 1974
saying that the opportunity of the petitioners was not there
for them to ascertain through the newspaper the notice of the
intended change. This deprived them of the fact of coming
in and making their opposition locally or by voice and this,
in fact, deprived them of doing anything that they may have
wanted to do prior to this occasion to take the necessary
steps to protect their real property rights.
Stuart Moran, President of the Indian Neck Park Association:
I have heard tonight and never before have I heard such a
manifestation of ambiguity. After listening to the attorney
present his position, intellectually I cannot say I know
what the hell he is saying. What he is asking for, whose
rights he is speaking for. One thing I found very effective.
He alludes to constitutional rights, the constitution. We
all know who play with law that you must go to the Supreme
Court when you are speaking constitution and you must be an
expert in it. I have heard the Town Board insulted, the
local newspapers insulted. I am not taking a position on
either part. My biases are my own. One thing I can't live
with, I don't think any intelligent man can live with, and
that is a presentation fifteen or sixteen pages that says
in essence to me nothing on one premise. It does not say
what they are asking for. The position of my association is
this, that the variance has ambiguity. The variance con-
stitutes without question a dew, zoning. A do~rnzoning in any
form is a cancer in this community. If we give one aspect
of it we must commit ourselves to another. Thank you.
James Knowles: I have brought with me a petition signed by
sixty-eight residents of Indian Neck Road and environment.
I submit this for the record. These are all opposed. May
I paint out to Mr. Miller if he will investigate the use of
this farmland immediately behind he will find that Farmer
Mike has been farming that for over three years and I doubt
that Mr. Cichanowicz had anything to do with it.
Supervisor: Does anyone else wish to speak in opposition?
Ms. Tiedke: Does the old saw 'Let the buyer beware' still
hold?
Supervisor: I think it behooves the attorney representing a
client that he do all the researching. And what the lady
said about 'Let the buyer beware', I learned that a long time
ago the hard way and you remember when you learn it the hard
way and I agree with the attorney. In my opinion, he perhaps
did not guide his client too well in touching all the bases
before he let his client buy the land, thinking he was buying
under one category and it was not, because of changes taking
place from time to time. I am sure the Town of Southold or
any town in this United States or village can advertise all
over the world to cover taxpayers that own property that live
in many areas. It would be quite a task to go to every
section of this world to reach property owners in any given
town. We not only advertise in one official paper and it
staggers each year but it is covered by both papers, the
Public Hea~ ~g -7- gust 27, 1974
of the community.
Supervisor: Does anyone else wish to comment on this appli-
cation?
Mr. Moran: Just a question, sir. This is absolutely open.
Would the town reclassify a zoning, is this a precedent what
the gentleman is speaking about tonight?
Supervisor: When we revised our zoning a couple of years
went into it. There were many hours of study before we
adopted one piece of it. There were many hours until two
o'clock in the morning pouring over the maps and with
guidance from all our agencies and county agencies there was
indication at that time that any pieces or small strips
along the Main Roadways if they were not in use were considered
discontinued.
Supervisor: Anyone else? Has everyone had an opportunity
to be heard? Thank you for coming. The hearing is closed.
A determination will be made.
Hearing closed at 9:10 p.m.
Respectfully submitted,
Muriel Brush, Secretary
~n ~he ~atter 0£ The
~IS ZAZNO and
AR~NDO SARI~LLZ 0
Petitioners,
For A Change, Modification Or Amendment
O~ The Build£ng Zone Ordinance Of The
Town of Southold, Suffolk County, New York.
FACTUAL ]aaC]~RO~JND HZSTORY
~ne Petitioners herein on April 25, 1970, entered
into a Contract of Sale as Purchasers between themselves
one ALbeRT A. ~ACCO, residing at Hill l~c~d, To~n of
Suffol~ C~nty, as Seller, which enc~sse~ an~ includea the
b~nde~ Ln Pa~graph "1' o~ the ~t~tion and more ~rticularly
~ ~tion thereof ~ich is the s~j~t mtter ~ore ~s
~r~ as is l~ntified ~ ~ragra~ =2" of ~e Petition,
~].y e~ecuted ~e 5, 1974.
The subject real property is further supplemented
description by the m~ps c~ated ~ay 8, 1974 made by
RODHRICK VAN TUYL, P.C., Greenport, New York, heretoffore
submitted with the Petition.
The Contract of Sale/Purchase contained a specific
representation and warranty fro~ the Seller to t_~e P~'rchasers
at Paragraph "7" of the Rider as follows:
"7. The seller hereby represents and warrants
that the premises here/~ being demised, that portion
thereof set on the Main Road for a distance of 521.49'
to a depth of 200', are zoned "B# Business under the
Southold Town Zoning Ordinance. The seller further
represents and warrantu that as to the re~ining
portion of the premises covered by this contract,
said premises are zoned #A" Agricultural and Residen-
tial under the Southold Town Zoning ordinance."
Attached hereto and made a part hereof is a copy of said
Contract.
As will ~e seen from the foregoing, that porti~
thereof included the land which was affected by the change of
zoning resulting in ~he within application.
A Deed completing the conveyance of the aforesaid
transaction was given on J%me 19, 1970 and recorded at the
Suffolk County Clerk's Office on J~ne 23, 1970, under Liber
6761, Page 41. At that time, the s~bject real property
(fr~ntingMain ~ad) was "B" Business zoned and classified.
It would appear, that thereafter The Suffolk T/mss
newspaper, on or about in its September 15, 1971 edition, did
publish a Notice of Hearing to have been held by the
Pace ~ -
Board of the T~wn of Southold on September 28, 1971 in the
matter of the amendment of the T~wn Ordinance entitled "The
Building Zone Ordinance of the T~n of Southold, Suffolk
C~unt¥0 New York". The Ordinance was enacted on November 23,
1971. At that time both Petitione~s were residents of the
C~ant¥ of Nassau.
The property in question had upon it at least oae
building. This building, upon information and belief, had
been used by Briarcliff Sod, Inc., in connection with its
business, who tenanted the real property for purposes of sod
growing and development prior to the time that the Petitioners
became o~ners of said property and up to and including
October 15, 1970.
Some time thereafter, in and about March of 1972,
Petitioners e~tered into a lease arrangement for a term of
one year with one ROBERT ADIPIETRO, trading as The Old Trad~lg
Post Antiques for the use and occupancy of the aforementioned
building premises located as aforesaid. This lessee proceeded
to possess a~d occupy the premises and improve same for the
retail establim%hment intended. He then applied to the Building
De~mrtment for a sign permit, which was denied him on the
basis that the property had b~un re-zoned contrary to its
- Psg~ 3 -
previous classification, to wit, for "Business"use.
The lease arrangements b~tween the Petitioners and
~aid tenant were thereupon caused to be termizlated at a
substantial loss and detriment to the Petitioners.
Thtzs, for the first time ever, did Petitioners,
and about May, 1972, learn of the re-zoning of the real
pro~rty owned by them.
POINT X~ NOTXCE IS A PKB~XSXT~ TO
COMPIJANCE OF STATUTORY AUTHORITY
The grant of statutory power given to the Town of
Southold to enact laws respecting use of property is not in
and of itself being challenged by Petitioners. It is
taken that. a tc~n zoning board may exercise its power to make
zo~in%- re?ulations only to p~omote haalth, safety, morals
or ~en~rsl welfare of the com~anity. ~wever, such statutory
power to enact laws respecting use of property is subject
only to constitutional limitations that it not be e~erted
arbitrarily and tlnreasonably, and also that it must
with the proce~aral prerequisite statutes.
Section 264 of the Town l~aw outlines the required
- Page 4 -
procedural steps by a Town Board in enacting an ordinance
or amendment thereto.
'The town board shall provide for the manner
which such regulations and restrictions and the
boundaries of such districts s~all be determined,
established and enforced, and from time to time
amended, supplemented o~ changed. However, no
st~h regulation, restrictions or boundary shall
become effective until after a D~tblic heerinq in
relation thereto, at which Parties in interest and
citizens shall have an o~Dortttnit¥ to be
(under scori,g mir,)
The same section further provides that
"At least ten days~ notice of the ti~e and
place of such hearing shall be published in s ~a~er
of qe~eral circulation in such town.
(underscoring mine)
In retrospect, we find as a ~atter of
that The ~uffolk Times, the ~ecLared official newspaper of
Southold Town. was a we~kly tabloid, published every Friday,
additionally distributed in the main (and perhaps nowhere
else) in the Village of Greenport an~ ~erving Shelter Isla~
(b) by its own "mast-head" o~ Page 6 of the September 16,
1971 issue, it refers to itself as #a we~kly journal for
the country fireside# devoting itself to 'literature,
intel~igenoe and lo~a~ affairs"~ (c) that the Petitioners,
~ere both residents of Nassau County (at We~tbu~y, New York)
without ~ny linkage to the To~n of Southold, el~er by
-Page
bueinees~ personal, friend o~ family, e~cept for the Eecord
wit, ~ne Suffolk Times, is not sold or ~en~rallv distributed
in l~saau County.
It ~an hardly be held, notwithstanding its (The
Suffolk Times) quasi official design~tion, that this is a
"paper of general circ'alation". Ln this ~y and age, pr~tri-
etary t/lterest is not limited to the confines o£ your own
p~rcel upon which you make your home, but on the contrary~
property ownership is spread far and wide throughout the
co~ultry and world e~clusive of yo%lr ~omiciliary or the piece
where yo~ hang your hat.
O~ the basis of such acknowledged premise, the n~lco
which is mandeted by the statute, restricted to the local
ptlbli~ation, f&lls short of the required public~tio~ of ~otice
re. movably required to apprise the public of the esser~e of
the reg~lations to be adopted. See, PALIOTTO v. TO~N OF
1962, 31 Misco2~, 447~ 224 b~2~ 466 (reversed cai other grounds)
thlder the circumstances, it is respectf~ally
that nothing s~ort of person~i or mail service of the Notice
than s~ch effectiveness against
-Page 6-
Petiti~ners' Land, the Notice was inadequate, precludL~g
Petitioners fr~n exercising their ri_~ht to oppose, and any
subsequent actions taken bases on thnt Notice are likewise
inv~ lid.
That the ~nited States ~alareme Court is disposed to
expanding such doctrine or ~t~,a, is evident fr~m its re~ent
deeisl(Ma, ~ v. ~, 92 S.Ct. 1~3 (~972), where
C~ st~=k ~ a ze91evin s~tute whi~ ~itted the
~r~tr~l ~e of ~attel~ %;ithout notice to ~e
N~g ~mt pro~rty rights are no les, sacred than
ri~ts, ~e C~rt held ~t "'the constitutio~l right
heard is a ~ic aspect of the duty ~f g~r~ent to
~rs~ ~f his ~ssessions." 92 S. Ct. at 19~.
It must significantly follow that if the right
notice and a hearing is to ~erve its full
is crystal clear that it must be granted in an %u%limited
non-~eferre~ manner.
The instant property aS far as ia kr~m,
-~ 7-
to the enmc%ment in November, 1971, had been ~ am an~
a business use and c~ssi~i~tion ~ince ~e original
ord, i~ ~d in 1957. It hau ~c~,~ained u~devuloped
~ese ~ny years except as culti~ted for sod growin~ ~nd
relate~
The 1972 Southold To~,n Zonin~ Ordinance, was inte~e~
to serve the public ~or the better:~ent of its health, snfety
and welfare. Within this framework ~.ere is a pres%~,ption of
ccu~scitutionalit~v applicable ol such 0rdin~ncc.
not j~stified ~s it aff~ct~ the suDject property before this
i~o~r~ in t~ it did not serve the ptlblic health, saf~-ty and
w~Ifare anf~, ~ore particularly and sign_~ficant!l~, caused a~
economic injury and se~,~¢re finuncia! !os~ to the Petiti~rs.
the ~3%TTER OF FULLING vs. PAI~O (Ct. App. ~,!¥ 1967) 21
NY2d 30, 286 ~$2d 249, 233, ~.E.2d 272, the C~rt s~id that
the basic r%~le is "where the property owner ~i!l
significant economic injury by the application of
stan~rd ordi~nce, ~at stan~r~ can be justifie(~ only
z~g that the ~blic h~ltk, ~fety '~.~ welfar~ will
~e
-Page 8-
Out of almost thirteen acres then owned by Petiti~n-
ers, the Board through the Enactment reclassified 2.4L5 acres
the extended width of which fronts on Main Road, so as to
reduce it fram its business class to a "residential-agricult-
ursl"
take
and worth
status. By this arbitrary change, this Board may well
"judicial" notice o£ the marked devaluation o~ the value
of the property.
In the growth of the c~maunity at large and the
~diate vicinity at and about where the a~eage is loceted~
and the manner in which it is located and situate, tl~e area
has in fact bec0~e business and commercial oriented
the Land per se re~ains more adaptable for business use as
o~sed to residential use.
The existing present ~oning use is an invasion of
Petitioners* legal and constitutional right to own and put
the property to its highest and best use, which is for ge~erel
business use.
One cannot take issue with the action contemplated
by the ~nac~ment in seeking to maintain an area for residen-
tial purposes as being a pro, er one. However, where such
change is arbitrary or unreasonable considering all of the
-Page 9-
existing circl/mStance$ relativ~ to the ~rea
object intended by the Board to be
involved, the
is contrary tO
the overall consideration of the adaptability for such
residential or ~gricultural use as was impose~ upon this
acreage. The e~istin~ ordil~nce~ as ~pplied to it, amOUnts
to co~£~Cation.
Examination of the record in the planning t~azd
the enactment o~ the said Ordinance clearly indicates the
confiscatory an~ arbitrary n~ture of the designation of the
category assigned to the acreage which was re-zoned in that
90~ of the acreage in Southold Town vas dealgnated #A',
Agricultl/ral - Residential. This process of singling o~t a
amall p~rce! of land. namely the Petitio~ers' property of
2.415 acres, for a use classification totally different fr~m~
that of its then classification to the detriment of the o~ner
of such property, is clearly violative not only of pro, er
re-zoning, but in p~rticular of the rights of-~ro~erty ~er-
ship an~ its applicable use thereof.
Notwithsta~ding the fact that the parcels or acreage
to the rear of the pro~erty in question, being of co~aon
ownership and rear c~ntiguity, did ]~ear and continue to be
-Page 10-
classified for residential agricultural ~ur~ses, the pxop-
erty in ~es~ion ~t thi~ a~!i~tion is e~t~.tled to
s~tus, n~ly, what it was ~fore, ~rti~l~.r!y ~at
fringe ~here%f is on a ~blic strut amd i~ of a
and di~inct ~ture. ~ ~tneain the classifica%ion as ~s
~fore d~ in no way change the character of the
h~ or a~ruely eff~t the h~l~, ~lfare and ~fety of
~e c~unity and therefore the B~rd's action affect~
s~id pro~rty shoul~ ~ a~ulled. See, ~ C~ v. ~0,
Sup.Ct., Suff91k C~nty, ~7, ~o~m~r 5, I973, p.
2,. CI{~.~F, J., citing ~Z~ v. C~, 59 MiSC.2d t050,
1052.
%~rou~h~ut these ma~y mon%hs, notwithstanding the
recL~ssification and ~tatus established to
~estion, ~e Petf.~:ioners here~n h~ve in
in an effort ~3~) ~7~ake use of th~_s !and within the ~ope of
u~rly ~ca~se ~e pro~rty is not reasonably
resi~ntial use, in vi~ of its ge~ra~lc l~at~n.
an ordi~n~e ~s so far as to preclu~
p~rty f~r any pu~ f~r whi~ it is ~rea~bly
~e~ it is c~is~t~ry and ~st
-~e 11-
almost the same type of circumstance as is prevalent herehl,
the Court held in that case, that the town board's determina-
tion was unreasor~ble, arbitrary and capricious, and that
the ordinance ~as unconstit%lttonal in its application.
what has occurred here by reason of the Enactment
is a declaration to prevent the natural growth of the
in accordance with a #c~.prehensive plan". In GOLDEN v.
PZANNING B(~RD OF RA~PO, 30 ~d 359. the Court said,
"Zoning is a means by which a governmental bo~y can plan for
the future -- it may not be used an a ~eans to deny the
It therefore must follow that the zoning pm~er of a mtulici-
pality ~/=t have a legit~mate ~urpose, as well as a reL~t~otl
to the p~liee p~wer and the social, physical and
c~nditions ~ot ~nly within the munici~lity but within the
entire region. If e~ch ordin~nce clothes its txue
in rectit~d~ to effectuate an altogether different
the ordinance will not be ~held and is in fact invalid.
Here the property was "is~lated", that its restriction t~
residential agric~lt~arml use is ~areas~nmble a~d in fact
there was n~ beeis or grounds u~on which to impose a
reclassification of such isolated parcel of property.
12-
~qlat is especially ~igni£1cant is the f&ct th&t
b~cause of ~e 9rox~ity nn~ l~ti~n of ~e p~rty, f~nt~
on ~in R~d, ~hich i~ a ~jor hi~y a~ traffic
~e ~rceI (acreage) is not ~ui~ble for resi~ntial
~r~e~re, tt is ~dis~d ~at by ~e e~c~nt as
this pretty there is the reduction in ~lue of ~e ~r~l
so as to p~clude ~e u~ of ~e p~y for ~e
to ~h it was unr~sonably (e~n~ically) ad.ted.
a~ is confi~atory and unconsti~ti~l. (~S v.
OF ~. ~, 307 ~ 493) such a~ion as heretofore
in ~e ~t~e of re-z~ing has t~lly ~stroyed ~e
~lue o~ O~ p~rty and signifi~ntly depri~d the
Petitio~rs of ~eir ~terests ~ere~.
It is respectfully contained that the zoning clmssi-
fication affixed to the within l~ro~erty amounted to a reverse
"spot zoning", and an ~unlaw£ul "taking" of pzol~erty withotrt
due process. At such disposition it violates the Constitu-
tions of ~e United s~ates and o~ ~/%e State of ~w York.
-Page 13-
Respect fully sub~itted,
IRVING Io MILLER, ~s~.
Attorney ~or pe~itioners
Office & P.OoAd~ress
~32 Pe~peridge P~osd
P.O. BoX 529
%~e~ltI:~ry, !~'.Y. 11590
(516) 333-2930
CONSULT YOUR LAWYER BEFORE SIGNING THIS ~.~$TRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS AGR~'I=MENT, made the 7~
day of April , nineteen hundred and seventy
BETVSEEN ALBERT A. EACCO, residi~'~g at Hill Road, Box 721, Tog;n of
$0uthold, Suffolk County, New York,
hereinafter descr~ed as the seller, and LOUIS ZAINO, residing at 21 ~. Grand :2=feet,
Westbury, New York, 11590 and ARMANDO SARDELLI, re.~iding
at 50 Lafayette Avenue, I,'estbury, New York
hereinafter described as the purchaser,
%V/TNESSETH, thattheselleragreesto ~llandconvey, andthepurchaseragreestopurchase, allthatcerta~plot, piece
~rparce~f~and~thtbebui~dingsandimpr~vementsthere~nerected~situate~yingandbeing)~ieat ~econLc,
town of southold, County of Suffolk, ~tate of New York, bounded and
descri~ed as follows:
BEGXNN~N~ at the corner formed by the intersection of the southerly
~ide of Hain Road (Route 25) and the westerly side of Indian Neck
~ane;
'~-~ South 24" 0O' 00" East along the westerly side of Indian Neck
Lane a distance of 841.32 feet to a point located on the northgast
corner of the land now or formerly of Albert M. Garbade;
'~CE R~I~ im a s~therly dir~tion along the northerly line of
the land ~ or fo~erly of Alert M. Oarbade, South bO" 0O' 00" West
231.46 feet to ~ ~int;
~ R~N~ im a southerly direction alo~ the westerly line of
~he land of Alert M. ~arbade and B. O. ~ee, South 24" OO' ~0' East
a distan~ of 572.89 f~t ~o m ~int ~ated on the northerly side of
the land n~ or fo~er~y of ~cas
'~E R~{X~ in a ~sterly dir~tion ,1~ the northerly li~ of
the land n~ or fo~aerly of Lucas Pontino, South 61" 21' 1)" West
319.86 feet to a co~rete monument~
~{CE R~X~ in s northerly direction alo~ the easterly line of
~he land n~ or formerly of Koroleski, North 21~ 47' 1O' west
1266.95 feet to a point l~ated on th~ southerly side of Main R~d
(Route 25);
~E R~ in a ~rtheasterly direction alo~ the southerly side
of Main Road (Route 25) N~th 46· 35' 20" East 521.59 feet to the
concrete monument; the ~int or place of
SUBJECT TO any state of facts an accurate survey may show provided
same does not render title unmarketable.
SUBJECT TO covenants, restrictions, reservations, utility eas4~ments
and agre~muents of record, if any, provided same does not prohibit
the maintenance end use of the present structure o~ said demised
land, if any.
This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or
avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest
of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said
premises by r~ason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of
title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of
any such award.
The pfis. k
Dollars. payab~e~nw
Dollar
on the signing of this contract, by check subject to collection, the receipt of which is hereby a~,,'t~dged;
~ Dollar
in cash or good certified check on the delivery of the deed as hereinafter p~
by taking title subject to a mortgag~n on saicl premises in that amount, bearing interest at th
rate of per cent per annum, the pn~tte and payable
Dollars
by the purchaser or assigns exec~.i~~ng tothe seller a bond or, at the option of the seller, ~
Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title
Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchaser.
who shall also pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all
revenue stamps that may be necessary. F{~'O fO~' $~:'i.I.¢}~*..q .~k.~O~eiqey .~]:~,~.l. riO'?. O3.:e~:~cJ ~0C
If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be subject
and subordinate to the lien of the existing mortgage of $ , any extensions
thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any
extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent per annum and (b)
that. if the principal amount thereof shall ~xceed the amount of principal owing and unpaid on said existing mortgage at
the time of placing such new mortgage or consolidated mortgage, the excess he paid to the holder of such purchase money
mortgage in reduction of the principal thereof, Such purchase money mortgage shall also provide that such payment tn the
holder thereof shall not alter or affect the regular installments, if any. of principal payable thereunder and shall further
provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree-
ment or agreements further ~:o effectuate.such subordination.
If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper
certificate executed and acknowledged hy the holder of such mortgage and in form for recording, certifying as to the amount
of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the
fees for recording such certificate.
Said premises are sold and are to be conveyed subject to:
I. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by
existing structures.
2. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under
or above any street or streets on which said premises may abut.
3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
Cit~ of
All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart-
ments of Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting
the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same,
and this provision of this contract shall survive delivery of the deed hereunder. The sellex shall furnish the purchase~' with
an authorization to make the necessary searches therefor.
If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess-
ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge
or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including
those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and
to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed.
The following are to be apportioned:
(t-)-Rent~ as and wh~ttected. (2) lnte,~st .m mo, tgas.-s. (3) Premiums on exbting traasferahk insaranec polielcs
or ren~,s, ats of those-expi~hig prlc. i to thtebslm~. (4) Taxes and sewer rents, if any. on the basis of the fi~cal ye.~ for
which assessed. (5)A~at.~ chazs~ vu the b,:~i~ ~gf the ,~h.d,,r
· if the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the
I lax rate for Ihe next preceding year applied to the latest assessed valuation.
]if there be a water meter on the premises, the seller shall furnish a reading to a dale not more than thirty days prior to the 'time
herein set tot closing title, and the unfixed meter charge and the unfixed sewer rent. if any, based thereon for the intervening
time shall be apportioned on the basis of such last reading.
deed in proper stalutow short form for record and shall be duly executed, acknowledged, and have revenue stamps in t~e
pro~ amount a~xed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said
premises, free of all encumbrances, except as herein stated, and shall also contain the covenant required by subdivision 5 of
Section 13 of the Lien Law.
amount of the ~eal Pro~rty Transfer Tax im~sed by Title I of Chapter 46 of the Admlni~t~-t}~ Code o[ the ~lty of New
York and will also deliver to the purchaser the return ~eauired ky thc ~id ~thtute and the repletions issued pursuant to the
authority thereof, duly signed ann ~v~.~ to b~ the sel~er; the purchaser agrees to s{~ and swear t~ the said return and to
, ~ ..... L ' ' 'and th. ~ald rellim lo he delivered to ~ho City Revi~ter nromnllv after the clnsin~ of the title.
~ ~t~a~ ~v~.~3he ourcha~r shall accept a title such as
, a Member of the New York Board of Title Underwriters, will approve and insure.
All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and
of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after
default by the purchaser under this contract7
sented to be owned by the seller, free from all liens and encumbrances except ahs ereln stated, a ' n ~s sale;
without limiting the generality of the foregoin~y ~clude plumbing, heating,
lighting and cooki~~'a!s, bathroom
and kitchen cabi or mirrors, venetian blinds, shades, screens, awnings, storm windows, w/ndow boxes, storm
The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge,
with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the
option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with
interest and penalties thereon figured to said date are furnished by the seller at the closing· If at the date of closing title there may
be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the
balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title
instruments in recordable torm and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording
or filing said instruments. The purchaser, if request is made w/thin a reasonable time prior to the date of closing of title, agrees
to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to
facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances
shall not be deemed objections to title if the seller shall comply with the foregoing requirements·
If a search of the 6tle discloses judgments, bankruptcies or other returns against other persons having names the same as or
simiIar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank-
rupt,'ies or other returns are not agaimt the seller O;' If ~J.~O ~L£ i-ll£1~ih",'lb.l.O ~, '[~}10 t.i"'..~_r~ t O.
in the event that the seller is unable to convey title in accordance with the terms of this contraS, the sole liability of the seller
will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the
title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any
survey made in connection therewith incurred by the purchaser, and upor~ such refund and payment being made this contract
shall be considered canceled.
Th~..d.e,ed~ ~e delivere4 upon the receipt of ~id payments at the off:ice of
,, ~ ,~-:.,~ .~, 2 P.H. ' ' '~'~ '1~
The parties agree that
brought about this sale and the seller agrees to pay the commli~ion at.tl~
r'tal~ B~ks~c m th~ locality w, horo tho pre~ty ts ~u-t_8,
It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this
contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation,
neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has
inspected the buildings standing on said premises and is thoroughly acquainted with their condition.
This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs,
executors, administrators, successors and assigns of the respective parties.
· If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be
construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. ,'
In presence of:
HOT'E: FIRE LOSSES. This form of contract contaios no express provision as to risk of loss by fire or other casualty
before delivery of the deed. Unless express provision is made, the prov/sions of Section 5-1 311 of the General Obligations
Law w/Il apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing.
RIDER ANNI'iXED TO CONTRACT OF SALE
BETWEEN ALBERT A. SACCO AS SELLER
AND LOUIS ZAINO AND ARMANDO SARDELLI
AS PURCHASERS FOR THE PURCHASE OF LAND
LOCATED AT PECONIC, TOWN OP S(~J[aiOLD,
CCA;q~TY OF SUFFOLK, STATE OF NEW YORK,
DATED %~{E 2~th DAY OF APRIL, i970.
1. The price is Eighty Thousand ($80,000.00)
payable as follows=
Eight Thousand ($8,000.00) Dollars on the
signing of this eontract by~,heck or checks
subject to collection the receipt of which is
hereby acknowledged;
Fifteen Thousand Two Hundred ($15,200,00)
Dollars in cash or good certified check on the
delivery of the deed aa hereinafter provided;
prepay without
thereof.
Fifty-six Thousand Eight Hundred ($56,800.00)
Dollars by the purchasers or assigns executing,
acknowledging and delivering to the seller a bond
or at the option of the seller a note secured by
a purchase money first mortgage on the above
premises/land, in that amount, payable five (5)
years from date of closing; together with interest
at the rate of 6% payable quarter-annually;interest!
only shall be payable during the first two (2)
years of this mortgage; thereafter, in addition
to said quarter-annual installments of interest,
principal reductions of Four Thousand Seven Hundred
Thirty-three and 33/100 ($4,733.33) Dollars each
shall be paid et the beginning of the third,
fourth and fifth years of this mortgage, quarter-
annually.
Purchasers shall have the right at any time to
penalty the said mortgage in whole or any part
2. That the dow~ payment made herein .i by the
9urchssers to the seller in the amount of Eight Thousand ($8,000.0C)
Dollars shall be held in escrow by the attorney for the seller
Pending title closing.
3, It is ~derstood between the parties hereto
that the seller is under an oral lease and arrangement with one
Frank Chicanowicz, Jr., residing at Route 25, Peconic, New York,
wherein the said Frank Cichan~wicz, Jr. is presently leasing
approximately, but not more than, twelve (12) acres of the herein
demised land for the purpose of growing sod. That the sale
herein between the seller and purchasers is further subject to
the present tenant entering into and ~xecuting a written lease
with the purchasers herein simultaneous with the execution of
the deed herein and passage cf title wherein and whereby the
said tenant shall continue to lease the aforementioned acreage
.for the same purpose at the price of Fifteen Hundred ($1509.00)
Dollars per year (at the rate of $125.00 per acre per year) for
i'ia term not exceeding or extending beyond October 15, 1972.
In the event that the said tenant shall refuse ko
enter into such agreement for reasons best known to himself, then
~in that event, the sale herein is subject to the seller herein
obtaining an executed document from the said tenant wherein the
'tenant relinquishes all right, title and interest in and to the
demised premises, tenancy and use thereof; that the said tenant
shall thereupon vacate and remove from the demised premises
'together with the existing sod crop, if any, on or before but
in no event not later than October 15, 1970, time being of the
essence; that the tenant shall continue to psy to the purchasers
:herein upon them having taken title to said demised land/premises,
the rental as same may be adjusted at the rate of $125.00 per
~acre per year up to 8nd including October 15, l~7iJ. This pro-
iivision shall survive the closing of title herein.
4. If any past due rentals are due and owing by
the tenant at the time of closing of title the same shall not be
considered an item of adjustment to be made herein and there
shall be no obligation upon the purchasers to collect same for
and on behalf of the seller.
5. The seller agrees that he will not enter into
~i,ny leases or other agreements, oraL'or in writing, for the
i~leasing, occupancy, tenancy of the demised land/premises between
~the time of executing the within instrument and the time of
cl°sing'
6. The mortgage shall provide that during the
term of the mortgage herein the purchasers shall not arbitrarily
remove the top soil from the land/premises or the stripping thereo~
except that if in the event purchasers elect to build or construct
on any part or portion of said premises or to sell any portion
~of said land/premises for the purposes of construction, then,
iin that event, the top soil may be removed ~nd wherever feasible
~ito be moved or spread about fr~ place to place on the remaining
!I unia%proved land.
7. The seller hereby represents and warrants
that the premises herein being demised, that portion thereof set
on the Main Road for a distance of 521.49' to a depth of 200',
are zoned "B" Business under the Southold Town Zoning Ordi~ance.
~The seller further represents and warrants that as to the remain-
!ing portion of the premises covered by this contract, said pr~uise~
are zoned "A" Agricultural and Residential under the Southold
iTown Zoning Ordinance.
,, 8. The parties further agree that the purchasers
iihave the right of assig~ent of this contract to any other person
iior corporation subject to having the seller notified within ten
!(10) days prior to such assignment.
9. It is further agreed that the purchasers~
{~ortgagors have the right at any time following passage of titl~
iherein to use,maintain, build, constr~%ct and do ~hstever purchasers
ilmay desire with said property without any interference, objection
!lot restriction by the seller as long as same does not depreciate
ithe property and is in accord with the applicable zoning and
~municlpal ordinances or laws.
-2-
10. That the o%v~r, seller or authority of this
mortgage wil~ upon request and without cost, execute, mcknowledge
and deliver instrt~ents in order to effectuate the following, if
necessary:
i. Consent to the submission and filing of
s map and to the filing of subdivisions of said
map as may be required by the municipal authoritie~
having Jurisdiction over the m~pping of the acreag~
ii. Con~ent and subordinations to the filing
of usual easements for the installation of public
utilities, including gas, water, electricity and
telephone, on the streets and along lot lines, and
for dedication of street areas, park areas and
drainage.
iii. Consent and subordinations to the filingl
of the protective covenants and restrictions which
may be required by duly licenses financing in-
stitutions as a condition precedent to issuing
any mortgage on the land or to the insuring of
mortgage loane which may affect the mortgaged
premises.
11. That the mortgage shall contain a clause as
well as the bond or note thereunder which it secures in the within
contract. That it shall not obligate the mortgagors further~ than
Ito bind their right, title and interest in the mortgaged premises
and on any default thereunder, no deficiency or other personal
li jud~-gment shall be rendered or entered against the mortgagors.
ALBERT A. SACCO, Seller i
LOUIS ~AINO, ~-urchaser '~
-3-
Armando Sardelli, Purchaser
TO: TItM SOUTHOLD TOWN BOARD and THE SOUTHOLD TOWN ZONING
BOARD OF APPEALS
The undersigned, as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (includtnE the
Building Zone Maps) by changing from "A" Residential
and Agricultural District to "B-l" General Business
District the property of Louis Zaino and Arr~u~do
Sardelli situated at the corner formed by the inter-
section of the southerly side of Main Road (Rt. 25)
and the westerly side of Indian Neck Lane~ Peconic.
TO: 'i~ SOUTHOLD TOWN BOARD and THE SOUTHOLD TOWN ZONING
BOARD OF APPEALS
The undersigned~ as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (inclua~ng the
Building Zone Maps) by chan~ing from "A" Residential
and Agricultural District to "B-l" General Business
District the property of Louis Zaino and Armando
Sardelli situated at the corner formed by the inter-
section of the southerly side of Main Road (Rt. 25)
~nd the westerly side of Indian Neck Lane, Peconico
-~ t_Y/~ .. ? ~ U
TO: '~ SOUTHOLD TOWN BOARD and THE SOUTHOLD TOWN ZONING
BOARD OF APPEALS
The undersigned, as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (including the
Building Zone Maps) by changing from "A" Residential
and Agricultural District to "B-l" General Business
District the property of Louis Zaino and Armmndo
Sardelli situated at the corner formed by the inter-
section of the southerly side of Main Road (Rt. 25)
and the westerly side of Indian Neck Lanej Peconic.
TO: 'l~ SOUTHOLD TOWN BOARD and TI~ $OUTHOLD TOWN ZONING
BOARD OF APPEALS
The undersigned, as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (inclua~ng the
Building Zone Maps) by changing from "A" Residential
and Agricultural District to "B-l" General Business
District the property of Louis Zaino and Armando
Sardelli situated at the corner formed by the inter-
section of the southerly side of Main Road (Rt. 25)
and the westerly side of Indian Neck Lane, Peconic.
TO: Tt~ SOUTHOLD TOWN BOARD and THE SOUTHOLD TOWN ZONING
BOARD OF APPEALS
The undersigned, as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (including the
Building Zone Maps) by changing from "A" Residential
and Agricultural District to "B-i" General Business
District the property of Louis Zaino and Armando
Sardelli situated at the corner formed by the inter-
section of the southerly side of Main Road (Rt. 25)
and the westerly side of Indian Neck Lane, Peconic.
TO: 'l~ SOUTHOLD TOWN BOARD and THE SOUTHOLD TOWN ZONING
BOA.RD OF APPEALS
The undersigned, as residents of the Town
of Southold, object to and protest the proposal to
amend the Building Zone Ordinance (inclu81ng the
Building Zone Maps) by changing from "A" Residential
and Agricultural District to "B-l" General Business
District the property of Louis Zaino and Armando
Sardelli situated at the corner formed by the inter-
section of the southerly side ofMain Road (Rt. 25)
and the westerly side of Indian Neck Lane, Peconic.
NOnCa OP ~s~a o~
ZO~IN60lml~ANCE
Pursu~t {i~ $~ion/2~ of the
Town ~t and' ~eq~i~mems of
:the B~ilding ~ne ~dinance of
t~e Town of ~uth~d. Suffolk
County. ~w York. public hearing
~l be h~ by the ~uthold Town
~r~ in i~e Offwe of the S~per-
~r, 16 ~uth itree/,,Green~,
~ew York, in said Town. ~ the
27th;day of August~ 1974, on the
~ttowing pm~sal to amend thc
~iiding Zone O~di~ance (includ-
i~ the, B~lding~ne Maps) d
the Town of Southold, Suffolk
C~nty, New York.
s~ P,~,i~;D.S.T.) by chang-
~t~~ ~A ~ R~ia[ and
~ ~&i~es, oiS~d~ ma pro-
~L~uis Zai~o and Armando
:Sardelli situated at Peconlc. Town
County, New ~
, pl~rticalarl~
as fol-
c~mer
formed by th [ the
southerly Rolul
,(.Route 25).a~i ' ride
of ~d~an ~ [ outh
24~00' 00" I~st tl~e ~vester-
ly ~'side Qf ~ttan ~, Lane a
dlStazce ~ 212.~5 ~t ~[~ S point
located on the northe~t, ci~'~er of
, the laid, npw of ~ ~ and
A~an~ S~delli~ ~ ~n-
ning in a.~uthw~ly, d~n
t~d
alOns· s~utherly
now of Louis Zaino~[
S~'rdelli South 46e~
S~,4i feet to a~
~ing in a
along the easterly
n~ or formerly
No~h 21~47' 10" W~t
Indo
~rest
land
~raleski
,~14 feet
to a point located on the southerly
side of Main Road~ (Rdute 25);
thence running in a northeasterly
direction along the southerly side
~[ Main Road (Route 2S) North 46
3fi' 20" East 521.$9 feet to the
concrete monument, the point
place of BEGINNING.
Any person desiring to he,
heard on ~the above proposed
amendment should appear at the
time a~d place so specified.
DATED: August 12, 1974
BY ORDER OF THE SOUTHOLD
TOWN BOARD
ALBERT W. RICHMOND,
~--TOWN CLERK
IT, 8/15
COUNTY OF SUFFOLK [, ss:
STATE OF NEW YORK
C. \¥hi~,.L~f2~}J~,, ,rl~.~ being duly sworn, says
that he is the Editd/,r~ff.o~'~'jzlE LONG ISLAND
TRAVELER - MA'I-FITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once each week for .....~./~.'Z:'£.-~....-.(-.Z'f'.' weeks
'
successively, commencing on the ............
of ......... ......... ,
. ..~:t~::.x~..~:.~ .....;/ ....... ::..:::.....~) .....................
Sworn fo before me this ....... .~/~ ......... do'/ of
....... .......
y
/ ..... .........
.................. '~-o'~ ~,~,~
NOTICE OF ItEARINC~
ON PROPOSAL TO
AME~ ZONII~ Olml~CE
~ tO ~85 of the
the Su~,g ~ce of
the l'own~ o~ SUffolk
County,
heari~ will t the
SouthOld '~ the
b~
1" Ge~ral Busim~ District the
P~~is Zaino and
~~ ~t~t~ at
Peco~ ~of Southold,
m~ ~] ~ ~d
~um~ly ~ ~ ~n ~d
(~ ~) ~d q ~ly side
of ~ s~ ~; ~ee
~u~ ~ d~,~" ~st
~o~ ~ w~ly~ d h~an
no~t ~ ~ me ~w
of ~s ~d ~
soumw~rly ~ction ~ong a
~utherly l~e of ~e l~d now of
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
Stuart C. Doman being duly Sworn,
says that . .h..e... is Printer and Publisher o! the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and mat the notice, of which the ~v~nex~ed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, tar ..... one ( 1 ) weeks
succ~ssive~y~m~S on me .......... .~.~.~..h
day · ·
Sworn to before me this ....~.~.h...
d~ ~ ~ ~' ~o"....~~
_-,al~ ~ ,.,V~ d~on / ~6: ~":l[?'.~'~'~ '~u~f,l'S£N~) ....
~o" West m. '~.t,~., pant
r-mtfng tit a' no~gleasterly
of ~ Road (Route ~) North ~
de~re~s ~' ~0" ~st ~1.59 feet to
the concrete monument, tile point
or place o( BEG1NIqlNG,
.amy per~ des~ to be heard
on the above proposed amend-
ment should appear at the time
and place so specified.
DATED: A~ust 12, l~q4
BY OPE)ER OF ~
SOUTIiOLD TOWN BOARD
Al,BERT W. RICHMOND,
TOWN CLERK
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
SouthoLd, New York,
SS:
ALBERT W. RICHMOND,
being duly sworn,
age of twenty-one years; that o~ the
1974 he affixed a notice of which
is ~ true copy,
public place in
York, to wzt:-
in a proper and substantial ~an?e~
the Town of Southeld, Suffolk Conn.?
Legal Notice Change of Zone Hearing
Zaino & Sardelli 8:00 P.M. - August 27, 1974.
Town Clerk Bulletin Board, Town Clerk
Main Ro~d, Southold, LoI.,N.~'~.
Sworn to before me this
20th day of August
Albert W. Richm{~nd, '~own .'} r}<
i9 74
,H T £CKFH
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING ORDINANCE
Pursuant to Section 265 of the Town Law and Requirements of
the Building Zone Ordinance of the Town of Southold, Suffolk
County, New York, public hearing will be held by the Southold
To%~n Board in the Office of the Supervisor, 16 South Street,
Greenport, New York, in said Town, on the 27th day of August,
1974, on the following proposal to amend the Building Zone
Ordinance (including the Building Zone Maps) of the Town of
t Southold, Suffolk County, New York.
8:00 P.M. (E.D.S.T.) by changing from "A" Residential and
tAgricultural Distric~ to "B-I" General Business District the
property of Louis Zaino and Armando Sardelli situated at Peconic,
Town of Southold, Suffolk County, New York, and more particularly
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the
southerly side of Main Road (Route 25) and the westerly side of
Indian Neck Lane; thence south 24" 00' 00" East along the
westerly side of Indian Neck Lane a distance of 212.05 feet to a
point located on the northeast corner of the land now of Louis
~aino and Armando Sardelli; thence running in a southwesterly
direction along a southerly line of the land now of Louis Zaino
and Armando Sardelli South 46" 35' 20" West 530.41 feet to a
point; thence running in a northerly direction along the easterly
line of the land now or formerly of Rose Koraleski North 21" 47'
10" West 215.14 feet to a point located on the southerly side of
Main Road (Route 25); thence running in a northeasterly direction
along the southerly side of Main Road (Route 25)North 46° 35' 20"
East 521.59 feet to the concrete monument, 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: August 12, 1974 BY ORDER OF THE SOUTHOLD
TOWN BOARD
ALBERT W. RIChmOND, TO~ CLERK
Legal Notice
Page 2
PLEASE PUBLISH ONCE, AUGUST 15, 1974, AND FORWARD FOUR (4)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN CLERK, MAIN ROAD,
SOUTHOLD, NEW YORK.
Copies mailed to the following on August 12, 1974:
The Suffolk Weekly Times
The Long Island Traveler-Mattituck Watchman
Supervisor Albert M. Martocchia
Irving I. Miller, Esq.
NORTH FORK ENVIRONMENTAL COUNCIL, INC.
Box 311, Soufhold, New Yorl~ 11971
August 27,1974
Southold~ Town B~ard
S~uth Stree~
Gr~e~po r~, New~ York
Gentlemen:
In regard to the ~]~lication of Lomis Zaino. and Armando Sardelli,
for a~, change of zone from A to B1, location: Indian Neck Lane and Main Road
Peconi~, New Yo, rk, The North l%rk Environmental Council g~rongly opposes
the granting 0'3 this~ change for' the following reasons:
1. The Master' Plan shows this property to be A-R and we feel this plan.
must be followed for' orderly growth in Southold Town.
2. We feel the granting of this would be "spot zoning" and change the
charaoter of the area, one ~ ' ' .~we~ is ~1~ one of the finest
A~-residential area~in Southold Town~
3. Again we feel that a change of zone without restrictions could produce
numbers of problems as there is no guarantee as to the business that
would be placed there if the owners plans change or that the property
changes hands.
We; do therefore urge you to deny this application~
Sincerely,
Loraine S. Terry,Pres.
N~EC
COMMISSION
Seth A, Hubbard
Chairman
Lee E. Koppelman
Suffolk County Department of Planning
Veterans Memorial Highway
JOHN V.N. KLEIN, County Executive
Ha~pFa~ge, L. L, N. Y.
979-292O
August 5, 1974
Mr. Albert W. Richmond, Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re:
Application of "Louis Zaino and
Armando Sardelli" for a proposed
change of zone from "A" Residential
to "B-i" Business, Town of Southold
(SD-74-10)
Dear Mr. Richmond:
Pursuant 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 is inconsistent with the Town Master Plan which designates this area
for residential development;
2. It is inconsistent with the pattern of zoning in the locale and there-
fore must be considered as "spot zoning";
3. It would tend to establish a precedent for the further perpetuation of
undesired strip commercial development along Rte. 25; and
4. It is inconsistent with the residential character of the surrounding
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
GGN:fp
Southold Town Planning Board
E~OUTHOLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
July 10, 1974
Southold Town Board
16 South Street
Greenport, New York 11944
Gentlemen:
The following action was taken at a regular meeting
of the Southold Town Planning Board held on July 8, 1974.
On motion made by Mr. Wickham, seconded by Mr. Raynor,
it was
RESOLVED that the Southold Town Planning Board
recommend to the Southold Town Board denial of the petition
of Louis Zaino and Armando Sardelli requesting a change of
zone on certain property situated at Peconic, New York, from
"A"~Residential and Agricultural District to "B-l" General
Business District. This petition seems to be based on the
illegality of the zoning law. To the best of the knowledge
and belief of the Southold Town Planning Board the zoning
laws of the Town of Southold are constitutional and were
adopted after due process and the Southold Town Planning
Board feels that the existing use of the property as zoned
is correct.
Vote of the Board: Ayes: Wickham, Raynor, Coyle, Moisa.
Absent: Grebe.
Yours truly,
Southold Town Planning Board
Town Of Southold
TOWN CLERK 765-378.3
Building Dept. l
Planning Bd. 765-2660
Board of Appeals
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the C~eneral M'unicipal Law, Chap+er 24, of the Consolidated Laws, Article 12-B, Sections 23%1
and m, the ~ ~ of the town of Southold, N. Y. hereby refers the following
(agency involvedI
proposed zoning action to the Suffolk County Planning Commission:
[check one)
New and recodlfied zoning ordinance
Amendment to the zoning ordinance
Zoning changes
Special permits
Variances
Location of affected land:
within 500 feet of: (check one or moreI
Town or village boundary line
State ~ road, J)~,~l~)t,~-
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
(signed)
Title
Date recelved by Suffolk County Plenning Commission .........................
Fib No
ALBERT W. ~I~HMFIND
nFF~ERK
SE}UTHnLD, L. I, N. Y, llCJ?l
June 19, 1974
Mr. John Wickham, Chairman
Southold Town Planning Board
Cutchogue, New York 11935
Dear Mr. Wickham:
The original petition of Louis Zaino and Armando
Sardelli requesting a change of zone on certain property
situated at Peconic, New York, from "A" Residential and
Agricultural District to "B-l" General Business District
is in the files in the office of the P~nning 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 affected with the recommendation
of your Board.
Very truly yours,
Albert W. Richmond
Town Clerk
Mr Irving Miller~ Attorney
832 Pepperidge hoad
Westbury, N.i. 11~90
June 10, I
Dear Sirs
Receive~ i'ro~ the 'Aown Clerk today~ your aopiication A/C
Loui~ ~u~o ~k ~rmando Sardelii fro eh~ge of zone from ".~,' to "B-I"~
appeal ~ 225.
Recei~t for fee $ 100~00 enclosed.
This will be forwareed to the Town Bosrd on June 18th and
refferred to the Planning Board for processing.
louts truly
BuiidinE inspector ~
1AW OFFICES
IRVINO I. MILLER
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
PEPPERIDGE ROAD
P. O. BOX 529
WESTBURY, NEW YORK 11590
~16 - 333-2930
June 7, 1974
Clerk, Town of Southold
Main Road
Southold, N.Y. 11971
Dear Sir:
On behalf of Louis Zaino and Armando Sardelli, enclosed
herewith please find six duly executed copies of application for
modification of zoning of that portion of the property more
specifically identified in the shaded area on the attached maps.
Also in conformance with the application, please find
six copies of maps as prepared by Roderick Van Tuyl, P.C.,
Greenport, N.Y., dated May 8, 1974, as well as general contour
maps of similar date.
Accompanying the application herein is my check in the
amount of $100.00, representing the requisite fee. Would you
please be good enough to acknowledge receipt and advise as to the
date of hearing. Thank you for your courtesy and cooperation.
Very truly yours,
IIM/rr
Enc.
CASE NO: .......................
STATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF LOUIS ZAINO and ARMANDO SARDELLI
FOR A C1L~NGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO T~E TOWN BOARD OF THE TOWN OF SOUTHOLD:
LOUIS ZAINO 10 Terrace Ct., Old Westbury,
1. ~ ...~P~MA~DO...~ARD]~LL~ ....................... , residing at ]~.9...~..1..v..e..]$~..r..d....L~..,..,...}I.~.~.i~gton,
(insert name of oetitioner)
r e spec~ lve-y, a r e
Nassau & S~ffolk County, New York/the undersigned, ~f~ the owne~of certain re~l proper~y situated at
............. ~..e..c_9.n..i_c. ............................... and more particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Main
Road (Route 25) and the westerly side of Indian Neck Lane; thence South 24° 00'00"
East along the westerly side of Indian Neck Lane a distance of 212.05 feet to a
point located on the northeast corner of the land now of Louis Zaino and Armando
Sardelli; thence running in a southwesterly direction along a southerly line of
the land now of Louis Zaino and Armando Sardelli South 46° 35'20" West 530.41
feet to a point; thence running in a northerly direction along the easterly line
of the land now or formerly of Rose Koraleski North 21° 47'10" Wast 215.14 feet
to s point located on the southerly side of Main Road (Route 25); thence running
in a northeasterly direction along the southerly side of Main Road (Route 25)
North 46° 35'20" East 521.59 feet to the concrete monument, 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 the Building Zone Maps heretofore made a part thereof, as ~o]lows: To ~einsta fie
the zoning classification of that portion of the real property more particularly
identified, situated and described by the attached maps dated May 8, 1974 msde
by Roderick Van Tuyl, P.C., Greenport, New York, relating to the area fronting
on Main Road at the intersedtion with Indian Neck Road constituting 2.415 acres
as shaded on said map from "A" to "B-l" being the original classification of
zone for that portion of the premises, heretofore had prior to the enactment
of the Southol~ Town Zoning Ordinance of November 23, 1971.
3. Such request is made for the following reasons: 1) The statutes which
create the authority to have permitted the enactment of the Southold Town ~oning
Ordinance of November, 1971 were unconstitutional, arbitrary and unreasonable;
2) the enactment of the Southold Town Zoning Ordinance of 1971 was in violation
of the constitutional rights of the petitioners herein; 3) that the present
zoning classification is an invasion of the petitioners' legal and constitutional
rights to own and put the property to its high~st and best use; 4) that Petitioners
were caused to suffer significant economic injury by the application of the
(Continued on next page)
existin,q zoning ord2 ze which was not justifi nd was in fact not in any
~ai,~el harmful to the public health, safety and welfare; 5) that the enactment
of the said zoning ordinance was an abuse of discretion as a matter of law
and equity; 6) that the present classification is consistent with spot zoning
in violation of petitioners' rights; 7) that the rezoning constituted a
confiscatory act on the part of the Town with deprivation of rights, consti-
tutional and civil, of petitioners herein; 8) that the change of zoning enact-
ment was committed without proper and due notice to petitioners; 9) that the
enactment is in violation of the equal protection clause of the United States
and New York State constitutions and in violation of the exercise of police
power and authority; i0) that thc enactment and enforcement of the present
classification of the property does not serve a legitimate public interest;
11) that the enactment and rezoning was without comprehensive planning and
impacted to effectuate the present result against these petitioners specifically.
Memorandums of Law substantiating petitioners' position on all of the
foregoing will be submitted upon the acknowledgement of the within application
and prepared for argument at the hearing.
STATE OF NEW YORK,)
NASSAU
COUNTY OF SI~I~](~,,)
LOUIS ~,AINO and
· AP~4A~..~[4I~I ...................... , BEING DULY SWORN, depose~and say~ that
are
t h~,'i~ the petitione~Sin the within action; thatth~t~ h~ eread the foregoing Petition and knov~
the ~r
the contents thereof; that the same is true to~o~) own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to those matterstheybelieves it
to be true.
(L s-X '..~. ,~.. ~~
Sworn,~re me
this5th ,/ . - June 74
· ?-ffey ot . . ./~ ................... 19 ....
AIN
ROAD
/