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HomeMy WebLinkAbout1000-121.-6-1SCTM # 1000-121.00-06.00-001.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, described as follows: BEGINNING at a monument set at the extreme northerly point of the arc of a curve that connects the westerly side of Cox Neck Road and the northerly side of Sound Avenue; running thence southwesterly along said arc of a curve, said arc of a curve having a radius of 66.50 feet a distance of 127.69 feet to a monument; running thence along the northerly side of Sound Avenue, South 87° 46' 50" West, 375.00 feet; running thence North 2° 13' 10" West, 400.00 feet; running thence South 67° 47' 40" East, 270.00 feet to the westerly side of Cox Neck Road; running thence along said road, South 22° 12' 20" East, 428.85 feet to the point or place of BEGINNING. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 12, 2000: WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation fi.om LB Limited Business Zoning District Designation to the R-80 Residential Low Density Zoning District Designation of a certain parcel of land lying in the Town of Southold identified by SCTM # 1000-121.00-06.00-001.000; and WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel fi.om any one of the industrial or commercial zones in the Town of Southold to a single-family residential or Agricultural Conservation zone shall not require further SEQRA review." And this proposed action meets this criteria; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GEIS findings statement; and be it RESOLVED the Town Board found that for the above action there is no other involved agency, that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action; all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the Southold Town Code; and be it further RESOLVED by the Town Board that this proposed project will not have any significant adverse environmental impacts and therefore the Town Board issues a NEGATIVE DECLARATION pursuant to the SEQRA rules and regulations. h AJ Neville Southold Town Clerk September 12, 2000 PLANNING BOARD MEMBER~ BENNETT ORLOWSFLI, JR. Chairman WILLIAM d. CREMERS KENNETH L. ED~VARDS GEORGE RITCHIE LATHAM, JR, RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765~1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 24, 2000 Elizabeth Neville, Town Clerk Town Hall Southold, NY 11971 RE: CR 48 Changes of Zone Dear Mrs. Neville, RECEIVED AUG 2. Southold Town Clerk The Planning Board has again reviewed the recommendations of the Cramer Consulting Group in the above study. Our conclusions are the same as contained in the Board's letter to you of October 8, 2000, (attached). Several changes were given careful review as to reasons and fairness for the recommended change. However, recognizing that the underlining premise of this study is to preserve the bypass capability of the CR 48 divided highway and to prevent retail sprawl, the Board has no option but to support the overall recommendations which we feel will accomplish this objective. Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE IL~THAIVl, JR RICHARD G WARD Town Hall, 53095 Main R<~ad PO. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOAltD OFFICE October 8, 1999 TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk Town Hall Southold, NY 11971 Re: CR 48 Changes of Zone Dear Mrs. Neville, The recommendations proposed by the Cramer Consulting Group in the above-noted Study, have been reviewed and discussed by the Planning Board. Collectively we otTer the following observations. The underlying premise of this Study is to preserve the bypass capability of the CR 48 divided highway. Doing so will prevent the commercial retail sprawl that characterizes every Long Island town to our west. More specifically, the overall purpose is to avoid repeating the mistakes made elsewhere on western Long Island, where unchecked commercial retail development not only resulted in serious traffic congestion problems, but played a role in the demise of the economic vitality of downtown districts located on State Route 25. This community's Vision, as stated in many documents and public meetings some going back to the mid-1980s (prior to the adoption of the 1989 Zoning Map), is to preserve the small-town qualities that distinguish Southold. In order to achieve this goal, it is critically important to consolidate future retail business growth around the existing business centers within each hamlet. Furthermore, reducing the potential for retail and other traffic-generating uses to be introduced (or expanded) will have other long-term benefits to the community. First, it will ensure a bypass road for through traffic, thereby relieving some congestion on SR 25. Second, it will boost the economic development potential of the existing and potential business properties bordering SR 25, where most of the Town's traditional hamlets are centered. Third, it will preserve a scenic corridor that is a source of pleasure to residents and tourists. Therefore, we support the overall study recommendations as proposed. In recommending their adoption, we recognize there may be reservations about specific October 8, 1999 proposed rezonings and that alternate rezoning proposals may be under consideration We urge extreme caution in modifying the consuhanl's recommendations lest the inlegrity of the whole be undermined in the interesi of sadsf~¥ing a few $is~ewely, ~ / ennett Orlowski, Jr / Chairman 2 ~ECEIV~D lgL 2 4 2000 $outhold Town Clerk DEPARTMENT OF pLANNING COUNTY OF SUFFOLK July 20, 2000 Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Changes of zone HD, LB, B and LI to AC, R-80, RO, LB and HB (42 parcels throughout the County Rte. 48 Corridor). Public Hearing Date: 8/15/00 S.C.P.D. File No.: SD-00-04 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local deternfination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning S/s Ge__._rald G. Ne__wman Chief Planner GGN:cc cc: Town Attorney TOWN BOARD; TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK In the Matter of the Proposed Rezoning of * Premium Wine Holdings, LLC 1000-121-6-1 from LB to R-80 * PROTEST PURSUANT To Section 265, TOWN LAW The Town Board of the Town of Southold, on its own motion, has proposed a change of zone for a certain parcel in the Town of Southold at Southold, which parcel is shown on the Suffolk County Tax Map as 1000-121-6-1 from LB ("Light Business District") to R-80 ("Residential Low-Density District (two acre minimum)"). Notice of the proposed change of zone was issued by the Town Clerk on August 16, 2000. The notice and publication were in the name of"Premium Wine Holders". The undersigned are all of the owners of the entire property identified above which would be affected by such proposed change of zone. The undersigned does hereby protest to the Town Board of the Town of Southold against said change of zone. This instrument is a protest against such change of zone made pursuant to Section 265 of the Town Law of the State of New York. Premium Wine Hpldings, LLC~ Mark Lieb~. ~ ~/ Russell l~e~n, Member By.. ~-~' / ~ Bernard Sussman, Member Witness: Dated: August~, 2000 Mattituck, New York Re/protest Real Estate Appraisal Letter of Opinion For: Mark Lieb Et Al. Rt. 48/Cox Neck Rd. Mattituck, NY 11952 Tax Map: 1000-121-6-1 TO WHOM IT MAY CONCERN: ROBERT A. CELIC, herein states that I reside at Mattituck, Suffolk County, New York and am a duly licensed New York State Real Estate Broker holding license #643220 for the current period. I am Owner/Broker and President of Coldwell Banker Celic; Celic Estate Agents, Inc.; and Celic Realty which are all engaged in the real estate and appraisal business with offices located at #10200 Main Road/Celic Center, Mattituck, NY 11952. I am a senior member in good standing of the American Association of Certified Appraisers; National Association of Real Estate Appraisers, CREA, Senior Level; New York State Society of Real Estate Appraisers; Graduate - College of Real Estate Appraisers, Senior Certified Professional Appraiser; National Association of Realtors; New York State Association of Realtors; Suffolk County Real Estate Board; Hamptons & North Fork Realtors Association and International Real Estate Federation. During the past forty-three years I have purchased, subdivided, managed and sold real properties in the Townships of Southold, Riverhead, Southampton and Brookhaven, as well as in other counties and townships in New York State and have negotiated sales of real property, including residential, acreage, shorefront, agricultural properties, industrial, exchange, investment, rental, multi-use and commercial properties with an aggregate sales value in excess of $980,000,000. By reason of my experience, I am thoroughly acquainted with the market value of property and improvements located at Rt. 48 and Cox Neck Road, Mattituck, NY 11952 and currently zoned Limited Business (LB) by the Township of Southold Zoning Code. (con't.) PAGE 2 LIEB ET AL. I am intimately familiar with the subject property which is currently being improved with a new winery and appurtenant storage facilities whose construction was recently approved by the Town of Southold with all permits in place. The site is a 3.563 acre corner plot with highway frontage along Rt. 48 and Cox Neck Road. The site is located on a heavily traveled thoroughfare and is directly across the street from the commercially-zoned Middle Road Plaza. It is my educated opinion that the overall market value of this property and the improvements currently found thereon and zoned LIMITED BUSINESS (LB), as of August 25, 2000, is a combined total of $1,700,000 (ONE MILLION SEVEN HUNDRED THOUSAND & 00/100 DOLLARS) as follows: Land: $300,000 and Buildings: $1,400,000. It is further my educated opinion that the overall market LAND ONLY value of this property if rezoned to RESIDENTIAL LOW DENSITY A (R-80), as of this date, would be valued at a maximum of $90,000 (NINETY THOUSAND & 00/100 DOLLARS). It should be noted that only residential structures are permitted in the R-80 zone and that the structures currently existing would not conform to residential use. The above value estimates are based upon comparable sales data obtained at the office of the Suffolk County Clerk, Suffolk County Center, Riverhead, NY 11901 and duly recorded within an acceptable time frame of comparability. It should be further noted for clarification that the estimates of costs associated with the structures currently being build on the site as outlined above was provided to this appraiser directly by the owner's legal representative, Abigail Wickham, Esq., and is therefor considered exacting and valid. ully submitted, Robert A. Celic Senior Certified Member #3156 American Association of Certified Appraisers Dated: August 25, 2000 LEGAL NOTICE NOTICE OF FUBLIC HEAR- ING ON A LOCAL LAW TO AMEND ~ ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING ~ ZONING DIS- TRICT DESIGNATION OF SCTM # 1000-121.00-06.00-001.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL LOW DEN- SITY (R-80) DISTRICT DES- IGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, that the Town Board of the Town of Southuld will hold a PUBLIC HEARING on the Afore~lid LOCAL LAW at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York at 5.'00 p.m., Tuesday, August 29, 2000. The pm'pose of the Local Law is to C'nange the Zoning District De~i[nation of SCTM # 10~0-121.00- 06.00-001.000, on the Town Boa~l's Own Motion, from the Limited Business (LB) District Designation to tl~ Residential Low Density (R- 80) District Designation. Th~ seasment records list I~emlum ~ ns the Owner of the p~r- ty. The Property is located oo the north side of Route 48 at the inter- section of Route 48 and Cox Neck Road. The Property contains ap- proximately 3.6 acres. The Local Law is entitled. "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-121.00-06.00-001.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL LOW DENSITY (R-80) DISTRICT DES- IGNATION. Copies of this Local Law are avail- able in the Office of the Town Clerk to any interested persons during reg- ular business hours. Any persons desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time and place above so speci- tied. Any person also has the right to submit written comments to the Southokl Town C~erk eithe~ prior to the Public Heanng or at the Public Henrthg. BY ORDER OF THE TOWN BOARD OF ~ TOWN OF SOUTHOLD, $OUTHOLD. NEW YORK. Dated: August I5, 2060 Elizaheth A. Neville Southold Town Clerk 1479-1TAu17 STATE OF NEW YORK) )SS: COUNTY OF S~UFFO. L~K,) ~_)~ L--~F'~ ~-, I J~)~ I { i ~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks successively, comme..ncing ~on the 1 ~ +~ day of. ~'~(, (~ ~/~ ~ 20 (~ ~J Sworn to b,~fore me thi~ day of I~.j( ~ (.4 ~ [- q ~'Principal Clerk 20 O0 No. 01WE60~4664 LOCAL LAW NO. OF THE YEAR 2000. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count' Tax Map (SCTM) # ] _l~_ '~/o~[. ~ -~/~ ~ ~' ~[. ~ FROM THE ~ L ~.~9~.t'7-~"X .'~ tY,~,~s.~t~r.~-~ ZONING DISTRICT DESIGNATION TO THE BE IT ENAC f,~.D BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Sec6on 1. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (1) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life, as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic industry in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and sceneD' created by farmland additionally contributes to the quality of life of the residents, while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The Town has attracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential Bleak pictures have been painted in a few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural, Caltural, Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Southold is ~mowned for its rural, cultural, commercial and historic character. This unique character is reco~n~ 17ed in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations slates that the two mo~ prevalent and key issues are keeping growlh in the existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally. the Master Plan Update recommends the provision for "a communi~' of residential hamlets that arc comprised of a variety of housing opportunities, commercial, service and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." Preservation of the Natural Environment Accommodating "grov,lh and change within the Town without destroying its traditional economic base, the natural environment of which that base rests, and the unique character and the way of life that defines the Town" is of utmost importance" (Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Town's natural environment from wetlands to woodlands and to "achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. The outstanding needs enumerated below are the culmination of eareful comparison of the intent and objectives of the town (as stated in past land nse plansand stndies) and the currently existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still n*xls to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially confiieting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1 ) to provide for viable land use development at levels of intensifies which are sensitive to subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of commemial, residential, and cultural activity; 3) To preserve the open, agricultural and rural character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for pedesttian-friundly shopping; 6) to continue to the support of the Town's agricultural economy; 7) to araximize the Town's natural assets, including its coastal location and agricultural base, by balancing commercial, residential and recreational uses; 8) to strengthen the Town's marine-recreational and marine-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by maintaining and strenglhening the Town's assets that foster a tourist trade, namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open character, agriculture, and marine affdvities; 11 ) te preserve prime farmland; and encourage the diversification of agriculture; 12) to pre~rve the historic, eultmal, architectural and archacologieal resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land nses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore, based upon the afommemioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board. the Suffolk County Planning Commission, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we hereby change the zoning dim'ici designation for the parcel known as SCTM# / tV'07~ ~ /~'~[. ~ - D [~.., _ _/ri'3 -19 ~1. ~ (and as more fully described herein below) from the ~,"j~) L!.~._'7'~_t-~ '~ L~.~,'.._I~.~.~ zoning district designation to the '~'~-~ ~t~_ ,"'/)~",,.aT">'A:~_ /_,~ '_-3 ~/'-~_~",~lB?t~! zoning district desi~tmation. SCTM # 1000-121.00-06.00-001.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, described as follows: BEGINNING at a monument set at the extreme northerly point of the arc of a curve that connects the westerly side of Cox Neck Road and the northerly side of Sound Avenue; running thence southwesterly along said arc of a curve, said arc ora curve having a radius of 66.50 feet a distance of 127.69 feet to a monument; running thence along the northerly side of Sound Avenue, South 87° 46' 50" West, 375.00 feet; running thence North 2° 13' 10" West, 400.00 feet; running thence South 67° 47' 40" East, 270.00 feet to the westerly side of Cox Neck Road; running thence along said road, South 22° 12' 20" East, 428.85 feet to the point or place of BEGINNING. Section 3. The zoning map as adopted b.s section 100-21 of the Town Code of the Town of Soulhold is hereby amendod to reflect the witlfin change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE [::~CT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. JEAN W. COCHRAN SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOVv-N OF SOUTHOLD August 15, 2000 Dear Property Owner: Enclosed is a copy of a public notice regarding potential rezoning of the property identified in the public notice. The assessment records list you as the current owner. Please note the date and time of the public hearing. You or your representatives have the right to both attend the public hearing and/or submit written comments. Jean W. Coehran Supervisor NOTICE OF PUBLIC HEARING ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOXVN OF SOL-FHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000- 121.00-06.00-001.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL LOW DENSITY (R-80) DISTRICT DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the Aforesaid LOCAL LAW at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York at 5:00 p.m., Tuesday, August 29, 2000. The purpose of the Local Law is to Change the Zoning District Designation of SCTM # 1000-121.00-06~00-001.000, on the Town Board's Own Motion, from the Limited Business (LB) District Designation to the Residential Low Density (R-80) District Designation. The assessment records list Premium Wine Holders as the Osvner of the property. The Property is located on the north side of Route 48 at the intersection of Route 48 and Cox Neck Road. The Property contains approximately 3.6 acres. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-121.00-06.00-001.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL LOW DENSITY (R-80) DISTRICT DESIGNATION. Copies of this Local Law are available in the Office of thc'Town Clerk to any interested persons during regular business hours. Any persons desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the Public Hearing or at the Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: August 15, 2000 Elizabeth A. Neville Southold Town Clerk NOTICE OF PUBLIC HEARING on Proposed zone changes on Route 48 for Tuesday, August 15, 2000 at 8:05 am has been CANCELLED. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: August 2, 2000 Elizabeth A. Neville Southold Town Clerk LIST OF ROUTE 48 PROPERTIE; URRENTLY BEING RE-EXAMINED F REZONING 7~00 Cramer OIdZone New Zone SCTM Owner '~New Owners Grnpt lA HD R-80 045-2-1 John Siolas & Catherine Tsounis 190 Central Drive Mattituck, NY 11952 Grnpt 1B LB R-80 045-2-10.5 Adrienne Solof 33 Fairbanks Blvd. Woodbury, NY 11797 Grnpt lB HD R-80 045-2-10.5 Adrienne Solof 33 Fairbanks Blvd. Woodbury, NY 11797 Grnprt 3B HD R-80 035-1-27.2 Frank Justin Mclntosh & Mark Anderson, Trustees 6007 Waggoner Drive Dallas, TX 75230 Grnprt 3B HD R-80 035-1-27.3 Frank Justin Mclntosh 6007 Waggoner Drive Sallas, Tx 75230 Matt lA LB R-80 113-12-11 Stella Gentile 52 Harbor Road Riverhead, NY 11901 Matt lA LB R-80 113-12-12 Dominic Principi 1087 Fort Salonga Road Northport, NY 11768 Matt lA LB R-80 113-12-13 Richard Principi & Another PO Box 495 Amagansett, NY 11930 Matt la LB R-80 113-14-10 Randall Feinberg PO Box 186 Mattituck, NY 11952 Matt lA LB R-80 121-6-1 Premium Wine Holders LLC 14990 Oregon Road Cutchogue, NY 11935 Matt 2B LI RO 141-3-28 Raymond Nine 855 New Suffolk Avenu~ PO Box 1401 Mattituck, NY 11952 LIST OF ROUTE 48 PROPERTIE .;URRENTLY BEING RE-EXAMINED [ [ REZONING 7/00 Cramer OIdZone New Zone SCTM Owner "New Owners Matt 2B LI RO 141-3-25.1 Raymond Nine 855 New Suffolk Avenue PO Box 1401 Mattituck, NY 11952 Matt 2B LI RO plo 141-3-38.1 George Penny Inc Cio George Penny IV Main Road Greenport, NY 11944 Matt 2C LI LB 141-3-22 Raymond Nine PO Box 1401 Mattituck, NY 11952 Matt 2C LI LB 141-3-32.1 William Guyton PO Box 71 Southold, NY 11971 Matt 2C LI LB 141-3-29.1 John J. Sidor, Jr. & Others 3980 Wickham Avenue Mattituck, NY 11952 Matt 2E B RO 140-1-12 Henry Pierce & Jennie Lee Wells Road Peconic, NY 11958 Matt 2E B RO 140-1-4 Raymond Smilovich 1098 Wickham Avenue Mattituck, NY 11952 Pec lA B RO 074-4-10 Chester Misloski & Others PO Box 237 Peconic, NY 11958 Pec lA B RO plo 074-4-9 Andreas & Stacy Paliovras County Road 48 PO Box 434 Peconic, NY 11958 Pec 2C LI HB 074-3-19.3 Kenneth Dickerson Chestnut Road Southold, NY 11971 Sthld 3 LB AC 059-10-4 Edward Koster PO Box 1495 Southold, NY 11971 LIST OF ROUTE 48 PROPERTIE ;URRENTLY BEING RE-EXAMINED ' ~, REZONING 7~00 Cramer OldZone New Zone SCTM Owner **New Owners Sthld 3 LB AC 059-10-5 Clifford Cornell PO Box 910 Southold, NY 11971 Sthld 3 LB AC 059-7-31.4 Ellen Hufe Route 48 Southold, NY 11971 Sthld 3 LB AC 059-7-32 Alice Surozenski 41095 Route 48 Southold, NY 11971 Sthld 3 LB AC plo 059-10-3.1 Jack Weiskott Roberta Garris 229 5th Street Greenport, NY 11944 Sthld 3 LB AC plo 059-7-30 Clement Charnews County Road 48 Southold, NY 11971 Sthld 3 LB AC p/o 059-9-30.4 Walter Pharr, Jr. PO Box 958 Southold, NY 11971 Sthld LB AC plo 059-10-2 Anne Hubbard 9 Legged Road Bronxville, NY 10708 Sthld 4C B RO 059-4-8 Timothy Gray Soundview Avenue Southold, NY 11971 Sthld 4C B RO 059-4-9 Jimbo Realty Corp. 50800 Main Road PO Box 1465 Southold, NY 11971 Sthld 4C B RO 063-1-1.6 Thomas Hubbard 9 Legged Road Bronxville, NY 10708 Sthld 5A B LB 055-1-11.1 Thomas Hubbard 9 Legged Road Bronxville, NY 10708 LIST OF ROUTE 48 PROPERTIL 3, URRENTLY BEING RE-EXAMINED R REZONING 7/00 Cramer OIdZone New Zone SCTM Owner **New Owners Sthld 5A B LB 055-1-11.2 Anne Hubbard 9 Leggert Road Bronxville, NY 10708 Sthld 5A B LB 055-1-11.3 Thomas Hubbard 9 Legged Road Bronxville, NY 10708 Sthld 5A B LB 055-1-11.4 Anne Hubbard 9 Legged Road Bronxville, NY 10708 Sthld 5A B LB 055-5-2.2 William Penny III 2200 Hobart Road Southold, NY 11971 Sthld 5A B LB 055-5-2.4 Thomas & Susan McCarthy PO Box 1266 Southold, NY 11971 Sthld 5A B LB 055-5-6 John Satkoski & Rita Patricia 168 Fifth Street Greenport, NY 11944 Sthld 5B B RO 055-5-4 Linda Bertani & Others Oakwood Drive Southold, NY 11971 Sthld 6 B RO p/o 055-2-24.2 Margaret Field 34 Calebs Way Greenport, NY 11944 LI~GAL ~ NOTICE OF PLmL1C HEAR- BgO OH A LOCAL LAW TO AMEND THE ZONING MAP OF THE ToWN OF soUTHOLD BY CHANGING TH~ ZONING DIS- TRICT DESIGNATION OF SCTM # 1000-121.0G06.00-0ffi.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRIC~ DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 of thc Town Law and rcquircmants of the Code of the Town of Southold, Suffolk County, NeW York, that the Town Board of the Town of Southold will hold · I*USLlC HIgARING Ga the Afmem~l LOCAL LkW at the SOUTHOLD ToWN HALL, 5~095 Main Ro~cl, Southold, New York at 8:05 a.m., Tuesday, August 15, 2000. The purpose of the Local Law is to Change the Zoning District Designation of SCTM # 1000.121.00- 06,00-001.000, on the Town Board's Own Motion, from the Limited Business (LB) District Designation to the Residential Office (RO) District Designation. Thc assessment records list I~emlum ~ lloldem us the Owner of the property. The Property is located on the north side of Route 48 at thc intersection of Route 48 and Cox Neck Road, The Property ~ontains approximately 3.6 Thc Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNA- 'lION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-121.00-06.00-001.000 FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION, Copies of this Loca~ Law are avail- able in the Office of the Town Clerk to any interested persons during reg- ular business hours, ~ny persons desiring to be heard on thc proposed amendment should appear, and has the right to appear, at thc thne and place above so spec-i- fled. Any perSOn also has the right to submit written comments to the Southold Town Clerk either prior to the Public Hearing or at thc Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: July 21, 2000 Elizabeth A. Neville Southold Town Clerk STATE OF NEWYORK) 12 [ - (,' - I )SS: COUNTY OF SUFFOLK) · ~ )~O,~n ~ I'~)///t~ of Maffituck, in said count, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Ma~ituck, in the Town of Southold, Coun~ of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, co~ncing on the ~ day ~ Principal Clerk Sworn to b~ me this ~ day of ,~ ~ 200~ CHRISTINA T. WEBER N0ta~ Publ~ State of New York No. 01WE6034554 ~O'!~ON ,: :a,?L'~)CA~I:.Aw :TO .~:~kD~zo~u~O ~ OF Tim TOva,I,<Oi~:SOUT~Or.D nY !~OINOI'ImUi:ZONINO DIS- :~:cT Dm~A~O~ o~ SCm ;~vn+E~ 'LIMITED~ BUS INESS: (~) -~at:~ant t~U~ 265 ~'T~'~. ~d Main ~ $outhoM, New York {.'05 a.m., lhesday, August 15; 2000. The purpose of the' Local Law'h to Chnge tile Zontn{ Dimtet Da~isnation of scrM # 1000-121;00- :~{,~ff, Jl01.Jl]0, ~n the ToWn OWn Moii6n, froth the Limit//d ~ushess (LB) DIs~et Dest~alioa mtbo Rasldential Office (RO) ~kM~t I;~lsnatinn.'t'ns ass~bamt r~:otds list l~bo. Wine Hold~ as the Owner of the property:The Property is legated on the north side df Route 48 at the intersccfion of ':H~Ule 48 and CoX Neck RoadfThe l~operty ~ontains approximately 3,6 ~The Local La~v i~ entitled,- i~)CAL LAW TO CHANGE THE 'ZONING' DISTRICT DESIGNA- 'TION OF.THE PARCEL:-OF PROPERTY KNOWN AS $CTM {~ 'A000-12E00-06,00-001,000 FROM :TH'E LIIVilTtZO BUSINESS (I.,B) '~ISTRICT DESIGNATION., TO .TH]~ '~RE$IDENTIAL OFFICE , ~o'le in the Office of thi Town'Clerk GTmy int~l'ested pe~rsoni dualnet r~s- ~ busmass honrs ~ -:- {-< :: :: i .y pc~pns dasmns to mi;thc proposed amendmcnt should ~p~ar, and has'the 'right to appear, Iii th~ time and Placc above sO speCi- fill Any l~rson a!so his the right_to submit written c0t~m6nts' tolh~ South01d Tovat:Cl~rk eithei' prior to Ih~ Public Hcarin~ Or at the Public H~artng. - . BY ORDER: OF 'ITIE TOWN BOARD O1~ THB TOWN' O~' SOU'H'{OLD, $OLrI'HOLD, NEW YORK~ . Dat~xi: IUI~ ~1, 9000. ~ ,~ - .Elizabeth A. Ncvlile .: '.: $outhold Town Clcrk 1422-'lTSy77 , ': This is a copy of the Public Hearing Notice as it appeared in the July 27, 2000 edition of the Suffolk Times. Photocopied by Lynda Bohn October 13, 1999 Attn: Town Clerk and Members of the Town Board Southold Town Hall 53095 Main Road Southold NY 11971 Re: Proposed Zone Change to Parcel 1000-121-6-1 Property of Philip & Susan Cardinale located at NW corner of Route 48 and Cox Neck Road Dear Supervisor Cochran, Town Clerk and Town Board Members: Please find enclosed a Petition Pursuant to Section 265 of the Town Law of the State of New York re the above, which is signed by James and Irene Bisset, who own more than 20% of the land surrounding our parcel, and who join in the protest of the proposed change of zone. Please place this Petition with the file regarding the above proposed zone change. Thank you. Sincerely Philip J~. Cardinale Susan Cardinale PETITION PURSUANT TO SECTION 265 OF THE NEW YORK TOWN LAW P.02 RECEIVED To: Town Board, Town of Southold $outhold, New York The Town Board of the Town of Southold, on its own motion, has proposed a change of zone for a certain parcel in the Town Of Southold at Mattltuck, which parcel is shown on the Suffolk County Tax Map as 1000-121-6-1 so that the zoning of said parcel shall change from Limited Business (LB) to R-80 Residential Low Density. This parcel is part Of a proposed change of zone designated by the Town Board as per public hearing notice. Notice of the proposed change of zone was issued by the Town Clerk on 9/14/99. The undersigned, James J. Bi~sett III and Irene R. Bissett, residing at 42 Roslyn Court, Port Jefferson, NY 11777, owners o~ an approximately 37 acre parcel, known and designated as Su~£olk County Tax Map #1000-113-7-19.23, which abuts and adjoins the above premises (SCTM~1000-121-6-1) to the north and west and which constitutes "20% or more Of the land immediately adjacent to the land included in such zone change indicated above, extending 100 ~eet therefrom',, hereby and herewith protest to the Town Board of the Town of Southold against such change of zone. This instrument iz a protest against such change of zone made pursuant to Section 265 of the Town Law oK the State o~ New York. Dated: October 7, 1999 / IRENE R. BISSETT RECEIVEO OCT 1 2 1999 DEPARTHENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNZY EXECL,q]VE October 6, 1999 STLPHEN N1. dONES, A I.C.P. DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Dear Ms. Neville: Application on the Town Board's Own Motion for various rezonings on lands situated throughout the Rte. 48 corridor in the Town of Southold (SD-99-6). Pursuant to the requirements of Sections A 14-14 to 23 of the Suflblk County Administrative Code, the Suf/blk County Planning Commission on October 6, 1999 reviewed the above captioned and after due study and deliberation Resolved to approve said application. Very truly yours, GN:cc Stephen M. Jones Direcfffflf Planningi~/ by~/~,, I~.~ /eraldX¢. SewmanXlJ,'' (~ef Planner LOCA~ON HAILING ADDRESS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 RECEIVED October 8, 1999 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk Town Hall Southold, NY 11971 OCT 5 1999 Soulhold Tow~ Cled~ Re: CR 48 Changes of Zone Dear Mrs. Neville, The recommendations proposed by the Cramer Consulting Group in the above-noted Study, have been reviewed and discussed by the Planning Board. Collectively we offer the following observations. The underlying premise of this Study is to preserve the bypass capability of the CR 48 divided highway. Doing so will prevent the commercial retail sprawl that characterizes every Long Island town to our west. More specifically, the overall purpose is to avoid repeating the mistakes made elsewhere on western Long Island, where unchecked commercial retail development not only resulted in serious traffic congestion problems, but played a role in the demise of the economic vitality of downtown districts located on State Route 25. This community's Vision, as stated in many documents and public meetings some going back to the mid-1980s (prior to the adoption of the 1989 Zoning Map), is to preserve the small-town qualities that distinguish Southold. In order to achieve this goal, it is critically important to consolidate future retail business growth around the existing business centers within each hamlet. Furthermore, reducing the potential for retail and other traffic-generating uses to be introduced {or expanded) will have other long-term benefits to the community. First, it will ensure a bypass road for through traffic, thereby relieving some congestion on SR 25. Second, it will boost the economic development potential of the existing and potential business properties bordering SR 25, where most of the Town's traditional hamlets are centered. Third, it will preserve a scenic corridor that is a source of pleasure to residents and tourists. Therefore, we support the overall study recommendations as proposed. In recommending their adoption, we recognize there may be reservations about specific October 8, lggg proposed rezonings and that alternate rezoning proposals may be under consideration. We urge extreme caution in modifying the consultant's recommendations lest the integrity of the whole be undermined in the interest of satisfying a few. ett Orlowski, Jr. 7' Chairman NOTICE OF CONTIUNATION OF PUBLIC HEARING ON all Local Laws to Change the Zoning District Designation of the parcels and part of the parcels listed below and identified by Suffolk County Tax Map Number and record owner PUBLIC NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF SOUTHOLD HAS KEPT OPEN ALL THE PUBLIC HEARINGS ON THE ABOVE REFERENCED LOCAL LAWS. ALL THE PUBLIC HEARINGS WILL BE CONTIUNED ON THURSDAY, OCTOBER 14, 1999 STARTING AT 9:00 A.M. THROUGH 12:00 NOON AT THE SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK THESE PUBLIC HEARINGS COMMENCED ON October 4 - 6t~, 1999 RESPECTIVELY at the Southold Town Hall, 53095 Main Road, Southold, New York. A list of the Suffolk County Tax Map numbers of the parcels; the current owners as listed on the assessment records; the current zoning and the proposed zoning as well as the group name is set forth below GROUP CURRENT PROPOSED S.C.TAX MAP OWNER ZONING ZONING Grnpt lA I-ID R80 40-3-1 Grnpt lA I-ID R80 45-2-1 Grnpt lB LB R80 45-2-10.5 Gmpt lB I-ID R80 45-2-10.5 Kace LI LLC. 43 West 54th St. New York NY 10019 John Siolas & Catherine Tsounis 190 Central Drive Mattituck NY 11952 Adrienne Solof 33 Fairbanks Blvd. Woodbury NY 11797 Adrienne Solof 33 Fairbanks Blvd.. Woodbury NY 11797 Grnpt 2A Grnpt 2A Grnpt 2A Gmpt 2A Grnpt 2A Grnpt 2A Grnpt 2B R40 R40 R40 R40 R40 R40 R80 RS0 R80 R80 R80 R80 R80 40-3-6.1 40-3-6.2 40-3 -7 40-3-g 40-3-9.3 40-3-9.4 40-4-1 Richard & Anita Wilton P.O. Box 89 Greenpor~ NY 11944 Linda Wilton 200 Front Street Greenport, NY 11944 Steven & Lenore Atkins 119 Primrose Avenue Massapequa Park NY 11762 Antone Malinauskas P.O. Box 2106 Greenport NY 11944 Agnes Dunn 45 Queen Street P.O. Box. 409 Greenport NY 11944 Susan Malianauskas c/o Charles Malinauskas & Wife 64820 Rt. 48 Greenport NY 11944 Suffolk County Water Authority 4060 Sunrise Highway Oakdale NY 11769 Grnpt 3A Grnpt 3B Grnpt 3B LB R80 R80 R80 P/O 35-1-25 35-1-27.2 35-1-27.3 Peconic Landing At Southold PO Box 430 Southold, NY 11971 Frank Justin Mclmosh & Mark Anderson 235 E. 57th Street New YorkNy 10022 Frank Justin Mclntosh 235 E. 57th Street New YorkNy 10022 Matt lA Matt lA Matt lA Matt lA Matt lA Matt lA Matt lA Matt lB Matt lB Matt lB Matt lB LB LB LB LB LB LB LB LIO LIO LIO LIO R80 R80 R80 R80 R80 R80 R80 R80 RS0 R80 R80 113-12-11 113-12-12 113-12-13 113-14-10 121-6-1 P/O 121-5-4.1 P/O 113-12-14 P/O 121-5-4.1 P/O 122-2-23.1 P/O 122-2-24 P/O 122-2-25 Stella Gentile 52 Harbor Road Riverhead NY 11901 Dominic Principi 1087 Fort Salonga Road Northport NY 11768 Richard Principi & Another P.O. Box 495 Amagansett NY 11930 Randall Feinberg P.O. Box 186 Mattituck NY 11952 Philip & Susan Cardinale 785 Peconic Bay Blvd. Riverhead NY 11901 Michael Adamowicz & Others 195 Marine Street Farmingdale NY 11735 Michael Carafiis & Wife 204 California Avenue Pt Jefferson NY 11777 Michael Adamowicz & Others 195 Marine Street Farmingdale NY 11735 Emanual Tsontos 26 1 U Willets Road West Roslyn NY 11576 Charlotte Dickerson 460 Paddock Way Mattkuck NY 11952 S C Water Authority 4060 Sunrise Highway Oakdale NY 11769 Matt lB Matt 2A Matt 2A Matt 2A Matt 2A Matt 2A Mart 2B Mart 2B Mart 2B Mart 2B LIO LI LI LI LI LI LI LI R80 RO RO RO RO P/O 122-2-8.1 141-3 -43 141-3-44 141-3-45.1 141-3-45.2 141-3-41 141-3-21 141-3-19 141-3-26 141-3-27 Frances Acer 10020 Sound Avenue MartituckNY 11952 Alice Funn ! 1850 Sound Avenue P,O. Box 422 Mattituck NY 11952 Clarence Booker & Others 755 Rogers Avenue Brooklyn NY 11226 Mattie Simmons Box 926 11700 Sound Avenue Mattimck NY 11952 North Fork Housing Alliance 110 South Street Greenport NY 11944 George Penny Inc. Main Road P.O. Box 2067 Crreenport NY 11944 Harry Charkow & Wife P.O. Box 215 Mattituck NY 11952 NY State Hostel #1077 Albany NY 12200 Joseph&JanetDomanski PO Box 1654 MattituckNY 11952 Marg~etAshton Box 457 795 Love Lane MatfituckNY 11952 Matt 2B Matt 2B Matt 2B Matt 2B Matt 2C Matt 2C Matt 2C Matt 2D Matt 2D Matt 2D Matt 2D LI LI LI LI LI LI LI LI LI LI RO RO RO RO LB LB LB R40 R40 R40 R40 141-3 -28 141-3-25.1 141-3-29.2 P/O 141-3-38.1 141-3 -22 141-3-32.1 141-3-29.1 141-3 -39 P/O 140-2-32 141-3-18 141-3 -40 Raymond Nine 855 New Suffolk Avenue P.O. Box 1401 Mattimck NY 11952 Raymond Nine P.O. Box 1401 Mattituck NY 11952 Arnold Urist P.O. Box 1436 Mattituck NY 11952 George Penny Inc. c/o George Penny IV Main Road CJreenport NY 11944 Raymond Nine PO Box 1401 Mattituck NY 11952 William Guyton P.O. Box 71 Southold NY 11971 John J. Sidor, Jr. & Others 3980 Wickham Avenue Mattituck NY 11952 Robert Boasi 12425 Sound Avenue P.O. Box 317 Mattituck NY 11952 John Divello & Others Westphalia Road P.O. Box 1402 Mattimck NY 11952 Jeffrey Gregor 37 Squiretown Road Hampton Bays NY 11946 Andrew Fohrkolb 670 Holden Avenue Cutchogue NY 11935 Matt 2E B RO 140-1-10 Matt 2E B RO 140-1-11 Matt 2E B RO 140-1-12 Matt 2E B RO 140-1-4 Matt 2E B RO 140-1-9 Matt 2F B MII 140-1-6 Matt 2F R40 MII 140-1-6 Matt 2F R40 MII 140-1-7 Matt 2F R40 MII 140-1-8 Matt 2G R40 RO 140-1-1 Mark McDonald P.O. Box 1258 Southold NY 11971 Steven Freethy & Deborah Gibson Freethy Maiden Lane Mattituck NY 11952 Henry Pierce & Jennie Lee Wells Road Peconic NY 11958 Raymond Smilovich 1098 Wickham Avenue Mattituck NY 11952 Herbert Swanson P.O. Box 238 Mattituck NY 11952 Harold Reeve & Sons Inc. Cty Rd 48 P.O. Box 1441 Mattituck NY 11952 Harold Reeve & Sons Inc. Cty Rd 48 P.O. Box 1441 Mattituck NY 11952 Rita Poneiglione Maiden Lane P.O. Box 1136 Mattimck NY 11952 Helen Reeve 245 Maiden Lane Mattimck NY 11952 Stephanie Gullatt 1695 Wickham Avenue Mattimck NY 11952 Matt 2G Matt 2G Pec lA Pec lA Pec lA Pec lB Pec lB Pec 2A Pec 2A Pec 2A Pec 2A R40 R40 B B B B B R40 R40 R40 R40 RO RO RO RO RO LB LB RO RO RO RO 140-1-2 140-1-3 74-4-10 P/O 74-4-9 P/O 74-4-5 P/O 74-4-9 P/O 74-4-5 74-3-13 74-3-14 74-3-15 74-4-15 Leroy Heyliger & Wife Box 571, Wickham Ave. Mattituck NY 11952 William Stars & Wife P.O. Box 942 Ole Jule Lane Mattituck NY 11952 Chester Misloski & Others P.O. Box 237 Peconic NY 11958 Andreas & Stacy Paliovras Rt. 48, P.O. Box 434 Peconic NY 11958 John Krupski & Bros. Inc. Oregon Road Cutchogue NY 11935 Andreas & Stacy Paliovras Rt. 48, P.O. Box 434 Peconic NY 11958 John Krupski & Bros. Inc. Oregon Road Cutchogue NY 11935 Dorothy Victoria & John Mumster c/o Pupecki P.O. Box 366 Peconic NY 11958 Sidney Waxier P.O. Box 328 Peconic NY 11958 Edward Dan & Wife P.O. Box 1 Peconic NY 11958 Paul McGlynn & Wife Box 206, North Rd. Peconic NY 11958 Pec 2A Pec 2B Pec 2B Pec 2B Pec 2B Pec 2C Pec 2C Pec 2D Pec 2E Sthld 1 R40 R40 R40 R40 R40 LI LI RS0 R80 LB RO RO RO 74-4-16 74-3-16 74-3-17 74-5-1 74-5-5 74-3-19.3 P/O 74-3-19.2 74-3 -20 74-3-24.2 69-4-2.2 Louise Day & Another c/o Bob Day 88 Wyckoff Street Brooklyn NY 11201 Patrick Adipietro & Robert P.O. Box 174 Peconic NY 11958 Olive Hairston Hayes 306 East 96th Street New YorkNY 10128 Bennett Blackburn & Wife Box 344, Peconic Lane Peconic NY 11958 Robert Johnson 4300 Soundview Avenue Southold NY 11971 Kenneth Dickerson Chestnut Road Southold NY 11971 Kevin Terry 465 Topsail Lane Southold, NY 11971 Alice Platon 30 Front Street P.O. Box AB Greenport NY 11944 Alvin Combs & Wife Peconic Lane Peconic NY 11958 Gerald Gralton & Wife Middle Road Box 274 Peconic NY 11958 Sthld 1 Sthld 1 Sthld 2A Sthld 2A Sthld 2B Sthld 2B Stldd 2C Sthld 2C Sffid2C Sthld 3 Sthld 3 LB LB AC AC LB LB LI LI LI LB LB RO RO RO RO RO RO AC AC AC AC AC 69-4-2.3 69-4-3 69-2-1 69-2-2 69-2-3 69-2-4 69-3-1 69-3 -2 69-3 -3 59-10-4 59-I0-5 Helmut Hass c/o Beverly Haas Jacobs P.O. Box 522 Cutchogue NY 11935 Ruth Emerprises Inc. P.O. Box 910 Southold NY 11971 William Zebroski Jr. P.O. Box 531 Southold NY 11971 Carol Zebroski Savage & Others Woodchuck Hollow Lane Wading River NY 11792 Stephen Doroski & Wife 38400 C.R. 48 Southold NY 11971 Bayberry Enterprises Stars Road EastMarion NY 11939 Steve Doroski 38400 CR 48 Southold NY 11971 Steve Doroski 38400 CR 48 Southold NY 11971 Steve Doroski 384O0 CR 48 Southold NY 11971 Edward Koster P.O. Box 1495 Southold NY 11971 Clifford Comell P.O. Box 910 Southold NY 11971 Sthld 3 Sthld 3 Sthld 3 LB LB LB AC AC AC 59-%31.4 59-7-32 P/O 59-10-3.1 Ellen Hufe Route 48 Southold NY 11971 Alice Surozenski 41095 Route 48 Southold NY 11971 Jack Weiskott & Roberta Garris 229 5th Street Greenport, NY 11944 Sthld 3 Sthld 3 Sthld 3 Sthld 3 S~d4A S~d4A Sthld 4A Sthld 4A LB LB LB LB LB LB LB LB AC AC AC AC RO RO RO RO P/O 59-7-29.2 P/O 59-7-30 P/O 59-9-30.4 P/O 59-10-2 63-1-15 63-1-16 63-1-18.2 63-1-19 Alfred & Juliet Frodella 40735 Middle Road, Rte 48 Southold NY 11971 Clement Chamews Cty Rd 48 Southold NY 11971 Walter Pharr Jr. PO Box 958 Southold NY 11971 Steven Defriest 2305 Glen Road Southold NY 11971 Mark Mendleson & Others 24 Wildberry Court Commack NY 11725 Nicholas Batuyios 5 Cliff Court RockyPoint NY 11778 C & C Associates 44655 CR 48 P.O. Box 312 Southold NY 11971 No. Fork Professional Realty Assoc, c/o Amrod-Ricci 1000 Franklin Ave., Ste 202 Garden CityNY 11530 Sthld 4A Sthld 4A Sthld 4A Sthld 4A Sthld 4A Sthld 4B Sthld 4B Sthld 4C Sthld 4C Sthld 4C Sthld 4C LB LB LB LB LB B B B B B B RO RO RO RO RO LB LB RO RO RO RO 63-1-20 63-1-21 63-1-22 63-1-23 63-1-24 59-3-29 59-3-30 59-3-31 59-4-8 59-4-9 63-1-1.6 Windsway of Southold Assoc. I Suffolk Sq., Ste 300 Cntrl Islip NY11722 Cad & Caroline Graseck Leeton Dr. Southold NY 11971 Joseph Wallace 54 Winthrop Road Shelter Island NY 11965 Lisa Cowley 44600 Middle Road Southold NY 11971 John Ross 2320 Yennecott Dr. Southold NY 11971 John & Joan Callahan 125 Lighthouse Road Southold NY 11971 Deborah Edson c/o Johnny's Car Hop 43715 CR48 Southold NY 11971 David Cichanowicz 165 Wood Lane Peconic NY 11958 Timothy Gray Soundview Avenue Southold NY 11971 Jimbo Realty Corp. 50800 Main Road P.O. Box 1465 Southold NY 11971 Thomas & Susan McCarthy PO Box 1266 Southold, NY 11971 Sthld 5A Sthld 5A Sthld 5A Sthld 5A S~d5A S~d5A Sthld 5A Sthld 5B Sffid5B S~d5B Sthld 6 B B B B B B B B B B B LB LB LB LB LB · LB LB RO RO RO RO 55-1-11.l 55-1-11.2 55-1-11.3 55-1-11.4 55-5-2.2 55-5-2.4 55-5-6 55-5-2.3 55-5-4 55-5-5 P/O 55-2-24.2 Edward Dart Peconic Lane Peconic NY 11958 Edward Dart Peconic Lane Peconic NY 11958 Edward Dart Peconic Lane Peconic NY 11958 Edward Dart Peconic Lane Peconic NY 11958 William Penny III 2200 Hobart Road Southold NY 11971 Thomas & Susan McCarthy PO Box 1266 Southold, NY 11971 John Satkoski & Rita Patricia 168 Fifth Street Greenport NY 11944 Gary Rempe & Wife 3325 Youngs Avenue Southold NY 11971 Linda Bertani & Otrs Oakwood Drive Southold NY 11971 Audrey Berglund P.O. Box 1501 Southold NY 11971 Frank Field Corp. 40 Middleton Road Greenport NY 11944 Sthld 6 B RO 55-2-23 Sthld 6 B RO 55-5-10 Sthld 6 B RO 55-5-11 Sthld 6 B RO 55-5-12.2 Sthld 6 B RO 55-5-9.1 Madeleine Schlafer c/o 1670 House Route 48 Southold NY 11971 George Penny IV & Robert Boger c/o Penny Lumber P.O. Box 2067 Greenport NY 11944 Joann Rizzo P.O, Box 696 Greenport NY 11944 Donald Tuthill & Wife 3150 Boisseau Ave. Southold NY 11971 Patricia Miloski P.O. Box 292 Southold NY 11971 Copies of these Local Laws are available in the Office of the Town Clerk to any interested persons during regular business hours. Any person desiring to be heard on the proposed amendment should appear, has the right to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the public heating or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK Dated: 10/7/99 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK I'm Artie Foster. REC N D Arthur P. Foster 5 1999 7470 North Rd., box 1132 Mattituck, N.Y. 11952 · ~OuIt~To~ 473889 121.-5-3 Tax ~ I own property in the area of these proposed zone changes. This proposed change will not affect my zoning, but it will hurt me in another way. I am presently zoned light business prior to 1989 I was zoned in the heaviest business use. My property in 1958 housed a bulldozer sales and service business, Kenneth A. Parish (alia~ Cholmers Heavy Equipment Dealer). It now houses my business, Artco Drainage, and thanks to the off premises, as well as Town and County Road signs was voted the worst vista in town. The properties on either side of me are scheduled to be changed from L10 to R-80 low density houseing. I am non conform- ing, but pre existing. The piece across the street is where Lieb would like to place his winery, this will also go to R-80. On the On the Northeast corner we have a small mall type shopping center and me on the Southwest side. I can see the writing on the wall, if this is changed to R-80 and houses are built next to me, it will restrict me in oper- ating my business as I now do. I usually arrive at work around 5 AM to prepare for the upcoming day. In preparation, I start my trucks, and~hea~yi~quipment I also sometimes have some welding repairs to do, which involves cutting, grinding, sledgehammer noise etc. This work is done primarily outside and is quite loud and noticeable at 5:30 AM. If you rezone this ajoining land to residential and houses are built on this property, it won't be long before my residential neighbors will be trying to dictate my hours of operation~and~.the condition of my property, which I .try to keep as neat as possible considering the use it supports due to my line of work and how much noise or even dust may be created by the trucks pulling on and off the property. There is one more issue I think everyone should be aware of and that is traffic!! Since the road was resurfaced a few months ago we have gone form a dangerous intersection to a deadly one. The screech of tires is as regular and often as people sneezing in a pepper factory! Before we used to have cars jockeying for position both East and West in front of my property. Now they do it from my place all the way to Horton Ave. This is another prime spot for a traffic light and as Mr. Dart said in his presentation yesterday, "what better place to have business than at a controlled intersection! I strongly urge that this zoning change not be done, leave the present zoning in place and perhaps you might consider changing my zoning back to L10 so that I will no longer be non conforming and can reestablish my property values to what they were before the zone change of 1989. It all comes down to money, when you decrease the intensity of use, you devaluate the land. I had my land sold for $650,000.00 until the perspective buyer found out he could not use the land for his intended use, but he could have prior to the change in 1989. Now I am trying to get $300,000'.00 and no buyers. So I guess that means I am sentenced to a life of work with no retirement, because my retirement fund has lost its~ value due to the wishes of the previous Town Board. And it appears to me that this present board is heading down the same corridor, which may be a vista for some, but financial disaster for others. Thank you, Arthur p. Foster RECEIVED Soul'hold 1own PETITION PURSUANT TO SECTION 265 OF THE NEW YORK TOWN LAW To~ Tovo~ Board, Town of Southold Southold, New York The Town Board of the Town of Southold, on its own motion, has proposed a change of zone for a certain parcel in the Town of Southold at Mattituck, which parcel is shown on the Suffolk County Tax Map as 1000-121-6-1 so that the zoning of said parcel shall change fi'om LB ("Limited Business District") to R-80 ("Residential Low-Density District [two-acre minimum]"). This parcel is part of a proposed change of zone designated by the Town Board as "Mattituck IA." Notice of the proposed change of zone was issued by the Town Clerk on September 14, 1999. The undersigned owner(s) of property within that part of the Town of Southold which would be affected by such proposed change of zone, do(es) hereby and herewith protest to the Town Board of the Town of Southold against said change of zone. This instrument is a protest against such change of zone made pursuant to Section 265 of the Town Law of the State of New York. Dated: September ~, 1999 Name of Owner(s): Philip ~ Cardinale ~9 18: 47AN FR~ Tgi 7224877 P,O1 ~ OOT 4 1999 PETIT[ON PURSUANT TO SECTION 265 OF THE NEW YORK TOWN LAW To: Town Board, Tovm of Southold $outhold, New York The Towa Board of the Town of Southold, on its own motion, h~ proposed a change of zone for a certain parcel in the Town of Southold at ~T~ r-oc~.k, which parcel is shown on the Suffolk County Tax Map as/ooo ~ I z t-/.-~ / so that the zomng of said parcel shall change fiom /-~,~,Tc4' ~.z~d I~--~e, ~:~t d,e~ff]~(~ ~ This parcel is pan cfa proposed change of zone des~ated by the Town Board as Notice of the proposed change of zone was issued by the Town Clerk on The madersigned owaex~s) of property within that part of the Town of Southold which would be affected by such proposed change of zone, do(es) hereby and herewith ~rotest to the Town Board oft. he Town of Southold against said change of zone, This instrument is a protest against such change of zone made pursum~t to Section 265 of the Town Law of the State of New York Dated: October ~ff , 1999 Wimess(es): TOT~. P. 01 October 4, 1999 Co~ments of Philip J. Cardinale ..... Re: Public Hearing on Local Law to Amend the Zoning Map of the Town of Southold by changing the zoning district of SCT~ #1000 -121- 6 - 1 from the Limited Business District (LB) to Residential Low Density District (R-80) Site: 3.56 acres at NW Corner of Route 48 and Cox Neck Road Site: designated Mattituck IA of Cramer Study Supervisor Cochran and Members of the Board: Thank you for the opportunity to address the Board. As I begin I first acknowledge this: All of you are good people trying your best to do what you believe is best for the town. As a Town Board member in the neighboring town of Riverhead, I expect such acknowledgment from those addressing the Riverhead Town Board and I see no reason why you should expect less of those addressing you today. However over the last several years as a Riverhead Town Board member I haVe painfully learned that benevolent intentions do not insure benevolent results. It is my intent to point out today why fundamental fairnesS, good'planning principles, good sense and legal restraints require that you decline to accept the Cramer Study'recommendation to upzone this parcel from LB Zone to R-80 Zone. Since this is a public hearing to consider a local law to change the zoning district designation of a specific parcel I will limit myself largely to site specific comments as to why such proposed rezoning is totally inappropriate for this particular parcel. The local press has reported that the upzonings contemplated by you will decrease property values of the involved parcels by approximately $2,000,000. Two Hundred twenty-five thousand of those dollars are coming from this parcel owned by my wife and me. (1) History of this Parcel: My wife Susan and I have owned the 3.56 acre parcel at the northwest corner of Cox Neck Lane and Route 48 in Mattituck since February 1989. We paid ~ for .this parcel which was then zoned Business B and was upzoned to Limited Business subsequent to our purchase. We have paid approximately $3000 Der year in taxes on this parcel for the past eleven years. This parcel has been available for purchase for several years. On May 4, 1999 through real estate broker Coldwell Banker Celic, Susan and I contracted with Lieb Cellars LLC (Mark Lieb, principal and managing member) for sale of this parcel for use as a ~inery at a price of $305.000. If upzoned as proposed in the Cramer Study, I have been advised by several qualified real estate appraisers that this parcel will be essentially unsalable for residential use or any other permitted use in R-80 Zone. I have been further advised that even if a purchaser could be found -for this parcel for use as a residential lot, the fair.market value would be less than $80,000. Recently I met with Supervisor Cochran to discuss the proposed rezoning of this parcel. Several minutes into that discussion Supervisor Cochran commented "Would you build a home at this location? I wouldn't,, That in essence is the central point. R-80 zoning is not appropriate for this parcel. As mentioned above, when purchased in 1989 our parcel was zoned Business B, a general business zone. The Town Planning Board had, in fact, just before our purchase, required that this 3.~ acre corner parcel be set off at the zoninq district lin~ from the 36 acre residentially zoned parcel to its north which was then the subject of a subdivision application. Shortly after our purchase our parcel was upzoned to Limited Business as a result of the comprehensive study preceding the Town-wide rezoning which occurred in October 1989. That study concluded (and the adopted zoning district established) that Limited Business uses as defined in the Code were appropriate for those parcels on Route 48 (such as our parcel) which were close to hamlet centers. Cramer's suggested upzoning as it relates to our parcel is, therefore, nQ~ consistent with the history of previous Town Planning Board action in regard to our parcel and is nQ~ consistent with the Town Board's Comprehensive Plan which underlies the Town's zoning ordinance. "Would you build a home at this location. I wouldn,~,, (2) Physical Confi?uration ~nd Location'of this Parcel: This is a corner parcel with frontage aver 900 feet (439 feet on Route 48 and 492 feet on Cox Neck Road). Indeed, the value of our parcel is essentially derived from its corner frontage. It is virtually all corner as can be seen on the attached survey. Route 48 is a principal east-west thoroughfare and Cox Neck Road is increasingly used as a major north-south thoroughfare. Because of the physical configuration of our lot, its corner location, the heavy traffic flow surrounding it and surrounding development our parcel is not appropriate for residential use. "Would you build a home at this location. I wouldn't,,, (3) Surrounding Uses; On the northeast corner of Route 48 and Cox Neck Lane a shopping center was approved by the Town of Southold and built in the early 1990's. The southwest corner opposite 6ur parcel is developed and has been utilized for many years for commercial purposes. The southeast corner of Cox Neck Road and Route 48 has been developed and is in commercial use as a restaurant. Because of existing surrounding uses, our parcel is not appropriate for residential use. Indeed, current zoning, Cramer,s proposed zoning, and current actual use of every other corner at the intersection of Cox Neck Road and Route 48 except ours is ~. Accordingly, no reasonable person would place a residence or any other R-80 permitted use at this corner location Surrounded on every other corner by commercial uses. ,'Would ~ou build a home at this location. I wouldn,~., (4) Proposed Use under the existing contract of sal~[ The contemplated use for our parcel under the existing contract of sale is as a winery. The proposed development of our parcel for this use is favored by the Southold Planning Board. The purchaser, Lieb Cellars LLC (Mark Lieb), disappointed by the rejection of his proposed winery development at another site in Southold Town, specifically asked the Southold Planning Board to recon~nend from several alternative sites its preferred site for his winery. The Planning Board selected our particular site and recommended it enthusiastically. Site plan approval and Suffolk County Health Department approval are essentially in place. The Southold Zoning Board of Appeals has approved this site for the use intended. No Town o~ County agency objects to the proposed use as a winery. The prospective purchaser has expended thousands of dollars for survey, site plan, architectural, legal and other pre-construction costs. Were it not for the twice extended and continuing more than one year old moratorium imposed by the Town Board the pending sale would have closed already.. Under the Cramer recommended rezoning of this site, use as a winery would not be permitted. "Would you build a home at this location. I wouldn,~,, (5) R 'n h ' 1 r r h T wn B r i i 1 iv ' Such a legislative act requires a careful balancing of various interests, conformity with the Town,s Comprehensive Plan, and a careful consideration of the specific and unique factors affecting each parcel of property for which rezoning is contemplated. It is not only appropriate but necessary that you ask the questions "AT WHAT PRICE?,, and "FOR WHAT BENEFIT?,, It is suggested that such a careful, balancing of interests and careful review of the Town Comprehensive Plan as it relates to our parcel will lead clearly and inevitably to a rejection of a Cramer,s proposed upzoning. "Would you build a home at this location. I wouldn,t,,, (6) Legal restraints relatin~ to the uDzonin~ of thi~; .~Cons~rvation of property v~lues is g~nerally considered a primary objective of good comprehensive zoning. Certainly,,that objective is badly served in regard to our parcel by Cramer s suggested upzoning. · Susan and I cannot afford ~ot to challenge such upzoning as a {egulatory taking of a constitutionally cognizable property interest. The New York Court of Appeals has stated: "A reclassification of land for residential use is unconstitutional where the land is unsuitable for residential development due to Surrounding commercial uses and exceptionally heavy traffic. [Grimpel Associates v. Cohalan, 41 NY2d 431, 393 NYS2d 373, 361 NE2d 1022 (1977)] The New York Court of Appeals stated in the same case: "While not itself dispositive of the constitutional issue (of taking of property without due process and just compensation in violation of the 14th Amendment) proof of a drastic reduction in value tends to establish that the property is not reasonably suited for the use prescribed by the zoning ordinance.,, In ~nother case the New York Courts stated that: "Unnecessary hardship in the legal sense means unreasonable financial loss.,, [Style Rite Homes Inc. v. Zoning Board of Appeals, 54 Misc 2d 866 283 NYS2d 623 (1967)]. , fLW~uld vo~7 h,,' . 11 h m hi 1 i n I ~ 1 , , A considered balancing of all relevant factors will, I believe, lead the Town Board to decline to accept the Cramer Study recommendation as to our parcel. In declining to accept the Cramer recommendation as it relates to our parcel, the Board will serve the interests of fundamental fairness, compliance with the law, 'good planning and good sense. I am delivering now to the Town Board by way of the Town Clerk a protest under Section 265 of the Town Law. It is my understanding that this will require a vote of a super-majority (5 of 6) of the Board to implement the proposed rezoning of this parcel. .It is my further understanding that Steve Angel Esq. will be delivering a number of other such Town Law Section 265 protests on behalf of others similarly situated. Thank you for your careful consideration of this matter. General Co,'L,,,ent Addendum to Public Hearing Co~nents of Philip J. Cardinale (SCTM#1000-121-6-1) 1. Having hearings for site-specific zoning district changes prior to a final determination of PropoSed textual changes relating to the underlying zoning districts seems a reversal of the logical course and unfair to involved property owners. How can these owners comment meaningfully if they do not first know what LB or R Zone is being considered for their parcel? 2. The Cramer Study clearly relies on other studies (such as the Jones Study) which the Town Board has not officially accepted. It would seem far more logical to first formally accept the overall plan before proceeding to site-specific implementation of it. 3. The Cramer Study is inconsistent with the existing comprehensive plan adopted by prior Town Boards. Inconsistencies exist therefore between Cramer recommended actions regarding certain sites and the underlying existing comprehensive plan. Which Comprehensive Plan .... open vista, as promulgated by Cramer, or integral hamlet areas as contemplated by the 1988 Comprehensive Plan... is the Plan seeking to implement? 4. There now exists an acknowledged atmosphere of crisis and emotionalism which is not intended and is not desirable and within ~hich thoughtful legislation is unlikely to occur. A moratorium on the moratorium should therefore be considered. 5. There exists the inevitability of divisive and lengthy litigation if the Town proceeds now with site specific implementation. 6. At what point does a paid consultant become a de facto unelected one-man-Town Board? Preparation of a Route 48 Corridor Study by an expert consultant is arguably appropriate. But passage of site specific local ordinances as directed by a consultant to implement an officially unadopted plan seems clearly inappropriate. 7. The legal premise underlying the now more than one year old moratorium was stated as "the need to give the Town time to consider and act in light of economic and development pressures along the Route 48 Corridor.,, This premise is itself suspect. Precisely what evidence exists supporting these perceived economic and development pressures? Perhaps we shouldn,t fix what isn't broken. Perhaps this idea of upzoning the Route 48 Corrid6r is an idea whose time has not yet come. Perhaps like a good wine it needs greater care in handling and longer aging. ~ / '0 0 400.00' 400.00' Z Oct, 0~ I999 O~;~'9PH F': Saland Real Estate, Inc. lAcensed Real E~tate 8rok~ra MAIN ROAD, IAMESPORT, NF.W YORK 11947 516-7224990 · Fax: 516722-5369 DATE: TO: FROM: RE: O¢lobex 5,1999 Philip J. Cardinale David J. Saland Valuation of 3.56 Aere$ zoned limited business on NW corner Rte. 48 (Sound Ave.) & Cox Neck Rd. Ma~tituck, NY (SCTM # 1000.121-6.1) Baaed on my ~eview of the property, the following is my opinion of the cfm'eat value: $ 305,000. ffsaid propexty were rezoned to R-80, in my opinion tl~ value of the prOperty would be less than $80,000, assuming any purchaser fo~ R-SO usc could be found. Sincerely, David J. Salm~d