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HomeMy WebLinkAboutEdson, Estate of Grace PATRICIA A. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY 0� SoUriyO Supervisor patricia.finnegan@town.southold.ny.us ,`O l0 Town Hall Annex, 54375 Route 25 KIERAN M.CORCORAN P.O. Box 1179 ASSISTANT TOWN ATTORNEY G Q Southold,New York 11971-0959 kieran.corcoran@town.southold.ny.us O �� lTelephone (631) 765-1939 LORI HULSE MONTEFUSCO .0"UNT1 Facsimile (631) 765-6639 ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD May 16, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Edson — Change of Zone Application Dear Ms. Wickham: Please allow this letter to respond to your correspondence of March 27, 2006 addressed to the Southold Town Board. As set forth in my February 23, 2006 letter to you, the Town Board is not interested in moving forward with a zone change on your client's parcel at this time. As directed by the Town Board, my office will be moving forward with the enforcement action currently pending before Justice Loughlin in Supreme Court. Thank you for your attention. V"yours, PT PAF/lk cc: Members of the Town Board Ms. Elizabeth Neville, Town Clerk I O G ' PATRICIA A.FINNEGAN 0� S�U SCOTT A. RUSSELL TOWN ATTORNEY �� jy Supervisor patricia.finnegan@town.southold.ny.us KIERAN M. CORCORANi Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 G Q Southold, New York 11971-0959 kieran.corcoran@town.southold.ny.us rd �O LORI IiULSE MONTEFUSCO OI�C�UN�1� Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639 lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Town Board From: Patricia A. Finnegan, Esq., Town Attorney Date: May 11, 2006 Subject: Edson— Change of Zone Application I am attaching my proposed response to Gail Wickham's letter dated March 27, 2006 (copy also attached), in connection with the referenced matter. Unless I hear from you to the contrary, I will plan on mailing this letter to Ms. Wickham on Monday, ,May 15, 2006. Thank you for your attention. PAF/lk Enclosures cc: Ms. Elizabeth Neville, Town Clerk (w/encls.) i S • May_, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Edson —Change of Zone Application Dear Ms..Wickham: Please allow this letter to respond to your correspondence of March 27, 2006 addressed to the Southold Town Board. As set forth in my February 23, 2006 letter to you, the Town Board is not interested in moving forward with a zone change on your client's parcel at this time. As directed by the Town Board, my office will be moving forward with the enforcement action currently pending before Justice Loughlin in Supreme Court. Thank you for your attention. Very truly yours, Patricia A. Finnegan Town Attorney PAF/lk cc: Members of the Town Board Ms. Elizabeth Neville, Town Clerk • ,1IA- k L t LAW OFFICES WICKHAM,BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 March 27, 2006 RECEIM Southold Town Board MAR 2 8 2006 Town of Southold MAR 2 9 2005 Post Office Box 1179 53095 Main Road Southold Tbmn Clerk Southold,New York 11971 Re: Edson, Change of Zone Application Gentlemen/Ladies: I would like to respond to your letter of February 23,2006 advising that the Town does not wish to pursue this matter. The Planning Board sent you a letter recommending against the proposed change of zone of this property at this time. Their reasoning,as well as the discussion at their meetings where this issue was addressed,was based in large part on their concern about rezoning this parcel in the absence of consideration of the zoning along the area between the two business areas of Cutchogue. They cited in their discussion the application of Rich's Quality Auto, and the proposals being discussed for the Lizewski and Dunne properties and possibly several others. Therefore, it appears appropriate for the Town Board to consider whether this area as a whole should be addressed. The Cutchogue Stakeholders' report was directed primarily to the center of the Cutchogue Hamlet and makes reference to the King Kullen area, but some intermediate zoning consideration between these two areas should be addressed. The consideration of allowing Mr. Edson's type of business to continue without having to go to the lengths of a full B or HB zoning would also be appropriate,and was also discussed by the Planning Board. I have also discussed with Mr. Edson the concern that the size of his building could lend itself to a"big box" store, and he is willing to enter into restrictions to prevent this result. Prior to withdrawing the application for the rezoning, I would appreciate the opportunity to explore these ideas with you with a view toward possibly amending the application. This letter is written for purposes of discussion, without prejudice to our client's rights under the Town Code and applicable zoning legislation, or the pending litigation with the Town. Very truly yours, Abigail A. Wickham AAW/jt Cc: L. Edson 30/shdtb LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 March 27, 2006 RECE WD Southold Town Board MAR 2 8 2006 Town of Southold Post Office Box 1179 53095 Main Road Soollloid Tire„n Clerk Southold,New York 11971 Re: Edson, Change of Zone Application Gentlemen/Ladies: I would like to respond to your letter of February 23, 2006 advising that the Town does not wish to pursue this matter. The Planning Board sent you a letter recommending against the proposed change of zone of this property at this time. Their reasoning, as well as the discussion at their meetings where this issue was addressed,was based in large part on their concern about rezoning this parcel in the absence of consideration of the zoning along the area between the two business areas of Cutchogue. They cited in their discussion the application of Rich's Quality Auto, and the proposals being discussed for the Lizewski and Dunne properties and possibly several others. Therefore, it appears appropriate for the Town Board to consider whether this area as a whole should be addressed. The Cutchogue Stakeholders' report was directed primarily to the center of the Cutchogue Hamlet and makes reference to the King Kullen area, but some intermediate zoning consideration between these two areas should be addressed. The consideration of allowing Mr. Edson's type of business to continue without having to go to the lengths of a full B or HB zoning would also be appropriate, and was also discussed by the Planning Board. I have also discussed with Mr. Edson the concern that the size of his building could lend itself to a"big box” store, and h&is willing to enter into restrictions to prevent this result. Prior to withdrawing the application for the rezoning, I would appreciate the opportunity to explore these ideas with you with a view toward possibly amending the application. i This letter is written for purposes of discussion, without prejudice to our client's rights under the Town Code and applicable zoning legislation, or the pending litigation with the Town. Very truly yours, r A Abigail A. Wickham AAW/jt Cc: L. Edson 30/shdtb PATRICIA A. FINNEGAN TOWN ATTORNEY patrlcia, finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD February 23, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Edson Change of Zone Application Dear Ms. Wickham: The Town Board has received and reviewed the above-referenced application seeking a change in zoning from R-40 to General Business (B). The Town Board had forwarded the application to the Planning Board for their review, and recommendations were received by the Town Clerk on February 10, 2006. The Planning Board has recommended denial of the application for the reasons set forth in their February 7, 2006 Memorandum, a copy of which is enclosed. The Town Board discussed the zone change application and Planning Board comments at the February 14, 2006 work session. The Town Board agrees that the intensity of use permitted in the B zone would be inappropriate at this location. Fudher, the Town Board agrees with the Planning Board's recommendations, and finds that further consideration of a change of zone at this location at this time would be inconsistent with the Town's comprehensive planning efforts. Accordingly, please be advised that the Town Board is not interested in moving forward with the above- referenced application. Thank you for your attention. PAF/Ik Enclosure cc: Members of the Town Board (w/encl.) Very truly yours, Patricia A. Finnegan Town Attorney Ms. Elizabeth Neville, Town Clerk (w/encl.) Members of the Planning Board (w/o encl.) PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~AILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board F~t - 7 2005 From: Jerilyn B. Woodhouse, Planning Board Chairperson Member of the Planning Board Date: February 7, 2006 Re: Edson Change of Zone Application 1000-102-2-p/o 16 An application for a change of zone has been submitted to the Town Board for the above- referenced property. Request is to change the zone on the front portion of the property from R-40 to General Business (B). The business-zoned portion of the property is proposed to occupy 4.5684 acres with the balance of the parcel to remain zoned at R-80. The existing residence and the retail building are located within the proposed business zone. The subject property is 25 ~5023 acres and is currently improved with an approximately 8,064 s.f. retail building and single family residence. The property is located on the north side of NYS Route 25 (Main Road) in Cutchogue. Currently, a small portion of the parcel along Main Road is zoned R-40 with the bulk of the parcel zoned R-80. Planning staff conducted a field inspection of the subject property and surrounding properties in order to assess the potential overall impacts of said change of zone on the Hamlet of Cutchogue. After considering the surrounding land uses and assessing the proposed change of zone against the Town's vision for the Hamlet, the Planning Board recommends the denial of the application. The following observations and recommendations are grounded in our understanding of Town's vision and sound planning principles: 1. The following is taken verbatim from the Town of Southold Hamlet Study: A second commercial area, located outside of the Cutchogue Hamlet Center should be recognized- the area around the King Kullen Shopping Center and the Peconic Bay Winery. This area is clearly not physically or perceptually part of the Hamlet Center, yet il will likely remain a commercial node. As such, a program enhancing and improving the area should be initiated. It is imperative that this area not be allowed to detract from the Hamlet Center itself. Immediate safety issues need to be addressed in front of the King Kullen Shopping Center -the entrance off of Route 25 is poorly lit and there is ~ot turning lane east bound. Coordination with the NYSDOT is necessary to assure that potential traffic engineering solutions take into consideration aesthetic issues and preserve the character of the area. The Planning Board finds that the proposed change of zone is wholly inconsistent with the aforementioned recommendation from the Hamlet Study. Because of the potential intensity of development that may occur, uncontrolled commercial growth or additional business uses may detract from the designated Hamlet Center. In addition, any consideration to linking the Hamlet Center with the King Kullen Shopping Center should part of an overall strategy for the Hamlet. A piecemeal approach that includes rezoning individual parcels without studying the entire area is not advisable and could result in an undesirable change to the landscape. The amount of land proposed to be rezoned is 4.5684 acres. The B zoning district sets the maximum permitted lot coverage at 30% with a minimum lot area requirement of 30,000 s.f.. Currently, the retail building is approximately 8,064 s.f. with a lot coverage of 4%. lfrezoned to B, a building with an approximate first floor area of 59,700 s.£ may be constructed on the property. In addition, there is the potential to further subdivide the property into smaller business parcels, which could result in a total four (4) or more additional business lots of 30,000 s.fi each. Each of these lots could be improved with an approximately 9,000 s.£ building (first floor area). The Planning Board does not support the potential build-out of this site that ntay result from the change of zone. The Planning Board does not support rezoning properties as a mechanism to legalize nonconforming land uses. Such rezoning may be considered "spot zoning" and should be permitted only where there is a demonstrated public need for the proposed use that cannot be reasonably met elsewhere. Many of the sttrrounding properties are improved with single-family residences and will be most impacted by existing and future development of the site. The B zoning district permits, either as-of-right or by special exception, a significant number of intense land uses, including but not limited to, retail stores, restaurants, custom workshops, business and professional offices, wholesale/retail beverage distribution, auto repair shops and fuel stations. The potential changes in use that may occur in the future may have significant environmental, economic or transportation impacts, which may affect the public health, safety and welfare of the local residents. The Planning Board does not support the change of zone in consideration of a recent ZBA decision that allows for att unlimited number of uses in a single commercial building. Even with a change of zone, the Planning Board finds that the nonconfbrmities will continue to exist for this property. The retail building does not meet all of the setback and dimensional requirements of the Town Code, including property line setbacks and the 25 '-wide landscaped buffer requirement from adjacent residential properties. Additionally, them is pending legislation regarding limiting the size of retail structures in the B and HB Zoning Districts, which may also render the existing retail building nonconforming. The Planning Board does not support the change of zone in the absence of "big box" retail legislation. If you have any questions or need additional information, please feel free to contact this office. Cc~ Edward Forrester, Code Enforcement Officer Lori Montefusco, Assistant Town Attorney ~ Patricia Finnegan, Town Attornery Kieran Corcoran, Assistant Town Attorney FEB, 10,2006 9:31AM X0,587 D SCOTT A. RUSSELL Town H~.I _~mnex, 54375 Route 25 P-O- Box 1179 Sout~old, New York 11971-0969 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF I~H~; TO~' ATTORNEY TOWN OF SOUTHOLD RECEIVED FAX TRANSMISSION SHEET FAX TO: FROM: Ms. Lynda Bohn Southold Town Clerk's Office Lynne Krauza Secretary to the Town Attorney DATE: Februaw 10, 2006 RE: Town Board Meeting Discussion item FAX NO.: (631) 765-6145 Number of pages including transmittal sheet: 4 FEB 1 O SouthoM Town Clel~t MESSAGE: Pat would like the attached Memorandum regarding the Edson Change of Zone Application to be placed on the Agenda for next Tuesday's Town Board meeting as a discussion item. Thank you for your assistance. cc: Ms. RuthanneWoodhull (via facsimile) PLEASE CALL 631-765-1939 WITH ANY QUESTIONS OR TRANSMI~I'AL PROBLEMS, PLEASE NOTE: The information contained in this facsimile message is privileged and confidential, and is intended only for the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, kindly contact the office of the $outhold Town Attorney at ($31) 765-1939. Thank you. pLANNING BOA.KD 1VIEMBEHS JEI~ILY'N B. WOODBOUSE Chair KENNETH L. EDWARDS MARTIN H. smoR OEOI~GE D, SOLOMON JOSEPH L- TOWNSEND RECEIVED PLANNING BOARD OFFICE TOWN OF SOUTHOLD *0.~7 ~ 2 FI'- ~dA~LING ADDRESS: P,O, Box 1179 Southold, NY 11971 OFP1C~ ~CA~ON: To~n H~i ~nex 54375 S~ate ~ou~e 25 (cot. MMn Ed. & Youn~ Ave.) Sou~hold, ~ F~: 6~1 ~6~-B1~6 Southold Town MEMORANDUM To; Scott Russell, Town Supervisor Members of the Town Board From: Serilyn B. Woodhouse, Planning Board Chairperson Member of the Planning Board FEB - 7 2005 Date: February 7, 2006 Re: Edson Change of Zone Application 1000-102-2-p/o 16 An application for a change of zone has been submitted to the Town Board far the abov~- refercncedproperty. Request is to change the zone on the front portion of the property from R-40 to General Business (B). The business-zoned portion of the property is proposed to occupy 4,5684 acres with the balance of the parcel to remain ~oned at K-g0, The existing residence and the retail building are located within the proposed business zone. The subject ~oper~y is 25.5023 acres and is currently improved with an approximately 8,064 s.f. retail build/tag and single family residence. The property is located on the north side of NYS Route 25 (Main Road) in Cutchogue. Currently, a small portion of the parcel along Main Road is zoned R-40 with the buIk of the parcel zoned R-SO. Planning staff conducted a field inspection of the subject property and surround/rig properties in order to assess the potential overall impacts of said change of zone on the Hamlet of Cutohogue. After considering the surrounding land useS and assessing the proposed change of zone against the Town's vision for the Hamlet, the Plan~ing Board recommends the denial of the application, The following observations and recommendations are grounded in ow understanding of Town's vision and sound planning principles: 1. The following is taken verbatim from the Town of Southold Hamlet Study: A second commercial area, located outside of the Cutehogue Hamlet Center should be recognized- FEB,-!©,20©6 9: 2AM N0,687 e t~e area around the Kin~ Kullen Shoppi~ Cente~ and t~e P~oni~ B~y ~ ~ area ix clearly not phy~ically or perc~pmally part of the Hamlet Center, yet it will lilly remain a commercial node. As su&, a pro~am enhancing and improving the area should be initiated. It is imperative that th~ area nor be allowed to detract from the Hamlet Center itse~ Immediate safe~ i~sues need to be addr~,ed in ~ont of the King Kullen Shopping Center-the entrance off of Route 25 ~ poorly lit and there is not ~rning lane e~t bound. Coordination with th~ ~SDOT is nec~sa~ to assure that potential ~a~c ~neering solutio~ ta~ into co~ideraaon a~thetic issues and pr~e~e the character of the area. The Planning Board finds that the proposed change of zone is wholly inconsBtent with the aforementioned recommendation from the tlamlet Study. Because of the potential intensity of devalopmcnt that may occur, uncontrolled commercial growth or addi6onal business uses may detract from the designated Hamlet Center_ I~ addition, any consideratian to linking the Hamlet Center with thc King Kullen Shopping Center should part of an overalI strategy for thc Hamlet. A piecemeal approach that includes rezoning individual parcels without studying the entire area is not advisable and could result in an undesirable change to the landscape. The amount of land proposed to be rezoned is 4.5684 acres. The B zoning district sets the maximUm permitted lot coverage at 30% w~th a minimum lot area requirement of 30,000 s.f.. Currently, the retail build/ne is approximately 8,064 s.f. with a lot coverage of 4%. Ifrezoned tn B, a building with an approximate first floor area of 59,700 s.f. may be constructed on the propc~'ty. In addition, there is the potential to further subdivide the property into smaller business parcels, which could result in a total four (a) or more additional business lots of 30,000 s.f. each. Each of these lots could be improved with an approximately 9,000 s.f. building (fir~ floor area). The Planning Board does not support the potential build-out of this site that may result from the change of zone. The Planning Board does not support re~oning propet~ies as a mechanism to legalige nonconforming land uss. Such rezoning may be co,side,ed "spot zoning" and should be permitted only where there is a demonstrated pubhc need for the proposed use that cannot be reasonably met elsewhere. Many of the sorrounding propert/es are improved with single-family residences and will be most impacted by existing and futur~ development of the site. The B zoning district permits, eithar as-of-right or by special axcep~on, a sign/fieant number of intense land uses, including but not limited to, retail stnms, restaurants, custom workshops, business and profeasional offices, wholesale/retail beverage distaSbution, auto repair shops and fuel stations. The potential changes in use that may occur in the future may have significant environmental, economic or transportation impacts, which may affect the public health, ~afety and welfare of the local residents. The Planning Board does not support the change of zone in consideration cfa re. cent ZB.4 decision that allows for an unlimited number of uses in a single commercial building. Even with a change of zone, the Planning Board finds that the nonconformities will continue to exist for th/s prol~arty, Thc retail building does not meet all of the setback and dimansional requirements of the Town Code, including property line setbacks and tho 25'-wide lmadscaped buffer requirement from adjaoent residential prop~ties. Additionally, there is pencliI~g legislation regarding lin'firing tho size of retail structures in the B and I-IB Zoning Districts. which may also render the existing retail building F~-~,,'I(i~, 2C, 06 g:~2AM, NO, 6S? -" ~- nonconforming. Tl~* ~lanning Board does not support the change of zone in the absence of "big box" retail legislation. If you have any questions or n~¢cl additional information, please feel free to contact this office. Cc~ Edward Forrester, Code Baforcem=nt 0Pricer Lori Montefusco, Assistant Town At~on~ey Patficia F{nnegar~, Toxvn Attorneryt..,~' Kieran Cor¢oran, Assistant Town Attorney ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEWYORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 May 20, 2005 Attn: Valerie Scopaz Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Lewis Edson Santa's Christmas Tree Farm 1000-102-2-16 RECEIVED MAY 2 3 2005 Southold Town Clerk Dear Valerie: Enclosed are two prints of the revised map for this proposed change of zone. I call to your attention the elimination of the Depot Lane access and the reduction of area to be rezoned as a result of this change and the moving of the north line southward. Please call my office to schedule a meeting with Bruno, my client and me to review the matter. lfyou need more prints of the map, please advise. Very truly yours, Abigail A. Wickham AAW/jt 30/shdpb I ~ .~.-'~: Town Clerk Town Attorney From: Re: Date: Town Attorney Patricia A. Finnegan Town Planner Valerie Scopaz Town Clerk Elizabeth A. Neville Change of Zone Application of Estate of Grace Edson (Santa's Christmas Tree Farm) SCTM# 1000-102.00-002-P/01.6 January 21, 2005 Transmitted is the above referenced amended change of zone application as submitted by Attorney Gail Wickham yesterday at 3:50 P.M. Ms. Wickham stated that it was the last day for an amended application to be submitted and she was acting under the time frame in order to submit the application for consideration. You will note that I date and time stamped it as "Received" only, not filed or accepted. I also advised her that there may be an additional fee due. Ms. Wickham stated that she will submit the maps and balance of the application after such time as it is reviewed and deemed an acceptable application. Please review and advise if you deem the application as acceptable for submission and acceptance. Thank you. cc: Supervisor & Town Board Members PATRICIA A. FI~NEGAN TOWN ATTORNEY lm~icia. Fmue~n@town.southold.ny.us ~ NL CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoren(~own.southold.ny.us LORI HULSE MONT-:FUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Town Board From: Lod Hulse Montefusco Assistant Town Attorney Date: May 26, 2004 Subject: Town of Southold v. The Estate of Grace R. Edson, et al. Attached is a copy of the Town's reply brief in connection with the action for injunctive relief against the owners of Santa's Christmas Tree Farm, which was filed with the Court on Monday, May 24. The temporary restraining order remains in effect and we now await the Court's decision. LHM/Ik Enclosure cc: Patricia A. Finnegan, Esq., Town Attorney Ed Forrester, Director of Code Enfomement Town Clerk4./ PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us I~F. RAN M. CORCORAN ASSISTANT TOWN ATTORIqEY k~eran.corcoran@town.sout hold.ny.us LOKI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southeld.ny.us OFFICE OF THE TOWN A4~TORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 May 21, 2004 Hon. Daniel J. Loughlin Supreme Court, Suffolk County 400 Cadeton Avenue P.O. Box 9070 Central Islip, NY 11722-9070 Attention: Mary Ellen Harkin, Esq. RE: Town of Southold v. The Estate of Grace R. Edson, et al. Index No. 04-08034 Dear Ms. Harkin: I am an Assistant Town Attorney for the Town of Southold and represent the Town of Southold in connection with the referenced matter. I am enclosing plaintiff's odginal Memorandum of Law in Support of Plaintiff's Order to Show Cause for Temporary Restraining Order and for Injunctive Relief for filing with the Court. Proof of service is attached to this original document. In addition, I am also enclosing a self-addressed, stamped envelope for the Court's convenience in returning to us a copy of its decision. If you have any questions regarding the enclosed, please do not hesitate to call me. ~ I~espe,ct~. lily yours, Assistant Town Attorney LHM/Ik Enclosure cc: Eric J. Bressler, Esq. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD, Plaintiff, - against- THE ESTATE OF GRACE R. EDSON and LEWIS P. EDSON a/k/a LEFFERTS P. EDSON, Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF Of Counsel: Lori Hulse Momefusco, Esq. OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Attorneys for Plaintiff 53095 Route 25, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1939 Plaintiff filed an Order to Show Cause for a Temporary Restraining Order ("TRO") to enjoin defendants fxom operating a non-agricultural retail business in accessory agricultural buildings in violation of the provisions of the Code of the Town of Southold ("Town Code"). The Hon. Paul J. Baisley, Jr. issued a TRO on March 31, 2004 and it continues in effect. Defendants served opposition papers by mail upon plaintiffs attorney's office, which were received on May 7, 2004. PRELIMINARY STATEMENT The Court properly granted a TRO in this case to enjoin defendants from selling retail items in accessory agricultural buildings, because defendants' use of those buildings is not permitted and is dangerous. The buildings are nearly eight times larger than the size permitted if the product sold was agricultural items. Since this business is being conducted in a much greater area than is permitted for retail business, defendant installed, without building permits or the necessary fire and safety inspections, two gas fueled heating systems. Moreover, defendants have installed and extended substantial electrical service to the intended agricultural buildings, also without any of the required electrical inspections or permits. Even if the agricultural buildings were of an appropriate size and defendants had obtained the necessary permits, only agricultural products grown on the premises could be sold there. It is not surprising that a reading of defendants' opposition papers gives no indication as to what is really going on in those buildings. That is because defendants are operating a full-scale retail store devoted to thc sale of ornaments, figurines, decorations and other holiday paraphernalia. It cannot be disputed that this activity is not now, and has never been, permitted in this R-80 zoning district. Such unauthorized use creates a -2- danger to the community in the form of fire, safety and traffic hazards and the injunction entered by Justice Baisley should remain in effect. Defendants' papers seek to hide behind two certificates of occupancy issued by the Town of Southold relating to an "Accessory Nursery Building" and "Addition to an Existing Agricultural Building". These documents, on their face, speak only to agricultural uses, and in no way permit non-agricultural retail sales. And even if they could be construed to do so, which they clearly cannot, these documents do not allow retail sales of any kind in a structure eight times larger than legally permitted, with unapproved heating and electrical systems, and without site plan approval. STATEMENT OF FACTS 1. Defendants are owners of a business located at 30105 Main Road, Cutchogue, New York, known as Santa's Christmas Tree Farm and Girl Shop, located within an R-80 Zone. No retail business is permitted within the R-80 Zoning District except agricultural products grown on the premises. 2. It is undisputed that defendants operate a business at this location that is devoted entirely to the retail sale of holiday ornaments, figurines, candles, miniature villages, animated figures, and other holiday and non-holiday decorations. None of these items can arguably be described as agricultural in nature or as grown on the premises. Accordingly, the retail sale of these items is not permitted in this zoning district. 3. Over the years, the Town of Southold (the "Town") issued two certificates of occupancy for the buildings at this location, on January 13, 1987, for an "Accessory Nursery Building", and on August 21, 1990, for an "Addition to an Existing Agricultural -3- Building". No other permits or certificates of occupancy were ever issued by the Town in connection with the structures on this property. 4. Defendants have never submitted a site plan seeking approval of a retail business on the premises, as required by Section 100-250 of the Town Code. 5. Pursuant to the Town Code, defendants are permitted to operate a retail business on the premises only if products sold are agricultural in nature and grown on defendants' property. Moreover, no retail sales whatsoever are permitted in a structure greater than 1,000 square feet. 6. Defendants have installed two gas fueled heat'mg systems connected to the ceiling of the store. Since defendants never applied for building permits for these structures, no inspection was conducted to ensure their compliance with the New York State Building and Fire Code. 7. The electrical system as originally permitted in the original accessory building is inadequate to sustain the current usage including animated displays, lighting and fixtures. Since defendants never applied for the necessary permits required by the Town Code, the extension of electrical service in the original building and the installation of electrical service in the accessory nursery building did not receive the requisite safety inspections and approvals. 8. Since the time that defendants were granted a certificate of occupancy in 1987 for an "Accessory Nursery Building", intended to be used for agricultural storage only, defendants have slowly and steadily changed its use into a retail use and then increased such use to exclusively retail products not grown on the premises, indeed, the products are made and not grown at all. Instead of marketing wreaths and trees outside -4- the buildings, the store sells, almost exclusively, holiday decorations and goods inside this "Accessory Nursery Building". Defendants have never sought approval for the type of business they are currently operating in this agriculturally zoned district, and have never received any such approval. 9. Since 1996, the Town has served defendants with notices of violations and summonses in an attempt to remedy these violations, as defendants have instead expanded their illegal use for financial gain. The Town has issued orders both to remedy and to cease and desist existing activity in repeated attempts to realize defendant's compliance with Town Code. Defendants have ignored all such notices and orders. (Exhibit A) 10. The steady expansion of defendants' illegal business over time has resulted in a large increase in the number of patrons at the location without change in the number and placement of exits in the building. This expansion has created associated parking problems, such as the absence of designated handicap spaces, handicapped inaccessibility due to the condition of the unpaved lot, the size of the parking area itself. 11. Route 25 is the main east/west road servicing the south side of Southold Town. The increased and unregulated traffic at this point along the traffic corridor, the sole access and egress available to the store, creates a serious impediment to the emergency response of fire, police and ambulance vehicles. 12. Summonses dated October 10, 2003, were served upon attorney for defendants for the following: (a) non-permitted use in the Zoning District; (b) use of structures for retail sales without a certificate of occupancy; and (c) installation of heating equipment without a building permit (Exhibit B). These charges are currently pending in -5- Southampton Justice Court, following recusal by the Judges in Southold Town Justice Court. The next Court date is May 27, 2004. ARGUMENT POINT I DEFENDANTS' OPERATION OF A RET3,11, STORE IS NOT. AND HAS NEVER BEEN. A PERMITTED USE A. Defendants are in Violation of the Current Town Code. Section 100-31A(2)(a) of the Town Code permits, in the R-80 zoning district: "The raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises." It cannot credibly be disputed that the holiday ornamental and decorative products sold by defendants on this site are not "grown on the premises". Accordingly, their sale is prohibited. Even if defendants could overcome this hurdle and somehow demonstrate that the products for sale were agricultural in nature, the buildings are far larger than permitted for such use under the Town Code. The pertinent section of the Town Code "Farm Stands", which by title alone demonstrates just how grossly defendants' actions violate the permitted use, also limits the size of such structures to 1,000 square feet, and requires site plan approval of the Planning Board (§47-3(A)). Defendants' retail operation is nearly 8,000 square feet and has never received site plan approval. -6- B. Defendants were in Violation of the Relevant Prior Versions of the Town Code. In apparent concession of their violation of the current Town Code, defendants attempt to argue that their use was permitted under the previous zoning ordinance, and is therefore "grandfathered" under §100-241 of the Town Code. Defendants are wrong on both counts. The pertinent section of the Town Code from 1984, which was in effect in 1987 when defendants first applied for a building permit, likewise limited retail sales to "agricultural and nursery products grown primarily on the premises", which were not to "exceed one thousand (1,000) square feet in floor area" (Exhibit C). It is uncontroverted that all of the structures at issue, taken either individually or in the aggregate, far exceeded 1,000 square feet when applied for and erected. As such, defendants' buildings were never in compliance with the Town Code. Defendants also cannot claim that they engaged in the sale of "agricultural and nursery products grown primarily on the premises", as required by the 1984 Town Code. Defendants' citation to a Southold Town Justice Court decision from 1984 is unavailing. That decision, which is not binding precedent on this Court, discussed whether the Town Code was sufficiently specific to advise defendants whether their conduct was permitted or prohibited. Defendants here can make no such argument. The retail goods sold by defendants, in structures nearly eight times the permitted size, are not "grown" at all, pr/madly, secondadly, or otherwise. These products are manufactured decorations and ornaments, and defendants well knew at all times that such sale was prohibited on this site. Moreover, even if there could have been any doubt, when the second structure was applied for and approved in 1990, the applicable provision of the Town Code had been amended to delete the word "primarily", resolving any possible ambiguity. -7- C. Defendants have Enlarged and Changed Their Use of the Site, in Violation of §100-241. Even assuming that defendants can cobble together some argument to suggest that they engaged in a permitted use on the site in either 1989 or 1990, their argument that such use is therefore exempted under §100-241 of the Town Code is fallacious. That provision exempts only prior non-conforming uses in their pre-existing state, and specifically provides that such building or use: A. Shall not be enlarged, altered, extended, reconstructed, or restored .... B. Shall not be changed to another non-conforming use .... As demonstrated in the Town's opening papers, defendants have dramatically increased the size and nature of the retail operation. The structures have grown in size from approximately 2,400 square feet to nearly 8,000 square feet. Moreover, the business has transformed into a retail operation that deals wholly in manufactured goods for resale, and bears no relation to an agricultural retail setting. Accordingly, no matter how one looks at it, defendants are in violation of the Town Code. POINT II DEFENDANTS' ILLEGAL OPERATION POSES A DANGER TO THE COMMUNITY Defendants' continued unlawful use of the buildings poses a serious risk to the physical safety of its patrons, employees and others in the community, as well as an economic risk to the health of the business community within the Town of Southold. Despite defendants' claim that there was no additional heating system added to the premises, two gas fueled heating devices, which were never approved, were installed -8- on the ceiling location after the certificate of occupancy was issued and a building permit granted. Additionally, electrical service for the first accessory building was approved only for its intended use as a storage building for agricultural supplies. It is clearly not suitable nor is it safe for the use the defendants currently enjoy. The second accessory building was never approved for an electxical service at all. The reality is that the mount of electrical service has increased exponentially with the additional electrical needs of the lighted displays, lighted ornaments, Christmas displays, heating system, office supplies, cash register, signage, etc. Both the heating and electrical systems create a public danger requiring imm'ment corrective action. The number and placement of exits within the building are inadequate for the large number ofpatxons the business attracts. A retail building of the size of defendants' store requires careful placement of exits for safety concerns. A retail use would necessitate more exits than necessary for a storage building, again for safety considerations. Plaintiff maintains that the parking area is not in compliance with the Americans With Disabilities Act as the lot is unpaved and does not have designated handicapped parking spaces. It only has one means of ingress and egress for its patrons, onto Route 25 which is the main east/west corridor servicing the south side of Southold Town. Defendants concede in their reply that on numerous occasions the police have been required to respond for traffic and crowd control. This is directly attributable to the business being located in the wrong area, as well as the problematic design of the parking area itself. Emergency personnel response along the corridor is delayed with the -9- increased unauthorized traffic, especially during the holiday season, generated by defendants' business. A balance of the equities favors the Town, as pla'mtiff's interest in enforcing provisions of its Code and maintaining a plan of logical development for its commercial, industrial, residential and agricultural areas is much greater than defendants' financial gain. Defendants have routinely ignored attempts by the Town to comply with the Code. Other businesses in Southold Town are harmed by defendants' flagrant violations of the zoning laws and refusal to go through the permit processes that all businesses have been required to follow. The process is in place to protect the health, safety and welfare of its residents and visitors, as well as the financial interest of the business district. Residents in and around the area of defendants' store have made repeated complaints to the Town about the reduction in their quality of life due directly to defendants' illegal operation. POINT III THE CERTIFICATES OF OCCUPANCY ISSUED BY TIlE TOWN IN NO WAY PERMIT DEFENDANTS' ILLEGAL USE Defendants argue that their use has remained unchanged for seventeen (17) years while the Town failed to complain, and in fact, actually encouraged the existing business. The Town's repeated efforts to seek defendants' compliance are at odds with this analysis. A letter dated February 26, 1997 from a Town Building Inspector outlined the existing violations on the premises. In response, defendants' attorney at the time sent correspondence acknowledging the illegal use and the need for a request for a change of zone, and indicated defendants' intention to comply (Exhibit D). Upon defendants' -10- failure to so comply, the Town issued three orders to remedy, which defendant ignored. Then in March 2000 defendants submitted a change of zone application to the Town Board, but failed to respond to requests by the Planning Board for supporting documentation as directed by the Town Board. Defendants' assertions are incorrect in that plaintiff also initiated criminal actions against defendant in December 2000 and November 2001, comparable to the one currently pending before the Southampton Town Justice Court, both were dismissed on CPL §30.30 grounds following recusal by the Southold Town Justices. Defendants' claim that the certificates of occupancy issued by the Town supports the use as a retail establishment. This is patently false. In 1987, defendants grew Christmas trees on the property. Defendants were granted a first certificate of occupancy in 1987 for an accessory nursery building. Such accessory building, by Code definition, is "customarily incidental to the principal use". Because of its size, the building could be used ONLY for storage purposes. While the Town authorized the seasonal sale of products primarily grown on the premises as an "accessory use", it restricted such use to one-story buildings NOT exceeding 1,000 square feet, and the certificate of occupancy would state "farm stand". Defendants fail on both counts: (1) the building is more than twice the permitted size, and (2) the certificate of occupancy does not indicate use as a farm stand, or any retail use (Exhibit E). Therefore, even the broadest, most favorable interpretation for the defendants of the Certificate of Occupancy fails to include the retail use of the accessory building. The second certificate of occupancy, issued in 1990, was for "an addition to an existing agricultural building". The requisite inspection prior to the issuance of the -11- certificate of occupancy indicates no electrical service (Exhibit F). Despite this, defendants enlarged his illegal business to include this addition, complete with electrical service. In no way did either certificate of occupancy authorize a retail business, nor could defendants reasonably interpret either document to permit such activity. The certificates are clear on their face, the building permit applications are silent on a potential retail use, and such use was unlawful under prior and current Town Code. Defendants argue tacit authorization by the Town because defendants have no substantive argument to make. CONCLUSION For the foregoing reasons, the plaintiff, Town of Southold, respectfully requests judgment as follows: (a) an injunction permanently enjoining the defendants from violating the provisions of the Code of the Town of Southold; (b) directing defendants to cease and desist from using and occupying the accessory agricultural buildings in the manner described until such time as defendants have obtained approval for such use and alterations of said structures in accordance with the relevant provisions of the Town Code; -12- (c) for such other and further relief as to this Court may seem just and proper including costs and disbur~,em~ents of this action. Dated: May 21, 2004 Southold, New York OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Att~,rn~ys for Plaintiff Lori I-~e Montefusco, Esq. ~ 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 (631) 765-1939 TO: Eric J. Bressler, Esq. Wickham, Bressler, G-easa & Gordon, P.C. Attorneys for Defendants P.O. Box 1424 Mattituck, NY 11952-0994 (631) 298-8353 -13- MAR 8 2900 Soul,old To~ ~ LAW OFFICES WICKHAM, WICKHAM & BRESSLER, p.c. I0315 MAIN ROAD, P.O. BOX I4E[4 MAtTITUCK, LONG ISLAND NEW YORK II95 :~ TELEFAX NO. 631-~98-8565 March 6, 2000 MELVILLE OFFICe MelVILLE, NEW York 11747 63I-E~49-9480 TELEFAX NO. 631-E~49-9484 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Petition of Estate of Grace Edson to Southold Town Board for Change of Zone Premises: Main Road, Cutchogue, N.Y. SCTM# 1000-102-2-p/o 16 (front portion) Dear Ms. Neville: In connection with the above matter, enclosed are the following: 1. Petition in the Matter of Estate of Graee Edson to the Town Board, Town of Southold for a Change of Zone from R-80 Residentiai to HB Hamlet Business; 2. Six prints of the map prepared by Peconic Surveyors, P.C. showing ail adjacent property owners, owners across the street and owners within 500 feet of the subject premises; 3. Full Environmental Assessment Form - Part I; 4. Applicant's Transactional Disclosure Form; 5. Check for $1,000. payable to the Town of Southold; 6. Copy of Notice with Affidavit of Mailing. Very truly yours, Abigail A. Wickham /L4W/dmc encl. 30/shtnbd P TiTiON .0. PETITION STATE OF NEW YORK TOWN OF SOUTHOLD iN THE MATTER OF THE PETITION OF THE ESTATE OF GRACE EDSON FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING · ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, N~EW ·'YORK. ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: ESTATE OF GRACE EDSON 1. I, LEWIS EDSON.. EXECUTOR OF THE / , residing at Main Road, Cutchogue, New York Petitioner '~' Suffolk County, New York, the undersigned, am the owner of certain real property Main Road, Cutchogue, New York situated at SC~M~ 1000-102-2-p/o 16 and more particularly bounded and described as follows: (SEE SCHEDULE "A" MADE A PART HEREOF) 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 follows: Change of zone from R-80 (residential) to HB (l~.mlet Business) SCHEDULE "A" All that certain, plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: Beginning at a point on the southwesterly comer of the premises herein described, being the southeasterly comer of property known as SCTM# 1000-102- 2-15, where the sa. me intersects the Main Road, and running from said point of beginning North 28 degrees 46 minutes 25 seconds East 118.11 feet to a point; ranning thence in a northerly direction North 40 degrees 23 minutes 40 seconds East 134.42 feet to a point; running thence North 39 degrees 50 minutes 00 seconds East 113.15 feet to a point; nmning thence North 36 degrees 58 minutes 20 seconds East 19.14 feet; thence North 42 degrees 02 minutes 10 seconds West 300 +/- feet to a point; running thence South 36 degrees 19 minutes 50 seconds West 610 +/- feet to a point; running thence South 37 degrees 49 minutes 30 seconds West 420 +/- feet to a the easterly side of Depot Lane; running thence southerly along the easterly side of Depot Lane South 42 degrees 02 minutes I0 seconds West 25 feet; running thence North 37 degrees 49 minutes 30 seconds East 420 +/- feet to a point; running thence North 36 degrees 19 minutes 50 seconds East 131.42 feet to a point; nmning thence South 42 degrees 43 minutes 50 seconds West 442.14 feet to a point; thence South 37 degrees 49 minutes 30 seconds East 90.0 feet to a point; thence North 27 degrees 00 minutes 40 seconds East 90.0 feet to a point; running thence South 63 degrees 25 minutes 50 seconds East 125.00 to the point or place of Beginning. r~d~ed 3. Such request is made for the following reasons: Applicant's Christmas tree farm business has encountered growing customer requests for sale of products related to the business. Applicant would like to more completely relate the retail nature of business to the demands of the public and create a more complete retail line which complements the agricultural business. It is applicant's intention to create a more scenic, historical shopping atmosphere in keeping with the hamlet of Cutchogue and to provide more stable economic viability to the agricultural business. The proposal is in conformity with the Route 48 Corridor ~tudy and prior studies which recommend concentration of retail business in the hamlet centers to deflect retail traffic from Route 48 and the other corridors. The property is directly opposite an automotive repair/autobody shop and other business use. By virtue of the shape of the parcel, the site will not create an imposing or unsightly presence on the Main Road, as the main building area is located back off the highway. ~~~ ~Signature Lewis Edson, Executor of The Estate of Grace Ed$on STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) LEWIS EDSON BEING DULY SWORN, deposes and says that he.is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I{e believes it to be true. ~ - Si~'~ature ~ Lewis Edson, Executor of The Estate of Grace Edson Sworn to before me this--~ day of ~;~-- ABIGAIL A. WICKHAM Notmy Publio, State of New York No. 52-4642871. Suffolk Couaty Commleslon Expires ~ 30, 1~_~/ · :%~x 2000 APPLICANT TRANSACTIONAL DISCLOSURg FOR}{ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take wha{ever action is necessary to avoid same. YOUR NA~g~ ESTATE OF GRACE EDSON . (Last name, first name, middle initial, unless youiare applying in the name of someone else or other entity, such as a company. If so, indicate the:other person's or company's name.) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance i~7~~ Variance Change of zone Approval of plgt Exemption from[plat or official map Othe .r. . (If Other, n~m~ the activity.) Do yo~ personally (er through your company, spouse, parent, or child) have a relationship with any officer or employee of the Town of Southold? -Relationship# includes which the tom-n officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5~ of the If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate lire A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that spply)~ __A) the owrer of greater than 5% of the shares of the corporate stock of the applicant (vhen the applican~ is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corpor~tion); C) an officer, director, partner, or employee of the D) the actual applicant. DESCRIPTION OF'RELATIONSHIP Print nam~ Estate of Orace Edson by Lewis ~dson, Executor TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of The Estate of Grace Edson to the Town Board of the Town of Southold. TO: NOTICE TO ADJACENT PROPERTY OWNERS Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy Go Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily Victoria & James F. Grathwohl Lilliam..Mel¥il~e .Ra~d*and.-Cutcho~ue Cemetery Assocation "YOTJ-AI~E HEREB~GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to -request a change of zone. 2. That the pr~p~erty which is the su, b]ect of the Petition is Ioc,3. ted. adjac, e. nt .to y?ur property and is d~s- crroedas follows: $CTM# 1000-102~2-16, ]~ounded on the .northerzy szne oy ~ana of Jenkins; the easterly side by ·land of Cutchogue Cemetery Association; the southeasterly side by land of Vanname; the southerly side abuts Route '25 and is opposite Pequash Ave.; the southwester, ly · Nde by~a~ds_of Far;ukh & Rouse; and ~he w~s~e~ly s.i. ile. ~y other lands o~. thai Estate oT Grace son za as of ~aso r n o.lums s v ~nc.. c~n o H rp , Doros~ & raft.an. prop S leCt ots etiuon hS mtg ,n low,ns zonins nct. R-80 Residential. · 4. Th. at by such Petition, the undersigned will request that the above-described property be placed in the following zone district d~ssification: ~HB ? Ramjet .BUsine.ss __ · $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at M/in Road, Southold, New York and you may then and there examine the same during regular office'l/ours. ' 6. That before the relief sought may be granted, a public hearing must be held on the .matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Ldn§ Island Trave~e~-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to a~ pear and be heard at such hearing. ~The southerly portion o.f said property runnlug northe=ly a ' distance of ~50 feet· Pet~t~ner Lewis Edson, Executor ~ '~.,~ ' of the Estate of Grace Edso'fl'~.5~.l;..,~, Post Office Address: P.O, Box 1424, Hattituck, New York [1953 PROOF OF MAILING OF NOTICE NAME Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh F~nilyZ¥i~o~ia'&~James F. Grathwohl Allen P. & Jeanne E. Vanname Lillian MelVille Namid Cutchogue Cemetery Association ADDRESS P.O. Box 301, Cutchog~e, New York 11935 2700 Depot Lane, Cutchogue, New York 11935 P.O. Box 441, Cutchogue, New York 11935 28700 Main Road, Cutchogue, New York 11935 Depot Lane, Cutchogue, New York 11935 650 Depot Lane, P.O. Box 199, Cutchogue, H.Y. II'935 Pine Neck Road, P.O. Box 1199, Southold, N.Y. 11971 29745 Main Road, Cutchogue,~New York 11935 9 Cedarfield Terrace, St. James., New York 11780 29925 Main Road, Cutchogue, New York 11935 P.O. Box 11, Cutchogue, New York 11935 Hain Road, Cutchogue, New York 11935 c/o Shirley Astar, Cutchogue, New York 11935 STATE OF NEW YORK: COUNTY OF SUFFOLK: BARBARA A. WEBER . residing at c/o 10315 Main Road, Mattituck, ~Tew York. 11952 . being duly sworn, deposes and says· that on the ~ day of ~ '7. .~ 2000 , deponent mailed a true copy of the ~otice set'forth on the reverse side hereof, directed to each of the abov-.-named persons at the addresses set opposite their respective ha'roes; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cu,- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Hattttuck, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to me this ~'- day of ~ . ~..2pOO. Notary Public OONNA M. ~I~K N~Y PUBLIC. S~te ~ ~ Y~ N~ 4~459, Suf~lk BARBARA A. WEBER PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant elf on the environment. Please complete the entir~ form, Parts A through E. Answers to these questions will be conside as part of the application for approval and may be subject to further verification and public review. Provide any additio information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invc new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Change of Zone application - Applicant: Estate of Grace Edson LOCATION OF ACTION (Include ~tr~et Address, Municipality and County) 30105 Main Road, Cutchogue, New York NAME OF APPMCANT/SPONSOR Estate of Grace Edson c/o Wickham, Wickham & Bressler, ADDRESS P.O. Box 1424 C~YIPO Mattituck, New York NAME OF OWNER (If different) same as applicant ADDRESS see above C~YIPO BUSINESS TELEPHONE ~3! ) 298-8353 I STATE I ZIP CODE NY · 11952 BUSINESS TE~PHONE (631) 298-8353 STATE I ZIP CODE DESCRIPTION OF ACTION Application for change of zone from R-80 (Residential) to HB Hamlet Business. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: l-lUrban I-Ilndustrial OCommercial CIResidentia[ (suburban) I-'lRural (non-fa I-IForest ~g~Agriculture [:]Other 2. Total acreage of project area: 4+- acres. APPROXIMATE ACREAGE PRESENTLY AFTER COk4PLETIO~ Meadow or Brushland (Non-agricultural) acres acre Forested acres acre Agricultural [Includes orchards, cropland, pasture, etc.) 3 acres 2 " acre Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acre Water Surface Area acres acre Unvegetated (Rock, earth or fill) acres acre Roads, buildings and other paved surfaces 1 acres 2 acr~ Other [Indicate type} acres acre 3. What is predominant soil type(s) on project site? ~:>~h'~lv~ a'. Soil drainage: IRIWel[ drained % of site ~Moderately well drained % of site DPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the; Land Classification System? acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes ,l~No a. What is depth to bedrock? (in feet) 2 14-16-2 (2/87) -- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projm or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determin significance may have little or no formal knowledge of the environment or may be technically expert in environment; analysis, in addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actio~ Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic proje~ data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provid( guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall, large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: ~ Part 1 [] Part 2 r-iPart 3 Upon review of the information ~ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: A. The proiect will not result in any large and important impact(s) and, therefore, is one which will nol have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlist&d Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 1 '5. Approximate percentage of proposed project site with slopes: ~-~0% /~)0 % I~10-1 [~15% or greater % 6. Is proiect substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of Historic Places? I-lyes I~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I~Yes 8. What is the depth of the water tab e? ~ (m feet) 9. Is site located over a primary, principal, or sole source aquifer? /~Yes r-INo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I-lYes ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered ~]Yes 1~o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations DYes J~o Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area I-lYes ,J~No If yes, explain 14. Does the present site include scenic views known to be important to the community? E]Yes ~1o 15. Streams within or contiguous to proiect area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or cohtiguous to project area: a. Name ~ b. Size (In acres) 17. Is the site served by~xisting p.ublic utilities? I~Yes [-1No a) If Yes, does sufficient capacity exist to allow connection? DYes [~No b) If Yes, will improvements be necessary to allow connection? l-Wes I-INo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-A,~ Section 303 and 304? [~Yes '~[No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article g of the ECL, and 6 NYCRR 6177 C]Yes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? D-lYes ,J~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or contr~o,,ed by project sponsor 1~. 0/~"~ b. Project acreage to be developed: ~ acres initially; c. Project acreage to remain'undeveloped / ~.~ acres. d. Length of project, in miles: ----- (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed -- f. Number of off-street parking spaces existing g. Maximum vehicular trips generated per hour h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately ~ , i. Dimensions (in feet) of large,,~propo~us ~/~"' height; ~ width; j. Linear feet of frontage along~a public thoroughfare project will occupy is? I I ~ 3 acres· . .. acres ultimately. ; proposed (upon completion of project)? Multiple Family Condominium /~) length: ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. will disturbed areas be reclaimed? []Yes ~No ~/A a. If yes, for what intend~C purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E]Yes [~No c. Will upper subsoil be stockpiled for reclamation? [Yes [~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E3Yes 6. If single phase project: Anticipated period of construction ~'-' months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? ~lYes CINo 8. Will blasting occur during construction? OYes 9. Number of jobs generated: during construction ~ ; after project is complete' 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ~]Yes ~No If yes, explain tons/cubic yards year, (including demolition). year. 12. Is surface liquid waste disposal involved? I-lYes ~1~1o a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~es I-1No Type ~'~ 14. Will surface area of an existing water body increase or decrease by proposal? OYes Explain 15. Is project or any portion of project located in a 100 year flood plain? [Yes ,~o 16. Will the project generate solid waste? [Yes "~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? C1yes I-INo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes e. If Yes, explain E3No 17. Will the project involve the disposal of solid waste~' CIYes a. If yes, what is the anticipated rate of disposal? b. Il yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides~' Q-lyes tons/month. 19. Will project routinely produce odors (more than one hour per day)? Q-]Yes I~No 20. Will project produce operating noise exceeding the local ambient noise levels? l-lYes 21. Will project result in an increase in energy use~ Il-lyes ~1o If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity ~c~, gallons/minute. 23.. Total anticipated water usage per day ~tYY~- gallons/day.(~r~o CJ/t~'~ 24. Does project involve Local, State or Federal funding? E3Yes ~No If Yes, explain 4 25. Approvals Required: Submittal Type Date City, Town, Village Board ~[[Yes I-'lNo City, Town, Village Planning Board ~lYes ~,No City, Town Zoning Board [3Yes ~]No City, County Health Department [:]Yes ~No Other Local Agencies []Yes (~'No Other Regional Agencies [:]Yes ~No State Agencies I-lYes ,~]No Federal Agencies I'qYes [~No Re-Zoning herewith C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision?' I~Yes f-INo If Yes, indicate decision required: l~zoning amendment I-lzoning variance . I~special use permit []subdivision [~site plan C]new/revision of master plan I-Iresource management plan I-Iother 2. What is the zoning classification(s)of the site? R-80 Residential 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? HB - Hamlet Business 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? as per Town Code Section 100-31 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? l-lYes ~1~ 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? Mixed - Pre-Existing Commercial, Residential and Commercial 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/~ mile? .~Z],Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? l-lyes 11. Will the proposed action create a demand for any community provided services (recreation, education, po[i~ fire protection)? i-lyes '~No - hO a. If yes, is existing capacity sufficient to handle projected demand? I-lYes I-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? l-lYes 1~i~ · a. If yes, is the existing road network adequate to handle the additional traffic? I-lYes i-IN.o - D. Informational Details Attach any additional information as may be needed to clarify your project, if there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the infor ~m.~on p~;~vl~ed above is true to the best of my knowledge. Applicant/Sponso.LJ~q~ E.~/~ e~ Grace Edson Date ~r~ $ignat Tit~e ~e~ie Rdson~ ~xec~tor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed. with this assessment. 5 ,% ,%, ~CEIVED WILLIAM WICKHAM LYNNEM. GORDON JAN ET GEABA WlCKHAM, WlCKHAM ~ BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-~98-8353 TELEFAX NO. 631-298-8565 September 11, 2000 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK 11747 631-249 9480 Southold Town Planning Board Post OFfice Box 1179 53095 Main Road Southold, New York 11971 Attn: Valerie Scopaz Santa's Christmas Tree Farm SCTM# 1000-102-2-16 Dear Valerie: Please be advised that we are working with Eschbacher Engineering, P.C. on a traffic study. While there has been a considerable delay, we hope to be in a position to schedule a meeting with you shortly. AA W/kc 30/sbtnpble cc: Southold To~vn Board Gregory YakaboskL Town Attorney Very truly )'ours, IAbigedl A. Wickham 29745 Main Road Cutchogue, NY 11935 April 3, 2000 Supervisor Cochran Town Hall Main Road Southold, NY 11971 Dear Supervisor Cochran: We are writing again to ask you to deny Mr. Edson's request to rezone the Cutchogue property owned by the estate of Grace Edsun. The petition is now being evaluated for environmental concerns. We are also asking you to enforce the existing codes on all residential properties in the general interests of our community. The failure to enforce codes has led to a spreading blight in our neighborhood. Our residence is literally surrounded by illegal activities. We are bounded on the west by Mr. Dunne's junkyard, which has been cited by the Suffolk County Health Department, on the northeast by Mr. Edson's illegal business, and on the east by Mr. Farruhk's one bedroom, single ~amily dwelling that is used as an illegal dormitory for a variable number of7-11 employees in shifrs. If you agree with Mr. Edson's philosophy of changing the code to legitimize the illegal use ofa propexty, we will be surrounded by a junkyard, a series of stores that Mr. Edson mils enhanced shopping and we mil a strip mall, and a one-bedroom motel. Please enforce the codes as they exist and do not spot zone. If Mr. Edson convinces you that we need more stores, despite an available store front a few doors fi'om his farm and despite the available store fronts in Mattituck, Peeonic and Southold, please respond with a study to plan the development of future businesses along Route 25 throughout Southold Township. Traffic, parking and the quality of our communities should be our major concern, not the financial interests of one mai1. Thank you for your consideration of our requests. Sincerely, /~ ./~ Carol House t~ James A. House t~! -:-;:ttflSORS O, -:',E '" ",'u' ,lt'~ .C2F ~O_L!r~L':. WILL~AM WICkhAM ErIC J. BRESSler ABIGAILA. WICKHAM LYNNE M. GORDON JAN ET GEASA ~W OFFICES WICKhAm, WICKHAM ~ BIRESSLEIR. P.C. 10315 MAIN ROAD. P,O. ~BOX 1424 MAttITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-:~98-8565 March 28, 2000 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE I1~ MELVillE. NEW YORk II747 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 1197l Re: Petition of Estate of Grace Edson to Southoid Town Board for Change of Zone Premises: Main Road, Cutchogue, N.Y. SCTM# 1000-102-2-p/o 16 (front portion) Dear Ms. Neville: In connection with the above matter, we enclose the following: 1. Original Certified Mail Receipts; 2. Original Return Receipts; 3. List of property owners with appropriate tax map numbers; 4. Copy of Affidavit of Mailing. You will note that the original mailing sent to Mr. Joseph P. Dunne was returned to us. We have forwarded this to him a second time. Should you have any questions, please contact me. Very truly yours, / Abigail A. Wickham .4A g;~aw encl. $O:shmbd TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of The Estate of Grace Edson to the Town Board of the Town of Southold. TO: NOTICE TO ADJACENT PROPERTY OWNERS Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily Victoria & James F. Grathwohl Lillian Me!¥ilt~ H~=q~d.Cutchog~e Cemetery Assocation YOU-~RE HEKEBWG1VEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to -request a change of zone. 2. That the property which is the su, bject of the Petition is located adjacent to your pro _p~rty and is des- cribed as follows: SCTM# 1000-102-2-16, ~oounded on the northerly side by lan~ of Jenkins; the easterly side By land of Cutchogue Cemetery Association; the southeasterly side by land of Vanname; the southerly side abuts Route 25 and is opposite Pequash Ave.; the southweste.rly · side by ~ands of Far[ukh & House; and the w~s~erly side by other lands of the Estate of Grace Edson la ds of Eoso ar n o~umb s · o .I~c,~ ckh , H rp , Dorosk~ & rattan. ~.n~at tr~e property ~vnn'ic~ ,s ~ s~lect o~su~ ~et,t,on ,s~cat~:V,n ~e }hc~low,ng zon,ng ~str, ct: g-80 Residential. 4. That by such Petition, the undersigned will re§uest that the above-described property be placed in the following zone district classification: HB - Hamlet Business __ $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office'hours. 6. That before the relief sought may be granted, a public hearing must be held on the .matter by the Town Board; that a notice of such hearing must be published at least ten days' prior to the date of such hearing in the Suffolk Times or in the Lbng Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you o~ your representative have the right to ap- pear and be heard at such hearing. Dated: March. ~ , 2000 *The southerly portion of said property runnmng northerly a distance of 450 feet. Pe{lt~loner Lewis Edson, Executor of the Estate of Grace Edson Post Office Address: c/o Wickham, Wickham & Bressler, P.C. P.O. Box 1424, Mattituck, New York 11953 Edson Property- Santa's Christmas Tree Farm 1 ) Santa's Christmas Tree Farm 1000-102-2-16 2) ADJACENT OWNERS: /1000-102-2-2.3 ROBERT & JOAN JENKINS P O BOX 301 CUTCttOGUE, NY 11935 1000-102-2-2.5 ANTHONY DOROSKI & WIFE 2700 DEPOT LANE CUTCHOGUE, NY 11935 1000 - 102 -2 - 3 JOHN R. & BEATRICE MURPHY P O BOX 441 CUTCHOGUE, NY 11935 ,,1000-102-2-4 G. WICKHAM 28700 MAIN ROAD CUTCHOGUE, NY 11936 1000-102-2-5 MARIAN COLUMBUS CLUB, INC. DEPOT LANE CUTCHOGUE, NY 11935 1000-102-2-7 MARY LOZOWSKI 650 DEPOT LANE, P O BOX 199 CUTCHOGUE, NY 11935 1000-102-2-12.2 JOSEPH P. DUNNE P1NE NECK ROAD, P O BOX 1199 SOUTHOLD, NY 11971 PROOF OF MAILING OF NOTICE NAME Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy Go Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily~¥thtoria &=/~mes F. Grathwohl Allen P. & Jeanne E. Vanname Lillian Melville Hamid Cutchogue Cemetery Association ADDRESS P.O. Box 301, Cutchogue, New York 11935 2700 Depot Lane, Cutchogue, New York 11935 P.O. Box 441, Cutchogue, New York 11935 28700 Main Road, Cutchogue, New York 11935 Depot Lane, Cutchogue, New York 11935 650 Depot Lane, P.O. Box 199, Cutchogue, N.Y. 11935 Pine Neck Road, P.O. Box 1199, Sou[hold, N.Y. 11971 29745 Main Road, Cutchogue, Mew York 11935 9 Cedarfield Terrace, St. J~am~, ~ew York 11780 29925 Main Road, Cutchogue, New York 11935 P.O. Box 11, Cntchogue, New York 11935 Main Road, Cutchogne, New York 11935 c/o Shirley As[ar, Cntchogue, ~ew York 11935 STATE OF NEW YORK: COUNTY OF SUFFOLK: SS.: BARBARA A. WEBER .residing al c/o 10315 Main Road, Mattituck, New York 11952 . being duly sworn, deposes and says that on thc ~ day of ~'/~,~ - .:~1-~ .~O00 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov-.-named persons at the addresses set opposite their respective names; 'hat the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- ent assessment roll of the Town of Sou[hold; that said Notices were mailed at the United States Post Office at latE.truck, New York ; thai said No[ices were mailed to each of said persons by (certified) registered) mail. BARBARA A. WEBER ,/1000-102-2-13 JAMES & CAROL HOUSE 29745 MAIN ROAD CUTCHOGUE, NY 11935 ~ 1000-102-2-14 BAIG FARRUKH 9 CEDARFIELD TERRACE ST. JAMES, NY 11780 -4000-102-2-15 EMILY VICTORIA AND JAMES F. GRATHWOHL 29925 MAIN ROAD CUTCHOGUE, NY 11971 /i000-102-2-17 ALLEN P. & JEANNE E VANNAME POBOX 11 CUTCHOGUE ,1000-102-2-18 / LILLIAN MELVILLE HAMID MAIN ROAD CUTCHOGUE, NY 11935 di000-102-2-21.1 CUTCHOGUE CEMETERY ASSOCIATION %SHIRLEY ASTAR CUTCHOGUE, NY 11935 SENDER CO~1PLET£ THIS qECTION · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arbcle Addressed to: Town of Sou~~ PO Box 1179 Southold, N -~ g 177 432 248 PS Form 3811, July 1999 Domesbc Return R~eipt C'.' ture ~/~ t~- ' ' [] Agent -"]~ ./ti~ ~ [] Addressee D, Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3.~e~wSe ice Type ~.Cer[ifled Mail ~_xpress Mail [] Registered l~[~deturn Receipt [or Merchandrse r'l rnsured Mail [] C.O.D. 4. Restrcted Delivery? (Extra Fee) [] Yes 102595-99 M-1789 i S, ENDERg~r~ ~ ,~o~~.~ ~ 3. A~c~e Addressed to: I also wish to receive the following services (for an extra fee): 1. [] Addressee's Addres~ 2. [] Restricted Delivery Consult postmaster for fee. Number ',,' Z 543 427 553 4b. Ser~ce Type Z 543 427 553 US Postal Service edson Receipt for Certified Mail NO Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent Io Mr. & Mrs. R. Jenkins i Street & Number P.O. Box 301 Post Office. State & ZIP Code Mr. and Hrs. Robert Jenkinc E_ Cutchogue, NY 11935 _ t?ost Offic= Box 301 [] R~ter~d ~C~ Postage ~Cutchogue, NY 11935 ~R~~~m~l[ O In~ Ce.iEedFee 0 COD 7. Da~ of ~live~ S~cial Del~ve~ Fee ~ ~ / -- ~'~ Restd~ Oelive~ Fee 5. ~ ~: (~t ~ ~ 8. A~e s A~r~ (~ly if r~u~t~ ~ ~ ' ' ~ Retum Receipt Showing to %~ ~'(4~' ~X ~"~) ~ ~om& DateDel,vered 6. ~na~e: (~ ~n~k _/ ~ Rel,m R~eipt~owm~to~om. ~ ~ostmam or Date I SENDER: 3. Nticte Addressed to: ~r. and Krs. A. Deroski 2700 r .... . Cu::chogue, NY 11935 [ l;iec~i~l By: (Print Name) , PS Form 3811, December lgg4 I a~o w~h te receNe the folfow~g ~racea (for an extra fee): Consult postmaster for fee. 4a. Arttcle Number Z 543 427 55l+ 4b. Service Type ~ [] Registered ~ [] Ex~re~s Mail [] Ir~urad 8. Addras~ee'~ A~ (~ly ff Domestic Retum Receipt Z 543 427 554 US Postal Service e d s o n Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Mr. & Mrs. A. Doroski Street & Number 2700 Depot Lane Post Office. State & ZIP Code Cutchogue, NY 11935 Postage $ Ceri,fied Fee Sbedal Dehven/Fee RestriCted Del~ven/Fee Whom&Date Deliv~. '~ /'~ Return Receipt Showi~ lo Wnoe:"--'"",- ' ' PostmarkorDa¥ , ' ' ~-'../ -- I i SENDER: ~ 3. Article Addressed to: I aJso wtah to receive t~e following services (for ~ e~m toe): 1. ~ ~'s 2. ~ ~ ~live~ ~nsuE ~a~r for f~. 4a. Article Number Z 543 427 555 .h,L:r, Il. and B~:atrJce Murp'r, 4b. Service Type Post Of'rice Box 441 - [] Registered [~Cerg~ed Cutchogue, NY !1935 nflxpresaM~l []insured ~ R~um U,c,~ ~ [] COD 7. Date of Del~aery 6. $1g~atur~']~ or Agent) ., PSFo~m3~11, Decemb~l~, J.-'~/ m~s~e-~-o~e Domestic Return Receipt Z 543 427 555 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to John R. & Beatrice Murphy Street & Number P.o. Box 441 Post Office Stale & ZIP Code Cutcho:~ue, NY 11935 Post. e $ Rstum Receipt Showing to 3. Afllcle Addressed to: 4a. Article NumbM Z 543 427 ~:r~. G. Wickham r~ce ab. Se Type 28700 Main Boad E] Registered Cutchogue ~ ~y 11935 [;E'h~,um ~ ~a~v~ne~m[]7. Date~°r'~ ~of Oe~very 6. Signature: (~ o(.A[ge~) . ~C · PSF~$811,D~r~ ~ DomesticRetumR~eipt Z 543 427 556 US Postal Sero/ice edson Receipt for Certified Mail No Insurance Coverage Provided. Do not use lor International Mail (See reverse) Sentlo G. Wickham Stmst & Number ?R70N HP, j~ ~nad Post off' tat & zip Code ~i~c~.ogue, NY 11935 Certified Fee ,/ ?~ Spedal Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Oate Delivered ~a::~d~,,s ,, ' TOTALPC Ha Z 543 427 552 i SENDER: .Co~1 md/m 2 for addak~ #n, tc~, following seas (~r~ w~ ~m~ ~ ~ ~ ~. 2.~ ~ Dellve~ ~ 3.~ ~ ~: ~. ~ N~r Z 543 4b ~ T~ ~ US Postal Service edson Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Send'arian Columbus Club Stre & Number ~epot Lane Pos~ Office. State. & ZIP Code , Z 543 427 552 r-tchogu~ MY 4b. Sen~ceType Postage $ Marian Columbus Club Depot Lane [] ~~ Ce~i~Fee /'~ ~ ~ ~ ~ ~D Spedal Delive~ Fee : CU~C~ ~. tl~~ 0 TOTAt Postage [Fee, $ ~. SENDER: I m wWa to receive the ~ ~ .~ ~ ~m ~i~ a~w~ ~ ~ ~ ~nsuR ~mas~r ~ f~. ~ ~ ~ Z I:::3 427 557 ~ ~ Mrs. Mar~ Lozow~ki ~.~Ty~ ~ Z 543 427 557 US Postal Service edson Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Mrs. Mary Lozowski Street & Number 650 Depot Lane - Box 199 Post Office. State. & ZIP C~de Cutchogue, NY 11935 Postage $ .~,~ 650 Depot Lane --l'.".. Box i99 Certified Fee Cutchogue, :.~Y 11935 D~..xpressMall []ln~ured ; Special Oelivery Fee [~RetumRec~iptfm'~t~ram~ee~ [] COD '7, Date of DeliYe~ / ~ Restricted Deliver/Fee '~ //~//~/~'/, ~ ~ Retum Receipt Showing to /~,~' ~'=-~ ~' I~ ~ /' ~ /~,~ re' ~ ~ ~ Postm o, ~t~ ;' .-' : --- PS Form 3~11, December 1. ,--Domestic Retum Rece,. Z 543 427 558 edson US Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail (See reverse) Joseph P. Dunne P.O. Box I199 Southold, NY 11971 Postage $ .~.o~ Certified Fee Restdcted Delivery Fee Retum Receipt Showing ,o Whom & Date Delivered RemrnRece~ptShow~ngtoWh~a; -" TOTAL Postage & Pees " Z 320 355 821 US Po~q~ Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail (See reverse) Joseph P. Dunne Pine Neck Road Southold, NY 11971 Postage $ .~ SENDER: 3. Ar~cle Addressed to: ,Tame:3 & Carol House 29745 Ya!n .C,ttchogue, Nf 11935 I also wi~ to receive the following services (for an extra fee): 2. r-I Restdctod Delivery Co.suR postmaster for fee. 4a. Artide Number Z 543 427 559 [] Registered Recei~f~ [] COD 7. DaM of De~a~y 8. Addm~'e and fee is patd) Domestic Retum Receipt Z 543 427 559 edson US' Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail (See reverse) S~j?nes & Carol House Street & Number 29745 Main Road Post Office, State, & ZIP Code Cutchogue, NY 11935 Postage CerMied Fee Special Delivery Fee Re$1rictod Delivery Fee Return Receipt Showing to Whom& Date Delivered Rdum Receipt Showing to Whom Date, & Addressee's Addres , .. TOTAL Postage iSENDER: I also wish to receive the · ~.~ 3. 4a, md4b. following ~ervice~ (for an Z 543 427 560 edson US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemalional Mail (See reverse) 1. [] Addressee'e Address ~' 2. [] Rest~ Delivel7 Consult ~r ~r f~. ~ M: ~. ~i~e Numar Z 543 427 560 biz. Baiv, Farrukh ~.~Ty~ 9 Cedarfield Terr.,ce St. ,James, ~;Y ].1780 ~ DI~ ~F~ll,~I~ ~ 1~ ~s~RetumR~pt Sent to bir. Bai~ Farrukh Street & Number 9 Cedarfield Terrace Post Office State. & ZIP Code St. James, NY 11780 Postage Cerlif,ed Fee Special Dehvery Fee i GENDE~: '~" e ~ ltw,~ ~ a~o~ 2 ~ .,d~ .~. h3eowi~g se~se (for an 3. A~ A~r~ ~: 4i. ~ Nu~r Emily Victoria_ and ~ ~Ty~ Jnmes F. zra~hwohl ~'__ .'~wz~ ~azn ~oa~, Cutchogue, New York [1935 5. R~ I~y:(lnj~e) /. Z 543 427 562 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Inlernational Mail (See reverse) SenttoKmily Victoria & 29925 Main Road Cutchogue, New York 11935 Postage TOTAL Posta~,e & F~es S ~/~ Z 543 427 561 US Postal Service edaon iSENDER: I eJso wish to receive the Receipt for Certified Mail · ~ Itam~ 3, 4a. mxl ,lb. foflowing services (for an No Insurance Coverage Provided. !' c~ mylar r'm'r~'- °~ th~ - °f ~' f°en ~° that w~ can "~um ~h' extra h~): i ~t.o & Mrs, A, VanName · ,~p~_~;h'~6crntomefrQr, tolthe~.or~ll~eba~klf~mlc~do~rxX 1.r9 Addren~an'$Addrese I Do not use for lnternational Mail (See revorse) . m~m~'~m.~mF~:~,~t~am,.o~thernal~Necebmo~thea~,enumber. 2.1'-I RestrlctedDelivery e Nu ber Oon~JIt po~trn~ter for fee, j Cutcho~ue, NY 11935 Z 5/*3 427 561 Mr. & Mrs. A. VanName 4b ServlceType E Postage $ //4 6. Signature: (Addre~ee or.a/genO - PS Fff3811, December 1994 --o2~ Domestic Return Receipt ~ Poslmark or Da~e '! ~]// Z 543 427 563 edson US Postal Service i SENDER: I ~ ~ to re~ve th~ Receipt for Certified Mail m Corn~,e~ itema 1 am:l~ 2 k~ a~f~tloaaJ N~*~ee. foltowtng eewioss (for an · Comc~m ~ 3. 4a. a~l 4b. No Insurance Coverage Provided. ]!cardlo. . IDonotuselorlnternationaIMail(Seereverse) m Altaeh t~Jfoml to the fm~t of the mal~p~ece, or o~ ihe back II %~,~ d~e~ n~ t.r'l A~d~ $ Addre~ Sent to m~r~'(~ ~ReQum~m~abei~B-,em.~cfe n~mbe~. 2. [] Restdctod Deliver/ bits. Lillian Melville Halle Main Road i 3. Article Addres~e~l to: 4a. A~ N~ ~Ul~ J Post Office, State, & ZIP Code Z 5~3 427 562 Cutchogue, NY 11935 4b. Sewice Type Postage $ ~h-s. i.il!ian M. Harold [] Reg~red ~Ce~fled Main Road [] ~--M,I =Insured I SpeoalCediliedFeeDeliveryFee Cutchokue, NY 11952 5. R~el~ By: (Print Name) 67SIgaature: (A~3~lr~ee orA~ent) 7. Date of Dellvary PS Fo~m 3811, December 1994 mases-~.~ Domestic Return Receipt TOTAL Posta§e & Fees SENDER: 3. Article Addmseed to: L-L Cutchogue Cemetery Assoc. ., c/o Ms. Shirley Asta~' !( Main Road ,, ': Cutchogu,;, NY 11935 1' Z 5. Received By: (Print Name),, 6. Signat~e: (Addreesee o¢ ~0 PS FO~ ~11, D~r 1 ~ I also wlsh to receive the following so.ices (for an extra fee): 1. [] Addreesee's Address 2. [] Restricted Delivery Consult po~master for fee. 4a. Artide Number Z 543 427 564 4b. Serv~e Type [] Reg~tored [] Express MNI [] Insured ~R~um ~ ~ ~.mandlse [] COO 7. Date of ?el~ery 102596-8~-B~022~ Domestic Return Receipt Z 543 427 564 US Postal Sewice edson Receipt for Certified Mail No Insurance Coverage Provided. Do not use Ior International Mail (See reverse) SenHo Cutchogue Cemetery Assoc. hl~ qh~rl ey A~tar reqt & N ber ~n ~Jad ostOfl' e. State.&ZIP ode ¥or 11952 Postage $ Certified Fee Speoal Delivery Fee Resmcted Dehvery Fee Return Receipt Show~ng to , Whom & Date Delivered - ' -... /~.~ Dale, & A~dlessee'~r~ ~ Po,,.g?Frs,'X $ Postmark or Da~ 7 / March 16, 2000 Bennett Odowski, Jr. Chadman, Town Planning Board Town Hall Main Road Southold, NY 11971 ~CEIVED MAR 1 2000 ~,.d~rl'~olcJ Iown (:lork Dear Mr. Orlowski: We respectfully ask you to respond negatively to the Town Board when you advise them on the rezoning of property SCTM# 1000-102-2-16 from R-80 to HB. Mr. Lewis Edson, Trustee of the estate of Grace Edson, manages the property. Over the past 22 years, the land has been used to grow potatoes, nursery stock and evergreens. For the past ten years, Mr. Edson has operated a retail store in a building approved for agricultural storage. He sells Christmas related items that are not agricultural products. Mr. Forrester, the Building Inspector, has stated that the Building Department has received correspondence from citizens regarding the retail operation but has not issued any citations. Mr. Edson uses dilapidated buses parked behind his building for storage. There is no visual barrier between his building and the neighbors' backyards, so the rusting buses seriously impair the quality of the backyards. Mr. Edson houses reindeer in a display area with vending machines dispensing food pellets. He does not have the required permit from USDA, which ensures adequate housing, veterinary care and health testing of the animals. As deer are known carders of tuberculosis and the hungry reindeer eat out of children's hands, the testing of these animals is of utmost importance. Also, the reindeer are inadequately housed, causing a buck to gore a doe to death a few years ago and causing regular breakouts, a threat to both cars on the Main Road and the animals. We have seen what Mr. Edson's idea of running a business is, and we foresee the following negative impacts if the spot zoning is allowed: -The spot zoning will set a precedent for the 13 contiguous properties, located on both the Main Road and Depot Lane, and allow those property owners to request a similar zoning. An ugly strip mall could result. -Mr. Edson cites business on the opposite side of Main Road as a precedent. If a major route is no longer considered a barrier, the south side of Main Road could also be in jeopardy. -Traffic on Main Road would be severely and negatively impacted, with the residents served by Pequash Avenue requiring the installation of a traffic light. -The loss of 12 acres in our community will substantially alter the rural character of our hamlet. Cutchogue's open vistas were a prime factor in its being named one of the 100 best small towns to visit in the USA by the National Geographic Society. -Historically valued homes (Harold, House and Fleet properties, to name three) would be compromised, surrounded by a business zone instead of their odginal agricultural setting. -There are already vacant business*zoned locations nearby. A new 12-acre HB area is unnecessary and would exacerbate the vacancies in Feather Hill, downtown Cutchogue and the building next to King Kullen plaza, to name a few existing locations that would be happy to house Mr. Edson's business. -The products Mr. Edson proposes are neither daily needs of Cutchogue residents or even products of the USA, but rather tourist gimmicks. His stated goal of providing "a more scenic, historical shopping atmosphere" is harshly contradicted by his use of rusting buses for storage, his lack of compliance with fire codes within his building and his inadequate care of display animals, -The value of properties in the area will suffer, The home of Eleanor Zaneski sold last year for less than $90,000, as the unsightly buses dominate the backyard. Unfortunately, the money from her home was intended for her elder care and she was forced to move in with relatives in Pennsylvania. We hope you will consider the vast negative impact the spot zoning of this property will have on the honest citizens of Cutchogue and resoundingly reject Mr. Edson's request. We further request that appropriate actions be taken concerning any current violations of codes be cited and that they be immediately remedied. We would appreciate if you could notify Carol House (phone 734-6288 or fax 734-259~1) of the date of the Town Board meeting as there is a large number of concerned citizens interested in participating in this decision. Thank you for your attention to this matter. Town Of Southold ~ P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 03/08/00 Transaction(s): Petition Check#: 1358 Receipt#: Total Paid: 1358 Subtotal $1,000.00 $1,000.00 Name: Frist, Town Realty P O Box 1526 Southold, NY 11971 Clerk ID: LINDAC internal ID: 3596 TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of The Estate of Grace Edson to the Town Board of the Town of Southold. TO: NOTICE TO ADJACENT PROPERTY OWNERS Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily Victoria & James F. Grathwohl Lill~an. Metyille .Ham~d~and.Cutcho~ue Cemetery Assocation YO~-A1UE HERE'BYG1VEN NOTICE: 1. That it is the intention of the undenigned to petition the Town Board of the Town of Southold to -requ~ta change of zone. 2. That the property which is the su, b|ect of the Petition is located adjacent to your prope _rty and is des: cribed as follows: SCTM# 1000-102-2-16, ~oounded on the northerly eide by land of Jenkins; the easterly side by land of Cutchogue Cemetery Association; the southeasterly eide by land of Vanname; the southerly side abuts Route 25 and is opposite Pequash Ave.; the southweste.rly · side by hands of Farrukh & House; and the westerly side by other lands of. the Estate DJ Grace Edson la ds of Edso ~ ar n ctlumb s o .~fic,~/ ckh · M rp , DoroskJ. & rattan. ~.n~'hat ~e property ~v~lc~ ,s tll~ subject o~sUc~t~-¥'el!,tlon ,s ~cat~admm ge ~o~low,ng zonmg ~str,ct: g-80 Residential. 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: HB - Hamlet Buslne~s _ S. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relie, f sought may be granted, a public hearing must be held on the .nuotter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: March ~ , 2000 *The southerly portion of said property running northerly a distance of 450 feet. Post Office Address: c/o Wickham, Wickham & Bressl~R,-_. ~.C. · .,,r.' P.O. Box 1424, Mattituck, New York 11953 OF MAILING OF NOTICE NAME Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emilyi¥i6toria &,~mes F. Grathwohl Allen P. & Jeanne E. Vanname Lillian Melville Hamid Cutchogue Cemetery Association ADDRESS P.O. Box 301, Cutchogue, New York 11935 2700 Depot Lane, Cutchogue, New York 11935 P.O. Box 441, Cutchogue, New York 11935 28700 Main Road, Cutchogue, New York 11935 Depot Lane, Cutchogue, New York 11935 650 Depot Lane, P.O. Box 199, Cutchogue, N.Y.11935 Pine Neck Road, P.O. Box 1199, Southold, N.Y. 11971 29745 Main Road, Cutchogue,~N~w York 11935 9 Cedarfield Terrace, St. Jam~, New York 11780 29925 Main Road, Cutchogue, New York 11935 P.O. Box 11, Cutchogue, New York 11935 Main Road, Cutchogne, New York 11935 c/o Shirley Astar, Cutchogue, New York 11935 STATE OF NEW YORK: COUNTY OF SUFFOLK: .SS.: BARBARA A. WEBER . residing at c/o 10315 Main Road, Mattituck, New York. 11952 . being duly sworn, deposes and says that off the ~ day of ~ ¥ 0~ 2000 . deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov-.-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to me this day of /~m,w~,~ , ~:~t 2000. Notary Public DONNA M. ~ITUK NOTARY PUBLIC. S~te 0f N~ Y~ BARBARA A. WEBER TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of The Estate of Grace Edson to the Town Board of the Town of Southold. TO: NOTICE TO ADJACENT PROPERTY OWNERS Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily Victoria & James F. Grathwohl Lillian Met¥ilte Ham~-a~d Cutcho~ue Cemetery Assocation YOU-A1LrI~ HEREBY G1VEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to -request a change of zone. 2. That the property which is the su.b|ect of the Petition is located adjacent to your prope _r~/and is des- c~ibed~follows: SCTM# 1000-102-2-16, ~oounded on the northerly side by land of Jenkins; the easterly side by land of Cutchogue Cemetery Association; the southeasterly side by land of Vanname; the southerly side abuts Route 25 and is opposite Pequash Ave.; the southweste.rly side by lands of Farrukh & House; and the westerly side by other lands of. the Estate of Grace Edson ~n~l la~ds of Edsoq~ Marian ~o~umbus Ql~,b, lnc,, W~ckha~no M~rp~y, Doros~ & ~ra~tan. ~. i hat the property wmcn ~s the suoJect or SUCh retit~on is Iocateam the following zomng a~str~ct: R-80 Residential. 4. That by such Petition, the undersigned will recjuest that the above-described property be placed in the following zone district classification: lIB - Hamlet t~usiness _ 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, $outhold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the .matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. ~The southerly portion of sa±d - property running northerly a i~-~-~'~ /~ distance of 450 feet. Pe~lI~ner Lewis Edson, Executor : · of the Estate of Grace Eds~* Post Office Address: c/o W±¢kham. Wickham & Bress3~e<, P.C. P.O. Box 1424, Mattituck, New York 11953 PROOF OF MAILING OF NOTICE NAME Robert & Joan Jenkins Anthony Doroski & wife John R. & Beatrice Murphy G. Wickham Marian Columbus Club, Inc. Mary Lozowski Joseph P. Dunne James & Carol House Baig Farrukh Emily~Vi~toria &~ames F. Grathwohl Allen P. & Jeanne E. Vanname Lillian Melville Hamid Cutchogue Cemetery Association ADDRESS P.O. Box 301, Cutchogue, New York 11935 2700 Depot Lane, Cutchogue, New York 11935 P.O. Box 441, Cutchogue, New York 11935 28700 Main Road, Cutchogue, New York 11935 Depot Lane, Cutchogue, New York 11935 650 Depot Lane, P.O. Box 199, Cutchogue, N.Y.11935 Pine Neck Road, P.O. Box 1199, Southold, N.Y. 11971 29745 Main Road, Cutchogue, New York 11935 9 Cedarfield Terrace, St. J~m~, New York 11780 29925 Main Road, Catchogue, New York 11935 P.O. Box 11, Cutchogue, New York 11935 Main Road, Cutchogue, New York 11935 c/o Shirley Astar, Cutchogue, New York 11935 STATE OF NEW YORK : COUNTY OF SUFFOLK: SS.: B~dlBARA A. WEBER . residing at ¢/o 10315 Main Road, Mattituck, New York. 11952 . being duly sworn, depos~ and says that on the ~ day of ~ ,~x~ 2000 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed ~o each of the abov-.-named persons at the addresses set opposite their respective names; tba£ the addresses sel: opposite the names of said persons are Ihe addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck, New York ; ~hat said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to me tl~is day of /'~a4,~ , ~:9 2000. Notary Public DONNA M CHIIDK BARBARA A. WEBER APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ESTATE OF GRACE EDSON . (Last name, first name, middle initial, you are applying in the name of someone other entity, such as a company. If so, the other person's or company's name.) unless else or indicate NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance I ~ Change of zone Approval of plat Exemption fromlplat or official map Other t (If "Other," n~me the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of th~ Town of Southold? 'Relationship" includes by blood, marriage, or business interest. "Business interest" mean~ a business, including a partnership, in which the town[officer or employee has even a partial ownership of (Or employment by) a corporation in which the town officer shares. YES If you answere date and sign or employee owns more than 5% of the O '~\ "YES," complete the balance of this form and here indicated. Name of personjemployed by the Town of Southold Title or positlon of that person ! Describe the r~lationship between yourself (the applicant) and the town o~ficer or employee. Either check the appropriate lir. e A) through D) and/or describe in the space provided. The parent, A) B) C) D) town officer or employee or his or her spouse, sibling, or child is (check all that apply): the owr.er of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); the legal or beneficial owner of any interest in a noncor~orate entity (when the applicant is not a corporation); . an officer, director, partner, or employee of the applicant; or the actual applicant. DESCRIPTION OF RELATIONSHIP Print name Estate of Grace Edson by Lewis Edson, Executor N 1000 - 102 - 05 II - MARY ~. HANNABURY, SCHOOLHOUSE ROAD, N.Y.P.O. BOX 5GE CUTCHOGUE, N.Y II935 /2 - MEYER"SYRKIN~ GRAINS W. SYRKIN NORMANS TRUSTEES, P.O. BOX 391, CUTCHOGUE, N.Y. ll955 13 .IRENE DEBOWSKI~ WALTER L. DEBOWSKI, MARY 6. ACOUINO 515 MOOSE TRAIL CUTCHOGUEf N.Y. 11935 14 -BRIUCE 6. 6TE#IART & WIFE SCHOOLHOUSE ROAD, PoO. BOX. 201, CUTCHO6UE, N.Y. 11935 17 CUTCHO6UE SCHOOL DISTRICT CUTCHOSUE, N.Y. 11935 24 -COLGATE DESIGN CORP. %SOUTHLAND CORP. ATTN; AD VALOREM TAX P.O. 60X 711 DALLAS, TEXAS 75221 - 9867 25 ~DAVID H. ALBRECHT 95 DEPOT LANE CUTCHOGUE, N.Y. 11935 26 -808 REALTY CORP. P.O. 1006 WESTHAMPTON, N.Y. 6978 16.1 -ROSEMARY MULLER DEPOT LANE, P,O. BOX X521 CUTCHOGUE, N.Y. 11955 1000- 102- 06- 21 - ANTHONY BLADOS & WIFE 28650 MAIN ROAD CUTCHOGUE, N.Y. 11935 22 ROBERT~ J. MOL CHAN 2600 RUTH ROAD MA TTITUCKf N.Y. 11952 23J KARL & LINDA OLSSON MAIN ROAD, P.O. BOX 747 CUTCHOGUE, N.Y. 11935 23.2 - WICKHAM'S FRUIT FARM 26770 MAIN ROAD, P.O. BOX 926 CUTCHOGUE, N.Y. 11935 1000 - 103- 07- I _ MARGERY AUERBACH & FRANCES J. KUICH P.O. BOX 206 CUTCHOGUE, N.Y. 11955 2 _ EUGENE L. E ANNE E. BRADLEY 510 STILLWATER AVE. P.O. BOX.283 CUTCHOGUE, N.Y. 11955 3 _ GEORGE & ANTOINETTE S. BRESLER 430 STILLWATER AVE. CUTCHOGUE N.Y. 11933 6 _ ANN SABA & HENRY K/SLOW BRUNO VICTORIA 230 FIRST STREET CUTCHOGUE, N.Y. 11935 28 CHRISTOPHER & JOANNE SHOWALTER 360 121hSTREET NEW YORK, N.Y. 10014 29 . KENNETH E. & JANICE A. ROBINS 565 PE~A_SH AVENUE CUTCHOGUE~ N.Y. 11933 $0 MARY H. BAJEK 325 PEGUASH ~ BOX.~--76.~CUTCHOGUE, N.Y. 11935 31 CHESTER ORL OWSKI 235 PEQ. U~SH A VS. CUTC ~OGUE, ~N. Y. 11935 500' 1O00- I02- 01 9 - BERTHA KURCZ~WSKI~ ESTATE OF ~ W~/6- P.O. 60X 142't MATTITUCK~ N.Y. 1195~ 25 -'$TELLA STARGIAK, 725 SCHOOL HOUSE ROAD, CUTCHOGUE, N.Y. 11955 26 ~ PAUL CARNEVALE P.O.,BOX 426 CUTCHOGUE N.Y. 11955 26 ~ MRS. LEO DIACHUN P.O: ;BOX ~96, 875 SCHOOLHOUSE RD.. CUTCHOGUE, N.Y. 27- CHARLES GACKENHEIMER 995 SCHOOLHOUSE RD. P.O. BOX I CUTCHOGUE~ N, Y. 1000-102-02- \ 2.2 - JOSEPH S. , JR. & BARBARA A. GPA TTAN 422' OSTRANDER A VENL~E RIVERHEAD, N.Y. 11901 2.3- ROBERT & JOAN JENKINS P.O. BOX. 301 CUTCHOGUE, NoY, 11955 ~.5_ ANTHONY DOROSKI & WIFE :~700 DEPOT LANE CUTCHOGUE, N, Y. 11955 3. - JOHN R. & BEATRICE MURPHY P.O. BOX 441 CUTCHOGUE, N.Y. 11955 4 _ G. W/CKHAM I Cepue~ol 28700 MAIN ROAD CUTCHO6UF,~ NoY. 11955 5 - MARIAN COLUMBUS CLUB, INC. DEPOT LANE, CUTCHOGUE, N.Y. 11955 6. S _ LEI~IS EDSON P.O, BOX 1526, SOUTHOLD, N.Y. 11971 6. E _ SRAc'E EDSON~ ESTATE OF ~ LEWIS EDSON P.O. BOX 15~6~ SOUTHOLD, N. YolI97! 6.3 - 6RACE EDSON, ESTATE OF~ LEWIS EDSON P.O. BOX 15~6 SOUTHOLD, N.Y. 11971 6.4 _ GRACE EDSON~ ESTATE OF~ LEWIS EDSON P, Oo BOX 15~6 SOUTHOLD, N.Y. II971 6.5 _ GRACE EDSON, ESTATE OP~ LEI~IS EDSONP. O. 80X 15~6 SOUTHOLD~ N.Y. 1197! 6.6.- 6RACE EDSON~ ESTATE OF% LEWIS EDSON P.O.BOX 1526 SOUTHOLD~ N.Y. 11971 7 _ MARY LOZOWSKI 650 DEPOTLANE~ P.O. BOX 199 CUTCHOGUE, N.Y. 11955 6 - WILLIAM JACOBS & WIFE 550 DEPOT LANE CUTCHOGUE, N.Y. 11935 9 - JOSEPH S. & CLAIRE E. DOWLINB 450 DEPOT LANE CUTCHOGUE, N.Y. II955 I0 _ JAMES FOGARTY MAIN ROAD CUTCHOGUE, N.Y. 11935 II _ JOSEPH J. LIZEWSKI MAIN ROAD CUTCHOGUE, N.Y. 11935 /B.I _ DEPOT ENTERPRISESf INC. DEPOT LANE CUTCHOSUE, N.Y. BP3§ IE.E _ JOSEPH P. DUNNE PINE NECK ROAD SOUTHOLD~ N.Y. 11971 15 _ JAMES & CAROL HOUSE 29?45 MAIN ROAD CUTCHOGUE~ N.Y. 11935 - BAIG FARRUKH 9 CEDARFIELD TERRAC~ ST. JAI~S, N.Y. Il?BO 15 - MATTHEW C. & DENIS~ M. GILLIES 299~5 MAIN ROAD, P.O. BOX IEBO CUTCHOGUE, N.Y. 11971 16 - GRACE EDSON, ESTATE OF %LEWIS EDSON P,O. BOX 15~6 SOUTHOLD, N.Y. II971 17 _ ALLEN P. & JEANNE ~ VANNAME P.O. BOX /I CUTCHOGUE, N.Y. 11955 18 LILLIAN MEL VILLE HAMID MAIN ROAD CUTCHOGUE, N.Y. 11935 20 - MARY JO VERITY RR#I, 30485 MAIN ROAD CUTCHOGUE, N.Y. II933 21.1 - CUTCHOGUE CEMETERY ASSOCIATION %SHIRLEY ASTAR CUTCHOGUE, N.Y. 11935 20 ~ MARY JO VERITY PR# I, 30465 MAIN ROAD CUTCHOGUE, N.Y. 11955 B~ - CUTCHOGUE METHODIST CHURCH P.O. SOX lES6 CUTCHOSUE, N.Y. 11935 23 - JOHN G. III & SANDRA SCOTT MAIN ROAD~ P.O. BOX 5~5 CUTCHO6U~N.Y. B935 ~OO- ~ - ~ - I - ALIANO~ NICHOLAS II ASHLEY LA~ SHORE~M~ N.Y. 11786 2 - JOHN E. DAWSON 81 CROWS CRE~K ROAD PULLSBORO~ N.C. 2731~  5. l _ FRANCIS ELIOT CAMPBELL ~70 PEOUASH AVENUE CUTCHOGUE~ N.Y. 11935 ' 6 _ MR. & MRS ~ILLIAM GILDERSLEEVE 165 PEOUASH AVE. CUTCHOGUE, N.Y. 11935 7 _ THOMAS J McCARTHY~ JOSEPH P. '& DANIEL T. 4~0 ROUTE ~8 SOUTHOLD, N.Y. 11971 8 _ MARGARET& SCHARADIN MAIN ROAD~ P.O, BOX 36~ CUTCHOGUE~ N.Y. 11935 ~ 190 WILLIAM J. BAXTER, JR. 1050 E. PUTNAM AVENUE GREENWICH, CT- ~30 RICHARD R. ClFARELLI lB E. I~fbSTREET SUITE 103~NEF YORK~ N.Y. 10003 / MAP FOR ZONING CHANGE "SANTA'S TREE FARM" A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 102 - 02 - 16 SCALE: 1" = 200' DEC. 7, 1999 JAN 5, 2000 Feb. 10, 2000 (additions) ANY AL TERA T/ON OR ADD/T/ON TO THIS SURVEY I$ A VIOLA T/ON OWNER~ GRACE EDSON, ESTATE OF l % LEWIS EDSON P.O. BOX 1526 SOUTHOLD, N.Y. 11971 AREA = 25.502 Acres 97-.280 LIC. NO. 49618 763 "1797