HomeMy WebLinkAbout1000-102.-2-11 & 12Southold N.Y. 11971
(516) 765-1938
June 20, 1984
Mr. Charles Cuddy
Attorney at Law
108 E. Main Street
Riverhead, NY 11901
Re: Dr. Lizewski site plan amendment
Dear Mr. Cuddy:
We are in receipt of your correspondence dated June 19, 1984,
and enclose for your review a copy of the correspondence
received from the Building Department regarding the above
mentioned site plan.
Please note, that this site plan can not be certified
since the proposed use is not specific. Also, the type of
storage which Dr. Lizewski indicated at the presubmission
conference, the storage of glass for a company, would
require a use variance because it is not a permitted
use in this district.
We will await~ to hear from you as to the specific type
of storage and request three (3) surveys with this
information noted on them.
Very truly yours,
BENNETT ORLOWSKI,JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
TOWN OF SOUTHOI,I)
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
June 15, 1984
Planning Board
Main Road
Cutchogue, NY
11935
Re: Dr. Lizewski, Depot Lane, Cutchogue, N.Y.
Site Plan amendment
Gentlemen:
The above premises is located in the 'B' Light Business
District. The present professional office use is permitted
for this zone.
The proposed storage building addition to the addition
that is already under construction is substantial in size
and it would appear to be excessive for present and future
needs of an office building.
Since proposed use is not specific Certification of
this site plan can not be made.
The 'B' Light Business District does not permit wholesale
storage and warehousing, this type of use is permitted in 'C'
Light Industrial District by Special Exception by the Board
of Appeals.
Edward F. Hindermann
Building & Housing Inspector
EFH:ec
ESSEKS, HeFTER, CUDDY <~ ANGEL
COUNSELORS AT LAW
P. O. BOX 279
June 19, 1984
Mr. Bennett Orlowski, Jr.
Southold Town Planning Board
Town Hall
Southold, New York
Re: Lizewski - amendment to site
plan for storage building
Dear Mr. Orlowski:
We understand from your letter of June 5, 1984, that Dr.
Lizewski's amended site plan is in order for certification ~ the
Building Department and upon that certification, the Board would
grant approval. We take issue with your request, however, to
restrict the use of the building through covenant and restric-
tion. Dr. Lizewski has indicated that the use to be made of the
building is for storage and, of course, he is constrained to use
it only for the permitted uses set forth in the town code.
If a use is made other than that permitted by the code, then it
will result in a violation of the code and we anticipate that he
would be prosecuted accordingly. If the use falls within the
permitted uses in the zoning use district, why must he apply to
the Planning Board to obtain permission to engage in that which
is already permitted? Your proposed restriction would prevent
him from changing uses which other citizens of the town have a
right to do under the town code. Would you please advise us of
your authority to impose a covenant and restriction in a business
zone limiting the applicant to one use only of his building and
property?
Dr. Lizewski very much wishes to complete his building but
strongly believes the limitation and restriction of use is not
within the province of the Planning Board in making site plan
approval. We, therefore, request that the covenant and
restriction requirement be deleted and that you advise us
accordingly, as the attorneys for Dr. Lizewski.
CRC/et
Very truly yours,
Charles R. Cuddy
SLaY
Southold, N.Y. 11971
(516) 765-1938
June 5, 1984
Dr. Joseph Lizewski
Main Road
Cutchogue, NY 11935
Re: amendment to site plan
for a storage building
Dear Dr. Lizewski:
Please let this confirm the action of the Planning Board
at the regular meeting of Monday, June 4, 1984.
RESOLVED that the Southold Town Planning Board refer the
amendment to the site plan of Dr. Lizewski, located at
Cutchogue, for the construction of a storage building to
the building department for certification.
Please forward three (3) copies of the site plan in order
that we can make our referral. Please let this also
confirm the request of the Board for covenants and restrictions
on the use of the building which will be storage only and
any change of use will have to have the approval of the
Planning Board.
If you have any questions, please contact this office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc: Building Department
RECEIVED BY
~AY 3 19~
DATE