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HomeMy WebLinkAbout2568 TOWN OF SOUTHOLD, NEW YORK DATE Aug• l O, 1979 ACTION OF THE ZONING'BOARD OF APPEALS Appeal No. 2568 Dated July 5, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ' Bruce A. Norris . TO c/o. Charles A. Price, 3rd. Appellant Box 237 Mattituck, New York 11952 (Richard F. Lark, Esq. ) at a meeting of the Zoning Board of Appeals on July 26 , 1979 the appeal •was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request fora special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception, ( ) be granted ( ) be denied.pursuant to Article'—*.............:.. Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed.because 8 ;30- P.M. (D.S.T. ) Upon application of Bruce A. Norris, c/,o.Charles A. Price, 3rd.",` P. O. Box. 237 , Mattituck, New York, (Richard F. Lark, Esq. ) for a .variance to .the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for permission to divide property with insufficient width and area. Location of property: North— west corner of Love Lane and Sound Avenue, Mattituck, New York, bounded on the north .by Barker and North .Fork Bank and Trust Company; east by Love Lane; south by Sound. Avenue; west by Mattituck Episcopal. Church. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (.would) (would not) produce practical difficulties or- unnecessary hardship because SEE REVERSE (b) The Hardship created (is) (is not) unique and (would) (would not) be shared by all properties . alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, .it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions.of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPROVED -ZONING BOARD OF APPEALS FORM ZB4 /G �krC�ha rman Board 0 Appeals After investigation and inspection the Boat.d finds that the , applicant is the owner of a parcel of land on the northwest corner of Sound View Avenue and Love Lane, Matti-Luck, consisting of seven parcels. There are presently on going businesses located on lots 1, 2 , , 3j, 4, 5 , and 7. Lot 6 .contains a- two-story frame dwelling which is presently unoccupied. Adequate off-street parking will be supplied for lots 6 and 7. The Board agrees with the reasoning of the applicant. On motion by Mr® Douglass, seconded by Mr. Tuthill, it was RESOLVED, that Bruce A. Norris, c/o Charles A. Price, 3rd. , P. 0. Box 237, Mattituck, New York, be GRANTED permission to divide property with insufficient width and area. Location of property: Northwest .corner of Love Lane and Sound Avenue, Mattituck, New York, bounded on the north by Barker and North Fork Bank & -.Triist Company; .east by Love Lane; south by Sound Avenue; west by Mattituck Episcopal Church, .upon the following conditions: . . (l) There shall be no further subdivision of the lots created and shown on the survey from Young & Young .dated May .8, 1979. (2) Lot 6 and Lot Tshall furnish off street parking. (3) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen, and Tuthill. RE,CEIVEED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold i a; Legal Notice Hearing -2- July 26, 1979 8 :05 P..M. (D.S.T. ) Upon application of Mary M. Sayegh, 515 i " Shore Drive, Greenport, New York, for a .variance to the Zoning ;; Ordinance, Article III , Section 100-31 and Bulk Parking Schedule � for permission to divide property with insufficient width and area. �SLocation of property: Shore Drive, Greenport, New York, bounded i 1 , on the north by Shore Drive; east by Chasko; south by Pipes Cove; i west..-by Morris. i; 8 :15 P.M. (D.S.T. ) Upon application of Doretta Trainor, 117 i '. Villa Place, Roslyn Heights, New York, for a variance to the ' Zoning Ordinance, Article III, Section 100-32 for permission .to ;: construct an accessory building in the front yard area. Location l ° of property: West Shore Drive, Southold, New York, bounded on the north by Southold Bay; east by Krueger; south by West Shore Drive; � west. by Kolyer.. 1 8 :30 P.M. (D.S.T. ) Upon application of Bruce A. Norris, c/o' Charles A. Price, III, P.O. Box 237, Mattituck, New York, (Richard t ; F. Lark, Esq. ) for a variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for permission to divide ,; property with insufficient width and area. Location of property: ' Northwest corner of Love Lane and Sound Avenue, Mattituck, New York, bounded on the north by Barker and North Fork Bank.. & Trust Company; east by Love Lane; south by Sound Avenue; west by Matti- tuck Episcopal Church. . 8 :50 P.M. (D.S.T. ) Upon application of M. A. Kelsey Properties., Inc. , P' O. Box 983 , Southold, New York (Richard F. Lark, Esq. ) for a variance to the Zoning Ordinance, Article VII,. Section 100- 71 and Bulk Parking Schedule for permission to divide property with insufficient width and area and off-street parking. Loca- tion of property: Love Lane and Main Road, Mattituck, New York, bounded on the north by Barker; east by Mattituck Park District and Stype; south by Main Road; west by Love Lane. Dated: July 16 , 1979. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS x LEG ALNOTICE -. ----- -- ----_T —�-_ __ NOTICE OF HEARINGS to the Zoning Ordinance, Art- - Pursuant to -Section 267 of icle III the Town Law and the provi- ..Sectfon 100 31 and THE SOUTHOLD TOWN Bulk Parking Schedule for' BOARD OF APPEALS sions of the Amended Building permission to divide a lot with ITJy19-3258 Zone Ordinance of the Town of insufficient width -and area. Southold, New 'York, - -�- public. Location of property:- Shore hearings.will be held by the 'Drive, Greenport; New-York Zoning Board o , f Appeals at bounded on the north by Shore the. Town Hall,•Main-Rpad� Drive; east by Chasko; south- Southold, New York,.1'1-Thurs- by Pipes Cove; west by Mor- day, July 26, 1979, on the ris. following appeals: 8:15 P:1VI. (D.S.T.) on 7:30 P.M:.. (D.S.T.) ..Upon application of Doretta Train- t application of Goldsmith & or, 117 Villa Place,Tuthill,Inc.,1560 Youngs Ave- Heights, New- York, Rfor�ya nuq,Southold,New York,fora variance to the Zonin special exception to the Zon- ance g Ordin s Article III, Section.100- , ing Ordinance, Article IX, _ 32 for permission to construct Section 100-90A for permission an ace essor to•relocate a 20,000 gallon fuel front yard area.building in.the oil tank on property on Youngs Property: Location of - Avenue, Southold, New York. Southol New Yorkrbourided Location of property: Youngs on the north-by Southold Avenue, Southold, New York east by Krueger- sopt' 7�h `I bounded on the north by A r Vest Shore.'Drive; west. b� ; ~way, Inc.; east by Youngs Kolyer. Avenue; south by Long Island 8:30 P;M. Railroad; west by Agway,Inc, application of Br ce A. Nor- Railroad;P.M. (D.&T.) Upon ris, c/o.Charles A. Price, III, application of Carol Lounsber- P.0.Box 237, Mattituck, New ry, 191 Manell Avenue, Islip, York,(Richard F.Lark,Esq.) New York (Dickinson Realty, for a variance to the Zoning• as agent)for a variance to the Ordinance, Article VII Zoning Ordinance;Article III, tion 100-71 and Bulk-ParkingSee- 'OLD, Section-100-31 and Bulk Park Schedule for permission to �ORK. ss: ing Schedule for permission to divide property divide•property with insuffic- ient width and area. Location • • • • • . . . . . . . . . . being duly Sworn. North ient width and area. Location of ro ert Of P P Y:'Northwest corner !property: East side of of Love L - , North Sea Drive Lane and Sound Ave- , Southold, nue; Mattituck, New York, New York; bounded on the bounded on the north by Bark 35 printer and Publisher of the SUFFOLK north by Boyle and Stoll; east er and North Fork Bank & x newspaper published at Greenport, in said by Sound View Avenue; south Trust Company; east by Love by Dews and Palmer; west by. Lane;south by Sound Avenue; ale 'n'0tice, of which the annexed is la printed North Sea Drive. � - west b - 7:55 P.M. ' Y Mattituck,Episcopal (outs ),. Upon- Church. iblished in the said Suffolk Weekly Times application of Louis.V. Cartel- --8:50 P.M. (D.S.T;> Upon li, 13'04 146th Street, White- application of M. A. Kelsey !, for . . . stone New .York for a var- Properties,Inc.,P.0.Box 98 l Q�� • • • • • • • . . . . weeks lance to the Zoning'Ordinance, Southold; New York (Richard' jlencing on the , . 19 th j Article III, Section ]00-31 and F. Lark, Esq.) for a variance . . . . . . . .. . . . . . . . . . Bulk 'Parking Schedule for to_the Zoning Ordinance, Art- r _ ,permission to divide.property icle VII, Section 100-71 and 19 ?9. with insufficient' width and- Bulk Parking Schedule for i • . . . . . . . . . . . .. area. Location.,of property: permission to divide property'Kenny's`. ,Road,= Southold, with insufficient width .'and ;me New York`, bounded on the area and off-street north by Central Drive;.east Location of propertLo parking. =by Kenney's•Road; ,south by Lane and Main Road, Matti- �� ' 1979.. Lake Drive; west by Dech- tuck, New York,_bounded on �/�/y faro, the north by Barker; e ' ' ' 'astby• � • • • • • 8:05 P.M' (D.S.T.) Upon Mattituck Park District and application:of Mary M. Say- Stype;. south b ' ' ' ' ' AIZAPETN ANN'NMtur • • • • Y Main Road;' I NOTARY PUBLIC, State of New York egh, 515 Shore Drive, Green- west by Love Lane. port,New York,for a variance Dated: July 16, 1979. T •8125850, Suttolk Cou F,xpires March 30, 1ou BY ORDER OF I i 6, I 1 I I LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of COU44TY OF SUFFOLK G the Town Law and the provi- STATE OF NEW YORK ss- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will-be held by the Patricia Wood being duly sworn says that she is the Zoning Board of Appeals at � 9 Y Y the Town Hall, Main Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, i Southold, New' York, Thurs- day, July 26, 1979, on the o public newspaper printed at Southold, in Suffolk County; 11 following appeals: and that the notice of which the annexed is a printed copy, plic ionP. of Golds) Upon has been published in said Lon Island Traveler-Watch- Tuthill', of 'Goldsmith & Tuthill', Inc.,' 1560 Youngs Avenue, Southold, New York, man once each week for .......... weeks ............................ for a special exception to the successive) , commencing on the ... Zoning Ordinance, Article IX, 7 •••••••••••••••.•........ Section 100-90A. for permis- � sion to relocate a20,000 gallon day of ... 19 . . ......................... ..�1 /. -fuel oil tank on property on Youngs.'Avenue,,' Southold, New York. Location -of pro'- ... .... . :t...................................................... perty:Youngs Avenue, South- ` old,New York,bounded on the north by Agway, Inc.; east by S Youngs Avenue; south by ' Long Island Railroad; west by Agway, Inc. S om to before me this ........................ day of 7:45 P.M. (D.S.T.) Upon �j ' application of Carol Louns- , .. ... ..................1 19..2./. berry, 191 Manell Avenue, Islip, New York (Dickinson Realty, as agent); for a vari- ance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for ...... ......... ......�.......� Notary Public permission,to divide property with insufficient width and area. Location 'of' property: ANT.-WJ1,F - 0ERKOSKI East side of North Sea Drive, NOTARY Fk:,xs; ,. State of New YOW Sufto4i County Southold, New`York, bounded on the north by Boyle and cum,*;�i 'yn Lx;,iraa March 30, 19AL Stoll; east by Sound View Avenue; south by Dews.and Palmer; west by North Sea Drive. ' 7:55 P.M. (D.S.T.) Upon application of Louis V. Car telli,• 13-04 146th Street, Whitestone, New York, for a variance to the'Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Parking Schedule for permission to divide pro- perty with insufficient width and area.Location of property: Ktenney's ' Road, ' Southold, New York, bounded'.on the north by Central Drive;east by Kenney's Road; south by Lake Drive; west by Dechiaro. 8:05 P.M. (D.S.T.) Upon • application of Mary M. Sayegh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordin- ance, Article 111, Section 100- 1 andw;$ylk Parking Schedule !or pgamission, to divide pro- A. ity I `insufficient width and area.Location of property: Shore Drive, Greenport, New York,bounded on the north by Shore Drive; east by'Chasko; south by Pipes Cove; west by %lurrts. 8i15 .P..M: (D.S.T.) Upon .pplication of Doretta Trainor, 7 ..Villa Place, Roslyn fights,- New; York,' for a iance to the'Zoning Ordin- . a. Article 1II, Section 100- vermission to:construct j an ccessory, building in•the fry: yard, area. Location of prole. rty: West Shore Drive; Sout' ;ld, New York, bounded on'th. north by Southold Bay; east Krueger; south by West hore'Drive; west,by Kolyei 8:30 . M. (D.S;T.i Upon applicatu n of Bruce A. Norris, c o_ hart •s A. Price III P.O. ox 237, ' -tituck,New York,' (Richard irk, Esq.) for)a varianec Zoning Ordin-_ ance, A: V11, Section 100-71 ano ,;;Parking Sche- dule for permission to divide property. with insufficient width and area. Location of property: Northwest corner of Love,Lane and Sound Avenue, Mattituck,New York,bounded on the north by. Barker,and North Fork Bank & Trust Company; east by Love Lane;' south by Sound Avenue; west by Mattituck. Episcopal- Church. 1 . 8:50 P.M. (D.S.T.) Upon application of M.A. Kelsey Properties,Inc.,P.O. Box 983, Southold, New York (Richard F.Lark,Esq.)fora variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for perm is- . T FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ Date ............................dUN........0 ...... 197q To ..... 1�( . ......R S ............. c/a c_A- —f-R IC E- ............................................................ ................... �.. .�.. PLEASE TAKE NOTICE that your application dated V.... �o -bkV1b ?9O1'l" PITT for p rmit to �t ........................................at the premises located at .................................... N��►.:ovr....LR....� So.0 ter-0.......A.d f4 Pf TT l -r-�c �.� N-Y. Street I Map .................................... Block ..............:,:=..................... Lot ................................................ is returned herewith and disapproved on the following grounds .......1.t-A sv F'1= I C Q-7 .......................... ................. �� .1 ... ..UJ ibT�F........13- 1......z o.N.� ...... L .IIT..>�.......1.00.-71........... K-j)-RE-A t mzlet jc- Rr- QLARr_MAN' .�. ................................................................................ ................................................................................ e;- Mel _ 28 +�o+ ..................... �......... ..... Building Inspector A/ Fa?;�K �A-7 T I C uc4�- EPISCO FA L (0tl0 i�C 79 COMMISSION Seth A. Hubbard � !��, Chairman Lee L. Koppelman �• �� Director of Planning Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Veterans Wemorial Highway Hauppauge, L. L, N. Y. 11787 979-2918 Town of Southold Board of, Appeals July 31, 1979 Pur.'suant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following .applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should. not be construed as either an approval or a disapproval. . Applicant Municipal File Number Louis V. Cartelli 2563 Mary ,M.- Sayegh 2564 Doretta Trainor 2567 ,Bruce A. Norris 2568 M. A. Kelsey Properties, Inc. 2569 Carol Lounsberry 2655 f 1 Very truly yours, Lee E. Koppelman ' Director of Planning Jj G k b -� / V4a......•-- G N.j y CHIEF PLANNER op A TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 Ln L z TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m, the . .Board of .Appeals. . . . . . . . . . . . . . . . of the town of. Southold. . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Bruce A. Norris ................ Amendment to the zoning ordinance c/o Charles A. Price, III P. O. Box 237 ................ Zoning changes Mattituck, New York 11952 ................ Special permits Appeal No. 2568 ......... ..... Variances Location of affected land: Northwest corner of Sound Avenue and Love Lane, Mattituck, ............ .......................................................................................... within 500 feet of: (check one or more) New York ................ Town or village boundary line,or shore line ............... State or county road,parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county,owned parcel on which a public building is situated Comments: Applicant was granted permission to divide property with insuf- ficient area and width subject to Site PlannApproval for two of the lots to be created. Date: .....J.U.1y....3.0.......19.7..9.......... .....................................................................:.......... (signed) Robert J. Douglass Actinq..Aehairman............................ Title Date received by Suffolk County Planning Commission. ...............................:.................................................... File No. ................................ RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P.O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 July 5, 1979 Mrs. Judith Terry Southold TowW Clerk Town Hall - Main Road Southold, NY 11971 RE: Petition for Variance Bruce A. Norris Dear Mrs. Terry: In connection with the above-captioned- matter, I am enclosing the following: 1. Notice of Disapproval by the Building Inspector dated June 20, 1979. 2. Petition for Variance (ZB1) in triplicate. 3. Exhibit A - Plan for Bruce A. Norris by Young & Young revised June 26, 1979. 4, Exhibit B - Excerpt of Building Zone Map of the Town of Southold. 5. Notice to adjoining property owners with affidavit of service by certified nail, with receipts attached. 6. My check payable to the Town of Southold in the amount of $15.00 representing the filing fee. If all is in order, kindly place this matter before the Zoning Board of Appeals so that a hearing may be scheduled. Very truly yours, i Richard F. Lark RFL/mld Enclosures O FN OF OWN K • ;N OF OUT O� JUDITH T.TERRY • tT G A� TELEPHONE TOWN CLERK '� (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 5, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2568, application of Bruce A. Norris for a variance. Also included are notification to adjoining property owners as follows: The North Fork Bank & Trust Co. , 245 Love Lane, Mattituck, N.Y. ; Robert S. Barker, Luptons Point, Mattituck, N.Y. ; Church of the Redeemer, Protestant:Episcopal Church , Mattituck, N.Y. —2 dith T. Terry JTT/bn Town Clerk cc: file Enc./ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. a-2 DATE ..JULY 5 .19 79 TO THE.ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Bruce A:„Norris fix„c/o„Charles„A. Price r„Box„237 ,, X� ......... .................... L Car. ..e.. . Name of Appellant umber Mattituck ...................................... New York ................ .. ............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....... ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Bruce A. Norris c/o Charles A. Price,3rd .................................................................................. Name of Applicant for permit of Box 237 MA.TTITUCK NEST YORK .. .......... .. .... ....c. .................... ........................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PEMIIT TO DIVIDE W. ve ae n 1. LOCATION OF THE PROPERTY So„n.d.Rve E a ...M uck "8,-1" General Business District ..............................................P Street Use District on Zoning Ma Dist. 1000, Sec. 141, Blk 4, Lots 28, 30, 31 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ARTICLE VII, 0100-71 (Bulk Parking Schedule) 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal iboal (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ' ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance for permission to sub.diyide the property into ( ) parcels with insufficient; lot width., yards and area; on-premises off-Street. parking requirements is requested for the reason that the separate buildings can be sold to individual owners so that all the properties can be improved. The proposed subdivision of the property is shown on the "plan for Bruce A. Norris" by Young & Young, revised June 26, 1979, which. is. attached hereto as Exhibit A. Attached hereto as Exhibit B is an excerpt of the Building Zone Map of the Town of Southold with. th.e property. to be subdivided out- lined in red. Foam zBi . . (Continue:on other-side) } ": REASON FOR APPEAL Continued 1. . STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because at present there are existing buildings on all the proposed parcels. Most of the buildings are in need of modernization and repair. However, it is not economically feasible for the present owner to modernize the buildings because of the individual requirements of the different occupants. It is also for this reason that the Petitioner has been unable to sell the property as a single unit; however, there is interest for the sale to individual owners who would be in a position to renovate and update the buildings to suit their individual busines's needs. As seen .from Exhibit A, Parcel 1 contains 2,533 square feet with the building occupying approximately 700 square feet and which contains a small.variety store; Parcel 2 contains 1,660 square feet with the building occupying approximately 900 square feet and containing a delicatessen; Parcel 3 contains 2,562 square feet with the building occupying approximately 1,700 square feet which contains a children's toy and clothing store; Parcel 4 contains 2,662 square feet with the building occu- pying approximately 500 square feet which contains a h.ealthi .food store; Parcel 5 contains 8,524 square feet with the building occupying approximately 900 square feet containing Peconic Glass Works; Parcel 6 contains 37,090 square feet with the build- ings occupying approximately 2,600 square feet, on which it is proposed the existing two story frame house be used as an office building. Parcels 1, 2, 3, 4 and 5, due to the location of buildings thereon, do not conform to the area, or front, rear or side yard requirements of the Zoning Ordinance. There is no practical way to relocate these existing buildings and have them conform to any of the present Zoning requirements.* 2. The hardship created is UNIQUE and-is not shared by all properties alike in the immediate vicinity of this property and in this use district because at present there is no direct off- street parking serving these premises. Customer parking itself is .impractical on Parcels 1, 2, 3 and 4 due to the location of the buildings and the' one-way street traffic on Sound Avenue. The Petitioner proposes to put what is shown on Exhibit A as a "eight of way" in the rear of parcels 1, 2, 3, 4 and 5. This would provide access for deiiveries to these stores as well as employee parking in the rear of these parcels. To some extent this would relieve the congestion on Love Lane. To facilitate this, the existing frame garages will be removed in the rear, of Parcel 3, resulting in an overall improvement of the property. Further, there will be no increase in density or the .use of these parcels in that all of the businesses are existing and there is no physical room for further expansion. 3. The Variance would observe the spirit of the Ordinance and WOULD, NOT CHANGE THE CHARACTER OF THE DISTRICT because there would be no change in what Petitioner could do on a non-conforming, use basis as there are no new buildings to be constructed. The renovations could be done within the existing structures if owned as one parcel. Further- more, Parcels 2 and 3 could be sold separately as they are held by separate deeds. Parcels 1, 4, 5 and 6 were purchased as a unit. However, to make a more positive plan, Petitioner is seeking permission to divide the overall parcel and the subdivision would effect what is already a de facto situation in the neighborhood with substandard busi- ness parcels. Balancing all of the community interests, substantial justice will be performed in granting this variance as.the renovated buildings will add to the charm and attractiveness of the Mattituck. Love Lane shopping area. *Parcel 6 which is substantially larger than the other parcels conforms to the present zoning requirements with the exception of the front yard setback. The variances requested for the individual parcels will not substantially change or affect the surrounding business area in that the majority of businesses in this vicinity are. of the neighborhood type and virtually all of them are on non-conforming parcels by today's zoning standards. Further, there will be no increase in the use of the property since all of the businesses are on- going and it is contemplated in the future that they will be of the same nature. BRUCE &is STATE OF NEW YORK )) ss By.;.. . .(, .�. . .......................... COUNTY OF SUFFOLK ) Signature Charles A. Pric2tdManaging Agent Sworn to this .............. 5th......... day of...... DULY......................................... 1979 otor Public NIABY LOU DO'R'OSKI York PUBLIC, State, of Wew PlOTAR 52.1 SoffolM`,CountY No 000858 ` Commission Expires 65axch 30. 19 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of BRUCE A. NORRIS NOTICE to the Board of Appeals of the Town of Southold TO: The North Fork Bank & Trust Company Robert S. Barker Church of .the Redeemer Protestant-Episcopal Church YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (the following relief: Permission to subdivide -the existing buildings into parcels with insufficient: lot width, yards and area; on- l. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Northwest corn"per of Love Lane and Sound Avenue Mattituck, New York North by The North Fork Ba ]E'er& Trust Company and Robert S. Barke •; East by Love Lane; South by Sound Avenue; Wes by Church of the Redeemer, Protestant-Episcopal Church. 3. That the property which is the subject of such Petition is located in the following zoning.district: "B-1" General Business District 4. That by such Petition, the undersigned will request the following relief: a variance so that the petitioner may sell the existing buildings on the property to individual owners. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article VII §100-71 (Bulk Parking Schedule) 6. 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattitu c k 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 appear and be heard at such hearing. Bruce A. Norris Dated: July 5, 1979 By: Petitioner Charles A. Price, 3rd Managing Agent Post Office Address Box 237 Mattituck, NY 11952 PROOF OF MAILING OF NOTICE NAME ADDRESS The North Fork Bank & Trust Company 245 Love Lane Mattituck, NY 11952 Robert- S. Barker Luptons Point Mattituck, NY 11952 Church of the Redeemer Mattituck, NY 11952 Protestant-Episcopal Church STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Barbara Diachun , residing at School House Road, Cutchogue, New York being duly sworn, deposes and says that on the 5th day of July , 19 79 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-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 current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Cutchogue, New York ;that said Notices were mailed to each of said persons by (certified) IS§ffMxffymail. At�an"_ LIel� 13arJDara Diaclaun Sworn to before me this 5th day of July ) 19 79 v4 /ter X C97A _5�pc �fVotar Public MARY LOU DOR'OSK' fIOTARY PUBLIC, State of New York No. 52-1000858 Suffolk County Commission Expires March SO, 19'0� R. !Pit R ff �•� , 1' ��� f Ape• �1 �� '�►,,,ram• `� Y �� �■ •. � /'ice. �� �� ", � �1�/��►°:=�! ,�. • 1. . '��'�+ ♦i�, � r�. ■ �I�� �lac// �' j�� `� ' , 1 1• �- � lei' ' � MA ,,•�- . �•�� Q PON . . . uh- Z4 •�' - �•-ate ��� ��,� � L � gym 0 ■ 11� •_i' 1 �� a � i JR N 283,100 ----------------- In 0 n i' C, -op e��R sr• `o ss �, � � � � i 302s aoi /JS Do N -• 22 _ 7—GA(c) o ti C b h 3z•, a0• `�0 9 / y� 3 290' p �. ry i !J. 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