Loading...
HomeMy WebLinkAbout1000-121.-2-2 WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by .....~..o...~..t..h.....F._.o.~.k_.._...b~...n._.o..~..:...~..n.?.... .............................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Resictential , in-from and Agrzcultura- ~. "B" Light Business ~ ............................................ u~strict to ........................................... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the .... .1..~.t...b: ...... day of ................. ..~.p..~..~.l. ................... , 19...?-..8.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GTL/~TED. DATED: MAY 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A.WICKHAM -- - LAW OFFICES WILLIAM WICKHAM, P.c. MATTITUCK, LONG ISLAND NEW YORK \1952 516 - 298-8353 Decenber 7, 1977 Mr. John wickham Chainnan Planning Board Town of Southold MainRbad Southold, N.Y. 11971 Re: North Fork Molnar, Inc. Dear John: I have subni tted an application f= a chancre of-zone on behalf of North Fork Manor, Inc. to the Town Board. 'Ihis matter will undoubtedly be referred to you for your review and carments. I would like the opportunity to appear before you and present evidence in support of this application in the fonn of a written report fran a planning expert and have the expert available for your examination. We anticipate that the planner's report will be ready ea:uly in January. Accordingly, would you defer your consideration of this matter until such time and notify me of the time at which the matter will be considered so that I may appear with my evide."1ce. Thank you for your cooperation. Very truly yours, ~ Eric J. Bressler EJB:DH . s . T D Southold. N.Y. 11971 JOHN WICKHAM, Chairm3ll FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL TELEPHONE 765. 1938 March 13, 1978 Southold Town Board Town Hall Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held January 30, 1978. RESOLVED to recommend to the Southold Town Board denial of the application of North Fork Manor, Inc., Case No. 237, for a change of zone for property located at Mattituck, New York, from "A" Residential and Agricultural District to "B" Light Business District because it is not in conformity with the use laid out of development of a high speed access road and the discouragement of business on that road is laid out in the development plan of the Town of Southold. Mr. Wickham stated that the original site plan is' in violation since the barrier to access to Route 27 was removed, apparently, by the operator soon after it was erected. It is our opinion that a business is not viable in this location because of the physical nature of the interchange. The removal of the barrier under- scores the fact that a business cannot be operated here without direct access to County Road 27. Yours truly, ~.j..uud. :>!~~ Muri€1 Brush~~etary -- . . Suffolk County Department of P1anninr, H. Lee Dennison Executive Office Bui1~ing Veterans Hemorial IU!!m~ay Hauppauge. New York 11707 (516) 979-2918 Town of Southo1d Planning Board March 3, 1978 Petitioner: Mun. File No.: Zoning Action: North Fork Manor. Inc. 237 "A" Residenta1 & Agricultural to "B" Light Business S.C.P.D. File MO.: SD-78-S Gentlemen Pursuant to the requirements of Sections 1~23 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should. not be construed as either an approval or disapproval. Comments, Sub;ect to compliance with any requirements set forth by the Suffolk COunty Dept. of Public Works. Appropriate vehicular access. use and buffering restrictions warrant consideration. Very truly yours, Lee E. J"'..oppe1man Director of Planning GGI:l'jk )' J J P by / ...J(.J"O .--J Gerald G. !1ewman Chief Planner ,., " lit wJ "'\---~ cc: Town Clerk >" " '.'.. " , )'~'// ,> :;2, 7 ~ /&,</'f-(/V' ../' ,--<;YJ.,:L-<-C/ r < ~- ... 7 / ~_'/( --;/-y. ,_:"__/-':-~( __,~I_.C _,-~.(' .~ -;,; , I I, I ,~ ; ! '. } , ! ;> February 27, 1978 ~ '4 , . Suffolk County Planning Commission Veterans Memorial HighWay! Hauppauge, New York 11787! 1 Gentlemen: I Pursuant to sectionsi132:3 to 1:3:32 of the suffoit'county . .: ... .. -',', ,,' Charter, the Planning Board of the Town of Southold hereby refers the fOllowing proposed zo~ing action to the SUffolk County Planning Commission: ,I Amendment of zoning ~ap (change of zone) ~ I Location of affectediland: intersection of County Road 27 in Mattitufk"Town of Southold , within 500 feet of: Co~y Road 27 Comments: The Southold lwn Planning 'Board tqokthe,; foUowl~g action on January 30,1971. RESOLVED to recommendtf the Southold Town Boarddenia~ of theappl1cation of NOrit;h Fork Manor, Inc., Case No. 237, for l!I4 change of zone for Propertt lOCllted at Mattituck, New York, fI'9111< "A" Residential and Agrj,cultural District to "B" L ight rw.~s' ness District b eeause lt U>" not, in conformity with the use id out of development ofa!hlgh speed access road and the ,dl,SC', agement of bUSiness, on, tht.tr, oa, d is laid out in the deve]:opm1t plan of the ToWll, of, Soutf1ol,d:. Mr . Wickham stated that the iglnal site plan islnvloiatlGft'since the barrier .llG,,411~\,;ess to oute 27 was removed ,apPfU'ently, 't:Jy IlIlv operator soon at'ter it wa)! erected. It is ow::!oPin~ "that,a business is not v,lable il1l thi, S 10cat,10n be>cauae.. of, tile physlcal nature of the lnterchange~ The removal of the;barrfer underscores the fact that a business fannot be ollprated her~ without IUr,ect access to County Road 27. > " " Saunt i Avenue and f- Yours truly, , 1 Muriel Brush, Se~ret.ry . . o K JUDITH T. TERRY T OWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 7, 1977 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is petition of North Fork Manor, Inc. requesting a change of zone from "A" Residential and Agricultural District to "B" Light Business District. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommenda- tions. Very truly yours, ~~~ Judith T. Terry Town Clerk ~ . ~' ... . ,. , - / /' CASE NO: .._.~7..... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD h'r THE. MATTER OF THE PETITION OF NORIH FORK MAl,OR, Th\::. FOR A CHANGE, MODIFICATION OR l01El',TI;\IENT OF THE BUILDING ZONE ORDIN- At"'CE m' THE TOWN OF SOUTHOLD, SlJFFOLK COUNTY, NEW YORI{. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1 I """lYTU ~Ri..:.:aiC................. , residim!: at ;:!9.~g_.!'!~9.?-...~;i,Y~.z..kl<\t:tit.1,lck, N.Y. . , ..."""''''''''- - " (insert name of petitioner)' 11952 Suffolk County, New York, the undersigned, am the owner of certain real property situated at Sound Avenue & Counq Road ............._............IRL,.............:.~.:..:=:::._ and more particularl~' bounded and described as follows: . .. " '-' BEGINNING at a Point on the northerly side of Scim,d Avenue where same is inter- sected by the westerly side of land DOW or fonni:trly of IDng Island Lighting Co. and running t..'1ence along the northerly sided' Sound Avenue, the foll=ing: (1) North 85003' 20" ,vest, 180.80 feet; (2) North 790 56' West, 108.88 feet; (3) Nort:J::westerly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a =e which connects the northerly side of Sound Avenue \~ith the southerly side of ~1iddle Road, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the southerly side of *ddle Road, the foll=ing: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a distance of 287. 69 feet; (2) easterly along a =e which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land n= or fonnerly of Joseph Gilles, South 350 38' 50" East, a distance of 169.94 feet; thence along land now = fonnerly of IDng Island Lighting Co., the follryNing: (1) South 540 44' West 100.0 feet; (2) South 350 16' East, 183.72 feet to the --"non:n:erly.sideof.Sound.'Avenue-at the point-or place of BEGmNmG. 2. I do hereby petition the Town Board of the Town of South old 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: 'ib change the above described parcel, presently zoned as A-Residential- Agricultural, to B: Light Business. ", .... '" (< - - -.--- . . ""9 , 3. Such request is made for the following reasons: Petitioner acquired the subject parcel when it was zoned "E:. A restaurant was erected in confo:rmity with the then existing law. Subsequent rezoning to "A has rendered the parcel unsaleable for all business uses other than the exact one on the site presently. 'TIle parcel is totally tmSuited for either residential or agricultural purposes and is not marketable as such. 'TIle parcel is located on C.R. 27 at the Sount Avenue inler section and is irregularly .<.shaped. All of the similarly located properties are zoned "E or "C". Petitioner requests a rezoning to "E" so that it may realize a fair return on the property. IDR'lH EDRK MANOR, INC. (L. S.) ~~.~~~........ Gabriel Kousour.os STATE OF NEW YORK,) ) SS:- COUNTY OF SUFFOLK, ) tioner .. ~~~ .~~~.~'. .~7.~:if!.~:t: .<?:!=. !?~t;~( , BEING DULY SWORN, deposes and says that he is the petitioner 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 be lief, and that as to those matters he believes it to be true. (L. S.) m..~~.:-;,......... Sworn to before me this .+?.. day of . .~9Y~............, 19. n ..#:;;//~~.. ~' Notary Public. .-/l\BIGAIL: A. WICKHAM Notary Public, State of New Yo1Ft No. 52-46(1,2871 Qualified in Suffo:'- C0~Jnt)' Term Expires Marcil 30,197.1' ." ) ., . , " Ii 'I I I il I, Ii ii I TO: ELWARD P. GIlLES North iliad Mattituck, N.Y. 11952 . ':. '", LILCD 250 Old Conntry iliad Mineola, N.Y. 11501 PLEASE TAKE NOTICE that NORm roRK ]VIJ\NOR, INC., the owner of real property located at Sonnd Avenue and Connty iliad #27, proposes to petitio the 1bwn of Southold requesting a change of zone classification from A: Resi- dential/Agricultural to B: Light Busrness. '!he subject property is described as follONs: I \ ,I II I , I I ! II I I BEGINNING at a point on the northerly side of Sound Avenue where same is intersected by the westerly side of land nON or formerly of Long Island Lighting Co. and running thence along the northerly side of iSound Avenue, the follONing: (1) North 850 03' 20" West, 180.80 feet; (2) North 790 56' West, 108.88 feet; (3) Northwesterly along a curve bearing to the right and having a radius of 667.97 feet, a distance of 135.60 feet; (4) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet, a distance of 134.34 feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle fuad, northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet, a distance of 83.68 feet; thence along the southerly side of Middle iliad, the following: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet, a distance of 287.69 feet; (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet, a distance of 109.39 feet; thence along land now or formerly of'Joseph Gilles, South 350 38' 50" East, a distance of 169.94 feet; thence along land neM or formerly of Long Island Lighting Co., the follmving: (1) South 540 44' l'iest 100.0 feet; (2) South 350 16' East, 183.72 feet to the norb'1erly side of Sound Avenue at the point or place of BEGINNING. '!he present zone classification is: A: Residential/Agricultural. '!he requested zone classification is: B: Light Business. PlEASE TAKE FURIHER NOrICE that petition for such zone reclassi- fication will be filed in the Southold '!'aNn Clerk's office, Main iliad, Southold, New York, within five (5) days of the date of this notice, and my then be examined during regular business hours. " " I' ,I " '- J ,~ II .. . ~ I ~ " ! i r ; PLEASE TAKE FURlllER NOTICE that a public hearing with respect to ;1 such petition must be held by the Southold 'Ibwn Board before such change of Ii zone can become effective. You or your representative have the right to 'Ill appear and be heard at such hearing; and a notice of such hearing will be published in the official town newspaper not less than ten (10) days prior I to such public hearing. Dated: Noverrber 15, 1977 WILLI1\IIl \-IICKHAM, P.C. Attorney for petitioner Main Road Box 1424 Mattituck, N. Y. 11952 (516) 298-8353 I J II 'I II ,I I 11 II I; r! " d II 'I II " Ii II " Ii ,I ,I 1\ i ~ " " '" " ., . , t . RE: NORl'H FORK MAlDR, INC. APPLICATION FOR ZCNING RECLAsSll'ICATION STI\'I'E CF NEW YORK ) :55: CDUNTY OF SUFFOLK ) ELLEN PRES'ION, being duly sworn, deposes and says that she is over 21 years of age, and resides at 903 Main Street, Greenport, N. Y. That on the 15th day of NovEmber, 1977, she mailed the annexed notice of petition on behalf of North Fork Yenor, Inc. to each of the follow- ing at the addresses indicated: lliward P. Gilles North Road Hattituck, N.Y. 11952 LILCO 250 Old Country Road Mineo1a, N.Y. 11501 by certified mail, return receipt requested, at the United States Post Office rnaintained at Love Lane, Mattituck, N. Y. avorn to before me this 16th day of NoVEmber, 1977 ~~ . - r__Jlt..,,~ ' _ Notary Pub ic ((,~ {;k!:d:o IJ Ellen Preston CCROTHYHfNDE~SON W::rJ:A~Y PUBLIC,. Stat. .f NOw 1.i! iNo. 30.6848100 ". ~a!jfied i~ Nas.s...~iJ Cbunty ~ , ~rnlS5tO'h EX;:lIres Me-i'ch;"30,";7f " I\j \ ~~- "\ ff' /:7::r-I H ~~ r---, c::jf'ln . i! gj' "~~ ,.J1f$f. n;;iJi{fjgj{'rr, "" ~~ /Ill .\Ill I /-J,fI'/I'"'lllll.. ~ 1--- ( 'I .y " E ".-<='" " : : IJTr--,.. . H...c l" '.Y.L/ " ~ ~'B[) "' ~V.~ ~or!!, I -~ y '~<,,' '/- BNI~ ~ "-~D ~~~6~~ ~V~ f" ~.~ ~I\'" PB -<\ ~ /I~' .'\1 .:: '--' _,"~ ~""" .~"'\\- p< ~_~",,'~ ~-"" 9roro,~ I~ ~~\\\~ t----, ~~~ \\ \. }'f~'i"i., . " ~ ~. ~...,N!l ~ ~ , \'\ ~ t' ~ t-fJ r;-;-- 1 \\ ~\, :\ L' -l 'ii I I 7@ i\' \\\' I-'_!! 11..1 Jet \\ "c" \\6;' Jt;;V~1 \ . ~'-' c:t)~1 \. \'i~~\~ ' Ii ~\*~\~v/.'" ~ ~ J'I "",'-'" ;lJ ~ r~:;;;,~ ~ ~41>'~'" .j '-" .o.n{~~" .. ?<1"-"'!~ }'1 ~~'~I ~, "~'~':". "%t%'E(3J')/"':/' ~ j. _w 6d;(' ~ . " (J J" ... ." " . ~ ~ ~W'IX~" .. . /w/ 0".... - ~ . ., '," . . ""i,, ." .:!,r~r/ 1-"- - "~,~ I .... ",/.,:oW "', g,~ ""'" ,y; "ipJf/ 0 - -c' t II - - ~ "W~ '< ~-=: ~l J::;L.JJ~. HOI' ~ T'- " ~l -- [:gl::J ~ -" --=::: ~- . ~r/ ll: "/ '1 ~ \ I I fv. )~I ~"- I LJ I) ~ 'C I - I II I ~VVVK !--J I '""1 PLANNING & ZONING REPORT VICINITY MIDDLE ROAD & SOUND AVENUE - . . MATTITUCK ~ - . PlANNING & ZONING REPORT \fr'~INITY MIDDLE ROAD & SOUND AVENUE MATTTTUCK o . Frederick F. Meyer Munic i'~al Planner ,Tanuar"'1J '"I, ')""":5 , . ..' -- .,~ . 0' Ji '1'>{"2 I\Pi::'LICi\TfON . The zone change application under discussion by the Planning 'loard on January 10, 1978 and that will subsequently also be the subject of discussion at a public hearing to be held by the Town 1'loard, is to amend the official zoning map of Southold from Residence A back to B Light Business District. Tf-IE SITE The subject parcel is located at the intersection of Suffolk Co\mty Route 27 (Middle Road) and Sound Avenue and contains 2.65 acres of land. It has 400 lineal feet of road frontage on Middle . ;\oad and S')':' lineal feet on Sound Avenue plus 83 feet on a connecting roadway, for a total road frontage of 1042 lineal feet. The average depth of the parcel is 260 feet. It is a level site, containing a soil composition known as Plymouth loamy sand. The parcel contains no trees or any other vegetation except 1'01' ~Iild grasses. It has a 60 foot LILCO easement running through a Dortjon of the easterly end of the parcel. Situated on the site is a one-story concrete block structure, containing approximately 900 square feet and presently used as a seasonal restaurant, known as "The Hut". Other improvements located on the site consist of bluestone surrounding the structure and consisting of approximately 28,950 square feet of area, upon which customers park in an unrestricted manner. The bU1.1d:i..ng and . bluestone parking area cover approximately 34 per cent of the total site, but the building only covers.85% of the site. -2- . 'eighty-three feet of concrete curbing exists at the apex of the triangle, apparently installed with the improvement of ';ounty Hoad 27 -- Middle Hoad. LAND U:3E AND ZONING OF OTHER PARCELS The sub.ject is generally the shape of a triangle, except that the apex i.s rounded, and so it virtually has road frontage along three highways. Opposite each of these are privately owned Droperties, all of which are zoned either business or industrial. This can readily be seen in Exhibit A. Parcell, located at the northeast corner of Middle Road and Cox Neck Road is zoned B Light Business having a frontage of 1300 feet and a depth of L~OO feet. It is vacant and can be seen in ... photograoh #1. Parcel 2, located on the northwest side of :.iiddle Road and Cox Neck Road is zoned 13 Light Business having a frontage of 920 feet and a depth of 400 feet. It is vacant and can be seen in Photograph #2. Parcel 3 is located on the south side of Middle Road west of the intersection with Cox Neck Road; it is zoned R Light Business and is improved with a business building known as the Doric Dimensions Corporation. T'li s can be "een in photograph 113. Parcel #L~ is directly behind, EaVlng limited frontage on the south side of r-.liddle Road; It too is zoned B LLght Business and is improved with a precast cessDool manufacturing plant. 'rhis can be seen in photograph Parcel :05 is contj_guous to Parcel #3 and is zoned B Light Business, in all, Parcels li3, 1/4, and #5 have a combined road frontage on the . -3- . . south si.de of "dddle Hoad and Sound Avenue of 10110 feet -wtth an average depth of goo feet. Parcel #6 is directly opposite a portion of the subject parcel, lying on the south side of Sound j,venue and i.s zoned C Industrial. It has a frontage on Sound Avenue of 880 feet, and extends southerly to the LIRR r-o--w for an overall depth of 1300 feet. This tract is unimproved except for a E;i.ngle family residential structure; it can be seen in ohotograoh To the rear of the SUbject is a 60 feet LILCO easement that brings electric power from Port Jefferson to the Mattituck substation, which is located adjacent to the southeast corner of our parcel; see photograph #6. ~ihen examined overall, the subject is currently surrounded by divergent zoning patterns and is virtually an island of residentially zoned land, in fact used for business. Undoubtedly all of the business or industrially zoned parcels will in due time develop wi.th some permitted use, in accordance with their current zoning district. It is unlikely that the sub:;ect would or could at this point in time develop with 40,000 square foot single family residential home sites, as it is currently zoned. In the first place i.t 1s improved -with a commercial structure, has been assessed as such and taxes are paid on the basis of a commercial entity. Therefore, the land and improvement has an ascribed value based upon its prior business zoning and the business i.mprovement thereon. To build residences, therefore, would greatly diminish the existing and potential business value. . -1+- ~ In the second place the site does not lend itself to development 1~ith single fami.ly dwellings because of the highway exposure (5,200 vehicles per day on Middle Road), and the lack of any vegetative or topographic assets that would offset the highway liabilities. The two dwellings (see exhibit B) that could be erected there would be totally isolated from any residential neighborhood. It is also highly unlikely that any d'screet buyer would make a financial commitment, knowing that he will one day face commercial or industrial land uses. REZONING IN ACCORDANCE WITH GOOD PLANNING It would be good and practical planning to restore to the sUb,ject, B Light Business, zoning classification. At this time . it seems reasonable to terminate the business zone at the bound- ary of the LILCO high tension power lines, as has been done with the parcel on the north side of Middle Road and the south side of Sound Avenue. Municipalities have traditionally used utility lines, railroad lines, rivers, abrupt changes in topography or ma.jor highways to separate zoning districts. While it is with good reason that the Town's Master Plan emphasizes the retention of agriculture in the Township, it is, however, unrealistic to place the sub.ject in that classi.fication, because it had previously been zoned business and because the site is too small to ever be considered for the raising of crops. . -5- . THE PRACTICAL AllD FINANCIAL ASPECTS OF NONCONFORMITY ------,..---..-.--' -._-".,_....- ---..------.-.--..--.-- As was stated previously, the sUb,ject parcel is developed commercially v/i th a small restaurant occupying only a portion of the 5i te. i~i.nce the Town Board changed the zoning classifica- tion from business to residential, the use is now nonconforming. It did conform to local zoning insofar as use and setback re- quirement are concerned when built in 1971. When the zoning was changed to residential the use bec8J1le nonconforming. [..lore specifically, it no longer complies ,~ith the list of permitted uses in that di.strict. As such, the current owner and any future owner is severly limited as to the improvements he may make to the restaurant. For example, it may not be reconstructed or structurally altered by more than 50)"b of the value of the build- . ing. i3ince the current building is of modest size and occupies only a small portion of the site, the reasonable development capabili ties can never be realized under i.ts current status. The addition of more seats, a dance floor or the enlargement of the kitchen facilities are virtually eliminated. A change of use to one previously permitted in the business zone is nc longer permitted. A nonconforming use may not be substituted for another. Other limitations imposed upon n:.moon- forming uses are addressed to repair in case of d8J1lage by fire and discontinuance of the use entirely if it is closed beyond a certain period of time. All of these restraints are obviously imposed for a single purpose, that is to cause the ultimate demise . -6- . of a use as it loses its vitality. This is acceptable if there is a reasonable alternate use for a given site. The existing use, however, will deteriorate (due to the virtual prohib:tion of improvements), and as such it will deter other potential users from developing on their surrounding business properties. The Town has initiated the groundwork for the alteration of the area in a negative manner and has not exercised its zon1ng power in the best interests of the welfare of the community. The present owner is desirous of selling the land and build lng, but carmot do so under present conditions. No prudent purchaser \'iOuld be "illing to purehase the restaurant with the intention of carrying on such a use without the prospect of grow- ing in accordance with the capabilities of the land and pursuant . to the needs of the existing and future needs of the community as population centers shift and grow. THE LOGIC IN CHEATING A NONCONFORMING USE It is sometimes reasonable for a municipality to "zone out" existing uses. 'rhis may be true where a use is inconsistent with the immediate neighborhood; or perhaps noise, smoke, vibration, fumes, dust, odor or excessive light violate the health, safety and general welfare of the community. In such a case tCle govern- ing body has a right to protect the neighborhood, and onc of the ways to do so is to eliminate the obnozious use from the list of permitted uses in the particular zoning district, or by changing the zone. The former method is most reasonable, since it pre- . serves the establi.shed value of the land and building. In the instant case, however, the use is not obnoxious and there is no . . . -7- established residential neighborhood in the usual sense, i.e. a colony of dwellings that support an elementary school. Yet the Town Board rezoned the parcel out of any business or i.ndustrial district and placed it in the most restrictive residential district. This is unconscionable. It is an unwarranted act and without prov- ocation since the restaurant use was and still is a r.1ermitted use in the Business zoning category. Furthermore, neither it, nor any of the other permitted uses normally have characteristics warrant- ing the Town to make them nonconforming. To take the inconslstency one step further, all surrounding properties (previously described) that are zoned for business or industrial uses, but are vacant, have retained the'r zoning status b'~t the subject upon which there exists an established business use has vtrtually been zoned out of business -- i.n both senses of the \-IOrd. If in fact it could be proven that the use is obnoxious and that it should be terminated, then the use should be eliminated from the perm1tted l1.st within the Business District. Because if'.t 1.s obnoxious at one location, then too :Lt would be elsewhere. Also, if it was determined after due study that Business and Industrial zoning in general will not be needed to serve the communi ty, them all parcels should have been rezoned. Therefore, the Town's act was arbitrary, capricious and discriminatory against one property o~mer. He will suffer irreparable los s, to the point where no value whatever remains so long as it is zoned Residence A. He has been unreasonably prohibited from improving and carrying on such activities that will enhance and Dreserve the value of the property. Instead, the action provides for the ultimate elimination, by attrition or otherwise, of the instant use. -8- . Ft"rnaDs U, 1'1 a:, the TO\'ln's desire to minimize the anticiJ'ated condemnati on co:;ts by the State of New York. In lC),',:) a Dre- li,mi,nary planni nr; stuuy was made by the New York State :JeDart- ment of TransDortatirnl indicating a possible extension of the Long Island Expressway easterly from its present termInus in Piverhead Town to the new County Road 27. Th'1t was a study that still has no status; there are no funds set aside for contract drawings, land acquLsition or construction. There are no funds for advanced l~,nd acquisition and the proposal is not '.neluded In the D9p8rtrnent':-) IJ-year program. If it does gai,n status, con- struction ,~ould be 10 years plus. At any rate, the contrel of land use to mInimize condemnation costs has not been 'JD":('ld in . the courts. I t is not the functi on of zoning to virtlla.1..ly condemn Land so that the minicipality will be able to purchase nt a Drlce lower than the fair mS.rket value. SUMHARY It appears, after a physical examinatJ.on of the site and the surrounding area, that the zoning pattern established some tim~ ago in the vicinity of Middle Read and Sound Avenue was reason- able. There is no a:pparent reason to change that zoning Da t tern at this time, and especially on a site already used for bu"iness purcoses. To do so is spot zoning in reverse. To do so is tanta- mount to confiscati.on of property without due process of the law and without any valid reason. The municipality has abused its "police power", to promote the health, safety and general \'Ielfare . of the community. vlith the previous rezoning of the sub.!ect, the munic'j Dali ty has violated one of the objective s of zoning, whi.ch -9- . is to conserve property values. Instead, the rezoning has resulted in depressing the value of the subject and it l'Ii11 result in changing the character of the area. All traditional planning concepts support the argu'11ent in behalf of returning the subject to its original business zoning classification. Therefore, it is respectfully requested that the subject parcel be rezoned in its entirety from Resi.dence /1, to B Light Business District. . . , ~ . ., \\\ ...../~ ~ '. ". '" .. , "",I "'<.0 {l~ f- L!u\<> --'~ ~l F(8--""'~' ~t ~~ 8i 11 \ , - '>>>. /, 1 "'" II ~ oJ. i '. "1.((I!/}; 7' 'M,\ \) ~~. .... -~ill/!~ ~ J''#DJ,~::tJ/I,~, f'.--', I~ ~. ~ rj~41 "- fll//}. . 'IFF~' , OrB" f"'-- I I "" ~ ~ /:, .l';\'~o.s;, · ',::: I't,' J //"'A '" . 8 . " !;;J-Cf/' I" w. .~~ i ~ '~p~:1 \ ~/l~: 6 r dEER D~~~/ ~\ ~\~ i m aD~"" .',"" 'i " ~ , . " 'IJ ~ ,,';; I ~~ ;\;~ 0\ -, ~ ~"'-" I .A~~ ~"'\;f: ~ .<t' ~ ' ~~~~m~ ~/~. 1':;e~Y,0" ~ ~~ N~~ \~~_ ' ,'y '" \'''- - \"C"-~, (.., cry/,' \ ' \ \ I /;7'" 7'-. ~ ~ ~' ,~,_ ._~ _ [" f \ '\" " '" ~" .. b: / . \ \ ~~ f- I / T ~v..,x~} " 'll. t- \\ ' \~~ 't- I. 8'1 "-SJ"- , . '. ' . \ \ ,'\\';~ II ......;:,- I "\Y r~~~ /, ~ ", ' '" ,. '''l''', ~, I \~ \\ ~ ", "- S','" ..4 "'" "Re' , ""~ I ' "c~.l \\\~~ r I..... ~"',c 'U~'" (f. \ , · ' f- .. 'NY "':''''~". , I ~ \ \ ,,," \ \' ""~, .. 7"/ i \' \'<< -~ ~ k "'~'Nr"" \\ \ \ \ ~ c.i<'r', '. , ~ ,. ! (f/ /'7 ~, h\\\~~ , 1f~:~~.~::~. ; ~(J. ~'\....;~. I ?~\'< ~ . f,,:.'\~ ~~V _ _;/ '. .."";''''',;{ .L\~. . I~,.... _.........'" .~,t- € I '3~ '" .. "-(, .~ "" . ^" ! ~y).::,:: ~""'li<:-~.. .w' ~ ~'J:.::.:, ~ f 'it ~"" In,~ " ~'~t'~{,\f;(>.> ""'''.'~ "'C ,,'" ""4' .... " (J~~ ~,.:~',.h" r. VE:: Nu~ L - - I ! 0 ... 1Il .q: () '" \.9 - N . - W .::> ;Z ~ W > 0 <( cf.. vl c .J Z . 0 <( .::> 0 0 0 II) If) - Itl fl "?- "" ci V -l . 1";eo'O <( <9 l"- ...J ~ <J <Y <t:'f. 0...0 ::><( t-~~ \..J f.. . LLlt;:N ~~ :::.:J if) . h#/Dtl 4. / ". poL '.JI-d - - "'l: " f/L'l/d f"" ru'1::l .. --- - -,-.,..........- -j \ \ -- f, . . ~ -.., ~ . I .;, '* UIWd' w .' , , .(:/~~ 1, ~ ..< ..'? -"'?-J: .....~. ,. .FA'- ILLlfltJ " I .,.. ~ ".. \ \ I ;~ j I ( '. ( I , ,- , . , I. i' , ".., '!<' . t)! :~~', , " of .f. . .~ ~"". t. ~" ii~'~ .l.. ,- f ~. ,,, f1.L1Hd c:,i, ,^,,-,_c :::P.:~:'i ;,H^ll RUN r::.:n'/fes Cr,~, ,,_, , _; it.." .",:(...,\iH~ SUR....EY IS>,-' :::>..:"h',[::i-.U;TZJTI-l" T'L '::J'i:;;,',::-:iAL ;,GtNCY AN[ L~,' j' ,d_, I~", ~..:;'J I'_~:O)-'. _A_ND TO '-H~ ,10, ,',_: ("f' I::': ~~;L)HG iNSTI- J;;j ~R_ C".\~,Ar:-',::;::; A::;:; i'tOT T;,ANSF;:I1.ASLE TO ,~;;.:.li'~t,AL 1r;~-;liUliOj.;.t OR.5Uir;.EQUENi O.....I~,R~. ',-' ~ .. -,- . -~"" .,.,----.., ~ t;:) C\ '~ ,"", " ":' "- ~ ~. ~'. G;\ \\ ':l. ..,' '<:; "' Gl C- O <:> ~'-<; -:\. ~'-. E l' "'f. \ , "B" ;... ~-. \ "/, .. ;__ _._____.->-~.......;;..,,--'--"..:..:.l....-.._'_..2..~_,.L>___~_...:>_.._ "\ , " M IODCIE "''0, fZ040 ',. 3C()' ., ..,._tZt!!r.,-ft:,..Jrmd" ....: .E~t;!':'(f~~ '2~~' ~?~ ,~t~~.,~'i ,Ii ", '. ii~i!;:~"'1,~,'y?::~';j~,:',"~' ~:;'f .~~~r' :""~4.t "~', r~.} " 1', .""', ..r.-, "'(~ \;- -1:" ~i~~' " (..a.~ . '. . '3 ';.e:>'I..V - 180, 8V c' .~:.,v.~~'OOiV-108.88 ~1.t":~'~::"7.97, .kc.35.4>O .~'I:i~o~ ~~,.~:;~~ :;l:$_ ,.~~-~" "~,:F " . ; Jr-?': ~~79Jw(; 267.69 ;,._J,.,~~ 79, I~."'C 109.39 ;"jJ;<ti !:,,~~'5. - /69.9"f . :'~".1f4'OO"W. - 100.0 ,.t;:>~'OO"E.-189.7Z. . :~ ~.,.i'l!b:-u+ 2Yc, AcMl!?S " e" ~ '-' G_. l,..,.~,_ " c .- .1 I i i ['" M~p TO ACCOMPANY ~PPLlC~TrON FOe CHANGe OF ZONe FIZOM '1:; 'It) "S' MI!WE' FOIl: NOtZ.77-I ~w:. MANOI2_L("'!C. AT M4TTITUCI< 7b.vN OF" So..J71-/OL.D, N. Y. ,~" .. ;." $:)1 (II"'.~''''I'' ;';AI-"!Q::J['(; l<r~:'I.f!(jr~ u.. AG.,)'TKI'-, fO 1;i1$ SL'~;V(Y is A V:0'-IIJ:Ot~ Of S[CTI()H 7::::'1 Cf rHf ~.~"I V::;:.:K ~TAH E[;-U('.T:C-, INN. c,)rT':: c< ; 'S -~.:-y,y !.',~~ NOT 8U\~(NG TI:, i;', ." "",i') '",\:,(!{ ", . " L~ CJ;"SrG<Rc.D (y,f, h , -;'-'f. /<:, k~. 27) t= _ C,""e s 500' ~'. ..:..:t'e:cid~"'':'1tt (~',r ..::'L.:;:" . "'_"jut: '.r ~ ";"'," ~. " 1" ..;. G \J < r< .4.-' ... "-- .~ nj 1 /1 I! . ' :rm......r;:.5ideHc'" l!S!..6erl"t:1<je ~.f/if!llil't f:, ~OHt'>d ''A''-fZesfdedial, lMf-#'", ',lfet'wi~ /I'/(:It"ct:rled, ,,- '"'---- Mat'/-" Nov. Z3,1977 r:!OCJeIZICf<. VAN TuyL., P. C __~?". V<~ T:..;:.R L/C4!t1:Jed L..c.Hd 5urV<fl'jo",s G~tfporl' - New Yo..-t:.. "::'~j.. ~.