HomeMy WebLinkAboutWickham, William Amend #100 WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by ...... W.i..~.l...i.~:~..~.i.g~.h.~.~ ............................................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made o part thereof by chang-
........................................... ~ "B" Light Business
ing from"A" Res. & A~ri. District_o ............................................
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 ....~:~.'~} ....... day
of ................... ~.a..~..qb ................. , 19..~.~..., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is G]~~. N~ED.
BY ORDER OF THE SOUTHOLD TOWN BOARD
DATED: MAY 7, 1974.
Albert W. Richmond, Town Clerk
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
Southcld, New York,
ALBERT W. RICHMOND, of Sou_ho_~i, _~ ..... .
20th ~" _
age of twenty-one ','ears; that on tho
i9 74
is a true
oublic pAace
York, to
he affixeci a notice of which the anne::~.~ b,_'::'Lec : · '
~he To'...'n of Southold, Suffolk County,
Amendment No. 100 - Change of Zone from "A" to
William W~ckham
Town Clerk Bulletin Board, Town
Main kc~ld, Soucholl, ~.£.,_.. ,~.
Sworn to before me this
20th day of
19 74
Public
NOTICE OF AMENDMENTS
TO TOWN ORDINANCE
AMENDMENT NO. 100
NOTICE iS'HEREBY GIVEN
that at a meeting of the Town
Board of the TOwn. of Southold,
Suffolk County, .New York,· held
on the 7th day .of May, 1974, the
Town BOar~ efl~ed the following
amendment to the Town Ordi-
nance entitled "The Building.
Zone Ordinance of the Town of
Southold, Suffolk County,. New
· York" together with the' Building
Zone Map forming a part thereof
as follows to wit:
Amendment No.'-100-.amends
the Building. Zone Ordinance by
changing "from ~'A" Residential
· /and Agricultural' District.' to "B"
~Light Business.· DistriCt, the
~roperty.. of.. WilLiam ' Wiekham,
situated:, a~.;.~,.~momaque near
GreenpOi;t,.New YOrk,_ and more
particular!~; ~ndeff ~nd de-'
scribed a~:' i/ollo-wS: .
BEGINNING at a point o~ the
southerly line of Albertson's
Lane, 228.32 feet westerly, as
'measured along the southerly line
o~ AlbertSon'~s Lane from its
intersection .with the northerly
line of Main Road; from,Said:point
of beginni~ningthence in a'
southwesterIjt'~~~ on an-arc
to .the left h~g :a~.l~l. iUs of
3096.79 feet~:~..~l~ 361.08 ~
feet to ii,nd ~..~. kl~.'rttnning
thence N -~.' '"'::~...~r~e~ 43
' . '. .... ~ .< , :.',,,'
said land~~-'~'.'5't~!, th, e.
southerly..!in'~.. 6i~' AJ~."~on s.
Lane; runn~~~.ee al6n'g' said
line two (2) coups and distances
as foliows:'(l) South 85. degrees
42 minutes 20'seconds East, 5.36
feet, (2) South 87.. degrees '24
~s ~30.'$~~ ..F.~.. t, '368.49
~mei;..,--.::. · ,..., ,.~ ..,. '.. ?. i .~ ~- ;.'.
Dated: Ma' ' '
y 9, ~974
tT, 5/16
COUNTY OF SUFFOLK }
STATE OF NEW YORKj~ ss:
C. Whitney Booth, .Ir., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TEAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for ...... -..~.,-'~/';'//
· ~ .... [...,..; ..... .-~.; weeks/
successively, commencing on the ................:'/~ ~
......................... ........
Sworn
to
before
me this ....... ,./..../..' ...... day of
....... · ..... ,
eeeeeeleee eeee;ee eeee e~~";eee~ee,,ellleel
ADELE PAYNE
Notary Pui;:ic. S~a~e of New York
~ o. .~2_ 30 41 O00
Oomm~Ssion EXpires ~latCb 30, 192
NOTICE OF AMENDMENTS
TO TOWN ORD~INAN'CE
AMENDMENT NO. 100
! ILl i ii J , , Il i
NOTICE IS HEREBY GIVEN .that '.at .a meeting, of the Town Board
of the Town of Southo.ld, Suffolk County, New York, held on
the 7th day of May, 1974,. the .TOwn' Board enacted the' following
amendment to the Town
Ordinance .entitl.ed "The Building Zone
Ordinance of the Town. of Southo.ld, SUffolk County, New .York"
together with the 'Building Zone Map forming a part .thereof as
follows to wit:
Amendment No. 100 amends the Building Zone ~Ordinance by
changing from "A" ReSidenti.al and Agricultural District
to "B" Light Business' District, the property of William Wickham,
situated at Arshamomaque near Greenport, New York, and
more parti.cularly bounded and described as follows:
BEGINNING at a point on the southerly line of Albertson's
Lane, 228.32 feet weS. t~erly as mea.sured along the southerly
line of Albertso~n's Lane from its intersection width the
northerly line of Main Road; from said point of beginning
running thence 'in a southWes.terly direction on an arc to the
left having a radius of 3096.79 feet, a distance of 361.08
feet to land of Cassidy; running thence North 31° 43' 20"
West along said land, 397.76 feet to the southerly li'ne of
Albertson's Lane; running thence along said line two (2.)
courses and distances' as follows: (1) South 85° 42' 20" East,
5.36 feet, (2). South 87° 24' 30" East, 368.49 feet to the
point or place of BEGINNING.
Da ted: May 9, 1974.
SOUTHoLD TOWN. BOARD
ALBERT W. RICHMOND
TOWN ,CLERK
Legal Noti.ce
Page 2
PLEASE PUBLI'SH ONC~E, May 16, 1974, AND FORWARD SIX (6.)
AFFIDAVITS OF PUBLICATI.ON .TO THE SOUTHOLD TOWN BOARD,
16 SOUTH ~STREET, GREENPORT, NEW .YORK.
Copies mailed to the following on May 9, 1974
The Suffolk Weekly Times
The Long Island Tr.aveler~-Matti.tuck
Supervi.sor Albert 'M. Martocchia
William Wickham
Van Tuyl & Son
Watchman
Public Hearing of the Town Board held March 12, 1974
Present: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice
Surer, Justice Demarest, Town Clerk Richmond. Absent: Justice Doyen.
Supervisor Martocchia opened the hearing at 7:30 p.m. and requested that
Councilman Homart read the legal notice for the application for change of
zone o£ William Wickham for property located at Arshamomaque, New York.
LEGAL NOTICE
NOTICE OF HFARING ON PROPOSALS
TO AMEND ZONING ORDINANCE
Pursuant to Section 265 of the Town Law and Requirements of the
Building Zone Ordinance of the Town of Southold, Suffolk County~ New York,
public hearing will be held by the Southold Town Board in the Office of the
Supervisor~ 16 South Street, Greenport, New York~ in said Town on the 12th
day of March 1974, on the following proposal to amend the Building Zone
Ordinance (including the Building Zone Maps) of the Town of Southold,
Suffolk County, New York.
7:30 p.m. (EDST) by changing from "A" Residential and Agricultural
District to "B" Light Business District, the property of William Wickham
situated at Arshamomaque near Greenport, New York, and more particularly
bounded and described as follows:
BEGINNING at a point on the southerly line of Albertson's Lane, 228.32
feet westerly as measured along the southerly line of Albertson's Lane from
its intersection with the northerly line of Main Road, from said point of
beginning running thence in a southwesterly direction on an arc to the left
having a radius of 3096.79 feet: a distance of 361.08 feet to land of
Cassidy; running thence North 31° 43' 20" West along said land, 397.76 feet
to the southerly line o£ Albertson's Lane; running thence along said line
two (2) courses and distances as follows: (1) South 85° 42' 20" East 5.36
feet, (2) South 87° 24' 30" East, 368.4Q feet to the point or place of
BEGINNING.
Any person desiring to be heard on the above proposed amendment should
appear at the time and place so specified.
Dated: February 21~ 1974.
BY ORDER OF THE SOUTHOLD TOWN BOARD
ALBERT W. RIC~OND
TOWN CLERK
Proof of publication was presented from the Suffolk Weekly Times and
the Long Island Traveler - Mattituck Watchman. Proof of posting was
presented from the Town Clerk.
The following letter was presented dated February 1, 1974 from Gerald
G. Newman, chief Planner, Suffolk County Department of Planning.
Town Board Heart. -2- .h 12, 1974
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above captioned application which has been referred to the
Suffolk County Planning Commission is considere(t to be a matter for local
determination. The decision of local determination should not be construed
as either an approval or a disapproval.
The following letter was read to the Suffolk County Planning Commission
from the Southold Town Planning Board, dated January 17, 1974.
Enclosed find notice of referral in the matter of the change of zone
application of William Wickham.
Mr. John Wickham, Chairman of the Southold Town Planning Board,
disqualified himself from voting in view of the fact that he owns an
approximate 1/9 undivided interest in this property.
The following letter was read to the Southold Town Board from the
Southold Town Planning Board, dated January 17, 1974.
The Southold Town Planning Board at its regular meeting held January
15, 1974 took the following action.
Mr. Raynor made a motion to recommend approval of the change of zone
on property of William Wickham in Arshamomaque from "A" to "B" on the basis
that it is consistent with the immediate area and four acres is a modest
amount of viable business entity, Mr. Grebe seconded the motion and it was
carried. The Chairman abstained from voting as he owns an approximate 1/9
undivided interest in this property.
Super.visor: You have heard the legal notice read and the description of
the property, the legal posting by the Town Clerk and the comments of the
Suffolk County Planning Commission making it local determination, the
disqualification of the Chairman for reasons specified and the position of
the Southold Town Planning Board agreeing to go along with the approval of
the application. At this time~ is there anyone who would like to speak in
behalf of the application being granted?
Mr. William Wickham: My name if William Wickham. I am an attorney with
offices at Mattituck, New York. I would like to pursue this application.
I would like to make my presentation in four segments. I would first like
to disclose to you the owners~ then the surrounding areas as far as zoning
is concerned. I would then like to analyze the property itself and then
analyze the surrounding area and~ lastly~ I would like to give to you the
purposes for which I made the application.
This property is located in Arshamomaque at the northwest corner of
the intersection of the Main Road and Cassidy's Lane sometimes known as
Albertson's Lane. The ownership is divided and I made my application to
you as a__n owner, not the owner. This was the remainder of a large farm
which extended to the' bay. It was acquired by my grandfather in 1882.
The remainder of the farm was sold in the late 20's and, on my grandfather's
daath~ it devolved to my father, William Wickham, to his brother, James
Wickham, and his sister~ Miss Julia Wickham. On their deaths and other
Town Board Hearii -3- ~ ,h 12, 1974
deaths, the ownership is as follows. I own 5/12; John Wickham owns 1/9;
his brother~ Henry~ owns 1/12~ his nephew~ James~ owns 5/36; and
Margaret Breaker owns 1/9. James and Mrs. Breaker are the son and widow
of Parker Wickham, a brother of John. I have here a section of your zoning
map which I will mark "Exhibit A". This shows the location of the whole
plot~ part of which is already in '*B" zone. You will note that almost
straight out from the Village of Greenport~ the area is marked "B". On the
south part of the Main Road it extends to the railroad and on the north
part it extends to a depth of 200 feet although there are several indenta-
tions or extensions northerly. There is one exception. Almost across from
it on the other side of the Main Road is a "C" industrial area.
I would like to show you an exhibit which I have marked "B". This
shows the parcel as it now exists and as it existed prior to 1965 when the
state widened the Main Road. The area in blue is the area that the State
took in fee~ just short of 3/4 of an acre. The yellow area designates a
permanent easement. I have never been able to determine what a permanent
easement is. We cannot occupy £t, of course. The remainder of the parcel
including the permanent easement consists of a little more than 3-1/2 acres.
The "B" zone now is 2.16 acres and the "A" zone is 1.37 acres. In percent-
ages then of the whole area~ the "B" zone is now 61% and the "A" area is
39%. It is almost 60/40, You will notice that the short angle is almost
like an isosceles triangle and the angle is between 55 and 56 degrees. I
also want to point out this shaded area here which represents a high tension
line of the Long Island Lighting Company. The easement is 60 feet and it
extends about 50 feet over the premises making sort of a barrier as to any
building that can go up near it.
I would like to show you the surrounding areas. This is a tax map
of the property on the west side of Albertson's Lane. This is the parcel
although here it is still designated as assessed to Julia Wickham. I
pointed out that across here is a high tension wire. There is a small
house. This is Exhibit C. It is quite a small house of some vintage.
It would appear that when it was built it must have been filled in because
there is still some swamp up close to it. As we get further to the west
there is the Arshamomaque Dairy. Beyond that there is a small ranch type
house and up almost to the corner there are two houses, one on each side.
That is the extent of the residential houses on Albertson's Lane, There
is one way up on the corner~ I believe. The area is mostly swamp with
marsh grasses and a bog. This swamp area extends a great distance and
drains across the road and there is a huge ditch that runs to the bay.
I have here an aerial~ Exhibit D, which shows the extent of that
area. This is the parcel here. You can see this black area that comes
down to the road here and extends almost to the North Road. It is all
dense trees and swamp from the darkness of the area. I don't see how this
possibly could be used at any time because of the density of the swamp,
and the size of it.
My purpose in presenting this to you at this time is this. I think
that the parcel lends itself to "B" zone and the percentages also confirm
that. Perhaps, it is something that should have been considered at the
time of the master plan but then to have it proposed by the Planning Board
with a possible conflict~ it wasn't considered proper at the time. SoI I,
Town Board Heari. -4- 'ch 12~ 1974
at this time, as the larger owner, am making the petition. I have the
permission, of course, of the others and sooner or later the property will
have to be sold for several reasons. It can't be divided. The Town zoning
laws wouldn't let us. None of the owners has any immediate need for it
and to try to sell it with a separate zoning would be very difficult with-
out a contingency in the contract and I have found contingencies create
pressures all around and are just a very unsatisfactory condition. I want
to point out that there is one building on the property which belongs to
George Wetmore. We rent a small portion of the land to him on a continuing
basis which just pays the taxes. We can remove it on termination of the
lease. The owners are all getting older. It is estate planning. I do
want to say this in all sincerity that it is not going to be put on the
market or in the hands of any broker. It isn't in anyone's hands now.
We are holding it until the right person comes along. My requirements may
be a lot stricter than yours. You have certain categories in your "B"
zone which are allowed. My criteria is desirability. When somebody comes
along that I think can do a job for the community and the town and give us
the right figure, I will consent but in the meantime I am not going to
allow it to go in the hands of an investor or speculator or anything like
that. t like Southold Town and I want to see 5t grow in the right direction.
When a certain person comes along I am satisfied will do that I will be
glad to talk to them and not until then. I would urge you to consider my
application favorably.
Supervisor: What is the frontage on Route 25?
Mr. Wickham: 584.37 feet.
Supervisor: Who is west of you on the Main Road?
Mr. Wickham: N. Cassidy.
Supervisor: Is his zoned business?
Mr. Wickham: Yes, it continues to the railroad.
Supervisor: Is it ail 200 feet but on Albertson's Lane about 228 feet?
Mr. Wickham: That includes the permanent easement.
Supervisor: Does anyone else wish to speak in favor of this application?
Does anyone wish to speak in opposition? Hearing no-one else for and none
against, is there anyone wishing to speak in either direction or comment?
There being no one else who wishes to speak, I declare this hearing closed
and the Board will make a determination in the near future.
Respectfully submitted,
Muriel Brush, Secretary
-. . . , .. ..
.
_ - . .~ ..,-
., .
?on~j
/
NOTICE OF HEARING
ON PROPOSALS TO
AMEND ZONING
ORDINANCE
Pursuant to Section 265 of the
Town Law and Requirements of
the Building Zone Ordinance of
the Town of Southold, Suffolk
County, New York, public
hearing will ~be, held by the
SoutholdliT0 .wn ~ard in the
Office ~~ ~mpe~ot', 16 South
Street~i(~portl i~N~ ~ork, in
said To~~bl~ ~! l~dl! day of
March ii~.., on i~he :following
prop0s~ ]~ bm. er~ :the, Building
Zone Oi'~h~ i(~ndlPding the
Buildi~ Z0~ ~1~: 0~ the Town
of So~.~, ~ffol~C0~nty, New
7:30 ~'! ',~.M. ' .,(~-~Di$.T.) by
changi~ fr0m'"'A~ Residential
and Agricultural Distrkt to "B"
Light BUsiness DiStrict, the
prope of! .Wickh m
situated at ~m0maque near
Greenpo~,,~ewyo~'k~9~d more
par ticul~i~: i i]b~fin~d and
BEGII~fl~' dt,~t[~p0~0t on the
southerly' lind ! o~ !Albertson's
Lane, 226.32 feetI ~e~erly as
measured along the! ~erly
line of Albertson's t[~ ~rpm its
intersection ~with ~ ~~erlyt -
line of Mahi ,l~,q; i~: Said
point'of be~ilin~ ~. ~ .~.~ thence
in a southwestef.]~F ~ ~n On an
to of
feet to land of Ca~ ~ ~rtmning
thence North 31~de ~-~ ,43' 20"
West along-said ~.l~ei~t, !~J9~,~76 feet
to the so~th~rl~ ]jne of Albert-
son's L~; rtui~ ~henCe along
said l~el two i~2)~i cdurSes and
distancings foll~w~ f (1) South 85
degrees 42' 20" East, 5.36 feet, (2)
South 87 degrees 24' 30" East,
3~.49 feet to the point or place of
BEGINNING.
.:~..~ Any person desiring t0be heard
.~l' the above proposed amend-
ment should appear at the time
and place so specified.
Dated: .February 21, 1974.
·. BY ORDER.OF THE
SOUTHOLD TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
COUNTY OF SUFFOLK,
STATE OF NEW YORK, } ss:
........ S.t.u.a..r'~..C.:..D..o..rm~. ........... being duly Sworn,
says that .. be... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and that the notice, of which the annexed is u printed
copy. has been published in the suid Suffolk Weekly Times
once in each week, for ........... .o.n..e..(.1) ........ weeks
successively commencing on the ............ 2..8.~.h. .........
day of ....F.e..b.r. ....... . ....
Sworn to before me this ....2.8..l;.h...
day of..F.e.b:t'ua.~ ,/~..J.t~.~· I ~ ./
~r~ ~o/~~ ~ ac ~h~
Town ~W ~ui~nts of
'~g w{~ ~~ ~thOld
Town On t~-~ day of ~rch
and
to' "B"
the
~m Wickham
~e '. ~l'
O ~d .~or~
,'j ,, ~ '~ ~,
. ,
on the
Al~rtson's
as
Y
line irom its
said
.~ begil~_~ I~ .. ~ 'runxling
~ southw~tly direc-
tion ~ .ar. c to the left havin;~
a [t'~lt, a dis-
tance i:~[,l~ld of
-:~..i~v ~:~e~ce North
~1~ 43' land.
397.76 line
of 'running,
then~ ~2~-:
cour~
feet. ~*
368.~ ~~1~ '~8~'; East.
~the ~t or p!a~
or s~O;~o .... ~'
the ti~/~hd)pla~ ~o Specified.
BY 0RDE~ ~ THE
SOU~HO~ TOW~ ~OA~D
ALBERT %¥. RICHMOND
TOWN CL~RK
1T~2-28
COU'NTY OF SUFFOLK
STATE OF NEW YORK~ ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER- MA'I-i'ITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the a.nnexed is a printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once each week for ......... ~'.~/:~.,..~...~..Z-... wee~
successively, commencin9 on the ...........................
Say of .......... .'.'~.~.'/. ...... ,19.~.,~ ~
............................. ..............
Sworn to before me this ........ .~..'Z~. day of
......
STATE OF NE~,V YORK:
COUNTY OF SUFFOLK:
SS:
ALBERT W. RICHMOND, of Southols Po.,¢_r~ el
Southold, 'New York, being duly sworn, says that }~e ms ever
age of twenty-one years; that on the 1st
day of March
19 74 , he affixed a notice of which the annexed printed rieL'
is a true copy, in a proper and substantial manner,
public place in the Town of Southold, Suffolk County,
York, to wit:- Public Hearing - Sou tho id Town Board
7:30 P.M. -March 12, 1974
Application of William Wickham
"A" to "B"
Town Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, L.I.,N.Y.
Sworn to before me this
1st day of March
Albert W. Richmond, Town C!eu-k
19 74 .
~N'o ta ry Public
JUDITH T. BO;KEN
Notary ~,!~lic. State of: New York
N..:,. 52 --- 05 ~.,..196'} Su~'~'o'k Cc~'~
Coun'~y, ~~ ¥o~k, p -ubl--i~ ~~ ~lll be '.held by ~ $~~Ld
~~e.~'t~ '-l!.~ Yo~...k., .in ~ Town on the 12th day of ~~ch 1974.,
p~y o£ ~illiam ~i~~ si-h'~'~ed at-. Ar.'sh~x~~x/u~ ~
as i"oiiows ..
the ~~h~rly line. of .Albertson's Lane.~ r~ing
(1) South
February 22, 1. 974
Ma in Road
M~ttituck, New York 11952
Dear Mr. Wickham.
Re: Application for change of zone
The .following information is provided as per your req~est.
At a regular meeting of the Southold Town Planning Board
held January 15, 1974 the fol&owing action was taken. Mr.
Raynor made a motion to recommend approval of the change of
zone of property of W~lliam Wickham in Arshamomaque from
to "B" on the basis that it is consistent with the immediate
are~ ~nd four acres is a modest amount of viable business entity.
Mr. Grebe seconded the motion and ig was carried. 'the Chairman
abstained from vo~ing as he owns an approximate 1/9 undivided
interest in this .property.
A communication dated February I, 1974 was received from
the Suffolk County Department of Planning advising us that this
is a matter for local determination which should not be construed
as either an approval or a disapproval.
A public hearing will be held by the ?outhoid Town Board,
at 16 South Street, Greenport on March 12, 1974 at 7:30 p.m.
Yours truly,
Muriel Br~a,sh, Secretary
So u t ho 1 d Town P 1 anni ng Bo a r d
Suffolk County Deportment of Plannln~
Veterans ~emorial Pi~hway
Hauppauge, Mew York 11787
February 1, 1974
Town of Southold
Planning Board
Petitioner:
~{un. File ?~.:
S.C,P.D. File ?~.:
William Wickham
220
SD-74-4
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk
County Cherter, fha above captioned application which has been re-
ferred to the Suffolk County Plannin~ Commission is considermd to
be a matter for local deter~n-tion. The decision of local ~eter-
mination shoul~--~n-~b-a-co~strue~ as either an approval or a disapproval.
Co~ents:
Respectfully yours,
Lee E. I[oppelman
Director of Plannin~
Southold Town Planning Board
SOUTHOLD, L. I., N. Y. 1~971
PLANNING BOARD
MEMBERS
John Wlckharn, Chalrrn;n
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
January 17, 1974
Southold Town Board
16 South Street
Greenport~ New York 11944
Gentlemen:
The Southold Town Planning Board at its regular meeting
held January 15~ 1974 took the following action.
Mr. Raynor made a motion to r~ecommend a~l of the
change of zone on property o£ William Wickham in Arshamomaque
from "A" to "B" on the basis that it is consistent with the
immediate area ands_four acres_~_is a modest amount of viable
business entity. Mr. Grebe seconded the motion and it was
carried. The Cha£rman abstained from voting as he owns an
approximate 1/9 undivided interest in this property.
Yours truly~
Muriel Brush~ Secretary
Southold Town Planning Board
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
TOWN CLERK 765-3783
E3ulldin~ Dept. i
Planning Bd. 765-2660
Board of Appeals
Pursuant to the General Municipal Low, Chapter 24, of the Consolidated Laws, Article 12-B,
Sections 239-1 and m, the .....~..~..1~........~.....1~.. ................... of the town of .~.t...~?.l,~ .......................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
............ New and recodified zoning ordinance
............ Amendment to the zoning ordinance
.....x:~..~... Zoning changes
............ Special permits
............ Variances
Location of affected land: ..~`..~...~.~..~..~.~.~..~.~..~t~..~..~]~....i~...?~.~.`~.~`~..~..~.?.~.~.~.~.
within 500 feet of: (check one or more)
............ Town or village boundary line
...~... State ~ road, ~¢~y ~ ~
............ 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 buildinfl is situated
Comments: ~ ~14 ~ Ptt~l~ ~d ~g~ 'p~r../.. ' ;hi> ~
~auge e~ ~0
(signed)
Title
Date received by Suffolk County Planning Commission ........................................................................
Fi~e No .................................
January 17, 1974
Mr. Gerald I~lwman
Suffolk County Planning Commission
Veterans Memorial Highway
HaupDauge, New York 11787
Dear Mr. Newman:
Enclosed find notice of referral in the matter of the
chan~e of zone application of William Wickham.
Hr. John Wickham, Chairman of the Southold Town
Planning Board, disqualified himself from voting in view
of the fact tha~li-6--~an approximate 1/9 undivided
interest in this property. - f -
Yours truly,
~riel Brush, Secretary
Southold Town Planning Board
Hnclosures 3
ALBERT W. BIDHMI:]ND
S{:]IJTHE]LD, L. l, N. Y. 11971
December 12, 1973
Mr. John Wickham, Chairman
Southold Town Planning Board
Cutchogue, New York 11935
Dear Mr. Wickham:
The original petition of of William Wickham requesting
a change of zone on certain property situated at Arshamomaque,
near Greenport, New York, from "AY Residential and Agricultural
District to "B" Light Business District is in the files in the
office of the Planning Board at Southold, New York.
You are instructed to prepare an official report defining
the conditions described in the petition and determine the area
so affected with the recommendation of your Board.
Very truly yours,
Albert W. Richmond
Town Clerk
~/ICKHAM & LARK,
December 3, 11973
Mr. Albert W. Richmond
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re: Petition of William Wickham
____f_o~_C_~j~__g.e of Zone
Dear Mr. Richmond:
In connection with the above-captioned
matter, I am enclosing six (6) copies of the Petition
with Exhibits I and II. Also enclosed is ()ur check
to the order of the Town of Southold in the amount of
$100.00 which represents the filing fee.
Would you kindly process this Petition
with the appropriate municipal agencies.
WW:jgm
Encs.
Very~ly you~r s,
Wil l'i~m ~Fi ~k h am~~
STATE OF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN-
ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I ........... ~ZLLIA~I..~ICK~A~I ................... residing at ~..P!~..~...b~..~...~ ~_e~..._S...u. ffolk,
(~se~ name ~ petitioner)
n
Suffolk County, New York, the undersigned, anl~ owner of certain real property situated at
Nc~ York,
/~7~c~..~,...~....G~..~Ug...~/and more particularly bounded and described as ~llows:
ALL that certain plot or parcel of land situate, lying and being
at Arshamomaque, near Greenport, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows: BEGINNING at
a point on the southerly line of Albertson's Lane, 228.32 feet westerly
as measured along the southerly line of Albertson's Lane from its inter-
section with the northerly line of Main Road; from said point of begin-
ning running thence in a southwesterly direction on an arc to the left
having a radius of 3096.79 feet, a distance of 361.08 feet to land of
Cassidy; running thence North 31° 43' 20" West along said land, 397.76
feet to the southerly line of Albertson's Lane; running thence along
said line two (2) courses and distances as follows: (1) South 85~ 42'
20" East, 5.36 feet, (2) South 87° 24' 30" East, 368.49 feet to the
point or place of beginning.
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 lhe Building Zone Maps heretofore made a part thereof, as follows:
From "A" Residential and Agricultural District to "B" Light Business
District.
3. Sucl~ request is made for the following reasons:
See Schedule A attached hereto and made a part hereof.
4. EXHIBIT I
Zerox of excerpt from Southold Town Zoning Map
showing adjoining properties.
EXHIBIT II - Map to Accompany Application for change of zone
from "A" to "B", Arshamomaque, Town of Southold,
Suffolk County, New York, mapped November 13, 1973
by Roderick Van Tuyl, P.C.
William Wickham
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
...................... ~.~. ~.I..~I$~ ................... , 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 ~y own knowledge, except as to the mat-
ters therein stated to be alleged on information and belief, and that as to those matters he
believes it t~ be true.
(L. S.)
Sworn to before me
/ Notary Public.
S ClSfEDL~LE A
2his property is located on the southerly side of Albertson's
Lane, Arshamomoque and is a small trisngular parcel of 1.3797 acres.
This is bounded on the south by an irregular parcel, both of which
fo~, a triangle, with the Main Road as the base. ~he whole tract
has been held as a one family unit since well before the turn of
the century. It is the remaining tip of what was a large farm ex-
tending southerly to Peconic Bay. ~his whole parcel was originally
4.4372 acres in size. In 1957, the State of l~ew York acquired .702
acres and a permanent easement of .188 acres for the widening of
the State Highway.
The irregular parcel to the south of the small triangular par-
cel for which a zone change is requested is zoned "B" to an extent
of 200 feet northerly from the new road line. It is, however, sub-
ject to the permanent easement which is a strip running along the
northerly line of the Main Road and varying in depth £rom 10 feet
to 23 feet. Since this is ~ permanent easement, the practical
depth of the "B" zone varies from approximately 177 feet to 190 feet.
The "A" parcel for which we are asking a change bounds the
parcel on the south by 361.08 feet but runs to an ape~ on Albertson's
Lane ver?~ rapidly so that it has no uniform depth. The layout of
the "B" parcel and "A" parcel is such that for all practical pur-
poses they are one unit and not separable for different purposes.
The change to a "B" zone, therefore, would not create any difficul-
ties since it is logically a part of the other.
This section of Southold Town contains a high percentage of
zoning on both sides of the Main Road as shown on a copy of the cur-
rent ta~ map attached hereto. The south side of the Main Road,
opposite these properties, contains businesses of road paving, lumber
and supplies, catering and boat building. To the east, on both
sides of the State Highway are large areas of "B" zoning and one of
industrial. On the north side of Albertson's Lane, opposite both
the "B'~ and "A" zones, is a low land area not, however, suited for
agricultural purposes, except possibly pasturage. It could not be
used for any other purposes without a large amount of fill.
The "A~' zone for which a change is requested is essentially a
part of a whole tract and is not distinct or separate. The tract
can not be equitably used in two different zones. It is, therefore,
respectfully urged that the parcel of 1.3797 acres zoned "A" be
rezoned to "B" to conform to ~he remainder of the ownership.
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I'V'IAP OF' LAI"I~
ET' AL.
WICIKI4AM,
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