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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. %., ~ \ . ~ . · / g.x~- '· ~.~ /" 't. ', ~.~.. X "? ', · ~ -~ -.:> ,.,~ ~ ~'7~ ~i~.- 5 ~ '- u " r~o~i;''~'., ,, ,-- .. ,,~ ',. I'V'IAP OF' LAI"I~ ET' AL. WICIKI4AM, ,4