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HomeMy WebLinkAbout2297 TO~N OF SOUTHOLD, NEW ¥OIAK ACTION OF THE ZONI~ BOAI~D OF APPEALS AppealNo. 2297 Dated Jume 9, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF TH]E TO~VN OF SOI3THOLD To J. Parker Wiokhara Airway-. Dr ive~ ~, ._ Mattituckt, NY~ :.11952 at ~ mee~ng of thc.Ze~ Board of Appeals on June~ 23, 1977 ~ considered an~e action in,ica%ed below was taken on your ( ) Re~.ue~ for ~eariance due to lack of access to property ( ) Request for a speoAal exceptlon under the Zoning Ordiuance (X) Request £or a variance te the Zonir~g Ordi~.ance ( ) Appellant the appeal 1. SPECIAL EXCEPTION. By resolu~on 6f the Board it was determined, that a special exception ( ) be granted ( ) be denied pursuant to ~%rticle .................... Se~ion .................... Subsection .................... paragraph .................... of the Zo~3~g Ordinance and the decision of the Building Inspector ( ) be reverse~ ( ) be co~firrned because 9:27 P~M, (E.D.S.T.) upon ~pp!ication of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel B, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of appl&cant; south by Bungalow Lane Extension. 2, VARIANCE. By resolution of the Board it %vas determined that (a) Strict application e£ £he Ordinance (would) (would not) produce hardship because prac~cal difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties alike in the iramediate vicinity of t[~s property and in the same use district because SEE REVERSE (C) The variance (does) (does not) observe the sp~rlt of the Ordinance and (would) chan~e the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance £hal the previous decisions of the Ruilding Inspector ( ) be confirmed ( SEE REVERSE ) be granted be reversed. ) be den~ed and FORI~I ZB4 ZONING BOA-RD OF APPE~J.~ After investigation and inspection~ the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access~ Parcel Be map of property of J. Parker Wickham. The findings of the Board are t~at the Board is in agreement with the reasoning of the appiicant~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship created, is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not chance the character of the neighborhood~ and will observe the seirit of the Ordinance~ THEREFORE IT WAS RESOLVED~ J. Parker Wickham; Airway Drive~ Mattituck~ New York be GRANTED permission to set off existing building on undersized lot and approval cf access~ Parcel B~ map of property of J0 Parker Wickham~ end of Bungalow Lane tension, Mattituck, New York~ as applied for° Vote of the Board: Ayes: - Messrs~ Giltispie~ Bergen~ Huise, Grigonis. Legal Notice -3- Hearings: June 23, 1977 Lots 29, 29A, 30, 30A, Bayside Terrace, south side Summit Road and north side Bay View Road, Southold, New York, bounded on the north by Summit Road; east by now or formerly C. Vitale; south by Bay View Road; west by Dickinson and others. 9:05 P.M. (E.D.S.T.) upon application of J. Parker Wickham, Airway Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Town Law, Section 280A for permission to set off existing building on undersized lot and approval of access. Location of property: Parcel A, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Bungalow Lane Extension; west by R. C. Kopf. 9:12 P.M. (E.D.S.T.) upon application of J. Parker Wickham existing for a variance to set off/building on undersized lot and approval of access. Location of property: Parcel B, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Bungalow Lane Extension. 9:19 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel C, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Peconic Bay; west by Carey. 9:26 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel D, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Peconic Bay. Legal Notice -4- Hearings: June 23, 1977 9:33 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel ~, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Peconic Bay. 9:40 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel F, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; south by Peconic Bay. 9:47 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel G, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by Penny; south by Peconic Bay; west by other land of applicant. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: June 10, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 16, 1977, AND FORWARD FIFTEEN (15) AFFIDAVITS DF PUBLICATION TO THE SOUTHOLD TO~ BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on June 10, 1977: James,E. Cross R. Terry, Esq. a/c Westerlund Zan Zobel Harry C. Hennessy Abigail Wickham, Esq. a/c E. Taylor Elizabeth Yaro Gary Olsen, Esq. a/c G. Michaels J. Parker Wickham and J. Zaveski LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hull, Main Road, Southold, New York on Thursday, Jane 23, 1977, on the foilewing appeals: 7:30 P.M. (E.D.S.T.) upon application of james E. Cro~, Main Road, Cutchngue, New York for a variance in ac- cordanea with the Town Law, Section 280A for approvul of access. Location of property: Right-of-way, north side Main Road, Cutchogue, New York, bounded on the north by M. Surer; east and south by other land of applicant; west by W Adel, Jr. 7:40 P.M. (E.D.S.T.~ upon application of Adolph Westorland, Main Road, Pecoaic, New York for a variance in ac- cordance with the Zoning Or- dinanea, Article III, Section 100- 30 and Bulk Schedule for per- mission to m-align lot line. Location of property: South side Main Road, Peeoaic, New York, beonded on the north by Main Road (Route 25); cast by Brush; south and west by Cummins. 7:50 P.M. (E.D.S.T.) uoon aP_?lication of Zan Zobel, 21625 Soundview Avenue, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 & I00-i45 for permission to construct accessory building in side yard area. Location of property: North side Soandview Avenue, Scuthold, New York, bounded on the north by Long Island Soand; east by J. Lenin; south by Sound View Avenue; west by now or formerly Mac- Donald. 8:00 P.M. (E.D.S.T.) upon application of Harry C. Hen- nessy, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient sidc-yard setback. Location of property: East side Minnebaha Bodievard, Southold, New York, bounded on the north by now or formerly Giuiivi; east by now or formerly Sheridan; seath by now or for- merly Morrissey; west by Min~ nebaba Boulevard. 8:10 P.M. (E.D.S.T.) upon applicatiea of ESther R. Taylor, Strohson Road, Cutchngue, New York (Abigail Wickham, Esq.) for a variance in aecordanea with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Little Neck Road and Strohson Road, Cut- ch~gue, New York, bounded on the north by Browning; east by Stepneski; south by Strohson Road; west by L/ttie Neck Read and Comer. 6:25 P.M. (E.D.S.T.) upon application of John G. Zaveski, South Harbor Road, Southold, New York (Abigail Wickham, Esq.) for a variance in ac- cordance with the Town Law, Section 2~0A for approval of access. Location of property: Right-of-way, east side Depot Lane, Cutchogue, New York, bounded on the north by Long Island Railroad; cast by Sacred Heart Church; south by F.~ Kaelin; west by Depot Lane. 6:35 P.M. (E.D.S.T.) Recessed hearing upon application of Elizabeth Yarn, P.O. Box' 1221, Minnebaba Boulevard, Southold, New York for a variance in ac- cordm with the Zoning Or- dinant% Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide property w/th insufficient width and area. Location of property: Minnebaha Boulevard, Southcid, New York, beanded on the north by Min- nehaha Boulevard; east by LaughingWater Property Owners Association; south by Corey Creek; west by Moyle. 8:50 P.M. (E.D.S.T.) upon applination of Gilbert Michaels, Main Bayview Read, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the nap of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by Penny; south by Peconic Bay; west by other land of applicant. Any person desirin~ to heard on the above appeals should appear at the time' and place and above specified. Dated: Jane I0, 1977 1TJ16-~'2740 BYORDEROF being duly Sworn, THE SOUTHOLD .... TOWNBOARD lisher of the SUFFOLK OF APPEALS ed ~r~ Greenport, in said Zoain~ Ordinance, Article III, nd thr~t the notice, o! which the annexed is a printed Section 100-30 and Bulk Scheddie and the Town Law, Section 2~0A i been published in the said Suffolk Weekly Times for permission to set off existing dwellings on separate tots and approval of acess to vacant lot. Location of Property: Lots 29, 29A, 30, 30A, Bayside Terrace, south side of SUmmit Road and north side Bay View Road, Southold, New York, bounded on the north by Summit Road; east by now or formarly C. Vitale; south by Bay View Road; west by Dickinson and others. 9:05 P.M. (E.D.S.T.) upon application of J. Parker Wickham, Airway Drive, Mat- tituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Town Law, Section 280A for permission to set off existing bulldin~ on Undersized lot and approval of access. Location of property: Parcel A, map of Property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Bungulow Lane Ex- tension; west by R.C. Kopf. 9:12 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel B, map of Property of j. Parker Wickham, boanded on the north by Deep Hole Creek; cast and west by other land of a~t; south by Bangulow Lane Ex- tension. 9:19 P.M. (E.D.S.T.) upon application of J. Parker Wickbam for a variance to set off existing building on andersized lot and approvul of access. Location of property: Parcel C. map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Peconic Bay; west by Carey. 9:26 P:M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel D, map of property of J. Parker Wickham, boanded on. the north by Deep Hole Creek; east and west by Other land of applicant; south by Peconic Bay. 9:33 P.M. (E.D.S.T.) upon applicatio,- of J. Parke- Wickham t variance tn set ~ existing building on andersizon lot and approvul of access. Location of Property: Parcel E, map of pro0orty of J. Parker Wickham, · ~ded on the nol by Deep h~.~ Creek; east al._ we~t by other land of applicant; south by Pecoaic Bay. 9:40 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approvul of access. Location of property: Parcel F, map of Property of J. Parker Wickbam, bounded on the north by Deep Role Creek; senth by Peceaic Bay. 9:47 P.M. (E.D.S.T.) upon application of J. Parker Wickbam for a variance to set off existing building on undersized 19t and approval of access. Location of Property: Parcel G, ,ach week, for one (l.) weeks ,ely commencing on the . .s~.x.~..e.e.r!..t.h. ............. ,h!ne 1A 77 ............... ~ be~re me this ..../.~ .... / ........ .......... .......... .... NOTARY pUBLiC, D:-:e cn~ No. ~-6~s_ Location of property: Lots 29, 29A, 30, 30A, Bayside Terrace, south side Summit Road and north side Bay View Road, South- old, New York, bounded on the north by Summit Road; east by now or formerly C. Vitale; south by Bay View Road; west by Dickinson and others. 9:05 P.M. (E.D.S.T.) upon application of J. Parker Wickham, Airway Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-30 and Bulk Schedule and Town Law, Section 280A for permission to set off existing building on undersized lot and approval of access. Loca- tion of property: Parcel A, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, bounded on the north by Deep Hole Creek; east by other land of applicant; s~)~ Bungalow Lane Exten- sor.. _wl~t by R. C. Kopf. ~/9.t12 r.M. (E.D.S.T.) upon O~licat~n of J. Parker Wickham fo ,'9~'fiance to set off existing building on undersized lot and approval of access. Location of property: Parcel B, map of pro- party of 3. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Bungalow Lane Extension. 9:19 P.M. (E.D.S.T.) upon application of 3. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel C, map of pro- perty of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Peconic Bay; west by Carey. 9:26 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel D, map of pro- party of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Peconic Bay. 9:33 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel E, map of pro- perty of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Peconic Bay. 9:40 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel F, map of pro- perty of J. Parker Wickham, bounded on the north by Deep Hole Creek; south by Peconic Bay. 9:47 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: ParceI G, map of pro- pqrty of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by Penny; south by Peconic Bay; west by other land of applicant. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: June 10, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is an Editcr, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper prin~ed 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-Watch_ man once each week for ..................................... weeks ~uccess,ve!y, commencing on the day of . ~ ........................ 9.../4.. Sworn to before me this ~ //q /~ ~ day or ETHEL PAlLADINa NOTARy PUBL C, Stale of New Yom No. 52-4628953 Qualified in Suffolk County Cornmissicn Expires March ;30. 1978 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ...................................., 19 ....... ...... PLEASE TA~K.E N~T,L~E t~ your application dated ................ ~ .............. ~ 19 ........ for permit to~~...j....~.~the premises ~c~ed at ...~....~J..~.~r ..... ~.~':~.~ ....... ~..~.: .............................. Street Map .................................... Block ............................................ Lot ...................... A ......... / .......... is r~ disapproved on the following grounds Building Inspector OF $OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR /xp// £ C E Z APPEAL NO. ~.?~ ~7 DATE .....J un e... g .~....1.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (¥¥~ '""J';'"?l)li"k'"~"';~/'"1:og:ll~;,Name or /~ppenanr ..................... of ..... A:2.l~w~t.yg~r~.e~f.~.~{..~{.~l~j.~ .......................... ........ h!~t..t,l.t, ue. Wv...~;ew...$o~k ....................................... New...Y.e~,k-... .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL[~ING HNSPECTOR ON APPL CAT ON FOR PERM T NO ..................................... DATED .............................................. .~.~ .l ,.~. [/.~..~. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X)X Permit to set off lot with existinF, dwelling LOCATION OF THE PROPERTY .......... :Lun~,a.l,o~..it~n~ ............ .".A."....D;L.,~t~J.o.t .................. Street Use District on Zoning Map /v~op No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) requested for the reason that Posen ZB~ (Continue on other side) REAS6N FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIPbecouse the dwelling erected has been utilized as a separate single family dwelling for more than 50 years on the premises as indieated on the survey of Roderiok Van Tuyl, P.C., dated May 21, 1976, a copy of which is annexed hereto and made a part hereof. 2. The hordshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because surrounding premises are improved with single family dwellings. The subject premises was owned by Cedric H. Wickham at the time of his death. Settlement of his estate requires conveyance of the subject premises and others to individual lot owners. No improvement or new construction is requested or proposed in connection with this application. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no new eonstruction is proposed. The request is to fix boundary line of subject premises. STATE OF NEW YORK ) COUNTY O ) SS / / Signature ~(J. Parker Wlekham) Sworn to this ............................... 9.th ........ day of ......................................... ~l.[lf~ ...... 19 Notary Public ~J VERONICA C. TABORSKY NOTARY pU:BLI'C, S~a~e o? New york Suf~ lk Co,My -,No. B2-45{9999 Cornmls~i~r~ Explr~, ~arch 30, 197~ 77 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-180I To: From Re: to: June 9, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Applications of J. Parker Wickham for variances - Appeal No.s 2296 - 2302 I have on file in my office notification by certified mail R.C. Kopf, 24 Vista Drive, Great Neck, N.Y. F.A. Ross, N.Y. Life Ins. Co., 51 Madison Ave., New York, Mr. G.L. Penny, New Suffolk Ave., Mattituck, N.Y. Mr. Joseph Jo Carey, 2100 N.E. 38th St., Lighthouse Pte., NoYo Fla. 33064 JTT/bn cc:file ~dith T. Terry Town Clerk Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Hemorial Highway Hauppauge, ~ew Y~rk 11787 Town of SouthOld Board of Appeals June 29, 1977 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File. Number James E. Cross Adolph G. Westerlund Zan Zobel Esther R. Taylor J. Parker Wickham 2290 2291 2292 2295 2296 2297 2298 2299 2300 2301 2302 Very truly yours, Lee E. Koppelman Director of Planning by. TOWN OF SOUTHOLD (16 DR. MATCH FOR PARCE_ NO. SEE SEC. NO [3~I