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HomeMy WebLinkAbout2300 TOWN OF SOU~HO~D, NEW ]FOI~]K ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 23~0 Da~ed JUne 9~ 1977 ACTION OF TIlE ZONING BOARD OF APPEALS OF T!TE TOI~AI OF SOUTHOLD Airway Drive M~t~ituck,,~.Ny' ~11~9,52 ~une. 23, 1,97 DATE Appellant at a rneeting of %he Zoning Boazd, of Appeals om - ~Pdne -23, ~:197'7 xvas considered ~d ~ action ~di~ted b~ow was %~ on yo~ ( ) R~ue~ for ?~l~ce due ~ lack of a~e~ ~o p~p~ty ( ) Request for ~ ~e~ exception ~d~ the ~ing Ord~nce ~ ) Req~ for a v~i~ lo ~he Zon~ Ordnance ( ) the appeal 1. SPECIAL EXCEic~ION. By resolniien of the Board it %vas determined that a special exception ( ) be granted ( ) be denied pursuant go A~tlcle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the ~ecS~k~ ofn the Building Inspector ( ) be reversed ( ) be colufirmed beea%lse 9:33 P.M, (E.D.S.T.)- upon application of J. Parker Wickha~ for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel E, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by ocher land of applicant; south by Peconic Bay. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The h~rdship created (is) (is not) unique and (would) (would not) be shared by all properlies alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (~vould not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ZONING BOA!qB OF APPEALS 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 E~ map of property of Jo Parker Wickhamo The findings of the Board are that the Board is in agreement with the reasoning cf the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ th~ hardship created is unique and would not ben,shared by al! properties alike in the immediate vicinity of this property and in the same use district; and the variance wi!! not change the character of the neighborhood~ and will observe the spirit of the Ordinancel THEREFORE IT WAS RESOLVED, Jo Parker Wickham~ Airway Drive~ Mattituck, New York, be GP~TED permission to set off existing building on undersized lot and approval of access~ Parcel E~ map of property of J. Parker Wickh~ end of Bungalow Lane Extension~ Matti~uck~ New York, as applied for° Vote of the Board: Ayes: Grigonis. ., ~ - Messrs: Gitlispie~ Bergen~ Hulse, 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 W~ckham 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 OF PUBLICATION TO THE SOUTHOLD TOWN 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 and J. Elizabeth Yaro Gary Olsen, Esq. a/c G. Michaels J. Parker Wickham Zaveski ,~ UI~ V'E YE D TOWN OF $OUTHOLD 35 DR. \ ~. 17_01E~,~ ooz SEE SEC NO 134 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 Southnld, New York, public hearings will be held by the Zoning Beard of Appeals at the Town Hall, Main Read, Seuthald, New York on Thursday, June 23, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of James E. Cross, Main Road, Cutchngue, New York for a variance in ac- cordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, north side Main Read, Cutchngue, New York, bounded on the north by M. Sutar; east and south by other land of applicant; west by Adel, Jr. 7:40 P.M. (E.D.S.T.) upon application of Adolph G. Westerlund, Main Road, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to re-align lot line. Location of property: South side Main Bead, Peconic, New York, bounded on the north by Main Read (Route 25); east by Brush; south and west by Cummins. 7:50 P.M. (E.D.S.T.) uoon application 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 & 100-145 for permission to construct accessory building in side yard ~rea. Location of property: North side Seandview Avenue, Southold, New York, bounded on the north by Long Island Sound; east by J. Levin; 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, Sunthold, 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 side-yard setback. Location of property: East side Minaehaha Boulevard, Southold, New York, bounded on the north by now or formerly Giulivi; east by now or formerly Sheridan; south by now or for- merly Morrissey; west by Min- nehaha Boulevard. 8:10 P.M. (E.D.S.T.) upon application of Esther R. Taylor, Strohson Road, Cutchogue, New York (Abigail Wickham, Esq.) for a variance in accordance 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 Read and Strohson Read, Cut- chngue, New York, bounded on the north by Browning; east by Stepneski; south by Strohson Road; west by Little Neck Road and Comer. 8:25 P.M. (E.D.S.T.) upon application of John G. Zaveski, South Harbor Read, Seuthold, New York (Abigail Winkham, Esq.) for a variance in ac- cordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, east side Depot Lane, Cutchngue, New York, bounded on the north by Long Island Railroad; east by Sacred Heart Church; south by Kaelin; west by Depot Lane. 8:35 P.M. (E.D.S.T.) Recessed hearing upon application of Elizabeth Yaro, P.O. Box 1221, Minnehaha Boulevard, Seuthold, New York for a variance in ac- cordance with the Zoning Or~ dinance, Article III, Section 100- 30 and Bulk Seheduie for per- mission to divide property with insufficient width and area. Location of property: Minnehaha Boulevard, Seuthold, New York, bounded 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 application of Gilbert Michaels, Main Bayview Road, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Seheduie and the Town Law, Section 2~0A for permission to set off existing dwellings on separate lots and approval of acess to vacant lot. Location of property: Lots 29, 29A, 30, 30A, Bayside Terrace, south side of Summit Read and north side Bay View Read, Southold, New York, bounded on the north by Summit Read; east by now or formerly C. Vitale; south by Bay View Read; 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 OrdlnnnCe, Art/cie 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 Ex- tension; west by H.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, bounded on the north by Deep Hole Creek; east and west by other land of applicant; south by Bungalow Lane Ex- tension. 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 Pecouic 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 property of J. Parker. Wickham, bounded on the north by Deep Hole Creek; east and,_ we~t by other land of applicant; south by Pecouic 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 in set off existing building on undersized lo.t and approval of access. Location of oroperty: 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 h~ heard on the above ap. peais should appear at the time and place and above specified. Dated: June 10, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD ..... being duly Sworn. blisher of the SUFFOLK bed at Greenport, in said OF APPEALS 1TJ16~2740/)~,~ the annexed is a printed ~n ~g~b~ald Suffolk Weekly Times ~ch week, far one (1) weeks Iy c~mmencing on the ....~./..x.t.e.e..~.t:.h. ........... .~ Ju~e ,a 77 .... ....... _ .............................. /. ....... .... ...... .... tion of property: Parcel A, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Matt;tuck, New York, bounded on the north by Deep Hole Creek; east by other land of applicant; the south by Bungalow Lane Exten- ; of sion; west by R. C. Kopf. :di- 9:12 P.M. (E.D.S.T.) upon ~ld, application of J. Parker Wickham be for a variance to set off existing of building on undersized lot and bin approval of access. Location of on property: Parcel B, map of pro- he perry of J. Parker Wickham, bounded on the north by Deep on Hole Creek; east and west by ;s, other land of applicant; south by !w Bungalow Lane Extension. ce 9:19 P.M. (E.D.S.T.) upon ~A application of J. Parker Wickham bf for a variance to set off existing ~h building on undersized lot and [w approval of access. Location of II. property: Parcel C, map of pro- I~r perty of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Peconlc 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 ,1 property: Parcel D, map of pro- perty of J. Parker Wickham, bounded on the north by Deep i Hole Creek; east and west by 1 oth~_~n..d of applicant; south by II P~tm~xp ay · _ I~n of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of :9 property: Parcel E, map of pro- petty of J. Parker Wickham, I$ bounded on the north by Deep g Hole Creek; east and west by g other land of applicant; south by II Peconic Bay. gl 9:40 P.M. {E.D.S.T.) upon II application of J. Parker Wickham II for a variance to set off existing building on undersized lot and 0I approval of access. Location of $ property: Parcel F, map of pro- perty of J. Parker Wickham, S bounded on the north by Deep Hole Creek; south by Peconic Bay. 9:47 P.M. (E.D.S.T:) up?~ 106[[ ~[JOX ~oN 'peoq~o^!}t '4°I°°D £lunoD >llojjns le poleao1 o~jo sl[ le so~[^Ja$ qlleaH jo luamlJ~dall Xluno~) ~tlo~jn$ ql!~ uo!le*!ldde l.maod ~ PallI seq plus aopun si[reded jo oau~nss! I oql put~ jo uolll~jls!u.mpl~ otll COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK j Sherley Kotz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at 5outho!d, 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 successively, commencing on the ....: ................................... Sworn to before me this / '/ da,,, ar ................................... 19 ..... ................. I Notar~ Pubhc ETHEL PALtADINO NOTARY ~'UBLIC, State of New ¥or~ No 52-4628953 Quch!icd in Suffolk Count)t Commis*ion Expires March 30, 1978 OTOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, DATE June 9, 1977 TO THeE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ...................... .,.M.~.t.t..[.t.~.c.~ ....................................................... ,,N.e..w....~..o..T..k' ........ HEREBY APPEAL TO Municipality State WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to set off lot with existing dwelling 1. -LOCATION OF THE PROPERTY .B...mT..~.a,~..o..v. Lane. "A" District Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III S~ction 100-30 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 / 4. PREVIOUS APPEAL A previous appeal (/bds) (has not) been made with respect to this decision of the Building Inspector or with respect to tl~is 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 ) ,s requested for the reason that Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF: THE ORDINANCE would produce practical difficulties or unneces- sary ~A~RDSHIP because the dwelling erected Ix~s been utilized as a seps. rate sln~le family dwellinj for ~ore th~n 50 years on the premises ~s indicated o~ the survey of RoderickVan Tuyl, P.C.~ d%ted ~ay 21~ 1976, a copy of.w~chis annexed hereto and made a part 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because surro?]mding premises are ia)raved ,~ith!single family dwellings. The subject premises yeas o,~ned by Gedrtc H. Wickham at the time of his death. Settlement of his estate requires conveyance of the subject premises ~nd others to individual lot owners. No improvement or new construction is r,aqu~sted or proposed in connection with this ~pplicaf/on. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because no new construction is ?roposed. The request is to fix boundary llne of subject L~remises. THE STATE OF NE~w YORK ) (J. Parker Wickham) Sworn to this ......................... .9.th ............... day of ................ June ................................ 19 Notary Public VERONICA C. TAGORSKY NOTA'RY 'pU!SLIC, S~te of New York Su~FoIk Co~ ,fy - ,No. 52-4519999 77 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ,.~..~:~...~.~ ........ .~:~.: ...... S,~e~, ~ ~' Mop ........ ~::: .............. Block ~' Lot ~:~..f~.: ............. ~....~ .......................................................................................................... · Building Inspector Suffolk Co~mty Department of Planning H. Lee Dennison Executive Office Building Veterans Hemorial Highway Hauppauge, Ne~Ysrkl1787 Town of South01d Board~of Appeals June 29, 1977 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Co,mty ~harter, the following applications which have been referred to the S~(folk County planning Commission are conside;ed 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 Hunicipal File. Number James E. Cross 2290 Adolph O. Westerlund 2291 Zan Zobel . 2292 . Esther R. Taylor 2295 J. Parker wickham 2296 ,, ' " 2297 " " " 2298 " " " 2299 " ' " : 2300 " ' " 2301 " " " 2302 Very truly yours, Lee E. Koppelman Director of Planning GGN: fp JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS QK Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 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, N.Y. Mr. G.L. Penny, New Suffolk Ave., Mattituck, N.Y. Mr. Joseph J. Carey, 2100 N.E. 38th St., Lighthouse Pte., Fla. 33064 Town Clerk JTT/bn cc:file