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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