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HomeMy WebLinkAbout2301 TOWN OF SOUTHOLD, NEW YORK DATE ..,~u...n_e_._2...3, 1977 ACTION OF THE ZOl~q~7(} BOA]SD OF APPEALS Append No. 230t~ Dated June -9, 19-7-7 ACTION OF THE ZONINC~ BOARD OF AJPPE~LS O~& 1~ TOWN OI~_SQUTHOLD ~i~way D~ive af~ mee%~g of %he Zon~ Bo~d of A~s on ~e. 23,, 1977 ~s co.idled and ~e action ~dica~d bel~- was t~ ~ yo~ ( ) Reque~ for v~ce~ due ~ la~ of access to prope~ ( ) Request for a spe~ ~cepiion ~der the Zonin~ Ordnance (X) Request for a varian~ to the Zo~ Or.anco Appellant the appeal ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be der~ed pursuant to ~krticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:35 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 Wickhara, bounded on the north by Deep Hole Creek; south by Peconic Bay; east and west by other land of applicant. 2. VARI_kNCE. By resolution of the Board it ~vas determined that (a) Strict applisation of the Ordinance (would) (would not) produce hardship because SEE REVERSE praclical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of th~s property and iu the same use district because SEE REVERSE (c) The variance (does) (does not) observe the sp~it of %he Ordinance and change the character of the district because (would) (would 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 BOARD OF APPEALS After investigation and inspection, the Board finds that the applicant requests permission to se~ off existing building on undersized lot and approval of access~ Parcel F~ map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and w~u!d not be shared by al! properties ktike in the i~ediate vicinity of this property and in the same use district~ and the variance will not change the character of the neighborhood~ and will observe the spirit 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 of access~ Parcel Fa map of property of J~ Parker Wickham~ end of Bungalow Lane Extension~[ Mattituck, New York~ as applied for. Vote of the Board: Ayes: - Messrs: Gi!lispie~ Bergen~ Hulse~ 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 E, 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 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 Elizabeth Yaro Gary Olsen, Esq. a/c G. Michaels J. Parker Wickham J. Zaveski W I C /.< I--/,,q M '55 TOWN OF SOUTHOLD 28 42.8AIC) ./ DR MATCH ,~.EE SEC NO J5- NO SEE !:~ J = SEE SEC. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town L~w 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 Hall, Main Road, Southold, Now York on Thursday, Jane 23, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon applicatiea of James E. Cress, Main Road, Cutchogue, New York for a variance in ac- cordance with the Town Law, Section 2~0A for approval of access. Location of property: Right-of-way, north side Main Road, Cutehague, New York, bounded on the north by M. Suter; east and south by other land of applicant; wnst by W. Adel, Jr. 7:40 P.M. (E.D.S.T.) upon application uf Adolph G. Westorlund, Main Road, Pecoalc, New York for a variance in ac- cordance with the ZOning Or- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mi~lic~ to re-align lot line. Location of property: South side Main Road, Peconic, New York, beunded on the north by Main Road (R~?to 25); east by Brush; south aha west by Cummins. 7:50 P.M. (E.D.S.T.) uoon ap_p_lication of Zan Zobel, 21625 Soundview Avenue, Southold, Now York for a variance in cordance with the Zoning Or- dieance, Article III, Section 32 & 100-145 for permission to construct accessory building in side yard area. Location of property: North side Seandview Avenue, Seuthold, New York, bounded on the north by Long Island Sound; east by J. Levni; 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, Southnid, 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 Minnehaha Boulevard, Souihnld, 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, Strohsan Read, Cutchogue, Now York (Abigail Wickhnm, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section lOO-so and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Little Neck Road and Strohsan Road, Cut- chogue, Now York, bounded on the north by Browning; east by Stopeeski; south by Strohsen Road; west by Little Neck Road and Comer. 8:25 P.M. (E.D.S.T.) upon application of John G. Zaveski, South Harbor Road, Seuthold, Now York (Abigail Wickhnm, 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, Cutchogue, New York, bounded on the north by Long Island Railroad; east by Sacred Heart Church; south by F.. Kaelin; west by Depot Lane. 8:35 P.M. (E.D.S.T.) Recessed hearing upon application of Elizabeth Yaro, P.O. Box 1221, Mianehaha Boulevard, Seuthold,. New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section i00- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: Mianehaha Boulevard, Southold, New York, bounded on the north by Min- nehaha Boulevard; east by LaughingWater Proper ty Owners Association; south by Corey Creek; west by Moyle. 8:50 P.M. (E.D.S.T.) upon application of Gilbert Michaels, Main Bayviow Road, Seuthold, New York (Gary O]sen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and the Town Law, Section 280A map of property of j. Parker Wickham, bounded on the north by Deep Hole Creek; east by Penny; south by Peeonic Bay; west by other land of applicant. Any person desiring to h~ heard on the above appeals should appear at the time-and place and above specified. . ..... being duly Sworn, Dated: June 10, 1977 BY ORDER OF iblisher of the SUFFOLK THE SOUTHOLD ~hed at Greenport, in said TOWN BOARD ITJ16-~2740 OF APPEALS i the annexed is a printed is been pumlsne~ m ,,,~ ,,uid Suffolk Weekb/ Times e,~ch week, for one (].) weeks v~ly commencing on the ....s.~..x.~?.e..n.~.h. ........... for permission to set off existing dwenings on separate lots and ..... ~.~i~ .~.':-~%~-~.. 1977. Location of property: Lots 29, ;.'~.7~ ............. 29A, 30, 30A, Bayside Terrace, south side of SUmmit Road and north side Bay Viow Road, Southuld, Now York, bounded on the necth by Summit Road; east by now or formerly C. V/tale; south by Bay View Road; west by DickinsOn and others. 9:05 P.M. (E.D.S.T.) upon application of J. Parker Wickhnm, Airway Drive, Mat- tituck, Now York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule and Town Law, Section 2~0A 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, Now York, boanded on the north by Deep Hole Creek; east by other ]and of applicant; south by Bungalow 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, 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, boanded 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 tot and approval of access. Location of property: Parcel D, map of Property of J. Parker Wiekham, 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 application of J. Parker Wickham for a variance to set off existing building on andersized tot 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 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 andersized 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 10t and approval of access. Location of Oroperty: Parcel G, Mattituck, New York, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Bungalow Lane Exten- sion; west by R. C. Kopf. 9:~2 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 pro- perty 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 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- 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. 9:33 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- perry of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by ~f applicant; south by ~77~;'~7~. (E.D.S.T)upon ~hca~" ~n of J. Parker ~Vickham ~ 4~riance to set off existing b/iitding on undersized lot and approvat o'{' 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: Parcel G, map of pro- p~rty 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 pla~e above specified. Dated: June 10, 1977 ~' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-6/16 COUNTY OF SUFFOLK ( ss: STATE OF NEW YORK I Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper 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-Watch- man once each week for .......... ./ ........................... weeks successively, commencing on the ../.'..¢~.' .................... day of ...................... , 19.../..~. ~(orn to before me this ...... V. ............. day or .... · .................. I~THEL PALLADINO PUBLIC, State of New Yo~ No. 52-4628953 FOF, DZ ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ...................... ~..~~~ ............... : ~ ~ ~ ~^$~ ~.~!~,~o~ ~o~,o~l~o~o~ do~ ..=,. ...... ~.....~ ................ , ~ ........ Map .................................... Block ............................................ Lot .............................. ~].....~,~... is f.~, ~/Y ~ .,,'. J/~" /~- K~, ............................................................ Building Inspector~ OTOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ,,~7~,~dD/ DATE......J..u..n...e....?..,.....1..9...7 ? 1, (V~ ..J.....P.a~kar....Ni,ckham. ...................... of ...,A.ir.,wa.y...D~.i.v.e ........................................... Name of Appellant Street and Number ........ .M..a...t..t...i..t...u..q.k..,.....N..e...w....Y...o..r...k. ...................................... .New....Y...o..r...k. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILI~ING INSPECTOR ON L FOR PERM T NO DATED !~ APPLICATION WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ( ) Street and Number Municipality State PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XX Permit to set off lot with existing dwelling 1. LOCATION OF THE PROPERTY Bungalow Lane "A" District Street Use District on Zoning Mop /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.) Al' do In 1OO03O Bulk J 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 (h/s) (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 ...................................................................... ) X) ) REASON FOR. APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that ~'oz~n ZB] (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because the dwelling erected has been utilized as a separate single family dwelling for more than 50 years on the premises as indicated on the survey of Roderick Van Tuyl, P.C., dated May 21, 1976, a copy of which is annexed hereto and made a part hereof. 2. The hardshipcreatedis 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 C.ed~C 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 construction is proposed. The request is to fix boundary line of subject premises. STATEOF NE~(VYORK ) COUNTY 0~~ ss Signature Sworn to this ...9,.t,.~ ..................................... day of .............. ~g.g~ ................................. 19 Notary PubTic VERONICA ¢. TA~;O~SKY NOTA:RY ~PUBLI~C, Stale at New York Suffolk (';eu~ty - ,N o. 62-4519999 Gornrnissi~>~ ~:xplr~, March*30, 77 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OK Southold, L. I., N. Y. 1 1971 TELEPHONE (5!6) 765-1801 June 9, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Applications of J. Parker Wickham for variances - Appeal No.s 2296 - 2302 to: 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/]on cc:file Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New YSrk.l1787 Town of South01d Board of Appeals June 29, 1977 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the followtn§ 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 2290 Adolph G. 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