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HomeMy WebLinkAbout2302? TO~N OF SOUTHOLD, NEW ACTION OF THE ZO1Vk~G BOA]%D OF ~PPEALS Appeal No. 2302 Dated ~Une 9, 1977 ~%CTION OF THE ZONING BOA~RD OF APPEALS OF THE TO~N OF SO~ITHOLD To J.. parker. Wickham, Airway Drive ~ . Ma. ~Ltuck?;~ NM~ DATE..~...~.~, 1977 Appellant al a meeting of the Zoning Board of Appeals on JUDe 2 3, was considered and the action Dadicated below was taken on your ( ) l~equest for varL~ace due lo lack of access to property ( ) l%equest for a specie/ exception under the Zoning Ordinance tX) Request for a variance to ~he Zoniug Ordinance ( ) 19 ~7:7 the appeal 1. SPECIAL EXCEPTIOn. By reselution ~ the Board ~ was determined ~a~ a spe~ exception ( ) be ~anted ( ) be de~ed pursumn~ to 3krticle .................... Section .................... Subse~ion .................... para.apb .................... of the Zoning Ordi~e and the dec.ion of the Build~g Inspector ( ) be reversed ( ) be co~medb~ause 9:37 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. 2. VARIANCE. By resolution of the Board it ~vas determined tha~ (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) uztique and (would) (would not) be shared by all properties 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 Or~Luance and (would) change the character of the distr~ct because SEE REVERSE (would not) and therefore, it was further deterrniued that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Bu~dL~g Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORbI ZB4 ZONING BOAiOJD OF APPEALS After investigation and inspection~ the Board finds that the applicant requests permission to seb off existing building on undersized lot and approval of access~ Parcel G~ map of prop- erty 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 would not be shared by all properties alike in the immediate vicinity of this property and in the sam~ use district; and the variance will not chang~ the character of the neighborhood~ and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED~ Jo Parker Wickh~m~ Airway Drive~ Mattituck~ New York~ be GRANTED permission to set off existing building on undersized lot and approval of access, Parcel G~ map of property.of J. Parker Wickham~ end of Bungalow Lane Extension~ Mattituck~ New York, as applied for. Vote of the Board: Ayes: - Messrs= Giilispie~ 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.) for a variance to set off upon application of J. Parker Wickham 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 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 ' rT~'-q TOWN OF $OUTHOLD 42.SA(cJ ~ FOR PARCEL NO. ~FOR PARCE_ DR, ' ': r7-me,g ~z 5 SEE S£C. 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 Southold, New York, public hearings will be held by the Zoning Board of Appeals at the T°Wn Hall, Main Road, Seuthold, New York on Thm-sday, June 23, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of James E. Croas~ Main Road, Cutchogne, Now York for a variance in ac- cordance with the ToWn Low, Section 2a0A for approval 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 lind of applicant; west by W. Adel, Jr. 7:40 P.M. (E.D.S.T.) upon application of Adolph G. Westerlund, Main Road, Peconic, Now 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 Road, Peconic, New York, bounded on the north by Main Read (Route 25); east by Brush; so~th and west by Cummins. 7:50 P.M. (E.D.S~T.) upon application of Zan Zobel, 21625 S~undview 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 area. Location of property: North side Soundviow 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. 0:00 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 ~ Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of property: East side Miunehaha Bonievard, 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, Strohaon Road, Cutch~ue, 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 Road and Struhsan Road, Cut- cho~ue, Now York, bounded on the north by Browning; east by Stepnnski; south by Struhson 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, New York (Abigail Wickham, 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, Minnehaha Boulevard, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: MAnnehaha Boulevard, Southeld, 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.$.T.) upon application of Gilbert Michaels, Main Bayview Road, Seuthold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and the ToWn Law, Section 280A 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 Road and north side Bay View Road, Seuthold, Now York, bounded on the north by Summit Read; east by noW or formerly C. Vitale; south by Bay Viow Road; west by Dickinson and others. 9:05 P.M. (E.D.$.T.) upon application of J. Parker Wickham, Airway Drive, Mat- tituck, Now York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Town Law, Section 280A for penniesinn 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 lind 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 proper~y: 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 Wickhnm, 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. 9:33 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to sot 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 lind of applicant; south by Peceaic 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 1.ot 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 b~ heard on the above a.p. peals should appear at the time and place and above specified. Dated: June 10, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ ...... ]]~ing duly Sworn, 1TJ16--2740 ~blisher of the SUFFOLK ~ · 'rIMES, a newspaper published at Greenport. in said and that the notice, of which the annexed is u printed ~s been published in the said Suffolk Weekly Times each week, for one (1) ........................... weeks rely commencing on the sixteenth ..... ~ June 19 77 ,/ 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. 9:12 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 pro- periy 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 vari'ance 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- 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 k; south by Peconic ~ c~[~7 .1~.~. (E.D.S.T.) upon '$ ~ance to set off existing ~,,~rg. on_ undersized lot and approval of access. Location of property: Parcel G, .map of pro- pqrty of J. Parker Wiekham, hounded 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 1T-6/16 COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK t Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ond 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 / ~ucce',sive~(, commencing on the ../.~ .............................. ~oy ot ....~/f.(~.J..~. ...................... 19...L./. ~:~vorn to before me this ..... / .................day ay ..... /~..fC~..X ....................19..~.~. .............. ............................... ETHEL PALLADINO NOTARY PUBLIC, Stole of New York N~. 52-4628953 FOR.~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ..~;?r::..~'. ....... ~ ................. , 19.~.~ ~o~ ~m,, to ~..~.....7......~...Z...~, ,~ p~m,s~s ,oc~,~, ~, ...~..~.....,....~~ ........................ L ............................................. Street Map ....,..~,, .................Block ~.z .............................Lot ..... ~ .............................is .~., .......... =.. ~,, .i,~ro.~d o. ,he ,o,,ow,.~ ~o~ds ..~..~.~..~,~:;:,-- ~.~.......z....e.,,..~....~.:~,, ,-. ...... ~.~....~..~. ................................................. ~.~..z..~..:....~..~.....~.~..~.~.:~.~ ........... ~.~.~..~..~..~ ........ Building Inspector / (~t'OWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE June 9. 1977 1., (9~).~J.,...P.a~..k~r...~.imJ~ham ....................... of ................................. Ai~.~a~...Dr.i.v.e .............. Nome of Appellant Street and Number .......... .M..a...t..t...i.,t.,g.q.k. ........ ~ ..................................................... Ne..w....Y...o.~..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 (XX Permit to set off lot with existing dwelling 1. LQCATION OF THE PROPERTY Bungalow Lane "A" District Street Use District on Zoning Map .......................................................Mop 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.) Ar~ele !~ J~loa 100-~0 and Balk aohedale 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 is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the dwelling erected has been utilized as a separate single family dwelling f~r ~or~ than 50 yrears on th~ pr~n~s'~s ~s [n~ic~t~:! on th~ s'Lr',z~y o? i~oderick Van Tuyl, -.rP.c., dated May 21, 1976, a copy o~ which is annexed hereto and made a part hereof. 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 surrounding premises are improved with single ~amily dwellings. The subject premises was owned by Cedric ~'t. ':¥ickham at the ti:nc of his death. Scttle:ncnt of his estate .requires convey~nc ~. of the subject pr~iscs an] othors to individual lot owners. No improvement of new construction is requestecl or proposed in connection with t~ll.s applicntion. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~o new construction ~s proposed. T~e rectnest is to fix boundary line o~ subject premises. STATE OF NEW YORK ) .............................................. ~ June Sworn to this 9th day o ......................................................... 19 NOTAPY PU:~LI'C, S'~te o{ New York Su~elk r',-¢.~ '4'/ - No. 62-4519999 / ~ . j tur 77 JUDITH T. TERRY TOW~ CLERK t~EGISTRAR OF VITAL STATISTICS OK 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 Jo 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 Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans }~morial Highway Hauppauge, New YSrk 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 ior local determin- ation, i 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