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Home My WebLink About2262 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOAED OF APPEALS Appeal No. 226~. Dated April 4, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert Adipietro Peconic Lane Peconic ~ NY 11958 DATE .. 2~.p..r_ _i. !.. _ .? 1, 1977 AppeBant at a meeting of the Zoning Board of Appeals on April 21, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance te the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Bo~d it was d~ermined ~at a special exception ( ) be ~a~ed ( ) ~ de.ed pursuant to ~t~Ie .................... Sect~n .................... Subsection .................... para~aph .................... of the Zoning Ordnance and ~e decision of the Building I~pector ( ) be reversed ( ) be co~irmed because 9:20 P.M. (E.S.T.) upon application of Robert Adipietro, Peconic Lane, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on lot with insufficient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by Lots %2 and 4, "East Hill" Subdivision. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique 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 R~VERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE R~VERSE FORM ZB4 ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to set off dwelling on lot with in- sufficient width and area, Indian Neck Lane and Leslie Road, Peconic, New York. The findings of the Board are that the Board is in agree- ment 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 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, Robert Adipietro, Peconic Lane, Peconic, New York be GRANTED permission to set off dwelling on lot with insufficient width and ~ea, Indian Neck Lane and Leslie Road, Peconic, New York, as applied for. The division line shall be as determined on the survey by Van Tuyl dated March 23, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Griognis. iIECEIVED AND FILED BY er~, Town o~ Southold 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 Southo!d, New York, public hearings will be held by the Zoning Board of Appeals a~ the Town Office, Main Road, Sou%hold, New York on Thursday, April 21, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Decision upon application of Nicholas W. Ippolito for a variance 5o divide property with existing buildings, south side North Road (CR27), Southold, New York. 7:50 P.M. (E.S.T.) Resumed hearing upon application of Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Avenue, Southold, New York, boundsd on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by George Ahlers & others. 8:30 P.M. (E.S.T.) upon application of Walter F. and Flora S. Luce, 505 Skunk Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article XI, Section 100~118 E for permission to enlarge an existing, non-conforming building. Location of property: South side Main Road (Route 25 Cutchogue, New York, bounded on the north by Route 25; east by V. Cierach; south by North Fork Bank & Trust Co.; west by North Fork Bank & Trust Co. 8:40 P.M. (E.S.T.) upon application of Ellis and Helen Hyers, 308 Forsythe Avenue, North Linderhurst, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide prop~ erty with insufficient width and area. Location of property: South side Oak Drive, Cutchogue, New York, bounded on the north by Oak Drive; east by R. Langemyr; south by Thomsen and Belz; West by R. Slav£n. Legal Notice -2- Hearings: April 21, 1977 8:50 P.M. (E.S.T.) upon application of Robert Adipietro, Pe~onic Lane, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on lot with insuffi- cient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by. Lots 92 and 4 "East Hill"Subdivision. 9:00 P.M. (E.S.T.) upon application of Rhoda Weston, 76 Bogart Avenue, Port Washington, New York for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setback. Location of property: West side Snug Harbor Road, Greenport, New York; Lot ~55, Section III, Cleaves Point Subdivision. 9:10 P.M. (E.S.T.) upon application of Theodore Andruski, Walnut Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct accessory building in front yard area. Location of property: West side Walnut Avenue, Mattituck, New York, bounded on the north by Deniz and Helf; east by Walnut Avenue; south by W. Corwin; west by Corwin, Yarusso, & Courts. 9:20 P.M. (E.S.T.) upon application of Carol and John Plock, Jr., 10003 No. Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maxi- mum height. Location of property: Right-of-way, north side North Bayview Road, Southold, New York, bounded on the north and eas~ by Kerester & others; south by J. Plock; west by right-of-way. 9:30 P.M. Track Avenue, (E.S.T.) upon application of Spencer W. Petty, II Cutchogue, New York for a variance in accordance Legal Notice -3- Hearings: April 21, 1977 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: West side Track Avenue, Cutchogue, New York, bounded on the north by K. Gagen; east by Track Avenue; south by Lots 1 and 5, Pequash Acres; west by Tyre and Fior. 9:45 P.M. (E.S.T.) Bayview Road, Southo!d, upon application of George Foster, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with existing dwelling .Location of property: North side Bayview Road, Southold, Newv York, bounded on the north by Canal (West Creek); east by Obre; south by Bayview Road; west by McCasalan. Any person desiring to be heard on the above appeals should appear at'the-time and place above specified.. Dated:~ April 8, 1977 BY ORDER-OF-THE SOUTHOLD TOWN BOARD'OF APPEALS PLEASE PUBLISH ONCE, APRIL 14, 1977, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following Agway Petroleum Corp. Walter F. and Flora S. Luce Ellis and Helen Hyers Joan Langemyr re: Hyers Robert Adipietro Rhoda Weston Theodore Andruski Carol and John Plock, Jr. Spencer W. Petty, III George Foster on April 8, 1977: t" 8:50 P.M. (E.S.T.) upon ap- l plication of Robert Adipietro, Pecouic Lane, Peconic, New_ York for a variance in ' cordance with the Zoning Or- dinance, Article III, Section 100- ~0 and Bulk Schedule for per- mission to set off dwelling on lo~ with insufficient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Read; east by Indian Neck Lane; south by Lots No. 2 and 4 "East Hill" Sub~ division. ~. 9:00 P.M. (E.S.T.) upon~ plicatian of Rheda Weston, 76 Bogart Avenue, Port Washington, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard setback. Location of property: West side Snug Harbor Road, Greenport, New York; Lot No. 55, Section III, Cleaves Point Subdivision. 9:10 P.M. (E.S.T.) upon ap- plication of Theodore Andrnski, Walnut Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- ,~",~nee. Article III, Section 100- (West Creek); east by Obre; sov'h by Bayview Read; west by M ~alan. ~,,y person desiring to be heard ~n the above appeals should ~ppear at the time and place ,hove specified. 3ated: April 8, 1977 BY ORDER OF. THE SOUTHOLD TOWN BOARD SUFFOLR, OF APPEALS EW YORK, iTA14--2672 ss: Stua~-t C. Dorraan ...................................... being duly Sworn, says that ....h?.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper publish~l ~t Gr~nport, in said county~ and ~at the noti~, of which ~e ~e~d is u print~ ~py, ~s ~en published in the ~d Suffolk W~k~ Times once in eoch w~k, for o~e (~ ~ suc~ssively commencing on me fourteenth -~ .//~...~:. ...................... to .../. ~g~e me .this LEGAL NOTICE NOtice of Healings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinanco of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, April 21, 1977, on the following appeals: 7:30 P.M. (E.S.T.) - Decision upon application of Nicholas W. lppolito for a variance to divide property with existing buildings, south side North Road (CR27), Southold, New York. 7:59 P.M. (E.S.T.) - Resumed hearing upon application of Ag- way Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-servico gasoline station. Location of property: west side Youngs Avenue, South- old, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by George Ahlers & others. 8:30 P.M. (E.S.T.) upon appli- cation of Walter F. and Flora S. Luce, SOS Skunk Lane, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article XI, Section 100-118 E for permission to enlarge an existing, non-conforming build- ing. Location of property: South side Main Road (Route 2S}, Cutchogue, New York, bounded on the north by Route 25; east by V. Cierach; south by North Fork Rank & Trust Co.; west by North Fork Bank & Trust Co. 8:40 P.M. (E.S.T.) upon ap- plication of Ellis and Helen Hyers. 308 Forsythe Avenue, North Lindenhurst, New York 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: South side Oak Drive, Cutehogue, New York, bounded on the north by Oak Drive; east by R. Langemyr; ,so~Thomsen and Belz; west in. ~cati~ of Robert Adipietro, ff~'~ffic Lane, Feconic, New York for a variance in accordance with 'the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on lot with insufficient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by Lots #2 and 4 "East Hill" Subdivision. ~'9:00 P.M. (E.S.T.) upon ap- plication of Rhoda Weston, 76 Bogart Avenue, Port Washing- ton, New York for a variance in accordance with the Zoning Ordi- nance, Article IlL Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient side-yard setback. Loca. tion of p~:operty: West side Snug Harbor Road, Greenlaort, New COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, bein9 duly sworn, says that she is an Editor, of THE LONG iSLAND TRAVELER-WATCHMAN, a public newspaper printed at Sout!~old, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........ I ............................... weeks ~ucce,,~ivel./, commencing on the .../.~ ................................. day .................................... , 19...?...'.. Sworn to before me this ..J..~ ............. day or ................. Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL File Ho .................................................................. Date ........................................................ , 19 PLEASE T~Klli JN~)T[CE that~oy~eu?,j~pp.lication dated ................................... '~t' ............. , 19 ........ t:or~ permit to cons~Oct .................................. L...at the premises located at .................................... ...................................................................... Street re~tg~rned,herewi, th~~d disopproyed on the following grounds ...} ........................................................ Building Inspector ~TO~VN OF SOUTHOLD, NEW YORK .APPEAL FROM DECISION OF BUILDING INSP_CTOR APPEAL DATE 'FO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) .............................................. of ................. .~./..i.~. ......... ,~./.~..~ ....................... · ~- .- ,~----?/~"~- Name of Appellc~nt Street~and\/ Number Municipality State ',THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ,/,7 .................................... ........ ...................... WHEREBY THE BUILDING NSPECTOR DENIED TO Name of Applicant for permit of Street and NumDer Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY !, LOCAT,ON OF-mE PROPERW"/b.~>;~.....~.~..:4...~,~,.¢.~r~.,~.'.~,.~ ......... ~...~:,~.~ Street Use District on Zoning Map ........................................ ................. Map No. Lot No. :~. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior., Sub- ~ection ~and Paragraph of the Z~ning Ordinance by numbe~,,))o not quote the Ordinance.) TYPE OF APPEAL Appeal is maae herewith for A VARIANCE to the Zoning Ordin,ance or Zonin~ Mop A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision 6f the Building Inspector or with respect to this property. ,%ch appeal was ( ) request for a special permit ( ) request for a variance ':nd was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance its requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by a!l properties alike in the immedicte vicinity of this property and in this use district because 3. Tine Varicmce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF~*a~ol'k ) / b[~nc[ture f' Apri% Sworn to this 5~ day of ........................................................ 197? JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 April 5, 1977 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Robert Adipietro for a variance-Appeal No. 2262 to.- JTT/bn I haveron file in my office notification by certified mail John Pontino, Box 1243, Peconic, N.Y. 11958 Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Sp, ecial Ex, ception) (Special Permit) (the following relief: 2. That the property whj.ch is the~ubje~ct o.f the Petition is located adjacent to your property and is des-__ cribed as follows: /~,.~,~ ~7~' ~-,~.~:~: ~// ~'. / ~ ~ ; ~~ o~ ~ ~/~ 3. That the,prqpe~rty~hich is the ~ubje~:t of such ~etit~on is located in the following zoning district: d' 4. T~aLby such Petition, the undersigned will request the [ollowing [elief: 5. That the pr~vi§ions of the Southold Town Zoning Code, applicable to the relief sought by the under- signed are: /~'~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or ~our representative have the right to appear and be heard at such hearing. Dated: A~;'.~'L Z~} /~?~ . / Petitioner Post Office Address <,-~ , NAME PROOF OF MAILING OF NOTICE ADDRESS REGISTERED NO. Value Reg. Fee Charge Postage POSTMARK O F TO STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Robert Adipieteo , residingat Peconic Lane Peconic. N.Y. . being duly sworn, deposes and says that on the 5th day of April ,19 7 7 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at $outhold, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 5t:h day of ~ ,19 77 , -- ~2-- Notary Public F ELIZABETH ANN NEVILLE NOTARY PUBLIC. State of New York No. 52-8125850, Suffolk Court SEE SEC NO 086 MATC~ ~ LINE MATCH FOR PARCEL NO. SEE SEC. NO. O85-03-00 SEE SEC. NO. 086 I.I 16.3 A (C) D