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Home My WebLink About2353 TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2353 Dated October 11, ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joseph A. Shipule 4910 North Bayview Road Southold, NY 11971 Nov. 3, 1977 DATE ....................... 1977 Appellant at a meeting of the Zoning Board of Appeals on November 3, 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 in the Zoning Ordinance ( ) 19 7 7 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( be reversed ( ) be confirmed because 8105 P.M. (E.S.T.) upon application of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview, Southold, New York, bounded on the north by Epp; west by North Road to Bayview; south by E. Gagen & ors; west by Dougherty & ors. 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 SEE REVERSE (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 REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVF_,,D '~ ~ ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insufficient width, west side North Road to Bayview, Southold, New York. 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 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, Joseph A. Shipule, 4910 North Bayview Road, Southold, New York, be GRANTED permission to set off lot with insufficient width, west side North Road to Bayview, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. SOU i~iC'LD ........ CL~K DATE/~/~/? ? HOUR Toi , 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 Town Hall, Main Road, Southold, New York, on Thursday,. November 3, 1977, on the following appeals: � 7:3 0P.M. (E.S.T.) Recessed hearing upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New. York for a variance to construct accessory building with insufficient setback. (E.S.T. ). 7:45 P.M./- Recessed hearing upon application of Doris. ' Helf, 1965 Bray Avenue, Mattituck, New York (William Clark, ' Esq.) for a variance to set off lot with insufficient width and area and construct dwelling. 7 :55 P.M. (E.S .T® ) upon application of James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 and Bulk Schedule for per- mission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound; east by. R. Tasker; south by CR27; west by County Wide Management. 8:05 P.M. (E.S.T. ) upon application of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in ! accordance with the Zoning Ordinance, Article III, Section . . i 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: . west side North Road to Bayview, Southold, New York, bounded on the north by t Epp; east by North Road to Bayview; south by E. Gagen & ors. ; I'I i I west by Dougherty & ors. ; +; 8c15 P.M. (E.S .T. ) upon application of Helen R. Schaefer, j z t l 3950 Old North Road, Southold, New York for a variance in i page'1,7A . plication of-James W. Dawson, 9 North. Parish Drive Southold 1 Stone Ledge Road, Upper Saddle New York for-a'variance in`ao-- COUNTY OF SUFFOLK, � �® River, New Jersey - (Richard cordance with-the,=Zoning.;Or-_ STATE OF NEW YORK, ss: Cron, Esq.) for a variance in dinance, Article III,'Section Or- ' J ° accordance with the Zoning 30_and Bulk Schedule, for per- STUART C. DORMIAI� Ordinance Article III Section mission•to.divide property.With • • • • • • • • • • • • • • • • • • • • • • • . . . . . . . . . . . . . . . being duly Sworn, 100730 ,and Bulk Schedule for insufficient width and area. permission to'construct dwelling Location of propert Says that . . • is Printer and Publisher of the SUFFOLK with. ,insufficient setbacks. Sound ,View-•Avenue, , a news Southold, WEEKLY TIMES Location,of property: North side '`New-York; bounded`on.the north paper published at G'reenport, in said bounded. Grn, the t, New York, by Halbauer;„east by Hyatt Road; county; and that the notice. of which the annexed is a printed bounded on the north by Long.. (Pyt. Rd.);south,by Sound View Island Sound; east by R. Tasker; Avenue;','west by B.;Young:,`.,' copy, has been published in the said Suffolk Weekly Times south by,CR27;• west,by County 9:2' P:M. (E.S:TJ 'upon ap-- Wide Management. plication of Dorothy-Yoerges,a,-c truce in each week, for ONE weeks 8,:05 'P.M. (E.S.T:). upon ap By The=Yard;'hove Lane,.Mat- -� ' • • • ' plication of Joseph A. Shipule, , tituck;New York fora variance. successively commencing on the . .TIJENTY.,SEUE1�t i• , . , , Southold,.hold,. New a York foryview Road, Ordina in n eanArt le VIIe�S c", day of • • • • • • .ing— � � -r•. 1977 . OCT variance in accordance with the 100-70 :ari,.-Bulk Schedule 'for Zoning Ordinance, Article. III; permission to.construct addition*'.' _ • • Section 100 30 and Bulk Schedule with inspfficent rear,yard area.. Sworn to before a hi for permission-to set-off lot with Location`-of -- property:' _East side / j�� insufficient width. Location of Love Lane;Mattituck;New York;., day of . . („JC 19. j property: west side North Road bounded on the.north'.by Raanor- r to Bayview; Southold, New York, Suter;easel y' Lois Barker-, south, I bounded on the.north by Epp; by Lois Barker;`west.by Love • • • •�;•I•: . . . tr east by North Road to Bayview; Lane. . . . . . , , south byE.Gagen&,ors.;�westby 9:35 P.M. M.S.T.) upon ap- Dougherty & ors. plication of,fames H. Ackerman, NA CY R. DOUGLASS 8:15 P.M. (E.S.T.) upon ,ap- . Mountain Lake, Lake "Wales, NOTARY PUBLIC,state of New York ,plication of Helen R. Schaefer, Florida(Clay A.Terry, Esq.) for Residing in'Suffolk County 91 3950 Old North Road,,Southold, Zoning a variance in accordance with the Clks. No. 52-60866d5 Coamrisaion Expired March 30,I&Ld - New York for a variance in ac- g Ordinance, Article III, cordance with' the -Zoning'"Or- - Section 100-30-31 C 2 A&100-35 for dinance, Article III, Section 100• permission to obtain relief from 30 and Bulk Schedule for per- the Code requirements for fen- mission to set off lot -with in- cing relative to in-ground sufficient area. Location of swimming pools. Location of property: Right-of-way, south property: Private Road, Fishers side Old-North Road; Southold, Island Estates, Fishers Ind, New York, bounded,on the north New York, bounded<an-the north by John Schaefer; east by right-- by E-W Road; east by M. Wray; of-way; south by A. Grignonis; south by .M. Reid; west by :west by now or formerly Wm. A. Private Road; Block 8, Lot 12, Coleman & WE Fishers Island Estates. 8:25 P.M. (E.S.T.) upon ap- 9:45 P.M. (E.S.T.) 'upon ap- plication of George Mahr, 19 plication of Rowland A. Robbins, Zemek Street, Valley Stream, Fishers Island, New York for a New York (Wm. H. Price, Jr., variance in accordance'with the Esq.) for, a variance -in ac- Zoning Ordinance, Article III;' cordance with 'the Zoning Or- Section 100-30-31 C 2 A and 100-35 dinance, Article III, Section'100- to obtain relief- from the Code ; 30 and Bulk Schedule, for per- requirements relative to fencing mission to change lot lines. in-ground ;swimming_ pools. Location of property: north side Location of property: Private Front Street, Greenport, ,New Road;Fishers Island, New York, York, bounded on the north by bounded on the north by Block School District 10; east by now or Island Sound; east by 0. An- formerly Peterson; south by derson-,-south by Private Road; Front Street (Main Road- Route west by H. Williamson & wf.; 25); west by W. Price. Block 25, Lot 8, Fishers Island, 8:40 P.M. (E.S.T,) upon ap-. Estates. plication of Charles G. and Mary 10:00 P.M. (E.S.T.) upon ap- A. .Tangney, 1695 Little Neck plication of Robert Adipietro, Road,Cutchogue,New York for a Peconic' -Lane, , ,Peconic, New ' variance in accordance with the York . for a variance in ac- Town •Law, 'Section 280A for ' cordance with.the Zoning Or approval of accesss. Location of dinance, Article III, Section 100- Property;; right-of-way east side 30 and Bulk Schedule. for per- Little Neck Road, Cutchogue; mission to change lot lines and New York, bounded on the north convert existing building to, by A.C.Mason and right=of-way; dwelling. Location of property: east by Norweld Subdivision; - south side Leslie Road, Peconic, south by., Dunhuber; west by New York, bounded on the north Dunhuber'& Andruski. and west by Leslie's Road; south 8:50 P.M. (E:S.T.) upon -ap- by Pontino; east by Indian Neck plication of-Robert Sorenson c-o Lane. A. John Gada Gen'l Contractor Any person desiring to be heard Inc., Draw B, Fishers Island, on the above appeals should New York for a variance in ac- appear at the time and place cordance with the Zoning..Or-. above specified. dinance, Article III, Section 100 Dated: October 21, 197.7 32 for permission to construct BY ORDER OF THE accessory building in front yard SOUTHOLD TOWN area. Location of property: east BOARD 'OF APPEALS side Equestrian Avenue,Fishers 2833 1T027 . Island,New York,bounded on the .north by Braun; east by Hay --^- •- -m.m.�... _ ___ Harbor; south by T. Pyle& wf.-; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon ap- plication of the Estate of Walter I Washburn, Bay- Avenue, East Marion,New York for a variance in.accordance with the Zoning (� Ordinance, Article III Section 100-30 and Bulk Schedule,and the Town Law, Section 280A for 1 permission to set off.lot with insufficient area and approval of access. Location of property: 1 Right-of-way, west side -Bay Avenue,East Marion,New York, bounded on the north by right-of- way, Radford; east by Traffica, I Schmidt, Dahncke, &ors.• south by other'land of applicant; west by right-of-wayand Radford. 9.15 ? .M. '(E.S.T.) upon ap- plication of Marion M. Roussin c- o Mr. and Mrs.James Hoolahan, I - j LEGAL NOTICE I Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- ( COUNTY OF SUFFOLK sions of the Amended Building ss: Zone Ordinance of the Town of STATE OF NEW PORK Southold, New York, public hearings will be held by the Zoning Board of Appeals as the Town Hall, Main Road, Sherley Katz, being duly swom, says that she is an ,•� Southold,New York,on Thurs- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, day,November 3, 1977, on the .. following appeals: a public newspaper printed at Southold, in Suffolk County; d 7:30 P.M.(E.S.T.)Recessed i hearing upon application of and that the notice of which the annexed is a printed copy, Virginia W. Suter, Beachwood g has been published in said Long sland Traveler-Watch- Road, Cutchogue, New York for a variance to construct man once each week for ........................................ weeks accessory building with insuf- ficient setback. I' successively, commencing on the ....O�.J............................... 7:45 P.M.(E.S.T.)Recessed hearing upon application of day of ....tr%/',��.".'� GzT�(<��............ 19....!.� Doris Helf, 1965 Bray Avenue, Mattituck, New York(William Clark, Esq.) for a variance to ... ....!......... set off lot. with insufficient '""" 7. ....""" width and area and construct dwelling. 7:55 P.M. (E.S.T.) upon application of James W. Daw- son, 9 Stone Ledge Road, Sworn to before me this .... � ............. day of Upper Saddle River, New Jer- sey (Richard Cron, Esq.) fora .............. .... .. . .. .... variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to. construct dwelling with insuf- �1lv ficientsetbacks. Location of •••••••••••••••••••• •• • •• •• •••••• ••• • ••- property: North side CR27, No ayPublic w Greenport, New York, bound JOSEPH FENTON ed on the morth by Long Island NOTARY PUBLIC, State of New Vwk Sound; east by R. Tasker; No. 52.1195150 south by CR27; west by Coun- Qualified in Suffolk County ty Wide Management. Commission Expires March 30, 19 8:05 P.M. (E.S.T.) upon app ica ion of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property:west side North Road to Bayview, South- old',New York,bounded on the north by Epp; east by North Road to B'ayview; south by E. Gagen&ors.; west by Dough- erty &ors. 8:15 P.M. (E.S.T.) upon application of Helen R. Schaefer, 3950-_0w North Road, Southold, New ork for a variance in accordanc"ith the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot,with insufficient area. Location of property: Right-of- way, south side Old North Road,''Southold, New York, I bounded on the north by John - FORM NO o ` , . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE � SOUTH0LD, N. Y. NOTICE OF DISAPPROVAL � File No. —..—.—..—..--......—.....--.—Dota ...................... ---- l9,�.� ' ' r To .. ---^''f--'':: .......................... ! -----------^~---^—^----~^--' PLEASE TAKE NOTICE that your application dated ..........0m,"L..... .................. 19-.\1. for permit —t.AN..h .--------ot the premises located at -- ------. u^�� ---..iy�l�/y..��x�: /�—/��—. � traot q` Moo ....................... Block ........... ------ Lot ........N[------------. is i ^ // °8 disapproved on the following grounds --4,y�+—..8-e........ —^~--^^—^^^----------^---^------------' ------^--^--'--^'~^^'--'^^--^--~'' ----~-------~-------------'' �r �� ~/�./�.�l,...��^ �p.-1~��..�\.�i. —.c�......... ..... ........... ---'7''l�--^~~' ^ Building Inspectir TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. o?J 3 y DATE ...1Q.A�/ „7/.. TO E Z N I NG BOARD OF APPE , TOWN OF SOUTHOLD, N. Y/�� No e of Appellain Street and. Number 71 �� .. ..........,...HEREBY APPEAL TO Municipality ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED ...... .... ///�/....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................................................................................. Name of Applicant for permit of .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .. %.mac.. :. ? �i: .. "�V�.l�.,GZc� �J ,�.. �5 .T Street Use District on Zoning Map /..\.....:..................................:..... .... ....:... Map No. at No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph,QLthe Zo ng Ordinance by number. Do not quot the Orc nan e.) T l0 0 _- 3 c7 3. TYPE OF APPEAL Appeal is made herewith for KA 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?(31 �Hhas 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 fora variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason thati�LeGV�2��sv�- ��.v�-� /2') _ A" Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE 0 NAN E would produ a pract a ifficy�ltias or unnece spry HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all grope ies alike t e immediate vi 'nity of this property and in this use district because f ;L 3. The Variance would observe the spirit of th Ordinance and WOULD NOT CH E THE CHARACTER OF THE D STRICT because STATE OF NEW YORK ) GI{Fv� ) ss :.?i� ............ . ........................... COUNTY OF� � ) nature Sworn to this ...........1�. A....................... day of...............Q.4 tab cI................. 19 7 7 651 Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk Count Iotm Expires March 30, 19 - d� JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 11 , 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry . Town Clerk Re: Application of Joseph A. Shipule for a variance-Appeal No. 2353 I haveon file in my office notification by certified mail to: Mr. T.P. Dougherty & others , 5Pennington Dr. , Huntington N.Y. 11743 Mr. Hilton L. Epp, Birch Road, Southold, N.Y. 11971 Judith T. Ter Town Clerk JTT/bn ccifile BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: -a 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special P mit) (the following relief: 2. That the property which is the ubject of a Peti,'pn is.J9cated adjacent to your property and is des- cribed as follows: U - 3. That the property, i/h is the Abject of s etition is located in the following zoning district: 4. T04 by suc P tition, the undersigned will request the following relief: `41 4C 5. That th, provisions-af-the Southold Town Zoning Code applicable to a relief sougllit b th un er- signed are: 0 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 Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be h rd at such hearing. Dated: Petitioner Po 9 �►�ic / �/ PROOF OF MAILING OF NOTICE NAME ADDRESS RECEIPT FOR RTIFIED MAIL-30Sti (plus postage) POSTMARK 0 / OR DATE S '� STRE A D i P.O., STATE AND ZIP COD /' OP 10 AL RVICES FOR ADDITIONAL FEES C-)F:31� 1 1. Shows t d date delivered Nye. RETURN With delivery to addressee only............ V_ RECEIPT ' y. Shows to whom,date and where delivered.. 3r. v SERVICES With delivery to addressee only............ r3 DELIVER TO ADDRESSEE ONLY ......................................................'50d cti Li-- SPECIAL DELIVERY (extra fee require PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) A.,. 1971 NOT FOR INTERNATIONAL MAIL }GPO!1974 O-551-454 I RECEIPT FOR CERTIFIED MAIL-300, (plus postage) SE L �' a L el POSTMARK DATE STREE NO. - �QW A - ;, P.O., STATE AND ZIP CODE �] OPTIONAL SERVICES FOR.AD ITIOf1AL FEES r ^� RETURN 1. Shows to whom and date delivered ............ �{ RECEIPT With delivery to addressee only............:.65c SERVICES 2. Shows to whom,'date and where delivered. '3$ ( � With delivery to addressee only...........:8 • DELIVER TO ADDRESSEE ONLY ...................................................... 50 `_� ✓/� ® SPECIAL DELIVERY (extra fee required)•••••••............................. Ili PS Form 3800 NO INSURANCE COVERAGE PROVIDED— Apr. 1971 NOT FOR INTERNATIONAL MAIL (See other side) s7 GPO:1974 O-551-454 STATE OF NEW YORK ss.: COUNTY OF SUFFOLK) Joseph A. Shipule , residing at 4910 North Road to BaVview Southold, New York , being duly sworn, deposes and says that on the llth day of Ontnbnr , 19 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- fice at Southold, New York ;that said Notices were mailed to each of said persons by (certified) (registered) mail. 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