HomeMy WebLinkAbout#7498 Loria Correspondence.pdf June 30, 2021
Southold Town Zoning Board of Appeals
54375 Main Road
Southold, New York 11971
Attention: Leslie Kanes Weisman, Chairperson
Re: Philip Loria #7498 Request for Variance
Dear Ms. Weisman:
I am writing to express my opposition to granting the above-referenced variance
request.
The structure Mr. Loria proposes to construct would require multiple highly significant
variances. The proposed construction would violate the zoning setback requirements by a very
substantial amount and permit building far closer to the front, rear and side property lines than
is allowable under the town code. This is not a matter of granting a variance of a few feet; the
applicant is proposing to violate the setback requirements by 60%to 75%.
The variance permitting construction of a three story dwelling is particularly
inappropriate since the property is located along the waterfront. A paramount concern of the
zoning board should be to maintain free and open views of our waters for as many residents as
possible. Allowing the zoning code to be violated to permit residents to build structures that
effectively function as walls to block those views for others is wholly inappropriate.
The property in question is a very small lot that is located in the Marine II zoning district.
As the Board is aware, the purpose of the Marine II district is primarily to provide a waterfront
location for business that benefit from or require direct access to the water. The property has
been operated as a boat storage facility for decades in accordance with this purpose. It was
never intended to serve as the location of a large residence, since the lot is simply too small to
permit such a use.
Under the town code, the Board has the power to grant variances where "there are
practical difficulties or unnecessary hardships in the way of carrying out the strict letter of[the
zoning] regulations". There are no practical difficulties or unnecessary hardships being imposed
on the ability of the applicant to continue to operate this property in accordance with its
intended purpose and longtime use. Rather, the applicant is asking that the rules be waived in
order for him to construct a type of structure that was never intended to be constructed on
such a small lot located within this zoning district.
I understand that the applicant is of the view that construction of a single family
residence on this lot will somehow be better for the community than continuing to use the lot
for commercial purposes as it has been for decades. This is simply not true. The lot could
continue to be used as a boat storage facility, or could be converted to other marine-related
uses (such as a mariculture or aquaculture facility) with far less impact on the community.
This is the primary intention of the Marine II zoning district, and the zoning board should not
allow that intention to be violated here.
Finally, permitting this construction risks creating a precedent that other property
owners and builders will invoke when they wish to build other homes on small lots in violation
of the zoning code. If the board grants the requested major variances to the code in this
circumstance, it will be very difficult for it to reject variance requests for other properties in
New Suffolk without being accused of acting in an arbitrary manner.
Thank you for your time and consideration.
Sincerely,
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Matthew J. Lyons
1125 Second Street
P.O. Box 46
New Suffolk, New York 11956
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June 28, 2021
To the Southold Zoning Board of Appeals,
We are residents of New Suffolk writing to support Phil Loria's application for a
variance.
For 45 years, Phil, aka Captain Marty,owned and operated Captain Marty's Fishing
Station here in New Suffolk where people could rent boats for fishing,buy bait and
tackle,and have their own boats repaired and maintained. Every kid in town was in
and out of Captain Marty's,buying candy,soda and stuff to go fishing,getting their
bicycle tires and their inflatables filled and refilled. It was an institution that
contributed so much to the character and pleasure of life here, and hiring countless
kids and adults over the years. Phil,whose parents bought a home right across the
street,has been a wonderful neighbor,always ready to lend a hand,especially after
hurricanes and nor'easters,with a heart as big as New Suffolk is small.
We think it would be great for him to be able to build his retirement home here in
New Suffolk where he's always made such positive contributions to our community.
Sincerely,
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Phil Loria
PO Box 15
New Suffolk, N.Y. 11956
631-484-3408
Zoning Board of Appeals,
Town of Southold, New York
July 1, 2021
Re: 1090 First Street, New Suffolk NY
To the Zoning Board of Appeals,
My name is Phil Loria, also known to most people in New Suffolk as Captain Marty.
For 45 years I was the owner of Captain Marty's Fishing Station, one of the few
businesses in New Suffolk. My parents lived across the street and in 1974 my
mother bought 1090 First Street,which she later passed to me with the intention
that some day I would build a home there.
I've maintained that property with new bulk-heading, maintaining the grade
through countless nor'easters and hurricanes, paying the taxes and using it
according to its M1 zoning for the Fishing Station, and always in compliance with
town and DEC regs.
I've retired now but New Suffolk is my home and that's where I want to build a
home. Whatever the Zoning Board requires,whatever the Town,the County,the
DEC requires, I will comply as I always have. And I will continue to be the good
neighbor I have always been.
I've submitted a letter of support from some of my neighbors in New Suffolk.
Thank you for considering my application.
Phil Loria
PhilIoriax@gmail.com