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Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SOUTHOL[:), I-.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3574
Application Dated 0ct0ber 30,
TO: Dr. John ^. k0ret0
14 Colonial Drive
Smithtown, NY 11787
1986
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on January 8, ]987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III , Sections 100-30 and 100-32, and
Article XI, Section 100-119.2 .....
[ ] Request for
Application of DR. JOHN LORETO for Variances to the Zoning Ordip°ance,
Article III, Sections 100-30 and 100-32, and Article XI, Section 100~19.2
for permission to construct storage building with an insufficient se~/pack
from bluff along Long Island Sound for storage purposes accessory a~
incidental to the existing dwelling adjacent to these premises. Loc~n
of Properties: Lots #3 and #2, Map of Vista Bluff #5060; North Sid~
Glen Court, Cutchogue, NY; County Tax Map District 1000, Section 83~i
Block 1, Lots 9 and 8.
WHEREAS, a public hearing was held and concluded on November 20,
1986 in the Matter of the Application of DR. JOHN LORETO under Appeal
No. 3574; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. This is an application for Variances from the Provisions
of the Zoning Code as follows: (a) Article XI, Section lO0-119.2(B)
to construct with an insufficient setback at 30 feet from the edge
along the top of bluff along the Long Island Sound, (b) Article
III, Sections 100-30 and 100-32 to construct for use as storage
incidental and accessory to the existing dwelling adjacent to the
west of this parcel. The construction proposed is a 10' by 14'
wood-design storage shed.
2. The premises in question is a substandard parcel known
and referred to as Lot No. 3, Map of "Vista Bluff" filed March 15,
1968, at Cutchogue, and is shown according to Building-Department
and Assessors records as vacant land. Applicant has depicted a
gazebo structure on this property situate approximately 15 feet
from the easterly property line of Subdivision Lot No. 2 (the
(CONTINUED ON PAGE TWO)
DATED: January 8, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3574
Matter of JOHN A. LORETO
Decision Rendered January
8, 1987
applicant's dwelling parcel), although town records show that
a building permit and certificate of occupancy was issued under
Permit #11239 and CO #13326 during 1981 for a gazebo on the
dwelling parcel a minimum of three feet west of the easterly
property line.
3. The premises upon which the requested 10' by 14' accessory
shed is to be located contains a lot area of approximately 25,000
sq. ft. and lot width of 100 feet. The buildable area (as shown
by the sketched survey prepared December 20, 19!7 by Frank H.
Atkinson, L.S.) is a size of approximately 100 feet wide by 120
feet deep [to the top of bluff], or 12,000~ sq. ft. It is
the position of the Board to locate the shed a distance 40
feet from the top of bluff and approximately 70 feet from the
front property line along Glen Court. This.location would
allow for proper placement of a new dwelling in the future
in accordance with the required setbacks of the zoning code
(without additional relief).
4. Article XI, Section 100-119.2, subparagraph Ail] requires
all buildings proposed on lots adjacent to the Long Island Sound
to be set back not less than one-hundred (100) feet from the top
of the bluff, or bank. The board finds that compliance with this
lO0-ft, setback restriction would be placing same in the front
yard very close to the road (front) property line.
In considering this appeal, the board also finds and
determines: (a) although the percentage of relief requested
is substantial in relation to the requirements, the difficulty
cannot be obviated by some method feasible for appellant to
pursue, other than a variance; (b) the placement of the
10' by 14' accessory storage building at a point not closer
than 40 feet to the top of the bluff and a distance of 70±
feet from the front property line is not unreasonable and
not be detrimental to adjoining properties, or change the
character of the district; (c) the circumstances of the
property are unique; (d) the practical difficulties are ~
cient to warrant a conditional granting of this applicati~
(e) that in consideration of all the above factors, the
interests of justice will be served by allowing the varial
as conditionally noted below. .
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance to locate a 10' by 14'
accessory storage shed upon Subdivision Lot No. 3 applied
under Appeal No. 3574 in the Matter of the Application of
JOHN A. LORETO, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Accessory shed not exceed 10' by 14' in size~
2. Accessory shed not be closer than 40 feet to the top
of bluff and not be closer than 10 feet from the west (side)
property line;
3. Accessory shed shall be used only for storage purposes:
accessory and incidental to ~he residential use of the adjacent
parcel, also owned by the applicant herein (Lot No. 2), or (b)
accessory and incidental to the future residential use of this
parcel (Lot No. 3);
(a)
4. Any dwelling proposed in the future upon this parcel
(Subdivision Lot No. 3) must conform to the front, side and
rear yard setback requirements of the zoning code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was unanimously
adopted.
lk
GERARD P,-GOEHRINGE~, CHAI
January 14, 1987~
RMAN
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to SectiOn 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at.a Regular
Meeting commencing at--7:30 p,m. oh THURSDAY, 'NOVEMBER 20, 1986
and as follows: ~ -
7:35 p.m. Appeal No. 3573 ~ MARGARET AND JOSEPH BEST.
Variance to the Zoning Ordinance~ Artec.to ItI,-Section 100-32
for permission to locate accessory garage structure in the
frontyard area at premises located on the south side of a
private right-of-way extending off the east side of Camp Mineola
Road, Mattituck, ~NY; County Tax-Map Parcel No. 1000-123-06-17¥
7:40 p.m. Appeal No. 3571 ~'MARGARET AND JOSEPH BEST.
Variance to the Zoning Ordinance, Article XI~ Section t00]119.2
for permission to construct addition at the southerly side of
existing dwelling with insufficient setback from the'-bulkhead
along tidal water area and insufficient setback from the rear
property line at premises located on the south side of a private
right-of-way extending off the east side of Camp Mineola Road,
Mattituck, NY; County
7:45 p.m. Appeal
Tax Map Parcel No~ 1000-123-06-17.
No.' 3568 ~ STAMATIOS AND ALENI'RAPANAKIS.
Special Exception to the Zoning Ordinance, to es%abli~h 6ne
accessory apartment~in the.existing dwelling structure in
accordance wi-th the requirements of Article III, Section lO0-30(B)
subsection [15]. Location of Property: 2030 Boisseau Avenue,
Southold, NY; County Tax Map District 1000, Section 55, Block 6,
Lot 40.
7:50 p.m. Appeal No. ~569 ~ BOATMEN'S HARBOR MARINA.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition to existing dwelling with
an insufficient setback from existing bulkhead. Location of
Property: 3350 West Creek Avenue, Cutchugue, NY; County Tax
Map District 1000, Section llO, Block 01, Lot 12.
7:55 p.m. Appeal No. 3572 : MICHAEL AND JOYCE MATTES. Special
Exception to the Zoning Ordinance, Article III, Section i00-30~
(B)[16] for permission to establish "Bed and Breakfast Use," "an
owner-occupied building, other than a hotel,
breakfast is provided for not more than six
roomers, and renting of not more than three
Property: 50 Luthers Road, Mattituck, NY~
District 1000, Section 113, Block 03, Lot 7.
where lodging and
casual, transient
rooms. Location of
County Tax Map
8:00 p.m. Appeal No. 3565 FRANK FIELD REALTY INC.
Variance to the Zoning Ordinance, Article III, Section 100-3
Page 2 -
Southold
Regular
Notice of Hearings
Town Board of Appeals
Meeting November 2Q,
1 986
for permission to establish two-family dwelling use on a parcel
of land containing less than 160,O00-sq. ft~ in area, 270 ft.
lot width, 400 ft. lot depth, ~nd with insufficient frontyard~
sideyard, and rearyard setbacks. Location of Property: 320 Linnett
Street, Greenport, NY~ Map of Greenport Driving Park #369, Lots
#71 and #72~ County Tax Map District 1000, Section 48, Block 2~
Lot 36~1.
8~05 p~m.. Appeal No. 3566-SE. FRANK FIELD REALTY INC. Special
Exception ~o the Zoning Ordinance, Article~-III,--Section lO0-30(B)
for permission to establish two-family use at premises referred ~o
as 320 Linnett Street, GreenportT NY~ Map of Greenport Driving
Park #3~9,
48, Block
8:10
Lots #71 and #72; County Tax Map District 1000, Section
2; Lot 36.t.
p.m. Appeal No. 3570-SE - ~AUL HENRY. Special Exception
to the Zoning Ordinance, Article III,~Section 100-30(B)~6] for
permission to establish "Bed and Breakfast Use," "an owner-occupied
building, other than a hotel, where lodging and breakfast is
provided for not more than six casual, transien~ roomers, and
renting of not more than six casual,~transient roomers, and renting
of not more than three rooms. Location of Property: 50 Luthers
Road, Mattituck, NY~ County Tax Map District 1000, Section 113,
Block 03, Lot 7.
8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. Appl$cation
to withdraw V~ariance conditionally approYed under Appeal No:-3393
on September 26, 1985, and to reinstate in full the 1969 Variance
conditionally approved under Appeal No. 1260, permitting the use
of a 5,600 sq. ft. existin§ building for storage and repair of
contractor's machinery and equipment. Location of Property:
West Side of Tabor Road, Orient¥ NY; County Tax Map District 1000,
Section 18, Block 05, Lot 1~. "B-light" Business Zoning District.
8:20 p.m. Appeal No. 3552 JOHN SENKO. Reconvene hea~in9
concerning Variance for shopping center use in this B-1 General
Business Zoning District containing 30,084 sq. ft. in lot area.
Location of Property: Intersection of Ackerly Pond Lane and North
Side
70,
the
and
of Main Road, $outhold; County Tax Map District 1000, Section
Block 7, Lot 1.
8:40 p.m. Appeal No. 3574 ~ DR. JOHN LORETO.
Zoning-Ordinance, Article III, Sections 100-30
Article XI, Section 100~119.2, for permissi'~n
Variance to
and 100-32,
to construct
Page 3- Notice of Hearings
SouthOl. d Town Board'of Appeals
Regular Meeting - November 20,
1986
~X~storage with an insufficient setback from bluff
building
along
Long Island Sound for storage purposes accessory and incidental
to the existing dwelling adjacent-~to these premises. Location
of Properties:~ Lots~#3 and #2, Map of Vista Bluff #5060;
North Side of Glen Court~ Cutchogue, NY~ County Tax Map District
1000, Section 83, Block 1, Lots.9 and 8.
8:55 ~.m. Appeal No. 3562 - ANA G. STILLO. Variances:
(1) to the~-ZoningP'Ord}nance, Article I-~I, Section ~00-31, for
approval of insufficient lot area, width-and depth-of three
parcels in-this pending Minor Subdivision, and (2) to New York
Town Law, Section 280-a for approval of access over private
right-of-way extending from the north side of Main Road to the
premises in question. L'ocation of Property: At the north end
of private right-of-way ( ~onglands-of-B. Brokaw), North Side
of Main Road,-Orient~ NY; County Tax Map District lO00,_Section
14, Block 2, Lot 26, containing 2.2 acres total.
9:05 p.m. Appeal No. 3519 STEVEN SANDERS & ANO. Variance
to the Zoning Ordinance, Article III, Section 100-31 for approval
of insufficient lot area, width and setbacks in this pending
set-off division of land. Location of Property: Private
Right-6f-way located-off the north side-of Bay View Avenue,
Mattituck, NY; County Tax Map District 1000, Section 106~
Block 06, Lot 36.
The Boar~ of Appeals will hear at said time and place alt
persons or representatives desiring to be heard in each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: November 3, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BQARD OF A~PEALS
~ERARD P. ~OEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
ATTENTION NEWSPAPERS: Please publish THURSDAY, NQVEMBERP13, 1986
and forward 13 ~ffidavits of publication on or before Novembe~ t7,
to: Board of Appeals, Main Road, Southold, NY 11971.
FORM NO,3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
. .~..o.x..q..~ ............................
.e.4.~.~...~ .~......B.~ .~.~...
PLEASE TAKE NOTICE that your application dated ....~.~...~. ........,19 .~.g..
for permit to construct..O,,~.. ~ e~. ~~....~,g.~. ..................... at
Location of Property.. 71 .cl. .~.....~.. ~ .x~.. ,.... ~~..~ ...............
House No, Street Ham/et
County Tax Map No. 1000 Section . .'.. ~.[ ~ .... Block ..... .~. I ...... Lot ...~..~ .........
Subdivision ................ Filed Map No ................. Lot No ..................
is returned herewith and disapproved ,on the following grounds .~.,,.c.~. ~&. ~.~.. e.~. ~.~.
~~.~. ~.~,,..q..~ .~.~}..o.~.~ .......
..... .
~~..~..~. ~.~..~..~..~..~.~.,~.~....5~...~ ......
Building Inspector
RV l/gO
TOWN OF SOUTHOLD, NEW YORK
CI~Fr~4~E[dFROM DECISION OF BUILDING INSPECTOR
APPEAL NO..~2~5-,-z~
DATE'Z ..................... - ......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
....... ..............
Name of App~ll~r~t Street and Number
~.~L.//-~/zZ/--c.~ ~ C~ ~ .,.//,~...,~,,,,. ..... HEREBY APPEAL TO
Municipolity
S~ote
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 -~ ..... ~ ............................................................................................................. ~ ~_____~ C-~ __ C~/"L-/?">> C~ C.~--~ ~....
Street and Number Municipality State
) PERMIT TO USE
) ~PERMIT FOR OCCUPANCY.
l.LOCATION OF THE PROPERTY ...'~...~.~.~.. ........ ..~.......~.....~.-~...'~.. .......... ..~.....~.r ......... ...~....~...<?.~.~...O r4~~-~
Street Use District on Zoning Map
....................................................... .................
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article SectiOn, Sub-
sectior~and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nence.)
3. T..~I>E~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 (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( )request fora special permit
( ) request for a variance
and was made in Appeal No ................................. Da(ed ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
) A Variance to the Zoning Ordinance
~s requested for the reason that
~o~ ~ : ' Y (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by ail properties dike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
COUNTY OF ,.>/"~,~g"g~Z~'" ss i .........Signature
Sworn to this ......... ~,~.. .......................... day of ............ .~...~'~.,.~.~,,.'~... .................... '~ 9~c/~/
Notary Public
LO~4G ~6LAk~D
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