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TOWN OF SOu'&'I~OLD, IVEW YORK
AC~ON OF ~a~ ZO~NG ~O~D OF
Appeal No. 12 717 Dated ? / 7 / 8 0
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To mr. John A. Loreto
~£en court
Cutchogue, NY 11935
Appellant
at a meeting of the Zoning Board of Appeals on July 24
v~as considered and the action indicated below was t~ken 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 to the Zoning Ordinance Art. III
( )
1980,
Sec. 100-32
the appeal
1. SP]~I~~~NiM~.~R~N~I~ was d~ermined th~ a special exception ( ) be
~anted ( ) ~ denied pursuant to Article .................... Secton .................... Subsection .................... paragraph
.................... of the Zouln~ Ordinance and the decision of the Building I~pec~r ( ) be reversed ( ) be
eo~irmed because Public Hearing 7/24/80 8:20: ~pplication of
Dr. John ~. Loreto, Glen Court, Cutchogue, New York for a
Variance to the Zoning Ordinance, ~rticle III, Section
100-32 for permission to construct accessory structure in
s[deyard area. Location of property: North side of Glen
Court, Vista Bluff filed subdivision map #5060, Lot #2,
Cu~chogue; bounded north by Long Island Sound, west by
Van~i, south by Glen Court, east by L. Loreto. Count~
Tax ~ap Item No. 1000-83-1-8.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
(SEE REVERSE SIDE)
difficulties or unnecessary
(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 SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
~SEE REVERSE SIDE)
(would not)
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.
FORM ZB4
ZONING BOARD OF APPEAI..~
Secretary
After investigation and personal inspection, the Board finds
that applicant is requesting permission to construct a 10' by
10' gazebo-type building in the westerly sideyard area leaving
a sideyard area of approximately five feet, or more. The Board
finds that there is a dwelling on the premises, situated about
60 feet, more or less from the top of the Sound Bluff. The
Board feels that a structure in the rearyard would not be
practical and agrees with the reasoning of the applicant.
The Board finds the circumstances present in this case are
unique, and that strict application of the ordinance would pro-
duce practical difficulties or unnecessary hardship. The Board
believes that the granting of a variance in this case will not
change the character of the neighborhood and will observe the
spirit of the ordinance.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it
was
RESOLVED, that Dr. John A. Loreto, Glen Court, Cutchogue,
New York 11935, be granted a Variance to the Zoning Ordinance
Article III, Section 100-31, as requested, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the gazebo-type building not be larger than
10' x 10'.
2. That the sideyard setback to the west be not less than
five feet.
Location of property: North side of Glen Court, Cutchogue;
bounded north by Long Island Sound, west by Vangi, south by Glen
Court, east by Lillian Loreto; County Tax Map Item No. 1000-
83-1-8.On motion by Mr. Tuthill, seconded by Mr. Douglass, it was
RESOLVED, that PATRICK and MARYANN HANNON, 4050 Camp Mineola
Road, Mattituck, New York be granted a Variance to the Zoning
Ordinance, as applied for in Appeal No. 2715 and provided that
the deck proposed herein shall be only an "open" deck and may
not be permitted to be screened or enclosed.
Location of property: 4050 Camp MineolaRoad', Matt~tuck;
bounded north by Allen, east by Murphy, south'by Howell Avenue,
west by Griffin; County Tax Map Item No. 1000-123-5-20. ~· ·
Vote of the Board:
Douglass and Goehringer.
Ayes: Messrs.
Grigonis, Doyen, Tuthill,
*
APPROVED
~>~Clmirman B~a['d o~Appeal~'
0 0
NOTICE OF HEARING(S)
Pursuant tO Section 267 of the Town Law and the pr°vi-
sions of the Amended Code of the Town of Southold, the
following matter will be held for public hearing, in addi-
tion to those previously advertised, to be held at the
Southold Town Hall, Main Road, Southold, New York on Thursday,
July 24, 1980:
8:20 D.m. ADDlication of Dr. John A. Loretot Glen.
Courtf .Cutchoquet New York for a Variance to the Zoning Ordi-
nance, Article III~ Section 100-32 for permission to construct
acc structure in area. Location of
#~n~n. r.n~- $2. c~Lhom~k~i....JAo~Ln~e~d__ng~r__th__bM Lonq Island Sound,
west by Van~ Glen Court, east b~ Lilli~n Loreto.
Tax 000-83-1-8.
..- )ated: July 9, 1980.
BY ORDER OF THE SOUTHOLD TO~N
BOARD OF APPEALS
Instructions to newspapers:
Please publish during week commencing July 17, 1980 and forward
one affidavit of publication to: Board of Appeals, Main Road,
Southold, New York 11971. Tel: 765-1809 or 1802.
Copy mailed 7/10/80 to:
Dr. John A. Loreto, Glen Court, Cutchogue, NY 11935
NOTICE OF HEARING(S)
Pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, the
following matter will be held
for public hearing, in addition
to those previously advertised,
to be held at-,the Seathold'
Town Hall, Main Road, Soh~
old, New York~on ThUrSday~
July 24, 19~0:
8:20 p.m. Application of Dr.
John A. Loreto, Glen Co~drt, -~
Cutchogue, New York for a ~
Variance to the Zoning Ordin* ~
ance, Article III, Section 100-
32 for permission to construct
accessory structure in side-
yard area. Location of proper-/
ty: North side of Glen Court,
Vista Bluff filed subdivision
map #5060, Lot #2, Cutchngue;
bounded north by Long Island
Sound, west by Vangi, south
by Glen Court, east by Lillian
Loreto~ County Tax Map Item
No. 1000-~-1-~.
Dated: July 9, 1~0.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TJy17-34~3 ~.~
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
...... ~...~.~.T~ .~.~..~.~.¥.~??~ ............... being duly Sworn.
says that .~,~.~. .... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and that th~ notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in ~och week, for ~..~.~. .................... weeks
successively commencing on the ...~ .~.~.~ ..................
day of .... J~3. y ............. 1980. ,~/
Sworn to before me this .~?.~.h .....
~ay of ...~. .......... 19.
NOTICE OF HEARING(S)
Pursuant to Section 26,7 of
the To~n Law and the Pro-
visions of the Amended Code
of the Town of Southold, the
following matter will be held
f~r public hearing, in addition
to those previously advertised,
to be held at the Southold
Town Hall, Main Road, South-
old, New York off Thursday,
July 24, 1980:
8:20 p.m. Application of Dr.
John A. Loreto, Glen Court~
Cutchogue, New York for a
Variance to the Zoning Ordin-
ance, Article IH, Section 100.
32 for permission to construct
accessory structure in sideyard
area. Location of property:
North side of Glen Court, Vista
Bluff filed subdivision map
#5060, Lot #2, Cutchogue;
bounded north by Long Island
Sound, west by Vangi, south
by Glen Court, east by Lillian
Loreto. County Tax Map Item
No. 1000-85-1-8.
Dated: July 9, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1T, 7/17/80 (99)
[OUNTY OF SUFFOLK
STAT~ OF NL~vV YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TR~VEL£R-WATCHMAN,
3 public newspaper printed at Southold, in Suffolk County;
3nd that the notice of which the annexed is a printed copy,
"as been published in said Long Island Traveler-Watch-
man once each week for ............. J. ......................... weeks
~ucces~iveJy, commencing on the ..... /[/. .............................
................ ......... ......
Sworn to before me th~ .../....~.. .............. day
O?
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application doted
for permit to co struct ~..~..C..~...~.....~.. t the premises Iocoted at ....................................
Map ........................... ~ .................................. Lot ................................................ is
returned herewith and disapproved on the following grounds ...... ~~.. ,~,..
~....~.~ ...... ~ ......... ~ ........ ~.~ ...... ~ ....... ~.~...~....~ .....
~..~..~.....~.~.~
~..:..~....~.:
..~m~ ...... .................. ....... ..........
Building Inspector
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~- 7 / 7
.^~ .~..~.~.~?~o
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~, (We) ...... .~.~.?..~...~,...~.o..~.~ ......... of ..... ?.~.~.......~......c~.~4. ....... .g..~ ...................
Name of Appellont Street and Number
......~.....'~..~..~..~.'~.. ............................................................ ...~...~.~...: .............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPL,CAT,ON FOR PERM,T NO ..................................... DATED ......... ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
...,~.~..-..~o..~........&.. ...... .~..o..~.....~... .........
Name of Applicant for permit
o, 1....?...~..~....~.....~ .............. ..q,~.....z~...~.~.,~?'E. .............. ~...., ....
~p Street and Number Municipality State
( ERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..... ..~...~.,.~.,....~...C..~..~... ....... .,C..,f...--~....i ...... ...~TT,..¥..~.~...~,..O(,~----'
Street
Map No. Lot No.
Use District on Zoning Map
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Parch of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
( k--Y"~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) (~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 ......................................................................
REASON FOR APPEAL
~.,~arionce to Section 280A Subsection 3
A Variance to the Zoning Ordinance
( )
is requested for the reason that
~o~ 3~t (Continue on other side)
O O
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 all properties alike in the immediate
vicinity of this property and in this use district because
3 The Vorionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF )
Signature
Sworn to this ................. ./...x;.': ...................... day of ............~. .............................. 19~ru
//// Notary Public
/ .
b
Board of Appeals
Town of Southold
DEPARTMENT OF PLANNING
(516) 360-i~ 5513
- LEE £. KOPPE:LMAN
August 5, 1980
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
Comm~ssion are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
~pplicant
Municipal File Number
William H. Gaffga
Twin Fork Tire
Mr. & Mrs. Patrick Harmon
Dr. Johh A. Loreto
2711
2714
2715
2717
Very truly yours,
Lee E. Koppelman
Director of Planning
CH:~:F PLANNER
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
765-1809
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the . .B.O..a.~'..~..o.f...A~.~.e..~.1.~. ................ of the town of...S.O.~..t~..O.1.~. ..................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
................ Special permits
.......... ~ Variances Art° TTTw Sec. 100-31
Dr. John A. Loreto
Glen Court
Cutchogue, NY 11935
Appeal No. 2717
Location of affected land: ..~?.¢..~p...~.~.¥....~.~..~...?. ~.....~.?...~..~..~.v..~..~.~...,...~.~.~...T.~-.~--~.? ..............................
within 500 feet of: {check one or more)
.......... ~.Town or village boundary line. or shore line (L, ~, ~o~)
................ State or county road. perkwav or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
~mments: Pem~s~ion grantea, s~Ject to the conditions ~ on
~e attache~ ~eci~ion.
July 29, 1980.
Date: ...................................................
(signed) L~nda F. Kowalaki
............... ...........................................
Tit/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
0 0
Southold Town Board of Appeals
MAIN RrlAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS. BOARD
MEMBERS
CHARLES GRIGONIS, .IR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure.
DESCRIPTION OF PROJECT
Appeal No. 2717. Application of JOHN A. LORETO, Glen
Court, Cutchogue, New York 11935.
Location of Project: North side of Glen Court, Vista Bluff
Filed Subdivision Map #5060, Lot #2, Cutchogue; 1000-83-1-8.
Permission Requested: To construct accessory structure
in sideyard area. Art. III, Sec. 100-32.
Public Hearing: July 24, 1980 at 8:20 p.m., Southold
Town Hall Meeting Hall.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax Map showing the subject property, & other documents as
may be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated: July 9, 1980.
Copy to: Applicant.
Town Clerk Bulletin Board.
JUDITH T. TERRY ·
TOWN CLERK
R~GISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
July 7,1980
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is~ning Appeal No. 2717 application of Dr. John A.
Loreto for a variance. Also included are notification to adjoining property
owners as follows: Antonion Langi, P.O. Box 41, Cutchogue, N.Y. 11935; Mrs.
Lilliam Loreto, 24 Colonial Drive, Smithtown, N.Y. 11787.
JTT/bn
cc:file
Enc./
~Terr~~
Town Clerk
~C~IRONBENTAL ASSESSMENT ~
]NSTRUCT]ON~- '
~ In Order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
addztzona studiest research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and o completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significant.
(d) E'nv'i'ronmental Assessment
1. 'Will 'project result' in a large physical change
to the project site or physically alter more
than 10 acres of land? ................ : ....... Yes
2. Will there be o major change to any unzque or ~o
3. Will project alter or ~ove a large effect on
existing body of water .... : ................ ~' Yes
4. Will project have a potentzally large impac~ ,
on groundwater quality? ........... ~--1 ....... Y
5. Will project significantly effect drainage Yes- '
flow on adjacent sztes? .......... ~ ...........
6. Will project affect any threatened or 'Yes'
endangered plant or animal species? ........... __
7. Will project result in e major adverse effect Yes ~o
on air quality? ............................... . .....
8. Will project have a major effect on visual
character of the community or scenic views or ~o
vistas known to:be important to the community? Yes
~. Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
local agency? .............. Yes No
10. ~ill pro~eci have a major effect on existing
or future recreational opportunities? ......... Yes
11. Will pro,eot result in.major traffic problems
or cause o major effect to existing
transportation systems? ....................... Yes
12. ~11 prelect .regularl~ cause ob}ec~ionable
odors, no~se~ glare, vibration~ or electrical '
disturbance as a result of the project's
operation? ........ ' ............................ Yes
13. Will project have any impac~ on public health Yes
or.safety?.. · - .
directly causing a growth in permanen~
population of more than 5 percent over a one
year period ~r have a major negative effect
on the character of the community or
neighborhood? .................. Yes
15. Is there public controversy concerning the
pro~ect? ...................................... ~es Re
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
YOU ARE HEREBY GIVEN 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) (Special Exception) (Special Permit) (the following relief:
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: .///O~ ~ ~-- ~,, [".
3. That the property wnicn is the suoj~ct PT such Petition is tocateo in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
S. That the provisions 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 your representative have the
right t° appear a~.e 77 ~t such~ ng'
,:,ate,:
Post
Office
PROOF OF MAILING OF NOTICE
NAME ADDRESS
STATE OF NEW YORK)
COUNTY OFSUFFOLK)
SS.:
~7,~. //~-~-~' being duly sworn d~poses and says that on the /~4', day
of ~ ~ - ~ ,19 ~/ , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, cliqected 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 as~ssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ~ /'~. C~, : that said Notices were mailed to each of said persons by
(certified) ~r~gistered) mail. /
Sworn to b, efxor.e~nle this 7/-~-'
dayof ~ ~ /~) ,19 ~
o
UNLESS DRAWN OTtt ER IItlSE. A~L PROPERTIES
ARE WITHIN THE FOLLO'~ING DISTRICTS: