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HomeMy WebLinkAbout2717 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: