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HomeMy WebLinkAbout1000-86.-7-4 MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board _ 2. Meet with Planning Board ? 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7 . Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions 7 Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) . Advertised Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County' s recommendations 11. Filed covenants and restrictions received • 12. Authorization and signing of map SMITH, F'INKELSTEIN, LUNDBERG,ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFINO AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901 PIERRE O.LUNDBERG FRANCIS J.YAKABOSKI (516) 727-4100 FRANK A.ISLES REOINALD C.SMITH SUSAN POST ROGERS I9YB 19BD December 12, 1986 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Street - Route 25 Southold, New York 11971 Re: Varano v. ZBA Dear Mr. Goehringer: I am enclosing herewith a photostat of deter- mination received this date regarding the above- referenced matter. As you can see, the Board's position was sus- tained, although (as we had discussed) , it is certainly mrs. Varano' s right to seek a hearing regarding the pre-existing use of the garage apartment. Very truly yours, r F C J. YAKAB SKI Enclosure FJY:mo cc. : Robert W. Tasker, Esq. (with copy of enclosure) Cl Iia - 115 MEMORANDUM SUPREME COURT, SUFFOLK COUNTY SPECIAL TERM PART II In the Matter of the Application of, BY LAMA, J.S.C. KATHLEEN B. VARANO, Petitioner, DATED December 8, , 1986 VS . GERARD P. GOEHRINGER, Chairman; CHARLES INDEX NO. 86-11706 GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT CDISPSUBJ J. DOUGLASS and JOSEPH H. SAWICKI, Con- stituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, l Respondent. WILLIAM D. MOORE, ESQ. SMITH, FINKELSTEIN, Attorney for Petitioner LUNDGERG, CRIMMINS & Main Road - Box 973 YAKABOSKI, ESQS. Cutchogue, New York 11935 Attys. for Respondent 456 Griffing Avenue Riverhead, N.Y. 11901 This Article 78 petition seeks to vacate a decision of the Southold Town Zoning Board of Appeals which sought clarification of a condition set forth in a prior decision granting an area variance. Petitioner is the present owner of a lot which was granted an area variance with the following condition: That Lot #3 shall be restricted to one-family use only, with no additional sleeping or living quarters in any accessory buildings (except as may be allowed by legislative action in amending its current zoning code. The lot contained a two-story frame house with a garage apartment when the Board granted this conditional area variance, thus permitting the owner to subdivide a larger parcel into three lots. Subsequently, the prior owner applied to the Town Building Department to obtain a certificate of occupancy for the pre-existing garage apartment. The Building Inspector denied this request because of the condition set forth in the area variance by the Board of Zoning Appeals . Petitioner , upon becoming owner following the death of the prior owner, appealed from the determination of the building inspector to the Zoning Board of Appeals for an interpretation of the S — Page 2 — VARANO v. SOUTHOLD INDEX NO. 86-11706 condition or in the alternative to amend the prior decision to permit sleeping facilities in the garage/apartment. The Board of Zoning Appeals found as follows: . . . .Condition Rendered in the Decision under Appeal No. 3330 shall be interpreted as not allowing any sleeping or living quarters in any accessory building, existing or proposed. The Board did not rule on the alternative relief except to note that a ruling would be forthcoming only after a separate formal application and public hearing. It is within the discretion of the zoning board of appeals to rehear a matter previously determined. Town Law Section 267 subd. 6; Rose v. Zoning Board of Appeals, 143 N.Y.S.2d 740. An appeal to the Supreme Court pursuant to Article 78 of the rehearing determination is proper. Tee T' s Landing Corp. v. Zoning Bd. of Appeals of Town of Huntington, 100 A.D.2d 936, 474 N.Y.S.2d 825. However, petitioner has failed to allege any basis upon which the rehearing determination may be challenged. Regarding the alternative relief to establish the apartment as a pre—existing use, it is within the Board' s discretion to request that this application be made separately, especially since this matter was considered at the original hearing. (See paragraph 7 of Findings of Fact of May 9, 1985 determination).. Therefore plaintiff should seek further adminstrative remedy as to the issue of non—conforming use. The petition is denied. Submit Judgment on notice. ALFRED M. LAMA, J.S.C. Southold Town Board of Appeals MAIN ROAD - STATE ROAD ZS SOUTHOLD, L.L. N.Y. 11971 TELEPHONE 1516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3455 Application Dated January 17 , 1986 (Public Hearing March 13 , 1986 ) TO: Richard F. Lark , Esq . as Attorney [Appellant (s) ] for MRS . KATHLEEN VARANO P .O . Box 973 Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on April 16 , 1986 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 , Section [X ] Request for Interpretation of Condition under Appeal No. 3330 and Building Inspector Interpretation/Letter Dated December 2,1985 Application of KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XI Section -121 (D) [11 for a clarification and/or correction of the interpretation of Building Inspector , of Condition in Appeal No . 3330 rendered by the Board of Appeals May 2 , 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure . Location of Property : 6600 (or 6750 Indian Neck Road , Peconic , NY ; County Tax Map Parcel No . 1000-086-07- 004. WHEREAS, application under Appeal No . 3455 , a request for an interpretation clarifying or correcting the interpretation of the Building Inspector dated December 2, 1985 has been duly filed on January 17 , -1986 ; and WHEREAS, said application requests : (a ) an interpretation of Condition in Zoning. -Board of Appeals Decision in Appeal No . 3330 and Building Inspector ' s interpretation dated December. 2 , 1985 , which states , " . . . That Lot #3 shall be restricted to one-family use only , with no additional sleeping or living„ quarters in any accessory buildings (except as may be allowed by legislative action in amending the current zoning code ) . . . " ; OR, in the alternative , (b) if the Zoning Board of Appeals decides the Building. Inspector ' s interpretation is correct, then to amend the condition contained in Appeal No . 3330 to allow a continued use of the preexisting two bedrooms for sleeping facilities contained in the garage/apartment as an accessory use to the principal dwell - ing on the premises ; and WHEREAS , this board deemed it appropriate that the appeal for the interpretation be considered by this board firstly and that the alternative relief await this action of this board for the appeal of the interpretation ; and DATED: May 14 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3455 Matter of KATHLEEN VARANO Decision Rendered April 16 , 1986 WHEREAS , the board members have personally viewed and are familiar with the premises in question , as well as the surrounding area in this Residential and Agricultural Zoning District ; and WHEREAS , after due notice , a public hearing was held by the Board of Appeals on the Interpretation Request (a ) , supra , and concluded on March 13 , 1986 at the Southold Town Hall , Main Road , Southold , New York ; , and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS, all testimony and written documentation have been carefully considered ; and WHEREAS, the board made the following findings of fact : 1 . The premises in question is located in the "A-80" Resi- dential and Agricultural Zoning District ; 2 . Article III , Sections 100-30 and 100-31 , Bulk Schedule , of the Zoning Code , permit one-family detached dwellings , not to exceed one dwelling on each lot, and does not permit sleeping or living quarters in an accessory structure in this zoning district ; 2 . Article III , Section 100-31 , Bulk Schedule , requires a minimum of 80 ,000 sq . ft. for a lot , and a Variance was granted under Appeal No . 3330 concerning the subject premises from the lot area requirement to allow 76 , 300 sq . ft . for Lot #3 in this pending minor subdivision proposal . 4. Existing upon the subject premises is a single-family frame house , and the subject accessory structure which is depicted as "garage-ap ' t" on survey amended September 6 , 1984 ; 5 . In paragraph numbered "7" of the board ' s decision and findings rendered May 2 , 1985 under Appeal No . 3330 of which this interpretation is made , it was noted that " . . . it is the understanding of the board--that the property has always been used for single-family purposes and therefore does not recognize the accessory structure as a "garage-apartment . " 6 . It is the position of this board that the since the use of the subject accessory building (depicted "garage/apartment" ) was questionable by the Board of Appeals during 1985 when they rendered a decision under Appeal No . 3330 , the subject accessory building as an apartment or sleeping quarters use may not have been legally established and continuously used as such from prior to the enactment of zoning in 1957 up until the time of the board ' s decision , and therefore requires additional relief by the Board of Appeals-Mr consideration by formal application , public hearing , et cetera . NOW , THEREFORE , on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that it is hereby determined that the December 2 , 1985 letter of the Building Inspector is correct and that the May 2 , 1985 Condition Rendered in the Decision under Appeal No . 3330 shall be interpreted as not allowing any sleeping or Page 3 - Appeal No . 3455 Matter of KATHLEEN VARANO Decision Rendered April 16 , 1956 living quarters in any accessory building , existing or proposed. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and Doyen . (Members Sawicki and Douglass were absent. ) This resolution was duly adopted . �FFOCl� T , 'LD s - S � '1 Y Southold, N.Y. 11971 (516) 765-1938 June 13 , 1985 Mr,Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Dominick Varano Minor subdivision Dear Mr, Lark: The following action was taken by the Southold Town Planning Board, Monday, June 10, 1985 . RESOLVED that the Southold Town Planning Board approve the sketch map of Dominick Varano for three lots on 5 .425 ` acres subject to the proposed right-of-way being placed along the westerly property line of Lot No. 2, so the lot would not be divided by the right-of-way. Would you please submit twelve surveys in accordancz with the above resolution so we may make the necessary referrals . When we are in receipt of Article 6 approval, we will schedule a public hearing on this matter. If you have any questions, please don't hesiLate to contact our office. ry truly you�rs�)Q� L,� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary r l 0 Page 2 - Appeal No . 3330 Matter of DOMINICK VARANO Decision Rendered May 2 , 1985 76 , 300 sq . ft . in area . 4 . Proposed Lot 3 is improved with an existing one-family , two-story frame house and an accessory structure which is depicted as "garage-apt" on the survey map as amended September 6 , 1984. 5 . Article III , Section 100-31 and Bulk Schedule of the Zoning Code require a minimum of 80 ,000 sq . ft . in lot area (effective May 20 , 1983 ) . 6 . The relief requested of proposed Lot #3 is approximately five percent ( 5Y) of a variance from the requirements of zoning and which the board finds is not substantial under the circum- stances . 7 . It is noted for the record that it is the understanding of the board that the property has always been used for a single family purpose , and therefore does not recognize the accessory structure as a "garage-apartment . " In considering this application , the board has determined that the relief as requested be granted since : ( 1 ) the relief requested is not substantial in relation to the requirements of zoning , (2 ) the grant of this variance will not be detrimental to the character of the area and will not adversely affect adjacent properties , ( 3 ) the practical difficulties are sufficient , (4 ) in view of the manner in which the difficulties arose , the interests of justice will be served . L Accordingly , on motion by Mr . Grigonis , seconded by Mr . Sawicki , it was �1ESOLVED , that the relief requested under Appeal No. 3330 in the qatter of the Application for DOMINICK VARANO for approval of the lot ar.e_a__of proposed Lot #3 of 76 , 300 sq . ft . , BE AND HEREBY IS APPROVED WITH THE FOLL(kWING CONDITION : ---- That Lot #3 shall be restricted to one- family use only with no additional sleeping or living quarters in any accessory buildings (except as may be allowed by legislative action in amending the current zoning code ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . I GER�.�HR NGE2 , IRMAN May 9, 1985 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1.. N.Y. 11971 TELEPHONE 15161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3330 Application Dated February 1 , 1985 TO: Richard F . Lark , Esq . as Attorney [Appellant (s) ] for DOMINICK VARANO Main Road , Box 973 Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 1985 , 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 [ X] Request for Variance to the Zoning Ordinance Article III . Section 100- 31 and Bulk Schedule (Article I , Section 106-20 ) [ ] Request for Application of DOMINICK VARANO , by R. Lark , Esq . , Box 973 , Cut chogue , NY for a Variance Eo l'F6_ on Zing Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road , Peconic , NY ; County Tax Map Parcel No. 1000-86-07-004 . WHEREAS , a public hearing was held and concluded on April 11 , 1985 , concerning the Matter of the Application of DOMINICK VARANO , and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application including corres- pondence received in behalf of an adjoining property owner dated February 14 , 1985 , and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area , and WHEREAS , the Southold Town Planning at its meeting held March 18 , 1985 , recommended approval of the subject variance application , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in an "A-80" Residential and Agricultural Zoning District , is situated on the southerly side of Indian Neck Road , Peconic , and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 86 , Block 7 , Lot 4. 2 . The subject premises as a whole contains 5 . 245 acres with a total frontage along Indian Neck Road of 249. 10 feet and a minimum width of 195 feet. 3. By this application , appellant proposes a division of land as follows : (a ) proposed Lot 1 of 80 ,000 sq . ft . in area , (b) proposed Lot 2 of 80 ,000 sq , ft . in area , (c ) proposed Lot 3 of ( CONTINUED ON PAGE TWO ) DATED: May 9 , 1985. CHAIRMAN, SOUTHOLD TO ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) 44 c�uFFD(!-n T��t: 4 � D S ��g Y Southold, N.Y. 11971 (516) 765-1938 March 19, 1985 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Dominick Varano Dear Mr. Lark: The following action was taken by the Southold Town Planning Board,Monday, March 18 , 1985 . RESOLVED that the Southold Town Planning Board recommend to the Zoning Board of Appeals that the application of Dominick Varano be approved as the Board noted that there would not be a substantial reduction to the zoning requirements. If you have anyq uestions, please don't hesitate to contact our office. _Very truly yours, BENNETT ORLOWSKI,�R. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc : Zoning Board of Appeals OVIANO 4�GN� h ��* �. C-C^. 1 5 coo SNC -1� P2�--5��- •� P��� c��rtf Lor 7� - �vst �Ocn noNS W s�T-nsaCKs MAY g4aCOM(�- A P�zor,��* � �e�4u��e«vti vA��cNCEs p�s Pek- ZaA -too AeecuUa(- SfOuw b4cr 4"V-" wry -Mg:- GAiPdCiLr-.QPT," dMOc;- ArJ yi snNG Dw WLuWC, 0)4 1 t-07- Gin Southold Town Board of Appeals ` MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ._ ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Office of the Planning Board (Attn : Diane ) FROM: Office of the Zoning Board of Appeals (Attn : Linda ) DATE : March 18 , 1985 SUBJECT: Applications Pending with Z . B .A . and Planning Board To bring you up-to-date and to request your comments or recommenda- tions , the following matters have been filed since our last memorandum to you dated February 8 , 1985 , and will require action by the Planning Board : Matter of Tentative ZBA Hearing - Dominick Varano , by R. Lark April 11th as req . Briden Machine March 28th William and Helen Coster by R. Lark April 11th as req . Joseph Lizewski April l.lth Colgate Design (7-11 , Cutch . ) W. Esseks May 2 Saba/Kislow/Sujeski May 2 Howard L . Young & Wf . May 2 Sobering by P . Cardinale , Esq . May 2 or 23 Vitale May 23 P . Reinhart , R. Bruer, Esq . May 23 H . Conway , R. Bruer , Esq . May 23 or June 13 Perricone & Cimini , R. Bruer , Esq . June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc . /Tetaldi /Tide Mark June 13 or 20 M COUNTY OF SUFFOLK NOV 7 Q� PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS,M.D.,M.P.N. 2 To: �w�./�/Oi✓I> R/w'v /d�J f/e 4/Y// Date COMMI53KlNER ��- S$y 5309,5 �o/q /ieac(• Re:/�i/✓sR Dear �Fii�67J v,1� ✓ F1 ��''� We are in receipt of your letter dated /J-,T 31.,�15� concerning the above referenced project. T PV1. This Department has no objection to your designation of lead agency status. [--7 2. This Department is in agreement with your initial determination. sBB x7r'* y 3. This Department does not agree with your initial determination. See Comments. 094. Insufficient information is available for technical comments. LS35. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) 6. This Department has received an application and it is: Complete Incomplete Other: 7. It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: COUNTY CENTER ,r 548-3318 RIVERHEAD.N.Y.11901 7 Water Supply System LEd' A Public Water Supply System Individual Water Supply System(s) Other: 8. Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Article V and VI. and relevant construction standards for water supply and sanitary sewage disposal . These considerations are to be reviewed completely at the time of application. Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Article XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. �sa0FP11v1"4-/ /m //�lG4//i►q SLC li 3t!/� G07sG Jr on6( 3,') suR0eSeer �f f/cwN /NK(./ 6a l ca.�eG�' QS fVl<Oa/.S .$/-`�'//L Tw�'"- �.��/AY/i./1'MwN T/raw sIG��t i✓b /(enc liin3 yii is - /00 �/11is/�'a.•s 1i's.n s�/'�c ww-Ti/'s Further comment may be provided upon completion of the application review. Name G✓�/r<i .�s���er Phone 33 6 �_ P D T LD S �QL r Y 4„ Southold, N.Y. 11971 (516) 765-1938 November-8, 1984 Mr. David Saland Saland Realty Main Road Jamesport, NY 11947 Re: Dominick Varano Subdivision at Peconic Dear Mr. Saland: The Board reviewed the above mentioned subdivision at the regular meeting of November 5, 1984 . It was noted that an application has not been made. to the Zoning Board of Appeals for the undersized lot in the proposed subdivision. The Board recommends that this be done prior to any further action. Please see the building department in order to obtain the necessary forms and procedure for applying to the Board of Appeals. If you have any questions , please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department Zoning Board of Appeals r Full( P D T D S Y Southold, N.Y. 11971 (516) 765-1938 October 9 , 1984 David Saland Saland Realty Main Road Jamesport, NY 11947 Re: Dominick Varano subdivision at Peconic Dear Mr. Saland: The Planning Board reviewed the above mentioned application at the regular meeting of October 8, 1984 . It was the consensus of the Board that prior to any action or recommendation, a field inspection will be made . It will also be necessary for you to apply to the Zoning Board of Appeals for an area variance on Lot No. 3 . Please see the Building Department for the forms and procedure for applying. If you have any questions , please don't hesitate to contact our office . Very truly yours, BENNETT ORLOWSKI,JR. , CHAIRMAN S-OUTHOLD TOWN PLANNING BOARD 0rtai,S2Sk.4-j 4c.d,r,M By Diane M. Schultze, Secretary cc: Zoning Board of Appeals GuFFair G x Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD - MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Bennett Orlowski , Jr . , Planning Board Chairman FROM: Jerry Goehringer , Board of Appeals Chairman DATE: February 8 , 1985 SUBJECT: Applications Involving Planning Board We would like to bring you up-to-date and to request your comments or recommendations on each of the following matters recently filed with our office prior to the advertising deadline , if possible . (Once our hearing is concluded , no additional input legally can be accepted for consideration . ) Date Filed Matter of Tentative Deadline 2-1 -85 Dominick Varano (Subdivision ) 3-4-85 1 -28-85 Emilia T. Pike (Subdivision ) 3-4-85 1 -29-85 Briden Machine (Site Plan , etc . ) 3-4-85 1 -28-85 Wm. & Helen Coster ( " " ) 3-4-85 1 -9-85 Joseph Lizewski (Hearing 3-7-85 ) 1 -9-85 Colgate Design (7-11 , Cut ) (Hearing 3-7-85) 12-4-84 Cutchogue Free Library (Hearings 2-14-85) 2-8-85 Saul Millman (Spec . Exc . & Var ) 3-4-85 12-31 -84 Bayview Development Corp . 3-4-85 The following matters have received your responses and have been arranged to be held for hearings in the immediate future : Thomas Perillo (Hearing 2-14-85 ) Robert and Aldona Norkus (Hearing 3-7-85*) John and Frances DiVello (Hearing 3-7-85*) Alice D. Currie (Hearing 3-7-85) Meehan and Leonardi (Hearing 3-7-85 ) of P SII r T OLS D w � S F� Y Southold, N.Y. 11971 (516) 765-1938 October 31, 1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Long Enclosed find a completed $d>=tK Environmental Assessment Form and a copy of the map of the minor .subdivision of Dominick Varano, located at Peconic, tax map no. 1000-86-7-4 . This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination. _ May we have your views on this matter. Written comments on this project will be received at this office untilNovember 14, 198 4. We shall interpret lack of response to mean there is no objection. by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN SO�UTHO/LD TOW/1N PLANNING /BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services • 7`N OF SOUTHOLD �PI v ! 21 t4AA y � t ENVIRONMENTAL ASSESSMENT — PART I PROJECT INFORiMATION `IOT:C' This docu nt 4s designed to assist in dete...i ning whether .e action proposzd may have a significant effect 3n the envirenmenc. Please camolate the entire Java Sheet. Answers to these ^uestions dill be consiaer°,d as cart of the aoplicatian for approval and may be subject to further verification and public r-view. Provide any additional information you believe will be needed :o comolete ?ARTS 2 ana 3. a is exeec ed tnac czmolition of the EAF will be dependent in information currently available and will not involve new mates, rmaarm or investigation. If inforca:ion reouiH ng such aaditional .ark is_unava'.�able, so indicate and specify taco instance. ry1Hc_ IF PgOJECT: ume AHO .ACCRESS OF OWNER ilf Olf?erent) Woo / Mame) AOpRESS 1170 :iXIT OF APM_IC.i71T: Street, . Dr. Domonic Varano P.9., Seatai, l.ip ..am-e 1024- 79. Street 3US!NESS ahOvE: 11228 .• .j ( tato) (ciPl - OECRI?Tr0'! OF PPO.,ECT: (3riefly describe type of project br actian) 3 O T tis O tL SstC34a�J. i%E'Xi3ItW .!Y oi4 t LdW) (PL:YSE COMPLETc' EACH C,UEStIO:i - Indicate 3-A. if not apblicaole) :.YRIPTi0.1 (Physical sato, of overall project, bath develoced and =develcoed areas) 1. General character of the land: Generally unifora slate �_ Generally uneven and roiling or_irr_gutar Z. Present '.and ase: Urhan Industrial Conmerd al _. Suouraan _, Rural .,'Forest -•:�.�:. ., . ,. Agriculture Oilier t �B3ir>��tGcr� 3. Total acreage of project area:5.4 acres: Aooroximate acreage: Presently AfterComptat'on Presently After Cgmoletion Meadcw or 3rusnland acres _ares Yater Sur."ace 'rea '_acres acres =orestad _acres 4acr2s ,nvegetaced 'mcx. earn or fill) _acres _acres .3ar•cuitural acres Kres —� idada, buiidirgs Hettand (-resnwatar or - and ^.:ger paved rldai as ter Art,::es - sur'icnAcres adzes ager (:natca:aryoe) _acres _acres a. what is oreccmrnanc sail type(s) on iroject ;i:a? 5 A*+ clY 5. a. Are chere bedrock :utcrc-O ngs bn project s::A? =es �_lo i. What is 1.42atn :3 IedricX? fin 'a•-t) - 3iLtla _ - _ .. _ . 5..... fol ,_ y✓`r; r "Zr* 6. Approximate percentage of proposed project site with slopes: 0-105,,5: 10-155 2. :; IS.' or "•• greater _:. 7. Is project contiguous to, or contain a building or site listed on the National Register of Historic Places? Yes C No 8. What is the depth to the water table? j6-ZSfeet 9. Oo hunting or fishing opportunities presently exist in the project area? Yes X No 10. Does project site contain any species of plant or animal life that is identified as threatened or endanezred - Yes1o, according to - Identify each species 11. Are there any unique or unusual land forms an the project site? (i.e. cliffs, dunes, other geological formations - Yes �_No. (Describe ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area - _Yes Y, No. 13. Does the present site offer or include scenic views or vistas known to be important to.the community? Yes _J�_No 14. Streams within or contiguous to project area: - a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Wetland areas within or contiguous to project area: a. Name ; b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g'. single family residential, R-2) and the scale of development (e.g. 2 story). B. PROJECT D-ESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor S.4 2 S acres. b. Project acreage developed: is aeras initially; ALtr ams ultimately. e. Project acreage to remain undeveloped o d. Length of project, in miles: if appropriate) --•- e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age — ; developed acreage f. Number of off-str--t parking spaces existing — proposed g. Maximum vehicular trips generated per hour -- (upon completion of project) h. If residential: Number and type of housing units: dne•Family Two Family Multiple Family Condominium Initial i Ultimate 3 i. If: Orientation Neighborhood-City-Regional Estimated Employment Commercial Industrial j. Total height of tallest proposed structure __ZL9 feet. `wt 1984 How much natural material (i.e. rock, earth, etc.) will be removed from the site - 0 tons ` cubic yards. 3. How many acres of vegetation (trees, shrubs, grounc' covers) will be removed from site - 0 acres. 4. Will any mature forest (over 100 years old) or other locally-Important vegetation be removed by this project? Yes --&-40 S. Are there any plans for re-vegetation to replace that removed during construction? Yes _No _ 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phasgd project: a. Total number of phases anticipated NO. b. Anticipated date of commencement phase 1 month _year (including demolition) e. Approximate completion date final phase month _,year. d. Is phase 1 financially dependent on subsequent phases? Yes No 8. Will blasting occur during construction? _Yes No 9. Number of jobs generated: during construction after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities) Yes X _No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? X Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) 5 E y.f A G c— c. e. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface water-ways be increased or decreased by proposal? Yes No. 14. Is project or any portion of project located in the 100 year flood plain? Z7*— Yes No 15. a. Does project involve disposal of solid waste? Yes 71No b. If yes, will an existing solid waste disposal facility be used? Yes No C. If yes, give name: ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? __Yes No 16. Will project use herbicides or pesticides? _Yes K 40 17. Will project routinely produce odors (more than one hour per day)? Yes X No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes 7, No 19. Will project result in an increase in energy use? Yes X No. If yes, indicate type(s) 20. If water supply is from wells indicate pumping capacity gals/minute. 21. Total anticipated water usage per day _ 9als/day. 22. Zoning: a. What is dcminant 'zoning classification of site? b. Current specific zoning classification of site e. Is proposed use consistent with present zoning? d. If no, indicate desired zoning .3- 26. Approvals: a. Is any Federal permit required? Yes %No b. Does project involve State or Federal funding or financing? Yes _ CLNo c. Local and Regional approvals: Approval Required Submittal Approval (Yes, No) (Type) (Date) (Date) City, Town, Village Board City, Town, Villace Planning Board `c T. f%..00. city, Town, Zoning Board % r. Z. 6 9. City, County Health Department Other local agencies _ Other regional agencies State Agencies Federal Agencies _ C. INFOMTIGNAL DETAILS Attach any additional informaticn.as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid the PREPARER'S SIGNATURE: TITLE: f REPRESENTING: DATE: ' 1 FORM NO.3 211984 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL-}, / Date . .Z f ',' To . . .1 J.O,.u4. • a�QM -. . . . . . . . llll .. . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . �il. . . . . . . . . . . . . . . . . . .. 19 .R . for permit to S '� tw!-L . . . . . . .p. . . . . . . . . . . . .oe. . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property .�?_15� „,�+cw. • c,{c .. . . .�A c.M e. . . . . . House No. Street '11 Hamlet Lot_.County Tax Map No. 1000 Section . . . 0.$�O. . . . . Block . . . .1. . . . . . . . . Lo ..1� . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . OZ W& �. . . DIO -'-;X o . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building inspector II RV 1/80 ' I SEP 211984 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Varano Woods Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, l [ 2-2) Agent for Dr. Domonick Varano BSEP 2 1A� • APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) \ I 2. The name of the subdivision is to be ........ ..A-c. ..... � 5• . ................................................................................................ 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows Liber ......9.74. .... Page ...... .. ....... On P�?... 3 d Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ................. ..... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ... .................................... or as distributee ........................................................................ ................................................................................................. S. The area of the land is 5..40:........ acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ ............... ........................../.�...../................. ................................ 7. The land is encumbered by ...... .'r ... .. .................................. . mortgage (s) as follows: (a) Mortgage recorded in Liber _ . - . Page ... ::..:... ... . in original amount of $. .. .. .... ..... unpaid amount $ ..... . .. . . . . ... . .. .. . held by .............. address ......... ......... .......... .. .. ............ ................ ..... (b) Mortgage recorded in Liber . ...... .. Parc . .. .. .. .. ....... .... ... in original amount of ... .... ....... unpaid amount $. ..... . .. . . .. .. .. ..... held by ......... .............. address ................. .. . . . . .. .. .. .................................. (c) Mortgage recorded in Liber ........ ...... Page . . ..... ...... ... in original amount of ... ........... unpaid amount $. .. ... . .. . . .. .... .. .. . held by . ...... ............... ..................... . address ..... ...... .. .. . . .... . . . . .. .... ........�OI/f ....... 8. There are no other encumbrances or liens against the land except ................ .... ................... ........ .. .. ............ . ... ...... .. .. .............................. 9. The land lies in the following zoning use districts ..... ...:...... GR ' A� ................... ................... ................ .................. .... .............................. . 10. No part of the land lies under Hater whether tide water, stream, pond water or otherwise, ex- cept .................................... .. .... .... ........ .. ........................... 11. The applicant shall at his expense install all required public improvements. 12. The land (daso (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . ............................................................. 13. Water mains will be laid by ..... .. ............... ................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .,L 1 L C d ...... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by .......=. .... ............................................... and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 333 of the Real Property Law. 21. Submit a copy of proposed deed for lots showin;; all restrictions, covenants, Ltc. Annex Schedule "D". • 22. The applicant estimates that the cost of grading and required public improvements will be $,........ . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". �. . DATE ... /. 191!r7.t1 �D�i Mt ekL- Y ZQi✓� . ... .. . (Name of Applicant) By .Q � ... . ���►-- (Signature and Title) (Address) ^� , t' 2— STATE STATE OF NEW YORK, COUNTY OF .,.�••••••••••••••. ss: On the .......1(........ day of. ..... ....., 19.4. , before me personally came v±u yQi,� O -:... to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .,e&... . executed the same. r Notary Public SUSAN M. CAAMNALIE . WrW PUBLIC. Slate of New York No. 52-4619�440, Suffolk County Oammkeion 6afrea March 30, I STATE OF NEW YORK, COUNTY OF ..... ... . ................... ss: On the ... .. ........... day . .. ...... ... of . . .. . .......... 19. .. ..., before me personally came •, • . •................... .to•"me known, who being by me duly sworn did de- pose and say that ......... ... resides at No. ..... . . ...... .. . .................................... . . . . . . . . .. . . . . .. . ............... . that . ...... . . .. . . .. .... .. .. .. . is the . .... ..... ..... .. .. .. .. .. .. . of . . ... .... ......... . .... .. .. . . . . . ... . . . . .. .. .. .. .. ...... ... ...... .. ....... . the corporation described in and which executed the foregoing instrument; that ... ...... ... knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :uul that . . . .. . . .. . . . signed . ...... .. .. .. . name thereto by lilac order. . .. .. . . .. . . .. .. .. .. .. .. .. .........:.......... 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