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Home My WebLink About4281 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: November 2~ 1994 APPL. #4281. APPLICANT: KATHLEEN VARANO and Others (Riehard F. Lark, Esq.) LOCATION OF PROPERTY: 6600 Indian Neck Road Peconlc, NY. COUNTY TAX MAP DISTRICT 1000 SECTION 86 BLOCK 7 LOT 4. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/27/94. "Areas of accessways to rear lots cannot be included in lot areas and ...proposed lots will have insufficient lot area and building envelopes]setbacks which will not comply with recluired setbacks for this district. PROVISIONS APPEALED FROM: Article XXIII, Section 100-235B, Artidle III, Section 100-32 (Bulk Schedule) RELIEF REQUESTED: Proposed Lot 1: 75,300 sq. ft. lot area and front yards at 60 ft. from Indian Neck Road and 50 feet from private right-of-way, 50 ft. rear yard, 20 ft. side yard; Lot 2: 80,000 sq ft. lot area inclusive of ROW strip, setbacks at 50 front and 50 ft. rear; sides 20 and 25; Lot 3: 81,000 sq. ft. lot area inclusive of ROW strip, all as shown on survey amended August 31, 1994 prepared by Roderick VanTuyl, P.C. MOTION MADE BY: Gerard P. Goehringer, Chairman-Member SECONDED BY: J~mes Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted relief requested as noted above. Same condition as former ZBA resolution still applies: "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)." REASONS/FINDINGS: Property received former variance approval under Appeal No. 3330 on May 2, 1985 and former Pionning Board sketch approval for similar lot size(s) with different configuration. Character, shape, narrow width, and topography of this 5.424 acre-parcel lend to unusual circumstances and need for variances. No alternative is available for lot sizes or alternative access. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, ChAirman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-~ /~/ lk / GERARD P. GOEHRINGER, CHAIRM~N ,~ECEIVED AND FILED BY TIlE SOUTHOLD TOWN Cr.~.~l DATE [I ]/Llqq HOURI ~own Clerk, Town of Sou~ol~ ~ NOTIC~ IS HEREBy,'GI~, S~t~ld, t~t the fullow~g public SOUW~OLD TOWN BOARD OF ~ m ~e ~u~uld Town 53095 Main RoaR. Southald. New ~or~ }1971, on WEDNESDAY, 1. ~:3~ p.m. AppL No. 4275 ~E ~TO8. R~uest for a 30A.4 {~L 100-33) for pe~issi~l to ~own ~ 180 C~ule R~ Southold. NY; County Tax Map Parcel No. ~&d ~m of 35 f~t. % s p~- ~¢~ & ~r lot with two ~nt ~[Rs a total lot area of ap- ~ximatuly 17,500 sq. ft. and ~ow~ ~ 50 Rogem Ro~, Sombold, ;¢NY; County Tax map Parcel No. ?~7~. 7:55 p.m. App~ No. 4278 OWEN MORRO. Request for a -~nee under Article, III, Section ~ 1~33 for pe~issio~ to coaster ~casso~ ~e buiMing n an ~ea in the Agricultural- Zone District. No. 4280 addition to dwelling with aL'? k at less than the required ten feet from the easterly side proper- Tax Map Parcel No. 1000-5% The subject premises is a sub- containing 17,011 sq, ft. total lot area, ~:~ig 805 p.m. Appeal No. 4281 ~.~!HLE~N YAR3uNO. Request.o ~V;~mce under A~icl~ XXIIL Secnon 100-235B, and Article III, Section 100-32 (Bulk Schedule) for msaffi- modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a V~riance to establish building eD- the setbacks shown cio not comply with the principal setback require- meats for this R-80- Residential Zone District. Location of Proper~y: 6600 Indian Neck Road, Peconic, NY: .county Tax Map parcel No. 1000-86~ 7-$: Subject premises consists of 5.3~* The Board of Appeals will at s~tid time and place hear any and all per- sons or repmsentafiees desiring to be comments may also be submitted prior wthe conclusion of the subject hear~ the times designated above. If you wish to review any of the above files or would ike to request more informa- tion, pice. se do not hesitate to call 765- 1809 or visit our office. Dated October 17, 1994. BY ORDER OF THE SOUTHOLD TO!VN BOARD OF APPEALS CHAIRMAN STATE OF NE~.YORK) ) SS: COUNTY OF SUFFOLK ) ~of Mattltaek, la said County; being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MaRituck, in the Town of Southold, County of Suffolk and State of New York, and that ~he Notice of which the annexed is a printed copy, ha~ been regularly published in said Newspaper once each week for ~ weeks any Principal Clerk / /~¢~F ~/.JL~<_...~ . ', /2/ Not Public ~I~Y DIANA F~IER ~ fl~MY PUBLIC, STA~ OF N~ YORK NO. 524655242, SU~ ~UN~ Swo~ to ~fo~ me ~ ~ 7~ TOY~q~I OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated County Tax Map No. 1000 Section .... ~.~. ...... Block .... .7. ~ ....... Lot ........... · Subdivision ................. Filed Map No. t ......... L · ' '~'' ...... ot No.../ .............. is returned herewith and disapproved on the following grounds . . . ~/ ~ - .. ~ ~ '~"/----~".~.. ~~~=..~.~..~,. ~ ..o .c'...//:-. '~ "~'~ ' ' ~'~'~;~:~'" ~'~ ...... ~'<~ ~'.:~ · .F'/~.: ..... ~ , . ~, :, .- · · .~,,~-.~. ...~ .. , ~ ~. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 BOARD OF HE^LTl! ......... 3 SETS OF PLANS ....... ,. SURVEY .................. CIIECK ................... SEPTIC FORH ............. NOTIFY: CALL .................. HAIL TO: Approved 19 Permit No ................... Disapproveda/c ~/j.~..~/~' ~. ~ 't' O']OH.I~6~.-'O'~v~n't'''~: ...... · ' ................... . ' , (Building Inspector) ": g ~ ~ ~ ~ Date ~.e.p.¢¢l%b.~<. 1.4.~ .., 19.94 INSTRUCTIO NS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. e. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing ~ode, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. __. . . . . . (Si°nature of applicant, or name,'i'f a corporation) ...... u .... -.V ........ (Mailing address of apl~licant) / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of oxvner of premises . . Kathl~ert VOr~,r~o (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) B dder s Lmense No .......................... Plumber's License No ......................... Electric an s License No .... Other Trade's License No ...................... I. Location of land on which proposed work will be done .................................................. Indian Neck Road Peconic [louse Number Street Hamlet County Tax/vlap No. 1000 Section ...Q .8.6...0. Q ........ Block ...Q7., .0.0 .......... Lot ..... 0. Q4,9.0.0 ...... Subdivision ..................................... Filed Map No. Lot (Name) .................... 2. State existing use and occupancy of prom{scs and intended use and occupancy of proposed constructi,'-a: Existing use One famil residence and vacant land' a. and occupancy .............. Y. · b. lntended building lots as 'shown : use and occupancy .. ~ubdi3;~c]~. i.n. to three o'~ 3. Nature of work (check which applicable): New Budding .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... · (Descr/,ption) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ · If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories .............. '. ....... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ '9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ...JulT..].$ ,..1,9. $8 ........... Name of Former Owner . .D.qm. $Ixi.c.k..¥'.a~:.a.n. 9 .......... 1 1. Zone or use district in which premises are situated ..... R.-.8. Q ........................................... 12. Does proposed construction violate any zoning law, ordinar~ce or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises Ka.th2.e~.V...m:.aBp ..... Address 1024 79th Street ... " t718~ 833 2110 Name of Architect .................. i ........ Address Brooklyn, ~ 11~2[~ Name of Contractor .......................... Address ................... Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes ........ No ......... *If yes, Southoid Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimer~sions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. SEE ATTACHED MAP OF CLUSTER SUBDIVISION PREPARED FOR KATHLEEN VARANO BY RODERICK VAN TUYL, P.V. DATED AUG. 31, 1994. STATE OF NEW YORK, COUNTY OF.~UFFDLK ....... S.S ....... .RICI:tA.RI~. F....I~AP4< ........................ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. ~.ttorne~ for He is the ..................................................................................... (Contractor, agent, corporate officer, etc.) 10~ said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work wdl be performed in the manner set forth in the application filed therewith. Sworn to before me this ....... 1.4. th .day of September 1994 Notary Publ c ..... Suff. q.l.k ......... County ~~/~'~ ' ~ /Y ........ '~ N~tary Public }~m~ub~!.~:~lbk~ye~ _.. ~ F..Lark, ' ~ ._(S~g-ature zf ..... ~ ' APPEAL FROM DECISION OF BUILDING INSPECTOR R EC EIV~D TOWN OF SOUTHOLD, NEW YORK OgT ! 3 1994 ^PPEA .o. / Southold Town ClerIeDATE ~.e.E.t:..e...m..b..e..~....2.~9.¢ 1994 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. -~ 1, (~ ....... .~..~..~ ~..~. ~.~...~.....Y..A...I~_ .~...O. ...................... of ........ .1...0,2...4....7...9. ~..b:...S..~ ~.e..e...'g. ............................. Name of Appellor~t Street and Number ........................ .~..~.o...o..k...Z.~ ................................................... ~.e..~.....Y...o.~.k.. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......... ..N../..A. ................... DATED ..... $..e.p..t..e...m..b...e.~...2.?..~....];...9..9...4. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Kathleen Varano Name of Applicant for permit of 1024 79th Street Brooklyn New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Indian Neck Road 1. LOCATION OF THE PROPERTY ~::o~.(~,..New..York ......... ~..~.~.~;....~..§.J:.~..e~....~.'..a.~...{.~..7.8.0) Street /Hamlet / Use District on Zoning Map Kathleen Varano, Kenneth J. Varano, District ]000 Section 86 8]0ck 7 10t 4 ~ . .......... . ....... ..uu~re~ 0wnerMark Varano & Sol R. Varano Mop No. Lot No. Prior Owner Dcminick Varano 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 and Article XXIII Section 100-235 B. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) 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) (ta~m~q3a~ been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No ....... .3..3...3..0. ................. Dated ......... .~...e..b..r..g..8...z:.~...~.~.....]:.?..8..5. ....................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) An amendment to existing Variance (Appeal No. 3330) is requested ~or the reason that Petitioner is desirc~s of obtaining a subdivision of tb~ property into three lots, Lot No. 1 containing 75,300 sq. ft.; Lot No. 2 containing 80,000 sq. ft. including the 15 ft. accessway portion of the lot (73,400 sq. ft. without); and Lot No. 3 containing 81,000 sq. ft. including the 15 ft. accessway portion of the lot (68,200 sq. ft. without). See Cluster Subdivision Map Prepared for Kathleen Varano, prepared by Roderick Van Tuyl, P.C., dated July 23, 1991 and amended August 31, 1994, which is attached hereto as Exhibit A. ~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ or unn~es- sory HARDSHIP becau~your Petitioner is one of the owners of a parcel of land containing 5.425 acres on the southerly side of Indian Neck Road, Peconic, New York. Lot Nos. 1 and 2 are vacant and Lot NO. 3 contains an existing one-family dwelling and a detached garage. The Southold Town Board of Appeals on May 2, 1985 granted a variance (Appeal No. 3330) to Kathleen Varano's husband, Dominick Varano, for the division of the land so that Lot Nos. 1 and 2 were to contain 80,000 sq. ft. in area and Lo~ No. 3 to contain 76,300 sq. in area. A copy of the Action of the Zoning Board of Appeals is hereto as Exhibit B. ft. attached On June 10, 1985 the Southold Town Planning Board approved 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 Nos. 1 and 2. A copy of the resolution of the Southold Town Planning Board is attached hereto as Exhibit C. (CONTINUED ON ATTACHED RIDER) 2. The hardshipcreatedis UNIQUE andisnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the Petitioner's property with or without the existing variance is larger in area and width than most of the surrounding residential lots in this neighborhood. Due to the width of the property and the enactment of Article XXIII Section 100-235 B. of the Southold Town Zoning Ordinance on January 10, 1989, which was subsequent to the existing variance granted on May 2, 1985, three residential lots cannot be created without the granting of this variance application amending the prior variance granted by this Board (Appeal No. 3330). 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because when the minor subdzvzszon is finally approved it will contain three residential lots and as a result of the amendment to the existing variance there will be no increase in the density of three lots as only the property lines are being changed to allow the accessway as shown on Exhibit A. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ........... .2. .9. , ,t, h. .......................... day of ,.Sf~P.~.e....m~...e...r. .................. 19 94 Notary Public APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, BY KATHLEEN VARANO RIDER TO QUESTION NO. 1. Subsequently, Dominick Varano died on October 11, 1985 leaving the property to his wife, Kathleen Varano and his children, Kenneth J. Varano, Mark Varano and Sal H. Varano. Suffolk County Department of Health Services approval was obtained on September 22, 1989, a copy of the map with the stamped approval is attached hereto as Exhibit D. The required Covenant by the Suffolk County Department of Health Services dated August 29, 1989 and recorded in the Suffolk County Clerk's Office on September 20, 1989 in Liber 10933 Page 106 is attached hereto as Exhibit E. It is your Petitioner's intention for estate planning purposes to have Lot Nos. 1, 2 and 3 given to each of her three adult children, Kenneth J. Varano, Mark Varano and Sal R. Varano. Due to the topography of the property, taking into consideration the overall size, shape and the location of the existing dwelling it is virtually impossible to convey the property to Petitioner's children by any other method then subdividing the property into three lots. The original application to subdivide the property into three lots was lost by the Southold Town Planning Board and Kathleen Varano filed another application dated September 19, 1990, a copy of which is attached hereto as Exhibit F. Due to the enactment of §100-235 B. of the $outhold Town Zoning Ordinance on January 10, 1989, the Southold Town Planning Board allowed the layout to be redesigned with two interior flag lots with accessway of 15 feet for Lot Nos. 2 and 3. However, each lot must contain 80,000 sq. ft. not including the area of the accessway. A copy of the letter from the Southold Town Planning Board dated November 7, 1990 is attached hereto as Exhibit G. Since the original variance was granted prior to the enactment of §100-235 B. of the Southold Town Zoning Ordinance, it is requested that this Board grant your Petitioner a variance to the zoning ordinance to either §100-235 B. and to allow the transfer of the existing variance of Lot No. 3 of 76,300 sq. ft. to Lot No. 1 of 75,300 sq. ft. and proposed Lot No. 2 will contain 80,000 sq. ft. including the accessway and proposed Lot No. 3 will contain 81,000 sq. ft. including the accessway; or §100-32 to allow three lots with Lot No. 1 containing an area of 75,300 sq. ft., Lot No. 2 containing an area of 73,400 sq. ft. not including the accessway and Lot No. 3 containing an area of 68,200 sq. ft. not including the accessway. Your Petitioner's difficulty cannot be obviated by any other viable alternative. Considering all of the above it is submitted the interest of justice will be served by granting of this amendment to the existing variance. Therefore, it is requested that the Southold Town Board of Appeals grant your Petitioner the variance to accomplish this revised lot layout. This is not a substantial request as there will be no additional yield and is only a rearrangement of the property lines to accommodate the accessway for Lot Nos. 2 and 3. /~.- ?~-'7= ~z TOWN OF SOuTHoLD- 'RECORD :~CARD OWNER DISTRICT SUB. LOT :: ~FORMER OWNER ~ TYPE OF BUILDING ,./t ~ /~e//- ~.~ MISC. LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW Farm Tillable I Tillable 2 Acre Tillable 3 Woodland Swampland Brushland ABOVE Value Per Acre Value ~t. Walls ~ Interior Finish FirePlace / He~ / Porch Rooms 1st Flor Patio Rooms 2nd Floor /'Driveway TOWN OF SOUTHOLD ~ ~? BUILDING DEPARTMENT TO~,¥N CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL County Tax Map No. 1000 Section .... 4~.~. ...... Block .... .~. ........ Lot ... ~... Subdivision ................. Filed Map No. : ............. Lot No .z ........... is returned herewith and disapproved on the following grounds ~ ~ · · ~~..~.~~ .~.~. · .~.. 1/80 .'.~ ~ub. Sl, 1994. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOLJTHOCDo L.I., N.Y, 11c~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3455 Application Dated January 17, ]986 (Public TO: Richard F. Lark, Esq. as Attorney for MRS. KATHLEEN VARANO P.O. Box 973 Cutchogue, NY 11935 Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April ]6, 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 2B0-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section ix] 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 lO0-121(D)[1] for a clarification and/or correction of the interpretati'on 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, ]986; and WHEREAS, said application requests: (a) an interpretation of Condition in Zoning.Board of Appeals Decision in Appe~al No. 3330 and Building Inspector's interpre.tation 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 bull.dings (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 ~e Building Inspector's interpretation is correct, t.hen 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. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD 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 Zpning District; 2. Article III, Sections 100-30 and lO0-31, 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 lO0-31, 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, an~ktherefore requires additional relief by the Board of Appeals~or 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, 1986 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. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN ~l. JONES, A.I,C.P. DIRECTOR OF PLANNING Nover~er 22, 1994 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission 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. APPlicant(s) Municipal File Number{s) Fabb, Thomas 4272 Grefe, Mary Anne 4274 Matos, Rene 4275 Moyer, Dale & Stacey Wagner 4276 Arnold, A~ne L. 4277 Morrell, Owen 4278 Latham, Joan 4279 Mulholland, John H. 4280 Varano, Kathleen~/ 4281 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 30, 1994 Richard F. Lark, Esq. Main Road P. O. Box 973 Cutchogue, N.Y. 11935 Re: Appl. No. 4281 - Kathleen Varano and Others (Variances) Dear Mr. Lark: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Lucy Farrell Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article X_TV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follc~ing to the Suffolk County Planning Cu~uglssion: XX Variance from the Zoning Code, Article XXIII , Section 100-235B Article III Section 100-32 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4281 Applicant: Kathleen Varano Location of Affected Land: 6600 Indian Neck Rd., County Tax Map Item No.: lO00- 86-7-4 Within 500 feet of: Peconic, NY XX Comments: leaving Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines; or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to sub-divide property 10ts with insufficient lot area and building envelopes/setbacks Copies of Town file and related documents enclosed for your review. Dated: November 15, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD November 15, 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Richard F. Lark, Esq. Main Road, P. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4281 - Kathleen Varano and Others (Variances) Dear Mr. Lark: Please find enclosed a copy of the determination rendered by the Board of Appeals at our November 2, 1994 Regular Meeting and filed today with the Town Clerkts Office concerning the above application. A copy of this determination has also been furnished to the $outhold Town Building Department and Planning Board offices for their updates. Also, due to the proximity of this project wilhin 500 feet of a waterway, State or County Road, we have tr~n-~mitted copies of the variance file to the Suffolk County Department of planning for their determination as required under the Countyts Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will tr~n.qmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Planning Board Suffolk County Department of Planning /~A TI,-t L EE N ~ ~,~l~ol;t.~-, ,w. ,/. Patricia G. Rushin 601 Queen Street Alexandria, VA 22314 October 30, 1994 re: Appeal # 4821 by Kathleen Varano Ms. Linda Kowalski Board of Appeals, Town of Southold Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Linda~ Thank you so much for keeping me up to date on the Varano variance, appeal number 4281. I am distressed that I win not be able to attend the hearing on November 2. Your letter of notification awaited me as we returned from taking care of some financial and legal affairs of my mother-in-law's in Georgia. Due to business here in Virginia, I, unfortunately, will not be able to travel to Long Island around November 2, but would like to express some concerns about Mrs. Varano's zoning variance appeal. My mother will not be able to appear as she is physically handicapped. Neither my sister nor I were aware of the original request by Dr. Varano in 1985. my father was seriously ill at the time and has since died; therefore we do not know whether he responded or not. At this time my mother, Patricia D. Guinan, my sister, Pamela G. Mottley, and I, Patricia G. Rushin, are co-owners of the property adjoining the Varano property on Indian Neck Lane, sharing a common property line along the entire eastern side of the Varano property. The three of us are quite concerned at the prospect of Indian Neck becoming dotted with undersized lots increasing the population on the road and on the beach. Indian Neck already supports a public beach within a few hundred feet of both of our lots and a public boat landing at the foot of our driveway, only a few feet from the Varano driveway. Patricia G Rushin p~e2 Varano Appeal # 4281 The current 2 acre single family dwe]lirxg ruling was made to protect the existing quality of life and property privacy and values in our neighborhood. Actually, virtually all of the houses at that end of Indian Neck Lane occupy lots larger than the required 2 acres, making that end of the road and neighborhood even more private and desirable. The Varano request for 3 dwelling lots is almost a 10% variance overall but also, distressingly calls for an additional variance from existing codes by allowing a 50 foot building setback instead of the 75 foot setback required for an 80,000 square foot lot. I realize that the existing, bay front house is probably "grandfathered" but certainly all new buildings and lots should conform to current standards. We are very concerned about losing the privacy, quiet, and uncongested ambience that our family has had at that location for the over 50 years our family has owned our property. The current zoning is the reason all of these properties are attractive, hold their value, and were bought in the first place. These are the reasons we are such good neighbors. The North Fork has been fortunate that bodies such as the Southold Town Board have maintained the tranquil and rural aspects of the area rather than allowing our area to go the way of the South Fork. Keeping large farms intact is part and parcel with maintaining larger plot residential areas where we are fortunate to still have them. We are in sympathy with the Varano family estate planning desires but do not believe the number of children should have any bearing on the number of building sites that should be allowed. We also firmly believe that the wooded, unbuilt areas of all of our properties need to be protected for the enjoyment of us all. On behalf of my mother, my sister, and myself, we ask that current zoning codes concerning minimum lot size, setbacks, etc. be upheld in Appeal # 4281. The three of us regret our inability to be at the hearing next week and look forward to hearing of your decision. Since~y, PLANNING BOARD MEMBERS Richard G. Ward, Chairmen George Ritchie Latham, Jr. Bennett Ortowski, Jr. Mad~ S. McDonald Kenneth L. Edwards TO: FROM: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Gerard P. Goehringer. Chairman Zoning Board of Appeals Melissa Spiro. Planner Proposed Minor Subdivision for Kathleen Varano SCTM# 1000-86-7-4 DATE: October 27, 1994 Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yo~, 11971 Fax (516) 765-3136 Telephone (516) 765-1938 In response to your request, please find the following comments from the Planning Board: The total area of the property is sufficient to support three lots (one with the lot area variance previously granted by the Zoning Board, and two additional lots.) However. due to the requirement in Section 100-235 of the Town Code. which requires that the access way for flag lots be excluded from the lot area. additional lot area variances are necessary to subdivide the subdivision as proposed. The Planning Board does not have any objections to the layout shown on the proposed subdivision map dated August 31. 1994, The Planning Board classified the action as a Type 1 action since it is located within 500 feet of a Critical Environmental Area. and started the Lead Agency coordination on October 3. 1994. If all is in order, the Planning Board will proceed with the SEQRA determination on November 14. 1994. BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of KATHLEEN VARANO CONFIRMATION OF POSTING Roadt BARBARA DIACHUN Cutchogue, New York · residing at 875 School House I, Barbara Diachun say: being duly sworn, depose and That on the 20th day of October, 1994, I personally posted the property known as "6600 Indian Neck Road, Peconic, NY" by placing the Town's official poster Notice on a stake facing the road side of the property, and that the poster has remained in place at least five to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October 26, 1994. ( slgnature ) Barbara Diachun FROM: F- RICHARD Fo LARK DATE: October 2_~,~ 1994 ATTENTION: Linda Kowalski TO: SQUT~PbD T0~w_~Q~RD 0~ APPEALS SOUTHOLD TOWN HALL 53095 MAIN RD P O BOX 1179 L SOUTHOLD NY 1197!-1179 SUBJECT: Vari~ ~!i~ti~'o~ - ~_~ Varano MESSAGE Dear Mrs. Kowalski: In connection with the above- captioned mat~e~t I am enclosing the confirmation of Posting dated October 26, 1994. Very truly yours, REPLY DATE: Rschard F. LaiWk (bd) SIGNED: THIS COPY FOR PERSON ADDRESSED NOTICE IS HEREBY GIVEN, pursuant to Section 267 0fthe Town Law and the Code oftbe Town of SoUthold, that the following public hear- ings will be held by the SOUTHOLD TOWN BOAR D ~ at the Southold Town Hall, 53095 Main Road, Southold, NY 11971 on WEDNESDAY. NOVEM- ~ commencing at the times Specified below: 1.7:30 p.m. Appl. No 4275- RENE MATES. Request for a variance under Article ILIA, Section 100-30A.4 (ref. 100- 33) for permission to locate shed as an'accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold~ NY; County Tax Map Parcel No. 1000-52-2-6 The subject pre- mises is.a substandard parcel ~,~5n~aining approximately 'iq. fi. in total lot ~rea. (SethaCk,~hed: located iin a yard area oth'~than a rear yard, shall be deter~ Board of Appeals.) 2. 7:35 p.m. Appl. No. 4276- DALE AND STACEY WAGNER MEYER. Reques!c for a yariance under Article XXIV, Section 100-244B for' permission to build addition to existing dwelling with a reduc- tion in the nor~ei'ly side yard sethack to less than the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax 'Map Parce! No. 1000-143-3- 12. The subject premises is a' substandard parcel containing 24,768 .Sq. it. total lot area. 3. 7:40 p.m. Appeal No. 4277- MICHAEL AND KATHLEEN RICHTER. Re- §uest for a Variance under Ar- ticle lEA, Section 100-30A.4 · for permission to locate, as built, an accessory storage building with a setback at less than the stiPulated.ten (10) fl.. setback from the noFtherly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when . located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4274-MARY ANN GREFE. Request for a Variance under Article III, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, NY; Lot No. 25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 5. 7:50 p.m. Appeal No. 4279- JOHN LATHAM (Owner). Request for a Vari- ance · under A~icle IIIA, Sec- tion 100-30A.3 for permission to relocate an existing dwell- ' lng with addition in line with the existing rear yard setback line at 30 feet, which is non- conforming with the present rear yard requirement of 35 feet. This parcel is a comer lot with two front yards, contains a total lot area ofapprox~ately 17,500.~sq; fl.,and is known a~ 50.Rogers Road, Southold, NYi: County Tax Map. Parcel NO; 1000-66-2-18....,. ~i;,;~ }: 6. 7:55 p.m. Appeal No! 4278- OWEN MOI~. Re- quest for i Vafi~c~ Under Ar- ticle III, Section I00-33 for permnss~on to construCt acces- sory garage building in an area otherl than the required rear yard. This parcel contains five acres of lot area, known as 495 Paitdock Way, Wolf P~t Pond Estates Lot. No: 22, Mattltuck; NY; County Tax IVtap Parcel No. 1000-107-4-2.111. The sub- ject premises'is located in the Agricultural-ConserVafiofi (AJ C) Zone District. ' if 7. 8:00 p.m. Appeal 4280-, JOHN H. , .MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A,3 for permis- sion to construct addition to dwelling witha setback at less than the ~required ten (10) feet fi.om the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57-2-24. The subject premises is a substandard lot containing 17,011 sq. fi. total lot area. 8. 8:05 p.m. Appeal No. 4281- KATHLEEN VARANO. Request for Vari- ance under Article XXIII, Sec- tion 100-235B, and Article III, Section :100-32 (Bulk Sched- ule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA ren- dered May 2, 1985 under Ap- peal No. 3330, and request for a Variance to establish build- ing envelopes ?or future con- struction since he setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic, NY; County Tax Map '~P~LN'q~ 1000,86-7-4. Sub- r.~ p~.,;:~lS~s 'dOnslsts bf 5 .'3+- acres in total ar6a~ The Board of Appeals will at said time and place hear any and all persons or represents- fives desiring to be heard in the above matters. Written com- mants may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times · designated above. If you wish to review any of the above files or would'like to request more information, please do not hesi- tate to call 765-1809 or visit our Office. Dated: October 17, 1994 BY ORDER OF THE TOwN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-10/27/94 COUNTY OF SUFFOLK STA~f'E OF NEW YORK ss: '7 Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / .weeks successively, commencing on %he Swor~ to before me on this · .. ~?~q. day of Notary Public BARBARA A1 SCHNEIDER NOTARY PUBLIC. State of New York No. 480~4~ Qualified in Suffolk ~ Commissio. Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 18, 1994 Richard F. Lark, Esq. P.O. Box 973 Cutehogue, NY 11935-0973 Re: Variance Application - Kathleen Varano Dear Mr. Lark: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, November 2, 1994 at the Southold Town Hall at the time specified. Also, you will find enclosed a "Poster" Notice which must be placed either on a stake and located in the front yard (road side) of this property, or placed on the front of the dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of KATHLEEN VARANO CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of October, 1994, I personally posted the property known as "6600 Indian Neck Read, Peconic, NY" by placing the Town's official poster Notice on facing the road side of the property, and that the poster has rom~ined in place at least five to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October , 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. DATE OF PUBLIC HEARING: ~" 0 ~, P' m' ·. I.f you hav.e, an Interest in this project, you are invited to vie~v the Town file s w · · · . () re.ch are available for ~nspect~on prior to the day of the heanng during normal bus~ness days between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 17, 1994 Mrs. Pat Rushian 601 Queen Street Alexandria, VA 22314 Re: Application of Kathleen Varano Dear M~s. Rushian: Continuing on our recent telephone conversation, this note is sent to let you know that the meeting was set by the Board Members to be held for Wednesday, November 2, 1994 (instead of November 9, 1994). We enclose a copy of the Legal Notice as published in the local newpapers. If you have any questions, please feel free to contact us. Very truly yours, Linda Kowalski Enclosure Page 21 - Hearing Tra~cript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All right. Is speak either for or against this? MEMBER DOYEN: Nope. MR. CHAIRMAN: Seeing no hands, anybody have questions of Mr. Stoutenburgh? Anybody have any this application? That's 8 feet? Jim? MEMBER DINIZlO: No. MR. CHAIRMAN: Anybody like to make a motion? MEMBER DINIZIO: I'll make the motion. MR. CHAIRMAN: All right. Approved as applied for? MEMBER DINIZIO: Yes. MR. CHAIRMAN: Who would like to second it? MEMBER DOYEN: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. MR. CHAIRMAN: Have a lovely evening. there anybody here would like to any specific objection to 8:10 P.M. Appl. No. 4281 - I~HLEEN VAI~O MR. CHAIRMAN: Request for Variance under Article XXIII, Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the Page 22 - Hearing Tr~l'[script Regular Meeting of November 2, 1994 Southold Town Board of Appeals principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic, N.Y.; County Tax Map parcel No. 1000-86-7-4. Subject premises consists of 5.3+- acres in total area. I have a copy of the survey produced by Robert VanTyle P.C. most recent date August 31, 1994, Lot No. 1, 75,300 sq. ft., Lot No. 2, 280,000, Lot No. 3, 68,200, which is the one that consists of the home at this time and a garage and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark anytime that your ready. How are you this evening? RICHARD LARK: Fine, yourself? The client has set forth in the application of the petition which you have all the facts that are pertinent and what I'll cover here this evening is some of the things that I left out although the, your Clerk is I think is well aware of them of the saga of this subdivision. If the Board will recall which I think you will on Appeal No. 3330 that was on May 2, 1985, the Board granted a Variance to this property to in effect allowed a three lot subdivision, the variance being that the lot on the water would have 76,300 sq. ft. and there would be 280,00 sq. ft. lots. The Planning Board and I have that map if the Board needs to refresh its recollection but it is pa.rt of that Appeal No. 3330. The application a, the exact plan was approved by the Planning Board on June 10, 1985, and that under their procedure at the time before they would grant any preliminary approval and make the clock run as if it were called a new town law the applicant had to get approval from the Health Department of it, so application was made under the Page 23 - Hearing Tr~script Regular Meeting of November 2, ]994 Southold Town Board of Appeals Sanitary Code and due to extensive snafus on the upper apartments part and the fact that in order to comply with all the new regulations which were put into effect at that time because of the nitrates with the deep wells eventually after two hearings and Bob Villa's intervention as they went along with the (inaudible) including Mr. Villa who lives not too many properties away and finally explained to them were shallow wells where you got very good water and so they granted a variance to the applicant for a three lot subdivision and as you see in the Exhibit which is attached that took until September 22, year of our Lord 1989. Whew, you get that stamp on the map if you can believe it. Now, the applicant then went back to the Planning Board with the Article VI approval in hand. Unfortunately to the applicant, the Planning Board lost, they say they misplaced, that they lost the file, never to be seen nor heard of again. Unbelievable. Again, I had them go and look at the Board of Appeals file, they recognized, yes, we kind of remember this application, yes, I showed them all of my correspondence because I kept copies of everything, they understood that, but their rules and regulations and the rule of the Town Attorney we had to file a new application. Well, that wasn't too bad because it was a rehash of the old. Just a more or less a typing job. The problem was that they wanted like $2,500 in filing fees because as you'll remember all the laws got upgraded with all the filing fees. Well, that didn't sit too well with Mrs. Varano since she paid the early filing fees which they could not find, although we produced the cancelled check. That didn't make any difference. Rather than get into Page 24 - Hearing Tr~Sscript Regular Meeting of November 2, 1994 Southold Town Board of Appeals litigation, rather than get into a big hassle, she said "OK, what do they want"? So, they said to her, we want a new application, which she filed before them. Then, they decided to change the site plan that they had approved with the right-of-way was going to be on the westerly side into the properties which everybody agreed that was the way to do it. They didn't want to do that because they wanted to keep the rural nature of the, of the area, as you know its very wooded down there and they only wanted a single driveway. So, the only way they could do that was to create two flag lots and then have a common driveway in between. They wanted that, they did not want any asphalt stone or anything like that, they just wanted to ( ) a nice little driveway in, into the lots. They insisted on it. She objected .... MEMBER DINIZIO: So, these first two lots are then, actually all three lots are deeded then. RICHARD LARK: No. MEMBER DINIZIO: They're not right-of-ways. They're already --- RICHARD LARK: Yeah, that's right, that's right, that's right. It would be a flagpole. So, finally she said, "Well, if that's what they want, in essence the driveways are going to be on the westerly side anyway going into the waterfront lot and to the middle lot and the lot on the road will have its own, you know, driveway in and out, right off Indian Neck Lane." So, she finally then said, "OK". There was a lot of going back and forth and going back and forth. I objected because I had taken the trouble to read the law when they put they allowed these flagpole lots to go in and I knew there was Page 25 - Hearing Tr~i~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals going to be trouble and indeed there did turned out to be trouble because the way they wrote the law, you had to exclude the area of the pole. You could keep the flag where you were going to build your house but you had to exclude the area of the pole. Well there just was simply not enough square feet to do that on this property because the original conception which was approved by you was 280,000 square foot lots and then one, the one on the waterfront which was 76,300. I had to laugh because the original sketch plan that I had VanTuyl draw up in 84 called for the 76,000 one to be on the road and then all the other two to be 80,000, but, it didn't work out that way with the Planning Board. So, that created a big problem and we couldn't get things squared away with the Planning Board. So, they finally then said, "No we want the driveway, we'll call it cluster subdivision, have VanTuyl show the building envelopes on there, we're handling this as a cluster". I said, "You can't do that because its not 10 acres. It doesn't meet the standards of the Zoning Ordinance". You know, they want to apply things that don't apply. I said, "It just wont fit." They insisted. That's the way it's going to go, you do not have to go back to the Board of Appeals, we will give you the approval, and that will be it. So, again, I told Mrs. Varano, I don't think this is going to work because some buyer's attorney is going to wonder, or some trying to get a building permit is going to be a big problem. They assured me there would be no problem. Finally, this year somebody woke up and said, oh! you can't have a cluster. Its got to be a regular subdivision because of its size, a minor Page 26 - Hearing Tr~[~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals subdivision. We still want that little driveway, and we still want the flagpole lots. But, we think you'll have to get a variance, go down to the Building Inspector, so I trot down to the, Linda will tell you, I trotted down here to the Building Inspector and everyone else and said, "Yeah, you're right, you're going to need a variance," and which was what I was trying to tell them for the last year. So, I said "OK, why don't we just go in, file the application and then see where we are." We're back to the same three lots, we don't have any more yield, it's the same three lots, and you want to accommodate it and it really was the Planning Board's conception to keep the ruralness with this driveway business and the flagpole so we'll go ahead in and ask for a variance, we still get the same three lots and we'll let things go where they are. They said, "Yeah, that's good. It isn't really a cluster, do that". So, I said, "Now, if I go in now for a variance, and if the Board grants it, we're going to come back, you're going to give the approval, because I said, the Board of Appeals should write you and ask you what you feel about this, since this is your design". everything is approved". I understand they did request them for the information of them. it is, we're back to the same three lots, the They said, "Yeah, we, did do that when you So, the good part of bad part of it is, is that she has to make this length of time to get the property divided into her kids which is what her original intent was because as you know after you granted the variance and we had that interpretation question on the accessory garage business, he died. She was saddled with the teenage kids and you know all of this other business Page 27 - Hearing Tr~l~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals trying to get it squared away and he died intestate which made it worse that the kids legally owned the lots with her. You know, so it got to be a big foopar in the family. MR. CHAIRMAN: You know, a side line, and I don't know why it should be, I just. Apart from the situation with the accessory garage, these people are the nicest people I have, I mean, Dr. Varano and his wife, I think it's Kathleen, isn't it? RICHARD LARK: Kathleen, yes. MR. CHAIRMAN: I didn't even look at the thing, I'm just thinking back to 19__, nicest people in the world, really, absolutely. RICHARD LARK: Yeah, this, this has been kind of a travesty. I was notified that the neighbor to the east objected and I was quite surprised. I didn't think there would be any problems because nothing has changed as far as yield design, where the lots are going to be, where the driveways are going to be. You know anything, it's all in the same general area, and I went back and looked in my file and you have a letter of the neighbor to the east and curiously enough in the 1985 application it was sent to Mr. Guinan who was Mr. Guinan and his wife who owned it at that time. He was alive and I have the affidavit of that, a copy of it, you have the original in your file and curiously enough if you'll look in your file deep enough you'll see an affidavit from him, tacitly approving because he knew about the three lot subdivision because he wanted Mrs. Varano even to have the kids could be able to sleep in the garage. Remember that was the issue and the interpretation of the Building Inspector at that time and had broke and linked the affidavit because Page 28 - Hearing Tr~l~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals I knew Mr. Guinan and he came in and volunteered it. So, for the neighbors to say that they did not know about this, or there's any significant change is not true and it should be pointed out that when you're in a glass house you shouldn't throw a stone. They have 3.5 acres on which they have three dwellings on it. No problem, there probably all preexisting, the one on the bay was, the house has been modernized. In the back is a full house and then they have like a, a little cottage attached to a two or three car garage as I recall. No problem with it, but I just kind of laugh, they've got and there's three owners and that's his three dwellings, you know what I mean, on less property, but that's the way it is I suppose when I incurred the situation. But in any event there is absolutely zero change from a yield point of view or a use point of view from where we were in 85. It was just ali this other business that we had to go through and it was unkind of unfortunate and a the Planning Board, see we would never of been back except for that snafu that they wanted the driveways and then they designed that law and they never realized that they excluded. So, the variance application I have before you is your choice to request this. Either give a variance to that section. I think it's 235B, because if you include the pole on those two lots you have 80,000 and all you've done is take in the small lot and put it on the road traded it in from the bay lot. You do have, in fact you have 80 on one and 8] on the other. So, it's the same deal, give area there's no difference. Do you follow me? You could either the variance that way or just if the Board chooses to give an variance for all three lots as applied for. Either way, it Page 29 - Hearing Tr~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals really makes no difference. Whatever the Board wanted. So, I apply either way, for a one or 235B, or for just a flat area variance going from 80,000 down to what is proposed in the application which is what you have on the map which has been approved by the Planning Board, the road lot containing 75,300 sq. ft., the middle lot containing 73,400 and then the bay lot containing 68,200. It's either way. If you go the other way, the road lot will still be 75,300, the middle lot will be 80,000, that's including the pole and the bay lot will be 81,000 including the pole. So, there you have it. I hate to come back on it, but when, when they made the change I, two years ago I told them that we have to come in here for a variance, they said, "Oh, no, no, we're going to" and you heard the story, so, and, and there correspondence clip, if you look at it in their file since 90, actually since 89, when we reapp]ied will bear out everything that I said because I took all of the information because I hadn't remembered it from their correspondence clip. So, it's all public records unfortunately. MR. CHAIRMAN: We'll just ask the only single person in the audience who was Mrs. Doyen. Do you have any objection to this, Mrs. Doyen? (Laughter by all parties). MEMBER DINIZIO: Dick that's Serge's wife. RICHARD LARK: ! know who it is. MRS. DOYEN: I think this is one I wouldn't want to touch. Page 30 - Hearing Tr~l~script Regular Meeting of November 2, 1994 Southold Town Board of Appeals RICHARD LARK: She doesn't represent suffering times. I just don't know which way to go, which way you want to go, which variance you want to grant. It's, it's either one. MR. CHAIRMAN: I'll, I'll make that easy in reference to a proposition and second. Does anybody have any questions of Mr. Lark concerning this? MEMBER DINIZIO: No. MR. CHAIRMAN: I will substantiate everything that he has said. It's unbelievable. MEMBER DINIZIO: It is. RICHARD LARK: Which is the cleaner way to go, the area variance? MR. CHAIRMAN: The area variance is a cleaner way. RICHARD LARK: Yeah, it probably is, but, you know, you always worry about precedence, you know, the other way isn't, so, what's the difference. MR. CHAIRMAN: I'll make a motion granting it on the basis of a insufficiency of area variance. I'll second it. All in favor? MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye MR. CHAIRMAN: Please tell Mrs. Varano that we said hello, please do it, because she's a lovely lady. RICHARD LARK: MR. CHAIRMAN: Prepared LF Yes she is, she's been through a lot. I hope you do that really Dick. from tape recordings from actual hearings. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town 11971, on WEDNESDAY, times specified below: Hall, 53095 Main Road, Southold, New York NOVEMBER 2, 1994, commencing at the 1. 7:30 p.m. Appl. No. 4275 - RENE MATOS. Request for a Variance under Article IIIA, Section 100-30A.4 (vel. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 2. 7:35 p.m. Appl. No. 4276 - DALE and STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277 - MICHAEL and KATHLEEN RICHTER. Request for a Variance under Article IIIA, 'Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4274 - MARY ANN GREFE. Request for a Variance under Article III, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Yennecott Park; County subject premises contains Tuthill Road, Southold, NY; Lot #25 at Tax Map Parcel No. 1000-55-4-3. The approximately 32,700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 5. 7:50 p.m. Appeal No. 4279 - JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for permission Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, NY; County Tax Map Parcel No. 1000-66-2-18. 6. 7:55 p.m. Appeal No. 4278 - OWEN MORREL. Request for a Variance under Article III, Section 100-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituck, NY; County Tax Map Parcel No. 1000-107-4-2.10. The subject promises is located in the Agricultural-Conservation (A-C) Zone District. 7. 8:00 p.m. Appeal No. 4280 - JOHN H. MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57--2-24. The subject promises is a substandard lot containing 17,011 sq. ft. total lot area. Page 4 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 Indian Neck 1000-86-7-4. area. 8. 8:05 p.m. Appeal No. 4281 - KATHLEEN VARANO. Request for Variance under Article XXIII,' Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Read, Peconic, NY; County Tax Map Parcel No. Subject premises consists of 5.3+- acres in total The Board of Appeals will at said time and place hear any and all persons or roprosentatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or wo~ld like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: October 17, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By IAnda Kowalski X Legal Notices Mailed to the following 10/1 8/94: Environment East, Inc. P.O. Box 190 3075 Indian Neck Lane Pecenie, NY 11958 (Re: Mulholland) Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Greenport, NY 11944 (Re: Matos) Mr. and Mrs. Dale Moyer 650 Bay Avenue Mattituck, NY 11952 Mrs. Anne L. Arnold P.O. Box 172 East Marion, NY 11939 (Re: Richter) Mr. and Mrs. John Bertani 1380 Oakwood Drive Southold, NY 11971 (Re: Grefe) Mr. Douglas McGahan P.O. Box 602 Cutchogue, NY 11935-0602 (Re: Latham) Mr. Mark Boeekman, Builder P.O. Box 1453 Mattituek, NY 11952-1453 (Re: Morrel) Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935-0973 (Re: Varano) Mrs. Pat Ruchinu 601 Queen Street Alexandria, Virginia 22314 (Concerns Re: Va~ano ) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD G.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No.4281 Project/Applicants: County Tax Map No. Location of Project: Kathleen Varano 1000- 86-7-4 6600 Indian Neck Rd., Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 13, 1994 Pe¢onic Relief Requested/Jurisdiction Before This Board in this Project: Modified 10t sizes This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk October 13, 1994 ZONING APPEAL APPL. NO. 4281 - KATHLEEN VARANO Transmitted herewith is ZONING APPEAL APPL. NO. 4281 - KATHLEEN VARANO together with a Short-Kut Note from Richard F. Lark dated October 13, 1994, a letter from Richard Fo Lark dated September 29, 1994, the Notice of Disapproval from the Building Department, a copy of Appeal from Deceision of Building Inspector, a copy of the action of the Southold Town Board of Appeals dated February 1, 1985, a copy of a letter from the Southold Town Planning Board dated June 13, 1985, a copy of the Declaration of Covenants & Restrictions, a copy of the Application for Approval of Plat to the Planning Board dated September 19, 1990, a copy of a letter from Bennett Orlowski, Chairman of the Planning Board dated November 7, 1990, a copy of the deed, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of a memorandum from Supreme Court dated December 8, 1986 and a copy of the Survey Map. Judith T. Terry Southold Town Clerk RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - F~ O BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 September 29, 1994 $outhold Town Board of Appeals Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Linda Kowalski RE: Cluster Subdivision for Kathleen Varano $CTM #1000-086.00-07.00-004.000 Dear Mrs. Kowalski: In connection with the above-captioned matter, I am enclosing the following: 1. Notice of Disapproval from the $outhold Town Building Department dated September 27, 1994. 2. Application. 3. Notice to Adjoining Property Owners with proof of mailing. 4. Short Environmental Assessment Form. 5. Z.B.A. Questionnaire. Copy of Deed dated July 15, 1988 and recorded in the Suffolk County Clerk's Office on December 1, 1988 in Liber 10746 Page 239. Four prints of Cluster Subdivision for Kathleen Varano prepared by Roderick Van Tuyl, P.C. dated July 23, 1991 and amended Aug. 31, 1994. Check No. 926 of Kathleen Varano payable to the Southold Town Clerk in the amount of $300.00 for the filing fee. If all is in order, would you kindly place the matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call. RFL/bd Enclosures Very truly yours, FROM: RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - R O. BOX 9?3 ATTENTION: ~_L~ nda _Kofwalski TO: SOUT~9~ TOWN_B~RD OF APPEALS TOWN HALL, 53095 MAIN RD SOUTHOLD NY 11971 SUBJECT: M!POr Sub~iY%~ion for Kathleen Varano (SCIM #1000-86~7-4) MESSAGE Dear Mrs. Kowalski: I am englosing Ch~ck No. 938 of Kathleen Var990.~payable to the Southold Town Clerk in the amount of $100.00 which represents the balance of the filing fee. Very truly Yours, ~chard ~. SIGNED: REPLY DATE: THIS ~COPY FOR PERSON AD, DRESSED Southoid Town Board o£Appeais MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. Ilg?1 TELEPHONE (5161 765-180g ACTION OF TIlE ZONING BOARD OF APPEALS Appeal No. 3330 Application Dated February ], 1985 TO: Richard F. Lark, Esq. as At[orney for DOMINICK VARANO Main Road, Box 973 Cutchogue, NY 11935 {Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Ma~ 2, 1985, the above appeal was considered, and the action indicted below Bas 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 EX) Request for Variance to the Zoning Ordinance Article Ill , Section ]00-31 and Bulk Schedule (Article i, Section 106-20) ( ] Request for Application of DOMINICK VARANO, by R Lark, Es Box chogue, NY for a Vari~6'~"-'f'6"~h'~ ....... '. ~.~_ _ 9~3,_Cu~ lan ~ . ...... ~onlng Ordinance, A,t,uiu JJl, bec[ion . ,~--o,, OU,K ~cneuu~e for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road Peconic, NY' County Tax Map Parcel No. 1000-86-0/-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 ]4., ]985, and WHEREAS, the board members have personally viewed and are familiar with the premises in questton as wel] as its surrounding area, and WHEREAS, the Southold Town P]anning at its meeting he]d March 18, 1985, recommended approval of the subject variance application, and WHEREAS, the board made the following findings of fact: ]. 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 lO00 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.]0 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 I ft. in area, (b) s . proposed Lot 2 of 80,000 sq~ ft. in. area, c) proposed Lot 3 of DATED: May 9, 1985, CHAIRMAN, SOUTHOLD TOWI~ ZONING BOARD QF~APPEALS Page 2 - Appeal No. 3330 hatter 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 minimnum of 80,000 sq. ft. in lot area {effective May 20, 1983). 6. The relief requested of proposed Lot #3 is approximately five percent (5%) 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 a)ways 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 substantia] in relation to the requirements of zoning, (2) the grant of this variance will not be detrimental to the character of the area and wi)] not adversuly affect adjacont properties, (3) the practical difficulties are sufficient, (4) in view of the manner in which the difficu]ties arose, the interests of justice will be served. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3330 in the Matter of the Application for DOMINICK VARANO for approval of the lot area of proposed Lot #3 of-~-~O--~']"-F~, BE AND HEREBY IS APPROVED 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 bui)dings (except as may be allowed by )egislative 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. lk ERARD P. GOEiYR,~i--N-I~[~-'--GUI[,,A~]R'M~N- May 9, 1985 T( D iLD 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 TQwnPlanning Board approve the sketch ~3p 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 accordanc~ with the above resolution so we may make the ne~essary 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 d~n't hesi;~ate to contact our office. ~ry truly yours, ~ _ BENNETT ORL6~WSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary EXHIBIT RICHARD F. LARK AI'TORNEY AT LAW February 28, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Minor Subdivision for Kathleen B. Varano SCTM #1000-086.00-07.00-004.000 Dear Mr. Orlowski: The last time I appeared before the Planning Board, on December 9, 1991, it was agreed the Board would approve a three lot minor subdivision, with each lot having 72,300 sq. ft., providing the applicant could obtain the necessary area variances from the Zoning Board of Appeals. When I discussed this file informally with the Clerk of the Board of Appeals she recognized the hardship being placed on the applicant due to the change in the zoning code regarding the access requirements. She suggested rather than ask for a variance for the three lots, to go back to the original subdivision, which had been granted a variance on May 2, 1985, Appeal No. 3330, wherein Lots 1 and 2 would contain 80,000 sq. ft. and Lot 3 would contain 76,300 sq. ft. Two easements would be created of 12½ feet in width each for Lots 2 and 3, running to Indian Neck Road, which would have a mutually agreed 15 foot accessway over the easement area for ingress and egress to these two interior lots. I have colored the proposed easement area in green for Lot 2 and in yellow for Lot 3 and have superimposed the common driveway for these lots in red. The Board of Appeals Clerk pointed out that both the Planning Board and the Zoning Board of Appeals recognized there is only going to be three lots in this subdivision. The Clerk indicated that the Board might not want to grant three variances because it could establish a misunderstood precedent by the public. Originally when the variance was granted §100-235 of the Zoning Code did not exist as this section was added on January 10, 1989. The Clerk suggested Southold Town Planning Board -2- February 28, 1992 it might be best to have Mrs. Varano apply for a variance to §100-235 B. to allow the above-mentioned subdivision plan. This would more accurately reflect the hardship that was actually imposed by the change of the zoning regulations rather than to have three area variances for undersized lots. ~owever, before proceeding it was suggested I write you a letter to see if the Planning Board would have any objection to this approach. If not, I would appreciate a response so I can prepare the necessary application. If the variance is granted by the Board of Appeals if there are any other variances under the subdivision regulations than you would have authority to waive them to accomplish this subdivision. RFL/bd Enclosure /cc. Board of Appeals Very truly yours, ~chard F. L~'rk 1000 Dist. 086.00 Sec. 07.00 Blk. 004.000 Lot DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this ~ $ day of .~,~,s ~ , 1989, by KATHLEEN B. VARANO, individually and as Trustee under Last Will and Testament of Dominick Varano, residing at 1024 79th Street, Brooklyn, New York 11228; MARIO VARANO, as Trustee under Last Will and Testament of Dominick Varano, residing at 7621 18th Avenue, Brooklyn, New York 11214; and PASQUALE VARANO, as Trustee under Last Will and Testament of Dominick Varano, residing at 1426 74th Street, Brooklyn, New York 11228; hereinafter referred to as the DECLARANT, as the owner of the premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. The DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or appro- val of a subdivision or development on the PREMISES. 2. The DECLARANT appeared before the Board of Review requesting a variance to be able to utilize a shallow well which does not conform to the depth or distance requirements of the Suffolk County Sanitary Code and the Board of Review of the County of Suffolk Department of Health Services granted a waiver provided · ~covenant is filed, the DECLARANT, her successors, heirs or ~ssigns, agrees: (a) To hold the County of Suffolk, its employees, offices ~r agents harmless from any claim for damages or injuries that may ~rise out of the installation of use of such shallow well. (b) To connect to a public water supply, upon a public water main being extended within 150 feet from the subject premises (c) To install water conditioning equipment if the well water supply has contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York. 3. The DECLARANT, her successors and/or assigns sha~l set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or property and shall, by their terms, ~nd restrictions contained herein. lessees of the above-described subject same to the covenants Failure of the DECLARANT, her ~uccessors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, okdinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated -2- herein and they are deemed to be incorporated herein and made a )art hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enfor- ceable by the County of Suffolk or any agency designated by the County of Suffolk, State of New York, by injunctive relief or by ~ny other remedy in equity or at law. The failure of said agen- cies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of th~s'covenant nor impose any liability whatsoever upon the County of sUff~ or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, her successors .and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owners of the PREMISES only with the written consent of the DEPARTMENT. 8. If any section, subsection, paragraph, clause, phrase or ~rovision of these covenants and restrictions shall, by a Court of ~ompetent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the vali- dity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional. 9. Local Law #32-1980 - The DECLARANT ~epresents and warrants that she has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and -3- that such person has read and is familiar with the provisions of Local Law #32-1980. IL~ r o~V~/r}anO/~a~s ~r~s t es · J/~.~ Dominick Varano ~/~e Varano as Trustee T/U/W Dominick Varano STATE OF NEW YORK: :ss.: COUNTY OF KINGS : On the ~ ~ day of came KATHLEEN B. VARANO, / ~ . ? // Ka~hleen B. V~rano individually and as Trustee T/U/W Domlnick Varano o 'o%'~ ~'~'~l'O' (--~"~ · C ~,...i.4,,~ 1989, before .me personally to me k~own to be the individual and trustee T/U/W Dominick Varano, described in and who executed the foregoing instrument and acknowledg that she e uted same. ~ar/y P~ STATE Or NEW YO.K: 20UNTY OF KINGS : On this~-~ day of ~-c~_~%~1989, before me personally ~ame MARIO VARANO, to me know~'t~lbe ~he trustee T/U/W Dominick Varano, described in and who executed the foregoing instrument and acknowledged to me that he execu~ the same. ~ STATE OF NEW YORK: :ss.: COUNTY OF KINGS : Notary Public On this ~ day of ~% ~-', 1989, before me personally came PASQUALE VARANO, to fne' known to be the trustee. T/U/W Dominick ~arano, described in and who executed the foregoing instrument and ~cknowledged to me that he executed the same. ~ ir, .,'~. e~'~ ~ DECLARANT: Kathleen B. H.D. REF. NO.: 87-558 SCHEDULE A DESCRIPTION OF PROPERTY Varano ly{,ga,dbei,~ at Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ,~ BEGINNING at a point on the southeasterly side of Indian Neck Road where the same is intersected by the division line between the northeasterly corner of the hereinafter described parcel and the northwesterly corner of land now or formerly of Guinan and Richards; running thence along said division line, South 22" 29' 30" East 1149.23 feet to the ordinary high water line of Peconic Bay; thence along the ordinary high water line of Peconic Bay, South 61~ 22' 10" West 197.79 feet to the easterly side of land now or formerly of Dubrul; thence along said land, the following four (4) courses and distances: (1) North 22~ 19' 20" West 733.77 feet; (2) North 24" 49' 00" West 309.96 feet; (3) North 30~ 28' 30" West 71.27 feet; (4) North 39" 26' 00" West 97.94 feet to the southeasterly side of Indian Neck Road; and thence along the southeasterly side 6f Indian Neck Road, the following two (2) courses and distances: (1) North 74" 44' 40" East 226.57 feet; and (2) South 89~ 31' 00" East 22.53 feet to the point or place of BEGINNING. DECLARATION OF COVENANTS AND RESTRICTIONS nl RECORD & RETURN TO: ATTORNEY AT LAW MAIN ROAD -- P. O. BOX APPLICATION FOR APPROVAL OF PLAT To the Planaing Board of the Town of Southold: '" The undersigned applicant hereby applies for :(c~ttafl~ (final) approval o[ a subdivision plat in accordance witb Article 16 of the Town Law and tire Rnles hud Regulations of the Soutbold To~wt Planning Board, and represents and states as follo~vs: 1. The applicant is the o~vner of record of the land .ruler application. (If the applicant is not the oxvner of record of the land under application, the upplicaut shall state his interest in said land under application.) 2. The name of the subdivision is to be ...M.i..n.o..r...S.u.b..d.i..v.i..s.i.o. ,n...f.o..r...K,a.t..h.1..e.e..n...B... ~.: Varano 3. Tbe entire land under nppllcatlon is described in Schedule "A" hereto annexed. (Cop)' of deed suggested.) 4. The land is held by the applicant under deeds recorded in Snffolk County Clerk's office as follows: Liber ..... %.0.7 .4.6. ............ Page ...... .2.3. .9 ............ On ,..~. ~.r..1,~..1.9.8.8...; :~g ~g~ ~x~l~ l~ ~x~t~ ~lt t~Ix~xlt~a~ ~ ....................................... ~mx:dlm~lmm~ .................... , .................................................... 5. Tbe area of the land ls ....5.-.425'....,....... acres. 6. All taxes wbicb nrc liens on the'land nt the date hereof have been pnid:~:~%~t ............ n(~e anv mortgage. 7. The ~and ;s ncnmbered by .............................................................. x~c$ .............. :~mlZrt& :~mtmt~ ............ ' ......... :~eklxi~ ...................... ~c .............. xmw~Mxa~ ~;x ..................... ~kixk~ ...................... 8. There are no other encumbrances or liens against the land :eX~Rk ........................ 9. The land lies in the following zoning use districts '.'.R.-80" Residential Low Densit 10. No part of the land lles under wa(er whether tide water, ~tream, pond water or otherwise,~ 11. The applicant shall at h[s expense install nil required public ~mpro~'ements. 12. The land (~) (does not) lle in a Water Distr~ct or Water Supply District. ~ame o[ trlct if w/thin District is N/A · 13.~ater m~ins will be laid hy . .~ ~xxO~~k~m~~~ ...... ~ ..................... 14.~lectric lines and standards will be installed by .~.~.~.~ ..................................... ~x~~~~ IS.~s ,nai,,s will be i,,stnllcd hy appli~ ~x~x~xa~ ....... ~ ..................................... ~ ...... ~,o~ g~n~K~~' . ............ 16. If streets shown on the pint nrc cia mcd hy the nlq~l;ca,t to be existinu public streets in the Suffolk Cou.ty lllghwny system, ampex Schcdnle "B" hereto, to show Same. 17. If streets shown on Ihe pint arc claimed by ibc nppllcnnt (o be cxlsting public streets in the Town o[ So~thold IHghwnv system, a.ne~ Schcdnle "C" here(o to show on~ey of ~erick V~ ~1 ~ ~ ~ ..... same. di¥islon maps hcrchff, rc filed, there are ~o rcscrYe strips at the cud of the streets on said rxisting maps at their co.~tmctlons with thc proposed strcet~. 20. h, the co,,rsc o[ these i)roccc~ll,gs, thc apl~lic~.t will ,Jicr pro,,[ o[ title as reqnired h¥ Sec. .135 o[ thc Ncal l'ropcrty Law. · . 21. S.hmit a.~o?. ,,[ proposed deed for lots ~f,owi:,~ all rcstrlcti,,ns, coYena~tts, etc. Schedole D '.' Tbs applicant estimates tlmt the cost of grfldhtg n.d reqnlred public Iml)rovements will be $...7.0.7 .... ag Ilemlzed in Schedule "E" hereto annexed and requesls lbs, the maturity of the Performance lined he llxed at ...=-.0.: ....... )'ears. The Performance lined will be sYritlen by a licensed st, rely compnn)' unless othenvlse sho~vn on Schedule "F". Kathlee~ B. Varano (Signnture 1024 791:h Street: Brooklyn, New York 11228 (Address) STATE OF NEW YORK, COUNTY OF ......................... .. , as: On the .................. day of .............................. 19 ...... , before me personally came ............................................ tO ,Tie KtlO','Ot tO be lite male,dual described in find who executed thc forcgoh,IT instrument, and ,'~ck.mvledged ti,et ............ executed tbs same. Notary Public STATE OF NEW YORK, COUNTY OF ............................ ss: O. Ihs ................ day ............ of .............. , 19 ...... , !~.etrorc me perso.nlly came ........................ In tile [nn",?n. wlto bcl.g by t.e dnl.r s~vorn dld da- p.se attd say tbnt ............ resides nt No ..................................................... ................................. Il,at .......................... Is lite .......... lite e.rl,orntion descrihe,I |n nnd wldch executed lite [.rt'k~O[ilff instrument; tbnl ............ ~no,.vs lilt sent o[ s~,|,l C.rltnratton; tirol lite seal nlflxed I)? order :,[ lite Imnrd .f Il|rectors of ..eld corpora, thru. :..I th:ti ............ sigocd .............. .nme Iherelo bt' lilts order. Nolar)' Pnbllc STATE OF NEW YORK: : COUNTY. OF KINGS : ss. ,-..,.,,.o~o. e.q*,,e, o7 /2o/~ O~ [ On this I~day of <%-~-~., 1990, before me personally came KATHLEEN B. VARANO, knownVto be the individual described in and who executed the foregoing instrument and acknowledged to me that she executed the same. : s s. No. 0!-BU 24~S02~! COUNTY OF KINGS : ~___Ou,~l.~ed_~ Xln~ C0uflt~ . On this /Tday of ~/~., .1990, before me '~ersonally came. SA~V~NO, ~nown to ~e' the Individual described in and who exeS~ted the foregoing ~nstrument and acknowledged to me that he executed the same. Notary Public STATE OF NEW YORK: ''~'.. ~~ On thls~7 day of~/~,, 1990, before me personally came ~RK VA~NO, /known. to ~."the individual described in and who executed the foregoing ~nstrument and acknowledged to me that he executed the same. Notary Public ! Notary Public STATE OF NEW YORK. #~m~P~8~teofNew~ · : ss. / ' I u u~l~d iff K~g8 C~ ~ On Ibis ~ day of~- , [990, before me persona[iy ca~e ~ENNETH J. V~O, kno~e '[he ~ndtv~dua[ described ~n and ~ho execu[ed ~he foregoing [n~[rumen[ and acknowledged [o me [ha[ he execu[ed ~he same. Not~y Public PLANNING BOARD MEMBERS Bennett Orlowski, Jr.,' Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 7, 1990 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Kathleen B. Varano SCTM# 100-86-7-4 Dear Mr. Lark: The Planning Board has reviewed your submission of October 22, 1990 for the above mentioned subdivision. The layout as shown, requires the construction of a road, built to the alternate Town specifications, to provide access to the interior lots. However, the Board will allow the layout to be redesigned with two interior flag lots. The accessway for each lot must be at least fifteen (15) feet wide. Each lot must be two acres, not including the area of the accesswa¥. The two interior lots are to have a common driveway. This is to be shown on the map. In addition, you should be aware of the following: As per Section A106-38 E (3) of the Town Code, the Planning Board will be requiring a park and playground fee of two thousand dollars ($2,000.) for each vacant lot in the subdivision. e The Planning Board will be referring this map to the Board of Trustees for review. If it is necessary for their consultant to review this site, your client will be charged for his review. A Short Environmental Assessment Form was submitted. However, a Long Environmental Assessment Form is required for minor subdivisions. Also, all properties within 500 feet of Peconic Bay are within a Critical Environmental Area, requiring a Long Environmental Assessment Form and classified as a Type 1 action under SEQRA. A Long Environmental Form is enclosed for your use. The completed form will be sent to the Planning Board's Environmental Consultant for review. Your client will be charged for the Consultant's review prior to any work being started. e The maps must be prepared at a scale of 1 inch equals 100 feet, and be in accordance with all other filing requirements of the Suffolk County Clerk's Office. Upon submission of revised maps and the Long Environmental Assessment Form, the Planning Board will make the necessary referrals, and continue with their review. Please contact this office if you have any questions regarding the above. Very truly yo~rsj Bennett Orlowski, Jr Chairman enc. TOGrflll Mi d (41bt, ik nd Mint if m. d ! r~ ./ te ~.t dM, Ind~s~Jufd 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) ,. ^PPUC~NT,S,ONSOR I 2. PROJECT NAM~ ~{athleen Varano I Cluster Subdivision for Kathleen Varano 3. PROJECT LOCATION: Mu.iciDa,W Town of Southold CounW of Suffolk Southerly side of Indian Neck Road, Peconic, New York (Suffolk County Tax Map No. District 1000, Section 086.00, Block 07.00, Lot 004.000) ~]New Expansion Mo¢l~flcatlonlalteratio. [] Application for a minor subdivision into three residential lots. In~fla~¥ 5 . 425 acc*es Uttlmate~y 5 . 425 acres 8. WILL PROPOSED ACT;ON COMPLY WiTH F-XISTiNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO. descxibe ~rlefiy SEQR 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial [] Commercial [] Agriculture [] ParkiForesuOp~n s0ace [] OIher [] Yes [] NO if yes. list agency(sD and petmiua~provals Southold Town Planning Board - Minor Subdivision Suffolk County Department of Health Services - Article 6 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE aEET OF MY KNOWLEDGE Applicant/sponsor name'Kathleen Varano 9/~ 94 ~ Date: the action is in the Coastal Area. and you are a state agency, complete the I Coa=tal Assessment Form before precoeding with this assessment I OVER 1 -(Continued on reverse side) The N.Y.S. Environmental Quality Review Ac~ereguires submission of this form, and an environmental review will ' ma~e by thls board before any action is taken. SH~ORT ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: -- {a) In order to answer the questions in this short ELF 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 additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Eovironmental Assessment Form is necessary· (c) If all questions have been answered No it is likely that the ~ project is not significant. (d) Environmental Assessme~ 1. Will project result in a large physical change to the project site or phyeically'alter more than 10 acres of land? _ ?es ~X____NO 2. Will there be a major change to any unique or un~ual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes ~ No 4. Will project have a potentially large impact oe groundwater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites? . Yes X___No 6. Will project affect any threatened or endangered plant or animal species? ___~ee j_No 7. Will project result in a major adverse effect on air quality? · ___Yes X .No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? .___Yes XNo 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . Yes X_~NO 10. Will project have a m~jor effect on existing or- future recreational opportunities? ..__Yes X~o 11. WAll project result in major traffic problems or cause a major effect to existing transportation · ' · systems? ' ___~es X No 12. WAll project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes _X No 13. WAll project have any impact on public health ~Yes X_~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes X No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controvers~_~oncerning the ~roject? ~ //' ~X ' ' ~reparer': Signature: ~ K~thleen Varano QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Kathleen Varano - Owner Mark Varano - Owner Kenneth J. Varano - Owner Sal R. Varano - Owner B. Is the subject premises listed on the real estate market ~or - sale or being shown to prospective buyers? { } Yes ( X} No. (If Yes, p]~=~ a~ copy o~ "condi~n~" of sale.} C. Are there =~y/~r~posals t~ u~ange u= alter land e~ntcurs? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaGed between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or fenzas which e~tand are not ~hmwn on the survey map that you a~ submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Vacant Land (Lots land2); One-familydwel]4ng and proposed use One-familvdwel]~nqs (Lot 3) Authorized Signature and'Date Kathleen Varano 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-25-76 by L.L No. 2-1976: 3-2S- 85 bT j., ?, No. ~-1985]: -,.'~ -.., ~.. -v? _. A. ~{DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats ar other low lying' lands subject to tidal action; (2) All banks, bogs. meadows, flute and tidal marsh subject to such tides and upon which grows or may g.row some or any of the fo]lowing: salt hay. black grass, saltwarts, sea lavender, tall eordgr~ss, high bush. cattails, ground~cL m~rzbm,llow and ~rnn.'ch ~rrlL/-~.~ ,,d/~a. (3) All laud immediately udjacent to a tidal wetland aa defined in Subsection A(2) and lying- xvithin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater etlands as defined in Article 24. Ti- tie 1, § 24-0107, Subdivisions 1(al to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in sevenW-five {751 feet landward of the most land- ward edge of a freshwater wetland. 9705 z.:~.as MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter KATHLEEN B. VARANO, of the Application of, Petitioner, VS. GERARD P. GOEHRINGER, Chairman; CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, stituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, Con- Respondent. SPECIAL TERM PART II BY LAMA, J.S.C. DATED December 8, , INDEX NO. 86-11706 CDISPSUB3 1986 WILLIAM D. MOORE, ESQ~ Attorney for Petitioner' ~ Main Road - Box 973 ~Cutchogue, New York 11935 SMITH, FINKELSTEIN, LUNDGERG, CRIMMINS YAKABOSKI, ESQS. Attys. for Respondent 456 Griffing Avenue Riverhead, N.Y. 11901 Th'is Article 78 petition seeks to vacate a decision of the Southold Town Zoning Board of Appeals which sought clarification of 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 - 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 Huntinston, 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 apRlication 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 .hJdgment on notice. J.S.C. 'UFFOLK vice Agency R-80 ~ R'"80 JUD,T. T. T£..Y. TOWN CL£.K RECEIPT 5 2 3 0 1 Town of Southold Southold, New York 11971 Phone: 516-765-1801 DATE - RECEIVED OF: ~/~c~-~'~ ~ ~-~ -,~_~ ~/~ ~ cz .... ~- $ BY: BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Sourhold TO: Sue K.~'~o~ee11 Patricia D. Guinan & Others Robert A. Martin & Wife NOTICE TO ADJACENT PROPERTY OWNER 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 torequesta ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes. cribedasfoilows: 5.425 acre parcel of land on the southerly side of Indian Neck Road, Peconic, New York. (Suffolk County Tax Map No. District 1000, Section 086.00. Block 07.00. Lot 004.000)'. 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: LOW Density Residential (R-80) 4 That b~ sucl~ Petition, the undersigned will request the following relief: SLtl:x:livide the property into three residential lots. See att~h~ Cluster Subdivision Map for Kathleen Verano prepared by Roderick Van Tuyl dated ~uly 23, 1991 and amended Auq. 31, 1994 which is attached hereto. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~lare Article XXIII Section 100-235 B. [ ] Section 280-A. New York Town Law for appr0va] of access over right(s)-of-way: 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 ma), then and there examine the same during regular office hours. (516) 7~5-1809. 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 to appear and be heard at such hearing. Dated:'..Septembe~ 29, 1994 Petmoner Owners ' Names :_Kathleen Varano Post Office Address 1024 79th Street Brooklyn, New York 11228 Tel. No. (718) 833-2110 [Copy of sketch or plan showing proposal to be purposes.] attached for convenience NAME Sue K. Odell Patricia D. Guinan & Others Robert A. Martin & Wife p ~0 079 RECEIPT FOR CERTIFIED MAIL NOT FOR tNTERNATiONAL MAIL (See Reverse) Sue K. Odell Street and No 2361 Dunstan Street P O, State and ZIP Code Houston, Texas ~7005 Postage $ .t-~ ~' Cert,,iod Fee I ' S~eciai Delivery Fee Restricted Dekvery Fee to whom and Date De vered / ~ \~. ,v , ,! .= ~.., . ./ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 2361 Dunstan Street, Houston, Texas 77005 Box 251, Indian Neck Lane, Peconic, NY 11958 15 Bayside Drive, Manhasset, NY 11030 P 823 960 B80 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to , Patrzcla D. G93J_nan & Other Street and NO Ii'IC]~ Neck Lane Box 251 P 0, State and ZIP Code Peconic, New York 11958 Postage $ Cedifiod Fee Special Dehvery Fee Restricted Dehvery Fee Return Receipt showing lo whom and Date Delivered Return Receipt ShOWing to whom, Date and Address of Postmark or Date .~ P 823 960 081 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse) ~obert A. Martin & Wife St[eet and No 15 Bavside Drive P O, State and ZIP Code Manhasset, New York 11030 Postage S Certified Fee Special Dekvery Fee Restricted Delivery Fee Return Receipt showing whom and Date Delivered / - (~.~ to STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: BARBARA DIACHUN , residing at 875 School House Road, Cutchoque, New York , being duly sworn, deposes and says that on the 30th day of September ,19 94 , deponent mailed a true copy of thc Notice set forth on the re- verse side hereof, directed 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 assessment roll of the Town of $omhold; that said Notices were mailed at the United States Post Of- fice at ~utchogue · New York ;that said Notices were mailed to each of said persons by (certified) (x;el~ster~) mail. Sworn to before me this 30th day of S~ptember ,19 94 Notary Public ~r~un on form transmitted to adjoining (This side does not have to be completed property owners.) . ~inimum dLsta~ce between well ~'-,~ ~' ~ .';, nd cesspool is to be 150 feet. ~c~ ~,~w~ _~5 22'29'~"E' SUFFOLK -' , / ,4io ?33. 1, 4oo ,,'- .......