HomeMy WebLinkAbout3330Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF,ApPEALS
Appeal No. 3330
Application Dated Februar3 ],
TO:
Richard F. Lark, Esq. as
for DOMINICK VARANO
Main Road, Box 973
Cutchogue, NY 11935
1 985
Attorney [Appellant (s) ]
At a Meeting of
the above
on your
the Zoning Board of Appeals held on May 2, ]985,
appeal was considered, and the action indicated below Bas taken
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III , Section 100-3l and Bulk Schedule
Article I, Section 106-20)
[ ] (Request for
Application of DOMINICK VARANO, by R. Lark, Esq., Box 973, Cut-
chogue, NY for a Variance to ~h-~-~ing Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient area of proposed
Lot 3, at premises 6750 Indian Neck Road, Peconic, NY; County Tax Map
Parcel No. 1000-86-07-004.
WHEREAS, a public hearing was held and concluded on April ll, 1985,
concerning the Matter of the Application of DOMINICK VARANO, and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application including corres-
pondence received in behalf of an adjoining property owner dated
February 14, 1985, and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area, and
WHEREAS, the Southold Town Planning at its meeting held March 18,
1985, recommended approval of the subject variance application, and
WHEREAS, the board made the following findings of fact:
1. The property in question is located in an "A-80" Residential
and Agricultural Zoning District, is situated on the southerly side
of Indian Neck Road, Peconic, and is more particularly identified on
the Suffolk County Tax Maps as District 1000, Section 86 Block 7
Lot 4. ' '
2. The subject premises as a whole contains 5.245 acres with
a total frontage along Indian Neck Road of 249.10 feet and a minimum
width of 195 feet.
3. By this application, appellant proposes a division
as follows: (a) proposed Lot 1 of 80,000 sq. ft. in area,
proposed Lot 2 of 80,000 sq. ft. in area, (c) proposed Lot
of land
(b)
3 of
(CONTINUED ON PAGE TWO)
DATED: May 9, 1985,
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3330
Matter of DOMINICK VARANO
Decision Rendered May 2, 1985
76,300 sq. ft. in area.
4. Proposed Lot 3 is improved with an existing one-family,
two-story frame house and an accessory structure which is depicted
as "garage-apt" on the survey map as amended September 6, 1984.
5. Article III, Section lO0-31 and Bulk Schedule of the
Zoning Code require a minimum of 80,000 sq. ft. in lot area
(effective May 20, 1983).
6. The relief requested of proposed Lot #3 is approximately
five percent (5%) of a variance f~om the requirements of zoning
and which the board finds is not substantial under the circum-
stances~
7. It is noted for the record that it is the understanding
of the board that the property has always been used for a single
family purpose, and therefore does not recognize the accessory
structure as a "garage-apartment."
In considering this application, the board has determined
that the relief as requested be granted since: (1) the relief
requested is not substantial in relation to the requirements of
zoning, (2) the grant of this variance will not be detrimental
to the character of the area and will not adversely affect adjacent
properties, (3) the practical difficulties are sufficient, (4)
in view of the manner in which the difficulties arose, the interests
of justice will be served.
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 76,300 sq. ft., 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
buildings (except as may be allowed by legislative action
in amending the current zoning code).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
GERARD P. GOEHR'INGER, C_~AIRMAN
May 9, 1985
ZONING BOARD OF APPEAl '
T CA-V N HALL
MAii~ ROAD- S. R. 25
SOUTHOLD, N,Y._.11971
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the Southold Town Board of Appeals at
the Southold Town Hall, Main Road, Southold, NY at-a Regular
Meeting, commencing at 7:30 p.m. on THURSDAY, APRIL ll~ 1985,
and as follows:
7:30 p.m. .EMILIA T. PIKE, by A. Wickham, Esq., Main Road,
Mattituck,-NY for a'Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedule for approval of insufficient
area of proposed Parcels 1 and 2 and insufficient lot width of
Parcel 1, located at the North Side of Main Road, Mattituck, NY;
County Tax Map Parcel No. 1000-140-03~26.
7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East
Main Street, Riverhead, NY for a Variance to the Zoning Ordinance,
Article VII, Section 100~1 for permission to construct accessory
building within the westerly sideyard area. Location of Property:
7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-102-05-24.
7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq.,
120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule and Article
XIII, Section 100-136A for approval of insufficient area of each
lot in this proposed 19-lot cluster development or subdivision and
~nsufficient setbacks. Location of Property: 67380 Main Road,
Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3~ ~12.3;
known and referred to as "Breezy Shores."
7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY
for a Variance to the Zoning Ordinance, Article III, Section
100-30(B)[6] for permission to construct building for private
membership with an ~msufficient setback from the easterly property
line. Location of Property: N/s Main Road and E/s Depot Lane,
Cutchogue, NY; County Tax Map Parcel No. 1000-102-02-12.1.
8:00 p.m. JOSEPH LIZEWSKI Special Exception hearing to
reconvene concerning establishment of racquetball/private member-
ship club. I~
8:05 p.m. TOMASiiHIGGINS;i Ruch Lane, Southold, NY for a
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to construct accessory garage in frontyard area,
at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No.
1000-52-02L30.
Page 2
Legal Notice of Hearings
April II, 1985 Regular Meeting
Southold Town Board of Appeals
8:10 p.m. HAROLD CARR~ Box 1416, Mattituck, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for permission
to construct deck addition with an insufficient rearyard setback,
at 2045 Marratooka Road, Mattituck, NY; County Tax Map Parcel
No. 1000-123-02-003.
p.m. DO~M~IC_IK VARA~N~, by Lark~ Esq., 973,
8:20
R.
Box
Cutchogue, NY for a Variance to the Zoning Ordinance, Article
III, Section lO0-31, Bulk Schedule for approval of insufficient
Ny area of proposed Lot 3, at premises 6750 Indian Neck Road, Peconic~
; County Tax Map Parcel No. 1000-86-07-004.
8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box 973,
Cutchogue, NY for a Special Exception to the Zoning Ordinance,
Article III, Section 100-30(B)[13] for permission to establish
and build one-story building as a ~un~ral home business, at
premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane,
Cutchogue, NY; County Tax Map Parcel No. lO00-97-6-part of 15;
containing 2+ acres in area°
The Board of Appeals will at said time and place hear all
persons interested in the above matters. Written comments may
also be submitted prior to or during the hearing in question.
Dated: March 28, t985.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By L. Kowalski, Secretary
(516) 765-1809 (alt. 1802)
Instructions to Newspapers:
Please publish once, to wit: THURSDAY, APRIL 4,
nine affidavits of publication by April 9th to:
Main Road, Southold, NY 11971.
1985 and forward
Board of Appeals,
FORM NO. 3
ToI4rN OF SOUTFIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated...~..~.~,..-~,.. ~. ?7/. ..... , 19 .~..~}',
for permit to S '~:..?.)~..~..~.. ............................................... at
Location omope~...~3~ ...... ~&~..~.~.&... ~,.....~..~. ~ .....
Nou~ No. Street ' ~' ' Hamlet
Count~ t~ ~ ~o. ~ooo s~t~o~ ... ~.?g ..... ~lo~ .... ~ ......... ro~ ~ ............
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the fo!lowLng grounds. ~ '.¢~... ~... ! .~..~.'. ~...
.~:.~.~..~...~..~.~~.?~....~~..
~.~.. ~ ~..~:. ~. ,z ~. ~ ~. ~.. ~ ~ ~.~...
Building Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ,-~3 3 o
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Nc me of Appellant Street and Number
............. .B...~...o...~.%..~!.. ......... ,~.....~.......[...~..2.~; ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT ~ ..... S~[¥~B ............. DATED ,.~.~'..~..3~9.~ ................
)
(X~
WHEREBY THE BUILDING INSPECTOR DENIED TO
............................
Name of Applicant for permit
of ~. ~a:[C. ?...[~ .em'...??~..~. ..........................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
I. LOCATION OF THE PROPERTY ..[...a~..~.~.~.~.e`~.~.".?.3~?..e~.~?~.~.~:~.~..~°~.~.?.~i~?.~~
Street Use District on Zoning Map
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 )
~_RTIC[~ I Sa~ion lO~-~g ar~t AR~!CLE %TI Sea~io~ 100-31
3. TYPE OF APPEAL Appee is made herewith for
(~) A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Laws
Art. 16 Sec, 280A Subsection 3
4 PREVIOUS APPEAL A ~revious appea ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ~ request for a special permit
¢ ) request for c variance
ana was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
A Va dance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
r~nu~ted for the reason _that ~a~itio~e~ saak~ ~o su~iv~e ~ pro~e~ ~ ~o
Form zB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becaus~ y~ur Pe~io~e~ lm ~h~ o~ ~ ~ 5.425 ~c~ ~a~ce~ ~ i~
an~ dashes ~ s~divid~ i~ in~ ~b~ae ~a~a~e parcei~ ~ ~ha~ P~i~me~ %r1%~
2 Th~ ncrosn p created ~s UNIQU5 and ~s not ~narea by ali oroperf~es oNke }n the ~mmediate
vicinity of this property aha Jn Chis use district because ye~s Pe~i.%~s~e~s p~o~ar~-y !e lA[~er
3. Tine Variance would ooserve the spirit of the Ordinance aha WOULD NOT CHANGE THE
CdARACTER OF THE DISTRICT because if the ~e~e~ P,~r sabdi~sie: is f$~il~
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Signature
· ~ ~n¢:~ 83,
Sworn tc this ....... ~.5..t.~ ............................... dav o ....................................................... 19
BABE'±T~ CORNINE
Notary Pub]ia, 8tare of N'ew
Suffolk County No. 52-5792800
Cor~dssion Expires March 3-, 1986
OWNER
FORMER OWNER
RES.
MP.
LAND
S~AS.
VILLAGE
VL. FARM COMM. I~,ID.
DATE REMARKS
TOTAL
DISTRI( SUB. LOT
AGE
NEW
Fa rm
Tillable
~.~ ~-o/ I ~<,xx?~
~oRMAL~E~OW ^.OVE
Tillable 3
Woodland
Swampland
Brush[and
H~use..Plot__
Tx~tal
Copies of Legal Notice to the following on or about 4/2/85:
Abigail Wickham, Esq., attorney for E. Pike
W. Esseks, Esq., attorney for Colgate Design Corp.
J. Forchelli, Esq., attorney for Bayview Development
H. Raynor, Jr.
Dr. Joseph Lizewski
Mr. Tomas Higgins
Mr. Harold Carr
R. Lark, Esq., attorney for D. Varano and W. Coster applications
Suffolk Times (personal delivery)
L.I. Traveler (personal delivery)
Zoning Office Bulletin Board
Town Clerk Bulletin Board
Supervisor
Victor Lessard
ZBA members
ZBA individual files
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO:
FROM:
DATE:
SUBJECT:
Bennett Orlowski, Jr., Planning Board Chairman
Jerry Goehringer, Board of Appeals Chairman
February 8, 1985
Applications Involving Planning Board
We would like to bring you up-to-date and to request your comments
or recommendations on each of the following matters recently filed
with our office prior to the advertising deadline, if possible.
(Once our hearing is concluded, no additional input legally can
be accepted for consideration.)
Date Filed. Matter of Tentative Deadline
2-1-85 ~ominick Varano (Subdivision) 3-4-85
1-28-85 Emilia T. Pike (Subdivision) 3-4-85
1-29-85 Briden Machine (Site Plan, etc.) 3-4-85
1-28-85 Wm. & Helen Coster (" " ") 3-4-85
1-9-85 Joseph Lizewski (Hearing 3-7-85)
1-9-85 Colgate Design (7-11, Cut) (Hearing 3-7-85)
12-4-84 Cutchogue Free Library (Hearings 2-14-85)
2-8-85 Saul Millman (Spec. Exc. & Var) 3-4-85
12-31-84 Bayview Development Corp. 3-4-85
The following matters have received your responses and have
arranged to be held for hearings in the immediate future:
Thomas Perillo
Robert and Aldona Norkus
John and Frances DiVello
Alice D. Currie
Meehan and Leonardi
been
(Hearing 2-14-85)
(Hearing 3-7-85*)
(Hearing 3-7-85*)
(Hearing 3-7-85)
(Hearing 3-7-85)
P
~¥
Southold, N.Y. 11971
(516) 765-1988
March 19, 1985
Mr. Richard Lark
Attorney at Law
Main Road
Cutchogue, NY 11935
Re: Dominick Varano
Dear Mr. Lark:
The following action was taken by the Southold Town Planning
Board,Monday, March 18, 1985.
RESOLVED that the Southold Town Planning Board recommend to the
Zoning Board of Appeals that the application of Dominick Varano be
approved as the Board noted that there would not be a substantial
reduction to the zoning requirements.
If you have any~uestions,
our office.
/
c/c: Zoning Board of Appeals
please don't hesitate to contact
Very truly yours,
BENNETT ORLOWSKI,~JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane Mo Schultze, Secretary
P~ O
T ~~LD
8outhold, N.Y. 11971
(516) 765-1938
November- 8, 1984
Mr. David Saland
Saland Realty
Main Road
Jamesport, NY 11947
Re: Dominick Varano
Subdivision at Peconic
Dear Mr. Saland:
The Board reviewed the above mentioned subdivision
at the regular meeting of November 5, 1984.
It was noted that an application has not been made
to the Zoning Board of Appeals for the undersized lot
in the proposed subdivision. The Board recommends that
this be done prior to any further action.
Please see the building department in order to
obtain the necessary forms and procedure for applying
to the Board of Appeals.
If you have any questions, please don't hesitate
to contact our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc:~ilding Department
~Zoning Board of Appeals
Southold, N.Y. 11971
(516) 765-1938
October 9, 1984
David Saland
Saland Realty
Main Road
Jamesport, NY 11947
Re: Dominick Varano
subdivision at Peconic
Dear Mr. Saland:
The Planning Board reviewed the above mentioned application
at the regular meeting of October 8, 1984.
It was the consensus of the Board that prior to any
action or recommendation, a field inspection will be made.
It will also be necessary for you to apply to the
Zoning Board of Appeals for an area variance on Lot No.
3. Please see the Building Department for the forms
and procedure for applying.
If you have any questions, please don't hesitate to
contact our office.
Very truly yours,
cc: Zoning Board of Appeals
BENNETT ORLOWSKI,JR., CHAIRMAN
OWN PLANNING BOARD
By Diane M. Schultze, Secretary
Southold Town Board of Appeals
MAIN ROAD- STATE; ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRiNGER, CHAIRMAN
CHARLES GRIGONI$, JR. S o 'R.. Q . R . a ,
SERGE DOYEN, .JR.
ROBERT J. DOUGLA$S NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significanc~
March 28, 1985
APPEAL NO.: ~ ~%'~
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [~] Type II [' ] Unlisted [ ]
DESCRIPTION OF ACTION: varianc'e for bulk schedule for approval of
insufficient area of proposed Lot 3, at premises
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 6750 Indian Neck Rd. Feconic, NY #1000-86-07-004
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly related to new construction
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516-
765-1809 or 1802. ' '
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals
MAIN ROAD- E~TAT;' ROAD 25 ==OUTHOLD, L.I., N.Y. '11cJ'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGEE, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKt
February 25, 1985
Mrs. Sue K. Odell
5314 Mandell
Houston, TX 77005
Re: Appeal No. 3330 Dominick Varano
Dear Mrs. Odell:
We are in receipt of your letter dated February 14th,
received February 20th.
On Friday we spoke with Mrs. Katzenberg and it was
agreed that perhaps the best way to try and give you a
better understanding of the Varano application is.to send
a copy of their proposed subdivision map.
The present zoning code requires a minimum of 850 sq. ft.
of livable floor area for a one-family dwelling; and
Section lO0-30(A) permits one one-family dwelling per lot
before a building permit can be issued. It appears that
the Varanos plan to retain the apartment in the garage,
and this issue will be considered after a public hearing,
at which time a'll persons interested should appear and
be heard, either in person, by agent, or by written comments.
We do not anticipate a hearing on this matter until
about March 28, 1985.
Please feel free to call our office
may be of further assistance. Copies of
furnished upon request (25¢ per copy).
at any time if we
the file may be
Yours very truly,
GERARD P. GO£HRINGER
Enclosure CHAIRMAN
cc: Mrs: Howard Katzenberg
By Linda Kowalski
February 14, 1985
5314 Mandell
Houston, Texas 77005
Zoning Board
Town of Southold
Southold Long Island,
New York 11971
Gentlemen:
In relation to the zoning variance requested by the Varanos
on Indian Neck Lane on the property immediately adjacent to
mine I would like to clarify what exactly is happening. Is
the property to be immediately subdivided? Next, exactly
what are the proposed sizes of all the lots? What are the
total number residences that will be allowed? What are the
minimums in square feet of these residences if and when they
are built? --
Mr. Varano called me in Texas, and he stated that he would
like to have a lot for each of his three sons. Is there
enough land to divide into approximately three, four or
five 80,000 square foot lots. Next is he applying for a
second residence in the form of the old garage? It's my
recollection that the garage was never used as a residence,
and I would object strongly if it was claimed as one in
order to get around the two acre zoning requirement. The
old Wiles property has already been overbuilt, by turning
old studios into residences, and I would not like to see
this happen again.
I have asked my bother, Mrs. Howard Katzenberg, to find
out the answers to these questions in order tp see if it
will be necessary for me to do anything more. Your
cooperation with her will be greatly appreciated.
Very Truly Yours,
Sue K. Odell
cc: Mrs. Howard Katzenberg
Town Harbor Lane
Southold, Long Island, New york 11971
February 14, 1985
5314 Mandell
Houston, Texas 77005
Zoning Board
Town of Southold
Southold Long Island, New York 11971
Gentlemen:
In relation to the zoning variance requested by the Varanos
on Indian Neck Lane on the property immediately adjacent to
mine I would like to clarify what exactly is happening. Is
the property to be immediately subdivided? Next, exactly
what are the proposed sizes of all the lots? What are the
total number residences that will be allowed? What are the
minimums in square feet of these residences if and when they
are built?
Mr. Varano called me in Texas, and he stated that he would
like to have a lot for each of his three sons. Is there
enough land to divide into approximately three, four or
five 80,000 square foot lots. Next is he applying for a
second residence in the form of the old garage? It's my
recollection that the garage was never used as a residence,
and I would object strongly if it was claimed as one in
order to get around the two acre zoning requirement. The
old Wiles property has already been overbuilt, by turning
old studios into residences, and I would not like to see
this happen again.
I have asked my ~other, Mrs. Howard Katzenberg, to find
out the answers to these questions in order to see if it
w~ll be necessary for me to do anything more. Your
cooperation with her will be greatly appreciated.
Very Truly Yours,
Sue K. Odell
cc: Mrs. Howard Katzenberg
Town Harbor Lane
Southold, Long Island, New york 11971
JUDITII T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
1, 1985
To: Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No 3330 application for a
variance by Richard F. Lard for Dominick Varano, and accompanying
papers as outlined on the attached Letter of Transmittal from
Richard F. Lark, dated January 30, 1985.
dith T. Terry ~
Southold Town Clerk
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - P. O, BOX 97:~
January 30, 1985
Mrs. Judith T. Terry
Southold Town Clerk
53095 Main Road - Town Hall
Southold, New York 11971
RE: Special Exception for Dominick Varano
Peconic, New York
Dear Mrs. Terry:
In connection with the above-captioned application, I am
enclosing the following:
1. Application for a variance with exhibits in
triplicate.
Notice to Adjoining Property Owners with
Affidavit of Mailing and Certified Mailing
Receipts.
3. Notice of Disapproval.
4. Short Environmental Assessment Form.
5. Letter addressed to Southold Town Board of
Appeals concerning wetlands.
6. Three additional copies of the survey of the premises.
Check payable to the Town of Southold in
the amount of $75.00 representing the required
filing fee.
If all of the above is in order, kindly file with the Board
of Appeals and advise me of the date it is placed on their agenda.
If you have any questions concerning this matter, please do not
hesitate to contact me.
Ve~ truly .yours,
Richard F. Lark
RFL:bc
Enclosures
ZBA
April 11, 1985
Page 5
HAROLD CARR HEARING - continued
MR. CHAIRMAN: I thank you. Anybody else like to be heard
on behalf of this application? Against the application?
Questions from Board Members? Hearing no further questions,
I make a motion closing the hearing, reserving decision until
later.
#3330- At 8:20 p.m a Public Hearing was held in the matter of
DOMINICK VARANO, for a variance of approval of insufficient
area of proposed Lot 3, 6750 Indian Neck Road, Peconic, New
York. Chairman read legal notice and appeal application in
their entirety for the record.
MR. CHAIRMAN: Mr. Lark, would you like to be heard?
MR. LARK: As indicated by the petition, my client would like
to subdivide this 5.425 parcel into 3 lots. Dr. Varano has owned
the property since February 1981. As you recall, at the time of
this purchase, the township had 40,000 s.f. zoning requirements
for area and today, since 1983 they are 80,000 s.f. To meet the
requirements of the ordinance, would mean dividing, since you
have the map in front of you you can see that due to the rectangular
length and shape down to the bay, we can divide it into two lots
of 118,000 and 115,000 s.f. Since it is an area variance request,
it presents a-'practical difficulty"for Dr. Varano. As the Board
knows, the term practical difficulty comes to mean a legal term
that is the outgrowth of several court decisions dealing with this
type of problem. We have an area or si~,eyard requirement request
for a variance. To determine what is a practical difficulty~ the
Board has to determine 1. How substantial the variation from the
zoning ordinance in relation to the requirement. In this case,
the 76,300 s.f. request in relation to the 80,000 s.f., 3,700
s.f. is indicated in the decision. I submit to you that this is
a relatively small variation. The Planning Board of. the Town of
Southold also agrees. As you are probably aware, Dr. Varano,
through his real estate agent, went to them first, thinking he
could get subdivision, but when they laid it out with the
surveyor you can see the problem.
Now, as I understand, they passed a resolution on 3/18/85
saying that the request for a variance is not very large with
respect to what he is asking for on the subdivision. I think you
have a copy of that in your file. Second criteria that you have
to consider is whether the affect of any of the variances that
you granted, if you allow it, on the increased population density
and that impact on available governmental facilities. You have to
make a determination whether or not in granting of an additional
lot side, which really is what the application is all about will
add anything to the density of the area, considering the entire
neighborhood and whether or not it will have any effect on govern-
mental facilities, police, fire, sewage and what not.
ZBA
April 11, 1985
Page 6
pOMINI~K VARANO HEARING - continued
MR. CHAIRMAN: What additional house are you referring to?
MR. LARK: He can get; as a matter of right without any variance
two lots, two house sites, so what it all boils down to is that
you would have a population increase of one additional house.
We submit that there will not be any significant impact on police,
fire or other governmental facilities. The next requirement you
will have to consider is whether a substantial change will be
produced in the character of the neighborhood, or there will be
a substantial detriment to surrounding properties. It is sub-
mitted there will be no change in the character of the neighborhood.
It will remain residential, whether there is one, two or three lots.
They will all be residential character. It will not change the
neighborhood in any way, shape or form. As you can see from the
map in front of you, the width of the lots will be substantial, so
you are not going to.have an overcrowding situation on any of the
adjoining properties.
One of the next criteria you will have to consider is whether
the difficulty can be obviated by some other method feasible to
the applicant. The only other way for the applicant to get relief
would be to acquire 3,700 s.f. from one of his neighbors. However
when you are visiting the area, due to the size and configuration
of the neighboring lots; plus where their houses are in relation-
ship to the property line, this is not a feasible or practical
solution. He has contacted both neighbors, both Mr. George Guyman
who has no objection ot the application. In fact, I think your
file contains an affidavit from Mr. Guyman indicating since he
has been down there since the early 30's, what the property has
contained; what has been done in the neighborhood. And the other
neighbor to the west, a Mrs. Odell, she wrote a letter and you
gave me a copy of that letter and I gave that to Dr. Varano, who
knows her and he called her and she really has no objections after
he answered all her questions. Dr. Varano is with me here tonight
for comment on that in a moment.
The last criteria that you have to consider in view of all of
the above that I just mentioned is considering the nature in which
the difficulty arose. The upzoning, increasing the area from 40 to
80,000 s.f., and considering these factors~ the interest of justice
will be served by allowing the variance. As I indicated before,
when he brought the property, it was his intention to divide it
into 3 lots for his children and that would have been no problem'
under the 40,000 s.f. concept, but when we went to 80,000 in the
Town, it created the reason why we are here tonight. I wish to make
note that if the Board grants the application, that you make it sub-
ject to Planning Board criteria. He still has to go back to the
Planning Board to get minor subdivision approval. There are sever-~
details that have to be worked out but the primary one involves
the Planning Board and I talked to them and they didn't want to get
too involved with it until you made a decision on the area variance
requirement, as to the location of the access road, which will be
~ part o~ the m~nor su~div$$iDn over ~ots 1 and 2; w~ere ~ would
e in re±aLlonsnlp. ±5 will nave to De moveG from w ere mean~srs
ZBA
April 11, 1985
Page 7
DOMINICK VARANO HEARING - continued
MR. LARK - continued: across the center of the property and they
will have the jurisdiction over that. Basically, they have ap-
proved the general lot layout and that is one of the criteria they
will have to work with him. The other one, as I indicated in
the petition;is that the building on lot 3 should probably be
some condition that they remain with their existing footprint.
Furthermore~that the garage and the existing apartment, which I
understand contains a bathroom and bedroom facility, there is
no cooking facility, will be used as it has been over the years,
solely in conjunction with the main house and not be expanded
into a separate dwelling. He has agreed with Mrs. Odell, that that
would remain the fact. Apparently that has been used over the years
for that purpose and it would continue in the same status, as an
accessory structure.
I don't have anything further, I think I have covered all the
points which you gentlemen have to consider. However, Dr. Varano is
here and he wants to add just a few things if you would hear it.
Thank you.
DR. VARANO: We have been on the North Fork for maybe 10 years and
my family and I have become very close to the North Fork. We plan
to make this my childrens' future place to stay at. With that in-
tention, we purchased the property we have now. At that time it
was one acre zone, so the intentions were to give our children one
parcel each and keep one parcel for ourselves. The law has changed
so we would like not to deprive the children of what we wish for them.
We would like to keep our promise to them that in the future there
would be a parcel given to them. As far as the apartment, it has
been used in conjunction with the ma~n house, mainly as a gues~
house. There is no cooking facilities, no kitchen. If you have
any questions, I will be happy to answer them.
MR. CHAIRMAN: Dr., there are times when we go out separately on
inspections and we are not able to make a date with you to inspect
the garage apartment. I would like to close this hearing tonight,
after we have questions from the audience. Allow us to come down
to look at the garage apartment, which I spoke to your attorney
2 or 3 months ago, when the application was first filed and so I
would like to come down this Saturday morning, if it is all right
with you. If you are not going to be there, maybe you could leave
a key someplace. I have a very heavy schedule and we just couldn't
put it together. I was down there last Saturday but I would not go
into any building without permission. Is that all right with you?
DR. VARANO: I will make it all right. I will be there around
11:00 a.m.
MR. CHAIRMAN: Thank you. Is there anybody else who would like to
be heard on behalf of the application? Against the application?
Questions from Board Members? Hearing no further questions, I
will close the hearing pending inspection of the garage apartment.
·
ZONING BOARD
OF APPEALS
Town Hall
Main Road - S.R. 25
Southold, N.Y. 11971
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
following public hearings will
be held by the Southold Town
Board of Appeals at the
Southold Town Hall, Main
Road, Southold, NY at a
Regular Meeting, commenc-
ing at 7:30 p.m. on THURS-
DAY, APRIL 11t 1985, and as
follows:
7:30 p.m. EMILIA T. PIKE,
by A. Wickham, Esq.,Main
Road, Mattituck, NY for a
Variance to the Zoning Ordin-
ance, Article Ili, Section 100-
31, Bulk Schedule for approval
of insufficient area of pro*
posed Parcels I and 2 and
insufficient lot width of Parcel
1, located at the North Side of
Main Road, Mattituck, NY;
County Tax Map Parcel No.
1000-140-03-26.
7:35 p.m. COLGATE DE-
SIGN CORP., by W. Esseks,
Esq., 108 East Main Street,
Riverhead, NY for a Variance
to the Zoning Ordinance,
Article VII, Section 100-71 for
permission to construct acces-
sory building within the west-
erly sideyard area. Location of
Property: 7-11 Store, North
Side of Main Road, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-102-05-24.
7:40 p.m. BAYVIEW DE-
No. 1000-123-02-003.
/~:20 p.m. DOMINICK VAR-~
_._~O~ by R. Lark, Esq., Box/
9'/]3, Cutchogue, NY for al
Variance to the Zoning Ordin-~
ance, Article HI, Section 100-~
31, Bulk Schedule for approval[
of insufficient area of proposed/
Lot 3, at premises 6750 Indian '~
Neck Road, Peconic, NY; }
County Tax Map Parcel No..~
1000-86-07-004.
-~ 8:30 p.m. ~LL~_.~..~_~_A]~.
HELEN COSTE~ by R. Lark,
Esq., Box 973, Cutchogue, NY
for a Special Exception to the
Zoning Ordinance, Article HI,
Section 100.30(B)[13] for per-
mission to establish and build
one-story building as a funeral
home business, at premises of
Dalchet Corp., S/s Main Road
and W/s Harbor Lane, Cut-
chogue, NY; county Tax Map
Parcel No. 1000-97-6-part of
1S; containing 2+ acres in
area.
The Board of Appeals will at
said time and place hear all
persons interested in the
above matters. Written com-
ments may be submitted prior
to or during the hearing in
question.
Dated: March 28, 1985.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By L. Kowalski,
Secretary
(516) 765-1809 (alt. 1802)
1T-4/4/85(37)
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND 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 Long Island Traveler-Watchman
once each week for .................. ./. ....... weeks
successively, commencing on the ........... ...........
Sworn to before me this .......... ( .......... day of
Natary Public
BARBARA FORBES
Notary Public, State of New York
iNo. 4806846
Qualified in Suffolk County
Comtni~ion Expires March 30, 19 (
~LEO~L~OT~CE
~IOTIcE IS HEREBY GIVEN
muant to Section 267 of the
~n Law and the Cede of tho
~a of Southold, lhe following
~lic hearings will ho held by -
, Southold Town Board of Ap-
peals at theSoutholdTown Hall,
Main ]Road, Southold, NY at a
Regular "eting, commencing '
at 7:30 on THURS?~AY,
APRIL ~ 1,1985, and as follows:
7:30 p.m. EMILIA T. PIKE,
by A. Wickham, Esq., Main
Road, Mattituck, NY for a Vari-
ance to the Zoning Ordinance,
Article HI, Section 100~;~1, Bulk
Schedule for approval of insuffi-
cient area of propoaed Parcels 1
and 2 and insufficient lot width
of Parcel 1, located at the North
Side of Maiif Road, Mattituck,
NY; County Tax Map Parcel No.
1000-140-03-26.
7:35 p.em COLGATE DE-
SION CORP, by W. F~seka
Esq., 108 East Main Street,
Riverhead, NY for a Variance to
tho Zoning Ordinance, Article
VII, Sectipn 100-71 for penms-
sion to construct accessory bnild-
lng within the westerly sidey2rd
area- Location of ~Pr0per~: %11
~tore, Horth Side of Main Road,
C'utchogue, NY; County Tax Map
Parcel No. 1000-102-05-24.
7:40 p.m. BAYVIEW DE-
VELOPMENT CORP./SAGE.
by J. Forchelli, Esq., 120 Minepla
Blvd, Mineola, NY 11501 for a
Variance to the Zoning Ordi-
nance, Article HI, Section
31, Bulk Schedule and Article
XIII, Section 100-136ATor ap-
proval of insufficient a~a and
width of each lot in this ~ce .pi~ed
19-let cluster devel_op,mlent or
subdivision ami immffi~e~f set-"
backs.' Location of Pro~erty:
67380 Main Road, Or~-nport,
NY; County Tax Map I 1 No.
1000-0534)5.001,001.3, 12.3;
known and refer~d to as "Breezy
Shores.'
7:55 p.m. JOSEPH
T.TZ'.EWSKI, 29205 Main Road,
Cutchogue, NY for a Variance to
the 'Zoning Ordinance, Article
HI, Section 100-30(B)[61 for per-
mission to construct buildin~ for
private membership with an
sufficient setback from the eas-
torly property line. Location of
Property:. N/s Main Road and Els
De~ot Lane, Cutchogue, NY;
County Tax Map Parcel
1000-102-02-12.1.
8:00 p.m. JOSEPH
LIZEWSKI - Special Exception
hearing ~ reconvene concerning
establishment ofracquethall/p~-
rate l~mberchip club.
8.~5 p.m. 'lOMAS HIGGINS,
Ruch Lane, Souti~kl, NY fo~ a
hence, Article HIL Section 100-32
for permi~aion to censtract acces-
sory garage in frontya~] area, at
~50 Ruch Lane, Sou~old, NY;
~ounty Tax Map Parcel No. -
1000-52.02.30. ,~'
8:10 pas. HAROLD C~tRR,
Box 1416, Mattituclr~ NY for &
varlallce to the Zoning Ordi-
nance, Article HI, Section 100-31
addition'~wlth an insufficient
rearyard setback, at 2045 Mar-
'County Tax Map Parcel No.
/~8:0-123-02'003~
20 p.m. DOM1NICK VAR-'~
ANO, by R. Lark, Esq., Box 973,/
Cutchogue, NY for a Variance _to/
tM Zoning Ordinance, Articl~
IH, Section 100-31, Bulk~
Schedule for approval of insuff-
cient area of proposed Lot 3 at
I premises 6750 I~l~lian Neck
Road, Peconic, NY; County Tax
~ap Parcel No. 1000-86-07-004.
8:30 p.m. WILLIAM AND
HELEN COSTER, by IL Lark,
Es~l., B?x 973 Cutchogue, NY for
a Speeii~l Exception to the Zon ng
Ordinance, Article IH, Section
100-30(B){13] for permi~ion to
'-estahlleh and build one-story
building ~s a funeral home busi-
nesa at premises of Dalchet
Corp., S/s Main Road and W/s
Harbor Lane, Cutchogue, NY:
CountY ~ Map Parcel No.
1000-97~6-part of 15~ containing
2+ acres in area.
The Board of Apreale will at
said time'ami place hear all per-
sons intere~tod in the above mat-
ter~ Written comments may also
ho submitted prior to or.during
Dated: March 28, 1985.
BY ORDER OF
BOARD OF APPEALS
GERARD [~. GOEHRINGER
' CRAIRMAN
By L. Kowulski, Secretary
(516) 765-1809 (all 1802)
ITA44856 -
STATE OF NEW YORK
COUNTY OF SUFFOLK
ANNA LEKKAS of Greenport, in
said County, being duly sworn, says that he/she ia
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published et Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly publiehed In
said Newspaper once each week for
weeks successively, commencinl[ 9n the 4
day ofAp r ± 1
Principal Clerk
SwOrn to before me this 4 ANN M. ABATE
/'~ ,0 ~.~ 5ulfolk County No 4748,183..~.~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER; CHAIRMAN
CHARLES GRiGON;S, JR.
SERGE DOYEN, .JR.
~OBERT J, DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.h, N.Y,
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Please find enclosed herewith copy of the Legal Notice
as published in the local and official newspapers of the
Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and
Suffolk Weekly Times, Inc. indicating the time and date of
your recent application with the Board of Appeals.
Someone should appear in behalf of the applicant at
the public hearing in the event there are questions from
board members or persons in the audience.
If you have any questions, please do not hesitate to
call our secretary, Linda Kowalski, at 765-1809 (or if no
answer, 765-1802).
Yours very truly,
CERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
Southold Town Board of Appeals
MAIN RnAD- BTATE RrlAD 25 SDUTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GR)GONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO:
Victor Lessard, Building-Department Administrator
FROM: Jerry Goehringer, ZBA Chairman
DATE: September 6, 1985
SUBJECT: Your Memo Dated September 3, 1985
Appeal No. 3330 Dominick Varano
In response to your memorandum dated September 3rd in the above
matter, it is the board's opinion that the decision as rendered
is clear and does not render more than one interpretation.
Attached for your perusal are copies of the hearing minutes
and letters in the record concerning the zoning code limitations
of one, single-family dwelling use per lot (100-30 and 100-31).
Your last sentence is unclear.
Jerry
Enclosures
TO~gN OF SOUTI~OLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
September 3, 1985
TO:
FROM:
SUBJECT:
Linda Kowalski,
Victor Lessard,
Dominick Varano
Zoning Boar~f Appeals
Exec Admin. I~
On request of variance for a substandard
lot, in a three lot subdivision, a condi-
tion was attached (condition #3) with ref-
erence to more than one dwelling per lot.
The phraseology seems to be getting more
than one interpretation. Another unanswer-
ed question, by applicant's attorney, is
what this condition has to do with Section
100-131 bulk and parking section of the
code? Client has a pre-existing condition
removed for the sake of a 5% relief on
property size.
VL:hdv
DOMINICK VARANO, D.D.S., A.A.S., P.C.
Town of Southold
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPg'LMAN
May 16, 1985
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Co~ssion are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
Municipal File Number
Lynn Sciora
Douglas Cooper
Emilia T. Pike
Dominick Varano/
3324
3325
3327
3330/
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Board of Appeal
MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I,, N.Y, 11971
TELEPHONE 1516) 765 lSOC~
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
××× Variance from the Zoning Code, Article III , Section ]00-3]
Variance from Determination of Southold Town
Building Inspector
Special Exception, Article , Section ~1
Special Permit
Appeal No.: 3330 Applicant: D0minick Varan0
Location of Affected Land: 6750 Indian Neck Road,
County Tax Map Item No.: 1000- 86-07-004
within 500 feet of:
XXX
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Owned Land
Boundary of Existing or Proposed County,
or Other Recreation Area
Peconic
Thruway
State or Federally-
State or Federal Park
Existing or Proposed Right-of-Way of Any Stream or Drainage
--Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or Within One Mile of a Nuclear Power Plant
within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to
and f~ nhta~n ~r~a ~pprnval nf lnt #3 on a proposed
which conf~n$ 76,~nN~ ~ ft. nf area
sqbdivide property
minor subdivision
Copies of Town file and related documents enclosed herewith for your
review. ~
Dated: ~/i,~/f.~' Secretary, Board'of Appeals
Southold Town Board of Appeals
MAIN RDAD- BTATE Rr'IAD 25 ~DUTHI3LD, L.I., N.Y. 119'71
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
May 9, 1985
Richard F. Lark, Esq.
Main Road, Box 973
Cutchogue, NY 11935
Re: Appeal No. 3330 Dominick Varano
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may bp applicable.
If you have any questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
GERARD P. GOEHRINGER
CIIAII~AN
Enclosure By Linda F.
Copy of Decision to Secretary
Building Department
Plaoning Board
Suffolk County Planning Commission
Kowalski
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. '-~ 3 43
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant Street and Number
............. ..S.,~..o..o..k..X..~.. ................................................................ .N.....Y.......X..X..2..2..8. ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT ~ ..... St~DTV]:gF- ............. DATED ..~I~.t;eIl~t'..ZL,..~,9.~l.~. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO ])avid Saland
..... ......................................
Name of Applicant for permit
of
...... .e..c..o,.n..i.,c. .........................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X ) PERI, IT TO SUBDIVIDE
1. LOCATION OF THE PROPERTY .~.n~.d..i..a..n...~e.c...k...~.`n.`?~!~..P.~e..c...o~.n..i.`c.!.~.~Z~.~.'~.~'~'.~~..~ A~;ricul-
Street Use District on Zoning Map l:ural.
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.)
ARTICLI~ I Section 106-20 and ARTICLI~ IT! Section 100-31
3 TYPE OF APPEAL Appeal is made herewith for
(X) 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 ttllll~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that Petitioner seeks to subdivide the property and to
obtain area approval of Lot No, 3 on a proposed minor subdivision which contains
762300 square feet of area.
Form Zl]I (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because your Petitioner is the o~ner of a 5.425 acre parce! of land
end des/res to subdivide it /nra three separate parcels so that Petit~oner will
be in · position to convey a lot to each of his three children. The overall
property confl~uration is ~ectan~ular in shape be/n/ approxl~tely lg7 feet ~lde
and h~inS a depth of approx~ately 1,150 feet, sll as sh~ on the '~lnor Sub-
division ~p of V~operty Su~eyed for Dominick Varano by Rode~ick Van ~yl,
~nd*d Septemb,r 6~ 1984" ~hich is attached hereto as Exhibit A. In September
1984 your Petit~oner*e real e~tate a~ent applied ~o the Plannin~ Bo~rd of the
~o~ of S~thold for pe~iss~on to subdivide the property into three p~rcels
l~nd as sh~ on Exhibit A. ~e Vls~in~ Boa~d ~n a leteer dated October 9, 1984,
~ndic~ted th*t since ~t No. 3 d~d not meet ~he current zon~n~ standards for area.
an area var~ce =auld have to be obtained from the Board of Appeals. Attached
hereto as E~b[t B ~s a letter of the Vlsnnin~ Board dated October 9~ 1984.
~t No. 3 is ~ect~n~l~r in s~pe be~n~ approxima~ely 195 fee~ ~ide and 390
feet ~ lensth. ~e lo~ contains 76~300 square feet ~ich is 3~700 square feet
less t~ t~ ~re~ required for an "A' Residentia~ and A~ricultural zone. However,
this proposed lot ~ets all other require~n~s of the ZoninE Ordi~nce
Southold. ~is lot canters the t~-stor~ fr~e house alon~ ~th the ~sra~e ~part~nt
and fronts on Peconic Bay. Since this property has al~ays been used for a sin~le~
f~il~ pu~ose~ your Petitioner slrees to exec~e s cave,hr t~t ~t No.
' (cont~ued on sttached r~der)
2 The hardship created is UNIQUf and is not shared by oil properties alike in the immediate
vicimty of this property a~d in this use district because your Petitioner's property is lar~e~
in ere, and ~dth th~n ~st of the surro~din~ residenti~ lots ~n th~s nei~hbor-
hood~ and it is c~usin! a person~l hsedship to Petitioner% f~[ly not to be able
to divide th~ property into three lots.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because if the pll~p~sed minor subd:tvis:l.on is finally
approved the property vi11 reuin in residential use, and the three lots created
are ~nple in area for the neighborhood.
STATE OF NEW YORK )
) ss
COUNTY OF S~FFOLK )
Signature
Do~inick Varano
Sworn to this ........2.,!}.t}.l! .............................. day of ............ ~'~lO!m~' .............................. 19 85.
Notary Public, State of New York
Suffolk County No. 52-5792800
CuL,~dssion Expires March 30, 1986
APPEAL FROH DECISION OF THE BUILDING INSPECTOR
~O TIlE ZONING BOtlfl) OF APPFALS, TOI~ OF SO~THOLD
BY DOHINICK VARA1/O
(Strict application of the Ordinance) coned.
costinue to be used only for a single f~nily purpose and the existing garage
apartment viii only be used as a garage and guest cottage in conjunction
with the ~ain house. The proposed subdivision is the only prac~ical mans
of subdividing Petitionerts property considering the shape and lot dapth of
the property. Considering the existing neighoorhood the variance applied for
is not substantial in relation to the zoning standards.
Dominick Varano
.I hix,,, :~-
TOWN OF SOUTHOLD
Petition of
VAILa.~ O
Town of Southold
Gutnan &:ux
108 East 82st
New York, New York 10028
Sue K. Odell
5314 Mandell Street
Houston, Texas 77024
NOTICE
TO
ADJACENT
PROPERTY OWNER
Robert Martin & ux
525 Manhasset Woods Road
Manhasset, New York 11030
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (:f~oYa~i~f~:~:~a:&~N~) (the following relief: Approval of a
lot on a minor subdivision containing less than 80,000 square feet.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Indian Neck Road; East by Guinan; South by
Peconid Bay and West by Odell and Martin.
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural District
4. That by such Petition, the undersigned will request the following relief: Approval of a
lot on a minor subdivision containing less than 80,000 square feet.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article I Sectic~ 10620 and Article III Section 100-31
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) 765-1809.
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
fight to appear and be heard at such hearing.
Dated:
January 29, 1985
Petitioner Dominick Varano
Post Office Address
1024 79th Street
Brooklyn, New York 11228
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
George Guinan & ux
Sue K. Odell
Robert Martin & ux
108 East 82 Street, New York, N.Y. 10028
5314 Mandell Street, Houstan, Texas 77024
525 Manhasset Woods Road, Manhasset, NY
11030
P 572 917 9§2
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
S t to
~ue K. Odell
Street and No,
_5314 Mandell Street
· P. ·, State and ZIP Code
i,~ouston, Texas 7702,
! 'Postage $
3ertified Fee 7
Special Delive~ Fee
Restricted Deliver/ Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom,
Date, and Address of Delivery
Postmark o
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Babette Cornine , residing at 514 Bailey Avenue, Greenport,
New York 11944 , being duly sworn, deposes and says that on the 30th day
of January ,19 8 5 , deponent mailed a true copy of the 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 Southold; that said Notices were mailed at the United States Post Of-
fice at Cutchogue, New York ; that said Notices were mailed to each of said persons by
(certified) (l~ms~l~) mail.
Sworn to before me this 30th
day of January ,19 85
Notary Public
Babette Cornine
BARBARA DIACHUN
Notary Public, State of New Yot~
No. 52-4635190 Suffolk Count~
Commission Expires MaI2cJ~ ~ ~1~
SHORT EHVIRONhtENTAL ASSESSIAENT Fot~,t
iNSTRUCTIOHS: , .
~ (o) Z~ order %o answer the questions in th short EAF i% is assumed
information concerning the
that_the preparer will use. currently available
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
significant and a completed Environmental Assessment Form is necessary.
(c) if all questions have been answered No it is likely
project is no[ significant. ' ~ · '..,
(d) Environmental Assessment ....
10.
"11.
12.
13.
15.
Will project result in e large physical change
to the project'site br physically alter more
'Yes,~ N
than lO acres of: land? ........................
¥1ill there'be a major change to any unique or
· unusual land form found on the site? .......... Yes. X
%?ill project alter or have a large: effect' on
existi g b dy f t ? ' ¥9S X NO
Will project have a potentially large impact , ..
on groundwater quality? ....................... Yes, x'No
%?ill project slgnificon[ly effect drainage
flo~? on adjacent sites? ' Yes X No
%?ill project affect any threatened or
cndangered plant or animal species? ........... . Yes x No
¥1ill project result in o major adverse effect ''
air quality? ' ' Yes X No
¥1ill project have a major effect on visual
character of the community or scenic views or.
vistas known ia:be important [0 [he community?. 'Yes x'No
¥~ill projec{ o'dversely impact any si[e or ..
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by local agency? .... Yes X No
Will project have o major effect on existing
or future recreational oppor[unities?.~ ..... ,... Yes x No
Will project result in.major traffic problems ' ''
o~ cause a major effect to ex-isting
~ronsportotion sys[ems? ....................... .. Yes~x No
%?ill project .regularly cause objectionable
odozs, noise,· glare, vibration, or electrical.
disturbance as a result of the project's
opera, ion? ..................................... .. Yes× No
Will'project have any impact on public health"
or.safety? .................................... YesX No
Will project affect the existing community by
directly causing o growth in permanent
population of more than 5 percegt over a one
year per~od or hove o major negative effect
on the character of the community or
Yes x No
neighborhood? .................................
Is ~here public controversy concerning the
project? ....................................... , Yesx No
PREPARER 'S SIGNATURE
REPRESENT]NC Dominick Varano ~'
Richard F. Lark~ Esq.
DATE January c~J, 1985
January 29, 1985
(Today's Date)
To:
Southold Town Board of Appeals
:.lain Road
$outho!d, NY 11971
Appeal Application of Dominick Varano
Location of Property: Indian Neck Road, Peconic, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 ~YCRR, Pa~t 661, and Article' 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
Ix]
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
~ay b~ located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
~f this property is a bulkhead less than 100 feet
in length.
[ ]
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to tile best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature please)
Dominick Varano
,,t
361
,4, ~,,r. 9 ZC, -'4,
4-00
'733.77 [dq
,D
£L
--MINO~ ,~UE~DIVI$10~q-