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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-