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Home My WebLink About3272Rabbi~ Lame ~.ast Marion F2LN~ST G. OURP~ZN #3292 FILED: ?/2~/8~ Divisiom/imsu££.~ area _& width Cond.'l. appr. 10/25/84-~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS TO: Appeal No. 3272 Application Qated July 24, ]984 (Public Hearing Samuel J. Glickman, Esq. as Attorney for ERNEST G. CURRAN 114 Main Street ~eenport, NY 11944, October 25, 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 25, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3l [ ] Request for Upon application of ERNEST G. CURRAN, 485 Rabbit Lane, East Marion, NY (by S. Glickman, Esq.) for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of insufficient area and,width of par- cels with existing buildings in this proposed division of land located at the north side of Rabbit Lane, East Marion, NY; County Tax Map Parcels No. 1000-31-17-13. The board made the following findings and determination: By this appeal, applicant seeks a variance from Article III, Sec- tion 100-31 of the Zoning Code for approval of insufficient area of 8,500± sq. ft. and insufficient lot width of 42± feet of two proposed parcels located at the North Side of Rabbit Lane in the Hamlet of East Marion. Existing on proposed Parcel "B" is a one-family, one-story frame dwelling set back at its nearest point from Rabbit Lane 24 feet and three feet from the easterly side line as proposed. Existing on pro- posed parcel "A" is a one-family, two-story frame dwelling set back 42 feet from its nearest point from Rabbit Lane, nine feet from the easterly side property line and 10 feet from the proposed westerly side property line, and a 12' by 24' accessory storage-garage building situate in the frontyard area 16.5 feet from Rabbit Lane and 3.5 feet from the easterly side line. In viewing the general character of the neighborhood, the board has found that to the east of these premises are several!parcels of the same or similiar size, dimensions and character as proposed by this application. Also, the board finds that the two dwellings exist- ing were constructed prior to the inception of zoning (1957) and that by allowing the relief requested no change will be made since the premises would each be improved with one, one-family dwelling. Each of the dwellings have separate cesspools and a public water station services each. ~ It is further noted that the Planning Board at its September 10, 1984 meeting approved the set-off division of this property subject to approval of this board and consideration of the Suffolk County Planning Commission. (CONTINUED ON PAGE TWO) DATED: October 3l, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3272 Matter of ERNEST G. CURRAN Decision Rendered October 25, 1984 In considering this appeal,the board has determined that: (1) the circumstances of this appeal are unique; (2) that by allowing the relief no detriment to adjoining properties would be created; (3) no adverse effects will be produced on available governmental facilities of any increased population; (4) the relief will be in harmony with the intent of zoning; (5) in view of the manner in which the difficulty arose, the interests of justice would best be served by g~anting the application as noted below. Now, therefore, on motion by Mr. Sawicki, seconded by Mr. Goeh- ringer, it was RESOLVED, that the relief requested under Appeal No. 3272 in the matter of ERNEST G. CURRAN for approval of insufficient area and width of parcels as proposed,iSUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further sideyard reductions on either parcel to less than that permitted by the zoning code; 2. Referral to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-13. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. Member Douglass was absent (due to illness). This resolution was adopted by unanimous vote of the members present. lk JGERARD P. GOEHRtNGER,/CHAIRMAN October 31, 1984 / RECEIVED AND FIL I THE sOUTHOLD TOX/~N CLERI~ DATE7~ ~,/~ HOUR / ZONING BOARD OF APPF.,AL~ TOWN HALL ..,~ MAIN ROAD . S,R. 25 $OUTHOLD, N.Y, .11971 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Appeals, on THURSDAY, OCTOBER 25, 1984, commencing at 7:30 o'clock p.m., at the Southold Town Hall, Main Road, Southold, NY: 7:30 p.m. Application of WINDS WAY BUILDING CORP., Glen Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of an insufficient rearyard setback of a new one-family dwelling located on Private Road #1 off the North Side of North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-077-03-25. 7:35 p.m. Application of JOSEPH A. McKAY and MICHAEL S. GREENLY, 14 East 60th Street, New York, NY 10022, (by G.F. Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area, width, and depth of parcels with existing dwellings in this proposed division of land located ag Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-16. 7:40 p.m. Application of JEAN C. HOLLAND, Vanston Road, Cutchogue, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area and width of parcels in this proposed division of land known as Lots 36 and 37 on Map of W.C. Grabie at Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Properties (Section C), Lowland Road, Cutchogue, NY; County Tax Map Parcels No. lO00-111-10-1 and 18. 7:45 p.m. Application of ACADEMY PRINTING SERVICES, Horton's Lane, Southold, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for approval of insufficient area and width of parcels in this proposed division of land located at the South Side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-1-2. 7:55 p.m. Application of BERNARD and GERALDINE DEMPSEY, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for approval of excessive lot coverage and construction of pool in an area other than the required rearyard located at 5705 Stillwater Avenue, Cutchogue, Fleetwood Cove Subdivision Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of October 25, 1984 Lots 16 and 17; County Tax Map Parcel No. 1000-137-04-004. 8:05 p.m. Application of COLGATE DESIGN CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to construct building for storage purposes with an insufficient sideyard setback. Location of Property: North Side Main Road, Cutchogue (7-11 Store), County Tax Map Parcel No. 1000-102-05-24. 8:10 p.m. Application of SOUTHLAND CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to construct building for storage purposes with an insufficient sideyard setback. Location of Property: South Side Main Road, Southold (7-11 Store), County Tax Map Parcel No. 1000-62-3-37. 8:25 p.m. Application of ERNEST G. CURRAN, 485 Rabbit Lane, East Marion, NY (by S. Glickman, Esq.) for a Variance to the Zoning Article III, Section 100-31 fpr approval of insufficient Ordinance, area and width of parcels with existing dwellings in this proposed division of land located at the North Side Rabbit Lane, East Marion; County Tax Map Parcels No. 1000-31-17-13. Persons desiring to be heard should do so in person or in writing before or during the public hearing. For additional information, please contact our office at 765-1809 (or 1802). Dated: October 15, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN NOTICE TO NEWSPAPERS: Please publish THURSDAY, OCTOBER 18, 1984 and forward 8 affidavits of publication on or before October 22, 1984 to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To _%,~,x.. ~ ~/,:~... ~;7~r .....~/..~.::q...~.7.: .................. ... ~~~ ~ .~, ~.. x~ PLEASE TAKE NOTICE that your application dated ..... ~L~ .... ~ .~. ..... , 19~. for pe~it to construct..~l ~.~f~~ ................ ~...L ...... at ~cation of Prope~y h~3~../f~/~.../~i ....... ~ '~~io~ ~' V County Tax Map No. 1000 Section .~.~ ....... Block .... [. ~ ...... Lot .~./~ ........ Subdivision '- Filed Map No. -~ Lot No. is returned herewith and disapproved.°n the following grounds .-~ .~j,~'~.. "~..t'.~,'(~/.~../~.... ~--~,a~.u~.~.D.. doF~.c~.../~z e~. ~,~4/.~. ~. ~.. ~...x~ ~c~.?...~/~.~..~...~: ~.. o~.. ~ .~" ~ ~" x Build~g Inspector RV TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ~...u..12;....1..3. ,... ~ 9..8..4. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ............................... of .......................................... Name of ADpel/(~nt Street and Number North side of Rabbi~ Lahe (private road) 475' e/o Bay Ave., East Marion ..... .N..,.~., ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: IIEJ FOR: ~;SiO~ c ~ &aa0 WHEREBY THE BUILDING INSPECTOR DENIED TO Ernest G. Curran Name of Applicant for permit of 485 Rabbit Lane, E. MarigD Street and Number Municipality State ( ) PERMIT TO USE (×) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD LOCATION OF THE PROPERTY . . ................................. and Hamlet eStreet hZ ........................................ .............. . ( 2 PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~-~ , Section /~0-- 3! 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 (has) (l~....~t) 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 (x) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 t.~ A Variance to the Zoning Ordinance ) ,s requested for the reason that ~ awne~ .is desirous o~ selling easterly portion of his pr~mises on which is e'rected a two-story frame house. F0n~ ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because to c~r~ly with the ordinance as written it would be in~ossible to sell the easterly portion of the pr~mises as it would constitute an undersized resident plot. 2 The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because ~ one-family dwellings are errected on the owners pr6saises the li~e of dimensions of which, are approximately 85' front and rear, 200'- on th~awest and approxnnately 180' on the east. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the majority of residential property in the immediate neighborhood is approximately 50' in width. Conditions would r~ain the same only change would be single and separate ownership. Each building has its own sewage system and water supply. / Sworn to this ........... ~...~....~....~.. ............ day of..(.~!~f ............................................ ........................... ~'~'~f Pubii~'"'"~ ..... N~A~ PUBLIC, S~te of New York N~. -~ ~kes Ma~ch 30, TOWN OF $OUTHOLD I~OPERTY RECORD CARD OWNER FC)~ER OWNER STREET VI LLAGE LOT DISTRICT SUB. ACREAGE 'i/YPE OF BUILDING LAND NEW Tillable 1 Tillable 2 Tillable 3 Swampland B n.Z.~Jand' Ho.,? mot, T~tal ' IMP. // Oo /~ o 4~-oo / NORMAL Acre TOTAL DATE ' REMARKS ~"~-., ~dr, ~/ ~ /,.~ ,) · ~ z../ ,/ /~/' ~ ........ ,.,.,,~,~,. .... _/- ~ ~ ~ ~r,' //, I ''' / ~ ~ ~//.~/~ ~ J · ~ _ _ BELOW ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Value Per Acre Foundation . Fire Place Porch Roof Type Porch Rooms 1st Floor Patio Rooms 2nd Floor DriYewoy Dormer Breezeway 1000-31-17-13 Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN November 15, 1984 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Ernest G. Curran 3272 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VETERANS MEMORIA~* HIGHWAY HAUPPAUGE. ~.. I., NI~W YORK 11788 Southold Town Board of Appeals MAIN I~DAD- STATE EnAD 25 srlUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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: XX Variance from the Zoning Code, Article III, Section ]00-3] ~ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3272 Applicant: ERNEST G. CURR^N Location of Affected Land: N/S Rabbit Lane, East Marion, NY County Tax Map Item No.: 1000- 3]-]7-]3 Within 500 feet of: __ Town or Village Boundary Line X× Body of Water (Bay, Sound or Estuary) Gardiners Bay __ State or County Road, Parkway, Highway,~ Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __ Within One Mi~e of An Airport. COMMENTS: Applicant ~~xpermission ~ with ~nnditinn~ attached findinqs and determination. & Marion Lake as per Copies of Town file and related documents enclosed herewith for your review. Dated: November 9, 1984. ~'retary, B0a~rd of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ' APPEALS BdARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 31, 1984 Samuel J. Glickman, ll4 Main Street Greenport, NY 11944 Esq. Re: Appeal No. 3272 Ernest G. Curran 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 ~ 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, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Z,ONING I~OARD ToWn ~ Town hrd '~h~, N.Y~ ~ ~o~, ~old, '~ new:~ ~m~y Off ~e No~ Side of ~i~ ~d, South- N.Y.;~un~ T~ Map and ~ S. OREEIq, Y, 14 East 60th Street, New York, uy-ec~ngeu rot a variance eo construct building for storage purposes with an insufficient sideyard setback. Location of Property: South side Main Road, Southold (7-11 Store), County Tax Map Parcel No. 1000-62-3.37. f 8:25 p.m. Application ot~ ERNEST G. CURRAN 485'~ Rabbit Lane, East Marion,/ N.Y. (by S. Glickman, Esq.)/ for a Variance to the ZoningI Ordinance, Article II1, Section] 100-31 for approval of insuffi- ~ tcient area and width of parcels ( with existing dwellings in this \ proposed division of land \ located at the North side~ Rabbit Lane, East Marion; ] County Tax Map Parcels No. ! x.~0~p -31-17-13. ersons desiring to be heard should do so in person or in writing before or during the public hearing. For additional information, please contact our office at 765-1809 (or 1802). Dated: October 1.5, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1T-10/18/84(65) COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the natice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on the ................ .~....~....m.. ......... f ..... ...................... Sworn to before me this .............. .4(.. .............. day of ........... ................. , Notary Public BARBARA FORBES Notary Publle, State of New York No. 4806846 Qualified in Suffolk County Commission ~xpires March ~0, 19g~/ Legal Notices - LEGAL NOTICE NOTICE IS HEREBY GIVEN, purouant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following matters will be held for public hearings by the Seuthold To~n Board of Appeals, on THURSDAY, OCTOBER 25, 1984, commencing at 7:30 o'clock p.m., at the Seuthold Town Hall, Main Read, Seuthold, NY: 7:a0 p.m. Application of ~ WAY BUILDING CORP., Glen Road, Seuthold, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of an insuffi- cient rearyard setback of a new o~z.family dwelling located on Private Read #1 off the North Side of North Bayview Read, Seuthold, NY; County Tax Map pat~el No. 1000-077-03-25. 7:35 p.m. Application of JOSEPH A. McKAY and MICHAEL S. GREENLY, 14 East 60th Street, New York, NY 10022, (by G.F. Olsen, Esq.) for a Variance to the Zoning Ordi- nance, Article HI, Section 100- 31, for approval of insufficient area, width, and depth Of parcels with existing dwellings in this proposed division of land located at Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map parcel No. 1000-117-09-16. 7:40 p.m. Application of JEAN C. HOLLAND, Vanston Read, Cutchague, NY (by M. Hall, Esq.) for a Variance to the Zoning Or- diannce, Article HI, Section 100- 31, for approval of insufficient area and width of parcels in this C), LowO Road, Cutchogue, NY; County Tax Map parcels No. 1000-111-10-1 and 18. 7:45 p.m. Application of ACADEMY PRINTING SER- VICES, Horton's Lane, South- old, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordi- nance, Article VD, Section 100- 71, for approval of insufficient area and width of parcels in this proposed division of land located at the South Side of Traveler Street, Southold, NY; County TaxMap parcelNo. 1000-61-1-2. 7:55 p.m. Application of BER- NARD and GERALDINE DE- MPSE¥, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IH, Sections 100-31 and 100-32 for approval of excessive lot coverage and construction of pool in an area other than the re- quired rearyard located at 5705 Stitiwater Avenue, Cutohogue, Fleetwood Cove Subdivision Lots 16 and 17; County Tax Map Par- cel No. 1000-137-04004- 8:05 p.m. Application of COI~ GATE DESIGN CORP., 300 Motor Parkway, Hauppauge, NY (by Esscks, Hefter, Cuddy & Angel) for a Vartsnce to con-~ struct building for storage pur- pocee with an insufficient sideyard setback. Location of Property: North Side Main Read, Cutchogue (7-11 Store), County Tax Map parcel No. 1000-102- 05-24. 8:10 p.m. Application of SouTHLAND CORP., 3O0 Motor parkway, Hauppauge, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to con- struct building for storage pur- poses with an insufficient sideyard setback. Location of Property: South Side Main Read, Seuthold (7-11 Store), County Tax Map Parcel No. 1000-62-3- proposed division of land known 3 as Lots 36 and 37 on Map of W.C. ~8:25 p.m. Application of ER- Grabie at Na~au Point, and Lots ~ NEST G. CUP, RAN, 485 Rabbit 327 and 328 on Map of Nassau I Lane, East Marion, NY (byeS. Point Club Properties (Section ~ -_ r..o~.'r, /~Glickman, Esq.) for a ~[[l~.nce to the Zoning Ordlnanc~E~vC~ HI, Section 100-31 for eppro of insufficient are~ and, wi,d? 0~ ' in this propoced dlv,s~.o,n o~fJ~a~n~ located at the North Stae Map Parcels No. 1000.31-17-~ should do so in person or in writ- hear/rig. For additional informa- 765-1809 (or 1802). Dated: October 15, 1984. BY ORDER OF of Greenport, in Bworn, says that ha/she is UFFOLK TIMES, a Weekly t Greenport, in the Town Suffolk and State of New THE soUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, ~ of which the annexed is CHM~'~/AH m regularly published in 1T018-4686 _ - each week forOne weeks successively, commencing on the ~- 8 deyof OcH-ohf~ r- 19 84 Principa~[~l~rk Sworn to before me this ] 8 .dayof October 19 84 DANIEL C. MOONEY 450 Rabbit Lane East Marion, New York October 24, 1984 Zoning Board of Appeals Town of Southold Southold Town Hall Main Street Southold, New York 11971 Re: Application of Ernest Curran Zoning Board of Appeals Calendar October 25, 1984 Gentlemen: We are aware of the application of Ernest Curran which requests a subdivision of his property located on Rabbit Lane. We are the adjoining owners (to the south of that property) and wish the Board to know that we have no objec- tion to Mr. Curran's application and do not believe that it will have any adverse effect on the community. Therefore, we urge you to approve his application. Very truly yours, Daniel and Maureen Mooney [ DCM:md EXPRESS MAIL SAMUEL J. (~LICKMAN October 23, 1984 Board of Appeals Town Hall Southold, N.Y. 11971 RE: Ernest G. Curran - 475 Rabbit Lane, E. Marion, N.Y. Enclosed is a copy of the certificate of occupancy on the above captioned premises. 11939 SJG:vm Enclosure FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspe;tor Town Hall Southold, N.Y. Cerli. ficate Of Occupancy THIS CERTIFIES that thq. building ................................................ Location of Property ..... 4.7..5..R.a.b..l?.i.~. ,L. {~.n.e., ........ .g.a.s.~...M.a?.i. 9 .n~..~e. ¥..Y. qe..k ....... House IVo. Street Hamlet County Tax Map No, ! 000 Section'...0 .3.1 ....... Block, ...... 1.7. ....... Lot .... .0.1.3. ......... Subdivision ............................... Filed M~/p No ......... Lot No ............ '.. conforms substantially to the Application for Building Permit heretofore fried in this office dated August 7 19 81pursuant to which Building Permit No. 11320 Z - dated ....... .A.u.g.u.s..t..? ............ 19.8.1., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Second Floor Addition to Dwelling The certificate is issued to ..... .E.~.n..e?.~..C..ur.~.a.n' ...................................... (ownezdg~eR £r~,~ x of the aforesaid building. · Suffolk County Department of Health Approval .... .N/.R. .................................. ........ e.q~0~3xg ....................... UNDERWRITERS CBRTIFICATE NO... /~~ .......... Rev. 1/81 Southold Town Board of Appeals MAIN ROAD- -qTATE RnAD 25 BnUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E · Q. R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~[ENTAL DECLAPJ~TION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3272 PROJECT NAFiE: ERNEST G. CURRAN 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for divisi0n/insuff, area & width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Rabbit ~ane, East Marion, NY; County Tax Map No. 1000-31-17-14. 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 a setback or lot line variance~ which does not require further processing unde~ "Type II" Actions of the State Environmental Quality Review Act. 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 ~pplicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLIRK REGISFRAR OF VITAl. SIX,[ISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3272 filed by Samuel J. Glickman on behalf of Ernest G. Curran, for a variance. Also included is Notice to Adjacent Property Owners, Short Environmental Assessment Form, Notice of Disapproval from the Building Department, copies of Deeds from Ubbens to Curran, and from Schimatz and Pascale to Curran, and copies of survey of the property. Southold, N.Y. 11971 (516) 765-1938 September ll, 1984 Mr. Samuel J. Glickman, 114 Main Street Greenport, NY 11944 Esq. Re: set-off of property for Ernest G. Curran Dear Mr. Glickman: Please let this confirm the action of the Planning Board Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board approve the set-off of Ernest G. Curran located at East Marion subject to the approval of the Zoning Board of Appeals for the variances necessary, and the consideration of the Suffolk County Planning Commission. Please forward six (6) surveys (see the enclosed list for requirements) for our referral to the County. If you have any questions, please don't hesitate to contact our office. Very truly yours, .~ccn.'C'Board of Appeals BENNETT ORLOWSKI, JR. , CHAIRMAN THOLD TOWN BOARD PLANNING, By lane M. Schultze, SeCretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ~OtlTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 August 20, 1984 Samuel J. Glickman, Esq. ll4 Main Street Greenport, NY 11944 Re: Appeal No. 3272 Ernest G. Curran Dear Mr. Glickman: This letter will confirm that the following action was take by the Board of Appeals at its Special Meeting held August 14, 1984 concerning the above matter: RESOLVED, that the application for ERNEST G. CURRAN, Appeal No. 3272, be and hereby is held temporarily in abeyance pending receipt of comments or approval from the Southold Town Planning Board in accordance with Chapter Al06 of the Code concerning division of land. Upon receipt of same, this matter will be considered for a public hearing at the next available date. If you have any questions please don't hesitate to call. Yours very truly, CC: Planning Board Building Department GERARD P. GOEHRINGER BCy~L~R~MA N ~ · Kowal ski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: DATE: SUBJECT: Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTIdOI. D, /.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 Southold Town Planning Board August 3, 1984 Confirmation of New Applications Involving Planning Board This letter will confirm that our office has received the following applications, which are being held temporarily in abeyance pending review by and response from your department elements within your jurisdiction (in accordance with Chapter Al06 Subdivisions): Appeal No. 3277 Appeal No. 3274 Appeal No. 3273 - L~./k~peal No. 3272 Appeal No. 3268 - Appeal No. 3266 - Appeal No. 3267 - Marie Patterson Gr. Peconic Bay Blvd, Laurel Best, Schmitt, Syverson ROW off Camp Mineola Road, Mattituck. Academy Printing Services Horton Lane, Southold. Ernest G. Curran - Rabbit Lane, East Marion. J. Katharine Tuthill Old Harbor Road, Cutchogue ,'C-Light Industrial" Zoning District. Antone and Jean Mileska - Marratooka Avenue, Mattituck. Constance Klapper (change of lot line to increase size of smaller lot, subdivision grandfathered 9/80) ROW off Oregon Road, Cutchogu~. Please provide us with copies of correspondence concerning actions by your board to keep our file up-to-date. Thank you for your cooperation. J Southold MAIN ROAD-STATe ROAD 25 Town Board o£ Appeals SOUTHOLD. L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A . SERGE DOYEN, .JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~ENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3272 PROJECT NAME: ERNEST G. CURRAN 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for divisi0n/insuff, area & width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Rabbit Lane, East Mari0n,.NY; County Tax Map No. 1000-31-17-14. REASON(S) SUPPORTING THIS DETEP~MINATION: (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 relie£ requested is a setback or lot line Yariance~ which does not require further processing under "Type II" Actions of the State Environmental Quality Review Act. 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. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZC~NING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Ernest G. Curran -, 485 ....~...it ~9.~ .................. I~c~e. of Aooellont Street and Number North side of r~DOlt Lah~ (private road) 475' e/o Bay Ave., East Marion ..... ~.,)F., ............... HEREBY APPEAL Ia Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~1151~ FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Ernest G. Curran Name of Applicant for permit of 485 P~hhit Lane, E...M~ion ~ v Street and Number Municipality State ( ) PERMIT TO USE (x) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .~.,~.~S.¢'..~' '''~'''~/''~'' . .~..~....~.....~/..~....~.. A Street and Hamlet ................. ~::~ ..... ........................................ (s).. .<'u.r.r.o.O .... Mop No, Lot No. DATE PURCHASED: ..................... 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article r~-'--, Sect/on /,O-- 3? 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 (has) (h4~,,-net) 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 (x) request for a variance and was made in Appeal No ................................. Dated ........ . ............................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~Rk'~x]c]cJ:k~ owner .ts des.trous of sell±rig easterly portion of his pr~mises on which is e-rected a two-story frame house. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because to curly with the ordinance as written it would be impossible to sell the easterly portion of the pr~mzises as it would constitute an undemsized resident plot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because two one-family dwell±rigs are errected on the c~ners pr~nises the l~e of dimensions of which are approximately 85' front and rear, 200'- on th~ .-west and approximately 180' on the east. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the majority of residential property in the inmediate neighborhood is approximately 50' in width. Conditions would r~nain the same only change would be single and separate ownership. Each building has its own sewage system and water supply. COUNTY OF Suffolk ) ........... ............ ............................................ Swam to this .......................... .................. ~uelJ//~d In S~/fo/k Coun~ ~ ~lres March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ERNEST G. & MARY C. CURRAN to the Board of Appeals of the Town of Southold TO: -V ~irginia Gray 520 Rabbit Road m. Marion,N.Y. 11939 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is Iocate. d adjacent toyour property and is des- cribed as follows: ~485 North side of RaDbit Lane (private road) 475'+ e/o Bay Ave., E. Marion, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition, the undersigned will request the following relief: permission to split existing parcel in order to sell parcel described in ~2 above which would then be approximately 200' in depth and approximately 50' on Marion lakm and Rabbit Lane. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sectic~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (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 right to appear and be heard at such hearing. Dated: July~ 1984 Ernest G. Curran Petitioner Post Office Address 485 Rabbit Lane E. Marion, N.Y. 11939 NAMg Virginia Gray William ~ .... RECE. tPT }=OR cERTtFIE~ M~ PROOF OF MAILING OF NOTICF ATTACH CERTIF.IED MAIL RECEIPTS 520 la~t~it Road E. Maricl%, N.Y. 11939 490 Rabbit Lane E. Mari~, N.Y+ 1193.9 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Virginia Maginn , residing at Mattituck, N.Y. , being duJy sworn, deposes and says that on the ~ day of .T,,q,, ,19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side~her~eof, 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 Greenport, N.Y. ; that said Notices were mailed to each of said persons by (certified) (ijllJi~lllaj:~ mail. Sworn tg~re me this /~' ..~ day of //~J ~'/~/ ' , 19 L// / - N yP'ub,,c BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ~ ERNEST G. & /MARY C. CURRAN/ to the Board of Appeals of the Town of Southold TO: William F. Kohl 490 Rabbit Lane E. Mari~n~ N.Y. 11939 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] ~ ).% 2. That the property which is the subject of the Petition is located adjacent to your prop+erty and is des- cribed~follows: ~485 North side of Rabbit Lane (private road~ 475'- Bay Ave., E. Marian, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition, the undersigned will request the following relief: pmrrn~ ~'i ~n ~-,~ Apl existinq parcel in order to sell parcel described in ~2 above which would then ~ approximately 200' in d~p~h ~nd approximately 5~' ~n Marion lake and Rabbit Lane. .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Ernest G. Curran Petitioner Post Office Address 48~ Rabbit Lane E. Marion, N.Y. 11939 NAME Virginia Gray willia~F. Kohl PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 520 Rabbit Road E. Marion, N.Y. 11939 490 Rabbit Lane E. Marion, N.Y. 11939 P10 3727735 RECEIPT FOR CERTli:IED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~ENTTO s,~W~lliam F. Kohl E AND NO~ ~.0 STATE AND ZIP CODE ~:AT~rion, N.Y. 11939 CERTIFIED FEE ~PECIAL DELIVERY ~ RESTRICTED DELIVERY AND A99RESS OF i ~ __ mUVE~Y ~ ~ SHOW TO WHOM, D~TE ~ND STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Virginia Maginn SS.: , residing at Mat~ituck, N.Y. , being duly sworn, deposes and Says that on the _~.__' day of Jul v ,19 ({4 , deponent mailed a true copy of the Notice set forth on [here- verse side hereof, direct-ed 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 Greenportr N.Y. ; that said Notices were mailed to each of Said persons by (certified) (~9~iel~l~ mail. Sworn to b~6~ me this ~, ~., day of ~--~'~ "/ , '19 ~_ ~nia Maginn J .- ~ (o) ~n order to answer the questions in this short EAF it is'assumed thor the preparer ¥~ill use. currently ovo-iloble information concerning the project end the likely impacts of the action. It is not expected that additional siudies~ research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) I£ all questions have been answered No it is likely that this project is not significant. " · (d) Environmental Assessment I. i','±±i project result-f--in o large physical change · , " to the project site br physically alter mere than 10 acres of land? '¥es~ No 2. ¥1ill there'be a major change to any unique or · unusual land form Found on the site? .......... Yes,~ NJ 3. Y/ill project alter or have a large' effect'on existing body of water? ....................... _ Yes 4. Will project have o potentially large impact , on groundwater quality? ........................ Yes.~'No 5. ¥tili project significantly effac.t d~oznoge.' :;. . . . flo¥~ on adjacent sites? ......... ~[...~ ..... '.~.. Ye$.~ Nq g. ~'/ill project affect any threatened or endangered planl or on!mai species? ..... 'i~-r~ _.___YeF,~ No on air quality? - ' Yes~ No g. ~'/il! project hove o major effect on visual character of the community or scenic views or vistas known to:be imporlont to the community? .... 'Yes X'.No 9. ¥7ill project a'dverse!>' impact any site or structure o£ hisioz'ic~ prehistoric or paleontological imporlonce or any site designaled os o c~-iticol environmental oreo by o local agency? ............ ~:..--.-~..~-.-.-.~.-;..~-. Yes.~ 10. Y/ill project hove o major effect on existibg or future recreational opportunities?.i ....... Yes.~ No 11. Y/ill project result in.major tro~ffc problems ' oK cause o major effect to ex-isling transportation systems? ....................... Ye~.~ No 12. ¥7ilI project :regularly cause objectionable odozs, noise, glore~ vibrallon~ or elec-~ricol . disturbance os a result o~ the project's ": opera,ion? ' "Yes~ No l~. ¥!ill project have any impact on public health ' or.safety? .................................... Yes l~. ¥~ill p~oject effect the existing community bY.- '. directly causing o growth in permanent population o~ more then 5 percoot over o one year period or have o major negative effect on the character of the community or neighborhood? ................................. Yes ~ No 15o Is there public controversy concerning the . pzoject?....~ ............... ~ ................, Yes ~ No REPf~ESEI~TII.~G~~ ~ DATE MAt~ION £AK~ TOWN OF SOUTHOLD .q 19.8 A (c) TOWN OF $OUTHOLD ( UN DERWAT~R .'LAND) (~) COUNTY OF SUFFOLK Real Property Tax Service Aget County Center Riverhead, L. 1., New