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HomeMy WebLinkAbout3689~ 458~45 Nor%h Road (C.R. 48), Sou~hOld 55 02 _t~7 .... 10/i1/83 #3161 PETER LUHRS. Special Exc. for repair station~ ±n:%his'B-t Zone-~ Southold Town Board of Appeals MAIN R[3AD- STATE RrlAD 2~ S~UTH~LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3689-5[ Application Dated October 30, ]987 TO: Mr. and Mrs. Peter D. Luhrs 1130 Soundview Avenue Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January ]], ]988, 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 VII , Section ]00-70(B)[4] [ ] Request for Variance to the Zoning Ordinance Article , Section Request for Application of PETER AND DIANE LUHRS for a Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to con- struct addition for a repair station in conjunction with Special Excep- tion Permit #3161 rendered October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District 1000, Section 55, Block 2, Lot 17. Zone District: 'B-l." WHEREAS, a public hearing was held and concluded on December lO, 1987 in the Matter of the Application of PETER AND DIANE LUHRS under Application No. 3689; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of C.R. 48, Southold, with 149.42' frontage and a total lot area of 21,931 sq. ft. 2. The subject premises is located in the "B-l" General Business Zoning District and is improved with a 35' by 50' concrete block building havi, ng a frontyard setback at 41 feet from the southerly property line, 55½ feet from the easterly property line, 45 feet at the westerly property line, and 42 feet at the northerly property line (at its closest points). 3. By this application, applicants request a Special Excep- tion for permission to utilize proposed 30' by 60' addition at the east side for ~ehicle repairs and garage use. The proposed addition is shown on the October 9, 1987 Site Plan Map to be set back 29 feet (at its closest point) from the easterly property line and 45½± feet from the front property line. The setback proposed at the northerly yard area is 42 feet. DATED: January ll, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3689 Matter of PETER AND DIANE LUHRS Decision Rendered January ll, 1988 4. It is noted for the record that a Special Exception has been previously granted with conditions under Appl. No. 3161 on October 11, 1983 for this public garage/repair station. 5. In making this determination, it shall be understood that this project shall not violate any building or zoning code regulations. 6. In considering this application, the Board also finds and determines: (a) that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts_; (b) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (c) the use is in harmony with and promotes the general purposes and intent of this Zone District. The Board has also considered subsections [a] through [l] of the Zoning Code in making this determination, Accordingly, on motion by Mr. Grigonis, seconded by Messrs. Sawickj and Goehringer, it was RESOLVED, to GRANT a Special Exception for the establish- ment of an addition for vehicle repairs and garage use as applied under Appl. No. 3689 in the Matter of PETER and DIANE LUHRS, SUBJECT 10 THE FOLLOWING CONDITIONS: 1. Compliance at all times with the conditions of the prior determination of this Board under Special Exception Action #3161 rendered October ll, 1983; 2. No outside storage in the front yard or any side yards; 3. Four-foot maintained in good side; high chainlink fence as proposed shall be condition, and without a gate at the east 4. There shall be no egress or ingress onto the County right-of-way abutting the subject premises on the easterly side; 5. Minimum three-foot high plantings shall be placed and maintained across the front and easterly yard areas as recom- mended by the Planning Board under their site-plan review, and as a minimum those areas depicted on the October 9, 1987 Site Plan map prepared by Roderick VanTuyl, P.C.; 6. No overhead doors to be placed on the front (street side) of the building facing C.R. 48. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk · GERARD P. GOEH~RINGER~/~HAIRMAN /' January 13, 1988 RECEIVED AND FILED BY TiiE SOiJi'i:C'LD TO~VN CLERK NOTICE OF HEARINGS NOT~CE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will b6 held by the SOUTHOLD TOWN BOARD OF APPEALS~ at a 'Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on'THURSDAY,' DECEMBER 10~ 198'7 at the following times: 7;30 p.m. Appl. APODIACOS. Variance Section lO0-31, Bulk lot area of proposed No. 3566 -THEODOSE TRATAROS and ERAKLIS to the ZOning Ordinance, Article III, Schedule, for approval of insufficient Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and. extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000~ Section 35, Block 5, Lot 3, containing a total area of 3.262 acres. 7:35 p.m. Appl. No~ 3694 -'THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section lO0:31,Bulk Schedule, for approval of the construction of open deck with an insuffi, cient rearyard setback from the east property line at premises known as 150 Goldin Lane, Southold~ NY; County Tax Map District lO00, Section 135, :~lock 2, Lot 19. 7:40 p.m. Appl. No. 3695 - HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to construct truck-storage building in this "C-L~ght Industrial" Zoning District at premises .known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No. 3689 PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section IO0-70CB) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map Distri. ct 1000, Section 55, Block 02, Lot 17. Zone District: "B-I." 7:50 p.m. Appl. No. 3691 HOSNY SELIM. Variance to the Zoning Ordinan. ce, Article III, Section 100-32 and Page 2 - Notice of ~':drings Southold Town Board of Appeals Regular Meeting - December les i987 Article XI, Section 100-119.2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within TOO feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 3696 RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less. than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000,-Section 56, Block 5, Lot 25. 8:10 p.m. Appl. Ne. 3676 ~'ANTHONY ROBUSTELLI. Variances to the Zoning Ordinance, Articles: Ca) III, Section 100-3t as to insufficient rear yard and side yard, and (b) XI, Section 100--119.2 as to insufficient setback from bulkhead and ordinary highwater mark, ~nd (c) III~'Section 100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section lll, Block 1, Lots 19 and 18. 8:15 p.m. Appl. No. 3671 ANDRE' AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize premises for book-publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A~' Residential and Agricultural. Location.of Property: West Side Depot Lane, Cutchogue, NY; D~strict 1000, Section 96, Block 5, Lot 1.2 and~part of 1.1. 8:25 p.m. Appl. No. 3543 -'PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog- Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 a'~d 110, County Tax Map Parcel No. 100~L90-02-13.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 DOROTHY L. ROBERTSON. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of _ North View Drive, the east side of Private Road and the north side of South View Drive, Orient, NY; County Tax Map District 1DO0, Section 13, Block l, Lot lO. 8:55 p]m. Appl. No. 3686 - ?REDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) Section 100-119.2 for permission to locate dwelling with a~.setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100-31, for permission to locate dwelling with an insufficient frontyard setbacks at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted pr~or to the conclusion of the subject hearing~ For more informa- tion, pleas~ call 765-1809. Dated: November 18, 1987. BY ORDER O? TffE SOUTHOLD TOWN BOARDZOF APPEALS G~RARD P. GOEHRINGER, CHAIRMAN Linda ~owalski~ Board Secretary FORM ~0. ;3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD N.Y. NOTICE OF DISAPI'ROVAL File No ................................ To .~...~..~.~. >~..~~.- ..... · .~.~.&... ~ :.%. 3.~ .~ .~ ........ PLEASE TAKE NOTICE that your appl~caUon dated ~9~... ~ ~ ...... 9 ~.~. Hous8 N~, S~reer County Tax Map No, ~000 Section . .', ~.~ ..... Block ....~.~ ....... Lot . Subdivision ................ Filed Map No ................. Lot No ................. ..... ............. BuCkling ~sspector "<TO~N OF SOUTHOLD~ NE~ YOR~ '~ < APPLICATION FOR SPECIAL EXCEPTION Application No. ~-~ ~ Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), ~TE~c~. LUHe~ ~,~ ~E LvN~sof I ~%0 .......... %~ ~ ~ ~C~ .... (Residence, House No. and Street) ~ ~Hamlet, State, Zip Code, Telephone Nu~ber~ hereby apply ~o THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ ~ SECTION/~_?~ , SUBSECTION ~ ~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. ~T~--~. ~O~e~ ~ ~0~-- ~ ~-GH~<~ is(are) the owner(s) of property known and referred ~o as (House No., ~{reet,' Hamlet) identified on the Suffolk County Tax Mans as District 1000, Section ~, Block ~ Lot(s) ~t? , which is not (is) on a subdivision Map (Filed --- , "Map of ~ ' Filed Map No. -- and has been approved by the Southold Tow-~-Planning Boar~ on _ as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ~/~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned _~- t [~ is.cmnsi~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKj ss.: TSi gnature ) - ,19 and OJ~ SOU?HOLD OWNER STREET VI LLAGE ' i FORMER OWNER RES. I SEAS. VL. [.AND IMP. . / TOTAL DATE / Z o~ FARM ~COMM. DISTRICT SUB. LOT ACREAGE , ,5~I 0 TYPE OF BUILDING CB. MISC, Est. Mk¢. Value ~ ' 71/,,-~/ AGE. BUILDING CONDIT1OK NEW NORMAl.. BELOW ABOVE FRONTAGE ON WATER Form -Acre Value Per Acre Value Tillable I Tillable 2 Tillable 3 Woodland Swampland House Plot RO.TA E ON ROAD BOLKHF-AD DOCK 'Fora) M. Bldg ' ~'~ '/ '~ '/ '' " - - --- -- /'", / Bath - '-~' .-~.,~'> ~:' Ib~ r - -. --' ~ Fire P~ace -% ..... Heat - - ~ - -- - ...... ~ Porch  Roof Type ~--- ~ ........... Porch ~ Rooms 1st Floor G~ rage t .... - .... _ Driveway O. ~/ ~ .......... J ormer TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, DECEMBER 10, 1987 App1. No. 3689 Applicant(s): PETER AND DIANE LUHRS Location of Property: 45845 North Road, County Tax Map ID No. 1000- '~- 2 - 17 Southold Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:55 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey produced by Roderick VanTuyl, P.C. mapped on October 9, 1987 indicating; a proposed morton building of approximately 30 by 60 to be placed or affixed to the east side of the existing repair'building on County Road 48 in Southold. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Would you like to be heard Mr. Luhr? MR. LUHR: I just received a letter today from the Planning Board about the problem with s6d buffering on the east side and the doors. I thought perhaps... I need storage and I was thinking of eliminating the first door. That would be the southern door and that would bring the grass forward more up to the second door. And as far as buffering, I was hoping that the Board would consider the 15 foot right-of-way that's existing on the other property because I already moved the building ten feet over when I first applied three years ago. And another thought I had was I had birch trees listed there. Maybe I could put arborvities four feet apart. They create a pretty good screen. That door is really not necessary because I need storage. I have so much equipment now. CHAIRMAN GOEHRINGER: Are these doors mainly for the repair business or are they mainly~for storage? MR. LUHR. Repair. CHAIRMAN GOEHRINGER: So you would have then four doors on this side. MR. LUHR: Four doors, yes. Page 2 - December 10, ~87 PUBLIC ~EARING - Peter and Diane Luhrs Sou~hold Town Board of Appeals CHAIRMAN GOEHRINGER: How large are the doors? MR. LUHR: I believe they're ten by ten just as they are on the west side. There's only two on the west side. CHAIRMAN GOEHRINGER: storage of vehicles? main the same. Now, we had no specific change in reference ko The storage of the vehicles will primari~y~ re- MR. LUHR: They will remain in the rear. I know that there is a car or two parked on the side of the building, on the vacant side. CHAIRMAN GOEHRINGER: There will not be any ingress and egress to that Suffolk County right-of-way? MR. LUHR: No. There will be a fence to encircle that whole area. CHAIRMAN GOEHRINGER: And what about the situation of conformity of one building to the other? Is it going to look fairly the same? MR. LUHR: Isn't there a rendering? CHAIRMAN GOEHRINGER: I may have missed it. MR. LUHR: I know I gave the Planning Board... I don't have one with me. CHAIRMAN GOEHRINGER: Maybe you could bring us down one. We're not going to make a decision now. MR. LUHR: I know the Planning Board has one. It's a morton building. CHAIRMAN GOEHRINGER: And you presently have a cement block building. Is that correct? MR. LUHR: Yes. Perhaps in place of that door, I can put windows on the side going around. On the westerly side, I put a low berm. I tried to landscape it some to dress it up a bit. CHAIRMAN GOEHRINGER: Ok. Let's see what Mrs. Scopaz has. TOWN PLANNER: I would just like to address and present two questions to the applicant. One is; cars parking and vehicles in the frontyard, is that employee parking or is that strictly service? MR. LUHR: It's jus~ daily parking, customers parking. They come and go. There's really nothing that is there for any period of time. I trY to keep everything behind the building as best I can. CHAIRMAN GOEHRINGER: What was the other question? Page 3 - December 10, PUBLIC ~4EARING - Peter and Diane Luhrs Southold Town Board of Appeals TOWN PLANNER: The other question was; with the proposed additional parking area that he would be adding to the back of the building af- ter he put the addition on, be sufficient to handle your employee parking and your .... ? MR. LUHR. I only have one employee now and I hope to hire one more. That's three cars. TOWN PLANNER: That's all. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to be heard on behalf of this application? Anybody like to speak against the application? Questions from Board members? Hear- ing no further questions, I make a motion closing the hearing, re- serving decision until later. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 January 26, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Peter & Diane Luhrs 3689 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RE]AD-STATE RE]AD 25 5nUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the TOWR of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Special Exception, Article VII, Section ~0-70(B)(4) Inspector Special Permit Appeal No.: 3689 Applicant: Peter and Diane Luhrs Location of Affected Land: 45845 North Road, Southold, County Tax Map Item No.: 1000- 55-2-17 Within 500 feet of: Town or Village Boundary Line NY XX. Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting permission to construct add±t±on £or ~n~r~a 1~./11./83. Copies of Town file and related documents enclosed for your review. Dated: January 19, 1987 Southold Town Board o£Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 13, 1988 Mr. and Mrs. Peter D. ll30 Soundview Avenue Southold, NY 11971 Luhrs Re: Appl. No. 3689 - Special Exception Dear Mr. and Mrs. Luhrs: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission 8outhold, N.Y. 11071 (1510) 705-10118 MEMOR/~NDUM TO: Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner ~ RE: Shoreline Automotive and Truck Repair DATE: December 8, 1987 With regard to the above-named application, the Board should give consideration as to whether the proposed expansion can be accomodated completely on-site. At present, cars are stored and parked in the front yard. Perhaps a stipulation could be placed on the special exception that there shall be no storage of cars or vehicle parts within the front yard. P D T(~TD'D~ Southold, N.Y. 11971 (516) 765-1988 MEMORANDUM TO: Zoning Board of Appeals FROM: Planning Board RE: SHoreline Automotive, Peter Luhrs ~~v DATE: December 8, 1987 In response to your memorandum, the Planning Board reviewed the above mentioned site plan and offers the following comments. The Board is in favor of the proposal provided additional landscaping and buffering are added as shown on the enclosed plan (along the east side; so as to screen the view of the overhead doors from County Road 48). T£ ,D Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner ~P RE: Shoreline Automotive and Truck Repair DATE: December 8, 1987 With regard to the above-named application, the Board should give consideration as to whether the proposed expansion can be accomodated completely on-site. At present, cars are stored and parked in the front yard. Perhaps a stipulation could be placed on the special exception that there shall be no storage of cars or vehicle parts within the front yard. Southold, N.Y. 11971 (516) 765-1938 October 19, 1987 Peter D. Luhrs Shoreline Truck and Automotive Services 11130 Sound View Avenue Southold, NY 11971 Re: Proposed amendment to site plan for Shoreline Truck & Automotive Services N/s County Road 48; 244.85' E/o Railroad (Youngs) Avenue,Southold SCTM# 1000-55-2-17 Dear Mr. Luhrs: This office is in receipt of your proposed plans to expand the above named site. Before the Planning Board can proceed to accept, then review and comment on this plan, an application must be made to the Zoning Board of Appeals for permission to expand a use allowed by special exception only. The Planning Board will accept the application and coordinate its review with the Zoning Board once the special exception application is made. If there should be any questions, do not hesitate to contact this office. Sincerely, Valerie Scopaz~ Town Planner cc: Zoning Board of Appeals :.egal Notices NOTICE OF NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at a Regular Meeting at the Southold Town Hall, Main Read, Southold, New York, on THURSDAY, DE- CEMBER 10, 1987 at the fol- lowing times: 7:30 p.m. AppL No. 3566 - THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for, approval of insufficient lot area of prop- osed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggins Lane, Greenpert, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acres. 7:35 p.m. Apph No. 3694 - THERESA CZECH. Variance to the Zoning Ordinance, Acticle IH, Section 100-31, Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Seuthold, NY; County Tax Map District 1000, Section 135, Block 2, Lot 19. 7:40 p.m. AppL No. 3695 - HENRY J. SMITH & SON. Spec/ai Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to con- struct truck-storage building in this "C-Light Industrial" Zoning District at premises known as 2470 Peconic Lane, Peconic, NY; County Tax Map D/strict 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No., 3689 - Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for struct addition for tion in conjunction with Special Exception Permit #3161 re- ndered October 11, 1983, at premises known as 45845 Ix Road, Seuthold, NY; Count District 1000, Section 55, 7:~O.i~q~ No. ~91 - Hosh~ ~ romance to the Zonlnf ~', Article III, Section '100~2~~ and Article .X[, Section 100-119.2 for permis- sion to locate inground swim- mingpool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Is- land Sound, at premises known as 855 Seundview Avenue, Mat- tituck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 07. 8:05 p.m. AppL No. 3696 - RICHARD NA$S. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, South- old, NY; County Tax Map Dis- trict 1000, Section 56, Block 5, Lot 25. 8:10 p.m. AppL No. 3676 - ANTHONY ROBUSTELLI. Variances to the Zoning Or- diannce, Articles: (a) III, Section 100-31 as to insufficient rear yard and side )'ard, and Co) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) III, Section 10031 as to cessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconlc Bay Properties; Count)' Tax Map District 1000, Section 111, Block 1, Lots 19 and 18. 8:18 p.m. AppL No. 3671 - ANDRE AND THOMAS CYBULSRI. Variance to the Zoning Ordinance, Article Ill, Section 100-30A for permission to utilize premises for book-pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vate right-of-way for such use. Zone District: "A' Residential and Agricultural. Location of Property: West Side Depot Lane, Cutcbogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part ell.1. 6:25 p.m. Appl. No. 3843 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to 1o- with insufficient setbacks from existing bulkhead andd~m highwator area~ along Inlet ami Ho~ l~eck B~y, prem- ises Imown as ~ ~ Point Drive, ~outhoM, NY; Cedar. IK Beach Park Map, Part of Lots 152 and 110, County Tax Map Parcel No. 1000-90-02-13.1. 8:40 p.m. Apph No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of the insuffcient lot area of two proposed parcels in this pending set-off division of land with fron- tage along the south side of North View Drive, the east side of Private Road and the north side of Seuth View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. 8:55 p.m. Appl. No. 3686 - FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permis- sion to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100- 31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wigg/ns Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block .... The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: November 18, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5789-1TD3 ) ) SS: LK ) Contento ofGreenport, in ]uly sworn, says that he/she is 4E SUFFOLK TIMES, a Weekly ~ed at Greenport, in the Town y of Suffolk and State of New ~lotice of which the annexed is s been regularly published in mca each week for ] ,, commencing on the 3 ler __ 19§7_ Principal Clerk s this 19~ MARY K NOTICE IS HEREBY GIV- EN, i~rsuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY~ DECEI~IBER 10~ 1987 at the following times: 7:30 p.m. AppL No. 3566- T~EODOSE TRATAROS AND ERAKLIS APODIACOS. Variance to .the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for pr0vai of insufficient lot- area of. proposed Parcel No. I in this pendin~ set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggin. s Lane, Greenport, NY; County Tax Map Disirict 1000, Section 35, Block 5, Lot 3, contaiuing a total area of 3.262 no-es. 7:35 p.m. AppL No. 3694- THERESA CZECH. Variance to the Zoning Ordinance, cie Ill, Section 100-31, Bulk . Schedule, for approval O[ the construction of OPen deck with an insufficient ~r~aryard setback from the cast pmpecty line at premises known as 150 C~oldin Lane, Southold, NY; County ~ Map D~stri~ I~, Section 135, Block 2, Lot 19, 7:40 p.m. Appl. No. 3695- HENRY J. SMITH & SON. Special F_.~a:eption to thc Zoning Ordinance, Article VIH, Section 100-80~) for pe~mhsion to con- struct true~-~torage building in this "C-Light Industrial" Zon- lng District at premises known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot · 19.1. 7:45 p.m. AppL No. 3689-~N PETER AND DIANE [J3HRS. Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for permission to con- struct ad.dition for a repair sta- tion in conjunction with Special Exception Permit No. 3161 rendered October tl, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District 1000, Section 55, Block 02, Lot 17. Zone District: "B-l?' 7:50 p.m. Appl No. 3691- HOSNY SELIM. Variance to the Zoning Ordinance, Article gll, Section 100-32 and Article XI, Section 100-119.2 for per- mission to locate inground swimt~g pool W~rth decks and'4 fencx~lOsure land.rd of ~- istin~liinE in the from yard and within l~ f~t of the ~ng Island Sound, at premises known as 855 Soundview Avenu~ Mattituck, NY; Coan- ty Tax Map District 1~, ~c- tion 94, Block 01, ~t 07. 8:05 p.m. AppL No. 3696- RICHARD NASS. Variance to the ~ning Ordinanc~ Article XI, Section 1~-119.2 for ~r- mission to locate open wooden deck with a setback of less than 75 feet from ~isting bulkhead along canal, at premis~ known as 50 Willow Point Road, Southold, NY: County ~ Map District 1~, Section 56, Block 5, ~t 25. 8:10 p.m. Appl. No. 3676-~N- THONY ROBUSTELLI. Variances to the Zoning Or- dinance, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b} XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) Ill, Section.100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; LOt 23 and part of 22, Peconic Bay Properties; Coun- ty Tax Map District 1000, Sec- tion Ill, Block 1, Lots 19and 18. 8:15 p.m. Appl. No. 3671- ANDRE AND THOMAS CYBULSKI. Variance to the Zon'mg Ordinance, Article ,111, Section 100-30A for permission to utilize premises for book- publishing operations, wholesale book storage, and updated 280-A approval over the existing · private right-of~way for such use. Zone District: 'W' Residen- tial and Agricultural. Location · of Property: West Side Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, LOt L2 and part of 1.1. 8:25 p.m. Appl. No. 3543- PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwell- ing with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, pr~mlses known as '~0 Cedar l~int Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110, Coun- ty Tax Map Parcel No. 1000-90-02-13.1. 8:40 p.m. Appl. No. 3561- DOROTHY L. ROBERTSON. Variances to the Zoning Or- dinance, Article 111. SEction 100-31, Bulk S4~[k~le, for ap- proval of the insl~l~ent lot asea of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive, the east side of Privateered and the north side of South View Drive, Orient, NY; County Tax Map, DiStrict 1000, Section 13, Block ' I, Lot 10. 8:55 p.m. Appl No. 3686- · FRISDERICK AND DIANE . i~,YM_.R~,._'~I__E& Variances to the Zon- ing Ordinance, Articles: (a) XI, Section 100-119.2 for permission to 10cate dwelling with a settmek of less than 75 feet from existing bglkhead uioog Gull Pond Inlet, (b) III, Section 100-31, for per- mission to locate dwelling with an insufficient ffontyard set- back, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, LOt 19. The Board of Appeals will 'hear at said time and place ail per~ons or representatives desir- ing to be heard in each of the above matters. Each hca.ring will not start 5efore the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809.. Dated: NOVember 18, 1987 BY ORDER OF THE SDUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRIN~3ER, CHAIRMAN Linda l~:~atlski, Board Secretary IT-12/3/87(15) COUNTY OF SUFFOLK 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 ... ~?. f~- r..~.. ......... 19 ..... ~'~ Notary Public BARBARA FORBES B/otery Public, State of New York No. /8068/6 Qualified in Suffolk County C~mmission ~ires~/ 19 ~ Southold Town Board of Appeals I~AIN ROAD- STATP' ROAD 25 !BOUTHCILD, L.I., N.Y. 11971 TELEPttON£ (516/ 765 1809 APPEALS BOARD MEMBERS ~RARD P. GOEHRINGER, CHAIRMAN JARLES GRIGONIS, JR, ~!~GE DOYEN, JR. ,'BERT J, DOUGLASS ~SEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Natchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very.,.tr~uly~ G'ERARD P. 'GOEHR~NGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Legal Notice Mailing List Southold Town Board of Appeals Regular Meeting December 10, 1987 Copies Mailed On or About 12/1/87 to: Mrs. Elizabeth Pantelis, 5804 Seventh Avenue, Brooklyn, Mr. H. Stabile, P.O. Box 245, East Marion, NY 11939 Mrs. Dinos Zervos, Orient, NY 11957 NY 11220 Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971 Mr. Henry J. Smith, Henry J. Smith & Son, Main Road, Southold, NY 11971 Mr. 6nd Mrs. Peter Luhrs, ll30 Soundview Avenue, Southold, NY 11971 Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581 Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 11552 Mr. Ronald Stritzler, 51 Stirrup Lane, Roslyn Heights, NY 11577 (Re: Selim) Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (Re: Nass) Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030 Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re: Mr. Steven C. Fuchs, 4 Knoll Top Road, Stony Brook, NY 11790 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Cybulski) Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971 (as Attorney for Peter and Barbara Herz) Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11971 J. Kevin McLau~hlin, Esq., Box 803, Greenport, NY.11944 Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D.Robertson] Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, Huntington, NY 11743 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S oE. Q oR.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS 30SEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3689 PROJECT NAME: PETER AND DIANE LUHRS 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: Special Exception to construct addition for repair station in conjunction with Sp. Exc. #3161 rendered 10/11/83 LOCATION OF PROJECT: Town of Southold, County of particularly known as: 45845 North Road, .Southold,~NY 1000-55-2-17 Suffolk, more 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) This is an application concerning Use of premises and is directly related to new construction. not 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. (3) Information has been submitted by applicant or his agen~ in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered.wetlands. mc JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 30, 1987-~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3689, application of Peter & Diane Luhrs for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry $outhold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or tl~e Petition of : Peter D. Luhrs : to the Board of Appeals of the Town of Southold : Warren Huffe, Jr. & Wife TO: Wells Road Sterling Idea Ventures Southold, NY 11971 PO Box 786, 10200 Main Road County of Suffolk, County Center Mattituck, NY 11952 ~ Mahlon Dickers & Ors Circle Drive ~ Riverhead, NY 119~ Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: NOTICE ~ TO ADJACENT PROPERTY OWNER 1. That it is the int. Lr.J~"tk~dersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) p~_.~cial Exceptio~$pecial Permit) (Other) [c±rcle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: N/S County Road 48~ 244.85' E/of Railroad (Younqs) Avenue, Southold, New York SCTM ~ 1000-55-2-17 Shoreline Truck & Automotive Services 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: To expand building for existing use of repairing trucks and automobiles. 5. That the provisions of the Southold Town Zo._n. ing Code applicable to the relief sought by the under- signed are Art_Lcle~ Se~t&o~lOO ~7 0 ~ 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. (5].6) 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: (~)C_~o-'~..~ ~C..~: /~'~"7 Petitioner Pete~ D. Lui~s Post Office Address County Road 48 Southold, New York 11971~. NAME Warren Huffe, Jr. and wife County of Suffolk Sterling Idea Ventures Mahlon Dickerson & others P 774 953 894 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNAliONAL MAIL ,See Reverse, Sterlinq Idea Ventures PO Box 786 10200 Main PO St teand ZiP Code M~tltuck, New York 119~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Wells Avneue, Southold, New York 11971- Circle Drive, County Center, Riverhead, NY 11901 PO Box 786, 10200 Main Road, Mattituck, NY 11952 Southold, New York 11971 ~-'~4 953 89~'~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAiL (See Reverse) Sent to County of Suffolk Pn~mt-.~v (~Pnt. Pr. ~i rcle Drive P 0 State and ZIP Code Riverhead, NY Postage 3eclal DeUvery Fee Restricted Dehvery Fee Return Receipt showing whom and [Date [DeUvered Relurn Receipt show ng to whom Date and Address of Delivery TOTAL Pos~ 11901 the curren~ asse~meltt roil rice at (certified) .Soundview Avenue~ Southold, L being duly sworn, deposes and says that onthe ~O day mailed a true copy of the Notice set forth on the re- above-named persons at the addresses set opposite their respective of said persons are the addresses of said persons as shown on ~Town of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Peter D. Luhrs ~NST~UC?IO~S~ (a) In order ~o answer tho quostione in thl~ ahor~ EAF i~ is assumed ~ha~ the ~roparer will uee ccrrontl~ available in£orm~tton concornin~ ~ho proJec~ and the lkely %npac%~ of %h~ action, ~ i~ no~ e~ec~ed ~ha~ ad~i~lOnul ~udte~, r~earch or o~her lnves%lga:ions w~l be ~der%akon. (b) ~f an~ question has b~en answered Ye~ ~he proJec~ ~ny be ~l~lflcan~ and a ccmp~e~d ~nviro~en~al As~essmen~ Fo~ l~ (C) ~ all que~ons have been answered Ho i~ iu l~oly ~ ~hl~ pro,~.c~ t~ (d) ~viroruuentnl Wi1! project ree~% ~n a 1ar'ga phy3ica~ c~ngo zo %he pro~oc~ al~o or physically .l~e~ more ~n 10 acre~ of land? , · , , , , , ,, , , , 2, Will ~horo be a ~3or change ~o any ~lquo or unusual land fo~ fo~d on ~ho ~lte? , , , 3,W~i pro~ec: al%er or have a largo uffoc~ on an exim:in~ body of wa~er?, , , .... &, W~i pro~ec: have a paten%tall7 large ~pacb W~i p~o]ec: 8$~iftcantly. effuc~ drayage 6, Will pro]ee~ affec: any t~oa%uned or endangered 7, W~I pro]ecl res~ in a ma~or advoru~ offec~ on air quali~7? , , , , , , , . . W~I pro~ec~ havo'a mm~o~ offoc~ cn visual ac%er of ~ha community o~ scenic views or kno~m ~o bo ~portan~ ~o ~he communi:7? 9, Will pro~ec~ a~vereol7 ~pac~ an7 site or ufo of hi~:orlc~ pro-hia~or~c~ or paleontological ~mpor~ance or any 3~:~ do~t~a~ed as a eav~ronmon~l a~oa by a local agency? 10, W~i pro~oc: have a ~3o~ ~ffoc~ on exis~g or future rocr~a~ional oppor~i~to~2 , . Will project.result' ~n ~or ~raffic problems ~au=e a major effec~ to existing transports:ion 12, Will ~ro~ee~ reg~arly cause objectionable odors, noi~e, glaree vibra:zon, or electrical disturb- ance as a rest: of the project's operation? Will proJec: have any impac~ on public health , , , , · · , · · · 1~. Will proJcc~ ~ffcc~ the existing co.unit7 by ~lroctly causing a~6rowth ~n permar:enc Fopula- :~on cf more than percent over a on.year period ~ have a major nega:ive effect on character of the con. unity or neighborhood?, . 1~. ~ there public controv~/ concern~nd the project? REPRES~:ITI:IG: Yes w/ Ho Yee Yes Yea, You , Yee, Yc~ Yes ~ flo You ,~ No Yea, v/ No ¥09 ~/ No Yes ,,V/ No --- Ye:; Yes W/ No FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy THIS CERTIFIES that the building .... .C.O.~H...E.R.Q~.6 .b' .B.U..~ .L.D.~.~ G. ..................... Location of Property .... ~, 5 $ .6.6.5. ¢ ~3.... I~ I)... J/. ~ ~3 .................... ~. Q t; ? ~l.q I, 1) ......... House No. Street Hamlet County Tax Map No. 1000 Section ....5.5. ...... Block ...... 2. ........ Lot .... 1.7. ........... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ...~.e.p.~....1. ! ......... ,198.4.. pursuant to which Building Permit No. J .3.~. 7. .3 .Z .............. dated ..... O..c .~.... 1. .8 ...............198. 6.., 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 ......... ...C omr~a~.c i~.L .b~.].4 $~g .f~r..v.~ b~.c.~, r.e.~.~. ~ ?.. ............................... The certificate is issued to PETER D LUHRS ................. ..................... of the aforesaid building. Suffolk County Department of Health Approval ........ .~.-.5.~. ............................. UNDERWRITERS CERTIFICATE NO ................ ~.6.8. 6. ! .5 ? .......................... PLUMBERS CERTIFICATION 4/26/85 Rev. 1/81 Building Inspector ~UESTIONNAIRE TO BE COMPLETED ArID SUBMITTED WITH YOUR APPLICATION FORI.1S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals... . to change.. .. -°r alter land contours~. Yes ~. 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~ *b) ~n Code, Ch. 97 for your reference.) Yes there any areas open to a waterway without bulkhead? Yes 2. Are there existing structures at or below ground level, ~ such as patios, foundations, etc?-- -L~.m~ ~P~u.~) ~s~ Nm 4. Are there any existing or proposed f~nces, concrete. barriers, decks, etc? - ~ ~ N~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes ~ If project is proposed for principal building or structure, is total height at more than 35 feet above ~ average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes Yes ~N~ 10. ll. 13. *Please submit photographs for t'he record. I certify that the above statements are true and reliance he Bo of Appe Signature (Property' O~.yne r ) (Au t hori zed~gg'~ni; ) Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town Trdstees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the subject prgperty at this time and proposed - are being submitted my application. Yes Yes Yes Yes Yes Yes Yes ~ fo)' 3/8,7 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mcan Iow tide are covered by tidal water:~ to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, flats anti tidal marsh subject to such tides and upon which grows or may grow some or any of tile following: salt hay, black grass, saltworts, sea lavender, toll cordgrass, high bush, cattails, groundscl, marshmallow and hr.v march cordgrass; and/or (3) All land immediately adjacent to a tld:d wethmd :ts defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the m.:~t landward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlamls" as defined iu Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environment:d Couservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- !and,!' as defined in Subsection Il(1) and lying with- ~n seventy-five (75) fcet landward of tile most land- ward edge of a "fl'eshwater wetland." 9705 DISTRICT: 1000 SECTION: 055.00 BLOCK: 02.00 LOT: 017.000 CONSULT YOUR LAWYER EEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED EY LAWYERS ONLY THISINDENTURE, madethe 2nd dayofFebruary BETWEEN LEFFERTS P. EDSON,"residing at Southold, New York 11971, ,nineteenhundrcdandeighty_follr (No #) Main Road, partyofthefirstpart, and PETER D. LUHRS and DIANE B. LUHRS, his wife, both residing at 2055 Anchor Lane, Southold, New York 11971, party of the second part, WITNE$$£TH, that the party of the fi.rst part, in consideration of ten dollars and other valuable consideratloo paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, xilJl ~e:~btlitdlitn~; affil ltlrulirOlte~e~tsyall~r~nY~c~l' situate, lying and being ~ at Southold, Tow~ of Southold, Co%~ty of Suffolk and State of New York, bomded and d~scribed as follows: BEGIS~F/NG at a monu~nt on the n~ northerly line of the Middle ~oad, 244.85 feet easterly along said new northerly 1/ne and the extension westerly thereof f~u the easterly line of Railroad Avenue, said point of beginning being the southeas~rly corner of land of Fanning and Housper; f~u said point of beg/nning along said land of Fanning and Housner and along land of Mahlon Dickersc~, North 10 degrees 51 minutes 50 seo0nds West 144.17 feet to a n~nunant; ~I~I~CE along said land of Mahlon Dickerson, North 67 degrees 06 minutes 40 seoc~ds' East, 150.0 feet to a n~ment; TH~(~ along land of Eugene Cag~n, South 10 degrees 51 minutes 50 seconds East 150.0 feet to a m~nent on said new northerly line of the Middle ~oad; along said new northerly line of the Middle Boad, t~o courses as follows: 1. South 67 degrees 06 minutes 40 s,eCOnds West 123.78 feet; 2. ~(~ South 79 dew~=es 57 minutes 10 seconds West 25.64 feet to the point or place of BEGII~UZNG. BEING kND IN'niNEED TO BE the same pa~dses conveyed to the grantor herein by deed dated 4/3/67 and recorded in the Suffolk Ootmt-y Clerk's Office on 4/12/67 in L{her 6137 cp 369. TOGETHER with all right, title and interest, if any, of thc party of the first part in and to any streets and roads abuttiug the above described premises to the center lines thereof; TOGETHER with the a~)purtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply thc same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be con'strued as if it read "parties" whenever the ~ense of this indentpre $o requires. IN. WITNESS WHEREOF, the party of the first part has duly executed mis deed the day and year first above written. IN PRESENCE OF: Lefferts P. Edson STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 2nd day of February 19 84, before me personally came Lefferts P. Edson In mc krmwn t¢~ bt' thE' individual described in and who executed the fnregoing instrument, and acknowledged that he executed t h,~ .sarrl'~ ~omraission Expires I, larch $0, STATE OF NEW YORK, COUNTY OF SS: ()n the day of l0 , before me to me known, who, being by mc duly sworn, (lid depose and say that he resMes at No. that he is the of · the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; tbat the'seal affixed' to said iustrument is such corporate seal; that it was so affixed by order of the board of directors· of said corpora- tion, and that he signed h namg thereto by llke order.' STATI OF NIW YOIIK, COUNTY OP On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duty sworn, did depose and say that he resides at No. that he'knows to be the individual described in and who executed the foregoing instrument; that · he, said subscribing witness, was present.and saw execute the same; and that he, said witness. at the same time subscribed h name as witness thereto. t argain assh ale leei WITH COVENANT AGAINST GRANTOR's'ACTS LEFFERTS P. EDSON TO PETER D. LUHRS, UX STASDARD FORM OF NEW YORK BOARR OF TITLE UNOERWRITERS Distributed by CHICAGO TITLE INSURANCE COMPANY T, G. T,' SECTION BLOCK LOT ~R~ TOWN of Southold County of Suffolk Recorded al Request o~ CHICAGO TITLE INSURANCE CO~!'ANY Return by Mail to Michael J. Hall, Esq. Youngs Avenue . Southold, New York zip ~- 11971 VAC ~'4 ~ ) SUFFOLK CO. HEALTH DEPT. APPROVAL H S NO STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES (s) APPLICANT SUFFOLK COUNTY SERVICES FOr CONSTRUCTION ONLY DATE DEPT Of HEALTH APPROVAL OF H. S. REF NO APPROVED: SUFFOLK CO TAX MAP DESIGNATION: DIST. SECT BLOCK PCL OWNERS ADDRESS: ,:., .: ~ ,; DEED: L.6;3'7 TEST HOLE STAMP I\ I ,/