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HomeMy WebLinkAbout3161Southold Town Board of Appeals MAIN ROAD- BTAT£ ROAD 2,~ SnUTHOLD, L.I., N.Y. '119'7] TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3161 Application Dated July 28, 1983 (Public Hearing held 8/31/83) TO: [Appellant(s)] Michael J. Hall, Esq., Attorney for PETER LUHRS 218 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on October 11, 1983 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 [X] Request for Special Exception under the Zoning Ordinance Article VII , Section 100-70(B) [4] [ ] Request for Variance to the Zoning Ordinance Article , Section Request for The public hearing on this application was held on August 31, 1983. Upon application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Article VII, Section 100-70(B) [4] for permission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L.P. Edson). The board made the following findings and determination: This is an application for a Special Exception pursuant to Article VII, Section 100-70(B) [4] of the Southold Town Zoning Code to establish a public garage or repair station containing approximately 1,700 sq. ft. of building and which will be set back from the County Road approximate- ly 40 feet, from the west side line approximately 35 feet, from the rear property line approximately 55 feet. The parcel in question is zoned "B-1 General Business," contains an area of approximately 22,500 sq. ft. with 149.42' frontage along County Road 48, and is presently vacant. Applicant proposes to locate the bays of the garage at the rear of the proposed building and same will not be visible from the street from either direction. The ingress, egress, parking and screening shall be as required by the Southold Town Planning Board in consideration of its site plan. The setbacks of this proposed structure will meet the minimum requirements of the zoning code as shown on survey/plan dated February 6, 1967 with sketched-in amendments. It is noted for the record that alterations or new construction other than as shown on the site plan and approved herein shall be subject to review and approval by the Board of Appeals, Planning Board, Building Department, and any and all other agencies which may be involved. The members of this board have personally visited the site and are familiar with the property as well as the surrounding neighbor- hood. Adjoining the subject premises on the west is a parcel of land contaning 37,700 sq. ft. in area, also zoned "B-1 General Business" and which was granted use variances on October 15, 1981 and July 29, 1982 in Appeals No. 2890 and No. 3009, respectively, (CONTINUED ON PAGE TWO) DATED: October 12, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD P~ge 2 - Appeal No. 3161 Matter of PETER LUHRS Decision Rendered October 11, 1983 for a one-family dwelling and manufacturing of small mechanical parts. Adjoining the subject parcel on the east is a vacant lot and further east VanDuzer's Gas and Wheeler's Gas and Repair Station, also zoned "B-1 General Business." In considering this application, the board determines: (1) that the use will not prevent the orderly and reasonable use of adjacent properties in adjacent-use districts; (2) that the use will not prevent the orderly and reasonable use of permitted or legally estab- lished uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; and (4) that the use will be in harmony with and promote the general purposes and intent of zoning and the master plan. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3161, application of PETER LUHRS for a Special Exception to the Zoning Ordinance, pursuant to Article VII, Section 100-70(B) [4], for a repair station, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant (and/or his successor) shall conform with the following prior to the operation of this business: (a) No major repair work is to be done out in the open; (b) No automobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open. All vehicles to be serviced must be stored in the rearyard area only [except when inside] and the rearyard area to be used for storage must be properly screened with a six-foot stockade fence; (c) There shall be no more than 10 vehicles in this screened storage area at one time; (d) The parking areas shall be as designated by the Planning Board (with a minimum of six parking spaces at 350 sq. ft. each) and shall be laid out as to avoid the necessity of any vehicle backing out across any public right-of-way and shall be located not less than 10 feet from any property line; (e) No sales of gasoline, fuel, or flammable oils are per- mitted; (f) No motor vehicle sales are permitted; (g) Vehicle lifts or pits, dismantled vehicles, other than such minor servicing such as changing tires, shall be conducted within the building; (h) Vehicle entrance/exit doors shall be located at rear of building. 2. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval or the zoning ordinance, or are in violation of these conditions or of the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; and the subject premises would return to its original status; 3. That this matter be referred to the Suffolk County Planning Page 3 - Appeal No. 3161 Matter of PETER LUHRS Decision Rendered October 11, 1983 Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. 4. Site plan approval [including parking] of the Southold Town Planning Board, and any and all other applicable rules and regulations pertaining to this project. Location of Property: 45845 North Road (C.R. 48), Southold, NY; County Tax Map Parcel No. 1000-55-02-17. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DaTE /D//3/¢3 HOUR October 12, 1983 Southold Town Board of Appeals MAIN ROAD- STATE Ri-lAD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WEDNESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot ~2 of Minor Subdivision #231, Fishers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000- 006-08-3.3. ~ - 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ~pproval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for permission to retain hedge height over four feet high along the frontyard along Pequash Avenue, Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. Page 2 ' ~' Legal Notice of Hearings Regular Meeting of August 31, 1983 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, NY for a Variance_ to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to redivide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map ~3864, Lots 20 and 21; County TaX Map Parcels No. 1000-22-0~-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road ~12, Southold, NY for a Variance to the Zoning OrdinAnce, Article III, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County.Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [4] for per- mission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L. P. Edson). 8:10 p.m. Application for T.J. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) [3] (a) to erect an off-premises-directional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition with insufficient rear and side yard setbacks, and small addition reducing ~the frontyard setback, at premises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY fo~ a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] (a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Page 3 Legal Notice of Hearings Regular Meeting of August 31, 1983 Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:30 p.m. Application for NLARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box ~66, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Ave. (Lane)~ Southold, and more particularly identified as Bayside Terrace Subdivision Map ~2034, Subdivision Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southotd, NY, by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary for the Zoning Appeals Board, at 765-1809 or 1802, Southold Town Hall, Main Road, Southold, New York. .................................................................... end of notice-- Instructions to newspapers: Please publish once, to wit: Thursday, August 25, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before August 30th. Copies to the following on or about 9/19/83: Mr. John Jo Clavin Ms. Elizabeth Schwieger and Margaret Murray Mr. Richard Reunis Mr. and Mrs. William Zingaro Mr. David Kapell, as agent for D. Papgiannakis Mr. and Mrs. Charles Woolley Environment East, Inc., as agent for A. Deianey Michael J. Hall, Esq, for Peter Luhrs Mr. Robert Ketcham, as agent for T.J. Lukas and Puerto Verde Rest. Mr. William B. Peters, Cutchogue Free Library Mrs. Patricia L. Blake, as agent for M. Edward J. Boyd V, Esq. for Mr. and Mrs. Town Clerk Bulletin Board Supervisor & Town Board Members Southold Town Planning Board & Z.B.A. Members Posted on Z.B.A. Bulletin Board 8/19/83 Clust (Smith) E.J. Boyd TOWN OF SOUT'HOLD BUILD~G DEPARTMENT TOWN CLE~K'S OFFICE SOUTH©LD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOT~CE that your application dates ............ . ./~..., ...... , ..... for permit to construct ................... .: .... .~. ..................... ; ......... a [t~$'e 'Aio: '] ': ....... ~'~/e~' '' :''.] ' Nam/er: County Tax Map No. lO0O Section ...... :-,4...~... Block ...... .~. ..... Lot .././ ........ Subdivision ........~ ........ FHed Map No ......... ---5 ....... Lot No .................. ~I ..... . .... ~) ..... ~ ............. J .... 77 ........ P/ ......... / ...... & ' ~ ' ~..~..~.. ~.=~. ~.~.. ~~...~~. ?:7.~ ~ :F, : ' / / - - . ..................................... juk g 81983 ' TOWN OF SOUTHOD, NEW YORk APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. k_~/d / DATE ~3~(..~..,.~.~3 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. NAME STREET AND NUMBER S o uth o 1 d ................................. Ce ~...-'~ ?.k ,....~ ~:??. ~- ................. MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT[ON.~accordance with the ZONING ORDINANCE ARTICLE VII SECTION 100-70 (. B) ( ) SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE a public garage is a use permitted in a B-1 General Business District only by special exception by the Board of Appeal~ ~ Th~%usiness will be a ~epair~ station omly and will n~ither dispense nor store gasoline or gasoline products. The business will conform in all respects to the requirements of Southold Zoning Code Article VII Section (B)(4). The use will also comply fully with the factors governing special exceptions in Southold Zoning Code Article XII, Section 100-i21 (C)(1) and (C)(2). ~operty known as: ~58~5 Nrth Road, Southold, N.Y. Tax map # : Se0.55 Block 02 Lot 17 Present Owner: Leffert P. Edson Address: Main Road, Souhtold, N.Y. Zone: '~!" ~eral Business District STATE OF NEW YORK ) COUNTY OF ~-~r~}v.~r I ss swo his .... day of 19. 3 ~ NOTARY PU IC FORlVI ZB2 / Lot // size: 2Z.,~O0 Sq, f~. Build~n~ szze~l O0 Sq. f~ Coverage: 7,~ of lot ¢=50.0 h. ~ x Io 150.00 ~, 67~06,,~t0 IZB. 18 .......... ~' AT S~DLJ T H 0 L O 'TOWN 0!::' L[-TFFEIR. T~ R EDSON ~*~. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR S o E. Q. R. A. SERGE DOYEN, JR, ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 316I PROJECT NAME: PETER LUPIRS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: IX] DESCRIPTION OF ACTION: Type II [ ] Unlisted [ ] Special Exception - public garage use. LOCATION OF PROJECT: Town of Southold, particularly known as: C.R. 48, Southold. County of Suffolk, more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental eAssessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is not located within 300' of critical environmentPl area. Dated: July 28, I983. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516),765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [i~-any] and posted on the Town Clerk Bulletin Board. Southold, N.Y. 11971 (516) 765-1938 March 13, 1984 Mr. Peter Luhrs 2055 Anchor Lane Southold, NY 11971 Re: Peter Luhrs site Plan Dear Mr. Luhrs: The following action was taken by the Southold Town Planning Board at the regular meeting of March 12, 1984. RESOLVED that the Southold Town Planning Board approve the site plan of Peter Luhrs, located at Southold, for the construction of a garage for repairing automobiles and light trucks. This approval is subject to the receipt of revised maps showing a 10 foot buffering on the westerly boundary of the property. If you have any questions, please contact this office. Very truly yours, Zoning Board of Appeals HENRY E. RAYNOR, JR., CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, SeCretary Southold Town Board of Appeals MAIN RrtAD- STATE ROAD 25 5rlUTI-~C3LD, L.I., N.Y. 11971 TELEPHONE (516) 765~1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI November 28, 1983 Mr. Peter Luhrs 2055 Anchor Lane Southold, NY 11971 Re: Amendment to Appeal No. 3101 Dear Mr. Luhrs: Concerning your recent request, please be advised that the following action was taken by the board at its Special Meeting held on November 25, 1983: RESOLVED, to Amend Appeal No. 31~, Condition #l(h) in the matter of Peter Luhrs to read as follows: l(h): Vehicle/entrance/exit bay doors shall be located at the rear [north end] and/or the westerly side (as shown on the file site plan. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. Please be sure to return to the Planning Board for their consideration of the above. We are forwarding a copy of this to the Planning Board for their file. lk GERARD P. GOEHRINGER cc: Planning Board CHAIRMAN Southold Town Clerk TO: Southoid Town Board o£ Appeals November 4,1983 In re~ards to the action taken on ,:~y appeal,no.3161 for a special exception and permission to establish a public garage/repair station, in a B-] general business district,premise known as 45845 North Road, Southold,N.Y;Count? iqap No. 1000-55-02-17 I would ~reatly appreciate t~ezr determination as to the There '~re sever. 1 reasons ~ if the board would review and reconsider location of ~ bay doors of the building. I wo~ld llke the bay doors located on the West side instead of the North as the board determined. I designed the building to be appealing,functional and within my financi~l capacity. To relocate the bay doors would totally disrupt the interior ~nd exterior flow of vehicles. The bay doors on the west side would be for automobiles and zhe larger door on the north for trucks.Also ti~e survey/ plan shows the first door would be aproximately 65' feet from the road on the side facing my adjacent property owners bay doors.And lastly,following the planning board pre-submission conference,not knowing about the changes of the bay doors,I had architectural drawings dra~-n at a considerable expense. I always had in mind to design the building to be appealing and to be reflective of the service I want to render. Please reconsider my appeal to retain the bay doors as they are.on my survey/plan. Yours respectfully. Peter ~hrs HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, h. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 November 8, 1983 TELEPHONE 765- 1938 Mr. Peter Luhrs 2055 Anchor Lane Southold, New York 11971 Re: Peter Luhrs Site Plan Dear Mr. Luhrs: At a regular meeting of our Board, Monday, October 24, 1983, discussion was held regarding the action taken by the Zoning Board of Appeals October 11, 1983. The Board was in agreement of the following: (1) Relocate doors to the rear of the building. (2 Relocate building for maximum exposure. Removal of the westerly doors as indicated on plan. This application will be held in abeyance pending receipt of amended plans to reflect relocation of the vehicle entrance/ exit doors. Kindly forward three (3) plans to our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals/ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals October 18, 1983 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. ~plicant Municipal File Number Richard Reunis William & Linda Zingaro Charles & Claire Wooley A. Delaney Peter Luhrs T. J. Lukas John J. Clavin Edward & Hazel Boyd 3155 3156 3158 3160 3161 3162 3164 3165 GGN:jk Very truly yo?rs, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l 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: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article VII, Section 100-70(B) [4] Special Permit Appeal No.: 3161 Applicant: PETER 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 __ Body of Water (Bay, Sound or Estuary) XX 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 Mile of An Airport. COMMENTS: Applicant ~XX~X/]~X~U~W~d~XX~was aranted conditional approval for public garage/repair station in this B-~ ~one. Decision an~ m~n~ enclosed. R~te Plan from Planning Board pending as of this date. Copies of Town file and related documents enclosed herewith for your review. Dated: October 13, 1983. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 October 12, 1983 Michael J. Hall, Esq. 218 Front Street Greenport, NY 11944 Re: Appeal No. 3161 - Peter Luhrs 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 be 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary AUTO I~ oard of Appe Town of Southold Wells Avenue Southold, New York 11971 T~wn Zoning Board of the Town of Southold Main Road Southotd, New York 11971 Re: Application of Peter Luhrs for rezonin9 of Premises on North Road, $outhold, N.Y. fro~ District B-1 to District B-4 Gentlemen: We are the o~hers of the property situated imme~LtatelY to the westof the premises petitioned by Peter Luhrs which is the subject of the above rezonin9 application. We have received notification of the fact that M~. Luhrs seeks approval to rezone the property to the east of our property to Zoning District B-4 in order to enable him to COnStruct, maintain and operate a public garage. The property which is sought to be. lezoned harm any other conforming uses which are permitted in B~i Zeattr~ District. It is our opinion that no financial hardship will be suffered by the current ~wner of this property by reason of it~ present zo~ chssification. The value of the subject pre~iSes wit~it$ present z~ing classification has been proven by the~Ct'th~t ye were z~ceat~y in contract for this property, f~ whatw~ belie robe the 'sa~evalue as being paid by the applicant herein, without requesti~g any zoning cha~ges. We, therefore, respectfullyrequest that the rezoning application of Mr. Mrs be denied. Very. truly yours, Ellen L. Hufe Warren E. Hufe, Jr. WEH: eh Eno. BOARDOF APPLALS~ ~OwN OF SOUTu~)I.D In th~ Matter of the Petitior, · ' to the_Boa_rd o[_A212e_aJ2 10: Wa:'-en E Hufe, Jr. W~ ~ Ave P.,3e So~tno]d, N,Y,, %1971 NOT~CE PROF E::TY O.'~/'~R YOU ARE HER£1~YGIVEN NOT!CE: hat ~l .~ the inten!*orl of lqe ur~dersigRed to petition the Board of Appeals of the ] own of boulhoid 2. lh,~t tile property wh.ch ~s the subiect of the Petition is located adjacent to your property and ;s cribed a'~ toflo'~,n ~ae~ _~ ;_o.; 3_o_ca~/~d au ~84~ North Read C'Ccuntv Ron(~ such Petiti,m II, e undcrs-.:ned will request the fottowing relief: Special of ppea~s ~o or,rate a public garde as reqired in .{. tic!c VII ~+' ~' 100-70 (B)(4) , .... O,~ $ lhat the provis~on~ of the Southold Town~Z~nlng Cod¢,agPlicable to the relief ~ought by the under- are A.r._czeV.~ S~ction *~0-70 (~'7~ That w,',hin five da~,s from the date hereof, a written Petition requesting ~here{~ef $,~ecified above w;ll t,~e houthold ]owp Clerk's Off;ce ar Main Road, Sou~0~ New York and you may ~hee aha {ne[e ...................... ",,:.,~ .-,:,.,'.,. ,,*~;-. ..... ~ {i'5) '765-180% ' ' Petitione~ Post Off:ce Addre, s K"I$11<I. Hl~lr'l'[~ll, CUDC)Y & Aiklt~L, t:I*VlKIqI4~..AO, N Y. I1~,OI 27, 1983 Mrs. Ellen Hufe Wells Avenue Southold, New York 11971 Dear Ellen: I am enclosing two copies of t~ontr&ct of sale which ! hmve received on the Middle Road pro~ertyw~ you a~e purc4~asing. I am also enclosing a copy of the survey I~g the pmr~el co~erned. Please review the contract and give me a call. You ca~,~ sign the contracts a~d return them to me via t~e mail or dx~*'t~of~&t my office. Or, in the alternative, we can ~h~ule ~ I~lx~nt3~nt to review the terms~ At the time that you sign the contract~ I ~ l~t Of $2,8~0.00 must be made by c.heckmade'payablm tO th~o~"d&ro£*~l~lk~,H. Bruer, as attorney. It is not nece~Sa~ that ~i ~k ~e~er~led. Very truly yours, It[IrT[N, CUDDY & ANOE:t. CouNil;i..o~e AT LAW N~ViNHUO, IM Y. ileOl July 28, 1983 Mrs. Ellen Hufe Wells Avenue Southold, New York 11971 Dear Ellen: I am returning to you my trust acoou~t check m~lep~yable to your order in the sum of $2,800.00 repre~entin~ the ~ paF~ent whic~ you had made on the Edson propertY. Mr. B~ue~ ~tur~e~ ~ down payment to my office, which ! negotiate~ ~%~oughmy trust account in your behalf. Sincerely, Marcia Z. Halter MZH:eJp Enc. ES$IKS, HEFT[R, CUDDY & ANGEL R,VEI~I, II~,AD, N Y. 11901 Jume 27, 1983 Mrs. Ellen Hufe Wells Avenue Southold, New York 11971 Dear Ellen: I am enclosing two copies of th~contract of sale which I have received on the Middle Road property which you are purchasing. I am also enclosing a copy of the survey showing the parcel concerned. Please review the contract and give me a call. YOu can sign the contracts and return them to me via the mail or drop them off at my office. Or, in the alternative, we can schedule an appointment to review the terms, At the time that you sign the contract~ a down payment of $2,800.00 must be made by check made payable to the order of Rudolph H. Bruer, as attorney. It is not necessary that this check be certified. Very truly yours, / ............ ff Lot size~ 2~,500 Sq. ft. .......................L ~ Buildi~.size:1,700 Sq. ft. . // ,0o~er~e. ?.:~ o~ ~ot . // ~P OF ~0~E~TY ~u~TS[.O ~ ~Z ~.~V~Z ~w~o~- ~ L~FFER~ ~ ~D~ON '~-. " VAN ~YLi~N ~ ~,o~ o ,~. ~,~- ~ . .~- _V__ .~..~ _r~ ..... July 26, 1983 Mr. Lewis Edson First Town Realty Main Road~ Southold, New York 11971 Re: Property of Lefferts Edson, North Road Southold, New York To $outhold Town Planning Board and Board of Zoning and Appeals: This will authorize Peter Luhrs, as contract vendee and Michael J. Hall as attorney to seek a determination from Southold Town Planning Board and Board of Zoning and above Appeals regarding the capti~proper~/~ Lewi~ Edson Sworn to before me this&~V~day of Legal Notices. ' u[zo=g O a.ce, Artie]e LEGAI~ NOTIc~ '~ Section NOTICE IS HEREBY GIVEN, pursuant to Section 26'7 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the nee ny me Southold Town Zoning Board of Appeals at the Town Hall, Main Read, Southold, New York, on r' WEDNESDAY. AUGUST 31, ]983 commencing at 7:80 o'clock p.m. and as fellows: 7:50 p.m. ApplicatiSn of JOHN J. CALVIN. Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article _ III. Sections 10031 and 10032. for permission ~to ~ locate accessory building in an area . other than the required rear yard, at premises known as Lot #2 of Minor Subdivision #231, Fishers Island Utility ~ Co, and more particularly known as County Tax Map Parcel No. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Read, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, ,for approval of three propesed !ors, each having insufficient area, width and/or depth, an.~..or insufficient setbacks of exLsting buildings due to lsna- Una of lot lines, located at the east side of Light HOUSe Road, Southold; County Tax Map Parcels No.. 1000-51-02-001 and 7:40 p.m. Application of RICHARD REUNIS, 1500 Beabe Drive, Cutehogue, NY for a Variance to the Zoning Ordinance, Article II!, Sec- tion 100-30(O for permission to locate tennis court with 10' 765-1809 ~[802, Southold ,/ 100-32 for Town Ha~. Main Road, ,. permission to construct acces- Southold, New York. ~- sory garage/storage building 1TA25-4320 in the frontyard area at premises located at the south I~-'°''°~rc-~n'~'''' i SS: ~ side of Great Peconic Bay ' Boulevard, Laurel, NY; COUNTYOFSUFFOLK ) County Tax Map Parcel No. · , 1000-128.02-009. / 8:00 p.m. Application for~ PETER LUHRS, by Michael · J... Hall, Esq., 218 Front Street, ~reeaport, NY for a Special Exception to the Zoning Ordinance, Article VII, ~ Section 100-70(B)[4] for ~ permission to establish a public garage/repair station m this B-1 General Business ~ District, premises known' as 45845 North Road Southold, NY; County Tax Map Parcel ~No. 1000-55-02-17 (Owner: L. r P. Edson) , 8:10 p.m. ApPlicaUon ~or T. J. LUKAS, by R. Keteham, ns agent, Box 295, East Marion, ~ NY for a Variance to the Zon- ing Ordinance, Article VI, Section 100.60(C)[3](a) to erect an off-premises-direc- tional si~n upon promises of T J. Lukas for the Puerto Verde Restaurant at 69700 Main _~ed, ~ceeepart, NY; County 8:15 p.m. A'ppUcaUon ;f CUTCHOGUE FREE Li- BRARY, Box 935, Cutehague, NY for a Variance t5 the Zon- ing Ordinance, Article VII, Section i00-71, Bulk Schedule, for permission to construct addition with insufficient rear and side yard setbacks, and .[ small addition reducing the front~'ard setback, at Road, Cutehogue, NY; County Tax Ma~o Parcel No. 1000-10~- 05-22anapartof23. ,[ !. · 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchague, high fence accessory to the ..NY for .a S _l~'*cial Exception to principal structdre (dwel- me zonmg Ordinance, Article ling), known as 1500 Beebe VII, Section 100-70(B)[1](a)- Drive, Cutchogue; County Tax for permissina to use propnsed · Map Parcel No. 1000-103-03- addition for library use at i 7:45 p.m~ Application of Road, Cutehague, NY; County WILLIAM . and LINDA Tax Map Parcel No. 1000-102- ZINGARO, P.O. Box 306, 05-22andpartof23. Cutchogue, NY for a Variance 8:30 p.m. Application for to the Zoning Ordinance, MARJORIE . CLUST AriicleXI, Sections l00-119 (A .(SMITH), by Patricia L. & B) for ~e.~. ission to rotain Blake, as agent, Box 166, hedge height over four feet Soathald, NY for a Variance to ~ elo,~, the fron~ .ar~. elon~ the Zonin~ Ordinance Article eqUasn avenue, ~,'utcnogue, III, Section 100-31 for at premises known as 55 ;permission to re-divide four Peqeash Avenue (30100 Main ~. ~ Subdi~'islon lots which have · '.Road), Cutchogue, NY; . ' iC0~t Y0~M a P Parcel NO,~ (peparote helf-acro lots located · u~,~w. ~ ..~ .~ - : 7:50 p.m. Application for ' Lane and the east side of , oy ~,. r, apea, as agem, 400 ana more particularly .Front..Str.eat, Greeapert, NY identified as BaFside Terrace mr a variance to the Zoning Subdivision ~ap #2034, Ordinance, Article III, Section Subdivision Lots 4, 5, 13 and 100-31, Bulk Schedule, to . 14 County Tax Map Parcels redivide two parcels, each No. 1000-7a.09-4, 5,12, and 13. having insufficient area and ' 8:40 p.m. Application for width and located off the west EDWARD g. and HAZEL K. .~i,d_e_. of S.t~a. rs ~.Road,..East BOYD, 3880 Robinson Read · ;marlon ~I; ~ars manor Southold NY bye J BavdV bd/wsion Map #3864, Lots20 Esq. for a Variance to the and 21; County Tax Map Zoning Ordinance, Article IIi, P~arcels No. l~0-~l and> Section 100-32 for permission ~. ' ~ ' · · '~ to construct accessory !~ :$8 p.m. Application of garage/storagebufldinginthe CHARLES and CLAIRE froatyard area of premises ~?O ~LLE.Y3 ~ P.ri._vate. Road ~kno?/n as 3~0 Robinson Road, e z, oou~noia, NY [ora ~outhold, NY; County Tax Variance to the Zoning Map'Parcel No. 1000-081-03- Ordinance, Article III, Section 100-32 for permission to build · Dated: Augnstl7, 1923. · garage/storage build/rig in the - BY ORDER OF · . frontyard area at premises ' THE SOUTHOLD TOWN- · ~ known as 520 Private Head #12 ' BOARD OF APPEALS (near Bayview), Southold; GERARDp. GOEHRINGER County Tax Map Parcel No. I000-078-06-006. 8:00 p.m. ApplicaUon for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peceaic, NY for a Variance to CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary for the Zonins~ Am~,p~ls I~,~,-,,~ ,** Joan W. Gustavson of Greenport, in said County, being duly sworn, says that J~,/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for on~ weeks successively, commencing on the 25th dayof Al~gust 19 83 H[L~bl K. DE VOE RY PUBL!C, Slate. of New York 4707878, 3ullolk Ciumv 'm [~plres March 30, 19~.~'" Principal Clerk Sworn to before me thia 25th dayof August 19 83 NOTICE IS .HEREBY GIV- EN, pursuant to gection 267 Of the Town Law and the Pro- visions of the Amehded Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WED. NESDAY. AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, N.Y. for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 of Minor Subdivision #231, Fish- ers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000-006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Rd-ad, Southold, N.Y. for a Variance ko the ZoningOrdinance, Article III, Section 100.31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or .depth, and/or insufficient setbacks of existing buildings due to loca- tion of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02.001 nd 002. ~ :40 p.m.- A !,eat,on RICHARD REUNi~, be Drive, Cutchogue, N.Y. for a Variance to the Zoning OrdinanCe, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the. principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03.004. 7:45 p.m. Application 'of WILLIAM AND LINDA ZIN- GARO, P.O. Box 306, COt- chogue, N.Y. for a Variance to the Zoning Ordinance, Article Xl, Sections 100-119 (A&B) for permission to retain hedge height over four feet high along the frontyard along Pe- quash Avenue, Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-03- 007. 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, N.Y. for a Variance to the Zon, ing Ordinance, Article III, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located off the west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcel~ No. 1000-22-04-001 and 002. 7:55 P.m. Applicnti0~~ =of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, H.YJ for a Variance to the Zoning Or- dinance. Article III, Section COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Woc~J, 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-Watch- man once each week for ......................... ./.. ............ weeks successively, commencing on the ~r da y.~.o~z.....~......~ .............. ' 9.~..~..-~. ~) .......... Sworn to before me this .............. ~....~. ............ day of 19..~....~. CLEMENT J. THO~PSON ;~IOTg~Y PU8{..{C, State of ~w Yo,~ ~ ~-83~1725 uornmi~fioe ~ Magh ~0, DIMI [RIOS PAPGIANNAKIS, by D. Kapell, as agent; 400 Front Street. Greenport, N.Y. for a Variance to the Zoning Ordinance, Article IH, Section 100-31. Bulk Schedule, to re- divide t~o parcels, each hav- ing insufficient area and width and located off the west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Applicntion of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Y. for a Variance to the Zoning Or- dinance, Article IlL Section 100-32 for permission to build garage/st6rage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; ~ County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East. Inc.. Indian Neck Lane, Peconic, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100. 32 for permission to construct accessory garage / storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, N.Y.; County Tax Map Parcel No. 1000-128-02-009. t8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Str~t Greefil~ort'. N~r a'~l~e~Nl Exception to the Zoning Ordin- ance, Article VII, Section 100-70 (B)[4] for permission to establish a public garage/re- pair station in this B-1 General Business District, premises known as 45845 North Road, Southold, N.Y.; County Tax Map Parcel No. 1000-55-02-17 (Owner: L.P. Edson). 8:10 p.m. Application for T.J. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (C)[3](a) to erect an off-premises-direc- tional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road. Greenport, N.Y.; County Tax Map Parcel No. 1~00-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue. N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Sched- ule, for permission to con- struct addition with insuffi- cient rear and side yard set- backs, and small addition · reducing the frontyard set- back, at premises known as' 28735 Main Road, Cutchogue, N.Y.; County Tan Map Parcel No. 1000-102-05.22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y.for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70 (B) ill{a) for permission to use proposed addition for library use at premises known as 28735 Main Road. Cutchogue, N.y.; Counlv Tax Map Parcel No. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent. Box 166, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article Ill, Section 100.. 31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Avenue (Lane), South- old, and more particularly identified as Bayside Terrace Subdivision Map #2034, Sub- division Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, S, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, N.Y. by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/ storage building in the front- yard area of premises known as 3880 Robinson Road, South- old, N.Y.; County Tax Map Parcel No. 1000-081.03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHR1NGER CHAIRMAN 1T-8/25/83(94) JLIDITH T. TERRY TOWN ('LI. RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3161 application of Peter Luhrs for a variance. Also included is noti£ication to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. ~EI~[I¥[I~A~LK:ATION FOR SPECI JUL 2 8 1983 TO THE ZOi"~~'APPEALS,$OUTHOLD, N. Y. I, (we) Peter Luhrs NAME 2065 Anchor Lane of r --- STREET AND NUMBER · Southold .,ew York, MUNICIPALITY STATE ~975 hereby apply to THE ZONING P,~ARO OF APPEALS for a SPEC:,-:,L EXCE?TI,ON, ~n ~accordance with the ZONING ORDINANCE ART1CbE VTT SECTION 7_u0-70 SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE a public garage is a use permitted in a B-1 General Business District only by special exception by the Board of Appe~l~ The business will be a repair station o~iy and will n&~ther dispense nor store gasoline or gasoline products. The business will conform in all respects to Zhe requirements of Southold Zoning Code Article VII Section (B)(4). The use will also comply fully with the factors governing special.exceptions in Southold Zoning Code Article XII, Section 100-121 (C)(1) and (C)(2). Property known as: ¢58~5 Nrth Road, Southold, N.Y. Tax map # : Sec.55 Block 02 Lot 17 Present Owner: Leffert P. Edson Address: Main Road, Souhtold, N.Y. Zone: "B-I" General Business District STATE OF NEW YORK ) } ss COUNTY OF g-c~"/~k' ) Sworn to this 2°°th d:lv BOARD OF APPEALS, TOWN OF SOUTHOLD In the MaJ~er of the Petition of Pete~ Luhrs ' to the Board of Appeals of the Town of So.utho d ~: TO: 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 ~tgi~) (Special Exception) (~[~KLI(I[((I~t) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: vacant lot located at #4~84~ North Road (County Ro~d 48); Southold, N.Y. 3. That]the property which is the subiect of such Petition is located in the following zoning district: B-1 ~eneral Business Distric~ 4. That by such Petition, the undersigne4/will request the following relief: Special Exception of the Board of Appeals to operate a public garage as reqired in Southold Zoning Code Article VII, Section 100-70 (B)(4) $. That the provisions of the Southold Town Zoning Cod,e al~p. licable to the relief sought by the under- signed are ~ticle VII Sectic~ 100-70 (B)~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold 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 27, 1983 Petitioner Peter Luhrs ~ Post Office Address 2055 Anchor Lane Southold, N.Y., 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P28 RECEIPT FOR CERTIFIED MAIL R0 INSURANCE COVERAUE PROVIDED-- NOT FOR IRTERNATIONAL MAIL (See Reverse) SENTTO Suffolk County [ Real Estate Dept. ] / P28 , RECEIPT FOR CERTIFIED~AIL NO INSURANCE COVERAGE PROVIDE~D- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Warren E. Hufe, Jr. STREET AND NO We'l '1 s Avenue P.O., STATE AND ZIP CODE Southold, N.Y., 1197: CERTIFIED FEE SPECIAL DELIVER~ ¢ RESTRICTEDbELiVERY ~ SHOW TO WHOM AUO ¢ ~ I~ DATEDELIVERED ~ I S,OWTOW~oM DATE ~ .~ ~ DELIVE~ ~ ~~ ~H~O~NDDAT~ ~ ~ DELIVERED WITH REST~ICTE[ ¢ ~ DELIVERY ~0 ~ i OAT£ AND ~ ~ ADDRESSOFDELIVERYW~TH ¢ TOTAL POSTAGE AND FEES P28 7137264 RECEIPT FOR CI~RTIFIED MAIL NO INSURANCE COVq{AGE PROVIDED-- NOT FOR INTERNA~[IONAL MAIL (See Reverse) ;ENT TO ~ahlon gickerson REET AND NO ~ayv~ew Rd. P ,ST TEAR ZI CODJ~. ~°o~.~o~, h,¥,, 11971 ~ ~ESTR~tED DELIVERY ¢ ~' ~ ~HOWTOWHOM DAT[  ~. SHOW I0 WHOM AND OAf[  ~HOWTOWHOM bATE AND POSTMARK - P28 ,,713727 RECEIPT FOR C~TIFIED MAIL NO INSURANCE COVERAGE PROVIDED~ NOT FOR iNTERNATIONAL MAIL (See Reverse) ~_? .~ ) A~/, ~' 1 1 (~ ~// __ , ' , beln'g duly sworn, deposes and says that on the ~o~f~day of iJLJ(_y ,19 '~ ~ , deponent mailed a true coPy of the Notice set forth On the re- erse s de hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the'hames 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- fi..fi%e-az~~:~ ~; ~/"~'. / ! t(//? ;that said Notices were mailed to each of said persons by 'S~or.~ to befQre me%his , da~k.of~. ~ ~ ,19~ . Notary Public 'd 0 0 03 0 0 E~ 0 0 SHORT ENVIRON-M]~NT.~L ASSESSMENT FORM L;STRUC~=0NS. (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available lnform.~ation concerning the project and the likely impacts of the action, It is not ex-Dected that additional studie~t research or other investigations will be undertaken,' (b) If any question has been answered Yes the project may be si~nificant and a ccmpleted Environmental Assessment For~ is necessary, (c) If all questions have been answered No it is likely that this project is not significant, (d) Environmental Assessment 1, Will project result in a large physical cD~nge to the project site or physically alter more than 10 acres of land? ....... · · . Yes ~ No 2. Will there be a major change to any unique or unusual land form found on the site? -- Yes ~ No 3, Will project alter or have a large effect on an existing body of water? , , , · · Yes ~ No &, Will project have a potentially large impaCo on groundwater quality? · · · · , · · Yes ,~ No 5, Will project significantly effect drainage flow on adjacent sites? · · , · · , , Yes ~ No 6, Will project affect any threatened or endangered plant or animal species? ...... Yes ~ No 7, Will project result in a major adverse effect on air quality? .... · , · Yes X No 8, Will project have a ~mJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · , Yes ~ No 9, Will project adversely impact any site or struct- ure of historic~ pre-historict or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes 2<__ No 10. Will project have a major effect on existing or future recreational opportunities? · · . Yes ~ No ll. Will project result in major traffic problems or cause a major effect to existing transportation 12, Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of ~he project's operation? . Yes .~ No 13, Will project have any impact on public health or sa£ety'? . ....... · · , . Yes ~ No 1L. Will preject ~ffect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the characte-~ of ~he com~munity or neighborhood?. Yes ~ No 15. Is there public c~n~rcve~sy~~ncer.~ing the project? Yes ~ No ~TL_. Attorney at Law REPRESENTI?;G: Peter Luhrs/ SATE: July 27,1983 911178 July 27, 1983 (zc~ay S DaUe) To: Southo!d Town Board of Appeals ' Main Road Southold, NY 11971 Re: Appeal Application of Peter Luhrs Location of Property: %5.8~5 North Road, Southold Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State E ~ ~ ~= n;~-onmen=~l Conservation La~..;, please be advised that the suo~c~ property iQ the within appeal application: (please ' 1 cnec~ one box) [ ] Mav~ be loc-~d~*~ w!un~n"' ' 300 feet of tidal wetlands; cons=~c=~o along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this properuy is a bulkhead in need of (minor) (major) repairs, and ado~ -~ ~=~ _. ~ox_ma_~_.y feet in le.~gtn. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located witJin 300 feet of'tidal wetlands; and there is nc bulkhead or concrete wall existing 'on the premises. o [ X~ Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) inditate your property does not appear to fall wi{bin the jurisdidtion of the N:Y.S. D.E.C.] Sincerely yours,. - (Si~lnauur? /lease) NOTE: If proposed project falls wi .tglin D.~.C. jurisdiction, approval must be received an.d submitted to our office before your application can be.scheduled for a public h_earing. Swampland Brush~O~Pd'~" House plot Total /