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HomeMy WebLinkAbout3635 j.; Southold Town Board of Appeals Nt MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3635 Application Dated May 19 , 1987 TO Mr . Arthur V . Junge [Arpe1.J.ant (s) 1 6880 Nassau Point Road Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on August 20 ; 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III, Section 100-.30 (A) . . . . . . . . . . .[. .]. . -Req.ue.s.t .fo.r. . . . . . . . . . . . . . . . . . . . . Application of ARTHUR 'V : JUNGE for a Variance to the Zoning Ordi - nance , Article 'III , Section -3 ) for permission to establish elec- trical shop use ,in this 11A-40". Residential and Agricultural Zoning District. Location of Property : North Side of C . R. ' 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , con- .taining .45 , 589-�- .sq .. .ft .. '.in lot .area . WHEREAS , a public hearing was held and concluded on July 16 , 1987 in the -Matter of the Application of ARTHUR V. JUNGE , under Application - No . 3635; 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 a described parcel of land containing a lot area of . 975 of an acre , or 45 ,589 sq . ft . , _ with frontage (lot width) of 168. 17 feet along the north side of C. R . 48 ., Hamlet of Cutchogue , is vacant., and is more parti- cularly shown- on the Suffolk County Tax ' Maps as District 1000 , Section 96 , Block 1 , Lot. 19 . 2 . ' The subject premises is located in the "A-40 " Residential and Agricultural Zoning District and is immediately adjacent to the Town of..Southold Disposal Site at the north side . The premises immediately adjoining this property along the west side is a parcel of 1 . 2± acres - improved. with a single-family dwelling and along the,. . east side is a vacant parcel of .39 ,524 sq . . ft. (also.. located .in this Residential and . Agricultural Zoning District ) . (CONTINUED- ON PAGE TWO ) DATED:: August 20 ,----1 98 7 . CHAIRMAN, SOUTHOLD TOWN. ZONING BOARD OF APPEALS Form ZB4 .- (rev. 12/81) Page 2 - Appl . "No . 3635 Matter of ARTHUR V . JUNGE Decision Rendered August 20 , 1987 3 . Town assessment records as of the date of this decision . show the owner of the subject parcel to be John S . Wickham , although it is our understanding that there has been a recent conveyance to Arthur V . Junge or Arthur!.V. `_'Junge - Inc . (A copy of an unexecut,ed deed= from Timothy Scott Gray to Arthur V . Junge dated April 6 , 1987 has been furnished fo.r' the file . ) 4. By this application , appellant requests a Variance from the .Zoning Ordinance to permit the construction of an 4400 sq . ft . building as shown on Site Plan prepared March 10', 1987 by John A. Grammas and Associates' and referred to as Building "A; " with dimensions of 110 ft. wide by 40 .ft . deep and._.shown to be set back 60 set.. from the front property line . Also shown on the Site Plan is a--future Building " B" to the rear (north ) of Building "A" . The occupancy proposed by .the appellant is a. contractor's , business and- shop . 5 . No evidence has been introduced as required by law that : (a ) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it-_ is located ; _.. _ (b) that the plight of the owner is due to unique circumstances and not to.. the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; _ (c ) that the. use to be authorized will not alter the essential character of the heighborhood ; (d ) there is dollars and cents proof to substantiate the unnecessary hardship claimed . This Board is aware - that the proposed new Master Plan Maps depict this property for ,LIO ,. Light Industry , which would permit this use by Special Exception approval , and does sympathize with petitioner' s plight ; however_, the Board finds that the criteria set by the Courts has not 'been sufficiently met and therefore lacks authority to grant the relief as requested . Accordingly , on motion by Mr . Douglass , seconded by Mr . G.rigonis , it was RESOLVED , that "the Variance requested under Appeal No . 3635 ' in the Matter of the Application of ARTHUR V . JUNGE BE AND HEREBY IS DENIED 'WITHOUT PREJUDICE. Vote of the Board: Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was duly adopted . _ 1=k GO-EHRI,NGER , VAIRMAN September 3 , 1987 Y NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant 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 , New 'York , on THURSDAY , JULY 16 , 1987 at the following times : 7 : 35 p .m. . Appl . No . 3581 - GEORGE D. DAMIEN . Variances , to the Zoning -Ordinance , Article III , Section 100-31 , and Bulk Schedule , -for approval of insufficient area , width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson , Fifth and Main Streets , New Suffolk , NY,; County Tax Map District 1000 , Section 17 , Block 9 , Lot 12 , containing a total area of 28 , 919± sq . ft . 7 : 40 p .m. Appl . No . 3639 - WILHELM FRANKEN . Variance to the Zoning Ordinance ; Article III , Section 100-32 , and Article XI , Section : 100-119. 2 ,-. for . permission . to locate 25 ' by 25 ' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet . Location of Property : West Side of Osprey Nest Road , . Greenport , NY ; Cleaves Point Subdivision Section I , Map 2752 , Subdivision Lots 14 and 15 ; County Tax Map District 1000 , Section 35 , Block 6 , Lots 22 , 23 and 24 (now 24 . 1 ) . 7 : 45 p .m. Appl . No . 3635 - ARTHUR V . JUNGE . Variance to the Zoning Ordinance , Article III , Section 100-30 (A) for permission to establish electrical shop use in this "A-40" Residential and Agricultural Zoning District . Location of Property : North Side of C . R . 485 'Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , containing 45 ,589± sq . ft . in lot area . 7 : 50 p .m. Appl . No . 3631 - PUDGE CORP` Variance to the Zoning Ordinance , Article III , Section 100-30 (A) for permission to establish and construct 7500 sq . ft . building for industrial use in this "A" Residential and Agricultural Zoning District . . Location of Property : North Side of C . R. 48 , Cutchogue , NY; County Tax Map Di' sstric.t. 1000 , Section 96 , Block 1 , Lot 20 , containing 3.9,524± sq'. ft'. in lot area . i FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �, Date .�? aft-? �.�. . . . ., 19 A7. . V � To .(� . . . . . . . . .- -�!t„!� . . . . . ... . . . . . . . . PLEASE TAKE NOTICE that your application dated .7. . . . . . . .. 193.1 . for permit to construct . .Q... . . . . . . i.r41Ar . . . . . . . . . . . . . . . . . . . at Location of Property .2.2 .5 S S. . . . .L,�a,� ! �3. House No. ` Street Hamlet County Tax Map No. 1000 Section (A . . Block . . . . .© . . . . . . Lot . . .�.�. . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Building Inspector RV 1/80 MAY 1 � ��87 TOWN OF SOUTHOLD, NEW YORK f U 6 TOwNP P ROM DECISION OF BUILDING INSPECTOR APPEAL NO. 96 `3 3f DATE ..May..;, 1987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....Arthur V:...Junoe...............................of 6880„Nassau Point„Road.;................... .... .......... Name of Appellant Street and Number ........Cutcf•:a : 1 .............................................1,935............... ...NRW..Xork.........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED ....I f 87...... .................................... ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Arthur V. Junge ................................................................................. Name of Applicant for permit of 6880. Nassau Point Road, Cutcho.gue.,. New York 11935 ... . ........ .. .... ............ .... ......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Permit to Build 1. LOCATION OF THE PROPERTY .22355..Cty..,48.�Cutchoyue, NY,,,,,,,,,,,,, ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot Current Owner Arthur V. Junge ........................................................................ Mop No. Lot No. Prior Owner Lauren Watson 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE.to the.Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that Form zsi J (Continue on other side) ya M0&4 V))W'Q1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because al l property north and west is zoned for industrial and this property is reconsidered for the same use on the proposed master plan. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this, use district because extreme shortage of industrial property and none,.available -for. this .proposed business. 3. The. Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE '� CHARACTER OF THE DISTRICT because all area around the land fill i s zoned industrial . STATE OF NEW YORK ) ss ........... :.... COUNTY OF ) Signatu Swornto this .................... LJ................... day of.....................l.-.L ................. 19 � �c.�J -CUM L©m .......... .... ............Notary Public............................, MhiO MN��fN�wYa#t ns D ibucoua''t sE>� �6 I, NLW d Q I � Iwo TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT A-rc�-"veal N, le c . r- f,� . v FORMER OWNER N r _ E �A ACt�R. _ S O o U G W t�t V 1 �I/ i (t 0. S :L �I�/ TYPE OF BUILDING ` r e t<NA M RES. 3�/ SEAS, G7 FARM COMM. CB. MISC. Mkt. Value KID IMP. OT/AL DATE REMARKS �2 Q/ �� � IlOfJAM 7^c T W ICKJ.4AM f' 1/22 0 ' ' Sc( r ` t - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre -- Tillable 1 Ti' able 2 Tillable 3 Woodland . 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S11b�Jr,�c�rl A��tra,�f Carta. a-s.•swr Va ye d Z)e c. e 1986 ' �re�✓: I.0� 7 .(� '8q jOOder-rck- Vcin 74/y/ '5U�1olk. CO, r'ox �crcel: 1o0o-•og6 -�9. ��- '�"- •�.•x �lcyar`iof:s c'o���our� 1irt� �7crde:.� Jar:. Z. 7 , • Lr c,v ri;�ed L�'r!d a'vrV2r�.��'"S �_ t `d COUNTY OF SUFFOLK in MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING Ae. 7.2l. "f79 September 16, 1987 Town of Southold Zoning Board of Appeals Applicant: Arthur V. Junge Mun. File No. : #3635 S.C.P.D. File No. : SD-87-22 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inconsistent with applicable use variance criteria. A change of zone application is necessary. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb A" ZVE RANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (51 6)360-51 92 �oc�vFFO(�`®G Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ' GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xX Variance from the Zoning Code, Article III, Section 100-30 (A) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3635 Applicant : Mr. Arthur V. Junge Location of Affected Land : C.R. 48 , Cutchogue, NY County Tax Map Item No . : 1000- 96-1-19 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 Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to establish electrica shop use in the "A-40" Residential and Agricultural Zoning District Copies of Town file and related documents enclosed for your review . Dated : Sept, .8, 1987 ----- O1J% 4jC f yyk"`T � rl Southold Town Board ofAppeals � �;t; 'Y�r - � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 3., 1987 Mr .' Arthur V. Junge 6880 Nassau Point Road Cutchogue , NY 11935 Re : Appl . No . 3635 - Variance Dear Mr. Junge : Transmitted herewith for your records is a copy of the official findings and determination rendered in- the above application . The Board Members were sympathetic and do agree that this parcel should be re-zoned to permit contractor ' s. office uses . However , due to- the limited jurisdiction of the Board of .Appeals under these circumstances , we are without authority- to grant the variance applied . A "denied without prejudice" clause has been added in the event a future application is needed to be filed before this Board for a-Special Exception - or- other permi t under the newly proposed Master Plan.-Amendments . Yours very truly ., GERARD. P . GOEHRINGER I CHAIRMAN Enclosure Copy of Decision to : Building Department . Suffolk County Planning Commission Southold Town . Planning Board Southold Town Board i u T So th ofd Town Board of Appeals.' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD July 16, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN,JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3635 PROJECT NAME: ART'HU'R V.' •JUNGE 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 [ ] D-ESCRIPTION OF ACTION: Establish electrical shop use in this "A=40" Residential and Agricultural Zoning District LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: C.R. 48, .Cutchogue, NY 10-00-96-1-19 REASON (S) SUPPORTING THIS DETERMINATION: (1) Aft 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- mente.d as planned; (2) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted -' I on the Town Clerk Bulletin Board. i me TRANSCRIPT' OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY , JULY 161' 1987 Appl . - No . 3635 Applicant (s ) : ARTHUR JUNGE Location of Property : N/s C . R. 48 , Cutchogue County Tax-.Map ID No . 1000- 96 = 1 - 19. Board Members present were : Chairman Goehringer P . Goehringer , Members Grigonis , Doyen , Douglass and Sawicki . Absent was : (none ) Also present were : Victor Lessard (Building Dept. ) , Linda Kowalski , ZBA Secretary , and approximately 15 persons in the audience . The Chairman opened the hearing at 8 :04 o ' clock p .m . and rea.d the notice of hearing and application for the record . CHAIRMAN GOEHRINGER: I hay.e a copy of a site plan indicating a piece of property of approximately 168 . 17 feet by 252 . 68 feet variable , indicating a pro-posed industrial bui. lding "A" of 40 ' by 110 ' and future building of 40 ' by', appears to be 83 ' 9" . And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area . Is there somebody who ..would like to be heard? How do you do . ARTHUR JUNGE: Chairman and Members of the Board , I ' m Artie Junge . I just want to get the variance so that I can build my shop so I can conduct my business within the limits of the Town of. Southold . . I know there has been ..-.a lot of controversy of contractors and how they ' ve been operating their .businesses , and I just..want to be on the- up-and- up . I bought this piece of property because it ' s on the proposed Master Plan as,. Light Industrial . That ' s about it. CHAIRMAN : Mr . Junge , did. y.ou get a vacant land C.- O. from- the Bu-ilding Department indicating thi.s as a legal. lot? MR. JUNGE: No. CHAIRMAN :- That wasn ' t one of the requirements? And you have closed on this property or are you still contract vendee ? Page 2 - Public Hearing (Z . B .A. ) - Matter of ARTHUR JUNGE - Appeal No. 3635 Regular . Meeting of July 16 ,_ 1987 CHAIRMAN : You did close on this property?. MR. JUNGE : Yes . I have a deed , that ' s all . CHAIRMAN : I believe we have .the deed. It ' s either the contract or the deed : SECRETARY : That ' s the deed . CHAIRMAN : Ok . Is there anything you wish to say- concerning. - the proposed uses for the record? MR. JUNGE: The only other thing that I would probably do , I have _ a couple of other contractors that have already, asked me if they could come in and rent space from me and I said I would possi.bly consider. CHAIRMAN : Did you-- MR . JUNGE : It would be--they would be i'n the building trade . CHAIRMAN : Did—you think about asking the Town Board for a rezoning on this piece of property as opposed to coming-- MR. JUNGE : Rezoning for what? CHAIRMAN : For business . MR. JUNGE: As opposed t-o Light Industrial ? CHAIRMAN : - As opposed to bringing, this application before this Board : Did you think about a.. change of zone on the property? (Mr. Junge nodded negatively. ) CHAIRMAN : No . Let ' s see what develops through the hearing. Thank y-ou . Is there anybody else that would like to -speak in favor of- this- application? .. _ Anybody to speak against the application? Questions"-from Board Members? (..None ) . Hearing no further questions , I ' ll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS : .-..Sec.onded . The hearing was concluded at- 8 : 10 p . m. Vote of the Board : Ayes : Goehringer , Grigonis , Doyen:., Douglass and Sawicki . 4A daF. Kowalski Board Secretary. and Stenographer r 1jj • Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 . TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 27 , 1987 Mr . Arthur V . Junge 6880 Nassau Point Road Cutchogue , NY 11935 Re : Appeal No . 3635 (Variance ) Dear Mr. Junge : This letter will acknowledge receipt of your recent applica- tion . The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing . Although the earliest available date for public hearing at this time is on or about mid-July* , written confirmation will be sent to you within the next couple of weeks . A copy of the legal notice of hearings will be sent to you prior to .publication in the Suffolk Times and L . I . Traveler-Watchman by our office . Please feel free to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN • By Linda Kowalski (*per Board resolution ) . �N mission to establish electrical 8:05 p.m. Appl. No. 3644 _ tial use of the premises, not to �l �$�C�a shop use in this"A 40"Residen- FREIDERYCK WIGH I MAN/ be operated for sleeping or habitameam - tial and Agricultural Zoning DAVID FREY/JOSEPH able purposes and not operated District. Location of Property: REINHART. Variance to the .for gain, within 75 feet of ordi- North Side of C.R. 48, Cutch- Zoning Ordinance, Article III, nary highwater mark and/or NOTICE OF HEARINGS ogue,NY;County Tax Map Dis- Section 100-30(A), Article XI, landward edge of tidal wetland, NOTICE IS HEREBY. trict 1000, Section 96, Block 1, Section 100-118(E)for establish- along Peconic Bay,575 Old Har- GIVEN,pursuant to Section 267 Lot 19, containing 45,589± sq. ment of business uses,and/or in- bor Road, New Suffolk, NY; of the Town I.aw and the Code of ft.in lot area. terpretation, to permit the fol- County Tax Map District 1000, the Town of Southold,the follow- lowing activities: retail sales Seaction 117,Block 03,Lot 06. ing hearings will be held by the 7:50 p.m. Appl. No. 3631 - and storage,business office,pro- 8:40 p.m. Appl. No. 3592 - SOUTHOLD TOWN BOARD PURGE CORP. Variance to fessional office, governmental BENTE SNELLENBURG OF APPEALS at a Regular the Zoning Ordinance, Article office, contractor office, per- (Continued from April 20, 1987 Meeting at the Southold Town III, Section 100-30(A) for per- sonal-service store or shop, as as requested). Variances to the Hall,Main Road,Southold,New mission to establish and con- described for the"B-Light Busi- Zoning Ordinance, Articles: (1) York, on THURSDAY, JULY struct 7500 sq.ft.building for in- ness" Zoning District, Section XI, Section 100-119.1(B) for ap- 16,1987 at the following times- dustrial use in this"A"Residen- 100-60(A)121,[41,18)inclusively,, proval of eight-foot height of 7:35 p.m. Appl. No. 3581 - tial and Agricultural Zoning in conjunction with existing fencing along the easterly prop- GEORGE D. DAMIEN. Vari- District. Location of Property: single-family dwelling unit on erty line.a length of 72± feet; antes to the Zoning Ordinance, -North Side of C.R. 48, Cutch- second-floor having a livable (2)XII,Section 100-141,Appeal Article III, Section 100-31,and ogue,NY;County Tax Map Dis- floor area of 900 sq.ft.Zone Dis- ing the November 6,1986 Order Bulk Schedule, for approval of trict 1000, Section 96, Block 1, trict: "A-40." Location of Prop- to Remedy Violation which man- i insufficient area, width and Lot 20, containing 39,524± sq.. erty: North Side of Main Road, dates a building permit for new depth of two parcels in this pend- ft.in lot area. IPeconic, NY; County Tax Map fencing along the easterly prop- ing set-off division of land lo- 7:55 p.m. Appl. No. 3638 - District 1000, Section 75, Block erty line. Location of Property: cated at the Corners of Jackson, JAMES AND MARY TYLER 1, Lot I6, containing 1.0194 Private right-of-way extending Fifth and Main Streets, New (continued from June 18, 1987). acres. off the east side of South Harbor Special Exception modifying 8:20 m. Appl. No. 3645 - Road (known as Private Road Suffolk, NY; County Tax Map p. I? y g p' pp' No. .10, or Old Woods Path), District 1000, Section 17, Block Appl.No.3400 to permit vehicle PAUL AND CHARLOTTE Southold, NY; County Tax Map doors to face street side as con- GALGAN.Variance to the Zon- 9,Lot 12,containing a total area of 28,919-* sq.ft. strutted. Location of Property: ing Ordinance, Article XI, Sec- District 1000, Section 87, Block 7:40 p.m. Appl. No. 3639 - 6795 Main Road, Laurel, NY; tion 100-119.2 for permission to 2,Lot 21. �- WILHELM FRANKEN. Vari- Mattituck Holding Co. Minor construct additions to dwelling The Board of Appeals will ante to the Zoning Ordinance, Subdivision Lot#<3;County Tax landward of existing construe- hear at said time and place all Article YII, Section 100-32, and Map District 1000, Section 125, tion and within 75 feet of exist- persons or representatives desir- Article XI,Section 100-119.2,for Block 1,Lot 19.6. ing bulkhead along Eugene's ing to be heard in each of the permission-to locate 25' by 25' 8:00 p.m. Appl. No. 3642 - Creek, 4605 Stillwater Avenue, above ;matters. Each hearing accessory building in sideyard DINA MASSO.Variance to the Cutchogue, NY; County Tax will not start before the time al- area and with insufficient set- Zoning Ordinance, Article XI, Map District 1000, Section 137, lVed. Written comments may York back from existing bulkhead Section."100-119.2 to construct Block 03,Lot 05. W submitted prior to the conclu- ' along Gull Pond Inlet. Location accessory boathouse structure sion of the subject hearing. For of Property:West Side of Osprey with,deck at the foot of the bluff, 8:35 p.m. Appl. No. 3496 - more information, please call Nest Road, Greenport, NY; and deck and new stairs along" FREDERICK KOEHLER,JR. 765-1809. Cleaves Point,Subdivision Sec-, and at top of bluff areas, all Variance to the Zoning Ordi- Dated:June 30,1987. tion I, Map 2752, Subdivision landward of existing wood bul- nance, Article XI, Section 100- BY ORDER OF Lots 14 and 15;County Tax Map khead along Peconic Bay,prem- 119.2 for permission to construct THE SOUTHOLD TOWN District 1000, Section 35, Block ises known as 5705 Nassau 38'by 16'beach pavillon and at- BOARD OF APPEALS 6,Lots 22,23 and 24(now 24.D.. Point Road,Cutchogue,NY;Lot tached deck areas extending a GERARD P.GOEHRINGER, 7:45 p.m.Appl.No 3635_AR- 39, Amended Map A of Nassau length of 124± feet and width of CHAIRMAN THUR V.JUNGE.Variance to Point Filed August 16, 1922; 28 feet (exclusive of stairs), ac- Linda Kowalski, the Zoning Ordinance, Article . County Tax Map District 1000, cessory and incidental to the es- Board Secretary III, Section 100-30(A) for per- Section 111,Block 13,Lot 04. tablished single-family residen- 1TJy9-5658 NOTICE.OF.HEARINGS NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of COUNTY OF S U F FO L K the Town Law and the Code of STATE OF. NEW YO R K ss the Town ,of Southold, ,the following hearings will be held, by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Patricia Wood, being duly sworn, says that she is the Town Hall, Main Road; Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold, New York, on a public newspaper printed at Southold, in Suffolk County; THURSDAY,JULY 16, 1987;at and that the notice of which the annexed is a printed copy, the following times: 7:35 p.m. Appl. No. 3581 has been published in said Long Island Traveler-Watchman GEORGE D.. DAMIEN_ once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks Variances to the Zoning Or- dinance, Article III, Section 100-31, and Bulk.Schedule;'for successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . approval.of.insufficient area; width and depth of two parcels in this pending set-off division day o . . . . . . . . . . . . . . . .. 19�'. . } of land located at the Corners of Jackson, Fifth and-Main - Streets, New Suffolk,-'•NY; • • • • • • • • • • • • •3�• • • • • • • • •�• • • • • • • • • • • County Tax Map District 1000, Section 17,Block 9,Lot•12 con- taining a total area of 28,919± . _ sq. ft. 7:40 p.m. Appl. ,No. 3639- WILHELM . FRANKEN. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of Variance to the Zoning Or- dinance, Article III, Section • • , • • • • • , • • • • , • 100-32;and Article XI,Section 100-114.2, for' permission" to locate 25 '� by 25' accessory building, in sideyard area.and with insufficient setback from /_ existing bulkhead,along .Gull • • • • • • • • • • • • • • • • • • �'''�'�`!• �'`c. . . . . . . . . . . . . Pond Inlet.Location of Proper- Notary Public ty: West .Side of Osprey Nest Road, Greenport, NY; Cleaves BARBARA FORBES Point Subdivision Section I, Notary Public, State of New York Map 2752,Subdivision Lots 14 and 15; County Tax Map No. uffo 6 District 1000;Section 35,Block Qualified in Suff�o),1kc County 6, Lots 22, 23, and 24 (now Commission Expirese 19 24.1). I 7:45 p.m. Appl. No. 3635- ARTHUR V.JUNGE.Variance to the Zoning Ordinance, Arti- cle 111, Section 100-30 (A) for permission to establish electrical shop use in this"A-40"Residen- tial and Agricultural Zoning District. Location of Property: North Side of CR 48,.Cut- ' chogue, NY; County Tax Map t , District 1000,Section 96,Block, 1, Lot 19;•containing 45,5*0+' in lot area.' '' 7:50' p.m:, Appi. P40"3634 DGE CORP.Variance'to the Zoning Ordinance, Article III, Section 100-30(A) for permis- sion to establish and construct . . 7500 sq. ft. building for in- dustrial use in this"A"Residen- tial and Agricultural Zoning District. Location of Property: North Side°of CR 48,.'Cut- chogue, NY; County Tax Map District 1000,Section 96,Block 1, Lot 20, containing 39,524-+_- sq. ft. in lot area. 7:55 p;m. Appl. No. 3638-' JAMES AND MARY TYLER �� - S ftrald ni� �r'Eu'/cx o ou 'V a G.. Q rr 6 8, f 77.54 f f'O COX 'S L a"ra i ,.✓ Ca i' evr-w:i IrM vrVr3`otntvR iro.rn of F PZ j -Y .. F---i.In 72C'^c`tho New Yo:t Rrao —--- --- ------ ----- ---- --- pF NF_L ; Fdiz" sicn I_:.vr. i�.� e-:7 �� v1 yIc Df'ft c f�% \GK i/,q ✓j0 i Co..tnr,V thii set vrt mrp n:t bner_fir,ts h �:.ssLc ►� 's ' :" LJ .t. • O rq' ti G tsanl e# It nc3io00nEdatOd in be a veil treo copy. C�u::rnntce.^-,ksd:actec!hor�ast oh^,L"resat TQ Ct� 2 � O cnty to.tho person --am frr v**m the od Q 1 tr-rrc-nsrsd,end on his behalf to the f .-". ►-� • ZSF C 3 2 56rL�1�' till• ccvnr,-n!r.9eve on snmtcl4ns nycrd v . V 4CANDSJ t londm,-insedtution Iieted horoon crx] to th8 ne:4noov,of tho Iondin;;instf- 7- f tttticn.CUorCnt008 ar0 rXR te6jj erCb;Q to m,;i,iorat irwlituti*m or subs"uent . C u 7- I4 4I x -------------- Sob ar an '4 b,v ` as.surva e'd Dec. 84 19a6 von 7-4/y G0. rax I- dreels /000--o96-���9 r:1JZYarlp1.1.5 � C01-le0ul'" 11tte addCd .far'. w 9:!� i 87 Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, JR., ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO 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- Watchman , 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'� I G RARll P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of u r V, NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Mr. Nathan Harris PROPERTY OWNER Box 462 Cutchogue, New York 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 22355 County Road - 48, Cutchogue, NY 3. That the property which is the subject of uch Pe ition is located in the following zoning district: 1000-096-1-19 Zo �e� ��s1gt_ Tls wC 4. That by such Petition, the undersigned will request the following relief: Would like to build electrical shop 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section Section 100-30 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date_of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 5/3/87 Petitioner Owners ' Names : Arthur V. Junge Post Office Address 6880 Nassau Point Road Cutchogue. NY 11935 (Tel . 516-734-5203 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME. ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Arthur V. Junge residingat 6880 Nassau Point Road Cutchogue, NY 11 g3,5 , being duly sworn, deposes and says that on the J` day of May , 19 _87 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of theJoiwn of Southold; that said Notices were mailed at the United States Post Of- fice at Southnl d ' ; that said N is s were m 'led to each of saM persons by (certified)""(registered) mail. Sworn to befQrelme this day of , 19 CUURE L.GLEW Notary PUM,State of New York Notary Public �11%d I�B�Ik County Commlalon Expires December 8,18_..__ (This side does not have' to be completed on form transmitted to adjoining property owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: James L. Gray PROPERTY OWNER _ Bridge Lane Nassau Point, Cutchogue, NY 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 22355 County Road - 48. Cutchogue, NY 3. That the property which is the subject of such Petition is located in the following zoning district: 1000-096-1-19 ZoIVe-d_Res *ldenji'a. vSe_ 4. That by such Petition, the undersigned will request the following relief: Would like to build Electrical Shop 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section Section 100-30 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7E 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of sueh"hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Travel er-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: 5/3/87 L,7 ,L A AAA 0 n Petitioner Owners ' Names : Ar .hit V. Junue Post Office Address6880 Nassau Point Road, Cutchogue, NY 11935 516 734-5203 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS -r y STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) Arthur, V. Junge residing at 6880 Nassau Point Road, Cutchogue, NY 11935 , being duly sworn, deposes and says that on the 1r day of May 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses.set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Southold ' ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before/Irime this day of l"� ; 19 Notary Public CLAMELGLEW N"y I'u� 9 rk NOW Commission Expires Decem506 ber 19 (This side does not have' to be completed on form transmitted to adjoining property .owners... ) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS; (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations wi11 be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form 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 change to the project site or physically alter more than 10 acres of land? o e o . Yes /\ 110 2. Will there be a major change to any unique or unusual lard form found on the site? . . . Yes No 3. Will project alter or have a large effect on an existing body of water? e e . . . . . e . e �_ Yes No 4. Will project have a potentially large impact. on .c groundwater quality? ' • • o a • e u • • o a • Yes No 5. Will project significantly_ effect drainage flow N on adjacent sites? e o o e • • o Yes No ?1 ,b a b. Will project affect any threatened or. endangered � vi plant or animal species? e . a • e • • . • �r Yes No -r LM 0 ']. Will project result in a major adverse effect on Ki ;> , d air quality? • . e . • e e • • e • • Yes NO 8. Will project have a major effect, on visual char- acter of the community or scenic, -views or vistas kno%m to be important to the community? • e . Yes _ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . • e Yes No 10. Will project have a major effect or existing or future recreational opportunities? • ._r_ Yes No 11. Will project.result• in major traffic problems or cause a major effect to existing transportation +, systems? . • . e e Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes L No 13• Will project have any impact on public health or v safety? . . . . . Yes No in U. Will project affect the existing community by directly causing a growth ;.n permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the v character of ti:e community or neighborhood? . Yes No 15• Is there p lic controversy concerning the project? Yes No PREPARER'S SIONATURE: � TITLE: REPRES7-NTING: SCA (jp�lDATE: _ 9/L/78 CUTL� O `e �� ' �Irc To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of C q f, Location of Property: • Dear Sirs: . In reference to the: Now York State Tidal Watlandz nand-Us Re uiations, G NYCR R, Part 661, and .Article 25 of the He:•I York. State- Environmental Conservation Law, please be advised that t: Subject property in the within appeal application: (plr::lC-e crnc: bo,- t . I May be locatad witilirt 300 feet of tidal wet1.2r.cl , howc!ver, constructed along the water-lying ec]c;C of this grope rty is a bulkhaad in very good condition and at lorast 100 feet in +length. 4 I ] May be *located wi::hin 300 feet oz tidal Wetlands, however, con3truct:cd along the %./ ... 'ge of this property is a bulkhead in need o= r (m; r, ) (major) repairs, drid approximately length feet in , ] May be located within 300 feet of tidal wctl_ �.. . however, constructed along the wa:.e -1 anon ' of this property is a bul}:1leacl less thannloo fed-e`t • in length. l May be located Within 300 feet or tidal. wetland:, and there is no bul:clie,: d or c:c.n-- %gall an the prcmise:3. (�G] Is not located within 300 feet of tidal ands to the hest of illy kncjt•jledre. f:,'k3rred i Lur1io ( `) ind ic:.,Lc your p-•occ dog,, not appear to call wit:3i:r the: juri ,c:icLioriloi the tI ,Y,S , D. C.C. Sinccrcly your S t:OTC: If proposed project Falls tlitl'.in D.E. C. jurisdiction , approval must be received and sul;:nitted to our o_Ficc before Your application can be tjC11C tiled Cor a public: :ieG1-i:ig. ' r r• -QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED "WITH YOUR APPLICATION 'FORMS 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 or alter land contours ? Yes No 2 . a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code , Ch . 97 for your reference . ) *b) Are there any areas open to a waterway without bulkhead? Yes 3 . Are there existing structures at or below ground level , Yes No such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yes 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes average ground level ? State total : _ ft . '.. 6. If project is proposed for principal building .or structure , is total height at more than 35 feet above Yes No tyerqa ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If .yes , please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes CD State Permit # and Nature : 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Planning Board Yes (o Town Board Yes Town Trustees Yes County Health Department _ (Y]!� No Village of Greenport Yes (ffc0 N . Y . S . D . E. C . Yes Other Yes To 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes N`o 12; If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an 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 Yes the requirements of Ch . 97 of the Town Code? 13. Please list present use or operations conducted upon the subject propertyat this time eQ S and proposed e 16<(CL-15 *Please submit photographs for the rec rd . I 'certify that the above statements are true and are being submitted for relia a by the oar of Appeals in considering my" application . Signature Property Owne JAuthorized Agent 3/87 lk § 97-13 WETLANDS § 97-13 ` TOWN — The Town of Southold. TRUSTEES — The 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 mean low tide are covered by tidal water4' to a maximum depth of five (5) feet, including but not limited t:u banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black ( grass, saltworts, sea lavender, trill cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. . FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection I30)and lying with- ; in seventy-five (75) feet landward of the.most land- a ward edge of a"freshwater wetland." 9705 2.25-N5 Jtaj.dard N T B t U rorm dUU1-2-73—Bargain and Sale Deed with Covenant against Grantor s AcIs—Individual or LorporaIion (single sheer) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. )IST- THIS INDENTURE,made the 6TH day of APRIL, nineteen hundred and EIGHTY-SEVEN, �000 BETWEEN TIMOTHY SCOTT GRAY , RESIDING AT NO # , SOUND AVENUE , BOX 412 ; SECT. SOUTHOLD, NEW YORK, 11971 , )96 . 00 3LOCK party of the first part, and ARTHUR V. JUNGE, RESIDING AT 6880 NASSAU POINT )1. 00 ROAD, CUTCHOGUE , NEW YORK. ',OT )19 . 000 party of the second part, WITNI:SSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration 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, with the buildings and improvements thereon erected, situ- ate, lying; and beingXMXK(XXX at Cugehogue , Town of Southold , County of Suffolk and State of New York, being more particularly bounded and described as follows : BEGINNING at a point on the northwest line of Middle Road (C. R. 48) 750 feet more or less southwesterly along said line from Cox' s Lane , said point being the southeast corner of the premises herein described and the southwest corner of other land of' the party of the first part ; running thence along the northwest line of "Middle Road (C. R. 48) South. 25 degrees 52 minutes 30 seconds West , 168 . 17 feet to land of Harris ; running thence . along said land North 60 degrees 54 minutes 20 seconds West , 252 . 68 feet to land of the Town of Southold; running thence along said land North 23 degrees 14 minutes 00 seconds East, 188 . 15 feet to land of the party of the first part ; running thence along said land South 56 degrees 42 minutes 30 seconds East ,. 263 . 16 feet to the point or place of BEGINNING. TOGETHER with all right. title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO 1K)LD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the 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 con- sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the 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 construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: . . . . . . . . . . . . . TIMOTHY SCO.TT GRAY i T :1 fe I r STATE OF NEW YOR.K. COUNTY OF NASSAU SS: STATE OF NEW YORK, COUNTY OF SS>. .t On the 6TH day of APRIL, 19 8 7, before me On the day of 19 , before me personally came TIMOTHY SCOTT GRAY , personally came : i i to me known to be the individual described in and who to me known to be the individual described in and who- executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that HE executed the same. executed the same. STATE OF NEW YOM COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS. On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being byy me duly sworn, did depose and the subscribing witness to the foregoing instrument, with, say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows t the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;- to said instrument is such corporate seal; that it was so that he,.said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. flurgttitt iilti] tt(e1ecd SECTION WI-ril COVENANT AGAINs-i GRANTOR's ACTS BLOCK TIT'Lr: No. LOT --- — COONTY)QX" 'XX OF SUFFOLK AND TOWN TIMOTHY SCOTT GRAY, OF SOUTHOLD, TO ARTHUR V . 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DATE REMARKS 3� �i ( '� ' ' � � . � e' _ - r !.` -ANY WaT-Eta �„i1,11�" ,,.Y G�Nt�.<�L-�"'-.. i2-%'�-'..�.1... . _ , ✓ .a �' w , ro -fi �Y W /<:�� .� . +��tr�t HL�+ -�( �": �I ;t-'»' REVISIONS Rl Lf�l•tom, ri.y i rl`Cam' Cam' �,. ' j Pry 2. f '�V1 Gam.'�}4! dt�' �G 'G� > C✓`�' ALL E� UI I,.�ll` �- I �, I �. J _ I ! i t ; . , Q ' ��T�t�p� .tom . � �: ��I� , I , � JOHN A, GRAMMAS ASSOC. O 1 {, r-7 -. 830 WILLIS AVENUE ALBERTSON N.Y. f K r I�� �'� •1 0 11507 , e; N'7,r�•�, i I � p -�•. ,,� I 1 ! u�,rx;..a• - ) U � `.cT .a.�.t�•:�C� LITi i.t I����" -'�"i 1�1-.1- �LI 11..G'i tq I, WILL t5 I L-L-t�f Alt L_'i~E[� �t Fl%-I- if 0 1-lei lqn Gq S. 250 52 3O W. 168.1? 750 P RKING . TL L G, i 1`247 t I•IG--t I K�-�'�tom- r } - 77 5 K:IG' •-' i� = +j•"7�`� o 0- 22763 ° / �Co� TAR STA't�' MID46 DLE ROAD 2 `"�`J y �`"" PROPOSED BUILDINGS FOR: 120 WIDE 12�r ARTHUR V JUNGE . { --- - - G880 NASSAU POINT ROAD . �' 2Co :':� �1�"-.c;-''mil( t��. .- . . CUTCHOGUE , NY. 11935 I _ 4 203 TEST HOLE SITE DATA LOCATED AT MIDDLE ROAD cc.R. 48 SITE PLAN CUTCHOGUE DOWN OF SOUTHOLD� N.Y. - '1 STM NO 000 I 0 I 1 - 96- 9 .0 j c,►�.,r��. �:tr,.x..���-i=''� �`�.�'-- - R�5� DATE,: DRAWING • ' r i SCALE 7 Y ot1Ni�F�, ~ CONT.NO. 5743 -',S—r'-"RM WATER DRAINAGE KEY MAP THOLD N/F TOWN OF SOU gm�;`l r N,2,3014 00 E� VNizire- WeLL'---" 4160-4*7 17 .17 Z 10� .......... 1 ,74 1 IT .4 7, 5,5� NT- d 41 l(o Ir 7777777�7. ----------- - 4 55 0 mo 0 t -7 x -Tl -------- LEGEND X X r:vr r."F uFqe;� EL' -LEAv/ D 6�- =rMv.-- LA Ll L I -r- X- li!�. U TI L I-TY f K 1H,F H 1,:�, rt;lt4'ri (�L. V) -A T�v I cr X 0, < V Tit CURB 4 PAVING DETAIL (D LL + z Et;t V 5t-f '-T7 A 0 V Y -4--- :<X'x/; AjA < X� "y let, A 'IC A01e Y, tI V NOTES n NO. DATE REMARKS Ll Lm T? <r �& -11 r-r i�H-r-jjrl! W REVISIONS -o HE L-1,4 r— W 0 2. HAW r;� Acel' E!,U i L 1::;l Nw, ------- u') JOHN A. GRAMMAS ASSOC. 1.4 0 83,o wiLLIS AVENUE 5," lc:-T r��K lr,�� ALBERTSON NY 11507 55� r-7 U-rl L.I PI Ne5lt>, �4 if loz+5r, 9, t4 X G R A. t '41 7.50 PARKING 1;oZEf rz�,N, -7-757 IVA o- 276 ST > 124 C.R.48 > 7, PROPOSED BUILDINGS FOR: MIDDLE ROAD 120' WIDE ARTHUR V JUN' . ...... > G880 NASSAU POINT ROAD y CUTCHOGUE NY. 11935, A. 516 -734-5203 LOCATED AT: TEST HOLE SITE DATA MIDDLE ROAD ( C.R. 48 Ilk I ---fp CUTCHOGUE JOWN OF SOUTHOLD NX SITE PLAIN , q S.C.TM. NO. 1000-096- 1-19 If ei 7 DRAWING NO� DATE.: SCALE : I DR!AWN' 25 CONTNO. 5743 V Ar,