HomeMy WebLinkAbout2936..... '.-~ ' ~l~ ~ l,~-
height~ ~o~ ground level of aPPr°x~' 80' ~ fo~
~en~ating ~ind into el~tric power, %o ~ ~
located in the rearyard area .....
Southold Town Board of'Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2936
Application Dated December 1,
TO:
Henry S. Saxstein, Esq.
54 Fairway Avenue
Riverhead, NY 11901
1981
Mr. Richard A. Miller
2895 Aldrich Lane
Laurel, NY 11948
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on December 17, 1981
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ~ Request for Variance to the Zoning Ordinance
Article III, Section 100-32
[ ] Request for
By this appeal, applicant seeks permission to construct a 60'
tower requiring a total height from ground level of approximately
80', for generating wind into electric power, to be located in the
rearyard area approximately four feet from the southerly property line
and approximately 26 feet from the westerly property line. It is the
feeling of the board that energy systems of this type should be
encouraged, and that it is a means of energy conservation. The
board feels that such a system will not have a detriment effect
upon the character of the neighborhood and that it is within the
interests of justice.
In considering this appeal, the board determines that the cir-
cumstances herein are unique; that by allowing the variance no sub-
stantial detriment to adjoining properties would be created; that
the difficulty cannot be obviated by a method feasible to appellant
other than a variance; that no adverse effects will be produced on
available governmental facilities of any increased population; that
the relief requested will be in harmony with and promote the general
purposes of zoning; and that the interests of justice will be served
by allowing the variance as applied for.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that the application of Richard A. Miller, Appeal
No. 2936 be GRANTED AS APPLIED FOR AND SUBJECT TO THE EASEMENT
AGREEMENT BETWEEN CARLO BOSCHETTI (neighbor) AND THE APPLICANT.
Location of Property: 2895 Aldrich Lane, Laurel, NY; County
Tax Map Parcel No. 1000-125-2-1.5.
Vote of the Board:
RECEIVED AND /LED BY
THE SOUT:-iC~D TOWN CT.~3~
DATE //~/~3L !~O~B / '/~ ~
T~ G!~rk~ov;n of Southold
DATED: January 21, 1982.
Form ZB4 (rev. 12/81)
Ayes: Grigonis, Doyen, Douglass,
Gerard P. Goeh~
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER f (~airEtaD.
JOSEPH H. SAWICK)
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SI'IUTHOLD, L.h, N.Y. 11S71
TELEPHONE (516) 765-1809
Janua.~ 22, 1982
Hen.L*~ S. Saxste:Ln, Boq.
S4 F&:i..~w&y Avenue
Hr. R:Lohard A. Htllez'
2895 Al(l~loh Lane
Lau.~e]., ~ ].1948
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal has been approved, please be
sure to return to the Building Department for approval of any
new construction or for a certificate of occupancy of the
premises, as may be applicable.
If you have any questions, please do not hesitate to call
either our office or that of the Building Inspector at 765-1802.
Yours very truly,
GG:lk
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
Secretary
HENRY S. SAXTEIN
ATTORNEY AT LAW
54 FAIRWAY AVENUE
RIVERHEAD, NEW YORK 11901
(516) 727-2211 727-2818
January 5, 1982
Southold Town ~x)ning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
Res Appeal of Richard A. R[lIer
Appeal ~ 2936
Dear
Please find enclosed a Certified Copy of the Easement from
Carlo Boschett[ to Richard A. Miller eoncernin~ the above captioned
appeal, which Easement was filed in the Suffolk County Clerk's
Off[ce on January 5, 1982 in L[ber 9124 cp 340.
Please forward to me a copy of the final decision of the
Zon[n~ Board of Appeals.
Thank you.
Very truly yours,
Henry~. Saxtein
EASEMENT AGREEMENT
This EASEMENT AGREEMENT, made the ~ day of~J~, 198D~
between Carlo Boschetti, party of the first part, being'the o~ner in fee
of a certain parcel of property located on the west side of Aldrich
Lane, Hamlet of Laurel, Town of Southold, Suffolk County, New York~
described in a deed recorded in Liber 8181 cp 182 in the Suffolk County
Clerk'S Office on January 26, 1977, south of and adJointn~ the property
of Richard A. Miller, and Richard A. Miller, party of the second part,,
beln~ the owner in fee of a certain parcel of property located on
the west side of Aldrich Lane, Hamlet of Laurel, Town of SouChold,
Suffolk County, New York, described in a deed recorded in Liber 7961
cp 243 in the Suffolk County Clerk's Office on December 19, 1975,
(minus the above described parcel conveyed by Miller to Boschetti by
deed recorded in the Suffolk County Clerk's Office in Llber 8181
cp 182 on January 26, 1977), and whereas the party of the second part
intends to erect a windmill for the generation of electricity on his
property ac lease three (3) feet from the property line and requires
an easement over a portion of the first party's property co supply
adequate space Co permit construction, maintenance, repair and operation
of said windmill by reason of the inaccessabiliCy to the windmillsite
on the second party's land,
WITNESSETH, that the party of the first part, in consideration of
TEN ($10.00) Dollars, lawful money of the United States, in hand paid
by the party of the second parC, does hereby grant and release unto
the party of the second parc,
An EASEMENT, personal in nature to Richard A. Miller for as lon8
as be is the owner of the property adJoinin~ BoschetCi,'( a transfer
by reason of the death of Richard A. Miller passin6 title to a family
member shall not terminate the easement), to drive vehicles upon, to
store a windmill upon for a period of not more than thirty (30)
consecutive days, to operate a windmill above, and Co carry out all
work necessary for the construction, maintenance, repair and operation
of a windmill(to be constructed upon the property of Richard A. Miller,
aC least three (3) feet from the property line,) upon my property,
as aforesaid, described as follows8
ALL that certain plot, piece or parcel of land, situate, lyin~
and being on the west side of Aldrich Lane, Hamlet of Laurel, Town
of Southold, Suffolk County, New York, bounded and described as follows8
BEGINNING ac a point, said point bein~ the northwest corner of the
parcel of land described in the deed recorded in Liber 8181 cp 182
in the Office of the SUffolk County Clerk on January 26, 1977, said
point also bein~ the southwest corner of lands of Richard A. Miller!
RUNNING thence in an easterly direction alon~ the lands of Richard
A. Miller 30.00 feet Co a point!
RUNNING thence in a southerly direction parallel Co the westerly
boundary of the land of Carlo Boschecci, 100.00 feet to a pointl
RUNNING thence in a westerly direction parallel to the line
dividin~ the lands of Carlo Boschecti and Richard A. MEller~ 30°00
feet to a point at the westerly boundary of the lands of Carlo Boschettl!
RUNNING thence in a northerly direction alon~ the westerly
boundary of the lands of Carlo Boschettt 100.00 feet to the point or
place of BEGINNING,
AND the party of the second part covenants that the party of the
second part will maintain the the above described easement in such a
manner as not Co permit the creation of a nuisance or dan6erous condition.
IN WITNESS WHEREOF, the parties hereto have duly executed this
EASEMENT AGREEMENT the day and year first written above.
RICHARD ~. MILLER
STATE OF NEN'YORKp COUNTY OF SUFFOLK ss.I
came Carlo Bo$chetcE-, to me known to be the £ndEvidual
descrEbed En and ~he executed the £oresoEng Enstrumen~,
and ackno~ledsed that he executed same.
STATE OF NEW YORK I ss.:
County of Suffolk
Notary P~blEc
HENRY S. SAXTEIN
NOTARY PUBLIC. Sto~e of New Y~r~
I, ARTHUR J. FELICE, Clerk of the County of Suffolk and Clerk of the Supreme
Court of the State of New York in and for said County (said Court being a Court of
Record) DO H]~REBY CERTIFY that I have compared the anqexed.cop, y of
and that it is a just and true copy of such original/Le.,O.,6~ ~ and
of the whole thereof·
IN TE STIMONY WHERE OF, I have hereunto seamy hand and affixed the seal
.!~ ~ ofsaidCountyandCourtthis ~,~ dayo~c~.~ 19
Record and Return To
Henry S. SaxteEn, Esq.
54 FaErway Avenue
Rlverhead, New York ~0!
Today' s Date:
lVIefmbers Absent: if any:
T~rsday, December 17, 1981
Appeal No. 2936 · .
Agenda Item/bIatter of: RICHARD A. MILLER
Type of Variance or Appe variance for ~ind ~n~z~i_u~ aL ~o~ Aid~.~.i~ ~,
GChartes
rlgon,s
Resol'ution made by: ( )
Seconded by: ( )
Action:
( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( ) Oeny without prejudice
( ) %v'ithdrawn without
Prejudice
( )
er e
{o~n ~obert
O rard
t~°enrlnge,r Joseph.
( ) ( ) · ( )
( rove with the following conditions:
( ) Subiect to County Planning referral
( ) Subject to Planning Board approval
( ) Subject to D.E.C. re~3lations ( ) Other:
Findings of the Board are as follows:
Other:
( )
( )
( )
( )
(,)
( )
( )
( )
( )
Not %v'ithin the Character of the NZeighborhood
Variance is Substantial in Relation to Code
Not in h _~..o. ny _with purposes of the Code
Hardship not sufiicient
Circumstances are. Not Unique :
%~fill set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
Nay: ( ) ( )
Abstain: ( ) ( )
Absent: ( ) .( )
'-Z
( ) Granting the Relief Requested is wi%bin
spirit of the zoning code
( ) Relief is not substantial
( ) Burden of hardship or difficulty shown
( ) Circumstances are unique
( ) Variance will not change character of
the neighborhood
( ) Interests of Justice served by grantin~
( ) Othe~ for Special Exceptions
)' (
) (
) (
()
()
()
STATE OF NEW YORK)
COUNTY OF SUFFO~)
AFFIDAVIT
Carlo Boschetti, bein~ duly sworn, deposes and says~
I am the owner in fee of a certain parcel of property
located on Aldrich Lane, Hamlet ~f Laurel, Town of Southold,
New York, south of and adjoining the property of Richard A. Mlllel
I am familiar with the instant application of Richard
A. Miller before the Town of $outhold Zonin~ Board of Appeals
to Construct a Windmill to generate electricity on the south-
west corner of his property adjacent to my property. I have
no objection to and am in support of Mr. Miller's application
for a variance.
If the variance is granted, I will convey to Mr. Miller
an easement, as described on the attached document, for the
construction, matntainence, servicing and operation of the
proposed windmill.
Carlo Boschetti
Sworn to before me this
/~ay of December, 1981.
Notary Public
HENRY $. SAXTEIN
NOTARY PUBLIC, Sloie of New York
No, 46878~?, SuitoJk Couniy
~g~mssion [xpir~s March 30,
EASEMENT AGREE~T
This Fi~SEMENT AGREEMENT, made the day of , 198 ,
between Carlo Boschetti, party of the first part, being the owner in fee
of a certain parcel of property located on the west side of Aldrich
Lane, Hamlet of Laurel, Town of Southold, Suffolk County, New York,
described in a deed recorded in Liber 8181 cp 182 in the Suffolk County
Clerk's Office on January 26, 1977, south of and adjoining the property
of Richard A. Miller, and Richard A. Miller, party of the second part,,
being the owner in fee of a certain parcel of property located on
the west side of Aldrich Lane, H~mlet of Laurel, Town of Southold,
Suffolk County, New York, described in a deed recorded in Liber 7961
cp 243 in the Suffolk County Clerk's Office on December 19, 1975,
(minus the above described parcel conveyed by Miller to Boschetti by
deed recorded in the Suffolk County Clerk's Office in Liber 8181
cp 182 on January 26, 1977), and whereas the party of the second part
intends to erect a windmill for the generation of electricity on his
property at least three (3) feet from the proper~y line and requires
an easement over a portion of the first party's property to supply
adequate space to permit construction, maintenance, repair and operation
of said windmill by reason of the inaccessability to the windmillsite
on the second party's land,
WITNESSETH, that the party of the first part, in consideration of
TEN ($10.00) Dollars, lawful money of the United States, in hand paid
by the party of the second part, does hereby grant and release unto
the party of the second part,
An EASEMENT, personal in nature to Richard A. Miller for as long
as he is the owner of the property adjoining Boschetti, ( a transfer
by reason of the death of Richard A. Miller passing title to a family
member shall not terminate the easement), to drive vehicles upon, to
store a windmill upon for a period of not more than thirty (30)
consecutive days, to operate a windmill above, and to carry out all
work necessary for the construction, maintenance, repair and operation
of a windmill(to be constructed upon the property of Richard A. Miller,
at least three (3) feet from the property line,) upon my property,
as aforesaid, described as followsl
ALL that certain plot, piece or parcel of land, situate, lying
and being on the west side of Aldrich Lane, Hamlet of Laurel, Town
of Southold, Suffolk County, New York, bounded and described as followss
BEGINNING at a point, said point being the northwest corner of the
parcel of land described in the deed recorded in Llber 8181 cp 182
in the Office of the Suffolk County Clerk on January 26, 1977, said
point also being the southwest corner of lands of Richard A. Miller!
RUNNING thence in an easterly direction along the lands of Richard
A. Miller 30.00 feet to a point!
RUNNING thence in a southerly direction parallel to the westerly
boundary of the land of Carlo Boschetti, 100.00 feet to a pointl
RUNNING thence in a westerly direction parallel to the line
dividing the lands of Carlo Boschetti and Richard A. Miller, 30.00
feet to a point at the westerly boundary of the lands of Carlo Boschettl!
RUNNING thence in a northerly direction along the westerly
boundary of the lands of Carlo Boschetti 100.00 feet to the point or
place of BEGINNING.
AND the party of the second part covenants that the party of the
second part will maintain the the above described easement in such a
manner as not to permit the creation of a nuisance or dangerous condition,
IN WITNESS WHEREOF, the parties hereto have duly executed this
EAS~ENT AGREemENT the day and year first written above.
RICHARD A. MILLER CARLO BOSCHETTI
STATE OF NEW YORK, COUNTY OF SUFFOLK
On the day of , 198 , before me personally
came Carlo Bosehetti, to me known to be the individual
described in and who executed the foregoing instrument,
and acknowledged that he executed same.
-- Notary Public
STATE OF NEW'YORK, COUNTY OF SUFFOLK ss.8
On the day of , 198 , before me personally
came Richard A. Miller, to me known to be the individual
described in and who executed the foregoi~ instrument,
and acknowledged that he executed same.
Notary Public
Record and Return To
Henry S. Saxtein, Esq.
54 Fairway Avenue
Riverhead, New York 11901
Legal Notices
LEGALNOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the
Provisions of the Amended
Cede of the Town of Southold, a
Regular Meeting and the fol-
lowing public hearings will be
held by the Southold Town
Board of Appeals at the Town
Hall, Main Rood, Southold, NY
on Thursday, December 17,
1981 commencing at 7:15
o'clockp.m, as follows:
7:15 p,m. Application of
Frank E. Brophy, 75 Second
Street, New Suffolk, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule, for,~
permission to construct deck
addition to dwelling with an in-
sufficient front and side yard
setback at 75 Second Street,
New Suffolk, NY; bounded
north by Grathwohl & uno.;
west by Martin; south by
Wetzel, Grathwohl and ano.;
east by Second Street. County
TaxMapParcelNo.1000-117-10-
20.7.
7:25 p.m. Application of
J a mas P. Latham, Plum Island
Lane, Orient, NY for a Var-
ianceto the FloedDamagePre-
vention Law, Chapter 46,
Section 46-19 for permission to
construct cellar slab
approximately eight feet above
mean sea level in this V-5~
Coastal Flood Zone and withou!
structural support and anchor-
age by pilings or columns.
Location of Property: Private
Road (Peter's Necl~ Pt.),
Orient, NY; botmded north by
G. Latham and Girls Bay; west
by Strachan, Private Road, and
Bliss; east and south by Orient
Harbor. County Tax Map
ParcelNo. 10~-32-1-12.
7: 35p.m. Applicationof Janet
A. Davis, Carrington Road,
Cutchogue, NY for a Variance
to the Zoning Ordinance,
Article III, Section 100-30A, B
for permission to operate an
antique shop in an A-Agricul-
tural & Residential District.
LocationufProperty: Cornero~
Main Road and Pequash
Avenue, Cutchogue, NY;
bounded north by Scharadin;
west by S.R. 25; south by Pc-
quash Avenue; east by
Carroza. County Tax Map
ParcelNo. 1000-102-3-7.
7: 5op.m. ApplicationofPeter
S. Terranoya, Box 77, Peconic,
NY for a Variance to the Zoning
- Ordinance, Ar ticle III, Sections
100-31 and 100-34 for permis-
sion to construct deck addition
to dwelling with reduction of
frontyard area and beyond
property line. Location of Pro-
perty: 1170 Huntington Blvd
(a/k/a 565 Sound Ave.), Pc-
conic, NY; bounded north by
Murdock; west by Sound Vie~,
Ave.; south by .Huntington
Blvd.; east by Hoffman;
County Tax Map Parcel No.
1000-67-2-1.
7:55 p.m. Application of
David Strong, by Richard J.
Cron, Esq., Main Road, Cut-
chogue, NY for a Variance to
the Zoning Ordinance, Article
XIV, Section 100-141(D) for
permission to construct
additions to existing building
pursuant to Appeal No. 825.
Location of Property: 2400
Camp Mineola Road, Matti-
tuck, NY; bounded north by
Strong; west by Wilsberg,
Strong and James Creek; south
by Kreh &ano.; east by Kreh &
ano. County Tax Map Parcel~
No. 1000-122-9-6.1.
8:O5 p.m. Application of Jay
P. & M. Joanne Davis-Slotkin,
Box 05O, Cutchogue, NY for a
Variance to the Zoning Ordin-
e- ~, Article III, Section 100-30
t armission to establish pro-
fessional medical offices o,n, ~EWYORK )
premises zoned "A
Residential and Agricultural at )
5O Ackerly Pond Road (a/k/a c
49725 Main Road), Southold, ' ........ )
NY; bounded north by
Johnson; west by Baker and ealq
ano.; south by Ackerly Pond ........................................................... O! Greenpart, in said County,
Lane; east by Main Road. e is a representative of THE SUFFOLK TIMES, a weekly
County Tax Map Parcel No. published at Greenport, in the Town o! Southold, County
1000-70-54.
8a:rt2i0nNels n. urea lyecomc P' -m;a~plicta~ti°" ?f ;tate of New York, and annexed isa printed copy that has
,-"~yBoulevard~Laurel, NY,for arly published in said newspaper once in each week
a Variance to the Zoning Ordin-
ance, Article IIl, Section 100-31
for permission to construct
additionwith reductionin front-
yardarea at 2835 Groot Peeonie
Bay Boulevard, Laurel, NY;
hounded north by Williams;
west by Wendy Drive; south by
Gr. Peeonic Bay Blvd.; east by
Blvd. andKennedy. CountyTax
MapParcelNo. 1000-128-5-4.
6:25 p.m. Application of
William J. Clark, Esq. for Jo-
seph Yaboni and Myron Haupt-
man, Middle Road, Mattituck,
NY for a Variance to the Zoning
Ordinance, Article III, Sec-
tions 100-30(A) and 100-32B for
approval of insufficient side HELEN K 0E ¥0E
,~ardareasofexistingbuildings RY P!I~LIC State of New York
due to location of new lot lines. ~
Location of Property: Oregon r,~ E×p~res
Road and Elijah's Lane,
.... week(s) successively, commencing the...1....O....~.~ day
~.~. ........... 19....8....1. .................
..............
~fore me this .......... .1....O..~...h.. ....................
~..~...e..~..~....e...~.. ............... 19....8..~. ...............................
Mattituck, NY; bounded north
by North Road and Reliable
Associates; west by Elijah's
Lane; south by Tuthill; east by
Yaboni &ano. County Tax Map
ParcelNo. 100~-100-4-6.
8:4o p.m. Application of
William A. Kreitsek, 9030
Soundview Avenue, Southold,
NY for a Varianceto the Zoning
Ordinance Article III, Section
100-31, Bulk Schedule for ap-
proval of the construction of at-
tached deck and pool with re-
duced rearyard setback at 9030
Soundview Avenue, Southold,
~NY; bounded north and east by
Grattan; south by Mudd; west
by Kreitsek. County Tax Map
ParcelNo. 1000-59-7-27.2.
8:45 p.m. Application of
' Hlcnarn P,. lVllller, Zl~Jb Aldrich
L/~lJe. Laurel. Nk i.r a
Variance to the Zoning
gralnance, Article Ill, Section
100-32 [or permmsmn to
construct wind gen~rato_r
exceemng me maximum
' height requirem&ht~t
bou e nor an west b~
T6~,~, ,,f 3ouiho~a; east by ..
Aldricl, nane{ south by
~oscnettt. County Tax Map
~arcei No. lu,,~ iza-z- La.
BYORDEROF
THE SOUTHOLDTOWN
BOARDOFAPPEALS
1TD10-3823
EN. pursuant to Section 267 of.
the Town Law and the Proyi-
sions of the Amended Code of
the Town of Southold, a
Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the Town
Hall, Main Road, Southold,
N.Y. on Thursday, December
=17, 1981 commencing at 7:15
O'clock p.m. as follows:
7:18 p.m. Application _o!
Frank E. Brophy, 75 Second
Street, New Suffolk~ N.Y. ~o~
Variance to the Zon n~ Ordin-
'~nce, Article IlL Section
'31, Bulk Schedule. for permis-
~on to construct deck addition
'to dwelling with an insufficien(
front ~md side yard setback at
75 .~'cond Street, New Suffolk,
N.Y.; bounded north by Gratfi-
wohl & uno.; west by Martin;
south by Wetzel, Grathwohl
and uno.; east by Second
Street. County Tax Map Parcel
No. 1000-117-I0-20.7.
7:25 p.m. Application by
James p . Latham, Plum
Island Lane, Orient, N.Y. for a
Variance to the Flood Damage
Prevention Law, Chapter 46,
Section 46-19 for permission to
construct cellar slab approxi-
mately eight feet above mean
Ordinance, Article Ill. Section
100-30 for permission to estab-
lish professional medical
· ces o~ premises zoned
Residential nnd Agricultural
50 Ackcrly Pond Road
49725 Main RoadL Southlqd,
N.Y.: bounded Ilorlh by
east b3 ~:!il~ ~.:ad. Conulv
Tax M~p P~ircel No; ~000-70-S-
8:20 p.m. Application of
Mar~in Nelsen, Great Peconic
Bay Boulevard, Laurel, N.Y.,
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to con-
in frontyard area at 2838 Great
'Peconic Bay Boulevard, Laur-
el, N.Y.; bounded north by
Williams; west by Wendy
Drive; south by Gt, Peconie
Bay Blvd.; east by Blvd. and.~
Kennedy. County Tax Map
Parcel No. 1000-128-S-4.
8:28 p,m. Application of
William J. Clark· Esq. for
Joseph Yaboni and Myron
Hauptman, Middle Road,
to the Zoning Ordinance,
Article III, Sections 100-30 (A(
,)~:and 100-32B for
~3 insufficient side yard areas of
STATE OF NEW YORtill
Potricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, ir~ 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 ..... ..~.{:~. ......................
Sworn tO before me this ............. ..~...~... .......... day of
tion of new lot lines. Location
of Property: Oregon Road and
Elijah's Lane· Mattituck,
N.Y.; bounded north by North
Road and Reliable Associa~s;
west by Elijah's Lane; south
by Tuthill; east by Yaboni &
ano. County Tax Map P.arce~/
No. 1000-100-4-6.
8:40 p.m. Application of
William A. Krietsek· 9030
Soundview Avenue, Southold,
N.Y. for a Variance to the
Zoning Ordinance Article III,
Section 100-31. Bulk Schedule
for approval of the construc-
tion of attached deck and pool
with reduced rearyard setback
at 9030 Soundview Avenue,
Southotd, N.Y.; bounded no~h
and east by Grattan; south by
Mudd; west by Kreitsek.
County Tax Map Parcel No.
1000-59-7-27.2.
8:45 p.m. Application of
Richard A. Miller, 2895 Al-
~, N.Y. fora
~ to the Zo-nin
III,
CLEMENT J. THOMPSON
~ ~-~1~.$
struct wind generator exceed-
ing the maximum height re-
,quirements at 2898 Aldrich
Lane, Laurek N.Y.; bound.ed
north and west by Town of
'~5~out~old; east by Aldrich '
L'-~ne: south by Boschetti.
County ~-ax-Map t'arcel No,
1000- iz~-g- 1..~.
December 5, 1981
BY ORDER OF THE
SOUTHOLD TOWN
x4~ BOARD OFAPPEALS
[ Td?/10/81(10)
LEGAL NOTICE
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 Board of Appeals at the Town Hall, Main Road,
Southold, NY on Thursday, December 17, 1981 commencing at 7:15
o'clock p.m. as follows:
7:15 p.m. Application of Frank E. Brophy, 75 Second Street,
New Suffolk, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedule, for permission to construct
deck addition to dwelling with an-insufficient front and side yard
setback at 75 Second Street, New Suffolk, NY; bounded north by
Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and
ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7.
7:25 p..m. Application of James P. Latham, Plum Island Lane,
Orient, NY for a Variance to the Flood Damage Prevention Law,
Chapter 46, Section 46-19 for permission to construct cellar slab
approximately eight feet above mean sea level in this V-5 Coastal
Flood Zone and without structural support and anchorage by pilings
or columns. Location of Property: Private Road (Peter's Neck Pt.),
Orient, NY; bounded north by G. Latham and Gids Bay; west by
Strachan, Private Road~ and Bliss; east and south by Orient Harbor.
County Tax Map Parcel No. 1000-32-1-12.
7:35 p.m. Application of Janet A. Davis, Carrington Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-30A, B for ~ermission to operate an antique shop in
an A-Agricultural & Residential District. Location of Property:
Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded
north by Scharadin; west by S.R. 25; south by Pequash Avenue; east
by Carroza. County Tax Map Parcel No. 1000-102-3-7.
7:50 p.m. Application of Peter S. Terranova, Box 77, Peconic,
NY for a Variance to the Zoning Ordinance, Article III, Sections
100-31 and 100-34 for permission to construct deck addition to
dwelling with reduction of frontyard area and beyond property line.
Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.),
Peconic, NY; bounded north by Murdock; west by Sound View Ave.;
Rage 2 - Legal Notic
Board of Appeals Re¢ Meeting of December 17 !981
south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel
No. 1000-67-2-1.
7:55 p.m. Application of David Strong, by Richard J. Cron,
Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi-
nance, Article XIV, Section 100-141(D) for permission to construct
additions to existing building pursuant to Appeal No. 825.
Location of Property: 2400 Camp Mineola Road, Mattituck, NY;
bounded north by Strong; west by Wilsberg,
south by Kreh & ano.; east by Kreh & ano.
No. 1000-122-9-6.1.
Strong and James Creek;
County Tax Map Parcel
8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin,
Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-30 for permission to establish professional
medical offices on premises zoned "A" Residential and Agricultural
at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY;
bounded north by Johnson; west by Baker and ano.; south by Ackerly
Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4.
8:20 p.m. Application of Martin Nelsen, Great Peconic Bay
Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition
with reduction in frontyard area at 2835 Great Peconic Bay Boule-
vard, Laurel, NY; bounded north by Williams; west by Wendy Drive;
south by Gt. Peconic Bay Blvd.; east by Blvd. and Kennedy. County
Tax Map Parcel No. 1000-128-5-4.
8:25 p.m. Application of William J. Clark, Esq. for
Joseph Yaboni and Myron Hau~tman, Middle Road, Mattituck, NY for
a Variance to the Zoning Ordinance, Article III, Sections 100-30(A)
and 100-32B for approval of insufficient side yard areas of exist-
ing buildings due to location of new lot lines. Location of Property:
Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by
North Road and Reliable Associates; west by Elijah's Lane; south
by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000-
100-4-6.
Page 3
Legal Notice
Board of Appeals Regular Meeting of December
17, 1981
8:40 p.m. Application of William A. Krietsek, 9030 Sound-
view Avenue, Southold, NY for a Variance to the Zoning Ordinance
Article III, Section 100-31, Bulk Schedule for approval of the
construction of attached deck and pool with reduced rearyard set-
back at 9030 Soundview Avenue, Southold, NY; bounded north and
east by Grattan; south by Mudd; west by Kreitsek. County Tax Map
Parcel No. 1000-59-7-27.2.
8:45 p.m. Application of Richard A. Miller, 2895 Aldrich~
Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article /
III, Section 100-32 for permission to construct wind generator~
exceeding the maximum height requirements at 2895 Aldrich Lane, ~
Laurel, NY; bounded north and west by Town of Southold, east by(
Aldrich Lane; south by Boschetti. County Tax Map Parcel No. ~
00-125-2-1.5.
Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish Thursday, December 10,
1981 and forward 10 affidavits of publication to Board of Appeals,
Town Hall, Southold, NY 11971, on or before December 16, 1981.
Legal Notice to the following on or about Monday, Dec. 7, 1981:
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Mr. Brophy
Mr. Latham
Ms. Davis
Rudolph H. Bruer, Esq.
Mr. Peter S. Terranova
Rudolph H. Bruer, Esq.
Mr. David Strong
Frank E.
James P.
Janet A.
for Davis
for Terranova
Richard J. Cron, Esq. for Strong
Abigail A. Wickham, Esq. for Davis-Slotkin
Mr. Martin Nelsen
William J. Clark, Esq. for Yaboni & Hauptman
Mr. William A. Kreitsek
Mr. Richard A. Miller
JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ol' VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
To:
From:
December 1,
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
1981
Transmitted herewith is Zoning Appeal No. 2936 application of Richard A.Miller
for a variance. Also included is notification to adjacent property owners;
Short Environmental Assessment Form; Letter relative to ~.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Department; and survey o£
the property. _~~. _. ~.~~
~Jhdith T. Terry F
JTT/bn Town Clerk
Enclosures
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No .................... . ...........
PLEASE TAKE NOTICE that your application dated .. ~Q.~.~~..~., 19 ~/..
for pe~it to const~ct . . ~.a. ~ .... ~/~ ~..~~ ................. at
Hoo~ ~ ........ Str~t ~mlet
County Tax Map No. 1000 Section .../~ ..... Block .. ~.~ ....... ~t ~.~ :.~ ....
Subdivision ......... ':. ...... Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds. ,~.,'57~.././':~..b'..'~.../.~. J..~.. ~'. · · ·
.~,< .~..,/7.~.~... ,~.. ~. c.~.,,~. ~. ~ ~..,~. z~, c.~. ~. ~'c~--. .............
......... ~V~.F.. ~ .... ~.c..-... ~o~..-...~.Z ........................
· B/tilding Inspector
RV 1/80
;~''~.~NNS'T~UCT]ONS.:' '
· .~ to)' In order to ansv, er %he questions in this short EAF i% is assumed
that the preparer will use currently available information concerning %he
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed 5nvironmentol Assessment Form is necessary.
(c) If all quos%ions have been answered }qo it is likely %hat %his
project
id)
is not significant.
Environmental Assessment
~. Will project result in
10.
'11.
12.
13.
14.
15.
o large physical change
to the project site or physically alter more
%hah 10 acres of' land? ................... ,
Will %here be a major change %0 any unique
-unusual land form found on the sit&?..... .
%'1ill project alter or hove a large'effect:on..
existing body of water? .....................
%'/ill pro3ect have a potentially large impact
on groundwater quality? ................... ...
Will project significontly.e~fec% drainage
flow on adjacent sites? ...................
Will pro3ect affect any threatened or
endangered plant or animal species? ......
Will project result in o major adverse
on air qvality? ........
~'lill project hove a me]or'~ion' 'vzsuol " . '-'
character of the community or scenic views or.
vistas known to:be important to the community?
Will project adversely impact any site or
. structure of historic, prehistoric or
paleontological importance or any site
designated os a cri{icol environmental area
by a local agency? ........... '-=~...=~.=-..~..='~..v
%~ill project hove o major effect on exist%nfl
or future recreational opportunities? .........
Will project result in .major traffic problems
o~ cause o major effect to existing
transportation systems? .......................
Will project .regularly cause objectionable
odors, noise,' glare, vibration, or electrical.
disturbance as o result of %he project's
operotlon? .... ' .... ~ ............................
%?ill pr'eject have any impact on public health
or safety? ...............
directly causing o growth in permanent
population of more than 5 percegt over a one
year period or have o major negative
on the character of the community or
neighborhood? .................................
project? .................................. -'-'
PREPARER'S SIGNATURE
REPRESENTING
Yes V~No '
Ves. t~No
Yes ~q
Yes '/No '
yes'~/No.
o°
Yes/No
Yes No
Yes
Yes.
Yes F/No
Yes'V/No
(Today's Date)
To:
Re:
Southold Town Board of Appeals
:.lain Road
Southo!d, NY 11971
Appeal Application of .~/~/~/~ /~
Location of Property: ~ /~D/~f
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Pa~t 661, and Article' 25 of the New York
State Environmental.Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
£ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature ~please)
TOWN OF SOUTHOLD, NE~ YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~, (~,~./~(.~..~.......~....:../../..6.~. ............... of ....~.~.~..~.~ ....... ..x.~ .......................
Name of Appella,n~ Street and Number
..~ ............................................................................................ ~ ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPL,CAT,ON PERM,T NO ..................................... DATED ...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
~~...~.........~....(./...x.~.= .......................
Name of Applicant for permit
o~ ..~2.~F..~....~:.~ ......... ~. ....... ~..'t.~..:?...z. ..................... /.~: ................
Street and Number Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..:,......,~.....~.../~.....~'..~',....~..,~, ........ ~..~..r,..~..I .........................................
Street Use District on Zoning Map
.... ./.~..o..o...;../...? .............................. ~P..Z.~...5....
Map No. Lot No.
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.)
3. TYPE OF APPEAL Appeal is made herewith for
(,/) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (4~} (has not) been made with respect to this decision
of the Building Inspectar or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
.~/o~'/~,~/77'~-->
~orm ~.~! (Continue on other side)
REASON FOR APPEAL Continued ·
sary HARDSHIP because -~',~'/6 ~/~1~
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
CHARACTER OF THE DISTRICT because
The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
STATE OF NEW YORK )
COUNTY OF ) S~gnoture
Sworn to this ........... ..~.... "'~'"" ...........day of.~ ................... 19
Notary
HENRY S. SAXTEIN
NOTARY PUBLICt Stale of New York
No, 4687817, Suffolk Caunly
Commission ExPires Match 30, 19 ~'~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of the Town of Southold :
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 (Variance) (~) (~) (the following relief: 7~ ~',,viT~ ~c~
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows:
3. That the property which is the subject of such Petition is located in the following zoning district:
4, That by such Petition, the undersigned will request the following relief: ~ c'e< cC-C~o ~cd~/
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are ~t~cle ~ ~:~c:~_ ,/~¥ - .~2-,
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town'of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Petitioner
Po~ Office Address
o.
NAME
Carlo Boschetti
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
?.0. Box 523
Riverhead, N.Y.
11901
William Nedoszytko
719 First Street
Greenport, N.Y. 21944
Mary Tomasczewski 3275 Aldrich Lane
Laurel. N.Y. 11948
LLI i ~i$0~ iqnSN09 ~o o~
CC ,
R~C~pI FO~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Richard A. Miller , residing at 2895 Aldrich Lane~ Laurel, N.Y.
, being duly sworn, deposes and says that on the 15t day
of Tlet~,mher ,19 81 , 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 R~ verhead: N.Y. ; that said Notices were mailed to each of said persons by
(certified) (/L~X~lail.
Sworn to before me this
day of ~, 1_9 81
Notary Public
Richard A. Miller
HENRY $. SAXTEiN
NOTARY PUBLIC, Stat~ of New York
~.omm~ssiofl Exp~i~s March 30,
Southold Town Board of
Appeals
~,~ ~o~ . ~ ~o~o ~ -~o~.~.~..o~i~;,,/~L
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.,CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWICKI
December 2, 1981
Mr. Richard A. Miller
2895 Aldrich Lane
Laurel, NY 11948
Re: Appeal No. 2936
Height Variance for Wind Generator
Dear Mr. Miller:
Yesterday your application for a variance was filed
for a proposed wind generator to be located at 2895 Aldrich
Lane, Laurel.
Later this week the Board will be reviewing the most
recently filed applications for possible set-up for public
hearing to be held December 17, 1981; however, there are
no surveys or building plan with your papers.
Could you please submit three copies of an up-to-date
survey showing existing structures on the property and
showing the proposed location of the windmill, together
with one copy of the proposed building plans to our office?
Thank you for your cooperation.
Yours very truly,
CG:lk
CHARLES GRIGONIS,
CHAIRMAN
JR.
now or forn~erlY
Aqnes catolon°
573
AreO: 4.059 Acres
~0oO
formerly
of
Domioic
REVISIONS
DEC. ~$,
APR. I,
ocr. 5, 1~77
ord A. Miller
~-H£ LOCAT[ON OF W[LL$ AND CESSPOOLS SHOWN ~ER£ON ARE IPGM FCFLD
APPLICANT:
ADDRESS_ TEL
NOTE:
· == MONUMENT
WATER SERF/CE = PR/FArE WELL
NEAREST PUBLIC WATER MAIN -= 4l M/LES
%
j. cotolOn°
YOUNG &
400 OSTRANDER AVENUE.
ALDI~N W. YOUNG
SURVEY FOR:
R/CHARD A . MILLER
AT LAUREL
L4NO
LIC. ~lO) ~Seg3
TOWN or SOUTHOID
SdFFOLK CO. N.Y
__ I = I00' I
\
\
SEE S~b NO r21
MATCH
L'NE
48.6 A
2
36.1A(¢)
Iooo-l.zs'-.z _ i, 5"
73.6A