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Southold Town Board of Appeals
I~AIN ROAD- STAT£ ROAD ~5 SOUTHO/D, L.I.. N.Y. 11g'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3651
Application Dated July
TO:
Mr. Dean Kamen
c/o 1874 Associates
340 Commercial Street
Manchester, NH 03101
1987
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on October 28, ]987,
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 Variancesto the Zoning Ordinance
Article III, Section ]00-32 and Article XI,
Section ]00-]]9.2
[ ] Request for
Application of DEAN KAMEN for Variances to the Zoning Ordinance,
Articles: (a) III, Section 100-32 as to excessive height, (b) XI,
Section 100-119.2 as to insufficient setback from ordinary highwater
mark of Long Island Sound, of a proposed wind-turbine-generating tower
to be constructed landward or near existing granite monolithic
structure. Location of Property: North Dumpling Island, NY; County
Tax Map Parcel No. 1000-130-01-004.
WHEREAS, public hearings were held on September lO, 1987 and
October 8, 1987, at which time the hearing was concluded, in the
Matter of the Application of DEAN KAMEN under Appl. No. 3651; 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. This is an application for Variances from the Provisions
of the Zoning Code for the erection of a proposed wind-turbine-
generating tower: (a) at a total height of not more than 85
feet, inclusive of blades, tower, stantion, etc., at variance
from Article III, Section 100-32 for accessory structures,
and (b) with an insufficient setback as shown by sketched map
prepared by Bernard F. Stone & Assoc., Inc. to be at a distance
of 50 feet, or more, from the mean high tide line at the
westerly section of the Island.
2. The premises in question is known and referred to as
"North Dumpling Island" consisting of an area of approximately
three acres and surrounded by Fishers Island Sound.
(CONTINUED ON PAGE TWO)
DATED: November 5, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3651
Matter of DEAN KAMEN
Decision Rendered October 28,
1987
3. The subject premises is improved with the principal
dwelling, accessory cottage, and boathouse structure, as
more particularly shown by Map dated January 18, 1980,
prepared by Bernard F. Stone & Assoc., Inc.
4. The type of construction to be used for the wind tower
s as submitted with the application (Bergey Excel). The
Board has been assured that the construction and use of this tower
will not cause disturbing noise, vibration, electromagnetic
or other disturbance, and will not cause any dangerous fire
or other hazard, or cause injury to any of the surrounding lands
or their owners and occupants, and will not be dangerous or
prejudicial to health, safety, general welfare, navigation,
etc. The proposed construction may fall within the jurisdiction
of other governmental agencies, and the grant of this Variance
under the Town's zoning regulations does not release the owner
or his agent of such requirements or regulations.
5. Submitted for the record are copies of the
location of the tower proposed by the applicant at the west
end of the Island, and the map depicting the locations
acceptable by the U.S. Coast Guard, Sectors I and II, south
of the "tide pool" area, southeast of the brick dwelling
structure, and south of the Coast Guard light presently
maintained at the top of the brick dwelling structure.
6. Article III, Section 100-32 requires accessory
structures to be located at a height not exceeding 18 feet.
No provisions are currently in the Zoning Code for the
prohibition or allowance of such towers, which require
heights above 18 feet.
7. Article XI, Section 100-119.2 of the Zoning Code
requires all buildings or structures proposed on lots
adjacent to the Sound to be set back not less than
one-hundred (100) feet from the ordinary highwater mark.
8. It is the feeling of this Board that the placement
of the proposed tower at a setback of not less than 70 feet
from the mean highwater mark and at a height of not more
than 85 feet from from mean sea level would not be unfeasible.
9. It is also the feeling of the Board that an
approval to position the tower in the location requested
by applicant and causing possible navigational hazards due
to its interference with the red sector of the Coast-Guard
maintained light (on the top of the brick dwelling) will
not be within the best interests of the town or those
navigating in the surrounding waters.
10. In considering this appeal, the Board finds and
determines:
(a) the relief requested as to excessive height is
substantial in relation to the requirements,
(b) the placement of the tower at a distance of
not closer than 70 feet to the mean highwater mark of the
Sound is not substantial or unreasonable;
(c) the circumstances of the property are unique,
(d) the difficulty cannot be obviated by some
Page 3 Appl. No. 3651
Matter of DEAN KAMEN
Decision Rendered October 28, 1987
method other than a variance;
(e) the grant of the variance will be within the
best interests of justice;
(f) in considering all the above factors, the
circumstances warrant the grant of alternative relief, as
noted below.
Accordingly, on motion by Mr. Doyen, seconded by Mr. Doug-
lass, it was
RESOLVED, TO GRANT the following alternative relief in
the proposed construction of a wind-turbine-generating tower
in the Matter of the Application of DEAN KAMEN under Appl. No.
3651:
1. That the tower be constructed "about center" of
Sector 2 as shown on the sketched map revised September 17,
1987 noted by James R. Maher, Architect for the Applicant,
and more specifically just south of the "tide pool" area on
the southeast portion of the Island~
2. That the tower, inclusive of blades, stanchion,
etc. not exceed a total height at 85 feet above mean sea level;
3. That the tower be
not closer than 70 feet to
the Sound;
constructed with a setback of
the mean highwater mark along
4. That the grant of this variance will expire one
year from the date of the filing of this decision in the
Town Clerk's Office;
5. That there be no disturbance to the beach or areas
within 70 feet of the mean highwater mark during construction
(or otherwise).
Vote of the Board: Ayes:
Douglass, Doyen, and Sawicki.
adopted.
Messrs. Goehringer, Grigonis,
This resolution was duly
lk
GERARD P. GOEHRINGER, CHAIRMAN
i ,ECEIVED AND FILED BY
THE SOUTHOLD TOWN
Town Clerk, 'P ...... '
NOTICE OF HEARINGS
NOTICE IF HEREBY GIVEN, pursuant to Section 267 of ~he
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 ~eeting at the Sou~hold Town Hall, Main Road,
Southold, New York, on THURSDAY, OCTOBER 8, t987 at the
following ~m~s:
) Appl. No. 3651 - DEAN KAMEN. (Recessed fr'om_~
Appl. No. 3592 BENTE SNELLENBURG. (Recessed
7:40 p.m.
from 8/20/87)
7:45 o.m. Appl. No. 3668 GERARD C. KEEGAN. Variance
to the Zoning Ordinance, Article ×I~ Section lO0-119.1~(C) for
appr6val of construction of fence in the easterly frontyard
area at a hei ht of six feet. Location of Property:
of Founders Path and East Side of Hobart Road, Southold, NY;
County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39.
7~50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the
Zoning Ordinance, Article III~ Section 100~31 for approval of
insufficient lot area, width and depth of two proposed parcels
fronting along the westerly side of Cedar Lane, Southold, NY~
County Tax Map Parcel No. 1000-78-7-45.1, containing a total
area of .694 o an acre.
7:55 p.m. Apol. No. 3663- MARIO CASTELLI. Variance to
the Zoning Ordnance, Article III, Section 100-30 for approval
of sign as exi ts Of excessive sine in this "A-40" Residential
and Agricultural Zoning District and advertising "Landscaping
& Sprinklers b~ Forever Green~' Location of Property: South
Side of North Boad (C.R. 48), Peconic, NY; County Tax MaD
Parcel No. 1000-69-4-1.3~
8:10 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Recessed
from 9/10~87). -
8:I5 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN.
(Both hearings recess6d-from 9/10/87)
8:25 o m. Appl. No. 366~'- ANA G. ST~L[O. Variance to rescind
prior decision rendered under Appeal No. 3562 on December ll, 1986
for a conditio-al approval under New York Town Law, Section 280~a,
and deleting Condition No. 2 of prior decision rendered under
Appeal No. 3619~on April 2, 1987, and as an alternative being
subject to New~ York Town Law, Section 280-a over the existing
page 2- Notice of Hearings
Southold Tow~ Board of Appeals
October 8, 1987 Regular Meeting
right-of-way approximately 100 ft. to the east of the subject
right-of-way (approved or to be approved and accepted by the
Planning Board for this set-off division of land), located
along the north side of Main Road, Orient, NY~ County Tax Map
District 1000 Section 14, Block 2, Lot 26 and lot 12.2.
:
8:35 p.m[ Appl. No. 3670 - ROBERT H. FRE¥. Variance to
the Zoning Ordinance, Article ×I, Section 100-119.2 for per-
mission to locate~ open deck construction with an insuffic~6nt
setback from existing bulkhead at Harbor Lights Estates,
Section I, Lot 10, Southold, NY; County Tax Map Parcel No.
1000-79-04-08./
8:45 p.m./ Appl. No. 3669 - ~ICHAEL ~ND [~IZABETH LADEMANN.
Variances to thet Zoning Ordinance, Article I~I, Section 100-31
and Article XI
new dwelling w
front property
from the neare
to as Lot No.
East Side of S
Parcel No. 1DO[
The Board
all persons or
of the above m~
the time allo~Bd.
to the conclusion
tion, please call
Dated: September
, Section 100-119.2 for permission to locate
ith insufficient setbacks from the northerly
line along a private a right-of-way and
;t wetland grasses, premises known and referred
., Map of Blum and Littell~ Tocated along the
~illwater Avenue, Cutchogue, NY$ County Tax Map
-103-1-19.6.
of Appeals will hear at said time and ~lace
representatives desiring to be heard in each
tters. Each hearing will not start before
Written commen~s may be submitted 'prior
of the subject hearing. For more informa-
765-1809.
28, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Notice ~o Newspapers: Please publish once, to wit: October
1987, and forward six affidavits of publication on or before
October 6th to: Board of Appeals, Main Road, Southold, NY
11971. Thank you.
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law anol the Code of the Town of Southold, the following
hearings wi]Il be held by the ~OUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road,
Southold, Ne York, on THURSDAY, SEPTEMBER 10, 1957 at-the
following times:
//~ 7:35 No. 365! DEAN KAMEN. Variances to
P
Appl.
rdinance, Articles:'' (a) I~I, Section 100-32 as
the Zoning ~
to excessive height, (b) XI, Section lO0-119.2
insufficient setback from ordinary hi~hwater mark of L~n9
Island Sound of a proposed wind-~u'Fbine-generating-'tower
to be constr cted landward or near existing granite monolithic
structure, ocation of Property: North Dumpling Isla'nd', NY;
County Tax Parcel No~ 1000~130-01-004.
7:40 p. Appl. No. 3662 ],'~H6~S'A~D'F~A~£~'S~T~.'~''~'''-''~/
Variances to the Zoning Ordinance, Articles: (a) III, Sec-
tion 100-31, Bulk Schedule~ as to an ~nsuffic~ent Sideyard
setback of g~rage, when attached to principal dwelling~
structure wi h raised open-deck construction, (b) XI,-Section
100-119.2 for an insufficient setback f~om existing seawall
landward of wetland area fdr proposed deck addition, (c~--
III, Sec%ion 100-32, for approval of garage as an accessory
structure in the sideyard area as an alternative to attaching
same to dwel.ling structure. Location of Property: 200 Hay-
waters Driv~ 'Cutchogue, NY~ County Tax Map~Parcel No.
1000-t04-05-1 ].
7:45 p.m
to the Zoning
permission t~o
stairs, both
Appl.~ No. 3622 CHRISTIAN B. SALMZNEN. Variance
Ordinance, Article XI, Section 100~i]9.2 for
constr~ct deck addition ~o dwelling an-~ accessory
~ith an insufficient :setback from edge of Marion-'
Lake, or land,ard edge of"'freshwater wetland, whi-chever ~s
closer. Location of Property:~ 240 Lakeview'Terrace, East
Marion, NY; Gounty T-ax Map Parcel No. 1000-31-9-15.
Variance to t~e Zoning Ordinance, Article III, Secti.on 100-32
for permission to locate accessory building in frontyard area.
Location of Property: 470 Haywaters Drive, Cutchogue, NY;
County Tax Nap Parcel No. 1000-104-5-21.
Page 2 - Legal Notice of Hearings
Regular Meeting - September 10, 1987
Southold ToWn Board of Appeals
7:55 p.m.
to the Zonir
Schedule, fc
insufficient
Sebastion Co
Parcel No. !
Appl, No. 3665 - LEHESK BUILDING CORP. Variance
Ordinance, Article III, Section 100-31~ Bulk
approval of construction of open deck with an
rearyard setback at 360 Sebastian!s Cove Road,
Lot No. 5, Mattituck, NY; County Tax Map
]O0~lO0~O3~!~_
not less than
approved under
of Property: 6
Estates Lot No.
O-feet from the front property l~ne Ias
Appl. No. 3412, Oune 302 1987~.-~ Location
75 Meadow Lane, Matt~tuck, NY; Mattituck
42; 1000-t15-5-7. Reconvened from 8/20/87).
8:0§ p.m. Appl. No. 3593 - ~UIET MAN INN (Reconvened
from May 2l, t987)~-Variance to the Zoning: Ordinance, 'Article
VII, Section lO0~71, 'Bulk Schedule, for permission to construct
addition in/ ~his'~'B-l~ General Business Zoning Distr~ct with
an insufficient front~ard setback fro~ the wester'ly pro'perry
line along Hdbart Avenue. Location'S'of Property: ~orner of-
Main Road and Hobart Avenue, Southold~ ~¥; County Tax Map-
Parcel. no. 1000-62-3-~..
8:10 p.m~ ' Appl. No..'3659 ~ O~E~"~.AN'~. Variance to
the Zoning Ordinance,~ ~rticle Xt, Sec~i~n ~O0-112 (and
Article III,~ Section-lO013]~~ ~or approval of insufficient
number of par:lng spaces-of this preexisting business use.
Location of P'operty: Corner of Main Road and Hobart Avenue,
Southold, NY; County Tax Map Parcel No. 1000-62-3-7.
8:20 p.m App]. No. 3628 -'GEORG~'AND"JANE KAYTIS.
Variances to he Zoning Ordinance, Article 1-t~ Section
100-31, Bulk chedu]e, for approval of insufficient area
of two propos d parcels, Lot-~-#1 of-40~O00 s~ ft~ and
Lot #2 of 1.4~3 acres, and .insoff.~cient fro~nt~ge of Lot'#2
along Robinson Road, Southold, N'Y~' County Tax-.Map~-Parcel
No. 1000-81-05-15.4 (or
8:35 p.m. Appl. No. 3654 -'~ILLIAM MOORE, ESQ. and
BENJAMIN HERZWE~G,-~'~SQ. Variance.to the ~on}ng-Ord~:n~nc'e,
Article XI, Se~t}on 100-119.2 for permission to establish
"building envelope'~ with setbacks of not less than 38 feet
from nearest wet~ands along e.xisting two-foot contaur and
Page $ -
Regular
Southold
Legal Notice of Hearings 7
Meeting - September 10, 198
To~n Board of Appeals
8:55 p.
(Reconvened
of access at
The Boa
'each of the ;
before the t'
prior to the
} n formation,
D. Appl. No. 3653 - NORTH ROAD ASSOCIATES.
From August 20, 1987). Variance for approval
Orient.
d of Appeals will hear at said time and olace
r reprcsentatives ~esir~ng to be heard in
bove ~atters. Each hearing will not start
me allotted. Written comments may be submitted
conclusion of the suSject hearing. For more
please call 765-1809.
Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD-P."G-OEHRINGER, CHAIRM'AN
Linda Kowa~s~i, Board Secretary
Notice to Ne~ papers: Pl~a~ p~b~is~'on~e~
1987 and forward one affidavit of publication to:. Board of
Appeals, Main Road. Southold, NY_II971.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD~ N.Y.
NOTICE OF DISAPPROVAL
File No ......
To ."~..-&..°-A'7...'
. ~.4.,?...¢~...
PLEASE T2
for permit to
,KE NOTICE that 3our application dated .... . .,~. ~ l .a ......... 19 .'~ .'7.
House No, ~ ] Street ~,~
County Tax Ma No. 1000 Section . . /. ~,~,d?... . Block .... ~ .) ...... Lo~ . .~ ~ ........
..................................................................
Building [ns?dar
RV 1 [80
TOWN OF $OU~HOLD, NEW YORK
APP~'~I:~,,,~i~IL~ION OF BUILDING INSPECTOR
APPEAL NO. ~.'~G
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOED, N. Y.
Dean Kamen North Dumpling Island
1. (We) ............. ~ .................. .,. ........ ;....~ ............ :..,,,of ...........................................................................
~rne' ~of Appellant . - r ' S~-e:et and Number
Southo%d New York
......................................................................................................................... N£REBY APPEAL TO
Municipality State
THE ZONING BqARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC'FOR~ ON
APPLICATION F(~R PERMIT NO ..................................... DATED ...,,~.,,7,.,.~o.3.:...,?.,8,.7. ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
! .....................
Street and Number Municipality State
PERMIT TO USE
PERMIT FO~ OCCUPANCY
Permit to construct wind turbine
1 LOCATION OF~ THE PROPERTY ...~9.~..h....D~P.Z.$~g...Z..s..Z..a..q.c] ...............................................
Street /Hamlet / Use District on Zoning JV~p
District 1000 Section130 Block01 Lot 04 C rren
.................................................................................. u t O~ner Dean Kame~
Mop No. Lot No. Prior Owner David Leavitt
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.)
· III . 100-32
Article xI Section 100-119.2
3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
¢ ) A VARtANCE to che Zoning Ordinance or Zoning Map
( ) ^ VARIANCB due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
(X) Height excess and construction within 75' of water or wetland
4. PREVIOUS ApPI~AL A previous appeal (has; (has not) been made with respect to this decision
of the Building Inspek:torL or with respect to this property.
Such appeal was ( ) request for ¢ special permit
( ) request for a variance
and was made m Appeal No ................................. Dated ......................................................................
REASON FOR iAPPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
requested ~for }he reason that
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
The power supplied co the residence is extremely unreliable and expensive
because the residence is an island which is at least ten (10) miles from Long
Island and a few miles from Fisher Island, from which all electric power is
metered,
2. The narasn,p created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
It is the only island in this district that I am aware of that has a single
owner and residence.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
No other residence of the district could see, hear or otherwise be affected
by the installation of this wind turSine. The wind turbine woutdserve the public
in that it is a non-poluting source of energy and could be used to help assnre that
the lighthouse could remain illuminated in the event of power 'failures.
NEW IIAMPSHIPfE
STATE OF~fL~L~ )
)
COUNTY OF HILLSBOROUbH
SS
Sworn to this ............... ~.n.~ ......................... day ct. ............. J.U.i.~ ............................ 1987
..............
N~ry Public
OWF, IER ....
FORMER OWNER~ , bev~Jr&
RES '1 q SEAS ~ VL.
_
TOWN OF SOUTHOLD PROPEfi~TY RECORD C~RD ~'~ //-/
z'"/- I , .,: n .~ 7'",': :, .,, /
~ ~: ~ ~ -- -W ~* ~YPE OF BUILDING
LAND
AGE
NEW
FARM
TillQbie
Tillable
Tillable
IMP,
DATE
BUILDING CONDITION
Swampland
Brushlond
House Plot
NORMAL
Totol
Acre
BELOW ABOVE
Velue Per Volue
Acre
:RONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
~3reezeway
P~tio
O.B~
Total
Foundation
Basement
Fire Place
Recreation Roorr
Dormer
Driveway
Interior Finish L- LR
Interior Finish 1
Rooms 2nd FIo~ FIN.
and~ the
made his
~ medical
ore
~hether he
indepen-
an interna-'
ov6r
Kamen hasn'tr ~::*,
whether he','
would prefer
outright
independence
or an
association,
possibly a
'non-aggression
pact,' with
Connecticut.
taken
much larger neighbor Fishers Is-
~and,, is part of the Long Island
*xamcn says. plenty of chutzpah :, to...w~, o. fSou~old and most town
who lives in Bedford, , ......... '._ _ - ' omc~am we~ reluctant to corn-
we mink it woul~l oe easy to ment on the~ secession
defiant when it take over other is/ands in the But Raymond Edwards, the
; he will
pay Sound," 'Kamcnc Lord Dump--- Fishers Island representative on
' the town board, is sympathetic
end with Kamen and shares his frus-
, bearded trafion w~th New York. He says
Kamen has his blessing.
:~ I could honestly say if Ks.
a necticut state ! ~en ~n find away to break his
~sland,.away from Southold, I
would ver~ much like to be on
his eoatta~s" Edwards saM.
~ KameR~hopes to develop
North Dumpling, with its light-
houSe'turned-mansion and re~
into the s~mc .-:
when '
w~th us about the":,
with the"
United States.'
His Cabinet, which is paid in
dumplings, does not seem con-
-cemed about ,the island's ecoa:
no.m.? plight: ~
. ~ 7he only trouble is cashing
our pay; it's n. ot the easiest thing
in the world, Gunther said.
'Ihe isla~d~ along with its
:plorer wfio:
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, SEPTEMBER 10, 1987
Appl. No. 3651
Applicant(s): DEAN KAMEN
Location of Property: North ~pl~%%4Island,
County Tax_Map ID No. 1000-130
Town of Southold
Board Members present were: Chairman Goehringer P. Goehringer,
Members Serge Doyen, Jr., Robert J. Douglass and Joseph H. Sawicki.
Absent was: Member Charles Grigonis, Jr.
The Chairman opened the hearing at 7:37 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey produced January 18,
1980 by Bernard Stone Associates, an architect's rendition o% the
Island and copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Mr. Kamen would you like to be
heard or would you like your architect to present the case? Ok.
DEAN KAMEN(at mike).
CHAIRMAN: We're talking about a wind-generating tower that is
approximately how high above the normal cement structure?
MR. KAMEN: Above the ground it will be about--well above the
of the lighthouse it would be about 20 feet. From the ground
between 60 and 80 feet.
top
CHAIRMAN: Ok. And on top of that is a 22-ft. motor?
MR. KAMEN: It's ll ft.-each blade.
CHAIRMAN: It's 22 ft. in diameter?
MR. KAMEN: Right.
CHAIRMAN: Ok. Is there any particular reason why you chose the
spot you have chosen for the placement of this?
Page 2 ~amen Hearing
Z.B.A. 9/10/87
MR. KAMEN: I guess two reasons. One is it is where the Coast
Guard already had a tower exactly that height some 40 years
before it was taken down, and I think I had sent in some photo-
if not, I can get you a photo of what the old tower looked like.
And the second is I guess the same reason they put it there, it's
the highest part of the Island.
CHAIRMAN: Is there any specific reason why you chose to go 80
feet plus 22 for this?
MR. KAMEN: Because I was told that the units will make the least
noise, the most efficient power if they are in uniform air, and
to be in uniform air you want them to be as high over any obstacle
that you can get. Apparently the only noise you ever get off these
things is a whirring noise if they're flapping. And the only
reason they flap is if one part of the blade in its cycle is in
an wind. So together with that, they make very
little noise.
CHAIRMAN: Ok. I understand that you had contacted the Coast
Guard in Boston. What did they tell you?
MR. KAMEN: Well, we've contacted them a number of times, parti-
cularly--not to be funny about it--but about August 13th the
power went out on the Island, and we called them in somewhat of
an emergency situation and having had quite a few conversations
with them since then because they had to send a boat up from New
Jersey which runs along and finds the undersea cable that comes
from Fishers Island and then another boat that finds ways to
splice it if it's bad, et cetera, and then a practical matter,
for ten days there was no power on the Island. And besides
having no electric power in the house, the house also only
gets water from the desalinization plant which runs on electricity.
So there was no water in the house. We had a generator that
we're running out there to s~lve those problems which also runs
the lighthouse, which we did as a service for the Coast Guard,
and we will continue to run their light in hopes that they will
continue to figure out how to fix my power, and also each time
we talked to them, we told them that if we got our lighthouse
up, that they had no problems with that. That they would be
happy to tie their lighthouse, or their light into our storage
system with the rest of the place. And each time we spoke to
somebody, I would say more than of no concern, they were quite
positive--in fact, they thought it would be a nice idea, that
we had auxiliary power and that would help to keep the light
running. We never did let the light go out. We went through
'P~ge 3 - Kamen He~ ng
Z.B.Z. - 9/10/87
MR. KAMEN (continued):
more than 1200 gal. of propane, because it took them 10 days to
return my electric power.
CHAIRMAN: So they, to your knowledge, in speaking to the Coast
Guard in Boston, they have no objection to the wind tower~ in the
proposed spot that you want to build it?
MR. KAMEN: That's correct. And they had a tower exactly in that
spot for I think, more than 40 years from the mid-1930's, when the
last lighthouse keeper lived in the house moved out and the Coast
Guard got control of the light, they moved it off of the house and
put it on top of the tower that they built there that was 80 feet
tall. It stayed there until Mr. Levitt, the former owner, in the
early 1980's, bought the island and refurbished the house. When he
did, he asked if he could have the lighthouse and the light moved
back onto the original house that he refurbished where it had been
for over 100 years. And they said yes. So he had gotten special
permission from them to take the tower down and move the light to
the house and I guess they really didn't seem to mind that and they
have always felt concerned to me about putting the tower back up.
CHAIRMAN: Now, the light is in this area above the house.
fixed to the house.
It's
MR. KAMEN: The light is now back. It's a number 5 lens as
it was originally in 1844 to 1847 when they built the house and it's
back in the same spot.
CHAIRMAN: And how high above is that now?
MR. KAMEN: I think 55 feet above. The light; I think, sits 55 feet
above mean high tide and this thing will sit about 20 feet above that.
But this thing is quite a distance from it and it's on a tower of two
inch pipe so it's not going to effect it one way or another.
CHAIRMAN: The next problem we have is that we independantly spoke~
to the Coast Guard. Not myself in question. But Mr. Douglass, who
is on the Board and is an avid yachtsman, did speak to the Coast
Guard, in at least in two instances, actually more than two and he
finally illecited a response from them. And of course, it's somewhat
different than what you say but that's nothing different than the
beuracracy as it stands. So maybe he'll tell us what he found. Would
you tell us Bob what you found?
MR. DOUGLASS: What I received from them was that their desire was,
and their opinion is that that can not be in line with any of the
navigable waters between the navigable waters on the light. They
said they had no objection to it being over on the other side by the
rock pile where the rock pile runs down to Fisher's Island Sound there.
But that they do not, and if it was not to their satisfaction, you
would have to remove it. if you put it up. They want it over there so
that when you come from Stonington down, you have a clear view of the
light. When you come down the SOund. towards Noyak and Stonington, you
have a clear view of the light with nothing in between. They feel that
it can create some problems with their light and I have that from two
.'Page 4 - Kamen He~
Z.B.A. - 9/10/87
~g
MR. DOUGLASS (continued):
different departments in the Coast Guard, the ones that command all
that area and also the heads of the Buoy Department. They said that
if you would take it around and go over by the rock pile runs right
on down between Fisher's and Noyack, they could see no problem. But
they do see a problem with it being set up in an area where it could
take and distort the view of a small boat.
MR. KAMEN: I asked my father, who is an artist, to draw the island.
Would you mind if I come up?
MR. DOUGLASS: To come way over to that side somewheres. Way over
here. What they described to me was, they don't want anything in
view this way and the light and this way in the light. You have
your rock pile over here, the reefs that go right down here. So
they have no objection over in here somewheres. They don't want it
where a boat coming by here can be distorted on this light.
CHAIRMAN: Why don't we do this. Why don't we recess the hearing
and let you go back and see where you think it would be an appropri-
ate spot over here and then adjust the height that you made need as
the minimum height.
MR. KAMEN: _I was just going to say. As long as I can add enough
tower to make up the difference in height, I would have, off hand,
I have no problem. But I also think that Lieutenant Brook and the
guys from the Department of Aids and Navigation, I think when they
see what we want to do, they'll have no problem either but obviously,
as you say, they do. We can get a written answer from them one way
or the other.
CHAIRMAN: Well wh~ don't you call them too.
MR. KAMEN: I will.
CHAIRMAN: In the interim and we'll reconvene this hearing on Octo-
ber 8th and then we'll go from there.
MR. KAMEN: I guess I have only one concern with that. I know every-
body probably tells you time is a problem but this is really a genuine
card carrying island. And if I don't get the thing up before the water
gets bad and before, I know there are only two guys with barges that
say they will bring the thing out and after October, they won't bring
it out. I need power in the wintertime. And if I loose my power be-
fore the winter, I'm going to be in big trouble out there.
CHAIRMAN:
ditiously
you could
I understand. Well, we could give you a decision as expe-
after that October 8th meeting as quickly as possibly so that
order what you have to order so that you could get it over.
MR. KAMEN:
ten answer
ever it is
no problem
thing else
If I could prevail upon the Coast Guard to give me a writ-
sooner than that and I will go there tomorrow and find who-
and ask them to effect something to you that says they have
with it here, can we at least make sure we've covered any-
that might be a problem so that we can get going.
· '~age 5 - Kamen He~
Z.B.A. - 9/10/87
CHAIRMAN: Yes. Then you have to tell us height too.
MR. KAMEN: Ok. I would say that if they want it here and that's
the only place they can do it, the only issue to me is that I've
got to buy more tower. And if the guy...
CHAIRMAN: And you have to tell us distance too of what we are. Be-
cause as you know, this played a big havoc on us and the Building In-
spector and that's the reason why we were not in also for just 119-2b
which,~was just for the height variance which was a violation of 100-32
but for 119-2b because it was within...
MR. KAMEN: Of water. Right. But we got a letter from somebody say-
ing they waived the business about being coastal.
CHAIRMAN: That was from the troll.
MR. KAMEN: Is there any other thing?
MR. : That's what I was just going to bring up to Gerry°
Do we have to go back to the Trustees or the D.E.C. now if he puts
it over here because of setbacks?
CHAIRMAN: I don't think he went to the D.EoC.
MR. : That was for here.
CHAIRMAN: Well, he's 25 feet in height up here.
MR. KAMEN: Twenty-five feet from the ocean to the spot, it's higher
than twenty-five feet.
CHAIRMAN: As long as you exceed ten, I think you're alright with
D.E.C.
MR. : Is that ten there? I think it's pretty low.
a question of whether it's ten feet above sea level.
This is
MR. DOUGLASS: Well, it's pretty close to it.
it's fifteen. You've got ten way down here.
objection over here.
The fact, up in here,
They said they had no
MR.
: Then you've got to get the word of the Trustees.
MR. KAMEN: This little house has all our switch gear, electrical
cable, our input. We have to be able to switch from our power to...
You see, whoever put the original undersea cable in here, it runs in,
there's 2,300 volt transformer and all the switch gear and all that
stuff there. And that's where, and see if we come right into there
with the battery, it wasn't just the height. Their tower used to
feed all the stuff in here-as well. I guess...
MR.
: Is the light on the tower then?
MR. KAMEN: It was on the tower.
· 'Page 6
Z.B.A.
- Kamen He~
- 9/10/87
ng
MR. DOUGLASS: After this one was done away with.
MR. KAMEN: In 1844, they put a light here. Then around the turn
of... No. In 1932 when the last caretaker left, the Coast Guard
built a tower and put the light on the tower. I'd be happy to put
the light back on the tower for them if that solves the problem.
MR. :
That might solve the problem°
MR. DOUGLASS: It won't solve the problem.
MR. KAMEN: Why not. It was there originally.
CHAIRMAN: We can't have two lights.
MR.
: I mean if he takes this one and puts it on the tower.
MR. DOUGLASS: This tower would not maintain a light that they would
go by.
MR. KAMEN: It was there from ....
CHAIRMAN: That's what I said. We're jumping the gun here. Between
now and then, if you intend to change the position of this based upon
the requirements, you're going to have to ....
MR. KAMEN: Maybe we can convince them because I don't think they
really have a problem once they know it's an open structure. Because
the guys that actually came out off these boats that came up to try
to fix the problem, we told them each about it and none of them had
a problem.
MR. DOUGLASS: Well, those fellows don,t have any authority anyway.
MR. KAMEN: Can you give us the name of the people you think have a
problem with this so we can call up.
MR. DOUGLASS: Well, you can get any information you need from Chief
Price in New London.
MR. :
I thought you spoke to people in Boston°
MR. DOUGLASS: I did.
MR. KAMEN: We called New York and they closed whatever is the old...
A couple of months ago they closed the whole Coast Guard Station and
everything that's under this area now, moved to Boston and we spoke
to Boston.
MR. DOUGLASS: Anything now, you can't get later than 4 o'clock in
the afternoon~because they&work an eight hour day now and the boss
is Chief Price.
' ~ -'~ge 7 - Kamen He. ng
Z.B.A. - 9/10/87
CHAIRMAN: Now the next problem is
ation, if you intend to change the
to go back to the Trustees.
so that you're aware of the situ-
area of this, you're going to have
MR. KAMEN: Maybe we don't want to do that anyway because my switch
gear is up there.
CHAIRMAN: It's not a problem.
MR. DOUGLASS: Well, you can run from there over to there. You can
go from here over to here with your power line.
CHAIRMAN: Just come back with another drawing.
MR. KAMEN: If we did get more than 75 feet away from mean high tide
and our tower ten feet and not on a sand dune, bluff, et~ cetera, we
don't have to go back to the Trustees.
CHAIRMAN: I would say not. Is that true Vic?
MR. : You're absolutely right°
MR. KAMEN: What about the D.E.C.?
MR. : The D.E.C., if you write them a letter saying that
the present_position that you're interested in is above ten feet.
MR. DOUGLASS: As long as you're above ten foot.
MR. KAMEN: So one option is to move it here, make sure it's above
ten feet and we don't have to worry about being 75 feet from the
water?
MR. DOUGLASS: No. You shouldn't.
MR. KAMEN: But I'm saying that's version two. Version one is if
we get a letter for you guys from the Coast Guard that says they have
no problem with the tower, I just want to make sure that we don't do
them all in series. I'd like to get all the problems settled.
CHAIRMAN: To be honest with you,~that's a good idea though if you
want to take the light and put it above.
MR. KAMEN: I have no problem with that.
CHAIRMAN: Because I think it would make it easier for you also.
MR. KAMEN: It would make it easier for them also.
CHAIRMAN: Ok. Good.
MR. KAMEN: Is it safe then to say; A, if we can get them to fed. ex.
a letter to you that says they have no problem with my tower...
..Page 8 - Kamen Hea '.ng
Z.B.A. - 9/10/87
MR. : What would the height of the light be?
MR. KAMEN: I'll assume that I'll give them their choice.
their letter says. If they say they want it moved, I'll
letter that says we'll move it.
Whatever
send you a
MR. : Welll that will above the blades of the ....
MR. KAMEN: Yes. It all sits on top. There's already been ....
MR. : Would he then have a problem with the height variance
as he's asked for 85?
MR. KAMEN: There's a place already on the generator part of these
things for lights. I guess they put them on there for a reason.
CHAIRMAN: That's where the problem is Mr. Kamen. The problem is
that if we get over here, we may require you to have a light and then
that conflicts with this light and we run into a problem. So there-
fore, it would be much better to keep the light on top of the wind
generating tower in the proposed area that you'd like to have ito ' If
there is a possibility of doing that.
MR. KAMEN: I guess what I want to know is, if we get them out there,
we'll bring them out ~to~ find and who makes this decision, who has
the authority. If we get them to send you a letter that says they
have no problem with us putting that there, whichever way they want
the light, then can I assume that there's nothing?
CHAIRMAN: Then we'll close the hearing.
MR. KAMEN: Then we're all set.
CHAIRMAN: We'll just close the hearing. We have no problems. You
don't have to come back. Just send us a letter with all the informa-
tion. You don't have to come back. Then we'll close the hearing and
we'll make a decision the same night on October 8th if we can.
MR. KAMEN: So closing the hearing means that you make a decision?
MR. DOUGLASS: Make sure when you get stuff from them, I think he
wrote it down. Well, the other guy I can't remember. I've got it
home but I can't remember what it is. Chief Price can tell you any-
way. He's at New London and he's the one that put me in touch with
the other people. Make sure that you tell them what you're discussing
in height as well as everything else in reference to the light.
MR. KAMEN: I'll just tell them I'd like them to sign off an exact
copy of what we're doing and send it to you.
MR. DOUGLASS: You see, I run those waters quite constantly and I
know what the hangup can mean to some of these weekend sailors.
~'P~ge 9 - Kamen He~
Z.B.A. - 9/10/87
CHAIRMAN: Now, before you leave because ~you may not come back and
just submit all the information...
MR. KAMEN: Well, is there any other issue open?
CHAIRMAN: The only other issue is; do you have any idea what this
tower will withstand in reference to wind?
MR. KAMEN: One hundred fifty miles per hour guaranteed mimimal.
CHAIRMAN: So there's no reason for tiebacks.
MR. KAMEN: That's why we went with this kind of tower. This is the
strongest tower he makes and he builds these towers and sells them
to the government to power-remote sonic booms. And he's put them in
known hurricane areas in the Southern Islands and he's had them for
years. He says it will come with a professional engineer's seal on
it.
MR. DOUGLASS: Do you know the one on Block Island? Have you seen
the one on Block Island? I was just wondering if the tower was the
same like that one over there° There's a big one on Block Island
that they want to now take down,because it even breaks crystal.
CHAIRMAN: We thank you for your feelings on this and we hope that
we don't prolong the situation any more than what it has to be and
we hope you have a safe trip back. We don't have too many people
come from Fisher's Island. Sometimes we have to lend this gentleman
here who usually does a relatively great job but we really appreciate
it. I hope we can take care of this as expeditiously as possible, as
you want us to.
MR. KAMEN: I really don't want to be a pain about it. It's just
that without that power we could be in trouble. And if we wait much
after October and I'm not sure what we can do in October° As I said
there's two guys that have agreed to do it. There's one guy that I
haven't been able to contact all summer up there. But they tell me
that once the water goes bad, they will not take it out.
MR. DOUGLASS: Where are they coming out of?
MR. KAMEN: One is coming from Pane's River Marine and one of them
is Mr. Leland and the other one is Sandy something°
MR. DOUGLASS: They've got equipment that can handle anything°
CHAIRMAN: We're going to do the best we can for him.
MR. KAMEN: Thank you.
CHAIRMAN: Thank you and a-safe trip back. Is ther~anybody else
who would like to speak either pro or con concerning this hearing?
Seeing no hands, I will ask for a recess until the next regularly
scheduled meeting°
Ail in favor - AYE°
BO× 553
FISHERS ISLAND, NEW YORK 06390
November 17th, 1987
To: Southold To~.m 3card of Trustees
Southold To~ Board of Appeals
City Hall, i~ain R°a~'97111
~3outhold,
~,lembers of both Boards:
In regard to your several letters of November lcth and Zovember
3th, 19~7, to bit. Dean Kamen, I wish to ooint out the followin~
discrepencies and contradictory instructions Miven by the Southold
~oar~ts t~aving Jurisdictioi~:
2he Southold :~oard of To~.m Trustees, in waiving t]~e need for
wetland permit (a permit ori~inally requested by l.[r. Kamen)
granted tim waiver, "as lon~ as tm reco~=aendations from '0he
~oast 7;uard are adhered to.~
a
T'~e Coast "uard, in its letter to i[r. .~e~ o_.. ~,.tober 2nd, 1987,
inst~xcted h~m to b,si~d his to~..~er ". · · to insure t~.~at tV~e rotor
blades are above t]~e focal plane of t!~e l~gat at all tzmeo .
As ti~e lizht is listed on official na~tical charts at ')~ feet
above sea level, a~d as t!~e rotor blades have a radius of over
11 feet, it would log$cally appear that the en!~i~e nacelle of
l.[r. Kamen's wind turbmne would have to be at least. 10~ feet
above sea level (Italics m. ine).
(3)
(4)
,~s the variance (alternative relief) granted i,lr..Ka~aen by the
Soutaold ooard of Azpeals requzres ffaa~ t~.e tower, inclusive
of blades, stancio~s, etc. not exceed a total height at ;~ feet
above mean sea level," it ~-s ~'~par$'nt that iff Mr. Xmmen follows
the Southold Board of Appeals instr,ctions he will violate the
Coast ~}uards conditions. This is serious enough as it is, but
any flouting of Coast f!uard requirements will also violate the
Sot~thold Trustees' ac~lonition (as stated in their letter to
Xa~en of November ~th, 1987) that they waive the wetla~.d permit
requirement only if the Coast Guard's instructions are adhered to.
Because the inconsistencies and outright contradictions inherent
in an overview of these several variances and waivers cast grave
legal doubt on the validiSy of i[r. Xm~aen's plans (whichever one
he chooses) it is the suggestion of the Fishers Island Conservancy
that both the $outhold Board of Town ~rustees and the Southold
Board of Aopeals review t~e entire matter jointly not only to, a)
straighten out the inconsistencies and contradictions that
obviously do exist here, but also to, b) bring their decisions
and strictures in line witi~ the Coast Guards recommendations
of October 2nd, 1987.
- 2 -
Our .Conservancy feels that navigational safety is one of the
key issues in this whole matter, and that the Coast ~;uard (having
orimary authority and jurisdiction in this area) deserves to have
its recommendations Eiven a little ~aore attention. As the ~onservancy s
chief executive, I would aopreciate being informed of any remedial
act,:on the 2outhold Town Trustees and/or the $outhold [~oard of
~!:pe~ls intends to take.
Sincerely,
John H. Thatcher President.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
N~ICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
360-5513
LEE E. KOPPELMAN
November 17, 1987
Town of Southold
Zoning Board of Appeals
Applicant: Mr. Dean Kamen
Mun. File No.: 3651
S.C.P.D. File No.: SD-87-28
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 Con~nission 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: Subject to the approval of the U.S. Coast Guard.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.I.. NEW YORK 11788
(516) 360-5192
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 -c;OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant to Article XIII of the Suffolk County
Board
the
xx
of Appeals
following
Variance
Variance
Special
Charter,'the
of the Town of Southold, New York, hereby refers
to the Suffolk County Planning Commission:
from the Zoning Code, Article III, Section
100-32 and
Determination of ~o%~
from
Exception, Article , Section
Special Permit
Appeal No.: 3651 Applicant: Mr. Dean Kamen
Location of Affected Land:
County Tax Map Item No.: N~a~
Dumpling
Island,
-130-01-004
Within 500 feet of:
Town or Village Boundary Line
NY
X× Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, Sta.te or
Boundary of Existing or Proposed County, State or
Other Recreation Area
Federally Owned
Federal Park or
or
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,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to exces~x~ h~(ght of
proposed wind-turbine ~enerat~n~ fnw~ ~n~ ;~,,~;~^~ fr~m
................... setback
ordinary highwater mark
La
Copies of Town file and related documents enclosed for your review.
Dated: Nove~O~er 13, 19B7
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
November 6, 1987
Mr. Dean Kamen
C/o 1874 Associates
340 Commercial Street
Manchester, NH 03101
Re: A~pl. No. 3651 - Dean Kamen (Variances)
Dear Mr. Kamen:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board of Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department*for
issuance of any permits or other approvals in writing as may
be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department By Linda
Suffolk County Planning Commission
Mr. John H. Thatcher
(*and any and all other agencies which may
Kowalski
have jurisdiction)
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, OCTOBER 8, 1987
Appl. No. 3651
Applicant(s): DEAN KAMEN
Location of Property: North Dumpling Island
County Tax Map ID No. 1000-/~- / - ~
Board Members present were: Chairman Goehringer P. Goehringer,
Members: Grigonis, Douglass, Doyen and Sawicki.
Absent was: (None) Also present were: Victor Lessard (Building Dept)
Linda Kowalski, Z.B.A. Secretary and approximately persons in the
audience.
The Chairman opened the hearing at 7:35 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: This is a recessed hearing from the last
meeting. We had Dean Kamen. We'll ask his architect if he would
like to add something to the hearing. Sir, how are you tonight?
MR. MAHER: Dean apologizes. He's on the West Coast. He wasn't
able to be here. I know that you've received a letter from the
U.S. Coast Guard District I signed by a particular Captain who's
name escapes me at the moment because I was dealing strictly with
Lieutenant Hagen who is mentioned in that letter. When we received
the letter after numerous discussions with Mro Hagen, we were a
little surprised because we had strongly encouraged the Coast Guard
in Boston, to come down and take a look at the situation. When we
first called their office, they didn't even know where North Dump-
ling Island was because they just recently inherited that particular
district. And once we explained it all to them and gave them a
proper reference in their terms as far as the numbers, so on and
so forth for location, they proceeded to take a look at the situ-
ation. He lost the paperwork a couple of times. That cost me
ten days. And when we received this back, we were a little sur-
prised with what he said. So we called him to ask him why. And
he said; well that's the best we can do from where we sit. And we
had offered to transport him since Mr. Kamen happens to own a helir
copter, at his convenience, down to the Island to inspect it and
take him out in one of our boats at any time of the day or night
to see what the situation would be if the tower were constructed
in that area. And he had not had the time to take us up on that
opportunity. He was contacted by.a Lieutenant John Brooks who's
skipper is Coast Guard Cutter Redwood who tried to explain that he
felt that there was no way that the tower would ever confuse any-
body navigating by the Island or obscure the light. Upon his con-
servation between Lieutenant ~rooks and Lieutenant Hagen, Lieu-
tenant Hagen has agreed to take another look at the situation.
And hopefully, over the weekend, inspect and visit the location.
Page 2 - 0ctober~ 1987
Public Hearing -~an Kamen
SouthOld Town Z.B.A.
MR. MAHER (continued):
I know you've received this letter and that is their, of this
moment, official ruling on the matter. But we're just asking
the Board's indulgence to a point that; if you could possibly
postpone your decision for another .... When do you meet again?
Two weeks or a month? A month. It's getting a little wintry
out there too. We're losing time construction wise. We don't
want to have to start from square one because we've been at this
since July. The whole idea of putting the wind turbine generator
out there is to be far more self sufficient because for any num-
ber of reasons, we can lose power at any time as we have had in
the past. And if the generator runs out of propane like it came
within two hours of doing the last time we lost power, everything
goes out including the lights which is also a concern of ours~and
a concern of the~Coast Guard's I might add. This present location
puts it on the opposite end of the Island which happens to be closer
to South Dumpling Island, closer to Fisher's Island. It is fur-
ther back from mean high tide and it is possibly five feet higher
in elevation although yQur plan wouldn't show that. I have a photo-
graph. It's not too cleaa but some people are fairly familiar with
the Island such as Mr. Doyen. There's an earth mound that was placed
there when Mr. Leavitt did his landscaping that he calls his moon
watch mound with a number of benches on it and that's the most
logicall, to put the tower and the wind turbine generator.
CHAIRMAN GOEHRINGER: So basically, you're looking for another
recess is what you'~e looking for.
MR. MAHER: If you could be so kind, yes. Because if you did..°
It's far more logical to put it where we wanted to in the first
place. The electrical service for the entire island enters the
Coast Guard building which is immediately next to the Grant Land-
scaped Marnelettes and it's .... If you've got a 10KW wind tur-
bine generator, the further away you go before you start distri-
buting the power, the more you're going to lose plus the cost of
doing that in the first place and tearing up all kinds of land-
scaping that's been done over the years. So...
CHAIRMAN GOEHRINGER: Well, I'll.tell you what we'll do. We'll
recess the hearing until the end of the meeting. And then we'll
discuss the possibility of closing it at that particular point
because I don't want to hold up the agenda at this point. I'm .7
not recessing it yet. The~e will b~p!~nty ofii.ti~f~disc~sion
sir. I'll be right with you. And then we'll kick it around at
that point and see if we want to close it at that point and go
with the location the Coast Guard is talking about which would
of course, cost you a square one %ituat~on which you had men-
tioned.
Page 3 - October 1987
Public Hearing - Kamen
Southold Town Z.B.A.
MR. MAHER: If we went with the acceptable location that the
Coast Guard mentioned?
CHAIRMAN GOEHRINGER: Yes, because you would want to come bac~
with another application at that point and that's one thing we
would like to preclude if we possibly could. So, at the closest
outset, I'll make a motion after this gentleman wants to speak
here, recessing the hearing until the end of the meeting and
then we will see. We may just leave it recessed at that par-
ticular point. We'll see what happens. I thank you. Is there
some picture you wanted~'~ to show us? We'll be right with you.
MR. MAHER: It's just a little photograph. I didn't take it.
That clump of green right here, it's basically a pile of gravel
with grass growing all over it and a pack that winds up the sides
with three benches, three wooden benches on the top.
CHAIRMAN GOEHRINGER: Can I put a circle around it?
MR. MAHER: You certainly can. As matter of fact, you can hold
onto that. It is not shown on ~he plan of 1980 because it did
not exist. Therefore, it falls in approximately this location~
and it is built up in the range of (I'd say) 12 to 15 feet which
would put it at an elevation of approximately 27 to 30 feet above
mean high tide.
MR. : Did you explain the possibilities of what could
happen if you closed the hearing?
CHAIRMAN GOEHRINGER: He's familiar with that.
MR. : That's why it would be originally where you applied
for it, if once it's closed, you're stuck with that. But if you
decide to go with it... Well, it all depends what your decision
Was. But that's one possibility of the Board if they make a de-
termination.
CHAIRMAN GOEHRINGER: The only time we can close the meeting is if
we were waiting for a survey or a proximate location of which you
would either call in or wrote in. But in here, we're talking about
an actual relocation change which does not allow the public to re-
act to that. So therefore, we couldn't close the hearing because
it would preclude the public from allowing to speak and send let-
ters either in favor or protesting the situation.
MR. MAHER: So basically, you could not close the hearing tonight
because the location has changed?
CHAIRMAN GOEHRINGER: We can close the hearing. But you're telling
me that you don't want the hearing closed because...
MR. MAHER: It's definitely a Catch-22 situation.
Page 4 - October 8,~87
Public Hearing - De--Kamen
Southold Z.B.A.
CHAIRMAN GOEHRINGER: There's no question about it. ' Just sit
down for a little while and think about it.
MR. MAHER: Think I'll make the 9 o'clock ferry?
CHAIRMAN GOEHRINGER: Yes. Would you kindly state your name for
the record.
MR. CAMPBELL: I much appreciate the opportunity for two minutes
if I may. I came over from Stonington tonight after work so I
couldn't very well stay until the end of the meeting. I represent
the Nasatucket Landtrust which is a conservation organization. I'm
a director of the landtrust. The conservation organization.that
operates in the southern states of southeastern Connecticut as well
as New York State and Rhode Island and we're the owners recently of
South Dumpling Island which is the closest neighbor. And for that
reason, I understood that it was desireable to establish contact
or touch base on this plight. I'm also director of the old light-
house museum which is the historical museum for Stonington. It's
the old lighthouse there and I,m very much concerned with the light-
house preservation. Several conserns have come up and they may very
well be in the process of resolution but I just wanted to register
the particular conserns that we would have and hope they would not
become a confrontational situation. One is, the concern which has
aleady apparently been discussed. That is the effect of this tower
on the function of the lighthouse and we're very much concerned with
safety navigation and the effectiveness of the lighthouse. It's ap-
parent that the light be in that lighthouse functioning. Another
concern is for me, being dedicated for preserving natural areas and
wildlife. If there is any concern about the possibility of birds
flying into these propellers, the large towers and also the question
of environmental concern of noise if some years down the line the
rust sets in and that sort of thing. I think if full insurance could
be given on these points and careful review by the D.E.C. or other
authorities, and/or authorities, that would decidedly helpful. And
finally, the plans that we saw showing the tower, this proposed tower
very close to the lighthouse. This struck us as being visual and im-
parant to the historic integrity of the lighthouse itself. And if
the lighthouse is to be moved, and hopefully this would not be as
much of a consideration. But there is a great interest in lighthouse
preservation at this point. The Lighthouse Preservation Society which
has been very active in the last two years, that's showing much con-
cern with the preservation of integrity of the lighthouses and his-
toric monuments. Gentlemen, I thank you very much for the opportunity
to speak.
CHAIRMAN GOEHRINGER: Thank you. Have a safe trip to New York. Is
there anybody else who would like to speak either for or against
this particular hearing? Is there anything you would like to add
Mr. Maher?
Page 5 - October 8,~87
~ublicl Hearing - De~ Kamen
Sou~hold Town Z.B.A.
MR. MAHER: YeS, I believe I do. I don't happen to have any pub-
lications with me. We are also members of the Lighthouse Society.
I don't happen to have any publications'with me that show the ex-
tensive u~e of wind powered turbine generators throughout the
world. A lot of which are in very isolated areas that could be
considered refuges of allldifferent types. ~.Believe me, the last
thing we're going to do is put (if we get permission to put it up)
it up to let it deteriorate. We would maintain it on a very regu-
lar basis because we would be relying on it and we would not make
the kind of investment necessary to erect it in the first place
just to ignore it and let it deteriorate. I might also like to
add that the light did not go back on top of the main house until
the early 1980's. From the 1930's until that time, it sat on top
of a ~tower in excess of 120 feet high which was approximately right
next to where we proposed to put up a 60 foot tower. And the light
was moved at the expense of the previous property owner, David
Levitt. And Mr. Kamen did not buy this property to let it become
run down and he has maintained it and (believe me) will maint&in
it because he has a sizeable investment out there.
CHAIRMAN GOEHRINGER: Thank you sir and we wish you a safe trip
home also. Hearing no further comments, I make a motion recessing
the hearing until the end of this hearing-or to the next regularly
scheduled meeting.
Ail in favor - AYE.
CHAIRMAN GOEHRINGER: Mr. Maher, can I ask you a question before
you leave. Do you have any idea when you will get this new pro-
posal from the Coast Guard?
MR. MAHER: We'Ve been told by Lieutenant Haqen that he would,
if there is a change in heart on their part,Nit would be by next
Tuesday or Wednesday.
CHAIRMAN GOEHRINGER: Do you have any objection to informing the
concerned adjacent owners so to speak and so on and so forth, as-
suming we consider leaving this hearing open rather than starting...
MR. MAHER: I have no concerns whatsoever and I would be more than
happy to contact anyone.
CHAIRMAN GOEHRINGER: Because it causes a problem. I've had a tremen-
dous amount of calls at night. And of course the file is here and
I'm at home and there are specif~ questions answered and the ques-
tions are then communicated to the Board during the day and so on
and so forth. So this is a concern of the Board's at this particular
time. So as long as you're willing to do that..."
MR. MAHER: I'm agreeable to do that and talk to anyone else for
that matter. I've talked to Linda quite a bit over the last few
months.
CHAIRMAN GOEHRINGER: Ok. We'll see what we can do to better fa-
cilitate the issue.
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
November 4, 1987
TELEPHONE
(516) 765-1892
Mr. Dean Kamen
North Dumpling Island
c/o 1874 Associates
340 Commercial Street
Manchester, New Hampshire
03101
Dear Mr. Kamen:
The following action was taken by the Board of Town Trustees during
their regular meeting held on October 29, 1987 regarding North Dumpling
Island.
RESOLVED that the Southold Town Trustees Waiver the need of a Wetland
Permit as requested by Dean Kamen to construct a tower with a turbine generator
on North Dumpling Island as long as the recommendations from the Coast Guard
are adhered to.
Please return to any other department or agency which may have jurisdiction
in this matter so that all plans are consistant with all parties concerned.
Should you have any questions or concerns, please do not hesitate to
contact this office at the telephone number listed above.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Bldg. Dept.
Board of Appealsv
D.E.C., Stony Brook & Albany
C.A.C.
John Thatcher
file
U.S. Department
of Transportation
United States
Coast Guarcl
Commander
First Coast Guard District
Capt. John Foster WiUiarns Bldg
408 Atlantic Avenue
Boston, MA 02210-2209
Staff Symbol:
Phone: (oan)
(617) 223-8338
Mr. Dean Kamen
c/o 1874 Associates
340 Commercial Street
Manchester, NH 03101
16500
OGT 1 8 1987
Dear Mr. Kamen:
Your request for reconsideration of an appropriate location for the proposed
wind turbine generator on North Dumpling Island has been reviewed.
I still feel that a location within my preferred sectors, as identified on the
enclosure to my letter of October 2, 1987, should be chosen for the location
of your wind generator. In either of these two sectors, any obstruction
should have relatively no effect upon navigation. Allowing the structure
within the white sector of the light, your preferred location, will certainly
have more of an effect upon navigation since this is the sector intended for
navigation.
Since I consider the area that I have identified as the preferred location for
your wind generator, I feel that you should relocate your helicopter landing
pad, or land in a different location when the wind is such that you cannot
land on the pad with the generator within one of the preferred sectors. If
this is feasible, please inform me and I will consider the matter closed. If
not, and you still wish to place the wind generator within the white sector of
the light, I feel that public comment is necessary.
To facilitate public involvement, I feel that the wind generator structure
itself, or a scale replica, should be physically placed at your preferred
location for an appropriate period of time that will at least cover part of
the normal boating season. During this period I will invite public comment to
determine the extent of the obstruction that is created. If, in my opinion,
the obstruction is unacceptable, I will in turn require you to remove the
structure or replica and deny subsequent construction. If, however, I feel
that the obstruction is acceptable, you will be permitted to maintain/
construct the wind generator permanently, pending any necessary local
approvals.
S./~L/~
Captain, United States Coast Guard
Chief, Aids to Navigation Branch
By direction of the Commander,
First Coast Guard District
North Dumpling Island
October 6, 1987
Commander (OAN)
1st Coast Guard District
408 Atlantic Avenue
Boston, MA 02210
Attn: LTJG Michael Haydin
Re: North Northing Dumpling Island
Dear Lt. Haydin,
Thank you very much for your patience and consideration
with respect to the matter of the wind turbine generator
on North Dumpling Island. I appreciate your sending the
map indicating the two sections where you have
determined the windmill would be no problem to the Coast
Guard.
Unfortunately, that is the same area where I land my
helicopter and thus it is less than an ideal location
from my perspective. I am not a boater, and particularly
during the winter my only access to the Island is by
helicopter. That makes the situation even more of a
concern to me.
In that regard, I anxiously await your reconsideration
of the impact of putting the tower where it was
originally proposed, on the northwest corner of the
Island. I would be happy to fly you, or anyone else
appropriate to the Island if it would assist in making
your determination.
Once again, thank you very much for your timely
consideration.
R,~/,pectfully,
c/o 1874 Associates
340 Commercial Street
Manchester, New Hampshire 03101
(603) 669-9000
P.O. Box 292
Noank, Connecticut 06340
(2O3) 572-9438
(617) 223-8338
16500
Mr. Dean Kamem
North Dumpling Island
c/o 1874 Associates
340 Commercial Street
Manchester, New Hampshire 03101
Dear Mr. Kamen:
As stated in a discussion with ~. Maher of your staff, the Coast Guard
objects to the construction of a wind power generator in the proposed location
on North Dumpling Island. Construction to the northwest of North Dumpling
Light introduces a possibility that the legs or blades of the tower will
momentarily obscure the signal seen by passing boaters. A misinterpretation
of this signal could lead to a marine accident.
We would not object to construction of the wind generator within either of the
two sectors laid out in the enclosure hereto, both to the southeast of the
light, provided that the additional provisions noted below are met. Since the
majority of vessels navigating Fishers Island Sound pass to the north of this
light, it is more desirable to locate any possible obstruction soathward of
the light. In the sectors indicated, any small obstruction would have minimal
effect upon the advertised signal due to the fact that it would be well within
the red (danger) sector of the light. The edges of a sectored light are most
critical to a mariner.
The arc between the two labeled acceptabie for the location of the tower must
also stay clear because of the pass between South Dumpling and Flat Hammock
IsIands. This pass is not marked with other aids to navigation but it could
be used by vessels to transit between Fishers Island Sound and West Harbor on
Fishers Island.
I recognize that construction within the areas that I have identified will
require that a somewhat taller tower be utilized to maintain the desired
height of the wind generater to ensure that the rotor blades are above the
focal plane of the light at all times. Based upon previous conversation% I
understand that you will have no problem with this requirement.
I request that all surfaces of the wind generator and tower be cbvered with a
non-reflective paint that will eliminate the possibility of a red flash-back
into the white sector of the light.
This statement of non-objection covers only Coast Guard concerns and is not to
be construed as authorization to begin construction. Any other permits or
waivers that may be required by local, state or federal agencies (i.e., State
Department of Environmental Conservation, Federal Aviation Administration) are
16500
OCT 0 ?
your responsibility. I request that you inform this office of the location
that you choose to construct the wind generator to complete my file.
Thank you for the opportunity to review this proposal. Should you have any
questions concerning our requirements, please feel free to contact me or LTJG
HAYDIN.
Encl:
Copy:
Sincerely,
Captain, United States Coast Guard
Chief, Aids to Navigation Branch
By direction of the Commander,
First Coast Guard District
(1) Plot Plan modified with acceptable sectors for the location of the
wind power generator
Gerrard P. Goehringer, Director - Southold Town Board of Appeals
John H. Thatcher Jr., President - Fishers Island Conservancy, Inc.
Commander, Coast Guard Group Long Island Sound
Commanding Officer, USCGC REDWOOD (WLM 685)
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
'IELEPHONE (5161 765 1809
September 29, 1987
Mr. James R. Maher
Mr. Dean Kamen
c/o 1874 Associates
340 Commercial Street
Manchester, NY 03101
Re: Appl. No. 3651
Gentlemen:
Dean Kamen
Transmitted herewith for your record is a copy of
the Legal Notice depicting the time of your hearing to
be reconvened on October 8, 1987.
At this point in time, we have not received written
communications from the U.S. Coast Guard as anticipated.
We ask that this communications be forwarded to our
office prior to the hearing date, if possible.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Memorandum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
To: Mr. John Thatcher
From: Linda, ZBA Secretary
Date:9/16/87
Pursuant to your inquiries Monday and
Tuesday, I would like to let you know
that our office was informed today that
Lieutenant Hayden of the First District,
Coast Guard, at Boston, is presently
reviewing the'application of Mr. Kamen.
Tel. #617-223-8338.
At this point in time, we have not
received written input from the Coast
Guard.
Please feel to call at any time.
~4[LGaAM SERVICE CE~R
MZDDLETUWNa VA, 22e~S'~
1-023898A~5# 09/11/87 [CS ZPMCXZA MTN JFKA
00755 MGMB-TDMT STON[NGTON CT Og-[O 093eP EST
jERRY GUEM[NGER~ CHAIRMAN
BOARD OF ZONZNG APPEALS
TOWN HALL MA[N RD
SOUTHHOLD NY [1g71
·
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·
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[DUPLICATE AND CORRECTED COPY OF TELEGRAM SENT ON 09~09 LEDGER
THE MASHANTUCKET LAND TRUST A~ ONNER OF SOUTH DUMPLZNG [8~AND~
EDUCATZUNAL NATURE RESERVE AND NEAREST NEIGHBOR TO NORTH DUMPL~NG~
GRAVELY CONCERNED WZTM PROPOSED EREC?~ON OF TAgL flZND TURBINE
ADjAGENT TO NOETH OUMPLING LIGHTHOUSE. ALSO OLD ~ZGMTHOUSE
HUSEUM XN STONXNGTON, CONCERNED ~XTN LXGMTMOUSE PERSEVERAT~ON~
REGARDS SUCH CONSTRUCTZON AS SER%OUS VZOL&T~ON OF VZSUAL AND
HISTORZCAL [NTEGR[TY OF IMPORTANT LANDMARKe YOU ARE STRONGLY
URGED TO ~OSTPONE ACTION PENDZNG THOROUGH REVZEN BY COASTGUARD
AND ALL APPROR[ATE ENVIRONMENTAL AND MZSTORZCAL AGENCZE~e
GEORGE CA~PBELL~ OZRECTOR
MASHANTOCKET LAND TRUST~ DZRECTOR OLD
LIGHTHOUSE MUSEUM
EST
MGMCOMP
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· TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS ·
MASHA
Cove aoAo RD t Box tTs
)' OEO~GE CAMPBELL; OI~::TOR
STONINGTON CT O&~T80a~
·
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~=0Zt0TSSa5~ 0q/0q/8~ ~C8 ZP.MTZZ CSP JFK~
Ot36P EST
·
JERRY GOEHZNGER CHAZRHAN BOARD OF
ARREAL8
TONN HALL HAZN RD
80UTHHOLD NY
ZONING
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THE MASHANTUCKET LAND ~RUST A80NNER OF SOUTH DUNPL~NG ~SLAND,
EDUCATZONAL NATURE RESFaVE AND NEAREST NEIGHBOR TO NORTH DUMpLiNG;
GRAVELY CONCERNED ~TN,PROPOSED ERECTZON OF TALL W~NO TiIRR~NF
ADJACENT TO NORTH DUMmL~NG WH~TEHOUSE.
ALSO OLD NHZTEHOUSE HUSEUH ~ 8TON~flGTON; CONCERNED N~TH ~H~TEHOUSE
PERSEVERAT[ON~ REGARDS.SUCH CONSTRUCTION AS SERZOU~ VZOLAT[ON OF
V[SUAL AND H~TOR~CAL ~NTEOR~TY OF ~NPDRTANT LANDHARK,
YOU A~E STRONGLY URGED TO POSTPONE ACTION PFND~NG THOUROUGH REV~EN BY
COAST§UARD AND ALL APPRoR[ATE ENV~RONHENTAL AND H~STOR~CAL AGEN:~ESe
GEORGE CAHRBELL~ DZRFOTOR HA~NANTUOKET LAND TRUST~ O~RE~TOR OLD
NHZTEHOUSE HUsEuN
MGMCOMP
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TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS
Town of Sou~hold
~oard of Zoning
To~ Hall
Main Rd.
Southold,
N.Y. 11971
The Henry L. Ferguson Museum
Fishers Island, New York 06390
Seotember 9, '87
Dear Sirs:
I live on the North Hill Sectlon of Fishers
Island, N.Y. snd am the nearest resident to
North Dumpllng Light ~!ouse.
I am wrltin~ t~is letter to present my ob-
jections to the erection of a wind mill ~enera~or
on North Dumpling.
A postpomement of the Hearing is reouested
since I only recently heard about this construction
on North Dumpling.
I further request that an EKVIRO~M[N'i~L IMP~T
SfUDY be made to determine the logic an~ necessity
of such a ~emerator.
The neighborin~ Island, South Dumpling, is a
nature preserve under the contrel of a Conn. Rature
Land Trust ~rouo. It is ver~ close to Nort~ Dumplin~
both to the nesting bird population of the Islands
but the wimdmill might be ~ oroblem to Trumbull
airport ~n Groton, Conn.
Enough has been dens to North Dum~limg Island
a~ready ( miniature STC~E~NGE, i.e.) P~ease let it
remain in or as close as possible to its natmral
condltIon
I write thls as a ne?hbor and as the _reslden~
cf the HENleY L. FERGU~ON on Fishers Island, N.Y.
Thank ~ou for your attention to t~is import-
ant matter. ~~
Sincerely,
ISLAND CONSERVANCYL INC.
FISHERS ISLAND, NEW YORK 06390
September 5, 1987
Southold Tovm Board of Zo~in~ Appeals
Town Hall, lqain Road
Southold, N.Y. 11971
To the Board:
In regard to the proposal by Mr. Dean Kamen to request a
variance to the tov~ code so he can build a propellor-driven
wind turbine ~achine for power generation on North Dumpling
Island in Fishers Island Sound, our conservancy has the
following observations:
(2)
The primary concern of our conservancy in this matter is
navigational. Mr. Kamen's proposed tower is being built
within ~0 feet or so of a working U.S. Coast Guard maintained
navigational light-beacon perched on top of Mr. Xamen's own
residence. Inasmuch as I~r. Xazaen's proposed wind-turbine tower
is at least as high above sea-level (97 feet from tip of top
propellor blade to sea level) as is the light beacon (94 feet),
it is obvious that such a new construction could easily block
or distort the proper view of the light-beacon red or white
sectors - especially after dark. This would without much
doubt create a navigational hazard, as anz distortion or
blockage of the light-beacon after dark would be extremely
dangerous in the reef-studded waters of Fishers Island Sound.
Our strong suggestion is that the U.S. Coast Guard be
officially informed of Mr. Xamen's plans and their reaction
sou~Jat in writin~ before proceedin? further.
Of lesser, but still significant moment to the conservancy are
possible enviror~mental effects of the wind-turbine machine
after construction is completed. Though fairly quiet on
installation, giant wind-fans of this nature tend to become
noisy when the nearly inevitable rust and corrosion settle ~n
on the propellor shaft or torque vibrations shake the r~etal
struts of the tower. Salt air can acselerate this process
considerably, and it should be noted that there is a privately-
owned bird nesting area on South Dumpling Island less than
450 yards away. There is also the very real possibility of
birds flyinM into the propellor blades of the fan while it is
in motion - a by no means small risk since the circle formed
by the whirling blades is 22 feet in diameter.
(3)
The conservancy's final recommendation is that Mr. ~amen
check with the New York State Departr~ent of ~viro~aental
Conservation (DEC) before his plans proceed further. The
DEC's regulations (Section 661.5, reg. 50) state that:
(3)
con~t.
"Construction of accessory structures or facilities
for existing residential structures where such
accessory structures or facilities a~e or will
continue to be located 75 feet or more . . . from
the most landward edge of any tidal wetland".
These regulations note that no permit is necessary in
such cases, but it should also be noted that such cases
are to be 75 feet or more from the most landward edge
of any tidal wetland. As Mr. Kamen's proposed constrUction
is not 75 feet or more from the edge of such wetland
(c..~the town building inspector's report), it must be
presumed that the DEC would at the very least like to
review Mr. Kamen,s plans. We think they should be given
such an opportunity before the Zoning Board of Appeals
makes a final decision on Mr. Ks~nen's request for a
variance.
In conclusion, while our conservancy board does not at this
time oppose Mr. Kamen's plans per se, we do feel strongly
that no variance be granted until the U.S. Coast Guard is
a) informed in detail of Mr. Kanen~s plans, and b) has given
its considered approval in w~iting. Without question, the
N.Y. State DEC should also be informed (Coastal Management
Division) and their opinion sought.
For the Board of Directors,
Thatcher J~/- President.
BOX 553
FISHERS ISLAND, NEW YORK 06390
August 28, 1987
Ms/ Linda Kowalski - Secretary
Zoning Board of Appeals - Town of Southold
To~'n ~.all, ~dain Road,
Southold, N.Y. 11 971
Dear Linda:
It was a oleasure soeakinM with you this morning. As per
our phone conversation, I am enclosing my check to your order in
the sum.~f .$$.00 for which amount plase send me (at ray New Jersey
fall-winter address) the available file on ~. ;~ame~plans for a
North Dv~upling Island windmill. As the hearing is set for Sept.
lOth, I trust this can be done as soon as possible.
many taan~s for your co-ooeration ~d helo, t rez~ain
Sincerely,
John H. Thatcher J~,/- President
T~ ~T·
~all-.,~mnter address:
encl:
P.O. Box ? 132
Green Village, N.J. 07935
".:i,..,;,::/ North Dumpling Island
August 19, 1987
Ms. Linda Kowalski
Clerk of Southold Town Board of Appeals
Main Road - State Road 25
Southold, Long Island, New York 11971
Dear Ms. Kowalski,
Pursuant to your request of August 11, 1987, we
commissioned an artist to develop two sketches that
will hopefully provide the information that the Board
requires.
Enclosed please find 4 copies of each sketch.
Once again, I reiterate that to the best of our
knowledge there are no wetland grasses on, or around
North Dumpling Island.
Upon receipt of this package, please contact me at (603)
669-9000 to let me know if this information satisfies
t~ Board's needs.
ames R. 'Mahe~ v ~
c/o 1874 Associates
340 Commercial Street
Manchester, New Hampshire 03101
(603) 669.9000
P.O. Box 292
Noank, Connecticut 06340
(203) 572.9438
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 1, 1987
TELEPHONE
(516) 765-1892
Mr. James R. Maher
c/o 1874 Associates
340 Commercial Street
Manchester, New Hampshire 03101
Re: Dean Kamen owner of North Dumpling Island
Dear Mr. Maher:
The following action was taken by the Board of Town Trustees during
their regular meeting held on August 27, I987 regarding the above matter.
RESOLVED that the Southold Town Trustees Waiver the need of a Wetland
Permit as requested to construct a tower with a turbine generator on an
existing granite landscape in accordance with the plan submitted on August
24, 1987 on property located on Nor th Dumpling Island with the provision
that the Trustee office receive written confirmation that this matter was
referred to the Coast Guard for review.
Should you have any questions or concerns, please do not hesitate to
contact this office at the telephone number listed above.
Please be advised that there is a $25.00 fee for this waiver granted.
HPS:ip
Ce:
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appeals~/
File
HENRY P. SMITH, P~esident
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 24, 1987
TELEPHONE
(516) 765-1892
Mr. James R. Maher
c/o 1874 Associates
340 Commercial
Manchester, New Hampshire
03101
Re: North Dumpling Island, Fishers Island
Dear Mr. Maher:
This office is in receipt of a report from Bay Constable Donald Dzenkowski
regarding property on North Dumpling Island, Fishers Island.
Please find enclosed for your convenience, a wetland application for said
project. Should you wish to request a waiver of the Wetland Ordinance submit
the application along with a letter requesting the waiver.
Should you have any questions or concerns, please do not hesitate to
contact this office at 516- 765-1892. Please note that the next regular meeting
of the Board of Trustees will be held on August 27, 1987.
Very truly yours,
Ilene Pfifferling, Clerk
Board of Town Trustees
for: Henry P. Smith, Pres.
Attachment s
cc: Bldg. Dept.
Board of Appealsb//
file
FIELD REPORT -- POLICE D~PT TOWHOF SOUTHOLO I,,l ¥
J___~?~ _ I~-~,-~ I ~'. z',o'2t~''
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 180g
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
August 14, 1987
Mr. John Clavin
Bay Constable
Fishers Island,
NY 06390
Re:
Appeal No. 3651 - Dean Kamen
North Dumpling Island
Project Proposed: Wind Tower
Dear Mr. Clavin:
We have an application pending for a variance for
the construction of an 80-ft. high wind tower which
we understand is to be placed within the tO-ft, monolith
existing at the northwest section of North Dumpling
Island.
The map under review shows the mean high tide line
at "0" elevation, and the placement of the proposed
tower at an elevation above_the 26 ft. contour.
We request an inspection and determination as
to whether the monolith and proposed tower are within
75 feet of the nearest wetlands (which may require
further action from our office as well as the Town
Trustees).
Thank you for your as§istance in this matter.
Please feel free to contact our office if additional
information is needed.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures By Linda Kowalski
If it is necessary for you to reach a contact person for
the owner, we have been furnished with the caretaker's
name, Kevin Hogan, '°~J).3.-572-9438 (or the architect, Jim
Maher at 603-669-9000)~Thank you.
Southold ,Town Board o£ Appeals
MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11g'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR,
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
August 5, 1987
Mr. Dean Kamen
340 Commercial Street
Manchester, NH 03101
Re: Appl. No. 3651 (Variances)
Dear Mr. Kamen:
North Dumpling Island
This letter will acknowledge receipt of your variance
application.
The Board Members will be arranging a field inspection
during August (by boat on a Sunday). Please give us the
name and telephone number of a contact person to show the
area in question for variances.
Following inspections, the Board will schedule your
application for a public hearing, which is expected on
September 10th.
In the interim, please furnish the exact setback
distances of the proposed tower from the nearest wetland
grass or area for the file.
If you have any questions, please feel free to call
our office.
Yours very truly,
GERARD P. GOEHRINGER
cc: Board Members
M/S 0
~-3PH 0
belo~
Fargo,
Norman
2
5
3.5 m
4 6
1S 20 25 30 35
WIND SPEED
M/S 4.0 45 50 S.S 6,0 65 7.0 7.5 8.0
BWC EXCEL SPECIFICATIONS
PERFOR&4ANCE
START-UP WIND SPEED 3 4 m/s (7 5 mph)
CUT-IN WIND SPEED 31 m/s (7.0 mph)
RATED WIND SPEED 12 1 m/s (270 mphl
CUT-OUT WIND SPEED none
FURLING WIND SPEED 15.7 m/s (35 O mphl
~,4AXIMUM DESIGN WIND SPEED ................ 54 m/s (120 mph}
RATED POWER lO kw
ROTOR SPEED 60-350 RPM
MECHANICAL
TYPE 3 Blade Upwind
ROTOR DIAMETER 7.0 m {230 ft)
WEIGHT 463 KG (1020 lbs)
BLADE PITCH CONTROL POWERFLEX~
OVERSPEED PROTECTION AUTOFURL"
GEARBOX/BELTS none
TEMPERATURE RANGE 40 to 6~°C (-40 to 140°F)
ELECTRICAL
Ima_ _ine the sheer pleasure of wa(ching
your electric meter run backward.
The Bergey EXCEL can help you
beat the high cost of electricity. The
most advanced windpower generator
on the market today, it feeds power
directly into your household circuits.
No need for batteries or back-up
storage. Just a smooth flow of power
to cut your soaring electric bills.
Sized to generate the electrical
needs for a typical U.S. home, the
EXCEL:
* Pays for itself in 4 to 7 years.
* Reguires no scheduled
maintenance.
* Is designed to withstand 120
mph winds.
* Carries a three-year warranty.
* Is available for either uti[ity
interconnect or for battery
charging at remote sites.
How does it work?
The Bergey EXCEL is a remarkably
simple machine. The blades and
rotating part of the generator are
designed as a single integrated unit.
No gearbox, no shafts. The only
moving parts are the parts you see
moving.
The patented POWERFLEX® rotor
system provides high performance
throughout the operating range,
again with no moving parts. The
fiberglass blades are strong and
tough to withstand extreme weather
conditions.
The AUTOFURL" tail points the
rotor into the wind for maximum
output. Because the rotor is upwind,
there is no tower interference to
cause power losses or vibration.
When the wind gusts to more
than 35 mph, the AUTOFURL"
system turns the rotor out of the
wind, but the EXCEL continues to
generate electricity! As the high
winds pass, the rotor automatically
turns back into the wind. This self-
protective feature means that the
EXCEL is designed to withstand winds
of up to 120 mph.
And it's all done with gravity and
the force of the wind . . . no brakes
or other mechanical devices.
Simple design is the key to EXCEL
reliability, efficiency and
performance.
How does it hook up?
Basically in the same way as the
power company.
The output from the EXCEL
alternator is wired through the
POWERSYNC~ inverter directly into
your circuit breaker box. It is
perfectly synchronized with the
utility's power.
Since you have your own supply
of power from the EXCEL, you don't
need to buy as much from the utility.
But, when the wind isn't strong
enough, the utility supplies any extra
power you may need.
When the EXCEL is generating
more power than you're using, the
electric meter runs backward.*
Every kilowatt generated by the
EXCEL is either used by you or fed
back to the utility company for credit.
*In some states, dual meters may be
required.
What about installation?
The tower is important. The
higher the tower and the more
consistent the wind, the better the
output. We recommend that the
EXCEL tower be at least 80 feet tall.
Several tower types are available,
some with guy wires and some
without.
Our top of the line is the
exclusive Bergey Tilt-Up Tower. Ask
your Bergey dealer about it.
What about maintenance?
The EXCEL is unique. Since the
only major moving parts are two
sealed bearings, there is no need for
regular oil changes or gear box
replacement. No worries about
generator commutator or brushes.
No brake linings to replace and no
pitch-change mechanisms to grease.
In short, there is no scheduled
maintenance.
Tax credits:
the added incentive.
As part of a national program to
encourage the use of alternate
energy, state and federal
governments now offer substantial
tax credits to windpower purchasers.
For homeowners, the federal tax
credit is 40% of the first $10,000.
Many states offer additional tax
credits.
For businessmen, investment tax
credits and accelerated depreciation
make the EXCEL an outstanding
in~ eslment.
Bul. mo~e m~portant]y, your utility
savings will be ~ignificant. The more
utility costs rise, the more you save
and the faster the EXCEL pays for
itself.., usually in 4 to 7 years.
Who makes it?
Bergey Windpower and the
EXCEL grew out of Wind Energy
Research at the University of
Oklahoma dating back to 1971.
Undel the direction of Bergey
Windpower Company President Karl
Bergey, aircraft designer and
Professor of Aerospace Er]gJneering
at OU, BWC engineers have devoted
more than 50 man-years to the
design and testing of advanced
windpower generators.
The result is a family of advanced
windpower generators designed and
built to aircraft standards.
Contact your Bergey dealer, or
Bergey windpower Company direct,
to learn more about the BWC EXCEL.
And how to make money with
wind.
Whet] the EXCEL enerales more power than
backward As utili[y costs rise, the more you
~ave arid the faster the EXCEL pays for itself
Southold Town Board of Appeals
MAIN RrIAD- STATE RnAD 25 '5nlJTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
~pt. 10, 1987
GERARD P. GOERRINGER, CHAIRMAN
CHARLES GRIGONI$, .IR. S . E . Q . R . A .
SERGE DOYEN, JR.
ROBERT.I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3651
PROJECT NAME: DEAN KAMEN
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 [X] Unlisted [ ]
DESCRIPTION OF ACTION: Variances: (a) as to excessive height of
proposed wind-turbine generating tower, (b) as to insufficient setback
from ordinary highwater mark
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Dumpling Island, NY
1000-130-1-4
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of t0 f~. elevation contour;
no disturbance of land seaward of the 10 ft. contour will occur.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals, Town Hall, Southold~ NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on th9 [own Clerk Bulletin Board.
(3) Information'has been submitted'by applicant or his agent in-
dicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
-egal Notices
NOTICE OF HEARING
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Low and the Code of
the Town of Southold, the follow-
lng 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, OC-
TOBER 8, 1987 at the following
times:
7:35 p.m. AppL NO. 3651 -7
DEAN RAMEN. (Recessed~
from 9/10/87l. ~)
7:40 p.m. Appl. No. 3592 -
BENTE SNELLENBURG.
(Recessed from 8/20/87).
7:45 p.m. Appl. No. 3668 -
GERARD C. KEEGAN. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119A(C)
for approval of construction of
fence in the easterly frontyard
area at a height of six feet. Loca-
tion of Property: West Side of
Founders Path and East Side of
Hobart Road, Southold, NY;
County Tax Map Parcel No.
1000-64-4-10; Founders Estates
Lot 39.
7:50 p.m. Appl. No. 3657 -
CLYDE FRITZ. Variance to
the Zoning Ordinance, Article
III, Section 100-31 for approval
of insufficient lot area, width
and depth of two proposed par-
cels fronting along the westerly
side of Cedar Lane, Southold,
NY; County Tax Map Parcel No,
1000-78-7-45.1, containing a
total area of .694 of an acre.
7:55 p.m. Appl. No. 3663 -
MARLO CASTELLI. Variance
to the Zoning Ordinance, Article
III, Section 100-30 for approval
?f sign as exists of excessive size
m this "A-40" Residential and
Agricultural Zoning District- ~
and advertising "Landscap!ng &
Sprinklers by Forever Green."
Location of Property: South Side
of No.~ad (C.R. 48), Peconic,
NY; C~gy Tax Map Parcel No.
1000-69~4-1.3.
8:10 p.m. App]. No. 3653 -
NORTH ROAD · AS-
SOCIATES. (Recessed from
9/10/87).
8:15 p.m. Appl. No. 3593 and
No. 3659 - QUIET MAN INN.
(Both hearings recessed from
9/10/87).
8:25 p.m. Appl. No. 3664 -
ANA G. STILLO. Variance to
rescind prior decision rendered
under Appeal No. 3562 on De-
cember 11, I986 for a condi-
tiona! approval under New York
Town Law, Section 280-a, and
deleting Condition No. 2 of prior
decision rendered under Appeal
No. 3619 on April 2, 1987, and
as an alternative being subject
to New York Town Law, Seac-
tion 280-a over the existing
right-of-way approximately 100
ft. to the east of the subjeact
right-of-way (approved or to be
approved and accepted by the
Planning Board for this set-off
division of land), located along
the north side of Main Road,
Orient, NY; County Tax Map
District 1000, Section 14, Block
2, Lot 26 and Lot 12.2.
8:35 p.m. Appl. No. 3670
ROBERT H. FREY. Variance
to the Zoning Ordinance, Article
XI, Section 100-119.2 for permis-
sion to locate open deck con-
struction with an insufficient
setback from existing bulkhead
at Harbor Lights Estates, Sec-
tion I, Lot 10, Southold, NY;
County Tax Map Parcel No.
1000-79-04-08.
8:45 p.m. Appl. No. 3669 -
MICHAEL AND
LADEMANN. Variances to the
Zoning Ordinance, Articlb III,
Section 100-31 and Article XI,
Section 100-119.2 for permission
to locate new dwelling with
sufficient setbacks from the
northerly front property line
along a private a right-of-way
and from the nearest wetland
grasses, premises kno nd re-
ferred to as Lot No. ~ap of
Blum and Littell, located along
the East Side of Stillwa~er Av-
enue, Cutchogue, NY; County STATE OF NEWYORK )
Tax Map Parcel No. 1000-103-1- ) SS:
The Board of Appeals will COUNTY OF SUFFOLK )
hear at said time and place all
~ersons or representat yes desir-
ing to be heard in each of the Christina Cont_¢n~Q___ of Greenport, in
above matters. Each hearing
will not start before the time al- said County, being duly sworn, says that he/she is
lotted. Written comments may Principal Clerk of THE SUFFOLK TIMES, a Weekly
be submitted rior to the conclu-
sion of the subject hearing. For Newspaper, published at Greenport, in the Town
more information, please call of Southold, County of Suffolk and State of New
765-1809.
Dated: September 28, 1987. York, and that tho Notice of which the annexed is
BY ORDER OF
THESOUTHOLDTOWN a printed copy, has been regularly published in
BOARDOFAPPEALS said Newspaper once each week for 1
GERARD p. GOEHRINGER,
CHAIRMAN weeks successively, commencing off the J. ....
Linda Kowalski, dayof October 19_8 7_.
Board Secretary
Principal Clerk
Sworn to b~fore me this _~___
~ ' / ~ -- NOTARY PUBLIC, State of New York
· / , ~ //J/ k Suffolk County No. 4849860~-~
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
following hearings will be held
by the SOUTI~OLD TOWN
BOARD 'OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on THURSDAY,
OCTOBER 8, 1987 at the
frllowing times:
7:35 P.m. Appl. No. 3651-~
· (Recesse9
m 9/10/87).
7:40 p.m. Appl. No. 3592-
BENTE SNELLENBURG.
(Recessed from 8/20/87).
7:45 p.m. Appl. No. 3668-
GERARD C. KEEGAN.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.1(C) for approval of con-
struction of fence in the easter-
ly frontyard area at a height of
six feet. Location of Property:
West Side of Founders Path and
East Side of Hobart Road,
Southold, NY; County Tax Map
Parcel No. 1000~64-4-10;
Founders ~F~tates Lot 39.
7:50 p.m; Appl. No. 3653-:
CLYDE FRITZ. Variance,t~:he
Zoning Ordinance, Article III,
Section 100-31 for approval of
insufficient lot area, width, and
depth of two proposed parcels
fronting along the westerly side
of Cedar Lane, Southold, NY;,
County Tax Map Parcel No.
1000-78-7-45.1, containing a
total area of .694 of an acre.
7:55 p.m. Appl. No. 3663-
MARIO CASTELLI. Variance
to the Zoning Ordinance, Arti-
cle III, Section 100-30 for ap-
proval of sign as exists of ex-
cessive size in this "A-40"
Residential and Agricultural
Zoning District and advertising/
"Landscapii?g & Sprinklers by
Forever Green:' Location of
Property: South Side of North
Road (C~R. 48), Peconic, Ny;
County Tax Map Parcel NO.
1000-69-4-1.3
8:10 p.m.' Appl No. 3653-
NORTH ROAD ASSOCIATES.
(Recessed from 9/10/87). *
8:15 p.m. Appl. No. 3593 and'
No. 3659- QUIET MAN INN~
(Both hearings recessed from
9/10/87).
8:25 p.m. Appl. No. 3664- ANA
G. STILLQ. Variance to rebuff
p£ior decision renaemd uhder
Appeal N0i 2[562 on December
11, 198_6 for a conditional ap-
proval unde~ New ~:n-k Town
Law, Section 280-a, andddeting
Condition No. 2 of prior deci-
sion rendered under Appeal No.
3619 on April 2, 1987, and as an
alternative being subject to New
York Town Law, Section 280-a
over the existing right-of-way
approximately 100 ft. to the east
of the subject right-of-way (ap-
proved or to be approved and
accepted by the Planning Board
for this set-off division of land},
located along the north side of
Main Road, Orient, NY; Coun-
ty Tax Map District 1000, Sec-
tion 14, Block 2, Lot 26 and Lot
12.2.
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said kong Island Traveler-Watchman
once each week for .................... ./. ..... weeks
successively, commencing on the ......................
Sworn to before me this ..................... day of
8:35 p.m. Appl. No. ~670-
ROBERT H. FREY. Variance to
the Zoning Ordinance, Article
Xl, Section 100-119.2 for per- .?
mission to locate open deck con- ~Z)~z ~,/-er ....
struction with an insufficient ................................
setback from existing bulkhead Notary Public
at Harbor Lights Estates, Sec-
tion 1, Lot 10, Southold, NY; 132~F~!~AR&.
County Tax Map Parcel No. Notary
8:45 p.m. Appl. No. 3669- Q:m!;£i :i in
MICHAEL AND Cora: ' ~
ELIZABETH LADEMANN ! r
Variances to the Zoning Or-
dinance, Article 111, Section
100-31 and Article XI, Section
100-119.2 for permission to
locate new dwelling with insuf-
ficient setbacks from the nor-
therly front property line along
a private right-of-way and from
the nearest wetland grasses,
· premises known and referred to
as Lot No. I, Map of Btum and
Littell, located along the East
Side of Stillwater Avenue, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-103-1-19.6.
The Board of Appeals will
hear at said time and place all ·
persons or representatives desir-
ing to be heard in each of the
above matters. Each heating will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: September 28, 1987
BY ORDER OF THI:'
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMA.N
Linda Kowalski,
Board Secretary
1T-10/1/87(65) ,~
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
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 fre'e to call
our office, 765-1809.
Yours_ ve ry~u_.~ --
G~RAt~D P. GOEHR~-NGER ~z
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
the T~ln~ 'Law"~{he Code of,~
the Town ogSouthold, the
following heat;i~gs will be held
by the.~UTHOLD TOWN
BOARI~ APPEAI~S at a
Regul~.,' .o~.flinfi at the Southold
ToWn'H~{ll, M~ain Road,
S0uth01d~'NY on THURSDAY,
SEPTEMBER l0T 1987 at the
following times: ~.
ff~7:35 p.m. Appl. No. 3651-~
DEAN KAMEN. Variances to }
the Zoning Ordinance, Articles: ]
(a) 111, Section 100-32 as to ex-/
cessive height,ih) XI, Sectioq
100-119.2 as to insufficient set'-
back from ordinary highwate~:~
mark of Long Island Sound, o~'i
a proposed ~ind-turbine-~
generating tower to be con-[
structed landward or near ex-}
isting granite m6n01ithic struc-[
ture. Locatioff of Property:/
North Dumpling Island, NY;]
County Tax,Map Parcel No.
1000-130-01-004.
7:40 p.m. AppL No: 366~-
THOMAS AmD FRANCES
SMITH. Variances to the Zon-
ing Ordinance, Articles: (a) II1,
Section 100-3J, Bulk Schedulq,
as to an insufficfent sideyard setz
back of garage, when attached
to principal dwelling structure
with raised open-deck construc-
tion, (b) XI, Section 100-119.2
for an insufficient setback from,'
existing seawall landward of
wetland area for proposed deck
addition, (c) Ill, Section 100-32,
for approval of garage as an ac-
cessory structure in the sideyard
area as an alterhative to at-
taching same to dwelling struc-
ture. Location 91~ property: 200
Haywaters Di'ive, Cutchogue,
NY; County Tax Map Parcel No.
1000-104-05-19.
7:45 p.m. Appl. No. 3622-
CHRISTIAN B. SALMINENt
Variance to the Zoning O~-
dinance, Article XI, Section
100-119.2 for permission to con-
struct deck addition to dwelIMg
and accessory stairs, both with
an insufficient setback from
edge of Marion Lake, or land;,.
ward edge of freshwater
wetland, whichever is closet.
Location of Property: 240
Lakeview Terrace, East Marion~
NY; County Tax Map Parcel No.
1000-31-%15.
7:50 p.m. AppL No. 36:58-
PAUL AND CORRIN,E
FERDENZI.
Variance to the Zoning
dinance, Article 11I, Section
I00-32 for permission to locate
accessory building in frontyard
area. Location of Property; 470
Haywaters Driv~ C~ltchogue,
NY: County Ta~ Map Parcel No.
1000-104-5-21.
7:5~[n. Apph No. 3665-
LEHI~I~ BUILDING COl~p,,e
Variance to the Zoning Or?
dinance, Article IIl, Section fOLK
100-31, Bulk Schedule, for DRK
approval of construction of
open deck with an insufficient
rearyard setback at 360 Sebas-
tian's Cove Road, Sebastion
Cove Lot No. 5, Mattituck, NY,
County Tax Map Parcel No.
I000-100-03-11.8.
8:05 p.m. AppL No. 3593-
QUIET MAN INN (Reconven-
ed from May 21, 1987). Vat;lance
ss:
~eing duly sworn, says that she is the
NG ISLAND TRAVELER-WATCHMAN,
· printed at Southold, in Suffolk County;
of which the annexed is a printed copy,
I in said Long Island Traveler-Watchman
encing on the ........... ~ ..........
me this ..................... day of
Notary Public
BARBARA FORBES
Iqotary Public, State of New York
Commission Expires "2,.7 3/ 19 °e°r~
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: August 20, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
BOard Secretary
1T-9/3/87(31) ~
Schedule, for permission to con-
struct addition in this "B-I"
General Business zoning
District with an insufficient
frontyard setback from the
westerly property line along
Hobart Avenue. Location of
Property: Corner of Main Road
and Hobart Avenue, Southold,
NY; County Tax Map Parcel No.
1000-62-3-7.
8:10 p.m. Appl. No. 3659-
QUIET MAN INN. Variance to
the Zoning Ordinance, Article
XI, Section 100-112 (and Arti-
cle Ill, Section 100-31) for ap-
. proval of insufficient number of
parking spaces of this pre-
· existing business use. Location
of Property: Corner of Main
Road and Hobart Avenue,
Southold, NY; County Tax Map
Parcel No. 1000-62-3-7.
8:20 p.m. Apph No. 3628-
~ JANE
KAYTIS. Variances to the Zon-/
ing Ordinance, Article 111, Sec-
tion 100-31, Bulk Schedule, for
approval of insufficient area of
two proposed parcels, Lot No.
I of 40,000 sq. ft. and LOt No.
2 of 1.443 acres, and insufficient
frontage of Lot No. 2 along
Robinson Road, Southold, NY;
County Tax Map Parcel No.
1000-81-03-15.4 (or 12).
8:35 p.m. Appl. No. 3654-
WJLLIAM MOORE, ESQ.
~,ND BENJAMIN HERZ-
~WaEIG, ESQ. Variance to the
Zoning Ordinance,Article XI,
Section 100-119.2 for permission
to establish "building envelope"
with setbacks of not less than 38
f~et from nearest wetlands
along existing two-foot contour
mad not less than 30 feet from
the front property line (as ap-
proved under Appl. No. 3412,
June 30, 1987). Location of
Property: 675 Meadow Lane,
Mattituck, NY; Mattituck Es-
tates Lot NO. 42; 1000-115-5-7.
(~econvened from 8/20/87).
8:55 p.m. Appl. No. 3653-~
NORTH ROAD ASSOCIATES.
(Reconvened from August 20,
1987). Variance for approval of
access at Orient.
to the Zoning Ordinance, Arti- / weeks
cie VII, Section 100-7t, Bulk ...........................
-egals
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Southold, the follow-
lng hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeting at the Southold Town
Hall, Main Road, Southold, New
~-k, on THURSDAY, SEP-
MBER 10, 1987 at the fol-
'~oowing times:
7:35 p.m. Appl. No. 3651
DEAN KAMEN. Variances to
the Zoning Ordinance, Articles:
(a) III, Section 100-32 as to ex-
cessive height, Ibi XI. Section
100-119.2 as to insufficient set-
back from ordinary highwater
mark of Long Island Sound, of a
proposed wind-turbine-generat-
lng tower to be constructed land-
ward or near existing granite
monolithic structure. Location of
Property: North Dumpling ls-
land, NY; County Tax Map Par-
cel No. 1000-130-01-004.
7:40 p.m. Appl. No. 3662 -
THOMAS AND FRANCES
SMITH. Variances to the Zon-
ing Ordinance, Articles: la) III,
aileetion 100-31, Bulk Schedule,
to an insufficient sideyard
'~l~tback of garage, when at-
tachod to principal dwelling
structure with raised open-deck
construction, Ibt XI, Section 100-
119.2 for an insufficient setback
from existing seawall landward
of wetland area for proposed
deck addition, Ic~ IlL Section
100-32, for approval of garage as
an accessory structure in the
sideyard area as an alternative
to attaching same to dwelling
structure. Location of Property:
200 Haywaters Drive, Cutch-
0gue, N Y; County Tax Map Var-
cai No. 1000-104-05-19. ·
7:45 p.m. Appl. No. 3622
CHRISTIAN B. SALMINEN.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.2 for permission to construct
deck addition to dwelling and ac-
cessory stairs, both with an in-
sufficient setback from edge of
Marion Lake, or landward edge
of fresbwater wetland,
whichever is closer. Location of
Property: 240 Lakeview Terrace.
East Marion, NY; County Tax
Map Parcel No. 1000-31-9-15.
7:50 pm. AppL No. 3658 -
PAUL AND CORRINE FER-
DENZI. Variance to the Zoning
Ordinance, Article Ill, Section
100-32 for permission to locate
accessory building in frontyai'd
area. Location of Property: 470
Haywaters Drive, Cutchogue,
NY; County Tax Map Parcel No.
1000-104-5-21.
7:55 p.m. Appl. No 3665 -
LEHESK BUILDING CORP.
Variance to the Zonin~ Ordi-
nance, Article III, ~ion 100-
31, Bulk .Sehe~. ~'. ~ .la~y.~. I
an insuffitielll[ I~tl?8~l se~ck
at 360 Sell~stisn's Cove Road,
Sebastian Cove Lot No. 5, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-100-03-11.8.
6:05 p.m. Appl. No. 3593 -
qUIET MAN INN (Reconvened
from May 21, 1987). Variance to
the Zoning Ordinance, Article
VII, Section 100-71, Bulk
Schedule, for permission to con-
struct addition in this "B-l'
General Business Zoning Dis-
trict with an insufficient fron-
tyard setback from the westerly
property line aloRg Hobart Av-
enue. l~cation of Property:
Corner of Main Road and Hobart
Avenue. Southold, NY; County
Tax Map Parcel No. 1000-62-3G.
8:10 p.m. Appl. No. 3659 -
QUIET MAN INN. Variance to
the Zoning Ordinance, Article
XI, Section 100-112 (and Article
III. Section 100-31) for approval
of insufficient number of park-
ing spaces of this preexisting
business use. Location of Prop-
arty: Corner of Main Road and
Hobart Avenue, Southold, NY;
County Tax Map Parcel No.
1000-62-3-7.
8:20 p.m. Appl. No. 3628 -
GEORGE AND JANE
KAYTIS. Variances to the Zon-
ing Ordinance, Article Ill, Sec
tion 100-31, Bulk Schedule, for
approval of insufficient area of
two proposed parcels, Lot #1 of
40,000 sq. ft. and Lot #2 of 1.443
acres, and insufficient frontage
of Lot #2 along Robinson Road,
Southotd, NY; County Tax Map
Parcel No. 1000-81-03-15.4 Ior
12L
8:35 p.m. Appl. No. 3654 -
W!IJ,IAM MOORE, ESQ. and
BENJAMIN
ESQ. Variance to the Zoning
Ordinance, Article XI, Section
100-119.2 for permi~ion to es~
tablish "building envelope" with
setbacks of not less than 38 feet
from nearest wetlands along
existing two-foot contour and
not less than 30 feet from the
front property line (as approved
under Appl. No. 3412, June 30,
1987L Location of Property: 675
Meadow Lane, Mattituck, NY;
Mattituck Estates Lot No. 42;
1000-115-5-7. (Reconvened from
8/20/87 ).
8:55 p.m. AppL No. 3653
NORTH ROAD AS-
SOCIATES. (Reconvened from
August 20, 1987). Variance for
approval of access at Orient.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
lng to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: August 20, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
STATE OF NEWYORK )
! SS:
COUNTY OF SUFFOLK )
C_~rol Ann ,qrs;a r ] aJza of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greanport, in the Town
of Southold, County of Suffolk and State of New
York, end that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for 1~
weeks successively, commencing on the
day of Se~p.~C~Lb~l:~- 19~2
Sworn to bef~e me this ~
.INsTRucTIONSI
(a) In order to anawor tho quo~r, ton~ in th.ta
~op~rer wi11 u~o currently ~vatlabl~ infon~,~t, lon concornln~ tho
~a~y ~paC%~ Of tho ac~io~, I~ is not u~ected that additional
not
~, W~i project ros~% ~n a
to the proJoct ~it~ or physically alt~r more
than 10 acreo Of land? , · . , · · · * ·
2,Will thoro b~ a ~or chnn~o to an,/ unique or
unusual land fo~ fo~d on tho ~lt~? .
], W~I ~rojec% al%or or have a large ~ffact on
aa oxis~ln~ body Of water? , , · . ·
&,W~I project havoa potentially largo
gro~Owatcr quality?
~.W~i project sl~ificantly, off~ct drainage
on adjacent aito~? · · · · · · ·
6, Will project affect any tl~oatun.,t or ,:ndanzerod
'-plant or ani~%l species? . · , · · ·
7. W~l project reset in a ~raJor advuru(~ of'f(~ct on
air quali~y? * * ....
8, W~I proJec~ haw'a ~mJor effect cn vlnual char-
actor of tho com.~u~i%y or scenic views or vlstaf;
kno~ tO bo ~portan~ tO gho co;rmunit7?
ufo of hi~ori~ pro-hiatorlc~ or paleontological
importance or any site designated au a critical
onvironmon~l area by
10. W~i pro3oct have a m Jar effect on ~xlut~j or
future rocr~ational opport~itiosV · · ·
11. Will project rqsul%' in ;~Jor traffic problems or
~ cause a ma~o~ effoc~ to exis%lnti tran:~portation
12. Will ~roJ~ct rog~arly cause objectionable odorz,
ancu as a r~s~% of the project's operation?
1)e %Vii1 proJoc~ have any impact on public hu~lth or
iL, Will project Affect tho uxiuting co~nun~t7 by
tiaa ef mor~ than ~ percent
period o~ haw a major negative effect un thc
character of tho co~unity
g~gESTIONNAIRE 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
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
such as patios, foundations, etc? ' Yes
4. Are the~e any existing or proposed fences, concrete
barriers, decks, etc? Yes
If project is proposed for an accessory building or
structure, is total height at more than 18 f,~j~t above
average ground level? State total: ~__ ft.
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: ft.
~ No
Are there other premises under your ownership abutting
this parcel? If ~yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under your ownership,'if any)?
State Permit # and Nature:
Yes
Yes
Yes
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
Yes
Yes
Yes
Yes
Yes
Yes
Yes
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale.(from contract). Yes
ll. Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes
12; If new construction is proposed in an area within
75 feet of wetland grasses, or land area at a~ eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under Yes
the requirements of Ch. 97 of the Town Code?
13. Please list present use or operatj~on_~s_ conducted upon the
subject property at ~his time ~'f~JiJ(~
and proposed ~O~U~ ' -
*Please submit photographs for t~e record.
I certify that the above statements are true and are being submitted for
reliance by the~d~ard/o~/Appeals in considering my application.
Signature (Pr6pe~ty Owner) -(~°m~thori~
No
No
No
Nc
3/87 1 k
§ 97-13
WETLAN~)S § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of 'Trustees of tho 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 watcr~ to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
Iow lying lands subject to tidal action;
(2)
All bani(s, bogs, meadows, flats anti tidal marsh
subject to such tides and upon which .i~rows or may
grow some or any' of thc following: salt hay, black
grass, saltworts, sea lavender, tail cordgrass, high
bush, cattails, groundscl, marshmallow and low
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetlund as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the mo:~t hmdward
edge of such a tidal wetland.
B. FRESIIWATER WETLANDS:
(1) "Freshwater wetlands" as dcfincd in Article 2,1, Ti-
tle 1. § 24-0107, Subdivisions l(a) to 1(d) inclusive,
of thc Environment;ti Conservation Law of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(I ) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 2. o..~. sa
i .,,/'/x
.%
-"--I
, }":!i,' 'p " ' ".,' ' ' ,'
.... _. re,g
class 2400 p3pe throughout; back fill
Use 900 gallon septic tank, 6 (six}
'r. ?<,-,5, .' '"