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HomeMy WebLinkAbout3651 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 · · · · · · · · [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 · · · · · · · · · 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~ · 0 ~=0Zt0TSSa5~ 0q/0q/8~ ~C8 ZP.MTZZ CSP JFK~ Ot36P EST · JERRY GOEHZNGER CHAZRHAN BOARD OF ARREAL8 TONN HALL HAZN RD 80UTHHOLD NY ZONING · · · 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 · · · · 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, .' '"