Loading...
HomeMy WebLinkAbout3438 Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3438 Application Dated November 27~ ]985 TO: Mr. Richard Jarz0mbek as A9ent for MR. AND MRS. PAUL FLEMING Osborne AvenUe Baiting Hollow, NY 11933 (Public Hearing 12/12/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 2l, 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-30(C) for per- mission to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25 (Main Road), Orient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10. WHEREAS, a public hearing was held on December 12, 1985 in the Matter of the Application of PAUL AND MARY FLEMING under Appeal No. 3438; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: I. The property in question is situated along the north side of the Main Road (a/k/a State Route 25), Orient, Town of Southold, pre- sently zoned "A-80'~ Residential and Agricultural, and consists of a total area of 31.863 acres with 433.71' road frontage. 2. Existing upon the premises are three structures as shown by survey dated June 21, 1979 prepared by Young & Young, L.S. 3. By this application, appellants request permission to erect a private accessory wind tower at a total height not to exceed 72 feet for the purposes of generating electricity for their private residential use at the subject premises. 4. Although Article III, Section 100-32 of the Zoning Code does not list this use as a permitted use, it is the opinion of this board that this structure is for private use incidental only to the residential use of the subject premises and will not be (CONTINUED ON PAGE TWO) DATED: January 30, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3438 Matter of PAUL AND MARY FLEMING Decision Rendered January 21, 1986 operated for gain. 5. It is also the opinion of this board that relief is necessary for the additional height of 54 feet over and above the normal 18-feet in height permitted for the safe and efficient operation of the wind tower. In considering this application, the board has determined: (a) the relief requested is unique; (b) there will be no substan- tial change in the character of this district; (c) the relief as granted will not cause a substantial effect or detriment to adjoining properties since the structure will be located a distance of 175 feet minimum from each property line; (d) there is no other method available for the appellants to pursue other than a variance; (e) the public health, welfare, and safety of the town will not be adversely affected if the relief is granted; (f) the spirit of the zoning ordinance will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that permission BE AND HEREBY IS GRANTED as applied under Appeal No. 3438 in the Matter of the Application of PAUL AND MARY FLEMING to locate and erect a private accessory wind tower for the purposes of generating electricity for their residential use and not for gain, at a maximum height of 72 feet, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That instrumentation reflectors be installed at each corner at the top of the support frame (under light) [similar to those used by the local airports]; 2. That the total height of the w nd tower, blades, etc. shall not exceed 72 feet (60' plus 11-12' blades)~ 3. That the location of the wind tower be located not closer than 175 feet to any property line and not closer than lO0 feet to the existing (rear) barn structure~ 4. That a red light with a minimum wattage of 150 be installed at the top for proper visibility by aircraft, particularly in fog and bad weather; 5. That the subject wind tower be constructed within one year from the date hereof or this variance will automatically expire. Vote of the Board: Ayes: and Grigonis. (Member Sawicki duly adopted. Messrs. Goehringer, Douglass, Doyen was absent.) This resolution was lk .~. GERARD P. GOEHRINGER, ~AIRMAN January 30, 1986 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the 80UTHOLD TOWN BOARD OF APPEALS at the Southol.d Town Hall, Main Road, Southold, NY at a Reguqar Meeting commencing at 7:30 p.m. on THURSDAY, DECEMBER 12, 1'985, and as follows: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Main Road, East Marion,--NY for a Variance to the Zoning Ordin-ance, Article III, Section- 100-32, for permission to locate accessory storage shed in an area other than the required rearyard at premises known as 12960 Main Road, East Marion, NY; County Tax Map District 1000, Section 3t, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. ~IKE, Main Road, Mattituck, NY for a Variance'~o the Zon-ing Ordinance, Article III, Section 100~31, Bulk and Parking Schedule, for approval of ins_fficient area of proposed Parcels i and 2 and insufficient frontage (lot width) of Parcel I~ in thi~ proposed division of land locate.d a~ the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of SAMES AND MARY TYLER, 625 MarratooKa Road, Mattituck, NY for a Speci-al Exceptio~ to the Zoning Ordinance, Article VII, Section 100-70(B)[4'] for permission to establish and build aublic garage at premises known as 6795 Main Road, Laurel, ~Y; Mattituck qolding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:50 p.m. Applicatio'n of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordi- nance,-Article III, Section 100-31, Bulk Schedule, for approval of the construction of greenhouse addition with an insufficient setback from the south(easterly) side line at ~ot less than 16 feet, andl with insufficient total sideyards a~ not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. Page 2 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals 7:55 p.m. Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20± acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordi= nance, Article XI~ Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section lO0-30(C) for permission to erect a wind tower exceeding 18 feetl-in height for the purposes of producing electricity, at premises known as 35675 Route 25, Or-ient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix~ 208 Fifth Avenue, New York, NY tOQIO, for a Variance to-the Zonin-g Ordinance~ Article XI, Sections 'lO0~il8(E) and 100-119.2, for: (a) permission to renovate and expand ~existing. nonconforming cabin [guest cottage without sleeping facilities] exceeding 50%-of value a~d square footage of same as exists; (b) permission to .construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, at premises known as 4255 Private Road Lane), Mattituck, NY; County Tax Map District 1000, Block 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, tuck, NY for a Variance to the Zoning Ordinance, #10 (Hallock Section t12, Box 1247, Matti- Article VII, Page 3 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section lO0-71, for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property a~utting th6 Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Tax Map District 1000, Section 143, Block 3, Lot 1. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursday, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before December 10th. Copies to the following on or about 12/2/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Mr. and Mrs. Edward Burton Abigail Wickham, Esq. for Pike and LI -Mr. and Mrs. James Tyler Mr. and Mrs. Howard Dillingham Mr. and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Shores Mr. J. Douglas Peix for Dessimoz and Racz Mr. Robert A. Celic Edward J. Boyd V, Esq. (Re: Rapanakis) ZBA Members ZBA Individual File~' Town Board TOWN OF SOUTHOLD BUILDhNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF. DISAPPROVAL is returnod herewith and disapproved on the fot2owhug grounds ............ . ................... ..0..~.... ~. ~: .--~..5...~.ry~.. ...,~...~..~, .~-:.....~..~.../.o ~..--..J.. ~....-:. ...... , ~-k~....?..,~...,~.. ~-.'.~. · RV 1/80 Buildinq Inspector TOWN OF $OUTHOLO BUILO~NG DEPARTMENT TOWN NALL 8OUTHOLD, N,Y, 11971 TEL,: 765-1802 Examined ................ t9 ... Approved ................ 19... Permit No ............ Received ........... ,19... Disapproved alC ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT ...... iNSTRUCTIONS a. This application must be completely filled in by wpewriter or in ink and submitted to the BuildLng Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot ptsm showing location of lot and of buildh'4s on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the 4iagmm ,which is part of this appli-. cation. c. The work covered by fi'As application may not be commenced before issuance of Building Permit. d, Oven ~pprovai of this app!ication, the Building inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for/inspection thrbu~out the work. e. No building shall be occupied or used ~n whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the. issuance bf a:Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, N~w York, and other applicable Laws Ordinances or Regulations, for the construction of buildhngs, additions or alterationS, or for removal or demolition, as herein described. The applicant agrees re comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspecrom on premises and in building for nece~saW inspecti~ms.lz. ~/-~ (Signature of applicant, or name. if a corporation) (Mailing address of applica"ht) State whether applicanl is owner, iessee,-agent, architect; engineer, genera] contractor, electrician, plumber or builder. ...... ................................................................ Name of owner of premises, (as on the tax roi1 or latest deed) if apv!icantjs a corporation, signature of duly authorized officer. (Nffme and tiJe of corporate officer) Buuder s License No ............ - .......... ... ...... Plumber's License No ......................... Electnman s L~cense No ....................... Other Trade's License No ...................... 1. Location af land on which proposed work wi}I l~e done. ..................... .... .... . House Number Street Hamlet Cou~t~ 'r~ ~p No. moo s~tio~ ... Al. ......... mo~k ...X. ............ Lot...~'~ ............. Subdivision ................................... Filed Map No ............... Lot ............... (Name) fi. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ana o= =y .' ce .... ....................... , ~ 2 , ~ ,/4~ ' , ; '~'' .,.- ......... ,..~ ................. ~ ........ u:~. · Nature oilwork (check which applicable): Ne~ BuiIding ,.; . Addition ' ' , .,. Alteration ....... Repair .............. Removal ............. . ~Demolition ...: .......... Other Work ....... :...' .... ~ " '~ . . . (Description) Es~ated C~t ....... /~ ,~ G(W~ ..... :~ . .......... Fee ...................................... . ~ '~ ~' (to be ~aid on filing th~ app~cat~en) tf dwel~ng~ number of dwelHng un~t~ Number of dwell~ng un,ts on each floor ~f ~rage~ nurnbe~ of c~ t business, commercml or m~xea occupancy, specify nature and extent of each type of use ......... :.: Dhmens~vns vt existing stmctures, ff any: Front ....... i ....... Rear .............. Depth ............... Hdgh* Number of Sto~es Dkmens~o~s of same stracture with ~t~'a~ons or adaxtxvns. From .... Rear Dep-g~ ............. 2 ....':. Height ........... ~ .... ~umberwf Stories ~. ~ ~. ~ ........... He~,h~ ............... Number of 8ton .................. .. ............................ Size of !or: Front ..... ~.5 ............ Re~ ..... ~( 6 2~ ............ Depth ..... ~-v .~ ~ .~. /~ ~ e Name of Fourier Owner ............................. Date of Purchase ........ ~ ~ .; .................. Zone or use district ~n which premises are situated .................... ~..., .2 ........ ~. ~ .... ~ ......... ... Does Proposed construction v~o!ate,apy zonXng law, ordinance or regulaticn:. .. ~C~a.. ~z~77~ 7..~.~P.~ 7~ N~e of Owner of premises ~. ~<~.).*. ~... Address ................... P~one Nog~fi. ~X~ ....... Nmme of ~chitect .......... 4 . Address . Phone No. Nme of Contractor. .......................... Address . Phone No ................ P~T DIAG~Jvl Locate cle~ly ~d d~s~cfly ~1 bufld~gs, whether ~x~st~ng or PrOposed, ~d, indicate ~ set-back d~mensions from ,pe~ ~nes; G~ve s~eet md block number or desc~p~on accbrd~g to deed,.~d show street nmmes and ~dicate whether *~or or corner Io~. -q g~ lC..~%~:'.F.c)q...-O. ~ r ~z~..~,.~ f.d. ............. being duly sworn, deposes and says that he is [he applicant (Name of indMduai si~fng con~act) (Confracfor, agent~ corporzfe officer, owner or ownem~ ~d ~ duly authored to per~ or have perfo~ed ~he mi~ wo~5~ and ~o mzke and file ~ica~on; that ~ statements cont~ned ~ ~M application are true to the best of his ~owledge and belief; and that the w~ be perfo~ed in the m~ner set for~ ~ the appScation filed therewith. to before me this ............... , TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION Of BUILDING INSPECTOR TO THE ZONING BOARD OF APDEALS,,//.~TOWN OF S, OUTHOLD, N. Y. ,, .... ....... ....... .......................... ~ Name of App~ll~nt~ Street end Numar ................................ ......... Municipality State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO .................................. DATED ..................................................... WHEREBY THE-BUILDING INSPECTOR/pENIED TO ................. ~...._r. .................. .C..Q.~.~. .............. Name of Applicant for permit .~ ,, ~ / , 4 Street and Number Municipality ,,~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROP'JERTY ............... /..~.....~..;.....~...~.........~..~..,....q'...~....~.- .......................... Street Use District on Zoning Map ..... fp..~.O. ............ ]..~. Current Owner :~ / t~/Z/~.~{ /C~.,,~ j, ~ Map No. Lot No. \ ~' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section ~d:~a~h of the Zoning Ordinance bynumber. DonotcluotetheOrdinance.)~.~¢~. ,~D~) - N0- C /9~ /o~~- 3. TYPE OF APPEAL Appeal is made herewith for (~O A VAR!ANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (~s no?ot~been made with respect to this decision of the Building Inspector or with ,espect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appec No ................................Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~)~'.A Variance to the Zoning Ordinance ,s requested for the reason that l~or~ ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or unneces, sary HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by ali properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE bigmotu~ ~' STATE OF NEV~YORK cou T, ss ~U-4 4/ ' Sworn to this ...................... ¢-.~..,~.....t ......... day of ................. ~...&..~.~....: .~..~Z ........ I9 ~xu~tary/~C)uc ~ I D£PARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN February 20, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant,s) Municipal File Number(s) Robert A. Celic Edward & Norma Burton /Paul & Mary Fleming 3422 3423 3438 Very truly yours, Lee E. Koppelman Director of Planning GGN:gcc S/s Gerald G. Newman Chief Planner VETERAN5 MEMORIAL HIGHWAY HAUPPALIGE, L.I,, NEW YORK 1 I ?BI~ 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 BOUTHOLD, L.I., N.Y. 11=J71 TELEPHONE (516) 765-1809 December 23, 1985 Mr. William Rose 2 Birch Circle Centerbrook, CT 06409 Re: Appeal No. 3438 - Paul and Mary Fleming Dear Mr. Rose: In accordance with our telephone conversation today, please find enclosed copies of the verbatim transcript of the above hearing, site plan showing the location of the proposed tower, and sketch. Yours very truly, Enclosures Linda Kowalski Secretary Southold Town Board of Appeals December 12, 1985 (Public Hearings) PUBLIC HEARING: 8:18 p.m. Appeal No. 3438. Matter of PAUL and MARY FLEMING by Eastern Windpower, Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and lO0-30(C) for permission to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District lO00, Section 19, Block 2, Lot 10. The Chairman read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey from Alden Young dated June 21, 1979 indicating three structures on the property, penciled in or penned-in to the rear of the barn approxi- mately 100 feet from the barn, a tower to be erected 175 feet from the west property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Jarzombek, would you like to be heard? MR. JARZOMBEK: The reason we are requesting the tower at 60' is because that--the barn in the area is about 30 feet high, and we want to build at least 30 feet above any obstructions, and it would necessitate this sort of thing. MR. CHAIRMAN: You, since the last time you have been before us, have there been any changes you have made to these units has the noise or the drum been lessened in any way? MR. JARZOMBEK: This particular unit that we are going to use in this installation is a larger unit, and it's quieter than the other unit you're talking about. MR. CHAIRMAN: Have you had any trouble with any of these or these towers blowing over, particularly in the most recent Hurricane that we've had? units MR. JARZOMBEK: No. Of the five or six towers that we have on Long Island here, we have experienced no problems whatsoever. MR. CHAIRMAN: Thank you very much. MR. JARZOMBEK: Thank you. Southold Town Board~of Appeals December 1985 (Public Hearings) (Appeal No. 3438 - PAUL AND MARY FLEMING, public hearing, continued:) MR. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anyone against the application? (None) Hearing nothing, did the board members wish to ask any questions? (None). Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, until a later FLEMING. to close (conclude) the hearing and reserve decision date in the Matter of Appeal No. 3438 PAUL AND MARY Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. NOTE: TOW£F{S ARE DESIGNED TO SUPP~)RT LI _ADS AS SHOWN IN TABLE BELOW Legal Notices LEGAL NOTICE · NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by BOARD OF APPEALS. at the Southold Town Hall,Main Road, Southuld, NY at a P.e~ Meet- ing commencing at 7:30 p~m. an T~IORSDAY, DECEMBER 1965, and as follow~ 7:35 p.m. Application of ED- WARD AND NORMA BUR- TON, 12960 Main Road, East Marian, NY f~r a Variance to tl~ Zoning Or~i..ace, Article Section 100-32, for permission to locate acce~ory storage shed in an area other than the required rearyard at premises known a~ The, Suffolk. Times December 5, 1985 12960 Main Road, East Marion, NY; County Tax Map Distri~- 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EM1LIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Orain~nce, Article HI, Section 100-31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels 1 and 2 and insofllclent in this proposed division of land located at th~ north aid~ of Main Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.nL Application of JAMES AND MARY TYLER, 625 Marratooka~ Road, Mat- tltuck, NY for a Special Excep- tion to the Zoning Ordinance, Ar- ~chedule, for approval of the con- str~ction of greenhouse addition with an insulliciant sethack f~m the south(e~sterly) side line at not less than 16 feet, andwit~ insufficient total sldeyanls at not le~ than 31 feet, at premises known as 1900 Aldrich Lan~ Laurel, NY; Laurel Estates Easl Filed Subdivision Map 7870, La 9; County Tax Map District 1000~ Sectian 125, Block 1, Lot 2.018. 7:55 p.m. A~piication fo~ LONG ISLAND SHORE& INC. 6~4 EatereRoulevanl, Fori Myers Beach, FL 33931, for a r. ance, Article HI, Sectian 100- · 31, Bulk Schedule, for spproval of insufficient area of four prop- o~ed parcels and insufficlent'lot width of two proposed parcels in this pending division of land, known as 4255 Private P~ad # 10 (Hailock Lane), MattiC.:ck, NY; County Tax Map District 1000, Section 112, Block 01, Lot 004. 8:25 p.m. Application of ROBERT A~. CELIC, Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for pennis- sion to establish acce~ to a~d from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting the Main Road, the nearest street intersection. Premises Iccated on the east side of Marlsne Lane Mattituck, NY; Co~mty Tax Map District 1000, use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed h~m October 24, 1985). ~ 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., O~ borne Avenue, Baiting Hollow~ NY 11933, for a Variance to the ~onin~ Ordinance, Article m, Section 100~2 and Section 100- 30(C) for permlsaion to erect a wind tower exceeding 18 feet in h~J~xt for the ~ of produc- ing al~icity, at. premisce known aa 356?5 Route 25, Orient, NY; County Tax Map ~)isiric~ i000, Sedlon 19, Block Section 143, Bllock 8, Lot 1. 2~.Lot 10. ~ ~ Roa~d of Appeals will hear 1~15 p.u~ Applicatio~ for ~ Said time and piac~ all persons GAIL DEI~IMOZ ~AIqD. ~g' to be heard in each of MICHAELRACZby J.Douglas ~abevb matters. Written corn- ticleVll, Sectionl00-70(B)[4lfor premises located on the north peix; ~08 Filth Avenue/New - ~ents may also b~ submitted normissionteestabllshandbtfild side of North Road (C~P~ 48), Ym~ NY 10010, for a V _a~.. ce.~.~,~inr, to. the co.n~l.uz~i~'on of .the Mattituck Roldln. Co Minor~ 40, Block01, Lat20, conteinmg ll9.2, fon(a)pe .mns~...o.n. tere__ ~-~'--~ ~' m~,~ ]~5 Subdivision Lot ~3, County Tax a tote a~a m~. - - BY ORDER OF Map District 1000, Section 125, 8;05 p.m. Applicatian of ~ooforming ~abin [guest cottage Block l, Lot 19.6. ~rrAMATIO$ AND ELENI without sleeping facilities] ex- THE SOUTHOLD TOWN 7:50 p.m. AppllcationofHOW- RAPANAI~ ~ ~030 Balsseau ceeding 50~ of value and ~quare BOARD OF APPEALS ARD AND BARBARA DIL- Avenue, Southold, NYforaVari' footageofsameasexist~;fb)per- GERARDP. GOEHRI~GER, LINGHAM, P.O. Bax 488, 'ance to the Zoning Onllnance, mi~slan to consiruct addition to CHAIRMAN Southold, NY for a Variance to Article XI, Section 100-118(I)) existing nonconforming cabin ~1TD5-5099 the Zoning Ordinance, Article "for permission to reinstate non. wltl~!.~ 100 feet ofblufl'aloag the m, Section 100-31, Bulk coIlformln~ two-family dwelling Long Island Sound, at premises STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary K. Degnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 5 dayof December 19 85 / PrigC~Pa' Clark /ff Sworn to before m~ this de]~lof /~j//,~ ~ Pc "',~NN M. ABAIE ,r_.-' / 1~ PUBLIC, State o~ ~r York · 26? of the Town Law'and the ~ ~ ~e ~d To~ ~, ~ ~, ~old, ~a ~ ~:~ ~- on 7:~ p.m~ A~ ~ yml at premises kaown as 12~0 Main Road, East Mar- ion~ NY; ~county Tax Map ~ T-10Oik ~1 Block p.m.~n for ic{~-Jil~ ~100-31,~ Bulk prov~ of insufficient trun of proposed Paree~ I and 2 and width) of ~ 1, in'thi~ proposal divisien of lend ioea- ted at the no.h mide of Main Tax Map Dhtri~ i000~ Section 7:4~ p.m. Appli~atiun of Aflicle VII~ Section 100-70(9) [4] for ~ to establish Road, '~,-~M,~ lVl~ttttuck Holdin8 Co. ldJnor Subdivis- HOWARD AND BARBARA D~L~ P.O. Southold* NY fo~ & Vsfrtence to the Zo~,in8 Di;dtn~ce, Adtde HI, Seotion 100-31, . ~Bulk Schedule, ~ epp~'~Ml~ the constrm~/~/~ ad- back from the south (eset~riy) side line at.no~.le~ titan 16 sideyards at not less ~ 31 NY; Laurel .~at. ates East, Fded Subdivision Map 7880, Lot 9; County Tax Map District 1000, Section 125, Bioek 1, ~ 2~018. 7:55 p.m. Application for LONG ISI~ND SHORES, INC. 6 8 4 Estero Boulevnrd, Fort Myers Bench, FL 33~31, for a Variance to the Zoning Ordin- ance, Article HI, Section 31, Buld Schedule, for approv- al of insufficient area Of four proposed parcels and insuffic- ient lot widty of two proposed parcels in this pending divis- ion of land, premises located on the north side of North Road (C.R. 48), Oreenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, coutn{ning a total area of $.20+ acres. 8:0~ p.m. Application of STAMATIOS AND. ELENI RAPANAKIS, 20{0 Roisseen Avenue, Southold, NY for a Variance to the Zoning Otdin. an~e, Article XI, Section 100- 118(D) for permission to rein- state nonconforming two-fam- ily dwelling use at 2030 Bois- seau Avenue, Southold, NY; County Tax Map l)istrlct 1000, Section 5.~, Block 6, Lot 40. (Recessed from October 24, 198S). 8:10 p.m. Application for PAUL AND M~RY FLEMING' by Eastern W'm~powet, he.,. O,~ne AvenUe, hitinSHoi- low, NY 11933, fOr a ¥~ce to the Zoning Ordinun~e, Arti- = Section 100-30(C)f~r permis- sion to erect -,wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known se 35675 Route 25, Orient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. AppHeution for GAlL DESSIMOZ AND MICH- AFL RACZ bv J. Doualax 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 prin£ed copy, has been published in said Long IslancJ Traveler-Watchman once each week for .........................../ weeks successively, commencing on the ...................... day of.. Sworn to before me this ..................... day of ..... ..... , Notary Public BARBARA FORBES Notary Public, State of New York No, 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~ Southold Town Board of Appeals MAIN RnAD-STATE ROAD 25 SOUTHEILD. L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR[GONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- lng and in order to prevent any delay in the processing of your application. If you have any questions, or If you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Flail, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 27, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-180]. To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3438 application of Eastern Windpower Inc. for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relarive to N.Y.S. Tidal Wetlands Land-Use; application for a building permit and disapproval of same form the Building Department; plans; and survey. Judith T. Teryy ~ Southold Town Clerk Southold Town,Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, th~ Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Plannin§ Commission: × Variance from the Zoning Code, Article IZZ, Section 100-32 Variance from Determination of Southold Town Special Exception, Article , Section Special Permit L~ui tdi ng Inspector Appeal NO.:3438 Applicant:Paul and Mary Fleming Location of Affected Land: 35675 Route 25, Orient, N.Y. County Tax Map Item No.: 1000- Section 19, Block 2, Lot WJLhin 500 feet of: Town or Village Boundary Line 10 Body of Water (Bay, Sound or State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, St,~te or I:edc~r,~lly Ot,,'~ed Land Boundary of Existing or Proposed County, Stat~. Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drain,~r- i]nanncl Owned by the County or for Which The County Ha~, E[,tabli~;h~,q r:h~nnel Lines, or Within One Mile of a Nuclear Power Within One Mile of An Airport. COMMENTS: Applicant 18 feet in height is requesting permission Lo erec.t .a_wi~d Town file and related do(:lllllenL>; ~!1~( lo!,~)ll f~il' youn r'~vi~.w. board of APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board o£ Appeals HAIN RDAD-STATE RnAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 165 1809 January 30, 1986 To: Mr. Richard Jarzombek Osborne Avenue Baiting Hollow, NY 11933 Mr. and Mrs. Paul Fleming 322 Cuba Hill Road Huntington, NY 11743 Re: Appeal No. 3438 - Paul and Mary Fleming (Variances) Dear Sirs: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have either our office (765-1802). any questions, (765-1809) or please do not hesitate $o call that of the building inspector Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission TOWN OF $OUTHOLD, NEW YORK NOV 27 1985 APPEAL FROM DECISION OF BUILDING INSPECTOR T~ ~,,~ APPF~L DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. / __ (we) ..~.t..,..-..-.......~.~..~¢/~..,.~ ......... o, ...... ~.~,..~.......4.~..~...; .................................. . Name of Ap, pellont Street a.nd Number ~'., J.././_//- ~ ~) ~/ ! Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON ~OR PERM,T NO ..................................... DATED ....~.'_"..~./~.../...r.,..¢.~..~.'. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... Name of Applicant for permit , Street and Number 'c'pality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY : ~... .................. (.,~...~. ............. ' Street Use District on Zoning Map ........................................................... ~.~ ................. ~.~.~ ~..~ Mop ~o. kot //'/,:L.; 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para. graph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( '~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ~ no'been mode with respect to this decision of the Building Inspector or with respect ta this property. Such appeal was ( ) request for a special permit ~ request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unne~es.-. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because // "' ~e~n ~a~( ~ , . ,~ l(I ,. COUNTY ) Sworn to this ............. !...~.~.....~.. .................... day of ........ ~.4?.G..d...../~.....~...C. .................. 19~ Tram Expires March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the ~etition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: /,~a / q- /~/'a. rol..~/e~i~q/ /qc_r'~ ~r~'l. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section [ '{ Section 28~:^, Ne~ Yo~k To~n La~ fo~ approval of access over r~ght(s)-of-~a~v. 6. That within fiv~e days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours. (S16) 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner ~,q , Owners'Names: /~ ,,_/ Post ~ce Addr~s - P 036 84? 682 RECEIPT FOR CERTIFIED MAIL NOJNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) RECEIPT FOR cERTiFIED MAIL SuRANCE COVERAGE pROVIOED NO ~T FOR ,NTERNAT'ONAL MAiL (See Reverse) p 03i6 8~7 683 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and N~o. ~estricted De[ive~ Fee ~eturn Receipt Showing ~ whom and Date De ate, and Add~ )TAL Posta stmark or PS Form 3800, Feb. 1982 ~7 ¢~ . /~d/[~ ~ ~ , being duly sworn, deposes and says that on the / ~day of ~n ~e~ ~. ,19 ~D~, deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current as~sment r~ll of rice. at ~z ,j ~ ~/ ; that said Notices were mailed to each of said persons by (cer~iried) (registered) mail. · - C~ Notary Public ~ ANN NEVILLE Tine F. xpke~ March 30, 19 /, (This side does not have to be completed on form transmitted to adjoining property owners.) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 12, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance 1 985 APPEAL NO.: 3438 PROJECT NAME: Paul and Mary Fleming 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 simi].~r project. TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ] DESCRIPTION OF ACTION: permission to erect wind tower exceeding 18' in height for the purposes of producing electricity LOCATION OF PROJECT: Town of Southoid, County of particularly known as: 35675 Route 25 0rient, NY #1000-19-2-10 S~ffolk, more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessmen( in the short form has been !~ubmitted which indicates that no significant, adverse effects to environment are likely to occur should this project be imple- mented as planned; (2) Construction pr0psed is landward of existing buildings. i~_3~ The pr, operty in question is not locate~d within 300 feet oft Q s , ri ' ,l ,e i~ ~ en a~ ar a, Southold Town Board of Appeals, Town Hall~ Southold, NY 765~1809 or 1802. Copies of this notice sent to the applicant or his the Town clerk Bulletin Board. 11.971; agent Secretary, tel. 516- and posted bm missioi,, of this form, and an environmental review will be made by this boa before any action is tak (a) In Order to ~nswer the qucetiens in this short £AF is is a~m'J~,~d that preparer will use currently available ~fo~ltlon conce~tn~ the project and or ether lnvestigat~on~ w~ be ~dortaken. (b) 1~ any question ha~ b~en answered Yes tho proJoc~ ~7 be ~l~lficant and (c) If all quos%ions have been answered No i~ l= likely t~Jt this project net u iEnificant. ~, W~i proJec~ rou~ In ~ large physical to the proJsct mite or physic~lly alter more ~n 10 acres of land? . . . . . . . · .,,, Yes ~ · 2. Will ~hsre be a ~Jor change %o any ~ique or 3. W~l project alter or ~ve a larEe effect on an existing body of water? . . . , . . . Ye~ Y Uo &. W~I project h~ve a potentially lar~o L~ 0,% W~! project sl~iflccntly'effect drainage ~ o~ adjacc~ sites? · * * · . * · * . Yo~ ~ 6. Will project affect any t~eatened or endanEorod 7. W~i project res~t in a major adverse effect on air quality? ' ...... · · * ,.., Yes ~ NO 8, W~I proJe¢~ have a ~aJor effoc~ on visual kno~ to be ~portan% ~o th~ community? * * * ~ Yes ~ ~o 9, Will project adversely ~pact any ~ito or ere of hie:eric, pro-hi,eerie, or palbontolo6icul i=portance or any site dominated aoa critical enviro~en~l area by a local agency? · · · _ Ye. 10. W~I projec~ have a ~aJor effect on oxl~t~ or 11. Will project result in ~mJor traffic problem~ or cause a major cf fee% to existing transportation 12. Will proJoc~ re~arly cause objectionable odor:, nol~e, ~lar~ vibration, o~ electrical dt~tur~ ante an a res~% of the project's operation? . Ye~ ~ 1). Will project have any impact on pub).Jc health or IL. Will proJec% ~ffec~ %he exl~~lng co.unity by directly cae:in4 a growth In ~ermanent popt~a- period er have a major negative effect On the com.~unlty c~ nelghbOrhood~.. Ye, ,X (Today's Date) To: Southo!d To%vn Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Re'gulations, 6 NYCRR, Part 661, and Article 25 of the ~lew York Sta~e Environmental Conservation Law, please be advised that the subject property i9 the within appeal application: (please check c~ne bo:<) [ ] M.~y be located within 300 feet of tidal wetland:~; ho~{ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. not [ ] appear to May be located within 300 feet of tid~i wetlands; ~and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does fail within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (sig~a tut= p l~'a se ~J NOTE: If proposed project falls witgkin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be.scheduled for a public hearing. SEC LoNG souND iSLAND SOUNOVIEW ROAD (under construction) AREA" 51.863 ACRE5 croplOnd SURVEY FOR P.,4ML ~.. FLEMING Orient SUFFOLK COUNTY, ~} MARY U' FLEMING TOWN OF Southo/d NEW YORK SC~4LE iN ?£Er I "-' I00' RIVERNE,40, NEVI YORK ,4LO.mN Vl YOUNG, NY~ R~. t9 L.~ LIC. NO.I~G45 NOVI,4RO VI YOUNG, N~:S. L.S. L/~. NO. 45893 O,4TE5 dUNE 21, l~7.9 · NO. 79 - 350 now or formerly William O. Tuthill et aL MAIN ROAD (N, KS, Rte 25)