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Home My WebLink About3194 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 2.5 c=OUTHOLD, L.I., N.Y. 119'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3194 Application Dated December 1, 1983 TO: Mr. Mitchell M. Wilcenski 2800 Main Road Laurel, NY 11948 (Public Hearing held 12/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 28, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section 100-32(A) [ ] Request for ~9~~ITCHELL M. WILCENSKI, Main Road, Laurel, NY, foF~9~r~-i~~Z%ning Ordinance, Article III, Section 100-31, for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3-6.1 and 7.1. The board made the following findings and determination: By this appeal, applicant seeks permission to locate an accessory wind generator centered in the rearyard area as shown on the sketch submitted with the application and set back approximately 65 feet from each property line. Article III, Section 100-32, Subsection (A) requires accessory structures to be located in the rearyard not exceeding 18 feet in height. The proposed height of this tower is 65 feet (including generator rooster), which is a common height to the best of board's knowledge that such wind towers have been con- structed in order to operate effectively. Wind towers are a source of energy and in the board's opinion are necessary. The board agrees with the reasoning of the applicant. The premises in question is located at the south side of S.R. 25, in the Hamlet of Laurel, Town of Southold, and is more particularly identified on the Suffolk County Tax Map as District 1000, Section 125, Block 003, Lot 6.1. The premises contains an area of approximately 22,000 sq. ft. and is improved with a one-family dwelling and accessory storage building in the rear yard. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was (CONTINUED ON PAGE TWO) DATED: January 4, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3194 Matter of MITCHELL M. WILCENSKI Decision Rendered December 28, 1983 RESOLVED, that Appeal No. 3194, application of MITCHELL M. WILCENSKI, for permission to construct accessory wind tower and generator, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the tower shall not exceed a maximum height of 70 feet; 2. Any static or other noise interferences must be controlled and eliminated by property owner; 3. That the structure in question not be placed closer than 75 feet to any other structures; 4. That the structure in question not be placed closer than 65 feet to any property line. Location of Property: 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3-6.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ,. ~----~ ~_.~- .GERARD P. GOEHRINGER1 CHAIRMAN January 4, 1984.tl/~- RECEIVED AND FILED BY THE SOUI'HOLD TOWN CLERK DATE.~/~i/~ . _ HOUR / 0-'~-/~ ~ ~. Town Clerk, Tcwn of So. hold Southold Town Board of Appeals MAIN ROAD- STATE RI'lAD 25 S~3UTHrlLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JE. SERGE DOYEN, JR. ROBERTJ. DOUGLA$S JOSEPHH.$AWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Tow~ of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, (West End Conference Room), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for FRANK SIMON and GEORGE SANBORN, 160 West 87th Street, New York, NY (by Irving L. Price, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-02-039.1. :35 p.m. Application of MITCHELL M. WILCC. NSKI, Main Road r.aurel, NY for a Variance to the-Zoning Ordinance, Article III, ection 100-32(A) for permission to construct accessory wind igenerator in excess of 18 feet in height at premises ~known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125- 3-6.1 and 7.1. ~ 7:40 p.m. Application of BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 1000-014 -02-17. Those persons wishing to be heard regarding the above matters should appear at the time and place indicated above. For additional information, please contact Linda Kowalski at 765-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ....................................................................... XXXX FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To..~ J-~ .~.. · ~.',~.=~ .~ ~.o.o....~.o,~..'....~., .............. PLEASE TAKE NOTICE that your application dated for permit to construct..O.~'t..O¢.C~.f~,~.,sa 0~/..__ .k~.."..~.~.~e_ ........... at Location of Property . .~.~..~. ........ ~)r~.O,~...~.t~ ................ .~.~ ...... House No. Street Ham/et County Tax Map No. 1000 Section .../~..~. ..... Block .... '~ ....... Lot ~o]..~.. 7.:/... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~,.[&-.~. ............. .~.~..._.~.~. ~ .......... ~.~.~..~..t...~.'. ,....~.... ~. ~.~... ~l.,) .~..~I-...-~..h~ .................................................. Building Inspector RV 1/80 RECEIVED TOWN OF SOUTHOLD, NEW YORK ~EC '11983 APPEAL FROM DECISION OF BUILDING INSPECTOR e,t~rk APPEAL NO. ~/~:~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ~ ..J~.~.~..//.....z~.:....~.,../.~/.~.o, .......... z~..~/~....<z .................................. Nome of Appellont Street and Number Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ////~o/~ FOR: ~ffc~-C~t/,/~ ~4 /~0}~/0 ~:W~.~ WHEREBY THE BUILDING INSPECTOR DENIED TO .... /~ z ~/.l....~.,....~.!/..~.~.~..~.~ ............ Name of Applicant for permit of ...~,..~:...~.2 ........................... ~..~:...c... ................. ../.~..~.......//..f..y.~ Street and Number Municipality State' ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~'~ ,. LOCATION OE T.E PROPERTY ............. /,~.r.~. ........... ~.~.,.~,~..r.~...../../..C...C'Z" .-- Street and Hamlet_ __ ......... .................... ........... Mop No. Lot No. DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ , Section /bO-~Z/~ 3. TYPE OF APPEAL Appeal is made herewith for (~/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has no/~Vbeen made with respect to this decision of the Building Inspector or with respect to this 'ro~Fert,)4 Such appeal was ( ) request for a special pen / / / / () request foravarianCe~ and was made n Appeal No ............... ./._.. ~)at~d ./ ......................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (v'~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~e ~ouZct like to ~/L¢~7~-,,~ ~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE end is not shared by ail 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//~,,~lq' STATE OF NEW YORK ss COUNTY OF ~~/~:¥-v/'' ) Signature Sworn to this ..... ...'~..~-...,]?.. .... day of ...... 000- 125-O,J-oo¢.t ~ ,%oo7 : '$£¢.,3#0 dO0 50054 Fl). AlE 9$ ;O"~ 70 ~IZE#FZZ "DET/~IL RO~D OUNT¥ : DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals May 24, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Co,mission 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 Municipal File Number Norman J. Murray Ralph & Mary Merrill Bertha 0kula Robert A. Celic Dr. & Mrs. Saul Rosentreich Suffolk County National Bank John C. Diller Richard Jarzombek & Ramond Pluschau Mitchell M. Wilcenski North Fork Baptist Church Emily P. Ridgway Herbert R. Mandel Douglas Castoldi 3007 3169 3178 3181 3182 3185 3186 3188 3194 3197 3199 3202 3204 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- ¢:TATE ROAD 25 ¢:OUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section 100-32(A) Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3194 Applicant: MITCHELL M. WILC£NSKI Location of Affected Land: 2800 Main Rd., Laurel County Tax Map Item No.: 1000-125-3-6.1 and 7.1. Within 500 feet of: XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage -- Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant ~permission to construct accy. generator in excess of 18 ft. in heiqht, wind Copies of Town file and related documents enclosed herewith for your review. Dated: May 18, 1984 ~ ~ ~~ Temp. Secretary, Board of Appeals JUDITH T. TERRY TOWN ULERK REGISTRAR OF VITAL SI ,~IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3194 application of Mitchell M. Wilcenski for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval~r~m ~e~~ Department; and Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOL. D, I-.I., N.Y, 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 5, 1984 Mr. Mitchell M. wilcenski 2800 Main Road Laurel, NY 11948 Re: Appeal No. 3194 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered 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 approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. Richard Jarzombek GERARD P. GOEHRINGER Secretary LEGAL NOTICE NOTICE I$ HEREBY GIVEN, pursuant to SectiOn 267 of the Town Law and the Provisions of the Amende~ Code d the Town d Southold, a Regular Meeting and the' following public hearings will be held by the Soulhold Town Board of Appeals at the Town Hall, Main Road, (West End Conference Room), Sc~thofd, New York, on WEDNESDAY, DECEMBER ~8, 1983, conunencing at 7:30 p.m. and as follo~w: 7:30 p.m. Application for FRANK SIMON end GEORGE SANBORN, 160 West 8~th Street, New York~/ NY (bY Irving L. Price, Jr., Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to eoastruct accessory garage building in the frentyard area of this parcel known as 39~5 Stars Ro~d, East Marto~ 1~; County Tax Map Parcel No. ~.'35 p.m. Application nf ~ MITCHELL M. WILCENSKI, } Main Road, Laurel, NY for a / Variance to the Zoning [ Ordinance, Article III, Section t 1~0~32(A) for permission to construct accessory wind/ generator in excess of 18 feet ~ in height at premises known I as ~800 Main Road, Laurel~ _NY; C,4~nty Tax Map Parce*l ~ *~ N*O. 1~8b.1~5-3-8.1 slid ?.1. 7:40 p.m. Application oC BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning 100-31, Bulk Schedule, for approval nf insufficient area and width of two propu~ parcels located at the north side of Main Road and the west side o£ Bt~ht ROad, Orient, NY; County Tax Map Parcel No. 1000-014.0~-17. Those persoPm wishing to be heard regarding the above matters should appear at the time and place indicated above. For additional/ information, please contact Linde Kowalski at 765-1809 ~ t8o2). Dated: Decemlxa* 16, 1~83. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) JUDITH A CHIEN ofGruenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly New.paper, published at Greenport, in the ~own of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed in a printed copy, has been regularly publ!shed in aaid Newepaper once each week for _~.p~. weeks successively, commancing on the _ 2 2 ~ d _ dayof Docember 19_83 Principal Clerk Sworn to before me this 22nd , JOAN N. MAG£E NOTARY PU,.B. LI{;.,..S!A, TE ~ N~/YORK day of COMMISSION [X?IR£S MARCH ~0 '[9,~..~ ' ~'~/'- -- : . NOTICE NOTICE IS HEREBY GIV- 1~, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings ~ll be held by the Soothold Tow~ 'Board of Appeals at the Town ltidl, ~ Roil, (West ~nd Confe~~nc~ Room), So~thold, !~ Yo~, on WEDNESDAY, DECIDER 28, 198~, ~B at 7:~0 p.m. and as r~Mlows: 7-.30 p.ar. Applic~tio~ fo~ i 1~ SIMON and GEORGE ~ ln~in~ L p~ jr., F~cl.), far n Variance to the ~onin~ Ordin- ~mce, Arlide IH, Section 100- 32 les permissi~m to eenstruct (~ ~ garage Imilding lm~ k~ ~s 3955 Stars ~d. ~ Marion, NY; Coun- ty T~x M~p P~m:el No. 1000- ~MiTCHFA. L-02-039.1. · '.~ p.m. Applicatian of M. WILCI~SKI, V~:~ to the Zoaing Or- [ I~0-~2(A) f~r pumrissi~n to tem~m~ ~cess~y .ina sen- er~tm' in excess of 1~ feet in ~ight ~ premises kn~ra as 2~0 ~ ~, l.~rel, Ny; ~ T~ M,~ 1~ No. 1000-12~3-6.1 and 7.1. 7:40 p.m. Appfic~mn of Va~mnce to the Zoning Ordin- ance, A~icfe Ul. Seefion 100- { width of two ptopusod parcels ioestod at lhe north side of Main Road and the west side of Bight Road, Orient, NY; Cmmty Tax Map Parcel No, 1000-014-02-17. Those persons wishing to heard regarding the above nmtters should appear at the rime and place indicated above, For additional infor- marion, please contact Linda/ Kowalski at 765-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1T-12/22/83(32) ~(~ (~ RR ~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH,MAN, a public newspaper printed at Southold, ir~ Suffolk CounW; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...................... ./.. ............... weeks successively, commencing on the .................................... day of .......... ' .~....~...~..T.~ ................... Swam to before me this .............. ..~7~.~..~...~. day of CLEMENT J, THOMI~ON NOTARY PURLIC, ~tate of ~w ,~9, u2-9321725 ResidinR Commission Expires BOARD OF APPEALS, LWN OF SOUTHOLD In the Matter oT ~e Petition of to the Board of Appeals of the Town of Southold TO: "-~o ~ [,~ (~o//- ~-~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~intention of the undersigned to petition the Board of Appeals of the Town of Sd~uthold to request a(~rJanc~.~Special Exception) (Special Permit) (Other) [¢±rcle cho±¢e] That the property which is the subject of the Petition is located adiacent to your property and is des- 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: ~ ~-- ~-~(:::7~ 5. That the provision~f the Southold Town Zoni? Code applicable to the relief sought by the under* signed are Article ~..L Section /'~f O 3 ~- /~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post Office Ad~e~L~'' ~ ~/' //,P'~/'P PROOF OF MA ATTACH CERTIFIE! A__ D NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL [$e~ Revers¢~ NO INSURANCE COVEF~GE PROVIOED-- NOT FOR INTERNATIONAL MAIL (,~ee l~evcrsej -I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: · · , beinl duly sworn, deposes and says that on the 3 day of '--,~ ,19 ~ ~, . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the nameS!~of ~!id pets. OhS ar.e the addresses of said persons as shown on the curren..~as~s~s~m;~ roll of the Town of Sou[h~ld;~that sa;d Not;ces were mailed at the Un ted States Post Of- fice at ~. ~.. ~? //f 3 ~( ~; ~,'* ; that said Notices were maded to each of smd persons by L~m'tifi~ (registered) tnail/' ' ' ~ -' ' , Sworn to before me this Notary Public Copies of the Legal Notice of Hearings for the 12/28/83 ZBA meeting were mailed to the following on or about 12/16/83: Irving L. Price, Jr., Esq. Mr. Mitchell M. Wilcenski Mrs. L.I. for Frank Simon and George Sanborn Bertha Okula Traveler-Watchman, Traveler Street, Southold, NY 11971 Suffolk Times, Inc., Main Street, Greenport, NY 11944 Posted on the Town Clerk Bulletin Board 12/16/83. Copies to: Building Department Individual ZBA files ZBA Bulletin Board ZBA Members RECEIVED 1983 TOWN OF SOUTHOLD, NEW YORK T~m et~l~l~l~ROM DECISION OF BUILDING INSPECTOR APP., NO. DATE .............................. TO THE ZONING BOA,RD OF APPEALS. TOWN OF SOUTHOLD, N. Y. ,, ~,1 ..~.r..C~./../....~.:..~.~./.~.~.o, .......... ~.~ ................................... Name of Appellant Street and Number ........................ /...~.....~..~ .............................................. ~... .......... ~E.EBY APPEL To Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~/~/f~ FOR: ~~-~LA~a/~'(f~ WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ~..~.~..~./......~t..,....~.c/'..c~.~.,....Z.~. Name of Applicant for permit of ,...~.~., ,-.~..~ ........................... ~...~, .. &...~.. ,..~... ................... ..~...~.,.~., ................... '~ Street and Number Municipality State/ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........... /~,/_~Z.../3ff_........F~../..~.. ........ ../%...~.c./.....,~...~......././...~.?/..~.-- -- Street and ~ .~_~ ,._.~.. ~ ,,~.~e / ../..m..~....rz.....~ ..................... ~:..<.~......z.:.../. ......... O,,~ER(S): Mop No. Lot No, DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ , Section [00 -~ ~ '~ 3. /TYPE OF APPEAL Appeal is made herewith for (¥') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (hasAt) been made with respect to this decision of the Building Inspector or with respect to t~l p~epyty. Such ~ppeal was( )request fora special p~f~% / .,~ ( )request for avario7 V/ .Z/ and was made in Appeal No .............. t ......... /'D°ted ~'' .................................................................. REASON FOR APPEAL / ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because /,]4,/.:,~ STATE OF NEW YORK ) ) COUNTY OF SS Signature Sworn to this .--~-...~. ~ ~ 19~ ............................................. day of ........................................................ Notary PuUlic 0 ~3 SHORT ENVIROhA-ZENTkL ASSESSMENT FOP~M INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infor?.ation concerning the project and the likely impacts of %he action. It is not ex~pected that additional studies~ research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no..~t significant. (d) Envirormental Assessment Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? · · · · · · o o · · Yes 2. Will there be a major change to any unique or unusual land form found on the site? · . 3. Will project alter or have a large effect on an existing body of water? . . . . · · · Yes Will project have a potentially large impac~ on groundwater quality? · , · · , · · · · Yes 5. Will project significantly effect drainage flow on adjacent sites? · · · , · · · · · Yes 6. Will project affect any threatened or endangered plant or animal species? · . · . · . · · Yes 7. Will project result in a major adverse effect on air quality? · · o · · , , · , Yes 8. Will project have a major effect on visual chax~- acter of the conmunity or scenic views or vistas known to be important ~o the community? , . , Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environment, al area by a local agency? . . . Yes 10. Will project have a major effect on existing or future recreational opportunities? . . . Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation 12, Will project re§ularly cause objectionable odors, noise~ glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes 13. Will project have any impact on public health or safety? Yes 1L. Will project Affect the existin~ community by directly causin~ a ~rcwth in permanent popula- tion of more than 5 percent over a one--yeaP period o__r have a major negative effect on the character of the com. munit¥ or neighborhood?.. Yes 15. Is there public controvert? concer~ing the ore,eot* Yes PREP~RER'S SIGNATL~E TITLE: REPRESENTING: DATE: No No .No QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. ] 3. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental a rea: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion Of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .iR. SERGE DOYEN, 3R. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 28, 1983 Mr. Mitchell M. Wilcenski 2800 Main Road Laurel, NY 11948 Re: Variance for Wind Tower Dear Mr. Wilcenski: In reviewing the papers left with our office the other day, we are unable to file same for the following reasons: (1) Effective 11/23/83, the filing fee is $50.00; (2) The appeal application is not signed or notarized; (3) The notice to neighbor form on the back is not signed or notarized; (4) Please submit four copies of a survey or other plan showing all structures on your property and showing the location of the proposed wind tower. Distances must be shown for the tower from the nearest property lines. Once we have received all of the above, your papers can be filed with the Town Clerk. If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski