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HomeMy WebLinkAbout2975 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $outhol own oar /of'. ppeals MAIN ROAD- STATE RDAD 25 ¢:DUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 -NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m. Application of Bouton Services Inc., for JOHN J. BOGERT, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exceeding the height limitation for accessory structures. Location of Property: Private Road, Isa- bella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold; bounded north by Laughing Waters; west by Tschiember~ south by Minnehaha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Ave., Kiernan, Annabel; west by Stillwater ~? south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of JOSEPH W. HAWKINS, 7085 Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Southold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; C~un~y Tax Map Parcel No. 1000-54-7-1.004. Legal Notice of Hea s Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p.m. Application of MIRIAM BATSON, 443 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel NO. 1000-37-4-3. ' 7:30 p.m. Application of SERPENTINE REAL ESTATE CORP., 695 DiEllen Lane, Elmont, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to have dwelling (converted from a barn) with an insufficient sideyard setback at 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory building in the sideyard area at 3400 Ole Jule Lane, Mattituck; bounded north by Wood; west by Canal; south by Kimmins; east by Ole Jule Lane; County Tax Map Parcel No. 1000-122-4-20. 7:40 p.m. Application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct 6'-high fence in the frontyard (which would exceed the 4' height limita- tion) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Lane, Greenport; bounded north by Mellas and Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. · ~age 3 Legal Notice of Hea s Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a Location of Property: 3275 Skunk Lane, by Bay Homes Subdivision, and Kujawski; south by Marco; west by 92-9-10.1. for Approval of Access. Cutchogue; bounded north east by Pontino & ano.; Skunk Lane; County Tax Map Parcel No. 1000- 8:10 p.m. Application of ELWOOD AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104-4-1. 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of Property: 400 feet easterly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, Wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map~arcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWI______~N INDUSTRIES___________~, IN__C~, c/o ~ Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street,~ Riverhead, NY for a SPecial Exception to the Zoning Ordinance, ~ Legal Notice of Hea~ ~ Regular Meeting for June 17, 1982 Southold Town Board of Appeals rrticle Section 100-90A for windmill farm be IX, a to located on emises zoned C-1. Location of Property: Off the north side of' Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. ~ 9:30 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esskes, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ~ CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. ~' t Copies to the fol ng on or about June 8, t~-: Suffolk Times, Inc. L.I. Traveler, Inc. Hand Deliveries 6/8/82. Bouton Services,~Inc. (for John J. Bogert), Box 506, F.I. 06390 Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd, Southold Mr. Vincent W. Annabel, Stillwater Ave., Cutchogue Mr. Joseph W. Hawkins, 7085 Horton Lane, Southold Mrs. Miriam Batso~°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Estate Corp. Main Road, Mattituck Serpentine Real Estate Corp., 695 DiEllen La., Elmont, NY //oo~ NO~AN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib, 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, ~utchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries~ 108 East Main St., Riverhead 11901 Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ...e~.. ~.~.~.~.. ~.SS ~ ..... PLEASE TAKE NOTICE that your application dated .............. ~ ~..t~ 19~ Location of Property .......... ~J. ~ h t ~t V~ 0 A b ~ ST ~ ~q~ 0 N/ . ~o~ ~o. ' ................ ~ie$i '/ .......................... County Tax Map No. 1000 Section ...... ~.. Block ...... ~ ...... Lot .............. kb~T~ b....~.. ~.'2 .... ~T~.. ~ f.~.~T ..... 6~ .~ .... ~.t ~. z.?~.' ......... . .'...'. ....... . ra,~[ ~ .~,~ .......... ~ ........................................ ~ ~.. ~ ?.fi T ~ !.. ~fi~ ~ ?~ 7... ~ ~.,T.. '~ ~ b ~ ~. ~.E... ~. ~ ~ f.~ L.. fi~. ~? ...... Building Inspector Southold Town Board of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 5, 1982 Ms. Mary Elizabeth Ford Environmental Health Engineer Nixon, Hargrave, Devans & Doyle Lincoln First Tower, Box 1051 Rochester, NY 14603 Re: Solwin Industries Ltd. Dear Ms. Ford: In reply to your August 3, 1982 correspondence, please find enclosed herewith a copy of this board's "Positive Declaration" pursuant to the N.Y.S. Environmental Quality Review Act concerning the proposed windmill-and-water-tower project to be located at Orient. Solwin Industries Ltd. has made two applications: [1] a variance application (Appeal No. 2971) for permission to: (a) construct towers exceeding the height limitation of the zoning code and (b) obtain an interpretation of Section 100-90A to the effect that a 'windmill farm' is a permitted industrial use in this "C-l" zone; and [2] an application for a Special Excep- tion for a windmill farm to be located on premises zoned "C-i~ Article IX, Section 100-90A (Appeal No. 2975). Both files are quite bulky and are similar in context. Perhaps you should contact our secretary, Mrs. Linda Kowalski, indicating which documents (available at 25¢ per copy) you are particularly interested in. The following are documents on file which may be of interest to you: (1) applications, (2) maps, (3) 21-page memo- randum submitted by applicant's attorney, (4) minutes of the 6/17/82 hearing which has been recessed without date at this time, (5) letters in objection, (6) miscellaneous correspondence, et cetera. Yours very truly, lk Enclosure GERARD P. GOEHRINGER CHAIRM3~N Nixon, Hargrave, Devans & Do yle Attorne~ys and Counselors at Law ROCHESTE;~z NEW ¥OF~ 1~03 August 3, 1982 Mr. Gerard Goehringer Southold Town Board of Appeals State Road 25 Southold, New York 11971 Dear ~r. Goehringer: I am interested in obtaining a copy of the windmill towers proposal which the Southold Town Board of Appeals is making as lead agency. Please send a cody of this proposal to me at the above address. ' Thank you for your time and consideration. Very truly yours, ...ary E~izabe~h .?or d Environmental Health Engineer ~tEF: lrj APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI3UTHrlLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 July 1, 1982 TO: Mr. Robert F. Flacke, Commissioner N.Y.S. Department of Environmental Conservation 50 Wolfe Road Albany, NY 12233 Mr. Thomas J. McDonald N.Y.S. Planning & Development Clearinghouse Division of Budget, State Capitol Albany, NY 12224 L.I. Regional Planning Board Veterans Memorial Highway Hauppauge, NY 11787 Re: Appeals No. 2971 and 2975 Solwin Industries, Ltd. Gentlemen: This department has received the subject applications for permission to place 40 windmill towers 110' high and 10 water towers 150' high at premises zoned "C-1 General Industrial" on a private right-of-way located off the north side of Main Road (S.R. 25), East Marion, NY. Pursuant to Section 617.10(b), enclosed herewith for filing is a "Positive" Notice of Declaration indicating that our depart- ment desires to be lead agency, determining this project to be a "Type I Action" and which may have adverse effects upon the envir- onment for the reasons listed in the enclosed Notice. A draft Environmental Impact Statement and Long EAF have been requested, and upon receipt of same, we will file same with your agencies. The person to be contacted for further information is our secretary, Linda Kowalski, at (516) 765-1809. Yours very truly, lk GERARD P. GOEHRINGER Enclosure CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONI$, JR. SERGE DOYEN, JR~ ROBERT J. DOUGLASS JOSEPH H. $AWlCKI Southold Town Board of Appeals MAIN RI-lAD- STATI::' Rr'IAD 25 TELEPHONE (516) 765-1809 June 29, 1982 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeals No. 2971 and 2975 Solwin Industries Ltd. Dear Mr. Esseks: Please be advised that the Board of Appeals at a Special Meeting held Saturday, June 26, 1982: (1) Rescinded their June 17, 1982 resolution which origi- nally scheduled these matters for a recessed date of July 29th; (2) Rescinded their May 26, 1982 resolution which originally determined this project to be a "Type II" Action and declared a "Negative Declaration" pursuant to the requirements of the N.Y.S. Environmental Quality Review Act [SEQRA]; (3) Determined this project as applied for in Appeals No. 2971 and 2975 to be a "Type I" Action which may have significant adverse effects upon the environment inasmuch as this project involves the construction of new non-residential facilities which meet or exceed any of the following thresholds: [a] a project or action involving the physical ~lteration of 10 or more acres; [b] a project or action which would use ground or surface water in excess of 2,000,000 gallons per day; [c] any structure exceeding 100 feet above ground level without regula- tions pertaining to such height. The reasons for the "Positive Declaration" pursuant to SEQRA are contained on the attached Notice of Declaration. (4) Request that a Long Environmental Assessment Form [EAF] and Draft Environmental Impact Statement [DEIS] be filed as early as possible with our office. We are enclosing a blank EAF for your completion and a copy of Section 617.14~ "Preparation and Page 2 June 29, 1982 William W. Esseks, Esq. Re: Solwin Industries Ltd. Content of EIS" for your reference. (5) Adopted a resolution recessing these applications "without date" and once the procedures and requirements of SEQRA have been completed these applications will be re- scheduled and advertised in the Suffolk Times and Long Island Traveler-Watchman. (6) Request whether you will be able to supply copies of the informational packet for the public as mentioned at the June 17th Regular Meeting, for which numerous requests have been made through our Building Administrator, Victor Lessard. If you have any questions, please do not hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Enclosures Secretary cc: Mr. Victor Lessard Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 BnUTHDLD, L.I., N.Y. 11~J71 TELEPHONE (5t6) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWlCKI PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2975. Application of: Solwin Industries Ltd. Location of Subject Property: On a private right-of-way located off the north side of Main Road, East Marion, NY; more particularly known as County Tax Map District 1000, Section 22, Block 3, Lot 11. Project Proposed: Placement of 40 windmill towers and 10 water towers exceeding the height limitation of the zoning code, and an interpreta- tion of the zoning code to the effect that a "windmill farm" is a permitted industrial use in this C-1 Zoning District. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.6 of the N.Y.S. Department of Environ- mental Conservation Act and Section 4404 of the Southold Town Code, the Board of Appeals of the Town of Southold declares itself lead agency in this proposed project and hereby classifies same as a "Type I" Action which may have significant adverse effects upon the environment for the following reasons: 1. Possible substantial change in the use of this land and/or its natural resources; 2. Possible adverse change in existing water quality; 3. Possible impairment on the character and/or quality of aes- thetic resources. It is requested at this time that the applicant and/or his agent furnish our department with a Long Environmental Assessment Form and Draft Environmental Impact Statement. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject application. Dated: June 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, 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 R. SAWICKI July 1, 1982 TO: Re: Mr. Robert F. Flacke, Commissioner N.Y.S. Department of Environmental 50 Wolfe Road Albany, NY 12233 Conservation Mr. Thomas J. McDonald N.Y.S. Planning & Development Clearinghouse Division of Budget, State Capitol Albany, NY 12224 L.I. Regional Planning Board Veterans Memorial Highway Hauppauge, NY 11787 Appeals No. 2971 and 2975 Solwin Industries, Ltd. Gentlemen: This department has received the subject applications for permission to place 40 windmill towers 110' high and 10 water towers 150' high at premises zoned "C-1 General Industrial" on a private right-of-way located off the north side of Main Road (S.R. 25), East Marion, NY. Pursuant to Section 617.10(b), enclosed herewith for filing is a "Positive" Notice of Declaration indicating that our depart- ment desires to be lead agency, determining this project to be a "Type I Action" and which may have adverse effects upon the envir- onment for the reasons listed in the enclosed Notice. A draft Environmental Impact Statement and Long EAF have been requested, and upon receipt of same, we will file same with your agencies. The person to be contacted for further information is our secretary, Linda Kowalski, at (516) 765-1809. Yours very truly, lk GERARD P. GOEHRINGER Enclosure CHAIRM~N ll Fourth ~venue ~rden ~ity April 27, 1982 Southold Tuwn Hail ~'la in F:O ~ d I, tho und~rst,~n~d, ~,~ner oF prop~u'ty (SuP?~l~ ~ounty TJx M~p unn~truction oF th~ propo~J~d ,~indmill ?~m in E~% P!arion. I Philip i~ Nicol~ APPEALS BOARD MEMi)ERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals IViAIN RE)AD- STAT£ RE)AD 25 SE)UTHr'ILD, I-.I., N.Y. ll~'71 TELEPHONE (516) 765-1809 June 10, 1982 N.Y.S. Public Service Commission 3 Empire State Plaza Albany, NY 12223 Re: Proposed Windmill and Water Reservoir Fa~n Location: Off State Route 25, East Marion, NY Gentlemen: Please be advised that this department has received applications by Solwin Industries, Ltd. for permission to construct 40 wind mills and 10 water towers for the pur- pose of course to generate electricity. Our board has scheduled these applications for public hearings to be held at the Southold Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 9:05 p.m. Any information you can supply us concerning the rules and regulations governing this type of project and your interests will be greatly appreciated. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary -- . S~ 7:40W. Application o~~ LEGAL NOTICE GERARD GALLIANO, 2125 NOTICE IS HEREI~y Pine Tree Road, Cutchogue, GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended. Code of the Town of Seuthuld, the following matters will be held for public hearings by the Southold Town Board of A~- peals at the Town Hall, Mare Road, Southold, NY on Thurs- NY for a Variance to the Zoning Ordinance, Article III, Section 100.32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot N0. 19; County Tax Map Parcel others; Co~ Parcel No. 1000-113-6-14.. 9:0O p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Art- icle VII, Section 100-71 for .permission to construct drive- m banking facility with day, June' 17, 1982 commenc- ing at 7:00 p.m. and as follow:. i 7:0O p.m. Application of ~Bouton Services Inc., for /JOHN J. BOGERT, Fox and Crescent Avenue, Fishers i land, NY for a Variance to the ' Zoning Ordinance, Article Section 100.32 for permission~:~ to erect antenna tower exeee~ lng the height limitation for accessory structures. Location of Property: Pr/rata ' Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 357Q Miunehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100.31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Min- nehaha Boulevard, Southold;. bounded north by Laughing Waters; west by Tschiember; j south by Minnehaha Boules' yard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. App]icatinn of VINCENT W. ANNABEL, Stil]water Avenue, Cutchogue, NY for a Var/ance to the Zon- ~ng Ordinance, Article Iii, Section 100.31 for approval of insufficient road frontage of one pa. reel proposed in a two- lot division of property located at Stillwater Avenue, Cut- ' Chogue, NY; bounded north by Stil]watec Ave., Kiernan, An- ea bel; west by Stillwator Rd.; south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application uf ,J. OS. EPH W. HAWKINS. 7085..,A,0 ~orton Lane, Southuld, NY for a Variance to the Zoning Ordinance, Article III, Section 100.32A for permission to con- struct windmill exceeding the height limitations for ac- cessory structures· Location of Property: 7085 Hutton Lane, Southuld, NY; bounded north by Hornin Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; County Tax Map Parcel No. 1000-54-7-1.004. 7:20 p.m, Application of ~llRIAM BATSON, 443 Main -~treet, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100. 31 for permission to constrnct~ 0 m addition to existing lwelling with a reduction in · earyard setback at Bayview )rive, East Marion; more )articularly known as ]ardiners Bay Estates Filed .'lap No. 275, Latz 123 and 124; ~ounty Tax Map Parcel No. 000-37-4-3. 7:30 p.m. Applicaton of ERPENTINE REAL ES- , ~ATE CORP., 695 DiEllen ane, Elmont, NY (by Gary la.nner Olsen, Esq.) for a artance to the Zoning rdinance, Article III, Sec- 3n 100-31 for permission to ~ve dwelling (cdnverted om a barn) with an insuf. ?' :tent sideyard setback a~/l' 300 Main Road, Peconic ~ear Southold); bounded ,rth by Main Road, Cappa ~d Terry; west by 'ad~'~k,!: south and east by ~ ~'~ty Tax Map ~ -75~-9.2. ~plicat on of~ canopy extending into the . No. 1000-9~-1-13. frontyard area. Location:/. . .... beth9 duly Sworn, 7:45 p.m. Application of Mattituck Shopping Center, HENRY S. KOZEN, 1520 Main Road, Mattituck; Coun- blisher of the SUFFOLK Donna Drive, Mattitnck, NY r~ ~ ty Tax Map Parcel No. 1000- for a Variance to the Zoning,. 142-1.26. hed at ~reenport, in said Ordinance, Article III, Section //'/h05 p.m. Application o 100-35 for permission to con- SOLWIN IN frontyard *,..~-:~'- th.e. /Sc~o~Esseks, Hefter, Cuddya!~ P struct 6'-high fence in DUSTRIES, INC., th~ a~exed is ~ rin~ed exceed ,~._~,,~-,,,~a.w?u!~ ~ Angel Esqs., 10~ East Main ] d Su o ' · . L,,~ ,~ nmgnt \ Str~ o. ,. ...... ffAk Weekly Times hmitation) at 152o Donna \ .~-,~i'~,,.,~eraea_u, l'~x for a / Drive, Matt/tuck; Deep Hole ~ ~,~i'-n';~.,~:x_cepclo,n~.to. t.he/ ~ ................ weeks Creek Estates Subdivisinn I ~/'?:'$ w~umance, .u, rtlcle IX,[ ~ t~4-~ F led Map No 4256 Lot 'l~'~' / .oecuon 100-90A for a windmill{ ' · , ". ~ ~arm to be located on ............. 33; County Tax Map Parcel \ premises zoned C-i. Location ST~NL~" · pp finn O! ~ of Main Road, East Marion;[ MOISA x.~ ~AND . M. ARY I bounded north by Tomias and ........................ Greeap~rt:~qy~rn~e~/a~nn~ / ,East M.a. rion War Memoria~ ~ Assec~atwn; westbyKochand ~ ' ' to the Zoning Ordinance, Art- } others; south by Begora and Y icle III, Section 100-31 for [ Ketcham and others; east b~~ permission to construct Terry; County Tax Map .2 ..~.._~?..~.~.~ ......... addition to dwelling with an Parcels No. 1000-22-3-11, 12, 14 .......... bounded north b~' Mell~a~ ~ 9:30 p.m. Application of ........................ Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section .280a for Approval of Access. Location of Property: 3275 Skunk Lane, ~Cutchogue; bounded north by/ ~ay Homes Subdivision, Kujawski; east by Pontino & anc.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000.97-9-10.1. 8:10 p.m. Application of EL- WOOD AND CAROL HUGHES. 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to ~the Zoning Ordinance, Article III, Section I00-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cut- chogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104 . 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance 'to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient arce and width of two proposed parcels at the corner of Hutton Avenue and Shirley Road,, Mattituck; bounded north by Young and others; west by Shirley Read; south by Hutton Avenue; east by Bergen and others; County Tax Map Parcet No. 1000-141- 1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by .~ Richard F. Lark, Esq., Main/ ' Road, Cutchogue, NY for a' Variance to the Zoning Ordinance, Article'III, Section 100-31 for approval of insufficient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Read; West by Brawner and Cedar Birch Read; south cbYe .Gardiner's Bay; east by euar Birch Road; County ?,,x ~ap__Parcels Nq. 1000-15, SOLWIN INDUSTRIES. INC., c/o Esseks, Refter, Cuddy and Angel, Esqs., 10~ East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- nunce, Article IX, Section 100. 90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding the.height limitation of the zomng code and (b) an interpretation of Section 100- 90A to the effect that a "windmill farm" is a permitted industrial use this zone. Location o~' Property: Off the north side of Main Road, East Marion; bounded north by Tomins and East Marion War Memorial Association; west by Koch and others; south by Begora, Ketcbem and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TJ10.3980 ~\- ,._ ' SOUTHOLD TOWN ~ BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of. Appeals at the Town Hall, Main Road, Southold, N.Y.on · Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: 7:00 p.m. Application of Bouton Se_ryice~, Inc. fp.r .lohn /~'~T):0S p.m. Application of '~ / So,win IndusU4es, Inn.. e/o Esseks, Hefter, Cuddy and Street; Riverhead. NY' for a Special Exception to the Z~ning Ordinance, Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-1. Location of Proper-- _ fy: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Asso- ciation; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, ~ 9:30 p.m. Application Solwin Industries, Inc., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- nance. Article IX, Section 100-90 and Article VII1, Section 100-80 for: (a) permis. sion to construct towers exceeding the height limita- ' .lion of the zoning code and (b) an interpretation of Section I00-90A to the effect that a "Windmill farm" is a permit- ted industrial use in this zone~ Location of Property: Off the north side of Main Road, East Marion; hounded north by 10 Tomias and East Marion Wa~O! Memorial Association; west by~ Koch and others; south by ~o~) Begora, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11 12, 14 and 15. Dated June 7, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer Chairman By Linda Kowalslti Secretary IT-6/I0/82 (912 COUNTY OF SUFFOLK STATE OF NEW YORK Pa;ricia Woad, 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 thor the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- rn~n once each week for ........................................ weeks successively, commenc~r~ on the ........... ../(..~"' ~ amI :ad Oc3' I~ spv Pa~J!ss~13 t Southold Tow~Board of Appeals ENVIROMENTAL DECLARATION: Appeal No. 2975. Application of SOLWIN INDUSTRIES LTD. Special Exception for windmill farm. On motion by Mr. ~ - · it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Solwin Industries LTD% ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration Should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: East Marion,.NY. Off the north side Of Main Road, Vote of the Board: Ayes: ~srs. ~cu~ .... , v-chrin~c~, K JUDITH T. TERRY Southold, L. I., N. Y. 11971 April 12, 1982 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2975 application of Solwin Industries £or a special exception. Also included is notification to adjwcent property owners; Short Environmental Assessment Form; Letter relative to N,Y.S. Tidal Wetlands the Building Department; Survey. JTT/bn Enclosures Land-Use; Notice of Disapproval from Judith T. Terry (j Town Clerk TOWN OF 8OUTHOLD, NEW YORK APPLICATION FOR SPEC[AL F~CEPTION APPLICATION NO. c~ ? 7~ DAT~ ...4....-.!-...1..~.8...2.. TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. SOLWIN INDUSTRIES LTD. c/o Esseks, Hefter, Cuddy & Angel, I, (We) ........................................................................................ of .................................................................................................... Name 108 Eas ts~d~t .................... .R.iv_e...r..h_e..a._d' ................................................... New York 11901 Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE 100-80 (b) 1 SECTION SUBSECTION Esqs. , THE SPECLa_L EXCEPTION IS REQUESTED BECAUSE the use proposed for the subject property, i. e. "windmill farm", is a use which petitioner contends falls within Section 100~0-~-{~ to wit: '~ndustrial Uses", and said "Industrial Uses" is only permitted as a Special Exception pursuant to Section 100-80-b. Petitioner also asks for an interpretation of the Zoning Ordinance by the Board of Appeals. The interpretation sought is that a windmill farm is a use that falls within the definition "Industrial Uses" pursuant to the aforesaid Section and/or pursuant to subsection (2) thereof, entitled "Research, Design and Development Laboratories". SOLWIN INDUSTRIES Ltd. STATE OF HEW YORi( ) ~ ,, .~ ............ !:< =..-..::?...~.~:d~ ........................................................... COUArrY OF Suffol~ WilliamW. E~s~ as attorney ............ ....... ........... Svzorn .............. ............. ~ JUTTA E, FII'Z k 62-t 236770 FORM ZB2 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of SOLWIN INDUSTRIES LTD. to the Board of Appeals of the Town of Southold TO: see list annexed NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) ~II1~1~1~) (the following relief: interpretation of Article IX, Section 100-90-A to the effect that a 'twindmill farm" is a permitted industrial use in that it is" any lawful purpose. " 2. Thattheproperty whichisthesubiectofthePetitionislocatedadiacenttoyourpropertyandisdes- cribedasfoliows: see annexed copy of part of Suffolk County Tax Map 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: C-1 General Industrial Distr~et 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:interpretation~ as and a height variance from 35 feet to 110 feet for 40 windmills and to above, 150 feet for 10 water tower reservoirs; and mp~{nl ~wn~p~n. pur~umnt t~ Section 100-90-A $.Thatthepr~visi~~s~ftheS~uth~~dT~wnZ~ningC~deapp~icabiet~there~iefs~ughtbytheunder- signedare Article IX Sectic~_100-90-A 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-~809. 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: April 8~ 1982 SOLWIN INDUSTRIES, LTD. BY ~ +_____ v~ ~ Petitioner William W. Esse~s, as attorney Post Office Address c/o 108 East Main Street Riverhead, New York 11901 516 369-1700 Board of Appeals Town oJ Soulho]d PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS SEE LIST ANNEXED STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Jutta E. Fitz , residing at Rocky Point, New York , being duly sworn, deposes and says that on the 8th day of April ,19 ~z , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Riverhead, N. Y. ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this 8th day of April ~ ,1982 Notary Public CLAIRE FANBJ A ~0mrm~?n Exp:les i,',,~r,:h 39, 19<%' Otto Uhl Jr. & Ors. 9 Derby Road Port Washington, N. Y. 11050 Margaret Guimaraes 855 Front Street Uniondale, N. Y. 11553 Dorothy Cook 441 East 20th Street New York, New York 10010 Irving C. Latham Orient, New York 11957 Cove Beach Associates 4600 Time & Life Building Rockefeller Center New York, New York 10020 Constance J. Terry Main Road Orient, New York 11957 Robert S. Koch & wf. Box 92 East Marion, N. Y. 11939 Estate of Myron B. Brown East Marion, New York 11939 Frank E. Begora & wf. East Marion, New York 11939 Ronald J. Edeen & wf. East Marion, N. Y. 11939 Frank R. Russell & ors. 147 Constant Avenue Staten Island, N. Y. 10314 ,P 237. 10.9 110 RECEIPT FOR CERTIFIED MA~ NO INSUDANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL 9 Road SmEE~A"P]:Y~t Washington, N. POSTAGE ~ CERTIFIED FEE SPECIAL DELIVERY Po~T~ARK o~ATE ¢ ¢ P 237 109 113 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) /%E~;;;in"'~ ~. Lath. s~{,,~,'~) NM YOrk i~957 P 237 109 111 RECEIPT FOR CERTIFIED MAI~ NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL NO INSURANCE COVERAGE PROVIDED- (See Reverse) NOT FOR INTERNATIONAL MAIL I SENT TO j (See Reverse) §~r~t Guimaraes l 5 Fro~t Street ~_~_~da~e~o~, y, 11553 CERTIFIED FEE SPEC[AL DELIVERY RESTRICTED DELIVERY ¢ ¢ P 237 109 115 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR fNTERNATIONAL MAIL (See Reverse) ~or~nce j. Terry York 11957 POSTAGE CERTIFIED FEE TOTAL POSTAGE AND FEES POSTMARK OR DATE P 237 109 112 RECEIPT FOR CERTIFIED MAIL P 237 10'9 114 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO ~fRE~:r~t,e Beach Associates J 4~00 Time & Life BU / P ° ' sr~er Center / mS~G~e~°rk;-New= CERTIFIED EEL ~PEGIAt DELPJE~¥ SENT TO :441 ,.~_.~t~,~gg,~ Street ,~^~&~,z~. Ne~ York 10010 ~STAGE $ CERTIFtED FEE ~ SPECIAL DELIVERY ¢ ~ R~TRi~D Db~iv~Y -- ~ ~i)wf~HOMANDSATL 8 j~ ;~W TO~V~,3~ DAlE AND P,237 10'9 116 "~ P 237 109 11'7 RECEIPT FOR CERTIFIED MA ' NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO ~-~rRgbe.~c S. Kooh & iP©STAGE CER1 ~EiED FEE SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WHOM AND DATE DELIVERED SHOW ~0 WHOM DAI E AND AOORESS 0£ ~HOW~0 WHO~ ~NO DATE RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO B. Brown lqarion, N~w York 11939 P O. STATE AND ZIP (:ODE POSTAGE CERTIFIED FEE SPECIAL DELIVEFIy RESTRICTED DE[ IVER'f P ~37 10'9 118 RECEIPT FOR CERIIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO ,,,~. Marion, New York 1193 P.O, STATE AND ZIP CODE POSTAGE CERTIFIED FEE I SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WH0~ ~TE AND A[)[)RESSOF[)ELIVERY WIIH P 2'37 109 119 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (SOD Reverse) SENT TO & Marion, N. Y. 11939 POSTAGE CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY DATE OELIV~REO P 237 109 120 RECEIPT FOR CERTIFIED MAIL ND INSURANCE COVEOAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STeinrOe-.. Russell & ors. 1~7 Constant Avenue '°S'~T~&h~f~nd, N. Y. 10: POSIAGE CERTlllED FEE SPECIAL DELWERY RESTRICTED DELIVERY SI!0W Iff Wii0M ELATE EAST CEMETERY FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~L'~'~'~" ~-~'0~:r~i~ .... /L'-7.~' '~ · ' g'~o' - ~,Ul-I~k't-f~'O:'~'- ~-~ ~ ..... ........ ~,~,~,~,.~,~..,~, ~,~~ ~, ~ ~o~ for pe~it to construct .? ~..~. ].1. q. ~ ?~... ~.t. ~... ~ t. ~.~, .~.1 ~ ................. at Location of Property .......... ~(]. ~ ~ I Ix[ ~ 0 A ~ ~ ST ~ ~ 0 N/ . House ~o. ' ................ ~/e~i '/ .......................... Hamlet County Tax Map No. 1000 Section ...... ~.. Block ...... ~ ...... ~t .............. Subdivision ................. Filed Map No .................Lo'No.. (~..L~.,. ~ ~. t~. . is returned ~erewitn and disapproved on the following grounds... ~.~... Lf~.~... ~.. ~.~[. LtS~ I~ ~+{5 C-I Zo~k~ A~ ~ec-qo. .~d.. ~... ~.~.. ~..~... ~~ ................................... ~../f.~:~ ~.. ~ :,~? ~...~b.,~.. ~h ~R ~-.e...~.~ f'.q ~.. R'~ .~ ..... '. Building Inspector ESSEK$, HEFTER, CUDDY ~ ANGEL RIVERHEAD, NY. 11901 April 8, 1982 Mr. George H. Fisher Building Inspector of the Town of Bouthold Town Hall Main Road Southold, New York 11972 Re.: Application of Solwin Industries Ltd. Dear Mr. Fisher: I have the Notice of Disapproval dated April 2, 1982 which includes a statement "such use is not listed in this C-1 Zone Art. IX 100-90 and in any other zone district". Article IX - C-1 General Industrial District - Section 100-90, "Use Regulations", paragraph (A) provides: "In the . C-1 District may be used for any lawful purpose, I submit that a "windmill farm" is certainly a "lawful purpose" and further, that there is no presumption that a "windmill farm" is an illegal use or is for any illegal purpose. Accordingly, I ask that either the Building Inspector reverse his position that a windmill farm is not permitted or that the Board of Appeals provide an ~r- pretatio~ to the effect that a "windmill farm" iea ~ermitted I enclose herein "Notice to Adjacent Property Owners" with proof of mailing, showing that we are asking for a height variance, special exception pursuant to Section 100-90(A) and an interpretation to show that a windmill farm is a permitted use. Please deliver this Notice to the Zonin§ Board of Appeals' Secretary. ~ )~ ~V~;~ ~4~f....//~ ~':~' ~ ~ ~ Very truly yours, , ,-.-'r,-~{}~.~1~"~ ~'~'~.~ William W. Esseks ~ HSTRUCT ~OH$: (0-) "~'~' o~du~ to oaswer the question~ ~n th~ ~ho~t EAF ~ ~s ~ssume~ thor the proposer ~.~Z use cu~entZx ovo~ob~e ~nform~on concerning project end the likely impacts of the cction, ti is not expected that additional studies, research or other investigations ¥1ilI be undertaken. (b) tf any question hos been onswered Yes the project moy be sioniflcomt ~nd o completed Emviromracnlol Assessment ~orm is necessory. (c) If oll questions have been onswered Ho it is likely th~t this project is mol significonl. . (d E~vironmeniol Assessmeni 1. Will project resu~-in s lor9e pbysicol chonDe to the project site or physicolly oller more thon 10 ocres of lend? ..................... . Yes. XXNo 2 Will there be o moj6r chonDe ~oony unique or -unusuol lsnd form found on the site?. .. Yes xxNo cxistinD body of woter? ................... Yes, xx~qo 4 77ill project hsve a poienti~lly lorge irnpoc~ " ' · on 9roundwaicr quolily? .................. -- Yes xXNo 5 ¥/ill project significonlly effcc~ dro~nage flow on odj~cenl sites? .................. ~-- Yes 6 ¥/ill project effect ony %hreotened or endangered plant or onimal species? ....... Yes XxNo 7 Will project rest, it in o meier odvcrse on oir quolity? .............................. __Yes xxNo 8Will project hove a major cf feel on visual character of the communily or scenic views or visios ~nowa io:[}e imporion~ ia the community? xx Yes__ No 9. ¥]itl projuct o{]versel) impact any silo or .' struclure o~ historic, prehistoric or polcoa%olo~icol imporloncc or any site dcsi[}nc, hcd os o criticel cnvironments], area by o local oDency? ............ -.:..v~..v.-...~'-~..v Yes xx~o 10. Yfill project, h~vc o major effec:t on exis%iho or future rccrcotiono! opportunities? ......... Yes~ Xx,No 11. ¥/il! project result in .major trs~'fic problems or cause o major cffcc~ ia exdsling Yes XXNo troospo~ to,ion systems? 12. ¥~ill project ~regulorty couse objectionoble odors, noise, Glare, vibration, or electricoI · dis¢urbonce o5 o resu!t of thc project's operation? Yesxx 13. ¥~ill projecl hove any impocl on public hesllh or .sofeiy? .................................... Yes xxNo 14. ¥;ill p~ojecl afi~ect the cxlstin0 communily Dy directly cousin[1 o orowih in permanent population of more thor~ 5 pcrcegl over o one year period or hove o major ncr]afire cff'ect on the chorc~cter o[ iht community '9l [ I I? Yes XXNo nc1 ] )or ]oo~ ................................. 15. Is lhere public conLroverf~y concernino iht unknown project? ...................................... ~ ~cs No PREPA[~ER'S SIGHAIURE REPP. L:SEHTING ESSEKS, HEFTER, CUDDY & ANGEL, Esqs. bY--W~l-ti-anr~W. Esseks Solwin Industries Ltd. DALE_ ~Apr.i! 2 1982 .--April 2, 1982 (Today's Date) To: Southold Town Main Road Southeld, NY Nonrd of Appeals 11971 Appeal Application of Solwin Industries ~.td. LucatAon of Property: north of Main Road, Orient, N. Dear Sirs: In reference to tho How York State Tidal Wetlands Land-Use R~qui:'tions, 6 NYCRR, Part 66i, and Article 25 of the New York Stero Envirr~nu.cnta]. Conservation Law, please be advised that the Hay he ]oc,~te~t within 300 fe*;t of tLlal wetlands; i~>',..,ev~,r, constructed a!onj the water-lying edge ef this p:c,p~rty is a bul,khead in very good ,.ondiuiOn and at least i00 filet in length.'~ May D~' lo:x~tcd within 300 feet of tidal wetlands; h<r4ever, ~onr. tructed along the water-lying edge of this property is a bulkhead ill need of (minor) (nv~jor) repairs, aud approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in lwuqih. [ ] May be ]{c~ted within 300 feet of tidal wetlands; and there is no bu!khcad or concrete wall existing on thc )r,,,,~ises. [ xx] Is not located wiLhiP. 300 feet of tidal wetlands [Starred i'Ler~:~ (*) indicate your property does not appear to fall'' ,.~ltn.]n the jurisdiction of the N.Y.S. D.E.C.] ;:incnrely yours, SOLWIN INDUSTRIES, LTD. BY ESSEKS, HEFTER, CUDDY & ANGEL, Esqs. t~,~-~n~o nlon~ WiLliam W. Esseks /lo,rd' Solwin Industries LTD. 79 Madison Avenue Vertical profile sketch of proposed wind farm in in East Marion, N.Y. 3-16-82 MAIN ROAD SOUTHOLD, LJ., N.Y. TELEPHONE (518) 785.18oo (516) 765 1939 6 May 1982 Esseks, Hefter,Cuddy & Angel Counselors at Law 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Application of Solwin Industries Ltd. Dear Mr. Esseks: Thank you for your letter dated April 8, 1982. I appreciate your interest and believe this would be an in- teresting project;but the Town Board has discussed it and they feel it would be inappropriate to place anything such as this on Town property. Thank you very much for your concern and interest. Sincerely yours, William R. Pell III Supervisor Southold Town WRP:jm APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals HAIN RDAD- BTATE RnAD 25 5~3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 15, 1982 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street Riverhead, NY 11901 Re: Appeals No. 2971 and 2975 Solwin Industries Ltd. Dear Mr. Esseks: Thank you for your telephone call to our office yesterday concerning the anticipated title search to determine the access to the property in question. After having received your telephone message, it was the acquiescence of the board members that once we have received documentation showing the legal access to the property and requested information concerning the topography, the board would automatically arrange to schedule these applications for public hearings as early as possible. Also, with reference to your April 8th letter, hopefully by April 20th we will be in a position to communicate further with you. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary APPEALS BOARD MEMBERS L, r GOEHrtNGER, CHAIRMAN $outhold Town Board o£ 4ppeals MAIN ROAD- STATE ROAD ~5 SOUTHE]LD, L.I., N.Y. 11971 T~LEPHONE 15~6t 76§4809 April 6, 1982 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street Riverhead, NY 11901 Re: Variance ApPlication of Solwin Industries Ltd. Dated April 2, 1982 Dear Mr. Esseks: This letter will confirm that after reviewing the recent i[)plication for a variance for Solwin Industries Ltd., the ~)llowing are COncerns regarding this proposed project: 1. Documentation COncerning suitable legal access to *:he premises in question (which should be submitted as Oarly as possible in order to be Considered for scheduling ]or a public hearing at the board's next regular meeting, I~ntatively May 7, 1982); 2. Where the proposed Structures are located in relation the lowland areas. If you have any questions please do not hesitate to , ~k YOurs very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda KOWalski Secretary M~ orandum frbm.... ~ BUILDI~TG INSPECTORS O~'FICE TOWN OF ~OUTHOLD Tow~ I~.~., SOtrraoro, N. Y. 11971 765-1802