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HomeMy WebLinkAbout3194 i I ` � s Southold Town Board of Appeals 0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3194 Application Dated December 1, 1983 (Public Hearing, held 12/28/83) TO: Mr. Mitchell M. Wilcenski [Appellant (s) ] 2800 Main Road Laurel, NY 11948 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 -Upon application -of MITCHELL `M. 'WILCENSKI, ' Main Road, Laurel, NY, for a Variance to the Zoning Ordinance, .Article I_II, Section 100731, 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 serv_ed .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 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) 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: i 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. 1000-1.25-376 .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. GOEHRINGER' CHAIRMAN January 4,._ 1984 . k Southold Town Board of A eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold- Town- Board of- Appeals- at the Town Hail, Main Road, ,(West End Conference Room) , Southold, ' New York, of WEDNESDAY, DECEMBER 28, 1983,, c.ommencing at 7:30 p.m. and as follows: 7:30 .p.m. Application for FRANK ;SIMON."arid 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. 1000-022.1_02-039..1. 7:35 p.m. Application of 'MITCHELL 'M: 'WILCENSKI, Main Road, aurel, NY for a. Variance to the- Zoning Ordinance, Article III, Section 100-32 (A) for permission to construct accessory wind generator in excess of 1.8 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 100.0-125- 3-6.1 and 7.1. - - 7:40 .p.m. Application of BERTHA. ONULA, 32345' Main Road, Orient, NY -fora- 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; - 1 7.. 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 SOU.THOLD 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. . . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . Date q.? . . . .. To -.m j�uf .)Y)•. . It",AR. .: . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . J&uA,.Pv,4-;o.. . jc;o. . . . . . .. 19 .g.3. for permit to construct —0--n in ��!!'lr�-.014-SC . • . . . . . . . . . at Location of Property o?8 . . . . . . . . r t.I.4! `�• V• • ' t House No. Street Hamlet County Tax Map No. 1000 Section . . .I aP.S . . . . . Block . . . . . . . . . . Lot 7- /. . . Subdivision . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . z. . . . . ... . . . . . . 7.4?- A. . . . . . . . . .w.� . .s .t. s. . . /. .� .�..4 �. . .A k#.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 RECEIVED • TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. J9� TvAnj Merl( Sopc,% ' DATE .............................. TO THE ZONING BOARD OF APPEALS,/TOWN OF SOUTHOLD, N. Y. 1, WeT ...A.t l l,`i.Gf.4sff..../.!....L/J l(CF J�(/-Of .......... 'rl ...4e.................................. • Name of Appellant Street and Number /zL....................................... ..... . ...:..,..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: // 7ro �j FOR: ��G�CtIN� ��/`�D t��/UEX/ WHEREBY THE BUILDING I SPECTOR DENIED TO 11/1G � `�.... .:...tdlleeffsly............ MM Name of Applicant for pe/rmiit of L.t;eLq.. �>............................ v�?- .� ................. .....��9.5�� Street and Number Municipality Stat� ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ............. ( ........,,, ,/ ..�i� /fl y..,,,,/1,�.'.7 d` Street and Hamlet T o OWNER (S) Map 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 A-D-3 Z 4 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 (h/(hn..o.tn made with respect to this decision of the Building Inspector or with respect to thiSuch appeal was ( ) request for a special perrequest for a variance and was made in Appeal No. .................. ......... ........................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (Vl/ A Variance to the Zoning Ordinance is requested for the reason that we would like to CILe CT� 4t)11gp Qd aj Ems_ Foim ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 0-f- u� t K_ t''V-a✓►' 2. =The hardship created is UNIQUE and is not shared by all properties alike in the imrnediate 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��-�� �J� � �� 7�_11-1 s TES STATE OF NEW YORK ) ss /+ ....f�.�:..... /L ......................... ... COUNTY OF 5�" �� ) Signature Sworn to this ............... A �........ , ......... day of....... j` '' .............. . 19 otar PubTic� N y CHARLES F.SPACEK Y Na 62.4507 W Yak ��wed In Suffolk County Co, Explre9 March 30,19 y ,000 - 125-03-006-! � P10007 'SECS � J08SOo34 2.5 Ro'A D) TH 6.39, 0 E f N 54- 30"GI Q - 93 b22 -SST 05d°l3'S�'C 036 - i 16 4 ' IJ .iiE - LL N52u36,22NS'Z Q o o C IfQz1 NI rSFT v��.Q� IN i M F I DWL6 L19 C i �'•. -- I cc wm W 2 QI w ',h► h LL -a 55 h XOTE: �55 �Srow-411E col 6 A• EXISTIN6 PROPERrYUWNED 6y IWITC14ELL 4 THERFS E W I L CEN s KI. �} 110.00 B. Pp,GPERTY TO BE C0 J✓FrEU TO P/%CNFZL 55 WILCE/✓SKI 2r TWE EST19TE- 555- o -ETA IL,� AD W N R 03- 50"E i v w A E 454 30I.67 e 203 Z 3I79 , , w) O Q' i N592 A5 �� 4.60 Lr) - i L, M O o o h W • o of � y 1. L y _ O s COUNTY�OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E.KOPPELMAN DIRECTOR OF PLANNING Town of Southold May 24, 1984 Board of Appeals 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 Coxmission 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 3007 Ralph & Mary Merrill 3169 Bertha Okula 3178 Robert A. Celic 3181 Dr. & Mrs, Saul Rosentreich 3182 Suffolk County National Bank 3185 John C. Diller 3186 Richard Jarzombek & Ramond Pluschau 3188 Mitchell M. Wilcenski 3194 North Fork Baptist Church 3197 Emily P. Ridgway 3199 Herbert R. Mandel 3202. Douglas Castoldi 3204 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk` Gerald G. Newman Chief Planner E RANS MEMORIAL HIGHWAY ■ HAUPPAUGE.L.I.,NEW YORK ■ 11788 o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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: XX 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< W.I•LC.ENSKI 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 : Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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. was �rantd COMMENTS: Applicant T��g A��„-y. permission to construct accy. wind generator in excess of 18--ft . i-n height. Copies of Town file and related documents enclosed herewith for your review. Dated: May 18 , 1984 Temp . Seer ary, Board of Appeals �.y Town Hall, 53095 Main Road ® P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 1983 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 rorn t e Bu' it Department ; and survey. Judith T. Terry Southold Town Clerk 1. Southold Tows Board ®f Appeals MAIN ROAD - STATE ROAD 5 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J. DOUGLASS JOSEPH H.,SAWICKI _ 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, GERARD P. GOEHRINGER XL �Enclosureda F'.' Kowalski 4 Copy of Decision to Secretary Building Department Mr. Richard Jarzombek _Z i l _ { 2. ..y Opp 125 '03-006 ! P/o007 SEG.,SNJ JOB 5003� . RQA°) _ Jim . . . . _ . 353g5p;.E 1 N -4 01330i-6 0 . I Q 93.522,,Esc o c q I�52a36 -- 5g60 U� 036- - ti� 0FV- SEj 5E�.014 IYw MI .h Z j ") 00 �55° roucaoE - oo A A. EXISTIN6 pRO E T OWNED fay MITCPHL- THERESE C S 110.00 fj. Rp, O PER TY TO BC CM EYED TO 017C ELL 5200.QQ.55 W/I C E/JSKI Q y THE EST/I-TE- Z -0ETAIL ROAD v � NCA�N 454°�3 '�0"� 3oI67 52°36-22 �.t6 3�'�4 92.45 l 4.60 W ULJ LEGAL NOTICE NOTICE ,.IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended STATE OF blE '�fOFBK Code of the Town of Southold, a Regular Meeting and the" D ' SS: following public hearings will be held by the Southold Towri COUNTY OF SUFFOLK @ Board of Appeals at the Town Hall, Main Road, (West End JUDITH A CHIEN Conference Room), Southold, of Greenport, in New EMB R WEDNESDAY, v1GCE1�IBlEit 28, 1983, said County, beingduly sworn, says that he/sho is commencing at 7:30 p.m. and Principal Clerk of THE SUFFOlLK TIMES, a RAfeekiy as follows: Newspaper, 7:30 p.m. Application forpublished at Groonport, in tho Town FRANK SIMON and of Southold, County of Suffolk and State of Now GEORGE SANBORN, 160 0 West 87th Street, New.York„/ York, and that the Notice of which the annexed is NY (by Irving L. Price;:Tr., ( a printed copy, has been regularly g y published in ZoZoning Ordinance, Article IYI,, for Variance to the L said ]Newspaper once each woek for one Zanrn Section 100-32 for permission weeks successively, commencing on the_2 2nd to construct accessory garage December $3 building in the frontyard area clay of '19 of this parcel known as 3955r - Stars Road,East Marion,-,WY.;-- County Tax Map Parcel No. 1000.022-02-0.39.1.. :35 p.m. Application- of i9IITCIIELL M. WILCENSKI, Principal Clerk Main Road, Laurel, NY for a Variance to the Zoning Ordinance,Article III,Section Sworn to before erne this 2 2nd 100-32(A) for permission to LOAN N.MAGEE construct accessory wind NOTARY PUBLIC,STATE OF NEW YORK day of_Decem P r � _ generator in excess of 18 feet NO.52-4505858 in height at remises known o USSION IN EXPSUFIRES MAROLK CH g p .� (X1M ISSION EXPIRES MARCH 30, 19Q� as 2800 Main Road, Laurel NY;,County Tax Map Parcel No:1000-125-3-6.1 and 7.1. 7:40 p.m. Application o . 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 he .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 16,1933. . BY ORDER OF % THE SOUTHOLD TOWN _-- BOARD OF APPEALS - GERARD P.GOEHRINGER CHAIRMAN 1TD22-4444 �6' :.. ".'NOTICE COUNTY OF SUFFOLK : NOTICE IS HEREBY GIV STATE OF NEW YORK EN,pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of -Southold; a` Patricia Wood, being duly sworn, says that she is the Regular Meeting and . the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, following public hearings will. be,lteld by the Southold Town-'- a public newspaper printed at Southold, in, Suffolk County; ;`Board of Appeals'at the Towzi: and that the notice of which the annexed is a printed copy, :.Hall34fatn'Raad, (yt'est End Conference Rooan); Southold, has been published in said Long Island Traveler-Watch- -'New York, on WEDNESDAY, .DECEMBER 28, 1983, cone- man once each week for ........................................weeks rnencing at.7.30 p-m. and as l`.$ollows. successively, commencing on the .................................... su comm - , 7.30- p.m. Application for day of ..................... FRANK SB40N and GEORGE; 19... SANBcRN,_mo Vest 87th Street. New :York< ;=NY '(by ._............... ......... s 3lrvenL Price.Jr..Esq. fr �g a (K 't.'EParia to the Zoning Ordin- ance, Article III, ,Section 100- 32 for permission to construct; accessory-garage building in the hrontyaQci area of this ; �a parcel known as 3935 Stars Sworn to before me this ................................ day of Road,East Marion,NY;Coun-- ,.. 3 :1y Tani Map Parcel No: 1000- . ........... 19........ 022-02-039.1; `.: 7 3� p.m Application of MITCHELL-M. WILCENSKI, ,:Main Road, Laurel, NY for a Variance_ to,.the Zoning Or--' ......... .. 0 ....................... `dinance. Article ,Ili, Section No ry Public 100-32(A) for, permission to construct accessory wind gen- eratorin excess of 18 feet in CLENIEN'TJ.11O.pSopi height at'premises known as NOTARY PUSlSC,State of New York 2011(A Main Road, Laurel, NY; Na.52-9321725 Residing in S Coummty Tax Map Parcel No. Suffolk Ccuniy 1000-125-3-6.1 and 7.1. CJmIniSSion Expires i:i�rrh?0, 1�8/r 7.40 Pan., Applicaton ' of BEI117A. OKULA,- 32345 Main Road, _Orient, NY for a ?Vaiiance-6 the.Zoning Ordin- ance, Article III, Section 100- 31,.Pul Sr3s_ "ppro -- A of. -insufficient"'-area--and .:' -- -- width of two proposed parcels located at the north side of Main Road and the west side'. of Bight Read, Orient, NY; �[ County Tag Map_Parcel No. . 4000-014-02-17. Those persons wishing to be heard regarding the above utters should appear at the time acid place indicated above. For additional infor- mation, please contact Lindai, Kowalski at 765-1809 (1802). Dated:.December 16, 1983. BY.ORDER OF THE ` SOUTHQLD TOWN BOARD , ...-OF APPEALS . GERARD P.GOEHRINGER CHAIRMAN 1T-12/22/83(32) 4 IUD O n .3.�d- BOARD OF APPEALS, T�WN OF SOUTHOLD In the Matter or9he Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: „moo 1J JAI� (3o/t; PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1 1. Th intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Variance Special Exception) (Special Permit) (Other) [circle choice] j(D t:�: Kt-cr A- fd//,/5 19�,�/L-�/��9 fJ�2 /—a�2 ���7-�2ii 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows 6�/lJ� ��f} a-gcS I�Gss«"771,�-L /�Nb /��/2ic ,z7` n 4 L 3. That the property which is the subject of such Petition is located in the following zoning district: &- /Z�S//_-6,V/g-t'_ 4. That by such Petition, the undersigned will request the following relief: �O �&E(27`5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section o —-3)_ /af 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 may then and there examine the same during regular office hours. (516) 7�5-1809. 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. Dated: 0 3 Petitioner Post Office Add ess 9, � PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) ______, residing at '-J JI> being duly sworn, deposes and says that on the 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 said persons are the addresses of said persons as shown on the current asses en roll of the Town of Southold; that said Notices were mailed at the United States Post'Of- fice at ; that said Notices were mailed to each of s4id persons by certifie (registered) mail. Sworn to before me this .� day of ��,uiu , 19 8' 17> Notary P lic CHARLES F.SPACEK N MV Na 6 -4607 W York QutNlled In Suffolk County Co nmission Expires March 30, 192S­ 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. for Frank Simon and George Sanborn Mr. Mitchell M. Wilcenski Mrs. Bertha Okula L.I. 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 RECRVE® 11993 TOWN OF SOUTHOLD, NEW YORK Town ciA %4 6,� ROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..............:............... TO TH E ZON I NG� 1, . B/OOAfRD. OF APPEALS TOWN O F SOUTHOL�D, N. Y. (fie I./' u /.1 .............................M ( fff / , Name of Appellant Street and Number ........................... ... ......................................... .....1'1,c .................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: /( /�� FOR: WHEREBY THE BUILDIN INSPECTOR DENIED TO Name of Applicant for permit of . .... .......................... .L......... .......... ..... ..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY �, ( '�1 PERMIT TO BUILD /�- /�/� ���1/G 62/FK ('�//Z!L f/d GJ� -T D 1. LOCATION OF THE PROPERTY ............ Street and H t �j I / ne /.i�.. ....- ....-'.....................�t.�.Y`... �. OWNER (S)1%i .7h-z/. . . . . . . . Map 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 r.6-0-3 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 at) been made with respect to this decision of the Building Inspector or with respect to th' pr 'p ty. Such appeal was ( ) request for a special p r i ( ) request for a varian 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 we would like to (- Gd/rvi) Form zst (Continue on other side) � .1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because . -� b� 6:-k C,) s, 7— 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 444-11 ld6,92� !AI a0c)LID 7� hJ'1_,ttc1T_- STATE OF-NEW YORK ) J ) ss ........ .7....... ...... . COUNTY OF ignature Swornto this ........................... . .. .... day of................. , ...................,........... , . 19$� Notary ful; iSl c CHARLES F.SPACEK Notary Public,State of New York No.52-45079W Oualifiad in Suffolk County COMINion Expires March 30, 19� SHORT ENVIRONMENTAL ASSESSMENT FORM ITIMUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the rn likely impacts of the action. It is not expected that additional studies, research 0 or other investigations will be undertaken. 0 (b) If any question has been answered Yes the project may be significant and a Ln ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . Yes No rn r-i 2. Will there be a major change to any unique or r-A unusual land form found on the site? . . . . . Yes -No_ 2 3• Will project alter or have a large effect on an existing body of water? Yes V No b 4. Will project have a potentially large impact, on 7No *0 groundwater quality? Yes � 5• Will project significantly effect drainage flow 0 - on adjacent sites? Yes No U 6. Will project affect any threatened or endangered b plant or animal species? Yes No 0 7. Will project result in a major adverse- effect on air quality? Yes ✓ No 8. Will project have a major effect on visual char- / acter of the community or scenic views or vistas d/ known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological 0 importance or any site designated as a critical a environmental area by a local agency? Yes 7No /No K4 10. Will project have a major effect on existing or4-4 future recreational opportunities? Yes 0 ro 11. Will project.result' in major traffic problems or / �4 cause a major effect to existing transportation M systems? . . . . . . . Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes o 0 13• Will project have any impact on public health or N safety? . . . . . . . . Yes No o lb. Will project affect the existing community by directly causing a growth in permanent popula- Ei tion of more than 5 percent over a one-year 1CJ period or have a major negative effect on the -i character of the community or neighborhood? . Yes 'o 15• Is there,public controver y c=�TITLE: e project? Yes No 0 PREPARER'S SIGNATURE: . cn _ REPRESENTING: DATE: /2_ �-� 9/1/78 _r l� i 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.- 51-6=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. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100.' in length [ ] 3. Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: . .. [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above' mean sea level [ 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/w.aterfront areas. [ ] 6. This proposed addition/expansion of an existing building will. NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. 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 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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