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HomeMy WebLinkAboutZBA-12/12/1980 SPEC APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN JR. ROBERT .I. DOUGLASS GERARD P. GOEHRINGER Ooseph H. Saw~ck~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 r~OUTHDLD. L.I., N.Y. 11971 TELEPHONE (516] 765-1809 MINUTES SPECIAL MEETING HELD DECEMBER 12_, 1980 A Special Meeting of the Southold Town Board of Appeals was held on Friday, December 12, 1980 at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Gerard P. Goehringer; Joseph H. Sawicki. Absent were: Robert J. Douglass and Serge J. Doyen, Jr. RESERVED DECISION: Appeal No. FA-4. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brentwood, NY 11717 for a Variance to the Flood Damage Prevention Law, Chapter 46, Sections 46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone at the south side of Wiggins Lane, Greenport, NY; bounded north by Wiggins Lane; south by Fordham Canal; west by Prato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21. Upon investigation and personal inspection of the premises, the Board finds as follows: The lot in question has approximately .65 acreage; and the plot plan submitted to the Board indicates that the area of the lot where the dwell- ing is to be constructed h'as an elevation of 10.1 feet above mean sea level. The applicant proposes to construct a basement with a finished floor 4.0 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a Zone A-5 with an elevation of 8 feet. The Board finds there are several homes contiguous to and in the neighbor- hood of the lot in question. The dwellings constructed on these lots are on lots of a similar size and the dwellings constructed thereon are con- str~cted below the base flood level. The Board therefore finds that the lot in question meets the standards set forth in Section 46-t6A of the Code since it contains an area of less than one-half acre and is contiguous to Page 2 Southold Town Board of Appeals Special Meeting of December 12, 1980 and surrounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all tech- nical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, sub- divisions (1) to (11), inclusive of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public e~pense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Harold and Hattie Stetler, applicants herein, be and hereby are granted a variance from the provisions of the Flood Damage Prevention Law of the Town of Southold to construct a one-family private dwelling on premises located on the south side of Wiggins Lane, Greenport, NY; bounded north by Wiggins Lane; south by Fordham Canal; west by Prato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21; with the finished basement floor to be elevated 4.0 feet above mean sea level, SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That the basement be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) That the floodproofing requirements be certified by a registered professional engineer or architect as meeting the standards set forth in the preceding paragraph hereof; (3) That such certification be filed with the Building Inspector and with the Board of Zoning Appeals of the Town of Southold (4) That prior to the commencement of construction, the applicant apply for and obtain a development permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage Prevention Law. AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit Page 3 Southold Town Board of Appeals Special Meeting of December 12, 1980 copies of this determination to the applicants and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Grigonis, Goehringer and Sawicki. Absent were: Messrs. Doyen and Douglass. The Chairman declared the meeting closed at 4:30 o'clock p.m. Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals APPROVED