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
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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
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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