HomeMy WebLinkAboutFL-10Peter's Neck Point, Orient
CA-construct cellarslab approximately
eight feet above mean sea level in this
V-5 Coastal Flood Zone and presumably
without structural support a~d anchorage
by pitings or columns.
Southold Town Board o£Appeals
MAIN ROAD- ~:TATE ROAD 25 SOUTHOLD, L.I.. N.Y.
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. FL-10
Application Dated November 20, 1981
TO:
Mr. James P. Lathem
Plum Island Lane
Orient, NY 11957
TELEPHONE (516) 765-1809
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on December 17~ 1981
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
[ ] Request for Variance to the Zoning Ordinance
Article , Section
Prevention LaJx] Request for Variance to Section 46-19, Flood Damage
Upon application of James P. Latham, Plum Island Lane, Orient,
NY, for a Variance to the Flood Damage Prevention Law, Chapter 46,
Section 46-19 for permission to construct cellar slab approximately
eight feet above mean sea level in this V-5 Coastal Flood Zone and
presumably without structural support and anchorage by pilings or
columns (or with fill/without breakway walls). Location of Property:
Private Road (Peter's Neck Point), Orient, NY; bounded north by G.
Latham and Gids Bay; west by Strachan, Private Road, and Bliss;
east and south by Orient Harbor; County Tax Map Parcel No. 1000-
32-1-12.
By this appeal, applicant seeks permission to anchor the
proposed new one-family dwelling on pilings and "capping" it with
cement footings, having 12' block for a small crawl space area.
The subject premises is located in a V-5 Flood Zone with a minimum
elevation requirement of eight feet above mean sea level for the
lowest portion of the structural members of the lowest floor, with
all space below the lowest floor's supporting member open so as not
to impede the flow of water and no fill used for structural support
(Section 46-19B). The plot plan submitted to the Board indicates
that the location of the lowest floor has an elevation at or above
eight feet above mean sea level.
It is the understanding of the board that a modification
of the zone designation for this area from a V-5 zone to A~5 is
in its preliminary stages as of September 24, 1981, and if.this
change adopted, applicant would be permitted to construct in the
manner applied for in this application without the requirement of
a variance to the Flood Plain Management Law.
The premises in question contains an area of 67,000 square
feet as shown on Map dated April 2, 1981, amended August 10, 1981
submitted with the appeal application, with frontage along a 25'
private right-of-way of 68.29 feet. The parcel is known as Lot 2
of the Minor Subdivision of George R. Latham approved by the Plan-
ning Board September 14, 1981.
(SEE PAGE TWO)
DATED: January ~, 1982.
Form ZB4 (rev. 12/81)
~~ING BOARD
OF APPEALS
Page 2
Appeal No. FL-10 - James P. Latham
Decision Rendered December 17, 1981
In passing upon this application, the Board has considered
all technical evaluations; all relevant factors; all standards
specified in the Code; and all of the applicable factors contained
in Section 46-15B, subdivisions (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 ~ant 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 expense, or create nuisances, or cause fraud,
or victimize the public, or conflict with existing local laws or
rules or regulations.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that the application of James P. Latham, Appeal
No. FL-10, BE AND HEREBY IS GRANTED a variance from the provisions
of the Flood Plain Management Law of the Town of Southold as applied
for and SUBJECT TO THE FOLLOWING CONDITIONS, to wit:
(1) 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;
(2) That there shall be no habitable
the 8' minimum elevation above mean sea level,
at any time;
(living) area below
nor any utilities,
(3) That this project is subject to all other rules and
regulations concerning this property; i.e. DEC Tidal Wetlands
Permit #TW S78-0167, et set.;
(4) Suffolk County Planning Commission referral pursuant
to Sections 1323, et seq. of the Suffolk County Charter;
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 per-
mitted to be built as applied for and that the cost of flood insur-
ance will be commensurate with the increased risk, if any, resulting
from same;
AND IT IS FURTHER RESOLVED, that the Secretary to this Board
transmit copies of this determination to the applicants and to the
Town Building Inspector.
Location of Property: Private Road (Peter's Neck Point),
Orient, NY; County Tax Map Parcel No. 1000-32-1-part of 12;
Minor Subdivision of George R. Latham Lot No. 2.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
This resolution was una~
RECEIVED AND 2/LED BY
THE SOUTHOLD TOWN CLERK
DATE i /~/E~ HOUR//.',3~,4,.~
_
imously adopted.
COUNTY OF SUFFOLKS)
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
Mr. o~o~e ~. LateLy,
Box 25
0~, New York 11957
Re: Proposed Minor Subdivision of Pete Neck Poi~, Situate OtiS,
So,hold
(T}
You.~ application has been denied by the General Engineering office because
~t doe~ not meet the requ~ments of Article 6, Section 605 lb, Section 606
Id and 2c, of the Suffolk County Sa~ Code.
A review of you case has been schedu~d at the Cou~y Center building,
giverhead, in the Suffolk County Department of Heath Services Conference
Room, 2nd floor, No~h Wing, on Ma~ch 19, 1982, at 2:30 p.m.
You and/or i~erested part~ ~e requested to appea~, w~h or mithout coun-
sel, and you may produce any informa~on or evidence coneer~ing the above
r~ferenced subdivision.
A~o Andreoli, P.E.
Cha~an
Board of Review
AA:cab
Mr. Joseph H. Baier
. Mr. James L. Corbin
Mr. Royal R. Reynolds
Mr. charles Lind
(516} 548-3317
Southo wn Boar of Appeals
NIAIN Rr1AD STATE Rr1AD 25 SOUTHrlLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER · (~ta~
JOSEPH H. SAWICKI
Y~. James P, Latham
Plu~ Island Lane
Orient, NY 11957
Rez Appeal No. FL-10
Dear Sir:
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and ~'
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal has been approved, please be
sure to return to the Building Department for approval of any
new construction or for a certificate of occupancy of the
premises, as may be applicable.
If you have any questions, please do not hesitate to call
either our office or that of the Building Inspector at 765-1802.
Yours very truly,
GG:lk
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
Secretary
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE Rr'IAD 25 SC~UTHrll..D, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
January 4, 1982
Mr. James P. Latham
Plum Island Lane
Orient, NY 11957
Re: Appeal No. FL-10
Dear Mr. Latham:
Please be advised that the following action was taken on
your recent appeal at a Regular Meeting held on Thursday,
December 17, 1981:
RESOLVED, that the application of James P. Latham, Appeal
No. FL-10 be GRANTEDr SUBJECT TO THE FOLLOWING CONDITIONS:
1. 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;
2. That there shall be no habitable (living) area below
the 8' minimum elevation above mean sea level, nor any utilities,
at any time;
3. That this project is subject to all other rules and
regulations concerning this property; i.e. DEC Tidal Wetlands
Permit #TW S78-0167, etc.;
4. Suffolk County Planning Commission referral pursuant
to Sections 1323, et seq. of the Suffolk County Charter.
This resolution was unanimously adopted.
An official determination and findings will be filed with
Page 2
James P. Latham
Re: Appeal No.
FL-10
the office of the Town Clerk as soon as possible and simultaneously
forwarded to you for your records.
If you have any questions, please do not hesitate to call our
office. Also, if you wish to start construction as early as possible,
please return to or call the Building Department (765-1802) for
issuance of your building permit.
Yours very truly,
CHARLES GRIGO~S, JR.
CHAIRMAN
CG:lk
Southold Town B
of Appeals -3- December 17, 1981
~al No. 2922 Frank E. Brophy continued:)
)licant has previously applied to this board for approvals
of a addition along the frontyard of the dwelling with a
of three feet or less from the front property line. The
board that the deck addition originally applied in Appeal
Nos. and 2693 exceeded 20% of the maximum-permitted lot
coverage iequired of the zoning code, and the variances were
denied.
In cf
variance
herein are
detriment
difficulty
other than a
on available
that the
general
will be served
sidering this appeal, the board determines that the
uest is not substantial; that the circumstances
ue; that by allowing the variance no substantial
adjoining properties would be created; that the
be obviated by a method, feasible to appellant,
; that no adverse effects will be produced
facilities of any increased population;
requested will be in harmony with and promote the
of zoning; and that the interests of justice
allowing the variance.
On motion
was
RESOLVED,
No. 2922, for a
front and side
Mr. Grigonis, seconded by Mr. Goehringer, it
~t the application of Frank E. Brophy~ Appeal
~k addition to dwelling with an insufficient
setback, be GRANTED AS APPLIED FOR.
Location of Pi )perty: 75 Second Street, New Suffolk, NY;
County Tax Map 1 No. 1000-117-10-20.7.
Vote of the Bo~
ringer and Sawicki.
resolution was adopt~
: Ayes: Messrs. Grigonis, Doyen, Goeh-
Mr. Douglass was absent at the time this
)
Motion was made Mr. Goehringer, seconded by Mr. Sawicki,
to APPROVE the minutes the December 5, 1981 Special Meeting.
Vote of the Board:
ringer and Sawicki. (Mr.
resolution was adopted.)
7es:
Messrs. Doyen, Grigonis, Goeh-
was absent at the time this
Member Douglass arrived.
PUBLIC HEARING: Appeal No. FL-10.
Application of James P. Latham, Plum Island Lane, Orient, NY
for a Variance to the Flood Damage Prevention Law, Chapter 46,
Section 46-19 for permission to construct cellar slab approximately
eight feet above mean sea level in this V-5 Coastal Flood Zone and
presumably without structural support and anchorage by pilings or
columns. Location of Property: Private Road (Peter's Neck Pt.),
Southold Town Bo~ of Appeals -4- December 17, 1981
(Appeal No. FL-10 - James P. Latham continued:)
Orient, NY; bounded north by G. Latham and Gids Bay; west by
Strachan, Private Road, and Bliss; east and south by Orient
Harbor; County Tax Map Parcel No. 1000-32-1-12.
The Chairman opened ~he hearing at approximately 7:25 p.m.,
read the legal notice in its entirety and appeal application.
MR. CHAIRMAN: Is there anything you would like to add to
what is in the application?
JAMES LATHAM: I just wanted to, I turned in that sketch--
MR. CHAIRMAN: Yes, we have it here.
MR. LATHAM: So it would be, because of the area down there,
want to put in a piling and then cap it with a cement footing and
have this 12" block for a small crawl space just so the house
would be that tighter, and I think, you know, good strong construc-
tion, and the way it would be graded up against it would eliminate
the way I understand under V-5, they request some kind of a breakaway
wall between the piles and the underground, which in this area I
don't believe that would be required. Also, going on the fact that,
and I understand that there is a proposed legislation to change that
area from a V-5 to an A-area, which would enable me to do this, so
if the board would see fit to grant me a variance before that law
is signed.
MR. CHAIRMAN: Thank you,
to speak against this? (None)
tions they would like to ask?
Mr. Latham. Anyone else? Anyone
Do the board members have any ques-
MEMBER GOEHRINGER: Just one. Mr. Latham, this is going to
be on the outside, all the way around the exterior walls, the four
exterior walls?
MR. LATHAM: Yes.
MEMBER GOEHRINGER: What would be in the center then, actual
pilings or would the girders be supported on the outside foundation?
MR. LATHAM: No, in the center of the house where the main
girder runs through, the piles would come right up. Instead of
cutting them off and putting a lolly column, it will just run right
up under the girders.
MEMBER GOEHRINGER: Thank you.
MR. CHAIRMAN: Any other questions? (None) Are you in a great
big hurry to get started on this? Would a few days make much dif-
ference?
MR. LATHAM: Well, no.
Southold Town Bo~ of Appeals -5-
December 17, 1981
(Appeal No. FL-10 - James P. Latham continued:)
MR. CHAIRMAN: This is fairly new to us. We want to make
sure we have all the angles covered, and if we went ahead and
told you to go ahead with something and thinking that it's
right, and all of a sudden find out it's wrong and then you
already had started something, so--
MR. LATHAM: Yes, I understand.
MR. CHAIRMAN: So I'll offer a resolution closing the hear-
ing and reserving decision for a few days.
MEMBER SAWICKI: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision for a
few days in the matter of James P. Latham in Appeal No. FL-10.
Vote of the Board: Ayes: Messrs. Doyen,
Goehringer and Sawicki.
This resolution was unanimously adopted.
Douglass,
Grigonis,
Mr. James P. La~,,am
Plum Island Lane
Orient, Ne'..; York 11957
DEPAF;'Ti'4Ek,IT OF ' ="~ '
..... k FH SERVICES
/own of Soulhold'
F:E: Development of George R. Latham, Jr.
Pete Neck Point
Situate: Orient (T) Southold
Dear I4r. Latham:
The! subject developmcnt is not being processed for approval since it has not
confo}m:ed with Article VI of the ' '~ "
Su,,ol,, County Sanitary Code - Realty Subdivision
and ~eve! opmr~t:
Section 605 lb: The development is located in the area where
the groundwater conditions are not conducive to the proper
functioning of sewage systems (approximately 3 feet to
ground.:ater).
.Section 605 ld, 2c: Groundwaters in the area. are non-potable
(limited water supply, nitrates anJ pesticides.
ln'a.'.h]ition, prior to furti~er processing this application, we are requesting
clarifics'~ion of the wetlands from the New York State Department of Conservation.
in l'i~u of this, we WOL!Id like to bring to your attention that there is an
appeal procedure whereby an applicaF~t may request a variance from these standards.
In order to apply for a variance, it is necessary to write a letter to
Mr. Aldo Andreoli, P.E., Chain,~an
Board of Review
Suffolk County Department of F, ealth Services
225 Rabr-., Drive East
Hauppaug~, f!ew York 11788
t,,_ reason why such a variance s.,uuld be granted, n.o~,.~
stating '-~ ~'* ,.~q.~st., for ' '
N afl anc..~.
.will be scheduled prcmptly for a hearing before ~},~ D~p~r~n~.=nt s Board of Review,
whereby an applicant can present, his ', -'
3us~ fication for a variance:
RRR:ljr
cc: Charles Grig(mis, Jr., Chairman
_~Sou[hold Town Board of Al)peals
Very truly yours,
Royal R. Reynolds, P.E.
Public Ilealth Enqin~er
General Engineering Services
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
COMMISSIONER
Mr. Charles Grigonis, Jr.
Southold Town Board of Appeals
Main Road
State Road 25
Southold, New York 11971
December 23, 1981
To ' a oi $o hold
RE:
Minor Subdivision of George R.
Latham, Jr.
Pete Neck Point
Situate: Orient (T) Southold
Appeal No. 10-FL
Dear Mr. Grigonis:
I am in receipt of your letter concerning the above referenced Appeal
No. 10-FL.
Enclosed is a copy of a letter to Mr. Latham which outlines the water
supply and sewage disposal problems on this property. We are awaiting resolution
of these problems prior to granting any approvals.
If you have any questions, please feel free to contact me.
Very truly yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:ljr
enclosure
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D,,
December 23, 1981
Mr. James P. Latham
Plum Island Lane
Orient, New York 11957
Dear Mr. Latham:
RE:
Development of George R. Latham, Jr.
Pete Neck Point
Situate: Orient (T) Southold
The subject development is not being processed for approval since it has net
conformed with Article VI of the Suffolk County Sanitary Code - Realty Subdivision
and Development:
Section 605 lb: The development is located in the area where
the groundwater conditions are not conducive to the proper
functioning of sewage systems (approximately 3 feet to
groundwater).
Section 606 ld, 2c: Groundwaters in the area are non-potable
(limited water supply, nitrates and pesticides.
In addition, prior to further processing this application, we are requesting
clarification of the wetlands from the New York State Department of Conservation.
In lieu of this, we would like to bring to your attention that there is an
appeal procedure whereby an applicant may request a variance from these standards.
In order to apply for a variance, it is necessary to write a letter to
Mr. Aldo Andreoli, P.E., Chairman
Board of Review
Suffolk County Department of Health Services
225 Rabro Drive East
Hauppauge, New York 11788
stating the reason why such a variance should be granted. Requests for variances
will be scheduled promptly for a hearing before the Department's Board of Review,
whereby an applicant can present his justification for a variance.
RRR:ljr
cc~arles Grigonis, Jr., Chairman
Southold Town Board of Appeals
Very truly yours,
Royal R. Reynolds,
Public Health [n§ineer
General £ngineering Services
{516) 727'470~
T6day' s Date:
~,Ier6bers Absent, if any:
T~rs~ay, December 17, 1981
Appeal No. FL-10
Agenda Item/~Iatter of: James~P. Latham
Type of Variance or Appeal: To construct crawl space underneath dwelling rather
~han p~£nq~/Dolu~ns~ea-~k-~y waLLs
er e
~Charles ~oy~n ~Robert ~ G~rard
· . UOU? ~..~"'~ oe ar ].n ge r ~T°seph'
Resolution made by: ( )/ ( ) (~') . ( ) ' . ( )
Seconded by: ( ~,~
{ 1~ Approve with the follo_~ing conditions:
(SEE REVERSE)
Action:
( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( ) Deny without prejudice
( ) lgithdrawn without
Prejudice
( )
( [/)",Subject to County Planning referral
( ) Subiect to Planning Board approval
( ) Subiect to D.E.C. requlations ( ) Other:
Findings of the Board are as follows: Federal Emergency Management Agency is consideri
changes in this area from an V-5-'F1ood Zone to an A-/ (~£. ~0:).
Other:
Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within
Variance is Substantial in Relation to Code
Not in ha~n_ .gny .with purposes of the Cote
Hardship not sufiicient
Circumstances are. Not Unique :
1~;ill set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
of the Board: A 5'es: ( ./)'/~G (,..~D
Vote
Nay: ( ) ( )
Abstain: ( ) ( )
Absent: ( ) . ( )
spirit of the zoning code
( ) Relief is not substmntial
( ) Burden of hardship or difficulty Shown
( ) Circumstances are unique
( ) Variance will not change character of
the neighborhood
( ) Interests of Justice served by grantin~
( ) Othe~ for Special Exceptions
(
(
(
()GG
()
()
()
(
(
(
(1) 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 Preven-
tion Law;
(2) That there shall be no habitable (living) area below the 8'
minimum elevation above mean sea level, nor any utilities, at
any time;
(3) That this project is subject to all other rules and regula-
tions concerning this property; i.e. DEC Tidal Wetlands Permit
#TW S78-0167, etc.
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 crawl space as shown in the building
plans submitted with this appeal, and that the cost of flood
insurance will be commensurate with the increased risk result-
ing from same, if any;
AND IT IS FURTHER RESOLVED, that the Secretary to this Board trans-
mit copies of this determination to the applicant and to the Town
Building Inspector.
L
GARDINERS BAY
?
FOLD
WAVE HEIGHT STUDY
Refer to me FLOOD INSURANCE RATE MAP EFFECTIVE
established
To oetermlne if flooc nsuranee is available in this community,
contact your insurance agent, or call the Nationa] Flood Insurance
Program at {800) 638-6620.
APPROXI,M ~oTE SCALE
NATIONAL FLOOD INSURANCE PROGRAM
FIRM
FLOOD INSURANCE RATE MAP
TOWN OF
SOUTHOLD,
NEW YORK
SUFFOLK COUNTY
PANEL 48 OF 120
COMMUNITY-PANEL NUMBER
360813 0048 B
MAP REVISED-:
federal emergency management agbncy /
Board of ppeals
Town oi Soul.hold
December ~, 1981
Mr. Royal R. Reynolds
Public Health Engineer
Suffolk County Health Department
County Center
Riverhead, NY 11901
Appeal No.
J~u~es P. Latha/~
New Dwe!linq/Gidu Bay and Oric~nt Harbor Frontage
Dear ~r. Reynolds:
P, ecenkly, thc ]3oa.rd of ~L~ppcals receiYed Abe subjec~ appeal
application for a Variance co the Flood Damage Prevention Law
of the Tow~ of Southold ~or Dermiss~on ~o construct a new
one--family in a V-5 U.i~h Hazard F%ood Area which requires an
~;3evatio.~ abc,v~ mean ~3e~ _level of ~ht feet.and anchorage by
pilings or co,lumens. Applicant wishes to construct the d%;el!-
inq on a cement footing and crawl space.
The Boar~{ respect~ully requests your co.~u?.ents and/or
possible restrictions concerning areas requiring approval
by you. This ~'~plicat~on will b~ held for Dubl~c hearing
on or about December ~7, !9~1.
Thank you for your assistance.
CG:lk
Enclosures
Yours very truly,
CHAP~LES GRIC~OMIS ,
CHAIRMAN
JR.
LEGAL NOTICE
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 -f
the Town Law and the Provi-
sions 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
Hall. Main Road, Southold,
N.Y. on Thursday, December
17, 1981 commencing at 7:15
o'clock p.m. as follows:
7:15 p.m. Application of
Frank E. Brophy, 75 Second
Street,, New Suffolk, N.Y. for a
Variance to the Zoning Ordin-
ance, Article II1, Section 100-
31, Bulk Schedule, for permis-
sion to construct deck addition
to dwelling with an insufficient
front and side yard setback at
75 Second Street, New Suffolk,
N.Y.; bounded north by Grath-
wahl & aha.; west by Martin;
south by Wetzel, Grathwohl
and aha.; east by Second
Street. County Tax Map Parcel
No. 1000-117-10-20.7.
7:25 p.m. Application by
James P · Latham, Plum
Island Lane, Orient, N.Y. for a
Variance to the Flood Damage
~ Pr~,ention Law, Chapter 46,
Section 46-19 for permission to
--gonstru~ cellar slab approxi-
mately eight feet above mean
sea level in this V-5 Coastal
Flood Zone and without struc-
--rural S'fi~'-gport ~nd anchorage
by pilings or columns_..
."~"~on ~pert,y: Private Road
'(Peter's Neck Pt.), Orient,
N.Y.; bounded north 0y
Latham and Gids Bay; west by
Strachan, Private Road, and
Bliss; east and south by Orient
Harbor County Tax Map
Strong; west by Wilsberg.
Strong and James Creek;
south by Kreh & aha.; east by
Kreh & eno. County Tax Map
Parcel No. 1000-122-9-6.1.
8:05 p.m. Application of Jay
P. & M. Joanne Davis-Slotkin.
Box 950, Cutchogue, N.Y. for
a Variance to the Zoning
Ordinance. Article 111. Section
100-30 for permission to est~*b-
lish professional medical offi
Residential and Agricultural at
50 Ackcrly Pond Road ia k a
4'-)725 Main Road). Southuld.
---- N.Y.: bounded north by
Tax Map Parcel No. 1000-70-5-
4.
8:20 p.m. Application of
Martin Nelsen, Great Peconic
Bay Boulevard, Laurel, N.Y.,
for a Variance to the Zoning
Ordinance, Article IIL Section
100-31 for permission to con-
in frontyard area at 2835 Great
Peconic Bay Boulevard, Laur-
el, N.Y.; bounded north by
Williams; west by Wendy
Drive; south by Gr. Peconic
Bay Blvd.; east by Blvd. and
Kennedy. County Tax Map
Parcel No. 1000-128-5-4.
8:25 p.m. Application of
William J. Clark, Esq. for
Joseph Yaboni and Myron
Hauptman, Middle Road,
Mattituck, N.Y. for a Variance
to the Zoning Ordinance,
Article ltl, Sections 100-30 (A(
and 100-32B for approval of
insufficient side yard areas of
existing buildings due to Iaea-
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
¢ public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............. ~ ......................... weeks
successively, commencing on the ...~.C3 ..........................
..........
Sworn to before me this ......... .~...~..'. ............... day of
......... ........... ,
CLEMENT J. THOMPSON
NOTA~ PU81.1C Stat~ Of N~
~g.
Commls~n ExpL~ Ma,'eh ~
lion of new lot lines. Localion
of Property: Oregon Road and
Elijah's Lane. Mattituck.
N.Y.; bounded north by North
Road and Reliable Associates;
west by Elijah's Lane; south
by Tuthill; east by Yaboni &
aha. County Tax Map Parcel
No. 1000-100-4-6.
8:40 p.m. Application of
William A. Krietsek, 9030
Soundview Avenue, $outhold,
N.Y. for a Variance to the
Zoning Ordinance Article lit,
Section 100-31, Bulk Schedule
for approval of the construc-
tion of attached deck and pool
with reduced rearyard setback
at 9030 Soundview Avenue,
Southold, N.Y.; bounded north
and east by Grartan; south by
Mudd; west by Kreitsek.
County Tax Map Parcel No.
1000-59-7-27.2.
8:45 p.m. Application of
Richard A. Miller, 2895 Al-
drich Lane, Laurel, N.Y. for a
Variance to the Zoning Or-
dinance, Article Ill, Sectio~
100-32 for permission to con-
struct wind generator exceed-
ing the maximum height re-
quirements at 289S Aldrich
Lane, Laurel, N.Y.; bounded
north and west by Town of
Southold; east by Aldrich
Lane; south by Boschetti.
County Tax Map Parcel No.
1000-12S-2-1.S.
December S, 1981
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
1T-12/10/81110)
Legal Notices
LEGALNOTICE
NOTICE IS HEREBY
GIVEN, pursuant toSection267
of the Town Law and the
Provisions of the Amended
Code of the Town of Southold, a
Regular Meeting and the fol-
lowing public hearings will be
held by the Southold Town
Board of Appeals at the Town
Hall, Main Read, Southold, NY
on Thursday, December 17,
1981 commencing at 7.:15
o'clockp.m.as follows:
7:15 p.m. Application of
Frank E. Brophy, 75 Second
Street, New Suffolk, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule, for
permission to construct deck
addition to dwelling with an in-
sufficient front and side yard
setback at 78 Second Street,
New Suffolk, NY; bounded
north by Grathwohl & ann.;
west by Martin; south by
Wetzel, Grathwohl and ann.;
east by Second Street. County
TaxMapParcelNo. 100O.117-1O.
20.7.
7:25 p.m. Aunlication of
James P. Latham Plum Island
'Lanei Orient, NT~ for a Var-
iafic~ lo the Flood Damal~e Pre-
*ventron Law, Chai~ter ~4~
-'construct cellar slab
approximately mgnt feet a bore'
_structural suuoort and aneh~r-
age by Diiings or
Location of Property: Private
'~rlem,, Ny bounded north I~y
'DvStraeh~n Priwt~l~n'n;I aqd
Bliss; east and south by Orient
-Hart)or. County Tax Map
(:sup.m. Apphcat~on0fJanet
A. Davis. Carrington Road,
Cutchogue, NY for a Variance
to the Zoning Ordinance,
Article III, Section 100-30A, B
for permission to operate an
antique shop in an A-Agricul-
tural & Residential District.
LocationofProperty: Coruerof
Main Road and Pequash
Avenue, Cutchogue, NY;
bounded north by Scharadln;
west by S.R. 25; south by Pc-
quash Avenue; east by
Carroza. County Tax Map
ParcelNo. 1000-102-3-7.
7: 50p.m. ApplicationofPeter
NY for a Variance to the Zoning
Ordinance, Article III, Sections
100-31 and 100-34 for permis-
sion to construct deck addition
to dwelling with reduction of
frontyard area and beyond
property line. Location of Pro-
perty: 1170 Huntington Bird
(a/k/a 565 Sound Ave.), Pc-
conic, NY; bounded north by
Murdock; west by Sound View
Ave.; south by Huntington
Blvd.; east by Hoffman;
County Tax Map Parcel No.
100O.67-2-1.
7:55 p.m. Application of
David Strong, by Richard J.
Cron, Esq., Main Road, Cut-
chogue, NY for a Variance to
the Zoning Ordinance, Article
XIV, Section 100-141(D) for
permission to construct
additions to existing building
pursuant to Appeal No. 825.
Location of Property: 2400
Camp Mineola Road, Matti-
tuck, NY; bounded north by
Strong; west by Wilsberg,
Strong and James Creek; south
by Kreh & ann.; east by Kreh &
ann. County Tax Map Parcel
No. 100O.122-9-6.1.
8:05 p.m. Application of Jay
P. & M. Joanne Davis-Slntkin,
Box 950, Cutchogue, NY for a
~ariance to the Zoning Ordin- ,., .....
ance, Article III, Section 10O.30 I~, rUIXl~ )
for permission to establish pro- ) SS:
fessional medical offices on ........
premises zoned "A" ~UrruLr~ )
Residential and AgricuRural at
50 Ackerly Pond Road (a/k/a .iq_ ~y~]CO
49725 Main Road), Southold, , ..................................................... o! Greenport, in said County,
NY; bounded north by S a representative ol THE SUFFOLK TIMES, a weekly
Johnson; west by Baker and
ano.; south by Ackerly Pond dblished at Greenport, in the Town of Southold, County
Lane; east by Main Road.
County Tax Map Parcel No. te of New York, and annexed is a printed copy that has
1000-70-5-4. ly published in said newspaper once in each week
8:20 p.m. Application of
Martin Nelsen, Great Peconic .. week(s) successively, commencing the._.l..~.~ day
BayBoulevard,Laurel, NY,for e.~: 19 ~1
a Variance to the Zoning Ordin_ ' ............... , ..........................
ance, Ar ticle III, Section 10O.31 .....~...~~ .~.
for permission to construct
addition with reductionin front ....
yardarea at 2835 Great Peconic
Bay Boulevard, Laurel, NY;
bounded north by Williams; ore me this ........... .I....Q.~.~ ...................
westbyWendyDrive southby !E113~ 19........~..1 ..........................
Gr. Pecon c Bay Blvd.; east by ....................................
Blvd.andKennedy. CountyTax
MapParcelNo. 1000-128-5-4.
8:25 p.m. Application of
William J. Clark, Esq. for Jo-
seph Yaboni and Myron Haupt-
man, Middle Road, Mattituck,
NY for a Variance to the Zoning
Ordinance Article III, Sec-
tons 100-30(A) and 10O.32B for
approval of insufficient side
yard areas of existing buildings
due to leeation of new lot lines.
Location of Property,: Oregon
Road and Elijah s Lane,
Mattituck, NY; bounded north
by North Road and Reliable
~aSSOciates; west by Elijah's
ne; south by Tuthill; east by
Yabeni & ann. County Tax Map
ParcelNo. 1000-100~-6.
8:40 p.m. Application of
William A. Kreitsek, 9030
Soundview Avenue, Southold,
NY for a Variance to the Zoning
Ordinance Article III, Section
100-31, Bulk Schedule for ap-
proval of the construction of at-
tached deck and pool with re-
duced rearyard setback at 9030
Soundview Avenue, Southold,
NY; bounded north and east by
Grattan; south by Mudd; west
by Kreitsek. County Tax Map
Parcel No. 100O.59-7-27.2.
8:45 p.m. Application of
Richard A. Miller, 2895 Aldrich
Lane, Laurel, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to
construct wind generator
exceeding the maximum
height requirements at 2895
Aldrich Lane, Laurel, NY;
bounded north and west by
Town of Southold; east by
Aldrich Lane; south by
Boschetti. County Tax Map
PareelNo. 1000-125-2-1.5.
Dated: December5,1981.
BYORDEROF
THESOUTHOLDTOWN
BOARDOFAPPEALS
1TDlo-3823
H~tEN K D£ VOE
LEGAL NOTICE
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 Hall, Main Road,
Southold, NY on Thursday, December 17, 1981 commencing at 7:15
o'clock p.m. as follows:
7:15 p.m. Application of Frank E. Brophy, 75 Second Street,
New Suffolk, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedule, for permission to construct
deck addition to dwelling with an insufficient front and side yard
setback at 75 Second Street, New Suffolk, NY; bounded north by
Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and
ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7.
7:25 p.m. Application of James P. Latham, Plum Island Lane,~
ient, NY for a Variance to the Flood Damage Prevention Law,
Chapter 46, Section 46-19 for permission to construct cellar slab '
approximately eight feet above mean sea level in this V-5 Coastal
Flood Zone and without structural support and anchorage by pilings >
or columns. Location of Property: Private Road (Peter's Neck Pt.)
coOrient, NY; bounded north by G. Latham and Gids Bay; west by
Strachan, Private Road, and Bliss; east and south by Orient Harbor.
unty Tax Map Parcel No. 1000-32-1-12.
7:35 p.m. Application of Janet A. Davis, Carrington Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-30A, B for permission to operate an antique shop in
an A-Agricultural & Residential District. Location of Property:
Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded
north by Scharadin; west by S.R. 25; south by Pequash Avenue; east
by Carroza. County Tax Map Parcel No. 1000-102-3-7.
7:50 p.m. Application of Peter S. Terranova, Box 77, Peconic,
NY for a Variance to the Zoning Ordinance, Article III, Sections
100-31 and 100-34 for permission to construct deck addition to
dwelling with reduction of frontyard area and beyond property line.
Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.),
Peconic, NY; bounded north by Murdock; west by Sound View Ave.;
JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ot~ VITAL STATISTICS
K
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
November 20, 1981
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Flood Plain'AoDeal No. 10 application of James P.
for a variance. Also included is Notice of Disapproval from the Building
Department;Short
Wetlands Land-Use;
JTT/bn
Enclosures
Latham
Environmental Assessment Form; Letter relative to N.Y.S. Tidal
and survey of the property.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................ Date .'~~ . .~....C_)..., 19 . .~.(.
.........
for pe~it to construct.. 0~..~ [~...~[//~. · · ~ .................. at
.
Location of Property ~ .~..~ .~:'~((~A ...... ~~.~ .~
~s~ No. Street Hamlet
Co~.t~ ?~ ~ ~o. ]000 s~tio~ ...Q~.~ .... ~]o~ ...~/. ....... cot . .~ .......
Subdivision ................. Tiled ~ap No ................. Cot No ..................
is ;eturned herewith =nd d]sapp;oved on the fo][ow~; ~ounds ~/~.
RV 1180
:¢ '~NS'T~UCTION&:
· .~ ~ (al In order ~o ansYter ~he questions in Ibis shat[ EAF ~ ~s assumed
thai the preparer ~till use. currently available information conaerning
projec¢ and {he likely impoc¢s of the action. 1¢ is mol expected
additional studies, reseazch or other investigations ~lill be undertaken.
(b) I£ any question has been answered Yes the project may be
significant and a completed Environmen¢ol Assessment Form is necessary.
(c) l~ all questions have been ans~,~ered No it is likely tha¢ this
project is no{ significant.
(d) E'nvironmenlal Assessment ..
1. W£il projec~ resul¢ in a large physical change
to the p~o]ec~ site ar physically aller more
' land? Yes >(No
than l0 acres o~ ........................
2. ~'lill there'be a major change to any unique or
-unusual land form found on the sit~? .......... Yes
3. ~'lill project alta= or have a large effect on .
existing body'of water? ....................... Y~s,~<'N~
'4.. ~'lill p~ojec¢ have a potentially large impacl , ·
on ground~vater quell{y? ......................., Yes ~f"No_
5. ~'till project signi[icantly.ef~ect d~oinage
flaY1 on adjacent sites? ..................... ~.- Yes q
~. ~Vill projec~ af[ec[ any threatened or
endangered plant or animal species? ........... .., Yes ~"No
7. ~'lill projec¢ resull in o major adverse e~fe~t - .
quality? ~' Yes
on air .............. · ................ , ....
8. ~'/ill project have a mojo~ e~fect on'visual rl
character o~ the community ar scenic views or. .
vistas known to:be imporlant to the community?, 'Yes~(No
~. ~'lill projec¢ adversely impact any site or .-
. s¢~ucture of histo~ic~ p~ehisto~ic o~
paleontological importance o~ any site
designated os a critical environmental area
by a local agency? ~ ........ Yes ~No
10. Will p~oject have a major e~fec¢ on exls¢ing
o~ future ~ecreotionol opportunities?. ......... Yes~o
"11. Will p~oject resul~ in.mojo= l~a~ic p~oblems
o~ cause a majo~ e~?ect ~o exlsling .
t~onspo~ation systems? ....................... Yes,~No
12. Will project .~egulazly cause objecllonable
odors, noise~' glare, vibration/ or electrical. _-
dis%urbance os a resul% of %he projec%'s , .
~ ? ' - Y ~N
13. %~ill'pr'ojecl have anM impact on public health '
or.sofetM? ....................................., Yes.No
14. %Vill p~ojec~ affecl lhe existing communilM by
direcilM causing o graYiSh ~n permanent
populolion of more %ham 5 perccg~ over o one
year period o~ hove o major negative effect
on ihe chorocler of ihe community or
neighborhood? ............
project? ....................................... ~es~No
N,. STATE DEPARTMENT OF ENVIRONMENTAL CONS TION ~ 578-0167
PERMIT
U
AETICLE 24, (Freshwater Wetlaods) [] ARTICLE 3&, (Construction in Flood Hazard Areas)
: PERMIT ISSUED TO ....
James P. Latham
ADDRESS OF pERMI~TEE
Plum Island Lane, Orient, New York 11957
LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building)
Orient Harbor, Peters Neck Point
DESCRIPTION OF PROJECT
Create a 4 lot subdivision with all lots exceeding 40,000 aquare feet in area as per sul,mitteci
plans and construct a one family dwelling on Lot No. 2 a minimum of 75' landward of the tidal
wetland boundary and sanitary system a minimum of 100' landward of the tidal wetland boundary.
C(~MMUNI'~f NAME (City, Town, Village) I TOWN
Orient I Southold
cou~YSuffolk EIA COMMUNITY NO, DAM NO.
GENERAL CONDITIONS
1. The permittee shall file in the office of the approlxiale Regional
Permit Administrator, a notice of intention to commence work al least 4~
lion's in advam:e of the time of commencement and shall also notify him
Im~a~lly In wrltin$ of the completion of the work.
2. The permitted w~rk shall be subject to inspection by an authorized
representative of the Department of Environmental Conservation who may
Mder the work suspended if the public interest so requires.
3. As a condition of the issuance of this permit, the applicant has ac-
ceded exlxessly, by the execution of the application, the full legal res~ono
$1blllty for all damales, direct or indirect, of whalever nature, and by whorr~
ever suffered, arisin$ out of the project described herein and has agreed to
Jnderaniiy and save harmless the State from suits, actions, damages and
COSts of every name and description resultin$ from the said project.
4. Any material dredRed in the prosecution of the wmk herein permitted
shell be removed evenly, without leaving large refuse piles, ridges across the
bed of the wale(way or flood plain or deep holes that may have a tendency to
cause injury to navigable channels or to the banks of the waterway.
5. Any material to be deposRed or dumped under this permit, either in
the waterway or on shore above high-water mark, shalJ be deposiled or dumped
al the locality shown on the drawing hereto attached, and, ~( so ~'escribod
thereon, within or behind a good and substantial bulkhead or bulkheads, such
Us will ~'event escape of the material into the waterway.
&. There shall be no unreasonable interference with navigation by the
wO~k herein authorized.
~ That if future operations by the 5late of New York require an alteralion
h~ the position of the structure or work herein authorized, or if, in the opinion
Of the Degartment of Environmental Conservation it shall cause unreasonable
O~ltKtlon to the free navigation of said waters or flood flows or endanger
the health~ safety o~ welfare of the people of the State, or loss or' destruction
Of the natural resources of the State, the owner may be ordered by the Depart-
thereby without expense to the State; and if, upon the expiration or revocation
M this permit, the structure, fill, excavation, or other modification al the
without expense to the State~ and to such extent and in such time and manner
as the Department of Environmental Conservation may reqmre, remove all or
cMtdition the navisable and flood capacity of the watercourse. NO claim shall
alteration.
PERJ~IT EXPIRATION DATE
December 3l, lC~P
~s.~.~ (~/75)
(SEE REVERSE SIDE)
SPECIAL CONDITIONS
PI~RMIT ISSUE DATE
' l/- IZ. ?l
ADDRESS ]I£(;ION' I Dt'!~':: ; 40
(Today's Date)
To:
Southold Town Board of Appeals
~.la in Road
Southo!d, NY 11971
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Pa~t 661, and Article' 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(majer) repairs, and 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 length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
[ ]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
yours~
~_~gnature please)
APPEAL TO THE BOARD OF APPEALS PURSUANT TO
THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION
LAW OF THE TOWN OF SOUTHOLD
Appeal No.
Date Filed
APPEAL FROM DECISION OF THE BUILDING INSPECTOR:
TO THE BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y:
(Name of Applicant)
OF THE BUILDING INSPECTOR DATED
(Address)
HEREBY APPEAL FROM THE DECISION
I~//'~-~/~l, WHICH DECISION STATES: ~
LOCATION OF PROPERTY: pgtv r '
(Street and-tlamlet)
TAX ~P DISTRICT 1000, SECTION ~ , BLOCK ~ , LOT
N~E OF SUBDIVISION AND LOT NO.(if applicable): ~ ~
FLOOD INSU~NCE ~TE ~P DESIGNATION: ~--~
PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED:
(Indicate the Section, Subsection and Paragraph of the Law by number)
3. THE TYPE OF APPEAL IS:
~ A Variance to the Provisions of the Flood Damage Prevention Law.
( ) An interpretation of the exact location of the boundaries of
the area of special flood hazard.
( ) An interpretation of the Provisions of the Flood Damage Preven-
tion Law (Specify):
4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of
the Building Inspector, or with respect to this property, J~ (has not)
been made. Such previous appeal was: ( ) a request for an interpreta-
tion; (b) a request for a variance; ( ) other (specify):
5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: TD ~
(Continued on Reverse Side)
REASON FOR APPEAL
6. Good and sufficient cause exists
requested
for the following reasons:
for the granting of the relief
7. Failure to grant the relief requested would result in exceptional
hardship for the following reasons: ~2 LOoo~ ~-- ~pR~-~ ~
8, Granting the relief requested will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances, or conflict with existing laws or rules
and regulations for the following reasons: ~-~- ~5;~- (.~OOOL-~
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
Sworn to. before me 3~his~~ f
No. 57.,~I~5850, Suffolk Cotu~t
Term~es March 30, l~r~
na e
SEE SEC NO J32 ~
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