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Home My WebLink AboutFL-15Southold Town Board of Appeals MAIN RrlAD-BTATE ROAD 25 BOUTHI'ILD, L.I., N.Y. 11¢J'71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 2, 1985. Mr. Donald A. Denis, Route 25 Aquebogue, NY 11931 A.I.A. Re: Appeal No. FL-15 - Joseph Grasso Dear Mr. Denis: For your records is enclosed a copy of the board's determination which has this date been filed with the Office of the Town Clerk concerning the above matter. Yours very truly, Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. FL-]5 (Flood Law Variance) Application Dated September 5, 1984 (Pub]ic TO: Mr. D0na]d A. Denis, A.I.A. as agent for MR. JOSEPH GRASS0 Route 25 ^queb0§ue, NY ]]93] Hearing 11/29/84 & 12/13/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 20, ]984 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 [X] Request for Variance to the Flood Plain Management Law Chapter 46 Application for JOSEPH GRASSO, c/o D. Den~f~ Route 25, Aquebo&ue, NY for a Variance to the Flood Damage Prevention~k~_,~ permission to utilize area below the minimum required fl~~~ for mechanical equipment, at premises identified as County Tax Map Parcel No. 1000-59-06-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). Upon investigation and personal inspection of the premises, the board finds and determines as follows: The lot in question has approximately 15,713 sq. ft. in area; and the plot plan submitted to the Board lastly revised July 31, 1984, indicates the area of the lot where the dwelling is to be constructed. Another sketch plan was submitted indicating a requested elevation for the lowest (basement) floor to be at 3.5 feet above mean sea level. The lowest ground elevations of the premises in the area of the proposed house is shown to be at eight feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in A-lC Flood Zone with a minimum required elevation for the lowest floor at ll feet above mean sea level. The premises in question is bounded on the north by Great Pond and along the center has a depth of approximately 83 feet. Although the house is positioned at the highest elevations of this parcel which vary between seven and 12 feet, it is the opinion of the board that the basement will still be subject to flooding, thereby creating safety and electrical hazards. 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 not granting this variance; (2) by denying the variance exceptional hardship would not result; (3) the (CONTINUED ON PAGE TWO) DATED: January 2, 1985. Form ZB4 (rev. 12/81) CHAIp~V~kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. FL-15 Matter of JOSEPH GRASSO Decision Rendered December 20, 1984 grant of this variance will result in threats to public safety, create nuisances and unsafe conditions. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under No. FL-15 by JOSEPH GRASSO for permission to construct lowest floor (basement with utilities) below the minimum ll-foot required elevation above mean sea level, BE AND HEREBY IS DENIED AS APPLIED. Location of Property: North Side of Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 06, Lot 003. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. GERARD P. GOEHRINGER, January 2, 1985 lk / / ~o ~D ~ F, EAT / 1 / H.S. NO.. v sTATEMENT OF INT[NT THE W,~TER StJ/~LY AN~ SlffNAq[ DISPOSAL WSTEMS FOR THiS ffEWCE WiLL CONFORM TO THE STANDAK~D~ OF THE: SUFFOLK CO. DIlYT. OF HEALTH ~RVICIES. Isl. Ai~LIcANT 'SUFFOLK COUNTY D~PT. OF HEAL:tN SERVICES -- FOR APPROVAL OF CONSTRUCT ION ONLY DATE: N. S. REF. NO.: APPROVED:. SUFPOLK CO. TAx MAIe DIST. ~CT. BLOCK OWNER'S AD~E~: DEED: L. -4 -/':~-/ TE~T HOLE ~rav~ttcj ~:AL APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Dete~ber lO, 1984'.- Mr. Donald A. Denis, Route 25 Aquebogue, NY 11931 R,Ao Re: Appeals No. 3286 and FL-15 Applications for Mr. and Mrs. Joseph Grasso Dear Mr. Denis: This letter will confirm our telephone conversation last Friday that the hearings on the above matters have been recessed for 8:30 p.m. on December 13, 1984. Please don't hesitate to call our office if you have any questions. Yours very truly, cc: Harold T. King, Esq. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ~m~B]J. NO~J~ fYontyard setback a~ premis~ iden~fi~ ~ ~ty Tn Map ~ N~CE ~1 ~o. N~CE ~y G~N, 1~59~3, 7.30 P.m. ~ppl~ f~ ~ ~ ~ a~ ~~ ~'~__,.~/~.. oo County Tax - ~1 ~o. 1000.186.01.37; 9~ · ~, ~o O. ~, ~ 1412, +_ ~ 1~2 ~r~ion ~ T~ ~p p~] ~o, 1~111-1~I; ~ ~t ~on ~ ~ 142 ~ 1~, ~, ~. ' ~P~' ~P~ ~, ~ t~m V~fot~ ~ of~, N~ Yo~k To~ T~ Map P~I ~o. ~1. ~ p.m. Ap~li~ou for' ' ~ ~, ~ou 1~ ~1, B~ ~ule, for ~. ' ~n~ new one-f, ily ~ ~ ~ ~fient eeeding th~ ma.i~um four-foot .h?Kh.t requirement, at p~ ~n~ ~ ~ty T~ ~p Ho~ Way, ~, ~ 8:10 p.m. A~U~on ~GEN~ 8:~ p.m. ~H~ for ~. , 11778 ~ a , ~on ~2 ;or~o~ o~er ~ ~e ~ at p~ ~ ~ty ~n~ ~ ~P ~1 No, 1~-11~.1~ of 1.6 (~ ~ 1.3). P~ d~ ~ ap~ at ~e ~ ~y ~ ~; ~mm~i. ~ ~ ~ in micron ~Y ~ fil~ wi~ o~ of- fi~ ~o~ or at ~ h~. Da~: Novem~r 2, 1~. BY O~ OF ;? of Greenport, In duly ~wom, any. that he/oho Ia THE ~UFFOLK TIMES, a Weekly hod at Gmenport, In the Town ty of Suffolk end State of New Notl~e of which the annexed Is copy, hmo been regularly publlohed In ,~epapor once each week for one lc ,l~dvMy, eommenclng on tho 8th' DvemDer 1~ 4 Principal Clerk to before mo thio November 19 84 'New York NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY. NO VEMBER 29. 1984. commenc- ing at .7:30 p.m. and as follows: 7:30 p.m. Application of ERNEST GUETTINGER 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinande, Article HI, Section 100-32 for permission to con- struct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County ]'ax Map Parcel No. 1000.136.01-37; 950 Oak Street, Cutchogue, NY. 7:35 p.m. Application for JOHN AND MARILYN FLYNN. c/o G. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 32 for permission to retain existing frontyard location of a concrete block structure as a storage building, accessory to a proposed single-family resi- dence, premises identified as County Tax Map Parcel No. 1000~111.12-1; 2250 Little Pc- conic Bay Boulevard (a/k/a 5650 Nassau Pt. Rd.), Nassau Point Subdivision Part of Lot 14~2 and 143, Cutchogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA NUNZ10, 6 Glenn Road, Southold, NY for a Variance for approval of access, New York Town Law, ~ection 280-A concerning right-of-way locat- ed off the east side of Wells Road, Peconic, NY; to premis- es identified as County Tax Map Parcel No. 1000-75-06- 001. 7:50 p.m. Application for JOSEPH GRASSO. c/o D. Denis, Route 25, Aquebogue, NY for a Variance to the Zoning Ordinance, Article 1II, Section 100-31, Bulk Schedule, for permission to construct new one-family dwelling with an insufficient frontyard set- back at premises identified as County Tax Map Parcel No. 1000-59-06-003, located on the North Side of Sound View Avenue, Southold, NY; (cur- rent owner: A. Milne). ' 8:00 p.m. Application for ~ c/o D. 3chis, Route 25, Aquebogue, NY for a Variance to the Flood Damage Prevention Law, Ch. 46, for permission to utilize area below the minimum re- quired flood elevation for mechanical equipment, at pre- mises identified as County Tax Map Parcel No. 1000-59-06- 003, North Side of Sound View Avenue, Southold, NY (cur- ent owner: A. Milnc). 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/o L Price, Esq., 828 Front Street, Greenport, NY for a Variance to thc Zoning Ordin- ance, Article X1, Section 100- 119.1, for permission to con- struct fence exceeding the maximum four-foot height re- quirement at premises identi- fled as County Tax Map Parcel No. 1000-40-02-21; 1040 Homestead Way, Grcenport, NY, 8:10 p.m. Application of GENERAL WAYNE INN~ Bay- view Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III. Section 100- 30(C)[6](f) for permission to erect directional sign at pre- misses identified as County Tax Map Parcel No. 1000-69-02- 003; corner of C.R. 48 and Ackeriy Pond Lane, Southold, NY (current owner: S. Dor- oski). 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordin- ance, Article lI1, Section 100- 32 for permission to locate COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 success~ommen¢ing on the ................. ~ .................. ............ _ ................ Sworn to before me this ................................ day of ......... ........... , Notary Public BARBARA FORBES Notary Public, State of New York No. 48068~ , qualifiedExplresin SuffolkMarchCOunty 3O, ~ .' i,.; 1~o~,~ 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 public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 29, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. 7:35 p.m. Application for JOHN AND MARILYN FLYNN, c/o G. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to retain existing frontyard location of a concrete block structure as a storage building, accessory to a proposed single-family residence, premises identified as County Tax Map Parcel No. lO00-111-12-1; 2250 Little Peconic Bay Boulevard (a/k/a 5650 Nasau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cutchogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA DiNUNZIO, 6 Glenn Road, Southold, NY for a Variance for approval of access, New York Town Law, Section 280-A concerning right-of-way located off the east side of Wells Road, Peconic, NY; to premises identified as County Tax Map Parcel No. 1000-75-06-001. 7:50 p.m. Application for JOSEPH GRASSO, c/o D. Denis, Route 25., Aquebogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for pe-rmission to construct new one-family dwelling with an insufficient fronty~rd setback at premises identified as County Tax Map Parcel No. 1000-59-06-003, located on the North Side of Sound View Avenue, Southold, NY; (current owner: A. Milne) ~-' · =r 8:00 p.m. Application for JOSEPH GRASSO, c/o D. Denis, Route 25, Aquebogue, NY for a Variance to thE Flood Damage Prevention Law, Ch. 46, for permission to utilize area below the minimum required flood elevation for mechanical equipment, at premises identified as County Tax Map Parcel No. 1000-59-06-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/o I. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the zoning Ordi- nance, Article XI, Section 100-119.1, for permission to construct Page 2 - Legal Notice of Hearings November 29, 1984 Regular Meeting Southold Town Board of Appeals fence exceeding the maximum four-foot premises identified as County Tax Map 1040 Homestead Way, Greenport, NY. height requirement, at Parcel No. 1000-40-02-21; 8:10 p.m. Application of GENERAL WAYNE INN, Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C)[6](f) for permission to erect directional sign at premises identified as County Tax Map Parcel No. 1000-69-02-003; corner of C.R. 48 and Ackerly Pond Lane, Southold, NY (current owner: S. Doroski). 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the required rearyard, at premises identified as County Tax Map Parcel No. lO00-111-15- part of 1.6 (part of 1.3). Persons desiring to appear at the hearing may do so; communications in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward 8 affidavits of publication to: Board of Appeals, Main Road., Southold, NY 11971, before November 19, 1984. tel. 765-1809. Copies forwarded to the following on or about 11/2/84: Mr. Ernest Guettinger Mr. Garrett A. Strang, for John and Marilyn Flynn Mr. and Mrs. Alfred DiNunzio Mr. Roger Cullen, Box 302, Shelter Island, NY 11965 Mr. Donald A. Denis, for Joseph Grasso t×/ Harold King, Esq., for Joseph Grasso Irving General Swim L. Price, Jr., Esq. for Richard W. Sledjeski Wayne Inn King Pools, Route 25A, Rocky Point, NY for Anthony Pagoto Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Building Inspectors NEWR !STATE DEPARTk~ENT OF ENVII~NM~NTAL CONSERVATION PERMIT PERMIT NO. 10-8]-0824 P~PJilT iSSUED TO ADI~ESS OF PI~RMITFEE UNOEg TUg ENVIRONMENTAL CONSEgYATION LAW ~ ABTICL~ tS. (Protect ion of Wnter) S A,TiCLE 2S. iT,da, Wet,.ed.) Joseph Grasso 1726 Meadow Lane - East Meadow, New York 11554 LOCATION OF ~OIECT (Section ~ stream, tidal ~llaed, dam, building) ~e~PS~ ~_s~ ~_~_View Avenue, north and west of "Hope Lane", between lands no~ D'L~S£~fl,fl0Wt)p~R~tCf ................. Construct a one family dwelling a minimuto of 35' ~roto wetlands and patio a minimum of 25' fr~ 1983. Install a septic systeto between central section of house and road with leechin$ ring~ a minimum ot /3' from wetzanus bounuary shown on rererencec pzan. ---- COMMUNI~ NAME(City, Town, Village) COU~Y Suffolk Southold IFIA COMMUNITY GENERAL 1. The permltteo shall tile tn Ihs office of Iho lp~oprlite Regional hours iff advance of the time of COmmencement and shall also r, ntify him promptly in writing of the completion of the work. 2. The permitted wnck shall be subject to iuapectlon by afl authorized rei~'~nenfittve of the Department of Envlronmenlal Conservation who may order the work Suspended if the public Interest so requires. 3. As s condition of the issuance of this permit, the applicant has cop(ed expressly, by the execution of the application, 1he full legal reEpafl- sIblilty for iii damages, direct or iedizecl, of whatever ualure, and by whom- eve Suffered, arlsln! out of the project described herein led has agreed to Indemltify and save harmless the State from gulls, actions, damages and costs of every name and description resulting from the said project. 4. Any astoria1 drodied in tho prosecution of the work herein permitted shall he removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a teedeflc¥ to cause injury to navigable channels or to the banks of the watenvay. the wptefway or on shore above higbqvater mark, Shall he depasited or dumped thereon, within or behind i good and substantial bulkhead ur bulkheads, s~h S. There shall he fin Imreasonapte interference with navigation by the ~k herein authorized. 7. That if future opecltlons by the State of New Yo~k require an alteration of the Department of Environmental Conservation it shaft CaUSe. unreasonable obstTKtios to the free navigation of said waters or flood fbws.or endanger tl~, hoalth, safety o~ welfare of the people of the State, Ur loss or destruction of the natural resources Of the State, Ihs owner may ho o~'dered by the Depart. thereby without expense to the State; and it, upon the expiration or revocation of Ihts permit, the structure, fill, excavation, or o~her modification of the watercourse hereby authmized shall nnt be conlpleled, the owners shall, withQut espanne to the State, and ~o such extent and in such time and manner as the Depertmerd of Environmental Conservatio(t may require, remove ail of any portion of the uncompleted slructure or fill and restore to its former condition the navigable and ffoed capacity of the watercoorse. No claim shall be made against the State of New York on account of any such removal or TOWN SOU tho ld NO. I DAM NO. PERMIT EXPIPATIDN DATE I March 31, 1985 CONDITIONS g. Thai the State of New York shall Iff fin cage he liable for imy da, or injury to the structure or work herein authorized which may he CaUSed 9. That ti t~ display of lilts aK silflil~ ~ iffy wgk ~reby i~ho is n~ otherwise ~ovtded for by law. such Ils~s aM signals is scfl~d by the U.iIN States CNSI Guard s~ll ~ iflsilll~ aK mint, by a~ at t~ ex~nse of t~ o~r. 10. All wor~ carri~ o~ uMer this ~rmlf shll ~ n~ In dance with establls~d engi~erln8 ~actlce I~ iff I ~fllike mafl~ I1. if 6ranl~ u~er Articles 24 m 25, the ~rt~ ~rves project. 14. if ~ranted u~er Article ~, this ~it i6 ~ ~ly ~ the requlre~nts of Adicle J6 of tho Eflvi~ofll C~aliofl Part 500 of 6 NYCRR (Coflstr~ti~ In Fl~ Plain A~Ie hevt~ S~cial Hazards - 6uildlnK Permits) a~ iff no way sJifllfifl l~1 1~ ~oJect free from florin6. 15. By acce~an~e o~ ?his ~rmlt 1~ ~rmlfl~ q~ee f~t 9s.~o-4 (e/Ts) (SEE I~VLqlSE SIDE) ~'ECIAL 4, 1. In addition to modified proposal approved as stated on face of permit, with house placed 12' ~etback from south property line and 15' from westerly property line, construct a 12'x20' carport on to west end of house extending toward road, and erect a storage shed no greater then 100 square feet in area a minimum of 25' frol~etlands. There is to be no disturbance to vegetation or topography within 25' of above referenced freshwater wetland boundary by filling, grading, excavation or clearcutting. This 25' undisturbed area is to remain naturally vegetated (no treated lawns). Plantings of native species may be made to augment existing ~egetation. o Runoff from all roofs (including carport) and patio is to ~rain into 6 drywells placed at each external corner of house (2 northernmost corners, 2 westerly corners and easterly corners). 4. All driv~ay parking areas are to be of permeable material such as gravel. 5. There is to be no fill on this parcel except a minimal amount that may be needed over the eaptic system between the house and road. 6. A continuous row of haybales is to be placed and staked in place between the construction site and the wetland edge to prevent siltation. 7. No erosion control devices will be permitted along the shoreline except riprap or sabion mat types. 8. If a wooden deck is constructed at the patio location, no drainage structures are needed for the deck. CONDITIONS A THROUGH J ATTACHED. £RMIT I$$~ DA~ January 20, 1984 [~JAITA~X~41HffSTRATC)~ Daniel J. Larkin A~XNIESS Bldg. 40, SUNY @ STONY BROOK,NY · NEW STATE DEPARTMENT OF ENVIRONMENTAL CONSEelON PERMIT ~ PERMIT NO. 10--83-0824 PERMIT ~SSUED TO ADDRESS OF PERMIT[EE UNDER THE ENVIRONMENTAL CONSERVATION LAW ~ ARTICLE 15, (Protection of W.ter) B AITICLE 25, (Tads, Wetlaeds) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction iff Flood Hazard Areas) Joseph Grasso 1726 Meadow Lane - East Meadow, New York 11554 LOCATION OF ~OIECT (Section of stream, tidal ~lland, dam, bul~ding) Ore~t Pon~, ~th sid~ ~f Soup~ View Avenue, north and west of "Hope Lane", between lands no~ Construct a one family dwelling a minimum of 35' from wetlands and patio a minimum of 25' fro 1983. Install a septic system between central section of house and road with leaching rings a minimum o£ lb' trom wetianos boundary ShOWn on referenced p~an. COMMUNITY NAME (City, Town, Villase) COUNTY Suffolk Southold IFIA COMMUNITY GENERAL 1. The permlttee shall file In the office of the agproprlate ReEIonal Permit Admlnlstrslor, a notice of intention to commence work at least 4~ hours In advance of the time of commencement and shall also notify him promptly in writin! of the compietlon of the work. 2. The permitted work shall be subject to inspection by an autho¢lzed representltive of the Department of Environmental Conservation who may re'der the work suspeeded if Ihs public interest so requires. 3. As a condltino of the issuance of this permit, the aoplkant has ac- cepted expressly, by the execution of the appllcatirm, Ihs full leEal respon- sibility for all dameSeS, direct or indirect, of whatever nature, and by w~om- ever suffered, arisinR out of the project described herein and has aRreed m Indemnify and save harmless the State from suits, actions, dlmaEes and costs of every name and description resultlnE from the said project. 4. Any malarial dredEed in the prosecullon of the work herein permitted shall be removed evenly, without leavlnE larse reluse piles, rldEes across the bed of the wate~vay or flood plain or deep holes that may have a tendency to cause injury to navlsuble channels or Io the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either In the waterway M on shMe above hilh~vater mark, shill be deposited or dumped at the locality shown on the drawln$ hereto attached, and, if so p'escribed thereon, within or behind a Eaod and substantial bulkhead ur bulkheads, such as will prevent escape of the material into the w~,terway. 6. There shall be no unreasonable interference with navlEatlon by the work herein authorized. 7. That Jf future operations by the State of New York require an alteration Jn Ihs pusJtJon of the structure or work herein authorized, m if, In the Opinion of the Department of Environmental Conse~valirm Jl shall cause, unreasonable obstruction to the tree navlKatlon of said waters or flood flows.or enda~er the health, safety or welfare of Ihs people of Ihs State, o~ loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove o~ alter the slrnctural wMk, obelrnctions, or hazards caused thereby without expense to the State: and if, upoo the expirallon or revocation of this permit, the structure, fill, excavation, m other madlflcation of the watercourse hereby authorized shall not be completed, Ihe owners shall, without expense to the Slate, and ~o such extent and in such time and manner as the Department of Envlronmental Conservatino may require, remove all or any portion of the uncompleted structure m fill and restore to its former condition the novlsuble and fl(md capacity of the watercourse. No claim shall be made asalnst the State ol New York on account of any such removal or al elation. TOWN Southold NO. I DAM NO. PERMIT EXPIRATION DATE I March 31, 1985 CONDII'IONS 8. That the State of New York shall in flo cafe be liable fo~ any da, or injury to the structure or work herein aulhurlzed which may ha caused ~ result from future operations underlaken by the State fM the conservati~ imp¢ovement of navtEatirm, or for other purposes, and no claim or tiea compensation shall accrue from any such damale. 9. That if the display of liEhts and sifnals on iffy wMk hereby autho. is not otherwise provided Ior by law, such II,his and sisnals as may bc scribed by the United 5tares Coast Guard shall he installed and maint.~ by and at lhe expense of the owner, 10. All work carried out under this permit shall be performed in a. dance with established enEineerlnE p(actice and in a workmanlike manner 11. If sranted under Articles 24 m 25, the Department reserves the 95--20-4 (9/75) (SEE REVEIISE SIDE) OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 5, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 (516) 765-1801 1984 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Flood Plain Appeal No. 15, application Of Donald A. Denis for Joseph Grasso for a variance. Also are accompanying papers as outlined on the attached transmittal letter from Donald ^. Denis, dated September 4, 1984. ~u~ith T. Terry Southold Town Clerk 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: I, (We), DONALD A. DENIS of Route 25 (Name of Applicant) (Address) Aquebogue~ New York HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED 8/10/84 WHICH DECISION STATES: "Premises is located in Flood Zone A-10 (El. 11). Proposed building has mechanical equipment located in cellar below flood elevation." 1. LOCATION OF PROPERTY: Southold (Street and Hamlet) TAX MAP DISTRICT 1000, SECTION 059 , BLOCK 06 , LOT NAME OF SUBDIVISION AND LOT NO.(if applicable): FLOOD INSURANCE RATE MAP DESIGNATION: 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate~the Section, 003 Subsection and Paragraph of the Law by number) 3. THE TYPE OF APPEAL IS: X 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, ~ (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: Vary the Flood Zone Requirement from El. 11 to El. 2 for the mechanical equipment (furnace and electric water heater) in the Basement. The first floor elevation will be at El. 12.5'. (Continued on Reverse Side) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: As the site is narrow and the house is set back 12' from the street property line, with the natural grade across the front of the house being 10', the first floor has been set at 12.5' The house can not be raised to have the basement floor above 11' elevation because of the restricted site conditions. 7. Failure to grant the relief requested would result in exceptional hardship for the following reasons: The first floor elevation has been established at El. 12.U, which meets the Flood Zone Elevation Requirements. The mechanical equipment (Furnace and Electric Water Heater) in the Basement would be below the Flood Zone Elevation. It is impossible to raise the house a sufficient height to meet these requirements because of the restriction by the D.E.C. on adding fill to the site. The only area that can be filled is between the house and the/property line over the cesspools. street 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: This is a private residence being built on private property, having no affect on the adjacent property or property owners. STATE OF NEW YORK) ss COUNTY OF SUFFOLK) Sworn to before me this ~ CN~tary Public) JUDITH . " ~ Public, State of New York ". · ~. ~-O:~44,~UffOIk County., ·. (Siqnature) DENIS day of , 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 I, (We), DONALD A. DENIS (Name of Applicant) Aquebogue, New York SOUTHOLD, of N.Y: Route 25 (Address) HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED 8/10/84 WHICH DECISION STATES: "Premises is located in Flood Zone A-lC (El. 11). Proposed building has mechanical equipment located in cellar below flood elevation." 1. LOCATION OF PROPERTY: Southold (Street and Hamlet) TAX MAP DISTRICT 1000, SECTION 059 , BLOCK 06 , NAME OF SUBDIVISION AND LOT NO.(if applicable): FLOOD INSURANCE RATE MAP DESIGNATION: ~ -I~ ~ // 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: LOT 003 (Indicate the Section, Subsection and Paragraph of THE TYPE OF APPEAL IS: (x ( the Law by number) 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, ~ (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: Vary the Flood Zone Reauirement from El. 11 to El. 2 for the mechanical equipment (furnace and electric water heater) in the Basement. The first floor elevation will be at El. 12.5' (Continued on Reverse Side) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: As the site is narrow and the house is set back 12' from the street property line, with the natural grade across the front of the house being 10', the first floor has been set at 12.5'. The house can not be raised to have the basement floor above 11' elevation because of the restricted site conditions. 7. Failure to grant the relief requested would result in exceptional hardship for the following reasons: The first floor elevation has been established at El. 12.g, which meets the Flood Zone Elevation Requirements. The mechanical equipment (Furnace and Electric Water Heater) in the Basement would be below the Flood Zone Elevation. It is impossible to raise the house a sufficient height to meet these requirements because of the restriction by the D.E.C. on adding fill to the site. The only area that can be filled is between the house and the/property line over the cesspools. street 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: This is a private residence being built on private property, having no affect on the adjacent property or property owners. STATE OF NEW YORK) COUNTY OF SUFFOLK) ss Sworn to before me this'~ ~ (Notary Public) Not~ry Pubtic, $~u~,: ,- (Siqnature) LINDA VOLLMO~LER, Secretary to DONALD A. DENI~3 day of ~/~.~ , 1~ . FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · .~::?...c>: ..... ,5.o.,:.....~-~'7 ........ for permit to construct.. (5~ ~.~=7.. ~--~.ff..?~. <(~ 5tv'....l~5~.~/..//~.-g4~ ....... _3 .......... at House No. Street '' Hamlet ' Location of Property... gal..Z'~ ..... .'~.~,,'6'. '~. 1~','~2 .C~..~ ........ . . .---~;r-~Z'.3'P-t'cd. t4g?..-/J,'~' County Tax Map No. 1000 Section ...0. -~'?.'~. .... Block .. 42..6. ........ Lot . .~-d. Q/~. ...... Subdivision ~ Filed Map No .......... .~. ..... Lot No .................. is returned herewith and disapproved on the following grounds . .'~P'.F~Td'(4'.e~. ~..5'.../..5... ~.-~.~ .,..~. . ~-~,~. . ~,~ .... ,>7 ::.,. .o. . .(. . .:. .c. . . ~.,.) .... .r.~.:~.~ ffuilding Inspector RV 1/80 September 4, 1984 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of MR. JOSEPH GRASSO Location of Property: Soundview Avenue, Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ 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.* Nay 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) (major) 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. Play be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. **DEC APPROVAL ATTACHED** -[ ] 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 jurisd.fction of the 'N~Y.S.D.E.C.] Si~ncerely you.rs, qSignature please)" :,~ '~IiSTRUCTIONS: .x (al Jrt' order to answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies~ research or other ~nvestigations ¥1ill be undertaken. (b) ]f any question has been ons'~ered Yes the project may be signlf~cant and a completed Environmental Assessment Form is necessary. (c) if all questions have been answered No it Ls likely that this project is not significant. · (dj Environmental Assessment ' ~. ¥I±~ project result in o large physicaZ change to the project site or physically alter more Yes× No thom lO acres or land? .................. ;.;;.. , 2. ¥tilL there be a ~ajar change to anx uniqu -unusual land term found on the site? ........ Yes× No 3. ¥Iill project alter or have o large effect on existing body of water? ..................... 4. ¥till project have a potentially large impact on groundwater quality? ......... YesX flow on adjacent sites? ...................... Yesx No ~. ¥~ilt project affect any threatened or endangered plant or animal species? ......... . ¥esX No 7. ¥lill project result in a major adverse effect .... on air quality? ............................. YesX No 8. ¥iill project have o major effect on visual character of the community os scenic views or vistas known to:be important to the community?, YesX No P. I'lill project adversely impact any site or .. structure of historic~ prehistoric or paleontological importance or any site designated os o critical environmental oreo lO. ¥]ill project have o major effect on existing or future recreational opportunities? ......... ¥esX No 11. ¥till project result in.major traffic problems aa cause o major effect to existing transportation systems? ....................... YesX No 12. ¥1ill project .regularly cause objectionable odors~ nolse~ 91ore~ vibrotlon~ or electrical disturbance as o result of the project's YesX No operation? ..... ' .......... YesX No or safety? .................................... 14. ¥1ill p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percept over a one year period or hove a major negative effect on the charac--~-er of the community or 15. Is there Rublic coatroversy6oncerning pro~ect...:~ ............... 1 .... ............. yesX No PREPARER'S SIGNAIURE REPP, ESENTING Mr. Joseph Grasso, DATE September 4, 1984 DONALD A. DENIS, A.I.A.~C. P. O. Box 565 '"'" AQUEBOGUE, NEW YORK 1193! (516) 722-3511 TO Appeals Board Town Hall Main Road S~u~h~ld; N~w Y~vk 11971 Sept. 4, 1984 39 Linda RE Proposed New Residence for MR. & MRS. JOSEPH GRASSO WE ARE SENDING YOU :~ Attached [] Under separate cover viz the following items: [] Shop drawings [] Prints [] Plans [] Copy of letter [] Change order n [] Samples [] Specifications COPIES 1 3 1 1 1 DATE NO. I DESCRIPTION I Disapproval I Application for Variance - Flood Damage Prevention Law I Environmental Assessement Short Form I Wetlands Letter I~.E.C. Approval I Surveys I Building Plan THESE ARE TRANSMITrED as checked below: [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections 19 [] Resubmit.__ [] Submit. [] Return copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARK~ Please place this matter on the A~enda for the Zonin~ Board of Appeals for the Town of Southold. Thank You. The $50 fee for this application is included in the ~lO0 check for the front yard variance for Mr. Grasso. attached herewith. COPY TO Mr. Joseph Grasso SIGNED: T~TA L