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APPEALS BOARD MEMBERS •,'' SpFFO(,F c
�� � OG �; Southold Town Hall
•Gerard P. Goehringer, Chairman � yl�- 53095 Main Road
James Dinizio, Jr. y P.O. Box 1179
Lydia A. Tortora ,p ^y $ Southold, New York 11971
Lora S. Collins : d ply. ZBA Fax (631) 765-9064
George Horning =_491 a .00,1' Telephone(631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 18, 2001
Appl. No. 4919—ALEXANDRA JONES
Street& Locality: 5055 Skunk Lane (a/k/a Bay Avenue), Cutchogue PARCEL 1000-138-2-3.4
Date of Public Hearing: January 18, 2001.
FINDINGS OF FACT
Property Facts: The subject property is a lot on the east side of Skunk Lane (Bay Avenue) in
Cutchogue, containing 17,562 sq. ft. according to a survey by Joseph Ingegno, L.S. dated March 1,
2000. It is improved with a single-family home in the final stages of construction.
Basis of Appeal: Building Inspector's Stop Work Order, dated December 6, 2000, stopping work
on the home because of nonconformance with Chapter 46 of the Southold Town Code, entitled
"Flood Damage Prevention."
Applicant's Request: Applicant asks the Board to reverse the Building Inspector's determination
that the house under construction is subject to Chapter 46 of the Town Code, and to reverse the
Stop Work Order that was issued based on that determination. Alternatively, if the Board agrees
that the project is subject to Chapter 46, applicant requests a variance pursuant to Section 46-22A
of the Town Code.
Reasons for Board Action, Described Below: On the basis of testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
(1) On August 18, 2000, Building Permit 26724Z was issued for construction of a single-
family home on the subject property. A survey by Joseph Ingegno, dated March 1, 2000, was
submitted with the permit application and shows the westerly section of the property to be in Flood
Zone AE 8 but the house location to be in Zone X, that is, not in a special flood hazard area
("SFHA"). Chapter 46 of the Town Code applies to structures in "SFHAs." Zone AE 8 is a "SFHA."
(2) Construction commenced in September 2000, and the foundation was inspected and
approved by the Building Department on September 151h and September 23rd. The foundation
survey by Joseph Ingegno, dated September 23, 2000, shows the foundation to be in Zone X, that
is, not in a "SFHA."
(3) On November 21, 2000, Joseph Ingegno prepared an Elevation Certificate on the form
prescribed by the National Flood Insurance Program. The Certificate states that the house under
construction is in Zone X, based on Flood Insurance Rate Map ("FIRM") panel 164G. Building
Department records indicate that this Certificate was requested by the Building Department on
November 20, and applicant testified that it was submitted to the Building Department on
Page 2—January 18, 2001
Appl. No. 4919—Alexandra Jones
1000-138-2-3.4 at Cutchogue
November 28th. It was at approximately this time that Building Department records first indicate
concern over the possible applicability of Chapter 46 to the project.
(4) On December 6, 2000, the Building Department issued a Stop Work Order because of
"nonconformance with Chapter 46 of the Town Code." Applicant testified that the house is
complete except for interior finish work.
(5) At the hearing on January 18, 2001, Joseph Ingegno testified that the line between
Flood Zone AE 8 and Zone X, shown on his surveys of the subject property and used in preparing
the Elevation Certificate, was determined by the standard practice of scaling from the applicable
"FIRM."
(6)At the hearing on January 18, 2001, Edward Forrester, head of the Building Department,
testified that the Department agrees that Mr. Ingegno's surveys were accurately prepared
according to the standard practice of scaling from the "FIRM." However, Mr. Forrester further
testified that in recent discussions and meetings, officials of the New York State Department of
Environmental Conservation (which administers the National Flood Insurance Program in New
York) stated that if actual land contours do not exactly match the applicable "FIRM," flood zone
borders should be determined by the actual contours. The actual 8-foot contour on the subject
property passes through the house whereas the "FIRM" line delineating Zone AE 8 lies to the west
of the house. On the basis of this actual contour and the DEC's stated position regarding
determining "SFHA" borders, the Building Department determined that the house is in Zone AE 8
and subject to Chapter 46 of the Town Code.
(7) Mr. Forrester submitted materials including E-mail exchanges among DEC personnel in
November and December, 2000, relating to how "SFHA" borders should be determined, and a
memo, dated December 5, 2000, from the New York State coordinator of the National Flood
Insurance Program proposing that communities determine such borders by actual elevation rather
than by scaling from the "FIRM." The author of the memo stated his view that a community has
authority to do this if its local law provides that "SFHAs" are to be determined both from the
applicable "FIRMs" and from the applicable "Flood Insurance Study," but that he had not obtained
legal support for this position. Section 46-6 of the Town Code refers to both documents, and the
Building Department apparently believed for this reason that our Code justifies the Stop Work
Order issued December 6, 2000.
(8) The Board concludes that Building Permit 26724Z was issued correctly on August 18,
2000, based on Chapter 46 of the Town Code. There is no evidence that the Building Department
erred in issuing the permit.
(9) The Board concludes that applicant's surveyor correctly interpreted existing Southold
Town law as to the borders of "SFHAs." Testimony indicated that the Building Department
intended to change the way such borders are determined, but even if our local law were changed
in this manner, the Board believes that such a change should not apply retroactively to a project
such as this one that was properly issued a building permit under existing law.
•
4Page 3-January 18, 2001
Appl. No. 4919-Alexandra Jones
100Q-138-2-3.4 at Cutchogue
Resolution/Action: On motion by Member Tortora, seconded by Member Collins, it was
RESOLVED, that this Board finds that the Stop Work Order of December 6, 2000, was
issued in error because the house under construction is not in a "SFHA" as determined under
existing Southold Town law, and, in accordance with this Board's authority under Sections 46-22B
and 100-271A of the Town Code, the Stop Work Order is REVERSED.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member
Horning of Fishers Island was absent.) This Resorduly .... ed (40).rY
rERARD P. GOEHRINGER, HAIRMAN
DAT I )aslbl HOUR 0', 3b
Town Clerk, ov,n C_ _,
i
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 4, 2001
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),
Code of the Town of Southold, the following application will be heard at a public hearing by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York
11971, on THURSDAY, JANUARY 18, 2001, at the time noted below (or as soon thereafter as
possible):
7:50 p.m. Appl. No. 4919 —ALEXANDRA JONES. Request to Reverse Stop Work Order dated
December 6, 2000 regarding Building Permit No, 26724-Z issued August 17, 2000, and in the
Alternative, request a Variance from Town Code Ch. 46, Sections 46-16 and 46-17 (Flood Damage
Prevention Law) with lowest elevation of dwelling construction below the minimum flood elevation.
Flood Zone Designation: "X." Building Permit No. 26724Z was issued August 18, 2000 for construction
of a new dwelling with two-car garage and covered porch. Location of Property: 5055 Skunk La. (a/k/a
Bay Ave.), Cutchogue; Parcel No. 1000-138-2-3.4
The Board of Appeals will at the above time and place hear all persons or their representative
desiring to be heard or to submit written statements (before the hearing is concluded). This hearing will
not start earlier than designated. Files are available for review during regular Town Hall business hours
(8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809.
Dated: January 5, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
ARD OF HEALTH
FORM NO. 1 3 SETS OF PLANS
TOWN OF SOUTHOLD SURVEY
BUILDING DEPARTMENT CHECK
TOWN HALL SEPTIC FORM
SOUTHOLD, N.Y. 11971 �7
TEL 765-1802 NOTIFY b 77 0 ' g` 5
CALL : .M'✓5.IA-N. .d
Examined..? ........,.20M. MAIL' TO
Approved at. 2 ,a0. Permit No. ') al 2"
Disapproved a/c
r� i i 1' ' ("""��
r f ��
� _ _�f11jr (Building Inspector)
j JUL 14.�Srr0 1I 11:El APPLICATION FOR BUILDING PERMIT
LGJ44! 1"-1 Date. . . . . . hz). . . .
tel e3 c ` INSTRUCTIONS
,0,/,4 ur scup,-1
a. This application must be ccrpletely filled in by typewriter or in ink and submitted to the Building Inspector wit
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plansharing location of lot and of buildings on premises, relationship to adjoining premises or public
streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of
this application.
c. The work covered by this application may not be conrienced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building,Permit to the applicant. Such
permit shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector.
APtICATTO:T'ISBERE5Y MALE to the Building Department for the issuance of a Building Permit pursuant to the
IAuldini Pone'Oroinance of the''awnof Southold, Suffolk County, New York, and other applicable Taws, Ordinances or
Regulations, for the construction of,buildings, additions or alterations, or for removal or demolition, as herein
described. The applicant agrees cdmply with all applicable laws, ordinances, building eM , housing code, and
regulations, and to admit authorized inspectors on prises and in bu'. .ing for neces - inspections.
Signature of licant, or name, if a co ration)
.: .. :rq. :... . 6", 9
(Mailing address of applicant) (/Q20
State woe er applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
He EA)Y 1(-4,, I)LEKA-ivb f J0NE5 , QQn l vendee :.............
Name of owner of premises ..!:^' W44M51701‘4:...
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Nave and title of corporate officer)
Builders.License No. ...................
Plumbers License No.
Electricians License Na.
Other--Trade's License No.
I. ,location of land on which proposed work will be done �t
�0 RAI AVe-nUC CSKUN..K J9
4, :) :.,......CQTC.rt0CJL
Hanes, Number Street Hamlet
County Tax Map No. i Section l 3F Block Z Lot .r3•..CJr,.S
Subdivision Filed Map No. ....: Lot
( )
2. State existing use and occupancy of premises and y intended use and occupancy of proposed construction:
a. Existing use and h'A-r� ...l�cL1� edr-erxreAt•+'f'7irZ12,. •
11 dhoYwaSiloar t 7t ' `ri4;Ayk it
b. Intended use and .Cc,9. 5hY.S�T4Rt�...o'k'..*111-j.1?r c li..V.Neg'i1i'PAggit1 :Z; Cr7i `1c
sv., crd
$15'1 •c-rn Peuvcloos 4vcQt.wo�
Nature of work (check whirl: applicable' New Building Addition .. .. Altera,.ion
Repair Removal Demolition Other Work
(Description)
Estimated cost 1.0.0.1..0g.C) fee
(to be paid on filing this application)
If dwelling, number of; dwelling units Number of dwelling units on each floor
If garage, rnnber of cars
If business, mamrcial or mixed occupancy, specify nature and extent of each type of use
Dimensions of existing structures, if any: Front Rear Depth
Height Nurber of Stories
Dimensions of sure structure with alterations or additions: Front Rear
Depth Height Number of Stories
Dimensions of entire new construction: Front 5 5.3' Rear rS5.3 ' Depth 3(0'
Height Number of Stories
.pp ?-
:!4' rrpp
Size of lot: Front 100 Rear .. �).J.Qdn...... Depth ...LA
Date of Purchase (.:1041/4" C440r4n ct Name of Former Omer n .. .
Zone or use district in tbich prenises are situated ^ ��
Does proposed construction violate any zoning law, ordinance or regulation: 11 0
Will lot be regraded r14 Will excess fill be removed from pranises: YES ND
Nares of Corer of premises Address Phone No
Name of Architect Address Phone No.
Na,e of Contractor 3olrA.Z-.4v.fYu4.. Address Phone No. 249.:.y570
Is this property within 300 feet of a tidal wetland? * 'YES ND :X
*IR YES, soma]) 1Ut1 ilapolUSS Patin MAY at REQUIRED.
PLOT DIAGRAM
locate clearly and distinctly all buildings, whether existing or proposedr and indicate all set-back dimensions .
in propertylines. Give street and-block oudher or description according to deed,`and slava* street names and inSi,cate
Cher interior or corner lot.
5ce a- a��/ ✓et1
(LE Of MN YORK,
;Nil OC vFFac_ SS
r^
8 Prt clf-A i 1-1 t-wikv ,.being duly sworn, deposes and says that he is the applicant
me of individual signing contract)
me named,
is Che ......... .: ! '' ......-..........
Contractor, agent, corporate officer, etc.
( iPo )
I said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
,iication; that all statements contained in this application are true 1.'4) the best of his knowledge and belief; and
at the work will be performed in the manner set forth in the application filed therewith:
ori to before me this
da ofGt- .-C-...19 .. ' )c)
Notary Public /. ,tA. / • '
ELIZABETH A STATHIS Signatuue of.Applicant)
NOTARY pl fBUC,State of Newyork
No,crisig008173,Suffolk Count/
Term Expires.lu a 20 '
•
r# @ 7„.,„
, •,, ....„
v,a
,. . ( 7o -72.0, ams2
• R /Way a4i4r, 'nil
TQWH OF SOUTHOLD, NEW YORK •
APPEAL FROM DECISION or BUILDING INSPECTOR APPEAL NO. ygf 9 J'
DATEDecember 26, 2000
TO 'T'IIE ZONING BOARD OF APPEALS, TOWN OF SOUTIIOLD, N. Y. � � //
I ( ) Alexandra Jgnes of 11A Bayview Lane
!o fi ed tion d 9E X353
Name of Appellant Street cud Number
Huntington NY HEREBY APPEAL TO
Municipality State
ORDER DATED DECEMBER
THE ZONING BOARD OF APPEALS FROM TI IE bEanatli OF THE BUILDING INSPECI.OR W
6, 2000, TO STOP WORK WITH RESPPECTZTO DATED .Aug}Is ; 1 � 2QQQ
AsX PERMIT NO,
VAUMEINGUIMMANIUDMIGUMISEKKKMaxiaatillaCo5b
AND IN THE ALTERNATIVE FOR A VARIANCE FROM ARTICLE 46, SECTION 46-17 OF THE TOWN CODE:
ALEXANDRA JONES, AS CONTRACT VENDEE (NOW OWNR)
Name of Applicant for permit
of
11A BAXnnrb?..1F EWALTZNfr2RDI NX
Street and Number Municipality State
XMODDRERIMIDOCEOXEESE
X 'i%':;:•.‘1. r 14,€4 t.4 h'1' i♦4J O _
XXXK
1. LOCATION OF THE PROPERTY K ig..LA s CQ C)1OGUE
Street /flantlet / Use istrict on Zoning Map
District 1000 Section 138 Block2 Lot3.004,
_.� ....._..._............._.. urt en t Owner ALEXANDRA JONES
Mop No. Lot No. Prior Owner NORMAN STONE
2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate he Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quoit the Ordinance.)
Article 46 Section 46-16,17
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( 1 A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
(X) REVERSAL OF DETERMINATION OF THE BUILDING INSPECTOR TO STOP WORK
• (X) A VARIANCE FORM ARTICLE 46 SECTION' 46-16,17 OF;='THEsTOWN-CODE.
• 4. PREVIOUS APPEAL A previous appeal ' (hos) (hos not) been made wit t respect to this decision
of the Building Inspector or with respect to this property. •
Such appeal was ( ) request for a special permit
( ) request for a variance
and wos mode in Appeal No. N/A Doted r
•
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( X) REVERSAL OF DETERMINATION OF BUILDING INSPECTOR TO STOP 'WORK
(X) A VARIANCE FROM ARTICLE 46 SECTION 46-16,17 OF THE TOWN CODE.
is requeste ort a reason that
SEE ATTACHED
Form ZDI (Continue on other side)
•
•
l
% 1
TOWN OF SOUTHOLD POPERTY RECORD CARD
/ 000 - 732 - D -3.4
OWNER STREET 5055 VILLAGE DISTRICT SUB. LOT Pflr. oft /oy y.
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AGE , BUILDING CONDITION cc./ il- 11,09C-; N CI IP- ` e)o I 1111
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER
.10 C'• t r
Farm Acre Value Per Acre Value FRONTAGE ON ROADijf
Tillable 1 BULKIlEAD `� UPr'< f.,
i Tillable 2 DOCK
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Woodland /
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1 Brushland
House Plot
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Total
-SURVEY OF PROPERTY
PINE TREE ROAD SITUATED AT
CUTCHOGUE
W
' MoTOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
- S,C. TAX No. 1000-135-02-3.4
erg r� gis'. 1000-138-02-38
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A GLORIA T. NIXON 44
iJoseW A hgegno
" ti" "" Land Surveyor
CERTIFIED TO: fwana
LANDOWNERS ABSTRACT CORPORATION Niat + ,py sz+e+ 9wlxbv --fqa _ zroart
COMMONWEALTH LAND TITLE INSURANCE COMPANY
ALEXANDRA BONES •� , ;, le PRONE(9111027-2080 Fm,(631)7227-1727
TOE ANG mama a NW Of WAYS N, ::w'f"�,: .+: 109 3LOCAE°Al P Bez- 1311
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APPEALS BOARD MEMBERS ,ill 0004
�� ��0 SoutholdCGy�; 53095Hall
Main Road
Gerard P. Goehringer, Chairman p
James Dinizio, Jr. ; H Z P.O. Box 1179
Lydia A. Tortora •p 47$ Southold, New York 11971
Lora S. Collins : d 41 0*/ ZBA Fax (631) 765-9064
George Horning '= °1 4a
� ,'►� Telephone (631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 24, 2001
Eric J. Bressler, Esq.
10315 Main Road
P.O. Box 1424
Mattituck, NY 11952
Re: Appl. No. 4919 — Reversal of Stop Work Order (Jones)
Dear Mr. Bressler :
Enclosed please find a copy of the Appeals Board's determination rendered
at the January 18, 2001 Regular Meeting.
Please be sure to follow-up with the Building Department (765-1802) for the
next step in this building/zoning process. A copy of this determination has been
furnished to the Building Department for their update and permanent file.
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Building Department
APPEALS BOARD MEMBERS ,I,�,•
SVFFO(�-C
Southold Town Hall
OG
Gerard P. Goehringer, Chairman ;_� y�: 53095 Main Road
James Dinizio,Jr. ; y Z P.O. Box 1179
Lydia A. Tortora ‘`.?%' 41? Southold, New York 11971
Lora S. Collins e •11 ZBA Fax(631)765-9064
George Horning `=��1 JIi 4:0" Telephone(631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 18, 2001
Appl No. 4919—ALEXANDRA JONES
Street & Locality: 5055 Skunk Lane (a/k/a Bay Avenue), Cutchogue PARCEL 1000-138-2-3.4
Date of Public Hearing: January 18, 2001.
FINDINGS OF FACT
Property Facts: The subject property is a lot on the east side of Skunk Lane (Bay Avenue) in
Cutchogue, containing 17,562 sq. ft. according to a survey by Joseph Ingegno, L.S. dated March 1,
2000. It is improved with a single-family home in the final stages of construction.
Basis of Appeal: Building Inspector's Stop Work Order, dated December 6, 2000, stopping work
on the home because of nonconformance with Chapter 46 of the Southold Town Code, entitled
"Flood Damage Prevention."
Applicant's Request: Applicant asks the Board to reverse the Building Inspector's determination
that the house under construction is subject to Chapter 46 of the Town Code, and to reverse the
Stop Work Order that was issued based on that determination. Alternatively, if the Board agrees
that the project is subject to Chapter 46, applicant requests a variance pursuant to Section 46-22A
of the Town Code.
Reasons for Board Action, Described Below: On the basis of testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
(1) On August 18, 2000, Building Permit 26724Z was issued for construction of a single-
family home on the subject property. A survey by Joseph Ingegno, dated March 1, 2000, was
submitted with the permit application and shows the westerly section of the property to be in Flood
Zone AE 8 but the house location to be in Zone X, that is, not in a special flood hazard area
("SFHA"). Chapter 46 of the Town Code applies to structures in "SFHAs." Zone AE 8 is a "SFHA."
(2) Construction commenced in September 2000, and the foundation was inspected and
approved by the Building Department on September 15th and September 23rd. The foundation
survey by Joseph Ingegno, dated September 23, 2000, shows the foundation to be in Zone X, that
is, not in a "SFHA."
(3) On November 21, 2000, Joseph Ingegno prepared an Elevation Certificate on the form
prescribed by the National Flood Insurance Program. The Certificate states that the house under
construction is in Zone X, based on Flood Insurance Rate Map ("FIRM") panel 164G. Building
Department records indicate that this Certificate was requested by the Building Department on
November 20, and applicant testified that it was submitted to the Building Department on
t- Page 2—January 18, 2001
Appl. No. 4919—Alexandra J
1000-138-2-3.4 at Cutchogue
November 28`h. It was at approximately this time that Building Department records first indicate
concern over the possible applicability of Chapter 46 to the project.
(4) On December 6, 2000, the Building Department issued a Stop Work Order because of
"nonconformance with Chapter 46 of the Town Code." Applicant testified that the house is
complete except for interior finish work.
(5) At the hearing on January 18, 2001, Joseph Ingegno testified that the line between
Flood Zone AE 8 and Zone X, shown on his surveys of the subject property and used in preparing
the Elevation Certificate, was determined by the standard practice of scaling from the applicable
"FIRM."
(6)At the hearing on January 18, 2001, Edward Forrester, head of the Building Department,
testified that the Department agrees that Mr. Ingegno's surveys were accurately prepared
according to the standard practice of scaling from the "FIRM." However, Mr. Forrester further
testified that in recent discussions and meetings, officials of the New York State Department of
Environmental Conservation (which administers the National Flood Insurance Program in New
York) stated that if actual land contours do not exactly match the applicable "FIRM," flood zone
borders should be determined by the actual contours. The actual 8-foot contour on the subject
property passes through the house whereas the "FIRM" line delineating Zone AE 8 lies to the west
of the house. On the basis of this actual contour and the DEC's stated position regarding
determining "SFHA" borders, the Building Department determined that the house is in Zone AE 8
and subject to Chapter 46 of the Town Code.
(7) Mr. Forrester submitted materials including E-mail exchanges among DEC personnel in
November and December, 2000, relating to how "SFHA" borders should be determined, and a
memo, dated December 5, 2000, from the New York State coordinator of the National Flood
Insurance Program proposing that communities determine such borders by actual elevation rather
than by scaling from the "FIRM." The author of the memo stated his view that a community has
authority to do this if its local law provides that "SFHAs" are to be determined both from the
applicable "FIRMs" and from the applicable "Flood Insurance Study," but that he had not obtained
legal support for this position. Section 46-6 of the Town Code refers to both documents, and the
Building Department apparently believed for this reason that our Code justifies the Stop Work
Order issued December 6, 2000.
(8) The Board concludes that Building Permit 26724Z was issued correctly on August 18,
2000, based on Chapter 46 of the Town Code. There is no evidence that the Building Department
erred in issuing the permit.
(9) The Board concludes that applicant's surveyor correctly interpreted existing Southold
Town law as to the borders of "SFHAs." Testimony indicated that the Building Department
intended to change the way such borders are determined, but even if our local law were changed
in this manner, the Board believes that such a change should not apply retroactively to a project
such as this one that was properly issued a building permit under existing law.
4Page 3-January 18, 2001
Appl. No. 4919-Alexandra
1000-138-2-3.4 at Cutchogue
Resolution/Action: On motion by Member Tortora, seconded by Member Collins, it was
RESOLVED, that this Board finds that the Stop Work Order of December 6, 2000, was
issued in error because the house under construction is not in a "SFHA" as determined under
existing Southold Town law, and, in accordance with this Board's authority under Sections 46-22B
and 100-271A of the Town Code, the Stop Work Order is REVERSED.
Vote of the Board: Ayes: Members Goehringer(Chairman), Dinizio, Tortora, Collins. (Member
Homing of Fishers Island was absent.) This Resoluti•. as duly ed (40).
* * *
-ERARD P. GOEHRINGER, HAIRMAN
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P c
10315 MAIN ROAD, P 0 BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE
ERIC J BRESSLER 275 BROAD HOLLOW ROAD
ABIGAIL A.WICKHAM SUITE III
LYNNE M GORDON 631-298-8353 MELVILLE, NEW YORK 11747
JANET GEASA TELEFAX NO 631-298-8565 631-249-9480
TELEFAX NO 631-249-9484
December 26, 2000
Town of Southold Zoning Board of Appeals
53095 Main Road
Post Office Box 1179
Southold,New York 11971
Re: Application of Alexandra Jones
Premises: 5055 Skunk Lane, Cutchogue,New York
SCTM# 1000-138-2-3.4
Ladies and Gentlemen:
Enclosed are the following documents in connection with the above application for an
appeal from decision of the building inspector:
1. Application and copy of decision for which appeal is taken;
2. Questionnaire for filing with ZBA application;
3. Short Environmental Assessment form;
4. Transactional Disclosure form;
5. Application fee in the amount of$400.
Please contact the undersigned if anything further is required.
Very truly yours,
t -
EJB/dc Eric J. Br•ssler
encl.
30/shdtnzba
cc. Town of Southold Building Dept.
ct3 V/0/
27
OUMAS HOME BUILD :fretie-
ERS
P.O.BOX 361 (631)929-4570
WADING RIVER,N.Y. 11792. FAX(631)929-5071
January 11,2001
Alexandra Jones
11A Bayview Lane
Huntington,N.Y. 11743
RE: 5055 Skunk Lane,Cutchogue,N.Y.
Dear Ms.Jones:
Per your request, I am submitting to you the figures of the cost to do the changes
that would be required for the stop work order issued by the Southold Building
Department.
Due to the shortness of time the following are only estimates:
1. to fill in with soil and cement top coat the"as built" $10,000
2. remove basement stairs and windows in place today 2,500
3.recut openings in concrete for crawl space,close others 2,200
4. remove water lines and plumbing already installed in
basement and run through existing concrete 2,000
5. remove electrical panel,circuits and wiring already
installed in basement 4,300
6. remove door opening to interior basement entry, frame and
re-rock foyer in hallway 2,300
7. architect to re-design new area or building for burner
system and oil tank 1,250
NOTE: Cost to build this space and where located,
as garage has not enough space to house this,therefore area
most likely would have to be constructed outside premises approx 25,000
.I cerely,
John Zoumas
FEDUN REAL ESTATE. INC.
P.O. BOX 842
Main Rd. &Linda Ave.
AQUEBOGUE, NY 11031
631-722-5000
Fax 631-722-3139
Jan. 10, 2001
Ms. Alexandra Jones
11A Bayview Lane
Huntington Bay,NY 11743
Re: 5055 Skunk Lane, Cutchogue,NY
Dear Ms. Jones:
Please be advised that eliminating the basere4z`to the current house plans will
greatly reduce the potential value here by as much as $45,000 to $50,000 and we would
advise you not to alter the already approved plans from the Town Departments.
Sincerely,
Al Langenus
Lic. R. E. Salesperson
Mary Kerwin 116'S'
RR1, Box 4955 //0/
Pine Tree Road A
yti‘L'
Cutchogue, New York
11935
January 12, 2001
Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
RE: Application of Alexandra Jones
Ladies & Gentlemen:
I am the owner of property adjacent to the North of property of Alexandra Jones,
which is the subject of this application. My property is improved by a single
family residence with a basement. I have lived in my house for more than 30
years. There is no reason why the applicant should not be given permission to
complete the construction of her house as previously approved. Accordingly I
ask that you grant the applicant the relief she is seeking.
Very truly yours,
-7,v,„,1 H ./Goz-o-----
Mary Kerwin
FROM : ESE I NC FAX NO. : 5188468703 Tan. 17 2001 02:03P11 P1
{eAig
Earth Sciences ,ep
jito-a=
34 Lachmete Lane
Nashua,NH 03063
Phone 603486-5174
17 Jan 2001
Wickham,Wickham&Bressler,PC
10315 Main Rd PO Box 1424
Mattituck,NY 11952
Fax 631-298-8565
Attn:Eric J Bressler Esq
Dear Mr Bressler,
I support completion of the residence of Ms.Jones on my former property at 5055 Skunk
Lane and support,with the understanding that I have not seen the approved plan,the
Request to Reverse Stop Work Order. I am basing this on the assumption that a basement
floor below minimum flood level is probably the problem.Waterproofing the basement,
installation of drains and an adequate sump pump,and location of utilities such as oil
burner or other heating and electrical equipment in a safe area,should be possible and
should minimize most future problems..
1 do not have a house plan,as I have only the plot plan which you sent me.But it seems
to me that,having granted the original building permit,the Southhold Town Building
Dept should have no objection to completion of the building to plan,as it probably would
be a hardship on Ms Jones with little to be gained by strict enforcement of a rule after the
fact of near completion of the dwelling. Why was this objection not raised when the
plans were first reviewed?. It does not seem equitable that Ms. Jones,having relied on
the permission to build evidenced by the Building Permit,should not then be allowed to
build the building shown in the plans submitted at the time of granting of the permit.
Further,it seems to me that,even if a portion of the building is at an elevation below the
minimum flood elevation(which I cannot be sure of),the main person affected will be
Ms.Jones.If she is willing to take the risk of potential flooding,which is probably
infrequent,why should she not be allowed to do that?I also note that the lot is located
deep on a well-sheltered inlet off the bay,and seems unlikely to suffer severe wave
damage.I would also ask whether other nearby existing buildings arc entirely constructed
above the flood level,and what has been their experience?
I do not plan to be at the hearing,due to business in NH,but you can reach me at my
office in NH above if you wish to discuss this further.
Sincerely
Norman L St E NY,NH,ME
R,(„e_0(--fe) c 4
IDI - ',CO )‘A-4
at 18 1-1,'
New York State Department of Environmental-Conservation
Division of Water, Region One 1111111,
Building 40-SUNY, Stony Brook, New York 11790-2356
Phone: (631)444-0405 • FAX: (631)444-0407 _
Website:www.dec.state.ny.us John P.Cahill
Commissioner
January 8 2001 Q d A Ai
Edward Forrester //0/
Director of Code Enforcement
Town of Southold
Box 1179, 53095 Main Road
Southold,NY 11971
Dear Mr.Forrester,
This is in response to the discussions we have had regarding the use of the Flood Insurance Study(FIS)-in
addition to the Flood Insurance Rate Map(FIRM)-for establishing the jurisdictional limits of the National
Flood Insurance Program.
The FIRM was created with information from the FIS,but it is only as good as the base map upon which it
was drawn. A detailed topographic map is essential to the accuracy of the FIRM. But it is extremely cost
prohibitive for the Federal Emergency Management Agency(FEMA)to do a detailed topographic survey
within the special flood hazard area. This is why the FIRM does not accurately depict the flooding hazard.
It is a common problem for all communities participating in the National Flood Insurance Program.
Section 46-5 "Applicability" of your town's flood plain ordinance states that the law shall apply to all
areas of"Special Flood Hazard". Section 46-6`Basis for establishing the areas of Special Flood Hazard"
clearly states that BOTH the Flood Insurance Rate Map(FIRM),AND the Flood Insurance Study(FIS)
are to be used for determining the areas of"Special Flood Hazard". Section 46-14"Duties and
Responsibilities of the Local Administrator"states that if a proposed building site is located in an area of
Special Flood Hazard,then all new and substantial improvements shall meet the construction standards.
For your use and information,I have attached some I've had correspondence with William Nechamen who
is the New York State National Flood Insurance Program Coordinator. The"Mary"he refers to is Mary
Colvin from FEMA Region 2,Mitigation Division.I hope this clarifies our discussion. Should you require
further assistance please feel free to call me at 631-444-0423.
Sincerely,
Eric Star
Environmental Program Specialist
cc.W.Nechamen
ammemana& •
Eric Star-Re:What ever happened to Page 1
From: William Nechamen
To: Star, Eric
Date: 12/5/00 9:58AM
Subject: Re:What ever happened to
I spoke to Mary about this yesterday. She agreed with my suggested view that because a community
adopts the FIS along with the maps, it is within their rights to interpret the SFHA by elevation...for areas
contiguous to mapped SFHA's. I suggest that we go in that direction. Meanwhile, I'll try to get a legal
opinion from upstairs that agrees with me.
>>> Eric Star 12/04/0011:11AM>>>
I hate to bug you about this but I'm supposed to meet with all of Southold's building inspectors
tommorrow morning to get them all thinking on the same page. They have a lot of pending applications
where the FIRM does not agree with topography. The builders insist on basements because the FIRM
incorrectly places them in Zone X.
>>>William Nechamen 12/01/00 10:24AM>>>
I'd forgotten about that....That was indeed my take on matters at the time..that the community MAY
make an argument that they adopted the FIS as well as the map and can use that as the basis for
enforcing the elevation. But that was just my opinion. That's why I copied Mary for another opinion. I
also asked Al Knapp if he has anything further. Hold tight. ff
>>> Eric Star 12/01/00 09:41AM>>>
Did this ruling(that the map is a zoning map, and the final word)come out of that law suit? Because last
year we were told to use both the map AND the FIS to determine jurisdiction,which is what we are doing.
Does this change things?
>>>William Nechamen 12/01/00 09:34AM>>>
In NYS,the map rules. So he is not in the flood hazard area even if elevations show him as such.
However, if he does the opposite of what you say: bulldozes the property to lower it to the level of the
adjacent flood prone area,then he has expanded the SFHA. In you situation though, because the map
shows him out, he may fill in without need for a LOMR-F.
FEMA rules and state rules differ somewhat on this. FEMA generally says that elevation rules and
technically that makes sense. However since the maps serve the function of a zoning map in NY,a
community may not enforce outside of the mapped flood hazard area UNLESS it first passes a local law
which allows it that authority. The community may,of course,tell the builder that the map isn't accurate
and that for their own safety,they should elevate.
Mary: Any additions or changes to what I just said?
>>>Eric Star 12/01/00 09:27AM>>>
Here's a question along these lines....
A builder has a map which shows he's in Zone X. The elevations given in the FIS used in conjunction
with the actual topography put him in Zone AE. If during construction he regrades the property,changing
the topography to make the map correct and establishing a true zone X,would he need to file for a
LOMR to make this legal? If so, how would one file for a map revision based on fill if the map is now
correct?
•
This
>>>William Nechamen 11/17/00 03:16PM>>>
To be honest, I don't know. I'll have to ask AI Knapp. He was involved in it.
•
{
Eric.Star-Re:What ever happened tc Page 2
•
>>> Eric Star 11/17/00 03:06PM>>>
What ever happened with that issue in Westchester county where a map incorrectly placed a property
outside of the flood zone when it was in by elevation? The local community did not require elevation ,
Fema said they're in the zone and non compliant,and the property owner got a mandatory purchase
requirement as such. Were those Lawsuits ever concluded and if so what was the final determination?
1 mi iu Jldl -Jr rill ue igilduoiis Dy elevation Page 1 !
�• I
From: William Nechamen
To: DEC flood coordinators
Date: 12/5/00 10:08AM
Subject: SFHA designations by elevation
This has come up a couple of times and I'll admit that I've waffled on the answer. The question is
whether a parcel of land which is outside of the SFHA, is contiguous to it, and is lower than the BFE
should be considered to be in the SFHA.
Historically we've been told that in NYS, the map is an instrument of zoning and the local floodplain
administrator may not administer the program outside of the mapped area. However, we know that the
line that designates the edge of the sfha is imprecise due to the level of detail available in the base map
topography, and because of normal errors of scaling.
I spoke to Mary Colvin about this yesterday. I offered the opinion that because a local community adopts
the Flood Insurance Study as well as the FIRM, that they can take the elevations off of the study and use
them.
I intend to approach our legal staff with a legal opinion. Pending that, however, I would advise local
floodplain administrators that in numbered A or V zones, they should determine by elevation whether a
parcel is in or out of the special flood hazard area. This applies to parcels that are in or contiguous to the
SFHA on the map.
sit441--14-,;lis- i'4'fve- I'�h
Relatedly, if a property owner excavates land adjacent to anFHA in a manner that enlarges the
floodplain, that new area should be treated as though it is in the SFHA. For example, if there is a
BFE of 100, and an adjacent property has a natural ground elevation of not less than 102, but the owner
bulldozes the land to elevation 98 contiguous to land within the SFHA, that land is now part of the
floodplain.
Please be patient for further guidance from legal affairs.
Bill
CC: Colvin Mary; Einhom, Richard; Ohlsen, Richard; Weberg Paul
I enc; Lar- rce. rriH aesignations Dy elevation Page 1
From: William Nechamen
To: Anderson, Rebecca; Carroll, Henry; Cherian, Manju; Dunlap, Fred; Foti, Scott;
Fuks, Julius; Kudirka, Joseph; Lamb-Lafay, Carol; Lepak, Larry; Lohmann, Bernard; Mitchell, Brian;
Schmied, Paul; Southard, William; Star, Eric
Date: 12/6/00 9:40AM
Subject: Re: SFHA designations by elevation
>>> Paul Schmied 12/05/00 04:11 PM >>>
I have a small problem with your example of someone excavating contiguous to a SFHA and suggest the
remote possibility of a typo.
>
>>>William Nechamen 12/05/00 10:08AM >>>
Relatedly, if a property owner excavates land adjacent to an SFHA in a manner that enlarges the
floodplain, that new area should be treated as though it is not? in the SFHA. For example, if there is a
BFE of 100, and an adjacent property has a natural ground elevation of not less than 102, but the owner
bulldozes the land to elevation 98 contiguous to land within the SFHA, that land is now part of the
floodplain.
Good eyes, Paul. As usual, the spell check didn't interpret the meaning of the words. Remove the word
"not".
CC: Blanchard, Tom; Nuffer, Fred; Pike, Howard; Wentzel, Richard
tseaL‘'
/ilAterS( pA'
� ' \�
, x
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
10315 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE
ERIC J. BRESSLER 275 BROAD HOLLOW ROAD
ABIGAIL A.WICKHAM SUITE III
LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747
JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480
TELEFAX NO.631-249-9484
January 9, 2001
Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold,New York 11971
Re: Alexandra Jones
Ladies and Gentlemen:
Enclosed, pursuant to your request, are the following: /o
ir
1. Two prints of the building plans; „j
2. Photographs of all land and building areas. , tit-i 1
This should complete the application.
Very truly yours,
tom-�•
ti-
Eric J. Bressler
EJB/kc
30/inneccnm
/
4 Q
0, II pi 1-- -- ' '' '
.,....o.:44. 1__]._ ,
-n-7- i
1 Li
In
•• \O CSG
ELIZABETH A. NEVILLE ��= y1 Town Hall, 53095 Main Road
TOWN CLERK ; y 2 P.O. Box 1179
A �� Southold, New York 11971
REGISTRAR.OF VITAL STATISTICS �lQ 4r
MARRIAGE OFFICER y0� Os Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ,( �a �,i Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER .0,ill"
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: January 10, 2001
RE: Zoning Appeal No. 4919
Transmitted herewith is Zoning Appeals No. 4919—Alexandra Jones - Zoning Board of
Appeals application for variance. Also included is a cover letter from Wickham, Wickham &
Bressler, building permit application, two copies of the building permit, a copy of the survey, a
copy of the building department inspection sheet, an elevation certificate, a stop work order,
ZBA questionnaire, a SEQR form, and an applicant transactional disclosure form.
IS REQUESTED FOR THE REASON THAT:
(1) On July 14, 2000 Applicant applied for a Building Permit for a single family
residence on the property. On August 17, 2000 the application was
approved and on August 18, 2000 a building permit was issued. Copies of
the application and permit are annexed hereto and included herein as exhibit
"A" and Exhibit "B".
(2) Construction on the residence was commenced and a foundation was
installed in or about early September, 2000. The foundation was inspected
and approved for damp proofing on September 15, 2000.
(3) The foundation was damp proofed and inspected and approved for framing
on September 23,2000, subject to a foundation survey.
(4) On September 23, 2000 a foundation location survey was done and
thereafter submitted to the building department and approved on October 1,
2000. A copy of the foundation survey is annexed hereto and incorporated
herein as Exhibit "C". The survey shows the house to be outside of the flood
zone.
(5) Thereafter the house was framed and utilities installed. The framing and
rough utilities were approved on November 30, 2000. A copy of the
inspection sheet is annexed hereto and incorporated herein as Exhibit "D".
(6) On November 28, 2000 an elevation certificate pursuant to FEMA was
submitted to the Building Department showing the height of the land
surrounding the house to be at least 8.1 Feet, the garage slab to be 8.7 feet,
and the first floor to be 11.5 feet. A copy of the elevation certificate is
annexed hereto and incorporated herein as Exhibit "E". This certificate also
shows the residence in an "X", or non-flood zone.
(7) The house is substantially complete, needing only sheetrock and finish
utilities and finish work.
(8) On December 5, 2000 the Building Department indicated for the first time
that the house was required to meet the requirements of Chapter 46 of the
Town Code.
(9) On December 6, 2000 the Building inspector issued a stop work order
pending compliance with Article 46. A copy of the Stop Work order is
annexed hereto and incorporated herein as Exhibit "F".
(10) Chapter 46 of the town code of the Town of Southold is Entitled Flood
Damage Prevention and applies to construction in areas of special flood
hazard and Section 46-6 establishes the basis of areas of special flood
hazard as set forth therein. Sections 46-16 and 46-17 thereof provide for
standards for residential structures in areas of special flood hazard. Flood
zones are based upon the 100-year flood plain and are shown on the flood
maps. The house is outside of a special flood hazard zone.
(11) The residence is not in a special flood hazard zone, as demonstrated by
Exhibit "C", and confirmed by Exhibit "E". Rather, the residence is in an "X",
or non-flood zone. Accordingly, Article 46 has no application to the
residence and the Stop Work order should be reversed.
(12) In the event the Board determines that the residence is in a special flood
hazard zone regulated by Article 46 nonetheless the Board should grant a
variance from the requirements of Article 46 and thereupon reverse the Stop
Work order.
(13) Article 46 vests in this Board the power to review determinations and grant
variances regarding the applicability of Article 46, as specifically set forth in
Section 46-22. The standard to be applied in granting a variance is as
follows:
1. The danger that materials may be swept onto other lands to the injury
of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the
community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage.
7. The compatibility of the proposed use with existing and anticipated
development.
8. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program of the area
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles.
10. The costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding.
11. The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site.
12. The costs of providing governmental services during and after flood
conditions, including search and rescue operations and maintenance
and repair of public utilities and facilities such as sewer, has, electrical
and water systems and streets and bridges.
Variances may generally be granted pursuant to section 46-23 for new
construction on a one-half acre or less when adjacent to lots with existing
structures below the base flood levels. To grant a variance the applicant
must make a showing of: (1) good and sufficient cause; (2) failure to grant
the variance would result in exaggerated hardship to the applicant; (3) the
variance would not result in increased flood heights, additional threats to
public safety or extraordinary public expense or create nuisances or cause
fraud on or victimization of the public or conflict with existing local laws or
ordinances. The instant application meets these standards.
(14) Applicant meets the standard for a variance based upon the following facts:
(a) Applicant proceeded in good faith to commence and substantially
complete construction on the residence prior to any notice from the
building department regarding the potential applicability of Article 46.
(b) Applicant has expended in excess of$246,000 on construction on the
residence and it would cost at least an additional $40,000 plus the cost
of an additional structure to house the oil burner and fuel tank to make
the changes necessitated by Article 46. Moreover, the entire nature of
the residence would be altered, thereby diminishing it's value by at
least $50,000. It would work an extreme hardship on Applicant if the
variance weren't granted.
(c) The building department issued building permits where Article 46 is
involved which put the applicant on notice of same. A copy of such a
Building Permit is annexed hereto and incorporated herein as Exhibit
"G". The building permit in issue contains no such notation. The
applicant relied on the absence of such a notation.
(d) The building Department had in its possession at all times the relevant
information concerning the flood zone applicable to the property and
elected not to act until the house was substantially complete.
(e) Assuming, arguendo, that the house is in a flood zone, its inclusion
therein is by the slightest elevational and geographic margin such that
the variance sought is not significant.
(f) The house is being constructed without federally related funds, so that
there is no issue of non-compliance with federal lending standards.
(g) The home sits on property of less than half an acre, as shown on
Exhibit "C", and is contiguous to two parcels improved by residences
which do not comply with Article 46 and are at similar elevations.
(h) There is no danger that materials may be swept onto other lands to the
injury of others since the elevation of the house exceeds 8'.
(i) There is no danger to life and property due to flooding or erosion
damage. The house sits at least 8' in elevation and ther is no evidence
or history of flooding or erosion at the site.
(j) The house is not susceptible to flood damage due to it's location and
elevation. The applicant is aware of the risks inherent in the
construction of the house.
(k) The house provides needed housing in the Town of Southold.
(I) There is no acceptable alternative construction site for the house due
to it's stage of completion.
(m)The use of the property for housing is compatible with the surrounding
area.
(n) The safety of access to the house is the same as that of the adjacent
properties and by way of improved town roadway suitable for ordinary
and emergency vehicles.
(o) There are no anticipated dangers for search and rescue operations.
(p) There are no costs of providing government services as set forth in
46-22(D)(12) as the house is on a town road and serviced by public
utilities from the street.
(q) The granting of a variance will not increase flood heights or result in
additional threats to public safety or extraordinary public expense or
create a nuisance , or cause of fraud.
(r) The house is otherwise in accordance with all local laws and
ordinances.
(15) Based upon the foregoing, the Board should reverse the stop work order on
the grounds that Article 46 is not involved or in the alternative, grant a
variance for Article 46 and reverse the stop work order.
A , 1 • ,
r
Alexandr. Jones, Applic,
State of New York)
ss.:
County of Suffolk )
Sworn before me on this 26th day
of Decem r, 2000.
:2
Notary Public
ERIC JONATHAN BRESSLER
Notary Public,State of New York
No.52-4622371
Qualified in Suffolk Coun
Commission Expires May 31, I .,
14/jones
b
PORN NO,. 3
TOWN OF soUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 26724, Z Date AUGUST
16 2000
Permission is hereby granted to:
STONE ALEXANDRA JONES
055 SKUNK LANE
CUTCHOGUE,NY111935
for :
CONSTRUCTION OF A ONE FAMILY DWELLING WITH 3 BEDROOMS 2
GARAGE AND COVERED PORCH AS APPLIED FOR.
at premises located at 5055 gXUNK LA _ CUTCHOGUE
County Tax Map No. 473889 Section 138 Block 0002
Lot No. 003.004
pursuant to application dated JULY 14i 2000 and approved by the
Building Inspector.
Fee $ 686.60
Authorize•`ignature
Rev. 2/19/98 ORIGINAL
Zd Wd6b:ZO 0002 L0 'oala tS68-8L8-T29 : 'ON Xtid ON I OW I S34 D : 14084
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FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 3067-0077
1 • NOV 2 8 2000 J NATIONAL FLOOD INSURANCE PROGRAM Expires July 31, 2002
�. ._. _ _ --: ELEVATION CERTIFICATE
_ P. • :_D Important: Read the instructions on pages 1 -7.
SECTION A-PROPERTY OWNER INFORMATION For Insurance Company Use:
BUILIOING OWNER'S NAME _.„. Policy Number
� NDo
Lcite oAvor ,
BUILDING STREET ADDRESS(Including Apt.,Unit,Suite,and/or Bldg.No.)OR P.O.ROUTE AND BOX NO. Company NAIC Number
Ba cJ Cie iv06
CITY STATECOIGNOGVe ALZIP CODE//53;
PROPERTY DESCRIPTION(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.)
/00o - 138 - 02 - 3 .y
BUILDING USE e.g.,Residential,Non-residential,Addition,Accessory,etc. Use Comments section if necessary.)
k.eS/Ar�tin r-
LATITUDE/LONGITUDE(OPTIONAL) HORIZONTAL DATUM: SOURCE: U GPS(Type):
( ##°-11.'-#i#.W or 1141.1tINN#°) U NAD 1927 LI NAD 1983 U USGS Quad Map U Other
SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION
B1.NFIP COMMUNITY NAME&COMMUNITY NUMBER B2.COUNTY E B3.STATE r/
7-ow•v Odc Sovt6o/d 36 of/3 S u 1 Iv Pc N• 7 ,
B4.MAP AND PANEL B5.SUFFIX B6.FIRM INDEX 87.FIRM PANEL B8.FLOOD B9.BASE FLOOD'ELEVATION(S)
NUMBER DATE EFFECTIVE/REVISED DATE ZON (S) (Zone AO,use depth of flooding)
/G4 G my Al//5'
BI0.Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in B9.
JJ FIS Profile 1^/: ,1 FIRM 1_1 Community Determined JJ Other(Describe):
B11. Indicate the elevation datum used for the BFE in B9:IJ NGVD 1929 LI NAVD 1988 J_I Other(Describe):
B12.Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? LJ Yes V,J No
Designation Date:
SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED)
Cl.Building elevations are based on: LJConstnxtion Drawings* LJBuilding Under Construction* XJFinished Construction
*A new Elevation Certificate will be required when construction of the building is complete.
C2.Building Diagram Number Z- (Select the building diagram most similar to the building for which this certificate is being completed-see
pages 6 and 7. If no diagram accurately represents the building,provide a sketch or photograph.)
C3.Elevations-Zones A1-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,ARAE,AR/A1-A30,AR/AH,AR/AO
Complete Items C3a-i below according to the building diagram specified in Item C2.State the datum used. If the datum is different from
the datum used for the BFE in Section B,convert the datum to that used for the BFE.Show field measurements and datum conversion
calculation. Use the space provided or the Comments area of Section D or Section G,as appropriate,to document the datum conversion.
Datum Conversion/Comments
Elevation reference mark used Does the elevation reference mark used appear on the FIRM? Yes J2J No
❑ a)Top of bottom floor(including basement or enclosure) Z . G ft.(1t) eo f
❑ b)Top of next higher floor 1/ . s- L(sr) a -'
O c)Bottom of lowest horizontal structural member(V zones only) -- =ft.(re) I I i ._
O d)Attached garage(top of slab) 8 .Z ft.(0) '•
0 e)Lowest elevation of machinery and/or equipment °' �' �` ��
servicing the building -'e r 'F) yPtft•(� a _- tr.,,,„
O f)Lowest adjacent grade(LAG) N .�I` ft:(� z. *.` '1e:
❑ g)Highest adjacent grade(HAG) 9 . 2- ft-414 / . ' '`
O h)No.of permanent openings(flood vents)within 1 ft.above adjacent grade O 3 '. .
❑ )Total area of all permanent openings(flood vents)in C3h sq.in.(sq.cm) -_, -,LA
SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation information.
I certify that the information in Sections A,B,and C on this certificate represents my best efforts to interpret the data available.
I understand that any false statement/ may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.
CERTIFIER'S NAME J0541%4 p iN� AO L. S . LICENSE NUMBER �,6G p
C y / A NAME A. ivy /y�'o L•v,./ Seu//Oz c
ADDRESS // ITY J c S 1 /STATE ZIP CODE
/?O - ,Bov_ /73//� ,C l V NQ4.� /V- y //90/-0 90�
SIGNATURE 4w/ , DATE /1-21-00 TELEPHONEG31- 7Z7-2-oY0
FFMA Fnrm R1-.'1 Al IG 99 SEE REVERSE SIDE FOR CONTINUATION REPLACES ALL PREVIOUS EDITIONS
IMPORTANT: In these spaces,copy the corresponding information from Section A. For Insurance Company Use:
BUILDING STREET ADDRESS Induding Apt,Unit,Suite,and/or Bldg.No.)OR P.O.ROUTE AND BOX NO. Policy Number
Bay A va-,l,vi
CITY STATE ZIP CODE Company NAIC Number
Cvr-cWo OE ivy . /193
SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED)
Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner.
COMMENTS
1_1 Check here if attachments
SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE)
For Zone AO and Zone A(without BFE),complete Items El through E4. If the Elevation Certificate is intended for use as supporting
information for a LOMA or LOMR-F, Section C must be completed.
El.Building Diagram Number (Select the building diagram most similar to the building for which this certificate is being completed—
see pages 6 and 7. If no diagram accurately represents the building,provide a sketch or photograph.)
E2.The top of the bottom floor(including basement or endosure)of the building is I I I ft.(m)J I lin.(cm) Uj above or Li below
(check one)the highest adjacent grade.
E3.For Building Diagrams 6-8 with openings(see page 7),the next higher floor or elevated floor(elevation b)of the building is
I I I ft-(m)I I lin.(cm)above the highest adjacent grade.
E4.For Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's
floodplain management ordinance?LJ Yes U No U Unknown. The local official must certify this information in Section G.
SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION
The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or
community-issued BFE)or Zone AO must sign here.
PROPERTY OWNER'S OR OWNER'S AUTHORIZED REPRESENTATIVE'S NAME
ADDRESS CITY STATE ZIP CODE
SIGNATURE DATE TELEPHONE
COMMENTS
U Check here if attachments
SECTION G-COMMUNITY INFORMATION(OPTIONAL)
The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete
Sections A,B,C(or E),and G of this Elevation Certificate. Complete the applicable item(s)and sign below.
61.LJ The information in Section C was taken from other documentation that has been signed and embossed by a licensed surveyor,
engineer,or architect who is authorized by state or local law to certify elevation information. (Indicate the source and date of the
elevation • _'IQ the Comments area below.)
G2.Li A -• I completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or
G3.u folio ng info ;'n(Items G4-G9)is provided for community floodplain management purposes.
G4.PgAIIT NUMBER G5. DATE PERMIT ISSUED G6. DATE CERTIFICATE OF COMPLIANCE/OCCUPANCY
ff ' ISSUED
G7.Th it has •= y-C for. LJ New Construction LI Substantial Improvement
G8. Elevatf • floor(including basement)of the building is: _ft.(m)Datum:
G9. BFE or(niMr))"depth of flooding at the building site is: _ft.(m)Datum:
LOCAL OFFICIAL'S NAME TITLE
COMMUNITY NAME TELEPHONE
SIGNATURE DATE
COMMENTS
1_I Check here if attachments
FEMA Form 81-31,AUG 99 REPLACES ALL PREVIOUS EDITIONS
,o\,SVFFO(,tCO '
tt �
Town Hall,53095 Main Road p .1"4 % Fax(516)765-1823
P.O.Box 1179 Telephone(516)765-1802
Southold,New York 11971-0959
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
STOP WORK ORDER
TO: Zoumas Construction Corp. (Norman Stone)
18 Deerfield Drive
Wading River, NY 11792
YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT:
5055 Skunk Lane, Cutchoque
TAX MAP NUMBER -1000-138-2-3 .4
Pursuant to Section CH. 46 of the Code of the Town of Southold,
New York, you are notified to immediately suspend all work and
building activities until this order has been rescinded
BASIS OF STOP WORK ORDER:
non-conformance with Chapter 46 of the Town Code
CONDITIONS UNDER WHICH WORK MAY BE RESUMED:
compliance with Chapter 46 of the Town Code
Failure to remedy the conditions aforesaid and to comply with the
applicable provisions of law may constitute an offense punishable
by fine or imprisonment or both.
DATED: 12/6/00 -4e7-"'"?
FROM FAX NO. 6738720 c. 13 2000 04:35PM P3
FORK NO. 3
TOWN 01' SOUTHOLD
BUSLDING DEPARTMENT
Towns Hall
:;outhc•]d, N.Y.
vurunSIG PERMIT
(THIS P c R IT MUST EE KEPT ON THE PF E MI3ES UNTIL FULL
:OMPLETION OF THE WORE AUTH C R:!ZED)
PERMIT !O. _ 2 •41 i Date AUGUST 28( 2000
Permission is hereby 'mmted to:
t1EIPE GRA'1 127 VILLAGE ilmog)�lE
for :
CONSTRUCTION OP. A NEW 3I1NGLE FAMILY DWELLING WITH ATTACHED 2 CAR
QARAGE t DECK AS APPL1gD. FOR & TO rim COM. OF THC DEC 4 CK. 46 OF TOWN CODE.
at praises located at 8268 _ 3OVNDV.:EW AVE SOUTHOLD
County' Tex Nap No. 473 :8% Section 159 _ Block 0106 Lot No Op
pursuant to applicatim, dated JULY 4 2000 asd approved by the
Building inspector.
Pee $ ._ 721.0_0
-42f4g4
Pathosed Si tune
Rev. 2/19/98 COPY
14-16-4(2/87)—Text 12
PROJECT I.D. NUMBER 617.21 SEQR
Appendix C
State Environmental Quality Review
• SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPUCANT/SPONSOR 2. PROJECT NAME
Alexandra Jones
•
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
5055 Skunk Lane, Cutchogue, New York
5. IS PROPOSED ACTION:
0 New ❑Expansion ❑Modification/alteration n/a - reversal of stop work order
6. DESCRIBE PROJECT BRIEFLY:
Construction of residence previously approved and structurally substantially complete.
•
7. AMOUNT OF LAND AFFECTED:
Initially <1/2 acres Ultimately < 1/2 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
• ®Yes 0 No If No,describe briefly
•
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
®Residential 0 Industrial 0 Commercial 0 Agriculture 0 Park/Forest/Open space 0 Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL
STATE OR LOCAL)?
❑Yes ®No If yes,list agency(s)and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
El Yes 0 No If yes,list agency name and permit/approval
Town of Southold Building Department - Building Permit
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes INNo revocation of stop work order
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: 4 Alexa dra Jones Date: December 26, 2000
•
Signature: FAN.'. •
l -
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II—ENVIRONMENTAL ASSE; ENT (To be completed by Agency)
•
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF.
❑Yes ❑No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration
may be superseded by another involved agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING.(Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion,drainage or flooding problems?Explain briefly:
C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish,shellfish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly.
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly.
C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly.
•
C7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly.
D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes 0 No If Yes,explain briefly •
•
PART III—DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility;(e)geographic scope; and(t)magnitude. If necessary, add attachments or refefence supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts haye been identified and adequately addressed.
0 Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur.. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the-reasons supporting this determination:
Name of Lead Agency
Print or type Name of Responsible Officer in Lead Agency title of Responsible Officer
•
Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer)
Date
2
'i T
•
• APPLICANT
TRANSACTIONAL DISCLOSURE FOOU4
The Town of Southold ' s Code of Ethics prohibits conflicts of
interest on the part, of town officers and employees. The
purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to take whatever action is necessary to avoid same .
YOUR NAME: Alexandra Jones
(Last name , first name , middle initial, unless
you are applying in the name of someone else or
other entity , such as a company . If so, indicate
the other person ' s or company ' s name . )
NATURE OF APPLICATION: (Check all that apply . )
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
Other
( If "Other, " name the activity . )
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or
employee of, the Town of Southold? "Relatiorship" includes
by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or empl yee owns more than 5% of the
shares.
YES NO
If you answered "YES, " complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself ( the applicant )
and the town officer or employee . Either check the
appropriate line A) through D) and/or descri e in the space
provided .
The town officer or employee or his or her s ouse , sibling,
parent , or child is (check all that apply ) :
A) the owner of greater than 5% of the hares of the
corporate stock of the applicant (whlen the applicant
is a corporation ) ;
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation) ;
C) an officer, director, partner, or employee of the
applicant ; or
D) the actual applicant .
DESCRIPTION OF RELATIONSHIP
Submitted th s w ay ofak . x $x 2000
Signature ` AM6`,6,
Print name Alex. dra Jones.
'
i '•
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached. )
Alexandra Jones
owner
B. Is the subject premises listed on the real estate market for
+ sale or being shown to prospective buyers? { } Yes
(x } No. (If Yes, pl Pa gP attach copy of "condi3-i rm " of sale. )
C. Are there any p uposals to change or alter land contours?
{ ) Yes {x} No
D. 1. Are there any areas which contain wetland grasses? no
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the '—'—
property bulkheaded between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of •
proposed construction at or below five feet above mean sea
level? no (If not applicable, state "N.A. ")
F. Are there any patios, concrete barriers, bulkheads or fe,,r
g.
which exist and are not shown on the survey map that you are
submitting? none If none exist, please state 'none. "
G. Do you have any construction taking place at this time
concerning your premises? yes If yes, please submit a copy
of
ofpyour building permit and map as approved by the Building
If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? yes If yes, please explain where or submit copies
of deeds. across the street
I. Please list present use or operations conducted ;at this
parcel residence under construction
propos-d use residence and
l I
December 26, 2000
Autnoriz •d Signa •e and Date j •
Alexandr. Jones
3/87, 10/901k •
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * 'k RECEIPT * * *
Date: 12/29/00 Receipt#: 150
Transaction(s): Subtotal
1 Application Fees $400.00
Check#: 150 Total Paid: $400.00
Name: Jones,Alexandra
1 aZ Bayview Lane
Huntington, NY 99999
Clerk ID: LYNDAB Internal ID:22252
Jan,-18-01 11 :41A WWBPC 15162988565 P.07
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
AFFIDAVIT
Alexandra .tones OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicants Land Identified as
1000- 13g - 2 - 3.4
------.� -x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
1, Abigail A. Wickham MOBilionlip@t Having an office ar
10315 Main Ruad, Mattituck, New York, being duty sworn, depose and say that:
On the loth day of January , 2001, I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10)feet or loser from
the street or right-of-way(driveway entrance) -facing the street or facing each
street or right-of-way entrance;*and that
I hereby confirm that the Poster has remained in place for seven days
prior to the date of the subject hearing date, i hea nn� t as sown to be
Thursday, January 18, 2001 ( 7 if "
/ (mature)
Sworn to before me this
rPi. day O .January/ , 2001 .
(Mary Public) n00114 M CIITUK
No'APY r'i M ll• 3ta',e C (`'CW Yak
,,; .I459,Suffolk Coq
"near the entrance or driveway entrance of my property, as the area most visible
to passersby.
Jan- 18-01 11 :41A WWBPC 15162988565 P.05
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 18, 2001
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100(Zoning),
Code of the Town of Southold, the following application will be heard at a public hearing by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY. JANUARY 18. 2001, at the time noted below (or as soon thereafter
as possible):
7:50 p.m. Appl. No. 4919 — ALEXANDRA JONES. Request to Reverse Stop Work Order
dated December 6, 2000 regarding Building Permit No. 26724-Z issued August 17, 2000, and in
the Alternative, request a Variance from Town Code Ch. 46, Sections 46-16 and 46-17 (Flood
Damage Prevention Law) with lowest elevation of dwelling construction below the minimum
flood elevation. Flood Zone Designation: "X." Building Permit No. 26724Z was issued August
18, 2000 for construction of a new dwelling with two-car garage and covered porch. Location of
Property: 5055 Skunk La. (a/k/a Bay Ave.), Cutchogue; Parcel No. 1000-138-2-3.4
The Board of Appeals will at the above time and place hear all persons or their
representative desiring to be heard or to submit written statements (before the hearing is
concluded). This hearing will not start earlier than designated. Files are available for review
during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not
hesitate to call (631) 765-1809.
Dated: January 5, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
•
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-- �L STATE OF NEW YORK) }'' ,r
)SS:
BOARD OF APPALSCOUNTY OF SUFFOLK) A
THURSDAY,JANUARY 18,2001 ,
NOTICE IS HEREBY GIVEN, A4 of Mattituck, d -,�
pursuant to Section 267 of the Town county,being duly sworn,says that he/she Is rte ,
�o�
Law and Chapter 100 (Zoning),
Code of the Town of Southold,the clerk of THE SUFFOLK TIMES, a weekly newspaper, ',--
following application will be heard at published at Mattituck, in the Town of Southold,
a public hearing by the SOUTHOLD •
TOWN BOARD OF APPEALS at County of Suffolk and State of New York,and that the
the Town Hall, 53095 Main Road, Notice of which the annexed is a printed copy, has
Southold, New York 11k. on been regularly published in said Newspaper once
at the* Or as'1D0" each week for 1 weeks successively,
commencing on the day
of 1.-A N1 20 AIIIM
Deceria+9r 9f k fir. W
Permit No. 26714 *kid
17, 2000 and in the _ �
OAO%
request a Variance from Town Code
.Ch. 46, Sections 46-16 and 46.17 Prineipa t lerk
(Flood Damage Prevention Law)
with lowest elevation of dwelling
construction below the minimum Sworn to before me this
flood elevation. Flood Zone day of .:-► > 20 Q l
Designation: "X." Building Permit
No. 26724Z was issued August18, CHRISTINA
Notary Pubic,State of New Yost r
20�: - • *
- ' No.01WE6034554
d _ * Qualifi�edinSuffokCounty ?
cb �1`' Coc,:a sion Expires December t3,��
X0053 Slit I.O1lE _Acc �,t�E✓�ZQJ� `i
The Board of Appeals will at the ,
above time and place hear all persons '
or their representative desiring to be
heard or to submit written state-
ments(before the hearing is conclud-
ed).This hearing will not start earlier
than designated. Files are available,
for review during regular Town Hall
business hours(8-4 p.m.).If you have
questions,please do not hesitate to
call(631)765-1809.
Dated:January 5,2001 -
GERARD P.GOEHRINGER,
CHAIRMAN
SOUTHOLD TOWN BOARD
OF APPEALS
Town Hall
53095 Main Road
P.O.Box 1179
Southold,NY 11971
1707-1TJ18
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 18, 2001
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),
Code of the Town of Southold, the following application will be heard at a public hearing by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, JANUARY 18, 2001, at the time noted below (or as soon thereafter
as possible):
7:50 p.m. Appl. No. 4919 — ALEXANDRA JONES. Request to Reverse Stop Work Order
dated December 6, 2000 regarding Building Permit No. 26724-Z issued August 17, 2000, and in
the Alternative, request a Variance from Town Code Ch. 46, Sections 46-16 and 46-17 (Flood
Damage Prevention Law) with lowest elevation of dwelling construction below the minimum
flood elevation. Flood Zone Designation: "X." Building Permit No. 26724Z was issued August
18, 2000 for construction of a new dwelling with two-car garage and covered porch. Location of
Property: 5055 Skunk La. (a/k/a Bay Ave.), Cutchogue; Parcel No. 1000-138-2-3.4
The Board of Appeals will at the above time and place hear all persons or their
representative desiring to be heard or to submit written statements (before the hearing is
concluded). This hearing will not start earlier than designated. Files are available for review
during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not
hesitate to call (631) 765-1809.
Dated: January 5, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
OFFICE OF
BOARD OF APPEALS
Southold Town Hall
53095 Main Road
765-1809 ZBA tel. P.O. Box 1179
765-9064 (ZBA fax) Southold, NY 11971-0959
***********************************************************
January 5, 2001
FACSIMILE TRANSMISSION 298-3287
ATTN: LEGAL PUBLICATIONS
Please note a correction at the top for a January 18, 2001 public hearing instead
of the previous fax sent this afternoon. This was a requested for publication on
January 11th. Thank you for correcting it.
Very truly yours,
4 /
*de? ce_i �- �Ca Kowalski
Attachment (1 page)
Received at Newspaper Office by
• ANSMISSION VERIFICATION REPORT
TIME : 01/05/2001 15:58
DATE,TIME 01/05 15:57
FAX NO. /NAME 2983287
DURATION 00:00:54
PAGE(S) 02
RESULT OK
MODE STANDARD
ECM
41
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
—__--------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
Alexandra Jones OF
(Name of Applicants) MAILINGS c
CTM Parcel #1000- 138 - 2 - 3.4 L
-- — --- --------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Karen Czelatka residing at 1180 Navy Street,
Orient , New York, being duly sworn, depose and say that:
On the 8th day of January , 2001 I personally mailed at the
United States Post Office in Mattituck , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the ( ) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this
8th day of January , 2001
DONNA(NQt!lf Public)
NOTAN i UBLIC,State of New York 'ONNA M. r K
No 4351459,Suffolk County NOTARY •. •, tate of New York
Term Fumes August 18, zev/ No. :- 459, . County
PLEASE list, on the back of this "deVit tort .:d9sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
4
•
U.S. Postal Service ----- -
CERTIFIED MAIL RECEIPT U.S. Postal Servic=
(Domestic Mail Only;No Insurance Coverage Provided) 1,7l��,I'���y I i
(Domestic Mail •n y; .o urance .verage •rovt.e.
1434
Q' �
ir7-4 / )1)/Lie'S .....‹-vik. ,11771:1rho... .-1
cr of'e
fli Postage $ //�\ P•"lrM�
iLrl
Ln g A/ PostageIMMII ��
'� Certified Fee II,,
UI t V ,L�st 1 - Certified Fee /
r`�` V , 0
Return Receipt Fee ° Here • po_,_ r �{
co (Endorsement Required) ( 1 V r-4 Return t eipt Fee I, I {A N r H�'efl "�
ea (Endorsement Required) �' a1 e
O Restricted Delivery Fee t� Restricted DeliveryFee
Q rc •• -rent Required) r � 0 (Endorsement Required)
U.S Postal Service USPS A 7- Qpp��rr ,y,G�
13 Total Postage&Fees �- `i, ORIS "_�
CERTIFIED MAIL
mi
RECEIPT �afrpient' Name(P/ease ''nt Clearly(to be completed by mailer)
n (Domestic Mail Only;No Insurance Coveragem U L _ __
►�7 Provided) pt.,�p o Po'eox'o^mss 't,'C _)T� k- !"�
CzEr- "�
1 fT I odes 1 M1 Nate:,L ; `jQ�' `w
i 27 Postage Wag ' PS Form 38000,February 2000 `'1
See Reverse for Instructions
U7 Certified Fee ,1
ell Return Receipt Fee �� Postmark
irq
(Endorsement Required ���"
) 11' Here
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
r.-
,i AD,des
wix. ' • ' 1!IL
r€
I Postage ) Eli :11 I I A 14 iIi' 1 I IIiM•14I■1
�
,=" Certified Fee Domestic Mail Onl •No Insurance Covera•e Provi.e.
In 1
1-1-1 'claA,
Return Receipt Fee Ny
.20 (Endorsement Required) billi /
I Sb #4111111ftk
U.S. Postal Service o- S
CERTIFIED MAIL RECEIPT Postage $ , �� ,�TITt1Cl��4
(Domestic Mail Only;No Insurance Coverage Provided) Ce tified Fee (�
1 Postmark
t�7
Return Receipt Fee --f Here
113 (Endorsement Required) �rj^'cd r JAN p
HI�� i 'I t In
43
Er II` / 0 Restricted Delivery Fee
p (Endorsement Required)
ru Postage IMEMIN
•?tT T IM Total Postage&Fees $.?�'7='► 3r3 ' /8
Certified Fee 1 A\1 1 uC 4 %- • v �� j'
V7 i jig �1
Regipient's N@me(Pte wPrint ear y)(to bleted by mai-
RsementeceiptFee
=r,„
t'I ')(/"„V`Cr7J�,/�� 103[0
co ( dorsement Required) irt
/�.- H St eel, t.No or O Bo o.
1-1
L:3
estricted Delivery Fee h! 4173
p-
tm (Endorsement Required) `, L')UU!'n1 p City,State,ZI +4 1 f
1(�3
C] Total Postage&Feesmum
L � 1 � ,
O
PS Form 3800,Februar le
_{ r•7f -¢.nx
Recipient'sl ame(P/ease PontPt arly) o `,Iv �,
' °�, ••�;
"' ( 11\ I-. I10
E, •tree t.N or PO /yo,_� /�,,
Er
O 'ty,State, +4
Mi ✓A1-1,
I,- L--• ) Oe-- ..111 1g3
PS Form 3800,February 2003
See Reverse for Instructions
7
4
1000-138-2-3.3 .. +
Mary Kerwin COMPLETE THIS SECTION ON DELIVERY
Mary
4955 SENDER: COMPLETE THIS SECTION
•RR1 Complete items 1,2,and 3.Also complete A ecei(ed by(Pe Paint Carly) B. Date of Delivery
Pine Tree Roaditem 4 if Restricted Delivery is desired. r lje�lrt�(J u../1tunt u{'L f67/bo-OI
Cutchogue,New York 11! ■ Print your name and address on the reverse Sig re
so that we can return the card to you. - ❑Agent
I a-��ick of the mailpiece, X � � 0 •dressee
I000-138-2-4 SENDER: COMPLETE THIS SECTION .�����""19 ❑ -s
Gloria T.Nixon COMPLETE THIS SECTION ON DEL/VERY
• Complete items 1,2,and 3.Also complete
S 19S Skunk Lane item 4 if Restricted Delivery is desiredP A. Rec-ived by(P/easeeiPrint C=:r/y) B. Date of Del'very
Cutchogue,New York 11S • Print your name and address on the reverse �'�� IOrJ 1
so that we can return the card to you. s L)
ing Baa .. .L.:,. C. Signature '
1000-138-2-35 /t,n f //
Agent
11�
SENDER: COMPLETE THIS SECTION
Norman L. Stone +(
• Complete items 1,2,and 3.Also complete A.ORecLETE THIS SECTION ON DELIVERY 7[[[
14 Oak Road item 4 if Restricted Delivery is desired. d Le e a/ B. stiNktym.
Setauket,New York 1173. • Print your name and address on the reverseso _
• eturn
he card to you.
Attachtwe can this card rto thetback of the mailpiece,
C. ig ttS�� • ''�
1000-138-2-36 or on the front if space permits.
Roger Stoutenburgh burgh 1 Article Addressed to: Agent
I D. Is deliveryaddress different from item 1? l�3 gent see
SOS Skunk Lane . 011.n!L I / _ j If YES,enter deliveryaddress below: r
Cutchogue,New York 11 ff fit 1/ IJ Ir 1�1 I`
- I`1- off-- eft
1000-138-2-37
Robert J. Voelkel Jr. and' � `1 �1-n-3 '
_3� 3. a icedrednP
95 Pine Tree Road 1 edified Mail ❑Express Mail 1
Cutchogue,New York 11 [[j]]] Registered ❑Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
2. Article Number(Copy from service label),
4. Restricted Delivery?(Extra Fee)
--�„� , �/7!,c7� El Yes1000-103-6-7.2
Nature Conservancy 'O Do) Z 1-4
d o New York Regional( PS Form 3811,July 1999
Domestic Return Receipt
415 River Street 4th Floor _-._._�_-- 102595- 17i•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. D to ofpelivery
item 4 if Restricted Delivery is desired. 41/7V 9 )'//j,,' j 1//�j
• Print your name and address on the reverse l"► �fl `� l
so that we can return the card to you. C. Signature
• Attach this card to the back of the mailpiece, X / / 1:I Agent
or on the front if space permits. G � r � Addressee
D. Is delivery address di Brent from item 1? g` es
1. Article Addressed to: If YES,enter delivery address below: 0 No
plAogy 4ePwild L/ 7 f 511u-w' L4,i.--'
' ?ode 't r '�' 3. Service, Type
.��/ l t <
Certified Mail 0 Express Mail
L/(/w/1i b( / 0-1 \\C1 3O 0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label)
1o9q Sko Imo►9 S'fcz 1(98
+_ PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789
-r, wr vn.a,aue)
--)D61 , 001`1 5L5z, 9
PS Form 3811,July 1999 J
Domestic Return Receipt
102595-99-M-1789
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
10315 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE
ERIC J.BRESSLER 275 BROAD HOLLOW ROAD
ABIGAIL A.WICKHAM SUITE III
LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747
JANET GEASA TELEFAX NO. 631-298-8565
631-249-9480
TELEFAX NO 631-249-9484
January 8,2001
To property owners adjoining or opposite land owned by Alexandra Jones(SCTM#
1000-138-2-3.4)at 5055 Skunk Lane, Cutchogue,New York:
Enclosed is a Notice of Public Hearing on this request to reverse a stop work order.
Ms. Jones is seeking permission to complete construction of the residence as was
previously approved. She has been stopped from construction after the house was
substantially completed, based upon the Building Department's claim that the house is in
a flood zone and must be considerably modified at this time. Ms. Jones is seeking relief
of this ruling. We trust that you will support Ms. Jones' appeal of the Building
Department's stop work order.
If you have any questions,please contact the undersigned.
Very truly yours,
'r;c, 1-. & vhia-r-
Eric J. Bressler
EJB/kc
30/jonesnei
ends.
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 18, 2001
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),
Code of the Town of Southold, the following application will be heard at a public hearing by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, JANUARY 18, 2001 L at the time noted below (or as soon thereafter
as possible):
7:50 p.m. Appl. No. 4919 — ALEXANDRA JONES. Request to Reverse Stop Work Order
dated December 6, 2000 regarding Building Permit No. 26724-Z issued August 17, 2000, and in
the Alternative, request a Variance from Town Code Ch. 46, Sections 46-16 and 46-17 (Flood
Damage Prevention Law) with lowest elevation of dwelling construction below the minimum
flood elevation. Flood Zone Designation: "X." Building Permit No. 26724Z was issued August
18, 2000 for construction of a new dwelling with two-car garage and covered porch. Location of
Property: 5055 Skunk La. (a/k/a Bay Ave.), Cutchogue; Parcel No. 1000-138-2-3.4
The Board of Appeals will at the above time and place hear all persons or their
representative desiring to be heard or to submit written statements (before the hearing is
concluded). This hearing will not start earlier than designated. Files are available for review
during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not
hesitate to call (631) 765-1809.
Dated: January 5, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
•
ROAD - -,SURA OF PROPERTY
PINE TREE SITUATED AT
CUTCHOGUE
W 2rNon. TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
so= Z g —'S.C. TAX No. 1000-138-02-3.4
1000-138-02-35
1.oavoiN°i`r aaawer~`1 os itsaviuts Now
W SCALE 1...30'
'' ' "f�RamaR®m'• p/0 LOT f04 \ARCH 1, 2000
II TI
Ru [area a►jis OMR a►puna[OVARY �A N/0I' SEPTEMBER 23.2000(FOUNDATION LOCATION)
NI R
ON MEN IL MI L II.117. �4
`n.INWAVIIDI NM aanamis4. JOSEPH P. ZOOM'
ME m .1s Rem•a0wls arIM & MART ERWIN
ma: NMI OF MORRO�rK Mer.etlROIM 10 es er 11011- i Rem .
.1•aQ1 'g t 80.00' AREA DATA
N 86'58.40" E ToSb-Ti -o=3.4 17A41."NT n.
0 4os ae
Oi 1Am
1]F1�Le2,-J6 2.973.68 p.M.
H TIE W1E1 0.008 se.
•-/ 3• ' TOTAL 1E
M
6 .N.
O .•swa 0.471 as.
OI
C)
130.16' p 1K 104 C
P/0 LOT
N 86'58'30" E s stror w o / D.
m #
\\ I I; as. - - - } S.C.TAX No. 1000-136-02-3.4 5
M®MIR MA fl
$.
C.TAX N.. l000-138-02-33 / ea' O
V'�'.CP\ •of i 3 ® wk
tO �\ cu. 1
k ' O LOT v
S 86'58'40" W 111.08' 800 W �3 / p ,CA \
C ' 3 i
,� 7oh o j O
10
,'...-2, w)
N
O 8
ntA 1c �} -"' 111 it met
N 0
,, loco 1,4,, • 1ma R1a MCC
L"�Pz .,,. T
*.t.> 4_...., .. .. . i1' ,step ori ere.
MID 176.15' -
mgahve`-11"•
ti S 86'58'40" W 1Yir`1 `'
if LOTH/09)
10 \,
i1< 1D1IARD It NIXON ! p
GLORIA T. NIXON ` b,.ii i
r� i;l
Jose• A. kigegno
• � "s•,. Land Surveyor
CERTIFIED TO:
L01 •� a •
••
MY lwy...WoofcoMMH T INSURANCE COMPANY
ALEXANDRA JONESX •
sat metraMet(4111073-4080 F.(131)7227-1773
I.MR MF MA
` �` E. ARM WOOED AT wtn MOWN
1M[
MR.mfF M�O►•OOer:Mall. `.�.R :- '31)Bt1�`g161Y. mml..i Noe FO.ON
n1Ne1A1 S
V.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
-------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
Alexandra Jones OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 138 - 2 - 3.4
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Abigail A. Wickham ANEEitiqpit Having an office at
10315 Main Road, Mattituck, New York, being duly sworn, depose and say that:
On the 10th day of January , 2001, I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10)feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days
prior to the date of the subject hearing date, hear'n ) ypbown to be
Thursday, January 18, 2001 —.. �
( Ig ture)
Sworn to before me this
day Of January , 200,1 .
\ k/74/(;,1
( o ary Public) DONNA M CHITUK
NOTof New YOtk
No
ARY 4351459PUBLIC.,SuffStateolk County
Term Expires August 18,416-349O/
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
Jan- 18-01 11 : 40A WWBPC 15162988565 P . 01
Law Offices
WICKHAM,WICKHAM &BRESSLER,P.C.
10315 Main Road, P.O. Box 1424
Mattituck,New York 11952
631-298-8353
Telefax no. 631-298-8565
et
To: Fax t0 -- t'(0
4/
From: 04C-1"-4.— Date " � l_.
Re: e MtACie
Comments: This is page one of W
This transmission contains information confidential and/or legally privileged. It is intended for use only by
the person to whom it is directed, if you have received this telecopy in error,please notify us by telephone
immediately so that we can arrange for the return of the documents to us at no cost to you If you do not
receive all of the pages indicated,please call as soon as possible of the number above
Jab- 18-01 11 :40A WWBPC 15162988565 P. 04
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
10315 MAIN ROAD.P 0 BOX 1424
MATTITUCK. LONG ISLAND
WILLIAM WICKHAM NEW YORK 11954MELVILLE OFFICE
ERiC J BRESSLER e.75BRZAD HOLLOW ROAD
ABIGAILA WICHMAM --- SUITE 111
531.298-8353 MELVILLE,NEW YORK 11747
LYNNE M.GORDON TELEFAX NO 631,298-13555 JANET GEASA 631-249-*. 480
Tc-I-(FAX NO 631-24G-9484
January 8,2001
To property owners adjoining or opposite land owned by Alexandra Jones(SC'"1'M#
1000-138-2-3.4)at 5055 Skunk Lane, Cutchogue,New York:
Enclosed is a Notice of Public Hearing on this request to reverse a stop work order.
Ms. Jones is seeking permission to complete construction of the residence as was
previously approved. She has been stopped from construction after the house was
substantially completed,based upon the Building Department's claim that the house is in
a flood zone and must be considerably modified at this time. Ms. Jones is seeking relief
of this ruling. We trust that you will support Ms. Jones' appeal of the Building
Department's stop work order.
If you have any questions,please contact the undersigned.
Very truly yours,
eit-
Eric
J. Bressler
EJB/kc
30/f one.vner
ends.
jam-18-01 11 :40A WWBPC 15162988565 P.02
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
In the Matter of the Application of
AFFIDAVIT
Alexandra Jolles OF
(Name of Applicants) MAILINGS
CTM Parcel#1000- ) 38 - 2 - 3.4
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Karen Czelatka residing at 1180 Nn vy Street,
Orient , New York, being duly sworn, depose and say that:
On the Et day of January , 200' I personally mailed at the
United States Post Office in mat tltLck , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the ( ) Assessors, or
( ) County Real Property Office _, for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this
8th day of, January , 2001
61-%
r,, t,,(4l [yt Public)
: Sti'v,41",,,.Yatr ()SNA M.
'4•9 Sutf Ih r,'-',t NOTAt,v tate of NA,York
,,•Sr,;,.t tR !Le"' M, ' 457504,Soulty
PLEASE list, on the back of this Atttdv ttkiu 9sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you,
. Ja11- 18-01 11 :40A WWBPC 15162988565 P.03
1000-138-2-3.3
Mary Kerwin
RR1 Box 4955
Pine Tree Road
Cutchogue,New York 11935
1000-138-2-4
Gloria T.Nixon
5195 Skunk Lane
Cutchogue,New York 11935
1000-138-2-35
Norman L. Stone
14 Oak Road
Setauket,New York 11733-3134
1000-138-2-36
Roger Stoutenburgb
505 Skunk Lane
Cutchogue,New York 11935
1000-138-2-37
Robert J.Voelkel Jr.and Maureen Voelkel
95 Pine Tree Road
Cutchogue,New York 11935-1559
1000-103-6-7.2
Nature Conservancy
do New York Regional Office
415 River Street 4th Floor
Troy,NY 12180
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Warm STATE OF NEWYORK)
1, _ SS:I
BOARD OF APPEALSie )
THURSDAY,JANUARY O1 f_nI ih ry nF SUFFOLK)
NOTICE IS HEREBY GIVEN,pur- rw ' ' : ° of Mattituck, in said
suant to Section 267 of the Town Law
and Chapter 100(Zoning),Code of the. —
e. county, Ing awry swum,says that he/she is Principal
Town of Southold,the following app>.i- clerk of THE SUFFOLK TIMES, a weekly newspaper,
cation will be heard , OWN BOARD
a public hearing
by .the SOUTH0�.11 Tpublished at Mattituck, in the Town of Southold,
by
OF APPEALS at the Town.Hall,53095 County of Suffolk and State of New York, and that the
Main Road,Southold,New York 11971,
•
Notice of which the annexed is aprinted copy, has
on THURSDAY,JANUARY 18,2001,
at the time noted below (or as soon been regularly publiscied in said Newspaper once
thereafter as possible): each week for l weeks successively,
7:50-p.m.Appl.No.4919–ALEX-
ANDRA JONES. Request to Reverse commencing on the 1 1 day
Stop Work Order dated December 6, of 20 r� •
2000 regarding Building Permit No. STINA T INpBER
26724-Z issued August 17,2000,and in Notary public Slate of New Y
in.
the Alternative,request a Variance from No.01 WE6034554 ork it
Town Code Ch.46,Sections 46-16 and Corr•niseinnt� un 9, / Princi.` Clerk
46-17(Flood Damage Prevention Law) _a
with lowest elevation of dwelling con- 1
struction below the minimum flood ele- Sworn to before his
vation. Flood Zone ignation: "X." `
Building Permit No.267 was issued day of �J 2(0 1
August 18, 2000 for constru 'on of a
new dwelling with two-car gars and
I covered porch. Location of Pro : ( r\R
C J n T
5055 Skunk La. (a/k/a Bay Ave.), /( W, I
Cutchogue;Parcel No.1000-138-2-3.4
The Board of Appeals will at the
'- above time and place hear all persons or
:- their representative desiring to be heard
or to submit written statements(before
the hearing is concluded).This hearing_
will not start earlier than designated.
<, for'review"during
;tegu1ar Town • 1 business hours(8-4
p.m.).If you havestions,please do
not hesitate to call(631-1809.
Dated:January 5,2001 N
GERARD P.GOEHRINGER, -
SOUTHOLD TOWN
BOARD OF APPEALS
Town Hall
53095 Main Road
P.O.Box 1179_
1 Southold,NY 11971-0959
1698-1TJ11
NINITE S
SOUTHOLD TOWN BOARD OF APPEALS
February 19, 1970
A regular meeting of the Southold Town Board of Appeals was
held at 7:30 P.M., Thursday, February 19, 1970, at the Town Office,
Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman;
Robert Bergen; Fred Hulse, Jr.
Absent: Messrs: Charles Grigonis, Jr. ; Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 1314 - 7:30 P.M. (N.8.T. ), upon
application of Joseph and Mary Kirwin, Banc 43, Pine Tree Road,
Cutchogue, New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 303, and Article X, Section 10001,
for permission to set off one lot with insufficient frontage on
south side of Pine Tree Road. Location of property: Bay Avenue
and Pine Tree Road, Cutchogue, New York, Map No. 1179 Nassau Farms,
Lot No. 's 103, 104, & part of 105. Fee paid $5.00.
/e,e7e/At- /3/5L
Southold Town Boa-•A of Appeals -2- February 19, 1970
The Chairman opened the hearing by reading the application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper, and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak for
this application ?
MR. JOS. KIRWIN: Yes, I am Mr. Kirwin.
MR. BERGEN: As we understand it, there will be the same area
with 3 lots, but the lot lines will be different.
MR. KIRWIN: Yes, it is the same plot, only the lines will be
different. I now have 3 70ft. lots fronting on Bay Avenue #'s
103, 104, & part of 105. Under the proposed division, I will improve
the plot by having 2 lots fronting on Bay Avenue, one with 110' frontagt
and the other one will have 100' frontage, and the lot fronting on
Pine Tree Road will have 70 ft. frontage.
MR. BERGEN: As I understand it now, on lot # 103 (the north-
easterly lot) there is a house and a garage. If we approve this,
at no time can anyone live in that part that somebody connected
onto the garage for living quarters.
MR. KIRWIN: Yes, I understand that, nobody has been living in
there since we bought the property.
THE CHAIRMAN: When did you purchase the property, in 1966?
MR. KIRWIN: No, it was in 1962.
THE CHAIRMAN: At that time there was a barn with living quarters
on the property, it is still there, but no one has used them.
MR. KIRWIN: Yes, that's right. They have never been used for
rental, a couple of times we had guests come out over night, but they
have never been rented.
THE CHAIRMAN: What we are talking about is establishing two (2)
residences on one lot.
MR. KIRWIN: No, I have no intentions of doing that. The only
reason I am doing this is because it is just too much to take care
of. I want to even the lots out so they all contain the same amount
of area.
THE CHAIRMAN: Then you propose to sell the other 2 lots, is
that correct?
MR. IIRW1N: Yes, that's right, it is just too much to take
care of.
- Southold Town Board of Appeals -3- February 19, 1970
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this application?
(There was no response. )
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response. )
After investigation and inspection the Board finds that the
applicant requests permission to set off one lot with insufficient
frontage on south side of Pine Tree Road. The applicant now has
three (3) 70ft. lots on Bay Avenue. He wishes to re-arrange the
lot lines so that he will have 2 lots on Bay Avenue and one lot
on Pine Tree Road. He will be improving the Three (3) 70ft. lots
on Bay Avenue into 2 lots with 100' frontage and over, and one
lot on Pine Tree Road with 70ft. frontage. This will not change
the character of the area. In effect the applicant is re-arranging
3 lots into 3 lots differently located on the same property. The
Board agrees with the applicant as to the new division of the
property as mapped on survey dated June 13, 1966 by Van Tuyl.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the district and will observe the spirit of the
Ordinance.
On motion by Mr. Hulce, seconded by Mr. Bergen, it was
RESOLVED Joseph and Mary Kirwin, Box 43, Pine Tree Road,
Cutchogue, New York, be GRANTED permission to set off one lot
with insufficient frontage on south side of Pine Tree Road, as
applied for on property located at Bay Avenue and Vine Tree Road,
Cutchogue, New York, subject to the following conditions:
1. The present living quarters seperate from the main house
on the northwesterly lot may not be used as a seperate residence
as defined in the Ordinance.
2. There shall be no side yard area variances permitted on
the easterly lot.
Vote of the Board: Ayes:- Messrs: Gilldspie, Bergen..; Hulse.
* * *
FOR BOARD AND STAFF USE 42/1:-9
Updated New Information
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OFFICE OF
BOARD OF APPEALS
Southold Town Hall
53095 Main Road
Southold, NY 11971
765-1809 tel. 765-9064 ZBA fax.
;P REPLY FORM
Dated: /02/200 Alt
TO: E,o3 Li Q_ 1 jeco"
cJ
( ) Your application is incomplete for the reasons noted below.
It is requested that the following be forwarded as soon as possible (within about 7 days, if
easible). The advertising deadline is 22 days before the meeting date and the information is
necessary for review and advertising purposes.
. - . '.' . .' . • _ •.7hameq, 1- e AL.)
*&-v uJ.e_d. 3.�G•. 'J; o o 0
( ) The appeal was not filed within 60 days of the decision of the Building Inspector.
(0 Missing information - please see missing information checked below.
Please submit all the documentation, together with information noted below. If you have
any questions, please call us at 765-1809. Thank you.
Information requested:
( ) Notice of Disapproval issued by the Building Inspector after his/her review of this
particular project map.
( ) Check payable to the Town of Southold totaling $
( ) Signature and notary public information are needed.
Twf sixrints of the p were not included. (Preparer's name and date
of preparation to be shown.)
( ) Setbacks must be shown for the subject building to all property lines, with preparer's
name.
( ) Six (6) sets of a diagram showing the doors, number of stories, and average height
(from natural grade).
( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining
parcels, certified by a title insurance company, and insuring the Town for$25,000.
( ) Copies of all current deeds and tax bills of the parcels back to
( Other: �. D ra.U ��aL -D G � _
U 9
ALEXANDRA JONES
REVERSE STOP WORK
ORDER, OR VARIANCE
FLOOD LAW 46 - 16 , 46 - 17
THURS , JAN . 18 , 2001 7 : 50 p.m.
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold, NY 11971
(631) 765-1809 fax (631) 765-9064
January 5, 2001
Re: Chapter 58— Public Notice for Thursday, January 18, 2001 Hearing
Dear Applicant (or Agent):
Please find enclosed a copy of the Legal Notice describing the recent application. The Notice will be
published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, on or before Tuesday, January 9,th including a copy of a survey or similar map
showing your project areas, to all owners of land (vacant or improved) surrounding yours, including
land across any street or right-of-way that borders your property. Use the current addresses shown
on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real
Property Office in Riverhead If you know of another address for a neighbor, you may want to send
the notice to that address as well.
By Wednesday, January 17th, please submit to our office your Affidavit of Mailing (copy enclosed)
to us with parcel numbers noted for each, and return it with the white receipts postmarked by the
Post Office. Later, when the green signature cards are returned to you by the Post Office, please
mail or deliver them to us (but not later than January 18thth). If any signature card is not returned,
please advise the Board at the hearing
When picking up the sign, a $15 check will be requested for each sign as a deposit. (You may
purchase blank sign(s) ahead of time as a time-saving measure). Please post the Town's official
poster/sign no later than 1/11/00. Securely place the sign on your property facing the street, no
more than 10 feet from the front property line bordering the street. (If you border more than one
street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain in place
for at least seven (7) days, and should remain posted through the day of the hearing. If you need a
replacement sign, please contact us. After the signs have been in place for seven (7) days, please
submit your Affidavit of Posting to us for the permanent file Within 20 days after the hearing, the
sign and stand should be returned to us. The $15 deposit will then be returned to you. If the sign
and stand are not returned within this 20-day period, the deposit will be non-refundable.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
ZBA Board Members and Staff
Enclosures