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HomeMy WebLinkAboutFL-11Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. FL-ii Application Dated March 30, 1982 TO: Mr. William B. Smith as agent for Mr. William J. Boylhart Mechanic Street Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 14, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [X] Request for Variance to the Floodplain Management Law of the Town of Southold, Section 46-18 Public Hearing held April 14, 1982: Upon application of William J. and Ruth Boylhart,-by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. The board made the following findings and determination: (See Attached) Page 2 Decision Rendered April 14, 1982 Appeal No. FL-ii - William J. Boylhart Upon investigation and personal inspection of the premises in question, the board finds as follows: The lot in question has an area of approximately 43,000 square feet with an average width along Latham Lane of 135 feet and an average depth to the high water mark per filed map of 332 feet. The plot plan submitted to the board dated Octo- ber 9, 1981 indicates that the area of the lot where the dwelling is to be constructed has a lowest elevation of nine feet and a highest elevation of 12 feet, above mean sea level. The Building Inspector determines this parcel to be in an A Flood Zone with a minimum elevation requirement of 11 feet. Applicant requests permission to construct basement floor at eight feet or more above mean sea level. The distance of the proposed location of the subject dwelling from the high water mark is approximately 220 feet. It should also be noted that the parcels located to the south of Latham Lane appear to be in a B-Flood Zone, an area protected from the base flood, as indicated on Panel 50 of 115, FIRM #360813 0050A dated March 18, 1980. In passing upon this application, the board has considered all technical evaluations; all relevant factors; all standards specified in the code; and all of the applicable factors con- tained in Section 46-15B, subdivisions (1) to (11), inclusive of the Code. The board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nui- sances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the applicant, William J. Boylhart, be and hereby is granted a variance from the provisions of the Flood Damage Prevention Law of the Town of Southold, as applied for in Appeal No. FL-11, to construct lowest floor of this proposed one-family dwelling at 8' above mean sea level on premises located at 1370 Latham Lane, Orient, New York, (County Tax Map District 1000, Section 15, Block 9, Lot 1.4), SUBJECT TO THE FOLLOWING CONDITIONS, to wit: [1] That the basement (below the 11' base flood level) be floodproofed so that the structure below the base flood level is watertight with walls substantially impermeable to the passage of water; [2] That the floodproofing requirements be certified by Page 3 Decision Rendered April 14, 1982 Appeal No. FL-ii - William J. Boylhart a registered and licensed professional engineer/architect as meeting the standards set forth in the preceding paragraph hereof; [3] That such certification be filed with this board (and with the building department) of the Town of Southold; [4] That prior to commencement of construction, the applicant apply for and obtain a Development Permit from the Town building inspector, pursuant to the provisions of the Flood Damage Prevention Law of the Town of Southold; [5] That the basement floor not be constructed less than eight feet above mean sea level; [6] That the basement/cellar area is not to be used for habitable purposes, only storage being permitted; AND IT IS FURTHER RESOLVED, that pursuant to the provi- sions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest floor elevation below the base flood elevation as ~ndicated above and that'the cost of flood insurance will bE commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER PdESOLVED, that the Secretary to this board transmit copies of this determination to the applicants and to the Town building inspector. Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. unanimously adopted. Messrs. Goehringer, Doyen, This resolution was - / Chairman 8d'ard of Appeals NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterly side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by AmDtt & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hill- side Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New Yo~k Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick, and Wiglom; east by Swick and Jayne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Page 2 - Legal Notice of Hearings Board of Appeals Regular Meeting of · April 14, 1982 Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck, NY; further identified as County Tax Map Parcel No. 1000-120-3-8. /~ 8:30 p.m. Application of William J. and Ruth Boylhart, by ~ William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowe~floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, April 8, 1982 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before April 12, 1982. Copies sent on 3/22/82 to: Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040 Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 Mr. G~asimos Fioravantes, 265 Fourth Avenue, Brooklyn 11215 Copies sent on 4/3/82 to: Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772 Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596 (for Mr. and Mrs. Aaron Shikler) Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952 Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971 (for Mr. and Mrs. William J. Boylhart) Town Clerk's Bulletin Board Supervisor and Town Board Members Planning Board Individual Files FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ........................... - ...... File No ................................ PLEASE TAKE NOTICE that your application dated P~ ~ X~ , 19¢.~. Location of Property ~¢¢s~ is returned he.with and disapproved on the follow~g ~ounds . . ~(~. ~¢:~..~¢¢~.~ ..... RV 1/80 Building Inspector SUFFOLK COUNTY DEPARTMENT OF HEALTH FO~ APPROVAL OF CONSTRUCTION 'C ~:, AT ORIENT Olr[: G~. 9,1~1 DATE.~ HS ggF. NO, ~__ YOUNG YOUNG )~3~ ~ ~,~. ~DEN W.~NG, P~FE~IONAL AND ~O ~VEYOR NY_S. UCEMSE HOWARO W. YOUNG, LANO SURVEYOR Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llC~?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 3, 1982 Mr. William B. Smith Mechanic Street Southold, NY 11971 Res Appeal No. FL-11, William J. Boylhart Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary L SIJI~Y FOIl 1~2T ~0. 4- TOWN OF SUFFOLK COUNTY, NEW YOUNG & YOUNG .,..,...),m. I Il A I I HOWARO W. YOUNG, LAND S~VEYOR e ~ SUFFOLK CO. HEALTH DEPT. ApIm~OVAL ~ ~ \" H.S. NO. .. .... ~ STATEMENT ~ INTENT . SY~EMS FOR THIS RE~E WILL ~ ~FFOLK CO. ~. OF HEALTH ~RVlCES. ~ ~ANT FO~ ' ' · / I i ~ SERVICES -- FOR ACPROVAL OF i ~ " , W. :t ~.~,/"~ ,. -'" . ' . C~STR~ION ONLY ~.~ , ~ .. . T~ ~ . ~OVED: ...... WNOF~ ~NY (. ; , ~K ~, TAX ~ ~WTI~: ~ '" b (~'~ , ~. .CT. ~K ~. ~- ~'. I~ 'X "~ ~' '~'' ' ' IUTION, GUA~EB ARE NOT T~A~ILE ./ ~ ., -; ............ . MAP) _/ ¢.~ / ' A~o~ J~l. zo, e~ ~AL ~ L~ LA~ 0'~2 ~EW YOKK S1AIE U[.PARTMENT OF ENVIRONMENTAL~ PERMIT ~SERVATION PERMIT NO. under t.£ enwronmentaL conseRvauon LAw  ARTICLE tg, (Protection of Water) [] ARTICLE 25, (Tidal Wetlands) AgTICLE 24, (Freshwater WetlandM [] ARTICLE 36,(Con~lruclion in Flood Hazard Areas) 95-20-4 i9'75) (SEE REVERSE SIDE) SPECIAL COI~DITIONS ~ ~6. Sanitary system shall be placed between home and Latham Lar, e. 17. Apolicant shall, be liable for any damage to adjacent wateB.~ay re- sulting from any phase of the permitted construction. We r~s.~rw:, the right re. ¢cnmex~t at a l~t~-~· date concerning other environmental aspects of this project. The gr~a~ting of this permit does not relieve the permittee of the r~por~ibi~.it7 of cbbaining any permits, 2icenses, or other author- ization which may be required by other State, Federal or local c,c. Law E~forcement U.S. Army Cor0s of Engineers Attached~ P~ceint No. U 21882 PE~]T ISSUE DATE ' /ii/Si I PERMIT ADMINISTRAT ' - ,~IADDRESS DAEIEL J. ~ Bldg.~O, SU~Y, Sto~.y Brook, NY SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shal? contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit shall be available at the project site whenever author- ized work is in progress. The permit sign enclosed with this permit shall be protected from the weather and posted in a conspicious location at the ~rk site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and u~.derstands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period of more than one year tile permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement or resumption of work each year. If project design modifications take place after permit issuance, the peri. tree shall submit the appropriate plan changes for approval by the Regional Permit Administrator p~ior ~o undertaking any such moalfications. The permittee is advise~ that substantial modification may require submission of a new applica- tion for permit. Ail necessary precmutions shall be taken to preclude contamination of any wet- lands or water%~L, !.v s~op~nCe~ solids, sediment, fuels, solvents, lubricants, epoxy coating~ , ~<.~,~ c~,¢r~te, leachate or any o~her environmentally dele- terious materl ~,3 ~.~socia~ed with the project work. Any failure to ct.~ply precisely with all of the terms and conditions of this permi~ unless ~ ..... orized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Fed- eral Plaza, New York, New York 10007, (Attention: Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does not relieve the permittee of the responsibi- lity of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Em- pire State Plaza, Albany, New York 12242, which may be required for any encroach- ment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Conse£gatio~ Building 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Seuthold Town board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday, April 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of 8:15 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission tg. erect an off-premises ajldvertising sign in a B-1 Zone, j] !~pon property of R. Nine, ~/ocated at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded - north by C.R. 48; west by Westphalia Ave.; south by Sidor and Ors.; east by Urist,~- Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:15 p.m. Application of Mattltuck Chamber o[ Com- merce, P.O. Box 1056, Matti- tuck, N.Y. for a Special Exception to the Zoning Ordinance, Article 11I, Section 100-30C(6){f] for permission to [O erect an off-premises advertis- ing sign in an A-Residential uo and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, I$ Mattituck, N.Y.; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-S.S. 8:20 p.m. Application of Mattituck Chamber of Com- merce, P.O. Bo 1056, Matti- tuck, N.Y. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6)[f] for permission to / erect an off-premises advertis- ing sign in an A-Residential and Agricultural Zone, upon property of R. Reeve, located at the southeast comer of Sound Ave. and Aldrich Lane, Pairicia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ~ ................... weeks successively, commencing on the ...... ...~.M ........................ day o~.~.~~ .......... , 19..~.~ ~ ....~-'.~.¥./ ......... L:.:..: ........................... : ......... Sworn to before me this "N"~ day of ............. Mattituck, N.Y.; further iden- tiffed as County Tax Map 8:30 P.m. Application. of ............... 'William J. and Ruth Boylhart, Notary Public ~ y William B. Smith, 220 echanic Street, Seuthold, N.Y. for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum. required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, N.Y.; Subdivi- sion of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer Chairman By Linda Kowalski Secretary / 1T-4/8/82(101) Legal Notices, LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the provisions of the Amended Cede of the Town of Seuthold, a Regular Meeting and the following public hearings will be held by the Soutbold Town Beard of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1~2 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewaid Karbiner and Joseph Tomilz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of AcceSs, New York Town L~w Art. 16, Sec. 2~0A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Ac- cess, Art. 16, Sec. 2~0A, over a new right-of-way located off the northeasterly side of West- ~hyalia Avenue, Mattitnck, ; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113- 9-10.1. 7:45 p.m. Application of Gerasimos Fioravsntes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Art/cie Ill, Section 100-30C for permission to use accessory building for habitable gnest accessory use. Location ~roperty: 8220 Main Roau, ~ast Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-314~-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippooc~ will Lane, Patchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 2~0A. Location of Property: Private Right-of- way off Main Road, East Marion, NY; bounded north and south by $~vick: west by Swick, and Woglom; east by Swick and J~yne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) Ill for permission to erect an off-premises advertising sign in an A- Residential and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; fu"'~er identified as County Ta: Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 10iP70C for permission to erect an off- premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 46 and Westphalia Avenue, Matt/tuck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141- 3.22. 8:15 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permission to erect an off-premises adver- t/sing sign in an A-Residential Mattituck, NY; further ident- ified as County Tax Map Parcel No. 1000-129.3-8. ~, ~:30 p.m. Application of~' William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum- ~rheq~uired base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9- 1.4. Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TA8-3928 and Agricultural Zone, upon ......................... property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Read; east by Adel and McGuire; County Tax Map No. 1000-10~-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [f] for permission to erect an off-premises adver- tising sign in an A-Residential and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, ?078?8, Sllffolk Cotmtu.._ xp*res Malch 30. Nt~YORK STATE DEPARTIfl~ OF ENVIRONMI~ITAL CONSERVATION Building 40, SONY--Room 219 Stony Brook, NY 11794 (516) 751-7900 February 25, 1982 AMENDMENT TO PERMIT EXTENSION OF EXPIRATION DATE RE: Permit No. William Boylhart TW 15274-0070 - Enconsultants, Inc. 64 North Main Street Southampton, NY 11968 Dear Mr. Haje: Your recent request to extend the above permit has been reviewed pursuant to 6NYCF~, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regul- ations since the issuance of the existing permit, therefore, the expiration date is extended to March 31, 1983 This letter is an amendment to the original permit and as such, shall be attached thereto, and a copy posted at ~e Job site. All other terms and conditions remain as written in the original permit. Very truly yours, Regiona~/r~u%t Administrator DJL:cz cc: NYSDEC, Law Enforcement APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF T~E T~OWN OF S?UTHOLD APPEAL FROM DECISION OF THE BUILDING INSPECTOR: Appeal No. Date Filed I, (We), ~/l {l l /~ :~a ~ ,', ~ ~'7-,'{ of ~d ~')L-'~ /J~A,;'c ~ F ' (Name'of Applicant) (AddreSs)' (Street-~hd' HamZe~ ;~ /~! TAX MAP DISTRICT 1000, SECTION.,Y~ , BLOCK ~ , LOT NAME OF SUBDIVISION AND LOT NO.(if applicable) ~.,~. ~ FLOOD INSURANCE RATE MAP DESIGNATION: ~ 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate the Section, THE TYPE OF APPEAL IS: Subsection and Paragraph of the Law by number) A Variance to the Provisions of the Flood Damage Prevention Law. An interpretation of the exact location of the boundaries of the area of special flood hazard. An interpretation of the Provisions of the Flood Damage Preven- tion Law (Specify): 4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property,_~A~) (has not) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS.~7~; ~Continued on Reverse Side) REASON FOR APPEAL requested for the following reasons:-~U~ Good and sufficient cause exists for the granting of the relief 7. Failure to grant the relief requested would result in exceptional 8, Granting the relief requested will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing laws or rules and regulations for the.f°ll°wing~ reasons:~ '~_ 0'~' .~'~ T~ ~T STATE OF NEW YORK) ss COUNTY OF SUFFOLK) Sworn to before me this ~-~ day of JUDII'H '1', NOfary Pu'z!r-: ~o..,,, ; ' '* ~m~SS~o;tE;.~r ~'~u~'O'k Coun~ (Signature JUDITH T. TERRY TOW~ CLERK REGISTRAR OI. VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 March 30, 1982 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Flood Appeal No. 11 filed by William B. Smith on behalf of William J. Boylhart. Also attached is Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, copy of Building Permit, Notice of Disapproval from the Building Department, N.Y.S.D.E.C. Tidal Wetlands Permit TW 15274-0070, Letter from Building Inspector Fisher to William Smith, and Survey of the property in question. TO~VN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 March 12, 1982 Mr. William Smith Southold, N.Y. 11971 Dear Mr. Smith: In reply to your letter of February 24, 1982 in regard to Mr. Boylhart's iot 4 in Land's End subdivision in Orient: Mr. Lawrence Tuthill, the Engineer working for the Town on Flood problems, and I agree that the proposed house is lo- cated in the _A flood zone_ (ely. 11' above mean sea level.) Your house may be built on a foundation with the lowest floor, including cellar-basement floor, no lower than 11' above M.S.L. Filling can be permitted if it will not cause additional flood damage. As you know, anything within 300' of tidal water-wetlands needs D.E.C. approval first. After October 1, 1981, I am to ihform you that develop- ment permits are issued according to the "Base Still Water Flood Elevation" but the owner or any future owner's flood insurance will be based on 'Base Wave Flood ElevatioH', which may be higher. Therefore, before starting, you should contact your insurance agent for their determination of below what elevation they will charge extra premium. Yours very truly, George H. Fisher Sr. Building Inspector GHF:ec SHORT EI, IVIROFIMENTAL ASSESSMENT FORJm~ iNSTRUCTIOHS: ~ (o) In order to ans¥1ez' ilia questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studlest research or other investigations Y;111 be ondertoken. (b) If any question has been ons~fered Yes the project may be signlflcont and o completed Environmental Assessment Form ls necessary. (c) If oll questions hove been ons¥/ered No it is 11kely tho~ thls p~oject is no~ signi£icon¢. -.. (d) Environmental Assessment .. 1. ¥/ill project resul% in a large physical change · : ~o the project site or physically alter more Yes ~ No than 10 acres of land? ........................ 2. ¥1ill there be a major change to any unique or · unusual land form found on the site? .......... Yes.~ 3. ¥/ill project alter or have a large: efFect'on YD~ ~ exis~in9 body of water? ....................... . 4. ¥~111 project hove a potentially large impact , .. on groundwater quallty? ....................... Yes,~o '. 5.' ~'~ill project significantly effect drainage flay on adjacent sltas? ' Yes ~ Nq &. ¥1111 project affect any threatened or endangered plant or on~al species? ........... Yes ~ No ?. ¥~ill projecl result in o major adverse effe~t · · . on alt quality? ...... · ...,' Yes ~No character of the communlty or scenlc vlews or. vlstas known to:be important to the community?. 'Yes.~No ~. ~'/111 project o'dversely impact any slte or · structure of hlstorlc~ prehistoric or paleontological importance or any site designated os a critical environmental area by o local agency? . ~ ...... : ....' ...... Yes ~No 10. ¥~111 project hove o major effect on exlstlhg or future recreational opportunltles?. ......... Yes.,~c:zNo 11. ¥/ill project result in .major trofflc problems or. cause o major effect to ex-lstlng transportation systems? ....................... Yes.~ No 12. ~?ill project :regularly cause objectionable odozs~ nolset glose~ vlbratlon~ or electrical disturbance os a result of the project's opera,ion? ..................................... Yes 13. ¥~ill project have any i~poct on public health orLsafety? ........... Yes -. directly couslng o growth in permanent : : population of more thon 5 perce~t over a one year period or hove a major nego'tive on the character of the community or neLghborhood? ................................. Yes ,~No 15. ~s ~here public controversy,concerning the · (Today's Date) To: Southold Town Board of Appeals Main Road Re: ~pp~ ~p~i~t Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately __ feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal and there is no bulkhead or concrete wall existing ~on the premises. ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature pleas BUILDING PF'RIRIT ISSUED TO ADDRESS DATE This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N. Y. OA L10~ D~ 24~25 24.7 24.20 24,27 24.26 \1 FOR PARCE~ NO ?25 24.6 24ol6 1,2A 24.29 1.21 1,30 L29 7 1.25 LH