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Home My WebLink AboutFL-12Sou hold Town ard of Appeals MAIN ROAD- STATE ROAD ~5 SOUTHOLD. L.I., N.Y, 11~71 TE _EPHONE I5't6) 765-3809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. FL-12 Application Qated NOvember 15, TO: MR. ~ONALD BRENNAN C/O Mr. John Scar~mucci 1965 Westphalia Road Mattituck, NY 11952 1982 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on DECEMBER 22, 1982, the above appeal w~s 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 a Variance to Chapter 46 of the Flood Plain Management Law, Sections 46-12 and 46-17(C) [1] The public hearing on this application was also held on December 22, 1982. Upon application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sec- tions 45-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, New York; County Tax Map Parcel ID No. 1000-116-06-002. The board made the following findings and determination: The lot in question has approximately 33,800 square feet in area; and the plot plan submitted to the board dated November 10~ 1982 indicates that the area of the lot where the dwelling is to be constructed has an eleva- tion of 1.7 feet above mean sea level from the ~op of the existing basement floor. The top of the existing foundation is at 8 feet above mean sea level. The Flood Insurance Rate Map (FIP~), Community Panel 116 of 120, ~3608130116B indicates that the premises is located in a Zone A-4. as amended during October 1982 with a mlnlmum elevation of 8 feet. Town records show thee the existing house with foundation floor 1.7 feet above mean sea level was conssructed prior to the adoption of zoning in 1957. Applicant is appealing Section 47-17(C)[1] requesting permiss!on to place new utility systems below the base flood elevation. Substantial improvements to this dwelling appear to be at the first floor elevation of this structure and no% below the base flood elevation upon information and belief. 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 contains in Section 46-15B, subdivisions (1) to (110, inclusive, of the Code. The board further finds tha~: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the vari- ance would result in exceptional hardship %o the applicant; (3) The grant of a variance will not result in increased flood heights, or addi- tional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict withl existing local laws or rules or regulations. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was DATEL: January 6, 1983. Form ZB4 {rev. 12/81) CHAIRM_~N, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page '2- Appeal No. PL-12 Matter of DONALD BRENNAN Decision Rendered December 22, 1982 R~SOLVED, that DONALD BRENNkN, be and hereby IS GRANTED a variance from the provisions ~ the Flood Plain Management Law of the Town of Southold to install utilities (water tank, water pump and electric hot water heater) SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (t) That the inside of the existing foundation be coated with waterproof concrete with wire lathe (stucco cement, not tar); (2) That no openings shall be permitted in the walls of the base- ment below the eight-foot elevation mark above mean sea level; (3) That no utilities may be installed closer than five feet to the cellar/basement floor; AND IT %S FURTHER RESOLVED, that pursuant to the provisions of Section 46-16P of the Code, the applicant is hereby given ~otice that the structure for which this variance is granted is permitted no have installed utilities below the base flood elevation in the existing cellar-basement area, and ~hat the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that nhe Secretary to this Board 5ransmit copies of this determination to the applicants and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigon~s, Douglass and Sawicki. This resolution was unanimously adopted. FORM NO. 3 TOWN OF SOUTItO~D BUILDING DEPARTtV~ENT R ' TOWN CLE K S OFFICE SOUTI][OLD, NOTICE OF DISAPPROVAL File No ................................ /./. ................. for permit to construct .~;,~Tzt:~'/.?/.~. 15.. ~.~..t~.~?Z.//:7.. ,c~.. ................ ~ County Tax Map No. 1000 Section .../??~. ...... Block ...tZ;/,~'. ...... Lot . .~!(~..~. ....... Subdivision. Filed Map No .... ~ ......... Lot No .................. is/~Gz returned..~'..~. ' ~) herewith-- and Z~..~..disappr°ved ~ on ~e ~/~ fo~ow~g ~ounds~~ ~/ ~/~..,~ ~~/~~ B~d~mg I~p~r MAIN R~3AD- STATE R~)AD 25 S~3LITHOLD, L.t., N.Y. 1t:J'71 TELEPHONE (516~ 765-1809 APPEALS;BOARD GERARD P. GOEHR~INGER. CHAIRMAN CHARLES GRtGONI$. JR. SEF:GE DOYEN: ROBERT 3. DOUGLASS 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 Southotd Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday,.December 16, 1982 commencing at' 7:30 o'clock p.m., as follows: 7:30: p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. ~Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36. 7:35 p.m. Application of WILLI~ BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksvilie, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southotd, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattit~ck, NY for a Variance to the Zoning Ordinance, Article II!, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. 7:45 p.m. Application of TEOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Articl~ III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Carey Creek Estates Filed Map ~4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. Page 2 - Legal NQtices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 7:50 p.m. Application of PATRIC~A A..BA_tLEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot ~2 having insufficient area and Lot 43 having insufficient road frontage along Leslie's Road. Location of Property inQuestion: Skunk Lane-and Leslie's Roa~ Cutchogue, NY; County Tax Map Parcel ID Nos. i000-97-4-~,.'i2 a~d 8:00 p.m. Application of ESTHER M.~WILL!AMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, A .... le VII, Section 100-71 for permisszon to construct addition to existing residence with insufficientsideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southoldz NY; County Tax Map Parcel ID No. 1000-061-04-013. f 8:05 Application for DONALD BRENNAN by John Scaramucci, ~ p.m. 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-t7(C) [1] for permission to ~ ~tilize basement for utilities below the minimum required elevation% / above mean sea level in this A-4 Flood Zone. Location of Property: % . 10090 New Suffolk Avenue, Mattituck, NY, County Tax Map Parcel ID ~ No. 1000-116-06-002. 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to'the Zoning Ordinance, Article TII, Section 100-31 for permission to construct addition to dwelling which eXceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 54~, part of Lot #35. 8:20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price, Jr. ~ Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-:30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. Page 3 - Legal Notices of Hearings $outhold Town Board of Appeals Regular Meeting for December 16, 1982 8:30p.m~ Mattit~ck, NY Section i00--34 with reduction Drive, AppIication of CY/~THIAKA~INSKY, 75 Woodeliff Drive, for a Variance to the Zoning Ordinance, Article III, for permission to construc5 addition (enclosed pool) in the rearyard (sideyard) setback at 75 Woodcliff Mattituck, NY; County Tax Map Parcel-ID No. 1000--107--07-028. Ail persons wishing to be heard on the ~bove applications should appear at the time and place above specified. Dated: December 1, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 11 affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15, 1982. (Tel. 765-1809) Copmes mailed to the following 12/3/82: Suffolk Times L.I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and Mrs. Charles M. Alfred J. Skidmore, Esq. for Mr. William Burkhard~ Gary Flanner Olsen, Esq. for Ms. Marguerite R. Wasson Mr. and Mrs. Thomas Occhiogrosso Mrs. Patricia A. Bailey' Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr., Esq. Mrs. Cynthia Kaminsky Posted on Copies to Nelson for Theodore and Mel Metalios Town Clerk Bulletin Board Mr. Lessard (Building Department) and Town Board OWNER FORMER OWNER STREET N E VILe\GE DISTRICT SUB. LOT ACREAGE TYPE OF BUll_DING RES. SEAS. VL. LA, ND IMP. TOTAl, .?t' O0 o FARM COMM. tND, CB. J MISC. DATE 06 o AGE ] .... B~!L.L')ING CONDITION NEW NORMAL BELOW ABOVE T~H~bI~ 2 ~ Tilloble 3 ~ ............... Swampland ~. -1 ........ 1 .... --~ ~"--' Total M. Bldg. Extension Extension Breezewo Garage ~"oundation Basement Ext. Walls Fire Place Patio Porch Porch Bath Floors Interior Finish kleo~t Attic Rooms ]st Zloor Rooms 2nd Floor APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals NIAIN R[3AD - STATE R(:3AD 25 SOLITH(3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 January 7, 1983 Mr. Donald Brennan c/o Mr. John Scaramucci 1965 Westphalia Road Mattituck, NY 11952 Re: Appeal No. FL-12 Flood Law Variance Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination 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 s.ure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER Secretary zoNE B ZONE C ,NE A4 ZONE V4 ~¥/ ZONE B {ELS) ZONE ZONE A4 ZONE zONE B "~ONE B BE ZONE B ZO (EL8) ZONE A4 {EL 8) ;ATOOKA · TOWN O~ ~D, N. XrS. YORK STATE DEPAR'r~E.~F/' OF E,~F~RONME~AL CO~SER~ATIO~ ~dg. 40, SUNV--Room 219 S~n~ ~ok, ~V 11794 (~16] 151-1900 i ~ ,to: Region~ P~n/t Admit~i6t~r DSL:RNT:cz NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday, Decem- ber 22, 1982 commencing at 7:30 o'clock p.m., and as follows: 7:30 p.m. Application of CHARLES M. AND KATH- RYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to estab- lish two legal building lots, each having insufficient area and .width at W~basso Street, Southold, N.Y.; County Tax Map Parcel ID No.s 1000-78-3- 31, 34 .~_0__36. 7:35 ~m. Application of WILLIAI~I BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbtidge Road, Hicltsville, N.Y. 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to reestablish two legal building lots, each having i~.~c~.ent area and width at t'8:05 l~.m. Application for~ DONAL~ BRENNAN by John] Scarmuq~ci, 1965 Westphalia/ Road, ~4attituck, N.Y. for a~ Variancee to the Flood Damage f Prevention Law, Sections 46-/ 12 and 46-17 (C) (1) fo~ permission to utilize basemen[ for utilities below the miniJ mum required elevation abov~ mean sea level in this A-4~ Flood Zone. Location of Pro- ~ perry: 10090 New Suffolk Avenue, Mattituck, N.Y.; Jg County Tax Map Parcel ID No. L iO~-H 16-06-002. ' '-'~ 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, N.Y. for a Variance for approval of ac- cess, New York Town Law, ~ect[on' 280-a. l~oca~ibn of Property: Off the sofith side of New Suffolk Avenue, Matti- tuck, N.Y.; County Tax Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, N.Y. for a Variance to the Zoning O~'dinance, Article II/, COUNTY OF SUFFOLK STATE OF NEV~ YORK Patricio 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 o printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks · /Z ~-~ successively, com//tr)encing on/he .......... ./....~. .................... oay o]/r ....~ ..................................... '_ '~ ........ k Sw/g~n to before me this ........... ../...~....~ ....... day of ......... ........... , Not~'y Public m. papaooaa '9/.6t '1~ aaqmo 'dos pal~p ,uamase u!elaao -a~ l~d~unm ~ 'uo~d~ ls~ ~o ~o~ oql to siq8~ ~s~ spu~os saa~ap ~t Ma~on, N.Y.; County Tax Map Parcel ID No. 1~-023-01-012.2. 8:30 p.m. Application of ~THIA KAMINSKY, 75 W~dcliff Drive. MaRituck, N.Y. for a Variance to the ~ning Ordinance, A~icle III, Legal Nolices 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 Soulhold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 16. 1982 commencing at 7:30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000- 7~-3-31, 34 and 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Read, Hicksvllle, NY 11~02 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southnid, NY; County Tax Map Parcel ID Nos. 1000- 78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. 7:45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, L~_t #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchogue, NY; County Tax Map Parcel ID Nes. 1000-97-4-11,12 and 17. 3:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel D~o~O. 1000-061-04-013. ~. 5 p.m. Application for~' ALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46- 12 and 46-17(C)[1] for permission to utihse basement for utilities below the minimum required elevation above mean sea level in this A- 4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID.,~ ~o. 1000-1164)6-002. 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 260-a. Location of · Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax MapParcel ID No. 1000-116-06- 002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a~Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048-01-035; Greenport Driving Park Map No. 548, part of LOt #35. 8:20 p.m. Application for THEODORE AND MEL METALIOS, by Irving L. Price, ,Ir., Esq., 826 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Read, East Marion, NY; County Tax Map Parcel ID No. 10004}234)1-012.2. 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07- 028. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1, 19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TD9-4122 ~eing duly Sworn, of the SUFFOLK Greenport, in said hexed is u printed ilk Weekly Times .......... weeks Legal Notices NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Emgular MmetinS and Public Rearings for December 16, ~, 1982~ and advertised in the December g, Times; ' have ,, ' been ADJOURNED UNTIL WED. NESDAY, DECEMBER -2~*, 1982 AT THE 8~E TI~S &ND PLACE. Dated: December 10,1982. · BY ORDER OF THE SOUTHOLD TOWN BOARD · OF APPEALS GERARD P, GOEHRINGER CHAIRMAN By Linda Kow~lski, Secretary 765-1809(1802) ITD16-1129 COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, Troy Gustavson being duly Sworn, says that .lae .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for ...... .O.~.e. ................. weeks successively commencing on the .... ! .~.t,.]~ ................. d~/ of ....D.e..c.e.m..b~.~..,...'~. ~ ........ ............. Sworn to before me this . J~O~;h .~/., i' day o! ... ~C.~]~' .... 19..~. TELEPHONE (5'16) 765-~1809 APP6ALS BOARD IV1EMBER$ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 10, 1982 Mr. John Scaramucci 1965 Westphalia Road Mattituck, NY 11952 Re: Applications of Donald Brennan Dear Mr. Scaramucci: We regret to inform you that the December 16, 1982 meeting and public hearings have been adjourned to Wednesday, December 22, 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions, please don't hesitate to call our office at (516) 765-1809. Yours very truly, Enclosures GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- E~TAT£ ROAD 2.5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL wEDNESDAY, DECEMBER 22, 1982 AT THE SAME TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) Instructions to Suffolk Times: Please publish once, to wit, December 16, 1982 and forward one affi- davit of publication to the Board of Appeals, Main Road, Southold, NY on or before December 16, 1982. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 1982 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Flood Plain Appeal No. 12 filed by John Scaramucci. Also attached is letter relative to New York State Tidal Wetlands Land-Use Regulations, Short Environmental Assessment Form, Letter dated October 13, 1982 from New York State Department of Environmental Conservation, survey of the property, plans of dwelling, Notice of Disapproval from the Building Department. APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, (Name of Applicant) ~ttituok~ Yew York 11,'52 TOWN OF SOUTHOLD, N.Y: of lq6~ i~'e~t~halia Road '(Address) HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED ~92~2_,.WHICH DECISION STATES: LOCATION OF PROPERTY: ~D~9~ iJ~ 91,~fn1~ AV~I~p- ~l]tOho~ (Street and Hamlef) TAX MAP DISTRICT 1000, SECTION 116 , BLOCK 06 , LOT 002 NAME OF SUBDIVISION AND LOT NO.(if applicable): n/a FLOOD INSURANCE RATE MAP DESIGNATION: A-~ PROVISIONS OF THE FLOOD ~ &6-12. d6-17C (Indicate the-Section, DAMAGE PREVENTION LAW APPEALED: SUbsection and Paragraph of the Law by number) 3. THE TYPE OF APPEAL IS: (X A Variance to the Provisions of the Flood Damage Prevention Law. An interpretation of the exact location of the boundaries of the area of special flood hazard. ~ An interpretation of the Provisions of the Flood Damage'Preven- tion Law (Specify): 4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, (has) ~) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specif~): THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: To locate wa~e~ tank and water pump ~n~ electric hot water heater to basement. (Continued on Reverse Side) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: Tank and pump are now located in exterior pumphouse; although the pumphouse is insulated, heating costs to prevent freezing are prohibitive. The electric hot ws2er heater must be moved from a bathroom area to comply with the building code. The most logical place for this equipment is in the existing cement block and brick basement, which is below the flood plain elevation. 7. Failure to grant the relief requested would result in exceptional hardship for the following reasons: a) Present pumphouse arrangement is inefficient and expensive. Also, pumphouseis to be covered with a new wood deck~ making access difficult. b) The only feasible alternate site is in the proposed rear entry area, which is unheated and would be expensive to winterize. That space is also necessary for wood storage and mudroom. 8, Granting the relief requested will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing laws or rules and regulations for the following reasons: a) Entire basementand crawl space venting will be above flood plain elevation. b) Even if flooding of basement occured, only property damage would result- no injury to occupants is envisioned. c) Ail other aspects of proposed construction comply tothe Flood Plain Provisions. STATE OF NEW YORK) ss COUNTY OF SUFFOLK) Sworn to before me this /~ day of -(}~otary Public) ~ota~ Public, State of New ¥oik t~c !O~-Ifr,~2 Suffo!k Coun'~'/~ (Signature) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: ~ank and pump arenow located in exterior pumphouse; although the pumphouee is insulated, heating costs to prevent freezing are prohibitive. The electric hot wa~er heater must be moved from a bathroom area to comply with the building code. The most logical place for this equipment is in the existing cement block and brick basement, which is below the flood plain elevation. hardship a) Failure to grant the relief requested would result in exceptional for the following reasons: Present pumphouse arrangement is inefficient and expensive. Alsc~ pumphouseis to be covered with a new wood deck, making access difficult. b) The only feasible alternate site is in the proposed rear entry area, which is unheated and would be expensive to winterize. ~hat space is also necessary for wood storage and mudroom.~ 8. Granting the relief requested will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing laws or rules and regulations for the following reasons: a) Entire basementand crawl space venting will be above flood plain elevation. b) Even if flooding of basemen~ occured~ only property damage would result- no injury to occupants is envisioned. c) All other aspects of proposed construction comply tothe Flood Plain Provisions. STATE OF NEW YORK) COUNTY OF SUFFOLK) -(Signature) Sworn to before me this//o'~----~day of ~ /' ~~__/.~-/~F~/ ary Public) ~ JUDITH T, TERRY Not~ry Public, ~t~ of N~w York · No. 52-054~3 SUfFo!k Counby.6~,~, Cornmi~)o~ Explrc~ March $0, ~.9#.--/ APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, TOWN OF I, ~), John Scaramuc¢l (Name of Applicant) Mattituck, New York 11952 SOUTHOLD, of N.Y: 1965 Westphalia Road (Address) HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED ~3~_~_~, WHICH DECISION STATES: proposed construction ~, ~n ]~lood Zene A-4. ® LOCATION OF PROPERTY: 1ooqo New ~uffolk Avenue. ~uteha_~ue (Street and Hamlet) TAX MAP DISTRICT 1000, SECTION 116 , BLOCK 06 , LOT 002 NAME OF SUBDIVISION AND LOT NO.(if applicable): FLOOD INSURANCE RATE MAP DESIGNATION: A-$ PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: S8 46-12, 46-170 (1) (Indicate the'Section, Subsection and Paragraph of the Law by number) 3. THE TYPE OF APPEAL IS: (X A Variance to the Provisions of the Flood Damage Prevention Law. An interpretation of the exact location of the boundaries of the area of special flood hazard. An interpretation of the Provisions of the Flood Damage~Preven- tion Law (Specify): 4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, (has) ~) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: hot water heater to ba~,~nt. ~Continued on Reverse Side) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: 7. Failure to grant the relief requested would result in exceptional hardship for the following reasons: 8, Granting the relief requested will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing laws or rules and regulations for the following reasons: STATE OF NEW YORK) ss COUNTY OF SUFFOLK) Sworn to before me this /~--~ day of ~(Notary Public) ~o. 52.0,-34,:t953 Suffolk Count~,40., ~:t~di~s~ion: Ex~ire~ Match 30~ (Signature) APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, (Name of Applicant) TOWN OF SOUTHOLD, N.Y: (Address) HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED ///~/~2- WHICH DECISION STATES: LOCATION OF PROPERTY: /0090 ~3~9L~_ ~, , ~o~OSUr ,,~.~. (Street and Hamlet)' TAX MAP DISTRICT 1000, SECTION //6 , BLOCK O~ , LOT OO~ NAME OF SUBDIVISION AND LOT NO.(if applicable): ~/~ FLOOD INSURANCE RATE MAP DESIGNATION: ~ - q ~ 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate ~he Section, Subsection and Paragraph of the Law by number) 3. THE TYPE OF APPEAL IS: Variance to the Provisions of the Flood Damage Prevention Law. An interpretation of the exact location of the boundaries of the area of special flood hazard. An interpretation of the Provisions of the Flood Damage Preven- tion Law (Specify): 4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, ~ (has not) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: (Continued on Reverse Side) ?/~.t; SHO?,T EHVIRONk{ENTAL ASSESSI4tzNI '~ ~ (o) I,( order to answer the questions in thls shor~ EAF it is assumed that the preparer will use. currently available information concerning ~he project and the likely impacts additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes ~he project may be significan~ ~nd o completed Environmental Assessment Farm is necessary. (c) If all questions have been answered [qo i~ is likely %ha% ~bis projec~ . :-. (~) .. is not significant. E~vironmental Assessment ~. Will project result in a large physical change to the project site or physically alter more thom 10 acres Of land? ........................ 2. Will there be o major change 4o any unique or · unusual land form found on the sit&? .......- 3. %'1ill project alter or have a large' effec%'°n existing body of water? ...................... 4. %?ill project have a potentially large impact Yes.)< No Yes_ ~ on groundwater.quality? .... ~.~; i~;~ ..... Yes...~No._ · 5. ~'lill project szgnificantly o flow adjacent sites? Yes X No 6. %'/ill projec~ affect any ~hreo~ened or endangered plant or onJmot species? .......... . Yes, 7. %'1ilt projec~ result in o major adverse effe~ ' on air quoli~y? ..... ... Yes character of ~he community or scenic views or vis~os known to:be imporion¢ ~o ~he communily? yes,~.No ~. Will project adversely Jmpoc¢ any site or s~ructure of historic, prehistoric or paleontological importance or any si~e designated os a critical environmental oreo by o local agency? ............ ~'"'"~";'"""~"~''L., Yes~No 10. %'1ill project hove o major etfec% on axis%in9 or future recreational opportunities? .......... Yes,~, No 11. %~ill project resul~ in .major ~roffic problems o~ cause o major effect ~o exis¢in~ tronsporto~ioD sys%cms7 ....................... Yes ~ No 12. Will project ·regularly cause objectionable odors, Do~se,' glare, vibration, or electrical dis%urbonce as o rcsul~ of the project's operation?.. .'. Yes ~ No Yes ~ No or.sofe~y? .................................... , 14, Will p~oject o~fec% the existin9 community direclly cousin9 o 9rowth in permonen~ populo~ion of more thon 5 perceg~ over o one yeor period or hove o mo jot nego~ive effec~ on the choro~ter of the community or neighborhood? ................................. Yes~ No 15. Is there public controversy concernin9 the project? ...................................... Yes.~ No PREPARER'S SIGNATURE (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) May be located within 300 feet of tidal wetlands; ho~ever, 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 wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -[ ] Is not located within 300 feet of to the best of my knowledge.* tidal wetlands [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (,gnature please) 4 AVE