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HomeMy WebLinkAboutFL-9~0 F±shernnen~ s Beach Rd.~ Cu~chogue. II/S/SI CA-construct imProvements exceeding 50% ~f the market value of existing structure, with base floor below 8-.foot minimum elevation in- a Zone A. TOWN OF SOUTHOLD, NEW ¥OR~K ACTION OF THE ZONING BOARD OF APPEALS AppealNo. FL-9 by application Dated October 13, 1981 ACTION OF THE ZONING BOAH/) OF APPEALS OF THE TO%VN OF SOUTHOLD To Mr. Peter R. Stoutenburgh 3075 Indian Neck Lane Peconic, NY 11958 Appellant at a meeting of the Zoning Board of Appeals on November was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the ZoninE Ordinance ( ) Request for a variance to the Zoning Ordinance (X) Request for variance to the Flood Damage Sections 46-17, 46-18, 46-19 5, 1981 Prevention Law the appeal 1. S]~l~X~~~~~g~X~Y~/iYr~/g;~U~X/C;~/~Kd/ption ( ) be ~ra~ed ( ) be d~ied p~suant ~ Article .................... S~on .................... Sub~ction ....................para~aph .................... of the ~ning ~dinance an~ the d~n of the Building I~peeWr ( ) be reve~ ( ) be Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18; 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc.; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16. (SEE PAGE TWO) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE PAGE TWO) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE PAGE TWO) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because (would not) (SEE PAGE TWO) [a,n~.d~._theref??. it...was furth.~- a.t.,-mi,,~ t~t jb.e r~ues~ v~ ( ) be ~t~ ( ) be d~ and [th~.~~i~ t~~g ~ec~r ( ) ~ co~med ( ) ~ rev~. GG: lk SOUT::CJ / ~ -~~ ZONING BO~D OF ~PE~ Town ezk, Town of ou,hold ' ~Page 2 ~ppeal FL-9 By this appeal, applicants'seeK approval of the construction of an addition containing square footage of approximately 270 to be located at the southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and approximately 20 feet from the side property line (abutting Lot 25), and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 50% of the market value and which should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5.8 feet at the westerly side of the existing dwelling and 8.5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5.) feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a A-4 Flood Zone with a minimum elevation at 8 feet above mean sea level. The Board finds that there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant/of this variance; (2) A failure to 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 nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of SouthQld to construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16, SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage Prevention Law; (2). That there shall be no habitable (living) area at any time below the requested minimum base flood level; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions (continued on Page Three) ...Page 3 A,ppeal FL-9 of~ Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, 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 RESOLVED, that the Secretary to this Board transmit copies of this determination to the applicants and to the Town Building InspeCtor. Vote of the Board: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, This resolution was unanimously adopted. * * Gerard P.G~ehring~ Chairman LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Contracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten-foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers' Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Private Road; west by Bagley; County Tax Map Parcel Item No. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Herreros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback. Location of Page 2 - Legal NotiO Board of Appeals Regular Meeting of November'5 Property: 3000 Delmar Drive, Laurel, NY; LaUrel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel~Item No. 1000-125-4'13. 7:35 p.m. Application of William A. Rusch, 50550 Main ROad, Southold, NY for a Variance to the Zoning.'ordinance, Article'III,~ section 100-32B for permission to constrUCt raised deck on pooI ~ with an insufficient sideyard setback at 50550~Main'R°ad, Southold, NY; bounded north by Main Road, east by Baker, soUth bY Christian Science Society and Southold School District; West by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2~13. 7:45 p.m. Application of Wilbur A. Baidwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area. LocatiOn of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeister, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III,' Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; JacksonrLanding SubdiviSion Lot No. 9, Subdivision Map No. 5280; County Tax Map Parcel item No..1000-113-4-9. 8:05 p.m. Application of Thomas J. DeBor~er, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the zOning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. ~Page 3 - Legal N~/ce Board of Appeals~egular Meeting of November~, 1981 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI,-Section 100-.l18D for permission to construct accessory building in an area other than the required rearyard. "Location of Property: "5100 Private Road off Mill Road, Mattituck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106'6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy. C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pequash Acres SubdiVision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling'with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for Board of Appeals Regular Meeting of November 5, 1981 Variances to the Zoning Ordinance: (1) Article III, Sections 100-30A and Bulk Schedule for approval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwell-' ing with an insufficient frontyard setbackl Location of Property: Northwest corner of Wavecrest Lane and Saltaire~Way, Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt- mann, Cox Lane, CutchogUe, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for permission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Location of Property: South side of Cedar Point Drive East, Southoi~d, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank CUrran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at-780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, ~Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. ~Page 5 - Legal N~e (Instructions) ~Board of Appeals Regular Meeting of November 1981 ~ 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below. the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286,-Lots 26-and part of Lot 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four,foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, Thursday, October 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold~ NY 11971, on or before November 2, 1981. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ............. To ... ...... ~&.. ~.~...~.. ¢.~...~ ~, ~ PLEASE T~E NOTICE that your app~cation dated ..... ~ ................... 9 . ................. :' ......... .... _ ..... ' ....... at , ~ation of ~one.v ~~ .... ~~.~ . . ~.~ . .~ .4.~ ...... ~ ~ ' ~ ~ ..... St~t Hamlet County T~ Map No. 1000 Section ...... /. f.~... Block .... ~. ~ ...... ~t . .~ ~ ....... Subdi~on~.~. ~.Y~, · F~ed Map No .... ..... ~t No..~~ J .~ ...... · ...... . ~ ~ .- ...... ~ ................................................... ~. . ¢~¢~ . ~~~:~ ~~. . .~ ~ : .~, ....................... Building Inspector RV 1/80 FORi~i NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19... Approved ................. ,19... Permit No ............ Disapproved a/c ................. ~..-.~ ................ Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date...~.~.~. _~. .........., 19~;~/ a. This application must be-completely filled- in by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of Plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shOwing location of lot and of buildings on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this apl: cation. c. The work covered by this application may.not be commenced before issuance of Building Permit. d. Upon approval of this. applicatio'ni the Building Inspector will issue a Building Permit to the applicant. Such pern shall be kept on the premises avails ble 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 Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County; New York, and other applicable Laws, Ordinances Regulations, for the construction 0'f buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees t° comply with al! applicable laws, ordinances, building code, housing code, and regulations, and admit auth°rized in spect°rs °n premises and in buildings f°r necess.~~~s~ ~~ ...~.: (Signature of applicant, or name, if a corporat~ol~) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engin~ electrician, plumber or build,  - (as on the tax roll or latest deed) If a r ti , a. re~.~uly authorized officer. Builder's License No...'~..../. ~ ........~..~.~...S-..l~.~'¢ l,mU ,'s Electrician's License No... i...' ......... ;...- ..... Other Trade's License No ............ -.; .. ........ Location Of land on which'proposed work will be done ................................... ' ............. .............. ....................... HOuse Number' Street Hamlet County Tax l~!aP No. 1000 Section //A~. ........ Block ..... .O../ .......... Lot .~...~..&/. ....... Subdivisi~.~.~..'~'~_ ,/-' .' %'"; .z:~.../,-/lo/~ ........ ;.. Filed MapNo. '..-'~..~...~. ..... Lot ../~4-....~..7...' ---- -- c/textone) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Ex~sting use and occupancy ....~ ................................ · .................... b. Intended Use and occupam/y . . ~,..K~..~ ~~?,.. ........ I. Nature of work (check which applicable): New Building` Addition ~'"~'~" Alteration Repair .............. Removal ' , '' Demolition .. ............ OtherWork . ........ (Description) ,/..-7o 0 o..a. ,. Estimated Cost .................................. Fee .......................... .~ (to be paid on ~ing this application) ~. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars .......................... . .............................................. 5. If business, commercial or mixed occupancy, specify nature and extent of ea>~h~pe of use ..................... ?. Dimensions of ex. isting strUctures, if any: Front..,~O.:~ ...... Rear . ~'.', .......... Depth .. ~.(~ ......... Height .... ~...cfi ....... Number of Stories ................... ,~)' ' ' ' ............... ~,' '~7' ' ' ' ...... DimensiOns of Same structure with alterations or additions: Front . .- ............. .. Rear .. ,~.~..<.. .......... Depth ..... ~ .t~'.O ............ Height ..... ~..~.,.: ;: .... '... Number .o~f,S. to~,ries ......... .,.,~ .;/:,., ..... ]. Dimensions o.f~eptire new construction: Front .... /.' .~. ~/.)~.... Rear ....~. t/,. 0.. .... Depth ~..t.~. 9 ........ Height .../.5" ......... Number of Stories ...... ~...~': ~;[ ...... ' ............. '--'...:~ .,.' i ...... "'~ Size of lot: Front ..... /.:2tO .............. Rear ...... /....~.: :70 ....... Depth .... /. .................. ). Date of Purchase ..... '5.ca.~a~. ' "~-0'~. ........ Name of Former. Owner ............................. 1. Zone or use district in whic~ pCJ~ren~i~s are situated.· .~.. ,~~-~ ........ /-~ ............... ~ !. Does proposed construction violate any zoning law, ordinance or regulation: ..~ .~. ~...S'.t~ 1~4-.~.. :.. t. Will lot be regraded ............ ~ ...... , .... Will excess fill be remo~'6d from premises: Yes ~ ~. Name of Owner of premises /r~..~ ~.~..~Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ........................... Address Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing o.r proposed, and. indicate all set-back dimensions from :operty lines. Give street and block number or description according to deed, and show street names and indicate whether ~terior or corner lot. TATEOFNEW~ --~' -- ou v-ow, s.s, ·. ~~~A.i:. } .... ./.. .............. being duly sworn, deposes and s~ys that he is the applicant (Name~f individual s'"ig~ing contract) ~ove named. ~ · , agen , cor at o , etc. f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; ti{at all statements contained in this application are true to the best of his kazowledge and belief; and that the ,ork will be performed in the manner set forth in the application filed therewith. worn to before me this '. ..... ....~ ~. :.',..day of .... , APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD - - Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEA!~,~ TOWN OF SOUTHOLD~, N.Y: ' .(~ame of ~pplican~) ~ (~ddress) ~'CO,~ f~ HEREBY APPEAL FROM THE DECISION (Street and Hamlet) · ~ ~ n~s~c~ ~0~0, s~c~o~' fl~ , .~oc~ o /, ~OT N~E OF SUBDIVISION AND-LOT NO. (if applicable): .~6-~ ~oo~ ~s~c~ ~ ~ ~s~~o~: ~ ~ (~Z %) 2. PROV'ISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate ~he Section, Subsection and Paragraph of the Law by number) THE TYPE OF APPEAL IS: ( L~"~ Variance to the Provisions of the Flood Damage Prevention Law. ( ) An interpretati~nrof the exact location of the boundaries of the area of-special flood hazard. ( )' An interpretation of the Provisions of theJlood ~amage. Preve~- 4. PREVIOUS APPEAL:- A previous appeal with respect to~ision of the Building .Inspector., or with_ respect to this property~~ been made.2uch previous apPe'al was: ( ) a request for an interpreta- '" ' -' ' ' ' " ~/~( ) other (specify): tion;..-. (~. a request for~~c~. . . . THE SPECIFIC-NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS:. ~ontinued 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 theNt_~.following~ reasons: % k0 tu~ /,~/.. 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) COUNTY OF SUFFOLK) ss Sworn to before me this Today' s Date: Members Absent, if any: THURSDAY, NOVEMBER 5, 198I .......... . . to Dwelling Appeal No. -- . . -.' - - Agenda Item/biatter of: FRANK~CURRAN --' Type of Variance or Appeal: . New 'Accessory Structure a Addition FLOOD LAW ~CR · . 780 Fi'shermen Beach Rd ~Charles Cutch. ogue ' ~rlgonls Resolution made by: ( ) - Seconded by: ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) )%rce _Rob~_ft' 'i Gerard Joseph." yen oougr~ss ~oenr~nger ' maw~cK~/ ( ) (~ ( ) ~.. ( ) .( -. (') '.'( ) ( rovo wi-th the 'following conditions: (X) See ~ ~ ' ' Findings of the Board are as follows: Subject to Plannin9 Board approval ' 'Q~.Subiect to D.E.C. regulations (-). Other: Oth~.~ Not W'ithin the Character of the Neighborhood ( ) Gra.nting the'Relief Requested is with Variance is Substantial in Relation to Code spirit of the Zoning .code Not .in, h _~...o. ny ?{ith purposes of the Code ( ) Relief is not substantial Hardship not sufficient -- -( ) -Burden of hardship or difficulty s'ho~ Circumstances are. NOt Unique ' ( ) Circumstances are unique Will set a precedent in the neighborhood ( ) Variance will not Change character , Area is already very congested the.neighborhood . . Interests of justice served by denying ' ' ( ) Interests of Justice'served by grant~ ( ) Ohhe= for Special ExcePtions Vote of the Board: · Nay': ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) () () () () () () Usual Flood Law Variances Requirements When Allowing: (1)~ ~hat the basement be floodproofed-So that below the base flood level~he struct e is w tertight wi-~ walls substantially imper- meablelto the ~ss~ge o~ater; ~ ( ) That t~ ~l.oodproo~n~ re~ulre_ments be certified by a registered profes~iona~ engineer or reentered professional architect as meeting the sta~da~s set forth in~e preceding paragraph hereof; (3) .T.h~¥/suc~h..cer_tifiCa~fon\be/\ filed with the Offices of the Building InsPec~.~ ~nd the Board/of_ Z_o~ing Appeals of the Town of Southold prio~..t~ the c'ompletio~ of th~ proposed structure and as early as po s/s'~, nie'~ ~, (~ That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage Prevention Law; ) no habitable (living) area below the -foot That there shall be minimum'eleva~tion above mean sea level. . AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest floor elevation below the base flood elevation 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 RESOLVED, that the Secretary to this Board transmit copies of this determination to the applicants and to the Town Build- ing InspectOr. Vote of the Board: COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,r 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 ....... ..~....~.. ..................... ~.. ~ ............... , ~9..'~.~.. ~ + day Sworn to before me this ......... ~ ................. day of ........... ~ ............... , 19...~.k NOTICE IS HEREBY 6IV'"~ ~byy; Private Road; west by ?. LE~ EN, pursuant to Section 267 of' .i · County Tax Map ' C J. THOMPSON the Town Law and the Pro- Parcel Item Nod. 1000-3-1-3. NOTARY PUBLIC, State of Ne,l York visions of the Amended Code 7:30 p.m. Application of [10. 52-9321725 R~siding in S~01k ~0unb/ of the Town of Southold, a- Robert A. and Bettyann Her- ~0mmissi0n Exiires March 30, Regular Meeting and the reros, 3000 Delmar Drive, following public hearings will Laurel, N.Y. for a Variance to be held by the Southold Town the Zoning Ordinance, Article Board of Appeals at the HI, Section 100-31 for permis; Southold Town Hall, Main sion to construct addition to Road, Southold, N.Y. on dwelling with an insU~i~,cie~t - Thursday, November $, 1981 frontyard setback. Location of commencing at 7:15 o'clock Property: 3000 Delmar Drive, p.m. as follows: .lb Laurel, N.Y.-; Laurel Country 7:15 p.m. Application of Estates Map No. 5486, Lot 37; Isabel DuBois by Gada Con- County Tax Map Parcel Item tracting, Drawer B. Fishers No. 1000-125-4-13,. Island, N.Y. 06390, for-ap- 7:35 p:m. Application of proval of access, New York/ ~'William A. Rusch, 50550.Main Town Law Section 280-'A. Road, Southold, N.Y. for a Location of Property: Privat~ Variance to the Zoning Ordin- Road, Fishers Island, N.Y.; ance, Article HI, Section 100- Chocomount Lot 3; bounded 32B for permission to con. north by Musser and Private struct raised deck on pool with Road; east by F.I. Water an insufficient sideyard set- Works; south and west by back at 50550 Main Road, Fishers Island Development Southold, N.Y.; bounded north Co.; County Tax Map Parcel by Main Road, east by Baker, Item No. 1000-4-5- part of- south by Christian Science parcel~5. Society and Southold School 7:20 p.m. -Application of Dis.trict; west by Christian Robert, W. Nelson, 17 Com- Science Society. County Tax merce Street,--Chatham, N.J. Map Parcel Item No. 1000-70- 07920, for approval of access, 2-13. New york Town Law Section 7:45 p.m. Application of 280-A. Location of Property: Wilbur A. Baldwin, by Wil- Private Road, Fishers Island, liam S. Midgley, Jr. as agent, N.Y.; Fishers Island Map --~200 Skunk Lane, Cutchogue, Block 16, Lot 12; bounded/ ~N.Y. for a Variance to the north by F.I. Water Works;. Zoning Ordinance, Article Ili, I east by Private Road'; south Section 100-32 for permission and west by Fishers Island to construct garage in the Development Co.; County Tax frontyard area. Location of Map Parcel Item No. 1000-4- Property:. 1725 Nassau Point 5-5.7, .- ..c Road, Cutchogue, N.Y.; more 7:25~:' p.m~' Application' Of particularly known as Nassau-. Marjorie S. Dunaway, by' Point Club Properties Lot No. , 1; County Tax' Map Parcel James V, Righter, 58 Winter Street, Boston, Ma 02108, for Item No. 1000-104-13-2.4. a Variance for: 1) approval of 7:55 p.m. Application of access, New York Town Law Richard and Joan Zeisler, c/o Section 280A; and 2) for per- Philip J. Ofrias, Jr., Esq., 737' sideyard area; and 3) for: N.Y. 11901 for a Variance to permission to construct ten-' the Zoning Ordinance, Article III, Section 100-31 for approval ~ Variance to .the Zoning Or- fOOtLocationhighoftenniSproperty:court Privat'efence'. of walkways around the perii ~ dinance, Article III, Section Road, Fishers Island, N.Y;~ meter of applicants h0~u__s¢ -~'~ 100-32 for permission to con- Fishers Island Map Block 25,~ [ ~ with reduced frontyard and struct accessory structure in .. 'sideyard setbacks at 700 Jack- the *sideyard area at 780 .. son Landing, Mattituck, N.Y.; Fishermen's Beach Road, Cut- Jackson Landing Subdivision chogue; Peconic Bay Proper- .. ' - LOt. No. 9, Subdivision Map ties, Inc. Filed Subdivision .. No. 5280; County Tax Map Map No. 286, Lots 26 and part · ".- Parcel Item No. 1000-113-4.9. ~f 2?; County Tax Map Parcel '' 8:05 p.m. Application of Item No. 1000-111-1-16. _ · ~ ' , Thomas J. DeBorger, by Ru- 9:15 p.m. Application' of 't . dolph H. Bruer, Esq., Main Frank Curran: by Peter. R. Variance to the Zoning Ordin- Neck Lane~ Peconic, N.Y. for~ .. ance, Article III, Section 100- Variance to the Flood Damage -. 31 and Bulk Schedule for~ Prevention Lawr Chapter46-8,. permission to construct new- Sections 46-17, 46-18~ 46-19± dwelling with insufficient front for oermission to construct and. side yard setbacks and' improvements exceeding 50% exceeding the maximum per- ~of the market value of existin~ mitred 20% lot coverage, structure, with base Location of Property: North below the 8-f9o~ rrinhaum ele- ~side of North Road, Southold, vation above mean sea level in N.Y.; bounded north by L.I. p..zone A, at 780 Fishermen's Sound; west by Bloom; south Beach Road~ Cutchogue, N.Y.; by C.R. 48; east by McMann; Peconic Bay Properties~ Inc. County Tax Map Parcel Item Filed Subdivision Map No. No. 1000-44.2.15, 3286, Lots 26 and part of Lot 27: 8:20 p.m. Application of County Tax Map Parcel Item William and Margaret Killian, No. 1000.111-1-16. $100 Private Road off. Mill ..... o,~m ......... l-.~: Legal Notices LEGAL NOTICE NOTICE IS HEREB ~f 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 South- old Town Hall, Main Road, Southold, NY n Thursday, November 5, 1981 commenc- ing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Con- tracting, Drawer B, Fishers Island, NY 06390~ for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fish- ers Island, NY; Cho~omount Lot 3; bounded north by Mus- set and Private Road; east by F.I. Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Ite~ No. 1000-4-5- part of parcel 5. 7:20 p.m. Application' of Robert W. Nelson, 17 Com- merce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 56 Winter Street, Boston. MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Privat~ Road: west by ~gley; Co~tY Ta~ Map P, 1 Item No. 1000.3-1-3. 7::~0 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III. Section 100-31 for pei'mis- sion to construct addition to dwelling with an insufficient frontyard sethaek. Location of Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No 5486, Lot 37; CountyTax Map Parcel Item No. 1'000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100. 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District;. west by Christian Science Society. County Tax Map Parcel Item No. 100070- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agentl 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY; more particular- ly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the 'Zoning Ordinance, Article III, Section 100.31 for approval of walkways around the' perime- ter of applicants' house with reduced frontyard and side. yard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Mao Parcel Item No. 1008-113-4-9.- 8:05 p.m. Application of Thomas J. DeBorger, by Ru- dolph H. Brner, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III. Section 100- 31 and Bulk Schedule for per- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- ceeding the maximum per- mitted 20% lot coverage. Lo- cation of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Sectio9 100.118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Matti- tuck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-108-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Mattituck; bounded north by Case; west by Winiarz Es- tate and North Fork Liquor Corp.; south by State Route 25; east by Wickham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates: Trumbull, CT 06611, for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one par- cel in a proposed two-lot divi- sion, premises described as Peq~uash Acres Subdivision Lots No. 3 and 4;; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pe- quash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21- 3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rockledge Place, Cedar Grove, NJ by Abigail A. Wick- ham, Esq., for Variances to the Zoning Ordinance: (1) Article III, Sections 100.30A and Bulk Schedule for ap- proval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100. 31 and' Bulk Schedule for per- mission to construct new dwelling with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Salt- aire Way, Mattituck; Salt Aire Estate~ Filed Map No. 4682, Lots 17 ana 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidtmann, Cox Lane, Cut- chogue, NY for a Variance to- the FlOod Damage Prevention Law, Section 46-19B for per- mission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Loca- tion of Prpperty: South side of Cedar Point Drive East, South~,,,~, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100. 32 for permission to,construct accessory structure in the sideyard area at 780 Fisher- men's Beach Road, Cut- chogue; Peconic Bay Proper- ties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel F tem No. 1000-111-1-16. 9:15 p.m. Application of rank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 464, Sections 46-17, 46-18, 46-19, for permission to construct ira- provements exceeding 50% of the market value of existing structure, with base floor be- low the 8-foot minimum eleva- tion above mean sea level in a ~Zone A, at 780 Fishermen's IBeach Road, CUtchogue, NY;* [Peconic Bay Properties, Inc. [Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item '"'No. 1000-111-1-16. 9:30 p.m.~ Application of Frances N. Frisbie, 175 Clear- water Lane, Cutchngue, NY for a Variance to the Zoning Ordinance Article III, Sec: tions 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height re. quirement in the frontyard area at 175 Clear:water Lane, Cutchogue, NY; Nassau Point Filed Subdivision MaP No. 150, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T029-3800 Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958 516-734-7474 Southold Town B°ard of'Appeals MAIN REIAD- STATE RI3AD. 25 5EIUTHEILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI October 22, 1981 Mr. Peter R. Stoutenburg Environmental East, Inc. RFD #, 3075 Indian Neck Lane Peconic, NY 11958 Re: Appeals No. FL-9 and 2912 Applications of Frank Curran and wife Location of Property: 780 Fisherman's Beach Road, Cutchogue Dear Mr. Stoutenburg: Please be advised as follows: (1) This letter will confirm that yOu will be submitting three surveys showing: (a) the elevations above mean sea level of the base floor of the structures in the subject appeal appli- cations and (b) the ground elevation above mean sea level; (2) That the Board upon reviewing these applications requests: (a) one set of building plans be submitted for the structures covered in both the above appeal applications and (b) certification indicating the percentage of lot coverage for the existing structure and proposed total struc- tures as early as possible before the public hearing on these matters, to wit, November 5, 1981 at 9:10 and 9:15 p.m. to be held in either the assembly room or the town board room. If you have any questions, please do not hesitate to call. CG:lk Yours very truly, CHARLES GRIGGNIS, CHAIRMAN 0 0 Southold Town BOa.rd-of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1i9'7'1 TELEPHONE (516)765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. D0UGLASS GERARD P. GOEHRINGER OctOber 23, 1981 Mr. David DeRidder Associate Environmental Analyst Building 40 Stony Brook, NY 11794 Dear Mr. DeRidder: The Board of Appeals has scheduled the following two matters for public hearings to be held on Thursday, Novem- ber 5, 1981 at the Southold Town Hall. The Board has requested that you be notified of the proposed new projects and that your comments be forwarded as early as possible, inasmuch as these matters may be within your jurisdiction. Appeal No. and Name 2901 - Marjorie Dunaway Project and Location Swimming~ool in sideyard~area and approva~ of-acceSs. Private Road, Fishers Island. (SubjeCt premises does not appear to be bulkheaded and fronts F.I. Sound) 2912 - Frank Curran Accessory building as proposed five feet from existing bulkhead. 780 Fishermen's Beach Road, Haywaters Cove, Cutchogue. Thank you for your assistance. CG:lk Enclosures t Yours very truly, ~CHARLE S GRIGg~ IS, - CHAIRMAN ~ (By Linda Kowalski, Secretary) (5) additional ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring-four (c) (4) additional ties per side. All components of the anchoril~g system be capable of carrying a force of four thousand eight hundred (4, 800) pounds; and (d) Any additions to the mobile home shall be similarly anchore~ Construction materials and methods, (1) Ali New construction and substantial improvements shall be constrUcted with materials and utility equipment resistant to flood damage. - ' · ' ' (2) Ail new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of.floodwaters into the system. (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floOdwaters into the systems and discharge from the_ systems into flood waters. (3) On-site waste disposal systems shall be located to avoid impair- ment to them or contamination from them during floodings- D. Subdivision proposals. (1) All subdivision proposals shall be consistent With the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems located and constructed to minimize flood damage° -14- Variances shall only be issued upon: (1) A showing of good and sufficient cause. (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant. (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 46-15B or conflict with existing local laws, ordinances or rules and regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and thai the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 46-17. General Standards In all areas of special flood hazards the following standards are required: A. Anchoring. (2) Ail new construct{on and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All mobile homes shal.~be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that: (a) Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one (1) additional tie per side. (b) Frame ties be provided at each corner of the home with five -13- (3) (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Base flood elevation data shall be provided for Subdivision proposals and Other proposed developments' which contain at least fifty (50) lots or five (5) .acres, whichever is less. 46-18. Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 46-7, the following standards are required: Residential construction. New construction and substantial {mprovement of any residential structure shall have ttie lowest floor, including base- ment, elevated ~-o or above the base flood elevation. Notwithstanding the foregoing provisions of this Subsection A, in the event that the Code of Federal Regulations is amended to permit new construction and sub- stantial improvements of residential structures to be elevated aboVe the base flood level or floodpr'oofed pursuant to the provisions of~ § 46-18B of this chapter, then upon the effective date of the amendment of said federal regulations, the provisions of ~ 46-18B shall apply to both residential and non-residential structures. Nonresidential construction. New construction and substantial improve- ment of any cornmercial, industrial or other nonresidential structure shall either have the lowest floo~~. including basement, elevated to the level of the base flood elevation or, together with attendant utility and' sanitary facilities, shall: / (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. -15- Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Be certified by a registered professional engineer or architect that the standards of this subsection sre satisfied. Such certi- fications shall be Provided to the official as set forth in ~ 46-14E-. NIobile homes. (1) Mobile homes shall be anchored in accordance with ~46-17A(2). (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home sub- divisions; for existing mobile home parks and mobile home sub- divisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile home s not placed in a mobile home park or mobile home subdivision, it shall be required that: (a) stands Or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or " above the base flood level; (b) Adequate surface drainage and access for a hauler are provided; and, (c) In the instance °~f elevation on pilings, that: lots are large enough to permit steps; that piling foundations are placed in stable soil no more. than ten feet apart, and that reinforcement is provided for pilings more 'than six feet above the ground lexe 1. (3) No mobile home shall be placed in s coaStal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. (2) L16- O O § 46-1'9. Coastal high hazard area. Coastal high hazard areas (V Zones) are located within the areas of special flood hazards established in § 46-7. These areas have special flood hazards associ- ated with high velociiy waters from tidal surges and hurricane wash; therefore, the following provisions shall apply in coastal high hazard areas. A. Location of structures. (1) All buildings or structures shall be located landward of the reach of the mean high tide. (2) The placement of mobile homes shall be prohibited, except in an existing mobile home park or mobile home subdivision. B. Construction methods. '(1) / / ./ (2) / / Elevation - All buildings or structures shall be elevated so that the lowest portion of the structural members of the lowest floor is located no lower than the base flood elevatiOn, with all space .below the lowest floor's supporting member open so as not to impede the flow of water, vided for in § 46-19B(4). Structural support. (a) (b) ,/(c) except for breakaway walls as pro- Ail buildings or structures shall be securely anchored on pilings or columns. Pilings or columns used as structural support shall be de- signed and anchored so as to withstand all apPlied loads of the base flood flow. There shall be no fill used for structural support. (3) Certification - Compliance with the provisions of $ 46-19B(1) and (2)(a), (b) and (c) shall be certified to by a registered pro- fessional engineer or architect. ./ (4) / / Space below the lowest floor. (a) Any alteration, repair, reconstruction or impruve, m,-n[ to a structure or building started after the enactm¢-.,t ,,f this chapter shall not enclose the space below the lowc:;t floor unless breakaway walls are used as provided hc,-ein. (b) Breakaway Walls shall be allowed below the base flood (c) elevation provided that they are not a part of the structural support of the building and are designed so as to breakaway under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. If breakaway walls ar e. utilized such enclosed space shall not be used for human habitation. (d) Prior to construction, plans for any structure that will have hreakaway walls must be submitted to and approved by the Building Inspector. C. Sand Dunes. There shall be no alteration of sand dunes which would increase potential flood damage. 46-20. A. Notice of Violation. Whenever the Building Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the pro- visions of this chapter, or not in compliance with a deve].opment permit issued pursuant to this chapter, he may notify the o%%-ner of the property, . or the owner's agent or the person performing such operations, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. -18- ~ 46-8. Compliance. ' ' flverted or altered without full compliance with the terms of this chapter and °ther~ licable regulations. ' § 46-9 Conflicts. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other laws, easements, covenants, or deed restrictions conflict or overlap, whichever im- poses the more stringent restrictions shall prevail. § 46-10. Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements. B. Liberally construed in favor of the governing body. C. Deemed neither to limit nor repeal any other powers granted under state' statutes. § 46-11. Warning and Disclaimer of liability~ The degree of Flood protection required by this chapter is considered reason- able for regulatory purposes and is based on scientific and engineering considerations, Large floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas Will be free 'from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. -8- 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 APPEAI~,~ TOWN OF SOUTHOLD~/N.Y: ' (~ame of Applicant) U ' (Address) oF TH . BUI ,DING INSPECTOR DATED IOH STATES: (Street and Hamlet) ~ ~P DxS~RxC~ ~000, S~S~xO~ /// , ~noc~ O /, nOT N~E OF SUBDIVISION AND LOT NO. (if applicable): .~-~< ~ FLOOD INSU~NCE ~TE ~P DESIGNATION: ~ y (~ ~,) 2. PROVISIONS OF THE FLOOD D~GE PREVENTION LAW APPEALED: Indicate ~he Section, Subsection and Paragraph of the Law by n~ber) 3. THE TYPE OF APPEAL IS: ( L~'~ 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 the31ood D. amage. Preve~- t \ tionLaw (Specify): ,~.~3~ ~}~;c~ /~ ~'~'kC."~,--¥"-d~,'~S"/~'~~, 4. PREVIOUS APPEAL: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, (has) ~as ~ 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) C O O O IIII 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: /,~/ ...% ,~ r.~ c_ ~%6 ,¢' 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) ~' (Sign~' " Sworn to before me this day of , 19 . ~Notary Public) ' *' ~ F~IZAI3FFH ANN NEVILLE ( tIIIO~AI~Y PUBLIC, State of New i~O, ~2-8125850, Suffolk Coup.)... ~ ~ Expirel Mar~h 30, 19.C~:~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~e) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief ~ought by the under- signed are ~cle ~~ ..- 6. That within ~ive days from the date~reof, ~ ~ritten Petition reqn~ the relief specified above ~ill be filed in ~he Southold Town Clerk% Office at Main Road, Southold, New York and you may then and there examine the same durin8 resular office hours. (5Z6) 765-Z809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by tl~e Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear andbe heard at such hearing. Dated: , / - 7,7 ¢-- 7 NAME PROOF OF MAILING OF NOTIC. E ATTACH CERTIFIED MAIL RECEIPTS ADDRESS LU~ LU~ 9L6I ']dy '008£ tu.~oA Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:  7~_ ~' ~.-j' =~ ~ , being dUly sworn, deposes and says tl~at on the ~ 2~i~-day of /~//~/~-( ,19 ' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof;dire~cted to each of the above-named persons at the addresses set opposite thmr,respectlve names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~/~nt roi! or, he) T~l~f. Sqthold; that said Notices were mailed at the United States Post Of- fice at ~-~~ ; that said Notices were mailed to each of said persons by (certified)F~'e~istered) mail. Sworn X4rbef~e. this /-,.~- " day o~/~/,.-/~ ,.3,9 ~ (~ Notary Pub-~c v / ELIZABETH ANN NEVlU.E NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk Cou...~.4~ Term Expires March 30, 19.. Legal ~otice of ~{earings flor Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. John Gada~General Contracting, agent for Isabel DuBois Mr. Robert W. Melson Ms. Marjorie S. Dunaway Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway Mr. & Mrs. Robert A. Herreros Mr. & Mrs. Yi!liam Rusch William S. Midgley, Jr., as agmnt for Mr. Wilbur A. Baldwin M~. Wilbur A. Baldwin Philip J. O£rias, Jr., Esq. as attor~.ey for Richard & Joan Z~isler Rudolph H. Bruer, Esq. as attorney fOr Thomas J. 'De Borger ~. & Mrs. William Killian Mr. All~n C. Dickerson Abigail A. Wickhs~ as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. Wickh~ as attorney for !?m. & Helen Robison~ Glenn F. Heidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances M. Frisbie Appeal files ZBA members Town Board members Supervisor Pell Copy to Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-Watchman, Tuesday, October 27, 1981 with instructions Il&ill II II [1~11 II I IIIIII1 0 K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 13, 1981 TELEPHONE (516) 765-1801 To' Southbld Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is F199d Plain A~Deal No. 9 applicationof Peter R. Stoutenburgh a/cL~Frank Curran & W£,. for a variance. Also included is notification: to adjacent property owners, notice of disapproval from the Building Department and survey of the property. Judith T. 'T~ry~ Town Clerk JTT/bn Enclosures -- Upon inVestigation and personal inspection of t-he premises the Board finds as follows: -..' - The lot in.question has approximately ~ acreage; and.the plot plan submitted to the Board indicates that the area of the lot where the dwell- ing is to be constructed has an elevation of-YJ]~r feet above mean .sea level. T-h.e ~pp~* p,"~pu~e~ Lo cofJs~ru~L a b~ --~ ........ .... - ~ .... - . The Flood Insurance Rate Map_(FtRM) indicates that the property is located in a Zone ~y~ with.an elevation'of 8 'feet The Board finds there are several homes contiguous to and in the neighbor- .hood of the lot in question. The dwellings constructed on these lots are'. on lots of a similar size and the dwellings'constructed thereon are con- structed'below the base flood level. ~he Board therefore finds tha.t the lot in qfiestion meets the standards se[ forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and surrounded by lots with existing structures-con.stmucted 'below the base. flood, level.~ In passing upon this application, the Board has-cons.idered. -all t-ech-' nical evaluations; all relevant factors; all standards-specified in the Code; and all of the applicable factors contained'in'Section 46-15B, sub- divisions (1) to (ll), 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 nuisances, or cause fraud, or victimize the 'public, or conflict with existing local laws or rules or regulatiohs. On' motion by Mr. Grigonis, seconded by Mr. Goehringer, it was ~ RESOLVED, that ~:.o~]_~,~ H'~e~, st~t21-e~-, applicants herein, be and hereby are granted a variance from the provisions of the Flood Damage Prevention Law of the Town' 6f Southold to construct a one-family pr'iva'te dwelling~9~q premises locate'~ on the ~.,+~ s ~ b~ed north by Wiggins Lane; south by Fordham Canal; west by Prato; ea~ Peconic Holding Co.; County Tax Map Item No. 1000-35-4.-21; with t~e fi~ed basement floor to be elevated 4.0 feet above mean sea level, SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That the basement be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) .That the floodproofing requirements be certified by a registered professional engineer or architect as meeting the standards.set forth in the preceding paragraph hereof; (3) .That such certification be filed with the Building Inspectpr and with :the Board.of Zoning Appeals of the Town of Southold~~ (4) That prior to the commencement of construction, the applicant apply for and obtain a development permit from the Town.Building Inspector, pursuant to the provisions of the Flood Damage PreventiOn'Law. AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the stnucture for which this variance is granted will be permitted to be built with the ~ lowest floor elevation below the base flood elevatiOn 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 RESOLVED, 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: Messrs. Grigonis, Goehringer and Sawicki. bsent were: Messrs. Doyen and Douglass. " APPROVED Chairman Bqafd of Appe,a? f 25 24 ', V $COle I" : lO0' 4.3A(c) '7 309° %4 (3,3) 6 I.&4(c) ~ t9 g tt G 7 8 9 ~0 14091 ~ ~ ~),,-~' _ j;Z3. ~'~ ".W~x~'~-~'. 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