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HomeMy WebLinkAboutFL-8./ Appeal No. FL-8 by application Dated October 9, 1981 ACTION OF TP]E ZOIqTNG BOARD OF APPEALS OF TItE TOW/~ OF SOUTItOLD To Mr. Glenn F. Heidtmann as agent Cox Lane Cutchogue, NY 11935 DATE1.2Z1.6. Z.~I Appellant at a meeting of the Zordng Board of Appeals on November 5, 1981 was considered and the action indicated below v~as tsken on your ( ) Reques~ for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance Cf) Request for Variance to the Flood Damage Prevention Chapter 46, Section 46-19B Law, the appeal L St~J~~~9~~l~kYaX~~~X~X~tion ( ) be ~an~d ( ) be deuled pursua~ to ~Hcla .................... Sect~n .................... Subse~ion .................... para~aph .................... ~ the Zoning Ordinan~ ~d the d~lan ~ the BulMing I~peeinr ( ) be reversed ( ) be c~x~awasw~ Application of Ronald Roberts, by Glenn F. Heidtmann, Cox Lane, Cutchogue, NY for a Varz- ance to the Flood D~age Prevention Law, Section 46-19B for pe~isszon to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimm elevation above mean sea level. Location of Property: South side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel 1000-90-2-10. (SEE ATTACHED SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appticatlan of the Ordinance (would) (would not) produce hardship because (SEE ATTACHED SHEETS) practical difficulties or unnecessary (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 ATTACHED SHEETS) (c) The variance (does) (does no/) observe the spirii of the Ordinance and (would) change the character of the district because (would not) (SEE ATTACHED SHEETS) CG:lk DATE/a___~ HOUR II;I~. zo ~NG BOA~RD OF APPEALS ..... ) be denied and Page 2 - Southold Town Board of Appeals Decision Rendered November 5, 1981 Appeal No. FL-8 - Ronald Roberts The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a new one-family dwelling in this V-4 Zone as shown on The Flood Insurance Rate Maps (FIRM). Applicant was denied a building permit for the reason that slab foundations are not permitted in any V-Flood Zone, and the foundations are required to be open. The finished first floor is to be 9.1 feet above mean sea level and the flood law of the Town of Southold requires a minimum of eight feet. Rather than constructing the new dwelling on pilings or columns as required by the Flood Law, applicant proposes slab construction with footings approximately 6% feet'above mean sea level. Upon inspecting the property and viewing the general neighborhood, the Board found that a majority of the homes were constructed with first floor elevations at or below that proposed by applicant, and the lots are of a similar size. The Board therefore 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 surrounded 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. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in this Appeal (#FL-8) be and hereby is granted from the provisions of the Flood Damage Pre- vention Law of the Town of Southold to construct a one-family private dwelling on premises located at the south side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map 90, Lot 151; County Tax Map Parcel 1000-90-2-10, with the footings of the proposed slab foundation approximately 6½ feet above mean sea level, SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That prior to commencement of construction, the appli- cant 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), no utilities and no crawl space below the eight-foot minimum eleva- tion above mean sea level; (3) That this project is subject to approval by the N.Y.S. Department of Environmental Conservation pursuant to Article 25 of the Environmental Conservation Law and Tidal Wetlands Land Use Regulations 6NYCRR, Part 661; and (4) That applicant obtain approval from the Suffolk County Department of Health Services; ~age 3 - Southold Town Board of Appeals Decision Rendered November 5, 1981 Appeal No. FL-8 - Ronald Roberts AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Sec- tion 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 trahsmit copies of this determination to the applicant and to the Town Build- ing Inspector. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED thais'man Board 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, $outhold, 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 t6r 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. Dunawa¥, by James V. Righter, 58 Win%er 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. Williamson; south by Private Road; west by Bagley; Map Parcel Item No. 1000-3-1-3. Sound; east by County Tax 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 Notic Board of Appeals Regular Meeting of November 5~ 1981 Property: 3000 Delmar Drive, Laurels NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No~ 1000-125-4-13o 7:35 p.m. Application of Willia~ A. Rusch, 50550 Main Road~ Southold, NY for a Variance to the Zoning 0rdinance~ Article I!I~ Section t09-32B for permission to construct raised deck on pool with an insufficient sideyard setback at 50550 Main Roads 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 Noo 1000-70-2-13~ 7:45 p.m. Application of Wilbur Ao Baldwin~ by William S. Midgleyt 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 aream 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; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax ~ap Parcel Item No..1000-113-4-9. 8:05 p.m. Application of Thomas J. DeBorger~ 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- mlssion to construct new dwelling with insufficient front and sids yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North bounded north by L.I. Sound; west by Bloom~ by McMann; County Tax Map Parcel Item No. Road, Southold, NY; south by CoR. 48; east 1000-44-2-15. ~Page 3 - Legal N~ ~ce Board of Appeals ~egular Meeting of Novem er 5, 1981 8:20 p.m. Application of William and Mgrgaret Kil!ian, 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 100-118D 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; North Fork ham Avenue; bounded north by Case; west by Winiarz Estate and Liquor Corp.; south by State Route 25; east by Wick- 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 06Sll, 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, NYo 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 Aquavlew ~venue; 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 Page 4 Legal No -ce Board of Appeals Regular Meeting of November 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 pe_rmlssion to construct new dwell- ing with an insufficient frontyard setbackm 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 15o 9:00 p.m. Application of Ronald Roberts, by Glenn Fo 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. Property: South side of Cedar Point Drive East, Cedar Beach Park Subdivision Map No. 90, Lot 151; Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Location of Southold~ NY; County Tax Application of Frank Curran~ by Peter Re Stouten- burgh, 3075 Indian Neck Lane, Peconic~ NY for a Variance to the Zoning Ordinance, Article III, Section 1G0-32 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. 3age 5 - Legal N~ ce (Instructions) ~Board of Appeals Regular Meeting of November ~5, 1981 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Varian6e 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 mlnimum 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 Ma~ Parcel Item NOo 1000-111-1-16. 9:30 p.m. Application of Frances N. Fri~bie, 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, Southctd, 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 Locaiion of Property ................ .~..h-.~..~..~..ff...~.. ?...Z3..~./.V'.~f. ~:~.... Hou~ No, St~et Hamlet County Tax ~ap No. ] 000 Section ....... ~.~... ~]oc~ ........ ~... lot .... ~ .~ ....... Subdivision (~4~..~. ~ Map No ...... ~0 ........ ~t No ..... (~ .~ ....... i~ ret~ed herewith and disapproved'on ~e fonowing grounds.. ~Vfl~...~( . f..~.., g~V.~t.., re'q~?F....q~L~... ~5~.~ ~.. .... ,A/ ~/~/3W 7'o/Art z~/Y£ oo ~5 A- Building Inspector E/q~T /NL~7- cbT~w~, APPEAL TO TEE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, TOWN OF_SOUTHOLD, N.Y: \~ ~. ~c~ (Name of Applicant) (Address) HEREBY APPEAL FROM THE WHICH DECISION STATES: DECISION (St~eet and Hamle~ ~TAX MAP DISTRICT 1000, SECTION NAME OF SUBDIVISION AND LOT NO.(if applicable) :C~L~ FLOOD INSU NCE MAP DESIGNATION: PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate the Section~ Subsect~ion and P~ragraph 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 Building Inspector, or with respect to this property, (ha~' (has not) the been: made. Such previous appeal was: ( ) a request for an interpreta- tions; (b) a request for a variance; ( ) other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: \%. CContinued 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 nuisancesr or conflict with existing laws or rules and regulations for the following reasons: S~ATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this ~/~/~ day of P~blic)- ss ~ , ~ ( Signature; , 19 ~. LeEal ~otice of Hearlnos for 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 ¥. I~elson Ms. Marjorie S. Dunaway Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway Mr. & Mrs. Robert A. Herreros M~. & Mrs. ~filliam Rusch William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin M~. Wilbur A. Baldwin Philip J. 0frias, Jr., Esq. as a-~torney for Richard & Joan Z~isler Rudolph H. Bruer, Esq. as attorney for Thomas J. De Borger P~. & Mrs. William Kil!ian Mr. Allan C. Dickerson Abigail A. Wickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. !~ickh~ as attorney for Wm. & Helen Robison' Glenn F. Heidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances N. Frisbie Appeal files ZBA members To~n Board members Supervisor Pell Copy to Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-~?atc~nan, Tuesday, October ~?, 1981 with instructions old wn o ea MAIN ROAD- BTATE ROAD 25 S0UTHOLD, L.I.. N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKi December 17, 1981 Mr. Glenn F. Heidtmann Cox Lane Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal was approved, please be~sure to return to the Building Department for approval of a~y new construction or certificate of occupancy or use of the premises, as may be applicable in your case. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN By lk Enclosure Secretary Today' s Date: Piembers Absent~ if any: - THURSDAY, NOVEMBER 5, 1981 Appeal No. FL-8 , Agenda Item/~XIatter of: ' ' "-~ T.vpe of Variance or Appeal: Variance to F10o~l Law; lo~fest floor below 8'. V-Flood Zone on FIRM Map : ----~ GCrharles ~.erqe ..Robert' '.~ Gerard Joseph. ~gon~s uofen ]3ougiass ~oenrm~er ba%v'lCK! Sesol'ution made by: (~) ' ( ) ( ) ( ) ( ) Seconded by: ( ) ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) A ction: ( ) ( ) ' ( ) ' ( ~Approve with the followin~onditio~s: / . ( ) Subiect toCountv Planninq referral[not appl: {/( )._ ub'iect to la nin Board'a roval ~(~( [.,~u, biect to D.g.c."re~latigns ( ) Other: Findings of the Board are as follows: Otb(! Not %~;ithin the Character of the Neighborhood ) Gra~]ting the Relief Requested is with Variance is Substantial in Relation to Code spirit of the zonin~ code Not .in. ha~?_~ny ?{ith purposes of the Ccde ( ) Relief is not substential Hardship not sufiicient ( ) Burden of hardship or difficulty s'ho~ Circumstances are. Not Unique ~ ( ) Circumstances are unique 1~;ill set a precedent in the neighborhood ( ) Variance will not change character ~ Area is already very congested the neighborhood Interests of justice served by denying ( ) ( ) Vote Interests of Justice served by granti Othe= for Special Exceptions Of the Board: Ayes: ( ~CG ~ ( )/'~D (/'~GG ~)JS Way: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) Notes: Usual Flood Law Variances Requirements When Allowing: (1) ~hat the basement be flo?d.~r~oof~d so th~% below the base flood level ~t~e structure is watert~t wi~h walls/substantially imper- meable~ t~the passage of/~er; ~ / (2) Th~t~e floodp~ing requiremen~ ~e certified by a registered' professional~ngiD~e~r or registered professional architect as meeting the st?ndard~forth in the precedin~aragraph hereof; (3) That~d~h certification be file~with~the Offices of the Building Inspecto/r/_and the Boa~d~of Zoning A~eals o~ the Town of Southold prior~ the completion ~f the proposed structure and as early as poss~le; (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 0() no habitable (living) area~elow the ~ -foot That there shall be minimum elevation 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: Usual Flood Law Variances Requirements When Allowing: (1) That the basement be flood~r~oof~d so th~% below the base flood level ~\t~e structure is wate~t wi~h walls/substantially imper- meable~ t~the passage o~er; ~ / · 2 ' ~ ( ) That Re floodp~ing requlremen~ ~e certified by a registered professio_nal_~ngi~r or registered pro~ssional architect as meeting the st_andard~forth in the precedi~aragraph hereof; (3) That~dc_h _cer~ication be file~with~the Offices of the Building Inspec~o/r/.and the Boa~d~of Zoning Appeals o~ the Town of Southold prio.r~ the completion~f the proposed structure and as early as _ possible; ~ (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; · ~ ~ 0 (~) That there shall be no habitable (living) area~elow the ~ -foot minimum elevation 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: Today's Date: i~,Iembers Absent,' if any: . THURSDAY, NOVEMBER 5, 1981 Appeal No. FL-8 , Agenda Item/bIatter of: ~O-~tAt-n ~-~ fBv Glen' ~idtmann) T.vpe of Variance or Appeal: Varia'nce to F10o~ Law; lowest floor below 8'~ · V-Flood Zone on FIRM Map GCharles rlgonls Resol'ution made by: ( Seconded by: ( ) ( ) Approve as applied for ( ) Den}, as applied for ( ) Deny' ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) Action: ~er~e .~Robert' '.. Gerard Joseph. o~en ]3ougiass ~oenrmger ~awlcKl ( ) ( ) ( ) . ( ) ( ) ( ) ( ) ( prove with the following conditions: ubiect to County Plannin~ referral (not app] ~/ ( ) ~ubiect to Planning Board aD reval - ~(~'-- ~s~ct to~.~.c. ~e~u,~o.% ( ) Ot~=: Findings of the Board are as follows: Otb Not kv'ithin the Character of the Neighborhood ( ) Granting the Relief Requested is wit: Variance is Substantial in Relation to Code spirit of the zoning code Not .in~ h~.Ao, ny yfith purposes of the Cede ( ) Relief is not substantial Hardship not sufiicient '( ) Burden of hardship or difficulty she Circumstances are. Not Unique ' ( ) Circumstances are unique %%rill set a preoedent 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 . ( ) Othe~; for Special ExcePtions Vote (-")--GO /) JS () () () () () () O£ the Board: Ayes: ( ~ ~ ( )~D 'Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) 1~.'.'7 YORK S~RTE D~APff~Y~ OF EtArIROI~P~SL COI~SEyiVATI(~',~ Pegulatory Affair~ Bldg. 40, S'~ - Room 219 Stony Brook, l;e~ York 11794 (516) 751-7990 C~,w~ ssianer YOUr recent rec~/e~t to ext.4 ~8 above permit b~s ~ r~ p~t ~ 6 ~'~ P~t 6~1~ It h~s b~ de~n~. ~at ~ ~t ~t~ of ~ ~de ~n~ons wb~ ~st at ~d ~ja~t ~ si~ at ~ ~ ~at such ~it ~s issu~ ~ not subs~ly d~g~ ~d ~e si~ is s~l s~t~hle for ~t~d ac~es. ~efore~ ~le ~3ira~on ~te is ~nd~ ~ ~-~%~ '~;[ ~J ~S le~ ~ ~ ~n~t ~ ~e orig~ ~t, ~ as su~, s~d ~ at~c~ ~he~to. ~1 of the ~o~ still ~n ~ orjg~lly ~it~n ~ t~ ~t. Bo d of Appeals 11772 ~a,,=zl::~.~_ on lot 151, ~,~? of C~<!ar .~each Applicant shall be liable for any damage to adjacent watez~vay resultins any p.~se of the pern~tted construction. ' " 17. H~,ne is to be located 47' landward of line of mean high water. 18. Edge Of parcel fronting wate_r~ay is not to be disturbed. 115/79 J Bla/g. 40, Sb,~Ny, Stony Brook (1) Resample 14el1 Prtor To Ftnal ~proval I321 Ftle Declarat,on ,f raw ~¢ater Exceeds Star Install Necessary Filtration tn Order to t. Ortnktng tearer Standards AT "It si c:.Id ~ proPc. Uyt ~ Contect this /Vo 1~', Lo~ m.~rs ~t,'o~ Apppoved in accoPdance with dstermlnat!on dated COUNTY OF SUFFOLK STATE OF NEW YORK ; ehogue, lq.Y. for a Variance t~ ~ Law, Section 46-19B for per-. _dwellion in a V-4 Flood Zone ll-foot~ minimum elevation ,'above mean sea level. Location_- of Property: South side of - ~,fdar point Drive East. South- ~!d. N.Y.: Cedar Beach Park Subdivision Map No. 90~ Lot .tSl: Countv Tax Man Parcel - 9:10 p,m. Application of Frank Curran, by Peter R. Stoutenburgh, 3075 indian Neck Lane, Peconic, N.Y. for a E t~ vi fo be Bo Ro~ Th~ p.ra 7~ Isab Islar prov Tow Loca Road Choc nortl~ . ~. ~000'~)g$ 'P~elsl Work .uoO ,"peaH ~ ~ ~ ~soD ~ Fishe ~' '~g'I95 "u°3dmeH lse~ Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk Count; 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 ....... ..~.....c~. ...................... day ~ .......... ~ ..................... 19..~.~.. (~. Sworn to before me this ........ ..~... ................. day of ........... ~.. ..............., 19...~.k 9; bounded north by ~.L I ................ Notary ' nd; east by Williamson;: :h by Private Road; west by ' ~ley; County Tax Map] el Item Nod. 1000-3-1.3. t0 p.m. Application of! ,rt A. and Bettyann Her- ~, 3000 Delmar Drive, i , ~ Fl, N.Y. for a Variance to [ ...... ~ ~oning Ordinance, Article j ;ection 100-31 for permis- to construct addition to ing with an insufficient xV ,ard setback. Location of :rty: 3000 Delmar Drive, ~ ~ 1, N.Y:; Laurel Country ~'s Map No. 5486, Lot 37; Tax Map Parcel Item -125-4.13. .'m. Application of · Rusch, 50550 Main Southold, N.Y. for a ce to the Zoning Ordin- S, rticle Ill, Section 100. r permission to COn- lised deck on pool with lfficient sideyard set- t 50550 Main Road, d, N.Y.; bounded north Road, east by Baker, ,y Christian Science and Southold School CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 R~din; in Suffolk County Commission Expires March 30, SOU,, OLO. Town Ot Sou{hold Box 1522 Southold, N.Y. 11971 November 2, 1981 Board of Appeals Town Hall Southold, New York 11971 Gentlemen: I am President of the Cedar Beach Park Association com- posed of approximately fifty property owners in the area known as Cedar Beach along the roads and tributaries of Cedar Point Drive East and Cedar Point Drive West. Our comments concern the application of Ronald Roberts for a building permit on the south side of Cedar Point Drive East. It has never been the policy of our Association to oppose residential construction Just to maintain a selfish status quo, and that is no~ our policy now. We do, however, know by actual living experience that this area has an extremely fragile environment. It is, therefore, lmpera- ' tire that this building permit be examined not only from the point of view of flood damage, but from all established norms of health and environmental standa=ds. We look to the various Town Administrators to carefully evaluate the health implications of this application, and be sure to make prudent decisions to protect the living standards of the existing residents. Respectfully yours, RF:LC C.C. Town Council Board of Trustees D.E.C. CED~EACH PARK ASSOCIATION, Lee Conte, President INC. NOVEMBER 1, 1981 TO WHOM IT MAY CONCERN: I AM MRS. MARIO MUCCIOLO OF 5 CEDAR POINT DRIVE, SOUTHOLD N.Y. I HAVE BEEN INFORMED THAT A HOUSE IS BEING CONSTRUCTED NEXT DOOR EAST OF MY HOME. I WOULD LIKE TO ENLIGHTED YOU AS TO SOME OF THE PROBLEMS WITH THE WATER. THE BUILDER HAD TO SINK THREE (3) WELLS BEFORE ONE WAS MARGIN- ALLY ACCEPTABLE. THE REASON BEING THE HIGH CONTENT OF SALT AND NITRATES IN THE WATER. I AM A SUMMER RESIDENT NOW FOR THREE YEARS. THE WATER TABLE MUST HAVE CHANGED. THE SALT CONTENT IS TOO HIGH; THEREFORE FOR HEALTH REASONS MY PHYSICIAN HAS ADVISED ME NOT TO DRINK THE WATER. THE WELL WAS ALSO CONTAMINATED BY TEMIK (CHEMICAL USED TO KILL THE POTATOE BUG). I NOW HAVE TO BRING IN ALL MY WATER FOR COOKING AND DRINKING. I DON'T KNOW If THERE IS A SOLUTION TO THE PROBLEM. BESIDES BEING EXPENSIVE, I DON'T KNOW IF THERE IS ANY PLACE ON MY PROPERTY TO PUT A FOURTH WELL WHERE THE WATER WOULD BE MORE ACCEPTABLE. BECAUSE OF THE FRAGILE NATURE OF THE WATER I NOW FEEL THAT MY HOUSE SHOULD NOT HAVE BEEN BUILT THERE. YOURS TRULY, RIO MUCCIOLO Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L,I,, N,Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRtGONtS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARO P. GOEHRINGER October 20, 1981 Mr. Glenn F. Heidtmann & Son, Inc. P.O. Box 932 Cutchogue, NY 11935 Re: Appeal No. FL-8 Application of Ronald Roberts Location of Property: Cedar Beach Drive East, Southold Dear Mr. Heidtmann: This date our offices contacted the N.Y.S. Department of Environmental Conservation concerning your proposed project to construct a new dwelling at the above location. Mr. David DeRidder, Associate Environmental Analyst, informed our secretary that a Tidal Wetlands Permit #TW 15276-0291 (& 0296) was issued for the period January 1979 through December 1980 for the construction of a new dwelling which contained several restrictions. Mr. DeRidder will be sending us a copy of the expired permit; however, no construction should be commenced and you will need to renew the tidal wetlands permit. Please contact the N.Y.S. Department of Environmental Conservation office in Stony Brook at 751-7900, in order that you may apply to renew your permit. In the interim your appeal application to the Flood Damage Prevention Law of the Town of Southold is scheduled for Thursday, November 5, 1981, tentatively 9:00 p.m. to be held at the Southold Town Hall assembly room. Please keep us advised regarding developments with the D.E.C. CG:lk Yours very truly, CHARLES GRIG~NIS, JR. CHA I RMAN NEW YORK STATE DEPARTMEN~ OE ENVIRONME.NTAL CONSERVATION PERMIT ~15276-0291 UNDER THE ENVIRON.~tENTAL CONSERVAIION LAW ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERA41T ISSUED TO V~to Banda~O~ P~. of ~zzo ~i~k~. C),~ 127 Swa~ Lake Drive, Patchogue, NY 11772 LOCATION OF PROJECT (Seclion of slream, tidal wetland, dam, building) south side Cedar Point Drive DESCRIPTION OF PROJECT Construction of a one-family dwelling on lot 151, Map of Ce~ Beach Park, COMMUNITY NAME (City, Town, Village) TOWN East Ba~vview Southold COUNTY Suffolk FIA CO&tMUNITY NO. ] DAM NO. PERA41T EXPIRATION 12/31/80 DATE GENERAL 1. The permiUee shall file in the office of Ihe appropriate Regional Permit Administrator, a notice uf inlention to commence work at least 4,8 hours in advance of the time of commencement and shall also notify him promptly in wriling of the completion of the work. 2. The permitled work shall be subject to inspection by an authorized representative of the Departmenl of Environmenlal Conservation who may Order the work suspended if the public interes~ so requires. 3. AS a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, Ihe full legal respon- sibilRy for all damages, direct or indirect, of whatever nature, a~ by whom- ever s.ffered, arising out of the project described herein and has agreed lo indemnify and save harmless the Stale f~om suits, actions, damages and cosls of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work I)erein permitted shall be removed evenly, without leaving large refuse piles, ridges across Ihe bed'of lhe walerway or flood plain or deep holes that may have a lendency to cause injury to navigable channels or to the banks of the waterway. 5. Any malerial to be deposiled or dumped under this permil, eilher m the waterway or on shore above high-water mark, shall be deposiled or dumped al the locality shown on the drawing hereto attached, and, if so prescribed thereon, wilhin or behind a Rood and subslantial bulkhead or bulkheads, such as will prevent escape of the material into the walerway. 6. There shall be no unreasonable interference with navigalion by the work herein authorized. 7. lhat if luture operations by the Slate of New York require an alleralion in Ihe posilion of Ihe structure or work herein authorized, o~ if, in Ihe opimon Ihe health, safety or welfare of the people of lhe Slate, or loss or destruction ol lhe nalura[ resources of the State, the owner may be ordered by the Depart- of this permil, the structure, fill, excavation, or other modification of Ihe walercourse hereby authorized shall not be completed, the owners shall, any portion of the uncompleted structure or fill and restore Io its former condilion the navigable and flood capacity of Ihe watercourse. No claim shall alteralion. 95-20~ (9/75) CC: L~w ]~orc~t (SEE REVERSE SIDE) ~ ~o~s CONDITIONS g. That the State of New York shall in no case be Hable for any dama~ or injury to the structure or work herein authorized which may be caused by ~ resull from future operations undertaken by the State for the conservation, 9. That if the display of lighls and signals on any work hereby aulhoriz is not otherwise provided for by law, such hgh~s and signals as may be p~ scribed by the United States Coast Guard shah be installed and maintain, 10. All work camed out under this permit shall be performed in acc~. dance with established engineering practice and in a workmanhke manner. 11. If granted under Articles 24 or 25, the Department reserves the r,~ cunlinue, rescind or modify this permit in such a manner as may be found ' modification of the wetland hereby authorized has not been completed, I~ site to its former condition. NO claim shall be made against the State of N, 12. This permit shall not be conslrued as conveying to the applican~ a, right 1o trespass upon the lands or inlerfere with lhe riparian rights of otb,' provats, lands, easements and righls-ol-way which may be required for Ih, project. 14. If granted under Article 36, this permit is granted solely on the ba~ of the requirernenls of Article 36 of Ihe Environmenla[ Conservation Law a, Part 500 ol 6 NYCRR (Construction in Flood Plain Areas having Special Fire Flazards - Building Permits) and in no way signifies that the project will L free from flooding. Boarfl of Appeals Town ut $omold CIAL CONDITIONS PERMIT ISSUE DATE l/5/79 . 16. Applicant shall be liable for any damage to adjacent waterwgy resulting frcm any phase of the permitted construction. 17. H~ne is to be located 47' landward of line of mean high water. 18. Edge of parcel fronting waterway is not to be disturbed. PERMIT ADMINISTRATOR DANTHT, J. LARKIN /'?. Bldg. 40, SUNY, Stony Brook To~rN OF SOUTHOLD, NE]¥ YORK ACTION OF THE ZON'I. NC. ]~OAR, D OF APPEALS Appeal No. 2529 Dated March 16, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Ronald H. Roberts c/o First Towne Realty Southold, New York 11971 Appellant at a meeting of the Zoning Board of Appeals on April 12, 1979 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 Zoning Ordinance (~) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Board it was d~erm~ed ~ a special exception ( ) be granted ( ) be denied pursuant to Artic~ .................... SeXton .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the dec,ion of the BuiM~g Inspector ( ) be reversed ( ) be co~irmed b~ause 8:15 P.M. (E.S.T.) Upon application of Ronald H. Roberts, c/o First Towne Realty, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to reduce front yard setback. Location of property: Lot No. 151, Cedar Beach Park, Southold, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (~s 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 REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denled and SEE REVERSE FORM ZB4 ,~ ~ ZONING BOARD OF APPEALS Chairm: After investigation and inspection the Board finds that the applicant requests permission to reduce his front yard setback from 50 feet to 28 feet. The Board can appreciate the difficulty created by the requirement of the DEC that the house be set back 47 feet from the inlet. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use dis- tricts; and the variance will nog change the character of the neighborhood and.will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Ronald H. Roberts, c/o First Towne Realty, Southold, New York, be GRANTED permission to reduce his front yard setback to 28 feet. Location of property: Lot No. 151, Cedar Beach Park, Southold, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. Legal Notices LEGAL NOTICE NOTICE IS HEREB~ GIVEN, pursuant to Section 267 of the Town L~w 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 Seafbold Town Board of Appeals at the South- old Town Hall, Main Rood, Soutbold, 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 Rood, Fish- ers Island, NY; Checomount 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 Item 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 2~0-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 Rood; 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, 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; Co~ty Tax Map Parcel Item No. 1000-3-1-3. 7:30 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 permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of 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. Rnsch, 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, Scuthold, NY; bounded norIh by Main Rood, 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. Baldwin, 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 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 Londing Subdivision Lot No. 9, Subdivision Map No. _5280; County Tax Mao Parcel Item No. 1000.113.4-9.' 8:05 p.m. Application of Thomas J. DeBorger, by Ru- dolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article IIL 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, Scuthold, 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. 3:20 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, SccIio0 100-1lSD for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Rood off Mill Road, Matti- tuck; 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. Diekersoo, 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 Rood 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 ~-aJ~A and 100-31, Bulk Schedule, for approval of insufficient width of one par- cei in a proposed two-lot divi- sion, 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 Pc- quash Avenue, Cutcbogue, 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 Robisoo, 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- sire Way, Mattituck; Salt Aire Estate:/ Filed Map No. 4682, Lots 17 ami 10; County Tax Map Parcels No. 10/}0-100-1-14 and 15. eg:00 p.m. Application of onald Roberts, by Glenn F. eidtmaun, Cox Lane, Cut- ogue, NY for a Variance to he Flood Damage Prevention aw, Section 46-19B for per- ission to construct new welling in a V-4 Flood Zone ith base floor below the 1-foot minimum elevation bove mean sea level. Loca- ion of Property: South side of dar Point Drive East, outhold, NY; Cedar Beach ark Subdivision Map No. 90, oI 151; County Tax Map arcel 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 Item No. 1000-111-1-16. 9:15 p.m. Application of Frank Curran, by Peter R. Stootenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-i7, 4~18, 46-19, for permission to construct im- provements exceeding 50~ of the market value of existing structure, with base floor be- low the 0.foot minimum eleva- tion above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutehogue, NY; Peconie Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 2~ 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, Cutchogue, 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 four4oot height re- quirement 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 1TO29-3800 JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS SUFFOLK COUNTY Southold, L. 1., N. Y. 11971 TELEPHONI-i (516) 765 1801 October 9, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Flood Plain Appeal No. 8 application of Glenn G.Heidtmann a/c Ronald Roberts for a variance. Also included is Notice of Disapproval from the Building Department and survey of the property. JTT/bn Town Clerk $,10,,~ EHVIRUHHhNIAL Abbbbbl~ul~l .~ '~NST~UCT~ONS: I · :~ ~T~T~in' order to answer the questions in short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that oddiiionoi studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be $ionlficont and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is poi significant. -. (d) Environmental Assessment '' ~. Will project result in o large physical change to %he project site or physically alter more than lO acres of land? ..................... Yes v/No 2. ~./ill there be o major chon§e to any unique or -unusual land form found on the sit~? ....... Yes v No 3. ~'till project alter or hove a large' effect on . existing body of water? .................... Yes. w No 4.. ~lill project have o potentially large impact , on groundwater quality? .................... Yes ~' No 5. ~'lill project significantly effect drainage · ~N ' flow on adjacent sites? ...................... Yes v o ' ~. ~'/ill project affect any threatened or endangered plant or on~mal species? ........ Yes v No 7. ~'lill project result in o major adverse effect on air quality? .............. - ...... i ........ . Yes ~No 8. )'/ill project have a major effect on'visual character of the cornmuni%y or scenic views or vistas known to:be imporlont to the community? Yes ¥~No 9. ~'lill project adversely impact any site or .- structure off hlsio~ic~ prehistoric or paleontological impoFtonce or any site designated as a critical environmental area by a local agency? ............ -.:.....-~-.v...-.v.~..v. Yes v No 10. ~'/ill project hove o major effect on existing v/No or future recreational opportunities? ......... Yes 11. Will project result in.major traffic problems '' ~ o~ cause o major effect to existing transportation systems? ....................... Yes 12. %Vill project :regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os o result of the project's Yes ~No' operation? ......... ' ...................... 13. Will Project have any impact on public figgi~ -- or.safety? .................................... 14, Will p~oject affect the exlsting community by directly causing o growlh in permanent population o~ more thom 5 percept over o one year period or hove o major negative effect on the character of the community or neighborhood? .................................. Yes ~ No 15 Is there public controversy concerning the . · /No project? ...................................... Yes v REPRESENTINC_ -~r ., ~ ~ (Today' s' Dat~) To: Re: Southold Town Board of Appeals Nain 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 in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the wgter-lying edge of this property is a bulkhead in very good condition and at leas~ 100 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 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 i~ a bulkhead less than 100 feet in length. Nay 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 tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y: (Name of Applicant) (Address) HEREBY APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR DATED \C~ f?% ~!, WHICH DECISION STATES: (StriCtest and Hamlet) TAX MAP DISTRICT 1000, SECTION q ~(~, , BLOCK ~ , LOT ~(~, NAME OF SUBDIVISION AND LOT NO. (if applicable):~[~?~-~ ~c~C~C¥\'[~[\~ FLOOD INSURANCE RATE MAP DESIGNATION: %.] ~ ~ ~, ~ ~%~ PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate the Section, Subsection and Paragraph of the Law by number) 3. THE TYPE OF APPEAL IS: ~ 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: the Building Inspector, or with respect been made. Such previous appeal was: ( ) tion; (b) a request for a variance; ( ) A previous appeal with respect to this Decision of to this property,~(has~ (has not) a request for an interpreta- other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: (Continued on Reverse Side) REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of requested for the following reasons: the relief 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) COUNTY OF SUFFOLK) Sworn to before me__this ~/~ day of - ~otar~ P~bI-lc) r j -- (Signature) Application Received Disapproval Issued Permit FORM NO. 10 APPLICATION FOR DEVELOPMENT PERMIT In the Town of Southold Type of Development Proposed: Addition and/or Alteration[] Other (specify) New Structure (including storage tanks~ Flood Proof Below Base Flood ElevationS, ElevatiOn Data in relation t? above mean sea level of: (a) Lowest floor elevation, zncluding basement q ~eet _~inches (b) In a V Zone, bottom of lowest structural me~be'r ~ f~-~_ inch Location of Property: County Tax I4ap No., District, 1000, Section Subdivision ~-- Pe?ission to be ranted: [iq%net as abovel }--_jUnder Contraot]--] Lesseel IC°ntract°r 0%0 Block Filed Map # INew Owner Lot ( Lot( s)J~_~ DEC WETLANDS (Town Board) BUILDING PERMIT PLANNING BOARD · , ~-~- , -'_ , , the app!lcant~ ~ the Owner] J, Co- o~~~.~rLlb U~er Contract~, Lessee~, Agentj~i, Con- tractor~ and agree to comply with all applicable sections of the Cod~ of the Town of Southold; Co~ty, and State and to a~it authorized in- specters to premises authorized to perform or have performed the said work ~d to make and file this application, that all statements contain. ed in this application are true to the best of my knowledge and belief and that the work will be perfo~ed in the mannerset forth in the application filed therewith. Applicant's mailing address and phone # if not given above: h/80 GLENN F. HEIDTMANN & SON, INC. BUILDER FAIRHAVEN, JAMESPORT 11947 MAIL ADDRESS P. O. BOX E JAMESPORT, N. Y. 11947 ,,I F.F. cc,. q.8 J 2.3 A g6 29 6 TOWN OF $OUTHOLD 8 I.~ A(c) Q / / / / i? 1 I 14 ~'.OA (c) TOWN OF SOUTHOLD ,,% /3 ~0 1 I 16 17' DR. 18 iio' SEE SEC NO. 133 /cd-o- ~o - ,~ - !o (~ COUNTY Ol Real Property Tax County C Riverhead, L. I