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HomeMy WebLinkAboutFA-5 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZO~G BOAR~ OF APPEALS Appeal No. FA-5 Application Dated January 12, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Goldsmith Building & Construction, Inc. Mr. and Mrs. George Sweeney DATE --.4./.2.9./8.1 Appellant at a meeting of the Zoning Board of Appeals on March 28, 1981 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 ~ ) Request for variance to Flood Damage Prevention Law the appeal 1. ~X/2~e-~g`~l/.~N~/~F~a~r~KR~//sXF~g/~//Fn~XK~X~X~/F~qx~Il~i~n ( ) be granted ( ) be de~ed pursuant to Artic~ .................... Section .................... Subsection .................... paragraph .................... of the Zon~g Ordnance and the decision of the Building I~pector ( ) be reversed ( ) be confirmed b~au~ Public Hearing: March 12, 1981: Upon application of Goldsmith Building and Construction Inc. (for George Sweeney), Southold, NY for a Variance to the Flood Damage Prevention Law, Sections 46-5 and 46-7 for permission to construct substantially an addition and alterations to existing dwelling, known as 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong and others; County Tax Map Item No. 1000-104-7-11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE SIDE) d/fficulties or unnecessary (b) The hardship created (is) (is not) umque 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 SIDE) (c) The variance (does) (does not) observe the split of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 The Board finds and determines .as follows: The lot in question contains approximately 40,500 square feet in area, and has erected thereon a preexisting two-story frame dwelling on a concrete slab foundation, within the 8-foot elevation above mean sea level. The plot plan submitted to the Board indicates that the location where the dwelling is to be substantially improved has an elevation of the first floor at 7.5 feet above mean sea level. The Flood Insurance Rate Map (FIRM) as revised late 1980 indicates that the property is located in a Zone A-4 with an elevation requirement of 8 feet. 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 undue hardship to the applicants; (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. Goehringer, it was RESOLVED, that George Sweeney, applicant herein, be and hereby is granted a variance from the provisions of the Flood Damage Preven- tion Law of the Town of Southold to construct substantial improvements as applied for and subject to the following CONDITIONS: 1. Any new structures on this property must comply with all Southold Town zoning code regulations, N.Y.S. Department of Environ- menta% Conservation regulations if applicable, Flood Law regulations, etc. which shall also require compliance with the above in the event property owner anticipates constructing a basement or cellar; 2. No additional dwellings are permitted on the subject parcel. AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest first floor elevation below the base flood elevation at 7.5 feet above mean sea level, 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 applicant and to the Town Building Inspector. Location of property: 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong and others; County Tax Map Item No. 1000-104-7-11. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen (Fishers Island) RECEIVED AND FT' ~/~E SOU'i'HOLD TOVJN CLERK wn Cl~rk, Town o~r'~ou~ APPROVED / -- Chai~'man §oar~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Richard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. FORM NO. S TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .~d~ZPE~&~.~ .............................................. ............................ ~.~..~ ................. for permit to construct ~Zz~.~..~* the premises Iocoted ~ff.~.~.. ~' ~ .......................... Lot .......... returned herewith and disapproved on the {ollow;ng grounds .~ ...... ~/~....~ .~.,~.....~zZ~¢~ ~.....z..=...~/(,.~... ~<~¢.~ ....... ~,...../~.,.x~z~d .... t,.~¢. ....... ~2Z~....~/Z~ ....¢~Z ...... E~'.~.Z,.,,.~,.c= ....... z.¢ ................................ .~ ¢ F - I~OB,M NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................, 19 ........ Approved ........................................, 19 ........ Permit No ..................................... Disapproved o/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTR. UCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sate 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 streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diegrom which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shell be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, os herein described. The applicant agrees to comply with oil applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and ir~ buildings for necessary inspections. (Signature of applicant, or name, if o corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...... ......................................................................................................................................................... Name of owner of premises ....~..,~....?~........?~?....,~..5.. ....... ~..¢'. ~,4~.(_,~_='~ ........ .~.../~.K~'~,%.~'~Z ........................................... If applicant is a corporate, signature of duly authorized officer. ,J // (Name and title of corporate officer) Builder's License No. ~'~ Plumber's License No ................................................. Electrician's License No...~,~....~....~...~?.~. ...................... Other Trode's License No ............................................... 1. Location of land on which proposed work will be done. Map No.: ........................................ Lot No ......................... Street and Number ~/~~~.-.~...~..~Z~-~.`~A~.~/~/~.~.~`~-~7~. -~r..: ......... ,'"¢.4~0 £/ ~/C . ~unicipali~ ~ o. Exisiting use and ~cupancy ...... ~Z~.~~.....Z. ............................................................................. 3. Nature of work (check which licable): New Building'. ................. A n ............. Alteration ....'.7 .......... Repair .................. Removal .................. Demolitior ..................... Other Work ................................................... (Description) 4. Estimated Cost ....... .~..~4..~.~...~...~...~.....~... ..... Fee .../.~...~..:...~.........~. ................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ......... ,,J. ................ Number of dwelling units on each floor ../-- ....................... If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ..-,,-J~..~ ................. Rear ..... ~.'-~..: .................. Depth ...~...~. ......... Height ..../.~..~ ............ Number of Stories ..... /. .............................................. ;- ............................................. ;' .......... Dimensions of same structure with alterations or additions: Front ........ ~'..~. ..................... Rear ....... ~"~'. .............. Depth ......~,.~l..~. ................ Height ......,~..~..~. ............. Number of Stories ...2,~.. ......................... 8. Dimensions of entire new construction: Front ......... ~ ............... Rear ....... ~.~. ........ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size of lot: Front ............... /..~x?. .................................. Rear ........................................ Depth ~,~..~./: ....... /..(~...~...~... 10. Date of Purchase .~/:~.~',~'.~.r~.).,~c ............................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ...~.4~ ...................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .../~..z ............................................ 13. Will lot be regraded Will excess fill be removed from premises: ( ) Yes ( ) No ............................ 14. Name of ,Ov~,ner of premises/~.Z~'.~.~?,f~....-~.~.¢c...~'.~:W/AddressZ~lr~'t'~":)( ............. i Phone No?./..~.Z.~.~..Z..~..~..~... Name or Architect .............................................................. Address ............................... Phone No ....................... Name of Contractor~.',,z~,.~....~..¢~'~:.~-~,~----.~-,'~,. Address ~.~,xT./.~..Z,x)....T. ....... Phone No7.. ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW ?f'~)RK~/., .~ I S S ~t~,,~,,'2 (42 ~q7'"'~S - COUNTY OF ~--.....f ' , ...... ~~~/~..~..~.~.~ ............. being duly sworn, deposes and says that he is the applicanl (Name of individual signing contrac~ above named. ~/-- ~ ~ ~ -- ~d ~. ' ~Z ........ ~ L4~[ ............................................................................. He is the ...~ ....... ~ ~ ............. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set fo~h in the application filed therewith. ' ............................ NOTARY PUBLIO, ~ of N~ No. 5~8125850, Suffolk Term xoires March 30, ]9.~.~ Board of Appea~ Town of Sou~old tOO'= t" -~ -2. g ' oel APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T:',~,q Y TUTH',LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE {516) 765-1809 April 29, 1981 To: Goldsmith Building & Construction Inc. Mr. and Mrs. George Sweeney Re: A'ppeal No. FA-5 Dear Sir: Enclosed herewith is a copy of the filed decision of your recent appeal before the Board of Appeals for a variance or special exception. Please be sure to return to the Building Inspector for approval of the building permit and/or certificate of occupancy and that compliance has been met with all applicable conditions of your variance prior to the issuance of same when appropriate. If you have any questions, please do not hesitate to call. Yours very truly, CHARLES GRIGONIS, JR. ~WHIL, E YOU WERE AWAY) FOR ~a DATE TIME Q'"(~ ~) A.M~ 1 '~(/I PLEASE C~ALL 3-1 WILL CALL AGAIN CAME TO SEE YOU APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TC. RR',' TUT~ ',', LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 March 10, 1981 Mr. Alfred H. Goldsmith, President Goldsmith Building and Construction, Southold, NY 11971 Inc, Re: Appeal No. FA-5 Variance Application for George Sweeney Dear Mr. Goldsmith: After several consultations with the Town Engineer and the Town Attorney, the Board has been advised that Mr. VanTuyl's survey dated December 31, 1980 regarding the above-entitled matter does not show accurate elevations above mean sea level. Apparently, Mr. Van Tuyl used datum from the Suffolk County Department of Public Works aerial survey maps rather than placing reference markers pursuant to the National Geodetic Vertical Datum of 1929 and the requirements of the Flood Plain Management Laws. The Town Engineer has advised that the elevations shown in Mr. Van Tuyl's recent survey could be off by as much as two or more feet. Please provide us with three copies of a survey certified by a professional engineer and showing the true elevations above mean sea level of the first floor. Thank you for your cooperation and if you have any ques- tions, please feel free to call. Yours very truly, CG:lk cc: Mr. and Mrs. George Sweeney CHARLES GRIGONIS, JR. CHAIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMu~,N SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph Ho Sawicki March lO, 1981 Mr. Roderi'ck Van Tuyl, P.C. Front Street Greenport, NY 11944 Re: Certifications and Datum Base Flood Elevations Dear Mr. Van Tuyl: In the past it has been noted that the elevations by your office has been obtained through datum from the County Department of Public Works aerial survey maps. provided Suffolk The Board of Appeals cannot accept these certified eleva- tions inasmuch as they do not reflect accurate elevations above mean sea level as per information from the National Geodetic Vertical Datum of 1929, and theY may be off as much as two or more feet in certain areas per the Town Engineer. Your cooperation is requested.concerning this matter. Yours very truly, CG:lk cc: Buildin'g Department CHARLES GRIGONIS, JR. CHAIRMAN '41 ~, .0,,¢© ~ F I~ I~ A YAJ~O Tim C~. oar~ Ot ApPeals FEDERAL EMERGENCY MANAGEMENT AGENCY W~shington, D.C. 20472 0ri~. IFE (102) Atty. Community: kdg. Date- -- File _ CERTIFIED MAIL RETURN RECEIPT REQUESTED Town of Southold Suffolk County, New York 0~ ~D~]~ ~ New Suffix Code: B TBo° rnQo, Honorable William R. Pell, Town Administrator Town of Southold Town Hall Main Road Southold, New York 11971 III Revision: 360931 Dear Mr. Pell: The Flood Insurance Rate Map (FIRM) for your community has been revised to modify the zone designation of the flood having a one-percent chance of occurrence in any given year (base flood) for certain areas within the community. The flood hazard zone designation for the area between Kimogenen Point and Nassau Point adjacent to North Race and Cutchoque Harbor and the area between Cedar Point Beach and Fanning Point adjacent to So,,~hold j~y, Gardiner Bay and Pipes Cove has been changed from Zone V4 t_~.~ Also, the flood hazard zone designation for the area between Fanning Point and Cleaves Point adjacent to Greenport Harbor has been changed from Zone V5 to Zone A5. Finally, the flood hazard zone designation for the area between East Point and North Hill adjacent to Long Island Sound has been changed from Zone V8 to Zone AS. These decreases in the flood hazard zone designation for these portions of your community are being made after reviewing the data that was submitted by Mr. Lawrence Tuthill, the Town Engineer and amends the currently effective FIRM dated March 18, 1980. This modification has been made pursuant to Section 206 of the Flood Disaster Protection Act Of 1973 (P.L. 93-234) and is in accordance with the National Flood Insurance Act of 1968, as amended, (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90-448) 42 U.S.C. 4001-4128 and 44 CFR Part 65. ~.,~;~" Cop:,~s ~'~ T.C. ~ T.B. ~'"Atty. Adg. Date File CHANGES ARE MADE IN DETERMINATIONS OF THE TOWN OF SOUTHOLD, YORK, FLOOD INSURANCE ZONE DESIGNATIONS SUFFOLK COUNTY, NEW On March 18, 1980, the Federal Insurance Administrator identified Special Flood Hazard Areas in the Town of Southold, New York, through issuance of a Flood Insurance Hate Map. The Federal Insurance Administrator, Federal Emergency Management Agency, has determined that modification of the Flood Insurance Hate Map for certain locations in the Town of Southold is appropriate. This modification amends the FIA Flood Insurance Rate Map for the community. The changes are made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234), and are in accordance with the National Flood Insurance Act of 1968, as amended, (Title XIII of the Housing and Urban. Development Act of 1968, P.L. 90-448) 42 U.S.C. 4001-4128, and 44 CFR Part 65. The changes in zone designations are as follows: LOCATION Area between Kimogene~ Point and Nassau Point SOURCE OF FLOODING North Race and Cutchoque Harbor PREVIOUS FIA ZONES ! NEW FIA (AS ON MAP) ZONES V4 A4 Area between Cedar Point Beach and Fanning Point Southold Bay, Gardiners Bay and Pipes Cove V4 A4 Area between Fanning Greenport Harbor Point and Cleaves Point V5 Area between East Point and North Hill Long Island Sound V8 A5 A8 FEDERAL EMERGENCY MANAGEMENT AGENCY Washington. D.C. 20472 William R. Pell III Town of Southold Main Road Southold, New York 11971 30 1981 Dear Mr. Pell: This is in response to a request by Larry Tuthill of you)- community requesting information on obtaining a community exception to the National Flood Insurance Program regulations governing construction of residential basements in a special flood hazard area {zone Al-A30). The basis for granting an exception request is found at 44 CFR 60.6(b)(1) {formerly 24 CFR lglO.6). This section states that "Local conditions may render the application of certain (flood plain management) standards the cause for severe hardship and gross inequity for a particular community." Supportive scientific and technical evidence for this position must be documented by the community with respect to the impact on public safety and the environment. In order to consider your request for an exception to allow residential dry-floodproofed basements, the Federal Insurance Administration must have sufficient information to complete an Environmental Assessment of the request as required by Section 60.6(b}{2) of the National Flood Insurance Program regulations. The following information is needed, so that FIA may adequately assess your request for an exception: (A) The Community's past experience with residential floodproofed basements. {B) The projected number of residences likely to be built with floodproofed basements. (c) The special conditions in the community that make floodproofed basements practical and necessary, such as local construction practices or conditions of the local real estate market. (D) Characteristics of the community's environment: (1} Soil conditions, such as type of soil, resistance to erosion, and permea bi 1 i ty. {2) Topography. (3) Subsurface conditions, such as geologic ~aults or impermeable strata. · Co; :s_ ' F))e ___ -2- (4) Special problems, such as potential for mudslide, subsidence, or earthquake, or high water table. {5) Hydrologic and hydraulic conditions, such as type of flooding, velocity, rate of rise, warning time, average depth, amount and type of debris carried by floodwaters, vertical distance between lO0-year flood and 500-year flood, or extent of flood plain in community. (6} Unusual climatic conditions such as severe snowstorms, long winters, hurricanes or tornadoes, or extremes of temperature. In considering the request for a basement exception, FIA will consider the following factors in view of the information submitted by the community. FIA will consider whether: (A) Physical conditions within the community, such as those listed belows minimize the threat to public safety posed by the allowance of residential basements. (1) Soil conditions, topography, and hydrologic and hydraulic conditions make failure of improperly designed or constructed residential basements unlikely. {2) Hydrologic and hydraulic conditions allow sufficient time to warn home-owners of floods that may exceed the design flood. (B) Climatic conditions or other characteristics of the community make basements necessary. (C) The (D) The submittal shall include evidence of an adequate flood warning system. proposed community regulation includes the following provisions: (1) All new construction and substantial improvements of residential structures with basements with Zones Al-30, AO, and AH on the community's FIRM shall be designed so that the first floor is at least one foot above the base flood level. Any basement area, together with attendant utilities and sanitary facilities, below that level shall be designed so that the structure is watertight with walls that are impermeable to the passage of water without human intervention. Basement walls shall be built with the capability to resist hydrostatic and hydrodynamic loads and the effects of bouyancy resulting from the lO0-year frequency flood and shall be designed so minimal structural damage will occur if this design is exceeded. {2) Basements constructed in accordance with this regulation shall not be used for sleeping purposes. {E) The proposed community regulation requires the following certifications to be maintained on file by the community: (1) A registered professional engineer or architect shall certify that the floodproofing measures used in the structure satisfy the standards of section D above. This certification shall include the specific elevation {in relation to mean sea level) to which the structure is floodproofed. -3- (2) The community shall certify that the structure has been built in accordance with this design. In addition, we would like to point out that FIA is not only concerned with minimizing risk to loss of property. In considering whether to grant a basement exception request, FIA will consider whether granting the request will adequately minimize threats to public safety. I hope this information has been responsive tO your concerns. If further information is needed, please let me know. Sincerely, Acting Federal Insurance Administrator Federal Insurance Administration Southold Town Board of Appeals -6- March 12, 1981 MR. BRUER: May we have a copy of this, Mr. Douglass? I'm sure we can provide the Board with it but I don't believe it's a necessary requirement of this Board in its consideration. MEMBER DOUGLASS: I imagine you can get one from our secretary. SECRETARY: Yes. MR. CHAIRMAN: If there are no further questions from anyone, I'll offer a resolution closing the hearing. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed, Appeal No. 2782. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen (illness). PUBLIC HEARING: Appeal No. FA-5. Application of Goldsmith Building and Construction Inc. (for George Sweeney), Southold, NY, for a Variance to the Flood Damage Prevention Law, Sections 46-5 and 46-7 for permission to construct substantially an addition and altera- tions to existing dwelling, known as 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong and others; County Tax Map Item No. 1000-104-7-11. The Chairman opened the hearing at 7:56 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a Van Tuyl survey and a section of the County Tax Map showing this property and the surrounding properties. Is there anyone here that wishes to add anything to the application? MR. ALFRED H. GOLDSMITH: I can't add much to what is already written down there. I became aware today and received this letter that you have some question about the survey part of that. MR. CHAIRMAN: Right. Maybe I should read this so the people would know. This is the letter we sent to Mr. Alfred Goldsmith, President of Goldsmith Building and Construction Incorporated, Southold, NY, in regards to Appeal No. FA-5, Variance Application for George Sweeney: Southold Town Board Appeals -7- 12 , 1981 · ..Dear Mr. Goldsmith: After several consultations with the Town Engineer and the Town Attorney, the Board has been advised that Mr. Van Tuyl's survey dated December 31, 1980 regarding the above-entitled matter does not show accurate elevations above mean sea level. Apparently, Mr. Van Tuyl used datum from the Suffolk County Department of Public Works aerial survey maps rather than placing reference markers pursuant to the National Geodetic Vertical Datum of 1929 and the requirements of the Flood Plain Management Laws. The Town Engineer has advised that the elevations shown in Mr. Van Tuyl's survey could be off by as much as two or more feet. Please provide us with three copies of a survey certified by a professional engineer and showing the true elevations above mean sea level of the first floor. Thank you for your cooperation and if you have any ques- tions, please feel free to call. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN BOARD OF APPEALS .... Is there anyone else to speak for this? speak against this? (None) (None) Is there anyone to MR. GOLDSMITH: I have one question. Who will the Board accept as a professional engineer? MR. CHAIRMAN: I don't know about professional but as long as he is certified. That's the thing. MR. GOLDSMITH: Mr. Van Tuyl has been!certified and is also a professional engineer. MR. CHAIRMAN: But he's not using the right datum. I'm sorry. MR. GOLDSMITH: I don't even know what you're talking about when you call it a datum. All I could do is take this letter back to him and have him go over it. MR. CHAIRMAN: We also sent Mr. Tuyl a letter, I'll read it to you: ...Dear Mr. Van Tuyl: In the past it has been noted that the elevations provided So~uthold Town Board Appeals -8- 12, 1981 by your office has been obtained through datum from the Suffolk County Department of Public Works aerial survey maps. The Board of Appeals cannot accept these certified elevations inasmuch as they do not reflect accurate elevations above mean sea level as per information from the National Geodetic Vertical Datum of 1929, and they may be off as much as two or more feet in certain areas per the Town Engineer. Your cooperation is requested concerning this matter. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN BOARD OF APPEALS .... The Federal Government has taken over down here. Now that's something I never did believe in, grants and stuff, because every time you take a dollar worth of grant you lose a couple of pounds of home rule. And I don't know-- this is something that is going to have to be worked out. There's quite a difference. The bench marks or whatever you call them that Van Tuyl showed, one is 5'6" and one is 5'4" at opposite sides of the property. Not too far away. It's quite a distance from the property but not too far from the last one and it doesn't seem to be that much change in the grade. The Geodetic markers 4'-4'1", and they're supposed to be the -- So. Are these people going in for a mortgage or anything on building? MR. GOLDSMITH: They have a mortgage already approved. MR. CHAIRMAN: That's a good one. Somebody must have slipped up on it. MEMBER DOUGLASS: No, it's probably a private mortgage or some- thing because it wouldn't be approved-- MR. CHAIRMAN: something? I mean, maybe they didn't go through a bank or MR. GOLDSMITH: They went through a local bank. MR. CHAIRMAN: Generally 90% of our appeals wind up here on account that somebody went to the bank and they pick up all these things. MR. GOLDSMITH: I am sure of this. MRS. SHIRLEY BACHRACH: May I ask a question? MR. CHAIRMAN: Yes. Southold Town Board Appeals -9- 12, 1981 MRS. BACHRACH: Is it possible that if a person were granted a variance that they would not be entitled to flood insurance and that they would be under their own? MR. CHAIRMAN: Yeah, but the thing is that the Federal Govern- ment has requested the banks not to grant loans on stuff that doesn't-- they would have to build it to their specifications. Waterproofing for everything below the level-- the required 8' level, any structure, you know, if it's a cellar or anything like that. MRS. BACHRACH: In other words to get their loan they would have to meet that. MR. CHAIRMAN: Yeah. Any other questions? (None) Well, I'll offer a resolution closing this hearing and reserving decision. MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the hearing be declared closed and decision reserved in this Appeal No. FA-5, application of Goldsmith Building and Construction for George Sweeney. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2786. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek. County Tax Map Item No. 1000-86-5-7 & 8. The Chairman opened the hearing.at 8:10 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey of the property and County Tax Map showing the surrounding properties. Is there anyone here to speak on behalf of this application? sioas ~ ~c AmJoJed Code o~ the Town o~ Soutbold, ~ ~8 ~ ~ ~ heM. ~). ~ ~ ~ T~ ~ ~A~s ~ ~ T~ 1~1-: 7:~ p.m. A~l~n ~ ~ ~ ~ sub~ N.Y4 ~ ~h ~d w~ W~g & ~; Catty T~ ~ ~em ~. ~1~-7-~1. D~: Fe~ 24, 1~ BY O~ OF ~ SO~O~ ~ BOA~ OF APP~ C~ 1t-2/2~81(1~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .............. ..~. ....................... weeks successively, commencing on the ...~..(~.. ......................... Sworn to before me this ................................ day of CLEMENT j. THOMPSON ~o, S2-0~172S LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, the following matter will be held for public hearing (in addition to those previously advertised), by the Southold Town Board of Appeals at the Town Hall, Main Road, South- old, NY on Thursday, March 5, 1981: 7:40 p.m. Application of Goldsmith Building and Con- struction Inc., $oathold, NY for a Variance to the Flood Damage Prevention Law, Sec~ tions 46-5 and 46-7 for permis- sion to construct substantially an addition and alterations to existing dwelling, known as 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong & others; County Tax Map Item No. 1000-104~7-11. Dated: February 24, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TF28-3632 COUNTY OF SUFFOLK. STATE OF NEW YORK. ~ ss: David H. Walker ...................................... being duly Sworn, he says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, For .. o.n..e ...................... weeks successively commencing on the ...2.§~h. .................. dayof..~ ~ .b.~~ i ~.. :.. 1.~.~.~ ................... Sworn to before me this . ..2.6.~.h. .... February 81 day of .................. 19 ..... ............. ....... HELEN K. DE VOE NOTARY PUBLIC, Slate of New York No. 4707878, Suflolk Couot~ Term Expires March 30, 19~,.~ LEGAL NOTICE NOTICE IS HEREBY .GIVEN, that all of the hear. rags to be held by the Southold Town Board of Appeals on March 5, 1981, have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously ad- vertised, at the $outhold Town Hall, Main Road, $outhold, Dated: March 5. 1981. BY ORDER THE $OUTHoLD TO~, N BOARD OF APPEALS CHARLES GRIGoNIs, JR. ITM12-3642 CHAIRMAN COUNTy OF SUFFOLK, STATE OF NEW YORK, ~ ss: David H, Walker .............. being duly Sworn, says that ... b.e., is Printer and Publisher of the SUFFOLI~ WEEI~Ly TII~IES, a newspaper published ~t Greenport, in said COunty; and that tho notice, of which the mmexed is a printed copy, has been published in the said Suffolk Weekbf Times once in e~,ch week, for . olle ........................... Weeks successively COmmencing on the .~..~.~.h. ..... day of .... Ma..r.c.b.~. ~9.8.1. , ' ...... ..... Sworn to before me this . .L2.~..a ..... i .................. day of .. ~.ar~..a .......... )9.¢.t. J ........... NOtARy POSUC, State of New ¥or~ t~o, 4707878 $offol~ Coo Term E~.~r~ ", . ~s ~tarch 30, COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE - GIVEN, th~{ ail of tile hea~ngs to b~'held by'th/f;~i~thold Town Board of Appeals on March 5, 1981 have been recessed unt~ ~ursday, M~ 12, 1981, which said hea~gs will be heard at the ~me times as previously adv~ised at the ~uthold To~ Hall, Main Road, ~uth- - old, NY. Dated: March 5, 1981. BY ORDER OF ~E SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. ~ai~an 1~, 3/12/81 (50) Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 .... .~..~ .......................... Sworn to before me this ...... .......................... day of ...... ...... , LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant Law and the Provisions of the Amended the following matter will be held for to those previously advertised), by Appeals at the Town Hall, Main Road, March 5, 1981: to Section 267 of the Town Code of the Town of Southold, public hearing (in addition the Southold Town Board of Southold, NY on Thursday, 7:40 p.m. Application of Goldsmith Buildin9 and Construction Inc., Southold, NY for a Variance to the Flood Damage Prevention Law, Sections 46-5 and 46-7 for permission to construct substantially an addition and alterations to existing dwelling, known as 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong & others;County Tax Map Item No. 1000- 104-7-11. Dated: February 24, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, Fe,bruary 26, 1981 and forward one affidavit of publication to the Board of Appeals, Main Road, Southold, NY 11971. (tel. 765-1809). Copies 2/24/81 to: Mr. Alfred H. Goldsmith, Pres., Mrs. George Sweeney, 3 Winthrop Town Clerk Bulletin Board Supervisor Suffolk Times and L.I. Traveler-Watchman Goldsmith Bldg. & Const., Southold, NY Drive, Port Chester, NY 10573 Files YORK STATE D~,PART~ Regulatory Affairs .Buil~ng 40, SUNY Stony Brook, ~ 11794 Jane P. Throe Winthrop Port Cheater, b York OF EN'F!_ROMM~T~ CONSMRVATIO~ February 19, 1981 10573 Robert F. Flacke Comm~ ~sioner NO PEP, MIT NECESSARY - TIDAL WETLANDS ACT Re: TW No. 15276-0363 Dear This is to inform you that we have determined that your proposal to expand a lingla fmud. ly dwelLtng from one atory to two 8tory w~th addition of & 16* x 20* wood dick, located on the ooutheaot coromr of h~onDr~ve, Cutehogue, Tmmof Southold, Suffolk County, New York has been reviewed and that it has been found that no permit is necessary under Article 25 (Tidal Wetlands). Assuming you have obtained any other applicable permit~youmay proceed with 3our project° 9JL/cr Very truly yours, Regional Permit Administrator cc~ Town of Southold Zones Board of Appeals, Charles grigon~a, Jr., Chairmn Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki January 23, 1981 Mr. Alfred H. Goldsmith, President Goldsmith Building & Construction, Southold, New York 11971 Inc. Re: Appeal No. FA-5 ~ Account of George Sweeney Location of Property: 150 Mason Dr, Cutchogue Dear Mr. Goldsmith: Upon reviewing the above application, it was the consensus of the Board at a regular meeting held last evening, January 22, 1981, that an application be made to the Department of Environmental Conservation for the project proposed, inasmuch as the property is located within 300 feet of tidal wetlands, N.Y.S. Tidal Wetlands Land Use Regulations, 6 NYCRR, Part 661. The local office is located at Building 40, S.U.N.Y. at Stony Brook, tel. (516) 751-7900 [Mr. David DeRidder]. It is also our understanding that photographs of the existing building(s) and of the wetland property will help to expedite their review. If you have any questions, please do not hesitate to call. Very truly yours, CHARLES GRIGONIS, JR. CG:lk CHAIRMAN JUDITH T. TERRY · TOWN CLERK P~GISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.l.,N.Y. 11971 January 12, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Flood Plain Appeal No.5 - George Sweeney on appeal from the Decision of the Building Inspector in relation to the Flood Plain Management Standards in Flood Hazard Areas of the Town of Southold. Also included is Short Environmental Assessment Form. JTT/bn Enclosures Town Clerk SHORT ENVIRONMENTAL ASSESSI~ENT FORI~ -- -~(-~- Zn ordcr to onswer the questions in this short EAF it is ossumed that the preparer will use. currently available information concerning the Rroject end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is pot significant. · (d) Environmental Assessment ' ' ~. Will project result in o large physical change to the project site or physically alter more ' Yes ~ No than 10 acres of land? ........................ 2. ¥1ill there'be o major change to any unique or -unusual land form found on the sit&? ......... . Yes. ~ NO 3. ¥1ill project alter or have a large'effect'on existing body of water? ................ Yes. NO on groundwater quality? ...................... Yes ~ No 5. ¥1ill project significantly effect dro~noge flow on adjacent sites? ....................... Yes 6. %?ill project affect any threatened or endangered plant or ~nimol species? .......... Yes ~ No 7. ¥;ill project result in o major adverse effed~ ' on air quality? .............. · ................ Yes 8. ¥;ill project hove a major effect on visual character of the community or scenic views or vistas known to,be important to the community? Yes ~?o ~. %~ill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo by o local agency? - ' Yes 10. %~ill project hove o major effect on existin9 or future recreational opportunities?. ......... . Yes X. No 11. %Vill project result in .major traffic problems o~ cause o major effect to existing transportation systems? ....................... Yes 12. Will project .regularly cause objectionable o~ors, noise,' glare, vibration, or electrlcol. disturbance os a result of the project's operation? .... ' .. win pro eet'hAJ ' Ay Yes No' or.safety? .................................... Yes K No 14, ~qill p~oject affect the existing community by directly causing o growth in permanent population of more than $ perceDt over a one year period o~r have e major negative effect on the character of the community or neighborhood? Yes ~ No 15. Is there public controversy concerning the project? Yes v No REPRESENTING_ ,~/z~J~.,,?~'j ,~,~,~,L.~?_¢~. ~./.z,~, DATE (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of~Ao~ 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 water-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 is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to %he 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 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 ~2'~/~_- /~/, WHICH DECISION STATES: ' - (Street'and Hamlet) SECTION /o~ , BLOCK o~ , LOT LOCATION OF PROPERTY: TAX MAP DISTRICT 1000, NAME OF SUBDIVISION AND LOT NO.(if applicable): RATE MAP DESIGNATION: FLOOD INSURANCE 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: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, (~) (has not) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: F~ (Continued on Reverse Side) requested REASON FOR APPEAL Good and sufficient cause exists for the granting of the relief for the following reasons: hardship for the following reasons: Failure to grant the relief requested would result in exceptional 8. Granting the relief requested will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, and regulations for the following reasons: or conflict with existing laws or /~ rules STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this ~ day of -- ~o~ary Public) ~ [LIZABE%~ ANN NEVI~E ~OTARY PUBLIC, St~of New Yo~ .o. Term Expires ~qar~30, 1~ // (Signature) '~_a.,~.c~c,/"~f , 19 f/. / APPEAL TO THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPECTOR: TO THE BOARD OF APPEALS, (Name of Applicant) TOWN OF SOUTHOLD, N.Y: (Add~es~) HEREBY APPEALt FROM THE DECISION OF THE BUILDING INSPECTOR DATED ~9'm~,/~_. /~/, WHICH DECISIgN STATES: /~_w~_/~e LOCATION OF PROPERTY: H.,,:;~Z,y.~/--z'~'~ ~o,/ - ' (Street'and Hamlet) ' TAX MAP DISTRICT 1000, SECTION lo? , BLOCK o~ , LOT ~// NAME OF SUBDIVISION AND LOT NO.(if applicable): FLOOD INSURANCE RATE MAP DESIGNATION: 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: (Indicate the Section, 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: A previous appeal with respect to this Decision of the Building Inspector, or with respect to this property, (~) (has not) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): 5. THE SPECIFIC NATURE OF THE RELIEF REQUESTED IN THIS APPEAL IS: ~ontinued on Reverse Side) requested for the following reasons: REASON FOR APPEAL Good and sufficient cause exists for the granting of the relief hardship for Failure to grant the relief requested would result in exceptional 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: -zT~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS Sworn to before me this' ~ '~'~ day of / ~otary ~blic)~ ELIZAB~H ANN N~ILLE NOTARY PUBLIO, ~ate of New York Term Expires ~darch 30, I (Signature; , 19 ~/. '7. CUTCHO~U~ SEC NO. 098: M AT.C ~ ~LI~N LITTLE CREEK TOWN OF -ti COVE