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HomeMy WebLinkAboutFL-1 LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings (in addition to those ~dvertised previously) by the Board of Appeals, at Town Hall, Ma~n Road, Southold, New York on Thursday, April 10, 1980 at ~h~ following times: 8:45 P.M. Application of ROBERT L. BOGER, 1225 Boisseau Avenue, Southold, New York for a Variance to the Zoning Ordi- nance, Article III, Sec. 100~31, for permission to construct dwelling with insufficient front and rear yard setbacks. Loca- tion of property: North Side of Willow Point Road, Arshamomaque Southold, New York, more particularly known as "Map of Willow Point~ #4652, Lot #~. County Tax Map No. 1000-56-5-27. _8~55 P~M, Application of ROBERT L. BOGER, 1225 Boissea~ Avenue, Southold, New ¥ork_$or a Variance to the Flood Damaqe ~ · Prevention Law of the Town of Southold, Sections 46-15 and 46v19B(l~ for permission to construct basement below the res- t~icted base flood elevation in a V-4 Zone. Location of propert5 North Side of Willow point Road, Arshamomaque, Southold, New York; more particularly known as "Map of Willow Point" 94652, Lot ~, CountY Tax Map No. 1000-56-5-27. Dated: April 1, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions ~o newspapers: Please publish once commencing April 3, 1980 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, New York 11971. Tel. 516-765-1809. LEOALNOTICE CC~I.R~TY OF SUFFOLK OFHEARINGS STATE OF NIZ~V YORK Pursuant to Section 267 of the Town Law end the Provis- ions of the Amended Code of the Town of Southold, the following mat~ers will be held for public hearings (in addition to those advertised previously) by the Roard of Appeals, at ?own Hall, Main Road, South- old, New York on Thursday, April 10, 1980 at the following times: 8."45 P.bL Application of ROBERT L. BOGER, 1225 Roisseen Avenue, Southold, New York for a Variance to the Zoning Ordinance, Article IH, Sec. 100-31, for permission to construct dwelling with insuf- ficlent front end rear yard setbacks. Location of property: North Side of Willow Point Road, Arshamomaque, South- old, New York, more particu- larly known as "Map of wil~w Point" ~652, Lot #5. County Tax Map No. 1000-56- 5-27. 8:55 P. M. 'Almlicetion of ROBERT L. ROGER, 1225 Boisseau Av~g~"r,~-~outlmln, Ne~v York for u Variance to the Flood Damage Prevention Law of the TOwn of Southold, Sections 46-15 end 46-19B (l( for pemiission to const~ct basement below the restricted base flood elevation in a Zone, Location of Property: North Side o~ Willow Point Road, Arshamomaque, South- old. New York; more particu- larly known as "Map of Willow Point" ~[652, Lot County Tax Map Ho. 1000-56- 5~27. Dated: April 1, lcd0. BY ORDER ON $OUTHOLD TOWN BOARD OP APPEALS IT, 4/3/80, (155( Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newsFaper printed at Southold, in Suffolk County; ;nd that the notice of which the annexed is a printed copy, r~as been published in said Long Island Traveler-Watch- man once each week for .............. /. ....................... weeks successively, commencing on the ..~. .................................. Sworn to before me thai ....~_ ................ day ot Notary Public CLEMENT J. THOMPSON NOTARY PUIRI~ ~ e~ New York --:' ~ LEGAL NOTICE . ~." OF HEARINGS ~ Pursuant to Section 267 of -the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the fol- lowing matters will be held for public heaz ings (in addition to · those advertised previously) by the Board of 'Appeals, at Town Hall, Main Road, South- old, New York on Thursday, · April 10, 1980 at the following times: 8:45 P.M. Application of · ROBERT L. BOGER, 1225 Boisseau Aver-e, Southold, New York for a Variance to the Zoning Ordinance, Article III, Sec. 100-31, for permission./ to construct dwelling with in- sufficient front and rear yard setbacks. Location of proper- fy: North Side of Willow Point Road, Arshamomaque, South- old, New Ydrk, more particu- larly known as "Map of Wil- low Point"//4652, Lot//5. Coun- ty Tax Map No. 1000-56-5-27. 8:55 P.M. Application of ~OBERT L.. I~OGE~t~,- ~225 tioi~s~,iu .~/~nu~;~ ~0u-~old, New York for a Variance to the Flood Damage Prevention Lawof the Town of S ~ecti%os .4~is. and coostruct ,asemen[ below the restricted ,ase flood elevation in a V-4 Zone. Location of North Side of Will load, Arshamomaque, South- ,Id, New York; more particu- arly known as ' ' )wPoinl" ty Tax Ma Dated: April 1, 1980. BY ORDER OF ~'~E_ SOUTROL~ TOWN ~OARD OF .Ap RAr_q ITA3-3416 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .... J.Q,',.7.~T..~-.~T/~.\~$ Q~i ................. being duly Sworn, says that . .S..H.E... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the noUc¢, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times 0IL, once in each week, for ............................ weeks successively commencin9 on tire . .T~.Z.R.D. .................. day of .. APRIL 19. ~0 ...... .......... Sworn to betore me this . .~...~. .... of ....... ......... ........ NOTAry PUBUC. State of New York No. 4707878, Suffolk County letm Expmres March 30, FOBM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ................................. ,.~..,,~..~......~.~..., 19..~.,.~... PLEASE TAKE NOTICE that your application dated~ ..................................................... , ........ for permit to construct ........................................ at the premises located at .................................... . ~.~..... Y~.~.~..... ~.~.,~ ..... ~ ..... Street ~OVT~P L~ ~p ............ Y.~.A~ ..... ~ .~.....~ .......... Lo, ............ ~A ............................ returned he[ewith and disapproved on the following grounds .~...~~.~. , ....... ............................................................................. ...~...~./...../.~ ......... Building Inspector JUDITH T. TERRY · TOWN C~ERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 18, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2683, Appeal f~om 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. ROBERT AND CAROL BOGER, HIS WIk'E APPLICATIC~ FOR VAP~ANCE FLOOD DAM_AGE PREV~INTI(1N LAW PHILIP J. OFRIA$, JR, 737 ROANOKE AVENUE RIVERHEAD, NEW YORK 11901 March 18, 1980 TO THE ZONING BOARD OF APPEALS, TOWIq OF SOUTHOLD, NEW YORK I, Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, New York hereby appeal to the Zoning Board of Appeals frc~ the decision of the building inspector on application for Permit Number dated March , 1980 whereby the building inspector denied to Robert Boger and Carol Boger, his wife (applicants) residing at Boisseau Avenue, S~athold, Now York a develolmnent permit pursuant to the Flood Damage Prevention Law of the Town of Southold, Section 46-12. 1. LOCATION OF PROPERTY. Willow Point Road. Shown as Lot Number 25 on "Map of Willow Point" filed in the Suffolk County Clerk's Office as Map Number 4652. Tax Map Designation; District 1000, Section 56, Block 5, lot 27. 2. This application is made to the Zoning Board of Appeals for a Variance pursuant to the Flood Damage Prevention Law, Section 46-15. 3. A previous appeal has not been made with respect to this decision of the building inspector or with respect to this property. 4. REASON FOR APPEAL. A Variance to the Flood Damage Prevention Law is requested for the reason that applicant wishes to construct a single famil wood frame dwelling on this lot using conventional construction methods and materials which would otherwise be precluded by reason of the provisions of the Flood Damage Prevention Law as applicable to this lot. PHILIP J, OFRIA$, JR, 5. There is good and sufficient cause for granting the Variance requested, and a failure to grant th~ Variance WOuld result in exceptional hardship to the applicant for the reasons set forth below. 6. The cost to construct a 1 family wood fr~e dwelling that would cu~Jly with the Flood Damage Prevention Law (if no Variance were granted) ~uld be much greater than the cost of building a similar sized dwelling using standard construction methods and materials. Furthermore the finished dwelling would be ~sthetically less pleasing if built in conformity with the otherwise applicable provisions of the Flood Damage Prevention Law. In addition, in this particular instance, most of the lots that border on the Willow Point Canal have been ir~proved with single f~mily wood frame dwellings constructed with standard construction methods and materials. Because these homes were built prior to the enactment of the Flood D~aage Prevention Law they do not ccmply with the standards set forth in that law, yet none of these hc~nes has ever experienced the type of loss or d~nage sought to be avoided by the impl~nentation of the Flocd D~nage Prevention Law. It is the applicants belief that the lot upon which the applicant seeks to build is not subject to the type of flood damage anticipated by the Flood D~z~age Prevention Law, and that the granting of the Variance would not be counter to the purpose for which it was enacted. 7. In view of the flood hazard as it actually exists at applicants location, the variance requested is the minim~ necessary to afford relief to th~ applicant. 8. Inasa~ch as applicants lot is less than one half acre in size, the "technical justification" for granting the requested Variance need not be as great as it would need to be if tbs lot were larger. 9. A granting of the Variance will not result in increased flood heights, additional threats to public safety, extra ordinary public expense, create nuisances, create fraud on or victimization of the public as identified in Section 46-15 B or conflict with existing local laws, ordinances, or rules and regulations. Sworn to before me this 18th day of March, 1980 GAlL A. I(OZEl"lSkq Notary Public, State of New No. 52~8t~, Suffolk Coun~ Commission Expires March 30, C O U.NT¥-O.F' ~$.U t~-FO.L.K. DEPARTMENT OF PLANNING April 30, 1980 · Board of Appeals TOwn of Southold Petitioner: Appeal #1-FL, Robert L. Boger Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application is not within the jurisdiction- of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director'of Planning Gerald G. Newman Chief PlAnner GGN:jk C O TOWN CLERK Planning Bd. BOard of Appeals TOWN OF SOUT LD TOWN CLERK'S OFFICE Main Road Southold, N. Y..11971 765-3783 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12--B, Sections 239-1 and m, Board of Appeals Southold the ..................................... of the town of .............................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Re: Appeal Nos. 1 & 2682 ROBERT L. BOGER 1225 Boisseau Avenue Southold, NY 11971 ................ Special ~rmits 5- Variance to Flood L~Ch. 46, Sec. 46-19B and46-15. Appeal ~i-FL. ....... ~ ...... Variances to Zoning Ordlnance,.Art. III, Sec. 100h31. Appeal #2682 . L~cati~n~faffected~and:~(~e~~~~~:~ ....... within ~0 feet of: (check one or more) ....... X...x.... Town or village boundary tine, or shore line (Budd' s Pond) ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. .............. ;. State or county owned parcel on which a public building is situated Comments: Permission was granted to construct dwelling with insufficient front and rear yard setbacks of 35' each, and to construct full 8' basement 4'4" above,mean sea level SUBJECT to the basement being floodproofed in accordance with the standards of the Flood Damage Prevention Law, and said floodproofing shall be certified by a registered professional engineer or architect, and submitted prior to the issuance of Certificate of Occupancy. Date: -...Ap~'.i-l---.-1-0-~.-..l. 9-8~ .. ...... Date received by Suffolk County Planning Commission ................................ · .................................................... File No ................................. Southold Town Board of Appeals -14- April 10, 1980 with it, and I would like to know more about it, because, I mean after all I was the first man in there. MR. BOGER: I know, I built your house. MR. WHITNEY: Yeah. MR. ~OGER: What would you like to know. Design, type? MR. WHITNEY: I would like to know the design on it. Why do you have to go back 35 feet? MR. BOGER: Why do I have to go back 35 feet? MR. WHITNEY: There's a 35-foot setback in there. MR. BOGER: I know. They want me to go back, they are requiring me the average of the houses next to me, 48 or so. If I did that, I'd be in the water. You know, I'm trying to keep the 35-foot setback that I thought was used in half-acre zoning. MR. OFRIAS: Maybe the question should be directed through the Board-- CHAIRMAN: Yes, you talking back that's right. The secretary can't hear and forth and then we all get confused. MR. WHITNEY: the east side. measures today. Well, that lot originally was 139 feet on 127 on the other side. I don't know what it I haven't any idea. MR. BOGER: We have that, but you know, it's in the water. There is quite a bit in the water. I think it winds up around 1-something, close to 115 or 117 now. MR. WHITNEY: Do you plan to bulkhead that area? MR. BOGER: Yeah, eventually. I was fighting with D.E.C. so long I didn't have the--they said to me not to go ahead with the bulkhead permits right now because the other thing was complicated enough, and it turned out I didn't need them. I could have gotton the bulkhead permit because I never needed the other variance, you know. So I will apply for that anyway soon. MR. WHITNEY: I'm just curious to find out what the design of the house was. MR. BOGER: It'll be a Cape Cod. Two-car garage. MR. WHITNEY: Is it going to have a cellar? MR. BOGER: Yeah, we're getting into that after this. MR. WHITNEY: I have the only cellar down there. Southold Town Board of Appeals -15- April 10, 1980 MR. BOGER: No (remainder of statement was not picked up). MR. WHITNEY: Oh, yeah, over on the other side more. CHAIRMAN: We can't get into the record what you're saying. MR. WHITNEY: I have no objection. I was just trying to get furkher information. MEMBER TUTHILL: I think what the Board is saying the questions should be addressed to the Board or a request for information, and the answers should come to the Board and not back and forth in the audience. CHAIRMAN: To get it in the record. MEMBER TUTHILL: Besides. It can get into a debate. MR. BOGER: I can drop off a set of plans for Mr. Whitney to look over if he is concerned with house design. MR. WHITNEY: I would appreciate him showing the location and all. CHAIRMAN: Does anyone else have any questions? No questions? (There was no response.) I'll offer a resolution granting the front and rear yards. 35 and 35. As applied for. MEMBER GOEHRINGER: I'll second it. After investigation and inspection, the Board finds that the applicant is requesting permission to construct dwelling with insufficient front and rearyard setbacks of 35 feet off Willow Point Road, Southold, New York. The Board found that the lot has a depth of buildable area approximately 112 feet, leaving an insufficient amount of area in which to build, to wit, 12 feet if he were required to comply with the 50 foot front and rear yard setbacks of the present zoning ordi- nance. The Board agrees with the reasoning of the applicant. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that ROBERT L. BOGER, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31, in Appeal No. 2682 permitting the construction of the proposed dwell- ing with insufficient front and rear yard setbacks of 35 feet as applied for. Southold Town Board of Appeals -16- April 10, 1980 Location of Property: ~e of Willow Point Road, Arshamomaque, Southol~e particularly known as "Map of Willow Point" #465.2~ot #25. County Tax Map Item No. 1000-56-5-27.J_/ . Vo~e~f the Board: Ayes: Messrs. Grigonis, TuthllL Doyen an~"~oehringer. Absent: Messr. Douglass. PUBLIC HEARING: Appeal No. 1. Application of ROBERT L. BOGER, 1225 Boisseau Avenue, Southold, New York for a Variance to the Flood Damage Prevention Law of the Town of Southold, Sections 46-15 and 46-19B(1) for permission to construct base- ment below the restricted base flood elevation in a V-4 Zone. Location of property: North side of Willow Point Road, Arsha- momaque, Southold, New York; more particularly known as "Map of Willow Point" #4652, Lot #25. County Tax Map No. 1000-56- 5-27. The Chairman opened the hearing at 9:03 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in 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. CHAIRMAN: We also have a couple of letters in here. One from the Department of Health Services: Re: Robert L. Boger, Property N/S Willow Point Road, Arshamomaque. ...We are in receipt of a Notice of Complete Applica- tion, dated March 19, 1980, for the above referenced proposed dwelling. This office does not wish lead agency status. A precursory review of the above referenced indi- cates that public water should be available to service the new home; however, special consideration will be given to the sewerage disposal system due to poor soils in the area. Very truly yours, /s/ Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services .... PHILIP J. OFRIAS, ESQ.: Gentlemen, because this was a first time application, prior to submitting that application to the Board I took it up and I went over~rwith Bob Tasker to insure that in his estimation it was legally sufficient in the form of its drafting; and he thought it was. Insofar as the appli- cation goes and the basis for the application and why we think Southold Town Board of Appeals -17- April 10, 1980 it should be granted~ In addition as what is set forth in the peti~ion~ I would c~te three sections of this Flood Plain Law. One Ks 45-15, which states that the Board of Appeals on appli- cation for a variance shall consider all relevant factors includ- ing 11 itemized considerations, which it sets forth. I think that reviewing this application and what Mr. and Mrs. Boger wish to do those, it passes those 11 items with flying colors. They hardly appear to even be relevant. The next section I'd refer you to would be, and I don't mean to be fractious in referring, would be 46-5. It defines a variance because there were ques- tions that Mr. Tasker and I went over in our own minds as to what a variance could encompass, and I think the answer is in the definition of a variance as set forth right in the ordinance a grant of relief from the requirements of this chapter which permit construction in a manner which would otherwise be pro- hibited by this chapter, therefore, the Board by granting a variance can grant to the applicant permission to erect whatever he could otherwise erect absent this flood plain ordinance. The last section I would call your attention to would be 46-16, which basically says that for lots under a half acre in size or up to a half acre in size, where that lot is in the area of other lots that have already been improved by dwellings which are below the base flood level, that the variance can be granted in this application although that the Board should refer to the 11 items which I referred to above. So I would think that while, of course, there is discretion with the Board, I would think that the appli- cants have come well within the parameters set forth in this ordinance for a variance. And I think that what exists on that canal and which has existed for a number of years would certainly be sufficient indication that this particular location is not subject to the type of damage for flood control to which this ordinance is directed. If the Board has any questions, I would be glad to try and answer them. MEMBER GOEHRINGER: Maybe in a couple of minutes, after we get the objections, Mr. Chairman? CHAIRMAN: Well, is there anyone else who wants to speak for this? Is there anyone here that would like to speak against it, or wants to speak against it rather? (There was no response.) MEMBER TUTHILL: You're referring to a full basement? MR. BOGER: Yes. MEMBER TUTHILL: I mean a walk-in cellar, i~%derstand there is a technical difference between a cellar and a basement. MR. BOGER: Eight foot ceiling height. MEMBER TUTHILL: How far would the floor of this basement be below the e~ght-foot? MR. BOGER: I think I gave them an accurate survey the location. ,I think it miaht be 3'8" below. C O Southold Town Board of Appeals -18- April 10, 1980 MR. CHAIRMAN: It's here. MEMBER TUTHILL: I presume you are going to do all kinds of waterproofing and so forth for your own benefit. MR. BOGER: Oh, I have to. MEMBER TUTHILL: Because the other houses in the area are built on slabs we noticed. MR. BOGER: Slabs~ a few crawls~ and a couple of basements. MR. CHAIRMAN: I'm looking for it in there, and it's all written in here. It says 4'4" MR. OFRIAS: Above sea level. MEMBER GOEHRINGER: Can I ask him a question? Is there any possibility of raising that at all, Mr. Boger? MR. BOGER: Riaht now I'm Duttina the tod of mv foundation four feet above the qrade that's there nowf and that is already eight feet above mean sea level, where, you know, the surveyors show. MRS. BOGER: If you go any higher, you're not going to be conforming to the neighborhood either. MEMBER TUTHILL: In other words, half your basement will ~e below and half will be above this eight-foot mark. MR. BOGER: We're still goinq to qrade to a normal foundation level. I didn't want to look at all that concrete and I don't think anybody else would. MEMBER GOEHRINGER: Is there any possibility for a seven- foot foundation instead of an eight foot? bIR. BOGER: There is. I don't know if it really makes a greater difference. I don't know. I'm ~oinq to put in a d~ct ~ system, so you do lose, and that's the thing I'm trying to avoid, if I can, I'd like to be able to walk underneath all this s~ff. MEMBER GOEHRINGER: Rv d,~ts, you mean heat DumPs? MR. BOGER: No, I mean hot-air system. MEMBER GOEHRINGER: Hot-air system. I'm not positive which one it's going to be yet. MR. CHAIRMAN: Personally, I don't know, if it's four feet or three feet it's going to make that much difference? He has qot to waterproof it any wayr down below there. C O Southold Town Board of Appeals -19- April 10, 1980 MR. BOGER: Nothing goes through that, Charlie. That's all clay over there. MR. CHAIRMAN: That's why you've got water sitting on the top of it now in some places after it rains. MR. BOGER: And with this new system that the Health Department has des~igned, I'll make a leeching field around my foundation itself and that will go into it because it has to be a tremendous sand troth I will have to build for them, 100 feet long by, I don't know, so many feet wide, and this surrounds the five pool section so when I get through there it'll be all sand. MEMBER TUTHILL: You are a builder aren't you? MR. BOGER: Yes. MEMBER TUTHILL: Then you know what your problems are. MR. BOGER: I happen to have the biggest one of all. MEMBER TUTHILL: You're not planning on a sump pump, I presume? MR. BOGER: No. No. there. I'm not worried one bit about water over MR. CHAIRMAN: A lot of these houses are on slabs, but I think there is a cellar over there now. MEMBER GOEHRINGER: Mr. Whitney has a cellar. MR. OFRIAS: Two with full basements. MR. CHAIRMAN: I don't know whether it's waterproofed or not, but, I don't know. Heck, I've seen cellars after a good heavy storm get water in them. It wasn't flooded, it was just from rainwater, I don't know. MR. BOGER: That's all I would be worried about is rain water. MR. CHAIRMAN: Yeah, you'll get that a lot. SHIRLEY BACKRACH: May I ask a question? MR. CHAIRMAN: Yes. MRS. BACHRACH: Does it make any difference with the National Flood Plain Insurance qualifications? MR. CHAIRMAN: Well, that's what he is required. He is just asking for a little variance on it. That's why he is in here. If it wasn't for the Flood Plain Insurance he would have been building a house there. And probably living in it by now. But this thing came along about the time he was getting ready to get started. That's why he is asking for the variance, to get the four feet below the level, which we are in the process debating about granting it as it's requested. That's four feet Southold Town Board of Appeals -20- April 10, 198- below the eight-foot level. MRS. BACHRACH: Yes, I realize that. That's what I'm asking, whether this would interfere with, in case there were flooding, whether he would be disqualified from getting flood insurance? MR. OFRIAS: I think the answer is', that he is not disqualified, but if Ne builds a house having obtained a variance from the Flood Plain Ordinance, his premium is adjusted accordingly. He is not disqualified, but he has to pay a higher rate. MR. CHAIRMAN: Because they have to be notified of everything that happens here, from this Board. I guess it probably would end up in Washington somewhere. It's all brand new to us actually. Do any of you gentlemen have any other questions? Do any of you people got anything to add that we might have forgotten, or you forgot? MR. OFRIAS: Nothing unless there are questions. MR. CHAIRMAN: I can't think of anything. MR. BOGER: Is everybody aware of the actual location of this land? MEMBER GOEHRINGER: Definitely. MR. CHAIRMAN: Yes. We've been down there. MR. BOGER: I think you have a big map if i,m not mistaken. MR. CHAIRMAN: I've been down there a couple of times, and Gerry's been down. I'll offer a resolution closing the hearing and we will make a decision a little later on. We want to make sure we're going to get all this stuff in order before we do so. We'll probably have an answer for you tomorrow if you want to call the secretary. Thank you very much for coming in. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed and to RESERVE DECISION regarding the matter of ROBERT L. BOGER in Appeal No. 1, (Flood Damage Prevention Law). Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass. RECESSED HEARING: Appe~. 2679 Application of RAYMOND and ANNA CIACIA, M~i~d, Greenport, New York (by James Bitses, Esq.) for Va~s to the Zoning Ordinance: [a] Article III, Sect~l ~and Art.icle. V~II~ Section 100-81 ~u~k Schedule, f~2~ff~rmission to construct dwelling with insuffIcient front This is an application for a variance from the requirements of the Flood Damage Prevention Law of the Tov~n of Southold (Chapter 46 of the Southold Town Code). The applicant seeks a variance to construct the basement below the base flood level. The premises in question consist of a lot shown and designated on the Suffolk County Tax Map as District 1000, Section 056, Block 5, Lot 27. Upon investigation and personal inspection of the premises, the Board finds as follows: The lot in question has an area of 20, 500 square feet. The plot plan submitted to the Board indicates that the area of the lot where the dwelling is to be constructed has an elevation of 8.0 feet above mean sea level¥ The applicant proposes to con- struct a basement with a finished floor 4.4 feet above mean sea level. The Insurance Rate Map (FIRM) indicates that the property is located in a Zone V with an elevation of 8 feet. However, the Town Engineer has been conferring with representatives of the Federal Insurance Administration and has indicated to the Town that the designation of the area in question will in all probability be changed from a V Zone to an A Zone. The Board also finds that there are several homes contiguous to and in the neighborhood of the lot in question. The dwellings con- structed on these lots are on lots of a similar size and the dwelling~constructed thereon are constructed below the base flood level. 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-haif acre and is contiguous to and 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 the 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. IT IS THEREFORE RESOLVED, that Robert L. Boger, the applicant herein, be and he hereby is granted a variance 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 on the north side of Willow Point Road, Southold, New York, said premises being designated on the Suffolk County Tax Map as District 1000, Section 56, Block 5, Lot 27, with the finished basement floor to be elevated 4.4 feet above mean sea level, subject to the following conditions, to wit: ,v © 0 (1) That the basement be floodpr~ofed so that II~below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water. (2) That the floodproofing requirements be certified by a registered professional engineer or architect as meeting the standards set forth in the preceding paragraph hereof. (3) That such certification be filed with the Building Inspector of the Town. (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. 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 com- mensurate with the increased risk resulting from the reduced lowest floor elevation. IT IS FURTHER RESOLVED that the Secretary to this'!.Board transmit copies of this determination to the applicant, the applicant's attorney, and to the Town Building Inspector. Re: Bo~r, Robert. (FPE File No. ~ 3/19/80 Applicant filed FPE Variance No. 3/20/80 Applicant was advised by Board to consult Mr. Tasker. Mr. Tasker advised the Board that: (a) map certifying elevation where house Ss proposed which is not certified on survey subm±tted 3/19/80; (b) applicant says he has received verbal approval from County Health Dept. Applicant was asked to bring letter from County Health to expedite and Board may schedule Special Meeting to set up for public hearing 4/10/80. 3/21/80 Secretary was advised applicant came in w~h copy of survey--not showing elevation as requested. Applicant said he was unable to consult with Town Attorney this date in the a.m. ~plicant was asked again to try to consult TOM Attorney about trying to expedite. Also, applicant was going to try to get Notice of Disapproval from George Fisher, wh~h was not f~led with application. COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. April 2, 1980 Mr. Charles Grigonis, Qr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Robert L. Boger, Property N/S Willow Point Road, Arshamomaque Appeal No. 2682 Dear Mr. Grigonis: We are in receipt of a Notice of Complete Application, dated March 19t 1980, for the above referenced proposed dwelling. This office does not wish lead agency status. A precursory review of the above referenced indicates that public water should be available to service the new home; however, special consideration will be given to the sewerage disposal system due to poor soils in the area. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services " D NEW YORK STATE DEPARTI~aNT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Building 40, SUIPf Stony Brook, NY 11794 (516) 751-7900 ~obert F. Flacke Commissioner A COPY OF THIS AUTMO~TZ&TION MUST BE AVAILABLE ON PROJECT SIT~. Bobert & Carol Boger Boisseau Avenue Southold, NY 11971 For: Henry Straub TWNL # 15277-0124 "C" T?nAL I;ETLAA~OS NOTIFICATION LETTER APPROVAL Dear Mr. &Mrs. Boger: This is to inform you that we have reviewed the nOtification letter (or ermit a lication) filed on 2/21/ 1980 and have determined that P PP it will not be neceasar to file a permit application ~m~.eecure a tidal wetlands permit) to erect a (~e-family dw~lltr~ ~~ at Wi~t ~. 10, 1979, on~ si~~t ~, ~of~ld. Assuming you have obtained all other necessary per~ts, you may proceed with your project adhering to the special conditions (if any) found on this letter. 3/ S/80 Date Issued 3/3%/Sl Expiration Date cc: U.S. Army Corps of Engineers NYSDEC Law Enforcement - Region I 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 ~PEALSBOARD MEMBERS CHARLESGRIGONIS, JR., Chairman SERGE DOYEN, JR. TERRY YUTHILL ROBERTJ. DOUGLASS Gerard P. Goehringer Mr. George H. Fisher Senior Building Inspector Southold Town Hall So~thold, New York 11971 Apr~l 7, 1980 / Re: Appeal No. 1 (FE) - Robert ~ Boger Application for a Variance/to the Flood Damage Prevention Law of the Town of Southo~d Dear George: This date we were out/~gain to inspect the subject premises at Willow Point Road, Sou~hold, and were/discussing what type of structure or to what ext~nt a dwelling.could be permitted without a variance to the Flood/Damage Preventlon Law; i.e. slab foundation. Would you give us your/comments on this? Thls matter is ~cheduled f~r a public hearing April 10, 1980, and any comments yo~ could provide before then would be greatly appreciated. / . / Szncerely yours, / CHARLES GRIGONIS, JR. CG:lk / . INSTRUCTIONS: SHORT TOWN OF SOUTNOLD ~ RONMENTA~ ASSESSHEN~FO.J~ EAF it is assumed PREPARER'S SIGNATURE RE p R E S E NTi NG_AO~ ~:-r~,.77 (07 In Order to answer the questions in this short that the prepare~ will use currently available information concerning the project and the likely impacts of the o~{ion. 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 a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not Signiflcont. . ._ . (d) EhV~ronmental Assessment : ~. '.¥1i11 project r'esel't in a ~arge physi'cal change to the project' site or physicol3y alter mo~e than lO acres of land? .................... ' ...... ~es o 2. Will there be.a major change to any unique o~ ..unusual lo~d form found on the-site? ........ '.- Ye , No 3. Will project aiter or hove a large effect on' .,~N existing body of water?.'. ' ., Yes o 4.' Will projeci have o potentially large impact . , Yes~No quoli~y? on groundwater ...~ ................... 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes, ~ Will 'project affect any threatened or endangered plant or animal species? ........... . 'Yes.~o 7. Will project result in a major adverse effect · lity? es.~N on air quo ............................... . Y o' 8. Will project hove a major effect on vlsuol choro5ter of the community or scenic views or . vlstos known to.be important to the community?. Yes.~No ~. Will pro~ect adversely impact any site or structure of historic, prehistoric or paleontological importance or any site deslgnoted os o critical environmental oreo s~ 1 1 y? ........... ,-,v~.. :- Ye o. by o' oca agenc ....................... · 10. Will project 'hove a mo~or effect on existing 'or future recreotibnol opportunities? ......... ~ Yes_~No '11. Will project result in mo~or traffic problems .. or.cause o ma~or effect to existing ~onspo~[a[1on systems? ....................... Yes, o ~2. Will p~o~ec~ ~gularly cause objectionable odo~s, halsa, glo,e, vibration, o~ electrical disturbance as o result of the pro~ec['s Ye~No operation? .................................... · , have any impact pub~ic health ' 13. 'Will project on safety? ' 14.' ~il1 p~oject aFfec¢ [he ex/s[[ng community bY directly couslng o growth in permanent population of mo~e than 5 peycen¢ ove~ o one year period p~. hove o mo]or negative effect on the character of ~he community or neighborhoodS. ................................ ~ Yes there ublic co oversy concernino lS. Is Yes o pro~ect? .... - ..................... '' 5UFF'OLK CO. HEALTH DEPT. AI~OVAL THE WATER SU~LY AND S~AGE DI~AL SY~E~ FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. = ~o~ SUFFOLK COUNTy DEPT. OF HEALTH SERVICES FOR APPROVAL OF CON.RUCTION ONLY DATE: ~ SUFFOLK CO. TAX MAP DESI~ATION: I LICENSED LAND SURVEYORS Wq~ / GREEN~RT NEW YORK Revisions _ ... _ .: KEY MAP ,'-494-6