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TOWN OF SOUTHOLD, NEW YORK
ACTION OF TIlE ZONING BOAltD OF APPEALS
Appe~ No. FL- 2 Dated May 1, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Richard Zeisler
Mr. Philip J. Ofrias, Jr., Esq. as attorney
Southold Town Building Inspector George H. Fisher
Appellant
at a meeting of the Zoning Board of Appeals on July 1, 1980, me appeal
-,vas considered and the action indicated below was taken on your
( ) Reques~ for v~riance due to lack of access to property
( ) Request for a Special exception under the Zoning Ordinance
X~ ) Request for a variance to the :~i~[~i~f~%Fe Flood Damage Prevention Law §46-18A
~( )
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Application
of RICHARD ZEISLER, c/o Philip J. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead, New York 11901, for a Variance
to the Flood Damage Prevention Law of the Town of Southold,
Section 46-18A, B for permission to construct basement
below the restricted base flood elevation in. a special
flood hazard zone.· Location of property: Jackson's Land-
ing, Mattituck; Lot 7 of Map of Jackson's Landing; County
Tax Map Item No. 1000-113-4-9.
(SEE REVERSE SIDE)
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 SIDE)
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 REVERSE SIDE)
(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 SIDE)
and therefore, it was further determined that the requested variance ( ) be ~r~uted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
FORM ZB4
ZONING BOARD OF APPI~.AL~~
Upon investigat~ and personal inspection
Board finds as follows:
~ the premises,
The lot in question has an area of 23,495 square feet.
The plot plan dated'April 23, 1980 as amended, submitted to
this Board indicates that the area of the.lot where the
dwelling is to be constructed has an elevation of 7%' at
the lowest point above'mean sea level. The Flood Insurance
Rate Map (FIRM) indicates that the property is located in
Zones A and C with a minimum elevation requirement of
8 feet. Applicant is proposing to construct basement floor
not less than 7%, above mean sea level, and proposes to
use basement only for storage, and does not plan to use same
for electrical pumps, furnaces or other devices. The dwellings
on lots in the neighborhood of the lot in question are on
lots of similar size, and are constructed similar to what
applicant proposes in relation to mean sea level elevation.
The Board also finds that the lot in question meets the
standards set forth in Section 46-16A of the Code since it
contains an area of slightly more than one-half acre and
is contiguous to and surrounded by lots with existing
structures at about the same elevation proposed herein.
In passing upon this application, the Board has con-
sidered-all technical evaluations; all relevant factors;
all standard~ sp~cified"~in the Code; and all of the appli-
cable 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 excep-
tional 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.
On motion by Mr. Grigonis, seconded by Mr. Goehringer,
IT IS THEREFORE RESOLVED, that RICHARD ZEISLER, the ap-
pliCant herein, be and he hereby~i is GRANTED a variance from
the provisions of the Flood"Damage Prevention La~ of the
Town of $outhold to construct a one-family private dwelling
on premises located on the south side of Jackson's Landing
Road, Mattituck, New York, said premises being designated
on the Suffolk County Tax Map as District 1000, Section 113,
Block 4, Parcel 9, with the finished basement floor to be
elevated not less than 7%' above mean sea level, SUBJECT
TO THE.FOLLOWING~CONDITIONS, to wit:
(1) That the basement be flood proofed so that below
the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
(2) That the floodproofing requirements be certified
by a registered professional engineer or architect as meet-
ing the standards set forth in the preceding paragraph hereof;
(3) That such certification be filed with the Building
Inspector of the Town;
(4)
applicant apply for and obtain a Development Permit from the
Town Building Inspector, pursuant to the provisions of the
Flood Damage Prevention Law.
AND IT IS FURTHER RESOLVED, that pursuant to the provi-
sions of Section 46-16F of the Code, the applicant is hereby
given notice that the structure for which this variance is
(cOntinued on annexed)
That prior to the commencement of construction, the '~' If
Annexation to Decision dated 7/1/80 in Appeal No. FL-2
Application of Richard Zeisler by Philip J. Ofrias, Jr.,
Esq. as attorney for applicant.
Decision Rendered July 1, 1980.
granted will be permitted to be built'with the lowest floor
elevation below the basement flood elevation of not less than
7%' as applied for, 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,
the applicant's attorney, and to the Town Building Inspector.
Location of property: South side of Jackson's Landing
Road, Mattituck, New York; Lot 7 of Map of Jackson's Landing;
County Tax Map Item No. 1000-113-4-9.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen,
Douglass and Goehringer. Absent: Messr. Tuthill.
APPROVED
RECEIVED AND ~/LED BY
TF.F. SOUTHOLD TOWN CLERK
Town Clerk, Town of So~[thold
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'by the Board of Appeals,
Town of Southold, at the Town Hall, Main Road, Southold, New
York on Thursday, May 22, 1980:
7:35 P.M. Application of MARINO FARAGUNA, 175 Park
Avenue, Berkeley Heights, New Jersey 07922, for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission
to construct dwelling with insufficient sideyards at property
known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of
"Nassau Farms" filed Map #1179; County Tax Map Item No. 1000-
138-2-10.
7:45 P.M. Application of EMANUEL & VENITA LORRAS,
Depot Lane, Cutchogue, New York for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to
construct addition with insufficient rearyard setback at
property known as 2135 Bay Avenue, East Marion, New York;
bounded north by Schwab,' east by Massaro, southby Vasquez,
west by Bay Avenue; County Tax Map Item No. 1000-31-17-4.
8:00 P.M. Application of VICTOR E. CATALANO, 22
Canterbury Drive, Hauppauge, New York~l1787, for a Variance
t° the Zoning Ordinance: (a) Article III, Section 100-31
for approval of insufficient road frontage; (b) Article III,
Section 100-31 for approval of insufficient area due to proposed
change in lot line[s]. Location of property: South side of
Great Peconic Bay Boulevard, Laurel, New York; bounded north
by Great Peconic Bay Boulevard, east by Pridgen, south by
Peconic Bay and/or Catalano and Estate of A. Cardinale, west
by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1,
13.2, 13.3.
Notice of Hearings
Board of Appeals - May 22, 1980
Page 2
8:20 P.M. Application of FRANK E. BROPHY, Second Street,
New Suffolk, New York for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for approval of the construction of
addition with insufficient front and side yard setbacks at
property known as 75 Second Street, New Suffolk; bounded north
by Jackson Street, east by Second Street, south by Woodard and
Wetzel, west by Martin and Third Street; County Tax Map Item
No. 1000-117-10-20.7.
8:30 P.M. Application of RICHARD and MARY LINDSAY,
435 Watersedge Way, Southold, New York for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission
to construct addition with insufficient frontyard at property
known as 435 Watersedge Way, Southold; bounded north by Waters-
edge Way, east by Debany, south by Little Peconic Bay, west
by Bourgin; County Tax Map Item No. 1000-88-5-59.
8:45 P.M. Application of KENNETH STRACHAN, JR.,
Peters Neck Road, Orient, New York for a Variance to N~w York
Towh. Law, Sec%5on 280A, for approval of access. Location of
property: Right-of-way off South Side of King Street, Orient;
County Tax Map Item No. 1000-27-4-9.
8~55 P.M.~ Application ~of KENNETH STRACHAN, JR.,
Peters Nec~ Road, Orient, New York for a Variance to the Zoning
ordinance, Article III, Section 100-32 for permission to
locate accessory building in an area other than the rearyard.
Location of property: Right-of-way off South Side of King
Street, Orient; part of County Tax Map Item No. 1000-27-4-9;
·
also referred to as Lot 2 of Property of Margaret L. Strachan.
9:10 P.M. Application of RENE GENDRON, Youngs Avenue,
Southold, New York (by Rudolph H. Bruer, Esq.) for a Variance
to the Zoning Ordinance, Article III, Section 100-31, for
approval of insufficient area. Location of properties:
Lots 9,.~11 and 12 at South Harbor Homes, Grange Road Extension,
Southold; County Tax Map Item Nos. 1000-75-4-9,10,12.
9:25 P.M. Application of FRANK and JACQUELINE WEBER,
2030 Jockey Creek Drive, Southold, New York for a Variance to
the Zoning Ordinance, Article III, Section 100-31, for permission
to construct dwelling with insufficient sideyards at property
known as 2030 Jockey Creek Drive, Southold; bounded north by
Jockey Creek Dr., ~east by WOhlberg, south by Jockey Creek,
west by Blackburn; County Tax Map Item No. 1000-70-5-21.
9:40 P.M.- Application of ROBERT W. BROOKS, Holmes Road,
East Lyme, Connecticut 06333, for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for approval of insuffi-
cient area, width and setbacks. Location of property: Winthrop
Drive and Reservois Road, Fishers Island, New York; bounded
north by Gada, east by Reservoir Road, south by Winthrop Drive
and Cleveland, west by Silver Eel Cove; County Tax Map Item
No. 1000-9-8-3.
9:55 P.M. Application of RICHARD ZEISLER. c/o ph~l~? .7
Ofrias, Jr., Esq., 737 Roanoke Avenue,'Riverhead~ New York 11901.
for a Variance to the Flood Damage Prevention Law of the Town
of Southold, Section 46-18A,B for permission tO-construct
flood hazard zone. Location of property: Jacksons Landing,
Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map
Item No. 1000-113-4-9.
Dated: May 7, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once, May 15, 1980
and forward 11 affidavits of publication to: Board of Appeals,
Main Road, Southold, NY 11971, before May 20, 1980. (765-1809)
Notice of Hearing was delivered personally to Suffolk Times and
L.I. Traveler-Watchman. Mailed notice to "The Day" Publishing Co
On Wednesday, May 7, 1980
Notice of Hearing to be held 5/22/80 was mailed to:
Mr. Marino Faraguna, 175 Park Ave, Berkeley Heights, NJ 07922
Mr. and Mrs. Emanuel Lorras, Depot La, Cutchogue, NY
Mr. Victor E. Catalano
Mr. Frank E. Brophy
Mr. and Mrs. Richard Lindsay
Mr. Kenneth Strachan, Jr., Peters Neck Road, Orient, NY 11957
Ms. Rene Gendron
Rudolph H. Bruer, Esq. as agent
~r. and Mrs.
o~s~ ~./~
Mr. Robert W.
Philip J. Ofrias, Jr., Esq. as agent for Richard Zeisler
I~OTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the Pro-
visions of the Amended Code
of the Town of Southold, the
following matters will be held
for public hearings by the
Board of Appeals, Town of
Southold, at the Town Hall,
Main Road, Southold, New
York on Thursday, May 22,
1980:
7:35 P.M. Application of
MARINO FARAGUNA, 175
l~ark Avenue, Berkeley
Heights, New Jersey 07922,
for a Variance to the Zoning
Ordinance, Article HI, Section
I00-31 for permission to con-
Struct dwelling with insuffi-
.ci_ent.sid_eyards at prope_rty
(by Rudohlp~H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Article III, Section
100-31, for approval of insuffi-
cient area. Location of pro-
perties: Lots 9, 11 and 12 at
South Harbor Homes, Grange
Road Extension, Southold;
County Tax Map Item Nos.
9:25 P.M. Application of
ERANK and~ JACQUELINE
WEBER, 2030 Jockey Creek
Drive, Southold, New York for
a Variance to the Zoning
Ordinance, Article III, Section
11)0-31, for permission to con-
struct dwelling with insuf-
ficient sideyards at property
known as 2030 Jockey Creek
Drive, Southold; bounded
north by Jocl~ey Creek Dr.,
east by Wohlberg, south by
Jockey Creek, west by Black-
burn; County T~tx Map Item
9:40 P.M. Application of
ROBERT W.' BROOKS, Hol-
-~mes Road, East Lyme, Con-
necticut 06333, for a Variance
to the Zonil~g Ordinance,
Article III, $~ff4on 100-31 for
approval of)i~sufficient area,
width and s~tb'acks. Location
of property!' Winthrop Drive
and Reservoir Road, Fishers
Island, New York; bounded
north by Gada, east by Reser-
Voir Road, south by Winthrop
Drive and Cleveland, West by
gtlver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
, 9:55 P.M. Application of
RICHARD ZEISLERT c/o Phi-
lip J. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead,
New York 11901~ tbr a van,
ance to the Flood Damage
Prevention Law of the Town of
Southold, Section 46-18A, B
for permission to construct
basement below the restricted
base flood elevation in' a
special flood hazard zone.
Location of property: Jacksons
Landing, Mattituck; LOt 7 of
Map of Jacksons Landing;
County Tax Map Item No.
RI' ORDER OF
THE SOUTHOLD TOWN
BOAR'/, OF APPEALS
Dated: May 7, _~980
1T, 5/15/80 (206)
CC'~L/NTY OF SUFFOLK
STATE OF NEW YORK Irc
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHIV~N,
a public newspaper printed at Southold, in Suffolk County;
Dnd 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
~uccessively,~/~,, commencing on the ..../.: ..................................
Sworn to before me this /~ . day
CLEMENT j. THO~PSON
NOTARY PUBLIC, State of ,~!~,~, ,'~!~
;k) 52.9321725
?vm~ in Suffolk i~,,':.
Legal Notice
(continued from page 18A)
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 hearings by the Board
of Appeals, Town of Southold,
at the Town Hall, Main Road,
Southold, New York on Thurs-
day, May 22, 1980:
7:35 P.M. Application of
MARINO FARAGUNA, 175
Park Avenue, Berkeley
Heights, New Jersey 07922, for
a Variance to the Zoning
'Ordinance, Article III, Section
100-31 for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 5675 Skunk Lane,
Cutchogue, New York; Lot 113
of "Nassau Farms" filed Map
#1179; County Tax Map Item
No. 1000-138-2-10.
7:45 P.M. Application of
EMANUEL & VENITA LOR-
RAS, Depot Lane, Cutchogue,
New York for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for permis-
sion to construct addition with
insufficient rearyard setback
at property known as 2135 Bay
Avenue, East Marion, New
York; bounded north by
Schwab, east by Massaro,
south by Vasquez, west by Bay
Avenue; County Tax Map Item
No. 1000-31-17-4.
8:00 P.M. Application of
VICTOR E. CATALANO, 22
Canterbury _Drive, Haup-
paug- New York 11787, for a
Vari ~ to the Zoning Ordin-
ance: ta) Article III, Section
100-31 for approval of insuffic-
ient road frontage; (b) Article
III, Section 100-31 for approval
of insufficient area due to
proposed change in lot line(s).
Location of property: South
side of .Great Peconic Bay
Boulevard, Laurel, NewYork;
bounded north by Great Pc-
conic Bay Boulevard, east by
Pridgen south by Peconic
Bay and/or Catalano and Es-
tate of A. Cardinale, west by
Croce and Keller; County Tax
Map Item No. 1000-128-6-13.1,
13.2, 13.3.
8:20 P.M. Aoplication of
FRANK E. BROPHY, Sec-
ond Street, New'Suffolk, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
the construction of addition
with insufficient front and side
yard setbacks at property
known 'as 75. Second Street,
New Suffolk; bounded north
by Grathwohl & Pugsley, east
by Second Street, south by
Woodard and Wetzel, west by
Martin and Third Street;
County Tax Map Item No.
1000-117-10-20.7.
8:30 P.M. Application of
RICHARD and MARY LIND-
SAY, 435 Watersedge Way,
Southold, New York for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
31 for permission to c(~nstruct
addition with insufficient
frontyard at property known
as 435 Watersedge Way, South-
old; bounded north by Waters-
edge Way, east b,- r)ebany,
south by Little P~ .c Bay,
west by Bourgin; C~,unty Tax
Map Item No. 1000-88-5-59.
8:45 P.M. Application of
KENNETH STRACHAN, JR.,
Peters Neck Road, Orient,
New York for a Variance to
New York Town Law, Section
280A, for approval of access.
Location of property: Right-
of-way off South Side of King
Street, Orient; County Tax
Map Item No. 1000-27-4-9.
8:55 P.M. Application of
KENNETH STRACHAN, JR:,
Peters Neck Road, Orient,
New York for a Variance to
the Zoning Ordinance, Article
II1, Section 100-32 for permis-
sion to locate accessory build-
ing in an area other than the
rearyard. Location of proper-
ty: Right-of-way off South
Side of King Street, Orient;
part of County Tax Map Item
No. 1000-27-4-9; also referred
to as Lot 2 of Property of
Margaret L. Strachan.
9:10 P.M. Application of
RENE GENDRON, Youngs
Avenue, Southold, New York
(by Rudolph H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Article III, Section
100-31, for approval of insuffic-
ient area. Location of proper-
ties: Lots 9, 11 and 12 at South
Harbor Homes, Grange Road
Extension, Southold; County
Tax Map Item Nos. 1000-75-4-
9, 10, 12.
9:25 P.M. Application of
FRANK and JACQUELINE
WEBER, 2030 Jockey Creek
Drive, Southold, New York for
a Variance to the Zoning
Ordinance, Article III, Section
100-31, for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 2030 Jockey Creek
Drive, Southold; bounded
north by Jockey Creek Dr.,
east by Wohlberg, south by
Jockey Creek, west by Black--
burn; County Tax Map Item
No. 1000-70-5-21.
9:40 P.M. Application of
ROBERT W. BROOKS,
Holmes Road, East Lyme,
Connecticut 06333, for a Var-
iance to the Zoning Ordinance,
Article III, Section 100-31 for
approval of insufficient area,
width and setbacks. Location
of property: Winthrop Drive
and Reservoir Road, Fishers
Island, New York; bounded
north by Gada, east by Reser-
voir Read, south by Winthrop
Drive and Cleveland, west by
Silver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
~ 9: 55 P.M_..~_.A~I~c ~JLi~II__ of
~A~J..Ofrias,~JL, E~
rtoanoKe. Avenue, Ri~;e_~h~-d-
New YOrk 1190i~ t0r~-'~K..~~-
iance to the Flood Damag~
Prevention Law of the Town of
Southold, Section 46-18A, B for
permission to construct base-
ment below the restricted base
flood elevation in a special
flood hazard zone. Location of
property: Jacksons Landing,
Mattituck; Lot .7 of Map of
Jacksons Landing; County
Tax Map Item No. 1000-113-4-9.
Dated: May 7, 19~0.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL '
File No ................................
To..~. )c..~.~. ~......~.....z...~. !~.L. ~.~
.f~..~!?.!~...V. o~5 ~ ~
.............. ~t'~'~ '~ h'~'~ .... h ~. ~ ( ~ o I
PLEASE TAKE NOTICE that your app!icatio~ dated .................. ~.~..~9 .~. ~
for pe~it to construct...~. ~. ~ ~,~ .......................................... at
~cation of Prope~y ~ A ~ ~ 0 N t5 K ~ t ~ ~ ~ ~ ~ ~
Hou~ No. Street Hamlet
Subdivision JAC~M~ ~N~td~ ~Z BO .~ .... .........
................. Filed Map No ................. Lot No..
is returned herewith and disapproved on the follow~g ~ounds.. ~.q~P5 ~...~.~ .....
..~... ~.~./. ~. ~ .... g..~.. ~...~'..~ ............
..... .....
Bufld~g Inspector
RV 1/80
-'. '-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:
I, (We) , Richard Zeisler
· '(Name of Applicant)
C/O Philip J. ofrias, Jr.. Es~. , 737
(Address)
R0ar~k¢.Avenu~, Riv~rhead, New York 11901
OF THE BUILDING INSPECTOR DATED ~'-30 ~O WHICH DECISION STATES:
HEREBY APPEAL FROM THE DECISION
LOCATION OF PROPERTY: ' Jacksons LandinG. Mattituck
(Street and-Hamlet)
TAX MAY DISTRICT 1000, SECTION 113 , BLOCK 4 ', LOT 9
NAME OF SUBDIVISION AND LOT NO. (if applicable): Map of Jacksons Landing, Lot #
FLOOD INSURANCE RATE MAP DESIGNATION: A-8 & C
PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED:
46-18(A)(B) (basement at~rabovebase flood elevation)
(I~d'i~ate the Section, Subsection and Paragraph of the Law by number)
THE TYPE OF APPEAL IS:
(xx} 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, ~d~ (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:
There is a basement stc~age area approximately 17' x 17' (289 sq. ft. ) where the basement
floor will be approximately 8 feet above mean sea level. The existing grade level at that
Doint is 7 1/2 feet above m~n ?-~=~'l~v~l.
(Continued on Reverse Side)
REASON FOR APPEAL
6. Good and sufficient cause exists for the granting of the relief
requested for the following reasons:
The eleven technical evaluations, relevant factors, and standards suggested to be
considered by Section 46-15(B) are not violated by, and are reasonably cc~pat~hle
with the applicants proposed structure. Furthermore the area below base flood
level will be constructed in such a manner so as to be impervious to structural
damage due to flooding.
Failure to grant the relief requested would result in exceptional
hardship for the following reasons:
While applicants lot is slightly over a half acre in size, almost 50% of the lot consists
of sand, meadow and salt marsh. Therefore for purpose of building location and usable
land area, ,applicant is dealing with what a~cunts to a 1/4 acre of land. The Flood
Damage Prevention Law of the Town of Southold recognizes the exceptional hardship which
might otherwise be i~osed upon the owners of such s~all parcels by basically providing
that variances might be more freely granted on parcels 1/2 acre or ~aller.
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.-- -'--- - --- - ~' --'-~-~-~ . z_- ......................
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS
Sworn to before me this 28th
~6-tary' P~blid) ~
day of April ·
~A~ ~ KOZERSKI ~
Notary Pc,~""~. State of New Y°r~
No. 52~S4~134. Suffolk County
Commission Exolres March 30, 19 ....
Robert Bayley
Associates
Architects & Designers
P.O. BoxY28-7- ,.~-.:~'¥
Southold, NewYork 11971
516-765-1547
Southold Building DePartment
Town Hall
Main Street
Southold, New York 11971
Re: Richard Zeisler Residence
Lot No. 7, Jacksons Land
Mattituck
Gentlemen:
This letter is re, v~rifythat the crawl space which
contains certain mechaniCal ~quiPment and which lies
below the base flOod elevatio~ o3 ll feet is floodproofed.
The concrete walls and floor are substantially
impermiable to the passage of wate~ the structural
slab is capable of resistir~ hy~. ~~.~k.~ d hydrodynamic
loads and the effects of buoy[~c~~~
T. Eayley ~v~ .o. ' ~
c~ Board of Appeals (ai'tention Linda
cc Richard Zeisler
8 L§l~-686-;~ L~ :euoqdelel
L L00L ~t~oA,v, eN
~ee~s 9 ~ ~,se~ S9
s;euS!seQ ~2
seielooss ,
XelXe ! eqot:!
Robert Bayley
Associates
Architects & Designers
RO. Box
Southold. NewYork 11971
Telephone: 516-765-1547
Southold Building Department
Town Hall
~in Street,
Southold, New York 11971
R~: Richard Zeisl ~e
~: . Lot No. ?, Jacksons Landing,
Gentlemen: ~
-This letter is tc lfy t
level of the Zeisler residen¢
base flood elevation is'floo~
The walls a~d !floor are
the passaEe of water and the. str~c
capable of resis~in~ h~
and the effects of buoyancy
In addition, door
is a water~ as required by th~ flood p~
statutes.
loads
Yours
g lg~-6g6-g [g :euoqdeleZ
1100 [ )PoA~eN
],eeJ1S 9 l lseN~ cjcj
sJeuO!se(] x2 CPe],!HOJV
' SOle!~oSSv
~el~i~[t lJeqott
~.~.':- ~:. :.'~ · '? e,:.,'~":~'?~..-.:~ ,.' ~.;,:~':: ..-.:::;.:-..y,:~.~., ~:tc-~.~:9.:C~ _~c--.~-. ..:~,~ :-....' ; - "?-~::-:' : :._'
:' · ":- ''F .'." : 7' ,~ "5.", ..'-~.~ ~.*~ ~.¥~ ~-."'~' ~-:' '~ :.~ ' ::.%..,' ."!'~ '. '~:~t~" *':' ' - ,.' ' ';:· ~ : .' ,. ~ ~ )~", '- :'-z
' - '':-C ..... '""'"..: ": .~,,..,. ~-,.-- ,'...''.:. :':.'.-., .:.'t~.':~ ,~' ,J~-';~'-? :C-~':.----.'-'- ;'-'- ' ' -, :.:';'~'..~
-. ~'. - ~_',-'-:-c2~:'- ..... /'.,'-.-~ , ~ .-- .!-~-.- %.',-: ,-' -':. . ' ~',:~;, ,,~-~f. .',~ 2 - . .,~. ~:-.~ -.. ..
, - ..?. -. ... ~--.' ~.?~ '~::~';.:':.%:C.Lt,';'~- ~"?::- -:-t- . ..... .- . :. --7,.:- . . ...-
. -- M.r~ R~chard Zeisler , ........... ~:..--., ~ , .' ............
, - ,~:. :7:.- ~ - ~.,..,~ ~..-r-..,;~. ~ ~'~ ~- ~:.~'~-;'~T~~: ~:-,~'-,-',', ;:' ,.;., ,: ~-'~ - '~4'" ." .~ ~:.~'",'-'_.'~,.'F.~..:;~
C/O Robez t Bayley .-... ............ ~.-. .- ...... ~'.--.,'.,,' ....... - - ' ,..'~x-;:z -~.,'-, .......
~0~0~' New' ~o~k.':."-'",':,' ,:~': ...... " '~'.'. ........... ' '', ........ ?~'.,' :-..
.' ~" .. ~,'. , '. '.. · 2_ ,'."' ~ ~ ~.'~.T .?.,.., .'~ . ' ' ":-~ :'.. . ~ .: '~:~- ' ' .:., ~-'.',~':'?~ ?.?~C,<.~.~.
· .'-..-.:. 'Re~:~:. Bull'.ding. Permit ~;10773Z, Development Permit 2F,.-,.~,.:. '~:.:..-~.~-~
/ '-'-':-' ""~':I~ ~eviewing y~'e'file, .-I ~ihd from our last inspection
- . ,and ghe survey'submitted to this'.'office amended March 21', 1981
the following: ' ' -
than the .~
' " ~ required 35 feet. One side yard cannot be less
than ~5 feet :( ]OO-~l ) .~ ::.~:..~ ....... :~'~.., ~'~, ., ~ ., ' '
" .... ' .... ~' yard.
...... ~.~ 2. 'lo . the required 50 feet
~ .-' ~ ''-3. "Extra decking has'.beon' built but never aDoroved or ~. ~
~ .~ .~ '~.,,.'-~.~' ~ ~..~ <~'~'::",.~ho -building permit amen'dod; , :...:: ~:: .: ":. ~ :.~ ~ .'~,~
~'~, :' ' ~'~"' : ' : .',. -- 7' -~' ~ .~.'~-' :~':"~:':~:':' ': ,:% .' '. ~- ~.' ' ' :' ~::' ~:': ~- ' :'~.!-'. :..: -:-~..,', ':' ' -,' ~ ~', ' ~:
7/::":~:~-~.:_-,~.:':"~:.::~' .6.'.~: The' iowost' floor level"now has 2' finished off rooms' .'.''{
'-'~':~-?~::~'.;~:'~'.'???.(~:"~-~hiCh waS'not"on tho approved .plans... One
- , , .:. .:~:~'- mooms definitely cannot be a habitable ~oom as i% has
'. ~ '."'. ~.~}}~;~:.::.:".-. n° r~equired s'econd.meanS'of egrees; ..... ~ ;".' ' .;:.,'"?.'
- . ' Ot.~,' 5; ~ou 'must"'Sabmit 'fr°m a"Survey ~r," arch or
' - ':~ :"-' .'.. · 5he actual'elevation above mean sea level of the l°weSt~"'?.
· ~'~' The Suffo~.' County license numbe~~'e_plumber
not been'received as required.~~ ]~-~"- .... : ....
. · , - ~ . --.. . .,.. -: -, . .. -... . . . . · . ~ . ~: '~:~ . . ., , . ~
· ~~ 7,.::..ReVering-to Hp. geSslees Zoning Board of Appeal
:" '. '~:-"" t'he Board a~¢er~ ~,, ~ ~~'~ves+'~a+~on and ~ ~ ~,qns~ec+~o~ of the
' ~' ~:.' ~,.~','.:-:'.:~: premises me'nti~ned the ..~pp'licants proposes "to use
~,A. %'~-,.,~y; : -~l'"' : ~'-~'~' ~ ~ ? -' ~:.~.5;'-,-;'~:* dr'. :~' ;:., ~..';' ':"~: ",-~¢ '= ~ ~' ~ ' ~' ~ ~ ~'~ , --~-'~?c~ *'~* ~'~' ': ~
Re:~ Buzld~no Permit ~t10773ZF Development ~ermzt-2F,;;,-,:'T~.':::j?:%'f?';~.~.:,;:'-".;';::;;.::
' 7.~;"~'2' 'i'~:'' ~W:'?-: ~ ',,~,.t.:~;.~..:~'.~,-:.;,~,.-,'¢;,~ .'.:; ? ~(~:',T~V;~-2~' 7 ~f ;~ :_').,~'.;~' ~.~? ;' :,~ L ' :,:,; ~i~;" ~ '-",~' ?, :' ~' ~'.:' '~.':;q ?~'; 7r ~ f~': ':';;'~'f' :~':~
·..~ ~ basement only for storage' and does not plan to Use ;;'-:"
..... same for electrical pumps, furnaces and other devic'e~"
;..~,,~,-~.~.~..~.nsp~or~Eepor.~s..~2.. f~nxshed~ rooms .and zn ~the crawl,.-~
- ' space a heat pump, two electric hot water hea~ers,' and a
......... electric water pump on the lowest level below the base
- flood elevation of 11 feet. I am asking the Zoning Board
- ~.~ of Appeals to comment if they have any objection to this
as they ~re not shown on the plans that was approved
The above ? i~ems must be co~ected before any use or
occupancy of this building can be granted. ~,~
.. -.,. . .,. ~.~;:. :~ ] ~ Sincere , -." ':.' ",~..= ', ?~' ::~:. ~,.~' '
: ~' .~.-'~::- , ..... George H. Fisher ~,:~ -, .~,~,
.,.. ~._; .....: .... -... ,'. ,. ,,,,. -. . - .. ~. Building Inspector
- .,-- .,' ... . ~- · -.~ ,. '~..,'; ,
TOWN OF $OUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
O
TEL. 765-1802
April 8, 1981
Zoning Board of Appeals
Town of Southold
Main Road
Southold, New York
Re:
Richard Zeisler, Varance Appeal FL2
Jackson Landing, Mattituck
Gentlemen:
I have attached a copy of part of Mr. Zeisler varance
and I have under lined some information. It reads that the
applicant "proposes to use the basement only for storage
and does not plan to use same for electrical pumps, furnaces
or other devices."
The inspector's report states that there are two finished
rooms in the basement. Also in the crawl space there is a
heat pump, two electric hot water heaters and a electric water
pump. The so called basement and crawl space are on the same
proposed elevation below the 11 foot base flood elevation which
the varance granted. The fi.nished rooms and units was not on
the approved building permit plans.
I have not received yet the confirmation of the finished
lowest floor elevation above mean sea level. (to be not less
than 7'6")
Mr. Bayley, architect, has given me a letter to verify that
the lower non-habitable level is flood proofed as required.
(Conditions of 1, 2 and 3 of the Varance) -The development
permit 2F was issued. (as condition 4)
Is any of the above contradictory to the varance you
granted Mr. Zeisler?
Yours Truly,
George H. Fisher
Sr. Building Inspector
GHF:jd
Enc.
COUNTY OF SUFFOLK
DEPARTMEI~T OF PLANNING
(516) 360-5206
l..£E2 £. KOPPE2LMAN
DIRECTOR OF PLANNING
July 9, 1980
Board of Appeals
To~n of Southold
Petitioner:
(1) Richard Zeisler (FL-2)
(2) James B. K~m~nsky (FL-3)
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
Cerald G. Newman
Chief Planner
~GN:Jk
VETERANS MEMORIA'I. HIGHWAY · ~AUPPAUGE, L. I.. NEW YORK ·
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals 765_1_809
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ....J~..~.L'.d...0.~..~.~.p~..~..~.~ ............... of the town of ..... ¢.0.~..~..0.~.4 ...............
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance ApJ:NlaZ No, FL-2
Richaxd Zeisler by
................ Amendment to the zoning ordinance Phil:l.p `T. O£rias, ,Tr.
................ Zoning changes ?3? RoallOke Av~l~
Riverhead, NY 11901
................ Special permits
X~ Variances Flood
Damage Prevention Law section 46-18A,B.
within 500 feet of: (check one or more)
~ ........... Town or village boundary line, or shore line Shorel~Tte-,~elB~, B~','ench of J~,~,. C~'eek
................ 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 constt'uct base~ent below the
restricte~ base floo~ ol~a~on to not loo5 ~ 5~ ~ve mean
seaZ~evel, s~Jeot ~o flo~pr~f~g r~u~~ts, e~. as sho~
on ~ attauh~ Decision filed July 3, 1980.
Date received by Suffolk County Planning Commission
File No .................................
(si~ned)
Secretary
Title
'WN OF S OUTHOLD
SHORT ENVIRONblENTAL ASSESSMENT FORUM
~o ~he ~roJec~ ai~e or p~/sica~y
2. W~L ~he~ be a '~jo= c~n~e
' ~u~ lar.~ fa~ fa~d an =he
a~ e~~ hod7 of wa~er? ..........
o: a~jacen~ sites°. · - · *
~ian~ or am~ species? ...........
7. W~ p~Jec~ reset ~ a ~.Jcr
W?,' prajec= have a ~Jcr elf et=
~.~ ~o be ~a~an= to the
9- W~ projec= adversely ~act any site
fu=~ rmcrea=icu~ :ppc~iuies~
'~ prcJec~ ~v~ ~.7 ~acu
P~R'S SItArS: ~ ~ T=~: Attorney
~ch~h
Zeisl~ ~ DA~: ~y 22, 1980
~S~G:
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS.BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure.
DESCRIPTION OF PROJECT
~ppeal No. FL-2. Application of RICHARD ZEISLER, by
Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY.
Location of Project: Jackson's Landing, Mattituck.
Map 6f Jacksons Landing, Lot #7. County Tax Map Item
No. 1000-113-4-9.
Permission Requested: To construct basement below the
restricted flood base elevation in a special flood hazard zone.
Documents on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax Map showing the subject property, &other documents as
may be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated: May 22, 1980.
PHILIP I. OI~RIAS.
~y 16, 1980
737 ROANOKR AVmNU~
P. O. BOX 402
RIVI~RHEAD. NI/W YORK 11901
Southold Town Board of Appeals
Southold, New York 11971
Attn: Linda ~Dwalski
Re: Appeal No. FL-2
Application of Richard Zeisler
File No. X-4969
~rL~a:
Pursuant to your letter of May 13, 1980 I have enclosed herewith the
Tidal Wetlands Notification Letter Approval issued by the D~C on March 21,
1980 together with a copy of their ~mendment letter dated April 1, 1980.
I understand that the Health Department Approval has just been obtained
and is uresently in the possession the architect, Robert Bayley.
I have been in touch with Mr. Bayley's office and a copy of that approval
will be forwarded to me. As soon as I have received it I Will get it to
your office the follOWing day.
Thank you very much.
Sincerely,
PJO:gk
Enclosures
cc: Richard Zeisler
cc: Robert Bayley Associates
P~$ulatory Affairs
Buildin8 40, S%K~
Stony Brook, HY 11794
(516) 751-7900
.Robert P. Flacke
CommiSsioner
A COPY OF TF_!S AUTHORIZATION MUST BE AVAILABLE ON PROJECT SITE
Robert T. Bayley
South~rRoad
P.O. Box456
Southo~, NY 11971
For:
Richard M. Zeisler
TWNL ~ 15272-0122
TIDAL I~TLAI~S NOTIFICATION LETTER ~3PP. OVAL
Dear Sir:
This is to inform you that we have revisited the notification letter (or
permit application) filed on 1/23/ 19 80 and have determined that
it will not be necessary to file a permit application (or secure a tidal
wetlands 'permit) to construct a one family residence and associated septic
system with Suffolk County Tax designation Dist. 1000, Sect. 113, Block 4, Lot 9,
(or Lot 7 of Jackson r~n~ng Subdivision) at southeast corner of Jacksons Landing
Poad, Mattituck, Town of Southold, Suffolk County.
Ass%-.ing you have obtained all other necessary permits, you may proceed
with your project adhering to the special conditions (if any) found on this
letter.
Applicant sb~ l be liable for any damage to adjacent watezway resulting f~-~
.~~~ tb~ pexm~tted oon~ruction. No const~,_ction, filling or.regrading
any further than ~' fran Jackson Landing Road. ~;There ~s to be minimal
distuzban~e to land between house ahd creek during construction.
~-/-~0 A.~-~'''t , Regional Permi: Administrator
~ Dfc. Date Issued
6/30/81
Expiration Date
cc: U.S. Army Corps of Engineers
NYSDEC Law Enforcement - Region I
· R%v~ York State Department of Environmental Conservation
Regulatory Affairs Unit
Bldg. 40, SUNY- Room 219
Stony Brook, New York 11794
516-751-7900
Robert F. Flacke
Commissioner
April 1, 1980
Robert Bayley Associates
P.O. Box 1287
Southold, New York 11971
Re: TW 15272-0122,' R. Zeisler
Dear Mr. Bayley,
Per your letter of 3/26/80 we are hereby amending the original Tidal
.Wetlands Notification Letter of Approval to state that no construction,
filling or regradingwill be done any further than 110' from JacksonLand-
lng Road on lot 7 - 9 Jackson Landing Subdivision.
Ail other conditions remain the same. A copy of this letter of modi-
fication should be kept with the original approval.
Very truly yours,
Daniel J. Larkin, P.E. :-,
Regional Supervisor of
Regulatory Affairs
DJL:RNT:ll
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
TELEPHONE (516) 765-1509
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
May 13, 1980
Philip J. Ofrias, Esq.
737 Roanoke Avenue
Riverhead, NY 11901
Re: Appeal No. FL-2
Application of Richard Zeisler
Dear Mr. Ofrias:
At a Special Meeting held May 7, 1980, the Board had
requested that approvals and/or recommendations be obtained
from both the N.Y.S. Department of Environmental Conserva-
tion and the Suffolk County Department of Health Services
regarding the subject application inasmuch as the property
appears to be wetlands, and is located in a special flood
hazard area.
If you could furnish the Board with copies of the
D.E.C. and County Health Department approvals and/or
recommendations, it would expedite the processing of
this application in order that a determination could be
made.as early as possible.
Thank you for your anticipated cooperation.
Sincerely yours,
iCH~RLES GR~GONIS, JR.
CHAIRMAN
By: Linda Kowalski
Secretary
0
Southold Town B.,o.,a rd of Appeals
-':IDUTHrlLD, . Y. 11971
TELEPHONE (,516) 765-1809
APPEALS BOARD
MEMBERS
,";C,:':7_;";T ;% G;LL;37;;-, JR., CHAiF, MAN
CHARLES GRIGONIS, JR. v Cha±rman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P. Goehringer
May 12, 1980
To:
N.Y.S. Department of Environmental Conservation
Attn: Mr. Robert Thurber
S.U.N.Y., Building 40
Stony Brook, NY 11794
Suffolk County Department of Health Services
General Engineering Services/Environmental Analysis
County Center
Riverhead, NY 11901
Re: Appeal No. 2 - Application of Richard Zeisler
Gentlemen:
This Department has received a complete application
regarding the subject appeal for permission to construct
basement below the restricted flood base elevation in a
special flood hazard zone, Flood Damage Prevention Law
Section 46-18A, B, at premises located at the end of
Jacksons Landing, Mattituck (Lot #7 "Map of Jacksons
Landing).
Pursuant to Section 617.4(c) of the N.Y.S. Environ-
mental Quality Review Act, your comments and recommendations
on this proposed project are~ requested as early as possible.
A public hearing on the subject application has been
scheduled for Thursday, May 22, 1980. We shall interpret
a lack of response by May 22, 1980 to mean. there is no
objection by your agency.
Enclosed are copies of the application for your
review. For further information, please contact our
secretary, Linda Kowalski at (516) 765-1809 or 1802.
Very truly yours,
CG: lk
CHARLES GRIGONIS , JR.
Chairman
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
May 1, 1980
TO'
Southold Town Zoning Board of Appeals
From- Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2 - Flood Plain, 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
cc-file
Enc./
Uudith T. Terry
Town Clerk
'APPF2kL TO THE BOARD OF APPEALS PURSUANT TO
THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION
LAW OF THE TOWN OF SOUTHOLD
Appeal No. , r~--~
Date Filed ~-///~0
! ·
APPEAL FROM DECISION OF THE BUILDING INSPECTOR:
TO THE BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y:
I, (~e), Richard Zeisler of
(Name of Applicant)
C/O Philip J. Ofrias, Jr., Esq., 737
(Address)
Roaqoke Avenue. Riverhead. New York 11901 HEREBY APPEAL FROM THE DECISION
THE BUILDING INSPECTOR DATED ~- 30 ~O WHICH DECISION STATES:
LOCATION OF PROPERTY: 'JacksonsLar~ina, Mattituck
(Street and-Hamlet)
TAX MAP DISTRICT 1000, SECTION 113 , BLOCK 4 , LOT 9
NAME OF SUBDIVISION AND LOT NO.(if applicable): Map of JacksonsLanding, Lot #7
FLOOD INSURANCE RATE MAP DESIGNATION: A-8 & C
PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED:
46-18(A)(B) (bas~_nt at orabovebasefloodelevation)
(Indicate the Section, Subsection and Paragraph of the Law by number)
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:
There is a basement storage area approximately 17' x 17' (289 sq.ft.) where the basement
floor will be approximately 8 feet above mean sea level. The existin~ ~rade level at that
POil'lt iS 7 1/2 feet abov~ m~,..~n ~il~=u~=l _' .
CContinued on Reverse Side)
REASON FOR APPEAL
6. GoOd and sufficient cause exists for the granting of the relief
requested for the folloWing reasons:
The eleven technical evaluations, relevant factors, and standards suggested to be
considered by Section 46-15(B) are not violated by, and are reasonably cc~pa~ihle
with the applicants proposed structure. Furthermore the area below base flood
level will be constructed in such a manner so as to be impervious to structural
damage due to flooding.,
7. Failure to grant the relief requested would result in exceptional
hardship for the following reasons:
While applicants lot is slightly over a half acre in size, almost 50% of the lot consists
of sand, _mead__ow ar~ salt marsh. Therefore for purpose of building location and usable
land area, ,~applicant is dealing with what anounts to a 1/4 acre of lar~. The Flood
Damage Prevention Law of the Town of Southold recognizes the exceptional hardship which
might otherwise be imposed upon the owners of such small parcels by basically providing
that variances might be more freely granted on parcels 1/2 acre or smaller.
8, Granting the relief requested will not resuit in increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances~ or conflict with existing laws or rules
and regulations. - '
STATE OF NEW YORK) ss
COUNTY OF SUFFOLK)
Sworn to before me this 28th
~N6-tary' P~blid) ~
day of
~AI~ ~L KOZERSKI
Notary PuW~. State of New Yor~
No, 52-484~3134, Suffolk County
Comml,~lon Ex01rea March 30~....
PHILIP J. OFRIAS, JR. /
April. . 19 80 ·
PHILIP J. OIORIAS. JR.
A'I'I~OBNEY AT LAW
737 ROANOKE AVENUE
P. O. ~OX 462
RIVRRHEAD. NEW YORK 11901
April 28, 1980
zoning Board of Appeals
Town of Southold
Southold, New York. 11971
Attn: Linda
Re: Richard Zeisler
File No. X-4969
With reference to the above matter I have enclosed herewith an Appeal
frcm the decision of the Building Inspector whereby a Develo~uent Penuit
was denied to Richard Zeisler for his pr~mises at Jacksons Landing,
Mattituck, New York.
I have also enclosed herewith a copy of the survey of the subject pr~nises
showing the contour lines relative to mean sea level ~ an elevation view
of the proposed structure.
If you have any questions or need any 8Dditional information please call
me.
Thank you very much.
Sincerely,
Philip J. Ofrias, Jr.
PJO: gk
Enclosures
!
!1
~L.F_.V.,AT~ON.I .~- ~'D-A%T')
I
SUFlroLK CO. HEALTH DEPT. APPROVAL
H.$. NO.
THE WATER SU~LY AND SEWAGE DIS~AL
~~1 ~C~ SYST~S FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
~O, ~.~ ~FFOLK CO. DEPT. OF HEALTH SERVICES.
~SUFFOLK COUNTY DEPT. OE HEALTH
~E LAND ~R'qEYOR'S IN~ SEAL OR
~ ~OSSED SEAL SHA~ NOT ~
- ~ GUARANTEE~ tNDt~ArED H~REON SHALL R~
ONLY TO IHE v'E~':50N FOR WHO~ THE
ow~
VAN TUYL. C.
LAND 5U~EYO"5
4
O
ZONE A8
(EL 11)
PRIVATE DRIVE
ZONE A8
IEL11)
I¢OLF
LAKE
FiOAD
'zON[
=RIVATE
DRIVE
~RIVATE
DRIVE
ZONE B
PRIVATE
JACKSON
:~RIVATE DR
)EER DRIVE
/
/
/
/
/
ZONE C
ZONE A8
(EL 11)
/
/
/
/
/
PENNSYL~ A
AVENUE
)AD
· Richard
Landing· Matt.
FL #2 ~ii
4/18/81!!
FL ~2 ~
Jackson's Landing, Matt. 4/18/81
.
Zeisler, Richard ~
Jackson's Landing, Matt. 4/18/81
Zeisler, Richard FL #2~
Jackson's Landing, Matt. 4/18/8]