HomeMy WebLinkAboutFL-13Southold Town Board of Appeals
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ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. FL-13
Application Dated February 24, 1983 (Public Hearing held
TO: Mr. and Mrs. James Idler
27 Anoatok Drive
Huntington, NY 11743
3/23/83)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on March 23, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
Request for Variance to the Flood Plain Management Law
Chapter 46, Section 46-7
The public hearing on this application was held on March 23, 1983.
Upon application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Hunting-
ton, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46,
Section 46-7 for permission to utilize area below the eight-foot minimum
required elevation for placement of electrical utilities and equipment in
this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion,
NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID
No. 1000-035-05-027.
The board made the following findings and determination:
By this application, applicants seek permission to place electrical
utilities within basement area below the eight-foot elevation above mean
sea level. The premises in question is located at the westerly side of
Maple Lane, East Marion, and is located partially in an A-7 Flood Zone
and partially in a B Flood Zone. Applicants propose to locate the
utilities a minimum of 20" from the foundation floor, which appears to
be approximately four feet above mean sea level. The board finds upon
viewing the area there are several homes in the neighborhood of the
subject parcel. The dwellings constructed on these lots are on lots
of a similar size, and the dwellings 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-half 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 appli-
cant; (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.
(CONTINUED ON PAGE TWO)
DATED: March 3~ 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. FL-13
Matter of JAMES AND DORIS IDLER
Decision Rendered March 23, 1983
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that JAMES AND DORIS IDLER, the applicants herein, be
and hereby ARE GRANTED a variance from the provisions of the Flood
Damage Prevention Law of the Town of Southold to construct a one-family
private dwelling with utilities in the basement area AS APPLIED FOR,
on premises located on the westerly side of Maple Lane, East Marion,
NY, and more particularly identified as County Tax Map Parcel No.
1000-35-05-27;
AND IT IS FURTHER RESOLVED, that pursuant to the provisions of
Section 46-16F of the Code, the applicant is hereby given notice that
the structure for which this variance is granted will be permitted to
be built with the utilities in the basement area below the base flood
elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor eleva-
tion;
AND IT IS FURTHER RESOLVED, that the Secretary to this Board
transmit copies of this determination to the applicants and to the
Town Building Department/Inspector.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki.
(Members Doyen and Goehringer were absent.) This resolution was
unanimously adopted.
RECEIVED AND FILED BY
APPROVED
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