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Home My WebLink About34334255 Private Rd. #1'0~ ' ~" 112 , Mattituck, NY ~~ # 3431 r e no v_a_t.io.n to]-e xceed - 5.0 , ~~ ~.~.~~--~:-, . Appeal No. Application TO: Michael 208 Fifth Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I,, N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS 3433 Dated November 2], ]985 Racz and Sail Dessim0z Avenue, New York, NY ]00]0 [Appellant(s)] J. Douglas Peix, 208 ~ifth A~e'nue, New York, NY lO0]O, as Agent At a Meeting of the Zoning Board of Appeals held on .September ]], ]986 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 Application of GAIL DESSIMOZ and MICHAEL RACZ for a Variance for approval of access, New York Town Law, Section 280-a over a private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York (over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. 1986 RACZ; WHEREAS, a public hearing was held and concluded on August 14, in the Matter of the Application of GAIL DESSIMOZ and MICHAEL and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property to which appellants are requesting New York Town Law, Section 280-a approval, is located in the 'A-80" Residential and Agricultural Zoning District as more particularly shown on site plan dated November 1, 1985, prepared by Peix and Crawford Architecture, contains a total lot area of 1.940± acres and lot width of 124+ feet, and is improved with the following structures: (a) single-family, one-story frame dwelling; (b) 12' by 22' garage located in the frontyard area; and (c) a 9' by 16' accessory building, as referred in Certificate of Nonconforming Premises No. Zl1990 dated October 11, 1983 (Carel DeLeeux and Edward Urbanello). This parcel is identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 4, and is referred to as 4255 Private Road No. 10 (Hallock Lane), Mattituck. DATED: September 19, Form ZB4 (rev. 12/81) 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3433 Matter of DESSIMOZ AND RACZ Decision Rendered September ll, 1 986 2. By this application, appellants request a variance pur- suant to the requirements of New York Town Law, Section 280-a, as more particularly shown on surveys, #3876-2 revised May 20, 1986, and Survey Map of Farm for Herbert M. Reeve Est. dated July 7, 1966, all prepared by Roderick VanTuyl, P.C., Surveyor. 3. The right-of-way over which appellants have requested 280-a consideration is situated at the north side of Sound Avenue, and extends in a northerly direction over lands partly of Simmons and partly of Harbes, a distance of approximately 4,000 feet, to the applicants' property. 4. Road Engineer Report No. 523 dated July 7, 1986 indicates as follows: The first 2200± feet is fairly level, with variable widths from 20 feet at Sound Avenue to 10 feet. The material in this area consists primarily of a mixture of sand, loam, with small, medium and large gravel. There are numerous 3" to 8" deep pot- holes. The next 400+ feet has similar materials as above with some potholes and depressions, and average road width of ll+ feet. The remaining distance varies from a flat profile to a plus grade, with some washout and backfill with large gravel. Material in this last length is sand, loam, small, medium and large gravel with occasional stone blend and averaging 11+ feet in width. The existing base, except for depressed areas, is hard- packed and stable. Corrections are recommended for improvement. 5. Appellants have also requested some relief from the greatest requirements normally placed for rights-of-way of this nature inasmuch as they are applying for a building permit only for renovation and repairs to the existing accessory structure (referred to as "cabin" without kitchen facilities). 6. It is noted for the record that the premises in question was the subject of a prior Appeal under No. 3431 rendered March 10, 1986, and that 280-a access is pending with the Town Planning Board concerning a division of land for Charles P. Simmons. 7. The board finds that under the circumstances, the improvements as noted below should be the maximum at this time, to allow for the issuance of a building permit for a renovation and repair of the existing accessory building, and the minimum for proper, sufficient, and safe access by emergency and other vehicles. In granting this limited 280-a variance, the board finds: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this dis- trict; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellant to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by Page 3 - Appeal No. 3433 Matter of DESSIMOZ AND RACZ Decision Rendered September 11, 1986 allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a variance pursuant to New York Town Law, Section 280-a, for temporary approval of access, B~E AND HEREBY IS APPROVED under Appeal No. 3433 concerning premises of GAIL DESSIMOZ AND MICHAEL RACZ, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this 280-a approval is limited requiring minor improvements to the right-of-way in order to allow proper issuance of a building permit for the renovation/repair of existing accessory (cabin) structure. No other building permits shall be issued for this property or other properties having this same legal access route until final 280-a has been filed and re-considered. 2. Improvements, within the legal perimeter of the right-of-way for a minimum width of ten (10) feet, without disturbance to nearby trees along the right-of-way, as follows: (a) commencing approximately 2200 feet north of Sound Avenue, regrade with bankrun having a 20% stone content; and (b) filling all potholes and depressions. 3. Continuous maintenance of right-of-way for safe and sufficient access by vehicles. 4. Any other building permits, new subdivisions, set-offs, or construction on this or other premises along this right- of-way shall also be subject to additional application for New York Town Law, Section 280-a, updated access approval. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was duly adopted. lk GERARD GOEHRINGER, September 19, 1986 APPEALS BOARD MEMBEP, S Gerard P. Goeln~r, Chairman Ser~e Doyen, Jr. Jsmes Dinizio, Jr. Robert A. Villa l~l~l C. Wilton Telephone (516) 765-1809 BOAP, D OF APPEALS TOWN OF SOUTHOLD April 20, 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 755-1823 Telephone (516) 765-1800 Mr, Michael Racz Ms, Gaii Dessimoz cio RDA International.~ Inc, 100 Vandam Street New. York, NY 10013 Re: Appl. No. 3a,33- Town*Law, K280A,(Right-of-Way) Dear Ms, Dessimoz and. Mr, Racz: This letter is a supplement to, our request..of: Februery 22. 199~ concerning the required improvements to the subjeet right-of-wey~ An inspection wes again, made,, and the right-of-way- wes found to be generally, in good condition with the exception of~: (a) placement with at least a good grade stone material for the first 100 ft. length of~ the right-of-wa¥~ and re-graded; and (b) all potholes- must be .filled with a good grade of stone..material~-- particularly those near pole.~t6, between Poles 10-~13. and Poles Pleese confim when ali of the above .has been completed. Very truly yours. GERARD P. GOEHRINGER CHAIRMAN cc: Building Department APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Ju~e 21. 199~ Mr. Michael Racz Ms. Gall Dessimoz cio RDA, International. Inc. 100 Vandam Street New York. NY 10013 Re: Appl. No. 3~33 - Town Law, 280A Update (Right-of-Way) Dear Ms. Dessimoz and Mr. Racz: This letter will confirm that we are in receipt of, your, request for a final inspection of the right-of-way which is the subject of the above appeal, and which right-of-way extends off the north side of Sound Ave.ue (Private Road ~10). The improvements recently constructed at the base of this: right-of-way are found to be acceptable, at this ,time. Please be aware that in the future, each and every lot along this access route will be subject to periodic inspection and update, before building permits or, certificates of occupancy are issued in order to determine, the need for maintenance and repairs to the right-of-way, The acceptance of the right-of-way, at this time is subject to the continuous maintenance and repairs at all times (as per New York Town Law. Section 280-A). and subject to other requirements set forth in the above-noted Appeal Application. We have furnished the Building Department with a copy of this memorandum for, their update. Very truly yours. CC: Building Department Planning Beard GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ser~ Doyen, Jr. Jsmes Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 22, 1994 Gail Dessimoz c/o PJDA International, 100 Vandam Street New York, NY 10013 Inc. Re: Appl. No. 3433 - Town Law, §280A (Right-of-Way) Dear Ms. Dessimoz: Upon receiving your letter, an inspection was made of the above referenced right-of-way. The right-of-way was found to be generally in good condition with the exception of: (a) potholes in between Poles 19 through 24, and (b) soft ground at the upper left turn at the north end of the right-of-way. Before this right-of-way may be accepted, the following is recommended: (a) fill all potholes {especially those found between Poles 19 through 24} with stone blend with stone content or crushed concrete; (b) replace top level and fill with stone blend or crushed concrete within the soft ground area at the northerly end of the right-of-way. Please confirm when the above has been accomplished in order that we may return for a final inspection. Very truly yours, GERJ~RD P. GOEHRINGER EDGECLIFF - PERMIT [EDG-1 {md} / PERMIT-l] c/o RDA INTERNATIONAL, INC. 100 Vandam Street New York, New York 10013 [212] 255 - 7700 I1 February 1994 Mr. Gerard P. Goehringer, Chairman ZONING BOARD OF APPEALS Southold Town Hall P.O. BOX 1179, 53095 Main Road Southold, New York 11971 FAX [516] 765-1825 TEL [516] 765-1800 Re: Appeal No. 3433 Matter of DESSIMOZ & RACZ Decision Rendered by ZBA on September 11, 1986 Re: Building permit application for permise.,at 4445 Ha[lock Lane Prive Road #10, Mattituck, N.Y. Surf. Co. ~tx Map # 1000-112-1-3 & 4 Dear Mr. Goehringer and Zoning Board of Appeals members: I recently applied to the Southold Building Department for two building permits. They have advised me [by a letter dated 26 January 1994 here afiached--marked B in the upper right corner] that a permit can not be issued until improvements have been made to the right-of-way as outlined in your decision of 11 September 1986 [page 3 of which is here at- tached, marked A in the upper right corner]. The improvements required [for a minimum width of ten (10) have been com- pleted on the fight-of-way. ao Commencing approximately 2200 feet North of Sound Avenue, the right-of-way has been regraded with bankrun having a 20% stone content; and b. All potholes and depressions have been filled. Continuous maintenacne of the right-of-way fox' safe and sufficient access by vehicles is being provided. Please advise me on the earliest date that your Board will be able to verify that this work has been completed to your satisfaction. Also, please alert me immediately, if you require any additional information. cc~// Bl~ding, Attn: Ed Peix & Crawford, ARCHITECTS / INSPF. CTOR8 Vincent R. Wi~sorek Telephone (51~) 76~1802 Ol~It~ OP BUIU~IlqG TOW~ O~ ~OUTHOLD ,.~an,m~- 2&r 1994 B Sovd~okl. New Y,m'k 11.971 Fax (516) 765.-1823 Telephone (516) 7~1~ ~ail Demm:~s c/o BDA International Xnc; 100 Vandam Street New York, N.Y. 10013 Re= Building permit a~plication for ~emises at 4445 Hallo=k ~ane Private Road tl0t ~a. ttituckF N.Y. Surf. CO. Tax Nap t1000-112-1-3 & 4 Dea~ ~e. Desshaoz; UpO~ reviewing Imur recent applicatio~s fo~ buildi~ Fermitm on the above deac~il~dpremia~s, ~became awaxe o£ a Zoning Board o£ ~ppeais decision rendexed ~r ll, 1986. ~ThedecASion atatom that no othec b~L~d~ugpe~L~s $11alXbe legal access ~oute until £i~A~ 280-A has h~en filed and re-consid~r~d. (cop~ o£ decision enclosed) If you have any qUemtions concerning Y~ matter, you may call b~ at the building department 765-1802, /ILD T~.~q BUILDING DEPT. (enclo6ure) co to~ Blue Spruce Building/ Page 3 - ApPeal No. 3433 DeclsJnn R~nder~d $~ptember alTowtng-the varlonc~, es conditionally noted below. A¢cordt.ngly, on motion by Hr. Goeh~lnger, seconded RE$OL¥£~, that a v0r~ence pursunn~ ~o Ne~ ~or~ Towfl Law. Sectton,~80-s, fop temporary approval of access~ BE FOLLOW/fiG improvements to ~he rlghLtof*w~ Jn o~de~ to allow p~opee issuance Of e building pe~m~ for ~he renove~ton/repaj~ of ex4stJng accessory CcabJn) s~ucture, fin other building permits shall be ~ssued ~or Chis property or o~her prQpe~ttes havln9 this s~e 1ego] ~cces~ route until · ' 2; tmp~ovements, ~thJn the legal perimeter Of the right-of-way ~or a minimum width of ken (10) feet, ' ~tthouc disturbance to neerb~ trees ~lon9 the rtght-of-~ay~ (a) commencing approximately 2~00 feet north of Sound Avenue, ~egrade v~th ba~un hav~ng ~ 2nS s~one con~en~ and (b) ft11~ng al~ potholes and depres~lens. 4. Any other bul]dln~ par~tt~ new subdlvlstafls, set-offs, or coflstructton on this or other premises along this right- of-we7 shall ~$so be sub,act to additional .application ~ew York Town L~, Se¢~lon gao,a, updated access approval. Vote o~ the Board; Aye.a: Hessrs. eoehringer, Gr19onis) Douglass. Doyen and sewtckl. Thls resolution was duly adapted.. Septemt~pr 19, 1985 SOUTHOLD TOWN BOARD OF APPEALS MATTER OF GAIL DESSIMOZ AND MICHAEL RACZ THURSDAY, AUGUST 14, 1986 PUBLIC HEARING 8:05 p.m. Appeal No. 3433 - Public Hearing commenced in the Matter of GAIL DESSIMOZ AND MICHAEL RACZ. Variance for neces- sary improvements over private R-O-W known as Hallock Lane. (Private Road #10), Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating the property dated July 7, 1966 and produced by Roderick Van Towl, P.C. indicating this long right-of-way which leads from Sound Avenue to the parcel which is presently on the Long Island Sound. And I have a copy of the Suffolk County Tax Map indicat- ing this and surrounding properties in the area. Is there some- body who would like to be heard? Just state your name for the record~ MR. RACZ: I'm Michael Racz. Even though you stated this so quickly, I think I understood most of it. That basically is our position. CHAIRMAN GOEHRINGER: What confused me was that I've seen this application before. Of course we had only addressed the one is- sue on this application which I believe the last time was the elongation of the building. So I thought I might have been read- ing the old application..for a.moment and that's the reason why I was somewhat confused and there was some shuffling. MR. RACZ: We modified the plans to strictly renovate the property based on that. So now their question is what do they need to do that. CHAIRMAN GOEHRINGER: Ok. We have to address the conditions that the Town Engineer has placed on the specific enhancement of this right-of-way. Is there anything that you would like to address concerning those? ltave you received a copy of his? MR. RACZ: Yes I did. Mr. Harmon, our neihgbor, has made a modi- fication to the road where he has cut a channel which would pre- vent~ a lot of those puddles which were there at the time of the inspection. So the road has already been substantially improved~ as far as that's concerned. In addition I don't know if you had mentioned that it hadn't posed any type of hazard. The fire de- partment and the police department have both been able to trans- verse the road without any difficulty and we are the only people that would be doing anything at that time. It's a competitive situation as far as the road is concerned. There's no way that he can change his watering routine because he has to have his irrigation come to the edge of the road. So it's going to water Page 2 - August 14, 1986 Public Hearing - Gail Dessimoz and Michael Racz Southold Town Board of Appeals MR. RACZ (continued): his side of the potato field and it's also going to water the road. So that's going to be a reoccuring situation. We can live with it. It doesn't bother us but it's quite a bit bet- ter. CHAIRMAN GOEHRINGER: If you remember when I had met you up there last (couple of years, I guess it was) January; at the time I had observed you were in a 4-whell drive vehicle. Is that correct? MR. RACZ: Possibly. CHAIRMAN GOEHRINGER: Because I was in my 4-wheel drive vehicle at that time and of course the road .... It was passable with a 4-whell drive vehicle at that particular time. That's what we are specifically concerned with; that 12 months of the year vehi- cles can get up. MR. RACZ: Well our neighbor on the right hand side has a standard 1-wheel drive no posy traction Volvo station wagon and he's never gotten stuck and the people on the left have standard vehicles. I just... That was a good excuse to get a 4-wheel drive vehicle. It hasn't really been necessary. CHAIRMAN GOEHRINGER: Ok. And there isn't anything in the engi- neers report that you would like to address as being somewhat pro- hibiting in your opinion? Something that we might have to address? MR. RACZ: The prohibited aspect of it is that the cost of construc- tion of the specification made would exceed the value of what we plan to do by a factor of maybe 5 not even 3 as I had mentioned. We just basically want to make that shack safe and fix holes in the roof and make it look decent because we have to look at it all the time. It's right in our front yard so to speak and what he is basically asking us to do is make this basically just a thoroughfare as far as an accessible So that's a hardship. I did say that we were unable to use this house (our c.o. which the shed does have) because of it's condi- tion. So in a sense, what we had planned on using when we pur- chased the place, we're not able to fulfill because we haven't been able to use that for any, not even storage because water gets in. CHAIRMAN GOEHRINGER: Did you, and I somewhat have mixed emotions about asking you this question. But have you approached your other property owners and indicated to them that they probably have no right to enter into a building permit with the Town of Southold without having this particular approval also and maybe they would consider sharing in some of the cost. MR. RACZ: Of repairing the road? ~ - August 14~1986 pd~iic Hearing - ~ Dessimoz and Michael Southold Town Board-of Appeals CHAIRMAN GOEHRINGER: Right. MR. RACZ: Well I hadn't thought of that because I don't know of anybody doing any construction. I had spoken to the farmer and the neighbor next door and they said they were willing to put in some effort into the road but I doubt they're ever going to bring it up to this particular standards of resurfacing and making it entirely a different type of road. Because of the fact that the farmer's irrigation is just going to make the same condition oc- cur over and over again. And we don't have any objection to his doing this. It doesn't make any difference to us. if there's water there we just go through puddles. CHAIRMAN GOEHRINGER: You are aware of the conditions that we re- quire the gentleman just to your east to construct a road. I'm talking about the conditions that we imposed upon him and then he had to construct a road based on those particular... I believe the road is the next one.~to the east of you. My mind escapes me as to who the... Pardon me. MR. RACZ: The Lenz property? On the Lenz? CHAIRMAN GOEHRINGER: I believe that was the... about an extensive renovation here. So we're talking MR. RACZ: Exactly. That's my point. That road was in reasonable condition. But yes it's an extensive renovation but they're talk- ing about building an entire house not just renovating a shack. There's a major difference. CHAIRMAN GOEHRINGER: Ok. We'll definitely look at the area of the conditions and see what we can.do in any case, to help you out but it is a very lengthy right-of-way. There's no question about it. MR. RACZ: It certainly is. I really feel that it is safe and it is transversible. We have had police come where there was a blackout in the town and they got up and down the road within five minutes. They responded to a false alarm but they did re- spond and the fire department came and medical enforcements when there was a chain fire, just a brush fire. It wasn't an active fire and they got there. We haven't had any problems getting up and down the road all the time we've been there. Even in the snow storms. CHAIRMAN GOEHRINGER: Alright. Thank you very much for coming in. Nice speaking to you. Is there anybody else who would like to speak in favor of this application~ Anybody like to speak against the application? Yes. Page 4 - August 14, 1986 Public Hearing - Gail Dessimoz and Michael Racz Southold Town Board of Appeals MS. WICKHAM: My name is Abigail Wickham. I'm not really speak- ing against the application. I'd just like to make a comment. I represent Charles Simmons who owns the neighboring farm to the east and on whose property a portion of this right-of-way, the easterly portion, is located. He would just like to ask that during any widening of the roadway if you require that, that the line of shrubbery and trees to the west of his house which has been there for many years, be avoided as much as possible and that any widening along that area extend to the west as much as possible along the phone poles. I didn't ~get a chance to speak to the gentleman about it before the meeting but I would hope that he wouldn't have any objection. CHAIRMAN GOEHRINGER: Can I just ..... (TAPE ENDED) CHAIRMAN GOEHRINGER: .... extremely helpful to have the specific area. I believe concerning a sign, staked. Possibly Mr. Simmons can flag those particular areas of concern. MS. WICKHAM: I have a survey that shows the trees and bushes al- so. CHAIRMAN GOEHRINGER: You do. You'll give us a copy. Would you indicate those to us in coloration or whatever? MS. WICKHAM: We have a blow up of that area done specifically for a Planning Board matter and I think that's what you're looking for. CHAIRMAN GOEHRINGER: Are they actually sitting within the right-of way or are they, to your knowledge? MS. WICKHAM: These are right on the, I would say within 2 feet of the edge of the right-of-way. So it is possible if you went over to the eastern edge of the right-of-way you could wipe them out and they have been there a long time and they do provide shelter for the house in terms of wind protection and shade. But the road way, I be- lieve could be improved to a width of 15 feet without taking them down. CHAIRMAN GOEHRINGER: Ok. I thank you very much. Is there any- thing else you would like to say concerning what Ms. Wickham said? Wait. You're going to have to use the microphone. We're taking this down. I'm sorry. MR. RACZ: I just saying we're hoping we don't have to touch the bushes at all. But certainly if anybody that is required to do it, we don't have any objection. But if Mr. Harmon would move them a few feet to the left. Not at all. Page 5 - August 14, 1986 Public Hearing - Gail Dessimoz and Michael Racz Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Ok. I thank you. Alright. Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. Ail in favor - aye (Transcribed from cassette tapes recorded electronically by Linda Kowalski, ZBA Clerk, during the meeting.) Nadia Moore~ To: Gerard P. Goehringer, Chairman Report No. 523 Southold Town Board of Appeals From: John W. Davis Date: July 7, Re: Appeal No. 3433 - Dessimoz and Racz (280A Application) 1986 Comments: The present access road from Sound Avenue to the south property line of Dessimoz and Racz is 4121! ft. (wheeled length). The first 2200± ft. is fairly level, widths are variable from 20 ft. at Sound Avenue to l0 ft.± at the end of the 2200 length. Average width = ~4 ft.±. The material in the road (2200 ft. length) consists primarily of a mixture of sand, loam, with small, medium and large gravel. There are numerous potholes in this first length, some are from 3" to 8" in depth. The next 400 ft. has about the same kind of material as shown above with some potholes and depressed areas holding water (could be from the adjacent irrigation system). Road widths would average about 1] ft. The remaining distance, 1521± ft. goes from a flat profile to a plus grade. In one location on the plus grade the road on the left side shows evidence of washout and backfill with large gravel. Material in this last length is sand, loam, small medium and large gravel with occasional stone blend. The ]52] ft. will average II ft.~ in width. Test holes were taken opposite utility poles. (See attached sheet for depths of road material.) The existing road material generally throughout, except for the potholes and depressed areas is hard packed and stable. The depths as indicated from test holes should be sufficient for a base course. The following corrective work is recommended to make the road suitable for emergency and other vehicles for the one lot access. ]. Road width 15 ft. as per 280-A requirement. 2. Do necessary widening where existing road is less than ]5 ft. in width. 3. Fill potholes, depressed areas and widening with sand, loam and medium size gravel. Gravel content to be 65%. This material must be well compacted. Otherwise potholes will bottom out in wet weather and light traffic. Crushed concrete could be used as an alternate for the above material. 4. Place a compacted ~" top course of 3/4" stone blend or crushed concrete on the 15 ft. width. The placing of a top course would add to the stability of the road. In the case of this access the top course may be debatable. John W. Davis Test hole locations, road widths, etc. - Access road to Dessimoz and Racz property. Distance to poles Road Depth of Type of Material from Sound Avenue Width Material Pole # I 48 ft. 20 ft. Pole # 2 194 ft. ~9 ft. Pole # 3 341 ft. 14 ft Pole # 4 50] ft. 16 ft Pole # 5 665 ft. 15 ft Pole # 6 839 ft. 17 ft Pole # 7 ~000 ft. 18 ft Pole # 8 ~170 ft. 17 ft Pole # 9 1302 ft. 17 ft Pole #10 ~422 ft. 12 ft Pole #11 1554 ft. 11 ft Pole #12 ]683 ft. ]0 ft Pole #13 1807 ft. ]0 ft Pole #]4 1934 ft. ~1 ft. Pole #]5 2065 ft. 12 ft. Pole #16 2183 ft. 10 ft. Pole #18 2460 ft. ~3 ft. Pole #19 2590 ft. 11 ft. Pole #20 2728 ft. ]0 ft. Pole #21 2850 ft. Il ft. Pole #22 2976 ft. ]0 ft. Pole #23 310~ ft~ 10 ft. Pole #24 3234 ft. 13 ft. Pole #25 3363 ft. ~ ft. Pole #26 3496 ft. 1~ ft. Pole #27 3608 ft. ~2 ft. Pole #28 3743 ft. ]2 ft. Pole #29 3873 ft. ]] ft. Pole #30 4011 ft. l] ft. Pole #31 412] ft. 12 ft. 2" on B.T. 5~' 7"+ 3"+ 6"+ 7"_+ 7"+ 8"_+ 6%" 6,,+ 6"_+ 6"+ 5"+ 61~_+ 6"+ 6"+ Sand, loam, medium size gravel Sand, loam, medium size gravel Sand, loam, medium & large gravel Sand, loam, medium & large gravel Sand, loam, medium & large gravel Indication of oiled dirt on gravel Sand. loam, medium size gravel Sand. loam, medium size gravel Sand. loam, large size gravel Sand. loam, large size gravel Sand. loam, large size gravel Sand. loam, small gravel Sand loam, small gravel Sand loam, small gravel sand loam, small gravel & stone blend Sand loam, small gravel Sand loam, medium gravel Sand loam, small amount of gravel No test hole Sand, loam, small gravel Sand, loam, small gravel & stone Sand, loam, small gravel & stone Heavy loam, small gravel & stone Sand, loam, small gravel & stone Sand, loam, large gravel in washout Sand, loam, large gravel in washout Sand, loam, large gravel Sand, loam, large gravel Sand, loam, small gravel & stone Sand, loam, small gravel & stone Average width ]2.9 ft. Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 14, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E. 0 · R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3433 PROJECT NAME: GAIL DESSIMOZ AND MICHAEL RACZ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ~ Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for necessary improvements over private R-O-W known as Hallock Lane LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road #13 N/s of Sound Ave., Mattituck, ~00-112-1-7 & 8 and to Parcel No. 1000-112-1-4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly rela[ed to new build- ing construction. NY FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. WICKHAm, WICK. HAM & BRESSLER, P.e. MAIN ROAD, P.O. BOX 14~4 MATT~TUCK LONG ISLAND NEW YOrK 1195~ 516-298-8353 August 15, 1986 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Variance applications - Property of Charles P. Simmons Property of Michael Racz Gentlemen: Enclosed is a copy of the diagram prepared by Roderick Van Tuyl, P.C. showing the existing shrubs and trees located on the easterly line of the right-of-way. It also shows the existing road improvement. There should be ample room to widen the road if required without interference with the vegetation. Very truly yours, cc: Mr. Michael Racz (w/encl.) CHARLES \ \ Southhold Town Board of Appeals Main Road, - State Road 25 Southhold, L.I., NY 11971 July 28, 1986 Dear Appeals Board Members, re: Michael Racz' Shack Improvem.~nt: Hallocks Lane; 280-a ~ariance This letter is to request relief from the road improvements required by the regulation 280-a in order to make minor, but necessary improvements to a small shack situated on my property on Hallocks Lane in Mattituck, New York. I fully intend to appear in person at my appeal hearing in August, but at the suggestion of a Ms. Linda Kowalski, I am furnishing you with this written information in advance. 1) The cost to improve this road to the standards specified by Mr. John W. Davis would exceed the value of the improvements ! wish to make by at least 300%. This not only would place an extreme financial hardship upon me; it would be way out of proportion to the home improvements I wish to perform. 2) The road in question is owned by Mr. Harbes, a farmer who we are on excellent terms with. He needs his road for operating his farm machinery. Moreover, his irrigation routine sprays water directly on the road on a regular basis, which will result in the creation of the same potholes we are being asked to repair. 3) The road as it exists now does not place any safety hazard on its residents. Both the Police Department (in answer to a false burglar alarm triggered by a town power outtage) and the Fire Department (in response to a clogged chimney) responded in record time. 4) The shack which we wish to repair has a C. of O. and its present condition prevents its use for any purpose, thereby causing us additional financial hardship. (We had counted on its use when we originally purchased the property.) 5) We are the sole people planning construction that we know of, so that our request for relief does not include construction by other parties. 6) Finally, the work which we wish to perform is very minimal, amounting to a repair of the shack to bring it to reasonable safety and cosmetic standards. (The shack is directly in our line of sight from our house facing the Sound.) The proposed use of the shack would be for storage and, in a pinch, occasional sleep-over guests. No kitchen facilities or other second tenant accomodations will occur whatsoever. Thank you for taking the time to consider my appeal. ! look forward to meeting with you personally at my appeal hearing. Hopefully, this letter will be helpful in the process of reaching your determination. Yours Truly, Mattituck, NY Business Address: 208 Fifth Avenue New York, NY 10010 July 28, 1986 Dear Ms. Kowalski, Attached is the letter you suggested I write. Would you be so kind as to see that it is circulated to the Board Members. Thank you for your concern and attention. Best Regards, Michael Racz~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 16, 1986 Mr. J. Douglas Peix Peix & Crawford 208 Fifth Avenue New York, NY lOOlO Re: Appeal NO. ~433 Dessimoz and Racz (280-a Variance) Dear Mr. Peix: Transmitted herewith for your file and perusal is a copy of the inspectio, n report of our road inspector received yes- terday. The public hearing on this application is expected for early August; and a confirmation will be sent to you as soon as the Board authorizes advertisement in both the Suffolk Times and L.I. Traveler. PleaSe feel free to call at any time if you have questions. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ~U~VEYSD ~0~ ~0.0 Tt'+le No. Tl,~,_q~- APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 9, 1986 Mr. J. Douglas Peix Peix & Crawford 208 Fifth Avenue New York, NY lO010 Re: Appeal No. 3433 Dessimoz and Racz (280-a) Dear Mr. Peix: Your letter of May 27, 1986 was received today and we would like to help clarify our request in the above matter. The surveys submitted concerning the above application were surveys prepared for other properties in the immediate vicinity of the Dessimoz parcel. The Herbert M. Reeve Est. survey dated July 7, 1966 depicts a traveled right-of-way partly over their lands. The most recent survey revised May 20, 1986 surveyed for Edward Urbaniello and Carel DeLeeuw indicates the lot with existing improvements to which approval of access is being requested. New York Town Law, Section 280-a requires approvals of' private rights-of-way before a building permit is issued. It is our understanding that your application for 280-a approval of access should continue to be processed since a building permit is necessary for certain renovations. Before requesting our road inspector to evaluate the base of the right-of-way under consideration, we wanted a confirmation from you in behalf of the applicants that the right-of-way for which you are requesting 280-a approval Page 2 - Appeal No. Mr. J. Douglas Peix June 9, 1986 3433 is the same right-of-way depicted on the Herbert Reeve Est. survey. The jurisdiction of the Board of Appeals is not to determine whether or not you have legal access but is to determine whether the access road is sufficient for accessibility by fire and other emergency vehicles. Our road inspector has been in the process of evaluation the access road and we expect his recommendations will be forth- coming. A copy of his report will be sent to you upon receipt. Please do not hesitate to call if you have any questions concerning this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk " ;PEIX & CRAWFORD A R £ H I T E £ T U R E 208 FIFTH AVENUE NEW YORK NEW YORK 10010 (212) 683-9888 I CDTTAGE - EXPEOIT1NG [Z COTTAGE ! LTR-1] ~,~w May 1986 Mrs. Linda F. Kowalski Zoning Board of Appeals Town Hal 1 53095 Main Road Southold. NY 11971 [516 765-1802 RE: Access to the Racz & Dessimoz property Map No. 1('"}~ Lot No. 112-"1-]¢4 Dear Mrs. Kowalsk:i.: Enc:losed please find a survey from Roderick Van ]u¥1 which confirms that the exl. sting right-of-way does lead to the lot which is owned by Racz and Dessimoz. (Please refer te my letter o~ 12 May which was addressed to Mr. Van Tuyl o~ which a copy was sent to you.) Am I correct in assuming that this enclosed document from Mr'. Van 'l-uyl negates 'the need for my cliecrts to obtain a variance "due to lack of access (State o'f New York Town Law Chap. 62 Cons. Laws, Art. 16 Sec. 280A Subsection 3.)"? It would seem to me that the enclosed map does confirm that there is acc:ess to the site. (My appeal was filed in your' office on 18 November 1985.) Could you please prepare a letter which I can sL, bmit te the Building Inspector so that I will not receive a disapproval from him on these grounds? I leek forward to hearin~ from you soon since my clients are anxious to obtain a building permit. Sincerely, cc: Mr. Michael Racz Ms. 8ail Dessimoz Encl esure PEIX '& CRAWFORD A R C H I I E C I U R E · 208 FIFTH AVENUE · NEW YORK NEW YORK 10010 * (212) 683-9888 Z COTTAGE EIPEDITING [Z COTTAGE / VANT-21 12 May 1986 Mr. R. Van Tuyl Van Tuyl and 'Son., Surveyors P.O. Box 8 Greenport~ N.Y. 11944 (516} ~77 0170 REi Z HOUSE. District 1000, Sec. 112, Blk. 1, L~t 4 Dear Mr. Van Tuyl: On the fifth of May I wrote to you with regard to the above property. At that time, the Zoning Board was apparently requiring that the right of way be staked out to show legal access. [Your firm prepared a survey of this property on 7 July 1966. I sent you a copy of this survey with my previous letter.] Since sending the 1966 survey~ my office has been in contact wi~h Ms. Linda Kowalski at the Zoning Board. In Eeading the deed with .her over the phone it was confirmed that the deed makes no reference to a specific location and width. Thus, Ms. Koswalski agreed that the right-of-way (sic.~ "Travelled Road and Right-of- Way") is wherever the existing road is. In order for my client, Mr. Racz, to satisfy the Zoning Board's requirements, he needs a drawing showing both his lot and the roadway. On this drawing there should appear the following note: "This right-of-way does indeed give access to the property owned by Michael Racz and Gail Dessimoz (District 1000; S~ct. 112; Blk. 1; Lot 4)." App~arently such an amended drawing will satisfy the Zoning Board,and should, therefore, make it possible for Mr. Racz to ~roceed to obtain a Building Permit from the Building Inspector. Z COTTAGE - EXPEDITING [Z COTT~ VANT-2] 12 Ray 1986 page This work negates the need ~or the road to be "staked." Could you please advise me on what your ~irm would charge to prepare the above described drawing and also what amount o~ time ¥'ou would need in order to cio this? Please r"eview this matter and get back to me at your earliest convenience with regard to this request. J. Douglas Peix cc: Mr. Michael Racz ~s. Linda Kowalski (516) 765 1809 JDP/mb Southold Town Board o£Appeals MAIN ROAD- STATE I~OAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 8, 1 986 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3433 - Dessimoz and Racz (280-a Application) Dear Mr. Davis: We have an application pending for approval of access over a private right-of-way located approximately 450 feet west of Aldrich Lane along the north side of Sound Avenue at Mattituck and extending in a northerly direction (partly over lands owned by C. Simmons and partly over lands owned by Harbes, who purchased from Entenmann). The lot in question to which access is requested is owned by Michael Racz and Gail Dessimoz, and is improved with an one-story house, accessory garage and accessory "cabin" structure as shown on the attached photocopy. Young & Young, licensed surveyors in Riverhead have advised our office that it is their belief that the right-of-way is not a descriptive right-of-way but is a traveled right-of-way as has existed over the years. It is also understood that the 280-a being requested in this application is fDr access to this residence, and that updated reviews will have to be made by the town as to appropriate 280-a for other newly built homes in the future. May we request your inspection, report and recommendations for suitable improvements to this lot for emergency and other vehicles. Thank you. Yours very truly, lk Enclosures GERARD P. GOEHRINGER ~v ~I R-MAN- / yLinoa Kowalski TOV/N OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 January 16, 1986 TO: FROM: SUBJECT: Jerry Goehringer, Chairman, Board of Appeals o,z Victor Lessard Exec. Admin. Request for STOP Order (Edward Harbes) Your memo, to the Building Dept., re- questing a stop order, on the Edward Harbes property has been reviewed by my office and I feel that a stop order is not warranted under the present con- ditions. Reviewing Mr. Harbes application for a permit to build a home indicates that Mr. Harbes has legal access to his pro- perty by way of Sound Avenue; a town ap- proved highway. Review also indicates that the prior owner, Mr. Entemann had applied for a sub-division but never followed thru on it. Until present conditions, to the property thange, I see no legal need to issue a stop order. If I may be of further assistance on this topic, please feel free to contact my office. VL:hdv APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. l"lC~'73 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Building Department Jerry Goehringer, Chairman, Board of Appeals January 15, 1986 Request to Stop Work Lack of 280-a It has recently been brought to our attention that a foundation for a new dwelling is under construction at premises now owned by Edward Harbes located along a private right-of-way referred to as Private Road #10, Mattituck; 1000-112-1-7. Please be advised that it does not appear that this right-of-way has approved access pursuant to New York Town Law, Section 280-a by either the Planning Board (which is reviewing a pending subdivision application for these premises) or by the Board of Appeals. It is therefore requested that all work be stopped by your office until such application has been made and finalized for approval of access. lk i, ±E5~ -%'~PECTION !,'/)UNDATION (1st) ,, ,UJDATION (2nd) iiOUGH FRAME & PLUMBING iNSULATION PER N. Y. STATE ENERGY C.ODE ~ INAL ADDITIONAL C O~ildENTF,: ~ORM N~. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1802 Examined ..... ;. ........ '., 19 ... ~2 ~/ t Approved -. ............... ,19... Permit No.. Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19 INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink aud submitted to tile Building Inspector, with 3 ~cls of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on prenffscs, relationship to adjoining premises or public streets m areas, and giv~g a det~led description of layout of property must bc drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such permit ;hall be kept on the premises available for inspection throughout the work. e. No bulldog shall be occupied or used in wkole or in part for any purpose whatever until a Certificate of Occ~pancy :hall have beeu granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department l'o[ the ssu: ce o[ ~ Bt drag 'ermit t ur~dant to thc Building Zone Ordinance of the Town of Southold,~uffolk Countv, New York, Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Fhc applicant agrees to comply with all applicable laws, ordinances, buihling ct~de, housing code, and re;relations, and to ~dmit authorized inspectors on prenfises and in building for necessary inspections. , ........... (~ign;ttHlc (~ applicant, or naHlc, i; :~ ~(~;'poration) 'ql:de whether applicant is owner, lessee, agent, architect, cn},,ille;'l, q, el el; J C(IlltI'Ht ~,,l, electrics;m, ~dulnher )r lmilder. N;ane of owner of premises .... .'?t4.~..e... ~.~..kd. 3.6 J~.. ~'.../~ ~. R. SRO.> ............................ (as on the tax roll or late:;[ II' applicant is a corporation, signature of duly authorized officer. ('Name and title of corporate officer) Builder's License No ...... o.,..,yf v ............... Plumber's License No ..... q?.~'. ? z .............. Electrician s License No .... r¢.~...y.t: ............. Other Trade's License No ...................... Location ofland on which proposed work will be donc. ~q,. ! ~. ~'(,-~.e ..... :~('oO. ~."! !'~'/~[ ......... e..P .... /q ,, louse Number Street I lamlet County Tax Map No. 1000 Section ..... ! i .'~. .........Block ..j ........... Lot ..... ~i~.. 7-~. ....... Subdivision ..................................... Eiled Map No ............. lot ............. (Name) State existing use and occupancy of premises and intended use ~md occupancy of proposed constrnction: a. Existing use and occupancy .g~... b. lntended use and , ~est~c, Z,,dul~¢ t , t, ,d~ ~ occ] oancy ....... " ' 3. Natu,re 9fw. lark (check which applicaO New Building ..."/:.. - .. Addition{t ....... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost '70 .1~ .~. (Description) ........ Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Nnmber 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 ............... Rear .............. Depth ............... Height ............... Number of Stories Dimensions of same structure with alterations or additions: [front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ... '.7. X ........ Rear . .2. tleight . Number of Stories . 9. Size of lot: Front ...~ ......... Rear ...................... D,epth ......... O. Date of Purchase .../t2-:l.~.77..~ ................ Name of Fonne~,r Ow~ner 1. Zone or use district in which premises are situated ..... ]'t. r c ~, cdev, { ~ ~ ....... 2. Does proposed construction violate any zoning law, ordinance or regulation: u o 3. Will lot be regraded ........ .:. ....q. ............. Will excess fill be removed from premises: Yes No ~. Name of Owner of premises h-...jr. ?. (3.e,~. ...... Address 2 ct 7 ~<~d. tq.~.,. ... Phone No.. ~2. ~t..~... ?.;.,.-~.. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ] ' .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from .~operty lines...G, ive street and block qumber or description according to deed, and show street names and indicate whether tcrior or corner lot. ATE OF NEW YORK, )UN'FY OF. ................ S.S ............................................... being duly sworn, depoqes and says that lie is thc applicant (Name of individual signing contract) ove flamed. is the (Contractor, agent, corporate officer, etc.) ......... saki owncr or owners, and is duly authorized to perform or have performed the said work anti to make and file this plicat on; that alt statements contained in this ~lication are true to the best of liis knowledge and belief; and that the ~rk will be performed in the manner set forth in t~c application filed therewith. ,om to before me this .......... ~ .~. ........ day of ...... .~.~ .......... 19 .(5'~ .... ................. NOTARY PI,J~ ~, ,'*~ of New ~ No. 4~7~C) :~olk County,.,.,.,.,.,.,.,.,.,ff"? (Signature of applicant) lmm Eq~re ~0,1~ ~'/ 3. Nature of work (check which appl~e): New Building ..."~.'..'... Add ......... Alteration .......... Repair .............. Removae-r ........ ..... Demolition .............. Other Work ............... .... '.7.0 + .~/~...(..~ ! (Description) ~,. Estimated Cost ...~ .-v .......................... Fee ........................... · - ' (to be paid on filing this application) ~. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage number of cars ,. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... '. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... ' Dimensions of entire new construction: Front ... '.~..~. ........ Rear . .'~ 3: .......... Depth . .~ '.-.-q- .......... Height ............... Number of Stories ..... 2- ... . ~. Size of lot: Front ...~ ......... Rear ...................... D,ept~ ..................... ~. DateofPurchase .../ta-r(?.7?.~ .............. NameofFonnerOwner .((,~.~:t . ~o,.~,:~ .4c~ ' Zone or use district in which premises are situated ..... ./'~. ~.c ?., ~.q ."'. !.' 9. ~ ...... ii. i. ii ii iiii ii ii i i i ii Does proposed construction violate any zoning law, ordinance or regulation: ...~. p ........................... Will lot be regraded ........ .:. .... ~.., ........... Will excess fill be removed frown premises: Yes No Name of Owner of premises . X;'...]J.q ~. ~.v,.~ ......Address ,~ .c/7.. c~.~r.4. )?.,.... Phone No.. ~2. %,-.... ~ ?..C.~.. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ........... t., .............. Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from ~perty lines. Give street and block r~umber or description according to deed, and show street names and indicate whether riot or corner lot. LL ~'o '~. ~- ~ -. ¢0, & ' VI'E OF NEW YORK, S.S ........ <~ ............................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) )ye named. is the ......................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~lication; that all statements contained in this ~pplication are true to the best of his knowledge and belief; and that the rk will be performed in the manner set forth in ti~e application filed therewith. ,om to before me th~ ................... day of ......... ., ............ 19... a~ Public ......... ~n .... County .... ................. ~ ~ ~ ~ ~ (Signature of applicant) l~m ~ ~0, ~ ~/ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N,Y. ]197] TELEPHONE (516) 765-'~809 TO: Building Department FROM: Jerry Goehringer, Chairman, Board of DATE: January 15, 1986 SUBJECT: Request to Stop Work Lack of 280-a Appeals It has recently been brought to our attention that a foundation for a new dwelling is under construction at premises now owned by Edward Harbes located along a private right-of-way referred to as Private Road #10, Mattituck; 1000-112-1-7. Please be advised that it does not appear that this right-of-way has approved access pursuant to New York Town Law, Section 280-a by either the Planning Board (which is reviewing a pending subdivision application for these premises) or by the Board of Appeals. It is therefore requested that all work be stopped by your office until such application has been made and finalized for approval of access. lk Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHON~: (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Mr. J. Douglas Peix Peix and Crawford Architecture 208 Fifth Avenue New York, NY lOOlO December 30, 1985 Re: Appeal No. 3431 - Michael Racz and Gail Dessimoz Dear Mr. Peix: This letter will action at our Regular above matter: confirm that the board took the following Meeting held December 12, 1985 in the RESOLVED, to recess the public hearing Michael Racz and Gail Dessimoz under Appeal receipt of the following: in the Matter of No. 3431, pending 1. Written response from the Soil and Water Conservation District of the U.S. Department of Agriculture, and 2. Four copies of a plan (to scale) depicting the square footage of the existing "cabin area," the square footage of the "cabin area" to be added, and the percentage over 50% being requested in this variance application. Enclosed for your information is a copy of the report from the Soil and Water Conservation District received Decem- ber 27th. Upon receipt of Item 2, supra, we will be in a position to readvertise this application and possibly Appeal No. 3433 for approval of access. Yours very truly, Enclosure Linda Kowalski COUNTY OF SUFFOLK PETER F, COHALAN SUFFOLK COUNTY EXECUT{VE SOIL AND WATER CONSERVATION DISTRICT December 23, 1985 STANLEY A. PAUZER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringert I am forwarding to you a report prepared by Allan S. Connell, USDA Soil Con- servationist on Appeal No. 3431, as you requested. If you need any further information, please contact me. Sincerely~ District Manager Enclosure Item for / CbC f :,~.~n/~.(emb c r ~ copies ) c_.., - ~.g~..a- for' Z~A United States Soil Department of Conservation Agriculture Service 127 East Main Street Riverhead, New York 11901 December 23, 1985 Mr. Stanley A. Pauzer Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan~ An on-site inspection was made of the proposed renovation of an existing cabin, located along Long Island Sound at Mallock's Lane, Mattituck, New York. The existing structure is located within 45 feet of the bluff edge. The proposed enclosed porch will extend out toward the bluff an additional 7 feet 9 inches. The bluff face is currently vegetated with a mixture of vines~ small trees and brush. This vegetation is providing fair to good protection to the bluff. One severe storm, however, could drastically change this condition. Erosion of the toe of the bluff slope could cause the entire bluff face to slide and erode away. Eventually the building could be in danger of falling into Long Island Sound, as is occurring on property to the west. Since the existing structure is not on a permanent foundation~ but is in fact supported by concrete blocks at the corners~ I would recormmend relocating the building to the south, in line with the north edge of the existing homesite. In this way it will be afforded the same protection as the house from erosion associated with the bluff. If I may be of further assistance, please let me know. Sincerely~ Allan S. Connell, District Conservationist The Soil Conservation Service SCS-AS-1 ~s an agency of the 10-79 Department of Agriculture PEIX & CRAWFORD A R C H I T E £ T U R E 208 FIETH AVENUE NEW YORK NEW YORK 10010 (212) 683-9888 Z COTTAGE - EXPEDITING [! COTTAGE / NOTICE-2] 6 December 1985 Mr. Gerard P. Goehringer Board of Appeals Southold Town Hall Main Road - S.R. 25 Southold, New York 11971 Re: Appeal # 5455 - Variance for Approval of Access {280-a} Dear Mr. Goehringer: As requested :Ln your letter o'F 25 November 1985 please find here enclosed four copies of a survey or plan showing the traveled portions of the subject right-of-way. I understand that with your receipt 04: these plans you will contract your town road inspector for his inspections and written report. I also understand that a copy of this written report will be ~orwarded to me when it is available. Sincerel y, J. /Do~ls Pei,, cc: Michael Racz & Gall Dessimoz Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI November 25, 1985 Mr. J. Douglas Peix 208 Fifth Avenue New York, NY lOOlO Re: Appeal No. 3433 - Variance for Approval of Access (280-a Dear Mr. Peix: This letter will acknowledge receipt of your recent applica- tion for Gail Dessimoz and Michael Racz for approval of access to their premises known as 4255 Private Road No. lO-Haliock Lane in the Hamlet of Mattituck, New York. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that four copies of a survey or plan showing the traveled portions of the subject right-of-way be submitted showing any variations in width and any trees or other obstructions within the boundaries of the right-of-way. Upon receipt of same, we will contact our town road inspector for his inspection and written report, a copy of which will be' for- warded to you when available, Please don't hesitate to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski NOTICE ~ HEREBY GIVEN, purmant to Section 2~7 of the. Town L~w ami the ~e of the~ ~ d ~ld, ~ followi~ ~1~ ~ will ~ held by ~ OF ~PEA~ at ~ ~ld To~ Hall, M~n ~ad, ~ld, ~ at a ~ar M~ i~ wmm~nci~ at 7:~ p.m. on T~DAY, AUGUST 14, 1~ ~ as follows: 7:35 p.m. Ap~al No. 3536 GEESE ~ PAT BRO~ Va~ ~ the ~ning Ordi- 31, Bulk ~h~ule, for ~rmis. ~ ~ ~ d~k addition dwe]l~ ~th r~uction of exist~ ~ nonconfo~ng si~ya~ ~t- ~, at 150 Bria~o~ Lane, Cuings, ~; County Tax Map Pa~I No. 1~436-1-3.' 7:40 p.m. A~al No. 3477 ~.IJ~ AND ~ERINE ~INS. V~an~ W thz ~ning ~n~, ~icle III, ~tion 1~1, Bulk ~z, for ~val of ~ufficient ~, wid~ ~d ~p~ of two ~ in this' p~ ~vision or ~t~ff of [~ 1~ along ~e north side of Main ~ad, ~ient, NY; 7:50 p.m. Appeal No. 3520 - ~OMAS SHALVEY. Vari~ ance to the Zoning Ordinance, Article lit, Section 100-31, Bulk l~hadUle, for approval ofinsufB- ¢i~lnt area, width and depth of two parcels in this proposed divi- sion or set-off of land lccatad along the ~outh side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2- 15 and 16. 7:55 p.m. Appeal No. 3532 ARTHUR AND BER- NAD~-I'I'~ BURNS. Variance to the Zoning Ordinance, Article III, Section~ 100-30iCl and 100- 32, for permission to construct acce~ry tennis court in the frontyard area, at 3525 Private Road //13 (right-of-way extend- lng off the end of Ruth Road), Mattituck; County Tax Map Par- /~1 No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 - GAlL DESSIMOZ AND MICHAEL HACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Halleck Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituek, New York, (over and along land$ of Charles Simmons and Edward HarbesL County Tax Map Parcels No. t 000-112-1 7 & 8, and to Parcel No. 112-1-4 County Tax Map Parcels No. ~.lh n m Annonl hlo .~5~[(] Property: 7? Pike Street Mat- ~,1~-~,~t,6 ............ ~YMONI~ -T.' 'GOODWIN: titu~k~'NYiCou~flyTax~!apP~r- ;ariances to the Zoning Ordi- nee: (1) Article III, Section 0-31, Bulk Schedule, for per- mission to construct kitchen ad. dillon with an insufficient wes- terly sideyard setback and insuf- ficient total sideyards; (21 Article Xl, Section 100-119.2(Bl for per- mission to construct kitchen and deck additiorm with an insuffi- cient setback from the highwater mark along Peconic Bay, at 4450 Peconlc Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE ERE- DEMEYER. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, ~or permission to locate single- family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. Lees- r ties of Property: West 8ida of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 pm. Appeal No. 3539 - MICltAEL liE RBERT. Special Exception to the Zoning Ordi- r~ance, Article III, Section 100- 30(B){ 161 for permission to estab- lish "Bed and Breakfast use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of ~1 No. 1000-140-2-23. Zoning }istrict: "A" Reaidenti~,~ m~d Ag- icultural. 8:25 p.m. Appeal No, 3442 - OHN J. NEWMAN. Variance ~ the Zoning Ordinance, Article 1, Section 100-119.2(Bl for ator and existing bulkhead !~ng James Creek, at 430 Y; County Tax Map Parcel No. 8:35 pm. Appeal No, 3535 - ORTH FORK FRI~NI~I OF uae premises for a special fund- ising event in conjunction with '.F and T.A. LaMorte, 895 :~rth Bayview Road, Southold, 8:40 p.m. Appeal No. 3478 - ECKY JOHNSTON, Vari. ,ices for: (1) Building In~poct0r- issue building permit allowing ork Town Law, Section 250-a, ,n Road, over land~ of Bokina, entitled of the Suffolk County Tax Maps as 1000-73-2-4, to premisel~ of Johnston, identified on the Suffblk County Tax Map~ as 1000-73-2-1. 9:00 pm. Appeal No. 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2iB) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenpert, NY; 1000-49-01.25.1. Zone District: "M-Light Multi- pie" Residence. The Board of Appeals will hear at said time and place all persons or representatives desiring to bo heard in each of the above hear- ings. Written commentz may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated; July 17, 1936. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TJy31-5317 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk _ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for__ 1 _ weeks successively, commencing on the 3 1 day of_ July 19_ .... 86 Principal Clerk Sworn to bourn me this NOTICE IS HEREBY GIV- the xaW of the ~ bf~ ~hOld~ the held by~ ~UTHO~D ~WN ~OF ~P~ at the ~uthold ~wn Hall, M~n ~, ~hol~ NY at a- ~ M~ ~ at 7:30 p.m. on. ~HURS~Y~ AUGU~ 14, 1~86 and as 7:35 p.m; Ap~ No. 353~ G~RGE ~D PAT BROWN. %ri~ce- ~ t~ ~ Or- din~ Article. 111, S~ion 1~31, Balk Sch~l~ mission to ~ns~ d~k addi- tion to dwel~ ~ ~u~ion o~ exhting ~ n0n~n forming sid~rd ~tback, ~ JS0 Bri~- 7~ p~. Ap~ N~ 3477- WILLIAM ~;~. ~ ~AND to the ~ni~ cie 111 ~o~1~1, B~k Sch~ul~ for ~p~ of ~suf~ 4~OUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that sh Editor, of THE LONG ISLAND TRAVELER-WAT( a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a print, has been published in said Long Island Traveler-W once each week for / successively, commencing on the ~3 / Sworn to before me this ficient area, width~d depth of 8:40 p.ra~.' Appeal No. two parcel~ in th~ ~po~' ~47$~CKY JOHNSON, division ~' '~; ~e~ ~e ~..~' '~ ~ ~1~ g~,(l) Buil~ ln- ~- .-,'~,,. ~$ .~,' ~ s~r' ~ ~:"~ buildin~ ''~itm mup ~ ~ .~s~. ~a~%~rcei ~ aCk'aPpel, ~d (2) ap- 7:50 p.m. ApPeal No. 3~20~ .~ mOMAS mALV ¥. to the Zonin~ Ord~_~n~e, .6xtiiL cie lU, s tt0n z00-ail;'Bulk , Schedule, for appto~l of imUf,~, ficient area, width I~l ~ two parcels in thia'proPo~ed'~ division or set-Off of land,! located along the south side oi Case Road, Cut~.ogue, NY~ Coe9O, Tax Mal~-.Pa.teel N~ !000-116-2-15 and NADETTE BURNS~ Variance to the Zoning Ordinance, Arti- cle II1, Section i00.30(C) and 100-32, for permission to coa- struct accessory tf, p-nis court the frontYard area, at 35Z · Private Road No. 1;~ way extcnding off'the end 01~ Ruth Road), MatUtuck; ty Tax Map Parcel 8:05 p.m. Appeal Np. 'GAIL ~ DESSIMOZ MICHA RA(:Z-Vaaan 7 for approval of~ N~?~ York ~.wn Law, '5~. On 280-~ as Private ~ Avenue, Mattituek~ New Yotk~ (over and alon~ ~ of Cl~ar~ Simmons and Edw~d Harbes); '-~unty Tax Map Parcel No. 1000-112-1-7 & 8, and to Parcel pro~L0f acCeSs in accordance with N~,~ York Town, Law, Sec- tion 280-a, over private way e~.,~, ding,from the n0rther- iy ~nd 6f Brid~e Lane Extension and Otegon Road, ove~ hnde of Rokina, identified on the Suf- folk County ~ Maps as !00-7:~.2.4, '~o 'premises of John~m~ k~n~ti~ on the Suf- folk C~unty Tax Maps as 100-?~.1.. · 9:00~ p.m. Appeal No '3513. s'r P EN SHILOWITZ. Variance' to the' Zoning Or- dinance~ Article XI, Section 100-11~2(B) for permission to co~tr~ct' condominium com- pl~.~[~jth!n '/5 feet of ~ ~ of Sixth Street, Oreen- [:)~t~-~' "MtLl~ht Multiple' 0r ^ppeals will he~ ~ salddme and place all ~ or represeatatives dear- ini t~ belhea~d in each of the, alX~'~hea~n~; W~tten com-. ment~:,n~v, also be~sobmitted pdi~ the conqudgn of the ' su~ hearing, ~r mote infor- mgflo% piease call 765;1.809. DatedtJuly 17, 19~6 BY ORDER OF THE SOUTHOLD TOWN BOAR~ APPEALS GERARD P. (.)~a~.. ~INGER, CHAIRMAN lotary Public BARBARA FORBFS ¥ l'ub~/c, State ~,1 Ne,v Yolk ssion Expires ~ ~/ 19 ~=~ 8:10 p.m. Appeal No. 3530- RAYMOND T. CoOODWiN. Variances tO the Zoning Or- dinance: (1) Article 111. ~ection 100-31, Bulk Schedule, for per-' mission to construct kitchen ad- dition with an insufficient westerly sideyard setback and in- sufficient total sideyards; (2) Ar- ticle XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an in-/ sufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533- JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article I11, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of or- dinary highwater mark along Orient Harbor. Location of Pro- perty: West side of Bay Avenue, Orient., NY; County 'lhx Map Parcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539- MICHAEL HERBERT. Special Exception to the Zoning Or- dinance' Article I11, Section 100-30(B)[16] for permission to establish "Bed and Breakfast usc;' an owner-occupied building, other than a hotel, where lodgin8 and breakfast is provided for not more than six casual, transient roomers, and renting of not mote than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3422- JOHN J. NEWMAN. Variance to the Zoning Ordinance, Arti- cle Xl, Section 100-119.2(B) for permission to construct addi- tions to dwelling within "/5 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No 3535- NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Arti: cie Ill, Section 100-30 for per- mission to use premises for a 'special fund-raising event in conj~ction; with:' fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 10~3-70-13-20 (20.1 to 20.21, inclusive). Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very~u.~. ~ Gl[RARD P. GOEHRI"NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3536 GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. 7:40 p.m. Appeal No. 3477 - WILLIAM-AND KATHERINE HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the north 'side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 - THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 - ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance, Article III, Section6~.lO0-30(C) and 100-32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along land-s of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 - Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 - RAYMOND T. GOODWIN. Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total sideyards; (2) Article XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. location of Property: west Side of Bay Avenue, Orient, NY; County Tax Map P.arcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539 MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use, "an owner- occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct additions to dwelling within 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises for a special fund-raising event ~n conjunction with fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Appeals 8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON. Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town extending from the Oregon Road, over County Tax Maps as identified on the Law, Section 280-a, over private right-of-way northerly end of Bridge Lane Extension and lands of Bokina,]~dentified on the Suffolk 1000-73-2-4, to premises of Johnston, Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1. Zone District: "M-Light Mul- tiple'' Residence. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTIO~ NEWSPAPERS: Please publish Thursday, July 31, 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail: Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE Mr. and Mrs. George Brown, 150 Briarwood Lane, Cutchogue, NY Anthony B. Tohill, Esq. as Attorney for Mr. and Mrs. William Heins Mr. and Mrs. Arthur Burns and Mrs. William Heins, Main Road, Orient, NY 11957 Mr, and Mrs. Arthur Burns, 3525 Private Road #13, Mattituck, Mr. J. Douglas Peix, 208 Fifth Avenue, New York, NY lOOlO for __ Gail Dessimoz 6nd Michael Racz, 208 Fifth Avenue, New York, NY Charles Matthews, Esq., Box 800, Huntington, NY 11743 Abigail A. Wickham, Esq. as Attorney Mr. and Mrs. Raymond T. Goodwin Mr. and Mrs. John Bredemeyer Mr. and Mrs. John J. Newman for Michael J. Hall, Esq. as Attorney for Becky Johnston Stephen R. Angel, Esq. as Attorne~ for Stephen Shilowitz Lawrence Storm, Esq. as Attorney for R. Strong and others Mr. and Mrs. Robert Strong, Woodmere address AND PAT BROWN 11935 NY 11952 RACZ lOOlO JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWNCLERK TOWN OFSOUTHOLD November 21, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3433 application of J. Douglas Peix for a variance. Also included is Notice ot Adjacent Property Owners; cover letter from Mr. Peix; CO and Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; authorization by Gail Dessimoz; tax map;survey; and copy of deed. Judith T. Terry Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-~ ~-~3 DATE ~//-'~/- ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......J........D..o..u. j~ ~ ~.s....P..e. ~ x. .............................. of ....... ~.0..8... ~ ~ ~...A..v..e..n..u..e. ..................................... Name of Appellor~t Street and Number ..................... .N..e..w....Y.p.~.~ ........................................................ ~J.~..~n~ ............ HEREBY APPEAL TO Municipal it,/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. --- DATED ...O..c.~.o..b..e.~....2..1.~...~..g...8.5. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ................. X.o.x.k.., .................. ......... !.9.gj..0 ....... Street and Number, Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for building alteration 1. LOCATION OF THE PROPERTY ...... .4.is..s...?.~.~.Y..~..~..e....~9..~.d...:....z..~...[.H~..z~.z..°..c..k....~..~g.?.].~...~.~.~.~.}.~9.k Street Use District on Zoning Map ...~.0..0..0. .......................................... 112.=Q1.~0.0.4 ........ Current Owner Gail Dessimoz & Michael Racz Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XIV. Section 1~0 - 14.1 R 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (V') A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) I~s no~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... (w') ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that the Owners wish to renovate an existing cabin to meet their family needs. (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because without a variance, access to the construction site would not be possible. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because without a variance, no building permit could be issued for any construction at the property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would simply permit access o£ vehicles associated with the proposed construction work. S'i-ATE OF NEW YORK . s[:o ;. Sworn to this ......... .I.2 ................................. day of ....... .;~ .~K..I ................................... 19 Notary PublicO ..................... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : J. Douglas Peix : : to the Board of Appeals of the Town of Southold : TO: .... PROPERTY OWNE~ YOU ARE HEREBY GIVEN NOTICE: ( ¢ 1. Tha~t,L~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ ~XRK~fx~K~Ve~e~X~Yo~X [circ le choice] ), 2. That the property which is the subject of the Petition is located adiacent toyour property and is des- cribedasfollows: 4255 Private Road # 10 [Hallock Lane], Mattltuck, Southold, NY 3. That the property which is the subject of such Petition is located in the following zoning district: 'A' Residential Agricultural Zone 4. That by such Petition, the undersigned will request the following relief: : ~ Permission to renovate existing Cabin; access to property is ~ by private road. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Section 100 - 141 B [X] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified abov· will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5.16) 765-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 18 November 1985 J. Douglas Peix Petitioner Owners'Names: Gail Dessimoz Post Office Address Michae il~anor Kirkup Birndorf Entenmann All Entrl~ MUST be in Ball I [pleasc Prm tj TO F ROM '~ ~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 40 CZaremont BlYd., HaYertown, PA 19083 461 West 21st St., New York, N.Y. 10011 1 3er±¢ho Plaza, Jericho, N.Y. 11753 All Entries MUST be in Ball Point or Typed ~ntries MUST be in Ball Point or Typed STATE OF NEW YORK ) COUNTY OF SUFFOLK) i~,../~' /[,) ~ / ~ t~ //.9 , being duly sworn, deposes and says that on the _,~[.~. day of /qJ69V'~U/141~,~/~_ , 1 9 ~.~'~- , deponent mailed a true copy of the Notice set forth on fhe re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Somhold; that said Notices were mailed at the United States Post Of- fice at ~_.~/-:4~, ~ jg;~7--~F__.~TF~c.:/q/[~/~-t~/offlhat said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of lltllga~, ,19 Notary Public ¢/ / Notary Public, Sta~e of New go~, (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~,~.w../.o.:. ~ e: ....... .t~- e . ~ /Q.O. /.~. . PLEASE WAKE NOTICE that your application dated .~.<f~-~. ~,C... .... .~.( ..... , 19.....~.~.'7 for -ermit to "~ ~O. ¢'.~:.~..QV~T.~. ~-<'~'/.ed~'..~ff-Ak~'..~'O-/.~7-,'~5~ ........ at Location of Property ~7(~ ff.~. ~'V~.~..~...'~,.j.~..(.ff/~/~c~''~-~'q) .... H~'~/":(~'~ ~t~e ~0~ .... Street nam et Co,~nty Wa,, Map No. lO00 Sectio,~ .../. ~..Z.. ....... mock .. ¢../ ......... Lot ..CY~..~ ....... Lot N~) -- Subdivision '-'-- Filed Map No - is returned herewith and disapproved on the following grounds ............ . ................ ./:...~yw,~-~a... 5.0. c.c. h'~..v.r?o~.c, ~.. ~..~. a,.TZ¢~ ?.. ~. · ......... ...¢~. ,d.T.~. ~ ~.¢ ~7..~.~. ~,- ............................. .Q~. ........ .~. . . ~ ........... .. ~ ~ ~ ~ .7:.~, ~. . . .~. .~. . . .~ . . · ............................... ............................... . . . ...... Bfiilding Inspector RV PEIX & CRAWFORD A R £ H I T E C T U R E 208 FIFTH AVENUE NEW YORK NEW YORK 10010 (212) 683-9888 Z COTTABE - EXPEDITIN6 [Z COTT~$E / COVER-2) 19 November 198o ~ Mrs. Linda F. Kowalski Zoning Board of Appeals Town Hal ! 53095 Main Road Southol d, NY 11971 [516] 765-1809 [§16] 7~5-1802 Dear' Mrs. Kowalski~ Thank you fmr your help and advice this past Thursday when I came in to make an appeal to the Zening Board. As you suggested at that time, I am herein making a separate application :in regard to Article XIV, Section 1()0-141B. Enclosed herein please find three ~3) notarized copies of Form ZB1. A) so enclosed :is the Proof of Mailing notice with the attached Certified Mail receipts. As required, I have also had this form notarized. I am also enclosing an additional copy c)f the No'Eice of Disapproval which I received from Mr. Hindenmann, the Building Inspector. Final].y, ae you advised, I am submitting a second, separate check for $75.00 -For the appropriate 'fee. If you need any additional information or if in order, please alert me immediately and I will satisfy your requirements. anything is not do my best to Look forward to hearing from you be able to place this appeal on the 5 and am hopeful that you may December calendar meeting. Encl osur'es cc:: Gail Dessimoz JDP/sl TOWN (DF S(')UTII¢)I,D OF'FICI~ ()F IYUIi. DING INSI'!jC'['i 'U. TO\VN IIALL SOUTIIOLD, NEW YOPdl CERTIFICATE O17 OCCUPANCY NONCONFORMING PRLMISES TillS IS TO CERTIFY that tim No. Z11990 October 11, /~/ Land /X / Building(s) /-/ Use(s) located at 6255 Private Road #10 (Hallock Lane) Street Hamlet Ma L t [ tuck 1983 shown on County tax map as District 1000, Section 112 , lYlock 01 Lot... 004 , doesQnot)conform to the present Buildin~ Zone Code of the Tow-n of Southold for the following reasons: the property has insufficient area; the garage, in located in the front yard; the cabin has insuF£icient side yard set back. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /'~/i,and /~_/Building(s) / /Use(s) existed on the effective date the present Euildin? ,5one _ouc of the Town of Southold, and may be continued pursuant to and .~;ub.ic. ct to'tile appl~- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon i~formatmn presented to the Building Inspector's Office, the o~,~p:m ~. and use for which this ca[e is issued is as follows: a private onc-l'amily dwe]t in~; w~ {b detached cabin and detached garage. This property is located in the 'A' Residential-Agricultural Zone. The Certificate is issued to of the aforesaid building. CAREL DeLEEUW & EDWAR1) URBANELLO (owner, }e~s-ee- ~--t-en~m~) Suffolk County Department of Health Approval no record UNDERWRITEf{S CERTIFICATE NO. no record NOTICE IS IIEREBY GIVEN that the owner of the above premises IIAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection bas been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and rem,la- tions. £~'uiid i n7 inspector ....... November 14, 1985 (Today' s Date) To: $outho!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Building Alteration Application of Oct. 21,1985 ~255 Private Road # 10 {Hallock Lane] Mattituck, Southold, NY 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 i,n the within appeal application: (please chuck crne box) [ ] May be located within 300 feet of tidal wet]and:~; ho%~ever, constructed along the water-lyin~ edge of this property is a bulkhead in very go~d condition and at least ].00 feet in length. ~ [ ] May b'e located within 300 feet of tidal wetlands3; 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 tiddi wetlands; and there is no bulkhead or concrete wall existing 'on the premises. not -[ x] appear Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does to fall within the jurisdiction of the N.Y.S.D.E.C.] NOTE: approval must be received an~! submit~6d your application can be scheduled fo£ a Sincerely yours, (Siona~,.~ please) j. Douglas Peix If proposed project falls wi~n D.E.C. jurisdiction, to our office before public hearing. lhe ~t.l.b. I. lIV Ol!,lllellt,~l (luallty I(~.'V[eW f~ re,il~Tres '~ub- mission Of this ft, rm, i~Jf~lFe an envtrontTlenta] r~,iewl~ll be made by this board be any action is taken. (al In order to answer the questions la this short ~AP is ts a~e,ln, ed that tho preparer wi1! uae c~rrentl? available ~fo~..~tJcn concernin~ the ~roJect and th~ ]'.kely i-.pacts o£ the action, It ia not expected that addit!Or.al 3tudle~, or cther investt&atlon~ will be u~dertaken. (b) II' any question has been answered Yes th~ p~ojoct mm¥ be ~t~t~tcant and cc~p!eted ~nvt~c~enta~ A~essmunt Fo~ ~ (c) IF all questlon~ have been answered ~o tt ~ [tholy tbJt th1~ project n(: n~gntficant. (d) .~vxronnenta[ l. W~I proJec~ reset Xna large phy=ical cb~nge to the project site or physically alter moro t~n 10 acres of land? , , , , , , , , · 2. Will there be a ~Jor change to any ~ue or unusual land fo~ fo~d on the site? , Yes X No ~, W~X pro~ec= al~er or ~ve · large effect on an existlng body of water? , , , , , , , Yes , X ~o &, W~I pro~ec= h~vo a potentially large Lm~ o~ ~o,~dwater quality? ' ' * ' ' ' · · · Yes X No ~, W~I proJec~ sl~ificantly'effect drainage ~ 6, Will project affect any threatened or endangered plant or an~v.~l ~pecle~? , . , , , , . · ., Yea X No 7. W~I project res~t in a major advormu effect on 8, W~i project have s major effect on visual c~ kno~ to be ~portant to the com. mun~ty? ' · * ~ Yea X )~o 9. Will project adversely ~pact any site or st~c~ ute of himtoric, pro-hl~toric, or pal6ontologlcal im~ortance or an~ site dosl~ated a~ a critical envlro~en~l area by a local ~goncy? , , . ~ y~m X No lO. W~i project have a major ~ffoct on ex~t~g o~ future recreational opport~qitie~ ' · · _ 'Tom _ X 11. Will project result in )~Jor troffic problems or cause a major effect to ex~ting transportation 12. Will project reg~arl7 cause objectionable oCor=, noise, glare, vibration, or e)ectrical di=tur~ anco an a ~es~t of the proJect'~ operation? . ., Ye~ , X 1]. Will project have any i~npact on p~b).tc health or safety'~ , , Yes X 1L, Will project Affect the existing co.unity b~ directly causing a growth in 2ermanent popula- tion of more than 5 percent over a period er have a mater negative effect on tr.e charact~ of the co~munit~ cr neighborhoodS.. Ye~ X 15. )~ there pt~blic cont, r~vers7 co~qimg the project~ Ye~ X ~o RDA Racz & Dcssimoz Associalcs, Inc. 14 November 1985 To Whom It May Concern: I, Gall Dessimoz, as owner of the property at 4255 Private Road #10 (Hallock Lane), Mattituck, do hereby authorize J. Douglas Peix to act as my agent in all dealings with the Zoning Board of Appeals, Town of Southold. Sincerely, 208 Fifth Average. New York. N.Y 10t}ll) (2! 2) 6869(100 Telex: 649532 RI)A NYK - 366 TO WHOM IT MAY CONCERN: DATE: I wish to disclose the following statement in the event the property in question should be pending a rea) estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a p~rt of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowal ski T ~OLO~ ............ F~OU¢- pL.A N-! ~6, AL.~.. : ~/,4'" '" 1~'0" H ! NDOi&I ~lilI2H£DULI~' #INI~ii ! MF_tlI~I~ n II ~II,I~ICrITY ,TYPE ~ I CV 3-0 2 P~TIO DOOR S C3! - 24~ 1 ~T. e' C21 - 2424 '" ~ cv ~-o ~ ~T~O 11 ~C 25 1 FIX~ ~TON CIRCE ' NOTE: All caaem~,*nt window, to be Weather ~hield Thin Fin doors %o be ~at~r Shield Clar-~ ~in Fin Trim units, trul-di¥id~d, ~b P~VAT IO~'q ILO'` 6OAb~ ; I/4q'~ I"CII I" " ~O'-O't ;ANI~- & CRA r [ ARCH ,T£CTUR, i .I~EW YORK 10010 . (212)