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HomeMy WebLinkAbout3431Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 343] Application Dated November ]4, ]985 (Public Hearings TO: Mr. J. Douglas Peix as Agent for GAIL DESSIMOZ AND MICHAEL RACZ 208 Fifth Avenue New York, NY lOOlO 12/12/85 and 2/6/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 10, ]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 [X] Request for Variance to the Zoning Ordinance Article XI , Sections 100-I]8(E) and 100-]19.2 [ ] Request for Application for GAIL DESSIMOZ and MICHAEL RACZ for Variances to the Zoning Ordinance, Article XI, Sections lO0-1]8(E} and 100-119.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY~ County Tax Map District 1000, Section 112, Block 01, Lot 004. WHEREAS, public hearings were held on December 12, 1985 and then concluded on February 6, 1986, in the Matter of the Application of GAIL DESSIMOZ AND MICHAEL RACZ under Appeal No. 3431; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been public opposition as noted in the verbatim trans- cription of the hearings in this matter; and WHEREAS, the with the premises (A-80 Residential board members have personally viewed and are familiar in question, its existing structures, present zoning and Agricultural), and the surrounding area~ and WHEREAS, the board made the following findings of fact: 1. The property in question is located along a private right- of-way known as Private Road #10, or Hallock's Lane, Mattituck, extending approximately 4098 feet north of Sound Avenue and thence in a westerly direction 153 feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 4, contains an area of 1.940+ acres and lot width of 124± feet, and is improved with the following structures as shown by architectural plan dated January 2, 1986 prepared by Peix & Crawford Architecture: (a) single-family, one-story frame dwelling; (b) 12' by 22' garage (CONTINUED ON PAGE TWO) DATED: March 18, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 Appeal No. 3431 Matter of GAIL DESSIMOZ AND MICHAEL Decision Rendered March 10, 1986 RACZ located in the frontyard area; and (c) the subject 9' by 16' structure located in the rearyard area within 45' of the bluff area along the Long Island Sound. 3. By this application, appellants request permission to enlarge and renovate the existing 9' by 16' accessory structure for sleeping quarters without kitchen or cooking facilities, and accessory and incidental to the existing single-family use of the premises and not to be operated for gain or rental/business purposes. 4. Appellants propose an enlargement of the subject accessory "cabin" structure of 250%, or 500 square feet, for a total square footage of 662.75 feet, at a height not to exceed 16' (exclusive of roof construction), as shown by architectural plan dated January 2, 1986 received January 6, to be located within 45 feet of the existing bluff area along Long Island Sound. 1986, the 5. The proposed first floor plan consists of a size of 20' by 20' for a bedroom, closet, alcove, bath, storage, entry porch areas, and enclosed porch projecting 7'9" by ll' wide along the northerly side; the proposed second floor plan consists of a bedroom, bath, closet, stairway, and open deck area. 6. For the record, it is noted that the structure in question is not on a permanent foundation and is supported by concrete blocks at the corners, and is shown on the Town's property assess- ment card as "O.B.", or outbuilding. 7. Although there is a Certificate of Occupancy for Noncon- forming Premises dated October 11, 1983 under No. Z-11990, an affidavit has been submitted for the record from an adjoining property owner stating that the "cabin structure" was moved to its present location some 15 years ago, and later bathroom facilities were installed for swimmers. It may be questionable at this point in time due to the poor condition of this structure as to whether the use of same was continuously used and not abandoned for a two-year period of time. 8. For the record, it is also noted that a review and report has been made by the U.S. Department of Agriculture, Soil Conservation Service, dated December 23, 1985 indicating that erosion of the toe of the bluff slope could cause the entire bluff face to slide and erode away, and the building could be in danger of falling into the Long Island Sound (as is occurring at premises to the west). 9. It is the opinion of this board that the practical difficulties demonstrated by the appellants are not sufficient to warrant the granting of the variances requested under the circumstances. In considering this appeal, the board has determined: (a) that the relief requested is substantial in relation to the zoning requirements, being 250% of a variance from the provisions of Section 100-118, and more than 100% of a variance from the provisions of Section 100-119.2; (b) that this proposal is not consistent with those generally existing in the neighborhood and there will be a substantial change in the Page 3 - Appeal No. 3431 Matter of GAIL DESSIMOZ AND MICHAEL RACZ Decision Rendered March 10, 1986 character of this district; (c) that the practical difficul- ties demonstrated are not sufficient to warrant a granting of the relief requested; (d) that the public health, welfare, safety, order, convenience of the town will not be served by granting the relief requested; (e) that there is another method feasible for appellants to pursue other than a variance to provide additional sleeping quarters, within the main building; (f) that the spirit of the zoning ordinance would not be served by granting the relief as applied under Appeal No. 3431; (g) that the safety of the occupants of the structure in question will be endangered in the event of a change in the toe of the bluff or substantial erosion; (h) that the interests of justice would best be served by denying the variances in their entirety. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3431 in the Matter of the Application of GAIL DESSIMOZ AND MICHAEL RACZ to enlarge and renovate nonconforming '~cabin" structure within 100 feet of the bluff along the Long Island Sound and in excess of 50% as provided by Sections 100-118 and 100-119.2 of the Zoning Code, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. lk GERARD P. GOEHPvt/NGER~HAIRMAN March 18, 1986 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold~ the following public hearings w[iI be held by the SOUTHOLD TOS~W BOARD OF APPEALS at the Southoid Town Hail, Main Road~ Southoid~ NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY ~ FEBRUARY 67 1986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from l/9/86). ?:40 p.m. Appeal No. 3446- MARGERY D. BURNS. Variance to the Zonin§ Ordinance~ Article VII~ Section 100-?0(C)(I) for permission to construct accessory inground swimmingpooi upon premises known and referred to as 53245 Main Road~ Southold, NY~ presently zoned "B-l" General Business; identified on the Suffolk County Tax Maps as District I000, Section 61~ Block 0I~ Lot 008. l. 7:45 p.m. Appeal No. 3196 - WALTER HAIRSTON~ (Estate of). Variance to the Zoning Ordinance~ Article III ,Section i00-3l: Bulk Schedule~ for approval of two parcels (with existing dwellings)having insufficient area ~ width and depth. Location of Property: West Side of~arroll Avenue~ Peconic~ NY; identified on the Suffolk County Tax Maps as District i000~ Section 74~ Block 3~ Lot 10. 7:50 p.m. Appeal No. 3454 - kLICE D. CURRIE. Variance to the Zoning Ordinance~ Article III~ Section iO0-3l~ Bulk Schedule~ for permission to construct addition with an insufficient rearyard setback at 1815 Soundview Avenue, Southold~ NY; County Tax Map Parcel No. 1000-59-06-019.l. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Ordinance~ Article III~ Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 5?5 Old Harbor Road~ New Suffolk~ NY; County Tax Map Parcel No. 1000-117-3-6. 8:00 p.m..Appeal No. 3444- JOSEPH AND FRANCES GRASSO. Variance to the Zoning Ordinance~ Article III ~ Section 100-32 and Article XI Section 100-119.2~ for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wetiands~ at 7145 SoundviewAvenue~ Southold~ NY; County Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMES, INC. Variance to the Zoning Ordinance~ Article III: Section 100-3I~ Bulk ScheduIe~ for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road(off the south side of Soundview Avenue), Peconic: NY; identified on the Suffolk County Tax Maps as District 1000~ Section 59~ Block 9~ Lot [8. o Page 2 - Legal Nctice of Hearings Southold Town Board of Appeals Regular Meeting - February 6~1986 8:10 p.m. Appeal No. 3383 - ANNA PACIFICO. Variances to the Zoning Ordi- nance: Articles: (a) III, Section lO0-3l~ Bulk Schedule for permission to construct addition with an insufficient sideyard setback~ (b) III: Section 100-3l: Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements~ (c) XI Section 100-[19.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive~ Southold~ NY; County Tax Map Parcel No. [000-53-05-034~ (also known as Lot ~13~ Map of"Southold Shores," Map Bio. 3853. 8:20 p.m. Appeal No. 342I - 3OSEPH Z1ELONKA (ESTATE OF). Variance to the Zoning Ordinance~ Article III~ Section 100-30: and Article XI: Section lO0-ll8 ~ for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses f.n addition to two dwelling uses. Location of Property: 27475 lVlain Road~ Cutchogue: NY~ County Tax Map Parcel No. [000-102- 01-13. 8:25p.m. AppealNo. 3431-~AiLDESSIlvlOZANDMICHAELRACZ. Variances ~to the Zoning Ordinance, Article X~ Sections lO0-lla(E) and 100-119.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within I00 feet 4 of bluff along the Long Island Sound~ p:~emises known as 4255 Private Road #10 (Halleck Lane) ~ lViattituck~ NY; County Tax Map District 1000~ Section ll2~ Block 01, Lot 004. (Hearing recessed from December 12, 1985) . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information~ please call 765-1809 (alt. 1802)o Dated: January 2l~ 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRIVlAN INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: Thursday~ January 30~ 1986: and forward nine affidavits of publication to: Board of Appeals, Main Road, ~,9' Southold: NY 11971. (on or before February 3rd) 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 80UTHOLD TOWN BOARD'OF APPEALS. at the Southot.d Town Hall, Main Road, Southold, NY at a Reguqar Meeting commencing at 7:30 p.m. on THURSDAY, DECEMBER 12, 1985, and as follows: 7:35 p.m. Application of EDWARD AND-NORMA BURTON, 12960 Main Road, East-Marion,- NY for a Var.iance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory storage shed in an area-other than the required rearyard at premises known as 12960 Main Road, East Marion, NY;County Tax Map District 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance-to the Zon-ing Ord.inance,-Article III, Section 100~31, Bulk and Parking Schedule, for approval of insufficient area of proposed farcels t and '2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main Road,-Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JANES AND MARY TYLER, 625 Marratooka Road, Matt.ituck,-NY for a Special'Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4'] for permission to establish and build public_garage at premises known as 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:50 p.m. Application of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordi- nance,.Article III, Secti6n lO0-31, Bulk Schedule, for approval of _ the construction of greenhouse addition with an insufficient setback from the south(easterly) si~e line at not less than 16 feet, and with insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Section 125, Block l, Lot 2.018. Page 2 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals 7:55 p.m. Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5°20± acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordi- nance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section lO0-30(C) for permission to erect a wind tower exceeding 18 feetiin height fo~ the purposes of producing electricity, at -premises known as-35675 ~Ro.ute 252 Or-ient, NY~ County Tax Map District 1~00, Section 19~ Block 2, Lot lO. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix~ 2.08 Fifth Avenue, New York, NY lOOlO, for a Variance to-the Zoning Ordinance~ Artic-le XI, Sections-lO0-118,(E) and 100-119~2, for: (a) permission to renovate and expand ~ existing -nonconforming cabin Lguest co-ttage without ~~~-~ facilities] exceeding 50% of value a~d]sq~are footage-of same as exists; (b) permission to cosstruct addition to existing nonconforming cabin withi6 100 feet of bluff along the Long Island Sound~ at premises known, as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; Coun. ty Tax Map D~strict 1000, Section t12, Block 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article VII, Page 3 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section 100-71, for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property a~utting th6 Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Tax Map District 1000, Section 143, Block 3, Lot 1. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusiOn of the hear- ing in question. For more information, please call 765-1809 ~alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN B.OARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursday, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before December 10th. ............................................ ZZ ...................... X Copies to the following on or about 12/2/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Mr. and Mrs. 'Edward Burton Abigail Wickham, Esq. for Pike and LI Shores Mr. and Mrs. James Tyler Mr. and Mrs. Howard Dillingham Mr~ and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Mr. J. Douglas Peix for Dessimoz and Racz/~°~- Mr. Robert A. Celic - Edward J. Boyd V, EsQ. (Re: Rapanakis) ZBA Members ZBA Individual Files Town Board TOWN OF SOUTHOLD BUILDtNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Yo NOTICE OF DISAPPROVAL .......... .,, ~g_~..~ .~.. ~ ............ ~L~S~ ~ Ne~m m~t ~o~ application dated .~/~ for penaa to ~q./~. ~~. ~Z~..~. ~O.~ ...... ~ at County T~ Map No. 1000 Section ...A(~ ....... B~ock .. ~d ........ ~ .(~fi.~ ....... S bdi --'--'- p No No ---- u vision ................. Filed Ma ................. Lot .................. is returned herewith and disapproved on the following grounds ................................ B~ilding ~nspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL S, OUTHOLD, N.Y. 11971 TEL.: 765-'I 802 amined ................ , 19... proved ................. 19 · ·. Permit No ............ sapproved a/c ..................................... TOWN OF SoU'r'~OLBLDG' ~k~k - D Received ........... ,19.. · (Building !nspector) APPLICATION FOR BU~LDtNG PERMIT INSTRUCTIONS a. TLs application must be completely filled in by typewriter or i~ ink and submitted to the Building Inspector, with 3 i of plans, accurate plot plan to sca!e. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets 3teas, and giving a detailed description of layout of property must be drawn on the diagram which is pan of this appli- Con. c. The work covered by this application may not be commenced before issuance of Building PermiL d. Upon approval of this applicatiom the Building Inspector will issued a Building Permit to the applicant Such permit ii be kept on the premises avaffable for [nspeetion throughout the work. e. No buiIding shMl be occupied or used in whole or in part f~r any purpose whateve~ until a Certificate of Occupancy H have been granted by the Building Inspector. APPLICATION JS HEREBY MADE to the Building Department for the issuance of a Building Permil pursuant to the !ding Zone Ordinance of the Town of Southold, Suffotk County, New York, m~d other applicable Laws, Ordinances ~,uhtions, for the construction of buildings, additions o~ aIterations, or for removal oi: demolitinn, as herein described. ~ applicant agrees to comply with M1 applicable laws, ordinances, building code, housing code, and regulations, and to nit authorized inspecto~ on premises and Ln . building for necessary ins ,p;ecti~s. (Signature m 'p~.icant, o~mme, ff a corporafion) 208. Fifth. Ave~,. N.Y~,. N.Y.. 10010 .............. (Mailing ~ddress of applicant) ate whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or buitder. rchitect Michael Racz & Gall Dessimoz ~me of owner of premises .......................................................................... (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... dectncmn s Llcen,e No ....................... Location of land on which proposed work will be done .................................................. 4255 Private Road # 10 [Hallock Lane] gattit~ck louse Number Street Hamlet (:()un ty Tax Map No. 1000 Section . 112 .............. Block . 0! ............... Lot. 004 ............... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construct/on: a. Existing use and occupancy ... residen*~iaI ....................................................... b Intended use and occupancy resza~ntzal 3.~ N~t3£e of work (check which app- able): New Bu~ldLn. g ' Addition .......... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work .............. (Description) 4 Estimated Cost $45,000 . Fee '~' (to be paid on filing this applicaticm) 5. If dwelling, number of dwelling units...............1 Number of dwelhp~g 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. Dimensionsl~f, existing structures, if any: Front .i.1~5.' ........... Rear 2.6.' ........... Depth 2.0.'.6." ......... Height ............... Number of Stories ....................................................... Dknens~ons of same structure with alterations or additions: Front 20 ~ .... Rear . .2? ............. 27'6" to ..................... Dept..2.0: .................. ~e~t .2.2:..t.o. ~.~.a.~..,. ...... iii ~'~.~er ;~ ~io~;s 2 8.Dimensions ofentLre new construction: Front2.0 ............ ' Rear..2.0.' .... ....... Depth .2.0.' ........... Height 2.7.'B.' .......... Number of Starle,~ .2. . . . ~ . ......... 645' ......... 9. Siz~oflot: Front . .7.0.' .................. Rear 125' .......... C.~r)x-e~h ~)e[:~l~w '&' £ri'~atfl' · · 10. Date of Purchase p.c.t.o,b~..1.9.8.3. ................ Name of Former Owner ............... X. l 1. Zone or use district in which premises are situated. A..R.e.s.~.d.e.n.t.x.a.l.-/\g?.~.c.u.l.t.u.~a.t ........................ 12. Does proposed construction violate any zoning law, ordinance or regulation: . .=c~ ........................... I3. W/Il lot be regraded j~o .......................... Wi!l excess fill be removed from premises: Yes x i4. Name of Owner of premises~Lcb, a. el..Ra.c,z. ........ Address 2.0.8..5.t.l~..A.v.q,..~Y.C.... Phone No. 2.~2.;~8.6.:9.0.07... Name of Architect . . .J....D.o:~tgl.a.s..P. aJ-.X .........Address 2.0.8. fi.t?. 7~.v.e.,..~Y.C.... Phone Name_ nC Ccmtr~n~'or B. qe.c.k, lg.a.n..B.l.d.g...¼q~s.~.~:u.c.t.x.q~'g, ddressMat, t.~.%u.c.k .......... Phone No. 5.i.6..x2.9.8.:5.3~?... STING CERTIFICATE OF OCC ....... PLOT DIAGRAM Locate clearly and disth~cfly all bu[!dings, whether existing or proposed, and. indicate al! set-back dimensions fro.rr property tines. Give street and block number or description according to deed, and show street names and indicate whethe~ imerior or corner lot. ' see attached plan STATE OF NEW YORK, S.S COUNTY OF. ................ ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing co~tract) above named. t~eisthe .... .~....~ .... ~-~..~ ........... ~fs~*~*~ ................................. (Contractor, agent, corporate officer, otc.) of said owner or ownem, and is duly authored to perform or have perfo~ed the said work and to m~e and frle ~his application; that all statements contaned in this application are true to the best oftus kn. owleag~ and b~,~f; ~d that the work will be perfo~ed in the m~ner set forth in the application filed therewith. Swor~ to before me this ........ ~,,.,,,-., .......... ~,y~ ..... ~'.~.~,.~-: .... , ~9~,..~ I ' 6 ,~ ...1. < J~. 4.~~ ..................... ~O~Y ~c, ~ ~ ~ y~ (S~gnature of a~plic~nt} TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~:~-~ t DATE ..N. 9,v, ,e, .~, ,b..e.x...1. ,4,.,...1..g 8 5 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .... ~....D~i~..~.%~c ............................... of .......2.0.8, ,~j,£.1;~. 6.¥.~.u..e. ..................................... Name of Appeli~n~ Street and Number New York NY HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. --- DATED .....O..c..t.9..b..e.~...2..1.,....1..g..8..5. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 20.8. Fifth A NY 10010 venue, New Yorkz ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit four hz]ilrliT~g I LOCATION OF THE PROPERTY .~..4..2..~..~..~.P..r..i..v~`a~t..e..~.R.~..a..d..~.~.~....~(..H..a..~.~e~..~9~..~1~.~S~.. Street Use District on Zoning Map ..zg~g ........................................ ~z~=..~).4 ............ Cu~en~ 0~ner ~aiz Dessimoz ~ Hichael Racz Map No. Lot No 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by humbert Do not quote the Ordi,nance Article XI, Sections 100 - llSE and 100 - 119.2 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ~ 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) (~as no, been made with respect to this de~ision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) x) ) 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) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- seryHARDSHIP becau~ although usable, the existing cabin is at present not adequate for the Owner's family needs. The existing cabin is not in keeping with the quality and style of the main house. The existing cabin is permanent, and has a Certificate of Occupancy. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because most propertzes in the viczni~y do not possess such a cabin. The Owners have the opportunity to renovate, rather than undertake completely new construction at a higher cost. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because tbe renovated structure would remain a sleeping cabin. As such, it would be used only by family members and /or guests, and remains part of a single household with the main house. ~. ,C) ss ........................ COUNTY OF ~'ZCf-~Z-/' ) T OWNER STREET I VII. LAGE DISTRICT LOT N ACREAGE 'TYPE OF BUILDING RES, o~,/~ SEAS, LAND IMP. VL. TOTAL Tilloble Tillable 2 Tillable 3 Woodland Swomplancl Brushland House Plo[ Tota I Extension Foundation Basement Fire Place Porch Porch Patio Driveway Bath Id Floors Interior Finish Hea~ Attic Rooms 1st Floor Rooms 2nd $.'7'~:s"oo ,R, 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 910), Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAM 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 ~he 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 ~ike to address concerning those? Have you received a copy o~is? 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 improvedL 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 Southotd Town Board of Appeals and Michael Racz 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? Page 3 - August 14, Public Hearing - Gall Dessimoz and Michael Southold Town Board of Appeals Racz 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, du~ing the meeting.) _ Nadia Moore COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING ~pril 3, 1986 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, N.Y. 11971 Re: Application of "Gall Dessimo and Michael Racz" (#3431), Town of Southold (SD-86-3). Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on April 2, 1986 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted to demonstrate compliance with applicable variance criteria; 2. It would tend to establish a precedent for the continuance of such a practice throughout the Town of Southold; 3. The relief requested is substantial in relation to zoning ordinance requirements; and, 4. The "cabin" will be significantly imperiled due to its proximity to the bluff edge. Very truly yours, Lee E. Koppelman DirectOrby~~of Plilning~//~, GEOG. Newman Chief Planner GGN:jk VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I. NEW YORK t I ?88 Southold Town BOard of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARDP. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPHH. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, herebY refers the following to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Article XI , Sectio~100-118)E) ~ Variance from Determination of Southold Town 100-119.2 Building Inspector Special Exception, Article , Section ~ Special Permit and Appeal No.:3431 Applicant: GAIL DESSIMOZ AND MICHAEL RACZ Location of Affected Land: ~55 Private Rd.#10 (Hallock Lane) Mattituck, NY County Tax Map Item No.: 1000-Section 112, Block 01, Lot 004 Within 500 feet of: __ Town or Village Boundary Line ×X Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway -- Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to renov. & expand existing nonconformin~ cabin exceeding 50% of value and square footaqe of same as exists and (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the L.I. Sound Copies of Town file and related documents enclosed herewith for your review. Dated:March 24, 1986 ., ' Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 14, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ 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: [ j Type II [~ Unlisted [ ] DESCRIPTION OF ACTION: Variance for necessary improvements over private R-O-W known as Hallock Lane LOCATION OF PROJECT: Tow~ of Southold, County of Suffolk, more particularly known as: Private Road #13 N/s of So~nd 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 related 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. Southold Town Board o£Appeals I~IAIN ROAD- STATE: ROA~ ;~ ~BOUTHOLD, /.1., N.Y, 11~'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March ]8, 1986 Mr. J. Douglas Peix Peix & Crawford 208 Fifth Avenue New York, NY 10010 Re: Appeal No. 3431 Gail Dessimoz and Michael Racz Variance) Dear Mr. Peix: With reference to the above-entitled application, please find enclosed a copy of the official findings and determination rendered March lO, 1986 by the Board of Appeals and filed this date with the Office of the Town Clerk. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Charles T. Matthews, Esq. Mr. John Kirkup Mr. Michael Racz Ms. Gail Dessimoz Suffolk County Planning Commission Building Department Southold Town Board of Appeals HAIN ROAD- ~TATE RnAD 25 SnUTHnLD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure TOWN 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~] Victor Lessard Exe¢. 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 change, I see no legal need to issue a stop order. If I may be of further assistance on this topic, please feel free to :ontact' my office. VL:hdv APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKf Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 YELEPHONE (516) 765-180g 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 Bodrd of Appeals. It is therefore requested that all work be stopped by your office until such application has been made and fin'alized for approval of access. lk NOTICE NOTICE IS HEREBY GIV- EN, 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, Ma:in Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, FEBRUARY 6, 1986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from 1/9/86). 7:40 p.m. Appeal No. 3446- MARGERY D. BURNS. Variance to the Zoning Or- dinance, Article VII, Section 100-70(C) (1) for permission to construct accessory inground swimming pool upon pr~mises utilize premises located ir?this Y, A- Residential and AgricultUral Zoning District for two B-Light f- Busir ess uses in addition to two ,s dwelling uses. Location of Pro- k petty: 27475 Main Road, Cut- chngue, NY; County Tax Map _Parcel No. 1000-102-01-13 ~ 8:25 p.m. Appeal No. 3431- GAlL DESSIMOZ AND/ MICHAEI~ RAcZ. Variances tot the Zoning Ordinance, Articlel XI, Sect~ions 100-118(E) and} 100-119.2 for: (a) permission tot m-:aovate and expand existing~ nonconforming cabin (guest~ cottage without kitchen fa- i cilities) exceeding 50% of value and square footage of samq.a~s~ ~exists, and (b) permission to i construct addition to existing inonconforrmng cuhin within d00 feet of bluff along the Long !Island Sound, premises known a~ 4255 Private Road No. 10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section 112, Block 01, Lot 004. (Hearing recessed from ,~December 12, 1985). The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-150~t (alt. 1802). Dated: January 21, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-I/30/86(28) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. ~.i ....... weeks successively, commencing on the ...... '..~..~..~. .......... day of..<~.....~'~:~..~ .... 19 .~. ,, .- :-.'wv,.:.. .... :? ...... Sworn to before me this x.~d i~/ ..................... day of .... .~r.~:~ ...... , 19 .................. .'r-~.'?L .~'~:Z~.....'""~'~..../...~: . .~'?'~.. ....... Notary Public ~AI~ BARA FOP.~ES Co:x~i::...~:r ~xi~;!e~ h:aich DO, 19 ~-'~ ZONING BOARD OF APPEALS NOTICE IS ItEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o[the Town of So.hold, the following public hearings will be held by the SOUTH- OLD ToWN BOARD OF AP- PEALS ~t the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, DECEMBER 12, 1985, and aa follows: ~:35 p.m. Application of EDWARD AHD NORMA BURTON, 12960 Main Road, East Marion, NY for a Vari- ance to the Zoning Ordinance, Article m, Section 100- 32, for permission to locate acces- sory atorage shed in an area other than the required rear- yard at premises known as 12960 Main Road, Fast Mar- ion, NY; County Tax Map Dist~ct 1000, Sectio~ 31, Block 14, Lotl0. '* L? 7:40 p.m. Al~lication for EMILL~ T. P~E, Main Road, Mattituck, NY ~or a Variance as ~b/~'Rofite ~, Orient; ~ County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAlL DESSIMOZ AND MICH- AEL RACZ by J. Douglas Peix, 208 Fifth Avenue, New York, NY 10010, for a Variance to the Zoning Ordinance, Arti- cle XI, Sections 100-118(E) and 100419.2, for: (a) permission to renovate and expand exist- ing nonconforming cabin (guest cottage without sleep- ins facilities) exceeding 50% of value and square f~otage of same as exists; (b) permission to construct addition to exist- ins nonconforming cabin with- in 100 feet of bluff along the Long Island Sound, at premis- es known as 4255 Private Road #10 (Haliock Lane), Mattituck, NY; County Tax Map District 1000, Section 112, l~iock 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Arti- cle VII, Section 100-71, for permission to establish access COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being dui,/ sworn, says that Editor, of THE LONG ISLAND TRAVELER-W/ a public newspaper printed at Southold, in Suff~ and that the notice of which the annexed is a pi has been published in said Long Island Travele / once each week for ....................... successively, commencing on the ......... -:'. - day ~~, ~ -'"!" ..... , ~2 ..... Sworn to before me this ................ Notary Public BARBARA FORBES Notary Public, State of Nexv No. 48~$~6 qual~fied in Suffolk Count> Commission Expires Maceh 30, Copies of the Legal Notice to the following 1/28/86: Suffolk Times (Personal delivery) LI Traveler-Watchman (Personal delivery) Mrs. Margery D. Burns, Main Road, Southold, NY 11971 Mrs. Virginia Hairston, 1675 Carroll Avenue, Peconic, NY 11958 Mr. and Mrs. Lawrence Currie, 68 West Fenimore St, Valley Stream, Mr. Joseph Grasso, 1726 Meadow Lane, East Meadow, NY 11554 Mr. James Gray, Southold, NY 11971 Mr. Frederick W. Koehler, Jr~, Box 293, New Suffolk, NY 11956 Riverside Homes, Inc., P.O. ~ox 274, Riverhead, NY 11901 Paul A. Caminiti, Esq., Main~Road, Southold, NY 11971 (Pacifico) Mr. John Wickham, Main Road, Cutchogue, NY 11935 (Zielonka) Mr. Douglas Peix for Racz & Dessimoz, 208 Fifth Ave, NY, NY lOOlO Charles Matthews, Esq. in opposition, Box 800, Huntington, NY 11743 NY 11580 Town Clerk Bulletin Board ZBA Bulletin Board Building Department ZBA Individual Files ZBA Members cles: (a)~Section 100.3L Oulk Sehedum permis.:.,,n to con. struct a~Rion :.nth an insuffi- LEGAL NOTICE' NOTICE IS HEREBY GIVEN, pursuant to S~t/on 267 of tba Town Law and tim Code of the Town of Scuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALSat the Southold Town Hall, Main Road, ~outhold, NY at a Regular Meet- mg commencing at 7:30 p.m. ob THURSDAY, FEBRUARY 6, 1986 and ~s follows: 7:35 p.m. Appeal No. 3432 - JOHN AND JOYCE HOL~ ZAPFEL (Recessed from 1/9/86). 7:40 p.m. Appeal No. 3446 - MARGERY D. BURNS. Vari, ance to the Zoning Ordinance, Article VII, Section 100-70(C)(i) for permission to construct accee; sory ingreund swimming pool upon premises known and refer- red to as 53245 Main Read, Scuthold, NY, prezenfly zoned "B-I" General Business; iden-.* . tiffed on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1. cient sideydrd setback, (b) III, Se/:tion 100-31, Bulk Schedule for permission to construct addi- tion which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI Section 100-119.2(B) for permis- sion to construct addition with an insufficient setback from wet- lands. Location of Prepsrty: 1250 Blue Marlin Drive, Southold, NY; County Tax Map Parcel No. 1000-53-05-034, (also ,,k, nown as Lot #13, M~p of Southold Shores," Map No. 3853. 8:20 p.m. Appeal No. 3421 - JOSEPH ZlELONKA (ES- tATE OF). Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-30, and Article XI, Sec- tion 100-118, for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses in addition to two dwelling uses. Location of Prop- arty: 27475 Main Read, Cutch- ogun, NY; County Tax Map Par- cel No. 1000-102-01-13. 7:45 p.m. Appeal No. 3196 WALTER ~N, (F~- rate of). Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of two paree{~ (with ezi~- mg dwe!{ings) likviag insuffi. cient area, width ami depth. cation of preperty: Weet Side of Carroll Awnue, Peeoul~, NY; identified on the Suffolk County Tax Maps ns District 1000, SOc- tion 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454 - ALICE D. CURRIE. Varianco to the Zoning Ordinunco, Artich~ /~ 8:25 p.m.. Appeal No. 3431 - / GAIL DESSIMOZ AND"~ [ MICHAEL RACZ. Variances to~ the Zoning Ordinance, Article~ XI, Sections 100-118(E) and 100-~ 119.2 for: (a) permission to reno-~ rate and expand existing non-~ conforming cabin (guest cottage without kitchen facilities) ex-~ ceed/ng 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within 100 feet ofbluffalong the Long Island Sound, premises known as 4255 Private Road # 10 (Halleck Lane), Mattituck, NY; County Tax Map District 1000, Section 112, Block 01, Lot 004. (Hearing recessed from De- cember 12, 1985). The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written corn. manta may alas be submitted prior to the conclusion of the hearing in question. For more in2 III, Section 100-31, Bulk= Schedule, for permission to con- struct addition with an insuffi- cient rearyard setback at 1815 Soundvlew Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1. 7:55 p.m. Appeal No. 3443 - FREDERICK W. KOEHLER, JR. Varia~c~ to the Zoning Ord. nance, Artmle III, Section 100-32 for permission to locate tennis court in an area other than tba required rear yard at 575 Old Harbor Read, New Suffolk, NY; County Tax Map Parcel No. 1000-I17.3-6. 8:00 p.m. Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-32 and Article XI, Sec- tion 100-119.2, for permission to locate accessory storage building in the sideyard area and with un insufficient setback from we~- lands, at 7145 Soundview Av. enue, Southold, NY; County Tax Map Parcal N9. 1000-59-0~003. 8:05 p.m. Appeal No. 3448 - RIVEHSIDE HOMES, INC. annce, Article HI, Section 100- 31, Bulk Schedule, for psrmis. sion to locate new dwelling with insufficient front and rear yard setbacks. Location of Property:. East Side of Private Road (offthe ~outh s/de of Soundv/~v Aw ~nue), Pumnic, NY; identified on he Suffolk County Tax M, ape ~ )istrict 1000, Section 59, Bleak , Lot 18. 8:10 p.m. Appeal No. 3383 - ,NNA PACIFICO. Variances , the Zoning Ordinance,-Arti, - formation, please call 765-1809 (alt. 1802). , ~ Dated: January 21, 1986. / ---- BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHEINGER, CHAIRMAN 1TJ30-5143 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary K. DEgnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a 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 One weeks successively, commencing on the 3 0 dayof Janua y~y 1986 Sworn to before~me this ~ C~ ^r~N M ABATE, ,4.~of "..j ~ ~,JJl3llC, Sta~e of r~ York PEIX & CRAWFORD A R C H I T E C T U R E 208 FIFTH AVENUE ·NEW YORK NEW YORK 10010 (212) 683-9888 Z COTTAGE - EXPEDITING [Z COTTAGE / COVER-II Mrs. Linda Fr. Kowalski Zoning Board of Appeals Town Hal 1 53095 Main Road Southol d, NY 11981 [51~] ?~5-1802 [51~] 7~5-1809 2 January 1986 RE: Appeal $~3431 - Miclnael Racz and Gail Dessimoz l)ear Mrs. Kowalski: Th:is is a letter to conf:irm my rece:ipt of your letter dated 3) December 1.985. Thank you for sending me a copy of the report from the Soil and Water Conservation District. In regard to your request for four copies of the plan depicting certain squar'e footages of the existing cabin and t. he proposed cabir~, enclosed please find four prints of drawing $~Z.--B. At the bottom of this sheet [somewhat to the side of the center of the sheet] we have added two diagrammatic plans [Drawing P-4 & P-5]. These are drawn to the scale of 1/8" = 1'0". To the left of these plans we have answered the questions whic:h you asked to be answered in regard to the square footage of both the existing cabin and the proposed renovated cabin. If you have need of any additional information, please contact me immediately. Sincerely yours, //~ d. Doug].~s"~ Peix / cc: Mr. Michael Racz JDP/sl Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y, 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERB GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Hr. J. Douglas Peix Peix and Crawford Architecture 208 Fifth Avenue New York, NY 10010 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 in the Matter of Michael Racz and Gall Dessimoz under Appeal No. 3431, pending receipt of the following: ~.,zt~\~ 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 "~abin area" to be added, and the percentage over 50% being requested'in this variance application. Enclosed from the Soil ber 27th. for your information is a copy of the report and Water Conservation District received Decem- 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 SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE December 23, 1985 STANLEY A. PAUZER Mr. Gerard P. Goehringer~ Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer~ 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 / / Ot~f r!:.~n/!fombcr~ copies ....... for' Z~ fiI~ 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 Eallock'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 recommend 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 HILAR¥ CORWIN 1916-1963 ROBERT L. CORWlN CHARLEBT MATTHEWS CORWIN & MATTHEWS COUNSELORS AT LAW P. O. BOX BOO 71 NEW STREET HUNTINGTON LONG ISLAND, N. Y. 11743 (516) 421-2400 November 27, 1985 FREDJ MUNDER COUNSEL 1975.1982 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Application of Gail Dessimoz and Michael Racz Gentlemen: In connection with the hearing in the above matter scheduled for December 12, 1985, please accept the enclosed affidavit in opposition from the immediate neighbor on the west, Eleanor Kirkup. It is my opinion that it would be an abuse of your discretion to grant an extension of a non-conforming use of the nature proposed on the property line of Mrs. Kirkup and within 100 feet of the Long Island Sound bluff. CTM/os . aRC. (~J~ZEA Chaicman/Mem~e~s ~opi~s Euilding Dept. Planning Board his eut Original for Z~A figs Co~ents or Reply COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE ELEANOR KIRKUP, being duly sworn deposes and says: 1. That she resides at 46 Claremont Boulevard, Havertown, Pennsylvania. 2. That she is the owner of a parcel of real property on Hallock Lane, Mattituck, New York. 3. That the property your deponent owns in Mattituck is immediately to the west of the property of Gail Dessimoz and Michael Racz which is the subject of an application to the Zoning Board of Appeals for permission to "renovate" an "existing cabin" in excess of 50% of the present building value. 4. First let me state that your deponent has owned the adjacent parcel for many, many years. 5. The so-called "existing cabin" was originally constructed and existed as a storage shed to the south of the existing house on the Dessimoz property near the garage. 6. Some fifteen years ago the then owner of the property moved this shed to its present location on the property line adjacent to your deponent's property. Sometime later apparently some one installed a shower and toilet in this shed so that swimmers from the beach could use its utility rather than similar facilities in the house. 7. Now the present owners want to enlarge this shed, make a house out of it with a porch and several bedrooms, two baths, and you can imagine that a small refrigerator and stove will be installed so that it will be another house on this property zoned for single family use. 8. Should this change be granted what will prevent all the owners along this bluff doing the same thing and what will be the use of having zoning restrictions. 9. The greatest concern of your deponent is the fact that this structure is right on the property line. These neighbors will not be able to construct this new house without trespassing on your deponent's property. 10. Some years ago your deponent moved her house back from the bluff because of the erosion damage caused by Levon Properties. Deponent was required to set the house over one hundred feet back from the bluff. 1t. Should you grant this application deponent's view of the Sound will be blocked since it is not being set back a hundred feet from the bluff. 12. If in fact this is just to be a guest cottage let the present owner construct it back near the existing garage meeting all the set back requirements of the ordinance. The present shed should not be used as an excuse to construct a substantial dwelling near the bluff and right on the property line. If anything that shed is a non-conforming structure. The right to continue a nonconforming use does not include the right to extend or enlarge it. Anderson, New York Zoning Law and Practice, 3rd ed., Section 6.32. This is in keeping with the overall effort to phase out nonconforming uses. Monoco Oil Co. v. Pittsford, 59 Misc. 2d 750, 300 NYS 2d 488; Aboud v. Wallace, 94 AD 2d 874, 463 NYS 2d 572. For all the foregoing reasons this application should be denied. Sworn to before me this ~A~'~ day of December, 1985. Notary Public, Haverford Twp., Delaware Co. ~y Commission Expires ~a~cl~/~,- 19~ Eleanor Kir~up ~ PEIX & CRAWFORD A R C H I T E C T U R E 208 FIFTH AVENUE NEW YORK NEW YORK 10010 (212) 683-9888 Z COTTAGE - EXPEDITING Il COTTAGE / NOT[CE-[] 6 December 1985 Mr. Gerard P. Goehringer Board of Appeals Southold Town Nail Main Road - S.R. 25 Southold, New York 11971 Dear Mr. Goehr'inger: This is a letter to confirm my conversation today with Mrs. Linda Kowalski in reference to the application for GAIL DESSIMOZ & MICHAEL RACZ by me for a Variance to the Zoning 8rdin- ante, Article XI, Sections 100-118(E) and 100-119.2. As she explained this application will not be dealt with at the Meeting of 12 December 1985 since it has .just been determined that the Soil and Conservation Authorities must go to the site to evaluate the proximity of the existing sleeping cabin to the edge of the bluff. I understand that they will make a report on the possible impact of the proposed renovation on erl.~sion and other ecological matters. Since, as I understand from Linda, no action will be taken [and the matter will be recessed] by 'the Board until Soil and Conservation makes their report, I will await word from you when we can expect to be rescheduled for another meeting. [No ,one will therefore appear ~on the behal~ pf Racc and Dessimoz at the meeting of the 12th,] Also for the record, let me here confirm my having pointed out to Linda the err'or which occured in the Legal Notice of the Hearings. "[]guest cottage without sleeping Tacilities]" should really have read [guest cottage without cooking facilities]~ Sincerely, ' ,~,~.~,-~ ~ Reix cc-' Gail Dessimoz, Michael Racz Southold Town Board o£Appeals MAIN ROAD- STATE: ROAD 25 50UTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 5, 1985 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation District 127 East Main Street Riverhead, NY 11901 Re: Appeal No. 3431 Gail Dessimoz and Michael Racz (J.D. Peix) Dear Mr. Pauzer: We presently have an application pending in which the applicants propose;to expand and renovate an existing accessory building for sleeping purposes (cabin) which appears to be within 25-30 feet of the bluff area along the Long Island Sound at Hallock's Lane (a private road), Mattituck, New York. May we ask your assistance in assessing this project prior to our scheduling this matter for a public hearing. Enclosed for your file are copies of the Suffolk County Tax Map depicting the private road and the premises in question, the November 1, 1985 rendition prepared by Peix and Crawford Architecture, and the March 14, 1983 survey. Please don't hesitate to call if we may be of assistance. Thank you for your time. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN ~'B'~ Linda 1<owalski TOWN ()F SOUTIIOI.D ©I:'FICI~ ()F BUILDING INSI'!:CTt.q[ TOWN I1ALL SOUTItOLD, NEW YOPd< CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /~/ Land [X / Building(s) /-/ Use(s) located at 6255 Private Road #10 (Hallock Lane) Street Hamlet No. Z11990 October 11, Mattituck 1983 shown on County tax map as District 1000, Section 112 , Block 01 Lot 004 does~not..conforrn to the present Buildin~ Zone Code of the Town of Southold for the following reasons: .the property has insufficient area; the ¥'arage is located in tile front yard; the cabin has insufficient side yard set back. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /_~/Land /'~/Building(s) /_/Use(s) existed on the effective date the present Bui.lding Zone Code of the Town of Southold, and may be continued pursuant to and subject to'the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Bui!diug Inspector's ; o Off.c~, cate is issued is as folloxvs: a _detached cabin the o~apa~%, apd use for ,,'hic~ this Cer private one-family dwelling w] tb and detached garage· This p.__roperty is located in the 'A' Residential-Agricultural Zone. The Certificate is issued to of the aforesaid building, CAREL DeLEEUW & EDWARD URBANELLO ( owner, ~¢~s-ee- ~--t-en~m ~) Suffolk County Department of Health Approval no record UNDERWRITERS CER'flFICATE NO. no record NOTICE IS tIEREBY GIVEN that the owner of the above premises I-LSS 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 has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. inspector ....... Southold Town Board of Appeals MAIN RrlAD- BTATE RI3AD 25 SDUTHE}LD, l.l., N.Y. 11971 .. TELEPHONE (516) 705 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: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in tt~e local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicatin9 the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or If you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Legal Notices LEGAL NOTICE 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 BOARD OF APPEALS_ at the Southold Town Hall,,Main Road, · .southold, NY at a Regdlar Meet- mg commencing at 7:30 p.m. 11iURSDAY, DECEMBER L~ 198~ and as follow~ 7:35 p.m. Application of RD- WARD AJVD NORM~ BUR- Masion, NY for a Varianca to the t Section 10032, for permission to locate accessory storage shed in an area other than the required~* rearyard at premises known as The. Suffo' · Times 12960 Main Road, East Marion, NY; County Tax Map Distri~.~- 1000, Section 31, Block 14, 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Matti~tuck, NY for a Variance to t~ Zoning Ordinance, A~icle IH, Sec~on 100-31, BUI~ Parking Schedule, for apprevat of insufficient area of propo~ Parcels 1 and 2 an~ i~ctent frontage (lot width) of Parcal 1~ in t~is prel~eed division of land located at the north side of l~sin Road, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 7:4~ p.m. Application 625 Marcateoka-Road, Mat- tituck, NY for a Special Excep- ~on to the Zoning Ordinance, Ar- ticle VII, Soction 100-70(B)[4] for permission to establish and build ~chedule, for approval of the con- stmction of greeahou~e addition- with an insufficient setback from the south(e{sterly) side line at not less than 16 feet, and wit]l insufficient total sideyards at not le~ than 31 feet, at premises Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Sectio~ 125, Block 1, Lot 2.018.~ 7:55 p.m. A~plication for LONG ISLAND SHORES, INC~ 684 Estero Boulevard, Foct Myers Beach, FL 33931, for o Variance to the Zoning Ordi- ~anee, Article IH, Section 1~0- · 31, Bulk Schedule, fas approval of insufficient area of four prop- - this pending division of land, premises located on the north side of North Road (C.I~ 48), publicgacageatpremiseeknown Greenpert, NY; Suffolk Cohnty · as 6795 Main Road, Laurcl, Ny Tax Map District 1000, Section Mattituck Holding CO. Minor ~ 40, Block 01, Lot 20, containing . Subdivision Lot ~3, County Tax ~' a total area of 5.20± acres. Map District 1000, Section 125, 8:05 p.m. Application of Block 1, Lot 19.6· STAMATIOS AND ELENI 7:50 p.m. Application of HOW- RAPAN_AI~I, S, 2030 Bnisseau. ARD AND BARBARA DIL- .Avenue, southcld,NYforaVari. LINGHAM, P.O. Box 488, ance to the Zoning Ordinance, · Southold, NY for a Variance to Article XI, Section 100-118(D) the Zoning Ordinance, Article - ~for permission to reinstate HI, Section 100-31, Bulk conforming two-family dwelling December 5, 1985 use at 2030 Bm~sexu Aven~,e, ~uown as 4255 Private Road ~10 ~·u~J?ld, NY; Cou?ty Tax Map [ (Hallock Lane), Mattituck, NY; _strict 1000, Section 55, Block [ County Tax Map District 1000, 6, Lot 40.(ReceezedfromOctober, ~ Section 112, Block 01, Lot 004. 24, 1985). I 8:25 p.m Application of 8:10 p.m. Application for ROBERT,~ CELIC, Box 1247, PAUL AND MARY FLEMING Mattituck, NY for a Variance to by Eastern Windpewor Inc., O~ borne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 30(C) for permission to erect a the Zoning Ordinance, Article-- VII, Section I00-71, for pennis- sion to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property wind tower exceeding 18 feet in. abutting the Main Road, the height for the purpeses ofproduc- ~ nearest street intersection. ing electricity, at premises Premiseslocatodontheeastside known as 35675 Route 25, ofMarleneLane, Mattituck, NY; _O~i.'en.t, NY; Cou.n...ty Tax Map County Taz Map District 1000,,~ Distric$1000, Section 19, Block. Section 143, Blieek 3, Lot 1. 2, Lot 10. _ · ~l~e Bom;d of Appeals will hear 8:1/5 p.m. Applicati~ for ,a!~aidtimeandplaceallpemons IGAII. DESsmOZ ~.~ll!,, ~g to be beard in each of mc~,.~.~cz b~,. v~ .gj-. ~ ~bev'~ ~,~.. W~,~n ~o~- Peix;-208 Fi/th Avenue, New-- ~,mento may also b~ submitted Y/a'k, NY 10010, for a Varianc~e~- lm~ior to the conclusion nf ih to the Zoning Ordinance Article '~ hearing in qnsstion Formorein_ , Sections 100-118(El and 100-, !formation, plass~ call 765-1809 ll9.2, for.(a)permi~iontoren~-. (alt. 1802). ~ rata and expand existing non- ' Dated: November 26, 1985. conform{,~/~bin ~uext cotlage BY ORDER OF without sleeping facilities]- ex- THE SOUTHOLD TOWN ceeding 50% of value and square BOARD OF APPEALS footage of same as exists; (b) por-- GERARD p. GOEHRINGER, mission to construct addition to, CHAIRMAN .~ngthinhisting nonconforming cabin~lTDS.5099 100 feet of bluffalong the ' land Sound, at premises~ ~'ATE OF NEW YORK ) I ~: COUNTY OF 8UFFOLK ) Mary K. Deqnan of Greenport, In ~ld County, being duly Sworn, ,ays that he/Ibm Il Principal Clerk of THE SUFFOLK TIMES, a 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 a printed copy, has been regularly published In said Newspapar once each week for weeks successively, commencing on the, 5 day of ~ .... ~.^ 19_8_5._ / P~J~'cipal Clerk / 8 ,om to before ma*~- ~-~ ANN M. ABATE ~.,~ ~'"" ~UBLIC, State of N~w York APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I,, N,Y. ll9?l TELEPHONE (516) 765-1809 November 25, 1985 Mr. J. Douglas Peix 208 Fifth Avenue New York, NY lOOlO Re: Appeal No. 3431 - Dessimoz and Racz (Variances) Dear Mr. Peix: This letter will acknowledge receipt of your recent application for Gail Dessimoz and Michael Racz for variances: (a) under Article XI, Section lO0-118(E) for proposed reno- vation of nonconforming building exceeding 50% of value; (b) under Article XI, Section 100-119.2 for proposed con- struction within lO0 feet of bluff, at premises known as 4255 Private Road No. lO-Hallock 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 the public hearing, which has been re-scheduled from December 5th to December 12th. A copy of the legal notice of the hearings as published in the Suffolk Times and Long Island Traveler-Watchman will be sent to you when prepared as confirmation of the time and date of your hearing to be held at the Town Hall, Main Road, Southold, New York. Please don't hesitate to call if you have any questions. Yours very truly, Enclosure GERARD P. GOEltRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REa~SX~AR Og V~XnL S?A?Is'r~cs OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 14, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3431 application of J. Douglas Peix for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; letter of authorization from Gail Dessimoz; CO from the Building Dept.; copy of deed; plans; survey; Notice of Disapproval; and copy of the Application for a Building Permit. J~dith T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ' ~ ~/~ / DATE .~.~.v..e.m.b.e. ~..].4.., ...!.9 8 S TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) .... fl....Doug, la~..J?~i~ ............................... of ....... ~.0~.. ~.i£.~b.. ~n~.~ ..................................... Name of Appellom Street and Number ................... .N..e.~...Y.p..t..k. ..................................................................... .N..Y. ........ ,...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. --- DATED ....0..c..t..o..b..e.[...2..1.,....1..9..8..5. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Nome of Applicant for permit of ...... .2..o. ...F. Lt.h' .................... ...................... .......... ...... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY p~'rrMt fnr hu~ lcH'n~ ~lt~t~nn I. LOCATION Of THE PROPERTY ....4.~.~..5...P.~.j:.y.~.t..e....R..°.~.d...~.1.~'..~.(~.H.~.~'1..°'.~..k'.~t.~..~..~R~. Street Use District on Zoning Mop ..J~000 ........................................ 1J. 2=01:.DD.4 ............ Current 0~ner (;ail Dess~moz F~ Michael Racz Map 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.) A]:tLcte X], Sect~.ons 100 - ltSE and tOO - ~].g.2 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 (hos)~.~as 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 ...................................................................... x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that the O~rnets ~sh to renovate an exJ. st£ng cabin 1;o meet the±r family needs. ~orm z]~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because although usable, the existing cabin is at present not adequate for the Owner's family needs. The existing cabin is not in keeping with the quality and style of the main house. The existing cabin is permanent, and has a Certificate of Occupancy. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because most properties in the vicinity do not possess such a cabin. The Owners have the opportunity to renovate, rather than.undertake completely new construction at a higher cost. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the renovated structure would remain a sleeping cabin. As such, it would be used only by family members and /or guests, and remains part o£ a single household with the main house. COUNTY OF ~'cf~'A~-~ ~ ) Sworn to this .. f(/Y-~/' ~ .~ ~"' ............................................ day of ............ .~...~...~.~.. ..i ............... 19 oc~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of J. Douglas Peix. Architect to the Board of Appeals of the Town of Southold TO: Mr. Philip Birndorf 461 West 21st Street New York, NY 10011 112-1-6.1 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thjll.4~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(~D~C~a~X~(~I~N~I~K~alF~K~X~b~a~ [circle choice] ). :2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4255 Private Road # 10 [Hallock Lane] ~ Mattituck, Southold, NY That the property which is the subject of such Petition is located in the following zoning district: 'A' Residential - Agricultural Zone 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: Permission to renovate existing Cabin; access to property by private road. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XlV Section ] ~ - ldl R [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 above 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. (516) 76~5-1809. 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: Gall Dessimoz & Michael Racz Post Office Address 208 Fifth Avenue York, N,¥, 10010 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~:?~;,/~ ~ ~//"/'/~r/O~'~' , residing at ~/~ ~ ~ ~ ~~- , ~J, ~, , being duly sworn, deposes and says that on the '~ day of ~)~~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite lhe names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; tha~ said Notices were mailed at the United Statm Post ~- rice at ~ ~/~ ; that said Notices were mailed to each of said persons by (certified) (registered) ~ail. Sworn to .before me this Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o]~ the Petition of : J. Douglas Peix, Architect : to the Board of Appeals of the Town of Southold : TO: Philip Birndorf 461 West 21st Street New York, N.Y. 10011 NOTICE TO ADJACENT PROPERTY OWNER 112-1-6.1 YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a~ ~k~X~v~t~e~Fa~F~X~YOv~F~X [circle choice] 2. That the property which is the subject of the Petition is located adiacent toyour property and is des- cribed as follows: 4255 Private Road #10 [Hallock Lane], Matt~tuck, Southold, NY 3. That the property which is the subject of such Petition is located in the foUowing zoning district: 'A' Residential - A~ricultural Zone 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: Permission to renovate existing Cabin~ which renovation is in excess of 50 % of present building value, and which existing Cabin is within 100' of ocean bluff. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 100-11SE, 100-119.2 [ ] 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 above will be filed in the Southold Town Clerk's Office at Main Road. $outhold, New York and you ma)/then and there examine the same during regular office hours. (516) 76~5-1809. 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 $outhold 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: 13 November 1985 J. Douglas Peix Petitioner Owners'Names: Gail Dessimoz & Michael Racz Post Office Address 208 Fifth Avenue New York, N.Y. 10010 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ' .a~u/~:,~,';;~Z~f'~.~_ ,"7/',~/, , being July sworn, depose~ and saysthat on the 2Off1 day of /~/DA'~-/~;D,~7"- / ,19 o~ , deponent ~nailed a true copy of the Notice set forth on the re. verse side hereof, directed to each of the above-named per ;OhS at the addresses set o,~posite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; thai said Notices were mailed a the United States Post Of- fice at /L,;~,~ ) ~'/3F?'~---- ; th at said Notices were mailed ~ o each of said persons by (certified) (registered)/mail. Sworn to before me this Notary Public (This side does not have to be comp]Eted on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : J. Douglas Peix, Architect : to the Board of Appeals of the Town of Southold "~'~ TO: .... NOTICE TO~-~."- ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thane intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~Varianc~ (~I~I((~XiK~XK(~CI~[ff)~0~I~NI~X(~.~gX [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 4255 Private Road #10 [Hallock Lane], Mattituck, Southold, NY 3. That the property which is the subiect of such Petition is located in the following zoning district: 'A' Besiden~ial - Agricultural Zone 4. That by such Petition, the undersigned will request the following relief: Permission to Renovate existing Cabin, which renovation exceeds 50% of present building value, and which existing Cabin is within 100' of ocean bluff. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Sectic~ 100-118B, 100-119.2 [ ] 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 above 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. (53.6) 76'5-3.809. 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: 13 November 1985 J. Douglas Peix Petitioner Owners ' Names :Gail Dessimoz & Michael Racz Post Office Address 208 Fifth Ave New York, N.Y. 10010 NAME Ms. Eleanor Kirkup Mr. Philip Birnorf Mr. Robert Bntenmann P 097 315 442 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) PROOF OF MAI~ING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 46 Claremont Blvd. Havertown, PA 19083 461 West 21st St., New York, N.Y. 10011 1 Jericho Plaza, Jericho, NY 11753 P 097 315 443 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) ~ P.O., State and ZIP CoOe ~ Post~ ~ $ o ~ a.d Dat~ivered ~ i D~nd Address of Deliw~ 112-1-4 112-1-6.1 112-1-7 P 097 315 441 RECI:qpT FOR C£RT~FHED MA~L NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State and ZiP Cod ~ Postage ~ / I'* d Bat livered i sho:ing tO whom ~ ~ressofDelive~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.; J. Douglas Peix , residing at 208 Fifth Avenue, New York, NY 10010 , being duly sworn, deposes and says that on the 13th day of November ,19 8b , deponent mailed a true copy of the Notice set forth on the 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 assessment roll of the lown of Soulhold; that said Notices were mailed at the United States Post Of- fice at East 23rd St., New York, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ~,/ Notary Public LINDA F. KOWALSKI NOTARy PUBLIC, Stere of New Yo~ No, 52'4524771 (This side does not have to be property owners.) completed on form transmitted to adjoining FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ......~..~..~. ~.<e.~. t ''~': ...... ~ Z~o..o/.~... PLEASE TAKE NOTICE that your application dated .~.C?~...~. ~......... · ·..Z ~ ., 19 .....E~-- for pemit to ~./~.. ~.~F&T... ~C~Z~..~ .Co.~ ........ at h~fi ~0~ .... Strut Hamlet County Tax Map No. 1000 Section ...L(~ ....... Block .. ~4 ........ ~t .~.~ ....... Subdivision .... ~...~ ........ Filed Map No ................. ~t .................. 0-52- RV 1/80 ~, Oo~r~c77o^~ ~,~7.',,~ [0~ ' /~r~"' J~c/~o-/,¢r. z is returned herewith and disapproved on the following grounds ................................ ·/.~... ~,~.~,~. . . . ~o.(.~. . ~. ,~v.c.o. . .~. .~.~,.~.~.o-~ ?. . ~. ......... . .q... ~.~ ...... ~... ~ E ~.~.. !~..~.~..~. .... ~ ............. .~~~ . . . '-----'''" - ----~=-Bfii~ing Inspector /J. (,) mission of this ~m, and an environmental made by this boa~before any action is tak ,requires sub- will be I,L l'P! .T .... S, (a) ]n ordJr to answer the question) in thla shor~ £AP ~e is a~tmed that tho preK~rer will u~ currentl? available Ln£o~ticn concernln~ the project ~nd ]~ely Lqp~cts of the action. It is not ex]netted that additional utudl~, or other investlfatlon~ w~l be undertaken, (b) If any question has be~n answered Yes th, project may be si~ni£1cant and a cc~leted Envir¢~ental Assessment Fo~m. le nece~:cary. (c) If all questions have been answered No it ~ likely tPmt ~c~ n~gniflcant. (d) ~vlronzental A~se~szent k. W~i proJec~ r~t in . large physical to the project ~lt. or physically alter t~n 10 acre~ of land? . , , , .... Ye~ X No · 2. WIll there be a ~Jo~ changm to any ~que or unusual lan~ fo~ fo~d on th~ site? . · y,~ X No W~i project alter or ~v, a larEe effec~ on an existin~ bod~ of water? . , , , , · · &. W~I project h~vo a poton~ially lar~, L~ on ~o.~dwater quality? ' ' · · , , , · · Yes X No p, W~i proJec~ ~lficantly ,fleet drainage ~ 6, Will project affect ,ny t~eatened or endanEer,d plant or an~.~l ~pec~es? , . , , , , , · Yo~ X No 7, W~I project reset in a major advors, effect on air quality? ~ , , , , , . , y~ X No 8, W~l proJ.c= hay, a mmJo~ eff~c~ on vl~u,1 kno~ %o be ~por%an~ ~o the community? * * · Yes X No 9. W~ll 9roJec: adversely ~pact any ~itu or ute of historic, pro-historic, or pml~ontolo~icul im~ortance O~ any Site dosi~atod as a c~itlcal 10. W~l project have a major effect on exl~t~g or 11. Will 9roJect result ~n ~Jor traffic problems or 12. ~111 project reg~arly cause o~Jectionable noise, ~tare, vibration, or electrical di~tur~ anco as a reset of the project's operation? . Yes ...X No 13. Will project have any impact on public health or l&, Will project ~ffect the existing co,unity b7 directly cau:in~ a ~rowth in ~ermanent popula- tion of moro than 5 percent over a on~yea~ period c~ have a =aJor ne~aclve effect on toe character of the com.mu~i%y ~r ne~Kh~orhood?.. Ye~ [~. I5 there ubl[c controversy c~ P - _ ng the project~ Yes X No PREPAqE2'3 SIG::ATL~S:~~~~ TI~E: Architect Gall Des~i~z'-- and ~ich~el Racz DA TE) November 14, 1985 November 14, 1985 (Today's Date) To: Southo!d To%~n Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Building Alteration Application of Oct. 21,1985 4255 Private Road # 10 (Halleck Lane] ~ Mattituck, Southold, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Une Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject prcperty in. tke within appeal application: (plea.~e chcc,, one box) [ ] ~k~y be located within 300 feet of tidal wetland~; hc%vever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. ~ [ ] May b'e located within 300 feet of tidal wetlands; ho:.;ever, 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 3,00 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 lochted within 300 feet of tiddi wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -[ x] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to NOTE: approval must be received an~ submitted to our your application can be.scheduled for a public [Starred items'(*) indicate your property does. fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signa~7~ please) j. ~ouglas Peix If proposed project falls witgkin D.EoC. jurisdiction, office before hearing. RDA Racz & Dessimoz Associates. Inc. 14 November 1985 To Whom It May Concern: I, Gail 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. 208 Fifth Avenue, Nex~ York, N.Y. 10010 (212) 686-9000 Telex: 649532 RDA NYK Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 December , 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E · Q · R · A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAl, DECLARATION JOSEPH H. SAWICKI Notice of Determination of N~m-Significance AP!~Eid, NO.: '3431 PROJECT NAME: J. Douglas Piex ']')]is not [ce is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of thc N.Y.S. Environmental Quality Review Act of the Environmeut.al Conservation Law and Loca] l,aw ~44-4 of tile ~ ~ ~cwn of Souihold. This boar(] determines cunt ;]{]verse effect or] the the within project not to have a signifi- environment for tile reasons indicated Plc'd:~e take further notice that this declaration should not be consh~.red a determination made for any other department or agency which amy also have an application pendin9 fer the same or simiJnr N ~:c j ec t. '?YPE OF ACT iON: [ J Type I] ~ Unlisted [ ] IH.;SCRIPTION OF ACTION: renovation to exceeding 50% of fair market va lue. 1,{~CATION OF PROJEC'F: Town of Southold, County ~)f S/lffolk, more I~rticularly knowu as: 4255 Private Road ~10 Halleck Lane, Mattituck,NY ~1000-112-01-004 REASON(S) SUPPORTING THIS DETERM[HATION: ( ] } An EnvJ uonmental A,~;sc:;smcn[ in tho :-;hour ][~,r~ has been :;uLmJtt. ed which indicates thnt no significant adverse effects to, t fic ,:~,,.'i~onment are likely Lo occur shou]d this p~oject bc imple- mcr trod as planned; (2) ~eproperty in ~estion is at an elevation of 10 or more feet above mean sea level. tT,)u Lhold ~-1809 FLIRTIIEi{ INFORMATfON, PI,EASt:; CONTACT: Linda Kowalski, Secretary, Town Board of Appeals, Town tlail~ Southold, NY 11971; tel. 516- or 1802. Copies of this notice 'aent to thc appLic~nt or his agent and posted the Town CI(¥~ Bulletin Southold Town Board of Appeals December , 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance AP~?EAL N0.:3431 ;~ROJECT NAME: J. Donglas Peix 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 J,aw ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cdnt adverse effect on the environment for the reasons indicated below. Please take ~urther notice that this declaration should not be considered a determination made for any o~h~3r department or agency which may also have an application pending for the same or similar ~roject. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: renovation to exceed more than 5~ fair market value LOCATION OF PROJECT: Town of Southold, County of ~ffolk, more l~a:~t~cu]arly known as: 4255 Private Road ~10 Hallock Lane, 'Matt. NY 1000-112-01-004 REASON(S) SUPPORTING THIS DETERMINATION: (]) An Environmu, ntal Assessment in the short form has been ~:ublni[t~_*d which indicates that no significant adverse effects to (bm environment are likely to occur :~hould this project be imple- Im.ntcd as planned; (2) The property in question is at an elevation of 10 or more feet above mean sea level. ?. I:L 3 .,-:: * T -k / II W I NDOW Ell::HEDUIE 6¥ 3-0 2 PATIO C21 - 1~ ~ Ciq~i[HENT C$I - 24~ % 021 - 24~ I ~T C2~ - 2424 ~ ~T CU~ ~ ~ ~ - 20~ 2 ~T C~ ~ - 24~ ~ ~HT C11 - 2432 1 C~mT CV ~0 I PATIO L~TTE CI~E ~IZE o! the ~iltlq 'cMliI Jr{~l~l ! 1&2,~ / / fl'ED( &. CRAV RD[ [^ R C H '! T~E C T U R. | JNEW YORK 10010 .(21_2) 6&!,,.~88L