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 will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road,
Southold, NY at a Regular Meeting commencing at 7:30 p.m: on THURSDAY ,
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
Ordinance, Article VII, Section 100-70(C) (1) for permission to construct
accessory ing.round swimmingpool upon premises known and .referred to as
53245 Main Road, Southold, NY, presently zoned "B-1" General Business;
identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01,
Lot 008.1.
7:45 p.m. Appeal No. 3196 - WALTER HAIRSTON, (Estate of). Variance to
the Zoning Ordinance, Article III ,Section 100-31, Bulk Schedule, for approval
of two parcels(with existing dwellings)having insufficient area, width and depth.
Location of Property: West Side of y�-arrolt Avenue, Peconic, NY; identified on
I
the Suffolk County Tax Maps as Dis``�rict 1000, Section 74, Block 3, Lot 10.
7:50 p.m. Appeal No. 3454 - 1 LICE D. CURRIE. Variance to the Zoning
Ordinance, Article III , Section 100-31, Bulk Schedule, for permission to
construct addition with an insufficient .rea.rya.rd setback at 1815 Soundview Avenue,
Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1.
7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER , JR. Variance to
the Zoning Ordinance, A.rti.cle III, Section 100-32 for permission to locate
tennis court in an area other than the required rear yard at 575 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 Zon-.ng Ordinance, Article III , Section 100-32 and Article XI . Section 100-119.2,
for permission to locate accessory storage building in the sideya.rd area and with
an insufficient setback from wetlands, at 7145 Soundview Avenue, 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 100-31, Bulk Schedule, for permission to locate new
dwelling with insufficient front and rear yard setbacks. Location of Property:
cn
East Side of Private Road(off the south side of Soundview Avenue) , Peconic, NY;
K:' identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9, Lot 18.
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Page 2 - Legal Notice 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 100-31, Bulk Schedule for permission to construct
addition with an insufficient sideya.rd setback, (b) III, Section 100-31, Bulk Schedule
for permission to construct addition which exceeds the maximum-permitted 20% lot
coverage requirements, (c) XI Section 100-119.2(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. 1000-53-05-034, (also
known as Lot 413, Map of "Southold Shores," Map No. 3853.
8: 20 p.m. Appeal No. 3421 - JOSEPH ZIELONKA (ESTATE OF). Variance to the
Zoning Ordinance, Article III, Section 100-30, and Article XI, Section 100-118 , for
permission to utilize premises located in this A-Residential and Agricultural Zoning
District for two B-Light Business uses En addition to two dwelling uses. Location of
Property: 27475 Nlain Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-
01-13.
8:25 p.m.. Appeal No. 3431 - SAIL DESSINIOZ AND MICHAEL RACZ . Variances
to the Zoning Ordinance, Article X� , Sections 100-118(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. (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) .
Dated: January 21, 1986. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
------------------------------------------- -------------------------------x
INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: Thursday, January 30,
1986, and forward nine affidavits of publication to: Board of Appeals, Main Road,
Southold, NY 11971. (on or before February 3rd)
-----------------------------
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IAAIN f;UAj) - S. R. 25
SOU i HCLD, N.Y.,.,11971
NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town
Law and the Code of the Town of Southold , the following public
hearings will be held by the 'SOUTHOLD TOWN BOARD OF APPEALS- at
the Southold Town H-al 1 ,- Mai n Road, Southold , NY at- a -Regu-1 ar Meeting
commencing at 7 :30 p-.m. on THURSDAY , 'DECE-MBER 12 , 1985 , a-nd as
follows :
7 : 35 p .m . Application of EDWARD AND- NORMA BURTON , 12960 Main
Road , East- Marion ,- -NY for a V-aria-nce to the Zoning " Ordin-ance ,
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 Zoning Ordinance ,- Article III , Section
100-31 , Bulk and Parking Schedule , for approval of insufficient
area of proposed -Parcels 1 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 31, Lot 26 .
7 : 45 p .m. Application of JAMES AND MARY TYLER , 625 Marratooka
Road , Mattituck , -N-Y 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 , Section 100-31 , Bulk Schedule , for approval of
the construction of greenhouse addition with an insufficient setback
from the south (easterly ) side 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 1 , 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 100-118 (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 100-30 (C) for permission to erect a wind tower. exceeding
18. f.eetiin height for the purposes of producing electricity , at
-premises known -as -35675 Route 25 , Orient , NY ; County Tax Map
District 1000 , Section 19 , Block 2 , Lot 10 .-
8 : 15 p .m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by
J . Doug-las Pei. x , 20-8 Fifth Avenue , New York , NY 10010 , for a
Variance to- the Zoning Ordinance, Article XI , Sections -100-118-( E)
and 100-119 . 2 , for : (a ) permission to renovate and expand
existing nonconforming cabin guest cottage without �ke-e` '
faci l i;ties] exceeding 50%.. of value arid. square . footage- of same
as exists ; (b ) permission to coYistruct addition to existing
nonconforming cabin within 100 feet of bluff along the Long
Island Sound, at premises known- as 4255 Private Road #10 (Hallock
Lane ) , Mattituck , NY ; County Tax Map District 1000 , .Section 112 ,
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 abutting thb Main Road , the nearest
street intersection . Premises located on the east side of Marlene
Lane , Mattituck , NY ; County Ta-x 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
BOARD OF APPEALS
GERARD P . GOEHRINGER , CHAIRMAN
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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 loth .
--------------------------------------------------------------------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 f
Mr . J . Douglas Peix for Dess.imoz and Racz �� �
Mr . Robert A. Celic.
Edward J . Boyd V, Esq . (Re . Rapanakis )
'ZBA Members
ZBA Individual Files
Town Board
FORM NO.3
+ Y
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL,
Date OtTO.e�'(—:WC. . Z.�?. . . . . . . .,
To J- U(A- L 1q , C/u . . . . . . . . `
Q . . . . . . . . .! . . . . . . . . . . . . . . .�J✓h(G Z
PLEASE TAKE NOTICE that your application dated -0(:! /U�> K: . . . . . . . . 19 !� .
for permit to . A�J . /O ,Y,i ��lQll�7 . �,K/. �ir4r�. . �. C .1�.fl�j . . . . . . . . at
Location of Property �� ��-�. . .�t'l� •!.�. �� ��. . . .
House No. Street Namlet
County Tax Map No. 1000 Section . . . . . . . . . . Block . .�. . . . . . . . . . Lot .�X�. . . . . . . . . .
Subdivision . . . .:=. . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following groundss . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .
;:5. . . .:�Qlq.
. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�ssc�c%
• • • • • e�'a o s • • • • • • • • • s • m • o • • • • • • • • • • o e o • s e o • • o o • e o • e o o • • e
� '
_ B ilding Inspector
RV 1./8 0 C.0,eVs`r0f,-,eF.,vev WeT�ow tG o `-- Y or- —66-O FF ^�
�Aer
S
9.
FORM NO. 1
TOWN OF SOUTHOLD .
BUILDING DEPARTMENT OCT 2 110
TOWN HALL
FOUTHOLD, N.Y. 11971 BLDG. DEPT.
TEL.: 765-1802 7QVUN OF SOUTHOLD
arnined . . . . . . . . . . . . . . . .. Ig . . . Received . . . . . . . . . . . . 19 . .
proved . . . . . ... . . . . . . . . .. 19 . . . Pen-nit No. . . . . . . . . . . . .
;approved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
I Date . . . . 19
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
,on.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Pen-nit to the applicant. Such permit
11 be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
11 have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
-1ding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
y
.Ulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
- applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
nit authorized inspectors on premises and in building for necessary inspectip s.
. . . . . . . . . . . . .
(Signature of p icant, o name, if a corporation)
208. Fifth.Ave.,. N.Y_,. N.Y_. 10010. . . . . . . . . . . . . .
(Mailing address of applicant)
ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
rchitect
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ime of owner of premises Michael Racz & Gail Dessimoz
(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. . . . . . . . . . . . . . . . . . . . . . . . .
Electrician's License No. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
Cthzr TraJc's
Location of land on which proposed work will be done. *. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .
4255 Private Road # 10 [Halloc1c Lane] Ma
ttituck
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House Number Street Hamlet
County Tax Map No. 1000 Section . 112. . . . . . . . . . . . . . Block .01. . . . . . . . . . . . . . . Lot -004. . . . . .. . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . .
(Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy . . .residential. . . . . . . . . . . . .. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
residential 1 1, .
b. Intended use and occupancy . . . . . . I . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.A NatEe of work (check which aP1 ble): New Building . . . . ... . . . . Addition . . . . . . . . . . Alteration x . . . . . . . .
Repair . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . .
(Description)
4. Estimated Cost . $45:000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(to be paid on filing this application)
5. If dwelling,number of dwelling units . . . . I. . . . . . . . . . Number of dwelling units on each floor .-. . . . . . . . . . . . .
Ifgarage,number of cars . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . .
7. DimensionslSf existing structures, if any: Front 11.6.1. . . . . . . . . . . Rear .1.6.1. . . . . . . . . . . Depth J.0.'.6!.. . , . , , , , ,
Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .
Dimensions of same structure with alterations or additions: Front 20.'. . . . . . . . . . . . . . . Rear . .2.6.. . . . .
Depth . ?0... . . . . . . . . . . . . . . . . . Height ?2,' to Beak;,, l7.16" to. NtuPnber of Stories . 2 . . . . . . . . . . . . . . . . . . .
8. Dimensions of entire new construction: Front . 2.0.1. . . . . . . . . . . Rear . ?.Q.. . . . . . . . . . . Depth 2.0.. . . . . . . . . . . .
Hei;rht 2.7.1b11. . . . . . . . . . Number of Rtorins . . . . .2. . . . . . q
9. Size of lot: Front . .7.0.. . . . . . . . . . . . . . . . . . Rear . .12.5.'. . . . . . . . . . . . . . . . L kg1h D6 L'1 Uw ' ' Etta td. . . .
10. Date of Purchase Q,ctober, 1983, , , , , , , , , , , , , , , , Name of Former Owner . . . . . . . . . . . .X . 11rb.ane11•o .
11. Zone or use district in which premises are situated .'A'. Residential-Agricultural,
12. Does proposed construction violate any zoning law, ordinance or regulation: . .rLo . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Will lot be regraded AQ . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes x No
14. Name of Owner of premises Mic-hae1. .RaGz . . . . . . . . Address .5IA Ave,. NYC , , , Phone No.?1,2-686-9000
Name of Architect . . .J... ,D.OLk9las, PeiX , , , , , , . AddressN 5t11 Ave,. NYC , , , Phone No.?12-683-9888
NaBO@Ckma;n B 49,,, ConstructionAddressM�'ttituck , , , , , , , , , , Phone No.51,6;298;5319 .. . . . . . . . . . . . . . . . .
PREEXISTING CERTIFICATE OF OCCUPANCY No. Z11990
--_- PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
see attached plan
STATE OF NEW YORK, S.S
COUNTY OF . . . . . . . . . . . . . . . . .
• • • • • • • • • being duly sworn, deposes and says that lie is the applicant
(Name of individual signing contract)
above named.
Ire is the . . . .H44V, . . . - . . . . . . . . . . . . . . ^�.r�?' *4:� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
. . . . . . . . ' . . . . . . . . . .day of. . l i �. �c? C'. -:�. . . 19((.
Notary Public, �.' i . .�c`.j^ f�: .r`�: County
. . . . . . . . . . . . . . . . . . . .
uk19A J. (Signature of applicant
NOTARY PUBLIC.SYQ4®of NewYortt
No.4822563,Suft1k Cour,j
Term Expirea March 30, 1 a �_,
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE November 14 1985
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) .....1....Ds�ugaas..P.szx...............................of .......2Q$.. iGh..Au.Qm1.Q.....................................
Name of Appellant Street and Number
.................. New..York. . .......NY............HEREBY APPEAL TO
.. .. . .............................................................. .....
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING .INSPECTOR ON
1
APPLICATION FOR PERMIT NO. --- ........... DATED October 2 1985
.............. ,... ..........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
J:...Douglas„Pex.. ...... .............................
Name of Applicant for permit
of 208 Fifth Avenue, New York, NY 10010
................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X)
Permit for building alteration
1. LOCATION OF THE PROPERTY ...4255 Private..Roa.d..#10............(Hallock Lane),..Mattituck
. ...... ..................... .....................
Street Use District on Zoning Map
1000........................................112 01:Q04..........•Current Owner Gail Dessimoz & Michael Racz
Mop No. Lot No.
2. PROVISION'(S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XI, Sections 100 - 118E 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 Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has)(as not) 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
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that
the Owners wish to renovate an existing cabin to meet their family needs.
Form zsi (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.uridertake._: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 the 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.
STATE OF NEW YORK )
ss ........ ... .. ...... . .. ............ ...........
COUNTY OF glll�t le-)
ignature
/�/ y1L
Sworn to this .............1..1............................. day of..... Qllzzf?2. �� .................. 19 �
UN5A P: RMALM
/ NOTARY PUBLIC, State of IVew York
NO: 52-4524-771
..................................... �o Qbalified in Suffolk County
Notary Public Fnmissioll Expires 69arch 30, ;gg, /
707461 SOU T HOLD P O IE TY RECORD CAR® -1f1
OWNER STREET VILLAGE DISTRICT S LOT
- G F
}76
FORMER OWNER N E r' ACREAGE
a. dea h�
�j S t ! W TYPE OF BUILDING
RES.,?i, SEAS. VL. FARM I COMM. I IND. I CB. I MISC.
LAND IMP. TOTAL DATE REMARKS
liYiv ' f L`rr7G�H's H34 eake.,/n�1C1Y C a►+
p G �{ d r // �� c�o�� //FG o-a ✓a a ffic�r, fa C�o di /
�3
O �z�
AGE S B IL71NG O 10
�F3 �'o c� A.�/�; �h is �ceuu/
6
3 nNEW �yAORMAIL g2'oo �W /0/,� ; ABOVE /o���. .�.-e� �.137,aBo o%,�eeuc�/ �o �2cz
Farm �- Acre/ I Pier A !o slue f2 �
Tillable 1 23 Rv• ,D eP7,q
Tillable 2 Q Z q, rZ 13oZ1 �Qq �t t2 �-t�v� iz� Io�Ov�,r"�
Tillable, 3
Wcodland
Swampland
Brushland
House Plot
Tctc l
I `Y
I ik -J-� T I
i
I I L , s
M. Bldg. I 032 _ o Foundation ; _ Bath 13
Extension Basement p:v Floors fj� ; -7-600
Extension 6 X 2-� _ 13 �5�� ��� V �� Ext. as jv =�r interior Finishf� '
Extension I k r ► �� Fire Place S Heat
Porch Attic
Porch Rooms 1st Floor
--------------
Breezeway Patio Rooms 2nd Floor
Garage s1L/ Driveway
O. B.
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF GAIL DESSIMOZ AND MICHAEL RACZ
THURSDAY, AUGUST 14, 1986 PUBLIC HEARING
8 : 05 p.m. Appeal No. 3433 - Public Hearing commenced in the
Matter of GAIL DESSIMOZ AND MICHAEL RACZ. Variance for neces-
sary improvements over private R-O-W known as Hallock Lane.
(Private Road #10) , Mattituck.
The Chairman read the legal notice and application for the
record.
CHAIRMAN GOEHRINGER: I have a copy of the survey indicating
the property dated July 7 , 1966 and produced by Roderick Van
Towl, P.C. indicating this long right-of-way which leads from
Sound Avenue to the parcel which is presently on the Long Island
Sound. And I have a copy of the Suffolk County Tax Map indicat-
ing this and surrounding properties in the area. Is there some-
body who would like to be heard? Just state your name for the
record.
MR. RACZ : I 'm Michael Racz. Even though you stated this so
quickly, I think I understood most of it. That basically is
our position.
CHAIRMAN GOEHRINGER: What confused me was that I've seen this
application before. Of course we had only addressed the one is-
sue on this. ap_ plication which I believe the last time was the
elongation of the building. So I thought I might have been read-
ing the old application, ,for a ,moment and that' s the reason why I
was somewhat confused and there was some shuffling.
MR. RACZ : We modified the plans to strictly renovate ,the property
based on that. So now their' question is what .do they need to do
that.
CHAIRMAN .G.OEHRINGER: 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 0J�*is?
MR. RACZ: Yes I did. Mr. Harmon, our neingbor, has made a modi-
fication to the .road where he has cut a channel which would pre-
vent a lot of those puddles which were there at the time of the
inspection. So the road has already been substantially improved,
as far as that' s concerned. In addition I don't know if you had
mentioned that it hadn't posed any type of hazard. The fire de-
partment and the police department have both been able to trans-
verse the road without any difficulty and we are the only people
that would be doing anything at that time. It' s a competitive
situation as far as the road is concerned. . There' s no way that
he can change his watering routine because he has to have his
irrigation come to the edge of the road. So it' s going to water
Page 2 - August 14, 1986
Public Hearing - Gail Dessimoz and Michael Racz
Southold Town Board of Appeals
MR. RACZ (continued) :
his side of the potato field and it's also going to water the
road. So that' s going to be a reoccuring situation. We can
live with it. It doesn't bother us but it's quite a bit bet-
ter.
CHAIRMAN GOEHRINGER: If you .remember when I had met you up
there last (couple of years, .I guess it was) January; at the
time. I had observed you were in a 4-whell drive vehicle. Is
that correct?
MR. RACZ : Possibly.
CHAIRMAN GOEHRINGER: Because I was in my 4-wheel drive vehicle
at that time and of course the road. . . . It was passable with a
4-whell drive vehicle at that particular time. That' s what we
are specifically concerned with; that 12 months of the year vehi-
cles can get up.
MR. RACZ : Well our neighbor on the right hand side has a standard
1-wheel drive no posy traction Volvo station wagon and he' s never
gotten stuck and the people on the left have standard vehicles. I
just. . . That was a good excuse to get a 4-wheel drive vehicle.
It hasn't really been necessary.
CHAIRMAN GOEHRINGER: Ok. And there isn't anything in the engi-
neers report that you would like to address as being somewhat pro-
hibiting in your opinion? Something that we might have to address?
MR. RACZ : The prohibited aspect of it is that the cost of construc-
tion of the specification made would exceed the value of what we
plan to do by a factor of maybe 5 not even 3 as
I had mentioned. We just basically want to make that shack safe and
fix holes in the roof and make it look decent because we have to look
at it all the time. It' s right in our front yard so to speak and
what he is basically asking us to do is make this basically just a
thoroughfare as far as an accessible
So that' s a hardship. I did say that we were unable to use this
house (our c.o. which the shed does have) because of it's condi-
tion. So in a sense; what we had planned on -using when we pur-
chased the place, we're not able to fulfill because we haven't
been able to use that for any, not even storage because water
gets in.
CHAIRMAN GOEHRINGER: Did you, and I somewhat have mixed emotions
about asking you this question. But have you approached your other
property owners and indicated to them that they probably have no
right to enter into a building permit with the Town of Southold
without having this particular approval also and maybe they would
consider sharing in some of the cost.
MR. RACZ : Of repairing the road?
Page 3 - August 14, _,36
Public Hearing - Gail Dessimoz and Michael Racz
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Right.
MR. RACZ: Well I hadn't thought of that because I don't know of
anybody doing any construction. I had spoken to the farmer and
the neighbor next door and they said they were willing to put in
some effort into the road but I doubt they're ever going to bring
it up to this particular standards of resurfacing and making it
entirely a different type of road. Because of the fact that the
farmer' s irrigation is just going to make the same condition oc-
cur over and over again. . And we don't have any objection to his
doing this. It doesn't make any difference to us.• if there' s water
there we just go through puddles.
CHAIRMAN GOEHRINGER: You are aware of the conditions that we re-
quire the gentleman just to your east to construct a road. I 'm
talking about the conditions that we imposed upon him and then
he had to construct a road based on those particular. . . I believe
the road is the next one.)to the east of you. My mind escapes me
as to who the. . . Pardon me.
MR. RACZ : The Lenz property? On the Lenz?
CHAIRMAN GOEHRINGER: I believe that was the. . . So we 're talking
about an extensive renovation here.
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
CHAIP14AN GOEHRINGER: Ok. I thank you. Alright. Hearing no
further questions, I' ll make a' motion closing the hearing and
reserving decision until later.
All in favor - aye
(Transcribed from cassette tapes recorded electronically 'by
Linda Kowalski. , ZBA Clerk , during the meeting . )
Nadia ,,,Moose
VI
COUNTY OF SUFFOLK
PETER F.COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E.KoPPELMAN
DIRECTOR OF PLANNING
A ril 3, 1986 04
P
Mr. Gerard P. Goehringer, Chairman
Town of Southold Zoning Board of Appeals
Main Road
Southold, N.Y. 11971
I
Re: Application of "Gail 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
Director of Plannin
by
Ger`�d�G. Newman
Chief Planner
GGN:jk
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,L.L.NEW YORK 1 1 788
(51 6)360-51 92
z y '
Southold Town B®ard of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. "
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI _
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 Sectiois100-118) E) and
Variance from Determination of Southold Town . 100-119 . 2
Building Inspector
Special Exception, Article Section
Special Permit
Appeal No. :3431, Applicant: GAIL DESSIMOZ AND MICHAEL RACZ
Location of Affected Land: 4255 Private Fed.#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
_ 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
nonconforming cabin exceeding 500 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 L. I. Sound
Copies of Town file and related documents enclosed herewith for your
review.
Dated:March 24, 1986
. ' ' Secretary, Board of Appeals '
��cwFFOLK�OIi `,
Southold Town Board of Appeals .
�
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 .
TELEPHONE (516)-765-1809
APPEALS BOARD August 1.4, 1986
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CtIARLES GRIGONIS, JR. S.E.Q.R.A.
SERGE DOYEN,
JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO. : 3433
PROJECT NAME: GAIL DESSIMOZ AND MICHAEL RACZ
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [•" i Type II [A. Unlisted [ ]
DESCRIPTION OF ACTION: Variance--for necessary improvements over
private R-O-W known as Hallock :Lane
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Private Road #13 N/s of Sound Ave. , Mattituck, NY
1000-112-1-7 & 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 directlyrelated to new' build-
ing construction. `
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.. Town Hall, Southold, NY 11.971; 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:
-
z
Southold Town Board ®f Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI March 18, 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 10, 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
1
( Y
hj Southold I own Board of Appeals
F14t ;.
�• ®�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
s�O` � TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
1'
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
TEL. 765-1802
TOWN OF SOUTHOL D
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
®� SOUTHOLD, N.Y. 11971
�141
January 16 , 1986
TO : Jerry Goehringer ,
Chairman , Board of Appeals U
FROM: Victor Lessard
Exec . ' Admin .
SUBJECT : 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 owrier , 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 contact-
my office .
VL :hdv
Southold Town Board ®f A ea ts
o
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO : Building Department
FROM : Jerry Goehringer , Chairman , Board of Appeals
DATE: January 15 , 1986
SUBJECT: Request to Stop Work - Lack of 280-a .
It has recently been brought to our attention that a foundation
for a new dwelling is under construction at premises now owned
by Edward Harbes located along a private right-of-way referred
to as Private Road #10 , Mattituck ; 1000- 112- 1 -7 .
Please be advised that it does not appear that this right-of-way
has approved access pursuant to New York Town Law , Section 280-a
by either the Planning Board (which is reviewing a pending
subdivision application for these premises ) or by the Board
of Appeals . It is therefore requested that all work be stopped
by your office until such application has been made and finalized
for approval of access .
lk
.1
— NOTICE
NOTICE IS HEREBY GIV-
EN,pursuant to Section 267 of COUNTY O F S U F FO L K
I 'the•Town Law and the Code of ss:
1 the Town of Southold, the STATE OF NEW YO R K
following public hearings will,be
held by the SOUTHOLD
TOWN BOARD ORAPPEALS
at the Southold Town Hall, Patricia .Wood, being duly sworn, says that she is the
Main Road, Southold,NY at'a Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Regular Meeting commencing at a public newspaper printed at Southold, in Suffolk County;
7:30 p.m. on THURSDAY,
FEBRUARY 6; 1986 and ,as i and that the notice of which the annexed is a printed copy,
follows: has been published in said Long Island Traveler-Watchman
7:35 p.m. Appeal No. 3432- I once each week for . . . . . . . . . . . . . . . . . ./. . . . . . . . . weeks
JOHN AND JOYCE -1,
HOLZAPFEL (Recessed from
I 14
1/9/86). successively, commencing on the . . . . . ...3d. . . . . . . . . . . . .
7140 p.m. Appeal No: 3446-
MARGERY' D. BURNS:
Variance to the Zoning Or- I day of . . . . . . . . . . . .119A .
dinance, Article VII, Section
100-70(C) (1) for permission to -------- "-
construct accessory inground ! " " " " " " " " " " " " " " . . " " "
t swimming pool upon,premises
knn n a rafo��..a_._.- 6m
tiori Il�ll- i6, for permisslpil`To 5
utilize premises located in""this:' - ,
A Residential and Agricultpral 1
1 Zoning District for two B-Light
Sworn to before me this �0 day of
Bus
ess uses in addition to two s
G, 'dwelling uses:;Location of Pro- j , 19 0%
pe`.r'ty: 27475 Main'Road;,Cut-- it
ch6gue, NY;.County Tax Map
�. Parcel No.,1000-102;01-13:•--
`1.. 8:25 p.m. Appeal No. 3431- 1
GAIL DESShMO,Z AND_ ;,
:MICHAEL RACZ.Nariances to r`~
the,Zoning Ordinance, Article Notary Public
XI; Sections 100-118(E) .and" 1 BARBARA FORBES
100-119.2 for: (a).permissioh
'renovate .and expand existing I
Notary Public, State of New York
:nonconforming cabin.: (guest I No. 43068-16
cottage without kitchen.`fa- ; Qualified in Suffolk County
{ 6lities)exceeding 50016 of value I Commission Expires March 30, 19 P6
1 iand,,square footage of same asp ;y
exists, arid- (li) permission to
Iconstruct addition to existing
nonconforming cabin within
�100 feet of bluff along the Long
Island Sound, premises known
tat 4255 Private Road No. 10
(Ha11 ck Lane),Mattituck,NY;
County.Tax Map District 1000,
Section 112,Block 01 Lot 004. I
(Hearing recessed from-
' December 12, 1985).'
i
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
E' the hearing in question.- For
more information, please call
t. 765-1309(alt. 1802).
Dated: January 21, 1986. .
BY ORDER OF THE
SOUTHOLD TOWN
_ BOARD OF APPEALS
GERARD P. GOEHRTNGER,
CHAIRMAN
Z 1T-1/30/86(28)
ZONING BOARD.
OF APPEALS
NOTICE 1S HEREBY,' COUNTY OF SUFFOLK ss:
GIVEN, pursuant to Section j STATE OF NEW YORK
261 of the Town Law and the '
Code of-the Town of Southold,
the following public hearings
will be held by the SOUTH- I Patricia .Wood, being duly sworn, says that she is the
OLD TOWN BOARD OF AP-
' Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, �®
PEALS at'the Southold Town
Ball, Main Road, Southold, a public newspaper printed at Southold, in Suffolk County;
NY at a Regular Meeting and that the notice of which the annexed is a printed copy,
commencing at 7:30 p.m. on
THURSDAY,DECEMBER 12, has been published in said Long Island Traveler-Watchman
1985, and as follows: once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks
1:35 p.m. Application of
EDWARD AND NORMA
BURTON, 12960 Main Road, successively, commencing on the . . . . . . . . . . . . . . . . . . . . . .
East Marion, NY for a Vari-
ance to the Zoning Ordinance,
. . : . c >v . . . . . . 5. .
� Article III, Section, .100-32, d a Y of • • • • • 19,
for permission to locate acces-
sory storage shed in an area
other than the required rear- " " ' " " " " " " " " "
yard at premises, known as
12960 Main Road, East Mar-
ion, NY; County Tax Map
District 1000,Sectiori 31,Block �-
14, Lot 10. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of
7:40 p.m. Application for
EMILIA T. PIKE, Main Road, �
Mattituck, NY2&G
for a Variance ,,.�• • • . . . . . • . , 19 . 1. .
�3as 5bi��couteL,;Urtent,`rr'Y"; �
County Tax Map District 1000,
Section 19, Block 2, Lot 10.
8:15 p.m. Application for 4 �s
GAIL,DESSIMOZ AND MICH- ,
AEL RACZ by J. Douglas
Peix, 208 Fifth Avenue, New I Notary Public
York;NY 10010,for a Variance
to the Zoning Ordinance, Arti- BARBARA FORBES
cle XI,Sections_100-118(E)and Notary Public, State of New York
100-119:2,'for: (a) permission No. 4806846
to renovate and expand exist- Qualified in Suffolk County
ing nonconforming • cabin Commission Expires March 30, 19 6
(guest cottage without sleep- i
ing facilities) exceeding 50%
of value and square footage of
same as exists; (b) permission
to construct addition Ito exist-' d
ing nonconforming cabin with-
in'100' feet of bluff along the
Long Island Sound, at premis-
es known as 4255 Private Road
#10(Hallock Lane), Mattituck,
NY; County.Tax Map District
1000, 5ection:.412, Block 01,
Lot 004''.
8:25 p.m. Application of
ROBERT A. CELIC,Box 1247,,
Mattituck, NY for a Variance
to the Zoning Ordinance, Ard
cle VII, Section 100-71, for
permission to establish access
I to and from Marlene Lane for
off-street parking which will
be located less than 50 feet
from property abutting the
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 conclus-
ion of the hearing in question.
For more information, please
call 765-1809 (alt. 1802). .
Dated: November 26, 1985.
BY ORDER OF THE
SOUTHOLD'TOWN BOARD
OF APPEALS.
GERARD P.GOEHRINGER;'
CHAIRMAN
1112/5/85(5)
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 , NY 11580
Mr. Joseph Grasso , 1726 Meadow Lane, East Meadow, NY 11554
Mr. James Gray , Southold , NY 11971
Mr . Frederick. W. Koehler , J%, . Box 293 , New Suffolk , NY 11956
Riverside Homes , Inc . , P .O . ox 274 , Riverhead , NY 1190.1
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 10010
Charles Matthews , Esq . in opposition , Box 800 , Huntington , NY 11743
Town Clerk Bulletin Board
ZBA Bulletin Board
Building Department
ZBA Individual Files
ZBA Members
11 cles:(a)"' "section 100-31;:sulk ---
.iU gal N®t1Ce�` ``: Schedul permia�`.,,n to con-::
struct z _ on•:r,th an insuffi
.cient side,and setback, (b) III,'`
LEGAL NOTICE Section.100-31; Bulk,Schedule
NOTICE IS HEREBY GIVEN, , for'permission'to construct addi-
pursuant to Section 267 of the tion.i which':"' exceeds the STATE OF NEW PORK 1
Town Law and the Code'of,th'e :-'.maximum-Permitted 20% lot
Town of Southold,'the follow'in 'coverage•requirements, (c) XI SS:
g '•'. Section 100-119.2(B)for ermis-
public hearings"will beheld liy.� :'' p COUNTY OF SUFF®LK )
the SOUTHOLD 'To"',. sion to construct addition with an
BOARD OF APPEALS'at the insufficient setback from wet-
Southold Town Hall,Main Road, •`. lands:Location of Property:1250 Mary K. DEgnan Of Greenport, In
Southold,NY at a Regular Meet Blue Marlin Drive, Southold,
ing commencing at 7:30 p.m.oh NY;County Tax Map Parcel No. said County, being duly sworn, says that he/she is
THURSDAY;'FEBRUARY 6,' 1000-53-05-034, (also known as Principal Clerk of THE SUFFOLK TIMES,a Weekly
1986 and as follows: Lot #13, Map of "Southold
7:35 P.M. Appeal No. 3432 — Shores,"Map No,3853. ' Newspaper, published at Greenport, in the Town
JOHN AND JOYCE HOL4 8:20 p.m. Appeal No. 3421 — Of Southold, County ZAPFEL(Recessed from 1/9/86). JOSEPH ZIELONKA' (ES• y of Suffolk and State of New
7:40 p.m. Appeal No. 3446.— TATE OF).Variance to the Zon- York, and that the Notice of which the annexed is
MARGERY D. BURNS. Vari. ing Ordinance, Article III, Sec-
ance to the Zoning Ordinance, tion 100-30,and Article XI,Sec- a printed copy, has been regularly published in
Article VII,Section 100-70(C)(1) tion 100-118, for permission to Oe
for permission toconstructacces= utilize premises located in this said Newspaper once each week for n
spry ifiground swimming 'pool A=Residential and Agricultural weeks successively, commencing on the 30
upon premises known and refer- Zoning District for two B-Light
red to as 53245 Main Road Business uses in addition to two day of `Ta r U-!ry 19&6—
Southold, NY, presently zoned dwelling uses. Location of Prop-
"B-1" .General Business; iden- erty: 27475 Main Road, Cutch-
tified on the Suffolk County Tax ogee,NY;County Tax Map Par-
Maps as District 1000, Section eel No. 1000-102-01-13. ram,
61,Block 01,Lot 008.1. 8:25 p.m..Appeal No. 3431
7:45 p.m. Appeal No. 3196 GAIL DESSIMOZ AND Pr' cipal Clerk
WALTER HAIRSTON', (Es- MICHAEL RACZ.Variances to
Late,of).Variance to the Zoning the Zoning Ordinance, Article
Ordinance, Article III Section XI,Sections 100-118(E)and 100- Sworn to beforwme this ANN M. ABATE
100-31, Bulk Schedule, for ap-': „1.19.2 for:(a)permission to reno- ®f �T BLIC,State of Naw York
proval of two parcels(with exist ;:: vate and expand.existing non- C*V unty No.4748183
ing dwellings) having insufri ' conforming cabin(guest cottage Te Er.pires Mardi 30, 19V
cient area,width and depth.Lo- without kitchen facilities)'ex- p
cation of Property: West Side of ceeding 50%of value and square t
Carroll Avenue, Peconic, NY;'., footage of same as exists,and(b)
identified on the Suffolk County permission to construct addition
Tax Maps as District 1000,See- to existing nonconforming cabin
tion 74,Block 3,Lot 10. within 100 feet of bluff along the
7:50.p.m. Appeal No. 3454 - Long Island Sound, premises
ALICE D. CURRIE. Variance 'known as 4255 Private Road#10
to the Zoning Ordinance,Article- (Hallock Lane), Mattituck, NY;
III, Section.. 100-31 Bulk ` ,County Tax Map District 1000, ,
Schedule,for permission to con:': Section 112, Block 01,.Lot 004.
struct addition with an insufii."'; < (Hearing recessed from De-
cient rearyard setback at 1815 cember 12,1985).
Soundview Avenue, Southold, The Board of Appeals will hear
NY;County Tax Map Parcel No. at said time and place all persons
1000-59-06-019.1. desiring to-be heard in each of i
7:55 p.m. Appeal No. 3443 — the above matters.Written corn'
FREDERICK W. KOEHLER ments may also be submitted
JR.Variance to the Zoning OidiP prior to the conclusion of the
nance,Article III,Section 100-32 hearing in question:For more in-
for permission to locate tennis formation, please call 765-1809
court in an area other than the (alt. 1802).
required rear yard at 575 Old Dated:January 21, 1986.
Harbor Road, New Suffolk,NY; BY ORDER OF
County Tax Map Parcel No. THE SOUTHOLD TOWN
1000-117-3-6. ' BOARD.OF APPEALS
8:00 p.m. Appeal No. 3444 — GERARD P.GOEHRINGER,
JOSEPH AND TRANCES CHAIRMAN
GRASSO. Variance to the Zon- ;. 1TJ3075143
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 an
insufficient setback from wet-
lands, at 7145 Soundview Av-
enue,Southold,NY;County Tax
Map Parcel Np. 1000-59-06-003.
8:05 Am. Appeal No. 3448 —
RIVERSIDE HOMES, INC.
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31, Bulk Schedule, for permis=
sion 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,..Avg ;
3nue),Pecwnic,NY;identified on':'.,.R
:he Suffolk County Tax Maps ae
Astrict 1000, Section 59,Block
Lot 18. '
8:10 p.m: Appeal No. 3383 -
,NNA PACIFICO. Variances
the Zoning Ordinance,-Arti
|�� �
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/\ RCH | TE { TURE
208 9lFTB AVENUE ^ NEW YODK
L_-------J NEW YOD}( I0010 ^ (2I2) 683 9008 L---------J �--------�
I COTTAGE - EXPEDITING
[I COTTAGE / COVE8-31
2 January 1986
���� �� �
�mmuz� m� J� ��U�
��c ~'
Mrs. Linda F. Kowalski �f nu7 T
Zoning Board of Appeals +w««ua ��
Town Hall
53095 Main Road
Southold, NY 11981
151Q 765-1802
[516] 765-1809
RE: Appeal #3431 - Michael Racz and Gail Dessimoz
Dear Mrs. Kowalski :
This is a letter to confirm my receipt of your letter dated
30 December 1985. 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 square footages of the existing cabin and the
proposed cabin, 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-53 . These are drawn to the scale of 10" =
1 ` 0" . To the left of these plans we have answered the questions
which 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
�J
J. Dougl FP-eix �
Enclosures
cc: Mr. Michael Racz
JDP/sl
FFoUr�o
z
Southold Town Board , ofAppeals '
'�iJfiol ��o� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ,
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 30, 1985
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. -
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Mr. J . Douglas Peix
Peix and Crawford Architecture
208 Fifth Avenue
New York , NY 10010 .
Re: Appeal No. 3431 - Michael Racz and Gail Dessimoz
Dear Mr. Peix :
This letter will confirm that the board took the following
action at ..our Regular Meeting held December 12 , •1985 i_n the
above matter :
RESOLVED, to recess the public hearing in the Matter of .
Michael Racz and Gail Dessimoz under Appeal No . 3431 , pending
receipt .of the following :
�O/ 1 1 . Written response from the Soil and. Water Conservation
Dk istrict of the U . S... Department of Agriculture, and
2 . Four copies of a plan' (to scale ) depicting the square
� a footag_e of the existing "cabin area ;" .the square footage of
the "cabi_n area" to be added;, and the percentage over. 50%
being requested*-i n this. variance appl i.cation .
Enclosed for your information is a copy of the report
from. the Soil and Water Conservation District received Decem-
ber 27th.
Upon receipt of Item 2 ; supra , we will be in a position
to readvertise this. application. and possi_b_ly Appeal ..No . 3433
for approval of access..
Yours very truly ,
Enclosure Linda Kowalski
�I
COUNTY OF SUFFOLK
PETER F.COHALAN
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER
DISTRICT MANAGER
December 23, 1985 CCCJJJ����
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,
le-
Stanley A. Pauzer,
District Manager
Enclosure
Ag�en3a item for
copies
_a
:.: for ZBA. f1 e
a pommonta 6r Repll Requeof ed
127 EAST MAIN STREET
RIVERHEAD.NEW YORK 1 1901
(51 6)727-231 5
r +
d United States Soil
Department of Conservation 127 East Main Street
Agriculture Service
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 Hallock'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,
0ali—il
Allan S. Connell,
District Conservationist
The Soil Conservation Service SCS-AS-1
`J is an agency of the 10_79 /
Department of Agriculture /
}
CORWIN & MATTHEWS
COUNSELORS AT LAW
P.O.BOX 800
71 NEW STREET
HUNTINGTON
LONG ISLAND, N. Y. 1 1743
(51 6) 421-2400
November 27, 1985
HILARY CORWIN FRED J.MUNDER
1916-1963 COUNSEL
19751982
ROBERT L.CORWIN
CHARLES T.MATTHEWS iordf,
Town soul,
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 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.
Ver t rs,
Charles T. Matthews
CTM/os
enc.
"1 Ag�t288 Yt em foy�' '� IF
(k, '2BA Chairman/Members copies /z/y/j,(F
( Building Dept,
( ) Planning Board
( if Appli eant or his Agent
"zI.
( ) C���=fit to
G ,-) Original for ZDA file
Comments OF Replq AeQueated
a
6� �fFynnJ�4M+ f)))yryy�
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.
11. 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 .t ,
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.
A,/V� LL�4
Eleanor Kirkup
Sworn to'-before me this A"Ob
day of December, 1985 . --
Notary Public,Haverford Twp.,Delaware Co.
My Commission Expires Marchh;-19}
2
��
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/\ R [ H | TECTURE
208 FIFTH AVENUE ^ NEW YODK
L---------J NEW Y0D}{ lUolO ^ (312) 683'9880 L__----_-J L------_-�
7 COTTAGE - EXPEDITING o/~~
[Z COTTAGE / NOTICE-l]
~
6 December 1985
Mr. Gerard P. Goehringer
Board of Appeals
Southold Town Hall
Main Road - S. R. 25
Southold, New York 11971 '
Dear Mr. Goehringer�
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 Ordin-
ance, Article XI , Sections 100-118 (E) and 100-11q. 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
erosion 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
meeting.rescheduled for another
at the meeting of thc-iTT2.FTr!"n
Also for the record, let me here confirm my having
pointed out to Linda the error which occured in the Legal Notice of
the Hearings. " [guest cottage without sleeping facilities] "
should really have read [guest cottage without cooking
facilities].
Sincerely,
J. 1c,tt '
cc: Gail Dessimoz , Michael Racz
o
Southold Town,,,,.: Board of Appeals
MAIN LOAD - STATE LOAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI 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 ,
GERARD P . GOEHRINGER
Enclosures CH IRMAN
o-wvj_a L'
E�a 0walski
TONVN OF SOUTII01,D
O17FJC2 OF BUILDING INSI'!..C'I'� !�L
TO\VN HALL
SOUTHOLD, NMI , YOP.It
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES No . Z 1 1990
October 11 , 1983
THIS IS TO CERTIFY that the
Land
/X / Building(s)
/ / Use(s)
located at 4255 Private Road # 10 ( 11allock Lane ) Mattituck
Street flainlet
shown on County tax map as District 1000, Section 112 , Blocl: 01
Lot o04 does�not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
the property has insufficient area ; the garage is located in the
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 /X/ Land /X/ Building(s)
/_/ Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to' the appli-
cable provisions of said Code.
• S
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupanc,,. and use for 1iC!1 this Ccr.H:-
cate i3 issued is as follows: a private one-family dwelling with
detached cabin and detached garage .
This property is located in . the ' A ' Residential-Agricultural Zone .
The Certificate is issued to CAREL DeLEEUW & EDWARD URBANELLO
(owner, lessee•ar-t�anl)
o� the aforesaid building.
Suffolk County Department of Health Approval no record
UNDEMMITER.S CERTIFICATE NO.'
no record
NOTICE IS HEREBY GIVEN that the owner of the above premises I-LAS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if 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 rcgula-
tions.
i 1
C E�- C.L,( Ck
-luiidin inspector /
3outhold Town Board
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119°71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. 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 the local and
official newspapers of the Town of Southold, to wit, the Suffolk Times
and the L. I . Traveler-Watchman indicating 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 Nall, or by calling our secretary, Linda
Kowalski, at 765-1809 (or, if no answer, 765-1802) .
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
S
a: Southold Town Boardof Appeals
MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS November 25 , 1 98 5
JOSEPH H. SAWICKI
Mr . J . Douglas Peix
208 Fifth Avenue
New York , NY 10010
Re : Appeal No . 3431 - De.ssimoz 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 100-118 ( 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 100 feet of bluff, at premises known as
4255 Private Road No . 10-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 ,
GERARD P . GOEHRINGER
CHAIRMAN
Enclosure By Linda Kowalski
z
n • Town Hall, 53095 Main Road
O P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TOWN CLERI:
(516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 14, 1985
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 .
Judith T. Terry
Southold Town Clerk
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO..3 V,
DATE . .....Pr...............o..... 85
ov tuber 14 19
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD., N. Y.
1, (We) .....J....Douglas..ReiX...............................of .......2.u..Ufxh..& V.(� .....................................
Name of Appellant 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 1985
.... ctober................21,.............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
......?....Pouglm..Peix..............................................
Name of Applicant for permit
of ....2. 08Fifth Avenue NY 10010
....... r , ,, ..NwYrkr.......................... . .....,,, ..
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X)
Parmit for building alteration
1. LOCATION OF THE PROPERTY ...4255 ,Private Road.#10....�Hallock Lane) Mattituck
Street Use District �on� Zoning Map
..1000.........................................112 01:Q0.4.........:•Current Owner Gail Dessimoz $. 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.)
Article XI, Sections 100 - 118E 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) has not 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
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that
the Owners wish to renovate an existing cabin to meet their family needs.
Form zs1 (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 Ordinance 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 of a single-household with the main house.
STATE OF NEW YORK ` /^
COUNTY OF tq�! �`O C� � ss "" l "' Sign at re
IJ
Sworn to this ..................�....................... day of...........C.!� l�?�-J? .. 19 rQ'S
...................
/J ►NDA p KOt
V wS S�. 1��-l!? Ll ..................... NOTARY �0 102.52•t77 f New York
Y rnmissi n�CXni Suffolk County
Notary Public Co
Aires f✓7nrcli 30, 19e
4
BOARD OF APPEALS TOWN OF SOUTHOLD
In the Matter or the Petition of
J. Douglas Peix, Architect NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Mr. Philip Birndorf PROPERTY OWNER
461 West 21st Street
New York, NY 10011
112-1-6.1
YOU ARE HEREBY GIVEN NOTICE:
1. Th a intention of the undersigned to petition the Board of Appeals of. the Town of Southold
to request a Variance) [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
3. That the property which is the subject of such Petition is located in the following zoning district:
'A' Residential - Agricultural Zone
4. That by such Petition, the undersigned will request the following relief:
Permission to renovate existing Cabin; access to property is
by private road
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XIV Section inn - 141 B
EXI 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) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in-the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: 18 November 1985
J. Douglas Peix
Petitioner
Owners Names : Gail Dessimoz & Michael Racz
Post Office Address
208 Fifth Avenue
New York, N.Y.' 10010
r ..
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK )
.1' 1o'no�o residing at
L G being duly sworn, deposes and says that on the day
of iP , 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 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; that said Notices were mailed at the United States Post Of-
fice at A Jawr l M2T/L- ; that said Notices were mailed to each of said persons by
(certified) (registered) r6ail.
Sworn to Pqfore me this
da , 19 _
Notary Public
lj'74-K 4 19 F
.(Th.is side does not have' to be completed on form transmitted to adjoining
property owners— )
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
J. Douglas Peix, Architect NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Philip Birndorf PROPERTY OWNER
461 West 21st Street
New York, N.Y. 10011
112-1-6.1
YOU ARE HEREBY GIVEN NOTICE:
1. That the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance [circle choice]
Z. That the.property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 4.255 Private Road #10 [Hallock Lane] , Mattituck, Southold, NY
3. That the property which is the subject of such Petition is located in the following zoning district:
'A' Residential - Agricultural Zone
4. That by such Petition, the undersigned will request the following relief: Permission to renovate
existing Cabin 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 Southold Town Zoningg Code applicable to the relief sought by the under-
signed are Article X1 Section 100-118E, 100-119.2
[ 1 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) 7�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: 13 November 1985
J. Douglas Peix'
Petitioner
Owners ' Names : Gail Dessimoz $ Michael Racz
Post Office Address
208 Fifth Avenue
New York,. N.Y.- 10010
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.: ,
Gll.l'10 residing at
being July sworn, deposes and says.that on the day
of /Mb4 '-Wl ' , 19 .95 , 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 Town of Southold; tha!; said Notices were mailed x..- the United States Post Of-
fice at ) L'1®✓1C— ; that said Notices were mailed vo each of said persons by
(certified) (registered)hail.
Sword to before me this
day of t , 19 _
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 or the Petition of
J. Douglas Peix, Architect NOTICE
*�- TO ,r%
to the Board of Appeals of the Town of Southold ADJACENT
TO: ---- PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That ' the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request 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
3. That the property which.is the subject of such Petition is located in the following zoning district:
'A' Residential - Agricultural Zone
4. That by such Petition, the undersigned will request the following relief: Permission to Renovate 9
existing Cabin, which renovation exlceeds 500 of present buil ing value, ®�
C and which existing Cabin is within 100' of ocean bluff.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XI Section__ 100-118E, 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. (516) 7�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: 13 November 1985
J. Douglas Peix
Petitioner
Owners ' Names :Gail Dessimoz & Michael Racz
Post Office Address
208 Fifth Ave
New York, N.Y. 10010
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Ms. Eleanor Kirkup 46 Claremont Blvd. Havertown, PA 19083 112--1-4
Mr. Philip Birnorf 461 West 21st St. , New York, N.Y. 10611 112-1-6. 1 �
Mr. Robert Entenmann 1 Jericho Plaza, Jericho, NY 11753 112-1-7
P 097 315 442 P 097 315 443
P 097 315 .4.41
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse) (See Reverse)
Sent toGis // (/ L a Sent to (j I s Sent to f
l )�V irl�(/� � trr �7 1 f r 1�'M f" (p Fl%1
CD
Street and No / d Street and No.
m I/l, d� 1 ,� I�� Street and No.
_ tt�
a P.O.,Sla a ;YP It Code I l�� a P.O.,State and ZIP,Clo�d�e P.O.,State and ZIP Cod
IN 17 O / L + i
Postage f
4 $ P ' ? Poshlp" 0 Postage y' $ `
�— $ 7 ui
C d Feed ✓ rt Fee = o
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. livery eelive S eee
we 1
RETi& dED4ljvery F e J e ie ed DetFrcAy
11<;: QlllllAg" is dsf�le i Fee U �
Return ip, Showing h e rn ecei g Bret r ing
to who ` e,,Deliverecl GJ o nand Dat ivered �i
h d Date livered
04 Return rece shoring to whom, eceipt showm to whom, 00 e t showing to whom,
rn Date,and Address of Delivery rn D nd Address of Delivery rn res_s of Delivery
a TOTAL P and Fees TOTAL P nt ees $ m TOTAL P -es $ a
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a
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
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 , 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 Town of Southold; 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. /
�T'
Sworn to before me this LINDA F. KOWALSKI
day of " 19 NOTARY PUBLIC, State of New York
No. 52.4524771
Qualified in Suffolk County
Commission Expires� Notary Public P March 30, 138.Z-
1
(This side does not have to be completed on form transmitted to adjoining
property owners.. )
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF.DISAPPROVAL
Date
�•GSj�M� Z
�? ?. . . . . . :- r . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated �����
�r •, 19 ��
for permit to 1404� XIQ.71 . . . . . . . . at
Location of Property . T • •/f d�'' � 6/w/na.
House No. Street %lamlet
County Tax Map No. 1000 Section . . .e✓ . . . . . . Block . .0/. . . . . • • • • Lot �!�' �•
Subdivision . . . . . . . . • . . Filed Map No. . . . . . . . Lot No. . . . . ... . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . • . •
. ::;W D.
Nz
DAY . . . • . .�. . . .
B ilding Inspector
RV i/so �. C'ak•5TX c,C77o,:< <v«<.r,� ��u ' o r=- r'5L0Fr
/ao - 2 A, ( 0 1Z
I e N . Y . :, . t_n o nine nta I (lua I i ty Rt-'V i ew ► roc{ui res sub-
mission of this m, and an environmental r iew will be
made by this boa before any action is tak
SNORT ENVIRONMENTAL ASSES.`;uF'!T FCP'1
I;lSTF('CTIC'.S:
(a) In crdcr to answer the questions in this short EAF is is assuned that the
preparer will use currently available inforration concerning the project and the
l .hely impacts of the action. It 'is not expected that additior:al studia^, roaoarch
or other investigations will be undertaken.
(b) If any question has been answered Yes the project racy be significant and a
ccr..pleted Environmental. Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
nc- significant.
(d) Environmental Assessment
1. Wi11 project result in a large physical change
to the project site or physically alter more
than 10 acres of land? . . Yes X No
2. Will there be a major change to any unique or
unusual land form found on the site? . . . • . Y:es X No
3. 'dill project alter or have a large effect on X
an existing body of water? • • • • • • • • • • Yea No
4. Will project have a potentially large impact/ on
groundwater quality? • Yes X No
5e Will project significantly effect drainage flow
on adjacent sites? o s Yes X No
6. Will project affect any threatened or endangered
plant or aniaal species? • • • • • • • • • • • �! Yes X No
7• Will project result in a major adverse effect on
air quality? • • • • • .• • o • • • • Yes X NO
8. Will project have a ►rs jor effect on visual char-
acter of the community or scenic views or vistas X
known to be important to'tho community? • . . Yes !70
9• Will project adversely impact any site or struct-
ure of historic, pro-hlstor.ic, or paleontologicul
importance or any site designated as a critical
environmental area by a local agency? �- Yes �X_ No
10. Will project have a major effect on existing or
future recreational opportunities? . Yes X ?!o
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? . Yes X No
12. 'Mill project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes X No
13• Will project have any impact on public health or
safety'' • • . . . Yes X No
14. Will project affect the existing community by
directly causing a growth in permanent poptila-
tion of, more than 5 percent over a one-year
period or have a major negative effect on t:e
character of the community sr- neighborhood? . Yes X No
15. Is there public controversy c5nZyriiing the project? Yes X No
P9EPA:tFR'3 S1CNATLRE., I TITL:.': Architect
y `-RESETTING: Gail DeAinkz and ichael Racz DATE: November 14, 1985
9/1/78
1
November 14, 1985
(` cloy ' s Date)
To: Southold Town Board of Appeals''
Main Road
Southold, NY 11971
Re : Appeal Application of Building Alteration Application of Oct. 21,1985
Location of Property:_ — 4255 Private RoaEl V 10 [HallockLane]
Mattituck, Southold, NY
Dear Sirs .-
In reference to the New York State Tidal Wetlands Land-U:sc
Regulations , 6 NYCRR, Part 661, and Article 25 of the New York
State• Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(pl'na e check crne box)
( J May be located within 300 feet of tidal wetland:; ;
110wover, constructed along, the water-lyincl edge,
of this property is a bulkhead in very good
condition and at least 100 feet in length. *
[ ) Ma.y be located within 300 feet of tidal wetlands ;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
( ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ] May be located within 300 feet of tidal wetlands ;
and there is no bulkhead or concrete wall
on the premises .
- [ X ] Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
(Starred items ' (*) indicate your property does ,
not appear to fall within the jurisdiction of the N .Y.S . D. E.C. )
Sincerely yours,
�✓ Coo•
(Signat r ple se) J. Douglas Peix
NOTE: If proposed project falls within D.E.C. jurisdiction,
approval must be received and submitted to our office before
your application can be scheduled for a public 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.
Sincerely,
?11essimoz
208 Fifth Avenue,New York,N.Y.10010 (212)686-9000 Telex:649532 RDA NYK
z
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
December , 1985
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q,R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of. Nan-Significance
APPEAL NO. : - 3431
PROJECT NAME : J. Douglas Piex
`Phis notice is issued pursuant to Part 6.1.7 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 riot to have a signifi-
cant adverse effect on the environment for the reasons indicated
)Jelow.
Please take further notice that this declaration should not be
consicaered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X4 Unlisted [ ]
L)E'SCRIPTION OF ACTION : renovation to exceeding 50/ of fair market
value.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
parti.cul.arly known as: 4255 Private Road #10 Hallock Lane, Mattituck,NY
#1000-112-01-004
I2EASON (S) SUPPORTING THIS DETERMINATION :
( 1.) An Envi..ronment.al ASsessmernt in the short f(:)r.m has been
:;uhmi.tted which indicates that no significant adverse effects to
t-he environment are likely to occur should this project be imhle-
mc:r-,tc-,d as planned;
(2) Theproperty in question is at an elevation of 10 or more
feet above mean sea level.
FOR FURTIIER INFORMATION, PLEASE, CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; te.l. 516-
?65-1809 or 1802 .
Copies of th..i.s notice sent to thu, applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals December 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL, DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :3431
1'ROJF.C:T NAME: J. Douglas Peix
This notice is issued pursuant to Part 6.17 of the implementing
regulations pertaining to .Article 8 of the N.Y.S. Lnvironmental
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
1.)elow.
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 simililr
project- .
TYPE OF ACTION: [ ] Type II (X] Unlisted [ ]
DESCRIPTION OF ACTION: renovation to exceed more than 50% fair
market value
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 4255 Private Road #10 Hallock Lane, Matt. NY
1000-112-01-004
I2EASON (S) SUPPORTING THIS DETERMINATION:
(l.) An Environmental Assessment in the short form has been
::ubmi.tted which indicates that no signif.ic:ant adverse effects to
(.he environment are likely to occur :should this project be imple-
mc.reted as planned;
(2) The property in question is at an elevation of 10 or more
feet above mean sea level.
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