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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. 11971
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ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3698
Application Dated December 2, ]987
TO: Mr. and Mrs. Thomas J. Zimmerman
39 Eric Lane
New Hyde Park, NY 11040
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on February 2, 1988,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article ×I , Section ]00-]]8(E), and
[X] Request for Relief of Z.B.A. Conditions under
Appl. No. 3590 rendered March 5, ]987.
Application of THOMAS ZIMMERMAN. Variance to the Zoning Ordi-
nance, Article XI, Section lO0-118E for approval of deck and to
rebuild/repair existing nonconforming structure which exceeds 50%
of fair value of same and which exceeds those limitations of Prior
Z.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property:
265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-
144-04-09 and 08, containing .60± of an acre total.
WHEREAS, a public hearing was held and concluded on January
1988 in the Matter of the Application of THOMAS ZIMMERMAN under
Appeal No. 3698; and
14,
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
I. The property in question is located along the north side
of Rochelle Place, Mattituck, extending approximately 200 feet
east of Bay Avenue.
2. The subject premises is referred to as Lots 19, 20 and
21 on Map of Ida Bartley (pre-zoning), containing .60 of an acre
total, and is more particularly identified on the Suffolk County
Tax Maps as District 1000, Section 144, Block 04, Lots 09 and 08.
3. The subject premises received a Pre-Certificate of
Occupancy No. Z-15130 dated December 24, 1986 for land and the
following buildings: (a) one one-story, single-family wood
dwelling set back 27+ feet from the front property line [along
Rochelle Place, a/k/a Salt Lake Lane); (b) a second single-
family dwelling [located in the rear yard area]; (c) an accessory
storage shed [located in the rear yard area].
DATED: February 18, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3698
Matter of THOMAS J. ZIMMERMAN
Decision Rendered February 2,
1988
4. By this application, appellant seeks a Variance from
the Provisions of Article XI, Section lO0-118(E) to reconstruct
nonconforming structure in excess of that permitted under prior
Variance #3590 rendered March 5, 1987, and in excess of that
permitted under the Zoning Code, all as more particularly shown
on Site Plan prepared by Angelo F. Corva dated April 19, 1987.
5. The total square footage of the building as existed
prior to the modification sought herein was 923 sq. ft. (451
sq. ft. preexisting plus the 472 proposed in March 1987).
6. At the time of the previous consideration under
Appl. No. 3590, it was determined that: (a) the structure
in question is seasonal and has been used for habitable pur-
poses by family members from late Spring through Fall for two
or more consecutive years; (b) the structure in question is
heated by portable electric heaters; (c) the sewage utility
and water utility are shared by the main systems of the prin-
cipal dwelling and are not separate systems~ (d) the structure
in question has not been rented or operated for income or gain
since before 1967.
7. While proceeding with the addition as approved under
Building Permit #15477Z issued November 3, 1986, the applicant
discovered that unusual conditions of the existing frame struc-
ture prompted him to continue altering the building and
rebuilding same in excess of the limitations of the prior
Variance (#3590). Also constructed during these course of
events was a 105 sq. ft. (6'9" x 15'4" or 7' x 15') open deck
at the southerly end of this nonconforming accessory building.
In considering this appeal, the Board finds and determines:
(a) that the relief requested is substantial in relation to
the requirements; (b) the circumstances of the properties are
unique; (c) there will be no increase in population density
resulting from the grant of this variance; (d) there will be
no change in the character of the area and the variance will
not in turn be adverse to the safety, health, welfare, comfort,
convenience or order of the town; (e) the conditional granting
of this variance will not prevent the orderly and reasonable
use of adjacent properties; (f) the conditional granting of
this variance will not adversely affect the safety, welfare,
comfort, convenience, or order of the town; (g) that in
considering all the above factors, the interests of justice
will be served by granting the variance, as conditionally
noted below.
Accordingly, on motion by Mr. (~igon£s
Mr. Sa~±¢k±t it was
seconded by
RESOLVED, to GRANT a Variance under the Provisions of
Article XI, Section lO0-118(E) in the Matter of the Application
of THOMAS ZIMMERMAN under Appl. No. 3698, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. The building in question shall not be rented or used
for income and gainful purposes, and shall continue to be
accessory to the principal single-family dwelling use of the
premises by family members.
Page 3 - Appl. No. 3698
Matter of THOMAS J. ZIMMERMAN
Decision Rendered February 2,
1988
2. The size of this nonconforming building is limited to
1~028 sq. ft. [inclusive of the open deck], and no further
expansion shall be permitted;
3. The deck shall remain open and unroofed;
4. This structure shall revert back to sleeping quarters
accessory to the main dwelling;
5. The structure shall remain without cooking facilities
"as exists during the review of this application" and shall
not be permitted to be installed.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk
'GER~qRD P ~ GO~,~RqNGEzR~, CHAIRMAN
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February 22, 1988/z
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RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Southol~d~__