HomeMy WebLinkAbout3590Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3590
Application Dated December 2, ]986
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 March 5, ]987,
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 XI, Section ]00-1]8(E)
[ ] Request for
Application of THOMAS J. AND CATHERINE ZIMMERMAN. Variance to the
Zoning Ordinance, Article XI, Section lO0-118E for permission to con-
struct addition to existing nonconforming structure which exceeds 50%
of fair value of same as exists, at 265 Rochelle Place, Mattituck, NY;
County Tax Map Parcel No. 1000-144-04-09 and 08. Containing .60 an acre.
WHEREAS, public hearings were held in the Matter of the Application
of THOMAS AND CATHERINE ZIMMERMAN under Appeal No. 3590 on February 5,
1987 and March 5, 1987, at which time the hearing was declared concluded;
and
WHEREAS, at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The property 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. Z15130 dated December 24, 1986 for land and the following build-
ings: (a) one one-story, single-family wood dwelling set back
27± feet from the front property line (along Rochelle Place, a/k/a
(CONTINUED ON PAGE TWO)
DATED: March 5, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
~age 2 Appeal No. 3590
Matter of THOMAS AND CATHERINE ZIMMERMAN
Decision Rendered March 5, 1987
Salt Lake Lane); (b)
the rear yard area];
the rear yard area].
a second single-family dwelling [located in
(c an accessory storage shed [located in
4. By this application, appellants seek a Variance from
the Provisions of Article XI, Section lO0-118(E) to construct
an additional 91 sq. ft. addition, in addition to that construc-
tion permitted under Building Permit No. 15477Z. The total
new square footage proposed is 451 sq. ft.
5. The square footage of the building as exists is shown
to be 472 sq. ft. The total area of the building proposed,
including the 91 sq. ft. requested by this application, would
be 923 sq. ft.
6. It is the understanding of this board that: (a) the
structure in question is seasonal and has been used for habitable
purposes 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 principal
dwelling and are not separate systems; (d) the structure in
question has not been rented or operated for income or gain since
before 1967.
In considering this appeal, the board finds and determines:
(a) that the relief requested is 91 sq. ft., which is not
substantial in relation to the requirements; (b) the circum-
stances of the property 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 granting of this variance will not prevent
the orderly and reasonable use of adjacent properties; (f)
the granting of this variance will not adversely affect the
safety, welfare, comfort, convenience or order of the town;
(g) the relief as conditionally granted is in harmony with
and will serve the purposes and intent of zoning; (h) in
consideration of the above factors, the interests of justice
will be served.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, that a Variance be and hereby is GRANTED for
the construction of 91 sq. ft. in the Matter of the
Application of THOMAS AND CATHERINE ZIMMERMAN as Applied
under Appeal No.3590 and SUBJECT TO THE FOLLOWING CONDITIONS:
1. The building in question
only by family members and not to
income and gainful purposes.
shall continue to be used
be rented or used for
2. The amount of relief granted hereunder is limited to
the 91 sq. ft. extension for this structure to be used by family
members on a seasonal basis.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Doug-
lass and Grigonis. (Member Sawicki was absent.) This resolution
was duly adopted. , , ,
lk ·
~r-~RARD P. 60EHRINGER, ~AIRMAN
March 10, 1987
ECEI'VZ;D A ID Fi2ZD BY
Tewn Clerk, Town cf Souti:c!3
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY
at a Regular Meeting, THURSDAY~ MARCH 5~ 1987 at the following
times:
(Recessed from 2/5/87). Addition to nonconforming dwelling
structure exceeding 50% of fair value. 265 Rochelle Place,-
Mattituck, NY; 1000-144-04-9 & 8. · -
7:40 p.m. Appeal No. 3603 - JAMES CROSS. Variance to
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient lot area (78,408 sq. ft.) of
parcel proposed to be set-off-in this pending division of
land. Location of Property: North Side of Main Road,
Cutchogue, NY; County Tax Map District 1000, Section 109,
Block 1, Lot 8.5.
7:35 p.m. Appeal No. 3590 THOMAS AND CATHERINE ZIMMERMAN
the
7:45 p.m. Appl. No. 3610 - CAROL A. BARTHOLOMEW. Special
Exception to the Zoning Ordinance for permission to establish
"Bed and Breakfast" use, incidential and subordinate to the
proposed single-family dwelling use, in accordance with the
requirements of Article II~, Section 100-30(B)[16]. Location
Avenue, Mattituck, NY; County Tax
107, Block 5, Lot 4.'
ELLEN BELLOMO.
Section 100-119.2
of dwelling with
of Property:-~7015 Wickham
Map District 1000, Section
7:50 p.m. Appeal No. 3612 - PHILIP AND
Variance to the Zoning Ordinance, Article XI,
for permission to construct addition at~ear
an insufficient setback from wetlands along Great Pond at 7455
Soundview Avenue, Southotd, NY; County Tax Map District 1000,
Section 59, Block 6, Lot 8. ~'-
8:00 p.m. Appeal No. 3511 - KAPELL REAL ESTATE INC. and
LIMPET CORP. Variances to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule for approval of insufficient
(1) lot area, (2) lot width, (3) lot depth of two parcels
in this pending division of lando Location o~ Property:
Linett and Brown Streets, Greenport; Greenport Driving Park
Map, Lots 16 and 65; County Tax Map District 1000, Section
48, Block 3, Lot 25.1.
Page 2 Notice of Hearings
Southold Town Board of Appeals
R6gular Meeting - MarGh 5, 19.87
8:05 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR. Variance
to the Zoning Ordinance, Article XI, Section 100~112(I) for per-
mission to utilize subject premises for a paved parking area-for
the employees of Mullen Motors, an established business abutting
this parcel along the north side. Zone Districts: Partly "A" ~
Residential and Agricultural and "B-1~' General Business. -Location
of Property: East Side of Cottage Pl-ace~ Southold, NY; County
Tax Map District 1000, Section 62, Block 3, Lot 19.
8:10 p.m. Appeal No. 3592 BENTE SNELLENBURG. Variances
to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B)
for appr6val of eight-foot height of fencing along the easterly
property line a length of 72± feet; (2) XII, Section 100-141~
Appealing the November 6, 1986 Older to Remedy Violation which
mandates a building' permit-for new-fencing along the easterly
property line. Location of Property: Private right-of-way
extending off of the east side of South Harbor Road known as
Private Road No. 10, or Old Woods Path, Southold, NY; County
Tax Map Parcel No: 1000-87-2-21. -
8:20 p.m. Appeal No. 3611 RAYMOND AND ELEANOR KERESTER.
Variance to the Zonin~g Ordinance, Article III, Section lO0~31-,
Bulk Schedule for approval of insufficient lot width of three
parce!s,'eaah~c6ntaining 4.6± acres~ in this pending minor
subdivision. Location of Property: West side of Paradise
Point Road and north side of North Bayview Road, Southold, NY;
County Tax Map Parcel No. 1000-81-1-25. -
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in eaqh of the
above matters. Each hearing will not start before the time
allotted. Written comments.may_be submitted p~ior to the
conclusion of the subject hearing. For more information, please
call 765-1809. _
Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF A~PEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
NOTICE OF HEARINGS
IBOTICE IS HEREBY GIVEN~ pursuant to Section 267 of the Town Law
and the Code of the Town of Southold~ the following public hearings
will De held by the SOUTHOLD ~O~N BOARD OF APPEALS at the
Southold-Town Hall~ Main Road~ Southold: NY at a Regular Meeting~
THURSDAY FEBRUARY/ 5~ 1987 at the following times:
7:35 p.m. Appeal lNPgo 360l - MARGARET AND JOSEPI~ BEST.
Variance to the Zoning Ordinance~ Article XI~ Section 100-ll9.2 for
permission to construct addition at the southerly side of existing
dwelling with an insufficient setback from bulkhead alon9 tidal water
areaI and to Section I00-3l, Bulk Schedule: for an insufficient setback
from the rear property line~ at premises located along the south
side of a private right-of-way (extending off the east side of Camp
IV~ineoIa Road) ~ Mattituck~ NY; County Tax IVIap Parcel No. 1000-
123-06-17.
7:40 p.m. Appeal No. 3599- SAMUELS. COHEN. Variance to
the Zonin90rdinance~ Article III7 Section 100-33 for permission to
construct accessory 9ara9e structure~ for storage and 9arage pur-
poses~ in the front and side yard areas~ premises located alon9
the south side of a private right-of-way (extendin9 off the south side
of Indian Neck Road)~ Peconic~ NY; County Tax IVlap Parcel No. 1000-
98-5-18.
7:45 p.M. Appeal No. 3598 - DANIEL AND IRENE McKASTY.
Variance to construct swimmingpool with fence enclosure and cabana
within 75 feet of existing bulkhead along tidaI water~ requiring a
Fariance fo the Zoning Ordinarice~ A~ticle XI~ Sect'on 100-I19.2.
LpcatLg-n of Property: 13220 Main Road~ East Marion~ NY~ County
Tax Map Parcel No. 1000-3l-~4-12.
7:50 p.m. Appeal No. 3595- DONALD J. GRIM. Variance ~o
the Zoning Ordinance~ Article IX. Section 100-90~ 100-93~ Bulk
ScheduIe~ for permission to construct two-story building for office
use incidental to principal use of the premises with an insufficient
frontyard setback in this "C-l' Heavy Industrial 'Zoning District.
Location of Property: Lot No. 2~ Minor Subdivision No. 450~ South
Side of Oregon Road~ Cutchogue~ NY~ County Tax Map Parcel
No. I000-83~ 3: part of Lot 4.4. Containing 4.59 acres.
Page 2 - Notice of Hearings
Southold Town' Board of Appeals
Regular Meeting of February St 1987
7:55 p.m. Appeal No. 3462- HERBERTR. MANDEL. Variances to
the Zoning Ordinance~ Article III, Sections 100-30A~ 100-3l~ Column A-80~
resulting from this proposed three-lot Minor Subdivision "HighPoint at
East 24fariOn~ Section Three~ inc." for: (a) lots having insufficient lot
area~ (b) lots h~ving insufficient lot depth~ (c) Lot having insufficient
lot width~ (d) Lot 3 as proposed with structure having an insufficient
frontyard setback; (e) Lots 2 and 3 as proposed each will contain
structures that do not meet principal-use requi~e~m~.ent for a single-family
dwelling; (f) existing barns on Lots 2 and 3 as proposed will have
insufficient setbacks from proposed frontyard property line (and boundary
line~ dividing Lots 2 and 3 running north and south). Location of
Property 9355 Main Road, East Marion; County Tax Map Parcel No.
I000-031-03-li.25. Containing 2.918 acres.
8:05 p.m. Appeal No. 3590 - THOMAS ~1. AND CATHERINE ZllVIMERMAN. ~
Variance to the Zoning Ordinance, Article XI,. Section 100-ll8E for permis-
sion to construct addition to existing nonconforming structure which exceeds
50% of fair value of same as exists~ at 265 Rochelle Place~ Mattituck~ NY;
County Tax _Iy~t~ P~ccel No. 1000-144-04-09 and 08. Contairfi6n9 ~%0 an acre. ~//
8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance
pursuant to New York Town Law~ Section 280-a~ for approval of access over
private right-of-way (presently owned by El leen Villani) to other premises
of the applicants identified as County Tax Map Parcels No. i000-86-6-30 & 10.
~{:15!~.rn. Appeal No. 3596 - TARTAN OIL CORP. Special Exception ~D
the Zoning Ordinance~ Article VII~ Section 100-?0B(4 & 5) for permission to
establish a partial self-service gas station in conjunction with full-service
gas station approved 6/29/?2 under AppI. No. 1584. Location of Property:
32400 C.R. 48~ Peconic~ NY; County Tax Map Parcel No. 1000-74-4-7.l (6 & 7)
8:25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. SpeciJl Exception
to the Zoning Ordinance~ Article III Section 100-30B for permission to estab-
lish "Accessory Apartment" in existing garage area in accordance with the
requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane~
Southold~ NY; County Tax IViap Parcel No. 1000-65-7-20.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February S: 1987
The Board of Appeals will hear at said time and place ail persons or
representatives desiring to be heard in each of the above hearings. Each
hearing will not start before the time allotted. Written comments may be
submitted' prior to the conclusion of' the subject hearing. For more informa-
tion~ please call 765-1809.
Dated: January 24~ 1987. BY ORDER OF THE SOUTHOLD TOW-N
BOARD OF APPEALS
GERARD P. GOEHRINGER~ CHAIRMAN
Linda Kowalski~ Board Secretary ~
Copies to the following 1/27/87:
Peconic Development Corp. for the Bests~ Biox 594~ Mattituck~ NY II952
Mr. William J. Jacobs~ as Agent for IVlr. Cohen~ Depot La~ Cutchogue: NY 11935
Mr. and lVIrs. Daniel McKasty~ 368 Station Road~ Bellport~ NY 11713
Mr. DonaldJ. Grim~ 475 3ernick Lane~ Southold~ NY 1197I
A.A. Wic~ham: Esq. as Attorney for Mr. MandeI: Box 1424~ Mattituok~ NY 11952
Mr. and lVlrs. T.J. Zimmerman~ 39 Eric La~ New Hyde Park: NY 11040
Mr. and Mrs. R.A. Villani, 189 Old Westbury Rd. ~ Old Westbury~ NY 11568
Bf. ID. Moore~ Esq. as Attorney for Tartan Oil Corp. ~ 370 Terry La.: Southold~ NY 11971
IVlr. and iVlrs. R. Dier~ 355 Terry Lane~ Southold~ NY 1197l
John lvi. ~.~/agner~ Esq. as Attorney for ( ) ~ Box 279~ Riverhead~ NY H90I
J. Kevin l~4cLaughlin: Esq. as Attorney for A. Blair~ 828 Front St.: Greenport~ NY 11944
Personal Delivery to: Suffolk Times and L.I. Tra.~eler-Watchman
Town Clerk Bulletin Board
ZBA Members
ZBA Individual Files
ZBA Office Bulletin Board
TO~qg OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
PLEASE TAKE NOTICE that your application dated ...~. ~,~., [ .~ ....... 19 ,~,~.
County Tax Map No. I000 Section ..-..~ .~.~ ..... elock ..... .~.q ..... Lot . .}¢.~ ........
SubdMsion .................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved,on the following grounds........~ ................... ~ ~ ~-ttX ~
Building Inspector
FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. -:~-'~O
Name of AppeIla,n$ Street and Number
....... ..................................... :- APP ,L TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING' INSPECTOR ON
APPLICATION FOR PERMIT NO../.~.~;.Z.'~..'...Z...::~ ....... DATED :'~.:..~.../..~..~.~..~. .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
Street and Number MunicipalJ~ State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...................................... ~ .......................................................
Street /Hamlet / Use District on Zoning Map
District 1000 Section/~/~Block~Lot~9 Current '-~
.................................................................................. Owner
/v~ap No. 7-'~ 0 Lot No./~Prior Owner.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quot~ the Ordi.nance.)
Article ]~ Section
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(Z) 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~been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in AppeoI No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
(Continue on other side)
REASON ;:OR A?~EAL Cont~,:~ued
2. The hardship created is UNIQUE and is not shared by ~l[ proper¢ies cEike i~ 'the ',mmedi=te
vicinity of this property or, d in this use district bec.ause
CHARACTER OF THE DISTRICT because
The Variance would observe the spirit of the Ordir~ance and WOULD NOT Cb[AN'GE
STATE OF NEW YORK
COUNTY OF 14~%:~, ) :Signature
Sworn to this .; ~.: .............................. day of
OWNER
STREET VI LL~,¢~E
LOT / ~'
, FORMER OWNER
' RES..~, I/ SEAS.
LAND
IMP.
FARM
TOTAL DATE
E ACR.
,/,~'~ , I'~ ~
W TYPE OF BUILDING
AGE
NEW
FARM
Tillable
i'TilJoble 2
iTiliable 3
Woodland
Swomplond
BrushJand
House Plot
Total
NOR/vgAL
COMM. CB, MISC. Mkt. Value
REMARKS
~ e e> ' .~c~¢ 2./
BUILDIN6 CONDITION
BELOW ABOVE
Vc~lue Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEP'TH
BULKHEAD
!DOCK
STREEF VI LLAGu
W
5U[L
TYPE OF BUILDING
CB. MISC. Mkt. Value
LAND
FARM
'Tillable 1
Tillable 2
~ TiHoble 3
I Woodland
Swompiond
i ~3rushlond
House Plot
BU]t. DING CONDITION '
BELOW ABOVE
Acre Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
.JBULKHEAD
J DOCK
Totol~ ~ L
COLOR
TRIM
M. Bldg.
Extension
~tension
Extension
lExt. Walls
jFire Place
[Type Roof
IDdveway
Bath
Floors
Interior Finish
Heot
Rooms 1st Floor
/5
· Porch Recreation Room ( Rooms 2nd Floo~
Porch I Dormer
Breezeway
Patio
Total
DR.
FIN. B.
Y
CERTiFiED TO ;
TITLE U,$.A, ~NSURANCE
CORPORATION OF NEW YORK
T!TLE 'NO. 8852 - 54456
BANKtN~ LTD,
SURVEY FOR
THOMAS Z MMERMAN
AT MATT1TUCK
TOVCN OF $OUTHOLD
SUFFOLK COUNTY, N,Y
I000 - 144 - 04 009
SCALE ~ ' 40;'
APR, 4 ~ t986
LOT NOS. REFER MAP OF PROPERTY OF
L!DA BARTLE¥- FILED ~N THE OFFICE OF 'THE.
SUFFOLK COUNTY CLERK ON JULY 27, D922 AS
~iA~ 1~0,77 (
PECON~C
( 516) 7,65 - 5020
P.O. 80X 909
MA~N ,~OAD
SOUTHOLD~ N.Y. t~97I
Y,S. L]C. NO. 49618
RS ~ ENGJNEERS~ P.O.
BOARD OF APPEALS
TRANSCRIPT OF PUBLIC HEARING
MATTER OF APPEAL NO. 3590 THOMAS & CATHERINE ZIMMERMAN
Regular Meeting held Thursday, March 5, 1987, Town Hall, Southold, NY.
The Chairman opened the hearing at 7:38 p.m.
from the Board's February 5, 1987 meeting.
This hearing was recessed
CHAIRMAN GOEHRINGER: This is a recessed hearing from the last meeting,
and we'll ask Mr. Zimmerman if he has anything he would like to add to
the record.
THOMAS J. ZIMMERMAN: I did have the opportunity to speak to the two
neighbors, who were notified late, and I explained to them exactly
what I was doing, and they both had an opportunity to take a look at
the premises itself and did not have any further questions or objections.
CHAIRMAN: Ok. While you're standing up again, and this is primarily
going to be a seasonal structure--mainly for the summer season?
MR. ZIMMERMAN: Summer, Fall and probably the Spring.
CHAIRMAN: Ok. And we discussed the cesspool. We discussed the well.
We discussed the fact that it is only one-story is that correct?
MR. ZIMMERMAN: Yes, Sir.
CHAIRMAN: And we also discussed that you would be primarily dealing
with it for the family use?
MR. ZIMMERMAN: Yes, that's correct, Sir.
CHAIRMAN: So you don't have any objection to a covenant placed on it
that it not be rented?
MR. ZIMMERMAN: I guess not. Is there a reason to do that? I don't
understand.
CHAIRMAN: Well, in the case of a situation usually like this, what
we have are persons that sometimes --first go for the first expansion
and then go for another expansion, and then turn it around for a
yearround dwelling, and we all of a sudden have two houses on one
lot. And that's very easily done by asking for an addition such as
a garage, and then all of a sudden the garage is enclosed--and as you
Page 2 - Public Hearing
Regular Meeting March 5, 1987
Matter of THOMAS J. ZIMMERMAN #3590
know, garages can be as big as 20' by 24' today, or sometimes 22' by
24' and you end up with a house almost as large as the primary dwell-
ing on the premises. And that's the reason mainly for it.
MR. ZIMMERMAN: Ok. As I spoke to the neighbors, I indicated I
would not be renting, so if that's what you want me to do, I shall
go along with that.
CHAIRMAN: We thank you very much. We know this is a little lengthy
for you and we appreciate your coming back out again tonight. We
hope to have a decision in the very near future for you. Would any
body else like to speak in this matter either pr~ or con? (None)
Hearing no comments, I'll make a motion closing'the hearing and
reserving decision until later.
MEMBER GRIGONIS: Second.
Vote of the Board: Ayes: Messrs.
and Douglass. (Member Sawicki was
duly adopted.
Goehringer, Grigonis, Doyen,
absent.) This resolution was
cJLI'NDA ~. KOWAL~i, BOARD SECRETARY
SOUTHOLD TOWN BOARD OF APPEALS
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF THOMAS AND CATHERINE ZIMMERMAN
THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING
8:10 p.m. Appeal No. 3590 - Public Hearing commenced in the
Matter of THOMAS AND CATHERINE ZIMMERMAN. Variance to con-
struct addition to existing nonconforming structure which
exceeds 50% of fair value of same as exists° 265 Rochelle
Place, Mattituck.
The Chairman read the legal notice and application for the
record.
CHAIRMAN GOEHRINGER: I have a copy of a survey produced by
Peconic Surveyors and Engineers. The most recent date is March
4, 1986 indicating a one-story framed dwelling approximately
26.8 feet or 26.9 feet from Salt Lake Lane, and then in the
rear a front cottage which is the nature of this application.
showing a few additions. One 8 by 10 and one 12 by 30 and
another structure in the rear of the property which is not the
nature of this application. And I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in
the area. Is there somebody who would like to be heard? Mr.
Zimmerman. Yes. Hi. Is there something you would like to say
for the record? Can I ask you to use the mike?
MR. ZIMMERMAN: What should I say?
CHAIRMAN GOEHRINGER: Tell us the reason why you want it.
MR. ZIMMERMAN: The cottage as it exists right now, as I ex-
plained, has 5 rooms and the kitchen is very small. And what
we want to do is to enlarge the kitchen. And at the same time,
it made sense to square it off into adding a third bedroom which
then allowed us to .... Because we both have large families and
we just moved and we bought the house recently and we were hoping
by having this additional space that we would be able to enjoy
the dwelling a little better than we are currently allowed to do.
CHAIRMAN GOEHRINGER: There is presently a kitchen in that cottage?
MR. ZIMMERMAN: Yes sir. Therets a kitchen.
There's a living room. There's a bathroom.
There's 2 bedrooms.
CHAIRMAN GOEHRINGER: Is that cottage heated in any way?
MR.,ZIMMERMAN: I~ has electric heat, heaters I should say and
has gas for the hot water system and it has gas for the kitchen
for the stove.
CHAIRMAN GOEHRINGER: Is it insulated in any way as a year
around structure?
MR. ZIMMERMAN: It's insulated, poorly insulated but it is in-
sulated. When we did that side we were going to obviously in-
sulate according to the code.
· Page 2 - February 5, 1987
Public Hearing - Thomas and Catherine Zimmerman
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Is it on a foundation or is it particu-
larly a slab?
MR. ZIMMERMAN:
cinder blocks.
It's half on a slab and half just I guess on
CHAIRMAN GOEHRINGER: And the proposed extension appears to
be somewhat of a slab. Is that correct?
MR. ZIMMERMAN: The proposed extension will be (I guess) built
on a half basement.
CHAIRMAN GOEHRINGER: And you
another family involved. Are
you referring to someone else?
alluded to the fact that there's
you referring to in-laws or are
MR. ZIMMERMAN: Yes. I am referring to our in-laws.
CHAIRMAN GOEHRINGER: Now who will be utilizing the cottage~
Would you be or would they be?
MR. ZIMMERMAN: Probably them more than us because they have
the time to be able to utilize that more than we would be able
to leave our job. On weekends and of course during the summer
time and in the fall.
CHAIRMAN GOEHRINGER: Let's see what develops. I thank you.
Is there anybody else who would like to speak in favor of
this application? Anybody like to speak against the appli-
cation? Yes. We have indicated after researching the file
or we have found (I should say) that there was somewhat of
an error in the sending of the legal notices by the appli-
cant. And we are going to ask at this particular time as
he has done, indicating to the neighbors this hearing is
occuring at this time. So we will recess this hearing until
the next regular scheduled hearing which I believe will be
March 5th.
MR. ZIMMERMAN: I verbally placed 2 phone calls today in ad-
dition to sending out those certified receipts and letters.
With respect to the Montgomery's, I spoke to the daughter
who is adjacent to myself and explained the situation. And
she, at that time, indicated to me that she didn't see any
objection by her father. And I said I would speak to him on
the weekend because he'll be coming back from being away. In
regards to the Hansens, I spoke with the Hansens about a month
ago because I needed their help in securing an affidavit for
the dwelling itself and I explained to them at the time the
situation and they had no objection. I tried to reach them
today but as far as I know wasn't able to. But also I have
been in contact with them. Again we did have conversations
about the premises and they raised no objections at the time.
PDge 3 - February 5, 1987
Public Hearing - Thomas and Catherine Zimmerman
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: So basically the formality on the 5th will
be just to close the hearing. And if anybody wants to send us
anything in the interim, they're welcome to. I can't tell you
that it's to your best interest not to show up because somebody
may want to voice their opinions. But that's pretty much the
situation as it stands.
MR. ZIMMERMAN: When would the decision be reached?
CHAIRMAN GOEHRINGER: We could uniquely make a decision on the
5th. Is it the 5th? I keep on saying the 8th. I apologize.
We could uniquely make a decision on the 5th because the main
part of the hearing is tonight. What we are doing basically
is allowing the neighbors to have some time if they want to com-
ment on the application.
MR. ZIMMERMAN: I see.
CHAIRMAN GOEHRINGER: If I close the hearing, then I can't ac-
cept any comments and that's the purpose of the situation.
MR. ZIMMERMAN: In that affidavit I did let the neighbors know
the telephone number of Linda at the town as well as myself in
case there was any objections.
CHAIRMAN GOEHRINGER: Thank you. Thank you very much for sending
those today also.
MR. : Mr. Chairman. Does %hat bungalow have its sepa-
rate water system, separate sewer system or is it connected to one?
MR. ZIMMERMAN: It has its own...
MR. : Well?
MR. ZIMMERMAN: Well no. It's all really basically the same water
system. It has its own electric and gas heaters separate in tha%
respect. The water that is currently used all comes from the same
system.
MR.
houses°.
In other words, this all is going to serve two
MR. ZIMMERMAN: Yes sir.
CHAIRMAN GOEHRINGER: What about the cesspool system? Does the
cesspool system drain into one?
MR. ZIMMERMAN: There are 3, one main and two accessory cesspools.
CHAIRMAN GOEHRINGER: Do you know if the pipe goes into the one
main and steps out or does it go into an additional one?
MR. ZIMMERMAN: It leads into the one. I guess I'm not too familiar
with that but I do know that the pipe goes towards the one.
~age 4 - February 5, 1987
Public Hearing - Thomas and Catherine Zimmerman
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Does that answer your question Bill?
MR. : Yes.
CHAIRMAN GOEHRINGER: Hearing no further questions, I'll make a
motion .... Is there anybody else who would like to be heard on
behalf of this application? Anybody like to speak against it?
Hearing no further questions, I make a motion recessing the
hearing until the next regularly scheduled meeting.
Ail in favor - Aye.
Southold Town Board of Appeals
I~AIN ROAD- STATE RnAD 25 SOUTHCILD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H, SAWlCKI
March lO, 1987
Mr. and Mrs. Thomas J. Zimmerman
39 Eric Lane
New Hyde Park, NY ll040
Re: Appeal No. 3590 (V'ariance)
Dear Mr. and Mrs. Zimmerman:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board of Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to
issuance of any permits or other
be applicable.
the Building Department for
approvals in writing as may
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Commission
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
Htchael A o LoCrande
SUFFOL. K COUNTY EXE:CUTIVE
360-5206
March 20, 1987
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following application(s) which have been referred to the Suffolk
County Planning Co.mission are considered to be a matter for local
determination. 'A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
~r. & Mrs. Thomas J. Zimmerman
Mr. Samuel Cohen
3590
3599
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
Pursuant to
Board of Appeals
the following to
×× Variance from the Zoning
Article XIII of the Suffolk County Charter, the
of the Town of Southold, New York, hereby refers
the Suffolk County Planning Commission:
Code, Article ×I , SectionlOO-118(E)
Variance from Determination of Southold Town
Special Exception, Article , Section
Special Permit
Building Inspector
Appeal N0.:3590 Applicant: Mr. and Mrs. Thomas J. Zimmerman
Location of. Affected La0d: 265 Rochelle Place, Mattituck, NY
County Tax Map Item No.: 1000-144-04-09 and 08
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
or
Existing or Proposed Right-of Way of Any Stream
Owned by the County or for Which The County Has
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
or Drainage
Established
Channel
Channel
COMMENTS: Applicant is requesting permission to construct addition to
existing nonmonformin? structurm whlnh ~wn~dm 5n% of fair valum of
same.
Copies of Town file and related
Dated:March 12, 1987
documents enclosed for your review.
Secretary, Board of Appeals
· SENDER: Complete items 1 end 2 when additional sewices are desired, and complete items 3 and
Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this
~ from being returned to you..The return receipt fee will prov de you the name of the person
delivered to and the date of delivery. For additional fees the following services are available. Consult
postmaster for fw and check box(es) for additional suwice(s} requested.
1. [] Show to whom delivered, date, and addressee's address.. 2. [] Rettrlctad
3. Article Addressed to:
4. Article umbe,
103~
~ne ~a].t La~.e uane
Hatt';.tuckt NY 11952 Type of Servlce:
~ Certified L_I COD
L_J Express Mail
Always obtain signature of eddretses or
/I ,~ agent and DATE DELIVERED.
5. Sign;~~ . . ' ' 8. Addressee's Addrets (ON£ ¥ i£
7. Data of Deliver/
'. PS Form3811,Feb. 1986
DOMESTIC RETURN RECEIPT
itam~
· SENDER: Complete 1 and 2 when additiona, se~icet are detired, end complete 3
Pul: your addn~s In the 'RETURN TO" space on the reverse side. Failure to do
card from being returned to you Th~ re~urn receipt fee will provide you ~he n~nle of the t~qrson~
dadvered to end the d~e of delivery. For addltlonei foes the following survlce~ are available. Con~qt
postmaster for f~ and check box(es) for additional service(s) requestetl..
1. i-] Show to whom delivered, data, and addressee's address. 2. [] Restricted Delivery.
3. A~cleA~re~adto:
Arthur Hanson
2405 Bay Ave.
PO Box 994
Mattituck, NY 11952
4. A~lcle Number
P 446 309 102
Type of Send~:
Certified ~ COD
~E~
" - - Alway. obtain signature of addre~ee or
,-
January 31, 1987
Permit No. 15477Z
Appeal No. 3590
Southold
Board of Appeals
Members
Gerard P. Goehringer, Chairman
Gentlemen:
First, I would like to thank the Board for taking the
time to review my application (Appeal No. 3590) and for giving
me an opportunity to be heard on February 5, 1987.
Second, I would like to explain the reason and
circumstances surrounding my case and the hardship created:
In submitting my application and subsequently
receiving a building permit No. 15477Z to extend my second
one-family dwelling which currently conforms legally for
dwelling use but is non-conforming due to insufficient yard
setback (it was built prior to current zoning laws), I intended
to add a third bedroom and enlarge the kitchen/eating area. I
received approval for a 350 square foot extension. Prior to
construction, I realized that, with the cost of material and
labor, another three feet (3' X 30') ore'square feet would
be economically feasible. I spoke with the Building
Department and, with the understanding that there was no
encroachment, this could be done; so I submitted revised plans
via Federal Express and began construction. I contracted for
the foundation work and bought the materials required to
complete the addition. (I currently have in storage these
materials which I have paid for.) Upon completion of the
foundation, I called the Building Department to inspect the
work done to date so that I might proceed within the
guidelines. When they made the site inspection, I was informed
that I exceeded my approval by 270 square feet. I then
realized that there was a miscommunication between what I
thought was allowed from the Building Department. You could
appreciate how I felt at this point. I would not have added
the 270 square feet if this was not allowed. I can only blame
myself for this mistake and realize that I should have waited
for the revised written approval.
Southold Board of Appeals
Page 2
As of this date, I have the foundation completed, the
deckwork done and the excavation filled back. This was done to
avoid anyone from falling in or hurting themselves and to
prevent the concrete block walls from collapsing. As
requested, I have not done any further work on the project
since early November.
The zoning laws state that the non-conforming
structure (non-conforming to insufficient front yard setback)
addition would exceed 50% of fair value. I do not believe this
would be true for the second family dwelling which has
currently the following rooms: two bedrooms, living room,
bathroom and a kitchen/eating area. I am enlarging the kitchen
and adding a third bedroom. The net result would be one
bedroom and a larger kitchen. There would be a total of six
rooms when before there were five rooms. In my opinion this
does not appear to increase the value by 50%. I did this
extension to meet our guests (relatives and friends) and
family's needs. We look forward to using this second family
dwelling especially in the summer and fall. I have spoken to
my neighbors and explained my intentions. They (Mr. and Mrs.
Robert Layton and Mr. and Mrs. Arthur Hansen) have no objection
to the improvement. I have no intention of renting the
premises after completion but to be used strictly for family
and friends. I appreciate the Board's concern for protection
of other homeowners and I would not want to construct anything
to affect their property values. The finished structure would
keep the same appearance as before. The extension is on the
west side of the second family dwelling on which our third lot
is vacant.
Besides space, our greatest hardship is the expense
already incurred which cannot be recouped. The material and
labor expended is in excess of $9,200. Given the cost of
construction these days, I am sure you can appreciate this
hardship and try to understand the circumstances surrounding
the events described above.
In going through this experience, I have found that
both the Building Department and Zoning Board personnel have
been extremely helpful, concerned and informative, expecially
Mr. Victor Lissard who has offered guidance through this
Southold Board of Appeals
Page 3
situation as well as Helen DeVoe and Linda Kowalski who have
answered various questions and helped me with the forms for
this appeal. I will be at the Zoning Board of Appeals meeting
representing myself if you have any further questions.
In closing I would like to say that, while I realize
that what I did may not have been correct, the Board will
understand why it was done and why I do need the variance.
Thank you in advance for your time and consideration.
Sincerely yours,
AS~3~IMMERMAN
Tax N~p bio. 1000 Section ~. ................... B
~~.uont to a~ icati~ ~ .. :.~.~...
~ ~.~, ~ ~ Building In~or .:~.
........................
Building Inspector
R~v. 6/30/80
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HiLL
SOUTIIOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
/--X/X Land
Use(s)
Pre C.O. #- ZI5130
Date- Dec. 24, 1986
located at 265 ROCHELLE PLACE MATTITUCK
Street Hamlet
shoxvn on County tax map as District 10000 Section 144 , Block 04
Lot O9
, does[not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient total area. Insufficient front yard set back;
non-conforming 2nd dwelling.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming fX/Land ii/Building(s)
/i/Use(s) existed on the effective dat~ the present Building Zone Code of the
Town of Sou~hold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's'Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains a one story, one
wood dwelling, a 2nd one family dwelling; an accessory/shed.
situated in the A-Residential-Agricultural zone with access
family,
All
to Rochelle
Place a town road.
The Certificate is issued to THOMAS J. AND CATHERINE N. ZIMMERMAN
(owner, k~ig~X~XX
of the aforesaid building.
Suffolk County Department of Health Approval N/A
UNDER%VRITERS CERTIFICATE NO.
NOTICE IS HEREBY GIVEN that the owner of the above premises PLiS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with al~ applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions. //--7
Building inspector
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
February 5~ 1987
S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW[CKI NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3590
PROJECT NAME: Thomas and Catherine Zim~erman
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [' ] Type II ~] Unlisted [ ]
DESCRIPTION OF ACTION: Construct addition to existing nonconforming
structure which exceeds 50% of fair value
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly knQwn as: 265 Rochelle Place,. Mattit~ck, NY 144-04-09 & 08
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 property in question is not located Within 300 feet of
tidal wetlands or other critical environmental area.
(3) This project will not create an~ increase in density since
the premises are developed.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
APPEALS BOARD
MEMBERS
;ERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
;ROBERT J. DOUGLASS
!:JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- I~TATI~ ROAD 25 BOUTHE]LD, L.I., N.Y. TlcJ'71
TELEPHONE (516) 765-1809
December 15, 1986
Mr. and Mrs. Thomas J. Zimmerman
39 Eric Lane
New Hyde Park, NY ll040
Re: Appeal No. 3590 (Variance)
Dear Mr. and Mrs. Zimmerman:
This letter will confirm that the Board took the
following action at our Regular Meeting held December
1986 in the above matter:
ll,
RESOLVED, to hold temporarily in abeyance the Matter
of Appeal No. 3590 for Thomas J. and Catherine Zimmerman
pending receipt of the foll6wing:
Copy of an Amended Certificate of Occupancy of
Nonconforming Premises, if available, clarifying legal
use of the building in question shown on survey dated
April 4, 1986 as "fr. cottage."
Upon receipt of the
will be in a position to
application for a public
above documentation, the Board
schedule and advertise your
hearing.
Yours very truly,
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
NONCE OF H RI GS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town Of Southold, the
following public hearings will be
held by the ~
W AR --
at the Southold Town Hall,
Main l~ad, SOutsold, NY at a
Regular Meeting, ~
MARCH 5r 1987r ~e follow-
~mg times:
7:35 p.m. Appeal No. 3590-[
THOMAS AND CATHERINI~.
(Rece d
2/5/87). Addition to noncon- ,
forming dwelling structure ex-' ,
ceedn8 $0% of fair value, 265 ¥
Rochelle Place, Mattituek, NY;
1000-144-04-9 & 8.
7:40 p.m. Appeal Ho. $6~. ~--
Article 111,
Section 100-$1, Bulk Schedule,
for approval of insufficient lot
area (78,408 sq. ft.) of parcel
proposed to be set-off in this
pending division of land. Loca-
tion of Property: Nog'th Side of
Main Road, Cuto~ngue, NY;
County Tax Map District 10(X),
Section 109, Block 1, Lot 8.5
7:45 p.m. Appeal No.
3610-CAROL A. BAR-
THOI~n~~
ilon to the Zoning Ordinance
tbr permission to establish "Bed
and Breakfast" use, incidental ·
and subordinate to the propos-
ed single-family dwellh~ use, in
accordance with the ze-
quirements of Article lli, Sec-
tion 100-30(B){16]. Location of
Property: 7015 Wickham
Avenue, Mattituck, NY; Coun-
ty Tax Map District 1000, Sec-
tion 107, Block 5, Lot 4.
7:50 p.m. Appeal No. 3612-
PHILIP AND ELLEN
BELl-OMO. Variance to the 9
Zonm'-~g mance, Article XI,
Section 100-119.2 for pem~ssion
to construct addition at rear of
dwelling with an insufficient set-
back from wetlands along Great
Pond at 7455 Soundview
Avenue, Southold, NY; County
Tax Map District 1000, Section
59, Block 6, Lot g.
8:00 p.m. Appeal No. 3511-
KAPELL REAL ESTATE INCL
AND LIMPET CORP~
Variances to the Zoning Ch'-
dinancg Article~ Ill, Section
100-31, Bulk Schedule for ap-
proval of insufficient '(I) lot
area, (2) lot width, (3) lot depth
of two parcels in this pending
division of land. Location of
Property: Linett and Brown
Streets, Greenport; Greenport
Driving Park Map, Lots 16 and
65: County Tax Map District
1000, Section 48, Block 3, Lot
25.1.
i~)UNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she
Editor, of THE LONG ISLAND TRAVELER-WATCi
a public newspaper printed at Southold, in Suffolk C
and that the notice of which the annexed is a printe~
has been published in said Long Island Traveler-Wal
once each week for /
8:05 p.m. Appeal No. 3608-
RICHARD F.:MULLEN. JR.
Variance to the Zonin~ Or-
dinance, Article Xi, Section
100-112(I) for permission to
· utilize subjec~ premises for a
paved parking area for the
employees of Mullen Motors, an
established business abutting
this parcel along the north side,
.~2.,~ ~ Zone Districts: Partly "A"
Residential and A~icultural and
successively, commencing on the "B-r' General Business. Loc. a-
Sworn to before me this =~ ~
....... .~. c., .~.~ ..... 19 ~?
tion of Property: East Side of
Cottage Place, Southold, NY;
County Tax Map District 1000,
Section 62,. Block 3, Lot 19.
8:10 p.m; Appeal No. 3592-
BENTE! SNELLENBURG.
Variances to the Zoning Or-
dinanceArticles: {1) XI, Section
100-119.1(B) for approval of
eight.foot height of fencing
along the easterly pwperty line
a length of 72-+ feet; (2) XII,
Section 100-141, Appealing the
November 6, 1986 Order to
Remedy~,~iolation .w_hich man-
date~ a building i~-rmit for new
fencing alon~ the easterly pro-
~ ~ perry line. Location of Proper-
~.~.~-.~A~.~_~,~ ~-~/~¢_.~ ty: Private ri~ht-of-way,exten-
.................. ding off .:tbe east side of
Notary Public ' South Harbor Road known as
Private Road No. 10, or Old
BARBARA FORBES Woods Path, Southold, NY;
Notary t'ubli¢, State of blew York County Tax Map Parcel No.
No. 450~46 1000-87-2-21.
Qualified in Suffolk County 8:20 p. Ol. Appeal No. 3611~
Commission Expires ~.~f.3/ lg ~ RAYMOND AND ELEANOR
~Variance to the
i~ltancen Article 111,
Section 100-31, Bulk Seheduie
~ for approval Of insufficient lot
i width of three parcels, each con=
raining 4.6:i: a~re~'.., i,n this pen-
ding minor su~ni~'isrom Loca-
tion of Property: West side of
Paradise Point Road and north
i~ side of North'Bayview Road,
: Southold, N~ County 'lhx Map
~!'~ ~* :The Board of'Appeals will
· ~: hear at said time and place all
persons or representatives desir-
ing to be he~rd in each of the
above matters. Each hearing will ·
I not start before the time ailot-
I ted. Written comments may be
submitted prior to the condu,
sion of the subject hearing. For
more information, please call
765-1809.
Dated: February 23, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowaiski,
Board Secretary
IT-2/26/87(6)
Legal Notices
NOTICE OF HEARINGS
NOTICE IS IIEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Southold, the follow-
ing public hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hall, Main Road,
Sonthold, NY at a Regular Meet-
ing, THURSDAY, MARCH 5,
1987 at the following times:
7:35 p.m. Appeal No. 3590
THOMAS AND CATHERINE
ZIMMERMAN IRecessod from
nan, ~rticle IlL Section 100-
31, Bulk Schedule fbr approval
of insufficient t l) lot area, 12} lot
width, 13~ lot depth of two par-
cels in this pending division of
land Location of Property:
Linett and Brown Streets,
Greenport; Greenport Driving
Park Map. Lots 16 and 65;
Section 48. Block 3, Lot 25.1.
8:05 p.m. Appeal No. 3608 -
RICHARD F. MULLEN, JR.
Variance to the Zoning Ordi
nance. Article XI, Section 100-
1 12lb Ibr permission to utilize
subject premises for a paved
parking area Ibr the employees
of Mullen Motors, an established
business abutting this parcel
abmg the north side. Zone Dis-
and Agricultural and "B-1' Gen-
erty: East Side of Cottage I'lace.
District 1000, Section 62, Block
3. Lot 19
8:10 pm. Appeal No 3592
BENTE SNELLENBURG.
nance, Articles: Ill XI, Section
eight-fbot height of fbncing
along the easterly property line
a length of72 ! Ibet;{2) XII, Sec-
November 6, 1986 Order to Re
will not start before t~- time al-
lotted. Written corn ks may
be submitted prior to [.e conclu-
sion et' the subject hearing. For
more information, please call
765-1809.
Dated: February 23, 1987, } SS:
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN of Groonport. in
Linda Kowalski, f sworn, says that he/she is
Board Secretary
ITF26-5513 SUFFOLK TIMES, a Weekly
,-=--o~--~.-.. ,- .... at Greenport, in the Town
of Southold. County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for ~
weeks successively, commencing on the
day of ~b 19 87
Pr~cipal Clerk
Swor.
day of ~ 19
NOTARY PUBLIC, State of Suffolk ~un~
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2..~ SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, .IR.
ROBERT .I. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
; Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours. very~
., CHAIRHAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
Mailing List of
Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting March 5, 1987
Copies by mail to the following 2/24/87:
Mr. James E. Cross, Box 730, Cutchogue, NY 11935
Mr. and Mrs. Thomas J. Zimmerman, 39 Eric La, New Hyde Park, NY 11040
Mr. Kenneth Montgomery, Bay Avenue, Mattituck, NY 11952 (Re: Zimmerman)
Mrs. Carol A. Bartholomew, 7015 Wickham Ave, Mattituck, NY 11952
Mr. and Mrs. Philip Bellomo, 25 JQyce Road, Plainview 11803
Mrs. Phyllis Birkby, Arch., 155 West 19th St, NY, NY lOOll
Mr. Dan Smith, Box 572, Southold, NY 11971
J. Kevin McLaughlin, Esq., Box 803, Greenport, NY 11944 (Re: R. Mullen)
Mr. David E. Kapell, 400 Front St, Greenport, NY (Re: Limpet Corp.)
Mrs. Bente Snellenburg, Private Road, Southold 11971
Phillp~J. Cardinale, Esq., Drawer W, Jamesport, NY 11947 (Re: Snellenburg)
Mr. and Mrs. Donald E. Dean, 9 Yorke Rd, Mountain Lakes, NJ 07047 ("")
Mr. and Mrs. Socrates Spirakis, 139 Stratford Avenue, Garden City 11530 ("")
Mr. W.S. Ballenger, 1801 Woodbourn Dr, Flint, Michigan 48500 ("")
Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Re: Kerester)
Rensselaer G. Terry, Esq., Main Road, Southold 11971 ("")
Posted on Town Clerk Bulletin Board
Copies to ZBA Members 2/24/87
Copies to ZBA Individual Files 2/24/87
Hand Delivery to Newspaper Offices 2/23/87
NOTICE: ~ :18~;b~;~ HEREBY
GIVEN, pursuant to Section 267
of the Town ~w and the ~e
the Town of ~u~old, ~e [oll0~-
lng public h~ri~ will ~ held
by ~e SO~O~ ~WN
BOARD OF APPeAl'at the
Southold Town Hall, Main
Southold, NY at a ~lar M~
ing, THURSDAY/ ~ F~B-
RUARY 5~ 1~7 at the following
7:35 p.m. Ap~al No. ~1
MARGARET ~D dOSEPH
BEST. V~ian~ ~ the ~ning
Ordinance, Article X[: ~tion
100-119.2 for ~on ~ ~n-
stmct addison pt ~e ~utherly
struct two-story building for of-
rice use incidental to prinelpa!
use of the premiass with an in-
sufficient frontyard ~tbaek in
this "C-I" Heavy Induatrlal Zen.
lng District. Location ef Pr~p.
arty: Lot No. 2, Minor Su~livl.
sion No. 450; South Side Of Ore,
gert Road, Cutchogue, NY;
County Tax Map Parcel No.
1000-83, 3, part of Lot 4.4. Con.
toining 4.59 acres.
7:55 p.m. Appeal No. 3462 -.
HERBERT R. MANDEL.
Variances to the
- Zoning Ordi-
nance, At'tic e Ill, Sections 100.
suiting from this proposed three.
Point at East Marion Section
Three, Inc." for: (a Iota hay ng
!nsulllcient lot area; (b) lots haw
mg insufficient lot depth; (c) Lot -
having insufficient lot width;
Lot 3 as proposed with structure ·
having an insufficient frentyard
setback; la) Lots 2 and 3 as prep.
osed each will contain structurce/l~
Lhat do not meet princiPal.us~
cequirement for a' single-family
tweUing; (D existing barns on
t,ots 2 a~4 ~3 ~s, prp~,
lave insufficient setbacks fr~m-
ad along tidal water' area '~ , ~.~,.~, ~yara preperty line
and to ~ton Itltl.~! o-17 l~u~ line, d viding
~h~ule, fse ~ i~cient ~t- ~uth). ~on of ~y:
back from ~e ~ar pm~y line, 9355 M~n ~, E~t MaCon; STATE OF NEW YORK )
at pre~i~ I~ along ~e County T~ Ma .....
south side of a p~va~ r gAt-of- 1~03, -- ,, ~? ~a~ ~o.
~a~ (ex~ndmg off the e~t.side 2918ac~2 uon~mmg
s. co.... /
..c.th. I ·
~ , ' ............ e ~ ~h~ll~ Pla~ '
County Tax Map Pa~l No. ~. Va~ P~uant
10~-98.5-18. New York Town
7:4~ p.m. A~al No. 8~ .. 2~-a, for app~vaJ ofa~ over
DANIEL ~O 1~ priva~ right-of-way (p~nUy
Me~. V~an~ ~ ~n-
struct'swimmin~l~+~ r., o~ by Ellen Villani)
feet of exmti~ bulkhead alo~ P~la No.
ance ~ the ~ning O~inan~ . ~p:~. Ap~al No, ~ .. , Principal Clerk
Main Road E~t uLL_ ,,~ ~ln~ce, A~cle Vll
~ ,,,arran, m~; 100-70B (4 & 5) for ~rmi~ion day of ~ ~ 19
County Tax Map Pa~l No. ~ ~blish a ~al ~lf-~i~ -
10~-31-14-12. g~ s~tion in ~unction wi~ ~ff MARY K ~EGNAN
750 pm Ap~al No 3~95 full~gass~t~onapp~vM ~, , ~ N0lARYPUBLlC, otateolNewY0rk
& 7L
8:25 p~m. Appeal No. 3597 ,.
ROBERT AND HELEN
DIER. Special Exception to the
Zoning Ordinance, Article III,
Section l~0-30B for permission
to establish "Accessory Apart.
nt tn ex]stinggarage area in
accordance with the require-
merits of Subsection 15 thereof.
Location of Property: 355 Terry
Lane, Southald, NY County Ta~
Map Parce No. 1000-65-7-20.
The Board of Appeals will
hear at said time and place all
~)eraon8 or representatives desir-
ing to be heard in each of the
above hearings. Each hearing
will not start before the time al-
lotted. Written COmments may
be submitted prior to the COnclu-
glon of the subject hearing. For
more information, please call
765-1809.
Dated: January 24, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
. Linde Kowalski,
rP
Carol S~arlata ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of'Suffolk and State of New
York, and that the Notice of which the annexed is
a printed dopy, has been regularly published in
said Newspaper once each weak for one
weekg successively, commencing on the .2 9
dayof. January __ 19~7__
~e xown l~w and~the Code
the Town of ~uthOld, the
held by the ~
~ ~R~'OF AP~I ~
fnil~ing tim~: ,
MAROA~T AND JOSEPH
B~. v~ m the ~nina
~anc~ A~icle XI, ~on
1~119.2 for ~ion to ~n-
s~ct ad~on at the ~utherly
side of~s~ d~lHn~ ~th ~
insufficient setback from
bushed ~o~ ~ ~ ~
~d m ~ction I~3L Bulk
~h~ul~ for ~ ~u~t set-
~ck from ~e ~ p~y
at p~mi~ 1~ ~on~ the
south side of a prl~te right~f-
~y (~temiing off the ~t side
of Camp Min~la ~d), Mat-
SS:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Tra)eler-Watchman
once each week for ..... weeks
successively, commencing on the ......... .=~...~'..~. ......
tituck, NY; County 'I~ Map Sworn to before me this ........ ~ ?..~ ...... day of
Parcel No. 1000-123-06-17.
7:40 p.m. Appeal NO. 35,~t-. . L ~)~
~~ce ~ 8:o5 p.m. Appea~ N'~-~l~.'~· ...........
to the Zoning Ot'dinaneei ~d, ti- (T~HOMAS 7 $:.~ ~ q~:,A-ND ~
mission to construct acceSSory ,Variance to t~ :l
garage structure, for storage and dinance, Article XI, Section ]
garage purposes, in front and 100'!I8E for permissi~n;~' /?~.~. f~-/t~.~
side yard areas, premises located : ~truc~ addition to existing non- / ........... . ....................
aiongthesouthaideofaprivate ;':conformingstructurewh~'ch~.~ Notary Pubhc
right-of-way (ex~ending off the ., ceeds 50% of fair value of same \
south side'of Indian Neck' asexists, at 265 Roche~e Place,' ~ BAr'R*o^
Road),paconic, NY;C~mty'l~I Mattituck, NY; County Tax" \
Map Parcel No. 1000-95-5.1~, '~ ' Map Parcel N° 1000-144~4-~ I I'lo'~&ry ~>ub~L% St~e of New York
7.45 p.m. Appe~ No.,359~ .and08. Contmnmg .60anac~' I '
DANIEL ,AND IRENR-'"i .~ 8:10pm Anpe~ No. 3~ ~/ Q.'::;;£i~] ~uffo ~ County
structawi~mingpoolwithfence ~ ~ILLANI. Yariance pursuant to
enclo~ure and cabana within ?5 '::New York Town Law, Section
f.? of existing bulkhead along' i ~ t280~a, for approval of access'
t~daiwater, requLringa~uiance~ "over private' right-qf-way
to the Zoning Ordinance, Atti- (presently owned, by Eileen
cie XI, Section 100-119.2. Loon- ii,~ ~illanJ) alon~ the east side of In:
tion of Property: 13220 Mdb1 ~,~:d~an Neck Road, Pt'conic, to
Road, East Marion, NY; ComI, other premises of the applicants'
ty Tax Map Parcel N0~ ! ~ identified as County Tax Map
1000-31-14-12. ' ~', ParcelsNo. 1000-8~.30 & 10.
7:~0 p.m. Appeal No. 3595- Y. 8:i5 p.m. Appeal No. 3596-
~ v~ance '~ ~:~ Special
to theZo0i.nLO:r, dinance~A~fl'' i ~;~XceptOn to the~-~a8 Or.:
cie IX. Sectnon 100-~0, 100-~ ~ dinance, Article ¥I1. Section
Bulk Schedule, for permia~_c~_¥;:~.l,00-70B (4 & 5) for permission.
to construct two-story bnil~ ~ Io establish a partial self-service
for office u~ incidco~ to prin-;..¢ ~! ads station in conjunction With.
cipalnseofthepmd~eswtthan , 'full.se~vice:gasstationapprov.'
insufficient frontyasdaetbackin , ed 6/29/72 under AppL No.,
this "c-r' Hea~ lndumiat, i 1~4. Location of ProPerty:·
Zoning District. Locatio,n,':of j 32400 C.R. 48 Pec~nic, NY;
~.l~o..~.~y.~Lot?._o. _2, M.i~or.Sub. J i~_CouatY ~ Map Parcel 'No.
mvmon t~o. e~ui :~outh sine of ~ 700-74-4-?.1 (6 & 7). .
Oregon Road. Cotch°gue, N.Y4.~[ i~,8'.~ p.m; Appeal No. 3597-
County Tax Map Parcel ~ No. ~ ,~O~,R'r AND HELBN Dllan
1.0.0.O/83.3. part of Lo! 4~: Con. ~, g~ciallL~aptiontotheZon.
tmmng4.$ga~es. :.:.' '~...:~ ~Otdinance~Atficlelll~Sec.
aE7~5__p=m_. Appeal No. 346~, [ ~0a.l..0q-.~) forl~enniSSion to
BLURT R. MANDEI~= / ~tablishi' ~,a:~.sSOryl Apart-'
' ' ~ant .....
Variances to the Zomng Qr~ ~ ~ in ~ng garage area m
dlnance, Article Ill, Sections ~ ~cCOrdance with the re-'
100-30A. 100-31, Coltm~A-8~ [~luirements of Subsection
resulting from this 'proix~ .[.~_-_~eo~. LocatiOn of Property:
~,h, rec-lot MinOr ~ Subdivisions. [~55 Terry Lane, $outhnid, Ny;
HighPoint at East MariO~' ~].~,~.ounty Tax Map Parcel No.
Section Thr~ !n~', for. (a)loft [~j000-65-7-20, .
having insufficient i~-area; (b)' ~'~, The Board of Appeals will
lots having insufficient lot" r,_he-as at Said time and place all
depth; (c) Lot having insuffi- r';Pes'-on~orrepresentattve~d~si~-'~'~,
cient lot width; (d) Lot 3 as pro.
posed with structure having
insufficient frontya~d: siabac~]g,
(e) Lots 2 and 3 as, proposed'
each will contain stru~ tha~
do not meet principai'-Use
quirement for a $insle;famii~,:
dwelling; (0 existing barns'
~vtS 2 and 3 as PruPOsed Will:
e insufficient setbacks from'
proposed frontYard ' b~perty i;.
line (and b0Undary!llne)?]'
dividing Lot~ 2 and 3 runni~,;
north and south). Logatida of,
Property: 9355 Main ~, Eas~p
Marion; County Tax MaP ~1
No. 1000-031.0J,il.2& C0~ain;~
~i~.~tO.~ head in.eaclF'~, f~ th~
fllot~. Written ~mments may
~0 ~ submitt~, prior to the
~nciusinn of the subject hear.
l~. For-mo~ '.information,
pl~ ~11 765-18~. ~.
Da~: January ~, 1987
' BY ORDER oFTHE
SOUTHOLD ~WN
· BOARD OF APPEALS
GERARD R ~EHRINGER,
CHAIRMAN
Lit ~ =waiski,'
December 1,~1986
Zoning Board of Appeals
Town of Southold
Town Hall
Main Road S.R. 25
Southold, NY 11971
Re: Matter of the Petition
Thomas J. Zimmerman and
~ Catherine N. Zimmerman
for location of property at
265 Rochelle Place
Mattituck, NY 11952
Section 144, Block 04, Lot 09
1. Enclosed
2.(a) PERMISSION OR RELIEF REQUESTED
I hereby seek permission to extend my building
permit ~15477Z an additional three feet x thirty feet (90
square feet) from the verbal approval which was granted prior
to the start of construction. This additional 90 square
feet will extend on the northwest side and southwest side
of the cottage by three feet.
I feel it is necessary that I give the sequence
of events leading up to the situation that currently exists.
I originally submitted plans and received a building permit
~t5477Z to construct an addition of 8' x 10' (80 square feet)
with concrete block and flooring to the cottage. Subsequent.
to that permit I received a verbal permit to extend the west
side of the cottage an additional 9' x 30' (or 270 square
feet) with concrete block and flooring. I was asked if
this would cause encroachment and I said no because there
was no structure near my other lot. The cottage was to hav~
the same form that currently appears om the building. I
then called the town and asked for an additional 3' x 30'
(or 90 square feet). In my discussion with the building
department, I thought that I had been granted this approval
so I immediately sent to the building department, by Federal
Express, the revised plans, indicating the additionan 3'
x 30' (or 90 square feet) on top of the already approved
80 square feet and 270 square feet.
Two days after the town had received these revised
plans, the construction was started. I was told that before
the second phase of the construction could be continued,
the conccete block and flooring had to be approved. After
the concrete block and flooring was completed, I arranged
with the building department to review the work that was
completed. Upon the inspection of the work that was done,
I was advised that I went or exceeded the approved 80 and
270 square feet by the additional 90 square feet. Upon being
Page 2
advised of this, I realize that there was apparently a misunder-
standing because I thought I had this approval and my plans
showed this additional 90 square feet to be included. I
would not have gone this additional 90 square feet if I did
not think I was allowed.
Also the additional 90 square feet on top of the
approved 80 and 270 square feet supposedly will now improve
thebuilding by more than 50% of the fair value of the building.
Prior to the extention, the building had the following rooms
included inside: 2 bedrooms, full bathroom, laundry area,
living room, kitchen. The extension was to extend the kitchen
which would also provide for a larger eating area than currently
exists, a fireplace and another bedroom. I did not think
that the addition would improve the current fair value by
50%. I am improving an existing kitchen/eating area and
adding one bedroom and a fireplace. If I have five rooms
now and I will have six or seven rooms (if you consider the
eating area [open] an additional room) when completed, I
feel that perhaps a 30% improvement of fair value would be
achieved. Please understand that I'm not looking to have
the alteration to improve the fair market value but to give
additional space for more comfortable conditions when relatives
or friends visit during the summer.
2.(b) HARDSHIP
The hardship that currently exists is that the
excavating, concrete and block and flooring, have been completed,
and the payment for these services has been made. This work
has been satisfactorily approved by the building department
in terms of construction and code. Also building material
has been delivered and paid. It would be an additional cost
to reduce the concrete wall and flooring and rebuild the
same for the 80 square feet and 270 square feet that was
approved, at perhaps twice the cost of what has been spent
already. The additional 90 square feet is on the western
side of the building which touches my lot ~19. There is
no other structure on lot ~19 or within view from the owner
of the adjoining lot. The owner of the property to the east
of me, on lot #22, does not view this alteration. There
is no obstruction to anyone. Also, as I explained in part
2(a), the additional one or two rooms to the existing five
rooms should not alter the fair value of the existing structure
by more than 30%, and this appears to be the reason for the
disapproval under Article XI, Section lO0-118E. Also, in
order to have constructed to date, we also have lost three
trees and numerous shrubs which also would be an additional
cost to replace.
Page 3
2.(c)
LOCATION OF PROPERTY
Street - Rochelle Place, aka Salt Lake Lane
Hamlet - Salt Lake Village
Subdivision - None
County ID number - Section 144, Block 4, Lot 09
2.(d) ZONING DISTRICT: A-Residential
2.(e)
CURRENT PROPERTY OWNERS
Thomas J. and Catherine N. Zimmerman
265 Rochelle Place
Mattituck, NY
2.(f) Article XI, Section 100-11SE
2.(g) Does not apply
2.(h) Does not apply
3.(a) As per my conversation with the building department,
I was advised that the two owners who should be notified
are: Robert A. Leighton and Charles Bruggeman. The building
department asked that I send to each of them a registered
letter that explained work was being done. After receiving
the addresses from the building department, I sent out the
registered letters on Friday, November 28.
3.(b) Have sent one copy of Notice Form to the two owners
given to me by the building department on Monday, December
1, 1986, by certified mail, with return receipt requested.
4. Short Environmental Assessment Form is completed, signed
and attached.
5. Wetland Letter is completed, signed and attached.
6. Does not apply
P~ge 4
7. Certificate of Occupancy is attached.
8. Does not apply
9. Enclosed.
10. Enclosed
Also enclosed are Current Survey and Current Deed.
I realize the time that this Appeal will take you.
I want to let you know that I did not intentionally go beyond
the approved construction. Your consideration to my hardship
that has been created would be appreciated. I apologize
for any inconvenience I may have put people through. I must
say that the'people in the building department have been
most helpful and sincere. Special thanks to Mr. Lessard
and Helen DeVoe for their help and guidance in the matter
at hand.
If you heed to have any questions answered or need
any other information prior to the hearing, please call me
at 516-794-3355 (work) or 516-352-1424 (home).
Sincerely,
Encl.
THOMAS/~ ZIMMERMAN
ITEMS OR ARTICLES SUBMITTED
1. Notice of Disapproval from the Building Inspector.
2. Application in triplicate which included in sequence
~the information requested.
3. Notice of Adjoining Property Owners Form.
4. Executed Short Environmental Assessment Form.
5. Wetland Letter.
6- Certificate of Occupancy.
7. $75.00 filing fee check.
8. Current Survey.
9. Current Deed.
10. Appeal from Decision of Building Inspector.
11. Information concerning New Divisions of Land
form.
BOARD OF APPEALS, TOWN OF 5OUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of Ihe Town of Southold :
Z¥o~' Z~f~q
po ~o7,
YOH ~RE HER[BY GIVE~
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~(Variance~(Special Exception) (Special Permit) (Other) [¢ir¢ie choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ~--
3. That ~he prf~perty which is the subject of such Petition is located in the following zoning district:
Id,~-.~ /~£~/7?Z)Z~ '
4. That by such Petition, the undersigned will request the following relief:
5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are A~ticle ~-7"_ ...~;c.io.n /~JO -~//~9 ~
[ ] Section gg~--^', 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 ma), then and there
examine the same during regular office hours. (53.6) 765-3.8Q9.
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, cw ,c~-B~,o,~g ~/~'~.
Petitioner
Owners ' Names:
Post Office Address
( Tel. ~/~ ~/~
pROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 446 309 10~
Arthur H.a nsDn
2405 Bay Ave.
PO Box 994 ---
MattitucR, NY 11952
_ .70
~ p 44K 309 103
Philip J. Montgomery
One Salt Lake
Sattituck, ~Y ~11__95_2_
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
._7~.,~,¢,///~, .~ ~//~;/F/,,,~'-~/C4/~/U' . residing a~
'~J ~ 1/~ ~ , I~eing duly sworn, deposes and saYs [ha[ on ~he ~ day
of ' ~m~ ' ,l?~,dcponentmailed~lruecopyoflheNodceselforlhon,here-
verse side he~eof, dir~cled ~o each of Ihe above-named persons al lhe addresses set opposile lhel~ respecllve
names; that the addresses set opposite Ihe names of said persons are ll~e addresses of said persons as shown on
the current assessment roll of the Town of Somhold; lhal said Nolices were mailed al Ihe Uniled Slales Post Of-
rice at ~P~ ~/~ ; Ihal said Nolices were mailed lo each of said persons by
~ifi~registered) mail.
(This side does not have' to be completed on form transmitted to adjoining
property owners.)
COTTAGE:
265 Rochelle Place
Mat~ek, New Yor~
I, EDITH HANSON, de,Care that the following
are t~e and to the but of my k~wledge are corre~:
That both my h~sband, Arthur and I, have owned our
property on Bay Average since 19~_and that our property
adjacent to the present owner o~ cottage on 265 Roch~le
Place, Ma~ck.
That the cottage dw~ng on 265 Rochelle Place was built
to ~957.
That t~e cottage dwel~ng on 265 Roch~le Place was ~sed by
people p~r to ~957.
That the cot~ag§ dwelling on 265 Roch~le Place has been ~sed
§~' people continuo~ly from ~957 to present, 1986.
E~I?H HANSDN
STATE 0F NEW YORK:
COUNTY OF SUFFOLK:
In Mat~ck on the ~6th day of December 1986, before me
perso~a~ly appe~ared'EDITH 'HANSON, to me known and known by me to
be part~ 'executing the foregoing i~st~u~ent, and she acknowledged
a~d ~n~tr~me~, ~y her executed, to be her free a~t.
Notary
T',-!C}~.~ .!. Z?,'P.~F_RMAN
I',, ::.
Q~:~,;,;¢:J i:~ ~cw York
Commiss;on LxFires March 30, 19~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o* the Petition of :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~(Variance~(Special Exception) (Special Permit) (Other) [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:
3. That ~the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 5- Section /~0 ~//.~ ~
[ ] Section 280-^, New York Town Law for approva] of access over right(s)-of-wRy.
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 ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
Owners'Names
Post Office Address
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
/
P 414
179 655/
Charles A. Bruggemamn~
Box 5651
Mattituck, NY 11952
~ p 414 179 6S~-'''~'-
RECEIPT FOR CERTiFIFD
Robert A. Leighton
Salt Lake Lane
Mattituck, NY 11952
12/1/86
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
7"//~,,,~'///~ . ~ ~///~/Y/~'-~//~/~'Z/ . residing a, ~ ~/4 ~ ~~/~<
' '~t ~ //~ ~ . , being duly sworn, deposes and says that on the ).%~ day
of '~~ , 1 9 F~ , deponen~ mailed a true copy of the Notice set forth on the re-
ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective
namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current ass~sment roll of the Town of Somhold; that said Notices were mailed at the United Stat~ Post ~-
rice at ~ ~/~ ; that said Notices were mailed to each of said persons by
~{registered) ma;I.
Sworn to before me this
day of .~'=~6'~/~?~-:~' j /)9
(This side does not have to be completed on form transmitted to adjoining
property owners.)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 2,
1986
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3590 application of
Thomas J. and Catherine Zimmerman for a variance. Also included
is Notice to Adjacent Property Owner; Notice of Disapproval
from the Building Department; Short Environmental Assessment
Form; letter relative to NYS Tidal Wetlands Land-Use; copy
of CO; copy of deed and survey.
Judith T. Terry'
Southold Town Clerk
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTltOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
........ ~ .... ..~.... ~:~/.,..:
PLEASE TAKE NOTICE that your application dated .....O....~...~.a.~. 1.7 ....... 19 .~.~
forpemnttoconstmct ~ ~ ~ ~ ~ ~ ,.~00. ~ .
' ' ....... ~'~ ....... ' ' ..~ ~.~ ' at
Location of Property . .~[ ~.~~ ~ I~. ~~ .L
~o~ ~ ...................... g~;;i ' "" ~'~ ......
/ .Y.Y. ~o~k .~.q ..... Lot ...~
County Tax Map No. 1000 Section . .- ............ . .......
Subdivision ................. Filed Map No ................. Lot No ..................
~ ~.,~ .. ~..~..~.-. ~~.~ ..~ ~...
, . Building Inspector
RV 1/80
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIOKS:
(a) In order to answer the questions in this short gAF is is assumed that the
preparer will use currently available information concerning the project and the
likely impacts of the action, It is not expected that additional studiee~ research
or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be significant and a
completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
not significant.
(d) Lnvironmental Assessment
1, Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? · · ..... Yes./~ No
2, Will there be a major change to any unique or
unusual land form found on the site? Yes~ No
3. Will project alter or have a large effect on
an existing body of water? · · · · · __Yes .~ No
k. Will project have a potentially large impact on
groundwater quality? , , o . , , , Yes~ No
5, Will project significantly effect drainage flow
on adjacent sites? , , , , , , . Yes~ No
6. Will project affect any threatened or endangered
plant or animal species? · .... . Yes/~h No
7. Will project result in a major adverse effect on
air quality? , ° · · , , · o .... Yes/~% No
8, Will project have 'a major affect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? . . . -- Yes/~ No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? . . . Yes~ No
10. Will project have a major effect on existing or ky
future recreational opportunities? . . . Yes ./~ No
11. Will project result'in major traffic problems or
cause a major effect to existing transportation
12. Will project regularly cause objectionable odors,
noise~ glarer vibratzon, or electrical distUrb-
ance as a result of the project's operation? . Yes~/\ No
13. Will project have any impact on public health or
l&, Will project Affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative effect on the
characte'~ of the community ~r neighborhood?. · ~ Yes .... No
15. Is there publ/~ cont~ov/e;rsy concerning the project? Yes ~ No
To: Southold Town Board of Appeals ' ',
blain Road
Southold, NY 11971
Appeal Application of 7-;kW4~<~-~ ~/~7-%~-p/A/m-/~/ ~?/d/F/~J~IW///P'
Location of Property: _~Z/~-/t~DL,/7~/nS~- ,~-
Dear Sirs:
In reference to the New York State Tid~%! Wetlands T~and-us
ReGu~'a=ions, 6 NYCRR, Part 661, and Article 25 of the ~e:.; York
Sta~e. Environmental Conservation La%.;, please be advised tho=
subjec~ property i,n the within appeal application:
(please check one box)'
[ ] M,~y be locatad .within 300 feet of tidal wetlands
hc%.~,~.ver, constructed along the water-lying edco
of this prope~'ty is a bulkhead in very good
-- condition and a~ least 100 fees in ,'length. ·
[ ] May b'e 'located within 300 feet of tidal wetlands.
ho;.lever, constructed along the wate'r-ly~n~ edge
o~ thi~ property ~s a bulkhead in need of (m_,.o_)
(major) repairs, and amDroximate!y feet in
length. ' '
[ ]
[ ].
not appear to
May be located within 300 feet of tidal wetlands;
however, constructed ai~nc the water-lying edge
of this property is a bul~head less than 100 feet
in length.
May be located within 300 feet of tlda! wetlands;
and ~here is no bulkhead or
· con
on the premises.
Is not located ~ithin 300 feet of tidal wetlands
to the best of my knowledge.,
[~ita~_ed ~tclas (*) indicate your property does
fall withi:~ the jurisdiction of the N.y.s' D.E.C.
Sincerely yours,
approval must be received and Sukmittbd to our office befoce
your a.~plication can be scheduled for a public ' ~'~'
T~OWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN rIAl.,!,
SOUTIIOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
TILTS I.'~ TO CERTIFY tho, the
/~/ Land Pre C.C. ~- Z14198
/ / l{uilding(s) Date-Feb. 5,1986
/-/ Use(s)
located at 265 Rochelle Place Mattituck
Street Hamlet
shown on County ta~: map as DistFiel: 1000, Section 144 , Block
04 ,
Lot 009 , does[n,',t~conforln ~o the present Building Zone Code of the
Town ¢,f Southold for the following reasons:
Insufficient total area. Insufficient front yard set back.
On thc basis of information presented to the Building Inspector's Office,
it has bccn determined that the above nonconforming /-~/Land /~/Building(s)
/--/ tit.:(.'-,) ,!~iSte¢i on the effective (late the present Building Zone Code of the
Town of Sou,hold. and may be continued pursuant to and subject to the appli-
cable provisions of said Code.'
Yi' IS FUR'I'HT.,',R CERTIF!0ID that. hosed upon information presented to
the T;uildinR h,spector's'Office, the occupancy and use for which this Certifi-
cate is issued is ns follows: prop~e.rc_ty encompasses three lots of the
1%artley subdivi:~ion. [t cont,~ins a one story, one ~amlly, wood
framed dwell[hq, with au accessory building and an accessory shed.
Main dwellinq was added [¢~ by building permit 1848Z and C.O. Z1666.
P__r_()j2L*~.'ty situated in the A-Residential-Agricultural Zone with access
Salt Lake !,one.
'Fh~3 Certificate is is~tlt,d Jo BRUGGE~N, DORIS M. & CHARLES A.
(owner,
Suffolk County Del)art:',~,~'~t nf llcalth Approval
UNDERWI~ITE£{S C.~,P..TIFICATE NO.
N/R
NOTIC[". IS IIF. F, ~:BY GIVF. N that the owner of the above premises I-LiS
NOT CO?.'SENTIgD TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if [he premises comply with al! applicable codes and ordin-
~,nce:;, other than th,~ l~{uildin~ Zone Code, and therefore, no such inspection
has bc,:n conducted. This Certificate, therefore, does not, and is not ~tended
(o c,,r~ify that the pt'~m~i~:es c(.,,ply with all olher applicable codes and regula-
tions.
S~anda~d N Y B T U Form 8002 - 2.73-~"argam and Sale ced w~lh Coven,.hi G~an~or s ]1 L Individual of Corpo~ahOn {s*ngle sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
41714
THIS INDENTURE, made the ¢ day of May, nineteen hundred and Eighty-S ix.
BETWEEN CHARLES A. BRUGGEMAN and DORIS M. BRUGGEMAN, his wife, both
residing at 265 Rochelle Place, Mattituck, New York,
party of the first part, and THOMAS J. ZIMMERMAN and CATHERINE N. ZIMMERMAN, his
wife, both residing at 39 Eric Lane, New Hyde Park, New York 11040,
party of the second part.
....
WITNESSETH, that the party of the first part, ,n eons,derauon of Ten Dollars and other valuable con-
sideration paid by the party of the second part. does hereby grant and release unto the party of the second
part. the heirs or sucee~ors and assigns of the party o~ the second part forever,
~o00
/ oO
LOT
0o'~. ooo
o89. oo0
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ-
ate. lying and being in the village of Mattituck, Town of Southold, County of
Suffolk, State of New York, known and designated as Lot Nos. 19, 20
and 21 on MaD of Property of Lida Bartley, Mattituck, Long Island,
which map is on file in the office of the Clerk .of Suffolk County,
New York, under number 770. Bounded and described as follows:
BEGINNING at a point on the Northerly side of Salt Lake Lane,
(Rochelle Place) Distant 200.00 feet Easterly from its intersection
with the Easterly side of B. ay Avenue;
RU1TNING THENCE North 34° 50' 40" West 178.48 feet:
RLrNNING THENCE along land now or formerly Hansen, North 68° 38'
East 150.00 feet;
RUbTNING THENCE South 34° 21' 30" East 184.48 feet to the Northerly
side of Salt Lake Lane;
RUNNING THENCE along Salt Lake Lane South 71° 00' West 150.00 feet
to the. pqint or place of BEGINNING.
BEING, tlr& s~ecpremlses conveyed by james J. Porter to Charles A.
Brugg&~ a~c~ D~, M. Bruggeman by Deed dated 2/18/67 and recorded
in.:he'S~ff'o~k:',~o~%l~%~r, Clerk's Office on 2/28/67 in Liber 6120 at
Page'
TOGETHER with all right, title and interest, if any, of the party of the first part of. in and to any streets
and roads abutting the above-described premises to the center lines thereof; TOGETHER'with the appur.
tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND
TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns
of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part. in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration lot this conveyance and will hold the right to receive such con-
sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will
apply the same first to the payment of the cost of the improvement before using any part of the total of the
same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
~ln WITNESS. W~H~RgQF, ~.~t first part nas duty ex~cu~o
IN PRESENCE OF:
DoRIs M. BR~GG~
,~ C-OF, -
On the ~ day o[ Ma 19 86, ~f0r~ me
~rsonally ~e C~R~ES
~RIS M. BRUG(
to me known to be the individ
ex~uted the foregoing instmn
Lhe~ ~ut~ the
STATE OF NEW YORK. COUNTY Of SS:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
;
that he is the
of
, the corpo, ration described
in and which executed the foregoing instrument; that he
knows the seal of said coq)oration; that the seal affaxed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors o{ said corpora-
tion, and that he signed h name thereto by like order.
tm COAS 'At. A 'RACr CO.
425 BROADHOU. OW
{
:~urouin unb ~alr
C~RLES A. BRUGG~ and DORIS Mo
BRUGG~, his wife,
TO
THO~S J. ZI~E~ and CATHERINE
N. ZI~ER~, his wife
american title
Ineuran~ company
northeast region
STATE OF NEW YORIC, COUNTY OF .~:
On the day of 19 , before me
personally came
to me known to be the individual described in and who
ex.ecuted the foregoing instrument, and acknowledged that
executed the saxne.
STATE OF N~W YORK, COUNTY OF SS.
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
;
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
-~315~T- I000
SECTION 144 . 00
BLOCK 04 · O O
LOT S 008 & 009
f. Ot$~C-'fC~lcTOWN of Southold
County of Suffolk
RETURN BY MAIL TO:
WILLIAM J. NEILAN, ESQ.
92-68 216th Street
Queens Village 28, NY
zip No, 11428