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3698
F A Southold Town Board of Appeals U-3 Lr' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3698 Application Dated December 2 , 1987 TO: Mr. an.d Mrs . Thomas J . Zimmerman [Appellant (s) ] 39 Eric Lane New Hyde Park , NY 11040 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 [X] Request for Variance to the Zoning Ordinance Article XI , Section 100- 118 (E) , and [X] Request for Relief of Z . B. A. Conditions under Appl . No . 3590 rendered March 5 , 1987 . Application of THOMAS ZIMMERMAN . Variance to the Zoning Ordi - nance , Article XI , Section . 100-118E 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 14 , 1988 in the Matter of the Application. of THOMAS 'ZI.MMERMAN under Appeal -No . 3698 ; 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 . 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.. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev 12/81) 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 100-118 ( 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 var.iance , as conditionally noted below . Accordingly , on motion by Mr . G:igonis , seconded by Mr . Sawicki, i t was RESOLVED , to GRANT a Variance under the Provisions of Article XI , Section 100-118 ( 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 Decisibn Rendered February 2 , 1988 5 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 . 1 k is' "GER RD P . GO R GE CHAIRMAN February 22 , 1988 , RECEIVED AND FILEJBY THE SOUTHOLD TOW14 C DATE a �j�I1OUR Town Clerk, Town of Southold I t 1 . . " # . _� 1.�:!,ij�;i1iIiiI��I;�!I;��.:�1:,i�i!�!1;iii!��I.iI.�iIi;���IiiI 4I�I1i1!:�iII..�:i)�!:iI.;!�.:i;I�IIj�;I�:!�Ii i��I;r,!I�iI i1�,i�I;;1;:L:I���I;-i!�1�:l��:I!�!I�t�;��I�IIi�iII��:�i,!I,�.�i�Ii11i��. II , . 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AF__ �, �9NI`� I � 3 IY ,t�WELt,It`Ilo to applieablt codes, sta�Larda . _ rJ - _ -3" }/ � '{I ,1043 . . ad > practice. . nl X. :� Ilo� t ,_ U 11 i ' . • , ; D N w ¢ c� h 5' Contractor shall discoaoect . _: \. -`cY a It . , 'Si� H ' 1�, *A cap and n:orts my exiftiae� ; N I T- 1 -_, ; 1 '`h - _'I,a . . . +.J `\ = 'P '1 .h Matsr. sanitary or utility . �► _ 4 �. �° ! f �i . ,� Z ��V !'X'(9�i ' ' �� ,� ,�� b �I� . , !goes in area of aaew iowda(ioo h 0 - ,,, I s _ f - I M?W(9. ,rrz r 1C.0 `� �°\ �, �` sod shall we h aid" excavation , ``r _ a . G�1 1>z '�' I1 I 1 (( 1 - I '' '-17� MNN 1 \:` �� \' ti`P co a`• . . It ! ; "' � �rK in areas ;.of suspected wrier- , . /ti I N 21 xI(7, E ,I • _•_. _1-. J Y.lt�.GG.l� WM •� �� 5 m ' i" �tq -c, - �, �o \ • ='Otl00'. - it it iw and ...vices. `it I` I it ,- - ' '�'" '�� d ,I (�j) .Z' �j. ? .N I '-' 1 - �.v �: PGtwc% m�2 �-`- x1hT•i �S � �' + _ \ s. 6. 2be i.aalatio. of .11 aster- ., �i 2v FLUSH U1(6- I ;..� ` , ! . . .A.; I : ' L X.t ECG ,�TON4>%C `�jl '� `' I AC904- A \ . • 1. •d gal and products shall .lest all . . -- IA -'A 131 b1M�6lE " 1 1. ,. ' ' -> flAVI� \Gib local fire de rtesat. riNire- , . �} 1 = �} . I., I . , . _ I F}(1 1'o �- .date sad lations. proof.of , o I -3 I - . t �� _ do I. v l A. . which .ball be furnished to the , i -- -- _Xb ,___ - rt3 eft I - .s , is- 'I I I 't firs. iarslull r 'to the _ o I r- � IT- _ . I 1 - UGH o •�. a al _ �: r . ,T..'. x I G� rt. . �' �" atal t f each satsri. . i A la ion o sari s ,, . J `j E pctodnc t J/t ! ?_ - - - W . ID I - _.-_•_.. 7 _ I 09 N rp� �j•p / N f >�,« THRTIFICATI G~ D [ IFI ATIONf{ ` - .II•e - __ .,�1 �•a i - . NAVCE BEM ►R[F'AR[OSSYCORC UNO[R t '' _ ' i - _ THE pINECT1ON OF THE UNDERSIGNED . I �,. / 4, I .. . . .. .__. .. , . ND TO THE •[{T 0/ THE UNDER.; II ,�1 12` Q II I A .. •.! I ���- �-L . ' t" isn• (O . . - I J/ t -SIONICO'S KNOWLEDGE. .INFORMATION I _ t_: rA I - , k t ..._.__.. _..:..._._. ... ._ .. .. . . -,. _ - - - »...._... ,....-._ ...".__...--. -.- .- ....0..,.- ,-._ -" a ' - AN S[LitF MELT TN[ REOUIR M D [ tNTs 2 _ OF THE N[W PORK STATE ENERGY CON- . I Mv N ��% ( I( ( I(, 3 . . SFAVATION CONSTRUCTION COD[. •. y�l�...,-- - t I 1 ' .1 `i't11�IW I�altki. I .' ' . -.."_....." . I -- ;- It - X f�, - ,.,. I . ' , i h��i QI/ -I�ct�G , 8UWAARY OF TOTAL. THERMAL RATING `'_ j . 1 I _ _ _ % J/ �� �� _ ' j , design forethe DutldtRyteA9e looeecomp0l+esrr9tn the•EneryyrCode�' _ __ _ _ _, t, I1- t __ _ � . o . . �' , .- - I ; �. THERfAI.. tABIE : _ a t t%'Ism/ 1f' hG USED . - . . . _ _.. ..... .,�,- . _. . . - . r 3 II 11 A. ROOF/C(ILINGIO . - I L. �/-_� >llt: :�, �►ap►' Te*(2)2-g Q. "w0• Poi'• " . •----- -- ----- -- - - - . _ ,� 1l 1 � . , • ' - - ;� .,. - ' ' � . _ "+ru7, B. NET MAILS �� ". O -4 �i_ _ - _. -' - -r-.... - _'�'-___ .-_. _ " ,. , _. � Y/. - - - � 1 r - L . - _ . C. GUtENG;ndo. - . , .1,t, - I . � . " __ - " Wind- , -0_D._ .5I .-0 to-__ __ �s� _rat 2 , u'v��//_ IIImw%Jw ' D,, FLOORS 4 ..�5 -o �_� ` `' - r - 4, __ -_ t- "0 .'. .. ` � I .. - I • .Well Perimeter --- Feet - M 02. BASEMENT/CELLAR MALLS . ( ,,'�,y _ ✓y.' . . .v�r. - I Exposure Above Grade Frrt - s ! I �•- IAe)('C/ WIIJ Wi'V F, ` wN"`",'U _ ( Ye11 U-Ya lue _.-._- 4 .J (.// d1 N �I ` II Fi{� ` I Depth of ralE U-Value E N �'!F '1'�O II � 161 �i��� Belo. Grade !urns•. fI y I 03. SLAB INSULATION I lilt; Z'(P la,xl(o - 4 Insu aerometer Feet ^` It - Ga'^IG E`.t-�Q - " - +� • ) Insuletton R-Ye lue Nt _, t (4)Zx10Q @� '9 I I • ( . . . - �..t I - ^ I Conditioned Floor Aree Sp. Ft. f - i , • ` _ .1t _ - _ 1�"` - k E. INFILTRAT ON CONTROL .. `-y. �- t\•" -� ! F. SOUTH FACING GLAZING �,e I'I'1k�` I 1 - y South G1ess/Total Glees Percent x Z:4 } - ' _ ' tt�$ siGl.�iPQ'I O F-"L.✓_ - t'-_-- -.-I /'e-� �7 I Co Area/Gross Nall Area Percent A'�A - ' ' _ t' }-- Vli ( _.:-.,la- _j f 1 Conditioned Floor Area Sp, Ft, '`t /"� .-I1,_?I-+l_1.I,_e a I�.-I.4,I-�I^,-Vr)�*n)-,I IA r'� I11��I ,1 le NrP;!1.IRfi�N-11I,,�1,.�I.A7'I IP.:7I f1�kLI.I I I I 2 I_.�1 iZC.I� t Z �rT'S 1 y � A • I 1 a ",1 . _ I , _*I . TOTAL THERMAL RATING }Z 'Ia p�i.V(� �/ 1'. I ��'J 2/tv - ::_,� , - - . : �/INC L--_. - _ ._/ E D T E T I O N I_- I - _ I F 7, � �GIL �-�•- .,..•, _, _ r'�.__ D E S C R I P B Y I.I6�",.I,_& ..1��. ANGELO FRANCIS CORVA s 4, - i _ . . " i St ASSOCIATES, ARCHITECTS ' r I I, Z��-CONG �+fiR6EC� -N_ (yak ( i "- ._!: i Z e Zv I� C/ 1 .� „ I'-�G - c�fi'f-1 I e (IF�Cf��j _ _ it `�ICt -Itil-oltGE� " _ xIDlt - " - - o Sg QUENTIN ROOSEVELT BLVD. . ,� . I _.... --G�tUN�ph '�' l (� _ �Sl�lrV GARDEN CITY, NY 11530 ... w .. . �.. .._ , 4 • " - - �.y�/� botivs*itEO (�J� T �L -' -. ••- ,, ,p�,,� ! ARE AN,-- �/ I>AI'v lk/',140 _ ziOV /f THESE PLANS • - . . 'Vetr .' . _. __. _ . ' Vla\t 1- - . 2)2X(i .. - I-Ir -. , . , " `, INSTRUMENT OF S E R-' ,*. ` o i Tft• .: ,I� rHP(t 4IN&W4 1 VICE 'AND OR THE PROP- ,rL �'Q',,,4N,o;t)4 1� - I , 9 ERTY OF THE ARCHITECT k - d a .a'CU ; r - 7r 10 V ; INFRINGEMENTS WILL BE rs (>Q -`I�DII i 11 '� �iPAc%�--- I P RHO S E C U T E D. - • rl n u �, e'. .rr . I o I - �Q x(0VIUD L' , � _ , PROJECT , . - , - 2 X 11 ., v 4 4 tjI:L �0ti, "' '' N It 61 0 (lf+�/11Lr ~y " � 11 ��11(,[�1 54V t.1' F�p�p� y � ,s,A�„y�'�; � � ,�� '�``�� ' r���/` '`'� r�'I(2),IKla :t�-t4 fj�p �I ►wa/1.. �Cj1'7 IliW�3 !�'.�.. I `'. t . , _ 12 ��4K�tI-iGN'( '� '`�'�'f�• -, tl tt' � bp0061-w915*4,r (t'g(R-30) mat ItE ,{�� , , 1 5 (3J 21K 8t HEPLDEIZ "a «)2><v NCR _s:.. . . : �j) wo<li {�I . - _ -- __.. y - 1 It lH ..�:� A�_ G ... --.. . ' • , 210o . (I��I-+e . 5, t�� ) 9Pt.T tAM 'I,MI: . II -r--- •:-... ,r�,�J TH'�C l,` . __--M1 T�1 TU.i . 2 "t''f� UVI I�OM . . III d 14IP•+e- I tom. -34). ,. DRAWING _._...--.. . ,. itbl:_. Ot•1 - � _ l*/ ` ( ' ,y�E, VNr- :I .�i��i1�i�"n�'tJ* t �� ' _,��_ - - -_ _ -- s • - I (� il�n'H(� OGe / -- DATE DRAWN B Y _ r --_ ".._. _- =a.�Y% .G4MJ�', p 1�d• .Y �!I t� J �/ {�I -1 � t.G ' 101 � " " G _ -�= _ - II � .. fwli� � (� I�t yr I t, e �W M --- N,T't f�' , jI /�N11 it tvt� I� �, -40`�'rs 1 l 1'N �e,v>j ..�. �N i Zlr GiIF 13 ,. ALE Ah C!-IEC BY r - _ _C_. � .,_ _ -- - I 1 SAT r�,A' � 't1� - - d P a F. Iti{�. r' `C �2)'t-4 III. Ssvltic f7 w, r IL1. . , R O J E C T SHEET I ,O - - ! f (Fntwt ►'- J D,ILt. e A►Y.Npl2 .__�f-..x :: >��G6 • - _- �C�� FOR ;o a' .� 3'' 31t v, I ;, I • ., ...�I,.��-�o��I.�L.:...,\i.t�I�1-'-'I.�.tt..1 F�'-11I 1-IL1:I1 V.4Y�_�.,�,�l..�r.-1�1IS-P�.�r.0.0'II4��4I-.III-,I,e.(.,I 1��*I�.'I..I1 I�I�.4 I I IL,�I�.-_-�._�.I,1.L tLI-I.z.+ ,p"i I�-.1 IIK��g.-...I'....I I�f v.1-I1 I.,.I1.I,,..T I�,�.I I--.��-�.�tj-.I_�rI�..._-..I.,.."";P�,--1,��,I...�", r..� 'i Y Th �It P � - . , , - � . A •4'c$. O1 RF p A DRAWING N O. q% .n-���N..�I�I1�r.II'_..:IYl..�11 ,I . I Il _ It - __`r a t"o _( MqT` „fw _5TSIZ,..yC►&I0 tr-i.buo, . ` G�IX,E �w F Rcy'TF i. . - --T - - = == �.__ _ = a G*iC' t .K. _�1 1►f lIt( 21( Ir� hcI+� I�i�u.tom q �� i�0 cap` �� II I _ -, .__ _ ) 11 - I�.1 `bti1P�U, F`j'C�- t-91<0 ') I°1, 9 4:.�I.0�.-',%I I ' - - _. 1-_ _._- `� II 1, -- -- *___, --=1. r e�Ct m G? '�L1C.�il.Ab G! I . _ _ _ �,� -11 _ .� _ .._. �.. - _ 11._.�_._. I w.•,__ _ �__ � 1- ` I�� �/. �. - .., . , __ _ _ - _ . . _ _ __ _---- -- __ . -r __ _ _ _. _ �� 0 � � G � A.J.BLUEPRINTING -W.HEMPSTEAD N.Y. . w - . . . ., i , _ . " i . - . y Ff is ,. a. - _... - - - , r - , i 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY ,' JANUARY 14 , 1988 at the following times : 7 : 35 p .m . Appl . No . 3705 - ARTHUR V . JUNGE for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10 , 1987 , prepared by John A. Grammas & Assoc . Zone District : C-Light Industrial . Location : North Side of C . R. 48 , Cutchogue , NYC County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , containing 45 ,589± sq . ft . in lot area . 7 : 40 p .m. Appl . No . 3697 - WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay . Location of Property : South Side of Midway Road , Southold , NY ; Cedar Beach Park Map No . 90 , Lot 113; County Tax Map District 1000 , Section 90 , Block 2 , Lot 6 . 7 : 45 p .m . Appl . No . 3676 - ANTHONY ROBUSTELLI . (Recessed from December 10 , 1987 as requested ) . 7 : 50 p . m. Appl . No . 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area and width of two parcels proposed in this pending division of land , and establishing insufficient sideyard setback of existing dwelling and accessory storage building on vacant lot (Section 100-32 ) . Location of Property : East Side of Deep Hole Drive , Matti tuck , NY ; County Tax Map Parcel No . 1000- 115- 13-12 . 1 (prev . 11 and 12 ) . Page - 2 - Notice of Hearings Southold Town Board of Appeals January 14 , 1988 Regular Meeting 7: 55 p .m . Appl . No . 3706 - MANFRED E . KUERNER. Variances to the Zoning Ordinance , Articles III , Section 100-31 , and XI , Section 100-119 . 2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback , insufficient total sideyards , excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque . Location of Property : East Side of Carole Road , Southold , NY; County Tax Map Parcel No . 100.0-52-2-3 . 8 :00 p .m. Appl . No . 3652 = 'GUIDO 'AND 'ANNA CIACIA. Variances to the Zoning Ordinance , Article VI , Section 100-61 , Bulk Schedule for approval of insufficient area , width and depth of two parcels in this pending division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road , Greenport. Zone District : B-Light Business . County Tax Map Parcel No . 1000-53-2-20 ; Peconic Bay Estates Lots 178 and part of 177 . 8 : 10 p .m . Appl . No . 3704 = JAMES MESKOURIS . Variances to the Zoning Ordinance , Article III , Section. 100-31 , Bulk Schedule as to excessive lot coverage , and Article XI ,. Section 100-119. 2 as to construction within 100 feet of bulkhead and ordinary high water mark along Long Island Sound , for the proposed construction of open decks attached to existing dwelling. Location of Property : 1400 Sound Beach Drive , Mattituck , NY ; Cpt . Kidd Estates Lot #37 ; County Tax Map Parcel No . 1000-106-1 -35. t8 : 20 p .m . Appl . No . .3698 = THOMAS ZIMMERMAN . Variance to Zoning Ordinance , Article XI , Section 100- 118E for approval of nd to rebuild/rep'air existing nonconforming structure which eds 50% of fair value of same and which exceeds those limita- s of Prior Z. B. A. Appl . No . 3590 rendered March 5 , 1987 . tion of Property: 265 Rochelle Place , Mattituck , NY; County Map Parcel No . 1000- 144-04-09 and 08 , containing . 60± of cre total . 8 : 30 p . m. Appl . No. 3688 � 'ANTHONY 'AND SALLY PIRRERA. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient width (frontage ) of two parcels in this pending division of land . Location of Property : North Side of C. R . 48' (North Road ) , Greenport , NY ; County Tax Map Parcel No . 1000-40-01 -20 , containing a total area of 5 . 20± acres . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14 , 1988 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the con- clusion of the subject hearing . For more information, please call 765-1809. Dated : December 31 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary --------------------------------------------------------------------x ATTENTION NEWSPAPERS : Please publish once , to wit , THURSDAY , JANUARY 7 , 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th . Thank you . ---------------------------------------------------------------- ----x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Date k T) . . . . .. ig XT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 'To . . . . . . . . . . . . . . . . . .Op PLEASE TAKE NOTICE that your application dated . .a.7 . . . . .110 7- - for permit to caratatet . KA . . . . . . . . . c. . . . . . . . . . . . . . . . . . . . . at Q"2L� --�- -, ?- . Location of Property :4.� 5C�:J.24,VA-. . . . . . . . pat�t4.CA, House'No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . Block . . . . jqD.I. . . . . . Lot . .Q .9.. . . . . . . . Subdivision.. . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds X. . . . . . . . . . . . . . . . . . pF rll_ . . . . c,-. Ij . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 (X.j. . . . . . . . . . . . Building Inspector RV 1/80 BOA` ,_) OF. HEALTH . . . . . . 3 'S OF PLANS FORM NO. 1 SURVEY . . . . .. . . . . . TOWN OF SOUTHOLD CHECK . . . . . . . .. . . BUILDING DEPARTMENT S.EPTIC FORM. . . . . . . . . . . . . . TOWN HALL NOTIFY SOUTHOLD, N.Y. 11971 CALL . . . . . . . TEL.: 765-1802 MAIL TO ! Examined . . . . . . . . . . . . . . . . Approved . . .. . . . . . . . . . . . . .. 19 Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date IV I/ 7 . . . . . 19-ff 7 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and.submitted to the Building Inspector, with 3 sets of plans, accurate plot*plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of I layout of property must be drawn on the diagram which is part of this appli- cation. SVP)111fTJ-F1) 1910Q11-T&C7_ 7D 6W(I 1115IJ c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of-Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as.herein described. The applicant agrees to comply with all applicable la3Vs, ordinances,.building code, housing code, and regulations; and to admit authorized inspectors on premises and in building for necessary pection . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . (Signat re f pli7ant, or name, if a corporation) . . . . . . . . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, .electrician, plumber .or builder. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises THO . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a.corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer). ALL CONTRACTOR' S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. Plumber's License No. op./frlj. . . . . . . .. Electrician's License No. VPWWA1_,r. . . . . . . . . . . . Other Trade's License No. . . . . . . . . ... . ... . . . . . . . . 1. Location of land on which proposed work.will be done. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ... . . . . . . . . Z(41 . . . . . . . . . . . . . . . . . . . . . . . . .. . . .,77 . . . . . . . . . . . . . . . . . . . . . . . . . . HOLI.Se Number Street Hamlet County Tax Map No. 1000 Section . . . . . . Block . . . 0.q . . . . . . . . . . . . Lot . . . . . . . . . . . . . . Subdivision . .41A16A. .4949 Filed Map No. . ... . . . . . Lot /-,947-10. . . . . . T(N*a:nmV�e'_)' 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .68/4/41 0 al q6) . . .. . . . . . . . . . . . . . . . . . . . . . . b. Intended use, and occupancy 5A/V C- . . . . . . . . . AgFcpy is T#% .4 7-/,�_L)e_.7.-qP,4.. . . . . . . ,Av'3 -71uv oni�-4cm-) ios S47F1 3. Nafure of work (check which apl: ble): New Building . . . . ... . . . . Add;--- a W- Y_. 7z(/S.� Alteration . . . . . . . . . . Repair PJ/.0 tlk,. . . . Remoi-_ _ . . . . . . . . . . . . . Demolition . . . . . . . . . . Other Work ... . . . . . . . . . . . . . 1. (Description) 4. Estimated Cost . .�. . . . . . . . . . . . . . . . . . . . . . . . Fee . . . �v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling, number of dwelling units . . . . ./. . . . . . . . . . Number of dwelling units on each floor . . . /. , , . , , . , , , , , If garage, number of cars 6. If business, commercial or mixed occu an,�cc 1'� s c�fy toe an xtent of each type of use . . . . . . . . . . . 7. Dimensions of existin structure, ifyan`� Fion . ' `� ) &, � , '� �Gl Y• � i`l" e 3U - .�� Depth �:.Y. . . . . . . . Height .A0. l�. . . . . Number of Stories . . .1'. . . . . . . . . . . . . . . . . . . Dumensions,of same structure with alterations or additions: Front . . .3p*. 31/. . . . . . . . . . . Rear . . 3c) 3 '` Depth .3.7. '. . :�. . . . . . . . . . . . . . Height . . . ,/lam �C1 . . . . . . . . . . . Number of Stories . . ./. . . . . . . . . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . .- �?�. `.' . . . . . . Rear :l . . . . Depth .3 7 Height . . . . . Number of Stories �• . . . . . . . . . . . . . . 9. Size of lot: Front . . . J . . . Rear . . . . .��� . . . . Depth l�E? 10. Date of Purchase �2 .f(.. . . . . . . . . . . . . . . . . . . Name of Former Owner �"/?/3�4=.�. / ?�u^t:/, j� . , , , , 11. Zone or use district in which premises are situated . /�. . ' f/l) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded ... . . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed fro emise Sew No 14. Name of Owner of premises T.;11V ?Cf,',�?'A1V . . . . . Address 'o Name of Architect . . . . . . . . . . . . . Address GtiR `� U Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . : . . . . . . . . . . . . . . Phone No. 15. Is this property located within. 300 feet of .a tidal wetland? *Yes . . . . . No ,. *If yes, Southold Town Trustees Permit may be reyyui ed. PLOT Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from pro lines. Give street and block number or description,according to deed, and show street names and indicate whether ntenor 9r corner lot.. /)Go T- /}LSv SEE /9P0,9 I TEOT- AXW 5 STATE OF NEW YORK, COUNTY OF . .ij/A-S$. S.S . . . . . . . . .#erMJ)S . 17.— • . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant. (Name of individual signing contract) above named. He is the . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . .2.Z��day of. .IV-01, M/3 i°�. . . . ., 19 8.7 Notary Public. . . . . . . . . . . . . . . . . . . ..e S-5/90, . . . . County . . . . . . . . . . . . . . . . . (Signature of applicant) TOWN OF SOUTHOLD, NA4t8kJI16 APPEAL FROM DECISION OF BUILDING INSPECTORDEC O 21987 APPEAL NO. � pQ IN" �UWtON DATE oW 114 Vf'/a.&_. lqg TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) 7&ta2 .5— AN)...(?#Z 1 4& of .v �.E lG.4 ...................... ..... ................. Name of Appellant Street and Number . :................................................... ......-A-Z ...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ................ DATED c�r........................... WHEREBY THE BUILDING INSPECTOR .DENIED TO Name of Applicant for permit ofIE1. ...�: ........ r.�� ! ............... :..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...mrT rl.T.1l ew......... . ..... Street /Hamlet / Use District on Zoning Map District 1000 Secti on /10131 ock Dlf Lotp ...................,.....Current Owner Mop No. � ?(�............................Lot No. /9FZb Pri or 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 quote the Ordinance.) Article 1 Section IN 112E 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE-to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit QXQ request for a variance and was made in Appeal No. .................Dated ....J !�/ �:t:t.jPp..�`��Q.7 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL k :�, ;;` '> Continued 1., STRICT APPLICATION OF, THE ORDINANCEwould produce practical difficulties or unneces- sary-HARDSHIP because 4,45C—/) oN LU)H,97 &/,45 �'E/'�)�E�J CIS%,wo 5 l��'7U E k-pl-i9��&o SAS rry D.e�2 7-0 I605 e S*W o TO At-be, 46Pr-%rrr popve ro c WAS /��UlAa 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity.of this property and in this use..district because 7#67. e06U1)17701V AC - ��Tel� f�/��/YIISE 1J Nt"oE 0U5 U9- i� O/L; ; �Q SrAV6 &M94- 1 �2EiQrr✓,� �/111,0w lot.. A0,4,eS11/00 }iL) /9t-A5A0 y 473 a-) /3 L1 7wE c7jkC ur167AA1 :5 3. The Variance would observe the-' spirit lof the Ordinance and WOULD NOT. CHANGE THE CHARACTER OF THE DISTRICT because I�Le4_L. UJ)LL/jE t O t91Ml�'6C i0 7,4e6 7-0 �fC SAF�Y�/� H&9qj- = STATE OF NEW YORK ) ss &�..... .. : . .. . .. . ......... COUNTY OF N�5'AL) ) ignature Sworn to this .......... .................... day of....�!!!.�.�.���i> . . .................. 19,?/7 Notary Public M1ifiiGARET THERWE BUCXITY NOTARY PUBLIC,State of New York Na S04509040 fn nawau County Commsss�on ExpirOs'March 301.9 TO OF SOUT' OL PROPERTY RECORD CAR® Al _ 7 5. r OWNER STREET VILLAGE DIST. SU�B� LOTS -� FORMER OWNER Ty N E ACRe-Ye . r G !fi p S W TYPE OF BUILDI NQ _ - t 1! IV (/ 1. � RES.-` SEAS. VL FARM COMM. CB. MISC. Mkt. Value 5 -' LAND IMP. TOTAL DATE REMARKS - I 3bg ( p 4( 3 A UlZ e✓LV7 1��U� �{� l oUJ, �� AGE BUILDING CONDITION f//, �� IS-lil>7 C/W / f/ � d/ ¢ 7a cae�g r- NEW NORMAL BELOW ABOVE J FARM Acre Value Per Value Acre - Tillable 1 . Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD , ._! �J House Plot DEPTH BULKHEAD Total I DOCK - = In- ONEENOTM N■■N■■ ■■■■■■■■■■■■■■■■■■■� ...r...,......a.raorw.....o..r..��.rr.rr�.rr '.ro®..uw.�...r.++�.r..•...............r.�w...+n.rw�...., o E �PNoN Ic°dam-_ � 0� t� NS InJ. 0•. N P p,Nc• ,5 +_ y L u� • ti; li�. w 40�� Oq s a, -. gip• �• N• 1.4 dcck�_ PO �\ O co 2 <'O C a p-10 pa 1 C) 4, ` ) It1. Al �b a tea) % a cp , c°G rr �s l \ {p•r vA r! -may ��.' �t, n• Y fin+ ern , .. llur� 0.OU VI o OC CERTIF).rD TO.+ SURVEY FOR TITLE U. S. A. (NSUFIA NCE 1- HO M A S Z I M M ER MAN CORPOfilATION OF NEW YORK AT MATTI UCK TITLE - NO. 8652 54456 TOWN OF S OUTIIOL [� LIBERTY MORTGAG E RANKING LTD: SUFI-*OLI< COUNTY , N. Y THOMAS- ZIMMERMAN 1000 - 144 - 04 _ " 009 SCALE Irr - 40 ' APR. 4 1966 LOT NOS. REFER MAP OF PROPERTY OF' LI DA BARTLEY- FILED IN THE OFFICE OF 'n-tF . SUFFOLK COUN*FY CLERK ON JULY 2 7,19 22 AS MAR N0.77 ��_.OF NFiy�, S�oy,N T. ittTlc^0 r: fill I� N Y.S. LIC . NO. 49618 l---^ prapored In accord ,��`-' _ anco Will' minimum PE- CONIC S U ht 1I� R S & ENGINEERS , P. C . �tcmdai-de for tillo :urvay+ as o►tabll+ha P by ( 516 ) 7 G 5 5 0 2 O tiu) L.I.A.I•.•3, and up{'ruyod and ado led h P. 0. B 0.6 909 iur suc u+a by Tha Now York Slot® Land MAIN ROAD iillo 1.e+ocic�llan. SOUTHOLD ., N.Y. 119'71 THOMAS J. ZIMMERMAN 39 Eric Lane Lakeville Estates New Hyde Park, NY 11040 February 29, 1988 CAIJ e. :, � Mr. Gerald Goehringer, Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, NY 11971 You mentioned in early February that you would look into the wording of the Board' s decision in my case as it is a matter of great concern and that I should give you until February 16. As I have not heard from you I thought that a letter with my thoughts and concerns would be appropriate for you. If I 'm out of line, please let me know as I have no where to turn. The second single family dwelling wood frame house existing prior to extension and repair (471 sq. ft. ) , consisted of a bathroom and laundry room (washer and dryer) , living room, two bedrooms and eat-in kitchen which had a stove, refrigerator and sink. There was a gas hot water system, an outdoor shower and a porch (deck) on the side entrance. Heat was furnished by portable electric heaters,. a kerosene heater and a stationary gas heater. The use was continuous during summer seasons and frequently weekends during the off summer by family, relatives and friends. Utilities consisted of gas, electric, cable and telephone. The extension, which was granted under appeal -#3590 was for a third bedroom, fireplace, extend kitchen and provide for a larger eating area for a total new square footage of 451 sq. ft. A second appeal was necessary to allow for the repair of the old part and a deck which was discussed with the Building Department but not mentioned in the first appeal. Also it was explained that the kitchen cabinets and new appliances were purchased and awaiting installation. The kitchen items were purchased after approval by the zoning board to proceed under appeal #3590. Other than the deck, the existing square footage did not change which was previously allowed. I altered the method of heating from portable space heaters and a kerosene heater to hot air for a more safer environment. We have agreed to use the second single family dwelling only for family, relatives and friends during the season (early spring through late fall) and on weekends, as was stipulated. There is not continuous year round usage allowed. We have also agreed not to rent the second single family house. In addition my job, family and school commitments will not permit usage on more than the above prescribed basis. In other words,. the same living conditions that previously existed are to stay. 2 There also is a clarification required as we discussed that the kitchen cabinets, sink and refrigerator would be permitted but not the stove for cooking. In a recent conversation with the Building Department, Mr. Fisher said that no cooking facilities means the kitchen and cabinets/sink. I would appreciate your advising the Building Department that the Board would permit the installation of the cabinet/sink as these items were paid for and that you did not see a problem with completing the job. I have attached a copy of the invoices for the cabinets and appliances because of the delay. I have voided my 90 day warranty on the appliances and would also incur storage charges on both the cabinets and appliances. If you feel it is necessary and a variance is required I will seek an appeal for cooking use on the premises for we have no means of providing cooking or boiling water with this restriction. We have used the kitchen in the past as pre-existing conditions and were to be allowed to continue after the extension. As we are not permitted to rent and not to use on a year round basis, the intent of the Board is kept intact. As to the pre-existing kitchen, I can provide affidavits from various people who either maintained the appliances - stove, sink and hot water (plumber) , used the kitchen as it was by friends and relatives. The old appliances are currently in the basement - stove, hot water heater, refrigerator. The taking away of the pre-existing cooking facilities causes a severe penalty. I did not get the impression from the Board on the latest appeal #3698 that this area was of concern. If the stove/kitchen was not restricted under the first appeal, I am puzzled as to why cooking has to be eliminated from the dwelling. With the restrictions of not renting, use of by family/relatives and not for continuous daily occupancy other than seasonal/weekends - it maintains the theme of the area. We will sign and swear that the restrictions imposed will be upheld knowing that any violation would cancel the permission granted. There was always a full kitchen there with cabinets, table, stove, sink and refrigerator. A physical inspection can demonstrate their temporary position in the basement. I also dropped off a picture of the stove to the ZBA office for my files. On Wednesday, February 24, I asked Mr. Fisher to speak with you regarding the cooking facility. He interpreted the definition to be the kitchen but I explained that you and I spoke on this matter. Mr. Fisher was to discuss this point with you. The absence of cooking was the intent but the cabinets and appliances would be permitted as they were purchased and awaiting installation and the plumbing and elecrical was reworked to the point of installation since permission was granted under appeal #3590. He wants to stop not only the cooking facility (stove) but also -the kitchen. Please resolve with Mr. Fisher of the Building Department - the intent of the Board to allow completion of the kitchen cabinets and appliances but not to allow cooking. 3 Is there something we can do to allow the cooking facility as previously existed prior to the extension and permitted under the first appeal? With two young children and an elderly handicapped mother, the hardship would be too difficult to continue. I have been honest to the Board and to you throughout the appeals and other conversations we had. The Board and yourself have been very fair and open minded about the circumstances for which we are truly grateful for the time and consideration. As you can appreciate the project has well exceeded budget and the time lost to enjoy can not be recaptured. My mistakes have caused some family pressures and necessary time by the Board for which I am sorry. As I know you are busy, it would be greatly appreciated if this matter could be discussed. I ask your advice and guidance and can be reached mostly any evening after 7:00 p.m. at 516-352-1424. Sincerely, THOMAS MMERMAN TJZ:ls 3 n :� u So th old Town Bo ard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS February •23 , 1988 JOSEPH H. SAWICKI Mr. Thomas J . Zimmerman 39 Eric Lane New Hyde Park ', NY 11040 Re : Appl . No . 3698 (Variance ) Dear Mr. 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 the Building Department for issuance of any permits or other approvals in writing as may be applicable . 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, GERARD P . GOEHRINGER Hand Delivered CHAIRMAN Enclosure Copy of Decision to : Building Department By Linda Kowalski Suffolk. County Planning Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JANUARY 14, 1988 Appl. No 3698 Applicants) THOMAS -Z.IMMERMAN Location of Property: 265 Rochelle Place, Mattituck County Tax Map ID No.:: 1000- 144=.4 9 .and 8 Board Members Present: Chairman Goehringer P. Goehringer Members: Grigonis. and Sawicki. Absent:.. . Members Doyen- and Douglass. Also Preesnt: Victor Lessard (Building Dept. ) , Linda Kowalski , Z.B.A. Secretary 'and approximately persons in the audience. The Chairman opened the hearing at 8:45 o' clock p.m. and read' the notice of hearing and application -for the record. CHAIRMAN GOEHRINGER: I have a copy of an .actual site plan of the , property here including the plan which includes the ad- dition that was previously granted and the existing residence which has been completely renovated. - You should know that this is the second building on the property.-- . And based upon our prior. appeal, which was mentioned in the application which was "the day of March 5, 1987 which the conditions stated that .in granting the appeal, the building in question shall be continued to.:.used by family mem- bers only._and.'_not..be rented or used for income or gainful purposes. And number-- two,- the matter''of r-el'ief..granted .herein is:,limited to 91 square feet. The extenion -of this structure is to be used by family members on a seasonal basis. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. How are you tonight Mr—'Zimmerman? Wouldlyouu like to be heard? MR. ZIMMERMAN: Thank you. :'I 'd like to thank the Board for granting me the opportunity to come .here tonight. Basically what I guess every thing is really explained in the letter.:_ jBut in going through. this again, the replacing .of the exis.ting,-structure which I guess is the main concern. Again, since I didn't think I was going beyond what was necessarily required permission, I did replace it and did use the materials and kept the same theme which the house previously is. It' is really the same in terms of where the rooms are located and the house was originally constructed. And that 's why I proceeded to do that and I did have the Building Department come over and in- spect it. They originally didn't have a problem with what was done. But then they discovered" that the part I did, because I guess I was under the appeal, had to have a further permit and also an appeal by Paae 2 - January 14; `988 , *,:PUitIC HEARING T1 ._t-jas Zimmerman Southold Town Board of :Appeals. MR. ZIMMERMAN (continued) by the Board And the other thing was definitely no desire on my part which is my fault. And. .that is.;,: that when I. submitted my second -plans to -the ,Building Department at the beginning of the day, I did not follow''.through that in my appeal to the Board at the time. I lost sight of that because my concentration was ba- sically on the extension -of the house. And when . I obviously com pleted that, they made note of that to me that I would require to have an appeal done in order for me to. -(:I guess) conclude the work of the house . that's basically been repaired up to the point of where I was allowed to ( thought. I .was allowed) go by .the Building Depart- ment and that is to have the structure..:approved and the be able to finish ,-up with the:' insulation ,and the sheetrock. I, of course, went through with my wife and we did buy the appliances and. the cabinets that were required in the kitchen which I: (of course) accepted to take which I 've been holding back the .last couple of months pending this- hearing because of the fact that I will own those appliances and cabinets as soon as they can deliver them to my place that 's. there. CHAIRMAN .GOEHRINGER My only question is; . when I was in the struc- ture that is very tastefully done by the way, did you have to re- place the. entire foundation on the east side? Or was that original- ly there? MR. ZIMMERMAN: On the . east side there were parts that were. there and there were parts that were -not there and the structure in itself, did not warrant to be able (as. I was:-building it because I did the work myself) to support what I was trying to accomplish. And there fore, I felt if I didn't do it then; I would probably have to do it later on which would be a greater cost to have that thing constructed if it was to collapse or ravicate in .. some fashion. CHAIRMAN GOEHRINGER: Apart from the original footprint which is the same I assume, did you have to replace all the floor beams and every- thing in that particular area? MR. ZIMMERMAN: By the time I got done, I started doing one piece at a time and it was to a point. where I just had to keep raising and lowering to try and keep the structure the same. And so therefore, I thought it less costly to do it then while I had that chance be- cause the beams, the floor joints were rotted out. There was signs of termites, And because it was built so low to the ground, I guess over the years unbenoticed to me at the time I bought the property, that it uiouldn't pay to just leave it- that way. I had to replace it. CHAIRMAN GOEHRINGER: Ok. I thank you very much. JKe'll see what' , else develops. Is there anybody else who. would like to speak in favor of this application? - Anybody like_ to 'speak against the appli. cation? Questions from Board members? Hearing no further questions, I 11 make a motion reserving decision until later. I thank you very. _ much for coming in. All in favor - AYE. L BY y,��y 0, J—"A-K - .. COUNTY OF SUFFOLK S{ PATRICK G. HALPING C � ° r. SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING March 1, 1988 Town of Southold Zoning Board of Appeals Applicant: Thomas Zimmerman Mun. File No. : #3698 S.C.P.D. File No. : SD-88-9 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: The subject dwelling should be encumbered by appropriate seasonal/ non-rental use restrictions. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 22-LH-1:12/87cs i ff Southold TownD'Oard of Appeil ls W . 5 MAIN ROAD - STATE ROAD 25 1 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 I APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 1 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Xx Variance from the Zoning Code , Article XI , Section 110-118 (F) . and Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit XX Request for Relief of Z.B.A. Conditions under Appl. No. 3590 rendered March 5 , 1987 Appeal No . : 3698 Applicant : Mr. and Mrs. Thomas J. Zimmerman Location of Affected Land : 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 XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . approval of COMMENTS: Applicant is requesting :92RMiARARR :kia 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 Copies of Town file and related documents enclosed for your review. Dated : February 26 , 1988 - 2 - 2(g) Does not apply. 2(h) Article XIV, Sect 100-143 3(a) The property owners are the same as was known under Appeal 3590 3(b) Have sent one copy of Notice Form to the three owners on Monday, November 30, 1987, by Certified Mail, with return receipt requested. In addition, I spoke to each of the above by telephone. 3(c) Notice. form with postmarked Certified Receipts attached 4. Short Environmental Assessment Form is completed, signed and attached. Filled out the same as submitted under previous appeal. 5. ZBA Questionaire completed, signed and attached. 6. Does not apply. 7. Does not apply. 8. Certificate of Occupancy is attached. 9. Survey - four copies 10(a,�)`� Architect plan attached, revised plan reflecting 923 ems' square feet of actual building and 105 square feet of deck 10(b) Copy of current deed attached. 11. $150.00 filing fee enclosed. 12. Does not apply. November 25, 1987 Mr. Gerard P. Goehringer, Chairman Southhold Town Board of Appeals Dear Mr. Goehringer After receiving the attached notice, I called the Building Department and spoke to Mr. Lissard concerning the contents of the letter. He suggested that I write to the Board and explain my situation and perhaps get direction from the Board. I am, therefore, following this advice with explanation. As you are aware, I was given authorization by the Board of Appeals to extend my second house beyond the 500 of existing structure to add a bedroom, eating area, fireplace, deck and extend the kitchen. After putting in the foundation to support this extension and its approval by the Building Department, I proceeded to build the addition according to the plan. In the process of cutting back on the existing building in order to tie into the support of the addition, it was discovered that the roof rafters were rotted and not properly supporting; therefore, I could not utilize this roof. There were also gaps in the roof boards and showed signs of decay. Upon taking down the existing sheetrock and insulation, it was discovered that wood was also infested with termites as was the flooring and joists under the floor tile. The electrical wiring was old and appeared unsafe. I proceeded with the help of a handyman to replace the deteriorated sections with new wood. I kept the same conforming structure of the existing frame and the size of the rooms within. I could not see extending the existing structure and having serious support problems later on. I thought as long as I kept the same size that I was within the plan because I did not increase the footage of the building. I did not know that I needed a permit to replace what was pre-existing. I have a set - a - of architectural plans. This process took long hours to complete. I then had the entire building vinyl sided again conforming to color scheme previously there. I then called the. Building Department for an inspection of the. framing and plumbing when I was informed of the violation. Although the deck was not the subject matter of the original appeal , it was part of the plan, and should be mentioned. During the course of renovating the existing structure and the approved extension, I showed my neighbors what was being done and why I was replacing the framework of the existing structure. Because of the existing problems, I have suffered financial expenditures way beyond the budget in order to rectify a poor structure. If I realized this was going to be a problem before I started, I would have decided against doing the extension. I 'm also obligated to complete payments for work and materials which can' t be cancelled. Kitchen cabinets and appliances are on order and scheduled for delivery in December with non-cancelable deposits. As before, I have agreed to use this second house for my family, relatives and friends and will not rent for profit. The building outline is the same as before and within the conformity of the existing building. Since I did not change the existing structure but rather replaced that which needed fixing, I thought I was doing the right thing. If I needed a building permit or permission from the Board, I would have done so at the time. I would not want to do anything wrong. I like this town very much and always dreamed of being able to have a place in. Mattituck for our children and family to enjoy. I realize that I ' ve created a problem in trying to make a safe structure. I appeal to the Board to please understand my intent and to grant my hardship which was created in error. My neighbors are aware of the problem, inspected the building and how I kept the structure the same. I have not created anything out of context. We intend to use this dwelling as agreed to the Board. As I have 3 - to struggle financially to make the structure correct, I would like to get the project done. I have the insulation and sheetrock to finish. I am available for any questions and would appreciate your reviewing the above facts and granting the variance required and the opportunity to complete the final stages . In order to remedy the violation, I need your help in granting me the relief necessary to overcome my hardship. Thank you for your consideration in taking the time out of your busy schedule to review my problem. I await your decision so that I can remedy the violation notice. I can be reached during the day at 516-794-3355 and after 7 :00 P.M. at 516-352-1424. Again, I sincerely thank you for your help in the above matter. Sincerely, THOMAS J. Z ERMAN I' Southold Town Board of A eals.'.,'.. v • PP MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y-. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 14, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination .bf Non-Significance APPEAL NO. : 3698 PROJECT NAME: THOMAS' 'Z'IMMERMAN -- 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._e.ffect 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 kX]. Unlisted [ ] ..DESCRIPTION OF ACTION:ApproVal 'of deck and ,to rebuild/repair existing nonconfroming structure which exceeds 50% of fair value of same and which exceeds limitations of Prior Z.B.A. Appl. No. 3590 rendered March 5-1• 1987 LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 265 Rochelle Plac.e, Mattituck, NY - 1000-144-4-9 and 8 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) Construction proposed is landward 'of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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: me COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . ... . . . . weeks successively, commencing on the . . . . . . . . . . 7. . . . . . . . . . day of . . . . . ., 19 . . . . . Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of 19 .��. . . . . . . . . . . . . . . . . . . --.y . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires` 73/ 19 Pd" NCXfICE OF HEARXNGS ; 7 53 f+, AppC,NA 37Q6 _ 20"p.m APPE< No 3b98 (_ ASP l l� E KU I�EIi fiH+E]MAS "ZV MERMAN NOTICE ISREgX GIV a o Ur Vanance tat a rung r B1�T,pursuant toLSectiQn�b7.o = r � t`; � 'fiction ` dinance, ii ection the Tvt�Lv.liid the Co¢G of �tj ' oirc►n 7o0 - 18E for=npproya of deck the Town of Southold, the fl fdr perrq%sidnYo tittri and 'to relLildlparr rlrpg fallowing hearings wrll be hefd strue additions ttv existing . nonconfoirnung s�truetgre ivtuch lty the SOLiTH4LD 'PO�VIit " dwelllifsg with a rLdUoi souther _ r weeds 5©�lo a fai5 vliie of ly s�de_yatd setback, s inufficient same and which ezreeds dose _ tit�t►eSouthold � fatal �ufeyatidst excessrve lot 1lmttatx►ns �f Prror, ;�„B.A s"Ibwri' �H r coverage' =�► lnsuffiFI >I+ia SlLfxendeirocl l�oiid'r � 1 .r t :t e 5 -� - v Southold, on, ) D Y, czenf-setback from<bulkhead.:.. g, lll$'1` atibn o 't'Wity JANUAR>4' along "Otd>Cove''t at Ar 165`Rochelte Place,;Matti tuck g tierce shamomaquc;Location of Pro- NY,County Tax Map Parse No. 7 35 F m A ppi No 3705- perty-East Side 4paiole Road, 100044. 449-09 and 08,contain- ATHt7R ' JUNQE for :a Southold,I�TIt County Tax Map ing 60f of_an Ackd total' 1 prdinanee,A�ficle VIII,Section 8 00 p m 'AppL No 3652 _ 8.30 p m .Al Igo 3-_ 100-8_ B for GUIDO AND ANNA"CIACIA.. 0O Permission to A NTHONY AND 5ALL'Y PIR- �' establish electrical shop use slid ananZes fti;the Zoning Or- rR _ anance tote sing... constrict two btnldlhgs located 4 durance, Article VI_ Section prdraaace, Article III,section as al►osvtt on.Silk Flan d 10f�b1, lulthedate for aP 1QP3 . Bulk Schedule, Cor gip- Preparedi' r= preval ut' insufficient area, = $tov of ittsuffit[ent �►nclth John °A Grntmas::8c Assoc. width,a nd depth of two parcels (frortagej ofYwo petrels ui true Zane _District. C Light In- m this p d of land., pending division of Land Loca=. dustrial LoeaUon North Side located at the:corner of the East lion o Property Noah Side of Sfide':of Kerwin Boulevard-.and_ C R; 4g orth Road), Giffin of C_R 48, 'Cutchogue, NY, (N . County Tax.Map District 1000; .. the South Side oI Iviafin Road, , NY Count Tax Ma tag Lot;9 can= _ a Greenport Zone Distnct -H Port,: Y P taming 45,S8 .t`sq ft m lot Iagh Business County 'Iax ,. Parcel No.100#)-9Q-Q1,�0, con area. v - = Map I�dreel No 1000 53 2 20, :. taming� tofat area of 5.20t a 7 40 p m. ApPI No 5697- " Pecans Iq fates dots 178; acts WILI:IAM =AND '_PAUI:A - and'part of 17? The Board of Appeals will s for a Variance to the 5;10 A rfifi APPI 'No 3?04 hear at safidtune and place all, _ t�►irc. atF o, At 7 7N rnwrrsw ..s.�n �m.i. i.� . icttoo lOD-lil.�for pertnissrori Varia4cea to a n}n� , r Ing to be hgard 1p Bch of the to reconstruct hnd_extend porch ditiance, Article IiI Secgon abtrve ma€ters Mach oeanng will . withfiii ?5 £eel of S$iouafi[yik.ihh; Sidaet io0f i Moifd a<ye xRficsoatads, s7c1ic0Is0,s-icS3vte1e,o tnBol uwli E1fi tISltuc1hn1e 19da u0l6ea laftse et ot eonxf ing dAc -_, sntsefiuoodbtn fin sWotafnr Ztth tbe6 tetarf ocibtoxjm6 tcmhat eh et n6t aitosfnn cmao aanylcl olbute ltvgn le h Ltla Pe ttedro l rop6f,ny Lc truo ng krw Sofitihotd, NYC Cedaz�$each t; bulkhead and ordinary high _ more;firfifcnfitiptt, pl�se call Park itlap l�fa 9E), of 1I3; - wale%;mark along I.6ng Island ?651 '}s ' G ; Sound, for,t p proposed .con Dated I tuber 3l i987 County Tax tvtaptDfistr ct 1000, struction of open docks attach BV DRT�ER:U TEE ,Seclfiorfi 90, Block�, Lot K gm Appt Ncr 36?tr ed to ex�shng dweWng I�tion SOItT 'HOLD TOWN AI+IT OBUSmLLI. of Property 140Q Sound Beach BOARD OF APPEALS (Rered mRi Deceturcr i0, M4ttifuck, IVY,"rapt. : GERRD P (3OEI$tINGER,. 1Q87,ns requested) " I dd Estates LA Igo 37-Coun ;= 7 50 P fits Appl.I+Io 368I- ty Fast Map Parcel No: LtadaKowMaiski,. bNX AND,ANGEL A i_000=10b-1 35_ Board Secretary IT if 7/88(2) Variances to tho Zon=,�. _ _ - _ .... ... - � trig � a#fice,Afi�ficle III„Sec- r tfiaittQ-31,#3ullc Scdnle,for approval df utsuffia"rtarea and width of twa;parcels:proposed fin this>pendfing th,jsion of an � atirl .cstablfistufig inaufficfient_ stdeystd setback of existing dwelling and acc age bwlding on vacant lot°ISP,ctJ.on. I00,32) ,Location of: toperty: Easf 5►de of.Deep Hole"_Drive, Mattituck, NY, County; .Tax Map'I rcel No 1000=f'5 13 12:1 i (prev.il and..12) _ f tion 100-31, Bulk Schedule, for Location_ of -Property: 1400 I Legal Notices approval of insufficient area and Sound Beach Drive, Mattituck, width of two parcels proposed in NY;Cpt.Kidd Estates Lot#37; this pending division of land, County Tax Map Parcel No. K and establishing insufficient, 1000-106-1-35. NOTICE OF HEARINGS sideyard setback of existing :20 p.m. Appl. No. '3698 — . ) SS: NOTICE " IS HEREBY dwelling and accessory storage THOMAS ZIMMERMAN. GIVEN,pursuant to Section 267 building on vacant lot (Section Variance to the Zoning Ordi- f LK of the Town Law and the Code of 100-32). Location of Property: nance,-Article XI, Sectiok 100- the Town of Southold,the follow- East Side of Deep Hole Drive, 118E for approval of deck and to I p ing hearings will be held by.the Mattituck,NY,County Tax Map rebuild/repair existing nonco - OTl tell t0 of Greenport, i' / SOUTHOLD TOWN BOARD Parcel No. 1000-11513-12.1 forming structure which excee s �dul sworn, says that he/shy IS OF APPEALS at a Regular (prev.11 and 12). 50% of fair value of same an y y Meeting at the Southold Town 7:55 p.m. Appl. No. 3706 — which exceeds those limitatio 1HE SUFFOLK TIMES, a Weekly Hall,Main Road,Southold,New MANFRED E. KUERNER. of Prior Z.B.A. Appl. No. 359 York, on THURSDAY,-JANU- Variances to the Zoning Ordi- rendered March 5, 1987. Loc - hod at Greenport, in the Town ARY 14, 1988 at the following nance, Articles III,Section-100- tion of Property: 265 Rochell :ty of Suffolk and State of New times: 31,and XI,Section 100-119.2 for Place, Mattituck, NY; Count 7:35 p.m. Appl. No. 3705 - permission to construct addi- Tax Map Parcel No. 1000-144 (Notice of which the annexed is ARTHUR V. JUNGE for a tions to existing dwelling with a 04-09 and 08,containing.60± o is been regularly published in Special Exception to the Zoning reduced southerly sideyard set- an acre total. 1 I Ordinance,Article VIII,Section back, insufficient -total 8:30 p.m. Appl. No. 3688 — once each week f o r 100-80(B) for permission to es- sideyards,excessive lot coverage . ANTHONY AND SALLY 7 tablish electrical shop use and and with an insufficient setback PIRRERA. Variance to the Y, commencing on the construct two buildings located from bulkhead along."Old Cove" Zoning Ordinance, Article III, lua ry 19 8 8 . as shown on Site Plan dated at Arshamomaque. Location of Section 100-31„.4plieSchedule, March 10, 1987,_ prepared by Property: East Side of Carole for approval of insufficient width �f , John A.Grammas&Assoc.Zone Road,Southold,NY;County Tax' (frontage) of two parcels in this, / //L District: C-Light Industrial. Lo- Map Parcel No.1000-52-2-3. pending division of land. Loca- �r�/ cation: North Side of C.R. 48, 8:00 p.m. Appl. No. 3652 — tiorf of Property:.North Side of �F k* Cutchogue, NY, County Tax GUIDO AND ANNA CIACIA. C.R. 48 (North Road), Green- Ma District 1000, Section 96, Variances to the Zoning Ordi- Principal Clerk p g port,NY;County Tax Map Par- Block 1, Lot 19, containing nance, Article VI, Section 100- cel No. 1000-40-01-20, contain- 45,589±sq.ft_in lot area. 61, Bulk Schedule for approval ing a total area of 5.20±acres. 7:40 p.m. Appl. No. 3697 — of insufficient area, width and The Board of Appeals will a this WILLIAM AND PAULA depth of two parcels in this pend- hear at said time and place`all 19D5 TUITE for a Variance to the ing division of land located at persons or representatives desir- {� Zoning Ordinance, Article XI, the corner of the East Side of ing to be heard in each of the ��Qo�g� pN y,, Section 100-119.2 for permission Kerwin Boulevard and the above matters. Each hearing �ilDl to tatll ol�IVeV�1(Ipr � to reconstruct and extend porch South Side of Main Road,Green- will not start before the time al- 6Uff01k;60unty No.4849860 within 75 feet of existing bul- port.Zone District:B-Light Bus- lotted. Written comments may Term U6iies Februar�IWY; L khead along Little Peconic-Bay. iness. County Tax Map Parcel be submitted prior to the conclu- Location of Property:South Side No. 1000-53-2-20; Peconic Bay sion of the subject hearing.,For of Midway Road, Southold", NY; Estates Lots 178 and part of 177. more information, please call Cedar Beach Park Map No. 90, 8:10 p.m. Appl. No. 3704 — 765-1809. Lot 113; County Tax Map Dis- JAMES MESKOURIS. Vari- Dated:December 31,1987. trict 1000, Section 90, Block 2, ances to the Zoning Ordinance, BY ORDER OF THE Lot 6. Article III,Section 100-31,Bulk SOUTHOLD TOWN 7:45 p.m. Appl. No. 3676 — Schedule as to excessive lot. BOARD OF APPEALS ANTHONY ROBUSTELLI. coverage,and Article XI,Section GERARD P.GOEHRINGER; (Recessed rrom December 10, -100-119.2 as to construction CHAIRMAN 1987 as requested). within 100 feet of bulkhead and Linda Kowalski, 7:50 p.m. Appl. No. 3681 — ordinary high water mark along Board Secretary ANTHONY AND ANGELA Long Island Sound,for the prop- 5803-1TJ7 LEONE. Variances to the_Zon- osed construction of open decks ;ing-Ordinance,--Article_III,.Sec- -3: 'attached-.to-existing"-dwelling: `— F®t°( 5 � � ' ; r F Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 th:e„ Legal Notice . If. you have any questions , please feel free to call our office , 765-1809 . Yours very tr 1 G1=RARID P . G0EHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure 7 0 . November 25, 1987 � ff �113 6 �7 Mr. Gerard P. Goehringer, Chairman' '' .act U-rieC�t�.LmL�tJ Southhold Town Board of Appeals Dear Mr. Goehringer After receiving the attached notice, I called the Building Department and spoke to Mr. Dissard concerning the contents of the letter. He suggested that I write to the Board and explain my situation and perhaps get direction from the Board. I am, therefore, following this advice with explanation. As you are aware, I was given authorization by the Board of Appeals to extend my second house beyond the 50% of existing structure to add a bedroom, eating area, fireplace, deck and extend the kitchen. After putting in the foundation to support this extension and its approval by the Building Department, I proceeded to build the addition according to the plan. In the process of cutting back on the existing building in order to tie into the support of the addition, it was discovered that the roof rafters were rotted and not properly supporting; therefore, I could not utilize this roof. There were also gaps in the roof boards and showed signs of decay. Upon taking down the existing sheetrock and insulation, it was discovered that wood was also infested. with termites as was the flooring and joists under the floor tile. The electrical wiring was old and appeared unsafe. I proceeded with the help of a handyman to replace the deteriorated sections with new wood. I kept the same conforming structure of the existing frame and the size of the rooms within. I could not see extending the 'existing structure and having serious support problems later on. I thought as long as I kept the same size that I was within the plan because I did not increase the footage of the building. I did not know that I needed a permit to replace what was pre-existing. I have a set • - 2 - of architectural plans. This process took long hours to complete. I then had the entire building vinyl sided again conforming to color scheme previously there. I then called the Building Department for an inspection of the framing and plumbing when I was informed of the violation. Although the deck was not the subject matter of the original appeal, it was part of the plan, and should be mentioned. During the course of renovating the existing structure and the approved extension, I showed my neighbors what . was being done and why I was replacing the framework of the existing Structure. Because of the existing problems, I have suffered financial expenditures way beyond the budget in order to rectify a poor structure. If I realized this was going to be a problem before I started, I would have decided against doing the extension. I 'm also obligated to complete payments for work and materials which can' t be cancelled. Kitchen cabinets and appliances are on order and scheduled for delivery in December with non-cancelable deposits. As before, I have agreed to use this second house for my family, relatives and friends •and will not rent for profit. The building outline is the - same as before and within the conformity of the existing building. Since I did not change the existing structure but rather replaced that which needed fixing, I thought I was doing the right thing. If I needed a building permit or permission from the Board, I would have done so at the time. I would not want to do anything wrong. I like this town very much and always dreamed of being able to have a place in Mattituck for our children and family to enjoy. I realize that I 've created a problem in trying to make a safe structure. I appeal to the Board to please understand my intent and to grant my hardship which was created in error. My neighbors are aware of the problem, inspected the building and how I kept the structure the same. I have not created anything out of context. We intend to use this dwelling as agreed to the Board. As I have 3' - to struggle financially to make the structure correct, I would like to get the project done. I have the insulation and sheetrock to finish. I am available for any questions and would appreciate your reviewing the above facts and granting the variance required and the opportunity to complete the final stages. In order to remedy the violation, I need your help in granting me the relief necessary to overcome my hardship. Thank you Lor your consideration in taking the time .out of your busy schedule to review my problem. I await your decision so that I can remedy the violation notice. I can be reached during the day at 516-794-3355 and after 7 :00 P.M. at 516-352-1424. Again, I sincerely thank you for your help in the above matter. Sincerely, ?ZERMAN THOMAS J. FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ......N.°V......2.3 19.8.7... THOMAS J . ZIMMERMAN (owner or authorized agent of owner) 39 ERIC LANE , NEW HYDE PARK , N .Y . ................................................................................. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ............................................ Other Applicable Laws, Ordinances-or Regulations Art XIV 100- 1 18E ............................................ of premises hereinafter described in that .You will have to go to the Board ............................................................................. (state character of violation) of Appeals , due to the fact that you have improved a non-conform- .................................................................................................................................................................. ing building more than the Board of Appeals allowed: ................. ............................................................... in violation of ., ART ., XIV Sect . 100- 143 .................................................................................................................. (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the loth conditions above mentioned forthwith on or before the ...................................................................... day of ......,December 87 ..................................... .. 19........ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 265 Rochelle Plaza: Mattituck County of Suffolk, New York. TAX MAP # 144-04-09 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Building Inspector m STI;)t,1C'TU1,P O/U FT 191 Z791) Sa Fl- "'u6"&'pAPPCh C�C., fd- zj /0 o D �r? lyotlo q ��. LZ zn 4. io t - � •:-• �,, ..� ^y 9 ^�r ?fL > T-ei" 3.• 'K{ -'tom r � r f "5• .f a•.�*'•1 f a 'f,'.f .sue ,�z��`y �,.��s �f ,7�•-'•z�r ��i�.��.,�. `w� r.e,t:.._�5�.��..t�, November 30, 1987 Zoning Board of Appeals Town of Southold Town Hall Main Road S.R. 25 Southold, NY 11971 Re: Matter of Petition Thomas J. Zimmerman and Catherine N. Zimmerman For location of property at 265 Rochelle Place Mattituck, NY 11952 Sec. 144, Block 04, Lot 09 Gentlemen: 1. Enclosed 2 (a) Permission or Relief Requested I hereby seek permission to allow the replacement of the pre-existing structure which had to be done during the construction of the extension allowed under Appeal 3590 (Variance) and a deck (7 'xl5 ' ) , submitted to Building De- partment but not included in discussion with Board of Appeals, to a one-story, single family wood dwelling. The additional 105 square feet would show a total of 1028 square feet. I have attached a copy of the letter (dated November 25, 1987) submitted to the Board. 2 (b) Location of Property Street - Rochelle Place Hamlet - Salt Lake Village Subdivision - None County ID number - Section 144, Block 4, Lot 9 2(c) Zoning .District A - Residential 2(d) .Current Property Owners Thomas J. and Catherine N. Zimmerman 265 Rochelle Place Mattituck, NY 2 (e) Form ZB1 (attached) 2( f) Does not apply a/ TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD- OF APPEALS RLGUUAR MEETING OF THURSDAY, JANUARY 14, 1988 Appl. No. : 3698 Applicant(s) : THOMAS . ZIMMERMAN Location of Property: 265 Rochelle Place, Ma.ttituck County Tax Map ID No. : 1000- 144..4 . - 9 and 8 Board Members Present: Chairman Goehringer P. Goehringer. Members: Grigonis and Sawicki . Absent: Members Doyen and Douglass. Also Preeent: Victor Lessard (Building Dept . ) , Linda Kowalski, Z .B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing. at 8:45 o ' clock p.m. and read the notice of hearing and application -for the record. CHAIRMAN GOEHRINGER: I have a copy of an actual site plan of the property here including the plan which includes the ad- dition that was previously granted and the existing residence which has been completely renovated. You should know that this is the second building on the property. And based upon our prior appeal, which was mentioned in the application which was the day of March 5, 1987 which the conditions stated that in granting the appeal, the building in question shall be continued to used by family mem- bers only and not. be- rented or used for income or gainful purposes. And number two, the matter of relief granted herein is .limited to 91 square feet. The extension of this structure is to be used by family members on a seasonal .basis. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. How are you tonight Mr. _ Zimmerman? Wouldl.you like to be heard? MR. ZIMMERMAN: Thank you. I 'd like to thank the Board for granting me the opportunity to come here tonight. Basically what I guess every thing is really explained in the letter.. But in going through this again, the replacing of the existing structure which I guess is the main concern. Again since I didn 't think I was going beyond what was necessarily required permission, I did replace it and did use the materials and kept the same theme which the house previously is. It is really the same in terms of where the rooms are located and the house was originally constructed. And that 's why I proceeded to do that and I did have the Building Department come over and in- spect it. They originally didn't have a problem with what was done. But then they discovered that the part I did, because I guess I' wa.s under the appeal, had to have a further permit and also an appeal by 2 - 3alrivary 14, 1! LIC HEARING - Thom&. Zimmerman outhold Town Board of Appeals r ' MR. ZIMMERMAN (continued) : by the Board. And the other thing was definitely no desire on my part which is my fault. And. that .is.; that when I submitted my second ,plans to the Building Department at the beginning of the day, I did not . follow;'through that in my appeal to the Board at the time. I lost sight of that because my concentration was ba- sically on the extension of the house. And when I obviously com-. pleted that, they made note of that to me that I would require to have an appeal done- in order for me to (I guess) conclude the work of the house that's basically been repaired up to the- point of where I was allowed to ( thought I was allowed) go by the Building Depart- ment and that is to have the structure approved and the be able to finish up with the.' nsulation and the sheetrock. I, of course, went through with my wife and we did buy the appliances and the cabinets that were required in the kitchen which I. (of course) accepted to take which I 've been holding back the last couple of months pending this hearing because of the fact that I will own those appliances and cabinets as soon as they can deliver them to my place that's there. CHAIRMAN GOEHRINGER: My only question is; when I was in the struc- ture that is very tastefully done by the way, did you have to re- place the entire foundation on the east side? Or was that original- ly there? MR. ZIMMERMAN: On the east side there were parts that were there and there were parts that were not there and the structure in itself, did not warrant to be able (as I was.'building it because I did the work myself) to support what I was trying ,to accomplish. And there- fore, I felt if I didn't do it then, I would probably have to -do it later on which would be a greater cost to have that thing constructed if it was to collapse or ravicate in some fashion. CHAIRMAN GOEHRINGER: Apart from the original footprint which is the same I assume, did you have to replace all the floor beams and every- thing in that particular area? MR. ZIMMERMAN: By the time I got done, I started doing one piece at a time and it was to a point where I just had to keep raising and lowering to try and keep the structure the same. And so therefore, I thought it less costly to do it then while I had that chance be- cause the beams, the floor joints were rotted out. There was signs of termites. And because it was built so low to the ground, I guess over the years unbenoticed to me at the time I bought the property, that it wouldn't pay to just leave it that way. I had to replace it. CHAIRMAN GOEHRINGER: Ok. I thank you very much. JWe'll see what else develops. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the appli- cation? Questions from Board members? Hearing no further questions, I 'll make a motion reserving decision until later. I thank you very much for coming in. All in favor - AYE. BY p�I r 'A BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of TNomAS �h�u477�E,PirVE .�i�irl �2in�}/1� NOTICE to the Board of Appeals'of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ThatiListhe 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: JLP_ O.hl� ,e nLs1�(fl.YO4_1 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: A1_Z6lrh3,24r 6'_ P-�P ��o� PD.E�zfsr�iU� sv /iCTtrAW y r© DO &-)(L5 _5W wink_ GkA)os7Ub ON—ba N Z4. 1-1 E��/�t/z✓p�'�2 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XJ L/ Section lOb -f/S C [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may.then and there . examine the same during regular office hours. (516) 7�5-1809. 7. That.before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be'published at least five days.prior to the date of such hearing in the'Suffolk Times and in the.Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold arid designated for the publication of such notices;that you or your representative have the right to appear'and be heard at such hearing. Dated Petitioner Owners ' Names : I&L4A51 CA27iF ��J�c 71jb/�Jc Post Office Address Tel . No . ( SW- ) 3SZ_/i6.Zd Qu6Sr/,wj, P[EB66- cAuG ME 02 L irt��i9 /Co�i/A LSK 1 cam/�) 7�S/FO 9 [Copy of sketch or plan showing proposal to be attached fo-r- c.onvenience purposes . ] A PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS isblT* Mvb 14pan OK #wShu ��AN $NZ 20AC- 4C-16m 'v 5A[.r 4*4C- G*Ml;_ �'•/,�i5�7rTJ��1C A1y _ 4 STATE OF NEW YORK ) ss:: COUNTY OFSUFFOLK) 1—fiallA5 J_ .7->MAIRR- AAA residing at GI 621 C'y: ZAA/9 1I1 JA/ O/�C //0 , being duly sworn, deposes and says-that on the, _/4 ay of ,.19 $ , deponent mailed a'true copy of,the.Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at G- g2 ; that said Notices were mailed to each of said persons by certified egistered) mail Sworn to before me this day of & = , 19 �i Notary Public MARGARET T"rMRFc, 9L r, Cy NO'11ARY PUBLIC,State of New York • NO. MiSS08040 Qua os=how InHa so.I V (This side does not have to be completed on form transmitted to adjoining property .owners.. ) FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ......Nov.......................................... 19...�... THOMAS J . ZIMMERMAN TO .......................................................................... (owner or authorized agent of .owner) 39 ERIC LANE , NEW HYDE PARK , N .Y . ............................................................................. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ............................................ Other Applicable Laws, Ordinances-or Regulations Art XI.. 100— 1 18E ............................................ at premises'hereinafter described in that ,You will have to go to the Board .......................................................................... (state character of violation) of Appeals , due to the fact that you have improved a non—conform— .................................................................................. ..... ......................................... ing building more than the Board pp ea of..Al.s allowed ART.; XIV Sect . 100— 14 3 in violation of ... .................. ................................................................................................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ...........loth ........................................................... December 19 87 dayof .................................................... .. ....... The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 265 Rochelle Plaza, Mattituck , County of Suffolk, New York. TAX MAP .# 144-04-09 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable .by fine or imprisonment or both. Building Inspector SHORT ENVU0111•IE1TAI, i'Q104 7NSTROCTIONSt (n) , In order to answer the quontiona Ili thia nhurt EAV in is annurrnd that th pro paror will use currently available infona)tion r.unceaniny r.hu r,ro��ct and the likely impacts of the action. It is not uxpoeted that arlditionnl aclidiner roccurc :-or other investigations will bo ttndortalcon. Ml '$y any question has boon nnsworod Y,:n the Pz-oJr.ct r-ny b(i ni;,nificnnt and ecr.:pleted Environmental Assessment Form is necesnazl. {; (c) 1f all questions have been answered No it in likely Lts,t th1:; pro,�,!ct is;;•+ "not .significant. T li `(dD Mnvlronmentril An. . srrt 1. . Will project result in a largo 1)hyaicnl clu,ngo r: +' to the project site or physically alter more than lU acres of land? • 'Lr:t Ito 2e Will `there be a tnz�or chnn,go to any unique or unusual land form found on the aituY e Yon No 3e Will project oltor ,or have a lnrl;u uffnct on -an oxisting body of water? . . . . . Yea do N 4. Will project have a potentially largo Impact, on groundwater quality? . . • Yur) Ile I_J '' S• Will project Sigmificantly. offoct. dralna •u f'lcr,r 1,. rJ r' on nd.jacent sites? . . . . . . . .cl .,- 6° Will project affect nny thi-entunn,l o,• endnnyl:ro,1 -plant or anin.11 species'? Ito r - n 7• Will pro ject result in a Irajor advises offC..Ct on air gr:al ty? . _^- :i . . . . . . 8• Will project havo 'a major offoct c,n vinual chur.- == " , ecter of the co mnunity or scenic view:, or 71ntar. =) known, to be i-M ortarlt to the col-••aun.ity'i' . Ir,., - ;lo v, —` 9. Will project adversely ihhact any :,itu or :,truer.• uro of.. hiatorico pro•-historic, or plluoncolugicul importance or any site designated iz:; a critical onvironmcntal area by a local aguncy. Yon HQ 10. . Will project have a major, offoct on oxistin,; or future recreational opportuniticz3'1 . . a Yca _ No .911. Will projoct.rosult' in major traffic prohlemn ur cause a major offect 'to existing t:rnnoportation 12. Will project regularly cauao ob•lcctionable odor::, noisu, glare, vibration, or electrical c1i:;turi,•• •-J •anco as a result of the Project°a rperatiJn? Y,. No 13• Will project have any il.lpact an public health or safutyY . l�. Will..pro,joct dffoct the uxlating c•onunllni;:y by directly cczusinC a gruuth in perla.lr.,:nt 1".upoln- tlon el' norci than j I)urcent o:ur a cna•-yuul period or have a maJor nc•t;ntivl: ol'foc� „n Ux character of thu cormilillity ;r nei,;lllnr, hl�cd ' , y,.•; t;,, 15• ' I;; there Puul' col}trovur•ny r.unc c:l ni,;,; cl:,) lrru�,:r.t? — :�• . °:;, RE?IZES'c::TT::C: Il,i'fL' !�' J+ _Kl�1LdL i 'QUESTIONNAIRE TO BE CO3MPLETED AND SUBMITTED 14ITH YOUR APPLICATION FOMMS TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Y e s Jc 2 . a-) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your reference . ) Yes No *b) Are there any areas open to a waterway without bulkhead ? Yes � 3. Are there existing structures at or below ground level , such as tios , foundat 'o s , etc? f0. U0&,5&1 /91�/2QU,,� Yes Np 4. /� A Wi :L *0 3�0 Are there an existing or,, prop sed fen s , concrete barriers , decks etc? 7Y.• /DSO' Ye N 5.. If project is proposed for an accessory building or • structure , is total height at more than 18 feet above average ground level ? State total : — ft . Yes (�tN 6. If project is proposed for principal building or structure , is total height at more - than 35 feet above average ground level ? State total : ft . Yes .Na 7 . Are there other premises under your ownership abutting - this parcel ? If .yes , please submit copy of deed. Yes NC 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any) ? Yes Nj ' State Permit # and Nature : /g/ 7 Z — CJC7r�li'�f�n� �/4�►/J[ay�� fil �-�T/—�1�� 1' Fivr>P�r�►ri�- . 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Planning . Board Yes Nz Toren Board Y e s N�;. Toren Trustees Yes Np County Health Department _ Yes No Village' of Greenport Yes No N . Y . S . D . E. C. . Yes No Other Yes N�, 10 . Is premises pending a sale or conveyance ? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes Noy 11 . Is new construction proposed in the . area of contours at 5 feet or less as exists ? Yes 12 : If new construction. is proposed in an area within 75 feet of wetland grasses , or land area at a6 eleva- tion of five feet or less above mean sea level , have you made application to the Tot-in Trustees for an inspection for possible waiver or permit under Yes N� the requirements of 'Ch-. 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at this 1_i-me /`� �c� L. and proposed - --- *Please submit photograptiss for t-tie record . I certify that the above statements are true and are being submitted foi,reliance by t Board f peals in considering my application . Signature Proper y O; r ) Authorized Agent 3/27 1k § 97-13 WETLANDS r - § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-2G- 85 by L.L.No. 6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean low title are covered by tidal water: to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt:-marsh, swamps, meadows, flats or other low lying lands subject to tidal action; ' (2) All banks, bogs, meadows, flats and tidal-marsh subject to such tides and upon which grows or may grow some or any.of the following: salt hay, black ( grass, saltworts, sea'lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordhrass; and/or (3) All land immediately ;uljaccnt to a tidal wetland as defined ill Subsection A(2) and lying within seven- ty-five (75) feet lnntlward of the mn:�t l:tntly:uirl edge of such a tidal wetland. FRESHWATL•'R WETLANDS: - (1) "Freshwater wetlands" as defined in Article 2.1, Ti tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to,'"freshwater wet- land,"as defined in Subsection Ii(1) and lying with-, in seventy-five (75) feet landward of the most land- ward edge of a"freshu ater wetland," 9705 cs•s:, TOWN OF SOUTHOLD OFFICE OF. BUILDING INSPECTOR TOWN HALL SOUTIiOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREI\,IISES THIS IS TO CERTIFY that the / x/{ Land Pre C.O. #- Z 15 130 &X/ Building(s) Date- Dee . 24 . 1986 / / Use(s) located at 265 ROCHELLE PLACE MATTITUCK Street Hainlet shown on County tax map as District 1000, Section 144 , Blocic 04 Lot 09 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 /xx/ Land fix/ Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be.continued pursuant to and subject to the appli- cable provisions of said Code. 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 family , wood dwelling , a 2nd one family dwelling ; an accessoryJshed . All situated in the A-Residential-Agricultural zone with access to Rochelle Place a town road . The Certificate is issued to THOMAS J . AND CATHERINE N . ZIMMERMAN (owner, k(Xy ,gyX'tVVkLRQXX of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premise's I-LIS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and orduz- 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. "iLIM, nic, inspector . . .1006 I PC 45 0I �Y Slandard N Y B T U Form 8002 3—Bargain and Sale Dee with • _- 9 d Covenant against Gra ;Acls Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 41'714 THIS INDENTURE,made the 9 day of May, nineteen hundred and Eighty-Six. 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, "S WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- :;44 sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ- A_�_ ate, lying and being in the Village of Mattituek, Town of Southold, County of 1000 Suffolk, State of New York, known and designated as Lot Nos. 1941, 20 and 21 on Map of Property of Lida Bartley, Mattituck, Long Island, S which map is on file in the office of the Clerk ,of Suffolk County, New York, under number 770. Bounded and described as follows : f`` q. 00 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 Bay Avenue; :J RUNNING THENCE North 340 50 ' 40" West 178.48 feet: C D0 RUNNING THENCE along land now or formerly Hansen, North 68' 38 ' East 150. 00 feet; I_oT RUNNING THENCE South 34° 21 ' 30" East 184.48 feet to the Northerly - side of Salt Lake Lane; CUT• UUO RUNNING THENCE along Salt Lake Lane South 71° 00 ' West 150. 00 feet to the, po}nt or place of BEGINNING. 009 �00 BEINg 't :!A&'cpremises conveyed by James J. Porter to Charles A. Bruggeman- a�fd Dbir&14, M. Bruggeman by Deed dated 2/18/67 and recorded in' the ' Suffolk:ror, ,Htrj, Clerk 's Office on 2/28/67 in Liber 6120 at Pager •144. 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 for this conveyance and will hold the right to receive such con- sideration as a trustfund 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. 'Cl The word "party"shall ::e construed as if it read "parties" whenever the sense of this indenture so requires. IN WI I'iylE5Sl W i ;R1r,QF,th5,p,&K,t&e first part nas duty ext:cuwu .,.ia U..4 ..,. ..., . , .. ..._. _.... .. written. „ ., ,,.,, :, ..;: i �A,,H ti� J111 r IN PRESENCE OF: V\ CHAR A, BRUGGE oo E.STgT D RIS M. BRUGGENIAN I l JON as gee 41'714 � R TAX LK s t•. COUNTY STATE OF NEW PORK. COUN - OF! -kd SS: STATE OF NEW YORK COUNTY OF .13 SS: On the day of Ma ', 19 86, before me On the day of 19 , before me personally came CHARLES ,A' BR EMAN'"and personally came DORIS M. BRUG N ' to me known to be the individ >u g �esi:rfrb � .�ti.arid Who to me known to be the individual described in and who executed the foregoing instruin " t, and2i&k pMeAgeeL that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. { 4... . l{ MIMI.AUPE Notary Public,State of Now Yo* Term Expires Faa Lary as I West- STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF SS. On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being�byy me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquaintedi who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed. described in and who executed the foregoing instrument; to,said instrument is such corporate seal;. that it was so that he,.said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like' order. at the same time subscribed h. name as witness thereto. INTRACOASTAL-ABSTRACT CO. INC. 425 BROADHOLLOW ROAD MELVILLEa N.Y. 11747 (516).4, 0-161`4� , bargain atih bale EHeed ' SECTION 144 . 06 WITH COVENANT AGAINST GRANTOR'S"ACTS BLOCK 04 • O 1)TnTr: No._ � 0 1v"r- �, LOT s 008 & 009 CHARLES A. BRUGGEMAN and DORIS MocRyffg$cT1)WN of. Southold BRUGGEMAN, his wife, County of Suffolk TO THOMAS J. ZIMMERMAN and .CATHERINE N. Z I MMERMAN, his. wife Recorded At Request of American Title Insurance Company RETURN BY MAIL TO: StANOARD FORM OF NEW VORK BOARD OF 1171E ONOGRWAITERS L?Orr,Aurr,1 by ® WILLIAM J. NEILAN, ESQ. 92-68 216th Street Queens Village 28, NY smerican title insurance compyny northeast region l� zip No. 1142 8 QD —I a sutrsidiary q(tThesDnIinenlal Corporation 7 Z1— Lt_ N U �_ W 4 tJ 0 r"4 O LiJ �,-•-1�J. _ G 0 O W LL 0 W N tY O LL W V Q a tr! LA H W a W N W ad of F PNON 'PIP �� r N 0� PNgE end 15p. I c �° r� C-G°�rrp o, 11 er}��c �o�r-DNS � `G0 s 4 i0 Y cl. 0, )a5* CS 5•f3 101 P1 1 1w 0O, ay fC., OG CERTIFIED TO SURVEY FOR TITLE U. S. A. INSURANCE_ T HOM AS Z I MMERMAN CORPORATION OF NEW YORK AT MATTI TUCK TITLE - NO. 8652 - 54456 LIBERTY MORTGAGE TOWN OF SOUTH.OLD BANK-ING LTD. SUFFOLK COUNTY , N. Y THOMAS. ZIMMt RMAN 1000 - 144 - 04 - 009 SCALE I " M 40 ' APIR. 4 1986 LOT NOS. REFER MAP OF PROPERTY OF ' LI.DA BARTLEY- FILED IN THE OFFICE OF THE . SU.FFOLK COUNTY CLERK ON JULY 2 7,19 22 AS MAP NO.77 ;-, OF ,V _ _ _ 4, � r � 3� r "� �l . ,�'� �ii• ..�' . ,. e ' ` 1^i. ��l � ' ,� i ., y .� . , 5 � � �� � �� Y WRO •, i Ii I� v � I i I : .eke*► :l,�p _T 1 I � I r :i • 1 1 - , , � r r � ., `' +, ..'-- . � � "�� a � ! � �.�' �� �; a � . r � _ r e I I ion1 <.; � �� '� �� .: s . � :�,. -�:. � . �, �. ,� �.►., �- ���� �� F � I __ • I) i �� � � � ' . I i� I ii I �6 �`� a �` � II �� — ��.-� �' T I��f� --I �� . � .� � T \� e� 114 ' �s y i j �� i �i. '•,i�• 3, _ .' �. � _-... .♦ w �� 'a (�• \1�J * , ��. ..�r►.1 ►. •sue � �� I i I ' -1L