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HomeMy WebLinkAbout1237 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING I~OAF~D OF APPEALS A.a_~mTNo. 1237 Dated March 18,1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Ellis Terry To Jockey Creek Drive Southold, New York Appellant at a meeting of the Zoning Board of Appeals on Thursday, Apr was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be ~onfimed because 7:45 P.M. (E.S.To) s Upon application of Bliis Terry, Jockey Creek Drive, Southold, New York, for a variance in accordance with the Zonin9 Ordinance, Article III, Section 305 and 307, for permission to construct an addition on existin9 dwelli~9 with insufficient side- yard and setback. Location of property: south side Jockey Creek Drive, Southold, New York, bounded north by Jockey Creek Drive, east by G.H. Terry Estate, South by Creek, west by Hart Hardware & Garden Center. 2. VARIANCE. By resolution of the Board'it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (b) The hardshi!~ created (is) (is not) unique and (would) (would not) be shared by all properties alike in the mediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. . ~-~~~ ..-~O_NING SOARD or ArPE,A~S. Barbara C. Dittmann, Secretary FORM ZB4 After investigation and inspection the .Board finds that the applicant requests permission to construct an addition on an existing dwelling with insufficient sideyard and setback, said addition being an attached garage~ The Board finds that the lot slopes to the south, thereby creating a topography problem and hardship; that the property adjoins an existing business district; and that the irregular size lot on which the applicant lives was made irregular as a result of the Town taking over the road fronting this property. Accordinly, the Board is of the opinion that this application should be granted for these reasons, altho these are not the reasons that were presented by the applicant. The Board finds that strict application. ~f the Ordinance would produce practical difficulty or unnecessary hardship; the hardship created is unique and would not be shared by all property alike in the immediate vicinity ~f this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. Therefore, it was RESOLVED Ellis Terry, Jockey Creek Drive, Southold, New York, be granted permission to construct an addition on existing dwelling as applied for, with issufficient sideyard and setback, on property located south side Jockey Creek Drive, $outhold, New York. Prov4-~ons of ~ ~ Bu~ ~ of Sou~ld, Suf~o~ he~go w~ll ~ hold ~ ~ Z~g B~d of A~Ia of ~ ~ of S~old, at ~ld, ~ York, 7t45 P.#. (B.S.T.), upon appl~&t~ of BII~i rry, J~eF Crff ~, S~old,~ Y~k, for a v~ S~ 3~ & 307, fOr ~8~ tO ~. Mtl~ Of ~ym aou~ st~ J~ey C~ Dr~, ~t ~ ~.H. ~rry by ~t ~nre & ~r~n CenUr. LEGAL. NOTICE l~otice of He, rings Pursuant to Sectim'x 267 of the Town Law and the pvovisiens of the amended,_Bdil~4ng Zone Ordinance of the Town of Southold, Suffolk Cour~ty, New York, public hearings will be held by the Zoning Board of AppeaLs of the Town of Southold, at the TeWn Oifi(~, Main Road, South- old, New York, on April 3, 1969 on the followin'g appeals: 7:30 ~.M. (E.S.T.), upon applica- tion of Lloyd Terry, ~Ia/n Road, Or- ient, New York fc~ ~ .~pecial ex- ception in accordan~d .~i the Zon- ing Ordinance, Article X, Section 1000A, ~ ,periissi~m to renew a farm l~bor camp .permit granted A~ril 4, 1968. Location of property: south side Main Road, Orient, New York, 'bounded north by Main Ro;~d, east by land now or formerly of S. Koroleski, south by Bay, West by E. Latham. 7:45 P.M. (E~.T,), ~pon applica- tion of Ellis Terry, Jockey Creek Drix, e, ~)uthold, l~ew York, for a variance in accordance with the Z~nthg Ordinance, Article IH, See- tio~ 305 & 307, lo~ permission to constru~ addition on existin~ dwell- lng with insufficient sldeyard and setback. ;.~cation ~f progerty: ~outh side Jockey Creek Drive, Southdid, New York, bounded north, by Joc- key Creek Drive, east by G.H~ Ter- ry e~tate, ~onth 'by Creek, west Hart Hardware & Garden Center. An), person desiring to be heard on ~he above applications should appear at the time and place above ipeeified. DA.TED: MAP,~FI 13, lS6g, BY ORDRR OP TttE SOUTHOLD TOWI~ BOAI~D OF APPEALS ltM28 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · ..~.,.. ~.'..~*.~-~O~..~,~ ..~.~...~.~..~ ...... being duly Sworn, says that .--'~ ' '.~-~. ~ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newsl~per published ~t Greenport, in sold county; and t~at the notice, ,of which the ,annexed is a printed copy, has been published in the sold Suffolk Weekly Times ~nce in each week, ~or ....... ~ ............. week~ successively commencing on the ...~,~.~... ~y of ....~.~_~ ~-_ ........ l~. d. ............. Sworn to before me th~s . :~. ~..~..... I ~ay of...~.~. ....... m..~.. ! NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Bulldi~H Zone Or- Suffolk County, New York, pub- ilc hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on April 3, 19~9 on the following appeals: ~:~ P. M. (EST),' upon appli- cation of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Z~ing Ordinance, Article X, Section'1000A, for perm!~s!~0n to renew a farm labor camp permit ~r~nted April 4, 1968. Locati°n o! peoperty: south side Main Road, Oelont; New ,York, bounded north by Main Road, east by land now or formerly of S. l~orolceki, south by Bay, west by E. Latham. '/:45 P. M. (EST), upon appli- cation of Ellis Terry, Jockey (lee~k Drive, Southcid, New York, /Or a variance in accordance with IH, Section ~06 & 30~, for per- mission to construct addition on axtsiins dwelll~4~ with insufficient ~ and setback. Location o~ property: south side Jockey O~ek Drive, Southold; ~leW York, I~unded north by Jockey Creek Drive, east by G. H. Terry es~ato, l~rdware & Garden Center. · Any persen desiring to be heard on the above applications_should appear at the time and place specified. DA'i'~I~: MARCH 13, 1969 BY ORDER OP TIlE SOUTHOLD TOWN BOAP, D O1· APPEALS 1T--27 COUNTY OF SUFFOLK STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG iSLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper 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~Mottituck Watch- man once 'each week for ... ~..~,.~ .... wee;~ successively, commencing on the .............. ~...~ .............. Sworn to before me this ........... i .. day of .... Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ......................... .M..a..~_c. h ...... ,~.0. ........... 19_6,9_ T~ ~Ellis Terr]f ............. J.o.¢key...C~e.e~.. Drive ................. S.outhold ........ N..Y. ......................... PLEASE TAKE NOTICE that your application dated .......................... ~'......?_8, ...... 19..~.,~,. for permit to construct .ar~,.aAditlon .......... at thc premises located at ........ · C.r~ek...D.~.i.v~ ........................................... Street $outhold N.Y. Map ........ ~ .......................... Block ......~ ........................ Lot .......X.;~X .................................. is · disapproved on the fo]lowin? ground~ ....... Ir~suf.fi.c&an$..~i.d~yard .,and...s~t.bac~ ............ ar.t.. I.% I....se.c.t i. on...3O~..&..-~e.~- .............................................................. TOW SOUT OU , ¥0: C './"'""7--- APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..... $.3,l~,~...NL,...~ez.~r. .......................... of ................... ,.,].~.c.]f..e.7.....C.T..e..e.~..~.~,e. ............. Name of Appellant Street and Number ............................ ~,o..?:~,~,o,]:,d, ....................................................... ,~..,",,~,.t .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~PECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. ~../.~.~./~..~' /" /' '-- -- tl WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ~.Q~e~...(: ~'.~ ek .. D.~l~ze ............. ~ o.u.thol~l. .............. ~.,.~(., .............................. Street and Number Municipality State PERMIT TO USE ? PERMIT FOR OCCUPANCY Permit to build an addition on an existing dwelling t. LOCATION OF THE PROPERTY .8~.8,....,,T.QCk~....g.]:~.e~..]),~.i.~.~J ............................. d;J,~,.t ..... Street Use District on ~.oning Mop Map No. Lot No. $outhold, N.Y. 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 Ordi,nance.) ~Jrt III section 305' & 30? 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~lJll~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that: The dwelling was built prior to the zoning ordinance and was converted from the existing barn, which was at this location for many years, and in the Terry familyfor many years. JocJey creek Drive was only a family right of way or farm road at the time~ having been made a To~n road in the recent ~;ast. At the time of conversion the surrounding area was all part of the Terry farm acerage. Development of the area has ~orm z~z restricted the fron~o~ueSo~h~Jr~e)of this lot. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPb~au~: The present lot (meeting width and area requirements of the zoning ordinance) is odd shaoed on the front due to being adjusted to the development of the area usin~ the old fmrm lane which passed between the large dwelling (now demolished) and the* barn from which the present hous was converted. It is bounded on the west by a business "B" district in which a, 2~ ft setback is permitted, and on the east by two vacant lots~ in the "A" district. Further east there are several one family dwellings with setback varing fro~ 36 ft to $O feet or a little more. The north westerly corner of the proposed addition to the existing dwelling will not make the average setback of the dwellings to the aast altho a "sight line" from this point to the other dwellings to the east will indicate it exceeds their setback by quite a margin. There are pine trees 91anted along the westerly line which do create a barrier between the reside~tial and business district, the lot slopes sharply toward the creek from the rear of the dwelling, making it impractical to build in the rear yard. There will be an 8ft plus side yard left on the westerly side from the proposed addition ~hich together with the pine treed screening will be sufficient seperation from the adjacent "B" district! and the most level part of the lot will be used for building. 2. The hardshipcreatedis UNIQUEandisnotshared by afl prope~ies alike in the immediate vicinity ofthispropertyandinthis use district because The lot is odd shaped and slopes southerly from the backof the dwelling! as well as abutting a business district. 3. The Variance would observe the spirit ofthe O~inance and WOULD NOT CHANGE THE ~aHARACTER OF THE DISTRICT b~au~: The proposed a~ition to t~e dwelling ttached garage) will make this dwelling similar to all others on the south side of this block - none have detached accessory buildings. The proposed addition has been carefuly planned to accomodate the two automobiles(station wagons) to be housed and to fit the structure of the existing dwelling. The south (back) wall of the addition is to become the support of the girder of the main dwelling, it cannot be moved back due to the electric service and panel and the heating pipes for the second flooe rooms. The addition will not harm or change the character of the neighborhood it will improve it by housing the automobiles now parked in the front yard area, making this dwelling conform to the others in this bolck. Plot plan attached as exhibit A. STATE OF NEW YORK ) ) COUNTY OF SS Signaturex Notary Public UARION A. REGENT NOTARY PUBLIC, State of F~ew York No. 52*3233]20 Su~/oJk County Term [xp/res ~arch 30, ,FORM ,NO, I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN Cv;;'-RK'S OFFICE SOUTHOLD, N. ¥. Examined .................... , 19 .... Approved .................... ,19 .... Permit No .................... Disapproved a/c .................................... ................ Application No ................. (Building Inspector) APPLICATI(~N FOR BUILDING P~RMIT Date ................. ~ .... ¶8... :1.9.69 INSTRUCTIONS a. This applicati.on must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings o n premises, relationship to adjoining premises or public streets ~r areas, and giving a detailed descripti, on of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may r~ot be commenced before issuance of Building Permit. ,d. Upo~ approval of this application, the Building In specter will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspecti(m throughout the progress of the work. e. No building shall be occupied or used in whole o~ in part f~r any purpose whatever until a Certificate ~f Occupancy shall have been granted by the Building ]'nspe~t~r. APPLICATION IS HE~Y MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of S(~athold, Suffolk C~mnty, New Y~rk, and other applicable Laws, Ordinances .or Regulations, for the construction ~f buildings, additions or alterations, ~r for rer~oval or demo- lition, as herein described. The applicant agrees to corn ply with all applicable laws, ordinances, building code, housing code, arid regulations. (Signature of ,appIicant, or name if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractqr, electrician, plumber or builder .......... ~. ~eF. .............................................. ~'~ ...................... Name .of .owner of premises .... ][~. ~lq~r. ~ .W~[~'$ .................................................. If applicant is a o~rporate, signature of duly auth.orized officer. (Name and title of corporate officer) Location of land on which propOSed work will be done. Map No .... ~g. ........ Lot No.~g~1 ......... State existing use and occupancy ,of premises an d intended use and ~ccqpancy of proposed construction. a. Existing use and occupancy ... ~B~' 'fSUl~J.~' '~1~'71~: .......... ':i ............................. 3. Nature of work (check which applicable): New Building ........ Addition . .lille,. Alteration Repair. ........ Removal ........ Demoliti~on ........ Other Work (Describe) 4. Estimated C,3st ...~ y .2~0. ,I, ................. Fee .. ' ' 5. If dwelling, number ,of dwelling units . ~ .... Number ,of dwelling units on each floor If garage, number ,of cars ..~ ................................................................... 6. If business, commercial ,vr mixed occupancy, specify nature and extent of each type of use ............. 7. Dimensions of existing structures, if any: Fr*nt .............. Rear ............. Depth Height ................ Number of Stories ....................................................... Dimensions of same structure with alterations .or additions: Front .............. Rear ............... Depth ................ Height ................ Number of S~ories ..................... 8. Dimensions ~of entire new construction: F~>'nt ...... ~, ........ Rear ...... ~1,' ' ' Depth . ..2.~ ..... Height ............ Number of S~ories ..... ~ .................................................... 9. Size of iot: Front I'00 ............. Rear ]00 ...... Depth~ .... 10. Date of Pureh.ase ............................... Name or Former Owner ...~,l[~, '~ll~ .... 11. Zone .or use district in which premises are situated... ~. ~11,8~ ...................................... 12. Does proposed construction violate any z3ning law, .ordinance or regulati,ma? . .. ~'~ll ................... 13. Name ,of Owner,of premises ... I~1L~8. ~:[~d~... Address .... iitffill;holll ....... Phone No ............ Name of Architect ............................. A~ddress ...................... Ph,~ne No ............ Name of Contrac~0or . ~ ..................... Address ...................... Phone No ........... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from p~perty'line~. Give s~eet and block number .or description according to deed, and show street names .and indicate whe¢llev interior ,or corner }et. · ~ ~ :~: T d STATE OF NEW YORK, )S.S. COUNTY OF ~ffO~.~ ..... ) ..............(Name ,'of' ~i[~u,a~' ~szgl~ng ..................... application) being duly sworn, ,deposes and Says that he is the appli- cant above named. He is the ........ ~ .~,. ~,. ................................................ (Oontrac~or, agent, corporate officer, etc.) of said owner ,or ,owners, and is duly authorized ~o perform or have perf~maed the said work and to make and file this application; that all statements contained in this applicati~on are true to the best of his knowledge and belief; and that the mack will be perfumed in the mann er set forth! in the application filed therewith. Sworn ~o bef. ore me this N<rtary rublic~, ~.'}~c~c.~,.. 4-./~ge_County (Signture offl~pplicant) .... &pz'l~. 4o 1969 M~. Gerald N~man Su£~olk County Planning,Commission Hauppogu~ Lolo~ New Yolk Deer S 1~ ~ As ~r our ~ele~one conversation ~s morning I ~ enclosing copies of a va~n~ application wh~ was ~pr~ed b~ o~ hrd o~ Ap~als aC ~e~ Me~ng ~as~ ~e ~p enclosed ~s a~ 100 f~. ~o ~e ~nch - a c~s~e of ~he area ~ ~p. which will .h~ ~e a=ea ~er ~an a .~ller scale ~awXng. ~ ~ere are an~ ques~o~ on ~o please calx M. Building ~nspecto~ 1 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765.3783 Building Dept. } Planning Bd. 765-2660 Board of Agpeala Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ~7~..&l~ .~...~ ............ of the town of ......~ .............. tagency]nvo~ved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits .Z ....... Variances Location of affected land: within 500 feet of: (check one or more) ............ Town or village boundary line .... .~. .... State ~ road, ~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public 'building is situated Title Date received by Suffolk County Planning Commission ........................................................................ File No .................................