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HomeMy WebLinkAbout1077 TOWN OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal NO. 1077 Dated March 28, 1967 MOTION OF ~ ZO~ BO~ O~ ~ ~ ~ ~ OF ~'UT~O~ T0 Roger Ward Jacobs Lane Southold, New York DATE.~.$~..~, 1967 Appellant at a mesting of the Zoning Board of Appeals on Thursday, l~pril 13, 1967 %vas considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to proper~y ( ) Request roi' a special exception under the Zoning Ordinance (X) Request for a' variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By- resolution of the Board it was determined the/; a special exception ( ) be granted ( ) be denied pursuant to Article ............. :. Section .............. :. Subsection ................ paragraph ...... ~ ...... of the Zoning Ordinance, and the decision of the ~Build~ Iuspector ( ) be reversed ( ) be confirmed because 7:40 P.M. (E.S.'T.), UPOn application of Roger Ward, Jacobs Lane, Southold, New York, for a vamiance in accordance with the Zoning Ordinance, Article III, Sectien 307, -for permission to construct an attached garage with insufficient side:' yard area. Location of property: east side-Jacobs Lane, Southold, New York, bounded north, east, and south by M. Dickerson, west by Jacob Lane. 2. VAtLL%-NCE. By resolution of the Board it was determined that (a) S~ri.ct alwpllcation Of th~ Ordinance (would) (would not) produce practical difficulties or unnecessary hardship becar SEE REVERSE (b) The harcgship created (is) (is not) unique and (would) (would not) be shared by all properties ali,kc in the immediate v~cinity 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) (Would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested waria~ec ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. PORM ZB4 Barbara C. 'ttmanh, Secretary After investigation and inspection the Board finds that the applicant requests permission to construct an attached garage with insuffic~nt side yard area. Ehe Board finds that the lot in question is a narrow lot being 71 feet wide. The Board further finds that this lot was sold illegally by the original owner, M. Dickerson. The lot was first set off, as 71 feet wide by 138.65 feet deep, after the date the Soutt~ld Town Building Zone Ordinance was put into effect. The Board points out that the hardship involved here is a self imposed hardship, and not one that can legally be considered by this Board. The Board suggest the applicant ~=y~o~a~n~ a~ditional land from the adjoining prol0ertyowner~ who was the origiqal owner qf the lot in question. The Boar~ akso~i~ts ~ut that the ~pplicant may erect~a p~ivate detached gara~e~ in the rear yard area, pro- ~idin~ it is at leas% three fe~t from th~ side yard line and at least three feet f~om the rear yard line The Board finds that'strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardst~p created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. Therefore, it was RBSOLVED that Roger Ward, Southold, New York, be denied permissinn to construct an attached garage with insufficient Side yard area on property located on the east side Jacob Lane, Southold, New York. LEGAL NOTICE N~lce of Hearings Purauan& to Section 2§7 of ~ ~'and t~e provisions of a~ce ~t~e ~ of Soutchold,, ~5~ffolk County, New York, public] h~ ~ ,~e ~e~d hy the Zon- h~ BohTrd of AlapoaM of the o~ Sou~ol,d, at ~he Town Olfice, ~La~n lq~a~l, Soft. old, New Y~K, on ~1 13, 196% ~e fo~ng~ ~:30 P~. (,E.S.T.), U~n a~li- ~ion ~ ~yd E. Te~, ~ ~n~ Ordnance, ~icle X, ~t~on i~A, tor ~i~ion Do re~ a f~ ~r c~p pe~i~ of ~y: ~ ~ ~ ~d Orie~, N~ York, ~und,ed nor~ by ~'~?~ by S. Koro- by ~ ~ ~y, w~t ~ Mrs 7:~ P.M. (E.S.T.), U~n a~li- ~on of R~er ~d, Jamb ~e ~M, New York, for a ~ ~ ~e with ~ zon- ~ ~, ~e ~I, ~c~0n ~, ~or ~n ~ const~ct an ~t~h~ '~rage with in~ffic~nt ~s~e y~d ~ L~ticn ~ pr~- e~y: ~ ~Me J~ob ~e, ~u~- old, ~ York, ~ded no~,~ 8:~ P.M. (~.T.), ~n ~ppll-~ ~t~ of ~ Shores, No~ ~, ~r~, N~ Yo~, ~ a ~ ex~pt~on in ,~o~- ~ ~ ~ ~o~ ~ce, ~iae IH, ~c~ion 3~, Subs~tlon~ 9, for ~m~ ~ m~ the fol- s~ wi~ ~u~f~lent ~t~k. a s~ on ~e ~r~h s~e North R~ (CR 2~), at the ~t~ ~n ~, G~mpor~, New York; 2) ~o si~ on the north sl~e N~ ~ (~ 2~), on ~g a~ w~ ~ of ~ Lane N~, ~ b~ ~ of J. J. ~o ~ A. M. Atwan, ~lvely. 3) a ~ on t~ prop- ~y of O. ~. GH~e, North ~, G~t, ~nd~ no~h ~y H~ W~y, ~t by ~ by No~ ~ (CR 2~), west ~by H~.S. ~ ~d ~vel~ment ~o~.; 4) ~ s~n on t~ l~d ~e a~fl~t, ~h s~ North ~ (~ ~), Gr~n~, New Y~k, :b~ ~, ~ ~d w~t by H~.S. ~ ~ ~velop- merit ~., ~th ~by North (~ 27). 8:~ P~. (E~.T.), Upon ~n ~f Or~t B~ Mo~l, ~., ~a~ ~ (rt 25), Green- ~rt, New Y~, f,cr a s~i~ ex- .ion ~ ~d~ce w~th the Zo~ Ordi~, Article ~tion 3~, ~tion 10, for ~p~m~ to erst a directional s~ ~ ~e p~rty ~ ~e ~ws~ ~t., ~ on the no~h York, ~u~d no~h by ~n ~-~, ea~ ~ ~pyard ~e, ~ 5y ~e~e Be~t O~p., west ~y ~rson d~r~g to be ~e~rd~ ~ ~y ~ ~e a~ve ~pplicat~ons shoed ~r ~t the time and pI~ce ~ve s~fied. O~ER OF T~ ~O~ TOWN BOARD O~ APP~ ltM7 COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: ...... ..... 7~.~-.:.~. ................. being duly Sworn, says that ...~.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in s~d county: and ~at the notice, ,of which ~e ,~ne~d is u printed ~py, ~s ~en published in the ~id Suffolk Weekl~ Times ~nce in each week, f~r ........... ~ .......... week~ successively commencing on the . ..~.~?~... ....... d~y of ...~ ........ S~orn ~o before me this .. day of .... ~ ...... 19~ ......... ..... ~ ,~-.~.% ~, ~.. FO~H ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL .................................................................. 19./!..~.. File .No, Date ................................. .~.~.~..q..h. ....... 3.~.. .....'~ To .~,.°.g.,e.~..,!~.;~..a.?...~. ...................................................... ........... J.~.c.c~hs...Lane ............................................. ............. ..S..~ t~.~ho, id. ~...N.. !., .................................. ~LE~S~ T~E ~OT~C~. t~at ~ou~ application d~te~ ....... ~ ........ ~.~ ........~.~ ........ ~..9.~. for permit to construct ..~.t.a.~hed...g.a~.a.geat the prem,%es located at ...... E.~.~ ......... ............ ........ ffa.c~b.s...L~n.~ ..................................... Street Southold Map ............. ..~.~.x. ..................... Block ......... ~ ............................ Lot ....... ~ .................................... is ......... ~ ........ .~..?..:...;'. ...... t ...... ~..:~. ..... ~ ~ X~v~~i~ disapproved on the followin~ ground~ !~su±1icze~q~ szc[e ya~fit :& r-t--- &'-I'~'-. s'e e"'3 0'9 ................................................................................................................................. ; ...... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , ] 9 ........ Approved ........................................ , ]9 ........ Permit No ................................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application 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 on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of propertymust be drawn on the diagram which is part of this application. 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of 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 ..laws, ordinances, building code and regulations. (Signature of applicant, or name, if a corporation) .... ..... ..... .......................... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner Name of owner of premises ....~..o.g.e.~...~.?..~. .............................................................................................................................. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ............................................ Lot No: .................... Street and Number .......................... ~.~...a.o.?..?....~.~.e. ...... ~ ?. ~ ?; ?. .3;.8: ...... .~..e.?....~..o.?..]f.. .......................................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ................. .~...~.?..1..~..i...~. ................................................................................................. b. Intended use and occupancy ................................................................................................................................. 3. Nature of work (check ~ _;h applicable): New Building Addition ........ X ........ Alteration Repair .................... Removal .................... Demolition .................... Other Work (Describe) 4: Estimatedcost .......... ©................................ Fee ............ .$. ~. : .0. .0. (to be paid on filing this application) 5. [f dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars .............................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front ....... ~.8.! .............. Rear .......................... Depth ..0~! .................... Height ]'?~ Number of Stories Dimensions of same structure with alterations or additions: Front ..... 5.~~. ...................... Rear Depth ....... .~..~.". .................. Height ........... ~?.~. .............. Number of Stories ........ ..~. ............................. 8. Dimensions of entire new construction: Front ....3:.~....~ ................ Rear ............ ~.~. .......... Depth ....... p.0.!. ............... Height ......8..I. ................... Number of Stories ....... ~ ................... 9~ Size of lot: Front ...... ~? ................. Rear ......... ?.~.! .............. Depth ....;~f}! ....................... 10. Date of Purchase ....... .0.~.:..~.~..~j~.~..~. ....................... Name of Former Owner ..~.~..~ft~8.~.~t~, ....................... 1 1. Zone or use district in which premises are s~ruatea ........ ..~. ...................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? .......... ~'.~,~ ..................................... 13. Name of Owner of premises ...... ~.o~;.?..z'....~..~..z'.~. ............. Address ....... ~.o.~...~.~..e. .............. Phone No.$.9.~ .... ..~..~... Name of Architect ...................................................... Address ............................................. Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW ~OR~,~ : ~ c c ~., 0 ~ ~~"'.'~~~ .......... ~...~., ..................... being duly sworn, deposes and says that he .............. ~'-~-individual signing oppl'co 'on) 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 oll statements contained in this application ore true to the best of his know[edge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ . ~ ~ / of .......................... " ......... .........Notary Public, ~~ .... ~, ~t~~~'~'~u~"~n~')~' .......................... APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~) r~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........ ~p.g.e. ~...~.~. ..................................... of .......... ~.c..o. ~..~...~..~ ........................................... Name of Appella,n,t Street and Number ............................... ~.°...~.,~.9..~.~ ........................................................ ~..e:~.~9..~..~.HEREBY APPEAL TO Municipality State THE ZONING BOARD' O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~.~(.,&...~,,~...j.../..~.~...~, / WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ..... , .~.~ .o..o.~ ]..~ .~. ]?. ................. Sotzthold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build attached Garage 1. LOCATION OF THE' PROPERTY ..................... .~,.~.~.9.k.s...~.e. .................................... ~.A..~. ............... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- s~and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin,ance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6.2 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~.~¢~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ............................................. :..,...,.,; .... i ........... ( ) ) '( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~oz'z~ ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would prevent easy access to the house and spoil appearance of the entire house and plot. Any other practical location of a new garage would also result in an exceedingly long drivew~y, difficult to main- rain and keep Clear in winter. 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 bec,ause the house ~& present bar~ are approximately fifty years old (or more), Present owner is at least the fourth since it wa~ built. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property is the only dwelling on Jacobs Lane° All contiguo~ property within approximately 500 feet and surrounding the property is farmland. STATE OF NEW YORK ) ) ss COUNTY OE,/~f~) OTARY PUBLIO', State of riew York ~'~o, 52-08!8100 Suffolk Count)r April 13, 1967 Robert W. ?asker, Esq. F~ont Street Greepport, New York 11944 Dear Mr. Tasker~ Tonight we denied an application for a variance to add an attached garage to the residence of Roger Ward on Jacobs Lane, Southold. The property Is approximately 71' by 138' and was divided illegally and sold in 1958 from the farm of Mahlon Dlckerson. The 1958 buyer, Joe Re/mer, was den~edpermission to enlarge the house because the side yard would be violated. Mr. Re~eme~ sold to Mr. Ward several years ago. Here is a situation which permanently injures ~hoever owns the property as a result of the original illegal sale. Is there a remedy available to the present owner, Roger ward? Perhaps the Town should bring proceedings in th~s matter. Very sincerely, Robert W. GlllXspie, Jr., Chairman Southold Town Board of Appeals RW~Jr,,'bd cc~ Supervisor Lester M. Albertson