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HomeMy WebLinkAbout738DOUGLASS, MARJORI~ King Street Orient, New York #738 Dec. Page 17, 1964 GRANTED permission to divide and sell property with insufficient frontage S/S King Street, Orient, New York. P~rsua~ ~o Section 267'o~ f~he Town Law and~he ~visio~ of ~he ~ed ~f~g Z~e O~i~ of the ~ ~ S~hold, S~olk CO~, New ~o~,~ ~ub~c ~gs ~H be hdd by ~e~ Z~ni~ Board of Ap~a~ of ~ Town of Sou~h~ld. a~ ~e TO~ Of- fice. Lonz a/c COUNTY OF SUFFOLK - S~ATE.©E I~t~,N YORK 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 Isbnd Traveler-Mattituck Watch- man once each week for ...... ~.~,..~./~... wee r successively, commencing o the ........... ../~...~. .................. day of ...... ~.~ ....... 19....~.~..~ / Sworn to before me this ..... //.. ........ doy of ........ , ~DSLE pAYN~ Cornmis~;on Expires ~ar~h ~ 1~ ~ D APPEAL FROM DECISION OF BUILDING INSPECTOR TOTHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ...~,...~ ) /c7¢~j ~, (~'~9 Marjorie Doug~..a. ss of ............. i.......K..'.nlg..~.i.v..e..e.I ..................... Name of Appellant Street a'nd Number Orient~ Town of Southold ............................................................................................ ..N...e..w.....Y...o..r..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM, THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............................. , ........ DATED .~...~~..~....~...~..Z..~._~ ~' WHEREBY THE BUILDING INSPECTOR DENIED TO ............ ..................................... Name of Applicant for permit of .... ....... .................. Street and Number Municipality State ( ) PERMIT TO USE () PERMIT FOR OCCUPANCY (X) Permission to sell premises on the south side of King Street, Orient, New York which premises have a frontage of 59.69 feet and an area of 9, 280 square feet. 1. LOCATION OF THE PROPERTY .~..~.r~g.~..t.~.~.~..~..r.~..e..n..~....~.^..Y..`....~.~A.~.'...R...e.~%.~.~.~i~a~...&....A..gy.i~ul~ura~ Street Use District on Zoning Map ...................................... ............. :" 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 Do not quote the Ordinance.)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 III, Sections 303, 304 and 307; Article X, Section IO00A 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 (k~:~) (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 wes made in Appee'l No ................................. Dated .................................................................... REASON FOR APPEAL ~r ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that (continued on attached sheets) (Continue on other side) ACFION O1' TIll ZONING BOARD OF APPEALS Appeal No. ?58 Dated BOy.abet 16, 1964 ACTION OF Tl{i£ ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHOLD To ~rl~ie ~gl~s Appellant at a mecti~,g 0I the Zoning Board of Appeals on ~tlrede¥',_ December was cansidered and the action indicated b~low was taken en your , I P~equcst for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ Xi ttequcs~ for a variance to the Zoning Ordinance 1964the appeal I. SPECIAI, EXCEPTION. By resolution of the Buard it was determined that a special exception ( ) be granted ( ) be denied pursuant to Art}tlc .............................. Section ............................ Sabseetlon ............................ paragraph ......................... of the Zoning Ordiaance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8tX5 P.#.(B.S.T.), ~on eppll~ation of Mar2orie Douglass, King Street, O~l~t, b YOrk, i'~r a variam~ in &oc~rdonce viththe ~oning Ordinance, Article Ill, Section 303, 304, 307, ~ Artlole %, Section 1000A, for permission ~o divide and oe~1 property vith insufficient frontage. Location of property, si olde King Street, ~riont, ~ York, bounded north by King Street, mt by other land of MarJorie Doughlue, sonth by Bobort Dougl&em. v~et by bison Douglass e~-tate. ~. VARIANCE. B$ ~esolution of the Board it was deterrained that fa) S~rict applination of the Ordinance (wouldl/wouId not) produce practical difficulties ~r unnec- essary hardship because (0) The hardship created (is) (is not) unique and (would) (woulc/ n~ot) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The var!ance (does) (does not) ,observe the spirit of the Ordinance and (would) (would not) change the character of the disirict beowuse and therefore, it was furth,er determined that the requested varia~ce ( ) be granted ( ) .be den~ed and that the previous decisions of the Building Inspector ( ) ,be confirmed ( ) be rev,ersed. FORM ZB4 ZOnING BOARD OF APPE4kL~ Barbara L.Carrosa, Secretary &fret invoetig~tion ~nd ~rml~Otion ~he Board £1nd~ ~e appoint as sta~ ~ ~e wr~ app~tAon ~ ~ie ~d. O~r~a~, ~ere viii ~ no ~e in ~e e~ra~r of ~e nei~rh~. ~e ia no wy ~ ~la~e ~lo ~o~. ~e har~p c~ la ~i~e ~ ~uld no~ ~ o~ ~ ~o~tie. al~e in ~he ~imM vAcUity of this p~rty a~ in ~e sm use distri~t~ a~ ~e v~i~e d~ ~ ~e opiri~ o~ ~e ~d~e ~ ~1~ ~t ~e ~he of ~e district. Therefore, it was ItlSOLVBD that J4arJorie I)ouqlus, lqing Street, Orient, New York, b~ qr&nted pefndssion to divide and sell property wi~ insufficient £~ont~ge on property located Sou~ si~e King Strnat, Orient, New York. NOTICE OF HEAY Pursuant to Section 16? ~ ~ T~n of ~old, Suffolk Cowry, New Y~k, of ~outh~d, at the ~wn Of- rice, Ma~ ~, ~th~d, New on ~em~ 1T, I~4, on the foHo~g ~30 P. M. (E.S.T.], u~n apron of V~entme W. St~, ~n ~, Mattituc~ New York, for a ~ ception in a~n~ ~th ~ ~g an ~ver~lsing ~ on the ~ of ~na An~ews. ~a~on of ~y:~ south side ~ln ~, ~el, New~ York, ~unded ne~h by Ma~n ~d, east by ~ei~hm~n--~, ~uth by ~ng ~sland ~lr~, w~t ~ Chas. ~:45 Pi M. (E~.T.), u~ a~lication of John Ha~c, ~uthold, New York, s/c Marlo ~a~one, Ars~om~ue Avenue, ~thold, New York, for a var- the e~st~g dwelli~ w~th i~tcient side yards. ~at~on of prope~: e~t side Arshamomaque Avenue, Beixedon York. of ~n~d R. Gfld~sleeve, Wickh~ Avenue, Mattituck, New York, for vari~ce in ~ccordanc~ ~h the Zonin~ ~ticle X, Section I~A, for permis- ~on to reduce frontage of lot. ~atio2 of p~rty: west side Wickham Ave- nue, ~a~tituck, New York, bounded north by E. A. Woodward, e~t by cordance ~th the Zoning Ordinance, insufficient front~e. ~tion of prop- erty: south side King S~reet, Orient, New York, bounded north by S~reet, e~ by other land of M~jorie wes~ by Neigh ~ugla~ ~tate. of Leffer~s P. Edson, E~., Southo]d, Southold, New York, for a veri~ce in property. L~ation of property: north side Soundv~ew Avenue, Southold, the above applications at the time and place above specified. DA'I'~-~: DECEMBER ~, 19~4, BY ORDER OF '1'~ SOUTHOLD TOWN BOARD OF APPEALS.- COUNTY OF SUFFOLK f ss: STATE OF NEW YORK 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 Zraveler-Mattituck Watch- man once each week for ...... ~.~,../~--..((...'ZZ. wee/I,l,l~ successively, commencinfl on the ........... .~.~. .................. d~y of .............. ] 9...~ Sworn to before me this ....... ~. ........ d~y of ...... mr~ ArtXcle ~, ~mctXon 1000~, f~r p~rmlisJmn to ~lLvL~e and ~ ~_~_~ AppRadl AT T~L~ ~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ..O..~.i.e...n.t.,.....T..o....w~.....o..f....S..o..u.~.h..o..l..d. .......................................... ..N...e..w.....Y..o._~.k' ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ............................................... 7'- WHEREBY THE BUILDING INSPECTOR DENIED TO ............. .rj.o.r..t..e...p...o..u. ..................................... Name of Applicant for permit of .... ....... .................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permission to sell premises on the south side of King Street, Orient, New York which premises have a frontage of 59.69 feet and an area of 9~ 280 square feet. 1. LOCATION OF THE PROPERTY Street Use District on Zoning Map Map No. Lot No. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ELI, Sections 3030 304 and 307; A~icle X, Section 1000A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ([~o) (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 mode in Appeal No ................................. Dated .................................................................... ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (continued on attached sheets) Porm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is,UNI(~UE and is not shared by all properties alike in the immediate vicinity of this propert? and in this use district beca.use , , ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) , Signature Sworn to this ................................................ day of ........................................................ 19 Notary Public PORM ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo N. Y. ROTICE OF DISAPPROVAL File No .............................................................. Date ................. ...~.0V.e~l]~..e.r 2be 19....~..~ To ....... ~ar. J.ar. ie.. Douglasa ........................... ............... 021en~;,...I~.Y ...................................... PLEASE TAKE NOTICE that your application dated ...................... ~.0..v..e.~...b..e...~....~.? 19....~..~. .~or permit toYe]~c~ .d:]..v. ide...&..s~ll....P.?a~l~cr~emises located at ..... .S./.~ ...~.~...~.g....S..~ ......................................................................... Street Orient, N.Y. Map ......... ~ ....................... Block ...... ~ ........................ Lot ........... ~ ......................... is ,- on the followim; ground~: .....Imsuf£1¢ler~t.....2r.ontage ..&.....a~.ea ............ A~t. II.I.. sect~on...3.O.3...&..Ar%..X., s.ectlon..lOOOA ............................. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ 19 ........ Approved ........................................ 19 ........ Permit No ......................... ~. ....... Disapproved a/c ............................................................................................ J (Building Inspector) Application No ........................... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS - a.J This apblitation must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspect_or. ~ ~ ~ b. Plot plan showing location of Iot'a'nd of buildings on premises, reiation~hip to adjoining premises or public streets or areas, and giving a detailed description of tayout of property must be drawn on the diagram which is part of this bcation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon opproval 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 Buitding Inspector. APPLICATION IS HEREBY MADE to the Building Department fo_r the issL~ance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suff61k 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 and regulations. King Street, Orient, New York (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrican, plumber or builder. Oy~,e r . . Name of owner of nrem ses Marjorie Dou~Iass 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 ................................... Block .................................. Street and Number South side of Ki'.n.g Street, Orient, New York , , State existing use and occupancy of premieses and intended use and occupancy of proposed construction: a. Existing use and o~cu~a~nc,, - p. rivate one family dwelIin b. Intended use and r.-r, nnnn, private one family dwelling ~ ......... AoolJ. cant seeks permissic ~o sell premises which has 3, p~atqre aT WOrK ~chf.~k w~ch a~pHc, o~):~ .................. ~f~5~ ................. ~1~ .................. a ironzage on r, mg~treet oi a~. o~ ieez an~r an area oi approxtrnately ~, z~o square iee[ Repair .................... Removal .................... Demolition .................... Other Work (Describe) .................... 4. Estimated Cost ...................... .-. .................................... Fee ................................. '. ........................................................ (to be paid on filing this application) FEES: ,5. If dwelling, number of dwelling units .......... .o...n..e. ........... Number of dwelling units on each floor ............. : .............. If garage, number of cars .............. ..n..o..n...e. ................................................................................................................ 6. If business, commericol or mixed occupancy, specify nature and extent of each type of use......R...e..s..i..d..e.~..i..a..I. .... 7. Dimensions of existing structures, if any: Front ......... .3.0...f..e...e.~. ...... Rear ..1..8....f.e..~.~. ............. Depth ..... :~.~..f...e.e..~. .......... Height ...... .2.0...f..e..e.~ ........ Number of Stories .....t..W.Q ................................................................................................... Dimensions of same structure with alterations or additions: Front ........... .' .................... Rear ............... '. ................ Depth .......... .-. .................. Height ............ ~. ................ Number of Stories ............-. ................... 8. Dimensions of entire new construction: Front ............... .-. ........... Rear ............. '. .............. Depth ........... '. ................ Height ............................ Number of Stories ............................ 9. Size of lot: Front ...~..~.:...8~.....f.~.e..~. ,.. Rear ....~..8...f..e...e~ ........... Depth ...l..5.~..f.e..e..~ ........... ~: ..... ~ "A" Residentia~ and A~ricultural ]0. Zone or use district in which premises are ~,,uu~=u ................................................ .~ .............................................. 1 l. Does proposed construction violate any zoning Jaw, ordinance or regulation?..Y.e~...M[~.~..O.:[..JD.~..~.~.q,l~,~7.~..-. merit s 12. Name of Owner of premises..NJ~rj.q, rJ,.¢....D.P.g,g~.~.Address ...K.k~g...S.t.,~...Q~i..e..n.t .......... Phone No.Q.R...?.I..3..4..6.. 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. (See map attached) STATE OF NEW YORK, ) COUNTY OF ..... J~D.~.uF...QL~T,..) s s., M_A. RJORIE DOUGLASS ................................................................................................ being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above named. IN4cX~N~ .......................................................................................................................................................... ~~; 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. Swam to before me this .......... ./..~.. ....... day of .......... ~ Q .~.e. lr&b.~ r ......... 19.....1~.~,... Notary Public,. ................ '.tw':~...~.°...n~......~.......~.!]. ........ Co~Inty ' ' .(S~gatu. re o_.f app. ticanl~/' - tv~arjorte uougAass MARGARET A. YOUNG NOTARY PUBLIC, State of New York Attached hereto and forming a part hereof is a map of farm surveyed for Percy Douglass situate at Orient, Suffolk County, surveyed January 23, 1964 and revised to February 10, 1964. The premises shown on said map comprised the farm owned by Percy Douglass at the time of his death on September 27, 19§B. The entire premises were devised to Marjorie Douglas~ the surviving spouse and the applicant herein. Applicant has sold substan~ tially ail of the real property of the said Percy Douglass with the exception of two dwellings located on the south side of King Street as shown on said map. The most easterly dwelling house together with the barn in the rear thereof was sold to Robert O. Brenner. The premises lying immediately to the west of the Brenner parcel and designated as "reserved" on the map has been retained by applicant for her dwelling. The most westerly premises outlined on the attached map in red and described as follows: Northerly by King Street 60 feet, more or less; Easterly by land of Marjorie Douglass 155 feet, more or less; Southerly by land of Robert Douglass 60 feet, more or less; and Westerly by land now or formerly of Nelson Douglass Estate 155 feet, more or less, has been occupied by Michael Bogden and wife, an employee of Percy Douglass for many years. This parcel has a frontage on King Street of approximately 59.69 feet and a depth of approximately 155.48 feet. Applicant proposes to sell this latter parcel to the said Michael Bogden and wife. An examination of the attached map will indicate that it is physically impossible to divide the premises upon which the three dwelling houses are located which would result in ail three parcels conforming to ail of the provisions of the Southold Town Building Zone Ordinance. Ail three dwellings are fifty or more years old and the physical conditions existing, of course, existed for many years prior to the enactment of the zoning ordinance. Your applicant has attempted in the conveyance of ail of the property and the division thereof to conform to the zoning ordinance requirements and has been able to do so with the exception of the parcel proposed to be sold and conveyed to Michael Bogden and wife. Article X, Section 1000A, of the zoning ordinance provides that no lot shall be sold0 divided or set off in such a manner that the portion sold shall have an area and/or open space of less than that prescribed by the ordinance for the district in which said lot is located. As indicated above it is physically impossible to set off the premises in such a manner as to con- form to ail of the requirements of the zoning ordinance. Applicant believes that a strict application of the ordinance will produce practical difficulties and unnecessary hardship because of the physical character of the property. Each of the three dwelIin~since their construction have been used as separate and independent dwelling houses. The premises sought to be sold is completely fenced on the east, south and west sides and has likewise always been used as a self-contained, private dwelling unit. A denial of a variance in this ease would in effect prohibit applicant from conveyh~g the dwelling house although she could legally continue to lease the premises for dwelling purposes as it is a use commenced prior to the enactment of the zoning ordinance. It would therefore seem that an unnecessary hardship would result upon the failure of the granting of this variance. This hardship is unique and not shared by properties in the immediate vicinity. The granting of the variance requested herein would not change the character of the district because the conditions existed for more than fifty years and the granting of a variance would not in any way change the use of the premises or the character of the neighborhood immediately adjacent thereto. Ali that would result would be a change in the title of the premises. Ail of the premises in the area would continue to be used for the use which existed for many, many years. -2- IK~rIEREFORE, applicant respectfully requests that a variance be granted to permit applicant to sell the premises hereinbefore described. STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to this Nfarjorie ss: /~ ~ day of November, 1964. DougLa~'s No'fy PubIic / ~- / -3- Orient, New York November 17, 1964 Mr. Howard Terry SouthoId Town BuiIding Inspector Town Clerk's Office Southold, New York Dear Sir: I enclose herewith an application for a permit to sell a portion of my property at Orient, New York. On the assumption that you are not authorized to grant such permission, I am also enclosing an application to the Board of Appeals for a variance for such purpose together with my check to the SouthoId Town Board of Appeals in the amount of $5.00 to cover the fee. I would appreciate it if you would submit the enclosed application to the Board of Appeals for its consideration at its next meeting. Yours very truly, Marjorie Douglass enclosures FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To ....... ~.l~ta..1)on~la~a ........................... ............... Or Xen~..~..:f. ..................................... PLEASE TAKE NOTICE that your application dated ...................... ~O.~el~Z~M~...~ 19...~. for permit t~ ~'],d~..&..~,lJ.....P..F~m~,ses located at ....~....~ll~..~ ......................................................................... StreetOrien~ ]qo ~, Map ......... ~ ........................ Block ..... ~ ......................... Lot .......... X~ ......................... is ~ on the followin? ground, ....Xn~u~£XeZ®n~;.....f~.~tag® .&....a~ea ............. A~2.. ~IX.. ~e~$on..~0.~..&..~r.t.. X.. s®etXon..~000~ ............................. Building Inspector~ · r l-r~ b;,o r t' \ , i iI