| Author |
Message |
    
James
Citizen
Username: Mcgregorj
Post Number: 93
Registered: 7-2003
| | Posted on Saturday, February 25, 2006 - 10:15 am: | 
|
All:
Hi. In December, my wife and I bought the yellow house on the corner of Irvington and Lindsley. It's just to the east of the property that was the gas station that closed down 15 or so years ago.
When we bought the house, we knew there were plans to build 3 townhouses on the gas station property (the same guy owned both lots at one time). Obviously, you're taking some risk buying a house next to a vacant lot.
Now, they've started doing construction next door. They've ripped everything up and Thursday and Friday dug trenches for foundations for three townhouses. The issue is - the closest foundation is *very* close to our property line.
From our line to the closest trench is only 4 feet. There's only another 2 or so feet between that and our kitchen window. This means we'll have a townhouse 6 feet away from us. You can see photos of how close it is at http://www.flickr.com/photos/mcgregorj/sets/72057594070043302/
I've been looking into the code stuff and I can't figure out whether this is too close.
Here are the townhouse zoning regs from the SO Code:
§ 92-200.4. Supplemental use and bulk regulations for the Residence TH Townhouse District. [Added 5-23-1994 by Ord. No. 94-13]
A. Townhouses shall meet the following standards:
(1) Minimum lot area: 20,000 square feet.
(2) Minimum building setback from property line: 25 feet.
(3) Maximum lot coverage: 65%.
(4) Maximum building height: 2 1/2 stories or 35 feet.
(5) Maximum permitted density: 12 dwelling units per acre.
(6) Off-street parking: as regulated in § 92-201A.
(7) A five-foot landscaped buffer shall be provided along any property line which abuts a single-family or two-family district. A fence or wall not less than four feet in height nor more than eight feet in height may be substituted for the required landscaping if approved by the approving authority.
(8) Building face to pavement: 15 feet.
(9) Building spacing: a minimum of 25 feet between buildings.
Does anyone know if "property line" only refers to the front line? Do they have to be 5 feet from the line? Anybody have any ideas?
I'll try to call the Code Enforcement Dept. on Monday, but I'd like to jump on this to see if there's anything that can be done.
I put this in this forum since it deals with legal issues specific to the South Orange Municipal Code |
MHD
Citizen
Username: Mayhewdrive
Post Number: 3397
Registered: 5-2001
| | Posted on Saturday, February 25, 2006 - 10:21 am: |
|
I think you first need to confirm what your properties as zoned as. Are you sure it is zoned as "Residence Townhouse District"? Just because they are building townhouses, it may not mean that is how it is zoned. For example, they are building townhouses in the quarry and the zoning for that property is completely different. |
James
Citizen
Username: Mcgregorj
Post Number: 94
Registered: 7-2003
| | Posted on Saturday, February 25, 2006 - 10:27 am: |
|
Well, when we bought the property I looked at the files for 452 and 462 down at village hall. I looked at the maps while there and pretty much all of Irvington Ave. is zoned TH. In fact, I think I remember being told that these lots were both TH. |
HOMMELL
Citizen
Username: Hommell
Post Number: 36
Registered: 11-2005
| | Posted on Saturday, February 25, 2006 - 10:39 am: |
|
You may want to contact the Department of Code Enforcement and Inspections
http://www.southorange.org/inspections.asp |
Bob K
Supporter
Username: Bobk
Post Number: 10800
Registered: 5-2001
| | Posted on Saturday, February 25, 2006 - 10:53 am: |
|
I am neither a lawyer nor an expert on zoning issues. However, the townhouse zoning regulations seem pretty clear that townhouses have to be set back 25 feet from the property line and be buffered from a residential zone by plantings or a fence. It is unclear if your home is in a residential zone or not from your post.
However, all towns have a Zoning Board of Appeal and a Planning Board. The Board of Appeal, I believe, can grant variances to the building code.
If such a variance was granted since you owned the property you should have been notified of the meeting or meetings on the subject. If a variance was granted before you bought your property I think this should have been noted in the disclosure statement.
The first step is to talk to the building department at the Village Hall as MHD suggests. After that you might want to see a lawyer who specializes in real estate disputes.
|
kevin
Supporter
Username: Kevin
Post Number: 619
Registered: 2-2002
| | Posted on Saturday, February 25, 2006 - 5:00 pm: |
|
Assuming that the old gas station property was signed off by the DEP as not being contaminated, that's at least a positive.
|
mrosner
Citizen
Username: Mrosner
Post Number: 2590
Registered: 4-2002
| | Posted on Saturday, February 25, 2006 - 5:21 pm: |
|
James: I think Bob K's post sums it up. I suggest you ask for Sal Renda or John Gross when you call village hall.
|
Pizzaz
Supporter
Username: Pizzaz
Post Number: 3206
Registered: 11-2001
| | Posted on Saturday, February 25, 2006 - 5:56 pm: |
|
Who's the investor/builder? |
James
Citizen
Username: Mcgregorj
Post Number: 95
Registered: 7-2003
| | Posted on Monday, February 27, 2006 - 7:59 am: |
|
(a) the property contamination is not an issue. The tanks came out several years ago (most of them in 1991 or so, another clean tank in 2001).
(b) I'm not sure who the investor is. The property was, at least until recently (maybe still) owned by Irwin Hall, who also owned our property.
(c) Yep, I'll be calling village hall right after my staff meeting at work this morning. Sal Renda or John Gross.
(d) There's actually someone who looks like they know what they're doing walking the property right now and kind of checking out the trenches. Not sure if it's someone from the builder or village or what...
Thanks for your help, everybody. |
James
Citizen
Username: Mcgregorj
Post Number: 96
Registered: 7-2003
| | Posted on Monday, February 27, 2006 - 9:23 am: |
|
Well, I called the Zoning Office this morning and spoke to "Pat". Sal Renda wasn't in yet. She told me that they're actually single family homes being built (there was a variance, I guess). According to her, the setback for single family home *is* 4 feet.
Of course, I can't find anything to that effect in the code.
I should probably go over and introduce myself to the other affected neighbor tonight. |
Closed: New threads not accepted on this page